Am. Sub. H. B. No. 59 As Passed by the Senate

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 59

Representative Amstutz

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

A BILL

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

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

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

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

109.86, 109.90, 111.02, 111.15, 111.28, 113.02,

113.061, 117.03, 117.10, 117.20, 119.01, 120.06,

121.02, 121.03, 121.22, 121.35, 121.37, 121.372,

122.075, 122.083, 122.17, 122.171, 122.175,

122.28, 122.30, 122.31, 122.32, 122.33, 122.34,

122.35, 122.36, 122.58, 122.657, 122.658, 122.66,

122.67, 122.68, 122.69, 122.70, 122.701, 122.76,

122.861, 123.01, 123.10, 123.11, 123.201, 123.21,

123.27, 124.11, 124.14, 124.18, 124.30, 124.341,

124.381, 124.57, 124.84, 125.05, 125.21, 125.212,

125.28, 125.602, 125.603, 125.832, 125.836,

126.07, 126.14, 126.32, 126.35, 126.45, 126.46,

126.47, 126.48, 127.14, 127.16, 131.51, 133.01,

133.06, 135.143, 135.22, 135.35, 135.61, 135.71,

135.80, 135.81, 135.85, 140.01, 140.03, 140.05,

145.01, 145.012, 145.037, 145.22, 149.01, 149.12,

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

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

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

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

169.05, 169.07, 169.08, 173.03, 173.14, 173.17,

173.19, 173.20, 173.21, 173.23, 173.25, 173.26,

173.27, 173.28, 173.39, 173.391, 173.392, 173.394,

173.40, 173.401, 173.402, 173.403, 173.404,

173.42, 173.43, 173.431, 173.432, 173.434, 173.45,

173.47, 173.48, 173.50, 173.501, 173.99, 175.04,

187.10, 191.01, 191.02, 191.04, 191.06, 301.28,

305.23, 306.35, 307.07, 307.674, 307.86, 309.09,

317.06, 317.08, 317.32, 317.321, 317.36, 321.35,

321.44, 323.158, 329.04, 329.051, 329.06, 329.14,

333.01, 333.02, 333.03, 333.04, 333.05, 339.02,

339.05, 339.06, 339.07, 340.01, 340.011, 340.02,

340.021, 340.03, 340.031, 340.032, 340.04, 340.05,

340.07, 340.09, 340.091, 340.10, 340.11, 340.12,

340.13, 340.15, 340.16, 341.192, 349.01, 349.04,

351.021, 715.013, 715.691, 721.01, 721.03,

731.091, 737.41, 742.14, 755.06, 901.21, 901.22,

901.23, 903.11, 903.99, 905.06, 909.15, 924.02,

924.06, 927.54, 935.01, 935.03, 935.041, 935.12,

955.01, 955.05, 955.06, 955.07, 955.08, 955.09,

955.12, 955.14, 955.201, 956.07, 956.18, 959.131,

959.132, 959.99, 991.03, 991.04, 991.06, 1309.521,

1321.51, 1321.535, 1321.55, 1322.01, 1322.051,

1327.46, 1327.48, 1327.50, 1327.501, 1327.61,

1327.99, 1332.26, 1337.11, 1347.08, 1501.011,

1501.45, 1506.21, 1506.30, 1509.01, 1509.02,

1509.062, 1509.10, 1509.11, 1509.22, 1509.226,

1509.50, 1511.02, 1511.022, 1519.05, 1531.06,

1531.17, 1545.071, 1547.05, 1547.051, 1547.052,

1547.06, 1547.542, 1547.99, 1548.02, 1551.33,

1551.35, 1555.15, 1711.07, 1721.10, 1724.03,

1739.061, 1751.01, 1751.11, 1751.12, 1751.14,

1751.271, 1751.31, 1751.60, 1901.10, 1901.12,

1901.33, 1907.14, 1923.14, 2101.08, 2101.24,

2108.05, 2113.041, 2113.06, 2117.061, 2117.25,

2133.01, 2133.25, 2151.011, 2151.3514, 2151.362,

2151.83, 2151.86, 2152.54, 2152.59, 2301.14,

2301.20, 2301.23, 2301.24, 2301.25, 2303.201,

2305.234, 2307.65, 2311.14, 2317.02, 2317.422,

2335.09, 2335.11, 2501.16, 2505.02, 2701.03,

2701.031, 2743.03, 2743.09, 2743.121, 2743.191,

2743.20, 2743.48, 2743.52, 2743.53, 2743.531,

2743.55, 2743.60, 2743.601, 2743.61, 2743.62,

2743.63, 2743.64, 2743.65, 2743.66, 2743.67,

2743.68, 2743.69, 2743.71, 2744.05, 2901.13,

2901.30, 2903.33, 2907.22, 2913.01, 2913.40,

2913.401, 2915.02, 2919.271, 2921.01, 2921.22,

2921.36, 2921.38, 2923.126, 2925.03, 2929.15,

2930.01, 2935.03, 2935.33, 2945.37, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2951.041,

2953.32, 2967.22, 2981.01, 2981.12, 2981.13,

3101.051, 3107.083, 3109.15, 3111.04, 3111.72,

3119.29, 3119.54, 3121.441, 3121.89, 3121.891,

3121.892, 3121.893, 3121.898, 3123.958, 3125.18,

3125.36, 3301.07, 3301.0711, 3301.0712, 3301.0714,

3301.0715, 3301.0723, 3301.0725, 3301.15, 3301.16,

3302.01, 3302.03, 3302.032, 3302.20, 3302.21,

3302.22, 3303.41, 3304.11, 3304.12, 3304.13,

3304.14, 3304.15, 3304.16, 3304.17, 3304.18,

3304.181, 3304.182, 3304.19, 3304.20, 3304.21,

3304.22, 3304.23, 3304.231, 3304.25, 3304.27,

3304.28, 3304.41, 3305.03, 3307.51, 3309.21,

3310.01, 3310.02, 3310.03, 3310.05, 3310.06,

3310.08, 3310.13, 3310.14, 3310.522, 3310.56,

3311.0510, 3311.19, 3311.22, 3311.231, 3311.38,

3311.86, 3312.08, 3313.372, 3313.376, 3313.48,

3313.483, 3313.484, 3313.488, 3313.4810, 3313.533,

3313.539, 3313.60, 3313.603, 3313.6013, 3313.6016,

3313.612, 3313.615, 3313.62, 3313.64, 3313.646,

3313.65, 3313.674, 3313.714, 3313.715, 3313.82,

3313.83, 3313.841, 3313.843, 3313.844, 3313.845,

3313.847, 3313.88, 3313.911, 3313.976, 3313.978,

3313.98, 3313.981, 3314.015, 3314.017, 3314.027,

3314.029, 3314.03, 3314.05, 3314.06, 3314.072,

3314.074, 3314.08, 3314.083, 3314.084, 3314.087,

3314.091, 3314.11, 3314.26, 3314.35, 3315.07,

100

3315.33, 3315.40, 3315.42, 3316.041, 3316.06,

101

3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,

102

3317.03, 3317.032, 3317.05, 3317.06, 3317.063,

103

3317.08, 3317.10, 3317.14, 3317.18, 3317.19,

104

3317.20, 3317.201, 3317.50, 3317.51, 3318.011,

105

3318.031, 3318.08, 3318.31, 3318.36, 3318.363,

106

3319.07, 3319.073, 3319.0811, 3319.112, 3319.17,

107

3319.22, 3319.235, 3319.57, 3319.58, 3321.01,

108

3321.04, 3321.05, 3321.13, 3321.14, 3321.15,

109

3323.021, 3323.03, 3323.04, 3323.07, 3323.08,

110

3323.09, 3323.091, 3323.13, 3323.14, 3323.141,

111

3323.142, 3326.07, 3326.08, 3326.11, 3326.31,

112

3326.32, 3326.33, 3326.34, 3326.38, 3326.45,

113

3327.01, 3327.02, 3327.10, 3333.041, 3333.73,

114

3333.82, 3334.08, 3335.35, 3335.36, 3335.37,

115

3335.38, 3345.05, 3345.06, 3345.12, 3353.01,

116

3353.02, 3353.03, 3353.04, 3353.06, 3353.07,

117

3365.01, 3365.02, 3365.021, 3365.07, 3365.12,

118

3383.01, 3383.07, 3501.01, 3517.01, 3517.10,

119

3517.101, 3517.102, 3517.103, 3517.153, 3517.154,

120

3517.155, 3517.20, 3517.992, 3599.03, 3599.45,

121

3701.023, 3701.024, 3701.027, 3701.041, 3701.13,

122

3701.132, 3701.243, 3701.261, 3701.262, 3701.264,

123

3701.342, 3701.344, 3701.507, 3701.74, 3701.741,

124

3701.742, 3701.78, 3701.881, 3701.921, 3701.922,

125

3701.99, 3702.30, 3702.51, 3702.521, 3702.55,

126

3702.62, 3702.74, 3702.91, 3704.144, 3706.01,

127

3707.511, 3709.01, 3709.051, 3709.10, 3712.051,

128

3712.07, 3712.09, 3713.06, 3714.03, 3714.07,

129

3717.08, 3718.06, 3719.61, 3721.01, 3721.011,

130

3721.02, 3721.022, 3721.024, 3721.027, 3721.042,

131

3721.071, 3721.08, 3721.10, 3721.12, 3721.121,

132

3721.13, 3721.14, 3721.15, 3721.16, 3721.17,

133

3721.19, 3721.50, 3721.51, 3721.511, 3721.512,

134

3721.513, 3721.52, 3721.53, 3721.531, 3721.532,

135

3721.533, 3721.54, 3721.541, 3721.55, 3721.56,

136

3721.57, 3721.58, 3727.01, 3734.01, 3734.02,

137

3734.28, 3734.57, 3734.901, 3734.907, 3735.58,

138

3737.02, 3737.83, 3737.841, 3737.88, 3737.882,

139

3742.30, 3742.31, 3742.32, 3742.51, 3745.11,

140

3745.113, 3745.72, 3748.01, 3748.04, 3769.08,

141

3769.087, 3769.088, 3770.02, 3770.06, 3770.21,

142

3772.03, 3772.062, 3772.24, 3781.112, 3793.01,

143

3793.031, 3793.032, 3793.051, 3793.10, 3793.11,

144

3793.12, 3793.13, 3793.14, 3793.15, 3793.16,

145

3793.18, 3793.22, 3793.31, 3793.32, 3793.33,

146

3793.34, 3793.35, 3793.36, 3793.37, 3793.38,

147

3793.39, 3795.01, 3798.01, 3798.10, 3798.13,

148

3798.14, 3798.15, 3798.16, 3901.3814, 3903.14,

149

3905.40, 3905.483, 3905.862, 3916.06, 3923.24,

150

3923.241, 3923.281, 3923.443, 3923.49, 3923.50,

151

3923.601, 3923.83, 3924.41, 3924.42, 3963.01,

152

3963.04, 4104.33, 4112.02, 4112.12, 4112.31,

153

4115.034, 4115.32, 4117.06, 4117.14, 4117.15,

154

4121.44, 4121.441, 4121.50, 4121.69, 4123.32,

155

4123.35, 4123.41, 4123.57, 4123.93, 4131.03,

156

4141.162, 4141.29, 4301.01, 4301.10, 4301.171,

157

4301.30, 4301.43, 4301.62, 4303.181, 4305.131,

158

4501.01, 4501.21, 4503.03, 4503.0610, 4503.44,

159

4503.62, 4505.02, 4505.09, 4506.07, 4507.01,

160

4507.06, 4507.51, 4510.038, 4510.45, 4511.19,

161

4511.191, 4511.21, 4511.69, 4511.85, 4513.34,

162

4519.11, 4701.03, 4707.02, 4707.073, 4707.10,

163

4709.11, 4713.08, 4713.44, 4715.22, 4715.36,

164

4715.372, 4715.39, 4715.64, 4717.03, 4717.06,

165

4717.07, 4717.10, 4717.14, 4717.15, 4719.01,

166

4723.18, 4723.35, 4723.481, 4725.03, 4725.16,

167

4729.01, 4729.51, 4729.54, 4729.69, 4729.77,

168

4729.78, 4729.79, 4729.80, 4729.81, 4729.99,

169

4730.411, 4731.05, 4731.151, 4731.23, 4731.65,

170

4731.71, 4732.06, 4732.07, 4732.08, 4734.41,

171

4735.07, 4735.09, 4735.10, 4735.142, 4735.56,

172

4742.01, 4751.02, 4751.03, 4751.04, 4751.041,

173

4751.05, 4751.06, 4751.07, 4751.08, 4751.10,

174

4751.11, 4751.12, 4751.13, 4753.071, 4755.11,

175

4755.47, 4755.481, 4755.64, 4758.10, 4758.11,

176

4761.01, 4776.01, 4778.02, 4778.03, 4781.121,

177

4781.28, 4781.29, 4906.20, 4955.32, 4955.321,

178

4955.34, 4955.44, 4955.47, 4999.04, 5101.01,

179

5101.11, 5101.141, 5101.16, 5101.162, 5101.18,

180

5101.181, 5101.183, 5101.184, 5101.26, 5101.271,

181

5101.272, 5101.273, 5101.30, 5101.31, 5101.34,

182

5101.35, 5101.36, 5101.46, 5101.461, 5101.47,

183

5101.49, 5101.50, 5101.501, 5101.502, 5101.51,

184

5101.511, 5101.512, 5101.513, 5101.516, 5101.517,

185

5101.519, 5101.5110, 5101.52, 5101.521, 5101.522,

186

5101.524, 5101.527, 5101.571, 5101.572, 5101.573,

187

5101.574, 5101.575, 5101.58, 5101.59, 5101.591,

188

5101.60, 5101.61, 5101.80, 5101.801, 5101.803,

189

5103.02, 5103.0323, 5103.13, 5103.42, 5104.012,

190

5104.013, 5104.02, 5104.021, 5104.03, 5104.08,

191

5104.11, 5104.12, 5104.32, 5107.10, 5107.14,

192

5107.16, 5107.20, 5107.24, 5107.26, 5107.42,

193

5107.64, 5111.01, 5111.011, 5111.013, 5111.016,

194

5111.018, 5111.0112, 5111.0114, 5111.0116,

195

5111.0117, 5111.0118, 5111.0119, 5111.02,

196

5111.021, 5111.022, 5111.023, 5111.024, 5111.025,

197

5111.027, 5111.028, 5111.029, 5111.0210,

198

5111.0211, 5111.0212, 5111.0213, 5111.0214,

199

5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,

200

5111.034, 5111.035, 5111.04, 5111.042, 5111.05,

201

5111.051, 5111.052, 5111.053, 5111.054, 5111.06,

202

5111.061, 5111.062, 5111.063, 5111.07, 5111.071,

203

5111.08, 5111.081, 5111.082, 5111.083, 5111.084,

204

5111.085, 5111.086, 5111.09, 5111.091, 5111.092,

205

5111.10, 5111.101, 5111.102, 5111.11, 5111.111,

206

5111.112, 5111.113, 5111.114, 5111.12, 5111.121,

207

5111.13, 5111.14, 5111.141, 5111.15, 5111.151,

208

5111.16, 5111.161, 5111.162, 5111.163, 5111.17,

209

5111.171, 5111.172, 5111.173, 5111.174, 5111.175,

210

5111.177, 5111.178, 5111.179, 5111.1710,

211

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

212

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

213

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

214

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

215

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

216

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

217

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

218

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

219

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

220

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

221

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

222

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

223

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

224

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

225

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

226

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

227

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

228

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

229

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

230

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

231

5111.686, 5111.687, 5111.688, 5111.689, 5111.70,

232

5111.701, 5111.702, 5111.703, 5111.704, 5111.705,

233

5111.707, 5111.708, 5111.709, 5111.7011, 5111.71,

234

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

235

5111.83, 5111.84, 5111.85, 5111.851, 5111.852,

236

5111.853, 5111.854, 5111.855, 5111.856, 5111.86,

237

5111.861, 5111.862, 5111.863, 5111.864, 5111.865,

238

5111.87, 5111.871, 5111.872, 5111.873, 5111.874,

239

5111.875, 5111.876, 5111.877, 5111.878, 5111.879,

240

5111.88, 5111.881, 5111.882, 5111.885, 5111.886,

241

5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,

242

5111.891, 5111.892, 5111.894, 5111.90, 5111.91,

243

5111.911, 5111.912, 5111.914, 5111.915, 5111.92,

244

5111.93, 5111.94, 5111.941, 5111.943, 5111.944,

245

5111.945, 5111.96, 5111.97, 5111.98, 5111.981,

246

5111.982, 5111.99, 5112.01, 5112.03, 5112.04,

247

5112.05, 5112.06, 5112.07, 5112.08, 5112.09,

248

5112.10, 5112.11, 5112.17, 5112.18, 5112.19,

249

5112.21, 5112.30, 5112.31, 5112.32, 5112.33,

250

5112.331, 5112.34, 5112.341, 5112.35, 5112.37,

251

5112.371, 5112.38, 5112.39, 5112.40, 5112.41,

252

5112.42, 5112.43, 5112.44, 5112.45, 5112.46,

253

5112.47, 5112.48, 5112.99, 5112.991, 5115.20,

254

5117.10, 5119.01, 5119.012, 5119.02, 5119.04,

255

5119.06, 5119.061, 5119.07, 5119.071, 5119.072,

256

5119.08, 5119.10, 5119.101, 5119.11, 5119.12,

257

5119.14, 5119.16, 5119.161, 5119.17, 5119.18,

258

5119.20, 5119.201, 5119.202, 5119.21, 5119.22,

259

5119.221, 5119.23, 5119.24, 5119.27, 5119.30,

260

5119.33, 5119.34, 5119.35, 5119.351, 5119.36,

261

5119.42, 5119.43, 5119.44, 5119.46, 5119.51,

262

5119.52, 5119.53, 5119.57, 5119.60, 5119.61,

263

5119.611, 5119.612, 5119.613, 5119.62, 5119.621,

264

5119.622, 5119.63, 5119.631, 5119.69, 5119.691,

265

5119.99, 5120.07, 5120.09, 5120.135, 5120.17,

266

5120.171, 5120.652, 5120.654, 5121.051, 5121.30,

267

5121.32, 5121.33, 5121.34, 5121.35, 5121.36,

268

5121.37, 5121.38, 5121.40, 5121.42, 5121.43,

269

5121.44, 5121.45, 5121.46, 5121.47, 5121.49,

270

5121.50, 5121.51, 5121.52, 5121.55, 5122.01,

271

5122.03, 5122.10, 5122.11, 5122.12, 5122.13,

272

5122.15, 5122.17, 5122.18, 5122.19, 5122.20,

273

5122.21, 5122.23, 5122.25, 5122.26, 5122.27,

274

5122.271, 5122.31, 5122.311, 5122.32, 5122.33,

275

5122.34, 5122.341, 5122.39, 5122.43, 5122.44,

276

5122.45, 5122.46, 5122.47, 5123.01, 5123.021,

277

5123.022, 5123.03, 5123.0412, 5123.0417, 5123.09,

278

5123.171, 5123.19, 5123.192, 5123.197, 5123.198,

279

5123.38, 5123.61, 5123.86, 5126.01, 5126.026,

280

5126.043, 5126.05, 5126.051, 5126.054, 5126.055,

281

5139.03, 5139.04, 5139.08, 5139.34, 5145.162,

282

5145.18, 5149.22, 5153.16, 5302.221, 5309.082,

283

5309.68, 5309.86, 5501.311, 5501.312, 5501.73,

284

5502.011, 5505.12, 5507.01, 5507.02, 5507.021,

285

5507.022, 5507.03, 5507.06, 5507.07, 5507.08,

286

5507.09, 5507.12, 5507.15, 5507.18, 5507.22,

287

5507.25, 5507.26, 5507.27, 5507.32, 5507.34,

288

5507.40, 5507.42, 5507.44, 5507.46, 5507.52,

289

5507.53, 5507.54, 5507.55, 5507.57, 5507.571,

290

5507.60, 5507.63, 5507.99, 5511.03, 5515.08,

291

5540.03, 5701.13, 5703.052, 5703.053, 5703.059,

292

5703.19, 5703.21, 5703.37, 5703.50, 5703.70,

293

5703.82, 5705.01, 5705.10, 5705.19, 5705.192,

294

5705.21, 5705.217, 5705.218, 5705.221, 5705.25,

295

5709.17, 5709.75, 5723.01, 5725.18, 5725.33,

296

5725.34, 5726.20, 5726.52, 5726.54, 5727.26,

297

5727.75, 5727.84, 5727.89, 5728.10, 5729.03,

298

5729.04, 5729.16, 5729.17, 5731.39, 5733.01,

299

5733.06, 5733.11, 5733.55, 5733.58, 5733.98,

300

5735.012, 5735.12, 5735.142, 5735.27, 5735.34,

301

5739.01, 5739.02, 5739.026, 5739.09, 5739.13,

302

5741.01, 5741.03, 5741.17, 5743.081, 5743.15,

303

5743.56, 5745.12, 5747.01, 5747.02, 5747.022,

304

5747.025, 5747.08, 5747.10, 5747.11, 5747.113,

305

5747.122, 5747.13, 5747.21, 5747.22, 5747.47,

306

5747.501, 5747.76, 5747.98, 5748.01, 5749.02,

307

5749.06, 5749.07, 5749.17, 5751.01, 5751.02,

308

5751.051, 5751.07, 5751.081, 5751.09, 5751.20,

309

5751.21, 5751.98, 5753.03, 5753.07, 5815.28,

310

5902.02, 5905.02, 5910.02, 5910.07, 5919.34,

311

5924.502, 5924.503, 5924.504, 5924.506, 6109.21,

312

and 6111.037; to amend, for the purpose of

313

adopting new section numbers as indicated in

314

parentheses, sections 173.394 (173.38), 173.40

315

(173.52), 173.401 (173.521), 173.402 (173.524),

316

173.403 (173.53), 173.404 (173.55), 3304.23

317

(3335.60), 3304.231 (3335.61), 3304.14 (3304.15),

318

3304.15 (3304.16), 3304.16 (3304.14), 3313.847

319

(3317.30), 3333.90 (3333.59), 3383.01 (123.28),

320

3383.07 (123.281), 3701.041 (124.88), 3721.50

321

(5168.40), 3721.51 (5168.42), 3721.511 (5168.43),

322

3721.512 (5168.44), 3721.513 (5168.45), 3721.52

323

(5168.46), 3721.53 (5168.47), 3721.531 (5168.48),

324

3721.532 (5168.49), 3721.533 (5168.50), 3721.54

325

(5168.51), 3721.541 (5168.52), 3721.55 (5168.53),

326

3721.56 (5168.54), 3721.57 (5168.55), 3721.58

327

(5168.56), 3737.883 (3737.884), 3793.01 (5119.01),

328

3793.031 (5119.201), 3793.032 (5119.47), 3793.051

329

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

330

3793.12 (5119.61), 3793.13 (5119.27), 3793.14

331

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

332

3793.18 (5119.30), 3793.22 (5119.49), 3793.31

333

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

334

3793.34 (5119.93), 3793.35 (5119.94), 3793.36

335

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

336

3793.39 (5119.98), 5101.271 (5160.45), 5101.31

337

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

338

5101.502 (5161.02), 5101.51 (5161.10), 5101.511

339

(5161.11), 5101.5110 (5161.35), 5101.512

340

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

341

5101.517 (5161.24), 5101.519 (5161.27), 5101.52

342

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

343

5101.524 (5161.20), 5101.527 (5161.25), 5101.571

344

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

345

5101.574 (5160.41), 5101.575 (5160.42), 5101.58

346

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

347

5111.01 (5162.03), 5111.011 (5163.02), 5111.013

348

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

349

5111.0112 (5162.20), 5111.0114 (5164.754),

350

5111.0116 (5163.30), 5111.0117 (5163.31),

351

5111.0118 (5163.32), 5111.0119 (5163.45), 5111.02

352

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

353

5111.023 (5164.15), 5111.024 (5164.08), 5111.025

354

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

355

5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211

356

(5165.48), 5111.0212 (5164.80), 5111.0213

357

(5164.77), 5111.0214 (5164.82), 5111.0215

358

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

359

5111.032 (5164.34), 5111.033 (5164.342), 5111.034

360

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

361

5111.042 (5164.25), 5111.05 (5164.45), 5111.051

362

(5164.48), 5111.052 (5164.46), 5111.053

363

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

364

5111.061 (5164.57), 5111.062 (5164.39), 5111.063

365

(5164.31), 5111.07 (5164.752), 5111.071

366

(5164.753), 5111.08 (5164.759), 5111.081

367

(5164.755), 5111.082 (5164.751), 5111.083

368

(5164.757), 5111.084 (5164.7510), 5111.085

369

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

370

5111.091 (5162.131), 5111.092 (5162.132), 5111.10

371

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

372

5111.11 (5162.21), 5111.111 (5162.211), 5111.112

373

(5162.212), 5111.113 (5162.22), 5111.114

374

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

375

5111.13 (5164.85), 5111.14 (5164.88), 5111.141

376

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

377

5111.16 (5167.03), 5111.161 (5167.031), 5111.162

378

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

379

5111.171 (5167.31), 5111.172 (5167.12), 5111.173

380

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

381

5111.177 (5167.11), 5111.178 (5167.25), 5111.179

382

(5167.13), 5111.1710 (5167.14), 5111.1711

383

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

384

5111.19 (5164.74), 5111.191 (5164.741), 5111.20

385

(5165.01), 5111.201 (5165.011), 5111.202

386

(5165.03), 5111.203 (5165.031), 5111.204

387

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

388

5111.22 (5165.07), 5111.221 (5165.37), 5111.222

389

(5165.15), 5111.223 (5165.071), 5111.224

390

(5124.15), 5111.225 (5165.155), 5111.226

391

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

392

5111.232 (5165.192), 5111.233 (5124.194), 5111.235

393

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

394

5111.242 (5165.21), 5111.244 (5165.25), 5111.245

395

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

396

5111.251 (5124.17), 5111.254 (5165.151), 5111.255

397

(5124.151), 5111.257 (5165.28), 5111.258

398

(5165.153), 5111.259 (5165.156), 5111.26

399

(5165.10), 5111.261 (5165.107), 5111.262

400

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

401

5111.265 (5165.29), 5111.266 (5165.101), 5111.27

402

(5165.108), 5111.271 (5165.1010), 5111.28

403

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

404

5111.30 (5165.073), 5111.31 (5165.08), 5111.32

405

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

406

5111.35 (5165.60), 5111.36 (5165.61), 5111.37

407

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

408

5111.40 (5165.65), 5111.41 (5165.66), 5111.411

409

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

410

5111.44 (5165.70), 5111.45 (5165.71), 5111.46

411

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

412

5111.49 (5165.75), 5111.50 (5165.76), 5111.51

413

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

414

5111.53 (5165.80), 5111.54 (5165.81), 5111.55

415

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

416

5111.58 (5165.85), 5111.59 (5165.86), 5111.60

417

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

418

5111.63 (5165.89), 5111.66 (5165.50), 5111.661

419

(5165.501), 5111.67 (5165.51), 5111.671

420

(5165.511), 5111.672 (5165.512), 5111.673

421

(5165.513), 5111.674 (5165.514), 5111.675

422

(5165.515), 5111.676 (5165.516), 5111.677

423

(5165.517), 5111.68 (5165.52), 5111.681

424

(5165.521), 5111.682 (5165.522), 5111.683

425

(5165.523), 5111.684 (5165.524), 5111.685

426

(5165.525), 5111.686 (5165.526), 5111.687

427

(5165.527), 5111.688 (5165.528), 5111.689

428

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

429

5111.702 (5163.092), 5111.703 (5163.093), 5111.704

430

(5163.094), 5111.705 (5163.095), 5111.706

431

(5163.096), 5111.707 (5163.097), 5111.708

432

(5163.098), 5111.709 (5163.099), 5111.7011

433

(5163.0910), 5111.71 (5162.36), 5111.711

434

(5162.361), 5111.712 (5162.362), 5111.713

435

(5162.363), 5111.714 (5162.64), 5111.715

436

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

437

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

438

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

439

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

440

(5166.11), 5111.861 (5166.12), 5111.862

441

(5166.121), 5111.863 (5166.13), 5111.864

442

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

443

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

444

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

445

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

446

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

447

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

448

(5166.303), 5111.884 (5166.304), 5111.885

449

(5166.305), 5111.886 (5166.306), 5111.887

450

(5166.307), 5111.888 (5166.308), 5111.889

451

(5166.309), 5111.8810 (5166.3010), 5111.89

452

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

453

5111.893 (173.547), 5111.894 (173.542), 5111.90

454

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

455

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

456

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

457

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

458

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

459

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

460

(5162.031), 5111.981 (5164.91), 5111.982

461

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

462

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

463

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

464

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

465

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

466

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

467

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

468

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

469

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

470

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

471

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

472

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

473

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

474

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

475

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

476

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

477

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

478

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

479

(5119.18), 5119.072 (5119.181), 5119.08

480

(5119.182), 5119.10 (5119.184), 5119.101

481

(5119.185), 5119.11 (5119.186), 5119.12

482

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

483

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

484

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

485

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

486

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

487

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

488

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

489

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

490

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

491

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

492

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

493

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

494

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

495

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

496

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

497

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

498

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

499

5507.02 (128.02), 5507.021 (128.021), 5507.022

500

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

501

5507.07 (128.07), 5507.08 (128.08), 5507.09

502

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

503

5507.18 (128.18), 5507.22 (128.22), 5507.25

504

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

505

5507.32 (128.32), 5507.34 (128.34), 5507.40

506

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

507

5507.46 (128.46), 5507.52 (128.52), 5507.53

508

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

509

5507.57 (128.57), 5507.571 (128.571), 5507.60

510

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

511

to enact new sections 1901.121, 3313.481,

512

3317.014, 3317.02, 3317.022, 3317.0217, 3317.051,

513

3317.16, 3326.39, 3345.81, and 3737.883, and

514

sections 1.611, 101.392, 103.0521, 103.83,

515

121.483, 122.681, 123.19, 125.27, 125.833,

516

126.211, 149.307, 173.51, 173.522, 173.523,

517

173.525, 173.543, 173.545, 173.546, 173.56,

518

340.08, 353.01 to 353.16, 511.261, 517.271,

519

721.29, 743.50, 903.30, 955.121, 991.041,

520

1327.502, 1509.074, 1509.16, 1541.50, 1545.23,

521

1547.532, 1901.122, 1901.123, 1907.141, 1907.142,

522

1907.143, 2101.026, 2301.19, 2329.192, 2743.041,

523

3302.035, 3302.26, 3310.032, 3310.035, 3313.5311,

524

3313.5312, 3313.6018, 3313.6019, 3313.848,

525

3313.849, 3314.042, 3314.082, 3314.086, 3314.092,

526

3314.261, 3314.29, 3317.016, 3317.017, 3317.0213,

527

3317.0214, 3317.161, 3317.25, 3317.40, 3319.031,

528

3319.0812, 3325.13, 3325.14, 3326.112, 3326.40,

529

3327.07, 3328.27, 3333.049, 3333.124, 3333.342,

530

3333.613, 3337.16, 3345.48, 3350.15, 3365.022,

531

3701.033, 3701.138, 3701.94, 3701.941, 3701.942,

532

3701.943, 3701.944, 3701.96, 3701.98, 3702.302,

533

3702.303, 3702.304, 3702.305, 3702.306, 3702.307,

534

3702.308, 3714.074, 3734.125, 3735.661, 3772.36,

535

4123.322, 4503.524, 4503.526, 4503.732, 4503.95,

536

4503.96, 4713.641, 4729.542, 4731.299, 4751.042,

537

4783.01, 4783.02, 4783.03, 4783.04, 4783.05,

538

4783.09, 4783.10, 4783.11, 4783.12, 4783.13,

539

4783.99, 4906.201, 4909.157, 4955.322, 5101.101,

540

5101.804, 5119.28, 5119.341, 5123.023, 5124.01,

541

5124.03, 5124.05, 5124.06, 5124.07, 5124.071,

542

5124.072, 5124.08, 5124.081, 5124.10, 5124.101,

543

5124.102, 5124.103, 5124.104, 5124.105, 5124.106,

544

5124.107, 5124.108, 5124.109, 5124.152, 5124.153,

545

5124.191, 5124.192, 5124.193, 5124.25, 5124.28,

546

5124.30, 5124.31, 5124.32, 5124.33, 5124.35,

547

5124.37, 5124.38, 5124.40, 5124.41, 5124.42,

548

5124.43, 5124.44, 5124.45, 5124.46, 5124.50,

549

5124.51, 5124.511, 5124.512, 5124.513, 5124.514,

550

5124.515, 5124.516, 5124.517, 5124.52, 5124.521,

551

5124.522, 5124.523, 5124.524, 5124.525, 5124.526,

552

5124.527, 5124.528, 5124.53, 5124.67, 5124.99,

553

5126.131, 5160.01, 5160.011, 5160.02, 5160.021,

554

5160.03, 5160.04, 5160.05, 5160.051, 5160.052,

555

5160.06, 5160.10, 5160.11, 5160.12, 5160.13,

556

5160.16, 5160.20, 5160.21, 5160.22, 5160.23,

557

5160.30, 5160.31, 5160.371, 5160.46, 5160.47,

558

5160.48, 5160.481, 5160.50, 5160.52, 5160.99,

559

5161.01, 5162.01, 5162.02, 5162.021, 5162.022,

560

5162.05, 5162.06, 5162.07, 5162.12, 5162.31,

561

5162.60, 5162.62, 5163.01, 5163.03, 5163.04,

562

5163.05, 5163.06, 5163.061, 5163.08, 5164.01,

563

5164.03, 5164.30, 5164.33, 5164.55, 5164.59,

564

5164.60, 5164.61, 5164.71, 5164.72, 5164.73,

565

5164.78, 5164.881, 5164.911, 5165.02, 5165.072,

566

5165.082, 5165.102, 5165.103, 5165.104, 5165.105,

567

5165.106, 5165.109, 5165.152, 5165.154, 5165.191,

568

5165.193, 5165.32, 5165.33, 5165.41, 5165.42,

569

5165.43, 5165.44, 5165.45, 5165.46, 5165.49,

570

5165.771, 5166.01, 5166.16, 5167.01, 5167.02,

571

5168.41, 5540.18, 5703.75, 5703.76, 5705.55,

572

5735.013, 5736.01 to 5736.14, 5736.99, 5741.032,

573

5751.55, 5910.08, 5919.342, and 6133.041; and to

574

repeal sections 122.076, 122.15, 122.151, 122.152,

575

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

576

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

577

173.433, 183.28, 184.04, 340.022, 340.033, 340.06,

578

340.14, 1513.371, 1531.34, 1547.721, 1547.722,

579

1547.723, 1547.724, 1547.725, 1547.726, 1901.121,

580

2301.26, 2743.54, 3302.043, 3304.24, 3304.26,

581

3304.38, 3313.481, 3313.482, 3313.4811, 3314.088,

582

3314.13, 3317.012, 3317.014, 3317.018, 3317.02,

583

3317.022, 3317.029, 3317.0217, 3317.051, 3317.052,

584

3317.053, 3317.11, 3317.16, 3317.62, 3317.63,

585

3317.64, 3318.023, 3323.16, 3326.39, 3345.81,

586

3353.09, 3353.15, 3353.20, 3383.02, 3383.03,

587

3383.04, 3383.05, 3383.06, 3383.08, 3383.09,

588

3506.22, 3517.1010, 3701.072, 3701.263, 3701.343,

589

3701.90, 3701.901, 3701.902, 3701.903, 3701.904,

590

3701.905, 3701.906, 3701.907, 3721.026, 3793.02,

591

3793.03, 3793.04, 3793.041, 3793.05, 3793.06,

592

3793.061, 3793.08, 3793.09, 3793.19, 3793.20,

593

3793.21, 3793.99, 5101.503, 5101.514, 5101.515,

594

5101.518, 5101.523, 5101.525, 5101.526, 5101.528,

595

5101.529, 5111.012, 5111.014, 5111.015, 5111.0110,

596

5111.0111, 5111.0113, 5111.0115, 5111.0120,

597

5111.0121, 5111.0122, 5111.0123, 5111.0124,

598

5111.0125, 5111.176, 5111.211, 5111.236, 5111.65,

599

5111.8710, 5111.8811, 5111.913, 5111.942,

600

5111.946, 5119.011, 5119.013, 5119.03, 5119.05,

601

5119.47, 5119.623, 5119.64, 5119.65, 5119.66,

602

5119.67, 5119.68, 5507.65, 5507.66, 5707.05,

603

5727.41, 5733.35, 5747.211, 5747.33, 6101.451, and

604

6111.029 of the Revised Code; to amend Section 1

605

of Sub. H.B. 34 of the 130th General Assembly; to

606

amend Sections 205.10, 506.10, and 755.30 of Am.

607

Sub. H.B. 51 of the 130th General Assembly; to

608

amend Section 753.30 of Am. Sub. H.B. 153 of the

609

129th General Assembly; to amend Section 4 of Am.

610

Sub. H.B. 279 of the 129th General Assembly; to

611

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

612

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

613

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

614

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

615

482 of the 129th General Assembly; to amend

616

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

617

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

618

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

619

General Assembly, as subsequently amended; to

620

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

621

General Assembly, as subsequently amended; to

622

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

623

128th General Assembly; to repeal Section

624

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

625

General Assembly; to repeal Section 125.10 of Am.

626

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

627

subsequently amended; to repeal Section 514.03 of

628

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

629

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

630

121st General Assembly as subsequently amended; to

631

amend Sections 203.30.40, 203.30.70, 203.30.80,

632

203.90.10, 203.90.20, 205.10.20, 205.30.90,

633

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

634

129th General Assembly; to amend the versions of

635

sections 109.57, 2151.011, 2923.126, 5104.012,

636

5104.013, 5104.03, 5104.08, and 5104.32 of the

637

Revised Code that are scheduled to take effect

638

January 1, 2014, to continue the provisions of

639

this act on and after that effective date; to

640

amend the versions of sections 4501.01, 4507.01,

641

and 4507.06 of the Revised Code that are scheduled

642

to take effect January 1, 2017, to continue the

643

provisions of this act on and after that effective

644

date; to amend section 3313.88 of the Revised Code

645

as it results from Section 101.01 of this act for

646

the purpose of adopting new section number

647

3313.482 on July 1, 2014; to make operating

648

appropriations for the biennium beginning July 1,

649

2013, and ending June 30, 2015; to provide

650

authorization and conditions for the operation of

651

state programs; to repeal sections 5168.20,

652

5168.21, 5168.22, 5168.23, 5168.24, 5168.25,

653

5168.26, 5168.27, and 5168.28 of the Revised Code

654

on October 1, 2015, to terminate the operation of

655

those sections on that date; to repeal sections

656

5168.01, 5168.02, 5168.03, 5168.04, 5168.05,

657

5168.06, 5168.07, 5168.08, 5168.09, 5168.10,

658

5168.11, 5168.12, 5168.13, 5168.99, and 5168.991

659

of the Revised Code on October 16, 2015, to

660

terminate the operation of those sections on that

661

date; and to repeal section 5124.67 of the Revised

662

Code on July 1, 2018, to terminate the operation

663

of that section on that date.

664

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

Section 101.01. That sections 9.03, 9.15, 9.231, 9.239, 9.24,	665
9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144, 103.63,	666
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	667
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	668
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	669
121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	670
122.171, 122.175, 122.28, 122.30, 122.31, 122.32, 122.33, 122.34,	671
122.35, 122.36, 122.58, 122.657, 122.658, 122.66, 122.67, 122.68,	672
122.69, 122.70, 122.701, 122.76, 122.861, 123.01, 123.10, 123.11,	673
123.201, 123.21, 123.27, 124.11, 124.14, 124.18, 124.30, 124.341,	674
124.381, 124.57, 124.84, 125.05, 125.21, 125.212, 125.28, 125.602,	675
125.603, 125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45,	676
126.46, 126.47, 126.48, 127.14, 127.16, 131.51, 133.01, 133.06,	677
135.143, 135.22, 135.35, 135.61, 135.71, 135.80, 135.81, 135.85,	678
140.01, 140.03, 140.05, 145.01, 145.012, 145.037, 145.22, 149.01,	679
149.12, 149.311, 149.43, 149.431, 149.54, 151.11, 152.09, 153.692,	680
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	681
156.04, 156.05, 166.02, 166.03, 166.04, 166.08, 166.25, 167.03,	682
169.02, 169.05, 169.07, 169.08, 173.03, 173.14, 173.17, 173.19,	683
173.20, 173.21, 173.23, 173.25, 173.26, 173.27, 173.28, 173.39,	684
173.391, 173.392, 173.394, 173.40, 173.401, 173.402, 173.403,	685
173.404, 173.42, 173.43, 173.431, 173.432, 173.434, 173.45,	686
173.47, 173.48, 173.50, 173.501, 173.99, 175.04, 187.10, 191.01,	687
191.02, 191.04, 191.06, 301.28, 305.23, 306.35, 307.07, 307.674,	688
307.86, 309.09, 317.06, 317.08, 317.32, 317.321, 317.36, 321.35,	689
321.44, 323.158, 329.04, 329.051, 329.06, 329.14, 333.01, 333.02,	690
333.03, 333.04, 333.05, 339.02, 339.05, 339.06, 339.07, 340.01,	691
340.011, 340.02, 340.021, 340.03, 340.031, 340.032, 340.04,	692
340.05, 340.07, 340.09, 340.091, 340.10, 340.11, 340.12, 340.13,	693
340.15, 340.16, 341.192, 349.01, 349.04, 351.021, 715.013,	694
715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06, 901.21,	695
901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02, 924.06,	696
927.54, 935.01, 935.03, 935.041, 935.12, 955.01, 955.05, 955.06,	697
955.07, 955.08, 955.09, 955.12, 955.14, 955.201, 956.07, 956.18,	698
959.131, 959.132, 959.99, 991.03, 991.04, 991.06, 1309.521,	699
1321.51, 1321.535, 1321.55, 1322.01, 1322.051, 1327.46, 1327.48,	700
1327.50, 1327.501, 1327.61, 1327.99, 1332.26, 1337.11, 1347.08,	701
1501.011, 1501.45, 1506.21, 1506.30, 1509.01, 1509.02, 1509.062,	702
1509.10, 1509.11, 1509.22, 1509.226, 1509.50, 1511.02, 1511.022,	703
1519.05, 1531.06, 1531.17, 1545.071, 1547.05, 1547.051, 1547.052,	704
1547.06, 1547.542, 1547.99, 1548.02, 1551.33, 1551.35, 1555.15,	705
1711.07, 1721.10, 1724.03, 1739.061, 1751.01, 1751.11, 1751.12,	706
1751.14, 1751.271, 1751.31, 1751.60, 1901.10, 1901.12, 1901.33,	707
1907.14, 1923.14, 2101.08, 2101.24, 2108.05, 2113.041, 2113.06,	708
2117.061, 2117.25, 2133.01, 2133.25, 2151.011, 2151.3514,	709
2151.362, 2151.83, 2151.86, 2152.54, 2152.59, 2301.14, 2301.20,	710
2301.23, 2301.24, 2301.25, 2303.201, 2305.234, 2307.65, 2311.14,	711
2317.02, 2317.422, 2335.09, 2335.11, 2501.16, 2505.02, 2701.03,	712
2701.031, 2743.03, 2743.09, 2743.121, 2743.191, 2743.20, 2743.48,	713
2743.52, 2743.53, 2743.531, 2743.55, 2743.60, 2743.601, 2743.61,	714
2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.67, 2743.68,	715
2743.69, 2743.71, 2744.05, 2901.13, 2901.30, 2903.33, 2907.22,	716
2913.01, 2913.40, 2913.401, 2915.02, 2919.271, 2921.01, 2921.22,	717
2921.36, 2921.38, 2923.126, 2925.03, 2929.15, 2930.01, 2935.03,	718
2935.33, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	719
2951.041, 2953.32, 2967.22, 2981.01, 2981.12, 2981.13, 3101.051,	720
3107.083, 3109.15, 3111.04, 3111.72, 3119.29, 3119.54, 3121.441,	721
3121.89, 3121.891, 3121.892, 3121.893, 3121.898, 3123.958,	722
3125.18, 3125.36, 3301.07, 3301.0711, 3301.0712, 3301.0714,	723
3301.0715, 3301.0723, 3301.0725, 3301.15, 3301.16, 3302.01,	724
3302.03, 3302.032, 3302.20, 3302.21, 3302.22, 3303.41, 3304.11,	725
3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17, 3304.18,	726
3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22, 3304.23,	727
3304.231, 3304.25, 3304.27, 3304.28, 3304.41, 3305.03, 3307.51,	728
3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08,	729
3310.13, 3310.14, 3310.522, 3310.56, 3311.0510, 3311.19, 3311.22,	730
3311.231, 3311.38, 3311.86, 3312.08, 3313.372, 3313.376, 3313.48,	731
3313.483, 3313.484, 3313.488, 3313.4810, 3313.533, 3313.539,	732
3313.60, 3313.603, 3313.6013, 3313.6016, 3313.612, 3313.615,	733
3313.62, 3313.64, 3313.646, 3313.65, 3313.674, 3313.714, 3313.715,	734
3313.82, 3313.83, 3313.841, 3313.843, 3313.844, 3313.845,	735
3313.847, 3313.88, 3313.911, 3313.976, 3313.978, 3313.98,	736
3313.981, 3314.015, 3314.017, 3314.027, 3314.029, 3314.03,	737
3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.083, 3314.084,	738
3314.087, 3314.091, 3314.11, 3314.26, 3314.35, 3315.07, 3315.33,	739
3315.40, 3315.42, 3316.041, 3316.06, 3317.01, 3317.013, 3317.021,	740
3317.023, 3317.0212, 3317.03, 3317.032, 3317.05, 3317.06,	741
3317.063, 3317.08, 3317.10, 3317.14, 3317.18, 3317.19, 3317.20,	742
3317.201, 3317.50, 3317.51, 3318.011, 3318.031, 3318.08, 3318.31,	743
3318.36, 3318.363, 3319.07, 3319.073, 3319.0811, 3319.112,	744
3319.17, 3319.22, 3319.235, 3319.57, 3319.58, 3321.01, 3321.04,	745
3321.05, 3321.13, 3321.14, 3321.15, 3323.021, 3323.03, 3323.04,	746
3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141,	747
3323.142, 3326.07, 3326.08, 3326.11, 3326.31, 3326.32, 3326.33,	748
3326.34, 3326.38, 3326.45, 3327.01, 3327.02, 3327.10, 3333.041,	749
3333.73, 3333.82, 3334.08, 3335.35, 3335.36, 3335.37, 3335.38,	750
3345.05, 3345.06, 3345.12, 3353.01, 3353.02, 3353.03, 3353.04,	751
3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.07, 3365.12,	752
3383.01, 3383.07, 3501.01, 3517.01, 3517.10, 3517.101, 3517.102,	753
3517.103, 3517.153, 3517.154, 3517.155, 3517.20, 3517.992,	754
3599.03, 3599.45, 3701.023, 3701.024, 3701.027, 3701.041, 3701.13,	755
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	756
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78,	757
3701.881, 3701.921, 3701.922, 3701.99, 3702.30, 3702.51, 3702.521,	758
3702.55, 3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511,	759
3709.01, 3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06,	760
3714.03, 3714.07, 3717.08, 3718.06, 3719.61, 3721.01, 3721.011,	761
3721.02, 3721.022, 3721.024, 3721.027, 3721.042, 3721.071,	762
3721.08, 3721.10, 3721.12, 3721.121, 3721.13, 3721.14, 3721.15,	763
3721.16, 3721.17, 3721.19, 3721.50, 3721.51, 3721.511, 3721.512,	764
3721.513, 3721.52, 3721.53, 3721.531, 3721.532, 3721.533, 3721.54,	765
3721.541, 3721.55, 3721.56, 3721.57, 3721.58, 3727.01, 3734.01,	766
3734.02, 3734.28, 3734.57, 3734.901, 3734.907, 3735.58, 3737.02,	767
3737.83, 3737.841, 3737.88, 3737.882, 3742.30, 3742.31, 3742.32,	768
3742.51, 3745.11, 3745.113, 3745.72, 3748.01, 3748.04, 3769.08,	769
3769.087, 3769.088, 3770.02, 3770.06, 3770.21, 3772.03, 3772.062,	770
3772.24, 3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10,	771
3793.11, 3793.12, 3793.13, 3793.14, 3793.15, 3793.16, 3793.18,	772
3793.22, 3793.31, 3793.32, 3793.33, 3793.34, 3793.35, 3793.36,	773
3793.37, 3793.38, 3793.39, 3795.01, 3798.01, 3798.10, 3798.13,	774
3798.14, 3798.15, 3798.16, 3901.3814, 3903.14, 3905.40, 3905.483,	775
3905.862, 3916.06, 3923.24, 3923.241, 3923.281, 3923.443, 3923.49,	776
3923.50, 3923.601, 3923.83, 3924.41, 3924.42, 3963.01, 3963.04,	777
4104.33, 4112.02, 4112.12, 4112.31, 4115.034, 4115.32, 4117.06,	778
4117.14, 4117.15, 4121.44, 4121.441, 4121.50, 4121.69, 4123.32,	779
4123.35, 4123.41, 4123.57, 4123.93, 4131.03, 4141.162, 4141.29,	780
4301.01, 4301.10, 4301.171, 4301.30, 4301.43, 4301.62, 4303.181,	781
4305.131, 4501.01, 4501.21, 4503.03, 4503.0610, 4503.44, 4503.62,	782
4505.02, 4505.09, 4506.07, 4507.01, 4507.06, 4507.51, 4510.038,	783
4510.45, 4511.19, 4511.191, 4511.21, 4511.69, 4511.85, 4513.34,	784
4519.11, 4701.03, 4707.02, 4707.073, 4707.10, 4709.11, 4713.08,	785
4713.44, 4715.22, 4715.36, 4715.372, 4715.39, 4715.64, 4717.03,	786
4717.06, 4717.07, 4717.10, 4717.14, 4717.15, 4719.01, 4723.18,	787
4723.35, 4723.481, 4725.03, 4725.16, 4729.01, 4729.51, 4729.54,	788
4729.69, 4729.77, 4729.78, 4729.79, 4729.80, 4729.81, 4729.99,	789
4730.411, 4731.05, 4731.151, 4731.23, 4731.65, 4731.71, 4732.06,	790
4732.07, 4732.08, 4734.41, 4735.07, 4735.09, 4735.10, 4735.142,	791
4735.56, 4742.01, 4751.01, 4751.02, 4751.03, 4751.04, 4751.041,	792
4751.05, 4751.06, 4751.07, 4751.08, 4751.10, 4751.11, 4751.12,	793
4751.13, 4753.071, 4755.11, 4755.47, 4755.481, 4755.64, 4758.10,	794
4758.11, 4761.01, 4776.01, 4778.02, 4778.03, 4781.121, 4781.28,	795
4781.29, 4906.20, 4955.32, 4955.321, 4955.34, 4955.44, 4955.47,	796
4999.04, 5101.01, 5101.11, 5101.141, 5101.16, 5101.162, 5101.18,	797
5101.181, 5101.183, 5101.184, 5101.26, 5101.271, 5101.272,	798
5101.273, 5101.30, 5101.31, 5101.34, 5101.35, 5101.36, 5101.46,	799
5101.461, 5101.47, 5101.49, 5101.50, 5101.501, 5101.502, 5101.51,	800
5101.511, 5101.512, 5101.513, 5101.516, 5101.517, 5101.519,	801
5101.5110, 5101.52, 5101.521, 5101.522, 5101.524, 5101.527,	802
5101.571, 5101.572, 5101.573, 5101.574, 5101.575, 5101.58,	803
5101.59, 5101.591, 5101.60, 5101.61, 5101.80, 5101.801, 5101.803,	804
5103.02, 5103.0323, 5103.13, 5103.42, 5104.012, 5104.013, 5104.02,	805
5104.021, 5104.03, 5104.08, 5104.11, 5104.12, 5104.32, 5107.10,	806
5107.14, 5107.16, 5107.20, 5107.24, 5107.26, 5107.42, 5107.64,	807
5111.01, 5111.011, 5111.013, 5111.016, 5111.018, 5111.0112,	808
5111.0114, 5111.0116, 5111.0117, 5111.0118, 5111.0119, 5111.02,	809
5111.021, 5111.022, 5111.023, 5111.024, 5111.025, 5111.027,	810
5111.028, 5111.029, 5111.0210, 5111.0211, 5111.0212, 5111.0213,	811
5111.0214, 5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,	812
5111.034, 5111.035, 5111.04, 5111.042, 5111.05, 5111.051,	813
5111.052, 5111.053, 5111.054, 5111.06, 5111.061, 5111.062,	814
5111.063, 5111.07, 5111.071, 5111.08, 5111.081, 5111.082,	815
5111.083, 5111.084, 5111.085, 5111.086, 5111.09, 5111.091,	816
5111.092, 5111.10, 5111.101, 5111.102, 5111.11, 5111.111,	817
5111.112, 5111.113, 5111.114, 5111.12, 5111.121, 5111.13, 5111.14,	818
5111.141, 5111.15, 5111.151, 5111.16, 5111.161, 5111.162,	819
5111.163, 5111.17, 5111.171, 5111.172, 5111.173, 5111.174,	820
5111.175, 5111.177, 5111.178, 5111.179, 5111.1710, 5111.1711,	821
5111.18, 5111.181, 5111.19, 5111.191, 5111.20, 5111.201, 5111.202,	822
5111.203, 5111.204, 5111.21, 5111.212, 5111.22, 5111.221,	823
5111.222, 5111.223, 5111.224, 5111.225, 5111.226, 5111.23,	824
5111.231, 5111.232, 5111.233, 5111.235, 5111.24, 5111.241,	825
5111.242, 5111.244, 5111.245, 5111.246, 5111.25, 5111.251,	826
5111.254, 5111.255, 5111.257, 5111.258, 5111.259, 5111.26,	827
5111.261, 5111.262, 5111.263, 5111.264, 5111.265, 5111.266,	828
5111.27, 5111.271, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31,	829
5111.32, 5111.33, 5111.331, 5111.35, 5111.36, 5111.37, 5111.38,	830
5111.39, 5111.41, 5111.411, 5111.42, 5111.43, 5111.44, 5111.45,	831
5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 5111.51, 5111.511,	832
5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 5111.58,	833
5111.59, 5111.60, 5111.61, 5111.62, 5111.63, 5111.66, 5111.661,	834
5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675,	835
5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683,	836
5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689,	837
5111.70, 5111.701, 5111.702, 5111.703, 5111.704, 5111.705,	838
5111.707, 5111.708, 5111.709, 5111.7011, 5111.71, 5111.711,	839
5111.712, 5111.713, 5111.714, 5111.715, 5111.83, 5111.84, 5111.85,	840
5111.851, 5111.852, 5111.853, 5111.854, 5111.855, 5111.856,	841
5111.86, 5111.861, 5111.862, 5111.863, 5111.864, 5111.865,	842
5111.87, 5111.871, 5111.872, 5111.873, 5111.874, 5111.875,	843
5111.876, 5111.877, 5111.878, 5111.879, 5111.88, 5111.881,	844
5111.882, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889,	845
5111.8810, 5111.89, 5111.891, 5111.892, 5111.894, 5111.90,	846
5111.91, 5111.911, 5111.912, 5111.914, 5111.915, 5111.92, 5111.93,	847
5111.94, 5111.941, 5111.943, 5111.944, 5111.945, 5111.96, 5111.97,	848
5111.98, 5111.981, 5111.982, 5111.99, 5112.01, 5112.03, 5112.04,	849
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,	850
5112.17, 5112.18, 5112.19, 5112.21, 5112.30, 5112.31, 5112.32,	851
5112.33, 5112.331, 5112.34, 5112.341, 5112.35, 5112.37, 5112.371,	852
5112.38, 5112.39, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44,	853
5112.45, 5112.46, 5112.47, 5112.48, 5112.99, 5112.991, 5115.20,	854
5117.10, 5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061,	855
5119.07, 5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11,	856
5119.12, 5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20,	857
5119.201, 5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24,	858
5119.27, 5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36,	859
5119.42, 5119.43, 5119.44, 5119.46, 5119.51, 5119.52, 5119.53,	860
5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,	861
5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99,	862
5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	863
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	864
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	865
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	866
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	867
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	868
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	869
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	870
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	871
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	872
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.043,	873
5126.05, 5126.051, 5126.054, 5126.055, 5139.03, 5139.04, 5139.08,	874
5139.34, 5145.162, 5145.18, 5149.22, 5153.16, 5302.221, 5309.082,	875
5309.68, 5309.86, 5501.311, 5501.312, 5501.73, 5502.011, 5505.12,	876
5507.01, 5507.02, 5507.021, 5507.022, 5507.03, 5507.06, 5507.07,	877
5507.08, 5507.09, 5507.12, 5507.15, 5507.18, 5507.22, 5507.25,	878
5507.26, 5507.27, 5507.32, 5507.34, 5507.40, 5507.42, 5507.44,	879
5507.46, 5507.52, 5507.53, 5507.54, 5507.55, 5507.57, 5507.571,	880
5507.60, 5507.63, 5507.99, 5511.03, 5515.08, 5540.03, 5701.13,	881
5703.052, 5703.053, 5703.059, 5703.19, 5703.21, 5703.37, 5703.50,	882
5703.70, 5703.82, 5705.01, 5705.10, 5705.19, 5705.192, 5705.21,	883
5705.217, 5705.218, 5705.221, 5705.25, 5709.17, 5709.75, 5723.01,	884
5725.18, 5725.33, 5725.34, 5726.20, 5726.52, 5726.54, 5727.26,	885
5727.75, 5727.84, 5727.89, 5728.10, 5729.03, 5729.04, 5729.16,	886
5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.55, 5733.58,	887
5733.98, 5735.012, 5735.12, 5735.142, 5735.27, 5735.34, 5739.01,	888
5739.02, 5739.026, 5739.09, 5739.13, 5741.01, 5741.03, 5741.17,	889
5743.081, 5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022,	890
5747.025, 5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13,	891
5747.21, 5747.22, 5747.47, 5747.501, 5747.76, 5747.98, 5748.01,	892
5749.02, 5749.06, 5749.07, 5749.17, 5751.01, 5751.02, 5751.051,	893
5751.07, 5751.081, 5751.09, 5751.20, 5751.21, 5751.98, 5753.03,	894
5753.07, 5815.28, 5902.02, 5905.02, 5910.02, 5910.07, 5919.34,	895
5924.502, 5924.503, 5924.504, 5924.506, 6109.21, and 6111.037 be	896
amended; sections 173.394 (173.38), 173.40 (173.52), 173.401	897
(173.521), 173.402 (173.524), 173.403 (173.53), 173.404 (173.55),	898
3304.14 (3304.15), 3304.15 (3304.16), 3304.16 (3304.14), 3304.23	899
(3335.60), 3304.231 (3335.61), 3313.847 (3317.30), 3333.90	900
(3333.59), 3383.01 (123.28), 3383.07 (123.281), 3701.041 (124.88),	901
3721.50 (5168.40), 3721.51 (5168.42), 3721.511 (5168.43), 3721.512	902
(5168.44), 3721.513 (5168.45), 3721.52 (5168.46), 3721.53	903
(5168.47), 3721.531 (5168.48), 3721.532 (5168.49), 3721.533	904
(5168.50), 3721.54 (5168.51), 3721.541 (5168.52), 3721.55	905
(5168.53), 3721.56 (5168.54), 3721.57 (5168.55), 3721.58	906
(5168.56), 3737.883 (3737.884), 3793.01 (5119.01), 3793.031	907
(5119.201), 3793.032 (5119.47), 3793.051 (5119.161), 3793.10	908
(5119.38), 3793.11 (5119.39), 3793.12 (5119.61), 3793.13	909
(5119.27), 3793.14 (5119.26), 3793.15 (5119.17), 3793.16	910
(5119.188), 3793.18 (5119.30), 3793.22 (5119.49), 3793.31	911
(5119.90), 3793.32 (5119.91), 3793.33 (5119.92), 3793.34	912
(5119.93), 3793.35 (5119.94), 3793.36 (5119.95), 3793.37	913
(5119.96), 3793.38 (5119.97), 3793.39 (5119.98), 5101.271	914
(5160.45), 5101.31 (5164.756), 5101.50 (5161.05), 5101.501	915
(5161.06), 5101.502 (5161.02), 5101.51 (5161.10), 5101.511	916
(5161.11), 5101.5110 (5161.35), 5101.512 (5161.12), 5101.513	917
(5161.30), 5101.516 (5161.22), 5101.517 (5161.24), 5101.519	918
(5161.27), 5101.52 (5161.15), 5101.521 (5161.16), 5101.522	919
(5161.17), 5101.524 (5161.20), 5101.527 (5161.25), 5101.571	920
(5160.35), 5101.572 (5160.39), 5101.573 (5160.40), 5101.574	921
(5160.41), 5101.575 (5160.42), 5101.58 (5160.37), 5101.59	922
(5160.38), 5101.591 (5160.43), 5111.01 (5162.03), 5111.011	923
(5163.02), 5111.013 (5163.40), 5111.016 (5164.26), 5111.018	924
(5164.07), 5111.0112 (5162.20), 5111.0114 (5164.754), 5111.0116	925
(5163.30), 5111.0117 (5163.31), 5111.0118 (5163.32), 5111.0119	926
(5163.45), 5111.02 (5164.02), 5111.021 (5164.70), 5111.022	927
(5164.56), 5111.023 (5164.15), 5111.024 (5164.08), 5111.025	928
(5164.76), 5111.027 (5164.20), 5111.028 (5164.32), 5111.029	929
(5164.06), 5111.0210 (5164.92), 5111.0211 (5165.48), 5111.0212	930
(5164.80), 5111.0213 (5164.77), 5111.0214 (5164.82), 5111.0215	931
(5164.93), 5111.03 (5164.35), 5111.031 (5164.37), 5111.032	932
(5164.34), 5111.033 (5164.342), 5111.034 (5164.341), 5111.035	933
(5164.36), 5111.04 (5164.05), 5111.042 (5164.25), 5111.05	934
(5164.45), 5111.051 (5164.48), 5111.052 (5164.46), 5111.053	935
(5164.301), 5111.054 (5164.47), 5111.06 (5164.38), 5111.061	936
(5164.57), 5111.062 (5164.39), 5111.063 (5164.31), 5111.07	937
(5164.752), 5111.071 (5164.753), 5111.08 (5164.759), 5111.081	938
(5164.755), 5111.082 (5164.751), 5111.083 (5164.757), 5111.084	939
(5164.7510), 5111.085 (5164.758), 5111.086 (5164.75), 5111.09	940
(5162.13), 5111.091 (5162.131), 5111.092 (5162.132), 5111.10	941
(5162.10), 5111.101 (5162.15), 5111.102 (5162.04), 5111.11	942
(5162.21), 5111.111 (5162.211), 5111.112 (5162.212), 5111.113	943
(5162.22), 5111.114 (5163.33), 5111.12 (5162.23), 5111.121	944
(5162.24), 5111.13 (5164.85), 5111.14 (5164.88), 5111.141	945
(5164.89), 5111.15 (5163.20), 5111.151 (5163.21), 5111.16	946
(5167.03), 5111.161 (5167.031), 5111.162 (5167.20), 5111.163	947
(5167.201), 5111.17 (5167.10), 5111.171 (5167.31), 5111.172	948
(5167.12), 5111.173 (5167.40), 5111.174 (5167.41), 5111.175	949
(5167.26), 5111.177 (5167.11), 5111.178 (5167.25), 5111.179	950
(5167.13), 5111.1710 (5167.14), 5111.1711 (5167.30), 5111.18	951
(5164.86), 5111.181 (5163.22), 5111.19 (5164.74), 5111.191	952
(5164.741), 5111.20 (5165.01), 5111.201 (5165.011), 5111.202	953
(5165.03), 5111.203 (5165.031), 5111.204 (5165.04), 5111.21	954
(5165.06), 5111.212 (5165.35), 5111.22 (5165.07), 5111.221	955
(5165.37), 5111.222 (5165.15), 5111.223 (5165.071), 5111.224	956
(5124.15), 5111.225 (5165.155), 5111.226 (5124.02), 5111.23	957
(5124.19), 5111.231 (5165.19), 5111.232 (5165.192), 5111.233	958
(5124.194), 5111.235 (5124.23), 5111.24 (5165.16), 5111.241	959
(5124.21), 5111.242 (5165.21), 5111.244 (5165.25), 5111.245	960
(5165.26), 5111.246 (5165.23), 5111.25 (5165.17), 5111.251	961
(5124.17), 5111.254 (5165.151), 5111.255 (5124.151), 5111.257	962
(5165.28), 5111.258 (5165.153), 5111.259 (5165.156), 5111.26	963
(5165.10), 5111.261 (5165.107), 5111.262 (5165.47), 5111.263	964
(5124.29), 5111.264 (5165.30), 5111.265 (5165.29), 5111.266	965
(5165.101), 5111.27 (5165.108), 5111.271 (5165.1010), 5111.28	966
(5165.40), 5111.29 (5165.38), 5111.291 (5124.154), 5111.30	967
(5165.073), 5111.31 (5165.08), 5111.32 (5165.081), 5111.33	968
(5124.34), 5111.331 (5165.34), 5111.35 (5165.60), 5111.36	969
(5165.61), 5111.37 (5165.62), 5111.38 (5165.63), 5111.39	970
(5165.64), 5111.40 (5165.65), 5111.41 (5165.66), 5111.411	971
(5165.67), 5111.42 (5165.68), 5111.43 (5165.69), 5111.44	972
(5165.70), 5111.45 (5165.71), 5111.46 (5165.72), 5111.47	973
(5165.73), 5111.48 (5165.74), 5111.49 (5165.75), 5111.50	974
(5165.76), 5111.51 (5165.77), 5111.511 (5165.78), 5111.52	975
(5165.79), 5111.53 (5165.80), 5111.54 (5165.81), 5111.55	976
(5165.82), 5111.56 (5165.83), 5111.57 (5165.84), 5111.58	977
(5165.85), 5111.59 (5165.86), 5111.60 (5165.87), 5111.61	978
(5165.88), 5111.62 (5162.66), 5111.63 (5165.89), 5111.66	979
(5165.50), 5111.661 (5165.501), 5111.67 (5165.51), 5111.671	980
(5165.511), 5111.672 (5165.512), 5111.673 (5165.513), 5111.674	981
(5165.514), 5111.675 (5165.515), 5111.676 (5165.516), 5111.677	982
(5165.517), 5111.68 (5165.52), 5111.681 (5165.521), 5111.682	983
(5165.522), 5111.683 (5165.523), 5111.684 (5165.524), 5111.685	984
(5165.525), 5111.686 (5165.526), 5111.687 (5165.527), 5111.688	985
(5165.528), 5111.689 (5165.53), 5111.70 (5163.09), 5111.701	986
(5163.091), 5111.702 (5163.092), 5111.703 (5163.093), 5111.704	987
(5163.094), 5111.705 (5163.095), 5111.706 (5163.096), 5111.707	988
(5163.097), 5111.708 (5163.098), 5111.709 (5163.099), 5111.7011	989
(5163.0910), 5111.71 (5162.36), 5111.711 (5162.361), 5111.712	990
(5162.362), 5111.713 (5162.363), 5111.714 (5162.64), 5111.715	991
(5162.364), 5111.83 (5162.30), 5111.84 (5166.03), 5111.85	992
(5166.02), 5111.851 (5166.04), 5111.852 (5166.05), 5111.853	993
(5166.06), 5111.854 (5166.07), 5111.855 (5166.08), 5111.856	994
(5166.10), 5111.86 (5166.11), 5111.861 (5166.12), 5111.862	995
(5166.121), 5111.863 (5166.13), 5111.864 (5166.14), 5111.865	996
(5166.141), 5111.87 (5166.20), 5111.871 (5166.21), 5111.872	997
(5166.22), 5111.873 (5166.23), 5111.874 (5124.60), 5111.875	998
(5124.61), 5111.876 (5124.62), 5111.877 (5124.63), 5111.878	999
(5124.64), 5111.879 (5124.65), 5111.88 (5166.30), 5111.881	1000
(5166.301), 5111.882 (5166.302), 5111.883 (5166.303), 5111.884	1001
(5166.304), 5111.885 (5166.305), 5111.886 (5166.306), 5111.887	1002
(5166.307), 5111.888 (5166.308), 5111.889 (5166.309), 5111.8810	1003
(5166.3010), 5111.89 (173.54), 5111.891 (173.541), 5111.892	1004
(173.544), 5111.893 (173.547), 5111.894 (173.542), 5111.90	1005
(5162.32), 5111.91 (5162.35), 5111.911 (5162.37), 5111.912	1006
(5162.371), 5111.914 (5164.58), 5111.915 (5162.11), 5111.92	1007
(5162.40), 5111.93 (5162.41), 5111.94 (5162.54), 5111.941	1008
(5162.52), 5111.943 (5162.50), 5111.944 (5162.58), 5111.945	1009
(5162.56), 5111.96 (5164.90), 5111.97 (5166.35), 5111.98	1010
(5162.031), 5111.981 (5164.91), 5111.982 (5167.21), 5111.99	1011
(5165.99), 5112.01 (5168.01), 5112.03 (5168.02), 5112.04	1012
(5168.05), 5112.05 (5168.03), 5112.06 (5168.06), 5112.07	1013
(5168.07), 5112.08 (5168.09), 5112.09 (5168.08), 5112.10	1014
(5168.04), 5112.11 (5168.10), 5112.17 (5168.14), 5112.18	1015
(5168.11), 5112.19 (5168.12), 5112.21 (5168.13), 5112.30	1016
(5168.60), 5112.31 (5168.61), 5112.32 (5168.62), 5112.33	1017
(5168.63), 5112.331 (5168.64), 5112.34 (5168.65), 5112.341	1018
(5168.66), 5112.35 (5168.67), 5112.37 (5168.68), 5112.371	1019
(5168.69), 5112.38 (5168.70), 5112.39 (5168.71), 5112.40	1020
(5168.20), 5112.41 (5168.21), 5112.42 (5168.22), 5112.43	1021
(5168.23), 5112.44 (5168.24), 5112.45 (5168.25), 5112.46	1022
(5168.26), 5112.47 (5168.27), 5112.48 (5168.28), 5112.99	1023
(5168.99), 5112.991 (5168.991), 5119.01 (5119.10), 5119.012	1024
(5119.141), 5119.02 (5119.14), 5119.06 (5119.21), 5119.061	1025
(5119.40), 5119.07 (5119.11), 5119.071 (5119.18), 5119.072	1026
(5119.181), 5119.08 (5119.182), 5119.10 (5119.184), 5119.101	1027
(5119.185), 5119.11 (5119.186), 5119.12 (5119.187), 5119.14	1028
(5119.08), 5119.16 (5119.44), 5119.161 (5119.45), 5119.17	1029
(5119.51), 5119.18 (5119.46), 5119.20 (5119.33), 5119.201	1030
(5119.331), 5119.202 (5119.332), 5119.21 (5119.333), 5119.22	1031
(5119.34), 5119.221 (5119.342), 5119.23 (5119.31), 5119.24	1032
(5119.15), 5119.27 (5119.05), 5119.30 (5119.09), 5119.33	1033
(5119.54), 5119.34 (5119.50), 5119.35 (5119.56), 5119.351	1034
(5119.55), 5119.36 (5119.52), 5119.42 (5119.07), 5119.43	1035
(5119.06), 5119.44 (5119.051), 5119.46 (5119.60), 5119.50	1036
(5119.70), 5119.51 (5119.71), 5119.52 (5119.72), 5119.53	1037
(5119.73), 5119.57 (5119.29), 5119.60 (5119.32), 5119.61	1038
(5119.22), 5119.611 (5119.36), 5119.612 (5119.37), 5119.613	1039
(5119.361), 5119.62 (5119.23), 5119.621 (5119.24), 5119.622	1040
(5119.25), 5119.63 (5119.42), 5119.631 (5119.421), 5119.69	1041
(5119.41), 5119.691 (5119.411), 5507.01 (128.01), 5507.02	1042
(128.02), 5507.021 (128.021), 5507.022 (128.022), 5507.03	1043
(128.03), 5507.06 (128.06), 5507.07 (128.07), 5507.08 (128.08),	1044
5507.09 (128.09), 5507.12 (128.12), 5507.15 (128.15), 5507.18	1045
(128.18), 5507.22 (128.22), 5507.25 (128.25), 5507.26 (128.26),	1046
5507.27 (128.27), 5507.32 (128.32), 5507.34 (128.34), 5507.40	1047
(128.40), 5507.42 (128.42), 5507.44 (128.44), 5507.46 (128.46),	1048
5507.52 (128.52), 5507.53 (128.53), 5507.54 (128.54), 5507.55	1049
(128.55), 5507.57 (128.57), 5507.571 (128.571), 5507.60 (128.60),	1050
5507.63 (128.63), and 5507.99 (128.99) be amended for the purpose	1051
of adopting new section numbers as indicated in parentheses; new	1052
sections 1901.121, 3313.481, 3317.014, 3317.02, 3317.022,	1053
3317.0217, 3317.051, 3317.16, 3326.39, 3345.81, and 3737.883 and	1054
sections 1.611, 101.392, 103.0521, 103.83, 121.483, 122.681,	1055
123.19, 125.27, 125.833, 126.211, 149.307, 173.51, 173.522,	1056
173.523, 173.525, 173.543, 173.545, 173.546, 173.56, 340.08,	1057
353.01, 353.02, 353.03, 353.04, 353.05, 353.06, 353.07, 353.08,	1058
353.09, 353.10, 353.11, 353.12, 353.13, 353.14, 353.15, 353.16,	1059
511.261, 517.271, 721.29, 743.50, 903.30, 955.121, 991.041,	1060
1327.502, 1509.074, 1509.16, 1541.50, 1545.23, 1547.532, 1901.122,	1061
1901.123, 1907.141, 1907.142, 1907.143, 2101.026, 2301.19,	1062
2329.192, 2743.041, 3302.035, 3302.26, 3310.032, 3310.035,	1063
3313.5311, 3313.5312, 3313.6018, 3313.6019, 3313.848, 3313.849,	1064
3314.042, 3314.082, 3314.086, 3314.092, 3314.261, 3314.29,	1065
3317.016, 3317.017, 3317.0213, 3317.0214, 3317.161, 3317.25,	1066
3317.40, 3319.031, 3319.0812, 3325.13, 3325.14, 3326.112, 3326.40,	1067
3327.07, 3328.27, 3333.049, 3333.124, 3333.342, 3333.613, 3337.16,	1068
3345.48, 3350.15, 3365.022, 3701.033, 3701.138, 3701.94, 3701.941,	1069
3701.942, 3701.943, 3701.944, 3701.96, 3701.98, 3702.302,	1070
3702.303, 3702.304, 3702.305, 3702.306, 3702.307, 3702.308,	1071
3714.074, 3734.125, 3735.661, 3772.36, 4123.322, 4503.524,	1072
4503.526, 4503.732, 4503.95, 4503.96, 4713.641, 4729.542,	1073
4731.299, 4751.042, 4783.01, 4783.02, 4783.03, 4783.04, 4783.05,	1074
4783.09, 4783.10, 4783.11, 4783.12, 4783.13, 4783.99, 4906.201,	1075
4909.157, 4955.322, 5101.101, 5101.804, 5119.28, 5119.341,	1076
5123.023, 5124.01, 5124.03, 5124.05, 5124.06, 5124.07, 5124.071,	1077
5124.072, 5124.08, 5124.081, 5124.10, 5124.101, 5124.102,	1078
5124.103, 5124.104, 5124.105, 5124.106, 5124.107, 5124.108,	1079
5124.109, 5124.152, 5124.153, 5124.191, 5124.192, 5124.193,	1080
5124.25, 5124.28, 5124.30, 5124.31, 5124.32, 5124.33, 5124.35,	1081
5124.37, 5124.38, 5124.40, 5124.41, 5124.42, 5124.43, 5124.44,	1082
5124.45, 5124.46, 5124.50, 5124.51, 5124.511, 5124.512, 5124.513,	1083
5124.514, 5124.515, 5124.516, 5124.517, 5124.52, 5124.521,	1084
5124.522, 5124.523, 5124.524, 5124.525, 5124.526, 5124.527,	1085
5124.528, 5124.53, 5124.67, 5124.99, 5126.131, 5160.01, 5160.011,	1086
5160.02, 5160.021, 5160.03, 5160.04, 5160.05, 5160.051, 5160.052,	1087
5160.06, 5160.10, 5160.11, 5160.12, 5160.13, 5160.16, 5160.20,	1088
5160.21, 5160.22, 5160.23, 5160.30, 5160.31, 5160.371, 5160.46,	1089
5160.47, 5160.48, 5160.481, 5160.50, 5160.52, 5160.99, 5161.01,	1090
5162.01, 5162.02, 5162.021, 5162.022, 5162.05, 5162.06, 5162.07,	1091
5162.12, 5162.31, 5162.60, 5162.62, 5163.01, 5163.03, 5163.04,	1092
5163.05, 5163.06, 5163.061, 5163.08, 5164.01, 5164.03, 5164.30,	1093
5164.33, 5164.55, 5164.59, 5164.60, 5164.61, 5164.71, 5164.72,	1094
5164.73, 5164.78, 5164.881, 5164.911, 5165.02, 5165.072, 5165.082,	1095
5165.102, 5165.103, 5165.104, 5165.105, 5165.106, 5165.109,	1096
5165.152, 5165.154, 5165.191, 5165.193, 5165.32, 5165.33, 5165.41,	1097
5165.42, 5165.43, 5165.44, 5165.45, 5165.46, 5165.49, 5165.771,	1098
5166.01, 5166.16, 5167.01, 5167.02, 5168.41, 5540.18, 5703.75,	1099
5703.76, 5705.55, 5735.013, 5736.01, 5736.02, 5736.03, 5736.04,	1100
5736.05, 5736.06, 5736.07, 5736.08, 5736.081, 5736.09, 5736.10,	1101
5736.11, 5736.12, 5736.13, 5736.14, 5736.99, 5741.032, 5751.55,	1102
5910.08, 5919.342, and 6133.041 of the Revised Code be enacted to	1103
read as follows:	1104

Sec. 1.611. As used in the Revised Code, "OSU extension"	1105
means the cooperative extension service that was established by	1106
the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq.,	1107
and is administered in this state by the Ohio state university.	1108

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

1109

(1) "Political subdivision" means any body corporate and	1110
politic, except a municipal corporation that has adopted a charter	1111
under Section 7 of Article XVIII, Ohio Constitution, and except a	1112
county that has adopted a charter under Sections 3 and 4 of	1113
Article X, Ohio Constitution, to which both of the following	1114
apply:	1115

(a) It is responsible for governmental activities only in a	1116
geographic area smaller than the state.	1117

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

1118

(2) "Cigarettes" and "tobacco product" have the same meanings	1119
as in section 5743.01 of the Revised Code.	1120

(3) "Transaction" has the same meaning as in section 1315.51	1121
of the Revised Code.	1122

(4) "Campaign committee," "campaign fund," "candidate,"	1123
"legislative campaign fund," "political action committee,"	1124
"political committee," "political party," and "separate segregated	1125
fund" have the same meanings as in section 3517.01 of the Revised	1126
Code.	1127

(B) Except as otherwise provided in division (C) of this	1128
section, the governing body of a political subdivision may use	1129
public funds to publish and distribute newsletters, or to use any	1130
other means, to communicate information about the plans, policies,	1131
and operations of the political subdivision to members of the	1132
public within the political subdivision and to other persons who	1133
may be affected by the political subdivision.	1134

(C) Except as otherwise provided in division (A)(7) of	1135
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1136
Revised Code, no governing body of a political subdivision shall	1137
use public funds to do any of the following:	1138

(1) Publish, distribute, or otherwise communicate information	1139
that does any of the following:	1140

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

1141

(b) Promotes alcoholic beverages, cigarettes or other tobacco	1142
products, or any illegal product, service, or activity;	1143

(c) Promotes illegal discrimination on the basis of race,	1144
color, religion, national origin, handicap, age, or ancestry;	1145

(d) Supports or opposes any labor organization or any action	1146
by, on behalf of, or against any labor organization;	1147

(e) Supports or opposes the nomination or election of a	1148
candidate for public office, the investigation, prosecution, or	1149
recall of a public official, or the passage of a levy or bond	1150
issue.	1151

(2) Compensate any employee of the political subdivision for	1152
time spent on any activity to influence the outcome of an election	1153
for any of the purposes described in division (C)(1)(e) of this	1154
section. Division (C)(2) of this section does not prohibit the use	1155
of public funds to compensate an employee of a political	1156
subdivision for attending a public meeting to present information	1157
about the political subdivision's finances, activities, and	1158
governmental actions in a manner that is not designed to influence	1159
the outcome of an election or the passage of a levy or bond issue,	1160
even though the election, levy, or bond issue is discussed or	1161
debated at the meeting.	1162

(D) Except as otherwise provided in division (A)(7) of	1163
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1164
Revised Code or in division (E) of this section, no person shall	1165
knowingly conduct a direct or indirect transaction of public funds	1166
to the benefit of any of the following:	1167

(1) A campaign committee;

1168

(2) A political action committee;

1169

(3) A legislative campaign fund;

1170

(4) A political party;

1171

(5) A campaign fund;

1172

(6) A political committee;

1173

(7) A separate segregated fund;

1174

(8) A candidate.

1175

(E) Division (D) of this section does not prohibit the	1176
utilization of any person's own time to speak in support of or in	1177
opposition to any candidate, recall, referendum, levy, or bond	1178
issue unless prohibited by any other section of the Revised Code.	1179

(F) Nothing in this section prohibits or restricts any	1180
political subdivision from sponsoring, participating in, or doing	1181
any of the following:	1182

(1) Charitable or public service advertising that is not	1183
commercial in nature;	1184

(2) Advertising of exhibitions, performances, programs,	1185
products, or services that are provided by employees of a	1186
political subdivision or are provided at or through premises owned	1187
or operated by a political subdivision;	1188

(3) Licensing an interest in a name or mark that is owned or	1189
controlled by the political subdivision.	1190

(G) Whoever violates division (D) of this section shall be	1191
punished as provided in section 3599.40 of the Revised Code.	1192

Sec. 9.15. When the body of a dead person is found in a	1193
township or municipal corporation, and such person was not an	1194
inmate of a correctional, benevolent, or charitable institution of	1195
this state, and the body is not claimed by any person for private	1196
interment or cremation at the person's own expense, or delivered	1197
for the purpose of medical or surgical study or dissection in	1198
accordance with section 1713.34 of the Revised Code, it shall be	1199
disposed of as follows:	1200

(A) If the person was a legal resident of the county, the	1201
proper officers of the township or municipal corporation in which	1202
the person's body was found shall cause it to be buried or	1203
cremated at the expense of the township or municipal corporation	1204
in which the person had a legal residence at the time of death.	1205

(B) If the person had a legal residence in any other county	1206
of the state at the time of death, the superintendent of the	1207
county home of the county in which such body was found shall cause	1208
it to be buried or cremated at the expense of the township or	1209
municipal corporation in which the person had a legal residence at	1210
the time of death.	1211

(C) If the person was an inmate of a correctional institution	1212
of the county or a patient or resident of a benevolent institution	1213
of the county, the person had no legal residence in the state, or	1214
the person's legal residence is unknown, the superintendent shall	1215
cause the person to be buried or cremated at the expense of the	1216
county.	1217

Such officials shall provide, at the grave of the person or,	1218
if the person's cremated remains are buried, at the grave of the	1219
person's cremated remains, a metal, stone, or concrete marker on	1220
which the person's name and age, if known, and date of death shall	1221
be inscribed.	1222

A political subdivision is not relieved of its duty to bury	1223
or cremate a person at its expense under this section when the	1224
body is claimed by an indigent person. As used in this section,	1225
"indigent person" means a person whose income does not exceed one	1226
hundred fifty per cent of the federal poverty line, as revised	1227
annually by the United States department of health and human	1228
services in accordance with section 673(2) of the "Omnibus Budget	1229
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	1230
amended, for a family size equal to the size of the person's	1231
family.	1232

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1233
this section, a governmental entity shall not disburse money	1234
totaling twenty-five thousand dollars or more to any person for	1235
the provision of services for the primary benefit of individuals	1236
or the public and not for the primary benefit of a governmental	1237
entity or the employees of a governmental entity, unless the	1238
contracting authority of the governmental entity first enters into	1239
a written contract with the person that is signed by the person or	1240
by an officer or agent of the person authorized to legally bind	1241
the person and that embodies all of the requirements and	1242
conditions set forth in sections 9.23 to 9.236 of the Revised	1243
Code. If the disbursement of money occurs over the course of a	1244
governmental entity's fiscal year, rather than in a lump sum, the	1245
contracting authority of the governmental entity shall enter into	1246
the written contract with the person at the point during the	1247
governmental entity's fiscal year that at least seventy-five	1248
thousand dollars has been disbursed by the governmental entity to	1249
the person. Thereafter, the contracting authority of the	1250
governmental entity shall enter into the written contract with the	1251
person at the beginning of the governmental entity's fiscal year,	1252
if, during the immediately preceding fiscal year, the governmental	1253
entity disbursed to that person an aggregate amount totaling at	1254
least seventy-five thousand dollars.	1255

(2) If the money referred to in division (A)(1) of this	1256
section is disbursed by or through more than one state agency to	1257
the person for the provision of services to the same population,	1258
the contracting authorities of those agencies shall determine	1259
which one of them will enter into the written contract with the	1260
person.	1261

(3) The requirements and conditions set forth in divisions	1262
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1263
and (B) of section 9.234, divisions (A)(2) and (B) of section	1264
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1265
apply with respect to the following:	1266

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

1267

(i) The amount received for the services is a set fee for	1268
each time the services are provided, is determined in accordance	1269
with a fixed rate per unit of time or per service, or is a	1270
capitated rate, and the fee or rate is established by competitive	1271
bidding or by a market rate survey of similar services provided in	1272
a defined market area. The market rate survey may be one conducted	1273
by or on behalf of the governmental entity or an independent	1274
survey accepted by the governmental entity as statistically valid	1275
and reliable.	1276

(ii) The services are provided in accordance with standards	1277
established by state or federal law, or by rules or regulations	1278
adopted thereunder, for their delivery, which standards are	1279
enforced by the federal government, a governmental entity, or an	1280
accrediting organization recognized by the federal government or a	1281
governmental entity.	1282

(iii) Payment for the services is made after the services are	1283
delivered and upon submission to the governmental entity of an	1284
invoice or other claim for payment as required by any applicable	1285
local, state, or federal law or, if no such law applies, by the	1286
terms of the contract.	1287

(b) Contracts under which the services are reimbursed through	1288
or in a manner consistent with a federal program that meets all of	1289
the following requirements:	1290

(i) The program calculates the reimbursement rate on the	1291
basis of the previous year's experience or in accordance with an	1292
alternative method set forth in rules adopted by the Ohio	1293
department of job and family services.	1294

(ii) The reimbursement rate is derived from a breakdown of	1295
direct and indirect costs.	1296

(iii) The program's guidelines describe types of expenditures	1297
that are allowable and not allowable under the program and	1298
delineate which costs are acceptable as direct costs for purposes	1299
of calculating the reimbursement rate.	1300

(iv) The program includes a uniform cost reporting system	1301
with specific audit requirements.	1302

(c) Contracts under which the services are reimbursed through	1303
or in a manner consistent with a federal program that calculates	1304
the reimbursement rate on a fee for service basis in compliance	1305
with United States office of management and budget Circular A-87,	1306
as revised May 10, 2004.	1307

(d) Contracts for services that are paid pursuant to the	1308
earmarking of an appropriation made by the general assembly for	1309
that purpose.	1310

(B) Division (A) of this section does not apply if the money	1311
is disbursed to a person pursuant to a contract with the United	1312
States or a governmental entity under any of the following	1313
circumstances:	1314

(1) The person receives the money directly or indirectly from	1315
the United States, and no governmental entity exercises any	1316
oversight or control over the use of the money.	1317

(2) The person receives the money solely in return for the	1318
performance of one or more of the following types of services:	1319

(a) Medical, therapeutic, or other health-related services	1320
provided by a person if the amount received is a set fee for each	1321
time the person provides the services, is determined in accordance	1322
with a fixed rate per unit of time, or is a capitated rate, and	1323
the fee or rate is reasonable and customary in the person's trade	1324
or profession;	1325

(b) Medicaid-funded services, including administrative and	1326
management services, provided pursuant to a contract or medicaid	1327
provider agreement that meets the requirements of the medicaid	1328
program ~~established under Chapter 5111. of the Revised Code~~.	1329

(c) Services, other than administrative or management	1330
services or any of the services described in division (B)(2)(a) or	1331
(b) of this section, that are commonly purchased by the public at	1332
an hourly rate or at a set fee for each time the services are	1333
provided, unless the services are performed for the benefit of	1334
children, persons who are eligible for the services by reason of	1335
advanced age, medical condition, or financial need, or persons who	1336
are confined in a detention facility as defined in section 2921.01	1337
of the Revised Code, and the services are intended to help promote	1338
the health, safety, or welfare of those children or persons;	1339

(d) Educational services provided by a school to children	1340
eligible to attend that school. For purposes of division (B)(2)(d)	1341
of this section, "school" means any school operated by a school	1342
district board of education, any community school established	1343
under Chapter 3314. of the Revised Code, or any nonpublic school	1344
for which the state board of education prescribes minimum	1345
education standards under section 3301.07 of the Revised Code.	1346

(e) Services provided by a foster home as defined in section	1347
5103.02 of the Revised Code;	1348

(f) "Routine business services other than administrative or	1349
management services," as that term is defined by the attorney	1350
general by rule adopted in accordance with Chapter 119. of the	1351
Revised Code;	1352

(g) Services to protect the environment or promote	1353
environmental education that are provided by a nonprofit entity or	1354
services to protect the environment that are funded with federal	1355
grants or revolving loan funds and administered in accordance with	1356
federal law.	1357

(3) The person receives the money solely in return for the	1358
performance of services intended to help preserve public health or	1359
safety under circumstances requiring immediate action as a result	1360
of a natural or man-made emergency.	1361

(C) With respect to an unincorporated nonprofit association,	1362
corporation, or organization established for the purpose of	1363
providing educational, technical, consulting, training, financial,	1364
or other services to its members in exchange for membership dues	1365
and other fees, any of the services provided to a member that is a	1366
governmental entity shall, for purposes of this section, be	1367
considered services "for the primary benefit of a governmental	1368
entity or the employees of a governmental entity."	1369

Sec. 9.239. (A) There is hereby created the government	1370
contracting advisory council. The attorney general and auditor of	1371
state shall consult with the council on the performance of their	1372
rule-making functions under sections 9.237 and 9.238 of the	1373
Revised Code and shall consider any recommendations of the	1374
council. The medicaid director ~~of job and family services~~ shall	1375
annually report to the council the cost methodology of the	1376
medicaid-funded services described in division (A)(3)(d) of	1377
section 9.231 of the Revised Code. The council shall consist of	1378
the following members or their designees:	1379

(1) The attorney general;

1380

(2) The auditor of state;

1381

(3) The director of administrative services;

1382

(4) The director of aging;

1383

(5) ~~The director of alcohol and drug addiction services~~The	1384
medicaid director;	1385

(6) The director of budget and management;

1386

(7) The director of development services;

1387

(8) The director of job and family services;

1388

(9) The director of ~~mental health~~mental health and addiction	1389
services;	1390

(10) The director of developmental disabilities;

1391

(11) The director of rehabilitation and correction;

1392

(12) The administrator of workers' compensation;

1393

(13) The executive director of the county commissioners'	1394
association of Ohio;	1395

(14) The president of the Ohio grantmakers forum;

1396

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

1397

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

1398

(17) The president of the Ohio society of certified public	1399
accountants;	1400

(18) The executive director of the Ohio association of	1401
nonprofit organizations;	1402

(19) The president of the Ohio united way;

1403

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

1404

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

1405

(B) If an agency or organization represented on the council	1406
ceases to exist in the form it has on September 29, 2005, the	1407
successor agency or organization shall be represented in its	1408
place. If there is no successor agency or organization, or if it	1409
is not clear what agency or organization is the successor, the	1410
attorney general shall designate an agency or organization to be	1411
represented in place of the agency or organization originally	1412
represented on the council.	1413

(C) The two members appointed to the council shall serve	1414
three-year terms. Original appointments shall be made not later	1415
than sixty days after September 29, 2005. Vacancies on the council	1416
shall be filled in the same manner as the original appointment.	1417

(D) The attorney general or the attorney general's designee	1418
shall be the chairperson of the council. The council shall meet at	1419
least once every two years to review the rules adopted under	1420
sections 9.237 and 9.238 of the Revised Code and to make	1421
recommendations to the attorney general and auditor of state	1422
regarding the adoption, amendment, or repeal of those rules. The	1423
council shall also meet at other times as requested by the	1424
attorney general or auditor of state.	1425

(E) Members of the council shall serve without compensation	1426
or reimbursement.	1427

(F) The office of the attorney general shall provide	1428
necessary staff, facilities, supplies, and services to the	1429
council.	1430

(G) Sections 101.82 to 101.87 of the Revised Code do not	1431
apply to the council.	1432

Sec. 9.24. (A) Except as may be allowed under division (F) of	1433
this section, no state agency and no political subdivision shall	1434
award a contract as described in division (G)(1) of this section	1435
for goods, services, or construction, paid for in whole or in part	1436
with state funds, to a person against whom a finding for recovery	1437
has been issued by the auditor of state on and after January 1,	1438
2001, if the finding for recovery is unresolved.	1439

A contract is considered to be awarded when it is entered	1440
into or executed, irrespective of whether the parties to the	1441
contract have exchanged any money.	1442

(B) For purposes of this section, a finding for recovery is	1443
unresolved unless one of the following criteria applies:	1444

(1) The money identified in the finding for recovery is paid	1445
in full to the state agency or political subdivision to whom the	1446
money was owed;	1447

(2) The debtor has entered into a repayment plan that is	1448
approved by the attorney general and the state agency or political	1449
subdivision to whom the money identified in the finding for	1450
recovery is owed. A repayment plan may include a provision	1451
permitting a state agency or political subdivision to withhold	1452
payment to a debtor for goods, services, or construction provided	1453
to or for the state agency or political subdivision pursuant to a	1454
contract that is entered into with the debtor after the date the	1455
finding for recovery was issued.	1456

(3) The attorney general waives a repayment plan described in	1457
division (B)(2) of this section for good cause;	1458

(4) The debtor and state agency or political subdivision to	1459
whom the money identified in the finding for recovery is owed have	1460
agreed to a payment plan established through an enforceable	1461
settlement agreement.	1462

(5) The state agency or political subdivision desiring to	1463
enter into a contract with a debtor certifies, and the attorney	1464
general concurs, that all of the following are true:	1465

(a) Essential services the state agency or political	1466
subdivision is seeking to obtain from the debtor cannot be	1467
provided by any other person besides the debtor;	1468

(b) Awarding a contract to the debtor for the essential	1469
services described in division (B)(5)(a) of this section is in the	1470
best interest of the state;	1471

(c) Good faith efforts have been made to collect the money	1472
identified in the finding of recovery.	1473

(6) The debtor has commenced an action to contest the finding	1474
for recovery and a final determination on the action has not yet	1475
been reached.	1476

(C) The attorney general shall submit an initial report to	1477
the auditor of state, not later than December 1, 2003, indicating	1478
the status of collection for all findings for recovery issued by	1479
the auditor of state for calendar years 2001, 2002, and 2003.	1480
Beginning on January 1, 2004, the attorney general shall submit to	1481
the auditor of state, on the first day of every January, April,	1482
July, and October, a list of all findings for recovery that have	1483
been resolved in accordance with division (B) of this section	1484
during the calendar quarter preceding the submission of the list	1485
and a description of the means of resolution. The attorney general	1486
shall notify the auditor of state when a judgment is issued	1487
against an entity described in division (F)(1) of this section.	1488

(D) The auditor of state shall maintain a database,	1489
accessible to the public, listing persons against whom an	1490
unresolved finding for recovery has been issued, and the amount of	1491
the money identified in the unresolved finding for recovery. The	1492
auditor of state shall have this database operational on or before	1493
January 1, 2004. The initial database shall contain the	1494
information required under this division for calendar years 2001,	1495
2002, and 2003.	1496

Beginning January 15, 2004, the auditor of state shall update	1497
the database by the fifteenth day of every January, April, July,	1498
and October to reflect resolved findings for recovery that are	1499
reported to the auditor of state by the attorney general on the	1500
first day of the same month pursuant to division (C) of this	1501
section.	1502

(E) Before awarding a contract as described in division	1503
(G)(1) of this section for goods, services, or construction, paid	1504
for in whole or in part with state funds, a state agency or	1505
political subdivision shall verify that the person to whom the	1506
state agency or political subdivision plans to award the contract	1507
has no unresolved finding for recovery issued against the person.	1508
A state agency or political subdivision shall verify that the	1509
person does not appear in the database described in division (D)	1510
of this section or shall obtain other proof that the person has no	1511
unresolved finding for recovery issued against the person.	1512

(F) The prohibition of division (A) of this section and the	1513
requirement of division (E) of this section do not apply with	1514
respect to the companies, payments, or agreements described in	1515
divisions (F)(1) and (2) of this section, or in the circumstance	1516
described in division (F)(3) of this section.	1517

(1) A bonding company or a company authorized to transact the	1518
business of insurance in this state, a self-insurance pool, joint	1519
self-insurance pool, risk management program, or joint risk	1520
management program, unless a court has entered a final judgment	1521
against the company and the company has not yet satisfied the	1522
final judgment.	1523

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1524
the ~~Revised Code~~medicaid program.	1525

(3) When federal law dictates that a specified entity provide	1526
the goods, services, or construction for which a contract is being	1527
awarded, regardless of whether that entity would otherwise be	1528
prohibited from entering into the contract pursuant to this	1529
section.	1530

(G)(1) This section applies only to contracts for goods,	1531
services, or construction that satisfy the criteria in either	1532
division (G)(1)(a) or (b) of this section. This section may apply	1533
to contracts for goods, services, or construction that satisfy the	1534
criteria in division (G)(1)(c) of this section, provided that the	1535
contracts also satisfy the criteria in either division (G)(1)(a)	1536
or (b) of this section.	1537

(a) The cost for the goods, services, or construction	1538
provided under the contract is estimated to exceed twenty-five	1539
thousand dollars.	1540

(b) The aggregate cost for the goods, services, or	1541
construction provided under multiple contracts entered into by the	1542
particular state agency and a single person or the particular	1543
political subdivision and a single person within the fiscal year	1544
preceding the fiscal year within which a contract is being entered	1545
into by that same state agency and the same single person or the	1546
same political subdivision and the same single person, exceeded	1547
fifty thousand dollars.	1548

(c) The contract is a renewal of a contract previously	1549
entered into and renewed pursuant to that preceding contract.	1550

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

1551

(H) As used in this section:

1552

(1) "State agency" has the same meaning as in section 9.66 of	1553
the Revised Code.	1554

(2) "Political subdivision" means a political subdivision as	1555
defined in section 9.82 of the Revised Code that has received more	1556
than fifty thousand dollars of state money in the current fiscal	1557
year or the preceding fiscal year.	1558

(3) "Finding for recovery" means a determination issued by	1559
the auditor of state, contained in a report the auditor of state	1560
gives to the attorney general pursuant to section 117.28 of the	1561
Revised Code, that public money has been illegally expended,	1562
public money has been collected but not been accounted for, public	1563
money is due but has not been collected, or public property has	1564
been converted or misappropriated.	1565

(4) "Debtor" means a person against whom a finding for	1566
recovery has been issued.	1567

(5) "Person" means the person named in the finding for	1568
recovery.	1569

(6) "State money" does not include funds the state receives	1570
from another source and passes through to a political subdivision.	1571

Sec. 9.833. (A) As used in this section, "political	1572
subdivision" has the meaning defined in sections 2744.01 and	1573
3905.36 of the Revised Code. For purposes of this section,	1574
"political subdivision" includes municipal corporations as defined	1575
in section 5705.01 of the Revised Code.	1576

(B) Political subdivisions that provide health care benefits	1577
for their officers or employees may do any of the following:	1578

(1) Establish and maintain an individual self-insurance	1579
program with public moneys to provide authorized health care	1580
benefits, including but not limited to, health care, prescription	1581
drugs, dental care, and vision care, in accordance with division	1582
(C) of this section;	1583

(2) Establish and maintain a health savings account program	1584
whereby employees or officers may establish and maintain health	1585
savings accounts in accordance with section 223 of the Internal	1586
Revenue Code. Public moneys may be used to pay for or fund	1587
federally qualified high deductible health plans that are linked	1588
to health savings accounts or to make contributions to health	1589
savings accounts. A health savings account program may be a part	1590
of a self-insurance program.	1591

(3) After establishing an individual self-insurance program,	1592
agree with other political subdivisions that have established	1593
individual self-insurance programs for health care benefits, that	1594
their programs will be jointly administered in a manner specified	1595
in the agreement;	1596

(4) Pursuant to a written agreement and in accordance with	1597
division (C) of this section, join in any combination with other	1598
political subdivisions to establish and maintain a joint	1599
self-insurance program to provide health care benefits;	1600

(5) Pursuant to a written agreement, join in any combination	1601
with other political subdivisions to procure or contract for	1602
policies, contracts, or plans of insurance to provide health care	1603
benefits, which may include a health savings account program for	1604
their officers and employees subject to the agreement;	1605

(6) Use in any combination any of the policies, contracts,	1606
plans, or programs authorized under this division.	1607

(7) Any agreement made under division (B)(3), (4), (5), or	1608
(6) of this section shall be in writing, comply with division (C)	1609
of this section, and contain best practices established in	1610
consultation with and approved by the department of administrative	1611
services. The best practices may be reviewed and amended at the	1612
discretion of the political subdivisions in consultation with the	1613
department. Detailed information regarding the best practices	1614
shall be made available to any employee upon that employee's	1615
request.	1616

(8) Purchase plans ~~approved~~containing best practices	1617
established by the department of administrative services under	1618
section 9.901 of the Revised Code.	1619

(C) Except as otherwise provided in division (E) of this	1620
section, the following apply to individual or joint self-insurance	1621
programs established pursuant to this section:	1622

(1) Such funds shall be reserved as are necessary, in the	1623
exercise of sound and prudent actuarial judgment, to cover	1624
potential cost of health care benefits for the officers and	1625
employees of the political subdivision. A certified audited	1626
financial statement and a report of aggregate amounts so reserved	1627
and aggregate disbursements made from such funds, together with a	1628
written report of a member of the American academy of actuaries	1629
certifying whether the amounts reserved conform to the	1630
requirements of this division, are computed in accordance with	1631
accepted loss reserving standards, and are fairly stated in	1632
accordance with sound loss reserving principles, shall be prepared	1633
and maintained, within ninety days after the last day of the	1634
fiscal year of the entity for which the report is provided for	1635
that fiscal year, in the office of the program administrator	1636
described in division (C)(3) of this section.	1637

The report required by division (C)(1) of this section shall	1638
include, but not be limited to, the aggregate of disbursements	1639
made for the administration of the program, including claims paid,	1640
costs of the legal representation of political subdivisions and	1641
employees, and fees paid to consultants.	1642

The program administrator described in division (C)(3) of	1643
this section shall make the report required by this division	1644
available for inspection by any person at all reasonable times	1645
during regular business hours, and, upon the request of such	1646
person, shall make copies of the report available at cost within a	1647
reasonable period of time. The program administrator shall further	1648
provide the report to the auditor of state under Chapter 117. of	1649
the Revised Code. The report required by this division is in lieu	1650
of the records required by division (A) of section 149.431 of the	1651
Revised Code.	1652

(2) Each political subdivision shall reserve funds necessary	1653
for an individual or joint self-insurance program in a special	1654
fund that may be established for political subdivisions other than	1655
an agency or instrumentality pursuant to an ordinance or	1656
resolution of the political subdivision and not subject to section	1657
5705.12 of the Revised Code. An agency or instrumentality shall	1658
reserve the funds necessary for an individual or joint	1659
self-insurance program in a special fund established pursuant to a	1660
resolution duly adopted by the agency's or instrumentality's	1661
governing board. The political subdivision may allocate the costs	1662
of insurance or any self-insurance program, or both, among the	1663
funds or accounts established under this division on the basis of	1664
relative exposure and loss experience.	1665

(3) A contract may be awarded, without the necessity of	1666
competitive bidding, to any person, political subdivision,	1667
nonprofit corporation organized under Chapter 1702. of the Revised	1668
Code, or regional council of governments created under Chapter	1669
167. of the Revised Code for purposes of administration of an	1670
individual or joint self-insurance program. No such contract shall	1671
be entered into without full, prior, public disclosure of all	1672
terms and conditions. The disclosure shall include, at a minimum,	1673
a statement listing all representations made in connection with	1674
any possible savings and losses resulting from the contract, and	1675
potential liability of any political subdivision or employee. The	1676
proposed contract and statement shall be disclosed and presented	1677
at a meeting of the political subdivision not less than one week	1678
prior to the meeting at which the political subdivision authorizes	1679
the contract.	1680

A contract awarded to a nonprofit corporation or a regional	1681
council of governments under this division may provide that all	1682
employees of the nonprofit corporation or regional council of	1683
governments, the employees of all entities related to the	1684
nonprofit corporation or regional council of governments, and the	1685
employees of other nonprofit corporations that have fifty or fewer	1686
employees and have been organized for the primary purpose of	1687
representing the interests of political subdivisions, may be	1688
covered by the individual or joint self-insurance program under	1689
the terms and conditions set forth in the contract.	1690

(4) The individual or joint self-insurance program shall	1691
include a contract with a certified public accountant and a member	1692
of the American academy of actuaries for the preparation of the	1693
written evaluations required under division (C)(1) of this	1694
section.	1695

(5) A joint self-insurance program may allocate the costs of	1696
funding the program among the funds or accounts established under	1697
this division to the participating political subdivisions on the	1698
basis of their relative exposure and loss experience.	1699

(6) An individual self-insurance program may allocate the	1700
costs of funding the program among the funds or accounts	1701
established under this division to the political subdivision that	1702
established the program.	1703

(7) Two or more political subdivisions may also authorize the	1704
establishment and maintenance of a joint health care cost	1705
containment program, including, but not limited to, the employment	1706
of risk managers, health care cost containment specialists, and	1707
consultants, for the purpose of preventing and reducing health	1708
care costs covered by insurance, individual self-insurance, or	1709
joint self-insurance programs.	1710

(8) A political subdivision is not liable under a joint	1711
self-insurance program for any amount in excess of amounts payable	1712
pursuant to the written agreement for the participation of the	1713
political subdivision in the joint self-insurance program. Under a	1714
joint self-insurance program agreement, a political subdivision	1715
may, to the extent permitted under the written agreement, assume	1716
the risks of any other political subdivision. A joint	1717
self-insurance program established under this section is deemed a	1718
separate legal entity for the public purpose of enabling the	1719
members of the joint self-insurance program to obtain insurance or	1720
to provide for a formalized, jointly administered self-insurance	1721
fund for its members. An entity created pursuant to this section	1722
is exempt from all state and local taxes.	1723

(9) Any political subdivision, other than an agency or	1724
instrumentality, may issue general obligation bonds, or special	1725
obligation bonds that are not payable from real or personal	1726
property taxes, and may also issue notes in anticipation of such	1727
bonds, pursuant to an ordinance or resolution of its legislative	1728
authority or other governing body for the purpose of providing	1729
funds to pay expenses associated with the settlement of claims,	1730
whether by way of a reserve or otherwise, and to pay the political	1731
subdivision's portion of the cost of establishing and maintaining	1732
an individual or joint self-insurance program or to provide for	1733
the reserve in the special fund authorized by division (C)(2) of	1734
this section.	1735

In its ordinance or resolution authorizing bonds or notes	1736
under this section, a political subdivision may elect to issue	1737
such bonds or notes under the procedures set forth in Chapter 133.	1738
of the Revised Code. In the event of such an election,	1739
notwithstanding Chapter 133. of the Revised Code, the maturity of	1740
the bonds may be for any period authorized in the ordinance or	1741
resolution not exceeding twenty years, which period shall be the	1742
maximum maturity of the bonds for purposes of section 133.22 of	1743
the Revised Code.	1744

Bonds and notes issued under this section shall not be	1745
considered in calculating the net indebtedness of the political	1746
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1747
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1748
hereby made applicable to bonds or notes authorized under this	1749
section.	1750

(10) A joint self-insurance program is not an insurance	1751
company. Its operation does not constitute doing an insurance	1752
business and is not subject to the insurance laws of this state.	1753

(11) A joint self-insurance program shall pay the run-off	1754
expenses of a participating political subdivision that terminates	1755
its participation in the program if the political subdivision has	1756
accumulated funds in the reserves for incurred but not reported	1757
claims. The run-off payment, at minimum, shall be limited to an	1758
actuarially determined cap or sixty days, whichever is reached	1759
first. This provision shall not apply during the term of a	1760
specific, separate agreement with a political subdivision to	1761
maintain enrollment for a specified period, not to exceed three	1762
years.	1763

(D) A political subdivision may procure group life insurance	1764
for its employees in conjunction with an individual or joint	1765
self-insurance program authorized by this section, provided that	1766
the policy of group life insurance is not self-insured.	1767

(E) This section does not apply to individual self-insurance	1768
programs created solely by municipal corporations as defined in	1769
section 5705.01 of the Revised Code.	1770

(F) A public official or employee of a political subdivision	1771
who is or becomes a member of the governing body of the program	1772
administrator of a joint self-insurance program in which the	1773
political subdivision participates is not in violation of division	1774
(D) or (E) of section 102.03, division (C) of section 102.04, or	1775
section 2921.42 of the Revised Code as a result of either of the	1776
following:	1777

(1) The political subdivision's entering under this section	1778
into the written agreement to participate in the joint	1779
self-insurance program;	1780

(2) The political subdivision's entering under this section	1781
into any other contract with the joint self-insurance program.	1782

Sec. 9.90. (A) ~~The following applies until the department of~~	1783
~~administrative services implements healthcare plans designed under~~	1784
~~section 9.901 of the Revised Code. If those plans do not include~~	1785
~~or address any benefits listed in this section, or if the board of~~	1786
~~trustees or other governing body of a state institution of higher~~	1787
~~education, as defined in section 3345.011 of the Revised Code,~~	1788
~~board of education of a school district, or governing board of an~~	1789
~~educational service center do not elect to be covered under a plan~~	1790
~~offered by the department of administrative services under section~~	1791
~~9.901 of the Revised Code, the following provisions continue in~~	1792
~~effect for those benefits.~~ The board of trustees or other	1793
governing body of a state institution of higher education, as	1794
defined in section 3345.011 of the Revised Code, board of	1795
education of a school district, or governing board of an	1796
educational service center may, in addition to all other powers	1797
provided in the Revised Code:	1798

(1) Contract for, purchase, or otherwise procure from an	1799
insurer or insurers licensed to do business by the state of Ohio	1800
for or on behalf of such of its employees as it may determine,	1801
life insurance, or sickness, accident, annuity, endowment, health,	1802
medical, hospital, dental, or surgical coverage and benefits, or	1803
any combination thereof, by means of insurance plans or other	1804
types of coverage, family, group or otherwise, and may pay from	1805
funds under its control and available for such purpose all or any	1806
portion of the cost, premium, or charge for such insurance,	1807
coverage, or benefits. However, the governing board, in addition	1808
to or as an alternative to the authority otherwise granted by	1809
division (A)(1) of this section, may elect to procure coverage for	1810
health care services, for or on behalf of such of its employees as	1811
it may determine, by means of policies, contracts, certificates,	1812
or agreements issued by at least two health insuring corporations	1813
holding a certificate of authority under Chapter 1751. of the	1814
Revised Code and may pay from funds under the governing board's	1815
control and available for such purpose all or any portion of the	1816
cost of such coverage.	1817

(2) Make payments to a custodial account for investment in	1818
regulated investment company stock for the purpose of providing	1819
retirement benefits as described in section 403(b)(7) of the	1820
Internal Revenue Code of 1954, as amended. Such stock shall be	1821
purchased only from persons authorized to sell such stock in this	1822
state.	1823

Any income of an employee deferred under divisions (A)(1) and	1824
(2) of this section in a deferred compensation program eligible	1825
for favorable tax treatment under the Internal Revenue Code of	1826
1954, as amended, shall continue to be included as regular	1827
compensation for the purpose of computing the contributions to and	1828
benefits from the retirement system of such employee. Any sum so	1829
deferred shall not be included in the computation of any federal	1830
and state income taxes withheld on behalf of any such employee.	1831

(B) All or any portion of the cost, premium, or charge	1832
therefor may be paid in such other manner or combination of	1833
manners as the board or governing body may determine, including	1834
direct payment by the employee in cases under division (A)(1) of	1835
this section, and, if authorized in writing by the employee in	1836
cases under division (A)(1) or (2) of this section, by the board	1837
or governing body with moneys made available by deduction from or	1838
reduction in salary or wages or by the foregoing of a salary or	1839
wage increase. Nothing in section 3917.01 or section 3917.06 of	1840
the Revised Code shall prohibit the issuance or purchase of group	1841
life insurance authorized by this section by reason of payment of	1842
premiums therefor by the board or governing body from its funds,	1843
and such group life insurance may be so issued and purchased if	1844
otherwise consistent with the provisions of sections 3917.01 to	1845
3917.07 of the Revised Code.	1846

(C) The board of education of any school district may	1847
exercise any of the powers granted to the governing boards of	1848
public institutions of higher education under divisions (A) and	1849
(B) of this section. All health care benefits provided to persons	1850
employed by the public schools of this state shall be through	1851
health care plans that contain best practices established by the	1852
department of administrative services pursuant to section 9.901 of	1853
the Revised Code.	1854

~~(D) Once the department of administrative services releases~~	1855
~~in final form health care plans designed under section 9.901 of~~	1856
~~the Revised Code, all health care benefits provided to persons~~	1857
~~employed by state institutions of higher education, school~~	1858
~~districts, or educational service centers may be through those~~	1859
~~plans.~~	1860

Sec. 9.901. (A)(1) All health care benefits provided to	1861
persons employed by ~~the political subdivisions and~~ public ~~school~~	1862
~~districts of~~employers as defined by this ~~state~~section shall be	1863
provided by health care plans that contain best practices	1864
established ~~pursuant to this section~~ by the former school	1865
employees health care board or the department of administrative	1866
services. ~~Twelve months after the release of best practices by the~~	1867
~~board all~~All policies or contracts for health care benefits	1868
~~provided to public school district employees~~ that are issued or	1869
renewed after the expiration of any applicable collective	1870
bargaining agreement must contain all best practices established	1871
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1872
~~or all of the health~~Health care plans that contain the best	1873
practices ~~specified by the board~~ may be self-insured.	1874

(2) Upon ~~completion of the consultant's report under division~~	1875
~~(E) of this section and once the plans are released in final form~~	1876
~~by the department, all health care benefits provided to persons~~	1877
~~employed by political subdivisions, public school districts, and~~	1878
~~state institutions of higher education may be provided by health~~	1879
~~care plans designed under this section by the department. The~~	1880
~~department, in consultation with the superintendent of insurance,~~	1881
~~may negotiate with and, in accordance with the competitive~~	1882
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1883
~~with one or more insurance companies authorized to do business in~~	1884
~~this state for the issuance of the plans. Any or all of the health~~	1885
~~care plans designed by the department may be self-insured. All~~	1886
~~self-insured plans adopted shall be administered by the department~~	1887
~~in accordance with this section. The plans shall incorporate the~~	1888
~~best practices adopted by the department under division (C)(3) of~~	1889
~~this section~~consulting with the department of administrative	1890
services, a political subdivision may adopt a delivery system of	1891
benefits that is not in accordance with the department's adopted	1892
best practices if it is considered by the department to be most	1893
financially advantageous to the political subdivision.	1894

(3) ~~Before soliciting proposals from insurance companies for~~	1895
~~the issuance of health care plans, the department, in consultation~~	1896
~~with the superintendent of insurance, shall determine what~~	1897
~~geographic regions exist in the state based on the availability of~~	1898
~~providers, networks, costs, and other factors relating to~~	1899
~~providing health care benefits. The department shall then~~	1900
~~determine what health care plans offered by political~~	1901
~~subdivisions, public school districts, state institutions, and~~	1902
~~existing consortiums in the region offer the most cost-effective~~	1903
~~plan.~~	1904

~~(4) The department, in consultation with the superintendent~~	1905
~~of insurance, shall develop a request for proposals and solicit~~	1906
~~bids for health care plans for political subdivisions, public~~	1907
~~school districts, and state institutions in a region similar to~~	1908
~~the existing plans. The department shall also determine the~~	1909
~~benefits offered by existing health care plans, the employees'~~	1910
~~costs, and the cost-sharing arrangements used by political~~	1911
~~subdivisions, schools, and institutions participating in a~~	1912
~~consortium. The department shall determine what strategies are~~	1913
~~used by the existing plans to manage health care costs and shall~~	1914
~~study the potential benefits of state or regional consortiums~~	1915
~~offering multiple health care plans. When options exist in a~~	1916
~~defined regional service area that meet the benchmarks or best~~	1917
~~practices prescribed by the department, public employees shall be~~	1918
~~given the option of selecting from two or more health plans.~~	1919

~~(5) No political subdivision, public school district, or~~	1920
~~state institution may be required to offer the health care plans~~	1921
~~designed under this section until action is taken under division~~	1922
~~(E) of this section.~~	1923

~~In addition, political subdivisions, public school districts,~~	1924
~~or state institutions offering employee health care benefits~~	1925
~~through a plan offered by a consortium of two or more political~~	1926
~~subdivisions, districts, or state institutions, or a consortium of~~	1927
~~one or more political subdivisions, districts, or state~~	1928
~~institutions and one or more other political subdivisions may~~	1929
~~continue offering consortium plans to the political subdivisions',~~	1930
~~districts', or institutions' employees if plans contain best~~	1931
~~practices required under this section.~~	1932

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

1933

(a) "Public employer" means political subdivisions, public	1934
school districts, or state institutions of higher education.	1935

(b) "Public school district" means a city, local, exempted	1936
village, or joint vocational school district; a STEM school	1937
established under Chapter 3326. of the Revised Code; or an	1938
educational service center. "Public school district" does not mean	1939
a community school established under Chapter 3314. of the Revised	1940
Code.	1941

~~(b)~~(c) "State institution of higher education" or "state	1942
institution" means a state institution of higher education as	1943
defined in section 3345.011 of the Revised Code.	1944

~~(c)~~(d) "Political subdivision" has the same meaning as	1945
defined in section 9.833 of the Revised Code.	1946

~~(d)~~(e) A "health care plan" includes group policies,	1947
contracts, and agreements that provide hospital, surgical, or	1948
medical expense coverage, including self-insured plans. A "health	1949
care plan" does not include an individual plan offered to the	1950
employees of a political subdivision, public school district, or	1951
state institution, or a plan that provides coverage only for	1952
specific disease or accidents, or a hospital indemnity, medicare	1953
supplement, or other plan that provides only supplemental	1954
benefits, paid for by the employees of a political subdivision,	1955
public school district, or state institution.	1956

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1957
public school district, a state institution of higher education, a	1958
consortium of political subdivisions, public school districts, or	1959
state institutions, or a council of governments.	1960

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1961
care fund is hereby created in the state treasury. The department	1962
shall use all funds in the ~~political subdivisions and~~ public	1963
employees health care fund solely to carry out the provisions of	1964
this section and related administrative costs.	1965

~~(C)~~(B) The department of administrative services shall do all	1966
of the following:	1967

(1) ~~Include disease management and consumer education~~	1968
~~programs, which programs shall include, but are not limited to,~~	1969
~~wellness programs and other measures designed to encourage the~~	1970
~~wise use of medical plan coverage. These programs are not services~~	1971
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1972

~~(2) After action is taken under division (E) of this section,~~	1973
~~design health care plans for political subdivisions, public school~~	1974
~~districts, and state institutions of higher education in~~	1975
~~accordance with division (A) of this section separate from the~~	1976
~~plans for state agencies;~~	1977

~~(3) Adopt and release a set of standards that shall be~~	1978
~~considered the best practices for health care plans offered to~~	1979
~~employees of political subdivisions, public school districts, and~~	1980
~~state institutions.~~	1981

~~(4) Require that the plans the health plan sponsors~~	1982
~~administer make readily available to the public all cost and~~	1983
~~design elements of the plan;~~	1984

~~(5) Set employee and employer health care plan premiums for~~	1985
~~the plans designed under division (C)(2) of this section;~~	1986

~~(6) Promote cooperation among all organizations affected by~~	1987
~~this section in identifying the elements for the successful~~	1988
~~implementation of this section;~~	1989

~~(7) Promote cost containment measures aligned with patient,~~	1990
~~plan, and provider management strategies in developing and~~	1991
~~managing health care plans;~~	1992

~~(8) Prepare and disseminate to the public an annual report on~~	1993
~~the status of health plan sponsors' effectiveness in making~~	1994
~~progress to reduce the rate of increase in insurance premiums and~~	1995
~~employee out of pocket expenses, as well as progress in improving~~	1996
~~the health status of political subdivision, public school~~	1997
~~district, and state institution employees and their families.~~	1998

~~(D) The sections in Chapter 3923. of the Revised Code~~	1999
~~regulating public employee benefit plans are not applicable to the~~	2000
~~health care plans designed pursuant to this section.~~	2001

~~(E) Before the department's release of the initial health~~	2002
~~care plans, the department shall contract with an independent~~	2003
~~consultant to analyze costs related to employee health care~~	2004
~~benefits provided by existing political subdivision, public school~~	2005
~~district, and state institution plans. All political subdivisions~~	2006
~~shall provide information requested by the department that the~~	2007
~~department determines is needed to complete this study. The~~	2008
~~information requested shall be held confidentially by the~~	2009
~~department and shall not be considered a public record under~~	2010
~~Chapter 149. of the Revised Code. The department may release the~~	2011
~~information after redacting all personally identifiable~~	2012
~~information. The consultant shall determine the benefits offered~~	2013
~~by existing plans, the employees' costs, and the cost-sharing~~	2014
~~arrangements used by political subdivisions, schools, and~~	2015
~~institutions participating in a consortium. The consultant shall~~	2016
~~determine what strategies are used by the existing plans to manage~~	2017
~~health care costs and shall study the potential benefits of state~~	2018
~~or regional consortiums of political subdivisions, public schools,~~	2019
~~and institutions offering multiple health care plans. Based on the~~	2020
~~findings of the analysis, the consultant shall submit written~~	2021
~~recommendations to the department for the development and~~	2022
~~implementation of a successful program for pooling purchasing~~	2023
~~power for the acquisition of employee health care plans. The~~	2024
~~consultant's recommendations shall address, at a minimum, all of~~	2025
~~the following issues:~~	2026

~~(1) The development of a plan for regional coordination of~~	2027
~~the health care plans;~~	2028

~~(2) The establishment of regions for the provision of health~~	2029
~~care plans, based on the availability of providers and plans in~~	2030
~~the state at the time;~~	2031

~~(3) The viability of voluntary and mandatory participation by~~	2032
~~political subdivisions, public schools, and institutions of higher~~	2033
~~education;~~	2034

~~(4) The use of regional preferred provider and closed panel~~	2035
~~plans, health savings accounts, and alternative health care plans,~~	2036
~~to stabilize both costs and the premiums charged to political~~	2037
~~subdivisions, public school districts, and state institutions and~~	2038
~~their employees;~~	2039

~~(5) The use of the competitive bidding process for regional~~	2040
~~health care plans;~~	2041

~~(6) The use of information on claims and costs and of~~	2042
~~information reported by political subdivisions, public school~~	2043
~~districts, and state institutions pursuant to the Consolidated~~	2044
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	2045
~~1161, as amended in analyzing administrative and premium costs;~~	2046

~~(7) The experience of states that have statewide health care~~	2047
~~plans for political subdivision, public school district, and state~~	2048
~~institution employees, including the implementation strategies~~	2049
~~used by those states;~~	2050

~~(8) Recommended strategies for the use of first-year roll-in~~	2051
~~premiums in the transition from political subdivision, district,~~	2052
~~and state institution health care plans to department plans;~~	2053

~~(9) The option of allowing political subdivisions, public~~	2054
~~school districts, and state institutions to join an existing~~	2055
~~regional consortium as an alternative to department plans;~~	2056

~~(10) Mandatory and optional coverages to be offered by the~~	2057
~~department's plans;~~	2058

~~(11) Potential risks to the state from the use of plans~~	2059
~~developed under this section;~~	2060

~~(12) Any legislation needed to ensure the long-term financial~~	2061
~~solvency and stability of a health care purchasing system;~~	2062

~~(13) The potential impacts of any changes to the existing~~	2063
~~purchasing structure on all of the following:~~	2064

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

2065

~~(b) Political subdivision, school district, and state~~	2066
~~institution employees;~~	2067

~~(c) Individual political subdivisions, school districts, and~~	2068
~~state institutions.~~	2069

~~(14) Issues that could arise when political subdivisions,~~	2070
~~school districts, and state institutions transition from the~~	2071
~~existing purchasing structure to a new purchasing structure;~~	2072

~~(15) Strategies available to the department in the creation~~	2073
~~of fund reserves and the need for stop-loss insurance coverage for~~	2074
~~catastrophic losses;~~	2075

~~(16) Impact on eliminating the premium tax or excise~~	2076
~~currently received on behalf of a public employer under division~~	2077
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	2078
~~Code;~~	2079

~~(17) How development of the federal health exchange in Ohio~~	2080
~~may impact public employees;~~	2081

~~(18) Impact of joint health insurance regional program on~~	2082
~~insurance carriers and agents;~~	2083

~~(19) The benefits, including any cost savings to the state of~~	2084
~~establishing a benchmark for public employers to meet in lieu of~~	2085
~~establishing new plans administered by the department.~~	2086

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

2087

(2) Study the potential benefits of state or regional	2088
consortiums of public employers' health care plans;	2089

(3) Publish information regarding the health care plans	2090
offered by political subdivisions, public school districts, state	2091
institutions, and existing consortiums;	2092

(4) Assist in the design of health care plans for political	2093
subdivisions, public school districts, and state institutions of	2094
higher education in accordance with division (A) of this section	2095
separate from the plans for state agencies;	2096

(5) Adopt and release a set of standards that shall be	2097
considered the best practices for health care plans offered to	2098
employees of political subdivisions, public school districts, and	2099
state institutions;	2100

(6) Require that plans the health plan sponsors administer	2101
make readily available to the public all cost and design elements	2102
of the plan;	2103

(7) Promote cooperation among all organizations affected by	2104
this section in identifying the elements for successful	2105
implementation of this section;	2106

(8) Promote cost containment measures aligned with patient,	2107
plan, and provider management strategies in developing and	2108
managing health care plans; and	2109

(9) Prepare and disseminate to the public an annual report on	2110
the status of health plan sponsors' effectiveness in complying	2111
with best practices and making progress to reduce the rate of	2112
increase in insurance premiums and employee out-of-pocket	2113
expenses, as well as progress in improving the health status of	2114
employees and their families.	2115

(C) The director of administrative services may convene a	2116
public health care advisory committee ~~is hereby created under the~~	2117
~~department of administrative services~~. The committee shall make	2118
recommendations to the director of administrative services or the	2119
director's designee on the development and adoption of best	2120
practices under this section. The committee shall consist of	2121
fifteen members: five members appointed by the speaker of the	2122
house of representatives,; five members appointed by the president	2123
of the senate,; and five members appointed by the governor and	2124
shall include representatives from state and local government	2125
employers, state and local government employees, insurance agents,	2126
health insurance companies, and joint purchasing arrangements	2127
currently in existence. ~~Nothing in this section prohibits a~~	2128
~~political subdivision from adopting a delivery system of benefits~~	2129
~~that is not in accordance with the department's adopted best~~	2130
~~practices if it is considered to be most financially advantageous~~	2131
~~to the political subdivision.~~Members shall serve without	2132
compensation.	2133

~~(G)~~(D) The department may adopt rules for the enforcement of	2134
health plan sponsors' compliance with the best practices standards	2135
adopted by the department pursuant to this section.	2136

~~(H)~~(E) Any health care plan providing coverage for the	2137
employees of political subdivisions, public school districts, or	2138
state institutions of higher education, or that have provided	2139
coverage within two years before the effective date of this	2140
amendment, shall provide nonidentifiable aggregate claims and	2141
administrative data for the coverage provided as required by the	2142
department, without charge, within thirty days after receiving a	2143
written request from the department. The claims data shall include	2144
data relating to employee group benefit sets, demographics, and	2145
claims experience.	2146

~~(I)(1)~~(F) The department may ~~contract~~work with other state	2147
agencies ~~for~~to obtain services as the department deems necessary	2148
for the implementation and operation of this section, based on	2149
demonstrated experience and expertise in administration,	2150
management, data handling, actuarial studies, quality assurance,	2151
or for other needed services.	2152

~~(2)~~(G) The department shall hire staff as necessary to	2153
provide administrative support to the department and the public	2154
employee health care plan program established by this section.	2155

~~(J) Not more than ninety days before coverage begins for~~	2156
~~political subdivision, public school district, and state~~	2157
~~institution employees under health care plans designed by the~~	2158
~~department, a political subdivision's governing body, public~~	2159
~~school district's board of education, and a state institution's~~	2160
~~board of trustees or managing authority shall provide detailed~~	2161
~~information about the health care plans to the employees.~~	2162

~~(K)~~(H) Nothing in this section shall be construed as	2163
prohibiting political subdivisions, public school districts, or	2164
state institutions from consulting with and compensating insurance	2165
agents and brokers for professional services or from establishing	2166
a self-insurance program.	2167

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	2168
auditor of state shall conduct all necessary and required audits	2169
of the department. The auditor of state, upon request, also shall	2170
furnish to the department copies of audits of political	2171
subdivisions, public school districts, or consortia performed by	2172
the auditor of state.	2173

Sec. 101.39. (A) There is hereby created the joint	2174
legislative committee on health care oversight. The committee may	2175
review or study any matter related to the provision of health care	2176
services that it considers of significance to the citizens of this	2177
state, including the availability of health care, the quality of	2178
health care, the effectiveness and efficiency of managed care	2179
systems, and the operation of the ~~medical assistance~~medicaid	2180
program ~~established under Chapter 5111. of the Revised Code~~ or	2181
other government health programs.	2182

The department of ~~job and family services~~medicaid,	2183
department of health, department of aging, department of ~~mental~~	2184
~~health~~mental health and addiction services, department of	2185
developmental disabilities, ~~department of alcohol and drug~~	2186
~~addiction services,~~ and other state agencies shall cooperate with	2187
the committee in its study and review of health care issues. On	2188
request, the departments shall provide the committee with reports	2189
and other information sufficient for the committee to fulfill its	2190
duties.	2191

The committee may issue recommendations as it determines	2192
appropriate. The recommendations may be made to the general	2193
assembly, state agencies, private industry, or any other entity.	2194

(B) The committee shall consist of the following members of	2195
the general assembly: the chairperson of the senate's standing	2196
committee with primary responsibility for health legislation, the	2197
chairperson of the house of representatives' standing committee	2198
with primary responsibility for health legislation, four members	2199
of the house of representatives appointed by the speaker of the	2200
house of representatives, and four members of the senate appointed	2201
by the president of the senate. Not more than two members	2202
appointed by the speaker of the house of representatives and not	2203
more than two members appointed by the president of the senate may	2204
be of the same political party. Except in 1995, appointments shall	2205
be made not later than fifteen days after the commencement of the	2206
first regular session of each general assembly. The chairpersons	2207
of the standing committees with primary responsibility for health	2208
legislation shall serve as co-chairpersons of the committee.	2209

Each member of the committee shall hold office during the	2210
general assembly in which the member is appointed and until a	2211
successor has been appointed, notwithstanding the adjournment sine	2212
die of the general assembly in which the member was appointed or	2213
the expiration of the member's term as a member of the general	2214
assembly. Any vacancies occurring among the members of the	2215
committee shall be filled in the manner of the original	2216
appointment.	2217

The committee shall meet at least quarterly and at the call	2218
of the co-chairpersons. The co-chairpersons shall determine the	2219
time, place, and agenda for each meeting of the committee.	2220

The committee has the same powers as other standing or select	2221
committees of the general assembly. The committee may request	2222
assistance from the legislative service commission.	2223

Sec. 101.391. (A) There is hereby created the joint	2224
legislative committee on medicaid technology and reform. The	2225
committee may review or study any matter that it considers	2226
relevant to the operation of the medicaid program ~~established~~	2227
~~under Chapter 5111. of the Revised Code~~, with priority given to	2228
the study or review of mechanisms to enhance the program's	2229
effectiveness through improved technology systems and program	2230
reform.	2231

(B) The committee shall consist of five members of the house	2232
of representatives appointed by the speaker of the house of	2233
representatives and five members of the senate appointed by the	2234
president of the senate. Not more than three members appointed by	2235
the speaker of the house of representatives and not more than	2236
three members appointed by the president of the senate may be of	2237
the same political party.	2238

Each member of the committee shall hold office during the	2239
general assembly in which the member is appointed and until a	2240
successor has been appointed, notwithstanding the adjournment sine	2241
die of the general assembly in which the member was appointed or	2242
the expiration of the member's term as a member of the general	2243
assembly. Any vacancies occurring among the members of the	2244
committee shall be filled in the manner of the original	2245
appointment.	2246

(C) The committee has the same powers as other standing or	2247
select committees of the general assembly. The committee may	2248
employ an executive director.	2249

Sec. 101.392. (A) As used in this section, "Affordable Care	2250
Act" means the federal "Patient Protection and Affordable Care Act	2251
of 2010," Pub. L. 111-148, 124 Stat. 119, as amended by the	2252
federal "Health Care and Education Reconciliation Act of 2010,"	2253
Pub. L. 111-152, 124 Stat. 1029, and any amendments to those acts,	2254
or any regulations or guidance issued under those acts.	2255

(B)(1) There is hereby created the joint legislative	2256
committee on the Affordable Care Act. The committee may review or	2257
study any matter that it considers relevant to the operation and	2258
impact of the Affordable Care Act in this state.	2259

(2) The committee shall study and assess the impact of the	2260
Affordable Care Act on the income of students attending colleges	2261
and universities in this state who are employed by state	2262
institutions of higher education, as defined in section 3345.011	2263
of the Revised Code.	2264

(C) The committee shall consist of three members of the house	2265
of representatives appointed by the speaker of the house of	2266
representatives, and three members of the senate appointed by the	2267
president of the senate. Two members appointed by the speaker of	2268
the house of representatives shall be from the majority party and	2269
one member shall be from the minority party, and two members	2270
appointed by the president of the senate shall be from the	2271
majority party and one member shall be from the minority party.	2272

Each member of the committee shall hold office during the	2273
general assembly in which the member is appointed and until a	2274
successor has been appointed, notwithstanding the adjournment sine	2275
die of the general assembly in which the member was appointed or	2276
the expiration of the member's term as a member of the general	2277
assembly. Any vacancies occurring among the members of the	2278
committee shall be filled in the manner of the original	2279
appointment.	2280

(D) The committee has the same powers as other standing or	2281
select committees of the general assembly. The committee may	2282
request assistance from the legislative service commission.	2283

Sec. 102.02. (A) Except as otherwise provided in division	2284
(H) of this section, all of the following shall file with the	2285
appropriate ethics commission the disclosure statement described	2286
in this division on a form prescribed by the appropriate	2287
commission: every person who is elected to or is a candidate for a	2288
state, county, or city office or an office of a township with a	2289
population of five thousand or more, as determined by the most	2290
recent federal decennial census, and every person who is appointed	2291
to fill a vacancy for an unexpired term in such an elective	2292
office; all members of the state board of education; the director,	2293
assistant directors, deputy directors, division chiefs, or persons	2294
of equivalent rank of any administrative department of the state;	2295
the president or other chief administrative officer of every state	2296
institution of higher education as defined in section 3345.011 of	2297
the Revised Code; the executive director and the members of the	2298
capitol square review and advisory board appointed or employed	2299
pursuant to section 105.41 of the Revised Code; all members of the	2300
Ohio casino control commission, the executive director of the	2301
commission, all professional employees of the commission, and all	2302
technical employees of the commission who perform an internal	2303
audit function; the individuals set forth in division (B)(2) of	2304
section 187.03 of the Revised Code; the chief executive officer	2305
and the members of the board of each state retirement system; each	2306
employee of a state retirement board who is a state retirement	2307
system investment officer licensed pursuant to section 1707.163 of	2308
the Revised Code; the members of the Ohio retirement study council	2309
appointed pursuant to division (C) of section 171.01 of the	2310
Revised Code; employees of the Ohio retirement study council,	2311
other than employees who perform purely administrative or clerical	2312
functions; the administrator of workers' compensation and each	2313
member of the bureau of workers' compensation board of directors;	2314
the bureau of workers' compensation director of investments; the	2315
chief investment officer of the bureau of workers' compensation;	2316
all members of the board of commissioners on grievances and	2317
discipline of the supreme court and the ethics commission created	2318
under section 102.05 of the Revised Code; every business manager,	2319
treasurer, or superintendent of a city, local, exempted village,	2320
joint vocational, or cooperative education school district or an	2321
educational service center; every person who is elected to or is a	2322
candidate for the office of member of a board of education of a	2323
city, local, exempted village, joint vocational, or cooperative	2324
education school district or of a governing board of an	2325
educational service center that has a total student count of	2326
twelve thousand or more as most recently determined by the	2327
department of education pursuant to section 3317.03 of the Revised	2328
Code; every person who is appointed to the board of education of a	2329
municipal school district pursuant to division (B) or (F) of	2330
section 3311.71 of the Revised Code; all members of the board of	2331
directors of a sanitary district that is established under Chapter	2332
6115. of the Revised Code and organized wholly for the purpose of	2333
providing a water supply for domestic, municipal, and public use,	2334
and that includes two municipal corporations in two counties;	2335
every public official or employee who is paid a salary or wage in	2336
accordance with schedule C of section 124.15 or schedule E-2 of	2337
section 124.152 of the Revised Code; members of the board of	2338
trustees and the executive director of the southern Ohio	2339
agricultural and community development foundation; all members	2340
appointed to the Ohio livestock care standards board under section	2341
904.02 of the Revised Code; and every other public official or	2342
employee who is designated by the appropriate ethics commission	2343
pursuant to division (B) of this section.	2344

The disclosure statement shall include all of the following:

2345

(1) The name of the person filing the statement and each	2346
member of the person's immediate family and all names under which	2347
the person or members of the person's immediate family do	2348
business;	2349

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	2350
and except as otherwise provided in section 102.022 of the Revised	2351
Code, identification of every source of income, other than income	2352
from a legislative agent identified in division (A)(2)(b) of this	2353
section, received during the preceding calendar year, in the	2354
person's own name or by any other person for the person's use or	2355
benefit, by the person filing the statement, and a brief	2356
description of the nature of the services for which the income was	2357
received. If the person filing the statement is a member of the	2358
general assembly, the statement shall identify the amount of every	2359
source of income received in accordance with the following ranges	2360
of amounts: zero or more, but less than one thousand dollars; one	2361
thousand dollars or more, but less than ten thousand dollars; ten	2362
thousand dollars or more, but less than twenty-five thousand	2363
dollars; twenty-five thousand dollars or more, but less than fifty	2364
thousand dollars; fifty thousand dollars or more, but less than	2365
one hundred thousand dollars; and one hundred thousand dollars or	2366
more. Division (A)(2)(a) of this section shall not be construed to	2367
require a person filing the statement who derives income from a	2368
business or profession to disclose the individual items of income	2369
that constitute the gross income of that business or profession,	2370
except for those individual items of income that are attributable	2371
to the person's or, if the income is shared with the person, the	2372
partner's, solicitation of services or goods or performance,	2373
arrangement, or facilitation of services or provision of goods on	2374
behalf of the business or profession of clients, including	2375
corporate clients, who are legislative agents. A person who files	2376
the statement under this section shall disclose the identity of	2377
and the amount of income received from a person who the public	2378
official or employee knows or has reason to know is doing or	2379
seeking to do business of any kind with the public official's or	2380
employee's agency.	2381

(b) If the person filing the statement is a member of the	2382
general assembly, the statement shall identify every source of	2383
income and the amount of that income that was received from a	2384
legislative agent during the preceding calendar year, in the	2385
person's own name or by any other person for the person's use or	2386
benefit, by the person filing the statement, and a brief	2387
description of the nature of the services for which the income was	2388
received. Division (A)(2)(b) of this section requires the	2389
disclosure of clients of attorneys or persons licensed under	2390
section 4732.12 of the Revised Code, or patients of persons	2391
certified under section 4731.14 of the Revised Code, if those	2392
clients or patients are legislative agents. Division (A)(2)(b) of	2393
this section requires a person filing the statement who derives	2394
income from a business or profession to disclose those individual	2395
items of income that constitute the gross income of that business	2396
or profession that are received from legislative agents.	2397

(c) Except as otherwise provided in division (A)(2)(c) of	2398
this section, division (A)(2)(a) of this section applies to	2399
attorneys, physicians, and other persons who engage in the	2400
practice of a profession and who, pursuant to a section of the	2401
Revised Code, the common law of this state, a code of ethics	2402
applicable to the profession, or otherwise, generally are required	2403
not to reveal, disclose, or use confidences of clients, patients,	2404
or other recipients of professional services except under	2405
specified circumstances or generally are required to maintain	2406
those types of confidences as privileged communications except	2407
under specified circumstances. Division (A)(2)(a) of this section	2408
does not require an attorney, physician, or other professional	2409
subject to a confidentiality requirement as described in division	2410
(A)(2)(c) of this section to disclose the name, other identity, or	2411
address of a client, patient, or other recipient of professional	2412
services if the disclosure would threaten the client, patient, or	2413
other recipient of professional services, would reveal details of	2414
the subject matter for which legal, medical, or professional	2415
advice or other services were sought, or would reveal an otherwise	2416
privileged communication involving the client, patient, or other	2417
recipient of professional services. Division (A)(2)(a) of this	2418
section does not require an attorney, physician, or other	2419
professional subject to a confidentiality requirement as described	2420
in division (A)(2)(c) of this section to disclose in the brief	2421
description of the nature of services required by division	2422
(A)(2)(a) of this section any information pertaining to specific	2423
professional services rendered for a client, patient, or other	2424
recipient of professional services that would reveal details of	2425
the subject matter for which legal, medical, or professional	2426
advice was sought or would reveal an otherwise privileged	2427
communication involving the client, patient, or other recipient of	2428
professional services.	2429

(3) The name of every corporation on file with the secretary	2430
of state that is incorporated in this state or holds a certificate	2431
of compliance authorizing it to do business in this state, trust,	2432
business trust, partnership, or association that transacts	2433
business in this state in which the person filing the statement or	2434
any other person for the person's use and benefit had during the	2435
preceding calendar year an investment of over one thousand dollars	2436
at fair market value as of the thirty-first day of December of the	2437
preceding calendar year, or the date of disposition, whichever is	2438
earlier, or in which the person holds any office or has a	2439
fiduciary relationship, and a description of the nature of the	2440
investment, office, or relationship. Division (A)(3) of this	2441
section does not require disclosure of the name of any bank,	2442
savings and loan association, credit union, or building and loan	2443
association with which the person filing the statement has a	2444
deposit or a withdrawable share account.	2445

(4) All fee simple and leasehold interests to which the	2446
person filing the statement holds legal title to or a beneficial	2447
interest in real property located within the state, excluding the	2448
person's residence and property used primarily for personal	2449
recreation;	2450

(5) The names of all persons residing or transacting business	2451
in the state to whom the person filing the statement owes, in the	2452
person's own name or in the name of any other person, more than	2453
one thousand dollars. Division (A)(5) of this section shall not be	2454
construed to require the disclosure of debts owed by the person	2455
resulting from the ordinary conduct of a business or profession or	2456
debts on the person's residence or real property used primarily	2457
for personal recreation, except that the superintendent of	2458
financial institutions shall disclose the names of all	2459
state-chartered savings and loan associations and of all service	2460
corporations subject to regulation under division (E)(2) of	2461
section 1151.34 of the Revised Code to whom the superintendent in	2462
the superintendent's own name or in the name of any other person	2463
owes any money, and that the superintendent and any deputy	2464
superintendent of banks shall disclose the names of all	2465
state-chartered banks and all bank subsidiary corporations subject	2466
to regulation under section 1109.44 of the Revised Code to whom	2467
the superintendent or deputy superintendent owes any money.	2468

(6) The names of all persons residing or transacting business	2469
in the state, other than a depository excluded under division	2470
(A)(3) of this section, who owe more than one thousand dollars to	2471
the person filing the statement, either in the person's own name	2472
or to any person for the person's use or benefit. Division (A)(6)	2473
of this section shall not be construed to require the disclosure	2474
of clients of attorneys or persons licensed under section 4732.12	2475
or 4732.15 of the Revised Code, or patients of persons certified	2476
under section 4731.14 of the Revised Code, nor the disclosure of	2477
debts owed to the person resulting from the ordinary conduct of a	2478
business or profession.	2479

(7) Except as otherwise provided in section 102.022 of the	2480
Revised Code, the source of each gift of over seventy-five	2481
dollars, or of each gift of over twenty-five dollars received by a	2482
member of the general assembly from a legislative agent, received	2483
by the person in the person's own name or by any other person for	2484
the person's use or benefit during the preceding calendar year,	2485
except gifts received by will or by virtue of section 2105.06 of	2486
the Revised Code, or received from spouses, parents, grandparents,	2487
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	2488
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	2489
fathers-in-law, mothers-in-law, or any person to whom the person	2490
filing the statement stands in loco parentis, or received by way	2491
of distribution from any inter vivos or testamentary trust	2492
established by a spouse or by an ancestor;	2493

(8) Except as otherwise provided in section 102.022 of the	2494
Revised Code, identification of the source and amount of every	2495
payment of expenses incurred for travel to destinations inside or	2496
outside this state that is received by the person in the person's	2497
own name or by any other person for the person's use or benefit	2498
and that is incurred in connection with the person's official	2499
duties, except for expenses for travel to meetings or conventions	2500
of a national or state organization to which any state agency,	2501
including, but not limited to, any legislative agency or state	2502
institution of higher education as defined in section 3345.011 of	2503
the Revised Code, pays membership dues, or any political	2504
subdivision or any office or agency of a political subdivision	2505
pays membership dues;	2506

(9) Except as otherwise provided in section 102.022 of the	2507
Revised Code, identification of the source of payment of expenses	2508
for meals and other food and beverages, other than for meals and	2509
other food and beverages provided at a meeting at which the person	2510
participated in a panel, seminar, or speaking engagement or at a	2511
meeting or convention of a national or state organization to which	2512
any state agency, including, but not limited to, any legislative	2513
agency or state institution of higher education as defined in	2514
section 3345.011 of the Revised Code, pays membership dues, or any	2515
political subdivision or any office or agency of a political	2516
subdivision pays membership dues, that are incurred in connection	2517
with the person's official duties and that exceed one hundred	2518
dollars aggregated per calendar year;	2519

(10) If the disclosure statement is filed by a public	2520
official or employee described in division (B)(2) of section	2521
101.73 of the Revised Code or division (B)(2) of section 121.63 of	2522
the Revised Code who receives a statement from a legislative	2523
agent, executive agency lobbyist, or employer that contains the	2524
information described in division (F)(2) of section 101.73 of the	2525
Revised Code or division (G)(2) of section 121.63 of the Revised	2526
Code, all of the nondisputed information contained in the	2527
statement delivered to that public official or employee by the	2528
legislative agent, executive agency lobbyist, or employer under	2529
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2530
the Revised Code.	2531

A person may file a statement required by this section in	2532
person or, by mail, or by electronic means. A person who is a	2533
candidate for elective office shall file the statement no later	2534
than the thirtieth day before the primary, special, or general	2535
election at which the candidacy is to be voted on, whichever	2536
election occurs soonest, except that a person who is a write-in	2537
candidate shall file the statement no later than the twentieth day	2538
before the earliest election at which the person's candidacy is to	2539
be voted on. A person who holds elective office shall file the	2540
statement on or before the fifteenth day of April of each year	2541
unless the person is a candidate for office. A person who is	2542
appointed to fill a vacancy for an unexpired term in an elective	2543
office shall file the statement within fifteen days after the	2544
person qualifies for office. Other persons shall file an annual	2545
statement on or before the fifteenth day of April or, if appointed	2546
or employed after that date, within ninety days after appointment	2547
or employment. No person shall be required to file with the	2548
appropriate ethics commission more than one statement or pay more	2549
than one filing fee for any one calendar year.	2550

The appropriate ethics commission, for good cause, may extend	2551
for a reasonable time the deadline for filing a statement under	2552
this section.	2553

A statement filed under this section is subject to public	2554
inspection at locations designated by the appropriate ethics	2555
commission except as otherwise provided in this section.	2556

(B) The Ohio ethics commission, the joint legislative ethics	2557
committee, and the board of commissioners on grievances and	2558
discipline of the supreme court, using the rule-making procedures	2559
of Chapter 119. of the Revised Code, may require any class of	2560
public officials or employees under its jurisdiction and not	2561
specifically excluded by this section whose positions involve a	2562
substantial and material exercise of administrative discretion in	2563
the formulation of public policy, expenditure of public funds,	2564
enforcement of laws and rules of the state or a county or city, or	2565
the execution of other public trusts, to file an annual statement	2566
on or before the fifteenth day of April under division (A) of this	2567
section. The appropriate ethics commission shall send the public	2568
officials or employees written notice of the requirement by the	2569
fifteenth day of February of each year the filing is required	2570
unless the public official or employee is appointed after that	2571
date, in which case the notice shall be sent within thirty days	2572
after appointment, and the filing shall be made not later than	2573
ninety days after appointment.	2574

Except for disclosure statements filed by members of the	2575
board of trustees and the executive director of the southern Ohio	2576
agricultural and community development foundation, disclosure	2577
statements filed under this division with the Ohio ethics	2578
commission by members of boards, commissions, or bureaus of the	2579
state for which no compensation is received other than reasonable	2580
and necessary expenses shall be kept confidential. Disclosure	2581
statements filed with the Ohio ethics commission under division	2582
(A) of this section by business managers, treasurers, and	2583
superintendents of city, local, exempted village, joint	2584
vocational, or cooperative education school districts or	2585
educational service centers shall be kept confidential, except	2586
that any person conducting an audit of any such school district or	2587
educational service center pursuant to section 115.56 or Chapter	2588
117. of the Revised Code may examine the disclosure statement of	2589
any business manager, treasurer, or superintendent of that school	2590
district or educational service center. Disclosure statements	2591
filed with the Ohio ethics commission under division (A) of this	2592
section by the individuals set forth in division (B)(2) of section	2593
187.03 of the Revised Code shall be kept confidential. The Ohio	2594
ethics commission shall examine each disclosure statement required	2595
to be kept confidential to determine whether a potential conflict	2596
of interest exists for the person who filed the disclosure	2597
statement. A potential conflict of interest exists if the private	2598
interests of the person, as indicated by the person's disclosure	2599
statement, might interfere with the public interests the person is	2600
required to serve in the exercise of the person's authority and	2601
duties in the person's office or position of employment. If the	2602
commission determines that a potential conflict of interest	2603
exists, it shall notify the person who filed the disclosure	2604
statement and shall make the portions of the disclosure statement	2605
that indicate a potential conflict of interest subject to public	2606
inspection in the same manner as is provided for other disclosure	2607
statements. Any portion of the disclosure statement that the	2608
commission determines does not indicate a potential conflict of	2609
interest shall be kept confidential by the commission and shall	2610
not be made subject to public inspection, except as is necessary	2611
for the enforcement of Chapters 102. and 2921. of the Revised Code	2612
and except as otherwise provided in this division.	2613

(C) No person shall knowingly fail to file, on or before the	2614
applicable filing deadline established under this section, a	2615
statement that is required by this section.	2616

(D) No person shall knowingly file a false statement that is	2617
required to be filed under this section.	2618

(E)(1) Except as provided in divisions (E)(2) and (3) of this	2619
section, the statement required by division (A) or (B) of this	2620
section shall be accompanied by a filing fee of sixty dollars.	2621

(2) The statement required by division (A) of this section	2622
shall be accompanied by the following filing fee to be paid by the	2623
person who is elected or appointed to, or is a candidate for, any	2624
of the following offices:	2625

For state office, except member of the		2626
state board of education	$95	2627
For office of member of general assembly	$40	2628
For county office	$60	2629
For city office	$35	2630
For township office	$35	2631
For office of member of the state board		2632
of education	$35	2633
For office of member of a city, local,		2634
exempted village, or cooperative		2635
education board of		2636
education or educational service		2637
center governing board	$30	2638
For position of business manager,		2639
treasurer, or superintendent of a		2640
city, local, exempted village, joint		2641
vocational, or cooperative education		2642
school district or		2643
educational service center	$30	2644

(3) No judge of a court of record or candidate for judge of a	2645
court of record, and no referee or magistrate serving a court of	2646
record, shall be required to pay the fee required under division	2647
(E)(1) or (2) or (F) of this section.	2648

(4) For any public official who is appointed to a nonelective	2649
office of the state and for any employee who holds a nonelective	2650
position in a public agency of the state, the state agency that is	2651
the primary employer of the state official or employee shall pay	2652
the fee required under division (E)(1) or (F) of this section.	2653

(F) If a statement required to be filed under this section is	2654
not filed by the date on which it is required to be filed, the	2655
appropriate ethics commission shall assess the person required to	2656
file the statement a late filing fee of ten dollars for each day	2657
the statement is not filed, except that the total amount of the	2658
late filing fee shall not exceed two hundred fifty dollars.	2659

(G)(1) The appropriate ethics commission other than the Ohio	2660
ethics commission and the joint legislative ethics committee shall	2661
deposit all fees it receives under divisions (E) and (F) of this	2662
section into the general revenue fund of the state.	2663

(2) The Ohio ethics commission shall deposit all receipts,	2664
including, but not limited to, fees it receives under divisions	2665
(E) and (F) of this section, investigative or other fees, costs,	2666
or other funds it receives as a result of court orders, and all	2667
moneys it receives from settlements under division (G) of section	2668
102.06 of the Revised Code, into the Ohio ethics commission fund,	2669
which is hereby created in the state treasury. All moneys credited	2670
to the fund shall be used solely for expenses related to the	2671
operation and statutory functions of the commission.	2672

(3) The joint legislative ethics committee shall deposit all	2673
receipts it receives from the payment of financial disclosure	2674
statement filing fees under divisions (E) and (F) of this section	2675
into the joint legislative ethics committee investigative fund.	2676

(H) Division (A) of this section does not apply to a person	2677
elected or appointed to the office of precinct, ward, or district	2678
committee member under Chapter 3517. of the Revised Code; a	2679
presidential elector; a delegate to a national convention; village	2680
~~or township~~ officials and employees; township officials of a	2681
township with a population of less than five thousand, as	2682
determined by the most recent decennial census; all township	2683
employees; any physician or psychiatrist who is paid a salary or	2684
wage in accordance with schedule C of section 124.15 or schedule	2685
E-2 of section 124.152 of the Revised Code and whose primary	2686
duties do not require the exercise of administrative discretion;	2687
or any member of a board, commission, or bureau of any county or	2688
city who receives less than one thousand dollars per year for	2689
serving in that position.	2690

Sec. 103.0521. If a rule currently in effect is obsolete	2691
because the rule was adopted by an agency that is no longer in	2692
existence and jurisdiction over the rule has not been transferred	2693
to another agency, and if that status is verified by the executive	2694
director of the joint committee on agency rule review, the	2695
executive director shall prepare, for consideration of the joint	2696
committee, a motion that the director of the legislative service	2697
commission remove the obsolete rule from the Administrative Code.	2698

The chairperson of the joint committee, or another member of	2699
the joint committee delegated by the chairperson, shall offer the	2700
motion at the next meeting of the joint committee. If the motion	2701
is agreed to by the joint committee, the executive director shall	2702
transmit a copy of the motion to the director of the legislative	2703
service commission. The executive director shall certify on the	2704
copy transmitted that the motion was agreed to by the joint	2705
committee.	2706

Upon receiving the certified motion, the director of the	2707
legislative service commission shall remove the obsolete rule from	2708
the Administrative Code as directed in the motion. The director	2709
thereafter shall maintain the removed obsolete rule in a file of	2710
obsolete rules. The file of obsolete rules may be maintained in	2711
electronic form.	2712

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2713
Revised Code:	2714

(A) "Mandated benefit" means the following, when considered	2715
in the context of a sickness and accident insurance policy or a	2716
health insuring corporation policy, contract, or agreement:	2717

(1) Any required coverage for a specific medical or	2718
health-related service, treatment, medication, or practice;	2719

(2) Any required coverage for the services of specific health	2720
care providers;	2721

(3) Any requirement that an insurer or health insuring	2722
corporation offer coverage to specific individuals or groups;	2723

(4) Any requirement that an insurer or health insuring	2724
corporation offer specific medical or health-related services,	2725
treatments, medications, or practices to existing insureds or	2726
enrollees;	2727

(5) Any required expansion of, or addition to, existing	2728
coverage;	2729

(6) Any mandated reimbursement amount to specific health care	2730
providers.	2731

(B) "Mandated benefit" does not include any required coverage	2732
or offer of coverage, any required expansion of, or addition to,	2733
existing coverage, or any mandated reimbursement amount to	2734
specific providers, as described in division (A) of this section,	2735
within the context of any public health benefits arrangement,	2736
including but not limited to, the coverage of beneficiaries	2737
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2738
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2739
medicare risk contract or medicare cost contract, or to the	2740
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2741
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2742
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2743
~~the Ohio department of job and family services under Chapter 5111.~~	2744
~~of the Revised Code~~.	2745

Sec. 103.63. There is established an Ohio constitutional	2746
modernization commission consisting of thirty-two members. Twelve	2747
members shall be appointed from the general assembly as follows:	2748
three by the president of the senate, three by the minority leader	2749
of the senate, three by the speaker of the house of	2750
representatives, and three by the minority leader of the house of	2751
representatives. Not later than January 1, 2012, and every two	2752
years thereafter, the twelve general assembly members shall meet,	2753
organize, and elect two co-chairpersons, who shall be from	2754
different political parties. Beginning in 2014, the twelve general	2755
assembly members shall elect one co-chairperson from each house of	2756
the general assembly. The members shall then, by majority vote,	2757
appoint twenty commission members, not from the general assembly.	2758
All appointments shall end on the first day of January of every	2759
even-numbered year, and the commission shall then be re-created in	2760
the manner provided above. Members may be reappointed. Vacancies	2761
on the commission shall be filled in the manner provided for	2762
original appointments.	2763

The members of the commission shall serve without	2764
compensation, but each member shall be reimbursed for actual and	2765
necessary expenses incurred while engaging in the performance of	2766
the member's official duties. Membership on the commission does	2767
not constitute holding another public office. The joint	2768
legislative ethics committee is the appropriate ethics commission	2769
as described in division (F) of section 102.01 of the Revised Code	2770
for matters relating to the public members appointed to the Ohio	2771
constitutional modernization commission.	2772

Sec. 103.83. State-issued payment cards used by the general	2773
assembly or any legislative agency of this state shall be subject	2774
to a single-item purchase limit of ten thousand dollars and the	2775
monthly spending limit imposed by the office of budget and	2776
management on all other payment cardholders. Payment on a card	2777
used by the general assembly or a legislative agency shall not be	2778
required earlier than thirty days after the date of a transaction.	2779

Sec. 107.033. As part of the state budget the governor	2780
submits to the general assembly under section 107.03 of the	2781
Revised Code, the governor shall include the state appropriation	2782
limitations the general assembly shall not exceed when making	2783
aggregate general revenue fund appropriations for each respective	2784
fiscal year of the biennium covered by that budget. The aggregate	2785
general revenue fund appropriations the governor proposes in the	2786
state budget also shall not exceed those limitations for each	2787
respective fiscal year of the biennium covered by that budget.	2788

(A) For fiscal year 2008, the state appropriation limitation	2789
is the sum of the following:	2790

(1) The aggregate general revenue fund appropriations for	2791
fiscal year 2007; plus	2792

(2) The aggregate general revenue fund appropriations for	2793
fiscal year 2007 multiplied by either three and one-half per cent,	2794
or the sum of the rate of inflation plus the rate of population	2795
change, whichever is greater.	2796

(B) For each fiscal year thereafter that is not a recast	2797
fiscal year, the state appropriation limitation is the sum of the	2798
following:	2799

(1) The state appropriation limitation for the previous	2800
fiscal year; plus	2801

(2) The state appropriation limitation for the previous	2802
fiscal year multiplied by either three and one-half per cent, or	2803
the sum of the rate of inflation plus the rate of population	2804
change, whichever is greater.	2805

(C) For each recast fiscal year, the state appropriation	2806
limitation is the sum of the following:	2807

(1) The aggregate general revenue fund appropriations for the	2808
previous fiscal year; plus	2809

(2) The aggregate general revenue fund appropriations for the	2810
previous fiscal year multiplied by either three and one-half per	2811
cent, or the sum of the rate of inflation plus the rate of	2812
population change, whichever is greater.	2813

(D) The state appropriation limitation for a fiscal year	2814
shall be increased by the amount of a nongeneral revenue fund	2815
appropriation made in the immediately preceding fiscal year, if	2816
all of the following apply to the nongeneral revenue fund	2817
appropriation:	2818

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

2819

(2) It is included in the aggregate general revenue fund	2820
appropriations proposed for that fiscal year.	2821

(3) It is being made for the first time from the general	2822
revenue fund.	2823

Sec. 107.12. (A) As used in this section, "organization"	2824
means a faith-based or other organization that is exempt from	2825
federal income taxation under section 501(c)(3) of the "Internal	2826
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2827
and provides charitable services to needy residents of this state.	2828

(B) There is hereby established within the office of the	2829
governor the governor's office of faith-based and community	2830
initiatives. The office shall:	2831

(1) Serve as a clearinghouse of information on federal,	2832
state, and local funding for charitable services performed by	2833
organizations;	2834

(2) Encourage organizations to seek public funding for their	2835
charitable services;	2836

(3) Assist local, state, and federal agencies in coordinating	2837
their activities to secure maximum use of funds and efforts that	2838
benefit people receiving charitable services from organizations;	2839

(4) Advise the governor, general assembly, and the advisory	2840
board of the governor's office of faith-based and community	2841
initiatives on the barriers that exist to collaboration between	2842
organizations and governmental entities and on ways to remove the	2843
barriers.	2844

(C) The governor shall appoint an executive director and such	2845
other staff as may be necessary to manage the office and perform	2846
or oversee the performance of the duties of the office. Within	2847
sixty days after being appointed, and every twelve months	2848
thereafter, the executive director shall distribute to the	2849
advisory board and review with the board a strategic plan. The	2850
executive director shall report to the board at least quarterly on	2851
proposed initiatives and policies. A report shall include the	2852
condition of the budget and the finances of the office.	2853

(D)(1) There is hereby created the advisory board of the	2854
governor's office of faith-based and community initiatives. The	2855
board shall consist of the following members:	2856

(a) The directors of aging, ~~alcohol and drug addiction~~	2857
~~services,~~ rehabilitation and correction, health, job and family	2858
services, developmental disabilities, ~~mental health~~mental health	2859
and addiction services, and youth services, or their designees;	2860

(b) The speaker of the house of representatives shall appoint	2861
to the board two members of the house of representatives, not more	2862
than one of whom shall be from the same political party and at	2863
least one of whom shall be from the legislative black caucus. The	2864
president of the senate shall appoint to the board two members of	2865
the senate, not more than one of whom shall be from the same	2866
political party.	2867

(c) The governor, the speaker of the house of	2868
representatives, and the president of the senate shall each	2869
appoint to the board three representatives of the nonprofit,	2870
faith-based and other nonprofit community.	2871

(2) Terms of the office shall be one year. Any vacancy that	2872
occurs on the board shall be filled in the same manner as the	2873
original appointment.	2874

(3) Members of the board are not entitled to compensation,	2875
but the members appointed by the governor, the speaker of the	2876
house of representatives, and the president of the senate who are	2877
representatives of the nonprofit, faith-based and other nonprofit	2878
community shall be reimbursed for their actual and necessary	2879
expenses that are incurred in relation to board meetings.	2880

(4) The board shall be presided over by a chairperson and a	2881
vice-chairperson, who shall be the members of the board who are	2882
also members of the house of representatives or the senate.	2883
Annually on the first day of January, the chairpersonship and	2884
vice-chairpersonship shall alternate between the members of the	2885
house of representatives and the senate.	2886

(E) The board shall have the following duties:

2887

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

2888

(2) Assist in the dissemination of information about, and in	2889
the stimulation of public awareness of, the service programs	2890
supported by the office;	2891

(3) Review the budget and finances of the office, proposed	2892
initiatives and policies, and the executive director's annual	2893
strategic plan at board meetings;	2894

(4) Provide feedback for and proposed modifications of the	2895
executive director's strategic plan. Within forty-five days after	2896
submitting a strategic plan, the executive director shall contact	2897
each advisory board member to obtain feedback. With the approval	2898
of the advisory board chairperson, the executive director shall	2899
lead a strategic plan discussion at the first board meeting	2900
following the distribution of the strategic plan.	2901

(5) Publish a report of its activities and accomplishments on	2902
or before the first day of August of each year, and deliver copies	2903
of the report to the governor, the speaker and minority leader of	2904
the house of representatives, and the president and minority	2905
leader of the senate.	2906

(F) No member of the board or organization that the member is	2907
affiliated or involved with is eligible to receive any grant that	2908
the office administers or assists in administering.	2909

Sec. 109.06. Before entering upon the discharge of the	2910
duties of ~~his~~ office, the attorney general shall give a bond to	2911
the state in the sum of five thousand dollars, with ~~two or more~~	2912
~~sureties approved by the governor~~a surety authorized to do	2913
business in the state, conditioned for the faithful discharge of	2914
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2915
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2916
~~thereon,~~ shall be deposited with and kept by the secretary of	2917
state ~~and kept~~ in ~~his~~the secretary of state's office.	2918

The first assistant attorney general shall give a bond to the	2919
state in the sum of five thousand dollars, and such other	2920
employees as are designated by the attorney general shall give a	2921
bond to the state in such amounts as the attorney general	2922
determines. Such bonds shall be approved by the attorney general,	2923
conditioned for the faithful discharge of the duties of their	2924
offices, and shall be deposited with and kept by the secretary of	2925
state ~~and kept~~ in ~~his~~the secretary of state's office.	2926

Sec. 109.36. As used in this section and sections 109.361 to	2927
109.366 of the Revised Code:	2928

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

2929

(a) A person who, at the time a cause of action against the	2930
person arises, is serving in an elected or appointed office or	2931
position with the state or is employed by the state.	2932

(b) A person that, at the time a cause of action against the	2933
person, partnership, or corporation arises, is rendering medical,	2934
nursing, dental, podiatric, optometric, physical therapeutic,	2935
psychiatric, or psychological services pursuant to a personal	2936
services contract or purchased service contract with a department,	2937
agency, or institution of the state.	2938

(c) A person that, at the time a cause of action against the	2939
person, partnership, or corporation arises, is rendering peer	2940
review, utilization review, or drug utilization review services in	2941
relation to medical, nursing, dental, podiatric, optometric,	2942
physical therapeutic, psychiatric, or psychological services	2943
pursuant to a personal services contract or purchased service	2944
contract with a department, agency, or institution of the state.	2945

(d) A person who, at the time a cause of action against the	2946
person arises, is rendering medical, nursing, dental, podiatric,	2947
optometric, physical therapeutic, psychiatric, or psychological	2948
services to patients in a state institution operated by the	2949
department of ~~mental health~~mental health and addiction services	2950
pursuant to an agreement with the department.	2951

(2) "Officer or employee" does not include any person	2952
elected, appointed, or employed by any political subdivision of	2953
the state.	2954

(B) "State" means the state of Ohio, including but not	2955
limited to, the general assembly, the supreme court, courts of	2956
appeals, the offices of all elected state officers, and all	2957
departments, boards, offices, commissions, agencies, institutions,	2958
and other instrumentalities of the state of Ohio. "State" does not	2959
include political subdivisions.	2960

(C) "Political subdivisions" of the state means municipal	2961
corporations, townships, counties, school districts, and all other	2962
bodies corporate and politic responsible for governmental	2963
activities only in geographical areas smaller than that of the	2964
state.	2965

(D) "Employer" means the general assembly, the supreme court,	2966
courts of appeals, any office of an elected state officer, or any	2967
department, board, office, commission, agency, institution, or	2968
other instrumentality of the state of Ohio that employs or	2969
contracts with an officer or employee or to which an officer or	2970
employee is elected or appointed.	2971

Sec. 109.57. (A)(1) The superintendent of the bureau of	2972
criminal identification and investigation shall procure from	2973
wherever procurable and file for record photographs, pictures,	2974
descriptions, fingerprints, measurements, and other information	2975
that may be pertinent of all persons who have been convicted of	2976
committing within this state a felony, any crime constituting a	2977
misdemeanor on the first offense and a felony on subsequent	2978
offenses, or any misdemeanor described in division (A)(1)(a),	2979
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2980
all children under eighteen years of age who have been adjudicated	2981
delinquent children for committing within this state an act that	2982
would be a felony or an offense of violence if committed by an	2983
adult or who have been convicted of or pleaded guilty to	2984
committing within this state a felony or an offense of violence,	2985
and of all well-known and habitual criminals. The person in charge	2986
of any county, multicounty, municipal, municipal-county, or	2987
multicounty-municipal jail or workhouse, community-based	2988
correctional facility, halfway house, alternative residential	2989
facility, or state correctional institution and the person in	2990
charge of any state institution having custody of a person	2991
suspected of having committed a felony, any crime constituting a	2992
misdemeanor on the first offense and a felony on subsequent	2993
offenses, or any misdemeanor described in division (A)(1)(a),	2994
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2995
having custody of a child under eighteen years of age with respect	2996
to whom there is probable cause to believe that the child may have	2997
committed an act that would be a felony or an offense of violence	2998
if committed by an adult shall furnish such material to the	2999
superintendent of the bureau. Fingerprints, photographs, or other	3000
descriptive information of a child who is under eighteen years of	3001
age, has not been arrested or otherwise taken into custody for	3002
committing an act that would be a felony or an offense of violence	3003
who is not in any other category of child specified in this	3004
division, if committed by an adult, has not been adjudicated a	3005
delinquent child for committing an act that would be a felony or	3006
an offense of violence if committed by an adult, has not been	3007
convicted of or pleaded guilty to committing a felony or an	3008
offense of violence, and is not a child with respect to whom there	3009
is probable cause to believe that the child may have committed an	3010
act that would be a felony or an offense of violence if committed	3011
by an adult shall not be procured by the superintendent or	3012
furnished by any person in charge of any county, multicounty,	3013
municipal, municipal-county, or multicounty-municipal jail or	3014
workhouse, community-based correctional facility, halfway house,	3015
alternative residential facility, or state correctional	3016
institution, except as authorized in section 2151.313 of the	3017
Revised Code.	3018

(2) Every clerk of a court of record in this state, other	3019
than the supreme court or a court of appeals, shall send to the	3020
superintendent of the bureau a weekly report containing a summary	3021
of each case involving a felony, involving any crime constituting	3022
a misdemeanor on the first offense and a felony on subsequent	3023
offenses, involving a misdemeanor described in division (A)(1)(a),	3024
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	3025
involving an adjudication in a case in which a child under	3026
eighteen years of age was alleged to be a delinquent child for	3027
committing an act that would be a felony or an offense of violence	3028
if committed by an adult. The clerk of the court of common pleas	3029
shall include in the report and summary the clerk sends under this	3030
division all information described in divisions (A)(2)(a) to (f)	3031
of this section regarding a case before the court of appeals that	3032
is served by that clerk. The summary shall be written on the	3033
standard forms furnished by the superintendent pursuant to	3034
division (B) of this section and shall include the following	3035
information:	3036

(a) The incident tracking number contained on the standard	3037
forms furnished by the superintendent pursuant to division (B) of	3038
this section;	3039

(b) The style and number of the case;

3040

3041

(d) The date that the person was convicted of or pleaded	3042
guilty to the offense, adjudicated a delinquent child for	3043
committing the act that would be a felony or an offense of	3044
violence if committed by an adult, found not guilty of the	3045
offense, or found not to be a delinquent child for committing an	3046
act that would be a felony or an offense of violence if committed	3047
by an adult, the date of an entry dismissing the charge, an entry	3048
declaring a mistrial of the offense in which the person is	3049
discharged, an entry finding that the person or child is not	3050
competent to stand trial, or an entry of a nolle prosequi, or the	3051
date of any other determination that constitutes final resolution	3052
of the case;	3053

(e) A statement of the original charge with the section of	3054
the Revised Code that was alleged to be violated;	3055

(f) If the person or child was convicted, pleaded guilty, or	3056
was adjudicated a delinquent child, the sentence or terms of	3057
probation imposed or any other disposition of the offender or the	3058
delinquent child.	3059

If the offense involved the disarming of a law enforcement	3060
officer or an attempt to disarm a law enforcement officer, the	3061
clerk shall clearly state that fact in the summary, and the	3062
superintendent shall ensure that a clear statement of that fact is	3063
placed in the bureau's records.	3064

(3) The superintendent shall cooperate with and assist	3065
sheriffs, chiefs of police, and other law enforcement officers in	3066
the establishment of a complete system of criminal identification	3067
and in obtaining fingerprints and other means of identification of	3068
all persons arrested on a charge of a felony, any crime	3069
constituting a misdemeanor on the first offense and a felony on	3070
subsequent offenses, or a misdemeanor described in division	3071
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	3072
Revised Code and of all children under eighteen years of age	3073
arrested or otherwise taken into custody for committing an act	3074
that would be a felony or an offense of violence if committed by	3075
an adult. The superintendent also shall file for record the	3076
fingerprint impressions of all persons confined in a county,	3077
multicounty, municipal, municipal-county, or multicounty-municipal	3078
jail or workhouse, community-based correctional facility, halfway	3079
house, alternative residential facility, or state correctional	3080
institution for the violation of state laws and of all children	3081
under eighteen years of age who are confined in a county,	3082
multicounty, municipal, municipal-county, or multicounty-municipal	3083
jail or workhouse, community-based correctional facility, halfway	3084
house, alternative residential facility, or state correctional	3085
institution or in any facility for delinquent children for	3086
committing an act that would be a felony or an offense of violence	3087
if committed by an adult, and any other information that the	3088
superintendent may receive from law enforcement officials of the	3089
state and its political subdivisions.	3090

(4) The superintendent shall carry out Chapter 2950. of the	3091
Revised Code with respect to the registration of persons who are	3092
convicted of or plead guilty to a sexually oriented offense or a	3093
child-victim oriented offense and with respect to all other duties	3094
imposed on the bureau under that chapter.	3095

(5) The bureau shall perform centralized recordkeeping	3096
functions for criminal history records and services in this state	3097
for purposes of the national crime prevention and privacy compact	3098
set forth in section 109.571 of the Revised Code and is the	3099
criminal history record repository as defined in that section for	3100
purposes of that compact. The superintendent or the	3101
superintendent's designee is the compact officer for purposes of	3102
that compact and shall carry out the responsibilities of the	3103
compact officer specified in that compact.	3104

(B) The superintendent shall prepare and furnish to every	3105
county, multicounty, municipal, municipal-county, or	3106
multicounty-municipal jail or workhouse, community-based	3107
correctional facility, halfway house, alternative residential	3108
facility, or state correctional institution and to every clerk of	3109
a court in this state specified in division (A)(2) of this section	3110
standard forms for reporting the information required under	3111
division (A) of this section. The standard forms that the	3112
superintendent prepares pursuant to this division may be in a	3113
tangible format, in an electronic format, or in both tangible	3114
formats and electronic formats.	3115

(C)(1) The superintendent may operate a center for	3116
electronic, automated, or other data processing for the storage	3117
and retrieval of information, data, and statistics pertaining to	3118
criminals and to children under eighteen years of age who are	3119
adjudicated delinquent children for committing an act that would	3120
be a felony or an offense of violence if committed by an adult,	3121
criminal activity, crime prevention, law enforcement, and criminal	3122
justice, and may establish and operate a statewide communications	3123
network to be known as the Ohio law enforcement gateway to gather	3124
and disseminate information, data, and statistics for the use of	3125
law enforcement agencies and for other uses specified in this	3126
division. The superintendent may gather, store, retrieve, and	3127
disseminate information, data, and statistics that pertain to	3128
children who are under eighteen years of age and that are gathered	3129
pursuant to sections 109.57 to 109.61 of the Revised Code together	3130
with information, data, and statistics that pertain to adults and	3131
that are gathered pursuant to those sections.	3132

(2) The superintendent or the superintendent's designee shall	3133
gather information of the nature described in division (C)(1) of	3134
this section that pertains to the offense and delinquency history	3135
of a person who has been convicted of, pleaded guilty to, or been	3136
adjudicated a delinquent child for committing a sexually oriented	3137
offense or a child-victim oriented offense for inclusion in the	3138
state registry of sex offenders and child-victim offenders	3139
maintained pursuant to division (A)(1) of section 2950.13 of the	3140
Revised Code and in the internet database operated pursuant to	3141
division (A)(13) of that section and for possible inclusion in the	3142
internet database operated pursuant to division (A)(11) of that	3143
section.	3144

(3) In addition to any other authorized use of information,	3145
data, and statistics of the nature described in division (C)(1) of	3146
this section, the superintendent or the superintendent's designee	3147
may provide and exchange the information, data, and statistics	3148
pursuant to the national crime prevention and privacy compact as	3149
described in division (A)(5) of this section.	3150

(4) The attorney general may adopt rules under Chapter 119.	3151
of the Revised Code establishing guidelines for the operation of	3152
and participation in the Ohio law enforcement gateway. The rules	3153
may include criteria for granting and restricting access to	3154
information gathered and disseminated through the Ohio law	3155
enforcement gateway. The attorney general shall permit the state	3156
medical board and board of nursing to access and view, but not	3157
alter, information gathered and disseminated through the Ohio law	3158
enforcement gateway.	3159

The attorney general may appoint a steering committee to	3160
advise the attorney general in the operation of the Ohio law	3161
enforcement gateway that is comprised of persons who are	3162
representatives of the criminal justice agencies in this state	3163
that use the Ohio law enforcement gateway and is chaired by the	3164
superintendent or the superintendent's designee.	3165

(D)(1) The following are not public records under section	3166
149.43 of the Revised Code:	3167

(a) Information and materials furnished to the superintendent	3168
pursuant to division (A) of this section;	3169

(b) Information, data, and statistics gathered or	3170
disseminated through the Ohio law enforcement gateway pursuant to	3171
division (C)(1) of this section;	3172

(c) Information and materials furnished to any board or	3173
person under division (F) or (G) of this section.	3174

(2) The superintendent or the superintendent's designee shall	3175
gather and retain information so furnished under division (A) of	3176
this section that pertains to the offense and delinquency history	3177
of a person who has been convicted of, pleaded guilty to, or been	3178
adjudicated a delinquent child for committing a sexually oriented	3179
offense or a child-victim oriented offense for the purposes	3180
described in division (C)(2) of this section.	3181

(E)(1) The attorney general shall adopt rules, in accordance	3182
with Chapter 119. of the Revised Code and subject to division	3183
(E)(2) of this section, setting forth the procedure by which a	3184
person may receive or release information gathered by the	3185
superintendent pursuant to division (A) of this section. A	3186
reasonable fee may be charged for this service. If a temporary	3187
employment service submits a request for a determination of	3188
whether a person the service plans to refer to an employment	3189
position has been convicted of or pleaded guilty to an offense	3190
listed or described in division (A)(1), (2), or (3) of section	3191
109.572 of the Revised Code, the request shall be treated as a	3192
single request and only one fee shall be charged.	3193

(2) Except as otherwise provided in this division, a rule	3194
adopted under division (E)(1) of this section may provide only for	3195
the release of information gathered pursuant to division (A) of	3196
this section that relates to the conviction of a person, or a	3197
person's plea of guilty to, a criminal offense. The superintendent	3198
shall not release, and the attorney general shall not adopt any	3199
rule under division (E)(1) of this section that permits the	3200
release of, any information gathered pursuant to division (A) of	3201
this section that relates to an adjudication of a child as a	3202
delinquent child, or that relates to a criminal conviction of a	3203
person under eighteen years of age if the person's case was	3204
transferred back to a juvenile court under division (B)(2) or (3)	3205
of section 2152.121 of the Revised Code and the juvenile court	3206
imposed a disposition or serious youthful offender disposition	3207
upon the person under either division, unless either of the	3208
following applies with respect to the adjudication or conviction:	3209

(a) The adjudication or conviction was for a violation of	3210
section 2903.01 or 2903.02 of the Revised Code.	3211

(b) The adjudication or conviction was for a sexually	3212
oriented offense, the juvenile court was required to classify the	3213
child a juvenile offender registrant for that offense under	3214
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3215
classification has not been removed.	3216

(F)(1) As used in division (F)(2) of this section, "head	3217
start agency" means an entity in this state that has been approved	3218
to be an agency for purposes of subchapter II of the "Community	3219
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3220
as amended.	3221

(2)(a) In addition to or in conjunction with any request that	3222
is required to be made under section 109.572, 2151.86, 3301.32,	3223
3301.541, division (C) of section 3310.58, or section 3319.39,	3224
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	3225
5153.111 of the Revised Code or that is made under section	3226
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	3227
board of education of any school district; the director of	3228
developmental disabilities; any county board of developmental	3229
disabilities; any provider or subcontractor as defined in section	3230
5123.081 of the Revised Code; the chief administrator of any	3231
chartered nonpublic school; the chief administrator of a	3232
registered private provider that is not also a chartered nonpublic	3233
school; the chief administrator of any home health agency; the	3234
chief administrator of or person operating any child day-care	3235
center, type A family day-care home, or type B family day-care	3236
home licensed or certified under Chapter 5104. of the Revised	3237
Code; the administrator of any type C family day-care home	3238
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3239
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3240
general assembly; the chief administrator of any head start	3241
agency; the executive director of a public children services	3242
agency; a private company described in section 3314.41, 3319.392,	3243
3326.25, or 3328.20 of the Revised Code; or an employer described	3244
in division (J)(2) of section 3327.10 of the Revised Code may	3245
request that the superintendent of the bureau investigate and	3246
determine, with respect to any individual who has applied for	3247
employment in any position after October 2, 1989, or any	3248
individual wishing to apply for employment with a board of	3249
education may request, with regard to the individual, whether the	3250
bureau has any information gathered under division (A) of this	3251
section that pertains to that individual. On receipt of the	3252
request, subject to division (E)(2) of this section, the	3253
superintendent shall determine whether that information exists	3254
and, upon request of the person, board, or entity requesting	3255
information, also shall request from the federal bureau of	3256
investigation any criminal records it has pertaining to that	3257
individual. The superintendent or the superintendent's designee	3258
also may request criminal history records from other states or the	3259
federal government pursuant to the national crime prevention and	3260
privacy compact set forth in section 109.571 of the Revised Code.	3261
Within thirty days of the date that the superintendent receives a	3262
request, subject to division (E)(2) of this section, the	3263
superintendent shall send to the board, entity, or person a report	3264
of any information that the superintendent determines exists,	3265
including information contained in records that have been sealed	3266
under section 2953.32 of the Revised Code, and, within thirty days	3267
of its receipt, subject to division (E)(2) of this section, shall	3268
send the board, entity, or person a report of any information	3269
received from the federal bureau of investigation, other than	3270
information the dissemination of which is prohibited by federal	3271
law.	3272

(b) When a board of education or a registered private	3273
provider is required to receive information under this section as	3274
a prerequisite to employment of an individual pursuant to division	3275
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3276
may accept a certified copy of records that were issued by the	3277
bureau of criminal identification and investigation and that are	3278
presented by an individual applying for employment with the	3279
district in lieu of requesting that information itself. In such a	3280
case, the board shall accept the certified copy issued by the	3281
bureau in order to make a photocopy of it for that individual's	3282
employment application documents and shall return the certified	3283
copy to the individual. In a case of that nature, a district or	3284
provider only shall accept a certified copy of records of that	3285
nature within one year after the date of their issuance by the	3286
bureau.	3287

(c) Notwithstanding division (F)(2)(a) of this section, in	3288
the case of a request under section 3319.39, 3319.391, or 3327.10	3289
of the Revised Code only for criminal records maintained by the	3290
federal bureau of investigation, the superintendent shall not	3291
determine whether any information gathered under division (A) of	3292
this section exists on the person for whom the request is made.	3293

(3) The state board of education may request, with respect to	3294
any individual who has applied for employment after October 2,	3295
1989, in any position with the state board or the department of	3296
education, any information that a school district board of	3297
education is authorized to request under division (F)(2) of this	3298
section, and the superintendent of the bureau shall proceed as if	3299
the request has been received from a school district board of	3300
education under division (F)(2) of this section.	3301

(4) When the superintendent of the bureau receives a request	3302
for information under section 3319.291 of the Revised Code, the	3303
superintendent shall proceed as if the request has been received	3304
from a school district board of education and shall comply with	3305
divisions (F)(2)(a) and (c) of this section.	3306

(5) When a recipient of a classroom reading improvement grant	3307
paid under section 3301.86 of the Revised Code requests, with	3308
respect to any individual who applies to participate in providing	3309
any program or service funded in whole or in part by the grant,	3310
the information that a school district board of education is	3311
authorized to request under division (F)(2)(a) of this section,	3312
the superintendent of the bureau shall proceed as if the request	3313
has been received from a school district board of education under	3314
division (F)(2)(a) of this section.	3315

(G) In addition to or in conjunction with any request that is	3316
required to be made under section 3701.881, 3712.09, or 3721.121	3317
of the Revised Code with respect to an individual who has applied	3318
for employment in a position that involves providing direct care	3319
to an older adult or adult resident, the chief administrator of a	3320
home health agency, hospice care program, home licensed under	3321
Chapter 3721. of the Revised Code, or adult day-care program	3322
operated pursuant to rules adopted under section 3721.04 of the	3323
Revised Code may request that the superintendent of the bureau	3324
investigate and determine, with respect to any individual who has	3325
applied after January 27, 1997, for employment in a position that	3326
does not involve providing direct care to an older adult or adult	3327
resident, whether the bureau has any information gathered under	3328
division (A) of this section that pertains to that individual.	3329

In addition to or in conjunction with any request that is	3330
required to be made under section 173.27 of the Revised Code with	3331
respect to an individual who has applied for employment in a	3332
position that involves providing ~~ombudsperson~~ombudsman services	3333
to residents of long-term care facilities or recipients of	3334
community-based long-term care services, the state long-term care	3335
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	3336
of ~~health~~aging, a regional long-term care ombudsman, or the	3337
designee of the ombudsman, director, or program may request that	3338
the superintendent investigate and determine, with respect to any	3339
individual who has applied for employment in a position that does	3340
not involve providing such ~~ombudsperson~~ombudsman services,	3341
whether the bureau has any information gathered under division (A)	3342
of this section that pertains to that applicant.	3343

In addition to or in conjunction with any request that is	3344
required to be made under section ~~173.394~~173.38 of the Revised	3345
Code with respect to an individual who has applied for employment	3346
in a direct-care position ~~that involves providing direct care to~~	3347
~~an individual~~, the chief administrator of a ~~community-based~~	3348
~~long-term care agency~~provider, as defined in section 173.39 of	3349
the Revised Code, may request that the superintendent investigate	3350
and determine, with respect to any individual who has applied for	3351
employment in a position that ~~does~~is not ~~involve providing direct~~	3352
~~care~~a direct-care position, whether the bureau has any	3353
information gathered under division (A) of this section that	3354
pertains to that applicant.	3355

In addition to or in conjunction with any request that is	3356
required to be made under section 3712.09 of the Revised Code with	3357
respect to an individual who has applied for employment in a	3358
position that involves providing direct care to a pediatric	3359
respite care patient, the chief administrator of a pediatric	3360
respite care program may request that the superintendent of the	3361
bureau investigate and determine, with respect to any individual	3362
who has applied for employment in a position that does not involve	3363
providing direct care to a pediatric respite care patient, whether	3364
the bureau has any information gathered under division (A) of this	3365
section that pertains to that individual.	3366

On receipt of a request under this division, the	3367
superintendent shall determine whether that information exists	3368
and, on request of the individual requesting information, shall	3369
also request from the federal bureau of investigation any criminal	3370
records it has pertaining to the applicant. The superintendent or	3371
the superintendent's designee also may request criminal history	3372
records from other states or the federal government pursuant to	3373
the national crime prevention and privacy compact set forth in	3374
section 109.571 of the Revised Code. Within thirty days of the	3375
date a request is received, subject to division (E)(2) of this	3376
section, the superintendent shall send to the requester a report	3377
of any information determined to exist, including information	3378
contained in records that have been sealed under section 2953.32	3379
of the Revised Code, and, within thirty days of its receipt, shall	3380
send the requester a report of any information received from the	3381
federal bureau of investigation, other than information the	3382
dissemination of which is prohibited by federal law.	3383

(H) Information obtained by a government entity or person	3384
under this section is confidential and shall not be released or	3385
disseminated.	3386

(I) The superintendent may charge a reasonable fee for	3387
providing information or criminal records under division (F)(2) or	3388
(G) of this section.	3389

(J) As used in this section:

3390

(1) "Pediatric respite care program" and "pediatric respite	3391
care patient" have the same meanings as in section 3712.01 of the	3392
Revised Code.	3393

(2) "Sexually oriented offense" and "child-victim oriented	3394
offense" have the same meanings as in section 2950.01 of the	3395
Revised Code.	3396

(3) "Registered private provider" means a nonpublic school or	3397
entity registered with the superintendent of public instruction	3398
under section 3310.41 of the Revised Code to participate in the	3399
autism scholarship program or section 3310.58 of the Revised Code	3400
to participate in the Jon Peterson special needs scholarship	3401
program.	3402

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	3403
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3404
a completed form prescribed pursuant to division (C)(1) of this	3405
section, and a set of fingerprint impressions obtained in the	3406
manner described in division (C)(2) of this section, the	3407
superintendent of the bureau of criminal identification and	3408
investigation shall conduct a criminal records check in the manner	3409
described in division (B) of this section to determine whether any	3410
information exists that indicates that the person who is the	3411
subject of the request previously has been convicted of or pleaded	3412
guilty to any of the following:	3413

(a) A violation of section 2903.01, 2903.02, 2903.03,	3414
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3415
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3416
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3417
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3418
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3419
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3420
2925.06, or 3716.11 of the Revised Code, felonious sexual	3421
penetration in violation of former section 2907.12 of the Revised	3422
Code, a violation of section 2905.04 of the Revised Code as it	3423
existed prior to July 1, 1996, a violation of section 2919.23 of	3424
the Revised Code that would have been a violation of section	3425
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3426
had the violation been committed prior to that date, or a	3427
violation of section 2925.11 of the Revised Code that is not a	3428
minor drug possession offense;	3429

(b) A violation of an existing or former law of this state,	3430
any other state, or the United States that is substantially	3431
equivalent to any of the offenses listed in division (A)(1)(a) of	3432
this section;	3433

(c) If the request is made pursuant to section 3319.39 of the	3434
Revised Code for an applicant who is a teacher, any offense	3435
specified in section 3319.31 of the Revised Code.	3436

(2) On receipt of a request pursuant to section 3712.09 or	3437
3721.121 of the Revised Code, a completed form prescribed pursuant	3438
to division (C)(1) of this section, and a set of fingerprint	3439
impressions obtained in the manner described in division (C)(2) of	3440
this section, the superintendent of the bureau of criminal	3441
identification and investigation shall conduct a criminal records	3442
check with respect to any person who has applied for employment in	3443
a position for which a criminal records check is required by those	3444
sections. The superintendent shall conduct the criminal records	3445
check in the manner described in division (B) of this section to	3446
determine whether any information exists that indicates that the	3447
person who is the subject of the request previously has been	3448
convicted of or pleaded guilty to any of the following:	3449

(a) A violation of section 2903.01, 2903.02, 2903.03,	3450
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3451
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3452
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3453
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3454
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3455
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3456
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3457
2925.22, 2925.23, or 3716.11 of the Revised Code;	3458

(b) An existing or former law of this state, any other state,	3459
or the United States that is substantially equivalent to any of	3460
the offenses listed in division (A)(2)(a) of this section.	3461

(3) On receipt of a request pursuant to section 173.27,	3462
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3463
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3464
completed form prescribed pursuant to division (C)(1) of this	3465
section, and a set of fingerprint impressions obtained in the	3466
manner described in division (C)(2) of this section, the	3467
superintendent of the bureau of criminal identification and	3468
investigation shall conduct a criminal records check of the person	3469
for whom the request is made. The superintendent shall conduct the	3470
criminal records check in the manner described in division (B) of	3471
this section to determine whether any information exists that	3472
indicates that the person who is the subject of the request	3473
previously has been convicted of, has pleaded guilty to, or	3474
(except in the case of a request pursuant to section 5164.34,	3475
5164.341, or 5164.342 of the Revised Code) has been found eligible	3476
for intervention in lieu of conviction for any of the following,	3477
regardless of the date of the conviction, the date of entry of the	3478
guilty plea, or (except in the case of a request pursuant to	3479
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3480
date the person was found eligible for intervention in lieu of	3481
conviction:	3482

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3483
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3484
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3485
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3486
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3487
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3488
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3489
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3490
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3491
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3492
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3493
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3494
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3495
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3496
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3497
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3498
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3499
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3500
2927.12, or 3716.11 of the Revised Code;	3501

(b) Felonious sexual penetration in violation of former	3502
section 2907.12 of the Revised Code;	3503

(c) A violation of section 2905.04 of the Revised Code as it	3504
existed prior to July 1, 1996;	3505

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3506
the Revised Code when the underlying offense that is the object of	3507
the conspiracy, attempt, or complicity is one of the offenses	3508
listed in divisions (A)(3)(a) to (c) of this section;	3509

(e) A violation of an existing or former municipal ordinance	3510
or law of this state, any other state, or the United States that	3511
is substantially equivalent to any of the offenses listed in	3512
divisions (A)(3)(a) to (d) of this section.	3513

(4) On receipt of a request pursuant to section 2151.86 of	3514
the Revised Code, a completed form prescribed pursuant to division	3515
(C)(1) of this section, and a set of fingerprint impressions	3516
obtained in the manner described in division (C)(2) of this	3517
section, the superintendent of the bureau of criminal	3518
identification and investigation shall conduct a criminal records	3519
check in the manner described in division (B) of this section to	3520
determine whether any information exists that indicates that the	3521
person who is the subject of the request previously has been	3522
convicted of or pleaded guilty to any of the following:	3523

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3524
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3525
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3526
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3527
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3528
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3529
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3530
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3531
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3532
of the Revised Code, a violation of section 2905.04 of the Revised	3533
Code as it existed prior to July 1, 1996, a violation of section	3534
2919.23 of the Revised Code that would have been a violation of	3535
section 2905.04 of the Revised Code as it existed prior to July 1,	3536
1996, had the violation been committed prior to that date, a	3537
violation of section 2925.11 of the Revised Code that is not a	3538
minor drug possession offense, two or more OVI or OVUAC violations	3539
committed within the three years immediately preceding the	3540
submission of the application or petition that is the basis of the	3541
request, or felonious sexual penetration in violation of former	3542
section 2907.12 of the Revised Code;	3543

(b) A violation of an existing or former law of this state,	3544
any other state, or the United States that is substantially	3545
equivalent to any of the offenses listed in division (A)(4)(a) of	3546
this section.	3547

(5) Upon receipt of a request pursuant to section 5104.012 or	3548
5104.013 of the Revised Code, a completed form prescribed pursuant	3549
to division (C)(1) of this section, and a set of fingerprint	3550
impressions obtained in the manner described in division (C)(2) of	3551
this section, the superintendent of the bureau of criminal	3552
identification and investigation shall conduct a criminal records	3553
check in the manner described in division (B) of this section to	3554
determine whether any information exists that indicates that the	3555
person who is the subject of the request has been convicted of or	3556
pleaded guilty to any of the following:	3557

(a) A violation of section 2903.01, 2903.02, 2903.03,	3558
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3559
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3560
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3561
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3562
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3563
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3564
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3565
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3566
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3567
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3568
3716.11 of the Revised Code, felonious sexual penetration in	3569
violation of former section 2907.12 of the Revised Code, a	3570
violation of section 2905.04 of the Revised Code as it existed	3571
prior to July 1, 1996, a violation of section 2919.23 of the	3572
Revised Code that would have been a violation of section 2905.04	3573
of the Revised Code as it existed prior to July 1, 1996, had the	3574
violation been committed prior to that date, a violation of	3575
section 2925.11 of the Revised Code that is not a minor drug	3576
possession offense, a violation of section 2923.02 or 2923.03 of	3577
the Revised Code that relates to a crime specified in this	3578
division, or a second violation of section 4511.19 of the Revised	3579
Code within five years of the date of application for licensure or	3580
certification.	3581

(b) A violation of an existing or former law of this state,	3582
any other state, or the United States that is substantially	3583
equivalent to any of the offenses or violations described in	3584
division (A)(5)(a) of this section.	3585

(6) Upon receipt of a request pursuant to section 5153.111 of	3586
the Revised Code, a completed form prescribed pursuant to division	3587
(C)(1) of this section, and a set of fingerprint impressions	3588
obtained in the manner described in division (C)(2) of this	3589
section, the superintendent of the bureau of criminal	3590
identification and investigation shall conduct a criminal records	3591
check in the manner described in division (B) of this section to	3592
determine whether any information exists that indicates that the	3593
person who is the subject of the request previously has been	3594
convicted of or pleaded guilty to any of the following:	3595

(a) A violation of section 2903.01, 2903.02, 2903.03,	3596
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3597
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3598
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3599
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3600
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3601
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3602
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3603
felonious sexual penetration in violation of former section	3604
2907.12 of the Revised Code, a violation of section 2905.04 of the	3605
Revised Code as it existed prior to July 1, 1996, a violation of	3606
section 2919.23 of the Revised Code that would have been a	3607
violation of section 2905.04 of the Revised Code as it existed	3608
prior to July 1, 1996, had the violation been committed prior to	3609
that date, or a violation of section 2925.11 of the Revised Code	3610
that is not a minor drug possession offense;	3611

(b) A violation of an existing or former law of this state,	3612
any other state, or the United States that is substantially	3613
equivalent to any of the offenses listed in division (A)(6)(a) of	3614
this section.	3615

(7) On receipt of a request for a criminal records check from	3616
an individual pursuant to section 4749.03 or 4749.06 of the	3617
Revised Code, accompanied by a completed copy of the form	3618
prescribed in division (C)(1) of this section and a set of	3619
fingerprint impressions obtained in a manner described in division	3620
(C)(2) of this section, the superintendent of the bureau of	3621
criminal identification and investigation shall conduct a criminal	3622
records check in the manner described in division (B) of this	3623
section to determine whether any information exists indicating	3624
that the person who is the subject of the request has been	3625
convicted of or pleaded guilty to a felony in this state or in any	3626
other state. If the individual indicates that a firearm will be	3627
carried in the course of business, the superintendent shall	3628
require information from the federal bureau of investigation as	3629
described in division (B)(2) of this section. Subject to division	3630
(F) of this section, the superintendent shall report the findings	3631
of the criminal records check and any information the federal	3632
bureau of investigation provides to the director of public safety.	3633

(8) On receipt of a request pursuant to section 1321.37,	3634
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3635
Code, a completed form prescribed pursuant to division (C)(1) of	3636
this section, and a set of fingerprint impressions obtained in the	3637
manner described in division (C)(2) of this section, the	3638
superintendent of the bureau of criminal identification and	3639
investigation shall conduct a criminal records check with respect	3640
to any person who has applied for a license, permit, or	3641
certification from the department of commerce or a division in the	3642
department. The superintendent shall conduct the criminal records	3643
check in the manner described in division (B) of this section to	3644
determine whether any information exists that indicates that the	3645
person who is the subject of the request previously has been	3646
convicted of or pleaded guilty to any of the following: a	3647
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3648
2925.03 of the Revised Code; any other criminal offense involving	3649
theft, receiving stolen property, embezzlement, forgery, fraud,	3650
passing bad checks, money laundering, or drug trafficking, or any	3651
criminal offense involving money or securities, as set forth in	3652
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3653
the Revised Code; or any existing or former law of this state, any	3654
other state, or the United States that is substantially equivalent	3655
to those offenses.	3656

(9) On receipt of a request for a criminal records check from	3657
the treasurer of state under section 113.041 of the Revised Code	3658
or from an individual under section 4701.08, 4715.101, 4717.061,	3659
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3660
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3661
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3662
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3663
4762.06, 4776.021, or 4779.091, or 4783.04 of the Revised Code,	3664
accompanied by a completed form prescribed under division (C)(1)	3665
of this section and a set of fingerprint impressions obtained in	3666
the manner described in division (C)(2) of this section, the	3667
superintendent of the bureau of criminal identification and	3668
investigation shall conduct a criminal records check in the manner	3669
described in division (B) of this section to determine whether any	3670
information exists that indicates that the person who is the	3671
subject of the request has been convicted of or pleaded guilty to	3672
any criminal offense in this state or any other state. Subject to	3673
division (F) of this section, the superintendent shall send the	3674
results of a check requested under section 113.041 of the Revised	3675
Code to the treasurer of state and shall send the results of a	3676
check requested under any of the other listed sections to the	3677
licensing board specified by the individual in the request.	3678

(10) On receipt of a request pursuant to section 1121.23,	3679
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3680
Code, a completed form prescribed pursuant to division (C)(1) of	3681
this section, and a set of fingerprint impressions obtained in the	3682
manner described in division (C)(2) of this section, the	3683
superintendent of the bureau of criminal identification and	3684
investigation shall conduct a criminal records check in the manner	3685
described in division (B) of this section to determine whether any	3686
information exists that indicates that the person who is the	3687
subject of the request previously has been convicted of or pleaded	3688
guilty to any criminal offense under any existing or former law of	3689
this state, any other state, or the United States.	3690

(11) On receipt of a request for a criminal records check	3691
from an appointing or licensing authority under section 3772.07 of	3692
the Revised Code, a completed form prescribed under division	3693
(C)(1) of this section, and a set of fingerprint impressions	3694
obtained in the manner prescribed in division (C)(2) of this	3695
section, the superintendent of the bureau of criminal	3696
identification and investigation shall conduct a criminal records	3697
check in the manner described in division (B) of this section to	3698
determine whether any information exists that indicates that the	3699
person who is the subject of the request previously has been	3700
convicted of or pleaded guilty or no contest to any offense under	3701
any existing or former law of this state, any other state, or the	3702
United States that is a disqualifying offense as defined in	3703
section 3772.07 of the Revised Code or substantially equivalent to	3704
such an offense.	3705

(12) On receipt of a request pursuant to section 2151.33 or	3706
2151.412 of the Revised Code, a completed form prescribed pursuant	3707
to division (C)(1) of this section, and a set of fingerprint	3708
impressions obtained in the manner described in division (C)(2) of	3709
this section, the superintendent of the bureau of criminal	3710
identification and investigation shall conduct a criminal records	3711
check with respect to any person for whom a criminal records check	3712
is required by that section. The superintendent shall conduct the	3713
criminal records check in the manner described in division (B) of	3714
this section to determine whether any information exists that	3715
indicates that the person who is the subject of the request	3716
previously has been convicted of or pleaded guilty to any of the	3717
following:	3718

(a) A violation of section 2903.01, 2903.02, 2903.03,	3719
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3720
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3721
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3722
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3723
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3724
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3725
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3726
2925.22, 2925.23, or 3716.11 of the Revised Code;	3727

(b) An existing or former law of this state, any other state,	3728
or the United States that is substantially equivalent to any of	3729
the offenses listed in division (A)(12)(a) of this section.	3730

(B) Subject to division (F) of this section, the	3731
superintendent shall conduct any criminal records check to be	3732
conducted under this section as follows:	3733

(1) The superintendent shall review or cause to be reviewed	3734
any relevant information gathered and compiled by the bureau under	3735
division (A) of section 109.57 of the Revised Code that relates to	3736
the person who is the subject of the criminal records check,	3737
including, if the criminal records check was requested under	3738
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3739
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3740
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3741
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3742
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3743
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3744
information contained in records that have been sealed under	3745
section 2953.32 of the Revised Code;	3746

(2) If the request received by the superintendent asks for	3747
information from the federal bureau of investigation, the	3748
superintendent shall request from the federal bureau of	3749
investigation any information it has with respect to the person	3750
who is the subject of the criminal records check, including	3751
fingerprint-based checks of national crime information databases	3752
as described in 42 U.S.C. 671 if the request is made pursuant to	3753
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3754
any other Revised Code section requires fingerprint-based checks	3755
of that nature, and shall review or cause to be reviewed any	3756
information the superintendent receives from that bureau. If a	3757
request under section 3319.39 of the Revised Code asks only for	3758
information from the federal bureau of investigation, the	3759
superintendent shall not conduct the review prescribed by division	3760
(B)(1) of this section.	3761

(3) The superintendent or the superintendent's designee may	3762
request criminal history records from other states or the federal	3763
government pursuant to the national crime prevention and privacy	3764
compact set forth in section 109.571 of the Revised Code.	3765

(4) The superintendent shall include in the results of the	3766
criminal records check a list or description of the offenses	3767
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3768
(7), (8), (9), (10), (11), or (12) of this section, whichever	3769
division requires the superintendent to conduct the criminal	3770
records check. The superintendent shall exclude from the results	3771
any information the dissemination of which is prohibited by	3772
federal law.	3773

(5) The superintendent shall send the results of the criminal	3774
records check to the person to whom it is to be sent not later	3775
than the following number of days after the date the	3776
superintendent receives the request for the criminal records	3777
check, the completed form prescribed under division (C)(1) of this	3778
section, and the set of fingerprint impressions obtained in the	3779
manner described in division (C)(2) of this section:	3780

(a) If the superintendent is required by division (A) of this	3781
section (other than division (A)(3) of this section) to conduct	3782
the criminal records check, thirty;	3783

(b) If the superintendent is required by division (A)(3) of	3784
this section to conduct the criminal records check, sixty.	3785

(C)(1) The superintendent shall prescribe a form to obtain	3786
the information necessary to conduct a criminal records check from	3787
any person for whom a criminal records check is to be conducted	3788
under this section. The form that the superintendent prescribes	3789
pursuant to this division may be in a tangible format, in an	3790
electronic format, or in both tangible and electronic formats.	3791

(2) The superintendent shall prescribe standard impression	3792
sheets to obtain the fingerprint impressions of any person for	3793
whom a criminal records check is to be conducted under this	3794
section. Any person for whom a records check is to be conducted	3795
under this section shall obtain the fingerprint impressions at a	3796
county sheriff's office, municipal police department, or any other	3797
entity with the ability to make fingerprint impressions on the	3798
standard impression sheets prescribed by the superintendent. The	3799
office, department, or entity may charge the person a reasonable	3800
fee for making the impressions. The standard impression sheets the	3801
superintendent prescribes pursuant to this division may be in a	3802
tangible format, in an electronic format, or in both tangible and	3803
electronic formats.	3804

(3) Subject to division (D) of this section, the	3805
superintendent shall prescribe and charge a reasonable fee for	3806
providing a criminal records check under this section. The person	3807
requesting the criminal records check shall pay the fee prescribed	3808
pursuant to this division. In the case of a request under section	3809
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3810
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3811
be paid in the manner specified in that section.	3812

(4) The superintendent of the bureau of criminal	3813
identification and investigation may prescribe methods of	3814
forwarding fingerprint impressions and information necessary to	3815
conduct a criminal records check, which methods shall include, but	3816
not be limited to, an electronic method.	3817

(D) The results of a criminal records check conducted under	3818
this section, other than a criminal records check specified in	3819
division (A)(7) of this section, are valid for the person who is	3820
the subject of the criminal records check for a period of one year	3821
from the date upon which the superintendent completes the criminal	3822
records check. If during that period the superintendent receives	3823
another request for a criminal records check to be conducted under	3824
this section for that person, the superintendent shall provide the	3825
results from the previous criminal records check of the person at	3826
a lower fee than the fee prescribed for the initial criminal	3827
records check.	3828

(E) When the superintendent receives a request for	3829
information from a registered private provider, the superintendent	3830
shall proceed as if the request was received from a school	3831
district board of education under section 3319.39 of the Revised	3832
Code. The superintendent shall apply division (A)(1)(c) of this	3833
section to any such request for an applicant who is a teacher.	3834

(F)(1) All information regarding the results of a criminal	3835
records check conducted under this section that the superintendent	3836
reports or sends under division (A)(7) or (9) of this section to	3837
the director of public safety, the treasurer of state, or the	3838
person, board, or entity that made the request for the criminal	3839
records check shall relate to the conviction of the subject	3840
person, or the subject person's plea of guilty to, a criminal	3841
offense.	3842

(2) Division (F)(1) of this section does not limit, restrict,	3843
or preclude the superintendent's release of information that	3844
relates to an adjudication of a child as a delinquent child, or	3845
that relates to a criminal conviction of a person under eighteen	3846
years of age if the person's case was transferred back to a	3847
juvenile court under division (B)(2) or (3) of section 2152.121 of	3848
the Revised Code and the juvenile court imposed a disposition or	3849
serious youthful offender disposition upon the person under either	3850
division, if either of the following applies with respect to the	3851
adjudication or conviction:	3852

(a) The adjudication or conviction was for a violation of	3853
section 2903.01 or 2903.02 of the Revised Code.	3854

(b) The adjudication or conviction was for a sexually	3855
oriented offense, as defined in section 2950.01 of the Revised	3856
Code, the juvenile court was required to classify the child a	3857
juvenile offender registrant for that offense under section	3858
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3859
classification has not been removed.	3860

(G) As used in this section:

3861

(1) "Criminal records check" means any criminal records check	3862
conducted by the superintendent of the bureau of criminal	3863
identification and investigation in accordance with division (B)	3864
of this section.	3865

(2) "Minor drug possession offense" has the same meaning as	3866
in section 2925.01 of the Revised Code.	3867

(3) "OVI or OVUAC violation" means a violation of section	3868
4511.19 of the Revised Code or a violation of an existing or	3869
former law of this state, any other state, or the United States	3870
that is substantially equivalent to section 4511.19 of the Revised	3871
Code.	3872

(4) "Registered private provider" means a nonpublic school or	3873
entity registered with the superintendent of public instruction	3874
under section 3310.41 of the Revised Code to participate in the	3875
autism scholarship program or section 3310.58 of the Revised Code	3876
to participate in the Jon Peterson special needs scholarship	3877
program.	3878

Sec. 109.71. There is hereby created in the office of the	3879
attorney general the Ohio peace officer training commission. The	3880
commission shall consist of nine members appointed by the governor	3881
with the advice and consent of the senate and selected as follows:	3882
one member representing the public; two members who are incumbent	3883
sheriffs; two members who are incumbent chiefs of police; one	3884
member from the bureau of criminal identification and	3885
investigation; one member from the state highway patrol; one	3886
member who is the special agent in charge of a field office of the	3887
federal bureau of investigation in this state; and one member from	3888
the department of education, trade and industrial education	3889
services, law enforcement training.	3890

This section does not confer any arrest authority or any	3891
ability or authority to detain a person, write or issue any	3892
citation, or provide any disposition alternative, as granted under	3893
Chapter 2935. of the Revised Code.	3894

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

3895

(A) "Peace officer" means:

3896

(1) A deputy sheriff, marshal, deputy marshal, member of the	3897
organized police department of a township or municipal	3898
corporation, member of a township police district or joint police	3899
district police force, member of a police force employed by a	3900
metropolitan housing authority under division (D) of section	3901
3735.31 of the Revised Code, or township constable, who is	3902
commissioned and employed as a peace officer by a political	3903
subdivision of this state or by a metropolitan housing authority,	3904
and whose primary duties are to preserve the peace, to protect	3905
life and property, and to enforce the laws of this state,	3906
ordinances of a municipal corporation, resolutions of a township,	3907
or regulations of a board of county commissioners or board of	3908
township trustees, or any of those laws, ordinances, resolutions,	3909
or regulations;	3910

(2) A police officer who is employed by a railroad company	3911
and appointed and commissioned by the secretary of state pursuant	3912
to sections 4973.17 to 4973.22 of the Revised Code;	3913

(3) Employees of the department of taxation engaged in the	3914
enforcement of Chapter 5743. of the Revised Code and designated by	3915
the tax commissioner for peace officer training for purposes of	3916
the delegation of investigation powers under section 5743.45 of	3917
the Revised Code;	3918

(4) An undercover drug agent;

3919

(5) Enforcement agents of the department of public safety	3920
whom the director of public safety designates under section	3921
5502.14 of the Revised Code;	3922

(6) An employee of the department of natural resources who is	3923
a natural resources law enforcement staff officer designated	3924
pursuant to section 1501.013, a park officer designated pursuant	3925
to section 1541.10, a forest officer designated pursuant to	3926
section 1503.29, a preserve officer designated pursuant to section	3927
1517.10, a wildlife officer designated pursuant to section	3928
1531.13, or a state watercraft officer designated pursuant to	3929
section 1547.521 of the Revised Code;	3930

(7) An employee of a park district who is designated pursuant	3931
to section 511.232 or 1545.13 of the Revised Code;	3932

(8) An employee of a conservancy district who is designated	3933
pursuant to section 6101.75 of the Revised Code;	3934

(9) A police officer who is employed by a hospital that	3935
employs and maintains its own proprietary police department or	3936
security department, and who is appointed and commissioned by the	3937
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3938
Revised Code;	3939

(10) Veterans' homes police officers designated under section	3940
5907.02 of the Revised Code;	3941

(11) A police officer who is employed by a qualified	3942
nonprofit corporation police department pursuant to section	3943
1702.80 of the Revised Code;	3944

(12) A state university law enforcement officer appointed	3945
under section 3345.04 of the Revised Code or a person serving as a	3946
state university law enforcement officer on a permanent basis on	3947
June 19, 1978, who has been awarded a certificate by the executive	3948
director of the Ohio peace officer training commission attesting	3949
to the person's satisfactory completion of an approved state,	3950
county, municipal, or department of natural resources peace	3951
officer basic training program;	3952

(13) A special police officer employed by the department of	3953
~~mental health~~mental health and addiction services pursuant to	3954
section ~~5119.14~~5119.08 of the Revised Code or the department of	3955
developmental disabilities pursuant to section 5123.13 of the	3956
Revised Code;	3957

(14) A member of a campus police department appointed under	3958
section 1713.50 of the Revised Code;	3959

(15) A member of a police force employed by a regional	3960
transit authority under division (Y) of section 306.35 of the	3961
Revised Code;	3962

(16) Investigators appointed by the auditor of state pursuant	3963
to section 117.091 of the Revised Code and engaged in the	3964
enforcement of Chapter 117. of the Revised Code;	3965

(17) A special police officer designated by the	3966
superintendent of the state highway patrol pursuant to section	3967
5503.09 of the Revised Code or a person who was serving as a	3968
special police officer pursuant to that section on a permanent	3969
basis on October 21, 1997, and who has been awarded a certificate	3970
by the executive director of the Ohio peace officer training	3971
commission attesting to the person's satisfactory completion of an	3972
approved state, county, municipal, or department of natural	3973
resources peace officer basic training program;	3974

(18) A special police officer employed by a port authority	3975
under section 4582.04 or 4582.28 of the Revised Code or a person	3976
serving as a special police officer employed by a port authority	3977
on a permanent basis on May 17, 2000, who has been awarded a	3978
certificate by the executive director of the Ohio peace officer	3979
training commission attesting to the person's satisfactory	3980
completion of an approved state, county, municipal, or department	3981
of natural resources peace officer basic training program;	3982

(19) A special police officer employed by a municipal	3983
corporation who has been awarded a certificate by the executive	3984
director of the Ohio peace officer training commission for	3985
satisfactory completion of an approved peace officer basic	3986
training program and who is employed on a permanent basis on or	3987
after March 19, 2003, at a municipal airport, or other municipal	3988
air navigation facility, that has scheduled operations, as defined	3989
in section 119.3 of Title 14 of the Code of Federal Regulations,	3990
14 C.F.R. 119.3, as amended, and that is required to be under a	3991
security program and is governed by aviation security rules of the	3992
transportation security administration of the United States	3993
department of transportation as provided in Parts 1542. and 1544.	3994
of Title 49 of the Code of Federal Regulations, as amended;	3995

(20) A police officer who is employed by an owner or operator	3996
of an amusement park that has an average yearly attendance in	3997
excess of six hundred thousand guests and that employs and	3998
maintains its own proprietary police department or security	3999
department, and who is appointed and commissioned by a judge of	4000
the appropriate municipal court or county court pursuant to	4001
section 4973.17 of the Revised Code;	4002

(21) A police officer who is employed by a bank, savings and	4003
loan association, savings bank, credit union, or association of	4004
banks, savings and loan associations, savings banks, or credit	4005
unions, who has been appointed and commissioned by the secretary	4006
of state pursuant to sections 4973.17 to 4973.22 of the Revised	4007
Code, and who has been awarded a certificate by the executive	4008
director of the Ohio peace officer training commission attesting	4009
to the person's satisfactory completion of a state, county,	4010
municipal, or department of natural resources peace officer basic	4011
training program;	4012

(22) An investigator, as defined in section 109.541 of the	4013
Revised Code, of the bureau of criminal identification and	4014
investigation who is commissioned by the superintendent of the	4015
bureau as a special agent for the purpose of assisting law	4016
enforcement officers or providing emergency assistance to peace	4017
officers pursuant to authority granted under that section;	4018

(23) A state fire marshal law enforcement officer appointed	4019
under section 3737.22 of the Revised Code or a person serving as a	4020
state fire marshal law enforcement officer on a permanent basis on	4021
or after July 1, 1982, who has been awarded a certificate by the	4022
executive director of the Ohio peace officer training commission	4023
attesting to the person's satisfactory completion of an approved	4024
state, county, municipal, or department of natural resources peace	4025
officer basic training program;	4026

(24) A gaming agent employed under section 3772.03 of the	4027
Revised Code.	4028

(B) "Undercover drug agent" has the same meaning as in	4029
division (B)(2) of section 109.79 of the Revised Code.	4030

(C) "Crisis intervention training" means training in the use	4031
of interpersonal and communication skills to most effectively and	4032
sensitively interview victims of rape.	4033

(D) "Missing children" has the same meaning as in section	4034
2901.30 of the Revised Code.	4035

Sec. 109.746. (A) The attorney general may prepare public	4036
awareness programs that are designed to educate potential victims	4037
of violations of section 2905.32 of the Revised Code and their	4038
families of the risks of becoming a victim of a violation of that	4039
section. The attorney general may prepare these programs with	4040
assistance from the department of health, the department of ~~mental~~	4041
~~health~~mental health and addiction services, the department of job	4042
and family services~~, the department of alcohol and drug addiction~~	4043
~~services~~, and the department of education.	4044

(B) Any organization, person, or other governmental agency	4045
with an interest and expertise in trafficking in persons may	4046
submit information or materials to the attorney general regarding	4047
the preparation of the programs and materials permitted under this	4048
section. The attorney general, in developing the programs and	4049
materials permitted by this section, shall consider any	4050
information submitted pursuant to this division.	4051

Sec. 109.77. (A) As used in this section, "felony" has the	4052
same meaning as in section 109.511 of the Revised Code.	4053

(B)(1) Notwithstanding any general, special, or local law or	4054
charter to the contrary, and except as otherwise provided in this	4055
section, no person shall receive an original appointment on a	4056
permanent basis as any of the following unless the person	4057
previously has been awarded a certificate by the executive	4058
director of the Ohio peace officer training commission attesting	4059
to the person's satisfactory completion of an approved state,	4060
county, municipal, or department of natural resources peace	4061
officer basic training program:	4062

(a) A peace officer of any county, township, municipal	4063
corporation, regional transit authority, or metropolitan housing	4064
authority;	4065

(b) A natural resources law enforcement staff officer, park	4066
officer, forest officer, preserve officer, wildlife officer, or	4067
state watercraft officer of the department of natural resources;	4068

(c) An employee of a park district under section 511.232 or	4069
1545.13 of the Revised Code;	4070

(d) An employee of a conservancy district who is designated	4071
pursuant to section 6101.75 of the Revised Code;	4072

(e) A state university law enforcement officer;

4073

(f) A special police officer employed by the department of	4074
~~mental health~~mental health and addiction services pursuant to	4075
section ~~5119.14~~5119.08 of the Revised Code or the department of	4076
developmental disabilities pursuant to section 5123.13 of the	4077
Revised Code;	4078

(g) An enforcement agent of the department of public safety	4079
whom the director of public safety designates under section	4080
5502.14 of the Revised Code;	4081

(h) A special police officer employed by a port authority	4082
under section 4582.04 or 4582.28 of the Revised Code;	4083

(i) A special police officer employed by a municipal	4084
corporation at a municipal airport, or other municipal air	4085
navigation facility, that has scheduled operations, as defined in	4086
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4087
C.F.R. 119.3, as amended, and that is required to be under a	4088
security program and is governed by aviation security rules of the	4089
transportation security administration of the United States	4090
department of transportation as provided in Parts 1542. and 1544.	4091
of Title 49 of the Code of Federal Regulations, as amended;	4092

(j) A gaming agent employed under section 3772.03 of the	4093
Revised Code.	4094

(2) Every person who is appointed on a temporary basis or for	4095
a probationary term or on other than a permanent basis as any of	4096
the following shall forfeit the appointed position unless the	4097
person previously has completed satisfactorily or, within the time	4098
prescribed by rules adopted by the attorney general pursuant to	4099
section 109.74 of the Revised Code, satisfactorily completes a	4100
state, county, municipal, or department of natural resources peace	4101
officer basic training program for temporary or probationary	4102
officers and is awarded a certificate by the director attesting to	4103
the satisfactory completion of the program:	4104

(a) A peace officer of any county, township, municipal	4105
corporation, regional transit authority, or metropolitan housing	4106
authority;	4107

(b) A natural resources law enforcement staff officer, park	4108
officer, forest officer, preserve officer, wildlife officer, or	4109
state watercraft officer of the department of natural resources;	4110

(c) An employee of a park district under section 511.232 or	4111
1545.13 of the Revised Code;	4112

(d) An employee of a conservancy district who is designated	4113
pursuant to section 6101.75 of the Revised Code;	4114

(e) A special police officer employed by the department of	4115
~~mental health~~mental health and addiction services pursuant to	4116
section ~~5119.14~~5119.08 of the Revised Code or the department of	4117
developmental disabilities pursuant to section 5123.13 of the	4118
Revised Code;	4119

(f) An enforcement agent of the department of public safety	4120
whom the director of public safety designates under section	4121
5502.14 of the Revised Code;	4122

(g) A special police officer employed by a port authority	4123
under section 4582.04 or 4582.28 of the Revised Code;	4124

(h) A special police officer employed by a municipal	4125
corporation at a municipal airport, or other municipal air	4126
navigation facility, that has scheduled operations, as defined in	4127
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4128
C.F.R. 119.3, as amended, and that is required to be under a	4129
security program and is governed by aviation security rules of the	4130
transportation security administration of the United States	4131
department of transportation as provided in Parts 1542. and 1544.	4132
of Title 49 of the Code of Federal Regulations, as amended.	4133

(3) For purposes of division (B) of this section, a state,	4134
county, municipal, or department of natural resources peace	4135
officer basic training program, regardless of whether the program	4136
is to be completed by peace officers appointed on a permanent or	4137
temporary, probationary, or other nonpermanent basis, shall	4138
include training in the handling of the offense of domestic	4139
violence, other types of domestic violence-related offenses and	4140
incidents, and protection orders and consent agreements issued or	4141
approved under section 2919.26 or 3113.31 of the Revised Code and	4142
crisis intervention training. The requirement to complete training	4143
in the handling of the offense of domestic violence, other types	4144
of domestic violence-related offenses and incidents, and	4145
protection orders and consent agreements issued or approved under	4146
section 2919.26 or 3113.31 of the Revised Code does not apply to	4147
any person serving as a peace officer on March 27, 1979, and the	4148
requirement to complete training in crisis intervention does not	4149
apply to any person serving as a peace officer on April 4, 1985.	4150
Any person who is serving as a peace officer on April 4, 1985, who	4151
terminates that employment after that date, and who subsequently	4152
is hired as a peace officer by the same or another law enforcement	4153
agency shall complete training in crisis intervention as	4154
prescribed by rules adopted by the attorney general pursuant to	4155
section 109.742 of the Revised Code. No peace officer shall have	4156
employment as a peace officer terminated and then be reinstated	4157
with intent to circumvent this section.	4158

(4) Division (B) of this section does not apply to any person	4159
serving on a permanent basis on March 28, 1985, as a park officer,	4160
forest officer, preserve officer, wildlife officer, or state	4161
watercraft officer of the department of natural resources or as an	4162
employee of a park district under section 511.232 or 1545.13 of	4163
the Revised Code, to any person serving on a permanent basis on	4164
March 6, 1986, as an employee of a conservancy district designated	4165
pursuant to section 6101.75 of the Revised Code, to any person	4166
serving on a permanent basis on January 10, 1991, as a preserve	4167
officer of the department of natural resources, to any person	4168
employed on a permanent basis on July 2, 1992, as a special police	4169
officer by the department of ~~mental health~~mental health and	4170
addiction services pursuant to section ~~5119.14~~5119.08 of the	4171
Revised Code or by the department of developmental disabilities	4172
pursuant to section 5123.13 of the Revised Code, to any person	4173
serving on a permanent basis on May 17, 2000, as a special police	4174
officer employed by a port authority under section 4582.04 or	4175
4582.28 of the Revised Code, to any person serving on a permanent	4176
basis on March 19, 2003, as a special police officer employed by a	4177
municipal corporation at a municipal airport or other municipal	4178
air navigation facility described in division (A)(19) of section	4179
109.71 of the Revised Code, to any person serving on a permanent	4180
basis on June 19, 1978, as a state university law enforcement	4181
officer pursuant to section 3345.04 of the Revised Code and who,	4182
immediately prior to June 19, 1978, was serving as a special	4183
police officer designated under authority of that section, or to	4184
any person serving on a permanent basis on September 20, 1984, as	4185
a liquor control investigator, known after June 30, 1999, as an	4186
enforcement agent of the department of public safety, engaged in	4187
the enforcement of Chapters 4301. and 4303. of the Revised Code.	4188

(5) Division (B) of this section does not apply to any person	4189
who is appointed as a regional transit authority police officer	4190
pursuant to division (Y) of section 306.35 of the Revised Code if,	4191
on or before July 1, 1996, the person has completed satisfactorily	4192
an approved state, county, municipal, or department of natural	4193
resources peace officer basic training program and has been	4194
awarded a certificate by the executive director of the Ohio peace	4195
officer training commission attesting to the person's satisfactory	4196
completion of such an approved program and if, on July 1, 1996,	4197
the person is performing peace officer functions for a regional	4198
transit authority.	4199

(C) No person, after September 20, 1984, shall receive an	4200
original appointment on a permanent basis as a veterans' home	4201
police officer designated under section 5907.02 of the Revised	4202
Code unless the person previously has been awarded a certificate	4203
by the executive director of the Ohio peace officer training	4204
commission attesting to the person's satisfactory completion of an	4205
approved police officer basic training program. Every person who	4206
is appointed on a temporary basis or for a probationary term or on	4207
other than a permanent basis as a veterans' home police officer	4208
designated under section 5907.02 of the Revised Code shall forfeit	4209
that position unless the person previously has completed	4210
satisfactorily or, within one year from the time of appointment,	4211
satisfactorily completes an approved police officer basic training	4212
program.	4213

(D) No bailiff or deputy bailiff of a court of record of this	4214
state and no criminal investigator who is employed by the state	4215
public defender shall carry a firearm, as defined in section	4216
2923.11 of the Revised Code, while on duty unless the bailiff,	4217
deputy bailiff, or criminal investigator has done or received one	4218
of the following:	4219

(1) Has been awarded a certificate by the executive director	4220
of the Ohio peace officer training commission, which certificate	4221
attests to satisfactory completion of an approved state, county,	4222
or municipal basic training program for bailiffs and deputy	4223
bailiffs of courts of record and for criminal investigators	4224
employed by the state public defender that has been recommended by	4225
the Ohio peace officer training commission;	4226

(2) Has successfully completed a firearms training program	4227
approved by the Ohio peace officer training commission prior to	4228
employment as a bailiff, deputy bailiff, or criminal investigator;	4229

(3) Prior to June 6, 1986, was authorized to carry a firearm	4230
by the court that employed the bailiff or deputy bailiff or, in	4231
the case of a criminal investigator, by the state public defender	4232
and has received training in the use of firearms that the Ohio	4233
peace officer training commission determines is equivalent to the	4234
training that otherwise is required by division (D) of this	4235
section.	4236

(E)(1) Before a person seeking a certificate completes an	4237
approved peace officer basic training program, the executive	4238
director of the Ohio peace officer training commission shall	4239
request the person to disclose, and the person shall disclose, any	4240
previous criminal conviction of or plea of guilty of that person	4241
to a felony.	4242

(2) Before a person seeking a certificate completes an	4243
approved peace officer basic training program, the executive	4244
director shall request a criminal history records check on the	4245
person. The executive director shall submit the person's	4246
fingerprints to the bureau of criminal identification and	4247
investigation, which shall submit the fingerprints to the federal	4248
bureau of investigation for a national criminal history records	4249
check.	4250

Upon receipt of the executive director's request, the bureau	4251
of criminal identification and investigation and the federal	4252
bureau of investigation shall conduct a criminal history records	4253
check on the person and, upon completion of the check, shall	4254
provide a copy of the criminal history records check to the	4255
executive director. The executive director shall not award any	4256
certificate prescribed in this section unless the executive	4257
director has received a copy of the criminal history records check	4258
on the person to whom the certificate is to be awarded.	4259

(3) The executive director of the commission shall not award	4260
a certificate prescribed in this section to a person who has been	4261
convicted of or has pleaded guilty to a felony or who fails to	4262
disclose any previous criminal conviction of or plea of guilty to	4263
a felony as required under division (E)(1) of this section.	4264

(4) The executive director of the commission shall revoke the	4265
certificate awarded to a person as prescribed in this section, and	4266
that person shall forfeit all of the benefits derived from being	4267
certified as a peace officer under this section, if the person,	4268
before completion of an approved peace officer basic training	4269
program, failed to disclose any previous criminal conviction of or	4270
plea of guilty to a felony as required under division (E)(1) of	4271
this section.	4272

(F)(1) Regardless of whether the person has been awarded the	4273
certificate or has been classified as a peace officer prior to,	4274
on, or after October 16, 1996, the executive director of the Ohio	4275
peace officer training commission shall revoke any certificate	4276
that has been awarded to a person as prescribed in this section if	4277
the person does either of the following:	4278

(a) Pleads guilty to a felony committed on or after January	4279
1, 1997;	4280

(b) Pleads guilty to a misdemeanor committed on or after	4281
January 1, 1997, pursuant to a negotiated plea agreement as	4282
provided in division (D) of section 2929.43 of the Revised Code in	4283
which the person agrees to surrender the certificate awarded to	4284
the person under this section.	4285

(2) The executive director of the commission shall suspend	4286
any certificate that has been awarded to a person as prescribed in	4287
this section if the person is convicted, after trial, of a felony	4288
committed on or after January 1, 1997. The executive director	4289
shall suspend the certificate pursuant to division (F)(2) of this	4290
section pending the outcome of an appeal by the person from that	4291
conviction to the highest court to which the appeal is taken or	4292
until the expiration of the period in which an appeal is required	4293
to be filed. If the person files an appeal that results in that	4294
person's acquittal of the felony or conviction of a misdemeanor,	4295
or in the dismissal of the felony charge against that person, the	4296
executive director shall reinstate the certificate awarded to the	4297
person under this section. If the person files an appeal from that	4298
person's conviction of the felony and the conviction is upheld by	4299
the highest court to which the appeal is taken or if the person	4300
does not file a timely appeal, the executive director shall revoke	4301
the certificate awarded to the person under this section.	4302

(G)(1) If a person is awarded a certificate under this	4303
section and the certificate is revoked pursuant to division (E)(4)	4304
or (F) of this section, the person shall not be eligible to	4305
receive, at any time, a certificate attesting to the person's	4306
satisfactory completion of a peace officer basic training program.	4307

(2) The revocation or suspension of a certificate under	4308
division (E)(4) or (F) of this section shall be in accordance with	4309
Chapter 119. of the Revised Code.	4310

(H)(1) A person who was employed as a peace officer of a	4311
county, township, or municipal corporation of the state on January	4312
1, 1966, and who has completed at least sixteen years of full-time	4313
active service as such a peace officer, or equivalent service as	4314
determined by the executive director of the Ohio peace officer	4315
training commission, may receive an original appointment on a	4316
permanent basis and serve as a peace officer of a county,	4317
township, or municipal corporation, or as a state university law	4318
enforcement officer, without complying with the requirements of	4319
division (B) of this section.	4320

(2) Any person who held an appointment as a state highway	4321
trooper on January 1, 1966, may receive an original appointment on	4322
a permanent basis and serve as a peace officer of a county,	4323
township, or municipal corporation, or as a state university law	4324
enforcement officer, without complying with the requirements of	4325
division (B) of this section.	4326

(I) No person who is appointed as a peace officer of a	4327
county, township, or municipal corporation on or after April 9,	4328
1985, shall serve as a peace officer of that county, township, or	4329
municipal corporation unless the person has received training in	4330
the handling of missing children and child abuse and neglect cases	4331
from an approved state, county, township, or municipal police	4332
officer basic training program or receives the training within the	4333
time prescribed by rules adopted by the attorney general pursuant	4334
to section 109.741 of the Revised Code.	4335

(J) No part of any approved state, county, or municipal basic	4336
training program for bailiffs and deputy bailiffs of courts of	4337
record and no part of any approved state, county, or municipal	4338
basic training program for criminal investigators employed by the	4339
state public defender shall be used as credit toward the	4340
completion by a peace officer of any part of the approved state,	4341
county, or municipal peace officer basic training program that the	4342
peace officer is required by this section to complete	4343
satisfactorily.	4344

(K) This section does not apply to any member of the police	4345
department of a municipal corporation in an adjoining state	4346
serving in this state under a contract pursuant to section 737.04	4347
of the Revised Code.	4348

Sec. 109.85. (A) Upon the written request of the governor,	4349
the general assembly, the auditor of state, the medicaid director	4350
~~of job and family services~~, the director of health, or the	4351
director of budget and management, or upon the attorney general's	4352
becoming aware of criminal or improper activity related to Chapter	4353
3721. and the ~~medical assistance~~medicaid program ~~established~~	4354
~~under section 5111.01 of the Revised Code~~, the attorney general	4355
shall investigate any criminal or civil violation of law related	4356
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	4357
medicaid program.	4358

(B) When it appears to the attorney general, as a result of	4359
an investigation under division (A) of this section, that there is	4360
cause to prosecute for the commission of a crime or to pursue a	4361
civil remedy, the attorney general may refer the evidence to the	4362
prosecuting attorney having jurisdiction of the matter, or to a	4363
regular grand jury drawn and impaneled pursuant to sections	4364
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	4365
drawn and impaneled pursuant to section 2939.17 of the Revised	4366
Code, or the attorney general may initiate and prosecute any	4367
necessary criminal or civil actions in any court or tribunal of	4368
competent jurisdiction in this state. When proceeding under this	4369
section, the attorney general, and any assistant or special	4370
counsel designated by the attorney general for that purpose, have	4371
all rights, privileges, and powers of prosecuting attorneys. The	4372
attorney general shall have exclusive supervision and control of	4373
all investigations and prosecutions initiated by the attorney	4374
general under this section. The forfeiture provisions of Chapter	4375
2981. of the Revised Code apply in relation to any such criminal	4376
action initiated and prosecuted by the attorney general.	4377

(C) Nothing in this section shall prevent a county	4378
prosecuting attorney from investigating and prosecuting criminal	4379
activity related to Chapter 3721. of the Revised Code and the	4380
~~medical assistance~~medicaid program ~~established under section~~	4381
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	4382
2981. of the Revised Code apply in relation to any prosecution of	4383
criminal activity related to the ~~medical assistance~~medicaid	4384
program undertaken by the prosecuting attorney.	4385

Sec. 109.86. (A) The attorney general shall investigate any	4386
activity the attorney general has reasonable cause to believe is	4387
in violation of section 2903.34 of the Revised Code. Upon written	4388
request of the governor, the general assembly, the auditor of	4389
state, or the director of health, job and family services, aging,	4390
~~mental health~~mental health and addiction services, or	4391
developmental disabilities, the attorney general shall investigate	4392
any activity these persons believe is in violation of section	4393
2903.34 of the Revised Code. If after an investigation the	4394
attorney general has probable cause to prosecute for the	4395
commission of a crime, the attorney general shall refer the	4396
evidence to the prosecuting attorney, director of law, or other	4397
similar chief legal officer having jurisdiction over the matter.	4398
If the prosecuting attorney decides to present the evidence to a	4399
grand jury, the prosecuting attorney shall notify the attorney	4400
general in writing of the decision within thirty days after	4401
referral of the matter and shall present the evidence prior to the	4402
discharge of the next regular grand jury. If the director of law	4403
or other chief legal officer decides to prosecute the case, the	4404
director or officer shall notify the attorney general in writing	4405
of the decision within thirty days and shall initiate prosecution	4406
within sixty days after the matter was referred to the director or	4407
officer.	4408

(B) If the prosecuting attorney, director of law, or other	4409
chief legal officer fails to notify the attorney general or to	4410
present evidence or initiate prosecution in accordance with	4411
division (A) of this section, the attorney general may present the	4412
evidence to a regular grand jury drawn and impaneled pursuant to	4413
sections 2939.01 to 2939.24 of the Revised Code, or to a special	4414
grand jury drawn and impaneled pursuant to section 2939.17 of the	4415
Revised Code, or the attorney general may initiate and prosecute	4416
any action in any court or tribunal of competent jurisdiction in	4417
this state. The attorney general, and any assistant or special	4418
counsel designated by the attorney general, have all the powers of	4419
a prosecuting attorney, director of law, or other chief legal	4420
officer when proceeding under this section. Nothing in this	4421
section shall limit or prevent a prosecuting attorney, director of	4422
law, or other chief legal officer from investigating and	4423
prosecuting criminal activity committed against a resident or	4424
patient of a care facility.	4425

Sec. 109.90. (A) The attorney general shall collaborate with	4426
the state board of pharmacy and director of ~~alcohol and drug~~	4427
~~addiction services~~mental health and addiction services in the	4428
establishment and administration of a drug take-back program, as	4429
provided under section 4729.69 of the Revised Code. The office of	4430
the attorney general is solely responsible for the costs incurred	4431
in the establishment and administration of the program.	4432

(B) The attorney general may accept grants, gifts, or	4433
donations for purposes of the program. Money received under this	4434
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4435
shall be deposited into the state treasury to the credit of the	4436
drug take-back program fund, which is hereby created. Money	4437
credited to the fund shall be used solely for purposes of the	4438
program.	4439

Sec. 111.02. Before entering upon the discharge of the	4440
duties of ~~his~~ office, the secretary of state shall give a bond to	4441
the state in the sum of one hundred thousand dollars, with ~~two or~~	4442
~~more sureties approved by the governor, auditor of state, and~~	4443
~~attorney general~~a surety authorized to do business in the state,	4444
conditioned for the faithful discharge of the duties of ~~his~~the	4445
office of secretary of state. The bond~~, with the approval of the~~	4446
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4447
deposited with and kept by the director of administrative services	4448
~~and kept~~ in ~~his~~the director's office.	4449

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

4450

(1) "Rule" includes any rule, regulation, bylaw, or standard	4451
having a general and uniform operation adopted by an agency under	4452
the authority of the laws governing the agency; any appendix to a	4453
rule; and any internal management rule. "Rule" does not include	4454
any guideline adopted pursuant to section 3301.0714 of the Revised	4455
Code, any order respecting the duties of employees, any finding,	4456
any determination of a question of law or fact in a matter	4457
presented to an agency, or any rule promulgated pursuant to	4458
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4459
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4460
any amendment or rescission of a rule.	4461

(2) "Agency" means any governmental entity of the state and	4462
includes, but is not limited to, any board, department, division,	4463
commission, bureau, society, council, institution, state college	4464
or university, community college district, technical college	4465
district, or state community college. "Agency" does not include	4466
the general assembly, the controlling board, the adjutant	4467
general's department, or any court.	4468

(3) "Internal management rule" means any rule, regulation,	4469
bylaw, or standard governing the day-to-day staff procedures and	4470
operations within an agency.	4471

(4) "Substantive revision" has the same meaning as in	4472
division (J) of section 119.01 of the Revised Code.	4473

(B)(1) Any rule, other than a rule of an emergency nature,	4474
adopted by any agency pursuant to this section shall be effective	4475
on the tenth day after the day on which the rule in final form and	4476
in compliance with division (B)(3) of this section is filed as	4477
follows:	4478

(a) The rule shall be filed in electronic form with both the	4479
secretary of state and the director of the legislative service	4480
commission;	4481

(b) The rule shall be filed in electronic form with the joint	4482
committee on agency rule review. Division (B)(1)(b) of this	4483
section does not apply to any rule to which division (D) of this	4484
section does not apply.	4485

An agency that adopts or amends a rule that is subject to	4486
division (D) of this section shall assign a review date to the	4487
rule that is not later than five years after its effective date.	4488
If no review date is assigned to a rule, or if a review date	4489
assigned to a rule exceeds the five-year maximum, the review date	4490
for the rule is five years after its effective date. A rule with a	4491
review date is subject to review under section 119.032 of the	4492
Revised Code. This paragraph does not apply to a rule of a state	4493
college or university, community college district, technical	4494
college district, or state community college.	4495

If all filings are not completed on the same day, the rule	4496
shall be effective on the tenth day after the day on which the	4497
latest filing is completed. If an agency in adopting a rule	4498
designates an effective date that is later than the effective date	4499
provided for by division (B)(1) of this section, the rule if filed	4500
as required by such division shall become effective on the later	4501
date designated by the agency.	4502

Any rule that is required to be filed under division (B)(1)	4503
of this section is also subject to division (D) of this section if	4504
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4505
(8) of this section.	4506

If a rule incorporates a text or other material by reference,	4507
the agency shall comply with sections 121.71 to 121.76 of the	4508
Revised Code.	4509

(2) A rule of an emergency nature necessary for the immediate	4510
preservation of the public peace, health, or safety shall state	4511
the reasons for the necessity. The emergency rule, in final form	4512
and in compliance with division (B)(3) of this section, shall be	4513
filed in electronic form with the secretary of state, the director	4514
of the legislative service commission, and the joint committee on	4515
agency rule review. The emergency rule is effective immediately	4516
upon completion of the latest filing, except that if the agency in	4517
adopting the emergency rule designates an effective date, or date	4518
and time of day, that is later than the effective date and time	4519
provided for by division (B)(2) of this section, the emergency	4520
rule if filed as required by such division shall become effective	4521
at the later date, or later date and time of day, designated by	4522
the agency.	4523

An emergency rule becomes invalid at the end of the ninetieth	4524
day it is in effect. Prior to that date, the agency may file the	4525
emergency rule as a nonemergency rule in compliance with division	4526
(B)(1) of this section. The agency may not refile the emergency	4527
rule in compliance with division (B)(2) of this section so that,	4528
upon the emergency rule becoming invalid under such division, the	4529
emergency rule will continue in effect without interruption for	4530
another ninety-day period.	4531

(3) An agency shall file a rule under division (B)(1) or (2)	4532
of this section in compliance with the following standards and	4533
procedures:	4534

(a) The rule shall be numbered in accordance with the	4535
numbering system devised by the director for the Ohio	4536
administrative code.	4537

(b) The rule shall be prepared and submitted in compliance	4538
with the rules of the legislative service commission.	4539

(c) The rule shall clearly state the date on which it is to	4540
be effective and the date on which it will expire, if known.	4541

(d) Each rule that amends or rescinds another rule shall	4542
clearly refer to the rule that is amended or rescinded. Each	4543
amendment shall fully restate the rule as amended.	4544

If the director of the legislative service commission or the	4545
director's designee gives an agency notice pursuant to section	4546
103.05 of the Revised Code that a rule filed by the agency is not	4547
in compliance with the rules of the legislative service	4548
commission, the agency shall within thirty days after receipt of	4549
the notice conform the rule to the rules of the commission as	4550
directed in the notice.	4551

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4552
of this section shall be recorded by the secretary of state and	4553
the director under the title of the agency adopting the rule and	4554
shall be numbered according to the numbering system devised by the	4555
director. The secretary of state and the director shall preserve	4556
the rules in an accessible manner. Each such rule shall be a	4557
public record open to public inspection and may be transmitted to	4558
any law publishing company that wishes to reproduce it.	4559

(D) At least sixty-five days before a board, commission,	4560
department, division, or bureau of the government of the state	4561
files a rule under division (B)(1) of this section, it shall file	4562
the full text of the proposed rule in electronic form with the	4563
joint committee on agency rule review, and the proposed rule is	4564
subject to legislative review and invalidation under division (I)	4565
of section 119.03 of the Revised Code. If a state board,	4566
commission, department, division, or bureau makes a substantive	4567
revision in a proposed rule after it is filed with the joint	4568
committee, the state board, commission, department, division, or	4569
bureau shall promptly file the full text of the proposed rule in	4570
its revised form in electronic form with the joint committee. The	4571
latest version of a proposed rule as filed with the joint	4572
committee supersedes each earlier version of the text of the same	4573
proposed rule. ~~Except as provided in division (F) of this section,~~	4574
aA state board, commission, department, division, or bureau shall	4575
also file the rule summary and fiscal analysis prepared under	4576
section 127.18 of the Revised Code in electronic form along with a	4577
proposed rule, and along with a proposed rule in revised form,	4578
that is filed under this division. If a proposed rule has an	4579
adverse impact on businesses, the state board, commission,	4580
department, division, or bureau also shall file the business	4581
impact analysis, any recommendations received from the common	4582
sense initiative office, and the associated memorandum of	4583
response, if any, in electronic form along with the proposed rule,	4584
or the proposed rule in revised form, that is filed under this	4585
division.	4586

As used in this division, "commission" includes the public	4587
utilities commission when adopting rules under a federal or state	4588
statute.	4589

This division does not apply to any of the following:

4590

(1) A proposed rule of an emergency nature;

4591

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4592
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4593
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4594
Code;	4595

(3) A rule proposed by an agency other than a board,	4596
commission, department, division, or bureau of the government of	4597
the state;	4598

(4) A proposed internal management rule of a board,	4599
commission, department, division, or bureau of the government of	4600
the state;	4601

(5) Any proposed rule that must be adopted verbatim by an	4602
agency pursuant to federal law or rule, to become effective within	4603
sixty days of adoption, in order to continue the operation of a	4604
federally reimbursed program in this state, so long as the	4605
proposed rule contains both of the following:	4606

(a) A statement that it is proposed for the purpose of	4607
complying with a federal law or rule;	4608

(b) A citation to the federal law or rule that requires	4609
verbatim compliance.	4610

(6) An initial rule proposed by the director of health to	4611
impose safety standards and quality-of-care standards with respect	4612
to a health service specified in section 3702.11 of the Revised	4613
Code, or an initial rule proposed by the director to impose	4614
quality standards on a facility listed in division (A)(4) of	4615
section 3702.30 of the Revised Code, if section 3702.12 of the	4616
Revised Code requires that the rule be adopted under this section;	4617

(7) A rule of the state lottery commission pertaining to	4618
instant game rules.	4619

If a rule is exempt from legislative review under division	4620
(D)(5) of this section, and if the federal law or rule pursuant to	4621
which the rule was adopted expires, is repealed or rescinded, or	4622
otherwise terminates, the rule is thereafter subject to	4623
legislative review under division (D) of this section.	4624

(E) Whenever a state board, commission, department, division,	4625
or bureau files a proposed rule or a proposed rule in revised form	4626
under division (D) of this section, it shall also file the full	4627
text of the same proposed rule or proposed rule in revised form in	4628
electronic form with the secretary of state and the director of	4629
the legislative service commission. ~~Except as provided in division~~	4630
~~(F) of this section, a~~A state board, commission, department,	4631
division, or bureau shall file the rule summary and fiscal	4632
analysis prepared under section 127.18 of the Revised Code in	4633
electronic form along with a proposed rule or proposed rule in	4634
revised form that is filed with the secretary of state or the	4635
director of the legislative service commission.	4636

~~(F) Except as otherwise provided in this division, the~~	4637
~~auditor of state or the auditor of state's designee is not~~	4638
~~required to file a rule summary and fiscal analysis along with a~~	4639
~~proposed rule, or proposed rule in revised form, that the auditor~~	4640
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4641
~~of the Revised Code and files under division (D) or (E) of this~~	4642
~~section.~~	4643

Sec. 111.28. (A) There is hereby created in the state	4644
treasury the help America vote act (HAVA) fund. All moneys	4645
received by the secretary of state from the United States election	4646
assistance commission shall be credited to the fund. The secretary	4647
of state shall use the moneys credited to the fund for activities	4648
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4649
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4650
shall be credited to the fund.	4651

(B) There is hereby created in the state treasury the	4652
election reform/health and human services fund. All moneys	4653
received by the secretary of state from the United States	4654
department of health and human services shall be credited to the	4655
fund. The secretary of state shall use the moneys credited to the	4656
fund for activities conducted pursuant to grants awarded to the	4657
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4658
America Vote Act of 2002 to assure access for individuals with	4659
disabilities. All investment earnings of the fund shall be	4660
credited to the fund.	4661

(C) There is hereby created in the state treasury the	4662
miscellaneous federal grants fund. All moneys the secretary of	4663
state receives as grants from federal sources that are not	4664
otherwise designated shall be credited to the fund. The secretary	4665
of state shall use the moneys credited to the fund for the	4666
purposes and activities required by the applicable federal grant	4667
agreements. All investment earnings of the fund shall be credited	4668
to the fund.	4669

Sec. 113.02. Before entering upon the discharge of the	4670
duties of ~~his~~ office, the treasurer of state shall give a bond to	4671
the state in the sum of one million dollars, with ~~sureties~~	4672
~~approved by the governor~~a surety authorized to do business in the	4673
state, conditioned for the faithful discharge of the duties of ~~his~~	4674
the office of treasurer of state. The bond~~, with the approval of~~	4675
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4676
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4677
the secretary of state's office.	4678

Sec. 113.061. The treasurer of state shall adopt rules in	4679
accordance with Chapter 119. of the Revised Code governing the	4680
remittance of taxes by electronic funds transfer as required under	4681
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5736.04,	4682
5739.032, 5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the	4683
Revised Code and any other section of the Revised Code under which	4684
a person is required to remit taxes by electronic funds transfer.	4685
The rules shall govern the modes of electronic funds transfer	4686
acceptable to the treasurer of state and under what circumstances	4687
each mode is acceptable, the content and format of electronic	4688
funds transfers, the coordination of payment by electronic funds	4689
transfer and filing of associated tax reports and returns, the	4690
remittance of taxes by means other than electronic funds transfer	4691
by persons otherwise required to do so but relieved of the	4692
requirement by the treasurer of state, and any other matter that	4693
in the opinion of the treasurer of state facilitates payment by	4694
electronic funds transfer in a manner consistent with those	4695
sections.	4696

Upon failure by a person, if so required, to remit taxes by	4697
electronic funds transfer in the manner prescribed under section	4698
5726.03, 5727.83, 5733.022, 5735.062, 5736.04, 5739.032, 5745.04,	4699
or 5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4700
adopted under this section, the treasurer of state shall notify	4701
the tax commissioner of such failure if the treasurer of state	4702
determines that such failure was not due to reasonable cause or	4703
was due to willful neglect, and shall provide the tax commissioner	4704
with any information used in making that determination. The tax	4705
commissioner may assess an additional charge as specified in the	4706
respective section of the Revised Code governing the requirement	4707
to remit taxes by electronic funds transfer.	4708

The treasurer of state may implement means of acknowledging,	4709
upon the request of a taxpayer, receipt of tax remittances made by	4710
electronic funds transfer, and may adopt rules governing	4711
acknowledgments. The cost of acknowledging receipt of electronic	4712
remittances shall be paid by the person requesting acknowledgment.	4713

The treasurer of state, not the tax commissioner, is	4714
responsible for resolving any problems involving electronic funds	4715
transfer transmissions.	4716

Sec. 117.03. Before entering upon the discharge of the	4717
duties of ~~his~~ office, the auditor of state shall give a bond to	4718
the state in the sum of twenty thousand dollars, with a surety	4719
~~approved by the governor~~authorized to do business in the state,	4720
conditioned for the faithful discharge of the duties of ~~his~~the	4721
office of auditor of state. The bond~~, with the approval of the~~	4722
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4723
deposited with and kept by the secretary of state and kept in ~~his~~	4724
the secretary of state's office.	4725

Sec. 117.10. The auditor of state shall audit all public	4726
offices as provided in this chapter. The auditor of state also may	4727
audit the accounts of private institutions, associations, boards,	4728
and corporations receiving public money for their use and may	4729
require of them annual reports in such form as the auditor of	4730
state prescribes.	4731

If the auditor of state performs or contracts for the	4732
performance of an audit, including a special audit, of the public	4733
employees retirement system, school employees retirement system,	4734
state teachers retirement system, state highway patrol retirement	4735
system, or Ohio police and fire pension fund, the auditor of state	4736
shall make a timely report of the results of the audit to the Ohio	4737
retirement study council.	4738

The auditor of state may audit the accounts of any medicaid	4739
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4740
Code.	4741

If a public office has been audited by an agency of the	4742
United States government, the auditor of state may, if satisfied	4743
that the federal audit has been conducted according to principles	4744
and procedures not contrary to those of the auditor of state, use	4745
and adopt the federal audit and report in lieu of an audit by the	4746
auditor of state's own office.	4747

Within thirty days after the creation or dissolution or the	4748
winding up of the affairs of any public office, that public office	4749
shall notify the auditor of state in writing that this action has	4750
occurred.	4751

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4752
of the Revised Code, the auditor of state or the auditor of	4753
state's designee shall do both of the following:	4754

(1) Before adopting any such rule, except a rule of an	4755
emergency nature, do each of the following:	4756

(a) At least thirty-five days before any public hearing on	4757
the proposed rule-making action, mail or send by electronic mail	4758
notice of the hearing to each public office and to each statewide	4759
organization that the auditor of state or designee determines will	4760
be affected or represents persons who will be affected by the	4761
proposed rule-making action;	4762

(b) Mail or send by electronic mail a copy of the proposed	4763
rule to any person or organization that requests a copy within	4764
five days after receipt of the request;	4765

(c) Consult with appropriate state and local government	4766
agencies, or with persons representative of their interests,	4767
including statewide organizations of local government officials,	4768
and consult with accounting professionals and other interested	4769
persons;	4770

(d) Conduct, on the date and at the time and place designated	4771
in the notice, a public hearing at which any person affected by	4772
the proposed rule, including statewide organizations of local	4773
government officials, may appear and be heard in person, by	4774
attorney, or both, and may present the person's or organization's	4775
position or contentions orally or in writing.	4776

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4777
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4778
of the Revised Code. ~~The auditor of state is not required to file~~	4779
~~a rule summary and fiscal analysis along with any copy of a~~	4780
~~proposed rule, or proposed rule in revised form, that is filed~~	4781
~~with the joint committee on agency rule review, the secretary of~~	4782
~~state, or the director of the legislative service commission under~~	4783
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4784

(B) The auditor of state shall diligently discharge the	4785
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4786
section, but failure to mail or send by electronic mail any notice	4787
or copy of a proposed rule, or to consult with any person or	4788
organization, shall not invalidate any rule.	4789

(C) Notwithstanding any contrary provision of the Revised	4790
Code, the auditor of state may prepare and disseminate, to public	4791
offices and other interested persons and organizations, advisory	4792
bulletins, directives, and instructions relating to accounting and	4793
financial reporting systems, budgeting procedures, fiscal	4794
controls, and the constructions by the auditor of state of	4795
constitutional and statutory provisions, court decisions, and	4796
opinions of the attorney general. The bulletins, directives, and	4797
instructions shall be of an advisory nature only.	4798

(D) As used in this section, "rule" includes the adoption,	4799
amendment, or rescission of a rule.	4800

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4801
Revised Code:	4802

(A)(1) "Agency" means, except as limited by this division,	4803
any official, board, or commission having authority to promulgate	4804
rules or make adjudications in the civil service commission, the	4805
division of liquor control, the department of taxation, the	4806
industrial commission, the bureau of workers' compensation, the	4807
functions of any administrative or executive officer, department,	4808
division, bureau, board, or commission of the government of the	4809
state specifically made subject to sections 119.01 to 119.13 of	4810
the Revised Code, and the licensing functions of any	4811
administrative or executive officer, department, division, bureau,	4812
board, or commission of the government of the state having the	4813
authority or responsibility of issuing, suspending, revoking, or	4814
canceling licenses.	4815

Except as otherwise provided in division (I) of this section,	4816
sections 119.01 to 119.13 of the Revised Code do not apply to the	4817
public utilities commission. Sections 119.01 to 119.13 of the	4818
Revised Code do not apply to the utility radiological safety	4819
board; to the controlling board; to actions of the superintendent	4820
of financial institutions and the superintendent of insurance in	4821
the taking possession of, and rehabilitation or liquidation of,	4822
the business and property of banks, savings and loan associations,	4823
savings banks, credit unions, insurance companies, associations,	4824
reciprocal fraternal benefit societies, and bond investment	4825
companies; to any action taken by the division of securities under	4826
section 1707.201 of the Revised Code; or to any action that may be	4827
taken by the superintendent of financial institutions under	4828
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4829
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4830
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4831

Sections 119.01 to 119.13 of the Revised Code do not apply to	4832
actions of the industrial commission or the bureau of workers'	4833
compensation under sections 4123.01 to 4123.94 of the Revised Code	4834
with respect to all matters of adjudication, or to the actions of	4835
the industrial commission, bureau of workers' compensation board	4836
of directors, and bureau of workers' compensation under division	4837
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4838
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4839
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4840
(E) of section 4131.14 of the Revised Code with respect to all	4841
matters concerning the establishment of premium, contribution, and	4842
assessment rates.	4843

(2) "Agency" also means any official or work unit having	4844
authority to promulgate rules or make adjudications in the	4845
department of job and family services, but only with respect to	4846
both of the following:	4847

(a) The adoption, amendment, or rescission of rules that	4848
section 5101.09 of the Revised Code requires be adopted in	4849
accordance with this chapter;	4850

(b) The issuance, suspension, revocation, or cancellation of	4851
licenses.	4852

(B) "License" means any license, permit, certificate,	4853
commission, or charter issued by any agency. "License" does not	4854
include any arrangement whereby a person~~, institution,~~ or	4855
government entity furnishes medicaid services under a provider	4856
agreement with the department of ~~job and family services pursuant~~	4857
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4858
~~U.S.C. 301, as amended~~medicaid.	4859

(C) "Rule" means any rule, regulation, or standard, having a	4860
general and uniform operation, adopted, promulgated, and enforced	4861
by any agency under the authority of the laws governing such	4862
agency, and includes any appendix to a rule. "Rule" does not	4863
include any internal management rule of an agency unless the	4864
internal management rule affects private rights and does not	4865
include any guideline adopted pursuant to section 3301.0714 of the	4866
Revised Code.	4867

(D) "Adjudication" means the determination by the highest or	4868
ultimate authority of an agency of the rights, duties, privileges,	4869
benefits, or legal relationships of a specified person, but does	4870
not include the issuance of a license in response to an	4871
application with respect to which no question is raised, nor other	4872
acts of a ministerial nature.	4873

(E) "Hearing" means a public hearing by any agency in	4874
compliance with procedural safeguards afforded by sections 119.01	4875
to 119.13 of the Revised Code.	4876

(F) "Person" means a person, firm, corporation, association,	4877
or partnership.	4878

(G) "Party" means the person whose interests are the subject	4879
of an adjudication by an agency.	4880

(H) "Appeal" means the procedure by which a person, aggrieved	4881
by a finding, decision, order, or adjudication of any agency,	4882
invokes the jurisdiction of a court.	4883

(I) "Rule-making agency" means any board, commission,	4884
department, division, or bureau of the government of the state	4885
that is required to file proposed rules, amendments, or	4886
rescissions under division (D) of section 111.15 of the Revised	4887
Code and any agency that is required to file proposed rules,	4888
amendments, or rescissions under divisions (B) and (H) of section	4889
119.03 of the Revised Code. "Rule-making agency" includes the	4890
public utilities commission. "Rule-making agency" does not include	4891
any state-supported college or university.	4892

(J) "Substantive revision" means any addition to, elimination	4893
from, or other change in a rule, an amendment of a rule, or a	4894
rescission of a rule, whether of a substantive or procedural	4895
nature, that changes any of the following:	4896

(1) That which the rule, amendment, or rescission permits,	4897
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4898
otherwise affects;	4899

(2) The scope or application of the rule, amendment, or	4900
rescission.	4901

(K) "Internal management rule" means any rule, regulation, or	4902
standard governing the day-to-day staff procedures and operations	4903
within an agency.	4904

Sec. 120.06. (A)(1) The state public defender, when	4905
designated by the court or requested by a county public defender	4906
or joint county public defender, may provide legal representation	4907
in all courts throughout the state to indigent adults and	4908
juveniles who are charged with the commission of an offense or act	4909
for which the penalty or any possible adjudication includes the	4910
potential loss of liberty.	4911

(2) The state public defender may provide legal	4912
representation to any indigent person who, while incarcerated in	4913
any state correctional institution, is charged with a felony	4914
offense, for which the penalty or any possible adjudication that	4915
may be imposed by a court upon conviction includes the potential	4916
loss of liberty.	4917

(3) The state public defender may provide legal	4918
representation to any person incarcerated in any correctional	4919
institution of the state, in any matter in which the person	4920
asserts the person is unlawfully imprisoned or detained.	4921

(4) The state public defender, in any case in which the state	4922
public defender has provided legal representation or is requested	4923
to do so by a county public defender or joint county public	4924
defender, may provide legal representation on appeal.	4925

(5) The state public defender, when designated by the court	4926
or requested by a county public defender, joint county public	4927
defender, or the director of rehabilitation and correction, shall	4928
provide legal representation in parole and probation revocation	4929
matters or matters relating to the revocation of community control	4930
or post-release control under a community control sanction or	4931
post-release control sanction, unless the state public defender	4932
finds that the alleged parole or probation violator or alleged	4933
violator of a community control sanction or post-release control	4934
sanction has the financial capacity to retain the alleged	4935
violator's own counsel.	4936

(6) The state public defender, when designated by the court	4937
or requested by a county public defender, joint county public	4938
defender, the director of rehabilitation and correction, or the	4939
director of youth services, shall provide legal representation to	4940
a child confined in a facility operated, or contracted for, by the	4941
department of youth services, on administrative issues that may	4942
extend the period of the child's confinement in a facility	4943
operated, or contracted for, by the department of youth services,	4944
unless the state public defender finds that the child has the	4945
financial capacity to retain the child's own counsel.	4946

(7) If the state public defender contracts with a county	4947
public defender commission, a joint county public defender	4948
commission, or a board of county commissioners for the provision	4949
of services, under authority of division (C)(7) of section 120.04	4950
of the Revised Code, the state public defender shall provide legal	4951
representation in accordance with the contract.	4952

(B) The state public defender shall not be required to	4953
prosecute any appeal, postconviction remedy, or other proceeding	4954
pursuant to division (A)(3), (4), or (5), or (6) of this section,	4955
unless the state public defender first is satisfied that there is	4956
arguable merit to the proceeding.	4957

(C) A court may appoint counsel or allow an indigent person	4958
to select the indigent's own personal counsel to assist the state	4959
public defender as co-counsel when the interests of justice so	4960
require. When co-counsel is appointed to assist the state public	4961
defender, the co-counsel shall receive any compensation that the	4962
court may approve, not to exceed the amounts provided for in	4963
section 2941.51 of the Revised Code.	4964

(D)(1) When the state public defender is designated by the	4965
court or requested by a county public defender or joint county	4966
public defender to provide legal representation for an indigent	4967
person in any case, other than pursuant to a contract entered into	4968
under authority of division (C)(7) of section 120.04 of the	4969
Revised Code, the state public defender shall send to the county	4970
in which the case is filed a bill detailing the actual cost of the	4971
representation that separately itemizes legal fees and expenses.	4972
The county, upon receipt of an itemized bill from the state public	4973
defender pursuant to this division, shall pay the state public	4974
defender each of the following amounts:	4975

(a) For the amount identified as legal fees in the itemized	4976
bill, one hundred per cent of the amount identified as legal fees	4977
less the state reimbursement rate as calculated by the state	4978
public defender pursuant to section 120.34 of the Revised Code for	4979
the month the case terminated, as set forth in the itemized bill;	4980

(b) For the amount identified as expenses in the itemized	4981
bill, one hundred per cent.	4982

(2) Upon payment of the itemized bill under division (D)(1)	4983
of this section, the county may submit the cost of the expenses,	4984
excluding legal fees, to the state public defender for	4985
reimbursement pursuant to section 120.33 of the Revised Code.	4986

(3) When the state public defender provides investigation or	4987
mitigation services to private appointed counsel or to a county or	4988
joint county public defender as approved by the appointing court,	4989
other than pursuant to a contract entered into under authority of	4990
division (C)(7) of section 120.04 of the Revised Code, the state	4991
public defender shall send to the county in which the case is	4992
filed a bill itemizing the actual cost of the services provided.	4993
The county, upon receipt of an itemized bill from the state public	4994
defender pursuant to this division, shall pay one hundred per cent	4995
of the amount as set forth in the itemized bill. Upon payment of	4996
the itemized bill received pursuant to this division, the county	4997
may submit the cost of the investigation and mitigation services	4998
to the state public defender for reimbursement pursuant to section	4999
120.33 of the Revised Code.	5000

(4) There is hereby created in the state treasury the county	5001
representation fund for the deposit of moneys received from	5002
counties under this division. All moneys credited to the fund	5003
shall be used by the state public defender to provide legal	5004
representation for indigent persons when designated by the court	5005
or requested by a county or joint county public defender or to	5006
provide investigation or mitigation services, including	5007
investigation or mitigation services to private appointed counsel	5008
or a county or joint county public defender, as approved by the	5009
court.	5010

(E)(1) Notwithstanding any contrary provision of sections	5011
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	5012
that pertains to representation by the attorney general, an	5013
assistant attorney general, or special counsel of an officer or	5014
employee, as defined in section 109.36 of the Revised Code, or of	5015
an entity of state government, the state public defender may elect	5016
to contract with, and to have the state pay pursuant to division	5017
(E)(2) of this section for the services of, private legal counsel	5018
to represent the Ohio public defender commission, the state public	5019
defender, assistant state public defenders, other employees of the	5020
commission or the state public defender, and attorneys described	5021
in division (C) of section 120.41 of the Revised Code in a	5022
malpractice or other civil action or proceeding that arises from	5023
alleged actions or omissions related to responsibilities derived	5024
pursuant to this chapter, or in a civil action that is based upon	5025
alleged violations of the constitution or statutes of the United	5026
States, including section 1983 of Title 42 of the United States	5027
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	5028
arises from alleged actions or omissions related to	5029
responsibilities derived pursuant to this chapter, if the state	5030
public defender determines, in good faith, that the defendant in	5031
the civil action or proceeding did not act manifestly outside the	5032
scope of the defendant's employment or official responsibilities,	5033
with malicious purpose, in bad faith, or in a wanton or reckless	5034
manner. If the state public defender elects not to contract	5035
pursuant to this division for private legal counsel in a civil	5036
action or proceeding, then, in accordance with sections 109.02,	5037
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	5038
attorney general shall represent or provide for the representation	5039
of the Ohio public defender commission, the state public defender,	5040
assistant state public defenders, other employees of the	5041
commission or the state public defender, or attorneys described in	5042
division (C) of section 120.41 of the Revised Code in the civil	5043
action or proceeding.	5044

(2)(a) Subject to division (E)(2)(b) of this section, payment	5045
from the state treasury for the services of private legal counsel	5046
with whom the state public defender has contracted pursuant to	5047
division (E)(1) of this section shall be accomplished only through	5048
the following procedure:	5049

(i) The private legal counsel shall file with the attorney	5050
general a copy of the contract; a request for an award of legal	5051
fees, court costs, and expenses earned or incurred in connection	5052
with the defense of the Ohio public defender commission, the state	5053
public defender, an assistant state public defender, an employee,	5054
or an attorney in a specified civil action or proceeding; a	5055
written itemization of those fees, costs, and expenses, including	5056
the signature of the state public defender and the state public	5057
defender's attestation that the fees, costs, and expenses were	5058
earned or incurred pursuant to division (E)(1) of this section to	5059
the best of the state public defender's knowledge and information;	5060
a written statement whether the fees, costs, and expenses are for	5061
all legal services to be rendered in connection with that defense,	5062
are only for legal services rendered to the date of the request	5063
and additional legal services likely will have to be provided in	5064
connection with that defense, or are for the final legal services	5065
rendered in connection with that defense; a written statement	5066
indicating whether the private legal counsel previously submitted	5067
a request for an award under division (E)(2) of this section in	5068
connection with that defense and, if so, the date and the amount	5069
of each award granted; and, if the fees, costs, and expenses are	5070
for all legal services to be rendered in connection with that	5071
defense or are for the final legal services rendered in connection	5072
with that defense, a certified copy of any judgment entry in the	5073
civil action or proceeding or a signed copy of any settlement	5074
agreement entered into between the parties to the civil action or	5075
proceeding.	5076

(ii) Upon receipt of a request for an award of legal fees,	5077
court costs, and expenses and the requisite supportive	5078
documentation described in division (E)(2)(a)(i) of this section,	5079
the attorney general shall review the request and documentation;	5080
determine whether any of the limitations specified in division	5081
(E)(2)(b) of this section apply to the request; and, if an award	5082
of legal fees, court costs, or expenses is permissible after	5083
applying the limitations, prepare a document awarding legal fees,	5084
court costs, or expenses to the private legal counsel. The	5085
document shall name the private legal counsel as the recipient of	5086
the award; specify the total amount of the award as determined by	5087
the attorney general; itemize the portions of the award that	5088
represent legal fees, court costs, and expenses; specify any	5089
limitation applied pursuant to division (E)(2)(b) of this section	5090
to reduce the amount of the award sought by the private legal	5091
counsel; state that the award is payable from the state treasury	5092
pursuant to division (E)(2)(a)(iii) of this section; and be	5093
approved by the inclusion of the signatures of the attorney	5094
general, the state public defender, and the private legal counsel.	5095

(iii) The attorney general shall forward a copy of the	5096
document prepared pursuant to division (E)(2)(a)(ii) of this	5097
section to the director of budget and management. The award of	5098
legal fees, court costs, or expenses shall be paid out of the	5099
state public defender's appropriations, to the extent there is a	5100
sufficient available balance in those appropriations. If the state	5101
public defender does not have a sufficient available balance in	5102
the state public defender's appropriations to pay the entire award	5103
of legal fees, court costs, or expenses, the director shall make	5104
application for a transfer of appropriations out of the emergency	5105
purposes account or any other appropriation for emergencies or	5106
contingencies in an amount equal to the portion of the award that	5107
exceeds the sufficient available balance in the state public	5108
defender's appropriations. A transfer of appropriations out of the	5109
emergency purposes account or any other appropriation for	5110
emergencies or contingencies shall be authorized if there are	5111
sufficient moneys greater than the sum total of then pending	5112
emergency purposes account requests, or requests for releases from	5113
the other appropriation. If a transfer of appropriations out of	5114
the emergency purposes account or other appropriation for	5115
emergencies or contingencies is made to pay an amount equal to the	5116
portion of the award that exceeds the sufficient available balance	5117
in the state public defender's appropriations, the director shall	5118
cause the payment to be made to the private legal counsel. If	5119
sufficient moneys do not exist in the emergency purposes account	5120
or other appropriation for emergencies or contingencies to pay an	5121
amount equal to the portion of the award that exceeds the	5122
sufficient available balance in the state public defender's	5123
appropriations, the private legal counsel shall request the	5124
general assembly to make an appropriation sufficient to pay an	5125
amount equal to the portion of the award that exceeds the	5126
sufficient available balance in the state public defender's	5127
appropriations, and no payment in that amount shall be made until	5128
the appropriation has been made. The private legal counsel shall	5129
make the request during the current biennium and during each	5130
succeeding biennium until a sufficient appropriation is made.	5131

(b) An award of legal fees, court costs, and expenses	5132
pursuant to division (E) of this section is subject to the	5133
following limitations:	5134

(i) The maximum award or maximum aggregate of a series of	5135
awards of legal fees, court costs, and expenses to the private	5136
legal counsel in connection with the defense of the Ohio public	5137
defender commission, the state public defender, an assistant state	5138
public defender, an employee, or an attorney in a specified civil	5139
action or proceeding shall not exceed fifty thousand dollars.	5140

(ii) The private legal counsel shall not be awarded legal	5141
fees, court costs, or expenses to the extent the fees, costs, or	5142
expenses are covered by a policy of malpractice or other	5143
insurance.	5144

(iii) The private legal counsel shall be awarded legal fees	5145
and expenses only to the extent that the fees and expenses are	5146
reasonable in light of the legal services rendered by the private	5147
legal counsel in connection with the defense of the Ohio public	5148
defender commission, the state public defender, an assistant state	5149
public defender, an employee, or an attorney in a specified civil	5150
action or proceeding.	5151

(c) If, pursuant to division (E)(2)(a) of this section, the	5152
attorney general denies a request for an award of legal fees,	5153
court costs, or expenses to private legal counsel because of the	5154
application of a limitation specified in division (E)(2)(b) of	5155
this section, the attorney general shall notify the private legal	5156
counsel in writing of the denial and of the limitation applied.	5157

(d) If, pursuant to division (E)(2)(c) of this section, a	5158
private legal counsel receives a denial of an award notification	5159
or if a private legal counsel refuses to approve a document under	5160
division (E)(2)(a)(ii) of this section because of the proposed	5161
application of a limitation specified in division (E)(2)(b) of	5162
this section, the private legal counsel may commence a civil	5163
action against the attorney general in the court of claims to	5164
prove the private legal counsel's entitlement to the award sought,	5165
to prove that division (E)(2)(b) of this section does not prohibit	5166
or otherwise limit the award sought, and to recover a judgment for	5167
the amount of the award sought. A civil action under division	5168
(E)(2)(d) of this section shall be commenced no later than two	5169
years after receipt of a denial of award notification or, if the	5170
private legal counsel refused to approve a document under division	5171
(E)(2)(a)(ii) of this section because of the proposed application	5172
of a limitation specified in division (E)(2)(b) of this section,	5173
no later than two years after the refusal. Any judgment of the	5174
court of claims in favor of the private legal counsel shall be	5175
paid from the state treasury in accordance with division (E)(2)(a)	5176
of this section.	5177

(F) If a court appoints the office of the state public	5178
defender to represent a petitioner in a postconviction relief	5179
proceeding under section 2953.21 of the Revised Code, the	5180
petitioner has received a sentence of death, and the proceeding	5181
relates to that sentence, all of the attorneys who represent the	5182
petitioner in the proceeding pursuant to the appointment, whether	5183
an assistant state public defender, the state public defender, or	5184
another attorney, shall be certified under Rule 20 of the Rules of	5185
Superintendence for the Courts of Ohio to represent indigent	5186
defendants charged with or convicted of an offense for which the	5187
death penalty can be or has been imposed.	5188

(G)(1) The state public defender may conduct a legal	5189
assistance referral service for children committed to the	5190
department of youth services relative to conditions of confinement	5191
claims. If the legal assistance referral service receives a	5192
request for assistance from a child confined in a facility	5193
operated, or contracted for, by the department of youth services	5194
and the state public defender determines that the child has a	5195
conditions of confinement claim that has merit, the state public	5196
defender may refer the child to a private attorney. If no private	5197
attorney who the child has been referred to by the state public	5198
defender accepts the case within a reasonable time, the state	5199
public defender may prepare, as appropriate, pro se pleadings in	5200
the form of a complaint regarding the conditions of confinement at	5201
the facility where the child is confined with a motion for	5202
appointment of counsel and other applicable pleadings necessary	5203
for sufficient pro se representation.	5204

(2) Division (G)(1) of this section does not authorize the	5205
state public defender to represent a child committed to the	5206
department of youth services in general civil matters arising	5207
solely out of state law.	5208

(3) The state public defender shall not undertake the	5209
representation of a child in court based on a conditions of	5210
confinement claim arising under this division.	5211

(H) A child's right to representation or services under this	5212
section is not affected by the child, or another person on behalf	5213
of the child, previously having paid for similar representation or	5214
services or having waived legal representation.	5215

(I) The state public defender shall have reasonable access to	5216
any child committed to the department of youth services,	5217
department of youth services institution, and department of youth	5218
services record as needed to implement this section.	5219

(J) As used in this section:

5220

(1) "Community control sanction" has the same meaning as in	5221
section 2929.01 of the Revised Code.	5222

(2) "Conditions of confinement" means any issue involving a	5223
constitutional right or other civil right related to a child's	5224
incarceration, including, but not limited to, actions cognizable	5225
under 42 U.S.C. 1983.	5226

(3) "Post-release control sanction" has the same meaning as	5227
in section 2967.01 of the Revised Code.	5228

Sec. 121.02. The following administrative departments and	5229
their respective directors are hereby created:	5230

(A) The office of budget and management, which shall be	5231
administered by the director of budget and management;	5232

(B) The department of commerce, which shall be administered	5233
by the director of commerce;	5234

(C) The department of administrative services, which shall be	5235
administered by the director of administrative services;	5236

(D) The department of transportation, which shall be	5237
administered by the director of transportation;	5238

(E) The department of agriculture, which shall be	5239
administered by the director of agriculture;	5240

(F) The department of natural resources, which shall be	5241
administered by the director of natural resources;	5242

(G) The department of health, which shall be administered by	5243
the director of health;	5244

(H) The department of job and family services, which shall be	5245
administered by the director of job and family services;	5246

(I) Until July 1, 1997, the department of liquor control,	5247
which shall be administered by the director of liquor control;	5248

(J) The department of public safety, which shall be	5249
administered by the director of public safety;	5250

(K) The department of ~~mental health~~mental health and	5251
addiction services, which shall be administered by the director of	5252
~~mental health~~mental health and addiction services;	5253

(L) The department of developmental disabilities, which shall	5254
be administered by the director of developmental disabilities;	5255

(M) The department of insurance, which shall be administered	5256
by the superintendent of insurance as director thereof;	5257

(N) The development services agency, which shall be	5258
administered by the director of development services;	5259

(O) The department of youth services, which shall be	5260
administered by the director of youth services;	5261

(P) The department of rehabilitation and correction, which	5262
shall be administered by the director of rehabilitation and	5263
correction;	5264

(Q) The environmental protection agency, which shall be	5265
administered by the director of environmental protection;	5266

(R) The department of aging, which shall be administered by	5267
the director of aging;	5268

(S) ~~The department of alcohol and drug addiction services,~~	5269
~~which shall be administered by the director of~~ ~~alcohol and drug~~	5270
~~addiction services~~;	5271

~~(T)~~ The department of veterans services, which shall be	5272
administered by the director of veterans services;	5273

(T) The department of medicaid, which shall be administered	5274
by the medicaid director.	5275

The director of each department shall exercise the powers and	5276
perform the duties vested by law in such department.	5277

Sec. 121.03. The following administrative department heads	5278
shall be appointed by the governor, with the advice and consent of	5279
the senate, and shall hold their offices during the term of the	5280
appointing governor, and are subject to removal at the pleasure of	5281
the governor.	5282

(A) The director of budget and management;

5283

(B) The director of commerce;

5284

5285

(D) The director of agriculture;

5286

(E) The director of job and family services;

5287

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

5288

(G) The director of public safety;

5289

(H) The superintendent of insurance;

5290

(I) The director of development services;

5291

(J) The tax commissioner;

5292

(K) The director of administrative services;

5293

(L) The director of natural resources;

5294

(M) The director of ~~mental health~~mental health and addiction	5295
services;	5296

(N) The director of developmental disabilities;

5297

(O) The director of health;

5298

(P) The director of youth services;

5299

(Q) The director of rehabilitation and correction;

5300

(R) The director of environmental protection;

5301

(S) The director of aging;

5302

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

5303

~~(U)~~ The administrator of workers' compensation who meets the	5304
qualifications required under division (A) of section 4121.121 of	5305
the Revised Code;	5306

~~(V)~~(U) The director of veterans services who meets the	5307
qualifications required under section 5902.01 of the Revised Code;	5308

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

5309

(W) The medicaid director.

5310

Sec. 121.22. (A) This section shall be liberally construed	5311
to require public officials to take official action and to conduct	5312
all deliberations upon official business only in open meetings	5313
unless the subject matter is specifically excepted by law.	5314

(B) As used in this section:

5315

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

5316

(a) Any board, commission, committee, council, or similar	5317
decision-making body of a state agency, institution, or authority,	5318
and any legislative authority or board, commission, committee,	5319
council, agency, authority, or similar decision-making body of any	5320
county, township, municipal corporation, school district, or other	5321
political subdivision or local public institution;	5322

(b) Any committee or subcommittee of a body described in	5323
division (B)(1)(a) of this section;	5324

(c) A court of jurisdiction of a sanitary district organized	5325
wholly for the purpose of providing a water supply for domestic,	5326
municipal, and public use when meeting for the purpose of the	5327
appointment, removal, or reappointment of a member of the board of	5328
directors of such a district pursuant to section 6115.10 of the	5329
Revised Code, if applicable, or for any other matter related to	5330
such a district other than litigation involving the district. As	5331
used in division (B)(1)(c) of this section, "court of	5332
jurisdiction" has the same meaning as "court" in section 6115.01	5333
of the Revised Code.	5334

(2) "Meeting" means any prearranged discussion of the public	5335
business of the public body by a majority of its members.	5336

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

5337

(a) A student in a state or local public educational	5338
institution;	5339

(b) A person who is, voluntarily or involuntarily, an inmate,	5340
patient, or resident of a state or local institution because of	5341
criminal behavior, mental illness or retardation, disease,	5342
disability, age, or other condition requiring custodial care.	5343

(4) "Public office" has the same meaning as in section	5344
149.011 of the Revised Code.	5345

(C) All meetings of any public body are declared to be public	5346
meetings open to the public at all times. A member of a public	5347
body shall be present in person at a meeting open to the public to	5348
be considered present or to vote at the meeting and for purposes	5349
of determining whether a quorum is present at the meeting.	5350

The minutes of a regular or special meeting of any public	5351
body shall be promptly prepared, filed, and maintained and shall	5352
be open to public inspection. The minutes need only reflect the	5353
general subject matter of discussions in executive sessions	5354
authorized under division (G) or (J) of this section.	5355

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

5356

(1) A grand jury;

5357

(2) An audit conference conducted by the auditor of state or	5358
independent certified public accountants with officials of the	5359
public office that is the subject of the audit;	5360

(3) The adult parole authority when its hearings are	5361
conducted at a correctional institution for the sole purpose of	5362
interviewing inmates to determine parole or pardon;	5363

(4) The organized crime investigations commission established	5364
under section 177.01 of the Revised Code;	5365

(5) Meetings of a child fatality review board established	5366
under section 307.621 of the Revised Code and meetings conducted	5367
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	5368

(6) The state medical board when determining whether to	5369
suspend a certificate without a prior hearing pursuant to division	5370
(G) of either section 4730.25 or 4731.22 of the Revised Code;	5371

(7) The board of nursing when determining whether to suspend	5372
a license or certificate without a prior hearing pursuant to	5373
division (B) of section 4723.281 of the Revised Code;	5374

(8) The state board of pharmacy when determining whether to	5375
suspend a license without a prior hearing pursuant to division (D)	5376
of section 4729.16 of the Revised Code;	5377

(9) The state chiropractic board when determining whether to	5378
suspend a license without a hearing pursuant to section 4734.37 of	5379
the Revised Code;	5380

(10) The executive committee of the emergency response	5381
commission when determining whether to issue an enforcement order	5382
or request that a civil action, civil penalty action, or criminal	5383
action be brought to enforce Chapter 3750. of the Revised Code;	5384

(11) The board of directors of the nonprofit corporation	5385
formed under section 187.01 of the Revised Code or any committee	5386
thereof, and the board of directors of any subsidiary of that	5387
corporation or a committee thereof;	5388

(12) An audit conference conducted by the audit staff of the	5389
department of job and family services with officials of the public	5390
office that is the subject of that audit under section 5101.37 of	5391
the Revised Code;	5392

(13) The occupational therapy section of the occupational	5393
therapy, physical therapy, and athletic trainers board when	5394
determining whether to suspend a license or limited permit without	5395
a hearing pursuant to division (D) of section 4755.11 of the	5396
Revised Code;	5397

(14) The physical therapy section of the occupational	5398
therapy, physical therapy, and athletic trainers board when	5399
determining whether to suspend a license without a hearing	5400
pursuant to division (E) of section 4755.47 of the Revised Code;	5401

(15) The athletic trainers section of the occupational	5402
therapy, physical therapy, and athletic trainers board when	5403
determining whether to suspend a license without a hearing	5404
pursuant to division (D) of section 4755.64 of the Revised Code.	5405

(E) The controlling board, ~~the industrial technology and~~	5406
~~enterprise advisory council,~~ the tax credit authority, or the	5407
minority development financing advisory board, when meeting to	5408
consider granting assistance pursuant to Chapter 122. or 166. of	5409
the Revised Code, in order to protect the interest of the	5410
applicant or the possible investment of public funds, by unanimous	5411
vote of all board~~, council,~~ or authority members present, may	5412
close the meeting during consideration of the following	5413
information confidentially received by the authority~~, council,~~ or	5414
board from the applicant:	5415

(1) Marketing plans;

5416

(2) Specific business strategy;

5417

(3) Production techniques and trade secrets;

5418

(4) Financial projections;

5419

(5) Personal financial statements of the applicant or members	5420
of the applicant's immediate family, including, but not limited	5421
to, tax records or other similar information not open to public	5422
inspection.	5423

The vote by the authority~~, council,~~ or board to accept or	5424
reject the application, as well as all proceedings of the	5425
authority~~, council,~~ or board not subject to this division, shall	5426
be open to the public and governed by this section.	5427

(F) Every public body, by rule, shall establish a reasonable	5428
method whereby any person may determine the time and place of all	5429
regularly scheduled meetings and the time, place, and purpose of	5430
all special meetings. A public body shall not hold a special	5431
meeting unless it gives at least twenty-four hours' advance notice	5432
to the news media that have requested notification, except in the	5433
event of an emergency requiring immediate official action. In the	5434
event of an emergency, the member or members calling the meeting	5435
shall notify the news media that have requested notification	5436
immediately of the time, place, and purpose of the meeting.	5437

The rule shall provide that any person, upon request and	5438
payment of a reasonable fee, may obtain reasonable advance	5439
notification of all meetings at which any specific type of public	5440
business is to be discussed. Provisions for advance notification	5441
may include, but are not limited to, mailing the agenda of	5442
meetings to all subscribers on a mailing list or mailing notices	5443
in self-addressed, stamped envelopes provided by the person.	5444

(G) Except as provided in division (J) of this section, the	5445
members of a public body may hold an executive session only after	5446
a majority of a quorum of the public body determines, by a roll	5447
call vote, to hold an executive session and only at a regular or	5448
special meeting for the sole purpose of the consideration of any	5449
of the following matters:	5450

(1) To consider the appointment, employment, dismissal,	5451
discipline, promotion, demotion, or compensation of a public	5452
employee or official, or the investigation of charges or	5453
complaints against a public employee, official, licensee, or	5454
regulated individual, unless the public employee, official,	5455
licensee, or regulated individual requests a public hearing.	5456
Except as otherwise provided by law, no public body shall hold an	5457
executive session for the discipline of an elected official for	5458
conduct related to the performance of the elected official's	5459
official duties or for the elected official's removal from office.	5460
If a public body holds an executive session pursuant to division	5461
(G)(1) of this section, the motion and vote to hold that executive	5462
session shall state which one or more of the approved purposes	5463
listed in division (G)(1) of this section are the purposes for	5464
which the executive session is to be held, but need not include	5465
the name of any person to be considered at the meeting.	5466

(2) To consider the purchase of property for public purposes,	5467
or for the sale of property at competitive bidding, if premature	5468
disclosure of information would give an unfair competitive or	5469
bargaining advantage to a person whose personal, private interest	5470
is adverse to the general public interest. No member of a public	5471
body shall use division (G)(2) of this section as a subterfuge for	5472
providing covert information to prospective buyers or sellers. A	5473
purchase or sale of public property is void if the seller or buyer	5474
of the public property has received covert information from a	5475
member of a public body that has not been disclosed to the general	5476
public in sufficient time for other prospective buyers and sellers	5477
to prepare and submit offers.	5478

If the minutes of the public body show that all meetings and	5479
deliberations of the public body have been conducted in compliance	5480
with this section, any instrument executed by the public body	5481
purporting to convey, lease, or otherwise dispose of any right,	5482
title, or interest in any public property shall be conclusively	5483
presumed to have been executed in compliance with this section	5484
insofar as title or other interest of any bona fide purchasers,	5485
lessees, or transferees of the property is concerned.	5486

(3) Conferences with an attorney for the public body	5487
concerning disputes involving the public body that are the subject	5488
of pending or imminent court action;	5489

(4) Preparing for, conducting, or reviewing negotiations or	5490
bargaining sessions with public employees concerning their	5491
compensation or other terms and conditions of their employment;	5492

(5) Matters required to be kept confidential by federal law	5493
or regulations or state statutes;	5494

(6) Details relative to the security arrangements and	5495
emergency response protocols for a public body or a public office,	5496
if disclosure of the matters discussed could reasonably be	5497
expected to jeopardize the security of the public body or public	5498
office;	5499

(7) In the case of a county hospital operated pursuant to	5500
Chapter 339. of the Revised Code, a joint township hospital	5501
operated pursuant to Chapter 513. of the Revised Code, or a	5502
municipal hospital operated pursuant to Chapter 749. of the	5503
Revised Code, to consider trade secrets, as defined in section	5504
1333.61 of the Revised Code;	5505

(8) Details and terms relative to any application for an	5506
economic development project, if the economic development	5507
assistance is to be provided or administered under any provision	5508
of Chapter 715., 725., or 1728., sections 701.07, 3735.67 to	5509
3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to	5510
5709.75, or 5709.77 to 5709.81 of the Revised Code, or any other	5511
provision of law pursuant to which a political subdivision may	5512
provide economic development assistance.	5513

If a public body holds an executive session to consider any	5514
of the matters listed in divisions (G)(2) to ~~(7)~~(8) of this	5515
section, the motion and vote to hold that executive session shall	5516
state which one or more of the approved matters listed in those	5517
divisions are to be considered at the executive session.	5518

A public body specified in division (B)(1)(c) of this section	5519
shall not hold an executive session when meeting for the purposes	5520
specified in that division.	5521

(H) A resolution, rule, or formal action of any kind is	5522
invalid unless adopted in an open meeting of the public body. A	5523
resolution, rule, or formal action adopted in an open meeting that	5524
results from deliberations in a meeting not open to the public is	5525
invalid unless the deliberations were for a purpose specifically	5526
authorized in division (G) or (J) of this section and conducted at	5527
an executive session held in compliance with this section. A	5528
resolution, rule, or formal action adopted in an open meeting is	5529
invalid if the public body that adopted the resolution, rule, or	5530
formal action violated division (F) of this section.	5531

(I)(1) Any person may bring an action to enforce this	5532
section. An action under division (I)(1) of this section shall be	5533
brought within two years after the date of the alleged violation	5534
or threatened violation. Upon proof of a violation or threatened	5535
violation of this section in an action brought by any person, the	5536
court of common pleas shall issue an injunction to compel the	5537
members of the public body to comply with its provisions.	5538

(2)(a) If the court of common pleas issues an injunction	5539
pursuant to division (I)(1) of this section, the court shall order	5540
the public body that it enjoins to pay a civil forfeiture of five	5541
hundred dollars to the party that sought the injunction and shall	5542
award to that party all court costs and, subject to reduction as	5543
described in division (I)(2) of this section, reasonable	5544
attorney's fees. The court, in its discretion, may reduce an award	5545
of attorney's fees to the party that sought the injunction or not	5546
award attorney's fees to that party if the court determines both	5547
of the following:	5548

(i) That, based on the ordinary application of statutory law	5549
and case law as it existed at the time of violation or threatened	5550
violation that was the basis of the injunction, a well-informed	5551
public body reasonably would believe that the public body was not	5552
violating or threatening to violate this section;	5553

(ii) That a well-informed public body reasonably would	5554
believe that the conduct or threatened conduct that was the basis	5555
of the injunction would serve the public policy that underlies the	5556
authority that is asserted as permitting that conduct or	5557
threatened conduct.	5558

(b) If the court of common pleas does not issue an injunction	5559
pursuant to division (I)(1) of this section and the court	5560
determines at that time that the bringing of the action was	5561
frivolous conduct, as defined in division (A) of section 2323.51	5562
of the Revised Code, the court shall award to the public body all	5563
court costs and reasonable attorney's fees, as determined by the	5564
court.	5565

(3) Irreparable harm and prejudice to the party that sought	5566
the injunction shall be conclusively and irrebuttably presumed	5567
upon proof of a violation or threatened violation of this section.	5568

(4) A member of a public body who knowingly violates an	5569
injunction issued pursuant to division (I)(1) of this section may	5570
be removed from office by an action brought in the court of common	5571
pleas for that purpose by the prosecuting attorney or the attorney	5572
general.	5573

(J)(1) Pursuant to division (C) of section 5901.09 of the	5574
Revised Code, a veterans service commission shall hold an	5575
executive session for one or more of the following purposes unless	5576
an applicant requests a public hearing:	5577

(a) Interviewing an applicant for financial assistance under	5578
sections 5901.01 to 5901.15 of the Revised Code;	5579

(b) Discussing applications, statements, and other documents	5580
described in division (B) of section 5901.09 of the Revised Code;	5581

(c) Reviewing matters relating to an applicant's request for	5582
financial assistance under sections 5901.01 to 5901.15 of the	5583
Revised Code.	5584

(2) A veterans service commission shall not exclude an	5585
applicant for, recipient of, or former recipient of financial	5586
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5587
and shall not exclude representatives selected by the applicant,	5588
recipient, or former recipient, from a meeting that the commission	5589
conducts as an executive session that pertains to the applicant's,	5590
recipient's, or former recipient's application for financial	5591
assistance.	5592

(3) A veterans service commission shall vote on the grant or	5593
denial of financial assistance under sections 5901.01 to 5901.15	5594
of the Revised Code only in an open meeting of the commission. The	5595
minutes of the meeting shall indicate the name, address, and	5596
occupation of the applicant, whether the assistance was granted or	5597
denied, the amount of the assistance if assistance is granted, and	5598
the votes for and against the granting of assistance.	5599

Sec. 121.35. (A) Subject to division (B) of this section,	5600
the following state agencies shall collaborate to revise and make	5601
more uniform the eligibility standards and eligibility	5602
determination procedures of programs the state agencies	5603
administer:	5604

(1) The department of aging;

5605

(2) ~~The department of alcohol and drug addiction services;~~

5606

~~(3)~~ The ~~department of~~ development services agency;

5607

~~(4)~~(3) The department of developmental disabilities;

5608

~~(5)~~(4) The department of education;

5609

~~(6)~~(5) The department of health;

5610

~~(7)~~(6) The department of job and family services;

5611

~~(8)~~(7) The department of medicaid;

5612

(8) The department of ~~mental health~~mental health and	5613
addiction services;	5614

(9) The ~~rehabilitation services commission~~opportunities for	5615
Ohioans with disabilities agency.	5616

(B) In revising eligibility standards and eligibility	5617
determination procedures, a state agency shall not make any	5618
program's eligibility standards or eligibility determination	5619
procedures inconsistent with state or federal law. To the extent	5620
authorized by state and federal law, the revisions may provide for	5621
the state agencies to share administrative operations.	5622

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5623
and children first cabinet council. The council shall be composed	5624
of the superintendent of public instruction, the ~~administrator~~	5625
executive director of the ~~rehabilitation services commission~~	5626
opportunities for Ohioans with disabilities agency, the medicaid	5627
director, and the directors of youth services, job and family	5628
services, ~~mental health~~mental health and addiction services,	5629
health, ~~alcohol and drug addiction services,~~ developmental	5630
disabilities, aging, rehabilitation and correction, and budget and	5631
management. The chairperson of the council shall be the governor	5632
or the governor's designee and shall establish procedures for the	5633
council's internal control and management.	5634

The purpose of the cabinet council is to help families	5635
seeking government services. This section shall not be interpreted	5636
or applied to usurp the role of parents, but solely to streamline	5637
and coordinate existing government services for families seeking	5638
assistance for their children.	5639

(2) In seeking to fulfill its purpose, the council may do any	5640
of the following:	5641

(a) Advise and make recommendations to the governor and	5642
general assembly regarding the provision of services to children;	5643

(b) Advise and assess local governments on the coordination	5644
of service delivery to children;	5645

(c) Hold meetings at such times and places as may be	5646
prescribed by the council's procedures and maintain records of the	5647
meetings, except that records identifying individual children are	5648
confidential and shall be disclosed only as provided by law;	5649

(d) Develop programs and projects, including pilot projects,	5650
to encourage coordinated efforts at the state and local level to	5651
improve the state's social service delivery system;	5652

(e) Enter into contracts with and administer grants to county	5653
family and children first councils, as well as other county or	5654
multicounty organizations to plan and coordinate service delivery	5655
between state agencies and local service providers for families	5656
and children;	5657

(f) Enter into contracts with and apply for grants from	5658
federal agencies or private organizations;	5659

(g) Enter into interagency agreements to encourage	5660
coordinated efforts at the state and local level to improve the	5661
state's social service delivery system. The agreements may include	5662
provisions regarding the receipt, transfer, and expenditure of	5663
funds;	5664

(h) Identify public and private funding sources for services	5665
provided to alleged or adjudicated unruly children and children	5666
who are at risk of being alleged or adjudicated unruly children,	5667
including regulations governing access to and use of the services;	5668

(i) Collect information provided by local communities	5669
regarding successful programs for prevention, intervention, and	5670
treatment of unruly behavior, including evaluations of the	5671
programs;	5672

(j) Identify and disseminate publications regarding alleged	5673
or adjudicated unruly children and children who are at risk of	5674
being alleged or adjudicated unruly children and regarding	5675
programs serving those types of children;	5676

(k) Maintain an inventory of strategic planning facilitators	5677
for use by government or nonprofit entities that serve alleged or	5678
adjudicated unruly children or children who are at risk of being	5679
alleged or adjudicated unruly children.	5680

(3) The cabinet council shall provide for the following:

5681

(a) Reviews of service and treatment plans for children for	5682
which such reviews are requested;	5683

(b) Assistance as the council determines to be necessary to	5684
meet the needs of children referred by county family and children	5685
first councils;	5686

(c) Monitoring and supervision of a statewide, comprehensive,	5687
coordinated, multi-disciplinary, interagency system for infants	5688
and toddlers with developmental disabilities or delays and their	5689
families, as established pursuant to federal grants received and	5690
administered by the department of health for early intervention	5691
services under the "Individuals with Disabilities Education Act of	5692
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5693

(4) The cabinet council shall develop and implement the	5694
following:	5695

(a) An interagency process to select the indicators that will	5696
be used to measure progress toward increasing child well-being in	5697
the state and to update the indicators on an annual basis. The	5698
indicators shall focus on expectant parents and newborns thriving;	5699
infants and toddlers thriving; children being ready for school;	5700
children and youth succeeding in school; youth choosing healthy	5701
behaviors; and youth successfully transitioning into adulthood.	5702

(b) An interagency system to offer guidance and monitor	5703
progress toward increasing child well-being in the state and in	5704
each county;	5705

(c) An annual plan that identifies state-level agency efforts	5706
taken to ensure progress towards increasing child well-being in	5707
the state.	5708

On an annual basis, the cabinet council shall submit to the	5709
governor and the general assembly a report on the status of	5710
efforts to increase child well-being in the state. This report	5711
shall be made available to any other person on request.	5712

(B)(1) Each board of county commissioners shall establish a	5713
county family and children first council. The board may invite any	5714
local public or private agency or group that funds, advocates, or	5715
provides services to children and families to have a	5716
representative become a permanent or temporary member of its	5717
county council. Each county council must include the following	5718
individuals:	5719

(a) At least three individuals who are not employed by an	5720
agency represented on the council and whose families are or have	5721
received services from an agency represented on the council or	5722
another county's council. Where possible, the number of members	5723
representing families shall be equal to twenty per cent of the	5724
council's membership.	5725

(b) The director of the board of alcohol, drug addiction, and	5726
mental health services that serves the county, or, in the case of	5727
a county that has a board of alcohol and drug addiction services	5728
and a community mental health board, the directors of both boards.	5729
If a board of alcohol, drug addiction, and mental health services	5730
covers more than one county, the director may designate a person	5731
to participate on the county's council.	5732

(c) The health commissioner, or the commissioner's designee,	5733
of the board of health of each city and general health district in	5734
the county. If the county has two or more health districts, the	5735
health commissioner membership may be limited to the commissioners	5736
of the two districts with the largest populations.	5737

(d) The director of the county department of job and family	5738
services;	5739

(e) The executive director of the public children services	5740
agency;	5741

(f) The superintendent of the county board of developmental	5742
disabilities or, if the superintendent serves as superintendent of	5743
more than one county board of developmental disabilities, the	5744
superintendent's designee;	5745

(g) The superintendent of the city, exempted village, or	5746
local school district with the largest number of pupils residing	5747
in the county, as determined by the department of education, which	5748
shall notify each board of county commissioners of its	5749
determination at least biennially;	5750

(h) A school superintendent representing all other school	5751
districts with territory in the county, as designated at a	5752
biennial meeting of the superintendents of those districts;	5753

(i) A representative of the municipal corporation with the	5754
largest population in the county;	5755

(j) The president of the board of county commissioners or an	5756
individual designated by the board;	5757

(k) A representative of the regional office of the department	5758
of youth services;	5759

(l) A representative of the county's head start agencies, as	5760
defined in section 3301.32 of the Revised Code;	5761

(m) A representative of the county's early intervention	5762
collaborative established pursuant to the federal early	5763
intervention program operated under the "Individuals with	5764
Disabilities Education Act of 2004";	5765

(n) A representative of a local nonprofit entity that funds,	5766
advocates, or provides services to children and families.	5767

Notwithstanding any other provision of law, the public	5768
members of a county council are not prohibited from serving on the	5769
council and making decisions regarding the duties of the council,	5770
including those involving the funding of joint projects and those	5771
outlined in the county's service coordination mechanism	5772
implemented pursuant to division (C) of this section.	5773

The cabinet council shall establish a state appeals process	5774
to resolve disputes among the members of a county council	5775
concerning whether reasonable responsibilities as members are	5776
being shared. The appeals process may be accessed only by a	5777
majority vote of the council members who are required to serve on	5778
the council. Upon appeal, the cabinet council may order that state	5779
funds for services to children and families be redirected to a	5780
county's board of county commissioners.	5781

The county's juvenile court judge senior in service or	5782
another judge of the juvenile court designated by the	5783
administrative judge or, where there is no administrative judge,	5784
by the judge senior in service shall serve as the judicial advisor	5785
to the county family and children first council. The judge may	5786
advise the county council on the court's utilization of resources,	5787
services, or programs provided by the entities represented by the	5788
members of the county council and how those resources, services,	5789
or programs assist the court in its administration of justice.	5790
Service of a judge as a judicial advisor pursuant to this section	5791
is a judicial function.	5792

(2) The purpose of the county council is to streamline and	5793
coordinate existing government services for families seeking	5794
services for their children. In seeking to fulfill its purpose, a	5795
county council shall provide for the following:	5796

(a) Referrals to the cabinet council of those children for	5797
whom the county council cannot provide adequate services;	5798

(b) Development and implementation of a process that annually	5799
evaluates and prioritizes services, fills service gaps where	5800
possible, and invents new approaches to achieve better results for	5801
families and children;	5802

(c) Participation in the development of a countywide,	5803
comprehensive, coordinated, multi-disciplinary, interagency system	5804
for infants and toddlers with developmental disabilities or delays	5805
and their families, as established pursuant to federal grants	5806
received and administered by the department of health for early	5807
intervention services under the "Individuals with Disabilities	5808
Education Act of 2004";	5809

(d) Maintenance of an accountability system to monitor the	5810
county council's progress in achieving results for families and	5811
children;	5812

(e) Establishment of a mechanism to ensure ongoing input from	5813
a broad representation of families who are receiving services	5814
within the county system.	5815

(3) A county council shall develop and implement the	5816
following:	5817

(a) An interagency process to establish local indicators and	5818
monitor the county's progress toward increasing child well-being	5819
in the county;	5820

(b) An interagency process to identify local priorities to	5821
increase child well-being. The local priorities shall focus on	5822
expectant parents and newborns thriving; infants and toddlers	5823
thriving; children being ready for school; children and youth	5824
succeeding in school; youth choosing healthy behaviors; and youth	5825
successfully transitioning into adulthood and take into account	5826
the indicators established by the cabinet council under division	5827
(A)(4)(a) of this section.	5828

(c) An annual plan that identifies the county's interagency	5829
efforts to increase child well-being in the county.	5830

On an annual basis, the county council shall submit a report	5831
on the status of efforts by the county to increase child	5832
well-being in the county to the county's board of county	5833
commissioners and the cabinet council. This report shall be made	5834
available to any other person on request.	5835

(4)(a) Except as provided in division (B)(4)(b) of this	5836
section, a county council shall comply with the policies,	5837
procedures, and activities prescribed by the rules or interagency	5838
agreements of a state department participating on the cabinet	5839
council whenever the county council performs a function subject to	5840
those rules or agreements.	5841

(b) On application of a county council, the cabinet council	5842
may grant an exemption from any rules or interagency agreements of	5843
a state department participating on the council if an exemption is	5844
necessary for the council to implement an alternative program or	5845
approach for service delivery to families and children. The	5846
application shall describe the proposed program or approach and	5847
specify the rules or interagency agreements from which an	5848
exemption is necessary. The cabinet council shall approve or	5849
disapprove the application in accordance with standards and	5850
procedures it shall adopt. If an application is approved, the	5851
exemption is effective only while the program or approach is being	5852
implemented, including a reasonable period during which the	5853
program or approach is being evaluated for effectiveness.	5854

(5)(a) Each county council shall designate an administrative	5855
agent for the council from among the following public entities:	5856
the board of alcohol, drug addiction, and mental health services,	5857
including a board of alcohol and drug addiction or a community	5858
mental health board if the county is served by separate boards;	5859
the board of county commissioners; any board of health of the	5860
county's city and general health districts; the county department	5861
of job and family services; the county agency responsible for the	5862
administration of children services pursuant to section 5153.15 of	5863
the Revised Code; the county board of developmental disabilities;	5864
any of the county's boards of education or governing boards of	5865
educational service centers; or the county's juvenile court. Any	5866
of the foregoing public entities, other than the board of county	5867
commissioners, may decline to serve as the council's	5868
administrative agent.	5869

A county council's administrative agent shall serve as the	5870
council's appointing authority for any employees of the council.	5871
The council shall file an annual budget with its administrative	5872
agent, with copies filed with the county auditor and with the	5873
board of county commissioners, unless the board is serving as the	5874
council's administrative agent. The council's administrative agent	5875
shall ensure that all expenditures are handled in accordance with	5876
policies, procedures, and activities prescribed by state	5877
departments in rules or interagency agreements that are applicable	5878
to the council's functions.	5879

The administrative agent of a county council shall send	5880
notice of a member's absence if a member listed in division (B)(1)	5881
of this section has been absent from either three consecutive	5882
meetings of the county council or a county council subcommittee,	5883
or from one-quarter of such meetings in a calendar year, whichever	5884
is less. The notice shall be sent to the board of county	5885
commissioners that establishes the county council and, for the	5886
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5887
section, to the governing board overseeing the respective entity;	5888
for the member listed in division (B)(1)(f) of this section, to	5889
the county board of developmental disabilities that employs the	5890
superintendent; for a member listed in division (B)(1)(g) or (h)	5891
of this section, to the school board that employs the	5892
superintendent; for the member listed in division (B)(1)(i) of	5893
this section, to the mayor of the municipal corporation; for the	5894
member listed in division (B)(1)(k) of this section, to the	5895
director of youth services; and for the member listed in division	5896
(B)(1)(n) of this section, to that member's board of trustees.	5897

The administrative agent for a county council may do any of	5898
the following on behalf of the council:	5899

(i) Enter into agreements or administer contracts with public	5900
or private entities to fulfill specific council business. Such	5901
agreements and contracts are exempt from the competitive bidding	5902
requirements of section 307.86 of the Revised Code if they have	5903
been approved by the county council and they are for the purchase	5904
of family and child welfare or child protection services or other	5905
social or job and family services for families and children. The	5906
approval of the county council is not required to exempt	5907
agreements or contracts entered into under section 5139.34,	5908
5139.41, or 5139.43 of the Revised Code from the competitive	5909
bidding requirements of section 307.86 of the Revised Code.	5910

(ii) As determined by the council, provide financial	5911
stipends, reimbursements, or both, to family representatives for	5912
expenses related to council activity;	5913

(iii) Receive by gift, grant, devise, or bequest any moneys,	5914
lands, or other property for the purposes for which the council is	5915
established. The agent shall hold, apply, and dispose of the	5916
moneys, lands, or other property according to the terms of the	5917
gift, grant, devise, or bequest. Any interest or earnings shall be	5918
treated in the same manner and are subject to the same terms as	5919
the gift, grant, devise, or bequest from which it accrues.	5920

(b)(i) If the county council designates the board of county	5921
commissioners as its administrative agent, the board may, by	5922
resolution, delegate any of its powers and duties as	5923
administrative agent to an executive committee the board	5924
establishes from the membership of the county council. The board	5925
shall name to the executive committee at least the individuals	5926
described in divisions (B)(1)(b) to (h) of this section and may	5927
appoint the president of the board or another individual as the	5928
chair of the executive committee. The executive committee must	5929
include at least one family county council representative who does	5930
not have a family member employed by an agency represented on the	5931
council.	5932

(ii) The executive committee may, with the approval of the	5933
board, hire an executive director to assist the county council in	5934
administering its powers and duties. The executive director shall	5935
serve in the unclassified civil service at the pleasure of the	5936
executive committee. The executive director may, with the approval	5937
of the executive committee, hire other employees as necessary to	5938
properly conduct the county council's business.	5939

(iii) The board may require the executive committee to submit	5940
an annual budget to the board for approval and may amend or repeal	5941
the resolution that delegated to the executive committee its	5942
authority as the county council's administrative agent.	5943

(6) Two or more county councils may enter into an agreement	5944
to administer their county councils jointly by creating a regional	5945
family and children first council. A regional council possesses	5946
the same duties and authority possessed by a county council,	5947
except that the duties and authority apply regionally rather than	5948
to individual counties. Prior to entering into an agreement to	5949
create a regional council, the members of each county council to	5950
be part of the regional council shall meet to determine whether	5951
all or part of the members of each county council will serve as	5952
members of the regional council.	5953

(7) A board of county commissioners may approve a resolution	5954
by a majority vote of the board's members that requires the county	5955
council to submit a statement to the board each time the council	5956
proposes to enter into an agreement, adopt a plan, or make a	5957
decision, other than a decision pursuant to section 121.38 of the	5958
Revised Code, that requires the expenditure of funds for two or	5959
more families. The statement shall describe the proposed	5960
agreement, plan, or decision.	5961

Not later than fifteen days after the board receives the	5962
statement, it shall, by resolution approved by a majority of its	5963
members, approve or disapprove the agreement, plan, or decision.	5964
Failure of the board to pass a resolution during that time period	5965
shall be considered approval of the agreement, plan, or decision.	5966

An agreement, plan, or decision for which a statement is	5967
required to be submitted to the board shall be implemented only if	5968
it is approved by the board.	5969

(C) Each county shall develop a county service coordination	5970
mechanism. The county service coordination mechanism shall serve	5971
as the guiding document for coordination of services in the	5972
county. For children who also receive services under the help me	5973
grow program, the service coordination mechanism shall be	5974
consistent with rules adopted by the department of health under	5975
section 3701.61 of the Revised Code. All family service	5976
coordination plans shall be developed in accordance with the	5977
county service coordination mechanism. The mechanism shall be	5978
developed and approved with the participation of the county	5979
entities representing child welfare; mental retardation and	5980
developmental disabilities; alcohol, drug addiction, and mental	5981
health services; health; juvenile judges; education; the county	5982
family and children first council; and the county early	5983
intervention collaborative established pursuant to the federal	5984
early intervention program operated under the "Individuals with	5985
Disabilities Education Act of 2004." The county shall establish an	5986
implementation schedule for the mechanism. The cabinet council may	5987
monitor the implementation and administration of each county's	5988
service coordination mechanism.	5989

Each mechanism shall include all of the following:

5990

(1) A procedure for an agency, including a juvenile court, or	5991
a family voluntarily seeking service coordination, to refer the	5992
child and family to the county council for service coordination in	5993
accordance with the mechanism;	5994

(2) A procedure ensuring that a family and all appropriate	5995
staff from involved agencies, including a representative from the	5996
appropriate school district, are notified of and invited to	5997
participate in all family service coordination plan meetings;	5998

(3) A procedure that permits a family to initiate a meeting	5999
to develop or review the family's service coordination plan and	6000
allows the family to invite a family advocate, mentor, or support	6001
person of the family's choice to participate in any such meeting;	6002

(4) A procedure for ensuring that a family service	6003
coordination plan meeting is conducted for each child who receives	6004
service coordination under the mechanism and for whom an emergency	6005
out-of-home placement has been made or for whom a nonemergency	6006
out-of-home placement is being considered. The meeting shall be	6007
conducted within ten days of an emergency out-of-home placement.	6008
The meeting shall be conducted before a nonemergency out-of-home	6009
placement. The family service coordination plan shall outline how	6010
the county council members will jointly pay for services, where	6011
applicable, and provide services in the least restrictive	6012
environment.	6013

(5) A procedure for monitoring the progress and tracking the	6014
outcomes of each service coordination plan requested in the county	6015
including monitoring and tracking children in out-of-home	6016
placements to assure continued progress, appropriateness of	6017
placement, and continuity of care after discharge from placement	6018
with appropriate arrangements for housing, treatment, and	6019
education.;	6020

(6) A procedure for protecting the confidentiality of all	6021
personal family information disclosed during service coordination	6022
meetings or contained in the comprehensive family service	6023
coordination plan.;	6024

(7) A procedure for assessing the needs and strengths of any	6025
child or family that has been referred to the council for service	6026
coordination, including a child whose parent or custodian is	6027
voluntarily seeking services, and for ensuring that parents and	6028
custodians are afforded the opportunity to participate;	6029

(8) A procedure for development of a family service	6030
coordination plan described in division (D) of this section;	6031

(9) A local dispute resolution process to serve as the	6032
process that must be used first to resolve disputes among the	6033
agencies represented on the county council concerning the	6034
provision of services to children, including children who are	6035
abused, neglected, dependent, unruly, alleged unruly, or	6036
delinquent children and under the jurisdiction of the juvenile	6037
court and children whose parents or custodians are voluntarily	6038
seeking services. The local dispute resolution process shall	6039
comply with sections 121.38, 121.381, and 121.382 of the Revised	6040
Code. The local dispute resolution process shall be used to	6041
resolve disputes between a child's parents or custodians and the	6042
county council regarding service coordination. The county council	6043
shall inform the parents or custodians of their right to use the	6044
dispute resolution process. Parents or custodians shall use	6045
existing local agency grievance procedures to address disputes not	6046
involving service coordination. The dispute resolution process is	6047
in addition to and does not replace other rights or procedures	6048
that parents or custodians may have under other sections of the	6049
Revised Code.	6050

The cabinet council shall adopt rules in accordance with	6051
Chapter 119. of the Revised Code establishing an administrative	6052
review process to address problems that arise concerning the	6053
operation of a local dispute resolution process.	6054

Nothing in division (C)(4) of this section shall be	6055
interpreted as overriding or affecting decisions of a juvenile	6056
court regarding an out-of-home placement, long-term placement, or	6057
emergency out-of-home placement.	6058

(D) Each county shall develop a family service coordination	6059
plan that does all of the following:	6060

(1) Designates service responsibilities among the various	6061
state and local agencies that provide services to children and	6062
their families, including children who are abused, neglected,	6063
dependent, unruly, or delinquent children and under the	6064
jurisdiction of the juvenile court and children whose parents or	6065
custodians are voluntarily seeking services;	6066

(2) Designates an individual, approved by the family, to	6067
track the progress of the family service coordination plan,	6068
schedule reviews as necessary, and facilitate the family service	6069
coordination plan meeting process;	6070

(3) Ensures that assistance and services to be provided are	6071
responsive to the strengths and needs of the family, as well as	6072
the family's culture, race, and ethnic group, by allowing the	6073
family to offer information and suggestions and participate in	6074
decisions. Identified assistance and services shall be provided in	6075
the least restrictive environment possible.	6076

(4) Includes a process for dealing with a child who is	6077
alleged to be an unruly child. The process shall include methods	6078
to divert the child from the juvenile court system;	6079

(5) Includes timelines for completion of goals specified in	6080
the plan with regular reviews scheduled to monitor progress toward	6081
those goals;	6082

(6) Includes a plan for dealing with short-term crisis	6083
situations and safety concerns.	6084

(E)(1) The process provided for under division (D)(4) of this	6085
section may include, but is not limited to, the following:	6086

(a) Designation of the person or agency to conduct the	6087
assessment of the child and the child's family as described in	6088
division (C)(7) of this section and designation of the instrument	6089
or instruments to be used to conduct the assessment;	6090

(b) An emphasis on the personal responsibilities of the child	6091
and the parental responsibilities of the parents, guardian, or	6092
custodian of the child;	6093

(c) Involvement of local law enforcement agencies and	6094
officials.	6095

(2) The method to divert a child from the juvenile court	6096
system that must be included in the service coordination process	6097
may include, but is not limited to, the following:	6098

(a) The preparation of a complaint under section 2151.27 of	6099
the Revised Code alleging that the child is an unruly child and	6100
notifying the child and the parents, guardian, or custodian that	6101
the complaint has been prepared to encourage the child and the	6102
parents, guardian, or custodian to comply with other methods to	6103
divert the child from the juvenile court system;	6104

(b) Conducting a meeting with the child, the parents,	6105
guardian, or custodian, and other interested parties to determine	6106
the appropriate methods to divert the child from the juvenile	6107
court system;	6108

(c) A method to provide to the child and the child's family a	6109
short-term respite from a short-term crisis situation involving a	6110
confrontation between the child and the parents, guardian, or	6111
custodian;	6112

(d) A program to provide a mentor to the child or the	6113
parents, guardian, or custodian;	6114

(e) A program to provide parenting education to the parents,	6115
guardian, or custodian;	6116

(f) An alternative school program for children who are truant	6117
from school, repeatedly disruptive in school, or suspended or	6118
expelled from school;	6119

(g) Other appropriate measures, including, but not limited	6120
to, any alternative methods to divert a child from the juvenile	6121
court system that are identified by the Ohio family and children	6122
first cabinet council.	6123

(F) Each county may review and revise the service	6124
coordination process described in division (D) of this section	6125
based on the availability of funds under Title IV-A of the "Social	6126
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	6127
or to the extent resources are available from any other federal,	6128
state, or local funds.	6129

Sec. 121.372. (A) As used in this section, "substitute care	6130
provider" means any of the following:	6131

(1) ~~An alcohol and drug~~A community addiction ~~program~~	6132
services provider subject to certification under section ~~3793.06~~	6133
5119.36 of the Revised Code;	6134

(2) An institution or association subject to certification	6135
under section 5103.03 of the Revised Code;	6136

(3) A residential facility subject to licensure under section	6137
~~5119.22~~5119.34 of the Revised Code;	6138

(4) A residential facility subject to licensure under section	6139
5123.19 of the Revised Code.	6140

(B) Not later than ninety days after ~~the effective date of~~	6141
~~this section~~March 18, 1999, the members of the Ohio family and	6142
children first cabinet council, other than the director of budget	6143
and management, shall enter into an agreement to establish an	6144
office to perform the duties prescribed by division (C) of this	6145
section. The agreement shall specify one of the departments	6146
represented on the council as the department responsible for	6147
housing and supervising the office. The agreement shall include	6148
the recommendation of the council for funding the office.	6149

(C) The office established pursuant to the agreement entered	6150
into under this section shall review rules governing the	6151
certification and licensure of substitute care providers and	6152
determine which of the rules can be made substantively identical	6153
or more similar in order to minimize the number of differing	6154
certification and licensure standards and simplify the	6155
certification or licensure process for substitute care providers	6156
seeking certification or licensure from two or more of the	6157
departments represented on the council. The office shall provide	6158
county family and children first councils, substitute care	6159
providers, and persons interested in substitute care providers the	6160
opportunity to help the office with the review and determination.	6161
The office shall report its findings to the council. Each of the	6162
departments represented on the council that has adopted rules	6163
governing the certification or licensure of substitute care	6164
providers shall review the report and amend the rules as that	6165
department considers appropriate, except that no rule shall be	6166
amended so as to make it inconsistent with substitute care	6167
provider certification or licensure procedures and standards	6168
established by federal or state law. A department shall give	6169
priority to amendments that will not increase the department's	6170
administrative costs. In amending a rule, a department shall	6171
comply with Chapter 119. or section 111.15 of the Revised Code, as	6172
required by the Revised Code section governing the adoption of the	6173
particular rule.	6174

(D) In accordance with section 124.27 of the Revised Code,	6175
the council shall select a coordinator to oversee the office	6176
established pursuant to the agreement entered into under this	6177
section. The coordinator shall be in the classified service. In	6178
addition to overseeing the office, the coordinator shall perform	6179
any other duties the council assigns to the coordinator. The	6180
duties the council assigns to the coordinator shall be related to	6181
the duties of the office under division (C) of this section.	6182

Sec. 121.483. A deputy inspector general appointed under	6183
section 121.48 of the Revised Code, who has been awarded a	6184
certificate by the executive director of the Ohio peace officer	6185
training commission attesting to the person's satisfactory	6186
completion of an approved state, county, or municipal peace	6187
officer basic training program, shall, during the term of the	6188
deputy inspector general's appointment, be considered a peace	6189
officer for the purpose of maintaining a current and valid basic	6190
training certificate pursuant to rules adopted under section	6191
109.74 of the Revised Code.	6192

Sec. 122.075. (A) As used in this section:

6193

(1) "Alternative fuel" has the same meaning as in section	6194
125.831 of the Revised Code.	6195

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	6196
fuel that is derived from vegetable oils or animal fats, or any	6197
combination of those reagents, and that meets American society for	6198
testing and materials specification D6751-03a for biodiesel fuel	6199
(B100) blend stock distillate fuels.	6200

(3) "Diesel fuel" and "gasoline" have the same meanings as in	6201
section 5735.01 of the Revised Code.	6202

(4) "Ethanol" has the same meaning as in section 5733.46 of	6203
the Revised Code.	6204

(5) "Blended biodiesel" means diesel fuel containing at least	6205
twenty per cent biodiesel by volume.	6206

(6) "Blended gasoline" means gasoline containing at least	6207
eighty-five per cent ethanol by volume.	6208

(7) "Incremental cost" means either of the following:

6209

(a) The difference in cost between blended gasoline and	6210
gasoline containing ten per cent or less ethanol at the time that	6211
the blended gasoline is purchased;	6212

(b) The difference in cost between blended biodiesel and	6213
diesel fuel containing two per cent or less biodiesel at the time	6214
that the blended biodiesel is purchased.	6215

(B) For the purpose of improving the air quality in this	6216
state, the director of development services shall establish an	6217
alternative fuel transportation program under which the director	6218
may make grants and loans to businesses, nonprofit organizations,	6219
public school systems, or local governments for the purchase and	6220
installation of alternative fuel refueling or distribution	6221
facilities and terminals, for the purchase and use of alternative	6222
fuel, to pay the cost of fleet conversion, and to pay the costs of	6223
educational and promotional materials and activities intended for	6224
prospective alternative fuel consumers, fuel marketers, and others	6225
in order to increase the availability and use of alternative fuel.	6226

(C) The director, in consultation with the director of	6227
agriculture, shall adopt rules in accordance with Chapter 119. of	6228
the Revised Code that are necessary for the administration of the	6229
alternative fuel transportation program. The rules shall establish	6230
at least all of the following:	6231

(1) An application form and procedures governing the	6232
application process for receiving funds under the program;	6233

(2) A procedure for prioritizing the award of grants and	6234
loans under the program. The procedures shall give preference to	6235
all of the following:	6236

(a) Publicly accessible refueling facilities;

6237

(b) Entities applying to the program that have secured	6238
funding from other sources, including, but not limited to, private	6239
or federal incentives;	6240

(c) Entities that have presented compelling evidence of	6241
demand in the market in which the facilities or terminals will be	6242
located;	6243

(d) Entities that have committed to utilizing purchased or	6244
installed facilities or terminals for the greatest number of	6245
years;	6246

(e) Entities that will be purchasing or installing facilities	6247
or terminals for any type of alternative fuel.	6248

(3) A requirement that the maximum incentive for the purchase	6249
and installation of an alternative fuel refueling or distribution	6250
facility or terminal be eighty per cent of the cost of the	6251
facility or terminal, except that at least twenty per cent of the	6252
total ~~net~~ cost of the facility or terminal shall be incurred by	6253
the recipient and not compensated for by any other source;	6254

(4) A requirement that the maximum incentive for the purchase	6255
of alternative fuel be eighty per cent of the cost of the fuel or,	6256
in the case of blended biodiesel or blended gasoline, eighty per	6257
cent of the incremental cost of the blended biodiesel or blended	6258
gasoline;	6259

(5) Any other criteria, procedures, or guidelines that the	6260
director determines are necessary to administer the program,	6261
including fees, charges, interest rates, and payment schedules.	6262

(D) An applicant for a grant or loan under this section that	6263
sells motor vehicle fuel at retail shall agree that if the	6264
applicant receives funding, the applicant will report to the	6265
director the gallon or gallon equivalent amounts of alternative	6266
fuel the applicant sells at retail in this state for a period of	6267
three years after the project is completed.	6268

The director shall enter into a written confidentiality	6269
agreement with the applicant regarding the gallon or gallon	6270
equivalent amounts sold as described in this division, and upon	6271
execution of the agreement this information is not a public	6272
record.	6273

(E) There is hereby created in the state treasury the	6274
alternative fuel transportation fund. The fund shall consist of	6275
money transferred to the fund under division ~~(C)~~(B) of section	6276
125.836 and under division (B)(2) of section 3706.27 of the	6277
Revised Code, money that is appropriated to it by the general	6278
assembly, ~~and~~ money as may be specified by the general assembly	6279
from the advanced energy fund created by section 4928.61 of the	6280
Revised Code, and all money received from the repayment of loans	6281
made from the fund or in the event of a default on any such loan.	6282
Money in the fund shall be used to make grants and loans under the	6283
alternative fuel transportation program and by the director in the	6284
administration of that program.	6285

Sec. 122.083. (A) The director of development shall	6286
administer a shovel ready sites program to provide grants for	6287
projects to port authorities and development entities approved by	6288
the director. Grants may be used to pay the costs of any or all of	6289
the following:	6290

(1) Acquisition of property, including options;

6291

(2) Preparation of sites, including brownfield clean-up	6292
activities;	6293

(3) Construction of road, water, telecommunication, and	6294
utility infrastructure;	6295

(4) Payment of professional fees the amount of which shall	6296
not exceed twenty per cent of the grant amount for a project.	6297

(B) The director shall adopt rules in accordance with Chapter	6298
119. of the Revised Code that establish procedures and	6299
requirements necessary for the administration of the program,	6300
including a requirement that a recipient of a grant enter into an	6301
agreement with the director governing the use of the grant.	6302

~~(C) There is hereby created in the state treasury the shovel~~	6303
~~ready sites fund consisting of money appropriated to it. Money in~~	6304
~~the fund shall be used solely for the purposes of this section.~~	6305

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

6306

(1) "Income tax revenue" means the total amount withheld	6307
under section 5747.06 of the Revised Code by the taxpayer during	6308
the taxable year, or during the calendar year that includes the	6309
tax period, from the compensation of each employee or each	6310
home-based employee employed in the project to the extent the	6311
employee's withholdings are not used to determine the credit under	6312
section 122.171 of the Revised Code. "Income tax revenue" excludes	6313
amounts withheld before the day the taxpayer becomes eligible for	6314
the credit.	6315

(2) "Baseline income tax revenue" means income tax revenue	6316
except that the applicable withholding period is the twelve months	6317
immediately preceding the date the tax credit authority approves	6318
the taxpayer's application or the date the tax credit authority	6319
receives the recommendation described in division (C)(2)(a) of	6320
this section, whichever occurs first, multiplied by the sum of one	6321
plus an annual pay increase factor to be determined by the tax	6322
credit authority. If the taxpayer becomes eligible for the credit	6323
after the first day of the taxpayer's taxable year or after the	6324
first day of the calendar year that includes the tax period, the	6325
taxpayer's baseline income tax revenue for the first such taxable	6326
or calendar year of credit eligibility shall be reduced in	6327
proportion to the number of days during the taxable or calendar	6328
year for which the taxpayer was not eligible for the credit. For	6329
subsequent taxable or calendar years, "baseline income tax	6330
revenue" equals the unreduced baseline income tax revenue for the	6331
preceding taxable or calendar year multiplied by the sum of one	6332
plus the pay increase factor.	6333

(3) "Excess income tax revenue" means income tax revenue	6334
minus baseline income tax revenue.	6335

(4) "Home-based employee" means an employee whose services	6336
are performed primarily from the employee's residence in this	6337
state exclusively for the benefit of the project and whose rate of	6338
pay is at least one hundred thirty-one per cent of the federal	6339
minimum wage under 29 U.S.C. 206.	6340

(B) The tax credit authority may make grants under this	6341
section to foster job creation in this state. Such a grant shall	6342
take the form of a refundable credit allowed against the tax	6343
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	6344
or levied under Chapter 5751. of the Revised Code. The credit	6345
shall be claimed for the taxable years or tax periods specified in	6346
the taxpayer's agreement with the tax credit authority under	6347
division (D) of this section. With respect to taxes imposed under	6348
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	6349
Revised Code, the credit shall be claimed in the order required	6350
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	6351
Code. The amount of the credit available for a taxable year or for	6352
a calendar year that includes a tax period equals the excess	6353
income tax revenue for that year multiplied by the percentage	6354
specified in the agreement with the tax credit authority. Any	6355
credit granted under this section against the tax imposed by	6356
section 5733.06 or 5747.02 of the Revised Code, to the extent not	6357
fully utilized against such tax for taxable years ending prior to	6358
2008, shall automatically be converted without any action taken by	6359
the tax credit authority to a credit against the tax levied under	6360
Chapter 5751. of the Revised Code for tax periods beginning on or	6361
after July 1, 2008, provided that the person to whom the credit	6362
was granted is subject to such tax. The converted credit shall	6363
apply to those calendar years in which the remaining taxable years	6364
specified in the agreement end.	6365

(C)(1) A taxpayer or potential taxpayer who proposes a	6366
project to create new jobs in this state may apply to the tax	6367
credit authority to enter into an agreement for a tax credit under	6368
this section.	6369

An application shall not propose to include both home-based	6370
employees and employees who are not home-based employees in the	6371
computation of income tax revenue for the purposes of the same tax	6372
credit agreement. If a taxpayer or potential taxpayer employs both	6373
home-based employees and employees who are not home-based	6374
employees in a project, the taxpayer shall submit separate	6375
applications for separate tax credit agreements for the project,	6376
one of which shall include home-based employees in the computation	6377
of income tax revenue and one of which shall include all other	6378
employees in the computation of income tax revenue.	6379

The director of development services shall prescribe the form	6380
of the application. After receipt of an application, the authority	6381
may enter into an agreement with the taxpayer for a credit under	6382
this section if it determines all of the following:	6383

(a) The taxpayer's project will increase payroll and income	6384
tax revenue;	6385

(b) The taxpayer's project is economically sound and will	6386
benefit the people of this state by increasing opportunities for	6387
employment and strengthening the economy of this state;	6388

(c) Receiving the tax credit is a major factor in the	6389
taxpayer's decision to go forward with the project.	6390

(2)(a) A taxpayer that chooses to begin the project prior to	6391
receiving the determination of the authority may, upon submitting	6392
the taxpayer's application to the authority, request that the	6393
chief investment officer of the nonprofit corporation formed under	6394
section 187.01 of the Revised Code and the director review the	6395
taxpayer's application and recommend to the authority that the	6396
taxpayer's application be considered. As soon as possible after	6397
receiving such a request, the chief investment officer and the	6398
director shall review the taxpayer's application and, if they	6399
determine that the application warrants consideration by the	6400
authority, make that recommendation to the authority not later	6401
than six months after the application is received by the	6402
authority.	6403

(b) The authority shall consider any taxpayer's application	6404
for which it receives a recommendation under division (C)(2)(a) of	6405
this section. If the authority determines that the taxpayer does	6406
not meet all of the criteria set forth in division (C)(1) of this	6407
section, the authority and the development services agency shall	6408
proceed in accordance with rules adopted by the director pursuant	6409
to division (I) of this section.	6410

(D) An agreement under this section shall include all of the	6411
following:	6412

(1) A detailed description of the project that is the subject	6413
of the agreement;	6414

(2)(a) The term of the tax credit, which, except as provided	6415
in division (D)(2)(b) of this section, shall not exceed fifteen	6416
years, and the first taxable year, or first calendar year that	6417
includes a tax period, for which the credit may be claimed;	6418

(b) If the tax credit is computed on the basis of home-based	6419
employees, the term of the credit shall expire on or before the	6420
last day of the taxable or calendar year ending before the	6421
beginning of the seventh year after September 6, 2012, the	6422
effective date of H.B. 327 of the 129th general assembly;.	6423

(3) A requirement that the taxpayer shall maintain operations	6424
at the project location for at least the greater of seven years or	6425
the term of the credit plus three years;	6426

(4) The percentage, as determined by the tax credit	6427
authority, of excess income tax revenue that will be allowed as	6428
the amount of the credit for each taxable year or for each	6429
calendar year that includes a tax period;	6430

(5) The pay increase factor to be applied to the taxpayer's	6431
baseline income tax revenue;	6432

(6) A requirement that the taxpayer annually shall report to	6433
the director of development services employment, tax withholding,	6434
investment, the provision of health care benefits and tuition	6435
reimbursement if required in the agreement, and other information	6436
the director needs to perform the director's duties under this	6437
section;	6438

(7) A requirement that the director of development services	6439
annually review the information reported under division (D)(6) of	6440
this section and verify compliance with the agreement; if the	6441
taxpayer is in compliance, a requirement that the director issue a	6442
certificate to the taxpayer stating that the information has been	6443
verified and identifying the amount of the credit that may be	6444
claimed for the taxable or calendar year;	6445

(8) A provision providing that the taxpayer may not relocate	6446
a substantial number of employment positions from elsewhere in	6447
this state to the project location unless the director of	6448
development services determines that the legislative authority of	6449
the county, township, or municipal corporation from which the	6450
employment positions would be relocated has been notified by the	6451
taxpayer of the relocation.	6452

For purposes of this section, the movement of an employment	6453
position from one political subdivision to another political	6454
subdivision shall be considered a relocation of an employment	6455
position unless the employment position in the first political	6456
subdivision is replaced.	6457

(9) If the tax credit is computed on the basis of home-based	6458
employees, that the tax credit may not be claimed by the taxpayer	6459
until the taxable year or tax period in which the taxpayer employs	6460
at least two hundred employees more than the number of employees	6461
the taxpayer employed on June 30, 2011.	6462

(E) If a taxpayer fails to meet or comply with any condition	6463
or requirement set forth in a tax credit agreement, the tax credit	6464
authority may amend the agreement to reduce the percentage or term	6465
of the tax credit. The reduction of the percentage or term may	6466
take effect in the current taxable or calendar year.	6467

(F) Projects that consist solely of point-of-final-purchase	6468
retail facilities are not eligible for a tax credit under this	6469
section. If a project consists of both point-of-final-purchase	6470
retail facilities and nonretail facilities, only the portion of	6471
the project consisting of the nonretail facilities is eligible for	6472
a tax credit and only the excess income tax revenue from the	6473
nonretail facilities shall be considered when computing the amount	6474
of the tax credit. If a warehouse facility is part of a	6475
point-of-final-purchase retail facility and supplies only that	6476
facility, the warehouse facility is not eligible for a tax credit.	6477
Catalog distribution centers are not considered	6478
point-of-final-purchase retail facilities for the purposes of this	6479
division, and are eligible for tax credits under this section.	6480

(G) Financial statements and other information submitted to	6481
the development services agency or the tax credit authority by an	6482
applicant or recipient of a tax credit under this section, and any	6483
information taken for any purpose from such statements or	6484
information, are not public records subject to section 149.43 of	6485
the Revised Code. However, the chairperson of the authority may	6486
make use of the statements and other information for purposes of	6487
issuing public reports or in connection with court proceedings	6488
concerning tax credit agreements under this section. Upon the	6489
request of the tax commissioner or, if the applicant or recipient	6490
is an insurance company, upon the request of the superintendent of	6491
insurance, the chairperson of the authority shall provide to the	6492
commissioner or superintendent any statement or information	6493
submitted by an applicant or recipient of a tax credit in	6494
connection with the credit. The commissioner or superintendent	6495
shall preserve the confidentiality of the statement or	6496
information.	6497

(H) A taxpayer claiming a credit under this section shall	6498
submit to the tax commissioner or, if the taxpayer is an insurance	6499
company, to the superintendent of insurance, a copy of the	6500
director of development services' certificate of verification	6501
under division (D)(7) of this section with the taxpayer's tax	6502
report or return for the taxable year or for the calendar year	6503
that includes the tax period. Failure to submit a copy of the	6504
certificate with the report or return does not invalidate a claim	6505
for a credit if the taxpayer submits a copy of the certificate to	6506
the commissioner or superintendent within sixty days after the	6507
commissioner or superintendent requests it.	6508

(I) The director of development services, after consultation	6509
with the tax commissioner and the superintendent of insurance and	6510
in accordance with Chapter 119. of the Revised Code, shall adopt	6511
rules necessary to implement this section, including rules that	6512
establish a procedure to be followed by the tax credit authority	6513
and the development services agency in the event the authority	6514
considers a taxpayer's application for which it receives a	6515
recommendation under division (C)(2)(a) of this section but does	6516
not approve it. The rules may provide for recipients of tax	6517
credits under this section to be charged fees to cover	6518
administrative costs of the tax credit program. The fees collected	6519
shall be credited to the business assistance fund created in	6520
section 122.174 of the Revised Code. At the time the director	6521
gives public notice under division (A) of section 119.03 of the	6522
Revised Code of the adoption of the rules, the director shall	6523
submit copies of the proposed rules to the chairpersons of the	6524
standing committees on economic development in the senate and the	6525
house of representatives.	6526

(J) For the purposes of this section, a taxpayer may include	6527
a partnership, a corporation that has made an election under	6528
subchapter S of chapter one of subtitle A of the Internal Revenue	6529
Code, or any other business entity through which income flows as a	6530
distributive share to its owners. A partnership, S-corporation, or	6531
other such business entity may elect to pass the credit received	6532
under this section through to the persons to whom the income or	6533
profit of the partnership, S-corporation, or other entity is	6534
distributed. The election shall be made on the annual report	6535
required under division (D)(6) of this section. The election	6536
applies to and is irrevocable for the credit for which the report	6537
is submitted. If the election is made, the credit shall be	6538
apportioned among those persons in the same proportions as those	6539
in which the income or profit is distributed.	6540

(K) If the director of development services determines that a	6541
taxpayer who has received a credit under this section is not	6542
complying with the requirement under division (D)(3) of this	6543
section, the director shall notify the tax credit authority of the	6544
noncompliance. After receiving such a notice, and after giving the	6545
taxpayer an opportunity to explain the noncompliance, the tax	6546
credit authority may require the taxpayer to refund to this state	6547
a portion of the credit in accordance with the following:	6548

(1) If the taxpayer maintained operations at the project	6549
location for a period less than or equal to the term of the	6550
credit, an amount not exceeding one hundred per cent of the sum of	6551
any credits allowed and received under this section;	6552

(2) If the taxpayer maintained operations at the project	6553
location for a period longer than the term of the credit, but less	6554
than the greater of seven years or the term of the credit plus	6555
three years, an amount not exceeding seventy-five per cent of the	6556
sum of any credits allowed and received under this section.	6557

In determining the portion of the tax credit to be refunded	6558
to this state, the tax credit authority shall consider the effect	6559
of market conditions on the taxpayer's project and whether the	6560
taxpayer continues to maintain other operations in this state.	6561
After making the determination, the authority shall certify the	6562
amount to be refunded to the tax commissioner or superintendent of	6563
insurance, as appropriate. If the amount is certified to the	6564
commissioner, the commissioner shall make an assessment for that	6565
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6566
5751. of the Revised Code. If the amount is certified to the	6567
superintendent, the superintendent shall make an assessment for	6568
that amount against the taxpayer under Chapter 5725. or 5729. of	6569
the Revised Code. The time limitations on assessments under those	6570
chapters do not apply to an assessment under this division, but	6571
the commissioner or superintendent, as appropriate, shall make the	6572
assessment within one year after the date the authority certifies	6573
to the commissioner or superintendent the amount to be refunded.	6574

(L) On or before the first day of August each year, the	6575
director of development services shall submit a report to the	6576
governor, the president of the senate, and the speaker of the	6577
house of representatives on the tax credit program under this	6578
section. The report shall include information on the number of	6579
agreements that were entered into under this section during the	6580
preceding calendar year, a description of the project that is the	6581
subject of each such agreement, and an update on the status of	6582
projects under agreements entered into before the preceding	6583
calendar year.	6584

(M) There is hereby created the tax credit authority, which	6585
consists of the director of development services and four other	6586
members appointed as follows: the governor, the president of the	6587
senate, and the speaker of the house of representatives each shall	6588
appoint one member who shall be a specialist in economic	6589
development; the governor also shall appoint a member who is a	6590
specialist in taxation. Of the initial appointees, the members	6591
appointed by the governor shall serve a term of two years; the	6592
members appointed by the president of the senate and the speaker	6593
of the house of representatives shall serve a term of four years.	6594
Thereafter, terms of office shall be for four years. Initial	6595
appointments to the authority shall be made within thirty days	6596
after January 13, 1993. Each member shall serve on the authority	6597
until the end of the term for which the member was appointed.	6598
Vacancies shall be filled in the same manner provided for original	6599
appointments. Any member appointed to fill a vacancy occurring	6600
prior to the expiration of the term for which the member's	6601
predecessor was appointed shall hold office for the remainder of	6602
that term. Members may be reappointed to the authority. Members of	6603
the authority shall receive their necessary and actual expenses	6604
while engaged in the business of the authority. The director of	6605
development services shall serve as chairperson of the authority,	6606
and the members annually shall elect a vice-chairperson from among	6607
themselves. Three members of the authority constitute a quorum to	6608
transact and vote on the business of the authority. The majority	6609
vote of the membership of the authority is necessary to approve	6610
any such business, including the election of the vice-chairperson.	6611

The director of development services may appoint a	6612
professional employee of the development services agency to serve	6613
as the director's substitute at a meeting of the authority. The	6614
director shall make the appointment in writing. In the absence of	6615
the director from a meeting of the authority, the appointed	6616
substitute shall serve as chairperson. In the absence of both the	6617
director and the director's substitute from a meeting, the	6618
vice-chairperson shall serve as chairperson.	6619

(N) For purposes of the credits granted by this section	6620
against the taxes imposed under sections 5725.18 and 5729.03 of	6621
the Revised Code, "taxable year" means the period covered by the	6622
taxpayer's annual statement to the superintendent of insurance.	6623

(O) On or before the first day of ~~January~~March of each of	6624
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6625
~~of the 129th general assembly becomeseffective~~beginning with	6626
2014, each taxpayer subject to an agreement with the tax credit	6627
authority under this section on the basis of home-based employees	6628
shall report the number of home-based employees and other	6629
employees employed by the taxpayer in this state to the ~~department~~	6630
of development services agency.	6631

(P) On or before the first day of January of ~~the seventh~~	6632
~~calendar year following the year in which H.B. 327 of the 129th~~	6633
~~general assembly became effective~~2019, the director of	6634
development services shall submit a report to the governor, the	6635
president of the senate, and the speaker of the house of	6636
representatives on the effect of agreements entered into under	6637
this section in which the taxpayer included home-based employees	6638
in the computation of income tax revenue. The report shall include	6639
information on the number of such agreements that were entered	6640
into in the preceding six years, a description of the projects	6641
that were the subjects of such agreements, and an analysis of	6642
nationwide home-based employment trends, including the number of	6643
home-based jobs created from July 1, 2011, through June 30, 2017,	6644
and a description of any home-based employment tax incentives	6645
provided by other states during that time.	6646

(Q) The director of development services may require any	6647
agreement entered into under this section for a tax credit	6648
computed on the basis of home-based employees to contain a	6649
provision that the taxpayer makes available health care benefits	6650
and tuition reimbursement to all employees.	6651

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

6652

(1) "Capital investment project" means a plan of investment	6653
at a project site for the acquisition, construction, renovation,	6654
or repair of buildings, machinery, or equipment, or for	6655
capitalized costs of basic research and new product development	6656
determined in accordance with generally accepted accounting	6657
principles, but does not include any of the following:	6658

(a) Payments made for the acquisition of personal property	6659
through operating leases;	6660

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

6661

(c) Payments made to a related member as defined in section	6662
5733.042 of the Revised Code or to a consolidated elected taxpayer	6663
or a combined taxpayer as defined in section 5751.01 of the	6664
Revised Code.	6665

(2) "Eligible business" means a taxpayer and its related	6666
members with Ohio operations satisfying all of the following:	6667

(a) The taxpayer employs at least five hundred full-time	6668
equivalent employees or has an annual payroll of at least	6669
thirty-five million dollars at the time the tax credit authority	6670
grants the tax credit under this section;	6671

(b) The taxpayer makes or causes to be made payments for the	6672
capital investment project of one of the following:	6673

(i) If the taxpayer is engaged at the project site primarily	6674
as a manufacturer, at least fifty million dollars in the aggregate	6675
at the project site during a period of three consecutive calendar	6676
years, including the calendar year that includes a day of the	6677
taxpayer's taxable year or tax period with respect to which the	6678
credit is granted;	6679

(ii) If the taxpayer is engaged at the project site primarily	6680
in significant corporate administrative functions, as defined by	6681
the director of development services by rule, at least twenty	6682
million dollars in the aggregate at the project site during a	6683
period of three consecutive calendar years including the calendar	6684
year that includes a day of the taxpayer's taxable year or tax	6685
period with respect to which the credit is granted;	6686

(iii) If the taxpayer is applying to enter into an agreement	6687
for a tax credit authorized under division (B)(3) of this section,	6688
at least five million dollars in the aggregate at the project site	6689
during a period of three consecutive calendar years, including the	6690
calendar year that includes a day of the taxpayer's taxable year	6691
or tax period with respect to which the credit is granted.	6692

(c) The taxpayer had a capital investment project reviewed	6693
and approved by the tax credit authority as provided in divisions	6694
(C), (D), and (E) of this section.	6695

(3) "Full-time equivalent employees" means the quotient	6696
obtained by dividing the total number of hours for which employees	6697
were compensated for employment in the project by two thousand	6698
eighty. "Full-time equivalent employees" shall exclude hours that	6699
are counted for a credit under section 122.17 of the Revised Code.	6700

(4) "Income tax revenue" means the total amount withheld	6701
under section 5747.06 of the Revised Code by the taxpayer during	6702
the taxable year, or during the calendar year that includes the	6703
tax period, from the compensation of all employees employed in the	6704
project whose hours of compensation are included in calculating	6705
the number of full-time equivalent employees.	6706

(5) "Manufacturer" has the same meaning as in section	6707
5739.011 of the Revised Code.	6708

(6) "Project site" means an integrated complex of facilities	6709
in this state, as specified by the tax credit authority under this	6710
section, within a fifteen-mile radius where a taxpayer is	6711
primarily operating as an eligible business.	6712

(7) "Related member" has the same meaning as in section	6713
5733.042 of the Revised Code as that section existed on the	6714
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6715
general assembly, September 29, 1997.	6716

(8) "Taxable year" includes, in the case of a domestic or	6717
foreign insurance company, the calendar year ending on the	6718
thirty-first day of December preceding the day the superintendent	6719
of insurance is required to certify to the treasurer of state	6720
under section 5725.20 or 5729.05 of the Revised Code the amount of	6721
taxes due from insurance companies.	6722

(B) The tax credit authority created under section 122.17 of	6723
the Revised Code may grant tax credits under this section for the	6724
purpose of fostering job retention in this state. Upon application	6725
by an eligible business and upon consideration of the	6726
recommendation of the director of budget and management, tax	6727
commissioner, the superintendent of insurance in the case of an	6728
insurance company, and director of development services under	6729
division (C) of this section, the tax credit authority may grant	6730
the following credits against the tax imposed by section 5725.18,	6731
5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised	6732
Code:	6733

(1) A nonrefundable credit to an eligible business;

6734

(2) A refundable credit to an eligible business meeting the	6735
following conditions, provided that the director of budget and	6736
management, tax commissioner, superintendent of insurance in the	6737
case of an insurance company, and director of development services	6738
have recommended the granting of the credit to the tax credit	6739
authority before July 1, 2011:	6740

(a) The business retains at least one thousand full-time	6741
equivalent employees at the project site.	6742

(b) The business makes or causes to be made payments for a	6743
capital investment project of at least twenty-five million dollars	6744
in the aggregate at the project site during a period of three	6745
consecutive calendar years, including the calendar year that	6746
includes a day of the business' taxable year or tax period with	6747
respect to which the credit is granted.	6748

(c) In 2010, the business received a written offer of	6749
financial incentives from another state of the United States that	6750
the director determines to be sufficient inducement for the	6751
business to relocate the business' operations from this state to	6752
that state.	6753

(3) A refundable credit to an eligible business with a total	6754
annual payroll of at least twenty million dollars, provided that	6755
the tax credit authority grants the tax credit on or after July 1,	6756
2011, and before January 1, 2014.	6757

The credits authorized in divisions (B)(1), (2), and (3) of	6758
this section may be granted for a period up to fifteen taxable	6759
years or, in the case of the tax levied by section 5751.02 of the	6760
Revised Code, for a period of up to fifteen calendar years. The	6761
credit amount for a taxable year or a calendar year that includes	6762
the tax period for which a credit may be claimed equals the income	6763
tax revenue for that year multiplied by the percentage specified	6764
in the agreement with the tax credit authority. The percentage may	6765
not exceed seventy-five per cent. The credit shall be claimed in	6766
the order required under section 5725.98, 5726.98, 5729.98,	6767
5733.98, 5747.98, or 5751.98 of the Revised Code. In determining	6768
the percentage and term of the credit, the tax credit authority	6769
shall consider both the number of full-time equivalent employees	6770
and the value of the capital investment project. The credit amount	6771
may not be based on the income tax revenue for a calendar year	6772
before the calendar year in which the tax credit authority	6773
specifies the tax credit is to begin, and the credit shall be	6774
claimed only for the taxable years or tax periods specified in the	6775
eligible business' agreement with the tax credit authority. In no	6776
event shall the credit be claimed for a taxable year or tax period	6777
terminating before the date specified in the agreement. Any credit	6778
granted under this section against the tax imposed by section	6779
5733.06 or 5747.02 of the Revised Code, to the extent not fully	6780
utilized against such tax for taxable years ending prior to 2008,	6781
shall automatically be converted without any action taken by the	6782
tax credit authority to a credit against the tax levied under	6783
Chapter 5751. of the Revised Code for tax periods beginning on or	6784
after July 1, 2008, provided that the person to whom the credit	6785
was granted is subject to such tax. The converted credit shall	6786
apply to those calendar years in which the remaining taxable years	6787
specified in the agreement end.	6788

If a nonrefundable credit allowed under division (B)(1) of	6789
this section for a taxable year or tax period exceeds the	6790
taxpayer's tax liability for that year or period, the excess may	6791
be carried forward for the three succeeding taxable or calendar	6792
years, but the amount of any excess credit allowed in any taxable	6793
year or tax period shall be deducted from the balance carried	6794
forward to the succeeding year or period.	6795

(C) A taxpayer that proposes a capital investment project to	6796
retain jobs in this state may apply to the tax credit authority to	6797
enter into an agreement for a tax credit under this section. The	6798
director of development services shall prescribe the form of the	6799
application. After receipt of an application, the authority shall	6800
forward copies of the application to the director of budget and	6801
management, the tax commissioner, the superintendent of insurance	6802
in the case of an insurance company, and the director of	6803
development services, each of whom shall review the application to	6804
determine the economic impact the proposed project would have on	6805
the state and the affected political subdivisions and shall submit	6806
a summary of their determinations and recommendations to the	6807
authority.	6808

(D) Upon review and consideration of the determinations and	6809
recommendations described in division (C) of this section, the tax	6810
credit authority may enter into an agreement with the taxpayer for	6811
a credit under this section if the authority determines all of the	6812
following:	6813

(1) The taxpayer's capital investment project will result in	6814
the retention of employment in this state.	6815

(2) The taxpayer is economically sound and has the ability to	6816
complete the proposed capital investment project.	6817

(3) The taxpayer intends to and has the ability to maintain	6818
operations at the project site for at least the greater of (a) the	6819
term of the credit plus three years, or (b) seven years.	6820

(4) Receiving the credit is a major factor in the taxpayer's	6821
decision to begin, continue with, or complete the project.	6822

(5) If the taxpayer is applying to enter into an agreement	6823
for a tax credit authorized under division (B)(3) of this section,	6824
the taxpayer's capital investment project will be located in the	6825
political subdivision in which the taxpayer maintains its	6826
principal place of business or maintains a unit or division with	6827
at least four thousand two hundred employees at the project site.	6828

(E) An agreement under this section shall include all of the	6829
following:	6830

(1) A detailed description of the project that is the subject	6831
of the agreement, including the amount of the investment, the	6832
period over which the investment has been or is being made, the	6833
number of full-time equivalent employees at the project site, and	6834
the anticipated income tax revenue to be generated.	6835

(2) The term of the credit, the percentage of the tax credit,	6836
the maximum annual value of tax credits that may be allowed each	6837
year, and the first year for which the credit may be claimed.	6838

(3) A requirement that the taxpayer maintain operations at	6839
the project site for at least the greater of (a) the term of the	6840
credit plus three years, or (b) seven years.	6841

(4)(a) In the case of a credit granted under division (B)(1)	6842
of this section, a requirement that the taxpayer retain at least	6843
five hundred full-time equivalent employees at the project site	6844
and within this state for the entire term of the credit, or a	6845
requirement that the taxpayer maintain an annual payroll of at	6846
least thirty-five million dollars for the entire term of the	6847
credit;	6848

(b) In the case of a credit granted under division (B)(2) of	6849
this section, a requirement that the taxpayer retain at least one	6850
thousand full-time equivalent employees at the project site and	6851
within this state for the entire term of the credit;	6852

(c) In the case of a credit granted under division (B)(3) of	6853
this section, either of the following:	6854

(i) A requirement that the taxpayer retain at least five	6855
hundred full-time equivalent employees at the project site and	6856
within this state for the entire term of the credit and a	6857
requirement that the taxpayer maintain an annual payroll of at	6858
least twenty million dollars for the entire term of the credit;	6859

(ii) A requirement that the taxpayer maintain an annual	6860
payroll of at least thirty-five million dollars for the entire	6861
term of the credit.	6862

(5) A requirement that the taxpayer annually report to the	6863
director of development services employment, tax withholding,	6864
capital investment, and other information the director needs to	6865
perform the director's duties under this section.	6866

(6) A requirement that the director of development services	6867
annually review the annual reports of the taxpayer to verify the	6868
information reported under division (E)(5) of this section and	6869
compliance with the agreement. Upon verification, the director	6870
shall issue a certificate to the taxpayer stating that the	6871
information has been verified and identifying the amount of the	6872
credit for the taxable year or calendar year that includes the tax	6873
period. In determining the number of full-time equivalent	6874
employees, no position shall be counted that is filled by an	6875
employee who is included in the calculation of a tax credit under	6876
section 122.17 of the Revised Code.	6877

(7) A provision providing that the taxpayer may not relocate	6878
a substantial number of employment positions from elsewhere in	6879
this state to the project site unless the director of development	6880
services determines that the taxpayer notified the legislative	6881
authority of the county, township, or municipal corporation from	6882
which the employment positions would be relocated.	6883

For purposes of this section, the movement of an employment	6884
position from one political subdivision to another political	6885
subdivision shall be considered a relocation of an employment	6886
position unless the movement is confined to the project site. The	6887
transfer of an employment position from one political subdivision	6888
to another political subdivision shall not be considered a	6889
relocation of an employment position if the employment position in	6890
the first political subdivision is replaced by another employment	6891
position.	6892

(8) A waiver by the taxpayer of any limitations periods	6893
relating to assessments or adjustments resulting from the	6894
taxpayer's failure to comply with the agreement.	6895

(F) If a taxpayer fails to meet or comply with any condition	6896
or requirement set forth in a tax credit agreement, the tax credit	6897
authority may amend the agreement to reduce the percentage or term	6898
of the credit. The reduction of the percentage or term may take	6899
effect in the current taxable or calendar year.	6900

(G) Financial statements and other information submitted to	6901
the department of development services or the tax credit authority	6902
by an applicant for or recipient of a tax credit under this	6903
section, and any information taken for any purpose from such	6904
statements or information, are not public records subject to	6905
section 149.43 of the Revised Code. However, the chairperson of	6906
the authority may make use of the statements and other information	6907
for purposes of issuing public reports or in connection with court	6908
proceedings concerning tax credit agreements under this section.	6909
Upon the request of the tax commissioner, or the superintendent of	6910
insurance in the case of an insurance company, the chairperson of	6911
the authority shall provide to the commissioner or superintendent	6912
any statement or other information submitted by an applicant for	6913
or recipient of a tax credit in connection with the credit. The	6914
commissioner or superintendent shall preserve the confidentiality	6915
of the statement or other information.	6916

(H) A taxpayer claiming a tax credit under this section shall	6917
submit to the tax commissioner or, in the case of an insurance	6918
company, to the superintendent of insurance, a copy of the	6919
director of development services' certificate of verification	6920
under division (E)(6) of this section with the taxpayer's tax	6921
report or return for the taxable year or for the calendar year	6922
that includes the tax period. Failure to submit a copy of the	6923
certificate with the report or return does not invalidate a claim	6924
for a credit if the taxpayer submits a copy of the certificate to	6925
the commissioner or superintendent within sixty days after the	6926
commissioner or superintendent requests it.	6927

(I) For the purposes of this section, a taxpayer may include	6928
a partnership, a corporation that has made an election under	6929
subchapter S of chapter one of subtitle A of the Internal Revenue	6930
Code, or any other business entity through which income flows as a	6931
distributive share to its owners. A partnership, S-corporation, or	6932
other such business entity may elect to pass the credit received	6933
under this section through to the persons to whom the income or	6934
profit of the partnership, S-corporation, or other entity is	6935
distributed. The election shall be made on the annual report	6936
required under division (E)(5) of this section. The election	6937
applies to and is irrevocable for the credit for which the report	6938
is submitted. If the election is made, the credit shall be	6939
apportioned among those persons in the same proportions as those	6940
in which the income or profit is distributed.	6941

(J) If the director of development services determines that a	6942
taxpayer that received a certificate under division (E)(6) of this	6943
section is not complying with the requirement under division	6944
(E)(3) of this section, the director shall notify the tax credit	6945
authority of the noncompliance. After receiving such a notice, and	6946
after giving the taxpayer an opportunity to explain the	6947
noncompliance, the authority may terminate the agreement and	6948
require the taxpayer, or any related member or members that	6949
claimed the tax credit under division (N) of this section, to	6950
refund to the state all or a portion of the credit claimed in	6951
previous years, as follows:	6952

(1) If the taxpayer maintained operations at the project site	6953
for less than or equal to the term of the credit, an amount not to	6954
exceed one hundred per cent of the sum of any tax credits allowed	6955
and received under this section.	6956

(2) If the taxpayer maintained operations at the project site	6957
longer than the term of the credit, but less than the greater of	6958
(a) the term of the credit plus three years, or (b) seven years,	6959
the amount required to be refunded shall not exceed seventy-five	6960
per cent of the sum of any tax credits allowed and received under	6961
this section.	6962

In determining the portion of the credit to be refunded to	6963
this state, the authority shall consider the effect of market	6964
conditions on the taxpayer's project and whether the taxpayer	6965
continues to maintain other operations in this state. After making	6966
the determination, the authority shall certify the amount to be	6967
refunded to the tax commissioner or the superintendent of	6968
insurance. If the taxpayer, or any related member or members who	6969
claimed the tax credit under division (N) of this section, is not	6970
an insurance company, the commissioner shall make an assessment	6971
for that amount against the taxpayer under Chapter 5726., 5733.,	6972
5747., or 5751. of the Revised Code. If the taxpayer, or any	6973
related member or members that claimed the tax credit under	6974
division (N) of this section, is an insurance company, the	6975
superintendent of insurance shall make an assessment under section	6976
5725.222 or 5729.102 of the Revised Code. The time limitations on	6977
assessments under those chapters and sections do not apply to an	6978
assessment under this division, but the commissioner or	6979
superintendent shall make the assessment within one year after the	6980
date the authority certifies to the commissioner or superintendent	6981
the amount to be refunded.	6982

(K) The director of development services, after consultation	6983
with the tax commissioner and the superintendent of insurance and	6984
in accordance with Chapter 119. of the Revised Code, shall adopt	6985
rules necessary to implement this section. The rules may provide	6986
for recipients of tax credits under this section to be charged	6987
fees to cover administrative costs of the tax credit program. The	6988
fees collected shall be credited to the business assistance fund	6989
created in section 122.174 of the Revised Code. At the time the	6990
director gives public notice under division (A) of section 119.03	6991
of the Revised Code of the adoption of the rules, the director	6992
shall submit copies of the proposed rules to the chairpersons of	6993
the standing committees on economic development in the senate and	6994
the house of representatives.	6995

(L) On or before the first day of August of each year, the	6996
director of development services shall submit a report to the	6997
governor, the president of the senate, and the speaker of the	6998
house of representatives on the tax credit program under this	6999
section. The report shall include information on the number of	7000
agreements that were entered into under this section during the	7001
preceding calendar year, a description of the project that is the	7002
subject of each such agreement, and an update on the status of	7003
projects under agreements entered into before the preceding	7004
calendar year.	7005

(M)(1) The aggregate amount of tax credits issued under	7006
division (B)(1) of this section during any calendar year for	7007
capital investment projects reviewed and approved by the tax	7008
credit authority may not exceed the following amounts:	7009

(a) For 2010, thirteen million dollars;

7010

(b) For 2011 through 2023, the amount of the limit for the	7011
preceding calendar year plus thirteen million dollars;	7012

(c) For 2024 and each year thereafter, one hundred	7013
ninety-five million dollars.	7014

(2) The aggregate amount of tax credits authorized under	7015
divisions (B)(2) and (3) of this section and allowed to be claimed	7016
by taxpayers in any calendar year for capital improvement projects	7017
reviewed and approved by the tax credit authority in 2011, 2012,	7018
and 2013 combined shall not exceed twenty-five million dollars. An	7019
amount equal to the aggregate amount of credits first authorized	7020
in calendar year 2011, 2012, and 2013 may be claimed over the	7021
ensuing period up to fifteen years, subject to the terms of	7022
individual tax credit agreements.	7023

The limitations in division (M) of this section do not apply	7024
to credits for capital investment projects approved by the tax	7025
credit authority before July 1, 2009.	7026

(N) This division applies only to an eligible business that	7027
is part of an affiliated group that includes a diversified savings	7028
and loan holding company or a grandfathered unitary savings and	7029
loan holding company, as those terms are defined in section	7030
5726.01 of the Revised Code. Notwithstanding any contrary	7031
provision of the agreement between such an eligible business and	7032
the tax credit authority, any credit granted under this section	7033
against the tax imposed by section 5725.18, 5729.03, 5733.06,	7034
5747.02, or 5751.02 of the Revised Code to the eligible business,	7035
at the election of the eligible business and without any action by	7036
the tax credit authority, may be shared with any member or members	7037
of the affiliated group that includes the eligible business, which	7038
member or members may claim the credit against the taxes imposed	7039
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02	7040
of the Revised Code. Credits shall be claimed by the eligible	7041
business in sequential order, as applicable, first claiming the	7042
credits to the fullest extent possible against the tax that the	7043
certificate holder is subject to, then against the tax imposed by,	7044
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and	7045
lastly 5726.02 of the Revised Code. The credits may be allocated	7046
among the members of the affiliated group in such manner as the	7047
eligible business elects, but subject to the sequential order	7048
required under this division. This division applies to credits	7049
granted before, on, or after March 27, 2013, the effective date of	7050
H.B. 510 of the 129th general assembly. Credits granted before	7051
that effective date that are shared and allocated under this	7052
division may be claimed in those calendar years in which the	7053
remaining taxable years specified in the agreement end.	7054

As used in this division, "affiliated group" means a group of	7055
two or more persons with fifty per cent or greater of the value of	7056
each person's ownership interests owned or controlled directly,	7057
indirectly, or constructively through related interests by common	7058
owners during all or any portion of the taxable year, and the	7059
common owners. "Affiliated group" includes, but is not limited to,	7060
any person eligible to be included in a consolidated elected	7061
taxpayer group under section 5751.011 of the Revised Code or a	7062
combined taxpayer group under section 5751.012 of the Revised	7063
Code.	7064

Sec. 122.175. (A) As used in this section:

7065

(1) "Capital investment project" means a plan of investment	7066
at a project site for the acquisition, construction, renovation,	7067
expansion, replacement, or repair of a computer data center or of	7068
computer data center equipment, but does not include any of the	7069
following:	7070

(a) Project costs paid before a date determined by the tax	7071
credit authority for each capital investment project;	7072

(b) Payments made to a related member as defined in section	7073
5733.042 of the Revised Code or to a consolidated elected taxpayer	7074
or a combined taxpayer as defined in section 5751.01 of the	7075
Revised Code.	7076

(2) "Computer data center" means a facility used or to be	7077
used primarily to house computer data center equipment used or to	7078
be used in conducting aone or more computer data center ~~business~~	7079
businesses, as determined by the tax credit authority.	7080

(3) "Computer data center business" means, as may be further	7081
determined by the tax credit authority, a business that provides	7082
electronic information services as defined in division (Y)(1)(c)	7083
of section 5739.01 of the Revised Code, or that leases a facility	7084
to one or more such businesses. "Computer data center business"	7085
does not include providing electronic publishing as defined in	7086
division (LLL) of that section.	7087

(4) "Computer data center equipment" means tangible personal	7088
property used or to be used for any of the following:	7089

(a) To conduct a computer data center business, including	7090
equipment cooling systems to manage the performance of computer	7091
data center equipment;	7092

(b) To generate, transform, transmit, distribute, or manage	7093
electricity necessary to operate the tangible personal property	7094
used or to be used in conducting a computer data center business;	7095

(c) As building and construction materials sold to	7096
construction contractors for incorporation into a computer data	7097
center.	7098

(5) "Eligible computer data center" means a computer data	7099
center that satisfies all of the following requirements:	7100

(a) ~~The taxpayer~~One or more taxpayers operating a computer	7101
data center business at the project site will, in the aggregate,	7102
make payments for a capital investment project of at least one	7103
hundred million dollars ~~in the aggregate~~ at the project site	7104
during a period of three consecutive calendar years;	7105

(b) ~~The taxpayer~~One or more taxpayers operating a computer	7106
data center business at the project site will, in the aggregate,	7107
pay annual compensation that is subject to the withholding	7108
obligation imposed under section 5747.06 of the Revised Code of at	7109
least ~~five~~one million five hundred thousand dollars to employees	7110
employed at the project site for ~~the term of the agreement~~each	7111
year of the agreement beginning on or after the first day of the	7112
twenty-fifth month after the agreement was entered into under this	7113
section.	7114

(6) "Person" has the same meaning as in section 5701.01 of	7115
the Revised Code.	7116

(7) "Project site," "related member," and "tax credit	7117
authority" have the same meanings as in sections 122.17 and	7118
122.171 of the Revised Code.	7119

(8) "Taxpayer" means any person subject to the taxes imposed	7120
under Chapters 5739. and 5741. of the Revised Code.	7121

(B) The tax credit authority may completely or partially	7122
exempt from the taxes levied under Chapters 5739. and 5741. of the	7123
Revised Code the sale, storage, use, or other consumption of	7124
computer data center equipment used or to be used at an eligible	7125
computer data center. Any such exemption shall extend to charges	7126
for the delivery, installation, or repair of the computer data	7127
center equipment subject to the exemption under this section.	7128

(C) A taxpayer that proposes a capital improvement project	7129
for an eligible computer data center in this state may apply to	7130
the tax credit authority to enter into an agreement under this	7131
section ~~for~~authorizing a complete or partial exemption from the	7132
taxes imposed under Chapters 5739. and 5741. of the Revised Code	7133
on computer data center equipment purchased by the applicant or	7134
any other taxpayer that operates a computer data center business	7135
at the project site and used or to be used at the eligible	7136
computer data center. The director of development services shall	7137
prescribe the form of the application. After receipt of an	7138
application, the authority shall forward copies of the application	7139
to the director of budget and management, the tax commissioner,	7140
and the director of development services, each of whom shall	7141
review the application to determine the economic impact that the	7142
proposed eligible computer data center would have on the state and	7143
any affected political subdivisions and submit to the authority a	7144
summary of their determinations and recommendations.	7145

(D) Upon review and consideration of such determinations and	7146
recommendations, the tax credit authority may enter into an	7147
agreement with the applicant and any other taxpayer that operates	7148
a computer data center business at the project site for a complete	7149
or partial exemption from the taxes imposed under Chapters 5739.	7150
and 5741. of the Revised Code on computer data center equipment	7151
used or to be used at an eligible computer data center if the	7152
authority determines all of the following:	7153

(1) The ~~taxpayer's~~ capital investment project for the	7154
eligible computer data center will increase payroll and the amount	7155
of income taxes to be withheld from employee compensation pursuant	7156
to section 5747.06 of the Revised Code.	7157

(2) The ~~taxpayer~~applicant is economically sound and has the	7158
ability to complete or effect the completion of the proposed	7159
capital investment project.	7160

(3) The ~~taxpayer~~applicant intends to and has the ability to	7161
maintain operations at the project site for the term of the	7162
agreement.	7163

(4) Receiving the exemption is a major factor in the	7164
~~taxpayer's~~applicant's decision to begin, continue with, or	7165
complete the capital investment project.	7166

(E) An agreement entered into under this section shall	7167
include all of the following:	7168

(1) A detailed description of the capital investment project	7169
that is the subject of the agreement, including the amount of the	7170
investment, the period over which the investment has been or is	7171
being made, the annual compensation to be paid by ~~the~~each	7172
taxpayer subject to the agreement to its employees at the project	7173
site, and the anticipated amount of income taxes to be withheld	7174
from employee compensation pursuant to section 5747.06 of the	7175
Revised Code.	7176

(2) The percentage of the exemption from the taxes imposed	7177
under Chapters 5739. and 5741. of the Revised Code for the	7178
computer data center equipment used or to be used at the eligible	7179
computer data center, the length of time the computer data center	7180
equipment will be exempted, and the first date on which the	7181
exemption applies.	7182

(3) A requirement that ~~the taxpayer maintain~~ the computer	7183
data center asremain an eligible computer data center during the	7184
term of the agreement and that the ~~taxpayer~~applicant maintain	7185
operations at the eligible computer data center during that term.	7186
An applicant does not violate the requirement described in	7187
division (E)(3) of this section if the applicant ceases operations	7188
at the eligible computer data center during the term of the	7189
agreement but resumes those operations within eighteen months	7190
after the date of cessation. The agreement shall provide that, in	7191
such a case, the applicant and any other taxpayer that operates a	7192
computer data center business at the project site shall not claim	7193
the tax exemption authorized in the agreement for any purchase of	7194
computer data center equipment made during the period in which the	7195
applicant did not maintain operations at the eligible computer	7196
data center.	7197

(4) A requirement that ~~during~~, for each year of the term of	7198
the agreement ~~the taxpayer~~beginning on or after the first day of	7199
the twenty-fifth month after the date the agreement was entered	7200
into, one or more taxpayers operating a computer data center	7201
business at the project site will, in the aggregate, pay annual	7202
compensation that is subject to the withholding obligation imposed	7203
under section 5747.06 of the Revised Code of at least ~~five~~one	7204
million five hundred thousand dollars to ~~its~~ employees at the	7205
eligible computer data center.	7206

(5) A requirement that ~~the~~each taxpayer subject to the	7207
agreement annually report to the director of development services	7208
employment, tax withholding, capital investment, and other	7209
information required by the director to perform the director's	7210
duties under this section.	7211

(6) A requirement that the director of development services	7212
annually review the annual reports of ~~the~~each taxpayer subject to	7213
the agreement to verify the information reported under division	7214
(E)(5) of this section and compliance with the agreement. Upon	7215
verification, the director shall issue a certificate to ~~the~~each	7216
such taxpayer stating that the information has been verified and	7217
that the taxpayer remains eligible for the exemption specified in	7218
the agreement.	7219

(7) A provision providing that the ~~taxpayer~~taxpayers subject	7220
to the agreement may not relocate a substantial number of	7221
employment positions from elsewhere in this state to the project	7222
site unless the director of development services determines that	7223
the appropriate taxpayer notified the legislative authority of the	7224
county, township, or municipal corporation from which the	7225
employment positions would be relocated. For purposes of this	7226
paragraph, the movement of an employment position from one	7227
political subdivision to another political subdivision shall be	7228
considered a relocation of an employment position unless the	7229
movement is confined to the project site. The transfer of an	7230
employment position from one political subdivision to another	7231
political subdivision shall not be considered a relocation of an	7232
employment position if the employment position in the first	7233
political subdivision is replaced by another employment position.	7234

(8) A waiver by ~~the~~each taxpayer subject to the agreement of	7235
any limitations periods relating to assessments or adjustments	7236
resulting from the taxpayer's failure to comply with the	7237
agreement.	7238

(F) The term of an agreement under this section shall be	7239
determined by the tax credit authority, and the amount of the	7240
exemption shall not exceed one hundred per cent of such taxes that	7241
would otherwise be owed in respect to the exempted computer data	7242
center equipment.	7243

(G) If aany taxpayer subject to an agreement under this	7244
section fails to meet or comply with any condition or requirement	7245
set forth in anthe agreement ~~under this section~~, the tax credit	7246
authority may amend the agreement to reduce the percentage of the	7247
exemption or term during which the exemption applies to the	7248
computer data center equipment used or to be used by the	7249
noncompliant taxpayer at an eligible computer data center. The	7250
reduction of the percentage or term may take effect in the current	7251
calendar year.	7252

(H) Financial statements and other information submitted to	7253
the department of development services or the tax credit authority	7254
by an applicant for or recipient of an exemption under this	7255
section, and any information taken for any purpose from such	7256
statements or information, are not public records subject to	7257
section 149.43 of the Revised Code. However, the chairperson of	7258
the authority may make use of the statements and other information	7259
for purposes of issuing public reports or in connection with court	7260
proceedings concerning tax exemption agreements under this	7261
section. Upon the request of the tax commissioner, the chairperson	7262
of the authority shall provide to the tax commissioner any	7263
statement or other information submitted by an applicant for or	7264
recipient of an exemption under this section. The tax commissioner	7265
shall preserve the confidentiality of the statement or other	7266
information.	7267

(I) The tax commissioner shall issue a direct payment permit	7268
under section 5739.031 of the Revised Code to aeach taxpayer ~~that~~	7269
~~enters into~~subject to an agreement under this section. Such	7270
direct payment permit shall authorize the taxpayer to pay any	7271
sales and use taxes due on purchases of computer data center	7272
equipment used or to be used in an eligible computer data center	7273
and to pay any sales and use taxes due on purchases of tangible	7274
personal property or taxable services other than computer data	7275
center equipment used or to be used in an eligible computer data	7276
center directly to the tax commissioner. Each such taxpayer shall	7277
pay pursuant to such direct payment permit all sales tax levied on	7278
such purchases under sections 5739.02, 5739.021, 5739.023, and	7279
5739.026 of the Revised Code and all use tax levied on such	7280
purchases under sections 5741.02, 5741.021, 5741.022, and 5741.023	7281
of the Revised Code, consistent with the terms of the agreement	7282
entered into under this section.	7283

During the term of an agreement under this section ~~the~~each	7284
taxpayer subject to the agreement shall submit to the tax	7285
commissioner a return that shows the amount of computer data	7286
center equipment purchased for use at the eligible computer data	7287
center, the amount of tangible personal property and taxable	7288
services other than computer data center equipment purchased for	7289
use at the eligible computer data center, the amount of tax under	7290
Chapter 5739. or 5741. of the Revised Code that would be due in	7291
the absence of the agreement under this section, the exemption	7292
percentage for computer data center equipment specified in the	7293
agreement, and the amount of tax due under Chapter 5739. or 5741.	7294
of the Revised Code as a result of the agreement under this	7295
section. ~~The~~Each such taxpayer shall pay the tax shown on the	7296
return to be due in the manner and at the times as may be further	7297
prescribed by the tax commissioner. ~~The~~Each such taxpayer shall	7298
include a copy of the director of development services'	7299
certificate of verification issued under division (E)(6) of this	7300
section. Failure to submit a copy of the certificate with the	7301
return does not invalidate the claim for exemption if the taxpayer	7302
submits a copy of the certificate to the tax commissioner within	7303
sixty days after the tax commissioner requests it.	7304

(J) If the director of development services determines that a	7305
~~taxpayer that~~one or more taxpayers received an exemption ~~under~~	7306
~~this section is not complying~~from taxes due on the purchase of	7307
computer data center equipment purchased for use at a computer	7308
data center that no longer complies with the requirement under	7309
division (E)(3) of this section, the director shall notify the tax	7310
credit authority and, if applicable, the taxpayer that applied to	7311
enter the agreement for the exemption under division (C) if this	7312
section of the noncompliance. After receiving such a notice, and	7313
after giving ~~the~~each taxpayer subject to the agreement an	7314
opportunity to explain the noncompliance, the authority may	7315
terminate the agreement and require ~~the~~each such taxpayer to pay	7316
to the state all or a portion of the taxes that would have been	7317
owed in regards to the exempt equipment in previous years, all as	7318
determined under rules adopted pursuant to division (K) of this	7319
section. In determining the portion of the taxes that would have	7320
been owed on the previously exempted equipment to be paid to this	7321
state by ~~the~~a taxpayer, the authority shall consider the effect	7322
of market conditions on the ~~taxpayer's~~ eligible computer data	7323
center ~~and~~, whether the taxpayer continues to maintain other	7324
operations in this state, and, with respect to agreements	7325
involving multiple taxpayers, the taxpayer's level of	7326
responsibility for the noncompliance. After making the	7327
determination, the authority shall certify to the tax commissioner	7328
the amount to be paid by ~~the~~each taxpayer subject to the	7329
agreement. The tax commissioner shall make an assessment for that	7330
amount against ~~the~~each such taxpayer under Chapter 5739. or 5741.	7331
of the Revised Code. The time limitations on assessments under	7332
those chapters do not apply to an assessment under this division,	7333
but the tax commissioner shall make the assessment within one year	7334
after the date the authority certifies to the tax commissioner the	7335
amount to be paid by the taxpayer.	7336

(K) The director of development services, after consultation	7337
with the tax commissioner and in accordance with Chapter 119. of	7338
the Revised Code, shall adopt rules necessary to implement this	7339
section. The rules may provide for recipients of tax exemptions	7340
under this section to be charged fees to cover administrative	7341
costs incurred in the administration of this section. The fees	7342
collected shall be credited to the business assistance fund	7343
created in section 122.174 of the Revised Code. At the time the	7344
director gives public notice under division (A) of section 119.03	7345
of the Revised Code of the adoption of the rules, the director	7346
shall submit copies of the proposed rules to the chairpersons of	7347
the standing committees on economic development in the senate and	7348
the house of representatives.	7349

(L) On or before the first day of August of each year, the	7350
director of development services shall submit a report to the	7351
governor, the president of the senate, and the speaker of the	7352
house of representatives on the tax exemption authorized under	7353
this section. The report shall include information on the number	7354
of agreements that were entered into under this section during the	7355
preceding calendar year, a description of the eligible computer	7356
data center that is the subject of each such agreement, and an	7357
update on the status of eligible computer data centers under	7358
agreements entered into before the preceding calendar year.	7359

(M) A taxpayer may be made a party to an existing agreement	7360
entered into under this section by the tax credit authority and	7361
another taxpayer or group of taxpayers. In such a case, the	7362
taxpayer shall be entitled to all benefits and bound by all	7363
obligations contained in the agreement and all requirements	7364
described in this section. When an agreement includes multiple	7365
taxpayers, each taxpayer shall be entitled to a direct payment	7366
permit as authorized in division (I) of this section.	7367

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	7368
of the Revised Code:	7369

(A) "New technology" means the development through science or	7370
research of methods, processes, and procedures, including but not	7371
limited to those involving the processing and utilization of coal,	7372
for practical application in industrial or agribusiness	7373
situations.	7374

(B) "Industrial research" means study and investigation in	7375
giving new shapes, new qualities or new combinations to matter or	7376
material products by the application of labor thereto or the	7377
rehabilitation of an existing matter or material product.	7378

(C) "Enterprise" means a business with its principal place of	7379
business in this state or which proposes to be engaged in this	7380
state in research and development or in the provision of products	7381
or services involving a significant amount of new technology.	7382

(D) "Educational institutions" means nonprofit public and	7383
private colleges and universities, incorporated or unincorporated,	7384
in the state.	7385

(E) "Small business" means an enterprise with less than four	7386
hundred employees, including corporations, partnerships,	7387
unincorporated entities, proprietorships, and joint enterprises.	7388

(F) "Applied research" means the application of basic	7389
research for the development of new technology.	7390

Sec. 122.30. The ~~industrial technology and enterprise~~	7391
~~advisory council and the~~ director of development ~~are~~services is	7392
vested with the powers and duties provided in sections 122.28 and	7393
122.30 to 122.36 of the Revised Code, to promote the welfare of	7394
the people of the state through the interaction of the business	7395
and industrial community and educational institutions in the	7396
development of new technology and enterprise.	7397

(A) It is necessary for the state to establish the ~~industrial~~	7398
~~technology and enterprise advisory council and the~~ programs	7399
created pursuant to sections 122.28 and 122.30 to 122.36 of the	7400
Revised Code to accomplish the following purposes which are	7401
determined to be essential:	7402

(1) Improve the existing industrial and agricultural base of	7403
the state;	7404

(2) Improve the economy of the state by providing employment,	7405
increasing productivity, and slowing the rate of inflation;	7406

(3) Develop markets worldwide for the products of the state's	7407
natural resources and agricultural and manufacturing industries;	7408

(4) Maintain a high standard of living for the people of the	7409
state.	7410

(B) ~~The industrial technology and enterprise advisory council~~	7411
~~shall do all of the following:~~	7412

~~(1) Make recommendations to the director of development as to~~	7413
~~applications for assistance pursuant to sections 122.28 to 122.36~~	7414
~~of the Revised Code. The council may revise its recommendations to~~	7415
~~reflect any changes in the proposed assistance made by the~~	7416
~~director.~~	7417

~~(2) Advise the director in the administration of sections~~	7418
~~122.28 to 122.36 of the Revised Code;~~	7419

~~(3) Adopt bylaws to govern the conduct of the council's~~	7420
~~business.~~	7421

~~(C)~~ The director ~~of development~~ shall do all of the	7422
following:	7423

(1) Receive applications for assistance under sections 122.28	7424
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	7425
~~forward them to the council together with necessary supporting~~	7426
~~information~~;	7427

(2) ~~Receive the recommendations of the council and make~~Make	7428
a ~~final~~ determination whether to approve the application for	7429
assistance;	7430

(3) Transmit determinations to approve assistance exceeding	7431
forty thousand dollars to the controlling board, together with any	7432
information the controlling board requires, for the board's review	7433
and decision as to whether to approve the assistance;	7434

(4) Gather and disseminate information and conduct hearings,	7435
conferences, seminars, investigations, and special studies on	7436
problems and programs concerning industrial research and new	7437
technology and their commercial applications in the state;	7438

(5) Establish an annual program to recognize the	7439
accomplishments and contributions of individuals and organizations	7440
in the development of industrial research and new technology in	7441
the state;	7442

(6) Stimulate both public and industrial awareness and	7443
interest in industrial research and development of new technology	7444
primarily in the areas of industrial processes, implementation,	7445
energy, agribusiness, medical technology, avionics, and food	7446
processing;	7447

(7) Develop and implement comprehensive and coordinated	7448
policies, programs, and procedures promoting industrial research	7449
and new technology;	7450

(8) Propose appropriate legislation or executive actions to	7451
stimulate the development of industrial research and new	7452
technology by enterprises and individuals;	7453

(9) Encourage and facilitate contracts between industry,	7454
agriculture, educational institutions, federal agencies, and state	7455
agencies, with special emphasis on industrial research and new	7456
technology by small businesses and agribusiness;	7457

(10) Participate with any state agency in developing specific	7458
programs and goals to assist in the development of industrial	7459
research and new technology and monitor performance;	7460

(11) Assist enterprises in obtaining alternative forms of	7461
governmental or commercial financing for industrial research and	7462
new technology;	7463

(12) Assist enterprises or individuals in the implementation	7464
of new programs and policies and the expansion of existing	7465
programs to provide an atmosphere conducive to increased	7466
cooperation among and participation by individuals, enterprises,	7467
and educational institutions engaged in industrial research and	7468
the development of new technology;	7469

(13) Advertise, prepare, print, and distribute books, maps,	7470
pamphlets, and other information ~~which in the judgment of the~~	7471
~~director will further its purposes~~;	7472

(14) Include in the director's annual report to the governor	7473
and the general assembly a report on the activities for the	7474
preceding calendar year under sections 122.28 and 122.30 to 122.36	7475
of the Revised Code;	7476

(15) Approve the expenditure of money appropriated by the	7477
general assembly for the purpose of sections 122.28 and 122.30 to	7478
122.36 of the Revised Code;	7479

(16) Identify and implement federal research and development	7480
programs which would link Ohio's industrial base, research	7481
facilities, and natural resources;	7482

(17) Employ and fix the compensation of technical and	7483
professional personnel, who shall be in the unclassified civil	7484
service, and employ other personnel, who shall be in the	7485
classified civil service, as necessary to carry out the provisions	7486
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	7487

Sec. 122.31. All expenses and obligations incurred by the	7488
director of development ~~and the industrial technology and~~	7489
~~enterprise advisory council~~services in carrying out ~~their~~the	7490
director's powers and ~~in exercising their~~ duties under sections	7491
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	7492
revenues or other receipts or income from grants, gifts,	7493
contributions, compensation, reimbursement, and funds established	7494
in accordance with those sections or general revenue funds	7495
appropriated by the general assembly for operating expenses of the	7496
director ~~or council~~.	7497

Sec. 122.32. The director of development services, on behalf	7498
of the programs authorized pursuant to sections 122.28 and 122.30	7499
to 122.36 of the Revised Code, may receive and accept grants,	7500
gifts, and contributions of money, property, labor, and other	7501
things of value to be held, used, and applied only for the purpose	7502
for which the grants, gifts, and contributions are made, from	7503
individuals, private and public corporations, from the United	7504
States or any agency of the United States, and from any political	7505
subdivision of the state. The director may agree to repay any	7506
contribution of money or to return any property contributed or its	7507
value at times, in amounts, and on terms and conditions excluding	7508
the payment of interest as the director determines at the time the	7509
contribution is made. The director may evidence the obligation by	7510
written contracts, subject to section 122.31 of the Revised Code,	7511
provided that the director shall not thereby incur indebtedness of	7512
or impose liability upon the state or any political subdivision.	7513

Sec. 122.33. The director of development services shall	7514
administer the following programs:	7515

(A) The industrial technology and enterprise development	7516
grant program, to provide capital to acquire, construct, enlarge,	7517
improve, or equip and to sell, lease, exchange, and otherwise	7518
dispose of property, structures, equipment, and facilities within	7519
the state.	7520

Such funding may be made to enterprises that propose to	7521
develop new products or technologies when the director finds all	7522
of the following factors to be present:	7523

(1) The undertaking will benefit the people of the state by	7524
creating or preserving jobs and employment opportunities or	7525
improving the economic welfare of the people of the state, and	7526
promoting the development of new technology.	7527

(2) There is reasonable assurance that the potential	7528
royalties to be derived from the sale of the product or process	7529
described in the proposal will be sufficient to repay the funding	7530
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	7531
Code and that, in making the agreement, as it relates to patents,	7532
copyrights, and other ownership rights, there is reasonable	7533
assurance that the resulting new technology will be utilized to	7534
the maximum extent possible in facilities located in Ohio.	7535

(3) The technology and research to be undertaken will allow	7536
enterprises to compete more effectively in the marketplace. Grants	7537
of capital may be in such form and conditioned upon such terms as	7538
the ~~board~~director deems appropriate.	7539

(B) The industrial technology and enterprise resources	7540
program to provide for the collection, dissemination, and exchange	7541
of information regarding equipment, facilities, and business	7542
planning consultation resources available in business, industry,	7543
and educational institutions and to establish methods by which	7544
small businesses may use available facilities and resources. The	7545
methods may include, but need not be limited to, leases	7546
reimbursing the educational institutions for their actual costs	7547
incurred in maintaining the facilities and agreements assigning	7548
royalties from development of successful products or processes	7549
through the use of the facilities and resources. The director	7550
shall operate this program in conjunction with the board of	7551
regents.	7552

(C) The Thomas Alva Edison grant program to provide grants to	7553
foster research, development, or technology transfer efforts	7554
involving enterprises and educational institutions that will lead	7555
to the creation of jobs. The director may utilize the Edison	7556
center network in carrying out the goals and objectives of this	7557
program. For the purposes of this division, "Edison center	7558
network" means the six cooperative research and development	7559
facilities in this state that receive funding under this division,	7560
are nonprofit organizations, have been in existence at least	7561
eighteen years as of the effective date of this amendment, and	7562
have experience in delivering manufacturing extension partnership	7563
program services to companies in this state.	7564

(1) Grants may be made to a nonprofit organization or a	7565
public or private educational institution, department, college,	7566
institute, faculty member, or other administrative subdivision or	7567
related entity of an educational institution when the director	7568
finds that the undertaking will benefit the people of the state by	7569
supporting research in advanced technology areas likely to improve	7570
the economic welfare of the people of the state through promoting	7571
the development of new commercial technology.	7572

(2) Grants may be made in a form and conditioned upon terms	7573
as the director considers appropriate.	7574

(3) Grants made under this program shall in all instances be	7575
in conjunction with a contribution to the project by a cooperating	7576
enterprise which maintains or proposes to maintain a relevant	7577
research, development, or manufacturing facility in the state, by	7578
a nonprofit organization, or by an educational institution or	7579
related entity; however, funding provided by an educational	7580
institution or related entity shall not be from general revenue	7581
funds appropriated by the Ohio general assembly. No grant made	7582
under this program shall exceed the contribution made by the	7583
cooperating enterprise, nonprofit organization, or educational	7584
institution or related entity. The director may consider	7585
cooperating contributions in the form of state of the art new	7586
equipment or in other forms provided the director determines that	7587
the contribution is essential to the successful implementation of	7588
the project. The director may adopt rules or guidelines for the	7589
valuation of contributions of equipment or other property.	7590

(4) The director may determine fields of research from which	7591
grant applications will be accepted under this program.	7592

Sec. 122.34. The exercise of the powers granted by sections	7593
122.28 and 122.30 to 122.36 of the Revised Code will be in all	7594
respects for the benefit of the people of the state, for the	7595
improvement of commerce and prosperity, improvement of employment	7596
conditions, and will constitute the performance of essential	7597
governmental functions.	7598

Sec. 122.35. All moneys received under sections 122.28 and	7599
122.30 to 122.36 of the Revised Code are trust funds to be held	7600
and applied solely as provided in those sections and section	7601
166.03 of the Revised Code. All moneys, except when deposited with	7602
the treasurer of the state, shall be kept and secured in	7603
depositories as selected by the director of development services	7604
in the manner provided in sections 135.01 to 135.21 of the Revised	7605
Code, insofar as those sections are applicable. All moneys held by	7606
the director in trust to carry out the purposes of sections 122.28	7607
and 122.30 to 122.36 of the Revised Code shall be used as provided	7608
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	7609
no time be part of other public funds.	7610

Sec. 122.36. Any materials or data submitted to, made	7611
available to, or received by the director of development~~, the~~	7612
~~industrial technology and enterprise advisory council,~~services or	7613
the controlling board, to the extent that the material or data	7614
consist of trade secrets, as defined in section 1333.61 of the	7615
Revised Code, or commercial or financial information, regarding	7616
projects are not public records for the purposes of section 149.43	7617
of the Revised Code.	7618

Sec. 122.58. Moneys in the funds established pursuant to	7619
Chapter 122. of the Revised Code, except as otherwise provided in	7620
any proceedings authorizing revenue bonds or in any trust	7621
agreement securing such bonds, in excess of current needs, may be	7622
invested in notes, bonds, or other obligations which are direct	7623
obligations of or are guaranteed by the United States, in	7624
certificates of deposit or other withdrawable accounts of banks,	7625
trust companies, and building and loan or savings and loan	7626
associations organized under the laws of the state or the United	7627
States, or in the manner provided in any agreement entered into	7628
pursuant to section 169.05 of the Revised Code.	7629

Income from all such investments of moneys in any fund shall	7630
be credited to such funds as the director of development	7631
determines subject to the provisions of any bond issuance	7632
proceedings or trust agreement, and such investments may be sold	7633
at such time as the director shall determine, provided	7634
certificates of deposit or other withdrawable accounts may be sold	7635
only in accordance with division (B) of section 169.05 or	7636
divisions ~~(D) and~~ (E) and (F) of section 169.08 of the Revised	7637
Code.	7638

Sec. 122.657. For the purposes of sections 122.65 to 122.658	7639
of the Revised Code, the director of development shall establish	7640
policies and requirements regarding all of the following:	7641

(A) The form and content of applications for grants or loans	7642
from the clean Ohio revitalization fund under section 122.652 of	7643
the Revised Code. The policies and requirements shall require that	7644
each application include, at a minimum, all of the following:	7645

(1) The name, address, and telephone number of the applicant;

7646

(2) The legal description of the property for which the grant	7647
or loan is requested;	7648

(3) A summary description of the hazardous substances or	7649
petroleum present at the brownfield and a certified copy of the	7650
results of an assessment;	7651

(4) A detailed explanation of the proposed cleanup or	7652
remediation of the brownfield, including an identification of the	7653
applicable cleanup standards, and a detailed description of the	7654
proposed use of the brownfield after completion of the cleanup or	7655
remediation;	7656

(5) An estimate of the total cost to clean up or remediate	7657
the brownfield in order to comply with the applicable cleanup	7658
standards. The total cost shall include the cost of employing a	7659
certified professional under section 122.654 of the Revised Code.	7660

(6) A detailed explanation of the portion of the estimated	7661
total cost of the cleanup or remediation of the brownfield that	7662
the applicant proposes to provide as required under sections	7663
122.653 and 122.658 of the Revised Code and financial records	7664
supporting the proposal;	7665

(7) A certified copy of a resolution or ordinance approving	7666
the project that the applicant shall obtain from the board of	7667
township trustees of the township or the legislative authority of	7668
the municipal corporation in which the property is located,	7669
whichever is applicable;	7670

(8) A description of the estimated economic benefit that will	7671
result from a cleanup or remediation of the brownfield;	7672

(9) An application summary for purposes of review by an	7673
integrating committee or, if applicable, the executive committee	7674
of an integrating committee under division (B) of section 122.652	7675
of the Revised Code;	7676

(10) With respect to applications for loans, information	7677
demonstrating that the applicant will implement a financial	7678
management plan that includes, without limitation, provisions for	7679
the satisfactory repayment of the loan;	7680

(11) Any other provisions that the director determines should	7681
be included in an application.	7682

(B) Procedures for conducting public meetings and providing	7683
public notice under division (A) of section 122.652 of the Revised	7684
Code;	7685

(C) Criteria to be used by integrating committees or, if	7686
required under division (C) of section 122.652 of the Revised	7687
Code, executive committees of integrating committees when	7688
prioritizing projects under division (B) of section 122.652 of the	7689
Revised Code. The policies and requirements also shall establish	7690
procedures that integrating committees or, if required under	7691
division (C) of section 122.652 of the Revised Code, executive	7692
committees of integrating committees shall use in applying the	7693
criteria.	7694

(D) A selection process that provides for the prioritization	7695
of brownfield cleanup or remediation projects for which grant or	7696
loan applications are submitted under section 122.652 of the	7697
Revised Code. The policies and requirements shall require the	7698
selection process to give priority to projects in which the	7699
post-cleanup or remediation use will be for a combination of	7700
residential, commercial, or industrial purposes, which may include	7701
the conversion of a portion of a brownfield to a recreation, park,	7702
or natural area that is integrated with the residential,	7703
commercial, or industrial use of the brownfield after cleanup or	7704
remediation, or will incorporate projects that are funded by	7705
grants awarded under sections 164.20 to 164.27 of the Revised	7706
Code. The policies and requirements shall require the selection	7707
process to incorporate and emphasize all of the following factors:	7708

(1) The potential economic benefit that will result from the	7709
cleanup or remediation of a brownfield;	7710

(2) The potential environmental improvement that will result	7711
from the cleanup or remediation of a brownfield;	7712

(3) The amount and nature of the match provided by an	7713
applicant as required under sections 122.653 and 122.658 of the	7714
Revised Code;	7715

(4) Funding priorities recommended by integrating committees	7716
or, if required under division (C) of section 122.652 of the	7717
Revised Code, executive committees of integrating committees under	7718
division (B) of section 122.652 of the Revised Code;	7719

(5) The potential benefit to low-income communities,	7720
including minority communities, that will result from the cleanup	7721
or remediation of a brownfield;	7722

(6) Any other factors that the director considers	7723
appropriate.	7724

(E) The development of criteria that the director shall use	7725
when awarding grants under section 122.656 of the Revised Code.	7726
The criteria shall give priority to public health projects. In	7727
addition, the director, in consultation with the director of	7728
environmental protection, shall establish policies and	7729
requirements that require the criteria to include a public health	7730
project selection process that incorporates and emphasizes all of	7731
the following factors:	7732

(1) The potential environmental improvement that will result	7733
from the cleanup or remediation;	7734

(2) The ability of an applicant to access the property for	7735
purposes of the cleanup or remediation;	7736

(3) The name and qualifications of the cleanup or remediation	7737
contractor;	7738

(4) Any other factors that the director of development	7739
considers appropriate.	7740

The director of development may develop any other policies	7741
and requirements that the director determines are necessary for	7742
the administration of section 122.656 of the Revised Code.	7743

(F) The development of a brownfield cleanup and remediation	7744
oversight program to ensure compliance with sections 122.65 to	7745
122.658 of the Revised Code and policies and requirements	7746
established under this section. The policies and requirements	7747
shall require the program to include, at a minimum, both of the	7748
following:	7749

(1) Procedures for the accounting of invoices and receipts	7750
and any other documents that are necessary to demonstrate that a	7751
cleanup or remediation was properly performed;	7752

(2) Procedures that are necessary to provide a detailed	7753
explanation of the status of the property five years after the	7754
completed cleanup or remediation.	7755

(G) A delineation of what constitutes administrative costs	7756
for purposes of divisions (D) and (F) of section 122.658 of the	7757
Revised Code;	7758

(H) Procedures and requirements for making loans and loan	7759
agreements that include at least all of the following:	7760

(1) Not more than fifteen per cent of moneys annually	7761
allocated to the clean Ohio revitalization fund shall be used for	7762
loans.	7763

(2) The loans shall be made at or below market rates of	7764
interest, including, without limitation, interest-free loans.	7765

(3) The recipient of a loan shall identify a source of	7766
security and a source of repayment of the loan.	7767

(4) ~~All payments of principal and interest on a loan shall be~~	7768
~~deposited in the state treasury and credited to the clean Ohio~~	7769
~~revitalization revolving loan fund.~~	7770

~~(5)~~ The clean Ohio council may accept notes and other forms	7771
of obligation to evidence indebtedness, accept mortgages, liens,	7772
pledges, assignments, and other security interests to secure such	7773
indebtedness, and take any actions that are considered by the	7774
council to be appropriate to protect such security and safeguard	7775
against losses, including, without limitation, foreclosure and	7776
bidding on the purchase of property upon foreclosure or other	7777
sale.	7778

(I) Any other policies and requirements that the director	7779
determines are necessary for the administration of sections 122.65	7780
to 122.658 of the Revised Code.	7781

Sec. 122.658. (A) The clean Ohio revitalization fund is	7782
hereby created in the state treasury. The fund shall consist of	7783
moneys credited to it pursuant to section 151.40 of the Revised	7784
Code. Moneys in the fund shall be used to make grants or loans for	7785
projects that have been approved by the clean Ohio council in	7786
accordance with section 122.653 of the Revised Code, except that	7787
the council annually shall devote twenty per cent of the net	7788
proceeds of obligations deposited in the clean Ohio revitalization	7789
fund for the purposes of section 122.656 of the Revised Code.	7790

Moneys in the clean Ohio revitalization fund may be used to	7791
pay reasonable costs incurred by the department of development and	7792
the environmental protection agency in administering sections	7793
122.65 to 122.658 of the Revised Code. All investment earnings of	7794
the fund shall be credited to the fund. Investment earnings	7795
credited to the clean Ohio revitalization fund may be used to pay	7796
costs incurred by the department of development and the	7797
environmental protection agency pursuant to sections 122.65 to	7798
122.658 of the Revised Code.	7799

The department of development shall administer the clean Ohio	7800
revitalization fund in accordance with this section, policies and	7801
requirements established under section 122.657 of the Revised	7802
Code, and the terms of agreements entered into by the council	7803
under section 122.653 of the Revised Code.	7804

(B) Grants awarded and loans made under section 122.653 of	7805
the Revised Code shall provide not more than seventy-five per cent	7806
of the estimated total cost of a project. A grant or loan to any	7807
one project shall not exceed three million dollars. An applicant	7808
shall provide at least twenty-five per cent of the estimated total	7809
cost of a project. The applicant's share may consist of one or a	7810
combination of any of the following:	7811

(1) Payment of the cost of acquiring the property for the	7812
purposes of sections 122.65 to 122.658 of the Revised Code;	7813

(2) Payment of the reasonable cost of an assessment at the	7814
property;	7815

(3) The reasonable value, as determined by the council, of	7816
labor and materials that will be contributed by the applicant in	7817
performing the cleanup or remediation;	7818

(4) Moneys received by the applicant in any form for use in	7819
performing the cleanup or remediation;	7820

(5) Loans secured by the applicant for the purpose of the	7821
cleanup or remediation of the brownfield.	7822

Costs that were incurred more than two years prior to the	7823
submission of an application to the clean Ohio council for the	7824
acquisition of property, assessments, and labor and materials	7825
shall not be used as part of the applicant's matching share.	7826

(C) The department of development shall not make any payment	7827
to an applicant from the clean Ohio revitalization fund to pay	7828
costs of the applicant that were not included in an application	7829
for a grant or loan under section 122.653 of the Revised Code or	7830
that exceed the amount of the estimated total cost of the project	7831
included in the application. If, upon completion of a project, the	7832
costs of the project are less than the amounts included in the	7833
application, the amounts included in the application less the	7834
amounts of the actual costs of the project shall be credited to	7835
the clean Ohio revitalization fund. However, the amounts credited	7836
shall be equivalent in percentage to the percentage of the costs	7837
of the project that were to be funded by the grant or loan from	7838
the fund.	7839

(D) Grants awarded or loans made under section 122.653 of the	7840
Revised Code from the clean Ohio revitalization fund shall be used	7841
by an applicant only to pay the costs of the actual cleanup or	7842
remediation of a brownfield and shall not be used by an applicant	7843
to pay any administrative costs incurred by the applicant. Costs	7844
related to the use of a certified professional for purposes of	7845
section 122.654 of the Revised Code are not administrative costs	7846
and may be paid with moneys from grants awarded or loans made	7847
under section 122.653 of the Revised Code.	7848

(E) The portion of net proceeds of obligations devoted under	7849
division (A) of this section for the purposes of section 122.656	7850
of the Revised Code shall be used to make grants for assessments,	7851
cleanup or remediation of brownfields, and public health projects	7852
that have been approved by the director of development under that	7853
section. The department of development shall administer section	7854
122.656 of the Revised Code in accordance with this section,	7855
policies and requirements established under section 122.657 of the	7856
Revised Code, and the terms of agreements entered into by the	7857
director under section 122.656 of the Revised Code. The director	7858
shall not grant more than twenty-five million dollars for public	7859
health projects under section 122.656 of the Revised Code.	7860

(F) Grants awarded under section 122.656 of the Revised Code	7861
shall be used by an applicant only to pay the costs of actually	7862
conducting an assessment, a cleanup or remediation of a	7863
brownfield, or a public health project and shall not be used by an	7864
applicant to pay any administrative costs incurred by the	7865
applicant. Costs related to the use of a certified professional	7866
for purposes of section 122.654 of the Revised Code are not	7867
administrative costs and may be paid with moneys from grants	7868
awarded under section 122.656 of the Revised Code.	7869

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	7870
~~hereby created in the state treasury. Payments of principal and~~	7871
~~interest on loans made from the clean Ohio revitalization fund~~	7872
~~shall be credited to this revolving loan fund, as shall payments~~	7873
~~of principal and interest on loans made from the revolving loan~~	7874
~~fund itself. The revolving loan fund's investment earnings shall~~	7875
~~be credited to it.~~	7876

~~(2) The clean Ohio revitalization revolving loan fund shall~~	7877
~~be used to make loans for the same purposes and subject to the~~	7878
~~same policies, requirements, criteria, and application procedures~~	7879
~~as loans made from the clean Ohio revitalization fund.~~	7880

Sec. 122.66. As used in sections 122.66 to 122.702 of the	7881
Revised Code:	7882

(A) "Poverty line" means the official poverty line	7883
established by the director of the United States office of	7884
management and budget and as revised by the ~~director~~secretary of	7885
~~the office of community~~health and human services in accordance	7886
with section 673(2) of the "Community Services Block Grant Act,"	7887
95 Stat. 1609, 42 U.S.C.A. 9902.	7888

(B) "Low-income person" means a person whose adjusted gross	7889
income as defined in division (A) of section 5747.01 of the	7890
Revised Code is below the poverty line as defined in division (A)	7891
of this section.	7892

(C) "Advocacy" means the act of pleading for, supporting, or	7893
recommending actions on behalf of low-income persons.	7894

(D) "Community action agency" means a community-based and	7895
operated private nonprofit agency or organization that includes or	7896
is designed to include a sufficient number of projects or	7897
components to provide a range of services and activities having a	7898
measurable and potentially major impact on the causes of poverty	7899
in the community or those areas of the community where poverty is	7900
a particularly acute problem and is designated as a community	7901
action agency by the ~~office of~~ community services division	7902
pursuant to sections 122.68 and 122.69 of the Revised Code.	7903

(E) "Community" means a city, village, county, multicity or	7904
multicounty unit, a neighborhood or other area, disregarding	7905
boundaries or political subdivisions, which provides a suitable	7906
organizational base and possesses a commonality of needs and	7907
interests for a community action program suitable to be served by	7908
a community action agency.	7909

(F) "Service area" means the geographical area served by a	7910
community action agency.	7911

Sec. 122.67. There is hereby created in the ~~department of~~	7912
development services agency the ~~office of~~ community services	7913
division. The director of development services shall employ and	7914
fix the compensation of professional and technical unclassified	7915
personnel as necessary to carry out the provisions of sections	7916
122.66 to 122.701 of the Revised Code.	7917

Sec. 122.68. The ~~office of~~ community services division	7918
shall:	7919

(A) Administer all federal funds appropriated to the state	7920
from the "Community Services Block Grant Act," 95 Stat. 511, 42	7921
U.S.C.A. 9901, and comply with requirements imposed by that act in	7922
its application for, and administration of, the funds;	7923

(B) Designate community action agencies to receive community	7924
services block grant funds;	7925

(C) Disburse at least ninety-five per cent or such other	7926
higher maximum amount as may from time to time be designated by	7927
congress of the funds received in the state from the "Community	7928
Services Block Grant Act" to community action agencies that comply	7929
with the requirements of section 122.69 of the Revised Code and	7930
migrant and seasonal farm worker organizations that are not	7931
designated community action agencies but which provide the	7932
services described in division (B)(1) of section 122.69 of the	7933
Revised Code.	7934

(D) Provide technical assistance to community action agencies	7935
to improve program planning, development, and administration;	7936

(E) Conduct yearly performance assessments, according to	7937
criteria determined by ~~department of~~ development services agency	7938
rule, to determine whether community action agencies are in	7939
compliance with section 122.69 of the Revised Code;	7940

(F) Annually prepare and submit to the United States	7941
secretary of health and human services, the governor, the	7942
president of the Ohio senate, and the speaker of the Ohio house of	7943
representatives, a comprehensive report that includes:	7944

(1) Certification that all community action agencies	7945
designated to receive funds from the "Community Services Block	7946
Grant Act" are in compliance with section 122.69 of the Revised	7947
Code;	7948

(2) A program plan for the next federal fiscal year that has	7949
been made available for public inspection and that details how	7950
community services block grant funds will be disbursed and used	7951
during that fiscal year;	7952

(3) Information detailing how funds were expended for the	7953
current fiscal year;	7954

(4) An audit of community services block grant expenditures	7955
for the preceding federal fiscal year that is conducted in	7956
accordance with generally accepted accounting principles by an	7957
independent auditing firm that has no connection with any	7958
community action agency receiving community services block grant	7959
funds or with any employee of the ~~office~~division.	7960

(G) Serve as a statewide advocate for social and economic	7961
opportunities for low-income persons.	7962

Sec. 122.681. (A) Except as permitted by this section, or	7963
when required by federal law, no person or government entity shall	7964
solicit, release, disclose, receive, use, or knowingly permit or	7965
participate in the use of any information regarding an individual	7966
receiving assistance pursuant to a community services division	7967
program under sections 122.66 to 122.702 of the Revised Code for	7968
any purpose not directly related to the administration of a	7969
division assistance program.	7970

(B) To the extent permitted by federal law, the division, and	7971
any entity that receives division funds to administer a division	7972
program to assist individuals, shall release information regarding	7973
an individual assistance recipient to the following:	7974

(1) A government entity responsible for administering the	7975
assistance program for purposes directly related to the	7976
administration of the program;	7977

(2) A law enforcement agency for the purpose of any	7978
investigation, prosecution, or criminal or civil proceeding	7979
relating to the administration of the assistance program;	7980

(3) A government entity responsible for administering a	7981
children's protective services program, for the purpose of	7982
protecting children.	7983

(C) To the extent permitted by federal law and section	7984
1347.08 of the Revised Code, the division, and any entity	7985
administering a division program, shall provide access to	7986
information regarding an individual assistance recipient to all of	7987
the following:	7988

(1) The individual assistance recipient;

7989

(2) The authorized representative of the individual	7990
assistance recipient;	7991

(3) The legal guardian of the individual assistance	7992
recipient;	7993

(4) The attorney of the individual assistance recipient.

7994

(D) To the extent permitted by federal law, the division, and	7995
any entity administering a division program, may do either of the	7996
following:	7997

(1) Release information about an individual assistance	7998
recipient if the recipient gives voluntary, written authorization;	7999

(2) Release information regarding an individual assistance	8000
recipient to a state, federal, or federally assisted program that	8001
provides cash or in-kind assistance or services directly to	8002
individuals based on need.	8003

(E) The community services division, or an entity	8004
administering a division program, shall provide, at no cost, a	8005
copy of each written authorization to the individual who signed	8006
it.	8007

(F) The development services agency may adopt rules defining	8008
who may serve as an individual assistance recipient's authorized	8009
representative for purposes of division (C)(2) of this section.	8010

Sec. 122.69. (A) Any nonprofit agency or organization	8011
seeking designation as a community action agency by the ~~office of~~	8012
community services division shall obtain the endorsement of the	8013
chief elected officials of at least two-thirds of the municipal	8014
corporations and the counties within the community to be served by	8015
the agency or organization.	8016

(B) Any nonprofit agency or organization that receives the	8017
endorsement provided for in division (A) of this section shall be	8018
designated by the ~~office~~division as the community action agency	8019
for the community it serves and shall receive community services	8020
block grant funds for any period of time that the nonprofit agency	8021
or organization:	8022

(1) Provides a range of services and opportunities having a	8023
measurable and potentially major impact on the causes of poverty	8024
in the community or those areas of the community where poverty is	8025
a particularly acute problem. These activities may include but	8026
shall not be limited to:	8027

(a) Providing activities designed to assist low-income	8028
persons, including elderly and handicapped low-income persons, to:	8029

(i) Secure and maintain meaningful employment, training, work	8030
experience, and unsubsidized employment;	8031

(ii) Attain an adequate education;

8032

(iii) Make better use of available income;

8033

(iv) Obtain and maintain adequate housing and a suitable	8034
living environment;	8035

(v) Obtain emergency assistance through loans or grants to	8036
meet immediate and urgent individual and family needs, including	8037
the need for health services, nutritious food, housing, and	8038
employment-related assistance;	8039

(vi) Remove obstacles and solve personal and family problems	8040
that block the achievement of self-sufficiency;	8041

(vii) Achieve greater participation in the affairs of the	8042
community;	8043

(viii) Undertake family planning, consistent with personal	8044
and family goals and religious and moral convictions;	8045

(ix) Obtain energy assistance, conservation, and	8046
weatherization services.	8047

(b) Providing, on an emergency basis, supplies and services,	8048
nutritious foodstuffs, and related services necessary to	8049
counteract conditions of starvation and malnutrition among	8050
low-income persons;	8051

(c) Coordinating and establishing links between government	8052
and other social services programs to assure the effective	8053
delivery of services to low-income individuals;	8054

(d) Providing child care services, nutrition and health	8055
services, transportation services, alcoholism and narcotic	8056
addiction prevention and rehabilitation services, youth	8057
development services, and community services to elderly and	8058
handicapped persons;	8059

(e) Encouraging entities in the private sector to participate	8060
in efforts to ameliorate poverty in the community.	8061

(2) Annually submits to the ~~office of community services~~	8062
division a program plan and budget for use of community services	8063
block grant funds for the next federal fiscal year. At least ten	8064
days prior to its submission to the ~~office of community services~~	8065
division, a copy of the program plan and budget shall be made	8066
available to the chief elected officials of the municipal	8067
corporations and counties within the service area in order to	8068
provide them the opportunity to review and comment upon such plan	8069
and budget.	8070

(3) Composes its board of directors in compliance with	8071
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	8072
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	8073
shall consist of not less than fifteen nor more than thirty-three	8074
members;	8075

(4) Complies with the prohibitions against discrimination and	8076
political activity, as provided in the "Community Services Block	8077
Grant Act";	8078

(5) Complies with fiscal and program requirements established	8079
by ~~department of~~ development services agency rule.	8080

Sec. 122.70. The board of directors of a community action	8081
agency shall:	8082

(A) Select, appoint, and may remove the executive director of	8083
the community action agency;	8084

(B) Approve contracts, annual program budgets, and policies	8085
of the community action agency;	8086

(C) Advise the elected officials of any political subdivision	8087
located within its service area, and state and federal elected	8088
officials who represent its service area, of the nature and extent	8089
of poverty within its community, and advise them of any needed	8090
changes;	8091

(D) Convene public meetings to provide community members the	8092
opportunity to comment on public policies and programs to reduce	8093
poverty;	8094

(E) Annually evaluate the policies and programs of the	8095
community action agency according to criteria determined by	8096
~~department of~~ development services agency rule;	8097

(F) Submit the results of the evaluation required by division	8098
(E) of this section, along with recommendations for improved	8099
administration of the community action agency, to the ~~office of~~	8100
community services division;	8101

(G) Adopt a code of ethics for the board of directors and the	8102
employees of the community action agency;	8103

(H) Adopt written policies describing all of the following:

8104

(1) How the community action agency is to expend and	8105
distribute the community services block grant funds that it	8106
receives from the ~~office of community services~~division under	8107
sections 122.68 and 122.69 of the Revised Code;	8108

(2) The salary, benefits, travel expenses, and any other	8109
compensation that persons are to receive for serving on the	8110
community action agency's board of directors;	8111

(3) The operating procedures to be used by the board to	8112
conduct its meetings, to vote on all official business it	8113
considers, and to provide notice of its meetings.	8114

(I) Provide for the posting of notices in a conspicuous place	8115
indicating that the code of ethics described in division (G) of	8116
this section and the policies described in division (H) of this	8117
section are available for public inspection at the community	8118
action agency during normal business hours.	8119

Sec. 122.701. (A) Prior to designating a new community	8120
action agency or rescinding a community action agency's	8121
designation, the ~~office of~~ community services division shall:	8122

(1) Determine whether a community action agency is in	8123
compliance with section 122.69 of the Revised Code;	8124

(2) Consult with the chief elected officials of political	8125
subdivisions located within a community action agency's service	8126
area, and, in designating a new community action agency, obtain	8127
their endorsement of the agency in accordance with division (A) of	8128
section 122.69 of the Revised Code;	8129

(3) Hold at least one public meeting within a community	8130
action agency's service area for the purpose of allowing citizens	8131
to comment on the community action agency's delivery of services;	8132

(4) Evaluate the proposed service area of the community	8133
action agency, and, as may be necessary, modify the boundaries of	8134
the service area so that low-income persons in the area are	8135
adequately and efficiently served.	8136

(B) After providing notice and hearing pursuant to sections	8137
119.01 to 119.13 of the Revised Code, the director of development	8138
services:	8139

(1) May rescind the designation of a community action agency	8140
~~if he finds~~after finding that the agency is not in compliance	8141
with any or all of the provisions of section 122.69 of the Revised	8142
Code;	8143

(2) Shall rescind the designation of a community action	8144
agency upon notification from the chief elected officials of more	8145
than one-half of the municipal corporations and the counties	8146
within a community currently served by a community action agency	8147
that such agency is not endorsed by them and ~~upon a~~after finding	8148
~~by him~~ that the agency is not in compliance with section 122.69 of	8149
the Revised Code.	8150

Any agency whose designation is rescinded pursuant to this	8151
section may appeal from an order rescinding such designation	8152
pursuant to section 119.12 of the Revised Code.	8153

Sec. 122.76. (A) The director of development services, with	8154
controlling board approval, may lend funds to minority business	8155
enterprises and to community improvement corporations, Ohio	8156
development corporations, minority contractors business assistance	8157
organizations, and minority business supplier development councils	8158
for the purpose of loaning funds to minority business enterprises	8159
~~and~~, for the purpose of procuring or improving real or personal	8160
property, or both, for the establishment, location, or expansion	8161
of industrial, distribution, commercial, or research facilities in	8162
the state, and for the purpose of contract financing, and to	8163
community development corporations that predominantly benefit	8164
minority business enterprises or are located in a census tract	8165
that has a population that is sixty per cent or more minority, if	8166
the director determines, in the director's sole discretion, that	8167
all of the following apply:	8168

(1) The project is economically sound and will benefit the	8169
people of the state by increasing opportunities for employment, by	8170
strengthening the economy of the state, or expanding minority	8171
business enterprises.	8172

(2) The proposed minority business enterprise borrower is	8173
unable to finance the proposed project through ordinary financial	8174
channels at comparable terms.	8175

(3) The value of the project is or, upon completion, will be	8176
at least equal to the total amount of the money expended in the	8177
procurement or improvement of the project.	8178

(4) The amount to be loaned by the director will not exceed	8179
seventy-five per cent of the total amount expended in the	8180
procurement or improvement of the project.	8181

(5) The amount to be loaned by the director will be	8182
adequately secured by a first or second mortgage upon the project	8183
or by mortgages, leases, liens, assignments, or pledges on or of	8184
other property or contracts as the director requires, and such	8185
mortgage will not be subordinate to any other liens or mortgages	8186
except the liens securing loans or investments made by financial	8187
institutions referred to in division (A)(3) of this section, and	8188
the liens securing loans previously made by any financial	8189
institution in connection with the procurement or expansion of all	8190
or part of a project.	8191

(B) Any proposed minority business enterprise borrower	8192
submitting an application for assistance under this section shall	8193
not have defaulted on a previous loan from the director, and no	8194
full or limited partner, major shareholder, or holder of an equity	8195
interest of the proposed minority business enterprise borrower	8196
shall have defaulted on a loan from the director.	8197

(C) The proposed minority business enterprise borrower shall	8198
demonstrate to the satisfaction of the director that it is able to	8199
successfully compete in the private sector if it obtains the	8200
necessary financial, technical, or managerial support and that	8201
support is available through the director, the minority business	8202
development office of the ~~department of~~ development services	8203
agency, or other identified and acceptable sources. In determining	8204
whether a minority business enterprise borrower will be able to	8205
successfully compete, the director may give consideration to such	8206
factors as the successful completion of or participation in	8207
courses of study, recognized by the board of regents as providing	8208
financial, technical, or managerial skills related to the	8209
operation of the business, by the economically disadvantaged	8210
individual, owner, or partner, and the prior success of the	8211
individual, owner, or partner in personal, career, or business	8212
activities, as well as to other factors identified by the	8213
director.	8214

(D) The director shall not lend funds for the purpose of	8215
procuring or improving motor vehicles or accounts receivable.	8216

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

8217

(1) "Certified engine configuration" means a new, rebuilt, or	8218
remanufactured engine configuration that satisfies divisions	8219
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	8220
section:	8221

(a) It has been certified by the administrator of the United	8222
States environmental protection agency or the California air	8223
resources board.	8224

(b) It meets or is rebuilt or remanufactured to a more	8225
stringent set of engine emission standards than when originally	8226
manufactured, as determined pursuant to Subtitle G of Title VII of	8227
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	8228
et seq.	8229

(c) In the case of a certified engine configuration involving	8230
the replacement of an existing engine, an engine configuration	8231
that replaced an engine that was removed from the vehicle and	8232
returned to the supplier for remanufacturing to a more stringent	8233
set of engine emissions standards or for scrappage.	8234

(2) "Section 793" means section 793 of the Energy Policy Act	8235
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	8236

(3) "Verified technology" means a pollution control	8237
technology, including a retrofit technology, advanced truckstop	8238
electrification system, or auxiliary power unit, that has been	8239
verified by the administrator of the United States environmental	8240
protection agency or the California air resources board.	8241

(B) For the purpose of reducing emissions from diesel	8242
engines, the director of environmental protection shall administer	8243
a diesel emissions reduction grant program and a diesel emissions	8244
reduction revolving loan program. The programs shall provide for	8245
the implementation in this state of section 793 and shall	8246
otherwise be administered in compliance with the requirements of	8247
section 793, and any regulations issued pursuant to that section.	8248

The director shall apply to the administrator of the United	8249
States environmental protection agency for grant or loan funds	8250
available under section 793 to help fund the diesel emissions	8251
reduction grant program and the diesel emissions reduction	8252
revolving loan program.	8253

(C) ~~There is hereby created in the state treasury the diesel~~	8254
~~emissions grant fund consisting of money appropriated to it by the~~	8255
~~general assembly, any grants obtained from the federal government~~	8256
~~under section 793, and any other grants, gifts, or other~~	8257
~~contributions of money made to the credit of the fund. Money in~~	8258
~~the fund shall be used for the purpose of making grants for~~	8259
~~projects relating to certified engine configurations and verified~~	8260
~~technologies in a manner consistent with the requirements of~~	8261
~~section 793 and any regulations issued under that section.~~	8262
~~Interest earned from moneys in the fund shall be used to~~	8263
~~administer the diesel emissions reduction grant program.~~	8264

~~(D)~~ There is hereby created in the state treasury the diesel	8265
emissions reduction revolving loan fund consisting of money	8266
appropriated to it by the general assembly, any grants obtained	8267
from the federal government under section 793, and any other	8268
grants, gifts, or other contributions of money made to the credit	8269
of the fund. Money in the fund shall be used for the purpose of	8270
making loans for projects relating to certified engine	8271
configurations and verified technologies in a manner consistent	8272
with the requirements of section 793 and any regulations issued	8273
pursuant to that section. Interest earned from moneys in the fund	8274
shall be used to administer the diesel emissions reduction	8275
revolving loan program.	8276

Sec. 123.01. (A) The department of administrative services,	8277
in addition to those powers enumerated in Chapters 124. and 125.	8278
of the Revised Code and provided elsewhere by law, shall exercise	8279
the following powers:	8280

(1) To prepare and suggest comprehensive plans for the	8281
development of grounds and buildings under the control of a state	8282
agency;	8283

(2) To acquire, by purchase, gift, devise, lease, or grant,	8284
all real estate required by a state agency, in the exercise of	8285
which power the department may exercise the power of eminent	8286
domain, in the manner provided by sections 163.01 to 163.22 of the	8287
Revised Code;	8288

(3) To erect, supervise, and maintain all public monuments	8289
and memorials erected by the state, except where the supervision	8290
and maintenance is otherwise provided by law;	8291

(4) To procure, by lease, storage accommodations for a state	8292
agency;	8293

(5) To lease or grant easements or licenses for unproductive	8294
and unused lands or other property under the control of a state	8295
agency. Such leases, easements, or licenses may be granted to any	8296
person or entity, shall be for a period not to exceed fifteen	8297
years, and shall be executed for the state by the director of	8298
administrative services, provided that the director shall grant	8299
leases, easements, or licenses of university land for periods not	8300
to exceed twenty-five years for purposes approved by the	8301
respective university's board of trustees wherein the uses are	8302
compatible with the uses and needs of the university and may grant	8303
leases of university land for periods not to exceed forty years	8304
for purposes approved by the respective university's board of	8305
trustees pursuant to section 123.17 of the Revised Code.	8306

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

8307

(7) To have general supervision and care of the storerooms,	8308
offices, and buildings leased for the use of a state agency;	8309

(8) To exercise general custodial care of all real property	8310
of the state;	8311

(9) To assign and group together state offices in any city in	8312
the state and to establish, in cooperation with the state agencies	8313
involved, rules governing space requirements for office or storage	8314
use;	8315

(10) To lease for a period not to exceed forty years,	8316
pursuant to a contract providing for the construction thereof	8317
under a lease-purchase plan, buildings, structures, and other	8318
improvements for any public purpose, and, in conjunction	8319
therewith, to grant leases, easements, or licenses for lands under	8320
the control of a state agency for a period not to exceed forty	8321
years. The lease-purchase plan shall provide that at the end of	8322
the lease period, the buildings, structures, and related	8323
improvements, together with the land on which they are situated,	8324
shall become the property of the state without cost.	8325

(a) Whenever any building, structure, or other improvement is	8326
to be so leased by a state agency, the department shall retain	8327
either basic plans, specifications, bills of materials, and	8328
estimates of cost with sufficient detail to afford bidders all	8329
needed information or, alternatively, all of the following plans,	8330
details, bills of materials, and specifications:	8331

(i) Full and accurate plans suitable for the use of mechanics	8332
and other builders in the improvement;	8333

(ii) Details to scale and full sized, so drawn and	8334
represented as to be easily understood;	8335

(iii) Accurate bills showing the exact quantity of different	8336
kinds of material necessary to the construction;	8337

(iv) Definite and complete specifications of the work to be	8338
performed, together with such directions as will enable a	8339
competent mechanic or other builder to carry them out and afford	8340
bidders all needed information;	8341

(v) A full and accurate estimate of each item of expense and	8342
of the aggregate cost thereof.	8343

(b) The department shall give public notice, in such	8344
newspaper, in such form, and with such phraseology as the director	8345
of administrative services prescribes, published once each week	8346
for four consecutive weeks, of the time when and place where bids	8347
will be received for entering into an agreement to lease to a	8348
state agency a building, structure, or other improvement. The last	8349
publication shall be at least eight days preceding the day for	8350
opening the bids. The bids shall contain the terms upon which the	8351
builder would propose to lease the building, structure, or other	8352
improvement to the state agency. The form of the bid approved by	8353
the department shall be used, and a bid is invalid and shall not	8354
be considered unless that form is used without change, alteration,	8355
or addition. Before submitting bids pursuant to this section, any	8356
builder shall comply with Chapter 153. of the Revised Code.	8357

(c) On the day and at the place named for receiving bids for	8358
entering into lease agreements with a state agency, the director	8359
of administrative services shall open the bids and shall publicly	8360
proceed immediately to tabulate the bids upon duplicate sheets. No	8361
lease agreement shall be entered into until the bureau of workers'	8362
compensation has certified that the person to be awarded the lease	8363
agreement has complied with Chapter 4123. of the Revised Code,	8364
until, if the builder submitting the lowest and best bid is a	8365
foreign corporation, the secretary of state has certified that the	8366
corporation is authorized to do business in this state, until, if	8367
the builder submitting the lowest and best bid is a person	8368
nonresident of this state, the person has filed with the secretary	8369
of state a power of attorney designating the secretary of state as	8370
its agent for the purpose of accepting service of summons in any	8371
action brought under Chapter 4123. of the Revised Code, and until	8372
the agreement is submitted to the attorney general and the	8373
attorney general's approval is certified thereon. Within thirty	8374
days after the day on which the bids are received, the department	8375
shall investigate the bids received and shall determine that the	8376
bureau and the secretary of state have made the certifications	8377
required by this section of the builder who has submitted the	8378
lowest and best bid. Within ten days of the completion of the	8379
investigation of the bids, the department shall award the lease	8380
agreement to the builder who has submitted the lowest and best bid	8381
and who has been certified by the bureau and secretary of state as	8382
required by this section. If bidding for the lease agreement has	8383
been conducted upon the basis of basic plans, specifications,	8384
bills of materials, and estimates of costs, upon the award to the	8385
builder the department, or the builder with the approval of the	8386
department, shall appoint an architect or engineer licensed in	8387
this state to prepare such further detailed plans, specifications,	8388
and bills of materials as are required to construct the building,	8389
structure, or improvement. The department shall adopt such rules	8390
as are necessary to give effect to this section. The department	8391
may reject any bid. Where there is reason to believe there is	8392
collusion or combination among bidders, the bids of those	8393
concerned therein shall be rejected.	8394

(11) To acquire by purchase, gift, devise, or grant and to	8395
transfer, lease, or otherwise dispose of all real property	8396
required to assist in the development of a conversion facility as	8397
defined in section 5709.30 of the Revised Code as that section	8398
existed before its repeal by Amended Substitute House Bill 95 of	8399
the 125th general assembly;	8400

(12) To lease for a period not to exceed forty years,	8401
notwithstanding any other division of this section, the	8402
state-owned property located at 408-450 East Town Street,	8403
Columbus, Ohio, formerly the state school for the deaf, to a	8404
developer in accordance with this section. "Developer," as used in	8405
this section, has the same meaning as in section 123.77 of the	8406
Revised Code.	8407

Such a lease shall be for the purpose of development of the	8408
land for use by senior citizens by constructing, altering,	8409
renovating, repairing, expanding, and improving the site as it	8410
existed on June 25, 1982. A developer desiring to lease the land	8411
shall prepare for submission to the department a plan for	8412
development. Plans shall include provisions for roads, sewers,	8413
water lines, waste disposal, water supply, and similar matters to	8414
meet the requirements of state and local laws. The plans shall	8415
also include provision for protection of the property by insurance	8416
or otherwise, and plans for financing the development, and shall	8417
set forth details of the developer's financial responsibility.	8418

The department may employ, as employees or consultants,	8419
persons needed to assist in reviewing the development plans. Those	8420
persons may include attorneys, financial experts, engineers, and	8421
other necessary experts. The department shall review the	8422
development plans and may enter into a lease if it finds all of	8423
the following:	8424

(a) The best interests of the state will be promoted by	8425
entering into a lease with the developer;	8426

(b) The development plans are satisfactory;

8427

(c) The developer has established the developer's financial	8428
responsibility and satisfactory plans for financing the	8429
development.	8430

The lease shall contain a provision that construction or	8431
renovation of the buildings, roads, structures, and other	8432
necessary facilities shall begin within one year after the date of	8433
the lease and shall proceed according to a schedule agreed to	8434
between the department and the developer or the lease will be	8435
terminated. The lease shall contain such conditions and	8436
stipulations as the director considers necessary to preserve the	8437
best interest of the state. Moneys received by the state pursuant	8438
to this lease shall be paid into the general revenue fund. The	8439
lease shall provide that at the end of the lease period the	8440
buildings, structures, and related improvements shall become the	8441
property of the state without cost.	8442

(13) To manage the use of space owned and controlled by the	8443
department, including space in property under the jurisdiction of	8444
the Ohio building authority, by doing all of the following:	8445

(a) Biennially implementing, by state agency location, a	8446
census of agency employees assigned space;	8447

(b) Periodically in the discretion of the director of	8448
administrative services:	8449

(i) Requiring each state agency to categorize the use of	8450
space allotted to the agency between office space, common areas,	8451
storage space, and other uses, and to report its findings to the	8452
department;	8453

(ii) Creating and updating a master space utilization plan	8454
for all space allotted to state agencies. The plan shall	8455
incorporate space utilization metrics.	8456

(iii) Conducting a cost-benefit analysis to determine the	8457
effectiveness of state-owned buildings;	8458

(iv) Assessing the alternatives associated with consolidating	8459
the commercial leases for buildings located in Columbus.	8460

(c) Commissioning a comprehensive space utilization and	8461
capacity study in order to determine the feasibility of	8462
consolidating existing commercially leased space used by state	8463
agencies into a new state-owned facility.	8464

(14) To adopt rules to ensure that energy efficiency and	8465
conservation is considered in the purchase of products and	8466
equipment, except motor vehicles, by any state agency, department,	8467
division, bureau, office, unit, board, commission, authority,	8468
quasi-governmental entity, or institution. The department may	8469
require minimum energy efficiency standards for purchased products	8470
and equipment based on federal testing and labeling if available	8471
or on standards developed by the department. When possible, the	8472
rules shall apply to the competitive selection of energy consuming	8473
systems, components, and equipment under Chapter 125. of the	8474
Revised Code.	8475

(15) To ensure energy efficient and energy conserving	8476
purchasing practices by doing all of the following:	8477

(a) Identifying available energy efficiency and conservation	8478
opportunities;	8479

(b) Providing for interchange of information among purchasing	8480
agencies;	8481

(c) Identifying laws, policies, rules, and procedures that	8482
should be modified;	8483

(d) Monitoring experience with and the cost-effectiveness of	8484
this state's purchase and use of motor vehicles and of major	8485
energy-consuming systems, components, equipment, and products	8486
having a significant impact on energy consumption by the	8487
government;	8488

(e) Providing technical assistance and training to state	8489
employees involved in the purchasing process;	8490

(f) Working with the ~~department of~~ development services	8491
agency to make recommendations regarding planning and	8492
implementation of purchasing policies and procedures that are	8493
supportive of energy efficiency and conservation.	8494

(16) To require all state agencies, departments, divisions,	8495
bureaus, offices, units, commissions, boards, authorities,	8496
quasi-governmental entities, institutions, and state institutions	8497
of higher education to implement procedures to ensure that all of	8498
the passenger automobiles they acquire in each fiscal year, except	8499
for those passenger automobiles acquired for use in law	8500
enforcement or emergency rescue work, achieve a fleet average fuel	8501
economy of not less than the fleet average fuel economy for that	8502
fiscal year as the department shall prescribe by rule. The	8503
department shall adopt the rule prior to the beginning of the	8504
fiscal year, in accordance with the average fuel economy standards	8505
established by federal law for passenger automobiles manufactured	8506
during the model year that begins during the fiscal year.	8507

Each state agency, department, division, bureau, office,	8508
unit, commission, board, authority, quasi-governmental entity,	8509
institution, and state institution of higher education shall	8510
determine its fleet average fuel economy by dividing the total	8511
number of passenger vehicles acquired during the fiscal year,	8512
except for those passenger vehicles acquired for use in law	8513
enforcement or emergency rescue work, by a sum of terms, each of	8514
which is a fraction created by dividing the number of passenger	8515
vehicles of a given make, model, and year, except for passenger	8516
vehicles acquired for use in law enforcement or emergency rescue	8517
work, acquired during the fiscal year by the fuel economy measured	8518
by the administrator of the United States environmental protection	8519
agency, for the given make, model, and year of vehicle, that	8520
constitutes an average fuel economy for combined city and highway	8521
driving.	8522

As used in division (A)(16) of this section, "acquired" means	8523
leased for a period of sixty continuous days or more, or	8524
purchased.	8525

(B) This section and section 125.02 of the Revised Code shall	8526
not interfere with any of the following:	8527

(1) The power of the adjutant general to purchase military	8528
supplies, or with the custody of the adjutant general of property	8529
leased, purchased, or constructed by the state and used for	8530
military purposes, or with the functions of the adjutant general	8531
as director of state armories;	8532

(2) The power of the director of transportation in acquiring	8533
rights-of-way for the state highway system, or the leasing of	8534
lands for division or resident district offices, or the leasing of	8535
lands or buildings required in the maintenance operations of the	8536
department of transportation, or the purchase of real property for	8537
garage sites or division or resident district offices, or in	8538
preparing plans and specifications for and constructing such	8539
buildings as the director may require in the administration of the	8540
department;	8541

(3) The power of the director of public safety and the	8542
registrar of motor vehicles to purchase or lease real property and	8543
buildings to be used solely as locations to which a deputy	8544
registrar is assigned pursuant to division (B) of section 4507.011	8545
of the Revised Code and from which the deputy registrar is to	8546
conduct the deputy registrar's business, the power of the director	8547
of public safety to purchase or lease real property and buildings	8548
to be used as locations for division or district offices as	8549
required in the maintenance of operations of the department of	8550
public safety, and the power of the superintendent of the state	8551
highway patrol in the purchase or leasing of real property and	8552
buildings needed by the patrol, to negotiate the sale of real	8553
property owned by the patrol, to rent or lease real property owned	8554
or leased by the patrol, and to make or cause to be made repairs	8555
to all property owned or under the control of the patrol;	8556

(4) The power of the division of liquor control in the	8557
leasing or purchasing of retail outlets and warehouse facilities	8558
for the use of the division;	8559

(5) The power of the director of development services to	8560
enter into leases of real property, buildings, and office space to	8561
be used solely as locations for the state's foreign offices to	8562
carry out the purposes of section 122.05 of the Revised Code;	8563

(6) The power of the director of environmental protection to	8564
enter into environmental covenants, to grant and accept easements,	8565
or to sell property pursuant to division (G) of section 3745.01 of	8566
the Revised Code.	8567

(C) Purchases for, and the custody and repair of, buildings	8568
under the management and control of the capitol square review and	8569
advisory board, the ~~rehabilitation services commission~~	8570
opportunities for Ohioans with disabilities agency, the bureau of	8571
workers' compensation, or the departments of public safety, job	8572
and family services, ~~mental health~~mental health and addiction	8573
services, developmental disabilities, and rehabilitation and	8574
correction; buildings of educational and benevolent institutions	8575
under the management and control of boards of trustees; and	8576
purchases or leases for, and the custody and repair of, office	8577
space used for the purposes of the joint legislative ethics	8578
committee are not subject to the control and jurisdiction of the	8579
department of administrative services.	8580

If the joint legislative ethics committee so requests, the	8581
committee and the director of administrative services may enter	8582
into a contract under which the department of administrative	8583
services agrees to perform any services requested by the committee	8584
that the department is authorized under this section to perform.	8585

(D) Any instrument by which real property is acquired	8586
pursuant to this section shall identify the agency of the state	8587
that has the use and benefit of the real property as specified in	8588
section 5301.012 of the Revised Code.	8589

Sec. 123.10. (A) As used in this section and section 123.11	8590
of the Revised Code, "public exigency" means an injury or	8591
obstruction that occurs in any public works of the state	8592
maintained by the director of administrative services and that	8593
materially impairs its immediate use or places in jeopardy	8594
property adjacent to it; an immediate danger of such an injury or	8595
obstruction; or an injury or obstruction, or an immediate danger	8596
of an injury or obstruction, that occurs in any public works of	8597
the state maintained by the director of administrative services	8598
and that materially impairs its immediate use or places in	8599
jeopardy property adjacent to it.	8600

(B) When a declaration of public exigency is issued pursuant	8601
to division (C) of this section, ~~the director of administrative~~	8602
~~services may request~~ the Ohio facilities construction commission	8603
toshall enter into contracts with proper persons for the	8604
performance of labor, the furnishing of materials, or the	8605
construction of any structures and buildings necessary to the	8606
maintenance, control, and management of the public works of the	8607
state or any part of those public works. Any contracts awarded for	8608
the work performed pursuant to the declaration of a public	8609
exigency may be awarded without competitive bidding or selection	8610
as set forth in Chapter 153. of the Revised Code.	8611

(C) The executive director of ~~administrative services~~the	8612
Ohio facilities construction commission may issue a declaration of	8613
a public exigency on the executive director's own initiative or	8614
upon the request of the director of any state agency. The	8615
executive director's declaration shall identify the specific	8616
injury, obstruction, or danger that is the subject of the	8617
declaration and shall set forth a dollar limitation for the	8618
repair, removal, or prevention of that exigency under the	8619
declaration.	8620

Before any project to repair, remove, or prevent a public	8621
exigency under the executive director's declaration may begin, the	8622
executive director shall send notice of the project, in writing,	8623
to the director of budget and management and to the members of the	8624
controlling board. That notice shall detail the project to be	8625
undertaken to address the public exigency and shall include a copy	8626
of the executive director's declaration that establishes the	8627
monetary limitations on that project.	8628

Sec. 123.11. When a public exigency, as defined in division	8629
(A) of section 123.10 of the Revised Code, exists, the executive	8630
director of ~~administrative services~~the Ohio facilities	8631
construction commission may take possession of lands and use them,	8632
or materials and other property necessary for the maintenance,	8633
protection, or repair of the public works, in accordance with	8634
sections 163.01 to 163.22 of the Revised Code.	8635

Sec. 123.19. There is hereby established in the state	8636
treasury the theater equipment maintenance fund. All appropriate	8637
theater-related revenues of the department of administrative	8638
services, as determined by the department, shall be credited to	8639
that fund and to any accounts created in that fund with the	8640
department's approval. All appropriate theater-related expenses of	8641
the department, as determined by the department, including	8642
reimbursement of, or payment to, any other fund or any	8643
governmental agency for advances made or services rendered to or	8644
on behalf of the department, shall be paid from that fund as	8645
determined by or pursuant to directions of the department. All	8646
investment earnings of that fund shall be credited to it and shall	8647
be allocated among any accounts created in the fund in the manner	8648
determined by the department.	8649

Sec. 123.201. (A) There is hereby created in the state	8650
treasury the Ohio facilities construction commission fund,	8651
consisting of transfers of moneys authorized by the general	8652
assembly and revenues received by the Ohio facilities construction	8653
commission under section 123.21 of the Revised Code. Investment	8654
earnings on moneys in the fund shall be credited to the fund.	8655
Moneys in the fund may be used by the commission, in performing	8656
its duties under this chapter, to pay personnel and other	8657
administrative expenses, to pay the cost of preparing building	8658
design specifications, to pay the cost of providing project	8659
management services, and for other purposes determined by the	8660
commission to be necessary to fulfill its duties under this	8661
chapter.	8662

(B)(1) There is hereby created in the state treasury the	8663
cultural and sports facilities building fund, consisting of	8664
proceeds of obligations authorized to pay costs of Ohio cultural	8665
facilities and Ohio sports facilities for which appropriations are	8666
made by the general assembly. All investment earnings of the fund	8667
shall be credited to the fund.	8668

(2) Upon the request of the executive director of the Ohio	8669
facilities construction commission and subject to applicable tax	8670
law limitations, the director of budget and management may	8671
transfer to the Ohio cultural facilities administration fund	8672
moneys credited to the cultural and sports facilities building	8673
fund to pay the costs of administering projects funded through the	8674
cultural and sports facilities building fund.	8675

(C) There is hereby created in the state treasury the Ohio	8676
cultural facilities administration fund, consisting of transfers	8677
of money authorized by the general assembly and revenues received	8678
by the commission under division (A)(9) of section 123.21 of the	8679
Revised Code. Moneys in the fund may be used by the Ohio	8680
facilities construction commission in administering projects	8681
funded through the cultural and sports facilities building fund	8682
pursuant to sections 123.28 and 128.281 of the Revised Code. All	8683
investment earnings of that fund shall be credited to it and shall	8684
be allocated among any accounts created in the fund in the manner	8685
determined by the commission.	8686

(D)(1) There is hereby created in the state treasury the	8687
capital donations fund, which shall be administered by the Ohio	8688
facilities construction commission. The fund consists of gifts,	8689
grants, devises, bequests, and other financial contributions made	8690
to the commission for the construction or improvement of cultural	8691
and sports facilities and shall be used in accordance with the	8692
specific purposes for which the gifts, grants, devises, bequests,	8693
or other financial contributions are made. All investment earnings	8694
of the fund shall be credited to the fund. Chapters 123., 125.,	8695
127., and 153. and section 3517.13 of the Revised Code do not	8696
apply to contract obligations paid from the fund, notwithstanding	8697
anything to the contrary in those chapters or that section.	8698

(2) Not later than one month following the end of each	8699
quarter of the fiscal year, the commission shall allocate the	8700
amounts credited to the fund from investment earnings during that	8701
preceding quarter of the fiscal year among the specific projects	8702
for which they are to be used and shall certify this information	8703
to the director of budget and management.	8704

(3) If the amounts credited to the fund for a particular	8705
project exceed what is required to complete that project, the	8706
commission may refund any of those excess amounts, including	8707
unexpended investment earnings attributable to those amounts, to	8708
the entity from which they were received.	8709

Sec. 123.21. (A) The Ohio facilities construction commission	8710
may perform any act and ensure the performance of any function	8711
necessary or appropriate to carry out the purposes of, and	8712
exercise the powers granted under this chapter or any other	8713
provision of the Revised Code, including any of the following:	8714

(1) Prepare, or contract to be prepared, by licensed	8715
engineers or architects, surveys, general and detailed plans,	8716
specifications, bills of materials, and estimates of cost for any	8717
projects, improvements, or public buildings to be constructed by	8718
state agencies that may be authorized by legislative	8719
appropriations or any other funds made available therefor,	8720
provided that the construction of the projects, improvements, or	8721
public buildings is a statutory duty of the commission. This	8722
section does not require the independent employment of an	8723
architect or engineer as provided by section 153.01 of the Revised	8724
Code in the cases to which section 153.01 of the Revised Code	8725
applies. This section does not affect or alter the existing powers	8726
of the director of transportation.	8727

(2) Have general supervision over the construction of any	8728
projects, improvements, or public buildings constructed for a	8729
state agency and over the inspection of materials prior to their	8730
incorporation into those projects, improvements, or buildings.	8731

(3) Make contracts for and supervise the design and	8732
construction of any projects and improvements or the construction	8733
and repair of buildings under the control of a state agency. All	8734
such contracts may be based in whole or in part on the unit price	8735
or maximum estimated cost, with payment computed and made upon	8736
actual quantities or units.	8737

(4) Adopt, amend, and rescind rules pertaining to the	8738
administration of the construction of the public works of the	8739
state as required by law, in accordance with Chapter 119. of the	8740
Revised Code.	8741

(5) Contract with, retain the services of, or designate, and	8742
fix the compensation of, such agents, accountants, consultants,	8743
advisers, and other independent contractors as may be necessary or	8744
desirable to carry out the programs authorized under this chapter,	8745
or authorize the executive director to perform such powers and	8746
duties.	8747

(6) Receive and accept any gifts, grants, donations, and	8748
pledges, and receipts therefrom, to be used for the programs	8749
authorized under this chapter.	8750

(7) Make and enter into all contracts, commitments, and	8751
agreements, and execute all instruments, necessary or incidental	8752
to the performance of its duties and the execution of its rights	8753
and powers under this chapter, or authorize the executive director	8754
to perform such powers and duties.	8755

(8) Debar a contractor as provided in section 153.02 of the	8756
Revised Code.	8757

(9) Enter into and administer cooperative agreements for	8758
cultural projects, as provided in sections 123.28 and 123.281 of	8759
the Revised Code.	8760

(B) The commission shall appoint and fix the compensation of	8761
an executive director who shall serve at the pleasure of the	8762
commission. The executive director shall exercise all powers that	8763
the commission possesses, supervise the operations of the	8764
commission, and perform such other duties as delegated by the	8765
commission. The executive director also shall employ and fix the	8766
compensation of such employees as will facilitate the activities	8767
and purposes of the commission, who shall serve at the pleasure of	8768
the executive director. The employees of the commission are exempt	8769
from Chapter 4117. of the Revised Code and are not considered	8770
public employees as defined in section 4117.01 of the Revised	8771
Code. Any agreement entered into prior to July 1, 2012, between	8772
the office of collective bargaining and the exclusive	8773
representative for employees of the commission is binding and	8774
shall continue to have effect.	8775

(C) The attorney general shall serve as the legal	8776
representative for the commission and may appoint other counsel as	8777
necessary for that purpose in accordance with section 109.07 of	8778
the Revised Code.	8779

Sec. 123.27. (A) As used in this section:

8780

"Capital facilities project" means the construction,	8781
reconstruction, improvement, enlargement, alteration, or repair of	8782
a building by a public entity.	8783

"Public entity" includes a state agency and a state	8784
institution of higher education.	8785

"State institution of higher education" has the same meaning	8786
as in section 3345.011 of the Revised Code.	8787

(B) Commencing not later than July 1, 2012, and upon	8788
completion of a capital facilities project that is funded wholly	8789
or in part using state funds, each public entity shall submit a	8790
report about the project to the executive director of the Ohio	8791
facilities construction commission. The report shall be submitted	8792
in Ohio administrative knowledge system capital improvement format	8793
or in a manner determined by the executive director and not later	8794
than thirty days after the project is complete. The report shall	8795
provide the total original contract bid, total cost of change	8796
orders, total actual cost of the project, total costs incurred for	8797
mediation and litigation services, and any other data requested by	8798
the executive director. The first report submitted pursuant to	8799
this division shall include information about any capital	8800
facilities project completed on or after July 1, 2011. Any capital	8801
facilities project that is funded wholly or in part through	8802
appropriations made to the Ohio school facilities commission,or	8803
the Ohio public works commission, ~~or the Ohio cultural facilities~~	8804
~~commission,~~ or for which a joint use agreement has been entered	8805
into with any public entity, is exempt from the reporting	8806
requirement prescribed under this division.	8807

(C) Commencing not later than July 1, 2012, and annually	8808
thereafter, the attorney general shall report to the executive	8809
director of the Ohio facilities construction commission on any	8810
mediation and litigation costs associated with capital facilities	8811
projects for which a judgment has been rendered. The report shall	8812
be submitted in a manner prescribed by the executive director and	8813
shall contain any information requested by the executive director	8814
related to capital facilities project mediation and litigation	8815
costs.	8816

(D) As soon as practicable after such information is made	8817
available, the executive director of the Ohio facilities	8818
construction commission shall incorporate the information reported	8819
pursuant to divisions (B) and (C) of this section into the Ohio	8820
administrative knowledge system.	8821

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	8822
section 123.281 of the Revised Code:	8823

(A) "Culture" means any of the following:

8824

(1) Visual, musical, dramatic, graphic, design, and other	8825
arts, including, but not limited to, architecture, dance,	8826
literature, motion pictures, music, painting, photography,	8827
sculpture, and theater, and the provision of training or education	8828
in these arts;	8829

(2) The presentation or making available, in museums or other	8830
indoor or outdoor facilities, of principles of science and their	8831
development, use, or application in business, industry, or	8832
commerce or of the history, heritage, development, presentation,	8833
and uses of the arts described in division (A)(1) of this section	8834
and of transportation;	8835

(3) The preservation, presentation, or making available of	8836
features of archaeological, architectural, environmental, or	8837
historical interest or significance in a state historical facility	8838
or a local historical facility.	8839

(B) "Cultural organization" means either of the following:

8840

(1) A governmental agency or Ohio nonprofit corporation,	8841
including the Ohio historical society, that provides programs or	8842
activities in areas directly concerned with culture;	8843

(2) A regional arts and cultural district as defined in	8844
section 3381.01 of the Revised Code.	8845

(C) "Cultural project" means all or any portion of an Ohio	8846
cultural facility for which the general assembly has ~~specifically~~	8847
~~authorized the spending of money, or~~ made an appropriation,	8848
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	8849
~~Revised Code~~or has specifically authorized the spending of money	8850
or the making of rental payments relating to the financing of	8851
construction.	8852

(D) "Cooperative contract" means a contract between the Ohio	8853
~~cultural~~ facilities construction commission and a cultural	8854
organization providing the terms and conditions of the cooperative	8855
use of an Ohio cultural facility.	8856

(E) "Costs of operation" means amounts required to manage an	8857
Ohio cultural facility that are incurred following the completion	8858
of construction of its cultural project, provided that both of the	8859
following apply:	8860

(1) Those amounts either:

8861

(a) Have been committed to a fund dedicated to that purpose;

8862

(b) Equal the principal of any endowment fund, the income	8863
from which is dedicated to that purpose.	8864

(2) The commission and the cultural organization have	8865
executed an agreement with respect to either of those funds.	8866

(F) ~~"General building services" means general building~~	8867
~~services for an Ohio cultural facility or an Ohio sports facility,~~	8868
~~including, but not limited to, general custodial care, security,~~	8869
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	8870
~~fire safety, grounds and site maintenance and upkeep, and~~	8871
~~plumbing.~~	8872

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	8873
~~state-supported or state-assisted institution of higher education,~~	8874
a municipal corporation, county, township, or school district, a	8875
port authority created under Chapter 4582. of the Revised Code,	8876
any other political subdivision or special district in this state	8877
established by or pursuant to law, or any combination of these	8878
entities; except where otherwise indicated, the United States or	8879
any department, division, or agency of the United States, or any	8880
agency, commission, or authority established pursuant to an	8881
interstate compact or agreement.	8882

~~(H)~~(G) "Local contributions" means the value of an asset	8883
provided by or on behalf of a cultural organization from sources	8884
other than the state, the value and nature of which shall be	8885
approved by the Ohio ~~cultural~~ facilities construction commission,	8886
in its sole discretion. "Local contributions" may include the	8887
value of the site where a cultural project is to be constructed.	8888
All "local contributions," except a contribution attributable to	8889
such a site, shall be for the costs of construction of a cultural	8890
project or the creation or expansion of an endowment for the costs	8891
of operation of a cultural facility.	8892

~~(I)~~(H) "Local historical facility" means a site or facility,	8893
other than a state historical facility, of archaeological,	8894
architectural, environmental, or historical interest or	8895
significance, or a facility, including a storage facility,	8896
appurtenant to the operations of such a site or facility, that is	8897
owned by a cultural organization~~, provided the facility meets the~~	8898
~~requirements of division (K)(2)(b) of this section, is managed by~~	8899
~~or pursuant to a contract with the Ohio cultural facilities~~	8900
~~commission,~~ and is used for or in connection with ~~the~~cultural	8901
activities ~~of the commission~~, including the presentation or making	8902
available of culture to the public.	8903

~~(J)~~(I) "Manage," "operate," or "management" means the	8904
provision of, or the exercise of control over the provision of,	8905
activities:	8906

(1) Relating to culture for an Ohio cultural facility,	8907
including as applicable, but not limited to, providing for	8908
displays, exhibitions, specimens, and models; booking of artists,	8909
performances, or presentations; scheduling; and hiring or	8910
contracting for directors, curators, technical and scientific	8911
staff, ushers, stage managers, and others directly related to the	8912
cultural activities in the facility; but not including general	8913
building services;	8914

(2) Relating to sports and athletic events for an Ohio sports	8915
facility, including as applicable, but not limited to, providing	8916
for booking of athletes, teams, and events; scheduling; and hiring	8917
or contracting for staff, ushers, managers, and others directly	8918
related to the sports and athletic events in the facility; but not	8919
including general building services.	8920

~~(K)~~(J) "Ohio cultural facility" means any of the following:

8921

(1) The theaters located in the state office tower at 77	8922
South High street in Columbus;	8923

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	8924
~~of the following apply:~~	8925

~~(a) The construction of a cultural project related to the~~	8926
~~facility was authorized or funded by the general assembly pursuant~~	8927
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	8928
~~proceeds of state bonds are used for costs of the cultural~~	8929
~~project.~~	8930

~~(b) The facility~~that is managed directly by, or is subject	8931
to a cooperative or management contract with, the Ohio ~~cultural~~	8932
facilities construction commission~~, and is used for or in~~	8933
~~connection with the activities of the commission, including the~~	8934
~~presentation or making available of culture to the public and the~~	8935
~~provision of training or education in culture~~.	8936

(3) A state historical facility or a local historical	8937
facility.	8938

~~(L) "State agency" means the state or any of its branches,~~	8939
~~officers, boards, commissions, authorities, departments,~~	8940
~~divisions, or other units or agencies.~~	8941

~~(M)~~(K) "Construction" includes acquisition, including	8942
acquisition by lease-purchase, demolition, reconstruction,	8943
alteration, renovation, remodeling, enlargement, improvement, site	8944
improvements, and related equipping and furnishing.	8945

~~(N)~~(L) "State historical facility" means a site or facility	8946
that has all of the following characteristics:	8947

(1) It is created, supervised, operated, protected,	8948
maintained, and promoted by the Ohio historical society pursuant	8949
to the society's performance of public functions under sections	8950
149.30 and 149.302 of the Revised Code.	8951

(2) Its title must reside wholly or in part with the state,	8952
the society, or both the state and the society.	8953

(3) It is managed directly by or is subject to a cooperative	8954
or management contract with the Ohio ~~cultural~~ facilities	8955
construction commission and is used for or in connection with ~~the~~	8956
cultural activities ~~of the commission~~, including the presentation	8957
or making available of culture to the public.	8958

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	8959
stadium, arena, tennis facility, motorsports complex, or other	8960
capital facility in this state. A primary purpose of the facility	8961
shall be to provide a site or venue for the presentation to the	8962
public of motorsports events, professional tennis tournaments, or	8963
events of one or more major or minor league professional athletic	8964
or sports teams that are associated with the state or with a city	8965
or region of the state. The facility shall be, in the case of a	8966
motorsports complex, owned by the state or governmental agency, or	8967
in all other instances, owned by or located on real property owned	8968
by the state or a governmental agency, and includes all parking	8969
facilities, walkways, and other auxiliary facilities, equipment,	8970
furnishings, and real and personal property and interests and	8971
rights therein, that may be appropriate for or used for or in	8972
connection with the facility or its operation, for capital costs	8973
of which state funds are spent pursuant to ~~this chapter~~this	8974
section and section 123.281 of the Revised Code. A facility	8975
constructed as an Ohio sports facility may be both an Ohio	8976
cultural facility and an Ohio sports facility.	8977

~~(P)~~(N) "Motorsports" means sporting events in which motor	8978
vehicles are driven on a clearly demarcated tracked surface.	8979

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	8980
commission shall provide for the construction of a cultural	8981
project in conformity with Chapter 153. of the Revised Code,	8982
except ~~as follows:~~	8983

~~(1) For a cultural project other than a state historical~~	8984
~~facility, construction services may be provided on behalf of the~~	8985
~~state by the Ohio cultural facilities commission, or by~~for	8986
construction services provided on behalf of the state by a	8987
governmental agency or a cultural organization in accordance with	8988
divisions (B) and (C) of this section.	8989

(B) In order for a governmental agency or a cultural	8990
organization ~~that occupies, will occupy, or is responsible for the~~	8991
~~Ohio cultural facility, as determined by the Ohio cultural~~	8992
~~facilities commission. For a project receiving a state~~	8993
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8994
~~facilities commission may delegate to its executive director the~~	8995
~~authority to approve the provision of construction services by~~	8996
~~such an agency or organization, but not the authority to~~	8997
~~disapprove that provision. Construction services to be provided by~~	8998
~~a governmental agency or a cultural organization shall be~~	8999
~~specified in an agreement between the Ohio cultural facilities~~	9000
~~commission and the governmental agency or cultural organization.~~	9001
~~The agreement, or any actions taken under it, are not subject to~~	9002
~~Chapter 123. or 153. of the Revised Code, except for sections~~	9003
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	9004
~~Chapter 4115. of the Revised Code.~~	9005

~~(2) For a cultural project that is~~to provide construction	9006
services on behalf of the state for a cultural project, other than	9007
a state historical facility, for which the general assembly has	9008
made an appropriation or specifically authorized the spending of	9009
money or the making of rental payments relating to the financing	9010
of the construction, the governmental agency or cultural	9011
organization shall submit to the Ohio facilities construction	9012
commission a cooperative agreement that includes, but is not	9013
limited to, provisions that:	9014

(1) Specify how the proposed project will support culture, as	9015
defined in section 123.28 of the Revised Code;	9016

(2) Specify that the governmental agency or cultural	9017
organization has local contributions amounting to not less than	9018
fifty per cent of the total state funding for the cultural	9019
project;	9020

(3) Specify that the funds shall be used only for	9021
construction, as defined in section 123.28 of the Revised Code;	9022

(4) Identify the facility to be constructed, renovated,	9023
remodeled, or improved;	9024

(5) Specify that the project scope meets the intent and	9025
purpose of the project appropriation and that the project can be	9026
completed and ready for full occupancy without exceeding	9027
appropriated funds;	9028

(6) Specify that the governmental agency or cultural	9029
organization shall hold the Ohio facilities construction	9030
commission harmless from all liability for the operation and	9031
maintenance costs of the facility;	9032

(7) Specify that the agreement or any actions taken under it	9033
are not subject to Chapters 123. or 153. of the Revised Code,	9034
except for section 153.011 of the Revised Code, and are subject to	9035
Chapter 4115. of the Revised Code; and	9036

(8) Provide that amendments to the agreement shall require	9037
the approval of the Ohio facilities construction commission.	9038

(C) In order for a cultural organization to provide	9039
construction services on behalf of the state for a state	9040
historical facility~~, construction services may be provided by the~~	9041
~~Ohio cultural facilities commission or by a cultural organization~~	9042
~~that occupies, will occupy, or is responsible for the facility, as~~	9043
~~determined by the Ohio cultural facilities commission. For a~~	9044
~~facility receiving a state appropriation of fifty thousand dollars~~	9045
~~or less, the Ohio cultural facilities commission may delegate to~~	9046
~~its executive director the authority to approve the provision of~~	9047
~~construction services by such an organization, but not the~~	9048
~~authority to disapprove that provision. The construction services~~	9049
~~to be provided by the cultural organization shall be specified in~~	9050
~~an agreement between the Ohio cultural facilities commission and~~	9051
~~the cultural organization. That agreement, and any actions taken~~	9052
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	9053
~~Revised Code.~~	9054

~~(B) For an Ohio sports facility that is financed in part by~~	9055
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	9056
~~construction services shall be provided on behalf of the state by~~	9057
~~or at the direction of the governmental agency or nonprofit~~	9058
~~corporation that will own or be responsible for the management of~~	9059
~~the facility, all as determined by the Ohio cultural facilities~~	9060
~~commission. For a facility receiving a state appropriation of~~	9061
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9062
~~commission may delegate to its executive director the authority to~~	9063
~~approve the provision of construction services by or at the~~	9064
~~direction of the agency or corporation, but not the authority to~~	9065
~~disapprove that provision. Any construction services to be~~	9066
~~provided by a governmental agency or nonprofit corporation shall~~	9067
~~be specified in an agreement between the Ohio cultural facilities~~	9068
~~commission and the governmental agency or nonprofit corporation.~~	9069
~~That agreement, and any actions taken under it, are not subject to~~	9070
~~Chapter 123. or 153. of the Revised Code, except for sections~~	9071
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	9072
~~Chapter 4115. of the Revised Code.~~	9073

~~(C) General building services for an Ohio cultural facility~~	9074
~~shall be provided by the Ohio cultural facilities commission or by~~	9075
~~a cultural organization that occupies, will occupy, or is~~	9076
~~responsible for the facility, as determined by the Ohio cultural~~	9077
~~facilities commission. For a facility receiving a state~~	9078
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9079
~~facilities commission may delegate to its executive director the~~	9080
~~authority to approve the provision of general building services by~~	9081
~~such an organization, but not the authority to disapprove that~~	9082
~~provision. Alternatively, the Ohio building authority may elect to~~	9083
~~provide those services for Ohio cultural facilities financed with~~	9084
~~proceeds of state bonds issued by the authority. The costs of~~	9085
~~management and general building services shall be paid by the~~	9086
~~cultural organization that occupies, will occupy, or is~~	9087
~~responsible for the facility as provided in an agreement between~~	9088
~~the Ohio cultural facilities commission and the cultural~~	9089
~~organization, except that the state may pay for general building~~	9090
~~services for state-owned cultural facilities constructed on~~	9091
~~state-owned land.~~	9092

~~General building services for an Ohio sports facility shall~~	9093
~~be provided by or at the direction of the governmental agency or~~	9094
~~nonprofit corporation that will be responsible for the management~~	9095
~~of the facility, all as determined by the Ohio cultural facilities~~	9096
~~commission. For a facility receiving a state appropriation of~~	9097
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9098
~~commission may delegate to its executive director the authority to~~	9099
~~approve the provision of general building services by or at the~~	9100
~~direction of the agency or corporation, but not the authority to~~	9101
~~disapprove that provision. Any general building services to be~~	9102
~~provided by a governmental agency or nonprofit corporation for an~~	9103
~~Ohio sports facility shall be specified in an agreement between~~	9104
~~the Ohio cultural facilities commission and the governmental~~	9105
~~agency or nonprofit corporation. That agreement, and any actions~~	9106
~~taken under it, are not subject to Chapter 123. or 153. of the~~	9107
~~Revised Code, except for sections 123.081 and 153.011 of the~~	9108
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	9109
~~Code.~~	9110

~~(D) This division does not apply to a state historical~~	9111
~~facility. No state funds, including any state bond proceeds, shall~~	9112
~~be spent on the construction of any cultural project under this~~	9113
~~chapter unless, with respect to the cultural project and to the~~	9114
~~Ohio cultural facility related to the project, all of the~~	9115
~~following apply:~~	9116

~~(1) The Ohio cultural facilities commission has determined~~	9117
~~that there is a need for the cultural project and the Ohio~~	9118
~~cultural facility related to the project in the region of the~~	9119
~~state in which the Ohio cultural facility is located or for which~~	9120
~~the facility is proposed. For a project receiving a state~~	9121
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9122
~~facilities commission may delegate to its executive director the~~	9123
~~authority to determine need but only in the affirmative.~~	9124

~~(2) The Ohio cultural facilities commission has determined~~	9125
~~that, as an indication of substantial regional support for the~~	9126
~~cultural project, the cultural organization has made provision~~	9127
~~satisfactory to the Ohio cultural facilities commission, in its~~	9128
~~sole discretion, for local contributions amounting to not less~~	9129
~~than fifty per cent of the total state funding for the cultural~~	9130
~~project. For a project receiving a state appropriation of fifty~~	9131
~~thousand dollars or less, the Ohio cultural facilities commission~~	9132
~~may delegate to its executive director the authority to determine~~	9133
~~the adequacy of the regional support but only in the affirmative.~~	9134

~~(3) The general assembly has specifically authorized the~~	9135
~~spending of money on, or made an appropriation for, the~~	9136
~~construction of the cultural project, or for rental payments~~	9137
~~relating to the financing of the construction of the cultural~~	9138
~~project. Authorization to spend money, or an appropriation, for~~	9139
~~planning the cultural project does not constitute authorization to~~	9140
~~spend money on, or an appropriation for, construction of the~~	9141
~~cultural project.~~	9142

~~(E) No state funds, including any state bond proceeds, shall~~	9143
~~be spent on the construction of any state historical facility~~	9144
~~under this chapter unless the general assembly has specifically~~	9145
~~authorized the spending of money on, or made an appropriation for,~~	9146
~~the construction of the state historical project related to the~~	9147
~~facility, or for rental payments relating to the financing of the~~	9148
~~construction of the state historical project. Authorization to~~	9149
~~spend money, or an appropriation, for planning the state~~	9150
~~historical project does not constitute authorization to spend~~	9151
~~money on, or an appropriation for, the construction of the state~~	9152
~~historical project.~~	9153

~~(F)~~for which the general assembly has made an appropriation	9154
or specifically authorized the spending of money or the making of	9155
rental payments relating to the financing of the construction, the	9156
cultural organization shall submit to the Ohio facilities	9157
construction commission a cooperative agreement that includes, but	9158
is not limited to, provisions that:	9159

(1) Specify how the proposed project will support culture, as	9160
defined in section 123.28 of the Revised Code;	9161

(2) Specify that the funds shall be used only for	9162
construction, as defined in section 123.28 of the Revised Code;	9163

(3) Identify the facility to be constructed, renovated,	9164
remodeled, or improved;	9165

(4) Specify that the project scope meets the intent and	9166
purpose of the project appropriation and that the project can be	9167
completed and ready for full occupancy without exceeding	9168
appropriated funds;	9169

(5) Specify that the cultural organization shall hold the	9170
Ohio facilities construction commission harmless from all	9171
liability for the operation and maintenance costs of the facility;	9172

(6) Specify that the agreement or any actions taken under it	9173
are not subject to Chapters 123., 153., or 4115. of the Revised	9174
Code; and	9175

(7) Provide that amendments to the agreement shall require	9176
the approval of the Ohio facilities construction commission.	9177

(D) State funds shall not be used to pay or reimburse more	9178
than fifteen per cent of the initial estimated construction cost	9179
of an Ohio sports facility, excluding any site acquisition cost,	9180
and no state funds, including any state bond proceeds, shall be	9181
spent on any Ohio sports facility under this chapter unless, with	9182
respect to that facility, all of the following apply:	9183

(1) The Ohio ~~cultural~~ facilities construction commission has	9184
~~determined that there is a need for the facility in the region of~~	9185
~~the state for which the facility is proposed to provide the~~	9186
~~function of an Ohio sports facility as provided for in this~~	9187
~~chapter. For a facility receiving a state appropriation of fifty~~	9188
~~thousand dollars or less, the Ohio cultural facilities commission~~	9189
~~may delegate to its executive director the authority to determine~~	9190
~~need but only in the affirmative.~~	9191

~~(2) As an indication of substantial local support for the~~	9192
~~facility, the Ohio cultural facilities commission has~~ received a	9193
financial and development plan satisfactory to it, and provision	9194
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	9195
~~cultural facilities~~ commission, for a contribution amounting to	9196
not less than eighty-five per cent of the total estimated	9197
construction cost of the facility, excluding any site acquisition	9198
cost, from sources other than the state. ~~For a facility receiving~~	9199
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	9200
~~cultural facilities commission may delegate to its executive~~	9201
~~director the authority to evaluate the financial and development~~	9202
~~plan and the contribution and to determine their adequacy but only~~	9203
~~in the affirmative.~~	9204

~~(3)~~(2) The general assembly has specifically authorized the	9205
spending of money on, or made an appropriation for, the	9206
construction of the facility, or for rental payments relating to	9207
state financing of all or a portion of the costs of constructing	9208
the facility. Authorization to spend money, or an appropriation,	9209
for planning or determining the feasibility of or need for the	9210
facility does not constitute authorization to spend money on, or	9211
an appropriation for, costs of constructing the facility.	9212

~~(4)~~(3) If state bond proceeds are being used for the Ohio	9213
sports facility, the state or a governmental agency owns or has	9214
sufficient property interests in the facility or in the site of	9215
the facility or in the portion or portions of the facility	9216
financed from proceeds of state bonds, which may include, but is	9217
not limited to, the right to use or to require the use of the	9218
facility for the presentation of sport and athletic events to the	9219
public at the facility.	9220

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	9221
this section, no state funds, including any state bond proceeds,	9222
shall be spent on any Ohio sports facility that is a motorsports	9223
complex, unless, with respect to that facility, both of the	9224
following apply:	9225

(1) Motorsports events shall be presented at the facility	9226
pursuant to a lease entered into with the owner of the facility.	9227
The term of the lease shall be for a period of not less than the	9228
greater of the useful life of the portion of the facility financed	9229
from proceeds of state bonds as determined using the guidelines	9230
for maximum maturities as provided under divisions (B) and (C) of	9231
section 133.20 of the Revised Code, or the period of time	9232
remaining to the date of payment or provision for payment of	9233
outstanding state bonds allocable to costs of the facility, all as	9234
determined by the director of budget and management and certified	9235
by the executive director toof the Ohio ~~cultural~~ facilities	9236
construction commission and to the treasurer of state.	9237

(2) Any motorsports organization that commits to using the	9238
facility for an established period of time shall give the	9239
political subdivision in which the facility is located not less	9240
than six months' advance notice if the organization intends to	9241
cease utilizing the facility prior to the expiration of that	9242
established period. Such a motorsports organization shall be	9243
liable to the state for any state funds used on the construction	9244
costs of the facility.	9245

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	9246
this section, no state bond proceeds shall be spent on any Ohio	9247
sports facility that is a tennis facility, unless the owner or	9248
manager of the facility provides contractual commitments from a	9249
national or international professional tennis organization in a	9250
form acceptable to the ~~cultural~~Ohio facilities construction	9251
commission that assures that one or more sanctioned professional	9252
tennis events will be presented at the facility during each year	9253
that the bonds remain outstanding.	9254

Sec. 124.11. The civil service of the state and the several	9255
counties, cities, civil service townships, city health districts,	9256
general health districts, and city school districts of the state	9257
shall be divided into the unclassified service and the classified	9258
service.	9259

(A) The unclassified service shall comprise the following	9260
positions, which shall not be included in the classified service,	9261
and which shall be exempt from all examinations required by this	9262
chapter:	9263

(1) All officers elected by popular vote or persons appointed	9264
to fill vacancies in those offices;	9265

(2) All election officers as defined in section 3501.01 of	9266
the Revised Code;	9267

(3)(a) The members of all boards and commissions, and heads	9268
of principal departments, boards, and commissions appointed by the	9269
governor or by and with the governor's consent;	9270

(b) The heads of all departments appointed by a board of	9271
county commissioners;	9272

(c) The members of all boards and commissions and all heads	9273
of departments appointed by the mayor, or, if there is no mayor,	9274
such other similar chief appointing authority of any city or city	9275
school district;	9276

Except as otherwise provided in division (A)(17) or (C) of	9277
this section, this chapter does not exempt the chiefs of police	9278
departments and chiefs of fire departments of cities or civil	9279
service townships from the competitive classified service.	9280

(4) The members of county or district licensing boards or	9281
commissions and boards of revision, and not more than five deputy	9282
county auditors;	9283

(5) All officers and employees elected or appointed by either	9284
or both branches of the general assembly, and employees of the	9285
city legislative authority engaged in legislative duties;	9286

(6) All commissioned, warrant, and noncommissioned officers	9287
and enlisted persons in the Ohio organized militia, including	9288
military appointees in the adjutant general's department;	9289

(7)(a) All presidents, business managers, administrative	9290
officers, superintendents, assistant superintendents, principals,	9291
deans, assistant deans, instructors, teachers, and such employees	9292
as are engaged in educational or research duties connected with	9293
the public school system, colleges, and universities, as	9294
determined by the governing body of the public school system,	9295
colleges, and universities;	9296

(b) The library staff of any library in the state supported	9297
wholly or in part at public expense.	9298

(8) Four clerical and administrative support employees for	9299
each of the elective state officers, four clerical and	9300
administrative support employees for each board of county	9301
commissioners and one such employee for each county commissioner,	9302
and four clerical and administrative support employees for other	9303
elective officers and each of the principal appointive executive	9304
officers, boards, or commissions, except for civil service	9305
commissions, that are authorized to appoint such clerical and	9306
administrative support employees;	9307

(9) The deputies and assistants of state agencies authorized	9308
to act for and on behalf of the agency, or holding a fiduciary or	9309
administrative relation to that agency and those persons employed	9310
by and directly responsible to elected county officials or a	9311
county administrator and holding a fiduciary or administrative	9312
relationship to such elected county officials or county	9313
administrator, and the employees of such county officials whose	9314
fitness would be impracticable to determine by competitive	9315
examination, provided that division (A)(9) of this section shall	9316
not affect those persons in county employment in the classified	9317
service as of September 19, 1961. Nothing in division (A)(9) of	9318
this section applies to any position in a county department of job	9319
and family services created pursuant to Chapter 329. of the	9320
Revised Code.	9321

(10) Bailiffs, constables, official stenographers, and	9322
commissioners of courts of record, deputies of clerks of the	9323
courts of common pleas who supervise or who handle public moneys	9324
or secured documents, and such officers and employees of courts of	9325
record and such deputies of clerks of the courts of common pleas	9326
as the appointing authority finds it impracticable to determine	9327
their fitness by competitive examination;	9328

(11) Assistants to the attorney general, special counsel	9329
appointed or employed by the attorney general, assistants to	9330
county prosecuting attorneys, and assistants to city directors of	9331
law;	9332

(12) Such teachers and employees in the agricultural	9333
experiment stations; such students in normal schools, colleges,	9334
and universities of the state who are employed by the state or a	9335
political subdivision of the state in student or intern	9336
classifications; and such unskilled labor positions as the	9337
director of administrative services, with respect to positions in	9338
the service of the state, or any municipal civil service	9339
commission may find it impracticable to include in the competitive	9340
classified service; provided such exemptions shall be by order of	9341
the commission or the director, duly entered on the record of the	9342
commission or the director with the reasons for each such	9343
exemption;	9344

(13) Any physician or dentist who is a full-time employee of	9345
the department of ~~mental health~~mental health and addiction	9346
services, the department of developmental disabilities, or an	9347
institution under the jurisdiction of either department; and	9348
physicians who are in residency programs at the institutions;	9349

(14) Up to twenty positions at each institution under the	9350
jurisdiction of the department of ~~mental health~~mental health and	9351
addiction services or the department of developmental disabilities	9352
that the department director determines to be primarily	9353
administrative or managerial; and up to fifteen positions in any	9354
division of either department, excluding administrative assistants	9355
to the director and division chiefs, which are within the	9356
immediate staff of a division chief and which the director	9357
determines to be primarily and distinctively administrative and	9358
managerial;	9359

(15) Noncitizens of the United States employed by the state,	9360
or its counties or cities, as physicians or nurses who are duly	9361
licensed to practice their respective professions under the laws	9362
of this state, or medical assistants, in mental or chronic disease	9363
hospitals, or institutions;	9364

(16) Employees of the governor's office;

9365

(17) Fire chiefs and chiefs of police in civil service	9366
townships appointed by boards of township trustees under section	9367
505.38 or 505.49 of the Revised Code;	9368

(18) Executive directors, deputy directors, and program	9369
directors employed by boards of alcohol, drug addiction, and	9370
mental health services under Chapter 340. of the Revised Code, and	9371
secretaries of the executive directors, deputy directors, and	9372
program directors;	9373

(19) Superintendents, and management employees as defined in	9374
section 5126.20 of the Revised Code, of county boards of	9375
developmental disabilities;	9376

(20) Physicians, nurses, and other employees of a county	9377
hospital who are appointed pursuant to sections 339.03 and 339.06	9378
of the Revised Code;	9379

(21) The executive director of the state medical board, who	9380
is appointed pursuant to division (B) of section 4731.05 of the	9381
Revised Code;	9382

(22) County directors of job and family services as provided	9383
in section 329.02 of the Revised Code and administrators appointed	9384
under section 329.021 of the Revised Code;	9385

(23) A director of economic development who is hired pursuant	9386
to division (A) of section 307.07 of the Revised Code;	9387

(24) Chiefs of construction and compliance, of operations and	9388
maintenance, of worker protection, and of licensing and	9389
certification in the division of industrial compliance in the	9390
department of commerce;	9391

(25) The executive director of a county transit system	9392
appointed under division (A) of section 306.04 of the Revised	9393
Code;	9394

(26) Up to five positions at each of the administrative	9395
departments listed in section 121.02 of the Revised Code and at	9396
the department of taxation, department of the adjutant general,	9397
department of education, Ohio board of regents, bureau of workers'	9398
compensation, industrial commission, state lottery commission,	9399
opportunities for Ohioans with disabilities agency, and public	9400
utilities commission of Ohio that the head of that administrative	9401
department or of that other state agency determines to be involved	9402
in policy development and implementation. The head of the	9403
administrative department or other state agency shall set the	9404
compensation for employees in these positions at a rate that is	9405
not less than the minimum compensation specified in pay range 41	9406
but not more than the maximum compensation specified in pay range	9407
4447 of salary schedule E-2 in section 124.152 of the Revised	9408
Code. The authority to establish positions in the unclassified	9409
service under division (A)(26) of this section is in addition to	9410
and does not limit any other authority that an administrative	9411
department or state agency has under the Revised Code to establish	9412
positions, appoint employees, or set compensation.	9413

(27) Employees of the department of agriculture employed	9414
under section 901.09 of the Revised Code;	9415

(28) For cities, counties, civil service townships, city	9416
health districts, general health districts, and city school	9417
districts, the deputies and assistants of elective or principal	9418
executive officers authorized to act for and in the place of their	9419
principals or holding a fiduciary relation to their principals;	9420

(29) Employees who receive intermittent or temporary	9421
appointments under division (B) of section 124.30 of the Revised	9422
Code;	9423

(30) Employees appointed to administrative staff positions	9424
for which an appointing authority is given specific statutory	9425
authority to set compensation;	9426

(31) Employees appointed to highway patrol cadet or highway	9427
patrol cadet candidate classifications;	9428

(32) Employees placed in the unclassified service by another	9429
section of the Revised Code.	9430

(B) The classified service shall comprise all persons in the	9431
employ of the state and the several counties, cities, city health	9432
districts, general health districts, and city school districts of	9433
the state, not specifically included in the unclassified service.	9434
Upon the creation by the board of trustees of a civil service	9435
township civil service commission, the classified service shall	9436
also comprise, except as otherwise provided in division (A)(17) or	9437
(C) of this section, all persons in the employ of a civil service	9438
township police or fire department having ten or more full-time	9439
paid employees. The classified service consists of two classes,	9440
which shall be designated as the competitive class and the	9441
unskilled labor class.	9442

(1) The competitive class shall include all positions and	9443
employments in the state and the counties, cities, city health	9444
districts, general health districts, and city school districts of	9445
the state, and, upon the creation by the board of trustees of a	9446
civil service township of a township civil service commission, all	9447
positions in a civil service township police or fire department	9448
having ten or more full-time paid employees, for which it is	9449
practicable to determine the merit and fitness of applicants by	9450
competitive examinations. Appointments shall be made to, or	9451
employment shall be given in, all positions in the competitive	9452
class that are not filled by promotion, reinstatement, transfer,	9453
or reduction, as provided in this chapter, and the rules of the	9454
director of administrative services, by appointment from those	9455
certified to the appointing officer in accordance with this	9456
chapter.	9457

(2) The unskilled labor class shall include ordinary	9458
unskilled laborers. Vacancies in the labor class for positions in	9459
service of the state shall be filled by appointment from lists of	9460
applicants registered by the director or the director's designee.	9461
Vacancies in the labor class for all other positions shall be	9462
filled by appointment from lists of applicants registered by a	9463
commission. The director or the commission, as applicable, by	9464
rule, shall require an applicant for registration in the labor	9465
class to furnish evidence or take tests as the director or	9466
commission considers proper with respect to age, residence,	9467
physical condition, ability to labor, honesty, sobriety, industry,	9468
capacity, and experience in the work or employment for which	9469
application is made. Laborers who fulfill the requirements shall	9470
be placed on the eligible list for the kind of labor or employment	9471
sought, and preference shall be given in employment in accordance	9472
with the rating received from that evidence or in those tests.	9473
Upon the request of an appointing officer, stating the kind of	9474
labor needed, the pay and probable length of employment, and the	9475
number to be employed, the director or commission, as applicable,	9476
shall certify from the highest on the list double the number to be	9477
employed; from this number, the appointing officer shall appoint	9478
the number actually needed for the particular work. If more than	9479
one applicant receives the same rating, priority in time of	9480
application shall determine the order in which their names shall	9481
be certified for appointment.	9482

(C) A municipal or civil service township civil service	9483
commission may place volunteer firefighters who are paid on a	9484
fee-for-service basis in either the classified or the unclassified	9485
civil service.	9486

(D)(1) This division does not apply to persons in the	9487
unclassified service who have the right to resume positions in the	9488
classified service under sections 4121.121, ~~5119.071~~5119.18,	9489
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	9490
Revised Code or to cities, counties, or political subdivisions of	9491
the state.	9492

(2) A person who holds a position in the classified service	9493
of the state and who is appointed to a position in the	9494
unclassified service shall retain the right to resume the position	9495
and status held by the person in the classified service	9496
immediately prior to the person's appointment to the position in	9497
the unclassified service, regardless of the number of positions	9498
the person held in the unclassified service. An employee's right	9499
to resume a position in the classified service may only be	9500
exercised when an appointing authority demotes the employee to a	9501
pay range lower than the employee's current pay range or revokes	9502
the employee's appointment to the unclassified service and:	9503

(a) That person held a certified position prior to July 1,	9504
2007, in the classified service within the appointing authority's	9505
agency; or	9506

(b) That person held a permanent position on or after July 1,	9507
2007, in the classified service within the appointing authority's	9508
agency.	9509

(3) An employee forfeits the right to resume a position in	9510
the classified service when:	9511

(a) The employee is removed from the position in the	9512
unclassified service due to incompetence, inefficiency,	9513
dishonesty, drunkenness, immoral conduct, insubordination,	9514
discourteous treatment of the public, neglect of duty, violation	9515
of this chapter or the rules of the director of administrative	9516
services, any other failure of good behavior, any other acts of	9517
misfeasance, malfeasance, or nonfeasance in office, or conviction	9518
of a felony; or	9519

(b) Upon transfer to a different agency.

9520

(4) Reinstatement to a position in the classified service	9521
shall be to a position substantially equal to that position in the	9522
classified service held previously, as certified by the director	9523
of administrative services. If the position the person previously	9524
held in the classified service has been placed in the unclassified	9525
service or is otherwise unavailable, the person shall be appointed	9526
to a position in the classified service within the appointing	9527
authority's agency that the director of administrative services	9528
certifies is comparable in compensation to the position the person	9529
previously held in the classified service. Service in the position	9530
in the unclassified service shall be counted as service in the	9531
position in the classified service held by the person immediately	9532
prior to the person's appointment to the position in the	9533
unclassified service. When a person is reinstated to a position in	9534
the classified service as provided in this division, the person is	9535
entitled to all rights, status, and benefits accruing to the	9536
position in the classified service during the person's time of	9537
service in the position in the unclassified service.	9538

Sec. 124.14. (A)(1) The director of administrative services	9539
shall establish, and may modify or rescind, by rule, a job	9540
classification plan for all positions, offices, and employments	9541
~~the salaries of which are paid in whole or in part by~~in the	9542
service of the state. The director shall group jobs within a	9543
classification so that the positions are similar enough in duties	9544
and responsibilities to be described by the same title, to have	9545
the same pay assigned with equity, and to have the same	9546
qualifications for selection applied. The director shall, by rule,	9547
assign a classification title to each classification within the	9548
classification plan. However, the director shall consider in	9549
establishing classifications, including classifications with	9550
parenthetical titles, and assigning pay ranges such factors as	9551
duties performed only on one shift, special skills in short supply	9552
in the labor market, recruitment problems, separation rates,	9553
comparative salary rates, the amount of training required, and	9554
other conditions affecting employment. The director shall describe	9555
the duties and responsibilities of the class, establish the	9556
qualifications for being employed in each position in the class,	9557
and file with the secretary of state a copy of specifications for	9558
all of the classifications. The director shall file new,	9559
additional, or revised specifications with the secretary of state	9560
before they are used.	9561

The director shall, by rule, assign each classification,	9562
either on a statewide basis or in particular counties or state	9563
institutions, to a pay range established under section 124.15 or	9564
section 124.152 of the Revised Code. The director may assign a	9565
classification to a pay range on a temporary basis for a period of	9566
six months. The director may establish, by rule adopted under	9567
Chapter 119. of the Revised Code, experimental classification	9568
plans for some or all employees paid directly by warrant of the	9569
director of budget and management. The rule shall include	9570
specifications for each classification within the plan and shall	9571
specifically address compensation ranges, and methods for	9572
advancing within the ranges, for the classifications, which may be	9573
assigned to pay ranges other than the pay ranges established under	9574
section 124.15 or 124.152 of the Revised Code.	9575

(2) The director of administrative services may reassign to a	9576
proper classification those positions that have been assigned to	9577
an improper classification. If the compensation of an employee in	9578
such a reassigned position exceeds the maximum rate of pay for the	9579
employee's new classification, the employee shall be placed in pay	9580
step X and shall not receive an increase in compensation until the	9581
maximum rate of pay for that classification exceeds the employee's	9582
compensation.	9583

(3) The director may reassign an exempt employee, as defined	9584
in section 124.152 of the Revised Code, to a bargaining unit	9585
classification if the director determines that the bargaining unit	9586
classification is the proper classification for that employee.	9587
Notwithstanding Chapter 4117. of the Revised Code or instruments	9588
and contracts negotiated under it, these placements are at the	9589
director's discretion.	9590

(4) The director shall, by rule, assign related	9591
classifications, which form a career progression, to a	9592
classification series. The director shall, by rule, assign each	9593
classification in the classification plan a five-digit number, the	9594
first four digits of which shall denote the classification series	9595
to which the classification is assigned. When a career progression	9596
encompasses more than ten classifications, the director shall, by	9597
rule, identify the additional classifications belonging to a	9598
classification series. The additional classifications shall be	9599
part of the classification series, notwithstanding the fact that	9600
the first four digits of the number assigned to the additional	9601
classifications do not correspond to the first four digits of the	9602
numbers assigned to other classifications in the classification	9603
series.	9604

(B) Division (A) of this section and sections 124.15 and	9605
124.152 of the Revised Code do not apply to the following persons,	9606
positions, offices, and employments:	9607

(1) Elected officials;

9608

(2) Legislative employees, employees of the legislative	9609
service commission, employees in the office of the governor,	9610
employees who are in the unclassified civil service and exempt	9611
from collective bargaining coverage in the office of the secretary	9612
of state, auditor of state, treasurer of state, and attorney	9613
general, and employees of the supreme court;	9614

(3) Any position for which the authority to determine	9615
compensation is given by law to another individual or entity;	9616

(4) Employees of the bureau of workers' compensation whose	9617
compensation the administrator of workers' compensation	9618
establishes under division (B) of section 4121.121 of the Revised	9619
Code.	9620

(C) The director may employ a consulting agency to aid and	9621
assist the director in carrying out this section.	9622

(D)(1) When the director proposes to modify a classification	9623
or the assignment of classes to appropriate pay ranges, the	9624
director shall send written notice of the proposed rule to the	9625
appointing authorities of the affected employees thirty days	9626
before a hearing on the proposed rule. The appointing authorities	9627
shall notify the affected employees regarding the proposed rule.	9628
The director also shall send those appointing authorities notice	9629
of any final rule that is adopted within ten days after adoption.	9630

(2) When the director proposes to reclassify any employee in	9631
the service of the state so that the employee is adversely	9632
affected, the director shall give to the employee affected and to	9633
the employee's appointing authority a written notice setting forth	9634
the proposed new classification, pay range, and salary. Upon the	9635
request of any classified employee in the service of the state who	9636
is not serving in a probationary period, the director shall	9637
perform a job audit to review the classification of the employee's	9638
position to determine whether the position is properly classified.	9639
The director shall give to the employee affected and to the	9640
employee's appointing authority a written notice of the director's	9641
determination whether or not to reclassify the position or to	9642
reassign the employee to another classification. An employee or	9643
appointing authority desiring a hearing shall file a written	9644
request for the hearing with the state personnel board of review	9645
within thirty days after receiving the notice. The board shall set	9646
the matter for a hearing and notify the employee and appointing	9647
authority of the time and place of the hearing. The employee, the	9648
appointing authority, or any authorized representative of the	9649
employee who wishes to submit facts for the consideration of the	9650
board shall be afforded reasonable opportunity to do so. After the	9651
hearing, the board shall consider anew the reclassification and	9652
may order the reclassification of the employee and require the	9653
director to assign the employee to such appropriate classification	9654
as the facts and evidence warrant. As provided in division (A)(1)	9655
of section 124.03 of the Revised Code, the board may determine the	9656
most appropriate classification for the position of any employee	9657
coming before the board, with or without a job audit. The board	9658
shall disallow any reclassification or reassignment classification	9659
of any employee when it finds that changes have been made in the	9660
duties and responsibilities of any particular employee for	9661
political, religious, or other unjust reasons.	9662

(E)(1) Employees of each county department of job and family	9663
services shall be paid a salary or wage established by the board	9664
of county commissioners. The provisions of section 124.18 of the	9665
Revised Code concerning the standard work week apply to employees	9666
of county departments of job and family services. A board of	9667
county commissioners may do either of the following:	9668

(a) Notwithstanding any other section of the Revised Code,	9669
supplement the sick leave, vacation leave, personal leave, and	9670
other benefits of any employee of the county department of job and	9671
family services of that county, if the employee is eligible for	9672
the supplement under a written policy providing for the	9673
supplement;	9674

(b) Notwithstanding any other section of the Revised Code,	9675
establish alternative schedules of sick leave, vacation leave,	9676
personal leave, or other benefits for employees not inconsistent	9677
with the provisions of a collective bargaining agreement covering	9678
the affected employees.	9679

(2) Division (E)(1) of this section does not apply to	9680
employees for whom the state employment relations board	9681
establishes appropriate bargaining units pursuant to section	9682
4117.06 of the Revised Code, except in either of the following	9683
situations:	9684

(a) The employees for whom the state employment relations	9685
board establishes appropriate bargaining units elect no	9686
representative in a board-conducted representation election.	9687

(b) After the state employment relations board establishes	9688
appropriate bargaining units for such employees, all employee	9689
organizations withdraw from a representation election.	9690

(F)(1) Notwithstanding any contrary provision of sections	9691
124.01 to 124.64 of the Revised Code, the board of trustees of	9692
each state university or college, as defined in section 3345.12 of	9693
the Revised Code, shall carry out all matters of governance	9694
involving the officers and employees of the university or college,	9695
including, but not limited to, the powers, duties, and functions	9696
of the department of administrative services and the director of	9697
administrative services specified in this chapter. Officers and	9698
employees of a state university or college shall have the right of	9699
appeal to the state personnel board of review as provided in this	9700
chapter.	9701

(2) Each board of trustees shall adopt rules under section	9702
111.15 of the Revised Code to carry out the matters of governance	9703
described in division (F)(1) of this section. Until the board of	9704
trustees adopts those rules, a state university or college shall	9705
continue to operate pursuant to the applicable rules adopted by	9706
the director of administrative services under this chapter.	9707

(G)(1) Each board of county commissioners may, by a	9708
resolution adopted by a majority of its members, establish a	9709
county personnel department to exercise the powers, duties, and	9710
functions specified in division (G) of this section. As used in	9711
division (G) of this section, "county personnel department" means	9712
a county personnel department established by a board of county	9713
commissioners under division (G)(1) of this section.	9714

(2)(a) Each board of county commissioners, by a resolution	9715
adopted by a majority of its members, may designate the county	9716
personnel department of the county to exercise the powers, duties,	9717
and functions specified in sections 124.01 to 124.64 and Chapter	9718
325. of the Revised Code with regard to employees in the service	9719
of the county, except for the powers and duties of the state	9720
personnel board of review, which powers and duties shall not be	9721
construed as having been modified or diminished in any manner by	9722
division (G)(2) of this section, with respect to the employees for	9723
whom the board of county commissioners is the appointing authority	9724
or co-appointing authority.	9725

(b) Nothing in division (G)(2) of this section shall be	9726
construed to limit the right of any employee who possesses the	9727
right of appeal to the state personnel board of review to continue	9728
to possess that right of appeal.	9729

(c) Any board of county commissioners that has established a	9730
county personnel department may contract with the department of	9731
administrative services, in accordance with division (H) of this	9732
section, another political subdivision, or an appropriate public	9733
or private entity to provide competitive testing services or other	9734
appropriate services.	9735

(3) After the county personnel department of a county has	9736
been established as described in division (G)(2) of this section,	9737
any elected official, board, agency, or other appointing authority	9738
of that county, upon written notification to the county personnel	9739
department, may elect to use the services and facilities of the	9740
county personnel department. Upon receipt of the notification by	9741
the county personnel department, the county personnel department	9742
shall exercise the powers, duties, and functions as described in	9743
division (G)(2) of this section with respect to the employees of	9744
that elected official, board, agency, or other appointing	9745
authority.	9746

(4) Each board of county commissioners, by a resolution	9747
adopted by a majority of its members, may disband the county	9748
personnel department.	9749

(5) Any elected official, board, agency, or appointing	9750
authority of a county may end its involvement with a county	9751
personnel department upon actual receipt by the department of a	9752
certified copy of the notification that contains the decision to	9753
no longer participate.	9754

(6) A county personnel department, in carrying out its	9755
duties, shall adhere to merit system principles with regard to	9756
employees of county departments of job and family services, child	9757
support enforcement agencies, and public child welfare agencies so	9758
that there is no threatened loss of federal funding for these	9759
agencies, and the county is financially liable to the state for	9760
any loss of federal funds due to the action or inaction of the	9761
county personnel department.	9762

(H) County agencies may contract with the department of	9763
administrative services for any human resources services,	9764
including, but not limited to, establishment and modification of	9765
job classification plans, competitive testing services, and	9766
periodic audits and reviews of the county's uniform application of	9767
the powers, duties, and functions specified in sections 124.01 to	9768
124.64 and Chapter 325. of the Revised Code with regard to	9769
employees in the service of the county. Nothing in this division	9770
modifies the powers and duties of the state personnel board of	9771
review with respect to employees in the service of the county.	9772
Nothing in this division limits the right of any employee who	9773
possesses the right of appeal to the state personnel board of	9774
review to continue to possess that right of appeal.	9775

(I) The director of administrative services shall establish	9776
the rate and method of compensation for all employees who are paid	9777
directly by warrant of the director of budget and management and	9778
who are serving in positions that the director of administrative	9779
services has determined impracticable to include in the state job	9780
classification plan. This division does not apply to elected	9781
officials, legislative employees, employees of the legislative	9782
service commission, employees who are in the unclassified civil	9783
service and exempt from collective bargaining coverage in the	9784
office of the secretary of state, auditor of state, treasurer of	9785
state, and attorney general, employees of the courts, employees of	9786
the bureau of workers' compensation whose compensation the	9787
administrator of workers' compensation establishes under division	9788
(B) of section 4121.121 of the Revised Code, or employees of an	9789
appointing authority authorized by law to fix the compensation of	9790
those employees.	9791

(J) The director of administrative services shall set the	9792
rate of compensation for all intermittent, seasonal, temporary,	9793
emergency, and casual employees in the service of the state who	9794
are not considered public employees under section 4117.01 of the	9795
Revised Code. Those employees are not entitled to receive employee	9796
benefits. This rate of compensation shall be equitable in terms of	9797
the rate of employees serving in the same or similar	9798
classifications. This division does not apply to elected	9799
officials, legislative employees, employees of the legislative	9800
service commission, employees who are in the unclassified civil	9801
service and exempt from collective bargaining coverage in the	9802
office of the secretary of state, auditor of state, treasurer of	9803
state, and attorney general, employees of the courts, employees of	9804
the bureau of workers' compensation whose compensation the	9805
administrator establishes under division (B) of section 4121.121	9806
of the Revised Code, or employees of an appointing authority	9807
authorized by law to fix the compensation of those employees.	9808

Sec. 124.18. (A) Forty hours shall be the standard work week	9809
for all employees whose salary or wage is paid in whole or in part	9810
by the state or by any state-supported college or university. When	9811
any employee whose salary or wage is paid in whole or in part by	9812
the state or by any state-supported college or university is	9813
required by an authorized administrative authority to be in an	9814
active pay status more than forty hours in any calendar week, the	9815
employee shall be compensated for such time over forty hours,	9816
except as otherwise provided in this section, at one and one-half	9817
times the employee's regular rate of pay. The use of sick leave or	9818
any leave used in lieu of sick leave shall not be considered to be	9819
active pay status for the purposes of earning overtime or	9820
compensatory time by employees whose wages are paid directly by	9821
warrant of the director of budget and management. A flexible-hours	9822
employee is not entitled to compensation for overtime work unless	9823
the employee's authorized administrative authority required the	9824
employee to be in active pay status for more than forty hours in a	9825
calendar week, regardless of the number of hours the employee	9826
works on any day in the same calendar week.	9827

Such compensation for overtime work shall be paid no later	9828
than at the conclusion of the next succeeding pay period.	9829

If the employee elects to take compensatory time off in lieu	9830
of overtime pay for any overtime worked, such compensatory time	9831
shall be granted by the employee's administrative superior, on a	9832
time and one-half basis, at a time mutually convenient to the	9833
employee and the administrative superior. Compensatory time is not	9834
available for use until it appears on the employee's earning	9835
statement and the compensation described in the earning statement	9836
is available to the employee.	9837

An employee may accrue compensatory time to a maximum of two	9838
hundred forty hours, except that public safety employees and other	9839
employees who meet the criteria established in the "Federal Fair	9840
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	9841
as amended, may accrue a maximum of four hundred eighty hours of	9842
compensatory time. An employee shall be paid at the employee's	9843
regular rate of pay for any hours of compensatory time accrued in	9844
excess of these maximum amounts if the employee has not used the	9845
compensatory time within three hundred sixty-five days after it is	9846
granted, if the employee transfers to another agency of the state,	9847
or if a change in the employee's status exempts the employee from	9848
the payment of overtime compensation. Upon the termination of	9849
employment, any employee with accrued but unused compensatory time	9850
shall be paid for that time at a rate that is the greater of the	9851
employee's final regular rate of pay or the employee's average	9852
regular rate of pay during the employee's last three years of	9853
employment with the state.	9854

No overtime, as described in this section, can be paid unless	9855
it has been authorized by the authorized administrative authority.	9856
Employees may be exempted from the payment of compensation as	9857
required by this section only under the criteria for exemption	9858
from the payment of overtime compensation established in the	9859
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9860
U.S.C.A. 207, 213, as amended. With the approval of the director	9861
of administrative services, the appointing authority may establish	9862
a policy to grant compensatory time or to pay compensation to	9863
~~state~~ employees in the service of the state who are exempt from	9864
overtime compensation. With the approval of the board of county	9865
commissioners, a county human services department may establish a	9866
policy to grant compensatory time or to pay compensation to	9867
employees of the department who are exempt from overtime	9868
compensation.	9869

(B)(1) An employee, whose salary or wage is paid in whole or	9870
in part by the state, shall be paid for the holidays declared in	9871
section 124.19 of the Revised Code and shall not be required to	9872
work on those holidays, unless, in the opinion of the employee's	9873
responsible administrative authority, failure to work on those	9874
holidays would impair the public service.	9875

(2) An employee paid directly by warrant of the director of	9876
budget and management who is scheduled to work on the first day of	9877
January, the commemoration of memorial day, the fourth day of	9878
July, the fourth Thursday in November, or the twenty-fifth day of	9879
December and who does not report to work the day before, the day	9880
of, or the day after the holiday due to an illness of the employee	9881
or of a member of the employee's immediate family shall not	9882
receive holiday pay as provided by this division, unless the	9883
employee can provide documentation of extenuating circumstances	9884
that prohibited the employee from so reporting to work. If the	9885
employee works a shift between the employee's scheduled shift and	9886
the holiday, the employee shall be paid for the holiday.	9887

(3) An employee also shall not be paid for a holiday unless	9888
the employee was in active pay status on the scheduled work day	9889
immediately preceding the holiday, except that an employee need	9890
not be in active pay status on that work day in order to be paid	9891
for the holiday if the employee is participating in a mandatory or	9892
voluntary cost savings day under section 124.392 of the Revised	9893
Code.	9894

(4) If any of the holidays declared in section 124.19 of the	9895
Revised Code falls on Saturday, the Friday immediately preceding	9896
shall be observed as the holiday. If any of the holidays declared	9897
in section 124.19 of the Revised Code falls on Sunday, the Monday	9898
immediately succeeding shall be observed as the holiday. Employees	9899
whose work schedules are based on the requirements of a	9900
seven-days-a-week work operation shall observe holidays on the	9901
actual days specified in section 124.19 of the Revised Code.	9902

(5) If an employee's work schedule is other than Monday	9903
through Friday, the employee shall be entitled to eight hours of	9904
holiday pay for holidays observed on the employee's day off	9905
regardless of the day of the week on which they are observed.	9906

(6) A full-time permanent employee is entitled to a minimum	9907
of eight hours of pay for each holiday regardless of the	9908
employee's work shift and work schedule. A flexible-hours	9909
employee, who is normally scheduled to work in excess of eight	9910
hours on a day on which a holiday falls, either shall be required	9911
to work an alternate schedule for that week or shall receive	9912
additional holiday pay for the hours the employee is normally	9913
scheduled to work. Such an alternate schedule may require a	9914
flexible-hours employee to work five shifts consisting of eight	9915
hours each during the week including the holiday, and, in that	9916
case, the employee shall receive eight hours of holiday pay for	9917
the day the holiday is observed.	9918

(7) Except as provided under section 124.392 of the Revised	9919
Code, part-time permanent employees shall receive four hours of	9920
holiday pay regardless of the employee's work shift and work	9921
schedule.	9922

(8) When an employee who is eligible for overtime pay under	9923
this section is required by the employee's responsible	9924
administrative authority to work on the day observed as a holiday,	9925
the employee shall be entitled to pay for such time worked at one	9926
and one-half times the employee's regular rate of pay in addition	9927
to the employee's regular pay, or to be granted compensatory time	9928
off at time and one-half thereafter, at the employee's option.	9929
Payment at such rate shall be excluded in the calculation of hours	9930
in active pay status.	9931

(C) Each appointing authority may designate the number of	9932
employees in an agency who are flexible-hours employees. The	9933
appointing authority may establish for each flexible-hours	9934
employee a specified minimum number of hours to be worked each day	9935
that is consistent with the "Federal Fair Labor Standards Act of	9936
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	9937

(D) This section shall be uniformly administered for	9938
employees as defined in section 124.01 of the Revised Code and by	9939
the personnel departments of state-supported colleges and	9940
universities for employees of state-supported colleges and	9941
universities. If employees are not paid directly by warrant of the	9942
director of budget and management, the political subdivision shall	9943
determine whether the use of sick leave shall be considered to be	9944
active pay status for purposes of those employees earning overtime	9945
or compensatory time.	9946

(E) Policies relating to the payment of overtime pay or the	9947
granting of compensatory time off shall be adopted by the chief	9948
administrative officer of the house of representatives for	9949
employees of the house of representatives, by the clerk of the	9950
senate for employees of the senate, and by the director of the	9951
legislative service commission for all other legislative	9952
employees.	9953

(F) As used in this section, "regular rate of pay" means the	9954
base rate of pay an employee receives plus any pay supplements	9955
received pursuant to section 124.181 of the Revised Code.	9956

Sec. 124.30. (A) Classified positions in the civil service	9957
may be filled without competition as follows:	9958

(1) Whenever there are urgent reasons for filling a vacancy	9959
in any position in the classified civil service and the director	9960
of administrative services is unable to certify to the appointing	9961
authority, upon its request, a list of persons eligible for	9962
appointment to the position after a competitive examination, the	9963
appointing authority may fill the position by noncompetitive	9964
examination.	9965

A temporary appointment may be made without regard to the	9966
rules of sections 124.01 to 124.64 of the Revised Code. Except as	9967
otherwise provided in this division, the temporary appointment may	9968
not continue longer than one hundred twenty days, and in no case	9969
shall successive temporary appointments be made. A temporary	9970
appointment longer than one hundred twenty days may be made if	9971
necessary by reason of sickness, disability, or other approved	9972
leave of absence of regular officers or employees, in which case	9973
it may continue during the period of sickness, disability, or	9974
other approved leave of absence, subject to the rules of the	9975
director.	9976

(2) In case of a vacancy in a position in the classified	9977
civil service where peculiar and exceptional qualifications of a	9978
scientific, managerial, professional, or educational character are	9979
required, and upon satisfactory evidence that for specified	9980
reasons competition in this special case is impracticable and that	9981
the position can best be filled by a selection of some designated	9982
person of high and recognized attainments in those qualities, the	9983
director may suspend the provisions of sections 124.01 to 124.64	9984
of the Revised Code that require competition in this special case,	9985
but no suspension shall be general in its application. All such	9986
cases of suspension shall be reported in the annual report of the	9987
director with the reasons for each suspension. The director shall	9988
suspend the provisions when ~~the~~either of the following applies:	9989

(a) The director of job and family services provides the	9990
certification under section 5101.051 of the Revised Code that a	9991
position with the department of job and family services can best	9992
be filled if the provisions are suspended;	9993

(b) The medicaid director provides the certification under	9994
section 5160.051 of the Revised Code that a position with the	9995
department of medicaid can best be filled if the provisions are	9996
suspended.	9997

(3) The acceptance or refusal by an eligible person of a	9998
temporary appointment shall not affect the person's standing on	9999
the eligible list for permanent appointment, nor shall the period	10000
of temporary service be counted as a part of the probationary	10001
service in case of subsequent appointment to a permanent position.	10002

(B) Persons who receive temporary or intermittent	10003
appointments are in the unclassified civil service and serve at	10004
the pleasure of their appointing authority.	10005

Sec. 124.341. (A) If an employee in the classified or	10006
unclassified civil service becomes aware in the course of	10007
employment of a violation of state or federal statutes, rules, or	10008
regulations or the misuse of public resources, and the employee's	10009
supervisor or appointing authority has authority to correct the	10010
violation or misuse, the employee may file a written report	10011
identifying the violation or misuse with the supervisor or	10012
appointing authority. In addition to or instead of filing a	10013
written report with the supervisor or appointing authority, the	10014
employee may file a written report with the office of internal	10015
~~auditing~~audit created under section 126.45 of the Revised Code or	10016
file a complaint with the auditor of state's fraud-reporting	10017
system under section 117.103 of the Revised Code.	10018

If the employee reasonably believes that a violation or	10019
misuse of public resources is a criminal offense, the employee, in	10020
addition to or instead of filing a written report or complaint	10021
with the supervisor, appointing authority, the office of internal	10022
~~auditing~~audit, or the auditor of state's fraud-reporting system,	10023
may report it to a prosecuting attorney, director of law, village	10024
solicitor, or similar chief legal officer of a municipal	10025
corporation, to a peace officer, as defined in section 2935.01 of	10026
the Revised Code, or, if the violation or misuse of public	10027
resources is within the jurisdiction of the inspector general, to	10028
the inspector general in accordance with section 121.46 of the	10029
Revised Code. In addition to that report, if the employee	10030
reasonably believes the violation or misuse is also a violation of	10031
Chapter 102., section 2921.42, or section 2921.43 of the Revised	10032
Code, the employee may report it to the appropriate ethics	10033
commission.	10034

(B) Except as otherwise provided in division (C) of this	10035
section, no officer or employee in the classified or unclassified	10036
civil service shall take any disciplinary action against an	10037
employee in the classified or unclassified civil service for	10038
making any report or filing a complaint as authorized by division	10039
(A) of this section, including, without limitation, doing any of	10040
the following:	10041

(1) Removing or suspending the employee from employment;

10042

(2) Withholding from the employee salary increases or	10043
employee benefits to which the employee is otherwise entitled;	10044

(3) Transferring or reassigning the employee;

10045

(4) Denying the employee promotion that otherwise would have	10046
been received;	10047

(5) Reducing the employee in pay or position.

10048

(C) An employee in the classified or unclassified civil	10049
service shall make a reasonable effort to determine the accuracy	10050
of any information reported under division (A) of this section.	10051
The employee is subject to disciplinary action, including	10052
suspension or removal, as determined by the employee's appointing	10053
authority, for purposely, knowingly, or recklessly reporting false	10054
information under division (A) of this section.	10055

(D) If an appointing authority takes any disciplinary or	10056
retaliatory action against a classified or unclassified employee	10057
as a result of the employee's having filed a report or complaint	10058
under division (A) of this section, the employee's sole and	10059
exclusive remedy, notwithstanding any other provision of law, is	10060
to file an appeal with the state personnel board of review within	10061
thirty days after receiving actual notice of the appointing	10062
authority's action. If the employee files such an appeal, the	10063
board shall immediately notify the employee's appointing authority	10064
and shall hear the appeal. The board may affirm or disaffirm the	10065
action of the appointing authority or may issue any other order as	10066
is appropriate. The order of the board is appealable in accordance	10067
with Chapter 119. of the Revised Code.	10068

(E) As used in this section:

10069

(1) "Purposely," "knowingly," and "recklessly" have the same	10070
meanings as in section 2901.22 of the Revised Code.	10071

(2) "Appropriate ethics commission" has the same meaning as	10072
in section 102.01 of the Revised Code.	10073

(3) "Inspector general" means the inspector general appointed	10074
under section 121.48 of the Revised Code.	10075

Sec. 124.381. (A)(1)(a) An employee in the service of the	10076
state may be eligible to receive salary continuation not to exceed	10077
four hundred eighty hours at the employee's total rate of pay for	10078
absence as a result of injury incurred during the performance of,	10079
or arising out of, state employment. When an eligible employee's	10080
absence as a result of such an injury extends beyond four hundred	10081
eighty hours, the employee immediately becomes subject to sections	10082
124.382 and 124.385 of the Revised Code regarding sick leave and	10083
disability leave benefits.	10084

An employee is ineligible to receive salary continuation	10085
until the date of implementation is established in the rules	10086
adopted under division (C)(1) of this section.	10087

(b) Employees of the secretary of state, auditor of state,	10088
treasurer of state, attorney general, supreme court, general	10089
assembly, or legislative service commission are not subject to	10090
division (A)(1)(a) of this section unless the relevant appointing	10091
authority notifies the director of administrative services in	10092
writing of the intent to have all of the appointing authority's	10093
employees participate in salary continuation. The relevant	10094
appointing authority also may discontinue salary continuation for	10095
all of its employees by providing written notice of the	10096
discontinuation to the director.	10097

Participation in salary continuation is subject to rules	10098
adopted under division (C)(1) of this section.	10099

(2) Each employee of the department of rehabilitation and	10100
correction, the department of ~~mental health~~mental health and	10101
addiction services, the department of developmental disabilities,	10102
the department of veterans services, or the Ohio schools for the	10103
deaf and blind, and each employee of the department of youth	10104
services as established in division (A) of section 124.14 of the	10105
Revised Code who sustains a qualifying physical condition	10106
inflicted by a ward of these agencies during the time the employee	10107
is lawfully carrying out the assigned duties of the employee's	10108
position shall be paid occupational injury leave at the employee's	10109
total rate of pay during the period the employee is disabled as a	10110
result of that qualifying physical condition, but in no case to	10111
exceed nine hundred sixty hours, in lieu of workers' compensation.	10112
Pay made according to this division shall not be charged to the	10113
employee's accumulation of sick leave credit. In any case when an	10114
employee's disability as a result of such a qualifying physical	10115
condition extends beyond nine hundred sixty hours, the employee	10116
immediately becomes subject to sections 124.382 and 124.385 of the	10117
Revised Code regarding sick leave and disability leave benefits.	10118

(B) An employee who is receiving salary continuation or	10119
occupational injury leave under division (A)(1) or (2) of this	10120
section is not eligible for other paid leave, including holiday	10121
pay, while receiving benefits under either division. While an	10122
employee is receiving salary continuation or occupational injury	10123
leave under division (A)(1) or (2) of this section, vacation leave	10124
credit ceases to accrue to the employee under section 124.134 of	10125
the Revised Code, but sick leave credit and personal leave credit	10126
continue to accrue to the employee under sections 124.382 and	10127
124.386 of the Revised Code.	10128

(C)(1) The director of administrative services shall adopt	10129
rules for the administration of both the salary continuation	10130
program and the occupational injury leave program. The rules shall	10131
include, but not be limited to, provisions for determining a	10132
disability, for filing a claim for leave under this section, and	10133
for allowing or denying claims for the leave.	10134

(2) The director also may adopt rules for the payment of	10135
health benefits while an employee is on workers' compensation	10136
leave.	10137

(D) An appointing authority may apply to the director of	10138
administrative services to grant salary continuation under	10139
division (A)(1) of this section or occupational injury leave under	10140
division (A)(2) of this section to law enforcement personnel	10141
employed by the agency.	10142

Sec. 124.57. (A) No officer or employee in the classified	10143
service of the state, the several counties, cities, and city	10144
school districts of the state, or the civil service townships of	10145
the state shall directly or indirectly, orally or by letter,	10146
solicit or receive, or be in any manner concerned in soliciting or	10147
receiving, any assessment, subscription, or contribution for any	10148
political party or for any candidate for public office; nor shall	10149
any person solicit directly or indirectly, orally or by letter, or	10150
be in any manner concerned in soliciting, any such assessment,	10151
contribution, or payment from any officer or employee in the	10152
classified service of the state, the several counties, cities, or	10153
city school districts of the state, or the civil service townships	10154
of the state; nor shall any officer or employee in the classified	10155
service of the state, the several counties, cities, and city	10156
school districts of the state, or the civil service townships of	10157
the state be an officer in any political organization or take part	10158
in politics other than to vote as the officer or employee pleases	10159
and to express freely political opinions.	10160

(B)(1) Nothing in division (A) of this section prohibits an	10161
officer or employee described in that division from serving as a	10162
precinct election official under section 3501.22 of the Revised	10163
Code.	10164

(2) Nothing in division (A) of this section prohibits an	10165
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	10166
position is transferred from the unclassified civil service to the	10167
classified civil service and who also holds the office of	10168
president of a city legislative authority from completing the	10169
existing term of office as president.	10170

Sec. 124.84. (A) The department of administrative services,	10171
in consultation with the superintendent of insurance and subject	10172
to division (D) of this section, ~~shall~~may negotiate and contract	10173
with one or more insurance companies or health insuring	10174
corporations authorized to operate or do business in this state	10175
for the purchase of a policy of long-term care insurance covering	10176
all state employees who are paid directly by warrant of the	10177
director of budget and management, including elected state	10178
officials. Any policy purchased under this division shall be	10179
negotiated and entered into in accordance with the competitive	10180
selection procedures specified in Chapter 125. of the Revised	10181
Code. As used in this section, "long-term care insurance" has the	10182
same meaning as in section 3923.41 of the Revised Code.	10183

(B) Any elected state official or state employee paid	10184
directly by warrant of the director of budget and management may	10185
elect to participate in any long-term care insurance policy	10186
purchased under division (A) of this section. All or any portion	10187
of the premium charged may be paid by the state. Participation in	10188
the policy may include the dependents and family members of the	10189
elected state official or state employee.	10190

If a participant in a long-term care insurance policy leaves	10191
employment, the participant and the participant's dependents and	10192
family members may, at their election, continue to participate in	10193
a policy established under this section. The manner of payment and	10194
the portion of premium charged the participant, dependent, and	10195
family member shall be established pursuant to division (E) of	10196
this section.	10197

(C) Any long-term care insurance policy purchased under this	10198
section or section 124.841 or 145.581 of the Revised Code shall	10199
provide for all of the following with respect to the premiums	10200
charged for the policy:	10201

(1) They shall be set at the entry age of the official or	10202
employee when first covered by the policy and shall not increase	10203
except as a class during coverage under the policy.	10204

(2) They shall be based on the class of all officials or	10205
employees covered by the policy.	10206

(3) They shall continue, pursuant to section 145.581 of the	10207
Revised Code, after the retirement of the official or employee who	10208
is covered under the policy, at the rate in effect on the date of	10209
the official's or employee's retirement.	10210

(D) Prior to entering into a contract with an insurance	10211
company or health insuring corporation for the purchase of a	10212
long-term care insurance policy under this section, the department	10213
shall request the superintendent of insurance to certify the	10214
financial condition of the company or corporation. The department	10215
shall not enter into the contract if, according to that	10216
certification, the company or corporation is insolvent, is	10217
determined by the superintendent to be potentially unable to	10218
fulfill its contractual obligations, or is placed under an order	10219
of rehabilitation or conservation by a court of competent	10220
jurisdiction or under an order of supervision by the	10221
superintendent.	10222

(E) The department shall adopt rules in accordance with	10223
section 111.15 of the Revised Code governing long-term care	10224
insurance purchased under this section. All or any portion of the	10225
premium charged the participants, dependents, and family members	10226
shall be paid in such manner or combination of manners as the	10227
department determines.	10228

~~Sec. 3701.041.~~ Sec. 124.88. (A) The employee assistance program is	10229
hereby established in the department of administrative services	10230
for the purpose of referring state employees paid by warrant of	10231
the director of budget and management who are in need of medical,	10232
social, or other services to providers of those services.	10233

~~The director of health, in consultation with the director of~~	10234
~~budget and management, shall determine a rate at which the~~	10235
~~payrolls of all state agencies with employees paid by warrant of~~	10236
~~the director of budget and management shall be charged each pay~~	10237
~~period that is sufficient to cover the costs of administering the~~	10238
~~program. The rate shall be based upon the total number of such~~	10239
~~employees and may be adjusted as the director of health, in~~	10240
~~consultation with the director of budget and management, considers~~	10241
~~necessary. All money collected from the assessment shall be~~	10242
~~deposited in the state treasury to the credit of the employee~~	10243
~~assistance general services fund, which is hereby created. The~~	10244
~~fund shall be used by the director of health to administer the~~	10245
~~program.~~	10246

(B) Records of the identity, diagnosis, prognosis, or	10247
treatment of any person that are maintained in connection with the	10248
employee assistance program created in division (A) of this	10249
section are not public records under section 149.43 of the Revised	10250
Code and shall be disclosed only as provided in division (C) of	10251
this section.	10252

(C)(1) Records described in division (B) of this section may	10253
be disclosed with the prior written consent of the person who is	10254
the subject of the record.	10255

(2) Records described in division (B) of this section may be	10256
disclosed with or without the prior written consent of the person	10257
who is the subject of the record under the following conditions:	10258

(a) To medical personnel to the extent necessary to meet a	10259
bona fide medical emergency;	10260

(b) To qualified personnel for the purpose of conducting	10261
scientific research, management audits, financial audits, or	10262
program evaluation, but the personnel shall not directly or	10263
indirectly identify any person who is the subject of the record in	10264
any report of the research, audit, or evaluation or in any other	10265
manner;	10266

(c) If authorized by an appropriate order of a court of	10267
competent jurisdiction granted after a showing of good cause. In	10268
determining good cause, the court shall weigh the public interest	10269
and the need for disclosure against injury to the person who is	10270
the subject of the record and to the employee assistance program.	10271
Upon granting such an order, the court shall, in determining the	10272
extent to which the disclosure of all or any part of any record is	10273
necessary, impose appropriate safeguards against unauthorized	10274
disclosure.	10275

(D) Except as authorized by a court order described in	10276
division (C)(2)(c) of this section, no record described in	10277
division (B) of this section may be used to initiate or	10278
substantiate criminal charges against the person who is the	10279
subject of the record or to conduct any investigation of such a	10280
person.	10281

Sec. 125.05. Except as provided in division (F) of this	10282
section, no state agency shall purchase any supplies or services	10283
except as provided in divisions (A) to (D) of this section.	10284

(A) Subject to division (E) of this section, a state agency	10285
may, without competitive selection, make any purchase of supplies	10286
or services that cost twenty-five thousand dollars or less. The	10287
agency may make the purchase directly or may make the purchase	10288
from or through the department of administrative services,	10289
whichever the agency determines. The agency shall adopt written	10290
procedures consistent with the department's purchasing procedures	10291
and shall use those procedures when making purchases under this	10292
division.	10293

(B) Subject to division (E) of this section and in accordance	10294
with section 125.051 of the Revised Code, a state agency may make	10295
purchases of supplies and services that cost more than twenty-five	10296
thousand dollars but less than fifty thousand dollars if the	10297
purchases are made under the direction of an employee of the	10298
agency who is certified by the department to make purchases and if	10299
the purchases comply with the department's purchasing procedures.	10300
Section 127.16 of the Revised Code does not apply to purchases	10301
made under this division. Until the certification effective date	10302
established by the department in rules adopted under section	10303
125.051 of the Revised Code, state agencies may make purchases of	10304
supplies and services that cost more than twenty-five thousand	10305
dollars but less than fifty thousand dollars in the same manner as	10306
provided in division (A) of this section.	10307

(C) Subject to division (E) of this section, a state agency	10308
wanting to purchase supplies or services that cost more than	10309
twenty-five thousand dollars shall, unless otherwise authorized by	10310
law, make the purchase from or through the department. The	10311
department shall make the purchase by competitive selection. If	10312
the director of administrative services determines that it is not	10313
possible or not advantageous to the state for the department to	10314
make the purchase, the department shall grant the agency a release	10315
and permit under section 125.06 of the Revised Code to make the	10316
purchase. Section 127.16 of the Revised Code does not apply to	10317
purchases the department makes under this section.	10318

(D) An agency that has been granted a release and permit to	10319
make a purchase may make the purchase without competitive	10320
selection if after making the purchase the cumulative purchase	10321
threshold as computed under division (E) of section 127.16 of the	10322
Revised Code would:	10323

(1) Be exceeded and the controlling board approves the	10324
purchase;	10325

(2) Not be exceeded and the department of administrative	10326
services approves the purchase.	10327

(E) Not later than the thirty-first day of January of each	10328
even-numbered year, the directors of administrative services and	10329
budget and management shall review and recommend to the general	10330
assembly, if necessary, adjustments to the amounts specified in	10331
divisions (A) to (C) of this section and division (B) of section	10332
127.16 of the Revised Code.	10333

(F) If ~~the eTech Ohio commission,~~ the department of	10334
education, or the Ohio education computer network determines that	10335
it can purchase software services or supplies for specified school	10336
districts at a price less than the price for which the districts	10337
could purchase the same software services or supplies for	10338
themselves, the ~~commission,~~ department, or network shall certify	10339
that fact to the department of administrative services and, acting	10340
as an agent for the specified school districts, shall make that	10341
purchase without following the provisions in divisions (A) to (D)	10342
of this section.	10343

Sec. 125.21. The director of administrative services shall	10344
process payroll information for the purpose of payment for	10345
personal services of state officials and employees on the basis of	10346
rates of pay determined by pertinent law, the director, or other	10347
competent authority.	10348

Calculation of payrolls may be made after the conclusion of	10349
each pay period based upon the amount of time served as certified	10350
by the appropriate appointing authority. Payment for personal	10351
service rendered by an official or employee during any pay period	10352
shall be made no later than at the conclusion of the official's or	10353
employee's next succeeding pay period.	10354

The director of administrative services shall furnish to the	10355
director of budget and management all necessary data for drawing	10356
state official and employee pay warrants and preparing earning	10357
statements. These data shall include the rate at which paid; the	10358
time for which paid, including overtime and any other adjustments	10359
affecting the official's or employee's gross pay; all taxes	10360
withheld, including, whenever practicable, year-to-date figures on	10361
all taxes withheld; the amount of contribution to the appropriate	10362
retirement system; any voluntary deductions made in accordance	10363
with authorizations filed by the official or employee; and whether	10364
a direct deposit is to be made in accordance with an authorization	10365
filed by the official or employee.	10366

Amounts deducted from the salaries or wages of all officials	10367
and employees shall be transferred to the payroll ~~withholding~~	10368
deduction fund, which is hereby created in the state treasury for	10369
the purpose of consolidating all such deductions made in any	10370
month. Payments from this fund shall be made at intervals for the	10371
intended purpose of the deduction or for refund where it is	10372
determined that deductions were made in error.	10373

Sec. 125.212. The life insurance investment fund is hereby	10374
created in the state treasury. The fund shall consist of amounts	10375
from ~~the payroll withholding fund created by section 125.21 of~~	10376
~~the Revised Code~~state agencies, life insurance premium refunds	10377
received by the state, and other receipts related to the state's	10378
life insurance benefit program. The fund shall be used to pay the	10379
costs of the state's life insurance benefit program. All	10380
investment earnings of the life insurance investment fund shall be	10381
credited to the fund.	10382

Sec. 125.27. (A) There is hereby created in the state	10383
treasury the building improvement fund. The fund shall retain the	10384
interest earned.	10385

(B) The fund shall consist of any payments made by intrastate	10386
transfer voucher from the appropriation item for office building	10387
operating payments.	10388

(C) The fund shall be used for major maintenance or	10389
improvements required in the James A. Rhodes or Frank J. Lausche	10390
state office tower, Toledo government center, Senator Oliver R.	10391
Ocasek government office building, and Vern Riffe center for	10392
government and the arts.	10393

Sec. 125.28. (A)(1) Each state agency that is supported in	10394
whole or in part by nongeneral revenue fund money and that	10395
occupies space in the James A. Rhodes or Frank J. Lausche state	10396
office tower, Toledo government center, Senator Oliver R. Ocasek	10397
government office building, Vern Riffe center for government and	10398
the arts, capitol square, or governor's mansion shall reimburse	10399
the general revenue fund for the cost of occupying the space in	10400
the ratio that the occupied space in each facility attributable to	10401
the nongeneral revenue fund money bears to the total space	10402
occupied by the state agency in the facility.	10403

(2) All agencies that occupy space in the old blind school or	10404
that occupy warehouse space in the general services facility shall	10405
reimburse the department of administrative services for the cost	10406
of occupying the space. The director of administrative services	10407
shall determine the amount of debt service, if any, to be charged	10408
to building tenants and shall collect reimbursements for it.	10409

(3) Each agency that is supported in whole or in part by	10410
nongeneral revenue fund money and that occupies space in any other	10411
facility or facilities owned and maintained by the department of	10412
administrative services or space in the general services facility	10413
other than warehouse space shall reimburse the department for the	10414
cost of occupying the space, including debt service, if any, in	10415
the ratio that the occupied space in each facility attributable to	10416
the nongeneral revenue fund money bears to the total space	10417
occupied by the state agency in the facility.	10418

(B) The director of administrative services may provide	10419
building maintenance services and ~~skilled trades~~minor	10420
construction project management services to any state agency	10421
~~occupying space in a facility that is not owned by the department~~	10422
~~of administrative services~~ and may collect reimbursements for the	10423
cost of providing those services.	10424

(C) All money collected by the department of administrative	10425
services for operating expenses of facilities owned or maintained	10426
by the department shall be deposited into the state treasury to	10427
the credit of the building management fund, which is hereby	10428
created, or to the credit of the building operation fund, which is	10429
hereby created. All money collected by the department for ~~skilled~~	10430
~~trades~~minor construction project management services shall be	10431
deposited into the state treasury to the credit of the ~~skilled~~	10432
~~trades~~minor construction project management fund, which is hereby	10433
created. All money collected for debt service shall be deposited	10434
into the general revenue fund.	10435

(D) The director of administrative services shall determine	10436
the reimbursable cost of space in state-owned or state-leased	10437
facilities and shall collect reimbursements for that cost.	10438

Sec. 125.602. (A) The department of developmental	10439
disabilities, the department of ~~mental health~~mental health and	10440
addiction services, the department of job and family services, the	10441
~~rehabilitation services commission~~opportunities for Ohioans with	10442
disabilities agency, and any other state or governmental agency or	10443
community rehabilitation program responsible for the provision of	10444
rehabilitation and vocational educational services to persons with	10445
work-limiting disabilities may, through written agreement,	10446
cooperate in providing resources to the department of	10447
administrative services for the operation of the office of	10448
procurement from community rehabilitation programs. These	10449
resources may include, but are not limited to, leadership and	10450
assistance in dealing with the societal aspects of meeting the	10451
needs of persons with work-limiting disabilities.	10452

(B) The office and all governmental entities that administer	10453
socioeconomic programs may enter into contractual agreements,	10454
cooperative working relationships, or other arrangements that are	10455
necessary for effective coordination and realization of the	10456
objectives of these entities.	10457

Sec. 125.603. (A) The office of procurement from community	10458
rehabilitation programs shall do the following in addition to	10459
other duties specified in sections 125.60 to 125.6012 of the	10460
Revised Code:	10461

(1) Establish, maintain, and periodically update a	10462
procurement list of approved supplies and services available from	10463
qualified nonprofit agencies;	10464

(2) Monitor the procurement practices of government ordering	10465
offices to ensure compliance with sections 125.60 to 125.6012 of	10466
the Revised Code;	10467

(3) In cooperation with qualified nonprofit agencies,	10468
government ordering offices, the department of developmental	10469
disabilities, the department of ~~mental health~~mental health and	10470
addiction services, the department of job and family services, and	10471
the ~~rehabilitation services commission~~opportunities for Ohioans	10472
with disabilities agency, develop and recommend to the director of	10473
administrative services rules the director shall adopt in	10474
accordance with Chapter 119. of the Revised Code for the effective	10475
and efficient administration of sections 125.60 to 125.6012 of the	10476
Revised Code;	10477

(4) Prepare a report of its activities by the last day of	10478
December of each year. The report shall be posted electronically	10479
on the office's web site.	10480

(B) The office of procurement from community rehabilitation	10481
programs may enter into contractual agreements and establish pilot	10482
programs to further the objectives of sections 125.60 to 125.6012	10483
of the Revised Code.	10484

Sec. 125.832. (A) The department of administrative services	10485
is granted exclusive authority over the acquisition and management	10486
of all motor vehicles used by state agencies. In carrying out this	10487
authority, the department shall do both of the following:	10488

(1) Approve the purchase or lease of each motor vehicle for	10489
use by a state agency. The department shall decide if a motor	10490
vehicle shall be leased or purchased for that use.	10491

Except as otherwise provided in division (A)(1) of this	10492
section, on and after July 1, 2005, each state agency shall	10493
acquire all passenger motor vehicles under the department's master	10494
leasing program. If the department determines that acquisition	10495
under that program is not the most economical method and if the	10496
department and the state agency acquiring the passenger motor	10497
vehicle can provide economic justification for doing so, the	10498
department may approve the purchase, rather than the lease, of a	10499
passenger motor vehicle for the acquiring state agency.	10500

(2) Direct and approve all funds that are expended for the	10501
purchase, lease, repair, maintenance, registration, insuring, and	10502
other costs related to the possession and operation of motor	10503
vehicles for the use of state agencies.	10504

(B) The director of administrative services shall establish	10505
and operate a fleet management program. The director shall operate	10506
the program for purposes including, but not limited to,	10507
cost-effective acquisition, maintenance, management, analysis, and	10508
disposal of all motor vehicles owned or leased by the state. All	10509
state agencies shall comply with statewide fleet management	10510
policies and procedures established by the director for the	10511
program, including, but not limited to, motor vehicle assignments,	10512
additions of motor vehicles to fleets or motor vehicle	10513
replacements, motor vehicle fueling, and motor vehicle repairs.	10514

(C) The director shall establish and maintain a fleet	10515
reporting system and shall require state agencies to submit to the	10516
department information relative to state motor vehicles, including	10517
motor vehicles described in division (G)(2) of section 125.831 of	10518
the Revised Code, to be used in operating the fleet management	10519
program. State agencies shall provide to the department fleet data	10520
and other information, including, but not limited to, mileage and	10521
costs. The data and other information shall be submitted in	10522
formats and in a manner determined by the department.	10523

(D) All state agency purchases or leases of motor vehicles	10524
are subject to the prior approval of the director under division	10525
(A)(1) of this section.	10526

(E) State agencies that utilize state motor vehicles or pay	10527
mileage reimbursements to employees shall provide a fleet plan to	10528
the department as directed by the department.	10529

(F)(1) The fleets of state agencies that consist of one	10530
hundred or less vehicles on July 1, 2004, shall be managed by the	10531
department's fleet management program on a time schedule	10532
determined by the department, unless the state agency has received	10533
delegated authority as described in division (G) of this section.	10534

(2) The fleets of state agencies that consist of greater than	10535
one hundred motor vehicles, but less than five hundred motor	10536
vehicles, on July 1, 2005, also shall be managed by the	10537
department's fleet management program on a time schedule	10538
determined by the department, unless the state agency has received	10539
delegated authority as described in division (G) of this section.	10540

(G)(1) The department may delegate any or all of its duties	10541
regarding fleet management to a state agency, if the state agency	10542
demonstrates to the satisfaction of the department both of the	10543
following:	10544

(a) Capabilities to institute and manage a fleet management	10545
program, including, but not limited to, the presence of a	10546
certified fleet manager;	10547

(b) Fleet management performance, as demonstrated by fleet	10548
data and other information submitted pursuant to annual reporting	10549
requirements and any other criteria the department considers	10550
necessary in evaluating the performance.	10551

(2) The department may determine that a state agency is not	10552
in compliance with this section and direct that the agency's fleet	10553
management duties be transferred to the department.	10554

(H) The proceeds derived from the disposition of any motor	10555
vehicles under this section shall be paid to whichever of the	10556
following applies:	10557

(1) The fund that originally provided moneys for the purchase	10558
or lease of the motor vehicles;	10559

(2) If the motor vehicles were originally purchased with	10560
moneys derived from the general revenue fund, the proceeds shall	10561
be deposited, in the director's discretion, into the state	10562
treasury to the credit of either the fleet management fund created	10563
by section 125.83 of the Revised Code or the investment recovery	10564
fund created by section 125.14 of the Revised Code.	10565

(I)(1) The department shall create and maintain a certified	10566
fleet manager program.	10567

(2) State agencies that have received delegated authority as	10568
described in division (G) of this section shall have a certified	10569
fleet manager.	10570

(J) The department annually shall prepare and submit a	10571
statewide fleet report to the governor, the speaker of the house	10572
of representatives, and the president of the senate. The report	10573
shall be submitted not later than the thirty-first day of January	10574
following the end of each fiscal year. It may include, but is not	10575
limited to, the numbers and types of motor vehicles, their	10576
mileage, miles per gallon, and cost per mile, mileage	10577
reimbursements, accident and insurance data, and information	10578
regarding compliance by state agencies having delegated authority	10579
under division (G) of this section with applicable fleet	10580
management requirements.	10581

(K) The director shall adopt rules for implementing the fleet	10582
management program that are consistent with recognized best	10583
practices. The program shall be supported by reasonable fee	10584
charges for the services provided. The director shall collect	10585
these fees and deposit them into the state treasury to the credit	10586
for the fleet management fund created by section 125.83 of the	10587
Revised Code. The setting and collection of fees under this	10588
division is not subject to any restriction imposed by law upon the	10589
director's or the department's authority to set or collect fees.	10590

(L) The director also shall adopt rules that prohibit, except	10591
in very limited circumstances, the exclusive assignment of	10592
state-owned, leased, or pooled motor vehicles to state employees	10593
and that prohibit the reimbursement under section 126.31 of the	10594
Revised Code of state employees who use their own motor vehicles	10595
for any mileage they incur above an amount that the department	10596
shall determine annually unless reimbursement for the excess	10597
mileage is approved by the department in accordance with standards	10598
for that approval the director shall establish in those rules.	10599
Beginning on September 26, 2003, no state-owned, leased, or pooled	10600
motor vehicle shall be personally assigned as any form of	10601
compensation or benefit of state employment, and no state-owned,	10602
leased, or pooled motor vehicle shall be assigned to an employee	10603
solely for commuting to and from home and work.	10604

(M) The director shall do both of the following:

10605

(1) Implement to the greatest extent possible the	10606
recommendations from the 2002 report entitled "Administrative	10607
Analysis of the Ohio Fleet Management Program" in connection with	10608
the authority granted to the department by this section;	10609

(2) Attempt to reduce the number of passenger vehicles used	10610
by state agencies during the fiscal years ending on June 30, 2004,	10611
and June 30, 2005.	10612

(N) Each state agency shall reimburse the department for all	10613
costs incurred in the assignment of motor vehicles to the state	10614
agency.	10615

(O) The director shall do all of the following in managing	10616
the fleet management program:	10617

(1) Determine how motor vehicles will be maintained, insured,	10618
operated, financed, and licensed;	10619

(2) Pursuant to the formula in division (O)(3) of this	10620
section, annually establish the minimum number of business miles	10621
per year an employee of a state agency must drive in order to	10622
qualify for approval by the department to receive a motor vehicle	10623
for business use;	10624

(3) Establish the minimum number of business miles per year	10625
at an amount that results when the annual motor vehicle cost is	10626
divided by the amount that is the reimbursement rate per mile	10627
minus the amount that is the sum of the fuel cost, the operating	10628
cost, and the insurance cost. As used in this division:	10629

(a) "Annual motor vehicle cost" means the price of a motor	10630
vehicle divided by the number of years an average motor vehicle is	10631
used.	10632

(b) "Fuel cost" means the average price per gallon of motor	10633
fuel divided by the miles per gallon fuel efficiency of a motor	10634
vehicle.	10635

(c) "Insurance cost" means the cost of insuring a motor	10636
vehicle per year divided by the number of miles an average motor	10637
vehicle is driven per year.	10638

(d) "Operating cost" means the maintenance cost of a motor	10639
vehicle per year divided by the product resulting when the number	10640
of miles an average motor vehicle is driven per year is multiplied	10641
by the number of years an average motor vehicle is used.	10642

(e) "Reimbursement rate per mile" means the reimbursement per	10643
mile rate for travel expenses as provided by rule of the director	10644
of budget and management adopted under division (B) of section	10645
126.31 of the Revised Code.	10646

~~(P)(1) Not later than the fifteenth day of September of each~~	10647
~~year, each state institution of higher education shall report to~~	10648
~~the department on all of the following topics relating to motor~~	10649
~~vehicles that the institution acquires and manages:~~	10650

~~(a) The methods it uses to track the motor vehicles;~~

10651

~~(b) Whether or not it uses a fuel card program to purchase~~	10652
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	10653

~~(c) Whether or not it makes bulk purchases of fuel for the~~	10654
~~motor vehicles.~~	10655

~~(2) Assuming it does not use the fleet management tracking,~~	10656
~~fuel card program, and bulk fuel purchases tools and services that~~	10657
~~the department provides, the report of a state institution of~~	10658
~~higher education required by division (P)(1) of this section also~~	10659
~~shall include both of the following:~~	10660

~~(a) An analysis of the amount the institution would save, if~~	10661
~~any, if it were to use the fleet management tracking, fuel card~~	10662
~~program, and bulk fuel purchases tools and services that the~~	10663
~~department provides instead of the fleet management system the~~	10664
~~institution regularly uses;~~	10665

~~(b) A rationale for either continuing with the fleet~~	10666
~~management system that the institution regularly uses or changing~~	10667
~~to the use of those tools and services that the department~~	10668
~~provides.~~	10669

~~(3) The department shall certify within ninety days after~~	10670
~~receipt of all reports under division (P)(1) of this section a~~	10671
~~list of those state institutions of higher education that the~~	10672
~~department determines would save amounts if they were to use the~~	10673
~~fleet management tracking, fuel card program, and bulk fuel~~	10674
~~purchases tools and services that the department provides. The~~	10675
~~institutions so certified then shall use those tools and services~~	10676
~~that the department provides until the department next certifies~~	10677
~~institutions under division (P)(3) of this section.~~	10678

Sec. 125.833. (A) There is hereby established in the	10679
department of administrative services the vehicle management	10680
commission.	10681

(B) The commission shall consist of seven members. One member	10682
shall be an officer or employee of the department of	10683
administrative services who is appointed by the director of	10684
administrative services. One member shall be an officer or	10685
employee of the department of public safety who is appointed by	10686
the director of public safety. The other members shall be two	10687
members of the house of representatives appointed by the speaker	10688
of the house of representatives, two members of the senate	10689
appointed by the president of the senate, and one person with	10690
experience in the vehicle leasing, purchasing, and maintenance	10691
industry in this state appointed by the governor and serving at	10692
the governor's pleasure. The governor shall appoint the	10693
commission's chairperson.	10694

Initial appointments of the members to the commission shall	10695
be made by October 1, 2013, in the manner prescribed in this	10696
section. The initial meeting of the commission shall be held on	10697
that date and twice annually thereafter each year. After the	10698
initial appointments, appointments of legislative members to the	10699
commission shall be made within fifteen days after the	10700
commencement of the first regular session of the general assembly	10701
in the manner prescribed in this section. The terms of legislative	10702
members on the commission shall be for the duration of the session	10703
of the general assembly in which they are appointed. Members shall	10704
continue to serve on the commission until the appointments are	10705
made in the following session of the general assembly, unless they	10706
cease to be members of the general assembly. A vacancy on the	10707
commission shall be filled for the unexpired term in the same	10708
manner as the original appointment.	10709

(C) The commission shall periodically review the	10710
implementation of the fleet management program by the department	10711
of administrative services under section 125.832 of the Revised	10712
Code and may recommend to the department and the general assembly	10713
modifications to the department's procedures and functions and	10714
other statutory changes.	10715

Sec. 125.836. (A) As used in this section:

10716

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	10717
the same meanings as in section 125.831 of the Revised Code.	10718

(2) ~~"Credit" means a credit generated by the acquisition of~~	10719
~~alternative fueled vehicles in accordance with the "Energy Policy~~	10720
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	10721

~~(3)~~ "Incremental cost" means the difference in cost between	10722
blended biodiesel and conventional petroleum-based diesel fuel at	10723
the time the blended biodiesel is purchased.	10724

(B) ~~The department of administrative services shall establish~~	10725
~~and administer a credit banking and selling program. The~~	10726
~~department may sell or trade credits in accordance with procedures~~	10727
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	10728
~~2897, 42 U.S.C. 13258.~~	10729

~~(C)~~ There is hereby created in the state treasury the	10730
"biodiesel revolving fund," to which shall be credited ~~moneys~~	10731
~~received from the sale of credits under this section, any~~ moneys	10732
appropriated to the fund by the general assembly, and any other	10733
moneys obtained or accepted by the ~~department~~development services	10734
agency for crediting to the fund. Moneys credited to the fund	10735
shall be used to pay for the incremental cost of biodiesel for use	10736
in vehicles owned or leased by the state that use diesel fuel. The	10737
director ~~of administrative services, after consultation with the~~	10738
~~director~~ of development,services may direct the director of	10739
budget and management to transfer available moneys in the	10740
biodiesel revolving fund to the alternative fuel transportation	10741
fund created in section 122.075 of the Revised Code to be used by	10742
the ~~department of~~ development services agency for the purposes	10743
specified in that section.	10744

~~(D) The director of administrative services shall adopt rules~~	10745
~~under Chapter 119. of the Revised Code that are necessary for the~~	10746
~~administration of the credit banking and selling program.~~	10747

Sec. 126.07. Except as provided in division (B) of section	10748
126.21 of the Revised Code, no contract, agreement, or obligation	10749
involving the expenditure of money chargeable to an appropriation,	10750
nor any resolution or order for the expenditure of money	10751
chargeable to an appropriation, shall be valid and enforceable	10752
unless the director of budget and management first certifies that	10753
there is a balance in the appropriation not already obligated to	10754
pay existing obligations, in an amount at least equal to the	10755
portion of the contract, agreement, obligation, resolution, or	10756
order to be performed in the current fiscal year. Any written	10757
contract or agreement entered into by the state shall contain a	10758
clause stating that the obligations of the state are subject to	10759
this section.	10760

The chief administrative officer of a state agency is	10761
responsible for the preaudit and approval of expenditures and	10762
other transactions of the agency. In order to initiate the making	10763
of a payment from the state treasury, the person in a state agency	10764
who requests that the payment be made shall first submit to the	10765
chief administrative officer of the agency all invoices, claims,	10766
vouchers, and other documentation related to the payment. The	10767
chief administrative officer shall examine each voucher and all	10768
other documentation required to support the voucher and determine	10769
whether they meet all the requirements established by the director	10770
of budget and management for making the payment. If they do meet	10771
those requirements, the chief administrative officer shall certify	10772
to the director the approval of the chief administrative officer	10773
for payment.	10774

Prior to drawing a warrant or processing an electronic funds	10775
transfer as provided in section 126.35 of the Revised Code, the	10776
director may review and audit the voucher, any documentation	10777
accompanying the voucher, and any other documentation related to	10778
the transaction that the director may require to determine if the	10779
transaction is in accordance with law. The director shall not	10780
approve payment to be made if the director finds that there is not	10781
an unobligated balance in the appropriation for the payment, that	10782
the payment is not for a valid claim against the state that is	10783
legally due, or that insufficient documentation has been	10784
submitted. If the director does not approve payment, the director	10785
shall notify the agency of the reasons the director has not given	10786
approval.	10787

In approving payments to be made under this section, the	10788
director, upon receipt of certification from the director of job	10789
and family services pursuant to section 4141.231 of the Revised	10790
Code, shall withhold from amounts otherwise payable to a person	10791
who is the subject of the director of jobs and family services'	10792
certification, the amount certified to be due and unpaid to the	10793
director of job and family services, and shall approve for payment	10794
to the director of job and family services, the amount withheld.	10795

As used in this section and in section 126.21 of the Revised	10796
Code, "chief administrative officer" means either of the	10797
following:	10798

(A) The director of the agency or, in the case of a state	10799
agency without a director, the equivalent officer of that agency;	10800

(B) The designee of the chief administrative officer for the	10801
purposes of such sections.	10802

Sec. 126.14. The release of any money appropriated for the	10803
purchase of real estate shall be approved by the controlling	10804
board. The release of money appropriated for all other capital	10805
projects is also subject to the approval of the controlling board,	10806
except that the director of budget and management may approve the	10807
release of money appropriated for specific projects in accordance	10808
with the requirements of this section and except that the director	10809
of budget and management may approve the release of unencumbered	10810
capital balances, for a project to repair, remove, or prevent a	10811
public exigency declared to exist by the executive director of	10812
~~administrative services~~the Ohio facilities construction	10813
commission under section 123.10 of the Revised Code~~, or by the~~	10814
~~executive director of the Ohio facilities construction commission~~	10815
~~under section 123.23 of the Revised Code,~~ in the amount designated	10816
in that declaration.	10817

Within sixty days after the effective date of any act	10818
appropriating money for capital projects, the director shall	10819
determine which appropriations are for general projects and which	10820
are for specific projects. Specific projects may include specific	10821
higher education projects that are to be funded from general	10822
purpose appropriations from the higher education improvement fund	10823
or the higher education improvement taxable fund created in	10824
section 154.21 of the Revised Code. Upon determining which	10825
projects are general and which are specific, the director shall	10826
submit to the controlling board a list that includes a brief	10827
description of and the estimated expenditures for each specific	10828
project. The release of money for any specific higher education	10829
projects that are to be funded from general purpose appropriations	10830
from the higher education improvement fund or the higher education	10831
improvement taxable fund but that are not included on the list,	10832
and the release of money for any specific higher education	10833
projects included on the list that will exceed the estimated	10834
expenditures by more than ten per cent, are subject to the	10835
approval of the controlling board.	10836

The director may create new appropriation items and make	10837
transfers of appropriations to them for specific higher education	10838
projects included on the list that are to be funded from general	10839
purpose appropriations for basic renovations that are made from	10840
the higher education improvement fund or the higher education	10841
improvement taxable fund.	10842

Sec. 126.211. The director of budget and management shall	10843
not release funds to a veterans organization until the director	10844
has been advised by the director of veterans services under	10845
division (Y) of section 5902.02 of the Revised Code that the	10846
organization has submitted a satisfactory report as required by	10847
division (W) of that section.	10848

Sec. 126.32. (A) Any officer of any state agency may	10849
authorize reimbursement for travel, including the costs of	10850
transportation, for lodging, and for meals to any person who is	10851
interviewing for a position that is classified in pay range 13 or	10852
above in schedule E-1 or schedule E-1 for step seven only, or is	10853
classified in schedule E-2, of section 124.152 of the Revised	10854
Code.	10855

(B) If a person is appointed to a position listed in section	10856
121.03 of the Revised Code, to the position of chairperson of the	10857
industrial commission, adjutant general, chancellor of the Ohio	10858
board of regents, superintendent of public instruction,	10859
chairperson of the public utilities commission of Ohio, or	10860
director of the state lottery commission, to a position holding a	10861
fiduciary relationship to the governor, to a position of an	10862
appointing authority of the department of ~~mental health~~mental	10863
health and addiction services, developmental disabilities, or	10864
rehabilitation and correction, to a position of superintendent in	10865
the department of youth services, or to a position under section	10866
122.05 of the Revised Code, and if that appointment requires a	10867
permanent change of residence, the appropriate state agency may	10868
reimburse the person for the person's actual and necessary	10869
expenses, including the cost of in-transit storage of household	10870
goods and personal effects, of moving the person and members of	10871
the person's immediate family residing in the person's household,	10872
and of moving their household goods and personal effects, to the	10873
person's new location.	10874

Until that person moves the person's permanent residence to	10875
the new location, but not for a period that exceeds thirty	10876
consecutive days, the state agency may reimburse the person for	10877
the person's temporary living expenses at the new location that	10878
the person has incurred on behalf of the person and members of the	10879
person's immediate family residing in the person's household. In	10880
addition, the state agency may reimburse that person for the	10881
person's travel expenses between the new location and the person's	10882
former residence during this period for a maximum number of trips	10883
specified by rule of the director of budget and management, but	10884
the state agency shall not reimburse the person for travel	10885
expenses incurred for those trips by members of the person's	10886
immediate family. With the prior written approval of the director,	10887
the maximum thirty-day period for temporary living expenses may be	10888
extended for a person appointed to a position under section 122.05	10889
of the Revised Code.	10890

The director of development services may reimburse a person	10891
appointed to a position under section 122.05 of the Revised Code	10892
for the person's actual and necessary expenses of moving the	10893
person and members of the person's immediate family residing in	10894
the person's household back to the United States and may reimburse	10895
a person appointed to such a position for the cost of storage of	10896
household goods and personal effects of the person and the	10897
person's immediate family while the person is serving outside the	10898
United States, if the person's office outside the United States is	10899
the person's primary job location.	10900

(C) All reimbursement under division (A) or (B) of this	10901
section shall be made in the manner, and at rates that do not	10902
exceed those, provided by rule of the director of budget and	10903
management in accordance with section 111.15 of the Revised Code.	10904
Reimbursements may be made under division (B) of this section	10905
directly to the persons who incurred the expenses or directly to	10906
the providers of goods or services the persons receive, as	10907
determined by the director of budget and management.	10908

Sec. 126.35. (A) The director of budget and management shall	10909
draw warrants or process electronic funds transfers against the	10910
treasurer of state pursuant to all requests for payment that the	10911
director has approved under section 126.07 of the Revised Code.	10912

(B) Unless a cash assistance payment is to be made by	10913
electronic benefit transfer, payment by the director of budget and	10914
management to a participant in the Ohio works first program	10915
pursuant to Chapter 5107. of the Revised Code, a recipient of	10916
disability financial assistance pursuant to Chapter 5115. of the	10917
Revised Code, or a recipient of cash assistance provided under the	10918
refugee assistance program established under section 5101.49 of	10919
the Revised Code shall be made by direct deposit to the account of	10920
the participant or recipient in the financial institution	10921
designated under section 329.03 of the Revised Code. Payment by	10922
the director of budget and management to a recipient of benefits	10923
distributed through the medium of electronic benefit transfer	10924
pursuant to section 5101.33 of the Revised Code shall be by	10925
electronic benefit transfer. Payment by the director of budget and	10926
management as compensation to an employee of the state who has,	10927
pursuant to section 124.151 of the Revised Code, designated a	10928
financial institution and account for the direct deposit of such	10929
payments shall be made by direct deposit to the account of the	10930
employee. Payment to any other payee who has designated a	10931
financial institution and account for the direct deposit of such	10932
payment may be made by direct deposit to the account of the payee	10933
in the financial institution as provided in section 9.37 of the	10934
Revised Code. Accounts maintained by the director of budget and	10935
management or the director's agent in a financial institution for	10936
the purpose of effectuating payment by direct deposit or	10937
electronic benefit transfer shall be maintained in accordance with	10938
section 135.18 of the Revised Code.	10939

(C) All other payments from the state treasury shall be made	10940
by paper warrants, electronic funds transfers, or by direct	10941
deposit payable to the respective payees. The director of budget	10942
and management may mail the paper warrants to the respective	10943
payees or distribute them through other state agencies, whichever	10944
the director determines to be the better procedure.	10945

~~(D) If the average per transaction cost the director of~~	10946
~~budget and management incurs in making direct deposits for a state~~	10947
~~agency exceeds the average per transaction cost the director~~	10948
~~incurs in drawing paper warrants for all public offices during the~~	10949
~~same period of time, the director may certify the difference in~~	10950
~~cost and the number of direct deposits for the agency to the~~	10951
~~director of administrative services. The director of~~	10952
~~administrative services shall reimburse the director of budget and~~	10953
~~management for such additional costs and add the amount to the~~	10954
~~processing charge assessed upon the state agency.~~	10955

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	10956
Revised Code, "state agency" means the administrative departments	10957
listed in section 121.02 of the Revised Code, the department of	10958
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	10959
of regents, the opportunities for Ohioans with disabilities	10960
agency, the public utilities commission of Ohio, the adjutant	10961
general, and the state lottery commission.	10962

(B) The office of internal ~~auditing~~audit is hereby created	10963
in the office of budget and management to ~~conduct~~direct internal	10964
audits of state agencies or divisions of state agencies to improve	10965
their operations in the areas of risk management, internal	10966
controls, and governance. The director of budget and management,	10967
with the approval of the governor, shall appoint for the office of	10968
internal ~~auditing~~audit a chief internal auditor who meets the	10969
qualifications specified in division ~~(C)~~(E) of this section. The	10970
chief internal auditor shall serve at the director's pleasure and	10971
be responsible for the administration of the office of internal	10972
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	10973
Revised Code.	10974

(C) The office of internal ~~auditing~~audit shall conduct	10975
programs for the internal auditing of state agencies. The programs	10976
shall include an annual internal audit plan, reviewed by the state	10977
audit committee, that utilizes risk assessment techniques and	10978
identifies the specific audits to be ~~conducted~~directed during the	10979
year. The programs also shall include periodic audits of each	10980
state agency's major systems and controls, including those systems	10981
and controls pertaining to accounting, administration, and	10982
~~electronic data processing~~information technology. Upon the	10983
request of the office of internal ~~auditing~~audit, each state	10984
agency shall provide office employees access to all records and	10985
documents necessary for the performance of an internal audit.	10986

The director of budget and management shall assess a charge	10987
against each state agency for which the office of internal	10988
~~auditing~~audit conducts internal auditing programs under sections	10989
126.45 to 126.48 of the Revised Code so that the total amount of	10990
these charges is sufficient to cover the costs of the operation of	10991
the office of internal ~~auditing~~audit.	10992

(D) At the request of any other organized body, office, or	10993
agency established by the laws of the state for the exercise of	10994
any function of state government that is not described in division	10995
(A) of this section, the office of internal audit may direct an	10996
internal audit of all or part of that body, office, or agency. The	10997
office of internal audit shall charge an amount sufficient to	10998
cover the costs it incurs in relation to the requested audit.	10999

~~(C)~~(E) The chief internal auditor of the office of internal	11000
~~auditing~~audit shall hold at least a bachelor's degree and be one	11001
of the following:	11002

(1) A certified internal auditor, a certified government	11003
auditing professional, or a certified public accountant, who also	11004
has held a PA registration or a CPA certificate authorized by	11005
Chapter 4701. of the Revised Code for at least four years and has	11006
at least six years of auditing experience;	11007

(2) An auditor who has held a PA registration or a CPA	11008
certificate authorized by Chapter 4701. of the Revised Code for at	11009
least four years and has at least ten years of auditing	11010
experience.	11011

~~(D)~~(F) The chief internal auditor, subject to the direction	11012
and control of the director of budget and management, may appoint	11013
and maintain any staff necessary to carry out the duties assigned	11014
by sections 126.45 to 126.48 of the Revised Code to the office of	11015
internal ~~auditing~~audit or to the chief internal auditor.	11016

Sec. 126.46. (A)(1) There is hereby created the state audit	11017
committee, consisting of the following five members: one public	11018
member appointed by the governor; two public members appointed by	11019
the speaker of the house of representatives, one of which may be a	11020
person who is recommended by the minority leader of the house of	11021
representatives; and two public members appointed by the president	11022
of the senate, one of which may be a person who is recommended by	11023
the minority leader of the senate. Not more than two of the four	11024
members appointed by the speaker of the house of representatives	11025
and the president of the senate shall belong to or be affiliated	11026
with the same political party. The member appointed by the	11027
governor shall have the program and management expertise required	11028
to perform the duties of the committee's chairperson.	11029

Each member of the committee shall be external to the	11030
management structure of state government and shall serve a	11031
three-year term. Each term shall commence on the first day of July	11032
and end on the thirtieth day of June. Any member may continue in	11033
office subsequent to the expiration date of the member's term	11034
until the member's successor takes office or until a period of	11035
ninety days has elapsed, whichever occurs first. Members may be	11036
reappointed to serve one additional term.	11037

On ~~the effective date of the amendment of this section by~~	11038
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	11039
terms of the members shall be altered as follows:	11040

(a) The terms of the members appointed by the president shall	11041
expire on June 30, 2012.	11042

(b) The term of the member appointed by the speaker scheduled	11043
to expire on November 17, 2012, shall expire on June 30, 2013.	11044

(c) The term of the other member appointed by the speaker	11045
shall expire on June 30, 2014.	11046

(d) The term of the member appointed by the governor shall	11047
expire on June 30, 2014.	11048

The committee shall include at least one member who is a	11049
financial expert; at least one member who is an active, inactive,	11050
or retired certified public accountant; at least one member who is	11051
familiar with governmental financial accounting; at least one	11052
member who is familiar with information technology systems and	11053
services; and at least one member who is a representative of the	11054
public.	11055

Any vacancy on the committee shall be filled in the same	11056
manner as provided in this division, and, when applicable, the	11057
person appointed to fill a vacancy shall serve the remainder of	11058
the predecessor's term.	11059

(2) Members of the committee shall receive reimbursement for	11060
actual and necessary expenses incurred in the discharge of their	11061
duties.	11062

(3) The member of the committee appointed by the governor	11063
shall serve as the committee's chairperson.	11064

(4) Members of the committee shall be subject to the	11065
disclosure statement requirements of section 102.02 of the Revised	11066
Code.	11067

(B) The state audit committee shall do all of the following:

11068

(1) ~~Ensure that~~Evaluate whether the internal audits	11069
~~conducted~~directed by the office of internal ~~auditing~~audit in the	11070
office of budget and management conform to the institute of	11071
internal auditors' international ~~standards for the~~ professional	11072
~~practice of~~practices framework for internal auditing and to the	11073
institute of internal auditors' code of ethics;	11074

(2) Review and comment on the process used by the office of	11075
budget and management to prepare ~~its annual budgetary financial~~	11076
~~report and~~ the state's comprehensive annual financial report	11077
required under division (A)(9) of section 126.21 of the Revised	11078
Code;	11079

(3) Review and comment on unaudited financial statements	11080
submitted to the auditor of state and communicate with external	11081
auditors as required by government auditing standards;	11082

(4) Perform the additional functions imposed upon it by	11083
section 126.47 of the Revised Code.	11084

(C) As used in this section, "financial expert" means a	11085
person who has all of the following:	11086

(1) An understanding of generally accepted accounting	11087
principles and financial statements;	11088

(2) The ability to assess the general application of those	11089
principles in connection with accounting for estimates, accruals,	11090
and reserves;	11091

(3) Experience preparing, auditing, analyzing, or evaluating	11092
financial statements presenting accounting issues that generally	11093
are of comparable breadth and level of complexity to those likely	11094
to be presented by a state agency's financial statements, or	11095
experience actively supervising one or more persons engaged in	11096
those activities;	11097

(4) An understanding of internal controls and procedures for	11098
financial reporting; and	11099

(5) An understanding of audit committee functions.

11100

Sec. 126.47. (A) The state audit committee created by	11101
section 126.46 of the Revised Code shall ensure that the office of	11102
internal ~~auditing~~audit in the office of budget and management has	11103
an annual internal audit plan that identifies the internal audits	11104
of state agencies or divisions of state agencies scheduled for the	11105
next fiscal year. The chief internal auditor of the office of	11106
internal ~~auditing~~audit shall submit the plan to the state audit	11107
committee for review and comment before the beginning of each	11108
fiscal year. The chief internal auditor may submit a revised	11109
internal audit plan for review and comment at any time the	11110
director of budget and management believes there is reason to	11111
modify the previously submitted plan for a fiscal year.	11112

(B) To determine the state agencies or divisions of state	11113
agencies that are to be internally audited, the office of internal	11114
~~auditing~~audit, in the formulation of an annual or revised	11115
internal audit plan, and the state audit committee, in reviewing a	11116
submitted annual or revised internal audit plan, shall consider	11117
the following factors:	11118

(1) The risk for fraud, waste, or abuse of public money	11119
within an agency or division;	11120

(2) The length of time since an agency or division was last	11121
subject to an internal audit;	11122

(3) The size of an agency or division, and the amount of time	11123
and resources necessary to audit it;	11124

(4) Any other factor the state audit committee determines to	11125
be relevant.	11126

(C) All internal audits shall be ~~conducted only~~directed by	11127
employees of the office of internal ~~auditing~~audit.	11128

(D) After the conclusion of an internal audit, the chief	11129
internal auditor shall submit a preliminary report of the internal	11130
audit's findings and recommendations to the state audit committee	11131
and to the director of the state agency involved. The state agency	11132
or division of the state agency covered by the preliminary report	11133
shall be provided an opportunity to respond within thirty days	11134
after receipt of the preliminary report. The response shall	11135
include a corrective action plan for any recommendations in the	11136
preliminary report that are not disputed by the agency or	11137
division. Any response received by the office of internal ~~auditing~~	11138
audit within that thirty-day period shall be included in the	11139
office's final report of the internal audit's findings and	11140
recommendations. The final report shall be issued by the office of	11141
internal ~~auditing~~audit within thirty days after the termination	11142
of the thirty-day response period. Copies of the final report	11143
shall be submitted to the state audit committee, the governor, and	11144
the director of the state agency involved. The state audit	11145
committee shall determine an appropriate method for making the	11146
preliminary and final reports available for public inspection in a	11147
timely manner.	11148

Any suspected fraud or other illegal activity discovered by	11149
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	11150
internal audit shall be reported immediately to the state audit	11151
committee, the director of the state agency in which the fraud or	11152
illegal activity is suspected to have occurred, and the auditor of	11153
state.	11154

(E) The chief internal auditor shall prepare an annual report	11155
and submit the report to the governor, the president of the	11156
senate, the speaker of the house of representatives, and the	11157
auditor of state. The office of budget and management shall make	11158
the report available to the public by posting it on the office's	11159
web site before the first of ~~July~~August of each year.	11160

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	11161
this section, any preliminary or final report of an internal	11162
audit's findings and recommendations which is produced by the	11163
office of internal ~~auditing~~audit in the office of budget and	11164
management and all work papers of the internal audit are	11165
confidential and are not public records under section 149.43 of	11166
the Revised Code until the final report of an internal audit's	11167
findings and recommendations is submitted to the state audit	11168
committee, the governor, and the director of the state agency	11169
involved.	11170

(B) The following are not public records under section 149.43	11171
of the Revised Code:	11172

(1) An internal audit report that meets the definition of a	11173
security record under section 149.433 of the Revised Code;	11174

(2) Any information derived from a state tax return or state	11175
tax return information as permitted to be used by the office of	11176
internal audit under section 5703.21 of the Revised Code.	11177

Sec. 127.14. The controlling board may, at the request of	11178
any state agency or the director of budget and management,	11179
authorize, with respect to the provisions of any appropriation	11180
act:	11181

(A) Transfers of all or part of an appropriation within but	11182
not between state agencies, except such transfers as the director	11183
of budget and management is authorized by law to make, provided	11184
that no transfer shall be made by the director for the purpose of	11185
effecting new or changed levels of program service not authorized	11186
by the general assembly;	11187

(B) Transfers of all or part of an appropriation from one	11188
fiscal year to another;	11189

(C) Transfers of all or part of an appropriation within or	11190
between state agencies made necessary by administrative	11191
reorganization or by the abolition of an agency or part of an	11192
agency;	11193

(D) Transfers of all or part of cash balances in excess of	11194
needs from any fund of the state to the general revenue fund or to	11195
such other fund of the state to which the money would have been	11196
credited in the absence of the fund from which the transfers are	11197
authorized to be made, except that the controlling board may not	11198
authorize such transfers from the accrued leave liability fund,	11199
auto registration distribution fund, local motor vehicle license	11200
tax fund, budget stabilization fund, building improvement fund,	11201
development bond retirement fund, facilities establishment fund,	11202
gasoline excise tax fund, general revenue fund, higher education	11203
improvement fund, highway improvement bond retirement fund,	11204
highway obligations bond retirement fund, highway capital	11205
improvement fund, highway operating fund, horse racing tax fund,	11206
improvements bond retirement fund, public library fund, liquor	11207
control fund, local government fund, local transportation	11208
improvement program fund, mental health facilities improvement	11209
fund, Ohio fairs fund, parks and recreation improvement fund,	11210
public improvements bond retirement fund, school district income	11211
tax fund, state agency facilities improvement fund, state and	11212
local government highway distribution fund, state highway safety	11213
fund, state lottery fund, undivided liquor permit fund, Vietnam	11214
conflict compensation bond retirement fund, volunteer fire	11215
fighters' dependents fund, waterways safety fund, wildlife fund,	11216
workers' compensation fund, or any fund not specified in this	11217
division that the director of budget and management determines to	11218
be a bond fund or bond retirement fund;	11219

(E) Transfers of all or part of those appropriations included	11220
in the emergency purposes account of the controlling board;	11221

(F) Temporary transfers of all or part of an appropriation or	11222
other moneys into and between existing funds, or new funds, as may	11223
be established by law when needed for capital outlays for which	11224
notes or bonds will be issued;	11225

(G) Transfer or release of all or part of an appropriation to	11226
a state agency requiring controlling board approval of such	11227
transfer or release as provided by law;	11228

(H) Temporary transfer of funds included in the emergency	11229
purposes appropriation of the controlling board. Such temporary	11230
transfers may be made subject to conditions specified by the	11231
controlling board at the time temporary transfers are authorized.	11232
No transfers shall be made under this division for the purpose of	11233
effecting new or changed levels of program service not authorized	11234
by the general assembly.	11235

As used in this section, "request" means an application by a	11236
state agency or the director of budget and management seeking some	11237
action by the controlling board.	11238

When authorizing the transfer of all or part of an	11239
appropriation under this section, the controlling board may	11240
authorize the transfer to an existing appropriation item and the	11241
creation of and transfer to a new appropriation item.	11242

Whenever there is a transfer of all or part of funds included	11243
in the emergency purposes appropriation by the controlling board,	11244
pursuant to division (E) of this section, the state agency or the	11245
director of budget and management receiving such transfer shall	11246
keep a detailed record of the use of the transferred funds. At the	11247
earliest scheduled meeting of the controlling board following the	11248
accomplishment of the purposes specified in the request originally	11249
seeking the transfer, or following the total expenditure of the	11250
transferred funds for the specified purposes, the state agency or	11251
the director of budget and management shall submit a report on the	11252
expenditure of such funds to the board. The portion of any	11253
appropriation so transferred which is not required to accomplish	11254
the purposes designated in the original request to the controlling	11255
board shall be returned to the proper appropriation of the	11256
controlling board at this time.	11257

Notwithstanding any provisions of law providing for the	11258
deposit of revenues received by a state agency to the credit of a	11259
particular fund in the state treasury, whenever there is a	11260
temporary transfer of funds included in the emergency purposes	11261
appropriation of the controlling board pursuant to division (H) of	11262
this section, revenues received by any state agency receiving such	11263
a temporary transfer of funds shall, as directed by the	11264
controlling board, be transferred back to the emergency purposes	11265
appropriation.	11266

The board may delegate to the director of budget and	11267
management authority to approve transfers among items of	11268
appropriation under division (A) of this section.	11269

Sec. 127.16. (A) Upon the request of either a state agency	11270
or the director of budget and management and after the controlling	11271
board determines that an emergency or a sufficient economic reason	11272
exists, the controlling board may approve the making of a purchase	11273
without competitive selection as provided in division (B) of this	11274
section.	11275

(B) Except as otherwise provided in this section, no state	11276
agency, using money that has been appropriated to it directly,	11277
shall:	11278

(1) Make any purchase from a particular supplier, that would	11279
amount to fifty thousand dollars or more when combined with both	11280
the amount of all disbursements to the supplier during the fiscal	11281
year for purchases made by the agency and the amount of all	11282
outstanding encumbrances for purchases made by the agency from the	11283
supplier, unless the purchase is made by competitive selection or	11284
with the approval of the controlling board;	11285

(2) Lease real estate from a particular supplier, if the	11286
lease would amount to seventy-five thousand dollars or more when	11287
combined with both the amount of all disbursements to the supplier	11288
during the fiscal year for real estate leases made by the agency	11289
and the amount of all outstanding encumbrances for real estate	11290
leases made by the agency from the supplier, unless the lease is	11291
made by competitive selection or with the approval of the	11292
controlling board.	11293

(C) Any person who authorizes a purchase in violation of	11294
division (B) of this section shall be liable to the state for any	11295
state funds spent on the purchase, and the attorney general shall	11296
collect the amount from the person.	11297

(D) Nothing in division (B) of this section shall be	11298
construed as:	11299

(1) A limitation upon the authority of the director of	11300
transportation as granted in sections 5501.17, 5517.02, and	11301
5525.14 of the Revised Code;	11302

(2) Applying to medicaid provider agreements under ~~Chapter~~	11303
~~5111. of~~ the ~~Revised Code~~medicaid program;	11304

(3) Applying to the purchase of examinations from a sole	11305
supplier by a state licensing board under Title XLVII of the	11306
Revised Code;	11307

(4) Applying to entertainment contracts for the Ohio state	11308
fair entered into by the Ohio expositions commission, provided	11309
that the controlling board has given its approval to the	11310
commission to enter into such contracts and has approved a total	11311
budget amount for such contracts as agreed upon by commission	11312
action, and that the commission causes to be kept itemized records	11313
of the amounts of money spent under each contract and annually	11314
files those records with the clerk of the house of representatives	11315
and the clerk of the senate following the close of the fair;	11316

(5) Limiting the authority of the chief of the division of	11317
mineral resources management to contract for reclamation work with	11318
an operator mining adjacent land as provided in section 1513.27 of	11319
the Revised Code;	11320

(6) Applying to investment transactions and procedures of any	11321
state agency, except that the agency shall file with the board the	11322
name of any person with whom the agency contracts to make, broker,	11323
service, or otherwise manage its investments, as well as the	11324
commission, rate, or schedule of charges of such person with	11325
respect to any investment transactions to be undertaken on behalf	11326
of the agency. The filing shall be in a form and at such times as	11327
the board considers appropriate.	11328

(7) Applying to purchases made with money for the per cent	11329
for arts program established by section 3379.10 of the Revised	11330
Code;	11331

(8) Applying to purchases made by the ~~rehabilitation services~~	11332
~~commission~~opportunities for Ohioans with disabilities agency of	11333
services, or supplies, that are provided to persons with	11334
disabilities, or to purchases made by the ~~commission~~agency in	11335
connection with the eligibility determinations it makes for	11336
applicants of programs administered by the social security	11337
administration;	11338

(9) Applying to payments by the department of ~~job and family~~	11339
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	11340
Code for group health plan premiums, deductibles, coinsurance, and	11341
other cost-sharing expenses;	11342

(10) Applying to any agency of the legislative branch of the	11343
state government;	11344

(11) Applying to agreements or contracts entered into under	11345
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11346
Revised Code;	11347

(12) Applying to purchases of services by the adult parole	11348
authority under section 2967.14 of the Revised Code or by the	11349
department of youth services under section 5139.08 of the Revised	11350
Code;	11351

(13) Applying to dues or fees paid for membership in an	11352
organization or association;	11353

(14) Applying to purchases of utility services pursuant to	11354
section 9.30 of the Revised Code;	11355

(15) Applying to purchases made in accordance with rules	11356
adopted by the department of administrative services of motor	11357
vehicle, aviation, or watercraft fuel, or emergency repairs of	11358
such vehicles;	11359

(16) Applying to purchases of tickets for passenger air	11360
transportation;	11361

(17) Applying to purchases necessary to provide public	11362
notifications required by law or to provide notifications of job	11363
openings;	11364

(18) Applying to the judicial branch of state government;

11365

(19) Applying to purchases of liquor for resale by the	11366
division of liquor control;	11367

(20) Applying to purchases of motor courier and freight	11368
services made in accordance with department of administrative	11369
services rules;	11370

(21) Applying to purchases from the United States postal	11371
service and purchases of stamps and postal meter replenishment	11372
from vendors at rates established by the United States postal	11373
service;	11374

(22) Applying to purchases of books, periodicals, pamphlets,	11375
newspapers, maintenance subscriptions, and other published	11376
materials;	11377

(23) Applying to purchases from other state agencies,	11378
including state-assisted institutions of higher education or the	11379
Ohio historical society;	11380

(24) Limiting the authority of the director of environmental	11381
protection to enter into contracts under division (D) of section	11382
3745.14 of the Revised Code to conduct compliance reviews, as	11383
defined in division (A) of that section;	11384

(25) Applying to purchases from a qualified nonprofit agency	11385
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11386
the Revised Code;	11387

(26) Applying to payments by the department of job and family	11388
services to the United States department of health and human	11389
services for printing and mailing notices pertaining to the tax	11390
refund offset program of the internal revenue service of the	11391
United States department of the treasury;	11392

(27) Applying to contracts entered into by the department of	11393
developmental disabilities under section 5123.18 of the Revised	11394
Code;	11395

(28) Applying to payments made by the department of ~~mental~~	11396
~~health~~mental health and addiction services under a physician	11397
recruitment program authorized by section ~~5119.101~~5119.185 of	11398
the Revised Code;	11399

(29) Applying to contracts entered into with persons by the	11400
director of commerce for unclaimed funds collection and remittance	11401
efforts as provided in division (F) of section 169.03 of the	11402
Revised Code. The director shall keep an itemized accounting of	11403
unclaimed funds collected by those persons and amounts paid to	11404
them for their services.	11405

(30) Applying to purchases made by a state institution of	11406
higher education in accordance with the terms of a contract	11407
between the vendor and an inter-university purchasing group	11408
comprised of purchasing officers of state institutions of higher	11409
education;	11410

(31) Applying to the department of ~~job and family services'~~	11411
medicaid's purchases of health assistance services under the	11412
children's health insurance program ~~part I provided for under~~	11413
~~section 5101.50 of the Revised Code, the children's health~~	11414
~~insurance program part II provided for under section 5101.51 of~~	11415
~~the Revised Code, or the children's health insurance program part~~	11416
~~III provided for under section 5101.52 of the Revised Code~~;	11417

(32) Applying to payments by the attorney general from the	11418
reparations fund to hospitals and other emergency medical	11419
facilities for performing medical examinations to collect physical	11420
evidence pursuant to section 2907.28 of the Revised Code;	11421

(33) Applying to contracts with a contracting authority or	11422
administrative receiver under division (B) of section 5126.056 of	11423
the Revised Code;	11424

(34) Applying to purchases of goods and services by the	11425
department of veterans services in accordance with the terms of	11426
contracts entered into by the United States department of veterans	11427
affairs;	11428

(35) Applying to payments by the superintendent of the bureau	11429
of criminal identification and investigation to the federal bureau	11430
of investigation for criminal records checks pursuant to section	11431
109.572 of the Revised Code;	11432

(36) Applying to contracts entered into by the department of	11433
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	11434
the Revised Code;	11435

(37) Applying to contracts entered into under section 5160.12	11436
of the Revised Code;	11437

(38) Applying to payments to the Ohio historical society from	11438
other state agencies.	11439

(E) When determining whether a state agency has reached the	11440
cumulative purchase thresholds established in divisions (B)(1) and	11441
(2) of this section, all of the following purchases by such agency	11442
shall not be considered:	11443

(1) Purchases made through competitive selection or with	11444
controlling board approval;	11445

(2) Purchases listed in division (D) of this section;

11446

(3) For the purposes of the threshold of division (B)(1) of	11447
this section only, leases of real estate.	11448

(F) As used in this section, "competitive selection,"	11449
"purchase," "supplies," and "services" have the same meanings as	11450
in section 125.01 of the Revised Code.	11451

~~Sec. 5507.01.~~ Sec. 128.01. As used in this chapter:

11452

(A) "9-1-1 system" means a system through which individuals	11453
can request emergency service using the telephone number 9-1-1.	11454

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	11455
provides information on the nature of and the location of an	11456
emergency, and the personnel receiving the call must determine the	11457
appropriate emergency service provider to respond at that	11458
location.	11459

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	11460
providing both enhanced wireline 9-1-1 and wireless enhanced	11461
9-1-1.	11462

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	11463
the wireline telephone network, in providing wireline 9-1-1,	11464
automatically routes the call to emergency service providers that	11465
serve the location from which the call is made and immediately	11466
provides to personnel answering the 9-1-1 call information on the	11467
location and the telephone number from which the call is being	11468
made.	11469

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	11470
providing wireless 9-1-1, has the capabilities of phase I and, to	11471
the extent available, phase II enhanced 9-1-1 services as	11472
described in 47 C.F.R. 20.18 (d) to (h).	11473

(F)(1) "Wireless service" means federally licensed commercial	11474
mobile service as defined in 47 U.S.C. 332(d) and further defined	11475
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	11476
service provided by any wireless, two-way communications device,	11477
including a radio-telephone communications line used in cellular	11478
telephone service or personal communications service, a network	11479
radio access line, or any functional or competitive equivalent of	11480
such a radio-telephone communications or network radio access	11481
line.	11482

(2) Nothing in this chapter applies to paging or any service	11483
that cannot be used to call 9-1-1.	11484

(G) "Wireless service provider" means a facilities-based	11485
provider of wireless service to one or more end users in this	11486
state.	11487

(H) "Wireless 9-1-1" means the emergency calling service	11488
provided by a 9-1-1 system pursuant to a call originating in the	11489
network of a wireless service provider.	11490

(I) "Wireline 9-1-1" means the emergency calling service	11491
provided by a 9-1-1 system pursuant to a call originating in the	11492
network of a wireline service provider.	11493

(J) "Wireline service provider" means a facilities-based	11494
provider of wireline service to one or more end-users in this	11495
state.	11496

(K) "Wireline service" means basic local exchange service, as	11497
defined in section 4927.01 of the Revised Code, that is	11498
transmitted by means of interconnected wires or cables by a	11499
wireline service provider authorized by the public utilities	11500
commission.	11501

(L) "Wireline telephone network" means the selective router	11502
and data base processing systems, trunking and data wiring cross	11503
connection points at the public safety answering point, and all	11504
other voice and data components of the 9-1-1 system.	11505

(M) "Subdivision" means a county, municipal corporation,	11506
township, township fire district, joint fire district, township	11507
police district, joint police district, joint ambulance district,	11508
or joint emergency medical services district that provides	11509
emergency service within its territory, or that contracts with	11510
another municipal corporation, township, or district or with a	11511
private entity to provide such service; and a state college or	11512
university, port authority, or park district of any kind that	11513
employs law enforcement officers that act as the primary police	11514
force on the grounds of the college or university or port	11515
authority or in the parks operated by the district.	11516

(N) "Emergency service" means emergency law enforcement,	11517
firefighting, ambulance, rescue, and medical service.	11518

(O) "Emergency service provider" means the state highway	11519
patrol and an emergency service department or unit of a	11520
subdivision or that provides emergency service to a subdivision	11521
under contract with the subdivision.	11522

(P) "Public safety answering point" means a facility to which	11523
9-1-1 system calls for a specific territory are initially routed	11524
for response and where personnel respond to specific requests for	11525
emergency service by directly dispatching the appropriate	11526
emergency service provider, relaying a message to the appropriate	11527
provider, or transferring the call to the appropriate provider.	11528

(Q) "Customer premises equipment" means telecommunications	11529
equipment, including telephone instruments, on the premises of a	11530
public safety answering point that is used in answering and	11531
responding to 9-1-1 system calls.	11532

(R) "Municipal corporation in the county" includes any	11533
municipal corporation that is wholly contained in the county and	11534
each municipal corporation located in more than one county that	11535
has a greater proportion of its territory in the county to which	11536
the term refers than in any other county.	11537

(S) "Board of county commissioners" includes the legislative	11538
authority of a county established under Section 3 of Article X,	11539
Ohio Constitution, or Chapter 302. of the Revised Code.	11540

(T) "Final plan" means a final plan adopted under division	11541
(B) of section ~~5507.08~~128.08 of the Revised Code and, except as	11542
otherwise expressly provided, an amended final plan adopted under	11543
section ~~5507.12~~128.12 of the Revised Code.	11544

(U) "Subdivision served by a public safety answering point"	11545
means a subdivision that provides emergency service for any part	11546
of its territory that is located within the territory of a public	11547
safety answering point whether the subdivision provides the	11548
emergency service with its own employees or pursuant to a	11549
contract.	11550

(V) A township's population includes only population of the	11551
unincorporated portion of the township.	11552

(W) "Telephone company" means a company engaged in the	11553
business of providing local exchange telephone service by making	11554
available or furnishing access and a dial tone to persons within a	11555
local calling area for use in originating and receiving voice	11556
grade communications over a switched network operated by the	11557
provider of the service within the area and gaining access to	11558
other telecommunications services. "Telephone company" includes a	11559
wireline service provider and a wireless service provider unless	11560
otherwise expressly specified. For purposes of sections ~~5507.25~~	11561
128.25 and ~~5507.26~~128.26 of the Revised Code, "telephone company"	11562
means a wireline service provider.	11563

(X) "Prepaid wireless calling service" has the same meaning	11564
as in division (AA)(5) of section 5739.01 of the Revised Code.	11565

(Y) "Provider of a prepaid wireless calling service" means a	11566
wireless service provider that provides a prepaid wireless calling	11567
service.	11568

(Z) "Retail sale" has the same meaning as in section 5739.01	11569
of the Revised Code.	11570

(AA) "Seller" means a person that sells a prepaid wireless	11571
calling service to another person by retail sale.	11572

(BB) "Consumer" means the person for whom the prepaid	11573
wireless calling service is provided, to whom the transfer	11574
effected or license given by a sale is or is to be made or given,	11575
to whom the prepaid wireless calling service is charged, or to	11576
whom the admission is granted.	11577

(CC) "Reseller" means a nonfacilities-based provider of	11578
wireless service that provides wireless service under its own name	11579
to one or more end users in this state using the network of a	11580
wireless service provider.	11581

(DD) "Steering committee" means the statewide emergency	11582
services internet protocol network steering committee established	11583
by division (A)(1) of section 128.02 of the Revised Code.	11584

~~Sec. 5507.02.~~ Sec. 128.02. (A)(1) There is hereby created the	11585
statewide emergency services internet protocol network steering	11586
committee, consisting of the following ten members:	11587

(a) The state chief information officer or the officer's	11588
designee;	11589

(b) Two members of the house of representatives appointed by	11590
the speaker, one from the majority party and one from the minority	11591
party;	11592

(c) Two members of the senate appointed by the president, one	11593
from the majority party and one from the minority party;	11594

(d) Five members appointed by the governor.

11595

(2) In appointing the five members under division (A)(1)(d)	11596
of this section, the governor shall appoint two representatives of	11597
the county commissioners' association of Ohio or a successor	11598
organization, two representatives of the Ohio municipal league or	11599
a successor organization, and one representative of the Ohio	11600
township association or a successor organization. For each of	11601
these appointments, the governor shall consider a nominee proposed	11602
by the association or successor organization. The governor may	11603
reject any of the nominees and may request that a nominating	11604
entity submit alternative nominees.	11605

(3) Initial appointments shall be made not later than ten	11606
days after September 28, 2012.	11607

(B)(1) The state chief information officer or the officer's	11608
designee shall serve as the chairperson of the steering committee	11609
and shall be a nonvoting member. All other members shall be voting	11610
members.	11611

(2) A member of the steering committee appointed from the	11612
membership of the senate or the house of representatives shall	11613
serve during the member's term as a member of the general assembly	11614
and until a successor is appointed and qualified, notwithstanding	11615
adjournment of the general assembly or the expiration of the	11616
member's term as a member of the general assembly.	11617

(3) The initial terms of one of the representatives of the	11618
county commissioners' association of Ohio, one of the	11619
representatives of the Ohio municipal league, and the	11620
representative of the Ohio township association shall all expire	11621
on December 31, 2016. The initial terms of the other	11622
representatives of the county commissioners' association of Ohio	11623
and the Ohio municipal league shall expire on December 31, 2014.	11624
Thereafter, terms of the members appointed by the governor shall	11625
be for four years, with each term ending on the same day of the	11626
same month as the term it succeeds. Each member appointed by the	11627
governor shall hold office from the date of the member's	11628
appointment until the end of the term for which the member was	11629
appointed, and may be reappointed. A member appointed by the	11630
governor shall continue in office after the expiration date of the	11631
member's term until the member's successor takes office or until a	11632
period of sixty days has elapsed, whichever occurs first. Members	11633
appointed by the governor shall serve without compensation and	11634
shall not be reimbursed for expenses.	11635

(4) A vacancy in the position of any member of the steering	11636
committee shall be filled for the unexpired term in the same	11637
manner as the original appointment.	11638

(C) The steering committee shall generally advise the state	11639
on the implementation, operation, and maintenance of a statewide	11640
emergency services internet protocol network that would support	11641
state and local government next-generation 9-1-1 and the dispatch	11642
of emergency service providers. The steering committee shall do	11643
all of the following:	11644

(1) On or before May 15, 2013, deliver an initial report to	11645
the speaker of the house of representatives, the president of the	11646
senate, and the governor providing recommendations for the state	11647
to address the development of a statewide emergency services	11648
internet protocol network, which recommendations shall include a	11649
review of the current funding model for this state's 9-1-1 systems	11650
and may include a recommendation for a reduction in wireless 9-1-1	11651
charges;	11652

(2) Examine the readiness of the state's current technology	11653
infrastructure for a statewide emergency services internet	11654
protocol network;	11655

(3) Research legislative authority with regard to governance	11656
and funding of a statewide emergency services internet protocol	11657
network, and provide recommendations on best practices to limit	11658
duplicative efforts to ensure an effective transition to	11659
next-generation 9-1-1;	11660

(4) Make recommendations for consolidation of	11661
public-safety-answering-point operations in this state, including	11662
recommendations for accelerating the consolidation schedule	11663
established in section ~~5507.571~~128.571 of the Revised Code, to	11664
accommodate next-generation 9-1-1 technology and to facilitate a	11665
more efficient and effective emergency services system;	11666

(5) Recommend policies, procedures, and statutory or	11667
regulatory authority to effectively govern a statewide emergency	11668
services internet protocol network;	11669

(6) Designate a next-generation 9-1-1 statewide coordinator	11670
to serve as the primary point of contact for federal initiatives;	11671

(7) Coordinate with statewide initiatives and associations	11672
such as the state interoperable executive committee, the Ohio	11673
geographically referenced information program council, the Ohio	11674
multi-agency radio communications system steering committee, and	11675
other interested parties;	11676

(8) Serve as the entity responsible for the administration of	11677
Chapter 128. of the Revised Code.	11678

(D)(1) ~~Not later than February 15, 2013, each chairperson of~~	11679
~~a countywide 9-1-1 planning committee or the chairperson's~~	11680
~~designee shall report the following information~~A 9-1-1 service	11681
provider shall provide to the steering committee:	11682

(a) The aggregate number of access lines that the provider	11683
maintains within the state of Ohio;	11684

(b) The aggregate amount of costs and cost recovery	11685
associated with providing 9-1-1 service, including coverage under	11686
tariffs and bill and keep arrangements within this state;	11687

(c) Any other information requested by the steering committee	11688
deemed necessary to support the transition to next generation	11689
9-1-1.	11690

(2) Any political subdivision or governmental entity	11691
operating a public safety answering point shall provide to the	11692
steering committee:	11693

(a) The geographic location and population of the area for	11694
which the planning committee is responsible;	11695

(b) Statistics detailing the number of 9-1-1 calls received;

11696

(c) A report of expenditures made from disbursements ~~from the~~	11697
~~wireless~~for 9-1-1 ~~government assistance fund~~;	11698

(d) An inventory of and the technical specifications for the	11699
current 9-1-1 network and equipment;	11700

(e) Any other information requested by the steering committee	11701
that is deemed necessary to support the transition to next	11702
generation 9-1-1.	11703

~~(2)(a) If, by February 15, 2013, a countywide 9-1-1 planning~~	11704
~~committee fails to provide to the steering committee the~~	11705
~~information required under division (D)(1) of this section, the~~	11706
~~steering committee shall notify the Ohio 9-1-1 coordinator of the~~	11707
~~failure and the coordinator shall suspend disbursements from the~~	11708
~~wireless 9-1-1 government assistance fund to that county.~~	11709
~~Disbursements to the county shall resume after the steering~~	11710
~~committee receives the required information and notifies the~~	11711
~~coordinator that the requirement has been met.~~	11712

~~(b) Beginning January 1, 2014, the notification that the~~	11713
~~steering committee has received the required information shall be~~	11714
~~sent to the tax commissioner, and the disbursements to the county~~	11715
~~shall resume after the tax commissioner receives that notice~~	11716

(3) The information requested under divisions (D)(1) and (2)	11717
of this section shall be provided by the 9-1-1 service provider,	11718
political subdivision, or governmental entity within forty-five	11719
days of the request of the steering committee.	11720

(E) The steering committee shall hold its inaugural meeting	11721
not later than thirty days after September 28, 2012. Thereafter,	11722
the steering committee shall meet at least once a month, either in	11723
person or utilizing telecommunication-conferencing technology. A	11724
majority of the voting members shall constitute a quorum.	11725

(F)(1) The steering committee shall have a permanent	11726
technical-standards subcommittee and a permanent	11727
public-safety-answering-point-operations subcommittee, and may,	11728
from time to time, establish additional subcommittees, to advise	11729
and assist the steering committee based upon the subcommittees'	11730
areas of expertise.	11731

(2) The membership of subcommittees shall be determined by	11732
the steering committee.	11733

(a) The technical-standards subcommittee shall include one	11734
member representing a wireline or wireless service provider that	11735
participates in the state's 9-1-1 system, one representative of	11736
the Ohio academic resources network, one representative of the	11737
Ohio multi-agency radio communications system steering committee,	11738
one representative of the Ohio geographically referenced	11739
information program, and one member representing each of the	11740
following associations selected by the steering committee from	11741
nominations received from that association:	11742

(i) The Ohio telephone association;

11743

(ii) The Ohio chapter of the association of public-safety	11744
communications officials;	11745

(iii) The Ohio chapter of the national emergency number	11746
association.	11747

(b) The public-safety-answering-point-operations subcommittee	11748
shall include one member representing the division of emergency	11749
management of the department of public safety, one member	11750
representing the state highway patrol, two members recommended by	11751
the county commissioners' association of Ohio who are managers of	11752
public safety answering points, two members recommended by the	11753
Ohio municipal league who are managers of public safety answering	11754
points, and one member from each of the following associations	11755
selected by the steering committee from nominations received from	11756
that association:	11757

(i) The buckeye state sheriffs' association;

11758

(ii) The Ohio association of chiefs of police;

11759

(iii) The Ohio association of fire chiefs;

11760

(iv) The Ohio chapter of the association of public-safety	11761
communications officials;	11762

(v) The Ohio chapter of the national emergency number	11763
association.	11764

(G) The committee is not an agency, as defined in section	11765
101.82 of the Revised Code, for purposes of sections 101.82 to	11766
101.87 of the Revised Code.	11767

(H) As used in this section, "9-1-1 system," "wireless	11768
service provider," "wireline service provider," "emergency service	11769
provider," and "public safety answering point" have the same	11770
meanings as in section ~~5507.01~~128.01 of the Revised Code.	11771

(I) As used in this section, "bill and keep arrangements" has	11772
the same meaning as in 47 C.F.R. 51.713.	11773

~~Sec. 5507.021.~~ Sec. 128.021. Not later than January 1, 2014, and	11774
in accordance with Chapter 119. of the Revised Code, the ~~statewide~~	11775
~~emergency services internet protocol network~~ steering committee	11776
shall adopt rules that establish technical and operational	11777
standards for public safety answering points eligible to receive	11778
disbursements under section ~~5507.55~~128.55 of the Revised Code.	11779
The rules shall incorporate industry standards and best practices	11780
for wireless 9-1-1 services. Public safety answering points shall	11781
comply with the standards not later than two years after the	11782
effective date of the rules adopting the standards.	11783

~~Sec. 5507.022.~~ Sec. 128.022. The ~~statewide emergency services~~	11784
~~internet protocol network~~ steering committee shall establish	11785
guidelines for the tax commissioner to use when disbursing money	11786
from the next generation 9-1-1 fund to countywide 9-1-1 systems in	11787
the state. The guidelines shall be consistent with the standards	11788
adopted in section ~~5507.021~~128.021 of the Revised Code and shall	11789
specify that disbursements may be used for costs associated with	11790
the operation of and equipment for phase II wireless systems and	11791
for costs associated with a county's migration to next generation	11792
9-1-1 systems and technology.	11793

~~Sec. 5507.03.~~ Sec. 128.03. (A)(1) A countywide 9-1-1 system shall	11794
include all of the territory of the townships and municipal	11795
corporations in the county and any portion of such a municipal	11796
corporation that extends into an adjacent county.	11797

(2) The system shall exclude any territory served by a	11798
wireline service provider that is not capable of reasonably	11799
meeting the technical and economic requirements of providing the	11800
wireline telephone network portion of the countywide system for	11801
that territory. The system shall exclude from enhanced 9-1-1 any	11802
territory served by a wireline service provider that is not	11803
capable of reasonably meeting the technical and economic	11804
requirements of providing the wireline telephone network portion	11805
of enhanced 9-1-1 for that territory. If a 9-1-1 planning	11806
committee and a wireline service provider do not agree on whether	11807
the provider is so capable, the planning committee shall notify	11808
the ~~department of public safety~~steering committee, and the	11809
~~department~~steering committee shall determine whether the wireline	11810
service provider is so capable. The planning committee shall	11811
ascertain whether such disagreement exists before making its	11812
implementation proposal under division (A) of section ~~5507.07~~	11813
128.07 of the Revised Code. The ~~department's~~steering committee's	11814
determination shall be in the form of an order. No final plan	11815
shall require a wireline service provider to provide the wireline	11816
telephone network portion of a 9-1-1 system that the ~~department~~	11817
steering committee has determined the provider is not reasonably	11818
capable of providing.	11819

(B) A countywide 9-1-1 system may be a basic or enhanced	11820
9-1-1 system, or a combination of the two, and shall be for the	11821
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	11822

(C) Every emergency service provider that provides emergency	11823
service within the territory of a countywide 9-1-1 system shall	11824
participate in the countywide system.	11825

(D)(1) Each public safety answering point shall be operated	11826
by a subdivision or a regional council of governments and shall be	11827
operated constantly.	11828

(2) A subdivision or a regional council of governments that	11829
operates a public safety answering point shall pay all of the	11830
costs associated with establishing, equipping, furnishing,	11831
operating, and maintaining that facility and shall allocate those	11832
costs among itself and the subdivisions served by the answering	11833
point based on the allocation formula in a final plan. The	11834
wireline service provider or other entity that provides or	11835
maintains the customer premises equipment shall bill the operating	11836
subdivision or the operating regional council of governments for	11837
the cost of providing such equipment, or its maintenance. A	11838
wireless service provider and a subdivision or regional council of	11839
governments operating a public safety answering point may enter	11840
into a service agreement for providing wireless enhanced 9-1-1	11841
pursuant to a final plan adopted under this chapter.	11842

(E) Except to the extent provided in a final plan that	11843
provides for funding of a 9-1-1 system in part through charges	11844
imposed under section ~~5507.22~~128.22 of the Revised Code, each	11845
subdivision served by a public safety answering point shall pay	11846
the subdivision or regional council of governments that operates	11847
the answering point the amount computed in accordance with the	11848
allocation formula set forth in the final plan.	11849

(F) Notwithstanding any other provision of law, the purchase	11850
or other acquisition, installation, and maintenance of the	11851
telephone network for a 9-1-1 system and the purchase or other	11852
acquisition, installation, and maintenance of customer premises	11853
equipment at a public safety answering point made in compliance	11854
with a final plan or an agreement under section ~~5507.09~~128.09 of	11855
the Revised Code, including customer premises equipment used to	11856
provide wireless enhanced 9-1-1, are not subject to any	11857
requirement of competitive bidding.	11858

(G) Each emergency service provider participating in a	11859
countywide 9-1-1 system shall maintain a telephone number in	11860
addition to 9-1-1.	11861

(H) Whenever a final plan provides for the implementation of	11862
basic 9-1-1, the planning committee shall so notify the ~~department~~	11863
~~of public safety~~steering committee, which shall determine whether	11864
the wireline service providers serving the territory covered by	11865
the plan are capable of reasonably meeting the technical and	11866
economic requirements of providing the wireline telephone network	11867
portion of an enhanced 9-1-1 system. The determination shall be	11868
made solely for purposes of division (C)(2) of section ~~5507.18~~	11869
128.18 of the Revised Code.	11870

(I) If the public safety answering point personnel reasonably	11871
determine that a 9-1-1 call is not an emergency, the personnel	11872
shall provide the caller with the telephone number of an	11873
appropriate subdivision agency as applicable.	11874

(J) A final plan adopted under this chapter, or an agreement	11875
under section ~~5507.09~~128.09 of the Revised Code, may provide	11876
that, by further agreement included in the plan or agreement, the	11877
state highway patrol or one or more public safety answering points	11878
of another 9-1-1 system is the public safety answering point or	11879
points for the provision of wireline or wireless 9-1-1 for all or	11880
part of the territory of the 9-1-1 system established under the	11881
plan or agreement. In that event, the subdivision for which the	11882
wireline or wireless 9-1-1 is provided as named in the agreement	11883
shall be deemed the subdivision operating the public safety	11884
answering point or points for purposes of this chapter, except	11885
that, for the purpose of division (D)(2) of this section, that	11886
subdivision shall pay only so much of the costs of establishing,	11887
equipping, furnishing, operating, or maintaining any such public	11888
safety answering point as are specified in the agreement with the	11889
patrol or other system.	11890

(K) A final plan for the provision of wireless enhanced 9-1-1	11891
shall provide that any wireless 9-1-1 calls routed to a state	11892
highway patrol-operated public safety answering point by default,	11893
due to a wireless service provider so routing all such calls of	11894
its subscribers without prior permission, are instead to be routed	11895
as provided under the plan. Upon the implementation of countywide	11896
wireless enhanced 9-1-1 pursuant to a final plan, the state	11897
highway patrol shall cease any functioning as a public safety	11898
answering point providing wireless 9-1-1 within the territory	11899
covered by the countywide 9-1-1 system so established, unless the	11900
patrol functions as a public safety answering point providing	11901
wireless enhanced 9-1-1 pursuant to an agreement included in the	11902
plan as authorized under division (J) of this section.	11903

~~Sec. 5507.06.~~ Sec. 128.06. (A) A board of county commissioners or	11904
the legislative authority of any municipal corporation in the	11905
county that contains at least thirty per cent of the county's	11906
population may adopt a resolution to convene a 9-1-1 planning	11907
committee, which shall serve without compensation and shall	11908
consist of three voting members as follows:	11909

(1) The president or other presiding officer of the board of	11910
county commissioners, who shall serve as chairperson of the	11911
committee;	11912

(2) The chief executive officer of the most populous	11913
municipal corporation in the county;	11914

(3) From the more populous of the following, either the chief	11915
executive officer of the second most populous municipal	11916
corporation in the county or a member of the board of township	11917
trustees of the most populous township in the county as selected	11918
by majority vote of the board of trustees.	11919

In counties with a population of one hundred seventy-five	11920
thousand or more, the planning committee shall consist of two	11921
additional voting members as follows: a member of a board of	11922
township trustees selected by the majority of boards of township	11923
trustees in the county pursuant to resolutions they adopt, and the	11924
chief executive officer of a municipal corporation in the county	11925
selected by the majority of the legislative authorities of	11926
municipal corporations in the county pursuant to resolutions they	11927
adopt.	11928

When determining population under this division, population	11929
residing outside the county shall be excluded.	11930

(B) Within thirty days after the adoption of a resolution to	11931
convene the committee under division (A) of this section, the	11932
committee shall convene for the sole purpose of developing a final	11933
plan for implementing a countywide 9-1-1 system. The county shall	11934
provide the committee with any clerical, legal, and other staff	11935
assistance necessary to develop the final plan and shall pay for	11936
copying, mailing, and any other such expenses incurred by the	11937
committee in developing the final plan and in meeting the	11938
requirements imposed by sections ~~5507.06~~128.06 to ~~5507.08~~128.08	11939
of the Revised Code.	11940

(C) The 9-1-1 planning committee shall appoint a 9-1-1	11941
technical advisory committee to assist it in planning the	11942
countywide 9-1-1 system. The advisory committee shall include at	11943
least one fire chief and one police chief serving in the county,	11944
the county sheriff, a representative of the state highway patrol	11945
selected by the patrol, one representative of each telephone	11946
company in each case selected by the telephone company	11947
represented, the director/coordinator of emergency management	11948
appointed under section 5502.26, 5502.27, or 5502.271 of the	11949
Revised Code, as appropriate, and a member of a board of township	11950
trustees of a township in the county selected by a majority of	11951
boards of township trustees in the county pursuant to resolutions	11952
they adopt.	11953

~~Sec. 5507.07.~~ Sec. 128.07. (A) The 9-1-1 planning committee shall	11954
prepare a proposal on the implementation of a countywide 9-1-1	11955
system and shall hold a public meeting on the proposal to explain	11956
the system to and receive comments from public officials. At least	11957
thirty but not more than sixty days before the meeting, the	11958
committee shall send a copy of the implementation proposal and	11959
written notice of the meeting:	11960

(1) By certified mail, to the board of county commissioners,	11961
the legislative authority of each municipal corporation in the	11962
county, and to the board of trustees of each township in the	11963
county; and	11964

(2) To the board of trustees, directors, or park	11965
commissioners of each subdivision that will be served by a public	11966
safety answering point under the plan.	11967

(B) The proposal and the final plan adopted by the committee	11968
shall specify:	11969

(1) Which telephone companies serving customers in the county	11970
and, as authorized in division (A)(1) of section ~~5507.03~~128.03 of	11971
the Revised Code, in an adjacent county will participate in the	11972
9-1-1 system;	11973

(2) The location and number of public safety answering	11974
points; how they will be connected to a company's telephone	11975
network; from what geographic territory each will receive 9-1-1	11976
calls; whether basic or enhanced 9-1-1 service will be provided	11977
within such territory; what subdivisions will be served by the	11978
answering point; and whether an answering point will respond to	11979
calls by directly dispatching an emergency service provider, by	11980
relaying a message to the appropriate provider, or by transferring	11981
the call to the appropriate provider;	11982

(3) Which subdivision or regional council of governments will	11983
establish, equip, furnish, operate, and maintain a particular	11984
public safety answering point;	11985

(4) A projection of the initial cost of establishing,	11986
equipping, and furnishing and of the annual cost of the first five	11987
years of operating and maintaining each public safety answering	11988
point;	11989

(5) Whether the cost of establishing, equipping, furnishing,	11990
operating, or maintaining each public safety answering point	11991
should be funded through charges imposed under section ~~5507.22~~	11992
128.22 of the Revised Code or will be allocated among the	11993
subdivisions served by the answering point and, if any such cost	11994
is to be allocated, the formula for so allocating it;	11995

(6) How each emergency service provider will respond to a	11996
misdirected call.	11997

(C) Following the meeting required by this section, the 9-1-1	11998
planning committee may modify the implementation proposal and, no	11999
later than nine months after the resolution authorized by section	12000
~~5507.06~~128.06 of the Revised Code is adopted, may adopt, by	12001
majority vote, a final plan for implementing a countywide 9-1-1	12002
system. If a planning committee and wireline service provider do	12003
not agree on whether the wireline service provider is capable of	12004
providing the wireline telephone network as described under	12005
division (A) of section ~~5507.03~~128.03 of the Revised Code and the	12006
planning committee refers that question to the ~~department of~~	12007
~~public safety~~steering committee, the ~~department~~steering	12008
committee may extend the nine-month deadline established by this	12009
division to twelve months. Immediately on completion of the plan,	12010
the planning committee shall send a copy of the final plan:	12011

(1) By certified mail to the board of county commissioners of	12012
the county, to the legislative authority of each municipal	12013
corporation in the county, and to the board of township trustees	12014
of each township in the county; and	12015

(2) To the board of trustees, directors, or park	12016
commissioners of each subdivision that will be served by a public	12017
safety answering point under the plan.	12018

~~(D) If the committee has not adopted a final plan on or~~	12019
~~before the deadline in division (C) of this section, the committee~~	12020
~~shall cease to exist. A new 9-1-1 planning committee may be~~	12021
~~convened in the manner established in section 5507.06 of the~~	12022
~~Revised Code to develop an implementation proposal and final plan~~	12023
~~in accordance with the requirements of sections 5507.06 to 5507.08~~	12024
~~of the Revised Code.~~	12025

~~Sec. 5507.08.~~ Sec. 128.08. (A) Within sixty days after receipt of	12026
the final plan pursuant to division (C) of section ~~5507.07~~128.07	12027
of the Revised Code, the board of county commissioners of the	12028
county and the legislative authority of each municipal corporation	12029
in the county and of each township whose territory is proposed to	12030
be included in a countywide 9-1-1 system shall act by resolution	12031
to approve or disapprove the plan, except that, with respect to a	12032
final plan that provides for funding of the 9-1-1 system in part	12033
through charges imposed under section ~~5507.22~~128.22 of the	12034
Revised Code, the board of county commissioners shall not act by	12035
resolution to approve or disapprove the plan until after a	12036
resolution adopted under section ~~5507.22~~128.22 of the Revised	12037
Code has become effective as provided in division (D) of that	12038
section. A municipal corporation or township whose territory is	12039
proposed to be included in the system includes any municipal	12040
corporation or township in which a part of its territory is	12041
excluded pursuant to division (A)(2) of section ~~5507.03~~128.03 of	12042
the Revised Code. Each such authority immediately shall notify the	12043
board of county commissioners in writing of its approval or	12044
disapproval of the final plan. Failure by a board or legislative	12045
authority to notify the board of county commissioners of approval	12046
or disapproval within such sixty-day period shall be deemed	12047
disapproval by the board or authority.	12048

(B) As used in this division, "county's population" excludes	12049
the population of any municipal corporation or township that,	12050
under the plan, is completely excluded from 9-1-1 service in the	12051
county's final plan. A countywide plan is effective if all of the	12052
following entities approve the plan in accordance with this	12053
section:	12054

(1) The board of county commissioners;

12055

(2) The legislative authority of a municipal corporation that	12056
contains at least thirty per cent of the county's population, if	12057
any;	12058

(3) The legislative authorities of municipal corporations and	12059
townships that contain at least sixty per cent of the county's	12060
population or, if the plan has been approved by a municipal	12061
corporation that contains at least sixty per cent of the county's	12062
population, by the legislative authorities of municipal	12063
corporations and townships that contain at least seventy-five per	12064
cent of the county's population.	12065

(C) After a countywide plan approved in accordance with this	12066
section is adopted, all of the telephone companies, subdivisions,	12067
and regional councils of governments included in the plan are	12068
subject to the specific requirements of the plan and to this	12069
chapter.	12070

~~Sec. 5507.09.~~ Sec. 128.09. (A) If a final plan is disapproved	12071
under division (B) of section ~~5507.08~~128.08 of the Revised Code,	12072
by resolution, the legislative authority of a municipal	12073
corporation or township that contains at least thirty per cent of	12074
the county's population may establish within its boundaries, or	12075
the legislative authorities of a group of municipal corporations	12076
or townships each of which is contiguous with at least one other	12077
such municipal corporation or township in the group, together	12078
containing at least thirty per cent of the county's population,	12079
may jointly establish within their boundaries a 9-1-1 system. For	12080
that purpose, the municipal corporation or township may enter into	12081
an agreement, and the contiguous municipal corporations or	12082
townships may jointly enter into an agreement with one or more	12083
telephone companies.	12084

(B) If no resolution has been adopted to convene a 9-1-1	12085
planning committee under section ~~5507.06~~128.06 of the Revised	12086
Code, by resolution, the legislative authority of any municipal	12087
corporation in the county may establish within its boundaries, or	12088
the legislative authorities of a group of municipal corporations	12089
and townships each of which is contiguous to at least one of the	12090
other such municipal corporations or townships in the group may	12091
jointly establish within their boundaries, a 9-1-1 system. For	12092
that purpose, the municipal corporation, or contiguous municipal	12093
corporations and townships, may enter into an agreement with one	12094
or more telephone companies.	12095

(C) Whenever a telephone company that is a wireline service	12096
provider and one or more municipal corporations and townships	12097
enter into an agreement under division (A) or (B) of this section	12098
to provide for the wireline telephone network portion of a basic	12099
9-1-1 system, the telephone company shall so notify the ~~department~~	12100
~~of public safety~~steering committee, which shall determine whether	12101
the telephone company is capable of reasonably meeting the	12102
technical and economic requirements of providing the wireline	12103
telephone network for an enhanced system within the territory	12104
served by the company and covered by the agreement. The	12105
determination shall be made solely for the purposes of division	12106
(C)(2) of section ~~5507.18~~128.18 of the Revised Code.	12107

(D) Within three years from the date of entering into an	12108
initial agreement described under division (C) of this section,	12109
the telephone company shall have installed the wireline telephone	12110
network portion of the 9-1-1 system according to the terms,	12111
conditions, requirements, and specifications set forth in the	12112
agreement.	12113

(E) A telephone company that is a wireline service provider	12114
shall recover the cost of installing the wireline telephone	12115
network system pursuant to agreements made under this section as	12116
provided in sections ~~5507.18~~128.18 and 5733.55 of the Revised	12117
Code.	12118

~~Sec. 5507.12.~~ Sec. 128.12. (A) An amended final plan is required	12119
for any of the following purposes:	12120

(1) Expanding the territory included in the countywide 9-1-1	12121
system;	12122

(2) Upgrading any part or all of a system from basic to	12123
enhanced wireline 9-1-1;	12124

(3) Adjusting the territory served by a public safety	12125
answering point;	12126

(4) Permitting a regional council of governments to operate a	12127
public safety answering point;	12128

(5) Represcribing the funding of public safety answering	12129
points as between the alternatives set forth in division (B)(5) of	12130
section ~~5507.07~~128.07 of the Revised Code;	12131

(6) Providing for wireless enhanced 9-1-1;

12132

(7) Adding a telephone company as a participant in a	12133
countywide 9-1-1 system after the implementation of wireline 9-1-1	12134
or wireless enhanced 9-1-1;	12135

(8) Providing that the state highway patrol or one or more	12136
public safety answering points of another 9-1-1 system function as	12137
a public safety answering point or points for the provision of	12138
wireline or wireless 9-1-1 for all or part of the territory of the	12139
system established under the final plan, as contemplated under	12140
division (J) of section ~~5507.03~~128.03 of the Revised Code;	12141

(9) Making any other necessary adjustments to the plan.

12142

(B) ~~Except as otherwise provided in division (C) of this~~	12143
~~section, a final plan shall be amended in the manner provided for~~	12144
~~adopting a final plan under sections 5507.06 to 5507.08 of the~~	12145
~~Revised Code, including convening a 9-1-1 planning committee and~~	12146
~~developing a proposed amended plan prior to adopting an amended~~	12147
~~final plan.~~	12148

~~(C)~~(1) To amend a final plan for the purpose described in	12149
division (A)(7) of this section, an entity that wishes to be added	12150
as a participant in a 9-1-1 system shall file a written letter of	12151
that intent with the board of county commissioners of the county	12152
that approved the final plan. The final plan is deemed amended	12153
upon the filing of that letter. The entity that files the letter	12154
shall send written notice of that filing to all subdivisions,	12155
regional councils of governments, and telephone companies	12156
participating in the system.	12157

(2) An amendment to a final plan for aany other purpose set	12158
forth in division (A)~~(1), (3), (6), or (9)~~ of this section may be	12159
made by an addendum approved by a majority of the 9-1-1 planning	12160
committee. The board of county commissioners shall call a meeting	12161
of the 9-1-1 planning committee for the purpose of considering an	12162
addendum pursuant to this division.	12163

(3) Adoption of any resolution under section ~~5507.22~~128.22	12164
of the Revised Code pursuant to a final plan that both has been	12165
adopted and provides for funding through charges imposed under	12166
that section is not an amendment of a final plan for the purpose	12167
of this division.	12168

~~(D)~~(C) When a final plan is amended for a purpose described	12169
in division (A)(1), (2), or (7) of this section, sections ~~5507.18~~	12170
128.18 and 5733.55 of the Revised Code apply with respect to the	12171
receipt of the nonrecurring and recurring rates and charges for	12172
the wireline telephone network portion of the 9-1-1 system.	12173

~~Sec. 5507.15.~~ Sec. 128.15. (A) Within three years from the date an	12174
initial final plan becomes effective under division (B) of section	12175
~~5507.08~~128.08 of the Revised Code, the wireline service providers	12176
designated in the plan shall have installed the wireline telephone	12177
network portion of the 9-1-1 system according to the terms,	12178
conditions, requirements, and specifications set forth in that	12179
plan.	12180

(B)(1) Upon installation of a countywide 9-1-1 system, the	12181
board of county commissioners may direct the county engineer to	12182
erect and maintain at the county boundaries on county roads and	12183
state and interstate highways, signs indicating the availability	12184
of a countywide 9-1-1 system. Any sign erected by a county under	12185
this section shall be erected in accordance with and meet the	12186
specifications established under division (B)(2) of this section.	12187
All expenses incurred in erecting and maintaining the signs shall	12188
be paid by the county.	12189

(2) The director of transportation shall develop design	12190
specifications for signs giving notice of the availability of a	12191
countywide 9-1-1 system. The director also shall establish	12192
standards for the erection of the signs and, in accordance with	12193
federal law and regulations and recognized engineering practices,	12194
specify those locations where the signs shall not be erected.	12195

~~Sec. 5507.18.~~ Sec. 128.18. (A) In accordance with this chapter and	12196
Chapters 4901., 4903., 4905., and 4909. of the Revised Code, the	12197
public utilities commission shall determine the just, reasonable,	12198
and compensatory rates, tolls, classifications, charges, or	12199
rentals to be observed and charged for the wireline telephone	12200
network portion of a basic or enhanced 9-1-1 system, and each	12201
telephone company that is a wireline service provider	12202
participating in the system shall be subject to those chapters, to	12203
the extent they apply, as to the service provided by its portion	12204
of the wireline telephone network for the system as described in	12205
the final plan or to be installed pursuant to agreements under	12206
section ~~5507.09~~128.09 of the Revised Code, and as to the rates,	12207
tolls, classifications, charges, or rentals to be observed and	12208
charged for that service.	12209

(B) Only the customers of a participating telephone company	12210
described in division (A) of this section that are served within	12211
the area covered by a 9-1-1 system shall pay the recurring rates	12212
for the maintenance and operation of the company's portion of the	12213
wireline telephone network of the system. Such rates shall be	12214
computed by dividing the total monthly recurring rates set forth	12215
in the company's schedule as filed in accordance with section	12216
4905.30 of the Revised Code, by the total number of residential	12217
and business customer access lines, or their equivalent, within	12218
the area served. Each residential and business customer within the	12219
area served shall pay the recurring rates based on the number of	12220
its residential and business customer access lines or their	12221
equivalent. No company shall include such amount on any customer's	12222
bill until the company has completed its portion of the wireline	12223
telephone network in accordance with the terms, conditions,	12224
requirements, and specifications of the final plan or an agreement	12225
made under section ~~5507.09~~128.09 of the Revised Code.	12226

(C)(1) Except as otherwise provided in division (C)(2) of	12227
this section, a participating telephone company described in	12228
division (A) of this section may receive through the credit	12229
authorized by section 5733.55 of the Revised Code the total	12230
nonrecurring charges for its portion of the wireline telephone	12231
network of the system and the total nonrecurring charges for any	12232
updating or modernization of that wireline telephone network in	12233
accordance with the terms, conditions, requirements, and	12234
specifications of the final plan or pursuant to agreements under	12235
section ~~5507.09~~128.09 of the Revised Code, as such charges are	12236
set forth in the schedule filed by the telephone company in	12237
accordance with section 4905.30 of the Revised Code. However, that	12238
portion, updating, or modernization shall not be for or include	12239
the provision of wireless 9-1-1. As applicable, the receipt of	12240
permissible charges shall occur only upon the completion of the	12241
installation of the network or the completion of the updating or	12242
modernization.	12243

(2) The credit shall not be allowed under division (C)(1) of	12244
this section for the upgrading of a system from basic to enhanced	12245
wireline 9-1-1 if both of the following apply:	12246

(a) The telephone company received the credit for the	12247
wireline telephone network portion of the basic 9-1-1 system now	12248
proposed to be upgraded.	12249

(b) At the time the final plan or agreement pursuant to	12250
section ~~5507.09~~128.09 of the Revised Code calling for the basic	12251
9-1-1 system was agreed to, the telephone company was capable of	12252
reasonably meeting the technical and economic requirements of	12253
providing the wireline telephone network portion of an enhanced	12254
9-1-1 system within the territory proposed to be upgraded, as	12255
determined by the ~~department of public safety~~steering committee	12256
under division (A) or (H) of section ~~5507.03~~128.03 or division	12257
(C) of section ~~5507.09~~128.09 of the Revised Code.	12258

(3) If the credit is not allowed under division (C)(2) of	12259
this section, the total nonrecurring charges for the wireline	12260
telephone network used in providing 9-1-1 service, as set forth in	12261
the schedule filed by a telephone company in accordance with	12262
section 4905.30 of the Revised Code, on completion of the	12263
installation of the network in accordance with the terms,	12264
conditions, requirements, and specifications of the final plan or	12265
pursuant to section ~~5507.09~~128.09 of the Revised Code, shall be	12266
paid by the municipal corporations and townships with any	12267
territory in the area in which such upgrade from basic to enhanced	12268
9-1-1 is made.	12269

(D) If customer premises equipment for a public safety	12270
answering point is supplied by a telephone company that is	12271
required to file a schedule under section 4905.30 of the Revised	12272
Code pertaining to customer premises equipment, the recurring and	12273
nonrecurring rates and charges for the installation and	12274
maintenance of the equipment specified in the schedule shall	12275
apply.	12276

~~Sec. 5507.22.~~ Sec. 128.22. (A)(1) For the purpose of paying the	12277
costs of establishing, equipping, and furnishing one or more	12278
public safety answering points as part of a countywide 9-1-1	12279
system effective under division (B) of section ~~5507.08~~128.08 of	12280
the Revised Code and paying the expense of administering and	12281
enforcing this section, the board of county commissioners of a	12282
county, in accordance with this section, may fix and impose, on	12283
each lot or parcel of real property in the county that is owned by	12284
a person, municipal corporation, township, or other political	12285
subdivision and is improved, or is in the process of being	12286
improved, reasonable charges to be paid by each such owner. The	12287
charges shall be sufficient to pay only the estimated allowed	12288
costs and shall be equal in amount for all such lots or parcels.	12289

(2) For the purpose of paying the costs of operating and	12290
maintaining the answering points and paying the expense of	12291
administering and enforcing this section, the board, in accordance	12292
with this section, may fix and impose reasonable charges to be	12293
paid by each owner, as provided in division (A)(1) of this	12294
section, that shall be sufficient to pay only the estimated	12295
allowed costs and shall be equal in amount for all such lots or	12296
parcels. The board may fix and impose charges under this division	12297
pursuant to a resolution adopted for the purposes of both	12298
divisions (A)(1) and (2) of this section or pursuant to a	12299
resolution adopted solely for the purpose of division (A)(2) of	12300
this section, and charges imposed under division (A)(2) of this	12301
section may be separately imposed or combined with charges imposed	12302
under division (A)(1) of this section.	12303

(B) Any board adopting a resolution under this section	12304
pursuant to a final plan initiating the establishment of a 9-1-1	12305
system or pursuant to an amendment to a final plan shall adopt the	12306
resolution within sixty days after the board receives the final	12307
plan for the 9-1-1 system pursuant to division (C) of section	12308
~~5507.07~~128.07 of the Revised Code. The board by resolution may	12309
change any charge imposed under this section whenever the board	12310
considers it advisable. Any resolution adopted under this section	12311
shall declare whether securities will be issued under Chapter 133.	12312
of the Revised Code in anticipation of the collection of unpaid	12313
special assessments levied under this section.	12314

(C) The board shall adopt a resolution under this section at	12315
a public meeting held in accordance with section 121.22 of the	12316
Revised Code. Additionally, the board, before adopting any such	12317
resolution, shall hold at least two public hearings on the	12318
proposed charges. Prior to the first hearing, the board shall	12319
publish notice of the hearings once a week for two consecutive	12320
weeks in a newspaper of general circulation in the county or as	12321
provided in section 7.16 of the Revised Code. The notice shall	12322
include a listing of the charges proposed in the resolution and	12323
the date, time, and location of each of the hearings. The board	12324
shall hear any person who wishes to testify on the charges or the	12325
resolution.	12326

(D) No resolution adopted under this section shall be	12327
effective sooner than thirty days following its adoption nor shall	12328
any such resolution be adopted as an emergency measure. The	12329
resolution is subject to a referendum in accordance with sections	12330
305.31 to 305.41 of the Revised Code unless, in the resolution,	12331
the board of county commissioners directs the board of elections	12332
of the county to submit the question of imposing the charges to	12333
the electors of the county at the next primary or general election	12334
in the county occurring not less than ninety days after the	12335
resolution is certified to the board. No resolution shall go into	12336
effect unless approved by a majority of those voting upon it in	12337
any election allowed under this division.	12338

(E) To collect charges imposed under division (A) of this	12339
section, the board of county commissioners shall certify them to	12340
the county auditor of the county who then shall place them upon	12341
the real property duplicate against the properties to be assessed,	12342
as provided in division (A) of this section. Each assessment shall	12343
bear interest at the same rate that securities issued in	12344
anticipation of the collection of the assessments bear, is a lien	12345
on the property assessed from the date placed upon the real	12346
property duplicate by the auditor, and shall be collected in the	12347
same manner as other taxes.	12348

(F) All money collected by or on behalf of a county under	12349
this section shall be paid to the county treasurer of the county	12350
and kept in a separate and distinct fund to the credit of the	12351
county. The fund shall be used to pay the costs allowed in	12352
division (A) of this section and specified in the resolution	12353
adopted under that division. In no case shall any surplus so	12354
collected be expended for other than the use and benefit of the	12355
county.	12356

~~Sec. 5507.25.~~ Sec. 128.25. (A) This section applies only to a	12357
county that meets both of the following conditions:	12358

(1) A final plan for a countywide 9-1-1 system either has not	12359
been approved in the county under section ~~5507.08~~128.08 of the	12360
Revised Code or has been approved but has not been put into	12361
operation because of a lack of funding;	12362

(2) The board of county commissioners, at least once, has	12363
submitted to the electors of the county the question of raising	12364
funds for a 9-1-1 system under section ~~5507.22~~128.22, 5705.19, or	12365
5739.026 of the Revised Code, and a majority of the electors has	12366
disapproved the question each time it was submitted.	12367

(B) A board of county commissioners may adopt a resolution	12368
imposing a monthly charge on telephone access lines to pay for the	12369
equipment costs of establishing and maintaining no more than three	12370
public safety answering points of a countywide 9-1-1 system, which	12371
public safety answering points shall be only twenty-four-hour	12372
dispatching points already existing in the county. The resolution	12373
shall state the amount of the charge, which shall not exceed fifty	12374
cents per month, and the month the charge will first be imposed,	12375
which shall be no earlier than four months after the special	12376
election held pursuant to this section. Each residential and	12377
business telephone company customer within the area served by the	12378
9-1-1 system shall pay the monthly charge for each of its	12379
residential or business customer access lines or their equivalent.	12380

Before adopting a resolution under this division, the board	12381
of county commissioners shall hold at least two public hearings on	12382
the proposed charge. Before the first hearing, the board shall	12383
publish notice of the hearings once a week for two consecutive	12384
weeks in a newspaper of general circulation in the county or as	12385
provided in section 7.16 of the Revised Code. The notice shall	12386
state the amount of the proposed charge, an explanation of the	12387
necessity for the charge, and the date, time, and location of each	12388
of the hearings.	12389

(C) A resolution adopted under division (B) of this section	12390
shall direct the board of elections to submit the question of	12391
imposing the charge to the electors of the county at a special	12392
election on the day of the next primary or general election in the	12393
county. The board of county commissioners shall certify a copy of	12394
the resolution to the board of elections not less than ninety days	12395
before the day of the special election. No resolution adopted	12396
under division (B) of this section shall take effect unless	12397
approved by a majority of the electors voting upon the resolution	12398
at an election held pursuant to this section.	12399

In any year, the board of county commissioners may impose a	12400
lesser charge than the amount originally approved by the electors.	12401
The board may change the amount of the charge no more than once a	12402
year. The board may not impose a charge greater than the amount	12403
approved by the electors without first holding an election on the	12404
question of the greater charge.	12405

(D) Money raised from a monthly charge on telephone access	12406
lines under this section shall be deposited into a special fund	12407
created in the county treasury by the board of county	12408
commissioners pursuant to section 5705.12 of the Revised Code, to	12409
be used only for the necessary equipment costs of establishing and	12410
maintaining no more than three public safety answering points of a	12411
countywide 9-1-1 system pursuant to a resolution adopted under	12412
division (B) of this section. In complying with this division, any	12413
county may seek the assistance of the ~~department of public safety~~	12414
steering committee with regard to operating and maintaining a	12415
9-1-1 system.	12416

(E) Pursuant to the voter approval required by division (C)	12417
of this section, the final plan for a countywide 9-1-1 system that	12418
will be funded through a monthly charge imposed in accordance with	12419
this section shall be amended by the existing 9-1-1 planning	12420
committee, and the amendment of such a final plan is not an	12421
amendment of a final plan for the purpose of division (A) of	12422
section ~~5507.12~~128.12 of the Revised Code.	12423

~~Sec. 5507.26.~~ Sec. 128.26. (A) This section applies only to a	12424
county that has a final plan for a countywide 9-1-1 system that	12425
either has not been approved in the county under section ~~5507.08~~	12426
128.08 of the Revised Code or has been approved but has not been	12427
put into operation because of a lack of funding.	12428

(B) A board of county commissioners may adopt a resolution	12429
imposing a monthly charge on telephone access lines to pay for the	12430
operating and equipment costs of establishing and maintaining no	12431
more than one public safety answering point of a countywide 9-1-1	12432
system. The resolution shall state the amount of the charge, which	12433
shall not exceed fifty cents per month, and the month the charge	12434
will first be imposed, which shall be no earlier than four months	12435
after the special election held pursuant to this section. Each	12436
residential and business telephone company customer within the	12437
area of the county served by the 9-1-1 system shall pay the	12438
monthly charge for each of its residential or business customer	12439
access lines or their equivalent.	12440

Before adopting a resolution under this division, the board	12441
of county commissioners shall hold at least two public hearings on	12442
the proposed charge. Before the first hearing, the board shall	12443
publish notice of the hearings once a week for two consecutive	12444
weeks in a newspaper of general circulation in the county or as	12445
provided in section 7.16 of the Revised Code. The notice shall	12446
state the amount of the proposed charge, an explanation of the	12447
necessity for the charge, and the date, time, and location of each	12448
of the hearings.	12449

(C) A resolution adopted under division (B) of this section	12450
shall direct the board of elections to submit the question of	12451
imposing the charge to the electors of the county at a special	12452
election on the day of the next primary or general election in the	12453
county. The board of county commissioners shall certify a copy of	12454
the resolution to the board of elections not less than ninety days	12455
before the day of the special election. No resolution adopted	12456
under division (B) of this section shall take effect unless	12457
approved by a majority of the electors voting upon the resolution	12458
at an election held pursuant to this section.	12459

In any year, the board of county commissioners may impose a	12460
lesser charge than the amount originally approved by the electors.	12461
The board may change the amount of the charge no more than once a	12462
year. The board shall not impose a charge greater than the amount	12463
approved by the electors without first holding an election on the	12464
question of the greater charge.	12465

(D) Money raised from a monthly charge on telephone access	12466
lines under this section shall be deposited into a special fund	12467
created in the county treasury by the board of county	12468
commissioners pursuant to section 5705.12 of the Revised Code, to	12469
be used only for the necessary operating and equipment costs of	12470
establishing and maintaining no more than one public safety	12471
answering point of a countywide 9-1-1 system pursuant to a	12472
resolution adopted under division (B) of this section. In	12473
complying with this division, any county may seek the assistance	12474
of the ~~department of public safety~~steering committee with regard	12475
to operating and maintaining a 9-1-1 system.	12476

(E) Nothing in sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of	12477
the Revised Code precludes a final plan adopted in accordance with	12478
those sections from being amended to provide that, by agreement	12479
included in the plan, a public safety answering point of another	12480
countywide 9-1-1 system is the public safety answering point of a	12481
countywide 9-1-1 system funded through a monthly charge imposed in	12482
accordance with this section. In that event, the county for which	12483
the public safety answering point is provided shall be deemed the	12484
subdivision operating the public safety answering point for	12485
purposes of sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of the	12486
Revised Code, except that, for the purpose of division (D) of	12487
section ~~5507.03~~128.03 of the Revised Code, the county shall pay	12488
only so much of the costs associated with establishing, equipping,	12489
furnishing, operating, or maintaining the public safety answering	12490
point specified in the agreement included in the final plan.	12491

(F) Pursuant to the voter approval required by division (C)	12492
of this section, the final plan for a countywide 9-1-1 system that	12493
will be funded through a monthly charge imposed in accordance with	12494
this section, or that will be amended to include an agreement	12495
described in division (E) of this section, shall be amended by the	12496
existing 9-1-1 planning committee, and the amendment of such a	12497
final plan is not an amendment of a final plan for the purpose of	12498
division (A) of section ~~5507.12~~128.12 of the Revised Code.	12499

~~Sec. 5507.27.~~ Sec. 128.27. (A) As part of its normal monthly	12500
billing process, each telephone company with customers in the area	12501
served by a 9-1-1 system shall bill and collect from those	12502
customers any charge imposed under section ~~5507.25~~128.25 or	12503
~~5507.26~~128.26 of the Revised Code. The company may list the	12504
charge as a separate entry on each bill and may indicate on the	12505
bill that the charge is made pursuant to approval of a ballot	12506
issue by county voters. Any customer billed by a company for a	12507
charge imposed under section ~~5507.25~~128.25 or ~~5507.26~~128.26 of	12508
the Revised Code is liable to the county for the amount billed.	12509
The company shall apply any partial payment of a customer's bill	12510
first to the amount the customer owes the company. The company	12511
shall keep complete records of charges it bills and collects, and	12512
such records shall be open during business hours for inspection by	12513
the county commissioners or their agents or employees. If a	12514
company fails to bill any customer for the charge, it is liable to	12515
the county for the amount that was not billed.	12516

(B) A telephone company that collects charges under this	12517
section shall remit the money to the county on a quarterly basis.	12518
The company may retain three per cent of any charge it collects as	12519
compensation for the costs of such collection. If a company	12520
collects charges under this section and fails to remit the money	12521
to the county as prescribed, it is liable to the county for any	12522
amount collected and not remitted.	12523

~~Sec. 5507.32.~~ Sec. 128.32. (A)(1) The state, the state highway	12524
patrol, a subdivision, or a regional council of governments	12525
participating in a 9-1-1 system established under this chapter and	12526
any officer, agent, employee, or independent contractor of the	12527
state, the state highway patrol, or such a participating	12528
subdivision or regional council of governments is not liable in	12529
damages in a civil action for injuries, death, or loss to persons	12530
or property arising from any act or omission, except willful or	12531
wanton misconduct, in connection with developing, adopting, or	12532
approving any final plan or any agreement made under section	12533
~~5507.09~~128.09 of the Revised Code or otherwise bringing into	12534
operation the 9-1-1 system pursuant to this chapter.	12535

(2) The ~~Ohio 9-1-1 council, the wireless 9-1-1 advisory~~	12536
~~board,~~steering committee and any member of ~~that council or board~~	12537
the steering committee are not liable in damages in a civil action	12538
for injuries, death, or loss to persons or property arising from	12539
any act or omission, except willful or wanton misconduct, in	12540
connection with the development or operation of a 9-1-1 system	12541
established under this chapter.	12542

(B) Except as otherwise provided in this section ~~5507.32 of~~	12543
~~the Revised Code~~, an individual who gives emergency instructions	12544
through a 9-1-1 system established under this chapter, and the	12545
principals for whom the person acts, including both employers and	12546
independent contractors, public and private, and an individual who	12547
follows emergency instructions and the principals for whom that	12548
person acts, including both employers and independent contractors,	12549
public and private, are not liable in damages in a civil action	12550
for injuries, death, or loss to persons or property arising from	12551
the issuance or following of emergency instructions, except where	12552
the issuance or following of the instructions constitutes willful	12553
or wanton misconduct.	12554

(C) Except for willful or wanton misconduct, a telephone	12555
company, and any other installer, maintainer, or provider, through	12556
the sale or otherwise, of customer premises equipment, and their	12557
respective officers, directors, employees, agents, and suppliers	12558
are not liable in damages in a civil action for injuries, death,	12559
or loss to persons or property incurred by any person resulting	12560
from any of the following:	12561

(1) Such an entity's or its officers', directors',	12562
employees', agents', or suppliers' participation in or acts or	12563
omissions in connection with participating in or developing,	12564
maintaining, or operating a 9-1-1 system;	12565

(2) Such an entity's or its officers', directors',	12566
employees', agents', or suppliers' provision of assistance to a	12567
public utility, municipal utility, or state or local government as	12568
authorized by divisions (G)(4) and (5) of this section.	12569

(D) Except for willful or wanton misconduct, a provider of	12570
and a seller of a prepaid wireless calling service and their	12571
respective officers, directors, employees, agents, and suppliers	12572
are not liable in damages in a civil action for injuries, death,	12573
or loss to persons or property incurred by any person resulting	12574
from anything described in division (C) of this section.	12575

(E) No person shall knowingly use the telephone number of a	12576
9-1-1 system established under this chapter to report an emergency	12577
if the person knows that no emergency exists.	12578

(F) No person shall knowingly use a 9-1-1 system for a	12579
purpose other than obtaining emergency service.	12580

(G) No person shall disclose or use any information	12581
concerning telephone numbers, addresses, or names obtained from	12582
the data base that serves the public safety answering point of a	12583
9-1-1 system established under this chapter, except for any of the	12584
following purposes or under any of the following circumstances:	12585

(1) For the purpose of the 9-1-1 system;

12586

(2) For the purpose of responding to an emergency call to an	12587
emergency service provider;	12588

(3) In the circumstance of the inadvertent disclosure of such	12589
information due solely to technology of the wireline telephone	12590
network portion of the 9-1-1 system not allowing access to the	12591
data base to be restricted to 9-1-1 specific answering lines at a	12592
public safety answering point;	12593

(4) In the circumstance of access to a data base being given	12594
by a telephone company that is a wireline service provider to a	12595
public utility or municipal utility in handling customer calls in	12596
times of public emergency or service outages. The charge, terms,	12597
and conditions for the disclosure or use of such information for	12598
the purpose of such access to a data base shall be subject to the	12599
jurisdiction of the ~~department of public safety~~steering	12600
committee.	12601

(5) In the circumstance of access to a data base given by a	12602
telephone company that is a wireline service provider to a state	12603
and local government in warning of a public emergency, as	12604
determined by the ~~department of public safety~~steering committee.	12605
The charge, terms, and conditions for the disclosure or use of	12606
that information for the purpose of access to a data base is	12607
subject to the jurisdiction of the ~~department of public safety~~	12608
steering committee.	12609

~~Sec. 5507.34.~~ Sec. 128.34. (A) The attorney general, upon request	12610
of the ~~department of public safety~~steering committee, or on the	12611
attorney general's own initiative, shall begin proceedings against	12612
a telephone company that is a wireline service provider to enforce	12613
compliance with this chapter or with the terms, conditions,	12614
requirements, or specifications of a final plan or of an agreement	12615
under section ~~5507.09~~128.09 of the Revised Code as to wireline	12616
or wireless 9-1-1.	12617

(B) The attorney general, upon the attorney general's own	12618
initiative, or any prosecutor, upon the prosecutor's initiative,	12619
shall begin proceedings against a subdivision or a regional	12620
council of governments as to wireline or wireless 9-1-1 to enforce	12621
compliance with this chapter or with the terms, conditions,	12622
requirements, or specifications of a final plan or of an agreement	12623
under section ~~5507.09~~128.09 of the Revised Code as to wireline or	12624
wireless 9-1-1.	12625

~~Sec. 5507.40.~~ Sec. 128.40. There is hereby created within the	12626
~~public utilities commission~~department of administrative services	12627
the 9-1-1 ~~service~~ program office, headed by an ~~Ohio 9-1-1~~	12628
~~coordinator~~administrator in the unclassified civil service	12629
pursuant to division (A)(9) of section 124.11 of the Revised Code.	12630
The ~~coordinator~~administrator shall be appointed by and serve at	12631
the pleasure of the ~~commission chairperson~~director of	12632
administrative services and shall report directly to the	12633
~~chairperson. On May 6, 2005, the chairperson shall appoint an~~	12634
~~interim coordinator and, upon submission of a list of nominees by~~	12635
~~the Ohio 9-1-1 council pursuant to section 5507.65 of the Revised~~	12636
~~Code, shall consider those nominees in making the final~~	12637
~~appointment and in appointing any subsequent coordinator. The~~	12638
~~chairperson may request the council to submit additional nominees~~	12639
~~and may reject any of the nominees. The chairperson shall fix the~~	12640
~~compensation of the coordinator. The chairperson shall evaluate~~	12641
~~the performance of the coordinator after considering the~~	12642
~~evaluation and recommendations of the council under section~~	12643
~~5507.65 of the Revised Code~~state chief information officer. The	12644
program office	12645

~~The Ohio 9-1-1 coordinator~~ shall administer the wireless	12646
9-1-1 government assistance fund as specified in sections ~~5507.53~~	12647
128.53 and ~~5507.55~~128.55 of the Revised Code. ~~The coordinator~~	12648
~~shall carry out the coordinator's duties under this chapter. The~~	12649
~~chairperson may establish additional duties of the coordinator~~	12650
~~based on a list of recommended duties submitted by the Ohio 9-1-1~~	12651
~~council pursuant to section 5507.65 of the Revised Code. The~~	12652
~~chairperson may assign one or more commission employees to assist~~	12653
~~the coordinator in carrying out the coordinator's duties.~~	12654

~~Sec. 5507.42.~~ Sec. 128.42. (A) There is hereby imposed a wireless	12655
9-1-1 charge of twenty-five cents per month as follows:	12656

(1) On each wireless telephone number of a wireless service	12657
subscriber who has a billing address in this state. The subscriber	12658
shall pay the wireless 9-1-1 charge for each such wireless	12659
telephone number assigned to the subscriber. Each wireless service	12660
provider and each reseller shall collect the wireless 9-1-1 charge	12661
as a specific line item on each subscriber's monthly bill. The	12662
line item shall be expressly designated "State/Local Wireless-E911	12663
Costs ($0.25/billed number)." If a provider bills a subscriber for	12664
any wireless enhanced 9-1-1 costs that the provider may incur, the	12665
charge or amount is not to appear in the same line item as the	12666
state/local line item. If the charge or amount is to appear in its	12667
own, separate line item on the bill, the charge or amount shall be	12668
expressly designated "[Name of Provider] Federal Wireless-E911	12669
Costs."	12670

(2)(a) Prior to January 1, 2014, on each subscriber of	12671
prepaid wireless service. A wireless service provider or reseller	12672
shall collect the wireless 9-1-1 charge in either of the following	12673
manners:	12674

(i) If the subscriber has a positive account balance on the	12675
last day of the month and has used the service during that month,	12676
by reducing that balance not later than the end of the first week	12677
of the following month by twenty-five cents or an equivalent	12678
number of airtime minutes;	12679

(ii) By dividing the total earned prepaid wireless telephone	12680
revenue from sales within this state received by the wireless	12681
service provider or reseller during the month by fifty,	12682
multiplying the quotient by twenty-five cents.	12683

(b) Amounts collected under division (A)(2) of this section	12684
shall be remitted pursuant to division (A)(1) of section ~~5507.46~~	12685
128.46 of the Revised Code.	12686

The wireless 9-1-1 charges authorized under this section	12687
shall not be imposed on a subscriber of wireless lifeline service	12688
or a provider of that service.	12689

(B) Beginning January 1, 2014:

12690

(1) There is hereby imposed, on each retail sale of a prepaid	12691
wireless calling service occurring in this state, a wireless 9-1-1	12692
charge of five-tenths of one per cent of the sale price.	12693

(2) For purposes of division (B)(1) of this section, a retail	12694
sale occurs in this state if it is effected by the consumer	12695
appearing in person at a seller's business location in this state,	12696
or if the sale is sourced to this state under division (E)(3) of	12697
section 5739.034 of the Revised Code, except that under that	12698
division, in lieu of sourcing a sale under division (C)(5) of	12699
section 5739.033 of the Revised Code, the seller, rather than the	12700
service provider, may elect to source the sale to the location	12701
associated with the mobile telephone number.	12702

(3)(a) Except as provided in division (B)(4)(c) of this	12703
section, the seller of the prepaid wireless calling service shall	12704
collect the charge from the consumer at the time of each retail	12705
sale and disclose the amount of the charge to the consumer at the	12706
time of the sale by itemizing the charge on the receipt, invoice,	12707
or similar form of written documentation provided to the consumer.	12708

(b) The seller shall comply with the reporting and remittance	12709
requirements under section ~~5507.46~~128.46 of the Revised Code.	12710

(4) When a prepaid wireless calling service is sold with one	12711
or more other products or services for a single, nonitemized	12712
price, the wireless 9-1-1 charge imposed under division (B)(1) of	12713
this section shall apply to the entire nonitemized price, except	12714
as provided in divisions (B)(4)(a) to (c) of this section.	12715

(a) If the amount of the prepaid wireless calling service is	12716
disclosed to the consumer as a dollar amount, the seller may elect	12717
to apply the charge only to that dollar amount.	12718

(b) If the seller can identify the portion of the nonitemized	12719
price that is attributable to the prepaid wireless calling	12720
service, by reasonable and verifiable standards from the seller's	12721
books and records that are kept in the regular course of business	12722
for other purposes, including nontax purposes, the seller may	12723
elect to apply the charge only to that portion.	12724

(c) If a minimal amount of a prepaid wireless calling service	12725
is sold with a prepaid wireless calling device for the single,	12726
nonitemized price, the seller may elect not to collect the charge.	12727
As used in this division, "minimal" means either ten minutes or	12728
less or five dollars or less.	12729

(C) The wireless 9-1-1 charges shall be exempt from state or	12730
local taxation.	12731

~~Sec. 5507.44.~~ Sec. 128.44. Beginning January 1, 2014, the tax	12732
commissioner shall provide notice to all known wireless service	12733
providers, resellers, and sellers of prepaid wireless calling	12734
services of any increase or decrease in either of the wireless	12735
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	12736
Code. Each notice shall be provided not less than thirty days	12737
before the effective date of the increase or decrease.	12738

~~Sec. 5507.46.~~ Sec. 128.46. (A) Prior to January 1, 2014:

12739

(1) A wireless service provider or reseller, not later than	12740
the last day of each month, shall remit the full amount of all	12741
wireless 9-1-1 charges it collected under division (A) of section	12742
~~5507.42~~128.42 of the Revised Code for the second preceding	12743
calendar month to the ~~Ohio 9-1-1 coordinator~~administrator, with	12744
the exception of charges equivalent to the amount authorized as a	12745
billing and collection fee under division (A)(2) of this section.	12746
In doing so, the provider or reseller may remit the requisite	12747
amount in any reasonable manner consistent with its existing	12748
operating or technological capabilities, such as by customer	12749
address, location associated with the wireless telephone number,	12750
or another allocation method based on comparable, relevant data.	12751
If the wireless service provider or reseller receives a partial	12752
payment for a bill from a wireless service subscriber, the	12753
wireless service provider or reseller shall apply the payment	12754
first against the amount the subscriber owes the wireless service	12755
provider or reseller and shall remit to the ~~coordinator~~	12756
administrator such lesser amount, if any, as results from that	12757
invoice.	12758

(2) A wireless service provider or reseller may retain as a	12759
billing and collection fee two per cent of the total wireless	12760
9-1-1 charges it collects in a month and shall account to the	12761
~~coordinator~~administrator for the amount retained.	12762

(3) The ~~coordinator~~administrator shall return to, or credit	12763
against the next month's remittance of, a wireless service	12764
provider or reseller the amount of any remittances the ~~coordinator~~	12765
administrator determines were erroneously submitted by the	12766
provider or reseller.	12767

(B) Beginning January 1, 2014:

12768

(1) Each seller of a prepaid wireless calling service,	12769
wireless service provider, and reseller shall, on or before the	12770
twenty-third day of each month, except as provided in divisions	12771
(B)(2) and (3) of this section, do both of the following:	12772

(a) Make and file a return for the preceding month, in the	12773
form prescribed by the tax commissioner, showing the amount of the	12774
wireless 9-1-1 charges due under section ~~5507.42~~128.42 of the	12775
Revised Code for that month;	12776

(b) Remit the full amount due, as shown on the return, with	12777
the exception of charges equivalent to the amount authorized as a	12778
collection fee under division (B)(4) of this section.	12779

(2) The commissioner may grant one or more thirty-day	12780
extensions for making and filing returns and remitting amounts	12781
due.	12782

(3) If a seller is required to collect prepaid wireless 9-1-1	12783
charges in amounts that do not merit monthly returns, the	12784
commissioner may authorize the seller to make and file returns	12785
less frequently. The commissioner shall ascertain whether this	12786
authorization is warranted upon the basis of administrative costs	12787
to the state.	12788

(4) A wireless service provider, reseller, and seller may	12789
each retain as a collection fee three per cent of the total	12790
wireless 9-1-1 charges required to be collected under section	12791
~~5507.42~~128.42 of the Revised Code, and shall account to the tax	12792
commissioner for the amount retained.	12793

(5) The return required under division (B)(1)(a) of this	12794
section shall be filed electronically using the Ohio business	12795
gateway, as defined in section 718.051 of the Revised Code, the	12796
Ohio telefile system, or any other electronic means prescribed by	12797
the tax commissioner. Remittance of the amount due shall be made	12798
electronically in a manner approved by the commissioner. A	12799
wireless service provider, reseller, or seller may apply to the	12800
commissioner on a form prescribed by the commissioner to be	12801
excused from either electronic requirement of this division. For	12802
good cause shown, the commissioner may excuse the provider,	12803
reseller, or seller from either or both of the requirements and	12804
may permit the provider, reseller, or seller to file returns or	12805
make remittances by nonelectronic means.	12806

(C)(1) Prior to January 1, 2014, each subscriber on which a	12807
wireless 9-1-1 charge is imposed under division (A) of section	12808
~~5507.42~~128.42 of the Revised Code is liable to the state for the	12809
amount of the charge. If a wireless service provider or reseller	12810
fails to collect the charge under that division from a subscriber	12811
of prepaid wireless service, or fails to bill any other subscriber	12812
for the charge, the wireless service provider or reseller is	12813
liable to the state for the amount not collected or billed. If a	12814
wireless service provider or reseller collects charges under that	12815
division and fails to remit the money to the ~~coordinator~~	12816
administrator, the wireless service provider or reseller is liable	12817
to the state for any amount collected and not remitted.	12818

(2) Beginning January 1, 2014:

12819

(a) Each subscriber or consumer on which a wireless 9-1-1	12820
charge is imposed under section ~~5507.42~~128.42 of the Revised Code	12821
is liable to the state for the amount of the charge. If a wireless	12822
service provider or reseller fails to bill or collect the charge,	12823
or if a seller fails to collect the charge, the provider,	12824
reseller, or seller is liable to the state for the amount not	12825
billed or collected. If a provider, reseller, or seller fails to	12826
remit money to the tax commissioner as required under this	12827
section, the provider, reseller, or seller is liable to the state	12828
for the amount not remitted, regardless of whether the amount was	12829
collected.	12830

(b) No provider of a prepaid wireless calling service shall	12831
be liable to the state for any wireless 9-1-1 charge imposed under	12832
division (B)(1) of section ~~5507.42~~128.42 of the Revised Code that	12833
was not collected or remitted.	12834

(D) Prior to January 1, 2014:

12835

(1) If the ~~public utilities commission~~steering committee has	12836
reason to believe that a wireless service provider or reseller has	12837
failed to bill, collect, or remit the wireless 9-1-1 charge as	12838
required by divisions (A)(1) and (C)(1) of this section or has	12839
retained more than the amount authorized under division (A)(2) of	12840
this section, and after written notice to the provider or	12841
reseller, the ~~commission~~steering committee may audit the	12842
provider or reseller for the sole purpose of making such a	12843
determination. The audit may include, but is not limited to, a	12844
sample of the provider's or reseller's billings, collections,	12845
remittances, or retentions for a representative period, and the	12846
~~commission~~steering committee shall make a good faith effort to	12847
reach agreement with the provider or reseller in selecting that	12848
sample.	12849

(2) Upon written notice to the wireless service provider or	12850
reseller, the ~~commission~~steering committee, by order after	12851
completion of the audit, may make an assessment against the	12852
provider or reseller if, pursuant to the audit, the ~~commission~~	12853
steering committee determines that the provider or reseller has	12854
failed to bill, collect, or remit the wireless 9-1-1 charge as	12855
required by divisions (A)(1) and (C)(1) of this section or has	12856
retained more than the amount authorized under division (A)(2) of	12857
this section. The assessment shall be in the amount of any	12858
remittance that was due and unpaid on the date notice of the audit	12859
was sent by the ~~commission~~steering committee to the provider or	12860
reseller or, as applicable, in the amount of the excess amount	12861
under division (A)(2) of this section retained by the provider or	12862
reseller as of that date.	12863

(3) The portion of any assessment not paid within sixty days	12864
after the date of service by the ~~commission~~steering committee of	12865
the assessment notice under division (D)(2) of this section shall	12866
bear interest from that date until paid at the rate per annum	12867
prescribed by section 5703.47 of the Revised Code. That interest	12868
may be collected by making an assessment under division (D)(2) of	12869
this section. An assessment under this division and any interest	12870
due shall be remitted in the same manner as the wireless 9-1-1	12871
charge imposed under division (A) of section ~~5507.42~~128.42 of the	12872
Revised Code.	12873

(4) ~~An assessment is final and due and payable and shall be~~	12874
~~remitted to the commission unless the assessed party petitions for~~	12875
~~rehearing under section 4903.10 of the Revised Code. The~~	12876
~~proceedings of the commission specified in division (D)(4) of this~~	12877
~~section are subject to and governed by Chapter 4903. of the~~	12878
~~Revised Code, except that the court of appeals of Franklin county~~	12879
~~has exclusive, original jurisdiction to review, modify, or vacate~~	12880
~~an order of the commission under division (D)(2) of this section.~~	12881
~~The court shall hear and determine such appeal in the same manner~~	12882
~~and under the same standards as the Ohio supreme court hears and~~	12883
~~determines appeals under Chapter 4903. of the Revised Code.~~	12884

~~The judgment of the court of appeals is final and conclusive~~	12885
~~unless reversed, vacated, or modified on appeal. Such an appeal~~	12886
~~may be made by the commission or the person to whom the order~~	12887
~~under division (D)(2) of this section was issued and shall proceed~~	12888
~~as in the case of appeals in civil actions as provided in Chapter~~	12889
~~2505. of the Revised Code.~~Unless the provider, reseller, or	12890
seller assessed files with the steering committee within sixty	12891
days after service of the notice of assessment, either personally	12892
or by certified mail, a written petition for reassessment, signed	12893
by the party assessed or that party's authorized agent having	12894
knowledge of the facts, the assessment shall become final and the	12895
amount of the assessment shall be due and payable from the party	12896
assessed to the administrator. The petition shall indicate the	12897
objections of the party assessed, but additional objections may be	12898
raised in writing if received by the administrator or the steering	12899
committee prior to the date shown on the final determination.	12900

(5) After an assessment becomes final, if any portion of the	12901
assessment remains unpaid, including accrued interest, a certified	12902
copy of the ~~commission's entry making the assessment~~ final	12903
assessment may be filed in the office of the clerk of the court of	12904
common pleas in the county in which the place of business of the	12905
assessed party is located. If the party assessed maintains no	12906
place of business in this state, the certified copy of the ~~entry~~	12907
final assessment may be filed in the office of the clerk of the	12908
court of common pleas of Franklin county. Immediately upon the	12909
filing, the clerk shall enter a judgment for the state against the	12910
assessed party in the amount shown on the ~~entry~~final assessment.	12911
The judgment may be filed by the clerk in a loose-leaf book	12912
entitled "special judgments for wireless 9-1-1 charges" and shall	12913
have the same effect as other judgments. The judgment shall be	12914
executed upon the request of the ~~commission~~steering committee.	12915

(6) An assessment under this division does not discharge a	12916
subscriber's liability to reimburse the provider or reseller for	12917
the wireless 9-1-1 charge imposed under division (A) of section	12918
~~5507.42~~128.42 of the Revised Code. If, after the date of service	12919
of the audit notice under division (D)(1) of this section, a	12920
subscriber pays a wireless 9-1-1 charge for the period covered by	12921
the assessment, the payment shall be credited against the	12922
assessment.	12923

(7) All money collected by the ~~commission~~administrator under	12924
division (D) of this section shall be paid to the treasurer of	12925
state, for deposit to the credit of the wireless 9-1-1 government	12926
assistance fund.	12927

(E) Beginning January 1, 2014:

12928

(1) If the tax commissioner has reason to believe that a	12929
wireless service provider, reseller, or seller has failed to bill,	12930
collect, or remit the wireless 9-1-1 charge as required by this	12931
section and section ~~5507.42~~128.42 of the Revised Code or has	12932
retained more than the amount authorized under division (B)(4) of	12933
this section, and after written notice to the provider, reseller,	12934
or seller, the tax commissioner may audit the provider, reseller,	12935
or seller for the sole purpose of making such a determination. The	12936
audit may include, but is not limited to, a sample of the	12937
provider's, reseller's, or seller's billings, collections,	12938
remittances, or retentions for a representative period, and the	12939
tax commissioner shall make a good faith effort to reach agreement	12940
with the provider, reseller, or seller in selecting that sample.	12941

(2) Upon written notice to the wireless service provider,	12942
reseller, or seller, the tax commissioner, after completion of the	12943
audit, may make an assessment against the provider, reseller, or	12944
seller if, pursuant to the audit, the tax commissioner determines	12945
that the provider, reseller, or seller has failed to bill,	12946
collect, or remit the wireless 9-1-1 charge as required by this	12947
section and section ~~5507.42~~128.42 of the Revised Code or has	12948
retained more than the amount authorized under division (B)(4) of	12949
this section. The assessment shall be in the amount of any	12950
remittance that was due and unpaid on the date notice of the audit	12951
was sent by the tax commissioner to the provider, reseller, or	12952
seller or, as applicable, in the amount of the excess amount under	12953
division (B)(4) of this section retained by the provider,	12954
reseller, or seller as of that date.	12955

(3) The portion of any assessment consisting of wireless	12956
9-1-1 charges due and not paid within sixty days after the date of	12957
~~service by the tax commissioner of~~that the assessment ~~notice~~was	12958
made under division (E)(2) of this section shall bear interest	12959
from that date until paid at the rate per annum prescribed by	12960
section 5703.47 of the Revised Code. That interest may be	12961
collected by making an assessment under division (E)(2) of this	12962
section. ~~An assessment under this division and any interest due~~	12963
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	12964
~~imposed under section 5507.42 of the Revised Code.~~	12965

(4) ~~The portion of the assessment not paid within sixty days~~	12966
~~after the day the assessment was issued shall bear interest at the~~	12967
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	12968
~~from the day the commissioner issues the assessment until it is~~	12969
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	12970
~~charges and may be collected by the issuance of an assessment~~	12971
~~under division (E) of this section.~~	12972

~~(5)~~ Unless the provider, reseller, or seller assessed files	12973
with the tax commissioner within sixty days after service of the	12974
notice of assessment, either personally or by certified mail, a	12975
written petition for reassessment, signed by the party assessed or	12976
that party's authorized agent having knowledge of the facts, the	12977
assessment shall become final and the amount of the assessment	12978
shall be due and payable from the party assessed to the treasurer	12979
of state, for deposit to the next generation 9-1-1 fund, which is	12980
created under section ~~5507.54~~128.54 of the Revised Code. The	12981
petition shall indicate the objections of the party assessed, but	12982
additional objections may be raised in writing if received by the	12983
commissioner prior to the date shown on the final determination.	12984
If the petition has been properly filed, the commissioner shall	12985
proceed under section 5703.60 of the Revised Code.	12986

~~(6)~~(5) After an assessment becomes final, if any portion of	12987
the assessment remains unpaid, including accrued interest, a	12988
certified copy of the final assessment may be filed in the office	12989
of the clerk of the court of common pleas in the county in which	12990
the business of the assessed party is conducted. If the party	12991
assessed maintains no place of business in this state, the	12992
certified copy of the final assessment may be filed in the office	12993
of the clerk of the court of common pleas of Franklin county.	12994
Immediately upon the filing, the clerk shall enter a judgment for	12995
the state against the assessed party in the amount shown on the	12996
final assessment. The judgment may be filed by the clerk in a	12997
loose-leaf book entitled "special judgments for wireless 9-1-1	12998
charges" and shall have the same effect as other judgments. The	12999
judgment shall be executed upon the request of the tax	13000
commissioner.	13001

~~(7)~~(6) If the commissioner determines that the commissioner	13002
erroneously has refunded a wireless 9-1-1 charge to any person,	13003
the commissioner may make an assessment against that person for	13004
recovery of the erroneously refunded charge.	13005

~~(8)~~(7) An assessment under division (E) of this section does	13006
not discharge a subscriber's or consumer's liability to reimburse	13007
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	13008
after the date of service of the audit notice under division	13009
(E)(1) of this section, a subscriber or consumer pays a wireless	13010
9-1-1 charge for the period covered by the assessment, the payment	13011
shall be credited against the assessment.	13012

~~Sec. 5507.52.~~ Sec. 128.52. (A) Beginning on July 1, 2013, each	13013
seller of a prepaid wireless calling service required to collect	13014
prepaid wireless 9-1-1 charges under division (B) of section	13015
~~5507.42~~128.42 of the Revised Code shall also be subject to the	13016
provisions of Chapter 5739. of the Revised Code regarding the	13017
excise tax on retail sales levied under section 5739.02 of the	13018
Revised Code, as those provisions apply to audits, assessments,	13019
appeals, enforcement, liability, and penalties.	13020

(B) The tax commissioner shall establish procedures by which	13021
a person may document that a sale is not a retail sale of a	13022
prepaid wireless calling service. The procedures shall	13023
substantially coincide with similar procedures under Chapter 5739.	13024
of the Revised Code.	13025

~~Sec. 5507.53.~~ Sec. 128.53. (A) There is hereby created the	13026
wireless 9-1-1 administrative fund in the state treasury. A	13027
~~sufficient percentage, determined by the chairperson of the public~~	13028
~~utilities commission but not to exceed two~~Two per cent, of the	13029
periodic remittances of the wireless 9-1-1 charges under section	13030
~~5507.46~~128.46 of the Revised Code shall be deposited to the	13031
credit of the fund, to be used by the ~~commission~~steering	13032
committee to cover such nonpayroll costs and, at the discretion of	13033
the ~~commission~~steering committee such payroll costs, of the	13034
~~commission~~steering committee as are incurred in ~~assisting the~~	13035
~~coordinator in~~ carrying out ~~sections 5507.40 to 5507.66 of the~~	13036
~~Revised Code and in conducting audits under division (D) of~~	13037
~~section 5507.46 of the Revised Code. In addition, the compensation~~	13038
~~of the Ohio 9-1-1 coordinator, and any expenses of the coordinator~~	13039
~~in carrying out those sections, shall be paid from the fund~~this	13040
chapter.	13041

(B) There is hereby created the wireless 9-1-1 government	13042
assistance fund, which shall be in the custody of the treasurer of	13043
state but shall not be part of the state treasury. The periodic	13044
remittances of the wireless 9-1-1 charges under section ~~5507.46~~	13045
128.46 of the Revised Code, remaining after the deposit required	13046
by division (A) of this section, shall be deposited to the credit	13047
of the wireless 9-1-1 government assistance fund. The treasurer of	13048
state shall deposit or invest the moneys in this fund in	13049
accordance with Chapter 135. of the Revised Code and any other	13050
provision of law governing public moneys of the state as defined	13051
in section 135.01 of the Revised Code. The treasurer of state	13052
shall credit the interest earned to the fund. The treasurer of	13053
state shall disburse money from the fund solely upon order of the	13054
~~coordinator~~steering committee as authorized under division (A) of	13055
section ~~5507.55~~128.55 of the Revised Code. Annually, unless the	13056
fund is depleted, the treasurer of state shall certify to the	13057
~~coordinator~~steering committee the amount of moneys in the	13058
treasurer of state's custody belonging to the fund.	13059

(C) The ~~commission~~steering committee shall transfer the	13060
funds remaining in the wireless 9-1-1 government assistance fund	13061
after the disbursements made under division (A) of section ~~5507.55~~	13062
128.55 of the Revised Code to the credit of the next generation	13063
9-1-1 fund, created in section ~~5507.54~~128.54 of the Revised	13064
Code.	13065

~~Sec. 5507.54.~~ Sec. 128.54. (A) Beginning January 1, 2014:

13066

(1) The periodic remittances of the wireless 9-1-1 charges	13067
under section ~~5507.46~~128.46 of the Revised Code shall be paid to	13068
the treasurer of state for deposit as follows:	13069

(a) ~~Ninety-eight~~Ninety-seven per cent to the wireless 9-1-1	13070
government assistance fund, which is hereby created in the custody	13071
of the treasurer of state but which shall not be a part of the	13072
state treasury. The treasurer of state shall deposit or invest the	13073
moneys in this fund in accordance with Chapter 135. of the Revised	13074
Code and any other provision of law governing public moneys of the	13075
state as defined in section 135.01 of the Revised Code. The	13076
treasurer of state shall credit the interest earned to the fund.	13077
The treasurer of state shall disburse money from the fund solely	13078
upon order of the tax commissioner according to policies	13079
established by the ~~statewide emergency services internet protocol~~	13080
~~network~~ steering committee as authorized under section ~~5507.021~~	13081
128.021 of the Revised Code. Annually, until the fund is depleted,	13082
the treasurer of state shall certify to the commissioner the	13083
amount of moneys in the treasurer of state's custody belonging to	13084
the fund.	13085

(b) One per cent to the wireless 9-1-1 administrative fund,	13086
which is hereby created in the state treasury. The treasurer of	13087
state shall credit the interest earned to the fund.	13088

(c) ~~One~~Two per cent to the ~~wireless~~ 9-1-1 ~~public safety~~	13089
~~administrative~~program fund, which is hereby created in the state	13090
treasury. The treasurer of state shall credit the interest earned	13091
to the fund.	13092

(2) The tax commissioner shall use the remittances in the	13093
wireless 9-1-1 administrative fund to defray the costs in carrying	13094
out this chapter.	13095

(3) The ~~director of public safety~~steering committee shall	13096
use the remittances in the ~~wireless~~ 9-1-1 ~~public safety~~	13097
~~administrative~~program fund to defray the costs incurred by the	13098
~~department~~steering committee in carrying out this chapter.	13099

(4) Annually, the tax commissioner and the ~~director of public~~	13100
~~safety~~steering committee, after paying administrative costs under	13101
~~division (B) of~~ this section, shall transfer any excess remaining	13102
in the administrative funds to the next generation 9-1-1 fund,	13103
created under this section.	13104

(B)(1) There is hereby created the next generation 9-1-1	13105
fund, which shall be in the custody of the treasurer but shall not	13106
be a part of the state treasury.	13107

(2) Beginning on January 1, 2014, the tax commissioner shall	13108
transfer the funds remaining in the wireless 9-1-1 government	13109
assistance fund after the disbursements made under division (B)(1)	13110
of section ~~5507.55~~128.55 of the Revised Code to the credit of the	13111
next generation 9-1-1 fund.	13112

(3) The treasurer of state shall deposit or invest the moneys	13113
in the next generation 9-1-1 fund in accordance with Chapter 135.	13114
of the Revised Code and any other provision of law governing	13115
public moneys of the state as defined in section 135.01 of the	13116
Revised Code. The treasurer of state shall credit the interest	13117
earned to the fund. The treasurer of state shall disburse money	13118
from the fund solely upon order of the tax commissioner according	13119
to policies established by the ~~statewide emergency services~~	13120
~~internet protocol network~~ steering committee as authorized under	13121
section ~~5507.021~~128.021 of the Revised Code. Annually, until the	13122
fund is depleted, the treasurer of state shall certify to the	13123
commissioner the amount of moneys in the treasurer of state's	13124
custody belonging to the fund.	13125

~~Sec. 5507.55.~~ Sec. 128.55. (A) Prior to January 1, 2014, the ~~public~~	13126
~~utilities commission~~steering committee shall disburse moneys from	13127
the wireless 9-1-1 government assistance fund to each county in	13128
the same manner as the 2012 disbursements, in accordance with	13129
divisions (A) and (B) of section 4931.64 of the Revised Code as	13130
those divisions existed prior to the effective date of H.B. 360 of	13131
the 129th general assembly, December 20, 2012.	13132

(B) Beginning January 1, 2014:

13133

(1) The tax commissioner, not later than the last day of each	13134
month, shall disburse moneys from the wireless 9-1-1 government	13135
assistance fund to each county in the same manner as the 2012	13136
disbursements, in accordance with divisions (A) and (B) of section	13137
4931.64 of the Revised Code as those divisions existed prior to	13138
the effective date of H.B. 360 of the 129th general assembly,	13139
December 20, 2012.	13140

(2) The tax commissioner shall disburse moneys from the next	13141
generation 9-1-1 fund in accordance with the guidelines	13142
established under section ~~5507.022~~128.022 of the Revised Code.	13143

(C) Immediately upon receipt by a county treasurer of a	13144
disbursement under division (A) or (B)(1) of this section, the	13145
county shall disburse, in accordance with the allocation formula	13146
set forth in the final plan, the amount the county so received to	13147
any other subdivisions in the county and any regional councils of	13148
governments in the county that pay the costs of a public safety	13149
answering point providing wireless enhanced 9-1-1 under the plan.	13150

(D) Nothing in this chapter affects the authority of a	13151
subdivision operating or served by a public safety answering point	13152
of a 9-1-1 system or a regional council of governments operating a	13153
public safety answering point of a 9-1-1 system to use, as	13154
provided in the final plan for the system or in an agreement under	13155
section ~~5507.09~~128.09 of the Revised Code, any other authorized	13156
revenue of the subdivision or the regional council of governments	13157
for the purposes of providing basic or enhanced 9-1-1.	13158

~~Sec. 5507.57.~~ Sec. 128.57. Except as otherwise provided in section	13159
~~5507.571~~128.571 of the Revised Code:	13160

(A) A countywide 9-1-1 system receiving a disbursement under	13161
section ~~5507.55~~128.55 of the Revised Code shall provide	13162
countywide wireless enhanced 9-1-1 in accordance with this chapter	13163
beginning as soon as reasonably possible after receipt of the	13164
first disbursement or, if that service is already implemented,	13165
shall continue to provide such service. Except as provided in	13166
divisions (B), (C), and (E) of this section, a disbursement shall	13167
be used solely for the purpose of paying either or both of the	13168
following:	13169

(1) Any costs of designing, upgrading, purchasing, leasing,	13170
programming, installing, testing, or maintaining the necessary	13171
data, hardware, software, and trunking required for the public	13172
safety answering point or points of the 9-1-1 system to provide	13173
wireless enhanced 9-1-1, which costs are incurred before or on or	13174
after May 6, 2005, and consist of such additional costs of the	13175
9-1-1 system over and above any costs incurred to provide wireline	13176
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,	13177
up to twenty-five thousand dollars of the disbursements received	13178
on or after January 1, 2009, may be applied to data, hardware, and	13179
software that automatically alerts personnel receiving a 9-1-1	13180
call that a person at the subscriber's address or telephone number	13181
may have a mental or physical disability, of which that personnel	13182
shall inform the appropriate emergency service provider. On or	13183
after the provision of technical and operational standards	13184
pursuant to ~~division (D)(1) of~~ section ~~5507.65~~128.021 of the	13185
Revised Code, a regional council of governments operating a public	13186
safety answering point or a subdivision shall consider the	13187
standards before incurring any costs described in this division.	13188

(2) Any costs of training the staff of the public safety	13189
answering point or points to provide wireless enhanced 9-1-1,	13190
which costs are incurred before or on or after May 6, 2005.	13191

(B) A subdivision or a regional council of governments that	13192
certifies to the ~~department of public safety~~steering committee	13193
that it has paid the costs described in divisions (A)(1) and (2)	13194
of this section and is providing countywide wireless enhanced	13195
9-1-1 may use disbursements received under section ~~5507.55~~128.55	13196
of the Revised Code to pay any of its personnel costs of one or	13197
more public safety answering points providing countywide wireless	13198
enhanced 9-1-1.	13199

(C) After receiving its July 2013 disbursement under division	13200
(A) of section ~~5507.55~~128.55 of the Revised Code, a regional	13201
council of governments operating a public safety answering point	13202
or a subdivision may use any remaining balance of disbursements it	13203
received under that division to pay any of its costs of providing	13204
countywide wireless 9-1-1, including the personnel costs of one or	13205
more public safety answering points providing that service.	13206

(D) The costs described in divisions (A), (B), (C), and (E)	13207
of this section may include any such costs payable pursuant to an	13208
agreement under division (J) of section ~~5507.03~~128.03 of the	13209
Revised Code.	13210

(E)(1) No disbursement to a countywide 9-1-1 system for costs	13211
of a public safety answering point shall be made from the wireless	13212
9-1-1 government assistance fund or the next generation 9-1-1 fund	13213
unless the public safety answering point meets the standards set	13214
by rule of the ~~statewide emergency services internet protocol~~	13215
~~network~~ steering committee under section ~~5507.021~~128.021 of the	13216
Revised Code.	13217

(2) The ~~department of public safety~~steering committee shall	13218
monitor compliance with the standards ~~set by the steering~~	13219
~~committee. The department~~and shall notify the tax commissioner to	13220
suspend disbursements to a countywide 9-1-1 system that fails to	13221
meet the standards. Upon receipt of this notification, the	13222
commissioner shall suspend disbursements until the commissioner is	13223
notified of compliance with the standards.	13224

(F) The auditor of state may audit and review each county's	13225
expenditures of funds received from the wireless 9-1-1 government	13226
assistance fund to verify that the funds were used in accordance	13227
with the requirements of this chapter.	13228

~~Sec. 5507.571.~~ Sec. 128.571. (A) Payment of costs specified in	13229
divisions (A) to (D) of section ~~5507.57~~128.57 of the Revised Code	13230
from a disbursement under section ~~5507.55~~128.55 of the Revised	13231
Code shall be limited to those specified and payable costs	13232
incurred for a specified number of public safety answering points	13233
of the particular 9-1-1 system as follows:	13234

(1) For the period beginning on March 1, 2009, and ending on	13235
December 31, 2015, a countywide 9-1-1 system may use disbursements	13236
for not more than five public safety answering points per calendar	13237
year.	13238

(2) Except as provided in division (B) of this section:

13239

(a) For the period beginning on January 1, 2016, and ending	13240
on December 31, 2017, a countywide 9-1-1 system may use	13241
disbursements for not more than four public safety answering	13242
points per calendar year.	13243

(b) For the period beginning on January 1, 2018, and	13244
thereafter a countywide 9-1-1 system may use disbursements for not	13245
more than three public safety answering points per calendar year.	13246

(B) If within a county there is a municipal corporation with	13247
a population of over ~~175,000~~one hundred seventy-five thousand	13248
according to the most recent federal decennial census, that county	13249
may use disbursements for one public safety answering point in	13250
addition to the number of public safety answering points allowed	13251
under division (A)(2) of this section.	13252

(C) If a county exceeds the allowable number of public safety	13253
answering points under this section, disbursements to countywide	13254
9-1-1 systems made to the county from the wireless 9-1-1	13255
government assistance fund and the next generation 9-1-1 fund	13256
shall be reduced by fifty per cent until the county complies with	13257
the public safety answering point limitations established under	13258
this section.	13259

~~Sec. 5507.60.~~ Sec. 128.60. (A)(1) A telephone company, the state	13260
highway patrol as described in division (J) of section ~~5507.03~~	13261
128.03 of the Revised Code, and each subdivision or regional	13262
council of governments operating one or more public safety	13263
answering points for a countywide system providing wireless 9-1-1,	13264
shall provide the ~~director of public safety~~steering committee and	13265
the tax commissioner with such information as the ~~director~~	13266
steering committee and tax commissioner request for the purposes	13267
of carrying out their duties under this chapter, including, but	13268
not limited to, duties regarding the collection of the wireless	13269
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	13270
Code.	13271

(2) A wireless service provider shall provide an official,	13272
employee, agent, or representative of a subdivision or regional	13273
council of governments operating a public safety answering point,	13274
or of the state highway patrol as described in division (J) of	13275
section ~~5507.03~~128.03 of the Revised Code, with such technical,	13276
service, and location information as the official, employee,	13277
agent, or representative requests for the purpose of providing	13278
wireless 9-1-1.	13279

(3) A subdivision or regional council of governments	13280
operating one or more public safety answering points of a 9-1-1	13281
system, and a telephone company, shall provide to the ~~Ohio 9-1-1~~	13282
~~council~~steering committee such information as the ~~council~~	13283
steering committee requires for the purpose of carrying out its	13284
duties under ~~division (D) of section 5507.65~~Chapter 128. of the	13285
Revised Code.	13286

(B)(1) Any information provided under division (A) of this	13287
section that consists of trade secrets as defined in section	13288
1333.61 of the Revised Code or of information regarding the	13289
customers, revenues, expenses, or network information of a	13290
telephone company shall be confidential and does not constitute a	13291
public record for the purpose of section 149.43 of the Revised	13292
Code.	13293

(2) The ~~director~~steering committee, tax commissioner, and	13294
any official, employee, agent, or representative of the ~~director~~	13295
steering committee, of the tax commissioner, of the state highway	13296
patrol as described in division (J) of section ~~5507.03~~128.03 of	13297
the Revised Code, or of a subdivision or regional council of	13298
governments operating a public safety answering point, while	13299
acting or claiming to act in the capacity of the ~~director~~steering	13300
committee or tax commissioner or such official, employee, agent,	13301
or representative, shall not disclose any information provided	13302
under division (A) of this section regarding a telephone company's	13303
customers, revenues, expenses, or network information. Nothing in	13304
division (B)(2) of this section precludes any such information	13305
from being aggregated and included in any report ~~required under~~	13306
~~division (D) of section 5507.66 of the Revised Code~~of the	13307
steering committee, tax commissioner, or any official, employee,	13308
agent, or representative of the steering committee or tax	13309
commissioner, provided the aggregated information does not	13310
identify the number of any particular company's customers or the	13311
amount of its revenues or expenses or identify a particular	13312
company as to any network information.	13313

~~Sec. 5507.63.~~ Sec. 128.63. (A) The tax commissioner may adopt	13314
rules in accordance with Chapter 119. of the Revised Code to carry	13315
out this chapter, including rules prescribing the necessary	13316
accounting for the collection fee under division (B)(4) of section	13317
~~5507.46~~128.46 of the Revised Code.	13318

(B) The amounts of the wireless 9-1-1 charges shall be	13319
prescribed only by act of the general assembly.	13320

~~Sec. 5507.99.~~ Sec. 128.99. (A) Whoever violates division (E) of	13321
section ~~5507.32~~128.32 of the Revised Code is guilty of a	13322
misdemeanor of the fourth degree.	13323

(B) Whoever violates division (F) or (G) of section ~~5507.32~~	13324
128.32 or division (B)(2) of section ~~5507.60~~128.60 of the Revised	13325
Code is guilty of a misdemeanor of the fourth degree on a first	13326
offense and a felony of the fifth degree on each subsequent	13327
offense.	13328

Sec. 131.51. (A) On or before July 5, 2013, the tax	13329
commissioner shall compute the following amounts and certify those	13330
amounts to the director of budget and management:	13331

(1) A percentage calculated by multiplying one hundred by the	13332
quotient obtained by dividing the total amount credited to the	13333
local government fund in fiscal year 2013 by the total amount of	13334
tax revenue credited to the general revenue fund in fiscal year	13335
2013. The percentage shall be rounded to the nearest one-hundredth	13336
of one per cent.	13337

(2) A percentage calculated by multiplying one hundred by the	13338
quotient obtained by dividing the total amount credited to the	13339
public library fund in fiscal year 2013 by the total amount of tax	13340
revenue credited to the general revenue fund in fiscal year 2013.	13341
The percentage shall be rounded to the nearest one-hundredth of	13342
one per cent.	13343

(B) On or before the seventh day of each month, the director	13344
of budget and management shall credit to the local government fund	13345
an amount equal to the product obtained by multiplying the	13346
percentage calculated under division (A)(1) of this section by the	13347
total tax revenue credited to the general revenue fund during the	13348
preceding month. In determining the total tax revenue credited to	13349
the general revenue fund during the preceding month, the director	13350
shall include amounts transferred from the fund during the	13351
preceding month under this division and division (C) of this	13352
section. Money shall be distributed from the local government fund	13353
as required under section 5747.50 of the Revised Code during the	13354
same month in which it is credited to the fund.	13355

(C) On or before the seventh day of each month, the director	13356
of budget and management shall credit to the public library fund	13357
an amount equal to the product obtained by multiplying the	13358
percentage calculated under division (A)(2) of this section by the	13359
total tax revenue credited to the general revenue fund during the	13360
preceding month. In determining the total tax revenue credited to	13361
the general revenue fund during the preceding month, the director	13362
shall include amounts transferred from the fund during the	13363
preceding month under this division and division (B) of this	13364
section. Money shall be distributed from the public library fund	13365
as required under section 5747.47 of the Revised Code during the	13366
same month in which it is credited to the fund.	13367

(D) The director of budget and management shall develop a	13368
schedule identifying the specific tax revenue sources to be used	13369
to make the monthly transfers required under divisions (B) and (C)	13370
of this section. The director may, from time to time, revise the	13371
schedule as the director considers necessary.	13372

Sec. 133.01. As used in this chapter, in sections 9.95,	13373
9.96, and 2151.655 of the Revised Code, in other sections of the	13374
Revised Code that make reference to this chapter unless the	13375
context does not permit, and in related proceedings, unless	13376
otherwise expressly provided:	13377

(A) "Acquisition" as applied to real or personal property	13378
includes, among other forms of acquisition, acquisition by	13379
exercise of a purchase option, and acquisition of interests in	13380
property, including, without limitation, easements and	13381
rights-of-way, and leasehold and other lease interests initially	13382
extending or extendable for a period of at least sixty months.	13383

(B) "Anticipatory securities" means securities, including	13384
notes, issued in anticipation of the issuance of other securities.	13385

(C) "Board of elections" means the county board of elections	13386
of the county in which the subdivision is located. If the	13387
subdivision is located in more than one county, "board of	13388
elections" means the county board of elections of the county that	13389
contains the largest portion of the population of the subdivision	13390
or that otherwise has jurisdiction in practice over and	13391
customarily handles election matters relating to the subdivision.	13392

(D) "Bond retirement fund" means the bond retirement fund	13393
provided for in section 5705.09 of the Revised Code, and also	13394
means a sinking fund or any other special fund, regardless of the	13395
name applied to it, established by or pursuant to law or the	13396
proceedings for the payment of debt charges. Provision may be made	13397
in the applicable proceedings for the establishment in a bond	13398
retirement fund of separate accounts relating to debt charges on	13399
particular securities, or on securities payable from the same or	13400
common sources, and for the application of moneys in those	13401
accounts only to specified debt charges on specified securities or	13402
categories of securities. Subject to law and any provisions in the	13403
applicable proceedings, moneys in a bond retirement fund or	13404
separate account in a bond retirement fund may be transferred to	13405
other funds and accounts.	13406

(E) "Capitalized interest" means all or a portion of the	13407
interest payable on securities from their date to a date stated or	13408
provided for in the applicable legislation, which interest is to	13409
be paid from the proceeds of the securities.	13410

(F) "Chapter 133. securities" means securities authorized by	13411
or issued pursuant to or in accordance with this chapter.	13412

(G) "County auditor" means the county auditor of the county	13413
in which the subdivision is located. If the subdivision is located	13414
in more than one county, "county auditor" means the county auditor	13415
of the county that contains the highest amount of the tax	13416
valuation of the subdivision or that otherwise has jurisdiction in	13417
practice over and customarily handles property tax matters	13418
relating to the subdivision. In the case of a county that has	13419
adopted a charter, "county auditor" means the officer who	13420
generally has the duties and functions provided in the Revised	13421
Code for a county auditor.	13422

(H) "Credit enhancement facilities" means letters of credit,	13423
lines of credit, stand-by, contingent, or firm securities purchase	13424
agreements, insurance, or surety arrangements, guarantees, and	13425
other arrangements that provide for direct or contingent payment	13426
of debt charges, for security or additional security in the event	13427
of nonpayment or default in respect of securities, or for making	13428
payment of debt charges to and at the option and on demand of	13429
securities holders or at the option of the issuer or upon certain	13430
conditions occurring under put or similar arrangements, or for	13431
otherwise supporting the credit or liquidity of the securities,	13432
and includes credit, reimbursement, marketing, remarketing,	13433
indexing, carrying, interest rate hedge, and subrogation	13434
agreements, and other agreements and arrangements for payment and	13435
reimbursement of the person providing the credit enhancement	13436
facility and the security for that payment and reimbursement.	13437

(I) "Current operating expenses" or "current expenses" means	13438
the lawful expenditures of a subdivision, except those for	13439
permanent improvements and for payments of debt charges of the	13440
subdivision.	13441

(J) "Debt charges" means the principal, including any	13442
mandatory sinking fund deposits and mandatory redemption payments,	13443
interest, and any redemption premium, payable on securities as	13444
those payments come due and are payable. The use of "debt charges"	13445
for this purpose does not imply that any particular securities	13446
constitute debt within the meaning of the Ohio Constitution or	13447
other laws.	13448

(K) "Financing costs" means all costs and expenses relating	13449
to the authorization, including any required election, issuance,	13450
sale, delivery, authentication, deposit, custody, clearing,	13451
registration, transfer, exchange, fractionalization, replacement,	13452
payment, and servicing of securities, including, without	13453
limitation, costs and expenses for or relating to publication and	13454
printing, postage, delivery, preliminary and final official	13455
statements, offering circulars, and informational statements,	13456
travel and transportation, underwriters, placement agents,	13457
investment bankers, paying agents, registrars, authenticating	13458
agents, remarketing agents, custodians, clearing agencies or	13459
corporations, securities depositories, financial advisory	13460
services, certifications, audits, federal or state regulatory	13461
agencies, accounting and computation services, legal services and	13462
obtaining approving legal opinions and other legal opinions,	13463
credit ratings, redemption premiums, and credit enhancement	13464
facilities. Financing costs may be paid from any moneys available	13465
for the purpose, including, unless otherwise provided in the	13466
proceedings, from the proceeds of the securities to which they	13467
relate and, as to future financing costs, from the same sources	13468
from which debt charges on the securities are paid and as though	13469
debt charges.	13470

(L) "Fiscal officer" means the following, or, in the case of	13471
absence or vacancy in the office, a deputy or assistant authorized	13472
by law or charter to act in the place of the named officer, or if	13473
there is no such authorization then the deputy or assistant	13474
authorized by legislation to act in the place of the named officer	13475
for purposes of this chapter, in the case of the following	13476
subdivisions:	13477

(1) A county, the county auditor;

13478

(2) A municipal corporation, the city auditor or village	13479
clerk or clerk-treasurer, or the officer who, by virtue of a	13480
charter, has the duties and functions provided in the Revised Code	13481
for the city auditor or village clerk or clerk-treasurer;	13482

(3) A school district, the treasurer of the board of	13483
education;	13484

(4) A regional water and sewer district, the secretary of the	13485
board of trustees;	13486

(5) A joint township hospital district, the treasurer of the	13487
district;	13488

(6) A joint ambulance district, the clerk of the board of	13489
trustees;	13490

(7) A joint recreation district, the person designated	13491
pursuant to section 755.15 of the Revised Code;	13492

(8) A detention facility district or a district organized	13493
under section 2151.65 of the Revised Code or a combined district	13494
organized under sections 2152.41 and 2151.65 of the Revised Code,	13495
the county auditor of the county designated by law to act as the	13496
auditor of the district;	13497

(9) A township, a fire district organized under division (C)	13498
of section 505.37 of the Revised Code, or a township police	13499
district, the fiscal officer of the township;	13500

(10) A joint fire district, the clerk of the board of	13501
trustees of that district;	13502

(11) A regional or county library district, the person	13503
responsible for the financial affairs of that district;	13504

(12) A joint solid waste management district, the fiscal	13505
officer appointed by the board of directors of the district under	13506
section 343.01 of the Revised Code;	13507

(13) A joint emergency medical services district, the person	13508
appointed as fiscal officer pursuant to division (D) of section	13509
307.053 of the Revised Code;	13510

(14) A fire and ambulance district, the person appointed as	13511
fiscal officer under division (B) of section 505.375 of the	13512
Revised Code;	13513

(15) A subdivision described in division (MM)~~(18)~~(19) of this	13514
section, the officer who is designated by law as or performs the	13515
functions of its chief fiscal officer;	13516

(16) A joint police district, the treasurer of the district;

13517

(17) A lake facilities authority, the fiscal officer	13518
designated under section 353.02 of the Revised Code.	13519

(M) "Fiscal year" has the same meaning as in section 9.34 of	13520
the Revised Code.	13521

(N) "Fractionalized interests in public obligations" means	13522
participations, certificates of participation, shares, or other	13523
instruments or agreements, separate from the public obligations	13524
themselves, evidencing ownership of interests in public	13525
obligations or of rights to receive payments of, or on account of,	13526
principal or interest or their equivalents payable by or on behalf	13527
of an obligor pursuant to public obligations.	13528

(O) "Fully registered securities" means securities in	13529
certificated or uncertificated form, registered as to both	13530
principal and interest in the name of the owner.	13531

(P) "Fund" means to provide for the payment of debt charges	13532
and expenses related to that payment at or prior to retirement by	13533
purchase, call for redemption, payment at maturity, or otherwise.	13534

(Q) "General obligation" means securities to the payment of	13535
debt charges on which the full faith and credit and the general	13536
property taxing power, including taxes within the tax limitation	13537
if available to the subdivision, of the subdivision are pledged.	13538

(R) "Interest" or "interest equivalent" means those payments	13539
or portions of payments, however denominated, that constitute or	13540
represent consideration for forbearing the collection of money, or	13541
for deferring the receipt of payment of money to a future time.	13542

(S) "Internal Revenue Code" means the "Internal Revenue Code	13543
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	13544
includes any laws of the United States providing for application	13545
of that code.	13546

(T) "Issuer" means any public issuer and any nonprofit	13547
corporation authorized to issue securities for or on behalf of any	13548
public issuer.	13549

(U) "Legislation" means an ordinance or resolution passed by	13550
a majority affirmative vote of the then members of the taxing	13551
authority unless a different vote is required by charter	13552
provisions governing the passage of the particular legislation by	13553
the taxing authority.	13554

(V) "Mandatory sinking fund redemption requirements" means	13555
amounts required by proceedings to be deposited in a bond	13556
retirement fund for the purpose of paying in any year or fiscal	13557
year by mandatory redemption prior to stated maturity the	13558
principal of securities that is due and payable, except for	13559
mandatory prior redemption requirements as provided in those	13560
proceedings, in a subsequent year or fiscal year.	13561

(W) "Mandatory sinking fund requirements" means amounts	13562
required by proceedings to be deposited in a year or fiscal year	13563
in a bond retirement fund for the purpose of paying the principal	13564
of securities that is due and payable in a subsequent year or	13565
fiscal year.	13566

(X) "Net indebtedness" has the same meaning as in division	13567
(A) of section 133.04 of the Revised Code.	13568

(Y) "Obligor," in the case of securities or fractionalized	13569
interests in public obligations issued by another person the debt	13570
charges or their equivalents on which are payable from payments	13571
made by a public issuer, means that public issuer.	13572

(Z) "One purpose" relating to permanent improvements means	13573
any one permanent improvement or group or category of permanent	13574
improvements for the same utility, enterprise, system, or project,	13575
development or redevelopment project, or for or devoted to the	13576
same general purpose, function, or use or for which	13577
self-supporting securities, based on the same or different sources	13578
of revenues, may be issued or for which special assessments may be	13579
levied by a single ordinance or resolution. "One purpose"	13580
includes, but is not limited to, in any case any off-street	13581
parking facilities relating to another permanent improvement, and:	13582

(1) Any number of roads, highways, streets, bridges,	13583
sidewalks, and viaducts;	13584

(2) Any number of off-street parking facilities;

13585

(3) In the case of a county, any number of permanent	13586
improvements for courthouse, jail, county offices, and other	13587
county buildings, and related facilities;	13588

(4) In the case of a school district, any number of	13589
facilities and buildings for school district purposes, and related	13590
facilities.	13591

(AA) "Outstanding," referring to securities, means securities	13592
that have been issued, delivered, and paid for, except any of the	13593
following:	13594

(1) Securities canceled upon surrender, exchange, or	13595
transfer, or upon payment or redemption;	13596

(2) Securities in replacement of which or in exchange for	13597
which other securities have been issued;	13598

(3) Securities for the payment, or redemption or purchase for	13599
cancellation prior to maturity, of which sufficient moneys or	13600
investments, in accordance with the applicable legislation or	13601
other proceedings or any applicable law, by mandatory sinking fund	13602
redemption requirements, mandatory sinking fund requirements, or	13603
otherwise, have been deposited, and credited for the purpose in a	13604
bond retirement fund or with a trustee or paying or escrow agent,	13605
whether at or prior to their maturity or redemption, and, in the	13606
case of securities to be redeemed prior to their stated maturity,	13607
notice of redemption has been given or satisfactory arrangements	13608
have been made for giving notice of that redemption, or waiver of	13609
that notice by or on behalf of the affected security holders has	13610
been filed with the subdivision or its agent for the purpose.	13611

(BB) "Paying agent" means the one or more banks, trust	13612
companies, or other financial institutions or qualified persons,	13613
including an appropriate office or officer of the subdivision,	13614
designated as a paying agent or place of payment of debt charges	13615
on the particular securities.	13616

(CC) "Permanent improvement" or "improvement" means any	13617
property, asset, or improvement certified by the fiscal officer,	13618
which certification is conclusive, as having an estimated life or	13619
period of usefulness of five years or more, and includes, but is	13620
not limited to, real estate, buildings, and personal property and	13621
interests in real estate, buildings, and personal property,	13622
equipment, furnishings, and site improvements, and reconstruction,	13623
rehabilitation, renovation, installation, improvement,	13624
enlargement, and extension of property, assets, or improvements so	13625
certified as having an estimated life or period of usefulness of	13626
five years or more. The acquisition of all the stock ownership of	13627
a corporation is the acquisition of a permanent improvement to the	13628
extent that the value of that stock is represented by permanent	13629
improvements. A permanent improvement for parking, highway, road,	13630
and street purposes includes resurfacing, but does not include	13631
ordinary repair.	13632

(DD) "Person" has the same meaning as in section 1.59 of the	13633
Revised Code and also includes any federal, state, interstate,	13634
regional, or local governmental agency, any subdivision, and any	13635
combination of those persons.	13636

(EE) "Proceedings" means the legislation, certifications,	13637
notices, orders, sale proceedings, trust agreement or indenture,	13638
mortgage, lease, lease-purchase agreement, assignment, credit	13639
enhancement facility agreements, and other agreements,	13640
instruments, and documents, as amended and supplemented, and any	13641
election proceedings, authorizing, or providing for the terms and	13642
conditions applicable to, or providing for the security or sale or	13643
award of, public obligations, and includes the provisions set	13644
forth or incorporated in those public obligations and proceedings.	13645

(FF) "Public issuer" means any of the following that is	13646
authorized by law to issue securities or enter into public	13647
obligations:	13648

(1) The state, including an agency, commission, officer,	13649
institution, board, authority, or other instrumentality of the	13650
state;	13651

(2) A taxing authority, subdivision, district, or other local	13652
public or governmental entity, and any combination or consortium,	13653
or public division, district, commission, authority, department,	13654
board, officer, or institution, thereof;	13655

(3) Any other body corporate and politic, or other public	13656
entity.	13657

(GG) "Public obligations" means both of the following:

13658

(1) Securities;

13659

(2) Obligations of a public issuer to make payments under	13660
installment sale, lease, lease purchase, or similar agreements,	13661
which obligations may bear interest or interest equivalent.	13662

(HH) "Refund" means to fund and retire outstanding	13663
securities, including advance refunding with or without payment or	13664
redemption prior to maturity.	13665

(II) "Register" means the books kept and maintained by the	13666
registrar for registration, exchange, and transfer of registered	13667
securities.	13668

(JJ) "Registrar" means the person responsible for keeping the	13669
register for the particular registered securities, designated by	13670
or pursuant to the proceedings.	13671

(KK) "Securities" means bonds, notes, certificates of	13672
indebtedness, commercial paper, and other instruments in writing,	13673
including, unless the context does not admit, anticipatory	13674
securities, issued by an issuer to evidence its obligation to	13675
repay money borrowed, or to pay interest, by, or to pay at any	13676
future time other money obligations of, the issuer of the	13677
securities, but not including public obligations described in	13678
division (GG)(2) of this section.	13679

(LL) "Self-supporting securities" means securities or	13680
portions of securities issued for the purpose of paying costs of	13681
permanent improvements to the extent that receipts of the	13682
subdivision, other than the proceeds of taxes levied by that	13683
subdivision, derived from or with respect to the improvements or	13684
the operation of the improvements being financed, or the	13685
enterprise, system, project, or category of improvements of which	13686
the improvements being financed are part, are estimated by the	13687
fiscal officer to be sufficient to pay the current expenses of	13688
that operation or of those improvements or enterprise, system,	13689
project, or categories of improvements and the debt charges	13690
payable from those receipts on securities issued for the purpose.	13691
Until such time as the improvements or increases in rates and	13692
charges have been in operation or effect for a period of at least	13693
six months, the receipts therefrom, for purposes of this	13694
definition, shall be those estimated by the fiscal officer, except	13695
that those receipts may include, without limitation, payments made	13696
and to be made to the subdivision under leases or agreements in	13697
effect at the time the estimate is made. In the case of an	13698
operation, improvements, or enterprise, system, project, or	13699
category of improvements without at least a six-month history of	13700
receipts, the estimate of receipts by the fiscal officer, other	13701
than those to be derived under leases and agreements then in	13702
effect, shall be confirmed by the taxing authority.	13703

(MM) "Subdivision" means any of the following:

13704

(1) A county, including a county that has adopted a charter	13705
under Article X, Ohio Constitution;	13706

(2) A municipal corporation, including a municipal	13707
corporation that has adopted a charter under Article XVIII, Ohio	13708
Constitution;	13709

(3) A school district;

13710

(4) A regional water and sewer district organized under	13711
Chapter 6119. of the Revised Code;	13712

(5) A joint township hospital district organized under	13713
section 513.07 of the Revised Code;	13714

(6) A joint ambulance district organized under section 505.71	13715
of the Revised Code;	13716

(7) A joint recreation district organized under division (C)	13717
of section 755.14 of the Revised Code;	13718

(8) A detention facility district organized under section	13719
2152.41, a district organized under section 2151.65, or a combined	13720
district organized under sections 2152.41 and 2151.65 of the	13721
Revised Code;	13722

(9) A township police district organized under section 505.48	13723
of the Revised Code;	13724

(10) A township;

13725

(11) A joint fire district organized under section 505.371 of	13726
the Revised Code;	13727

(12) A county library district created under section 3375.19	13728
or a regional library district created under section 3375.28 of	13729
the Revised Code;	13730

(13) A joint solid waste management district organized under	13731
section 343.01 or 343.012 of the Revised Code;	13732

(14) A joint emergency medical services district organized	13733
under section 307.052 of the Revised Code;	13734

(15) A fire and ambulance district organized under section	13735
505.375 of the Revised Code;	13736

(16) A fire district organized under division (C) of section	13737
505.37 of the Revised Code;	13738

(17) A joint police district organized under section 505.482	13739
of the Revised Code;	13740

(18) A lake facilities authority created under Chapter 353.	13741
of the Revised Code;	13742

(19) Any other political subdivision or taxing district or	13743
other local public body or agency authorized by this chapter or	13744
other laws to issue Chapter 133. securities.	13745

(NN) "Taxing authority" means in the case of the following	13746
subdivisions:	13747

(1) A county, a county library district, or a regional	13748
library district, the board or boards of county commissioners, or	13749
other legislative authority of a county that has adopted a charter	13750
under Article X, Ohio Constitution, but with respect to such a	13751
library district acting solely as agent for the board of trustees	13752
of that district;	13753

(2) A municipal corporation, the legislative authority;

13754

(3) A school district, the board of education;

13755

(4) A regional water and sewer district, a joint ambulance	13756
district, a joint recreation district, a fire and ambulance	13757
district, or a joint fire district, the board of trustees of the	13758
district;	13759

(5) A joint township hospital district, the joint township	13760
hospital board;	13761

(6) A detention facility district or a district organized	13762
under section 2151.65 of the Revised Code, a combined district	13763
organized under sections 2152.41 and 2151.65 of the Revised Code,	13764
or a joint emergency medical services district, the joint board of	13765
county commissioners;	13766

(7) A township, a fire district organized under division (C)	13767
of section 505.37 of the Revised Code, or a township police	13768
district, the board of township trustees;	13769

(8) A joint solid waste management district organized under	13770
section 343.01 or 343.012 of the Revised Code, the board of	13771
directors of the district;	13772

(9) A subdivision described in division (MM)~~(18)~~(19) of this	13773
section, the legislative or governing body or official;	13774

(10) A joint police district, the joint police district	13775
board;	13776

(11) A lake facilities authority, the board of directors.

13777

(OO) "Tax limitation" means the "ten-mill limitation" as	13778
defined in section 5705.02 of the Revised Code without diminution	13779
by reason of section 5705.313 of the Revised Code or otherwise,	13780
or, in the case of a municipal corporation or county with a	13781
different charter limitation on property taxes levied to pay debt	13782
charges on unvoted securities, that charter limitation. Those	13783
limitations shall be respectively referred to as the "ten-mill	13784
limitation" and the "charter tax limitation."	13785

(PP) "Tax valuation" means the aggregate of the valuations of	13786
property subject to ad valorem property taxation by the	13787
subdivision on the real property, personal property, and public	13788
utility property tax lists and duplicates most recently certified	13789
for collection, and shall be calculated without deductions of the	13790
valuations of otherwise taxable property exempt in whole or in	13791
part from taxation by reason of exemptions of certain amounts of	13792
taxable value under division (C) of section 5709.01, tax	13793
reductions under section 323.152 of the Revised Code, or similar	13794
laws now or in the future in effect.	13795

For purposes of section 133.06 of the Revised Code, "tax	13796
valuation" shall not include the valuation of tangible personal	13797
property used in business, telephone or telegraph property,	13798
interexchange telecommunications company property, or personal	13799
property owned or leased by a railroad company and used in	13800
railroad operations listed under or described in section 5711.22,	13801
division (B) or (F) of section 5727.111, or section 5727.12 of the	13802
Revised Code.	13803

(QQ) "Year" means the calendar year.

13804

(RR) "Administrative agent," "agent," "commercial paper,"	13805
"floating rate interest structure," "indexing agent," "interest	13806
rate hedge," "interest rate period," "put arrangement," and	13807
"remarketing agent" have the same meanings as in section 9.98 of	13808
the Revised Code.	13809

(SS) "Sales tax supported" means obligations to the payment	13810
of debt charges on which an additional sales tax or additional	13811
sales taxes have been pledged by the taxing authority of a county	13812
pursuant to section 133.081 of the Revised Code.	13813

Sec. 133.06. (A) A school district shall not incur, without	13814
a vote of the electors, net indebtedness that exceeds an amount	13815
equal to one-tenth of one per cent of its tax valuation, except as	13816
provided in divisions (G) and (H) of this section and in division	13817
(C) of section 3313.372 of the Revised Code, or as prescribed in	13818
section 3318.052 or 3318.44 of the Revised Code, or as provided in	13819
division (J) of this section.	13820

(B) Except as provided in divisions (E), (F), and (I) of this	13821
section, a school district shall not incur net indebtedness that	13822
exceeds an amount equal to nine per cent of its tax valuation.	13823

(C) A school district shall not submit to a vote of the	13824
electors the question of the issuance of securities in an amount	13825
that will make the district's net indebtedness after the issuance	13826
of the securities exceed an amount equal to four per cent of its	13827
tax valuation, unless the superintendent of public instruction,	13828
acting under policies adopted by the state board of education, and	13829
the tax commissioner, acting under written policies of the	13830
commissioner, consent to the submission. A request for the	13831
consents shall be made at least one hundred twenty days prior to	13832
the election at which the question is to be submitted.	13833

The superintendent of public instruction shall certify to the	13834
district the superintendent's and the tax commissioner's decisions	13835
within thirty days after receipt of the request for consents.	13836

If the electors do not approve the issuance of securities at	13837
the election for which the superintendent of public instruction	13838
and tax commissioner consented to the submission of the question,	13839
the school district may submit the same question to the electors	13840
on the date that the next special election may be held under	13841
section 3501.01 of the Revised Code without submitting a new	13842
request for consent. If the school district seeks to submit the	13843
same question at any other subsequent election, the district shall	13844
first submit a new request for consent in accordance with this	13845
division.	13846

(D) In calculating the net indebtedness of a school district,	13847
none of the following shall be considered:	13848

(1) Securities issued to acquire school buses and other	13849
equipment used in transporting pupils or issued pursuant to	13850
division (D) of section 133.10 of the Revised Code;	13851

(2) Securities issued under division (F) of this section,	13852
under section 133.301 of the Revised Code, and, to the extent in	13853
excess of the limitation stated in division (B) of this section,	13854
under division (E) of this section;	13855

(3) Indebtedness resulting from the dissolution of a joint	13856
vocational school district under section 3311.217 of the Revised	13857
Code, evidenced by outstanding securities of that joint vocational	13858
school district;	13859

(4) Loans, evidenced by any securities, received under	13860
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	13861
Revised Code;	13862

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

13863

(6) Debt incurred pursuant to division (B)(5) of section	13864
3313.37 of the Revised Code to acquire computers and related	13865
hardware;	13866

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

13867

(E) A school district may become a special needs district as	13868
to certain securities as provided in division (E) of this section.	13869

(1) A board of education, by resolution, may declare its	13870
school district to be a special needs district by determining both	13871
of the following:	13872

(a) The student population is not being adequately serviced	13873
by the existing permanent improvements of the district.	13874

(b) The district cannot obtain sufficient funds by the	13875
issuance of securities within the limitation of division (B) of	13876
this section to provide additional or improved needed permanent	13877
improvements in time to meet the needs.	13878

(2) The board of education shall certify a copy of that	13879
resolution to the superintendent of public instruction with a	13880
statistical report showing all of the following:	13881

(a) The history of and a projection of the growth of the tax	13882
valuation;	13883

(b) The projected needs;

13884

(c) The estimated cost of permanent improvements proposed to	13885
meet such projected needs.	13886

(3) The superintendent of public instruction shall certify	13887
the district as an approved special needs district if the	13888
superintendent finds both of the following:	13889

(a) The district does not have available sufficient	13890
additional funds from state or federal sources to meet the	13891
projected needs.	13892

(b) The projection of the potential average growth of tax	13893
valuation during the next five years, according to the information	13894
certified to the superintendent and any other information the	13895
superintendent obtains, indicates a likelihood of potential	13896
average growth of tax valuation of the district during the next	13897
five years of an average of not less than one and one-half per	13898
cent per year. The findings and certification of the	13899
superintendent shall be conclusive.	13900

(4) An approved special needs district may incur net	13901
indebtedness by the issuance of securities in accordance with the	13902
provisions of this chapter in an amount that does not exceed an	13903
amount equal to the greater of the following:	13904

(a) Twelve per cent of the sum of its tax valuation plus an	13905
amount that is the product of multiplying that tax valuation by	13906
the percentage by which the tax valuation has increased over the	13907
tax valuation on the first day of the sixtieth month preceding the	13908
month in which its board determines to submit to the electors the	13909
question of issuing the proposed securities;	13910

(b) Twelve per cent of the sum of its tax valuation plus an	13911
amount that is the product of multiplying that tax valuation by	13912
the percentage, determined by the superintendent of public	13913
instruction, by which that tax valuation is projected to increase	13914
during the next ten years.	13915

(F) A school district may issue securities for emergency	13916
purposes, in a principal amount that does not exceed an amount	13917
equal to three per cent of its tax valuation, as provided in this	13918
division.	13919

(1) A board of education, by resolution, may declare an	13920
emergency if it determines both of the following:	13921

(a) School buildings or other necessary school facilities in	13922
the district have been wholly or partially destroyed, or condemned	13923
by a constituted public authority, or that such buildings or	13924
facilities are partially constructed, or so constructed or planned	13925
as to require additions and improvements to them before the	13926
buildings or facilities are usable for their intended purpose, or	13927
that corrections to permanent improvements are necessary to remove	13928
or prevent health or safety hazards.	13929

(b) Existing fiscal and net indebtedness limitations make	13930
adequate replacement, additions, or improvements impossible.	13931

(2) Upon the declaration of an emergency, the board of	13932
education may, by resolution, submit to the electors of the	13933
district pursuant to section 133.18 of the Revised Code the	13934
question of issuing securities for the purpose of paying the cost,	13935
in excess of any insurance or condemnation proceeds received by	13936
the district, of permanent improvements to respond to the	13937
emergency need.	13938

(3) The procedures for the election shall be as provided in	13939
section 133.18 of the Revised Code, except that:	13940

(a) The form of the ballot shall describe the emergency	13941
existing, refer to this division as the authority under which the	13942
emergency is declared, and state that the amount of the proposed	13943
securities exceeds the limitations prescribed by division (B) of	13944
this section;	13945

(b) The resolution required by division (B) of section 133.18	13946
of the Revised Code shall be certified to the county auditor and	13947
the board of elections at least one hundred days prior to the	13948
election;	13949

(c) The county auditor shall advise and, not later than	13950
ninety-five days before the election, confirm that advice by	13951
certification to, the board of education of the information	13952
required by division (C) of section 133.18 of the Revised Code;	13953

(d) The board of education shall then certify its resolution	13954
and the information required by division (D) of section 133.18 of	13955
the Revised Code to the board of elections not less than ninety	13956
days prior to the election.	13957

(4) Notwithstanding division (B) of section 133.21 of the	13958
Revised Code, the first principal payment of securities issued	13959
under this division may be set at any date not later than sixty	13960
months after the earliest possible principal payment otherwise	13961
provided for in that division.	13962

(G)(1) The board of education may contract with an architect,	13963
professional engineer, or other person experienced in the design	13964
and implementation of energy conservation measures for an analysis	13965
and recommendations pertaining to installations, modifications of	13966
installations, or remodeling that would significantly reduce	13967
energy consumption in buildings owned by the district. The report	13968
shall include estimates of all costs of such installations,	13969
modifications, or remodeling, including costs of design,	13970
engineering, installation, maintenance, repairs, and debt service,	13971
forgone residual value of materials or equipment replaced by the	13972
energy conservation measure, as defined by the Ohio school	13973
facilities commission, a baseline analysis of actual energy	13974
consumption data for the preceding three years with the utility	13975
baseline based on only the actual energy consumption data for the	13976
preceding twelve months, and estimates of the amounts by which	13977
energy consumption and resultant operational and maintenance	13978
costs, as defined by the commission, would be reduced.	13979

If the board finds after receiving the report that the amount	13980
of money the district would spend on such installations,	13981
modifications, or remodeling is not likely to exceed the amount of	13982
money it would save in energy and resultant operational and	13983
maintenance costs over the ensuing fifteen years, the board may	13984
submit to the commission a copy of its findings and a request for	13985
approval to incur indebtedness to finance the making or	13986
modification of installations or the remodeling of buildings for	13987
the purpose of significantly reducing energy consumption.	13988

~~If the commission determines that the board's findings are~~	13989
~~reasonable, it~~The school facilities commission, in consultation	13990
with the auditor of state, may deny a request under this division	13991
by the board of education any school district is in a state of	13992
fiscal watch pursuant to division (A) of section 3316.03 of the	13993
Revised Code, if it determines that the expenditure of funds is	13994
not in the best interest of the school district.	13995

No district board of education of a school district that is	13996
in a state of fiscal emergency pursuant to division (B) of section	13997
3316.03 of the Revised Code shall submit a request without	13998
submitting evidence that the installations, modifications, or	13999
remodeling have been approved by the district's financial planning	14000
and supervision commission established under section 3316.05 of	14001
the Revised Code.	14002

No board of education of a school district that, for three or	14003
more consecutive years, has been declared to be in a state of	14004
academic emergency under section 3302.03 of the Revised Code, as	14005
that section existed prior to March 22, 2013, and has failed to	14006
meet adequate yearly progress, or has met any condition set forth	14007
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	14008
Code shall submit a request without first receiving approval to	14009
incur indebtedness from the district's academic distress	14010
commission established under that section, for so long as such	14011
commission continues to be required for the district.	14012

(2) The school facilities commission shall approve the	14013
board's request~~. Upon~~provided that the following conditions are	14014
satisfied:	14015

(a) The commission determines that the board's findings are	14016
reasonable.	14017

(b) The request for approval is complete.

14018

(c) The installations, modifications, or remodeling are	14019
consistent with any project to construct or acquire classroom	14020
facilities, or to reconstruct or make additions to existing	14021
classroom facilities under sections 3318.01 to 3318.20 or sections	14022
3318.40 to 3318.45 of the Revised Code.	14023

Upon receipt of the commission's approval, the district may	14024
issue securities without a vote of the electors in a principal	14025
amount not to exceed nine-tenths of one per cent of its tax	14026
valuation for the purpose of making such installations,	14027
modifications, or remodeling, but the total net indebtedness of	14028
the district without a vote of the electors incurred under this	14029
and all other sections of the Revised Code, except section	14030
3318.052 of the Revised Code, shall not exceed one per cent of the	14031
district's tax valuation.	14032

(3) So long as any securities issued under ~~division (G) of~~	14033
this ~~section~~division remain outstanding, the board of education	14034
shall monitor the energy consumption and resultant operational and	14035
maintenance costs of buildings in which installations or	14036
modifications have been made or remodeling has been done pursuant	14037
to ~~division (G) of~~ this ~~section~~division and shall maintain and	14038
annually update a report documenting the reductions in energy	14039
consumption and resultant operational and maintenance cost savings	14040
attributable to such installations, modifications, or remodeling.	14041
The report shall be certified by an architect or engineer	14042
independent of any person that provided goods or services to the	14043
board in connection with the energy conservation measures that are	14044
the subject of the report. The resultant operational and	14045
maintenance cost savings shall be certified by the school district	14046
treasurer. The report shall be submitted annually to the	14047
commission.	14048

(H) With the consent of the superintendent of public	14049
instruction, a school district may incur without a vote of the	14050
electors net indebtedness that exceeds the amounts stated in	14051
divisions (A) and (G) of this section for the purpose of paying	14052
costs of permanent improvements, if and to the extent that both of	14053
the following conditions are satisfied:	14054

(1) The fiscal officer of the school district estimates that	14055
receipts of the school district from payments made under or	14056
pursuant to agreements entered into pursuant to section 725.02,	14057
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	14058
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	14059
Code, or distributions under division (C) of section 5709.43 of	14060
the Revised Code, or any combination thereof, are, after	14061
accounting for any appropriate coverage requirements, sufficient	14062
in time and amount, and are committed by the proceedings, to pay	14063
the debt charges on the securities issued to evidence that	14064
indebtedness and payable from those receipts, and the taxing	14065
authority of the district confirms the fiscal officer's estimate,	14066
which confirmation is approved by the superintendent of public	14067
instruction;	14068

(2) The fiscal officer of the school district certifies, and	14069
the taxing authority of the district confirms, that the district,	14070
at the time of the certification and confirmation, reasonably	14071
expects to have sufficient revenue available for the purpose of	14072
operating such permanent improvements for their intended purpose	14073
upon acquisition or completion thereof, and the superintendent of	14074
public instruction approves the taxing authority's confirmation.	14075

The maximum maturity of securities issued under division (H)	14076
of this section shall be the lesser of twenty years or the maximum	14077
maturity calculated under section 133.20 of the Revised Code.	14078

(I) A school district may incur net indebtedness by the	14079
issuance of securities in accordance with the provisions of this	14080
chapter in excess of the limit specified in division (B) or (C) of	14081
this section when necessary to raise the school district portion	14082
of the basic project cost and any additional funds necessary to	14083
participate in a project under Chapter 3318. of the Revised Code,	14084
including the cost of items designated by the Ohio school	14085
facilities commission as required locally funded initiatives, the	14086
cost of other locally funded initiatives in an amount that does	14087
not exceed fifty per cent of the district's portion of the basic	14088
project cost, and the cost for site acquisition. The school	14089
facilities commission shall notify the superintendent of public	14090
instruction whenever a school district will exceed either limit	14091
pursuant to this division.	14092

(J) A school district whose portion of the basic project cost	14093
of its classroom facilities project under sections 3318.01 to	14094
3318.20 of the Revised Code is greater than or equal to one	14095
hundred million dollars may incur without a vote of the electors	14096
net indebtedness in an amount up to two per cent of its tax	14097
valuation through the issuance of general obligation securities in	14098
order to generate all or part of the amount of its portion of the	14099
basic project cost if the controlling board has approved the	14100
school facilities commission's conditional approval of the project	14101
under section 3318.04 of the Revised Code. The school district	14102
board and the Ohio school facilities commission shall include the	14103
dedication of the proceeds of such securities in the agreement	14104
entered into under section 3318.08 of the Revised Code. No state	14105
moneys shall be released for a project to which this section	14106
applies until the proceeds of any bonds issued under this section	14107
that are dedicated for the payment of the school district portion	14108
of the project are first deposited into the school district's	14109
project construction fund.	14110

Sec. 135.143. (A) The treasurer of state may invest or	14111
execute transactions for any part or all of the interim funds of	14112
the state in the following classifications of obligations:	14113

(1) United States treasury bills, notes, bonds, or any other	14114
obligations or securities issued by the United States treasury or	14115
any other obligation guaranteed as to principal and interest by	14116
the United States;	14117

(2) Bonds, notes, debentures, or any other obligations or	14118
securities issued by any federal government agency or	14119
instrumentality;	14120

(3)(a) Bonds ~~and other direct~~, notes, and other obligations	14121
of the state of Ohio issued by the treasurer of state ~~and of~~, the	14122
Ohio public facilities commission, the Ohio building authority,	14123
~~and~~ the Ohio housing finance agency, the Ohio water development	14124
authority, and the Ohio turnpike and infrastructure commission;	14125

(b) Bonds, notes, and other obligations of any state or	14126
political subdivision thereof rated at the time of purchase in the	14127
three highest categories by two nationally recognized rating	14128
agencies and purchased through a recognized securities dealer.	14129

(4)(a) Written repurchase agreements with any eligible Ohio	14130
financial institution that is a member of the federal reserve	14131
system or federal home loan bank or any recognized United States	14132
government securities dealer that is recognized as a primary	14133
dealer by the federal reserve bank of New York, under the terms of	14134
which agreement the treasurer of state purchases and the eligible	14135
financial institution or dealer agrees unconditionally to	14136
repurchase any of the securities that are listed in division	14137
(A)(1), (2), or (6) of this section and that will mature or are	14138
redeemable within ten years from the date of purchase. The market	14139
value of securities subject to these transactions must exceed the	14140
principal value of the repurchase agreement by an amount specified	14141
by the treasurer of state, and the securities must be delivered	14142
into the custody of the treasurer of state or the qualified	14143
trustee or agent designated by the treasurer of state. The	14144
agreement shall contain the requirement that for each transaction	14145
pursuant to the agreement, the participating institution or dealer	14146
shall provide all of the following information:	14147

(i) The par value of the securities;

14148

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

14149

(iii) A numerical identifier generally accepted in the	14150
securities industry that designates the securities.	14151

(b) The treasurer of state also may sell any securities,	14152
listed in division (A)(1), (2), or (6) of this section, regardless	14153
of maturity or time of redemption of the securities, under the	14154
same terms and conditions for repurchase, provided that the	14155
securities have been fully paid for and are owned by the treasurer	14156
of state at the time of the sale.	14157

(5) Securities lending agreements with any eligible financial	14158
institution that is a member of the federal reserve system or	14159
federal home loan bank or any recognized United States government	14160
securities dealer, under the terms of which agreements the	14161
treasurer of state lends securities and the eligible financial	14162
institution or dealer agrees to simultaneously exchange similar	14163
securities or cash, equal value for equal value.	14164

Securities and cash received as collateral for a securities	14165
lending agreement are not interim funds of the state. The	14166
investment of cash collateral received pursuant to a securities	14167
lending agreement may be invested only in such instruments	14168
specified by the treasurer of state in accordance with a written	14169
investment policy.	14170

(6) Various forms of commercial paper issued by any	14171
~~corporation~~entity that is ~~incorporated~~organized under the laws	14172
of the United States or a state, which notes are rated at the time	14173
of purchase in the two highest categories by two nationally	14174
recognized rating agencies, provided that the total amount	14175
invested under this section in any commercial paper at any time	14176
shall not exceed ~~twenty-five~~forty per cent of the state's total	14177
average portfolio, as determined and calculated by the treasurer	14178
of state;	14179

(7) Bankers acceptances, maturing in two hundred seventy days	14180
or less, ~~which are eligible for purchase by the federal reserve~~	14181
~~system,~~ provided that the total amount invested in bankers	14182
acceptances at any time shall not exceed ten per cent of the	14183
state's total average portfolio, as determined and calculated by	14184
the treasurer of state;	14185

(8) Certificates of deposit in eligible institutions applying	14186
for interim moneys as provided in section 135.08 of the Revised	14187
Code, including linked deposits as provided in sections 135.61 to	14188
135.67 of the Revised Code, agricultural linked deposits as	14189
provided in sections 135.71 to 135.76 of the Revised Code, and	14190
housing linked deposits as provided in sections 135.81 to 135.87	14191
of the Revised Code;	14192

(9) The state treasurer's investment pool authorized under	14193
section 135.45 of the Revised Code;	14194

(10) Debt interests, other than commercial paper described in	14195
division (A)(6) of this section, rated at the time of purchase in	14196
the three highest categories by two nationally recognized rating	14197
agencies and issued by ~~corporations~~entities that are ~~incorporated~~	14198
organized under the laws of the United States or a state, or	14199
issued by foreign nations diplomatically recognized by the United	14200
States government, or any instrument based on, derived from, or	14201
related to such interests, provided that:	14202

(a) The investments in debt interests, other than commercial	14203
paper, shall not exceed in the aggregate twenty-five per cent of	14204
the state's portfolio;	14205

(b) The investments in debt interests issued by foreign	14206
nations shall not exceed in the aggregate one per cent of the	14207
state's portfolio;	14208

(c) ~~The~~When added to the investment in commercial paper, the	14209
investments in the debt interests of a single issuer shall not	14210
exceed in the aggregate ~~one-half of one~~five per cent of the	14211
state's portfolio~~, except that debt interests of a single issuer~~	14212
~~that is a foreign nation shall not exceed in the aggregate one per~~	14213
~~cent of the state's portfolio~~.	14214

The treasurer of state shall invest under division (A)(10) of	14215
this section in a debt interest issued by a foreign nation only if	14216
the debt interest is backed by the full faith and credit of that	14217
foreign nation, and provided that all interest and principal shall	14218
be denominated and payable in United States funds.	14219

For purposes of division (A)(10) of this section, a debt	14220
interest is rated in the three highest categories by two	14221
nationally recognized rating agencies if either the debt interest	14222
itself or the issuer of the debt interest is rated, or is	14223
implicitly rated, at the time of purchase in the three highest	14224
categories by two nationally recognized rating agencies.	14225

For purposes of division (A)(10) of this section, the	14226
"state's portfolio" means the state's total average portfolio, as	14227
determined and calculated by the treasurer of state.	14228

(11) No-load money market mutual funds ~~consisting exclusively~~	14229
~~of obligations described in division (A)(1), (2), or (6) of this~~	14230
~~section and repurchase agreements secured by such obligations~~	14231
rated at the time of purchase in the highest category by at least	14232
one nationally recognized rating agency.	14233

(12) Obligations of a political subdivision issued under	14234
Chapter 133. of the Revised Code and identified in an agreement	14235
described in division (G) of this section.	14236

(B) Whenever, during a period of designation, the treasurer	14237
of state classifies public moneys as interim moneys, the treasurer	14238
of state shall notify the state board of deposit of such action.	14239
The notification shall be given within thirty days after such	14240
classification and, in the event the state board of deposit does	14241
not concur in such classification or in the investments or	14242
deposits made under this section, the board may order the	14243
treasurer of state to sell or liquidate any of the investments or	14244
deposits, and any such order shall specifically describe the	14245
investments or deposits and fix the date upon which they are to be	14246
sold or liquidated. Investments or deposits so ordered to be sold	14247
or liquidated shall be sold or liquidated for cash by the	14248
treasurer of state on the date fixed in such order at the then	14249
current market price. Neither the treasurer of state nor the	14250
members of the state board of deposit shall be held accountable	14251
for any loss occasioned by sales or liquidations of investments or	14252
deposits at prices lower than their cost. Any loss or expense	14253
incurred in making these sales or liquidations is payable as other	14254
expenses of the treasurer's office.	14255

(C) If any securities or obligations invested in by the	14256
treasurer of state pursuant to this section are registrable either	14257
as to principal or interest, or both, such securities or	14258
obligations shall be registered in the name of the treasurer of	14259
state.	14260

(D) The treasurer of state is responsible for the safekeeping	14261
of all securities or obligations under this section. Any such	14262
securities or obligations may be deposited for safekeeping as	14263
provided in section 113.05 of the Revised Code.	14264

(E) Interest earned on any investments or deposits authorized	14265
by this section shall be collected by the treasurer of state and	14266
credited by the treasurer of state to the proper fund of the	14267
state.	14268

(F) Whenever investments or deposits acquired under this	14269
section mature and become due and payable, the treasurer of state	14270
shall present them for payment according to their tenor, and shall	14271
collect the moneys payable thereon. The moneys so collected shall	14272
be treated as public moneys subject to sections 135.01 to 135.21	14273
of the Revised Code.	14274

(G) The treasurer of state and any political subdivision	14275
issuing obligations referred to in division (A)(12) of this	14276
section, which obligations mature within one year from the	14277
original date of issuance, may enter into an agreement providing	14278
for:	14279

(1) The purchase of those obligations by the treasurer of	14280
state on terms and subject to conditions set forth in the	14281
agreement;	14282

(2) The payment by the political subdivision to the treasurer	14283
of state of a reasonable fee as consideration for the agreement of	14284
the treasurer of state to purchase those obligations; provided,	14285
however, that the treasurer of state shall not be authorized to	14286
enter into any such agreement with a board of education of a	14287
school district that has an outstanding obligation with respect to	14288
a loan received under authority of section 3313.483 of the Revised	14289
Code.	14290

(H) For purposes of division (G) of this section, a fee shall	14291
not be considered reasonable unless it is set to recover only the	14292
direct costs, a reasonable estimate of the indirect costs	14293
associated with the purchasing of obligations of a political	14294
subdivision under division (G) of this section and any reselling	14295
of the obligations or any interest in the obligations, including	14296
interests in a fund comprised of the obligations, and the	14297
administration thereof. No money from the general revenue fund	14298
shall be used to subsidize the purchase or resale of these	14299
obligations.	14300

(I) All money collected by the treasurer of state from the	14301
fee imposed by division (G) of this section shall be deposited to	14302
the credit of the state political subdivision obligations fund,	14303
which is hereby created in the state treasury. Money credited to	14304
the fund shall be used solely to pay the treasurer of state's	14305
direct and indirect costs associated with purchasing and reselling	14306
obligations of a political subdivision under division (G) of this	14307
section.	14308

(J) As used in this section, "political subdivision" means a	14309
county, township, municipal corporation, or ~~board of education of~~	14310
a school district.	14311

Sec. 135.22. (A) For purposes of this section:

14312

(1) "Treasurer" has the same meaning as in section 135.01 of	14313
the Revised Code, but does not include a county treasurer or the	14314
treasurer of state. "Treasurer" includes any person whose duties	14315
include making investment decisions with respect to the investment	14316
or deposit of interim moneys.	14317

(2) "Subdivision" has the same meaning as in section 135.01	14318
of the Revised Code.	14319

(B) To enhance the background and working knowledge of	14320
treasurers in investments, cash management, ~~and~~the collection of	14321
taxes, ethics, and in any other subject area that the treasurer of	14322
state determines is reasonably related to the duties of a	14323
treasurer, the treasurer of state shall provide annual continuing	14324
education programs for treasurers. A treasurer annually shall	14325
complete the continuing education programs described in this	14326
section, unless the treasurer annually provides a notice of	14327
exemption described in division (E) of this section.	14328

(C) The treasurer of state shall determine the manner,	14329
content, and length of the continuing education programs after	14330
consultation with appropriate statewide organizations of local	14331
government officials.	14332

(D) Upon successful completion of a continuing education	14333
program required by this section, the treasurer of state shall	14334
issue a certificate indicating that the treasurer has successfully	14335
completed the continuing education program prescribed by the	14336
treasurer of state. The treasurer of state shall forward to the	14337
auditor of state any certificates issued pursuant to this division	14338
by the treasurer of state. The auditor of state shall maintain in	14339
the auditor's records any certificates forwarded by the treasurer	14340
of state pursuant to this division. As part of the auditor of	14341
state's audit of the subdivision conducted in accordance with	14342
section 117.11 of the Revised Code, the auditor of state shall	14343
report whether the treasurer is in compliance with this section of	14344
the Revised Code.	14345

(E) Division (B) of this section does not apply to any	14346
treasurer who annually provides a notice of exemption to the	14347
auditor of state. The notice shall be certified by the treasurer	14348
of state and shall provide that the treasurer is not subject to	14349
the continuing education requirements set forth in division (B) of	14350
this section, because the treasurer invests or deposits public	14351
moneys in the following investments only:	14352

(1) Interim deposits pursuant to division (B)(3) of section	14353
135.14 or section 135.145 of the Revised Code;	14354

(2) No-load money market mutual funds pursuant to division	14355
(B)(5) of section 135.14 of the Revised Code;	14356

(3) The Ohio subdivision's fund pursuant to division (B)(6)	14357
of section 135.14 of the Revised Code.	14358

(F) In carrying out the duties required by this section, the	14359
treasurer of state may charge the subdivision served by the	14360
treasurer a registration fee that will meet actual and necessary	14361
expenses in connection with the training of the treasurer,	14362
including instruction fees, site acquisition costs, and the cost	14363
of course materials. Any necessary personal expenses of a	14364
treasurer incurred as a result of attending the continuing	14365
education courses shall be borne by the subdivision represented by	14366
the treasurer.	14367

(G) The treasurer of state may allow any other interested	14368
person to attend any of the continuing education programs that are	14369
held pursuant to this section, provided that before attending any	14370
such continuing education program, the interested person has paid	14371
to the treasurer of state the full registration fee set for the	14372
continuing education program.	14373

(H) All funds collected pursuant to this section shall be	14374
paid into the county treasurer education fund created pursuant to	14375
section 321.46 of the Revised Code, and the actual and necessary	14376
expenses of the treasurer of state in conducting the continuing	14377
education programs required by this section shall be paid from	14378
this fund.	14379

(I) The treasurer of state may adopt reasonable rules not	14380
inconsistent with this section for the implementation of this	14381
section.	14382

Sec. 135.35. (A) The investing authority shall deposit or	14383
invest any part or all of the county's inactive moneys and shall	14384
invest all of the money in the county public library fund when	14385
required by section 135.352 of the Revised Code. The following	14386
classifications of securities and obligations are eligible for	14387
such deposit or investment:	14388

(1) United States treasury bills, notes, bonds, or any other	14389
obligation or security issued by the United States treasury, any	14390
other obligation guaranteed as to principal or interest by the	14391
United States, or any book entry, zero-coupon United States	14392
treasury security that is a direct obligation of the United	14393
States.	14394

Nothing in the classification of eligible securities and	14395
obligations set forth in divisions (A)(2) to (11) of this section	14396
shall be construed to authorize any investment in stripped	14397
principal or interest obligations of such eligible securities and	14398
obligations.	14399

(2) Bonds, notes, debentures, or any other obligations or	14400
securities issued by any federal government agency or	14401
instrumentality, including, but not limited to, the federal	14402
national mortgage association, federal home loan bank, federal	14403
farm credit bank, federal home loan mortgage corporation,	14404
government national mortgage association, and student loan	14405
marketing association. All federal agency securities shall be	14406
direct issuances of federal government agencies or	14407
instrumentalities.	14408

(3) Time certificates of deposit or savings or deposit	14409
accounts, including, but not limited to, passbook accounts, in any	14410
eligible institution mentioned in section 135.32 of the Revised	14411
Code;	14412

(4) Bonds and other obligations of this state or the	14413
political subdivisions of this state;	14414

(5) No-load money market mutual funds consisting exclusively	14415
of obligations described in division (A)(1) or (2) of this section	14416
and repurchase agreements secured by such obligations, provided	14417
that investments in securities described in this division are made	14418
only through eligible institutions mentioned in section 135.32 of	14419
the Revised Code;	14420

(6) The Ohio subdivision's fund as provided in section 135.45	14421
of the Revised Code;	14422

(7) Securities lending agreements with any eligible	14423
institution mentioned in section 135.32 of the Revised Code that	14424
is a member of the federal reserve system or federal home loan	14425
bank or with any recognized United States government securities	14426
dealer meeting the description in division (J)(1) of this section,	14427
under the terms of which agreements the investing authority lends	14428
securities and the eligible institution or dealer agrees to	14429
simultaneously exchange similar securities or cash, equal value	14430
for equal value.	14431

Securities and cash received as collateral for a securities	14432
lending agreement are not inactive moneys of the county or moneys	14433
of a county public library fund. The investment of cash collateral	14434
received pursuant to a securities lending agreement may be	14435
invested only in instruments specified by the investing authority	14436
in the written investment policy described in division (K) of this	14437
section.	14438

(8) Up to twenty-five per cent of the county's total average	14439
portfolio in either of the following investments:	14440

(a) Commercial paper notes issued by an entity that is	14441
defined in division (D) of section 1705.01 of the Revised Code and	14442
that has assets exceeding five hundred million dollars, to which	14443
notes all of the following apply:	14444

(i) The notes are rated at the time of purchase in the	14445
highest classification established by at least two nationally	14446
recognized standard rating services.	14447

(ii) The aggregate value of the notes does not exceed ten per	14448
cent of the aggregate value of the outstanding commercial paper of	14449
the issuing corporation.	14450

(iii) The notes mature not later than two hundred seventy	14451
days after purchase.	14452

(b) Bankers acceptances of banks that are insured by the	14453
federal deposit insurance corporation and to which both of the	14454
following apply:	14455

(i) The obligations are eligible for purchase by the federal	14456
reserve system.	14457

(ii) The obligations mature not later than one hundred eighty	14458
days after purchase.	14459

No investment shall be made pursuant to division (A)(8) of	14460
this section unless the investing authority has completed	14461
additional training for making the investments authorized by	14462
division (A)(8) of this section. The type and amount of additional	14463
training shall be approved by the auditor of state and may be	14464
conducted by or provided under the supervision of the auditor of	14465
state.	14466

(9) Up to fifteen per cent of the county's total average	14467
portfolio in notes issued by corporations that are incorporated	14468
under the laws of the United States and that are operating within	14469
the United States, or by depository institutions that are doing	14470
business under authority granted by the United States or any state	14471
and that are operating within the United States, provided both of	14472
the following apply:	14473

(a) The notes are rated in the second highest or higher	14474
category by at least two nationally recognized standard rating	14475
services at the time of purchase.	14476

(b) The notes mature not later than two years after purchase.

14477

(10) No-load money market mutual funds rated in the highest	14478
category at the time of purchase by at least one nationally	14479
recognized standard rating service and consisting exclusively of	14480
obligations described in division (A)(1), (2), or (6) of section	14481
135.143 of the Revised Code;	14482

(11) Debt interests rated at the time of purchase in the	14483
three highest categories by two nationally recognized standard	14484
rating services and issued by foreign nations diplomatically	14485
recognized by the United States government. All interest and	14486
principal shall be denominated and payable in United States funds.	14487
The investments made under division (A)(11) of this section shall	14488
not exceed in the aggregate one per cent of a county's total	14489
average portfolio.	14490

The investing authority shall invest under division (A)(11)	14491
of this section in a debt interest issued by a foreign nation only	14492
if the debt interest is backed by the full faith and credit of	14493
that foreign nation, there is no prior history of default, and the	14494
debt interest matures not later than five years after purchase.	14495
For purposes of division (A)(11) of this section, a debt interest	14496
is rated in the three highest categories by two nationally	14497
recognized standard rating services if either the debt interest	14498
itself or the issuer of the debt interest is rated, or is	14499
implicitly rated, at the time of purchase in the three highest	14500
categories by two nationally recognized standard rating services.	14501

(12) A current unpaid or delinquent tax line of credit	14502
authorized under division (G) of section 135.341 of the Revised	14503
Code, provided that all of the conditions for entering into such a	14504
line of credit under that division are satisfied, or bonds and	14505
other obligations of a county land reutilization corporation	14506
organized under Chapter 1724. of the Revised Code, if the county	14507
land reutilization corporation is located wholly or partly within	14508
the same county as the investing authority.	14509

(B) Nothing in the classifications of eligible obligations	14510
and securities set forth in divisions (A)(1) to (11) of this	14511
section shall be construed to authorize investment in a	14512
derivative, and no investing authority shall invest any county	14513
inactive moneys or any moneys in a county public library fund in a	14514
derivative. For purposes of this division, "derivative" means a	14515
financial instrument or contract or obligation whose value or	14516
return is based upon or linked to another asset or index, or both,	14517
separate from the financial instrument, contract, or obligation	14518
itself. Any security, obligation, trust account, or other	14519
instrument that is created from an issue of the United States	14520
treasury or is created from an obligation of a federal agency or	14521
instrumentality or is created from both is considered a derivative	14522
instrument. An eligible investment described in this section with	14523
a variable interest rate payment, based upon a single interest	14524
payment or single index comprised of other eligible investments	14525
provided for in division (A)(1) or (2) of this section, is not a	14526
derivative, provided that such variable rate investment has a	14527
maximum maturity of two years. A treasury inflation-protected	14528
security shall not be considered a derivative, provided the	14529
security matures not later than five years after purchase.	14530

(C) Except as provided in ~~division~~divisions (D) and (O) of	14531
this section, any investment made pursuant to this section must	14532
mature within ~~five~~ten years from the date of settlement, unless	14533
the investment is matched to a specific obligation or debt of the	14534
county or to a specific obligation or debt of a political	14535
subdivision of this state, and the investment is specifically	14536
approved by the investment advisory committee.	14537

(D) The investing authority may also enter into a written	14538
repurchase agreement with any eligible institution mentioned in	14539
section 135.32 of the Revised Code or any eligible securities	14540
dealer pursuant to division (J) of this section, under the terms	14541
of which agreement the investing authority purchases and the	14542
eligible institution or dealer agrees unconditionally to	14543
repurchase any of the securities listed in divisions (B)(1) to	14544
(5), except letters of credit described in division (B)(2), of	14545
section 135.18 of the Revised Code. The market value of securities	14546
subject to an overnight written repurchase agreement must exceed	14547
the principal value of the overnight written repurchase agreement	14548
by at least two per cent. A written repurchase agreement must	14549
exceed the principal value of the overnight written repurchase	14550
agreement, by at least two per cent. A written repurchase	14551
agreement shall not exceed thirty days, and the market value of	14552
securities subject to a written repurchase agreement must exceed	14553
the principal value of the written repurchase agreement by at	14554
least two per cent and be marked to market daily. All securities	14555
purchased pursuant to this division shall be delivered into the	14556
custody of the investing authority or the qualified custodian of	14557
the investing authority or an agent designated by the investing	14558
authority. A written repurchase agreement with an eligible	14559
securities dealer shall be transacted on a delivery versus payment	14560
basis. The agreement shall contain the requirement that for each	14561
transaction pursuant to the agreement the participating	14562
institution shall provide all of the following information:	14563

(1) The par value of the securities;

14564

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

14565

(3) A numerical identifier generally accepted in the	14566
securities industry that designates the securities.	14567

No investing authority shall enter into a written repurchase	14568
agreement under the terms of which the investing authority agrees	14569
to sell securities owned by the county to a purchaser and agrees	14570
with that purchaser to unconditionally repurchase those	14571
securities.	14572

(E) No investing authority shall make an investment under	14573
this section, unless the investing authority, at the time of	14574
making the investment, reasonably expects that the investment can	14575
be held until its maturity. The investing authority's written	14576
investment policy shall specify the conditions under which an	14577
investment may be redeemed or sold prior to maturity.	14578

(F) No investing authority shall pay a county's inactive	14579
moneys or moneys of a county public library fund into a fund	14580
established by another subdivision, treasurer, governing board, or	14581
investing authority, if that fund was established by the	14582
subdivision, treasurer, governing board, or investing authority	14583
for the purpose of investing or depositing the public moneys of	14584
other subdivisions. This division does not apply to the payment of	14585
public moneys into either of the following:	14586

(1) The Ohio subdivision's fund pursuant to division (A)(6)	14587
of this section;	14588

(2) A fund created solely for the purpose of acquiring,	14589
constructing, owning, leasing, or operating municipal utilities	14590
pursuant to the authority provided under section 715.02 of the	14591
Revised Code or Section 4 of Article XVIII, Ohio Constitution.	14592

For purposes of division (F) of this section, "subdivision"	14593
includes a county.	14594

(G) The use of leverage, in which the county uses its current	14595
investment assets as collateral for the purpose of purchasing	14596
other assets, is prohibited. The issuance of taxable notes for the	14597
purpose of arbitrage is prohibited. Contracting to sell securities	14598
not owned by the county, for the purpose of purchasing such	14599
securities on the speculation that bond prices will decline, is	14600
prohibited.	14601

(H) Any securities, certificates of deposit, deposit	14602
accounts, or any other documents evidencing deposits or	14603
investments made under authority of this section shall be issued	14604
in the name of the county with the county treasurer or investing	14605
authority as the designated payee. If any such deposits or	14606
investments are registrable either as to principal or interest, or	14607
both, they shall be registered in the name of the treasurer.	14608

(I) The investing authority shall be responsible for the	14609
safekeeping of all documents evidencing a deposit or investment	14610
acquired under this section, including, but not limited to,	14611
safekeeping receipts evidencing securities deposited with a	14612
qualified trustee, as provided in section 135.37 of the Revised	14613
Code, and documents confirming the purchase of securities under	14614
any repurchase agreement under this section shall be deposited	14615
with a qualified trustee, provided, however, that the qualified	14616
trustee shall be required to report to the investing authority,	14617
auditor of state, or an authorized outside auditor at any time	14618
upon request as to the identity, market value, and location of the	14619
document evidencing each security, and that if the participating	14620
institution is a designated depository of the county for the	14621
current period of designation, the securities that are the subject	14622
of the repurchase agreement may be delivered to the treasurer or	14623
held in trust by the participating institution on behalf of the	14624
investing authority.	14625

Upon the expiration of the term of office of an investing	14626
authority or in the event of a vacancy in the office for any	14627
reason, the officer or the officer's legal representative shall	14628
transfer and deliver to the officer's successor all documents	14629
mentioned in this division for which the officer has been	14630
responsible for safekeeping. For all such documents transferred	14631
and delivered, the officer shall be credited with, and the	14632
officer's successor shall be charged with, the amount of moneys	14633
evidenced by such documents.	14634

(J)(1) All investments, except for investments in securities	14635
described in divisions (A)(5), (6), and (12) of this section,	14636
shall be made only through a member of the national association of	14637
securities dealers, through a bank, savings bank, or savings and	14638
loan association regulated by the superintendent of financial	14639
institutions, or through an institution regulated by the	14640
comptroller of the currency, federal deposit insurance	14641
corporation, or board of governors of the federal reserve system.	14642

(2) Payment for investments shall be made only upon the	14643
delivery of securities representing such investments to the	14644
treasurer, investing authority, or qualified trustee. If the	14645
securities transferred are not represented by a certificate,	14646
payment shall be made only upon receipt of confirmation of	14647
transfer from the custodian by the treasurer, governing board, or	14648
qualified trustee.	14649

(K)(1) Except as otherwise provided in division (K)(2) of	14650
this section, no investing authority shall make an investment or	14651
deposit under this section, unless there is on file with the	14652
auditor of state a written investment policy approved by the	14653
investing authority. The policy shall require that all entities	14654
conducting investment business with the investing authority shall	14655
sign the investment policy of that investing authority. All	14656
brokers, dealers, and financial institutions, described in	14657
division (J)(1) of this section, initiating transactions with the	14658
investing authority by giving advice or making investment	14659
recommendations shall sign the investing authority's investment	14660
policy thereby acknowledging their agreement to abide by the	14661
policy's contents. All brokers, dealers, and financial	14662
institutions, described in division (J)(1) of this section,	14663
executing transactions initiated by the investing authority,	14664
having read the policy's contents, shall sign the investment	14665
policy thereby acknowledging their comprehension and receipt.	14666

(2) If a written investment policy described in division	14667
(K)(1) of this section is not filed on behalf of the county with	14668
the auditor of state, the investing authority of that county shall	14669
invest the county's inactive moneys and moneys of the county	14670
public library fund only in time certificates of deposits or	14671
savings or deposit accounts pursuant to division (A)(3) of this	14672
section, no-load money market mutual funds pursuant to division	14673
(A)(5) of this section, or the Ohio subdivision's fund pursuant to	14674
division (A)(6) of this section.	14675

(L)(1) The investing authority shall establish and maintain	14676
an inventory of all obligations and securities acquired by the	14677
investing authority pursuant to this section. The inventory shall	14678
include a description of each obligation or security, including	14679
type, cost, par value, maturity date, settlement date, and any	14680
coupon rate.	14681

(2) The investing authority shall also keep a complete record	14682
of all purchases and sales of the obligations and securities made	14683
pursuant to this section.	14684

(3) The investing authority shall maintain a monthly	14685
portfolio report and issue a copy of the monthly portfolio report	14686
describing such investments to the county investment advisory	14687
committee, detailing the current inventory of all obligations and	14688
securities, all transactions during the month that affected the	14689
inventory, any income received from the obligations and	14690
securities, and any investment expenses paid, and stating the	14691
names of any persons effecting transactions on behalf of the	14692
investing authority.	14693

(4) The monthly portfolio report shall be a public record and	14694
available for inspection under section 149.43 of the Revised Code.	14695

(5) The inventory and the monthly portfolio report shall be	14696
filed with the board of county commissioners. The monthly	14697
portfolio report also shall be filed with the treasurer of state.	14698

(M) An investing authority may enter into a written	14699
investment or deposit agreement that includes a provision under	14700
which the parties agree to submit to nonbinding arbitration to	14701
settle any controversy that may arise out of the agreement,	14702
including any controversy pertaining to losses of public moneys	14703
resulting from investment or deposit. The arbitration provision	14704
shall be set forth entirely in the agreement, and the agreement	14705
shall include a conspicuous notice to the parties that any party	14706
to the arbitration may apply to the court of common pleas of the	14707
county in which the arbitration was held for an order to vacate,	14708
modify, or correct the award. Any such party may also apply to the	14709
court for an order to change venue to a court of common pleas	14710
located more than one hundred miles from the county in which the	14711
investing authority is located.	14712

For purposes of this division, "investment or deposit	14713
agreement" means any agreement between an investing authority and	14714
a person, under which agreement the person agrees to invest,	14715
deposit, or otherwise manage, on behalf of the investing	14716
authority, a county's inactive moneys or moneys in a county public	14717
library fund, or agrees to provide investment advice to the	14718
investing authority.	14719

(N)(1) An investment held in the county portfolio on	14720
September 27, 1996, that was a legal investment under the law as	14721
it existed before September 27, 1996, may be held until maturity,	14722
or if the investment does not have a maturity date the investment	14723
may be held until five years from September 27, 1996, regardless	14724
of whether the investment would qualify as a legal investment	14725
under the terms of this section as amended.	14726

(2) An investment held in the county portfolio on ~~the~~	14727
~~effective date of this amendment~~September 10, 2012, that was a	14728
legal investment under the law as it existed before ~~the effective~~	14729
~~date of this amendment~~September 10, 2012, may be held until	14730
maturity.	14731

(O) Upon a majority affirmative vote of the county investment	14732
advisory committee in support of such action, an investment	14733
authority may invest up to twenty-five per cent of the county's	14734
total average portfolio of investments made under this section in	14735
securities and obligations that mature on a date that is more than	14736
ten years from the date of settlement.	14737

Sec. 135.61. As used in sections 135.61 to 135.67 of the	14738
Revised Code:	14739

(A) "Eligible small business" means any person, including,	14740
but not limited to a person engaged in agriculture, that has all	14741
of the following characteristics:	14742

(1) Is headquartered in this state;

14743

(2) Maintains offices and operating facilities exclusively in	14744
this state and transacts business in this state;	14745

(3) Employs fewer than one hundred fifty employees, the	14746
majority of whom are residents of this state;	14747

(4) Is organized for profit.

14748

(B) "Eligible lending institution" means a financial	14749
institution that is eligible to make commercial loans, is a public	14750
depository of state funds under section 135.03 of the Revised	14751
Code, and agrees to participate in the linked deposit program.	14752

(C) "Linked deposit" means a certificate of deposit or other	14753
financial institution instrument placed by the treasurer of state	14754
with an eligible lending institution at a rate below current	14755
market rates, as determined and calculated by the treasurer of	14756
state, provided the institution agrees to lend the value of such	14757
deposit, according to the deposit agreement provided in division	14758
(C) of section 135.65 of the Revised Code, to eligible small	14759
businesses at a rate that reflects an equal percentage rate	14760
reduction below the present borrowing rate applicable to each	14761
specific business at the time of the deposit of state funds in the	14762
institution.	14763

(D) "Other financial institution instrument" has the same	14764
meaning as in section 135.81 of the Revised Code.	14765

(E) "Loan" means a contractual agreement under which an	14766
eligible lending institution agrees to lend money in the form of	14767
an upfront lump sum, a line of credit, or any other reasonable	14768
arrangement approved by the treasurer of state.	14769

Sec. 135.71. As used in sections 135.71 to 135.76 of the	14770
Revised Code:	14771

(A) "Eligible agricultural business" means any person engaged	14772
in agriculture that has all of the following characteristics:	14773

(1) Is headquartered and domiciled in this state;

14774

(2) Maintains land or facilities for agricultural purposes in	14775
this state provided that the land or facilities within this state	14776
comprise not less than fifty-one per cent of the total of all	14777
lands or facilities maintained by the person;	14778

(3) Is organized for profit.

14779

(B) "Eligible lending institution" means a financial	14780
institution that is eligible to make commercial loans, agrees to	14781
participate in the agricultural linked deposit program, and:	14782

(1) Is a public depository of state funds under section	14783
135.03 of the Revised Code; or	14784

(2) Notwithstanding sections 135.01 to 135.21 of the Revised	14785
Code, is an institution of the farm credit system organized under	14786
the federal "Farm Credit Act of 1971," 85 Stat. 583, 12 U.S.C.A.	14787
2001, as amended.	14788

(C) "Agricultural linked deposit" means a certificate of	14789
deposit placed by the treasurer of state with an eligible lending	14790
institution under section 135.74 of the Revised Code or an	14791
investment in bonds, notes, debentures, or other obligations or	14792
securities issued by the federal farm credit bank with regard to	14793
an eligible lending institution.	14794

(D) "Loan" means a contractual agreement under which an	14795
eligible lending institution agrees to lend money in the form of	14796
an upfront lump sum, a line of credit, or any other reasonable	14797
arrangement approved by the treasurer of state.	14798

Sec. 135.80. (A) The legislative authority of a municipal	14799
corporation, by ordinance; the board of directors of a port	14800
authority or a lake facilities authority, by resolution; or the	14801
board of county commissioners, by resolution, may establish a	14802
linked deposit program authorizing the treasurer or governing	14803
board of the municipal corporation, the board of directors of the	14804
port authority or lake facilities authority, or the investing	14805
authority of the county, as created or designated by the ordinance	14806
or resolution, to place certificates of deposit at up to three per	14807
cent below market rates with an eligible lending institution	14808
applying for interim moneys as provided in section 135.08 of the	14809
Revised Code, selected to invest port authority or lake facilities	14810
authority moneys in linked deposit programs pursuant to section	14811
4582.54 or 353.15 of the Revised Code, or applying for inactive	14812
moneys as provided in section 135.32 of the Revised Code, provided	14813
the institution agrees to lend the value of such deposit to	14814
eligible borrowers at up to three per cent below the present	14815
borrowing rate applicable to each borrower. The ordinance or	14816
resolution shall include requirements and provisions that are	14817
necessary to establish the program, including, but not limited to:	14818

(1) Eligibility requirements for borrowers who may receive	14819
reduced rate loans under the program;	14820

(2) Application procedures for borrowers and institutions	14821
wishing to participate in the program;	14822

(3) Review procedures for applications and criteria for	14823
acceptance or rejection of applications for reduced rate loans;	14824

(4) Necessary agreements between the eligible lending	14825
institution and the treasurer or governing board of the municipal	14826
corporation, the board of directors of the port authority or lake	14827
facilities authority, or the investing authority of the county to	14828
carry out the purposes of the linked deposit program;	14829

(5) Annual reports regarding the operation of the program to	14830
be made by the treasurer or governing board to the legislative	14831
authority, the eligible lending institution to the board of	14832
directors of the port authority or lake facilities authority, or	14833
the investing authority to the board of county commissioners.	14834

(B) The municipal corporation and the treasurer or governing	14835
board, the port authority or lake facilities authority and the	14836
board of directors, and the county and the investing authority or	14837
the board of county commissioners, are not liable to any eligible	14838
lending institution in any manner for the payment of the principal	14839
or interest on any reduced rate loan made under the program, and	14840
any delay in payment or default on the part of any borrower does	14841
not in any manner affect the deposit agreement between the	14842
eligible lending institution and the treasurer or governing board,	14843
the board of directors, or the investing authority or board of	14844
county commissioners.	14845

(C) For purposes of this section~~, both of the following~~	14846
~~apply~~:	14847

(1) "Investing authority" has the same meaning as in section	14848
135.31 of the Revised Code.	14849

(2) "Port authority" means a port authority created in	14850
accordance with section 4582.22 of the Revised Code.	14851

(3) "Lake facilities authority" means a lake facilities	14852
authority created in accordance with section 353.02 of the Revised	14853
Code.	14854

Sec. 135.81. As used in sections 135.81 to 135.87 of the	14855
Revised Code:	14856

(A) "Eligible governmental subdivision" means a municipal	14857
corporation, port authority created in accordance with section	14858
4582.22 of the Revised Code, or county in this state.	14859

(B) "Eligible governmental subdivision housing linked deposit	14860
program" means any program established pursuant to section 135.80	14861
of the Revised Code by the legislative authority of a municipal	14862
corporation, the board of directors of a port authority created in	14863
accordance with section 4582.22 of the Revised Code, or the board	14864
of county commissioners of a county, in which the program goals	14865
address specific housing issues relative to the geographic	14866
boundaries of that municipal corporation, port authority, or	14867
county. These program goals include, but are not limited to, home	14868
improvement, home restoration, energy efficiency, retention of	14869
historic significance, controlling urban sprawl, neighborhood	14870
revitalization, affordable housing, home ownership for persons	14871
unable to secure conventional financing, urban development, or	14872
economic revitalization of a residential area as a result of a	14873
natural disaster or other catastrophic occurrence.	14874

(C) "Eligible housing linked deposit participant" means any	14875
person or small business that meets the requirements set forth in	14876
an eligible governmental subdivision housing linked deposit	14877
program or set forth by the treasurer of state pursuant to	14878
division (B)(2) of section 135.82 of the Revised Code and that is	14879
a resident of this state.	14880

(D) "Eligible lending institution" means a financial	14881
institution meeting all of the following:	14882

(1) It is eligible to make commercial loans or residential	14883
loans.	14884

(2) It is a public depository of state funds under section	14885
135.03 of the Revised Code.	14886

(3) It agrees to participate in a program to provide housing	14887
linked deposits.	14888

(E) "Housing linked deposit" means a certificate of deposit	14889
or other financial institution instrument, described in section	14890
135.85 of the Revised Code, placed by the treasurer of state with	14891
an eligible lending institution, in accordance with division (B)	14892
of section 135.84 of the Revised Code, provided that the	14893
institution agrees, at the time of the deposit of state funds and	14894
for the period of the deposit, to lend the value of the deposit	14895
according to the deposit agreement described in section 135.85 of	14896
the Revised Code to eligible housing linked deposit participants	14897
at a fixed interest rate of up to three hundred basis points below	14898
the present borrowing rate applicable to each participant in the	14899
absence of approval to participate in the programs described in	14900
division (B) of section 135.82 of the Revised Code.	14901

(F) "Other financial institution instrument" means a fully	14902
collateralized product that otherwise would pay market rates of	14903
interest approved by the treasurer of state, for the purpose of	14904
providing eligible housing linked deposit participants with the	14905
benefits of a housing linked deposit.	14906

(G) "Loan" means a contractual agreement under which an	14907
eligible lending institution agrees to lend money in the form of	14908
an upfront lump sum, a line of credit, or any other reasonable	14909
arrangement approved by the treasurer of state.	14910

Sec. 135.85. (A) Upon placement of a housing linked deposit	14911
with an eligible lending institution pursuant to division (B) of	14912
section 135.84 of the Revised Code, the eligible lending	14913
institution shall do both of the following:	14914

(1) Enter into a deposit agreement with the treasurer of	14915
state that includes all of the following:	14916

(a) Any requirements necessary to carry out the purposes of	14917
sections 135.81 to 135.87 of the Revised Code;	14918

(b) Provisions for any certificate of deposit or other	14919
financial institution instrument meeting the requirements	14920
described in division (B) of this section and placed for any	14921
maturity considered appropriate by the treasurer of state but not	14922
exceeding five years;	14923

(c) A specification of the period of time in which the	14924
eligible lending institution is to provide the reduced interest	14925
rate to an approved applicant.	14926

(2) Lend funds as provided in division (C) of this section	14927
and in accordance with the deposit agreement described in this	14928
section to each eligible housing linked deposit participant	14929
approved by the treasurer of state pursuant to division (A) of	14930
section 135.84 of the Revised Code.	14931

(B) Both of the following apply to any certificate of deposit	14932
or other financial institution instrument described in division	14933
(A)(1)(b) of this section:	14934

(1) The certificate of deposit or other financial institution	14935
instrument shall not be renewed upon final maturity.	14936

(2) Interest shall be paid at the times and in the manner	14937
prescribed by the treasurer of state.	14938

(C) The loan described in division (A)(2) of this section	14939
shall be at a fixed rate of up to three hundred basis points below	14940
the present borrowing rate that would apply to the eligible	14941
housing linked deposit participant in the absence of approval to	14942
participate in the programs described in division (B) of section	14943
135.82 of the Revised Code.	14944

(D) A certificate of compliance with this section in the form	14945
and manner prescribed by the treasurer of state shall be provided	14946
by the eligible lending institution.	14947

(E)(1) Any delay in payments or default on the part of the	14948
eligible housing linked deposit participant does not in any manner	14949
affect the deposit agreement between the eligible lending	14950
institution and the treasurer of state.	14951

(2) If an eligible lending institution changes the terms of a	14952
loan to an eligible housing linked deposit participant because of	14953
a delay in payments or default, the housing linked deposit amount	14954
shall be returned to the treasurer of state by the eligible	14955
lending institution. In which case, the deposit amount plus	14956
interest and without early withdrawal penalties shall be returned	14957
in a timely manner as prescribed by the treasurer of state.	14958

(F) An eligible lending institution shall comply fully with	14959
sections 135.81 to 135.87 of the Revised Code.	14960

Sec. 140.01. As used in this chapter:

14961

(A) "Hospital agency" means any public hospital agency or any	14962
nonprofit hospital agency.	14963

(B) "Public hospital agency" means any county, board of	14964
county hospital trustees established pursuant to section 339.02 of	14965
the Revised Code, county hospital commission established pursuant	14966
to section 339.14 of the Revised Code, municipal corporation, new	14967
community authority organized under Chapter 349. of the Revised	14968
Code, joint township hospital district, state or municipal	14969
university or college operating or authorized to operate a	14970
hospital facility, or the state.	14971

(C) "Nonprofit hospital agency" means a corporation or	14972
association not for profit, no part of the net earnings of which	14973
inures or may lawfully inure to the benefit of any private	14974
shareholder or individual, that has authority to own or operate a	14975
hospital facility or provides or is to provide services to one or	14976
more other hospital agencies.	14977

(D) "Governing body" means, in the case of a county, the	14978
board of county commissioners or other legislative body; in the	14979
case of a board of county hospital trustees, the board; in the	14980
case of a county hospital commission, the commission; in the case	14981
of a municipal corporation, the council or other legislative	14982
authority; in the case of a new community authority, its board of	14983
trustees; in the case of a joint township hospital district, the	14984
joint township district hospital board; in the case of a state or	14985
municipal university or college, its board of trustees or board of	14986
directors; in the case of a nonprofit hospital agency, the board	14987
of trustees or other body having general management of the agency;	14988
and, in the case of the state, the director of development	14989
services or the Ohio higher educational facility commission.	14990

(E) "Hospital facilities" means buildings, structures and	14991
other improvements, additions thereto and extensions thereof,	14992
furnishings, equipment, and real estate and interests in real	14993
estate, used or to be used for or in connection with one or more	14994
hospitals, emergency, intensive, intermediate, extended,	14995
long-term, or self-care facilities, diagnostic and treatment and	14996
out-patient facilities, facilities related to programs for home	14997
health services, clinics, laboratories, public health centers,	14998
research facilities, and rehabilitation facilities, for or	14999
pertaining to diagnosis, treatment, care, or rehabilitation of	15000
sick, ill, injured, infirm, impaired, disabled, or handicapped	15001
persons, or the prevention, detection, and control of disease, and	15002
also includes education, training, and food service facilities for	15003
health professions personnel, housing facilities for such	15004
personnel and their families, and parking and service facilities	15005
in connection with any of the foregoing; and includes any one,	15006
part of, or any combination of the foregoing; and further includes	15007
site improvements, utilities, machinery, facilities, furnishings,	15008
and any separate or connected buildings, structures, improvements,	15009
sites, utilities, facilities, or equipment to be used in, or in	15010
connection with the operation or maintenance of, or supplementing	15011
or otherwise related to the services or facilities to be provided	15012
by, any one or more of such hospital facilities.	15013

(F) "Costs of hospital facilities" means the costs of	15014
acquiring hospital facilities or interests in hospital facilities,	15015
including membership interests in nonprofit hospital agencies,	15016
costs of constructing hospital facilities, costs of improving one	15017
or more hospital facilities, including reconstructing,	15018
rehabilitating, remodeling, renovating, and enlarging, costs of	15019
equipping and furnishing such facilities, and all financing costs	15020
pertaining thereto, including, without limitation thereto, costs	15021
of engineering, architectural, and other professional services,	15022
designs, plans, specifications and surveys, and estimates of cost,	15023
costs of tests and inspections, the costs of any indemnity or	15024
surety bonds and premiums on insurance, all related direct or	15025
allocable administrative expenses pertaining thereto, fees and	15026
expenses of trustees, depositories, and paying agents for the	15027
obligations, cost of issuance of the obligations and financing	15028
charges and fees and expenses of financial advisors, attorneys,	15029
accountants, consultants and rating services in connection	15030
therewith, capitalized interest on the obligations, amounts	15031
necessary to establish reserves as required by the bond	15032
proceedings, the reimbursement of all moneys advanced or applied	15033
by the hospital agency or others or borrowed from others for the	15034
payment of any item or items of costs of such facilities, and all	15035
other expenses necessary or incident to planning or determining	15036
feasibility or practicability with respect to such facilities, and	15037
such other expenses as may be necessary or incident to the	15038
acquisition, construction, reconstruction, rehabilitation,	15039
remodeling, renovation, enlargement, improvement, equipment, and	15040
furnishing of such facilities, the financing thereof, and the	15041
placing of the same in use and operation, including any one, part	15042
of, or combination of such classes of costs and expenses, and	15043
means the costs of refinancing obligations issued by, or	15044
reimbursement of money advanced by, nonprofit hospital agencies or	15045
others the proceeds of which were used for the payment of costs of	15046
hospital facilities, if the governing body of the public hospital	15047
agency determines that the refinancing or reimbursement advances	15048
the purposes of this chapter, whether or not the refinancing or	15049
reimbursement is in conjunction with the acquisition or	15050
construction of additional hospital facilities.	15051

(G) "Hospital receipts" means all moneys received by or on	15052
behalf of a hospital agency from or in connection with the	15053
ownership, operation, acquisition, construction, improvement,	15054
equipping, or financing of any hospital facilities, including,	15055
without limitation thereto, any rentals and other moneys received	15056
from the lease, sale, or other disposition of hospital facilities,	15057
and any gifts, grants, interest subsidies, or other moneys	15058
received under any federal program for assistance in financing the	15059
costs of hospital facilities, and any other gifts, grants, and	15060
donations, and receipts therefrom, available for financing the	15061
costs of hospital facilities.	15062

(H) "Obligations" means bonds, notes, or other evidences of	15063
indebtedness or obligation, including interest coupons pertaining	15064
thereto, issued or issuable by a public hospital agency to pay	15065
costs of hospital facilities.	15066

(I) "Bond service charges" means principal, interest, and	15067
call premium, if any, required to be paid on obligations.	15068

(J) "Bond proceedings" means one or more ordinances,	15069
resolutions, trust agreements, indentures, and other agreements or	15070
documents, and amendments and supplements to the foregoing, or any	15071
combination thereof, authorizing or providing for the terms,	15072
including any variable interest rates, and conditions applicable	15073
to, or providing for the security of, obligations and the	15074
provisions contained in such obligations.	15075

(K) "Nursing home" has the same meaning as in division (A)(1)	15076
of section 5701.13 of the Revised Code.	15077

(L) "Residential care facility" has the same meaning as in	15078
division (A)(2) of section 5701.13 of the Revised Code.	15079

(M) "Independent living facility" means any self-care	15080
facility or other housing facility designed or used as a residence	15081
for elderly persons. An "independent living facility" does not	15082
include a residential facility, or that part of a residential	15083
facility, that is any of the following:	15084

(1) A hospital required to be certified by section 3727.02 of	15085
the Revised Code;	15086

(2) A nursing home or residential care facility;

15087

(3) A facility operated by a hospice care program licensed	15088
under section 3712.04 of the Revised Code and used for the	15089
program's hospice patients;	15090

(4) A residential facility licensed by the department of	15091
~~mental health~~mental health and addiction services under section	15092
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	15093
supervision, and personal care services for three to sixteen	15094
unrelated adults;	15095

(5) A residential facility licensed by the department of	15096
~~mental health~~mental health and addiction services under section	15097
~~5119.22~~5119.34 of the Revised Code that is not a residential	15098
facility described in division (M)(4) of this section;	15099

(6) A facility licensed to provide methadone treatment under	15100
section ~~3793.11~~5119.39 of the Revised Code;	15101

(7) A facility certified as ~~an alcohol and drug~~a community	15102
addiction ~~program~~services provider under section ~~3793.06~~5119.36	15103
of the Revised Code;	15104

(8) A residential facility licensed under section 5123.19 of	15105
the Revised Code or a facility providing services under a contract	15106
with the department of developmental disabilities under section	15107
5123.18 of the Revised Code;	15108

(9) A residential facility used as part of a hospital to	15109
provide housing for staff of the hospital or students pursuing a	15110
course of study at the hospital.	15111

Sec. 140.03. (A) Two or more hospital agencies may enter	15112
into agreements for the acquisition, construction, reconstruction,	15113
rehabilitation, remodeling, renovating, enlarging, equipping, and	15114
furnishing of hospital facilities, or the management, operation,	15115
occupancy, use, maintenance, and repair of hospital facilities, or	15116
for participation in programs, projects, activities, and services	15117
useful to, connected with, supplementing, or otherwise related to	15118
the services provided by, or the operation of, hospital facilities	15119
operated by one or more participating hospital agencies, including	15120
any combination of such purposes, all in such manner as to promote	15121
the public purpose stated in section 140.02 of the Revised Code. A	15122
city health district; general health district; board of alcohol,	15123
drug addiction, and mental health services; county board of	15124
developmental disabilities; the department of ~~mental health~~mental	15125
health and addiction services; the department of developmental	15126
disabilities; or any public body engaged in the education or	15127
training of health professions personnel may join in any such	15128
agreement for purposes related to its authority under laws	15129
applicable to it, and as such a participant shall be considered a	15130
public hospital agency or hospital agency for the purposes of this	15131
section.	15132

(B) An agreement entered into under authority of this section	15133
shall, where appropriate, provide for:	15134

(1) The manner in which the title to the hospital facilities,	15135
including the sites and interest in real estate pertaining	15136
thereto, is to be held, transferred, or disposed of;	15137

(2) Unless provided for by lease pursuant to section 140.05	15138
of the Revised Code, the method by which such hospital facilities	15139
are to be acquired, constructed, or otherwise improved and by	15140
which they shall be managed, occupied, maintained, and repaired,	15141
including the designation of one of the hospital agencies to have	15142
charge of the details of acquisition, construction, or improvement	15143
pursuant to the contracting procedures prescribed under the law	15144
applicable to one of the participating public hospital agencies;	15145

(3) The management or administration of any such programs,	15146
projects, activities, or services, which may include management or	15147
administration by one of said hospital agencies or a board or	15148
agency thereof;	15149

(4) Annual, or more frequent, reports to the participating	15150
hospital agencies as to the revenues and receipts pertaining to	15151
the subject of the agreement, the expenditures thereof, the status	15152
and application of other funds contributed under such agreement,	15153
and such other matters as may be specified by or pursuant to such	15154
agreement;	15155

(5) The manner of apportionment or sharing of costs of	15156
hospital facilities, any other applicable costs of management,	15157
operation, maintenance, and repair of hospital facilities, and	15158
costs for the programs, projects, activities, and services forming	15159
the subject of the agreement, which apportionment or sharing may	15160
be prescribed in fixed amounts, or determined by ratios, formulas,	15161
or otherwise, and paid as service charges, rentals, or in such	15162
other manner as provided in the agreement, and may include amounts	15163
sufficient to meet the bond service charges and other payments and	15164
deposits required under the bond proceedings for obligations	15165
issued to pay costs of hospital facilities. A hospital agency may	15166
commit itself to make such payments at least for so long as any	15167
such obligations are outstanding. In the apportionment, different	15168
classes of costs or expenses may be apportioned to one or more,	15169
all or less than all, of the participating hospital agencies as	15170
determined under such agreement.	15171

(C) An agreement entered into under authority of this section	15172
may provide for:	15173

(1) An orderly process for making determinations or advising	15174
as to planning, execution, implementation, and operation, which	15175
may include designating one of the hospital agencies, or a board	15176
thereof, for any of such purposes, provisions for a committee,	15177
board, or commission, and for representation thereon, or as may	15178
otherwise be provided;	15179

(2) Securing necessary personnel, including participation of	15180
personnel from the respective hospital agencies;	15181

(3) Standards or conditions for the admission or	15182
participation of patients and physicians;	15183

(4) Conditions for admittance of other hospital agencies to	15184
participation under the agreement;	15185

(5) Fixing or establishing the method of determining charges	15186
to be made for particular services;	15187

(6) The manner of amending, supplementing, terminating, or	15188
withdrawal or removal of any party from, the agreement, and the	15189
term of the agreement, or an indefinite term;	15190

(7) Designation of the applicants for or recipients of any	15191
federal, state, or other aid, assistance, or loans available by	15192
reason of any activities conducted under the agreement;	15193

(8) Designation of one or more of the participating hospital	15194
agencies to maintain, prepare, and submit, on behalf of all	15195
parties to the agreement, any or all records and reports with	15196
regard to the activities conducted under the agreement;	15197

(9) Any incidental use of the hospital facilities, or	15198
services thereof, by participating public hospital agencies for	15199
any of their lawful purposes, which incidental use does not impair	15200
the character of the facilities as hospital facilities for any	15201
purpose of this chapter;	15202

(10) Such other matters as the parties thereto may agree upon	15203
for the purposes of division (A) of this section.	15204

(D) For the purpose of paying or contributing its share under	15205
an agreement made under this section, a public hospital agency	15206
may:	15207

(1) Expend any moneys from its general fund, and from any	15208
other funds not otherwise restricted by law, but including funds	15209
for permanent improvements of hospital facilities of such public	15210
hospital agency where the contribution is to be made toward the	15211
costs of hospital facilities under the agreement, and including	15212
funds derived from levies for, or receipts available for,	15213
operating expenses of hospital facilities or services of such	15214
public hospital agency where the contribution or payment is to be	15215
made toward operating expenses of the hospital facilities or	15216
services under the agreement or for the services provided thereby;	15217

(2) Issue obligations under Chapter 133. or section 140.06,	15218
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	15219
3 of Article XVIII, Ohio Constitution, if applicable to such	15220
public hospital agency, to pay costs of hospital facilities, or	15221
issue obligations under any other provision of law authorizing	15222
such public hospital agency to issue obligations for any costs of	15223
hospital facilities;	15224

(3) Levy taxes under Chapter 5705. or section 513.13 or	15225
3709.29 of the Revised Code, if applicable to such public hospital	15226
agency, provided that the purpose of such levy may include the	15227
provision of funds for either or both permanent improvements and	15228
current expenses if required for the contribution or payment of	15229
such hospital agency under such agreement, and each such public	15230
hospital agency may issue notes in anticipation of any such levy,	15231
pursuant to the procedures provided in section 5705.191 of the	15232
Revised Code if the levy is solely for current expenses, and in	15233
section 5705.193 of the Revised Code if the levy is all or in part	15234
for permanent improvements;	15235

(4) Contribute real and personal property or interest therein	15236
without necessity for competitive bidding or public auction on	15237
disposition of such property.	15238

(E) Any funds provided by public hospital agencies that are	15239
parties to an agreement entered into under this section shall be	15240
transferred to and placed in a separate fund or funds of such	15241
participating public hospital agency as is designated under the	15242
agreement. The funds shall be applied for the purposes provided in	15243
such agreement and are subject to audit. Pursuant to any	15244
determinations to be made under such agreement, the funds shall be	15245
deposited, invested, and disbursed under the provisions of law	15246
applicable to the public hospital agency in whose custody the	15247
funds are held. This division is subject to the provisions of any	15248
applicable bond proceedings under section 133.08, 140.06, 339.15,	15249
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	15250
Constitution. The records and reports of such public hospital	15251
agency under Chapter 117. of the Revised Code and sections 3702.51	15252
to 3702.62 of the Revised Code, with respect to the funds shall be	15253
sufficient without necessity for reports thereon by the other	15254
public hospital agencies participating under such agreement.	15255

(F)(1) Prior to its entry into any such agreement, the public	15256
hospital agency must determine, and set forth in a resolution or	15257
ordinance, that the contribution to be made by it under such	15258
agreement will be fair consideration for value and benefit to be	15259
derived by it under such agreement and that the agreement will	15260
promote the public purpose stated in section 140.02 of the Revised	15261
Code.	15262

(2) If the agreement is with a board of county commissioners,	15263
board of county hospital trustees, or county hospital commission	15264
and is an initial agreement for the acquisition or operation of a	15265
county hospital operated by a board of county hospital trustees	15266
under section 339.06 of the Revised Code, the governing body of	15267
the public hospital agency shall submit the agreement, accompanied	15268
by the resolution or ordinance, to the board of county	15269
commissioners for review pursuant to section 339.091 of the	15270
Revised Code. The agreement may be entered into only if the board	15271
of county commissioners adopts a resolution under that section.	15272
The requirements of division (F)(2) of this section do not apply	15273
to the agreement if one or more hospitals classified as general	15274
hospitals by the director of health under section 3701.07 of the	15275
Revised Code are operating in the same county as the county	15276
hospital.	15277

Sec. 140.05. (A)(1) A public hospital agency may lease any	15278
hospital facility to one or more hospital agencies for use as a	15279
hospital facility, or to one or more city or general health	15280
districts; boards of alcohol, drug addiction, and mental health	15281
services; county boards of developmental disabilities; the	15282
department of ~~mental health~~mental health and addiction services;	15283
or the department of developmental disabilities, for uses which	15284
they are authorized to make thereof under the laws applicable to	15285
them, or any combination of them, and they may lease such	15286
facilities to or from a hospital agency for such uses, upon such	15287
terms and conditions as are agreed upon by the parties. Such lease	15288
may be for a term of fifty years or less and may provide for an	15289
option of the lessee to renew for a term of fifty years or less,	15290
as therein set forth. Prior to entering into such lease, the	15291
governing body of any public hospital agency granting such lease	15292
must determine, and set forth in a resolution or ordinance, that	15293
such lease will promote the public purpose stated in section	15294
140.02 of the Revised Code and that the lessor public hospital	15295
agency will be duly benefited thereby.	15296

(2) If the lease is with a board of county commissioners,	15297
board of county hospital trustees, or county hospital commission	15298
and is an agreement for the initial lease of a county hospital	15299
operated by a board of county hospital trustees under section	15300
339.06 of the Revised Code, the governing body of the public	15301
hospital agency shall submit the agreement, accompanied by the	15302
resolution or ordinance, to the board of county commissioners for	15303
review pursuant to section 339.091 of the Revised Code. The	15304
agreement may be entered into only if the board of county	15305
commissioners adopts a resolution under that section. The	15306
requirements of division (A)(2) of this section do not apply to	15307
the lease if one or more hospitals classified as general hospitals	15308
by the director of health under section 3701.07 of the Revised	15309
Code are operating in the same county as the county hospital.	15310

(B) Any lease entered into pursuant to this section shall	15311
provide that in the event that the lessee fails faithfully and	15312
efficiently to administer, maintain, and operate such leased	15313
facilities as hospital facilities, or fails to provide the	15314
services thereof without regard to race, creed, color, or national	15315
origin, or fails to require that any hospital agency using such	15316
facilities or the services thereof shall not discriminate by	15317
reason of race, creed, color, or national origin, after an	15318
opportunity to be heard upon written charges, said lease may be	15319
terminated at the time, in the manner and with consequences	15320
therein provided. If any such lease does not contain terms to the	15321
effect provided in this division, it shall nevertheless be deemed	15322
to contain such terms which shall be implemented as determined by	15323
the governing body of the lessor.	15324

(C) Such lease may provide for rentals commencing at any time	15325
agreed upon, or advance rental, and continuing for such period	15326
therein provided, notwithstanding and without diminution, rebate,	15327
or setoff by reason of time of availability of the hospital	15328
facility for use, delays in construction, failure of completion,	15329
damage or destruction of the hospital facilities, or for any other	15330
reason.	15331

(D) Such lease may provide for the sale or transfer of title	15332
of the leased facilities pursuant to an option to purchase,	15333
lease-purchase, or installment purchase upon terms therein	15334
provided or to be determined as therein provided, which may	15335
include provision for the continued use thereof as a hospital	15336
facility for some reasonable period, taking into account efficient	15337
useful life and other factors, as is provided therein.	15338

(E) Such lease may be entered as part of or in connection	15339
with an agreement pursuant to section 140.03 of the Revised Code.	15340
Any hospital facilities which are the subject of an agreement	15341
entered into under section 140.03 of the Revised Code may be	15342
leased pursuant to this section.	15343

(F) If land acquired by a public hospital agency for a	15344
hospital facility is adjacent to an existing hospital facility	15345
owned by another hospital agency, the public hospital agency may,	15346
in connection with such acquisition or the leasing of such land	15347
and hospital facilities thereon to one or more hospital agencies,	15348
enter into an agreement with the hospital agency which owns such	15349
adjacent hospital facility for the use of common walls in the	15350
construction, operation, or maintenance of hospital facilities of	15351
the public hospital agency. For the purpose of construction,	15352
operation, or maintenance of hospital facilities, a public	15353
hospital agency may acquire by purchase, gift, lease, lease with	15354
option to purchase, lease-purchase, or installment purchase,	15355
easement deed, or other agreement, real estate and interests in	15356
real estate, including rights to use space over, under or upon	15357
real property owned by others, and support, access, common wall,	15358
and other rights in connection therewith. Any public hospital	15359
agency or other political subdivision or any public agency, board,	15360
commission, institution, body, or instrumentality may grant such	15361
real estate, interests, or rights to any hospital agency upon such	15362
terms as are agreed upon without necessity for competitive bidding	15363
or public auction.	15364

Sec. 145.01. As used in this chapter:

15365

(A) "Public employee" means:

15366

(1) Any person holding an office, not elective, under the	15367
state or any county, township, municipal corporation, park	15368
district, conservancy district, sanitary district, health	15369
district, metropolitan housing authority, state retirement board,	15370
Ohio historical society, public library, county law library, union	15371
cemetery, joint hospital, institutional commissary, state	15372
university, or board, bureau, commission, council, committee,	15373
authority, or administrative body as the same are, or have been,	15374
created by action of the general assembly or by the legislative	15375
authority of any of the units of local government named in	15376
division (A)(1) of this section, or employed and paid in whole or	15377
in part by the state or any of the authorities named in division	15378
(A)(1) of this section in any capacity not covered by section	15379
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	15380

(2) A person who is a member of the public employees	15381
retirement system and who continues to perform the same or similar	15382
duties under the direction of a contractor who has contracted to	15383
take over what before the date of the contract was a publicly	15384
operated function. The governmental unit with which the contract	15385
has been made shall be deemed the employer for the purposes of	15386
administering this chapter.	15387

(3) Any person who is an employee of a public employer,	15388
notwithstanding that the person's compensation for that employment	15389
is derived from funds of a person or entity other than the	15390
employer. Credit for such service shall be included as total	15391
service credit, provided that the employee makes the payments	15392
required by this chapter, and the employer makes the payments	15393
required by sections 145.48 and 145.51 of the Revised Code.	15394

(4) A person who elects in accordance with section 145.015 of	15395
the Revised Code to remain a contributing member of the public	15396
employees retirement system.	15397

(5) A person who is an employee of the legal rights service	15398
on September 30, 2012, and continues to be employed by the	15399
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	15400
153 of the 129th general assembly. The nonprofit entity is the	15401
employer for the purpose of this chapter.	15402

In all cases of doubt, the public employees retirement board	15403
shall determine under section 145.036, 145.037, or 145.038 of the	15404
Revised Code whether any person is a public employee, and its	15405
decision is final.	15406

(B) "Member" means any public employee, other than a public	15407
employee excluded or exempted from membership in the retirement	15408
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	15409
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	15410
retirant who becomes a member under division (C) of section 145.38	15411
of the Revised Code. "Member" also includes a disability benefit	15412
recipient.	15413

(C) "Head of the department" means the elective or appointive	15414
head of the several executive, judicial, and administrative	15415
departments, institutions, boards, and commissions of the state	15416
and local government as the same are created and defined by the	15417
laws of this state or, in case of a charter government, by that	15418
charter.	15419

(D) "Employer" or "public employer" means the state or any	15420
county, township, municipal corporation, park district,	15421
conservancy district, sanitary district, health district,	15422
metropolitan housing authority, state retirement board, Ohio	15423
historical society, public library, county law library, union	15424
cemetery, joint hospital, institutional commissary, state medical	15425
university, state university, or board, bureau, commission,	15426
council, committee, authority, or administrative body as the same	15427
are, or have been, created by action of the general assembly or by	15428
the legislative authority of any of the units of local government	15429
named in this division not covered by section 742.01, 3307.01,	15430
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	15431
means the employer of any public employee.	15432

(E) "Prior military service" also means all service credited	15433
for active duty with the armed forces of the United States as	15434
provided in section 145.30 of the Revised Code.	15435

(F) "Contributor" means any person who has an account in the	15436
employees' savings fund created by section 145.23 of the Revised	15437
Code. When used in the sections listed in division (B) of section	15438
145.82 of the Revised Code, "contributor" includes any person	15439
participating in a PERS defined contribution plan.	15440

(G) "Beneficiary" or "beneficiaries" means the estate or a	15441
person or persons who, as the result of the death of a member,	15442
contributor, or retirant, qualify for or are receiving some right	15443
or benefit under this chapter.	15444

(H)(1) "Total service credit," except as provided in section	15445
145.37 of the Revised Code, means all service credited to a member	15446
of the retirement system since last becoming a member, including	15447
restored service credit as provided by section 145.31 of the	15448
Revised Code; credit purchased under sections 145.293 and 145.299	15449
of the Revised Code; all the member's military service credit	15450
computed as provided in this chapter; all service credit	15451
established pursuant to section 145.297 of the Revised Code; and	15452
any other service credited under this chapter. For the exclusive	15453
purpose of satisfying the service credit requirement and of	15454
determining eligibility for benefits under sections 145.32,	15455
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	15456
Revised Code, "five or more years of total service credit" means	15457
sixty or more calendar months of contributing service in this	15458
system.	15459

(2) "One and one-half years of contributing service credit,"	15460
as used in division (B) of section 145.45 of the Revised Code,	15461
also means eighteen or more calendar months of employment by a	15462
municipal corporation that formerly operated its own retirement	15463
plan for its employees or a part of its employees, provided that	15464
all employees of that municipal retirement plan who have eighteen	15465
or more months of such employment, upon establishing membership in	15466
the public employees retirement system, shall make a payment of	15467
the contributions they would have paid had they been members of	15468
this system for the eighteen months of employment preceding the	15469
date membership was established. When that payment has been made	15470
by all such employee members, a corresponding payment shall be	15471
paid into the employers' accumulation fund by that municipal	15472
corporation as the employer of the employees.	15473

(3) Where a member also is a member of the state teachers	15474
retirement system or the school employees retirement system, or	15475
both, except in cases of retirement on a combined basis pursuant	15476
to section 145.37 of the Revised Code or as provided in section	15477
145.383 of the Revised Code, service credit for any period shall	15478
be credited on the basis of the ratio that contributions to the	15479
public employees retirement system bear to total contributions in	15480
all state retirement systems.	15481

(4) Not more than one year of credit may be given for any	15482
period of twelve months.	15483

(5) "Ohio service credit" means credit for service that was	15484
rendered to the state or any of its political subdivisions or any	15485
employer.	15486

(I) "Regular interest" means interest at any rates for the	15487
respective funds and accounts as the public employees retirement	15488
board may determine from time to time.	15489

(J) "Accumulated contributions" means the sum of all amounts	15490
credited to a contributor's individual account in the employees'	15491
savings fund together with any interest credited to the	15492
contributor's account under section 145.471 or 145.472 of the	15493
Revised Code.	15494

(K)(1) "Final average salary" means the greater of the	15495
following:	15496

(a) The sum of the member's earnable salaries for the	15497
appropriate number of calendar years of contributing service,	15498
determined under section 145.017 of the Revised Code, in which the	15499
member's earnable salary was highest, divided by the same number	15500
of calendar years or, if the member has fewer than the appropriate	15501
number of calendar years of contributing service, the total of the	15502
member's earnable salary for all years of contributing service	15503
divided by the number of calendar years of the member's	15504
contributing service;	15505

(b) The sum of a member's earnable salaries for the	15506
appropriate number of consecutive months, determined under section	15507
145.017 of the Revised Code, that were the member's last months of	15508
service, up to and including the last month, divided by the	15509
appropriate number of years or, if the time between the first and	15510
final months of service is less than the appropriate number of	15511
consecutive months, the total of the member's earnable salary for	15512
all months of contributing service divided by the number of years	15513
between the first and final months of contributing service,	15514
including any fraction of a year, except that the member's final	15515
average salary shall not exceed the member's highest earnable	15516
salary for any twelve consecutive months.	15517

(2) If contributions were made in only one calendar year,	15518
"final average salary" means the member's total earnable salary.	15519

(L) "Annuity" means payments for life derived from	15520
contributions made by a contributor and paid from the annuity and	15521
pension reserve fund as provided in this chapter. All annuities	15522
shall be paid in twelve equal monthly installments.	15523

(M) "Annuity reserve" means the present value, computed upon	15524
the basis of the mortality and other tables adopted by the board,	15525
of all payments to be made on account of any annuity, or benefit	15526
in lieu of any annuity, granted to a retirant as provided in this	15527
chapter.	15528

(N)(1) "Disability retirement" means retirement as provided	15529
in section 145.36 of the Revised Code.	15530

(2) "Disability allowance" means an allowance paid on account	15531
of disability under section 145.361 of the Revised Code.	15532

(3) "Disability benefit" means a benefit paid as disability	15533
retirement under section 145.36 of the Revised Code, as a	15534
disability allowance under section 145.361 of the Revised Code, or	15535
as a disability benefit under section 145.37 of the Revised Code.	15536

(4) "Disability benefit recipient" means a member who is	15537
receiving a disability benefit.	15538

(O) "Age and service retirement" means retirement as provided	15539
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	15540
and former section 145.34 of the Revised Code.	15541

(P) "Pensions" means annual payments for life derived from	15542
contributions made by the employer that at the time of retirement	15543
are credited into the annuity and pension reserve fund from the	15544
employers' accumulation fund and paid from the annuity and pension	15545
reserve fund as provided in this chapter. All pensions shall be	15546
paid in twelve equal monthly installments.	15547

(Q) "Retirement allowance" means the pension plus that	15548
portion of the benefit derived from contributions made by the	15549
member.	15550

(R)(1) Except as otherwise provided in division (R) of this	15551
section, "earnable salary" means all salary, wages, and other	15552
earnings paid to a contributor by reason of employment in a	15553
position covered by the retirement system. The salary, wages, and	15554
other earnings shall be determined prior to determination of the	15555
amount required to be contributed to the employees' savings fund	15556
under section 145.47 of the Revised Code and without regard to	15557
whether any of the salary, wages, or other earnings are treated as	15558
deferred income for federal income tax purposes. "Earnable salary"	15559
includes the following:	15560

(a) Payments made by the employer in lieu of salary, wages,	15561
or other earnings for sick leave, personal leave, or vacation used	15562
by the contributor;	15563

(b) Payments made by the employer for the conversion of sick	15564
leave, personal leave, and vacation leave accrued, but not used if	15565
the payment is made during the year in which the leave is accrued,	15566
except that payments made pursuant to section 124.383 or 124.386	15567
of the Revised Code are not earnable salary;	15568

(c) Allowances paid by the employer for maintenance,	15569
consisting of housing, laundry, and meals, as certified to the	15570
retirement board by the employer or the head of the department	15571
that employs the contributor;	15572

(d) Fees and commissions paid under section 507.09 of the	15573
Revised Code;	15574

(e) Payments that are made under a disability leave program	15575
sponsored by the employer and for which the employer is required	15576
by section 145.296 of the Revised Code to make periodic employer	15577
and employee contributions;	15578

(f) Amounts included pursuant to former division (K)(3) and	15579
former division (Y) of this section and section 145.2916 of the	15580
Revised Code.	15581

(2) "Earnable salary" does not include any of the following:

15582

(a) Fees and commissions, other than those paid under section	15583
507.09 of the Revised Code, paid as sole compensation for personal	15584
services and fees and commissions for special services over and	15585
above services for which the contributor receives a salary;	15586

(b) Amounts paid by the employer to provide life insurance,	15587
sickness, accident, endowment, health, medical, hospital, dental,	15588
or surgical coverage, or other insurance for the contributor or	15589
the contributor's family, or amounts paid by the employer to the	15590
contributor in lieu of providing the insurance;	15591

(c) Incidental benefits, including lodging, food, laundry,	15592
parking, or services furnished by the employer, or use of the	15593
employer's property or equipment, or amounts paid by the employer	15594
to the contributor in lieu of providing the incidental benefits;	15595

(d) Reimbursement for job-related expenses authorized by the	15596
employer, including moving and travel expenses and expenses	15597
related to professional development;	15598

(e) Payments for accrued but unused sick leave, personal	15599
leave, or vacation that are made at any time other than in the	15600
year in which the sick leave, personal leave, or vacation was	15601
accrued;	15602

(f) Payments made to or on behalf of a contributor that are	15603
in excess of the annual compensation that may be taken into	15604
account by the retirement system under division (a)(17) of section	15605
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	15606
U.S.C.A. 401(a)(17), as amended;	15607

(g) Payments made under division (B), (C), or (E) of section	15608
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	15609
No. 3 of the 119th general assembly, Section 3 of Amended	15610
Substitute Senate Bill No. 164 of the 124th general assembly, or	15611
Amended Substitute House Bill No. 405 of the 124th general	15612
assembly;	15613

(h) Anything of value received by the contributor that is	15614
based on or attributable to retirement or an agreement to retire,	15615
except that payments made on or before January 1, 1989, that are	15616
based on or attributable to an agreement to retire shall be	15617
included in earnable salary if both of the following apply:	15618

(i) The payments are made in accordance with contract	15619
provisions that were in effect prior to January 1, 1986;	15620

(ii) The employer pays the retirement system an amount	15621
specified by the retirement board equal to the additional	15622
liability resulting from the payments.	15623

(i) The portion of any amount included in section 145.2916 of	15624
the Revised Code that represents employer contributions.	15625

(3) The retirement board shall determine by rule whether any	15626
compensation not enumerated in division (R) of this section is	15627
earnable salary, and its decision shall be final.	15628

(S) "Pension reserve" means the present value, computed upon	15629
the basis of the mortality and other tables adopted by the board,	15630
of all payments to be made on account of any retirement allowance	15631
or benefit in lieu of any retirement allowance, granted to a	15632
member or beneficiary under this chapter.	15633

(T) "Contributing service" means both of the following:

15634

(1) All service credited to a member of the system since	15635
January 1, 1935, for which contributions are made as required by	15636
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	15637
year subsequent to 1934, credit for any service shall be allowed	15638
in accordance with section 145.016 of the Revised Code.	15639

(2) Service credit received by election of the member under	15640
section 145.814 of the Revised Code.	15641

(U) "State retirement board" means the public employees	15642
retirement board, the school employees retirement board, or the	15643
state teachers retirement board.	15644

(V) "Retirant" means any former member who retires and is	15645
receiving a monthly allowance as provided in sections 145.32,	15646
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	15647
the Revised Code.	15648

(W) "Employer contribution" means the amount paid by an	15649
employer as determined under section 145.48 of the Revised Code.	15650

(X) "Public service terminates" means the last day for which	15651
a public employee is compensated for services performed for an	15652
employer or the date of the employee's death, whichever occurs	15653
first.	15654

(Y) "Five years of service credit," for the exclusive purpose	15655
of satisfying the service credit requirements and of determining	15656
eligibility under section 145.33 or 145.332 of the Revised Code,	15657
means employment covered under this chapter or under a former	15658
retirement plan operated, recognized, or endorsed by the employer	15659
prior to coverage under this chapter or under a combination of the	15660
coverage.	15661

(Z) "Deputy sheriff" means any person who is commissioned and	15662
employed as a full-time peace officer by the sheriff of any	15663
county, and has been so employed since on or before December 31,	15664
1965; any person who is or has been commissioned and employed as a	15665
peace officer by the sheriff of any county since January 1, 1966,	15666
and who has received a certificate attesting to the person's	15667
satisfactory completion of the peace officer training school as	15668
required by section 109.77 of the Revised Code; or any person	15669
deputized by the sheriff of any county and employed pursuant to	15670
section 2301.12 of the Revised Code as a criminal bailiff or court	15671
constable who has received a certificate attesting to the person's	15672
satisfactory completion of the peace officer training school as	15673
required by section 109.77 of the Revised Code.	15674

(AA) "Township constable or police officer in a township	15675
police department or district" means any person who is	15676
commissioned and employed as a full-time peace officer pursuant to	15677
Chapter 505. or 509. of the Revised Code, who has received a	15678
certificate attesting to the person's satisfactory completion of	15679
the peace officer training school as required by section 109.77 of	15680
the Revised Code.	15681

(BB) "Drug agent" means any person who is either of the	15682
following:	15683

(1) Employed full time as a narcotics agent by a county	15684
narcotics agency created pursuant to section 307.15 of the Revised	15685
Code and has received a certificate attesting to the satisfactory	15686
completion of the peace officer training school as required by	15687
section 109.77 of the Revised Code;	15688

(2) Employed full time as an undercover drug agent as defined	15689
in section 109.79 of the Revised Code and is in compliance with	15690
section 109.77 of the Revised Code.	15691

(CC) "Department of public safety enforcement agent" means a	15692
full-time employee of the department of public safety who is	15693
designated under section 5502.14 of the Revised Code as an	15694
enforcement agent and who is in compliance with section 109.77 of	15695
the Revised Code.	15696

(DD) "Natural resources law enforcement staff officer" means	15697
a full-time employee of the department of natural resources who is	15698
designated a natural resources law enforcement staff officer under	15699
section 1501.013 of the Revised Code and is in compliance with	15700
section 109.77 of the Revised Code.	15701

(EE) "Park officer" means a full-time employee of the	15702
department of natural resources who is designated a park officer	15703
under section 1541.10 of the Revised Code and is in compliance	15704
with section 109.77 of the Revised Code.	15705

(FF) "Forest officer" means a full-time employee of the	15706
department of natural resources who is designated a forest officer	15707
under section 1503.29 of the Revised Code and is in compliance	15708
with section 109.77 of the Revised Code.	15709

(GG) "Preserve officer" means a full-time employee of the	15710
department of natural resources who is designated a preserve	15711
officer under section 1517.10 of the Revised Code and is in	15712
compliance with section 109.77 of the Revised Code.	15713

(HH) "Wildlife officer" means a full-time employee of the	15714
department of natural resources who is designated a wildlife	15715
officer under section 1531.13 of the Revised Code and is in	15716
compliance with section 109.77 of the Revised Code.	15717

(II) "State watercraft officer" means a full-time employee of	15718
the department of natural resources who is designated a state	15719
watercraft officer under section 1547.521 of the Revised Code and	15720
is in compliance with section 109.77 of the Revised Code.	15721

(JJ) "Park district police officer" means a full-time	15722
employee of a park district who is designated pursuant to section	15723
511.232 or 1545.13 of the Revised Code and is in compliance with	15724
section 109.77 of the Revised Code.	15725

(KK) "Conservancy district officer" means a full-time	15726
employee of a conservancy district who is designated pursuant to	15727
section 6101.75 of the Revised Code and is in compliance with	15728
section 109.77 of the Revised Code.	15729

(LL) "Municipal police officer" means a member of the	15730
organized police department of a municipal corporation who is	15731
employed full time, is in compliance with section 109.77 of the	15732
Revised Code, and is not a member of the Ohio police and fire	15733
pension fund.	15734

(MM) "Veterans' home police officer" means any person who is	15735
employed at a veterans' home as a police officer pursuant to	15736
section 5907.02 of the Revised Code and is in compliance with	15737
section 109.77 of the Revised Code.	15738

(NN) "Special police officer for a mental health institution"	15739
means any person who is designated as such pursuant to section	15740
~~5119.14~~5119.08 of the Revised Code and is in compliance with	15741
section 109.77 of the Revised Code.	15742

(OO) "Special police officer for an institution for the	15743
developmentally disabled" means any person who is designated as	15744
such pursuant to section 5123.13 of the Revised Code and is in	15745
compliance with section 109.77 of the Revised Code.	15746

(PP) "State university law enforcement officer" means any	15747
person who is employed full time as a state university law	15748
enforcement officer pursuant to section 3345.04 of the Revised	15749
Code and who is in compliance with section 109.77 of the Revised	15750
Code.	15751

(QQ) "House sergeant at arms" means any person appointed by	15752
the speaker of the house of representatives under division (B)(1)	15753
of section 101.311 of the Revised Code who has arrest authority	15754
under division (E)(1) of that section.	15755

(RR) "Assistant house sergeant at arms" means any person	15756
appointed by the house sergeant at arms under division (C)(1) of	15757
section 101.311 of the Revised Code.	15758

(SS) "Regional transit authority police officer" means a	15759
person who is employed full time as a regional transit authority	15760
police officer under division (Y) of section 306.35 of the Revised	15761
Code and is in compliance with section 109.77 of the Revised Code.	15762

(TT) "State highway patrol police officer" means a special	15763
police officer employed full time and designated by the	15764
superintendent of the state highway patrol pursuant to section	15765
5503.09 of the Revised Code or a person serving full time as a	15766
special police officer pursuant to that section on a permanent	15767
basis on October 21, 1997, who is in compliance with section	15768
109.77 of the Revised Code.	15769

(UU) "Municipal public safety director" means a person who	15770
serves full time as the public safety director of a municipal	15771
corporation with the duty of directing the activities of the	15772
municipal corporation's police department and fire department.	15773

(VV) Notwithstanding section 2901.01 of the Revised Code,	15774
"PERS law enforcement officer" means a sheriff or any of the	15775
following whose primary duties are to preserve the peace, protect	15776
life and property, and enforce the laws of this state: a deputy	15777
sheriff, township constable or police officer in a township police	15778
department or district, drug agent, department of public safety	15779
enforcement agent, natural resources law enforcement staff	15780
officer, park officer, forest officer, preserve officer, wildlife	15781
officer, state watercraft officer, park district police officer,	15782
conservancy district officer, veterans' home police officer,	15783
special police officer for a mental health institution, special	15784
police officer for an institution for the developmentally	15785
disabled, state university law enforcement officer, municipal	15786
police officer, house sergeant at arms, assistant house sergeant	15787
at arms, regional transit authority police officer, or state	15788
highway patrol police officer. "PERS law enforcement officer" also	15789
includes a person serving as a municipal public safety director at	15790
any time during the period from September 29, 2005, to March 24,	15791
2009, if the duties of that service were to preserve the peace,	15792
protect life and property, and enforce the laws of this state.	15793

(WW) "Hamilton county municipal court bailiff" means a person	15794
appointed by the clerk of courts of the Hamilton county municipal	15795
court under division (A)(3) of section 1901.32 of the Revised Code	15796
who is employed full time as a bailiff or deputy bailiff, who has	15797
received a certificate attesting to the person's satisfactory	15798
completion of the peace officer basic training described in	15799
division (D)(1) of section 109.77 of the Revised Code.	15800

(XX) "PERS public safety officer" means a Hamilton county	15801
municipal court bailiff, or any of the following whose primary	15802
duties are other than to preserve the peace, protect life and	15803
property, and enforce the laws of this state: a deputy sheriff,	15804
township constable or police officer in a township police	15805
department or district, drug agent, department of public safety	15806
enforcement agent, natural resources law enforcement staff	15807
officer, park officer, forest officer, preserve officer, wildlife	15808
officer, state watercraft officer, park district police officer,	15809
conservancy district officer, veterans' home police officer,	15810
special police officer for a mental health institution, special	15811
police officer for an institution for the ~~mentally retarded and~~	15812
developmentally disabled, state university law enforcement	15813
officer, municipal police officer, house sergeant at arms,	15814
assistant house sergeant at arms, regional transit authority	15815
police officer, or state highway patrol police officer. "PERS	15816
public safety officer" also includes a person serving as a	15817
municipal public safety director at any time during the period	15818
from September 29, 2005, to March 24, 2009, if the duties of that	15819
service were other than to preserve the peace, protect life and	15820
property, and enforce the laws of this state.	15821

(YY) "Fiduciary" means a person who does any of the	15822
following:	15823

(1) Exercises any discretionary authority or control with	15824
respect to the management of the system or with respect to the	15825
management or disposition of its assets;	15826

(2) Renders investment advice for a fee, direct or indirect,	15827
with respect to money or property of the system;	15828

(3) Has any discretionary authority or responsibility in the	15829
administration of the system.	15830

(ZZ) "Actuary" means an individual who satisfies all of the	15831
following requirements:	15832

(1) Is a member of the American academy of actuaries;

15833

(2) Is an associate or fellow of the society of actuaries;

15834

(3) Has a minimum of five years' experience in providing	15835
actuarial services to public retirement plans.	15836

(AAA) "PERS defined benefit plan" means the plan described in	15837
sections 145.201 to 145.79 of the Revised Code.	15838

(BBB) "PERS defined contribution plans" means the plan or	15839
plans established under section 145.81 of the Revised Code.	15840

Sec. 145.012. (A) "Public employee," as defined in division	15841
(A) of section 145.01 of the Revised Code, does not include any	15842
person:	15843

(1) Who is employed by a private, temporary-help service and	15844
performs services under the direction of a public employer or is	15845
employed on a contractual basis as an independent contractor under	15846
a personal service contract with a public employer;	15847

(2) Who is an emergency employee serving on a temporary basis	15848
in case of fire, snow, earthquake, flood, or other similar	15849
emergency;	15850

(3) Who is employed in a program established pursuant to the	15851
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	15852
1501;	15853

(4) Who is an appointed member of either the motor vehicle	15854
salvage dealers board or the motor vehicle dealer's board whose	15855
rate and method of payment are determined pursuant to division (J)	15856
of section 124.15 of the Revised Code;	15857

(5) Who is employed as an election worker and paid less than	15858
five hundred dollars per calendar year for that service;	15859

(6) Who is employed as a firefighter in a position requiring	15860
satisfactory completion of a firefighter training course approved	15861
under former section 3303.07 or section 4765.55 of the Revised	15862
Code or conducted under section 3737.33 of the Revised Code except	15863
for the following:	15864

(a) Any firefighter who has elected under section 145.013 of	15865
the Revised Code to remain a contributing member of the public	15866
employees retirement system;	15867

(b) Any firefighter who was eligible to transfer from the	15868
public employees retirement system to the Ohio police and fire	15869
pension fund under section 742.51 or 742.515 of the Revised Code	15870
and did not elect to transfer;	15871

(c) Any firefighter who has elected under section 742.516 of	15872
the Revised Code to transfer from the Ohio police and fire pension	15873
fund to the public employees retirement system.	15874

(7) Who is a member of the board of health of a city or	15875
general health district, which pursuant to sections 3709.051 and	15876
3709.07 of the Revised Code includes a combined health district,	15877
and whose compensation for attendance at meetings of the board is	15878
set forth in division (B) of section 3709.02 or division (B) of	15879
section 3709.05 of the Revised Code, as appropriate;	15880

(8) Who participates in an alternative retirement plan	15881
established under Chapter 3305. of the Revised Code;	15882

(9) Who is a member of the board of directors of a sanitary	15883
district established under Chapter 6115. of the Revised Code;	15884

(10) Who is a member of the unemployment compensation	15885
advisory council;	15886

(11) Who is an employee, officer, or governor-appointed	15887
member of the board of directors of the nonprofit corporation	15888
formed under section 187.01 of the Revised Code;	15889

(12) Who is employed by the nonprofit entity established to	15890
provide advocacy services and a client assistance program for	15891
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	15892
of the 129th general assembly and whose employment begins on or	15893
after October 1, 2012.	15894

(B) No inmate of a correctional institution operated by the	15895
department of rehabilitation and correction, no patient in a	15896
hospital for the mentally ill or criminally insane operated by the	15897
department of ~~mental health~~mental health and addiction services,	15898
no resident in an institution for the mentally retarded operated	15899
by the department of developmental disabilities, no resident	15900
admitted as a patient of a veterans' home operated under Chapter	15901
5907. of the Revised Code, and no resident of a county home shall	15902
be considered as a public employee for the purpose of establishing	15903
membership or calculating service credit or benefits under this	15904
chapter. Nothing in this division shall be construed to affect any	15905
service credit attained by any person who was a public employee	15906
before becoming an inmate, patient, or resident at any institution	15907
listed in this division, or the payment of any benefit for which	15908
such a person or such a person's beneficiaries otherwise would be	15909
eligible.	15910

Sec. 145.037. (A) As used in this section and section 145.038	15911
of the Revised Code, "business entity" means an entity with five	15912
or more employees that is a corporation, association, firm,	15913
limited liability company, partnership, sole proprietorship, or	15914
other entity engaged in business.	15915

(B)(1) Except as provided in division (B)(2) of this section,	15916
an individual who provided personal services to a public employer	15917
on or before January 7, 2013, but was not classified as a public	15918
employee may request from the public employees retirement board a	15919
determination of whether the individual should have been	15920
classified as a public employee for purposes of this chapter. The	15921
request shall be made on a form provided by the board.	15922

(2) Division (B)(1) of this section does not apply to an	15923
individual employed by a business entity under contract with a	15924
public employer to provide personal services to the employer.	15925

(C)(1) Not later than thirty days after January 7, 2013, the	15926
board shall notify each employer of the right of an individual	15927
described in division (B)(1) of this section to seek the	15928
determination described in that division. The notice shall be	15929
accompanied by copies of the form described in division (B)(1) of	15930
this section.	15931

(2) Not later than September 7, 2013, the employer shall send	15932
to each individual described in division (B)(1) of this section a	15933
copy of the form provided by the retirement system and written	15934
notice of the right to seek a determination of whether the	15935
individual should have been classified as a public employee. The	15936
notice shall be sent to the individual's last known address on	15937
record with the employer.	15938

(3) On receipt of a properly completed form, the board shall	15939
determine whether the individual should have been classified as a	15940
public employee. If the board determines that the individual is	15941
not a public employee with regard to the services in question, for	15942
the purposes of this chapter the individual shall be considered an	15943
independent contractor with regard to the services in question.	15944
The board's determination is final.	15945

(4) The board shall notify the individual and the employer of	15946
its determination. The determination shall apply to services	15947
performed before, on, or after January 7, 2013, for the same	15948
employer in the same capacity.	15949

(D) Regardless of whether an individual actually receives	15950
notice under this section, the request for a determination must be	15951
made not later than August 78, 2014, unless the individual can	15952
demonstrate to the board's satisfaction through medical records	15953
that on that date the individual was physically or mentally	15954
incapacitated and unable to request a determination.	15955

Sec. 145.22. (A) The public employees retirement board shall	15956
have prepared annually by or under the supervision of an actuary	15957
an actuarial valuation of the pension assets, liabilities, and	15958
funding requirements of the public employees retirement system as	15959
established pursuant to this chapter. The actuary shall complete	15960
the valuation in accordance with actuarial standards of practice	15961
promulgated by the actuarial standards board of the American	15962
academy of actuaries and prepare a report of the valuation. The	15963
report shall include all of the following:	15964

(1) A summary of the benefit provisions evaluated;

15965

(2) A summary of the census data and financial information	15966
used in the valuation;	15967

(3) A description of the actuarial assumptions, actuarial	15968
cost method, and asset valuation method used in the valuation,	15969
including a statement of the assumed rate of payroll growth and	15970
assumed rate of growth or decline in the number of members	15971
contributing to the retirement system;	15972

(4) A summary of findings that includes a statement of the	15973
actuarial accrued pension liabilities and unfunded actuarial	15974
accrued pension liabilities;	15975

(5) A schedule showing the effect of any changes in the	15976
benefit provisions, actuarial assumptions, or cost methods since	15977
the last annual actuarial valuation;	15978

(6) A statement of whether contributions to the retirement	15979
system are expected to be sufficient to satisfy the funding	15980
objectives established by the board.	15981

The board shall submit the report to the Ohio retirement	15982
study council, the director of budget and management, and the	15983
standing committees of the house of representatives and the senate	15984
with primary responsibility for retirement legislation immediately	15985
upon its availability and not later than the first day of	15986
September following the year for which the valuation was made.	15987

(B) At such time as the public employees retirement board	15988
determines, and at least once in each five-year period, the board	15989
shall have prepared by or under the supervision of an actuary an	15990
actuarial investigation of the mortality, service, and other	15991
experience of the members, retirants, contributors, and	15992
beneficiaries of the system to update the actuarial assumptions	15993
used in the actuarial valuation required by division (A) of this	15994
section. The actuary shall prepare a report of the actuarial	15995
investigation. The report shall be prepared and any recommended	15996
changes in actuarial assumptions shall be made in accordance with	15997
the actuarial standards of practice promulgated by the actuarial	15998
standards board of the American academy of actuaries. The report	15999
shall include all of the following:	16000

(1) A summary of relevant decrement and economic assumption	16001
experience observed over the period of the investigation;	16002

(2) Recommended changes in actuarial assumptions to be used	16003
in subsequent actuarial valuations required by division (A) of	16004
this section;	16005

(3) A measurement of the financial effect of the recommended	16006
changes in actuarial assumptions.	16007

The board shall submit the report to the Ohio retirement	16008
study council and the standing committees of the house of	16009
representatives and the senate with primary responsibility for	16010
retirement legislation not later than the first day of November	16011
following the last fiscal year of the period the report covers.	16012

(C) The board may at any time request the actuary to make any	16013
studies or actuarial valuations to determine the adequacy of the	16014
contribution rate determined under section 145.48 of the Revised	16015
Code, and those rates may be adjusted by the board, as recommended	16016
by the actuary, effective as of the first of any year thereafter.	16017

(D) The board shall have prepared by or under the supervision	16018
of an actuary an actuarial analysis of any introduced legislation	16019
expected to have a measurable financial impact on the retirement	16020
system. The actuarial analysis shall be completed in accordance	16021
with the actuarial standards of practice promulgated by the	16022
actuarial standards board of the American academy of actuaries.	16023
The actuary shall prepare a report of the actuarial analysis,	16024
which shall include all of the following:	16025

(1) A summary of the statutory changes that are being	16026
evaluated;	16027

(2) A description of or reference to the actuarial	16028
assumptions and actuarial cost method used in the report;	16029

(3) A description of the participant group or groups included	16030
in the report;	16031

(4) A statement of the financial impact of the legislation,	16032
including the resulting increase, if any, in the employer normal	16033
cost percentage; the increase, if any, in actuarial accrued	16034
liabilities; and the per cent of payroll that would be required to	16035
amortize the increase in actuarial accrued liabilities as a level	16036
per cent of covered payroll for all active members over a period	16037
not to exceed thirty years;	16038

(5) A statement of whether the scheduled contributions to the	16039
system after the proposed change is enacted are expected to be	16040
sufficient to satisfy the funding objectives established by the	16041
board.	16042

Not later than sixty days from the date of introduction of	16043
the legislation, the board shall submit a copy of the actuarial	16044
analysis to the legislative service commission, the standing	16045
committees of the house of representatives and the senate with	16046
primary responsibility for retirement legislation, and the Ohio	16047
retirement study council.	16048

(E) The board shall have prepared annually a report giving a	16049
full accounting of the revenues and costs relating to the	16050
provision of benefits under sections 145.58 and 145.584 of the	16051
Revised Code. The report shall be made as of December 31, 1997,	16052
and the thirty-first day of December of each year thereafter. The	16053
report shall include the following:	16054

(1) A description of the statutory authority for the benefits	16055
provided;	16056

(2) A summary of the benefits;

16057

(3) A summary of the eligibility requirements for the	16058
benefits;	16059

(4) A statement of the number of participants eligible for	16060
the benefits;	16061

(5) A description of the accounting, asset valuation, and	16062
funding method used to provide the benefits;	16063

(6) A statement of the net assets available for the provision	16064
of the benefits as of the last day of the fiscal year;	16065

(7) A statement of any changes in the net assets available	16066
for the provision of benefits, including participant and employer	16067
contributions, net investment income, administrative expenses, and	16068
benefits provided to participants, as of the last day of the	16069
fiscal year;	16070

(8) For the last six consecutive fiscal years, a schedule of	16071
the net assets available for the benefits, the annual cost of	16072
benefits, administrative expenses incurred, and annual employer	16073
contributions allocated for the provision of benefits;	16074

(9) A description of any significant changes that affect the	16075
comparability of the report required under this division;	16076

(10) A statement of the amount paid under division (C) of	16077
section 145.58 of the Revised Code.	16078

The board shall submit the report to the Ohio retirement	16079
study council, the director of budget and management, and the	16080
standing committees of the house of representatives and the senate	16081
with primary responsibility for retirement legislation immediately	16082
upon its availability and not later than the thirtieth day of June	16083
following the year for which the report was made.	16084

Sec. 149.01. Each elective state officer, the adjutant	16085
general, the adult parole authority, the department of	16086
agriculture, the director of administrative services, the public	16087
utilities commission, the superintendent of insurance, the	16088
superintendent of financial institutions, the superintendent of	16089
purchases and printing, the fire marshal, the industrial	16090
commission, the administrator of workers' compensation, the state	16091
department of transportation, the department of health, the state	16092
medical board, the state dental board, the board of embalmers and	16093
funeral directors, the Ohio commission for the blind, the	16094
accountancy board of Ohio, the state council of uniform state	16095
laws, the board of commissioners of the sinking fund, the	16096
department of taxation, the board of tax appeals, the division of	16097
liquor control, the director of state armories, the trustees of	16098
the Ohio state university, and every private or quasi-public	16099
institution, association, board, or corporation receiving state	16100
money for its use and purpose shall make annually, at the end of	16101
each fiscal year, in quadruplicate, a report of the transactions	16102
and proceedings of that office or department for that fiscal year,	16103
excepting receipts and disbursements unless otherwise specifically	16104
required by law. The report shall contain a summary of the	16105
official acts of the officer, board, council, commission,	16106
institution, association, or corporation and any suggestions and	16107
recommendations that are proper. ~~On the first day of August of~~	16108
~~each year, one~~	16109

One of the reports shall be filed with the governor, one with	16110
the secretary of state, and one with the state library, and one	16111
shall be kept on file in the office of the officer, board,	16112
council, commission, institution, association, or corporation. The	16113
reports shall be so filed by the first day of August, except that	16114
the report of the treasurer of state shall be so filed by the	16115
thirty-first day of December.	16116

Sec. 149.12. The state library board shall forward, free of	16117
charge, in a paper or electronic format, one copy of each	16118
legislative bulletin, daily house and senate journal, pamphlet law	16119
as described in section 149.09 of the Revised Code, and summary of	16120
enactments published by the legislative service commission, to the	16121
following libraries:	16122

(A) Each library within the state that has been designated by	16123
the state library board under section 149.11 of the Revised Code	16124
as a depository for state publications;	16125

(B) In each county containing no library described in	16126
division (A) of this section, to a public library designated by	16127
the state library board to receive the journals, bulletins, and	16128
summaries described in this section. The state library board shall	16129
designate libraries that can best preserve the publications and	16130
are so located geographically that they can make the publications	16131
conveniently accessible to the residents of the county.	16132

The state library board shall forward the daily house and	16133
senate journals once every week while the general assembly is in	16134
session and the legislative bulletin, each pamphlet law, and the	16135
summary of enactments as they are published.	16136

Each library receiving publications under this section or	16137
under section 149.09 of the Revised Code shall make these	16138
publications accessible to the public.	16139

Sec. 149.307. There is hereby created in the state treasury	16140
the Ohio history license plate contribution fund. The fund shall	16141
consist of the contributions that are paid to the registrar of	16142
motor vehicles by applicants who choose to obtain "Ohio history"	16143
license plates pursuant to section 4503.95 of the Revised Code.	16144

The contributions deposited in the fund shall be used by the	16145
Ohio historical society to provide grants to historical	16146
organizations located in this state. An organization that receives	16147
a grant under this section shall use the grant only to host	16148
exhibits and increase access to its collection by the public.	16149

The society shall establish and administer all aspects of the	16150
grant program, including eligibility requirements for receiving a	16151
grant under the program.	16152

Not later than the last business day of January of each year,	16153
the society shall prepare and submit to the general assembly a	16154
written report, detailing all aspects of the grant program during	16155
the immediately preceding calendar year.	16156

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

16157

(1) "Historic building" means a building, including its	16158
structural components, that is located in this state and that is	16159
either individually listed on the national register of historic	16160
places under 16 U.S.C. 470a, located in a registered historic	16161
district, and certified by the state historic preservation officer	16162
as being of historic significance to the district, or is	16163
individually listed as an historic landmark designated by a local	16164
government certified under 16 U.S.C. 470a(c).	16165

(2) "Qualified rehabilitation expenditures" means	16166
expenditures paid or incurred during the rehabilitation period,	16167
and before and after that period as determined under 26 U.S.C. 47,	16168
by an owner or qualified lessee of an historic building to	16169
rehabilitate the building. "Qualified rehabilitation expenditures"	16170
includes architectural or engineering fees paid or incurred in	16171
connection with the rehabilitation, and expenses incurred in the	16172
preparation of nomination forms for listing on the national	16173
register of historic places. "Qualified rehabilitation	16174
expenditures" does not include any of the following:	16175

(a) The cost of acquiring, expanding, or enlarging an	16176
historic building;	16177

(b) Expenditures attributable to work done to facilities	16178
related to the building, such as parking lots, sidewalks, and	16179
landscaping;	16180

16181

(3) "Owner" of an historic building means a person holding	16182
the fee simple interest in the building. "Owner" does not include	16183
the state or a state agency, or any political subdivision as	16184
defined in section 9.23 of the Revised Code.	16185

(4) "Qualified lessee" means a person subject to a lease	16186
agreement for aan historic building and eligible for the federal	16187
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	16188
does not include the state or a state agency or political	16189
subdivision as defined in section 9.23 of the Revised Code.	16190

(5) "Certificate owner" means the owner or qualified lessee	16191
of an historic building to which a rehabilitation tax credit	16192
certificate was issued under this section.	16193

(6) "Registered historic district" means an historic district	16194
listed in the national register of historic places under 16 U.S.C.	16195
470a, an historic district designated by a local government	16196
certified under 16 U.S.C. 470a(c), or a local historic district	16197
certified under 36 C.F.R. 67.8 and 67.9.	16198

(7) "Rehabilitation" means the process of repairing or	16199
altering an historic building or buildings, making possible an	16200
efficient use while preserving those portions and features of the	16201
building and its site and environment that are significant to its	16202
historic, architectural, and cultural values.	16203

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

16204

(a) If the rehabilitation initially was not planned to be	16205
completed in stages, a period chosen by the owner or qualified	16206
lessee not to exceed twenty-four months during which	16207
rehabilitation occurs;	16208

(b) If the rehabilitation initially was planned to be	16209
completed in stages, a period chosen by the owner or qualified	16210
lessee not to exceed sixty months during which rehabilitation	16211
occurs. Each stage shall be reviewed as a phase of a	16212
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	16213
successor to that section.	16214

(9) "State historic preservation officer" or "officer" means	16215
the state historic preservation officer appointed by the governor	16216
under 16 U.S.C. 470a.	16217

(B) The owner or qualified lessee of an historic building may	16218
apply to the director of development services for a rehabilitation	16219
tax credit certificate for qualified rehabilitation expenditures	16220
paid or incurred by such owner or qualified lessee after April 4,	16221
2007, for rehabilitation of an historic building. If the owner of	16222
aan historic building enters a pass-through agreement with a	16223
qualified lessee for the purposes of the federal rehabilitation	16224
tax credit under 26 U.S.C. 47, the qualified rehabilitation	16225
expenditures paid or incurred by the owner after April 4, 2007,	16226
~~shall~~may be attributed to the qualified lessee.	16227

The form and manner of filing such applications shall be	16228
prescribed by rule of the director. Each application shall state	16229
the amount of qualified rehabilitation expenditures the applicant	16230
estimates will be paid or incurred. The director may require	16231
applicants to furnish documentation of such estimates.	16232

The director, after consultation with the tax commissioner	16233
and in accordance with Chapter 119. of the Revised Code, shall	16234
adopt rules that establish all of the following:	16235

(1) Forms and procedures by which applicants may apply for	16236
rehabilitation tax credit certificates;	16237

(2) Criteria for reviewing, evaluating, and approving	16238
applications for certificates within the limitations under	16239
division (D) of this section, criteria for assuring that the	16240
certificates issued encompass a mixture of high and low qualified	16241
rehabilitation expenditures, and criteria for issuing certificates	16242
under division (C)(3)(b) of this section;	16243

(3) Eligibility requirements for obtaining a certificate	16244
under this section;	16245

(4) The form of rehabilitation tax credit certificates;

16246

(5) Reporting requirements and monitoring procedures;

16247

(6) Procedures and criteria for conducting cost-benefit	16248
analyses of historic buildings that are the subjects of	16249
applications filed under this section. The purpose of a	16250
cost-benefit analysis shall be to determine whether rehabilitation	16251
of the historic building will result in a net revenue gain in	16252
state and local taxes once the building is used.	16253

(7) Any other rules necessary to implement and administer	16254
this section.	16255

(C) The director of development services shall review the	16256
applications with the assistance of the state historic	16257
preservation officer and determine whether all of the following	16258
criteria are met:	16259

(1) That the building that is the subject of the application	16260
is an historic building and the applicant is the owner or	16261
qualified lessee of the building;	16262

(2) That the rehabilitation will satisfy standards prescribed	16263
by the United States secretary of the interior under 16 U.S.C.	16264
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	16265
that section;	16266

(3) That receiving a rehabilitation tax credit certificate	16267
under this section is a major factor in:	16268

(a) The applicant's decision to rehabilitate the historic	16269
building; or	16270

(b) To increase the level of investment in such	16271
rehabilitation.	16272

An applicant shall demonstrate to the satisfaction of the	16273
state historic preservation officer and director of development	16274
services that the rehabilitation will satisfy the standards	16275
described in division (C)(2) of this section before the applicant	16276
begins the physical rehabilitation of the historic building.	16277

(D)(1) If the director of development services determines	16278
that an application meets the criteria in divisions (C)(1), (2),	16279
and (3) of this section, the director shall conduct a cost-benefit	16280
analysis for the historic building that is the subject of the	16281
application to determine whether rehabilitation of the historic	16282
building will result in a net revenue gain in state and local	16283
taxes once the building is used. The director shall consider the	16284
results of the cost-benefit analysis in determining whether to	16285
approve the application. The director shall also consider the	16286
potential economic impact and the regional distributive balance of	16287
the credits throughout the state. The director may approve an	16288
application only after completion of the cost-benefit analysis.	16289

(2) A rehabilitation tax credit certificate shall not be	16290
issued for an amount greater than the estimated amount furnished	16291
by the applicant on the application for such certificate and	16292
approved by the director. The director shall not approve more than	16293
a total of sixty million dollars of rehabilitation tax credits per	16294
fiscal year but the director may reallocate unused tax credits	16295
from a prior fiscal year for new applicants and such reallocated	16296
credits shall not apply toward the dollar limit of this division.	16297

(3) For rehabilitations with a rehabilitation period not	16298
exceeding twenty-four months as provided in division (A)(7)(a) of	16299
this section, a rehabilitation tax credit certificate shall not be	16300
issued before the rehabilitation of the historic building is	16301
completed.	16302

(4) For rehabilitations with a rehabilitation period not	16303
exceeding sixty months as provided in division (A)(7)(b) of this	16304
section, a rehabilitation tax credit certificate shall not be	16305
issued before a stage of rehabilitation is completed. After all	16306
stages of rehabilitation are completed, if the director cannot	16307
determine that the criteria in division (C) of this section are	16308
satisfied for all stages of rehabilitations, the director shall	16309
certify this finding to the tax commissioner, and any	16310
rehabilitation tax credits received by the applicant shall be	16311
repaid by the applicant and may be collected by assessment as	16312
unpaid tax by the commissioner.	16313

(5) The director of development services shall require the	16314
applicant to provide a third-party cost certification by a	16315
certified public accountant of the actual costs attributed to the	16316
rehabilitation of the historic building when qualified	16317
rehabilitation expenditures exceed two hundred thousand dollars.	16318

If an applicant whose application is approved for receipt of	16319
a rehabilitation tax credit certificate fails to provide to the	16320
director sufficient evidence of reviewable progress, including a	16321
viable financial plan, copies of final construction drawings, and	16322
evidence that the applicant has obtained all historic approvals	16323
within twelve months after the date the applicant received	16324
notification of approval, and if the applicant fails to provide	16325
evidence to the director that the applicant has secured and closed	16326
on financing for the rehabilitation within eighteen months after	16327
receiving notification of approval, the director may rescind the	16328
approval of the application. The director shall notify the	16329
applicant if the approval has been rescinded. Credits that would	16330
have been available to an applicant whose approval was rescinded	16331
shall be available for other qualified applicants. Nothing in this	16332
division prohibits an applicant whose approval has been rescinded	16333
from submitting a new application for a rehabilitation tax credit	16334
certificate.	16335

(E) Issuance of a certificate represents a finding by the	16336
director of development services of the matters described in	16337
divisions (C)(1), (2), and (3) of this section only; issuance of a	16338
certificate does not represent a verification or certification by	16339
the director of the amount of qualified rehabilitation	16340
expenditures for which a tax credit may be claimed under section	16341
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76, or	16342
5751.55 of the Revised Code. The amount of qualified	16343
rehabilitation expenditures for which a tax credit may be claimed	16344
is subject to inspection and examination by the tax commissioner	16345
or employees of the commissioner under section 5703.19 of the	16346
Revised Code and any other applicable law. Upon the issuance of a	16347
certificate, the director shall certify to the tax commissioner,	16348
in the form and manner requested by the tax commissioner, the name	16349
of the applicant, the amount of qualified rehabilitation	16350
expenditures shown on the certificate, and any other information	16351
required by the rules adopted under this section.	16352

(F)(1) On or before the first day of April each year, the	16353
director of development services and tax commissioner jointly	16354
shall submit to the president of the senate and the speaker of the	16355
house of representatives a report on the tax credit program	16356
established under this section and sections 5725.151, 5725.34,	16357
5726.52, 5729.17, 5733.47, ~~and~~ 5747.76, and 5751.55 of the Revised	16358
Code. The report shall present an overview of the program and	16359
shall include information on the number of rehabilitation tax	16360
credit certificates issued under this section during the preceding	16361
fiscal year, an update on the status of each historic building for	16362
which an application was approved under this section, the dollar	16363
amount of the tax credits granted under sections 5725.151,	16364
5725.34, 5726.52, 5729.17, 5733.47, ~~and~~ 5747.76, and 5751.55 of	16365
the Revised Code, and any other information the director and	16366
commissioner consider relevant to the topics addressed in the	16367
report.	16368

(2) On or before December 1, 2015, the director of	16369
development services and tax commissioner jointly shall submit to	16370
the president of the senate and the speaker of the house of	16371
representatives a comprehensive report that includes the	16372
information required by division (F)(1) of this section and a	16373
detailed analysis of the effectiveness of issuing tax credits for	16374
rehabilitating historic buildings. The report shall be prepared	16375
with the assistance of an economic research organization jointly	16376
chosen by the director and commissioner.	16377

(G) There is hereby created in the state treasury the	16378
historic rehabilitation tax credit operating fund. The director of	16379
development services is authorized to charge reasonable	16380
application and other fees in connection with the administration	16381
of tax credits authorized by this section and sections 5725.151,	16382
5725.34, 5726.52, 5729.17, 5733.44, ~~and~~ 5747.76, and 5751.55 of	16383
the Revised Code. Any such fees collected shall be credited to the	16384
fund and used to pay reasonable costs incurred by the department	16385
of development services in administering this section and sections	16386
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, ~~and~~ 5747.76, and	16387
5751.55 of the Revised Code.	16388

The Ohio historic preservation office is authorized to charge	16389
reasonable fees in connection with its review and approval of	16390
applications under this section. Any such fees collected shall be	16391
credited to the fund and used to pay administrative costs incurred	16392
by the Ohio historic preservation office pursuant to this section.	16393

Sec. 149.43. (A) As used in this section:

16394

(1) "Public record" means records kept by any public office,	16395
including, but not limited to, state, county, city, village,	16396
township, and school district units, and records pertaining to the	16397
delivery of educational services by an alternative school in this	16398
state kept by the nonprofit or for-profit entity operating the	16399
alternative school pursuant to section 3313.533 of the Revised	16400
Code. "Public record" does not mean any of the following:	16401

(a) Medical records;

16402

(b) Records pertaining to probation and parole proceedings or	16403
to proceedings related to the imposition of community control	16404
sanctions and post-release control sanctions;	16405

(c) Records pertaining to actions under section 2151.85 and	16406
division (C) of section 2919.121 of the Revised Code and to	16407
appeals of actions arising under those sections;	16408

(d) Records pertaining to adoption proceedings, including the	16409
contents of an adoption file maintained by the department of	16410
health under section 3705.12 of the Revised Code;	16411

(e) Information in a record contained in the putative father	16412
registry established by section 3107.062 of the Revised Code,	16413
regardless of whether the information is held by the department of	16414
job and family services or, pursuant to section 3111.69 of the	16415
Revised Code, the office of child support in the department or a	16416
child support enforcement agency;	16417

(f) Records listed in division (A) of section 3107.42 of the	16418
Revised Code or specified in division (A) of section 3107.52 of	16419
the Revised Code;	16420

(g) Trial preparation records;

16421

(h) Confidential law enforcement investigatory records;

16422

(i) Records containing information that is confidential under	16423
section 2710.03 or 4112.05 of the Revised Code;	16424

(j) DNA records stored in the DNA database pursuant to	16425
section 109.573 of the Revised Code;	16426

(k) Inmate records released by the department of	16427
rehabilitation and correction to the department of youth services	16428
or a court of record pursuant to division (E) of section 5120.21	16429
of the Revised Code;	16430

(l) Records maintained by the department of youth services	16431
pertaining to children in its custody released by the department	16432
of youth services to the department of rehabilitation and	16433
correction pursuant to section 5139.05 of the Revised Code;	16434

(m) Intellectual property records;

16435

(n) Donor profile records;

16436

(o) Records maintained by the department of job and family	16437
services pursuant to section 3121.894 of the Revised Code;	16438

(p) Peace officer, parole officer, probation officer,	16439
bailiff, prosecuting attorney, assistant prosecuting attorney,	16440
correctional employee, community-based correctional facility	16441
employee, youth services employee, firefighter, EMT, or	16442
investigator of the bureau of criminal identification and	16443
investigation residential and familial information;	16444

(q) In the case of a county hospital operated pursuant to	16445
Chapter 339. of the Revised Code or a municipal hospital operated	16446
pursuant to Chapter 749. of the Revised Code, information that	16447
constitutes a trade secret, as defined in section 1333.61 of the	16448
Revised Code;	16449

(r) Information pertaining to the recreational activities of	16450
a person under the age of eighteen;	16451

(s) Records provided to, statements made by review board	16452
members during meetings of, and all work products of a child	16453
fatality review board acting under sections 307.621 to 307.629 of	16454
the Revised Code, and child fatality review data submitted by the	16455
child fatality review board to the department of health or a	16456
national child death review database, other than the report	16457
prepared pursuant to division (A) of section 307.626 of the	16458
Revised Code;	16459

(t) Records provided to and statements made by the executive	16460
director of a public children services agency or a prosecuting	16461
attorney acting pursuant to section 5153.171 of the Revised Code	16462
other than the information released under that section;	16463

(u) Test materials, examinations, or evaluation tools used in	16464
an examination for licensure as a nursing home administrator that	16465
the board of ~~examiners~~executives of ~~nursing home administrators~~	16466
long-term services and supports administers under section 4751.04	16467
of the Revised Code or contracts under that section with a private	16468
or government entity to administer;	16469

(v) Records the release of which is prohibited by state or	16470
federal law;	16471

(w) Proprietary information of or relating to any person that	16472
is submitted to or compiled by the Ohio venture capital authority	16473
created under section 150.01 of the Revised Code;	16474

(x) ~~Information reported and evaluations conducted pursuant~~	16475
~~to section 3701.072 of the Revised Code;~~	16476

~~(y)~~ Financial statements and data any person submits for any	16477
purpose to the Ohio housing finance agency or the controlling	16478
board in connection with applying for, receiving, or accounting	16479
for financial assistance from the agency, and information that	16480
identifies any individual who benefits directly or indirectly from	16481
financial assistance from the agency;	16482

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

16483

~~(aa)~~(z) Discharges recorded with a county recorder under	16484
section 317.24 of the Revised Code, as specified in division	16485
(B)(2) of that section;	16486

~~(bb)~~(aa) Usage information including names and addresses of	16487
specific residential and commercial customers of a municipally	16488
owned or operated public utility;	16489

~~(cc)~~(bb) Records described in division (C) of section 187.04	16490
of the Revised Code that are not designated to be made available	16491
to the public as provided in that division.	16492

(2) "Confidential law enforcement investigatory record" means	16493
any record that pertains to a law enforcement matter of a	16494
criminal, quasi-criminal, civil, or administrative nature, but	16495
only to the extent that the release of the record would create a	16496
high probability of disclosure of any of the following:	16497

(a) The identity of a suspect who has not been charged with	16498
the offense to which the record pertains, or of an information	16499
source or witness to whom confidentiality has been reasonably	16500
promised;	16501

(b) Information provided by an information source or witness	16502
to whom confidentiality has been reasonably promised, which	16503
information would reasonably tend to disclose the source's or	16504
witness's identity;	16505

(c) Specific confidential investigatory techniques or	16506
procedures or specific investigatory work product;	16507

(d) Information that would endanger the life or physical	16508
safety of law enforcement personnel, a crime victim, a witness, or	16509
a confidential information source.	16510

(3) "Medical record" means any document or combination of	16511
documents, except births, deaths, and the fact of admission to or	16512
discharge from a hospital, that pertains to the medical history,	16513
diagnosis, prognosis, or medical condition of a patient and that	16514
is generated and maintained in the process of medical treatment.	16515

(4) "Trial preparation record" means any record that contains	16516
information that is specifically compiled in reasonable	16517
anticipation of, or in defense of, a civil or criminal action or	16518
proceeding, including the independent thought processes and	16519
personal trial preparation of an attorney.	16520

(5) "Intellectual property record" means a record, other than	16521
a financial or administrative record, that is produced or	16522
collected by or for faculty or staff of a state institution of	16523
higher learning in the conduct of or as a result of study or	16524
research on an educational, commercial, scientific, artistic,	16525
technical, or scholarly issue, regardless of whether the study or	16526
research was sponsored by the institution alone or in conjunction	16527
with a governmental body or private concern, and that has not been	16528
publicly released, published, or patented.	16529

(6) "Donor profile record" means all records about donors or	16530
potential donors to a public institution of higher education	16531
except the names and reported addresses of the actual donors and	16532
the date, amount, and conditions of the actual donation.	16533

(7) "Peace officer, parole officer, probation officer,	16534
bailiff, prosecuting attorney, assistant prosecuting attorney,	16535
correctional employee, community-based correctional facility	16536
employee, youth services employee, firefighter, EMT, or	16537
investigator of the bureau of criminal identification and	16538
investigation residential and familial information" means any	16539
information that discloses any of the following about a peace	16540
officer, parole officer, probation officer, bailiff, prosecuting	16541
attorney, assistant prosecuting attorney, correctional employee,	16542
community-based correctional facility employee, youth services	16543
employee, firefighter, EMT, or investigator of the bureau of	16544
criminal identification and investigation:	16545

(a) The address of the actual personal residence of a peace	16546
officer, parole officer, probation officer, bailiff, assistant	16547
prosecuting attorney, correctional employee, community-based	16548
correctional facility employee, youth services employee,	16549
firefighter, EMT, or an investigator of the bureau of criminal	16550
identification and investigation, except for the state or	16551
political subdivision in which the peace officer, parole officer,	16552
probation officer, bailiff, assistant prosecuting attorney,	16553
correctional employee, community-based correctional facility	16554
employee, youth services employee, firefighter, EMT, or	16555
investigator of the bureau of criminal identification and	16556
investigation resides;	16557

(b) Information compiled from referral to or participation in	16558
an employee assistance program;	16559

(c) The social security number, the residential telephone	16560
number, any bank account, debit card, charge card, or credit card	16561
number, or the emergency telephone number of, or any medical	16562
information pertaining to, a peace officer, parole officer,	16563
probation officer, bailiff, prosecuting attorney, assistant	16564
prosecuting attorney, correctional employee, community-based	16565
correctional facility employee, youth services employee,	16566
firefighter, EMT, or investigator of the bureau of criminal	16567
identification and investigation;	16568

(d) The name of any beneficiary of employment benefits,	16569
including, but not limited to, life insurance benefits, provided	16570
to a peace officer, parole officer, probation officer, bailiff,	16571
prosecuting attorney, assistant prosecuting attorney, correctional	16572
employee, community-based correctional facility employee, youth	16573
services employee, firefighter, EMT, or investigator of the bureau	16574
of criminal identification and investigation by the peace	16575
officer's, parole officer's, probation officer's, bailiff's,	16576
prosecuting attorney's, assistant prosecuting attorney's,	16577
correctional employee's, community-based correctional facility	16578
employee's, youth services employee's, firefighter's, EMT's, or	16579
investigator of the bureau of criminal identification and	16580
investigation's employer;	16581

(e) The identity and amount of any charitable or employment	16582
benefit deduction made by the peace officer's, parole officer's,	16583
probation officer's, bailiff's, prosecuting attorney's, assistant	16584
prosecuting attorney's, correctional employee's, community-based	16585
correctional facility employee's, youth services employee's,	16586
firefighter's, EMT's, or investigator of the bureau of criminal	16587
identification and investigation's employer from the peace	16588
officer's, parole officer's, probation officer's, bailiff's,	16589
prosecuting attorney's, assistant prosecuting attorney's,	16590
correctional employee's, community-based correctional facility	16591
employee's, youth services employee's, firefighter's, EMT's, or	16592
investigator of the bureau of criminal identification and	16593
investigation's compensation unless the amount of the deduction is	16594
required by state or federal law;	16595

(f) The name, the residential address, the name of the	16596
employer, the address of the employer, the social security number,	16597
the residential telephone number, any bank account, debit card,	16598
charge card, or credit card number, or the emergency telephone	16599
number of the spouse, a former spouse, or any child of a peace	16600
officer, parole officer, probation officer, bailiff, prosecuting	16601
attorney, assistant prosecuting attorney, correctional employee,	16602
community-based correctional facility employee, youth services	16603
employee, firefighter, EMT, or investigator of the bureau of	16604
criminal identification and investigation;	16605

(g) A photograph of a peace officer who holds a position or	16606
has an assignment that may include undercover or plain clothes	16607
positions or assignments as determined by the peace officer's	16608
appointing authority.	16609

As used in divisions (A)(7) and (B)(9) of this section,	16610
"peace officer" has the same meaning as in section 109.71 of the	16611
Revised Code and also includes the superintendent and troopers of	16612
the state highway patrol; it does not include the sheriff of a	16613
county or a supervisory employee who, in the absence of the	16614
sheriff, is authorized to stand in for, exercise the authority of,	16615
and perform the duties of the sheriff.	16616

As used in divisions (A)(7) and (B)(5) of this section,	16617
"correctional employee" means any employee of the department of	16618
rehabilitation and correction who in the course of performing the	16619
employee's job duties has or has had contact with inmates and	16620
persons under supervision.	16621

As used in divisions (A)(7) and (B)(5) of this section,	16622
"youth services employee" means any employee of the department of	16623
youth services who in the course of performing the employee's job	16624
duties has or has had contact with children committed to the	16625
custody of the department of youth services.	16626

As used in divisions (A)(7) and (B)(9) of this section,	16627
"firefighter" means any regular, paid or volunteer, member of a	16628
lawfully constituted fire department of a municipal corporation,	16629
township, fire district, or village.	16630

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	16631
means EMTs-basic, EMTs-I, and paramedics that provide emergency	16632
medical services for a public emergency medical service	16633
organization. "Emergency medical service organization,"	16634
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	16635
section 4765.01 of the Revised Code.	16636

As used in divisions (A)(7) and (B)(9) of this section,	16637
"investigator of the bureau of criminal identification and	16638
investigation" has the meaning defined in section 2903.11 of the	16639
Revised Code.	16640

(8) "Information pertaining to the recreational activities of	16641
a person under the age of eighteen" means information that is kept	16642
in the ordinary course of business by a public office, that	16643
pertains to the recreational activities of a person under the age	16644
of eighteen years, and that discloses any of the following:	16645

(a) The address or telephone number of a person under the age	16646
of eighteen or the address or telephone number of that person's	16647
parent, guardian, custodian, or emergency contact person;	16648

(b) The social security number, birth date, or photographic	16649
image of a person under the age of eighteen;	16650

(c) Any medical record, history, or information pertaining to	16651
a person under the age of eighteen;	16652

(d) Any additional information sought or required about a	16653
person under the age of eighteen for the purpose of allowing that	16654
person to participate in any recreational activity conducted or	16655
sponsored by a public office or to use or obtain admission	16656
privileges to any recreational facility owned or operated by a	16657
public office.	16658

(9) "Community control sanction" has the same meaning as in	16659
section 2929.01 of the Revised Code.	16660

(10) "Post-release control sanction" has the same meaning as	16661
in section 2967.01 of the Revised Code.	16662

(11) "Redaction" means obscuring or deleting any information	16663
that is exempt from the duty to permit public inspection or	16664
copying from an item that otherwise meets the definition of a	16665
"record" in section 149.011 of the Revised Code.	16666

(12) "Designee" and "elected official" have the same meanings	16667
as in section 109.43 of the Revised Code.	16668

(B)(1) Upon request and subject to division (B)(8) of this	16669
section, all public records responsive to the request shall be	16670
promptly prepared and made available for inspection to any person	16671
at all reasonable times during regular business hours. Subject to	16672
division (B)(8) of this section, upon request, a public office or	16673
person responsible for public records shall make copies of the	16674
requested public record available at cost and within a reasonable	16675
period of time. If a public record contains information that is	16676
exempt from the duty to permit public inspection or to copy the	16677
public record, the public office or the person responsible for the	16678
public record shall make available all of the information within	16679
the public record that is not exempt. When making that public	16680
record available for public inspection or copying that public	16681
record, the public office or the person responsible for the public	16682
record shall notify the requester of any redaction or make the	16683
redaction plainly visible. A redaction shall be deemed a denial of	16684
a request to inspect or copy the redacted information, except if	16685
federal or state law authorizes or requires a public office to	16686
make the redaction.	16687

(2) To facilitate broader access to public records, a public	16688
office or the person responsible for public records shall organize	16689
and maintain public records in a manner that they can be made	16690
available for inspection or copying in accordance with division	16691
(B) of this section. A public office also shall have available a	16692
copy of its current records retention schedule at a location	16693
readily available to the public. If a requester makes an ambiguous	16694
or overly broad request or has difficulty in making a request for	16695
copies or inspection of public records under this section such	16696
that the public office or the person responsible for the requested	16697
public record cannot reasonably identify what public records are	16698
being requested, the public office or the person responsible for	16699
the requested public record may deny the request but shall provide	16700
the requester with an opportunity to revise the request by	16701
informing the requester of the manner in which records are	16702
maintained by the public office and accessed in the ordinary	16703
course of the public office's or person's duties.	16704

(3) If a request is ultimately denied, in part or in whole,	16705
the public office or the person responsible for the requested	16706
public record shall provide the requester with an explanation,	16707
including legal authority, setting forth why the request was	16708
denied. If the initial request was provided in writing, the	16709
explanation also shall be provided to the requester in writing.	16710
The explanation shall not preclude the public office or the person	16711
responsible for the requested public record from relying upon	16712
additional reasons or legal authority in defending an action	16713
commenced under division (C) of this section.	16714

(4) Unless specifically required or authorized by state or	16715
federal law or in accordance with division (B) of this section, no	16716
public office or person responsible for public records may limit	16717
or condition the availability of public records by requiring	16718
disclosure of the requester's identity or the intended use of the	16719
requested public record. Any requirement that the requester	16720
disclose the requestor's identity or the intended use of the	16721
requested public record constitutes a denial of the request.	16722

(5) A public office or person responsible for public records	16723
may ask a requester to make the request in writing, may ask for	16724
the requester's identity, and may inquire about the intended use	16725
of the information requested, but may do so only after disclosing	16726
to the requester that a written request is not mandatory and that	16727
the requester may decline to reveal the requester's identity or	16728
the intended use and when a written request or disclosure of the	16729
identity or intended use would benefit the requester by enhancing	16730
the ability of the public office or person responsible for public	16731
records to identify, locate, or deliver the public records sought	16732
by the requester.	16733

(6) If any person chooses to obtain a copy of a public record	16734
in accordance with division (B) of this section, the public office	16735
or person responsible for the public record may require that	16736
person to pay in advance the cost involved in providing the copy	16737
of the public record in accordance with the choice made by the	16738
person seeking the copy under this division. The public office or	16739
the person responsible for the public record shall permit that	16740
person to choose to have the public record duplicated upon paper,	16741
upon the same medium upon which the public office or person	16742
responsible for the public record keeps it, or upon any other	16743
medium upon which the public office or person responsible for the	16744
public record determines that it reasonably can be duplicated as	16745
an integral part of the normal operations of the public office or	16746
person responsible for the public record. When the person seeking	16747
the copy makes a choice under this division, the public office or	16748
person responsible for the public record shall provide a copy of	16749
it in accordance with the choice made by the person seeking the	16750
copy. Nothing in this section requires a public office or person	16751
responsible for the public record to allow the person seeking a	16752
copy of the public record to make the copies of the public record.	16753

(7) Upon a request made in accordance with division (B) of	16754
this section and subject to division (B)(6) of this section, a	16755
public office or person responsible for public records shall	16756
transmit a copy of a public record to any person by United States	16757
mail or by any other means of delivery or transmission within a	16758
reasonable period of time after receiving the request for the	16759
copy. The public office or person responsible for the public	16760
record may require the person making the request to pay in advance	16761
the cost of postage if the copy is transmitted by United States	16762
mail or the cost of delivery if the copy is transmitted other than	16763
by United States mail, and to pay in advance the costs incurred	16764
for other supplies used in the mailing, delivery, or transmission.	16765

Any public office may adopt a policy and procedures that it	16766
will follow in transmitting, within a reasonable period of time	16767
after receiving a request, copies of public records by United	16768
States mail or by any other means of delivery or transmission	16769
pursuant to this division. A public office that adopts a policy	16770
and procedures under this division shall comply with them in	16771
performing its duties under this division.	16772

In any policy and procedures adopted under this division, a	16773
public office may limit the number of records requested by a	16774
person that the office will transmit by United States mail to ten	16775
per month, unless the person certifies to the office in writing	16776
that the person does not intend to use or forward the requested	16777
records, or the information contained in them, for commercial	16778
purposes. For purposes of this division, "commercial" shall be	16779
narrowly construed and does not include reporting or gathering	16780
news, reporting or gathering information to assist citizen	16781
oversight or understanding of the operation or activities of	16782
government, or nonprofit educational research.	16783

(8) A public office or person responsible for public records	16784
is not required to permit a person who is incarcerated pursuant to	16785
a criminal conviction or a juvenile adjudication to inspect or to	16786
obtain a copy of any public record concerning a criminal	16787
investigation or prosecution or concerning what would be a	16788
criminal investigation or prosecution if the subject of the	16789
investigation or prosecution were an adult, unless the request to	16790
inspect or to obtain a copy of the record is for the purpose of	16791
acquiring information that is subject to release as a public	16792
record under this section and the judge who imposed the sentence	16793
or made the adjudication with respect to the person, or the	16794
judge's successor in office, finds that the information sought in	16795
the public record is necessary to support what appears to be a	16796
justiciable claim of the person.	16797

(9)(a) Upon written request made and signed by a journalist	16798
on or after December 16, 1999, a public office, or person	16799
responsible for public records, having custody of the records of	16800
the agency employing a specified peace officer, parole officer,	16801
probation officer, bailiff, prosecuting attorney, assistant	16802
prosecuting attorney, correctional employee, community-based	16803
correctional facility employee, youth services employee,	16804
firefighter, EMT, or investigator of the bureau of criminal	16805
identification and investigation shall disclose to the journalist	16806
the address of the actual personal residence of the peace officer,	16807
parole officer, probation officer, bailiff, prosecuting attorney,	16808
assistant prosecuting attorney, correctional employee,	16809
community-based correctional facility employee, youth services	16810
employee, firefighter, EMT, or investigator of the bureau of	16811
criminal identification and investigation and, if the peace	16812
officer's, parole officer's, probation officer's, bailiff's,	16813
prosecuting attorney's, assistant prosecuting attorney's,	16814
correctional employee's, community-based correctional facility	16815
employee's, youth services employee's, firefighter's, EMT's, or	16816
investigator of the bureau of criminal identification and	16817
investigation's spouse, former spouse, or child is employed by a	16818
public office, the name and address of the employer of the peace	16819
officer's, parole officer's, probation officer's, bailiff's,	16820
prosecuting attorney's, assistant prosecuting attorney's,	16821
correctional employee's, community-based correctional facility	16822
employee's, youth services employee's, firefighter's, EMT's, or	16823
investigator of the bureau of criminal identification and	16824
investigation's spouse, former spouse, or child. The request shall	16825
include the journalist's name and title and the name and address	16826
of the journalist's employer and shall state that disclosure of	16827
the information sought would be in the public interest.	16828

(b) Division (B)(9)(a) of this section also applies to	16829
journalist requests for customer information maintained by a	16830
municipally owned or operated public utility, other than social	16831
security numbers and any private financial information such as	16832
credit reports, payment methods, credit card numbers, and bank	16833
account information.	16834

(c) As used in division (B)(9) of this section, "journalist"	16835
means a person engaged in, connected with, or employed by any news	16836
medium, including a newspaper, magazine, press association, news	16837
agency, or wire service, a radio or television station, or a	16838
similar medium, for the purpose of gathering, processing,	16839
transmitting, compiling, editing, or disseminating information for	16840
the general public.	16841

(C)(1) If a person allegedly is aggrieved by the failure of a	16842
public office or the person responsible for public records to	16843
promptly prepare a public record and to make it available to the	16844
person for inspection in accordance with division (B) of this	16845
section or by any other failure of a public office or the person	16846
responsible for public records to comply with an obligation in	16847
accordance with division (B) of this section, the person allegedly	16848
aggrieved may commence a mandamus action to obtain a judgment that	16849
orders the public office or the person responsible for the public	16850
record to comply with division (B) of this section, that awards	16851
court costs and reasonable attorney's fees to the person that	16852
instituted the mandamus action, and, if applicable, that includes	16853
an order fixing statutory damages under division (C)(1) of this	16854
section. The mandamus action may be commenced in the court of	16855
common pleas of the county in which division (B) of this section	16856
allegedly was not complied with, in the supreme court pursuant to	16857
its original jurisdiction under Section 2 of Article IV, Ohio	16858
Constitution, or in the court of appeals for the appellate	16859
district in which division (B) of this section allegedly was not	16860
complied with pursuant to its original jurisdiction under Section	16861
3 of Article IV, Ohio Constitution.	16862

If a requestor transmits a written request by hand delivery	16863
or certified mail to inspect or receive copies of any public	16864
record in a manner that fairly describes the public record or	16865
class of public records to the public office or person responsible	16866
for the requested public records, except as otherwise provided in	16867
this section, the requestor shall be entitled to recover the	16868
amount of statutory damages set forth in this division if a court	16869
determines that the public office or the person responsible for	16870
public records failed to comply with an obligation in accordance	16871
with division (B) of this section.	16872

The amount of statutory damages shall be fixed at one hundred	16873
dollars for each business day during which the public office or	16874
person responsible for the requested public records failed to	16875
comply with an obligation in accordance with division (B) of this	16876
section, beginning with the day on which the requester files a	16877
mandamus action to recover statutory damages, up to a maximum of	16878
one thousand dollars. The award of statutory damages shall not be	16879
construed as a penalty, but as compensation for injury arising	16880
from lost use of the requested information. The existence of this	16881
injury shall be conclusively presumed. The award of statutory	16882
damages shall be in addition to all other remedies authorized by	16883
this section.	16884

The court may reduce an award of statutory damages or not	16885
award statutory damages if the court determines both of the	16886
following:	16887

(a) That, based on the ordinary application of statutory law	16888
and case law as it existed at the time of the conduct or	16889
threatened conduct of the public office or person responsible for	16890
the requested public records that allegedly constitutes a failure	16891
to comply with an obligation in accordance with division (B) of	16892
this section and that was the basis of the mandamus action, a	16893
well-informed public office or person responsible for the	16894
requested public records reasonably would believe that the conduct	16895
or threatened conduct of the public office or person responsible	16896
for the requested public records did not constitute a failure to	16897
comply with an obligation in accordance with division (B) of this	16898
section;	16899

(b) That a well-informed public office or person responsible	16900
for the requested public records reasonably would believe that the	16901
conduct or threatened conduct of the public office or person	16902
responsible for the requested public records would serve the	16903
public policy that underlies the authority that is asserted as	16904
permitting that conduct or threatened conduct.	16905

(2)(a) If the court issues a writ of mandamus that orders the	16906
public office or the person responsible for the public record to	16907
comply with division (B) of this section and determines that the	16908
circumstances described in division (C)(1) of this section exist,	16909
the court shall determine and award to the relator all court	16910
costs.	16911

(b) If the court renders a judgment that orders the public	16912
office or the person responsible for the public record to comply	16913
with division (B) of this section, the court may award reasonable	16914
attorney's fees subject to reduction as described in division	16915
(C)(2)(c) of this section. The court shall award reasonable	16916
attorney's fees, subject to reduction as described in division	16917
(C)(2)(c) of this section when either of the following applies:	16918

(i) The public office or the person responsible for the	16919
public records failed to respond affirmatively or negatively to	16920
the public records request in accordance with the time allowed	16921
under division (B) of this section.	16922

(ii) The public office or the person responsible for the	16923
public records promised to permit the relator to inspect or	16924
receive copies of the public records requested within a specified	16925
period of time but failed to fulfill that promise within that	16926
specified period of time.	16927

(c) Court costs and reasonable attorney's fees awarded under	16928
this section shall be construed as remedial and not punitive.	16929
Reasonable attorney's fees shall include reasonable fees incurred	16930
to produce proof of the reasonableness and amount of the fees and	16931
to otherwise litigate entitlement to the fees. The court may	16932
reduce an award of attorney's fees to the relator or not award	16933
attorney's fees to the relator if the court determines both of the	16934
following:	16935

(i) That, based on the ordinary application of statutory law	16936
and case law as it existed at the time of the conduct or	16937
threatened conduct of the public office or person responsible for	16938
the requested public records that allegedly constitutes a failure	16939
to comply with an obligation in accordance with division (B) of	16940
this section and that was the basis of the mandamus action, a	16941
well-informed public office or person responsible for the	16942
requested public records reasonably would believe that the conduct	16943
or threatened conduct of the public office or person responsible	16944
for the requested public records did not constitute a failure to	16945
comply with an obligation in accordance with division (B) of this	16946
section;	16947

(ii) That a well-informed public office or person responsible	16948
for the requested public records reasonably would believe that the	16949
conduct or threatened conduct of the public office or person	16950
responsible for the requested public records as described in	16951
division (C)(2)(c)(i) of this section would serve the public	16952
policy that underlies the authority that is asserted as permitting	16953
that conduct or threatened conduct.	16954

(D) Chapter 1347. of the Revised Code does not limit the	16955
provisions of this section.	16956

(E)(1) To ensure that all employees of public offices are	16957
appropriately educated about a public office's obligations under	16958
division (B) of this section, all elected officials or their	16959
appropriate designees shall attend training approved by the	16960
attorney general as provided in section 109.43 of the Revised	16961
Code. In addition, all public offices shall adopt a public records	16962
policy in compliance with this section for responding to public	16963
records requests. In adopting a public records policy under this	16964
division, a public office may obtain guidance from the model	16965
public records policy developed and provided to the public office	16966
by the attorney general under section 109.43 of the Revised Code.	16967
Except as otherwise provided in this section, the policy may not	16968
limit the number of public records that the public office will	16969
make available to a single person, may not limit the number of	16970
public records that it will make available during a fixed period	16971
of time, and may not establish a fixed period of time before it	16972
will respond to a request for inspection or copying of public	16973
records, unless that period is less than eight hours.	16974

(2) The public office shall distribute the public records	16975
policy adopted by the public office under division (E)(1) of this	16976
section to the employee of the public office who is the records	16977
custodian or records manager or otherwise has custody of the	16978
records of that office. The public office shall require that	16979
employee to acknowledge receipt of the copy of the public records	16980
policy. The public office shall create a poster that describes its	16981
public records policy and shall post the poster in a conspicuous	16982
place in the public office and in all locations where the public	16983
office has branch offices. The public office may post its public	16984
records policy on the internet web site of the public office if	16985
the public office maintains an internet web site. A public office	16986
that has established a manual or handbook of its general policies	16987
and procedures for all employees of the public office shall	16988
include the public records policy of the public office in the	16989
manual or handbook.	16990

(F)(1) The bureau of motor vehicles may adopt rules pursuant	16991
to Chapter 119. of the Revised Code to reasonably limit the number	16992
of bulk commercial special extraction requests made by a person	16993
for the same records or for updated records during a calendar	16994
year. The rules may include provisions for charges to be made for	16995
bulk commercial special extraction requests for the actual cost of	16996
the bureau, plus special extraction costs, plus ten per cent. The	16997
bureau may charge for expenses for redacting information, the	16998
release of which is prohibited by law.	16999

(2) As used in division (F)(1) of this section:

17000

(a) "Actual cost" means the cost of depleted supplies,	17001
records storage media costs, actual mailing and alternative	17002
delivery costs, or other transmitting costs, and any direct	17003
equipment operating and maintenance costs, including actual costs	17004
paid to private contractors for copying services.	17005

(b) "Bulk commercial special extraction request" means a	17006
request for copies of a record for information in a format other	17007
than the format already available, or information that cannot be	17008
extracted without examination of all items in a records series,	17009
class of records, or ~~data base~~database by a person who intends to	17010
use or forward the copies for surveys, marketing, solicitation, or	17011
resale for commercial purposes. "Bulk commercial special	17012
extraction request" does not include a request by a person who	17013
gives assurance to the bureau that the person making the request	17014
does not intend to use or forward the requested copies for	17015
surveys, marketing, solicitation, or resale for commercial	17016
purposes.	17017

(c) "Commercial" means profit-seeking production, buying, or	17018
selling of any good, service, or other product.	17019

(d) "Special extraction costs" means the cost of the time	17020
spent by the lowest paid employee competent to perform the task,	17021
the actual amount paid to outside private contractors employed by	17022
the bureau, or the actual cost incurred to create computer	17023
programs to make the special extraction. "Special extraction	17024
costs" include any charges paid to a public agency for computer or	17025
records services.	17026

(3) For purposes of divisions (F)(1) and (2) of this section,	17027
"surveys, marketing, solicitation, or resale for commercial	17028
purposes" shall be narrowly construed and does not include	17029
reporting or gathering news, reporting or gathering information to	17030
assist citizen oversight or understanding of the operation or	17031
activities of government, or nonprofit educational research.	17032

Sec. 149.431. (A) Except as provided in sections 9.833 and	17033
~~2744.08~~2744.081 of the Revised Code, any governmental entity or	17034
agency and any nonprofit corporation or association, except a	17035
corporation organized pursuant to Chapter 1719. of the Revised	17036
Code prior to January 1, 1980 or organized pursuant to Chapter	17037
3941. of the Revised Code, that enters into a contract or other	17038
agreement with the federal government, a unit of state government,	17039
or a political subdivision or taxing unit of this state for the	17040
provision of services shall keep accurate and complete financial	17041
records of any moneys expended in relation to the performance of	17042
the services pursuant to such contract or agreement according to	17043
generally accepted accounting principles. Such contract or	17044
agreement and such financial records shall be deemed to be public	17045
records as defined in division (A)(1) of section 149.43 of the	17046
Revised Code and are subject to the requirements of division (B)	17047
of that section, except that:	17048

(1) Any information directly or indirectly identifying a	17049
present or former individual patient or client or such an	17050
individual patient's or client's diagnosis, prognosis, or medical	17051
treatment, treatment for a mental or emotional disorder, treatment	17052
for mental retardation or a developmental disability, treatment	17053
for drug abuse or alcoholism, or counseling for personal or social	17054
problems is not a public record;	17055

(2) If disclosure of the contract or agreement or financial	17056
records is requested at a time when confidential professional	17057
services are being provided to a patient or client whose	17058
confidentiality might be violated if disclosure were made at that	17059
time, disclosure may be deferred if reasonable times are	17060
established when the contract or agreement or financial records	17061
will be disclosed.	17062

(3) Any nonprofit corporation or association that receives	17063
both public and private funds in fulfillment of any such contract	17064
or other agreement is not required to keep as public records the	17065
financial records of any private funds expended in relation to the	17066
performance of services pursuant to the contract or agreement.	17067

(B) Any nonprofit corporation or association that receives	17068
more than fifty per cent of its gross receipts excluding moneys	17069
received pursuant to Title XVIII of the "Social Security Act," 49	17070
Stat. 620 (1935), 42 U.S.C. 301, as amended, in a calendar year in	17071
fulfillment of a contract or other agreement for services with a	17072
governmental entity shall maintain information setting forth the	17073
compensation of any individual serving the nonprofit corporation	17074
or association in an executive or administrative capacity. Such	17075
information shall be deemed to be public records as defined in	17076
division (A)(1) of section 149.43 of the Revised Code and is	17077
subject to the requirements of division (B) of that section.	17078

Nothing in this section shall be construed to otherwise limit	17079
the provisions of section 149.43 of the Revised Code.	17080

Sec. 149.54. In order to ensure that archaeological survey	17081
and salvage work on public lands, dedicated archaeological	17082
preserves, and registered state archaeological landmarks is	17083
conducted in a scientific manner, the director of the Ohio	17084
historical society shall, in consultation with the Ohio	17085
archaeological council and the archaeological society of Ohio,	17086
adopt and may amend or rescind rules, in accordance with Chapter	17087
119. of the Revised Code, prescribing minimum education, training,	17088
and experience requirements for personnel in charge of or	17089
otherwise engaging in archaeological survey and salvage work, and	17090
prescribing scientific methods for undertaking such activities.	17091

No person shall engage in archaeological survey or salvage	17092
work on any land that is owned, controlled, or administered by the	17093
state or any political subdivision of the state, or at any	17094
archaeological preserve, dedicated under section 149.52 of the	17095
Revised Code, ~~or at any state archaeological landmark registered~~	17096
~~under section 149.51 of the Revised Code,~~ without first obtaining	17097
the written permission of the director. To obtain permission, the	17098
applicant shall submit written application to the director, which	17099
application shall indicate the proposed location, the	17100
qualifications of personnel who will be engaged in the	17101
archaeological survey or salvage work, the proposed methods of	17102
survey or salvage, and such other information as the director	17103
requires by rule.	17104

The director shall deny the applicant permission to engage in	17105
archaeological survey or salvage work at the proposed location if	17106
the applicant's proposed undertaking will not comply with the	17107
rules adopted under this section. The director shall by written	17108
order approve or deny permission to disturb the site. If the	17109
director decides to deny permission, the order shall state the	17110
reasons for denial, and the director shall afford the applicant an	17111
adjudication hearing under Chapter 119. of the Revised Code. The	17112
requirements of this section and of any rule adopted pursuant to	17113
this section shall not apply to any department, agency, unit,	17114
instrumentality, or political subdivision of the state.	17115

Whoever violates this section is guilty of a misdemeanor of	17116
the second degree. Whoever violates or threatens to violate this	17117
section may be enjoined from violation.	17118

Sec. 151.11. (A) As used in this section:

17119

(1) "Costs of sites and facilities" includes related direct	17120
administrative expenses and allocable portions of the direct costs	17121
of those projects. "Costs of sites and facilities" includes	17122
"allowable costs" as defined in section 122.085 of the Revised	17123
Code.	17124

(2) "Obligations" means obligations as defined in section	17125
151.01 of the Revised Code issued to pay costs of sites and	17126
facilities in Ohio for and in support of industry, commerce,	17127
distribution, and research and development purposes as referred to	17128
in division (A)(3) of Section 2p of Article VIII, Ohio	17129
Constitution.	17130

(B) The issuing authority shall issue general obligations of	17131
the state to pay costs of sites and facilities pursuant to	17132
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	17133
section 151.01 of the Revised Code, and this section. The issuing	17134
authority shall issue obligations in the amount determined by the	17135
issuing authority to be required for those purposes. The total	17136
principal amount of obligations issued under this section shall	17137
not exceed one hundred fifty million dollars.	17138

(C) Net proceeds of obligations shall be deposited into the	17139
job ready site development fund created by section 122.0820 of the	17140
Revised Code.	17141

(D) There is hereby created in the state treasury the job	17142
ready site development bond service fund. All moneys received by	17143
the state and required by the bond proceedings, consistent with	17144
section 151.01 of the Revised Code and this section, to be	17145
deposited, transferred, or credited to the bond service fund, and	17146
all other moneys transferred or allocated to or received for the	17147
purposes of that fund, shall be deposited and credited to the bond	17148
service fund, subject to any applicable provisions of the bond	17149
proceedings, but without necessity for any act of appropriation.	17150
During the period beginning with the date of the first issuance of	17151
obligations and continuing during the time that any obligations	17152
are outstanding in accordance with their terms, so long as moneys	17153
in the bond service fund are insufficient to pay debt service when	17154
due on those obligations payable from that fund, except the	17155
principal amounts of bond anticipation notes payable from the	17156
proceeds of renewal notes or bonds anticipated, and due in the	17157
particular fiscal year, a sufficient amount of revenues of the	17158
state is committed and, without necessity for further act of	17159
appropriation, shall be paid to the bond service fund for the	17160
purpose of paying that debt service when due. All investment	17161
earnings on the cash balance in the fund shall be credited to the	17162
fund.	17163

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	17164
152.33 of the Revised Code:	17165

(1) "Obligations" means bonds, notes, or other evidences of	17166
obligation, including interest coupons pertaining thereto, issued	17167
pursuant to sections 152.09 to 152.33 of the Revised Code.	17168

(2) "State agencies" means the state of Ohio and branches,	17169
officers, boards, commissions, authorities, departments,	17170
divisions, courts, general assembly, or other units or agencies of	17171
the state. "State agency" also includes counties, municipal	17172
corporations, and governmental entities of this state that enter	17173
into leases with the Ohio building authority pursuant to section	17174
152.31 of the Revised Code or that are designated by law as state	17175
agencies for the purpose of performing a state function that is to	17176
be housed by a capital facility for which the Ohio building	17177
authority is authorized to issue revenue obligations pursuant to	17178
sections 152.09 to 152.33 of the Revised Code.	17179

(3) "Bond service charges" means principal, including	17180
mandatory sinking fund requirements for retirement of obligations,	17181
and interest, and redemption premium, if any, required to be paid	17182
by the Ohio building authority on obligations.	17183

(4) "Capital facilities" means buildings, structures, and	17184
other improvements, and equipment, real estate, and interests in	17185
real estate therefor, within the state, and any one, part of, or	17186
combination of the foregoing, for housing of branches and agencies	17187
of state government, including capital facilities for the purpose	17188
of housing personnel, equipment, or functions, or any combination	17189
thereof that the state agencies are responsible for housing, for	17190
which the Ohio building authority is authorized to issue	17191
obligations pursuant to Chapter 152. of the Revised Code, and	17192
includes storage and parking facilities related to such capital	17193
facilities. For purposes of sections 152.10 to 152.15 of the	17194
Revised Code, "capital facilities" includes community or technical	17195
college capital facilities.	17196

(5) "Cost of capital facilities" means the costs of	17197
assessing, planning, acquiring, constructing, reconstructing,	17198
rehabilitating, remodeling, renovating, enlarging, improving,	17199
altering, maintaining, equipping, furnishing, repairing, painting,	17200
decorating, managing, or operating capital facilities, and the	17201
financing thereof, including the cost of clearance and preparation	17202
of the site and of any land to be used in connection with capital	17203
facilities, the cost of participating in capital facilities	17204
pursuant to section 152.33 of the Revised Code, the cost of any	17205
indemnity and surety bonds and premiums on insurance, all related	17206
direct administrative expenses and allocable portions of direct	17207
costs of the authority and lessee state agencies, cost of	17208
engineering and architectural services, designs, plans,	17209
specifications, surveys, and estimates of cost, legal fees, fees	17210
and expenses of trustees, depositories, and paying agents for the	17211
obligations, cost of issuance of the obligations and financing	17212
charges and fees and expenses of financial advisers and	17213
consultants in connection therewith, interest on obligations from	17214
the date thereof to the time when interest is to be covered from	17215
sources other than proceeds of obligations, amounts that represent	17216
the portion of investment earnings to be rebated or to be paid to	17217
the federal government in order to maintain the exclusion from	17218
gross income for federal income tax purposes of interest on those	17219
obligations pursuant to section 148(f) of the Internal Revenue	17220
Code, amounts necessary to establish reserves as required by the	17221
resolutions or the obligations, trust agreements, or indentures,	17222
costs of audits, the reimbursement of all moneys advanced or	17223
applied by or borrowed from any governmental entity, whether to or	17224
by the authority or others, from whatever source provided, for the	17225
payment of any item or items of cost of the capital facilities,	17226
any share of the cost undertaken by the authority pursuant to	17227
arrangements made with governmental entities under division (J) of	17228
section 152.21 of the Revised Code, and all other expenses	17229
necessary or incident to assessing, planning, or determining the	17230
feasibility or practicability with respect to capital facilities,	17231
and such other expenses as may be necessary or incident to the	17232
assessment, planning, acquisition, construction, reconstruction,	17233
rehabilitation, remodeling, renovation, enlargement, improvement,	17234
alteration, maintenance, equipment, furnishing, repair, painting,	17235
decoration, management, or operation of capital facilities, the	17236
financing thereof and the placing of the same in use and	17237
operation, including any one, part of, or combination of such	17238
classes of costs and expenses.	17239

(6) "Governmental entity" means any state agency, municipal	17240
corporation, county, township, school district, and any other	17241
political subdivision or special district in this state	17242
established pursuant to law, and, except where otherwise	17243
indicated, also means the United States or any of the states or	17244
any department, division, or agency thereof, and any agency,	17245
commission, or authority established pursuant to an interstate	17246
compact or agreement.	17247

(7) "Governing body" means:

17248

(a) In the case of a county, the board of county	17249
commissioners or other legislative authority; in the case of a	17250
municipal corporation, the legislative authority; in the case of a	17251
township, the board of township trustees; in the case of a school	17252
district, the board of education;	17253

(b) In the case of any other governmental entity, the	17254
officer, board, commission, authority, or other body having the	17255
general management of the entity or having jurisdiction or	17256
authority in the particular circumstances.	17257

(8) "Available receipts" means fees, charges, revenues,	17258
grants, subsidies, income from the investment of moneys, proceeds	17259
from the sale of goods or services, and all other revenues or	17260
receipts received by or on behalf of any state agency for which	17261
capital facilities are financed with obligations issued under	17262
Chapter 152. of the Revised Code, any state agency participating	17263
in capital facilities pursuant to section 152.33 of the Revised	17264
Code, or any state agency by which the capital facilities are	17265
constructed or financed; revenues or receipts derived by the	17266
authority from the operation, leasing, or other disposition of	17267
capital facilities, and the proceeds of obligations issued under	17268
Chapter 152. of the Revised Code; and also any moneys appropriated	17269
by a governmental entity, gifts, grants, donations, and pledges,	17270
and receipts therefrom, available for the payment of bond service	17271
charges on such obligations.	17272

(9) "Available community or technical college receipts" means	17273
all money received by a community or technical college or	17274
community or technical college district, including income,	17275
revenues, and receipts from the operation, ownership, or control	17276
of facilities, grants, gifts, donations, and pledges and receipts	17277
therefrom, receipts from fees and charges, the allocated state	17278
share of instruction as defined in section ~~3333.90~~3333.59 of the	17279
Revised Code, and the proceeds of the sale of obligations,	17280
including proceeds of obligations issued to refund obligations	17281
previously issued, but excluding any special fee, and receipts	17282
therefrom, charged pursuant to division (D) of section 154.21 of	17283
the Revised Code.	17284

(10) "Community or technical college," "college," "community	17285
or technical college district," and "district" have the same	17286
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	17287

(11) "Community or technical college capital facilities"	17288
means auxiliary facilities, education facilities, and housing and	17289
dining facilities, as those terms are defined in section 3345.12	17290
of the Revised Code, to the extent permitted to be financed by the	17291
issuance of obligations under division (A)(2) of section 3357.112	17292
of the Revised Code, that are authorized by sections 3354.121,	17293
3357.112, and 3358.10 of the Revised Code to be financed by	17294
obligations issued by a community or technical college district,	17295
and for which the Ohio building authority is authorized to issue	17296
obligations pursuant to Chapter 152. of the Revised Code, and	17297
includes any one, part of, or any combination of the foregoing,	17298
and further includes site improvements, utilities, machinery,	17299
furnishings, and any separate or connected buildings, structures,	17300
improvements, sites, open space and green space areas, utilities,	17301
or equipment to be used in, or in connection with the operation or	17302
maintenance of, or supplementing or otherwise related to the	17303
services or facilities to be provided by, such facilities.	17304

(12) "Cost of community or technical college capital	17305
facilities" means the costs of acquiring, constructing,	17306
reconstructing, rehabilitating, remodeling, renovating, enlarging,	17307
improving, equipping, or furnishing community or technical college	17308
capital facilities, and the financing thereof, including the cost	17309
of clearance and preparation of the site and of any land to be	17310
used in connection with community or technical college capital	17311
facilities, the cost of any indemnity and surety bonds and	17312
premiums on insurance, all related direct administrative expenses	17313
and allocable portions of direct costs of the authority, community	17314
or technical college or community or technical college district,	17315
cost of engineering, architectural services, design, plans,	17316
specifications and surveys, estimates of cost, legal fees, fees	17317
and expenses of trustees, depositories, bond registrars, and	17318
paying agents for the obligations, cost of issuance of the	17319
obligations and financing costs and fees and expenses of financial	17320
advisers and consultants in connection therewith, interest on the	17321
obligations from the date thereof to the time when interest is to	17322
be covered by available receipts or other sources other than	17323
proceeds of the obligations, amounts that represent the portion of	17324
investment earnings to be rebated or to be paid to the federal	17325
government in order to maintain the exclusion from gross income	17326
for federal income tax purposes of interest on those obligations	17327
pursuant to section 148(f) of the Internal Revenue Code, amounts	17328
necessary to establish reserves as required by the bond	17329
proceedings, costs of audits, the reimbursements of all moneys	17330
advanced or applied by or borrowed from the community or technical	17331
college, community or technical college district, or others, from	17332
whatever source provided, including any temporary advances from	17333
state appropriations, for the payment of any item or items of cost	17334
of community or technical college facilities, and all other	17335
expenses necessary or incident to planning or determining	17336
feasibility or practicability with respect to such facilities, and	17337
such other expenses as may be necessary or incident to the	17338
acquisition, construction, reconstruction, rehabilitation,	17339
remodeling, renovation, enlargement, improvement, equipment, and	17340
furnishing of community or technical college capital facilities,	17341
the financing thereof and the placing of them in use and	17342
operation, including any one, part of, or combination of such	17343
classes of costs and expenses.	17344

(B) Pursuant to the powers granted to the general assembly	17345
under Section 2i of Article VIII, Ohio Constitution, to authorize	17346
the issuance of revenue obligations and other obligations, the	17347
owners or holders of which are not given the right to have excises	17348
or taxes levied by the general assembly for the payment of	17349
principal thereof or interest thereon, the Ohio building authority	17350
may issue obligations, in accordance with Chapter 152. of the	17351
Revised Code, and shall cause the net proceeds thereof, after any	17352
deposits of accrued interest for the payment of bond service	17353
charges and after any deposit of all or such lesser portion as the	17354
authority may direct of the premium received upon the sale of	17355
those obligations for the payment of the bond service charges, to	17356
be applied to the costs of capital facilities designated by or	17357
pursuant to act of the general assembly for housing state agencies	17358
as authorized by Chapter 152. of the Revised Code. The authority	17359
shall provide by resolution for the issuance of such obligations.	17360
The bond service charges and all other payments required to be	17361
made by the trust agreement or indenture securing such obligations	17362
shall be payable solely from available receipts of the authority	17363
pledged thereto as provided in such resolution. The available	17364
receipts pledged and thereafter received by the authority are	17365
immediately subject to the lien of such pledge without any	17366
physical delivery thereof or further act, and the lien of any such	17367
pledge is valid and binding against all parties having claims of	17368
any kind against the authority, irrespective of whether those	17369
parties have notice thereof, and creates a perfected security	17370
interest for all purposes of Chapter 1309. of the Revised Code and	17371
a perfected lien for purposes of any real property interest, all	17372
without the necessity for separation or delivery of funds or for	17373
the filing or recording of the resolution, trust agreement,	17374
indenture, or other agreement by which such pledge is created or	17375
any certificate, statement, or other document with respect	17376
thereto; and the pledge of such available receipts is effective	17377
and the money therefrom and thereof may be applied to the purposes	17378
for which pledged. Every pledge, and every covenant and agreement	17379
made with respect to the pledge, made in the resolution may	17380
therein be extended to the benefit of the owners and holders of	17381
obligations authorized by Chapter 152. of the Revised Code, the	17382
net proceeds of which are to be applied to the costs of capital	17383
facilities, and to any trustee therefor, for the further securing	17384
of the payment of the bond service charges, and all or any rights	17385
under any agreement or lease made under this section may be	17386
assigned for such purpose. Obligations may be issued at one time	17387
or from time to time, and each issue shall be dated, shall mature	17388
at such time or times as determined by the authority not exceeding	17389
forty years from the date of issue, and may be redeemable before	17390
maturity at the option of the authority at such price or prices	17391
and under such terms and conditions as are fixed by the authority	17392
prior to the issuance of the obligations. The authority shall	17393
determine the form of the obligations, fix their denominations,	17394
establish their interest rate or rates, which may be a variable	17395
rate or rates, or the maximum interest rate, and establish within	17396
or without this state a place or places of payment of bond service	17397
charges.	17398

(C) The obligations shall be signed by the authority	17399
chairperson, vice-chairperson, and secretary-treasurer, and the	17400
authority seal shall be affixed. The signatures may be facsimile	17401
signatures and the seal affixed may be a facsimile seal, as	17402
provided by resolution of the authority. Any coupons attached may	17403
bear the facsimile signature of the chairperson. In case any	17404
officer who has signed any obligations, or caused the officer's	17405
facsimile signature to be affixed thereto, ceases to be such	17406
officer before such obligations have been delivered, such	17407
obligations may, nevertheless, be issued and delivered as though	17408
the person who had signed the obligations or caused the person's	17409
facsimile signature to be affixed thereto had not ceased to be	17410
such officer.	17411

Any obligations may be executed on behalf of the authority by	17412
an officer who, on the date of execution, is the proper officer	17413
although on the date of such obligations such person was not the	17414
proper officer.	17415

(D) All obligations issued by the authority shall have all	17416
the qualities and incidents of negotiable instruments and may be	17417
issued in coupon or in registered form, or both, as the authority	17418
determines. Provision may be made for the registration of any	17419
obligations with coupons attached thereto as to principal alone or	17420
as to both principal and interest, their exchange for obligations	17421
so registered, and for the conversion or reconversion into	17422
obligations with coupons attached thereto of any obligations	17423
registered as to both principal and interest, and for reasonable	17424
charges for such registration, exchange, conversion, and	17425
reconversion. The authority may sell its obligations in any manner	17426
and for such prices as it determines, except that the authority	17427
shall sell obligations sold at public or private sale in	17428
accordance with section 152.091 of the Revised Code.	17429

(E) The obligations of the authority, principal, interest,	17430
and any proceeds from their sale or transfer, are exempt from all	17431
taxation within this state.	17432

(F) The authority is authorized to issue revenue obligations	17433
and other obligations under Section 2i of Article VIII, Ohio	17434
Constitution, for the purpose of paying the cost of capital	17435
facilities for housing of branches and agencies of state	17436
government, including capital facilities for the purpose of	17437
housing personnel, equipment, or functions, or any combination	17438
thereof that the state agencies are responsible for housing, as	17439
are authorized by Chapter 152. of the Revised Code, and that are	17440
authorized by the general assembly by the appropriation of lease	17441
payments or other moneys for such capital facilities or by any	17442
other act of the general assembly, but not including the	17443
appropriation of moneys for feasibility studies for such capital	17444
facilities. This division does not authorize the authority to	17445
issue obligations pursuant to Section 2i of Article VIII, Ohio	17446
Constitution, to pay the cost of capital facilities for mental	17447
hygiene and retardation, parks and recreation, or state-supported	17448
or state-assisted institutions of higher education.	17449

(G) The authority is authorized to issue revenue obligations	17450
under Section 2i of Article VIII, Ohio Constitution, on behalf of	17451
a community or technical college district and shall cause the net	17452
proceeds thereof, after any deposits of accrued interest for the	17453
payment of bond service charges and after any deposit of all or	17454
such lesser portion as the authority may direct of the premium	17455
received upon the sale of those obligations for the payment of the	17456
bond service charges, to be applied to the cost of community or	17457
technical college capital facilities, provided that the issuance	17458
of such obligations is subject to the execution of a written	17459
agreement in accordance with division (C) of section ~~3333.90~~	17460
3333.59 of the Revised Code for the withholding and depositing of	17461
funds otherwise due the district, or the college it operates, in	17462
respect of its allocated state share of instruction.	17463

The authority shall provide by resolution for the issuance of	17464
such obligations. The bond service charges and all other payments	17465
required to be made by the trust agreement or indenture securing	17466
the obligations shall be payable solely from available community	17467
or technical college receipts pledged thereto as provided in the	17468
resolution. The available community or technical college receipts	17469
pledged and thereafter received by the authority are immediately	17470
subject to the lien of such pledge without any physical delivery	17471
thereof or further act, and the lien of any such pledge is valid	17472
and binding against all parties having claims of any kind against	17473
the authority, irrespective of whether those parties have notice	17474
thereof, and creates a perfected security interest for all	17475
purposes of Chapter 1309. of the Revised Code and a perfected lien	17476
for purposes of any real property interest, all without the	17477
necessity for separation or delivery of funds or for the filing or	17478
recording of the resolution, trust agreement, indenture, or other	17479
agreement by which such pledge is created or any certificate,	17480
statement, or other document with respect thereto; and the pledge	17481
of such available community or technical college receipts is	17482
effective and the money therefrom and thereof may be applied to	17483
the purposes for which pledged. Every pledge, and every covenant	17484
and agreement made with respect to the pledge, made in the	17485
resolution may therein be extended to the benefit of the owners	17486
and holders of obligations authorized by this division, and to any	17487
trustee therefor, for the further securing of the payment of the	17488
bond service charges, and all or any rights under any agreement or	17489
lease made under this section may be assigned for such purpose.	17490
Obligations may be issued at one time or from time to time, and	17491
each issue shall be dated, shall mature at such time or times as	17492
determined by the authority not exceeding forty years from the	17493
date of issue, and may be redeemable before maturity at the option	17494
of the authority at such price or prices and under such terms and	17495
conditions as are fixed by the authority prior to the issuance of	17496
the obligations. The authority shall determine the form of the	17497
obligations, fix their denominations, establish their interest	17498
rate or rates, which may be a variable rate or rates, or the	17499
maximum interest rate, and establish within or without this state	17500
a place or places of payment of bond service charges.	17501

Sec. 153.692. For every design-build contract, the public	17502
authority planning to contract for design-build services shall	17503
first obtain the services of a criteria architect or engineer by	17504
doing either of the following:	17505

(A) Contracting for the services consistent with sections	17506
153.65 to 153.70 of the Revised Code;	17507

(B) Obtaining the services through an architect or engineer	17508
who is an employee of the public authority and notifying the	17509
~~department of administrative services~~Ohio facilities construction	17510
commission before the services are performed.	17511

Sec. 154.01. As used in this chapter:

17512

(A) "Commission" means the Ohio public facilities commission	17513
created in section 151.02 of the Revised Code.	17514

(B) "Obligations" means bonds, notes, or other evidences of	17515
obligation, including interest coupons pertaining thereto, issued	17516
pursuant to Chapter 154. of the Revised Code.	17517

(C) "Bond proceedings" means the order or orders, resolution	17518
or resolutions, trust agreement, indenture, lease, and other	17519
agreements, amendments and supplements to the foregoing, or any	17520
combination thereof, authorizing or providing for the terms and	17521
conditions applicable to, or providing for the security of,	17522
obligations issued pursuant to Chapter 154. of the Revised Code,	17523
and the provisions contained in such obligations.	17524

(D) "State agencies" means the state of Ohio and officers,	17525
boards, commissions, departments, divisions, or other units or	17526
agencies of the state.	17527

(E) "Governmental agency" means state agencies, state	17528
supported and assisted institutions of higher education, municipal	17529
corporations, counties, townships, school districts, and any other	17530
political subdivision or special district in this state	17531
established pursuant to law, and, except where otherwise	17532
indicated, also means the United States or any department,	17533
division, or agency thereof, and any agency, commission, or	17534
authority established pursuant to an interstate compact or	17535
agreement.	17536

(F) "Institutions of higher education" and "state supported	17537
or state assisted institutions of higher education" means the	17538
state universities identified in section 3345.011 of the Revised	17539
Code, the northeast Ohio medical university, state universities or	17540
colleges at any time created, community college districts,	17541
university branch districts, and technical college districts at	17542
any time established or operating under Chapter 3354., 3355., or	17543
3357. of the Revised Code, and other institutions for education,	17544
including technical education, beyond the high school, receiving	17545
state support or assistance for their expenses of operation.	17546

(G) "Governing body" means:

17547

(1) In the case of institutions of higher education, the	17548
board of trustees, board of directors, commission, or other body	17549
vested by law with the general management, conduct, and control of	17550
one or more institutions of higher education;	17551

(2) In the case of a county, the board of county	17552
commissioners or other legislative body; in the case of a	17553
municipal corporation, the council or other legislative body; in	17554
the case of a township, the board of township trustees; in the	17555
case of a school district, the board of education;	17556

(3) In the case of any other governmental agency, the	17557
officer, board, commission, authority or other body having the	17558
general management thereof or having jurisdiction or authority in	17559
the particular circumstances.	17560

(H) "Person" means any person, firm, partnership,	17561
association, or corporation.	17562

(I) "Bond service charges" means principal, including	17563
mandatory sinking fund requirements for retirement of obligations,	17564
and interest, and redemption premium, if any, required to be paid	17565
by the state on obligations. If not prohibited by the applicable	17566
bond proceedings, bond service charges may include costs relating	17567
to credit enhancement facilities that are related to and	17568
represent, or are intended to provide a source of payment of or	17569
limitation on, other bond service charges.	17570

(J) "Capital facilities" means buildings, structures, and	17571
other improvements, and equipment, real estate, and interests in	17572
real estate therefor, within the state, and any one, part of, or	17573
combination of the foregoing, to serve the general purposes for	17574
which the issuing authority is authorized to issue obligations	17575
pursuant to Chapter 154. of the Revised Code, including, but not	17576
limited to, drives, roadways, parking facilities, walks, lighting,	17577
machinery, furnishings, utilities, landscaping, wharves, docks,	17578
piers, reservoirs, dams, tunnels, bridges, retaining walls,	17579
riprap, culverts, ditches, channels, watercourses, retention	17580
basins, standpipes and water storage facilities, waste treatment	17581
and disposal facilities, heating, air conditioning and	17582
communications facilities, inns, lodges, cabins, camping sites,	17583
golf courses, boat and bathing facilities, athletic and	17584
recreational facilities, and site improvements.	17585

(K) "Costs of capital facilities" means the costs of	17586
acquiring, constructing, reconstructing, rehabilitating,	17587
remodeling, renovating, enlarging, improving, equipping, or	17588
furnishing capital facilities, and the financing thereof,	17589
including the cost of clearance and preparation of the site and of	17590
any land to be used in connection with capital facilities, the	17591
cost of any indemnity and surety bonds and premiums on insurance,	17592
all related direct administrative expenses and allocable portions	17593
of direct costs of the commission or issuing authority and	17594
department of administrative services, or other designees of the	17595
commission under section 154.17 of the Revised Code, cost of	17596
engineering and architectural services, designs, plans,	17597
specifications, surveys, and estimates of cost, legal fees, fees	17598
and expenses of trustees, depositories, and paying agents for the	17599
obligations, cost of issuance of the obligations and financing	17600
charges and fees and expenses of financial advisers and	17601
consultants in connection therewith, interest on obligations,	17602
including but not limited to, interest from the date of their	17603
issuance to the time when interest is to be covered from sources	17604
other than proceeds of obligations, amounts necessary to establish	17605
reserves as required by the bond proceedings, costs of audits, the	17606
reimbursement of all moneys advanced or applied by or borrowed	17607
from any governmental agency, whether to or by the commission or	17608
others, from whatever source provided, for the payment of any item	17609
or items of cost of the capital facilities, any share of the cost	17610
undertaken by the commission pursuant to arrangements made with	17611
governmental agencies under division (H) of section 154.06 of the	17612
Revised Code, and all other expenses necessary or incident to	17613
planning or determining feasibility or practicability with respect	17614
to capital facilities, and such other expenses as may be necessary	17615
or incident to the acquisition, construction, reconstruction,	17616
rehabilitation, remodeling, renovation, enlargement, improvement,	17617
equipment, and furnishing of capital facilities, the financing	17618
thereof and the placing of the same in use and operation,	17619
including any one, part of, or combination of such classes of	17620
costs and expenses.	17621

(L) "Public service facilities" means inns, lodges, hotels,	17622
cabins, camping sites, scenic trails, picnic sites, restaurants,	17623
commissaries, golf courses, boating and bathing facilities and	17624
other similar facilities in state parks.	17625

(M) "State parks" means:

17626

(1) State reservoirs described and identified in section	17627
1541.06 of the Revised Code;	17628

(2) All lands or interests therein of the state identified as	17629
administered by the division of parks and recreation in the	17630
"inventory of state owned lands administered by the department of	17631
natural resources as of June 1, 1963," as recorded in the journal	17632
of the director, which inventory was prepared by the real estate	17633
section of the department and is supported by maps now on file in	17634
said real estate section;	17635

(3) All lands or interests in lands of the state designated	17636
after June 1, 1963, as state parks in the journal of the director	17637
with the approval of the recreation and resources council.	17638

State parks do not include any lands or interest in lands of	17639
the state administered jointly by two or more divisions of the	17640
department of natural resources. The designation of lands as state	17641
parks under divisions (M)(1) to (3) of this section is conclusive	17642
and such lands shall be under the control of and administered by	17643
the division of parks and recreation. No order or proceeding	17644
designating lands as state parks or park purchase areas is subject	17645
to any appeal or review by any officer, board, commission, or	17646
court.	17647

(N) "Bond service fund" means the applicable fund created for	17648
and pledged to the payment of bond service charges under section	17649
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	17650
all moneys and investments, and earnings from investments,	17651
credited and to be credited thereto.	17652

(O) "Improvement fund" means the applicable fund created for	17653
the payment of costs of capital facilities under section 123.201,	17654
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	17655
including all moneys and investments, and earnings from	17656
investments, credited and to be credited thereto.	17657

(P) "Special funds" or "funds" means, except where the	17658
context does not permit, the bond service funds, the improvements	17659
funds, and any other funds for similar or different purposes	17660
created under bond proceedings, including all moneys and	17661
investments, and earnings from investments, credited and to be	17662
credited thereto.	17663

(Q) "Year" unless the context indicates a different meaning	17664
or intent, means a calendar year beginning on the first day of	17665
January and ending on the thirty-first day of December.	17666

(R) "Fiscal year" means the period of twelve months beginning	17667
on the first day of July and ending on the thirtieth day of June.	17668

(S) "Issuing authority" means the treasurer of state or the	17669
officer or employee who by law performs the functions of that	17670
office.	17671

(T) "Credit enhancement facilities" has the same meaning as	17672
in section 133.01 of the Revised Code.	17673

(U) "Ohio cultural facility" and "Ohio sports facility" have	17674
the same meanings as in section ~~3383.01~~123.28 of the Revised	17675
Code.	17676

Sec. 154.17. The departments of administrative services,	17677
~~mental health~~mental health and addiction services, developmental	17678
disabilities, rehabilitation and correction, and natural	17679
resources, the Ohio board of regents, institutions of higher	17680
education, and other state officers and state agencies shall	17681
cooperate with the commission in providing services and	17682
information requested by the commission for purposes of Chapter	17683
154. of the Revised Code, and the commission may make mutually	17684
satisfactory arrangements therefor and may thereunder designate	17685
any governmental agency for the management or performance of	17686
particular functions of the commission, other than the	17687
authorization and issuance of obligations provided for in Chapter	17688
154. of the Revised Code, pursuant to which designation, upon	17689
acceptance thereof by that governmental agency, that function may	17690
be carried out with the full force and effect as if performed by	17691
the commission. Any such designation shall be made only by formal	17692
action or written agreement of the commission. In the management	17693
of capital facilities or performance of other functions with	17694
respect thereto, a governmental agency may exercise all powers	17695
which it has under law with respect to other similar facilities	17696
under its jurisdiction.	17697

Contracts relating to capital facilities shall be made in	17698
accordance with the law pertaining to the governmental agency	17699
designated under authority of this section to perform such	17700
contracting function, and in any other case shall be made in	17701
accordance with Chapter 153. of the Revised Code, for which	17702
purpose the commission shall be considered the owner, provided	17703
that the commission may assign the function of owner to the	17704
department of administrative services or other governmental agency	17705
as it determines. The commission may acquire by assignment from	17706
any governmental agency contracts which are not completed and	17707
which involve acquiring, constructing, reconstructing,	17708
rehabilitating, remodeling, renovating, enlarging, improving,	17709
equipping, or furnishing capital facilities, provided that such	17710
governmental agency has complied with the procedures prescribed by	17711
laws for its letting of such contract.	17712

No contract shall be let or assignment thereof accepted under	17713
this section involving performance in accordance with plans and	17714
specifications until such plans and specifications have been	17715
submitted to and approved by the governmental agency to have	17716
responsibility for the management of the capital facilities	17717
provided for in such plans and specifications, which approval	17718
shall be considered to be given if no approval or disapproval is	17719
communicated in writing to the commission or its designee for such	17720
purpose within sixty days following such submission of plans and	17721
specifications. Approval by such governmental agency of changes in	17722
plans and specifications is not required if the director of	17723
administrative services or the designee of the commission for such	17724
purpose shall certify that such changes do not substantially	17725
change the location, character, or extent of such capital	17726
facilities.	17727

Sec. 154.20. (A) Subject to authorization by the general	17728
assembly under section 154.02 of the Revised Code, the issuing	17729
authority may issue obligations pursuant to this chapter to pay	17730
costs of capital facilities for mental hygiene and retardation,	17731
including housing for mental hygiene and retardation patients and	17732
persons with substance use disorders.	17733

(B) Any capital facilities for mental hygiene or retardation,	17734
including housing for mental hygiene and retardation patients and	17735
persons with substance use disorders, may be leased by the	17736
commission to the department of ~~mental health,~~mental health and	17737
addiction services or the department of developmental	17738
disabilities~~, or the department of alcohol and drug addiction~~	17739
~~services~~, and other agreements may be made by the commission and	17740
any one or more of these departments with respect to the use or	17741
purchase of such capital facilities or, subject to the approval of	17742
the director of the department, the commission may lease such	17743
capital facilities to, and make or provide for other agreements	17744
with respect to the use or purchase thereof with, any governmental	17745
agency having authority under law to operate such capital	17746
facilities, and the director of the department may sublease such	17747
capital facilities to, and make other agreements with respect to	17748
the use or purchase thereof with, any such governmental agency,	17749
which may include provisions for transmittal to the mental health	17750
bond service trust fund created under division (E) of this	17751
section, by such governmental agency or by a nonprofit corporation	17752
providing mental hygiene and retardation services for or under	17753
contract with or the supervision of that governmental agency, of	17754
receipts of that agency or nonprofit corporation from charges for	17755
the treatment or care of mental hygiene and retardation patients,	17756
all upon such terms and conditions as the parties may agree upon	17757
and pursuant to this chapter, notwithstanding any other provision	17758
of law affecting the leasing, acquisition, or disposition of	17759
capital facilities by the parties.	17760

(C) For purposes of this section, "available receipts" means	17761
all receipts of the state from charges for the treatment or care	17762
of mental hygiene and retardation patients, including support	17763
payments received under Chapter 5121. of the Revised Code and	17764
moneys required to be transmitted to the mental health bond	17765
service trust fund pursuant to subleases and other agreements	17766
between any of the departments and another governmental agency	17767
pursuant to division (B) of this section as the subleases and	17768
other agreements may be further implemented for internal planning,	17769
budgeting, and accounting purposes pursuant to rules adopted by	17770
the director of ~~mental health,~~mental health and addiction	17771
services or director of developmental disabilities~~, or director of~~	17772
~~alcohol and drug addiction services~~, any revenues or receipts	17773
derived by the commission from the operation, leasing, or other	17774
disposition of capital facilities financed under this section, the	17775
proceeds of obligations issued under this section and sections	17776
154.11 and 154.12 of the Revised Code, and also means any gifts,	17777
grants, donations, and pledges, and receipts therefrom, available	17778
for the payment of bond service charges on such obligations. The	17779
issuing authority may pledge all, or such portion as that	17780
authority determines, of the available receipts to the payment of	17781
bond service charges on obligations issued under this section and	17782
under sections 154.11 and 154.12 of the Revised Code and for the	17783
establishment and maintenance of any reserves, as provided in the	17784
bond proceedings, and make other provisions therein with respect	17785
to such available receipts as authorized by this chapter, which	17786
provisions shall be controlling notwithstanding any other	17787
provision of law pertaining thereto.	17788

(D) The issuing authority may covenant in the bond	17789
proceedings that the state and state agencies shall, so long as	17790
any obligations issued under this section are outstanding, cause	17791
to be charged and collected charges for the treatment or care of	17792
mental hygiene and retardation patients sufficient in amount to	17793
provide for the payment of bond service charges on such	17794
obligations and for the establishment and maintenance of any	17795
reserves, as provided in the bond proceedings, and such covenants	17796
shall be controlling notwithstanding any other provision of law	17797
pertaining to such charges.	17798

(E) There is hereby created the mental health bond service	17799
trust fund, which shall be in the custody of the treasurer of	17800
state but shall be separate and apart from and not a part of the	17801
state treasury. All moneys received by or on account of the	17802
commission or issuing authority or state agencies and required by	17803
the applicable bond proceedings to be deposited, transferred, or	17804
credited to the fund, and all other moneys transferred or	17805
allocated to or received for the purposes of the fund, shall be	17806
deposited with the treasurer of state and credited to such fund,	17807
subject to applicable provisions of the bond proceedings, but	17808
without necessity for any act of appropriation. The mental health	17809
bond service trust fund is a trust fund and is hereby pledged to	17810
the payment of bond service charges on the obligations issued	17811
pursuant to this section and sections 154.11 and 154.12 of the	17812
Revised Code to the extent provided in the applicable bond	17813
proceedings, and payment thereof from such fund shall be made or	17814
provided for by the treasurer of state in accordance with such	17815
bond proceedings without necessity for any act of appropriation.	17816

(F) There is hereby created in the state treasury the mental	17817
health facilities improvement fund. Subject to the bond	17818
proceedings therefor, all of the proceeds of the sale of	17819
obligations pursuant to this section shall be credited to the	17820
fund, except that any accrued interest shall be credited to the	17821
mental health bond service fund. The mental health facilities	17822
improvement fund may also be comprised of gifts, grants,	17823
appropriated moneys, and other sums and securities received to the	17824
credit of such fund. All investment earnings on the cash balance	17825
in the fund shall be credited to the fund. The fund shall be	17826
applied only to the following purposes:	17827

(1) Paying costs of capital facilities for mental hygiene and	17828
retardation, including housing for mental hygiene and retardation	17829
patients or for persons with substance use disorders, under the	17830
jurisdiction of the department of ~~mental health,~~mental health and	17831
addiction services or department of developmental disabilities~~, or~~	17832
~~department of alcohol and drug addiction services~~;	17833

(2) Participating in capital facilities for mental hygiene	17834
and retardation, including housing for mental hygiene and	17835
retardation patients or for persons with substance use disorders,	17836
with the federal government, municipal corporations, counties, or	17837
other governmental agencies, or a nonprofit corporation	17838
specifically chartered to provide a mental health, substance use,	17839
or mental retardation service when such service fulfills a public	17840
purpose, which participation may be by grants or contributions to	17841
them for such capital facilities. Except as provided in division	17842
(G) of this section, the nonprofit corporation may act in concert	17843
with a limited partnership or a limited liability company eligible	17844
to participate in the nonprofit set-aside described in section	17845
42(h)(5) of the "Internal Revenue Code of 1986," 100 Stat. 2198,	17846
26 U.S.C. 42, and the Ohio housing finance agency's housing tax	17847
credit program for the purpose of making use of low-income housing	17848
tax credits in support of housing for mental hygiene and	17849
retardation patients.	17850

(G) A nonprofit corporation providing a mental retardation	17851
service must obtain written approval from the director of	17852
developmental disabilities before acting in concert with a limited	17853
partnership or limited liability company as described in division	17854
(F)(2) of this section. However, the director may issue one	17855
blanket approval for all such nonprofit corporations.	17856

(H) This section is to be applied with other applicable	17857
provisions of this chapter.	17858

Sec. 154.22. (A) Subject to authorization by the general	17859
assembly under section 154.02 of the Revised Code, the issuing	17860
authority may authorize and issue obligations pursuant to this	17861
chapter to pay costs of capital facilities for parks and	17862
recreation.	17863

(B) Any capital facilities for parks and recreation may be	17864
leased by the commission to the department of natural resources	17865
and other agreements may be made by the commission and such	17866
department with respect to the use or purchase of such capital	17867
facilities or, subject to the approval of the director of such	17868
department, the commission may lease such capital facilities to,	17869
and make other agreements with respect to their use or purchase	17870
with, any governmental agency having authority under law to	17871
operate such capital facilities, and the director of such	17872
department may sublease such capital facilities to, and make other	17873
agreements with respect to the use or purchase thereof with, any	17874
such governmental agency, or such director may sublease or	17875
contract for the operation of such capital facilities in	17876
accordance with the applicable provisions of sections 1501.09,	17877
1501.091, and 1501.10 of the Revised Code, all upon such terms and	17878
conditions as the parties may agree upon and pursuant to this	17879
chapter, notwithstanding any other provisions of law affecting the	17880
leasing, acquisition, or disposition of capital facilities by such	17881
parties.	17882

(C) For purposes of this section, "available receipts" means	17883
all receipts, including fees, charges, and rentals, derived or to	17884
be derived from state parks and public service facilities in any	17885
state park or parks, any other receipts of state agencies with	17886
respect to parks and recreational facilities, any revenues or	17887
receipts derived by the commission from the operation, leasing, or	17888
other disposition of capital facilities financed under this	17889
section, the proceeds of obligations issued under this section and	17890
sections 154.11 and 154.12 of the Revised Code, and also means any	17891
gifts, grants, donations, and pledges, and receipts thereon,	17892
available for the payment of bond service charges on obligations	17893
issued under this section. The issuing authority may pledge all,	17894
or such portion as it determines, of the available receipts to the	17895
payment of bond service charges on obligations issued under this	17896
section and sections 154.11 and 154.12 of the Revised Code and for	17897
the establishment and maintenance of any reserves, as provided in	17898
the bond proceedings, and make other provisions therein with	17899
respect to such available receipts as authorized by this chapter,	17900
which provisions shall be controlling notwithstanding any other	17901
provision of law pertaining thereto.	17902

(D) The issuing authority may covenant in the bond proceeding	17903
that the state and state agencies shall, so long as any	17904
obligations issued under this section are outstanding, cause to be	17905
charged and collected fees, charges, and rentals for the use of	17906
state parks and public service facilities and other fees and	17907
charges with respect to parks and recreation sufficient in amount	17908
to provide for the payment of bond service charges on such	17909
obligations and for the establishment and maintenance of any	17910
reserves as provided in the bond proceedings, and such covenants	17911
shall be controlling notwithstanding any other provision of law	17912
pertaining to such charges except any provision of law prohibiting	17913
or limiting charges for the use of swimming facilities of state	17914
parks and public service facilities by persons under sixteen years	17915
of age.	17916

(E) There is hereby created the parks and recreation bond	17917
service trust fund, which shall be in the custody of the treasurer	17918
of state but shall be separate and apart from and not a part of	17919
the state treasury. All moneys received by or on account of the	17920
commission or issuing authority or state agencies and required by	17921
the applicable bond proceedings to be deposited, transferred, or	17922
allocated to or received for the purposes of the trust fund shall	17923
be deposited with the treasurer of state and credited to such	17924
fund, subject to applicable provisions of the bond proceedings but	17925
without necessity for any act of appropriation. The trust fund is	17926
hereby pledged to the payment of bond service charges on the	17927
obligations issued pursuant to this section and sections 154.11	17928
and 154.12 of the Revised Code to the extent provided in the	17929
applicable bond proceedings, and payment thereof from such fund	17930
shall be made or provided for by the treasurer of state in	17931
accordance with such bond proceedings without necessity for any	17932
act of appropriation.	17933

(F) There is hereby created in the state treasury the parks	17934
and recreation improvement fund. Subject to the bond proceedings	17935
therefor, all of the proceeds of the sale of obligations issued	17936
pursuant to this section shall be credited to such fund, except	17937
that any accrued interest received shall be credited to the parks	17938
and recreation bond service trust fund. The parks and recreation	17939
improvement fund may also be comprised of gifts, grants,	17940
appropriated moneys, and other sums and securities received to the	17941
credit of such fund. Such fund shall be applied only to the	17942
purpose of paying costs of capital facilities for parks and	17943
recreation under the jurisdiction of the department of natural	17944
resources or for participation in capital facilities for parks and	17945
recreation with the federal government, municipal corporations,	17946
counties, or other governmental agencies, or any one or more of	17947
them, which participation may be by grants or contributions to	17948
them for such capital facilities. All investment earnings on the	17949
cash balance in the fund shall be credited to the fund.	17950

(G) All state parks shall be exclusively under the control	17951
and administration of the division of parks and recreation. With	17952
the approval of the recreation and resources council, the director	17953
of natural resources may by order remove from the classification	17954
as state parks any of the lands or interests therein referred to	17955
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	17956
subject to the limitations, provisions, and conditions in any	17957
order authorizing state park revenue bonds, in any trust agreement	17958
securing such bonds, or in bond proceedings with respect to	17959
obligations issued pursuant to this section. Lands or interests	17960
therein so removed shall be transferred to other divisions of the	17961
department for administration or may be sold as provided by law.	17962
Proceeds of any sale shall be used or transferred as provided in	17963
the order authorizing state park revenue bonds or in such trust	17964
agreement, or in bond proceedings with respect to obligations	17965
issued pursuant to this section, and if no such provision is made	17966
shall be transferred to the state park fund created by section	17967
1541.22 of the Revised Code.	17968

(H) This section shall be applied with other applicable	17969
provisions of this chapter.	17970

(I) Any instrument by which real property is acquired	17971
pursuant to this section shall identify the agency of the state	17972
that has the use and benefit of the real property as specified in	17973
section 5301.012 of the Revised Code.	17974

Sec. 154.23. (A) Subject to authorization by the general	17975
assembly under section 154.02 of the Revised Code, the issuing	17976
authority may issue obligations pursuant to this chapter to pay	17977
costs of capital facilities for Ohio cultural facilities and Ohio	17978
sports facilities.	17979

(B) The Ohio public facilities commission may lease any	17980
capital facilities for Ohio cultural facilities or Ohio sports	17981
facilities to, and make or provide for other agreements with	17982
respect to the use or purchase of such capital facilities with,	17983
the Ohio ~~cultural~~ facilities construction commission and, with the	17984
Ohio ~~cultural~~ facilities construction commission's approval, any	17985
governmental agency having authority under law to operate such	17986
capital facilities. ~~Any lease or agreement shall be subject to~~	17987
~~Chapter 3383. of the Revised Code.~~	17988

(C) For purposes of this section, "available receipts" means	17989
any revenues or receipts derived by the Ohio public facilities	17990
commission from the operation, leasing, or other disposition of	17991
capital facilities financed under this section, the proceeds of	17992
obligations issued under this section and section 154.11 or 154.12	17993
of the Revised Code, and also means any gifts, grants, donations,	17994
and pledges, and receipts thereon, available for the payment of	17995
bond service charges on obligations issued under this section. The	17996
issuing authority may pledge all, or such portion as it	17997
determines, of the available receipts to the payment of bond	17998
service charges on obligations issued under this section and	17999
section 154.11 or 154.12 of the Revised Code and for the	18000
establishment and maintenance of any reserves, as provided in the	18001
bond proceedings, and make other provisions therein with respect	18002
to such available receipts as authorized by this chapter, which	18003
provisions shall be controlling notwithstanding any other	18004
provision of law pertaining thereto.	18005

(D) There is hereby created one or more funds, as determined	18006
by the issuing authority in the bond proceedings, designated as	18007
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	18008
if more than one such fund, such further identifying name as the	18009
issuing authority determines, which shall be in the custody of the	18010
treasurer of state but shall be separate and apart from and not a	18011
part of the state treasury. All money received by or on account of	18012
the issuing authority or the Ohio ~~cultural~~ facilities construction	18013
commission and required by the applicable bond proceedings to be	18014
deposited, transferred, or credited to the Ohio cultural	18015
facilities ~~commission~~ bond service fund, and all other money	18016
transferred or allocated to or received for the purposes of that	18017
fund shall be deposited with the treasurer of state and credited	18018
to the applicable fund, subject to applicable provisions of the	18019
bond proceedings, but without necessity of any act or	18020
appropriation. The Ohio cultural facilities ~~commission~~ bond	18021
service funds are trust funds and are hereby pledged to the	18022
payment of bond service charges on the applicable obligations	18023
issued pursuant to this section and section 154.11 or 154.12 of	18024
the Revised Code to the extent provided in the applicable bond	18025
proceedings, and payment thereof from such funds shall be made or	18026
provided for by the treasurer of state in accordance with the	18027
applicable bond proceedings without necessity for any act or	18028
appropriation.	18029

(E) This section is to be applied with other applicable	18030
provisions of this chapter.	18031

Sec. 154.25. (A) As used in this section:

18032

(1) "Available community or technical college receipts" means	18033
all money received by a community or technical college or	18034
community or technical college district, including income,	18035
revenues, and receipts from the operation, ownership, or control	18036
of facilities, grants, gifts, donations, and pledges and receipts	18037
therefrom, receipts from fees and charges, the allocated state	18038
share of instruction as defined in section ~~3333.90~~3333.59 of the	18039
Revised Code, and the proceeds of the sale of obligations,	18040
including proceeds of obligations issued to refund obligations	18041
previously issued, but excluding any special fee, and receipts	18042
therefrom, charged pursuant to division (D) of section 154.21 of	18043
the Revised Code.	18044

(2) "Community or technical college," "college," "community	18045
or technical college district," and "district" have the same	18046
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	18047

(3) "Community or technical college capital facilities" means	18048
auxiliary facilities, education facilities, and housing and dining	18049
facilities, as those terms are defined in section 3345.12 of the	18050
Revised Code, to the extent permitted to be financed by the	18051
issuance of obligations under division (A)(2) of section 3357.112	18052
of the Revised Code, that are authorized by sections 3354.121,	18053
3357.112, and 3358.10 of the Revised Code to be financed by	18054
obligations issued by a community or technical college district,	18055
and for which the issuing authority is authorized to issue	18056
obligations pursuant to this section, and includes any one, part	18057
of, or any combination of the foregoing, and further includes site	18058
improvements, utilities, machinery, furnishings, and any separate	18059
or connected buildings, structures, improvements, sites, open	18060
space and green space areas, utilities, or equipment to be used	18061
in, or in connection with the operation or maintenance of, or	18062
supplementing or otherwise related to the services or facilities	18063
to be provided by, such facilities.	18064

(4) "Cost of community or technical college capital	18065
facilities" means the costs of acquiring, constructing,	18066
reconstructing, rehabilitating, remodeling, renovating, enlarging,	18067
improving, equipping, or furnishing community or technical college	18068
capital facilities, and the financing thereof, including the cost	18069
of clearance and preparation of the site and of any land to be	18070
used in connection with community or technical college capital	18071
facilities, the cost of any indemnity and surety bonds and	18072
premiums on insurance, all related direct administrative expenses	18073
and allocable portions of direct costs of the commission and the	18074
issuing authority, community or technical college or community or	18075
technical college district, cost of engineering, architectural	18076
services, design, plans, specifications and surveys, estimates of	18077
cost, legal fees, fees and expenses of trustees, depositories,	18078
bond registrars, and paying agents for obligations, cost of	18079
issuance of obligations and financing costs and fees and expenses	18080
of financial advisers and consultants in connection therewith,	18081
interest on obligations from the date thereof to the time when	18082
interest is to be covered by available receipts or other sources	18083
other than proceeds of those obligations, amounts necessary to	18084
establish reserves as required by the bond proceedings, costs of	18085
audits, the reimbursements of all moneys advanced or applied by or	18086
borrowed from the community or technical college, community or	18087
technical college district, or others, from whatever source	18088
provided, including any temporary advances from state	18089
appropriations, for the payment of any item or items of cost of	18090
community or technical college facilities, and all other expenses	18091
necessary or incident to planning or determining feasibility or	18092
practicability with respect to such facilities, and such other	18093
expenses as may be necessary or incident to the acquisition,	18094
construction, reconstruction, rehabilitation, remodeling,	18095
renovation, enlargement, improvement, equipment, and furnishing of	18096
community or technical college capital facilities, the financing	18097
thereof and the placing of them in use and operation, including	18098
any one, part of, or combination of such classes of costs and	18099
expenses.	18100

(5) "Capital facilities" includes community or technical	18101
college capital facilities.	18102

(6) "Obligations" has the same meaning as in section 154.01	18103
or 3345.12 of the Revised Code, as the context requires.	18104

(B) The issuing authority is authorized to issue revenue	18105
obligations under Section 2i of Article VIII, Ohio Constitution,	18106
on behalf of a community or technical college district and shall	18107
cause the net proceeds thereof, after any deposits of accrued	18108
interest for the payment of bond service charges and after any	18109
deposit of all or such lesser portion as the issuing authority may	18110
direct of the premium received upon the sale of those obligations	18111
for the payment of the bond service charges, to be applied to the	18112
cost of community or technical college capital facilities,	18113
provided that the issuance of such obligations is subject to the	18114
execution of a written agreement in accordance with division (C)	18115
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	18116
and depositing of funds otherwise due the district, or the college	18117
it operates, in respect of its allocated state share of	18118
instruction.	18119

(C) The bond service charges and all other payments required	18120
to be made by the trust agreement or indenture securing the	18121
obligations shall be payable solely from available community or	18122
technical college receipts pledged thereto as provided in the	18123
resolution. The available community or technical college receipts	18124
pledged and thereafter received by the commission are immediately	18125
subject to the lien of such pledge without any physical delivery	18126
thereof or further act, and the lien of any such pledge is valid	18127
and binding against all parties having claims of any kind against	18128
the authority, irrespective of whether those parties have notice	18129
thereof, and creates a perfected security interest for all	18130
purposes of Chapter 1309. of the Revised Code and a perfected lien	18131
for purposes of any real property interest, all without the	18132
necessity for separation or delivery of funds or for the filing or	18133
recording of the resolution, trust agreement, indenture, or other	18134
agreement by which such pledge is created or any certificate,	18135
statement, or other document with respect thereto; and the pledge	18136
of such available community or technical college receipts is	18137
effective and the money therefrom and thereof may be applied to	18138
the purposes for which pledged. Every pledge, and every covenant	18139
and agreement made with respect to the pledge, made in the	18140
resolution may therein be extended to the benefit of the owners	18141
and holders of obligations authorized by this section, and to any	18142
trustee therefor, for the further securing of the payment of the	18143
bond service charges, and all or any rights under any agreement or	18144
lease made under this section may be assigned for such purpose.	18145

(D) This section is to be applied with other applicable	18146
provisions of this chapter.	18147

Sec. 156.02. The executive director of ~~administrative~~	18148
~~services~~the Ohio facilities construction commission may contract	18149
with an energy or a water services company, architect,	18150
professional engineer, contractor, or other person experienced in	18151
the design and implementation of energy or water conservation	18152
measures for a report containing an analysis and recommendations	18153
pertaining to the implementation of energy or water conservation	18154
measures that result in energy, water, or wastewater cost savings,	18155
operating cost savings, or avoided capital costs for the	18156
institution. The report shall include estimates of all costs of	18157
such installations, including the costs of design, engineering,	18158
installation, maintenance, repairs, and debt service, and	18159
estimates of the energy, water, or wastewater cost savings,	18160
operating cost savings, and avoided capital costs created.	18161

Sec. 156.03. (A) If the executive director of ~~administrative~~	18162
~~services~~the Ohio facilities construction commission wishes to	18163
enter into an installment payment contract pursuant to section	18164
156.04 of the Revised Code or any other contract to implement one	18165
or more energy or water saving measures, the executive director	18166
may proceed under Chapter 153. of the Revised Code, or,	18167
alternatively, the executive director may request the controlling	18168
board to exempt the contract from Chapter 153. of the Revised	18169
Code.	18170

If the controlling board by a majority vote approves an	18171
exemption, that chapter shall not apply to the contract and	18172
instead the executive director shall request proposals from at	18173
least three parties for the implementation of the energy or water	18174
saving measures. Prior to providing any interested party a copy of	18175
any such request, the executive director shall advertise, in a	18176
newspaper of general circulation in the county where the contract	18177
is to be performed, and may advertise by electronic means pursuant	18178
to rules adopted by the executive director, the executive	18179
director's intent to request proposals for the implementation of	18180
the energy or water saving measures. The notice shall invite	18181
interested parties to submit proposals for consideration and shall	18182
be published at least thirty days prior to the date for accepting	18183
proposals.	18184

(B) Upon receiving the proposals, the executive director	18185
shall analyze them and, after considering the cost estimates of	18186
each proposal and the availability of funds to pay for each with	18187
current appropriations or by financing the cost of each through an	18188
installment payment contract under section 156.04 of the Revised	18189
Code, may select one or more proposals or reject all proposals. In	18190
selecting proposals, the executive director shall select the one	18191
or more proposals most likely to result in the greatest energy,	18192
water, or wastewater savings, operating costs savings, and avoided	18193
capital costs created.	18194

(C) No contract shall be awarded to implement energy or water	18195
saving measures under this section, unless the executive director	18196
finds that both of the following circumstances exists:	18197

(1) Not less than one-fifteenth of the costs of the contract	18198
shall be paid within two years from the date of purchase;	18199

(2) In the case of a contract for a cogeneration system	18200
described in division (B)(8) of section 156.01 of the Revised	18201
Code, the remaining balance of the cost of the contract shall be	18202
paid within twenty years from the date of purchase, and, in the	18203
case of all other contracts, fifteen years.	18204

Sec. 156.04. (A) In accordance with this section and section	18205
156.03 of the Revised Code, the executive director of	18206
~~administrative services~~the Ohio facilities construction	18207
commission may enter into an installment payment contract for the	18208
implementation of one or more energy or water saving measures. If	18209
the executive director wishes an installment payment contract to	18210
be exempted from Chapter 153. of the Revised Code, the executive	18211
director shall proceed pursuant to section 156.03 of the Revised	18212
Code.	18213

(B) Any installment payment contract under this section shall	18214
provide that all payments, except payments for repairs and	18215
obligations on termination of the contract prior to its	18216
expiration, are to be a stated percentage of calculated energy,	18217
water, or wastewater cost savings, operating costs, and avoided	18218
capital costs attributable to the one or more measures over a	18219
defined period of time and are to be made only to the extent that	18220
those calculated amounts actually occur. No such contract shall	18221
contain either of the following:	18222

(1) A requirement of any additional capital investment or	18223
contribution of funds, other than funds available from state or	18224
federal grants;	18225

(2) In the case of a contract for a cogeneration system	18226
described in division (B)(8) of section 156.01 of the Revised	18227
Code, a payment term longer than twenty years, and, in the case of	18228
all other contracts, a payment term longer than fifteen years.	18229

(C) Any installment payment contract entered into under this	18230
section shall terminate no later than the last day of the fiscal	18231
biennium for which funds have been appropriated to the ~~department~~	18232
~~of administrative services~~Ohio facilities construction commission	18233
by the general assembly and shall be renewed in each succeeding	18234
fiscal biennium in which any balance of the contract remains	18235
unpaid, provided that both an appropriation for that succeeding	18236
fiscal biennium and the certification required by section 126.07	18237
of the Revised Code are made.	18238

(D) Any installment payment contract entered into under this	18239
section shall be eligible for financing provided through the Ohio	18240
air quality development authority under Chapter 3706. of the	18241
Revised Code.	18242

Sec. 156.05. In accordance with Chapter 119. of the Revised	18243
Code, the executive director of ~~administrative services~~the Ohio	18244
facilities construction commission shall adopt, and enforce rules	18245
necessary to administer sections 156.01 to 156.04 of the Revised	18246
Code. Rules adopted under this section shall establish procedures	18247
by which the executive director may authorize in ~~his~~the executive	18248
director's stead the manager of any building owned by the state to	18249
enter into contracts authorized under sections 156.01 to 156.04 of	18250
the Revised Code.	18251

Sec. 166.02. (A) The general assembly finds that many local	18252
areas throughout the state are experiencing economic stagnation or	18253
decline, and that the economic development programs provided for	18254
in this chapter will constitute deserved, necessary reinvestment	18255
by the state in those areas, materially contribute to their	18256
economic revitalization, and result in improving the economic	18257
welfare of all the people of the state. Accordingly, it is	18258
declared to be the public policy of the state, through the	18259
operations of this chapter and other applicable laws adopted	18260
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	18261
and other authority vested in the general assembly, to assist in	18262
and facilitate the establishment or development of eligible	18263
projects or assist and cooperate with any governmental agency in	18264
achieving such purpose.	18265

(B) In furtherance of such public policy and to implement	18266
such purpose, the director of development may:	18267

(1) After consultation with appropriate governmental	18268
agencies, enter into agreements with persons engaged in industry,	18269
commerce, distribution, or research and with governmental agencies	18270
to induce such persons to acquire, construct, reconstruct,	18271
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	18272
otherwise develop, eligible projects and make provision therein	18273
for project facilities and governmental actions, as authorized by	18274
this chapter and other applicable laws, subject to any required	18275
actions by the general assembly or the controlling board and	18276
subject to applicable local government laws and regulations;	18277

(2) Provide for the guarantees and loans as provided for in	18278
sections 166.06 and 166.07 of the Revised Code;	18279

(3) Subject to release of such moneys by the controlling	18280
board, contract for labor and materials needed for, or contract	18281
with others, including governmental agencies, to provide, project	18282
facilities the allowable costs of which are to be paid for or	18283
reimbursed from moneys in the facilities establishment fund, and	18284
contract for the operation of such project facilities;	18285

(4) Subject to release thereof by the controlling board, from	18286
moneys in the facilities establishment fund acquire or contract to	18287
acquire by gift, exchange, or purchase, including the obtaining	18288
and exercise of purchase options, property, and convey or	18289
otherwise dispose of, or provide for the conveyance or disposition	18290
of, property so acquired or contracted to be acquired by sale,	18291
exchange, lease, lease purchase, conditional or installment sale,	18292
transfer, or other disposition, including the grant of an option	18293
to purchase, to any governmental agency or to any other person	18294
without necessity for competitive bidding and upon such terms and	18295
conditions and manner of consideration pursuant to and as the	18296
director determines to be appropriate to satisfy the objectives of	18297
sections 166.01 to 166.11 of the Revised Code;	18298

(5) Retain the services of or employ financial consultants,	18299
appraisers, consulting engineers, superintendents, managers,	18300
construction and accounting experts, attorneys, and employees,	18301
agents, and independent contractors as are necessary in the	18302
director's judgment and fix the compensation for their services;	18303

(6) Receive and accept from any person grants, gifts, and	18304
contributions of money, property, labor, and other things of	18305
value, to be held, used and applied only for the purpose for which	18306
such grants, gifts, and contributions are made;	18307

(7) Enter into appropriate arrangements and agreements with	18308
any governmental agency for the taking or provision by that	18309
governmental agency of any governmental action;	18310

(8) Do all other acts and enter into contracts and execute	18311
all instruments necessary or appropriate to carry out the	18312
provisions of this chapter;	18313

(9) Adopt rules to implement any of the provisions of this	18314
chapter applicable to the director.	18315

(C) The determinations by the director that facilities	18316
constitute eligible projects, that facilities are project	18317
facilities, that costs of such facilities are allowable costs, and	18318
all other determinations relevant thereto or to an action taken or	18319
agreement entered into shall be conclusive for purposes of the	18320
validity and enforceability of rights of parties arising from	18321
actions taken and agreements entered into under this chapter.	18322

(D) Except as otherwise prescribed in this chapter, all	18323
expenses and obligations incurred by the director in carrying out	18324
the director's powers and in exercising the director's duties	18325
under this chapter, shall be payable solely from, as appropriate,	18326
moneys in the facilities establishment fund, the loan guarantee	18327
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	18328
loan fund, the research and development loan fund, the logistics	18329
and distribution infrastructure fund, ~~the logistics and~~	18330
~~distribution infrastructure taxable bond fund,~~ or moneys	18331
appropriated for such purpose by the general assembly. This	18332
chapter does not authorize the director or the issuing authority	18333
under section 166.08 of the Revised Code to incur bonded	18334
indebtedness of the state or any political subdivision thereof, or	18335
to obligate or pledge moneys raised by taxation for the payment of	18336
any bonds or notes issued or guarantees made pursuant to this	18337
chapter.	18338

(E) Any governmental agency may enter into an agreement with	18339
the director, any other governmental agency, or a person to be	18340
assisted under this chapter, to take or provide for the purposes	18341
of this chapter any governmental action it is authorized to take	18342
or provide, and to undertake on behalf and at the request of the	18343
director any action which the director is authorized to undertake	18344
pursuant to divisions (B)(3), (4), and (5) of this section or	18345
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	18346
Code. Governmental agencies of the state shall cooperate with and	18347
provide assistance to the director of development and the	18348
controlling board in the exercise of their respective functions	18349
under this chapter.	18350

Sec. 166.03. (A) There is hereby created the facilities	18351
establishment fund within the state treasury, consisting of	18352
proceeds from the issuance of obligations as specified under	18353
section 166.08 of the Revised Code; the moneys received by the	18354
state from the sources specified in section 166.09 of the Revised	18355
Code; service charges imposed under sections 166.06 and 166.07 of	18356
the Revised Code; any grants, gifts, or contributions of moneys	18357
received by the director of development services to be used for	18358
loans made under section 166.07 of the Revised Code or for the	18359
payment of the allowable costs of project facilities; and all	18360
other moneys appropriated or transferred to the fund. Moneys in	18361
the loan guarantee fund in excess of the loan guarantee reserve	18362
requirement, but subject to the provisions and requirements of any	18363
guarantee contracts, may be transferred to the facilities	18364
establishment fund by the treasurer of state upon the order of the	18365
director of development services. Moneys received by the state	18366
under Chapter 122. of the Revised Code, to the extent allocable to	18367
the utilization of moneys derived from proceeds of the sale of	18368
obligations pursuant to section 166.08 of the Revised Code, shall	18369
be credited to the facilities establishment fund. All investment	18370
earnings on the cash balance in the fund shall be credited to the	18371
fund.	18372

(B) All moneys appropriated or transferred to the facilities	18373
establishment fund may be released at the request of the director	18374
of development services for payment of allowable costs or the	18375
making of loans under section 166.07 of the Revised Code, for	18376
transfer to the loan guarantee fund established in section 166.06	18377
of the Revised Code, or for use for the purpose of or transfer to	18378
the funds established by sections 122.35, 122.42, 122.54, 122.55,	18379
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	18380
and, until July 1, 2003, the fund established by section 166.031	18381
of the Revised Code, and, until July 1, 2007, the fund established	18382
by section 122.26 of the Revised Code, but only for such of those	18383
purposes as are within the authorization of Section 13 of Article	18384
VIII, Ohio Constitution, in all cases subject to the approval of	18385
the controlling board.	18386

(C) The ~~department of~~ development services agency, in the	18387
administration of the facilities establishment fund, is encouraged	18388
to utilize and promote the utilization of, to the maximum	18389
practicable extent, the other existing programs, business	18390
incentives, and tax incentives that department is required or	18391
authorized to administer or supervise.	18392

Sec. 166.04. (A) Prior to entering into each agreement to	18393
provide assistance under sections 166.02, 166.06, and 166.07 of	18394
the Revised Code, the director of development services shall	18395
determine whether the assistance will conform to the requirements	18396
of sections 166.01 to 166.11 of the Revised Code. Such	18397
determination, and the facts upon which it is based, shall be set	18398
forth, where required, by the director in submissions made to the	18399
controlling board when the director seeks a release of moneys	18400
under section 166.02 of the Revised Code. An agreement to provide	18401
assistance under sections 166.02, 166.06, and 166.07 of the	18402
Revised Code shall set forth such determination, which shall be	18403
conclusive for purposes of the validity and enforceability of such	18404
agreement and any loan guarantees, loans, or other agreements	18405
entered into pursuant to such agreement to provide assistance.	18406

(B) Whenever a person applies for financial assistance under	18407
sections 166.02, 166.06, and 166.07 of the Revised Code and the	18408
project for which assistance is requested is to relocate	18409
facilities that are currently being operated by the person and	18410
that are located in another county, municipal corporation, or	18411
township, the ~~director~~person shall provide written notification	18412
of the relocation to the appropriate local governmental bodies ~~and~~	18413
~~state officials~~. ~~The~~Prior to entering into an agreement to	18414
provide the assistance, the director shall verify that such	18415
notification ~~shall contain the following information:~~	18416

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

18417

~~(2) The county, and the municipal corporation or township, in~~	18418
~~which the project for which assistance is requested is located;~~	18419
~~and~~	18420

~~(3) The county, and the municipal corporation or township, in~~	18421
~~which the facility to be replaced is located~~has been provided.	18422

18423

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	18424
means:	18425

~~(a)~~(1) The ~~boards~~board of county commissioners or	18426
legislative ~~authorities~~authority of the county in which the	18427
~~project for which assistance is requested is located and of the~~	18428
~~county in which the~~ facility to be replaced is located;	18429

~~(b)~~(2) The legislative authority of the municipal corporation	18430
or the board of township trustees of the township in which the	18431
~~project for which assistance is requested is located; and~~	18432

~~(c) The legislative authority of the municipal corporation or~~	18433
~~the board of township trustees of the township in which the~~	18434
facility to be replaced is located.	18435

~~(2) "State officials" means:~~

18436

~~(a) The state representative and state senator in whose~~	18437
~~districts the project for which assistance is requested is~~	18438
~~located;~~	18439

~~(b) The state representative and state senator in whose~~	18440
~~districts the facility to be replaced is located.~~	18441

Sec. 166.08. (A) As used in this chapter:

18442

(1) "Bond proceedings" means the resolution, order, trust	18443
agreement, indenture, lease, and other agreements, amendments and	18444
supplements to the foregoing, or any one or more or combination	18445
thereof, authorizing or providing for the terms and conditions	18446
applicable to, or providing for the security or liquidity of,	18447
obligations issued pursuant to this section, and the provisions	18448
contained in such obligations.	18449

(2) "Bond service charges" means principal, including	18450
mandatory sinking fund requirements for retirement of obligations,	18451
and interest, and redemption premium, if any, required to be paid	18452
by the state on obligations.	18453

(3) "Bond service fund" means the applicable fund and	18454
accounts therein created for and pledged to the payment of bond	18455
service charges, which may be, or may be part of, the economic	18456
development bond service fund created by division (S) of this	18457
section including all moneys and investments, and earnings from	18458
investments, credited and to be credited thereto.	18459

(4) "Issuing authority" means the treasurer of state, or the	18460
officer who by law performs the functions of such officer.	18461

(5) "Obligations" means bonds, notes, or other evidence of	18462
obligation including interest coupons pertaining thereto, issued	18463
pursuant to this section.	18464

(6) "Pledged receipts" means all receipts of the state	18465
representing the gross profit on the sale of spirituous liquor, as	18466
referred to in division (B)(4) of section 4301.10 of the Revised	18467
Code, after paying all costs and expenses of the division of	18468
liquor control and providing an adequate working capital reserve	18469
for the division of liquor control as provided in that division,	18470
but excluding the sum required by the second paragraph of section	18471
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	18472
paid into the state treasury; moneys accruing to the state from	18473
the lease, sale, or other disposition, or use, of project	18474
facilities, and from the repayment, including interest, of loans	18475
made from proceeds received from the sale of obligations; accrued	18476
interest received from the sale of obligations; income from the	18477
investment of the special funds; and any gifts, grants, donations,	18478
and pledges, and receipts therefrom, available for the payment of	18479
bond service charges.	18480

(7) "Special funds" or "funds" means, except where the	18481
context does not permit, the bond service fund, and any other	18482
funds, including reserve funds, created under the bond	18483
proceedings, and the economic development bond service fund	18484
created by division (S) of this section to the extent provided in	18485
the bond proceedings, including all moneys and investments, and	18486
earnings from investment, credited and to be credited thereto.	18487

(B) Subject to the limitations provided in section 166.11 of	18488
the Revised Code, the issuing authority, upon the certification by	18489
the director of development or, with respect to eligible advanced	18490
energy projects, the Ohio air quality development authority to the	18491
issuing authority of the amount of moneys or additional moneys	18492
needed in the facilities establishment fund, the loan guarantee	18493
fund, the innovation Ohio loan fund, the innovation Ohio loan	18494
guarantee fund, the research and development loan fund, the	18495
logistics and distribution infrastructure fund, ~~the logistics and~~	18496
~~distribution infrastructure taxable bond fund,~~ the advanced energy	18497
research and development fund, or the advanced energy research and	18498
development taxable fund, as applicable, for the purpose of	18499
paying, or making loans for, allowable costs from the facilities	18500
establishment fund, allowable innovation costs from the innovation	18501
Ohio loan fund, allowable costs from the research and development	18502
loan fund, allowable costs from the logistics and distribution	18503
infrastructure fund, ~~allowable costs from the logistics and~~	18504
~~distribution infrastructure taxable bond fund,~~ allowable costs	18505
from the advanced energy research and development fund, or	18506
allowable costs from the advanced energy research and development	18507
taxable fund, as applicable, or needed for capitalized interest,	18508
for funding reserves, and for paying costs and expenses incurred	18509
in connection with the issuance, carrying, securing, paying,	18510
redeeming, or retirement of the obligations or any obligations	18511
refunded thereby, including payment of costs and expenses relating	18512
to letters of credit, lines of credit, insurance, put agreements,	18513
standby purchase agreements, indexing, marketing, remarketing and	18514
administrative arrangements, interest swap or hedging agreements,	18515
and any other credit enhancement, liquidity, remarketing, renewal,	18516
or refunding arrangements, all of which are authorized by this	18517
section, or providing moneys for the loan guarantee fund or the	18518
innovation Ohio loan guarantee fund, as provided in this chapter	18519
or needed for the purposes of funds established in accordance with	18520
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	18521
122.561, 122.57, and 122.80 of the Revised Code which are within	18522
the authorization of Section 13 of Article VIII, Ohio	18523
Constitution, or, with respect to certain eligible advanced energy	18524
projects, Section 2p of Article VIII, Ohio Constitution, shall	18525
issue obligations of the state under this section in the required	18526
amount; provided that such obligations may be issued to satisfy	18527
the covenants in contracts of guarantee made under section 166.06	18528
or 166.15 of the Revised Code, notwithstanding limitations	18529
otherwise applicable to the issuance of obligations under this	18530
section. The proceeds of such obligations, except for the portion	18531
to be deposited in special funds, including reserve funds, as may	18532
be provided in the bond proceedings, shall as provided in the bond	18533
proceedings be deposited by the director of development to the	18534
facilities establishment fund, the loan guarantee fund, the	18535
innovation Ohio loan guarantee fund, the innovation Ohio loan	18536
fund, the research and development loan fund, or the logistics and	18537
distribution infrastructure fund, ~~or the logistics and~~	18538
~~distribution infrastructure taxable bond fund,~~ or be deposited by	18539
the Ohio air quality development authority to the advanced energy	18540
research and development fund or the advanced energy research and	18541
development taxable fund. Bond proceedings for project financing	18542
obligations may provide that the proceeds derived from the	18543
issuance of such obligations shall be deposited into such fund or	18544
funds provided for in the bond proceedings and, to the extent	18545
provided for in the bond proceedings, such proceeds shall be	18546
deemed to have been deposited into the facilities establishment	18547
fund and transferred to such fund or funds. The issuing authority	18548
may appoint trustees, paying agents, and transfer agents and may	18549
retain the services of financial advisors, accounting experts, and	18550
attorneys, and retain or contract for the services of marketing,	18551
remarketing, indexing, and administrative agents, other	18552
consultants, and independent contractors, including printing	18553
services, as are necessary in the issuing authority's judgment to	18554
carry out this section. The costs of such services are allowable	18555
costs payable from the facilities establishment fund or the	18556
research and development loan fund, allowable innovation costs	18557
payable from the innovation Ohio loan fund, or allowable costs	18558
payable from the logistics and distribution infrastructure fund,	18559
~~the logistics and distribution infrastructure taxable bond fund,~~	18560
the advanced energy research and development fund, or the advanced	18561
energy research and development taxable fund, as applicable.	18562

(C) The holders or owners of such obligations shall have no	18563
right to have moneys raised by taxation obligated or pledged, and	18564
moneys raised by taxation shall not be obligated or pledged, for	18565
the payment of bond service charges. Such holders or owners shall	18566
have no rights to payment of bond service charges from any moneys	18567
accruing to the state from the lease, sale, or other disposition,	18568
or use, of project facilities, or from payment of the principal of	18569
or interest on loans made, or fees charged for guarantees made, or	18570
from any money or property received by the director, treasurer of	18571
state, or the state under Chapter 122. of the Revised Code, or	18572
from any other use of the proceeds of the sale of the obligations,	18573
and no such moneys may be used for the payment of bond service	18574
charges, except for accrued interest, capitalized interest, and	18575
reserves funded from proceeds received upon the sale of the	18576
obligations and except as otherwise expressly provided in the	18577
applicable bond proceedings pursuant to written directions by the	18578
director. The right of such holders and owners to payment of bond	18579
service charges is limited to all or that portion of the pledged	18580
receipts and those special funds pledged thereto pursuant to the	18581
bond proceedings in accordance with this section, and each such	18582
obligation shall bear on its face a statement to that effect.	18583

(D) Obligations shall be authorized by resolution or order of	18584
the issuing authority and the bond proceedings shall provide for	18585
the purpose thereof and the principal amount or amounts, and shall	18586
provide for or authorize the manner or agency for determining the	18587
principal maturity or maturities, not exceeding twenty-five years	18588
from the date of issuance, the interest rate or rates or the	18589
maximum interest rate, the date of the obligations and the dates	18590
of payment of interest thereon, their denomination, and the	18591
establishment within or without the state of a place or places of	18592
payment of bond service charges. Sections 9.98 to 9.983 of the	18593
Revised Code are applicable to obligations issued under this	18594
section, subject to any applicable limitation under section 166.11	18595
of the Revised Code. The purpose of such obligations may be stated	18596
in the bond proceedings in terms describing the general purpose or	18597
purposes to be served. The bond proceedings also shall provide,	18598
subject to the provisions of any other applicable bond	18599
proceedings, for the pledge of all, or such part as the issuing	18600
authority may determine, of the pledged receipts and the	18601
applicable special fund or funds to the payment of bond service	18602
charges, which pledges may be made either prior or subordinate to	18603
other expenses, claims, or payments, and may be made to secure the	18604
obligations on a parity with obligations theretofore or thereafter	18605
issued, if and to the extent provided in the bond proceedings. The	18606
pledged receipts and special funds so pledged and thereafter	18607
received by the state are immediately subject to the lien of such	18608
pledge without any physical delivery thereof or further act, and	18609
the lien of any such pledges is valid and binding against all	18610
parties having claims of any kind against the state or any	18611
governmental agency of the state, irrespective of whether such	18612
parties have notice thereof, and shall create a perfected security	18613
interest for all purposes of Chapter 1309. of the Revised Code,	18614
without the necessity for separation or delivery of funds or for	18615
the filing or recording of the bond proceedings by which such	18616
pledge is created or any certificate, statement or other document	18617
with respect thereto; and the pledge of such pledged receipts and	18618
special funds is effective and the money therefrom and thereof may	18619
be applied to the purposes for which pledged without necessity for	18620
any act of appropriation. Every pledge, and every covenant and	18621
agreement made with respect thereto, made in the bond proceedings	18622
may therein be extended to the benefit of the owners and holders	18623
of obligations authorized by this section, and to any trustee	18624
therefor, for the further security of the payment of the bond	18625
service charges.	18626

(E) The bond proceedings may contain additional provisions as	18627
to:	18628

(1) The redemption of obligations prior to maturity at the	18629
option of the issuing authority at such price or prices and under	18630
such terms and conditions as are provided in the bond proceedings;	18631

(2) Other terms of the obligations;

18632

(3) Limitations on the issuance of additional obligations;

18633

(4) The terms of any trust agreement or indenture securing	18634
the obligations or under which the same may be issued;	18635

(5) The deposit, investment and application of special funds,	18636
and the safeguarding of moneys on hand or on deposit, without	18637
regard to Chapter 131. or 135. of the Revised Code, but subject to	18638
any special provisions of this chapter, with respect to particular	18639
funds or moneys, provided that any bank or trust company which	18640
acts as depository of any moneys in the special funds may furnish	18641
such indemnifying bonds or may pledge such securities as required	18642
by the issuing authority;	18643

(6) Any or every provision of the bond proceedings being	18644
binding upon such officer, board, commission, authority, agency,	18645
department, or other person or body as may from time to time have	18646
the authority under law to take such actions as may be necessary	18647
to perform all or any part of the duty required by such provision;	18648

(7) Any provision that may be made in a trust agreement or	18649
indenture;	18650

(8) Any other or additional agreements with the holders of	18651
the obligations, or the trustee therefor, relating to the	18652
obligations or the security therefor, including the assignment of	18653
mortgages or other security obtained or to be obtained for loans	18654
under section 122.43, 166.07, or 166.16 of the Revised Code.	18655

(F) The obligations may have the great seal of the state or a	18656
facsimile thereof affixed thereto or printed thereon. The	18657
obligations and any coupons pertaining to obligations shall be	18658
signed or bear the facsimile signature of the issuing authority.	18659
Any obligations or coupons may be executed by the person who, on	18660
the date of execution, is the proper issuing authority although on	18661
the date of such bonds or coupons such person was not the issuing	18662
authority. If the issuing authority whose signature or a facsimile	18663
of whose signature appears on any such obligation or coupon ceases	18664
to be the issuing authority before delivery thereof, such	18665
signature or facsimile is nevertheless valid and sufficient for	18666
all purposes as if the former issuing authority had remained the	18667
issuing authority until such delivery; and if the seal to be	18668
affixed to obligations has been changed after a facsimile of the	18669
seal has been imprinted on such obligations, such facsimile seal	18670
shall continue to be sufficient as to such obligations and	18671
obligations issued in substitution or exchange therefor.	18672

(G) All obligations are negotiable instruments and securities	18673
under Chapter 1308. of the Revised Code, subject to the provisions	18674
of the bond proceedings as to registration. The obligations may be	18675
issued in coupon or in registered form, or both, as the issuing	18676
authority determines. Provision may be made for the registration	18677
of any obligations with coupons attached thereto as to principal	18678
alone or as to both principal and interest, their exchange for	18679
obligations so registered, and for the conversion or reconversion	18680
into obligations with coupons attached thereto of any obligations	18681
registered as to both principal and interest, and for reasonable	18682
charges for such registration, exchange, conversion, and	18683
reconversion.	18684

(H) Obligations may be sold at public sale or at private	18685
sale, as determined in the bond proceedings.	18686

Obligations issued to provide moneys for the loan guarantee	18687
fund or the innovation Ohio loan guarantee fund may, as determined	18688
by the issuing authority, be sold at private sale, and without	18689
publication of a notice of sale.	18690

(I) Pending preparation of definitive obligations, the	18691
issuing authority may issue interim receipts or certificates which	18692
shall be exchanged for such definitive obligations.	18693

(J) In the discretion of the issuing authority, obligations	18694
may be secured additionally by a trust agreement or indenture	18695
between the issuing authority and a corporate trustee which may be	18696
any trust company or bank having a place of business within the	18697
state. Any such agreement or indenture may contain the resolution	18698
or order authorizing the issuance of the obligations, any	18699
provisions that may be contained in any bond proceedings, and	18700
other provisions which are customary or appropriate in an	18701
agreement or indenture of such type, including, but not limited	18702
to:	18703

(1) Maintenance of each pledge, trust agreement, indenture,	18704
or other instrument comprising part of the bond proceedings until	18705
the state has fully paid the bond service charges on the	18706
obligations secured thereby, or provision therefor has been made;	18707

(2) In the event of default in any payments required to be	18708
made by the bond proceedings, or any other agreement of the	18709
issuing authority made as a part of the contract under which the	18710
obligations were issued, enforcement of such payments or agreement	18711
by mandamus, the appointment of a receiver, suit in equity, action	18712
at law, or any combination of the foregoing;	18713

(3) The rights and remedies of the holders of obligations and	18714
of the trustee, and provisions for protecting and enforcing them,	18715
including limitations on rights of individual holders of	18716
obligations;	18717

(4) The replacement of any obligations that become mutilated	18718
or are destroyed, lost, or stolen;	18719

(5) Such other provisions as the trustee and the issuing	18720
authority agree upon, including limitations, conditions, or	18721
qualifications relating to any of the foregoing.	18722

(K) Any holders of obligations or trustees under the bond	18723
proceedings, except to the extent that their rights are restricted	18724
by the bond proceedings, may by any suitable form of legal	18725
proceedings, protect and enforce any rights under the laws of this	18726
state or granted by such bond proceedings. Such rights include the	18727
right to compel the performance of all duties of the issuing	18728
authority, the director of development, the Ohio air quality	18729
development authority, or the division of liquor control required	18730
by this chapter or the bond proceedings; to enjoin unlawful	18731
activities; and in the event of default with respect to the	18732
payment of any bond service charges on any obligations or in the	18733
performance of any covenant or agreement on the part of the	18734
issuing authority, the director of development, the Ohio air	18735
quality development authority, or the division of liquor control	18736
in the bond proceedings, to apply to a court having jurisdiction	18737
of the cause to appoint a receiver to receive and administer the	18738
pledged receipts and special funds, other than those in the	18739
custody of the treasurer of state, which are pledged to the	18740
payment of the bond service charges on such obligations or which	18741
are the subject of the covenant or agreement, with full power to	18742
pay, and to provide for payment of bond service charges on, such	18743
obligations, and with such powers, subject to the direction of the	18744
court, as are accorded receivers in general equity cases,	18745
excluding any power to pledge additional revenues or receipts or	18746
other income or moneys of the issuing authority or the state or	18747
governmental agencies of the state to the payment of such	18748
principal and interest and excluding the power to take possession	18749
of, mortgage, or cause the sale or otherwise dispose of any	18750
project facilities.	18751

Each duty of the issuing authority and the issuing	18752
authority's officers and employees, and of each governmental	18753
agency and its officers, members, or employees, undertaken	18754
pursuant to the bond proceedings or any agreement or lease,	18755
lease-purchase agreement, or loan made under authority of this	18756
chapter, and in every agreement by or with the issuing authority,	18757
is hereby established as a duty of the issuing authority, and of	18758
each such officer, member, or employee having authority to perform	18759
such duty, specifically enjoined by the law resulting from an	18760
office, trust, or station within the meaning of section 2731.01 of	18761
the Revised Code.	18762

The person who is at the time the issuing authority, or the	18763
issuing authority's officers or employees, are not liable in their	18764
personal capacities on any obligations issued by the issuing	18765
authority or any agreements of or with the issuing authority.	18766

(L) The issuing authority may authorize and issue obligations	18767
for the refunding, including funding and retirement, and advance	18768
refunding with or without payment or redemption prior to maturity,	18769
of any obligations previously issued by the issuing authority.	18770
Such obligations may be issued in amounts sufficient for payment	18771
of the principal amount of the prior obligations, any redemption	18772
premiums thereon, principal maturities of any such obligations	18773
maturing prior to the redemption of the remaining obligations on a	18774
parity therewith, interest accrued or to accrue to the maturity	18775
dates or dates of redemption of such obligations, and any	18776
allowable costs including expenses incurred or to be incurred in	18777
connection with such issuance and such refunding, funding, and	18778
retirement. Subject to the bond proceedings therefor, the portion	18779
of proceeds of the sale of obligations issued under this division	18780
to be applied to bond service charges on the prior obligations	18781
shall be credited to an appropriate account held by the trustee	18782
for such prior or new obligations or to the appropriate account in	18783
the bond service fund for such obligations. Obligations authorized	18784
under this division shall be deemed to be issued for those	18785
purposes for which such prior obligations were issued and are	18786
subject to the provisions of this section pertaining to other	18787
obligations, except as otherwise provided in this section;	18788
provided that, unless otherwise authorized by the general	18789
assembly, any limitations imposed by the general assembly pursuant	18790
to this section with respect to bond service charges applicable to	18791
the prior obligations shall be applicable to the obligations	18792
issued under this division to refund, fund, advance refund or	18793
retire such prior obligations.	18794

(M) The authority to issue obligations under this section	18795
includes authority to issue obligations in the form of bond	18796
anticipation notes and to renew the same from time to time by the	18797
issuance of new notes. The holders of such notes or interest	18798
coupons pertaining thereto shall have a right to be paid solely	18799
from the pledged receipts and special funds that may be pledged to	18800
the payment of the bonds anticipated, or from the proceeds of such	18801
bonds or renewal notes, or both, as the issuing authority provides	18802
in the resolution or order authorizing such notes. Such notes may	18803
be additionally secured by covenants of the issuing authority to	18804
the effect that the issuing authority and the state will do such	18805
or all things necessary for the issuance of such bonds or renewal	18806
notes in appropriate amount, and apply the proceeds thereof to the	18807
extent necessary, to make full payment of the principal of and	18808
interest on such notes at the time or times contemplated, as	18809
provided in such resolution or order. For such purpose, the	18810
issuing authority may issue bonds or renewal notes in such	18811
principal amount and upon such terms as may be necessary to	18812
provide funds to pay when required the principal of and interest	18813
on such notes, notwithstanding any limitations prescribed by or	18814
for purposes of this section. Subject to this division, all	18815
provisions for and references to obligations in this section are	18816
applicable to notes authorized under this division.	18817

The issuing authority in the bond proceedings authorizing the	18818
issuance of bond anticipation notes shall set forth for such bonds	18819
an estimated interest rate and a schedule of principal payments	18820
for such bonds and the annual maturity dates thereof, and for	18821
purposes of any limitation on bond service charges prescribed	18822
under division (A) of section 166.11 of the Revised Code, the	18823
amount of bond service charges on such bond anticipation notes is	18824
deemed to be the bond service charges for the bonds anticipated	18825
thereby as set forth in the bond proceedings applicable to such	18826
notes, but this provision does not modify any authority in this	18827
section to pledge receipts and special funds to, and covenant to	18828
issue bonds to fund, the payment of principal of and interest and	18829
any premium on such notes.	18830

(N) Obligations issued under this section are lawful	18831
investments for banks, societies for savings, savings and loan	18832
associations, deposit guarantee associations, trust companies,	18833
trustees, fiduciaries, insurance companies, including domestic for	18834
life and domestic not for life, trustees or other officers having	18835
charge of sinking and bond retirement or other special funds of	18836
political subdivisions and taxing districts of this state, the	18837
commissioners of the sinking fund of the state, the administrator	18838
of workers' compensation, the state teachers retirement system,	18839
the public employees retirement system, the school employees	18840
retirement system, and the Ohio police and fire pension fund,	18841
notwithstanding any other provisions of the Revised Code or rules	18842
adopted pursuant thereto by any governmental agency of the state	18843
with respect to investments by them, and are also acceptable as	18844
security for the deposit of public moneys.	18845

(O) Unless otherwise provided in any applicable bond	18846
proceedings, moneys to the credit of or in the special funds	18847
established by or pursuant to this section may be invested by or	18848
on behalf of the issuing authority only in notes, bonds, or other	18849
obligations of the United States, or of any agency or	18850
instrumentality of the United States, obligations guaranteed as to	18851
principal and interest by the United States, obligations of this	18852
state or any political subdivision of this state, and certificates	18853
of deposit of any national bank located in this state and any	18854
bank, as defined in section 1101.01 of the Revised Code, subject	18855
to inspection by the superintendent of banks. If the law or the	18856
instrument creating a trust pursuant to division (J) of this	18857
section expressly permits investment in direct obligations of the	18858
United States or an agency of the United States, unless expressly	18859
prohibited by the instrument, such moneys also may be invested in	18860
no-front-end-load money market mutual funds consisting exclusively	18861
of obligations of the United States or an agency of the United	18862
States and in repurchase agreements, including those issued by the	18863
fiduciary itself, secured by obligations of the United States or	18864
an agency of the United States; and in common trust funds	18865
established in accordance with section 1111.20 of the Revised Code	18866
and consisting exclusively of any such securities, notwithstanding	18867
division (A)(4) of that section. The income from such investments	18868
shall be credited to such funds as the issuing authority	18869
determines, and such investments may be sold at such times as the	18870
issuing authority determines or authorizes.	18871

(P) Provision may be made in the applicable bond proceedings	18872
for the establishment of separate accounts in the bond service	18873
fund and for the application of such accounts only to the	18874
specified bond service charges on obligations pertinent to such	18875
accounts and bond service fund and for other accounts therein	18876
within the general purposes of such fund. Unless otherwise	18877
provided in any applicable bond proceedings, moneys to the credit	18878
of or in the several special funds established pursuant to this	18879
section shall be disbursed on the order of the treasurer of state,	18880
provided that no such order is required for the payment from the	18881
bond service fund when due of bond service charges on obligations.	18882

(Q) The issuing authority may pledge all, or such portion as	18883
the issuing authority determines, of the pledged receipts to the	18884
payment of bond service charges on obligations issued under this	18885
section, and for the establishment and maintenance of any	18886
reserves, as provided in the bond proceedings, and make other	18887
provisions therein with respect to pledged receipts as authorized	18888
by this chapter, which provisions are controlling notwithstanding	18889
any other provisions of law pertaining thereto.	18890

(R) The issuing authority may covenant in the bond	18891
proceedings, and any such covenants are controlling	18892
notwithstanding any other provision of law, that the state and	18893
applicable officers and governmental agencies of the state,	18894
including the general assembly, so long as any obligations are	18895
outstanding, shall:	18896

(1) Maintain statutory authority for and cause to be charged	18897
and collected wholesale and retail prices for spirituous liquor	18898
sold by the state or its agents so that the pledged receipts are	18899
sufficient in amount to meet bond service charges, and the	18900
establishment and maintenance of any reserves and other	18901
requirements provided for in the bond proceedings, and, as	18902
necessary, to meet covenants contained in contracts of guarantee	18903
made under section 166.06 of the Revised Code;	18904

(2) Take or permit no action, by statute or otherwise, that	18905
would impair the exemption from federal income taxation of the	18906
interest on the obligations.	18907

(S) There is hereby created the economic development bond	18908
service fund, which shall be in the custody of the treasurer of	18909
state but shall be separate and apart from and not a part of the	18910
state treasury. All moneys received by or on account of the	18911
issuing authority or state agencies and required by the applicable	18912
bond proceedings, consistent with this section, to be deposited,	18913
transferred, or credited to a bond service fund or the economic	18914
development bond service fund, and all other moneys transferred or	18915
allocated to or received for the purposes of the fund, shall be	18916
deposited and credited to such fund and to any separate accounts	18917
therein, subject to applicable provisions of the bond proceedings,	18918
but without necessity for any act of appropriation. During the	18919
period beginning with the date of the first issuance of	18920
obligations and continuing during such time as any such	18921
obligations are outstanding, and so long as moneys in the	18922
pertinent bond service funds are insufficient to pay all bond	18923
services charges on such obligations becoming due in each year, a	18924
sufficient amount of the gross profit on the sale of spirituous	18925
liquor included in pledged receipts are committed and shall be	18926
paid to the bond service fund or economic development bond service	18927
fund in each year for the purpose of paying the bond service	18928
charges becoming due in that year without necessity for further	18929
act of appropriation for such purpose and notwithstanding anything	18930
to the contrary in Chapter 4301. of the Revised Code. The economic	18931
development bond service fund is a trust fund and is hereby	18932
pledged to the payment of bond service charges to the extent	18933
provided in the applicable bond proceedings, and payment thereof	18934
from such fund shall be made or provided for by the treasurer of	18935
state in accordance with such bond proceedings without necessity	18936
for any act of appropriation.	18937

(T) The obligations, the transfer thereof, and the income	18938
therefrom, including any profit made on the sale thereof, shall at	18939
all times be free from taxation within the state.	18940

Sec. 166.25. (A) The director of development services, with	18941
the approval of the controlling board and subject to the other	18942
applicable provisions of this chapter, may lend money in the	18943
logistics and distribution infrastructure fund ~~and the logistics~~	18944
~~and distribution infrastructure taxable bond fund~~ to persons for	18945
the purpose of paying allowable costs of eligible logistics and	18946
distribution projects.	18947

(B) In determining the eligible logistics and distribution	18948
projects to be assisted and the nature, amount, and terms of	18949
assistance to be provided for an eligible logistics and	18950
distribution project, the director shall consult with appropriate	18951
governmental agencies, including the department of transportation	18952
and the Ohio rail development commission.	18953

(C) Any loan made pursuant to this section shall be evidenced	18954
by a loan agreement, which shall contain such terms as the	18955
director determines necessary or appropriate, including	18956
performance measures and reporting requirements. The director may	18957
take actions necessary or appropriate to collect or otherwise deal	18958
with any loan made under this section, including requiring a loan	18959
recipient to repay the amount of the loan plus interest at a rate	18960
of three per cent above the federal short term interest rate or	18961
any other rate determined by the director.	18962

Sec. 167.03. (A) The council shall have the power to:

18963

(1) Study such area governmental problems common to two or	18964
more members of the council as it deems appropriate, including but	18965
not limited to matters affecting health, safety, welfare,	18966
education, economic conditions, and regional development;	18967

(2) Promote cooperative arrangements and coordinate action	18968
among its members, and between its members and other agencies of	18969
local or state governments, whether or not within Ohio, and the	18970
federal government;	18971

(3) Make recommendations for review and action to the members	18972
and other public agencies that perform functions within the	18973
region;	18974

(4) Promote cooperative agreements and contracts among its	18975
members or other governmental agencies and private persons,	18976
corporations, or agencies;	18977

(5) Operate a public safety answering point in accordance	18978
with Chapter ~~5507~~128. of the Revised Code;	18979

(6) Perform planning directly by personnel of the council, or	18980
under contracts between the council and other public or private	18981
planning agencies.	18982

(B) The council may:

18983

(1) Review, evaluate, comment upon, and make recommendations,	18984
relative to the planning and programming, and the location,	18985
financing, and scheduling of public facility projects within the	18986
region and affecting the development of the area;	18987

(2) Act as an areawide agency to perform comprehensive	18988
planning for the programming, locating, financing, and scheduling	18989
of public facility projects within the region and affecting the	18990
development of the area and for other proposed land development or	18991
uses, which projects or uses have public metropolitan wide or	18992
interjurisdictional significance;	18993

(3) Act as an agency for coordinating, based on metropolitan	18994
wide comprehensive planning and programming, local public	18995
policies, and activities affecting the development of the region	18996
or area.	18997

(C) The council may, by appropriate action of the governing	18998
bodies of the members, perform such other functions and duties as	18999
are performed or capable of performance by the members and	19000
necessary or desirable for dealing with problems of mutual	19001
concern.	19002

(D) The authority granted to the council by this section or	19003
in any agreement by the members thereof shall not displace any	19004
existing municipal, county, regional, or other planning commission	19005
or planning agency in the exercise of its statutory powers.	19006

Sec. 169.02. Subject to division (B) of section 169.01 of	19007
the Revised Code, the following constitute unclaimed funds:	19008

(A) Except as provided in division (R) of this section, any	19009
demand, savings, or matured time deposit account, or matured	19010
certificate of deposit, together with any interest or dividend on	19011
it, less any lawful claims, that is held or owed by a holder which	19012
is a financial organization, unclaimed for a period of five years;	19013

(B) Any funds paid toward the purchase of withdrawable shares	19014
or other interest in a financial organization, and any interest or	19015
dividends on them, less any lawful claims, that is held or owed by	19016
a holder which is a financial organization, unclaimed for a period	19017
of five years;	19018

(C) Except as provided in division (A) of section 3903.45 of	19019
the Revised Code, moneys held or owed by a holder, including a	19020
fraternal association, providing life insurance, including annuity	19021
or endowment coverage, unclaimed for three years after becoming	19022
payable as established from the records of such holder under any	19023
life or endowment insurance policy or annuity contract that has	19024
matured or terminated. An insurance policy, the proceeds of which	19025
are payable on the death of the insured, not matured by proof of	19026
death of the insured is deemed matured and the proceeds payable if	19027
such policy was in force when the insured attained the limiting	19028
age under the mortality table on which the reserve is based.	19029

Moneys otherwise payable according to the records of such	19030
holder are deemed payable although the policy or contract has not	19031
been surrendered as required.	19032

(D) Any deposit made to secure payment or any sum paid in	19033
advance for utility services of a public utility and any amount	19034
refundable from rates or charges collected by a public utility for	19035
utility services held or owed by a holder, less any lawful claims,	19036
that has remained unclaimed for one year after the termination of	19037
the services for which the deposit or advance payment was made or	19038
one year from the date the refund was payable, whichever is	19039
earlier;	19040

(E) Except as provided in division (R) of this section, any	19041
certificates, securities as defined in section 1707.01 of the	19042
Revised Code, nonwithdrawable shares, other instruments evidencing	19043
ownership, or rights to them or funds paid toward the purchase of	19044
them, or any dividend, capital credit, profit, distribution,	19045
interest, or payment on principal or other sum, held or owed by a	19046
holder, including funds deposited with a fiscal agent or fiduciary	19047
for payment of them, and instruments representing an ownership	19048
interest, unclaimed for five years. Any underlying share or other	19049
intangible instrument representing an ownership interest in a	19050
business association, in which the issuer has recorded on its	19051
books the issuance of the share but has been unable to deliver the	19052
certificate to the shareholder, constitutes unclaimed funds if	19053
such underlying share is unclaimed for five years. In addition, an	19054
underlying share constitutes unclaimed funds if a dividend,	19055
distribution, or other sum payable as a result of the underlying	19056
share has remained unclaimed by the owner for five years.	19057

This division shall not prejudice the rights of fiscal agents	19058
or fiduciaries for payment to return the items described in this	19059
division to their principals, according to the terms of an agency	19060
or fiduciary agreement, but such a return shall constitute the	19061
principal as the holder of the items and shall not interrupt the	19062
period for computing the time for which the items have remained	19063
unclaimed.	19064

In the case of any such funds accruing and held or owed by a	19065
corporation under division (E) of section 1701.24 of the Revised	19066
Code, such corporation shall comply with this chapter, subject to	19067
the limitation contained in section 1701.34 of the Revised Code.	19068
The period of time for which such funds have gone unclaimed	19069
specified in section 1701.34 of the Revised Code shall be	19070
computed, with respect to dividends or distributions, commencing	19071
as of the dates when such dividends or distributions would have	19072
been payable to the shareholder had such shareholder surrendered	19073
the certificates for cancellation and exchange by the date	19074
specified in the order relating to them.	19075

Capital credits of a cooperative which after January 1, 1972,	19076
have been allocated to members and which by agreement are	19077
expressly required to be paid if claimed after death of the owner	19078
are deemed payable, for the purpose of this chapter, fifteen years	19079
after either the termination of service by the cooperative to the	19080
owner or upon the nonactivity as provided in division (B) of	19081
section 169.01 of the Revised Code, whichever occurs later,	19082
provided that this provision does not apply if the payment is not	19083
mandatory.	19084

(F) Any sum payable on certified checks or other written	19085
instruments certified or issued and representing funds held or	19086
owed by a holder, less any lawful claims, that are unclaimed for	19087
five years from the date payable or from the date of issuance if	19088
payable on demand; except that the unclaimed period for money	19089
orders that are not third party bank checks is seven years, and	19090
the unclaimed period for traveler's checks is fifteen years, from	19091
the date payable or from the date of issuance if payable on	19092
demand.	19093

As used in this division, "written instruments" include, but	19094
are not limited to, certified checks, cashier's checks, bills of	19095
exchange, letters of credit, drafts, money orders, and traveler's	19096
checks.	19097

If there is no address of record for the owner or other	19098
person entitled to the funds, such address is presumed to be the	19099
address where the instrument was certified or issued.	19100

(G) Except as provided in division (R) of this section, all	19101
moneys, rights to moneys, or other intangible property, arising	19102
out of the business of engaging in the purchase or sale of	19103
securities, or otherwise dealing in intangibles, less any lawful	19104
claims, that are held or owed by a holder and are unclaimed for	19105
five years from the date of transaction.	19106

(H) Except as provided in division (A) of section 3903.45 of	19107
the Revised Code, all moneys, rights to moneys, and other	19108
intangible property distributable in the course of dissolution or	19109
liquidation of a holder that are unclaimed for one year after the	19110
date set by the holder for distribution;	19111

(I) All moneys, rights to moneys, or other intangible	19112
property removed from a safe-deposit box or other safekeeping	19113
repository located in this state or removed from a safe-deposit	19114
box or other safekeeping repository of a holder, on which the	19115
lease or rental period has expired, or any amount arising from the	19116
sale of such property, less any lawful claims, that are unclaimed	19117
for three years from the date on which the lease or rental period	19118
expired;	19119

(J) Subject to division (M)(2) of this section, all moneys,	19120
rights to moneys, or other intangible property, and any income or	19121
increment on them, held or owed by a holder which is a fiduciary	19122
for the benefit of another, or a fiduciary or custodian of a	19123
qualified retirement plan or individual retirement arrangement	19124
under section 401 or 408 of the Internal Revenue Code, unclaimed	19125
for three years after the final date for distribution;	19126

(K) All moneys, rights to moneys, or other intangible	19127
property held or owed in this state or held for or owed to an	19128
owner whose last known address is within this state, by the United	19129
States government or any state, as those terms are described in	19130
division (E) of section 169.01 of the Revised Code, unclaimed by	19131
the owner for three years, excluding any property in the control	19132
of any court in a proceeding in which a final adjudication has not	19133
been made;	19134

(L) Amounts payable pursuant to the terms of any policy of	19135
insurance, other than life insurance, or any refund available	19136
under such a policy, held or owed by any holder, unclaimed for	19137
three years from the date payable or distributable;	19138

(M)(1) Subject to division (M)(2) of this section, any funds	19139
constituting rents or lease payments due, any deposit made to	19140
secure payment of rents or leases, or any sum paid in advance for	19141
rents, leases, possible damage to property, unused services,	19142
performance requirements, or any other purpose, held or owed by a	19143
holder unclaimed for one year;	19144

(2) Any escrow funds, security deposits, or other moneys that	19145
are received by a licensed broker in a fiduciary capacity and	19146
that, pursuant to division (A)(26) of section 4735.18 of the	19147
Revised Code, are required to be deposited into and maintained in	19148
a special or trust, noninterest-bearing bank account separate and	19149
distinct from any personal or other account of the licensed	19150
broker, held or owed by the licensed broker unclaimed for two	19151
years.	19152

(N) Any sum greater than fifty dollars payable as wages, any	19153
sum payable as salaries or commissions, any sum payable for	19154
services rendered, funds owed or held as royalties, oil and	19155
mineral proceeds, funds held for or owed to suppliers, and moneys	19156
owed under pension and profit-sharing plans, held or owed by any	19157
holder unclaimed for one year from date payable or distributable,	19158
and all other credits held or owed, or to be refunded to a retail	19159
customer, by any holder unclaimed for three years from date	19160
payable or distributable;	19161

(O) Amounts held in respect of or represented by lay-aways	19162
sold after January 1, 1972, less any lawful claims, when such	19163
lay-aways are unclaimed for three years after the sale of them;	19164

(P) All moneys, rights to moneys, and other intangible	19165
property not otherwise constituted as unclaimed funds by this	19166
section, including any income or increment on them, less any	19167
lawful claims, which are held or owed by any holder, other than a	19168
holder which holds a permit issued pursuant to Chapter 3769. of	19169
the Revised Code, and which have remained unclaimed for three	19170
years after becoming payable or distributable;	19171

(Q) All moneys that arise out of a sale held pursuant to	19172
section 5322.03 of the Revised Code, that are held by a holder for	19173
delivery on demand to the appropriate person pursuant to division	19174
(I) of that section, and that are unclaimed for two years after	19175
the date of the sale.	19176

(R)(1) Any funds that are subject to an agreement between the	19177
holder and owner providing for automatic reinvestment and that	19178
constitute dividends, distributions, or other sums held or owed by	19179
a holder in connection with a security as defined in section	19180
1707.01 of the Revised Code, an ownership interest in an	19181
investment company registered under the "Investment Company Act of	19182
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	19183
of deposit, unclaimed for a period of five years.	19184

(2) The five-year period under division (R)(1) of this	19185
section commences from the date a second shareholder notification	19186
or communication mailing to the owner of the funds is returned to	19187
the holder as undeliverable by the United States postal service or	19188
other carrier. The notification or communication mailing by the	19189
holder shall be no less frequent than quarterly.	19190

All moneys in a personal allowance account, as defined by	19191
rules adopted by the medicaid director ~~of job and family services~~,	19192
up to and including the maximum resource limitation, of a medicaid	19193
~~patient~~recipient who has died after receiving care in a long-term	19194
care facility, and for whom there is no identifiable heir or	19195
sponsor, are not subject to this chapter.	19196

Sec. 169.05. (A) Every holder required to file a report	19197
under section 169.03 of the Revised Code shall, at the time of	19198
filing, pay to the director of commerce ten per cent of the	19199
aggregate amount of unclaimed funds as shown on the report, except	19200
for aggregate amounts of fifty dollars or less in which case one	19201
hundred per cent shall be paid. The funds may be deposited by the	19202
director in the state treasury to the credit of the unclaimed	19203
funds trust fund, which is hereby created, or placed with a	19204
financial organization. Any interest earned on money in the trust	19205
fund shall be credited to the trust fund. The remainder of the	19206
aggregate amount of unclaimed funds as shown on the report, plus	19207
earnings accrued to date of payment to the director, shall, at the	19208
option of the director, be retained by the holder or paid to the	19209
director for deposit as agent for the mortgage funds with a	19210
financial organization as defined in section 169.01 of the Revised	19211
Code, with the funds to be in income-bearing accounts to the	19212
credit of the mortgage funds, or the holder may enter into an	19213
agreement with the director specifying the obligations of the	19214
United States in which funds are to be invested, and agree to pay	19215
the interest on the obligations to the state. Holders retaining	19216
any funds not in obligations of the United States shall enter into	19217
an agreement with the director specifying the classification of	19218
income-bearing account in which the funds will be held and pay the	19219
state interest on the funds at a rate equal to the prevailing	19220
market rate for similar funds. Moneys that the holder is required	19221
to pay to the director rather than to retain may be deposited with	19222
the treasurer of state, or placed with a financial organization.	19223

Securities and other intangible property transferred to the	19224
director shall, within a reasonable time, be converted to cash and	19225
the proceeds deposited as provided for other funds.	19226

One-half of the funds evidenced by agreements, in	19227
income-bearing accounts, or on deposit with the treasurer of state	19228
shall be allocated on the records of the director to the mortgage	19229
insurance fund created by section 122.561 of the Revised Code. Out	19230
of the remaining half, after allocation of sufficient moneys to	19231
the minority business bonding fund to meet the provisions of	19232
division (B) of this section, the remainder shall be allocated on	19233
the records of the director to the housing development fund	19234
created by division (A) of section 175.11 of the Revised Code.	19235

(B) The director shall serve as agent for the director of	19236
development and as agent for the Ohio housing finance agency in	19237
making deposits and withdrawals and maintaining records pertaining	19238
to the minority business bonding fund created by section 122.88 of	19239
the Revised Code, the mortgage insurance fund, and the housing	19240
development fund created by section 175.11 of the Revised Code.	19241
Funds from the mortgage insurance fund are available to the	19242
director of development when those funds are to be disbursed to	19243
prevent or cure, or upon the occurrence of, a default of a	19244
mortgage insured pursuant to section 122.451 of the Revised Code.	19245
Funds from the housing development fund are available upon request	19246
to the Ohio housing finance agency, in an amount not to exceed the	19247
funds allocated on the records of the director, for the purposes	19248
of section 175.05 of the Revised Code. Funds from the minority	19249
business bonding fund are available to the director of development	19250
upon request to pay obligations on bonds the director writes	19251
pursuant to section 122.88 of the Revised Code; except that,	19252
unless the general assembly authorizes additional amounts, the	19253
total maximum amount of moneys that may be allocated to the	19254
minority business bonding fund under this division is ten million	19255
dollars.	19256

When funds are to be disbursed, the appropriate agency shall	19257
call upon the director to transfer the necessary funds to it. The	19258
director shall first withdraw the funds paid by the holders and	19259
deposited with the treasurer of state or in a financial	19260
institution as agent for the funds. Whenever these funds are	19261
inadequate to meet the request, the director shall provide for a	19262
withdrawal of funds, within a reasonable time and in the amount	19263
necessary to meet the request, from financial institutions in	19264
which the funds were retained or placed by a holder and from other	19265
holders who have retained funds, in an equitable manner as the	19266
director prescribes. In the event that the amount to be withdrawn	19267
from any one holder is less than five hundred dollars, the amount	19268
to be withdrawn is at the director's discretion. The director	19269
shall then transfer to the agency the amount of funds requested.	19270

Funds deposited in the unclaimed funds trust fund are subject	19271
to call by the director when necessary to pay claims the director	19272
allows under section 169.08 of the Revised Code, in accordance	19273
with the director's rules, to defray the necessary costs of making	19274
publications this chapter requires and to pay other operating and	19275
administrative expenses the department of commerce incurs in the	19276
administration and enforcement of this chapter.	19277

The unclaimed funds trust fund shall be assessed a	19278
proportionate share of the administrative costs of the department	19279
of commerce in accordance with procedures the director of commerce	19280
prescribes and the director of budget and management approves. The	19281
assessment shall be paid from the unclaimed funds trust fund to	19282
the division of administration fund.	19283

(C) Earnings on the accounts in financial organizations to	19284
the credit of the mortgage funds shall, at the option of the	19285
financial organization, be credited to the accounts at times and	19286
at rates as earnings are paid on other accounts of the same	19287
classification held in the financial organization or paid to the	19288
director. The director shall be notified annually, and at other	19289
times as the director may request, of the amount of the earnings	19290
credited to the accounts. Interest on unclaimed funds a holder	19291
retains shall be paid to the director or credited as specified in	19292
the agreement under which the organization retains the funds.	19293
Interest payable to the director under an agreement to invest	19294
unclaimed funds ~~and~~in income-bearing accounts or obligations of	19295
the United States shall be paid annually by the holder to the	19296
director. Any earnings or interest the director receives under	19297
this division shall be deposited in and credited to the mortgage	19298
funds.	19299

Sec. 169.07. (A) Upon the payment of unclaimed funds to the	19300
director of commerce under section 169.05 of the Revised Code the	19301
holder will be relieved of further responsibility for the	19302
safe-keeping thereof and will be held harmless by the state from	19303
any and all liabilities for any claim arising out of the transfer	19304
of such funds to the state.	19305

(B) If legal proceedings are instituted against a holder	19306
which has paid unclaimed funds to the director or entered into an	19307
agreement as provided in section 169.05 of the Revised Code in	19308
respect to such funds, such holder shall notify the director in	19309
writing of the pendency of such proceedings and the director shall	19310
intervene and assume the defense of such proceedings. Failure to	19311
give such notice shall absolve the state from any and all	19312
liability which it may have with regard to such funds. If judgment	19313
is entered against such holder, the director shall, upon proof of	19314
satisfaction of such judgment, forthwith reimburse such	19315
organization for the amount of the judgment or enter into an	19316
agreement modified to reflect the satisfaction of such judgment,	19317
if the holder retained such funds, and shall reimburse such holder	19318
for any legal fees, costs and other expenses incurred in such	19319
proceedings in the manner provided for the payment of claims under	19320
~~division~~divisions (D) and (E) of section 169.08 of the Revised	19321
Code.	19322

Sec. 169.08. (A) The director shall pay to the owner or	19323
other person who has established the right to payment under this	19324
section, funds from the unclaimed funds trust fund in an amount	19325
equal to the amount of property delivered or reported to the	19326
director, or equal to the net proceeds if the securities or other	19327
property have been sold, together with interest earned by the	19328
state if required to be paid under division (D) of this section.	19329
Any person claiming a property interest in unclaimed funds	19330
delivered or reported to the state under Chapter 169. of the	19331
Revised Code, including the office of child support in the	19332
department of job and family services, pursuant to section 3123.88	19333
of the Revised Code, may file a claim thereto on the form	19334
prescribed by the director of commerce.	19335

(B) The director shall consider matters relevant to any claim	19336
filed under division (A) of this section and shall hold a formal	19337
hearing if requested or considered necessary and receive evidence	19338
concerning such claim. A finding and decision in writing on each	19339
claim filed shall be prepared, stating the substance of any	19340
evidence received or heard and the reasons for allowance or	19341
disallowance of the claim. The evidence and decision shall be a	19342
public record. No statute of limitations shall bar the allowance	19343
of a claim.	19344

(C) For the purpose of conducting any hearing, the director	19345
may require the attendance of such witnesses and the production of	19346
such books, records, and papers as the director desires, and the	19347
director may take the depositions of witnesses residing within or	19348
without this state in the same manner as is prescribed by law for	19349
the taking of depositions in civil actions in the court of common	19350
pleas, and for that purpose the director may issue a subpoena for	19351
any witness or a subpoena duces tecum to compel the production of	19352
any books, records, or papers, directed to the sheriff of the	19353
county where such witness resides or is found, which shall be	19354
served and returned. The fees of the sheriff shall be the same as	19355
that allowed in the court of common pleas in criminal cases.	19356
Witnesses shall be paid the fees and mileage provided for under	19357
section 119.094 of the Revised Code. Fees and mileage shall be	19358
paid from the unclaimed funds trust fund.	19359

(D) Interest ~~is not~~earned by the state shall be payable to	19360
claimants of unclaimed funds held by the state in accordance with	19361
final court orders derived from the Sogg v. Zurz, 121 Ohio St.3d	19362
449 (2009), line of cases and final settlement agreement	19363
determining payment of interest on unclaimed funds. For properties	19364
received by the state on or before July 26, 1991, interest shall	19365
be paid at a rate of six per cent per annum from the date the	19366
state received the property up to and including July 26, 1991. No	19367
interest shall be payable on any properties for the period from	19368
July 27, 1991, up to and including August 2, 2000. For properties	19369
held by the state on August 3, 2000, or after, interest shall be	19370
paid at the applicable required rate per annum for the period held	19371
from August 3, 2000, or the date of receipt, whichever is later,	19372
up to and including the date the claim is paid. ~~Claims~~	19373

(E) Claims shall be paid from the trust fund. If the amount	19374
available in the trust fund is not sufficient to pay pending	19375
claims, or other amounts disbursable from the trust fund, the	19376
treasurer of state shall certify such fact to the director, who	19377
shall then withdraw such amount of funds from the mortgage	19378
accounts as the director determines necessary to reestablish the	19379
trust fund to a level required to pay anticipated claims but not	19380
more than ten per cent of the net unclaimed funds reported to	19381
date.	19382

The director may withdraw the funds paid to the director by	19383
the holders and deposited by the director with the treasurer of	19384
state or in a financial institution as agent for such funds.	19385
Whenever these funds are inadequate to meet the requirements for	19386
the trust fund, the director shall provide for a withdrawal of	19387
funds, within a reasonable time, in such amount as is necessary to	19388
meet the requirements, from financial institutions in which such	19389
funds were retained or placed by a holder and from other holders	19390
who have retained funds, in an equitable manner as prescribed by	19391
the director. In the event that the amount to be withdrawn from	19392
any one such holder is less than five hundred dollars, the amount	19393
to be withdrawn shall be at the discretion of the director. Such	19394
funds may be reimbursed in the amounts withdrawn when the trust	19395
fund has a surplus over the amount required to pay anticipated	19396
claims. Whenever the trust fund has a surplus over the amount	19397
required to pay anticipated claims, the director may transfer such	19398
surplus to the mortgage accounts.	19399

~~(E)~~(F) If a claim which is allowed under this section relates	19400
to funds which have been retained by the reporting holder, and if	19401
the funds, on deposit with the treasurer of state pursuant to this	19402
chapter, are insufficient to pay claims, the director may notify	19403
such holder in writing of the payment of the claim and such holder	19404
shall immediately reimburse the state in the amount of such claim.	19405
The reimbursement shall be credited to the unclaimed funds trust	19406
fund.	19407

~~(F)~~(G) Any person, including the office of child support,	19408
adversely affected by a decision of the director may appeal such	19409
decision in the manner provided in Chapter 119. of the Revised	19410
Code.	19411

In the event the claimant prevails, the claimant shall be	19412
reimbursed for reasonable attorney's fees and costs.	19413

~~(G)~~(H) Notwithstanding anything to the contrary in this	19414
chapter, any holder who has paid moneys to or entered into an	19415
agreement with the director pursuant to section 169.05 of the	19416
Revised Code on certified checks, cashiers' checks, bills of	19417
exchange, letters of credit, drafts, money orders, or travelers'	19418
checks, may make payment to any person entitled thereto, including	19419
the office of child support, and upon surrender of the document,	19420
except in the case of travelers' checks, and proof of such	19421
payment, the director shall reimburse the holder for such payment	19422
without interest.	19423

Sec. 173.03. (A) There is hereby created the Ohio advisory	19424
council for the aging, which shall consist of twelve members to be	19425
appointed by the governor with the advice and consent of the	19426
senate. Two ex officio members of the council shall be members of	19427
the house of representatives appointed by the speaker of the house	19428
of representatives and shall be members of two different political	19429
parties. Two ex officio members of the council shall be members of	19430
the senate appointed by the president of the senate and shall be	19431
members of two different political parties. The medicaid director	19432
and directors of ~~mental health~~mental health and addiction	19433
services, developmental disabilities, health, and job and family	19434
services, or their designees, shall serve as ex officio members of	19435
the council. The council shall carry out its role as defined under	19436
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	19437
as amended.	19438

At the first meeting of the council, and annually thereafter,	19439
the members shall select one of their members to serve as	19440
chairperson and one of their members to serve as vice-chairperson.	19441

(B) Members of the council shall be appointed for a term of	19442
three years, except that for the first appointment members of the	19443
Ohio commission on aging who were serving on the commission	19444
immediately prior to July 26, 1984, shall become members of the	19445
council for the remainder of their unexpired terms. Thereafter,	19446
appointment to the council shall be for a three-year term by the	19447
governor. Each member shall hold office from the date of	19448
appointment until the end of the term for which the member was	19449
appointed. Any member appointed to fill a vacancy occurring prior	19450
to the expiration of the term for which the member's predecessor	19451
was appointed shall hold office for the remainder of the term. No	19452
member shall continue in office subsequent to the expiration date	19453
of the member's term unless reappointed under the provisions of	19454
this section, and no member shall serve more than three	19455
consecutive terms on the council.	19456

(C) Membership of the council shall represent all areas of	19457
Ohio and shall be as follows:	19458

(1) A majority of members of the council shall have attained	19459
the age of ~~sixty~~fifty and have a knowledge of and continuing	19460
interest in the affairs and welfare of the older citizens of Ohio.	19461
The fields of business, labor, health, law, and human services	19462
shall be represented in the membership.	19463

(2) No more than seven members shall be of the same political	19464
party.	19465

(D) Any member of the council may be removed from office by	19466
the governor for neglect of duty, misconduct, or malfeasance in	19467
office after being informed in writing of the charges and afforded	19468
an opportunity for a hearing. Two consecutive unexcused absences	19469
from regularly scheduled meetings constitute neglect of duty.	19470

(E) The director of aging may reimburse a member for actual	19471
and necessary traveling and other expenses incurred in the	19472
discharge of official duties. But reimbursement shall be made in	19473
the manner and at rates that do not exceed those prescribed by the	19474
director of budget and management for any officer, member, or	19475
employee of, or consultant to, any state agency.	19476

(F) Council members are not limited as to the number of terms	19477
they may serve.	19478

(G)(1) The department of aging may award grants to or enter	19479
into contracts with a member of the advisory council or an entity	19480
that the member represents if any of the following apply:	19481

(a) The department determines that the member or the entity	19482
the member represents is capable of providing the goods or	19483
services specified under the terms of the grant or contract.	19484

(b) The member has not taken part in any discussion or vote	19485
of the council related to whether the council should recommend	19486
that the department of aging award the grant to or enter into the	19487
contract with the member of the advisory council or the entity	19488
that the member represents.	19489

(2) A member of the advisory council is not in violation of	19490
Chapter 102. or section 2921.42 of the Revised Code with regard to	19491
receiving a grant or entering into a contract under this section	19492
if the conditions of division (G)(1)(a) and (b) of this section	19493
have been met.	19494

Sec. 173.14. As used in sections 173.14 to 173.27 of the	19495
Revised Code:	19496

(A)(1) Except as otherwise provided in division (A)(2) of	19497
this section, "long-term care facility" includes any residential	19498
facility that provides personal care services for more than	19499
twenty-four hours for one or more unrelated adults, including all	19500
of the following:	19501

(a) A "nursing home," "residential care facility," or "home	19502
for the aging" as defined in section 3721.01 of the Revised Code;	19503

(b) A facility authorized to provide extended care services	19504
under Title XVIII of the "Social Security Act," 49 Stat. 620	19505
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19506
care hospital that provides medical and rehabilitative care to	19507
patients who require an average length of stay greater than	19508
twenty-five days and is classified by the centers for medicare and	19509
medicaid services as a long-term care hospital pursuant to 42	19510
C.F.R. 412.23(e);	19511

(c) A county home or district home operated pursuant to	19512
Chapter 5155. of the Revised Code;	19513

(d) A residential facility licensed under section ~~5119.22~~	19514
5119.34 of the Revised Code that provides accommodations,	19515
supervision, and personal care services for three to sixteen	19516
unrelated adults or accommodations and personal care services for	19517
only one or two adults who are ~~recipients under the~~receiving	19518
residential state supplement program;	19519

(e) A facility approved by the veterans administration under	19520
section 104(a) of the "Veterans Health Care Amendments of 1983,"	19521
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19522
the placement and care of veterans.	19523

(2) "Long-term care facility" does not include a residential	19524
facility licensed under section 5123.19 of the Revised Code.	19525

(B) "Resident" means a resident of a long-term care facility	19526
and, where appropriate, includes a prospective, previous, or	19527
deceased resident of a long-term care facility.	19528

(C) "Community-based long-term care services" means health	19529
and social services provided to persons in their own homes or in	19530
community care settings, and includes any of the following:	19531

(1) Case management;

19532

(2) Home health care;

19533

(3) Homemaker services;

19534

(4) Chore services;

19535

(5) Respite care;

19536

(6) Adult day care;

19537

(7) Home-delivered meals;

19538

(8) Personal care;

19539

(9) Physical, occupational, and speech therapy;

19540

(10) Transportation;

19541

(11) Any other health and social services provided to persons	19542
that allow them to retain their independence in their own homes or	19543
in community care settings.	19544

(D) "Recipient" means a recipient of community-based	19545
long-term care services and, where appropriate, includes a	19546
prospective, previous, or deceased recipient of community-based	19547
long-term care services.	19548

(E) "Sponsor" means an adult relative, friend, or guardian	19549
who has an interest in or responsibility for the welfare of a	19550
resident or a recipient.	19551

(F) "Personal care services" has the same meaning as in	19552
section 3721.01 of the Revised Code.	19553

(G) "Regional long-term care ~~ombudsperson~~ombudsman program"	19554
means an entity, either public or private and nonprofit,	19555
designated as a regional long-term care ~~ombudsperson~~ombudsman	19556
program by the state long-term care ~~ombudsperson~~ombudsman.	19557

(H) "Representative of the office of the state long-term care	19558
~~ombudsperson~~ombudsman program" means the state long-term care	19559
~~ombudsperson~~ombudsman or a member of the ~~ombudsperson's~~	19560
ombudsman's staff, or a person certified as a representative of	19561
the office under section 173.21 of the Revised Code.	19562

(I) "Area agency on aging" means an area agency on aging	19563
established under the "Older Americans Act of 1965," 79 Stat. 219,	19564
42 U.S.C.A. 3001, as amended.	19565

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	19566
ombudsman shall do all of the following:	19567

(1) Appoint a staff and direct and administer the work of the	19568
staff;	19569

(2) Supervise the nursing home investigative unit established	19570
under division (I) of section 173.01 of the Revised Code;	19571

(3) Oversee the performance and operation of the office of	19572
the state long-term care ~~ombudsperson~~ombudsman program, including	19573
the operation of regional long-term care ~~ombudsperson~~ombudsman	19574
programs;	19575

(4) Establish and maintain a statewide uniform reporting	19576
system to collect and analyze information relating to complaints	19577
and conditions in long-term care facilities and complaints	19578
regarding the provision of community-based long-term care services	19579
for the purpose of identifying and resolving significant problems;	19580

(5) Provide for public forums to discuss concerns and	19581
problems relating to action, inaction, or decisions that may	19582
adversely affect the health, safety, welfare, or rights of	19583
residents and recipients of services by providers of long-term	19584
care and their representatives, public agencies and entities, and	19585
social service agencies. This may include any of the following:	19586
conducting public hearings; sponsoring workshops and conferences;	19587
holding meetings for the purpose of obtaining information about	19588
residents and recipients, discussing and publicizing their needs,	19589
and advocating solutions to their problems; and promoting the	19590
development of citizen organizations.	19591

(6) Encourage, cooperate with, and assist in the development	19592
and operation of services to provide current, objective, and	19593
verified information about long-term care;	19594

(7) Develop and implement, with the assistance of regional	19595
programs, a continuing program to publicize, through the media and	19596
civic organizations, the office, its purposes, and its methods of	19597
operation;	19598

(8) Maintain written descriptions of the duties and	19599
qualifications of representatives of the office;	19600

(9) Evaluate and make known concerns and issues regarding	19601
long-term care by doing all of the following:	19602

(a) Preparing an annual report containing information and	19603
findings regarding the types of problems experienced by residents	19604
and recipients and the complaints made by or on behalf of	19605
residents and recipients. The report shall include recommendations	19606
for policy, regulatory, and legislative changes to solve problems,	19607
resolve complaints, and improve the quality of care and life for	19608
residents and recipients and shall be submitted to the governor,	19609
the speaker of the house of representatives, the president of the	19610
senate, the directors of health and of job and family services,	19611
and the commissioner of the administration on aging of the United	19612
States department of health and human services.	19613

(b) Monitoring and analyzing the development and	19614
implementation of federal, state, and local laws, rules, and	19615
policies regarding long-term care services in this state and	19616
recommending to officials changes the office considers appropriate	19617
in these laws, rules, and policies;	19618

(c) Providing information and making recommendations to	19619
public agencies, members of the general assembly, and others	19620
regarding problems and concerns of residents and recipients.	19621

(10) Conduct training for employees and volunteers on	19622
~~ombudsperson's~~ombudsman's staff and for representatives of the	19623
office employed by regional programs;	19624

(11) Monitor the training of representatives of the office	19625
who provide volunteer services to regional programs, and provide	19626
technical assistance to the regional programs in conducting the	19627
training;	19628

(12) Issue certificates attesting to the successful	19629
completion of training and specifying the level of responsibility	19630
for which a representative of the office who has completed	19631
training is qualified;	19632

(13) Register as a residents' rights advocate with the	19633
department of health under division (B) of section 3701.07 of the	19634
Revised Code;	19635

(14) Perform other duties specified by the department of	19636
aging.	19637

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	19638
~~ombudsperson's~~ombudsman's authority or duties under sections	19639
173.14 to 173.26 of the Revised Code to any member of the	19640
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	19641
is responsible for any authority or duties the ~~ombudsperson~~	19642
ombudsman delegates.	19643

Sec. 173.19. (A) The office of the state long-term care	19644
~~ombudsperson~~ombudsman program, through the state long-term care	19645
~~ombudsperson~~ombudsman and the regional long-term care	19646
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	19647
attempt to resolve complaints made by residents, recipients,	19648
sponsors, providers of long-term care, or any person acting on	19649
behalf of a resident or recipient, relating to either of the	19650
following:	19651

(1) The health, safety, welfare, or civil rights of a	19652
resident or recipient or any violation of a resident's rights	19653
described in sections 3721.10 to 3721.17 of the Revised Code;	19654

(2) Any action or inaction or decision by a provider of	19655
long-term care or representative of a provider, a governmental	19656
entity, or a private social service agency that may adversely	19657
affect the health, safety, welfare, or rights of a resident or	19658
recipient.	19659

(B) The department of aging shall adopt rules in accordance	19660
with Chapter 119. of the Revised Code regarding the handling of	19661
complaints received under this section, including procedures for	19662
conducting investigations of complaints. The rules shall include	19663
procedures to ensure that no representative of the office	19664
investigates any complaint involving a provider of long-term care	19665
with which the representative was once employed or associated.	19666

The state ~~ombudsperson~~ombudsman and regional programs shall	19667
establish procedures for handling complaints consistent with the	19668
department's rules. Complaints shall be dealt with in accordance	19669
with the procedures established under this division.	19670

(C) The office of the state long-term care ~~ombudsperson~~	19671
ombudsman program may decline to investigate any complaint if it	19672
determines any of the following:	19673

(1) That the complaint is frivolous, vexatious, or not made	19674
in good faith;	19675

(2) That the complaint was made so long after the occurrence	19676
of the incident on which it is based that it is no longer	19677
reasonable to conduct an investigation;	19678

(3) That an adequate investigation cannot be conducted	19679
because of insufficient funds, insufficient staff, lack of staff	19680
expertise, or any other reasonable factor that would result in an	19681
inadequate investigation despite a good faith effort;	19682

(4) That an investigation by the office would create a real	19683
or apparent conflict of interest.	19684

(D) If a regional long-term care ~~ombudsperson~~ombudsman	19685
program declines to investigate a complaint, it shall refer the	19686
complaint to the state long-term care ~~ombudsperson~~ombudsman.	19687

(E) Each complaint to be investigated by a regional program	19688
shall be assigned to a representative of the office of the state	19689
long-term care ~~ombudsperson~~ombudsman program. If the	19690
representative determines that the complaint is valid, the	19691
representative shall assist the parties in attempting to resolve	19692
it. If the representative is unable to resolve it, the	19693
representative shall refer the complaint to the state ~~ombudsperson~~	19694
ombudsman.	19695

In order to carry out the duties of sections 173.14 to 173.26	19696
of the Revised Code, a representative has the right to private	19697
communication with residents and their sponsors and access to	19698
long-term care facilities, including the right to tour resident	19699
areas unescorted and the right to tour facilities unescorted as	19700
reasonably necessary to the investigation of a complaint. Access	19701
to facilities shall be during reasonable hours or, during	19702
investigation of a complaint, at other times appropriate to the	19703
complaint.	19704

When community-based long-term care services are provided at	19705
a location other than the recipient's home, a representative has	19706
the right to private communication with the recipient and the	19707
recipient's sponsors and access to the community-based long-term	19708
care site, including the right to tour the site unescorted. Access	19709
to the site shall be during reasonable hours or, during the	19710
investigation of a complaint, at other times appropriate to the	19711
complaint.	19712

(F) The state ~~ombudsperson~~ombudsman shall determine whether	19713
complaints referred to the ~~ombudsperson~~ombudsman under division	19714
(D) or (E) of this section warrant investigation. The	19715
~~ombudsperson's~~ombudsman's determination in this matter is final.	19716

Sec. 173.20. (A) If consent is given and unless otherwise	19717
prohibited by law, a representative of the office of the state	19718
long-term care ombudsman program shall have access to any records,	19719
including medical records, of a resident or a recipient that are	19720
reasonably necessary for investigation of a complaint. Consent may	19721
be given in any of the following ways:	19722

(1) In writing by the resident or recipient;

19723

(2) Orally by the resident or recipient, witnessed in writing	19724
at the time it is given by one other person, and, if the records	19725
involved are being maintained by a long-term care provider, also	19726
by an employee of the long-term care provider designated under	19727
division (E)(1) of this section;	19728

(3) In writing by the guardian of the resident or recipient;

19729

(4) In writing by the attorney in fact of the resident or	19730
recipient, if the resident or recipient has authorized the	19731
attorney in fact to give such consent;	19732

(5) In writing by the executor or administrator of the estate	19733
of a deceased resident or recipient.	19734

(B) If consent to access to records is not refused by a	19735
resident or recipient or ~~his~~the resident's or recipient's legal	19736
representative but cannot be obtained and any of the following	19737
circumstances exist, a representative of the office of the state	19738
long-term care ombudsman program, on approval of the state	19739
long-term care ombudsman, may inspect the records of a resident or	19740
a recipient, including medical records, that are reasonably	19741
necessary for investigation of a complaint:	19742

(1) The resident or recipient is unable to express written or	19743
oral consent and there is no guardian or attorney in fact;	19744

(2) There is a guardian or attorney in fact, but hethe	19745
guardian or attorney in fact cannot be contacted within three	19746
working days;	19747

(3) There is a guardianship or durable power of attorney, but	19748
its existence is unknown by the long-term care provider and the	19749
representative of the office at the time of the investigation;	19750

(4) There is no executor or administrator of the estate of a	19751
deceased resident or recipient.	19752

(C) If a representative of the office of the state long-term	19753
care ombudsman program has been refused access to records by a	19754
guardian or attorney in fact, but has reasonable cause to believe	19755
that the guardian or attorney in fact is not acting in the best	19756
interests of the resident or recipient, the representative may, on	19757
approval of the state long-term care ombudsman, inspect the	19758
records of the resident or recipient, including medical records,	19759
that are reasonably necessary for investigation of a complaint.	19760

(D) A representative of the office of the state long-term	19761
care ombudsman program shall have access to any records of a	19762
long-term care provider reasonably necessary to an investigation	19763
conducted under this section, including but not limited to:	19764
incident reports, dietary records, policies and procedures of a	19765
facility required to be maintained under section ~~5111.21~~5165.06	19766
of the Revised Code, admission agreements, staffing schedules, any	19767
document depicting the actual staffing pattern of the provider,	19768
any financial records that are matters of public record, resident	19769
council and grievance committee minutes, and any waiting list	19770
maintained by a facility in accordance with section ~~5111.31~~	19771
5165.08 of the Revised Code, or any similar records or lists	19772
maintained by a provider of community-based long-term care	19773
services. Pursuant to division (E)(2) of this section, a	19774
representative shall be permitted to make or obtain copies of any	19775
of these records after giving the long-term care provider	19776
twenty-four hours' notice. A long-term care provider may impose a	19777
charge for providing copies of records under this division that	19778
does not exceed the actual and necessary expense of making the	19779
copies.	19780

The state ombudsman shall take whatever action is necessary	19781
to ensure that any copy of a record made or obtained under this	19782
division is returned to the long-term care provider no later than	19783
three years after the date the investigation for which the copy	19784
was made or obtained is completed.	19785

(E)(1) Each long-term care provider shall designate one or	19786
more of its employees to be responsible for witnessing the giving	19787
of oral consent under division (A) of this section. In the event	19788
that a designated employee is not available when a resident or	19789
recipient attempts to give oral consent, the provider shall	19790
designate another employee to witness the consent.	19791

(2) Each long-term care provider shall designate one or more	19792
of its employees to be responsible for releasing records for	19793
copying to representatives of the office of the long-term care	19794
ombudsman program who request permission to make or obtain copies	19795
of records specified in division (D) of this section. In the event	19796
that a designated employee is not available when a representative	19797
of the office makes the request, the long-term care provider shall	19798
designate another employee to release the records for copying.	19799

(F) A long-term care provider or any employee of such a	19800
provider is immune from civil or criminal liability or action	19801
taken pursuant to a professional disciplinary procedure for the	19802
release or disclosure of records to a representative of the office	19803
pursuant to this section.	19804

(G) A state or local government agency or entity with records	19805
relevant to a complaint or investigation being conducted by a	19806
representative of the office shall provide the representative	19807
access to the records.	19808

(H) The state ombudsman, with the approval of the director of	19809
aging, may issue a subpoena to compel any person hethe ombudsman	19810
reasonably believes may be able to provide information to appear	19811
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	19812
sworn testimony and to produce documents, books, records, papers,	19813
or other evidence the state ombudsman believes is relevant to the	19814
investigation. On the refusal of a witness to be sworn or to	19815
answer any question put to ~~him~~the witness, or if a person	19816
disobeys a subpoena, the ombudsman shall apply to the Franklin	19817
county court of common pleas for a contempt order, as in the case	19818
of disobedience of the requirements of a subpoena issued from the	19819
court, or a refusal to testify in the court.	19820

(I) The state ombudsman may petition the court of common	19821
pleas in the county in which a long-term care facility is located	19822
to issue an injunction against any long-term care facility in	19823
violation of sections 3721.10 to 3721.17 of the Revised Code.	19824

(J) Any suspected violation of Chapter 3721. of the Revised	19825
Code discovered during the course of an investigation may be	19826
reported to the department of health. Any suspected criminal	19827
violation discovered during the course of an investigation shall	19828
be reported to the attorney general or other appropriate law	19829
enforcement authorities.	19830

(K) The department of aging shall adopt rules in accordance	19831
with Chapter 119. of the Revised Code for referral by the state	19832
ombudsman and regional long-term care ombudsman programs of	19833
complaints to other public agencies or entities. A public agency	19834
or entity to which a complaint is referred shall keep the state	19835
ombudsman or regional program handling the complaint advised and	19836
notified in writing in a timely manner of the disposition of the	19837
complaint to the extent permitted by law.	19838

Sec. 173.21. (A) The office of the state long-term care	19839
~~ombudsperson~~ombudsman program, through the state long-term care	19840
~~ombudsperson~~ombudsman and the regional long-term care	19841
~~ombudsperson~~ombudsman programs, shall require each representative	19842
of the office to complete a training and certification program in	19843
accordance with this section and to meet the continuing education	19844
requirements established under this section.	19845

(B) The department of aging shall adopt rules under Chapter	19846
119. of the Revised Code specifying the content of training	19847
programs for representatives of the office of the state long-term	19848
care ~~ombudsperson~~ombudsman program. Training for representatives	19849
other than those who are volunteers providing services through	19850
regional long-term care ~~ombudsperson~~ombudsman programs shall	19851
include instruction regarding federal, state, and local laws,	19852
rules, and policies on long-term care facilities and	19853
community-based long-term care services; investigative techniques;	19854
and other topics considered relevant by the department and shall	19855
consist of the following:	19856

(1) A minimum of forty clock hours of basic instruction,	19857
which shall be completed before the trainee is permitted to handle	19858
complaints without the supervision of a representative of the	19859
office certified under this section;	19860

(2) An additional sixty clock hours of instruction, which	19861
shall be completed within the first fifteen months of employment;	19862

(3) An internship of twenty clock hours, which shall be	19863
completed within the first twenty-four months of employment,	19864
including instruction in, and observation of, basic nursing care	19865
and long-term care provider operations and procedures. The	19866
internship shall be performed at a site that has been approved as	19867
an internship site by the state long-term care ~~ombudsperson~~	19868
ombudsman.	19869

(4) One of the following, which shall be completed within the	19870
first twenty-four months of employment:	19871

(a) Observation of a survey conducted by the director of	19872
health to certify a nursing facility to ~~receive funds under~~	19873
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	19874
medicaid program;	19875

(b) Observation of an inspection conducted by the director of	19876
~~mental health~~mental health and addiction services to license a	19877
residential facility under section ~~5119.22~~5119.34 of the Revised	19878
Code that provides accommodations, supervision, and personal care	19879
services for three to sixteen unrelated adults.	19880

(5) Any other training considered appropriate by the	19881
department.	19882

(C) ~~Persons~~Any person who for a period of at least six	19883
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	19884
through the long-term care ~~ombudsperson~~ombudsman program	19885
established by the department of aging under division (M) of	19886
section 173.01 of the Revised Code shall not be required to	19887
complete a training program. ~~These persons~~Such a person and	19888
persons who complete a training program shall take an examination	19889
administered by the department of aging. On attainment of a	19890
passing score, the person shall be certified by the department as	19891
a representative of the office. The department shall issue the	19892
person an identification card, which the representative shall show	19893
at the request of any person with whom the representative deals	19894
while performing the representative's duties and which shall be	19895
surrendered at the time the representative separates from the	19896
office.	19897

(D) The state ~~ombudsperson~~ombudsman and each regional	19898
program shall conduct training programs for volunteers on their	19899
respective staffs in accordance with the rules of the department	19900
of aging adopted under division (B) of this section. Training	19901
programs may be conducted that train volunteers to complete some,	19902
but not all, of the duties of a representative of the office. Each	19903
regional office shall bear the cost of training its	19904
representatives who are volunteers. On completion of a training	19905
program, the representative shall take an examination administered	19906
by the department of aging. On attainment of a passing score, a	19907
volunteer shall be certified by the department as a representative	19908
authorized to perform services specified in the certification. The	19909
department shall issue an identification card, which the	19910
representative shall show at the request of any person with whom	19911
the representative deals while performing the representative's	19912
duties and which shall be surrendered at the time the	19913
representative separates from the office. Except as a supervised	19914
part of a training program, no volunteer shall perform any duty	19915
unless he is certified as a representative having received	19916
appropriate training for that duty.	19917

(E) The state ~~ombudsperson~~ombudsman shall provide technical	19918
assistance to regional programs conducting training programs for	19919
volunteers and shall monitor the training programs.	19920

(F) Prior to scheduling an observation of a certification	19921
survey or licensing inspection for purposes of division (B)(4) of	19922
this section, the state ~~ombudsperson~~ombudsman shall obtain	19923
permission to have the survey or inspection observed from both the	19924
director of health and the long-term care facility at which the	19925
survey or inspection is to take place.	19926

(G) The department of aging shall establish continuing	19927
education requirements for representatives of the office.	19928

Sec. 173.23. (A) Representatives of the office of the state	19929
long-term care ~~ombudsperson~~ombudsman program are immune from	19930
civil or criminal liability for any action taken in the good faith	19931
performance of their official duties under sections 173.14 to	19932
173.26 of the Revised Code.	19933

(B) A person acting in good faith is immune from civil or	19934
criminal liability incident to any of the following: providing	19935
information to the office, participating in registration of a	19936
complaint with the office, participating in investigation of a	19937
complaint by the office, or participating in an administrative or	19938
judicial proceeding resulting from a complaint.	19939

(C) No person shall knowingly register a false complaint with	19940
the office, or knowingly swear or affirm the truth of a false	19941
complaint previously registered, when the statement is made with	19942
purpose to incriminate another.	19943

(D) The attorney general shall provide legal counsel to the	19944
office of the state long-term care ~~ombudsperson~~ombudsman program	19945
and to the regional long-term care ~~ombudsperson~~ombudsman	19946
programs. The attorney general shall represent any representative	19947
of the office and any representative of a regional program against	19948
whom any legal action is brought in connection with the	19949
representative's official duties under sections 173.14 to 173.26	19950
of the Revised Code.	19951

Sec. 173.25. The office of the state long-term care	19952
~~ombudsperson~~ombudsman program shall, in carrying out the	19953
provisions and purposes of sections 173.14 to 173.26 of the	19954
Revised Code, advise, consult, and cooperate with any agency,	19955
program, or other entity related to the purposes of the office.	19956
Any agency, program, or other entity related to the purposes of	19957
the office shall advise, consult, and cooperate with the office.	19958

The office shall attempt to establish effective coordination	19959
with government-sponsored programs that provide legal services to	19960
the elderly and with protective and advocacy programs for	19961
individuals with developmental disabilities, mental retardation,	19962
or mental illness.	19963

Sec. 173.26. (A) Each of the following facilities shall	19964
annually pay to the department of aging six dollars for each bed	19965
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	19966
otherwise authorized to maintain during any part of the previous	19967
year:	19968

(1) Nursing homes,and residential care facilities, ~~and homes~~	19969
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	19970

(2) Facilities authorized to provide extended care services	19971
under Title XVIII of the "Social Security Act," 49 Stat. 620	19972
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19973
care hospital that provides medical and rehabilitative care to	19974
patients who require an average length of stay greater than	19975
twenty-five days and is classified by the centers for medicare and	19976
medicaid services as a long-term care hospital pursuant to 42	19977
C.F.R. 412.23(e);	19978

(3) County homes and district homes operated pursuant to	19979
Chapter 5155. of the Revised Code;	19980

(4) Residential facilities licensed under section ~~5119.22~~	19981
5119.34 of the Revised Code that provide accommodations,	19982
supervision, and personal care services for three to sixteen	19983
unrelated adults;	19984

(5) Facilities approved by the Veterans Administration under	19985
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	19986
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19987
the placement and care of veterans.	19988

The department shall, by rule adopted in accordance with	19989
Chapter 119. of the Revised Code, establish deadlines for payments	19990
required by this section. A facility that fails, within ninety	19991
days after the established deadline, to pay a payment required by	19992
this section shall be assessed at two times the original invoiced	19993
payment.	19994

(B) All money collected under this section shall be deposited	19995
in the state treasury to the credit of the office of the state	19996
long-term care ~~ombudsperson~~ombudsman program fund, which is	19997
hereby created. Money credited to the fund shall be used solely to	19998
pay the costs of operating the regional long-term care	19999
~~ombudsperson~~ombudsman programs.	20000

(C) The state long-term care ~~ombudsperson~~ombudsman and the	20001
regional programs may solicit and receive contributions to support	20002
the operation of the office or a regional program, except that no	20003
contribution shall be solicited or accepted that would interfere	20004
with the independence or objectivity of the office or program.	20005

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

20006

(1) "Applicant" means a person who is under final	20007
consideration for employment ~~with the office of the state~~	20008
~~long-term care ombudsperson program~~by a responsible party in a	20009
full-time, part-time, or temporary position that involves	20010
providing ~~ombudsperson~~ombudsman services to residents and	20011
recipients. "Applicant" includes a person who is under final	20012
consideration for employment as the state long-term care	20013
~~ombudsperson~~ombudsman or the head of a regional long-term care	20014
~~ombudsperson~~ombudsman program. "Applicant" does not include a	20015
person seeking to provide ~~ombudsperson~~ombudsman services to	20016
residents and recipients as a volunteer without receiving or	20017
expecting to receive any form of remuneration other than	20018
reimbursement for actual expenses.	20019

(2) "Criminal records check" has the same meaning as in	20020
section 109.572 of the Revised Code.	20021

(3) "Disqualifying offense" means any of the offenses listed	20022
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20023
the Revised Code.	20024

(4) "Employee" means a person employed by ~~the office of the~~	20025
~~state long-term care ombudsperson program~~a responsible party in a	20026
full-time, part-time, or temporary position that involves	20027
providing ~~ombudsperson~~ombudsman services to residents and	20028
recipients. "Employee" includes the person employed as the state	20029
long-term care ~~ombudsperson~~ombudsman and a person employed as the	20030
head of a regional long-term care ~~ombudsperson~~ombudsman program.	20031
"Employee" does not include a person who provides ~~ombudsperson~~	20032
ombudsman services to residents and recipients as a volunteer	20033
without receiving or expecting to receive any form of remuneration	20034
other than reimbursement for actual expenses.	20035

(5) "Responsible ~~entity~~party" means the following:

20036

(a) In the case of an applicant who is under final	20037
consideration for employment as the state long-term care	20038
~~ombudsperson~~ombudsman or the person employed as the state	20039
long-term care ~~ombudsperson~~ombudsman, the director of aging;	20040

(b) In the case of any other applicant who is under final	20041
consideration for employment with the state long-term care	20042
ombudsman program or any other employee of the state long-term	20043
care ombudsman program, the state long-term care ~~ombudsperson or~~	20044
~~the ombudsperson's designee~~ombudsman;	20045

(c) In the case of an applicant who is under final	20046
consideration for employment with a regional long-term care	20047
ombudsman program (including as the head of the regional program)	20048
or an employee of a regional long-term care ombudsman program	20049
(including the head of a regional program), the regional long-term	20050
care ombudsman program.	20051

(B) ~~The office of the state long-term care ombudsperson~~	20052
~~program~~A responsible party may not employ an applicant or	20053
continue to employ an employee in a position that involves	20054
providing ~~ombudsperson~~ombudsman services to residents and	20055
recipients if any of the following apply:	20056

(1) A review of the databases listed in division (D) of this	20057
section reveals any of the following:	20058

(a) That the applicant or employee is included in one or more	20059
of the databases listed in divisions (D)(1) to (5) of this	20060
section;	20061

(b) That there is in the state nurse aide registry	20062
established under section 3721.32 of the Revised Code a statement	20063
detailing findings by the director of health that the applicant or	20064
employee neglected or abused a long-term care facility or	20065
residential care facility resident or misappropriated property of	20066
such a resident;	20067

(c) That the applicant or employee is included in one or more	20068
of the databases, if any, specified in rules adopted under this	20069
section and the rules prohibit the ~~office~~responsible party from	20070
employing an applicant or continuing to employ an employee	20071
included in such a database in a position that involves providing	20072
~~ombudsperson~~ombudsman services to residents and recipients.	20073

(2) After the applicant or employee is provided, pursuant to	20074
division (E)(2)(a) of this section, a copy of the form prescribed	20075
pursuant to division (C)(1) of section 109.572 of the Revised Code	20076
and the standard impression sheet prescribed pursuant to division	20077
(C)(2) of that section, the applicant or employee fails to	20078
complete the form or provide the applicant's or employee's	20079
fingerprint impressions on the standard impression sheet.	20080

(3) ~~Except as provided~~Unless the applicant or employee meets	20081
standards specified in rules adopted under this section, the	20082
applicant or employee is found by a criminal records check	20083
required by this section to have been convicted of, pleaded guilty	20084
to, or been found eligible for intervention in lieu of conviction	20085
for a disqualifying offense.	20086

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	20087
designee shall inform each applicant of both of the following at	20088
the time of the applicant's initial application for employment in	20089
a position that involves providing ~~ombudsperson~~ombudsman services	20090
to residents and recipients:	20091

(1) That a review of the databases listed in division (D) of	20092
this section will be conducted to determine whether the ~~office of~~	20093
~~the state long-term care ombudsperson program~~responsible party is	20094
prohibited by division (B)(1) of this section from employing the	20095
applicant in the position;	20096

(2) That, unless the database review reveals that the	20097
applicant may not be employed in the position, a criminal records	20098
check of the applicant will be conducted and the applicant is	20099
required to provide a set of the applicant's fingerprint	20100
impressions as part of the criminal records check.	20101

(D) As a condition of any applicant's being employed by ~~the~~	20102
~~office of the state long-term care ombudsperson program~~a	20103
responsible party in a position that involves providing	20104
~~ombudsperson~~ombudsman services to residents and recipients, the	20105
responsible ~~entity~~party or designee shall conduct a database	20106
review of the applicant in accordance with rules adopted under	20107
this section. If rules adopted under this section so require, the	20108
responsible ~~entity~~party or designee shall conduct a database	20109
review of an employee in accordance with the rules as a condition	20110
of the ~~office's~~responsible party continuing to employ the	20111
employee in a position that involves providing ~~ombudsperson~~	20112
ombudsman services to residents and recipients. A database review	20113
shall determine whether the applicant or employee is included in	20114
any of the following:	20115

(1) The excluded parties list system that is maintained by	20116
the United States general services administration pursuant to	20117
subpart 9.4 of the federal acquisition regulation and available at	20118
the federal web site known as the system for award management;	20119

(2) The list of excluded individuals and entities maintained	20120
by the office of inspector general in the United States department	20121
of health and human services pursuant to section 1128 of the	20122
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	20123
amended, and section 1156 of the "Social Security Act," 96 Stat.	20124
388 (1982), 42 U.S.C. 1320c-5, as amended;	20125

(3) The registry of MR/DD employees established under section	20126
5123.52 of the Revised Code;	20127

(4) The internet-based sex offender and child-victim offender	20128
database established under division (A)(11) of section 2950.13 of	20129
the Revised Code;	20130

(5) The internet-based database of inmates established under	20131
section 5120.66 of the Revised Code;	20132

(6) The state nurse aide registry established under section	20133
3721.32 of the Revised Code;	20134

(7) Any other database, if any, specified in rules adopted	20135
under this section.	20136

(E)(1) As a condition of any applicant's being employed by	20137
~~the office of the state long-term care ombudsperson program~~a	20138
responsible party in a position that involves providing	20139
~~ombudsperson~~ombudsman services to residents and recipients, the	20140
responsible ~~entity~~party or designee shall request that the	20141
superintendent of the bureau of criminal identification and	20142
investigation conduct a criminal records check of the applicant.	20143
If rules adopted under this section so require, the responsible	20144
~~entity~~party or designee shall request that the superintendent	20145
conduct a criminal records check of an employee at times specified	20146
in the rules as a condition of the ~~office's~~responsible party	20147
continuing to employ the employee in a position that involves	20148
providing ~~ombudsperson~~ombudsman services to residents and	20149
recipients. However, the responsible ~~entity~~party or designee is	20150
not required to request the criminal records check of the	20151
applicant or employee if the ~~office~~responsible party is	20152
prohibited by division (B)(1) of this section from employing the	20153
applicant or continuing to employ the employee in a position that	20154
involves providing ~~ombudsperson~~ombudsman services to residents	20155
and recipients. If an applicant or employee for whom a criminal	20156
records check request is required by this section does not present	20157
proof of having been a resident of this state for the five-year	20158
period immediately prior to the date the criminal records check is	20159
requested or provide evidence that within that five-year period	20160
the superintendent has requested information about the applicant	20161
or employee from the federal bureau of investigation in a criminal	20162
records check, the responsible ~~entity~~party or designee shall	20163
request that the superintendent obtain information from the	20164
federal bureau of investigation as part of the criminal records	20165
check. Even if an applicant or employee for whom a criminal	20166
records check request is required by this section presents proof	20167
of having been a resident of this state for the five-year period,	20168
the responsible ~~entity~~party or designee may request that the	20169
superintendent include information from the federal bureau of	20170
investigation in the criminal records check.	20171

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	20172
of the following:	20173

(a) Provide to each applicant and employee for whom a	20174
criminal records check request is required by this section a copy	20175
of the form prescribed pursuant to division (C)(1) of section	20176
109.572 of the Revised Code and a standard impression sheet	20177
prescribed pursuant to division (C)(2) of that section;	20178

(b) Obtain the completed form and standard impression sheet	20179
from the applicant or employee;	20180

(c) Forward the completed form and standard impression sheet	20181
to the superintendent.	20182

(3) ~~The office of the state long-term care ombudsperson~~	20183
~~program~~A responsible party shall pay to the bureau of criminal	20184
identification and investigation the fee prescribed pursuant to	20185
division (C)(3) of section 109.572 of the Revised Code for each	20186
criminal records check the responsible ~~entity~~party or the	20187
responsible party's designee requests under this section. The	20188
~~office~~responsible party may charge an applicant a fee not	20189
exceeding the amount the ~~office~~responsible party pays to the	20190
bureau under this section if the responsible ~~entity~~party or	20191
designee notifies the applicant at the time of initial application	20192
for employment of the amount of the fee.	20193

(F)(1) ~~The office of the state long-term care ombudsperson~~	20194
~~program~~A responsible party may employ conditionally an applicant	20195
for whom a criminal records check is required by this section	20196
prior to obtaining the results of the criminal records check if	20197
both of the ~~office~~following apply:	20198

(a) The responsible party is not prohibited by division	20199
(B)(1) of this section from employing the applicant in a position	20200
that involves providing ~~ombudsperson~~ombudsman services to	20201
residents and recipients ~~and the~~;	20202

(b) The responsible ~~entity~~party or designee requests the	20203
criminal records check in accordance with division (E) of this	20204
section not later than five business days after the applicant	20205
begins conditional employment.	20206

(2) ~~The office of the state long-term care ombudsperson~~	20207
~~program~~A responsible party shall terminate the employment of an	20208
applicant employed conditionally under division (F)(1) of this	20209
section if the results of the criminal records check, other than	20210
the results of any request for information from the federal bureau	20211
of investigation, are not obtained within the period ending sixty	20212
days after the date the request for the criminal records check is	20213
made. Regardless of when the results of the criminal records check	20214
are obtained, if the results indicate that the applicant has been	20215
convicted of, pleaded guilty to, or been found eligible for	20216
intervention in lieu of conviction for a disqualifying offense,	20217
the ~~office~~responsible party shall terminate the applicant's	20218
employment unless ~~circumstances~~the applicant meets standards	20219
specified in rules adopted under this section that permit the	20220
~~office~~responsible party to employ the applicant ~~exist~~ and the	20221
~~office~~responsible party chooses to employ the applicant.	20222
Termination of employment under this division shall be considered	20223
just cause for discharge for purposes of division (D)(2) of	20224
section 4141.29 of the Revised Code if the applicant makes any	20225
attempt to deceive the ~~office~~responsible party or designee about	20226
the applicant's criminal record.	20227

(G) The report of any criminal records check conducted	20228
pursuant to a request made under this section is not a public	20229
record for the purposes of section 149.43 of the Revised Code and	20230
shall not be made available to any person other than the	20231
following:	20232

(1) The applicant or employee who is the subject of the	20233
criminal records check or the applicant's or employee's	20234
representative;	20235

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	20236
~~representative~~designee;	20237

(3) ~~If the state long-term care ombudsperson designates the~~	20238
~~head or other employee of~~In the case of a criminal records check	20239
conducted for an applicant who is under final consideration for	20240
employment with a regional long-term care ~~ombudsperson~~ombudsman	20241
program ~~to request a criminal records check under this section~~	20242
(including as the head of the regional program) or an employee of	20243
a regional long-term care ombudsman program (including the head of	20244
a regional program), the state long-term care ombudsman or a	20245
representative of the office of the state long-term care	20246
~~ombudsperson~~ombudsman program who is responsible for monitoring	20247
the regional program's compliance with this section;	20248

(4) A court, hearing officer, or other necessary individual	20249
involved in a case dealing with any of the following:	20250

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

20251

(b) Employment or unemployment benefits of the applicant or	20252
employee;	20253

(c) A civil or criminal action regarding the medicaid program	20254
or a program the department of aging administers.	20255

(H) In a tort or other civil action for damages that is	20256
brought as the result of an injury, death, or loss to person or	20257
property caused by an applicant or employee who ~~the office of the~~	20258
~~state long-term care ombudsperson program~~a responsible party	20259
employs in a position that involves providing ~~ombudsperson~~	20260
ombudsman services to residents and recipients, all of the	20261
following shall apply:	20262

(1) If the ~~office~~responsible party employed the applicant or	20263
employee in good faith and reasonable reliance on the report of a	20264
criminal records check requested under this section, the ~~office~~	20265
responsible party shall not be found negligent solely because of	20266
its reliance on the report, even if the information in the report	20267
is determined later to have been incomplete or inaccurate.	20268

(2) If the ~~office~~responsible party employed the applicant in	20269
good faith on a conditional basis pursuant to division (F) of this	20270
section, the ~~office~~responsible party shall not be found	20271
negligent solely because it employed the applicant prior to	20272
receiving the report of a criminal records check requested under	20273
this section.	20274

(3) If the ~~office~~responsible party in good faith employed	20275
the applicant or employee ~~according to~~because the ~~personal~~	20276
~~character~~applicant or employee meets standards ~~established~~	20277
specified in rules adopted under this section, the ~~office~~	20278
responsible party shall not be found negligent solely because the	20279
applicant or employee has been convicted of, pleaded guilty to, or	20280
been found eligible for intervention in lieu of conviction for a	20281
disqualifying offense.	20282

(I) The state long-term care ombudsman may not act as the	20283
director of aging's designee for the purpose of this section. The	20284
head of a regional long-term care ombudsman program may not act as	20285
the regional program's designee for the purpose of this section if	20286
the head is the employee for whom a database review or criminal	20287
records check is being conducted.	20288

(J) The director of aging shall adopt rules in accordance	20289
with Chapter 119. of the Revised Code to implement this section.	20290

(1) The rules may do the following:

20291

(a) Require employees to undergo database reviews and	20292
criminal records checks under this section;	20293

(b) If the rules require employees to undergo database	20294
reviews and criminal records checks under this section, exempt one	20295
or more classes of employees from the requirements;	20296

(c) For the purpose of division (D)(7) of this section,	20297
specify other databases that are to be checked as part of a	20298
database review conducted under this section.	20299

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

20300

(a) The procedures for conducting database reviews under this	20301
section;	20302

(b) If the rules require employees to undergo database	20303
reviews and criminal records checks under this section, the times	20304
at which the database reviews and criminal records checks are to	20305
be conducted;	20306

(c) If the rules specify other databases to be checked as	20307
part of the database reviews, the circumstances under which ~~the~~	20308
~~office of the state long-term care ombudsperson program~~a	20309
responsible party is prohibited from employing an applicant or	20310
continuing to employ an employee who is found by a database review	20311
to be included in one or more of those databases;	20312

(d) ~~Circumstances under which the office of the state~~	20313
~~long-term care ombudsperson program may employ~~Standards that an	20314
applicant or employee ~~who~~must meet for a responsible party to be	20315
permitted to employ the applicant or continue to employ the	20316
employee in a position that involves providing ombudsman services	20317
to residents and recipients if the applicant or employee is found	20318
by a criminal records check required by this section to have been	20319
convicted of, pleaded guilty to, or been found eligible for	20320
intervention in lieu of conviction for a disqualifying offense	20321
~~but meets personal character standards~~.	20322

Sec. 173.28. (A)(1) As used in this division, "incident"	20323
means the occurrence of a violation with respect to a resident or	20324
recipient, as those terms are defined in section 173.14 of the	20325
Revised Code. A violation is a separate incident for each day it	20326
occurs and for each resident who is subject to it.	20327

In lieu of the fine that may be imposed under division (A) of	20328
section 173.99 of the Revised Code, the director of aging may,	20329
under Chapter 119. of the Revised Code, fine a long-term care	20330
provider or other entity, or a person employed by a long-term care	20331
provider or other entity, for a violation of division (C) of	20332
section 173.24 of the Revised Code. The fine shall not exceed one	20333
thousand dollars per incident.	20334

(2) In lieu of the fine that may be imposed under division	20335
(C) of section 173.99 of the Revised Code, the director may, under	20336
Chapter 119. of the Revised Code, fine a long-term care provider	20337
or other entity, or a person employed by a long-term care provider	20338
or other entity, for violating division (E) of section 173.19 of	20339
the Revised Code by denying a representative of the office of the	20340
state long-term care ~~ombudsperson~~ombudsman program the access	20341
required by that division. The fine shall not exceed five hundred	20342
dollars for each day the violation continued.	20343

(B) On request of the director, the attorney general shall	20344
bring and prosecute to judgment a civil action to collect any fine	20345
imposed under division (A)(1) or (2) of this section that remains	20346
unpaid thirty days after the violator's final appeal is exhausted.	20347

(C) All fines collected under this section shall be deposited	20348
into the state treasury to the credit of the state long-term care	20349
~~ombudsperson~~ombudsman program fund created under section 173.26	20350
of the Revised Code.	20351

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

20352

(1) "Applicant" means a person who is under final	20353
consideration for employment with a ~~community-based long-term care~~	20354
~~agency~~responsible party in a full-time, part-time, or temporary	20355
direct-care position ~~that involves providing direct care to an~~	20356
~~individual~~ or is referred to a ~~community-based long-term care~~	20357
~~agency~~responsible party by an employment service for such a	20358
position. "Applicant" does not include a person ~~who provides~~	20359
~~direct care to an individual~~being considered for a direct-care	20360
position as a volunteer ~~without receiving or expecting to receive~~	20361
~~any form of remuneration other than reimbursement for actual~~	20362
~~expenses~~.	20363

(2) "Area agency on aging" has the same meaning as in section	20364
173.14 of the Revised Code.	20365

(3) "Community-based long-term care services" means	20366
community-based long-term care services, as defined in section	20367
173.14 of the Revised Code, that are provided under a program the	20368
department of aging administers.	20369

(4) "Consumer" means an individual who receives	20370
community-based long-term care services.	20371

(5) "Criminal records check" has the same meaning as in	20372
section 109.572 of the Revised Code.	20373

(6)(a) "Direct-care position" means an employment position in	20374
which an employee has either or both of the following:	20375

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

20376

(ii) Access to one or more consumers' personal property or	20377
records.	20378

(b) "Direct-care position" does not include a person whose	20379
sole duties are transporting individuals under Chapter 306. of the	20380
Revised Code.	20381

(7) "Disqualifying offense" means any of the offenses listed	20382
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20383
the Revised Code.	20384

(8) "Employee" means a person employed by a ~~community-based~~	20385
~~long-term care agency~~responsible party in a full-time, part-time,	20386
or temporary direct-care position ~~that involves providing direct~~	20387
~~care to an individual~~ and a person who works in such a position	20388
due to being referred to a ~~community-based long-term care agency~~	20389
responsible party by an employment service. "Employee" does not	20390
include a person who ~~provides direct care to an individual~~works	20391
in a direct-care position as a volunteer ~~without receiving or~~	20392
~~expecting to receive any form of remuneration other than~~	20393
~~reimbursement for actual expenses~~.	20394

(9) "PASSPORT administrative agency" has the same meaning as	20395
in section 173.42 of the Revised Code.	20396

(10) "Provider" has the same meaning as in section 173.39 of	20397
the Revised Code.	20398

(11) "Responsible party" means the following:

20399

(a) An area agency on aging in the case of either of the	20400
following:	20401

(i) A person who is an applicant because the person is under	20402
final consideration for employment with the agency in a full-time,	20403
part-time, or temporary direct-care position or is referred to the	20404
agency by an employment service for such a position;	20405

(ii) A person who is an employee because the person is	20406
employed by the agency in a full-time, part-time, or temporary	20407
direct-care position or works in such a position due to being	20408
referred to the agency by an employment service.	20409

(b) A PASSPORT administrative agency in the case of either of	20410
the following:	20411

(i) A person who is an applicant because the person is under	20412
final consideration for employment with the agency in a full-time,	20413
part-time, or temporary direct-care position or is referred to the	20414
agency by an employment service for such a position;	20415

(ii) A person who is an employee because the person is	20416
employed by the agency in a full-time, part-time, or temporary	20417
direct-care position or works in such a position due to being	20418
referred to the agency by an employment service.	20419

20420

(i) A person who is an applicant because the person is under	20421
final consideration for employment with the provider in a	20422
full-time, part-time, or temporary direct-care position or is	20423
referred to the provider by an employment service for such a	20424
position;	20425

(ii) A person who is an employee because the person is	20426
employed by the provider in a full-time, part-time, or temporary	20427
direct-care position or works in such a position due to being	20428
referred to the provider by an employment service.	20429

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

20430

(i) A person who is an applicant because the person is under	20431
final consideration for employment with the subcontractor in a	20432
full-time, part-time, or temporary direct-care position or is	20433
referred to the subcontractor by an employment service for such a	20434
position;	20435

(ii) A person who is an employee because the person is	20436
employed by the subcontractor in a full-time, part-time, or	20437
temporary direct-care position or works in such a position due to	20438
being referred to the subcontractor by an employment service.	20439

(12) "Subcontractor" has the meaning specified in rules	20440
adopted under this section.	20441

(13) "Volunteer" means a person who serves in a direct-care	20442
position without receiving or expecting to receive any form of	20443
remuneration other than reimbursement for actual expenses.	20444

(14) "Waiver agency" has the same meaning as in section	20445
~~5111.033~~5164.342 of the Revised Code.	20446

(B) This section does not apply to any individual who is	20447
subject to a database review or criminal records check under	20448
section 3701.881 of the Revised Code or to any individual who is	20449
subject to a criminal records check under section 3721.121 of the	20450
Revised Code. If a ~~community-based long-term care agency~~provider	20451
or subcontractor also is a waiver agency, the ~~agency~~provider or	20452
subcontractor may provide for applicants and employees to undergo	20453
database reviews and criminal records checks in accordance with	20454
section ~~5111.033~~5164.342 of the Revised Code rather than this	20455
section.	20456

(C) No ~~community-based long-term care agency~~responsible	20457
party shall employ an applicant or continue to employ an employee	20458
in a direct-care position ~~that involves providing direct care to~~	20459
~~an individual~~ if any of the following apply:	20460

(1) A review of the databases listed in division (E) of this	20461
section reveals any of the following:	20462

(a) That the applicant or employee is included in one or more	20463
of the databases listed in divisions (E)(1) to (5) of this	20464
section;	20465

(b) That there is in the state nurse aide registry	20466
established under section 3721.32 of the Revised Code a statement	20467
detailing findings by the director of health that the applicant or	20468
employee neglected or abused a long-term care facility or	20469
residential care facility resident or misappropriated property of	20470
such a resident;	20471

(c) That the applicant or employee is included in one or more	20472
of the databases, if any, specified in rules adopted under this	20473
section and the rules prohibit the ~~agency~~responsible party from	20474
employing an applicant or continuing to employ an employee	20475
included in such a database in a direct-care position ~~that~~	20476
~~involves providing direct care to an individual~~.	20477

(2) After the applicant or employee is provided, pursuant to	20478
division (F)(2)(a) of this section, a copy of the form prescribed	20479
pursuant to division (C)(1) of section 109.572 of the Revised Code	20480
and the standard impression sheet prescribed pursuant to division	20481
(C)(2) of that section, the applicant or employee fails to	20482
complete the form or provide the applicant's or employee's	20483
fingerprint impressions on the standard impression sheet.	20484

(3) ~~Except as provided~~Unless the applicant or employee meets	20485
standards specified in rules adopted under this section, the	20486
applicant or employee is found by a criminal records check	20487
required by this section to have been convicted of, pleaded guilty	20488
to, or been found eligible for intervention in lieu of conviction	20489
for a disqualifying offense.	20490

(D) Except as provided by division (G) of this section, the	20491
chief administrator of a ~~community-based long-term care agency~~	20492
responsible party shall inform each applicant of both of the	20493
following at the time of the applicant's initial application for	20494
employment or referral to the ~~agency~~responsible party by an	20495
employment service for a direct-care position ~~that involves~~	20496
~~providing direct care to an individual~~:	20497

(1) That a review of the databases listed in division (E) of	20498
this section will be conducted to determine whether the ~~agency~~	20499
responsible party is prohibited by division (C)(1) of this section	20500
from employing the applicant in the direct-care position;	20501

(2) That, unless the database review reveals that the	20502
applicant may not be employed in the direct-care position, a	20503
criminal records check of the applicant will be conducted and the	20504
applicant is required to provide a set of the applicant's	20505
fingerprint impressions as part of the criminal records check.	20506

(E) As a condition of employing any applicant in a	20507
direct-care position ~~that involves providing direct care to an~~	20508
~~individual~~, the chief administrator of a ~~community-based long-term~~	20509
~~care agency~~responsible party shall conduct a database review of	20510
the applicant in accordance with rules adopted under this section.	20511
If rules adopted under this section so require, the chief	20512
administrator of a ~~community-based long-term care agency~~	20513
responsible party shall conduct a database review of an employee	20514
in accordance with the rules as a condition of continuing to	20515
employ the employee in a direct-care position ~~that involves~~	20516
~~providing direct care to an individual~~. However, a chief	20517
administrator is not required to conduct a database review of an	20518
applicant or employee if division (G) of this section applies. A	20519
database review shall determine whether the applicant or employee	20520
is included in any of the following:	20521

(1) The excluded parties list system that is maintained by	20522
the United States general services administration pursuant to	20523
subpart 9.4 of the federal acquisition regulation and available at	20524
the federal web site known as the system for award management;	20525

(2) The list of excluded individuals and entities maintained	20526
by the office of inspector general in the United States department	20527
of health and human services pursuant to ~~section 1128 of~~ the	20528
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	20529
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	20530
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	20531
~~amended~~;	20532

(3) The registry of MR/DD employees established under section	20533
5123.52 of the Revised Code;	20534

(4) The internet-based sex offender and child-victim offender	20535
database established under division (A)(11) of section 2950.13 of	20536
the Revised Code;	20537

(5) The internet-based database of inmates established under	20538
section 5120.66 of the Revised Code;	20539

(6) The state nurse aide registry established under section	20540
3721.32 of the Revised Code;	20541

(7) Any other database, if any, specified in rules adopted	20542
under this section.	20543

(F)(1) As a condition of employing any applicant in a	20544
direct-care position ~~that involves providing direct care to an~~	20545
~~individual~~, the chief administrator of a ~~community-based long-term~~	20546
~~care agency~~responsible party shall request that the	20547
superintendent of the bureau of criminal identification and	20548
investigation conduct a criminal records check of the applicant.	20549
If rules adopted under this section so require, the chief	20550
administrator of a ~~community-based long-term care agency~~	20551
responsible party shall request that the superintendent conduct a	20552
criminal records check of an employee at times specified in the	20553
rules as a condition of continuing to employ the employee in a	20554
direct-care position ~~that involves providing direct care to an~~	20555
~~individual~~. However, the chief administrator is not required to	20556
request the criminal records check of the applicant or employee if	20557
division (G) of this section applies or the ~~agency~~responsible	20558
party is prohibited by division (C)(1) of this section from	20559
employing the applicant or continuing to employ the employee in a	20560
direct-care position ~~that involves providing direct care to an~~	20561
~~individual~~. If an applicant or employee for whom a criminal	20562
records check request is required by this section does not present	20563
proof of having been a resident of this state for the five-year	20564
period immediately prior to the date the criminal records check is	20565
requested or provide evidence that within that five-year period	20566
the superintendent has requested information about the applicant	20567
or employee from the federal bureau of investigation in a criminal	20568
records check, the chief administrator shall request that the	20569
superintendent obtain information from the federal bureau of	20570
investigation as part of the criminal records check. Even if an	20571
applicant or employee for whom a criminal records check request is	20572
required by this section presents proof of having been a resident	20573
of this state for the five-year period, the chief administrator	20574
may request that the superintendent include information from the	20575
federal bureau of investigation in the criminal records check.	20576

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

20577

(a) Provide to each applicant and employee for whom a	20578
criminal records check request is required by this section a copy	20579
of the form prescribed pursuant to division (C)(1) of section	20580
109.572 of the Revised Code and a standard impression sheet	20581
prescribed pursuant to division (C)(2) of that section;	20582

(b) Obtain the completed form and standard impression sheet	20583
from the applicant or employee;	20584

(c) Forward the completed form and standard impression sheet	20585
to the superintendent.	20586

(3) A ~~community-based long-term care agency~~responsible party	20587
shall pay to the bureau of criminal identification and	20588
investigation the fee prescribed pursuant to division (C)(3) of	20589
section 109.572 of the Revised Code for each criminal records	20590
check the ~~agency~~responsible party requests under this section. An	20591
~~agency~~A responsible party may charge an applicant a fee not	20592
exceeding the amount the ~~agency~~responsible party pays to the	20593
bureau under this section if both of the following apply:	20594

(a) The ~~agency~~responsible party notifies the applicant at	20595
the time of initial application for employment of the amount of	20596
the fee and that, unless the fee is paid, the applicant will not	20597
be considered for employment.	20598

(b) The medicaid program ~~established under Chapter 5111. of~~	20599
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	20600
party for the fee it pays to the bureau under this section.	20601

(G) Divisions (D) to (F) of this section do not apply with	20602
regard to an applicant or employee if the applicant or employee is	20603
referred to a ~~community-based long-term agency~~responsible party	20604
by an employment service that supplies full-time, part-time, or	20605
temporary staff for direct-care positions ~~that involve providing~~	20606
~~direct care to an individual~~ and both of the following apply:	20607

(1) The chief administrator of the ~~agency~~responsible party	20608
receives from the employment service confirmation that a review of	20609
the databases listed in division (E) of this section was conducted	20610
of the applicant or employee.	20611

(2) The chief administrator of the ~~agency~~responsible party	20612
receives from the employment service, applicant, or employee a	20613
report of the results of a criminal records check of the applicant	20614
or employee that has been conducted by the superintendent within	20615
the one-year period immediately preceding the following:	20616

(a) In the case of an applicant, the date of the applicant's	20617
referral by the employment service to the ~~agency~~responsible	20618
party;	20619

(b) In the case of an employee, the date by which the ~~agency~~	20620
responsible party would otherwise have to request a criminal	20621
records check of the employee under division (F) of this section.	20622

(H)(1) A ~~community-based long-term care agency~~responsible	20623
party may employ conditionally an applicant for whom a criminal	20624
records check request is required by this section prior to	20625
obtaining the results of the criminal records check if the ~~agency~~	20626
responsible party is not prohibited by division (C)(1) of this	20627
section from employing the applicant in a direct-care position	20628
~~that involves providing direct care to an individual~~ and either of	20629
the following applies:	20630

(a) The chief administrator of the ~~agency~~responsible party	20631
requests the criminal records check in accordance with division	20632
(F) of this section not later than five business days after the	20633
applicant begins conditional employment.	20634

(b) The applicant is referred to the ~~agency~~responsible party	20635
by an employment service, the employment service or the applicant	20636
provides the chief administrator of the ~~agency~~responsible party a	20637
letter that is on the letterhead of the employment service, the	20638
letter is dated and signed by a supervisor or another designated	20639
official of the employment service, and the letter states all of	20640
the following:	20641

(i) That the employment service has requested the	20642
superintendent to conduct a criminal records check regarding the	20643
applicant;	20644

(ii) That the requested criminal records check is to include	20645
a determination of whether the applicant has been convicted of,	20646
pleaded guilty to, or been found eligible for intervention in lieu	20647
of conviction for a disqualifying offense;	20648

(iii) That the employment service has not received the	20649
results of the criminal records check as of the date set forth on	20650
the letter;	20651

(iv) That the employment service promptly will send a copy of	20652
the results of the criminal records check to the chief	20653
administrator of the ~~agency~~responsible party when the employment	20654
service receives the results.	20655

(2) If a ~~community-based long-term care agency~~responsible	20656
party employs an applicant conditionally pursuant to division	20657
(H)(1)(b) of this section, the employment service, on its receipt	20658
of the results of the criminal records check, promptly shall send	20659
a copy of the results to the chief administrator of the ~~agency~~	20660
responsible party.	20661

(3) A ~~community-based long-term care agency~~responsible party	20662
that employs an applicant conditionally pursuant to division	20663
(H)(1)(a) or (b) of this section shall terminate the applicant's	20664
employment if the results of the criminal records check, other	20665
than the results of any request for information from the federal	20666
bureau of investigation, are not obtained within the period ending	20667
sixty days after the date the request for the criminal records	20668
check is made. Regardless of when the results of the criminal	20669
records check are obtained, if the results indicate that the	20670
applicant has been convicted of, pleaded guilty to, or been found	20671
eligible for intervention in lieu of conviction for a	20672
disqualifying offense, the ~~agency~~responsible party shall	20673
terminate the applicant's employment unless ~~circumstances~~the	20674
applicant meets standards specified in rules adopted under this	20675
section that permit the ~~agency~~responsible party to employ the	20676
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	20677
the applicant. Termination of employment under this division shall	20678
be considered just cause for discharge for purposes of division	20679
(D)(2) of section 4141.29 of the Revised Code if the applicant	20680
makes any attempt to deceive the ~~agency~~responsible party about	20681
the applicant's criminal record.	20682

(I) The report of any criminal records check conducted	20683
pursuant to a request made under this section is not a public	20684
record for the purposes of section 149.43 of the Revised Code and	20685
shall not be made available to any person other than the	20686
following:	20687

(1) The applicant or employee who is the subject of the	20688
criminal records check or the applicant's or employee's	20689
representative;	20690

(2) The chief administrator of the ~~community-based long-term~~	20691
~~care agency~~responsible party requesting the criminal records	20692
check or the administrator's representative;	20693

(3) The administrator of any other facility, agency, or	20694
program that provides ~~direct care to individuals~~community-based	20695
long-term care services that is owned or operated by the same	20696
entity that owns or operates the ~~community-based long-term care~~	20697
~~agency~~responsible party that requested the criminal records	20698
check;	20699

(4) The employment service that requested the criminal	20700
records check;	20701

(5) The director of aging or a person authorized by the	20702
director to monitor a ~~community-based long-term care agency's~~	20703
responsible party's compliance with this section;	20704

(6) The medicaid director ~~of job and family services~~ and the	20705
staff of the department of ~~job and family services~~medicaid who	20706
are involved in the administration of the medicaid program if	20707
either of the following apply:	20708

(a) In the case of a criminal records check requested by a	20709
~~community-based long-term care agency~~provider or subcontractor,	20710
the ~~agency~~provider or subcontractor also is a waiver agency;	20711

(b) In the case of a criminal records check requested by an	20712
employment service, the employment service makes the request for	20713
an applicant or employee the employment service refers to a	20714
~~community-based long-term care agency~~provider or subcontractor	20715
that also is a waiver agency.	20716

(7) A court, hearing officer, or other necessary individual	20717
involved in a case dealing with any of the following:	20718

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

20719

(b) Employment or unemployment benefits of the applicant or	20720
employee;	20721

(c) A civil or criminal action regarding the medicaid program	20722
or a program the department of aging administers.	20723

(J) In a tort or other civil action for damages that is	20724
brought as the result of an injury, death, or loss to person or	20725
property caused by an applicant or employee who a ~~community-based~~	20726
~~long-term care agency~~responsible party employs in a direct-care	20727
position ~~that involves providing direct care to individuals~~, all	20728
of the following shall apply:	20729

(1) If the ~~agency~~responsible party employed the applicant or	20730
employee in good faith and reasonable reliance on the report of a	20731
criminal records check requested under this section, the ~~agency~~	20732
responsible party shall not be found negligent solely because of	20733
its reliance on the report, even if the information in the report	20734
is determined later to have been incomplete or inaccurate.	20735

(2) If the ~~agency~~responsible party employed the applicant in	20736
good faith on a conditional basis pursuant to division (H) of this	20737
section, the ~~agency~~responsible party shall not be found	20738
negligent solely because it employed the applicant prior to	20739
receiving the report of a criminal records check requested under	20740
this section.	20741

(3) If the ~~agency~~responsible party in good faith employed	20742
the applicant or employee ~~according to~~because the ~~personal~~	20743
~~character~~applicant or employee meets standards ~~established~~	20744
specified in rules adopted under this section, the ~~agency~~	20745
responsible party shall not be found negligent solely because the	20746
applicant or employee has been convicted of, pleaded guilty to, or	20747
been found eligible for intervention in lieu of conviction for a	20748
disqualifying offense.	20749

(K) The director of aging shall adopt rules in accordance	20750
with Chapter 119. of the Revised Code to implement this section.	20751

(1) The rules may do the following:

20752

(a) Require employees to undergo database reviews and	20753
criminal records checks under this section;	20754

(b) If the rules require employees to undergo database	20755
reviews and criminal records checks under this section, exempt one	20756
or more classes of employees from the requirements;	20757

(c) For the purpose of division (E)(7) of this section,	20758
specify other databases that are to be checked as part of a	20759
database review conducted under this section.	20760

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

20761

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

20762

(b) The procedures for conducting database reviews under this	20763
section;	20764

~~(b)~~(c) If the rules require employees to undergo database	20765
reviews and criminal records checks under this section, the times	20766
at which the database reviews and criminal records checks are to	20767
be conducted;	20768

~~(c)~~(d) If the rules specify other databases to be checked as	20769
part of the database reviews, the circumstances under which a	20770
~~community-based long-term care agency~~responsible party is	20771
prohibited from employing an applicant or continuing to employ an	20772
employee who is found by a database review to be included in one	20773
or more of those databases;	20774

~~(d) Circumstances under which a community-based long-term~~	20775
~~care agency may employ~~(e) Standards that an applicant or employee	20776
~~who~~must meet for a responsible party to be permitted to employ	20777
the applicant or continue to employ the employee in a direct-care	20778
position if the applicant or employee is found by a criminal	20779
records check required by this section to have been convicted of,	20780
pleaded guilty to, or been found eligible for intervention in lieu	20781
of conviction for a disqualifying offense ~~but meets personal~~	20782
~~character standards~~.	20783

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	20784
173.393 of the Revised Code:	20785

(1) "~~Community-based long-term care agency~~Provider" means a	20786
person or ~~government~~governmental entity that provides	20787
community-based long-term care services under a program the	20788
department of aging administers~~, regardless of whether the person~~	20789
~~or government entity is certified under section 173.391 or~~	20790
~~authorized to receive payment for the services from the department~~	20791
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	20792
~~long-term care agency~~Provider" includes a person or ~~government~~	20793
governmental entity that provides home and community-based	20794
services to older adults through the PASSPORT program ~~created~~	20795
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	20796

(2) "Community-based long-term care services" has the same	20797
meaning as in section 173.14 of the Revised Code.	20798

(B) Except as provided in section 173.392 of the Revised	20799
Code, the department of aging may not pay a ~~person or government~~	20800
~~entity~~provider for providing community-based long-term care	20801
services under a program the department administers unless the	20802
~~person or government entity~~provider is certified under section	20803
173.391 of the Revised Code and provides the services.	20804

Sec. 173.391. (A) The department of aging or its designee	20805
shall do all of the following in accordance with Chapter 119. of	20806
the Revised Code:	20807

(1) Certify a ~~person or government entity~~provider to provide	20808
community-based long-term care services under a program the	20809
department administers if the ~~person or government entity~~provider	20810
satisfies the requirements for certification established by rules	20811
adopted under division (B) of this section and pays the fee, if	20812
any, established by rules adopted under division (G) of this	20813
section;	20814

(2) When required to do so by rules adopted under division	20815
(B) of this section, take one or more of the following	20816
disciplinary actions against a ~~person or government entity~~	20817
provider certified under division (A)(1) of this section:	20818

(a) Issue a written warning;

20819

(b) Require the submission of a plan of correction or	20820
evidence of compliance with requirements identified by the	20821
department;	20822

20823

(d) Remove clients;

20824

(e) Impose a fiscal sanction such as a civil monetary penalty	20825
or an order that unearned funds be repaid;	20826

(f) Suspend the certification;

20827

(g) Revoke the certification;

20828

(h) Impose another sanction.

20829

(3) Except as provided in division (E) of this section, hold	20830
hearings when there is a dispute between the department or its	20831
designee and a ~~person or government entity~~provider concerning	20832
actions the department or its designee takes regarding a decision	20833
not to certify the ~~person or government entity~~provider under	20834
division (A)(1) of this section or a disciplinary action under	20835
divisions (A)(2)(e) to (h) of this section.	20836

(B) The director of aging shall adopt rules in accordance	20837
with Chapter 119. of the Revised Code establishing certification	20838
requirements and standards for determining which type of	20839
disciplinary action to take under division (A)(2) of this section	20840
in individual situations. The rules shall establish procedures for	20841
all of the following:	20842

(1) Ensuring that ~~community-based long-term care agencies~~	20843
providers comply with section ~~173.394~~173.38 of the Revised Code;	20844

(2) Evaluating the services provided by the ~~agencies~~	20845
providers to ensure that the services are provided in a quality	20846
manner advantageous to the individual receiving the services;	20847

(3) Determining when to take disciplinary action under	20848
division (A)(2) of this section and which disciplinary action to	20849
take;	20850

(4) Determining what constitutes another sanction for	20851
purposes of division (A)(2)(h) of this section.	20852

(C) The procedures established in rules adopted under	20853
division (B)(2) of this section shall require that all of the	20854
following be considered as part of an evaluation described in	20855
division (B)(2) of this section:	20856

(1) The ~~community-based long-term care agency's~~provider's	20857
experience and financial responsibility;	20858

(2) The ~~agency's~~provider's ability to comply with standards	20859
for the community-based long-term care services that the ~~agency~~	20860
provider provides under a program the department administers;	20861

(3) The ~~agency's~~provider's ability to meet the needs of the	20862
individuals served;	20863

(4) Any other factor the director considers relevant.

20864

(D) The rules adopted under division (B)(3) of this section	20865
shall specify that the reasons disciplinary action may be taken	20866
under division (A)(2) of this section include good cause,	20867
including misfeasance, malfeasance, nonfeasance, confirmed abuse	20868
or neglect, financial irresponsibility, or other conduct the	20869
director determines is injurious, or poses a threat, to the health	20870
or safety of individuals being served.	20871

(E) Subject to division (F) of this section, the department	20872
is not required to hold hearings under division (A)(3) of this	20873
section if any of the following conditions apply:	20874

(1) Rules adopted by the director of aging pursuant to this	20875
chapter require the ~~community-based long-term care agency~~provider	20876
to be a party to a provider agreement; hold a license,	20877
certificate, or permit; or maintain a certification, any of which	20878
is required or issued by a state or federal government entity	20879
other than the department of aging, and either of the following is	20880
the case:	20881

(a) The provider agreement has not been entered into or the	20882
license, certificate, permit, or certification has not been	20883
obtained or maintained.	20884

(b) The provider agreement, license, certificate, permit, or	20885
certification has been denied, revoked, not renewed, or suspended	20886
or has been otherwise restricted.	20887

(2) The ~~agency's~~provider's certification under this section	20888
has been denied, suspended, or revoked for any of the following	20889
reasons:	20890

(a) A ~~government~~governmental entity of this state, other	20891
than the department of aging, has terminated or refused to renew	20892
any of the following held by, or has denied any of the following	20893
sought by, a ~~community-based long-term care agency~~provider: a	20894
provider agreement, license, certificate, permit, or	20895
certification. Division (E)(2)(a) of this section applies	20896
regardless of whether the ~~agency~~provider has entered into a	20897
provider agreement in, or holds a license, certificate, permit, or	20898
certification issued by, another state.	20899

(b) The ~~agency~~provider or a principal owner or manager of	20900
the ~~agency~~provider who provides direct care has entered a guilty	20901
plea for, or has been convicted of, an offense materially related	20902
to the medicaid program.	20903

(c) The ~~agency~~provider or a principal owner or manager of	20904
the ~~agency~~provider who provides direct care has entered a guilty	20905
plea for, been convicted of, or been found eligible for	20906
intervention in lieu of conviction for an offense listed or	20907
described in divisions (A)(3)(a) to (e) of section 109.572 of the	20908
Revised Code, but only if ~~none of the personal character~~the	20909
provider, principal owner, or manager does not meet standards	20910
~~established~~specified by the director in rules adopted under	20911
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	20912

(d) The United States department of health and human services	20913
has taken adverse action against the ~~agency~~provider and that	20914
action impacts the ~~agency's~~provider's participation in the	20915
medicaid program.	20916

(e) The ~~agency~~provider has failed to enter into or renew a	20917
provider agreement with the PASSPORT administrative agency, as	20918
that term is defined in section 173.42 of the Revised Code, that	20919
administers programs on behalf of the department of aging in the	20920
region of the state in which the ~~agency~~provider is certified to	20921
provide services.	20922

(f) The ~~agency~~provider has not billed or otherwise submitted	20923
a claim to the department for payment under the medicaid program	20924
in at least two years.	20925

(g) The ~~agency~~provider denied or failed to provide the	20926
department or its designee access to the ~~agency's~~provider's	20927
facilities during the ~~agency's~~provider's normal business hours	20928
for purposes of conducting an audit or structural compliance	20929
review.	20930

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

20931

(i) The ~~agency~~provider has voluntarily relinquished its	20932
certification for any reason.	20933

(3) The ~~agency's~~provider's provider agreement with the	20934
department of ~~job and family services~~medicaid has been suspended	20935
under division (C) of section ~~5111.031~~5164.37 of the Revised	20936
Code.	20937

(4) The ~~agency's~~provider's provider agreement with the	20938
department of ~~job and family services~~medicaid is denied or	20939
revoked because the ~~agency~~provider or its owner, officer,	20940
authorized agent, associate, manager, or employee has been	20941
convicted of an offense that caused the provider agreement to be	20942
suspended under section ~~5111.031~~5164.37 of the Revised Code.	20943

(F) If the department does not hold hearings when any	20944
condition described in division (E) of this section applies, the	20945
department may send a notice to the ~~agency~~provider describing a	20946
decision not to certify the ~~agency~~provider under division (A)(1)	20947
of this section or the disciplinary action the department proposes	20948
to take under division (A)(2)(e) to (h) of this section. The	20949
notice shall be sent to the ~~agency's~~provider's address that is on	20950
record with the department and may be sent by regular mail.	20951

(G) The director of aging may adopt rules in accordance with	20952
Chapter 119. of the Revised Code establishing a fee to be charged	20953
by the department of aging or its designee for certification	20954
issued under this section.	20955

All fees collected by the department or its designee under	20956
this section shall be deposited in the state treasury to the	20957
credit of the provider certification fund, which is hereby	20958
created. Money credited to the fund shall be used to pay for	20959
community-based long-term care services, administrative costs	20960
associated with ~~community-based long-term care agency~~provider	20961
certification under this section, and administrative costs related	20962
to the publication of the Ohio long-term care consumer guide.	20963

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	20964
~~government entity~~provider for providing community-based long-term	20965
care services under a program the department administers, even	20966
though the ~~person or government entity~~provider is not certified	20967
under section 173.391 of the Revised Code, if all of the following	20968
are the case:	20969

(1) The ~~person or government entity~~provider has a contract	20970
with the department of aging or the department's designee to	20971
provide the services in accordance with the contract or has	20972
received a grant from the department or its designee to provide	20973
the services in accordance with a grant agreement;	20974

(2) The contract or grant agreement includes detailed	20975
conditions of participation for ~~providers of services under a~~	20976
~~program the department administers~~the provider and service	20977
standards that the ~~person or government entity~~provider is	20978
required to satisfy;	20979

(3) The ~~person or government entity~~provider complies with	20980
the contract or grant agreement;	20981

(4) The contract or grant is not for medicaid-funded	20982
services, other than services provided under the PACE program	20983
administered by the department of aging under section 173.50 of	20984
the Revised Code.	20985

(B) The director of aging shall adopt rules in accordance	20986
with Chapter 119. of the Revised Code governing both of the	20987
following:	20988

(1) Contracts and grant agreements between the department of	20989
aging or its designee and ~~persons and government entities~~	20990
~~regarding community-based long-term care services provided under a~~	20991
~~program the department administers~~providers;	20992

(2) The department's payment for community-based long-term	20993
care services under this section.	20994

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	20995
the Revised Code:	20996

(1) "Area agency on aging" means a public or private	20997
nonprofit entity designated under section 173.011 of the Revised	20998
Code to administer programs on behalf of the department of aging.	20999

(2) "Department of aging-administered medicaid waiver	21000
component" means each of the following:	21001

(a) The medicaid-funded component of the PASSPORT program	21002
created under section ~~173.40~~173.52 of the Revised Code;	21003

(b) The choices program created under section ~~173.403~~173.53	21004
of the Revised Code;	21005

(c) The medicaid-funded component of the assisted living	21006
program created under section ~~5111.89~~173.54 of the Revised Code;	21007

(d) Any other medicaid waiver component, as defined in	21008
section ~~5111.85~~5166.01 of the Revised Code, that the department	21009
of aging administers pursuant to an interagency agreement with the	21010
department of ~~job and family services~~medicaid under section	21011
~~5111.91~~5162.35 of the Revised Code.	21012

(3) "Home and community-based services covered by medicaid	21013
components the department of aging administers" means all of the	21014
following:	21015

(a) Medicaid waiver services available to a participant in a	21016
department of aging-administered medicaid waiver component;	21017

(b) The following medicaid state plan services available to a	21018
participant in a department of aging-administered medicaid waiver	21019
component as specified in rules adopted under section ~~5111.02~~	21020
5164.02 of the Revised Code:	21021

(i) Home health services;

21022

(ii) Private duty nursing services;

21023

(iii) Durable medical equipment;

21024

(iv) Services of a clinical nurse specialist;

21025

(v) Services of a certified nurse practitioner.

21026

21027

(4) "Long-term care consultation" or "consultation" means the	21028
consultation service made available by the department of aging or	21029
a program administrator through the long-term care consultation	21030
program established pursuant to this section.	21031

(5) ~~"Medicaid" means the medical assistance program~~	21032
~~established under Chapter 5111. of the Revised Code.~~	21033

~~(6)~~ "Nursing facility" has the same meaning as in section	21034
~~5111.20~~5165.01 of the Revised Code.	21035

~~(7)~~(6) "PACE program" means the component of the medicaid	21036
program the department of aging administers pursuant to section	21037
173.50 of the Revised Code.	21038

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	21039
contract with the department of aging to provide administrative	21040
services regarding the PASSPORT program.	21041

~~(9)~~(8) "Program administrator" means an area agency on aging	21042
or other entity under contract with the department of aging to	21043
administer the long-term care consultation program in a geographic	21044
region specified in the contract.	21045

~~(10)~~(9) "Representative" means a person acting on behalf of	21046
an individual specified in division (G) of this section. A	21047
representative may be a family member, attorney, hospital social	21048
worker, or any other person chosen to act on behalf of the	21049
individual.	21050

(B) The department of aging shall develop a long-term care	21051
consultation program whereby individuals or their representatives	21052
are provided with long-term care consultations and receive through	21053
these professional consultations information about options	21054
available to meet long-term care needs and information about	21055
factors to consider in making long-term care decisions. The	21056
long-term care consultations provided under the program may be	21057
provided at any appropriate time, as permitted or required under	21058
this section and the rules adopted under it, including either	21059
prior to or after the individual who is the subject of a	21060
consultation has been admitted to a nursing facility or granted	21061
assistance in receiving home and community-based services covered	21062
by medicaid components the department of aging administers.	21063

(C) The long-term care consultation program shall be	21064
administered by the department of aging, except that the	21065
department may have the program administered on a regional basis	21066
by one or more program administrators. The department and each	21067
program administrator shall administer the program in such a	21068
manner that all of the following are included:	21069

(1) Coordination and collaboration with respect to all	21070
available funding sources for long-term care services;	21071

(2) Assessments of individuals regarding their long-term care	21072
service needs;	21073

(3) Assessments of individuals regarding their on-going	21074
eligibility for long-term care services;	21075

(4) Procedures for assisting individuals in obtaining access	21076
to, and coordination of, health and supportive services, including	21077
department of aging-administered medicaid waiver components;	21078

(5) Priorities for using available resources efficiently and	21079
effectively.	21080

(D) The program's long-term care consultations shall be	21081
provided by individuals certified by the department under section	21082
173.422 of the Revised Code.	21083

(E) The information provided through a long-term care	21084
consultation shall be appropriate to the individual's needs and	21085
situation and shall address all of the following:	21086

(1) The availability of any long-term care options open to	21087
the individual;	21088

(2) Sources and methods of both public and private payment	21089
for long-term care services;	21090

(3) Factors to consider when choosing among the available	21091
programs, services, and benefits;	21092

(4) Opportunities and methods for maximizing independence and	21093
self-reliance, including support services provided by the	21094
individual's family, friends, and community.	21095

(F) An individual's long-term care consultation may include	21096
an assessment of the individual's functional capabilities. The	21097
consultation may incorporate portions of the determinations	21098
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	21099
and 5165.03 of the Revised Code and may be provided concurrently	21100
with the assessment required under section ~~5111.204~~173.546 or	21101
5165.04 of the Revised Code.	21102

(G)(1) Unless an exemption specified in division (I) of this	21103
section is applicable, each of the following shall be provided	21104
with a long-term care consultation:	21105

(a) An individual who applies or indicates an intention to	21106
apply for admission to a nursing facility, regardless of the	21107
source of payment to be used for the individual's care in a	21108
nursing facility;	21109

(b) An individual who requests a long-term care consultation;

21110

(c) An individual identified by the department or a program	21111
administrator as being likely to benefit from a long-term care	21112
consultation.	21113

(2) In addition to the individuals specified in division	21114
(G)(1) of this section, a long-term care consultation may be	21115
provided to a nursing facility resident regardless of the source	21116
of payment being used for the resident's care in the nursing	21117
facility.	21118

(H)(1) Except as provided in division (H)(2) or (3) of this	21119
section, a long-term care consultation provided pursuant to	21120
division (G) of this section shall be provided as follows:	21121

(a) If the individual for whom the consultation is being	21122
provided has applied for medicaid and the consultation is being	21123
provided concurrently with the assessment required under section	21124
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	21125
completed in accordance with the applicable time frames specified	21126
in that section for providing a level of care determination based	21127
on the assessment.	21128

(b) In all other cases, the consultation shall be provided	21129
not later than five calendar days after the department or program	21130
administrator receives notice of the reason for which the	21131
consultation is to be provided pursuant to division (G) of this	21132
section.	21133

(2) An individual or the individual's representative may	21134
request that a long-term care consultation be provided on a date	21135
that is later than the date required under division (H)(1)(a) or	21136
(b) of this section.	21137

(3) If a long-term care consultation cannot be completed	21138
within the number of days required by division (H)(1) or (2) of	21139
this section, the department or program administrator may do any	21140
of the following:	21141

(a) In the case of an individual specified in division (G)(1)	21142
of this section, exempt the individual from the consultation	21143
pursuant to rules that may be adopted under division (L) of this	21144
section;	21145

(b) In the case of an applicant for admission to a nursing	21146
facility, provide the consultation after the individual is	21147
admitted to the nursing facility;	21148

(c) In the case of a resident of a nursing facility, provide	21149
the consultation as soon as practicable.	21150

(I) An individual is not required to be provided a long-term	21151
care consultation under division (G)(1) of this section if any of	21152
the following apply:	21153

(1) The department or program administrator has attempted to	21154
provide the consultation, but the individual or the individual's	21155
representative refuses to cooperate;	21156

(2) The individual is to receive care in a nursing facility	21157
under a contract for continuing care as defined in section 173.13	21158
of the Revised Code;	21159

(3) The individual has a contractual right to admission to a	21160
nursing facility operated as part of a system of continuing care	21161
in conjunction with one or more facilities that provide a less	21162
intensive level of services, including a residential care facility	21163
licensed under Chapter 3721. of the Revised Code, a residential	21164
facility licensed under section ~~5119.22~~5119.34 of the Revised	21165
Code that provides accommodations, supervision, and personal care	21166
services for three to sixteen unrelated adults, or an independent	21167
living arrangement;	21168

(4) The individual is to receive continual care in a home for	21169
the aged exempt from taxation under section 5701.13 of the Revised	21170
Code;	21171

(5) The individual is seeking admission to a facility that is	21172
not a nursing facility with a provider agreement under section	21173
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	21174
Revised Code;	21175

(6) The individual is exempted from the long-term care	21176
consultation requirement by the department or the program	21177
administrator pursuant to rules that may be adopted under division	21178
(L) of this section.	21179

(J) As part of the long-term care consultation program, the	21180
department or program administrator shall assist an individual or	21181
individual's representative in accessing all sources of care and	21182
services that are appropriate for the individual and for which the	21183
individual is eligible, including all available home and	21184
community-based services covered by medicaid components the	21185
department of aging administers. The assistance shall include	21186
providing for the conduct of assessments or other evaluations and	21187
the development of individualized plans of care or services under	21188
section 173.424 of the Revised Code.	21189

(K) No nursing facility for which an operator has a provider	21190
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	21191
~~5111.672~~5165.512 of the Revised Code shall admit any individual	21192
as a resident, unless the nursing facility has received evidence	21193
that a long-term care consultation has been completed for the	21194
individual or division (I) of this section is applicable to the	21195
individual.	21196

(L) The director of aging may adopt any rules the director	21197
considers necessary for the implementation and administration of	21198
this section. The rules shall be adopted in accordance with	21199
Chapter 119. of the Revised Code and may specify any or all of the	21200
following:	21201

(1) Procedures for providing long-term care consultations	21202
pursuant to this section;	21203

(2) Information to be provided through long-term care	21204
consultations regarding long-term care services that are	21205
available;	21206

(3) Criteria and procedures to be used to identify and	21207
recommend appropriate service options for an individual receiving	21208
a long-term care consultation;	21209

(4) Criteria for exempting individuals from the long-term	21210
care consultation requirement;	21211

(5) Circumstances under which it may be appropriate to	21212
provide an individual's long-term care consultation after the	21213
individual's admission to a nursing facility rather than before	21214
admission;	21215

(6) Criteria for identifying nursing facility residents who	21216
would benefit from the provision of a long-term care consultation;	21217

(7) A description of the types of information from a nursing	21218
facility that is needed under the long-term care consultation	21219
program to assist a resident with relocation from the facility;	21220

(8) Standards to prevent conflicts of interest relative to	21221
the referrals made by a person who performs a long-term care	21222
consultation, including standards that prohibit the person from	21223
being employed by a provider of long-term care services;	21224

(9) Procedures for providing notice and an opportunity for a	21225
hearing under division (N) of this section.	21226

(M) To assist the department and each program administrator	21227
with identifying individuals who are likely to benefit from a	21228
long-term care consultation, the department and program	21229
administrator may ask to be given access to nursing facility	21230
resident assessment data collected through the use of the resident	21231
assessment instrument specified in rules ~~adopted under~~authorized	21232
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	21233
the medicaid program. Except when prohibited by state or federal	21234
law, the department of health, department of ~~job and family~~	21235
~~services~~medicaid, or nursing facility holding the data shall	21236
grant access to the data on receipt of the request from the	21237
department of aging or program administrator.	21238

(N)(1) The director of aging, after providing notice and an	21239
opportunity for a hearing, may fine a nursing facility an amount	21240
determined by rules the director shall adopt in accordance with	21241
Chapter 119. of the Revised Code for any of the following reasons:	21242

(a) The nursing facility admits an individual, without	21243
evidence that a long-term care consultation has been provided, as	21244
required by this section;	21245

(b) The nursing facility denies a person attempting to	21246
provide a long-term care consultation access to the facility or a	21247
resident of the facility;	21248

(c) The nursing facility denies the department of aging or	21249
program administrator access to the facility or a resident of the	21250
facility, as the department or administrator considers necessary	21251
to administer the program.	21252

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	21253
Code, all fines collected under division (N)(1) of this section	21254
shall be deposited into the state treasury to the credit of the	21255
residents protection fund.	21256

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	21257
~~Code, the~~The department of aging shall enter into an interagency	21258
agreement with the department of ~~job and family services~~medicaid	21259
under section ~~5111.91~~5162.35 of the Revised Code under which the	21260
department of aging is required to establish for each biennium a	21261
unified long-term care budget for home and community-based	21262
services covered by medicaid components the department of aging	21263
administers. The interagency agreement shall require the	21264
department of aging to do all of the following:	21265

(1) Administer the unified long-term care budget in	21266
accordance with sections 173.43 to 173.434 of the Revised Code and	21267
the general assembly's appropriations for home and community-based	21268
services covered by medicaid components the department of aging	21269
administers for the applicable biennium;	21270

(2) Contract with each PASSPORT administrative agency for	21271
assistance in the administration of the unified long-term care	21272
budget;	21273

(3) Provide individuals who are eligible for home and	21274
community-based services covered by medicaid components the	21275
department of aging administers a choice of services that meet the	21276
individuals' needs and improve their quality of life;	21277

(4) Provide a continuum of services that meet the life-long	21278
needs of individuals who are eligible for home and community-based	21279
services covered by medicaid components the department of aging	21280
administers.	21281

(B) The director of budget and management shall create new	21282
appropriation items as necessary for establishment of the unified	21283
long-term care budget.	21284

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	21285
~~Code, the~~The department of aging shall ensure that the unified	21286
long-term care budget established under section 173.43 of the	21287
Revised Code is administered in a manner that provides medicaid	21288
coverage of and expands access to all of the following as	21289
necessary to meet the needs of individuals receiving home and	21290
community-based services covered by medicaid components the	21291
department of aging administers:	21292

(A) To the extent permitted by the medicaid waivers	21293
authorizing department of aging-administered medicaid waiver	21294
components, all of the following medicaid waiver services provided	21295
under department of aging-administered medicaid waiver components:	21296

(1) Personal care services;

21297

(2) Home-delivered meals;

21298

(3) Adult day-care;

21299

(4) Homemaker services;

21300

(5) Emergency response services;

21301

(6) Medical equipment and supplies;

21302

(7) Chore services;

21303

(8) Social work counseling;

21304

(9) Nutritional counseling;

21305

(10) Independent living assistance;

21306

(11) Medical transportation;

21307

(12) Nonmedical transportation;

21308

(13) Home care attendant services;

21309

(14) Assisted living services;

21310

(15) Community transition services;

21311

(16) Enhanced community living services;

21312

(17) All other medicaid waiver services provided under	21313
department of aging-administered medicaid waiver components.	21314

(B) All of the following state medicaid plan services as	21315
specified in rules adopted under section ~~5111.02~~5164.02 of the	21316
Revised Code:	21317

(1) Home health services;

21318

(2) Private duty nursing services;

21319

(3) Durable medical equipment;

21320

(4) Services of a clinical nurse specialist;

21321

(5) Services of a certified nurse practitioner.

21322

21323

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	21324
~~the~~The department of aging or its designee shall provide care	21325
management and authorization services with regard to the state	21326
plan services specified in division (B) of section 173.431 of the	21327
Revised Code that are provided to participants of department of	21328
aging-administered medicaid waiver components. The department or	21329
its designee shall ensure that no person providing the care	21330
management and authorization services performs an activity that	21331
may not be performed without a valid certificate or license issued	21332
by an agency of this state unless the person holds the valid	21333
certificate or license.	21334

Sec. 173.434. ~~The director of job and family services shall~~	21335
~~adopt~~To the extent authorized by rules ~~under~~authorized by	21336
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	21337
director of aging toshall adopt rules that are needed to	21338
implement sections 173.43 to 173.432 of the Revised Code. The	21339
~~director of aging's~~ rules shall be adopted in accordance with	21340
Chapter 119. of the Revised Code.	21341

Sec. 173.45. As used in this section and in sections 173.46	21342
to 173.49 of the Revised Code:	21343

(A) "Residential facility" means a residential facility	21344
licensed under section ~~5119.22~~5119.34 of the Revised Code that	21345
provides accommodations, supervision, and personal care services	21346
for three to sixteen unrelated adults.	21347

(B) "Community-based long-term care services" has the same	21348
meaning as in section 173.14 of the Revised Code.	21349

(C) "Long-term care facility" means a nursing home or	21350
residential care facility.	21351

(D) "Nursing home" and "residential care facility" have the	21352
same meanings as in section 3721.01 of the Revised Code.	21353

(E) "Nursing facility" has the same meaning as in section	21354
~~5111.20~~5165.01 of the Revised Code.	21355

Sec. 173.47. (A) For purposes of publishing the Ohio	21356
long-term care consumer guide, the department of aging shall	21357
conduct or provide for the conduct of an annual customer	21358
satisfaction survey of each long-term care facility. The results	21359
of the surveys may include information obtained from long-term	21360
care facility residents, their families, or both. A survey that is	21361
to include information obtained from nursing facility residents	21362
shall include the questions specified in divisions (C)(7)(a) and	21363
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	21364
the Revised Code. A survey that is to include information obtained	21365
from the families of nursing facility residents shall include the	21366
questions specified in divisions (C)(8)(a) and (b) and (19) and	21367
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	21368

(B) Each long-term care facility shall cooperate in the	21369
conduct of its annual customer satisfaction survey.	21370

Sec. 173.48. (A)(1) The department of aging may charge annual	21371
fees to long-term care facilities for the publication of the Ohio	21372
long-term care consumer guide. The department may contract with	21373
any person or government entity to collect the fees on its behalf.	21374
All fees collected under this section shall be deposited in	21375
accordance with division (B) of this section.	21376

(2) The annual fees charged under this section shall not	21377
exceed the following amounts:	21378

(a) Six hundred fifty dollars for each long-term care	21379
facility that is a nursing home;	21380

(b) Three hundred dollars for each long-term care facility	21381
that is a residential care facility.	21382

(3) Fees paid by a long-term care facility that is a nursing	21383
facility shall be reimbursed through the medicaid program ~~operated~~	21384
~~under Chapter 5111. of the Revised Code~~.	21385

(B) There is hereby created in the state treasury the	21386
long-term care consumer guide fund. Money collected from the fees	21387
charged for the publication of the Ohio long-term care consumer	21388
guide under division (A) of this section shall be credited to the	21389
fund. The department shall use money in the fund for costs	21390
associated with publishing the Ohio long-term care consumer guide,	21391
including, but not limited to, costs incurred in conducting or	21392
providing for the conduct of customer satisfaction surveys.	21393

Sec. 173.50. (A) Pursuant to a contract entered into with the	21394
department of ~~job and family services~~medicaid as an interagency	21395
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	21396
department of aging shall carry out the day-to-day administration	21397
of the component of the medicaid program ~~established under Chapter~~	21398
~~5111. of the Revised Code~~ known as the program of all-inclusive	21399
care for the elderly or PACE. The department of aging shall carry	21400
out its PACE administrative duties in accordance with the	21401
provisions of the interagency agreement and all applicable federal	21402
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	21403
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	21404

(B) ~~The department~~To the extent authorized by rules	21405
authorized by section 5162.021 of the Revised Code, the director	21406
of aging may adopt rules in accordance with Chapter 119. of the	21407
Revised Code regarding the PACE program, including rules	21408
establishing priorities for enrolling in the program pursuant to	21409
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	21410
~~subject to both of the following:~~	21411

~~(1) The rules shall be authorized by rules adopted by the~~	21412
~~department of job and family services.~~	21413

~~(2) The rules~~ shall address only those issues that are not	21414
addressed in rules adopted by the ~~department of job and family~~	21415
~~services~~medicaid director for the PACE program.	21416

Sec. 173.501. (A) As used in this section:

21417

"Nursing facility" has the same meaning as in section ~~5111.20~~	21418
5165.01 of the Revised Code.	21419

"PACE provider" has the same meaning as in the "Social	21420
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	21421

(B) The department of aging shall establish a home first	21422
component of the PACE program under which eligible individuals may	21423
be enrolled in the PACE program in accordance with this section.	21424
An individual is eligible for the PACE program's home first	21425
component if both of the following apply:	21426

(1) The individual has been determined to be eligible for the	21427
PACE program.	21428

(2) At least one of the following applies:

21429

(a) The individual has been admitted to a nursing facility.

21430

(b) A physician has determined and documented in writing that	21431
the individual has a medical condition that, unless the individual	21432
is enrolled in home and community-based services such as the PACE	21433
program, will require the individual to be admitted to a nursing	21434
facility within thirty days of the physician's determination.	21435

(c) The individual has been hospitalized and a physician has	21436
determined and documented in writing that, unless the individual	21437
is enrolled in home and community-based services such as the PACE	21438
program, the individual is to be transported directly from the	21439
hospital to a nursing facility and admitted.	21440

(d) Both of the following apply:

21441

(i) The individual is the subject of a report made under	21442
section 5101.61 of the Revised Code regarding abuse, neglect, or	21443
exploitation or such a report referred to a county department of	21444
job and family services under section 5126.31 of the Revised Code	21445
or has made a request to a county department for protective	21446
services as defined in section 5101.60 of the Revised Code.	21447

(ii) A county department of job and family services and an	21448
area agency on aging have jointly documented in writing that,	21449
unless the individual is enrolled in home and community-based	21450
services such as the PACE program, the individual should be	21451
admitted to a nursing facility.	21452

(C) Each month, the department of aging shall identify	21453
individuals who are eligible for the home first component of the	21454
PACE program. When the department identifies such an individual,	21455
the department shall notify the PACE provider serving the area in	21456
which the individual resides. The PACE provider shall determine	21457
whether the PACE program is appropriate for the individual and	21458
whether the individual would rather participate in the PACE	21459
program than continue or begin to reside in a nursing facility. If	21460
the PACE provider determines that the PACE program is appropriate	21461
for the individual and the individual would rather participate in	21462
the PACE program than continue or begin to reside in a nursing	21463
facility, the PACE provider shall so notify the department of	21464
aging. On receipt of the notice from the PACE provider, the	21465
department of aging shall approve the individual's enrollment in	21466
the PACE program in accordance with priorities established in	21467
rules adopted under section 173.50 of the Revised Code.	21468

Sec. 173.51. As used in sections 173.51 to 173.56 of the	21469
Revised Code:	21470

"Area agency on aging" has the same meaning as in section	21471
173.14 of the Revised Code.	21472

"Assisted living program" means the program that consists of	21473
a medicaid-funded component created under section 173.54 of the	21474
Revised Code and a state-funded component created under section	21475
173.543 of the Revised Code and provides assisted living services	21476
to individuals who meet the program's applicable eligibility	21477
requirements.	21478

"Assisted living services" means the following home and	21479
community-based services: personal care, homemaker, chore,	21480
attendant care, companion, medication oversight, and therapeutic	21481
social and recreational programming.	21482

"Assisted living waiver" means the federal medicaid waiver	21483
granted by the United States secretary of health and human	21484
services that authorizes the medicaid-funded component of the	21485
assisted living program.	21486

"Choices program" means the program created under section	21487
173.53 of the Revised Code.	21488

"County or district home" means a county or district home	21489
operated under Chapter 5155. of the Revised Code.	21490

"Long-term care consultation program" means the program the	21491
department of aging is required to develop under section 173.42 of	21492
the Revised Code.	21493

"Long-term care consultation program administrator" or	21494
"administrator" means the department of aging or, if the	21495
department contracts with an area agency on aging or other entity	21496
to administer the long-term care consultation program for a	21497
particular area, that agency or entity.	21498

"Medicaid waiver component" has the same meaning as in	21499
section 5166.01 of the Revised Code.	21500

"Nursing facility" has the same meaning as in section 5165.01	21501
of the Revised Code.	21502

"PASSPORT administrative agency" has the same meaning as in	21503
section 173.42 of the Revised Code.	21504

"PASSPORT program" means the preadmission screening system	21505
providing options and resources today program (PASSPORT) that	21506
consists of a medicaid-funded component created under section	21507
173.52 of the Revised Code and a state-funded component created	21508
under section 173.522 of the Revised Code and provides home and	21509
community-based services as an alternative to nursing facility	21510
placement for individuals who are aged and disabled and meet the	21511
program's applicable eligibility requirements.	21512

"PASSPORT region" means a group of contiguous counties served	21513
by an individual PASSPORT administrative agency.	21514

"PASSPORT waiver" means the federal medicaid waiver granted	21515
by the United States secretary of health and human services that	21516
authorizes the medicaid-funded component of the PASSPORT program.	21517

"Representative" means a person acting on behalf of an	21518
applicant for the medicaid-funded component or state-funded	21519
component of the assisted living program. A representative may be	21520
a family member, attorney, hospital social worker, or any other	21521
person chosen to act on behalf of an applicant.	21522

"Residential care facility" has the same meaning as in	21523
section 3721.01 of the Revised Code.	21524

"Unified long-term services and support medicaid waiver	21525
component" means the medicaid waiver component authorized by	21526
section 5166.14 of the Revised Code.	21527

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	21528
~~173.402 of the Revised Code:~~	21529

~~"Medicaid waiver component" has the same meaning as in~~	21530
~~section 5111.85 of the Revised Code.~~	21531

~~"PASSPORT program" means the program created under this~~	21532
~~section.~~	21533

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	21534
~~by the United States secretary of health and human services that~~	21535
~~authorizes the medicaid-funded component of the PASSPORT program.~~	21536

~~"Unified long-term services and support medicaid waiver~~	21537
~~component" means the medicaid waiver component authorized by~~	21538
~~section 5111.864 of the Revised Code.~~	21539

~~(B) There is hereby created~~The department of medicaid shall	21540
create the medicaid-funded component of the ~~preadmission screening~~	21541
~~system providing options and resources today program, or~~ PASSPORT	21542
program. ~~The PASSPORT program shall provide home and~~	21543
~~community-based services as an alternative to nursing facility~~	21544
~~placement for individuals who are aged and disabled and meet the~~	21545
~~program's applicable eligibility requirements. Subject to division~~	21546
~~(C) of this section, the program shall have a medicaid-funded~~	21547
~~component and a state-funded component.~~In creating the	21548
medicaid-funded component, the department of medicaid shall	21549
collaborate with the department of aging.	21550

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21551
PASSPORT program is terminated under division (C)~~(2)~~ of this	21552
section, all of the following apply:	21553

~~(a)~~(1) The department of aging shall administer the	21554
medicaid-funded component through a contract entered into with the	21555
department of ~~job and family services~~medicaid under section	21556
~~5111.91~~5162.35 of the Revised Code.	21557

~~(b)~~(2) The medicaid-funded component shall be operated as a	21558
separate medicaid waiver component.	21559

~~(c)~~(3) For an individual to be eligible for the	21560
medicaid-funded component, the individual must be a medicaid	21561
recipient and meet the additional eligibility requirements	21562
applicable to the individual established in rules adopted under	21563
division ~~(C)(1)(d)~~(B)(4) of this section.	21564

~~(d) The director of job and family services shall adopt~~(4)	21565
To the extent authorized by rules ~~under~~authorization by section	21566
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	21567
shall adopt rules in accordance with Chapter 119. of the Revised	21568
Code to implement the medicaid-funded component.	21569

~~(2)~~(C) If the unified long-term services and support medicaid	21570
waiver component is created, the departments of aging and ~~job and~~	21571
~~family services~~medicaid shall work together to determine whether	21572
the medicaid-funded component of the PASSPORT program should	21573
continue to operate as a separate medicaid waiver component or be	21574
terminated. If the departments determine that the medicaid-funded	21575
component of the PASSPORT program should be terminated, the	21576
medicaid-funded component shall cease to exist on a date the	21577
departments shall specify.	21578

~~(D)(1) The department of aging shall administer the~~	21579
~~state-funded component of the PASSPORT program. The state-funded~~	21580
~~component shall not be administered as part of the medicaid~~	21581
~~program.~~	21582

~~(2) For an individual to be eligible for the state-funded~~	21583
~~component, the individual must meet one of the following~~	21584
~~requirements and meet the additional eligibility requirements~~	21585
~~applicable to the individual established in rules adopted under~~	21586
~~division (D)(4) of this section:~~	21587

~~(a) The individual must have been enrolled in the~~	21588
~~state-funded component on September 1, 1991, (as the state-funded~~	21589
~~component was authorized by uncodified law in effect at that time)~~	21590
~~and have had one or more applications for enrollment in the~~	21591
~~medicaid-funded component (or, if the medicaid-funded component is~~	21592
~~terminated under division (C)(2) of this section, the unified~~	21593
~~long-term services and support medicaid waiver component) denied.~~	21594

~~(b) The individual must have had the individual's enrollment~~	21595
~~in the medicaid-funded component (or, if the medicaid-funded~~	21596
~~component is terminated under division (C)(2) of this section, the~~	21597
~~unified long-term services and support medicaid waiver component)~~	21598
~~terminated and the individual must still need the home and~~	21599
~~community-based services provided under the PASSPORT program to~~	21600
~~protect the individual's health and safety.~~	21601

~~(c) The individual must have an application for the~~	21602
~~medicaid-funded component (or, if the medicaid-funded component is~~	21603
~~terminated under division (C)(2) of this section, the unified~~	21604
~~long-term services and support medicaid waiver component) pending~~	21605
~~and the department or the department's designee must have~~	21606
~~determined that the individual meets the nonfinancial eligibility~~	21607
~~requirements of the medicaid-funded component (or, if the~~	21608
~~medicaid-funded component is terminated under division (C)(2) of~~	21609
~~this section, the unified long-term services and support medicaid~~	21610
~~waiver component) and not have reason to doubt that the individual~~	21611
~~meets the financial eligibility requirements of the~~	21612
~~medicaid-funded component (or, if the medicaid-funded component is~~	21613
~~terminated under division (C)(2) of this section, the unified~~	21614
~~long-term services and support medicaid waiver component).~~	21615

~~(3) An individual who is eligible for the state-funded~~	21616
~~component because the individual meets the requirement of division~~	21617
~~(D)(2)(c) of this section may participate in the component on that~~	21618
~~basis for not more than ninety days.~~	21619

~~(4) The director of aging shall adopt rules in accordance~~	21620
~~with section 111.15 of the Revised Code to implement the~~	21621
~~state-funded component. The additional eligibility requirements~~	21622
~~established in the rules may vary for the different groups of~~	21623
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	21624
~~section.~~	21625

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

21626

~~"Area agency on aging" has the same meaning as in section~~	21627
~~173.14 of the Revised Code.~~	21628

~~"Long-term care consultation program" means the program the~~	21629
~~department of aging is required to develop under section 173.42 of~~	21630
~~the Revised Code.~~	21631

~~"Long-term care consultation program administrator" or~~	21632
~~"administrator" means the department of aging or, if the~~	21633
~~department contracts with an area agency on aging or other entity~~	21634
~~to administer the long-term care consultation program for a~~	21635
~~particular area, that agency or entity.~~	21636

~~"Nursing facility" has the same meaning as in section 5111.20~~	21637
~~of the Revised Code.~~	21638

~~(B) Subject~~Unless the medicaid-funded component of the	21639
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	21640
section ~~173.40~~173.52 of the Revised Code, the department shall	21641
establish a home first component of the PASSPORT program under	21642
which eligible individuals may be enrolled in the medicaid-funded	21643
component of the PASSPORT program in accordance with this section.	21644
An individual is eligible for the PASSPORT program's home first	21645
component if both of the following apply:	21646

(1) The individual has been determined to be eligible for the	21647
medicaid-funded component of the PASSPORT program.	21648

(2) At least one of the following applies:

21649

(a) The individual has been admitted to a nursing facility.

21650

(b) A physician has determined and documented in writing that	21651
the individual has a medical condition that, unless the individual	21652
is enrolled in home and community-based services such as the	21653
PASSPORT program, will require the individual to be admitted to a	21654
nursing facility within thirty days of the physician's	21655
determination.	21656

(c) The individual has been hospitalized and a physician has	21657
determined and documented in writing that, unless the individual	21658
is enrolled in home and community-based services such as the	21659
PASSPORT program, the individual is to be transported directly	21660
from the hospital to a nursing facility and admitted.	21661

(d) Both of the following apply:

21662

(i) The individual is the subject of a report made under	21663
section 5101.61 of the Revised Code regarding abuse, neglect, or	21664
exploitation or such a report referred to a county department of	21665
job and family services under section 5126.31 of the Revised Code	21666
or has made a request to a county department for protective	21667
services as defined in section 5101.60 of the Revised Code.	21668

(ii) A county department of job and family services and an	21669
area agency on aging have jointly documented in writing that,	21670
unless the individual is enrolled in home and community-based	21671
services such as the PASSPORT program, the individual should be	21672
admitted to a nursing facility.	21673

~~(C)~~(B) Each month, each area agency on aging shall identify	21674
individuals residing in the area that the agency serves who are	21675
eligible for the home first component of the PASSPORT program.	21676
When an area agency on aging identifies such an individual, the	21677
agency shall notify the long-term care consultation program	21678
administrator serving the area in which the individual resides.	21679
The administrator shall determine whether the PASSPORT program is	21680
appropriate for the individual and whether the individual would	21681
rather participate in the PASSPORT program than continue or begin	21682
to reside in a nursing facility. If the administrator determines	21683
that the PASSPORT program is appropriate for the individual and	21684
the individual would rather participate in the PASSPORT program	21685
than continue or begin to reside in a nursing facility, the	21686
administrator shall so notify the department of aging. On receipt	21687
of the notice from the administrator, the department shall approve	21688
the individual's enrollment in the medicaid-funded component of	21689
the PASSPORT program regardless of the unified waiting list	21690
established under section ~~173.404~~173.55 of the Revised Code,	21691
unless the enrollment would cause the component to exceed any	21692
limit on the number of individuals who may be enrolled in the	21693
component as set by the United States secretary of health and	21694
human services in the PASSPORT waiver.	21695

Sec. 173.522. (A) The department of aging shall create and	21696
administer the state-funded component of the PASSPORT program. The	21697
state-funded component shall not be administered as part of the	21698
medicaid program.	21699

(B) For an individual to be eligible for the state-funded	21700
component of the PASSPORT program, the individual must meet one of	21701
the following requirements and meet the additional eligibility	21702
requirements applicable to the individual established in rules	21703
adopted under division (D) of this section:	21704

(1) The individual must have been enrolled in the	21705
state-funded component on September 1, 1991, (as the state-funded	21706
component was authorized by uncodified law in effect at that time)	21707
and have had one or more applications for enrollment in the	21708
medicaid-funded component of the PASSPORT program (or, if the	21709
medicaid-funded component is terminated under division (C) of	21710
section 173.52 of the Revised Code, the unified long-term services	21711
and support medicaid waiver component) denied.	21712

(2) The individual must have had the individual's enrollment	21713
in the medicaid-funded component of the PASSPORT program (or, if	21714
the medicaid-funded component is terminated under division (C) of	21715
section 173.52 of the Revised Code, the unified long-term services	21716
and support medicaid waiver component) terminated and the	21717
individual must still need the home and community-based services	21718
provided under the PASSPORT program to protect the individual's	21719
health and safety.	21720

(3) The individual must have an application for the	21721
medicaid-funded component of the PASSPORT program (or, if the	21722
medicaid-funded component is terminated under division (C) of	21723
section 173.52 of the Revised Code, the unified long-term services	21724
and support medicaid waiver component) pending and the department	21725
or the department's designee must have determined that the	21726
individual meets the nonfinancial eligibility requirements of the	21727
medicaid-funded component (or, if the medicaid-funded component is	21728
terminated under division (C) of section 173.52 of the Revised	21729
Code, the unified long-term services and support medicaid waiver	21730
component) and not have reason to doubt that the individual meets	21731
the financial eligibility requirements of the medicaid-funded	21732
component (or, if the medicaid-funded component is terminated	21733
under division (C) of section 173.52 of the Revised Code, the	21734
unified long-term services and support medicaid waiver component).	21735

(C) An individual who is eligible for the state-funded	21736
component of the PASSPORT program because the individual meets the	21737
requirement of division (B)(3) of this section may participate in	21738
the component on that basis for not more than ninety days.	21739

(D) The director of aging shall adopt rules in accordance	21740
with section 111.15 of the Revised Code to implement the	21741
state-funded component of the PASSPORT program. The additional	21742
eligibility requirements established in the rules may vary for the	21743
different groups of individuals specified in divisions (B)(1),	21744
(2), and (3) of this section.	21745

Sec. 173.523. (A) An individual who is an applicant for or	21746
participant or former participant in the state-funded component of	21747
the PASSPORT program may appeal an adverse action taken or	21748
proposed to be taken by the department of aging or an entity	21749
designated by the department concerning participation in or	21750
services provided under the component if the action will result in	21751
any of the following:	21752

(1) Denial of enrollment or continued enrollment in the	21753
component;	21754

(2) Denial of or reduction in the amount of services	21755
requested by or offered to the individual under the component;	21756

(3) Assessment of any patient liability payment pursuant to	21757
rules adopted by the department under this section.	21758

The appeal shall be made in accordance with section 173.56 of	21759
the Revised Code and rules adopted pursuant to that section.	21760

(B) An individual who is an applicant for or participant or	21761
former participant in the state-funded component of the PASSPORT	21762
program may not bring an appeal under this or any other section of	21763
the Revised Code if any of the following is the case:	21764

(1) The individual has voluntarily withdrawn the application	21765
for enrollment in the component;	21766

(2) The individual has voluntarily terminated enrollment in	21767
the component;	21768

(3) The individual agrees with the action being taken or	21769
proposed;	21770

(4) The individual fails to submit a written request for a	21771
hearing to the director of aging within the time specified in the	21772
rules adopted pursuant to section 173.56 of the Revised Code;	21773

(5) The individual has received services under the component	21774
for the maximum time permitted by this section.	21775

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	21776
program may request that home-delivered meals provided to the	21777
individual under the PASSPORT program be kosher. If such a request	21778
is made, the department of aging or the department's designee	21779
shall ensure that each home-delivered meal provided to the	21780
individual under the PASSPORT program is kosher. In complying with	21781
this requirement, the department or department's designee shall	21782
require each entity that provides home-delivered meals to the	21783
individual to provide the individual with meals that meet, as much	21784
as possible, the requirements established in rules adopted under	21785
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	21786
governing the home-delivered meal service while complying with	21787
kosher practices for meal preparation and dietary restrictions.	21788

An entity that provides a kosher home-delivered meal to a	21789
PASSPORT program enrollee pursuant to this section shall be	21790
reimbursed for the meal at a rate equal to the rate for	21791
home-delivered meals furnished to PASSPORT program enrollees	21792
requiring a therapeutic diet.	21793

Sec. 173.525. (A) The PASSPORT program shall include a	21794
structured family caregiver component as a pilot program in three	21795
rural PASSPORT regions under which an individual enrolled in the	21796
PASSPORT program may choose a family member to provide the	21797
individual home and community-based services that the individual	21798
receives under the PASSPORT program. A family member must do all	21799
of the following to be eligible to be a family caregiver under the	21800
PASSPORT program:	21801

(1) Complete all the training, obtain all required	21802
credentials, and satisfy all other applicable requirements to be a	21803
PASSPORT provider;	21804

(2) Arrange for an agency that is a PASSPORT provider to do	21805
all of the following:	21806

(a) Assist the family member with the requirements to be a	21807
family caregiver;	21808

(b) Provide or arrange professional staff training to or for	21809
the family member;	21810

(c) If possible, include the family member in electronic	21811
records used for the PASSPORT program;	21812

(d) Provide professional staff support that is appropriate	21813
for the PASSPORT enrollee's care needs to the enrollee for whom	21814
the family member serves as a family caregiver.	21815

(3) Comply with any other applicable requirements specified	21816
in rules adopted under sections 173.52 and 173.522 of the Revised	21817
Code.	21818

(B) An individual may serve as the family caregiver for not	21819
more than two PASSPORT enrollees. A family caregiver may provide	21820
home and community-based services covered by the PASSPORT program	21821
in the home of either the caregiver or the PASSPORT enrollee.	21822

(C) The structured family caregiver component of the PASSPORT	21823
program shall be available as a pilot program in three rural	21824
PASSPORT regions not later than January 1, 2014. The payment rate	21825
for the component shall be adequate to pay the family caregiver a	21826
stipend and reimburse the agency provider for the costs of	21827
providing professional staff support pursuant to division	21828
(A)(2)(d) of this section.	21829

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

21830

~~"Choices program" means the program created under this~~	21831
~~section.~~	21832

~~"Medicaid waiver component" has the same meaning as in~~	21833
~~section 5111.85 of the Revised Code.~~	21834

~~"Unified long-term services and support medicaid waiver~~	21835
~~component" means the medicaid waiver component authorized by~~	21836
~~section 5111.864 of the Revised Code.~~	21837

~~(B) Subject to division (C) of this section, there is hereby~~	21838
~~created~~The department of medicaid shall create the choices	21839
program. In creating the choices program, the department of	21840
medicaid shall collaborate with the department of aging. Subject	21841
to division (B) of this section:	21842

(1) The choices program shall provide home and	21843
community-based services~~. The~~;	21844

(2) The department of aging shall administer the choices	21845
program through a contract entered into with the department of	21846
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	21847
the Revised Code~~. Subject to federal approval, the~~;	21848

(3) The choices program shall be available statewide.

21849

~~(C)~~(B) If the unified long-term services and support medicaid	21850
waiver component is created, the departments of aging and ~~job and~~	21851
~~family services~~medicaid shall ~~work together~~collaborate to	21852
determine whether the choices program should continue to operate	21853
as a separate medicaid waiver component or be terminated. If the	21854
departments determine that the choices program should be	21855
terminated, the program shall cease to exist on a date the	21856
departments shall specify.	21857

(C) If the choices program is terminated pursuant to division	21858
(B) of this section or for another reason, not sooner than six	21859
months before the date on which the program ceases to exist, the	21860
director of aging may do both of the following:	21861

(1) Suspend new enrollments in the choices program;

21862

(2) Transfer participants of the choices program to the	21863
following:	21864

(a) Except as provided in division (C)(2)(b) of this section,	21865
the medicaid-funded component of the PASSPORT program created	21866
under section 173.52 of the Revised Code;	21867

(b) If the medicaid-funded component of the PASSPORT program	21868
is terminated pursuant to division (C) of section 173.52 of the	21869
Revised Code, the unified long-term services and support medicaid	21870
waiver component.	21871

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	21872
~~5111.894 of the Revised Code:~~	21873

~~"Area agency on aging" has the same meaning as in section~~	21874
~~173.14 of the Revised Code.~~	21875

~~"Assisted living program" means the program created under~~	21876
~~this section.~~	21877

~~"Assisted living services" means the following home and~~	21878
~~community-based services: personal care, homemaker, chore,~~	21879
~~attendant care, companion, medication oversight, and therapeutic~~	21880
~~social and recreational programming.~~	21881

~~"Assisted living waiver" means the federal medicaid waiver~~	21882
~~granted by the United States secretary of health and human~~	21883
~~services that authorizes the medicaid-funded component of the~~	21884
~~assisted living program.~~	21885

~~"County or district home" means a county or district home~~	21886
~~operated under Chapter 5155. of the Revised Code.~~	21887

~~"Long-term care consultation program" means the program the~~	21888
~~department of aging is required to develop under section 173.42 of~~	21889
~~the Revised Code.~~	21890

~~"Long-term care consultation program administrator" or~~	21891
~~"administrator" means the department of aging or, if the~~	21892
~~department contracts with an area agency on aging or other entity~~	21893
~~to administer the long-term care consultation program for a~~	21894
~~particular area, that agency or entity.~~	21895

~~"Medicaid waiver component" has the same meaning as in~~	21896
~~section 5111.85 of the Revised Code.~~	21897

~~"Nursing facility" has the same meaning as in section 5111.20~~	21898
~~of the Revised Code.~~	21899

~~"Residential care facility" has the same meaning as in~~	21900
~~section 3721.01 of the Revised Code.~~	21901

~~"Unified long-term services and support medicaid waiver~~	21902
~~component" means the medicaid waiver component authorized by~~	21903
~~section 5111.864 of the Revised Code.~~	21904

~~(B) There is hereby created~~The department of medicaid shall	21905
create the medicaid-funded component of the assisted living	21906
program. ~~The program shall provide assisted living services to~~	21907
~~individuals who meet the program's applicable eligibility~~	21908
~~requirements. Subject to division (C) of this section, the program~~	21909
~~shall have a medicaid-funded component and a state-funded~~	21910
~~component~~In creating the medicaid-funded component, the	21911
department of medicaid shall collaborate with the department of	21912
aging.	21913

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21914
assisted living program is terminated under division (C)~~(2)~~ of	21915
this section, all of the following apply:	21916

~~(a)~~(1) The department of aging shall administer the	21917
medicaid-funded component through a contract entered into with the	21918
department of ~~job and family services~~medicaid under section	21919
~~5111.91~~5162.35 of the Revised Code.	21920

~~(b)~~(2) The contract shall include an estimate of the	21921
medicaid-funded component's costs.	21922

~~(c)~~(3) The medicaid-funded component shall be operated as a	21923
separate medicaid waiver component.	21924

~~(d)~~(4) The medicaid-funded component may not serve more	21925
individuals than is set by the United States secretary of health	21926
and human services in the assisted living waiver.	21927

~~(e) The director of job and family services may adopt rules~~	21928
~~under section 5111.85 of the Revised Code regarding the~~	21929
~~medicaid-funded component.~~	21930

~~(f) The~~(5) To the extent authorized by rules authorized by	21931
section 5162.021 of the Revised Code, the director of aging may	21932
adopt rules under Chapter 119. of the Revised Code regarding the	21933
medicaid-funded component ~~that the rules adopted by the director~~	21934
~~of job and family services under division (C)(1)(e) of this~~	21935
~~section authorize the director of aging to adopt~~.	21936

~~(2)~~(C) If the unified long-term services and support medicaid	21937
waiver component is created, the departments of aging and ~~job and~~	21938
~~family services~~medicaid shall ~~work together~~collaborate to	21939
determine whether the medicaid-funded component of the assisted	21940
living program should continue to operate as a separate medicaid	21941
waiver component or be terminated. If the departments determine	21942
that the medicaid-funded component of the assisted living program	21943
should be terminated, the medicaid-funded component shall cease to	21944
exist on a date the departments shall specify.	21945

~~(D) The department of aging shall administer the state-funded~~	21946
~~component of the assisted living program. The state-funded~~	21947
~~component shall not be administered as part of the medicaid~~	21948
~~program.~~	21949

~~An individual who is eligible for the state-funded component~~	21950
~~may participate in the component for not more than ninety days.~~	21951

~~The director of aging shall adopt rules in accordance with~~	21952
~~section 111.15 of the Revised Code to implement the state-funded~~	21953
~~component.~~	21954

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	21955
medicaid-funded component of the assisted living program, an	21956
individual must meet all of the following requirements:	21957

(A) Need an intermediate level of care as determined ~~under~~	21958
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	21959
of the ~~Administrative~~Revised Code;	21960

(B) While receiving assisted living services under the	21961
medicaid-funded component, reside in a residential care facility	21962
that is authorized by a valid medicaid provider agreement to	21963
participate in the component, including both of the following:	21964

(1) A residential care facility that is owned or operated by	21965
a metropolitan housing authority that has a contract with the	21966
United States department of housing and urban development to	21967
receive an operating subsidy or rental assistance for the	21968
residents of the facility;	21969

(2) A county or district home licensed as a residential care	21970
facility.	21971

(C) Meet all other eligibility requirements for the	21972
medicaid-funded component established in rules adopted ~~pursuant to~~	21973
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	21974

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	21975
medicaid-funded component of the assisted living program is	21976
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	21977
of the Revised Code, the department of aging shall establish a	21978
home first component of the assisted living program under which	21979
eligible individuals may be enrolled in the medicaid-funded	21980
component of the assisted living program in accordance with this	21981
section. An individual is eligible for the assisted living	21982
program's home first component if both of the following apply:	21983

(1) The individual has been determined to be eligible for the	21984
medicaid-funded component of the assisted living program.	21985

(2) At least one of the following applies:

21986

(a) The individual has been admitted to a nursing facility.

21987

(b) A physician has determined and documented in writing that	21988
the individual has a medical condition that, unless the individual	21989
is enrolled in home and community-based services such as the	21990
assisted living program, will require the individual to be	21991
admitted to a nursing facility within thirty days of the	21992
physician's determination.	21993

(c) The individual has been hospitalized and a physician has	21994
determined and documented in writing that, unless the individual	21995
is enrolled in home and community-based services such as the	21996
assisted living program, the individual is to be transported	21997
directly from the hospital to a nursing facility and admitted.	21998

(d) Both of the following apply:

21999

(i) The individual is the subject of a report made under	22000
section 5101.61 of the Revised Code regarding abuse, neglect, or	22001
exploitation or such a report referred to a county department of	22002
job and family services under section 5126.31 of the Revised Code	22003
or has made a request to a county department for protective	22004
services as defined in section 5101.60 of the Revised Code.	22005

(ii) A county department of job and family services and an	22006
area agency on aging have jointly documented in writing that,	22007
unless the individual is enrolled in home and community-based	22008
services such as the assisted living program, the individual	22009
should be admitted to a nursing facility.	22010

(B) Each month, each area agency on aging shall identify	22011
individuals residing in the area that the area agency on aging	22012
serves who are eligible for the home first component of the	22013
assisted living program. When an area agency on aging identifies	22014
such an individual and determines that there is a vacancy in a	22015
residential care facility participating in the medicaid-funded	22016
component of the assisted living program that is acceptable to the	22017
individual, the agency shall notify the long-term care	22018
consultation program administrator serving the area in which the	22019
individual resides. The administrator shall determine whether the	22020
assisted living program is appropriate for the individual and	22021
whether the individual would rather participate in the assisted	22022
living program than continue or begin to reside in a nursing	22023
facility. If the administrator determines that the assisted living	22024
program is appropriate for the individual and the individual would	22025
rather participate in the assisted living program than continue or	22026
begin to reside in a nursing facility, the administrator shall so	22027
notify the department of aging. On receipt of the notice from the	22028
administrator, the department shall approve the individual's	22029
enrollment in the medicaid-funded component of the assisted living	22030
program regardless of the unified waiting list established under	22031
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	22032
would cause the component to exceed any limit on the number of	22033
individuals who may participate in the component as set by the	22034
United States secretary of health and human services in the	22035
assisted living waiver.	22036

Sec. 173.543. The department of aging shall create and	22037
administer the state-funded component of the assisted living	22038
program. The state-funded component shall not be administered as	22039
part of the medicaid program.	22040

An individual who is eligible for the state-funded component	22041
may participate in the component for not more than ninety days.	22042

The director of aging shall adopt rules in accordance with	22043
section 111.15 of the Revised Code to implement the state-funded	22044
component.	22045

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	22046
component of the assisted living program, an individual must meet	22047
all of the following requirements:	22048

(A) The individual must need an intermediate level of care as	22049
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	22050
section 173.546 of the ~~Administrative~~Revised Code;.	22051

(B) The individual must have an application for the	22052
medicaid-funded component of the assisted living program (or, if	22053
the medicaid-funded component is terminated under division (C)~~(2)~~	22054
of section ~~5111.89~~173.54 of the Revised Code, the unified	22055
long-term services and support medicaid waiver component) pending	22056
and the department or the department's designee must have	22057
determined that the individual meets the nonfinancial eligibility	22058
requirements of the medicaid-funded component (or, if the	22059
medicaid-funded component is terminated under division (C)~~(2)~~ of	22060
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	22061
services and support medicaid waiver component) and not have	22062
reason to doubt that the individual meets the financial	22063
eligibility requirements of the medicaid-funded component (or, if	22064
the medicaid-funded component is terminated under division (C)~~(2)~~	22065
of section ~~5111.89~~173.54 of the Revised Code, the unified	22066
long-term services and support medicaid waiver component).	22067

(C) While receiving assisted living services under the	22068
state-funded component, the individual must reside in a	22069
residential care facility that is authorized by a valid provider	22070
agreement to participate in the component, including both of the	22071
following:	22072

(1) A residential care facility that is owned or operated by	22073
a metropolitan housing authority that has a contract with the	22074
United States department of housing and urban development to	22075
receive an operating subsidy or rental assistance for the	22076
residents of the facility;	22077

(2) A county or district home licensed as a residential care	22078
facility.	22079

(D) The individual must meet all other eligibility	22080
requirements for the state-funded component established in rules	22081
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	22082
Revised Code.	22083

Sec. 173.545. (A) An individual who is an applicant for or	22084
participant or former participant in the state-funded component of	22085
the assisted living program may appeal an adverse action taken or	22086
proposed to be taken by the department of aging or an entity	22087
designated by the department concerning participation in or	22088
services provided under the component if the action will result in	22089
any of the following:	22090

(1) Denial of enrollment or continued enrollment in the	22091
component;	22092

(2) Denial of or reduction in the amount of services	22093
requested by or offered to the individual under the component;	22094

(3) Assessment of any patient liability payment pursuant to	22095
rules adopted by the department under this section.	22096

The appeal shall be made in accordance with section 173.56 of	22097
the Revised Code and rules adopted pursuant to that section.	22098

(B) An individual who is an applicant for or participant or	22099
former participant in the state-funded component of the assisted	22100
living program may not bring an appeal under this or any other	22101
section of the Revised Code if any of the following is the case:	22102

(1) The individual has voluntarily withdrawn the application	22103
for enrollment in the component;	22104

(2) The individual has voluntarily terminated enrollment in	22105
the component;	22106

(3) The individual agrees with the action being taken or	22107
proposed;	22108

(4) The individual fails to submit a written request for a	22109
hearing to the director of aging within the time specified in the	22110
rules adopted pursuant to section 173.56 of the Revised Code;	22111

(5) The individual has received services under the component	22112
for the maximum time permitted by this section.	22113

Sec. 173.546. (A) Each applicant for the assisted living	22114
program shall undergo an assessment to determine whether the	22115
applicant needs an intermediate level of care. The department of	22116
medicaid or an agency under contract pursuant to division (C) of	22117
this section shall conduct the assessment. The assessment may be	22118
performed concurrently with a long-term care consultation provided	22119
under section 173.42 of the Revised Code.	22120

(B) An applicant or applicant's representative has the right	22121
to appeal an assessment's findings. Section 5160.31 of the Revised	22122
Code applies to appeals regarding the medicaid-funded component of	22123
the assisted living program. The department or an agency under	22124
contract to conduct the assessment shall provide written notice of	22125
this right to the applicant or applicant's representative and the	22126
residential care facility in which the applicant intends to reside	22127
if enrolled in the assisted living program. The notice shall	22128
include an explanation of the appeal procedures. The department or	22129
agency under contract to conduct the assessment shall represent	22130
the state in any appeal of an assessment's findings.	22131

(C) The department may contract with one or more agencies to	22132
perform assessments under this section. A contract shall specify	22133
the agency's responsibilities regarding the assessments.	22134

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	22135
services covered by the assisted living program to an individual	22136
enrolled in the program shall have staff on-site twenty-four hours	22137
each day who are able to do all of the following:	22138

(A) Meet the scheduled and unpredicted needs of the	22139
individuals enrolled in the assisted living program in a manner	22140
that promotes the individuals' dignity and independence;	22141

(B) Provide supervision services for those individuals;

22142

22143

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

22144

(1) "Department of aging-administered medicaid waiver	22145
component" means each of the following:	22146

(a) The medicaid-funded component of the PASSPORT program	22147
~~created under section 173.40 of the Revised Code~~;	22148

(b) The choices program ~~created under section 173.403 of the~~	22149
~~Revised Code~~;	22150

(c) The medicaid-funded component of the assisted living	22151
program ~~created under section 5111.89 of the Revised Code~~.	22152

(2) "PACE program" means the component of the medicaid	22153
program the department of aging administers pursuant to section	22154
173.50 of the Revised Code.	22155

(B) If the department of aging determines that there are	22156
insufficient funds to enroll all individuals who have applied and	22157
been determined eligible for department of aging-administered	22158
medicaid waiver components and the PACE program, the department	22159
shall establish a unified waiting list for the components and	22160
program. Only individuals eligible for a department of	22161
aging-administered medicaid waiver component or the PACE program	22162
may be placed on the unified waiting list. An individual who may	22163
be enrolled in a department of aging-administered medicaid waiver	22164
component or the PACE program through a home first component	22165
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	22166
173.542 of the Revised Code may be so enrolled without being	22167
placed on the unified waiting list.	22168

Sec. 173.56. (A) The department of aging shall adopt rules	22169
in accordance with section 111.15 of the Revised Code governing	22170
appeals brought under section 173.523 or 173.545 of the Revised	22171
Code. The rules shall require notice and the opportunity for a	22172
hearing. The rules may allow an appeal hearing to be conducted by	22173
telephone and permit the department to record hearings conducted	22174
by telephone. Chapter 119. of the Revised Code applies to a	22175
hearing under section 173.523 or 173.545 of the Revised Code only	22176
to the extent provided in rules the department adopts under this	22177
section.	22178

(B) An appeal shall be commenced by submission of a written	22179
request for a hearing to the director of aging within the time	22180
specified in the rules adopted under this section. The hearing may	22181
be recorded, but neither the recording nor a transcript of the	22182
recording is part of the official record of the proceeding. The	22183
director shall notify the individual bringing the appeal of the	22184
director's decision and of the procedure for appealing the	22185
decision.	22186

(C) The director's decision may be appealed to a court of	22187
common pleas pursuant to section 119.12 of the Revised Code. The	22188
appeal shall be governed by that section except as follows:	22189

(1) The appeal shall be in the court of common pleas of the	22190
county in which the individual who brings the appeal resides or,	22191
if the individual does not reside in this state, to the Franklin	22192
county court of common pleas.	22193

(2) The notice of appeal must be mailed to the department and	22194
filed with the court not later than thirty days after the	22195
department mails notice of the director's decision. For good cause	22196
shown, the court may extend the time for mailing and filing the	22197
notice of appeal, but the time cannot exceed six months from the	22198
date the department mails the notice of the director's decision.	22199

(3) If an individual applies to the court for designation as	22200
an indigent and the court grants the application, the individual	22201
shall not be required to furnish the costs of the appeal.	22202

(4) The department is required to file a transcript of the	22203
testimony of the state hearing with the court only if the court	22204
orders that the transcript be filed. The court shall make such an	22205
order only if it finds that the department and the individual	22206
bringing the appeal are unable to stipulate to the facts of the	22207
case and that the transcript is essential to a determination of	22208
the appeal. The department shall file the transcript not later	22209
than thirty days after such an order is issued.	22210

Sec. 173.99. (A) A long-term care provider, person employed	22211
by a long-term care provider, other entity, or employee of such	22212
other entity that violates division (C) of section 173.24 of the	22213
Revised Code is subject to a fine not to exceed one thousand	22214
dollars for each violation.	22215

(B) Whoever violates division (C) of section 173.23 of the	22216
Revised Code is guilty of registering a false complaint, a	22217
misdemeanor of the first degree.	22218

(C) A long-term care provider, other entity, or person	22219
employed by a long-term care provider or other entity that	22220
violates division (E) of section 173.19 of the Revised Code by	22221
denying a representative of the office of the state long-term care	22222
~~ombudsperson~~ombudsman program the access required by that	22223
division is subject to a fine not to exceed five hundred dollars	22224
for each violation.	22225

(D) Whoever violates division (C) of section 173.44 of the	22226
Revised Code is subject to a fine of one hundred dollars.	22227

Sec. 175.04. (A) The governor shall appoint a chairperson	22228
from among the members. The agency members shall elect a member as	22229
vice-chairperson. The agency members may appoint other officers,	22230
who need not be members of the agency, as the agency deems	22231
necessary.	22232

(B) Six members of the agency constitute a quorum and the	22233
affirmative vote of six members is necessary for any action the	22234
agency takes. No vacancy in agency membership impairs the right of	22235
a quorum to exercise all of the agency's rights and perform all	22236
the agency's duties. Agency meetings may be held at any place	22237
within the state. Meetings shall comply with section 121.22 of the	22238
Revised Code.	22239

(C) The agency shall maintain accounting records in	22240
accordance with generally accepted accounting principals and other	22241
required accounting standards.	22242

(D) The agency shall develop policies and guidelines for the	22243
administration of its programs and annually shall conduct at least	22244
one public hearing to obtain input from any interested party	22245
regarding the administration of its programs. The hearing shall be	22246
held at a time and place as the agency determines and when a	22247
quorum of the agency is present.	22248

(E) The agency shall appoint committees and subcommittees	22249
comprised of members of the agency to handle matters it deems	22250
appropriate.	22251

(1) The agency shall adopt an annual plan to address this	22252
state's housing needs. The agency shall appoint an annual plan	22253
committee to develop the plan and present it to the agency for	22254
consideration.	22255

(2) The annual plan committee shall select an advisory board	22256
from a list of interested individuals the executive director	22257
provides or on its own recommendation. The advisory board shall	22258
provide input on the plan at committee meetings prior to the	22259
annual public hearing. At the public hearing, the committee shall	22260
discuss advisory board comments. The advisory board may include,	22261
but is not limited to, persons who represent state agencies, local	22262
governments, public corporations, nonprofit organizations,	22263
community development corporations, housing advocacy organizations	22264
for low- and moderate-income persons, realtors, syndicators,	22265
investors, lending institutions as recommended by a statewide	22266
banking organization, and other entities participating in the	22267
agency's programs.	22268

Each agency program that allows for loans to be made to	22269
finance housing for owner occupancy that benefits other than low-	22270
and moderate-income households, or for loans to be made to	22271
individuals under bonds issued pursuant to division (B) of section	22272
175.08 of the Revised Code, shall be presented to the advisory	22273
board and included in the annual plan as approved by the agency	22274
before the program's implementation.	22275

(F) The agency shall prepare an annual financial report	22276
describing its activities during the reporting year and submit	22277
that report in accordance with division (H) of this section and to	22278
the governor, the speaker of the house of representatives, and the	22279
president of the senate within three months after the end of the	22280
reporting year. The report shall include the agency's audited	22281
financial statements, prepared in accordance with generally	22282
accepted accounting principles and appropriate accounting	22283
standards.	22284

(G) The agency shall prepare an annual report of its programs	22285
describing how the programs have met this state's housing needs.	22286
The agency shall submit the report in accordance with division (H)	22287
of this section and to the governor, the speaker of the house of	22288
representatives, and the president of the senate within three	22289
months after the end of the reporting year.	22290

(H)(1) The agency shall submit, within a time frame agreed to	22291
by the agency and the chairs, the annual financial report	22292
described in division (F) of this section and the annual report of	22293
programs described in division (G) of this section to the chairs	22294
of the committees dealing with housing issues in the house of	22295
representatives and the senate.	22296

(2) Within forty-five days of issuance of the annual	22297
financial report, the agency shall cause the agency's executive	22298
director to appear in person before the committees described in	22299
division (H)(1) of this section to testify in regard to the	22300
financial report and the report of programs. The testimony shall	22301
include each of the following:	22302

(a) An overview of the annual plan adopted pursuant to	22303
division (E)(1) of this section;	22304

(b) An evaluation of whether the objectives in the annual	22305
plan were met through a comparison of the annual plan with the	22306
annual financial report and report of programs;	22307

(c) A complete listing of all business and contractual	22308
relationships between the agency and other entities and	22309
organizations that participated in agency programs during the	22310
fiscal year reported by the agency's annual financial report and	22311
report of programs.	22312

Sec. 187.10. (A) No person, with purpose to corrupt a	22313
director, officer, or employee of JobsOhio, shall promise, offer,	22314
or give any valuable thing or valuable benefit.	22315

(B) No person who is a director, officer, or employee of	22316
JobsOhio, either before or after being appointed, qualified, or	22317
employed in that capacity, shall knowingly solicit or accept for	22318
self or another person any valuable thing or valuable benefit to	22319
corrupt or improperly influence the person or another director,	22320
officer, or employee of JobsOhio with respect to the discharge of	22321
the person's or the other director's, officer's, or employee's	22322
duty.	22323

(C) Whoever violates division (A) or (B) of this section is	22324
guilty of the offense of bribery, as set forth in section 2921.02	22325
of the Revised Code.	22326

Sec. 191.01. As used in this chapter:

22327

(A) "Administrative safeguards," "availability,"	22328
"confidentiality," "integrity," "physical safeguards," and	22329
"technical safeguards" have the same meanings as in 45 C.F.R.	22330
164.304.	22331

(B) "Business associate," "covered entity," "health plan,"	22332
"individually identifiable health information," and "protected	22333
health information" have the same meanings as in 45 C.F.R.	22334
160.103.	22335

(C) "Executive director of the office of health	22336
transformation" or "executive director" means the executive	22337
director of the office of health transformation or the chief	22338
administrative officer of a successor governmental entity	22339
responsible for health system oversight in this state.	22340

(D) "Government program providing public benefits" means any	22341
program administered by a state agency that has been identified,	22342
pursuant to section 191.02 of the Revised Code, by the executive	22343
director of the office of health transformation in consultation	22344
with the individuals specified in that section.	22345

(E) "Office of health transformation" means the office of	22346
health transformation created by executive order 2011-02K.	22347

(F) "Operating protocol" means a protocol adopted by the	22348
executive director of the office of health transformation or the	22349
executive director's designee under division (D) of section 191.06	22350
of the Revised Code.	22351

(G) "Participating agency" means a state agency that	22352
participates in a health transformation initiative as specified in	22353
the one or more operating protocols adopted for the initiative	22354
under division (D) of section 191.06 of the Revised Code.	22355

(H) "Personally identifiable information" means information	22356
that meets both of the following criteria:	22357

(1) It identifies an individual or there is a reasonable	22358
basis to believe that it may be used to identify an individual;	22359

(2) It relates to an individual's eligibility for,	22360
application for, or receipt of public benefits from a government	22361
program providing public benefits.	22362

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

22363

(1) The department of administrative services;

22364

(2) The department of aging;

22365

~~(2) The department of alcohol and drug addiction services;~~

22366

(3) The ~~department of~~ development services agency;

22367

(4) The department of developmental disabilities;

22368

(5) The department of education;

22369

(6) The department of health;

22370

(7) The department of insurance;

22371

(8) The department of job and family services;

22372

(9) The department of medicaid;

22373

(10) The department of ~~mental health~~mental health and	22374
addiction services;	22375

~~(10)~~(11) The department of rehabilitation and correction;

22376

~~(11)~~(12) The department of taxation;

22377

~~(12)~~(13) The department of veterans services;

22378

~~(13)~~(14) The department of youth services.

22379

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

22380

Sec. 191.02. The executive director of the office of health	22381
transformation, in consultation with all of the following	22382
individuals, shall identify each government program administered	22383
by a state agency that is to be considered a government program	22384
providing public benefits for purposes of section 191.04 of the	22385
Revised Code:	22386

(A) The director of administrative services;

22387

(B) The director of aging;

22388

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

22389

22390

(D) The director of developmental disabilities;

22391

(E) The director of health;

22392

(F) The director of job and family services;

22393

(G) The director of medicaid;

22394

(H) The director of ~~mental health~~mental health and addiction	22395
services;	22396

~~(H)~~(I) The director of rehabilitation and correction;

22397

~~(I)~~(J) The director of veterans services;

22398

~~(J)~~(K) The director of youth services;

22399

~~(K)~~(L) The ~~administrator~~executive director of the	22400
~~rehabilitation services commission~~opportunities for Ohioans with	22401
disabilities agency;	22402

~~(L)~~(M) The administrator of workers' compensation;

22403

~~(M)~~(N) The superintendent of insurance;

22404

~~(N)~~(O) The superintendent of public instruction;

22405

~~(O)~~(P) The tax commissioner.

22406

Sec. 191.04. (A) In accordance with federal laws governing	22407
the confidentiality of individually identifiable health	22408
information, including the "Health Insurance Portability and	22409
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	22410
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	22411
by the United States department of health and human services to	22412
implement the act, a state agency may exchange protected health	22413
information with another state agency relating to eligibility for	22414
or enrollment in a health plan or relating to participation in a	22415
government program providing public benefits if the exchange of	22416
information is necessary for either or both of the following:	22417

(1) Operating a health plan;

22418

(2) Coordinating, or improving the administration or	22419
management of, the health care-related functions of at least one	22420
government program providing public benefits.	22421

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	22422
agency also may exchange personally identifiable information with	22423
another state agency for purposes related to and in support of a	22424
health transformation initiative identified by the executive	22425
director of the office of health transformation pursuant to	22426
division (C) of section 191.06 of the Revised Code.	22427

(C) With respect to a state agency that uses or discloses	22428
personally identifiable information, all of the following	22429
conditions apply:	22430

(1) The state agency shall use or disclose the information	22431
only as permitted or required by state and federal law. In	22432
addition, if the information is obtained during fiscal year 2013,	22433
2014, or 2015 from an exchange of personally identifiable	22434
information permitted under division (B) of this section, the	22435
agency shall also use or disclose the information in accordance	22436
with all operating protocols that apply to the use or disclosure.	22437

(2) If the state agency is a state agency other than the	22438
department of ~~job and family services~~medicaid and it uses or	22439
discloses protected health information that is related to a	22440
medicaid recipient and obtained from the department of ~~job and~~	22441
~~family services~~medicaid or another agency operating a component	22442
of the medicaid program, the state agency shall comply with all	22443
state and federal laws that apply to the department of ~~job and~~	22444
~~family services~~medicaid when that department, as the state's	22445
single state agency to supervise the medicaid program ~~as specified~~	22446
~~in section 5111.01 of the Revised Code~~, uses or discloses	22447
protected health information.	22448

(3) A state agency shall implement administrative, physical,	22449
and technical safeguards for the purpose of protecting the	22450
confidentiality, integrity, and availability of personally	22451
identifiable information the creation, receipt, maintenance, or	22452
transmittal of which is affected or governed by this section.	22453

(4) If a state agency discovers an unauthorized use or	22454
disclosure of unsecured protected health information or unsecured	22455
individually identifiable health information, the state agency	22456
shall, not later than seventy-two hours after the discovery, do	22457
all of the following:	22458

(a) Identify the individuals who are the subject of the	22459
protected health information or individually identifiable health	22460
information;	22461

(b) Report the discovery and the names of all individuals	22462
identified pursuant to division (C)(4)(a) of this section to all	22463
other state agencies and the executive director of the office of	22464
health transformation or the executive director's designee;	22465

(c) Mitigate, to the extent reasonably possible, any	22466
potential adverse effects of the unauthorized use or disclosure.	22467

(5) A state agency shall make available to the executive	22468
director of the office of health transformation or the executive	22469
director's designee, and to any other state or federal	22470
governmental entity required by law to have access on that	22471
entity's request, all internal practices, records, and	22472
documentation relating to personally identifiable information it	22473
receives, uses, or discloses that is affected or governed by this	22474
section.	22475

(6) On termination or expiration of an operating protocol and	22476
if feasible, a state agency shall return or destroy all personally	22477
identifiable information received directly from or received on	22478
behalf of another state agency. If the personally identifiable	22479
information is not returned or destroyed, the state agency	22480
maintaining the information shall extend the protections set forth	22481
in this section for as long as it is maintained.	22482

(7) If a state agency enters into a subcontract or, when	22483
required by 45 C.F.R. 164.502(e)(2), a business associate	22484
agreement, the subcontract or business associate agreement shall	22485
require the subcontractor or business associate to comply with the	22486
terms of this section as if the subcontractor or business	22487
associate were a state agency.	22488

Sec. 191.06. (A) The provisions of this section shall apply	22489
only for fiscal ~~year~~years 2013, 2014, and 2015.	22490

(B) The executive director of the office of health	22491
transformation or the executive director's designee may facilitate	22492
the coordination of operations and exchange of information between	22493
state agencies. The purpose of the executive director's authority	22494
under this section is to support agency collaboration for health	22495
transformation purposes, including modernization of the medicaid	22496
program, streamlining of health and human services programs in	22497
this state, and improving the quality, continuity, and efficiency	22498
of health care and health care support systems in this state.	22499

(C) In furtherance of the authority of the executive director	22500
of the office of health transformation under division (B) of this	22501
section, the executive director or the executive director's	22502
designee shall identify each health transformation initiative in	22503
this state that involves the participation of two or more state	22504
agencies and that permits or requires an interagency agreement to	22505
be entered into for purposes of specifying each participating	22506
agency's role in coordinating, operating, or funding the	22507
initiative, or facilitating the exchange of data or other	22508
information for the initiative. The executive director shall	22509
publish a list of the identified health transformation initiatives	22510
on the internet web site maintained by the office of health	22511
transformation.	22512

(D) For each health transformation initiative that is	22513
identified under division (C) of this section, the executive	22514
director or the executive director's designee shall, in	22515
consultation with each participating agency, adopt one or more	22516
operating protocols. Notwithstanding any law enacted by the	22517
general assembly or rule adopted by a state agency, the provisions	22518
in a protocol shall supersede any provisions in an interagency	22519
agreement, including an interagency agreement entered into under	22520
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	22521
differ from the provisions of the protocol.	22522

(E)(1) An operating protocol adopted under division (D) of	22523
this section shall include both of the following:	22524

(a) All terms necessary to meet the requirements of "other	22525
arrangements" between a covered entity and a business associate	22526
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	22527

(b) If known, the date on which the protocol will terminate	22528
or expire.	22529

(2) In addition, a protocol may specify the extent to which	22530
each participating agency is responsible and accountable for	22531
completing the tasks necessary for successful completion of the	22532
initiative, including tasks relating to the following components	22533
of the initiative:	22534

(a) Workflow;

22535

(b) Funding;

22536

(c) Exchange of data or other information that is	22537
confidential pursuant to state or federal law.	22538

(F) An operating protocol adopted under division (D) of this	22539
section shall have the same force and effect as an interagency	22540
agreement or data sharing agreement, and each participating agency	22541
shall comply with it.	22542

~~(G) The director of job and family services shall determine~~	22543
~~whether a waiver of federal medicaid requirements or a medicaid~~	22544
~~state plan amendment is necessary to fulfill the requirements of~~	22545
~~this section. If the director determines a waiver or medicaid~~	22546
~~state plan amendment is necessary, the director shall apply to the~~	22547
~~United States secretary of health and human services for the~~	22548
~~waiver or amendment.~~	22549

Sec. 301.28. (A) As used in this section:

22550

(1) "Financial transaction device" includes a credit card,	22551
debit card, charge card, or prepaid or stored value card, or	22552
automated clearinghouse network credit, debit, or e-check entry	22553
that includes, but is not limited to, accounts receivable and	22554
internet-initiated, point of purchase, and telephone-initiated	22555
applications or any other device or method for making an	22556
electronic payment or transfer of funds.	22557

(2) "County expenses" includes fees, costs, taxes,	22558
assessments, fines, penalties, payments, or any other expense a	22559
person owes or otherwise pays to a county office under the	22560
authority of a county official, other than dog registration and	22561
kennel fees required to be paid under Chapter 955. of the Revised	22562
Code. "County expenses" includes payment to a county office of	22563
money confiscated during the commitment of an individual to a	22564
county jail, of bail, of money for a prisoner's inmate account,	22565
and of money for goods and services obtained by or for the use of	22566
an individual incarcerated by a county sheriff.	22567

(3) "County official" includes the county auditor, county	22568
treasurer, county engineer, county recorder, county prosecuting	22569
attorney, county sheriff, county coroner, county park district and	22570
board of county commissioners, the clerk of the probate court, the	22571
clerk of the juvenile court, the clerks of court for all divisions	22572
of the courts of common pleas, and the clerk of the court of	22573
common pleas, the clerk of a county-operated municipal court, and	22574
the clerk of a county court.	22575

The term "county expenses" includes county expenses owed to	22576
the board of health of the general health district or a combined	22577
health district in the county. If the board of county	22578
commissioners authorizes county expenses to be paid by financial	22579
transaction devices under this section, then the board of health	22580
and the general health district and the combined health district	22581
may accept payments by financial transaction devices under this	22582
section as if the board were a "county official" and the district	22583
were a county office. However, in the case of a general health	22584
district formed by unification of general health districts under	22585
section 3709.10 of the Revised Code, this entitlement applies only	22586
if all the boards of county commissioners of all counties in the	22587
district have authorized payments to be accepted by financial	22588
transaction devices.	22589

(B) Notwithstanding any other section of the Revised Code and	22590
except as provided in division (D) of this section, a board of	22591
county commissioners may adopt a resolution authorizing the	22592
acceptance of payments by financial transaction devices for county	22593
expenses. The resolution shall include the following:	22594

(1) A specification of those county officials who, and of the	22595
county offices under those county officials that, are authorized	22596
to accept payments by financial transaction devices;	22597

(2) A list of county expenses that may be paid for through	22598
the use of a financial transaction device;	22599

(3) Specific identification of financial transaction devices	22600
that the board authorizes as acceptable means of payment for	22601
county expenses. Uniform acceptance of financial transaction	22602
devices among different types of county expenses is not required.	22603

(4) The amount, if any, authorized as a surcharge or	22604
convenience fee under division (E) of this section for persons	22605
using a financial transaction device. Uniform application of	22606
surcharges or convenience fees among different types of county	22607
expenses is not required.	22608

(5) A specific provision as provided in division (G) of this	22609
section requiring the payment of a penalty if a payment made by	22610
means of a financial transaction device is returned or dishonored	22611
for any reason.	22612

The board's resolution shall also designate the county	22613
treasurer as an administrative agent to solicit proposals, within	22614
guidelines established by the board in the resolution and in	22615
compliance with the procedures provided in division (C) of this	22616
section, from financial institutions, issuers of financial	22617
transaction devices, and processors of financial transaction	22618
devices, to make recommendations about those proposals to the	22619
board, and to assist county offices in implementing the county's	22620
financial transaction devices program. The county treasurer may	22621
decline this responsibility within thirty days after receiving a	22622
copy of the board's resolution by notifying the board in writing	22623
within that period. If the treasurer so notifies the board, the	22624
board shall perform the duties of the administrative agent.	22625

If the county treasurer is the administrative agent and fails	22626
to administer the county financial transaction devices program in	22627
accordance with the guidelines in the board's resolution, the	22628
board shall notify the treasurer in writing of the board's	22629
findings, explain the failures, and give the treasurer six months	22630
to correct the failures. If the treasurer fails to make the	22631
appropriate corrections within that six-month period, the board	22632
may pass a resolution declaring the board to be the administrative	22633
agent. The board may later rescind that resolution at its	22634
discretion.	22635

(C) The county shall follow the procedures provided in this	22636
division whenever it plans to contract with financial	22637
institutions, issuers of financial transaction devices, or	22638
processors of financial transaction devices for the purposes of	22639
this section. The administrative agent shall request proposals	22640
from at least three financial institutions, issuers of financial	22641
transaction devices, or processors of financial transaction	22642
devices, as appropriate in accordance with the resolution adopted	22643
under division (B) of this section. Prior to sending any financial	22644
institution, issuer, or processor a copy of any such request, the	22645
county shall advertise its intent to request proposals in a	22646
newspaper of general circulation in the county once a week for two	22647
consecutive weeks or as provided in section 7.16 of the Revised	22648
Code. The notice shall state that the county intends to request	22649
proposals; specify the purpose of the request; indicate the date,	22650
which shall be at least ten days after the second publication, on	22651
which the request for proposals will be mailed to financial	22652
institutions, issuers, or processors; and require that any	22653
financial institution, issuer, or processor, whichever is	22654
appropriate, interested in receiving the request for proposals	22655
submit written notice of this interest to the county not later	22656
than noon of the day on which the request for proposals will be	22657
mailed.	22658

Upon receiving the proposals, the administrative agent shall	22659
review them and make a recommendation to the board of county	22660
commissioners on which proposals to accept. The board of county	22661
commissioners shall consider the agent's recommendation and review	22662
all proposals submitted, and then may choose to contract with any	22663
or all of the entities submitting proposals, as appropriate. The	22664
board shall provide any financial institution, issuer, or	22665
processor that submitted a proposal, but with which the board does	22666
not enter into a contract, notice that its proposal is rejected.	22667
The notice shall state the reasons for the rejection, indicate	22668
whose proposals were accepted, and provide a copy of the terms and	22669
conditions of the successful bids.	22670

(D) A board of county commissioners adopting a resolution	22671
under this section shall send a copy of the resolution to each	22672
county official in the county who is authorized by the resolution	22673
to accept payments by financial transaction devices. After	22674
receiving the resolution and before accepting payments by	22675
financial transaction devices, a county official shall provide	22676
written notification to the board of county commissioners of the	22677
official's intent to implement the resolution within the	22678
official's office. Each county office subject to the board's	22679
resolution adopted under division (B) of this section may use only	22680
the financial institutions, issuers of financial transaction	22681
devices, and processors of financial transaction devices with	22682
which the board of county commissioners contracts, and each such	22683
office is subject to the terms of those contracts.	22684

If a county office under the authority of a county official	22685
is directly responsible for collecting one or more county expenses	22686
and the county official determines not to accept payments by	22687
financial transaction devices for one or more of those expenses,	22688
the office shall not be required to accept payments by financial	22689
transaction devices, notwithstanding the adoption of a resolution	22690
by the board of county commissioners under this section.	22691

Any office of a clerk of the court of common pleas that	22692
accepts financial transaction devices on or before July 1, 1999,	22693
and any other county office that accepted such devices before	22694
January 1, 1998, may continue to accept such devices without being	22695
subject to any resolution passed by the board of county	22696
commissioners under division (B) of this section, or any other	22697
oversight by the board of the office's financial transaction	22698
devices program. Any such office may use surcharges or convenience	22699
fees in any manner the county official in charge of the office	22700
determines to be appropriate, and, if the county treasurer	22701
consents, may appoint the county treasurer to be the office's	22702
administrative agent for purposes of accepting financial	22703
transaction devices. In order not to be subject to the resolution	22704
of the board of county commissioners adopted under division (B) of	22705
this section, a county office shall notify the board in writing	22706
within thirty days after March 30, 1999, that it accepted	22707
financial transaction devices prior to January 1, 1998, or, in the	22708
case of the office of a clerk of the court of common pleas, the	22709
clerk has accepted or will accept such devices on or before July	22710
1, 1999. Each such notification shall explain how processing costs	22711
associated with financial transaction devices are being paid and	22712
shall indicate whether surcharge or convenience fees are being	22713
passed on to consumers.	22714

(E) A board of county commissioners may establish a surcharge	22715
or convenience fee that may be imposed upon a person making	22716
payment by a financial transaction device. The surcharge or	22717
convenience fee shall not be imposed unless authorized or	22718
otherwise permitted by the rules prescribed by an agreement	22719
governing the use and acceptance of the financial transaction	22720
device.	22721

If a surcharge or convenience fee is imposed, every county	22722
office accepting payment by a financial transaction device,	22723
regardless of whether that office is subject to a resolution	22724
adopted by a board of county commissioners, shall clearly post a	22725
notice in that office and shall notify each person making a	22726
payment by such a device about the surcharge or fee. Notice to	22727
each person making a payment shall be provided regardless of the	22728
medium used to make the payment and in a manner appropriate to	22729
that medium. Each notice shall include all of the following:	22730

(1) A statement that there is a surcharge or convenience fee	22731
for using a financial transaction device;	22732

(2) The total amount of the charge or fee expressed in	22733
dollars and cents for each transaction, or the rate of the charge	22734
or fee expressed as a percentage of the total amount of the	22735
transaction, whichever is applicable;	22736

(3) A clear statement that the surcharge or convenience fee	22737
is nonrefundable.	22738

(F) If a person elects to make a payment to the county by a	22739
financial transaction device and a surcharge or convenience fee is	22740
imposed, the payment of the surcharge or fee shall be considered	22741
voluntary and the surcharge or fee is not refundable.	22742

(G) If a person makes payment by financial transaction device	22743
and the payment is returned or dishonored for any reason, the	22744
person is liable to the county for payment of a penalty over and	22745
above the amount of the expense due. The board of county	22746
commissioners shall determine the amount of the penalty, which may	22747
be either a fee not to exceed twenty dollars or payment of the	22748
amount necessary to reimburse the county for banking charges,	22749
legal fees, or other expenses incurred by the county in collecting	22750
the returned or dishonored payment. The remedies and procedures	22751
provided in this section are in addition to any other available	22752
civil or criminal remedies provided by law.	22753

(H) No person making any payment by financial transaction	22754
device to a county office shall be relieved from liability for the	22755
underlying obligation except to the extent that the county	22756
realizes final payment of the underlying obligation in cash or its	22757
equivalent. If final payment is not made by the financial	22758
transaction device issuer or other guarantor of payment in the	22759
transaction, the underlying obligation shall survive and the	22760
county shall retain all remedies for enforcement that would have	22761
applied if the transaction had not occurred.	22762

(I) A county official or employee who accepts a financial	22763
transaction device payment in accordance with this section and any	22764
applicable state or local policies or rules is immune from	22765
personal liability for the final collection of such payments.	22766

Sec. 305.23. (A) As used in this section:

22767

(1) "County office" means the offices of the county	22768
commissioner, county auditor, county treasurer, county engineer,	22769
county recorder, county prosecuting attorney, county sheriff,	22770
county coroner, county park district, veterans service commission,	22771
clerk of the juvenile court, clerks of court for all divisions of	22772
the courts of common pleas, including the clerk of the court of	22773
common pleas, clerk of a county-operated municipal court, and	22774
clerk of a county court, and any agency, department, or division	22775
under the authority of, or receiving funding in whole or in part	22776
from, any of those county offices.	22777

(2) "Human resources" means any and all functions relating to	22778
human resource management, including civil service, employee	22779
benefits administration, collective bargaining, labor relations,	22780
risk management, workers' compensation, unemployment compensation,	22781
and any human resource management function required by state or	22782
federal law, but "human resources" does not authorize a board of	22783
county commissioners to adopt a resolution establishing a	22784
centralized human resource service that requires any county office	22785
to conform to any classification and compensation plan, position	22786
descriptions, or organizational structure; to determine the rate	22787
of compensation of any employee appointed by the appointing	22788
authority of a county office or the salary ranges for positions of	22789
a county office within the aggregate limits set in the	22790
appropriation resolution of the board of county commissioners; to	22791
determine the number of or the terms of employment of any employee	22792
appointed by the appointing authority of a county office within	22793
the aggregate limits set in the board's appropriation resolution;	22794
or to exercise powers relating to the hiring, qualifications,	22795
evaluation, suspension, demotion, disciplinary action, layoff,	22796
furloughing, establishment of a modified work-week schedule, or	22797
the termination of any employee appointed by the appointing	22798
authority of any county office.	22799

(B) Subject to division (C) of this section, a board of	22800
county commissioners may adopt a resolution establishing	22801
centralized purchasing, printing, transportation, vehicle	22802
maintenance, human resources, revenue collection, and mail	22803
operation services for a county office. Before adopting a	22804
resolution under this section, the board of county commissioners,	22805
in a written notice, shall inform any other county office that	22806
will be impacted by the resolution of the board's desire to	22807
establish a centralized service or services. The written notice	22808
shall include a statement that provides the rationale and the	22809
estimated savings anticipated for centralizing a service or	22810
services. In addition, the board may request any other county	22811
office to serve as the agent and responsible party for	22812
administering a centralized service or services. That county	22813
office may enter into an agreement with the board of county	22814
commissioners to administer the centralized service or services	22815
under such terms and conditions as are included in the agreement,	22816
but nothing in this section authorizes the board of county	22817
commissioners to require a county office to serve as the agent and	22818
responsible party for administering a centralized service or	22819
services at the board's request.	22820

A resolution establishing a centralized service or services	22821
shall specify all of the following:	22822

(1) The name of the county office that will be the agent and	22823
responsible party for administering a centralized service or	22824
services, and if the agent and responsible party is not the board	22825
of county commissioners, the designation of the county office that	22826
has entered into an agreement under division (B) of this section	22827
with the board to be the agent and responsible party;	22828

(2) Which county offices are required to use the centralized	22829
services;	22830

(3) If not all of the centralized services, which centralized	22831
service each county office must use;	22832

(4) A list of rates and charges the county office shall pay	22833
for the centralized services;	22834

(5) The date upon which each county office specified in the	22835
resolution shall begin using the centralized services.	22836

Not later than ten days after a resolution is adopted under	22837
this section, the clerk of the board of county commissioners shall	22838
send a copy of the resolution to each county office that is	22839
specified in the resolution.	22840

(C) A board of county commissioners shall not adopt a	22841
resolution that establishes a centralized service or services	22842
regarding any of the following:	22843

(1) Purchases made for contract services with moneys from the	22844
~~special fund designated as "general~~county recorder's technology	22845
fund ~~moneys to supplement the equipment needs of the county~~	22846
~~recorder"~~established under section 317.321 of the Revised Code or	22847
from the funds that are paid out of the general fund of the county	22848
under sections 325.071 and 325.12 of the Revised Code;	22849

(2) Purchases made with moneys from the real estate	22850
assessment fund established under section 325.31 of the Revised	22851
Code;	22852

(3) Purchases of financial software used by the county	22853
auditor;	22854

(4) The printing of county property tax bills;

22855

(5) The collection of any taxes, assessments, and fees the	22856
county treasurer is required by law to collect;	22857

(6) Purchases of software used by the county recorder.

22858

(D) Nothing in this section authorizes the board of county	22859
commissioners to have control or authority over funds that are	22860
received directly by a county office under another section of the	22861
Revised Code, or to control, or have authority regarding, the	22862
expenditure or use of such funds.	22863

Sec. 306.35. Upon the creation of a regional transit	22864
authority as provided by section 306.32 of the Revised Code, and	22865
upon the qualifying of its board of trustees and the election of a	22866
president and a vice-president, the authority shall exercise in	22867
its own name all the rights, powers, and duties vested in and	22868
conferred upon it by sections 306.30 to 306.53 of the Revised	22869
Code. Subject to any reservations, limitations, and qualifications	22870
that are set forth in those sections, the regional transit	22871
authority:	22872

(A) May sue or be sued in its corporate name;

22873

(B) May make contracts in the exercise of the rights, powers,	22874
and duties conferred upon it;	22875

(C) May adopt and at will alter a seal and use such seal by	22876
causing it to be impressed, affixed, reproduced, or otherwise	22877
used, but failure to affix the seal shall not affect the validity	22878
of any instrument;	22879

(D)(1) May adopt, amend, and repeal bylaws for the	22880
administration of its affairs and rules for the control of the	22881
administration and operation of transit facilities under its	22882
jurisdiction, and for the exercise of all of its rights of	22883
ownership in those transit facilities;	22884

(2) The regional transit authority also may adopt bylaws and	22885
rules for the following purposes:	22886

(a) To prohibit selling, giving away, or using any beer or	22887
intoxicating liquor on transit vehicles or transit property;	22888

(b) For the preservation of good order within or on transit	22889
vehicles or transit property;	22890

(c) To provide for the protection and preservation of all	22891
property and life within or on transit vehicles or transit	22892
property;	22893

(d) To regulate and enforce the collection of fares.

22894

(3) Before a bylaw or rule adopted under division (D)(2) of	22895
this section takes effect, the regional transit authority shall	22896
provide for a notice of its adoption to be published once a week	22897
for two consecutive weeks in a newspaper of general circulation	22898
within the territorial boundaries of the regional transit	22899
authority, or as provided in section 7.16 of the Revised Code.	22900

(4) No person shall violate any bylaw or rule of a regional	22901
transit authority adopted under division (D)(2) of this section.	22902

(E) May fix, alter, and collect fares, rates, and rentals and	22903
other charges for the use of transit facilities under its	22904
jurisdiction to be determined exclusively by it for the purpose of	22905
providing for the payment of the expenses of the regional transit	22906
authority, the acquisition, construction, improvement, extension,	22907
repair, maintenance, and operation of transit facilities under its	22908
jurisdiction, the payment of principal and interest on its	22909
obligations, and to fulfill the terms of any agreements made with	22910
purchasers or holders of any such obligations, or with any person	22911
or political subdivision;	22912

(F) Shall have jurisdiction, control, possession, and	22913
supervision of all property, rights, easements, licenses, moneys,	22914
contracts, accounts, liens, books, records, maps, or other	22915
property rights and interests conveyed, delivered, transferred, or	22916
assigned to it;	22917

(G)(1) Except as provided in division (G)(2) of this section,	22918
may acquire, construct, improve, extend, repair, lease, operate,	22919
maintain, or manage transit facilities within or without its	22920
territorial boundaries, considered necessary to accomplish the	22921
purposes of its organization and make charges for the use of	22922
transit facilities.	22923

(2) ~~Beginning on July 1, 2011, a~~A regional transit authority	22924
shall not ~~extend its service or facilities into a political~~	22925
~~subdivision~~acquire, construct, improve, extend, repair, lease,	22926
operate, maintain, or manage transit facilities outside ~~the~~its	22927
territorial boundaries ~~of the authority without giving prior~~	22928
until:	22929

(a) It has provided written notice of its proposed action to	22930
the legislative authority of ~~the~~any political subdivision~~. The~~	22931
~~legislative authority shall have thirty days after receiving the~~	22932
~~notice to comment on the proposal~~in which the action of the	22933
regional transit authority is proposed to take place; and	22934

(b) It has received from each such affected political	22935
subdivision an agreement containing the terms and conditions for	22936
the regional transit authority action.	22937

(H) May levy and collect taxes as provided in sections 306.40	22938
and 306.49 of the Revised Code;	22939

(I) May issue bonds secured by its general credit as provided	22940
in section 306.40 of the Revised Code;	22941

(J) May hold, encumber, control, acquire by donation, by	22942
purchase for cash or by installment payments, by lease-purchase	22943
agreement, by lease with option to purchase, or by condemnation,	22944
and may construct, own, lease as lessee or lessor, use, and sell,	22945
real and personal property, or any interest or right in real and	22946
personal property, within or without its territorial boundaries,	22947
for the location or protection of transit facilities and	22948
improvements and access to transit facilities and improvements,	22949
the relocation of buildings, structures, and improvements situated	22950
on lands acquired by the regional transit authority, or for any	22951
other necessary purpose, or for obtaining or storing materials to	22952
be used in constructing, maintaining, and improving transit	22953
facilities under its jurisdiction;	22954

(K) May exercise the power of eminent domain to acquire	22955
property or any interest in property, within or without its	22956
territorial boundaries, that is necessary or proper for the	22957
construction or efficient operation of any transit facility or	22958
access to any transit facility under its jurisdiction in	22959
accordance with section 306.36 of the Revised Code;	22960

(L) May provide by agreement with any county, including the	22961
counties within its territorial boundaries, or any municipal	22962
corporation or any combination of counties or municipal	22963
corporations for the making of necessary surveys, appraisals, and	22964
examinations preliminary to the acquisition or construction of any	22965
transit facility and the amount of the expense for the surveys,	22966
appraisals, and examinations to be paid by each such county or	22967
municipal corporation;	22968

(M) May provide by agreement with any county, including the	22969
counties within its territorial boundaries, or any municipal	22970
corporation or any combination of those counties or municipal	22971
corporations for the acquisition, construction, improvement,	22972
extension, maintenance, or operation of any transit facility owned	22973
or to be owned and operated by it or owned or to be owned and	22974
operated by any such county or municipal corporation and the terms	22975
on which it shall be acquired, leased, constructed, maintained, or	22976
operated, and the amount of the cost and expense of the	22977
acquisition, lease, construction, maintenance, or operation to be	22978
paid by each such county or municipal corporation;	22979

(N) May issue revenue bonds for the purpose of acquiring,	22980
replacing, improving, extending, enlarging, or constructing any	22981
facility or permanent improvement that it is authorized to	22982
acquire, replace, improve, extend, enlarge, or construct,	22983
including all costs in connection with and incidental to the	22984
acquisition, replacement, improvement, extension, enlargement, or	22985
construction, and their financing, as provided by section 306.37	22986
of the Revised Code;	22987

(O) May enter into and supervise franchise agreements for the	22988
operation of a transit system;	22989

(P) May accept the assignment of and supervise an existing	22990
franchise agreement for the operation of a transit system;	22991

(Q) May exercise a right to purchase a transit system in	22992
accordance with the acquisition terms of an existing franchise	22993
agreement; and in connection with the purchase the regional	22994
transit authority may issue revenue bonds as provided by section	22995
306.37 of the Revised Code or issue bonds secured by its general	22996
credit as provided in section 306.40 of the Revised Code;	22997

(R) May apply for and accept grants or loans from the United	22998
States, the state, or any other public body for the purpose of	22999
providing for the development or improvement of transit	23000
facilities, mass transportation facilities, equipment, techniques,	23001
methods, or services, and grants or loans needed to exercise a	23002
right to purchase a transit system pursuant to agreement with the	23003
owner of those transit facilities, or for providing lawful	23004
financial assistance to existing transit systems; and may provide	23005
any consideration that may be required in order to obtain those	23006
grants or loans from the United States, the state, or other public	23007
body, either of which grants or loans may be evidenced by the	23008
issuance of revenue bonds as provided by section 306.37 of the	23009
Revised Code or general obligation bonds as provided by section	23010
306.40 of the Revised Code;	23011

(S) May employ and fix the compensation of consulting	23012
engineers, superintendents, managers, and such other engineering,	23013
construction, accounting and financial experts, attorneys, and	23014
other employees and agents necessary for the accomplishment of its	23015
purposes;	23016

(T) May procure insurance against loss to it by reason of	23017
damages to its properties resulting from fire, theft, accident, or	23018
other casualties or by reason of its liability for any damages to	23019
persons or property occurring in the construction or operation of	23020
transit facilities under its jurisdiction or the conduct of its	23021
activities;	23022

(U) May maintain funds that it considers necessary for the	23023
efficient performance of its duties;	23024

(V) May direct its agents or employees, when properly	23025
identified in writing, after at least five days' written notice,	23026
to enter upon lands within or without its territorial boundaries	23027
in order to make surveys and examinations preliminary to the	23028
location and construction of transit facilities, without liability	23029
to it or its agents or employees except for actual damage done;	23030

(W) On its own motion, may request the appropriate zoning	23031
board, as defined in section 4563.03 of the Revised Code, to	23032
establish and enforce zoning regulations pertaining to any transit	23033
facility under its jurisdiction in the manner prescribed by	23034
sections 4563.01 to 4563.21 of the Revised Code;	23035

(X) If it acquires any existing transit system, shall assume	23036
all the employer's obligations under any existing labor contract	23037
between the employees and management of the system. If the board	23038
acquires, constructs, controls, or operates any such facilities,	23039
it shall negotiate arrangements to protect the interests of	23040
employees affected by the acquisition, construction, control, or	23041
operation. The arrangements shall include, but are not limited to:	23042

(1) The preservation of rights, privileges, and benefits	23043
under existing collective bargaining agreements or otherwise, the	23044
preservation of rights and benefits under any existing pension	23045
plans covering prior service, and continued participation in	23046
social security in addition to participation in the public	23047
employees retirement system as required in Chapter 145. of the	23048
Revised Code;	23049

(2) The continuation of collective bargaining rights;

23050

(3) The protection of individual employees against a	23051
worsening of their positions with respect to their employment;	23052

(4) Assurances of employment to employees of those transit	23053
systems and priority reemployment of employees terminated or laid	23054
off;	23055

(5) Paid training or retraining programs;

23056

(6) Signed written labor agreements.

23057

The arrangements may include provisions for the submission of	23058
labor disputes to final and binding arbitration.	23059

(Y) May provide for and maintain security operations,	23060
including a transit police department, subject to section 306.352	23061
of the Revised Code. Regional transit authority police officers	23062
shall have the power and duty to act as peace officers within	23063
transit facilities owned, operated, or leased by the transit	23064
authority to protect the transit authority's property and the	23065
person and property of passengers, to preserve the peace, and to	23066
enforce all laws of the state and ordinances and regulations of	23067
political subdivisions in which the transit authority operates.	23068
Regional transit authority police officers also shall have the	23069
power and duty to act as peace officers when they render emergency	23070
assistance outside their jurisdiction to any other peace officer	23071
who is not a regional transit authority police officer and who has	23072
arrest authority under section 2935.03 of the Revised Code.	23073
Regional transit authority police officers may render emergency	23074
assistance if there is a threat of imminent physical danger to the	23075
peace officer, a threat of physical harm to another person, or any	23076
other serious emergency situation and if either the peace officer	23077
who is assisted requests emergency assistance or it appears that	23078
the peace officer who is assisted is unable to request emergency	23079
assistance and the circumstances observed by the regional transit	23080
authority police officer reasonably indicate that emergency	23081
assistance is appropriate.	23082

Before exercising powers of arrest and the other powers and	23083
duties of a peace officer, each regional transit authority police	23084
officer shall take an oath and give bond to the state in a sum	23085
that the board of trustees prescribes for the proper performance	23086
of the officer's duties.	23087

Persons employed as regional transit authority police	23088
officers shall complete training for the position to which they	23089
have been appointed as required by the Ohio peace officer training	23090
commission as authorized in section 109.77 of the Revised Code, or	23091
be otherwise qualified. The cost of the training shall be provided	23092
by the regional transit authority.	23093

(Z) May procure a policy or policies insuring members of its	23094
board of trustees against liability on account of damages or	23095
injury to persons and property resulting from any act or omission	23096
of a member in the member's official capacity as a member of the	23097
board or resulting solely out of the member's membership on the	23098
board;	23099

(AA) May enter into any agreement for the sale and leaseback	23100
or lease and leaseback of transit facilities, which agreement may	23101
contain all necessary covenants for the security and protection of	23102
any lessor or the regional transit authority including, but not	23103
limited to, indemnification of the lessor against the loss of	23104
anticipated tax benefits arising from acts, omissions, or	23105
misrepresentations of the regional transit authority. In	23106
connection with that transaction, the regional transit authority	23107
may contract for insurance and letters of credit and pay any	23108
premiums or other charges for the insurance and letters of credit.	23109
The fiscal officer shall not be required to furnish any	23110
certificate under section 5705.41 of the Revised Code in	23111
connection with the execution of any such agreement.	23112

(BB) In regard to any contract entered into on or after March	23113
19, 1993, for the rendering of services or the supplying of	23114
materials or for the construction, demolition, alteration, repair,	23115
or reconstruction of transit facilities in which a bond is	23116
required for the faithful performance of the contract, may permit	23117
the person awarded the contract to utilize a letter of credit	23118
issued by a bank or other financial institution in lieu of the	23119
bond;	23120

(CC) May enter into agreements with municipal corporations	23121
located within the territorial jurisdiction of the regional	23122
transit authority permitting regional transit authority police	23123
officers employed under division (Y) of this section to exercise	23124
full arrest powers, as provided in section 2935.03 of the Revised	23125
Code, for the purpose of preserving the peace and enforcing all	23126
laws of the state and ordinances and regulations of the municipal	23127
corporation within the areas that may be agreed to by the regional	23128
transit authority and the municipal corporation.	23129

Sec. 307.07. (A) The board of county commissioners, by	23130
resolution, may create an office of economic development, to	23131
develop and promote plans and programs designed to assure that	23132
county resources are efficiently used, economic growth is properly	23133
balanced, and that county economic development is coordinated with	23134
that of the state and other local governments. For this purpose,	23135
the board may appropriate moneys from the county general fund, or,	23136
pursuant to section 307.64 of the Revised Code, moneys derived	23137
from a tax levied pursuant to division (EE) of section 5705.19 of	23138
the Revised Code, for the creation and operation of the office	23139
for, any economic development purpose of the office, and to	23140
provide for the establishment and operation of a program of	23141
economic development, including in support of a county land	23142
reutilization corporation organized under Chapter 1724. of the	23143
Revised Code. The board may hire a director of economic	23144
development, who shall be a member of the unclassified civil	23145
service, and fix the director's compensation; or may do any of the	23146
following:	23147

(1) Enter into an agreement with a county planning commission	23148
within the county, created under section 713.22 of the Revised	23149
Code, or a regional planning commission, created under section	23150
713.21 of the Revised Code, regardless of whether the county is a	23151
member of the commission, to carry out all of the functions and	23152
duties of a director of economic development under division (B) of	23153
this section. Any agreement shall set forth the procedure by which	23154
the county or regional planning commission shall gain the approval	23155
of the board of county commissioners for any actions, functions,	23156
and duties under division (B) of this section. Any agreement may	23157
continue in effect for a period of one to three years and may be	23158
renewed with the consent of all parties. The civil service status	23159
of planning commission staff shall not be affected by any	23160
agreement under this division.	23161

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	23162
extension ~~service~~, providing for the use of employees hired by the	23163
Ohio state university under section 3335.36 of the Revised Code to	23164
carry out all of the functions and duties of a director of	23165
economic development under division (B) of this section. Any	23166
agreement shall set forth the procedure by which ~~the Ohio~~	23167
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	23168
board of county commissioners for any actions, functions, and	23169
duties under division (B) of this section. Any agreement may	23170
continue in effect for a period of one to three years and may be	23171
renewed with the consent of all parties. The employment	23172
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	23173
shall not be affected by any agreement under this division.	23174

Any moneys appropriated by the board of county commissioners	23175
to execute an agreement for the provision of services pursuant to	23176
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	23177
be paid to the Ohio state university to the credit of the ~~Ohio~~	23178
~~cooperative~~OSU extension ~~service~~ fund created under section	23179
3335.35 of the Revised Code.	23180

(3) Enter into an agreement with a public or private	23181
nonprofit organization to carry out all of the functions and	23182
duties of a director of economic development under division (B) of	23183
this section. The agreement shall set forth the procedure by which	23184
the nonprofit organization shall gain the approval of the board of	23185
county commissioners for any actions, functions, and duties under	23186
that division. The agreement may continue in effect for a period	23187
of one to three years and may be renewed with the consent of all	23188
parties. The employment classification of the nonprofit	23189
organization's employees shall not be affected by an agreement	23190
under this division.	23191

(B) The director of economic development may:

23192

(1) With the approval of the board, hire such staff and	23193
employ such technical and advisory personnel as the director sees	23194
fit to enable the director to carry out the functions and duties	23195
of the office;	23196

(2) With the approval of the board, contract for services	23197
necessary to enable the director to carry out the functions and	23198
duties of the office;	23199

(3) With the approval of the board, enter into agreements	23200
with federal, state, and local governments and agencies thereof,	23201
and with public, private, or nonprofit organizations to carry out	23202
the functions and duties of the office;	23203

(4) Maintain membership in development organizations;

23204

(5) With the approval of the board, make loans or grants and	23205
provide other forms of financial assistance for the purpose of	23206
economic development, including financial assistance for permanent	23207
public improvements, in compliance with applicable laws of this	23208
state, and fix the rate of interest and charges to be made for	23209
such financial assistance;	23210

(6) With the approval of the board, receive and accept	23211
grants, gifts, and contributions of money, property, labor, and	23212
other things of value, to be held, used, and applied only for the	23213
purpose for which they are made, from individuals, private and	23214
public corporations, the United States government or any agency	23215
thereof, from the state or any agency thereof, or from any	23216
political subdivision or any agency thereof, and may agree to	23217
repay any contribution of money or return any property contributed	23218
or the value thereof in amounts, and on terms and conditions,	23219
excluding the payment of interest, as the director determines, and	23220
may evidence the obligations by written evidence;	23221

(7) Establish with the board any funds that are necessary for	23222
the deposit and disbursement of gifts or contributions of money	23223
accepted for economic development purposes;	23224

(8) With the approval of the board, design, implement,	23225
monitor, oversee, and evaluate economic development plans,	23226
programs, strategies, and policies;	23227

(9) Purchase real property to convey to a county land	23228
reutilization corporation to be used in accordance with its public	23229
purposes;	23230

(10) Perform all acts necessary to fulfill the functions and	23231
duties of the office.	23232

(C) The boards of county commissioners of two or more	23233
counties, by resolution, may create a joint office of economic	23234
development for the purposes set forth in division (A) of this	23235
section. The counties participating in a joint office of economic	23236
development shall enter into an agreement that sets forth the	23237
contribution of funds, services, and property to the joint office	23238
from each participating county; establishes the person, public	23239
agency, or nonprofit organization that shall carry out the	23240
functions and duties of the office; and discloses any other terms	23241
by which the joint office shall operate.	23242

The boards of county commissioners of counties participating	23243
in a joint office of economic development may appropriate moneys	23244
from their respective county general funds, or, pursuant to	23245
section 307.64 of the Revised Code, moneys derived from a tax	23246
levied pursuant to division (EE) of section 5705.19 of the Revised	23247
Code, for the creation and operation of the joint office, for any	23248
economic development purpose of the office, and to provide for the	23249
establishment and operation of a program of economic development.	23250
The participating counties may hire a director of economic	23251
development for the joint office or enter into an agreement with a	23252
public agency or nonprofit organization in a manner set forth in	23253
division (A) of this section to carry out the functions and duties	23254
set forth in division (B) of this section.	23255

Any agreement establishing a joint office of economic	23256
development shall set forth the procedure by which the person,	23257
public agency, or nonprofit organization carrying out the	23258
functions and duties of the office shall gain the approval of the	23259
participating boards of county commissioners for any actions,	23260
functions, and duties under division (B) of this section.	23261

(D) As used in this section, "economic development" has the	23262
same meaning as in section 307.64 of the Revised Code.	23263

Sec. 307.674. (A) As used in this section:

23264

(1) "Bonds" means:

23265

(a) Revenue bonds of the port authority described in division	23266
(B)(2)(a) of this section;	23267

(b) Securities as defined in division (KK) of section 133.01	23268
of the Revised Code issued by the host municipal corporation,	23269
described in division (B)(3)(a) of this section;	23270

(c) Any bonds issued to refund any of those revenue bonds or	23271
securities.	23272

(2) "Corporation" means a nonprofit corporation that is	23273
organized under the laws of this state and that includes within	23274
the purposes for which it is incorporated the authorization to	23275
lease and operate facilities such as a port authority educational	23276
and cultural performing arts facility.	23277

(3) "Cost," as applied to a port authority educational and	23278
cultural performing arts facility, means the cost of acquiring,	23279
constructing, renovating, rehabilitating, equipping, or improving	23280
the facility, or any combination of those purposes, collectively	23281
referred to in this section as "construction," and the cost of	23282
acquisition of all land, rights of way, property rights,	23283
easements, franchise rights, and interests required for those	23284
purposes, the cost of demolishing or removing any buildings or	23285
structures on land so acquired, including the cost of acquiring	23286
any land to which those buildings or structures may be moved, the	23287
cost of public utility and common carrier relocation or	23288
duplication, the cost of all machinery, furnishings, and	23289
equipment, financing charges, interest prior to and during	23290
construction and for not more than three years after completion of	23291
construction, costs arising under guaranty agreements,	23292
reimbursement agreements, or other credit enhancement agreements	23293
relating to bonds, engineering, expenses of research and	23294
development with respect to such facility, legal expenses, plans,	23295
specifications, surveys, studies, estimates of costs and revenues,	23296
other expenses necessary or incident to determining the	23297
feasibility or practicability of acquiring or constructing the	23298
facility, administrative expense, and other expenses as may be	23299
necessary or incident to that acquisition or construction and the	23300
financing of such acquisition or construction, including, with	23301
respect to the revenue bonds of a port authority, amounts to be	23302
paid into any special funds from the proceeds of those bonds, and	23303
repayments to the port authority, host county, host municipal	23304
corporation, or corporation of any amounts advanced for the	23305
foregoing purposes.	23306

(4) "Debt service charges" means, for any period or payable	23307
at any time, the principal of and interest and any premium due on	23308
bonds for that period or payable at that time whether due at	23309
maturity or upon mandatory redemption, together with any required	23310
deposits to reserves for the payment of principal of and interest	23311
on those bonds, and includes any payments required by the port	23312
authority to satisfy any of its obligations under or arising from	23313
any guaranty agreements, reimbursement agreements, or other credit	23314
enhancement agreements described in division (C) of this section.	23315

(5) "Host county" means the county within the boundaries of	23316
which the port authority educational and cultural performing arts	23317
facility is or will be located.	23318

(6) "Host municipal corporation" means the municipal	23319
corporation within the boundaries of which the port authority	23320
educational and cultural performing arts facility is or will be	23321
located.	23322

(7) "Port authority" means a port authority created pursuant	23323
to section 4582.22 of the Revised Code.	23324

(8) "Port authority educational and cultural performing arts	23325
facility" means a facility that consists of a center for music or	23326
other performing arts, a theater or other facilities to provide	23327
programs of an educational, recreational, or cultural nature, or	23328
any combination of those purposes as determined by the parties to	23329
the cooperative agreement for which provision is made in division	23330
(B) of this section to fulfill the public educational,	23331
recreational, and cultural purposes set forth therein, together	23332
with all parking facilities, walkways, and other auxiliary	23333
facilities, real and personal property, property rights,	23334
easements, and interests that may be appropriate for, or used in	23335
connection with, the operation of the facility.	23336

(B) A host county, a host municipal corporation, and a port	23337
authority may enter into a cooperative agreement with a	23338
corporation under which, as further provided for in that	23339
agreement:	23340

(1) The host county may agree to do any or all of the	23341
following:	23342

(a) Levy and collect a tax under division (E) and division	23343
(F) of section 5739.09 of the Revised Code for the purposes, and	23344
in an amount sufficient for those purposes, described in divisions	23345
(B)(1)(b) and (c) of this section;	23346

(b) Pay to the port authority all or such portion as provided	23347
for in the cooperative agreement of the revenue from the tax,	23348
together with any investment earnings on that revenue, to be used	23349
to pay a portion of the costs of acquiring, constructing,	23350
renovating, rehabilitating, equipping, or improving the port	23351
authority educational and cultural performing arts facility;	23352

(c) Pledge and pay to the corporation all or such portion as	23353
provided for in the cooperative agreement of the revenue from the	23354
tax, together with any investment earnings on that revenue, to be	23355
used to pay a portion of the costs to the corporation of leasing	23356
the port authority educational and cultural performing arts	23357
facility from the port authority.	23358

(2) The port authority may agree to do any or all of the	23359
following:	23360

(a) Issue its revenue bonds pursuant to section 4582.48 of	23361
the Revised Code for the purpose of paying all or a portion of the	23362
costs of the port authority educational and cultural performing	23363
arts facility;	23364

(b) Acquire, construct, renovate, rehabilitate, equip, and	23365
improve the port authority educational and cultural performing	23366
arts facility;	23367

(c) Lease the port authority educational and cultural	23368
performing arts facility to the corporation;	23369

(d) To the extent provided for in the cooperative agreement	23370
or the lease to the corporation, authorize the corporation to	23371
administer on behalf of the port authority the contracts for	23372
acquiring, constructing, renovating, rehabilitating, or equipping	23373
the port authority educational and cultural performing arts	23374
facility;	23375

(e) Use the revenue derived from the lease of the port	23376
authority educational and cultural performing arts facility to the	23377
corporation solely to pay debt service charges on revenue bonds of	23378
the port authority issued pursuant to division (B)(2)(a) of this	23379
section and to pay its obligations under or arising from any	23380
guaranty agreements, reimbursement agreements, or other credit	23381
enhancement agreements provided for in this section.	23382

(3) The host municipal corporation may agree to do either or	23383
both of the following:	23384

(a) Issue its bonds for the purpose of paying all or a	23385
portion of the costs of the port authority educational and	23386
cultural performing arts facility, and pay the proceeds from the	23387
issuance to the port authority for that purpose;	23388

(b) Enter into a guaranty agreement, a reimbursement	23389
agreement, or other credit enhancement agreement with the port	23390
authority to provide a guaranty or other credit enhancement of the	23391
port authority revenue bonds referred to in division (B)(2)(a) of	23392
this section pledging taxes, other than ad valorem property taxes,	23393
or other revenues for the purpose of providing the funds required	23394
to satisfy the host municipal corporation's obligations under that	23395
agreement.	23396

The cooperative agreement may provide that the proceeds of	23397
such securities or of such guaranty agreement, reimbursement	23398
agreement, or other credit enhancement agreement be deposited with	23399
and administered by the trustee pursuant to the trust agreement	23400
authorized in division (C) of this section.	23401

(4) The corporation may agree to do any or all of the	23402
following:	23403

(a) Lease the port authority educational and cultural	23404
performing arts facility from the port authority;	23405

(b) Operate and maintain the port authority educational and	23406
cultural performing arts facility pursuant to the lease;	23407

(c) To the extent provided for in the cooperative agreement	23408
or the lease from the port authority, administer on behalf of the	23409
port authority the contracts for acquiring, constructing,	23410
renovating, rehabilitating, or equipping the port authority	23411
educational and cultural performing arts facility.	23412

(C) The pledge and payments referred to in divisions	23413
(B)(1)(b) and (c) of this section and provided for in the	23414
cooperative agreement shall be for the period stated in the	23415
cooperative agreement but shall not extend longer than the period	23416
necessary to provide for the final retirement of the port	23417
authority revenue bonds referred to in division (B)(2)(a) of this	23418
section, and for the satisfaction by the port authority of any of	23419
its obligations under or arising from any guaranty agreements,	23420
reimbursement agreements, or other credit enhancement agreements	23421
relating to those bonds or to the revenues pledged to them. The	23422
cooperative agreement shall provide for the termination of the	23423
cooperative agreement, including the pledge and payment referred	23424
to in division (B)(1)(c) of this section, if the port authority	23425
revenue bonds referred to in division (B)(2)(a) of this section	23426
have not been issued, sold, and delivered within five years of the	23427
effective date of the cooperative agreement.	23428

The cooperative agreement shall provide that any port	23429
authority revenue bonds shall be secured by a trust agreement	23430
between the port authority and a corporate trustee that is a trust	23431
company or bank having the powers of a trust company within or	23432
outside the state but authorized to exercise trust powers within	23433
the state. The host county may be a party to that trust agreement	23434
for the purpose of better securing the pledge by the host county	23435
of its payment to the corporation pursuant to division (B)(1)(c)	23436
of this section. A tax levied pursuant to section 5739.09 of the	23437
Revised Code for the purposes specified in division (B)(1)(b) or	23438
(c) of this section is not subject to diminution by initiative or	23439
referendum or diminution by statute, unless provision is made for	23440
an adequate substitute reasonably satisfactory to the trustee	23441
under the trust agreement that secures the port authority revenue	23442
bonds.	23443

(D) A pledge of money by a host county under this section	23444
shall not be net indebtedness of the host county for purposes of	23445
section 133.07 of the Revised Code. A guaranty or other credit	23446
enhancement by a host municipal corporation under this section	23447
shall not be net indebtedness of the host municipal corporation	23448
for purposes of section 133.05 of the Revised Code.	23449

(E) If the terms of the cooperative agreement so provide, any	23450
contract for the acquisition, construction, renovation,	23451
rehabilitation, equipping, or improving of a port authority	23452
educational and cultural performing arts facility shall be made in	23453
such manner as is determined by the board of directors of the port	23454
authority, and unless the cooperative agreement provides	23455
otherwise, such a contract is not subject to division (R)(2) of	23456
section 4582.31 of the Revised Code. The port authority may take	23457
the assignment of and assume any contracts for the acquisition,	23458
construction, renovation, rehabilitation, equipping, or improving	23459
of a port authority educational and cultural performing arts	23460
facility that had previously been authorized by any of the host	23461
county, the host municipality, or the corporation. Such contracts	23462
are not subject to division (R)(2) of section 4582.31 of the	23463
Revised Code.	23464

Any contract for the acquisition, construction, renovation,	23465
rehabilitation, equipping, or improving of a port authority	23466
educational and cultural performing arts facility entered into,	23467
assigned, or assumed pursuant to this division shall provide that	23468
all laborers and mechanics employed for the acquisition,	23469
construction, renovation, rehabilitation, equipping, or improving	23470
of that facility shall be paid at the prevailing rates of wages of	23471
laborers and mechanics for the class of work called for by the	23472
port authority educational and cultural performing arts facility,	23473
which wages shall be determined in accordance with the	23474
requirements of Chapter 4115. of the Revised Code for the	23475
determination of prevailing wage rates.	23476

Notwithstanding any provisions to the contrary in section	23477
~~3383.07~~123.281 of the Revised Code, construction services and	23478
general building services for a port authority educational and	23479
cultural performing arts facility funded completely or in part	23480
with money appropriated by the state to the Ohio ~~cultural~~	23481
facilities construction commission may be provided by a port	23482
authority or a corporation that occupies, will occupy, or is	23483
responsible for that facility, as determined by the commission.	23484
The construction services and general building services to be	23485
provided by the port authority or the corporation shall be	23486
specified in an agreement between the commission and the port	23487
authority or corporation. That agreement, or any actions taken	23488
under it, are not subject to Chapters 123. or 153. of the Revised	23489
Code, but are subject to Chapter 4115. of the Revised Code.	23490

Sec. 307.86. Anything to be purchased, leased, leased with	23491
an option or agreement to purchase, or constructed, including, but	23492
not limited to, any product, structure, construction,	23493
reconstruction, improvement, maintenance, repair, or service,	23494
except the services of an accountant, architect, attorney at law,	23495
physician, professional engineer, construction project manager,	23496
consultant, surveyor, or appraiser, by or on behalf of the county	23497
or contracting authority, as defined in section 307.92 of the	23498
Revised Code, at a cost in excess of fifty thousand dollars,	23499
except as otherwise provided in division (D) of section 713.23 and	23500
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	23501
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	23502
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	23503
Code, shall be obtained through competitive bidding. However,	23504
competitive bidding is not required when any of the following	23505
applies:	23506

(A) The board of county commissioners, by a unanimous vote of	23507
its members, makes a determination that a real and present	23508
emergency exists, and that determination and the reasons for it	23509
are entered in the minutes of the proceedings of the board, when	23510
either of the following applies:	23511

(1) The estimated cost is less than one hundred thousand	23512
dollars.	23513

(2) There is actual physical disaster to structures, radio	23514
communications equipment, or computers.	23515

For purposes of this division, "unanimous vote" means all	23516
three members of a board of county commissioners when all three	23517
members are present, or two members of the board if only two	23518
members, constituting a quorum, are present.	23519

Whenever a contract of purchase, lease, or construction is	23520
exempted from competitive bidding under division (A)(1) of this	23521
section because the estimated cost is less than one hundred	23522
thousand dollars, but the estimated cost is fifty thousand dollars	23523
or more, the county or contracting authority shall solicit	23524
informal estimates from no fewer than three persons who could	23525
perform the contract, before awarding the contract. With regard to	23526
each such contract, the county or contracting authority shall	23527
maintain a record of such estimates, including the name of each	23528
person from whom an estimate is solicited. The county or	23529
contracting authority shall maintain the record for the longer of	23530
at least one year after the contract is awarded or the amount of	23531
time the federal government requires.	23532

(B)(1) The purchase consists of supplies or a replacement or	23533
supplemental part or parts for a product or equipment owned or	23534
leased by the county, and the only source of supply for the	23535
supplies, part, or parts is limited to a single supplier.	23536

(2) The purchase consists of services related to information	23537
technology, such as programming services, that are proprietary or	23538
limited to a single source.	23539

(C) The purchase is from the federal government, the state,	23540
another county or contracting authority of another county, or a	23541
board of education, educational service center, township, or	23542
municipal corporation.	23543

(D) The purchase is made by a county department of job and	23544
family services under section 329.04 of the Revised Code and	23545
consists of family services duties or workforce development	23546
activities or is made by a county board of developmental	23547
disabilities under section 5126.05 of the Revised Code and	23548
consists of program services, such as direct and ancillary client	23549
services, child care, case management services, residential	23550
services, and family resource services.	23551

(E) The purchase consists of criminal justice services,	23552
social services programs, family services, or workforce	23553
development activities by the board of county commissioners from	23554
nonprofit corporations or associations under programs funded by	23555
the federal government or by state grants.	23556

(F) The purchase consists of any form of an insurance policy	23557
or contract authorized to be issued under Title XXXIX of the	23558
Revised Code or any form of health care plan authorized to be	23559
issued under Chapter 1751. of the Revised Code, or any combination	23560
of such policies, contracts, plans, or services that the	23561
contracting authority is authorized to purchase, and the	23562
contracting authority does all of the following:	23563

(1) Determines that compliance with the requirements of this	23564
section would increase, rather than decrease, the cost of the	23565
purchase;	23566

(2) Requests issuers of the policies, contracts, plans, or	23567
services to submit proposals to the contracting authority, in a	23568
form prescribed by the contracting authority, setting forth the	23569
coverage and cost of the policies, contracts, plans, or services	23570
as the contracting authority desires to purchase;	23571

(3) Negotiates with the issuers for the purpose of purchasing	23572
the policies, contracts, plans, or services at the best and lowest	23573
price reasonably possible.	23574

(G) The purchase consists of computer hardware, software, or	23575
consulting services that are necessary to implement a computerized	23576
case management automation project administered by the Ohio	23577
prosecuting attorneys association and funded by a grant from the	23578
federal government.	23579

(H) Child care services are purchased for provision to county	23580
employees.	23581

(I)(1) Property, including land, buildings, and other real	23582
property, is leased for offices, storage, parking, or other	23583
purposes, and all of the following apply:	23584

(a) The contracting authority is authorized by the Revised	23585
Code to lease the property.	23586

(b) The contracting authority develops requests for proposals	23587
for leasing the property, specifying the criteria that will be	23588
considered prior to leasing the property, including the desired	23589
size and geographic location of the property.	23590

(c) The contracting authority receives responses from	23591
prospective lessors with property meeting the criteria specified	23592
in the requests for proposals by giving notice in a manner	23593
substantially similar to the procedures established for giving	23594
notice under section 307.87 of the Revised Code.	23595

(d) The contracting authority negotiates with the prospective	23596
lessors to obtain a lease at the best and lowest price reasonably	23597
possible considering the fair market value of the property and any	23598
relocation and operational costs that may be incurred during the	23599
period the lease is in effect.	23600

(2) The contracting authority may use the services of a real	23601
estate appraiser to obtain advice, consultations, or other	23602
recommendations regarding the lease of property under this	23603
division.	23604

(J) The purchase is made pursuant to section 5139.34 or	23605
sections 5139.41 to 5139.46 of the Revised Code and is of programs	23606
or services that provide case management, treatment, or prevention	23607
services to any felony or misdemeanant delinquent, unruly youth,	23608
or status offender under the supervision of the juvenile court,	23609
including, but not limited to, community residential care, day	23610
treatment, services to children in their home, or electronic	23611
monitoring.	23612

(K) The purchase is made by a public children services agency	23613
pursuant to section 307.92 or 5153.16 of the Revised Code and	23614
consists of family services, programs, or ancillary services that	23615
provide case management, prevention, or treatment services for	23616
children at risk of being or alleged to be abused, neglected, or	23617
dependent children.	23618

(L) The purchase is to obtain the services of emergency	23619
medical service organizations under a contract made by the board	23620
of county commissioners pursuant to section 307.05 of the Revised	23621
Code with a joint emergency medical services district.	23622

(M) The county contracting authority determines that the use	23623
of competitive sealed proposals would be advantageous to the	23624
county and the contracting authority complies with section 307.862	23625
of the Revised Code.	23626

Any issuer of policies, contracts, plans, or services listed	23627
in division (F) of this section and any prospective lessor under	23628
division (I) of this section may have the issuer's or prospective	23629
lessor's name and address, or the name and address of an agent,	23630
placed on a special notification list to be kept by the	23631
contracting authority, by sending the contracting authority that	23632
name and address. The contracting authority shall send notice to	23633
all persons listed on the special notification list. Notices shall	23634
state the deadline and place for submitting proposals. The	23635
contracting authority shall mail the notices at least six weeks	23636
prior to the deadline set by the contracting authority for	23637
submitting proposals. Every five years the contracting authority	23638
may review this list and remove any person from the list after	23639
mailing the person notification of that action.	23640

Any contracting authority that negotiates a contract under	23641
division (F) of this section shall request proposals and negotiate	23642
with issuers in accordance with that division at least every three	23643
years from the date of the signing of such a contract, unless the	23644
parties agree upon terms for extensions or renewals of the	23645
contract. Such extension or renewal periods shall not exceed six	23646
years from the date the initial contract is signed.	23647

Any real estate appraiser employed pursuant to division (I)	23648
of this section shall disclose any fees or compensation received	23649
from any source in connection with that employment.	23650

Sec. 309.09. (A) The prosecuting attorney shall be the legal	23651
adviser of the board of county commissioners, board of elections,	23652
all other county officers and boards, and all tax-supported public	23653
libraries, and any of them may require written opinions or	23654
instructions from the prosecuting attorney in matters connected	23655
with their official duties. The prosecuting attorney shall	23656
prosecute and defend all suits and actions that any such officer,	23657
board, or tax-supported public library directs or to which it is a	23658
party, and no county officer may employ any other counsel or	23659
attorney at the expense of the county, except as provided in	23660
section 305.14 of the Revised Code.	23661

(B)(1) The prosecuting attorney shall be the legal adviser	23662
for all township officers, boards, and commissions, unless,	23663
subject to division (B)(2) of this section, the township has	23664
adopted a limited home rule government pursuant to Chapter 504. of	23665
the Revised Code and has not entered into a contract to have the	23666
prosecuting attorney serve as the township law director, in which	23667
case, subject to division (B)(2) of this section, the township law	23668
director, whether serving full-time or part-time, shall be the	23669
legal adviser for all township officers, boards, and commissions.	23670
When the board of township trustees finds it advisable or	23671
necessary to have additional legal counsel, it may employ an	23672
attorney other than the township law director or the prosecuting	23673
attorney of the county, either for a particular matter or on an	23674
annual basis, to represent the township and its officers, boards,	23675
and commissions in their official capacities and to advise them on	23676
legal matters. No such legal counsel may be employed, except on	23677
the order of the board of township trustees, duly entered upon its	23678
journal, in which the compensation to be paid for the legal	23679
services shall be fixed. The compensation shall be paid from the	23680
township fund.	23681

Nothing in this division confers any of the powers or duties	23682
of a prosecuting attorney under section 309.08 of the Revised Code	23683
upon a township law director.	23684

(2)(a) If any township in the county served by the	23685
prosecuting attorney has adopted any resolution regarding the	23686
operation of adult entertainment establishments pursuant to the	23687
authority that is granted under section 503.52 of the Revised Code	23688
or if a resolution of that nature has been adopted under section	23689
503.53 of the Revised Code in a township in the county served by	23690
the prosecuting attorney, all of the following apply:	23691

(i) Upon the request of a township in the county that has	23692
adopted, or in which has been adopted, a resolution of that nature	23693
that is made pursuant to division (E)(1)(c) of section 503.52 of	23694
the Revised Code, the prosecuting attorney shall prosecute and	23695
defend on behalf of the township in the trial and argument in any	23696
court or tribunal of any challenge to the validity of the	23697
resolution. If the challenge to the validity of the resolution is	23698
before a federal court, the prosecuting attorney may request the	23699
attorney general to assist the prosecuting attorney in prosecuting	23700
and defending the challenge and, upon the prosecuting attorney's	23701
making of such a request, the attorney general shall assist the	23702
prosecuting attorney in performing that service if the resolution	23703
was drafted in accordance with legal guidance provided by the	23704
attorney general as described in division (B)(2) of section 503.52	23705
of the Revised Code. The attorney general shall provide this	23706
assistance without charge to the township for which the service is	23707
performed. If a township adopts a resolution without the legal	23708
guidance of the attorney general, the attorney general is not	23709
required to provide assistance as described in this division to a	23710
prosecuting attorney.	23711

(ii) Upon the request of a township in the county that has	23712
adopted, or in which has been adopted, a resolution of that nature	23713
that is made pursuant to division (E)(1)(a) of section 503.52 of	23714
the Revised Code, the prosecuting attorney shall prosecute and	23715
defend on behalf of the township a civil action to enjoin the	23716
violation of the resolution in question.	23717

(iii) Upon the request of a township in the county that has	23718
adopted, or in which has been adopted, a resolution of that nature	23719
that is made pursuant to division (E)(1)(b) of section 503.52 of	23720
the Revised Code, the prosecuting attorney shall prosecute and	23721
defend on behalf of the township a civil action under Chapter	23722
3767. of the Revised Code to abate as a nuisance the place in the	23723
unincorporated area of the township at which the resolution is	23724
being or has been violated. Proceeds from the sale of personal	23725
property or contents seized pursuant to the action shall be	23726
applied and deposited in accordance with division (E)(1)(b) of	23727
section 503.52 of the Revised Code.	23728

(b) The provisions of division (B)(2)(a) of this section	23729
apply regarding all townships, including townships that have	23730
adopted a limited home rule government pursuant to Chapter 504. of	23731
the Revised Code, and regardless of whether a township that has so	23732
adopted a limited home rule government has entered into a contract	23733
with the prosecuting attorney as described in division (B) of	23734
section 504.15 of the Revised Code or has appointed a law director	23735
as described in division (A) of that section.	23736

The prosecuting attorney shall prosecute and defend in the	23737
actions and proceedings described in division (B)(2)(a) of this	23738
section without charge to the township for which the services are	23739
performed.	23740

(C) Whenever the board of county commissioners employs an	23741
attorney other than the prosecuting attorney of the county,	23742
without the authorization of the court of common pleas as provided	23743
in section 305.14 of the Revised Code, either for a particular	23744
matter or on an annual basis, to represent the board in its	23745
official capacity and to advise it on legal matters, the board	23746
shall enter upon its journal an order of the board in which the	23747
compensation to be paid for the legal services shall be fixed. The	23748
compensation shall be paid from the county general fund. The total	23749
compensation paid, in any year, by the board for legal services	23750
under this division shall not exceed the total annual compensation	23751
of the prosecuting attorney for that county.	23752

(D) The prosecuting attorney and the board of county	23753
commissioners jointly may contract with a board of park	23754
commissioners under section 1545.07 of the Revised Code for the	23755
prosecuting attorney to provide legal services to the park	23756
district the board of park commissioners operates.	23757

(E) The prosecuting attorney may be, in the prosecuting	23758
attorney's discretion and with the approval of the board of county	23759
commissioners, the legal adviser of a joint fire district created	23760
under section 505.371 of the Revised Code at no cost to the	23761
district or may be the legal adviser to the district under a	23762
contract that the prosecuting attorney and the district enter	23763
into, and that the board of county ~~commissioner~~commissioners	23764
approves, to authorize the prosecuting attorney to provide legal	23765
services to the district.	23766

(F) The prosecuting attorney may be, in the prosecuting	23767
attorney's discretion and with the approval of the board of county	23768
commissioners, the legal adviser of a joint ambulance district	23769
created under section 505.71 of the Revised Code at no cost to the	23770
district or may be the legal adviser to the district under a	23771
contract that the prosecuting attorney and the district enter	23772
into, and that the board of county commissioners approves, to	23773
authorize the prosecuting attorney to provide legal services to	23774
the district.	23775

(G) The prosecuting attorney may be, in the prosecuting	23776
attorney's discretion and with the approval of the board of county	23777
commissioners, the legal adviser of a joint emergency medical	23778
services district created under section 307.052 of the Revised	23779
Code at no cost to the district or may be the legal adviser to the	23780
district under a contract that the prosecuting attorney and the	23781
district enter into, and that the board of county commissioners	23782
approves, to authorize the prosecuting attorney to provide legal	23783
services to the district.	23784

(H) The prosecuting attorney may be, in the prosecuting	23785
attorney's discretion and with the approval of the board of county	23786
commissioners, the legal adviser of a fire and ambulance district	23787
created under section 505.375 of the Revised Code at no cost to	23788
the district or may be the legal adviser to the district under a	23789
contract that the prosecuting attorney and the district enter	23790
into, and that the board of county commissioners approves, to	23791
authorize the prosecuting attorney to provide legal services to	23792
the district.	23793

(I) All money received pursuant to a contract entered into	23794
under division (D), (E), (F), (G), or (H) of this section shall be	23795
deposited into the prosecuting attorney's legal services fund,	23796
which shall be established in the county treasury of each county	23797
in which such a contract exists. Moneys in that fund may be	23798
appropriated only to the prosecuting attorney for the purpose of	23799
providing legal services to a park district, joint fire district,	23800
joint ambulance district, joint emergency medical services	23801
district, or a fire and ambulance district, as applicable, under a	23802
contract entered into under the applicable division.	23803

(J) The prosecuting attorney shall be the legal advisor of a	23804
lake facilities authority as provided in section 353.02 of the	23805
Revised Code.	23806

Sec. 317.06. (A) Each county recorder who is newly elected	23807
to a full term of office shall attend and successfully complete at	23808
least fifteen hours of continuing education courses during the	23809
first year of the recorder's term of office and complete at least	23810
another eight hours of such courses each year of the remaining	23811
term. Each county recorder who is elected to a subsequent term of	23812
office shall attend and successfully complete at least eight hours	23813
of such courses in each year of any subsequent term of office. To	23814
be counted toward the continuing education hours required by this	23815
section, a course must be approved by the Ohio recorders'	23816
association. Any county recorder who teaches an approved course	23817
shall be entitled to credit for the course in the same manner as	23818
if the county recorder had attended the course.	23819

The Ohio recorders' association shall record and, upon	23820
request, verify the completion of required course work for each	23821
county recorder and issue a statement to each county recorder of	23822
the number of hours of continuing education the county recorder	23823
has successfully completed. Each year the association shall send a	23824
list of the continuing education courses, and the number of hours	23825
each county recorder has successfully completed, to the auditor of	23826
state and shall provide a copy of this list to any other	23827
individual who requests it.	23828

The association shall issue a "failure to complete notice" to	23829
any county recorder required to complete continuing education	23830
courses under this section who fails to successfully complete at	23831
least fifteen hours of continuing education courses during the	23832
first year of the county recorder's first term of office or to	23833
complete a total of at least thirty-nine hours of such courses,	23834
including the fifteen hours completed in the first year of the	23835
first term, by the end of that term. The association shall issue a	23836
"failure to complete notice" to any county recorder required to	23837
complete continuing education courses under this section who fails	23838
to successfully complete at least eight hours of continuing	23839
education courses each year of any subsequent term of office or to	23840
complete a total of at least thirty-two hours of such courses, by	23841
the end of that subsequent term. The notice is for informational	23842
purposes only and does not affect any individual's ability to hold	23843
the office of county recorder.	23844

(B) ~~Each board of county commissioners shall approve, from~~	23845
~~money appropriated to the county recorder, a reasonable amount~~	23846
~~requested by the county recorder of its county to cover the~~The	23847
costs the county recorder must incur to meet the requirements of	23848
division (A) of this section, including registration fees, lodging	23849
and meal expenses, and travel expenses shall be paid from the	23850
county recorder's technology fund, if such a fund has been	23851
established under section 317.321 of the Revised Code.	23852

Sec. 317.08. (A) Except as provided in divisions (C), (D),	23853
and (E) of this section, the county recorder shall keep six	23854
separate sets of records as follows:	23855

(1) A record of deeds, in which shall be recorded all deeds	23856
and other instruments of writing for the absolute and	23857
unconditional sale or conveyance of lands, tenements, and	23858
hereditaments; all notices as provided in sections 5301.47 to	23859
5301.56 of the Revised Code; all judgments or decrees in actions	23860
brought under section 5303.01 of the Revised Code; all	23861
declarations and bylaws, and all amendments to declarations and	23862
bylaws, as provided in Chapter 5311. of the Revised Code;	23863
affidavits as provided in sections 5301.252 and 5301.56 of the	23864
Revised Code; all certificates as provided in section 5311.17 of	23865
the Revised Code; all articles dedicating archaeological preserves	23866
accepted by the director of the Ohio historical society under	23867
section 149.52 of the Revised Code; all articles dedicating nature	23868
preserves accepted by the director of natural resources under	23869
section 1517.05 of the Revised Code; ~~all agreements for the~~	23870
~~registration of lands as archaeological or historic landmarks~~	23871
~~under section 149.51 or 149.55 of the Revised Code;~~ all	23872
conveyances of conservation easements and agricultural easements	23873
under section 5301.68 of the Revised Code; all instruments	23874
extinguishing agricultural easements under section 901.21 or	23875
5301.691 of the Revised Code or pursuant to terms of such an	23876
easement granted to a charitable organization under section	23877
5301.68 of the Revised Code; all instruments or orders described	23878
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	23879
no further action letters issued under section 122.654 or 3746.11	23880
of the Revised Code; all covenants not to sue issued under section	23881
3746.12 of the Revised Code, including all covenants not to sue	23882
issued pursuant to section 122.654 of the Revised Code; any	23883
restrictions on the use of property contained in a no further	23884
action letter issued under section 122.654 of the Revised Code,	23885
any restrictions on the use of property identified pursuant to	23886
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	23887
restrictions on the use of property contained in a deed or other	23888
instrument as provided in division (E) or (F) of section 3737.882	23889
of the Revised Code; any easement executed or granted under	23890
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	23891
any environmental covenant entered into in accordance with	23892
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	23893
trust, as described in division (A) of section 5301.255 of the	23894
Revised Code, that describe specific real property; and all	23895
agreements entered into under division (A) of section 1506.44 of	23896
the Revised Code;	23897

(2) A record of mortgages, in which shall be recorded all of	23898
the following:	23899

(a) All mortgages, including amendments, supplements,	23900
modifications, and extensions of mortgages, or other instruments	23901
of writing by which lands, tenements, or hereditaments are or may	23902
be mortgaged or otherwise conditionally sold, conveyed, affected,	23903
or encumbered;	23904

(b) All executory installment contracts for the sale of land	23905
executed after September 29, 1961, that by their terms are not	23906
required to be fully performed by one or more of the parties to	23907
them within one year of the date of the contracts;	23908

(c) All options to purchase real estate, including	23909
supplements, modifications, and amendments of the options, but no	23910
option of that nature shall be recorded if it does not state a	23911
specific day and year of expiration of its validity;	23912

(d) Any tax certificate sold under section 5721.33 of the	23913
Revised Code, or memorandum of it, that is presented for filing of	23914
record.	23915

(3) A record of powers of attorney, including all memoranda	23916
of trust, as described in division (A) of section 5301.255 of the	23917
Revised Code, that do not describe specific real property;	23918

(4) A record of plats, in which shall be recorded all plats	23919
and maps of town lots, of the subdivision of town lots, and of	23920
other divisions or surveys of lands, any center line survey of a	23921
highway located within the county, the plat of which shall be	23922
furnished by the director of transportation or county engineer,	23923
and all drawings and amendments to drawings, as provided in	23924
Chapter 5311. of the Revised Code;	23925

(5) A record of leases, in which shall be recorded all	23926
leases, memoranda of leases, and supplements, modifications, and	23927
amendments of leases and memoranda of leases;	23928

(6) A record of declarations executed pursuant to section	23929
2133.02 of the Revised Code and durable powers of attorney for	23930
health care executed pursuant to section 1337.12 of the Revised	23931
Code.	23932

(B) All instruments or memoranda of instruments entitled to	23933
record shall be recorded in the proper record in the order in	23934
which they are presented for record. The recorder may index, keep,	23935
and record in one volume unemployment compensation liens, internal	23936
revenue tax liens and other liens in favor of the United States as	23937
described in division (A) of section 317.09 of the Revised Code,	23938
personal tax liens, mechanic's liens, agricultural product liens,	23939
notices of liens, certificates of satisfaction or partial release	23940
of estate tax liens, discharges of recognizances, excise and	23941
franchise tax liens on corporations, broker's liens, and liens	23942
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	23943
5164.56, and 5311.18 of the Revised Code.	23944

The recording of an option to purchase real estate, including	23945
any supplement, modification, and amendment of the option, under	23946
this section shall serve as notice to any purchaser of an interest	23947
in the real estate covered by the option only during the period of	23948
the validity of the option as stated in the option.	23949

(C) In lieu of keeping the six separate sets of records	23950
required in divisions (A)(1) to (6) of this section and the	23951
records required in divisions (D) and (E) of this section, a	23952
county recorder may record all the instruments required to be	23953
recorded by this section in two separate sets of record books. One	23954
set shall be called the "official records" and shall contain the	23955
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	23956
(D) and (E) of this section. The second set of records shall	23957
contain the instruments listed in division (A)(4) of this section.	23958

(D) Except as provided in division (C) of this section, the	23959
county recorder shall keep a separate set of records containing	23960
all corrupt activity lien notices filed with the recorder pursuant	23961
to section 2923.36 of the Revised Code and a separate set of	23962
records containing all medicaid fraud lien notices filed with the	23963
recorder pursuant to section 2933.75 of the Revised Code.	23964

(E)(1) The county recorder shall keep a separate set of	23965
records containing all transfers, conveyances, or assignments of	23966
any type of tangible or intangible personal property or any rights	23967
or interests in that property if and to the extent that any person	23968
wishes to record that personal property transaction and if the	23969
applicable instrument is acknowledged before a notary public. If	23970
the transferor is a natural person, the notice of personal	23971
property transfer shall be recorded in the county in this state in	23972
which the transferor maintains the transferor's principal	23973
residence. If the transferor is not a natural person, the notice	23974
of personal property transfer shall be recorded in the county in	23975
this state in which the transferor maintains its principal place	23976
of business. If the transferor does not maintain a principal	23977
residence or a principal place of business in this state and the	23978
transfer is to a trustee of a legacy trust formed pursuant to	23979
Chapter 5816. of the Revised Code, the notice of personal property	23980
transfer shall be recorded in the county in this state where that	23981
trustee maintains a principal residence or principal place of	23982
business. In all other instances, the notice of personal property	23983
transfer shall be recorded in the county in this state where the	23984
property described in the notice is located.	23985

(2) The records described in division (E)(1) of this section	23986
shall be maintained in or as part of the "official records" under	23987
division (C) of this section.	23988

Sec. 317.32. The county recorder shall charge and collect	23989
the following fees, to include, except as otherwise provided in	23990
division (A)(2) of this section, base fees for the recorder's	23991
services and housing trust fund fees collected pursuant to section	23992
317.36 of the Revised Code:	23993

(A)(1) Except as otherwise provided in division (A)(2) of	23994
this section, for recording and indexing an instrument if the	23995
photocopy or any similar process is employed, a base fee of	23996
fourteen dollars for the first two pages and a housing trust fund	23997
fee of fourteen dollars, and a base fee of four dollars and a	23998
housing trust fund fee of four dollars for each subsequent page,	23999
size eight and one-half inches by fourteen inches, or fraction of	24000
a page, including the caption page, of such instrument;	24001

(2) For recording and indexing an instrument described in	24002
division (E)(1) of section 317.08 of the Revised Code if the	24003
photocopy or any similar process is employed, a fee of	24004
twenty-eight dollars for the first two pages to be deposited ~~into~~	24005
~~the county treasury to the credit of the special fund designated~~	24006
~~as "general fund moneys to supplement the equipment needs of the~~	24007
~~county recorder" under section 317.321 of the Revised Code~~as	24008
specified elsewhere in this division, and a fee of eight dollars	24009
to be deposited in the same manner for each subsequent page, size	24010
eight and one-half inches by fourteen inches, or fraction of a	24011
page, including the caption page, of that instrument;. If the	24012
county recorder's technology fund has been established under	24013
section 317.321 of the Revised Code, of the twenty-eight dollars,	24014
fourteen dollars shall be deposited into the county treasury to	24015
the credit of the county recorder's technology fund and fourteen	24016
dollars shall be deposited into the county treasury to the credit	24017
of the county general fund. If the county recorder's technology	24018
fund has not been established, the twenty-eight dollars shall be	24019
deposited into the county treasury to the credit of the county	24020
general fund.	24021

(B) For certifying a photocopy from the record previously	24022
recorded, a base fee of one dollar and a housing trust fund fee of	24023
one dollar per page, size eight and one-half inches by fourteen	24024
inches, or fraction of a page; for each certification if the	24025
recorder's seal is required, except as to instruments issued by	24026
the armed forces of the United States, a base fee of fifty cents	24027
and a housing trust fund fee of fifty cents;	24028

(C) For manual or typewritten recording of assignment or	24029
satisfaction of mortgage or lease or any other marginal entry, a	24030
base fee of four dollars and a housing trust fund fee of four	24031
dollars;	24032

(D) For entering any marginal reference by separate recorded	24033
instrument, a base fee of two dollars and a housing trust fund fee	24034
of two dollars for each marginal reference set out in that	24035
instrument, in addition to the fees set forth in division (A)(1)	24036
of this section;	24037

(E) For indexing in the real estate mortgage records,	24038
pursuant to section 1309.519 of the Revised Code, financing	24039
statements covering crops growing or to be grown, timber to be	24040
cut, minerals or the like, including oil and gas, accounts subject	24041
to section 1309.301 of the Revised Code, or fixture filings made	24042
pursuant to section 1309.334 of the Revised Code, a base fee of	24043
two dollars and a housing trust fund fee of two dollars for each	24044
name indexed;	24045

(F) For recording manually any plat not exceeding six lines,	24046
a base fee of two dollars and a housing trust fund fee of two	24047
dollars, and for each additional line, a base fee of ten cents and	24048
a housing trust fund fee of ten cents;	24049

(G) For filing zoning resolutions, including text and maps,	24050
in the office of the recorder as required under sections 303.11	24051
and 519.11 of the Revised Code, a base fee of twenty-five dollars	24052
and a housing trust fund fee of twenty-five dollars, regardless of	24053
the size or length of the resolutions;	24054

(H) For filing zoning amendments, including text and maps, in	24055
the office of the recorder as required under sections 303.12 and	24056
519.12 of the Revised Code, a base fee of ten dollars and a	24057
housing trust fund fee of ten dollars regardless of the size or	24058
length of the amendments;	24059

(I) For photocopying a document, other than at the time of	24060
recording and indexing as provided for in division (A)(1) or (2)	24061
of this section, a base fee of one dollar and a housing trust fund	24062
fee of one dollar per page, size eight and one-half inches by	24063
fourteen inches, or fraction thereof;	24064

(J) For local facsimile transmission of a document, a base	24065
fee of one dollar and a housing trust fund fee of one dollar per	24066
page, size eight and one-half inches by fourteen inches, or	24067
fraction thereof; for long distance facsimile transmission of a	24068
document, a base fee of two dollars and a housing trust fund fee	24069
of two dollars per page, size eight and one-half inches by	24070
fourteen inches, or fraction thereof;	24071

(K) For recording a declaration executed pursuant to section	24072
2133.02 of the Revised Code or a durable power of attorney for	24073
health care executed pursuant to section 1337.12 of the Revised	24074
Code, or both a declaration and a durable power of attorney for	24075
health care, a base fee of at least fourteen dollars but not more	24076
than twenty dollars and a housing trust fund fee of at least	24077
fourteen dollars but not more than twenty dollars.	24078

In any county in which the recorder employs the photostatic	24079
or any similar process for recording maps, plats, or prints the	24080
recorder shall determine, charge, and collect for the recording or	24081
rerecording of any map, plat, or print, a base fee of five cents	24082
and a housing trust fund fee of five cents per square inch, for	24083
each square inch of the map, plat, or print filed for that	24084
recording or rerecording, with a minimum base fee of twenty	24085
dollars and a minimum housing trust fund fee of twenty dollars;	24086
for certifying a copy from the record, a base fee of two cents and	24087
a housing trust fund fee of two cents per square inch of the	24088
record, with a minimum base fee of two dollars and a minimum	24089
housing trust fund fee of two dollars.	24090

The fees provided in this section shall be paid upon the	24091
presentation of the instruments for record or upon the application	24092
for any certified copy of the record, except that the payment of	24093
fees associated with the filing and recording of, or the copying	24094
of, notices of internal revenue tax liens and notices of other	24095
liens in favor of the United States as described in division (A)	24096
of section 317.09 of the Revised Code and certificates of	24097
discharge or release of those liens, shall be governed by section	24098
317.09 of the Revised Code, and the payment of fees for providing	24099
copies of instruments conveying or extinguishing agricultural	24100
easements to the office of farmland preservation in the department	24101
of agriculture under division (H) of section 5301.691 of the	24102
Revised Code shall be governed by that division.	24103

Sec. 317.321. (A) Not later than the first day of October of	24104
any year, the county recorder may submit to the board of county	24105
commissioners a proposal for funding any of the following:	24106

(1) The acquisition orand maintenance of ~~micrographic or~~	24107
imaging and other technological equipment ~~or for~~and contract	24108
services ~~or a proposal to~~therefor;	24109

(2) To reserve funds for the office's future ~~equipment~~	24110
technology needs if the county recorder has no immediate plans for	24111
the acquisition of imaging and other technological equipment or	24112
contract services, or to use the county recorder's technology fund	24113
as a dedicated revenue source to repay debt to purchase any	24114
imaging and other technological equipment before the accumulation	24115
of adequate resources to purchase the equipment with cash. ~~Either~~	24116

(3) Subject to division (G) of this section, for other	24117
expenses associated with the acquisition and maintenance of	24118
imaging and other technological equipment and contract services.	24119

(B) The proposal shall be in writing and shall include at	24120
least the following:	24121

(1) A request that an amount not to exceed ~~seven~~eight	24122
dollars of the ~~fee~~total base fees collected for filing or	24123
recording a document for which a fee is charged as required by	24124
division (A)(1) of section 317.32 ~~of the Revised Code~~ or by	24125
section 1309.525 or 5310.15 of the Revised Code ~~and the amount of~~	24126
~~the fees collected under division (A)(2) of section 317.32 of the~~	24127
~~Revised Code~~ be placed in the county treasury ~~and designated as~~	24128
~~"general~~to the credit of the county recorder's technology fund	24129
~~moneys to supplement the equipment needs of the county recorder"~~;	24130

(2) ~~The~~Except as provided in division (E)(3) of this	24131
section, the number of years, not to exceed five, for which the	24132
county recorder requests that the amount requested under division	24133
(A)(1) of this section be given the designation specified in that	24134
division;	24135

(3) An estimate of the total amount of fees that will be	24136
generated for filing or recording a document for which a fee is	24137
charged as required by division (A)(1) or (2) of section 317.32 of	24138
the Revised Code or by section 1309.525 or 5310.15 of the Revised	24139
Code;	24140

(4) An estimate of the total amount of fees for filing or	24141
recording a document for which a fee is charged as required by	24142
division (A)(1) or (2) of section 317.32 ~~of the Revised Code~~ or by	24143
section 1309.525 or 5310.15 of the Revised Code that will be	24144
~~designated as "general~~credited to the county recorder's	24145
technology fund ~~moneys to supplement the equipment needs of the~~	24146
~~county recorder"~~ if the request submitted under division ~~(A)~~(B)(1)	24147
of this section is approved by the board of county commissioners.	24148

(C) A proposal for the ~~acquisition or maintenance of~~	24149
~~micrographic or other equipment or for contract services may~~	24150
purposes of division (A)(1) of this section shall include a	24151
description or summary of the ~~micrographic or~~imaging and other	24152
technological equipment~~, or maintenance of the micrographic or~~	24153
~~other equipment,~~ that the county recorder proposes to acquire and	24154
maintain, orand the nature of contract services that the county	24155
recorder proposes to utilize, if the proposal is for those	24156
purposes. A proposal ~~to reserve funds for the office's future~~	24157
~~equipment needs if the county recorder has no immediate plans~~ for	24158
the ~~acquisition of equipment or services~~purposes of division	24159
(A)(2) of this section shall explain the general future technology	24160
needs of the office for imaging and other technological equipment,	24161
or for revenue to repay debt, if the proposal is for those	24162
purposes. A proposal for the purposes of division (A)(3) of this	24163
section shall identify the other expenses associated with the	24164
acquisition and maintenance of imaging and other technological	24165
equipment and contract services that the county recorder proposes	24166
to pay with moneys in the county recorder's technology fund, if	24167
the proposal is for those purposes.	24168

~~(B)~~(D) The board of county commissioners shall receive ~~either~~	24169
a proposal and the clerk shall enter it on the journal. At the	24170
same time, the board shall establish a date, not sooner than	24171
fifteen or later than thirty days after the ~~board's receipt of~~	24172
board receives the proposal, on which to meet with the recorder to	24173
review the proposal.	24174

~~(C)~~(E)(1) ~~Not~~Except as provided in division (E)(3) of this	24175
section, not later than the fifteenth day of December of any year	24176
in which a proposal ~~for the acquisition or maintenance of~~	24177
~~micrographic or other equipment or for contract services~~ is	24178
submitted under division (A) of this section, the board of county	24179
commissioners shall approve, reject, or modify the proposal and	24180
notify the county recorder of its action on the proposal. If the	24181
board rejects or modifies the proposal, it shall make a written	24182
finding that the request is for a purpose other than for	24183
~~acquiring, leasing, or otherwise obtaining micrographic or other~~	24184
~~equipment or contracts for use by the county recorder~~a purpose in	24185
division (A) of this section, or that the amount requested ~~for the~~	24186
~~acquisition or maintenance of micrographic or other equipment or~~	24187
~~for contract services~~ is excessive as determined by the board. If	24188
~~the board approves the proposal, it shall request the~~	24189
~~establishment of a special fund under section 5705.12 of the~~	24190
~~Revised Code for any fees designated as "general fund moneys to~~	24191
~~supplement the equipment needs of the county recorder.~~"	24192

(2) ~~Not later than the fifteenth day of December of any year~~	24193
~~in which a proposal to reserve funds for the office's future~~	24194
~~equipment needs is submitted under division (A) of this section,~~	24195
~~the board of county commissioners shall approve the proposal,~~	24196
~~notify the county recorder of its action on the proposal, and~~	24197
~~request the establishment of a special fund under section 5705.12~~	24198
~~of the Revised Code for any fees designated as "general~~A	24199
proposal submitted under division (A) of this section that was	24200
approved by the board of county commissioners before, and is in	24201
effect on, the effective date of this amendment shall continue in	24202
effect until January 1, 2019, notwithstanding the number of years	24203
of funding specified in the approved proposal.	24204

(3) A proposal submitted under division (A) of this section	24205
between October 1, 2013, and October 1, 2017, may request that an	24206
amount that does not exceed three dollars be credited to the	24207
county recorder's technology fund, in addition to the amount	24208
previously approved by the board of county commissioners in a	24209
proposal described in division (E)(2) of this section. The	24210
proposal may be submitted each year during that time period, but	24211
shall be limited to funding in the following fiscal year. If the	24212
total of the amount under division (E)(2) of this section and the	24213
amount requested under this division does not exceed eight	24214
dollars, the board shall approve the proposal and notify the	24215
county recorder of its approval.	24216

(4) If the total amount of fees provided for in divisions	24217
(B), (E)(2), and (E)(3) of this section is less than eight	24218
dollars, a proposal requesting additional fees may be submitted to	24219
the board of county commissioners under division (E)(1) of this	24220
section, as long as the total amount of the fees in divisions (B)	24221
and (E)(2), (3), and (4) of this section that are to be credited	24222
to the county recorder's technology fund does not exceed eight	24223
dollars, and the proposal is for a number of years, not to exceed	24224
five.	24225

(5) When a proposal is approved by the board of county	24226
commissioners under division (E) of this section, the county	24227
recorder's technology fund ~~moneys to supplement the equipment~~	24228
~~needs of the county recorder."~~is established in the county	24229
treasury, and, beginning on the following first day of January,	24230
the fees approved shall be deposited in that fund.	24231

~~(D)~~(F) The acquisition orand maintenance of ~~micrographic or~~	24232
imaging and other technological equipment, and ~~the acquisition of~~	24233
other associated expenses and contract services therefor, shall be	24234
specifically governed by sections 307.80 to 307.806, 307.84 to	24235
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	24236
section 5705.41 of the Revised Code.	24237

(G) If the use of the county recorder's technology fund for	24238
the purposes of division (A)(3) of this section includes	24239
associated expenses for personnel, the use of the fund for	24240
personnel shall be strictly confined to personnel directly related	24241
to imaging and other technological equipment, and any compensation	24242
increases for those personnel shall not exceed the average of the	24243
annual aggregate percentage increase or decrease in the	24244
compensation fixed by the board of county commissioners for their	24245
employees, and for the officers in section 325.27 of the Revised	24246
Code. Use of the fund for compensation bonuses, or for recognizing	24247
outstanding employee performance in a manner described in section	24248
325.25 of the Revised Code, is prohibited.	24249

(H) If a county is under a fiscal caution under section	24250
118.025 of the Revised Code, or is under a fiscal watch or fiscal	24251
emergency as defined in section 118.01 of the Revised Code, the	24252
board of county commissioners, notwithstanding sections 5705.14 to	24253
5705.16 of the Revised Code, may transfer from the county	24254
recorder's technology fund any moneys the board deems necessary.	24255

Sec. 317.36. (A) The county recorder shall collect the low-	24256
and moderate-income housing trust fund fee as specified in	24257
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	24258
4509.60, ~~5111.022~~5164.56, 5310.15, 5719.07, 5727.56, 5733.18,	24259
5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of	24260
any housing trust fund fee the recorder is authorized to collect	24261
is equal to the amount of any base fee the recorder is authorized	24262
to collect for services. The housing trust fund fee shall be	24263
collected in addition to the base fee.	24264

(B) The recorder shall certify the amounts collected as	24265
housing trust fund fees pursuant to division (A) of this section	24266
into the county treasury as housing trust fund fees to be paid to	24267
the treasurer of state pursuant to section 319.63 of the Revised	24268
Code.	24269

Sec. 321.35. Upon demand of the treasurer of state while	24270
holding a school district, county, township, or municipal	24271
corporation obligation purchased under division (G)(1) of section	24272
135.143 of the Revised Code, in making any payment under section	24273
321.31 or 321.34 of the Revised Code, the county auditor shall	24274
withhold funds of the school district, county, township, or	24275
municipal corporation in an amount sufficient to pay debt service	24276
charges on that obligation and any of the fee for the agreement to	24277
purchase that obligation, less any amount deposited for that	24278
purpose under division (D) of section 3317.18 of the Revised Code.	24279
The county auditor shall promptly pay to the treasurer of state	24280
the amount withheld.	24281

Sec. 321.44. (A)(1) A county probation services fund shall	24282
be established in the county treasury of each county. The fund a	24283
county establishes under this division shall contain all moneys	24284
paid to the treasurer of the county under section 2951.021 of the	24285
Revised Code for deposit into the fund. The moneys paid into the	24286
fund shall be deposited by the treasurer of the county into the	24287
appropriate account established under divisions (A)(1)(a) to (d)	24288
of this section. Separate accounts shall be maintained in	24289
accordance with the following criteria in the fund a county	24290
establishes under this division:	24291

(a) If a county department of probation is established in the	24292
county, a separate account shall be maintained in the fund for the	24293
county department of probation.	24294

(b) If the judges of the court of common pleas of the county	24295
have affiliated with the judges of the court of common pleas of	24296
one or more other counties and have established a multicounty	24297
department of probation, a separate account shall be maintained in	24298
the fund for the multicounty department of probation.	24299

(c) If a department of probation is established in a	24300
county-operated municipal court that has jurisdiction within the	24301
county, a separate account shall be maintained in the fund for the	24302
municipal court department of probation.	24303

(d) If a county department of probation has not been	24304
established in the county and if the court of common pleas of the	24305
county, pursuant to section 2301.32 of the Revised Code, has	24306
entered into an agreement with the adult parole authority under	24307
which the court may place defendants under a community control	24308
sanction in charge of the authority, a separate account shall be	24309
maintained in the fund for the court of common pleas.	24310

(2) For any county, if a county department of probation is	24311
established in the county or if a department of probation is	24312
established in a county-operated municipal court that has	24313
jurisdiction within the county, the board of county commissioners	24314
of the county shall appropriate to the county department of	24315
probation or municipal court department of probation all money	24316
that is contained in the department's account in the county	24317
probation services fund established in the county for use only for	24318
specialized staff, purchase of equipment, purchase of services,	24319
reconciliation programs for offenders and victims, other treatment	24320
programs, including ~~alcohol and drug~~community addiction ~~programs~~	24321
services providers certified under section ~~3793.06~~5119.36 of the	24322
Revised Code, determined to be appropriate by the chief probation	24323
officer of the department of probation, and other similar expenses	24324
related to placing offenders under a community control sanction.	24325

For any county, if the judges of the court of common pleas of	24326
the county have affiliated with the judges of the court of common	24327
pleas of one or more other counties and have established a	24328
multicounty department of probation to serve the counties, the	24329
board of county commissioners of the county shall appropriate and	24330
the county treasurer shall transfer to the multicounty probation	24331
services fund established for the multicounty department of	24332
probation under division (B) of this section all money that is	24333
contained in the multicounty department of probation account in	24334
the county probation services fund established in the county for	24335
use in accordance with that division.	24336

For any county, if a county department of probation has not	24337
been established in the county and if the court of common pleas of	24338
the county, pursuant to section 2301.32 of the Revised Code, has	24339
entered into an agreement with the adult parole authority under	24340
which the court may place defendants under a community control	24341
sanction in charge of the authority, the board of county	24342
commissioners of the county shall appropriate to the court all	24343
money that is contained in the court's account in the county	24344
probation services fund established in the county for use only for	24345
specialized staff, purchase of equipment, purchase of services,	24346
reconciliation programs for offenders and victims, other treatment	24347
and recovery support services, including properly credentialed	24348
treatment and recovery support services program providers or those	24349
certified under section ~~3793.06~~5119.36 of the Revised Code,	24350
determined to be appropriate by the authority, and other similar	24351
uses related to placing offenders under a community control	24352
sanction.	24353

(B) If the judges of the courts of common pleas of two or	24354
more counties have established a multicounty department of	24355
probation, a multicounty probation services fund shall be	24356
established in the county treasury of the county whose treasurer,	24357
in accordance with section 2301.27 of the Revised Code, is	24358
designated by the judges of the courts of common pleas as the	24359
treasurer to whom monthly supervision fees are to be appropriated	24360
and transferred under division (A)(2) of this section for deposit	24361
into the fund. The fund shall contain all moneys that are paid to	24362
the treasurer of any member county under section 2951.021 of the	24363
Revised Code for deposit into the county's probation services fund	24364
and that subsequently are appropriated and transferred to the	24365
multicounty probation services fund under division (A)(2) of this	24366
section. The board of county commissioners of the county in which	24367
the multicounty probation services fund is established shall	24368
appropriate the money contained in that fund to the multicounty	24369
department of probation, for use only for specialized staff,	24370
purchase of equipment, purchase of services, reconciliation	24371
programs for offenders and victims, other treatment programs,	24372
including ~~alcohol and drug~~community addiction ~~programs~~services	24373
providers certified under section ~~3793.06~~5119.36 of the Revised	24374
Code, determined to be appropriate by the chief probation officer,	24375
and for other similar expenses related to placing offenders under	24376
a community control sanction.	24377

(C) Any money in a county or multicounty probation services	24378
fund at the end of a fiscal year shall not revert to the general	24379
fund of the county but shall be retained in the fund.	24380

(D) As used in this section:

24381

(1) "County-operated municipal court" has the same meaning as	24382
in section 1901.03 of the Revised Code.	24383

(2) "Multicounty department of probation" means a probation	24384
department established under section 2301.27 of the Revised Code	24385
to serve more than one county.	24386

(3) "Community control sanction" has the same meaning as in	24387
section 2929.01 of the Revised Code.	24388

Sec. 323.158. (A) As used in this section~~, "qualifying~~:

24389

(1) "Qualifying county" means a county to which both of the	24390
following apply:	24391

~~(1)~~(a) At least one major league professional athletic team	24392
~~plays~~played its home schedule in the county for the season	24393
beginning in 1996;	24394

~~(2)~~(b) The majority of the electors of the county, voting at	24395
an election held in 1996, approved a referendum on a resolution of	24396
the board of county commissioners levying a sales and use tax	24397
under sections 5739.026 and 5741.023 of the Revised Code.	24398

(2) "Eligible homestead" means a homestead that is not an	24399
ineligible homestead.	24400

(3) "Ineligible homestead" means either of the following:

24401

(a) A homestead against which foreclosure or other	24402
proceedings to take possession of the homestead have been	24403
initiated based on a mortgage, lien, or security interest on or in	24404
the homestead. A homestead is an "ineligible homestead" for any	24405
tax year during which such proceedings against the homestead	24406
remain pending.	24407

(b) A homestead that is listed on the delinquent tax list. A	24408
homestead is an "ineligible homestead" for any tax year during	24409
which the homestead is listed on the delinquent tax list.	24410

(B) On or before December 31, 1996, the board of county	24411
commissioners of a qualifying county may adopt a resolution under	24412
this section. The resolution shall grant a partial real property	24413
tax exemption to each eligible homestead in the county that also	24414
receives the tax reduction under division (B) of section 323.152	24415
of the Revised Code. The partial exemption shall take the form of	24416
the reduction by a specified percentage each year of the real	24417
property taxes on the eligible homestead. The resolution shall	24418
specify the percentage, which may be any amount. The board may	24419
include in the resolution a condition that the partial exemption	24420
will apply only upon the receipt by the county of additional	24421
revenue from a source specified in the resolution. The resolution	24422
shall specify the tax year in which the partial exemption first	24423
applies, which may be the tax year in which the resolution takes	24424
effect as long as the resolution takes effect before the county	24425
auditor certifies the tax duplicate of real and public utility	24426
property for that tax year to the county treasurer. Upon adopting	24427
the resolution, the board shall certify copies of it to the county	24428
auditor and the tax commissioner.	24429

(C) After complying with sections 319.301, 319.302, and	24430
323.152 of the Revised Code, the county auditor shall reduce the	24431
remaining sum to be levied against aan eligible homestead by the	24432
percentage called for in the resolution adopted under division (B)	24433
of this section. The auditor shall certify the amount of taxes	24434
remaining after the reduction to the county treasurer for	24435
collection as the real property taxes charged and payable on the	24436
eligible homestead.	24437

(D) For each tax year, the county auditor shall certify to	24438
the board of county commissioners the total amount by which real	24439
property taxes were reduced under this section. At the time of	24440
each semi-annual settlement of real property taxes between the	24441
county auditor and county treasurer, the board of county	24442
commissioners shall pay to the auditor one-half of that total	24443
amount. Upon receipt of the payment, the county auditor shall	24444
distribute it among the various taxing districts in the county as	24445
if it had been levied, collected, and settled as real property	24446
taxes. The board of county commissioners shall make the payment	24447
from the county general fund or from any other county revenue that	24448
may be used for that purpose. In making the payment, the board may	24449
use revenue from taxes levied by the county to provide additional	24450
general revenue under sections 5739.021 and 5741.021 of the	24451
Revised Code or to provide additional revenue for the county	24452
general fund under sections 5739.026 and 5741.023 of the Revised	24453
Code.	24454

(E) The partial exemption under this section shall not	24455
directly or indirectly affect the determination of the principal	24456
amount of notes that may be issued in anticipation of a tax levy	24457
or the amount of securities that may be issued for any permanent	24458
improvements authorized in conjunction with a tax levy.	24459

(F) At any time, the board of county commissioners may adopt	24460
a resolution amending or repealing the partial exemption granted	24461
under this section. Upon adopting a resolution amending or	24462
repealing the partial exemption, the board shall certify copies of	24463
it to the county auditor and the tax commissioner. The resolution	24464
shall specify the tax year in which the amendment or repeal first	24465
applies, which may be the tax year in which the resolution takes	24466
effect as long as the resolution takes effect before the county	24467
auditor certifies the tax duplicate of real and public utility	24468
property for that tax year to the county treasurer.	24469

(G) If a person files a late application for a tax reduction	24470
under division (B) of section 323.152 of the Revised Code for the	24471
preceding year for an eligible homestead, and is granted the	24472
reduction, the person also shall receive the reduction under this	24473
section for the preceding year. The county auditor shall credit	24474
the amount of the reduction against the person's current year	24475
taxes, and shall include the amount of the reduction in the amount	24476
certified to the board of county commissioners under division (D)	24477
of this section.	24478

Sec. 329.04. (A) The county department of job and family	24479
services shall have, exercise, and perform the following powers	24480
and duties:	24481

(1) Perform any duties assigned by the state department of	24482
job and family services or department of medicaid regarding the	24483
provision of public family services, including the provision of	24484
the following services to prevent or reduce economic or personal	24485
dependency and to strengthen family life:	24486

(a) Services authorized by a Title IV-A program, as defined	24487
in section 5101.80 of the Revised Code;	24488

(b) Social services authorized by Title XX of the "Social	24489
Security Act" and provided for by section 5101.46 or 5101.461 of	24490
the Revised Code;	24491

(c) If the county department is designated as the child	24492
support enforcement agency, services authorized by Title IV-D of	24493
the "Social Security Act" and provided for by Chapter 3125. of the	24494
Revised Code. The county department may perform the services	24495
itself or contract with other government entities, and, pursuant	24496
to division (C) of section 2301.35 and section 2301.42 of the	24497
Revised Code, private entities, to perform the Title IV-D	24498
services.	24499

(d) Duties assigned under section ~~5111.98~~5162.031 of the	24500
Revised Code.	24501

(2) Administer disability financial assistance, as required	24502
by the state department of job and family services under section	24503
5115.03 of the Revised Code;	24504

(3) Administer burials insofar as the administration of	24505
burials was, prior to September 12, 1947, imposed upon the board	24506
of county commissioners and if otherwise required by state law;	24507

(4) Cooperate with state and federal authorities in any	24508
matter relating to family services and to act as the agent of such	24509
authorities;	24510

(5) Submit an annual account of its work and expenses to the	24511
board of county commissioners and to the state department of job	24512
and family services and department of medicaid at the close of	24513
each fiscal year;	24514

(6) Exercise any powers and duties relating to family	24515
services duties or workforce development activities imposed upon	24516
the county department of job and family services by law, by	24517
resolution of the board of county commissioners, or by order of	24518
the governor, when authorized by law, to meet emergencies during	24519
war or peace;	24520

(7) ~~Determine the eligibility for medical assistance of~~	24521
~~recipients of aid under Title XVI of the "Social Security Act";~~	24522

~~(8) If assigned by the state director of job and family~~	24523
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	24524
~~determine applicants' eligibility for health assistance under the~~	24525
~~children's health insurance program part II or part III;~~	24526

~~(9)~~ Enter into a plan of cooperation with the board of county	24527
commissioners under section 307.983, consult with the board in the	24528
development of the transportation work plan developed under	24529
section 307.985, establish with the board procedures under section	24530
307.986 for providing services to children whose families relocate	24531
frequently, and comply with the contracts the board enters into	24532
under sections 307.981 and 307.982 of the Revised Code that affect	24533
the county department;	24534

~~(10)~~(8) For the purpose of complying with a grant agreement	24535
the board of county commissioners enters into under sections	24536
307.98 and 5101.21 of the Revised Code, exercise the powers and	24537
perform the duties the grant agreement assigns to the county	24538
department;	24539

~~(11)~~(9) If the county department is designated as the	24540
workforce development agency, provide the workforce development	24541
activities specified in the contract required by section 330.05 of	24542
the Revised Code.	24543

(B) The powers and duties of a county department of job and	24544
family services are, and shall be exercised and performed, under	24545
the control and direction of the board of county commissioners.	24546
The board may assign to the county department any power or duty of	24547
the board regarding family services duties and workforce	24548
development activities. If the new power or duty necessitates the	24549
state department of job and family services or department of	24550
medicaid changing its federal cost allocation plan, the county	24551
department may not implement the power or duty unless the United	24552
States department of health and human services approves the	24553
changes.	24554

Sec. 329.051. The county department of job and family	24555
services shall make voter registration applications as prescribed	24556
by the secretary of state under section 3503.10 of the Revised	24557
Code available to persons who are applying for, receiving	24558
assistance from, or participating in any of the following:	24559

(A) The disability financial assistance program established	24560
under Chapter 5115. of the Revised Code;	24561

(B) The ~~medical assistance~~medicaid program ~~established under~~	24562
~~Chapter 5111. of the Revised Code~~;	24563

(C) The Ohio works first program established under Chapter	24564
5107. of the Revised Code;	24565

(D) The prevention, retention, and contingency program	24566
established under Chapter 5108. of the Revised Code.	24567

Sec. 329.06. (A) Except as provided in division (C) of this	24568
section and section 6301.08 of the Revised Code, the board of	24569
county commissioners shall establish a county family services	24570
planning committee. The board shall appoint a member to represent	24571
the county department of job and family services; an employee in	24572
the classified civil service of the county department of job and	24573
family services, if there are any such employees; and a member to	24574
represent the public. The board shall appoint other individuals to	24575
the committee in such a manner that the committee's membership is	24576
broadly representative of the groups of individuals and the public	24577
and private entities that have an interest in the family services	24578
provided in the county. The board shall make appointments in a	24579
manner that reflects the ethnic and racial composition of the	24580
county. The following groups and entities may be represented on	24581
the committee:	24582

(1) Consumers of family services;

24583

(2) The public children services agency;

24584

(3) The child support enforcement agency;

24585

(4) The county family and children first council;

24586

(5) Public and private colleges and universities;

24587

(6) Public entities that provide family services, including	24588
boards of health, boards of education, the county board of	24589
developmental disabilities, and the board of alcohol, drug	24590
addiction, and mental health services that serves the county;	24591

(7) Private nonprofit and for-profit entities that provide	24592
family services in the county or that advocate for consumers of	24593
family services in the county, including entities that provide	24594
services to or advocate for victims of domestic violence;	24595

(8) Labor organizations;

24596

(9) Any other group or entity that has an interest in the	24597
family services provided in the county, including groups or	24598
entities that represent any of the county's business, urban, and	24599
rural sectors.	24600

(B) The county family services planning committee shall do	24601
all of the following:	24602

(1) Serve as an advisory body to the board of county	24603
commissioners with regard to the family services provided in the	24604
county, including assistance under Chapters 5107. and 5108. of the	24605
Revised Code, publicly funded child care under Chapter 5104. of	24606
the Revised Code, and social services provided under section	24607
5101.46 of the Revised Code;	24608

(2) At least once a year, review and analyze the county	24609
department of job and family services' implementation of the	24610
programs established under Chapters 5107. and 5108. of the Revised	24611
Code. In its review, the committee shall use information available	24612
to it to examine all of the following:	24613

(a) Return of assistance groups to participation in either	24614
program after ceasing to participate;	24615

(b) Teen pregnancy rates among the programs' participants;

24616

(c) The other types of assistance the programs' participants	24617
receive, including medicaid ~~under Chapter 5111. of the Revised~~	24618
~~Code~~, publicly funded child care under Chapter 5104. of the	24619
Revised Code, supplemental nutrition assistance program benefits	24620
under section 5101.54 of the Revised Code, and energy assistance	24621
under Chapter 5117. of the Revised Code;	24622

(d) Other issues the committee considers appropriate.

24623

The committee shall make recommendations to the board of	24624
county commissioners and county department of job and family	24625
services regarding the committee's findings.	24626

(3) Conduct public hearings on proposed county profiles for	24627
the provision of social services under section 5101.46 of the	24628
Revised Code;	24629

(4) At the request of the board, make recommendations and	24630
provide assistance regarding the family services provided in the	24631
county;	24632

(5) At any other time the committee considers appropriate,	24633
consult with the board and make recommendations regarding the	24634
family services provided in the county. The committee's	24635
recommendations may address the following:	24636

(a) Implementation and administration of family service	24637
programs;	24638

(b) Use of federal, state, and local funds available for	24639
family service programs;	24640

(c) Establishment of goals to be achieved by family service	24641
programs;	24642

(d) Evaluation of the outcomes of family service programs;

24643

(e) Any other matter the board considers relevant to the	24644
provision of family services.	24645

(C) If there is a committee in existence in a county on	24646
October 1, 1997, that the board of county commissioners determines	24647
is capable of fulfilling the responsibilities of a county family	24648
services planning committee, the board may designate the committee	24649
as the county's family services planning committee and the	24650
committee shall serve in that capacity.	24651

Sec. 329.14. (A) An individual whose household income does	24652
not exceed two hundred per cent of the federal poverty line is	24653
eligible to participate in an individual development account	24654
program established by the county department of job and family	24655
services of the county in which the individual resides. An	24656
eligible individual seeking to be a participant in the program	24657
shall enter into an agreement with the fiduciary organization	24658
administering the program. The agreement shall specify the terms	24659
and conditions of uses of funds deposited, financial documentation	24660
required to be maintained by the participant, expectations and	24661
responsibilities of the participant, and services to be provided	24662
by the fiduciary organization.	24663

(B) A participant may deposit earned income, as defined in 26	24664
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	24665
organization may deposit into the account an amount not exceeding	24666
four times the amount deposited by the participant except that a	24667
fiduciary organization may not, pursuant to an agreement with an	24668
employer, deposit an amount into an account held by a participant	24669
who is employed by the employer. An account may have no more than	24670
ten thousand dollars in it at any time.	24671

(C) Notwithstanding eligibility requirements established in	24672
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	24673
Code, to the extent permitted by federal statutes and regulations,	24674
money in an individual development account, including interest, is	24675
exempt from consideration in determining whether the participant	24676
or a member of the participant's assistance group is eligible for	24677
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	24678
Code and the amount of assistance the participant or assistance	24679
group is eligible to receive.	24680

(D)(1) Except as provided in division (D)(2) of this section,	24681
an individual development account program participant may use	24682
money in the account only for the following purposes:	24683

(a) Postsecondary educational expenses paid directly from the	24684
account to an eligible education institution or vendor;	24685

(b) Qualified acquisition expenses of a principal residence,	24686
as defined in 26 U.S.C. 1034, as amended, paid directly from the	24687
account to the person or government entity to which the expenses	24688
are due;	24689

(c) Qualified business capitalization expenses made in	24690
accordance with a qualified business plan that has been approved	24691
by a financial institution or by a nonprofit microenterprise	24692
program having demonstrated business expertise and paid directly	24693
from the account to the person to whom the expenses are due.	24694

(2) A fiduciary organization shall permit a participant to	24695
withdraw money deposited by the participant if it is needed to	24696
deal with a personal emergency of the participant or a member of	24697
the participant's family or household. Withdrawal shall result in	24698
the loss of any matching funds in an amount equal to the amount of	24699
the withdrawal.	24700

(3) Regardless of the reason for the withdrawal, a withdrawal	24701
from an individual development account may be made only with the	24702
approval of the fiduciary organization.	24703

Sec. 333.01. As used in this chapter:

24704

(A) "County sales and use tax" means the tax levied by a	24705
county under division (A) of section 5739.021 or division (A) of	24706
section 5741.021 of the Revised Code that is returned or	24707
distributed to the county under section 5739.21 or 5741.03 of the	24708
Revised Code.	24709

(B) "Impact facility" means a permanent structure, including	24710
all interior or exterior square footage used for educational or	24711
exhibition activities, that meets all of the following criteria:	24712

(1) It is used for the sale of tangible personal property or	24713
services;	24714

(2) At least ten per cent of the facility's total square	24715
footage is dedicated to educational or exhibition activities;	24716

(3) At least ~~fifty~~thirty million dollars is invested in	24717
land, buildings, infrastructure, and equipment for the facility at	24718
the site of the facility over a period of not more than two years;	24719

(4) An annualized average of at least one hundred fifty new	24720
full-time equivalent positions will be created and maintained at	24721
the facility;	24722

(5) More than fifty per cent of the visitors to the facility	24723
are reasonably anticipated to live at least ~~one hundred~~fifty	24724
miles from the facility.	24725

(C) "Qualifying investment" means a person's investment in	24726
land, buildings, infrastructure, and equipment for creating an	24727
impact facility.	24728

(D) "Full-time equivalent positions" means the total number	24729
of hours worked at a facility in a work week, divided by forty	24730
hours per week.	24731

Sec. 333.02. Before June 1, ~~2007~~2015, a board of county	24732
commissioners of a county that levies a county sales and use tax	24733
may enter into an agreement with any person that proposes to	24734
construct an impact facility in the county to provide payments to	24735
that person of up to seventy-five per cent of the county sales and	24736
use tax collected on each retail sale made by that person at the	24737
facility, for a term of up to ten years, or until the person's	24738
qualifying investment in the impact facility has been realized	24739
through the payments, whichever occurs first.	24740

Sec. 333.03. (A) A person seeking to enter into an agreement	24741
and obtain payments under section 333.02 of the Revised Code shall	24742
provide both of the following to the board of county	24743
commissioners:	24744

(1) A certification by the person's chief financial officer,	24745
or the equivalent if that position does not exist, that the	24746
criteria listed in division (B) of section 333.01 of the Revised	24747
Code will be met; and	24748

(2) An application on a form or in a format acceptable to the	24749
board that describes the proposed impact facility, including the	24750
projected level of investment in and new jobs to be created at the	24751
facility, the rationale used for determining that more than fifty	24752
per cent of the facility's visitors live at least ~~one hundred~~	24753
fifty miles from the facility, the types of activities to be	24754
conducted at the facility, the projected levels of sales to occur	24755
at the facility, a calculation of the facility's square footage	24756
that will be dedicated to educational or exhibition activities,	24757
and any other information the board of county commissioners	24758
reasonably requests about the expected operations of the facility.	24759

(B) The board of county commissioners shall request the	24760
director of development services to certify that the proposed	24761
facility meets the criteria for an impact facility listed in	24762
division (B) of section 333.01 of the Revised Code. The board of	24763
county commissioners may, but need not, make findings of fact that	24764
a proposed facility meets the criteria for an impact facility	24765
listed in division (B) of section 333.01 of the Revised Code	24766
before or after requesting the certification. If the director of	24767
development services certifies a proposed facility as an impact	24768
facility under this section, and if the board makes such findings,	24769
the findings and certification are conclusive and not subject to	24770
reopening at any time.	24771

Sec. 333.04. (A) After review of the items submitted under	24772
division (A) of section 333.03 of the Revised Code, and after	24773
receipt of the certification from the director of development	24774
services under division (B) of that section, a board of county	24775
commissioners, before June 1, ~~2007~~2015, may enter into an	24776
agreement under section 333.02 of the Revised Code, provided that	24777
the board has determined all of the following:	24778

(1) The proposed impact facility is economically sound;

24779

(2) Construction of the proposed impact facility has not	24780
begun prior to the day the agreement is entered into;	24781

(3) The impact facility will benefit the county by increasing	24782
employment opportunities and strengthening the local and regional	24783
economy; and	24784

(4) Receiving payments from the board of county commissioners	24785
is a major factor in the person's decision to go forward with	24786
construction of the impact facility.	24787

(B) An agreement entered into under this section shall	24788
include all of the following:	24789

(1) A description of the impact facility that is the subject	24790
of the agreement, including the existing investment level, if any,	24791
the proposed amount of investments, the scheduled starting and	24792
completion dates for the facility, and the number and type of	24793
full-time equivalent positions to be created at the facility;	24794

(2) The percentage of the county sales and use tax collected	24795
at the impact facility that will be used to make payments to the	24796
person entering into the agreement;	24797

(3) The term of the payments and the first calendar quarter	24798
in which the person may apply for a payment under section 333.06	24799
of the Revised Code;	24800

(4) A requirement that the amount of payments made to the	24801
person during the term established under division (B)(3) of this	24802
section shall not exceed the person's qualifying investment, and	24803
that all payments cease when that amount is reached;	24804

(5) A requirement that the person maintain operations at the	24805
impact facility for at least the term established under division	24806
(B)(3) of this section;	24807

(6) A requirement that the person annually certify to the	24808
board of county commissioners, on or before a date established by	24809
the board in the agreement, the level of investment in, the number	24810
of employees and type of full-time equivalent positions at, and	24811
the amount of county sales and use tax collected and remitted to	24812
the tax commissioner or treasurer of state from sales made at, the	24813
facility;	24814

(7) A provision stating that the creation of the proposed	24815
impact facility does not involve the relocation of ~~more than ten~~	24816
any full-time equivalent positions ~~and two million dollars in~~	24817
~~taxable assets~~or any tangible personal property to the impact	24818
facility from another facility owned by the person, or a related	24819
member of the person, that is located in another political	24820
subdivision of this state, other than the political subdivision in	24821
which the impact facility is or will be located;	24822

(8) ~~A provision stating that the person will not relocate~~	24823
~~more than ten full-time equivalent positions and two million~~	24824
~~dollars in taxable assets to the impact facility from another~~	24825
~~facility in another political subdivision of this state during the~~	24826
~~term of the payments without the written approval of the director~~	24827
~~of development;~~	24828

~~(9)~~ A detailed explanation of how the person determined that	24829
more than fifty per cent of the visitors to the facility live at	24830
least ~~one hundred~~fifty miles from the facility.	24831

(C) ~~For purposes of this section, the transfer of a full-time~~	24832
~~equivalent position or taxable asset from another political~~	24833
~~subdivision in this state to the political subdivision in which~~	24834
~~the impact facility is or will be located shall be considered a~~	24835
~~relocation, unless the person refills the full-time equivalent~~	24836
~~position, or replaces the taxable asset with an asset of equal or~~	24837
~~greater taxable value, within six months after the transfer. The~~	24838
~~person may not receive a payment under this chapter for any year~~	24839
~~in which more than ten relocations occurred without the written~~	24840
~~consent of the board of county commissioners~~No payment may be	24841
made under this chapter to a person that is found to be in	24842
violation of the provision described in division (B)(7) of this	24843
section.	24844

Sec. 333.05. (A) IfExcept as otherwise provided in this	24845
division, if a person fails to meet or comply with any provision	24846
of an agreement entered into under section 333.02 of the Revised	24847
Code, the board of county commissioners may amend the agreement to	24848
reduce the percentage or term, or both, of the payments the person	24849
is entitled to receive under the agreement. The reduction shall	24850
commence in the calendar quarter immediately following the	24851
calendar quarter in which the board amends the agreement. If a	24852
person fails to comply with the provision described in division	24853
(B)(7) of section 333.04 of the Revised Code, no payments may be	24854
made under this chapter to that person after the person is found	24855
to be in violation.	24856

(B) A board of county commissioners shall submit to the	24857
department of development and to the tax commissioner a copy of	24858
each agreement entered into under section 333.02 of the Revised	24859
Code and any modifications to an agreement within thirty days	24860
after finalization or modification of the agreement.	24861

Sec. 339.02. (A) As used in this section, "area served by	24862
the hospital" means the geographic area, whether or not included	24863
within the county, from which a county hospital regularly draws	24864
patients.	24865

(B) Unless a board of county hospital trustees for the county	24866
is in existence in accordance with this section, such board shall	24867
be created pursuant to this section after the board of county	24868
commissioners first determines by resolution to establish a county	24869
hospital. Copies of such resolution shall be certified to the	24870
probate judge of the county senior in point of service and to the	24871
judge, other than a probate judge, of the court of common pleas of	24872
the county senior in point of service. The board of county	24873
commissioners together with the probate judge of the county senior	24874
in point of service and the judge of the court of common pleas of	24875
the county senior in point of service shall, within ten days after	24876
such certification, appoint a board of county hospital trustees.	24877

(C) In making appointments to a board of county hospital	24878
trustees, ~~all~~both of the following apply with respect to the	24879
individuals who may be appointed:	24880

(1) Members shall be electors and representative of the area	24881
served by the hospital, except that not more than two members may	24882
be electors of the area served by the hospital that is outside the	24883
county in which the hospital is located.	24884

(2) ~~In no case shall more than one-half of the members be~~	24885
~~independents or be members of any one political party.~~	24886

~~(3)~~ A physician may serve as a member, including a physician	24887
who is authorized to admit and treat patients at the hospital,	24888
except as follows:	24889

(a) Not more than two physicians may serve as members at the	24890
same time;	24891

(b) No physician who is employed by the hospital may serve as	24892
a member.	24893

(D) A board of county hospital trustees shall be composed of	24894
six members, unless the board of county commissioners determines	24895
that the board of trustees can more effectively function with	24896
eight or ten members in which case there may be eight or ten	24897
members, as designated by the board of county commissioners.	24898

(E) With respect to the initial appointment of members to a	24899
board of county hospital trustees, all of the following apply:	24900

(1) When the board is composed of six members, their terms of	24901
office shall be one for one year, one for two years, one for three	24902
years, one for four years, one for five years, and one for six	24903
years from the first Monday of March thereafter.	24904

(2) When the board is composed of eight members, their terms	24905
of office shall be one for one year, one for two years, two for	24906
three years, one for four years, one for five years, and two for	24907
six years from the first Monday of March thereafter.	24908

(3) When the board is composed of ten members, their terms of	24909
office shall be two for one year, one for two years, two for three	24910
years, two for four years, one for five years, and two for six	24911
years from the first Monday of March thereafter.	24912

(F) Except as provided in division (G)(2) of this section,	24913
all of the following apply with respect to vacancies on a board of	24914
county hospital trustees:	24915

(1) Annually, on the first Monday of March, the board of	24916
county commissioners together with the probate judge of the county	24917
senior in point of service and the judge of the court of common	24918
pleas of the county senior in point of service shall appoint or	24919
reappoint for a term of six years a sufficient number of members	24920
to replace those members whose terms have expired.	24921

(2) The appointing authority shall fill a vacancy not later	24922
than six months after the vacancy occurs. If the vacancy remains	24923
unfilled on that date, the remaining members of the board, by	24924
majority vote, shall appoint an individual to fill the vacancy.	24925

(3) The appointing authority may fill a vacancy by seeking	24926
nominations from a selection committee consisting of one county	24927
commissioner designated by the board of county commissioners, the	24928
chair of the board of county hospital trustees, and the county	24929
hospital administrator. If nominations for filling a vacancy are	24930
sought from a selection committee, the committee shall nominate at	24931
least three individuals for the vacancy. The appointing authority	24932
may fill the vacancy by appointing one of the nominated	24933
individuals or by appointing another individual selected by the	24934
appointing authority.	24935

(4) Any member appointed to fill a vacancy occurring prior to	24936
the expiration date of the term for which the member's predecessor	24937
was appointed shall hold office as a member for the remainder of	24938
that term.	24939

(G)(1) The board of county commissioners together with the	24940
probate judge senior in point of service and the judge of the	24941
court of common pleas senior in point of service in any county in	24942
which a board of county hospital trustees has been appointed may	24943
expand the number of members to eight or to ten. When the number	24944
of members is increased to eight, one shall be appointed for a	24945
three-year and one for a six-year term from the first Monday of	24946
March thereafter. When the number of members is increased from six	24947
to ten, the term for additional members shall be: one for one	24948
year, one for three years, one for four years, and one for six	24949
years from the first Monday of March thereafter. When the number	24950
of members is increased from eight to ten, the term for additional	24951
members shall be: one for one year and one for four years from the	24952
first Monday of March thereafter. Thereafter except as provided in	24953
division (G)(2) of this section, upon the expiration of the term	24954
of office of each member, the vacancy shall be filled in the	24955
manner specified in division (F) of this section.	24956

(2) The board of county commissioners together with the	24957
probate judge senior in point of service and the judge of the	24958
court of common pleas senior in point of service may reduce the	24959
number of members of a board of county hospital trustees to eight	24960
or to six. The reduction shall occur on expiration of a member's	24961
term of office, at which time no appointment shall be made. While	24962
the board of county commissioners and the judges are in the	24963
process of reducing the number of members, the board of county	24964
hospital trustees may consist of nine or seven members for one	24965
year.	24966

(H) Any member of a board of county hospital trustees may be	24967
removed from office by the appointing authority for neglect of	24968
duty, misconduct, or malfeasance in office. The member shall be	24969
informed in writing of the charges and afforded an opportunity for	24970
a hearing before the appointing authority. The appointing	24971
authority shall not remove a member from office for political	24972
reasons.	24973

(I) The board of county commissioners may provide members of	24974
a board of county hospital trustees ~~shall~~a stipend for their	24975
service or require the members to serve without compensation~~, but~~.	24976
The members shall be allowed their necessary and reasonable	24977
expenses incurred in the performance of their duties, including	24978
the cost of their participation in any continuing education	24979
programs or developmental programs that the members consider	24980
necessary. Allowable stipends and expenses shall be paid out of	24981
the funds provided for the county hospital.	24982

(J) The persons selected to be members of a board of county	24983
hospital trustees shall forthwith be notified, by mail, of their	24984
appointment. When a board is initially appointed, the notice shall	24985
state a time, not more than ten days later, when such board shall	24986
meet at the county seat of such county to organize. On the date	24987
stated, the board shall meet and organize.	24988

(K) A board of county hospital trustees shall organize by	24989
electing one of its number as chairperson and such other officers	24990
as specified in the board's rules. Four members of a six-member	24991
board constitute a quorum, five members constitute a quorum of an	24992
eight-member board, and six members constitute a quorum of a	24993
ten-member board.	24994

A board of county hospital trustees shall hold meetings at	24995
least ~~once a month~~quarterly, shall adopt necessary rules of	24996
procedure, and shall keep a record of its proceedings and a strict	24997
account of all its receipts, disbursements, and expenditures. On	24998
completion of the construction and equipping of a county hospital,	24999
the board shall file such account with the board of county	25000
commissioners and make final settlement with the board of county	25001
commissioners for the construction and equipping of the hospital.	25002

Sec. 339.05. (A) A board of county hospital trustees may	25003
adopt, annually, bidding procedures and purchasing or leasing	25004
policies ~~for services~~ provided through a joint purchasing	25005
arrangement sponsored by a nonprofit organization, ~~and~~ for	25006
services, supplies, and equipment, that are routinely used in the	25007
operation of the hospital and that cost in excess of the amount	25008
specified in section 307.86 of the Revised Code as the amount	25009
above which purchases must be competitively bid. If a board of	25010
county hospital trustees adopts those policies and procedures, and	25011
if the board of county commissioners approves them, the board of	25012
county hospital trustees may follow those policies and procedures	25013
in lieu of following the competitive bidding procedures of	25014
sections 307.86 to 307.92 of the Revised Code.	25015

(B) Notwithstanding section 307.86 of the Revised Code, the	25016
board of county hospital trustees is exempt from competitive	25017
bidding as required under that section if the board, by a	25018
unanimous vote of its members, makes a determination that a real	25019
and present emergency exists, and either of the following applies:	25020

(1) The estimated cost is less than one hundred thousand	25021
dollars.	25022

(2) There is actual physical damage to structures or	25023
equipment.	25024

The board shall enter the determination of emergency and the	25025
reasons for it in the minutes of its proceedings.	25026

For purposes of this section, a vote is unanimous if all	25027
members of a board of county hospital trustees are present, or a	25028
lesser number of members of the board if not all members are	25029
present, provided that the number of members present constitutes a	25030
quorum.	25031

Whenever a contract of purchase, lease, or construction is	25032
exempted from competitive bidding because the estimated cost is	25033
less than one hundred thousand dollars, but the estimated cost is	25034
fifty thousand dollars or more, the board shall solicit informal	25035
estimates from not fewer than three persons who could perform the	25036
contract, before awarding the contract. With regard to each such	25037
contract, the board shall maintain a record of the informal	25038
estimates, including the name of each person from whom an informal	25039
estimate was solicited. The board shall maintain the record for	25040
the longer of at least one year after the contract is awarded or	25041
an amount of time required by the federal government.	25042

Sec. 339.06. (A) The board of county hospital trustees, upon	25043
completion of construction or leasing and equipping of a county	25044
hospital, shall assume and continue the operation of the hospital.	25045

(B) The board of county hospital trustees shall have the	25046
entire management and control of the county hospital. The board	25047
may in writing delegate its management and control of the county	25048
hospital to the administrator of the county hospital employed	25049
under section 339.07 of the Revised Code. The board shall	25050
establish such rules for the hospital's government, management,	25051
control, and the admission of persons as are expedient.	25052

(C) The board of county hospital trustees has control of the	25053
property of the county hospital, including management and disposal	25054
of surplus property other than real estate or an interest in real	25055
estate.	25056

(D) With respect to the use of funds by the board of county	25057
hospital trustees and its accounting for the use of funds, all of	25058
the following apply:	25059

(1) The board of county hospital trustees has control of all	25060
funds used in the county hospital's operation, including moneys	25061
received from the operation of the hospital, moneys appropriated	25062
for its operation by the board of county commissioners, and moneys	25063
resulting from special levies submitted by the board of county	25064
commissioners as provided for in section 5705.22 of the Revised	25065
Code.	25066

(2) Of the funds used in the county hospital's operation, all	25067
or part of any amount determined not to be necessary to meet	25068
current demands on the hospital may be invested by the board of	25069
county hospital trustees or its designee in any classifications of	25070
securities and obligations eligible for deposit or investment of	25071
county moneys pursuant to section 135.35 of the Revised Code,	25072
subject to the approval of the board's written investment policy	25073
by the county investment advisory committee established pursuant	25074
to section 135.341 of the Revised Code.	25075

(3) Annually, not later than sixty days before the end of the	25076
fiscal year used by the county hospital, the board of county	25077
hospital trustees shall submit its proposed budget for the ensuing	25078
fiscal year to the board of county commissioners for that board's	25079
review. The board of county commissioners shall review and approve	25080
the proposed budget by the first day of the fiscal year to which	25081
the budget applies. If the board of county commissioners has not	25082
approved the budget by the first day of the fiscal year to which	25083
the budget applies, the budget is deemed to have been approved by	25084
the board on the first day of that fiscal year.	25085

(4) The board of county hospital trustees shall not expend	25086
funds received from taxes collected pursuant to any tax levied	25087
under section 5705.22 of the Revised Code or the amount	25088
appropriated to the county hospital by the board of county	25089
commissioners in the annual appropriation measure for the county	25090
until its budget for the applicable fiscal year is approved in	25091
accordance with division (C)(3) of this section. At any time the	25092
amount received from those sources differs from the amount shown	25093
in the approved budget, the board of county commissioners may	25094
require the board of county hospital trustees to revise the county	25095
hospital budget accordingly.	25096

(5) Funds under the control of the board of county hospital	25097
trustees may be disbursed by the board, consistent with the	25098
approved budget, for the uses and purposes of the county hospital;	25099
for the replacement of necessary equipment; for the acquisition,	25100
leasing, or construction of permanent improvements to county	25101
hospital property; or for making a donation authorized by division	25102
(E) of this section. Each disbursement of funds shall be made on a	25103
voucher signed by signatories designated and approved by the board	25104
of county hospital trustees.	25105

(6) The head of a board of county hospital trustees is not	25106
required to file an estimate of contemplated revenue and	25107
expenditures for the ensuing fiscal year under section 5705.28 of	25108
the Revised Code unless the board of county commissioners levies a	25109
tax for the county hospital, or such a tax is proposed, or the	25110
board of county hospital trustees desires that the board of county	25111
commissioners make an appropriation to the county hospital for the	25112
ensuing fiscal year.	25113

(7) All moneys appropriated by the board of county	25114
commissioners or from special levies by the board of county	25115
commissioners for the operation of the hospital, when collected	25116
shall be paid to the board of county hospital trustees on a	25117
warrant of the county auditor and approved by the board of county	25118
commissioners.	25119

(8) The board of county hospital trustees shall provide for	25120
the conduct of an annual financial audit of the county hospital.	25121
Not later than thirty days after it receives the final report of	25122
an annual financial audit, the board shall file a copy of the	25123
report with the board of county commissioners.	25124

(E) For the public purpose of improving the health, safety,	25125
and general welfare of the community, the board of county hospital	25126
trustees may donate to a nonprofit entity any of the following:	25127

(1) Moneys and other financial assets determined not to be	25128
necessary to meet current demands on the hospital;	25129

(2) Surplus hospital property, including supplies, equipment,	25130
office facilities, and other property that is not real estate or	25131
an interest in real estate;	25132

(3) Services rendered by the hospital.

25133

(F)(1) For purposes of division (F)(2) of this section:

25134

(a) "Bank" has the same meaning as in section 1101.01 of the	25135
Revised Code.	25136

(b) "Savings and loan association" has the same meaning as in	25137
section 1151.01 of the Revised Code.	25138

(c) "Savings bank" has the same meaning as in section 1161.01	25139
of the Revised Code.	25140

(2) The board of county hospital trustees may enter into a	25141
contract for a secured line of credit with a bank, savings and	25142
loan association, or savings bank if the contract meets all of the	25143
following requirements:	25144

(a) The term of the contract does not exceed one year, except	25145
that the contract may provide for the automatic renewal of the	25146
contract for up to four additional one-year periods if, on the	25147
date of automatic renewal, the aggregate outstanding draws	25148
remaining unpaid under the secured line of credit do not exceed	25149
fifty per cent of the maximum amount that can be drawn under the	25150
secured line of credit.	25151

(b) The contract provides that the bank, savings and loan	25152
association, or savings bank shall not commence a civil action	25153
against the board of county commissioners, any member of the	25154
board, or the county to recover the principal, interest, or any	25155
charges or other amounts that remain outstanding on the secured	25156
line of credit at the time of any default by the board of county	25157
hospital trustees.	25158

(c) The contract provides that no assets other than those of	25159
the county hospital can be used to secure the line of credit.	25160

(d) The terms and conditions of the contract comply with all	25161
state and federal statutes and rules governing the extension of a	25162
secured line of credit.	25163

(3) Any obligation incurred by a board of county hospital	25164
trustees under division (F)(2) of this section is an obligation of	25165
that board only and not a general obligation of the board of	25166
county commissioners or the county within the meaning of division	25167
(Q) of section 133.01 of the Revised Code.	25168

(4) Notwithstanding anything to the contrary in the Revised	25169
Code, the board of county hospital trustees may secure the line of	25170
credit authorized under division (F)(2) of this section by the	25171
grant of a security interest in any part or all of its tangible	25172
personal property and intangible personal property, including its	25173
deposit accounts, accounts receivable, or both.	25174

(5) No board of county hospital trustees shall at any time	25175
have more than one secured line of credit under division (F)(2) of	25176
this section.	25177

(G) The board of county hospital trustees shall establish a	25178
schedule of charges for all services and treatment rendered by the	25179
county hospital. It may provide for the free treatment in the	25180
hospital of soldiers, sailors, and marines of the county, under	25181
such conditions and rules as it prescribes.	25182

(H) The board of county hospital trustees may designate the	25183
amounts and forms of insurance protection to be provided, and the	25184
board of county commissioners shall assist in obtaining such	25185
protection. The expense of providing the protection shall be paid	25186
from hospital operating funds.	25187

(I) The board of county hospital trustees may authorize a	25188
county hospital and each of its units, hospital board members,	25189
designated hospital employees, and medical staff members to be a	25190
member of and maintain membership in any local, state, or national	25191
group or association organized and operated for the promotion of	25192
the public health and welfare or advancement of the efficiency of	25193
hospital administration and in connection therewith to use tax	25194
funds for the payment of dues and fees and related expenses but	25195
nothing in this section prohibits the board from using receipts	25196
from hospital operation, other than tax funds, for the payment of	25197
such dues and fees.	25198

(J) The following apply to the board of county hospital	25199
trustees in relation to its employees and the employees of the	25200
county hospital:	25201

(1) The board shall adopt the wage and salary schedule for	25202
employees.	25203

(2) The board may employ the hospital's administrator	25204
pursuant to section 339.07 of the Revised Code, and the	25205
administrator may employ individuals for the hospital in	25206
accordance with that section.	25207

(3) The board may employ assistants as necessary to perform	25208
its clerical work, superintend properly the construction of the	25209
county hospital, and pay the hospital's expenses. Such employees	25210
may be paid from funds provided for the county hospital.	25211

(4) The board may hire, by contract or as salaried employees,	25212
such management consultants, accountants, attorneys, engineers,	25213
architects, construction managers, and other professional advisors	25214
as it determines are necessary and desirable to assist in the	25215
management of the programs and operation of the county hospital.	25216
Such professional advisors may be paid from county hospital	25217
operating funds.	25218

(5) Notwithstanding section 325.19 of the Revised Code, the	25219
board may grant to employees any fringe benefits the board	25220
determines to be customary and usual in the nonprofit hospital	25221
field in its community, including, but not limited to:	25222

(a) Additional vacation leave with full pay for full-time	25223
employees, including full-time hourly rate employees, after	25224
service of one year;	25225

(b) Vacation leave and holiday pay for part-time employees on	25226
a pro rata basis;	25227

(c) Leave with full pay due to death in the employee's	25228
immediate family, which shall not be deducted from the employee's	25229
accumulated sick leave;	25230

(d) Premium pay for working on holidays listed in section	25231
325.19 of the Revised Code;	25232

(e) Moving expenses for new employees;

25233

(f) Discounts on hospital supplies and services.

25234

(6) The board may provide holiday leave by observing Martin	25235
Luther King day, Washington-Lincoln day, Columbus day, and	25236
Veterans' day on days other than those specified in section 1.14	25237
of the Revised Code.	25238

(7) The board may grant to employees the insurance benefits	25239
authorized by section 339.16 of the Revised Code.	25240

(8) Notwithstanding section 325.19 of the Revised Code, the	25241
board may grant to employees, including hourly rate employees,	25242
such personal holidays as the board determines to be customary and	25243
usual in the hospital field in its community.	25244

(9) The board may provide employee recognition awards and	25245
hold employee recognition dinners.	25246

(10) The board may grant to employees the recruitment and	25247
retention benefits specified under division (K) of this section.	25248

(K) Notwithstanding sections 325.191 and 325.20 of the	25249
Revised Code, the board of county hospital trustees may provide,	25250
without the prior authorization of the board of county	25251
commissioners, scholarships for education in the health care	25252
professions, tuition reimbursement, and other staff development	25253
programs to enhance the skills of health care professionals for	25254
the purpose of recruiting or retaining qualified employees.	25255

The board of county hospital trustees may pay reasonable	25256
expenses for recruiting or retaining physicians and other	25257
appropriate health care practitioners.	25258

(L) The board of county hospital trustees may retain counsel	25259
and institute legal action in its own name for the collection of	25260
delinquent accounts. The board may also employ any other lawful	25261
means for the collection of delinquent accounts.	25262

Sec. 339.07. (A) The board of county hospital trustees shall	25263
provide for the administration of the county hospital by directly	25264
employing a hospital administrator or by entering into a contract	25265
for the management of the hospital under which an administrator is	25266
provided. When an administrator is employed directly, the board	25267
shall adopt a job description delineating the administrator's	25268
powers and duties and the board may pay the administrator's salary	25269
and other benefits from funds provided for the hospital.	25270

(B) During the construction and equipping of the hospital,	25271
the administrator shall act in an advisory capacity to the board	25272
of county hospital trustees. After the hospital is completed, the	25273
administrator shall serve as the chief executive officer and shall	25274
carry out the administration of the county hospital according to	25275
the policies set forth by the board and any written delegation.	25276

The administrator shall administer the county hospital, make	25277
reports, and take any other action that the administrator	25278
determines is necessary for the operation of the hospital.	25279

At the end of each fiscal year, the administrator shall	25280
submit to the board a complete financial statement showing the	25281
receipts, revenues, and expenditures in detail for the entire	25282
fiscal year.	25283

The administrator shall ensure that the hospital has such	25284
physicians, nurses, and other employees as are necessary for the	25285
proper care, control, and management of the county hospital and	25286
its patients. The physicians, nurses, and other employees may be	25287
suspended or removed by the administrator at any time the welfare	25288
of the hospital warrants suspension or removal. The administrator	25289
may obtain physicians, nurses, and other employees by direct	25290
employment, entering into contracts, or granting authority to	25291
practice in the hospital. Persons employed directly shall be in	25292
the unclassified civil service, pursuant to section 124.11 of the	25293
Revised Code.	25294

Sec. 340.01. (A) As used in this chapter, "addiction,"	25295
"addiction services," "alcohol and drug addiction services," ~~and~~	25296
"community addiction services provider," "community mental health	25297
services provider," "~~alcohol and drug addiction programs~~gambling	25298
addiction services," "mental health services," and "mental	25299
illness" have the same meanings as in section ~~3793.01~~5119.01 of	25300
the Revised Code.	25301

(B) An alcohol, drug addiction, and mental health service	25302
district shall be established in any county or combination of	25303
counties having a population of at least fifty thousand to provide	25304
~~alcohol and drug~~ addiction services and mental health services.	25305
With the approval of the ~~directors~~director of ~~mental health and~~	25306
~~alcohol and drug addiction services~~mental health and addiction	25307
services, any county or combination of counties having a	25308
population of less than fifty thousand may establish such a	25309
district. Districts comprising more than one county shall be known	25310
as joint-county districts.	25311

The board of county commissioners of any county participating	25312
in a joint-county district may submit a resolution requesting	25313
withdrawal from the district together with a comprehensive plan or	25314
plans that are in compliance with rules adopted by the director of	25315
~~mental health~~mental health and addiction services under ~~section~~	25316
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	25317
~~the department of alcohol and drug addiction services under~~	25318
~~section 3793.05 of the Revised Code~~, and that provide for the	25319
equitable adjustment and division of all services, assets,	25320
property, debts, and obligations, if any, of the joint-county	25321
district to the board of alcohol, drug addiction, and mental	25322
health services, to the boards of county commissioners of each	25323
county in the district, and to the directors. No county	25324
participating in a joint-county service district may withdraw from	25325
the district without the consent of the ~~directors~~director of	25326
~~mental health and alcohol and drug addiction services~~mental	25327
health and addiction services nor earlier than one year after the	25328
submission of such resolution unless all of the participating	25329
counties agree to an earlier withdrawal. Any county withdrawing	25330
from a joint-county district shall continue to have levied against	25331
its tax list and duplicate any tax levied by the district during	25332
the period in which the county was a member of the district until	25333
such time as the levy expires or is renewed or replaced.	25334

Sec. 340.011. (A) This chapter shall be interpreted to	25335
accomplish all of the following:	25336

(1) Establish a unified system of treatment for mentally ill	25337
persons and persons with addictions;	25338

(2) Establish a community support system available for every	25339
alcohol, drug addiction, and mental health service district;	25340

(3) Protect the personal liberty of mentally ill persons so	25341
that they may be treated in the least restrictive environment;	25342

(4) Encourage the development of high quality, cost	25343
effective, and comprehensive services, including culturally	25344
sensitive services;	25345

(5) Foster the development of comprehensive community mental	25346
health services, based on recognized local needs, especially for	25347
severely mentally disabled children, adolescents, and adults;	25348

(6) Ensure that services provided meet minimum standards	25349
established by the director of ~~mental health or the department of~~	25350
~~alcohol and drug addiction services~~mental health and addiction	25351
services;	25352

(7) Promote the delivery of high quality and cost-effective	25353
~~alcohol and drug~~ addiction and mental health services;	25354

(8) Promote the participation of ~~consumers of~~persons	25355
receiving mental health services and ~~alcohol and drug~~ addiction	25356
services in the planning, delivery, and evaluation of these	25357
services.	25358

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	25359
Revised Code shall be construed as requiring a board of county	25360
commissioners to provide resources beyond the total amount set	25361
forth in a ~~community~~budget and statement of services to be	25362
provided by the alcohol, drug addiction, and mental health ~~plan~~	25363
services board, as developed and submitted under section ~~340.03~~	25364
340.08 of the Revised Code~~, to provide the services listed in~~	25365
~~section 340.09 of the Revised Code, and nothing in those chapters~~	25366
~~shall be construed as requiring a board of county commissioners to~~	25367
~~provide resources beyond the total amount set forth in a plan for~~	25368
~~alcohol and drug addiction services, prepared and submitted in~~	25369
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	25370
~~to provide alcohol and drug addiction services~~.	25371

Sec. 340.02. ~~As used in this section, "mental health~~	25372
~~professional" means a person who is qualified to work with~~	25373
~~mentally ill persons, pursuant to standards established by the~~	25374
~~director of mental health under section 5119.611 of the Revised~~	25375
~~Code.~~	25376

(A) For each alcohol, drug addiction, and mental health	25377
service district, there shall be appointed a board of alcohol,	25378
drug addiction, and mental health services consisting of eighteen	25379
members or fourteen members. Should the board of alcohol, drug	25380
addiction, and mental health services elect to remain at eighteen	25381
members, as provided under section 340.02 of the Revised Code as	25382
it existed immediately prior to the date of this amendment, the	25383
board of alcohol, drug addiction, and mental health services and	25384
the board of county commissioners shall not be required to take	25385
any action. Should the board of alcohol, drug addiction, and	25386
mental health services elect a recommendation to become a	25387
fourteen-member board, that recommendation must be approved by the	25388
board of county commissioners of the county in which the alcohol,	25389
drug addiction, and mental health district is located in order for	25390
the transition to a fourteen-member board to occur. Not later than	25391
September 30, 2013, each board of alcohol, drug addiction, and	25392
mental health services wishing to become a fourteen-member board	25393
shall notify the board of county commissioners of that	25394
recommendation. Failure of the board of county commissioners to	25395
take action within thirty days after receipt of the recommendation	25396
shall be deemed agreement by the board of county commissioners to	25397
transition to a fourteen-member board of alcohol, drug addiction,	25398
and mental health services. Should the board of county	25399
commissioners reject the recommendation, the board of county	25400
commissioners shall adopt a resolution stating that rejection	25401
within thirty days after receipt of the recommendation. Upon	25402
adoption of the resolution, the board of county commissioners	25403
shall meet with the board of alcohol, drug addiction, and mental	25404
health services to discuss the matter. After the meeting, the	25405
board of county commissioners shall notify the department of	25406
mental health and addiction services of its election not later	25407
than January 1, 2014. In a joint-county district, a majority of	25408
the boards of county commissioners must not reject the	25409
recommendation of a joint-county board to become a fourteen-member	25410
board in order for the transition to a fourteen-member board to	25411
occur. Should the joint-county district have an even number of	25412
counties, and the boards of county commissioners of these counties	25413
tie in terms of whether or not to accept the recommendation of the	25414
alcohol, drug addiction, and mental health services board, the	25415
recommendation of the alcohol, drug addiction, and mental health	25416
service board to become a fourteen-member board shall prevail. The	25417
election shall be final. Failure to provide notice of its election	25418
to the department on or before January 1, 2014, shall constitute	25419
an election to continue to operate as an eighteen-member board. If	25420
an existing board provides timely notice of its election to	25421
transition to operate as a fourteen-member board, the number of	25422
board members may decline from eighteen to fourteen by attrition	25423
as current members' terms expire. However, the composition of the	25424
board must reflect the requirements set forth in this section for	25425
fourteen-member boards. ~~Nine~~For all boards, half of the members	25426
shall be interested in mental health ~~programs and facilities~~	25427
services and ~~nine other~~half of the members shall be interested	25428
in alcohol or, drug, or gambling addiction ~~programs~~services.	25429
All members shall be residents of the service district. The	25430
membership shall, as nearly as possible, reflect the composition	25431
of the population of the service district as to race and sex.	25432

~~The~~(B) For boards operating as eighteen-member boards, the	25433
director of ~~mental health~~mental health and addiction services	25434
shall appoint ~~four~~eight members of the board~~, the director of~~	25435
~~alcohol and drug addiction services shall appoint four members,~~	25436
and the board of county commissioners shall appoint ten members.	25437
For boards operating as fourteen-member boards, the director of	25438
mental health and addiction services shall appoint six members of	25439
the board and the board of county commissioners shall appoint	25440
eight members. In a joint-county district, the county	25441
commissioners of each participating county shall appoint members	25442
in as nearly as possible the same proportion as that county's	25443
population bears to the total population of the district, except	25444
that at least one member shall be appointed from each	25445
participating county.	25446

(C) The director of ~~mental health~~mental health and addiction	25447
services shall ensure that at least one member of the board is a	25448
~~psychiatrist and one member of the board is a mental health~~	25449
~~professional. If the appointment of a psychiatrist is not~~	25450
~~possible, as determined under rules adopted by the director, a~~	25451
~~licensed physician may be appointed in place of the psychiatrist.~~	25452
~~If the appointment of a licensed physician is not possible, the~~	25453
~~director of mental health may waive the requirement that the~~	25454
~~psychiatrist or licensed physician be a resident of the service~~	25455
~~district and appoint a psychiatrist or licensed physician from a~~	25456
~~contiguous county. The director of mental health shall ensure that~~	25457
clinician with experience in the delivery of mental health	25458
services, at least one member of the board is a person who has	25459
received or is receiving mental health services paid for by public	25460
funds ~~and~~, at least one member of the board is a parent or other	25461
relative of such a person.	25462

~~The director of alcohol and drug addiction services shall~~	25463
~~ensure that at least one member of the board is a professional in~~	25464
~~the field of alcohol or drug addiction services and one member of~~	25465
~~the board is an advocate for persons receiving treatment for~~	25466
~~alcohol or drug addiction. Of the members appointed by the~~	25467
~~director of alcohol and drug addiction services~~, at least one	25468
member of the board is a clinician with experience in the delivery	25469
of addiction services, at least one ~~shall be~~member of the board	25470
is a person who has received or is receiving ~~services for alcohol~~	25471
~~or drug~~ addiction services paid for by public funds, and at least	25472
one ~~shall be~~member of the board is a parent or other relative of	25473
such a person. A single member who meets both qualifications may	25474
fulfill the requirement for a clinician with experience in the	25475
delivery of mental health services and a clinician with experience	25476
in the delivery of addiction services.	25477

(D) No member or employee of a board of alcohol, drug	25478
addiction, and mental health services shall serve as a member of	25479
the board of any ~~agency~~provider with which the board of alcohol,	25480
drug addiction, and mental health services has entered into a	25481
contract for the provision of services or facilities. No member of	25482
a board of alcohol, drug addiction, and mental health services	25483
shall be an employee of any ~~agency~~provider with which the board	25484
has entered into a contract for the provision of services or	25485
facilities~~, unless the board member's employment duties with the~~	25486
~~agency consist of providing, only outside the district the board~~	25487
~~serves, services for which the medicaid program pays~~. No person	25488
shall be an employee of a board and such ~~an agency~~a provider	25489
unless the board and ~~agency~~provider both agree in writing.	25490

(E) No person shall serve as a member of the board of	25491
alcohol, drug addiction, and mental health services whose spouse,	25492
child, parent, brother, sister, grandchild, stepparent, stepchild,	25493
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	25494
daughter-in-law, brother-in-law, or sister-in-law serves as a	25495
member of the board of any ~~agency~~provider with which the board of	25496
alcohol, drug addiction, and mental health services has entered	25497
into a contract for the provision of services or facilities. No	25498
person shall serve as a member or employee of the board whose	25499
spouse, child, parent, brother, sister, stepparent, stepchild,	25500
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	25501
daughter-in-law, brother-in-law, or sister-in-law serves as a	25502
county commissioner of a county or counties in the alcohol, drug	25503
addiction, and mental health service district.	25504

(F) Each year each board member shall attend at least one	25505
inservice training session provided or approved by the department	25506
of ~~mental health or the department of alcohol and drug addiction~~	25507
~~services~~mental health and addiction services. ~~Such training~~	25508
~~sessions shall not be considered to be regularly scheduled~~	25509
~~meetings of the board.~~	25510

~~Each~~(G) For boards operating as eighteen-member boards, each	25511
member shall be appointed for a term of four years, commencing the	25512
first day of July, except that one-third of initial appointments	25513
to a newly established board, and to the extent possible to	25514
expanded boards, shall be for terms of two years, one-third of	25515
initial appointments shall be for terms of three years, and	25516
one-third of initial appointments shall be for terms of four	25517
years. For boards operating as fourteen-member boards, each member	25518
shall be appointed for a term of four years, commencing the first	25519
day of July, except that four of the initial appointments to a	25520
newly established board, and to the extent possible to expanded	25521
boards, shall be for terms of two years, five initial appointments	25522
shall be for terms of three years, and five initial appointments	25523
shall be for terms of four years. No member shall serve more than	25524
two consecutive four-year terms under the same appointing	25525
authority. A member may serve for three consecutive terms under	25526
the same appointing authority only if one of the terms is for less	25527
than two years. A member who has served two consecutive four-year	25528
terms or three consecutive terms totaling less than ten years is	25529
eligible for reappointment by the same appointing authority one	25530
year following the end of the second or third term, respectively.	25531

When a vacancy occurs, appointment for the expired or	25532
unexpired term shall be made in the same manner as an original	25533
appointment. The appointing authority shall be notified by	25534
certified mail of any vacancy and shall fill the vacancy within	25535
sixty days following that notice.	25536

Any member of the board may be removed from office by the	25537
appointing authority for neglect of duty, misconduct, or	25538
malfeasance in office, and shall be removed by the appointing	25539
authority if the member is barred by this section from serving as	25540
a board member. The member shall be informed in writing of the	25541
charges and afforded an opportunity for a hearing. Upon the	25542
absence of a member within one year from either four board	25543
meetings or from two board meetings without prior notice, the	25544
board shall notify the appointing authority, which may vacate the	25545
appointment and appoint another person to complete the member's	25546
term.	25547

Members of the board shall serve without compensation, but	25548
shall be reimbursed for actual and necessary expenses incurred in	25549
the performance of their official duties, as defined by rules of	25550
the ~~departments~~department of ~~mental health and alcohol and drug~~	25551
~~addiction services~~mental health and addiction services.	25552

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	25553
health service district ~~comprised of a county with a population of~~	25554
~~two hundred fifty thousand or more on October 10, 1989, the board~~	25555
~~of county commissioners shall, within thirty days of October 10,~~	25556
~~1989, establish an alcohol and drug addiction services board as~~	25557
~~the entity responsible for providing alcohol and drug addiction~~	25558
~~services in the county, unless, prior to that date, the board~~	25559
~~adopts a resolution providing that the entity responsible for~~	25560
~~providing the services is a board of alcohol, drug addiction, and~~	25561
~~mental health services. If~~where the board of county commissioners	25562
~~establishes~~has established an alcohol and drug addiction services	25563
board, the community mental health board established under former	25564
section 340.02 of the Revised Code shall serve as the entity	25565
responsible for providing mental health services in the county. A	25566
community mental health board has all the powers, duties, and	25567
obligations of a board of alcohol, drug addiction, and mental	25568
health services with regard to mental health services. An alcohol	25569
and drug addiction services board has all the powers, duties, and	25570
obligations of a board of alcohol, drug addiction, and mental	25571
health services with regard to ~~alcohol and drug~~ addiction	25572
services. Any provision of the Revised Code that refers to a board	25573
of alcohol, drug addiction, and mental health services with regard	25574
to mental health services also refers to a community mental health	25575
board and any provision that refers to a board of alcohol, drug	25576
addiction, and mental health services with regard to alcohol and	25577
drug addiction services also refers to an alcohol and drug	25578
addiction services board.	25579

An alcohol and drug addiction services board shall consist of	25580
eighteen members or fourteen members, ~~six of whom~~at the election	25581
of the board. Not later than January 1, 2014, each alcohol and	25582
drug addiction services board shall notify the department of	25583
mental health and addiction services of its election to operate as	25584
an eighteen-member board or to operate as a fourteen-member board.	25585
The election shall be final. Failure to provide notice of its	25586
election to the department on or before January 1, 2014, shall	25587
constitute an election to continue to operate as an	25588
eighteen-member board. If an existing board provides timely notice	25589
of its election to operate as a fourteen-member board, the number	25590
of board members may decline from eighteen to fourteen by	25591
attrition as current members' terms expire. However, the	25592
composition of the board must reflect the requirements set forth	25593
in this section and in applicable provisions of section 340.02 of	25594
the Revised Code for fourteen-member boards. For boards operating	25595
as eighteen-member boards, six members shall be appointed by the	25596
director of ~~alcohol and drug addiction services~~mental health and	25597
addiction services and twelve ~~of whom~~members shall be appointed	25598
by the board of county commissioners. ~~Of the members appointed by~~	25599
~~the~~The director~~, one shall be~~of mental health and addiction	25600
services shall ensure that at least one member of the board is a	25601
person who has received or is receiving services for alcohol or,	25602
drug, or gambling addiction, at least one ~~shall be~~member is a	25603
parent or relative of such a person, and at least one ~~shall be~~	25604
member is a ~~professional in the field of alcohol or drug~~	25605
clinician with experience in the delivery of addiction services,	25606
~~and one shall be an advocate for persons receiving treatment for~~	25607
~~alcohol or drug addiction~~. The membership of the board shall, as	25608
nearly as possible, reflect the composition of the population of	25609
the service district as to race and sex. Members shall be	25610
residents of the service district and shall be interested in	25611
alcohol ~~and~~, drug, or gambling addiction services. Requirements	25612
for membership, including prohibitions against certain family and	25613
business relationships, and terms of office shall be the same as	25614
those for members of boards of alcohol, drug addiction, and mental	25615
health services.	25616

A community mental health board shall consist of eighteen	25617
members or fourteen members, at the election of the board. Not	25618
later than January 1, 2014, each community mental health board	25619
shall notify the department of mental health and addiction	25620
services of its election to operate as an eighteen-member board or	25621
to operate as a fourteen-member board. The election shall be	25622
final. Failure to provide notice of its election to the department	25623
on or before January 1, 2014, shall constitute an election to	25624
continue to operate as an eighteen-member board. If an existing	25625
board provides timely notice of its election to operate as a	25626
fourteen-member board, the number of board members may decline	25627
from eighteen to fourteen by attrition as current members' terms	25628
expire. However, the composition of the board must reflect the	25629
requirements set forth in this section and in applicable	25630
provisions of section 340.02 of the Revised Code for	25631
fourteen-member boards. For boards operating as eighteen-member	25632
boards, six ~~of whom~~members shall be appointed by the director of	25633
~~mental health~~mental health and addiction services and twelve of	25634
~~whom~~members shall be appointed by the board of county	25635
commissioners. ~~Of the members appointed by the~~The director~~, one~~	25636
~~shall be~~of mental health and addiction services shall ensure that	25637
at least one member of the board is a person who has received or	25638
is receiving mental health services, at least one ~~shall be~~member	25639
is a parent or relative of such a person, and at least one ~~shall~~	25640
bemember is a ~~psychiatrist or a physician, and one shall be a~~	25641
clinician with experience in the delivery of mental health	25642
~~professional~~services. The membership of the board as nearly as	25643
possible shall reflect the composition of the population of the	25644
service district as to race and sex. Members shall be residents of	25645
the service district and shall be interested in mental health	25646
services. Requirements for membership, including prohibitions	25647
against certain family and business relationships, and terms of	25648
office shall be the same as those for members of boards of	25649
alcohol, drug addiction, and mental health services.	25650

(B) ~~If a board of county commissioners subject to division~~	25651
~~(A) of this section did not adopt a resolution providing for a~~	25652
~~board of alcohol, drug addiction, and mental health services, the~~	25653
~~board of county commissioners may establish such a board in~~	25654
~~accordance with the following procedures:~~	25655

~~(1) Not later than January 1, 2007, the board of county~~	25656
~~commissioners shall adopt a resolution expressing its intent to~~	25657
~~establish a board of alcohol, drug addiction, and mental health~~	25658
~~services.~~	25659

~~(2) After adopting a resolution under division (B)(1) of this~~	25660
~~section, the board of county commissioners shall instruct the~~	25661
~~county's community mental health board and alcohol and drug~~	25662
~~addiction services board to prepare a report on the feasibility,~~	25663
~~process, and proposed plan to establish a board of alcohol, drug~~	25664
~~addiction, and mental health services. The board of county~~	25665
~~commissioners shall specify the date by which the report must be~~	25666
~~submitted to the board for its review.~~	25667

~~(3) After reviewing the report prepared under division (B)(2)~~	25668
~~of this section, the board may adopt a final resolution~~	25669
~~establishing a board of alcohol, drug addiction, and mental health~~	25670
~~services. A final resolution establishing such a board shall be~~	25671
~~adopted not later than July 1, 2007.~~	25672

~~(C)~~(1) If a board of county commissioners subject to division	25673
(A) of this section did not adopt a final resolution providing for	25674
a board of alcohol, drug addiction, and mental health services ~~and~~	25675
~~did not establish such a board under division (B) of this section~~	25676
on or before July 1, 2007, the board of county commissioners may	25677
establish a board of alcohol, drug addiction, and mental health	25678
services on or after the effective date of this amendment. To	25679
establish the board, the board of county commissioners shall adopt	25680
a resolution providing for the board's establishment. The	25681
composition of the board, the procedures for appointing members,	25682
and all other matters related to the board and its members are	25683
subject to section 340.02 of the Revised Code, with the following	25684
exceptions:	25685

(a) For initial appointments to the board, the county's	25686
community mental health board and alcohol and drug addiction	25687
services board shall jointly recommend members of those boards for	25688
reappointment and shall submit the recommendations to the board of	25689
county commissioners~~, director of mental health,~~ and the director	25690
of ~~alcohol and drug addiction services~~mental health and addiction	25691
services.	25692

(b) To the greatest extent possible, the appointing	25693
authorities shall appoint the initial members from among the	25694
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	25695
section.	25696

(2) If a board of alcohol, drug addiction, and mental health	25697
services is established pursuant to division ~~(C)~~(B)(1) of this	25698
section, the board has the same rights, privileges, immunities,	25699
powers, and duties that were possessed by the county's community	25700
mental health board and alcohol and drug addiction services board.	25701
When the board is established, all property and obligations of the	25702
community mental health board and alcohol and drug addiction	25703
services board shall be transferred to the board of alcohol, drug	25704
addiction, and mental health services.	25705

Sec. 340.03. (A) Subject to rules issued by the director of	25706
~~mental health~~mental health and addiction services after	25707
consultation with relevant constituencies as required by division	25708
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	25709
~~regard to mental health services,~~ the board of alcohol, drug	25710
addiction, and mental health services shall:	25711

(1) Serve as the community addiction and mental health	25712
services planning agency for the county or counties under its	25713
jurisdiction, and in so doing it shall:	25714

(a) Evaluate the need for facilities and community addiction	25715
and mental health services;	25716

(b) In cooperation with other local and regional planning and	25717
funding bodies and with relevant ethnic organizations, assess the	25718
community addiction and mental health needs, evaluate strengths	25719
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	25720
~~operation of facilities and~~ community addiction and mental health	25721
services, including treatment and prevention. When the board sets	25722
priorities for the operation of addiction services, the board	25723
shall consult with the county commissioners of the counties in the	25724
board's service district regarding the services described in	25725
section 340.15 of the Revised Code and shall give priority to	25726
those services, except that those services shall not have a	25727
priority over services provided to pregnant women under programs	25728
developed in relation to the mandate established in section	25729
5119.17 of the Revised Code;	25730

(c) In accordance with guidelines issued by the director of	25731
~~mental health~~mental health and addiction services after	25732
consultation with board representatives, annually develop and	25733
submit to the department of ~~mental health~~mental health and	25734
addiction services a community addiction and mental health	25735
services plan listing community addiction and mental health	25736
services needs, including the needs of all residents of the	25737
district ~~now residing in state mental institutions and severely~~	25738
~~mentally disabled adults, children, and adolescents;~~currently	25739
receiving inpatient services in state-operated hospitals, the	25740
needs of other populations as required by state or federal law or	25741
programs, the needs of all children subject to a determination	25742
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	25743
priorities for facilities and community addiction and mental	25744
health services ~~that are or will be in operation or provided~~	25745
during the period for which the plan will be in ~~operation in the~~	25746
~~service district to meet such needs~~effect.	25747

In alcohol, drug addiction, and mental health service	25748
districts that have separate alcohol and drug addiction services	25749
and community mental health boards, the alcohol and drug addiction	25750
services board shall submit a community addiction services plan	25751
and the community mental health board shall submit a community	25752
mental health services plan. Each board shall consult with its	25753
counterpart in developing its plan and address the interaction	25754
between the local addiction services and mental health services	25755
systems and populations with regard to needs and priorities in	25756
developing its plan.	25757

~~The plan shall include, but not be limited to, a statement of~~	25758
~~which of the services listed in section 340.09 of the Revised Code~~	25759
~~the board intends to make available. The board must include crisis~~	25760
~~intervention services for individuals in an emergency situation in~~	25761
~~the plan and explain how the board intends to make such services~~	25762
~~available. The plan must also include a statement of the inpatient~~	25763
~~and community-based services the board proposes that the~~	25764
~~department operate, an assessment of the number and types of~~	25765
~~residential facilities needed, such other information as the~~	25766
~~department requests, and a budget for moneys the board expects to~~	25767
~~receive.~~ The department shall approve or disapprove the plan, in	25768
whole or in part, according to the criteria developed pursuant to	25769
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	25770
~~statement of approval or disapproval shall specify the inpatient~~	25771
~~and the community-based services that the department will operate~~	25772
~~for the board.~~ Eligibility for state and federal funding shall be	25773
contingent upon an approved plan or relevant part of a plan.	25774

If a board determines that it is necessary to amend a plan or	25775
~~an allocation request~~ that has been approved under this division	25776
~~(A)(1)(c) of this section~~, the board shall submit a proposed	25777
amendment to the director. The director may approve or disapprove	25778
all or part of the amendment. The director shall inform the board	25779
of the reasons for disapproval of all or part of an amendment and	25780
of the criteria that must be met before the amendment may be	25781
approved. The director shall provide the board an opportunity to	25782
present its case on behalf of the amendment. The director shall	25783
give the board a reasonable time in which to meet the criteria,	25784
and shall offer the board technical assistance to help it meet the	25785
criteria.	25786

The board shall ~~implement~~operate in accordance with the plan	25787
approved by the department.	25788

(d) Promote, arrange, and implement working agreements with	25789
social agencies, both public and private, and with judicial	25790
agencies.	25791

(2) Investigate, or request another agency to investigate,	25792
any complaint alleging abuse or neglect of any person receiving	25793
services from a community addiction or mental health ~~agency as~~	25794
~~defined in section 5122.01 of the Revised Code~~services provider	25795
certified under section 5119.36 of the Revised Code or alleging	25796
abuse or neglect of a ~~person~~resident receiving addiction services	25797
or with mental illness or severe mental disability residing in a	25798
residential facility licensed under section ~~5119.22~~5119.34 of the	25799
Revised Code. If the investigation substantiates the charge of	25800
abuse or neglect, the board shall take whatever action it	25801
determines is necessary to correct the situation, including	25802
notification of the appropriate authorities. Upon request, the	25803
board shall provide information about such investigations to the	25804
department.	25805

(3) For the purpose of section ~~5119.611~~5119.36 of the	25806
Revised Code, cooperate with the director of ~~mental health~~mental	25807
health and addiction services in visiting and evaluating whether	25808
the services of a community addiction or mental health ~~agency~~	25809
services provider satisfy the certification standards established	25810
by rules adopted under that section;	25811

(4) In accordance with criteria established under division	25812
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	25813
program audits that review and evaluate the quality,	25814
effectiveness, and efficiency of services provided through its	25815
community addiction and mental health ~~plan~~contracted services and	25816
submit its findings and recommendations to the department of	25817
~~mental health~~mental health and addiction services;	25818

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	25819
Code, review an application for a residential facility license and	25820
provide to the department of ~~mental health~~mental health and	25821
addiction services any information about the applicant or facility	25822
that the board would like the department to consider in reviewing	25823
the application;	25824

(6) ~~Audit, in accordance with rules adopted by the auditor of~~	25825
~~state pursuant to section 117.20 of the Revised Code, at least~~	25826
~~annually all programs and services provided under contract with~~	25827
~~the board. In so doing, the board may contract for or employ the~~	25828
~~services of private auditors. A~~Obtain a copy of the fiscal audit	25829
report of all provider organizations under contract with the	25830
board. The fiscal audit report shall be provided to the director	25831
of ~~mental health~~mental health and addiction services, the auditor	25832
of state, and the county auditor of each county in the board's	25833
district. Nothing in division (A)(6) of this section shall be	25834
interpreted as prohibiting or requiring the inclusion of	25835
provisions requiring performance audits or periodic fiscal reports	25836
in contracts negotiated between the board and services providers.	25837
However, any provision in such a contract requiring a performance	25838
audit or periodic fiscal report shall relate only to programs and	25839
services paid for by the board in question with local funds.	25840

(7) Recruit and promote local financial support for addiction	25841
and mental health ~~programs~~services from private and public	25842
sources;	25843

(8)(a) Enter into contracts with public and private	25844
facilities for the operation of facility services ~~included in the~~	25845
~~board's community mental health plan~~ and enter into contracts with	25846
public and private community addiction and mental health ~~agencies~~	25847
service providers for the provision of community addiction and	25848
mental health services ~~that are listed in section 340.09 of the~~	25849
~~Revised Code and included in the board's community mental health~~	25850
~~plan~~. The board may not contract with a residential facility	25851
subject to section 5119.34 of the Revised Code unless the facility	25852
is licensed by the director of mental health and addiction	25853
services and may not contract with a community addiction or mental	25854
health ~~agency~~services provider to provide community addiction or	25855
mental health services ~~included in the board's community mental~~	25856
~~health plan~~ unless the services are certified by the director of	25857
~~mental health~~mental health and addiction services under section	25858
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	25859
Revised Code does not apply to contracts entered into under this	25860
division. In contracting with a community addiction or mental	25861
health ~~agency~~services provider, a board shall consider the cost	25862
effectiveness of services provided by that ~~agency~~provider and	25863
the quality and continuity of care, and may review cost elements,	25864
including salary costs, of the services to be provided. A	25865
utilization review process ~~shall~~may be established as part of the	25866
contract for services entered into between a board and a community	25867
addiction or mental health ~~agency~~services provider. The board	25868
may establish this process in a way that is most effective and	25869
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	25870
~~with a community mental health agency or facility, as defined in~~	25871
~~section 5111.023 of the Revised Code, to provide services listed~~	25872
~~in division (B) of that section shall provide for the agency or~~	25873
~~facility to be paid in accordance with the contract entered into~~	25874
~~between the departments of job and family services and mental~~	25875
~~health under section 5111.91 of the Revised Code and any rules~~	25876
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	25877

If either the board or a facility or community addiction or	25878
mental health ~~agency~~services provider with which the board	25879
contracts under this division ~~(A)(8)(a) of this section~~ proposes	25880
not to renew the contract or proposes substantial changes in	25881
contract terms, the other party shall be given written notice at	25882
least one hundred twenty days before the expiration date of the	25883
contract. During the first sixty days of this one hundred	25884
twenty-day period, both parties shall attempt to resolve any	25885
dispute through good faith collaboration and negotiation in order	25886
to continue to provide services to persons in need. If the dispute	25887
has not been resolved sixty days before the expiration date of the	25888
contract, either party may notify the department of ~~mental health~~	25889
mental health and addiction services of the unresolved dispute.	25890
The director may require both parties to submit the dispute to a	25891
third party with the cost to be shared by the board and the	25892
facility or ~~community mental health agency~~provider. The third	25893
party shall issue to the board, the facility or ~~agency~~provider,	25894
and the department recommendations on how the dispute may be	25895
resolved twenty days prior to the expiration date of the contract,	25896
unless both parties agree to a time extension. The director shall	25897
adopt rules establishing the procedures of this dispute resolution	25898
process.	25899

(b) With the prior approval of the director of ~~mental health~~	25900
mental health and addiction services, a board may operate a	25901
facility or provide a community addiction or mental health service	25902
as follows, if there is no other qualified private or public	25903
facility or community addiction or mental health ~~agency~~services	25904
provider that is immediately available and willing to operate such	25905
a facility or provide the service:	25906

(i) In an emergency situation, any board may operate a	25907
facility or provide a community addiction or mental health service	25908
in order to provide essential services for the duration of the	25909
emergency;	25910

(ii) In a service district with a population of at least one	25911
hundred thousand but less than five hundred thousand, a board may	25912
operate a facility or provide a community addiction or mental	25913
health service for no longer than one year;	25914

(iii) In a service district with a population of less than	25915
one hundred thousand, a board may operate a facility or provide a	25916
community addiction or mental health service for no longer than	25917
one year, except that such a board may operate a facility or	25918
provide a community addiction or mental health service for more	25919
than one year with the prior approval of the director and the	25920
prior approval of the board of county commissioners, or of a	25921
majority of the boards of county commissioners if the district is	25922
a joint-county district.	25923

The director shall not give a board approval to operate a	25924
facility or provide a community addiction or mental health service	25925
under division (A)(8)(b)(ii) or (iii) of this section unless the	25926
director determines that it is not feasible to have the department	25927
operate the facility or provide the service.	25928

The director shall not give a board approval to operate a	25929
facility or provide a community addiction or mental health service	25930
under division (A)(8)(b)(iii) of this section unless the director	25931
determines that the board will provide greater administrative	25932
efficiency and more or better services than would be available if	25933
the board contracted with a private or public facility or	25934
community addiction or mental health ~~agency~~services provider.	25935

The director shall not give a board approval to operate a	25936
facility previously operated by a person or other government	25937
entity unless the board has established to the director's	25938
satisfaction that the person or other government entity cannot	25939
effectively operate the facility or that the person or other	25940
government entity has requested the board to take over operation	25941
of the facility. The director shall not give a board approval to	25942
provide a community addiction or mental health service previously	25943
provided by a community addiction or mental health ~~agency~~services	25944
provider unless the board has established to the director's	25945
satisfaction that the ~~agency~~provider cannot effectively provide	25946
the service or that the ~~agency~~provider has requested the board	25947
take over providing the service.	25948

The director shall review and evaluate a board's operation of	25949
a facility and provision of community addiction or mental health	25950
service under division (A)(8)(b) of this section.	25951

Nothing in division (A)(8)(b) of this section authorizes a	25952
board to administer or direct the daily operation of any facility	25953
or community addiction or mental health ~~agency~~services provider,	25954
but a facility or ~~agency~~provider may contract with a board to	25955
receive administrative services or staff direction from the board	25956
under the direction of the governing body of the facility or	25957
~~agency~~provider.	25958

(9) Approve fee schedules and related charges or adopt a unit	25959
cost schedule or other methods of payment for contract services	25960
provided by community addiction or mental health ~~agencies~~services	25961
providers in accordance with guidelines issued by the department	25962
as necessary to comply with state and federal laws pertaining to	25963
financial assistance;	25964

(10) Submit to the director and the county commissioners of	25965
the county or counties served by the board, and make available to	25966
the public, an annual report of the ~~programs~~services under the	25967
jurisdiction of the board, including a fiscal accounting;	25968

(11) Establish, to the extent resources are available, a	25969
~~community support system~~continuum of care, which provides for	25970
prevention, treatment, support, and rehabilitation services and	25971
opportunities. The essential elements of the ~~system~~continuum	25972
include, but are not limited to, the following components in	25973
accordance with section ~~5119.06~~5119.21 of the Revised Code:	25974

(a) To locate persons in need of addiction or mental health	25975
services to inform them of available services and benefits	25976
~~mechanisms~~;	25977

(b) Assistance for ~~clients~~persons receiving services to	25978
obtain services necessary to meet basic human needs for food,	25979
clothing, shelter, medical care, personal safety, and income;	25980

(c) ~~Mental~~Addiction and mental health ~~care~~services,	25981
including, but not limited to, outpatient, residential, partial	25982
hospitalization, and, where appropriate, inpatient care;	25983

(d) Emergency services and crisis intervention;

25984

(e) Assistance for ~~clients~~persons receiving services to	25985
obtain vocational services and opportunities for jobs;	25986

(f) The provision of services designed to develop social,	25987
community, and personal living skills;	25988

(g) Access to a wide range of housing and the provision of	25989
residential treatment and support;	25990

(h) Support, assistance, consultation, and education for	25991
families, friends, ~~consumers of~~persons receiving addiction or	25992
mental health services, and others;	25993

(i) Recognition and encouragement of families, friends,	25994
neighborhood networks, especially networks that include racial and	25995
ethnic minorities, churches, community organizations, and	25996
~~meaningful~~community employment as natural supports for ~~consumers~~	25997
ofpersons receiving addiction or mental health services;	25998

(j) Grievance procedures and protection of the rights of	25999
~~consumers of~~persons receiving addiction or mental health	26000
services;	26001

(k) ~~Case management~~Community psychiatric supportive	26002
treatment services, which includes continual individualized	26003
assistance and advocacy to ensure that needed services are offered	26004
and procured.	26005

(12) Establish a method for evaluating referrals for	26006
involuntary commitment and affidavits filed pursuant to section	26007
5122.11 of the Revised Code in order to assist the probate	26008
division of the court of common pleas in determining whether there	26009
is probable cause that a respondent is subject to involuntary	26010
hospitalization and what alternative treatment is available and	26011
appropriate, if any;	26012

(13) Designate the treatment ~~program~~services, ~~agency~~	26013
provider, or facility, or other placement for each person	26014
involuntarily committed to the board pursuant to Chapter 5122. of	26015
the Revised Code ~~and authorize payment for such treatment~~. The	26016
board shall provide the least restrictive and most appropriate	26017
alternative that is available for any person involuntarily	26018
committed to it and shall assure that the listed services ~~listed~~	26019
insubmitted and approved in accordance with division (B) of	26020
section ~~340.09~~340.08 of the Revised Code are available to	26021
severely mentally disabled persons residing within its service	26022
district. The board shall establish the procedure for authorizing	26023
payment for services, which may include prior authorization in	26024
appropriate circumstances. The board may provide for services	26025
directly to a severely mentally disabled person when life or	26026
safety is endangered and when no community mental health ~~agency~~	26027
services provider is available to provide the service.	26028

~~(13) Establish a method for evaluating referrals for~~	26029
~~involuntary commitment and affidavits filed pursuant to section~~	26030
~~5122.11 of the Revised Code in order to assist the probate~~	26031
~~division of the court of common pleas in determining whether there~~	26032
~~is probable cause that a respondent is subject to involuntary~~	26033
~~hospitalization and what alternative treatment is available and~~	26034
~~appropriate, if any;~~	26035

(14) Ensure that apartments or rooms built, subsidized,	26036
renovated, rented, owned, or leased by the board or a community	26037
addiction or mental health ~~agency~~services provider have been	26038
approved as meeting minimum fire safety standards and that persons	26039
residing in the rooms or apartments are receiving appropriate and	26040
necessary services, including culturally relevant services, from a	26041
community addiction or mental health ~~agency~~services provider.	26042
This division does not apply to residential facilities licensed	26043
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	26044

(15) Establish a mechanism for obtaining advice and	26045
involvement of ~~consumer recommendation and advice~~persons	26046
receiving publicly funded addiction or mental health services on	26047
matters pertaining to addiction and mental health services in the	26048
alcohol, drug addiction, and mental health service district;	26049

(16) Perform the duties required by rules adopted under	26050
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	26051
the board or mental health ~~agencies~~services providers under	26052
contract with the board of individuals with mental illness or	26053
severe mental disability to residential facilities as defined in	26054
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	26055
Code and effective arrangements for ongoing mental health services	26056
for the individuals. The board is accountable in the manner	26057
specified in the rules for ensuring that the ongoing mental health	26058
services are effectively arranged for the individuals.	26059

(B) The board shall establish such rules, operating	26060
procedures, standards, and bylaws, and perform such other duties	26061
as may be necessary or proper to carry out the purposes of this	26062
chapter.	26063

(C) A board of alcohol, drug addiction, and mental health	26064
services may receive by gift, grant, devise, or bequest any	26065
moneys, lands, or property for the benefit of the purposes for	26066
which the board is established, and may hold and apply it	26067
according to the terms of the gift, grant, or bequest. All money	26068
received, including accrued interest, by gift, grant, or bequest	26069
shall be deposited in the treasury of the county, the treasurer of	26070
which is custodian of the alcohol, drug addiction, and mental	26071
health services funds to the credit of the board and shall be	26072
available for use by the board for purposes stated by the donor or	26073
grantor.	26074

(D) No board member or employee of a board of alcohol, drug	26075
addiction, and mental health services shall be liable for injury	26076
or damages caused by any action or inaction taken within the scope	26077
of the board member's official duties or the employee's	26078
employment, whether or not such action or inaction is expressly	26079
authorized by this section~~, section 340.033,~~ or any other section	26080
of the Revised Code, unless such action or inaction constitutes	26081
willful or wanton misconduct. Chapter 2744. of the Revised Code	26082
applies to any action or inaction by a board member or employee of	26083
a board taken within the scope of the board member's official	26084
duties or employee's employment. For the purposes of this	26085
division, the conduct of a board member or employee shall not be	26086
considered willful or wanton misconduct if the board member or	26087
employee acted in good faith and in a manner that the board member	26088
or employee reasonably believed was in or was not opposed to the	26089
best interests of the board and, with respect to any criminal	26090
action or proceeding, had no reasonable cause to believe the	26091
conduct was unlawful.	26092

(E) The meetings held by any committee established by a board	26093
of alcohol, drug addiction, and mental health services shall be	26094
considered to be meetings of a public body subject to section	26095
121.22 of the Revised Code.	26096

Sec. 340.031. A board of alcohol, drug addiction, and mental	26097
health services may:	26098

(A) Inspect any residential facility licensed under section	26099
~~5119.22~~5119.34 of the Revised Code and located in its district,	26100
~~pursuant to a contract with the department of mental health~~;	26101

(B) Acquire, convey, lease, or enter into a contract to	26102
purchase, lease, or sell property for community addiction and	26103
mental health ~~and alcohol and drug addiction~~ services and related	26104
purposes, and enter into loan agreements, including mortgages, for	26105
the acquisition of such property.	26106

Sec. 340.032. The board of alcohol, drug addiction, and	26107
mental health services shall employ a qualified mental health or	26108
~~alcohol or drug~~ addiction services professional with experience in	26109
administration or a professional administrator with experience in	26110
mental health or ~~alcohol or drug~~ addiction services to serve as	26111
executive director of the board and shall prescribe the director's	26112
duties.	26113

The board shall fix the compensation of the executive	26114
director. In addition to such compensation, the director shall be	26115
reimbursed for actual and necessary expenses incurred in the	26116
performance of ~~his~~the director's official duties. The board, by	26117
majority vote of the full membership, may remove the director for	26118
cause, upon written charges, after an opportunity has been	26119
afforded ~~him~~the director for a hearing before the board on	26120
request.	26121

The board may delegate to its executive director the	26122
authority to act in its behalf in the performance of its	26123
administrative duties.	26124

As used in this section, "mental health professional" and	26125
"addiction services professional" mean an individual who is	26126
qualified to work with mentally ill persons or persons receiving	26127
addiction services, pursuant to standards established by the	26128
director of mental health and addiction services under Chapter	26129
5119. of the Revised Code.	26130

Sec. 340.04. In addition to such other duties as may be	26131
lawfully imposed, the executive director of a board of alcohol,	26132
drug addiction, and mental health services shall:	26133

(A) Serve as executive officer of the board and subject to	26134
the prior approval of the board for each contract, execute	26135
contracts on its behalf;	26136

(B) Supervise services and facilities provided, operated,	26137
contracted, or supported by the board to the extent of determining	26138
that ~~programs~~services and facilities are being administered in	26139
conformity with this chapter and rules of the director of ~~mental~~	26140
~~health and the department of~~ ~~alcohol and drug addiction services~~	26141
mental health and addiction services;	26142

(C) Provide consultation to ~~agencies, associations, or~~	26143
~~individuals~~addiction and mental health services providers	26144
providing services supported by the board;	26145

(D) Recommend to the board the changes necessary to increase	26146
the effectiveness of addiction and mental health services ~~and~~	26147
~~alcohol and drug addiction services~~ and other matters necessary or	26148
desirable to carry out this chapter;	26149

(E) Employ and remove from office such employees and	26150
consultants in the classified civil service and, subject to the	26151
approval of the board, employ and remove from office such other	26152
employees and consultants as may be necessary for the work of the	26153
board, and fix their compensation and reimbursement within the	26154
limits set by the salary schedule and the budget approved by the	26155
board;	26156

(F) Encourage the development and expansion of preventive,	26157
treatment, rehabilitative, and consultative ~~programs~~services in	26158
the field of addiction and mental health services with emphasis on	26159
continuity of care;	26160

(G) Prepare for board approval an annual report of the	26161
~~programs~~services and facilities under the jurisdiction of the	26162
board, including a fiscal accounting of all services;	26163

(H) Conduct such studies as may be necessary and practicable	26164
for the promotion of mental health, promotion of addiction	26165
services, and the prevention of mental illness, emotional	26166
disorders, and addiction ~~to alcohol and drugs~~;	26167

(I) Authorize the county auditor, or in a joint-county	26168
district the county auditor designated as the auditor for the	26169
district, to issue warrants for the payment of board obligations	26170
approved by the board, provided that all payments from funds	26171
distributed to the board by the department of mental health and	26172
addiction services are in accordance with the ~~comprehensive~~	26173
~~community mental health plan~~budget submitted pursuant to section	26174
340.08 of the Revised Code, as approved by the department of	26175
~~mental health, or with the alcohol and drug addiction services~~	26176
~~plan as approved by the department of alcohol and drug addiction~~	26177
~~services~~mental health and addiction services.	26178

Sec. 340.05. A community addiction or mental health ~~agency~~	26179
services provider that receives a complaint alleging abuse or	26180
neglect of an individual with mental illness or severe mental	26181
disability, or an individual receiving addiction services, who	26182
resides in a residential facility as defined in division (A)(9)(b)	26183
of section ~~5119.22~~5119.34 of the Revised Code shall report the	26184
complaint to the board of alcohol, drug addiction, and mental	26185
health services serving the alcohol, drug addiction, and mental	26186
health service district in which the residential facility is	26187
located. A board of alcohol, drug addiction, and mental health	26188
services that receives such a complaint or a report from a	26189
community addiction or mental health ~~agency~~services provider of	26190
such a complaint shall report the complaint to the director of	26191
~~mental health~~mental health and addiction services for the	26192
purpose of the director conducting an investigation under section	26193
~~5119.22~~5119.34 of the Revised Code. The board may enter the	26194
facility with or without the director and, if the health and	26195
safety of a resident is in immediate danger, take any necessary	26196
action to protect the resident. The board's action shall not	26197
violate any resident's rights specified in rules adopted by the	26198
department of ~~mental health~~mental health and addiction services	26199
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	26200
immediately report to the director regarding the board's actions	26201
under this section.	26202

Sec. 340.07. The board of county commissioners of any county	26203
participating in an alcohol, drug addiction, and mental health	26204
service district or joint-county district, upon receipt from the	26205
board of alcohol, drug addition, and mental health services of a	26206
resolution so requesting, may appropriate money to such board for	26207
the operation, lease, acquisition, construction, renovation, and	26208
maintenance of addiction or mental health services~~, programs,~~	26209
providers and facilities ~~for mentally ill and emotionally~~	26210
~~disturbed persons~~ in accordance with the comprehensive community	26211
addiction and mental health ~~plan or for alcohol and drug addiction~~	26212
~~programs in accordance with the alcohol and drug addiction~~	26213
~~services plan~~services budget approved by the department of mental	26214
health and addiction services pursuant to section 340.08 of the	26215
Revised Code.	26216

Sec. 340.08. In accordance with rules or guidelines issued	26217
by the director of mental health and addiction services, each	26218
board of alcohol, drug addiction, and mental health services shall	26219
do all of the following:	26220

(A) Submit to the department a report of receipts and	26221
expenditures for all federal, state, and local moneys the board	26222
expects to receive;	26223

(1) The report shall identify funds the board and public	26224
children services agencies in the board's service district have	26225
available to fund jointly the services described in section 340.15	26226
of the Revised Code.	26227

(2) The board's proposed budget for expenditures of state and	26228
federal funds distributed to the board by the department shall be	26229
deemed an application for funds, and the department shall approve	26230
or disapprove the budget for these expenditures. The department	26231
shall inform the board of the reasons for disapproval of the	26232
budget for the expenditure of state and federal funds and of the	26233
criteria that must be met before the budget may be approved. The	26234
director shall provide the board an opportunity to present its	26235
case on behalf of the submitted budget. The director shall give	26236
the board a reasonable time in which to meet the criteria and	26237
shall offer the board technical assistance to help it meet the	26238
criteria.	26239

If a board determines that it is necessary to amend a budget	26240
that has been approved under this section, the board shall submit	26241
a proposed amendment to the director. The director may approve or	26242
disapprove all or part of the amendment. The director shall inform	26243
the board of the reasons for disapproval of all or part of the	26244
amendment and of the criteria that must be met before the	26245
amendment may be approved. The director shall provide the board an	26246
opportunity to present its case on behalf of the amendment. The	26247
director shall give the board a reasonable time in which to meet	26248
the criteria and shall offer the board technical assistance to	26249
help it meet the criteria.	26250

(3) The director of mental health and addiction services, in	26251
whole or in part, may withhold funds otherwise to be allocated to	26252
a board of alcohol, drug addiction, and mental health services	26253
under Chapter 5119. of the Revised Code if the board's use of	26254
state and federal funds fails to comply with the approved budget,	26255
as it may be amended with the approval of the department.	26256

(B) Submit to the department a statement identifying the	26257
services described in section 340.09 of the Revised Code the board	26258
intends to make available. The board shall include crisis	26259
intervention services for individuals in emergency situations and	26260
services required pursuant to section 340.15 of the Revised Code,	26261
and the board shall explain the manner in which the board intends	26262
to make such services available. The list of services shall be	26263
compatible with the budget submitted pursuant to division (A) of	26264
this section. The department shall approve or disapprove the	26265
proposed listing of services to be made available. The department	26266
shall inform the board of the reasons for disapproval of the	26267
listing of proposed services and of the criteria that must be met	26268
before listing of proposed services may be approved. The director	26269
shall provide the board an opportunity to present its case on	26270
behalf of the submitted listing of proposed services. The director	26271
shall give the board a reasonable time in which to meet the	26272
criteria and shall offer the board technical assistance to help it	26273
meet the criteria.	26274

(C) Enter into a continuity of care agreement with the state	26275
institution operated by the department of mental health and	26276
addiction services and designated as the institution serving the	26277
district encompassing the board's service district. Subject to	26278
division (B) of section 340.011 of the Revised Code, the	26279
continuity of care agreement shall outline the department's and	26280
the board's responsibilities to plan for and coordinate with each	26281
other to address the needs of board residents who are patients in	26282
the institution, with an emphasis on managing appropriate hospital	26283
bed day use and discharge planning.	26284

(D) In conjunction with the department of mental health and	26285
addiction services, operate a coordinated system for tracking and	26286
monitoring persons found not guilty by reason of insanity and	26287
committed pursuant to section 2945.40 of the Revised Code who have	26288
been granted a conditional release and persons found incompetent	26289
to stand trial and committed pursuant to section 2945.39 of the	26290
Revised Code who have been granted a conditional release. The	26291
system shall do all of the following:	26292

(1) Centralize responsibility for the tracking of those	26293
persons;	26294

(2) Provide for uniformity in monitoring those persons;

26295

(3) Provide a mechanism to allow prompt rehospitalization,	26296
reinstitutionalization, or detention when a violation of the	26297
conditional release or decompensation occurs.	26298

(E) Submit to the department a report summarizing complaints	26299
and grievances received by the board concerning the rights of	26300
persons seeking or receiving services, investigations of	26301
complaints and grievances, and outcomes of the investigations.	26302

(F) Provide to the department information to be submitted to	26303
the community addiction and mental health information system or	26304
systems established by the department under Chapter 5119. of the	26305
Revised Code.	26306

(G) Annually, and upon any change in membership, submit to	26307
the department a list of all current members of the board of	26308
alcohol, drug addiction, and mental health services, including the	26309
appointing authority for each member, and the member's specific	26310
qualification for appointment pursuant to section 340.02 or	26311
340.021 of the Revised Code, if applicable.	26312

(H) Submit to the department other information as is	26313
reasonably required for purposes of the department's operations,	26314
service evaluation, reporting activities, research, system	26315
administration, and oversight.	26316

Sec. 340.09. (A) The department of ~~mental health~~mental	26317
health and addiction services shall provide assistance to any	26318
county for the operation of boards of alcohol, drug addiction, and	26319
mental health services ~~and~~, the provision of ~~the following~~	26320
services approved by the department within the continuum of care,	26321
the provision of approved support functions, and the partnership	26322
in, or support for, approved continuum of care-related activities	26323
from funds appropriated for that purpose by the general assembly:.	26324

~~(A) Outpatient;~~

26325

(B) Categories in the continuum of care may include all of	26326
the following:	26327

(1) Inpatient;

26328

~~(C) Partial hospitalization~~(2) Residential;

26329

~~(D) Rehabilitation~~(3) Outpatient treatment;

26330

~~(E)~~(4) Intensive and other supports;

26331

(5) Recovery support;

26332

(6) Prevention and wellness management.

26333

26334

(1) Consultation;

26335

~~(F) Mental health education and other preventive services;~~

26336

~~(G) Emergency;~~

26337

~~(H) Crisis intervention;~~

26338

~~(I)~~(2) Research;

26339

~~(J)~~(3) Administrative;

26340

~~(K)~~(4) Referral and information;

26341

~~(L) Residential;~~

26342

~~(M)~~(5) Training;

26343

~~(N) Substance abuse;~~

26344

~~(O)~~(6) Service and program evaluation;

26345

~~(P) Community support system;~~

26346

~~(Q) Case management;~~

26347

~~(R) Residential housing;~~

26348

~~(S) Other services approved by the board and the director of~~	26349
~~mental health~~.	26350

Sec. 340.091. Each board of alcohol, drug addiction, and	26351
mental health services shall contract with a community mental	26352
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	26353
section 340.03 of the Revised Code for the ~~agency~~provider to do	26354
all of the following in accordance with rules adopted under	26355
section ~~5119.61~~5119.22 of the Revised Code for an individual	26356
referred to the ~~agency~~provider under division (D)(2) of section	26357
~~5119.69~~5119.41 of the Revised Code:	26358

(A) Assess the individual and, if the ~~agency~~provider	26359
determines that the environment in which the individual will be	26360
living while receiving residential state supplement payments is	26361
appropriate for the individual's needs, issue a recommendation to	26362
the referring residential state supplement administrative agency	26363
that the referring agency should conclude that the living	26364
environment is appropriate when it makes its determination	26365
regarding the appropriateness of the environment;	26366

(B) Provide ongoing monitoring to ensure that listed services	26367
~~provided under~~submitted and approved under division (B) of	26368
section ~~340.09~~340.08 of the Revised Code are available to the	26369
individual;	26370

(C) Provide discharge planning to ensure the individual's	26371
earliest possible transition to a less restrictive environment.	26372

Sec. 340.10. The county auditor or, in a joint-county	26373
alcohol, drug addiction, and mental health service district, the	26374
auditor of the county, the treasurer of which has been designated	26375
in the agreement between the counties of the district as custodian	26376
of the community addiction and mental health services funds ~~and~~	26377
~~alcohol and drug addiction services funds~~, is hereby designated as	26378
the auditor and fiscal officer of an alcohol, drug addiction, and	26379
mental health service district or joint-county district. State	26380
funds allocated for the support of a service district shall be	26381
paid to the county treasurer or, in a joint-county district, to	26382
the treasurer of that county designated in the agreement as	26383
custodian of the community addiction and mental health services	26384
funds and authorized to make payments from such funds on order of	26385
the county auditor and on recommendation of the board of alcohol,	26386
drug addiction, and mental health services, or the executive	26387
director of the board when authorized by the board. The auditor	26388
shall submit to the board a detailed monthly statement of all	26389
receipts, disbursements, and ending balances for the community	26390
addiction and mental health services funds.	26391

Sec. 340.11. A board of alcohol, drug addiction, and mental	26392
health services may procure a policy or policies of insurance	26393
insuring board members or employees of the board or ~~agencies~~	26394
providers with which the board contracts against liability arising	26395
from the performance of their official duties. If the liability	26396
insurance is unavailable or the amount a board has procured or is	26397
able to procure is insufficient to cover the amount of a claim,	26398
the board may indemnify a board member or employee as follows:	26399

(A) For any action or inaction in the capacity of board	26400
member or employee or at the request of the board, whether or not	26401
the action or inaction is expressly authorized by this or any	26402
other section of the Revised Code, if both of the following apply:	26403

(1) The board member or employee acted in good faith and in a	26404
manner that the board member or employee reasonably believed was	26405
in or was not opposed to the best interests of the board; ~~and~~	26406

(2) With respect to any criminal action or proceeding, the	26407
board member or employee had no reason to believe the board	26408
member's or employee's conduct was unlawful.	26409

(B) Against any expenses, including attorneys' fees, the	26410
board member or employee actually and reasonably incurs as a	26411
result of a suit or other proceeding involving the defense of any	26412
action or inaction in the capacity of board member or employee or	26413
at the request of the board, or in defense of any claim, issue, or	26414
matter raised in connection with the defense of such an action or	26415
inaction, to the extent that the board member or employee is	26416
successful on the merits or otherwise.	26417

Sec. 340.12. No board of alcohol, drug addiction, and mental	26418
health services or any ~~agency, corporation, or association~~	26419
addiction or mental health services provider under contract with	26420
such a board shall discriminate in the provision of services under	26421
its authority, in employment, or contract on the basis of race,	26422
color, creed, sex, ~~creed,~~national origin, or disability~~, or~~	26423
~~national origin~~.	26424

Each board,and each community addiction or mental health	26425
~~agency, and each alcohol and drug addiction program~~services	26426
provider shall have a written affirmative action program. The	26427
affirmative action program shall include goals for the employment	26428
and effective utilization of, including contracts with, members of	26429
economically disadvantaged groups as defined in division (E)(1) of	26430
section 122.71 of the Revised Code in percentages reflecting as	26431
nearly as possible the composition of the alcohol, drug addiction,	26432
and mental health service district served by the board. Each	26433
board~~, agency,~~ and ~~program~~provider shall file a description of	26434
the affirmative action program and a progress report on its	26435
implementation with the department of ~~mental health or the~~	26436
~~department of alcohol and drug addiction services~~mental health	26437
and addiction services.	26438

Sec. 340.13. (A) As used in this section~~, "minority~~:

26439

(1) "Minority business enterprise" has the same meaning as in	26440
~~division (E)(1) of~~ section 122.71 of the Revised Code.	26441

(2) "EDGE business enterprise" has the same meaning as in	26442
section 123.152 of the Revised Code.	26443

(B) Any minority business enterprise that desires to bid on a	26444
contract under division (C) ~~or (D)~~ of this section shall first	26445
apply to the equal employment opportunity coordinator in the	26446
department of administrative services for certification as a	26447
minority business enterprise. Any EDGE business enterprise that	26448
desires to bid on a contract under division (D) of this section	26449
shall first apply to the equal employment opportunity coordinator	26450
of the department of administrative services for certification as	26451
an EDGE business enterprise. The coordinator shall approve the	26452
application of any minority business enterprise or EDGE business	26453
enterprise that complies with the rules adopted under section	26454
122.71 or 123.152 of the Revised Code, respectively. The	26455
coordinator shall prepare and maintain a list of minority business	26456
enterprises and EDGE business enterprises certified under ~~this~~	26457
~~section~~those sections.	26458

(C) From the contracts to be awarded for the purchases of	26459
equipment, materials, supplies, or services, other than contracts	26460
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	26461
each board of alcohol, drug addiction, and mental health services	26462
shall select a number of contracts with an aggregate value of	26463
approximately fifteen per cent of the total estimated value of	26464
contracts to be awarded in the current fiscal year. The board	26465
shall set aside the contracts so selected for bidding by minority	26466
business enterprises only. The bidding procedures for such	26467
contracts shall be the same as for all other contracts awarded	26468
under section 307.86 of the Revised Code, except that only	26469
minority business enterprises certified and listed ~~under~~pursuant	26470
to division (B) of this section shall be qualified to submit bids.	26471

(D) To the extent that a board is authorized to enter into	26472
contracts for construction, the board shall ~~set aside a number of~~	26473
~~contracts~~strive to attain a yearly contract dollar procurement	26474
goal the aggregate value of which equals approximately five per	26475
cent of the aggregate value of construction contracts for the	26476
current fiscal year for ~~bidding by minority~~EDGE business	26477
enterprises only. ~~The bidding procedures for the contracts set~~	26478
~~aside for minority business enterprises shall be the same as for~~	26479
~~all other contracts awarded by the board, except that only~~	26480
~~minority business enterprises certified and listed under division~~	26481
~~(B) of this section shall be qualified to submit bids.~~	26482

(E)(1) In the case of contracts set aside under ~~divisions~~	26483
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	26484
minority business enterprise, the contract shall be awarded	26485
according to normal bidding procedures. The board shall from time	26486
to time set aside such additional contracts as are necessary to	26487
replace those contracts previously set aside on which no minority	26488
business enterprise bid.	26489

(2) If a board, after having made a good faith effort, is	26490
unable to comply with the goal of procurement for contracting with	26491
EDGE business enterprises pursuant to division (D) of this	26492
section, the board may apply in writing, on a form prescribed by	26493
the department of administrative services, to the director of	26494
mental health and addiction services for a waiver or modification	26495
of the goal.	26496

(F) This section does not preclude any minority business	26497
enterprise or EDGE business enterprise from bidding on any other	26498
contract not specifically set aside for minority business	26499
enterprises or subject to procurement goals for EDGE business	26500
enterprises.	26501

(G) Within ninety days after the beginning of each fiscal	26502
year, each board shall file a report with the department of ~~mental~~	26503
~~health~~mental health and addiction services that shows for that	26504
fiscal year the name of each minority business enterprise and EDGE	26505
business enterprise with which the board entered into a contract,	26506
the value and type of each such contract, the total value of	26507
contracts awarded under divisions (C) and (D) of this section, the	26508
total value of contracts awarded for the purchases of equipment,	26509
materials, supplies, or services, other than contracts entered	26510
into under section 340.03 of the Revised Code, and the total value	26511
of contracts entered into for construction.	26512

(H) Any person who intentionally misrepresents ~~himself~~self	26513
as owning, controlling, operating, or participating in a minority	26514
business enterprise or an EDGE business enterprise for the purpose	26515
of obtaining contracts or any other benefits under this section	26516
shall be guilty of theft by deception as provided for in section	26517
2913.02 of the Revised Code.	26518

Sec. 340.15. (A) A public children services agency that	26519
identifies a child by a risk assessment conducted pursuant to	26520
section 5153.16 of the Revised Code as being at imminent risk of	26521
being abused or neglected because of an addiction of a parent,	26522
guardian, or custodian of the child to a drug of abuse or alcohol	26523
shall refer the child's addicted parent, guardian, or custodian	26524
and, if the agency determines that the child needs alcohol or	26525
other drug addiction services, the child to ~~an alcohol and drug~~a	26526
community addiction ~~program~~services provider certified by the	26527
department of ~~alcohol and drug addiction services~~mental health	26528
and addiction services under section ~~3793.06~~5119.36 of the	26529
Revised Code. A public children services agency that is sent a	26530
court order issued pursuant to division (B) of section 2151.3514	26531
of the Revised Code shall refer the addicted parent or other	26532
caregiver of the child identified in the court order to ~~an alcohol~~	26533
~~and drug~~a community addiction ~~program~~services provider	26534
certified by the department of ~~alcohol and drug addiction services~~	26535
mental health and addiction services under section ~~3793.06~~5119.36	26536
of the Revised Code. On receipt of a referral under this division	26537
and to the extent funding identified under division (A)(1) of	26538
section ~~340.033~~340.08 of the Revised Code is available, the	26539
~~program~~provider shall provide the following services to the	26540
addicted parent, guardian, custodian, or caregiver and child in	26541
need of ~~alcohol or other drug~~addiction services:	26542

(1) If it is determined pursuant to an initial screening to	26543
be needed, assessment and appropriate treatment;	26544

(2) Documentation of progress in accordance with a treatment	26545
plan developed for the addicted parent, guardian, custodian,	26546
caregiver, or child;	26547

(3) If the referral is based on a court order issued pursuant	26548
to division (B) of section 2151.3514 of the Revised Code and the	26549
order requires the specified parent or other caregiver of the	26550
child to submit to alcohol or other drug testing during, after, or	26551
both during and after, treatment, testing in accordance with the	26552
court order.	26553

(B) The services described in division (A) of this section	26554
shall have a priority as provided in the ~~alcohol and drug~~	26555
addiction and mental health services plan and budget established	26556
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	26557
Revised Code. Once a referral has been received pursuant to this	26558
section, the public children services agency and the ~~alcohol or~~	26559
~~drug~~ addiction ~~program~~services provider shall, in accordance with	26560
42 C.F.R. Part 2, share with each other any information concerning	26561
the persons and services described in that division that the	26562
agency and ~~program~~provider determine are necessary to share. If	26563
the referral is based on a court order issued pursuant to division	26564
(B) of section 2151.3514 of the Revised Code, the results and	26565
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	26566
services provider also shall be provided and used as described in	26567
division (D) of that section. Information obtained or maintained	26568
by the agency or ~~program~~provider pursuant to this section that	26569
could enable the identification of any person described in	26570
division (A) of this section is not a public record subject to	26571
inspection or copying under section 149.43 of the Revised Code.	26572

Sec. 340.16. ~~Not later than ninety days after September 5,~~	26573
~~2001, the~~The department of ~~mental health~~mental health and	26574
addiction services and the department of ~~job and family services~~	26575
medicaid shall adopt rules that establish requirements and	26576
procedures for prior notification and service coordination between	26577
public children services agencies and boards of alcohol, drug	26578
addiction, and mental health services when a public children	26579
services agency refers a child in its custody to a board for	26580
services funded by the board. The rules shall be adopted in	26581
accordance with Chapter 119. of the Revised Code.	26582

~~The department of mental health and department of job and~~	26583
~~family services shall collaborate in formulating a plan that~~	26584
~~delineates the funding responsibilities of public children~~	26585
~~services agencies and boards of alcohol, drug addiction, and~~	26586
~~mental health services for services provided under section~~	26587
~~5111.023 of the Revised Code to children in the custody of public~~	26588
~~children services agencies. The departments shall complete the~~	26589
~~plan not later than ninety days after September 5, 2001.~~	26590

Sec. 341.192. (A) As used in this section:

26591

(1) "Jail" means a county jail, or a multicounty,	26592
municipal-county, or multicounty-municipal correctional center.	26593

(2) ~~"Medical assistance program" has the same meaning as in~~	26594
~~section 2913.40 of the Revised Code.~~	26595

~~(3)~~ "Medical provider" means a physician, hospital,	26596
laboratory, pharmacy, or other health care provider that is not	26597
employed by or under contract to a county, municipal corporation,	26598
township, the department of youth services, or the department of	26599
rehabilitation and correction to provide medical services to	26600
persons confined in a jail or state correctional institution, or	26601
is in the custody of a law enforcement officer.	26602

~~(4)~~(3) "Necessary care" means medical care of a nonelective	26603
nature that cannot be postponed until after the period of	26604
confinement of a person who is confined in a jail or state	26605
correctional institution, or is in the custody of a law	26606
enforcement officer without endangering the life or health of the	26607
person.	26608

(B) If a physician employed by or under contract to a county,	26609
municipal corporation, township, the department of youth services,	26610
or the department of rehabilitation and correction to provide	26611
medical services to persons confined in a jail or state	26612
correctional institution determines that a person who is confined	26613
in the jail or state correctional institution or who is in the	26614
custody of a law enforcement officer prior to the person's	26615
confinement in a jail or state correctional institution requires	26616
necessary care that the physician cannot provide, the necessary	26617
care shall be provided by a medical provider. The county,	26618
municipal corporation, township, the department of youth services,	26619
or the department of rehabilitation and correction shall pay a	26620
medical provider for necessary care an amount not exceeding the	26621
authorized reimbursement rate for the same service established by	26622
the department of ~~job and family services~~medicaid under the	26623
~~medical assistance~~medicaid program.	26624

Sec. 349.01. As used in this chapter:

26625

(A) "New community" means a community or an addition to an	26626
existing community planned pursuant to this chapter so that it	26627
includes facilities for the conduct of industrial, commercial,	26628
residential, cultural, educational, and recreational activities,	26629
and designed in accordance with planning concepts for the	26630
placement of utility, open space, and other supportive facilities.	26631

In the case of a new community authority established within	26632
three years after March 22, 2012, the effective date of H.B. 225	26633
of the 129th general assembly, "new community" may mean a	26634
community or development of property planned under this chapter in	26635
relation to an existing community so that the community includes	26636
facilities for the conduct of community activities, and is	26637
designed in accordance with planning concepts for the placement of	26638
utility, open space, and other supportive facilities for the	26639
community.	26640

(B) "New community development program" means a program for	26641
the development of a new community characterized by well-balanced	26642
and diversified land use patterns and which includes land	26643
acquisition and land development, the acquisition, construction,	26644
operation, and maintenance of community facilities, and the	26645
provision of services authorized in this chapter.	26646

In the case of a new community authority established within	26647
three years after March 22, 2012, the effective date of H.B. 225	26648
of the 129th general assembly, a new community development program	26649
may take into account any existing community in relation to which	26650
a new community is developed for purposes of being characterized	26651
by well-balanced and diversified land use patterns.	26652

(C) "New community district" means the area of land described	26653
by the developer in the petition as set forth in division (A) of	26654
section 349.03 of the Revised Code for development as a new	26655
community and any lands added to the district by amendment of the	26656
resolution establishing the community authority.	26657

(D) "New community authority" means a body corporate and	26658
politic in this state, established pursuant to section 349.03 of	26659
the Revised Code and governed by a board of trustees as provided	26660
in section 349.04 of the Revised Code.	26661

(E) "Developer" means any person, organized for carrying out	26662
a new community development program who owns or controls, through	26663
leases of at least seventy-five years' duration, options, or	26664
contracts to purchase, the land within a new community district,	26665
or any municipal corporation, county, or port authority that owns	26666
the land within a new community district, or has the ability to	26667
acquire such land, either by voluntary acquisition or condemnation	26668
in order to eliminate slum, blighted, and deteriorated or	26669
deteriorating areas and to prevent the recurrence thereof. In the	26670
case of a new community authority established within three years	26671
after March 22, 2012, the effective date of H.B. 225 of the 129th	26672
general assembly, "developer" may mean a person, municipal	26673
corporation, county, or port authority that controls land within a	26674
new community district through leases of at least forty years'	26675
duration.	26676

(F) "Organizational board of commissioners" means~~, if the~~the	26677
following:	26678

(1) For a new community district that is located in only one	26679
county, the board of county commissioners of ~~such~~that county; if	26680

(2) For a new community district that is located in more than	26681
one county, a board consisting of the members of the board of	26682
county commissioners of each of the counties in which the district	26683
is located, provided that action of ~~such~~the board shall require a	26684
majority vote of the members of each separate board of county	26685
commissioners; or~~, if~~	26686

(3) For a new community district that is located entirely	26687
within the boundaries of a municipal corporation or for a new	26688
community district where more than half of the new community	26689
district is located within the boundaries of the most populous	26690
municipal corporation of a county, the legislative authority of	26691
the municipal corporation.	26692

(G) "Land acquisition" means the acquisition of real property	26693
and interests in real property as part of a new community	26694
development program.	26695

(H) "Land development" means the process of clearing and	26696
grading land, making, installing, or constructing water	26697
distribution systems, sewers, sewage collection systems, steam,	26698
gas, and electric lines, roads, streets, curbs, gutters,	26699
sidewalks, storm drainage facilities, and other installations or	26700
work, whether within or without the new community district, and	26701
the construction of community facilities.	26702

(I)(1) "Community facilities" means all real property,	26703
buildings, structures, or other facilities, including related	26704
fixtures, equipment, and furnishings, to be owned, operated,	26705
financed, constructed, and maintained under this chapter,	26706
including public, community, village, neighborhood, or town	26707
buildings, centers and plazas, auditoriums, day care centers,	26708
recreation halls, educational facilities, hospital facilities as	26709
defined in section 140.01 of the Revised Code, recreational	26710
facilities, natural resource facilities, including parks and other	26711
open space land, lakes and streams, cultural facilities, community	26712
streets, pathway and bikeway systems, pedestrian underpasses and	26713
overpasses, lighting facilities, design amenities, or other	26714
community facilities, and buildings needed in connection with	26715
water supply or sewage disposal installations or steam, gas, or	26716
electric lines or installation.	26717

(2) In the case of a new community authority established	26718
within three years after March 22, 2012, the effective date of	26719
H.B. 225 of the 129th general assembly, "community facilities" may	26720
mean, in addition to the facilities authorized in division (I)(1)	26721
of this section, any community facilities that are owned,	26722
operated, financed, constructed, or maintained for, relating to,	26723
or in furtherance of community activities, including, but not	26724
limited to, town buildings or other facilities, health care	26725
facilities including, but limited to, hospital facilities, and	26726
off-street parking facilities.	26727

(J) "Cost" as applied to a new community development program	26728
means all costs related to land acquisition and land development,	26729
the acquisition, construction, maintenance, and operation of	26730
community facilities and offices of the community authority, and	26731
of providing furnishings and equipment therefor, financing charges	26732
including interest prior to and during construction and for the	26733
duration of the new community development program, planning	26734
expenses, engineering expenses, administrative expenses including	26735
working capital, and all other expenses necessary and incident to	26736
the carrying forward of the new community development program.	26737

(K) "Income source" means any and all sources of income to	26738
the community authority, including community development charges	26739
of which the new community authority is the beneficiary as	26740
provided in section 349.07 of the Revised Code, rentals, user fees	26741
and other charges received by the new community authority, any	26742
gift or grant received, any moneys received from any funds	26743
invested by or on behalf of the new community authority, and	26744
proceeds from the sale or lease of land and community facilities.	26745

(L) "Community development charge" means:

26746

(1) A dollar amount which shall be determined on the basis of	26747
the assessed valuation of real property or interests in real	26748
property in a new community district sold, leased, or otherwise	26749
conveyed by the developer or the new community authority, the	26750
income of the residents of such property subject to such charge	26751
under section 349.07 of the Revised Code, if such property is	26752
devoted to residential uses or to the profits of any business, a	26753
uniform fee on each parcel of such real property originally sold,	26754
leased, or otherwise conveyed by the developer or new community	26755
authority, or any combination of the foregoing bases.	26756

(2) For a new community authority that is established within	26757
three years after March 22, 2012, the effective date of H.B. 225	26758
of the 129th general assembly, "community development charge"	26759
includes, in addition to the charges authorized in division (L)(1)	26760
of this section, a charge determined on the basis of all or a part	26761
of the income of the residents of real property within the new	26762
community district if such property is devoted to residential uses	26763
or of persons employed within the district, or all or a part of	26764
the profits, gross receipts, or other revenues of any business	26765
operating in the new community district, including, but not	26766
limited to, rentals received from leases of real property located	26767
in the district. If a new community authority imposes a community	26768
development charge determined on the basis of rentals received	26769
from leases of real property, improvements of any such leased real	26770
property located in the new community district and subject to that	26771
charge may not be exempted from taxation under section 5709.40,	26772
5709.41, 5709.73, or 5709.78 of the Revised Code.	26773

(M) "Proximate city" means any city that, as of the date of	26774
filing of the petition under section 349.03 of the Revised Code,	26775
is the city with the greatest population located in the county in	26776
which the proposed new community district is located, is the city	26777
with the greatest population located in an adjoining county if any	26778
portion of such city is within five miles of any part of the	26779
boundaries of such district, or exercises extraterritorial	26780
subdivision authority under section 711.09 of the Revised Code	26781
with respect to any part of such district.	26782

In the case of a new community authority that is established	26783
within three years after March 22, 2012, the effective date of	26784
H.B. 225 of the 129th general assembly, "proximate city" may mean	26785
a municipal corporation in which, at the time of filing the	26786
petition under section 349.03 of the Revised Code, any portion of	26787
the proposed new community district is located, or, if at the time	26788
of that filing more than one-half of the proposed district is	26789
contained within a joint economic development district created	26790
under sections 715.70 to 715.83 of the Revised Code, the township	26791
containing the greatest portion of the territory of the joint	26792
economic development district.	26793

(N) "Community activities" means cultural, educational,	26794
governmental, recreational, residential, industrial, commercial,	26795
distribution and research activities, or any combination thereof	26796
that includes residential activities.	26797

Sec. 349.04. The following method of selecting a board of	26798
trustees is deemed to be a compelling state interest. Within ten	26799
days after the new community authority has been established, as	26800
provided in section 349.03 of the Revised Code, an initial board	26801
of trustees shall be appointed as follows: the organizational	26802
board of commissioners shall appoint by resolution at least three,	26803
but not more than six, citizen members of the board of trustees to	26804
represent the interests of present and future residents of the new	26805
community district and one member to serve as a representative of	26806
local government, and the developer shall appoint a number of	26807
members equal to the number of citizen members to serve as	26808
representatives of the developer. In the case of a new community	26809
authority established within three years after March 22, 2012, the	26810
citizen members may represent present and future employers within	26811
the new community district and any present or future residents of	26812
the district.	26813

Members shall serve two-year overlapping terms, with two of	26814
each of the initial citizen and developer members appointed to	26815
serve initial one-year terms. The organizational board of	26816
commissioners shall adopt, by further resolution adopted within	26817
one year of such resolution establishing such initial board of	26818
trustees, a method for selection of successor members thereof	26819
which determines the projected total population of the projected	26820
new community and meets the following criteria:	26821

(A) The appointed citizen members shall be replaced by	26822
elected citizen members according to a schedule established by the	26823
organizational board of commissioners calculated to achieve one	26824
such replacement each time the new community district gains a	26825
proportion, having a numerator of one and a denominator of twice	26826
the number of citizen members, of its projected total population	26827
until such time as all of the appointed citizen members are	26828
replaced.	26829

(B) Representatives of the developer shall be replaced by	26830
elected citizen members according to a schedule established by the	26831
organizational board of commissioners calculated to achieve one	26832
such replacement each time the new community district gains a	26833
proportion, having a numerator of one and a denominator equal to	26834
the number of developer members, of its projected total population	26835
until such time as all of the developer's representatives are	26836
replaced.	26837

(C) The representative of local government shall be replaced	26838
by an elected citizen member at the time the new community	26839
district gains three-quarters of its projected total population.	26840

Elected citizen members of the board of trustees shall be	26841
elected by a majority of the residents of the new community	26842
district voting at elections held at the times and in the manner	26843
provided in a resolution of the organizational board of	26844
commissioners. Each citizen member except an appointed citizen	26845
member shall be a qualified elector who resides within the new	26846
community district. ~~In the case of a new community authority for~~	26847
~~which a petition is filed within three years after March 22, 2012,~~	26848
~~the~~The organizational board of commissioners, by resolution, may	26849
adopt an alternative method of selecting or electing successor	26850
members of the board of trustees provided that if an alternative	26851
method of selection is adopted for a new community authority	26852
organized prior to March 22, 2012, the board of trustees of that	26853
authority shall be limited in the collection of a community	26854
development charge, collected pursuant to division (Q) of section	26855
349.06 of the Revised Code, and the issuance of bonds or notes,	26856
issued pursuant to section 349.08 of the Revised Code, to the	26857
amount or to the extent otherwise permitted for a board of	26858
trustees whose members are not elected by residents of the new	26859
community district. If the alternative method provides for the	26860
election of citizen members, the elections may be held at the	26861
times and in the manner provided in the petition or in a	26862
resolution of the organizational board of commissioners, and the	26863
elected citizen members shall be qualified electors who reside in	26864
the new community district.	26865

Citizen members shall not be employees of or have financial	26866
interest in the developer. If a vacancy occurs in the office of a	26867
member other than a member appointed by the developer, the	26868
organizational board of commissioners may appoint a successor	26869
member for the remainder of the unexpired term. Any appointed	26870
member of the board of trustees may at any time be removed by the	26871
organizational board of commissioners for misfeasance,	26872
nonfeasance, or malfeasance in office. Members appointed by the	26873
developer may also at any time be removed by the developer without	26874
a showing of cause.	26875

Each member of the board of trustees, before entering upon	26876
official duties, shall take and subscribe to an oath before an	26877
officer authorized to administer oaths in Ohio that the member	26878
will honestly and faithfully perform the duties of the member's	26879
office. Such oath shall be filed in the office of the clerk of the	26880
board of county commissioners in which the petition was filed.	26881
Upon taking the oath, the board of trustees shall elect one of its	26882
number as chairperson and another as vice-chairperson, and shall	26883
appoint suitable persons as secretary and treasurer who need not	26884
be members of the board. The treasurer shall be the fiscal officer	26885
of the authority. The board shall adopt by-laws governing the	26886
administration of the affairs of the new community authority. Each	26887
member of the board shall post a bond for the faithful performance	26888
of official duties and give surety therefor in such amount, but	26889
not less than ten thousand dollars, as the resolution creating	26890
such board shall prescribe.	26891

All of the powers of the new community authority shall be	26892
exercised by its board of trustees, but without relief of such	26893
responsibility, such powers may be delegated to committees of the	26894
board or its officers and employees in accordance with its	26895
by-laws. A majority of the board shall constitute a quorum, and a	26896
concurrence of a majority of a quorum in any matter within the	26897
board's duties is sufficient for its determination, provided a	26898
quorum is present when such concurrence is had and a majority of	26899
those members constituting such quorum are trustees not appointed	26900
by the developer. All trustees shall be empowered to vote on all	26901
matters within the authority of the board of trustees, and no vote	26902
by a member appointed by the developer shall be construed to give	26903
rise to civil or criminal liability for conflict of interest on	26904
the part of public officials.	26905

Sec. 351.021. (A) The resolution of the county commissioners	26906
creating a convention facilities authority, or any amendment or	26907
supplement to that resolution, may authorize the authority to levy	26908
one or both of the excise taxes authorized by division (B) of this	26909
section to pay the cost of one or more facilities; to pay	26910
principal, interest, and premium on convention facilities	26911
authority tax anticipation bonds issued to pay those costs; to pay	26912
the operating costs of the authority; to pay operating and	26913
maintenance costs of those facilities; and to pay the costs of	26914
administering the excise tax.	26915

(B) The board of directors of a convention facilities	26916
authority that has been authorized pursuant to resolution adopted,	26917
amended, or supplemented by the board of county commissioners	26918
pursuant to division (A) of this section may levy, by resolution	26919
adopted on or before December 31, 1988, either or both of the	26920
following:	26921

(1) Within the territory of the authority, an additional	26922
excise tax not to exceed four per cent on each transaction. The	26923
excise tax authorized by division (B)(1) of this section shall be	26924
in addition to any excise tax levied pursuant to section 5739.08	26925
or 5739.09 of the Revised Code, or division (B)(2) of this	26926
section.	26927

(2) Within that portion of any municipal corporation that is	26928
located within the territory of the authority or within the	26929
boundaries of any township that is located within the territory of	26930
the authority, which municipal corporation or township is levying	26931
any portion of the excise tax authorized by division (A) of	26932
section 5739.08 of the Revised Code, and with the approval, by	26933
ordinance or resolution, of the legislative authority of that	26934
municipal corporation or township, an additional excise tax not to	26935
exceed nine-tenths of one per cent on each transaction. The excise	26936
tax authorized by division (B)(2) of this section may be levied	26937
only if, on the effective date of the levy specified in the	26938
resolution making the levy, the amount being levied pursuant to	26939
division (A) of section 5739.08 of the Revised Code by each	26940
municipal corporation or township in which the tax authorized by	26941
division (B)(2) of this section will be levied, when added to the	26942
amount levied under division (B)(2) of this section, does not	26943
exceed three per cent on each transaction. The excise tax	26944
authorized by division (B)(2) of this section shall be in addition	26945
to any excise tax that is levied pursuant to section 5739.08 or	26946
5739.09 of the Revised Code, or division (B)(1) of this section.	26947

(C)(1) The board of directors of a convention facilities	26948
authority that is located in an eligible Appalachian county; that	26949
has been authorized pursuant to resolution adopted, amended, or	26950
supplemented by the board of county commissioners pursuant to	26951
division (A) of this section; and that is not levying a tax under	26952
division (B)(1) or (2) of this section may levy within the	26953
territory of the authority, by resolution adopted on or before	26954
December 31, 2005, an additional excise tax not to exceed three	26955
per cent on each transaction. The excise tax authorized under	26956
division (C)(1) of this section shall be in addition to any excise	26957
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	26958
Code.	26959

As used in division (C)(1) of this section, "eligible	26960
Appalachian county" means a county in this state designated as	26961
being in the "Appalachian region" under the "Appalachian Regional	26962
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	26963
having a population less than eighty thousand according to the	26964
most recent federal decennial census.	26965

(2) Division ~~(B)~~(C)(2) of this section applies only to a	26966
convention facilities authority located in a county with a	26967
population, according to the 2000 federal decennial census, of at	26968
least one hundred thirty-five thousand and not more than one	26969
hundred fifty thousand and containing entirely within its	26970
boundaries the territory of a municipal corporation with a	26971
population according to that census of more than fifty thousand.	26972
The board of directors of such a convention facilities authority,	26973
by resolution adopted on or before November 1, 2009, may levy	26974
within the territory of the authority an excise tax on	26975
transactions by which lodging by a hotel is or is to be furnished	26976
to transient guests at a rate not to exceed three per cent on such	26977
transactions for the same purposes for which a tax may be levied	26978
under division (B) of this section. The resolution may be adopted	26979
only if the board of county commissioners of the county, by	26980
resolution, authorizes the levy of the tax. The resolution of the	26981
board of county commissioners is subject to referendum as	26982
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	26983
pursuant to those procedures, a referendum is to be held, the	26984
board's resolution does not take effect until approved by a	26985
majority of electors voting on the question. The convention	26986
facilities authority may adopt the resolution authorized by	26987
division (C)(2) of this section before the election, but the	26988
authority's resolution shall not take effect if the board of	26989
commissioners' resolution is not approved at the election. A tax	26990
levied under division (C)(2) of this section is in addition to any	26991
tax levied under section 5739.09 of the Revised Code.	26992

(D) The authority shall provide for the administration and	26993
allocation of an excise tax levied pursuant to division (B) or (C)	26994
of this section. All receipts arising from those excise taxes	26995
shall be expended for the purposes provided in, and in accordance	26996
with this section and section 351.141 of the Revised Code. An	26997
excise tax levied under division (B) or (C) of this section shall	26998
remain in effect at the rate at which it is levied for at least	26999
the duration of the period for which the receipts from the tax	27000
have been anticipated and pledged pursuant to section 351.141 of	27001
the Revised Code.	27002

(E) Except as provided in division (B)(2) of this section,	27003
the levy of an excise tax on each transaction pursuant to sections	27004
5739.08 and 5739.09 of the Revised Code does not prevent a	27005
convention facilities authority from levying an excise tax	27006
pursuant to division (B) or (C) of this section.	27007

(F) A convention facilities authority located in a county	27008
with a population greater than eighty thousand but less than	27009
ninety thousand according to the 2010 federal decennial census	27010
that levies a tax under division (B) of this section may amend the	27011
resolution levying the tax to allocate a portion of the revenue	27012
from the tax for support of tourism-related sites or facilities	27013
and programs operated by the county or a municipal corporation	27014
within the county in which the authority is located or for the	27015
purpose of leasing lands for county fairs, erecting buildings for	27016
county fair purposes, making improvements on a county fairground,	27017
or for any purpose connected with the use of a county fairground	27018
or with the management thereof by the county in which the	27019
authority is located. The revenue allocated by the authority for	27020
such purposes in a calendar year shall not exceed fifteen per cent	27021
of the total revenue from the tax in the preceding calendar year.	27022

Sec. 353.01. For purposes of this chapter:

27023

(A) "Lake facilities authority" means a body corporate and	27024
politic created pursuant to section 353.02 of the Revised Code.	27025

(B) "Watershed" means a watershed as determined by the United	27026
States geological survey.	27027

(C) "Impacted watershed" means a watershed meeting both of	27028
the following conditions:	27029

(1) The watershed contains a natural or man-made lake of at	27030
least one-half square mile that has experienced levels of	27031
microcystin toxins in excess of eighty parts-per-billion, as	27032
measured by the Ohio environmental protection agency, during the	27033
twenty-four month period immediately preceding the date the last	27034
resolution necessary for the creation of a lake facilities	27035
authority under section 353.02 of the Revised Code was adopted.	27036

(2) The watershed is partially or completely located within a	27037
state park, as defined in section 154.01 of the Revised Code, that	27038
has averaged at least four hundred thousand visitors per year for	27039
the four calendar years preceding the calendar year in which the	27040
last resolution necessary for the creation of a lake facilities	27041
authority under section 353.02 of the Revised Code was adopted.	27042

(D) "Impacted lake district" means the territory of all	27043
townships and municipal corporations having territory in an	27044
impacted watershed.	27045

(E) "Cost" as applied to a lake facilities authority facility	27046
means the cost of acquisition or construction of the facility; the	27047
cost of acquisition of all land, rights-of-way, property rights,	27048
easements, franchise rights, and interests required for such	27049
acquisition; the cost of demolishing or removing any buildings or	27050
structures on land so acquired, including the cost of acquiring	27051
any lands to which such buildings or structures may be moved; the	27052
cost of acquiring or constructing and equipping a principal office	27053
of the lake facilities authority; the cost of diverting highways,	27054
interchange of highways, and access roads to private property,	27055
including the cost of land or easements for the access roads, the	27056
cost of public utility and common carrier relocation or	27057
duplication, the cost of all machinery, furnishings, and	27058
equipment, financing charges, interest prior to and during any	27059
construction and for no more than eighteen months after completion	27060
of any construction; engineering; expenses of research and	27061
development with respect to an impacted lake district; legal	27062
expenses; expenses of developing or obtaining plans,	27063
specifications, engineering surveys, studies, and estimates of	27064
cost and revenues; expenses necessary or incident to determining	27065
the feasibility or practicability of acquiring or constructing the	27066
facility or remediating the impacted lake district; administrative	27067
expense; and such other expenses as may be necessary or incident	27068
to the acquisition or construction of the facility, the	27069
remediation of the impacted lake district and other activities	27070
authorized by this chapter, the financing of such acquisition,	27071
construction or remediation, including the amount authorized in	27072
the resolution of the lake facilities authority providing for the	27073
issuance of lake facilities authority revenue bonds to be paid	27074
into any special funds from the proceeds of such bonds and the	27075
financing of the placing of the facility in operation, the cost of	27076
issuing the bonds, and the financing of remediation and other	27077
purposes authorized by this chapter.	27078

(F) "Revenues" means all rentals and other charges received	27079
by the lake facilities authority with respect to an impacted	27080
watershed; any gift or grant received with respect to any impacted	27081
watershed; money received in repayment of, and for interest on,	27082
any loans made by the authority to a person or governmental	27083
agency, whether from the United States or any department,	27084
administration, or agency thereof, or otherwise; proceeds of lake	27085
facilities authority revenue bonds to the extent the use thereof	27086
for payment of principal or of premium, if any, or interest on the	27087
bonds is authorized by the authority; proceeds from any insurance,	27088
appropriation, or guaranty pertaining to an impacted watershed or	27089
property mortgaged to secure bonds or pertaining to the financing	27090
of any activities authorized under this chapter; income and profit	27091
from the investment of the proceeds of lake facilities authority	27092
revenue bonds or of any revenues; and contributions of service	27093
payments in lieu of taxes generated pursuant to section 5709.40,	27094
5709.41, 5709.73, or 5709.78 of the Revised Code, and all other	27095
nontax revenues paid or payable to the lake facilities authority.	27096

(G) "Lake facilities revenue bonds," unless the context	27097
indicates a different meaning or intent, includes revenue notes,	27098
revenue renewal notes, and revenue refunding bonds.	27099

(H) "Authorized purpose" means activities that remediate,	27100
rehabilitate, enhance, foster, aid, improve, provide, or promote	27101
an impacted watershed within the jurisdiction of the lake	27102
facilities authority, including, without limitation, research and	27103
development efforts related thereto.	27104

(I) "Lake facilities authority facility" or "facility" means	27105
real or personal property, or any combination thereof owned,	27106
leased, or otherwise controlled or financed by a lake facilities	27107
authority and directly related to an authorized purpose.	27108

Sec. 353.02. A lake facilities authority may be created by	27109
the board of county commissioners of a county that contains all of	27110
the territory of an impacted watershed. If the territory of an	27111
impacted watershed is contained within more than one county, a	27112
joint facilities lake authority may be created by resolution of	27113
the board of commissioners of each county in which the impacted	27114
watershed is located. A resolution creating a lake facilities	27115
authority must include a finding that the watershed sought to be	27116
improved or remediated pursuant to this chapter is an impacted	27117
watershed.	27118

A lake facilities authority created pursuant to this section	27119
is a body corporate and politic which may sue and be sued, plead	27120
and be impleaded, and has the powers and jurisdiction enumerated	27121
in this chapter. The exercise by an authority of the powers	27122
conferred upon it shall be deemed to be essential governmental	27123
functions of this state.	27124

Within sixty days after the creation of a lake facilities	27125
authority, the county engineer of each county with territory in	27126
the impacted watershed shall prepare a survey denoting the	27127
boundaries of the impacted watershed in the county. The survey	27128
shall include references to the county auditor's permanent parcel	27129
number designations as those parcel number designations correspond	27130
to the boundaries of the impacted watershed. If requested by the	27131
county engineer of each county with territory in the impacted	27132
watershed, the cost of such surveys shall be paid from the funds	27133
of the lake facilities authority pursuant to an agreement between	27134
the lake facilities authority and the county engineer of each	27135
county. Such funds may be advanced by the board of county	27136
commissioners of any county with territory in the impacted	27137
watershed.	27138

The county auditor of the county with the greatest amount of	27139
territory in the impacted watershed shall be the fiscal officer	27140
for the lake facilities authority. The county prosecutor of the	27141
county with the greatest amount of territory in the impacted	27142
watershed shall be the legal advisor of the lake facilities	27143
authority and shall prosecute and defend all suits and actions	27144
that the lake facilities authority directs or to which it is a	27145
party.	27146

Upon the creation of a lake facilities authority, no	27147
authority that is granted by law any powers or duties that are	27148
substantially the same as the powers and duties of a lake	27149
facilities authority may be created if its territorial	27150
jurisdiction includes any territory within the impacted lake	27151
district.	27152

Sec. 353.03. A lake facilities authority may do all of the	27153
following:	27154

(A) Acquire by purchase, lease, gift, or otherwise, on such	27155
terms and in such manner as it considers proper, real and personal	27156
property necessary for an authorized purpose or any estate,	27157
interest, or right therein, within or without the impacted lake	27158
district;	27159

(B) Improve, remediate, maintain, sell, lease, or otherwise	27160
dispose of real and personal property on such terms and in such	27161
manner as it considers proper;	27162

(C) Request that the department of natural resources, the	27163
environmental protection agency, or the department of agriculture	27164
adopt, modify, and enforce reasonable rules and regulations	27165
governing impacted watersheds;	27166

(D) Employ such managers, administrative officers, agents,	27167
engineers, architects, attorneys, contractors, subcontractors, and	27168
employees as may be appropriate in the exercise of the rights,	27169
powers, and duties conferred on it, prescribe the duties and	27170
compensation for such persons, require bonds to be given by any	27171
such persons and by officers of the authority for the faithful	27172
performance of their duties, and fix the amount and surety	27173
therefor, and pay the surety;	27174

(E) Sue and be sued in its corporate name;

27175

(F)(1) Make and enter into all contracts and agreements and	27176
execute all instruments relating to the provisions of this	27177
chapter;	27178

(2) Except as provided otherwise under divisions (F)(2) and	27179
(3) of this section, when the cost of a contract for the	27180
construction of any building, structure, or other improvement	27181
undertaken by a lake facilities authority involves an expenditure	27182
exceeding twenty-five thousand dollars, and the lake facilities	27183
authority is the contracting authority, the lake facilities	27184
authority shall make a written contract after notice calling for	27185
bids for the award of the contract has been given by publication	27186
twice, with at least seven days between publications, in a	27187
newspaper of general circulation in the impacted lake district.	27188
Each such contract shall be awarded to the lowest responsive and	27189
responsible bidder in accordance with section 9.312 of the Revised	27190
Code. The board of directors by rule may provide criteria for the	27191
negotiation and award without competitive bidding of any contract	27192
as to which the lake facilities authority is the contracting	27193
authority for the construction of any building or structure or	27194
other improvement under any of the following circumstances:	27195

(a) There exists a real and present emergency that threatens	27196
damage to property or injury to persons of the lake facilities	27197
authority or other persons, provided that a statement specifying	27198
the nature of the emergency that is the basis for the negotiation	27199
and award of a contract without competitive bidding shall be	27200
signed at the time of the contract's execution by the officer of	27201
the lake facilities authority that executes the contract and shall	27202
be attached to the contract.	27203

(b) A commonly recognized industry or other standard or	27204
specification does not exist and cannot objectively be articulated	27205
for the improvement.	27206

(c) The contract is for any energy conservation measure as	27207
defined in section 307.041 of the Revised Code.	27208

(d) With respect to material to be incorporated into the	27209
improvement, only a single source or supplier exists for the	27210
material.	27211

(e) A single bid is received by the lake facilities authority	27212
after complying with the above provisions.	27213

(3) In addition to the exceptions to competitive bidding	27214
requirements under division (F)(2) of this section, a lake	27215
facilities authority may contract for the acquisition or	27216
construction of any property for an authorized purpose and for the	27217
leasing, subleasing, sale, or other disposition of the property in	27218
a manner determined by the lake facilities authority in its sole	27219
discretion, without necessity for competitive bidding or	27220
performance bonds.	27221

(4) With respect to any public improvement undertaken by, or	27222
under contract for, the lake facilities authority, the authority	27223
may elect to apply sections 4115.03 to 4115.21 of the Revised	27224
Code.	27225

(G) Accept aid or contributions from any source of money,	27226
property, labor, or other things of value, to be held, used, and	27227
applied only for the purposes for which the grants and	27228
contributions are made;	27229

(H) Apply for and accept grants, loans, or commitments of	27230
guarantee or insurance, including any guarantees of lake	27231
facilities authority bonds and notes, from the United States, the	27232
state, or other public body or other sources, and provide any	27233
consideration which may be required in order to obtain such	27234
grants, loans, or contracts of guarantee or insurance;	27235

(I) Procure insurance against loss to the lake facilities	27236
authority by reason of damage to its properties resulting from	27237
fire, theft, accident, or other casualties, or by reason of its	27238
liability for any damages to persons or property occurring in the	27239
construction or operation of facilities or areas under its	27240
jurisdiction or the conduct of its activities;	27241

(J) Maintain such funds or reserves as it considers necessary	27242
for the efficient performance of its duties;	27243

(K) Enforce any covenants, of which the lake facilities	27244
authority is the beneficiary, running with the land.	27245

(L) Issue securities for the remediation of an impacted	27246
watershed and directly related permanent improvements in	27247
compliance with Chapter 133. of the Revised Code, except that such	27248
bonds or notes may be issued only pursuant to a vote of the	27249
electors residing within the impacted lake district. The net	27250
indebtedness incurred by a lake facilities authority pursuant to	27251
this division may not exceed one-tenth of one per cent of the	27252
total value of all property within the territory comprising the	27253
impacted lake district as listed and assessed for taxation.	27254

(M) Issue lake facilities authority revenue bonds beyond the	27255
limit of bonded indebtedness provided by law, payable solely from	27256
revenues as provided in section 353.09 of the Revised Code for the	27257
purpose of providing funds to pay costs of any facility or	27258
facilities or parts thereof;	27259

(N) Advise and provide input to political subdivisions within	27260
the impacted lake district with respect to zoning and land use	27261
planning within the impacted lake district;	27262

(O) Enter into agreements for the management, ownership,	27263
possession, or control of lands or property to be used for wetland	27264
mitigation banking;	27265

(P) Adopt and modify rules and regulations to carry out the	27266
authority granted to the lake facilities authority under this	27267
section.	27268

Sec. 353.04. (A) Upon the creation of a lake facilities	27269
authority under section 353.02 of the Revised Code, a board of	27270
directors consisting of the county commissioners of each county	27271
with territory in the impacted lake district shall be created.	27272
Membership on the board is not a direct or indirect interest in a	27273
contract or expenditure of money by the county. Notwithstanding	27274
any provision of law to the contrary, no member of the board shall	27275
be disqualified from holding any public office or employment by	27276
reason of membership on the board. The board is a public body for	27277
the purposes of section 121.22 of the Revised Code and a public	27278
office for the purposes of section 149.43 of the Revised Code.	27279
Notwithstanding those sections, the board may hold closed meetings	27280
and protect the confidentiality of information under the same	27281
circumstances as authorized for a community improvement	27282
corporation under section 1724.11 of the Revised Code. Chapter	27283
2744. of the Revised Code applies to the board. Each year, the	27284
board shall prepare an annual report of its activities and make it	27285
available to the public.	27286

(B) A board of directors shall consult with the advisory	27287
council created under this division in performing the remediation	27288
and other activities authorized by this chapter.	27289

Not later than sixty days after the creation of the board of	27290
directors, the board shall provide written notice of its creation	27291
to the legislative authority of each political subdivision with	27292
territory in the impacted lake district. The notice shall describe	27293
the process for the appointment of an advisory council. Upon	27294
receipt of such notice, the legislative authority of each	27295
political subdivision with territory in the impacted lake district	27296
shall appoint one representative each to serve on the advisory	27297
council. The representative need not be an elected or appointed	27298
official of the political subdivision.	27299

Sec. 353.05. The board of directors of a lake facilities	27300
authority, by resolution, may propose the levy of a tax upon the	27301
taxable property in the impacted lake district pursuant to section	27302
5705.55 of the Revised Code.	27303

Sec. 353.06. As used in this section, "hotel" and "transient	27304
guests" have the same meanings as in section 5739.01 of the	27305
Revised Code.	27306

A resolution creating a lake facilities authority under	27307
section 353.02 of the Revised Code, or any amendments or	27308
supplements thereto, may authorize the authority to levy an excise	27309
tax on transactions by which lodging in a hotel is or is to be	27310
furnished to transient guests to pay any costs authorized under	27311
this chapter; to pay principal, interest, and premium on lake	27312
facilities authority tax anticipation bonds issued to pay those	27313
costs; to pay the operating costs of the authority; and to pay the	27314
costs of administering the tax.	27315

Upon the affirmative vote of at least a majority of the	27316
qualified electors in a primary or general election within the	27317
impacted lake district voting at an election held for the purpose	27318
of authorizing the tax, the board of directors of a lake	27319
facilities authority authorized to levy a tax under this section	27320
may, by resolution, levy an additional excise tax within the	27321
territory of the impacted lake district on all transactions by	27322
which lodging in a hotel is or is to be furnished to transient	27323
guests. The rate of the tax, when added to the aggregate rate of	27324
excise taxes levied in the impacted lake district pursuant to	27325
section 351.021, 5739.08, or 5739.09 of the Revised Code, shall	27326
not cause the total aggregate rate to exceed five per cent on any	27327
such transaction.	27328

The lake facilities authority shall provide for the	27329
administration and allocation of a tax levied pursuant to this	27330
section. All receipts arising from the tax shall be expended for	27331
the purposes provided in, and in accordance with, this section. An	27332
excise tax levied under this section shall remain in effect at the	27333
rate at which it is levied for at least the duration of the period	27334
for which the receipts from the tax have been anticipated and	27335
pledged pursuant to section 353.08 of the Revised Code.	27336

The form of the ballot in an election held on the question of	27337
levying a tax proposed pursuant to this section shall be as	27338
follows or in any other form acceptable to the secretary of state:	27339

"An excise tax on all transactions by which lodging in a	27340
hotel is or is to be furnished to transient guests within the	27341
territory of the (name of impacted lake district) ........... for	27342
the purpose of .......... at a rate of ......... for ............	27343
(number of years the tax is to be levied).	27344

27345

		For the Excise Tax			27346
		Against the Excise Tax	"		27347

Sec. 353.07. The director of natural resources may transfer	27348
real property owned by the state to a lake facilities authority	27349
for the purpose of promoting wetland banking, wildlife, or	27350
sporting activities. The division of wildlife within the	27351
department of natural resources may enter into an agreement with a	27352
lake facilities authority to establish wetland or natural areas to	27353
benefit wildlife or sporting activities. The agreement may be	27354
entered as part of, or in conjunction with, a mitigation banking	27355
program.	27356

Sec. 353.08. A lake facilities authority that levies a tax	27357
authorized by sections 353.05 and 5705.55 or section 353.06 of the	27358
Revised Code may, by resolution, anticipate the proceeds of the	27359
tax and issue lake facilities authority anticipation bonds, and	27360
notes anticipating the proceeds or the bonds, in the principal	27361
amount that, in the opinion of the authority, are necessary for	27362
the purpose of paying the cost of an authorized purpose, and that	27363
the authority is able to pay over the term of the issue with the	27364
interest on the bonds or notes, or in the case of notes	27365
anticipating bonds over the term of the bonds, by the estimated	27366
amount of the taxes anticipated. The taxes are determined by the	27367
general assembly to satisfy any applicable requirement of Section	27368
11 of Article XII, Ohio Constitution.	27369

Every issue of outstanding anticipation bonds shall be	27370
payable out of the proceeds of the taxes anticipated and other	27371
revenues of the authority that are pledged for such payment. The	27372
pledge shall be valid and binding from the time the pledge is	27373
made, and the anticipated excise taxes and revenues so pledged and	27374
thereafter received by the authority immediately shall be subject	27375
to the lien of that pledge without any physical delivery of those	27376
taxes and revenues or further act. The lien of any pledge is valid	27377
and binding as against all parties having claims of any kind in	27378
tort, contract, or otherwise against the authority, whether or not	27379
such parties have notice of the lien. Neither the resolution nor	27380
any trust agreement by which a pledge is created need be filed or	27381
recorded except in the authority's records.	27382

The anticipation bonds shall bear such date or dates, and	27383
shall mature at such time or times, in the case of any such notes	27384
or any renewals of such notes not exceeding twenty years from the	27385
date of issue of such original notes and in the case of any such	27386
bonds or any refunding bonds not exceeding forty years from the	27387
date of the original issue of notes or bonds for the purpose, and	27388
shall be executed in the manner that the resolution authorizing	27389
the bonds may provide. The anticipation bonds shall bear interest	27390
at such rates, or at a variable rate or rates changing from time	27391
to time, in accordance with provisions provided in the authorizing	27392
resolution, be in such denominations and form, either coupon or	27393
registered, carry such registration privileges, be payable in such	27394
medium of payment and at such place or places, and be subject to	27395
such terms of redemption, as the authority may authorize or	27396
provide.	27397

Sec. 353.09. A lake facilities authority at any time may	27398
issue lake facilities authority revenue bonds in such principal	27399
amounts as, in the opinion of the lake facilities authority, are	27400
necessary for the purpose of paying the cost of one or more lake	27401
facilities authority facilities or parts thereof. A lake	27402
facilities authority at any time may issue renewal notes, issue	27403
bonds to retire its notes and, whenever it considers refunding	27404
expedient, refund any bonds by the issuance of lake facilities	27405
authority revenue refunding bonds, whether the bonds to be	27406
refunded have or have not matured, and issue lake facilities	27407
authority revenue bonds partly to refund outstanding bonds and	27408
partly for any other authorized purpose. The lake facilities	27409
authority revenue refunding bonds shall be sold and the proceeds	27410
applied to the purchase, redemption, or payment of the bonds to be	27411
refunded. Lake facilities authority revenue bonds shall be special	27412
obligations of the lake facilities authority payable out of the	27413
revenues of the lake facilities authority that are pledged for	27414
such payment. The pledge shall be valid and binding from the time	27415
the pledge is made and the revenues so pledged and thereafter	27416
received by the lake facilities authority immediately shall be	27417
subject to the lien of the pledge without any physical delivery	27418
thereof or further act, and the lien of the pledge is valid and	27419
binding as against all parties having claims of any kind in tort,	27420
contract, or otherwise against the lake facilities authority,	27421
irrespective of whether those parties have notice thereof. Neither	27422
the resolution nor any trust agreement by which a pledge is	27423
created need be filed or recorded except in the records of the	27424
lake facilities authority.	27425

Whether or not the lake facilities authority revenue bonds	27426
are of such form and character as to be negotiable instruments,	27427
the lake facilities authority revenue bonds shall have all the	27428
qualities and incidents of negotiable instruments, subject only to	27429
the provisions of the bonds for registration.	27430

The lake facilities authority revenue bonds shall be	27431
authorized by resolution of the lake facilities authority, and	27432
shall bear interest at such rate or rates, shall bear such date or	27433
dates, and shall mature at such time or times, and in such number	27434
of installments as may be provided in or pursuant to that	27435
resolution. The final maturity of any lake facilities authority	27436
revenue bond in the form of a note and any renewals thereof shall	27437
not exceed five years from the date of issue of the original note.	27438
The final maturity of any issue of lake facilities authority	27439
revenue bonds shall not be later than forty-five years from the	27440
date of issue of the original issue of bonds. Any such bonds or	27441
notes shall be executed in a manner as the resolution or	27442
resolutions may provide. The lake facilities authority revenue	27443
bonds shall be in such denominations, be in such form, either	27444
coupon or registered, carry such registration privileges, be	27445
payable in such medium of payment, at such place or places, and be	27446
subject to such terms of redemption as may be provided in or	27447
pursuant to the resolution authorizing their issuance. Lake	27448
facilities authority revenue bonds of the lake facilities	27449
authority may be sold by the lake facilities authority, at public	27450
or private sale, at or at not less than a price or prices as the	27451
lake facilities authority determines. In case any officer whose	27452
signature or a facsimile of whose signature appears on any bonds,	27453
notes, or coupons, ceases to be such officer before delivery of	27454
bonds or notes, the signature or facsimile shall nevertheless be	27455
sufficient for all purposes the same as if the officer had	27456
remained in office until such delivery, and in case the seal of	27457
the lake facilities authority has been changed after a facsimile	27458
has been imprinted on such bonds or notes, the facsimile seal will	27459
continue to be sufficient for all purposes.	27460

Any resolution or resolutions authorizing any lake facilities	27461
authority revenue bonds or any issue of bonds may contain	27462
provisions, subject to any agreements with bondholders as may then	27463
exist, which provisions shall be a part of the contract with the	27464
holders of bonds, as to the pledging of all or any part of the	27465
revenues of the lake facilities authority to secure the payment of	27466
the lake facilities authority bonds or of any issue of the bonds;	27467
the use and disposition of revenues of the lake facilities	27468
authority; a covenant to fix, alter, and collect rentals and other	27469
charges so that pledged revenues will be sufficient to pay costs	27470
of operation, maintenance, and repairs, pay principal of and	27471
interest on bonds secured by the pledge of such revenues, and	27472
provide any reserves that may be required by the applicable	27473
resolution or trust agreement; the setting aside of reserve funds,	27474
sinking funds, or replacement and improvement funds and the	27475
regulation and disposition thereof; the crediting of the proceeds	27476
of the sale of bonds to and among the funds referred to or	27477
provided for in or pursuant to the resolution authorizing the	27478
issuance of the bonds or notes; the use, lease, sale, or other	27479
disposition of any lake facilities authority facility or any other	27480
assets of the lake facilities authority; limitations on the	27481
purpose to which the proceeds of sale of bonds may be applied and	27482
the pledging of those proceeds to secure the payment of the bonds	27483
or of any issue of the bonds; as to notes issued in anticipation	27484
of the issuance of bonds, the agreement of the lake facilities	27485
authority to do all things necessary for the authorization,	27486
issuance, and sale of the bonds in amounts that may be necessary	27487
for the timely retirement of the notes; limitations on the	27488
issuance of additional bonds; the terms upon which additional	27489
bonds may be issued and secured; the refunding of outstanding	27490
bonds; the procedure, if any, by which the terms of any contract	27491
with bondholders may be amended or abrogated, the amount of bonds	27492
the holders of which must consent thereto, and the manner in which	27493
such consent may be given; limitations on the amount of moneys to	27494
be expended by the lake facilities authority for operating,	27495
administrative, or other expenses of the lake facilities	27496
authority; securing any bonds or notes by a trust agreement; and	27497
any other matters, of like or different character, that in any way	27498
affect the security or protection of the bonds or notes.	27499

Neither the board of directors of the lake facilities	27500
authority nor any person executing the bonds shall be liable	27501
personally on the bonds or be subject to any personal liability or	27502
accountability by reason of the issuance thereof.	27503

The issuance of lake facilities authority revenue bonds under	27504
this section need not comply with any other law applicable to the	27505
issuance of bonds or notes.	27506

Sec. 353.10. (A) With respect to facilities, and their	27507
financing, for an authorized purpose, under agreements whereby the	27508
person to whom the facility is to be leased, subleased, or sold,	27509
or to whom a loan is to be made for the facility, is to make	27510
payments sufficient to pay all of the principal of, premium, if	27511
any, and interest on the lake facilities authority revenue bonds	27512
issued for the facility, the lake facilities authority, in	27513
addition to other powers under this chapter, may do any of the	27514
following:	27515

(1) Make loans for the acquisition or construction of the	27516
facility to such person upon such terms as the lake facilities	27517
authority may determine or authorize including secured or	27518
unsecured loans, and, in connection therewith, enter into loan	27519
agreements and other agreements, accept notes and other forms of	27520
obligation to evidence such indebtedness and mortgages, liens,	27521
pledges, assignments, or other security interests to secure such	27522
indebtedness, which may be prior or subordinate to or on a parity	27523
with other indebtedness, obligations, mortgages, pledges,	27524
assignments, other security interests, or liens or encumbrances,	27525
and take actions it considers appropriate to protect such security	27526
and safeguard against losses, including, without limitation,	27527
foreclosure and the bidding upon and purchase of property upon	27528
foreclosure or other sale;	27529

(2) Sell the facility under such terms as it may determine,	27530
including, without limitation, sale by conditional sale or	27531
installment sale, under which title may pass prior to or after	27532
completion of the facility or payment or provisions for payment of	27533
all principal of, premium, if any, and interest on the bonds, or	27534
at any other time provided in the agreement pertaining to the	27535
sale, and including sale under an option to purchase at a price	27536
which may be a nominal amount or less than true value at the time	27537
of purchase;	27538

(3) Grant a mortgage, lien, or other encumbrance on, or	27539
pledge or assignment of, or other security interest with respect	27540
to, all or any part of the facility, revenues, reserve funds, or	27541
other funds established in connection with the bonds, or on, of,	27542
or with respect to any lease, sublease, sale, conditional sale or	27543
installment sale agreement, loan agreement, or other agreement	27544
pertaining to the lease, sublease, sale, or other disposition of a	27545
facility or pertaining to a loan made for a facility, or any	27546
guaranty or insurance agreement made with respect thereto, or any	27547
interest of the lake facilities authority therein, or any other	27548
interest granted, assigned, or released to secure payments of the	27549
principal of, premium, if any, or interest on the bonds or to	27550
secure any other payments to be made by the lake facilities	27551
authority, which mortgage, lien, encumbrance, pledge, assignment,	27552
or other security interest may be prior or subordinate to or on a	27553
parity with any other mortgage, assignment, or other security	27554
interest, or lien or encumbrance;	27555

(4) Provide that the interest on the bonds may be at a	27556
variable rate or rates changing from time to time in accordance	27557
with a base or formula as authorized by the lake facilities	27558
authority;	27559

(5) Contract for the acquisition or construction of the	27560
facility or any part thereof and for the leasing, subleasing,	27561
sale, or other disposition of the facility in a manner determined	27562
by the lake facilities authority in its sole discretion, without	27563
necessity for competitive bidding or performance bonds;	27564

(6) Make appropriate provision for adequate maintenance of	27565
the facility.	27566

(B) With respect to the facilities referred to in this	27567
section, the authority granted by this section is cumulative and	27568
supplementary to all other authority granted in this chapter. The	27569
authority granted by this section does not alter or impair any	27570
similar authority granted elsewhere in this chapter for or with	27571
respect to other facilities.	27572

Sec. 353.11. In the discretion of the lake facilities	27573
authority, any lake facilities authority revenue bonds issued	27574
under this chapter may be secured by a trust agreement between the	27575
lake facilities authority and a corporate trustee that may be any	27576
trust company or bank having the powers of a trust company within	27577
or without the state.	27578

The trust agreement may pledge or assign revenues of the lake	27579
facilities authority to be received and may convey or mortgage any	27580
facility or any part thereof. The trust agreement or any	27581
resolution providing for the issuance of such bonds may contain	27582
any provisions for protecting and enforcing the rights and	27583
remedies of the bondholders as are reasonable and proper and not	27584
in violation of law, including covenants setting forth the duties	27585
of the lake facilities authority in relation to the acquisition of	27586
property, the construction, improvement, maintenance, repair,	27587
operation, and insurance of the facility in connection with which	27588
the bonds are authorized, the rentals or other charges to be	27589
imposed for the use or services of any facility, the custody,	27590
safeguarding, and application of all moneys, and provisions for	27591
the employment of consulting engineers in connection with the	27592
construction or operation of the facility.	27593

Any bank or trust company incorporated under the laws of this	27594
state that may act as depository of the proceeds of bonds or of	27595
revenues may furnish any indemnifying bonds or may pledge any	27596
securities that are required by the lake facilities authority. The	27597
trust agreement may set forth the rights and remedies of the	27598
bondholders and of the trustee, and may restrict the individual	27599
right of action by bondholders as is customary in trust agreements	27600
or trust indentures securing similar bonds. The trust agreement	27601
may contain any other provisions that the lake facilities	27602
authority determines reasonable and proper for the security of the	27603
bondholders. All expenses incurred in carrying out the provisions	27604
of the trust agreement may be treated as a part of the cost of the	27605
operation of the facility.	27606

Sec. 353.12. Any holder of lake facilities authority revenue	27607
bonds issued under sections 353.09 to 353.15 of the Revised Code,	27608
or any of the coupons pertaining to those bonds, and the trustee	27609
under any trust agreement, except to the extent the rights given	27610
by those sections may be restricted by the applicable resolution	27611
or that trust agreement, may by suit, action, mandamus, or other	27612
proceedings, protect and enforce any rights under the laws of the	27613
state or granted under those sections, the trust agreement, or the	27614
resolution authorizing the issuance of the bonds, and may enforce	27615
and compel the performance of all duties required by those	27616
sections, or by the trust agreement or resolution, to be performed	27617
by the lake facilities authority or any officer of the lake	27618
facilities authority, including the fixing, charging, and	27619
collecting of rentals or other charges.	27620

Sec. 353.13. Lake facilities authority revenue bonds issued	27621
under sections 353.09 to 353.15 of the Revised Code do not	27622
constitute a debt, or a pledge of the faith and credit, of the	27623
state or any political subdivision of the state. The holders or	27624
owners of the bonds have no right to have taxes levied by the	27625
general assembly or taxing authority of any political subdivision	27626
of the state for the payment of the principal of or interest on	27627
the bonds. The bonds are payable solely from the revenues and	27628
funds pledged for their payment as authorized by this chapter,	27629
unless the revenue bonds are notes issued in anticipation of the	27630
issuance of the bonds, or the revenue bonds are refunded by	27631
refunding bonds issued under section 353.09 of the Revised Code,	27632
provided that the refunding bonds shall be payable solely from	27633
revenues and funds pledged for their payment as authorized by that	27634
section. All bonds shall contain on the face thereof a statement	27635
to the effect that the bonds, as to both principal and interest,	27636
are not debts of the state or any political subdivision of the	27637
state, but are payable solely from revenues and funds pledged for	27638
their payment.	27639

Sec. 353.14. All moneys, funds, properties, and assets	27640
acquired by the lake facilities authority under this chapter,	27641
whether as proceeds from the sale of lake facilities authority	27642
revenue bonds or as revenues, or otherwise, shall be held by it in	27643
trust for the purposes of carrying out its powers and duties,	27644
shall be used and reused as provided in this chapter, and shall at	27645
no time be part of other public funds. Such funds, except as	27646
otherwise provided in any resolution authorizing its lake	27647
facilities authority revenue bonds or in any trust agreement	27648
securing those bonds, or except when invested pursuant to section	27649
353.15 of the Revised Code, shall be kept in depositories selected	27650
by the lake facilities authority in the manner provided in Chapter	27651
135. of the Revised Code for the selection of eligible public	27652
depositories, and the deposits shall be secured as provided in	27653
that chapter. The resolution authorizing the issuance of such	27654
bonds or the trust agreement securing the bonds shall provide that	27655
any officer to whom, or any bank or trust company to which, such	27656
money is paid shall act as trustee of the money and hold and apply	27657
the money for the purposes for which the bonds are issued, subject	27658
to such conditions as Chapter 135. of the Revised Code and such	27659
resolutions or trust agreement provide.	27660

Sec. 353.15. Except as otherwise provided in any resolution	27661
authorizing the issuance of its lake facilities authority revenue	27662
bonds or in any trust agreement securing the bonds, moneys in the	27663
funds of the lake facilities authority in excess of current needs	27664
may be invested as permitted by sections 135.01 to 135.21 of the	27665
Revised Code or invested in linked deposit programs established by	27666
resolution of the board of directors in accordance with section	27667
135.80 of the Revised Code. Income from all investments of moneys	27668
in any fund shall be credited to funds as the lake facilities	27669
authority determines, subject to the provisions of any such	27670
resolution or trust agreement, and the investments may be sold at	27671
any time the lake facilities authority determines.	27672

Sec. 353.16. Bonds of a lake facilities authority and lake	27673
facilities authority revenue bonds are lawful investments of	27674
banks, societies for savings, trust companies, savings and loan	27675
associations, deposit guaranty associations, trustees,	27676
fiduciaries, trustees or other officers having charge of the bond	27677
retirement funds or sinking funds of port authorities and	27678
political subdivisions, and taxing districts of this state, the	27679
commissioners of the sinking fund of this state, the administrator	27680
of workers' compensation, the state teachers retirement system,	27681
the school employees retirement system, the public employees	27682
retirement system, the Ohio police and fire pension fund, and	27683
insurance companies, including domestic life insurance companies	27684
and domestic insurance companies other than life, and are	27685
acceptable as security for the deposit of public moneys.	27686

Sec. 511.261. If a township park district enters into an	27687
agreement for the sale or lease of mineral rights regarding a park	27688
within the district, any royalties or other moneys resulting from	27689
the sale or lease shall be deposited into a special fund that the	27690
board of park commissioners shall establish under division (F) of	27691
section 5705.09 of the Revised Code. The fund shall be used	27692
exclusively for maintenance of parks within the district and for	27693
the acquisition of new park lands.	27694

Sec. 517.271. Notwithstanding section 517.22 of the Revised	27695
Code, the company, association, or religious society that most	27696
recently owned and operated a cemetery currently owned by a board	27697
of township trustees may petition the probate court of the county	27698
in which the cemetery is located to transfer the ownership of the	27699
cemetery to the petitioner.	27700

If the court determines that the petitioner has met all of	27701
the following conditions, the court shall transfer the ownership	27702
of the cemetery to the petitioner and shall order the board to	27703
give the petitioner all necessary records and documents concerning	27704
the cemetery, including records of the board's sale of any lots	27705
pursuant to section 517.07 of the Revised Code:	27706

(A) The petitioner has the financial resources necessary to	27707
operate and maintain the cemetery;	27708

(B) The petitioner is in compliance with all applicable laws	27709
and administrative rules concerning the owners and operators of	27710
cemeteries, including registration under section 4767.02 of the	27711
Revised Code; and	27712

27713

Sec. 715.013. (A) Except as otherwise expressly authorized by	27714
the Revised Code, no municipal corporation shall levy a tax that	27715
is the same as or similar to a tax levied under Chapter 322.,	27716
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	27717
5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5736.,	27718
5737., 5739., 5741., 5743., or 5749., or 5751. of the Revised	27719
Code.	27720

(B) This section does not prohibit a municipal corporation	27721
from levying a tax on any of the following:	27722

(1) Amounts received for admission to any place;

27723

(2) The income of an electric company or combined company, as	27724
defined in section 5727.01 of the Revised Code;	27725

(3) On and after January 1, 2004, the income of a telephone	27726
company, as defined in section 5727.01 of the Revised Code.	27727

Sec. 715.691. (A) As used in this section:

27728

(1) "Contracting party" means a municipal corporation that	27729
has entered into a joint economic development zone contract or any	27730
party succeeding to the municipal corporation, or a township that	27731
entered into a joint economic development zone contract with a	27732
municipal corporation.	27733

(2) "Zone" means a joint economic development zone designated	27734
under this section.	27735

(B) This section provides alternative procedures and	27736
requirements for creating and operating a joint economic	27737
development zone to those set forth in section 715.69 of the	27738
Revised Code. This section applies only if one of the contracting	27739
parties to the zone does not levy a municipal income tax under	27740
Chapter 718. of the Revised Code. A municipal corporation that	27741
does not levy a municipal income tax may enter into an agreement	27742
to create and operate a joint economic development zone under this	27743
section or under section 715.69 of the Revised Code.	27744

Two or more municipal corporations or one or more townships	27745
and one or more municipal corporations may enter into a contract	27746
whereby they agree to share in the costs of improvements for an	27747
area or areas located in one or more of the contracting parties	27748
that they designate as a joint economic development zone for the	27749
purpose of facilitating new or expanded growth for commercial or	27750
economic development in the state. The contract and zone shall	27751
meet the requirements of divisions (B) to (J) of this section.	27752

(C) The contract shall set forth each contracting party's	27753
contribution to the joint economic development zone. The	27754
contributions may be in any form that the contracting parties	27755
agree to, and may include, but are not limited to, the provision	27756
of services, money, or equipment. The contract may be amended,	27757
renewed, or terminated with the consent of the contracting	27758
parties. The contract shall continue in existence throughout the	27759
term it specifies and shall be binding on the contracting parties	27760
and on any entities succeeding to the contracting parties.	27761

(D) Before the legislative authority of any of the	27762
contracting parties enacts an ordinance or resolution approving a	27763
contract to designate a joint economic development zone, the	27764
legislative authority of each of the contracting parties shall	27765
hold a public hearing concerning the contract and zone. Each	27766
legislative authority shall provide at least thirty days' public	27767
notice of the time and place of the public hearing in a newspaper	27768
of general circulation in the municipal corporation or township.	27769
During the thirty-day period prior to the public hearing, all of	27770
the following documents shall be available for public inspection	27771
in the office of the clerk of the legislative authority of a	27772
municipal corporation that is a contracting party and in the	27773
office of the fiscal officer of a township that is a contracting	27774
party:	27775

(1) A copy of the contract designating the zone;

27776

(2) A description of the area or areas to be included in the	27777
zone, including a map in sufficient detail to denote the specific	27778
boundaries of the area or areas;	27779

(3) An economic development plan for the zone that includes a	27780
schedule for the provision of any new, expanded, or additional	27781
services, facilities, or improvements.	27782

A public hearing held under division (D) of this section	27783
shall allow for public comment and recommendations on the contract	27784
and zone. The contracting parties may include in the contract any	27785
of those recommendations prior to approval of the contract.	27786

(E) After the public hearings required under division (D) of	27787
this section have been held, each contracting party may enact an	27788
ordinance or resolution approving the contract to designate a	27789
joint economic development zone. After each contracting party has	27790
enacted an ordinance or resolution, the clerk of the legislative	27791
authority of a municipal corporation that is a contracting party	27792
and the fiscal officer of a township that is a contracting party	27793
shall file with the board of elections of each county within which	27794
a contracting party is located a copy of the ordinance or	27795
resolution approving the contract and shall direct the board of	27796
elections to submit the ordinance or resolution to the electors of	27797
the contracting party on the day of the next general, primary, or	27798
special election occurring at least ninety days after the	27799
ordinance or resolution is filed with the board of elections. If	27800
any of the contracting parties is a township, however, then only	27801
the township or townships shall submit the resolution to the	27802
electors.	27803

(F)(1) If a vote is required to approve a municipal	27804
corporation as a contracting party to a joint economic development	27805
zone under this section, the ballot shall be in the following	27806
form:	27807

"Shall the ordinance of the legislative authority of the	27808
(city or village) of (name of contracting party) approving the	27809
contract with (name of each other contracting party) for the	27810
designation of a joint economic development zone be approved?	27811

27812

		FOR THE ORDINANCE AND CONTRACT			27813
		AGAINST THE ORDINANCE AND CONTRACT	"		27814

27815

(2) If a vote is required to approve a township as a	27816
contracting party to a joint economic development zone under this	27817
section, the ballot shall be in the following form:	27818

"Shall the resolution of the board of township trustees of	27819
the township of (name of contracting party) approving the contract	27820
with (name of each other contracting party) for the designation of	27821
a joint economic development zone be approved?	27822

27823

		FOR THE RESOLUTION AND CONTRACT			27824
		AGAINST THE RESOLUTION AND CONTRACT	"		27825

27826

If a majority of the electors of each contracting party	27827
voting on the issue vote for the ordinance or resolution and	27828
contract, the ordinance or resolution shall become effective	27829
immediately and the contract shall go into effect immediately or	27830
in accordance with its terms.	27831

(G)(1) A board of directors shall govern each joint economic	27832
development zone created under section 715.691 of the Revised	27833
Code. The members of the board shall be appointed as provided in	27834
the contract. Each of the contracting parties shall appoint three	27835
members to the board. Terms for each member shall be for two	27836
years, each term ending on the same day of the month of the year	27837
as did the term that it succeeds. A member may be reappointed to	27838
the board.	27839

(2) Membership on the board is not the holding of a public	27840
office or employment within the meaning of any section of the	27841
Revised Code or any charter provision prohibiting the holding of	27842
other public office or employment. Membership on the board is not	27843
a direct or indirect interest in a contract or expenditure of	27844
money by a municipal corporation, township, county, or other	27845
political subdivision with which a member may be affiliated.	27846
Notwithstanding any provision of law or a charter to the contrary,	27847
no member of the board shall forfeit or be disqualified from	27848
holding any public office or employment by reason of membership on	27849
the board.	27850

(3) The board is a public body for the purposes of section	27851
121.22 of the Revised Code. Chapter 2744. of the Revised Code	27852
applies to the board and the zone.	27853

(H) The contract may grant to the board of directors	27854
appointed under division (G) of this section the power to adopt a	27855
resolution to levy an income tax within the zone. The income tax	27856
shall be used for the purposes of the zone and for the purposes of	27857
the contracting ~~municipal corporations~~parties pursuant to the	27858
contract. The income tax may be levied in the zone based on income	27859
earned by persons working within the zone and on the net profits	27860
of businesses located in the zone. The income tax is subject to	27861
Chapter 718. of the Revised Code, except that a vote shall be	27862
required by the electors residing in the zone to approve the rate	27863
of income tax unless a majority of the electors residing within	27864
the zone, as determined by the total number of votes cast in the	27865
zone for the office of governor at the most recent general	27866
election for that office, submit a petition to the board	27867
requesting that the election provided for in division (H)(1) of	27868
this section not be held. If no electors reside within the zone,	27869
then division (H)(3) of this section applies. The rate of the	27870
income tax shall be no higher than the highest rate being levied	27871
by a municipal corporation that is a party to the contract.	27872

(1) The board of directors may levy an income tax at a rate	27873
that is not higher than the highest rate being levied by a	27874
municipal corporation that is a party to the contract, provided	27875
that the rate of the income tax is first submitted to and approved	27876
by the electors of the zone at the succeeding regular or primary	27877
election, or a special election called by the board, occurring	27878
subsequent to ninety days after a certified copy of the resolution	27879
levying the income tax and calling for the election is filed with	27880
the board of elections. If the voters approve the levy of the	27881
income tax, the income tax shall be in force for the full period	27882
of the contract establishing the zone. No election shall be held	27883
under this section if a majority of the electors residing within	27884
the zone, determined as specified in division (H) of this section,	27885
submit a petition to that effect to the board of directors. Any	27886
increase in the rate of an income tax by the board of directors	27887
shall be approved by a vote of the electors of the zone and shall	27888
be in force for the remaining period of the contract establishing	27889
the zone.	27890

(2) Whenever a zone is located in the territory of more than	27891
one contracting party, a majority vote of the electors in each of	27892
the several portions of the territory of the contracting parties	27893
constituting the zone approving the levy of the tax is required	27894
before it may be imposed under division (H) of this section.	27895

(3) If no electors reside in the zone, no election for the	27896
approval or rejection of an income tax shall be held under this	27897
section, provided that where no electors reside in the zone, the	27898
rate of the income tax shall be no higher than the highest rate	27899
being levied by a municipal corporation that is a party to the	27900
contract.	27901

(4) The board of directors of a zone levying an income tax	27902
shall enter into an agreement with one of the municipal	27903
corporations that is a party to the contract to administer,	27904
collect, and enforce the income tax on behalf of the zone.	27905

(5) The board of directors of a zone shall publish or post	27906
public notice within the zone of any resolution adopted levying an	27907
income tax in the same manner required of municipal corporations	27908
under sections 731.21 and 731.25 of the Revised Code.	27909

(I)(1) If for any reason a contracting party reverts to or	27910
has its boundaries changed so that it is classified as a township	27911
that is the entity succeeding to that contracting party, the	27912
township is considered to be a municipal corporation for the	27913
purposes of the contract for the full period of the contract	27914
establishing the joint economic development zone, except that if	27915
that contracting party is administering, collecting, and enforcing	27916
the income tax on behalf of the district as provided in division	27917
(H)(4) of this section, the contract shall be amended to allow one	27918
of the other contracting parties to administer, collect, and	27919
enforce that tax.	27920

(2) Notwithstanding any other section of the Revised Code, if	27921
there is any change in the boundaries of a township so that a	27922
municipal corporation once located within the township is no	27923
longer so located, the township shall remain in existence even	27924
though its remaining unincorporated area contains less than	27925
twenty-two square miles, if the township has been or becomes a	27926
party to a contract creating a joint economic development zone	27927
under this section or the contract creating that joint economic	27928
development zone under this section is terminated or repudiated	27929
for any reason by any party or person. The township shall continue	27930
its existing status in all respects, including having the same	27931
form of government and the same elected board of trustees as its	27932
governing body. The township shall continue to receive all of its	27933
tax levies and sources of income as a township in accordance with	27934
any section of the Revised Code, whether the levies and sources of	27935
income generate millage within the ten-mill limitation or in	27936
excess of the ten-mill limitation. The name of the township may be	27937
changed to the name of the contracting party appearing in the	27938
contract creating a joint economic development zone under this	27939
section, so long as the name does not conflict with any other name	27940
in the state that has been certified by the secretary of state.	27941
The township shall have all of the powers set out in sections	27942
715.79, 715.80, and 715.81 of the Revised Code.	27943

(J) If, after creating and operating a joint economic	27944
development zone under this section, a contracting party that did	27945
not levy a municipal income tax under Chapter 718. of the Revised	27946
Code levies such a tax, the tax shall not apply to the zone for	27947
the full period of the contract establishing the zone, if the	27948
board of directors of the zone has levied an income tax as	27949
provided in division (H) of this section.	27950

Sec. 721.01. Municipal corporations have special power to	27951
sell or lease real estate or to sell personal property belonging	27952
to the municipal corporation, when such real estate or personal	27953
property is not needed for any municipal purpose. Such power shall	27954
be exercised in the manner provided by ~~sections 721.01 to 721.26,~~	27955
~~inclusive, of the Revised Code~~this chapter.	27956

Sec. 721.03. No contract, except as provided in section	27957
721.28 of the Revised Code, for the sale or lease of real estate	27958
belonging to a municipal corporation shall be made unless	27959
authorized by an ordinance, approved by a two-thirds vote of the	27960
members of the legislative authority of such municipal	27961
corporation, and by the board or officer having supervision or	27962
management of such real estate. When the contract is so	27963
authorized, it shall be made in writing by such board or officer,	27964
and, except as provided in section 721.27 or 721.29 of the Revised	27965
Code, only with the highest bidder, after advertisement once a	27966
week for five consecutive weeks in a newspaper of general	27967
circulation within the municipal corporation or as provided in	27968
section 7.16 of the Revised Code. Such board or officer may reject	27969
any bids and readvertise until all such real estate is sold or	27970
leased.	27971

Sec. 721.29. The legislative authority of a city may sell to	27972
a board of county commissioners real estate belonging to the city	27973
that is no longer needed for city purposes upon such lawful terms	27974
as are agreed upon between the city and the board of county	27975
commissioners, without competitive bidding as required by section	27976
721.03 of the Revised Code. No such sale shall be made unless the	27977
contract for the sale is authorized by ordinance, approved by a	27978
two-thirds vote of the members of the legislative authority of the	27979
city, and by the board or officer having supervision or management	27980
of the real estate.	27981

Sec. 731.091. (A) The legislative authority of a village may,	27982
by the adoption of an ordinance or resolution to eliminate	27983
staggered terms of office, determine that all members of the	27984
legislative authority shall be elected at the same municipal	27985
election as provided for in this section.	27986

(B) At the regular municipal election occurring not less than	27987
ninety days after the certification of the ordinance or resolution	27988
to the board of elections eliminating staggered terms of office,	27989
the following apply:	27990

(1) If there are six members of the legislative authority,	27991
~~three~~the number of members eligible for election at that regular	27992
municipal election shall be elected ~~at the next regular municipal~~	27993
~~election for~~to two-year nonstaggered terms, and all members of	27994
the legislative authority shall be elected to four-year	27995
nonstaggered terms at all following municipal elections.	27996

(2) If there are five members of the legislative authority,	27997
~~three~~a number of members that is one less than the number of	27998
members that would otherwise be eligible for election at that	27999
regular municipal election but for the first-time implementation	28000
of the new membership of five, or, in the case of a village that	28001
has previously reduced its number of members to five, then the	28002
number of members eligible for election at that regular municipal	28003
election shall be elected ~~at the next municipal election for~~to	28004
two-year nonstaggered terms, and all members shall be elected to	28005
four-year nonstaggered terms at all following municipal elections.	28006

Sec. 737.41. (A) The legislative authority of a municipal	28007
corporation in which is established a municipal court, other than	28008
a county-operated municipal court, that has a department of	28009
probation shall establish in the municipal treasury a municipal	28010
probation services fund. The fund shall contain all moneys paid to	28011
the treasurer of the municipal corporation under section 2951.021	28012
of the Revised Code for deposit into the fund. The treasurer of	28013
the municipal corporation shall disburse the money contained in	28014
the fund at the request of the municipal court department of	28015
probation, for use only by that department for specialized staff,	28016
purchase of equipment, purchase of services, reconciliation	28017
programs for offenders and victims, other treatment programs,	28018
including ~~alcohol and drug~~community addiction ~~programs~~services	28019
providers certified under section ~~3793.06~~5119.36 of the Revised	28020
Code, determined to be appropriate by the chief probation officer,	28021
and other similar expenses related to placing offenders under a	28022
community control sanction.	28023

(B) Any money in a municipal probation services fund at the	28024
end of a fiscal year shall not revert to the treasury of the	28025
municipal corporation but shall be retained in the fund.	28026

28027

(1) "County-operated municipal court" has the same meaning as	28028
in section 1901.03 of the Revised Code.	28029

(2) "Community control sanction" has the same meaning as in	28030
section 2929.01 of the Revised Code.	28031

Sec. 742.14. (A) The board of trustees of the Ohio police	28032
and fire pension fund shall have prepared triennially by or under	28033
the supervision of an actuary an actuarial valuation of the	28034
pension assets, liabilities, and funding requirements of the Ohio	28035
police and fire pension fund as established pursuant to sections	28036
742.01 to 742.61 of the Revised Code. The actuary shall complete	28037
the valuation in accordance with actuarial standards of practice	28038
promulgated by the actuarial standards board of the American	28039
academy of actuaries and prepare a report of the valuation. The	28040
report shall include all of the following:	28041

(1) A summary of the benefit provisions evaluated;

28042

(2) A summary of the census data and financial information	28043
used in the valuation;	28044

(3) A description of the actuarial assumptions, actuarial	28045
cost method, and asset valuation method used in the valuation,	28046
including a statement of the assumed rate of payroll growth and	28047
assumed rate of growth or decline in the number of members of the	28048
fund contributing to the pension fund;	28049

(4) A summary of findings that includes a statement of the	28050
actuarial accrued pension liabilities and unfunded actuarial	28051
accrued pension liabilities;	28052

(5) A schedule showing the effect of any changes in the	28053
benefit provisions, actuarial assumptions, or cost methods since	28054
the last triennial actuarial valuation;	28055

(6) A statement of whether employee and employer	28056
contributions to the pension fund are expected to be sufficient to	28057
satisfy the funding objectives established by the board.	28058

The first triennial report shall be made not later than	28059
November 1, 2013, to the Ohio retirement study council, the	28060
director of budget and management, and the standing committees of	28061
the house of representatives and the senate with primary	28062
responsibility for retirement legislation immediately upon its	28063
availability and thereafter triennially, not later than the first	28064
day of November.	28065

(B) At such times as the board determines, and at least once	28066
in each quinquennial period, the board shall have prepared by or	28067
under the supervision of an actuary an actuarial investigation of	28068
the mortality, service, and other experience of the members of the	28069
fund and of other system retirants, as defined in section 742.26	28070
of the Revised Code, who are members of a police department or a	28071
fire department to update the actuarial assumptions used in the	28072
actuarial valuation required by division (A) of this section. The	28073
actuary shall prepare a report of the actuarial investigation. The	28074
report shall be prepared and any recommended changes in actuarial	28075
assumptions shall be made in accordance with the actuarial	28076
standards of practice promulgated by the actuarial standards board	28077
of the American academy of actuaries. The report shall include all	28078
of the following:	28079

(1) A summary of relevant decrement and economic assumption	28080
experience observed over the period of the investigation;	28081

(2) Recommended changes in actuarial assumptions to be used	28082
in subsequent actuarial valuations required by division (A) of	28083
this section;	28084

(3) A measurement of the financial effect of the recommended	28085
changes in actuarial assumptions;	28086

(4) If the investigation required by this division includes	28087
the investigation required by division (E) of this section, a	28088
report of the result of that investigation.	28089

The board shall submit the report to the Ohio retirement	28090
study council and the standing committees of the house of	28091
representatives and the senate with primary responsibility for	28092
retirement legislation not later than the first day of November	28093
following the last fiscal year of the period the report covers.	28094

(C) The board shall have prepared by or under the supervision	28095
of an actuary an actuarial analysis of any introduced legislation	28096
expected to have a measurable financial impact on the pension	28097
fund. The actuarial analysis shall be completed in accordance with	28098
the actuarial standards of practice promulgated by the actuarial	28099
standards board of the American academy of actuaries. The actuary	28100
shall prepare a report of the actuarial analysis, which shall	28101
include all of the following:	28102

(1) A summary of the statutory changes that are being	28103
evaluated;	28104

(2) A description of or reference to the actuarial	28105
assumptions and actuarial cost method used in the report;	28106

(3) A description of the participant group or groups included	28107
in the report;	28108

(4) A statement of the financial impact of the legislation,	28109
including the resulting increase, if any, in the employer normal	28110
cost percentage; the increase, if any, in actuarial accrued	28111
liabilities; and the per cent of payroll that would be required to	28112
amortize the increase in actuarial accrued liabilities as a level	28113
per cent of covered payroll for all active members of the fund	28114
over a period not to exceed thirty years;	28115

(5) A statement of whether the scheduled contributions to the	28116
system after the proposed change is enacted are expected to be	28117
sufficient to satisfy the funding objectives established by the	28118
board.	28119

Not later than sixty days from the date of introduction of	28120
the legislation, the board shall submit a copy of the actuarial	28121
analysis to the legislative service commission, the standing	28122
committees of the house of representatives and the senate with	28123
primary responsibility for retirement legislation, and the Ohio	28124
retirement study council.	28125

(D) The board shall have prepared triennially a report giving	28126
a full accounting of the revenues and costs relating to the	28127
provision of benefits under section 742.45 of the Revised Code.	28128
The first triennial report shall be made as of December 31, 2013,	28129
and the thirty-first day of December triennially thereafter. The	28130
report shall include the following:	28131

(1) A description of the statutory authority for the benefits	28132
provided;	28133

(2) A summary of the benefits;

28134

(3) A summary of the eligibility requirements for the	28135
benefits;	28136

(4) A statement of the number of participants eligible for	28137
the benefits;	28138

(5) A description of the accounting, asset valuation, and	28139
funding method used to provide the benefits;	28140

(6) A statement of the net assets available for the provision	28141
of the benefits as of the last day of the fiscal year;	28142

(7) A statement of any changes in the net assets available	28143
for the provision of benefits, including participant and employer	28144
contributions, net investment income, administrative expenses, and	28145
benefits provided to participants, as of the last day of the	28146
fiscal year;	28147

(8) For the last six consecutive fiscal years, a schedule of	28148
the net assets available for the benefits, the annual cost of	28149
benefits, administrative expenses incurred, and annual employer	28150
contributions allocated for the provision of benefits;	28151

(9) A description of any significant changes that affect the	28152
comparability of the report required under this division;	28153

(10) A statement of the amount paid under division (B) of	28154
section 742.45 of the Revised Code.	28155

The board shall submit the report to the Ohio retirement	28156
study council, the director of budget and management, and the	28157
standing committees of the house of representatives and the senate	28158
with primary responsibility for retirement legislation immediately	28159
upon its availability and not later than the thirtieth day of June	28160
following the year for which the report was made.	28161

(E) At least once in each quinquennial period, the board	28162
shall have prepared by or under the supervision of an actuary an	28163
actuarial investigation of the deferred retirement option plan	28164
established under section 742.43 of the Revised Code. The	28165
investigation shall include an examination of the financial	28166
impact, if any, on the fund of offering the plan to members.	28167

The actuary shall prepare a report of the actuarial	28168
investigation. The report shall include a determination of whether	28169
the plan, as established or modified, has a negative financial	28170
impact on the fund and, if so, recommendations on how to modify	28171
the plan to eliminate the negative financial impact. If the	28172
actuarial report indicates that the plan has a negative financial	28173
impact on the fund, the board may modify the plan or cease to	28174
allow members who have not already done so to elect to participate	28175
in the plan. The firefighter and police officers employers'	28176
contributions shall not be increased to offset any negative	28177
financial impact of the plan.	28178

If the board ceases to allow members to elect to participate	28179
in the plan, the rights and obligations of members who have	28180
already elected to participate shall not be altered.	28181

The board may include the actuarial investigation required	28182
under this division as part of the actuarial investigation	28183
required under division (B) of this section. If the report of the	28184
actuarial investigation required by this division is not included	28185
in the report required by division (B) of this section, the board	28186
shall submit the report required by this division to the Ohio	28187
retirement study council and the standing committees of the house	28188
of representatives and the senate with primary responsibility for	28189
retirement legislation not later than the first day of November	28190
following the last fiscal year of the period the report covers.	28191

Sec. 743.50. (A) A municipal corporation that has established	28192
and implemented a watershed management program with regard to	28193
reservoirs for drinking water shall not include in the program any	28194
prohibition against maintenance of property that constitutes a	28195
buffer around a body of water that is part of such a reservoir by	28196
an owner of property that is contiguous to the buffer.	28197

(B) A municipal corporation that has established and	28198
implemented a watershed management program with regard to	28199
reservoirs for drinking water shall not include in the program any	28200
prohibition against mowing grass, weeds, or other vegetation on	28201
municipal property that constitutes a buffer around a body of	28202
water that is part of such a reservoir by owners of property	28203
contiguous to the buffer.	28204

(C) No peace officer or other official with authority to cite	28205
trespassers on municipal property described in this section may	28206
issue a civil or criminal citation to any individual who enters	28207
municipal property buffering a reservoir for the sole purpose of	28208
mowing grass, weeds, or other vegetation in an effort to beautify	28209
the municipal property that is contiguous to property owned by the	28210
individual.	28211

Sec. 755.06. (A) The board of park commissioners shall have	28212
the expenditures of all moneys appropriated by the legislative	28213
authority of the city or received from any other source for the	28214
purchase, acquisition, improvement, maintenance, equipment, or	28215
enjoyment of all property mentioned in section 755.05 of the	28216
Revised Code, but no liability shall be incurred or expenditure	28217
made unless the money required therefor is in the treasury to the	28218
credit of the park fund and not appropriated for any other	28219
purpose.	28220

(B) Notwithstanding division (A) of this section, if the	28221
legislative authority of a municipal corporation enters into an	28222
agreement for the sale or lease of mineral rights regarding lands	28223
that the board of park commissioners manages or controls, any	28224
royalties or other moneys resulting from the sale or lease shall	28225
be deposited into a special fund that the legislative authority	28226
shall establish under division (F) of section 5705.09 of the	28227
Revised Code. The board of park commissioners shall use the fund	28228
exclusively for maintenance of lands that the board manages or	28229
controls and for the acquisition of new park lands.	28230

Sec. 901.21. (A) As used in this section and section 901.22	28231
of the Revised Code:	28232

(1) "Agricultural easement" has the same meaning as in	28233
section 5301.67 of the Revised Code.	28234

(2) "Agriculture" means those activities occurring on land	28235
devoted exclusively to agricultural use, as defined in section	28236
5713.30 of the Revised Code, or on land that constitutes a	28237
homestead.	28238

(3) "Homestead" means the portion of a farm on which is	28239
located a dwelling house, yard, or outbuildings such as a barn or	28240
garage.	28241

(B) The director of agriculture may acquire real property	28242
used predominantly in agriculture and agricultural easements by	28243
gift, devise, or bequest if, at the time an easement is granted,	28244
such an easement is on land that is valued for purposes of real	28245
property taxation at its current value for agricultural use under	28246
section 5713.31 of the Revised Code or that constitutes a	28247
homestead. Any terms may be included in an agricultural easement	28248
so acquired that are necessary or appropriate to preserve on	28249
behalf of the grantor of the easement the favorable tax	28250
consequences of the gift, devise, or bequest under the "Internal	28251
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	28252
The director, by any such means or by purchase or lease, may	28253
acquire, or acquire the use of, stationary personal property or	28254
equipment that is located on land acquired in fee by the director	28255
under this section and that is necessary or appropriate for the	28256
use of the land predominantly in agriculture.	28257

(C) The director may include, in an agricultural easement	28258
acquired under division (B) of this section, a provision to	28259
preserve a unique natural or physical feature on the land so long	28260
as the use of the land remains predominantly agricultural.	28261

(D) The director may do all things necessary or appropriate	28262
to retain the use of real property acquired in fee under division	28263
(B) of this section predominantly in agriculture, including,	28264
without limitation, performing any of the activities described in	28265
division (A)(1) or (2) of section 5713.30 of the Revised Code or	28266
entering into contracts to lease or rent the real property so	28267
acquired to persons or governmental entities that will use the	28268
land predominantly in agriculture.	28269

~~(D)~~(E)(1) When the director considers it to be necessary or	28270
appropriate, the director may sell real property acquired in fee,	28271
and stationary personal property or equipment acquired by gift,	28272
devise, bequest, or purchase, under division (B) of this section	28273
on such terms as the director considers to be advantageous to this	28274
state.	28275

(2) An agricultural easement acquired under division (B) of	28276
this section may be extinguished under the circumstances	28277
prescribed, and in accordance with the terms and conditions set	28278
forth, in the instrument conveying the agricultural easement.	28279

~~(E)~~(F) There is hereby created in the state treasury the	28280
agricultural easement purchase fund. The fund shall consist of the	28281
proceeds received from the sale of real and personal property	28282
under division ~~(D)~~(E) of this section; moneys received due to the	28283
extinguishment of agricultural easements acquired by the director	28284
under division (B) of this section or section 5301.691 of the	28285
Revised Code; moneys received due to the extinguishment of	28286
agricultural easements purchased with the assistance of matching	28287
grants made under section 901.22 of the Revised Code; gifts,	28288
bequests, devises, and contributions received by the director for	28289
the purpose of acquiring agricultural easements; and grants	28290
received from public or private sources for the purpose of	28291
purchasing agricultural easements. The fund shall be administered	28292
by the director, and moneys in the fund shall be used by the	28293
director exclusively to purchase agricultural easements under	28294
division (A) of section 5301.691 of the Revised Code and provide	28295
matching grants under section 901.22 of the Revised Code to	28296
municipal corporations, counties, townships, soil and water	28297
conservation districts established under Chapter 1515. of the	28298
Revised Code, and charitable organizations described in division	28299
(B) of section 5301.69 of the Revised Code for the purchase of	28300
agricultural easements. Money in the fund shall be used only to	28301
purchase agricultural easements on land that is valued for	28302
purposes of real property taxation at its current value for	28303
agricultural use under section 5713.31 of the Revised Code or that	28304
constitutes a homestead when the easement is purchased.	28305

~~(F)~~(G) There is hereby created in the state treasury the	28306
clean Ohio agricultural easement fund. Twelve and one-half per	28307
cent of net proceeds of obligations issued and sold pursuant to	28308
sections 151.01 and 151.09 of the Revised Code shall be deposited	28309
into the fund. The fund shall be used by the director for the	28310
purposes of this section, section 901.22 of the Revised Code, and	28311
the provisions of sections 5301.67 to 5301.70 of the Revised Code	28312
governing agricultural easements. Investment earnings of the fund	28313
shall be credited to the fund and may be used to pay costs	28314
incurred by the director in administering those sections and	28315
provisions.	28316

~~(G)~~(H) The term of an agricultural easement purchased wholly	28317
or in part with money from the clean Ohio agricultural easement	28318
fund or the agricultural easement purchase fund shall be perpetual	28319
and shall run with the land.	28320

Sec. 901.22. (A) The director of agriculture, in accordance	28321
with Chapter 119. of the Revised Code, shall adopt rules that do	28322
all of the following:	28323

(1) Establish procedures and eligibility criteria for making	28324
matching grants to municipal corporations, counties, townships,	28325
soil and water conservation districts established under Chapter	28326
1515. of the Revised Code, and charitable organizations described	28327
in division (B) of section 5301.69 of the Revised Code for the	28328
purchase of agricultural easements. With respect to agricultural	28329
easements that are purchased or proposed to be purchased with such	28330
matching grants that consist in whole or in part of moneys from	28331
the clean Ohio agricultural easement fund created in section	28332
901.21 of the Revised Code, the rules shall establish all of the	28333
following:	28334

(a) Procedures for all of the following:

28335

(i) Soliciting and accepting applications for matching	28336
grants;	28337

(ii) Participation by local governments and by the public in	28338
the process of making matching grants to charitable organizations;	28339

(iii) Notifying local governments, charitable organizations,	28340
and organizations that represent the interests of farmers of the	28341
ranking system established in rules adopted under division	28342
(A)(1)(b) of this section.	28343

(b) A ranking system for applications for the matching grants	28344
that is based on the soil type, proximity of the land or other	28345
land that is conducive to agriculture as defined by rules adopted	28346
under this section and that is the subject of an application to	28347
other agricultural land or other land that is conducive to	28348
agriculture as defined by rules adopted under this section and	28349
that is already or is in the process of becoming permanently	28350
protected from development, farm stewardship, development	28351
pressure, and, if applicable, a local comprehensive land use plan	28352
involved with a proposed agricultural easement. The rules shall	28353
require that preference be given to proposed agricultural	28354
easements that involve the greatest proportion of all of the	28355
following:	28356

(i) Prime soils, unique or locally important soils,	28357
microclimates, or similar features;	28358

(ii) Land that is adjacent to or that is in close proximity	28359
to other agricultural land or other land that is conducive to	28360
agriculture as defined by rules adopted under this section and	28361
that is already or is in the process of becoming permanently	28362
protected from development, by agricultural easement or otherwise,	28363
so that a buffer would exist between the land involving the	28364
proposed agricultural easement and areas that have been developed	28365
or likely will be developed for purposes other than agriculture;	28366

(iii) The use of best management practices, including	28367
federally or state approved conservation plans, and a history of	28368
substantial compliance with applicable federal and state laws;	28369

(iv) Development pressure that is imminent, but not a result	28370
of current location in the direct path of urban development;	28371

(v) Areas identified for agricultural protection in local	28372
comprehensive land use plans.	28373

(c) Any other criteria that the director determines are	28374
necessary for selecting applications for matching grants;	28375

(d) Requirements regarding the information that must be	28376
included in the annual monitoring report that must be prepared for	28377
an agricultural easement under division (E)(2) of section 5301.691	28378
of the Revised Code, procedures for submitting a copy of the	28379
report to the office of farmland preservation in the department of	28380
agriculture, and requirements and procedures governing corrective	28381
actions that may be necessary to enforce the terms of the	28382
agricultural easement.	28383

(2) Establish provisions that shall be included in the	28384
instrument conveying to a municipal corporation, county, township,	28385
soil and water conservation district, or charitable organization	28386
any agricultural easement purchased with matching grant funds	28387
provided by the director under this section, including, without	28388
limitation, all of the following provisions:	28389

(a) A provision stating that an easement so purchased may be	28390
extinguished only if an unexpected change in the conditions of or	28391
surrounding the land that is subject to the easement makes	28392
impossible or impractical the continued use of the land for the	28393
purposes described in the easement, or if the requirements of the	28394
easement are extinguished by judicial proceedings;	28395

(b) A provision requiring that, upon the sale, exchange, or	28396
involuntary conversion of the land subject to the easement, the	28397
holder of the easement shall be paid an amount of money that is at	28398
least equal to the proportionate value of the easement compared to	28399
the total value of the land at the time the easement was acquired;	28400

(c) A provision requiring that, upon receipt of the portion	28401
of the proceeds of a sale, exchange, or involuntary conversion	28402
described in division (A)(2)(b) of this section, the municipal	28403
corporation, county, township, soil and water conservation	28404
district, or charitable organization remit to the director an	28405
amount of money equal to the percentage of the cost of purchasing	28406
the easement it received as a matching grant under this section.	28407

Moneys received by the director pursuant to rules adopted	28408
under division (A)(2)(c) of this section shall be credited to the	28409
agricultural easement purchase fund created in section 901.21 of	28410
the Revised Code.	28411

(3) Establish a provision that provides a charitable	28412
organization, municipal corporation, township, county, or soil and	28413
water conservation district with the option of purchasing	28414
agricultural easements either in installments or with a lump sum	28415
payment. The rules shall include a requirement that a charitable	28416
organization, municipal corporation, township, county, or soil and	28417
water conservation district negotiate with the seller of the	28418
agricultural easement concerning any installment payment terms,	28419
including the dates and amounts of payments and the interest rate	28420
on the outstanding balance. The rules also shall require the	28421
director to approve any method of payment that is undertaken in	28422
accordance with the rules adopted under division (A)(3) of this	28423
section.	28424

(4) Establish any other requirements that the director	28425
considers to be necessary or appropriate to implement or	28426
administer a program to make matching grants under this section	28427
and monitor those grants.	28428

(B) The director may develop guidelines regarding the	28429
acquisition of agricultural easements by the department of	28430
agriculture and the provisions of instruments conveying those	28431
easements. The director may make the guidelines available to	28432
public and private entities authorized to acquire and hold	28433
agricultural easements.	28434

(C) The director may provide technical assistance in	28435
developing a program for the acquisition and monitoring of	28436
agricultural easements to public and private entities authorized	28437
to hold agricultural easements. The technical assistance may	28438
include, without limitation, reviewing and providing advisory	28439
recommendations regarding draft instruments conveying agricultural	28440
easements.	28441

(D)(1) The director may make matching grants from the	28442
agricultural easement purchase fund and the clean Ohio	28443
agricultural easement fund to municipal corporations, counties,	28444
townships, soil and water conservation districts, and charitable	28445
organizations to assist those political subdivisions and	28446
charitable organizations in purchasing agricultural easements.	28447
Application for a matching grant shall be made on forms prescribed	28448
and provided by the director. The matching grants shall be made in	28449
compliance with the criteria and procedures established in rules	28450
adopted under this section. Instruments conveying agricultural	28451
easements purchased with matching grant funds provided under this	28452
section, at a minimum, shall include the mandatory provisions set	28453
forth in those rules.	28454

Matching grants made under this division using moneys from	28455
the clean Ohio agricultural easement fund created in section	28456
901.21 of the Revised Code may provide up to seventy-five per cent	28457
of the value of an agricultural easement as determined by a	28458
general real estate appraiser who is certified under Chapter 4763.	28459
of the Revised Code or as determined through a points-based	28460
appraisal system established under division (D)(2) of this	28461
section. Not less than twenty-five per cent of the value of the	28462
agricultural easement shall be provided by the recipient of the	28463
matching grant or donated by the person who is transferring the	28464
easement to the grant recipient. The amount of such a matching	28465
grant used for the purchase of a single agricultural easement	28466
shall not exceed one million dollars.	28467

(2) The director shall establish a points-based appraisal	28468
system for the purposes of division (D)(1) of this section. The	28469
director may include any or all of the following factors in the	28470
system:	28471

(a) Whether the applicable county auditor has determined that	28472
the land is land that is devoted exclusively to agriculture for	28473
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	28474

(b) Changes in land values following the completion of the	28475
applicable county auditor's reappraisal or triennial update;	28476

28477

(d) Proximity of the land to land that is already subject to	28478
an agricultural easement, conservation easement created under	28479
sections 5301.67 to 5301.70 of the Revised Code, or similar	28480
land-use limitation;	28481

(e) Proximity of the land to water and sewer lines, road	28482
interchanges, and nonagricultural development;	28483

(f) Parcel size and roadway frontage of the land;

28484

(g) Existence of an agreement entered into under division (D)	28485
of section 1515.08 of the Revised Code or of an operation and	28486
management plan developed under division (A) of section 1511.021	28487
of the Revised Code;	28488

(h) Existence of a comprehensive plan that is adopted under	28489
section 303.02 or 519.02 of the Revised Code or that is adopted by	28490
the planning commission of a municipal corporation under section	28491
713.06 of the Revised Code;	28492

(i) Any other factors that the director determines are	28493
necessary for inclusion in the system.	28494

(E) An agricultural easement acquired as a result of a	28495
matching grant awarded under division (D) of this section may	28496
include a provision to preserve a unique natural or physical	28497
feature on the land so long as the use of the land remains	28498
predominantly agricultural.	28499

(F) For any agricultural easement purchased with a matching	28500
grant that consists in whole or in part of moneys from the clean	28501
Ohio agricultural easement fund, the director shall be named as a	28502
grantee on the instrument conveying the easement, as shall the	28503
municipal corporation, county, township, soil and water	28504
conservation district, or charitable organization that receives	28505
the grant.	28506

~~(F)~~(G)(1) The director shall monitor and evaluate the	28507
effectiveness and efficiency of the agricultural easement program	28508
as a farmland preservation tool. On or before July 1, 1999, and	28509
the first day of July of each year thereafter, the director shall	28510
prepare and submit a report to the chairpersons of the standing	28511
committees of the senate and the house of representatives that	28512
consider legislation regarding agriculture. The report shall	28513
consider and address the following criteria to determine the	28514
program's effectiveness:	28515

(a) The number of agricultural easements purchased during the	28516
preceding year;	28517

(b) The location of those easements;

28518

(c) The number of acres of land preserved for agricultural	28519
use;	28520

(d) The amount of money used by a municipal corporation,	28521
township, county, or soil and water conservation district from any	28522
fund to purchase the agricultural easements;	28523

(e) The number of state matching grants given to purchase the	28524
agricultural easements;	28525

(f) The amount of state matching grant moneys used to	28526
purchase the agricultural easements.	28527

(2) The report also shall consider and include, at a minimum,	28528
the following information for each county to determine the	28529
program's efficiency:	28530

(a) The total number of acres in the county;

28531

(b) The total number of acres in current agricultural use;

28532

(c) The total number of acres preserved for agricultural use	28533
in the preceding year;	28534

(d) The average cost, per acre, of land preserved for	28535
agricultural use in the preceding year.	28536

Sec. 901.23. (A) There is hereby created the farmland	28537
preservation advisory board consisting of twelve voting members	28538
appointed by the director of agriculture as follows:	28539

(1) One member who is a county commissioner or a	28540
representative of a statewide organization that represents county	28541
commissioners;	28542

(2) One member who is a township trustee or a representative	28543
of a statewide organization that represents township trustees;	28544

(3) One representative of the Ohio state university;

28545

(4) One representative of a ~~national~~ nonprofit organization	28546
dedicated to the preservation of farmland;	28547

(5) One representative each of development, environmental,	28548
planning, and soil and water conservation interests;	28549

(6) One farmer from each of the state's four quadrants.

28550

Terms of office shall be staggered and shall be for three	28551
years, with each term ending on the same day of the same month as	28552
did the term that it succeeds. Each member shall hold office from	28553
the date of appointment until the end of the term for which the	28554
member was appointed, except that the term of any member who is a	28555
county commissioner or township trustee shall end when the member	28556
ceases to serve as a county commissioner or township trustee.	28557

Members may be reappointed. Vacancies shall be filled in the	28558
manner provided for original appointments. Any member appointed to	28559
fill a vacancy occurring prior to the expiration date of the term	28560
for which the member was appointed shall serve for the remainder	28561
of that term. A member shall continue to serve subsequent to the	28562
expiration date of the member's term until the member's successor	28563
takes office or until a period of sixty days has elapsed,	28564
whichever occurs first. Members shall serve at the pleasure of the	28565
director.	28566

The executive director of the office of farmland preservation	28567
in the department of agriculture or another employee of the	28568
department who is designated by the director shall serve as the	28569
nonvoting chairperson of the board. The director annually shall	28570
designate one member of the board to serve as its	28571
vice-chairperson. The board may adopt bylaws governing its	28572
operation and shall meet at a time when the director, or the	28573
director's designee, considers it appropriate in order for the	28574
board to provide advice as required under division (B) of this	28575
section.	28576

(B) The board shall provide advice to the director regarding	28577
all of the following:	28578

(1) The design and implementation of an agricultural easement	28579
purchase program;	28580

(2) The selection of applications that will be awarded	28581
matching grants under division (D) of section 901.22 of the	28582
Revised Code for the purchase of agricultural easements;	28583

(3) The design and implementation of any other statewide	28584
farmland protection measures that the director considers	28585
appropriate.	28586

(C) Serving as a member of the board does not constitute	28587
holding a public office or position of employment under the laws	28588
of this state and does not constitute grounds for removal of	28589
public officers or employees from their offices or positions of	28590
employment.	28591

(D) A board member shall be reimbursed for actual and	28592
necessary expenses incurred in the discharge of duties as a board	28593
member.	28594

Sec. 903.11. (A) The director of agriculture may enter into	28595
contracts or agreements to carry out the purposes of this chapter	28596
with any public or private person, including ~~the Ohio state~~	28597
~~university~~OSU extension ~~service~~, the natural resources	28598
conservation service in the United States department of	28599
agriculture, the environmental protection agency, the division of	28600
soil and water resources in the department of natural resources,	28601
and soil and water conservation districts established under	28602
Chapter 1515. of the Revised Code. However, the director shall not	28603
enter into a contract or agreement with a private person for the	28604
review of applications for permits to install, permits to operate,	28605
NPDES permits, or review compliance certificates that are issued	28606
under this chapter or for the inspection of a facility regulated	28607
under this chapter or with any person for the issuance of any of	28608
those permits or certificates or for the enforcement of this	28609
chapter and rules adopted under it.	28610

(B) The director may administer grants and loans using moneys	28611
from the federal government and other sources, public or private,	28612
for carrying out any of the director's functions. Nothing in this	28613
chapter shall be construed to limit the eligibility of owners or	28614
operators of animal feeding facilities or other agricultural	28615
enterprises to receive moneys from the water pollution control	28616
loan fund established under section 6111.036 of the Revised Code	28617
and the nonpoint source pollution management fund established	28618
under section 6111.037 of the Revised Code.	28619

The director of agriculture shall provide the director of	28620
environmental protection with written recommendations for	28621
providing financial assistance from those funds to agricultural	28622
enterprises. The director of environmental protection shall	28623
consider the recommendations in developing priorities for	28624
providing financial assistance from the funds.	28625

Sec. 903.30. (A) No person shall violate division (B)(1),	28626
(C)(1), (K), or (M)(1) or (2) of section 903.08 of the Revised	28627
Code or the NPDES provisions of a permit to operate.	28628

(B) No person shall violate or fail to perform any duty	28629
required by sections 903.01 to 903.07 and 903.12 of the Revised	28630
Code, violate a rule, or violate an order or term or condition of	28631
a permit issued by the director of agriculture under those	28632
sections or rules.	28633

(C) The attorney general, upon the written request of the	28634
director, shall prosecute any person who violates division (A) or	28635
(B) of this section.	28636

Sec. 903.99. (A) Whoever negligently violates division	28637
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	28638
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	28639
~~degree on a first offense, a misdemeanor of the second degree on a~~	28640
~~second offense, and a misdemeanor of the first degree on a third~~	28641
~~or subsequent offense. Each ten-day period that the offense~~	28642
~~continues~~shall be fined not more than ten thousand dollars or	28643
imprisoned for not more than ninety days, or both. Each day of	28644
violation constitutes a separate offense. For purposes of this	28645
division, notwithstanding division (D) of section 2901.22 of the	28646
Revised Code, a person acts negligently when, because of a lapse	28647
from due care, the person fails to perceive or avoid a risk that	28648
the person's conduct may cause a certain result or may be of a	28649
certain nature. A person is negligent with respect to	28650
circumstances when, because of a lapse from due care, the person	28651
fails to perceive or avoid a risk that such circumstances may	28652
exist.	28653

(B) Whoever recklessly violates ~~the terms and conditions of a~~	28654
~~permit to install issued under section 903.02 of the Revised Code~~	28655
~~or of a permit to operate issued under section 903.03 of the~~	28656
~~Revised Code,~~ division (A) or (B)~~(1), (C)(1), or (M)(1) or (2) of~~	28657
~~section 903.08 of the Revised Code, or the NPDES provisions of a~~	28658
~~permit to operate shall be fined not more than twenty-five~~	28659
~~thousand dollars.~~of section 903.30 of the Revised Code shall be	28660
fined not more than ten thousand dollars or imprisoned for not	28661
more than one year, or both. Each day of violation constitutes a	28662
separate offense.	28663

(C) Whoever knowingly violates division ~~(K)~~(A) or (B) of	28664
section ~~903.08~~903.30 of the Revised Code is guilty of a felony	28665
and shall be fined not more than twenty-five thousand dollars or	28666
imprisoned for not more than three years, or both. Each day of	28667
violation constitutes a separate offense.	28668

Sec. 905.06. The director of agriculture shall:

28669

(A) Gather information on the performance of various	28670
agricultural additives, including distributors' and manufacturers'	28671
claims, the results of investigation or research on additives, and	28672
the conditions when they are useful, and make the information	28673
available to the public;	28674

(B) Provide and distribute, in cooperation with ~~the~~	28675
~~agricultural~~OSU extension ~~service~~, information on the use of	28676
agricultural additives;	28677

(C) Provide for the prompt and thorough investigation of	28678
written complaints received concerning agricultural additives.	28679

Sec. 909.15. All moneys from registration fees and from	28680
fines imposed and recovered under sections 909.01 to 909.18 of the	28681
Revised Code, shall be paid to the director of agriculture, who	28682
shall deposit such moneys in the state treasury to the credit of	28683
the ~~general revenue~~plant pest program fund created in section	28684
927.54 of the Revised Code.	28685

Sec. 924.02. The director of agriculture, subject to	28686
sections 924.01 to 924.16 and Chapter 119. of the Revised Code,	28687
shall do all of the following:	28688

(A) Establish procedures by which producers of Ohio	28689
agricultural commodities may propose, develop, and operate	28690
marketing programs to:	28691

(1) Promote the sale and use of their products;

28692

(2) Develop new uses and markets for such products;

28693

(3) Improve the methods of distributing such products to	28694
consumers;	28695

(4) Standardize the quality of such products for specific	28696
uses.	28697

(B) Adopt and enforce rules to put into effect the intent of	28698
sections 924.01 to 924.16 of the Revised Code;	28699

(C) ~~Determine~~Except as provided in section 924.06 of the	28700
Revised Code, determine the eligibility of producers to	28701
participate in referendums and other procedures that may be	28702
required to establish marketing programs for agricultural	28703
commodities.	28704

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	28705
~~proposed amendment to an agricultural commodity marketing program~~	28706
~~established before April 10, 1985, the director of agriculture~~	28707
~~shall determine by a referendum whether the eligible producers~~	28708
~~favor the proposed amendment to the program. Any proposed~~	28709
~~amendment to a marketing program established before April 10,~~	28710
~~1985, is favored by the producers of the agricultural commodity~~	28711
~~which would be affected by the proposed amendment if either of the~~	28712
~~following occurs:~~	28713

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	28714
~~the producers who vote in the referendum, vote in favor of the~~	28715
~~amendment, and represent a majority of the volume of the affected~~	28716
~~commodity that was produced in the preceding marketing year by all~~	28717
~~producers who voted in the referendum;~~	28718

~~(2) A majority of the producers who vote in the referendum,~~	28719
~~vote in favor of the amendment and represent sixty-six and~~	28720
~~two-thirds per cent, or more, of the volume of the affected~~	28721
~~commodity that was produced in the preceding marketing year by all~~	28722
~~the producers who voted in the referendum.~~	28723

~~(B)~~ Within ninety days after ~~he has approved~~approving an	28724
agricultural commodity marketing program proposed on or after	28725
~~April 10, 1985~~the effective date of this amendment, or a proposed	28726
amendment to ~~such a~~an agricultural commodity marketing program,	28727
the director of agriculture shall determine by a referendum	28728
whether the eligible producers favor the proposed marketing	28729
program or amendment. Any such marketing program or amendment to	28730
~~such~~ a marketing program is favored by the producers of the	28731
agricultural commodity that would be affected by the proposed	28732
program or amendment if a majority of the producers who vote in	28733
the referendum vote in favor of the program or amendment.	28734

~~(C)~~(B) If the producers who vote in any referendum held	28735
pursuant to this section do not favor a proposed marketing	28736
program, or proposed amendment to a program, the director shall	28737
hold no additional referendum on that proposed program or proposed	28738
amendment during the ten months following the close of the	28739
referendum at which the producers did not favor that proposed	28740
program or amendment.	28741

~~(D)~~(C) In any referendum held pursuant to this section, each	28742
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	28743
would be affected by the proposed marketing program, or amendment	28744
to a program, is entitled to one vote.	28745

~~(E)~~(D) In any referendum held on an agricultural commodity	28746
marketing program, or a proposed amendment to such a program,	28747
votes may be cast in person or by mailing a ballot to a polling	28748
place designated by the director. The director shall establish a	28749
three-day period during which eligible producers may vote in	28750
person during normal business hours at polling places designated	28751
by the director. The director or other appropriate person shall	28752
send a mail-in ballot by ordinary first-class mail to any eligible	28753
producer who requests one by calling the toll-free telephone	28754
number or sending in the ballot request form provided for in	28755
division ~~(F)~~(E) of this section, by calling one of the polling	28756
places designated by the director, or by any additional method	28757
that the director or operating committee may provide. No ballot	28758
returned by mail shall be valid if it is postmarked later than the	28759
third day of the election period established by the director.	28760

~~(F)~~(E) For any referendum held on an agricultural commodity	28761
marketing program, or a proposed amendment to such a program, the	28762
director or operating committee shall cause a ballot request form	28763
to be published at least thirty days before the beginning of the	28764
election period established under division ~~(E)~~(D) of this section	28765
in at least two appropriate periodicals designated by the	28766
director, and shall make the form available for reproduction to	28767
any interested group or association. The director shall provide a	28768
toll-free telephone number that producers may call to request a	28769
ballot.	28770

(F) For the purposes of a referendum held on an egg marketing	28771
program or a proposed amendment to such a program under this	28772
section, an eligible producer is a person who is in the business	28773
of producing and marketing, or causing to be produced and	28774
marketed, eggs from a flock of more than seventy-five thousand	28775
domesticated chickens and, if the referendum is held on a proposed	28776
amendment to an egg marketing program, is subject to an assessment	28777
under the program.	28778

Sec. 927.54. The plant pest program fund is hereby created in	28779
the state treasury. The fund shall consist of money credited to it	28780
under section 909.15 of the Revised Code and under this chapter	28781
and any rules adopted under it. The director of agriculture shall	28782
use money in the fund to administer this chapter and Chapter 909.	28783
of the Revised Code.	28784

The director shall keep accurate records of all receipts into	28785
and disbursements from the fund and shall prepare, and provide	28786
upon request, an annual report classifying the receipts and	28787
disbursements that pertain to plant pests.	28788

Sec. 935.01. As used in this chapter:

28789

(A) "Board of health" means the board of health of a city or	28790
general health district or the authority having the duties of a	28791
board of health in any city authorized by section 3709.05 of the	28792
Revised Code.	28793

(B) "Circus" means a traveling show to which all of the	28794
following apply:	28795

(1) It is licensed by the United States department of	28796
agriculture under the federal animal welfare act.	28797

(2) It presents dangerous wild animals, restricted snakes, or	28798
both in a public performance as its own event or as part of a fair	28799
or carnival.	28800

(3) It does not allow physical contact between the public and	28801
the dangerous wild animals or restricted snakes possessed by it.	28802
Division (B)(3) of this section does not apply to rides or other	28803
interactions between the public and an elephant, provided that	28804
such a ride or other interaction is under the direct supervision	28805
of an experienced animal handler.	28806

(4) It is in the state for less than sixty-five days each	28807
year.	28808

(C) "Dangerous wild animal" means any of the following,	28809
including hybrids unless otherwise specified:	28810

(1) Hyenas;

28811

(2) Gray wolves, excluding hybrids;

28812

(3) Lions;

28813

(4) Tigers;

28814

(5) Jaguars;

28815

(6) Leopards, including clouded leopards, Sunda clouded	28816
leopards, and snow leopards;	28817

(7) All of the following, including hybrids with domestic	28818
cats unless otherwise specified:	28819

(a) Cheetahs;

28820

(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and	28821
Iberian lynxes;	28822

28823

(d) Caracals;

28824

(e) Servals, excluding hybrids with domestic cats commonly	28825
known as savannah cats.	28826

(8) Bears;

28827

(9) Elephants;

28828

(10) Rhinoceroses;

28829

(11) Hippopotamuses;

28830

(12) Cape buffaloes;

28831

(13) African wild dogs;

28832

(14) Komodo dragons;

28833

(15) Alligators;

28834

(16) Crocodiles;

28835

(17) Caimans, excluding dwarf caimans;

28836

(18) Gharials;

28837

(19) Nonhuman primates other than lemurs and the nonhuman	28838
primates specified in division (C)(20) of this section;	28839

(20) All of the following nonhuman primates:

28840

(a) Golden lion, black-faced lion, golden-rumped lion,	28841
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's	28842
tamarins;	28843

(b) Southern and northern night monkeys;

28844

28845

(d) Muriquis;

28846

(e) Goeldi's monkeys;

28847

(f) White-faced, black-bearded, white-nose bearded, and monk	28848
sakis;	28849

(g) Bald and black uakaris;

28850

(h) ~~Black-handed, white-bellied, brown-headed, and black~~	28851
~~spider monkeys;~~	28852

~~(i)~~ Common woolly monkeys;

28853

~~(j)~~(i) Red, black, and mantled howler monkeys.

28854

"Dangerous wild animal" does not include a domesticated	28855
animal that is considered livestock as defined in section 901.70	28856
of the Revised Code.	28857

(D) "Federal animal welfare act" has the same meaning as in	28858
section 959.131 of the Revised Code.	28859

(E) "Felony drug abuse offense" has the same meaning as in	28860
section 2925.01 of the Revised Code.	28861

(F) "Health district" means a city or general health district	28862
created by or under the authority of Chapter 3709. of the Revised	28863
Code.	28864

(G) "Humane society" means an organization that is organized	28865
under section 1717.05 of the Revised Code.	28866

(H) "Law enforcement officer" means a sheriff, deputy	28867
sheriff, constable, police officer of a township or joint police	28868
district, marshal, deputy marshal, municipal police officer, or	28869
state highway patrol trooper.	28870

(I) "Natural resources law enforcement officers" means peace	28871
officers as specified in division (A)(6) of section 109.71 of the	28872
Revised Code and employees of the division of wildlife specified	28873
in sections 1531.13 and 1531.14 of the Revised Code.	28874

(J) "Offense of violence" has the same meaning as in section	28875
2901.01 of the Revised Code.	28876

(K) "Rescue facility" means a nonprofit organization as	28877
described in section 170 of the "Internal Revenue Code of 1986,"	28878
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place	28879
of refuge where abused, neglected, unwanted, impounded, abandoned,	28880
orphaned, or displaced dangerous wild animals are provided care	28881
for their lifetime or released back to their natural habitat, and,	28882
with respect to an animal possessed by the organization, that does	28883
not do any of the following:	28884

(1) Sell, trade, or barter the animal or the animal's body	28885
parts;	28886

(2) Use the animal in any manner for profit;

28887

(3) Breed the animal;

28888

(4) Allow the public the opportunity to come into contact	28889
with the animal.	28890

(L) "Restricted snake" means any of the following:

28891

(1) All of the following constricting snakes that are twelve	28892
feet or longer:	28893

(a) Green anacondas;

28894

(b) Yellow anacondas;

28895

28896

(d) Indian pythons;

28897

(e) Burmese pythons;

28898

(f) North African rock pythons;

28899

(g) South African rock pythons;

28900

(h) Amethystine pythons.

28901

(2) Species of the following families:

28902

(a) Atractaspididae;

28903

(b) Elapidae;

28904

28905

(3) Boomslang snakes;

28906

(4) Twig snakes.

28907

(M) "Rule" means a rule adopted under section 935.17 of the	28908
Revised Code.	28909

(N) "Veterinarian" means a person who is licensed under	28910
Chapter 4741. of the Revised Code.	28911

(O) "Wildlife sanctuary" means a nonprofit organization as	28912
described in section 170 of the "Internal Revenue Code of 1986,"	28913
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or	28914
verified by the global federation of animal sanctuaries, that	28915
operates a place of refuge where abused, neglected, unwanted,	28916
impounded, abandoned, orphaned, or displaced dangerous wild	28917
animals or restricted snakes are provided care for their lifetime	28918
or released back to their natural habitat, and, with respect to an	28919
animal or snake possessed by the organization, that does not do	28920
any of the following:	28921

(1) Use or allow the use of the animal or snake for any type	28922
of entertainment or in a traveling exhibit;	28923

(2) Sell, trade, lease, loan, or barter the animal or snake	28924
or the animal's or snake's body parts;	28925

(3) Use or allow the use of the animal or snake in any manner	28926
for profit;	28927

(4) Breed the animal or snake;

28928

(5) Allow the public the opportunity to come into physical	28929
contact with the animal or snake.	28930

Sec. 935.03. (A) Division (A) of section 935.02 of the	28931
Revised Code does not apply to any of the following:	28932

(1) A person to which all of the following apply:

28933

(a) The person possesses a dangerous wild animal.

28934

(b) The person has been issued a license by the United States	28935
department of agriculture under the federal animal welfare act.	28936

(c) The director of agriculture has determined that the	28937
person is in the process of becoming an accredited member of the	28938
association of zoos and aquariums or the zoological association of	28939
America.	28940

(d) The director has informed the person that the person is	28941
exempt from division (A) of section 935.02 of the Revised Code.	28942

(2) An organization to which all of the following apply:

28943

(a) The organization possesses a dangerous wild animal.

28944

(b) The director has determined that the organization is in	28945
the process of being accredited or verified by the global	28946
federation of animal sanctuaries as a wildlife sanctuary.	28947

(c) The director has informed the organization that it is	28948
exempt from division (A) of section 935.02 of the Revised Code.	28949

(3) A person whose possession of a dangerous wild animal is	28950
authorized by an unexpired permit issued under this chapter.	28951

(B) Except for the purposes of divisions (A) and (B) of	28952
section 935.04 of the Revised Code, this chapter does not apply to	28953
any of the following:	28954

(1) A facility that is an accredited member of the	28955
association of zoos and aquariums or the zoological association of	28956
America and that is licensed by the United States department of	28957
agriculture under the federal animal welfare act;	28958

(2) A research facility as defined in the federal animal	28959
welfare act;	28960

(3) A research facility that is accredited by the association	28961
for the assessment and accreditation of laboratory animal care	28962
international;	28963

(4) A circus;

28964

(5) A wildlife rehabilitation facility that is issued a	28965
permit by the chief of the division of wildlife in rules adopted	28966
under section 1531.08 of the Revised Code and that rehabilitates	28967
dangerous wild animals or restricted snakes that are native to the	28968
state for the purpose of reintroduction into the wild;	28969

(6) A veterinarian that is providing temporary veterinary	28970
care to a dangerous wild animal or restricted snake;	28971

(7) A wildlife sanctuary;

28972

(8) An individual who does not reside in this state, is	28973
traveling through this state with a dangerous wild animal or	28974
restricted snake, and does all of the following:	28975

(a) Confines the animal or snake in a cage at all times;

28976

(b) Confines the animal or snake in a cage that is not	28977
accessible to the public;	28978

28979

(d) Is in the state not more than forty-eight hours unless	28980
the animal or snake is receiving veterinary care.	28981

(9) An educational institution that displays a single	28982
dangerous wild animal as a sports mascot and that meets all of the	28983
following criteria:	28984

(a) An official of the educational institution has submitted	28985
an affidavit attesting that the institution will care for the	28986
animal as long as the animal lives and in a facility that is an	28987
accredited member of the association of zoos and aquariums or the	28988
zoological association of America.	28989

(b) The educational institution maintains a liability	28990
insurance policy with an insurer authorized or approved to write	28991
such insurance in this state that covers claims for injury or	28992
damage to persons or property caused by a dangerous wild animal.	28993
The amount of the insurance coverage shall be not less than one	28994
million dollars.	28995

(c) During display and transport, the educational institution	28996
confines the dangerous wild animal in a cage that does not permit	28997
physical contact between the animal and the public.	28998

(d) The educational institution began displaying a dangerous	28999
wild animal as a mascot prior to ~~the effective date of this~~	29000
~~section~~September 5, 2012.	29001

(10) Any person who has been issued a permit under section	29002
1533.08 of the Revised Code;	29003

(11) Any person authorized to possess a dangerous wild animal	29004
or restricted snake under section 1531.25 of the Revised Code or	29005
rules adopted under it;	29006

~~(12) A mobility impaired person as defined in section 955.011~~	29007
~~of the Revised Code who possesses a dangerous wild animal~~	29008
~~specified in division (C)(20)(h) of section 935.01 of the Revised~~	29009
~~Code that has been trained by a nonprofit agency or is in such~~	29010
~~training to assist the mobility impaired person;~~	29011

~~(13) A deaf or hearing-impaired person who possesses a~~	29012
~~dangerous wild animal specified in division (C)(20)(h) of section~~	29013
~~935.01 of the Revised Code that has been trained by a nonprofit~~	29014
~~agency or is in such training to assist the deaf or~~	29015
~~hearing-impaired person;~~	29016

~~(14) A person who is blind as defined in section 955.011 of~~	29017
~~the Revised Code and possesses a dangerous wild animal specified~~	29018
~~in division (C)(20)(h) of section 935.01 of the Revised Code that~~	29019
~~has been trained by a nonprofit agency or is in such training to~~	29020
~~assist the blind person~~.	29021

Sec. 935.041. A person that possesses any of the following	29022
animals shall register the animal in the same manner as provided	29023
in section 935.04 of the Revised Code:	29024

(A) Pygmy, white-tufted-ear, silvery, and black-pencilled	29025
marmosets;	29026

(B) Squirrel monkeys;

29027

29028

(D) Lemurs;

29029

(E) Black-handed, white-bellied, brown-headed, and black	29030
spider monkeys.	29031

Sec. 935.12. (A) Except as provided in division (B) of this	29032
section, a person that has been issued a permit under this chapter	29033
for a dangerous wild animal or animals shall comply with the	29034
requirements regarding the care and housing of dangerous wild	29035
animals established in rules.	29036

(B) A person that has been issued a wildlife shelter,	29037
wildlife propagation permit, or rescue facility permit under this	29038
chapter for a dangerous wild animal or animals specified in	29039
division (C)(20) of section 935.01 of the Revised Code shall	29040
comply with both of the following:	29041

(1) The requirements regarding the care of those animals	29042
established in regulations adopted under the federal animal	29043
welfare act;	29044

(2) The requirements regarding the housing of those animals	29045
established in rules.	29046

(C) A person that has been issued a restricted snake	29047
possession or restricted snake propagation permit under this	29048
chapter shall comply with the requirements regarding the care and	29049
housing of those snakes established in standards adopted by the	29050
zoological association of America and in effect on September 5,	29051
2012.	29052

Sec. 955.01. (A)(1) Except as otherwise provided in this	29053
section or in sections 955.011, 955.012, and 955.16 of the Revised	29054
Code, every person who owns, keeps, or harbors a dog more than	29055
three months of age, shall file, on or after the first day of the	29056
~~preceding~~applicable December, but before the thirty-first day of	29057
the applicable January ~~of each year~~, in the office of the county	29058
auditor of the county in which the dog is kept or harbored, an	29059
application for registration for ~~the following~~a period of one	29060
year~~, beginning the thirty-first day of January of that year~~or	29061
three years or an application for a permanent registration. The	29062
board of county commissioners, by resolution, may extend the	29063
period for filing the application. The application shall state the	29064
age, sex, color, character of hair, whether short or long, and	29065
breed, if known, of the dog and the name and address of the owner	29066
of the dog. A registration fee of two dollars for each year of	29067
registration for a one-year or three-year registration or twenty	29068
dollars for a permanent registration for each dog shall accompany	29069
the application~~, unless~~. However, the fee may exceed that amount	29070
if a greater fee has been established under division (A)(2) of	29071
this section or under section 955.14 of the Revised Code.	29072

(2) A board of county commissioners may establish a	29073
registration fee higher than the one provided for in division	29074
(A)(1) of this section for dogs more than nine months of age that	29075
have not been spayed or neutered, except that the higher	29076
registration fee permitted by this division shall not apply if a	29077
person registering a dog furnishes with the application either a	29078
certificate from a licensed veterinarian verifying that the dog	29079
should not be spayed or neutered because of its age or medical	29080
condition or because the dog is used or intended for use for show	29081
or breeding purposes or a certificate from the owner of the dog	29082
declaring that the owner holds a valid hunting license issued by	29083
the division of wildlife of the department of natural resources	29084
and that the dog is used or intended for use for hunting purposes.	29085
If the board establishes such a fee, the application for	29086
registration shall state whether the dog is spayed or neutered,	29087
and whether a licensed veterinarian has certified that the dog	29088
should not be spayed or neutered or the owner has stated that the	29089
dog is used or intended to be used for hunting purposes. The board	29090
may require a person who is registering a spayed or neutered dog	29091
to furnish with the application a certificate from a licensed	29092
veterinarian verifying that the dog is spayed or neutered. No	29093
person shall furnish a certificate under this division ~~which~~that	29094
the person knows to be false.	29095

(B) If the application for registration is not filed and the	29096
registration fee paid, on or before the thirty-first day of the	29097
applicable January of each year or, if the board of county	29098
commissioners by resolution has extended the date to a date later	29099
than the thirty-first day of January, the date established by the	29100
board, the auditor shall assess a penalty in an amount equal to	29101
the registration fee upon the owner, keeper, or harborer, which	29102
~~must~~shall be paid with the registration fee.	29103

(C) An animal shelter that keeps or harbors a dog more than	29104
three months of age is exempt from paying any fees imposed under	29105
division (A) or (B) of this section if it is a nonprofit	29106
organization that is exempt from federal income taxation under	29107
subsection 501(a) and described in subsection 501(c)(3) of the	29108
"Internal Revenue Code of 1986," 100 Stat. ~~285~~2085, 26 U.S.C. 1.	29109

Sec. 955.05. After the thirty-first day of January of any	29110
year, except as otherwise provided in section 955.012 or 955.16 of	29111
the Revised Code, every person, immediately upon becoming the	29112
owner, keeper, or harborer of any dog more than three months of	29113
age or brought from outside the state during any year, shall file	29114
like applications, with fees, as required by section 955.01 of the	29115
Revised Code, for registration for the current year. If ~~such~~the	29116
application is not filed and the fee paid, within thirty days	29117
after ~~such~~the dog is acquired, becomes three months of age, or is	29118
brought from outside the state, the auditor shall assess a penalty	29119
in an amount equal to the registration fee upon ~~such~~the owner,	29120
keeper, or harborer, which ~~must~~shall be paid with the	29121
registration fee. Thereafter, the owner, keeper, or harborer shall	29122
register the dog for a period of one year or three years or	29123
register the dog permanently as provided in section 955.01 of the	29124
Revised Code.	29125

Every person becoming the owner of a kennel of dogs after the	29126
thirty-first day of January of any year shall file like	29127
applications, with fees, as required by section 955.04 of the	29128
Revised Code, for the registration of such kennel for the current	29129
calendar year. If such application is not filed and the fee paid	29130
within thirty days after the person becomes the owner of such	29131
kennel, the auditor shall assess a penalty in an amount equal to	29132
the registration fee upon the owner of such kennel.	29133

Sec. 955.06. The owner, keeper, or harborer of a dog	29134
becoming three months of age after the first day of July in a	29135
calendar year and the owner, keeper, or harborer of a dog	29136
purchased outside the state after the first day of July in a	29137
calendar year shall register the dog for one year. The	29138
registration fee for any such dog ~~becoming three months of age~~	29139
~~after the first day of July of any year and the registration fee~~	29140
~~of any dog purchased from outside the state after the first day of~~	29141
~~July of any year~~ shall be one-half of the original fee.	29142
Thereafter, the owner, keeper, or harborer shall register the dog	29143
for a period of one year or three years or register the dog	29144
permanently as provided in section 955.01 of the Revised Code.	29145

Sec. 955.07. Upon the filing of the application for	29146
registration required by sections 955.01 and 955.04 of the Revised	29147
Code and upon the payment of the registration fee and the	29148
administrative fee, if applicable, the county auditor shall assign	29149
a distinctive number to every dog or dog kennel described in the	29150
application and shall deliver a certificate of registration	29151
bearing the number to the owner of the dog or dog kennel. A record	29152
of all certificates of registration issued, together with the	29153
applications for registration, shall be kept by the auditor in a	29154
dog and kennel register ~~for two years or~~ until after an audit	29155
performed by the auditor of state~~, whichever is later~~. This record	29156
shall be open to the inspection of any person during reasonable	29157
business hours.	29158

Sec. 955.08. In addition to the certificate of registration	29159
provided for by section 955.07 of the Revised Code, the county	29160
auditor shall issue to every person making application for the	29161
registration of a dog and paying the required fee therefor a metal	29162
tag for each dog so registered. The form, color, character, and	29163
lettering of the tag shall be prescribed by the county auditor.	29164
~~Each year the tag shall be a color distinctive from that of the~~	29165
~~previous year.~~ If a tag is lost, a duplicate shall be furnished by	29166
the auditor upon proper proof of loss and the payment of five	29167
dollars for each duplicate tag issued.	29168

Sec. 955.09. Certificates of registration and registration	29169
tags shall be valid only during the calendar year inor years for	29170
which they are issued~~, and during the first thirty-one days of the~~	29171
~~following calendar year~~.	29172

Sec. 955.12. ~~The~~Except as provided in section 955.121 of	29173
Revised Code, a board of county commissioners shall appoint or	29174
employ a county dog warden and deputies in such number, for such	29175
periods of time, and at such compensation as the board considers	29176
necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38,	29177
and 955.50 to 955.53 of the Revised Code.	29178

The warden and deputies shall give bond in a sum not less	29179
than five hundred dollars and not more than two thousand dollars,	29180
as set by the board, conditioned for the faithful performance of	29181
their duties. The bond or bonds may, in the discretion of the	29182
board, be individual or blanket bonds. The bonds shall be filed	29183
with the county auditor of their respective counties.	29184

The warden and deputies shall make a record of all dogs	29185
owned, kept, and harbored in their respective counties. They shall	29186
patrol their respective counties and seize and impound on sight	29187
all dogs found running at large and all dogs more than three	29188
months of age found not wearing a valid registration tag, except	29189
any dog that wears a valid registration tag and is: on the	29190
premises of its owner, keeper, or harborer, under the reasonable	29191
control of its owner or some other person, hunting with its owner	29192
or its handler at a field trial, kept constantly confined in a dog	29193
kennel registered under this chapter or one licensed under Chapter	29194
956. of the Revised Code, or acquired by, and confined on the	29195
premises of, an institution or organization of the type described	29196
in section 955.16 of the Revised Code. A dog that wears a valid	29197
registration tag may be seized on the premises of its owner,	29198
keeper, or harborer and impounded only in the event of a natural	29199
disaster.	29200

If a dog warden has reason to believe that a dog is being	29201
treated inhumanely on the premises of its owner, keeper, or	29202
harborer, the warden shall apply to the court of common pleas for	29203
the county in which the premises are located for an order to enter	29204
the premises, and if necessary, seize the dog. If the court finds	29205
probable cause to believe that the dog is being treated	29206
inhumanely, it shall issue such an order.	29207

The warden and deputies shall also investigate all claims for	29208
damages to animals reported to them under section 955.29 of the	29209
Revised Code and assist claimants to fill out the claim form	29210
therefor. They shall make weekly reports, in writing, to the board	29211
in their respective counties of all dogs seized, impounded,	29212
redeemed, and destroyed and of all claims for damage to animals	29213
inflicted by dogs.	29214

The wardens and deputies shall have the same police powers as	29215
are conferred upon sheriffs and police officers in the performance	29216
of their duties as prescribed by sections 955.01 to 955.27, 955.29	29217
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	29218
also have power to summon the assistance of bystanders in	29219
performing their duties and may serve writs and other legal	29220
processes issued by any court in their respective counties with	29221
reference to enforcing those sections. County auditors may	29222
deputize the wardens or deputies to issue dog licenses as provided	29223
in sections 955.01 and 955.14 of the Revised Code.	29224

Whenever any person files an affidavit in a court of	29225
competent jurisdiction that there is a dog running at large that	29226
is not kept constantly confined either in a dog kennel registered	29227
under this chapter or one licensed under Chapter 956. of the	29228
Revised Code or on the premises of an institution or organization	29229
of the type described in section 955.16 of the Revised Code or	29230
that a dog is kept or harbored in the warden's jurisdiction	29231
without being registered as required by law, the court shall	29232
immediately order the warden to seize and impound the dog.	29233
Thereupon the warden shall immediately seize and impound the dog	29234
complained of. The warden shall give immediate notice by certified	29235
mail to the owner, keeper, or harborer of the dog seized and	29236
impounded by the warden, if the owner, keeper, or harborer can be	29237
determined from the current year's registration list maintained by	29238
the warden and the county auditor of the county where the dog is	29239
registered, that the dog has been impounded and that, unless the	29240
dog is redeemed within fourteen days of the date of the notice, it	29241
may thereafter be sold or destroyed according to law. If the	29242
owner, keeper, or harborer cannot be determined from the current	29243
year's registration list maintained by the warden and the county	29244
auditor of the county where the dog is registered, the officer	29245
shall post a notice in the pound or animal shelter both describing	29246
the dog and place where seized and advising the unknown owner	29247
that, unless the dog is redeemed within three days, it may	29248
thereafter be sold or destroyed according to law.	29249

As used in this section, "animal" has the same meaning as in	29250
section 955.51 of the Revised Code.	29251

Sec. 955.121. (A)(1) In lieu of appointing a county dog	29252
warden and deputies under section 955.12 of the Revised Code, a	29253
board of county commissioners may appoint the county sheriff to	29254
enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to	29255
955.53 of the Revised Code. If a board chooses to appoint the	29256
county sheriff as the county dog warden, the board shall enter	29257
into a two-year written agreement with the sheriff for that	29258
purpose at the first meeting in a calendar year following a	29259
general election in which at least one of the members of the board	29260
was elected.	29261

(2) The agreement may authorize both of the following:

29262

(a) The sheriff to appoint sheriff's deputies or persons	29263
other than peace officers as deputy dog wardens;	29264

(b) The transfer of any benefits accrued by employees who are	29265
transferred as a result of the county sheriff's being appointed as	29266
the county dog warden.	29267

(B) Any dog warden and deputy dog wardens appointed under	29268
this section shall comply with both of the following:	29269

(1) Any training requirements applicable to county dog	29270
wardens and deputy dog wardens appointed or employed under section	29271
955.12 of the Revised Code;	29272

(2) The requirements established in that section.

29273

(C) If a county sheriff or a sheriff's deputies are appointed	29274
as a dog warden or deputy dog wardens under this section,	29275
references in this chapter and in Chapters 953., 956., and 959. of	29276
the Revised Code to "dog warden" and "deputy dog warden" shall be	29277
deemed to be replaced, respectively, with references to "sheriff"	29278
and "deputy sheriff."	29279

Sec. 955.14. (A) Notwithstanding section 955.01 of the	29280
Revised Code, a board of county commissioners by resolution may	29281
increase dog and kennel registration fees in the county. The	29282
amount of the fees shall not exceed an amount that the board, in	29283
its discretion, estimates is needed to pay all expenses for the	29284
administration of this chapter and to pay claims allowed for	29285
animals injured or destroyed by dogs. Such a resolution shall be	29286
adopted not earlier than the first day of February and not later	29287
than the thirty-first day of August of any year and shall ~~apply to~~	29288
specify the registration period ~~commencing on the first day of~~	29289
~~December of the current year and ending on the thirty-first day of~~	29290
~~January of the following year, unless the period is extended under~~	29291
~~section 955.01 of the Revised Code~~or periods to which the	29292
increased fees apply. ~~Any~~An increase in fees adopted under this	29293
division shall be in the ratio of two dollars for each year of	29294
registration, and twenty dollars for a permanent registration, for	29295
a dog registration fee and ten dollars for a kennel registration	29296
fee.	29297

(B) Not later than the fifteenth day of October of each year,	29298
the board of county commissioners shall determine if there is	29299
sufficient money in the dog and kennel fund, after paying the	29300
expenses of administration incurred or estimated to be incurred	29301
for the remainder of the year, to pay the claims allowed for	29302
animals injured or destroyed by dogs. If the board determines	29303
there is not sufficient money in the dog and kennel fund to pay	29304
the claims allowed, the board shall provide by resolution that all	29305
claims remaining unpaid shall be paid from the general fund of the	29306
county. All money paid out of the general fund for those purposes	29307
may be replaced by the board from the dog and kennel fund at any	29308
time during the following year notwithstanding section 5705.14 of	29309
the Revised Code.	29310

(C) Notwithstanding section 955.20 of the Revised Code, if	29311
dog and kennel registration fees in any county are increased above	29312
two dollars for each year of registration and twenty dollars for a	29313
permanent registration for a dog registration fee and ten dollars,	29314
~~respectively,~~for a kennel registration fee under authority of	29315
division (A) of this section, then on or before the first day of	29316
March following each year in which the increased fees are in	29317
effect, the county auditor shall draw on the dog and kennel fund a	29318
warrant payable to the college of veterinary medicine of the Ohio	29319
state university in an amount equal to ten cents for each one-year	29320
dog ~~and~~registration, thirty cents for each three-year dog	29321
registration, one dollar for each permanent dog registration, and	29322
ten cents for each kennel registration fee received during the	29323
preceding year. The money received by the college of veterinary	29324
medicine of the Ohio state university under this division shall be	29325
applied for research and study of the diseases of dogs,	29326
particularly those transmittable to humans, and for research of	29327
other diseases of dogs that by their nature will provide results	29328
applicable to the prevention and treatment of both human and	29329
canine illness.	29330

(D) The Ohio state university college of veterinary medicine	29331
shall be responsible to report annually to the general assembly	29332
the progress of the research and study authorized and funded by	29333
division (C) of this section. The report shall briefly describe	29334
the research projects undertaken and assess the value of each. The	29335
report shall account for funds received pursuant to division (C)	29336
of this section and for the funds expended attributable to each	29337
research project and for other necessary expenses in conjunction	29338
with the research authorized by division (C) of this section. The	29339
report shall be filed with the general assembly by the first day	29340
of May of each year.	29341

(E) The county auditor may authorize agents to receive	29342
applications for registration of dogs and kennels and to issue	29343
certificates of registration and tags. If authorized agents are	29344
employed in a county, each applicant for a dog or kennel	29345
registration shall pay to the agent an administrative fee of	29346
seventy-five cents in addition to the registration fee. The	29347
administrative fee shall be the compensation of the agent. The	29348
county auditor shall establish rules for reporting and accounting	29349
by the agents. No administrative or similar fee shall be charged	29350
in any county except as authorized by this division or division	29351
(F) of this section.	29352

(F) For any county that accepts the payment of dog and kennel	29353
registration fees by financial transaction devices in accordance	29354
with section 955.013 of the Revised Code, in addition to those	29355
registration fees, the county auditor shall collect for each	29356
registration paid by a financial transaction device one of the	29357
following:	29358

(1) An administrative fee of seventy-five cents or another	29359
amount necessary to cover actual costs designated by the county	29360
auditor;	29361

(2) If the board of county commissioners adopts a surcharge	29362
or convenience fee for making payments by a financial transaction	29363
device under division (E) of section 301.28 of the Revised Code,	29364
that surcharge or convenience fee;	29365

(3) If the county auditor contracts with a third party to	29366
provide services to enable registration via the internet as	29367
provided in section 955.013 of the Revised Code, a surcharge or	29368
convenience fee as agreed to between that third party and the	29369
county for those internet registration services. Any additional	29370
expenses incurred by the county auditor that result from a	29371
contract with a third party as provided in this section and	29372
section 955.013 of the Revised Code and that are not covered by a	29373
surcharge or convenience fee shall be paid out of the allowance	29374
provided to the county auditor under section 955.20 of the Revised	29375
Code.	29376

(G) The county auditor shall post conspicuously the amount of	29377
the administrative fee, surcharge, or convenience fee that is	29378
permissible under this section on the web page where the auditor	29379
accepts payments for registrations made under division (B)(1) of	29380
section 955.013 of the Revised Code. If any person chooses to pay	29381
by financial transaction device, the administrative fee,	29382
surcharge, or convenience fee shall be considered voluntary and is	29383
not refundable.	29384

(H) As used in this section, "animal" has the same meaning as	29385
in section 955.51 of the Revised Code.	29386

Sec. 955.201. (A) As used in this section and in section	29387
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	29388
corporation organized by that name under Chapter 1702. of the	29389
Revised Code that consists of humane societies, veterinarians,	29390
animal shelters, companion animal breeders, dog wardens, or	29391
similar individuals and entities.	29392

(B) The Ohio pet fund shall do all of the following:

29393

(1) Establish eligibility criteria for organizations that may	29394
receive financial assistance from the Ohio pet fund. Those	29395
organizations may include any of the following:	29396

(a) An animal shelter as defined in section 4729.01 of the	29397
Revised Code;	29398

(b) A local nonprofit veterinary association that operates a	29399
program for the sterilization of dogs and cats;	29400

(c) A charitable organization that is exempt from federal	29401
income taxation under subsection 501(c)(3) of the Internal Revenue	29402
Code and a purpose of which is to support programs for the	29403
sterilization of dogs and cats and educational programs concerning	29404
the proper veterinary care of those animals.	29405

(2) Establish procedures for applying for financial	29406
assistance from the Ohio pet fund. Application procedures shall	29407
require eligible organizations to submit detailed proposals that	29408
outline the intended uses of the moneys sought.	29409

(3) Establish eligibility criteria for sterilization and	29410
educational programs for which moneys from the Ohio pet fund may	29411
be used and, consistent with division (C) of this section,	29412
establish eligibility criteria for individuals who seek	29413
sterilization for their dogs and cats from eligible organizations;	29414

(4) Establish procedures for the disbursement of moneys the	29415
Ohio pet fund receives from license plate contributions pursuant	29416
to division (C) of section 4503.551 of the Revised Code;	29417

(5) Advertise or otherwise provide notification of the	29418
availability of financial assistance from the Ohio pet fund for	29419
eligible organizations;	29420

(6) Design markings to be inscribed on "pets" license plates	29421
under section 4503.551 of the Revised Code.	29422

(C)(1) The owner of a dog or cat is eligible for dog or cat	29423
sterilization services from an eligible organization when those	29424
services are subsidized in whole or in part by money from the Ohio	29425
pet fund if any of the following applies:	29426

(a) The income of the owner's family does not exceed one	29427
hundred fifty per cent of the federal poverty guideline.	29428

(b) The owner, or any member of the owner's family who	29429
resides with the owner, is a recipient or beneficiary of one of	29430
the following government assistance programs:	29431

(i) Low-income housing assistance under the "United States	29432
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	29433
federal section 8 housing program;	29434

(ii) The Ohio works first program established by Chapter	29435
5107. of the Revised Code;	29436

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	29437
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	29438
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	29439
~~department of job and family services under Chapter 5111. of the~~	29440
~~Revised Code~~;	29441

(iv) A program or law administered by the United States	29442
department of veterans' affairs or veterans' administration for	29443
any service-connected disability;	29444

(v) The supplemental nutrition assistance program established	29445
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	29446
administered by the department of job and family services under	29447
section 5101.54 of the Revised Code;	29448

(vi) The "special supplemental nutrition program for women,	29449
infants, and children" established under the "Child Nutrition Act	29450
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	29451
by the department of health under section 3701.132 of the Revised	29452
Code;	29453

(vii) Supplemental security income under Title XVI of the	29454
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	29455
amended;	29456

(viii) Social security disability insurance benefits provided	29457
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	29458
42 U.S.C.A. 401, as amended.	29459

(c) The owner of the dog or cat submits to the eligible	29460
organization operating the sterilization program either of the	29461
following:	29462

(i) A certificate of adoption showing that the dog or cat was	29463
adopted from a licensed animal shelter, a municipal, county, or	29464
regional pound, or a holding and impoundment facility that	29465
contracts with a municipal corporation;	29466

(ii) A certificate of adoption showing that the dog or cat	29467
was adopted through a nonprofit corporation operating an animal	29468
adoption referral service whose holding facility, if any, is	29469
licensed in accordance with state law or a municipal ordinance.	29470

(2) The Ohio pet fund shall determine the type of documentary	29471
evidence that must be presented by the owner of a dog or cat to	29472
show that the income of the owner's family does not exceed one	29473
hundred fifty per cent of the federal poverty guideline or that	29474
the owner is eligible under division (C)(1)(b) of this section.	29475

(D) As used in division (C) of this section, "federal poverty	29476
guideline" means the official poverty guideline as revised	29477
annually by the United States department of health and human	29478
services in accordance with section 673(2) of the "Omnibus Budget	29479
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	29480
amended, for a family size equal to the size of the family of the	29481
person whose income is being determined.	29482

Sec. 956.07. (A) A person who is applying for a license to	29483
operate a high volume breeder or to act as or perform the	29484
functions of a dog retailer under section 956.04 or 956.05 of the	29485
Revised Code, as applicable, shall include with the application	29486
for a license a nonrefundable license application fee. For the	29487
purpose of calculating the application fee for a high volume	29488
breeder, the sale of one dog from a litter constitutes the sale of	29489
a litter. The application fees are as follows:	29490

(1) For a high volume breeder:

29491

(a) One hundred fifty dollars if the high volume breeder	29492
annually sells at least nine, but not more than fifteen litters;	29493

(b) Two hundred fifty dollars if the high volume breeder	29494
annually sells at least sixteen, but not more than twenty-five	29495
litters;	29496

(c) Three hundred fifty dollars if the high volume breeder	29497
annually sells at least twenty-six, but not more than thirty-five	29498
litters;	29499

(d) Five hundred dollars if the high volume breeder annually	29500
sells at least thirty-six, but not more than forty-five litters;	29501

(e) Seven hundred fifty dollars if the high volume breeder	29502
annually sells forty-six or more litters.	29503

(2) For a dog retailer, five hundred dollars.

29504

(B) Money collected by the director of agriculture from each	29505
application fee submitted under this section shall be ~~transmitted~~	29506
~~by the director to the treasurer of~~deposited in the state	29507
treasury to ~~be credited to~~the credit of the high volume breeder	29508
kennel control license fund created in section 956.18 of the	29509
Revised Code. The ~~treasurer of state shall transfer to the county~~	29510
~~auditor of the county in which a high volume breeder is located or~~	29511
~~will be located~~director shall use fifty dollars of the	29512
application fee submitted by ~~the~~a high volume breeder under this	29513
section or an amount equal to the fee charged ~~in that county~~ for	29514
the registration of a kennel under section 955.14 of the Revised	29515
Code in the county in which the high volume breeder is located or	29516
will be located, whichever is greater, to reimburse that county.	29517
The county auditor shall deposit the transferred money into that	29518
county's dog and kennel fund created under section 955.20 of the	29519
Revised Code.	29520

Sec. 956.18. (A) All money collected by the director of	29521
agriculture from license fees under section ~~956.08~~956.07 and	29522
civil penalties assessed under section 956.13 of the Revised Code	29523
shall be deposited in the state treasury to the credit of the high	29524
volume breeder kennel control license fund, which is hereby	29525
created. The fund shall also consist of money appropriated to it.	29526

(B) No money may be released from the fund without	29527
controlling board approval. The director shall request the	29528
controlling board to release money in an amount not to exceed two	29529
million five hundred thousand dollars per biennium.	29530

(C) The director shall use the money in the fund for the	29531
purpose of administering this chapter and rules adopted under it.	29532

Sec. 959.131. (A) As used in this section:

29533

(1) "Companion animal" means any animal that is kept inside a	29534
residential dwelling and any dog or cat regardless of where it is	29535
kept. "Companion animal" does not include livestock or any wild	29536
animal.	29537

(2) "Cruelty," "torment," and "torture" have the same	29538
meanings as in section 1717.01 of the Revised Code.	29539

(3) "Residential dwelling" means a structure or shelter or	29540
the portion of a structure or shelter that is used by one or more	29541
humans for the purpose of a habitation.	29542

(4) "Practice of veterinary medicine" has the same meaning as	29543
in section 4741.01 of the Revised Code.	29544

(5) "Wild animal" has the same meaning as in section 1531.01	29545
of the Revised Code.	29546

(6) "Federal animal welfare act" means the "Laboratory Animal	29547
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	29548
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	29549
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	29550
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	29551
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	29552
(1985), and as it may be subsequently amended.	29553

(7) "Dog kennel" means an animal rescue for dogs that is	29554
registered under section 956.06 of the Revised Code, a boarding	29555
kennel, or a training kennel.	29556

(8) "Boarding kennel" has the same meaning as in section	29557
956.01 of the Revised Code.	29558

(9) "Training kennel" means an establishment operating for	29559
profit that keeps, houses, and maintains dogs for the purpose of	29560
training the dogs in return for a fee or other consideration.	29561

(B) No person shall knowingly torture, torment, needlessly	29562
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	29563
an act of cruelty against a companion animal.	29564

(C) No person who confines or who is the custodian or	29565
caretaker of a companion animal shall negligently do any of the	29566
following:	29567

(1) Torture, torment, needlessly mutilate or maim, cruelly	29568
beat, poison, needlessly kill, or commit an act of cruelty against	29569
the companion animal;	29570

(2) Deprive the companion animal of necessary sustenance,	29571
confine the companion animal without supplying it during the	29572
confinement with sufficient quantities of good, wholesome food and	29573
water, or impound or confine the companion animal without	29574
affording it, during the impoundment or confinement, with access	29575
to shelter from heat, cold, wind, rain, snow, or excessive direct	29576
sunlight, if it can reasonably be expected that the companion	29577
animal would become sick or suffer in any other way as a result of	29578
or due to the deprivation, confinement, or impoundment or	29579
confinement in any of those specified manners.	29580

(D) No owner, manager, or employee of a dog kennel who	29581
confines or is the custodian or caretaker of a companion animal	29582
shall knowingly torture, torment, needlessly mutilate or maim,	29583
cruelly beat, poison, needlessly kill, or commit an act of cruelty	29584
against the companion animal.	29585

(E) No owner, manager, or employee of a dog kennel who	29586
confines or is the custodian or caretaker of a companion animal	29587
shall negligently do any of the following:	29588

(1) Torture, torment, needlessly mutilate or maim, cruelly	29589
beat, poison, needlessly kill, or commit an act of cruelty against	29590
the companion animal;	29591

(2) Deprive the companion animal of necessary sustenance,	29592
confine the companion animal without supplying it during the	29593
confinement with sufficient quantities of good, wholesome food and	29594
water, or impound or confine the companion animal without	29595
affording it, during the impoundment or confinement, with access	29596
to shelter from heat, cold, wind, rain, snow, or excessive direct	29597
sunlight if it can reasonably be expected that the companion	29598
animal would become sick or suffer in any other way as a result of	29599
or due to the deprivation, confinement, or impoundment or	29600
confinement in any of those specified manners.	29601

(F) Divisions (B) ~~and~~, (C), (D), and (E) of this section do	29602
not apply to any of the following:	29603

(1) A companion animal used in scientific research conducted	29604
by an institution in accordance with the federal animal welfare	29605
act and related regulations;	29606

(2) The lawful practice of veterinary medicine by a person	29607
who has been issued a license, temporary permit, or registration	29608
certificate to do so under Chapter 4741. of the Revised Code;	29609

(3) Dogs being used or intended for use for hunting or field	29610
trial purposes, provided that the dogs are being treated in	29611
accordance with usual and commonly accepted practices for the care	29612
of hunting dogs;	29613

(4) The use of common training devices, if the companion	29614
animal is being treated in accordance with usual and commonly	29615
accepted practices for the training of animals;	29616

(5) The administering of medicine to a companion animal that	29617
was properly prescribed by a person who has been issued a license,	29618
temporary permit, or registration certificate under Chapter 4741.	29619
of the Revised Code.	29620

~~(E)~~(G) Notwithstanding any section of the Revised Code that	29621
otherwise provides for the distribution of fine moneys, the clerk	29622
of court shall forward all fines the clerk collects that are so	29623
imposed for any violation of this section to the treasurer of the	29624
political subdivision or the state, whose county humane society or	29625
law enforcement agency is to be paid the fine money as determined	29626
under this division. The treasurer to whom the fines are forwarded	29627
shall pay the fine moneys to the county humane society or the	29628
county, township, municipal corporation, or state law enforcement	29629
agency in this state that primarily was responsible for or	29630
involved in the investigation and prosecution of the violation. If	29631
a county humane society receives any fine moneys under this	29632
division, the county humane society shall use the fine moneys to	29633
provide the training that is required for humane agents under	29634
section 1717.06 of the Revised Code.	29635

Sec. 959.132. (A) As used in this section:

29636

(1) "Companion animal" has the same meaning as in section	29637
959.131 of the Revised Code.	29638

(2) "Impounding agency" means a county humane society	29639
organized under section 1717.05 of the Revised Code, an animal	29640
shelter, or a law enforcement agency that has impounded a	29641
companion animal in accordance with this section.	29642

(3) "Offense" means a violation of section 959.131 of the	29643
Revised Code or an attempt, in violation of section 2923.02 of the	29644
Revised Code, to violate section 959.131 of the Revised Code.	29645

(4) "Officer" means any law enforcement officer, agent of a	29646
county humane society, or other person appointed to act as an	29647
animal control officer for a municipal corporation or township in	29648
accordance with state law, an ordinance, or a resolution.	29649

(B) An officer may seize and cause to be impounded at an	29650
impounding agency a companion animal that the officer has probable	29651
cause to believe is the subject of an offense. No officer or	29652
impounding agency shall impound a companion animal that is the	29653
subject of an offense in a shelter owned, operated, or controlled	29654
by a board of county commissioners pursuant to Chapter 955. of the	29655
Revised Code unless the board, by resolution, authorizes the	29656
impoundment of such a companion animal in a shelter owned,	29657
operated, or controlled by that board and has executed, in the	29658
case when the officer is other than a dog warden or assistant dog	29659
warden, a contract specifying the terms and conditions of the	29660
impoundment.	29661

(C) The officer shall give written notice of the seizure and	29662
impoundment to the owner, keeper, or harborer of the companion	29663
animal that was seized and impounded. If the officer is unable to	29664
give the notice to the owner, keeper, or harborer of the companion	29665
animal, the officer shall post the notice on the door of the	29666
residence or in another conspicuous place on the premises at which	29667
the companion animal was seized. The notice shall include a	29668
statement that a hearing will be held not later than ten days	29669
after the notice is provided or at the next available court date	29670
to determine whether the officer had probable cause to seize the	29671
companion animal and, if applicable, to determine the amount of a	29672
bond or cash deposit that is needed to provide for the companion	29673
animal's care and keeping for not less than thirty days beginning	29674
on the date on which the companion animal was impounded.	29675

(D) A companion animal that is seized under this section may	29676
be humanely destroyed immediately or at any time during	29677
impoundment if a licensed veterinarian determines it to be	29678
necessary because the companion animal is suffering.	29679

(E)(1) Not later than ten days after notice is provided or at	29680
the next available court date, the court shall hold a hearing to	29681
determine whether the officer impounding a companion animal had	29682
probable cause to seize the companion animal. If the court	29683
determines that probable cause exists, the court shall determine	29684
the amount of a bond or cash deposit that is needed to provide for	29685
the companion animal's care and keeping for not less than thirty	29686
days beginning on the date on which the companion animal was	29687
impounded.	29688

(2) If the court determines that probable cause does not	29689
exist, the court immediately shall order the impounding agency to	29690
return the companion animal to its owner if possible. If the	29691
companion animal cannot be returned because it has died as a	29692
result of neglect or other misconduct by the impounding agency or	29693
if the companion animal is injured as a result of neglect or other	29694
misconduct by the impounding agency, the court shall order the	29695
impounding agency to pay the owner an amount determined by the	29696
court to be equal to the reasonable market value of the companion	29697
animal at the time that it was impounded plus statutory interest	29698
as defined in section 1343.03 of the Revised Code from the date of	29699
the impoundment or an amount determined by the court to be equal	29700
to the reasonable cost of treatment of the injury to the companion	29701
animal, as applicable. The requirement established in division	29702
(E)(2) of this section regarding the payment of the reasonable	29703
market value of the companion animal shall not apply in the case	29704
of a dog that, in violation of section 955.01 of the Revised Code,	29705
was not registered at the time it was seized and impounded.	29706

(3) If the court determines that probable cause exists and	29707
determines the amount of a bond or cash deposit, the case shall	29708
continue and the owner shall post a bond or cash deposit to	29709
provide for the companion animal's care and keeping for not less	29710
than thirty days beginning on the date on which the companion	29711
animal was impounded. The owner may renew a bond or cash deposit	29712
by posting, not later than ten days following the expiration of	29713
the period for which a previous bond or cash deposit was posted, a	29714
new bond or cash deposit in an amount that the court, in	29715
consultation with the impounding agency, determines is sufficient	29716
to provide for the companion animal's care and keeping for not	29717
less than thirty days beginning on the date on which the previous	29718
period expired. If no bond or cash deposit is posted or if a bond	29719
or cash deposit expires and is not renewed, the impounding agency	29720
may determine the disposition of the companion animal unless the	29721
court issues an order that specifies otherwise.	29722

(F) If a person is convicted of committing an offense, the	29723
court may impose the following additional penalties against the	29724
person:	29725

(1) A requirement that the person pay for the costs incurred	29726
by the impounding agency in caring for a companion animal involved	29727
in the applicable offense, provided that the costs were incurred	29728
during the companion animal's impoundment. A bond or cash deposit	29729
posted under this section may be applied to the costs.	29730

(2) An order permanently terminating the person's right to	29731
possession, title, custody, or care of the companion animal that	29732
was involved in the offense. If the court issues such an order,	29733
the court shall order the disposition of the companion animal.	29734

(G) If a person is found not guilty of committing an offense,	29735
the court immediately shall order the impounding agency to return	29736
the companion animal to its owner if possible and to return the	29737
entire amount of any bond or cash deposit posted under division	29738
(E) of this section. If the companion animal cannot be returned	29739
because it has died as a result of neglect or other misconduct by	29740
the impounding agency or if the companion animal is injured as a	29741
result of neglect or other misconduct by the impounding agency,	29742
the court shall order the impounding agency to pay the owner an	29743
amount determined by the court to be equal to the reasonable	29744
market value of the companion animal at the time that it was	29745
impounded plus statutory interest as defined in section 1343.03 of	29746
the Revised Code from the date of the impoundment or an amount	29747
determined by the court to be equal to the reasonable cost of	29748
treatment of the injury to the companion animal, as applicable.	29749
The requirements established in this division regarding the return	29750
of a bond or cash deposit and the payment of the reasonable market	29751
value of the companion animal shall not apply in the case of a dog	29752
that, in violation of section 955.01 of the Revised Code, was not	29753
registered at the time it was seized and impounded.	29754

(H) If charges are filed under section 959.131 of the Revised	29755
Code against the custodian or caretaker of a companion animal, but	29756
the companion animal that is the subject of the charges is not	29757
impounded, the court in which the charges are pending may order	29758
the owner or person having custody of the companion animal to	29759
provide to the companion animal the necessities described in	29760
division (C)(2) or (E)(2) of section 959.131 of the Revised Code	29761
until the final disposition of the charges. If the court issues an	29762
order of that nature, the court also may authorize an officer or	29763
another person to visit the place where the companion animal is	29764
being kept, at the times and under the conditions that the court	29765
may set, to determine whether the companion animal is receiving	29766
those necessities and to remove and impound the companion animal	29767
if the companion animal is not receiving those necessities.	29768

Sec. 959.99. (A) Whoever violates section 959.18 or 959.19	29769
of the Revised Code is guilty of a minor misdemeanor.	29770

(B) Except as otherwise provided in this division, whoever	29771
violates section 959.02 of the Revised Code is guilty of a	29772
misdemeanor of the second degree. If the value of the animal	29773
killed or the injury done amounts to three hundred dollars or	29774
more, whoever violates section 959.02 of the Revised Code is	29775
guilty of a misdemeanor of the first degree.	29776

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	29777
or 959.17 of the Revised Code is guilty of a misdemeanor of the	29778
fourth degree.	29779

(D) Whoever violates division (A) of section 959.13 of the	29780
Revised Code is guilty of a misdemeanor of the second degree. In	29781
addition, the court may order the offender to forfeit the animal	29782
or livestock and may provide for its disposition, including, but	29783
not limited to, the sale of the animal or livestock. If an animal	29784
or livestock is forfeited and sold pursuant to this division, the	29785
proceeds from the sale first shall be applied to pay the expenses	29786
incurred with regard to the care of the animal from the time it	29787
was taken from the custody of the former owner. The balance of the	29788
proceeds from the sale, if any, shall be paid to the former owner	29789
of the animal.	29790

(E)(1) Whoever violates division (B) of section 959.131 of	29791
the Revised Code is guilty of a misdemeanor of the first degree on	29792
a first offense and a felony of the fifth degree on each	29793
subsequent offense.	29794

(2) Whoever violates section 959.01 of the Revised Code or	29795
division (C) of section 959.131 of the Revised Code is guilty of a	29796
misdemeanor of the second degree on a first offense and a	29797
misdemeanor of the first degree on each subsequent offense.	29798

(3) Whoever violates division (D) of section 959.131 of the	29799
Revised Code is guilty of a felony of the fifth degree.	29800

(4) Whoever violates division (E) of section 959.131 of the	29801
Revised Code is guilty of a misdemeanor of the first degree.	29802

(5)(a) A court may order a person who is convicted of or	29803
pleads guilty to a violation of section 959.131 of the Revised	29804
Code to forfeit to an impounding agency, as defined in section	29805
959.132 of the Revised Code, any or all of the companion animals	29806
in that person's ownership or care. The court also may prohibit or	29807
place limitations on the person's ability to own or care for any	29808
companion animals for a specified or indefinite period of time.	29809

(b) A court may order a person who is convicted of or pleads	29810
guilty to a violation of section 959.131 of the Revised Code to	29811
reimburse an impounding agency for the reasonably necessary costs	29812
incurred by the agency for the care of a companion animal that the	29813
agency impounded as a result of the investigation or prosecution	29814
of the violation, provided that the costs were not otherwise paid	29815
under section 959.132 of the Revised Code.	29816

~~(4)~~(6) If a court has reason to believe that a person who is	29817
convicted of or pleads guilty to a violation of section 959.131 of	29818
the Revised Code suffers from a mental or emotional disorder that	29819
contributed to the violation, the court may impose as a community	29820
control sanction or as a condition of probation a requirement that	29821
the offender undergo psychological evaluation or counseling. The	29822
court shall order the offender to pay the costs of the evaluation	29823
or counseling.	29824

(F) Whoever violates section 959.14 of the Revised Code is	29825
guilty of a misdemeanor of the second degree on a first offense	29826
and a misdemeanor of the first degree on each subsequent offense.	29827

(G) Whoever violates section 959.05 or 959.20 of the Revised	29828
Code is guilty of a misdemeanor of the first degree.	29829

(H) Whoever violates section 959.16 of the Revised Code is	29830
guilty of a felony of the fourth degree for a first offense and a	29831
felony of the third degree on each subsequent offense.	29832

Sec. 991.03. (A) The Ohio expositions commission shall:

29833

(1) Conduct at least one fair or exposition annually;

29834

(2) Maintain and manage property held by the state for the	29835
purpose of conducting fairs, expositions, and exhibits;	29836

(3) As provided in section 109.122 of the Revised Code,	29837
provide notice of or copies of any proposed entertainment or	29838
sponsorship contracts to the attorney general.	29839

(B) The commission may:

29840

(1) Conduct such additional fairs, expositions, or	29841
exhibitions as the commission determines are in the general public	29842
interest;	29843

(2) Accept on behalf of the state conveyances of property for	29844
the purposes of conducting fairs, expositions, and exhibits,	29845
subject to any terms and conditions agreed to by the commission	29846
and approved by the controlling board;	29847

(3) Accept gifts, devises, and bequests of money, lands, and	29848
other property and apply the money, lands, or other property	29849
according to the terms of the gift, devise, or bequest. A	29850
political subdivision as authorized by law may make gifts and	29851
devises to the commission, and the commission shall apply such a	29852
gift or devise according to the terms of the gift or devise. All	29853
gifts and bequests of money accepted under this division shall be	29854
deposited into the state treasury to the credit of the Ohio	29855
expositions support fund.	29856

(4) Enter into contracts that the commission considers	29857
necessary or worthwhile in the conduct of its purposes, provided	29858
that contracts made for a term exceeding two years, other than	29859
those described in division (B)(4) of this section, shall be	29860
subject to the approval of the controlling board and provided that	29861
the attorney general, pursuant to the attorney general's authority	29862
under section 109.122 of the Revised Code, has not disapproved the	29863
proposed contract;	29864

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	29865
or services;	29866

~~(5)~~(6) Sell or convey all or a portion of the property, land,	29867
or buildings under its management subject to the approval of the	29868
legislature;	29869

~~(6)~~(7) Grant leases on all or any part of the property, land,	29870
or buildings under the management of the commission to private or	29871
public organizations, which appear to be in the best interests of	29872
the state, with the approval of the controlling board and director	29873
of administrative services, subject to the following conditions:	29874

(a) The lessees shall make or construct improvements on such	29875
lands or buildings at no cost to the commission or to the state,	29876
subject to prior approval by the director of administrative	29877
services of detailed plans and specifications of such	29878
improvements.	29879

(b) No person, firm, or corporation shall cause a lien to be	29880
filed against any funds or property of the state or of the	29881
commission as a result of a lessee's activities pursuant to	29882
division (B)~~(6)~~(7)(a) of this section.	29883

(c) Leases shall be entered into subject to the sale of such	29884
property, lands, or buildings during the term of the lease.	29885

(d) No leases shall be made which interfere with a fair,	29886
exposition, or exhibition on such lands.	29887

~~(7)~~(8) Encumber appropriations for the entire amount of a	29888
contract at the time the contract is made, even though the	29889
contract will not be performed in the fiscal year for which the	29890
appropriations were made.	29891

~~(8)~~(9) Implement a credit card payment program permitting	29892
payment by means of a credit card of any fees, charges, and	29893
rentals associated with conducting fairs, expositions, and	29894
exhibits. The commission may open an account outside the state	29895
treasury in a financial institution for the purpose of depositing	29896
credit card receipts. By the end of the business day following the	29897
deposit of the receipts, the financial institution shall make	29898
available to the commission funds in the amount of the receipts.	29899
The commission shall then pay these funds into the state treasury	29900
to the credit of the Ohio expositions fund.	29901

The commission shall adopt rules as necessary to carry out	29902
the purposes of division (B)~~(8)~~(9) of this section. The rules	29903
shall include standards for determining eligible financial	29904
institutions and the manner in which funds shall be made available	29905
and shall be consistent with the standards contained in sections	29906
135.03, 135.18, and 135.181 of the Revised Code.	29907

The commission shall not adopt or enforce any rules which	29908
will prohibit livestock exhibited at the Ohio state fair from	29909
participating in county and independent fairs in the state.	29910

Sec. 991.04. There is hereby established in the state	29911
treasury the Ohio expositions fund. ~~All~~Except for gifts and	29912
bequests of money accepted under division (B)(3) of section 991.03	29913
of the Revised Code, all moneys collected by the Ohio expositions	29914
commission pursuant to sections 991.01 to 991.07 of the Revised	29915
Code and any income generated from the investment of those moneys	29916
shall be paid into the fund and may be used to defray the costs of	29917
administration and carrying out the purposes of sections 991.01 to	29918
991.07 of the Revised Code.	29919

With the approval of the director of budget and management,	29920
provisions may be made for a cash fund to be established on the	29921
state fairgrounds during the period of activities related to the	29922
holding of the annual state fair. The purpose of such fund is to	29923
provide for payment of premiums and entertainers and for immediate	29924
payment of small amounts for obligations, including ticket	29925
refunds, of such nature as to require immediate payment.	29926

The expositions commission shall cause to be kept an accurate	29927
record of all transactions, contracts, and proceedings. The	29928
director of budget and management shall prescribe a system of	29929
accounting and reporting. Such system shall include methods and	29930
forms showing the sources from which all revenues of the	29931
expositions commission are received, the amount collected from	29932
each source, and the amount expended for each purpose.	29933

Sec. 991.041. There is in the state treasury the Ohio	29934
expositions support fund. All gifts and bequests of money accepted	29935
under division (B)(3) of section 991.03 of the Revised Code shall	29936
be deposited into the state treasury to the credit of the fund.	29937
Investment earnings of the fund shall be deposited into the fund.	29938
The Ohio expositions commission may use the fund, consistent with	29939
the terms of the gift or bequest, to defray the cost of	29940
administration and of carrying out the purposes of sections 991.01	29941
to 991.07 of the Revised Code.	29942

Sec. 991.06. Annually on or before the thirtieth day of	29943
September the Ohio expositions commission, through its general	29944
manager, shall prepare and file with the auditor of state a	29945
statement showing the total amount received from each source of	29946
revenue, the total amount disbursed for each class of	29947
expenditures, and the aggregate of all receipts and expenditures	29948
of the commission. This statement shall also include a summary of	29949
each contract for the mutual exchange of goods or services entered	29950
into by the commission under ~~division (B)(4) of~~ section 991.03 of	29951
the Revised Code. Upon receipt of such statement, the auditor of	29952
state shall have it verified and make a report of ~~his~~the auditor	29953
of state's findings thereon to the governor.	29954

Assistant auditors of state shall conduct an audit of	29955
activities of the annual Ohio state fair on the Ohio exposition	29956
center during the period when the fair is in progress.	29957

The cost of such audit shall be included in the annual	29958
expenses of the Ohio expositions commission.	29959

Sec. 1309.521. (A) A filing office that accepts written	29960
records may not refuse to accept a written initial financing	29961
statement in the ~~following~~ form and format set forth in the	29962
official text of the 2010 amendments to article 9 of the uniform	29963
commercial code promulgated by the American law institute and the	29964
national conference of commissioners on uniform state laws, except	29965
for a reason prescribed in division (B) of section 1309.516 of the	29966
Revised Code:.	29967

~~UCC FINANCING STATEMENT~~	29968

~~Follow instructions (front and back) carefully.~~	29969

~~A. Name and phone of contact at filer (optional)~~			29970
~~.................................................................~~			29971
~~B. Send acknowledgment to: (name and address)~~			29972
~~..................................~~			29973
~~..................................~~			29974
~~..................................~~	~~The above space is for filing office use only.~~		29975
~~1. DEBTOR'S EXACT FULL LEGAL NAME~~			29976
~~(Insert only one debtor name [1a or 1b]. Do not abbreviate or~~			29977
~~combine names. If completing 1b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			29978
~~1a. Organization's name .........................................~~			29979
or			29980
~~1b. Individual's last name ............. First name .............~~			29981
~~Middle name ........................... Suffix ..................~~			29982
~~1c. Mailing address .............................................~~			29983
~~City .......... State ....... Postal code ...... Country ........~~			29984
		29985
~~Additional information regarding organization debtor~~			29986
~~1d. Type of organization ........................................~~			29987
~~1e. Jurisdiction of organization ................................~~			29988
~~2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			29989
~~(Insert only one debtor name [2a or 2b]. Do not abbreviate or~~			29990
~~combine names. If completing 2b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			29991
~~2a. Organization's name .........................................~~			29992
or			29993
~~2b. Individual's last name ............. First name .............~~			29994
~~Middle name ........................... Suffix ..................~~			29995
~~2c. Mailing address .............................................~~			29996
~~City .......... State ....... Postal code ...... Country ........~~			29997
		29998
~~Additional information regarding organization debtor~~			29999
~~2d. Type of organization ........................................~~			30000
~~2e. Jurisdiction of organization ................................~~			30001
~~3. SECURED PARTY'S NAME (or name of total assignee of assignor~~			30002
~~S/P). Insert only one secured party name (3a or 3b).~~			30003
~~3a. Organization's name .........................................~~			30004
or			30005
~~3b. Individual's last name ............. First name .............~~			30006
~~Middle name ........................... Suffix ..................~~			30007
~~3c. Mailing address .............................................~~			30008
~~City .......... State ....... Postal code ...... Country ........~~			30009
~~4. This FINANCING STATEMENT covers the following collateral:~~			30010
~~.................................................................~~			30011
~~.................................................................~~			30012
~~.................................................................~~			30013
~~.................................................................~~			30014
~~5. ALTERNATIVE DESIGNATION (if applicable):~~			30015
~~[ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor~~			30016
~~[ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing~~			30017
~~6. [ ] This FINANCING STATEMENT is to be filed [for record] (or~~			30018
~~recorded) in the REAL ESTATE RECORDS. Attach addendum ..........~~			30019
~~[if applicable].~~			30020
~~7. Check to REQUEST SEARCH REPORT(S) on debtor(s)~~			30021
~~[ADDITIONAL FEE] .......... [optional]~~			30022
~~[ ] All debtors [ ] Debtor 1 [ ] Debtor 2~~			30023
~~8. OPTIONAL FILER REFERENCE DATA~~			30024
~~.................................................................~~			30025
~~.................................................................~~			30026

~~UCC FINANCING STATEMENT ADDENDUM~~	30027

~~Follow instructions (front and back) carefully.~~	30028

~~9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT~~			30029
~~9a. Organization's name .........................................~~			30030
or			30031
~~9b. Individual's last name ............. First name .............~~			30032
~~Middle name ........................... Suffix ..................~~			30033
~~10. MISCELLANEOUS~~			30034
~~..................................~~			30035
~~..................................~~			30036
~~..................................~~		~~The above space is for filing office use only.~~	30037
~~11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			30038
~~(Insert only one name [11a or 11b]. Do not abbreviate or combine~~			30039
~~names. If completing 11b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			30040
~~11a. Organization's name ........................................~~			30041
or			30042
~~11b. Individual's last name ............. First name ............~~			30043
~~Middle name ........................... Suffix ..................~~			30044
~~11c. Mailing address ............................................~~			30045
~~City .......... State ....... Postal code ...... Country ........~~			30046
		30047
~~Additional information regarding organization debtor~~			30048
~~11d. Type of organization .......................................~~			30049
~~11e. Jurisdiction of organization ...............................~~			30050
~~12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME~~			30051
~~(Insert only one name [12a or 12b].)~~			30052
~~12a. Organization's name ........................................~~			30053
or			30054
~~12b. Individual's last name ............. First name ............~~			30055
~~Middle name ........................... Suffix ..................~~			30056
~~12c. Mailing address ............................................~~			30057
~~City .......... State ....... Postal code ...... Country ........~~			30058
~~13. This FINANCING STATEMENT covers [ ] timber to be cut or~~			30059
~~[ ] as-extracted collateral, or is filed as a [ ] fixture filing.~~			30060
~~14. DESCRIPTION OF REAL ESTATE:~~			30061
~~.................................................................~~			30062
~~.................................................................~~			30063
~~.................................................................~~			30064
~~.................................................................~~			30065
~~15. Name and address of a RECORD OWNER of above-described real~~			30066
~~estate (if debtor does not have a record interest):~~			30067
~~.................................................................~~			30068
~~.................................................................~~			30069
~~.................................................................~~			30070
~~16. Additional collateral description:~~			30071
~~.................................................................~~			30072
~~.................................................................~~			30073
~~.................................................................~~			30074
~~.................................................................~~			30075
~~17. Check only if applicable and check only one box.~~			30076
~~Debtor is a [ ] Trust or [ ] Trustee acting with respect to~~			30077
~~property held in trust or [ ] Decedent's estate~~			30078
~~18. Check only if applicable and check only one box.~~			30079
~~[ ]~~	~~Debtor is a transmitting utility~~		30080
~~[ ]~~	~~Filed in connection with a manufactured-home transaction -~~		30081
	~~effective 30 years~~		30082
~~[ ]~~	~~Filed in connection with a public-finance transaction -~~		30083
	~~effective 30 years~~		30084

(B) A filing office that accepts written records may not	30085
refuse to accept a written record in the ~~following~~ form and format	30086
set forth as form UCC3 and form UCC3Ad in the final official text	30087
of the 2010 amendments to article 9 of the uniform commercial code	30088
promulgated by the American law institute and the national	30089
conference of commissioners on uniform state laws, except for a	30090
reason prescribed in division (B) of section 1309.516 of the	30091
Revised Code:.	30092

~~UCC FINANCING STATEMENT AMENDMENT~~	30093

~~Follow instructions (front and back) carefully.~~	30094

~~A. Name and phone of contact at filer (optional)~~		30095
~~................................................................~~		30096
~~B. Send acknowledgment to: (name and address)~~		30097
~~..................................~~		30098
~~..................................~~		30099
~~..................................~~	~~The above space is for filing office use only.~~	30100
~~1a. INITIAL FINANCING STATEMENT FILE NUMBER ....................~~		30101
~~1b. [ ] This financing statement amendment is to be filed [for~~		30102
~~record] (or recorded) in the real estate records.~~		30103
~~2. [ ] TERMINATION: Effectiveness of the financing statement identified above is terminated with respect to security interest(s) of the secured party authorizing this termination statement.~~		30104
3. [ ] CONTINUATION: Effectiveness of the financing statement identified above with respect to security interest(s) of the secured party authorizing this continuation statement is continued for the additional period provided by applicable law.		30105
~~4. [ ] ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.~~		30106
~~5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor~~		30107
~~or [ ] Secured Party of record. Check only one of these two boxes.~~		30108

~~Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.~~		30109
~~[ ]~~	~~CHANGE name and/or address. Give current record name in item 6a or 6b; also give new name (if name change) in item 7a or 7b and/or new address (if address change) in item 7c.~~	30110
~~[ ]~~	~~DELETE name. Give record name to be deleted in item 6a or 6b.~~	30111
~~[ ]~~	~~ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable).~~	30112

~~6. CURRENT RECORD INFORMATION:~~		30113
~~6a. Organization's name .........................................~~		30114
or		30115
~~6b. Individual's last name .................. First name ........~~		30116
~~Middle name ................................. Suffix ............~~		30117
~~7. CHANGED (NEW) OR ADDED INFORMATION:~~		30118
(If completing 7b and the amendment affects a debtor, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)		30119
~~7a. Organization's name .........................................~~		30120
or		30121
~~7b. Individual's last name .................. First name ........~~		30122
~~Middle name ................................. Suffix ............~~		30123
~~7c. Mailing address .............................................~~		30124
~~City ........ State ....... Postal code ....... Country .........~~		30125
		30126
~~Additional information regarding organization debtor~~		30127
~~7d. Type of organization ........................................~~		30128
~~7e. Jurisdiction of organization ................................~~		30129
~~8. AMENDMENT (COLLATERAL CHANGE). Check only one box.~~		30130
~~Describe collateral [ ] deleted or [ ] added, or give entire~~		30131
~~[ ] restated collateral description, or describe collateral~~		30132
~~[ ] assigned.~~		30133
~~.................................................................~~		30134
~~.................................................................~~		30135
~~.................................................................~~		30136
~~.................................................................~~		30137
~~9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT~~		30138
~~(name of assignor, if this is an assignment). If this is an~~		30139
~~amendment authorized by a debtor that adds collateral or adds~~		30140
~~the authorizing debtor, or if this is a termination authorized~~		30141
~~by a debtor, check here [ ] and enter name of debtor~~		30142
~~authorizing this amendment.~~		30143
~~9a. Organization's name .........................................~~		30144
or		30145
~~9b. Individual's last name ................ First name ..........~~		30146
~~Middle name ............................... Suffix ..............~~		30147
~~10. OPTIONAL FILER REFERENCE DATA~~		30148
~~.................................................................~~		30149

~~UCC FINANCING STATEMENT AMENDMENT ADDENDUM~~	30150

~~Follow instructions (front and back) carefully.~~	30151

~~11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a~~		30152
~~on amendment form) .............................................~~		30153
~~12. NAME OF PARTY AUTHORIZING~~		30154
~~THIS AMENDMENT (same as item 9~~		30155
~~on amendment form)~~		30156
~~12a. Organization's name~~		30157
~~.................................~~		30158
or		30159
~~12b. Individual's last name~~		30160
~~.................................~~		30161
~~First name ......................~~		30162
~~Middle name .......... Suffix ...~~	~~The above space is for filing office use only.~~	30163
~~13. Use this space for additional information.~~		30164
~~...................................................................~~		30165
~~...................................................................~~		30166
~~...................................................................~~		30167

~~...................................................................~~

30168

Sec. 1321.51. As used in sections 1321.51 to 1321.60 of the	30169
Revised Code:	30170

(A) "Person" means an individual, partnership, association,	30171
trust, corporation, or any other legal entity.	30172

(B) "Certificate" means a certificate of registration issued	30173
under sections 1321.51 to 1321.60 of the Revised Code.	30174

(C) "Registrant" means a person to whom one or more	30175
certificates of registration have been issued under sections	30176
1321.51 to 1321.60 of the Revised Code.	30177

(D) "Principal amount" means the amount of cash paid to, or	30178
paid or payable for the account of, the borrower, and includes any	30179
charge, fee, or expense that is financed by the borrower at	30180
origination of the loan or during the term of the loan.	30181

(E) "Interest" means all charges payable directly or	30182
indirectly by a borrower to a registrant as a condition to a loan	30183
or an application for a loan, however denominated, but does not	30184
include default charges, deferment charges, insurance charges or	30185
premiums, court costs, loan origination charges, check collection	30186
charges, credit line charges, points, prepayment penalties, or	30187
other fees and charges specifically authorized by law.	30188

(F) "Interest-bearing loan" means a loan in which the debt is	30189
expressed as the principal amount and interest is computed,	30190
charged, and collected on unpaid principal balances outstanding	30191
from time to time.	30192

(G) "Precomputed loan" means a loan in which the debt is a	30193
sum comprising the principal amount and the amount of interest	30194
computed in advance on the assumption that all scheduled payments	30195
will be made when due.	30196

(H) "Actuarial method" means the method of allocating	30197
payments made on a loan between the principal amount and interest	30198
whereby a payment is applied first to the accumulated interest and	30199
the remainder to the unpaid principal amount.	30200

(I) "Applicable charge" means the amount of interest	30201
attributable to each monthly installment period of the loan	30202
contract. The applicable charge is computed as if each installment	30203
period were one month and any charge for extending the first	30204
installment period beyond one month is ignored. In the case of	30205
loans originally scheduled to be repaid in sixty-one months or	30206
less, the applicable charge for any installment period is that	30207
proportion of the total interest contracted for, as the balance	30208
scheduled to be outstanding during that period bears to the sum of	30209
all of the periodic balances, all determined according to the	30210
payment schedule originally contracted for. In all other cases,	30211
the applicable charge for any installment period is that which	30212
would have been made for such period had the loan been made on an	30213
interest-bearing basis, based upon the assumption that all	30214
payments were made according to schedule.	30215

(J) "Broker" means a person who acts as an intermediary or	30216
agent in finding, arranging, or negotiating loans, other than	30217
residential mortgage loans, and charges or receives a fee for	30218
these services.	30219

(K) "Annual percentage rate" means the ratio of the interest	30220
on a loan to the unpaid principal balances on the loan for any	30221
period of time, expressed on an annual basis.	30222

(L) "Point" means a charge equal to one per cent of either of	30223
the following:	30224

(1) The principal amount of a precomputed loan or	30225
interest-bearing loan;	30226

(2) The original credit line of an open-end loan.

30227

(M) "Prepayment penalty" means a charge for prepayment of a	30228
loan at any time prior to five years from the date the loan	30229
contract is executed.	30230

(N) "Refinancing" means a loan the proceeds of which are used	30231
in whole or in part to pay the unpaid balance of a prior loan made	30232
by the same registrant to the same borrower under sections 1321.51	30233
to 1321.60 of the Revised Code.	30234

(O) "Superintendent of financial institutions" includes the	30235
deputy superintendent for consumer finance as provided in section	30236
1181.21 of the Revised Code.	30237

(P)(1) "Mortgage loan originator" means an individual who for	30238
compensation or gain, or in anticipation of compensation or gain,	30239
does any of the following:	30240

(a) Takes or offers to take a residential mortgage loan	30241
application;	30242

(b) Assists or offers to assist a borrower in obtaining or	30243
applying to obtain a residential mortgage loan by, among other	30244
things, advising on loan terms, including rates, fees, and other	30245
costs;	30246

(c) Offers or negotiates terms of a residential mortgage	30247
loan;	30248

(d) Issues or offers to issue a commitment for a residential	30249
mortgage loan to a borrower.	30250

(2) "Mortgage loan originator" does not include any of the	30251
following:	30252

(a) An individual who performs purely administrative or	30253
clerical tasks on behalf of a mortgage loan originator;	30254

(b) A person licensed pursuant to Chapter 4735. of the	30255
Revised Code, or under the similar law of another state, who	30256
performs only real estate brokerage activities permitted by that	30257
license, provided the person is not compensated by a mortgage	30258
lender, mortgage broker, mortgage loan originator, or by any agent	30259
thereof;	30260

(c) A person solely involved in extensions of credit relating	30261
to timeshare plans, as that term is defined in 11 U.S.C. 101, in	30262
effect on January 1, 2009;	30263

(d) A person acting solely as a loan processor or	30264
underwriter, who does not represent to the public, through	30265
advertising or other means of communicating, including the use of	30266
business cards, stationery, brochures, signs, rate lists, or other	30267
promotional items, that the person can or will perform any of the	30268
activities of a mortgage loan originator;	30269

(e) A loan originator licensed under sections 1322.01 to	30270
1322.12 of the Revised Code, when acting solely under that	30271
authority;	30272

(f) A licensed attorney who negotiates the terms of a	30273
residential mortgage loan on behalf of a client as an ancillary	30274
matter to the attorney's representation of the client, unless the	30275
attorney is compensated by a lender, a mortgage broker, or another	30276
mortgage loan originator, or by any agent thereof;	30277

(g) Any person engaged in the retail sale of manufactured	30278
homes, mobile homes, or industrialized units if, in connection	30279
with financing those retail sales, the person only assists the	30280
borrower by providing or transmitting the loan application and	30281
does not do any of the following:	30282

(i) Offer or negotiate the residential mortgage loan rates or	30283
terms;	30284

(ii) Provide any counseling with borrowers about residential	30285
mortgage loan rates or terms;	30286

(iii) Receive any payment or fee from any company or	30287
individual for assisting the borrower obtain or apply for	30288
financing to purchase the manufactured home, mobile home, or	30289
industrialized unit;	30290

(iv) Assist the borrower in completing the residential	30291
mortgage loan application.	30292

(3) An individual acting exclusively as a servicer engaging	30293
in loss mitigation efforts with respect to existing mortgage	30294
transactions shall not be considered a mortgage loan originator	30295
for purposes of sections 1321.51 to 1321.60 of the Revised Code	30296
until July 1, 2011, unless such delay is denied by the United	30297
States department of housing and urban development.	30298

(Q) "Residential mortgage loan" means any loan primarily for	30299
personal, family, or household use that is secured by a mortgage,	30300
deed of trust, or other equivalent consensual security interest on	30301
a dwelling or on residential real estate upon which is constructed	30302
or intended to be constructed a dwelling. For purposes of this	30303
division, "dwelling" has the same meaning as in the "Truth in	30304
Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	30305

(R) "Nationwide mortgage licensing system and registry" or	30306
"NMLS" means a mortgage licensing system developed and maintained	30307
by the conference of state bank supervisors and the American	30308
association of residential mortgage regulators, or their successor	30309
entities, for the licensing and registration of mortgage loan	30310
originators, or any system established by the secretary of housing	30311
and urban development pursuant to the "Secure and Fair Enforcement	30312
for Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C.	30313
5101.	30314

(S) "Registered mortgage loan originator" means an individual	30315
to whom both of the following apply:	30316

(1) The individual is a mortgage loan originator and an	30317
employee of a depository institution, a subsidiary that is owned	30318
and controlled by a depository institution and regulated by a	30319
federal banking agency, or an institution regulated by the farm	30320
credit administration.	30321

(2) The individual is registered with, and maintains a unique	30322
identifier through, the ~~nationwide mortgage licensing system and~~	30323
~~registry~~NMLS.	30324

(T) "Administrative or clerical tasks" means the receipt,	30325
collection, and distribution of information common for the	30326
processing or underwriting of a loan in the mortgage industry, and	30327
communication with a consumer to obtain information necessary for	30328
the processing or underwriting of a residential mortgage loan.	30329

(U) "Federal banking agency" means the board of governors of	30330
the federal reserve system, the comptroller of the currency, the	30331
director of the office of thrift supervision, the national credit	30332
union administration, and the federal deposit insurance	30333
corporation.	30334

(V) "Loan processor or underwriter" means an individual who	30335
performs clerical or support duties at the direction of and	30336
subject to the supervision and instruction of a licensed mortgage	30337
loan originator or registered mortgage loan originator. For	30338
purposes of this division, to "perform clerical or support duties"	30339
means to do all of the following activities:	30340

(1) Receiving, collecting, distributing, and analyzing	30341
information common for the processing or underwriting of a	30342
residential mortgage loan;	30343

(2) Communicating with a borrower to obtain the information	30344
necessary for the processing or underwriting of a loan, to the	30345
extent the communication does not include offering or negotiating	30346
loan rates or terms or counseling borrowers about residential	30347
mortgage loan rates or terms.	30348

(W) "Real estate brokerage activity" means any activity that	30349
involves offering or providing real estate brokerage services to	30350
the public, including all of the following:	30351

(1) Acting as a real estate agent or real estate broker for a	30352
buyer, seller, lessor, or lessee of real property;	30353

(2) Bringing together parties interested in the sale,	30354
purchase, lease, rental, or exchange of real property;	30355

(3) Negotiating, on behalf of any party, any portion of a	30356
contract relating to the sale, purchase, lease, rental, or	30357
exchange of real property, other than in connection with providing	30358
financing for any such transaction;	30359

(4) Engaging in any activity for which a person engaged in	30360
that activity is required to be registered or licensed as a real	30361
estate agent or real estate broker under any applicable law;	30362

(5) Offering to engage in any activity, or to act in any	30363
capacity, described in division (W) of this section.	30364

(X) "Licensee" means any person that has been issued a	30365
mortgage loan originator license under sections 1321.51 to 1321.60	30366
of the Revised Code.	30367

(Y) "Unique identifier" means a number or other identifier	30368
that permanently identifies a mortgage loan originator and is	30369
assigned by protocols established by the ~~nationwide mortgage~~	30370
~~licensing system and registry~~NMLS or federal banking agencies to	30371
facilitate electronic tracking of mortgage loan originators and	30372
uniform identification of, and public access to, the employment	30373
history of and the publicly adjudicated disciplinary and	30374
enforcement actions against mortgage loan originators.	30375

(Z) "State" in the context of referring to states in addition	30376
to Ohio means any state of the United States, the district of	30377
Columbia, any territory of the United States, Puerto Rico, Guam,	30378
American Samoa, the trust territory of the Pacific islands, the	30379
virgin islands, and the northern Mariana islands.	30380

(AA) "Depository institution" has the same meaning as in	30381
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	30382
U.S.C. 1813, and includes any credit union.	30383

(BB) "Bona fide third party" means a person that is not an	30384
employee of, related to, or affiliated with, the registrant, and	30385
that is not used for the purpose of circumvention or evasion of	30386
sections 1321.51 to 1321.60 of the Revised Code.	30387

(CC) "Nontraditional mortgage product" means any mortgage	30388
product other than a thirty-year fixed rate mortgage.	30389

(DD) "Employee" means an individual for whom a registrant or	30390
applicant, in addition to providing a wage or salary, pays social	30391
security and unemployment taxes, provides workers' compensation	30392
coverage, and withholds local, state, and federal income taxes.	30393
"Employee" also includes any individual who acts as a mortgage	30394
loan originator or operations manager of the registrant, but for	30395
whom the registrant is prevented by law from making income tax	30396
withholdings.	30397

(EE) "Primary point of contact" means the employee or owner	30398
designated by the registrant or applicant to be the individual who	30399
the division of financial institutions can contact regarding	30400
compliance or licensing matters relating to the registrant's or	30401
applicant's business or lending activities secured by an interest	30402
in real estate.	30403

(FF) "Consumer reporting agency" has the same meaning as in	30404
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a,	30405
as amended.	30406

(GG) "Mortgage broker" has the same meaning as in section	30407
1322.01 of the Revised Code.	30408

Sec. 1321.535. (A) Each applicant for a mortgage loan	30409
originator license shall submit to a written test that is	30410
developed and approved by the ~~nationwide mortgage licensing system~~	30411
~~and registry~~NMLS and administered by a test provider approved by	30412
the ~~nationwide mortgage licensing system and registry~~NMLS based	30413
upon reasonable standards.	30414

(1) The test shall adequately measure the applicant's	30415
knowledge and comprehension in appropriate subject matters,	30416
including ethics and federal and state law related to mortgage	30417
origination, fraud, consumer protection, the nontraditional	30418
mortgage marketplace, and fair lending issues.	30419

(2) An individual shall not be considered to have passed the	30420
test unless the individual achieves a test score of at least	30421
seventy-five per cent correct answers on all questions ~~and at~~	30422
~~least seventy-five per cent correct answers on all questions~~	30423
~~relating to Ohio mortgage lending laws and the Ohio consumer sales~~	30424
~~practices act, Chapter 1345. of the Revised Code, as it applies to~~	30425
~~registrants and licensees~~.	30426

(3) An individual may retake the test three consecutive times	30427
provided the period between taking the tests is at least thirty	30428
days.	30429

(4) After failing three consecutive tests, an individual	30430
shall be required to wait at least six months before taking the	30431
test again.	30432

(5) If a mortgage loan originator fails to maintain a valid	30433
license for a period of five years or longer, the individual shall	30434
be required to retake the test. For this purpose, any time during	30435
which the individual is a registered mortgage loan originator	30436
shall not be taken into account.	30437

(B) Notwithstanding division (A) of this section, if the	30438
~~nationwide mortgage licensing system and registry~~NMLS fails to	30439
have in place a testing process that meets the criteria set forth	30440
in that division, the superintendent shall require, until that	30441
process is in place, evidence that the mortgage loan originator	30442
applicant passed a written test acceptable to the superintendent.	30443

Sec. 1321.55. (A) Every registrant shall keep records	30444
pertaining to loans made under sections 1321.51 to 1321.60 of the	30445
Revised Code. Such records shall be segregated from records	30446
pertaining to transactions that are not subject to these sections	30447
of the Revised Code. Every registrant shall preserve records	30448
pertaining to loans made under sections 1321.51 to 1321.60 of the	30449
Revised Code for at least two years after making the final entry	30450
on such records. Accounting systems maintained in whole or in part	30451
by mechanical or electronic data processing methods that provide	30452
information equivalent to that otherwise required are acceptable	30453
for this purpose. At least once each eighteen-month cycle, the	30454
division of financial institutions shall make or cause to be made	30455
an examination of records pertaining to loans made under sections	30456
1321.51 to 1321.60 of the Revised Code, for the purpose of	30457
determining whether the registrant is complying with these	30458
sections and of verifying the registrant's annual report.	30459

(B)(1) As required by the superintendent of financial	30460
institutions, each registrant shall file with the division each	30461
year a report under oath or affirmation, on forms supplied by the	30462
division, concerning the business and operations for the preceding	30463
calendar year. Whenever a registrant operates two or more	30464
registered offices or whenever two or more affiliated registrants	30465
operate registered offices, then a composite report of the group	30466
of registered offices may be filed in lieu of individual reports.	30467

(2) The division shall publish annually an analysis of the	30468
information required under division (B)(1) of this section, but	30469
the individual reports shall not be public records and shall not	30470
be open to public inspection.	30471

(3) Each mortgage licensee shall submit to the ~~nationwide~~	30472
~~mortgage licensing system and registry~~NMLS call reports or other	30473
reports of condition, which shall be in such form and shall	30474
contain such information as the ~~nationwide mortgage licensing~~	30475
~~system and registry~~NMLS may require.	30476

(4) If the division obtains a call report from the NMLS, the	30477
call report is confidential and not a public record for the	30478
purposes of section 149.43 of the Revised Code.	30479

(C)(1) The following information is confidential:

30480

(a) Examination information, and any information leading to	30481
or arising from an examination;	30482

(b) Investigation information, and any information arising	30483
from or leading to an investigation.	30484

(2) The information described in division (C)(1) of this	30485
section shall remain confidential for all purposes except when it	30486
is necessary for the superintendent to take official action	30487
regarding the affairs of a registrant or licensee, or in	30488
connection with criminal or civil proceedings to be initiated by a	30489
prosecuting attorney or the attorney general. This information may	30490
also be introduced into evidence or disclosed when and in the	30491
manner authorized by section 1181.25 of the Revised Code.	30492

(D) All application information, except social security	30493
numbers, employer identification numbers, financial account	30494
numbers, the identity of the institution where financial accounts	30495
are maintained, personal financial information, fingerprint cards	30496
and the information contained on such cards, and criminal	30497
background information, is a public record as defined in section	30498
149.43 of the Revised Code.	30499

(E) This section does not prevent the division of financial	30500
institutions from releasing to or exchanging with other financial	30501
institution regulatory authorities information relating to	30502
registrants and licensees. For this purpose, a "financial	30503
institution regulatory authority" includes a regulator of a	30504
business activity in which a registrant or licensee is engaged, or	30505
has applied to engage in, to the extent that the regulator has	30506
jurisdiction over a registrant or licensee engaged in that	30507
business activity. A registrant or licensee is engaged in a	30508
business activity, and a regulator of that business activity has	30509
jurisdiction over the registrant or licensee, whether the	30510
registrant or licensee conducts the activity directly or a	30511
subsidiary or affiliate of the registrant or licensee conducts the	30512
activity.	30513

(1) Any confidentiality or privilege arising under federal or	30514
state law with respect to any information or material provided to	30515
the ~~nationwide mortgage licensing system and registry~~NMLS shall	30516
continue to apply to the information or material after the	30517
information or material has been provided to the ~~nationwide~~	30518
~~mortgage licensing system and registry~~NMLS. The information and	30519
material so provided may be shared with all state and federal	30520
regulatory officials with mortgage industry oversight authority	30521
without the loss of confidentiality or privilege protections	30522
provided by federal law or the law of any state. Information or	30523
material described in division (E)(1) of this section to which	30524
confidentiality or privilege applies shall not be subject to any	30525
of the following:	30526

(a) Disclosure under any federal or state law governing	30527
disclosure to the public of information held by an officer or an	30528
agency of the federal government or of the respective state;	30529

(b) Subpoena or discovery, or admission into evidence, in any	30530
private civil action or administrative process, unless the person	30531
to whom such information or material pertains waives, in whole or	30532
in part and at the discretion of the person, any privilege held by	30533
the ~~nationwide mortgage licensing system and registry~~NMLS with	30534
respect to that information or material.	30535

(2) The superintendent, in order to promote more effective	30536
regulation and reduce regulatory burden through supervisory	30537
information sharing, may enter into sharing arrangements with	30538
other governmental agencies, the conference of state bank	30539
supervisors, and the American association of residential mortgage	30540
regulators.	30541

(3) Any state law, including section 149.43 of the Revised	30542
Code, relating to the disclosure of confidential supervisory	30543
information or any information or material described in division	30544
(C)(1) or (E)(1) of this section that is inconsistent with this	30545
section shall be superseded by the requirements of this section.	30546

(F) This section shall not apply with respect to information	30547
or material relating to the employment history of, and publicly	30548
adjudicated disciplinary and enforcement actions against, mortgage	30549
loan originators that is included in the ~~nationwide mortgage~~	30550
~~licensing system and registry~~NMLS for access by the public.	30551

(G) This section does not prevent the division from releasing	30552
information relating to registrants and licensees to the attorney	30553
general, to the superintendent of real estate and professional	30554
licensing for purposes relating to the administration of Chapters	30555
4735. and 4763. of the Revised Code, to the superintendent of	30556
insurance for purposes relating to the administration of Chapter	30557
3953. of the Revised Code, to the commissioner of securities for	30558
purposes relating to the administration of Chapter 1707. of the	30559
Revised Code, or to local law enforcement agencies and local	30560
prosecutors. Information the division releases pursuant to this	30561
section remains confidential.	30562

(H) The superintendent of financial institutions shall, by	30563
rule adopted in accordance with Chapter 119. of the Revised Code,	30564
establish a process by which mortgage loan originators may	30565
challenge information provided to the ~~nationwide mortgage~~	30566
~~licensing system and registry~~NMLS by the superintendent.	30567

(I) No person, in connection with any examination or	30568
investigation conducted by the superintendent under sections	30569
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	30570
the following:	30571

(1) Circumvent, interfere with, obstruct, or fail to	30572
cooperate, including making a false or misleading statement,	30573
failing to produce records, or intimidating or suborning any	30574
witness;	30575

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	30576
any books, records, computer records, or other information;	30577

(3) Tamper with, alter, or manufacture any evidence.

30578

Sec. 1322.01. As used in sections 1322.01 to 1322.12 of the	30579
Revised Code:	30580

(A) "Buyer" means an individual who is solicited to purchase	30581
or who purchases the services of a mortgage broker for purposes of	30582
obtaining a residential mortgage loan.	30583

(B) "Consumer reporting agency" has the same meaning as in	30584
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	30585
as amended.	30586

(C) "Employee" means an individual for whom a mortgage	30587
broker, in addition to providing a wage or salary, pays social	30588
security and unemployment taxes, provides workers' compensation	30589
coverage, and withholds local, state, and federal income taxes.	30590
"Employee" also includes any individual who acts as a loan	30591
originator or operations manager of a registrant, but for whom the	30592
registrant is prevented by law from making income tax	30593
withholdings.	30594

(D) "Licensee" means any individual who has been issued a	30595
loan originator license under sections 1322.01 to 1322.12 of the	30596
Revised Code.	30597

(E)(1) "Loan originator" means an individual who for	30598
compensation or gain, or in anticipation of compensation or gain,	30599
does any of the following:	30600

(a) Takes or offers to take a residential mortgage loan	30601
application;	30602

(b) Assists or offers to assist a buyer in obtaining or	30603
applying to obtain a residential mortgage loan by, among other	30604
things, advising on loan terms, including rates, fees, and other	30605
costs;	30606

(c) Offers or negotiates terms of a residential mortgage	30607
loan;	30608

(d) Issues or offers to issue a commitment for a residential	30609
mortgage loan to a buyer.	30610

(2) "Loan originator" does not include any of the following:

30611

(a) An individual who performs purely administrative or	30612
clerical tasks on behalf of a loan originator;	30613

(b) A person licensed under Chapter 4735. of the Revised	30614
Code, or under the similar law of another state, who performs only	30615
real estate brokerage activities permitted by that license,	30616
provided the person is not compensated by a mortgage lender,	30617
mortgage broker, loan originator, or by any agent thereof;	30618

(c) A person solely involved in extensions of credit relating	30619
to timeshare plans, as that term is defined in 11 U.S.C. 101 in	30620
effect on January 1, 2009;	30621

(d) An employee of a registrant who acts solely as a loan	30622
processor or underwriter and who does not represent to the public,	30623
through advertising or other means of communicating, including the	30624
use of business cards, stationery, brochures, signs, rate lists,	30625
or other promotional items, that the employee can or will perform	30626
any of the activities of a loan originator;	30627

(e) A mortgage loan originator licensed under sections	30628
1321.51 to 1321.60 of the Revised Code, when acting solely under	30629
that authority;	30630

(f) A licensed attorney who negotiates the terms of a	30631
residential mortgage loan on behalf of a client as an ancillary	30632
matter to the attorney's representation of the client, unless the	30633
attorney is compensated by a lender, a mortgage broker, or another	30634
loan originator, or by any agent thereof;	30635

(g) Any person engaged in the retail sale of manufactured	30636
homes, mobile homes, or industrialized units if, in connection	30637
with financing those retail sales, the person only assists the	30638
borrower by providing or transmitting the loan application and	30639
does not do any of the following:	30640

(i) Offer or negotiate the residential mortgage loan rates or	30641
terms;	30642

(ii) Provide any counseling with borrowers about residential	30643
mortgage loan rates or terms;	30644

(iii) Receive any payment or fee from any company or	30645
individual for assisting the borrower obtain or apply for	30646
financing to purchase the manufactured home, mobile home, or	30647
industrialized unit;	30648

(iv) Assist the borrower in completing a residential mortgage	30649
loan application.	30650

(h) An individual employed by a nonprofit organization that	30651
is recognized as tax exempt under 26 U.S.C. 501(c)(3) and whose	30652
primary activity is the construction, remodeling, or	30653
rehabilitation of homes for use by low-income families, provided	30654
that the nonprofit organization makes no-profit mortgage loans or	30655
mortgage loans at zero per cent interest to low-income families	30656
and no fees accrue directly to the nonprofit organization or	30657
individual employed by the nonprofit organization from those	30658
mortgage loans and that the United States department of housing	30659
and urban development does not deny this exemption.	30660

(F) "Mortgage" means any indebtedness secured by a deed of	30661
trust, security deed, or other lien on real property.	30662

(G)(1) "Mortgage broker" means any of the following:

30663

(a) A person that holds that person out as being able to	30664
assist a buyer in obtaining a mortgage and charges or receives	30665
from either the buyer or lender money or other valuable	30666
consideration readily convertible into money for providing this	30667
assistance;	30668

(b) A person that solicits financial and mortgage information	30669
from the public, provides that information to a mortgage broker or	30670
a person that makes residential mortgage loans, and charges or	30671
receives from either of them money or other valuable consideration	30672
readily convertible into money for providing the information;	30673

(c) A person engaged in table-funding or warehouse-lending	30674
mortgage loans that are first lien residential mortgage loans.	30675

(2) "Mortgage broker" does not include any of the following	30676
persons only with respect to business engaged in or authorized by	30677
the person's charter, license, authority, approval, or	30678
certificate, or as otherwise authorized by division (G)(2)(h) of	30679
this section:	30680

(a) A person that makes residential mortgage loans and	30681
receives a scheduled payment on each of those mortgage loans;	30682

(b) Any entity chartered and lawfully doing business under	30683
the authority of any law of this state, another state, or the	30684
United States as a bank, savings bank, trust company, savings and	30685
loan association, or credit union, or a subsidiary of any such	30686
entity, which subsidiary is regulated by a federal banking agency	30687
and is owned and controlled by a depository institution;	30688

(c) A consumer reporting agency that is in substantial	30689
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	30690
U.S.C.A. 1681a, as amended;	30691

(d) Any political subdivision, or any governmental or other	30692
public entity, corporation, instrumentality, or agency, in or of	30693
the United States or any state;	30694

(e) A college or university, or controlled entity of a	30695
college or university, as those terms are defined in section	30696
1713.05 of the Revised Code;	30697

(f) Any entity created solely for the purpose of securitizing	30698
loans secured by an interest in real estate, provided the entity	30699
does not service the loans. For purposes of division (G)(2)(f) of	30700
this section, "securitizing" means the packaging and sale of	30701
mortgage loans as a unit for sale as investment securities, but	30702
only to the extent of those activities.	30703

(g) Any person engaged in the retail sale of manufactured	30704
homes, mobile homes, or industrialized units if, in connection	30705
with obtaining financing by others for those retail sales, the	30706
person only assists the borrower by providing or transmitting the	30707
loan application and does not do any of the following:	30708

(i) Offer or negotiate the residential mortgage loan rates or	30709
terms;	30710

(ii) Provide any counseling with borrowers about residential	30711
mortgage loan rates or terms;	30712

(iii) Receive any payment or fee from any company or	30713
individual for assisting the borrower obtain or apply for	30714
financing to purchase the manufactured home, mobile home, or	30715
industrialized unit;	30716

(iv) Assist the borrower in completing the residential	30717
mortgage loan application.	30718

(h) A mortgage banker, provided it complies with section	30719
1322.022 of the Revised Code and holds a valid letter of exemption	30720
issued by the superintendent. For purposes of this section,	30721
"mortgage banker" means any person that makes, services, buys, or	30722
sells residential mortgage loans secured by a first lien, that	30723
underwrites the loans, and that meets at least one of the	30724
following criteria:	30725

(i) The person has been directly approved by the United	30726
States department of housing and urban development as a	30727
nonsupervised mortgagee with participation in the direct	30728
endorsement program. Division (G)(2)(h)(i) of this section	30729
includes a person that has been directly approved by the United	30730
States department of housing and urban development as a	30731
nonsupervised mortgagee with participation in the direct	30732
endorsement program and that makes loans in excess of the	30733
applicable loan limit set by the federal national mortgage	30734
association, provided that the loans in all respects, except loan	30735
amounts, comply with the underwriting and documentation	30736
requirements of the United States department of housing and urban	30737
development. Division (G)(2)(h)(i) of this section does not	30738
include a mortgagee approved as a loan correspondent.	30739

(ii) The person has been directly approved by the federal	30740
national mortgage association as a seller/servicer. Division	30741
(G)(2)(h)(ii) of this section includes a person that has been	30742
directly approved by the federal national mortgage association as	30743
a seller/servicer and that makes loans in excess of the applicable	30744
loan limit set by the federal national mortgage association,	30745
provided that the loans in all respects, except loan amounts,	30746
comply with the underwriting and documentation requirements of the	30747
federal national mortgage association.	30748

(iii) The person has been directly approved by the federal	30749
home loan mortgage corporation as a seller/servicer. Division	30750
(G)(2)(h)(iii) of this section includes a person that has been	30751
directly approved by the federal home loan mortgage corporation as	30752
a seller/servicer and that makes loans in excess of the applicable	30753
loan limit set by the federal home loan mortgage corporation,	30754
provided that the loans in all respects, except loan amounts,	30755
comply with the underwriting and documentation requirements of the	30756
federal home loan mortgage corporation.	30757

(iv) The person has been directly approved by the United	30758
States department of veterans affairs as a nonsupervised automatic	30759
lender. Division (G)(2)(h)(iv) of this section does not include a	30760
person directly approved by the United States department of	30761
veterans affairs as a nonsupervised lender, an agent of a	30762
nonsupervised automatic lender, or an agent of a nonsupervised	30763
lender.	30764

(i) A nonprofit organization that is recognized as tax exempt	30765
under 26 U.S.C. 501(c)(3) and whose primary activity is the	30766
construction, remodeling, or rehabilitation of homes for use by	30767
low-income families, provided that the nonprofit organization	30768
makes no-profit mortgage loans or mortgage loans at zero per cent	30769
interest to low-income families and no fees accrue directly to the	30770
nonprofit organization from those mortgage loans and that the	30771
United States department of housing and urban development does not	30772
deny this exemption.	30773

(j) A credit union service organization, provided that the	30774
organization utilizes services provided by registered loan	30775
originators or that it holds a valid letter of exemption issued by	30776
the superintendent under section 1322.023 of the Revised Code and	30777
complies with that section.	30778

(H) "Operations manager" means the employee or owner	30779
responsible for the everyday operations, compliance requirements,	30780
and management of a mortgage broker business.	30781

(I) "Registered loan originator" means an individual to whom	30782
both of the following apply:	30783

(1) The individual is a loan originator and an employee of a	30784
depository institution, a subsidiary that is owned and controlled	30785
by a depository institution and regulated by a federal banking	30786
agency, or an institution regulated by the farm credit	30787
administration.	30788

(2) The individual is registered with, and maintains a unique	30789
identifier through, the ~~nationwide mortgage licensing system and~~	30790
~~registry~~NMLS.	30791

(J) "Registrant" means any person that has been issued a	30792
mortgage broker certificate of registration under sections 1322.01	30793
to 1322.12 of the Revised Code.	30794

(K) "Superintendent of financial institutions" includes the	30795
deputy superintendent for consumer finance as provided in section	30796
1181.21 of the Revised Code.	30797

(L) "Table-funding mortgage loan" means a residential	30798
mortgage loan transaction in which the residential mortgage loan	30799
is initially payable to the mortgage broker, the mortgage broker	30800
does not use the mortgage broker's own funds to fund the	30801
transaction, and, by the terms of the mortgage or other agreement,	30802
the mortgage is simultaneously assigned to another person.	30803

(M) "Warehouse-lending mortgage loan" means a residential	30804
mortgage loan transaction in which the residential mortgage loan	30805
is initially payable to the mortgage broker, the mortgage broker	30806
uses the mortgage broker's own funds to fund the transaction, and	30807
the mortgage is sold or assigned before the mortgage broker	30808
receives a scheduled payment on the residential mortgage loan.	30809

(N) "Administrative or clerical tasks" means the receipt,	30810
collection, and distribution of information common for the	30811
processing or underwriting of a loan in the mortgage industry, and	30812
communication with a consumer to obtain information necessary for	30813
the processing or underwriting of a residential mortgage loan.	30814

(O) "Appraisal company" means a sole proprietorship,	30815
partnership, corporation, limited liability company, or any other	30816
business entity or association, that employs or retains the	30817
services of a person licensed or certified under Chapter 4763. of	30818
the Revised Code for purposes of performing residential real	30819
estate appraisals for mortgage loans.	30820

(P) "Depository institution" has the same meaning as in	30821
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	30822
U.S.C. 1813, and includes any credit union.	30823

(Q) "Federal banking agency" means the board of governors of	30824
the federal reserve system, the comptroller of the currency, the	30825
director of the office of thrift supervision, the national credit	30826
union administration, and the federal deposit insurance	30827
corporation.	30828

(R) "Immediate family" means an individual's spouse, child,	30829
stepchild, parent, stepparent, grandparent, grandchild, brother,	30830
sister, parent-in-law, brother-in-law, or sister-in-law.	30831

(S) "Individual" means a natural person.

30832

(T) "Loan processor or underwriter" means an individual who	30833
performs clerical or support duties at the direction of and	30834
subject to the supervision and instruction of a licensed loan	30835
originator or registered loan originator. For purposes of this	30836
division, to "perform clerical or support duties" means to do all	30837
of the following activities:	30838

(1) Receiving, collecting, distributing, and analyzing	30839
information common for the processing or underwriting of a	30840
residential mortgage loan;	30841

(2) Communicating with a buyer to obtain the information	30842
necessary for the processing or underwriting of a loan, to the	30843
extent the communication does not include offering or negotiating	30844
loan rates or terms or counseling buyers about residential	30845
mortgage loan rates or terms.	30846

(U) "Nationwide mortgage licensing system and registry" or	30847
"NMLS" means a mortgage licensing system developed and maintained	30848
by the conference of state bank supervisors and the American	30849
association of residential mortgage regulators, or their successor	30850
entities, for the licensing and registration of loan originators,	30851
or any system established by the secretary of housing and urban	30852
development pursuant to the "Secure and Fair Enforcement for	30853
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	30854

(V) "Nontraditional mortgage product" means any mortgage	30855
product other than a thirty-year fixed rate mortgage.	30856

(W) "Real estate brokerage activity" means any activity that	30857
involves offering or providing real estate brokerage services to	30858
the public, including all of the following:	30859

(1) Acting as a real estate agent or real estate broker for a	30860
buyer, seller, lessor, or lessee of real property;	30861

(2) Bringing together parties interested in the sale,	30862
purchase, lease, rental, or exchange of real property, other than	30863
in connection with providing financing for any such transaction;	30864

(3) Negotiating, on behalf of any party, any portion of a	30865
contract relating to the sale, purchase, lease, rental, or	30866
exchange of real property, other than in connection with providing	30867
financing for any such transaction;	30868

(4) Engaging in any activity for which a person engaged in	30869
that activity is required to be registered or licensed as a real	30870
estate agent or real estate broker under any applicable law;	30871

(5) Offering to engage in any activity, or to act in any	30872
capacity, described in division (W) of this section.	30873

(X) "Residential mortgage loan" means any loan primarily for	30874
personal, family, or household use that is secured by a mortgage	30875
or other equivalent consensual security interest on a dwelling or	30876
on residential real estate upon which is constructed or intended	30877
to be constructed a dwelling. For purposes of this division,	30878
"dwelling" has the same meaning as in section 103 of the "Truth in	30879
Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	30880

(Y) "State," in the context of referring to states in	30881
addition to Ohio, means any state of the United States, the	30882
district of Columbia, any territory of the United States, Puerto	30883
Rico, Guam, American Samoa, the trust territory of the Pacific	30884
islands, the virgin islands, and the northern Mariana islands.	30885

(Z) "Unique identifier" means a number or other identifier	30886
that permanently identifies a loan originator and is assigned by	30887
protocols established by the ~~nationwide mortgage licensing system~~	30888
~~and registry~~NMLS or federal banking agencies to facilitate	30889
electronic tracking of loan originators and uniform identification	30890
of, and public access to, the employment history of and the	30891
publicly adjudicated disciplinary and enforcement actions against	30892
loan originators.	30893

Sec. 1322.051. (A) Each person designated under division	30894
(A)(3) of section 1322.03 of the Revised Code to act as operations	30895
manager for a mortgage broker business shall submit to a written	30896
test approved by the superintendent of financial institutions. An	30897
individual shall not be considered to have passed the written test	30898
unless the individual achieves a test score of at least	30899
seventy-five per cent correct answers to all questions.	30900

(B) Each applicant for a loan originator license shall submit	30901
to a written test that is developed and approved by the ~~nationwide~~	30902
~~mortgage licensing system and registry~~NMLS and administered by a	30903
test provider approved by the ~~nationwide mortgage licensing system~~	30904
~~and registry~~NMLS based on reasonable standards.	30905

(1) The test shall adequately measure the applicant's	30906
knowledge and comprehension in appropriate subject areas,	30907
including ethics, federal and state law related to mortgage	30908
origination, fraud, consumer protection, and the nontraditional	30909
mortgage marketplace, and fair lending issues.	30910

(2) An individual shall not be considered to have passed the	30911
written test unless the individual achieves a test score of at	30912
least seventy-five per cent correct answers on all questions ~~and~~	30913
~~at least seventy-five per cent correct answers on all questions~~	30914
~~relating to state mortgage lending laws and the Ohio consumer~~	30915
~~sales practices act, Chapter 1345. of the Revised Code, as it~~	30916
~~applies to registrants and licensees~~.	30917

(3) An individual may retake the test three consecutive times	30918
provided the period between taking the tests is at least thirty	30919
days. If an individual fails three consecutive tests, the	30920
individual shall be required to wait at least six months before	30921
taking the test again.	30922

(4) If a loan originator fails to maintain a valid loan	30923
originator license for a period of five years or longer, the	30924
individual shall be required to retake the test.	30925

For this purpose, any time during which the individual is a	30926
registered loan originator shall not be taken into account.	30927

(C) Notwithstanding division (B) of this section, until the	30928
~~nationwide mortgage licensing system and registry~~NMLS implements	30929
a testing process that meets the criteria set forth in that	30930
division, the superintendent shall require each applicant to pass	30931
a written test acceptable to the superintendent.	30932

Sec. 1327.46. As used in sections 1327.46 to 1327.61 of the	30933
Revised Code:	30934

(A) "Weights and measures" means all weights and measures of	30935
every kind, instruments and devices for weighing and measuring,	30936
and any appliances and accessories associated with any such	30937
instruments and devices, except that "weights and measures" shall	30938
not be construed to include meters for the measurement of	30939
electricity, gas, whether natural or manufactured, or water when	30940
the same are operated in a public utility system. Such	30941
electricity, gas, and water meters, and appliances or accessories	30942
associated therewith, are specifically excluded from the purview	30943
of the weights and measures laws.	30944

(B) "Intrastate commerce" means all commerce or trade that is	30945
begun, carried on, and completed wholly within the limits of this	30946
state, and "introduced into intrastate commerce" defines the time	30947
and place in which the first sale and delivery of a commodity is	30948
made within the state, the delivery being made either directly to	30949
the purchaser or to a common carrier for shipment to the	30950
purchaser.	30951

(C) "Package" means any commodity put up or packaged in any	30952
manner in advance of sale in units suitable for either wholesale	30953
or retail sale.	30954

(D) "Consumer package" means a package that is customarily	30955
produced or distributed for sale through a retail sales agency for	30956
consumption by an individual or use by an individual.	30957

(E) "Weight" as used in connection with any commodity means	30958
net weight.	30959

(F) "Correct" as used in connection with weights and measures	30960
means conformity with all applicable requirements of sections	30961
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	30962
to those sections.	30963

(G) "~~Primary~~Reference standards" means the physical	30964
standards of the state that serve as the legal reference from	30965
which all other standards and weights and measures are derived.	30966

(H) "~~Secondary~~Working standards" means the physical	30967
standards that are traceable to the ~~primary~~reference standards	30968
through comparisons, using acceptable laboratory procedures, and	30969
used in the enforcement of weights and measures laws and rules.	30970

(I) "Sale from bulk" means the sale of commodities when the	30971
quantity is determined at the time of sale.	30972

(J) "Net weight" means the weight of a commodity, excluding	30973
any materials, substances, or items not considered to be a part of	30974
the commodity. Materials, substances, or items not considered to	30975
be part of the commodity include, but are not limited to,	30976
containers, conveyances, bags, wrappers, packaging materials,	30977
labels, individual piece coverings, decorative accompaniments, and	30978
coupons.	30979

(K) "Random weight package" means a package that is one of a	30980
lot, shipment, or delivery of packages of the same commodity with	30981
no fixed pattern of weights.	30982

(L) "Sold" includes keeping, offering, or exposing for sale.

30983

(M) "Commercially used weighing and measuring device" means a	30984
device described in the national institute of standards and	30985
technology handbook 44 or its supplements and revisions and any	30986
other weighing and measuring device designated by rules adopted	30987
under division (C) of section 1327.50 of the Revised Code.	30988
"Commercially used weighing and measuring device" includes, but is	30989
not limited to, a livestock scale, vehicle scale, railway scale,	30990
vehicle tank meter, bulk rack meter, and LPG meter.	30991

(N) "Livestock scale" means a scale equipped with stock racks	30992
and gates that is adapted to weighing livestock standing on the	30993
scale platform.	30994

(O) "Vehicle scale" means a scale that is adapted to weighing	30995
highway, farm, or other large industrial vehicles other than	30996
railroad cars.	30997

(P) "Railway scale" means a rail scale that is designed to	30998
weigh railroad cars.	30999

(Q) "Vehicle tank meter" means a vehicle mounted device that	31000
is designed for the measurement and delivery of liquid products	31001
from a tank.	31002

(R) "Bulk rack meter" means a wholesale device, usually	31003
mounted on a rack, that is designed for the measurement and	31004
delivery of liquid products.	31005

(S) "LPG meter" means a system, including a mechanism or	31006
machine of the meter type, that is designed to measure and deliver	31007
liquefied petroleum gas in the liquid state by a definite quantity	31008
whether installed in a permanent location or mounted on a vehicle.	31009

(T) "Service person" means an individual who installs,	31010
services, repairs, reconditions, or places into service a	31011
commercially used weighing and measuring device for any type of	31012
compensation.	31013

Sec. 1327.48. Weights and measures that are traceable to the	31014
United States prototype standards supplied by the federal	31015
government, or approved as being satisfactory by the national	31016
institute of standards and technology, shall be the state ~~primary~~	31017
reference standards of weights and measures, and shall be	31018
maintained in such calibration as is prescribed by the national	31019
institute of standards and technology. All ~~secondary~~working	31020
standards may be prescribed by the director of agriculture and	31021
shall be verified upon their initial receipt, and as often as	31022
found necessary by the director.	31023

Sec. 1327.50. The director of agriculture shall:

31024

(A) Maintain traceability of the state standards to those of	31025
the ~~national institute of standards and technology~~international	31026
system of units;	31027

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

31028

(C) Issue reasonable rules for the uniform enforcement of	31029
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	31030
have the force and effect of law;	31031

(D) Establish standards of weight, measure, or count,	31032
reasonable standards of fill, and standards for the voluntary	31033
presentation of cost per unit information for any package;	31034

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	31035
the Revised Code, or any rules adopted under those sections, when	31036
appropriate to the maintenance of good commercial practices in the	31037
state;	31038

(F) Conduct investigations to ensure compliance with sections	31039
1327.46 to 1327.61 of the Revised Code;	31040

(G) Delegate to appropriate personnel any of these	31041
responsibilities for the proper administration of the director's	31042
office;	31043

(H) Test as often as is prescribed by rule the standards of	31044
weight and measure used by any municipal corporation or county	31045
within the state, and approve the same when found to be correct;	31046

(I) Inspect and test weights and measures that are sold;

31047

(J) Inspect and test to ascertain if they are correct,	31048
weights and measures commercially used either:	31049

(1) In determining the weight, measure, or count of	31050
commodities or things sold on the basis of weight, measure, or	31051
count;	31052

(2) In computing the basic charge or payment for goods or	31053
services rendered on the basis of weight, measure, or count.	31054

(K) Test all weights and measures used in checking the	31055
receipt or disbursement of supplies in every institution, for the	31056
maintenance of which funds are appropriated by the general	31057
assembly;	31058

(L) Approve for use, and may mark, such weights and measures	31059
as the director finds to be correct, and shall reject and mark as	31060
rejected such weights and measures as the director finds to be	31061
incorrect. Weights and measures that have been rejected may be	31062
seized if not corrected within the time specified or if used or	31063
disposed of in a manner not specifically authorized, and may be	31064
condemned and seized if found to be incorrect and not capable of	31065
being made correct.	31066

(M) Weigh, measure, or inspect packaged commodities that are	31067
sold or in the process of delivery to determine whether they	31068
contain the amounts represented and whether they are sold in	31069
accordance with sections 1327.46 to 1327.61 of the Revised Code or	31070
rules adopted under those sections. In carrying out this section,	31071
the director shall employ recognized sampling procedures, such as	31072
those designated in the national institute of standards and	31073
technology handbook 133 "checking the net contents of packaged	31074
goods."	31075

(N) Prescribe by rule the appropriate term or unit of weight	31076
or measure to be used, whenever the director determines in the	31077
case of a specific commodity that an existing practice of	31078
declaring the quantity by weight, measure, numerical count, or	31079
combination thereof, does not facilitate value comparisons by	31080
consumers, or offers an opportunity for consumer confusion;	31081

(O) Allow reasonable variations from the stated quantity of	31082
contents, which shall include those caused by unavoidable	31083
deviations in good manufacturing practice and by loss or gain of	31084
moisture during the course of good distribution practice, only	31085
after the commodity has entered intrastate commerce;	31086

(P) Provide for the weights and measures training of	31087
inspector personnel and establish minimum training requirements,	31088
which shall be met by all inspector personnel, whether county,	31089
municipal, or state;	31090

(Q) Prescribe the methods of tests and inspections to be	31091
employed in the enforcement of sections 1327.46 to 1327.61 of the	31092
Revised Code. The director may prescribe the official test and	31093
inspection forms to be used.	31094

(R) Provide by rule for ~~voluntary~~ registration with the	31095
director of ~~private~~service persons who are employed by	31096
commercially used weighing and measuring device servicing	31097
agencies~~, and personnel~~;	31098

(S) In conjunction with the national institute of standards	31099
and technology, operate a type evaluation program for	31100
certification of weighing and measuring devices as part of the	31101
national type evaluation program. The director shall establish a	31102
schedule of fees for services rendered by the department of	31103
agriculture for type evaluation services. The director may require	31104
any weighing or measuring instrument or device to be traceable to	31105
a national type evaluation program certificate of conformance	31106
prior to use for commercial or law enforcement purposes.	31107

(T) Verify advertised prices, price representations, and	31108
point-of-sale systems, as necessary, to determine both the	31109
accuracy of prices and computations and the correct use of the	31110
equipment and the accuracy of prices printed or recalled from a	31111
database if a system utilizes scanning or coding in lieu of manual	31112
entry. In order to implement this division, the director shall do	31113
all of the following:	31114

(1) Employ recognized procedures such as those designated in	31115
the national institute of standards and technology handbook 130,	31116
uniform laws and regulations, "examination procedures for price	31117
verification";	31118

(2) Adopt rules establishing requirements governing the	31119
accuracy of advertised prices and point-of-sale systems and	31120
establishing requirements and procedures for the enforcement of	31121
this division;	31122

(3) Conduct necessary inspections.

31123

Sec. 1327.501. (A) No person shall operate in this state a	31124
commercially used weighing and measuring device that provides the	31125
~~final~~ quantity ~~and final~~or cost of a final transaction and for	31126
which a fee is established in division (G) of this section unless	31127
the operator of the device obtains a permit issued by the director	31128
of agriculture or the director's designee.	31129

(B) An application for a permit shall be submitted to the	31130
director on a form that the director prescribes and provides. The	31131
applicant shall include with the application any information that	31132
is specified on the application form as well as the application	31133
fee established in this section.	31134

(C) Upon receipt of a completed application and the required	31135
fee from an applicant, the director or the director's designee	31136
shall issue or deny the permit to operate the commercially used	31137
weighing and measuring device that was the subject of the	31138
application.	31139

(D) A permit issued under this section expires on the	31140
thirtieth day of June of the year following its issuance and may	31141
be renewed annually on or before the first day of July of that	31142
year upon payment of a permit renewal fee established in this	31143
section.	31144

(E) If a permit renewal fee is more than sixty days past due,	31145
the director may assess a late penalty in an amount established	31146
under this section.	31147

(F) The director shall do both of the following:

31148

(1) Establish procedures and requirements governing the	31149
issuance or denial of permits under this section;	31150

(2) Establish late penalties to be assessed for the late	31151
payment of a permit renewal fee and fees for the replacement of	31152
lost or destroyed permits.	31153

(G) An applicant for a permit to operate under this section	31154
shall pay an application fee in the following applicable amount:	31155

(1) Seventy-five dollars for a livestock scale;

31156

(2) Seventy-five dollars for a vehicle scale;

31157

(3) Seventy-five dollars for a railway scale;

31158

(4) Seventy-five dollars for a vehicle tank meter;

31159

(5) Seventy-five dollars for a bulk rack meter;

31160

(6) Seventy-five dollars for aan LPG meter.

31161

A person who is issued a permit under this section and who	31162
seeks to renew that permit shall pay an annual permit renewal fee.	31163
The amount of a permit renewal fee shall be equal to the	31164
application fee for that permit established in this division.	31165

(H) All money collected through the payment of fees and the	31166
imposition of penalties under this section shall be credited to	31167
the metrology and scale certification and device permitting fund	31168
created in section 1327.511 of the Revised Code.	31169

Sec. 1327.502. A service person who is employed by a	31170
commercially used weighing and measuring device servicing agency	31171
shall register with the director of agriculture in accordance with	31172
rules adopted under section 1327.50 of the Revised Code.	31173

Sec. 1327.61. No person shall do any of the following:

31174

(A) Use or have in possession for use in commerce any	31175
incorrect weight or measure;	31176

(B) Wrap, package, label, or advertise any product or service	31177
contrary to this chapter, or any rules adopted under it, or sell,	31178
offer, hold, or expose for sale any service or product wrapped,	31179
packaged, labeled, or offered for sale contrary to this chapter or	31180
any rules adopted under it, or misrepresent the quantity or price	31181
or service contrary to this chapter, or any rules adopted under	31182
it;	31183

(C) Remove any tag, seal, or mark from any weight or measure	31184
without specific written authorization from the proper authority;	31185

(D) Install for use, repair, service, or place into service a	31186
commercially used weighing and measuring device unless the	31187
installation, repair, service, or placement is performed by one of	31188
the following:	31189

(1) A department of agriculture division of weights and	31190
measures inspector;	31191

(2) A service person registered with the department;

31192

(3) A county or municipal weights and measures inspector.

31193

(E) Hinder or obstruct any weights and measures official in	31194
the performance of ~~his~~official duties;	31195

~~(E)~~(F) Sell or offer for use in commerce any incorrect weight	31196
or measure.	31197

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	31198
or division (A), (B), (C), or ~~(D)~~(E) of section 1327.61 of the	31199
Revised Code or a rule adopted under sections 1327.46 to 1327.61	31200
of the Revised Code is guilty of a misdemeanor of the second	31201
degree on a first offense; on each subsequent offense within seven	31202
years after the first offense, ~~such~~the person is guilty of a	31203
misdemeanor of the first degree.	31204

Sec. 1332.26. (A) No political subdivision shall require a	31205
video service provider to obtain from it any authority to provide	31206
video service within its boundaries.	31207

(B) Except as authorized under division (C) of this section	31208
and under sections 1332.30 and 1332.32 of the Revised Code, no	31209
political subdivision shall request anything of value from a video	31210
service provider for providing video service; impose any fee,	31211
license, or gross receipt tax on the provision of video service by	31212
such a provider; or impose any franchise or other requirement on	31213
the provision of video service by a video service provider,	31214
including, but not limited to, any provision regulating rates	31215
charged by a video service provider or establishing any build-out	31216
requirement or requirement to deploy any facility or equipment.	31217

(C) When requested to do so, a video service provider shall	31218
assist a municipal corporation or township in addressing video	31219
service subscriber complaints, in a manner consistent with the	31220
provider's complaint handling process set forth in its application	31221
pursuant to division (A)(7) of section 1332.24 of the Revised	31222
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	31223
affects any authority granted under sections 1345.01 to 1345.13 of	31224
the Revised Code.	31225

(D) A video service provider shall meet all of the following	31226
customer service standards:	31227

(1) The provider shall restore video service within	31228
seventy-two hours after a subscriber reports a service	31229
interruption or other problem if the cause was not a natural	31230
disaster.	31231

(2) Upon a report by a subscriber of a service interruption	31232
and if the interruption is caused by the video service provider	31233
and lasts for more than fours hours in a given day, the provider	31234
shall give the subscriber a credit in the amount of the cost of	31235
each such day's video service as would be billed to the	31236
subscriber.	31237

(3) Upon a report by a subscriber of a service interruption	31238
and if the interruption is not caused by the video service	31239
provider and lasts for more than twenty-four consecutive hours,	31240
the provider shall give the subscriber, for each hour of service	31241
interruption, a credit in the amount of the cost of per hour video	31242
service as would be billed to the subscriber.	31243

(4) The provider shall give a subscriber at least thirty	31244
days' advance, written notice before removing a channel from the	31245
provider's video service, but no such notice is required if the	31246
provider must remove the channel because of circumstances beyond	31247
its control.	31248

(5) The provider shall give a subscriber at least ten days'	31249
advance, written notice of a disconnection of all or part of the	31250
subscriber's video service, except if ~~the disconnection~~any of the	31251
following apply:	31252

(a) Disconnection has been requested by the subscriber,.

31253

(b) Disconnection is necessary to prevent theft of video	31254
service~~, or~~.	31255

(c) Disconnection is necessary to prevent the use of video	31256
service through fraud.	31257

(d) Disconnection is necessary to reduce or prevent signal	31258
leakage as described in 47 C.F.R. 76.611.	31259

(6) The provider shall not establish a due date earlier than	31260
fourteen days after a video service bill is issued.	31261

(7) The provider shall not disconnect all or part of a	31262
subscriber's video service for failure of the subscriber to pay	31263
any amount of its video service bill, until the ~~bill~~amount is at	31264
least ~~forty-five~~fourteen days past due.	31265

~~(7)~~(8) The provider shall give a subscriber at least thirty	31266
days' advance, written notice before instituting an increase in	31267
video service rates.	31268

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	31269
Revised Code:	31270

(A) "Adult" means a person who is eighteen years of age or	31271
older.	31272

(B) "Attending physician" means the physician to whom a	31273
principal or the family of a principal has assigned primary	31274
responsibility for the treatment or care of the principal or, if	31275
the responsibility has not been assigned, the physician who has	31276
accepted that responsibility.	31277

31278

(1) Nutrition when administered to diminish the pain or	31279
discomfort of a principal, but not to postpone death;	31280

(2) Hydration when administered to diminish the pain or	31281
discomfort of a principal, but not to postpone death;	31282

(3) Any other medical or nursing procedure, treatment,	31283
intervention, or other measure that is taken to diminish the pain	31284
or discomfort of a principal, but not to postpone death.	31285

(D) "Consulting physician" means a physician who, in	31286
conjunction with the attending physician of a principal, makes one	31287
or more determinations that are required to be made by the	31288
attending physician, or to be made by the attending physician and	31289
one other physician, by an applicable provision of sections	31290
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	31291
medical certainty and in accordance with reasonable medical	31292
standards.	31293

(E) "Declaration for mental health treatment" has the same	31294
meaning as in section 2135.01 of the Revised Code.	31295

(F) "Guardian" means a person appointed by a probate court	31296
pursuant to Chapter 2111. of the Revised Code to have the care and	31297
management of the person of an incompetent.	31298

(G) "Health care" means any care, treatment, service, or	31299
procedure to maintain, diagnose, or treat an individual's physical	31300
or mental condition or physical or mental health.	31301

(H) "Health care decision" means informed consent, refusal to	31302
give informed consent, or withdrawal of informed consent to health	31303
care.	31304

(I) "Health care facility" means any of the following:

31305

(1) A hospital;

31306

(2) A hospice care program, pediatric respite care program,	31307
or other institution that specializes in comfort care of patients	31308
in a terminal condition or in a permanently unconscious state;	31309

(3) A nursing home;

31310

(4) A home health agency;

31311

(5) An intermediate care facility for ~~the mentally retarded~~	31312
individuals with intellectual disabilities;	31313

(6) A regulated community mental health organization.

31314

(J) "Health care personnel" means physicians, nurses,	31315
physician assistants, emergency medical technicians-basic,	31316
emergency medical technicians-intermediate, emergency medical	31317
technicians-paramedic, medical technicians, dietitians, other	31318
authorized persons acting under the direction of an attending	31319
physician, and administrators of health care facilities.	31320

(K) "Home health agency" has the same meaning as in section	31321
3701.881 of the Revised Code.	31322

(L) "Hospice care program" and "pediatric respite care	31323
program" have the same meanings as in section 3712.01 of the	31324
Revised Code.	31325

(M) "Hospital" has the same meanings as in sections 3701.01,	31326
3727.01, and 5122.01 of the Revised Code.	31327

(N) "Hydration" means fluids that are artificially or	31328
technologically administered.	31329

(O) "Incompetent" has the same meaning as in section 2111.01	31330
of the Revised Code.	31331

(P) "Intermediate care facility for ~~the mentally retarded~~	31332
individuals with intellectual disabilities" has the same meaning	31333
as in section ~~5111.20~~5124.01 of the Revised Code.	31334

(Q) "Life-sustaining treatment" means any medical procedure,	31335
treatment, intervention, or other measure that, when administered	31336
to a principal, will serve principally to prolong the process of	31337
dying.	31338

(R) "Medical claim" has the same meaning as in section	31339
2305.113 of the Revised Code.	31340

(S) "Mental health treatment" has the same meaning as in	31341
section 2135.01 of the Revised Code.	31342

(T) "Nursing home" has the same meaning as in section 3721.01	31343
of the Revised Code.	31344

(U) "Nutrition" means sustenance that is artificially or	31345
technologically administered.	31346

(V) "Permanently unconscious state" means a state of	31347
permanent unconsciousness in a principal that, to a reasonable	31348
degree of medical certainty as determined in accordance with	31349
reasonable medical standards by the principal's attending	31350
physician and one other physician who has examined the principal,	31351
is characterized by both of the following:	31352

(1) Irreversible unawareness of one's being and environment.

31353

(2) Total loss of cerebral cortical functioning, resulting in	31354
the principal having no capacity to experience pain or suffering.	31355

(W) "Person" has the same meaning as in section 1.59 of the	31356
Revised Code and additionally includes political subdivisions and	31357
governmental agencies, boards, commissions, departments,	31358
institutions, offices, and other instrumentalities.	31359

(X) "Physician" means a person who is authorized under	31360
Chapter 4731. of the Revised Code to practice medicine and surgery	31361
or osteopathic medicine and surgery.	31362

(Y) "Political subdivision" and "state" have the same	31363
meanings as in section 2744.01 of the Revised Code.	31364

(Z) "Professional disciplinary action" means action taken by	31365
the board or other entity that regulates the professional conduct	31366
of health care personnel, including the state medical board and	31367
the board of nursing.	31368

(AA) "Regulated community mental health organization" means a	31369
residential facility as defined and licensed under section ~~5119.22~~	31370
5119.34 of the Revised Code or a community mental health ~~agency~~	31371
services provider as defined in section 5122.01 of the Revised	31372
Code.	31373

(BB) "Terminal condition" means an irreversible, incurable,	31374
and untreatable condition caused by disease, illness, or injury	31375
from which, to a reasonable degree of medical certainty as	31376
determined in accordance with reasonable medical standards by a	31377
principal's attending physician and one other physician who has	31378
examined the principal, both of the following apply:	31379

(1) There can be no recovery.

31380

(2) Death is likely to occur within a relatively short time	31381
if life-sustaining treatment is not administered.	31382

(CC) "Tort action" means a civil action for damages for	31383
injury, death, or loss to person or property, other than a civil	31384
action for damages for a breach of contract or another agreement	31385
between persons.	31386

Sec. 1347.08. (A) Every state or local agency that maintains	31387
a personal information system, upon the request and the proper	31388
identification of any person who is the subject of personal	31389
information in the system, shall:	31390

(1) Inform the person of the existence of any personal	31391
information in the system of which the person is the subject;	31392

(2) Except as provided in divisions (C) and (E)(2) of this	31393
section, permit the person, the person's legal guardian, or an	31394
attorney who presents a signed written authorization made by the	31395
person, to inspect all personal information in the system of which	31396
the person is the subject;	31397

(3) Inform the person about the types of uses made of the	31398
personal information, including the identity of any users usually	31399
granted access to the system.	31400

(B) Any person who wishes to exercise a right provided by	31401
this section may be accompanied by another individual of the	31402
person's choice.	31403

(C)(1) A state or local agency, upon request, shall disclose	31404
medical, psychiatric, or psychological information to a person who	31405
is the subject of the information or to the person's legal	31406
guardian, unless a physician, psychiatrist, or psychologist	31407
determines for the agency that the disclosure of the information	31408
is likely to have an adverse effect on the person, in which case	31409
the information shall be released to a physician, psychiatrist, or	31410
psychologist who is designated by the person or by the person's	31411
legal guardian.	31412

(2) Upon the signed written request of either a licensed	31413
attorney at law or a licensed physician designated by the inmate,	31414
together with the signed written request of an inmate of a	31415
correctional institution under the administration of the	31416
department of rehabilitation and correction, the department shall	31417
disclose medical information to the designated attorney or	31418
physician as provided in division (C) of section 5120.21 of the	31419
Revised Code.	31420

(D) If an individual who is authorized to inspect personal	31421
information that is maintained in a personal information system	31422
requests the state or local agency that maintains the system to	31423
provide a copy of any personal information that the individual is	31424
authorized to inspect, the agency shall provide a copy of the	31425
personal information to the individual. Each state and local	31426
agency may establish reasonable fees for the service of copying,	31427
upon request, personal information that is maintained by the	31428
agency.	31429

(E)(1) This section regulates access to personal information	31430
that is maintained in a personal information system by persons who	31431
are the subject of the information, but does not limit the	31432
authority of any person, including a person who is the subject of	31433
personal information maintained in a personal information system,	31434
to inspect or have copied, pursuant to section 149.43 of the	31435
Revised Code, a public record as defined in that section.	31436

(2) This section does not provide a person who is the subject	31437
of personal information maintained in a personal information	31438
system, the person's legal guardian, or an attorney authorized by	31439
the person, with a right to inspect or have copied, or require an	31440
agency that maintains a personal information system to permit the	31441
inspection of or to copy, a confidential law enforcement	31442
investigatory record or trial preparation record, as defined in	31443
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	31444

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

31445

(1) The contents of an adoption file maintained by the	31446
department of health under section 3705.12 of the Revised Code;	31447

(2) Information contained in the putative father registry	31448
established by section 3107.062 of the Revised Code, regardless of	31449
whether the information is held by the department of job and	31450
family services or, pursuant to section 3111.69 of the Revised	31451
Code, the office of child support in the department or a child	31452
support enforcement agency;	31453

(3) Papers, records, and books that pertain to an adoption	31454
and that are subject to inspection in accordance with section	31455
3107.17 of the Revised Code;	31456

(4) Records listed in division (A) of section 3107.42 of the	31457
Revised Code or specified in division (A) of section 3107.52 of	31458
the Revised Code;	31459

(5) Records that identify an individual described in division	31460
(A)(1) of section 3721.031 of the Revised Code, or that would tend	31461
to identify such an individual;	31462

(6) Files and records that have been expunged under division	31463
(D)(1) or (2) of section 3721.23 of the Revised Code;	31464

(7) Records that identify an individual described in division	31465
(A)(1) of section 3721.25 of the Revised Code, or that would tend	31466
to identify such an individual;	31467

(8) Records that identify an individual described in division	31468
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	31469
would tend to identify such an individual;	31470

(9) Test materials, examinations, or evaluation tools used in	31471
an examination for licensure as a nursing home administrator that	31472
the board of ~~examiners~~executives of ~~nursing home administrators~~	31473
long-term services and supports administers under section 4751.04	31474
of the Revised Code or contracts under that section with a private	31475
or government entity to administer;	31476

(10) Information contained in a database established and	31477
maintained pursuant to section 5101.13 of the Revised Code.	31478

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	31479
(C), and (D) of this section, the Ohio facilities construction	31480
commission shall supervise the design and construction of, and	31481
make contracts for the construction, reconstruction, improvement,	31482
enlargement, alteration, repair, or decoration of, any projects or	31483
improvements for the department of natural resources ~~has the~~	31484
~~following powers in addition to its other powers: to prepare, or~~	31485
~~contract to be prepared, surveys, general and detailed plans,~~	31486
~~specifications, bills of materials, and estimates of cost for, to~~	31487
~~enter into contracts for, and to supervise the performance of~~	31488
~~labor, the furnishing of materials, or the construction, repair,~~	31489
~~or maintenance of any projects, improvements, or buildings, on~~	31490
~~lands and waters under the control of the department, as~~that may	31491
be authorized by legislative appropriations or any other funds	31492
available therefor, the estimated cost of which amounts to two	31493
hundred thousand dollars or more or the amount determined pursuant	31494
to section 153.53 of the Revised Code or more.	31495

(B) ~~Except as provided in division (E) of this section, the~~	31496
~~director of natural resources shall publish notice in a newspaper~~	31497
~~of general circulation in the region where the activity for which~~	31498
~~bids are submitted is to occur and in any other newspapers that~~	31499
~~the director determines are appropriate, at least once each week~~	31500
~~for four consecutive weeks, the last publication to be at least~~	31501
~~eight days preceding the day for opening bids, seeking proposals~~	31502
~~on each contract for the performance of labor, the furnishing of~~	31503
~~materials, or the construction, repair, or maintenance of~~	31504
~~projects, improvements, or buildings, as necessary for compliance~~	31505
~~with provisions of the act to make appropriations for capital~~	31506
~~improvements or the act to make general appropriations, and the~~	31507
~~director may also advertise in such trade journals as will afford~~	31508
~~adequate information to the public of the terms of the contract~~	31509
~~and the nature of the work to be performed, together with the time~~	31510
~~of the letting and place and manner of receiving proposals, and~~	31511
~~the places where plans and specifications are on file. A proposal~~	31512
~~is invalid and shall not be considered by the department unless~~	31513
~~the form for proposals specified by the department is used without~~	31514
~~change, alteration, or addition~~The department of natural	31515
resources shall administer the construction of improvements under	31516
an agreement with the supervisors of a soil and water conservation	31517
district pursuant to division (I) of section 1515.08 of the	31518
Revised Code.	31519

(C) ~~Each bidder for a contract for the performance of labor,~~	31520
~~the furnishing of materials, or the maintenance, construction,~~	31521
~~demolition, alteration, repair, or reconstruction of an~~	31522
~~improvement shall meet the requirements of section 153.54 of the~~	31523
~~Revised Code. The director may require each bidder to furnish~~	31524
~~under oath, upon such printed forms as the director may prescribe,~~	31525
~~detailed information with respect to the bidder's financial~~	31526
~~resources, equipment, past performance record, organization~~	31527
~~personnel, and experience, together with such other information as~~	31528
~~the director considers necessary.~~	31529

~~(D) The director shall award the contract to the lowest~~	31530
~~responsive and responsible bidder in accordance with section 9.312~~	31531
~~of the Revised Code. The award shall be made within a reasonable~~	31532
~~time after the date on which the bids were opened, and the~~	31533
~~successful bidder shall enter into a contract within ten days from~~	31534
~~the date the successful bidder is notified that the contract has~~	31535
~~been awarded, or within any longer period that the director~~	31536
~~considers necessary. Nothing in this section shall preclude the~~	31537
~~rejection of any bid the acceptance of which is not in the best~~	31538
~~interests of the state. No contract shall be entered into until~~	31539
~~the bureau of workers' compensation has certified that the~~	31540
~~corporation, partnership, or person awarded the contract has~~	31541
~~complied with Chapter 4123. of the Revised Code and until, if the~~	31542
~~bidder awarded the contract is a foreign corporation, the~~	31543
~~secretary of state has certified that the corporation is~~	31544
~~authorized to do business in this state, and until, if the bidder~~	31545
~~so awarded the contract is a person or partnership nonresident of~~	31546
~~this state, the person or partnership has filed with the secretary~~	31547
~~of state a power of attorney designating the secretary of state as~~	31548
~~its agency for the purpose of accepting service of process.~~	31549

~~(E) With respect to the director's entering into a contract~~	31550
~~for the performance of labor, the furnishing of materials, or the~~	31551
~~construction, repair, or maintenance of any projects,~~	31552
~~improvements, or buildings on lands and waters under the control~~	31553
~~of the department, both of the following apply:~~	31554

~~(1) The director is not required to advertise for and receive~~	31555
~~bids if the total estimated cost of the contract is less than~~	31556
~~twenty-five thousand dollars.~~	31557

~~(2) The director is not required to advertise for bids,~~	31558
~~regardless of the cost of the contract, if the~~(1) The department	31559
of natural resources shall supervise the design and construction	31560
of, and make contracts for the construction, reconstruction,	31561
improvement, enlargement, alteration, repair, or decoration of,	31562
any of the following activities, projects, or improvements:	31563

(a) Dam repairs administered by the division of engineering	31564
under Chapter 1507. of the Revised Code;	31565

(b) Projects or improvements administered by the division of	31566
watercraft and funded through the waterways safety fund	31567
established in section 1547.75 of the Revised Code;	31568

(c) Projects or improvements administered by the division of	31569
wildlife under Chapter 1531. or 1533. of the Revised Code;	31570

(d) Activities conducted by the department pursuant to	31571
section 5511.05 of the Revised Code in order to maintain the	31572
department's roadway inventory.	31573

(2) If a contract to be let under division (C)(1) of this	31574
section involves an exigency that concerns the public health,	31575
safety, or welfare or addresses an emergency situation in which	31576
timeliness is crucial in preventing the cost of the contract from	31577
increasing significantly~~. Regarding such a contract, the director~~	31578
~~may solicit bids by sending a letter to a minimum of three~~	31579
~~contractors in the region where the contract is to be let or by~~	31580
~~any other means that the director considers appropriate.~~	31581

~~(F) The director may insert in any contract awarded under~~	31582
~~this section a clause providing for value engineering change~~	31583
~~proposals, under which a contractor who has been awarded a~~	31584
~~contract may propose a change in the plans and specifications of~~	31585
~~the project that saves the department time or money on the project~~	31586
~~without impairing any of the essential functions and~~	31587
~~characteristics of the project such as service life, reliability,~~	31588
~~economy of operation, ease of maintenance, safety, and necessary~~	31589
~~standardized features. If the director adopts the value~~	31590
~~engineering proposal, the savings from the proposal shall be~~	31591
~~divided between the department and the contractor according to~~	31592
~~guidelines established by the director, provided that the~~	31593
~~contractor shall receive at least fifty per cent of the savings~~	31594
~~from the proposal. The adoption of a value engineering proposal~~	31595
~~does not invalidate the award of the contract or require the~~	31596
~~director to rebid the project.~~	31597

~~(G) When in the opinion of the department the work under any~~	31598
~~contract made under this section or any law of the state is~~	31599
~~neglected by the contractor, the work completed is deficient in~~	31600
~~quality or materials, or the work is not prosecuted with the~~	31601
~~diligence and force specified or intended in the contract, the~~	31602
~~department may require the contractor to provide, at no additional~~	31603
~~expense to the department, any additional labor and materials that~~	31604
~~are necessary to complete the improvements at the level of quality~~	31605
~~and within the time of performance specified in the contract.~~	31606
~~Procedures concerning such a requirement together with its format~~	31607
~~shall be specified in the contract. If the contractor fails to~~	31608
~~comply with the requirement within the period specified in the~~	31609
~~contract, the department may take action to complete the work~~	31610
~~through other means, up to and including termination of the~~	31611
~~contract.~~	31612

~~(H) When an exigency occurs or there is immediate danger of~~	31613
~~an exigency that would materially impair the successful bidding,~~	31614
~~construction, or completion of a project, improvement, or~~	31615
~~building, the director may revise related plans and specifications~~	31616
~~as necessary to address the exigency through the issuance of an~~	31617
~~addendum prior to the opening of bids or, in accordance with~~	31618
~~procedures established in section 153.62 of the Revised Code,~~	31619
~~through the issuance of a change order after the contract has been~~	31620
~~awarded~~, pursuant to the declaration of a public exigency, the	31621
department may award the contract without competitive bidding or	31622
selection as otherwise required by Chapter 153. of the Revised	31623
Code.	31624

(D) The executive director of the Ohio facilities	31625
construction commission may authorize the department of natural	31626
resources to administer any other project or improvement, the	31627
estimated cost of which, including design fees, construction,	31628
equipment, and contingency amounts, is not more than one million	31629
five hundred thousand dollars.	31630

Sec. 1501.45. (A) As used in this section:

31631

(1) "Forfeiture laws" means provisions that are established	31632
in Title XXIX of the Revised Code and that govern the forfeiture	31633
and disposition of certain property that is seized pursuant to a	31634
law enforcement investigation.	31635

(2) "Law enforcement division" means the division of	31636
forestry, the division of natural areas and preserves, the	31637
division of wildlife, the division of parks and recreation, or the	31638
division of watercraft in the department of natural resources.	31639

(3) "Law enforcement fund" means a fund created in this	31640
section.	31641

(B) Except as otherwise provided in this section and	31642
notwithstanding any provision of the Revised Code that is not in	31643
Title XV of the Revised Code to the contrary, the forfeiture laws	31644
apply to a law enforcement division that substantially conducts an	31645
investigation that results in the ordered forfeiture of property	31646
and also apply to the involved forfeiture of property, and the law	31647
enforcement division shall comply with those forfeiture laws.	31648
Accordingly, the portion of the forfeiture laws that authorizes	31649
certain proceeds from forfeited property to be distributed to the	31650
law enforcement agency that substantially conducted the	31651
investigation that resulted in the seizure of the subsequently	31652
forfeited property apply to the law enforcement divisions except	31653
as provided in division (C)(2)(a) of this section. If a law	31654
enforcement division is eligible to receive such proceeds, the	31655
proceeds shall be deposited into the state treasury to the credit	31656
of the applicable law enforcement fund.	31657

(C)(1) There are hereby created in the state treasury ~~the~~	31658
~~division of forestry law enforcement fund, the division of natural~~	31659
~~areas and preserves law enforcement fund,~~ the division of wildlife	31660
law enforcement fund, the division of parks and recreation law	31661
enforcement fund, and the division of watercraft law enforcement	31662
fund. ~~The~~	31663

(2) The funds shall consist of proceeds from forfeited	31664
property that are deposited ~~in accordance with this section. The~~	31665
as follows:	31666

(a) Proceeds from forfeited property resulting from an	31667
investigation conducted by the division of forestry, the division	31668
of natural areas and preserves, or the division of parks and	31669
recreation shall be deposited in the division of parks and	31670
recreation law enforcement fund.	31671

(b) Proceeds from forfeited property resulting from an	31672
investigation conducted by the division of wildlife shall be	31673
deposited in the division of wildlife law enforcement fund.	31674

(c) Proceeds from forfeited property resulting from an	31675
investigation conducted by the division of watercraft shall be	31676
deposited in the division of watercraft law enforcement fund.	31677

(3) The funds shall be used ~~by the applicable law enforcement~~	31678
~~division~~ for law enforcement purposes specified in the forfeiture	31679
laws~~; however, a~~as follows:	31680

(a) Money in the division of parks and recreation law	31681
enforcement fund shall be used by the division of parks and	31682
recreation.	31683

(b) Money in the division of wildlife law enforcement fund	31684
shall be used by the division of wildlife.	31685

(c) Money in the division of watercraft law enforcement fund	31686
shall be used by the division of watercraft.	31687

(4) A law enforcement division shall not use ~~such funds~~its	31688
fund to pay the salaries of its employees or to provide for any	31689
other remuneration of personnel.	31690

(D) If the forfeiture laws conflict with any provisions that	31691
govern forfeitures and that are established in another section of	31692
Title XV of the Revised Code, the provisions established in the	31693
other section of Title XV apply.	31694

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	31695
commission, consisting of the directors of environmental	31696
protection, natural resources, health, agriculture, ~~and~~	31697
transportation, and development services, or their designees, and	31698
five additional members appointed by the governor who shall serve	31699
at the pleasure of the governor. The members of the commission	31700
annually shall designate a chairperson, who shall preside at the	31701
meetings of the commission, and a secretary.	31702

The commission shall hold at least one meeting every three	31703
months. The secretary of the commission shall keep a record of its	31704
proceedings. Special meetings shall be held at the call of the	31705
chairperson or upon the request of four members of the commission.	31706
All meetings and records of the commission shall be open to the	31707
public. Six members of the commission constitute a quorum. The	31708
agencies represented on the commission shall furnish clerical,	31709
technical, and other services required by the commission in the	31710
performance of its duties.	31711

(B) The commission shall do all of the following:

31712

(1) Ensure the coordination of state and local policies and	31713
programs pertaining to Lake Erie water quality, toxic pollution	31714
control, and resource protection;	31715

(2) Review, and make recommendations concerning, the	31716
development and implementation of policies, programs, and issues	31717
for long-term, comprehensive protection of Lake Erie water	31718
resources and water quality that are consistent with the great	31719
lakes water quality agreement and the great lakes toxic substances	31720
control agreement;	31721

(3) Recommend policies and programs to modify the coastal	31722
management program of this state;	31723

(4) At each regular meeting, consider matters relating to the	31724
implementation of sections 1506.22 and 1506.23 of the Revised	31725
Code;	31726

(5) Publish and submit the Lake Erie protection agenda in	31727
accordance with division (C) of section 1506.23 of the Revised	31728
Code;	31729

(6) Ensure the implementation of a basinwide approach to Lake	31730
Erie issues;	31731

(7) Increase representation of the interests of this state in	31732
state, regional, national, and international forums pertaining to	31733
the resources and water quality of Lake Erie and the Lake Erie	31734
basin;	31735

(8) Promote education concerning the wise management of the	31736
resources of Lake Erie;	31737

(9) Establish public advisory councils as considered	31738
necessary to assist in programs established under this section and	31739
sections 1506.22 and 1506.23 of the Revised Code. Members of the	31740
public advisory councils shall represent a broad cross section of	31741
interests, shall have experience or expertise in the subject for	31742
which the advisory council was established, and shall serve	31743
without compensation.	31744

(10) Prepare and submit the report required under division	31745
(D) of section 1506.23 of the Revised Code.	31746

(C) Each state agency, upon the request of the commission,	31747
shall cooperate in the implementation of this section and sections	31748
1506.22 and 1506.23 of the Revised Code.	31749

Sec. 1506.30. As used in sections 1506.30 to 1506.36 of the	31750
Revised Code:	31751

(A) "Abandoned property" means a submerged aircraft; a	31752
submerged watercraft, including a ship, boat, canoe, skiff, raft,	31753
or barge; the rigging, gear, fittings, trappings, and equipment of	31754
a submerged aircraft or watercraft; the personal property of the	31755
officers, crew, and passengers of a submerged aircraft or	31756
watercraft; the cargo of a submerged aircraft or watercraft that	31757
has been deserted, relinquished, cast away, or left behind and for	31758
which attempts at reclamation have been abandoned by the owners	31759
and insurers; and submerged materials resulting from activities of	31760
prehistoric and historic native Americans.	31761

(B) "Lake Erie" means that portion of the waters and lands of	31762
Lake Erie belonging to the state as provided in section 1506.10 of	31763
the Revised Code.	31764

(C) "Historical value" means the quality of significance	31765
exemplified by an object, structure, site, or district that is	31766
included in or eligible for inclusion in ~~the state registry of~~	31767
~~archaeological landmarks authorized under section 149.51 of the~~	31768
~~Revised Code, the state registry of historic landmarks authorized~~	31769
~~under section 149.55 of the Revised Code, or~~ the national register	31770
of historic places.	31771

(D) "Marine surveyor" means a person engaged in the business	31772
of mapping or surveying submerged lands and abandoned property.	31773

(E) "Mechanical or other assistance" means all artificial	31774
devices used to raise or remove artifacts from abandoned property,	31775
including pry bars, wrenches and other hand or power tools,	31776
cutting torches, explosives, winches, flotation bags, lines to	31777
surface, extra divers buoyancy devices, and other buoyancy	31778
devices.	31779

(F) "Recreational value" means value relating to an activity	31780
in which the public engages or may engage for recreation or sport,	31781
including scuba diving and fishing, as determined by the director	31782
of natural resources.	31783

Sec. 1509.01. As used in this chapter:

31784

(A) "Well" means any borehole, whether drilled or bored,	31785
within the state for production, extraction, or injection of any	31786
gas or liquid mineral, excluding potable water to be used as such,	31787
but including natural or artificial brines and oil field waters.	31788

(B) "Oil" means crude petroleum oil and all other	31789
hydrocarbons, regardless of gravity, that are produced in liquid	31790
form by ordinary production methods, but does not include	31791
hydrocarbons that were originally in a gaseous phase in the	31792
reservoir.	31793

(C) "Gas" means all natural gas and all other fluid	31794
hydrocarbons that are not oil, including condensate.	31795

(D) "Condensate" means liquid hydrocarbons separated at or	31796
near the well pad or along the gas production or gathering system	31797
prior to gas processing.	31798

(E) "Pool" means an underground reservoir containing a common	31799
accumulation of oil or gas, or both, but does not include a gas	31800
storage reservoir. Each zone of a geological structure that is	31801
completely separated from any other zone in the same structure may	31802
contain a separate pool.	31803

(F) "Field" means the general area underlaid by one or more	31804
pools.	31805

(G) "Drilling unit" means the minimum acreage on which one	31806
well may be drilled, but does not apply to a well for injecting	31807
gas into or removing gas from a gas storage reservoir.	31808

(H) "Waste" includes all of the following:

31809

(1) Physical waste, as that term generally is understood in	31810
the oil and gas industry;	31811

(2) Inefficient, excessive, or improper use, or the	31812
unnecessary dissipation, of reservoir energy;	31813

(3) Inefficient storing of oil or gas;

31814

(4) Locating, drilling, equipping, operating, or producing an	31815
oil or gas well in a manner that reduces or tends to reduce the	31816
quantity of oil or gas ultimately recoverable under prudent and	31817
proper operations from the pool into which it is drilled or that	31818
causes or tends to cause unnecessary or excessive surface loss or	31819
destruction of oil or gas;	31820

(5) Other underground or surface waste in the production or	31821
storage of oil, gas, or condensate, however caused.	31822

(I) "Correlative rights" means the reasonable opportunity to	31823
every person entitled thereto to recover and receive the oil and	31824
gas in and under the person's tract or tracts, or the equivalent	31825
thereof, without having to drill unnecessary wells or incur other	31826
unnecessary expense.	31827

(J) "Tract" means a single, individually taxed parcel of land	31828
appearing on the tax list.	31829

(K) "Owner," unless referring to a mine, means the person who	31830
has the right to drill on a tract or drilling unit, to drill into	31831
and produce from a pool, and to appropriate the oil or gas	31832
produced therefrom either for the person or for others, except	31833
that a person ceases to be an owner with respect to a well when	31834
the well has been plugged in accordance with applicable rules	31835
adopted and orders issued under this chapter. "Owner" does not	31836
include a person who obtains a lease of the mineral rights for oil	31837
and gas on a parcel of land if the person does not attempt to	31838
produce or produce oil or gas from a well or obtain a permit under	31839
this chapter for a well or if the entire interest of a well is	31840
transferred to the person in accordance with division (B) of	31841
section 1509.31 of the Revised Code.	31842

(L) "Royalty interest" means the fee holder's share in the	31843
production from a well.	31844

(M) "Discovery well" means the first well capable of	31845
producing oil or gas in commercial quantities from a pool.	31846

(N) "Prepared clay" means a clay that is plastic and is	31847
thoroughly saturated with fresh water to a weight and consistency	31848
great enough to settle through saltwater in the well in which it	31849
is to be used, except as otherwise approved by the chief of the	31850
division of oil and gas resources management.	31851

(O) "Rock sediment" means the combined cutting and residue	31852
from drilling sedimentary rocks and formation.	31853

(P) "Excavations and workings," "mine," and "pillar" have the	31854
same meanings as in section 1561.01 of the Revised Code.	31855

(Q) "Coal bearing township" means a township designated as	31856
such by the chief of the division of mineral resources management	31857
under section 1561.06 of the Revised Code.	31858

(R) "Gas storage reservoir" means a continuous area of a	31859
subterranean porous sand or rock stratum or strata into which gas	31860
is or may be injected for the purpose of storing it therein and	31861
removing it therefrom and includes a gas storage reservoir as	31862
defined in section 1571.01 of the Revised Code.	31863

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	31864
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	31865
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	31866
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	31867
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	31868
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	31869
regulations adopted under those acts.	31870

(T) "Person" includes any political subdivision, department,	31871
agency, or instrumentality of this state; the United States and	31872
any department, agency, or instrumentality thereof; and any legal	31873
entity defined as a person under section 1.59 of the Revised Code.	31874

(U) "Brine" means all saline geological formation water	31875
resulting from, obtained from, or produced in connection with	31876
exploration, drilling, well stimulation, production of oil or gas,	31877
or plugging of a well.	31878

(V) "Waters of the state" means all streams, lakes, ponds,	31879
marshes, watercourses, waterways, springs, irrigation systems,	31880
drainage systems, and other bodies of water, surface or	31881
underground, natural or artificial, that are situated wholly or	31882
partially within this state or within its jurisdiction, except	31883
those private waters that do not combine or effect a junction with	31884
natural surface or underground waters.	31885

(W) "Exempt Mississippian well" means a well that meets all	31886
of the following criteria:	31887

(1) Was drilled and completed before January 1, 1980;

31888

(2) Is located in an unglaciated part of the state;

31889

(3) Was completed in a reservoir no deeper than the	31890
Mississippian Big Injun sandstone in areas underlain by	31891
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	31892
sandstone in areas directly underlain by Permian stratigraphy;	31893

(4) Is used primarily to provide oil or gas for domestic use.

31894

(X) "Exempt domestic well" means a well that meets all of the	31895
following criteria:	31896

(1) Is owned by the owner of the surface estate of the tract	31897
on which the well is located;	31898

(2) Is used primarily to provide gas for the owner's domestic	31899
use;	31900

(3) Is located more than two hundred feet horizontal distance	31901
from any inhabited private dwelling house other than an inhabited	31902
private dwelling house located on the tract on which the well is	31903
located;	31904

(4) Is located more than two hundred feet horizontal distance	31905
from any public building that may be used as a place of resort,	31906
assembly, education, entertainment, lodging, trade, manufacture,	31907
repair, storage, traffic, or occupancy by the public.	31908

(Y) "Urbanized area" means an area where a well or production	31909
facilities of a well are located within a municipal corporation or	31910
within a township that has an unincorporated population of more	31911
than five thousand in the most recent federal decennial census	31912
prior to the issuance of the permit for the well or production	31913
facilities.	31914

(Z) "Well stimulation" or "stimulation of a well" means the	31915
process of enhancing well productivity, including hydraulic	31916
fracturing operations.	31917

(AA) "Production operation" means all operations and	31918
activities and all related equipment, facilities, and other	31919
structures that may be used in or associated with the exploration	31920
and production of oil, gas, or other mineral resources that are	31921
regulated under this chapter, including operations and activities	31922
associated with site preparation, site construction, access road	31923
construction, well drilling, well completion, well stimulation,	31924
well site activities, reclamation, and plugging. "Production	31925
operation" also includes all of the following:	31926

(1) The piping, equipment, and facilities used for the	31927
production and preparation of hydrocarbon gas or liquids for	31928
transportation or delivery;	31929

(2) The processes of extraction and recovery, lifting,	31930
stabilization, treatment, separation, production processing,	31931
storage, waste disposal, and measurement of hydrocarbon gas and	31932
liquids, including related equipment and facilities;	31933

(3) The processes and related equipment and facilities	31934
associated with production compression, gas lift, gas injection,	31935
fuel gas supply, well drilling, well stimulation, and well	31936
completion activities, including dikes, pits, and earthen and	31937
other impoundments used for the temporary storage of fluids and	31938
waste substances associated with well drilling, well stimulation,	31939
and well completion activities;	31940

(4) Equipment and facilities at a wellpad or other location	31941
that are used for the transportation, handling, recycling,	31942
temporary storage, management, processing, or treatment of any	31943
equipment, material, and by-products or other substances from an	31944
operation at a wellpad that may be used or reused at the same or	31945
another operation at a wellpad or that will be disposed of in	31946
accordance with applicable laws and rules adopted under them.	31947

(BB) "Annular overpressurization" means the accumulation of	31948
fluids within an annulus with sufficient pressure to allow	31949
migration of annular fluids into underground sources of drinking	31950
water.	31951

(CC) "Idle and orphaned well" means a well for which a bond	31952
has been forfeited or an abandoned well for which no money is	31953
available to plug the well in accordance with this chapter and	31954
rules adopted under it.	31955

(DD) "Temporarily inactive well" means a well that has been	31956
granted temporary inactive status under section 1509.062 of the	31957
Revised Code.	31958

(EE) "Material and substantial violation" means any of the	31959
following:	31960

(1) Failure to obtain a permit to drill, reopen, convert,	31961
plugback, or plug a well under this chapter;	31962

(2) Failure to obtain, maintain, update, or submit proof of	31963
insurance coverage that is required under this chapter;	31964

(3) Failure to obtain, maintain, update, or submit proof of a	31965
surety bond that is required under this chapter;	31966

(4) Failure to plug an abandoned well or idle and orphaned	31967
well unless the well has been granted temporary inactive status	31968
under section 1509.062 of the Revised Code or the chief of the	31969
division of oil and gas resources management has approved another	31970
option concerning the abandoned well or idle and orphaned well;	31971

(5) Failure to restore a disturbed land surface as required	31972
by section 1509.072 of the Revised Code;	31973

(6) Failure to reimburse the oil and gas well fund pursuant	31974
to a final order issued under section 1509.071 of the Revised	31975
Code;	31976

(7) Failure to comply with a final nonappealable order of the	31977
chief issued under section 1509.04 of the Revised Code;	31978

(8) Failure to submit a report, test result, fee, or document	31979
that is required in this chapter or rules adopted under it.	31980

(FF) "Severer" has the same meaning as in section 5749.01 of	31981
the Revised Code.	31982

(GG) "Horizontal well" means a well that is drilled for the	31983
production of oil or gas in which the wellbore reaches a	31984
horizontal or near horizontal position in the Point Pleasant,	31985
Utica, or Marcellus formation and the well is stimulated.	31986

(HH) "Well pad" means the area that is cleared or prepared	31987
for the drilling of one or more horizontal wells.	31988

Sec. 1509.02. There is hereby created in the department of	31989
natural resources the division of oil and gas resources	31990
management, which shall be administered by the chief of the	31991
division of oil and gas resources management. The division has	31992
sole and exclusive authority to regulate the permitting, location,	31993
and spacing of oil and gas wells and production operations within	31994
the state, excepting only those activities regulated under federal	31995
laws for which oversight has been delegated to the environmental	31996
protection agency and activities regulated under sections 6111.02	31997
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	31998
and gas activities is a matter of general statewide interest that	31999
requires uniform statewide regulation, and this chapter and rules	32000
adopted under it constitute a comprehensive plan with respect to	32001
all aspects of the locating, drilling, well stimulation,	32002
completing, and operating of oil and gas wells within this state,	32003
including site construction and restoration, permitting related to	32004
those activities, and the disposal of wastes from those wells. In	32005
order to assist the division in the furtherance of its sole and	32006
exclusive authority as established in this section, the chief may	32007
enter into cooperative agreements with other state agencies for	32008
advice and consultation, including visitations at the surface	32009
location of a well on behalf of the division. Such cooperative	32010
agreements do not confer on other state agencies any authority to	32011
administer or enforce this chapter and rules adopted under it. In	32012
addition, such cooperative agreements shall not be construed to	32013
dilute or diminish the division's sole and exclusive authority as	32014
established in this section. Nothing in this section affects the	32015
authority granted to the director of transportation and local	32016
authorities in section 723.01 or 4513.34 of the Revised Code,	32017
provided that the authority granted under those sections shall not	32018
be exercised in a manner that discriminates against, unfairly	32019
impedes, or obstructs oil and gas activities and operations	32020
regulated under this chapter.	32021

The chief shall not hold any other public office, nor shall	32022
the chief be engaged in any occupation or business that might	32023
interfere with or be inconsistent with the duties as chief.	32024

All moneys collected by the chief pursuant to sections	32025
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	32026
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	32027
of moneys received by the treasurer of state from the tax levied	32028
in divisions (A)(5) and (6) of section 5749.02 of the Revised	32029
Code, all civil penalties paid under section 1509.33 of the	32030
Revised Code, and, notwithstanding any section of the Revised Code	32031
relating to the distribution or crediting of fines for violations	32032
of the Revised Code, all fines imposed under divisions (A) and (B)	32033
of section 1509.99 of the Revised Code and fines imposed under	32034
divisions (C) and (D) of section 1509.99 of the Revised Code for	32035
all violations prosecuted by the attorney general and for	32036
violations prosecuted by prosecuting attorneys that do not involve	32037
the transportation of brine by vehicle shall be deposited into the	32038
state treasury to the credit of the oil and gas well fund, which	32039
is hereby created. Fines imposed under divisions (C) and (D) of	32040
section 1509.99 of the Revised Code for violations prosecuted by	32041
prosecuting attorneys that involve the transportation of brine by	32042
vehicle and penalties associated with a compliance agreement	32043
entered into pursuant to this chapter shall be paid to the county	32044
treasury of the county where the violation occurred.	32045

The fund shall be used solely and exclusively for the	32046
purposes enumerated in division (B) of section 1509.071 of the	32047
Revised Code, for the expenses of the division associated with the	32048
administration of this chapter and Chapter 1571. of the Revised	32049
Code and rules adopted under them, and for expenses that are	32050
critical and necessary for the protection of human health and	32051
safety and the environment related to oil and gas production in	32052
this state. The expenses of the division in excess of the moneys	32053
available in the fund shall be paid from general revenue fund	32054
appropriations to the department.	32055

Sec. 1509.062. (A)(1) The owner of a well that has not been	32056
completed, a well that has not produced within one year after	32057
completion, or an existing well that is not a horizontal well and	32058
that has no reported production for two consecutive reporting	32059
periods as reported in accordance with section 1509.11 of the	32060
Revised Code, or an existing horizontal well that has no reported	32061
production for eight consecutive reporting periods as reported in	32062
accordance with section 1509.11 of the Revised Code shall plug the	32063
well in accordance with section 1509.12 of the Revised Code,	32064
obtain temporary inactive well status for the well in accordance	32065
with this section, or perform another activity regarding the well	32066
that is approved by the chief of the division of oil and gas	32067
resources management.	32068

(2) If a well has a reported annual production that is less	32069
than one hundred thousand cubic feet of natural gas or fifteen	32070
barrels of crude oil, or a combination thereof, the chief may	32071
require the owner of the well to submit an application for	32072
temporary inactive well status under this section for the well.	32073

(B) In order for the owner of a well to submit an application	32074
for temporary inactive well status for the well under this	32075
division, the owner and the well shall be in compliance with this	32076
chapter and rules adopted under it, any terms and conditions of	32077
the permit for the well, and applicable orders issued by the	32078
chief. An application for temporary inactive status for a well	32079
shall be submitted to the chief on a form prescribed and provided	32080
by the chief and shall contain all of the following:	32081

(1) The owner's name and address and, if the owner is a	32082
corporation, the name and address of the corporation's statutory	32083
agent;	32084

(2) The signature of the owner or of the owner's authorized	32085
agent. When an authorized agent signs an application, the	32086
application shall be accompanied by a certified copy of the	32087
appointment as such agent.	32088

(3) The permit number assigned to the well. If the well has	32089
not been assigned a permit number, the chief shall assign a permit	32090
number to the well.	32091

(4) A map, on a scale not smaller than four hundred feet to	32092
the inch, that shows the location of the well and the tank	32093
battery, that includes the latitude and longitude of the well, and	32094
that contains all other data that are required by the chief;	32095

(5) A demonstration that the well is of future utility and	32096
that the applicant has a viable plan to utilize the well within a	32097
reasonable period of time;	32098

(6) A demonstration that the well poses no threat to the	32099
health or safety of persons, property, or the environment;	32100

(7) Any other relevant information that the chief prescribes	32101
by rule.	32102

The chief may waive any of the requirements established in	32103
divisions (B)(1) to (6) of this section if the division of oil and	32104
gas resources management possesses a current copy of the	32105
information or document that is required in the applicable	32106
division.	32107

(C) Upon receipt of an application for temporary inactive	32108
well status, the chief shall review the application and shall	32109
either deny the application by issuing an order or approve the	32110
application. The chief shall approve the application only if the	32111
chief determines that the well that is the subject of the	32112
application poses no threat to the health or safety of persons,	32113
property, or the environment. If the chief approves the	32114
application, the chief shall notify the applicant of the chief's	32115
approval. Upon receipt of the chief's approval, the owner shall	32116
shut in the well and empty all liquids and gases from all storage	32117
tanks, pipelines, and other equipment associated with the well. In	32118
addition, the owner shall maintain the well, other equipment	32119
associated with the well, and the surface location of the well in	32120
a manner that prevents hazards to the health and safety of people	32121
and the environment. The owner shall inspect the well at least	32122
every six months and submit to the chief within fourteen days	32123
after the inspection a record of inspection on a form prescribed	32124
and provided by the chief.	32125

(D) Not later than thirty days prior to the expiration of	32126
temporary inactive well status or a renewal of temporary inactive	32127
well status approved by the chief for a well, the owner of the	32128
well may submit to the chief an application for renewal of the	32129
temporary inactive well status on a form prescribed and provided	32130
by the chief. The application shall include a detailed plan that	32131
describes the ultimate disposition of the well, the time frames	32132
for that disposition, and any other information that the chief	32133
determines is necessary. The chief shall either deny an	32134
application by order or approve the application. If the chief	32135
approves the application, the chief shall notify the owner of the	32136
well of the chief's approval.	32137

(E) An application for temporary inactive well status shall	32138
be accompanied by a nonrefundable fee of one hundred dollars. An	32139
application for a renewal of temporary inactive well status shall	32140
be accompanied by a nonrefundable fee of two hundred fifty dollars	32141
for the first renewal and five hundred dollars for each subsequent	32142
renewal.	32143

(F) After a third renewal, the chief may require an owner to	32144
provide a surety bond in an amount not to exceed ten thousand	32145
dollars for each of the owner's wells that has been approved by	32146
the chief for temporary inactive well status.	32147

(G) Temporary inactive well status approved by the chief	32148
expires one year after the date of approval of the application for	32149
temporary inactive well status or production from the well	32150
commences, whichever occurs sooner. In addition, a renewal of a	32151
temporary inactive well status expires one year after the	32152
expiration date of the initial temporary inactive well status or	32153
one year after the expiration date of the previous renewal of the	32154
temporary inactive well status, as applicable, or production from	32155
the well commences, whichever occurs sooner.	32156

(H) The owner of a well that has been approved by the chief	32157
for temporary inactive well status may commence production from	32158
the well at any time. Not later than sixty days after the	32159
commencement of production from such a well, the owner shall	32160
notify the chief of the commencement of production.	32161

(I) This chapter and rules adopted under it, any terms and	32162
conditions of the permit for a well, and applicable orders issued	32163
by the chief apply to a well that has been approved by the chief	32164
for temporary inactive well status or renewal of that status.	32165

Sec. 1509.074. (A) With regard to material that results from	32166
the construction, operation, or plugging of a horizontal well, all	32167
of the following apply:	32168

(1) Except as provided in division (A)(2) of this section,	32169
the owner shall determine the concentration of radium-226 and of	32170
radium-228 in representative samples of the material if the	32171
material is technologically enhanced naturally occurring	32172
radioactive material. The owner shall provide for the collection	32173
and analysis of the representative samples of the material. The	32174
collection and analysis of the representative samples shall be	32175
performed in accordance with requirements approved by the chief of	32176
the division of oil and gas resources management. The owner shall	32177
not remove the material from the location associated with the	32178
production operation of the horizontal well until the analysis is	32179
complete and the results are available. However, the owner may do	32180
one of the following:	32181

(a) Temporarily store the material in an area adjacent to the	32182
location associated with the production operation of the well	32183
while the results from the analysis of the representative samples	32184
are pending if the material is located in an area that is	32185
designated by the division of oil and gas resources management and	32186
the owner complies with all conditions imposed by the chief;	32187

(b) Prior to the collection of representative samples under	32188
division (A)(1) of this section, transport the material to a	32189
location for which a permit or order has been issued under	32190
division (C) of section 1509.22 of the Revised Code. The owner	32191
shall provide for the collection of representative samples of the	32192
material at that location in accordance with that division and	32193
shall temporarily store the material at that location while the	32194
results from the analysis are pending.	32195

(2) The owner is not required to determine the concentration	32196
of radium-226 and of radium-228 of the material that is	32197
technologically enhanced naturally occurring radioactive material	32198
if any of the following applies:	32199

(a) The material is reused in the horizontal well from where	32200
it originated or is transferred to another site for reuse in a	32201
horizontal well. For purposes of division (A)(2)(a) of this	32202
section, a material is reused if the material is used in a	32203
substantially similar manner as it was originally used.	32204

(b) The owner disposes of the material at an injection well	32205
for which a permit has been issued under section 1509.22 of the	32206
Revised Code.	32207

(c) The owner uses the material in association with a method	32208
of enhanced recovery for which a permit has been issued under	32209
section 1509.21 of the Revised Code.	32210

(d) The material is transported out of the state for lawful	32211
disposal. The owner shall retain records that substantiate the	32212
lawful disposal and provide them to the chief upon request.	32213

(3) Except as provided in division (A)(2) of this section,	32214
the owner shall transport and dispose of material that is	32215
technologically enhanced naturally occurring radioactive material	32216
in accordance with all applicable laws.	32217

(4) If the material is not technologically enhanced naturally	32218
occurring radioactive material and the material has come in	32219
contact with a refined oil-based substance, the owner shall do one	32220
of the following:	32221

(a) If the material is removed from the location associated	32222
with the production operation of the well or from a location	32223
specified in a permit or order issued under division (C) of	32224
section 1509.22 of the Revised Code, dispose of the material at a	32225
solid waste facility that is authorized to accept the material in	32226
accordance with Chapter 3734. of the Revised Code and rules	32227
adopted under it;	32228

(b) If the material is removed from the location associated	32229
with the production operation of the well or from a location	32230
specified in a permit or order issued under division (C) of	32231
section 1509.22 of the Revised Code, beneficially use the material	32232
in accordance with rules adopted by the director of environmental	32233
protection under section 3734.125 of the Revised Code;	32234

(c) If the material is not removed from the location	32235
associated with the production operation of the well, recycle or	32236
reuse the material with the approval of the chief.	32237

(5) If the material is not technologically enhanced naturally	32238
occurring radioactive material and the material has not come in	32239
contact with a refined oil-based substance, the material may be	32240
used at the location associated with the production operation of	32241
the horizontal well or at another location associated with a	32242
production operation.	32243

(B) An owner who has obtained results under division (A)(1)	32244
of this section shall keep and maintain the results for a period	32245
of three years. In addition, the owner shall provide a copy of the	32246
results to the chief upon request.	32247

32248

(1) "Technologically enhanced naturally occurring radioactive	32249
material" has the same meaning as in section 3748.01 of the	32250
Revised Code.	32251

(2) "Owner" includes a person that is an authorized agent of	32252
an owner.	32253

Sec. 1509.10. (A) Any person drilling within the state	32254
shall, within sixty days after the completion of drilling	32255
operations to the proposed total depth or after a determination	32256
that a well is a dry or lost hole, file with the division of oil	32257
and gas resources management all wireline electric logs and an	32258
accurate well completion record on a form that is prescribed by	32259
the chief of the division of oil and gas resources management that	32260
designates:	32261

(1) The purpose for which the well was drilled;

32262

(2) The character, depth, and thickness of geological units	32263
encountered, including coal seams, mineral beds, associated fluids	32264
such as fresh water, brine, and crude oil, natural gas, and sour	32265
gas, if such seams, beds, fluids, or gases are known;	32266

(3) The dates on which drilling operations were commenced and	32267
completed;	32268

(4) The types of drilling tools used and the name of the	32269
person that drilled the well;	32270

(5) The length in feet of the various sizes of casing and	32271
tubing used in drilling the well, the amount removed after	32272
completion, the type and setting depth of each packer, all other	32273
data relating to cementing in the annular space behind such casing	32274
or tubing, and data indicating completion as a dry, gas, oil,	32275
combination oil and gas, brine injection, or artificial brine well	32276
or a stratigraphic test;	32277

(6) The number of perforations in the casing and the	32278
intervals of the perforations;	32279

(7) The elevation above mean sea level of the point from	32280
which the depth measurements were made, stating also the height of	32281
the point above ground level at the well, the total depth of the	32282
well, and the deepest geological unit that was penetrated in the	32283
drilling of the well;	32284

(8) If applicable, the type, volume, and concentration of	32285
acid, and the date on which acid was used in acidizing the well;	32286

(9)(a) If applicable, the trade name and the total amount of	32287
all products, fluids, and substances, and the supplier of each	32288
product, fluid, or substance, not including cement and its	32289
constituents and lost circulation materials, intentionally added	32290
to facilitate the drilling of any portion of the well until the	32291
surface casing is set and properly sealed. The owner shall	32292
identify each additive used and provide a brief description of the	32293
purpose for which the additive is used. In addition, the owner	32294
shall include a list of all chemicals, not including any	32295
information that is designated as a trade secret pursuant to	32296
division (I)(1) of this section, intentionally added to all	32297
products, fluids, or substances and include each chemical's	32298
corresponding chemical abstracts service number and the maximum	32299
concentration of each chemical. The owner shall obtain the	32300
chemical information, not including any information that is	32301
designated as a trade secret pursuant to division (I)(1) of this	32302
section, from the company that drilled the well, provided service	32303
at the well, or supplied the chemicals. If the company that	32304
drilled the well, provided service at the well, or supplied the	32305
chemicals provides incomplete or inaccurate chemical information,	32306
the owner shall make reasonable efforts to obtain the required	32307
information from the company or supplier.	32308

(b) For purposes of division (A)(9)(a) of this section, if	32309
recycled fluid was used, the total volume of recycled fluid and	32310
the well that is the source of the recycled fluid or the	32311
centralized facility that is the source of the recycled fluid.	32312

(10)(a) If applicable, the type and volume of fluid, not	32313
including cement and its constituents or information that is	32314
designated as a trade secret pursuant to division (I)(1) of this	32315
section, used to stimulate the reservoir of the well, the	32316
reservoir breakdown pressure, the method used for the containment	32317
of fluids recovered from the fracturing of the well, the methods	32318
used for the containment of fluids when pulled from the wellbore	32319
from swabbing the well, the average pumping rate of the well, and	32320
the name of the person that performed the well stimulation. In	32321
addition, the owner shall include a copy of the log from the	32322
stimulation of the well, a copy of the invoice for each of the	32323
procedures and methods described in division (A)(10) of this	32324
section that were used on a well, and a copy of the pumping	32325
pressure and rate graphs. However, the owner may redact from the	32326
copy of each invoice that is required to be included under	32327
division (A)(10) of this section the costs of and charges for the	32328
procedures and methods described in division (A)(10) of this	32329
section that were used on a well.	32330

(b) If applicable, the trade name and the total volume of all	32331
products, fluids, and substances, and the supplier of each	32332
product, fluid, or substance used to stimulate the well. The owner	32333
shall identify each additive used, provide a brief description of	32334
the purpose for which the additive is used, and include the	32335
maximum concentration of the additive used. In addition, the owner	32336
shall include a list of all chemicals, not including any	32337
information that is designated as a trade secret pursuant to	32338
division (I)(1) of this section, intentionally added to all	32339
products, fluids, or substances and include each chemical's	32340
corresponding chemical abstracts service number and the maximum	32341
concentration of each chemical. The owner shall obtain the	32342
chemical information, not including any information that is	32343
designated as a trade secret pursuant to division (I)(1) of this	32344
section, from the company that stimulated the well or supplied the	32345
chemicals. If the company that stimulated the well or supplied the	32346
chemicals provides incomplete or inaccurate chemical information,	32347
the owner shall make reasonable efforts to obtain the required	32348
information from the company or supplier.	32349

(c) For purposes of division (A)(10)(b) of this section, if	32350
recycled fluid was used, the total volume of recycled fluid and	32351
the well that is the source of the recycled fluid or the	32352
centralized facility that is the source of the recycled fluid.	32353

(11) The name of the company that performed the logging of	32354
the well and the types of wireline electric logs performed on the	32355
well.	32356

The well completion record shall be submitted in duplicate.	32357
The first copy shall be retained as a permanent record in the	32358
files of the division, and the second copy shall be transmitted by	32359
the chief to the division of geological survey.	32360

(B)(1) Not later than sixty days after the completion of the	32361
drilling operations to the proposed total depth, the owner shall	32362
file all wireline electric logs with the division of oil and gas	32363
resources management and the chief shall transmit such logs	32364
electronically, if available, to the division of geological	32365
survey. Such logs may be retained by the owner for a period of not	32366
more than six months, or such additional time as may be granted by	32367
the chief in writing, after the completion of the well	32368
substantially to the depth shown in the application required by	32369
section 1509.06 of the Revised Code.	32370

(2) If a well is not completed within sixty days after the	32371
completion of drilling operations, the owner shall file with the	32372
division of oil and gas resources management a supplemental well	32373
completion record that includes all of the information required	32374
under this section within sixty days after the completion of the	32375
well.	32376

(3) After a well is initially completed and stimulated and	32377
until the well is plugged, the owner shall report, on a form	32378
prescribed by the chief, all materials placed into the formation	32379
to refracture, restimulate, or newly complete the well. The owner	32380
shall submit the information within sixty days after completing	32381
the refracturing, restimulation, or new completion. In addition,	32382
the owner shall report the information required in divisions	32383
(A)(10)(a) to (c) of this section, as applicable, in a manner	32384
consistent with the requirements established in this section.	32385

(C) Upon request in writing by the chief of the division of	32386
geological survey prior to the beginning of drilling of the well,	32387
the person drilling the well shall make available a complete set	32388
of cuttings accurately identified as to depth.	32389

(D) The form of the well completion record required by this	32390
section shall be one that has been prescribed by the chief of the	32391
division of oil and gas resources management and the chief of the	32392
division of geological survey. The filing of a log as required by	32393
this section fulfills the requirement of filing a log with the	32394
chief of the division of geological survey in section 1505.04 of	32395
the Revised Code.	32396

(E) If a material listed or designated under division (A)(9)	32397
or (10) or (B)(3) of this section is a material for which the	32398
division of oil and gas resources management does not have a	32399
material safety data sheet, the owner shall provide a copy of the	32400
material safety data sheet for the material to the chief.	32401

(F) An owner shall submit to the chief the information that	32402
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	32403
section consistent with the requirements established in this	32404
section using one of the following methods:	32405

(1) On a form prescribed by the chief;

32406

(2) Through the chemical disclosure registry that is	32407
maintained by the ground water protection council and the	32408
interstate oil and gas compact commission;	32409

(3) Any other means approved by the chief.

32410

(G) The chief shall post on the division's web site each	32411
material safety data sheet obtained under division (E) of this	32412
section. In addition, the chief shall make available through the	32413
division's web site the chemical information that is required by	32414
divisions (A)(9) and (10) and (B)(3) of this section.	32415

(H)(1) If a medical professional, in order to assist in the	32416
diagnosis or treatment of an individual who was affected by an	32417
incident associated with the production operations of a well,	32418
requests the exact chemical composition of each product, fluid, or	32419
substance and of each chemical component in a product, fluid, or	32420
substance that is designated as a trade secret pursuant to	32421
division (I) of this section, the person claiming the trade secret	32422
protection pursuant to that division shall provide to the medical	32423
professional the exact chemical composition of the product, fluid,	32424
or substance and of the chemical component in a product, fluid, or	32425
substance that is requested.	32426

(2) A medical professional who receives information pursuant	32427
to division (H)(1) of this section shall keep the information	32428
confidential and shall not disclose the information for any	32429
purpose that is not related to the diagnosis or treatment of an	32430
individual who was affected by an incident associated with the	32431
production operations of a well. Nothing in division (H)(2) of	32432
this section precludes a medical professional from making any	32433
report required by law or professional ethical standards.	32434

(I)(1) The owner of a well who is required to submit a well	32435
completion record under division (A) of this section or a report	32436
under division (B)(3) of this section or a person that provides	32437
information to the owner as described in and for purposes of	32438
division (A)(9) or (10) or (B)(3) of this section may designate	32439
without disclosing on a form prescribed by the chief and withhold	32440
from disclosure to the chief the identity, amount, concentration,	32441
or purpose of a product, fluid, or substance or of a chemical	32442
component in a product, fluid, or substance as a trade secret. The	32443
owner or person may pursue enforcement of any rights or remedies	32444
established in sections 1333.61 to 1333.69 of the Revised Code for	32445
misappropriation, as defined in section 1333.61 of the Revised	32446
Code, with respect to the identity, amount, concentration, or	32447
purpose of a product, fluid, or substance or a chemical component	32448
in a product, fluid, or substance designated as a trade secret	32449
pursuant to division (I)(1) of this section. The division shall	32450
not disclose information regarding the identity, amount,	32451
concentration, or purpose of any product, fluid, or substance or	32452
of any chemical component in a product, fluid, or substance	32453
designated as a trade secret pursuant to division (I)(1) of this	32454
section.	32455

(2) A property owner, an adjacent property owner, or any	32456
person or agency of this state having an interest that is or may	32457
be adversely affected by a product, fluid, or substance or by a	32458
chemical component in a product, fluid, or substance may commence	32459
a civil action in the court of common pleas of Franklin county	32460
against an owner or person described in division (I)(1) of this	32461
section challenging the owner's or person's claim to entitlement	32462
to trade secret protection for the specific identity, amount,	32463
concentration, or purpose of a product, fluid, or substance or of	32464
a chemical component in a product, fluid, or substance pursuant to	32465
division (I)(1) of this section. A person who commences a civil	32466
action pursuant to division (I)(2) of this section shall provide	32467
notice to the chief in a manner prescribed by the chief. In the	32468
civil action, the court shall conduct an in camera review of	32469
information submitted by an owner or person described in division	32470
(I)(1) of this section to determine if the identity, amount,	32471
concentration, or purpose of a product, fluid, or substance or of	32472
a chemical component in a product, fluid, or substance pursuant to	32473
division (I)(1) of this section is entitled to trade secret	32474
protection.	32475

(J)(1) Except for any information that is designated as a	32476
trade secret pursuant to division (I)(1) of this section and	32477
except as provided in division (J)(2) of this section, the owner	32478
of a well shall maintain records of all chemicals placed in a well	32479
for a period of not less than two years after the date on which	32480
each such chemical was placed in the well. The chief may inspect	32481
the records at any time concerning any such chemical.	32482

(2) An owner or person who has designated the identity,	32483
amount, concentration, or purpose of a product, fluid, or	32484
substance or of a chemical component in a product, fluid, or	32485
substance as a trade secret pursuant to division (I)(1) of this	32486
section shall maintain the records for such a product, fluid, or	32487
substance or for a chemical component in a product, fluid, or	32488
substance for a period of not less than two years after the date	32489
on which each such product, fluid, or substance or each such	32490
chemical component in a product, fluid, or substance was placed in	32491
the well. Upon the request of the chief, the owner or person, as	32492
applicable, shall disclose the records to the chief if the	32493
information is necessary to respond to a spill, release, or	32494
investigation. However, the chief shall not disclose the	32495
information that is designated as a trade secret.	32496

(K)(1) For purposes of correcting inaccuracies and	32497
incompleteness in chemical information required by divisions	32498
(A)(9) and (10) and (B)(3) of this section, an owner shall be	32499
considered in substantial compliance if the owner has made	32500
reasonable efforts to obtain the required information from the	32501
supplier.	32502

(2) For purposes of reporting under this section, an owner is	32503
not required to report chemicals that occur incidentally or in	32504
trace amounts.	32505

(L) As used in this section, the term "material safety data	32506
sheet" shall conform to any revision of or change in the term by	32507
the occupational safety and health administration in the United	32508
States department of labor.	32509

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	32510
a horizontal well, that is producing or capable of producing oil	32511
or gas shall file with the chief of the division of oil and gas	32512
resources management, on or before the thirty-first day of March,	32513
a statement of production of oil, gas, and brine for the last	32514
preceding calendar year in such form as the chief may prescribe.	32515
An owner that has more than one hundred such wells in this state	32516
shall submit electronically the statement of production in a	32517
format that is approved by the chief. The chief shall include on	32518
the form, at the minimum, a request for the submittal of the	32519
information that a person who is regulated under this chapter is	32520
required to submit under the "Emergency Planning and Community	32521
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	32522
regulations adopted under it, and that the division of oil and gas	32523
resources management does not obtain through other reporting	32524
mechanisms.	32525

(2) The owner of any horizontal well that is producing or	32526
capable of producing oil or gas shall file with the chief, on the	32527
forty-fifth day following the close of each calendar quarter, a	32528
statement of production of oil, gas, and brine for the preceding	32529
calendar quarter in a form that the chief prescribes. An owner	32530
that has more than one hundred horizontal wells in this state	32531
shall submit electronically the statement of production in a	32532
format that is approved by the chief. The chief shall include on	32533
the form, at a minimum, a request for the submittal of the	32534
information that a person who is regulated under this chapter is	32535
required to submit under the "Emergency Planning and Community	32536
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	32537
regulations adopted under it, and that the division does not	32538
obtain through other reporting mechanisms.	32539

(B) The chief shall not disclose information received from	32540
the department of taxation under division (C)(12) of section	32541
5703.21 of the Revised Code until the related statement of	32542
production required by division (A) of this section is filed with	32543
the chief.	32544

Sec. 1509.16. (A) As used in this section, "oil country	32545
tubular goods" means circular steel pipes that are seamless or	32546
welded and used in drilling for oil or natural gas, including	32547
casing, tubing, and drill pipe, whether finished or unfinished,	32548
and steel couplings and drill collars used with the pipes.	32549

(B) An owner shall file with the division of oil and gas	32550
resources management a disclosure form that specifies the country	32551
in which each oil country tubular good initially used in a	32552
production operation on or after the effective date of this	32553
section was manufactured unless that country cannot be determined	32554
by the owner. The division shall prescribe the disclosure form and	32555
consult with representatives from the natural gas, oil, and steel	32556
industries when developing the form. The division shall use the	32557
information specified on the form to establish a quality well	32558
infrastructure catalog.	32559

(C) The division shall determine the date on which the	32560
disclosure form shall be filed.	32561

Sec. 1509.22. (A) Except when acting in accordance with	32562
section 1509.226 of the Revised Code, no person shall place or	32563
cause to be placed in ground water or in or on the land or	32564
discharge or cause to be discharged in surface water brine, crude	32565
oil, natural gas, or other fluids associated with the exploration	32566
or, development, well stimulation, production operations, or	32567
plugging of oil and gas resources ~~in surface or ground water or in~~	32568
~~or on the land in such quantities or in such manner as actually~~	32569
that causes or could reasonably be anticipated to cause ~~either of~~	32570
~~the following:~~	32571

~~(1) Water used for consumption by humans or domestic animals~~	32572
~~to exceed the standards of the Safe Drinking Water Act;~~	32573

~~(2) Damage~~damage or injury to public health or safety or the	32574
environment.	32575

(B)(1) No person shall store or dispose of brine in violation	32576
of a plan approved under division (A) of section 1509.222 or	32577
section 1509.226 of the Revised Code, in violation of a resolution	32578
submitted under section 1509.226 of the Revised Code, or in	32579
violation of rules or orders applicable to those plans or	32580
resolutions.	32581

(2)(a) On and after January 1, 2014, no person shall store,	32582
recycle, treat, process, or dispose of in this state brine or	32583
other waste substances associated with the exploration,	32584
development, well stimulation, production operations, or plugging	32585
of oil and gas resources without an order or a permit issued under	32586
this section or section 1509.06 or 1509.21 of the Revised Code or	32587
rules adopted under any of those sections. For purposes of	32588
division (B)(2)(a) of this section, a permit or other form of	32589
authorization issued by another agency of the state or a political	32590
subdivision of the state shall not be considered a permit or order	32591
issued by the chief of the division of oil and gas resources	32592
management under this chapter.	32593

(b) Division (B)(2)(a) of this section does not apply to a	32594
person that disposes of such waste substances other than brine in	32595
accordance with Chapter 3734. of the Revised Code and rules	32596
adopted under it.	32597

(C) The chief ~~of the division of oil and gas resources~~	32598
~~management~~ shall adopt rules ~~and issue orders~~ regarding storage,	32599
recycling, treatment, processing, and disposal of brine and other	32600
waste substances~~; however, the~~. The rules shall establish	32601
procedures and requirements in accordance with which a person	32602
shall apply for a permit or order for the storage, recycling,	32603
treatment, processing, or disposal of brine and other waste	32604
substances that are not subject to a permit issued under section	32605
1509.06 or 1509.21 of the Revised Code and in accordance with	32606
which the chief may issue such a permit or order. An application	32607
for such a permit shall be accompanied by a nonrefundable fee of	32608
two thousand five hundred dollars.	32609

The storage, recycling, treatment, processing, and disposal	32610
of brine and other waste substances and the chief's rules relating	32611
to storage, recycling, treatment, processing, and disposal are	32612
subject to all of the following standards:	32613

(1) Brine from any well except an exempt Mississippian well	32614
shall be disposed of only ~~by injection~~as follows:	32615

(a) By injection into an underground formation, including	32616
annular disposal if approved by rule of the chief, which injection	32617
shall be subject to division (D) of this section; by	32618

(b) By surface application in accordance with section	32619
1509.226 of the Revised Code; in	32620

(c) In association with a method of enhanced recovery as	32621
provided in section 1509.21 of the Revised Code; ~~or by~~	32622

(d) In any other ~~methods~~manner not specified in divisions	32623
(C)(1)(a) to (c) of this section that is approved by a permit or	32624
order issued by the chief ~~for testing or implementing a new~~	32625
~~technology or method of disposal~~. ~~Brine~~	32626

(2) Brine from exempt Mississippian wells shall not be	32627
discharged directly into the waters of the state.	32628

~~(2)~~(3) Muds, cuttings, and other waste substances shall not	32629
be disposed of in violation of this chapter or any rule adopted	32630
under it.	32631

~~(3)~~(4) Pits or steel tanks shall be used as authorized by the	32632
chief for containing brine and other waste substances resulting	32633
from, obtained from, or produced in connection with drilling, well	32634
stimulation, reworking, reconditioning, plugging back, or plugging	32635
operations. The pits and steel tanks shall be constructed and	32636
maintained to prevent the escape of brine and other waste	32637
substances.	32638

~~(4)~~(5) A dike or pit may be used for spill prevention and	32639
control. A dike or pit so used shall be constructed and maintained	32640
to prevent the escape of brine and crude oil, and the reservoir	32641
within such a dike or pit shall be kept reasonably free of brine,	32642
crude oil, and other waste substances.	32643

~~(5) Earthen impoundments~~(6) Impoundments constructed	32644
utilizing a synthetic liner pursuant to the division's	32645
specifications may be used for the temporary storage of ~~fluids~~	32646
waste substances used in the construction, stimulation, or	32647
plugging of a well.	32648

~~(6)~~(7) No pit~~, earthen impoundment,~~ or dike shall be used for	32649
the temporary storage of brine or other waste substances except in	32650
accordance with divisions (C)~~(3) to~~(4) and (5) of this section.	32651

~~(7)~~(8) No pit or dike shall be used for the ultimate disposal	32652
of brine or other liquid waste substances.	32653

(D)(1) No person, without first having obtained a permit from	32654
the chief, shall inject brine or other waste substances resulting	32655
from, obtained from, or produced in connection with oil or gas	32656
drilling, exploration, or production into an underground formation	32657
unless a rule of the chief expressly authorizes the injection	32658
without a permit. The permit shall be in addition to any permit	32659
required by section 1509.05 of the Revised Code, and the permit	32660
application shall be accompanied by a permit fee of one thousand	32661
dollars. The chief shall adopt rules in accordance with Chapter	32662
119. of the Revised Code regarding the injection into wells of	32663
brine and other waste substances resulting from, obtained from, or	32664
produced in connection with oil or gas drilling, exploration, or	32665
production. The rules shall include provisions regarding all of	32666
the following:	32667

(a) Applications for and issuance of the permits required by	32668
this division;	32669

(b) Entry to conduct inspections and to examine and copy	32670
records to ascertain compliance with this division and rules,	32671
orders, and terms and conditions of permits adopted or issued	32672
under it;	32673

(c) The provision and maintenance of information through	32674
monitoring, recordkeeping, and reporting. In addition, the rules	32675
shall require the owner of an injection well who has been issued a	32676
permit under division (D) of this section to quarterly submit	32677
electronically to the chief information concerning each shipment	32678
of brine or other waste substances received by the owner for	32679
injection into the well.	32680

(d) The provision and electronic reporting quarterly of	32681
information concerning brine and other waste substances from a	32682
transporter that is registered under section 1509.222 of the	32683
Revised Code prior to the injection of the transported brine or	32684
other waste substances;	32685

(e) Any other provisions in furtherance of the goals of this	32686
section and the Safe Drinking Water Act.	32687

(2) The chief may adopt rules in accordance with Chapter 119.	32688
of the Revised Code authorizing tests to evaluate whether fluids	32689
or carbon dioxide may be injected in a reservoir and to determine	32690
the maximum allowable injection pressure, which shall be conducted	32691
in accordance with methods prescribed in the rules or in	32692
accordance with conditions of the permit. In addition, the chief	32693
may adopt rules that do both of the following:	32694

(a) Establish the total depth of a well for which a permit	32695
has been applied for or issued under this division;	32696

(b) Establish requirements and procedures to protect public	32697
health and safety.	32698

(3) To implement the goals of the Safe Drinking Water Act,	32699
the chief shall not issue a permit for the injection of brine or	32700
other waste substances resulting from, obtained from, or produced	32701
in connection with oil or gas drilling, exploration, or production	32702
unless the chief concludes that the applicant has demonstrated	32703
that the injection will not result in the presence of any	32704
contaminant in ground water that supplies or can reasonably be	32705
expected to supply any public water system, such that the presence	32706
of the contaminant may result in the system's not complying with	32707
any national primary drinking water regulation or may otherwise	32708
adversely affect the health of persons.	32709

(4) The chief may issue an order to the owner of a well in	32710
existence on ~~the effective date of this amendment~~September 10,	32711
2012, to make changes in the operation of the well in order to	32712
correct problems or to address safety concerns.	32713

(5) This division and rules, orders, and terms and conditions	32714
of permits adopted or issued under it shall be construed to be no	32715
more stringent than required for compliance with the Safe Drinking	32716
Water Act unless essential to ensure that underground sources of	32717
drinking water will not be endangered.	32718

(E) The owner holding a permit, or an assignee or transferee	32719
who has assumed the obligations and liabilities imposed by this	32720
chapter and any rules adopted or orders issued under it pursuant	32721
to section 1509.31 of the Revised Code, and the operator of a well	32722
shall be liable for a violation of this section or any rules	32723
adopted or orders or terms or conditions of a permit issued under	32724
it.	32725

(F)(1) An owner shall replace the water supply of the holder	32726
of an interest in real property who obtains all or part of the	32727
holder's supply of water for domestic, agricultural, industrial,	32728
or other legitimate use from an underground or surface source	32729
where the supply has been substantially disrupted by	32730
contamination, diminution, or interruption proximately resulting	32731
from the owner's oil or gas operation, or the owner may elect to	32732
compensate the holder of the interest in real property for the	32733
difference between the fair market value of the interest before	32734
the damage occurred to the water supply and the fair market value	32735
after the damage occurred if the cost of replacing the water	32736
supply exceeds this difference in fair market values. However,	32737
during the pendency of any order issued under this division, the	32738
owner shall obtain for the holder or shall reimburse the holder	32739
for the reasonable cost of obtaining a water supply from the time	32740
of the contamination, diminution, or interruption by the operation	32741
until the owner has complied with an order of the chief for	32742
compliance with this division or such an order has been revoked or	32743
otherwise becomes not effective. If the owner elects to pay the	32744
difference in fair market values, but the owner and the holder	32745
have not agreed on the difference within thirty days after the	32746
chief issues an order for compliance with this division, within	32747
ten days after the expiration of that thirty-day period, the owner	32748
and the chief each shall appoint an appraiser to determine the	32749
difference in fair market values, except that the holder of the	32750
interest in real property may elect to appoint and compensate the	32751
holder's own appraiser, in which case the chief shall not appoint	32752
an appraiser. The two appraisers appointed shall appoint a third	32753
appraiser, and within thirty days after the appointment of the	32754
third appraiser, the three appraisers shall hold a hearing to	32755
determine the difference in fair market values. Within ten days	32756
after the hearing, the appraisers shall make their determination	32757
by majority vote and issue their final determination of the	32758
difference in fair market values. The chief shall accept a	32759
determination of the difference in fair market values made by	32760
agreement of the owner and holder or by appraisers under this	32761
division and shall make and dissolve orders accordingly. This	32762
division does not affect in any way the right of any person to	32763
enforce or protect, under applicable law, the person's interest in	32764
water resources affected by an oil or gas operation.	32765

(2) For purposes of determining contamination of a water	32766
supply under division (F)(1) of this section, the chief shall	32767
review any baseline water supply test data that are available and	32768
may apply the primary drinking water standards established under	32769
the Safe Drinking Water Act.	32770

(G) In any action brought by the state for a violation of	32771
division (A) of this section involving any well at which annular	32772
disposal is used, there shall be a rebuttable presumption	32773
available to the state that the annular disposal caused the	32774
violation if the well is located within a one-quarter-mile radius	32775
of the site of the violation.	32776

(H)(1) There is levied on the owner of an injection well who	32777
has been issued a permit under division (D) of this section the	32778
following fees:	32779

(a) Five cents per barrel of each substance that is delivered	32780
to a well to be injected in the well when the substance is	32781
produced within the division of oil and gas resources management	32782
regulatory district in which the well is located or within an	32783
adjoining oil and gas resources management regulatory district;	32784

(b) Twenty cents per barrel of each substance that is	32785
delivered to a well to be injected in the well when the substance	32786
is not produced within the division of oil and gas resources	32787
management regulatory district in which the well is located or	32788
within an adjoining oil and gas resources management regulatory	32789
district.	32790

(2) The maximum number of barrels of substance per injection	32791
well in a calendar year on which a fee may be levied under	32792
division (H) of this section is five hundred thousand. If in a	32793
calendar year the owner of an injection well receives more than	32794
five hundred thousand barrels of substance to be injected in the	32795
owner's well and if the owner receives at least one substance that	32796
is produced within the division's regulatory district in which the	32797
well is located or within an adjoining regulatory district and at	32798
least one substance that is not produced within the division's	32799
regulatory district in which the well is located or within an	32800
adjoining regulatory district, the fee shall be calculated first	32801
on all of the barrels of substance that are not produced within	32802
the division's regulatory district in which the well is located or	32803
within an adjoining district at the rate established in division	32804
(H)(2) of this section. The fee then shall be calculated on the	32805
barrels of substance that are produced within the division's	32806
regulatory district in which the well is located or within an	32807
adjoining district at the rate established in division (H)(1) of	32808
this section until the maximum number of barrels established in	32809
division (H)(2) of this section has been attained.	32810

(3) The owner of an injection well who is issued a permit	32811
under division (D) of this section shall collect the fee levied by	32812
division (H) of this section on behalf of the division of oil and	32813
gas resources management and forward the fee to the division. The	32814
chief shall transmit all money received under division (H) of this	32815
section to the treasurer of state who shall deposit the money in	32816
the state treasury to the credit of the oil and gas well fund	32817
created in section 1509.02 of the Revised Code. The owner of an	32818
injection well who collects the fee levied by this division may	32819
retain up to three per cent of the amount that is collected.	32820

(4) The chief shall adopt rules in accordance with Chapter	32821
119. of the Revised Code establishing requirements and procedures	32822
for collection of the fee levied by division (H) of this section.	32823

Sec. 1509.226. (A) If a board of county commissioners, a	32824
board of township trustees, or the legislative authority of a	32825
municipal corporation wishes to permit the surface application of	32826
brine to roads, streets, highways, and other similar land surfaces	32827
it owns or has the right to control for control of dust or ice, it	32828
may adopt a resolution permitting such application as provided in	32829
this section. If a board or legislative authority does not adopt	32830
such a resolution, then no such surface application of brine is	32831
permitted on such roads, streets, highways, and other similar	32832
surfaces. If a board or legislative authority votes on a proposed	32833
resolution to permit such surface application of brine, but the	32834
resolution fails to receive the affirmative vote of a majority of	32835
the board or legislative authority, the board or legislative	32836
authority shall not adopt such a resolution for one year following	32837
the date on which the vote was taken. A board or legislative	32838
authority shall hold at least one public hearing on any proposal	32839
to permit surface application of brine under this division and may	32840
hold additional hearings. The board or legislative authority shall	32841
publish notice of the time and place of each such public hearing	32842
in a newspaper of general circulation in the political subdivision	32843
at least five days before the day on which the hearing is to be	32844
held.	32845

(B) If a board or legislative authority adopts a resolution	32846
permitting the surface application of brine to roads, streets,	32847
highways, and other similar land surfaces under division (A) of	32848
this section, the board or legislative authority shall, within	32849
thirty days after the adoption of the resolution, prepare and	32850
submit to the chief of the division of oil and gas resources	32851
management a copy of the resolution. Any department, agency, or	32852
instrumentality of this state or the United States that wishes to	32853
permit the surface application of brine to roads, streets,	32854
highways, and other similar land surfaces it owns or has a right	32855
to control shall prepare and submit guidelines for such	32856
application, but need not adopt a resolution under division (A) of	32857
this section permitting such surface application.	32858

All resolutions and guidelines shall be subject to the	32859
following standards:	32860

(1) Brine shall not be applied:

32861

(a) To a water-saturated surface;

32862

(b) Directly to vegetation near or adjacent to surfaces being	32863
treated;	32864

(c) Within twelve feet of structures crossing bodies of water	32865
or crossing drainage ditches;	32866

(d) Between sundown and sunrise, except for ice control.

32867

(2) The discharge of brine through the spreader bar shall	32868
stop when the application stops.	32869

(3) The applicator vehicle shall be moving at least five	32870
miles per hour at all times while the brine is being applied.	32871

(4) The maximum spreader bar nozzle opening shall be	32872
three-quarters of an inch in diameter.	32873

(5) The maximum uniform application rate of brine shall be	32874
three thousand gallons per mile on a twelve-foot-wide road or	32875
three gallons per sixty square feet on unpaved lots.	32876

(6) The applicator vehicle discharge valve shall be closed	32877
between the brine collection point and the specific surfaces that	32878
have been approved for brine application.	32879

(7) Any valves that provide for tank draining other than	32880
through the spreader bar shall be closed during the brine	32881
application and transport.	32882

(8) The angle of discharge from the applicator vehicle	32883
spreader bar shall not be greater than sixty degrees from the	32884
perpendicular to the unpaved surface.	32885

(9) Only the last twenty-five per cent of an applicator	32886
vehicle's contents shall be allowed to have a pressure greater	32887
than atmospheric pressure; therefore, the first seventy-five per	32888
cent of the applicator vehicle's contents shall be discharged	32889
under atmospheric pressure.	32890

(10) Only brine that is produced from a well that is not a	32891
horizontal well shall be allowed to be spread on a road. Fluids	32892
from the drilling of a well, flowback from the stimulation of a	32893
well, and other fluids used to treat a well shall not be spread on	32894
a road.	32895

If a resolution or guidelines contain only the standards	32896
listed in divisions (B)(1) to (10) of this section, without	32897
addition or qualification, the resolution or guidelines shall be	32898
deemed effective when submitted to the chief without further	32899
action by the chief. All other resolutions and guidelines shall	32900
comply with and be no less stringent than this chapter, rules	32901
concerning surface application that the chief shall adopt under	32902
division (C) of section 1509.22 of the Revised Code, and other	32903
rules of the chief. Within fifteen days after receiving such other	32904
resolutions and guidelines, the chief shall review them for	32905
compliance with the law and rules and disapprove them if they do	32906
not comply.	32907

The board, legislative authority, or department, agency, or	32908
instrumentality may revise and resubmit any resolutions or	32909
guidelines that the chief disapproves after each disapproval, and	32910
the chief shall again review and approve or disapprove them within	32911
fifteen days after receiving them. The board, legislative	32912
authority, or department, agency, or instrumentality may amend any	32913
resolutions or guidelines previously approved by the chief and	32914
submit them, as amended, to the chief. The chief shall receive,	32915
review, and approve or disapprove the amended resolutions or	32916
guidelines on the same basis and in the same time as original	32917
resolutions or guidelines. The board, legislative authority, or	32918
department, agency, or instrumentality shall not implement amended	32919
resolutions or guidelines until they are approved by the chief	32920
under this division.	32921

(C) Any person, other than a political subdivision required	32922
to adopt a resolution under division (A) of this section or a	32923
department, agency, or instrumentality of this state or the United	32924
States, who owns or has a legal right or obligation to maintain a	32925
road, street, highway, or other similar land surface may file with	32926
the board of county commissioners a written plan for the	32927
application of brine to the road, street, highway, or other	32928
surface. The board need not approve any such plans, but if it	32929
approves a plan, the plan shall comply with this chapter, rules	32930
adopted thereunder, and the board's resolutions, if any.	32931
Disapproved plans may be revised and resubmitted for the board's	32932
approval. Approved plans may also be revised and submitted to the	32933
board. A plan or revised plan shall do all of the following:	32934

(1) Identify the sources of brine to be used under the plan;

32935

(2) Identify by name, address, and registration certificate,	32936
if applicable, any transporters of the brine;	32937

(3) Specifically identify the places to which the brine will	32938
be applied;	32939

(4) Specifically describe the method, rate, and frequency of	32940
application.	32941

(D) The board may attach terms and conditions to approval of	32942
a plan, or revised plan, and may revoke approval for any violation	32943
of this chapter, rules adopted thereunder, resolutions adopted by	32944
the board, or terms or conditions attached by the board. The board	32945
shall conduct at least one public hearing before approving a plan	32946
or revised plan, publishing notice of the time and place of each	32947
such public hearing in a newspaper of general circulation in the	32948
county at least five days before the day on which the hearing is	32949
to be held. The board shall record the filings of all plans and	32950
revised plans in its journal. The board shall approve, disapprove,	32951
or revoke approval of a plan or revised plan by the adoption of a	32952
resolution. Upon approval of a plan or revised plan, the board	32953
shall send a copy of the plan to the chief. Upon revoking approval	32954
of a plan or revised plan, the board shall notify the chief of the	32955
revocation.	32956

(E) No person shall:

32957

(1) Apply brine to a water-saturated surface;

32958

(2) Apply brine directly to vegetation adjacent to the	32959
surface of roads, streets, highways, and other surfaces to which	32960
brine may be applied.	32961

(F) Each political subdivision that adopts a resolution under	32962
divisions (A) and (B) of this section, each department, agency, or	32963
instrumentality of this state or the United States that submits	32964
guidelines under division (B) of this section, and each person who	32965
files a plan under divisions (C) and (D) of this section shall, on	32966
or before the fifteenth day of April of each year, file a report	32967
with the chief concerning brine applied within the person's or	32968
governmental entity's jurisdiction, including the quantities	32969
transported and the sources and application points during the last	32970
preceding calendar year and such other information in such form as	32971
the chief requires.	32972

(G) Any political subdivision or department, agency, or	32973
instrumentality of this state or the United States that applies	32974
brine under this section may do so with its own personnel,	32975
vehicles, and equipment without registration under or compliance	32976
with section 1509.222 or 1509.223 of the Revised Code and without	32977
the necessity for filing the surety bond or other security	32978
required by section 1509.225 of the Revised Code. However, each	32979
such entity shall legibly identify vehicles used to apply brine	32980
with reflective paint in letters no less than four inches in	32981
height, indicating the word "brine" and that the vehicle is a	32982
vehicle of the political subdivision, department, agency, or	32983
instrumentality. Except as stated in this division, such entities	32984
shall transport brine in accordance with sections 1509.22 to	32985
1509.226 of the Revised Code.	32986

(H) A surface application plan filed for approval under	32987
division (C) of this section shall be accompanied by a	32988
nonrefundable fee of fifty dollars, which shall be credited to the	32989
general fund of the county. An approved plan is valid for one year	32990
from the date of its approval unless it is revoked before that	32991
time. An approved revised plan is valid for the remainder of the	32992
term of the plan it supersedes unless it is revoked before that	32993
time. Any person who has filed such a plan or revised plan and had	32994
it approved may renew it by refiling it in accordance with	32995
divisions (C) and (D) of this section within thirty days before	32996
any anniversary of the date on which the original plan was	32997
approved. The board shall notify the chief of renewals and	32998
nonrenewals of plans. Even if a renewed plan is approved under	32999
those divisions, the plan is not effective until notice is	33000
received by the chief, and until notice is received, the chief	33001
shall enforce this chapter and rules adopted thereunder with	33002
regard to the affected roads, streets, highways, and other similar	33003
land surfaces as if the plan had not been renewed.	33004

(I) A resolution adopted under division (A) of this section	33005
by a board or legislative authority shall be effective for one	33006
year following the date of its adoption and from month to month	33007
thereafter until the board or legislative authority, by	33008
resolution, terminates the authority granted in the original	33009
resolution. The termination shall be effective not less than seven	33010
days after enactment of the resolution, and a copy of the	33011
resolution shall be sent to the chief.	33012

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	33013
assessment is hereby imposed by this section on an owner. An owner	33014
shall pay the assessment in the same manner as a severer who is	33015
required to file a return under section 5749.06 of the Revised	33016
Code. However, an owner may designate a severer who shall pay the	33017
owner's assessment on behalf of the owner on the return that the	33018
severer is required to file under that section. If a severer so	33019
pays an owner's assessment, the severer may recoup from the owner	33020
the amount of the assessment. Except for an exempt domestic well,	33021
the assessment imposed shall be in addition to the taxes levied on	33022
the severance of oil and gas under section 5749.02 of the Revised	33023
Code.	33024

(B)(1) Except for an exempt domestic well, the oil and gas	33025
regulatory cost recovery assessment shall be calculated on a	33026
quarterly basis and shall be one of the following:	33027

(a) If the sum of ten cents per barrel of oil for all of the	33028
wells of the owner, one-half of one cent per one thousand cubic	33029
feet of natural gas for all of the wells of the owner, and the	33030
amount of the severance tax levied on each severer for all of the	33031
wells of the owner under divisions (A)(5) and (6) of section	33032
5749.02 of the Revised Code, as applicable, is greater than the	33033
sum of fifteen dollars for each well owned by the owner, the	33034
amount of the assessment is the sum of ten cents per barrel of oil	33035
for all of the wells of the owner and one-half of one cent per one	33036
thousand cubic feet of natural gas for all of the wells of the	33037
owner.	33038

(b) If the sum of ten cents per barrel of oil for all of the	33039
wells of the owner, one-half of one cent per one thousand cubic	33040
feet of natural gas for all of the wells of the owner, and the	33041
amount of the severance tax levied on each severer for all of the	33042
wells of the owner under divisions (A)(5) and (6) of section	33043
5749.02 of the Revised Code, as applicable, is less than the sum	33044
of fifteen dollars for each well owned by the owner, the amount of	33045
the assessment is the sum of fifteen dollars for each well owned	33046
by the owner less the amount of the tax levied on each severer for	33047
all of the wells of the owner under divisions (A)(5) and (6) of	33048
section 5749.02 of the Revised Code, as applicable.	33049

(2) The oil and gas regulatory cost recovery assessment for a	33050
well that becomes an exempt domestic well on and after June 30,	33051
2010, shall be sixty dollars to be paid to the division of oil and	33052
gas resources management on the first day of July of each year.	33053

(C) All money collected pursuant to this section shall be	33054
~~deposited in the state treasury to the credit of~~credited to the	33055
severance tax receipts fund. After the director of budget and	33056
management transfers money from the severance tax receipts fund as	33057
required in division (H) of section 5749.06 of the Revised Code,	33058
money in the severance tax receipts fund from amounts collected	33059
pursuant to this section shall be credited to the oil and gas well	33060
fund created in section 1509.02 of the Revised Code.	33061

(D) Except for purposes of revenue distribution as specified	33062
in division (B) of section 5749.02 of the Revised Code, the oil	33063
and gas regulatory cost recovery assessment imposed by this	33064
section shall be treated the same and equivalent for all purposes	33065
as the taxes levied on the severance of oil and gas under that	33066
section. However, the assessment imposed by this section is not a	33067
tax under Chapter 5749. of the Revised Code.	33068

Sec. 1511.02. The chief of the division of soil and water	33069
resources, subject to the approval of the director of natural	33070
resources, shall do all of the following:	33071

(A) Provide administrative leadership to local soil and water	33072
conservation districts in planning, budgeting, staffing, and	33073
administering district programs and the training of district	33074
supervisors and personnel in their duties, responsibilities, and	33075
authorities as prescribed in this chapter and Chapter 1515. of the	33076
Revised Code;	33077

(B) Administer this chapter and Chapter 1515. of the Revised	33078
Code pertaining to state responsibilities and provide staff	33079
assistance to the Ohio soil and water conservation commission in	33080
exercising its statutory responsibilities;	33081

(C) Assist in expediting state responsibilities for watershed	33082
development and other natural resource conservation works of	33083
improvement;	33084

(D) Coordinate the development and implementation of	33085
cooperative programs and working agreements between local soil and	33086
water conservation districts and divisions or sections of the	33087
department of natural resources, or other agencies of local,	33088
state, and federal government;	33089

(E) Subject to the approval of the Ohio soil and water	33090
conservation commission, adopt, amend, or rescind rules pursuant	33091
to Chapter 119. of the Revised Code. Rules adopted pursuant to	33092
this section:	33093

(1) Shall establish technically feasible and economically	33094
reasonable standards to achieve a level of management and	33095
conservation practices in farming or silvicultural operations that	33096
will abate wind or water erosion of the soil or abate the	33097
degradation of the waters of the state by animal waste or by soil	33098
sediment including substances attached thereto, and establish	33099
criteria for determination of the acceptability of such management	33100
and conservation practices;	33101

(2) Shall establish technically feasible and economically	33102
reasonable standards to achieve a level of management and	33103
conservation practices that will abate wind or water erosion of	33104
the soil or abate the degradation of the waters of the state by	33105
soil sediment in conjunction with land grading, excavating,	33106
filling, or other soil-disturbing activities on land used or being	33107
developed for nonfarm commercial, industrial, residential, or	33108
other nonfarm purposes, and establish criteria for determination	33109
of the acceptability of such management and conservation	33110
practices. The standards shall be designed to implement applicable	33111
areawide waste treatment management plans prepared under section	33112
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	33113
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	33114
shall not apply in any municipal corporation or county that adopts	33115
ordinances or rules pertaining to sediment control, nor to lands	33116
being used in a strip mine operation as defined in section 1513.01	33117
of the Revised Code, nor to lands being used in a surface mining	33118
operation as defined in section 1514.01 of the Revised Code.	33119

(3) May recommend criteria and procedures for the approval of	33120
urban sediment pollution abatement plans and issuance of permits	33121
prior to any grading, excavating, filling, or other whole or	33122
partial disturbance of five or more contiguous acres of land owned	33123
by one person or operated as one development unit and require	33124
implementation of such a plan. Areas of less than five contiguous	33125
acres are not exempt from compliance with other provisions of this	33126
chapter and rules adopted under them.	33127

(4) Shall establish procedures for administration of rules	33128
for agricultural pollution abatement and urban sediment pollution	33129
abatement and for enforcement of rules for agricultural pollution	33130
abatement;	33131

(5) Shall specify the pollution abatement practices eligible	33132
for state cost sharing and determine the conditions for	33133
eligibility, the construction standards and specifications, the	33134
useful life, the maintenance requirements, and the limits of cost	33135
sharing for those practices. Eligible practices shall be limited	33136
to practices that address agricultural or silvicultural operations	33137
and that require expenditures that are likely to exceed the	33138
economic returns to the owner or operator and that abate soil	33139
erosion or degradation of the waters of the state by animal waste	33140
or soil sediment including pollutants attached thereto.	33141

(6) Shall establish procedures for administering grants to	33142
owners or operators of agricultural land or concentrated animal	33143
feeding operations for the implementation of operation and	33144
management plans;	33145

(7) Shall establish procedures for administering grants to	33146
soil and water conservation districts for urban sediment pollution	33147
abatement programs, specify the types of projects eligible for	33148
grants, establish limits on the availability of grants, and	33149
establish requirements governing the execution of projects to	33150
encourage the reduction of erosion and sedimentation associated	33151
with soil-disturbing activities;	33152

(8) Shall do all of the following with regard to composting	33153
conducted in conjunction with agricultural operations:	33154

(a) Provide for the distribution of educational material	33155
concerning composting to the offices of ~~the Ohio cooperative~~OSU	33156
extension ~~service~~ for the purposes of section 1511.022 of the	33157
Revised Code;	33158

(b) Establish methods, techniques, or practices for	33159
composting dead animals, or particular types of dead animals, that	33160
are to be used at such operations, as the chief considers to be	33161
necessary or appropriate;	33162

(c) Establish requirements and procedures governing the	33163
review and approval or disapproval of composting plans by the	33164
supervisors of soil and water conservation districts under	33165
division (Q) of section 1515.08 of the Revised Code.	33166

(9) Shall be adopted, amended, or rescinded after the chief	33167
does all of the following:	33168

(a) Mails notice to each statewide organization that the	33169
chief determines represents persons or local governmental agencies	33170
who would be affected by the proposed rule, amendment thereto, or	33171
rescission thereof at least thirty-five days before any public	33172
hearing thereon;	33173

(b) Mails a copy of each proposed rule, amendment thereto, or	33174
rescission thereof to any person who requests a copy, within five	33175
days after receipt of the request;	33176

(c) Consults with appropriate state and local governmental	33177
agencies or their representatives, including statewide	33178
organizations of local governmental officials, industrial	33179
representatives, and other interested persons;	33180

(d) If the rule relates to agricultural pollution abatement,	33181
develops an economic impact statement concerning the effect of the	33182
proposed rule or amendment.	33183

(10) Shall not conflict with air or water quality standards	33184
adopted pursuant to section 3704.03 or 6111.041 of the Revised	33185
Code. Compliance with rules adopted pursuant to this section does	33186
not affect liability for noncompliance with air or water quality	33187
standards adopted pursuant to section 3704.03 or 6111.041 of the	33188
Revised Code. The application of a level of management and	33189
conservation practices recommended under this section to control	33190
windblown soil from farming operations creates a presumption of	33191
compliance with section 3704.03 of the Revised Code as that	33192
section applies to windblown soil.	33193

(11) Insofar as the rules relate to urban sediment pollution,	33194
shall not be applicable in a municipal corporation or county that	33195
adopts ordinances or rules for urban sediment control, except that	33196
a municipal corporation or county that adopts such ordinances or	33197
rules may receive moneys for urban sediment control that are	33198
disbursed by the board of supervisors of the applicable soil and	33199
water conservation district under division (N) of section 1515.08	33200
of the Revised Code. The rules shall not exempt any person from	33201
compliance with municipal ordinances enacted pursuant to Section 3	33202
of Article XVIII, Ohio Constitution.	33203

(F) Cost share with landowners on practices established	33204
pursuant to division (E)(5) of this section as moneys are	33205
appropriated and available for that purpose. Any practice for	33206
which cost share is provided shall be maintained for its useful	33207
life. Failure to maintain a cost share practice for its useful	33208
life shall subject the landowner to full repayment to the	33209
division.	33210

(G) Issue orders requiring compliance with any rule adopted	33211
under division (E)(1) of this section or with section 1511.022 of	33212
the Revised Code. Before the chief issues an order, the chief	33213
shall afford each person allegedly liable an adjudication hearing	33214
under Chapter 119. of the Revised Code. The chief may require in	33215
an order that a person who has caused agricultural pollution by	33216
failure to comply with the standards established under division	33217
(E)(1) of this section operate under an operation and management	33218
plan approved by the chief under this section. The chief shall	33219
require in an order that a person who has failed to comply with	33220
division (A) of section 1511.022 of the Revised Code prepare a	33221
composting plan in accordance with rules adopted under division	33222
(E)(10)(c) of this section and operate in accordance with that	33223
plan or that a person who has failed to operate in accordance with	33224
such a plan begin to operate in accordance with it. Each order	33225
shall be issued in writing and contain a finding by the chief of	33226
the facts upon which the order is based and the standard that is	33227
not being met.	33228

(H) Employ field assistants and such other employees as are	33229
necessary for the performance of the work prescribed by Chapter	33230
1515. of the Revised Code, for performance of work of the	33231
division, and as agreed to under working agreements or contractual	33232
arrangements with local soil and water conservation districts,	33233
prescribe their duties, and fix their compensation in accordance	33234
with such schedules as are provided by law for the compensation of	33235
state employees.	33236

All employees of the division, unless specifically exempted	33237
by law, shall be employed subject to the classified civil service	33238
laws in force at the time of employment.	33239

(I) In connection with new or relocated projects involving	33240
highways, underground cables, pipelines, railroads, and other	33241
improvements affecting soil and water resources, including surface	33242
and subsurface drainage:	33243

(1) Provide engineering service as is mutually agreeable to	33244
the Ohio soil and water conservation commission and the director	33245
to aid in the design and installation of soil and water	33246
conservation practices as a necessary component of such projects;	33247

(2) Maintain close liaison between the owners of lands on	33248
which the projects are executed, local soil and water conservation	33249
districts, and authorities responsible for such projects;	33250

(3) Review plans for such projects to ensure their compliance	33251
with standards developed under division (E) of this section in	33252
cooperation with the department of transportation or with any	33253
other interested agency that is engaged in soil or water	33254
conservation projects in the state in order to minimize adverse	33255
impacts on soil and water resources adjacent to or otherwise	33256
affected by these projects;	33257

(4) Recommend measures to retard erosion and protect soil and	33258
water resources through the installation of water impoundment or	33259
other soil and water conservation practices;	33260

(5) Cooperate with other agencies and subdivisions of the	33261
state to protect the agricultural status of rural lands adjacent	33262
to such projects and control adverse impacts on soil and water	33263
resources.	33264

(J) Collect, analyze, inventory, and interpret all available	33265
information pertaining to the origin, distribution, extent, use,	33266
and conservation of the soil resources of the state;	33267

(K) Prepare and maintain up-to-date reports, maps, and other	33268
materials pertaining to the soil resources of the state and their	33269
use and make that information available to governmental agencies,	33270
public officials, conservation entities, and the public;	33271

(L) Provide soil and water conservation districts with	33272
technical assistance including on-site soil investigations and	33273
soil interpretation reports on the suitability or limitations of	33274
soil to support a particular use or to plan soil conservation	33275
measures. The assistance shall be upon such terms as are mutually	33276
agreeable to the districts and the department of natural	33277
resources.	33278

(M) Assist local government officials in utilizing land use	33279
planning and zoning, current agricultural use value assessment,	33280
development reviews, and land management activities;	33281

(N) When necessary for the purposes of this chapter or	33282
Chapter 1515. of the Revised Code, develop or approve operation	33283
and management plans.	33284

This section does not restrict the excrement of domestic or	33285
farm animals defecated on land outside a concentrated animal	33286
feeding operation or runoff therefrom into the waters of the	33287
state.	33288

Sec. 1511.022. (A) Any person who owns or operates an	33289
agricultural operation, or owns the animals raised by the owner or	33290
operator of an agricultural operation, and who wishes to conduct	33291
composting of dead animals resulting from the agricultural	33292
operation shall do both of the following:	33293

(1) Participate in an educational course concerning	33294
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	33295
and obtain a certificate of completion for the course;	33296

(2) Use the appropriate method, technique, or practice of	33297
composting established in rules adopted under division (E)(8) of	33298
section 1511.02 of the Revised Code.	33299

(B) Any person who fails to comply with division (A) of this	33300
section shall prepare and operate under a composting plan in	33301
accordance with an order issued by the chief of the division of	33302
soil and water resources under division (G) of section 1511.02 of	33303
the Revised Code. If the person's proposed composting plan is	33304
disapproved by the board of supervisors of the appropriate soil	33305
and water conservation district under division (Q)(3) of section	33306
1515.08 of the Revised Code, the person may appeal the plan	33307
disapproval to the chief, who shall afford the person a hearing.	33308
Following the hearing, the chief shall uphold the plan disapproval	33309
or reverse it. If the chief reverses the disapproval, the plan	33310
shall be deemed approved.	33311

Sec. 1519.05. (A) As used in this section, "local political	33312
subdivision" and "nonprofit organization" have the same meanings	33313
as in section 164.20 of the Revised Code.	33314

(B)(1) There is hereby created in the state treasury the	33315
clean Ohio trail fund. Twelve and one-half per cent of the net	33316
proceeds of obligations issued and sold pursuant to sections	33317
151.01 and 151.09 of the Revised Code shall be deposited into the	33318
fund.	33319

(2) Investment earnings of the fund shall be credited to the	33320
fund and may be used to pay costs incurred by the director of	33321
natural resources in administering this section.	33322

(3) Money in the clean Ohio trail fund shall not be used for	33323
the appropriation of land, rights, rights-of-way, franchises,	33324
easements, or other property through the exercise of the right of	33325
eminent domain.	33326

~~The~~(4) Except as provided in division (B)(5) of this	33327
section, the director shall use moneys in the fund exclusively to	33328
provide matching grants to nonprofit organizations and to local	33329
political subdivisions for the purposes of purchasing land or	33330
interests in land for recreational trails and for the construction	33331
of such trails. A matching grant may provide up to seventy-five	33332
per cent of the cost of a recreational trail project, and the	33333
recipient of the matching grant shall provide not less than	33334
twenty-five per cent of that cost.	33335

(5) The director, at the director's discretion, may use up to	33336
twenty-five per cent of moneys in the fund to provide grants to	33337
nonprofit organizations and to local political subdivisions for	33338
the purpose of maintaining recreational trails.	33339

(C) The director shall establish policies for the purposes of	33340
this section. The policies shall establish all of the following:	33341

(1) Procedures for providing matching grants to nonprofit	33342
organizations and local political subdivisions for the purposes of	33343
purchasing land or interests in land for recreational trails and	33344
for the construction of such trails, including, without	33345
limitation, procedures for both of the following:	33346

(a) Developing a grant application form and soliciting,	33347
accepting, and approving grant applications;	33348

(b) Participation by nonprofit organizations and local	33349
political subdivisions in the application process.	33350

(2) A requirement that an application for a matching grant	33351
for a recreational trail project include a copy of a resolution	33352
supporting the project from each county in which the proposed	33353
project is to be conducted and whichever of the following is	33354
applicable:	33355

(a) If the proposed project is to be conducted wholly within	33356
the geographical boundaries of one township, a copy of a	33357
resolution supporting the project from the township;	33358

(b) If the proposed project is to be conducted wholly within	33359
the geographical boundaries of one municipal corporation, a copy	33360
of a resolution supporting the project from the municipal	33361
corporation;	33362

(c) If the proposed project is to be conducted in more than	33363
one, but fewer than five townships or municipal corporations, a	33364
copy of a resolution supporting the project from at least one-half	33365
of the total number of townships and municipal corporations in	33366
which the proposed project is to be conducted;	33367

(d) If the proposed project is to be conducted in five or	33368
more municipal corporations, a copy of a resolution supporting the	33369
project from at least three-fifths of the total number of	33370
townships and municipal corporations in which the proposed project	33371
is to be conducted.	33372

(3) Eligibility criteria that must be satisfied by an	33373
applicant in order to receive a matching grant and that emphasize	33374
the following:	33375

(a) Synchronization with the statewide trail plan;

33376

(b) Complete regional systems and links to the statewide	33377
trail system;	33378

33379

(d) The provision of links in urban areas that support	33380
commuter access and show economic impact on local communities;	33381

(e) The linkage of population centers with public outdoor	33382
recreation areas and facilities;	33383

(f) The purchase of rail lines that are linked to the	33384
statewide trail plan;	33385

(g) The preservation of natural corridors.

33386

(4) Items of value, such as in-kind contributions of land,	33387
easements or other interests in land, labor, or materials, that	33388
may be considered as contributing toward the percentage of the	33389
cost of a recreational trails project that must be provided by a	33390
matching grant recipient;	33391

(5) A requirement that an application for a matching grant	33392
for a recreational trail project include a study on the current	33393
use of existing trails in the county in which the proposed project	33394
will be located if there is an existing trail in that county. The	33395
study shall include a report on the maintenance needs and a plan	33396
for use of the proposed project.	33397

(6) Procedures for providing grants to nonprofit	33398
organizations and local political subdivisions for the purpose of	33399
maintaining recreational trails, including, without limitation,	33400
procedures for both of the following:	33401

(a) Developing a grant application form and soliciting,	33402
accepting, and approving grant applications;	33403

(b) Participation by nonprofit organizations and local	33404
political subdivisions in the application process.	33405

(7) Eligibility criteria that must be satisfied by an	33406
applicant in order to receive a grant for the purpose of	33407
maintaining recreational trails.	33408

Sec. 1531.06. (A) The chief of the division of wildlife,	33409
with the approval of the director of natural resources, may	33410
acquire by gift, lease, purchase, or otherwise lands or surface	33411
rights upon lands and waters or surface rights upon waters for	33412
wild animals, fish or game management, preservation, propagation,	33413
and protection, outdoor and nature activities, public fishing and	33414
hunting grounds, and flora and fauna preservation. The chief, with	33415
the approval of the director, may receive by grant, devise,	33416
bequest, donation, or assignment evidences of indebtedness, the	33417
proceeds of which are to be used for the purchase of such lands or	33418
surface rights upon lands and waters or surface rights upon	33419
waters.	33420

(B)(1) The chief shall adopt rules for the protection of	33421
state-owned or leased lands and waters and property under the	33422
control of the division of wildlife against wrongful use or	33423
occupancy that will ensure the carrying out of the intent of this	33424
section, protect those lands, waters, and property from	33425
depredations, and preserve them from molestation, spoilation,	33426
destruction, or any improper use or occupancy thereof, including	33427
rules with respect to recreational activities and for the	33428
government and use of such lands, waters, and property.	33429

(2) The chief may adopt rules benefiting wild animals, fish	33430
or game management, preservation, propagation, and protection,	33431
outdoor and nature activities, public fishing and hunting grounds,	33432
and flora and fauna preservation, and regulating the taking and	33433
possession of wild animals on any lands or waters owned or leased	33434
or under the division's supervision and control and, for a	33435
specified period of years, may prohibit or recall the taking and	33436
possession of any wild animal on any portion of such lands or	33437
waters. The division clearly shall define and mark the boundaries	33438
of the lands and waters owned or leased or under its supervision	33439
and control upon which the taking of any wild animal is	33440
prohibited.	33441

(C) The chief, with the approval of the director, may acquire	33442
by gift, lease, or purchase land for the purpose of establishing	33443
state fish hatcheries and game farms and may erect on it buildings	33444
or structures that are necessary.	33445

The title to or lease of such lands and waters shall be taken	33446
by the chief in the name of the state. The lease or purchase price	33447
of all such lands and waters may be paid from hunting and trapping	33448
and fishing licenses and any other funds.	33449

(D) To provide more public recreation, stream and lake	33450
agreements for public fishing only may be obtained under rules	33451
adopted by the chief.	33452

(E) The chief, with the approval of the director, may	33453
establish user fees for the use of special public facilities or	33454
participation in special activities on lands and waters	33455
administered by the division. The special facilities and	33456
activities may include hunting or fishing on special designated	33457
public lands and waters intensively managed or stocked with	33458
artificially propagated game birds or fish, field trial	33459
facilities, wildlife nature centers, firearm ranges, boat mooring	33460
facilities, camping sites, and other similar special facilities	33461
and activities. The chief shall determine whether the user fees	33462
are refundable and shall ensure that that information is provided	33463
at the time the user fees are paid.	33464

(F) The chief, with the approval of the director, may enter	33465
into lease agreements for rental of concessions or other special	33466
projects situated on state-owned or leased lands or waters or	33467
other property under the division's control. The chief shall set	33468
and collect the fees for concession rentals or other special	33469
projects; regulate through contracts between the division and	33470
concessionaires the sale of tangible objects at concessions or	33471
other special projects; and keep a record of all such fee payments	33472
showing the amount received, from whom received, and for what	33473
purpose the fee was collected.	33474

(G) The chief may sell or donate conservation-related items	33475
or items that promote wildlife conservation, including, but not	33476
limited to, stamps, pins, badges, books, bulletins, maps,	33477
publications, calendars, and any other educational article or	33478
artifact pertaining to wild animals; sell confiscated or forfeited	33479
items; and sell surplus structures and equipment, and timber or	33480
crops from lands owned, administered, leased, or controlled by the	33481
division. The chief, with the approval of the director, also may	33482
engage in campaigns and special events that promote wildlife	33483
conservation by selling or donating wildlife-related materials,	33484
memberships, and other items of promotional value.	33485

(H) The chief may sell, lease, or transfer minerals or	33486
mineral rights, with the approval of the director, when the chief	33487
and the director determine it to be in the best interest of the	33488
state. Upon approval of the director, the chief may make, execute,	33489
and deliver contracts, including leases, to mine, drill, or	33490
excavate iron ore, stone, coal, salt, and other minerals, other	33491
than oil or gas, upon and under lands owned by the state and	33492
administered by the division to any person who complies with the	33493
terms of such a contract. No such contract shall be valid for more	33494
than fifty years from its effective date. Consideration for	33495
minerals and mineral rights shall be by rental or royalty basis as	33496
prescribed by the chief and payable as prescribed by contract.	33497
Moneys collected under this division shall be paid into the state	33498
treasury to the credit of the wildlife habitat fund created in	33499
section 1531.33 of the Revised Code. Contracts entered into under	33500
this division also may provide for consideration for minerals or	33501
mineral rights in the form of acquisition of lands as provided	33502
under divisions (A) and (C) of this section.	33503

(I) All moneys received under divisions (E), (F), and (G) of	33504
this section shall be paid into the state treasury to the credit	33505
of a fund that shall be used for the purposes outlined in section	33506
1533.15 of the Revised Code and for the management of other wild	33507
animals for their ecological and nonconsumptive recreational value	33508
or benefit.	33509

(J) The chief, with the approval of the director, may barter	33510
or sell wild animals to other states, state or federal agencies,	33511
and conservation or zoological organizations. Moneys received from	33512
the sale of wild animals shall be deposited into the ~~wild animal~~	33513
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	33514
Code.	33515

(K) The chief shall adopt rules establishing standards and	33516
guidelines for the administration of contraceptive chemicals to	33517
noncaptive wild animals. The rules may specify chemical delivery	33518
methods and devices and monitoring requirements.	33519

The chief shall establish criteria for the issuance of and	33520
shall issue permits for the administration of contraceptive	33521
chemicals to noncaptive wild animals. No person shall administer	33522
contraceptive chemicals to noncaptive wild animals without a	33523
permit issued by the chief.	33524

(L) All fees set by the chief under this section shall be	33525
approved by the wildlife council.	33526

(M) Information contained in the wildlife diversity database	33527
that is established pursuant to division (B)(2) of this section	33528
and section 1531.25 of the Revised Code may be made available to	33529
any individual or public or private agency for research,	33530
educational, environmental, land management, or other similar	33531
purposes that are not detrimental to the conservation of a species	33532
or feature. Information regarding sensitive site locations of	33533
species that are listed pursuant to section 1531.25 of the Revised	33534
Code and of features that are included in the wildlife diversity	33535
database is not subject to section 149.43 of the Revised Code if	33536
the chief determines that the release of the information could be	33537
detrimental to the conservation of a species or feature.	33538

Sec. 1531.17. All fines, penalties, and forfeitures arising	33539
from prosecutions, convictions, confiscations, or otherwise under	33540
this chapter and Chapters 1517. and 1533. of the Revised Code,	33541
unless otherwise directed by the director of natural resources,	33542
shall be paid by the officer by whom collected to the director and	33543
by ~~him~~the director paid into the state treasury to the credit of	33544
the wildlife fund, which is hereby created, for the use of the	33545
division of wildlife. All moneys received from the sale of wild	33546
animals under division (J) of section 1531.06 shall be paid into	33547
the state treasury to the credit of the wildlife fund for the use	33548
of the division. All moneys collected as license fees on nets in	33549
the Lake Erie fishing district shall be paid by the director into	33550
the state treasury to the credit of the wildlife fund for use only	33551
in the betterment and the propagation of fish therein or in	33552
otherwise propagating fish in such district. All investment	33553
earnings of the fund shall be credited to the fund. The wildlife	33554
fund shall not be used for compensation of personnel employed by	33555
other divisions of the department of natural resources who are	33556
assigned to law enforcement duties in aid of the division of	33557
wildlife or for compensation of division of wildlife personnel for	33558
activities related to the instruction of personnel of other	33559
divisions.	33560

Sec. 1541.50. (A) There is hereby created the state	33561
recreational vehicle fund advisory board consisting of nine	33562
members. Not later than sixty days after the effective date of	33563
this section, the director of natural resources shall appoint all	33564
of the following members to the board:	33565

(1) Two members shall represent snowmobile users;

33566

(2) Two members shall represent all-purpose vehicle users;

33567

(3) Two members shall represent off-highway motorcycle users;

33568

(4) One member shall represent full-size four wheel drive	33569
users;	33570

(5) Two members shall represent power sport dealers.

33571

Of the initial appointments to the board, three shall serve	33572
for a one-year term, three shall serve for a two-year term, and	33573
three shall serve for a three-year term. Thereafter, terms of	33574
office shall be for three years, with each term ending on the same	33575
day of the same month as did the term that it succeeds. Each	33576
member shall hold office from the date of appointment until the	33577
end of the term for which the member was appointed.	33578

(B) Members may be reappointed. Any member appointed to fill	33579
a vacancy occurring prior to the expiration date of the term for	33580
which the member was appointed shall serve for the remainder of	33581
that term. A member shall continue to serve subsequent to the	33582
expiration date of the member's term until the member's successor	33583
takes office or until a period of sixty days has elapsed,	33584
whichever occurs first.	33585

(C) The state recreational vehicle fund advisory board shall	33586
advise with and make recommendations to the department of natural	33587
resources regarding the use of state recreational vehicle fund	33588
money and the department shall give primary consideration to the	33589
board's advice and recommendations.	33590

(D) Serving as a member of the board does not constitute	33591
holding a public office or position of employment under the laws	33592
of this state and does not constitute grounds for removal of	33593
public officers or employees from their offices or positions of	33594
employment.	33595

(E) A board member shall be reimbursed for actual and	33596
necessary expenses incurred in the discharge of duties as a board	33597
member.	33598

Sec. 1545.071. ~~The following applies until the department of~~	33599
~~administrative services implements for park districts the health~~	33600
~~care plans under section 9.901 of the Revised Code. If those plans~~	33601
~~do not include or address any benefits listed in this section, the~~	33602
~~following provisions continue in effect for those benefits.~~	33603

The board of park commissioners of any park district may	33604
procure and pay all or any part of the cost of group insurance	33605
policies that may provide benefits for hospitalization, surgical	33606
care, major medical care, disability, dental care, eye care,	33607
medical care, hearing aids, or prescription drugs, or sickness and	33608
accident insurance or a combination of any of the foregoing types	33609
of insurance or coverage for park district officers and employees	33610
and their immediate dependents issued by an insurance company duly	33611
authorized to do business in this state.	33612

The board may procure and pay all or any part of the cost of	33613
group life insurance to insure the lives of park district	33614
employees.	33615

The board also may contract for group health care services	33616
with health insuring corporations holding a certificate of	33617
authority under Chapter 1751. of the Revised Code provided that	33618
each officer or employee is permitted to:	33619

(A) Choose between a plan offered by an insurance company and	33620
a plan offered by a health insuring corporation and provided	33621
further that the officer or employee pays any amount by which the	33622
cost of the plan chosen by the officer or employee exceeds the	33623
cost of the plan offered by the board under this section;	33624

(B) Change the choice made under division (A) of this section	33625
at a time each year as determined in advance by the board.	33626

Any appointed member of the board of park commissioners and	33627
the spouse and dependent children of the member may be covered, at	33628
the option and expense of the member, as a noncompensated employee	33629
of the park district under any benefit plan described in division	33630
(A) of this section. The member shall pay to the park district the	33631
amount certified to it by the benefit provider as the provider's	33632
charge for the coverage the member has chosen under division (A)	33633
of this section. Payments for coverage shall be made, in advance,	33634
in a manner prescribed by the board. The member's exercise of an	33635
option to be covered under this section shall be in writing,	33636
announced at a regular public meeting of the board, and recorded	33637
as a public record in the minutes of the board.	33638

The board may provide the benefits authorized in this section	33639
by contributing to a health and welfare trust fund administered	33640
through or in conjunction with a collective bargaining	33641
representative of the park district employees.	33642

The board may provide the benefits described in this section	33643
through an individual self-insurance program or a joint	33644
self-insurance program as provided in section 9.833 of the Revised	33645
Code.	33646

Sec. 1545.23. If a park district enters into an agreement	33647
for the sale or lease of mineral rights regarding a park within	33648
the district, any royalties or other moneys resulting from the	33649
sale or lease shall be deposited into a special fund that the	33650
board of park commissioners shall create. The fund shall be used	33651
exclusively for maintenance of parks within the district and for	33652
the acquisition of new park lands.	33653

Sec. 1547.05. NoExcept as provided in division (A)(2) of	33654
section 1547.052 of the Revised Code, no person ~~born on or after~~	33655
~~January 1, 1982,~~under eighteen years of age shall operate on the	33656
waters in this state a powercraft powered by more than ten	33657
horsepower, and no person shall supervise a person under division	33658
(A) of section 1547.06 of the Revised Code, unless the operator or	33659
supervisor successfully has completed either a safe boater course	33660
approved by the national association of state boating law	33661
administrators or a proctored or nonproctored proficiency	33662
examination that tests knowledge of information included in the	33663
curriculum of such a course, and has received a certificate as	33664
evidence of successful completion of the course or examination.	33665

No person shall permit a powercraft to be operated on the	33666
waters in this state in violation of this section.	33667

Sec. 1547.051. A person ~~born on or after January 1, 1982,~~	33668
under eighteen years of age who is operating on the waters in this	33669
state a powercraft powered by more than ten horsepower or a person	33670
who is supervising a person under division (A) of section 1547.06	33671
of the Revised Code and who is stopped by a law enforcement	33672
officer in the enforcement of ~~Chapter 1547. of the Revised Code~~	33673
this chapter or rules adopted under it shall present to the law	33674
enforcement officer, not later than seventy-two hours after being	33675
stopped, a certificate obtained by the person pursuant to section	33676
1547.05 of the Revised Code prior to being stopped or proof of	33677
holding such a certificate. Failure of the person to present the	33678
certificate or proof of holding it within seventy-two hours	33679
constitutes ~~prima-facie~~prima facie evidence of a violation of	33680
section 1547.05 of the Revised Code.	33681

Sec. 1547.052. (A) No rental business shall lease, hire, or	33682
rent a powercraft powered by more than ten horsepower for	33683
operation on the waters in this state to a person ~~born on or after~~	33684
~~January 1, 1982~~under eighteen years of age, or to a person who	33685
will be supervising a person under division (A) of section 1547.06	33686
of the Revised Code, unless the person to whom the powercraft will	33687
be leased, hired, or rented meets one of the following	33688
requirements:	33689

(1) The person signs a statement on the rental agreement or	33690
attached to the rental agreement that the person has successfully	33691
completed a safe boater course approved by the national	33692
association of state boating law administrators or has	33693
successfully completed a proficiency examination as provided in	33694
section 1547.05 of the Revised Code.	33695

(2) The person receives educational materials from the rental	33696
business and successfully passes, with a score of ninety per cent	33697
or better, an abbreviated examination given by the rental	33698
business. The achievement of a passing score on the examination	33699
shall be indicated on or attached to the powercraft rental	33700
agreement.	33701

(B) Any person ~~born on or after January 1, 1982,~~under	33702
eighteen years of age operating a leased, hired, or rented	33703
powercraft or supervising the operation of a leased, hired, or	33704
rented powercraft under division (A) of section 1547.06 of the	33705
Revised Code shall:	33706

(1) Meet the requirements for boater education of division	33707
(A) of this section.;	33708

(2) Be named as an operator on the agreement that leases,	33709
hires, or rents the powercraft.	33710

(C) The division of watercraft shall make available to all	33711
watercraft rental businesses in Ohio boater safety educational	33712
materials and an abbreviated examination that shall be used by the	33713
watercraft rental business for the purposes of division (A)(2) of	33714
this section.	33715

Sec. 1547.06. (A) ~~Except as otherwise provided in this~~	33716
~~division, no~~(1) No person under ~~sixteen~~twelve years of age shall	33717
operate a personal watercraft on the waters in this state. A	33718

(2) A person who is not less than twelve, nor more than	33719
fifteen years of age may operate a personal watercraft if a	33720
supervising person eighteen years of age or older is aboard the	33721
personal watercraft and~~, in the case of a supervising person born~~	33722
meets one of the following requirements:	33723

(a) Was born before January 1, 1982;

33724

(b) Was born on or after January 1, 1982, ~~if the supervising~~	33725
~~person~~and holds a certificate obtained under section 1547.05 of	33726
the Revised Code ~~or, in~~;	33727

(c) In the case of a rented powercraft, meets the	33728
requirements of section 1547.052 of the Revised Code.	33729

(B) No person under twelve years of age shall operate any	33730
vessel on the waters in this state unless the person is under the	33731
direct visual and audible supervision, during the operation, of a	33732
person who is eighteen years of age or older. This division does	33733
not apply to a personal watercraft, which shall be governed by	33734
division (A) of this section, or to a powercraft, other than a	33735
personal watercraft, powered by more than ten horsepower, which	33736
shall be governed by division (C) of this section.	33737

(C) No person under twelve years of age shall operate on the	33738
waters in this state a powercraft, other than a personal	33739
watercraft, powered by more than ten horsepower unless the person	33740
is under the direct visual and audible supervision, during the	33741
operation, of a person eighteen years of age or older who is	33742
aboard the powercraft ~~and, in the case of such a supervising~~	33743
~~person born on or after January 1, 1982, who holds a certificate~~	33744
~~obtained under section 1547.05 of the Revised Code or, in the case~~	33745
~~of a rented powercraft, meets the requirements of section 1547.052~~	33746
~~of the Revised Code~~.	33747

(D) No supervising person eighteen years of age or older	33748
shall permit any person who is under the supervising person's	33749
supervision and who is operating a vessel on the waters in this	33750
state to violate any section of this chapter or a rule adopted	33751
under it.	33752

Sec. 1547.532. (A) All of the following are exempt from	33753
registration under this chapter:	33754

(1) Sailboards;

33755

(2) Kiteboards;

33756

(3) Paddleboards;

33757

(4) Belly boats or float tubes.

33758

(B) As used in this section:

33759

(1) "Belly boat" or "float tube" means a vessel that is	33760
inflatable, propelled solely by human muscular effort without	33761
using an oar, paddle, or pole, and designed to accommodate a	33762
single individual as an operator in such a manner that the	33763
operator remains partially submerged in the water.	33764

(2) "Kiteboard" means a recreational vessel that is	33765
inherently buoyant, has no cockpit, and is operated by an	33766
individual who is standing on the vessel while using a kite as a	33767
means of propulsion and lift.	33768

(3) "Paddleboard" means a recreational vessel that is	33769
inherently buoyant, is propelled by human muscular effort using a	33770
pole or single- or double-bladed paddle, and is operated by an	33771
individual who is kneeling, standing, or lying on the vessel.	33772

(4) "Sailboard" means a recreational vessel that is	33773
inherently buoyant, has no cockpit, has a single sail mounted on a	33774
mast that is connected to the vessel by a free-rotating, flexible	33775
joint, and is operated by an individual who is standing on the	33776
vessel.	33777

Sec. 1547.542. (A) Any person or organization owning any	33778
number of canoes, rowboats, inflatable watercraft, or sailboats	33779
for the purpose of rental to the public may apply with the chief	33780
of the division of watercraft for and receive an annual	33781
certificate of livery registration. No watercraft shall be rented	33782
to the public from a livery or other place of business in this	33783
state unless it first has been numbered and registered in	33784
accordance with this section or section 1547.54 of the Revised	33785
Code. Certificates of livery registration shall be issued by an	33786
authorized agent who is selected by the chief from among those	33787
designated under section 1547.54 of the Revised Code. The	33788
certificate shall display ~~the~~all of the following:	33789

(1) The name of the owner of the livery~~, the~~;

33790

(2) The date of issuance~~, the~~;

33791

(3) The date of expiration~~, the~~;

33792

(4) The number of watercraft registered~~, the~~;

33793

(5) The fee paid~~, an~~;

33794

(6) An authorized facsimile of the signature of the chief	33795
provided by the authorized agent who is selected to issue the	33796
certificate~~, and the~~;	33797

(7) The signature of the livery owner~~. The certificate shall~~	33798
~~bear the~~;	33799

(8) The livery watercraft registration number assigned to the	33800
livery owner~~, which shall be displayed in accordance with section~~	33801
~~1547.57 of the Revised Code on each watercraft in the fleet for~~	33802
~~which the certificate was issued~~. ~~The~~	33803

The owner of the livery shall be issued a tag for each	33804
watercraft that has been registered in accordance with this	33805
section. The tag shall be affixed to each such watercraft in	33806
accordance with this section prior to the watercraft's being	33807
rented to the public. The chief shall prescribe the content and	33808
form of the tag in rules adopted under section 1547.52 of the	33809
Revised Code.	33810

The owner of a livery shall obtain an amended certificate of	33811
livery registration from the chief whenever the composition of the	33812
fleet changes.	33813

(B) Not later than March 15, 2015, the owner of a livery	33814
shall identify each watercraft in the fleet for which a	33815
certificate of registration has been issued under this section in	33816
one of the following ways:	33817

(1) By displaying the livery watercraft registration number	33818
assigned to the livery owner on the forward half of both sides of	33819
the watercraft in block characters that are of a single color that	33820
contrasts with the color of the hull and are at least three inches	33821
in height. The livery watercraft registration number shall be	33822
displayed in such a manner that the number is visible under normal	33823
operating conditions. In addition, the tag that has been issued to	33824
the watercraft under this section shall be placed not more than	33825
six inches from the livery watercraft registration number on the	33826
port side of the watercraft.	33827

(2) By displaying the livery name on the rear half of the	33828
watercraft in such a manner that it is clearly visible under	33829
normal operating conditions. If there is insufficient space or it	33830
is impractical to display the livery name on the sides of the	33831
watercraft, the livery name may be displayed on the rear half of	33832
the watercraft's deck, provided that the display of the name does	33833
not interfere with the placement of the tag that has been issued	33834
to the watercraft. In addition, the tag shall be placed in one of	33835
the following locations:	33836

(a) In the upper right corner of the transom so that the tag	33837
does not interfere with the legibility of the hull identification	33838
number of the watercraft;	33839

(b) Six inches from the stern on the outside of the	33840
watercraft below the port side gunwale;	33841

(c) On the inside of the watercraft on the upper portion of	33842
the starboard side gunwale so that the tag is visible from the	33843
port side of the watercraft;	33844

(d) On a deck on the rear half of the watercraft.

33845

For purposes of division (B) of this section, each watercraft	33846
in a livery fleet shall be identified in a uniform and consistent	33847
manner.	33848

(C) The fee for each watercraft registered under this section	33849
shall be an annual registration fee. The fee shall be one-third of	33850
the triennial registration fees prescribed in section 1547.54 of	33851
the Revised Code. However, if the size of the fleet does not	33852
increase, the fee for an amended certificate of livery	33853
registration shall be the fee prescribed for issuing a duplicate	33854
registration certificate under section 1547.54 of the Revised	33855
Code, and the chief shall not refund to the livery owner all or	33856
any portion of an annual registration fee applicable to a	33857
watercraft transferred or abandoned by the livery owner. If the	33858
size of the fleet increases, the livery owner shall be required to	33859
pay the applicable annual registration fee for each watercraft	33860
registered under an amended certificate of livery registration	33861
that is in excess of the number of watercraft contained in the	33862
annual certificate of livery registration.	33863

In addition to the fees established in this section,	33864
watercraft that are not powercraft shall be charged a waterways	33865
conservation assessment fee. The fee shall be collected at the	33866
time of the issuance of an annual livery registration under this	33867
section and shall be one dollar and fifty cents for each	33868
watercraft included in the registration. The fee shall be	33869
deposited in the state treasury and credited to a distinct account	33870
in the waterways safety fund created in section 1547.75 of the	33871
Revised Code.	33872

(D) The certificate of livery registration, rental ~~receipts~~	33873
agreements, and required safety equipment are subject to	33874
inspection at any time at the livery's place of business by any	33875
authorized representative of the division of watercraft or any law	33876
enforcement officer in accordance with section 1547.63 of the	33877
Revised Code.	33878

(E) Except as provided in this section, all watercraft	33879
registered under this section are subject to this chapter and	33880
Chapter 1548. of the Revised Code.	33881

(F) The chief may issue an order temporarily ~~or permanently~~	33882
restricting or suspending a livery certificate of registration and	33883
the privileges associated with it without a hearing if the chief	33884
finds that the holder of the certificate has violated this	33885
chapter.	33886

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	33887
Revised Code is guilty of a felony of the fourth degree.	33888

(B) Whoever violates division (F) of section 1547.08, section	33889
1547.10, division (I) of section 1547.111, section 1547.13, or	33890
section 1547.66 of the Revised Code is guilty of a misdemeanor of	33891
the first degree.	33892

(C) Whoever violates a provision of this chapter or a rule	33893
adopted thereunder, for which no penalty is otherwise provided, is	33894
guilty of a minor misdemeanor.	33895

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	33896
the Revised Code without causing injury to persons or damage to	33897
property is guilty of a misdemeanor of the fourth degree.	33898

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	33899
the Revised Code causing injury to persons or damage to property	33900
is guilty of a misdemeanor of the third degree.	33901

(F) Whoever violates division (N) of section 1547.54,	33902
division (G) of section 1547.30, or section 1547.131, 1547.25,	33903
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	33904
of the Revised Code or a rule adopted under division (A)(2) of	33905
section 1547.52 of the Revised Code is guilty of a misdemeanor of	33906
the fourth degree.	33907

(G) Whoever violates section 1547.11 of the Revised Code is	33908
guilty of a misdemeanor of the first degree and shall be punished	33909
as provided in division (G)(1), (2), or (3) of this section.	33910

(1) Except as otherwise provided in division (G)(2) or (3) of	33911
this section, the court shall sentence the offender to a jail term	33912
of three consecutive days and may sentence the offender pursuant	33913
to section 2929.24 of the Revised Code to a longer jail term. In	33914
addition, the court shall impose upon the offender a fine of not	33915
less than one hundred fifty nor more than one thousand dollars.	33916

The court may suspend the execution of the mandatory jail	33917
term of three consecutive days that it is required to impose by	33918
division (G)(1) of this section if the court, in lieu of the	33919
suspended jail term, places the offender under a community control	33920
sanction pursuant to section 2929.25 of the Revised Code and	33921
requires the offender to attend, for three consecutive days, a	33922
drivers' intervention program that is certified pursuant to	33923
section ~~3793.10~~5119.38 of the Revised Code. The court also may	33924
suspend the execution of any part of the mandatory jail term of	33925
three consecutive days that it is required to impose by division	33926
(G)(1) of this section if the court places the offender under a	33927
community control sanction pursuant to section 2929.25 of the	33928
Revised Code for part of the three consecutive days; requires the	33929
offender to attend, for that part of the three consecutive days, a	33930
drivers' intervention program that is certified pursuant to	33931
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	33932
offender to a jail term equal to the remainder of the three	33933
consecutive days that the offender does not spend attending the	33934
drivers' intervention program. The court may require the offender,	33935
as a condition of community control, to attend and satisfactorily	33936
complete any treatment or education programs, in addition to the	33937
required attendance at a drivers' intervention program, that the	33938
operators of the drivers' intervention program determine that the	33939
offender should attend and to report periodically to the court on	33940
the offender's progress in the programs. The court also may impose	33941
any other conditions of community control on the offender that it	33942
considers necessary.	33943

(2) If, within six years of the offense, the offender has	33944
been convicted of or pleaded guilty to one violation of section	33945
1547.11 of the Revised Code or one other equivalent offense, the	33946
court shall sentence the offender to a jail term of ten	33947
consecutive days and may sentence the offender pursuant to section	33948
2929.24 of the Revised Code to a longer jail term. In addition,	33949
the court shall impose upon the offender a fine of not less than	33950
one hundred fifty nor more than one thousand dollars.	33951

In addition to any other sentence that it imposes upon the	33952
offender, the court may require the offender to attend a drivers'	33953
intervention program that is certified pursuant to section ~~3793.10~~	33954
5119.38 of the Revised Code.	33955

(3) If, within six years of the offense, the offender has	33956
been convicted of or pleaded guilty to more than one violation or	33957
offense identified in division (G)(2) of this section, the court	33958
shall sentence the offender to a jail term of thirty consecutive	33959
days and may sentence the offender to a longer jail term of not	33960
more than one year. In addition, the court shall impose upon the	33961
offender a fine of not less than one hundred fifty nor more than	33962
one thousand dollars.	33963

In addition to any other sentence that it imposes upon the	33964
offender, the court may require the offender to attend a drivers'	33965
intervention program that is certified pursuant to section ~~3793.10~~	33966
5119.38 of the Revised Code.	33967

(4) Upon a showing that serving a jail term would seriously	33968
affect the ability of an offender sentenced pursuant to division	33969
(G)(1), (2), or (3) of this section to continue the offender's	33970
employment, the court may authorize that the offender be granted	33971
work release after the offender has served the mandatory jail term	33972
of three, ten, or thirty consecutive days that the court is	33973
required by division (G)(1), (2), or (3) of this section to	33974
impose. No court shall authorize work release during the mandatory	33975
jail term of three, ten, or thirty consecutive days that the court	33976
is required by division (G)(1), (2), or (3) of this section to	33977
impose. The duration of the work release shall not exceed the time	33978
necessary each day for the offender to commute to and from the	33979
place of employment and the place in which the jail term is served	33980
and the time actually spent under employment.	33981

(5) Notwithstanding any section of the Revised Code that	33982
authorizes the suspension of the imposition or execution of a	33983
sentence or the placement of an offender in any treatment program	33984
in lieu of being imprisoned or serving a jail term, no court shall	33985
suspend the mandatory jail term of ten or thirty consecutive days	33986
required to be imposed by division (G)(2) or (3) of this section	33987
or place an offender who is sentenced pursuant to division (G)(2)	33988
or (3) of this section in any treatment program in lieu of being	33989
imprisoned or serving a jail term until after the offender has	33990
served the mandatory jail term of ten or thirty consecutive days	33991
required to be imposed pursuant to division (G)(2) or (3) of this	33992
section. Notwithstanding any section of the Revised Code that	33993
authorizes the suspension of the imposition or execution of a	33994
sentence or the placement of an offender in any treatment program	33995
in lieu of being imprisoned or serving a jail term, no court,	33996
except as specifically authorized by division (G)(1) of this	33997
section, shall suspend the mandatory jail term of three	33998
consecutive days required to be imposed by division (G)(1) of this	33999
section or place an offender who is sentenced pursuant to division	34000
(G)(1) of this section in any treatment program in lieu of	34001
imprisonment until after the offender has served the mandatory	34002
jail term of three consecutive days required to be imposed	34003
pursuant to division (G)(1) of this section.	34004

(6) As used in division (G) of this section:

34005

(a) "Equivalent offense" has the same meaning as in section	34006
4511.181 of the Revised Code.	34007

(b) "Jail term" and "mandatory jail term" have the same	34008
meanings as in section 2929.01 of the Revised Code.	34009

(H) Whoever violates section 1547.304 of the Revised Code is	34010
guilty of a misdemeanor of the fourth degree and also shall be	34011
assessed any costs incurred by the state or a county, township,	34012
municipal corporation, or other political subdivision in disposing	34013
of an abandoned junk vessel or outboard motor, less any money	34014
accruing to the state, county, township, municipal corporation, or	34015
other political subdivision from that disposal.	34016

(I) Whoever violates division (B) or (C) of section 1547.49	34017
of the Revised Code is guilty of a minor misdemeanor.	34018

(J) Whoever violates section 1547.31 of the Revised Code is	34019
guilty of a misdemeanor of the fourth degree on a first offense.	34020
On each subsequent offense, the person is guilty of a misdemeanor	34021
of the third degree.	34022

(K) Whoever violates section 1547.05 or 1547.051 of the	34023
Revised Code is guilty of a misdemeanor of the fourth degree if	34024
the violation is not related to a collision, injury to a person,	34025
or damage to property and a misdemeanor of the third degree if the	34026
violation is related to a collision, injury to a person, or damage	34027
to property.	34028

(L) The sentencing court, in addition to the penalty provided	34029
under this section for a violation of this chapter or a rule	34030
adopted under it that involves a powercraft powered by more than	34031
ten horsepower and that, in the opinion of the court, involves a	34032
threat to the safety of persons or property, shall order the	34033
offender to complete successfully a boating course approved by the	34034
national association of state boating law administrators before	34035
the offender is allowed to operate a powercraft powered by more	34036
than ten horsepower on the waters in this state. Violation of a	34037
court order entered under this division is punishable as contempt	34038
under Chapter 2705. of the Revised Code.	34039

Sec. 1548.02. The chief of the division of watercraft shall	34040
adopt such rules as the chief considers necessary to ensure	34041
uniform and orderly operation of this chapter, and the clerks of	34042
the courts of common pleas shall conform to those rules. The chief	34043
shall receive and file in the chief's office all information	34044
forwarded to the chief by the clerks under this chapter and shall	34045
maintain indexes covering the state at large for that information.	34046
These indexes shall be for the state at large and not for	34047
individual counties.	34048

The chief shall check with the chief's record all duplicate	34049
certificates of title received in the chief's office from the	34050
clerks.	34051

If it appears that any certificate of title has been	34052
improperly issued or is no longer required, the chief shall cancel	34053
the certificate. Upon the cancellation of any certificate of	34054
title, the chief shall notify the clerk who issued it, and the	34055
clerk shall enter the cancellation in the clerk's records. The	34056
chief also shall notify the person to whom the certificate of	34057
title was issued, as well as any lienholders appearing on it, of	34058
the cancellation and, if it is a physical certificate of title,	34059
shall demand the surrender of the certificate of title, but the	34060
cancellation shall not affect the validity of any lien noted on	34061
it. The holder of a physical certificate of title shall return it	34062
to the chief immediately.	34063

The clerks shall keep on hand a sufficient supply of blank	34064
forms that, except certificate of title and memorandum certificate	34065
forms, shall be furnished and distributed without charge to	34066
registered manufacturers or dealers or to other persons residing	34067
within the county. The clerks shall provide the certificates of	34068
title~~, the~~and ribbons, cartridges, or other devices necessary for	34069
~~data~~the operation of the certificate of title processing~~, and~~	34070
~~removable backup media~~equipment as determined by the automated	34071
title processing board pursuant to division (C) of section 4505.09	34072
of the Revised Code from moneys provided to the clerks from the	34073
automated title processing fund in accordance with division	34074
(B)~~(3)(b)~~ of section 4505.09 of the Revised Code. The clerks shall	34075
furnish all other supplies from other moneys available to the	34076
clerks.	34077

Sec. 1551.33. (A) The director of development services shall	34078
appoint and fix the compensation of the director of the Ohio coal	34079
development office. The director shall serve at the pleasure of	34080
the director of development services.	34081

(B) The director of the office shall do all of the following:

34082

(1) Biennially prepare and maintain the Ohio coal development	34083
agenda required under section 1551.34 of the Revised Code;	34084

(2) Propose and support policies for the office consistent	34085
with the Ohio coal development agenda and develop means to	34086
implement the agenda;	34087

(3) Initiate, undertake, and support projects to carry out	34088
the office's purposes and ensure that the projects are consistent	34089
with and meet the selection criteria established by the Ohio coal	34090
development agenda;	34091

(4) Actively encourage joint participation in and, when	34092
feasible, joint funding of the office's projects with governmental	34093
agencies, electric utilities, universities and colleges, other	34094
public or private interests, or any other person;	34095

(5) Establish a table of organization for and employ such	34096
employees and agents as are necessary for the administration and	34097
operation of the office. Any such employees shall be in the	34098
unclassified service and shall serve at the pleasure of the	34099
director of development services.	34100

(6) ~~Appoint specified members of and convene~~Convene the	34101
technical advisory committee established under section 1551.35 of	34102
the Revised Code;	34103

(7) Review, with the assistance of the technical advisory	34104
committee, proposed coal research and development projects as	34105
defined in section 1555.01 of the Revised Code, and coal	34106
development projects, submitted to the office by public utilities	34107
for the purpose of section 4905.304 of the Revised Code. If the	34108
director and the advisory committee determine that any such	34109
facility or project has as its purpose the enhanced use of Ohio	34110
coal in an environmentally acceptable, cost effective manner,	34111
promotes energy conservation, is cost effective, and is	34112
environmentally sound, the director shall submit to the public	34113
utilities commission a report recommending that the commission	34114
allow the recovery of costs associated with the facility or	34115
project under section 4905.304 of the Revised Code and including	34116
the reasons for the recommendation.	34117

(8) Establish such policies, procedures, and guidelines as	34118
are necessary to achieve the office's purposes.	34119

(C) With the approval of the director of development	34120
services, the director of the office may exercise any of the	34121
powers and duties that the director of development services	34122
considers appropriate or desirable to achieve the office's	34123
purposes, including, but not limited to, the powers and duties	34124
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	34125
Revised Code.	34126

Additionally, the director of the office may make loans to	34127
governmental agencies or persons for projects to carry out the	34128
office's purposes. Fees, charges, rates of interest, times of	34129
payment of interest and principal, and other terms, conditions,	34130
and provisions of the loans shall be such as the director of the	34131
office determines to be appropriate and in furtherance of the	34132
purposes for which the loans are made. The mortgage lien securing	34133
any moneys lent by the director of the office may be subordinate	34134
to the mortgage lien securing any moneys lent or invested by a	34135
financial institution, but shall be superior to that securing any	34136
moneys lent or expended by any other person. The moneys used in	34137
making the loans shall be disbursed upon order of the director of	34138
the office.	34139

Sec. 1551.35. (A) There is hereby established a technical	34140
advisory committee to assist the director of the Ohio coal	34141
development office in achieving the office's purposes. The	34142
director of development services shall appoint to the committee	34143
one member of the public utilities commission and one	34144
representative each of coal production companies, the united mine	34145
workers of America, electric utilities, manufacturers that use	34146
Ohio coal, and environmental organizations, as well as two people	34147
with a background in coal research and development technology, one	34148
of whom is employed at the time of the member's appointment by a	34149
state university, as defined in section 3345.011 of the Revised	34150
Code. In addition, the committee shall include four legislative	34151
members. The speaker and minority leader of the house of	34152
representatives each shall appoint one member of the house of	34153
representatives, and the president and minority leader of the	34154
senate each shall appoint one member of the senate, to the	34155
committee. The director of environmental protection shall serve on	34156
the committee as an ex officio member. Any member of the committee	34157
may designate in writing a substitute to serve in the member's	34158
absence on the committee. The director of environmental protection	34159
may designate in writing the chief of the air pollution control	34160
division of the agency to represent the agency. Members shall	34161
serve on the committee at the pleasure of their appointing	34162
authority. Members of the committee appointed by the director of	34163
~~the office~~development services and, notwithstanding section	34164
101.26 of the Revised Code, legislative members of the committee,	34165
when engaged in their official duties as members of the committee,	34166
shall be compensated on a per diem basis in accordance with	34167
division (J) of section 124.15 of the Revised Code, except that	34168
the member of the public utilities commission and, while employed	34169
by a state university, the member with a background in coal	34170
research, shall not be so compensated. Members shall receive their	34171
actual and necessary expenses incurred in the performance of their	34172
duties.	34173

(B) The technical advisory committee shall review and make	34174
recommendations concerning the Ohio coal development agenda	34175
required under section 1551.34 of the Revised Code, project	34176
proposals, research and development projects submitted to the	34177
office by public utilities for the purpose of section 4905.304 of	34178
the Revised Code, proposals for grants, loans, and loan guarantees	34179
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	34180
and such other topics as the director of the office considers	34181
appropriate.	34182

(C) The technical advisory committee may hold an executive	34183
session at any regular or special meeting for the purpose of	34184
considering research and development project proposals or	34185
applications for assistance submitted to the Ohio coal development	34186
office under section 1551.33, or sections 1555.01 to 1555.06, of	34187
the Revised Code, to the extent that the proposals or applications	34188
consist of trade secrets or other proprietary information.	34189

Any materials or data submitted to, made available to, or	34190
received by the ~~department of~~ development services agency or the	34191
director of the Ohio coal development office in connection with	34192
agreements for assistance entered into under this chapter or	34193
Chapter 1555. of the Revised Code, or any information taken from	34194
those materials or data for any purpose, to the extent that the	34195
materials or data consist of trade secrets or other proprietary	34196
information, are not public records for the purposes of section	34197
149.43 of the Revised Code.	34198

As used in this division, "trade secrets" has the same	34199
meaning as in section 1333.61 of the Revised Code.	34200

Sec. 1555.15. There is hereby created in the state treasury	34201
the coal research and development fund. Moneys obtained for coal	34202
research and development projects from federal grants or loans,	34203
private grants, and other sources, and moneys paid into the fund	34204
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	34205
be expended for the purpose of making grants and making or	34206
guaranteeing loans for coal research and development projects that	34207
will encourage the use of Ohio coal, to any individual,	34208
association, or corporation doing business in this state, or to	34209
any educational or scientific institution located in this state as	34210
provided for in Section 15 of Article VIII, Ohio Constitution and	34211
section 1555.08 of the Revised Code, when appropriated for such	34212
purposes by the general assembly. All investment earnings on the	34213
cash balance in the fund shall be credited to the fund.	34214

The director of budget and management shall establish and	34215
maintain records or accounts for or within the coal research and	34216
development fund in such manner as to show the amounts credited to	34217
such fund pursuant to section 1555.08 of the Revised Code and that	34218
the amounts so credited have been expended for the purposes set	34219
forth in Section 15 of Article VIII, Ohio Constitution, and	34220
section 151.07 of the Revised Code. The director of budget and	34221
management may otherwise manage the fund to comply with any	34222
requirements established by federal grants or loans, private	34223
grants, or moneys from other sources.	34224

Sec. 1711.07. The board of directors of a county or	34225
independent agricultural society shall consist of at least eight	34226
members. An employee of the ~~Ohio state university~~OSU extension	34227
~~service~~ and the county school superintendent shall be members ex	34228
officio. Their terms of office shall be determined by the rules of	34229
the department of agriculture. Any vacancy in the board caused by	34230
death, resignation, refusal to qualify, removal from county, or	34231
other cause may be filled by the board until the society's next	34232
annual election, when a director shall be elected for the	34233
unexpired term. There shall be an annual election of directors by	34234
ballot at a time and a place fixed by the board, but this election	34235
shall not be held later than the first Saturday in December 1994,	34236
and not later than the fifteenth day of November each year	34237
thereafter, beginning in 1995. The secretary of the society shall	34238
give notice of ~~such~~the election, for three weeks prior to the	34239
holding thereof, in a newspaper of general circulation in the	34240
county or as provided in section 7.16 of the Revised Code, or by	34241
letter mailed to each member of the society. Only persons holding	34242
membership certificates at the close of the annual county fair, or	34243
at least fifteen calendar days before the date of election, as may	34244
be fixed by the board, may vote, unless ~~such~~the election is held	34245
on the fairground during the fair, in which case all persons	34246
holding membership certificates on the date and hour of the	34247
election may vote. When the election is to be held during the	34248
fair, notice of ~~such~~the election ~~must~~shall be prominently	34249
mentioned in the premium list, in addition to the notice required	34250
in a newspaper. The terms of office of the retiring directors	34251
shall expire, and those of the directors-elect shall begin, not	34252
later than the first Saturday in January 1995, and not later than	34253
the thirtieth day of November each year thereafter, beginning in	34254
1995.	34255

The secretary of ~~such~~the society shall send the name and	34256
address of each member of its board to the director of agriculture	34257
within ten days after the election.	34258

Sec. 1721.10. ~~Lands~~Except as otherwise provided in this	34259
section, lands appropriated and set apart as burial grounds,	34260
either for public or for private use, and recorded or filed as	34261
such in the office of the county recorder of the county where they	34262
are situated, and any burial ground that has been used as such for	34263
fifteen years are exempt from sale on execution on a judgment,	34264
taxation, dower, and compulsory partition; but land appropriated	34265
and set apart as a private burial ground is not so exempt if it	34266
exceeds in value the sum of fifty dollars.	34267

The lien for taxes against such burial grounds may be	34268
enforced in the same manner prescribed for abandoned lands under	34269
sections 323.65 to 323.79 of the Revised Code except that the	34270
burial ground may be transferred only to a municipal corporation,	34271
county, or township under division (D) of section 323.74 of the	34272
Revised Code. No burial ground that is otherwise exempt from sale	34273
or execution under this section shall be offered for sale at	34274
public auction.	34275

Sec. 1724.03. (A) After the articles of incorporation have	34276
been filed, and at the first meeting of the board of directors of	34277
a county land reutilization corporation, the board shall adopt	34278
regulations for the government of the corporation, the conduct of	34279
its affairs, and the management of its property, consistent with	34280
law and the articles. The content of the regulations shall be	34281
governed by section 1702.11 of the Revised Code to the extent not	34282
inconsistent with this chapter.	34283

(B) The board of directors of a county land reutilization	34284
corporation shall be composed of five, seven, or nine members,	34285
including the county treasurer, at least two of the members of the	34286
board of county commissioners, one representative of the largest	34287
municipal corporation, based on the population according to the	34288
most recent federal decennial census, that is located in the	34289
county, one representative of a township with a population of at	34290
least ten thousand in the unincorporated area of the township	34291
according to the most recent federal decennial census, if at least	34292
two such townships exist in the county, and any remaining members	34293
selected by the treasurer and the county commissioners who are	34294
members of the corporation's board. The township representative	34295
shall be chosen by a majority of the boards of township trustees	34296
of townships with a population of at least ten thousand in the	34297
unincorporated area of the township according to the most recent	34298
federal decennial census. At least one board member shall have	34299
private sector or nonprofit experience in rehabilitation or real	34300
estate acquisitions. A county treasurer and the county	34301
commissioners each may appoint a representative, as a director of	34302
the corporation, to act for the officer at any of the meetings of	34303
the corporation. Except as may otherwise be authorized by the	34304
regulations of the corporation, all members of the board of	34305
directors shall serve without compensation, but shall be	34306
reimbursed for actual and necessary expenses.	34307

Sec. 1739.061. (A)(1) This section applies to both of the	34308
following:	34309

(a) A multiple employer welfare arrangement that issues or	34310
requires the use of a standardized identification card or an	34311
electronic technology for submission and routing of prescription	34312
drug claims;	34313

(b) A person or entity that a multiple employer welfare	34314
arrangement contracts with to issue a standardized identification	34315
card or an electronic technology described in division (A)(1)(a)	34316
of this section.	34317

(2) Notwithstanding division (A)(1) of this section, this	34318
section does not apply to the issuance or required use of a	34319
standardized identification card or an electronic technology for	34320
the submission and routing of prescription drug claims in	34321
connection with any of the following:	34322

(a) Any program or arrangement covering only accident,	34323
credit, dental, disability income, long-term care, hospital	34324
indemnity, medicare supplement, medicare, tricare, specified	34325
disease, or vision care; coverage under a	34326
one-time-limited-duration policy of not longer than six months;	34327
coverage issued as a supplement to liability insurance; insurance	34328
arising out of workers' compensation or similar law; automobile	34329
medical payment insurance; or insurance under which benefits are	34330
payable with or without regard to fault and which is statutorily	34331
required to be contained in any liability insurance policy or	34332
equivalent self-insurance.	34333

(b) Coverage provided under the medicaid~~, as defined in~~	34334
~~section 5111.01 of the Revised Code~~program.	34335

(c) Coverage provided under an employer's self-insurance plan	34336
or by any of its administrators, as defined in section 3959.01 of	34337
the Revised Code, to the extent that federal law supersedes,	34338
preempts, prohibits, or otherwise precludes the application of	34339
this section to the plan and its administrators.	34340

(B) A standardized identification card or an electronic	34341
technology issued or required to be used as provided in division	34342
(A)(1) of this section shall contain uniform prescription drug	34343
information in accordance with either division (B)(1) or (2) of	34344
this section.	34345

(1) The standardized identification card or the electronic	34346
technology shall be in a format and contain information fields	34347
approved by the national council for prescription drug programs or	34348
a successor organization, as specified in the council's or	34349
successor organization's pharmacy identification card	34350
implementation guide in effect on the first day of October most	34351
immediately preceding the issuance or required use of the	34352
standardized identification card or the electronic technology.	34353

(2) If the multiple employer welfare arrangement or person	34354
under contract with it to issue a standardized identification card	34355
or an electronic technology requires the information for the	34356
submission and routing of a claim, the standardized identification	34357
card or the electronic technology shall contain any of the	34358
following information:	34359

(a) The name of the multiple employer welfare arrangement;

34360

(b) The individual's name, group number, and identification	34361
number;	34362

(c) A telephone number to inquire about pharmacy-related	34363
issues;	34364

(d) The issuer's international identification number, labeled	34365
as "ANSI BIN" or "RxBIN";	34366

(e) The processor's control number, labeled as "RxPCN";

34367

(f) The individual's pharmacy benefits group number if	34368
different from the insured's medical group number, labeled as	34369
"RxGrp."	34370

(C) If the standardized identification card or the electronic	34371
technology issued or required to be used as provided in division	34372
(A)(1) of this section is also used for submission and routing of	34373
nonpharmacy claims, the designation "Rx" is required to be	34374
included as part of the labels identified in divisions (B)(2)(d)	34375
and (e) of this section if the issuer's international	34376
identification number or the processor's control number is	34377
different for medical and pharmacy claims.	34378

(D) Each multiple employer welfare arrangement described in	34379
division (A) of this section shall annually file a certificate	34380
with the superintendent of insurance certifying that it or any	34381
person it contracts with to issue a standardized identification	34382
card or electronic technology for submission and routing of	34383
prescription drug claims complies with this section.	34384

(E)(1) Except as provided in division (E)(2) of this section,	34385
if there is a change in the information contained in the	34386
standardized identification card or the electronic technology	34387
issued to an individual, the multiple employer welfare arrangement	34388
or person under contract with it to issue a standardized	34389
identification card or an electronic technology shall issue a new	34390
card or electronic technology to the individual.	34391

(2) A multiple employer welfare arrangement or person under	34392
contract with it is not required under division (E)(1) of this	34393
section to issue a new card or electronic technology to an	34394
individual more than once during a twelve-month period.	34395

(F) Nothing in this section shall be construed as requiring a	34396
multiple employer welfare arrangement to produce more than one	34397
standardized identification card or one electronic technology for	34398
use by individuals accessing health care benefits provided under a	34399
multiple employer welfare arrangement.	34400

Sec. 1751.01. As used in this chapter:

34401

(A)(1) "Basic health care services" means the following	34402
services when medically necessary:	34403

(a) Physician's services, except when such services are	34404
supplemental under division (B) of this section;	34405

(b) Inpatient hospital services;

34406

34407

(d) Emergency health services;

34408

(e) Urgent care services;

34409

(f) Diagnostic laboratory services and diagnostic and	34410
therapeutic radiologic services;	34411

(g) Diagnostic and treatment services, other than	34412
prescription drug services, for biologically based mental	34413
illnesses;	34414

(h) Preventive health care services, including, but not	34415
limited to, voluntary family planning services, infertility	34416
services, periodic physical examinations, prenatal obstetrical	34417
care, and well-child care;	34418

(i) Routine patient care for patients enrolled in an eligible	34419
cancer clinical trial pursuant to section 3923.80 of the Revised	34420
Code.	34421

"Basic health care services" does not include experimental	34422
procedures.	34423

Except as provided by divisions (A)(2) and (3) of this	34424
section in connection with the offering of coverage for diagnostic	34425
and treatment services for biologically based mental illnesses, a	34426
health insuring corporation shall not offer coverage for a health	34427
care service, defined as a basic health care service by this	34428
division, unless it offers coverage for all listed basic health	34429
care services. However, this requirement does not apply to the	34430
coverage of beneficiaries enrolled in medicare pursuant to a	34431
medicare contract, or to the coverage of beneficiaries enrolled in	34432
the federal employee health benefits program pursuant to 5	34433
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	34434
the coverage of beneficiaries under any federal health care	34435
program regulated by a federal regulatory body, or to the coverage	34436
of beneficiaries under any contract covering officers or employees	34437
of the state that has been entered into by the department of	34438
administrative services.	34439

(2) A health insuring corporation may offer coverage for	34440
diagnostic and treatment services for biologically based mental	34441
illnesses without offering coverage for all other basic health	34442
care services. A health insuring corporation may offer coverage	34443
for diagnostic and treatment services for biologically based	34444
mental illnesses alone or in combination with one or more	34445
supplemental health care services. However, a health insuring	34446
corporation that offers coverage for any other basic health care	34447
service shall offer coverage for diagnostic and treatment services	34448
for biologically based mental illnesses in combination with the	34449
offer of coverage for all other listed basic health care services.	34450

(3) A health insuring corporation that offers coverage for	34451
basic health care services is not required to offer coverage for	34452
diagnostic and treatment services for biologically based mental	34453
illnesses in combination with the offer of coverage for all other	34454
listed basic health care services if all of the following apply:	34455

(a) The health insuring corporation submits documentation	34456
certified by an independent member of the American academy of	34457
actuaries to the superintendent of insurance showing that incurred	34458
claims for diagnostic and treatment services for biologically	34459
based mental illnesses for a period of at least six months	34460
independently caused the health insuring corporation's costs for	34461
claims and administrative expenses for the coverage of basic	34462
health care services to increase by more than one per cent per	34463
year.	34464

(b) The health insuring corporation submits a signed letter	34465
from an independent member of the American academy of actuaries to	34466
the superintendent of insurance opining that the increase in costs	34467
described in division (A)(3)(a) of this section could reasonably	34468
justify an increase of more than one per cent in the annual	34469
premiums or rates charged by the health insuring corporation for	34470
the coverage of basic health care services.	34471

(c) The superintendent of insurance makes the following	34472
determinations from the documentation and opinion submitted	34473
pursuant to divisions (A)(3)(a) and (b) of this section:	34474

(i) Incurred claims for diagnostic and treatment services for	34475
biologically based mental illnesses for a period of at least six	34476
months independently caused the health insuring corporation's	34477
costs for claims and administrative expenses for the coverage of	34478
basic health care services to increase by more than one per cent	34479
per year.	34480

(ii) The increase in costs reasonably justifies an increase	34481
of more than one per cent in the annual premiums or rates charged	34482
by the health insuring corporation for the coverage of basic	34483
health care services.	34484

Any determination made by the superintendent under this	34485
division is subject to Chapter 119. of the Revised Code.	34486

(B)(1) "Supplemental health care services" means any health	34487
care services other than basic health care services that a health	34488
insuring corporation may offer, alone or in combination with	34489
either basic health care services or other supplemental health	34490
care services, and includes:	34491

(a) Services of facilities for intermediate or long-term	34492
care, or both;	34493

(b) Dental care services;

34494

(c) Vision care and optometric services including lenses and	34495
frames;	34496

(d) Podiatric care or foot care services;

34497

(e) Mental health services, excluding diagnostic and	34498
treatment services for biologically based mental illnesses;	34499

(f) Short-term outpatient evaluative and crisis-intervention	34500
mental health services;	34501

(g) Medical or psychological treatment and referral services	34502
for alcohol and drug abuse or addiction;	34503

(h) Home health services;

34504

(i) Prescription drug services;

34505

(j) Nursing services;

34506

(k) Services of a dietitian licensed under Chapter 4759. of	34507
the Revised Code;	34508

(l) Physical therapy services;

34509

(m) Chiropractic services;

34510

(n) Any other category of services approved by the	34511
superintendent of insurance.	34512

(2) If a health insuring corporation offers prescription drug	34513
services under this division, the coverage shall include	34514
prescription drug services for the treatment of biologically based	34515
mental illnesses on the same terms and conditions as other	34516
physical diseases and disorders.	34517

(C) "Specialty health care services" means one of the	34518
supplemental health care services listed in division (B) of this	34519
section, when provided by a health insuring corporation on an	34520
outpatient-only basis and not in combination with other	34521
supplemental health care services.	34522

(D) "Biologically based mental illnesses" means	34523
schizophrenia, schizoaffective disorder, major depressive	34524
disorder, bipolar disorder, paranoia and other psychotic	34525
disorders, obsessive-compulsive disorder, and panic disorder, as	34526
these terms are defined in the most recent edition of the	34527
diagnostic and statistical manual of mental disorders published by	34528
the American psychiatric association.	34529

(E) "Closed panel plan" means a health care plan that	34530
requires enrollees to use participating providers.	34531

(F) "Compensation" means remuneration for the provision of	34532
health care services, determined on other than a fee-for-service	34533
or discounted-fee-for-service basis.	34534

(G) "Contractual periodic prepayment" means the formula for	34535
determining the premium rate for all subscribers of a health	34536
insuring corporation.	34537

(H) "Corporation" means a corporation formed under Chapter	34538
1701. or 1702. of the Revised Code or the similar laws of another	34539
state.	34540

(I) "Emergency health services" means those health care	34541
services that must be available on a seven-days-per-week,	34542
twenty-four-hours-per-day basis in order to prevent jeopardy to an	34543
enrollee's health status that would occur if such services were	34544
not received as soon as possible, and includes, where appropriate,	34545
provisions for transportation and indemnity payments or service	34546
agreements for out-of-area coverage.	34547

(J) "Enrollee" means any natural person who is entitled to	34548
receive health care benefits provided by a health insuring	34549
corporation.	34550

(K) "Evidence of coverage" means any certificate, agreement,	34551
policy, or contract issued to a subscriber that sets out the	34552
coverage and other rights to which such person is entitled under a	34553
health care plan.	34554

(L) "Health care facility" means any facility, except a	34555
health care practitioner's office, that provides preventive,	34556
diagnostic, therapeutic, acute convalescent, rehabilitation,	34557
mental health, mental retardation, intermediate care, or skilled	34558
nursing services.	34559

(M) "Health care services" means basic, supplemental, and	34560
specialty health care services.	34561

(N) "Health delivery network" means any group of providers or	34562
health care facilities, or both, or any representative thereof,	34563
that have entered into an agreement to offer health care services	34564
in a panel rather than on an individual basis.	34565

(O) "Health insuring corporation" means a corporation, as	34566
defined in division (H) of this section, that, pursuant to a	34567
policy, contract, certificate, or agreement, pays for, reimburses,	34568
or provides, delivers, arranges for, or otherwise makes available,	34569
basic health care services, supplemental health care services, or	34570
specialty health care services, or a combination of basic health	34571
care services and either supplemental health care services or	34572
specialty health care services, through either an open panel plan	34573
or a closed panel plan.	34574

"Health insuring corporation" does not include a limited	34575
liability company formed pursuant to Chapter 1705. of the Revised	34576
Code, an insurer licensed under Title XXXIX of the Revised Code if	34577
that insurer offers only open panel plans under which all	34578
providers and health care facilities participating receive their	34579
compensation directly from the insurer, a corporation formed by or	34580
on behalf of a political subdivision or a department, office, or	34581
institution of the state, or a public entity formed by or on	34582
behalf of a board of county commissioners, a county board of	34583
developmental disabilities, an alcohol and drug addiction services	34584
board, a board of alcohol, drug addiction, and mental health	34585
services, or a community mental health board, as those terms are	34586
used in Chapters 340. and 5126. of the Revised Code. Except as	34587
provided by division (D) of section 1751.02 of the Revised Code,	34588
or as otherwise provided by law, no board, commission, agency, or	34589
other entity under the control of a political subdivision may	34590
accept insurance risk in providing for health care services.	34591
However, nothing in this division shall be construed as	34592
prohibiting such entities from purchasing the services of a health	34593
insuring corporation or a third-party administrator licensed under	34594
Chapter 3959. of the Revised Code.	34595

(P) "Intermediary organization" means a health delivery	34596
network or other entity that contracts with licensed health	34597
insuring corporations or self-insured employers, or both, to	34598
provide health care services, and that enters into contractual	34599
arrangements with other entities for the provision of health care	34600
services for the purpose of fulfilling the terms of its contracts	34601
with the health insuring corporations and self-insured employers.	34602

(Q) "Intermediate care" means residential care above the	34603
level of room and board for patients who require personal	34604
assistance and health-related services, but who do not require	34605
skilled nursing care.	34606

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	34607
~~the Revised Code.~~	34608

~~(S)~~ "Medical record" means the personal information that	34609
relates to an individual's physical or mental condition, medical	34610
history, or medical treatment.	34611

~~(T) "Medicare" means the program established under Title~~	34612
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	34613
~~1395, as amended.~~	34614

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	34615
provides incentives for enrollees to use participating providers	34616
and that also allows enrollees to use providers that are not	34617
participating providers.	34618

(2) No health insuring corporation may offer an open panel	34619
plan, unless the health insuring corporation is also licensed as	34620
an insurer under Title XXXIX of the Revised Code, the health	34621
insuring corporation, on June 4, 1997, holds a certificate of	34622
authority or license to operate under Chapter 1736. or 1740. of	34623
the Revised Code, or an insurer licensed under Title XXXIX of the	34624
Revised Code is responsible for the out-of-network risk as	34625
evidenced by both an evidence of coverage filing under section	34626
1751.11 of the Revised Code and a policy and certificate filing	34627
under section 3923.02 of the Revised Code.	34628

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	34629
under section 3701.07 of the Revised Code that advocates	34630
osteopathic principles and the practice and perpetuation of	34631
osteopathic medicine by doing any of the following:	34632

(1) Maintaining a department or service of osteopathic	34633
medicine or a committee on the utilization of osteopathic	34634
principles and methods, under the supervision of an osteopathic	34635
physician;	34636

(2) Maintaining an active medical staff, the majority of	34637
which is comprised of osteopathic physicians;	34638

(3) Maintaining a medical staff executive committee that has	34639
osteopathic physicians as a majority of its members.	34640

~~(W)~~(U) "Panel" means a group of providers or health care	34641
facilities that have joined together to deliver health care	34642
services through a contractual arrangement with a health insuring	34643
corporation, employer group, or other payor.	34644

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	34645
the Revised Code, and, unless the context otherwise requires,	34646
includes any insurance company holding a certificate of authority	34647
under Title XXXIX of the Revised Code, any subsidiary and	34648
affiliate of an insurance company, and any government agency.	34649

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	34650
subscriber to a health insuring corporation. A "premium rate" does	34651
not include a one-time membership fee, an annual administrative	34652
fee, or a nominal access fee, paid to a managed health care system	34653
under which the recipient of health care services remains solely	34654
responsible for any charges accessed for those services by the	34655
provider or health care facility.	34656

~~(Z)~~(X) "Primary care provider" means a provider that is	34657
designated by a health insuring corporation to supervise,	34658
coordinate, or provide initial care or continuing care to an	34659
enrollee, and that may be required by the health insuring	34660
corporation to initiate a referral for specialty care and to	34661
maintain supervision of the health care services rendered to the	34662
enrollee.	34663

~~(AA)~~(Y) "Provider" means any natural person or partnership of	34664
natural persons who are licensed, certified, accredited, or	34665
otherwise authorized in this state to furnish health care	34666
services, or any professional association organized under Chapter	34667
1785. of the Revised Code, provided that nothing in this chapter	34668
or other provisions of law shall be construed to preclude a health	34669
insuring corporation, health care practitioner, or organized	34670
health care group associated with a health insuring corporation	34671
from employing certified nurse practitioners, certified nurse	34672
anesthetists, clinical nurse specialists, certified nurse	34673
midwives, dietitians, physician assistants, dental assistants,	34674
dental hygienists, optometric technicians, or other allied health	34675
personnel who are licensed, certified, accredited, or otherwise	34676
authorized in this state to furnish health care services.	34677

~~(BB)~~(Z) "Provider sponsored organization" means a	34678
corporation, as defined in division (H) of this section, that is	34679
at least eighty per cent owned or controlled by one or more	34680
hospitals, as defined in section 3727.01 of the Revised Code, or	34681
one or more physicians licensed to practice medicine or surgery or	34682
osteopathic medicine and surgery under Chapter 4731. of the	34683
Revised Code, or any combination of such physicians and hospitals.	34684
Such control is presumed to exist if at least eighty per cent of	34685
the voting rights or governance rights of a provider sponsored	34686
organization are directly or indirectly owned, controlled, or	34687
otherwise held by any combination of the physicians and hospitals	34688
described in this division.	34689

~~(CC)~~(AA) "Solicitation document" means the written materials	34690
provided to prospective subscribers or enrollees, or both, and	34691
used for advertising and marketing to induce enrollment in the	34692
health care plans of a health insuring corporation.	34693

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	34694
making payments to a health insuring corporation for participation	34695
in a health care plan, or an enrollee whose employment or other	34696
status is the basis of eligibility for enrollment in a health	34697
insuring corporation.	34698

~~(EE)~~(CC) "Urgent care services" means those health care	34699
services that are appropriately provided for an unforeseen	34700
condition of a kind that usually requires medical attention	34701
without delay but that does not pose a threat to the life, limb,	34702
or permanent health of the injured or ill person, and may include	34703
such health care services provided out of the health insuring	34704
corporation's approved service area pursuant to indemnity payments	34705
or service agreements.	34706

Sec. 1751.11. (A) Every subscriber of a health insuring	34707
corporation is entitled to an evidence of coverage for the health	34708
care plan under which health care benefits are provided.	34709

(B) Every subscriber of a health insuring corporation that	34710
offers basic health care services is entitled to an identification	34711
card or similar document that specifies the health insuring	34712
corporation's name as stated in its articles of incorporation, and	34713
any trade or fictitious names used by the health insuring	34714
corporation. The identification card or document shall list at	34715
least one toll-free telephone number that provides the subscriber	34716
with access, to information on a twenty-four-hours-per-day,	34717
seven-days-per-week basis, as to how health care services may be	34718
obtained. The identification card or document shall also list at	34719
least one toll-free number that, during normal business hours,	34720
provides the subscriber with access to information on the coverage	34721
available under the subscriber's health care plan and information	34722
on the health care plan's internal and external review processes.	34723

(C) No evidence of coverage, or amendment to the evidence of	34724
coverage, shall be delivered, issued for delivery, renewed, or	34725
used, until the form of the evidence of coverage or amendment has	34726
been filed by the health insuring corporation with the	34727
superintendent of insurance. If the superintendent does not	34728
disapprove the evidence of coverage or amendment within sixty days	34729
after it is filed it shall be deemed approved, unless the	34730
superintendent sooner gives approval for the evidence of coverage	34731
or amendment. With respect to an amendment to an approved evidence	34732
of coverage, the superintendent only may disapprove provisions	34733
amended or added to the evidence of coverage. If the	34734
superintendent determines within the sixty-day period that any	34735
evidence of coverage or amendment fails to meet the requirements	34736
of this section, the superintendent shall so notify the health	34737
insuring corporation and it shall be unlawful for the health	34738
insuring corporation to use such evidence of coverage or	34739
amendment. At any time, the superintendent, upon at least thirty	34740
days' written notice to a health insuring corporation, may	34741
withdraw an approval, deemed or actual, of any evidence of	34742
coverage or amendment on any of the grounds stated in this	34743
section. Such disapproval shall be effected by a written order,	34744
which shall state the grounds for disapproval and shall be issued	34745
in accordance with Chapter 119. of the Revised Code.	34746

(D) No evidence of coverage or amendment shall be delivered,	34747
issued for delivery, renewed, or used:	34748

(1) If it contains provisions or statements that are	34749
inequitable, untrue, misleading, or deceptive;	34750

(2) Unless it contains a clear, concise, and complete	34751
statement of the following:	34752

(a) The health care services and insurance or other benefits,	34753
if any, to which an enrollee is entitled under the health care	34754
plan;	34755

(b) Any exclusions or limitations on the health care	34756
services, type of health care services, benefits, or type of	34757
benefits to be provided, including copayments and deductibles;	34758

(c) An enrollee's personal financial obligation for	34759
noncovered services;	34760

(d) Where and in what manner general information and	34761
information as to how health care services may be obtained is	34762
available, including a toll-free telephone number;	34763

(e) The premium rate with respect to individual and	34764
conversion contracts, and relevant copayment and deductible	34765
provisions with respect to all contracts. The statement of the	34766
premium rate, however, may be contained in a separate insert.	34767

(f) The method utilized by the health insuring corporation	34768
for resolving enrollee complaints;	34769

(g) The utilization review, internal review, and external	34770
review procedures established under sections 1751.77 to 1751.83	34771
and Chapter 3922. of the Revised Code.	34772

(3) Unless it provides for the continuation of an enrollee's	34773
coverage, in the event that the enrollee's coverage under the	34774
group policy, contract, certificate, or agreement terminates while	34775
the enrollee is receiving inpatient care in a hospital. This	34776
continuation of coverage shall terminate at the earliest	34777
occurrence of any of the following:	34778

(a) The enrollee's discharge from the hospital;

34779

(b) The determination by the enrollee's attending physician	34780
that inpatient care is no longer medically indicated for the	34781
enrollee; however, nothing in division (D)(3)(b) of this section	34782
precludes a health insuring corporation from engaging in	34783
utilization review as described in the evidence of coverage.	34784

(c) The enrollee's reaching the limit for contractual	34785
benefits;	34786

(d) The effective date of any new coverage.

34787

(4) Unless it contains a provision that states, in substance,	34788
that the health insuring corporation is not a member of any	34789
guaranty fund, and that in the event of the health insuring	34790
corporation's insolvency, an enrollee is protected only to the	34791
extent that the hold harmless provision required by section	34792
1751.13 of the Revised Code applies to the health care services	34793
rendered;	34794

(5) Unless it contains a provision that states, in substance,	34795
that in the event of the insolvency of the health insuring	34796
corporation, an enrollee may be financially responsible for health	34797
care services rendered by a provider or health care facility that	34798
is not under contract to the health insuring corporation, whether	34799
or not the health insuring corporation authorized the use of the	34800
provider or health care facility.	34801

(E) Notwithstanding divisions (C) and (D) of this section, a	34802
health insuring corporation may use an evidence of coverage that	34803
provides for the coverage of beneficiaries enrolled in medicare	34804
pursuant to a medicare contract, or an evidence of coverage that	34805
provides for the coverage of beneficiaries enrolled in the federal	34806
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	34807
an evidence of coverage that provides for the coverage of medicaid	34808
recipients, or an evidence of coverage that provides for the	34809
coverage of beneficiaries under any other federal health care	34810
program regulated by a federal regulatory body, or an evidence of	34811
coverage that provides for the coverage of beneficiaries under any	34812
contract covering officers or employees of the state that has been	34813
entered into by the department of administrative services, if both	34814
of the following apply:	34815

(1) The evidence of coverage has been approved by the United	34816
States department of health and human services, the United States	34817
office of personnel management, the ~~Ohio~~ department of ~~job and~~	34818
~~family services~~medicaid, or the department of administrative	34819
services.	34820

(2) The evidence of coverage is filed with the superintendent	34821
of insurance prior to use and is accompanied by documentation of	34822
approval from the United States department of health and human	34823
services, the United States office of personnel management, the	34824
~~Ohio~~ department of ~~job and family services~~medicaid, or the	34825
department of administrative services.	34826

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	34827
no premium rate for nongroup and conversion policies for health	34828
care services, or any amendment to them, may be used by any health	34829
insuring corporation at any time until the contractual periodic	34830
prepayment and premium rate, or amendment, have been filed with	34831
the superintendent of insurance, and shall not be effective until	34832
the expiration of sixty days after their filing unless the	34833
superintendent sooner gives approval. The filing shall be	34834
accompanied by an actuarial certification in the form prescribed	34835
by the superintendent. The superintendent shall disapprove the	34836
filing, if the superintendent determines within the sixty-day	34837
period that the contractual periodic prepayment or premium rate,	34838
or amendment, is not in accordance with sound actuarial principles	34839
or is not reasonably related to the applicable coverage and	34840
characteristics of the applicable class of enrollees. The	34841
superintendent shall notify the health insuring corporation of the	34842
disapproval, and it shall thereafter be unlawful for the health	34843
insuring corporation to use the contractual periodic prepayment or	34844
premium rate, or amendment.	34845

(2) No contractual periodic prepayment for group policies for	34846
health care services shall be used until the contractual periodic	34847
prepayment has been filed with the superintendent. The filing	34848
shall be accompanied by an actuarial certification in the form	34849
prescribed by the superintendent. The superintendent may reject a	34850
filing made under division (A)(2) of this section at any time,	34851
with at least thirty days' written notice to a health insuring	34852
corporation, if the contractual periodic prepayment is not in	34853
accordance with sound actuarial principles or is not reasonably	34854
related to the applicable coverage and characteristics of the	34855
applicable class of enrollees.	34856

(3) At any time, the superintendent, upon at least thirty	34857
days' written notice to a health insuring corporation, may	34858
withdraw the approval given under division (A)(1) of this section,	34859
deemed or actual, of any contractual periodic prepayment or	34860
premium rate, or amendment, based on information that either of	34861
the following applies:	34862

(a) The contractual periodic prepayment or premium rate, or	34863
amendment, is not in accordance with sound actuarial principles.	34864

(b) The contractual periodic prepayment or premium rate, or	34865
amendment, is not reasonably related to the applicable coverage	34866
and characteristics of the applicable class of enrollees.	34867

(4) Any disapproval under division (A)(1) of this section,	34868
any rejection of a filing made under division (A)(2) of this	34869
section, or any withdrawal of approval under division (A)(3) of	34870
this section, shall be effected by a written notice, which shall	34871
state the specific basis for the disapproval, rejection, or	34872
withdrawal and shall be issued in accordance with Chapter 119. of	34873
the Revised Code.	34874

(B) Notwithstanding division (A) of this section, a health	34875
insuring corporation may use a contractual periodic prepayment or	34876
premium rate for policies used for the coverage of beneficiaries	34877
enrolled in medicare pursuant to a medicare risk contract or	34878
medicare cost contract, or for policies used for the coverage of	34879
beneficiaries enrolled in the federal employees health benefits	34880
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	34881
coverage of medicaid recipients, or for policies used for the	34882
coverage of beneficiaries under any other federal health care	34883
program regulated by a federal regulatory body, or for policies	34884
used for the coverage of beneficiaries under any contract covering	34885
officers or employees of the state that has been entered into by	34886
the department of administrative services, if both of the	34887
following apply:	34888

(1) The contractual periodic prepayment or premium rate has	34889
been approved by the United States department of health and human	34890
services, the United States office of personnel management, the	34891
department of ~~job and family services~~medicaid, or the department	34892
of administrative services.	34893

(2) The contractual periodic prepayment or premium rate is	34894
filed with the superintendent prior to use and is accompanied by	34895
documentation of approval from the United States department of	34896
health and human services, the United States office of personnel	34897
management, the department of ~~job and family services~~medicaid, or	34898
the department of administrative services.	34899

(C) The administrative expense portion of all contractual	34900
periodic prepayment or premium rate filings submitted to the	34901
superintendent for review must reflect the actual cost of	34902
administering the product. The superintendent may require that the	34903
administrative expense portion of the filings be itemized and	34904
supported.	34905

(D)(1) Copayments must be reasonable and must not be a	34906
barrier to the necessary utilization of services by enrollees.	34907

(2) A health insuring corporation, in order to ensure that	34908
copayments are reasonable and not a barrier to the necessary	34909
utilization of basic health care services by enrollees, may do one	34910
of the following:	34911

(a) Impose copayment charges on any single covered basic	34912
health care service that does not exceed forty per cent of the	34913
average cost to the health insuring corporation of providing the	34914
service;	34915

(b) Impose copayment charges that annually do not exceed	34916
twenty per cent of the total annual cost to the health insuring	34917
corporation of providing all covered basic health care services,	34918
including physician office visits, urgent care services, and	34919
emergency health services, when aggregated as to all persons	34920
covered under the filed product in question. In addition, annual	34921
copayment charges as to each enrollee shall not exceed twenty per	34922
cent of the total annual cost to the health insuring corporation	34923
of providing all covered basic health care services, including	34924
physician office visits, urgent care services, and emergency	34925
health services, as to such enrollee. The total annual cost of	34926
providing a health care service is the cost to the health insuring	34927
corporation of providing the health care service to its enrollees	34928
as reduced by any applicable provider discount.	34929

(3) To ensure that copayments are reasonable and not a	34930
barrier to the utilization of basic health care services, a health	34931
insuring corporation may not impose, in any contract year, on any	34932
subscriber or enrollee, copayments that exceed two hundred per	34933
cent of the average annual premium rate to subscribers or	34934
enrollees.	34935

(4) For purposes of division (D) of this section, both of the	34936
following apply:	34937

(a) Copayments imposed by health insuring corporations in	34938
connection with a high deductible health plan that is linked to a	34939
health savings account are reasonable and are not a barrier to the	34940
necessary utilization of services by enrollees.	34941

(b) Divisions (D)(2) and (3) of this section do not apply to	34942
a high deductible health plan that is linked to a health savings	34943
account.	34944

(E) A health insuring corporation shall not impose lifetime	34945
maximums on basic health care services. However, a health insuring	34946
corporation may establish a benefit limit for inpatient hospital	34947
services that are provided pursuant to a policy, contract,	34948
certificate, or agreement for supplemental health care services.	34949

(F) A health insuring corporation may require that an	34950
enrollee pay an annual deductible that does not exceed one	34951
thousand dollars per enrollee or two thousand dollars per family,	34952
except that:	34953

(1) A health insuring corporation may impose higher	34954
deductibles for high deductible health plans that are linked to	34955
health savings accounts;	34956

(2) The superintendent may adopt rules allowing different	34957
annual deductible amounts for plans with a medical savings	34958
account, health reimbursement arrangement, flexible spending	34959
account, or similar account;	34960

(3) A health insuring corporation may impose higher	34961
deductibles under health plans if requested by the group contract,	34962
policy, certificate, or agreement holder, or an individual seeking	34963
coverage under an individual health plan. This shall not be	34964
construed as requiring the health insuring corporation to create	34965
customized health plans for group contract holders or individuals.	34966

(G) As used in this section, "health savings account" and	34967
"high deductible health plan" have the same meanings as in the	34968
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	34969
amended.	34970

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	34971
Revised Code, any policy, contract, or agreement for health care	34972
services authorized by this chapter that is issued, delivered, or	34973
renewed in this state and that provides that coverage of an	34974
unmarried dependent child will terminate upon attainment of the	34975
limiting age for dependent children specified in the policy,	34976
contract, or agreement, shall also provide in substance both of	34977
the following:	34978

(1) Once an unmarried child has attained the limiting age for	34979
dependent children, as provided in the policy, contract, or	34980
agreement, upon the request of the subscriber, the health insuring	34981
corporation shall offer to cover the unmarried child until the	34982
child attains twenty-eight years of age if all of the following	34983
are true:	34984

(a) The child is the natural child, stepchild, or adopted	34985
child of the subscriber.	34986

(b) The child is a resident of this state or a full-time	34987
student at an accredited public or private institution of higher	34988
education.	34989

(c) The child is not employed by an employer that offers any	34990
health benefit plan under which the child is eligible for	34991
coverage.	34992

(d) The child is not eligible for coverage under the medicaid	34993
program ~~established under Chapter 5111. of the Revised Code~~ or the	34994
medicare program ~~established under Title XVIII of the "Social~~	34995
~~Security Act," 42 U.S.C. 1395~~.	34996

(2) That attainment of the limiting age for dependent	34997
children shall not operate to terminate the coverage of a	34998
dependent child if the child is and continues to be both of the	34999
following:	35000

(a) Incapable of self-sustaining employment by reason of	35001
mental retardation or physical handicap;	35002

(b) Primarily dependent upon the subscriber for support and	35003
maintenance.	35004

(B) Proof of incapacity and dependence for purposes of	35005
division (A)(2) of this section shall be furnished to the health	35006
insuring corporation within thirty-one days of the child's	35007
attainment of the limiting age. Upon request, but not more	35008
frequently than annually, the health insuring corporation may	35009
require proof satisfactory to it of the continuance of such	35010
incapacity and dependency.	35011

35012

(1) Require that any policy, contract, or agreement offer	35013
coverage for dependent children or provide coverage for an	35014
unmarried dependent child's children as dependents on the policy,	35015
contract, or agreement;	35016

(2) Require an employer to pay for any part of the premium	35017
for an unmarried dependent child that has attained the limiting	35018
age for dependents, as provided in the policy, contract, or	35019
agreement;	35020

(3) Require an employer to offer health insurance coverage to	35021
the dependents of any employee.	35022

(D) This section does not apply to any health insuring	35023
corporation policy, contract, or agreement offering only	35024
supplemental health care services or specialty health care	35025
services.	35026

(E) As used in this section, "health benefit plan" has the	35027
same meaning as in section 3924.01 of the Revised Code and also	35028
includes both of the following:	35029

(1) A public employee benefit plan;

35030

(2) A health benefit plan as regulated under the "Employee	35031
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	35032

Sec. 1751.271. (A) Each health insuring corporation that	35033
provides coverage to medicaid recipients shall post a performance	35034
bond in the amount of three million dollars as security to fulfill	35035
the obligations of the health insuring corporation to pay claims	35036
of contracted providers for covered health care services provided	35037
to medicaid recipients. The bond shall be payable to the	35038
department of insurance in the event that the health insuring	35039
corporation is placed in rehabilitation or liquidation proceedings	35040
under Chapter 3903. of the Revised Code, and shall become a	35041
special deposit subject to section 3903.14 or 3903.421 of the	35042
Revised Code, as applicable. In lieu of the performance bond, a	35043
medicaid health insuring corporation may deposit securities with	35044
the superintendent of insurance, acceptable to the superintendent,	35045
in the amount of three million dollars, to satisfy the bonding	35046
requirements of this section. Upon rehabilitation or liquidation,	35047
the securities shall become a special deposit subject to sections	35048
3903.14 and 3903.421 of the Revised Code, as applicable. The	35049
health insuring corporation shall receive the interest on the	35050
deposited securities as long as the health insuring corporation	35051
remains solvent.	35052

(B) The bond shall be issued by a surety company licensed	35053
with the department of insurance. The bond or deposit, or any	35054
replacement bond or deposit, shall be in a form acceptable to the	35055
superintendent, and shall remain in effect during the duration of	35056
the medicaid health insuring corporation's license and thereafter	35057
until all claims against the medicaid health insuring corporation	35058
have been paid in full.	35059

(C) Documentation of the bond acceptable to the	35060
superintendent of insurance shall be filed with the superintendent	35061
prior to the issuance of a certificate of authority. Annually,	35062
thirty days prior to the renewal of its certificate of authority,	35063
every medicaid health insuring corporation shall furnish the	35064
superintendent of insurance with evidence that the required bond	35065
is still in effect.	35066

(D) As used in this section:

35067

(1) "Contracted provider" means a provider that has a	35068
contract with a medicaid health insuring corporation to provide	35069
covered health care services to medicaid recipients.	35070

(2) "Medicaid health insuring corporation" means a health	35071
insuring corporation that provides health insurance coverage or	35072
otherwise assumes claims liabilities for medicaid recipients.	35073

(3) "Medicaid recipient" means a person ~~eligible for~~	35074
~~assistance under~~enrolled in the medicaid program ~~operated~~	35075
~~pursuant to Chapter 5111. of the Revised Code~~.	35076

Sec. 1751.31. (A) Any changes in a health insuring	35077
corporation's solicitation document shall be filed with the	35078
superintendent of insurance. The superintendent, within sixty days	35079
of filing, may disapprove any solicitation document or amendment	35080
to it on any of the grounds stated in this section. Such	35081
disapproval shall be effected by written notice to the health	35082
insuring corporation. The notice shall state the grounds for	35083
disapproval and shall be issued in accordance with Chapter 119. of	35084
the Revised Code.	35085

(B) The solicitation document shall contain all information	35086
necessary to enable a consumer to make an informed choice as to	35087
whether or not to enroll in the health insuring corporation. The	35088
information shall include a specific description of the health	35089
care services to be available and the approximate number and type	35090
of full-time equivalent medical practitioners. The information	35091
shall be presented in the solicitation document in a manner that	35092
is clear, concise, and intelligible to prospective applicants in	35093
the proposed service area.	35094

(C) Every potential applicant whose subscription to a health	35095
care plan is solicited shall receive, at or before the time of	35096
solicitation, a solicitation document approved by the	35097
superintendent.	35098

(D) Notwithstanding division (A) of this section, a health	35099
insuring corporation may use a solicitation document that the	35100
corporation uses in connection with policies for medicare	35101
beneficiaries pursuant to a medicare risk contract or medicare	35102
cost contract, or for policies for beneficiaries of the federal	35103
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	35104
for policies for medicaid recipients, or for policies for	35105
beneficiaries of any other federal health care program regulated	35106
by a federal regulatory body, or for policies for beneficiaries of	35107
contracts covering officers or employees of the state entered into	35108
by the department of administrative services, if both of the	35109
following apply:	35110

(1) The solicitation document has been approved by the United	35111
States department of health and human services, the United States	35112
office of personnel management, the department of ~~job and family~~	35113
~~services~~medicaid, or the department of administrative services.	35114

(2) The solicitation document is filed with the	35115
superintendent of insurance prior to use and is accompanied by	35116
documentation of approval from the United States department of	35117
health and human services, the United States office of personnel	35118
management, the department of ~~job and family services~~medicaid, or	35119
the department of administrative services.	35120

(E) No health insuring corporation, or its agents or	35121
representatives, shall use monetary or other valuable	35122
consideration, engage in misleading or deceptive practices, or	35123
make untrue, misleading, or deceptive representations to induce	35124
enrollment. Nothing in this division shall prohibit incentive	35125
forms of remuneration such as commission sales programs for the	35126
health insuring corporation's employees and agents.	35127

(F) Any person obligated for any part of a premium rate in	35128
connection with an enrollment agreement, in addition to any right	35129
otherwise available to revoke an offer, may cancel such agreement	35130
within seventy-two hours after having signed the agreement or	35131
offer to enroll. Cancellation occurs when written notice of the	35132
cancellation is given to the health insuring corporation or its	35133
agents or other representatives. A notice of cancellation mailed	35134
to the health insuring corporation shall be considered to have	35135
been filed on its postmark date.	35136

(G) Nothing in this section shall prohibit healthy lifestyle	35137
programs.	35138

Sec. 1751.60. (A) Except as provided for in divisions (E)	35139
and (F) of this section, every provider or health care facility	35140
that contracts with a health insuring corporation to provide	35141
health care services to the health insuring corporation's	35142
enrollees or subscribers shall seek compensation for covered	35143
services solely from the health insuring corporation and not,	35144
under any circumstances, from the enrollees or subscribers, except	35145
for approved copayments and deductibles.	35146

(B) No subscriber or enrollee of a health insuring	35147
corporation is liable to any contracting provider or health care	35148
facility for the cost of any covered health care services, if the	35149
subscriber or enrollee has acted in accordance with the evidence	35150
of coverage.	35151

(C) Except as provided for in divisions (E) and (F) of this	35152
section, every contract between a health insuring corporation and	35153
provider or health care facility shall contain a provision	35154
approved by the superintendent of insurance requiring the provider	35155
or health care facility to seek compensation solely from the	35156
health insuring corporation and not, under any circumstances, from	35157
the subscriber or enrollee, except for approved copayments and	35158
deductibles.	35159

(D) Nothing in this section shall be construed as preventing	35160
a provider or health care facility from billing the enrollee or	35161
subscriber of a health insuring corporation for noncovered	35162
services.	35163

(E) Upon application by a health insuring corporation and a	35164
provider or health care facility, the superintendent may waive the	35165
requirements of divisions (A) and (C) of this section when, in	35166
addition to the reserve requirements contained in section 1751.28	35167
of the Revised Code, the health insuring corporation provides	35168
sufficient assurances to the superintendent that the provider or	35169
health care facility has been provided with financial guarantees.	35170
No waiver of the requirements of divisions (A) and (C) of this	35171
section is effective as to enrollees or subscribers for whom the	35172
health insuring corporation is compensated under a provider	35173
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	35174
~~or 5115. of the Revised Code~~under the medicaid program.	35175

(F) The requirements of divisions (A) to (C) of this section	35176
apply only to health care services provided to an enrollee or	35177
subscriber prior to the effective date of a termination of a	35178
contract between the health insuring corporation and the provider	35179
or health care facility.	35180

Sec. 1901.10. (A)~~(1)(a)~~ The judges of ~~the~~a municipal court	35181
and officers of the court shall take an oath of office as provided	35182
in section 3.23 of the Revised Code. ~~The~~	35183

(B) The office of judge of ~~the~~a municipal court is subject	35184
to forfeiture, and the judge may be removed from office, for the	35185
causes and by the procedure provided in sections 3.07 to 3.10 of	35186
the Revised Code. A vacancy in the office of judge exists upon the	35187
death, resignation, forfeiture, removal from office, or absence	35188
from official duties for a period of six consecutive months, as	35189
determined under this section, of the judge and also by reason of	35190
the expiration of the term of an incumbent when no successor has	35191
been elected or qualified. ~~The chief justice of the supreme court~~	35192
~~may designate a judge of another municipal court to act until that~~	35193
~~vacancy is filled in accordance with section 107.08 of the Revised~~	35194
~~Code.~~ A vacancy resulting from the absence of a judge from	35195
official duties for a period of six consecutive months shall be	35196
determined and declared by the legislative authority.	35197

~~(b)~~(C)(1) If a vacancy occurs in the office of judge or clerk	35198
of ~~the~~a municipal court after the one-hundredth day before the	35199
first Tuesday after the first Monday in May and prior to the	35200
fortieth day before the day of the general election, all	35201
candidates for election to the unexpired term of the judge or	35202
clerk shall file nominating petitions with the board of elections	35203
not later than four p.m. on the tenth day following the day on	35204
which the vacancy occurs, except that, when the vacancy occurs	35205
fewer than six days before the fortieth day before the general	35206
election, the deadline for filing shall be four p.m. on the	35207
thirty-sixth day before the day of the general election.	35208

~~(c)~~(2) Each nominating petition referred to in division	35209
~~(A)~~(C)(1)~~(b)~~ of this section shall be in the form prescribed in	35210
section 3513.261 of the Revised Code and shall be signed by at	35211
least fifty qualified electors of the territory of the municipal	35212
court. No nominating petition shall be accepted for filing or	35213
filed if it appears on its face to contain signatures aggregating	35214
in number more than twice the minimum aggregate number of	35215
signatures required by this section.	35216

~~(2) If a judge of a municipal court that has only one judge~~	35217
~~is temporarily absent, incapacitated, or otherwise unavailable,~~	35218
~~the judge may appoint a substitute who has the qualifications~~	35219
~~required by section 1901.06 of the Revised Code or a retired judge~~	35220
~~of a court of record who is a qualified elector and a resident of~~	35221
~~the territory of the court. If the judge is unable to make the~~	35222
~~appointment, the chief justice of the supreme court shall appoint~~	35223
~~a substitute. The appointee shall serve during the absence,~~	35224
~~incapacity, or unavailability of the incumbent, shall have the~~	35225
~~jurisdiction and powers conferred upon the judge of the municipal~~	35226
~~court, and shall be styled "acting judge." During that time of~~	35227
~~service, the acting judge shall sign all process and records and~~	35228
~~shall perform all acts pertaining to the office, except that of~~	35229
~~removal and appointment of officers of the court. All courts shall~~	35230
~~take judicial notice of the selection and powers of the acting~~	35231
~~judge. The incumbent judge shall establish the amount of~~	35232
~~compensation of an acting judge upon either a per diem, hourly, or~~	35233
~~other basis, but the rate of pay shall not exceed the per diem~~	35234
~~amount received by the incumbent judge.~~	35235

~~(B) When the volume of cases pending in any municipal court~~	35236
~~necessitates an additional judge, the chief justice of the supreme~~	35237
~~court, upon the written request of the judge or presiding judge of~~	35238
~~that municipal court, may designate a judge of another municipal~~	35239
~~court or county court to serve for any period of time that the~~	35240
~~chief justice may prescribe. The compensation of a judge so~~	35241
~~designated shall be paid from the city treasury or, in the case of~~	35242
~~a county-operated municipal court, from the county treasury. In~~	35243
~~addition to the annual salary provided for in section 1901.11 of~~	35244
~~the Revised Code and in addition to any compensation under~~	35245
~~division (A)(5) or (6) of section 141.04 of the Revised Code to~~	35246
~~which the judge is entitled in connection with the judge's own~~	35247
~~court, a full-time or part-time judge while holding court outside~~	35248
~~the judge's territory on the designation of the chief justice~~	35249
~~shall receive actual and necessary expenses and compensation as~~	35250
~~follows:~~	35251

~~(1) A full-time judge shall receive thirty dollars for each~~	35252
~~day of the assignment.~~	35253

~~(2) A part-time judge shall receive for each day of the~~	35254
~~assignment the per diem compensation of the judges of the court to~~	35255
~~which the judge is assigned, less the per diem amount paid to~~	35256
~~those judges pursuant to section 141.04 of the Revised Code,~~	35257
~~calculated on the basis of two hundred fifty working days per~~	35258
~~year.~~	35259

~~If a request is made by a judge or the presiding judge of a~~	35260
~~municipal court to designate a judge of another municipal court~~	35261
~~because of the volume of cases in the court for which the request~~	35262
~~is made and the chief justice reports, in writing, that no~~	35263
~~municipal or county court judge is available to serve by~~	35264
~~designation, the judges of the court requesting the designation~~	35265
~~may appoint a substitute as provided in division (A)(2) of this~~	35266
~~section, who may serve for any period of time that is prescribed~~	35267
~~by the chief justice. The substitute judge shall be paid in the~~	35268
~~same manner and at the same rate as the incumbent judges, except~~	35269
~~that, if the substitute judge is entitled to compensation under~~	35270
~~division (A)(5) or (6) of section 141.04 of the Revised Code, then~~	35271
~~section 1901.121 of the Revised Code shall govern its payment.~~	35272

Sec. 1901.12. (A) A ~~municipal~~ judge of a municipal court is	35273
entitled to thirty days of vacation in each calendar year. Not	35274
less than two hundred forty days of open session of the municipal	35275
court shall be held by each judge during the year, unless all	35276
business of the court is disposed of sooner.	35277

(B) ~~When a court consists of a single judge, a qualified~~	35278
~~substitute may be appointed in accordance with division (A)(2) of~~	35279
~~section 1901.10 of the Revised Code to serve during the thirty-day~~	35280
~~vacation period, who shall be paid in the same manner and at the~~	35281
~~same rate as the incumbent judge, except that, if the substitute~~	35282
~~judge is entitled to compensation under division (A)(5) or (6) of~~	35283
~~section 141.04 of the Revised Code, then section 1901.121 of the~~	35284
~~Revised Code shall govern its payment.~~ If a municipal court	35285
consists of two or more judges, ~~one of the judges shall be in~~	35286
~~attendance at the court at all times, and~~ the presiding judge	35287
shall have the authority to designate the vacation period for each	35288
judge~~, and when necessary, to appoint a substitute for the judge~~	35289
~~when on vacation or not in attendance~~. ~~If a court consists of more~~	35290
~~than two judges, two-thirds of the court shall be in attendance at~~	35291
~~all times, and the presiding judge shall have authority to~~	35292
~~designate the vacation period of each judge, and, when necessary,~~	35293
~~to appoint a substitute for any judge on vacation or not in~~	35294
~~attendance.~~	35295

Sec. 1901.121. (A)(1) If a vacancy occurs in the office of a	35296
judge of a municipal court that consists of only one judge or if	35297
the judge of a municipal court of that nature is incapacitated or	35298
unavailable due to disqualification, suspension, or recusal, the	35299
chief justice of the supreme court may assign a sitting judge of	35300
another court of record or a retired judge of a court of record to	35301
temporarily serve on the court in accordance with rules adopted by	35302
the supreme court pursuant to division (A)(1) of Section 5 of	35303
Article IV, Ohio Constitution. The assignee shall be styled	35304
"assigned judge" and shall serve for any period of time the chief	35305
justice may prescribe.	35306

(2) If a judge of a municipal court that consists of only one	35307
judge is otherwise temporarily absent for a reason other than as	35308
specified in division (A)(1) of this section, the judge may do	35309
either of the following:	35310

(a) Appoint a substitute who is a resident of the territory	35311
of the court or, if the territory of the court has a population of	35312
less than twenty-five thousand according to the latest federal	35313
decennial census and the judge is unable to appoint a substitute	35314
who is a resident of the territory of the court, appoint a	35315
substitute who is a resident of the territory of a municipal or	35316
county court that is contiguous to the court. The appointee shall	35317
either be admitted to the practice of law in this state and have	35318
been, for a total of at least six years preceding appointment,	35319
engaged in the practice of law in this state or a judge of a court	35320
of record in any jurisdiction in the United States or be a retired	35321
judge of a court of record. The appointee shall be styled "acting	35322
judge" and shall temporarily serve on the court during the	35323
temporary absence of the incumbent judge.	35324

(b) Request the chief justice of the supreme court to assign	35325
a sitting judge of another court of record or a retired judge of a	35326
court of record to temporarily serve on the court in accordance	35327
with rules adopted by the supreme court pursuant to division	35328
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35329
shall be styled "assigned judge" and shall serve for any period of	35330
time the chief justice may prescribe.	35331

(B) If a vacancy occurs in the office of a judge of a	35332
municipal court that consists of two judges or if a judge of a	35333
municipal court of that nature is incapacitated, unavailable, or	35334
temporarily absent, the presiding judge may do either of the	35335
following:	35336

(1) Appoint a substitute who is a resident of the territory	35337
of the court or, if the territory of the court has a population of	35338
less than twenty-five thousand according to the latest federal	35339
decennial census and the judge is unable to appoint a substitute	35340
who is a resident of the territory of the court, appoint a	35341
substitute who is a resident of the territory of a municipal or	35342
county court that is contiguous to the court. The appointee shall	35343
either be admitted to the practice of law in this state and have	35344
been, for a total of at least six years preceding appointment,	35345
engaged in the practice of law in this state or a judge of a court	35346
of record in any jurisdiction in the United States or be a retired	35347
judge of a court of record. The appointee shall be styled "acting	35348
judge" and shall temporarily serve on the court during the vacancy	35349
or the incapacity, unavailability, or temporary absence of the	35350
incumbent judge.	35351

(2) Request the chief justice of the supreme court to assign	35352
a sitting judge of another court of record or a retired judge of a	35353
court of record to temporarily serve on the court in accordance	35354
with rules adopted by the supreme court pursuant to division	35355
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35356
shall be styled "assigned judge" and shall serve for any period of	35357
time the chief justice may prescribe.	35358

(C) If a vacancy occurs in the office of a judge of a	35359
municipal court that consists of three or more judges or if a	35360
judge of a municipal court of that nature is incapacitated,	35361
unavailable, or temporarily absent, the presiding judge may do	35362
either of the following:	35363

(1) If no other judge of the court is available to perform	35364
the duties of the judge, appoint a substitute who is a resident of	35365
the territory of the court. The appointee shall either be admitted	35366
to the practice of law in this state and have been, for a total of	35367
at least six years preceding appointment, engaged in the practice	35368
of law in this state or a judge of a court of record in any	35369
jurisdiction in the United States or be a retired judge of a court	35370
of record. The appointee shall be styled "acting judge" and shall	35371
temporarily serve on the court during the vacancy or the	35372
incapacity, unavailability, or temporary absence of the incumbent	35373
judge.	35374

(2) Request the chief justice of the supreme court to assign	35375
a sitting judge of another court of record or a retired judge of a	35376
court of record to temporarily serve on the court in accordance	35377
with rules adopted by the supreme court pursuant to division	35378
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35379
shall be styled "assigned judge" and shall serve for any period of	35380
time the chief justice may prescribe.	35381

(D) When the volume of cases pending in any municipal court	35382
necessitates an additional judge, the judge, if the court consists	35383
of a single judge, or the presiding judge, if the court consists	35384
of two or more judges, may request the chief justice of the	35385
supreme court to assign a sitting judge of another court of record	35386
or a retired judge of a court of record to temporarily serve on	35387
the court in accordance with rules adopted by the supreme court	35388
pursuant to division (A)(1) of Section 5 of Article IV, Ohio	35389
Constitution. The appointee shall be styled "assigned judge" and	35390
shall serve for any period of time the chief justice may	35391
prescribe.	35392

(E) An acting judge appointed pursuant to division (A)(2)(a),	35393
(B)(1), or (C)(1) of this section and an assigned judge assigned	35394
pursuant to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of	35395
this section shall have the jurisdiction and adjudicatory powers	35396
conferred upon the judge of the municipal court. During the time	35397
of service, the acting judge or assigned judge shall sign all	35398
process and records and shall perform all acts pertaining to the	35399
office, except that of removal and appointment of officers of the	35400
municipal court. All courts shall take judicial notice of the	35401
selection and powers of the acting judge or assigned judge.	35402

Sec. 1901.122. (A)(1) An acting judge appointed pursuant to	35403
division (A)(2)(a), (B)(1), or (C)(1) of section 1901.121 of the	35404
Revised Code shall receive reimbursement for actual and necessary	35405
expenses and a per diem compensation established by the incumbent	35406
judge, subject to the following limitations:	35407

(a) If the incumbent judge receives compensation as described	35408
in division (A)(5) of section 141.04 of the Revised Code, the per	35409
diem compensation of the acting judge shall not exceed the per	35410
diem compensation paid to the incumbent judge based upon a work	35411
year of two hundred fifty days.	35412

(b) If the incumbent judge receives compensation as described	35413
in division (A)(6) of section 141.04 of the Revised Code, the per	35414
diem compensation of the acting judge shall not exceed the per	35415
diem compensation paid to the incumbent judge based upon a work	35416
year of one hundred thirty days.	35417

(2) The per diem compensation of the acting judge shall be	35418
payable in the same manner as the compensation paid to the	35419
incumbent judge during the same period.	35420

(B) An assigned judge assigned pursuant to division (A)(1),	35421
(A)(2)(b), (B)(2), (C)(2), or (D) of section 1901.121 of the	35422
Revised Code shall receive reimbursement for actual and necessary	35423
expenses and a per diem compensation computed as follows:	35424

(1) If the assigned judge receives compensation as described	35425
in division (A)(5) of section 141.04 of the Revised Code, thirty	35426
dollars;	35427

(2) If the assigned judge receives compensation as described	35428
in division (A)(6) of section 141.04 of the Revised Code, the per	35429
diem compensation of a judge of a municipal court compensated as	35430
described in division (A)(5) of section 141.04 of the Revised	35431
Code, less the per diem compensation of the assigned judge, each	35432
calculated on the basis of two hundred fifty working days per	35433
year;	35434

(3) If the assigned judge is a retired judge of a municipal	35435
or county court or a court of common pleas, the established per	35436
diem compensation for a judge of a municipal court compensated as	35437
described in division (A)(5) of section 141.04 of the Revised	35438
Code, calculated on the basis of two hundred fifty working days	35439
per year, in addition to any retirement benefits to which the	35440
assigned judge may be entitled;	35441

(4) If the assigned judge is a sitting judge of the court of	35442
appeals or a court of common pleas, fifty dollars.	35443

Sec. 1901.123. (A)(1) Subject to reimbursement under	35444
division (B) of this section, the treasurer of the county in which	35445
a county-operated municipal court or other municipal court is	35446
located shall pay the per diem compensation to which an acting	35447
judge appointed pursuant to division (A)(2)(a), (B)(1), or (C)(1)	35448
of section 1901.121 of the Revised Code is entitled pursuant to	35449
division (A)(1) of section 1901.122 of the Revised Code.	35450

(2) Subject to reimbursement under division (B) of this	35451
section, the treasurer of the county in which a county-operated	35452
municipal court or other municipal court is located shall pay the	35453
per diem compensation to which an assigned judge assigned pursuant	35454
to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of section	35455
1901.121 of the Revised Code is entitled pursuant to division (B)	35456
of section 1901.122 of the Revised Code.	35457

(B) The treasurer of a county that, pursuant to division (A)	35458
of this section, is required to pay any compensation to which an	35459
acting judge or assigned judge is entitled under division (A)(5)	35460
or (6) of section 141.04 of the Revised Code, shall submit to the	35461
administrative director of the supreme court quarterly requests	35462
for reimbursements of the per diem amounts so paid. The requests	35463
shall include verifications of the payment of those amounts and an	35464
affidavit from the acting judge or assigned judge stating the days	35465
and hours worked. The administrative director shall cause	35466
reimbursements of those amounts to be issued to the county if the	35467
administrative director verifies that those amounts were, in fact,	35468
so paid.	35469

Sec. 1901.33. (A) The judge or judges of a municipal court	35470
may appoint one or more interpreters, one or more mental health	35471
professionals, one or more probation officers, an assignment	35472
commissioner, deputy assignment commissioners, and other court	35473
aides on a full-time, part-time, hourly, or other basis. Each	35474
appointee shall receive the compensation out of the city treasury	35475
that the legislative authority prescribes in either biweekly	35476
installments or semimonthly installments, as determined by the	35477
payroll administrator, except that in a county-operated municipal	35478
court they shall receive the compensation out of the treasury of	35479
the county in which the court is located that the board of county	35480
commissioners prescribes. Probation officers have all the powers	35481
of regular police officers and shall perform any duties that are	35482
designated by the judge or judges of the court. Assignment	35483
commissioners shall assign cases for trial and perform any other	35484
duties that the court directs.	35485

The judge or judges may appoint one or more typists,	35486
~~stenographers,~~ statistical clerks, and official court reporters,	35487
each of whom shall be paid the compensation out of the city	35488
treasury that the legislative authority prescribes, except that in	35489
a county-operated municipal court they shall be paid the	35490
compensation out of the treasury of the county in which the court	35491
is located that the board of county commissioners prescribes. The	35492
cost of transcripts shall be determined as provided in section	35493
2301.25 of the Revised Code.	35494

(B) If a municipal court appoints one or more probation	35495
officers, those officers shall constitute the municipal court	35496
department of probation unless the court designates other	35497
employees as the department of probation for the court.	35498

(C) The chief probation officer may grant permission to a	35499
probation officer to carry firearms when required in the discharge	35500
of the probation officer's official duties if the probation	35501
officer has successfully completed a basic firearm training	35502
program that is approved by the executive director of the Ohio	35503
peace officer training commission. A probation officer who has	35504
been granted permission to carry a firearm in the discharge of the	35505
probation officer's official duties annually shall successfully	35506
complete a firearms requalification program in accordance with	35507
section 109.801 of the Revised Code.	35508

(D) The judge or judges of a municipal court in which the	35509
clerk of the court is elected as provided in division (A)(1)(a) or	35510
(d) or (A)(2)(b) of section 1901.31 of the Revised Code may	35511
appoint an administrative assistant. The administrative assistant	35512
shall have charge of personnel related matters of the court and	35513
shall perform any other administrative duties assigned by the	35514
court. The administrative assistant shall receive the compensation	35515
out of the city treasury that the court prescribes, except that,	35516
in a county-operated municipal court, the administrative assistant	35517
shall receive the compensation out of the treasury of the county	35518
in which the court is located that the court prescribes.	35519

Sec. 1907.14. (A) A judge of a county court shall take an	35520
oath of office as provided in section 3.23 of the Revised Code,	35521
~~the~~.	35522

(B) The office of judge of a county court is subject to	35523
forfeiture, and a judge may be removed from office, for the causes	35524
and by the procedure provided in sections 3.07 to 3.10 of the	35525
Revised Code.	35526

~~When a judge of a county court is temporarily absent,~~	35527
~~incapacitated, or otherwise unavailable, the judge may appoint a~~	35528
~~substitute having the qualifications required by section 1907.13~~	35529
~~of the Revised Code or may appoint a retired judge of a court of~~	35530
~~record in the state who is a qualified elector and a resident of~~	35531
~~the county court district. If the judge is unable to make the~~	35532
~~appointment, the administrative judge of the county court district~~	35533
~~or the administrative judge of the court of common pleas of the~~	35534
~~county shall appoint the substitute. The appointee shall serve~~	35535
~~during the absence, incapacity, or unavailability of the~~	35536
~~incumbent, shall have the jurisdiction and powers conferred upon~~	35537
~~the judge of the county court, and shall be styled "acting judge."~~	35538
~~During that term of service, the acting judge shall sign all~~	35539
~~process and records and perform all acts pertaining to the office~~	35540
~~except that of removal and appointment of officers of the court.~~	35541
~~All courts shall take judicial notice of the selection and powers~~	35542
~~of the acting judge. The incumbent judge shall establish the~~	35543
~~amount of the compensation of an acting judge on a per diem,~~	35544
~~hourly, or other basis, and the compensation shall not exceed the~~	35545
~~per diem compensation paid to the incumbent judge based upon a~~	35546
~~work year of one hundred thirty days. The compensation shall be~~	35547
~~payable in the same manner as the compensation paid to the~~	35548
~~incumbent judge during the same period.~~	35549

Sec. 1907.141. (A)(1) If a vacancy occurs in the office of a	35550
judge of a county court that consists of only one judge or if the	35551
judge of a county court of that nature is incapacitated or	35552
unavailable due to disqualification, suspension, or recusal, the	35553
chief justice of the supreme court may assign a sitting judge of	35554
another court of record or a retired judge of a court of record to	35555
temporarily serve on the court in accordance with rules adopted by	35556
the supreme court pursuant to division (A)(1) of Section 5 of	35557
Article IV, Ohio Constitution. The assignee shall be styled	35558
"assigned judge" and shall serve for any period of time the chief	35559
justice may prescribe.	35560

(2) If a judge of a county court that consists of only one	35561
judge is temporarily absent for a reason other than as specified	35562
in division (A)(1) of this section, the judge may do either of the	35563
following:	35564

(a) Appoint a substitute who is a resident of the territory	35565
of the court or, if the territory of the court has a population of	35566
less than twenty-five thousand according to the latest federal	35567
decennial census and the judge is unable to appoint a substitute	35568
who is a resident of the territory of the court, appoint a	35569
substitute who is a resident of the territory of a municipal or	35570
county court that is contiguous to the court. The appointee shall	35571
either be admitted to the practice of law in this state and have	35572
been, for a total of at least six years preceding appointment,	35573
engaged in the practice of law in this state or a judge of a court	35574
of record in any jurisdiction in the United States or be a retired	35575
judge of a court of record. The appointee shall be styled "acting	35576
judge" and shall temporarily serve on the court during the	35577
temporary absence of the incumbent judge.	35578

(b) Request the chief justice of the supreme court to assign	35579
a sitting judge of another court of record or a retired judge of a	35580
court of record to temporarily serve on the court in accordance	35581
with rules adopted by the supreme court pursuant to division	35582
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35583
shall be styled "assigned judge" and shall serve for any period of	35584
time the chief justice may prescribe.	35585

(B) If a vacancy occurs in the office of a judge of a county	35586
court that consists of two judges or if a judge of a county court	35587
of that nature is incapacitated, unavailable, or temporarily	35588
absent, the presiding judge may do either of the following:	35589

(1) Appoint a substitute who is a resident of the territory	35590
of the court or, if the territory of the court has a population of	35591
less than twenty-five thousand according to the latest federal	35592
decennial census and the judge is unable to appoint a substitute	35593
who is a resident of the territory of the court, appoint a	35594
substitute who is a resident of the territory of a municipal or	35595
county court that is contiguous to the court. The appointee shall	35596
either be admitted to the practice of law in this state and have	35597
been, for a total of at least six years preceding appointment,	35598
engaged in the practice of law in this state or a judge of a court	35599
of record in any jurisdiction in the United States or be a retired	35600
judge of a court of record. The appointee shall be styled "acting	35601
judge" and shall temporarily serve on the court during the vacancy	35602
or the incapacity, unavailability, or temporary absence of the	35603
incumbent judge.	35604

(2) Request the chief justice of the supreme court to assign	35605
a sitting judge of another court of record or a retired judge of a	35606
court of record to temporarily serve on the court in accordance	35607
with rules adopted by the supreme court pursuant to division	35608
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35609
shall be styled "assigned judge" and shall serve for any period of	35610
time the chief justice may prescribe.	35611

(C) If a vacancy occurs in the office of a judge of a county	35612
court that consists of three or more judges or if a judge of a	35613
county court of that nature is incapacitated, unavailable, or	35614
temporarily absent, the presiding judge may do either of the	35615
following:	35616

(1) If no other judge of the court is available to perform	35617
the duties of the judge, appoint a substitute who is a resident of	35618
the territory of the court. The appointee shall either be admitted	35619
to the practice of law in this state and have been, for a total of	35620
at least six years preceding appointment, engaged in the practice	35621
of law in this state or a judge of a court of record in any	35622
jurisdiction in the United States or be a retired judge of a court	35623
of record. The appointee shall be styled "acting judge" and shall	35624
temporarily serve on the court during the vacancy or the	35625
incapacity, unavailability, or temporary absence of the incumbent	35626
judge.	35627

(2) Request the chief justice of the supreme court to assign	35628
a sitting judge of another court of record or a retired judge of a	35629
court of record to temporarily serve on the court in accordance	35630
with rules adopted by the supreme court pursuant to division	35631
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	35632
shall be styled "assigned judge" and shall serve for any period of	35633
time the chief justice may prescribe	35634

(D) An acting judge appointed pursuant to division (A)(2)(a),	35635
(B)(1), or (C)(1) of this section and an assigned judge assigned	35636
pursuant to division (A)(1), (A)(2)(b), (B)(2), or (C)(2) of this	35637
section shall have the jurisdiction and adjudicatory powers	35638
conferred upon the judge of the county court. During the time of	35639
service, the acting judge or assigned judge shall sign all process	35640
and records and shall perform all acts pertaining to the office,	35641
except that of removal and appointment of officers of the court.	35642
All courts shall take judicial notice of the selection and powers	35643
of the acting judge or assigned judge.	35644

Sec. 1907.142. (A) An acting judge appointed pursuant to	35645
division (A)(2)(a), (B)(1), or (C)(1) of section 1907.141 of the	35646
Revised Code shall receive reimbursement for actual and necessary	35647
expenses and a per diem compensation established by the incumbent	35648
judge, provided the per diem compensation of the acting judge	35649
shall not exceed the per diem compensation paid to the incumbent	35650
judge based upon a work year of one hundred thirty days. The per	35651
diem compensation of the acting judge shall be payable in the same	35652
manner as the compensation paid to the incumbent judge during the	35653
same period.	35654

(B) An assigned judge assigned pursuant to division (A)(1),	35655
(A)(2)(b), (B)(2), or (C)(2) of section 1907.141 of the Revised	35656
Code shall receive reimbursement for actual and necessary expenses	35657
and a per diem compensation computed as follows:	35658

(1) If the assigned judge receives compensation as described	35659
in division (A)(5) of section 141.04 of the Revised Code, thirty	35660
dollars;	35661

(2) If the assigned judge receives compensation as described	35662
in division (A)(6) of section 141.04 of the Revised Code, the per	35663
diem compensation of a judge of a municipal court compensated as	35664
described in division (A)(5) of section 141.04 of the Revised	35665
Code, less the per diem compensation of the assigned judge, each	35666
calculated on the basis of two hundred fifty working days per	35667
year;	35668

(3) If the assigned judge is a retired judge of a municipal	35669
or county court or a court of common pleas, the established per	35670
diem compensation for a judge of a municipal court compensated as	35671
described in division (A)(5) of section 141.04 of the Revised	35672
Code, calculated on the basis of two hundred fifty working days	35673
per year, in addition to any retirement benefits to which the	35674
assigned judge may be entitled;	35675

(4) If the assigned judge is a sitting judge of the court of	35676
appeals or a court of common pleas, fifty dollars.	35677

Sec. 1907.143. (A)(1) Subject to reimbursement under	35678
division (B) of this section, the treasurer of the county in which	35679
a county court is located shall pay the per diem compensation to	35680
which an acting judge appointed pursuant to division (A)(2)(b),	35681
(B)(1), or (C)(1) of section 1907.141 of the Revised Code is	35682
entitled pursuant to division (A) of section 1907.142 of the	35683
Revised Code.	35684

(2) Subject to reimbursement under division (B) of this	35685
section, the treasurer of the county in which a county court is	35686
located shall pay the per diem compensation to which an assigned	35687
judge assigned pursuant to division (A)(1), (A)(2)(b), (B)(2), or	35688
(C)(2) of section 1907.141 of the Revised Code is entitled	35689
pursuant to division (B) of section 1907.142 of the Revised Code.	35690

(B) The treasurer of a county that, pursuant to division (A)	35691
of this section, is required to pay any compensation to which an	35692
acting judge or assigned judge is entitled under division (A)(5)	35693
or (6) of section 141.04 of the Revised Code, shall submit to the	35694
administrative director of the supreme court quarterly requests	35695
for reimbursements of the per diem amounts so paid. The requests	35696
shall include verifications of the payment of those amounts and an	35697
affidavit from the acting judge or assigned judge stating the days	35698
and hours worked. The administrative director shall cause	35699
reimbursements of those amounts to be issued to the county if the	35700
administrative director verifies that those amounts were, in fact,	35701
so paid.	35702

Sec. 1923.14. (A) Except as otherwise provided in this	35703
section, within ten days after receiving a writ of execution	35704
described in division (A) or (B) of section 1923.13 of the Revised	35705
Code, the sheriff, police officer, constable, or bailiff shall	35706
execute it by restoring the plaintiff to the possession of the	35707
premises, and shall levy and collect the costs and make return, as	35708
upon other executions. If an appeal from the judgment of	35709
restitution is filed and if, following the filing of the appeal, a	35710
stay of execution is obtained and any required bond is filed with	35711
the court of common pleas, municipal court, or county court, the	35712
judge of that court immediately shall issue an order to the	35713
sheriff, police officer, constable, or bailiff commanding the	35714
delay of all further proceedings upon the execution. If the	35715
premises have been restored to the plaintiff, the sheriff, police	35716
officer, constable, or bailiff shall forthwith place the defendant	35717
in possession of them, and return the writ with the sheriff's,	35718
police officer's, constable's, or bailiff's proceedings and the	35719
costs taxed on it.	35720

(B)(1) After a court of common pleas, municipal court, or	35721
county court issues a writ of execution described in division (B)	35722
of section 1923.13 of the Revised Code, the clerk of the court	35723
shall send by regular mail, to the last known address of the	35724
titled owner of the manufactured home, mobile home, or	35725
recreational vehicle that is the subject of the writ and to the	35726
last known address of each other person who is listed on the writ	35727
as having any outstanding right, title, or interest in the home,	35728
vehicle, or personal property and to the auditor and treasurer of	35729
the county in which the court is located, a written notice that	35730
the home or vehicle potentially may be sold, destroyed, or have	35731
its title transferred under the circumstances described in	35732
division (B)(3) or (4) of this section.	35733

(2) Except as otherwise provided in this division, after	35734
receiving a writ of execution described in division (B) of section	35735
1923.13 of the Revised Code, and after causing the defendant to be	35736
removed from the residential premises of the manufactured home	35737
park, if necessary, in accordance with the writ, the sheriff,	35738
police officer, constable, or bailiff may cause the manufactured	35739
home, mobile home, or recreational vehicle that is the subject of	35740
the writ, and all personal property on the residential premises,	35741
at the sheriff's, police officer's, constable's, or bailiff's	35742
option, either to be removed from the manufactured home park and,	35743
if necessary, moved to a storage facility of the sheriff's, police	35744
officer's, constable's, or bailiff's choice, or to be retained at	35745
their current location on the residential premises, until they are	35746
claimed by the defendant or they are disposed of in a manner	35747
authorized by division (B)(3), (4), or (6) of this section or by	35748
another section of the Revised Code. The sheriff, police officer,	35749
constable, or bailiff shall not cause the manufactured home,	35750
mobile home, or recreational vehicle that is the subject of the	35751
writ, or the personal property, to be removed from the	35752
manufactured home park or moved to a storage facility if the	35753
holder of any outstanding lien, right, title, or interest in the	35754
home or vehicle, other than the titled owner of the home or	35755
vehicle, meets the conditions set forth in division (B)(6) or (7)	35756
of this section.	35757

The sheriff, police officer, constable, or bailiff who	35758
removes the manufactured home, mobile home, or recreational	35759
vehicle, or the abandoned personal property, from the residential	35760
premises shall be immune from civil liability pursuant to section	35761
2744.03 of the Revised Code for any damage caused to the home,	35762
vehicle, or any personal property during the removal. The park	35763
operator shall not be liable for any damage caused by the park	35764
operator's removal of the manufactured home, mobile home, or	35765
recreational vehicle or the removal of the personal property from	35766
the residential premises, or for any damage to the home, vehicle,	35767
or personal property during the time the home, vehicle, or	35768
property remains abandoned or stored in the manufactured home	35769
park, unless the damage is the result of acts that the park	35770
operator or the park operator's agents or employees performed with	35771
malicious purpose, in bad faith, or in a wanton or reckless	35772
manner. The reasonable costs for a removal of the manufactured	35773
home, mobile home, or recreational vehicle and personal property	35774
and, as applicable, the reasonable costs for its storage shall	35775
constitute a lien upon the home or vehicle payable by the titled	35776
owner of the home or vehicle or payable pursuant to division	35777
(B)(3) of this section.	35778

(3) Except as provided in divisions (B)(4), (5), and (6) of	35779
this section and division (D) of section 1923.12 of the Revised	35780
Code, within sixty days after receiving a writ of execution	35781
described in division (B) of section 1923.13 of the Revised Code,	35782
the sheriff, police officer, constable, or bailiff shall commence	35783
proceedings for the sale of the manufactured home, mobile home, or	35784
recreational vehicle that is the subject of the writ, and the	35785
abandoned personal property on the residential premises, if the	35786
home or vehicle is determined to be abandoned in accordance with	35787
the procedures for the sale of goods on execution under Chapter	35788
2329. of the Revised Code. In addition to all notices required to	35789
be given under section 2329.13 of the Revised Code, the sheriff,	35790
police officer, constable, or bailiff shall serve at their	35791
respective last known addresses a written notice of the date,	35792
time, and place of the sale upon all persons who are listed on the	35793
writ of execution as having any outstanding right, title, or	35794
interest in the abandoned manufactured home, mobile home, or	35795
recreational vehicle and the personal property and shall provide	35796
written notice to the auditor and the treasurer of the county in	35797
which the court issuing the writ is located.	35798

Unless the proceedings are governed by division (D) of	35799
section 1923.12 of the Revised Code, notwithstanding any statutory	35800
provision to the contrary, including, but not limited to, section	35801
2329.66 of the Revised Code, there shall be no stay of execution	35802
or exemption from levy or sale on execution available to the	35803
titled owner of the abandoned manufactured home, mobile home, or	35804
recreational vehicle in relation to a sale under this division.	35805
Except as otherwise provided in sections 2113.031, 2117.25, and	35806
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	35807
resident or resident's estate, the sheriff, police officer,	35808
constable, or bailiff shall distribute the proceeds from the sale	35809
of an abandoned manufactured home, mobile home, or recreational	35810
vehicle and any personal property under this division in the	35811
following manner:	35812

(a) The sheriff, police officer, constable, or bailiff shall	35813
first pay the costs for any moving of and any storage outside the	35814
manufactured home park of the home or vehicle and any personal	35815
property pursuant to division (B)(2) of this section, the costs of	35816
the sale, including reimbursing the park operator for the deposit	35817
that the park operator paid to the clerk of court under division	35818
(C) of section 1923.12 of the Revised Code, and any unpaid court	35819
costs assessed against the defendant in the underlying action.	35820

(b) Following the payment required by division (B)(3)(a) of	35821
this section, the sheriff, police officer, constable, or bailiff	35822
shall pay all outstanding tax liens on the home or vehicle.	35823

(c) Following the payment required by division (B)(3)(b) of	35824
this section, the sheriff, police officer, constable, or bailiff	35825
shall pay all other outstanding security interests, liens, or	35826
encumbrances on the home or vehicle by priority of filing or other	35827
priority.	35828

(d) Following the payment required by division (B)(3)(c) of	35829
this section, the sheriff, police officer, constable, or bailiff	35830
shall pay any outstanding monetary judgment rendered under section	35831
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	35832
and any costs associated with retaining the home or vehicle prior	35833
to the sale at its location on the residential premises within the	35834
manufactured home park pursuant to division (B)(2) of this	35835
section.	35836

(e) After complying with divisions (B)(3)(a) to (d) of this	35837
section, the sheriff, police officer, constable, or bailiff shall	35838
report any remaining money as unclaimed funds pursuant to Chapter	35839
169. of the Revised Code.	35840

Upon the return of any writ of execution for the satisfaction	35841
of which an abandoned manufactured home, mobile home, or	35842
recreational vehicle has been sold under this division, on careful	35843
examination of the proceedings of the sheriff, police officer,	35844
constable, or bailiff conducting the sale, if the court that	35845
issued the writ finds that the sale was made, in all respects, in	35846
conformity with the relevant provisions of Chapter 2329. of the	35847
Revised Code and with this division, it shall direct the clerk of	35848
the court to make an entry on the journal that the court is	35849
satisfied with the legality of the sale and the court shall direct	35850
the clerk of the court of common pleas of the county in which the	35851
writ was issued to issue a certificate of title, free and clear of	35852
all security interests, liens, and encumbrances, to the purchaser	35853
of the home or vehicle. The clerk of the court of common pleas	35854
shall issue the new certificate of title to the purchaser of the	35855
home or vehicle regardless of whether the writ was issued by the	35856
court of common pleas or another court duly authorized to issue	35857
the writ. If the manufactured home, mobile home, or recreational	35858
vehicle sold under this division is located in a manufactured home	35859
park, the purchaser of the home or vehicle shall have no right to	35860
maintain the home or vehicle in the manufactured home park without	35861
the park operator's consent and the sheriff, police officer,	35862
constable, or bailiff conducting the sale shall notify all	35863
prospective purchasers of this fact prior to the commencement of	35864
the sale.	35865

If, after it is offered for sale on two occasions under this	35866
division, the abandoned manufactured home, mobile home, or	35867
recreational vehicle cannot be sold due to a want of bidders, the	35868
sheriff, police officer, constable, or bailiff shall present the	35869
writ of execution unsatisfied to the clerk of the court of common	35870
pleas of the county in which the writ was issued for the issuance	35871
by the clerk in the manner prescribed in section 4505.10 of the	35872
Revised Code of a certificate of title transferring the title of	35873
the home or vehicle to the plaintiff, free and clear of all	35874
security interests, liens, and encumbrances. The clerk of the	35875
court of common pleas shall issue the new certificate of title	35876
transferring the title of the manufactured home, mobile home, or	35877
recreational vehicle to the plaintiff regardless of whether the	35878
writ was issued by the court of common pleas or another court duly	35879
authorized to issue the writ. If any taxes are owed on the home or	35880
vehicle at this time, the county auditor shall remove the	35881
delinquent taxes from the manufactured home tax list and the	35882
delinquent manufactured home tax list and remit any penalties for	35883
late payment of manufactured home taxes. Acceptance of the	35884
certificate of title by the plaintiff terminates all further	35885
proceedings under this section.	35886

(4) Except as provided in division (B)(5) or (6) of this	35887
section and division (D) of section 1923.12 of the Revised Code,	35888
within sixty days after receiving a writ of execution described in	35889
division (B) of section 1923.13 of the Revised Code, if the	35890
manufactured home, mobile home, or recreational vehicle is	35891
determined to be abandoned and to have a value of less than three	35892
thousand dollars, the sheriff, police officer, constable, or	35893
bailiff shall serve at their respective last known addresses a	35894
written notice of potential action as described in this division	35895
upon all persons who are listed on the writ as having any	35896
outstanding right, title, or interest in the home or vehicle. This	35897
notice shall be in addition to all notices required to be given	35898
under section 2329.13 of the Revised Code. Subject to the	35899
fulfillment of these notice requirements, the sheriff, police	35900
officer, constable, or bailiff shall take one of the following	35901
actions with respect to the abandoned manufactured home, mobile	35902
home, or recreational vehicle:	35903

(a) Cause its destruction if there is no person having an	35904
outstanding right, title, or interest in the home or vehicle,	35905
other than the titled owner of the home or vehicle;	35906

(b) Proceed with its sale under division (B)(3) of this	35907
section;	35908

(c) If there is no person having an outstanding right, title,	35909
or interest in the home or vehicle other than the titled owner of	35910
the home or vehicle, or if there is an outstanding right, title,	35911
or interest in the home or vehicle and the lienholder consents in	35912
writing, present the writ of execution to the clerk of the court	35913
of common pleas of the county in which the writ was issued for the	35914
issuance by the clerk in the manner prescribed in section 4505.10	35915
of the Revised Code of a certificate of title transferring the	35916
title of the home or vehicle to the plaintiff, free and clear of	35917
all security interests, liens, and encumbrances. The clerk of the	35918
court of common pleas shall issue the new certificate of title	35919
transferring the title of the home or vehicle regardless of	35920
whether the writ was issued by the court of common pleas or	35921
another court duly authorized to issue the writ. If any taxes are	35922
owed on the home or vehicle at this time, the county auditor shall	35923
remove the delinquent taxes from the manufactured home tax list	35924
and the delinquent manufactured home tax list and remit any	35925
penalties for late payment of manufactured home taxes. Acceptance	35926
of the certificate of title by the plaintiff terminates all	35927
further proceedings under this section.	35928

(5) At any time prior to the issuance of the writ of	35929
execution described in division (B) of section 1923.13 of the	35930
Revised Code, the titled owner of the manufactured home, mobile	35931
home, or recreational vehicle that would be the subject of the	35932
writ may remove the abandoned home or vehicle from the	35933
manufactured home park or other place of storage upon payment to	35934
the county auditor of all outstanding tax liens on the home or	35935
vehicle and, unless the owner is indigent, payment to the clerk of	35936
court of all unpaid court costs assessed against the defendant in	35937
the underlying action. After the issuance of the writ of	35938
execution, the titled owner of the home or vehicle may remove the	35939
abandoned home or vehicle from the manufactured home park or other	35940
place of storage at any time up to the day before the scheduled	35941
sale, destruction, or transfer of the home or vehicle pursuant to	35942
division (B)(3) or (4) of this section upon payment of all of the	35943
following:	35944

(a) All costs for moving and storage of the home or vehicle	35945
pursuant to division (B)(2) of this section and all costs incurred	35946
by the sheriff, police officer, constable, or bailiff up to and	35947
including the date of the removal of the home or vehicle;	35948

(b) All outstanding tax liens on the home or vehicle;

35949

(c) Unless the owner is indigent, all unpaid court costs	35950
assessed against the defendant in the underlying action.	35951

(6) At any time after the issuance of the writ of execution	35952
described in division (B) of section 1923.13 of the Revised Code,	35953
the holder of any outstanding lien, right, title, or interest in	35954
the manufactured home, mobile home, or recreational vehicle, other	35955
than the titled owner of the home or vehicle, may stop the	35956
sheriff, police officer, constable, or bailiff from proceeding	35957
with the sale under this division by doing both of the following:	35958

(a) Commencing a proceeding to repossess the home or vehicle	35959
pursuant to Chapters 1309. and 1317. of the Revised Code;	35960

(b) Paying to the park operator all monthly rental payments	35961
for the lot on which the home or vehicle is located from the time	35962
of the issuance of the writ of execution until the time that the	35963
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	35964
the Revised Code.	35965

(7)(a) At any time prior to the day before the scheduled sale	35966
of the property pursuant to division (B)(3) of this section, the	35967
defendant may remove any personal property of the defendant from	35968
the abandoned home or vehicle or other place of storage.	35969

(b) If personal property owned by a person other than the	35970
defendant is abandoned on the residential premises and has not	35971
previously been removed, the owner of the personal property may	35972
remove the personal property from the abandoned home or vehicle or	35973
other place of storage up to the day before the scheduled sale of	35974
the property pursuant to division (B)(3) of this section upon	35975
presentation of proof of ownership of the property that is	35976
satisfactory to the sheriff, police officer, constable, or bailiff	35977
conducting the sale.	35978

Sec. 2101.026. (A) The probate court of Franklin county may	35979
accept funds or other program assistance from the board of	35980
alcohol, drug addiction, and mental health services of Franklin	35981
county or the Franklin county board of developmental disabilities.	35982
Any funds received by the probate court of Franklin county under	35983
this division shall be paid into the treasury of Franklin county	35984
and credited to a fund to be known as the Franklin county probate	35985
court mental health fund.	35986

(B) The moneys in the Franklin county probate court mental	35987
health fund shall be used for services to help ensure the	35988
treatment of any person who is under the care of the board of	35989
alcohol, drug addiction, and mental health services of Franklin	35990
county or the Franklin county board of developmental disabilities.	35991
These services include, but are not limited to, involuntary	35992
commitment proceedings and the establishment and management of	35993
adult guardianships, including all associated expenses, for wards	35994
who are under the care of the board of alcohol, drug addiction,	35995
and mental health services of Franklin county or the Franklin	35996
county board of developmental disabilities.	35997

(C) If the judge of the probate court of Franklin county	35998
determines that some of the moneys in the Franklin county probate	35999
court mental health fund are needed for the efficient operation of	36000
that court, the moneys may be used for the acquisition of	36001
equipment, the hiring and training of staff, community services	36002
programs, volunteer guardianship training services, the employment	36003
of magistrates, and other related services.	36004

Sec. 2101.08. The probate judge may appoint court reporters	36005
and fix their compensation in the manner provided for the court of	36006
common pleas in sections 2301.18 to ~~2301.26~~2301.25 of the Revised	36007
Code.	36008

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	36009
the probate court has exclusive jurisdiction:	36010

(a) To take the proof of wills and to admit to record	36011
authenticated copies of wills executed, proved, and allowed in the	36012
courts of any other state, territory, or country. If the probate	36013
judge is unavoidably absent, any judge of the court of common	36014
pleas may take proof of wills and approve bonds to be given, but	36015
the record of these acts shall be preserved in the usual records	36016
of the probate court.	36017

(b) To grant and revoke letters testamentary and of	36018
administration;	36019

(c) To direct and control the conduct and settle the accounts	36020
of executors and administrators and order the distribution of	36021
estates;	36022

(d) To appoint the attorney general to serve as the	36023
administrator of an estate pursuant to section 2113.06 of the	36024
Revised Code;	36025

(e) To appoint and remove guardians, conservators, and	36026
testamentary trustees, direct and control their conduct, and	36027
settle their accounts;	36028

(f) To grant marriage licenses;

36029

(g) To make inquests respecting persons who are so mentally	36030
impaired as a result of a mental or physical illness or	36031
disability, or mental retardation, or as a result of chronic	36032
substance abuse, that they are unable to manage their property and	36033
affairs effectively, subject to guardianship;	36034

(h) To qualify assignees, appoint and qualify trustees and	36035
commissioners of insolvents, control their conduct, and settle	36036
their accounts;	36037

(i) To authorize the sale of lands, equitable estates, or	36038
interests in lands or equitable estates, and the assignments of	36039
inchoate dower in such cases of sale, on petition by executors,	36040
administrators, and guardians;	36041

(j) To authorize the completion of real property contracts on	36042
petition of executors and administrators;	36043

(k) To construe wills;

36044

(l) To render declaratory judgments, including, but not	36045
limited to, those rendered pursuant to section 2107.084 of the	36046
Revised Code;	36047

(m) To direct and control the conduct of fiduciaries and	36048
settle their accounts;	36049

(n) To authorize the sale or lease of any estate created by	36050
will if the estate is held in trust, on petition by the trustee;	36051

(o) To terminate a testamentary trust in any case in which a	36052
court of equity may do so;	36053

(p) To hear and determine actions to contest the validity of	36054
wills;	36055

(q) To make a determination of the presumption of death of	36056
missing persons and to adjudicate the property rights and	36057
obligations of all parties affected by the presumption;	36058

(r) To hear and determine an action commenced pursuant to	36059
section 3107.41 of the Revised Code to obtain the release of	36060
information pertaining to the birth name of the adopted person and	36061
the identity of the adopted person's biological parents and	36062
biological siblings;	36063

(s) To act for and issue orders regarding wards pursuant to	36064
section 2111.50 of the Revised Code;	36065

(t) To hear and determine actions against sureties on the	36066
bonds of fiduciaries appointed by the probate court;	36067

(u) To hear and determine actions involving informed consent	36068
for medication of persons hospitalized pursuant to section	36069
5122.141 or 5122.15 of the Revised Code;	36070

(v) To hear and determine actions relating to durable powers	36071
of attorney for health care as described in division (D) of	36072
section 1337.16 of the Revised Code;	36073

(w) To hear and determine actions commenced by objecting	36074
individuals, in accordance with section 2133.05 of the Revised	36075
Code;	36076

(x) To hear and determine complaints that pertain to the use	36077
or continuation, or the withholding or withdrawal, of	36078
life-sustaining treatment in connection with certain patients	36079
allegedly in a terminal condition or in a permanently unconscious	36080
state pursuant to division (E) of section 2133.08 of the Revised	36081
Code, in accordance with that division;	36082

(y) To hear and determine applications that pertain to the	36083
withholding or withdrawal of nutrition and hydration from certain	36084
patients allegedly in a permanently unconscious state pursuant to	36085
section 2133.09 of the Revised Code, in accordance with that	36086
section;	36087

(z) To hear and determine applications of attending	36088
physicians in accordance with division (B) of section 2133.15 of	36089
the Revised Code;	36090

(aa) To hear and determine actions relative to the use or	36091
continuation of comfort care in connection with certain principals	36092
under durable powers of attorney for health care, declarants under	36093
declarations, or patients in accordance with division (E) of	36094
either section 1337.16 or 2133.12 of the Revised Code;	36095

(bb) To hear and determine applications for an order	36096
relieving an estate from administration under section 2113.03 of	36097
the Revised Code;	36098

(cc) To hear and determine applications for an order granting	36099
a summary release from administration under section 2113.031 of	36100
the Revised Code;	36101

(dd) To hear and determine actions relating to the exercise	36102
of the right of disposition, in accordance with section 2108.90 of	36103
the Revised Code;	36104

(ee) To hear and determine actions relating to the	36105
disinterment and reinterment of human remains under section 517.23	36106
of the Revised Code;	36107

(ff) To hear and determine petitions for an order for	36108
treatment of a person suffering from alcohol and other drug abuse	36109
filed under section ~~3793.34~~5119.93 of the Revised Code and to	36110
order treatment of that nature in accordance with, and take other	36111
actions afforded to the court under, sections ~~3793.31~~5119.90 to	36112
~~3793.39~~5119.98 of the Revised Code.	36113

(2) In addition to the exclusive jurisdiction conferred upon	36114
the probate court by division (A)(1) of this section, the probate	36115
court shall have exclusive jurisdiction over a particular subject	36116
matter if both of the following apply:	36117

(a) Another section of the Revised Code expressly confers	36118
jurisdiction over that subject matter upon the probate court.	36119

(b) No section of the Revised Code expressly confers	36120
jurisdiction over that subject matter upon any other court or	36121
agency.	36122

(B)(1) The probate court has concurrent jurisdiction with,	36123
and the same powers at law and in equity as, the general division	36124
of the court of common pleas to issue writs and orders, and to	36125
hear and determine actions as follows:	36126

(a) If jurisdiction relative to a particular subject matter	36127
is stated to be concurrent in a section of the Revised Code or has	36128
been construed by judicial decision to be concurrent, any action	36129
that involves that subject matter;	36130

(b) Any action that involves an inter vivos trust; a trust	36131
created pursuant to section 5815.28 of the Revised Code; a	36132
charitable trust or foundation; subject to divisions (A)(1)(u) and	36133
(z) of this section, a power of attorney, including, but not	36134
limited to, a durable power of attorney; the medical treatment of	36135
a competent adult; or a writ of habeas corpus;	36136

(c) Subject to section 2101.31 of the Revised Code, any	36137
action with respect to a probate estate, guardianship, trust, or	36138
post-death dispute that involves any of the following:	36139

(i) A designation or removal of a beneficiary of a life	36140
insurance policy, annuity contract, retirement plan, brokerage	36141
account, security account, bank account, real property, or	36142
tangible personal property;	36143

(ii) A designation or removal of a payable-on-death	36144
beneficiary or transfer-on-death beneficiary;	36145

(iii) A change in the title to any asset involving a joint	36146
and survivorship interest;	36147

(iv) An alleged gift;

36148

(v) The passing of assets upon the death of an individual	36149
otherwise than by will, intestate succession, or trust.	36150

(2) Any action that involves a concurrent jurisdiction	36151
subject matter and that is before the probate court may be	36152
transferred by the probate court, on its order, to the general	36153
division of the court of common pleas.	36154

(C) The probate court has plenary power at law and in equity	36155
to dispose fully of any matter that is properly before the court,	36156
unless the power is expressly otherwise limited or denied by a	36157
section of the Revised Code.	36158

(D) The jurisdiction acquired by a probate court over a	36159
matter or proceeding is exclusive of that of any other probate	36160
court, except when otherwise provided by law.	36161

Sec. 2108.05. (A) A donor may make an anatomical gift by	36162
doing any of the following:	36163

(1) Authorizing a statement or symbol to be imprinted on the	36164
donor's driver's license or identification card indicating that	36165
the donor has certified a willingness to make an anatomical gift;	36166

(2) Specifying in the donor's will an intent to make an	36167
anatomical gift;	36168

(3) Specifying an intent to make an anatomical gift in the	36169
donor's declaration as described in section 2133.16 of the Revised	36170
Code;	36171

(4) During a terminal illness or injury of the donor,	36172
communicating in any manner to a minimum of two adults, at least	36173
one of whom is a disinterested witness, that the donor intends to	36174
make an anatomical gift;	36175

(5) Following the procedure in division (B) of this section.

36176

(B) A donor or other person authorized to make an anatomical	36177
gift under section 2108.04 of the Revised Code may make a gift by	36178
a donor card or other record signed by the donor or other person	36179
making the gift or by authorizing that a statement or symbol	36180
indicating that the donor has certified a willingness to make an	36181
anatomical gift be included in a donor registry. If the donor or	36182
other person is physically unable to sign a record, the record may	36183
be signed by another individual at the direction of the donor or	36184
other person and shall do both of the following:	36185

(1) Be witnessed by at least two adults, at least one of whom	36186
is a disinterested witness, who have signed at the request of the	36187
donor or the other person;	36188

(2) State that it has been signed and witnessed as provided	36189
in division (B)(1) of this section.	36190

(C) Once a donor has authorized a statement or symbol to be	36191
imprinted on the donor's driver's license or identification card	36192
indicating that the donor has certified a willingness to make an	36193
anatomical gift, the donor does not need to recertify the donor's	36194
willingness to make an anatomical gift upon renewal of the	36195
driver's license or identification card. The authorization shall	36196
remain in effect until the donor withdraws that authorization.	36197

(D) Revocation, suspension, expiration, or cancellation of a	36198
driver's license or identification card upon which an anatomical	36199
gift is indicated does not invalidate the gift.	36200

~~(D)~~(E) An anatomical gift made by will takes effect on the	36201
donor's death whether or not the will is probated. Invalidation of	36202
the will after the donor's death does not invalidate the gift.	36203

Sec. 2113.041. (A) The administrator of the medicaid estate	36204
recovery program established pursuant to section ~~5111.11~~5162.21	36205
of the Revised Code may present an affidavit to a financial	36206
institution requesting that the financial institution release	36207
account proceeds to recover the cost of services correctly	36208
provided to a medicaid recipient who is subject to the medicaid	36209
estate recovery program. The affidavit shall include all of the	36210
following information:	36211

(1) The name of the decedent;

36212

(2) The name of any person who gave notice that the decedent	36213
was a medicaid recipient and that person's relationship to the	36214
decedent;	36215

(3) The name of the financial institution;

36216

(4) The account number;

36217

(5) A description of the claim for estate recovery;

36218

(6) The amount of funds to be recovered.

36219

(B) A financial institution may release account proceeds to	36220
the administrator of the medicaid estate recovery program if all	36221
of the following apply:	36222

(1) The decedent held an account at the financial institution	36223
that was in the decedent's name only.	36224

(2) No estate has been, and it is reasonable to assume that	36225
no estate will be, opened for the decedent.	36226

(3) The decedent has no outstanding debts known to the	36227
administrator of the medicaid estate recovery program.	36228

(4) The financial institution has received no objections or	36229
has determined that no valid objections to release of proceeds	36230
have been received.	36231

(C) If proceeds have been released pursuant to division (B)	36232
of this section and the department of ~~job and family services~~	36233
medicaid receives notice of a valid claim to the proceeds that has	36234
a higher priority under section 2117.25 of the Revised Code than	36235
the claim of the medicaid estate recovery program, the department	36236
may refund the proceeds to the financial institution or pay them	36237
to the person or government entity with the claim.	36238

Sec. 2113.06. (A) Administration of the estate of an	36239
intestate shall be granted to persons mentioned in this division,	36240
in the following order:	36241

(1) To the surviving spouse of the deceased, if resident of	36242
the state;	36243

(2) To one of the next of kin of the deceased, resident of	36244
the state.	36245

(B) If the persons entitled to administer the estate under	36246
division (A) of this section fail to take or renounce	36247
administration voluntarily, the matter shall be set for hearing	36248
and notice given to the persons.	36249

(C) If there are no persons entitled to administration, if	36250
they are for any reason unsuitable for the discharge of the trust,	36251
or if without sufficient cause they neglect to apply within a	36252
reasonable time for the administration of the estate, their right	36253
to priority shall be lost, and the court shall commit the	36254
administration to some suitable person who is a resident of the	36255
state, or to the attorney general or the attorney general's	36256
designee, if the department of ~~job and family services~~medicaid is	36257
seeking to recover ~~medical assistance~~the costs of medicaid	36258
services from the deceased pursuant to section ~~5111.11~~5162.21 or	36259
~~5111.111~~5162.211 of the Revised Code. The person granted	36260
administration may be a creditor of the estate.	36261

(D) This section applies to the appointment of an	36262
administrator de bonis non.	36263

Sec. 2117.061. (A) As used in this section:

36264

(1) "Medicaid estate recovery program" means the program	36265
instituted under section ~~5111.11~~5162.21 of the Revised Code.	36266

(2) "Person responsible for the estate" means the executor,	36267
administrator, commissioner, or person who filed pursuant to	36268
section 2113.03 of the Revised Code for release from	36269
administration of an estate.	36270

(B) The person responsible for the estate of a decedent	36271
subject to the medicaid estate recovery program or the estate of a	36272
decedent who was the spouse of a decedent subject to the medicaid	36273
estate recovery program shall submit a properly completed medicaid	36274
estate recovery notice form to the administrator of the medicaid	36275
estate recovery program not later than thirty days after the	36276
occurrence of any of the following:	36277

(1) The granting of letters of administration or letters	36278
testamentary;	36279

(2) The filing of an application for release from	36280
administration or summary release from administration.	36281

(C) The person responsible for the estate shall mark the	36282
appropriate box on the appropriate probate form that gives notice	36283
to the administrator of the medicaid estate recovery program to	36284
indicate compliance with the requirements of division (B) of this	36285
section.	36286

(D) The administrator of the medicaid estate recovery program	36287
shall present a claim for estate recovery to the person	36288
responsible for the estate of the decedent or the person's legal	36289
representative not later than ninety days after the date on which	36290
the medicaid estate recovery notice form is received under	36291
division (B) of this section or one year after the decedent's	36292
death, whichever is later.	36293

Sec. 2117.25. (A) Every executor or administrator shall	36294
proceed with diligence to pay the debts of the decedent and shall	36295
apply the assets in the following order:	36296

(1) Costs and expenses of administration;

36297

(2) An amount, not exceeding four thousand dollars, for	36298
funeral expenses that are included in the bill of a funeral	36299
director, funeral expenses other than those in the bill of a	36300
funeral director that are approved by the probate court, and an	36301
amount, not exceeding three thousand dollars, for burial and	36302
cemetery expenses, including that portion of the funeral	36303
director's bill allocated to cemetery expenses that have been paid	36304
to the cemetery by the funeral director.	36305

For purposes of division (A)(2) of this section, burial and	36306
cemetery expenses shall be limited to the following:	36307

(a) The purchase of a right of interment;

36308

(b) Monuments or other markers;

36309

36310

(d) The cost of opening and closing the place of interment;

36311

(e) The urn.

36312

(3) The allowance for support made to the surviving spouse,	36313
minor children, or both under section 2106.13 of the Revised Code;	36314

(4) Debts entitled to a preference under the laws of the	36315
United States;	36316

(5) Expenses of the last sickness of the decedent;

36317

(6) If the total bill of a funeral director for funeral	36318
expenses exceeds four thousand dollars, then, in addition to the	36319
amount described in division (A)(2) of this section, an amount,	36320
not exceeding two thousand dollars, for funeral expenses that are	36321
included in the bill and that exceed four thousand dollars;	36322

(7) Expenses of the decedent's last continuous stay in a	36323
nursing home as defined in section 3721.01 of the Revised Code,	36324
residential facility as defined in section 5123.19 of the Revised	36325
Code, or hospital long-term care unit as defined in section	36326
~~3721.50~~5168.40 of the Revised Code.	36327

For purposes of division (A)(7) of this section, a decedent's	36328
last ~~continuance~~continuous stay includes up to thirty consecutive	36329
days during which the decedent was temporarily absent from the	36330
nursing home, residential facility, or hospital long-term care	36331
unit.	36332

(8) Personal property taxes, claims made under the medicaid	36333
estate recovery program instituted pursuant to section ~~5111.11~~	36334
5162.21 of the Revised Code, and obligations for which the	36335
decedent was personally liable to the state or any of its	36336
subdivisions;	36337

(9) Debts for manual labor performed for the decedent within	36338
twelve months preceding the decedent's death, not exceeding three	36339
hundred dollars to any one person;	36340

(10) Other debts for which claims have been presented and	36341
finally allowed.	36342

(B) The part of the bill of a funeral director that exceeds	36343
the total of six thousand dollars as described in divisions (A)(2)	36344
and (6) of this section, and the part of a claim included in	36345
division (A)(9) of this section that exceeds three hundred dollars	36346
shall be included as a debt under division (A)(10) of this	36347
section, depending upon the time when the claim for the additional	36348
amount is presented.	36349

(C) Any natural person or fiduciary who pays a claim of any	36350
creditor described in division (A) of this section shall be	36351
subrogated to the rights of that creditor proportionate to the	36352
amount of the payment and shall be entitled to reimbursement for	36353
that amount in accordance with the priority of payments set forth	36354
in that division.	36355

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	36356
to the manner in which and the time within which claims shall be	36357
presented, shall apply to claims set forth in divisions (A)(2),	36358
(6), and (9) of this section. Claims for an expense of	36359
administration or for the allowance for support need not be	36360
presented. The executor or administrator shall pay debts included	36361
in divisions (A)(4) and (8) of this section, of which the executor	36362
or administrator has knowledge, regardless of presentation.	36363

(2) The giving of written notice to an executor or	36364
administrator of a motion or application to revive an action	36365
pending against the decedent at the date of death shall be	36366
equivalent to the presentation of a claim to the executor or	36367
administrator for the purpose of determining the order of payment	36368
of any judgment rendered or decree entered in such an action.	36369

(E) No payments shall be made to creditors of one class until	36370
all those of the preceding class are fully paid or provided for.	36371
If the assets are insufficient to pay all the claims of one class,	36372
the creditors of that class shall be paid ratably.	36373

(F) If it appears at any time that the assets have been	36374
exhausted in paying prior or preferred charges, allowances, or	36375
claims, those payments shall be a bar to an action on any claim	36376
not entitled to that priority or preference.	36377

Sec. 2133.01. Unless the context otherwise requires, as used	36378
in sections 2133.01 to 2133.15 of the Revised Code:	36379

(A) "Adult" means an individual who is eighteen years of age	36380
or older.	36381

(B) "Attending physician" means the physician to whom a	36382
declarant or other patient, or the family of a declarant or other	36383
patient, has assigned primary responsibility for the treatment or	36384
care of the declarant or other patient, or, if the responsibility	36385
has not been assigned, the physician who has accepted that	36386
responsibility.	36387

36388

(1) Nutrition when administered to diminish the pain or	36389
discomfort of a declarant or other patient, but not to postpone	36390
the declarant's or other patient's death;	36391

(2) Hydration when administered to diminish the pain or	36392
discomfort of a declarant or other patient, but not to postpone	36393
the declarant's or other patient's death;	36394

(3) Any other medical or nursing procedure, treatment,	36395
intervention, or other measure that is taken to diminish the pain	36396
or discomfort of a declarant or other patient, but not to postpone	36397
the declarant's or other patient's death.	36398

(D) "Consulting physician" means a physician who, in	36399
conjunction with the attending physician of a declarant or other	36400
patient, makes one or more determinations that are required to be	36401
made by the attending physician, or to be made by the attending	36402
physician and one other physician, by an applicable provision of	36403
this chapter, to a reasonable degree of medical certainty and in	36404
accordance with reasonable medical standards.	36405

(E) "Declarant" means any adult who has executed a	36406
declaration in accordance with section 2133.02 of the Revised	36407
Code.	36408

(F) "Declaration" means a written document executed in	36409
accordance with section 2133.02 of the Revised Code.	36410

(G) "Durable power of attorney for health care" means a	36411
document created pursuant to sections 1337.11 to 1337.17 of the	36412
Revised Code.	36413

(H) "Guardian" means a person appointed by a probate court	36414
pursuant to Chapter 2111. of the Revised Code to have the care and	36415
management of the person of an incompetent.	36416

(I) "Health care facility" means any of the following:

36417

(1) A hospital;

36418

(2) A hospice care program, pediatric respite care program,	36419
or other institution that specializes in comfort care of patients	36420
in a terminal condition or in a permanently unconscious state;	36421

(3) A nursing home or residential care facility, as defined	36422
in section 3721.01 of the Revised Code;	36423

(4) A home health agency and any residential facility where a	36424
person is receiving care under the direction of a home health	36425
agency;	36426

(5) An intermediate care facility for ~~the mentally retarded~~	36427
individuals with intellectual disabilities.	36428

(J) "Health care personnel" means physicians, nurses,	36429
physician assistants, emergency medical technicians-basic,	36430
emergency medical technicians-intermediate, emergency medical	36431
technicians-paramedic, medical technicians, dietitians, other	36432
authorized persons acting under the direction of an attending	36433
physician, and administrators of health care facilities.	36434

(K) "Home health agency" has the same meaning as in section	36435
3701.881 of the Revised Code.	36436

(L) "Hospice care program" and "pediatric respite care	36437
program" have the same meanings as in section 3712.01 of the	36438
Revised Code.	36439

(M) "Hospital" has the same meanings as in sections 3701.01,	36440
3727.01, and 5122.01 of the Revised Code.	36441

(N) "Hydration" means fluids that are artificially or	36442
technologically administered.	36443

(O) "Incompetent" has the same meaning as in section 2111.01	36444
of the Revised Code.	36445

(P) "Intermediate care facility for the ~~mentally retarded~~	36446
individuals with intellectual disabilities" has the same meaning	36447
as in section ~~5111.20~~5124.01 of the Revised Code.	36448

(Q) "Life-sustaining treatment" means any medical procedure,	36449
treatment, intervention, or other measure that, when administered	36450
to a qualified patient or other patient, will serve principally to	36451
prolong the process of dying.	36452

(R) "Nurse" means a person who is licensed to practice	36453
nursing as a registered nurse or to practice practical nursing as	36454
a licensed practical nurse pursuant to Chapter 4723. of the	36455
Revised Code.	36456

(S) "Nursing home" has the same meaning as in section 3721.01	36457
of the Revised Code.	36458

(T) "Nutrition" means sustenance that is artificially or	36459
technologically administered.	36460

(U) "Permanently unconscious state" means a state of	36461
permanent unconsciousness in a declarant or other patient that, to	36462
a reasonable degree of medical certainty as determined in	36463
accordance with reasonable medical standards by the declarant's or	36464
other patient's attending physician and one other physician who	36465
has examined the declarant or other patient, is characterized by	36466
both of the following:	36467

(1) Irreversible unawareness of one's being and environment.

36468

(2) Total loss of cerebral cortical functioning, resulting in	36469
the declarant or other patient having no capacity to experience	36470
pain or suffering.	36471

(V) "Person" has the same meaning as in section 1.59 of the	36472
Revised Code and additionally includes political subdivisions and	36473
governmental agencies, boards, commissions, departments,	36474
institutions, offices, and other instrumentalities.	36475

(W) "Physician" means a person who is authorized under	36476
Chapter 4731. of the Revised Code to practice medicine and surgery	36477
or osteopathic medicine and surgery.	36478

(X) "Political subdivision" and "state" have the same	36479
meanings as in section 2744.01 of the Revised Code.	36480

(Y) "Professional disciplinary action" means action taken by	36481
the board or other entity that regulates the professional conduct	36482
of health care personnel, including the state medical board and	36483
the board of nursing.	36484

(Z) "Qualified patient" means an adult who has executed a	36485
declaration and has been determined to be in a terminal condition	36486
or in a permanently unconscious state.	36487

(AA) "Terminal condition" means an irreversible, incurable,	36488
and untreatable condition caused by disease, illness, or injury	36489
from which, to a reasonable degree of medical certainty as	36490
determined in accordance with reasonable medical standards by a	36491
declarant's or other patient's attending physician and one other	36492
physician who has examined the declarant or other patient, both of	36493
the following apply:	36494

(1) There can be no recovery.

36495

(2) Death is likely to occur within a relatively short time	36496
if life-sustaining treatment is not administered.	36497

(BB) "Tort action" means a civil action for damages for	36498
injury, death, or loss to person or property, other than a civil	36499
action for damages for breach of a contract or another agreement	36500
between persons.	36501

Sec. 2133.25. (A) The department of health, by rule adopted	36502
pursuant to Chapter 119. of the Revised Code, shall adopt a	36503
standardized method of procedure for the withholding of CPR by	36504
physicians, emergency medical services personnel, and health care	36505
facilities in accordance with sections 2133.21 to 2133.26 of the	36506
Revised Code. The standardized method shall specify criteria for	36507
determining when a do-not-resuscitate order issued by a physician	36508
is current. The standardized method so adopted shall be the	36509
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	36510
2133.26 of the Revised Code. The department also shall approve one	36511
or more standard forms of DNR identification to be used throughout	36512
this state.	36513

(B) The department of health shall adopt rules in accordance	36514
with Chapter 119. of the Revised Code for the administration of	36515
sections 2133.21 to 2133.26 of the Revised Code.	36516

(C) The department of health shall appoint an advisory	36517
committee to advise the department in the development of rules	36518
under this section. The advisory committee shall include, but	36519
shall not be limited to, representatives of each of the following	36520
organizations:	36521

(1) The association for hospitals and health systems (OHA);

36522

(2) The Ohio state medical association;

36523

(3) The Ohio chapter of the American college of emergency	36524
physicians;	36525

(4) The Ohio hospice organization;

36526

(5) The Ohio council for home care;

36527

(6) The Ohio health care association;

36528

(7) The Ohio ambulance association;

36529

(8) The Ohio medical directors association;

36530

(9) The Ohio association of emergency medical services;

36531

(10) The bioethics network of Ohio;

36532

(11) The Ohio nurses association;

36533

(12) The Ohio academy of nursing homes;

36534

(13) The Ohio association of professional firefighters;

36535

(14) The department of developmental disabilities;

36536

(15) The Ohio osteopathic association;

36537

(16) The association of Ohio philanthropic homes, housing and	36538
services for the aging;	36539

(17) The catholic conference of Ohio;

36540

(18) The department of aging;

36541

(19) The department of ~~mental health~~mental health and	36542
addiction services;	36543

(20) The Ohio private residential association;

36544

(21) The northern Ohio fire fighters association.

36545

Sec. 2151.011. (A) As used in the Revised Code:

36546

(1) "Juvenile court" means whichever of the following is	36547
applicable that has jurisdiction under this chapter and Chapter	36548
2152. of the Revised Code:	36549

(a) The division of the court of common pleas specified in	36550
section 2101.022 or 2301.03 of the Revised Code as having	36551
jurisdiction under this chapter and Chapter 2152. of the Revised	36552
Code or as being the juvenile division or the juvenile division	36553
combined with one or more other divisions;	36554

(b) The juvenile court of Cuyahoga county or Hamilton county	36555
that is separately and independently created by section 2151.08 or	36556
Chapter 2153. of the Revised Code and that has jurisdiction under	36557
this chapter and Chapter 2152. of the Revised Code;	36558

(c) If division (A)(1)(a) or (b) of this section does not	36559
apply, the probate division of the court of common pleas.	36560

(2) "Juvenile judge" means a judge of a court having	36561
jurisdiction under this chapter.	36562

(3) "Private child placing agency" means any association, as	36563
defined in section 5103.02 of the Revised Code, that is certified	36564
under section 5103.03 of the Revised Code to accept temporary,	36565
permanent, or legal custody of children and place the children for	36566
either foster care or adoption.	36567

(4) "Private noncustodial agency" means any person,	36568
organization, association, or society certified by the department	36569
of job and family services that does not accept temporary or	36570
permanent legal custody of children, that is privately operated in	36571
this state, and that does one or more of the following:	36572

(a) Receives and cares for children for two or more	36573
consecutive weeks;	36574

(b) Participates in the placement of children in certified	36575
foster homes;	36576

(c) Provides adoption services in conjunction with a public	36577
children services agency or private child placing agency.	36578

(B) As used in this chapter:

36579

(1) "Adequate parental care" means the provision by a child's	36580
parent or parents, guardian, or custodian of adequate food,	36581
clothing, and shelter to ensure the child's health and physical	36582
safety and the provision by a child's parent or parents of	36583
specialized services warranted by the child's physical or mental	36584
needs.	36585

(2) "Adult" means an individual who is eighteen years of age	36586
or older.	36587

(3) "Agreement for temporary custody" means a voluntary	36588
agreement authorized by section 5103.15 of the Revised Code that	36589
transfers the temporary custody of a child to a public children	36590
services agency or a private child placing agency.	36591

(4) "Alternative response" means the public children services	36592
agency's response to a report of child abuse or neglect that	36593
engages the family in a comprehensive evaluation of child safety,	36594
risk of subsequent harm, and family strengths and needs and that	36595
does not include a determination as to whether child abuse or	36596
neglect occurred.	36597

(5) "Certified foster home" means a foster home, as defined	36598
in section 5103.02 of the Revised Code, certified under section	36599
5103.03 of the Revised Code.	36600

(6) "Child" means a person who is under eighteen years of	36601
age, except that the juvenile court has jurisdiction over any	36602
person who is adjudicated an unruly child prior to attaining	36603
eighteen years of age until the person attains twenty-one years of	36604
age, and, for purposes of that jurisdiction related to that	36605
adjudication, a person who is so adjudicated an unruly child shall	36606
be deemed a "child" until the person attains twenty-one years of	36607
age.	36608

(7) "Child day camp," "child care," "child day-care center,"	36609
"part-time child day-care center," "type A family day-care home,"	36610
"certified type B family day-care home," "type B home,"	36611
"administrator of a child day-care center," "administrator of a	36612
type A family day-care home," "in-home aide," and "authorized	36613
provider" have the same meanings as in section 5104.01 of the	36614
Revised Code.	36615

(8) "Child care provider" means an individual who is a	36616
child-care staff member or administrator of a child day-care	36617
center, a type A family day-care home, or a type B family day-care	36618
home, or an in-home aide or an individual who is licensed, is	36619
regulated, is approved, operates under the direction of, or	36620
otherwise is certified by the department of job and family	36621
services, department of developmental disabilities, or the early	36622
childhood programs of the department of education.	36623

(9) "Chronic truant" has the same meaning as in section	36624
2152.02 of the Revised Code.	36625

(10) "Commit" means to vest custody as ordered by the court.

36626

(11) "Counseling" includes both of the following:

36627

(a) General counseling services performed by a public	36628
children services agency or shelter for victims of domestic	36629
violence to assist a child, a child's parents, and a child's	36630
siblings in alleviating identified problems that may cause or have	36631
caused the child to be an abused, neglected, or dependent child.	36632

(b) Psychiatric or psychological therapeutic counseling	36633
services provided to correct or alleviate any mental or emotional	36634
illness or disorder and performed by a licensed psychiatrist,	36635
licensed psychologist, or a person licensed under Chapter 4757. of	36636
the Revised Code to engage in social work or professional	36637
counseling.	36638

(12) "Custodian" means a person who has legal custody of a	36639
child or a public children services agency or private child	36640
placing agency that has permanent, temporary, or legal custody of	36641
a child.	36642

(13) "Delinquent child" has the same meaning as in section	36643
2152.02 of the Revised Code.	36644

(14) "Detention" means the temporary care of children pending	36645
court adjudication or disposition, or execution of a court order,	36646
in a public or private facility designed to physically restrict	36647
the movement and activities of children.	36648

(15) "Developmental disability" has the same meaning as in	36649
section 5123.01 of the Revised Code.	36650

(16) "Differential response approach" means an approach that	36651
a public children services agency may use to respond to accepted	36652
reports of child abuse or neglect with either an alternative	36653
response or a traditional response.	36654

(17) "Foster caregiver" has the same meaning as in section	36655
5103.02 of the Revised Code.	36656

(18) "Guardian" means a person, association, or corporation	36657
that is granted authority by a probate court pursuant to Chapter	36658
2111. of the Revised Code to exercise parental rights over a child	36659
to the extent provided in the court's order and subject to the	36660
residual parental rights of the child's parents.	36661

(19) "Habitual truant" means any child of compulsory school	36662
age who is absent without legitimate excuse for absence from the	36663
public school the child is supposed to attend for five or more	36664
consecutive school days, seven or more school days in one school	36665
month, or twelve or more school days in a school year.	36666

(20) "Juvenile traffic offender" has the same meaning as in	36667
section 2152.02 of the Revised Code.	36668

(21) "Legal custody" means a legal status that vests in the	36669
custodian the right to have physical care and control of the child	36670
and to determine where and with whom the child shall live, and the	36671
right and duty to protect, train, and discipline the child and to	36672
provide the child with food, shelter, education, and medical care,	36673
all subject to any residual parental rights, privileges, and	36674
responsibilities. An individual granted legal custody shall	36675
exercise the rights and responsibilities personally unless	36676
otherwise authorized by any section of the Revised Code or by the	36677
court.	36678

(22) A "legitimate excuse for absence from the public school	36679
the child is supposed to attend" includes, but is not limited to,	36680
any of the following:	36681

(a) The fact that the child in question has enrolled in and	36682
is attending another public or nonpublic school in this or another	36683
state;	36684

(b) The fact that the child in question is excused from	36685
attendance at school for any of the reasons specified in section	36686
3321.04 of the Revised Code;	36687

(c) The fact that the child in question has received an age	36688
and schooling certificate in accordance with section 3331.01 of	36689
the Revised Code.	36690

(23) "Mental illness" and "mentally ill person subject to	36691
hospitalization by court order" have the same meanings as in	36692
section 5122.01 of the Revised Code.	36693

(24) "Mental injury" means any behavioral, cognitive,	36694
emotional, or mental disorder in a child caused by an act or	36695
omission that is described in section 2919.22 of the Revised Code	36696
and is committed by the parent or other person responsible for the	36697
child's care.	36698

(25) "Mentally retarded person" has the same meaning as in	36699
section 5123.01 of the Revised Code.	36700

(26) "Nonsecure care, supervision, or training" means care,	36701
supervision, or training of a child in a facility that does not	36702
confine or prevent movement of the child within the facility or	36703
from the facility.	36704

(27) "Of compulsory school age" has the same meaning as in	36705
section 3321.01 of the Revised Code.	36706

(28) "Organization" means any institution, public,	36707
semipublic, or private, and any private association, society, or	36708
agency located or operating in the state, incorporated or	36709
unincorporated, having among its functions the furnishing of	36710
protective services or care for children, or the placement of	36711
children in certified foster homes or elsewhere.	36712

(29) "Out-of-home care" means detention facilities, shelter	36713
facilities, certified children's crisis care facilities, certified	36714
foster homes, placement in a prospective adoptive home prior to	36715
the issuance of a final decree of adoption, organizations,	36716
certified organizations, child day-care centers, type A family	36717
day-care homes, child care provided by type B family day-care home	36718
providers and by in-home aides, group home providers, group homes,	36719
institutions, state institutions, residential facilities,	36720
residential care facilities, residential camps, day camps, public	36721
schools, chartered nonpublic schools, educational service centers,	36722
hospitals, and medical clinics that are responsible for the care,	36723
physical custody, or control of children.	36724

(30) "Out-of-home care child abuse" means any of the	36725
following when committed by a person responsible for the care of a	36726
child in out-of-home care:	36727

(a) Engaging in sexual activity with a child in the person's	36728
care;	36729

(b) Denial to a child, as a means of punishment, of proper or	36730
necessary subsistence, education, medical care, or other care	36731
necessary for a child's health;	36732

(c) Use of restraint procedures on a child that cause injury	36733
or pain;	36734

(d) Administration of prescription drugs or psychotropic	36735
medication to the child without the written approval and ongoing	36736
supervision of a licensed physician;	36737

(e) Commission of any act, other than by accidental means,	36738
that results in any injury to or death of the child in out-of-home	36739
care or commission of any act by accidental means that results in	36740
an injury to or death of a child in out-of-home care and that is	36741
at variance with the history given of the injury or death.	36742

(31) "Out-of-home care child neglect" means any of the	36743
following when committed by a person responsible for the care of a	36744
child in out-of-home care:	36745

(a) Failure to provide reasonable supervision according to	36746
the standards of care appropriate to the age, mental and physical	36747
condition, or other special needs of the child;	36748

(b) Failure to provide reasonable supervision according to	36749
the standards of care appropriate to the age, mental and physical	36750
condition, or other special needs of the child, that results in	36751
sexual or physical abuse of the child by any person;	36752

36753

(i) Administration of prescription drugs or psychotropic	36754
drugs for the child;	36755

(ii) Assuring that the instructions of the licensed physician	36756
who prescribed a drug for the child are followed;	36757

(iii) Reporting to the licensed physician who prescribed the	36758
drug all unfavorable or dangerous side effects from the use of the	36759
drug.	36760

(d) Failure to provide proper or necessary subsistence,	36761
education, medical care, or other individualized care necessary	36762
for the health or well-being of the child;	36763

(e) Confinement of the child to a locked room without	36764
monitoring by staff;	36765

(f) Failure to provide ongoing security for all prescription	36766
and nonprescription medication;	36767

(g) Isolation of a child for a period of time when there is	36768
substantial risk that the isolation, if continued, will impair or	36769
retard the mental health or physical well-being of the child.	36770

(32) "Permanent custody" means a legal status that vests in a	36771
public children services agency or a private child placing agency,	36772
all parental rights, duties, and obligations, including the right	36773
to consent to adoption, and divests the natural parents or	36774
adoptive parents of all parental rights, privileges, and	36775
obligations, including all residual rights and obligations.	36776

(33) "Permanent surrender" means the act of the parents or,	36777
if a child has only one parent, of the parent of a child, by a	36778
voluntary agreement authorized by section 5103.15 of the Revised	36779
Code, to transfer the permanent custody of the child to a public	36780
children services agency or a private child placing agency.	36781

(34) "Person" means an individual, association, corporation,	36782
or partnership and the state or any of its political subdivisions,	36783
departments, or agencies.	36784

(35) "Person responsible for a child's care in out-of-home	36785
care" means any of the following:	36786

(a) Any foster caregiver, in-home aide, or provider;

36787

(b) Any administrator, employee, or agent of any of the	36788
following: a public or private detention facility; shelter	36789
facility; certified children's crisis care facility; organization;	36790
certified organization; child day-care center; type A family	36791
day-care home; certified type B family day-care home; group home;	36792
institution; state institution; residential facility; residential	36793
care facility; residential camp; day camp; school district;	36794
community school; chartered nonpublic school; educational service	36795
center; hospital; or medical clinic;	36796

(c) Any person who supervises or coaches children as part of	36797
an extracurricular activity sponsored by a school district, public	36798
school, or chartered nonpublic school;	36799

(d) Any other person who performs a similar function with	36800
respect to, or has a similar relationship to, children.	36801

(36) "Physically impaired" means having one or more of the	36802
following conditions that substantially limit one or more of an	36803
individual's major life activities, including self-care, receptive	36804
and expressive language, learning, mobility, and self-direction:	36805

(a) A substantial impairment of vision, speech, or hearing;

36806

(b) A congenital orthopedic impairment;

36807

(c) An orthopedic impairment caused by disease, rheumatic	36808
fever or any other similar chronic or acute health problem, or	36809
amputation or another similar cause.	36810

(37) "Placement for adoption" means the arrangement by a	36811
public children services agency or a private child placing agency	36812
with a person for the care and adoption by that person of a child	36813
of whom the agency has permanent custody.	36814

(38) "Placement in foster care" means the arrangement by a	36815
public children services agency or a private child placing agency	36816
for the out-of-home care of a child of whom the agency has	36817
temporary custody or permanent custody.	36818

(39) "Planned permanent living arrangement" means an order of	36819
a juvenile court pursuant to which both of the following apply:	36820

(a) The court gives legal custody of a child to a public	36821
children services agency or a private child placing agency without	36822
the termination of parental rights.	36823

(b) The order permits the agency to make an appropriate	36824
placement of the child and to enter into a written agreement with	36825
a foster care provider or with another person or agency with whom	36826
the child is placed.	36827

(40) "Practice of social work" and "practice of professional	36828
counseling" have the same meanings as in section 4757.01 of the	36829
Revised Code.	36830

(41) "Sanction, service, or condition" means a sanction,	36831
service, or condition created by court order following an	36832
adjudication that a child is an unruly child that is described in	36833
division (A)(4) of section 2152.19 of the Revised Code.	36834

(42) "Protective supervision" means an order of disposition	36835
pursuant to which the court permits an abused, neglected,	36836
dependent, or unruly child to remain in the custody of the child's	36837
parents, guardian, or custodian and stay in the child's home,	36838
subject to any conditions and limitations upon the child, the	36839
child's parents, guardian, or custodian, or any other person that	36840
the court prescribes, including supervision as directed by the	36841
court for the protection of the child.	36842

(43) "Psychiatrist" has the same meaning as in section	36843
5122.01 of the Revised Code.	36844

(44) "Psychologist" has the same meaning as in section	36845
4732.01 of the Revised Code.	36846

(45) "Residential camp" means a program in which the care,	36847
physical custody, or control of children is accepted overnight for	36848
recreational or recreational and educational purposes.	36849

(46) "Residential care facility" means an institution,	36850
residence, or facility that is licensed by the department of	36851
~~mental health~~mental health and addiction services under section	36852
~~5119.22~~5119.34 of the Revised Code and that provides care for a	36853
child.	36854

(47) "Residential facility" means a home or facility that is	36855
licensed by the department of developmental disabilities under	36856
section 5123.19 of the Revised Code and in which a child with a	36857
developmental disability resides.	36858

(48) "Residual parental rights, privileges, and	36859
responsibilities" means those rights, privileges, and	36860
responsibilities remaining with the natural parent after the	36861
transfer of legal custody of the child, including, but not	36862
necessarily limited to, the privilege of reasonable visitation,	36863
consent to adoption, the privilege to determine the child's	36864
religious affiliation, and the responsibility for support.	36865

(49) "School day" means the school day established by the	36866
state board of education pursuant to section 3313.48 of the	36867
Revised Code.	36868

(50) "School month" and "school year" have the same meanings	36869
as in section 3313.62 of the Revised Code.	36870

(51) "Secure correctional facility" means a facility under	36871
the direction of the department of youth services that is designed	36872
to physically restrict the movement and activities of children and	36873
used for the placement of children after adjudication and	36874
disposition.	36875

(52) "Sexual activity" has the same meaning as in section	36876
2907.01 of the Revised Code.	36877

(53) "Shelter" means the temporary care of children in	36878
physically unrestricted facilities pending court adjudication or	36879
disposition.	36880

(54) "Shelter for victims of domestic violence" has the same	36881
meaning as in section 3113.33 of the Revised Code.	36882

(55) "Temporary custody" means legal custody of a child who	36883
is removed from the child's home, which custody may be terminated	36884
at any time at the discretion of the court or, if the legal	36885
custody is granted in an agreement for temporary custody, by the	36886
person who executed the agreement.	36887

(56) "Traditional response" means a public children services	36888
agency's response to a report of child abuse or neglect that	36889
encourages engagement of the family in a comprehensive evaluation	36890
of the child's current and future safety needs and a fact-finding	36891
process to determine whether child abuse or neglect occurred and	36892
the circumstances surrounding the alleged harm or risk of harm.	36893

(C) For the purposes of this chapter, a child shall be	36894
presumed abandoned when the parents of the child have failed to	36895
visit or maintain contact with the child for more than ninety	36896
days, regardless of whether the parents resume contact with the	36897
child after that period of ninety days.	36898

Sec. 2151.3514. (A) As used in this section:

36899

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	36900
provider" has the same meaning as in section ~~3793.01~~5119.01 of	36901
the Revised Code;	36902

(2) "Chemical dependency" means either of the following:

36903

(a) The chronic and habitual use of alcoholic beverages to	36904
the extent that the user no longer can control the use of alcohol	36905
or endangers the user's health, safety, or welfare or that of	36906
others;	36907

(b) The use of a drug of abuse to the extent that the user	36908
becomes physically or psychologically dependent on the drug or	36909
endangers the user's health, safety, or welfare or that of others.	36910

(3) "Drug of abuse" has the same meaning as in section	36911
3719.011 of the Revised Code.	36912

~~(4) "Medicaid" means the program established under Chapter~~	36913
~~5111. of the Revised Code.~~	36914

(B) If the juvenile court issues an order of temporary	36915
custody or protective supervision under division (A) of section	36916
2151.353 of the Revised Code with respect to a child adjudicated	36917
to be an abused, neglected, or dependent child and the alcohol or	36918
other drug addiction of a parent or other caregiver of the child	36919
was the basis for the adjudication of abuse, neglect, or	36920
dependency, the court shall issue an order requiring the parent or	36921
other caregiver to submit to an assessment and, if needed,	36922
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	36923
services provider certified by the department of ~~alcohol and drug~~	36924
~~addiction services~~mental health and addiction services. The court	36925
may order the parent or other caregiver to submit to alcohol or	36926
other drug testing during, after, or both during and after, the	36927
treatment. The court shall send any order issued pursuant to this	36928
division to the public children services agency that serves the	36929
county in which the court is located for use as described in	36930
section 340.15 of the Revised Code.	36931

(C) Any order requiring alcohol or other drug testing that is	36932
issued pursuant to division (B) of this section shall require one	36933
alcohol or other drug test to be conducted each month during a	36934
period of twelve consecutive months beginning the month	36935
immediately following the month in which the order for alcohol or	36936
other drug testing is issued. Arrangements for administering the	36937
alcohol or other drug tests, as well as funding the costs of the	36938
tests, shall be locally determined in accordance with sections	36939
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	36940
other caregiver required to submit to alcohol or other drug tests	36941
under this section is not a recipient of medicaid, the agency that	36942
refers the parent or caregiver for the tests may require the	36943
parent or caregiver to reimburse the agency for the cost of	36944
conducting the tests.	36945

(D) The certified ~~alcohol and drug~~community addiction	36946
~~program~~services provider that conducts any alcohol or other drug	36947
tests ordered in accordance with divisions (B) and (C) of this	36948
section shall send the results of the tests, along with the	36949
~~program's~~provider's recommendations as to the benefits of	36950
continued treatment, to the court and to the public children	36951
services agency providing services to the involved family,	36952
according to federal regulations set forth in 42 C.F.R. Part 2,	36953
and division (B) of section 340.15 of the Revised Code. The court	36954
shall consider the results and the recommendations sent to it	36955
under this division in any adjudication or review by the court,	36956
according to section 2151.353, 2151.414, or 2151.419 of the	36957
Revised Code.	36958

Sec. 2151.362. (A)(1) In the manner prescribed by division	36959
(C)(1) or (2) of section 3313.64 of the Revised Code, as	36960
applicable, the court, at the time of making any order that	36961
removes a child from the child's own home or that vests legal or	36962
permanent custody of the child in a person other than the child's	36963
parent or a government agency, shall determine the school district	36964
that is to bear the cost of educating the child. The court shall	36965
make the determination a part of the order that provides for the	36966
child's placement or commitment. That school district shall bear	36967
the cost of educating the child unless and until the department of	36968
education determines that a different district shall be	36969
responsible for bearing that cost pursuant to division (A)(2) of	36970
this section. The court's order shall state that the determination	36971
of which school district is responsible to bear the cost of	36972
educating the child is subject to re-determination by the	36973
department pursuant to that division.	36974

(2) If, while the child is in the custody of a person other	36975
than the child's parent or a government agency, the department of	36976
education determines that the place of residence of the child's	36977
parent has changed since the court issued its initial order, the	36978
department may name a different school district to bear the cost	36979
of educating the child. The department shall make this new	36980
determination, and any future determinations, based on evidence	36981
received from the school district currently responsible to bear	36982
the cost of educating the child. If the department finds that the	36983
evidence demonstrates to its satisfaction that the residence of	36984
the child's parent has changed since the court issued its initial	36985
order under division (A)(1) of this section, or since the	36986
department last made a determination under division (A)(2) of this	36987
section, the department shall name the district in which the	36988
child's parent currently resides or, if the parent's residence is	36989
not known, the district in which the parent's last known residence	36990
is located. If the department cannot determine any Ohio district	36991
in which the parent currently resides or has resided, the school	36992
district designated in the initial court order under division	36993
(A)(1) of this section, or in the most recent determination made	36994
by the department under division (A)(2) of this section, shall	36995
continue to bear the cost of educating the child.	36996

(B) Whenever a child is placed in a detention facility	36997
established under section 2152.41 of the Revised Code or a	36998
juvenile facility established under section 2151.65 of the Revised	36999
Code, the facility shall be responsible for coordinating the	37000
education of the child. The facility may take any of the following	37001
measures in coordinating the education of the child:	37002

(1) If applicable, use the chartered nonpublic school that	37003
the facility operates;	37004

(2) Arrange with the school district responsible for bearing	37005
the cost of educating the child determined under division (A) of	37006
this section, for the facility to educate the child on its own;	37007

(3) Contract with an educational service center for the	37008
service center to educate the child;	37009

(4) Contract with the school district in which the facility	37010
is located for that school district to educate the child;	37011

(5) If the child is enrolled in an internet- or	37012
computer-based community school established under Chapter 3314. of	37013
the Revised Code, and provided that the facility possesses the	37014
necessary hardware, software, and internet connectivity, permit	37015
continued instruction of the child by the internet- or	37016
computer-based community school.	37017

If the facility coordinates the education of the child	37018
pursuant to division (B)(1), (2), (3), or (4) of this section,	37019
child's school district as determined by the court or the	37020
department, in the same manner as prescribed in division (A) of	37021
this section, shall pay the cost of educating the child based on	37022
the per capita cost of the educational facility within the	37023
detention home or juvenile facility.	37024

If the facility coordinates the education of the child	37025
pursuant to division (B)(5) of this section, payment for the cost	37026
of educating the child shall be made only as provided in division	37027
(C) of section 3314.08 of the Revised Code.	37028

(C) Whenever a child is placed by the court in a private	37029
institution, school, or residential treatment center or any other	37030
private facility, the state shall pay to the court a subsidy to	37031
help defray the expense of educating the child in an amount equal	37032
to the product of the daily per capita educational cost of the	37033
private facility, as determined pursuant to this section, and the	37034
number of days the child resides at the private facility, provided	37035
that the subsidy shall not exceed twenty-five hundred dollars per	37036
year per child. The daily per capita educational cost of a private	37037
facility shall be determined by dividing the actual program cost	37038
of the private facility or twenty-five hundred dollars, whichever	37039
is less, by three hundred sixty-five days or by three hundred	37040
sixty-six days for years that include February twenty-ninth. The	37041
state shall pay seventy-five per cent of the total subsidy for	37042
each year quarterly to the court. The state may adjust the	37043
remaining twenty-five per cent of the total subsidy to be paid to	37044
the court for each year to an amount that is less than twenty-five	37045
per cent of the total subsidy for that year based upon the	37046
availability of funds appropriated to the department of education	37047
for the purpose of subsidizing courts that place a child in a	37048
private institution, school, or residential treatment center or	37049
any other private facility and shall pay that adjusted amount to	37050
the court at the end of the year.	37051

Sec. 2151.83. (A) A public children services agency or	37052
private child placing agency, on the request of a young adult,	37053
shall enter into a jointly prepared written agreement with the	37054
young adult that obligates the agency to ensure that independent	37055
living services are provided to the young adult and sets forth the	37056
responsibilities of the young adult regarding the services. The	37057
agreement shall be developed based on the young adult's strengths,	37058
needs, and circumstances. The agreement shall be designed to	37059
promote the young adult's successful transition to independent	37060
adult living and emotional and economic self-sufficiency.	37061

(B) If the young adult appears to be eligible for services	37062
from one or more of the following entities, the agency must	37063
contact the appropriate entity to determine eligibility:	37064

(1) An entity, other than the agency, that is represented on	37065
a county family and children first council established pursuant to	37066
section 121.37 of the Revised Code. If the entity is a board of	37067
alcohol, drug addiction, and mental health services, an alcohol	37068
and drug addiction services board, or a community mental health	37069
board, the agency shall contact the provider of alcohol, drug	37070
addiction, or mental health services that has been designated by	37071
the board to determine the young adult's eligibility for services.	37072

(2) The ~~rehabilitation services commission~~opportunities for	37073
Ohioans with disabilities agency;	37074

(3) A metropolitan housing authority established pursuant to	37075
section 3735.27 of the Revised Code.	37076

If an entity described in this division determines that the	37077
young adult qualifies for services from the entity, that entity,	37078
the young adult, and the agency to which the young adult made the	37079
request for independent living services shall enter into a written	37080
addendum to the jointly prepared agreement entered into under	37081
division (A) of this section. The addendum shall indicate how	37082
services under the agreement and addendum are to be coordinated	37083
and allocate the service responsibilities among the entities and	37084
agency that signed the addendum.	37085

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	37086
entity that appoints or employs any person responsible for a	37087
child's care in out-of-home care shall request the superintendent	37088
of BCII to conduct a criminal records check with respect to any	37089
person who is under final consideration for appointment or	37090
employment as a person responsible for a child's care in	37091
out-of-home care, except that section 3319.39 of the Revised Code	37092
shall apply instead of this section if the out-of-home care entity	37093
is a public school, educational service center, or chartered	37094
nonpublic school.	37095

(2) At the times specified in this division, the	37096
administrative director of an agency, or attorney, who arranges an	37097
adoption for a prospective adoptive parent shall request the	37098
superintendent of BCII to conduct a criminal records check with	37099
respect to that prospective adoptive parent and a criminal records	37100
check with respect to all persons eighteen years of age or older	37101
who reside with the prospective adoptive parent. The	37102
administrative director or attorney shall request a criminal	37103
records check pursuant to this division at the time of the initial	37104
home study, every four years after the initial home study at the	37105
time of an update, and at the time that an adoptive home study is	37106
completed as a new home study.	37107

(3) Before a recommending agency submits a recommendation to	37108
the department of job and family services on whether the	37109
department should issue a certificate to a foster home under	37110
section 5103.03 of the Revised Code, and every four years	37111
thereafter prior to a recertification under that section, the	37112
administrative director of the agency shall request that the	37113
superintendent of BCII conduct a criminal records check with	37114
respect to the prospective foster caregiver and a criminal records	37115
check with respect to all other persons eighteen years of age or	37116
older who reside with the foster caregiver.	37117

(B)(1) If a person subject to a criminal records check under	37118
division (A)(1) of this section does not present proof that the	37119
person has been a resident of this state for the five-year period	37120
immediately prior to the date upon which the criminal records	37121
check is requested or does not provide evidence that within that	37122
five-year period the superintendent of BCII has requested	37123
information about the person from the federal bureau of	37124
investigation in a criminal records check, the appointing or	37125
hiring officer shall request that the superintendent of BCII	37126
obtain information from the federal bureau of investigation as a	37127
part of the criminal records check, including fingerprint-based	37128
checks of national crime information databases as described in 42	37129
U.S.C. 671. If a person subject to a criminal records check under	37130
division (A)(1) of this section presents proof that the person has	37131
been a resident of this state for that five-year period, the	37132
appointing or hiring officer or attorney may request that the	37133
superintendent of BCII include information from the federal bureau	37134
of investigation in the criminal records check, including	37135
fingerprint-based checks of national crime information databases	37136
as described in 42 U.S.C. 671.	37137

When the administrative director of an agency, or attorney,	37138
who arranges an adoption for a prospective parent requests, at the	37139
time of the initial home study, a criminal records check for a	37140
person pursuant to division (A)(2) of this section, the	37141
administrative director or attorney shall request that the	37142
superintendent of BCII obtain information from the federal bureau	37143
of investigation as part of the criminal records check, including	37144
fingerprint-based checks of national crime information databases	37145
as described in 42 U.S.C. 671, for the person subject to the	37146
criminal records check. In all other cases in which the	37147
administrative director of an agency, or attorney, who arranges an	37148
adoption for a prospective parent requests a criminal records	37149
check for a person pursuant to division (A)(2) of this section,	37150
the administrative director or attorney may request that the	37151
superintendent of BCII include information from the federal bureau	37152
of investigation in the criminal records check, including	37153
fingerprint-based checks of national crime information databases	37154
as described in 42 U.S.C. 671.	37155

When the administrative director of a recommending agency	37156
requests, before submitting a recommendation to the department of	37157
job and family services on whether the department should issue a	37158
certificate to a foster home under section 5103.03 of the Revised	37159
Code, a criminal records check for a person pursuant to division	37160
(A)(3) of this section, the administrative director shall request	37161
that the superintendent of BCII obtain information from the	37162
federal bureau of investigation as part of a criminal records	37163
check, including fingerprint-based checks of national crime	37164
information databases as described in 42 U.S.C. 671, for the	37165
person subject to the criminal records check. In all other cases	37166
in which the administrative director of a recommending agency	37167
requests a criminal records check for a person pursuant to	37168
division (A)(3) of this section, the administrative director may	37169
request that the superintendent of BCII include information from	37170
the federal bureau of investigation in the criminal records check,	37171
including fingerprint-based checks of national crime information	37172
databases as described in 42 U.S.C. 671.	37173

Prior to a hearing on a final decree of adoption or	37174
interlocutory order of adoption by a probate court, the	37175
administrative director of an agency, or an attorney, who arranges	37176
an adoption for a prospective parent shall provide to the clerk of	37177
the probate court either of the following:	37178

(a) Any information received pursuant to a request made under	37179
this division from the superintendent of BCII or the federal	37180
bureau of investigation as part of the criminal records check,	37181
including fingerprint-based checks of national crime information	37182
databases as described in 42 U.S.C. 671, for the person subject to	37183
the criminal records check;	37184

(b) Written notification that the person subject to a	37185
criminal records check pursuant to this division failed upon	37186
request to provide the information necessary to complete the form	37187
or failed to provide impressions of the person's fingerprints as	37188
required under division (B)(2) of this section.	37189

(2) An appointing or hiring officer, administrative director,	37190
or attorney required by division (A) of this section to request a	37191
criminal records check shall provide to each person subject to a	37192
criminal records check a copy of the form prescribed pursuant to	37193
division (C)(1) of section 109.572 of the Revised Code and a	37194
standard impression sheet to obtain fingerprint impressions	37195
prescribed pursuant to division (C)(2) of section 109.572 of the	37196
Revised Code, obtain the completed form and impression sheet from	37197
the person, and forward the completed form and impression sheet to	37198
the superintendent of BCII at the time the criminal records check	37199
is requested.	37200

Any person subject to a criminal records check who receives	37201
pursuant to this division a copy of the form prescribed pursuant	37202
to division (C)(1) of section 109.572 of the Revised Code and a	37203
copy of an impression sheet prescribed pursuant to division (C)(2)	37204
of that section and who is requested to complete the form and	37205
provide a set of fingerprint impressions shall complete the form	37206
or provide all the information necessary to complete the form and	37207
shall provide the impression sheet with the impressions of the	37208
person's fingerprints. If a person subject to a criminal records	37209
check, upon request, fails to provide the information necessary to	37210
complete the form or fails to provide impressions of the person's	37211
fingerprints, the appointing or hiring officer shall not appoint	37212
or employ the person as a person responsible for a child's care in	37213
out-of-home care, a probate court may not issue a final decree of	37214
adoption or an interlocutory order of adoption making the person	37215
an adoptive parent, and the department of job and family services	37216
shall not issue a certificate authorizing the prospective foster	37217
caregiver to operate a foster home.	37218

(C)(1) No appointing or hiring officer shall appoint or	37219
employ a person as a person responsible for a child's care in	37220
out-of-home care, the department of job and family services shall	37221
not issue a certificate under section 5103.03 of the Revised Code	37222
authorizing a prospective foster caregiver to operate a foster	37223
home, and no probate court shall issue a final decree of adoption	37224
or an interlocutory order of adoption making a person an adoptive	37225
parent if the person or, in the case of a prospective foster	37226
caregiver or prospective adoptive parent, any person eighteen	37227
years of age or older who resides with the prospective foster	37228
caregiver or prospective adoptive parent previously has been	37229
convicted of or pleaded guilty to any of the violations described	37230
in division (A)(4) of section 109.572 of the Revised Code, unless	37231
the person meets rehabilitation standards established in rules	37232
adopted under division (F) of this section.	37233

(2) The appointing or hiring officer may appoint or employ a	37234
person as a person responsible for a child's care in out-of-home	37235
care conditionally until the criminal records check required by	37236
this section is completed and the officer receives the results of	37237
the criminal records check. If the results of the criminal records	37238
check indicate that, pursuant to division (C)(1) of this section,	37239
the person subject to the criminal records check does not qualify	37240
for appointment or employment, the officer shall release the	37241
person from appointment or employment.	37242

(3) Prior to certification or recertification under section	37243
5103.03 of the Revised Code, the prospective foster caregiver	37244
subject to a criminal records check under division (A)(3) of this	37245
section shall notify the recommending agency of the revocation of	37246
any foster home license, certificate, or other similar	37247
authorization in another state occurring within the five years	37248
prior to the date of application to become a foster caregiver in	37249
this state. The failure of a prospective foster caregiver to	37250
notify the recommending agency of any revocation of that type in	37251
another state that occurred within that five-year period shall be	37252
grounds for denial of the person's foster home application or the	37253
revocation of the person's foster home certification, whichever is	37254
applicable. If a person has had a revocation in another state	37255
within the five years prior to the date of the application, the	37256
department of job and family services shall not issue a foster	37257
home certificate to the prospective foster caregiver.	37258

(D) The appointing or hiring officer, administrative	37259
director, or attorney shall pay to the bureau of criminal	37260
identification and investigation the fee prescribed pursuant to	37261
division (C)(3) of section 109.572 of the Revised Code for each	37262
criminal records check conducted in accordance with that section	37263
upon a request pursuant to division (A) of this section. The	37264
officer, director, or attorney may charge the person subject to	37265
the criminal records check a fee for the costs the officer,	37266
director, or attorney incurs in obtaining the criminal records	37267
check. A fee charged under this division shall not exceed the	37268
amount of fees the officer, director, or attorney pays for the	37269
criminal records check. If a fee is charged under this division,	37270
the officer, director, or attorney shall notify the person who is	37271
the applicant at the time of the person's initial application for	37272
appointment or employment, an adoption to be arranged, or a	37273
certificate to operate a foster home of the amount of the fee and	37274
that, unless the fee is paid, the person who is the applicant will	37275
not be considered for appointment or employment or as an adoptive	37276
parent or foster caregiver.	37277

(E) The report of any criminal records check conducted by the	37278
bureau of criminal identification and investigation in accordance	37279
with section 109.572 of the Revised Code and pursuant to a request	37280
made under division (A) of this section is not a public record for	37281
the purposes of section 149.43 of the Revised Code and shall not	37282
be made available to any person other than the following:	37283

(1) The person who is the subject of the criminal records	37284
check or the person's representative;	37285

(2) The appointing or hiring officer, administrative	37286
director, or attorney requesting the criminal records check or the	37287
officer's, director's, or attorney's representative;	37288

(3) The department of job and family services, a county	37289
department of job and family services, or a public children	37290
services agency;	37291

(4) Any court, hearing officer, or other necessary individual	37292
involved in a case dealing with the denial of employment, a final	37293
decree of adoption or interlocutory order of adoption, or a foster	37294
home certificate.	37295

(F) The director of job and family services shall adopt rules	37296
in accordance with Chapter 119. of the Revised Code to implement	37297
this section. The rules shall include rehabilitation standards a	37298
person who has been convicted of or pleaded guilty to an offense	37299
listed in division (A)(4) of section 109.572 of the Revised Code	37300
must meet for an appointing or hiring officer to appoint or employ	37301
the person as a person responsible for a child's care in	37302
out-of-home care, a probate court to issue a final decree of	37303
adoption or interlocutory order of adoption making the person an	37304
adoptive parent, or the department to issue a certificate	37305
authorizing the prospective foster caregiver to operate a foster	37306
home or not revoke a foster home certificate for a violation	37307
specified in section 5103.0328 of the Revised Code.	37308

(G) An appointing or hiring officer, administrative director,	37309
or attorney required by division (A) of this section to request a	37310
criminal records check shall inform each person who is the	37311
applicant, at the time of the person's initial application for	37312
appointment or employment, an adoption to be arranged, or a foster	37313
home certificate, that the person subject to the criminal records	37314
check is required to provide a set of impressions of the person's	37315
fingerprints and that a criminal records check is required to be	37316
conducted and satisfactorily completed in accordance with section	37317
109.572 of the Revised Code.	37318

(H) ~~The department of job and family services may waive the~~	37319
~~requirement that a criminal records check based on fingerprints be~~	37320
~~conducted for an adult resident of a prospective adoptive or~~	37321
~~foster home or the home of a foster caregiver if the recommending~~	37322
~~agency documents to the department's satisfaction that the adult~~	37323
~~resident is physically unable to comply with the fingerprinting~~	37324
~~requirement and poses no danger to foster children or adoptive~~	37325
~~children who may be placed in the home. In such cases, the~~	37326
~~recommending or approving agency shall request that the bureau of~~	37327
~~criminal identification and investigation conduct a criminal~~	37328
~~records check using the person's name and social security number.~~	37329

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

37330

(1) "Children's hospital" means any of the following:

37331

(a) A hospital registered under section 3701.07 of the	37332
Revised Code that provides general pediatric medical and surgical	37333
care, and in which at least seventy-five per cent of annual	37334
inpatient discharges for the preceding two calendar years were	37335
individuals less than eighteen years of age;	37336

(b) A distinct portion of a hospital registered under section	37337
3701.07 of the Revised Code that provides general pediatric	37338
medical and surgical care, has a total of at least one hundred	37339
fifty registered pediatric special care and pediatric acute care	37340
beds, and in which at least seventy-five per cent of annual	37341
inpatient discharges for the preceding two calendar years were	37342
individuals less than eighteen years of age;	37343

(c) A distinct portion of a hospital, if the hospital is	37344
registered under section 3701.07 of the Revised Code as a	37345
children's hospital and the children's hospital meets all the	37346
requirements of division ~~(I)~~(H)(1)(a) of this section.	37347

(2) "Criminal records check" has the same meaning as in	37348
section 109.572 of the Revised Code.	37349

(3) "Person responsible for a child's care in out-of-home	37350
care" has the same meaning as in section 2151.011 of the Revised	37351
Code, except that it does not include a prospective employee of	37352
the department of youth services or a person responsible for a	37353
child's care in a hospital or medical clinic other than a	37354
children's hospital.	37355

(4) "Person subject to a criminal records check" means the	37356
following:	37357

(a) A person who is under final consideration for appointment	37358
or employment as a person responsible for a child's care in	37359
out-of-home care;	37360

(b) A prospective adoptive parent;

37361

37362

(d) A person eighteen years old or older who resides with a	37363
prospective foster caregiver or a prospective adoptive parent.	37364

(5) "Recommending agency" means a public children services	37365
agency, private child placing agency, or private noncustodial	37366
agency to which the department of job and family services has	37367
delegated a duty to inspect and approve foster homes.	37368

(6) "Superintendent of BCII" means the superintendent of the	37369
bureau of criminal identification and investigation.	37370

Sec. 2152.54. (A) An evaluation of a child who does not	37371
appear to the court to be a person who is at least moderately	37372
intellectually disabled shall be made by an evaluator who is one	37373
of the following:	37374

(1) A professional employed by a psychiatric facility or	37375
center certified by the department of ~~mental health~~mental health	37376
and addiction services to provide forensic services and appointed	37377
by the director of the facility or center to conduct the	37378
evaluation;	37379

(2) A psychiatrist or a licensed clinical psychologist who	37380
satisfies the criteria of division (I)(1) of section 5122.01 of	37381
the Revised Code and has specialized education, training, or	37382
experience in forensic evaluations of children or adolescents.	37383

(B) An evaluation of a child who appears to the court to be a	37384
person who is at least moderately intellectually disabled shall be	37385
made by a psychiatrist or licensed clinical psychologist who	37386
satisfies the criteria of division (I)(1) of section 5122.01 of	37387
the Revised Code and has specialized education, training, or	37388
experience in forensic evaluations of children or adolescents who	37389
have intellectual disability.	37390

(C) If an evaluation is conducted by an evaluator of the type	37391
described in division (A)(1) or (2) of this section and the	37392
evaluator concludes that the child is a person who is at least	37393
moderately intellectually disabled, the evaluator shall	37394
discontinue the evaluation and notify the court within one	37395
business day after reaching the conclusion. Within two business	37396
days after receiving notification, the court shall order the child	37397
to undergo an evaluation by an evaluator of the type described in	37398
division (B) of this section. Within two business days after the	37399
appointment of the new evaluator, the original evaluator shall	37400
deliver to the new evaluator all information relating to the child	37401
obtained during the original evaluation.	37402

Sec. 2152.59. (A) If after a hearing held pursuant to	37403
section 2152.58 of the Revised Code the court determines that a	37404
child is competent, the court shall proceed with the delinquent	37405
child's proceeding as provided by law. No statement that a child	37406
makes during an evaluation or hearing conducted under sections	37407
2152.51 through 2152.59 of the Revised Code shall be used against	37408
the child on the issue of responsibility or guilt in any child or	37409
adult proceeding.	37410

(B) If after a hearing held pursuant to section 2152.58 of	37411
the Revised Code the court determines that the child is not	37412
competent and cannot attain competency within the period of time	37413
applicable under division (D)(2) of this section, the court shall	37414
dismiss the charges without prejudice, except that the court may	37415
delay dismissal for up to ninety calendar days and do either of	37416
the following:	37417

(1) Refer the matter to a public children services agency and	37418
request that agency determine whether to file an action in	37419
accordance with section 2151.27 of the Revised Code alleging that	37420
the child is a dependent, neglected, or abused child;	37421

(2) Assign court staff to refer the child or the child's	37422
family to the local family and children first council or an agency	37423
funded by the department of ~~mental health~~mental health and	37424
addiction services or department of developmental disabilities or	37425
otherwise secure services to reduce the potential that the child	37426
would engage in behavior that could result in delinquent child or	37427
other criminal charges.	37428

(C) If after a hearing held pursuant to section 2152.58 of	37429
the Revised Code the court determines that a child is not	37430
competent but could likely attain competency by participating in	37431
services specifically designed to help the child develop	37432
competency, the court may order the child to participate in	37433
services specifically designed to help the child develop	37434
competency at county expense. The court shall name a reliable	37435
provider to deliver the competency attainment services and shall	37436
order the child's parent, guardian, or custodian to contact that	37437
provider by a specified date to arrange for services.	37438

(D) The competency attainment services provided to a child	37439
shall be based on a competency attainment plan described in	37440
division (E)(2) of this section and approved by the court.	37441
Services are subject to the following conditions and time periods	37442
measured from the date the court approves the plan:	37443

(1) Services shall be provided in the least restrictive	37444
setting that is consistent with the child's ability to attain	37445
competency and the safety of both the child and the community. If	37446
the child has been released on temporary or interim orders and	37447
refuses or fails to cooperate with the service provider, the court	37448
may reassess the orders and amend them to require a more	37449
appropriate setting.	37450

(2) No child shall be required to participate in competency	37451
attainment services for longer than is required for the child to	37452
attain competency. The following maximum periods of participation	37453
apply:	37454

(a) If a child is ordered to participate in competency	37455
attainment services that are provided outside of a residential	37456
setting, the child shall not participate in those services for a	37457
period exceeding three months if the child is charged with an act	37458
that would be a misdemeanor if committed by an adult, six months	37459
if the child is charged with an act that would be a felony of the	37460
third, fourth, or fifth degree if committed by an adult, or one	37461
year if the child is charged with an act that would be a felony of	37462
the first or second degree, aggravated murder, or murder if	37463
committed by an adult.	37464

(b) If a child is ordered to receive competency attainment	37465
services that are provided in a residential setting that is	37466
operated solely or in part for the purpose of providing competency	37467
attainment services, the child shall not participate in those	37468
services for a period exceeding forty-five calendar days if the	37469
child is charged with an act that would be a misdemeanor if	37470
committed by an adult, three months if the child is charged with	37471
an act that would be a felony of the third, fourth, or fifth	37472
degree if committed by an adult, six months if the child is	37473
charged with an act that would be a felony of the first or second	37474
degree if committed by an adult, or one year if the child is	37475
charged with an act that would be aggravated murder or murder if	37476
committed by an adult.	37477

(c) If a child is ordered into a residential, detention, or	37478
other secured setting for reasons other than to participate in	37479
competency attainment services and is also ordered to participate	37480
in competency attainment services concurrently, the child shall	37481
participate in the competency attainment services for not longer	37482
than the relevant period set forth in division (D)(2)(a) of this	37483
section.	37484

(d) If a child is ordered to participate in competency	37485
attainment services that require the child to live for some but	37486
not all of the duration of the services in a residential setting	37487
that is operated solely or in part for the purpose of providing	37488
competency attainment services, the child shall participate in the	37489
competency attainment services for not longer than the relevant	37490
period set forth in division (D)(2)(b) of this section. For the	37491
purpose of calculating a time period under division (D)(2)(d) of	37492
this section, two days of participation in a nonresidential	37493
setting shall equal one day of participation in a residential	37494
setting.	37495

(3) A child who receives competency attainment services in a	37496
residential setting that is operated solely or partly for the	37497
purpose of providing competency attainment services is in	37498
detention for purposes of section 2921.34 and division (B) of	37499
section 2152.18 of the Revised Code during the time that the child	37500
resides in the residential setting.	37501

(E)(1) Within ten business days after the court names the	37502
provider responsible for the child's competency attainment	37503
services under division (D) of this section, the court shall	37504
deliver to that provider a copy of each competency assessment	37505
report it has received for review. The provider shall return the	37506
copies of the reports to the court upon the termination of the	37507
services.	37508

(2) Not later than thirty calendar days after the child	37509
contacts the competency attainment services provider under	37510
division (C) of this section, the provider shall submit to the	37511
court a plan for the child to attain competency. The court shall	37512
provide copies of the plan to the prosecuting attorney, the	37513
child's attorney, the child's guardian ad litem, if any, and the	37514
child's parents, guardian, or custodian.	37515

(F) The provider that provides the child's competency	37516
attainment services pursuant to the competency attainment plan	37517
shall submit reports to the court on the following schedule:	37518

(1) A report on the child's progress every thirty calendar	37519
days and on the termination of services. The report shall not	37520
include any details of the alleged offense as reported by the	37521
child.	37522

(2) If the provider determines that the child is not	37523
cooperating to a degree that would allow the services to be	37524
effective to help the child attain competency, a report informing	37525
the court of the determination within three business days after	37526
making the determination;	37527

(3) If the provider determines that the current setting is no	37528
longer the least restrictive setting that is consistent with the	37529
child's ability to attain competency and the safety of both the	37530
child and the community, a report informing the court of the	37531
determination within three business days after making the	37532
determination;	37533

(4) If the provider determines that the child has achieved	37534
the goals of the plan and would be able to understand the nature	37535
and objectives of the proceeding against the child and to assist	37536
in the child's defense, with or without reasonable accommodations	37537
to meet the criteria set forth in division (B) of section 2152.56	37538
of the Revised Code, a report informing the court of that	37539
determination within three business days after making the	37540
determination. If the provider believes that accommodations would	37541
be necessary or desirable, the report shall include	37542
recommendations for accommodations.	37543

(5) If the provider determines that the child will not	37544
achieve the goals of the plan within the applicable period of time	37545
under division (D)(2) of this section, a report informing the	37546
court of the determination within three business days after making	37547
the determination. The report shall include recommendations for	37548
services for the child that would support the safety of the child	37549
or the community.	37550

(G) The court shall provide copies of any report made under	37551
division (F) of this section to the prosecuting attorney, the	37552
child's attorney, and the child's guardian ad litem, if any. The	37553
court shall provide copies of any report made under division (F)	37554
of this section to the child's parents, guardian, or custodian	37555
unless the court finds that doing so is not in the best interest	37556
of the child.	37557

(H)(1) Within fifteen business days after receiving a report	37558
under division (F) of this section, the court may hold a hearing	37559
to determine if a new order is necessary. To assist in making a	37560
determination under division (H) of this section, the court may	37561
order a new competency evaluation in accordance with section	37562
2152.53 of the Revised Code. Until a new order is issued or the	37563
required period of participation expires, the child shall continue	37564
to participate in competency attainment services.	37565

(2) If after a hearing held under division (H)(1) of this	37566
section the court determines that the child is not making progress	37567
toward competency or is so uncooperative that attainment services	37568
cannot be effective, the court may order a change in setting or	37569
services that would help the child attain competency within the	37570
relevant period of time under division (D)(2) of this section.	37571

(3) If after a hearing held under division (H)(1) of this	37572
section the court determines that the child has not or will not	37573
attain competency within the relevant period of time under	37574
division (D)(2) of this section, the court shall dismiss the	37575
delinquency complaint without prejudice, except that the court may	37576
delay dismissal for up to ninety calendar days and do either of	37577
the following:	37578

(a) Refer the matter to a public children services agency and	37579
request that agency determine whether to file an action in	37580
accordance with section 2151.27 of the Revised Code alleging that	37581
the child is a dependent, neglected, or abused child;	37582

(b) Assign court staff to refer the child or the child's	37583
family to the local family and children first council or an agency	37584
funded by the department of ~~mental health~~mental health and	37585
addiction services or department of developmental disabilities or	37586
otherwise secure services to reduce the potential that the child	37587
would engage in behavior that could result in delinquency or other	37588
criminal charges.	37589

(4) A dismissal under division (H)(3) of this section does	37590
not preclude a future delinquent child proceeding or criminal	37591
prosecution as provided under section 2151.23 of the Revised Code	37592
if the child eventually attains competency.	37593

(5) If after a hearing held under division (H)(1) of this	37594
section the court determines that the child has attained	37595
competency, the court shall proceed with the delinquent child's	37596
proceeding in accordance with division (A) of this section.	37597

(6) A dismissal under this section does not bar a civil	37598
action based on the acts or omissions that formed the basis of the	37599
complaint.	37600

Sec. 2301.14. The clerk of the court of common pleas in	37601
which the service of a court interpreter is rendered shall tax in	37602
the cost bill in such case, to be collected as other costs, the	37603
sum of three dollars for each day of service of such interpreter,	37604
which fees shall be paid into the county treasury to the credit of	37605
the county fund. If the party taxed with costs is indigent, the	37606
clerk shall not tax the interpreter's fees as costs, and the	37607
county shall pay the interpreter's fees.	37608

Sec. 2301.19. A transcript is an official verbatim record of	37609
a proceeding that is prepared by a reporter and that is certified	37610
to be correct by the reporter. A transcript, but not a duplicate	37611
copy of a transcript, shall be taken and received as prima facie	37612
evidence of its correctness.	37613

Sec. 2301.20. ~~All~~If any party to a civil ~~and~~or criminal	37614
~~actions~~action requests the services of a reporter at a hearing in	37615
the action, the court ~~of common pleas~~ shall ~~be recorded~~grant the	37616
request. The reporter shall ~~take accurate notes of or~~	37617
~~electronically record~~carefully preserve the ~~oral testimony~~	37618
proceeding on an appropriate medium. The ~~notes and electronic~~	37619
~~records~~medium shall be filed in the office of the official	37620
reporter and carefully preserved for either of the following	37621
periods of time:	37622

(A) If the action is not a capital case, the ~~notes and~~	37623
~~electronic records~~medium shall be preserved for the period of	37624
time specified by the court of common pleas, which period of time	37625
shall not be longer than the period of time that the other records	37626
of the particular action are required to be kept.	37627

(B) If the action is a capital case, the ~~notes and electronic~~	37628
~~records~~medium shall be preserved for the longer of ten years or	37629
until the final disposition of the action and exhaustion of all	37630
appeals.	37631

Sec. 2301.23. ~~When notes have been taken or an electronic~~	37632
~~recording has been made in a case as provided in section 2301.20~~	37633
~~of the Revised Code, if~~If the court or ~~either~~any party to ~~the~~a	37634
suit requests a written ~~transcripts~~transcript of all or any	37635
portion of the proceeding that has been preserved on an	37636
appropriate medium by the reporter or other court personnel, the	37637
reporter ~~reporting the case~~ shall make a full and accurate	37638
~~transcripts of the notes or electronic recording~~transcript. The	37639
court may direct the official reporter to furnish to the court and	37640
the parties copies of decisions rendered and charges delivered by	37641
the court in pending cases.	37642

When the compensation for transcripts, copies of decisions,	37643
or charges is taxed as a part of the costs, the transcripts,	37644
copies of decisions, and charges shall remain on file with the	37645
papers of the case.	37646

Sec. 2301.24. (A) As used in this section, "actual cost"	37647
means the cost of depleted supplies; records storage media costs;	37648
actual mailing and alternative delivery costs, or other	37649
transmitting costs; and any direct equipment operating and	37650
maintenance costs, including actual costs paid to private	37651
contractors for copying services.	37652

(B) The compensation of reporters for making written	37653
transcripts as provided in section 2301.23 of the Revised Code	37654
shall be fixed by the court of common pleas of the county in which	37655
the ~~trial~~proceeding is held. ~~If more than one~~When a transcript	37656
of ~~the same testimony or~~any portion of a proceeding is ordered,	37657
by the prosecuting attorney, the attorney general, a municipal	37658
director of law, or a similar chief legal officer of a public	37659
office in an appeal of any civil, criminal, or juvenile case or by	37660
the indigent defendant in an appeal of any criminal or juvenile	37661
case, any additional transcript of the same portion of the	37662
proceeding that is ordered by any of these parties for filing	37663
shall be provided by the reporter ~~shall make copies of the~~	37664
~~transcript at cost pursuant to division (B)(1) of section 149.43~~	37665
~~of the Revised Code or shall provide an electronic copy of the~~	37666
~~transcript free of charge~~at actual cost. In all other	37667
circumstances, the compensation to the reporter for making an	37668
additional transcript shall be as fixed by the court but shall not	37669
exceed one-half the compensation allowed for the first transcript	37670
made of the portion of the proceeding. The compensation shall be	37671
paid by the party for whose benefit a transcript is made~~. The~~,	37672
except that the compensation for transcripts requested by the	37673
prosecuting attorney or an indigent defendant in criminal cases or	37674
by the trial judge in either civil or criminal cases, and for	37675
copies of decisions and charges furnished by direction of the	37676
court shall be paid from the county treasury and taxed and	37677
collected as costs.	37678

(C) A reporter who takes the testimony of witnesses before a	37679
grand jury shall receive the same compensation for the transcript,	37680
and be paid in the same manner, as for other transcripts under	37681
division (B) of this section.	37682

(D) A duplicate copy of a transcript shall be provided by the	37683
clerk of court, if the transcript has been filed, or by the	37684
reporter, if the transcript has not been filed, at actual cost.	37685
Personnel cost may be added to the actual cost if the time of a	37686
reporter who makes a duplicate copy or an additional transcript is	37687
not paid for by a public entity. The reporter shall provide an	37688
electronic copy of a transcript at actual cost.	37689

Sec. 2301.25. When ordered by the prosecuting attorney or	37690
the defendant in a criminal case or when ordered by a judge of the	37691
court of common pleas in either civil or criminal cases, the costs	37692
of transcripts shall be taxed as costs in the case, collected as	37693
other costs, whether the transcripts have been prepaid or not, as	37694
provided by section 2301.24 of the Revised Code, paid by the clerk	37695
of the court of common pleas quarterly into the county treasury,	37696
and credited to the general fund. If, upon final judgment, the	37697
costs or any part of the costs are adjudged against a defendant in	37698
a criminal case and the defendant has prepaid for the cost of a	37699
transcript or has paid a deposit toward the cost of the	37700
transcript, the defendant shall be allowed credit onfor the ~~cost~~	37701
~~bill of the~~ amount ~~paid for the transcript the defendant ordered~~	37702
~~and, if~~prepaid or deposited and shall not be charged again for	37703
that amount as part of the costs. If upon final judgment the costs	37704
are ~~finally~~ adjudged against the state, the defendant shall ~~have~~	37705
~~the defendant's deposit~~be refunded the amount prepaid or	37706
deposited toward the transcript. ~~All transcripts shall be taken~~	37707
~~and received as prima-facie evidence of their correctness. If the~~	37708
~~testimony of witnesses is taken before the grand jury by~~	37709
~~reporters, they shall receive for the transcripts the same~~	37710
~~compensation and be paid in the same manner as provided in this~~	37711
~~section and section 2301.24 of the Revised Code.~~	37712

This section, as amended by H.B. 59 of the 130th general	37713
assembly, applies to transcripts of proceedings that are recorded	37714
on or after the effective date of the amendment.	37715

Sec. 2303.201. (A)(1) The court of common pleas of any	37716
county may determine that for the efficient operation of the court	37717
additional funds are required to computerize the court, to make	37718
available computerized legal research services, or to do both.	37719
Upon making a determination that additional funds are required for	37720
either or both of those purposes, the court shall authorize and	37721
direct the clerk of the court of common pleas to charge one	37722
additional fee, not to exceed six dollars, on the filing of each	37723
cause of action or appeal under divisions (A), (Q), and (U) of	37724
section 2303.20 of the Revised Code.	37725

(2) All fees collected under division (A)(1) of this section	37726
shall be paid to the county treasurer. The treasurer shall place	37727
the funds from the fees in a separate fund to be disbursed either	37728
upon an order of the court, subject to an appropriation by the	37729
board of county commissioners, or upon an order of the court,	37730
subject to the court making an annual report available to the	37731
public listing the use of all such funds, in an amount not greater	37732
than the actual cost to the court of procuring and maintaining	37733
computerization of the court, computerized legal research	37734
services, or both.	37735

(3) If the court determines that the funds in the fund	37736
described in division (A)(2) of this section are more than	37737
sufficient to satisfy the purpose for which the additional fee	37738
described in division (A)(1) of this section was imposed, the	37739
court may declare a surplus in the fund and, subject to an	37740
appropriation by the board of county commissioners, expend those	37741
surplus funds, or upon an order of the court, subject to the court	37742
making an annual report available to the public listing the use of	37743
all such funds, expend those surplus funds, for other appropriate	37744
technological expenses of the court.	37745

(B)(1) The court of common pleas of any county may determine	37746
that, for the efficient operation of the court, additional funds	37747
are required to make technological advances in or to computerize	37748
the office of the clerk of the court of common pleas and, upon	37749
that determination, authorize and direct the clerk of the court of	37750
common pleas to charge an additional fee, not to exceed twenty	37751
dollars, on the filing of each cause of action or appeal, on the	37752
filing, docketing, and endorsing of each certificate of judgment,	37753
or on the docketing and indexing of each aid in execution or	37754
petition to vacate, revive, or modify a judgment under divisions	37755
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	37756
and not to exceed one dollar each for the services described in	37757
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	37758
the Revised Code. Subject to division (B)(2) of this section, all	37759
moneys collected under division (B)(1) of this section shall be	37760
paid to the county treasurer to be disbursed, upon an order of the	37761
court of common pleas and subject to appropriation by the board of	37762
county commissioners, in an amount no greater than the actual cost	37763
to the court of procuring and maintaining technology and computer	37764
systems for the office of the clerk of the court of common pleas.	37765

(2) If the court of common pleas of a county makes the	37766
determination described in division (B)(1) of this section, the	37767
board of county commissioners of that county may issue one or more	37768
general obligation bonds for the purpose of procuring and	37769
maintaining the technology and computer systems for the office of	37770
the clerk of the court of common pleas. In addition to the	37771
purposes stated in division (B)(1) of this section for which the	37772
moneys collected under that division may be expended, the moneys	37773
additionally may be expended to pay debt charges on and financing	37774
costs related to any general obligation bonds issued pursuant to	37775
division (B)(2) of this section as they become due. General	37776
obligation bonds issued pursuant to division (B)(2) of this	37777
section are Chapter 133. securities.	37778

(C) The court of common pleas shall collect the sum of	37779
twenty-six dollars as additional filing fees in each new civil	37780
action or proceeding for the charitable public purpose of	37781
providing financial assistance to legal aid societies that operate	37782
within the state and to support the office of the state public	37783
defender. This division does not apply to proceedings concerning	37784
annulments, dissolutions of marriage, divorces, legal separation,	37785
spousal support, marital property or separate property	37786
distribution, support, or other domestic relations matters; to a	37787
juvenile division of a court of common pleas; to a probate	37788
division of a court of common pleas, except that the additional	37789
filing fees shall apply to name change, guardianship, adoption,	37790
and decedents' estate proceedings; or to an execution on a	37791
judgment, proceeding in aid of execution, or other post-judgment	37792
proceeding arising out of a civil action. The filing fees required	37793
to be collected under this division shall be in addition to any	37794
other filing fees imposed in the action or proceeding and shall be	37795
collected at the time of the filing of the action or proceeding.	37796
The court shall not waive the payment of the additional filing	37797
fees in a new civil action or proceeding unless the court waives	37798
the advanced payment of all filing fees in the action or	37799
proceeding. All such moneys collected during a month except for an	37800
amount equal to up to one per cent of those moneys retained to	37801
cover administrative costs shall be transmitted on or before the	37802
twentieth day of the following month by the clerk of the court to	37803
the treasurer of state in a manner prescribed by the treasurer of	37804
state or by the Ohio legal assistance foundation. The treasurer of	37805
state shall deposit four per cent of the funds collected under	37806
this division to the credit of the civil case filing fee fund	37807
established under section 120.07 of the Revised Code and	37808
ninety-six per cent of the funds collected under this division to	37809
the credit of the legal aid fund established under section 120.52	37810
of the Revised Code.	37811

The court may retain up to one per cent of the moneys it	37812
collects under this division to cover administrative costs,	37813
including the hiring of any additional personnel necessary to	37814
implement this division. If the court fails to transmit to the	37815
treasurer of state the moneys the court collects under this	37816
division in a manner prescribed by the treasurer of state or by	37817
the Ohio legal assistance foundation, the court shall forfeit the	37818
moneys the court retains under this division to cover	37819
administrative costs, including the hiring of any additional	37820
personnel necessary to implement this division, and shall transmit	37821
to the treasurer of state all moneys collected under this	37822
division, including the forfeited amount retained for	37823
administrative costs, for deposit in the legal aid fund.	37824

(D) On and after the thirtieth day after December 9, 1994,	37825
the court of common pleas shall collect the sum of thirty-two	37826
dollars as additional filing fees in each new action or proceeding	37827
for annulment, divorce, or dissolution of marriage for the purpose	37828
of funding shelters for victims of domestic violence pursuant to	37829
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	37830
required to be collected under this division shall be in addition	37831
to any other filing fees imposed in the action or proceeding and	37832
shall be collected at the time of the filing of the action or	37833
proceeding. The court shall not waive the payment of the	37834
additional filing fees in a new action or proceeding for	37835
annulment, divorce, or dissolution of marriage unless the court	37836
waives the advanced payment of all filing fees in the action or	37837
proceeding. On or before the twentieth day of each month, all	37838
moneys collected during the immediately preceding month pursuant	37839
to this division shall be deposited by the clerk of the court into	37840
the county treasury in the special fund used for deposit of	37841
additional marriage license fees as described in section 3113.34	37842
of the Revised Code. Upon their deposit into the fund, the moneys	37843
shall be retained in the fund and expended only as described in	37844
section 3113.34 of the Revised Code.	37845

(E)(1) The court of common pleas may determine that, for the	37846
efficient operation of the court, additional funds are necessary	37847
to acquire and pay for special projects of the court, including,	37848
but not limited to, the acquisition of additional facilities or	37849
the rehabilitation of existing facilities, the acquisition of	37850
equipment, the hiring and training of staff, community service	37851
programs, mediation or dispute resolution services, the employment	37852
of magistrates, the training and education of judges, acting	37853
judges, and magistrates, and other related services. Upon that	37854
determination, the court by rule may charge a fee, in addition to	37855
all other court costs, on the filing of each criminal cause, civil	37856
action or proceeding, or judgment by confession.	37857

If the court of common pleas offers or requires a special	37858
program or ~~service~~additional services in cases of a specific	37859
type, the court by rule may assess an additional charge in a case	37860
of that type, over and above court costs, to cover the special	37861
program or service. The court shall adjust the special assessment	37862
periodically, but not retroactively, so that the amount assessed	37863
in those cases does not exceed the actual cost of providing the	37864
service or program.	37865

All moneys collected under division (E) of this section shall	37866
be paid to the county treasurer for deposit into either a general	37867
special projects fund or a fund established for a specific special	37868
project. Moneys from a fund of that nature shall be disbursed upon	37869
an order of the court, subject to an appropriation by the board of	37870
county commissioners, in an amount no greater than the actual cost	37871
to the court of a project. If a specific fund is terminated	37872
because of the discontinuance of a program or service established	37873
under division (E) of this section, the court may order, subject	37874
to an appropriation by the board of county commissioners, that	37875
moneys remaining in the fund be transferred to an account	37876
established under this division for a similar purpose.	37877

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

37878

(a) "Criminal cause" means a charge alleging the violation of	37879
a statute or ordinance, or subsection of a statute or ordinance,	37880
that requires a separate finding of fact or a separate plea before	37881
disposition and of which the defendant may be found guilty,	37882
whether filed as part of a multiple charge on a single summons,	37883
citation, or complaint or as a separate charge on a single	37884
summons, citation, or complaint. "Criminal cause" does not include	37885
separate violations of the same statute or ordinance, or	37886
subsection of the same statute or ordinance, unless each charge is	37887
filed on a separate summons, citation, or complaint.	37888

(b) "Civil action or proceeding" means any civil litigation	37889
that must be determined by judgment entry.	37890

Sec. 2305.234. (A) As used in this section:

37891

(1) "Chiropractic claim," "medical claim," and "optometric	37892
claim" have the same meanings as in section 2305.113 of the	37893
Revised Code.	37894

(2) "Dental claim" has the same meaning as in section	37895
2305.113 of the Revised Code, except that it does not include any	37896
claim arising out of a dental operation or any derivative claim	37897
for relief that arises out of a dental operation.	37898

(3) "Governmental health care program" has the same meaning	37899
as in section 4731.65 of the Revised Code.	37900

(4) "Health care facility or location" means a hospital,	37901
clinic, ambulatory surgical facility, office of a health care	37902
professional or associated group of health care professionals,	37903
training institution for health care professionals, or any other	37904
place where medical, dental, or other health-related diagnosis,	37905
care, or treatment is provided to a person.	37906

(5) "Health care professional" means any of the following who	37907
provide medical, dental, or other health-related diagnosis, care,	37908
or treatment:	37909

(a) Physicians authorized under Chapter 4731. of the Revised	37910
Code to practice medicine and surgery or osteopathic medicine and	37911
surgery;	37912

(b) Registered nurses and licensed practical nurses licensed	37913
under Chapter 4723. of the Revised Code and individuals who hold a	37914
certificate of authority issued under that chapter that authorizes	37915
the practice of nursing as a certified registered nurse	37916
anesthetist, clinical nurse specialist, certified nurse-midwife,	37917
or certified nurse practitioner;	37918

(c) Physician assistants authorized to practice under Chapter	37919
4730. of the Revised Code;	37920

(d) Dentists and dental hygienists licensed under Chapter	37921
4715. of the Revised Code;	37922

(e) Physical therapists, physical therapist assistants,	37923
occupational therapists, and occupational therapy assistants	37924
licensed under Chapter 4755. of the Revised Code;	37925

(f) Chiropractors licensed under Chapter 4734. of the Revised	37926
Code;	37927

(g) Optometrists licensed under Chapter 4725. of the Revised	37928
Code;	37929

(h) Podiatrists authorized under Chapter 4731. of the Revised	37930
Code to practice podiatry;	37931

(i) Dietitians licensed under Chapter 4759. of the Revised	37932
Code;	37933

(j) Pharmacists licensed under Chapter 4729. of the Revised	37934
Code;	37935

(k) Emergency medical technicians-basic, emergency medical	37936
technicians-intermediate, and emergency medical	37937
technicians-paramedic, certified under Chapter 4765. of the	37938
Revised Code;	37939

(l) Respiratory care professionals licensed under Chapter	37940
4761. of the Revised Code;	37941

(m) Speech-language pathologists and audiologists licensed	37942
under Chapter 4753. of the Revised Code;	37943

(n) Professional clinical counselors, professional	37944
counselors, independent social workers, social workers,	37945
independent marriage and family therapists, and marriage and	37946
family therapists, licensed under Chapter 4757. of the Revised	37947
Code;	37948

(o) Psychologists licensed under Chapter 4732. of the Revised	37949
Code;	37950

(p) Independent chemical dependency counselors, chemical	37951
dependency counselors III, chemical dependency counselors II, and	37952
chemical dependency counselors I, licensed under Chapter 4758. of	37953
the Revised Code.	37954

(6) "Health care worker" means a person other than a health	37955
care professional who provides medical, dental, or other	37956
health-related care or treatment under the direction of a health	37957
care professional with the authority to direct that individual's	37958
activities, including medical technicians, medical assistants,	37959
dental assistants, orderlies, aides, and individuals acting in	37960
similar capacities.	37961

(7) "Indigent and uninsured person" means a person who meets	37962
all of the following requirements:	37963

(a) The person's income is not greater than two hundred per	37964
cent of the current poverty line as defined by the United States	37965
office of management and budget and revised in accordance with	37966
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	37967
95 Stat. 511, 42 U.S.C. 9902, as amended.	37968

(b) The person is not eligible ~~to receive medical assistance~~	37969
~~under Chapter 5111. of the Revised Code or assistance under~~for	37970
the medicaid program or any other governmental health care	37971
program.	37972

37973

(i) The person is not a policyholder, certificate holder,	37974
insured, contract holder, subscriber, enrollee, member,	37975
beneficiary, or other covered individual under a health insurance	37976
or health care policy, contract, or plan.	37977

(ii) The person is a policyholder, certificate holder,	37978
insured, contract holder, subscriber, enrollee, member,	37979
beneficiary, or other covered individual under a health insurance	37980
or health care policy, contract, or plan, but the insurer, policy,	37981
contract, or plan denies coverage or is the subject of insolvency	37982
or bankruptcy proceedings in any jurisdiction.	37983

(8) "Nonprofit health care referral organization" means an	37984
entity that is not operated for profit and refers patients to, or	37985
arranges for the provision of, health-related diagnosis, care, or	37986
treatment by a health care professional or health care worker.	37987

(9) "Operation" means any procedure that involves cutting or	37988
otherwise infiltrating human tissue by mechanical means, including	37989
surgery, laser surgery, ionizing radiation, therapeutic	37990
ultrasound, or the removal of intraocular foreign bodies.	37991
"Operation" does not include the administration of medication by	37992
injection, unless the injection is administered in conjunction	37993
with a procedure infiltrating human tissue by mechanical means	37994
other than the administration of medicine by injection.	37995
"Operation" does not include routine dental restorative	37996
procedures, the scaling of teeth, or extractions of teeth that are	37997
not impacted.	37998

(10) "Tort action" means a civil action for damages for	37999
injury, death, or loss to person or property other than a civil	38000
action for damages for a breach of contract or another agreement	38001
between persons or government entities.	38002

(11) "Volunteer" means an individual who provides any	38003
medical, dental, or other health-care related diagnosis, care, or	38004
treatment without the expectation of receiving and without receipt	38005
of any compensation or other form of remuneration from an indigent	38006
and uninsured person, another person on behalf of an indigent and	38007
uninsured person, any health care facility or location, any	38008
nonprofit health care referral organization, or any other person	38009
or government entity.	38010

(12) "Community control sanction" has the same meaning as in	38011
section 2929.01 of the Revised Code.	38012

(13) "Deep sedation" means a drug-induced depression of	38013
consciousness during which a patient cannot be easily aroused but	38014
responds purposefully following repeated or painful stimulation, a	38015
patient's ability to independently maintain ventilatory function	38016
may be impaired, a patient may require assistance in maintaining a	38017
patent airway and spontaneous ventilation may be inadequate, and	38018
cardiovascular function is usually maintained.	38019

(14) "General anesthesia" means a drug-induced loss of	38020
consciousness during which a patient is not arousable, even by	38021
painful stimulation, the ability to independently maintain	38022
ventilatory function is often impaired, a patient often requires	38023
assistance in maintaining a patent airway, positive pressure	38024
ventilation may be required because of depressed spontaneous	38025
ventilation or drug-induced depression of neuromuscular function,	38026
and cardiovascular function may be impaired.	38027

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	38028
health care professional who is a volunteer and complies with	38029
division (B)(2) of this section is not liable in damages to any	38030
person or government entity in a tort or other civil action,	38031
including an action on a medical, dental, chiropractic,	38032
optometric, or other health-related claim, for injury, death, or	38033
loss to person or property that allegedly arises from an action or	38034
omission of the volunteer in the provision to an indigent and	38035
uninsured person of medical, dental, or other health-related	38036
diagnosis, care, or treatment, including the provision of samples	38037
of medicine and other medical products, unless the action or	38038
omission constitutes willful or wanton misconduct.	38039

(2) To qualify for the immunity described in division (B)(1)	38040
of this section, a health care professional shall do all of the	38041
following prior to providing diagnosis, care, or treatment:	38042

(a) Determine, in good faith, that the indigent and uninsured	38043
person is mentally capable of giving informed consent to the	38044
provision of the diagnosis, care, or treatment and is not subject	38045
to duress or under undue influence;	38046

(b) Inform the person of the provisions of this section,	38047
including notifying the person that, by giving informed consent to	38048
the provision of the diagnosis, care, or treatment, the person	38049
cannot hold the health care professional liable for damages in a	38050
tort or other civil action, including an action on a medical,	38051
dental, chiropractic, optometric, or other health-related claim,	38052
unless the action or omission of the health care professional	38053
constitutes willful or wanton misconduct;	38054

(c) Obtain the informed consent of the person and a written	38055
waiver, signed by the person or by another individual on behalf of	38056
and in the presence of the person, that states that the person is	38057
mentally competent to give informed consent and, without being	38058
subject to duress or under undue influence, gives informed consent	38059
to the provision of the diagnosis, care, or treatment subject to	38060
the provisions of this section. A written waiver under division	38061
(B)(2)(c) of this section shall state clearly and in conspicuous	38062
type that the person or other individual who signs the waiver is	38063
signing it with full knowledge that, by giving informed consent to	38064
the provision of the diagnosis, care, or treatment, the person	38065
cannot bring a tort or other civil action, including an action on	38066
a medical, dental, chiropractic, optometric, or other	38067
health-related claim, against the health care professional unless	38068
the action or omission of the health care professional constitutes	38069
willful or wanton misconduct.	38070

(3) A physician or podiatrist who is not covered by medical	38071
malpractice insurance, but complies with division (B)(2) of this	38072
section, is not required to comply with division (A) of section	38073
4731.143 of the Revised Code.	38074

(C) Subject to divisions (F) and (G)(3) of this section,	38075
health care workers who are volunteers are not liable in damages	38076
to any person or government entity in a tort or other civil	38077
action, including an action upon a medical, dental, chiropractic,	38078
optometric, or other health-related claim, for injury, death, or	38079
loss to person or property that allegedly arises from an action or	38080
omission of the health care worker in the provision to an indigent	38081
and uninsured person of medical, dental, or other health-related	38082
diagnosis, care, or treatment, unless the action or omission	38083
constitutes willful or wanton misconduct.	38084

(D) Subject to divisions (F) and (G)(3) of this section, a	38085
nonprofit health care referral organization is not liable in	38086
damages to any person or government entity in a tort or other	38087
civil action, including an action on a medical, dental,	38088
chiropractic, optometric, or other health-related claim, for	38089
injury, death, or loss to person or property that allegedly arises	38090
from an action or omission of the nonprofit health care referral	38091
organization in referring indigent and uninsured persons to, or	38092
arranging for the provision of, medical, dental, or other	38093
health-related diagnosis, care, or treatment by a health care	38094
professional described in division (B)(1) of this section or a	38095
health care worker described in division (C) of this section,	38096
unless the action or omission constitutes willful or wanton	38097
misconduct.	38098

(E) Subject to divisions (F) and (G)(3) of this section and	38099
to the extent that the registration requirements of section	38100
3701.071 of the Revised Code apply, a health care facility or	38101
location associated with a health care professional described in	38102
division (B)(1) of this section, a health care worker described in	38103
division (C) of this section, or a nonprofit health care referral	38104
organization described in division (D) of this section is not	38105
liable in damages to any person or government entity in a tort or	38106
other civil action, including an action on a medical, dental,	38107
chiropractic, optometric, or other health-related claim, for	38108
injury, death, or loss to person or property that allegedly arises	38109
from an action or omission of the health care professional or	38110
worker or nonprofit health care referral organization relative to	38111
the medical, dental, or other health-related diagnosis, care, or	38112
treatment provided to an indigent and uninsured person on behalf	38113
of or at the health care facility or location, unless the action	38114
or omission constitutes willful or wanton misconduct.	38115

(F)(1) Except as provided in division (F)(2) of this section,	38116
the immunities provided by divisions (B), (C), (D), and (E) of	38117
this section are not available to a health care professional,	38118
health care worker, nonprofit health care referral organization,	38119
or health care facility or location if, at the time of an alleged	38120
injury, death, or loss to person or property, the health care	38121
professionals or health care workers involved are providing one of	38122
the following:	38123

(a) Any medical, dental, or other health-related diagnosis,	38124
care, or treatment pursuant to a community service work order	38125
entered by a court under division (B) of section 2951.02 of the	38126
Revised Code or imposed by a court as a community control	38127
sanction;	38128

(b) Performance of an operation to which any one of the	38129
following applies:	38130

(i) The operation requires the administration of deep	38131
sedation or general anesthesia.	38132

(ii) The operation is a procedure that is not typically	38133
performed in an office.	38134

(iii) The individual involved is a health care professional,	38135
and the operation is beyond the scope of practice or the	38136
education, training, and competence, as applicable, of the health	38137
care professional.	38138

(c) Delivery of a baby or any other purposeful termination of	38139
a human pregnancy.	38140

(2) Division (F)(1) of this section does not apply when a	38141
health care professional or health care worker provides medical,	38142
dental, or other health-related diagnosis, care, or treatment that	38143
is necessary to preserve the life of a person in a medical	38144
emergency.	38145

(G)(1) This section does not create a new cause of action or	38146
substantive legal right against a health care professional, health	38147
care worker, nonprofit health care referral organization, or	38148
health care facility or location.	38149

(2) This section does not affect any immunities from civil	38150
liability or defenses established by another section of the	38151
Revised Code or available at common law to which a health care	38152
professional, health care worker, nonprofit health care referral	38153
organization, or health care facility or location may be entitled	38154
in connection with the provision of emergency or other medical,	38155
dental, or other health-related diagnosis, care, or treatment.	38156

(3) This section does not grant an immunity from tort or	38157
other civil liability to a health care professional, health care	38158
worker, nonprofit health care referral organization, or health	38159
care facility or location for actions that are outside the scope	38160
of authority of health care professionals or health care workers.	38161

(4) This section does not affect any legal responsibility of	38162
a health care professional, health care worker, or nonprofit	38163
health care referral organization to comply with any applicable	38164
law of this state or rule of an agency of this state.	38165

(5) This section does not affect any legal responsibility of	38166
a health care facility or location to comply with any applicable	38167
law of this state, rule of an agency of this state, or local code,	38168
ordinance, or regulation that pertains to or regulates building,	38169
housing, air pollution, water pollution, sanitation, health, fire,	38170
zoning, or safety.	38171

Sec. 2307.65. (A) The attorney general may bring a civil	38172
action in the Franklin county court of common pleas on behalf of	38173
the department of ~~job and family services~~medicaid, and the	38174
prosecuting attorney of the county in which a violation of	38175
division (B) of section 2913.401 of the Revised Code occurs may	38176
bring a civil action in the court of common pleas of that county	38177
on behalf of the county department of job and family services,	38178
against a person who violates division (B) of section 2913.401 of	38179
the Revised Code for the recovery of the amount of benefits paid	38180
on behalf of a person that either department would not have paid	38181
but for the violation minus any amounts paid in restitution under	38182
division (C)(2) of section 2913.401 of the Revised Code and for	38183
reasonable attorney's fees and all other fees and costs of	38184
litigation.	38185

(B) In a civil action brought under division (A) of this	38186
section, if the defendant failed to disclose a transfer of	38187
property in violation of division (B)(3) of section 2913.401 of	38188
the Revised Code, the court may also grant any of the following	38189
relief to the extent permitted by the "Social Security Act,"	38190
section 1917, 42 U.S.C. 1396p:	38191

(1) Avoidance of the transfer of property that was not	38192
disclosed in violation of division (B)(3) of section 2913.401 of	38193
the Revised Code to the extent of the amount of benefits the	38194
department would not have paid but for the violation;	38195

(2) An order of attachment or garnishment against the	38196
property in accordance with Chapter 2715. or 2716. of the Revised	38197
Code;	38198

(3) An injunction against any further disposition by the	38199
transferor or transferee, or both, of the property the transfer of	38200
which was not disclosed in violation of division (B)(3) of section	38201
2913.401 of the Revised Code or against the disposition of other	38202
property by the transferor or transferee;	38203

(4) Appointment of a receiver to take charge of the property	38204
transferred or of other property of the transferee;	38205

(5) Any other relief that the court considers just and	38206
equitable.	38207

(C) To the extent permitted by the "Social Security Act,"	38208
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	38209
~~services~~medicaid or the county department of job and family	38210
services may enforce a judgment obtained under this section by	38211
levying on property the transfer of which was not disclosed in	38212
violation of division (B)(3) of section 2913.401 of the Revised	38213
Code or on the proceeds of the transfer of that property in	38214
accordance with Chapter 2329. of the Revised Code.	38215

(D) The remedies provided in divisions (B) and (C) of this	38216
section do not apply if the transferee of the property the	38217
transfer of which was not disclosed in violation of division	38218
(B)(3) of section 2913.401 of the Revised Code acquired the	38219
property in good faith and for fair market value.	38220

(E) The remedies provided in this section are not exclusive	38221
and do not preclude the use of any other criminal or civil remedy	38222
for any act that is in violation of section 2913.401 of the	38223
Revised Code.	38224

(F) Amounts of medicaid ~~benefits~~services paid and recovered	38225
in an action brought under this section shall be credited to the	38226
general revenue fund, and any applicable federal share shall be	38227
returned to the appropriate agency or department of the United	38228
States.	38229

Sec. 2311.14. (A)(1) Whenever because of a hearing, speech,	38230
or other impairment a party to or witness in a legal proceeding	38231
cannot readily understand or communicate, the court shall appoint	38232
a qualified interpreter to assist such person. ~~Before appointing~~	38233
~~any interpreter under this division for a party or witness who is~~	38234
~~a mentally retarded person or developmentally disabled person, the~~	38235
~~court shall evaluate the qualifications of the interpreter and~~	38236
~~shall make a determination as to the ability of the interpreter to~~	38237
~~effectively interpret on behalf of the party or witness that the~~	38238
~~interpreter will assist, and the court may appoint the interpreter~~	38239
~~only if the court is satisfied that the interpreter is able to~~	38240
~~effectively interpret on behalf of that party or witness.~~	38241

(2) This section is not limited to a person who speaks a	38242
language other than English. It also applies to the language and	38243
descriptions of any mentally retarded person or developmentally	38244
disabled person who cannot be reasonably understood, or who cannot	38245
understand questioning, without the aid of an interpreter. The	38246
interpreter may aid the parties in formulating methods of	38247
questioning the person with mental retardation or a developmental	38248
disability and in interpreting the answers of the person.	38249

(B) Before entering upon official duties, the interpreter	38250
shall take an oath that the interpreter will make a true	38251
interpretation of the proceedings to the party or witness, and	38252
that the interpreter will truly repeat the statements made by such	38253
party or witness to the court, to the best of the interpreter's	38254
ability. If the interpreter is appointed to assist a mentally	38255
retarded person or developmentally disabled person as described in	38256
division (A)(2) of this section, the oath also shall include an	38257
oath that the interpreter will not prompt, lead, suggest, or	38258
otherwise improperly influence the testimony of the witness or	38259
party.	38260

(C) The court shall determine a reasonable fee for all such	38261
interpreter service which shall be paid out of the same funds as	38262
witness fees. If the party taxed with costs is indigent, the court	38263
shall not tax the interpreter's fees as costs, and the county	38264
shall pay the interpreter's fees.	38265

(D) As used in this section, "mentally retarded person" and	38266
"developmentally disabled person" have the same meanings as in	38267
section 5123.01 of the Revised Code.	38268

Sec. 2317.02. The following persons shall not testify in	38269
certain respects:	38270

(A)(1) An attorney, concerning a communication made to the	38271
attorney by a client in that relation or concerning the attorney's	38272
advice to a client, except that the attorney may testify by	38273
express consent of the client or, if the client is deceased, by	38274
the express consent of the surviving spouse or the executor or	38275
administrator of the estate of the deceased client. However, if	38276
the client voluntarily reveals the substance of attorney-client	38277
communications in a nonprivileged context or is deemed by section	38278
2151.421 of the Revised Code to have waived any testimonial	38279
privilege under this division, the attorney may be compelled to	38280
testify on the same subject.	38281

The testimonial privilege established under this division	38282
does not apply concerning a communication between a client who has	38283
since died and the deceased client's attorney if the communication	38284
is relevant to a dispute between parties who claim through that	38285
deceased client, regardless of whether the claims are by testate	38286
or intestate succession or by inter vivos transaction, and the	38287
dispute addresses the competency of the deceased client when the	38288
deceased client executed a document that is the basis of the	38289
dispute or whether the deceased client was a victim of fraud,	38290
undue influence, or duress when the deceased client executed a	38291
document that is the basis of the dispute.	38292

(2) An attorney, concerning a communication made to the	38293
attorney by a client in that relationship or the attorney's advice	38294
to a client, except that if the client is an insurance company,	38295
the attorney may be compelled to testify, subject to an in camera	38296
inspection by a court, about communications made by the client to	38297
the attorney or by the attorney to the client that are related to	38298
the attorney's aiding or furthering an ongoing or future	38299
commission of bad faith by the client, if the party seeking	38300
disclosure of the communications has made a prima-facie showing of	38301
bad faith, fraud, or criminal misconduct by the client.	38302

(B)(1) A physician or a dentist concerning a communication	38303
made to the physician or dentist by a patient in that relation or	38304
the physician's or dentist's advice to a patient, except as	38305
otherwise provided in this division, division (B)(2), and division	38306
(B)(3) of this section, and except that, if the patient is deemed	38307
by section 2151.421 of the Revised Code to have waived any	38308
testimonial privilege under this division, the physician may be	38309
compelled to testify on the same subject.	38310

The testimonial privilege established under this division	38311
does not apply, and a physician or dentist may testify or may be	38312
compelled to testify, in any of the following circumstances:	38313

(a) In any civil action, in accordance with the discovery	38314
provisions of the Rules of Civil Procedure in connection with a	38315
civil action, or in connection with a claim under Chapter 4123. of	38316
the Revised Code, under any of the following circumstances:	38317

(i) If the patient or the guardian or other legal	38318
representative of the patient gives express consent;	38319

(ii) If the patient is deceased, the spouse of the patient or	38320
the executor or administrator of the patient's estate gives	38321
express consent;	38322

(iii) If a medical claim, dental claim, chiropractic claim,	38323
or optometric claim, as defined in section 2305.113 of the Revised	38324
Code, an action for wrongful death, any other type of civil	38325
action, or a claim under Chapter 4123. of the Revised Code is	38326
filed by the patient, the personal representative of the estate of	38327
the patient if deceased, or the patient's guardian or other legal	38328
representative.	38329

(b) In any civil action concerning court-ordered treatment or	38330
services received by a patient, if the court-ordered treatment or	38331
services were ordered as part of a case plan journalized under	38332
section 2151.412 of the Revised Code or the court-ordered	38333
treatment or services are necessary or relevant to dependency,	38334
neglect, or abuse or temporary or permanent custody proceedings	38335
under Chapter 2151. of the Revised Code.	38336

(c) In any criminal action concerning any test or the results	38337
of any test that determines the presence or concentration of	38338
alcohol, a drug of abuse, a combination of them, a controlled	38339
substance, or a metabolite of a controlled substance in the	38340
patient's whole blood, blood serum or plasma, breath, urine, or	38341
other bodily substance at any time relevant to the criminal	38342
offense in question.	38343

(d) In any criminal action against a physician or dentist. In	38344
such an action, the testimonial privilege established under this	38345
division does not prohibit the admission into evidence, in	38346
accordance with the Rules of Evidence, of a patient's medical or	38347
dental records or other communications between a patient and the	38348
physician or dentist that are related to the action and obtained	38349
by subpoena, search warrant, or other lawful means. A court that	38350
permits or compels a physician or dentist to testify in such an	38351
action or permits the introduction into evidence of patient	38352
records or other communications in such an action shall require	38353
that appropriate measures be taken to ensure that the	38354
confidentiality of any patient named or otherwise identified in	38355
the records is maintained. Measures to ensure confidentiality that	38356
may be taken by the court include sealing its records or deleting	38357
specific information from its records.	38358

(e)(i) If the communication was between a patient who has	38359
since died and the deceased patient's physician or dentist, the	38360
communication is relevant to a dispute between parties who claim	38361
through that deceased patient, regardless of whether the claims	38362
are by testate or intestate succession or by inter vivos	38363
transaction, and the dispute addresses the competency of the	38364
deceased patient when the deceased patient executed a document	38365
that is the basis of the dispute or whether the deceased patient	38366
was a victim of fraud, undue influence, or duress when the	38367
deceased patient executed a document that is the basis of the	38368
dispute.	38369

(ii) If neither the spouse of a patient nor the executor or	38370
administrator of that patient's estate gives consent under	38371
division (B)(1)(a)(ii) of this section, testimony or the	38372
disclosure of the patient's medical records by a physician,	38373
dentist, or other health care provider under division (B)(1)(e)(i)	38374
of this section is a permitted use or disclosure of protected	38375
health information, as defined in 45 C.F.R. 160.103, and an	38376
authorization or opportunity to be heard shall not be required.	38377

(iii) Division (B)(1)(e)(i) of this section does not require	38378
a mental health professional to disclose psychotherapy notes, as	38379
defined in 45 C.F.R. 164.501.	38380

(iv) An interested person who objects to testimony or	38381
disclosure under division (B)(1)(e)(i) of this section may seek a	38382
protective order pursuant to Civil Rule 26.	38383

(v) A person to whom protected health information is	38384
disclosed under division (B)(1)(e)(i) of this section shall not	38385
use or disclose the protected health information for any purpose	38386
other than the litigation or proceeding for which the information	38387
was requested and shall return the protected health information to	38388
the covered entity or destroy the protected health information,	38389
including all copies made, at the conclusion of the litigation or	38390
proceeding.	38391

(2)(a) If any law enforcement officer submits a written	38392
statement to a health care provider that states that an official	38393
criminal investigation has begun regarding a specified person or	38394
that a criminal action or proceeding has been commenced against a	38395
specified person, that requests the provider to supply to the	38396
officer copies of any records the provider possesses that pertain	38397
to any test or the results of any test administered to the	38398
specified person to determine the presence or concentration of	38399
alcohol, a drug of abuse, a combination of them, a controlled	38400
substance, or a metabolite of a controlled substance in the	38401
person's whole blood, blood serum or plasma, breath, or urine at	38402
any time relevant to the criminal offense in question, and that	38403
conforms to section 2317.022 of the Revised Code, the provider,	38404
except to the extent specifically prohibited by any law of this	38405
state or of the United States, shall supply to the officer a copy	38406
of any of the requested records the provider possesses. If the	38407
health care provider does not possess any of the requested	38408
records, the provider shall give the officer a written statement	38409
that indicates that the provider does not possess any of the	38410
requested records.	38411

(b) If a health care provider possesses any records of the	38412
type described in division (B)(2)(a) of this section regarding the	38413
person in question at any time relevant to the criminal offense in	38414
question, in lieu of personally testifying as to the results of	38415
the test in question, the custodian of the records may submit a	38416
certified copy of the records, and, upon its submission, the	38417
certified copy is qualified as authentic evidence and may be	38418
admitted as evidence in accordance with the Rules of Evidence.	38419
Division (A) of section 2317.422 of the Revised Code does not	38420
apply to any certified copy of records submitted in accordance	38421
with this division. Nothing in this division shall be construed to	38422
limit the right of any party to call as a witness the person who	38423
administered the test to which the records pertain, the person	38424
under whose supervision the test was administered, the custodian	38425
of the records, the person who made the records, or the person	38426
under whose supervision the records were made.	38427

(3)(a) If the testimonial privilege described in division	38428
(B)(1) of this section does not apply as provided in division	38429
(B)(1)(a)(iii) of this section, a physician or dentist may be	38430
compelled to testify or to submit to discovery under the Rules of	38431
Civil Procedure only as to a communication made to the physician	38432
or dentist by the patient in question in that relation, or the	38433
physician's or dentist's advice to the patient in question, that	38434
related causally or historically to physical or mental injuries	38435
that are relevant to issues in the medical claim, dental claim,	38436
chiropractic claim, or optometric claim, action for wrongful	38437
death, other civil action, or claim under Chapter 4123. of the	38438
Revised Code.	38439

(b) If the testimonial privilege described in division (B)(1)	38440
of this section does not apply to a physician or dentist as	38441
provided in division (B)(1)(c) of this section, the physician or	38442
dentist, in lieu of personally testifying as to the results of the	38443
test in question, may submit a certified copy of those results,	38444
and, upon its submission, the certified copy is qualified as	38445
authentic evidence and may be admitted as evidence in accordance	38446
with the Rules of Evidence. Division (A) of section 2317.422 of	38447
the Revised Code does not apply to any certified copy of results	38448
submitted in accordance with this division. Nothing in this	38449
division shall be construed to limit the right of any party to	38450
call as a witness the person who administered the test in	38451
question, the person under whose supervision the test was	38452
administered, the custodian of the results of the test, the person	38453
who compiled the results, or the person under whose supervision	38454
the results were compiled.	38455

(4) The testimonial privilege described in division (B)(1) of	38456
this section is not waived when a communication is made by a	38457
physician to a pharmacist or when there is communication between a	38458
patient and a pharmacist in furtherance of the physician-patient	38459
relation.	38460

(5)(a) As used in divisions (B)(1) to (4) of this section,	38461
"communication" means acquiring, recording, or transmitting any	38462
information, in any manner, concerning any facts, opinions, or	38463
statements necessary to enable a physician or dentist to diagnose,	38464
treat, prescribe, or act for a patient. A "communication" may	38465
include, but is not limited to, any medical or dental, office, or	38466
hospital communication such as a record, chart, letter,	38467
memorandum, laboratory test and results, x-ray, photograph,	38468
financial statement, diagnosis, or prognosis.	38469

(b) As used in division (B)(2) of this section, "health care	38470
provider" means a hospital, ambulatory care facility, long-term	38471
care facility, pharmacy, emergency facility, or health care	38472
practitioner.	38473

38474

(i) "Ambulatory care facility" means a facility that provides	38475
medical, diagnostic, or surgical treatment to patients who do not	38476
require hospitalization, including a dialysis center, ambulatory	38477
surgical facility, cardiac catheterization facility, diagnostic	38478
imaging center, extracorporeal shock wave lithotripsy center, home	38479
health agency, inpatient hospice, birthing center, radiation	38480
therapy center, emergency facility, and an urgent care center.	38481
"Ambulatory health care facility" does not include the private	38482
office of a physician or dentist, whether the office is for an	38483
individual or group practice.	38484

(ii) "Emergency facility" means a hospital emergency	38485
department or any other facility that provides emergency medical	38486
services.	38487

(iii) "Health care practitioner" has the same meaning as in	38488
section 4769.01 of the Revised Code.	38489

(iv) "Hospital" has the same meaning as in section 3727.01 of	38490
the Revised Code.	38491

(v) "Long-term care facility" means a nursing home,	38492
residential care facility, or home for the aging, as those terms	38493
are defined in section 3721.01 of the Revised Code; a residential	38494
facility licensed under section ~~5119.22~~5119.34 of the Revised	38495
Code that provides accommodations, supervision, and personal care	38496
services for three to sixteen unrelated adults; a nursing facility	38497
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	38498
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	38499
a ~~facility or portion of a facility certified as a~~ skilled	38500
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	38501
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	38502
section 5165.01 of the Revised Code; and an intermediate care	38503
facility for individuals with intellectual disabilities, as	38504
defined in section 5124.01 of the Revised Code.	38505

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	38506
the Revised Code.	38507

(d) As used in divisions (B)(1) and (2) of this section,	38508
"drug of abuse" has the same meaning as in section 4506.01 of the	38509
Revised Code.	38510

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	38511
apply to doctors of medicine, doctors of osteopathic medicine,	38512
doctors of podiatry, and dentists.	38513

(7) Nothing in divisions (B)(1) to (6) of this section	38514
affects, or shall be construed as affecting, the immunity from	38515
civil liability conferred by section 307.628 of the Revised Code	38516
or the immunity from civil liability conferred by section 2305.33	38517
of the Revised Code upon physicians who report an employee's use	38518
of a drug of abuse, or a condition of an employee other than one	38519
involving the use of a drug of abuse, to the employer of the	38520
employee in accordance with division (B) of that section. As used	38521
in division (B)(7) of this section, "employee," "employer," and	38522
"physician" have the same meanings as in section 2305.33 of the	38523
Revised Code.	38524

(C)(1) A cleric, when the cleric remains accountable to the	38525
authority of that cleric's church, denomination, or sect,	38526
concerning a confession made, or any information confidentially	38527
communicated, to the cleric for a religious counseling purpose in	38528
the cleric's professional character. The cleric may testify by	38529
express consent of the person making the communication, except	38530
when the disclosure of the information is in violation of a sacred	38531
trust and except that, if the person voluntarily testifies or is	38532
deemed by division (A)(4)(c) of section 2151.421 of the Revised	38533
Code to have waived any testimonial privilege under this division,	38534
the cleric may be compelled to testify on the same subject except	38535
when disclosure of the information is in violation of a sacred	38536
trust.	38537

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

38538

(a) "Cleric" means a member of the clergy, rabbi, priest,	38539
Christian Science practitioner, or regularly ordained, accredited,	38540
or licensed minister of an established and legally cognizable	38541
church, denomination, or sect.	38542

(b) "Sacred trust" means a confession or confidential	38543
communication made to a cleric in the cleric's ecclesiastical	38544
capacity in the course of discipline enjoined by the church to	38545
which the cleric belongs, including, but not limited to, the	38546
Catholic Church, if both of the following apply:	38547

(i) The confession or confidential communication was made	38548
directly to the cleric.	38549

(ii) The confession or confidential communication was made in	38550
the manner and context that places the cleric specifically and	38551
strictly under a level of confidentiality that is considered	38552
inviolate by canon law or church doctrine.	38553

(D) Husband or wife, concerning any communication made by one	38554
to the other, or an act done by either in the presence of the	38555
other, during coverture, unless the communication was made, or act	38556
done, in the known presence or hearing of a third person competent	38557
to be a witness; and such rule is the same if the marital relation	38558
has ceased to exist;	38559

(E) A person who assigns a claim or interest, concerning any	38560
matter in respect to which the person would not, if a party, be	38561
permitted to testify;	38562

(F) A person who, if a party, would be restricted under	38563
section 2317.03 of the Revised Code, when the property or thing is	38564
sold or transferred by an executor, administrator, guardian,	38565
trustee, heir, devisee, or legatee, shall be restricted in the	38566
same manner in any action or proceeding concerning the property or	38567
thing.	38568

(G)(1) A school guidance counselor who holds a valid educator	38569
license from the state board of education as provided for in	38570
section 3319.22 of the Revised Code, a person licensed under	38571
Chapter 4757. of the Revised Code as a professional clinical	38572
counselor, professional counselor, social worker, independent	38573
social worker, marriage and family therapist or independent	38574
marriage and family therapist, or registered under Chapter 4757.	38575
of the Revised Code as a social work assistant concerning a	38576
confidential communication received from a client in that relation	38577
or the person's advice to a client unless any of the following	38578
applies:	38579

(a) The communication or advice indicates clear and present	38580
danger to the client or other persons. For the purposes of this	38581
division, cases in which there are indications of present or past	38582
child abuse or neglect of the client constitute a clear and	38583
present danger.	38584

(b) The client gives express consent to the testimony.

38585

(c) If the client is deceased, the surviving spouse or the	38586
executor or administrator of the estate of the deceased client	38587
gives express consent.	38588

(d) The client voluntarily testifies, in which case the	38589
school guidance counselor or person licensed or registered under	38590
Chapter 4757. of the Revised Code may be compelled to testify on	38591
the same subject.	38592

(e) The court in camera determines that the information	38593
communicated by the client is not germane to the counselor-client,	38594
marriage and family therapist-client, or social worker-client	38595
relationship.	38596

(f) A court, in an action brought against a school, its	38597
administration, or any of its personnel by the client, rules after	38598
an in-camera inspection that the testimony of the school guidance	38599
counselor is relevant to that action.	38600

(g) The testimony is sought in a civil action and concerns	38601
court-ordered treatment or services received by a patient as part	38602
of a case plan journalized under section 2151.412 of the Revised	38603
Code or the court-ordered treatment or services are necessary or	38604
relevant to dependency, neglect, or abuse or temporary or	38605
permanent custody proceedings under Chapter 2151. of the Revised	38606
Code.	38607

(2) Nothing in division (G)(1) of this section shall relieve	38608
a school guidance counselor or a person licensed or registered	38609
under Chapter 4757. of the Revised Code from the requirement to	38610
report information concerning child abuse or neglect under section	38611
2151.421 of the Revised Code.	38612

(H) A mediator acting under a mediation order issued under	38613
division (A) of section 3109.052 of the Revised Code or otherwise	38614
issued in any proceeding for divorce, dissolution, legal	38615
separation, annulment, or the allocation of parental rights and	38616
responsibilities for the care of children, in any action or	38617
proceeding, other than a criminal, delinquency, child abuse, child	38618
neglect, or dependent child action or proceeding, that is brought	38619
by or against either parent who takes part in mediation in	38620
accordance with the order and that pertains to the mediation	38621
process, to any information discussed or presented in the	38622
mediation process, to the allocation of parental rights and	38623
responsibilities for the care of the parents' children, or to the	38624
awarding of parenting time rights in relation to their children;	38625

(I) A communications assistant, acting within the scope of	38626
the communication assistant's authority, when providing	38627
telecommunications relay service pursuant to section 4931.06 of	38628
the Revised Code or Title II of the "Communications Act of 1934,"	38629
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	38630
made through a telecommunications relay service. Nothing in this	38631
section shall limit the obligation of a communications assistant	38632
to divulge information or testify when mandated by federal law or	38633
regulation or pursuant to subpoena in a criminal proceeding.	38634

Nothing in this section shall limit any immunity or privilege	38635
granted under federal law or regulation.	38636

(J)(1) A chiropractor in a civil proceeding concerning a	38637
communication made to the chiropractor by a patient in that	38638
relation or the chiropractor's advice to a patient, except as	38639
otherwise provided in this division. The testimonial privilege	38640
established under this division does not apply, and a chiropractor	38641
may testify or may be compelled to testify, in any civil action,	38642
in accordance with the discovery provisions of the Rules of Civil	38643
Procedure in connection with a civil action, or in connection with	38644
a claim under Chapter 4123. of the Revised Code, under any of the	38645
following circumstances:	38646

(a) If the patient or the guardian or other legal	38647
representative of the patient gives express consent.	38648

(b) If the patient is deceased, the spouse of the patient or	38649
the executor or administrator of the patient's estate gives	38650
express consent.	38651

(c) If a medical claim, dental claim, chiropractic claim, or	38652
optometric claim, as defined in section 2305.113 of the Revised	38653
Code, an action for wrongful death, any other type of civil	38654
action, or a claim under Chapter 4123. of the Revised Code is	38655
filed by the patient, the personal representative of the estate of	38656
the patient if deceased, or the patient's guardian or other legal	38657
representative.	38658

(2) If the testimonial privilege described in division (J)(1)	38659
of this section does not apply as provided in division (J)(1)(c)	38660
of this section, a chiropractor may be compelled to testify or to	38661
submit to discovery under the Rules of Civil Procedure only as to	38662
a communication made to the chiropractor by the patient in	38663
question in that relation, or the chiropractor's advice to the	38664
patient in question, that related causally or historically to	38665
physical or mental injuries that are relevant to issues in the	38666
medical claim, dental claim, chiropractic claim, or optometric	38667
claim, action for wrongful death, other civil action, or claim	38668
under Chapter 4123. of the Revised Code.	38669

(3) The testimonial privilege established under this division	38670
does not apply, and a chiropractor may testify or be compelled to	38671
testify, in any criminal action or administrative proceeding.	38672

(4) As used in this division, "communication" means	38673
acquiring, recording, or transmitting any information, in any	38674
manner, concerning any facts, opinions, or statements necessary to	38675
enable a chiropractor to diagnose, treat, or act for a patient. A	38676
communication may include, but is not limited to, any	38677
chiropractic, office, or hospital communication such as a record,	38678
chart, letter, memorandum, laboratory test and results, x-ray,	38679
photograph, financial statement, diagnosis, or prognosis.	38680

(K)(1) Except as provided under division (K)(2) of this	38681
section, a critical incident stress management team member	38682
concerning a communication received from an individual who	38683
receives crisis response services from the team member, or the	38684
team member's advice to the individual, during a debriefing	38685
session.	38686

(2) The testimonial privilege established under division	38687
(K)(1) of this section does not apply if any of the following are	38688
true:	38689

(a) The communication or advice indicates clear and present	38690
danger to the individual who receives crisis response services or	38691
to other persons. For purposes of this division, cases in which	38692
there are indications of present or past child abuse or neglect of	38693
the individual constitute a clear and present danger.	38694

(b) The individual who received crisis response services	38695
gives express consent to the testimony.	38696

(c) If the individual who received crisis response services	38697
is deceased, the surviving spouse or the executor or administrator	38698
of the estate of the deceased individual gives express consent.	38699

(d) The individual who received crisis response services	38700
voluntarily testifies, in which case the team member may be	38701
compelled to testify on the same subject.	38702

(e) The court in camera determines that the information	38703
communicated by the individual who received crisis response	38704
services is not germane to the relationship between the individual	38705
and the team member.	38706

(f) The communication or advice pertains or is related to any	38707
criminal act.	38708

(3) As used in division (K) of this section:

38709

(a) "Crisis response services" means consultation, risk	38710
assessment, referral, and on-site crisis intervention services	38711
provided by a critical incident stress management team to	38712
individuals affected by crisis or disaster.	38713

(b) "Critical incident stress management team member" or	38714
"team member" means an individual specially trained to provide	38715
crisis response services as a member of an organized community or	38716
local crisis response team that holds membership in the Ohio	38717
critical incident stress management network.	38718

(c) "Debriefing session" means a session at which crisis	38719
response services are rendered by a critical incident stress	38720
management team member during or after a crisis or disaster.	38721

(L)(1) Subject to division (L)(2) of this section and except	38722
as provided in division (L)(3) of this section, an employee	38723
assistance professional, concerning a communication made to the	38724
employee assistance professional by a client in the employee	38725
assistance professional's official capacity as an employee	38726
assistance professional.	38727

(2) Division (L)(1) of this section applies to an employee	38728
assistance professional who meets either or both of the following	38729
requirements:	38730

(a) Is certified by the employee assistance certification	38731
commission to engage in the employee assistance profession;	38732

(b) Has education, training, and experience in all of the	38733
following:	38734

(i) Providing workplace-based services designed to address	38735
employer and employee productivity issues;	38736

(ii) Providing assistance to employees and employees'	38737
dependents in identifying and finding the means to resolve	38738
personal problems that affect the employees or the employees'	38739
performance;	38740

(iii) Identifying and resolving productivity problems	38741
associated with an employee's concerns about any of the following	38742
matters: health, marriage, family, finances, substance abuse or	38743
other addiction, workplace, law, and emotional issues;	38744

(iv) Selecting and evaluating available community resources;

38745

(v) Making appropriate referrals;

38746

(vi) Local and national employee assistance agreements;

38747

(vii) Client confidentiality.

38748

(3) Division (L)(1) of this section does not apply to any of	38749
the following:	38750

(a) A criminal action or proceeding involving an offense	38751
under sections 2903.01 to 2903.06 of the Revised Code if the	38752
employee assistance professional's disclosure or testimony relates	38753
directly to the facts or immediate circumstances of the offense;	38754

(b) A communication made by a client to an employee	38755
assistance professional that reveals the contemplation or	38756
commission of a crime or serious, harmful act;	38757

(c) A communication that is made by a client who is an	38758
unemancipated minor or an adult adjudicated to be incompetent and	38759
indicates that the client was the victim of a crime or abuse;	38760

(d) A civil proceeding to determine an individual's mental	38761
competency or a criminal action in which a plea of not guilty by	38762
reason of insanity is entered;	38763

(e) A civil or criminal malpractice action brought against	38764
the employee assistance professional;	38765

(f) When the employee assistance professional has the express	38766
consent of the client or, if the client is deceased or disabled,	38767
the client's legal representative;	38768

(g) When the testimonial privilege otherwise provided by	38769
division (L)(1) of this section is abrogated under law.	38770

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	38771
2317.41 of the Revised Code but subject to division (B) of this	38772
section, the records, or copies or photographs of the records, of	38773
a hospital, homes required to be licensed pursuant to section	38774
3721.01 of the Revised Code, and residential facilities licensed	38775
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	38776
provides accommodations, supervision, and personal care services	38777
for three to sixteen unrelated adults, in lieu of the testimony in	38778
open court of their custodian, person who made them, or person	38779
under whose supervision they were made, may be qualified as	38780
authentic evidence if any such person endorses thereon the	38781
person's verified certification identifying such records, giving	38782
the mode and time of their preparation, and stating that they were	38783
prepared in the usual course of the business of the institution.	38784
Such records, copies, or photographs may not be qualified by	38785
certification as provided in this section unless the party	38786
intending to offer them delivers a copy of them, or of their	38787
relevant portions, to the attorney of record for each adverse	38788
party not less than five days before trial. Nothing in this	38789
section shall be construed to limit the right of any party to call	38790
the custodian, person who made such records, or person under whose	38791
supervision they were made, as a witness.	38792

(B) Division (A) of this section does not apply to any	38793
certified copy of the results of any test given to determine the	38794
presence or concentration of alcohol, a drug of abuse, a	38795
combination of them, a controlled substance, or a metabolite of a	38796
controlled substance in a patient's whole blood, blood serum or	38797
plasma, breath, or urine at any time relevant to a criminal	38798
offense that is submitted in a criminal action or proceeding in	38799
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	38800
of the Revised Code.	38801

Sec. 2329.192. (A) As used in this section:

38802

(1) "State lien" means a lien upon real estate, including	38803
lands and tenements, of persons indebted to the state for debt,	38804
taxes, or in any other manner recorded by a state agency in any	38805
office of the clerk of a county court or the county recorder.	38806

(2) "State lienholder" means the department, agency, or other	38807
division of the state in whose name a state lien has been filed or	38808
recorded.	38809

(B) In every action seeking the judicial sale of real estate	38810
that is subject to a state lien, all of the following apply:	38811

(1) The party seeking a judicial sale shall include the state	38812
lienholder as a party defendant and shall serve that state	38813
lienholder with a copy of the preliminary judicial report or	38814
commitment for an owner's fee policy of title insurance filed in	38815
accordance with section 2329.191 of the Revised Code.	38816

(2) A state lienholder shall not be made a party defendant if	38817
no state lien has been recorded against the owner of the real	38818
estate for which the judicial sale is sought.	38819

(3) The appearance of the state lienholder shall be presumed	38820
for purposes of jurisdiction, and the court shall take judicial	38821
notice that the state has a lien against the real estate.	38822

(4) A state lienholder may, but is not required to, file an	38823
answer to the complaint or any other pleading in the action if the	38824
amount, validity, or priority of the state lien is not identified	38825
in the pleadings as disputed and shall file an answer to the	38826
complaint or any other pleading in the action if the amount,	38827
validity, or priority of the state lien is identified in the	38828
pleadings as disputed. If a state lien is not identified as	38829
disputed, unless the state files an answer or other responsive	38830
pleading, the party seeking the judicial sale is not required to	38831
serve the state lienholder with any answer or subsequent pleadings	38832
in the action for judicial sale.	38833

(5) As part of any order confirming the sale of the real	38834
estate that is subject to any undisputed state lien or	38835
distributing the proceeds of any judicial sale of real estate, the	38836
undisputed state lien shall be protected as if the state had	38837
appeared in the action and filed an answer asserting the validity	38838
of the state lien as recorded in the office of the clerk of the	38839
county court or the office of the county recorder.	38840

(6) Any party asserting a dispute as to the amount, validity,	38841
or priority of the state lien or of any lien or other interest	38842
that has priority over the state lien shall serve the state	38843
lienholder and the attorney general with notice of the dispute,	38844
and the state lienholder shall be permitted to file a responsive	38845
pleading and participate in the proceedings as if the state	38846
lienholder had been served with a summons on the date the state	38847
lienholder received notice of the dispute.	38848

(C) Upon the judicial sale of the real estate that is the	38849
subject of an action under division (B) of this section, the	38850
interest of any undisputed state lien shall transfer to the	38851
proceeds of the sale of the real estate, and the state lienholder	38852
shall be entitled to payment from the proceeds of the sale of the	38853
real estate in accordance with the state lienholder's priority as	38854
set forth in the final judicial report or commitment for an	38855
owner's fee policy of title insurance filed in accordance with	38856
section 2329.191 of the Revised Code.	38857

Sec. 2335.09. Whenever, in any criminal proceeding or	38858
prosecution for the violation of an ordinance, or in a hearing	38859
before a coroner, an interpreter is necessary, the judge,	38860
magistrate, or coroner may appoint interpreters, who shall receive	38861
fees as witnesses in the case or proceeding. Such fees shall be	38862
taxed and paid as provided by sections 2335.05 to 2335.08,	38863
~~inclusive,~~ of the Revised Code for other witness fees. If the	38864
party taxed with costs is indigent, interpreter's fees shall not	38865
be taxed as costs, and the legislative authority of the court	38866
shall pay the interpreter's fees. This section shall not apply if,	38867
by law, an interpreter is otherwise provided.	38868

Sec. 2335.11. In felony cases in which the defendant is	38869
convicted, the fees of the various magistrates and their officers,	38870
the witness fees, and interpreter's fees shall be inserted in the	38871
judgment of conviction and, when collected shall be disbursed by	38872
the clerk of the court of common pleas to the persons entitled	38873
thereto. In minor state cases, which have come to the court of	38874
common pleas through such magistrate's courts, the fees enumerated	38875
by this section shall be inserted in the judgment of conviction	38876
and, when collected shall be disbursed by the clerk to the persons	38877
entitled thereto. In both felonies and minor state cases, such	38878
clerk shall pay the witness and interpreter's fees into the county	38879
treasury, monthly.	38880

If the defendant is indigent, the interpreter's fees shall	38881
not be inserted in the judgment of conviction, and the county	38882
shall pay the interpreter's fees.	38883

In all cases in which recognizances are taken, forfeited, and	38884
collected, the amount recovered shall be paid into the county	38885
treasury, and if no conviction is had, such costs shall be paid by	38886
the county upon the allowance of the county auditor.	38887

Sec. 2501.16. (A) Each court of appeals may appoint one or	38888
more official reporters, law clerks, secretaries, and any other	38889
employees that the court considers necessary for its efficient	38890
operation.	38891

The clerk of the court of common pleas, acting as the clerk	38892
of the court of appeals for the county, shall perform the duties	38893
otherwise performed and collect the fees otherwise collected by	38894
the clerk of the court of common pleas, as set forth in section	38895
2303.03 of the Revised Code, and shall maintain the files and	38896
records of the court. The clerk of the court of common pleas,	38897
acting as the clerk of the court of appeals for the county, may	38898
refuse to accept for filing any pleading or paper submitted for	38899
filing by a person who has been found to be a vexatious litigator	38900
under section 2323.52 of the Revised Code and who has failed to	38901
obtain leave from the court of appeals to proceed under that	38902
section. The overhead expenses pertaining to the office of the	38903
clerk of the court of common pleas that result from the clerk's	38904
acting as clerk of the court of appeals for the county, other than	38905
wages and salaries, shall be paid from the funds provided under	38906
sections 2501.18 and 2501.181 of the Revised Code.	38907

Each officer and employee appointed pursuant to this section	38908
shall take an oath of office, serve at the pleasure of the court,	38909
and perform any duties that the court directs. Each reporter shall	38910
have the powers that are vested in official reporters of the court	38911
of common pleas under sections 2301.18 to ~~2301.26~~2301.25 of the	38912
Revised Code. Whenever an opinion, per curiam, or report of a case	38913
has been prepared in accordance with section 2503.20 of the	38914
Revised Code, the official reporter immediately shall forward one	38915
copy of the opinion, per curiam, or report to the reporter of the	38916
supreme court, without expense to the reporter.	38917

(B) The court of appeals may determine that, for the	38918
efficient operation of the court, additional funds are necessary	38919
to acquire and pay for special projects of the court, including,	38920
but not limited to, the acquisition of additional facilities or	38921
the rehabilitation of existing facilities, the acquisition of	38922
equipment, the hiring and training of staff, the employment of	38923
magistrates, the training and education of judges, acting judges,	38924
and magistrates, community service programs, and other related	38925
services. Upon that determination, the court by rule may charge a	38926
fee, in addition to all other court costs, on the filing of each	38927
case or cause over which the court has jurisdiction.	38928

If the court of appeals offers a special program or service	38929
in cases of a specific type, the court by rule may assess an	38930
additional charge in a case of that type, over and above court	38931
costs, to cover the special program or service. The court shall	38932
adjust the special assessment periodically, but not retroactively,	38933
so that the amount assessed in those cases does not exceed the	38934
actual cost of providing the service or program.	38935

All moneys collected under division (B) of this section shall	38936
be paid to the county treasurer of the county selected as the	38937
principal seat of that court of appeals for deposit into either a	38938
general special projects fund or a fund established for a specific	38939
special project. Moneys from a fund of that nature shall be	38940
disbursed upon an order of the court in an amount no greater than	38941
the actual cost to the court of a project. If a specific fund is	38942
terminated because of the discontinuance of a program or service	38943
established under division (B) of this section, the court may	38944
order that moneys remaining in the fund be transferred to an	38945
account established under this division for a similar purpose.	38946

Sec. 2505.02. (A) As used in this section:

38947

(1) "Substantial right" means a right that the United States	38948
Constitution, the Ohio Constitution, a statute, the common law, or	38949
a rule of procedure entitles a person to enforce or protect.	38950

(2) "Special proceeding" means an action or proceeding that	38951
is specially created by statute and that prior to 1853 was not	38952
denoted as an action at law or a suit in equity.	38953

(3) "Provisional remedy" means a proceeding ancillary to an	38954
action, including, but not limited to, a proceeding for a	38955
preliminary injunction, attachment, discovery of privileged	38956
matter, suppression of evidence, a prima-facie showing pursuant to	38957
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	38958
showing pursuant to section 2307.92 of the Revised Code, or a	38959
finding made pursuant to division (A)(3) of section 2307.93 of the	38960
Revised Code.	38961

(B) An order is a final order that may be reviewed, affirmed,	38962
modified, or reversed, with or without retrial, when it is one of	38963
the following:	38964

(1) An order that affects a substantial right in an action	38965
that in effect determines the action and prevents a judgment;	38966

(2) An order that affects a substantial right made in a	38967
special proceeding or upon a summary application in an action	38968
after judgment;	38969

(3) An order that vacates or sets aside a judgment or grants	38970
a new trial;	38971

(4) An order that grants or denies a provisional remedy and	38972
to which both of the following apply:	38973

(a) The order in effect determines the action with respect to	38974
the provisional remedy and prevents a judgment in the action in	38975
favor of the appealing party with respect to the provisional	38976
remedy.	38977

(b) The appealing party would not be afforded a meaningful or	38978
effective remedy by an appeal following final judgment as to all	38979
proceedings, issues, claims, and parties in the action.	38980

(5) An order that determines that an action may or may not be	38981
maintained as a class action;	38982

(6) An order determining the constitutionality of any changes	38983
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	38984
assembly, including the amendment of sections 1751.67, 2117.06,	38985
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	38986
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	38987
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	38988
of the 130th general assembly), and the enactment of sections	38989
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	38990
changes made by Sub. S.B. 80 of the 125th general assembly,	38991
including the amendment of sections 2125.02, 2305.10, 2305.131,	38992
2315.18, 2315.19, and 2315.21 of the Revised Code;	38993

(7) An order in an appropriation proceeding that may be	38994
appealed pursuant to division (B)(3) of section 163.09 of the	38995
Revised Code.	38996

(C) When a court issues an order that vacates or sets aside a	38997
judgment or grants a new trial, the court, upon the request of	38998
either party, shall state in the order the grounds upon which the	38999
new trial is granted or the judgment vacated or set aside.	39000

(D) This section applies to and governs any action, including	39001
an appeal, that is pending in any court on July 22, 1998, and all	39002
claims filed or actions commenced on or after July 22, 1998,	39003
notwithstanding any provision of any prior statute or rule of law	39004
of this state.	39005

Sec. 2701.03. (A) If a judge of the court of common pleas	39006
allegedly is interested in a proceeding pending before the court,	39007
allegedly is related to or has a bias or prejudice for or against	39008
a party to a proceeding pending before the court or a party's	39009
counsel, or allegedly otherwise is disqualified to preside in a	39010
proceeding pending before the court, any party to the proceeding	39011
or the party's counsel may file an affidavit of disqualification	39012
with the clerk of the supreme court in accordance with division	39013
(B) of this section.	39014

(B) An affidavit of disqualification filed under section	39015
2101.39 or, 2501.13, 2701.031, or 2743.041 of the Revised Code or	39016
division (A) of this section shall be filed with the clerk of the	39017
supreme court not less than seven calendar days before the day on	39018
which the next hearing in the proceeding is scheduled and shall	39019
include all of the following:	39020

(1) The specific allegations on which the claim of interest,	39021
bias, prejudice, or disqualification is based and the facts to	39022
support each of those allegations or, in relation to an affidavit	39023
filed against a judge of a court of appeals, a specific allegation	39024
that the judge presided in the lower court in the same proceeding	39025
and the facts to support that allegation;	39026

(2) The jurat of a notary public or another person authorized	39027
to administer oaths or affirmations;	39028

(3) A certificate indicating that a copy of the affidavit has	39029
been served on the probate judge, judge of a court of appeals, or	39030
judge of a court of common pleas, judge of a municipal or county	39031
court, or judge of the court of claims against whom the affidavit	39032
is filed and on all other parties or their counsel;	39033

(4) The date of the next scheduled hearing in the proceeding	39034
or, if there is no hearing scheduled, a statement that there is no	39035
hearing scheduled.	39036

(C)(1) Except as provided in division (C)(2) of this section,	39037
when an affidavit of disqualification is presented to the clerk of	39038
the supreme court for filing under division (B) of this section,	39039
all of the following apply:	39040

(a) The clerk of the supreme court shall accept the affidavit	39041
for filing and shall forward the affidavit to the chief justice of	39042
the supreme court.	39043

(b) The supreme court shall send notice of the filing of the	39044
affidavit to the probate court served by the judge if the	39045
affidavit is filed against a probate court judge, to the clerk of	39046
the court of appeals served by the judge if the affidavit is filed	39047
against a judge of a court of appeals, or to the clerk of the	39048
court of common pleas served by the judge if the affidavit is	39049
filed against a judge of a court of common pleas, to the clerk of	39050
the municipal or county court served by the judge if the affidavit	39051
is filed against a judge of a municipal or county court, or to the	39052
clerk of the court of claims if the affidavit is filed against a	39053
judge of the court of claims.	39054

(c) Upon receipt of the notice under division (C)(1)(b) of	39055
this section, the probate court, the clerk of the court of	39056
appeals, or the clerk of the court of common pleas, the clerk of	39057
the municipal or county court, or the clerk of the court of claims	39058
shall enter the fact of the filing of the affidavit on the docket	39059
of the probate court, the docket of the court of appeals, or the	39060
docket in the proceeding in the court of common pleas, the docket	39061
of the proceeding in the municipal or county court, or the docket	39062
of the proceeding in the court of claims.	39063

(2) The clerk of the supreme court shall not accept an	39064
affidavit of disqualification presented for filing under division	39065
(B) of this section if it is not timely presented for filing or	39066
does not satisfy the requirements of divisions (B)(2), (3), and	39067
(4) of this section.	39068

(D)(1) Except as provided in divisions (D)(2) to (4) of this	39069
section, if the clerk of the supreme court accepts an affidavit of	39070
disqualification for filing under divisions (B) and (C) of this	39071
section, the affidavit deprives the judge against whom the	39072
affidavit was filed of any authority to preside in the proceeding	39073
until the chief justice of the supreme court, or a justice of the	39074
supreme court designated by the chief justice, rules on the	39075
affidavit pursuant to division (E) of this section.	39076

(2) A judge against whom an affidavit of disqualification has	39077
been filed under divisions (B) and (C) of this section may do any	39078
of the following that is applicable:	39079

(a) If, based on the scheduled hearing date, the affidavit	39080
was not timely filed, the judge may preside in the proceeding.	39081

(b) If the proceeding is a domestic relations proceeding, the	39082
judge may issue any temporary order relating to spousal support	39083
pendente lite and the support, maintenance, and allocation of	39084
parental rights and responsibilities for the care of children.	39085

(c) If the proceeding pertains to a complaint brought	39086
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge	39087
may issue any temporary order pertaining to the relation and	39088
conduct of any other person toward a child who is the subject of a	39089
complaint as the interest and welfare of the child may require.	39090

(3) A judge against whom an affidavit of disqualification has	39091
been filed under divisions (B) and (C) of this section may	39092
determine a matter that does not affect a substantive right of any	39093
of the parties.	39094

(4) If the clerk of the supreme court accepts an affidavit of	39095
disqualification for filing under divisions (B) and (C) of this	39096
section, if the chief justice of the supreme court, or a justice	39097
of the supreme court designated by the chief justice, denies the	39098
affidavit of disqualification pursuant to division (E) of this	39099
section, and if, after the denial, a second or subsequent	39100
affidavit of disqualification regarding the same judge and the	39101
same proceeding is filed by the same party who filed or on whose	39102
behalf was filed the affidavit that was denied or by counsel for	39103
the same party who filed or on whose behalf was filed the	39104
affidavit that was denied, the judge against whom the second or	39105
subsequent affidavit is filed may preside in the proceeding prior	39106
to the ruling of the chief justice of the supreme court, or a	39107
justice designated by the chief justice, on the second or	39108
subsequent affidavit.	39109

(E) If the clerk of the supreme court accepts an affidavit of	39110
disqualification for filing under divisions (B) and (C) of this	39111
section and if the chief justice of the supreme court, or any	39112
justice of the supreme court designated by the chief justice,	39113
determines that the interest, bias, prejudice, or disqualification	39114
alleged in the affidavit does not exist, the chief justice or the	39115
designated justice shall issue an entry denying the affidavit of	39116
disqualification. If the chief justice of the supreme court, or	39117
any justice of the supreme court designated by the chief justice,	39118
determines that the interest, bias, prejudice, or disqualification	39119
alleged in the affidavit exists, the chief justice or the	39120
designated justice shall issue an entry that disqualifies that	39121
judge from presiding in the proceeding and either order that the	39122
proceeding be assigned to another judge of the court of which the	39123
disqualified judge is a member, to a judge of another court, or to	39124
a retired judge.	39125

Sec. 2701.031. ~~(A)~~ If a judge of a municipal or county court	39126
allegedly is interested in a proceeding pending before the judge,	39127
allegedly is related to or has a bias or prejudice for or against	39128
a party to a proceeding pending before the judge or to a party's	39129
counsel, or allegedly otherwise is disqualified to preside in a	39130
proceeding pending before the judge, any party to the proceeding	39131
or the party's counsel may file an affidavit of disqualification	39132
with the clerk of the supreme court ~~in which the proceeding is~~	39133
~~pending~~. The affidavit of disqualification shall be filed and	39134
decided in accordance with divisions (B) to (E) of section 2701.03	39135
of the Revised Code, and, upon the filing of the affidavit, the	39136
provisions of those divisions apply to the affidavit, the	39137
proceeding, the judge, and the parties to the proceeding.	39138

~~(B) An affidavit of disqualification shall be filed under~~	39139
~~this section with the clerk of the court in which the proceeding~~	39140
~~is pending not less than seven calendar days before the day on~~	39141
~~which the next hearing in the proceeding is scheduled and shall~~	39142
~~include all of the following:~~	39143

~~(1) The specific allegations on which the claim of interest,~~	39144
~~bias, prejudice, or disqualification is based and the facts to~~	39145
~~support each of those allegations;~~	39146

~~(2) The jurat of a notary public or another person authorized~~	39147
~~to administer oaths or affirmations;~~	39148

~~(3) A certificate indicating that a copy of the affidavit has~~	39149
~~been served on the judge of the municipal or county court against~~	39150
~~whom the affidavit is filed and on all other parties or their~~	39151
~~counsel;~~	39152

~~(4) The date of the next scheduled hearing in the proceeding~~	39153
~~or, if there is no hearing scheduled, a statement that there is no~~	39154
~~hearing scheduled.~~	39155

~~(C)(1) Except as provided in division (C)(2) of this section,~~	39156
~~when an affidavit of disqualification is presented to the clerk of~~	39157
~~a municipal or county court for filing under division (B) of this~~	39158
~~section, the clerk shall enter the fact of the filing on the~~	39159
~~docket in that proceeding and shall provide notice of the filing~~	39160
~~of the affidavit to one of the following:~~	39161

~~(a) The presiding judge of the court of common pleas of the~~	39162
~~county;~~	39163

~~(b) If there is no presiding judge of the court of common~~	39164
~~pleas of the county, a judge of the court of common pleas of the~~	39165
~~county.~~	39166

~~(2) The clerk of the municipal or county court in which a~~	39167
~~proceeding is pending shall not accept an affidavit of~~	39168
~~disqualification presented for filing under division (B) of this~~	39169
~~section if it is not timely presented for filing or does not~~	39170
~~satisfy the requirements of divisions (B)(2), (3), and (4) of this~~	39171
~~section.~~	39172

~~(D)(1) Except as provided in divisions (D)(2) to (4) of this~~	39173
~~section, if the clerk of the municipal or county court in which a~~	39174
~~proceeding is pending accepts an affidavit of disqualification for~~	39175
~~filing under divisions (B) and (C) of this section, the affidavit~~	39176
~~deprives the judge of a municipal or county court against whom the~~	39177
~~affidavit was filed of any authority to preside in the proceeding~~	39178
~~until the judge who was notified pursuant to division (C)(1) of~~	39179
~~this section rules on the affidavit pursuant to division (E) of~~	39180
~~this section.~~	39181

~~(2) A judge of a municipal or county court against whom an~~	39182
~~affidavit of disqualification has been filed under divisions (B)~~	39183
~~and (C) of this section may preside in the proceeding if, based on~~	39184
~~the scheduled hearing date, the affidavit was not timely filed.~~	39185

~~(3) A judge of a municipal or county court against whom an~~	39186
~~affidavit of disqualification has been filed under divisions (B)~~	39187
~~and (C) of this section may determine a matter that does not~~	39188
~~affect a substantive right of any of the parties.~~	39189

~~(4) If the clerk of a municipal or county court accepts an~~	39190
~~affidavit of disqualification for filing under divisions (B) and~~	39191
~~(C) of this section, if the judge who is notified pursuant to~~	39192
~~division (C)(1) of this section of the filing of the affidavit of~~	39193
~~disqualification denies the affidavit pursuant to division (E) of~~	39194
~~this section, and if, after the denial, a second or subsequent~~	39195
~~affidavit of disqualification regarding the same judge and the~~	39196
~~same proceeding is filed by the same party who filed or on whose~~	39197
~~behalf was filed the affidavit that was denied or by counsel for~~	39198
~~the same party who filed or on whose behalf was filed the~~	39199
~~affidavit that was denied, the judge of a municipal or county~~	39200
~~court against whom the second or subsequent affidavit is filed may~~	39201
~~preside in the proceeding prior to the ruling, by the judge who is~~	39202
~~notified pursuant to division (C)(1) of this section, on the~~	39203
~~second or subsequent affidavit pursuant to division (E) of this~~	39204
~~section.~~	39205

~~(E) If the clerk of a municipal or county court accepts an~~	39206
~~affidavit of disqualification for filing under divisions (B) and~~	39207
~~(C) of this section and if the judge who is notified pursuant to~~	39208
~~division (C)(1) of this section of the filing of the affidavit~~	39209
~~determines that the interest, bias, prejudice, or disqualification~~	39210
~~alleged in the affidavit does not exist, the judge who is so~~	39211
~~notified shall issue an entry denying the affidavit of~~	39212
~~disqualification. If the judge who is notified pursuant to~~	39213
~~division (C)(1) of this section of the filing of the affidavit~~	39214
~~determines that the interest, bias, prejudice, or disqualification~~	39215
~~alleged in the affidavit exists, the judge who is so notified~~	39216
~~shall issue an entry that disqualifies the judge against whom the~~	39217
~~affidavit was filed from presiding in the proceeding and designate~~	39218
~~another judge of the municipal or county court, or of the court of~~	39219
~~common pleas, to preside in the proceeding in place of the~~	39220
~~disqualified judge.~~	39221

Sec. 2743.03. (A)(1) There is hereby created a court of	39222
claims. The court of claims is a court of record and has	39223
exclusive, original jurisdiction of all civil actions against the	39224
state permitted by the waiver of immunity contained in section	39225
2743.02 of the Revised Code,and exclusive jurisdiction of the	39226
causes of action of all parties in civil actions that are removed	39227
to the court of claims~~, and jurisdiction to hear appeals from the~~	39228
~~decisions of the court of claims commissioners~~. The court shall	39229
have full equity powers in all actions within its jurisdiction and	39230
may entertain and determine all counterclaims, cross-claims, and	39231
third-party claims.	39232

(2) If the claimant in a civil action as described in	39233
division (A)(1) of this section also files a claim for a	39234
declaratory judgment, injunctive relief, or other equitable relief	39235
against the state that arises out of the same circumstances that	39236
gave rise to the civil action described in division (A)(1) of this	39237
section, the court of claims has exclusive, original jurisdiction	39238
to hear and determine that claim in that civil action. This	39239
division does not affect, and shall not be construed as affecting,	39240
the original jurisdiction of another court of this state to hear	39241
and determine a civil action in which the sole relief that the	39242
claimant seeks against the state is a declaratory judgment,	39243
injunctive relief, or other equitable relief.	39244

(3) In addition to its exclusive, original jurisdiction as	39245
conferred by division (A)(1) and (2) of this section, the court of	39246
claims has exclusive, original jurisdiction as described in	39247
division (F) of section 2743.02, division (B) of section 3335.03,	39248
and division (C) of section 5903.02 of the Revised Code.	39249

(B) The court of claims shall sit in Franklin county, its	39250
hearings shall be public, and it shall consist of incumbent	39251
justices or judges of the supreme court, courts of appeals, or	39252
courts of common pleas, or retired justices or judges eligible for	39253
active duty pursuant to division (C) of Section 6 of Article IV,	39254
Ohio Constitution, sitting by temporary assignment of the chief	39255
justice of the supreme court. The chief justice may direct the	39256
court to sit in any county for cases on removal upon a showing of	39257
substantial hardship and whenever justice dictates.	39258

(C)(1) A civil action against the state shall be heard and	39259
determined by a single judge. Upon application by the claimant or	39260
the state, the chief justice of the supreme court may assign a	39261
panel of three judges to hear and determine a civil action	39262
presenting novel or complex issues of law or fact. Concurrence of	39263
two members of the panel is necessary for any judgment or order.	39264

(2) Whenever the chief justice of the supreme court believes	39265
an equitable resolution of a case will be expedited, the chief	39266
justice may appoint ~~referees~~magistrates in accordance with Civil	39267
Rule 53 to hear the case.	39268

(3) When any dispute under division (B) of section 153.12 of	39269
the Revised Code is brought to the court of claims, upon request	39270
of either party to the dispute, the chief justice of the supreme	39271
court shall appoint a single referee or a panel of three referees.	39272
The referees need not be attorneys, but shall be persons	39273
knowledgeable about construction contract law, a member of the	39274
construction industry panel of the American arbitration	39275
association, or an individual or individuals deemed qualified by	39276
the chief justice to serve. No person shall serve as a referee if	39277
that person has been employed by an affected state agency or a	39278
contractor or subcontractor involved in the dispute at any time in	39279
the preceding five years. Proceedings governing referees shall be	39280
in accordance with Civil Rule 53, except as modified by this	39281
division. The referee or panel of referees shall submit its	39282
report, which shall include a recommendation and finding of fact,	39283
to the judge assigned to the case by the chief justice, within	39284
thirty days of the conclusion of the hearings. Referees appointed	39285
pursuant to this division shall be compensated on a per diem basis	39286
at the same rate as is paid to judges of the court and also shall	39287
be paid their expenses. If a single referee is appointed or a	39288
panel of three referees is appointed, then, with respect to one	39289
referee of the panel, the compensation and expenses of the referee	39290
shall not be taxed as part of the costs in the case but shall be	39291
included in the budget of the court. If a panel of three referees	39292
is appointed, the compensation and expenses of the two remaining	39293
referees shall be taxed as costs of the case.	39294

All costs of a case shall be apportioned among the parties.	39295
The court may not require that any party deposit with the court	39296
cash, bonds, or other security in excess of two hundred dollars to	39297
guarantee payment of costs without the prior approval in each case	39298
of the chief justice.	39299

(4) An appeal from a decision of the ~~court of claims~~	39300
~~commissioners~~attorney general shall be heard and determined by	39301
one judge of the court of claims.	39302

(D) The Rules of Civil Procedure shall govern practice and	39303
procedure in all actions in the court of claims, except insofar as	39304
inconsistent with this chapter. The supreme court may promulgate	39305
rules governing practice and procedure in actions in the court as	39306
provided in Section 5 of Article IV, Ohio Constitution.	39307

(E)(1) A party who files a counterclaim against the state or	39308
makes the state a third-party defendant in an action commenced in	39309
any court, other than the court of claims, shall file a petition	39310
for removal in the court of claims. The petition shall state the	39311
basis for removal, be accompanied by a copy of all process,	39312
pleadings, and other papers served upon the petitioner, and shall	39313
be signed in accordance with Civil Rule 11. A petition for removal	39314
based on a counterclaim shall be filed within twenty-eight days	39315
after service of the counterclaim of the petitioner. A petition	39316
for removal based on third-party practice shall be filed within	39317
twenty-eight days after the filing of the third-party complaint of	39318
the petitioner.	39319

(2) Within seven days after filing a petition for removal,	39320
the petitioner shall give written notice to the parties, and shall	39321
file a copy of the petition with the clerk of the court in which	39322
the action was brought originally. The filing effects the removal	39323
of the action to the court of claims, and the clerk of the court	39324
where the action was brought shall forward all papers in the case	39325
to the court of claims. The court of claims shall adjudicate all	39326
civil actions removed. The court may remand a civil action to the	39327
court in which it originated upon a finding that the removal	39328
petition does not justify removal, or upon a finding that the	39329
state is no longer a party.	39330

(3) Bonds, undertakings, or security and injunctions,	39331
attachments, sequestrations, or other orders issued prior to	39332
removal remain in effect until dissolved or modified by the court	39333
of claims.	39334

Sec. 2743.041. If a judge of the court of claims allegedly	39335
is interested in a proceeding pending before the judge, allegedly	39336
is related to or has a bias or prejudice for or against a party to	39337
a proceeding pending before the judge or to a party's counsel, or	39338
allegedly otherwise is disqualified to preside in a proceeding	39339
pending before the judge, any party to the proceeding or the	39340
party's counsel may file an affidavit of disqualification with the	39341
clerk of the supreme court. The affidavit of disqualification	39342
shall be filed and decided in accordance with divisions (B) to (E)	39343
of section 2701.03 of the Revised Code, and, upon the filing of	39344
the affidavit, the provisions of those divisions apply to the	39345
affidavit, the proceeding, the judge, and the parties to the	39346
proceeding.	39347

Sec. 2743.09. The clerk of the court of claims shall do all	39348
of the following:	39349

(A) Administer oaths and take and certify affidavits,	39350
depositions, and acknowledgments of powers of attorney and other	39351
instruments in writing;	39352

(B) Prepare the dockets, enter and record the orders,	39353
judgments, decisions, awards, and proceedings of the court of	39354
claims ~~and the court of claims commissioners~~, and issue writs and	39355
process;	39356

(C) Maintain an office in Franklin county in rooms provided	39357
by the supreme court for that purpose;	39358

(D) Keep an appearance docket of civil actions,and claims	39359
for an award of reparations~~, and appeals from decisions of the~~	39360
~~court of claims commissioners~~. The clerk may refuse to accept for	39361
filing any pleading or paper that relates to a civil action in the	39362
court of claims and that is submitted for filing by a person who	39363
has been found to be a vexatious litigator under section 2323.52	39364
of the Revised Code and who has failed to obtain leave to proceed	39365
under that section.	39366

Upon the commencement of an action or claim, the clerk shall	39367
assign it a number. This number shall be placed on the first page,	39368
and every continuation page, of the appearance docket that	39369
concerns the particular action or claim. In addition, this number	39370
and the names of the parties shall be placed on the case file and	39371
every paper filed in the action or claim.	39372

At the time the action is commenced the clerk shall enter in	39373
the appearance docket the names of the parties in full and the	39374
names of counsel and shall index the action alphabetically by the	39375
last name of each party. Thereafter, the clerk shall	39376
chronologically note in the appearance docket all process issued	39377
and returns, pleas, motions, papers filed in the action, orders,	39378
verdicts, and judgments. The notations shall be brief but shall	39379
show the date of filing, substance, and journal volume and page of	39380
each order, verdict, and judgment. An action is commenced for	39381
purposes of this division by the filing of a complaint, including	39382
a form complaint under section 2743.10 of the Revised Code or a	39383
petition for removal.	39384

At the time an appeal for an award of reparations is	39385
commenced, the clerk shall enter the full names of the claimant,	39386
the victim, and the attorneys in the appearance docket and shall	39387
index the claim alphabetically by the last name of the claimant	39388
and the victim. Thereafter, the clerk shall chronologically note	39389
in the appearance docket all process issued and returns, motions,	39390
papers filed in the claim, orders, decisions, and awards. The	39391
notations shall be brief but shall show the date of filing,	39392
substance, and journal volume and page of each order.	39393

(E) Keep all original papers filed in an action or claim in a	39394
separate file folder and a journal in which all orders, verdicts,	39395
and judgments of the court ~~and commissioners~~ shall be recorded;	39396

(F) Charge and collect fees pursuant to section 2303.20 of	39397
the Revised Code, keep a cashbook in which the clerk shall enter	39398
the amounts received, make a report to the clerk of the supreme	39399
court each quarter of the fees received during the preceding	39400
quarter, and pay them monthly into the state treasury;	39401

(G) Appoint reporters and other clerical personnel;

39402

(H) Under the direction of the chief justice, establish	39403
procedures for hearing and determining appeals for an award of	39404
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	39405
Code.	39406

Sec. 2743.121. ~~(A) A panel of court of claims commissioners~~	39407
~~shall render its decisions as to claims for an award of~~	39408
~~reparations in writing and shall include separate findings of fact~~	39409
~~and any conclusions of law that are necessary. Orders as to claims~~	39410
~~for an award of reparations shall be entered on the journal, and~~	39411
~~the clerk shall certify on the order the date of journalization~~	39412
~~and shall send copies of the order and decision to the claimant,~~	39413
~~the attorney general, and the prosecuting attorney of the county~~	39414
~~in which the criminally injurious conduct occurred.~~	39415

~~(B) A judge of the~~The court of claims shall render ~~the~~	39416
~~judge's~~its decisions as to appeals from decisions of ~~a panel of~~	39417
~~court of claims commissioners~~the attorney general pursuant to	39418
sections 2743.51 to 2743.72 of the Revised Code in writing and	39419
shall include a separate finding for each issue contested upon	39420
appeal. Orders as to appeals shall be entered on the journal, and	39421
the clerk shall certify on the order the date of journalization	39422
and shall send copies of the order and decision to the claimant,	39423
the attorney general, and the prosecuting attorney of the county	39424
in which the criminally injurious conduct occurred.	39425

Sec. 2743.191. (A)(1) There is hereby created in the state	39426
treasury the reparations fund, which shall be used only for the	39427
following purposes:	39428

(a) The payment of awards of reparations that are granted by	39429
the attorney general;	39430

(b) The compensation of any personnel needed by the attorney	39431
general to administer sections 2743.51 to 2743.72 of the Revised	39432
Code;	39433

(c) The compensation of witnesses as provided in division (J)	39434
of section 2743.65 of the Revised Code;	39435

(d) Other administrative costs of hearing and determining	39436
claims for an award of reparations by the attorney general;	39437

(e) The costs of administering sections 2907.28 and 2969.01	39438
to 2969.06 of the Revised Code;	39439

(f) The costs of investigation and decision-making as	39440
certified by the attorney general;	39441

(g) The provision of state financial assistance to victim	39442
assistance programs in accordance with sections 109.91 and 109.92	39443
of the Revised Code;	39444

(h) The costs of paying the expenses of sex offense-related	39445
examinations and antibiotics pursuant to section 2907.28 of the	39446
Revised Code;	39447

(i) The cost of printing and distributing the pamphlet	39448
prepared by the attorney general pursuant to section 109.42 of the	39449
Revised Code;	39450

(j) Subject to division (D) of section 2743.71 of the Revised	39451
Code, the costs associated with the printing and providing of	39452
information cards or other printed materials to law enforcement	39453
agencies and prosecuting authorities and with publicizing the	39454
availability of awards of reparations pursuant to section 2743.71	39455
of the Revised Code;	39456

(k) The payment of costs of administering a DNA specimen	39457
collection procedure pursuant to sections 2152.74 and 2901.07 of	39458
the Revised Code, of performing DNA analysis of those DNA	39459
specimens, and of entering the resulting DNA records regarding	39460
those analyses into the DNA database pursuant to section 109.573	39461
of the Revised Code;	39462

(l) The payment of actual costs associated with initiatives	39463
by the attorney general for the apprehension, prosecution, and	39464
accountability of offenders, and the enhancing of services to	39465
crime victims. The amount of payments made pursuant to division	39466
(A)(1)(l) of this section during any given fiscal year shall not	39467
exceed five per cent of the balance of the reparations fund at the	39468
close of the immediately previous fiscal year;	39469

(m) The costs of administering the adult parole authority's	39470
supervision pursuant to division (E) of section 2971.05 of the	39471
Revised Code of sexually violent predators who are sentenced to a	39472
prison term pursuant to division (A)(3) of section 2971.03 of the	39473
Revised Code and of offenders who are sentenced to a prison term	39474
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	39475
(c), or (B)(3)(a), (b), (c), or (d) of that section;	39476

(n) Subject to the limit set forth in those sections, the	39477
costs of the installation and monitoring of an electronic	39478
monitoring device used in the monitoring of a respondent pursuant	39479
to an electronic monitoring order issued by a court under division	39480
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	39481
2903.214 of the Revised Code if the court determines that the	39482
respondent is indigent or used in the monitoring of an offender	39483
pursuant to an electronic monitoring order issued under division	39484
(B)(5) of section 2919.27 of the Revised Code if the court	39485
determines that the offender is indigent;	39486

(o) The provision of state financial assistance to rape	39487
crisis programs by the attorney general.	39488

(2) All costs paid pursuant to section 2743.70 of the Revised	39489
Code, the portions of license reinstatement fees mandated by	39490
division (F)(2)(b) of section 4511.191 of the Revised Code to be	39491
credited to the fund, the portions of the proceeds of the sale of	39492
a forfeited vehicle specified in division (C)(2) of section	39493
4503.234 of the Revised Code, payments collected by the department	39494
of rehabilitation and correction from prisoners who voluntarily	39495
participate in an approved work and training program pursuant to	39496
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	39497
all moneys collected by the state pursuant to its right of	39498
subrogation provided in section 2743.72 of the Revised Code shall	39499
be deposited in the fund.	39500

(B) In making an award of reparations, the attorney general	39501
shall render the award against the state. The award shall be	39502
accomplished only through the following procedure, and the	39503
following procedure may be enforced by writ of mandamus directed	39504
to the appropriate official:	39505

(1) The attorney general shall provide for payment of the	39506
claimant or providers in the amount of the award only if the	39507
amount of the award is fifty dollars or more.	39508

(2) The expense shall be charged against all available	39509
unencumbered moneys in the fund.	39510

(3) If sufficient unencumbered moneys do not exist in the	39511
fund, the attorney general shall make application for payment of	39512
the award out of the emergency purposes account or any other	39513
appropriation for emergencies or contingencies, and payment out of	39514
this account or other appropriation shall be authorized if there	39515
are sufficient moneys greater than the sum total of then pending	39516
emergency purposes account requests or requests for releases from	39517
the other appropriations.	39518

(4) If sufficient moneys do not exist in the account or any	39519
other appropriation for emergencies or contingencies to pay the	39520
award, the attorney general shall request the general assembly to	39521
make an appropriation sufficient to pay the award, and no payment	39522
shall be made until the appropriation has been made. The attorney	39523
general shall make this appropriation request during the current	39524
biennium and during each succeeding biennium until a sufficient	39525
appropriation is made. If, prior to the time that an appropriation	39526
is made by the general assembly pursuant to this division, the	39527
fund has sufficient unencumbered funds to pay the award or part of	39528
the award, the available funds shall be used to pay the award or	39529
part of the award, and the appropriation request shall be amended	39530
to request only sufficient funds to pay that part of the award	39531
that is unpaid.	39532

(C) The attorney general shall not make payment on a decision	39533
or order granting an award until all appeals have been determined	39534
and all rights to appeal exhausted, except as otherwise provided	39535
in this section. If any party to a claim for an award of	39536
reparations appeals from only a portion of an award, and a	39537
remaining portion provides for the payment of money by the state,	39538
that part of the award calling for the payment of money by the	39539
state and not a subject of the appeal shall be processed for	39540
payment as described in this section.	39541

(D) The attorney general shall prepare itemized bills for the	39542
costs of printing and distributing the pamphlet the attorney	39543
general prepares pursuant to section 109.42 of the Revised Code.	39544
The itemized bills shall set forth the name and address of the	39545
persons owed the amounts set forth in them.	39546

(E) The attorney general shall adopt rules under Chapter 119.	39547
of the Revised Code governing the provision of state financial	39548
assistance to rape crisis programs under division (A)(1)(o) of	39549
this section.	39550

(F) As used in this section,:

39551

(1) "DNA analysis" and "DNA specimen" have the same meanings	39552
as in section 109.573 of the Revised Code.	39553

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

39554

(a) The nonprofit state sexual assault coalition designated	39555
by the center for injury prevention and control of the federal	39556
centers for disease control and prevention;	39557

(b) A victim witness assistance program operated by a	39558
prosecuting attorney;	39559

(c) A program operated by a government-based or nonprofit	39560
entity that provides a full continuum of services to victims of	39561
sexual assault, including, but not limited to, hotlines, victim	39562
advocacy, and support services from the onset of the need for	39563
services through the completion of healing, that does not provide	39564
medical services, and that may refer victims to physicians for	39565
medical care but does not engage in or refer for services for	39566
which the use of genetic services funds is prohibited by section	39567
3701.511 of the Revised Code.	39568

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

39569

(a) A violation of section 2907.02, 2907.03, 2907.04,	39570
2907.05, or former section 2907.12 of the Revised Code;	39571

(b) A violation of an existing or former municipal ordinance	39572
or law of this or any other state or the United States that is or	39573
was substantially equivalent to any section listed in division	39574
(F)(3)(a) of this section.	39575

Sec. 2743.20. Appeals from orders and judgments of the court	39576
of claims lie to the same courts under the same circumstances, as	39577
appeals from the court of common pleas of Franklin county, and the	39578
same rules of law govern their determination. The decision of the	39579
court of claims with respect to an appeal from a decision of the	39580
~~court of claims commissioners~~the attorney general pursuant to	39581
sections 2743.51 to 2743.72 of the Revised Code is final, and no	39582
appeal from the decision of the court of claims lies to any other	39583
court.	39584

Sec. 2743.48. (A) As used in this section and section	39585
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	39586
means an individual who satisfies each of the following:	39587

(1) The individual was charged with a violation of a section	39588
of the Revised Code by an indictment or information, and the	39589
violation charged was an aggravated felony or felony.	39590

(2) The individual was found guilty of, but did not plead	39591
guilty to, the particular charge or a lesser-included offense by	39592
the court or jury involved, and the offense of which the	39593
individual was found guilty was an aggravated felony or felony.	39594

(3) The individual was sentenced to an indefinite or definite	39595
term of imprisonment in a state correctional institution for the	39596
offense of which the individual was found guilty.	39597

(4) The individual's conviction was vacated, dismissed, or	39598
reversed on appeal, the prosecuting attorney in the case cannot or	39599
will not seek any further appeal of right or upon leave of court,	39600
and no criminal proceeding is pending, can be brought, or will be	39601
brought by any prosecuting attorney, city director of law, village	39602
solicitor, or other chief legal officer of a municipal corporation	39603
against the individual for any act associated with that	39604
conviction.	39605

(5) Subsequent to sentencing and during or subsequent to	39606
imprisonment, an error in procedure resulted in the individual's	39607
release, or it was determined by the court of common pleas in the	39608
county where the underlying criminal action was initiated that the	39609
charged offense, including all lesser-included offenses, either	39610
was not committed by the individual or was not committed by any	39611
person.	39612

(B)(1) A person may file a civil action to be declared a	39613
wrongfully imprisoned individual in the court of common pleas in	39614
the county where the underlying criminal action was initiated.	39615
That civil action shall be separate from the underlying finding of	39616
guilt by the court of common pleas. The prosecuting attorney of	39617
that county shall be served with a copy of the complaint and shall	39618
defend all civil actions to determine a person to be a wrongfully	39619
imprisoned individual under this section. Upon the filing of a	39620
civil action to be determined a wrongfully imprisoned individual,	39621
the attorney general also shall be served with a copy of the	39622
complaint and shall be heard.	39623

(2) When the court of common pleas in the county where the	39624
underlying criminal action was initiated determines in a separate	39625
civil action that a person is a wrongfully imprisoned individual,	39626
the court shall provide the person with a copy of this section and	39627
orally inform the person and the person's attorney of the person's	39628
rights under this section to commence a civil action against the	39629
state in the court of claims because of the person's wrongful	39630
imprisonment and to be represented in that civil action by counsel	39631
of the person's own choice.	39632

(3) The court described in division (B)(1) of this section	39633
shall notify the clerk of the court of claims, in writing and	39634
within seven days after the date of the entry of its determination	39635
that the person is a wrongfully imprisoned individual, of the name	39636
and proposed mailing address of the person and of the fact that	39637
the person has the rights to commence a civil action and to have	39638
legal representation as provided in this section. The clerk of the	39639
court of claims shall maintain in the clerk's office a list of	39640
wrongfully imprisoned individuals for whom notices are received	39641
under this section and shall create files in the clerk's office	39642
for each such individual.	39643

(4) Within sixty days after the date of the entry of the	39644
determination by the court of common pleas in the county where the	39645
underlying criminal action was initiated that a person is a	39646
wrongfully imprisoned individual, the clerk of the court of claims	39647
shall forward a preliminary judgment to the president of the	39648
controlling board requesting the payment of fifty per cent of the	39649
amount described in division (E)(2)(b) of this section to the	39650
wrongfully imprisoned individual. The board shall take all actions	39651
necessary to cause the payment of that amount out of the emergency	39652
purposes special purpose account of the board.	39653

(5) If an individual was serving at the time of the wrongful	39654
imprisonment concurrent sentences on other convictions that were	39655
not vacated, dismissed, or reversed on appeal, the individual is	39656
not eligible for compensation as described in this section for any	39657
portion of that wrongful imprisonment that occurred during a	39658
concurrent sentence of that nature.	39659

(C)(1) In a civil action under this section, a wrongfully	39660
imprisoned individual has the right to have counsel of the	39661
individual's own choice.	39662

(2) If a wrongfully imprisoned individual who is the subject	39663
of a court determination as described in division (B)(2) of this	39664
section does not commence a civil action under this section within	39665
six months after the entry of that determination, the clerk of the	39666
court of claims shall send a letter to the wrongfully imprisoned	39667
individual, at the address set forth in the notice received from	39668
the court of common pleas pursuant to division (B)(3) of this	39669
section or to any later address provided by the wrongfully	39670
imprisoned individual, that reminds the wrongfully imprisoned	39671
individual of the wrongfully imprisoned individual's rights under	39672
this section. Until the statute of limitations provided in	39673
division (H) of this section expires and unless the wrongfully	39674
imprisoned individual commences a civil action under this section,	39675
the clerk of the court of claims shall send a similar letter in a	39676
similar manner to the wrongfully imprisoned individual at least	39677
once each three months after the sending of the first reminder.	39678

(D) Notwithstanding any provisions of this chapter to the	39679
contrary, a wrongfully imprisoned individual has and may file a	39680
civil action against the state, in the court of claims, to recover	39681
a sum of money as described in this section, because of the	39682
individual's wrongful imprisonment. The court of claims shall have	39683
exclusive, original jurisdiction over such a civil action. The	39684
civil action shall proceed, be heard, and be determined as	39685
provided in sections 2743.01 to 2743.20 of the Revised Code,	39686
except that if a provision of this section conflicts with a	39687
provision in any of those sections, the provision in this section	39688
controls.	39689

(E)(1) In a civil action as described in division (D) of this	39690
section, the complainant may establish that the claimant is a	39691
wrongfully imprisoned individual by submitting to the court of	39692
claims a certified copy of the judgment entry of the court of	39693
common pleas associated with the claimant's conviction and	39694
sentencing, and a certified copy of the entry of the determination	39695
of the court of common pleas that the claimant is a wrongfully	39696
imprisoned individual under division (B)(2) of this section. No	39697
other evidence shall be required of the complainant to establish	39698
that the claimant is a wrongfully imprisoned individual, and the	39699
claimant shall be irrebuttably presumed to be a wrongfully	39700
imprisoned individual.	39701

(2) In a civil action as described in division (D) of this	39702
section, upon presentation of requisite proof to the court of	39703
claims, a wrongfully imprisoned individual is entitled to receive	39704
a sum of money that equals the total of each of the following	39705
amounts:	39706

(a) The amount of any fine or court costs imposed and paid,	39707
and the reasonable attorney's fees and other expenses incurred by	39708
the wrongfully imprisoned individual in connection with all	39709
associated criminal proceedings and appeals, and, if applicable,	39710
in connection with obtaining the wrongfully imprisoned	39711
individual's discharge from confinement in the state correctional	39712
institution;	39713

(b) For each full year of imprisonment in the state	39714
correctional institution for the offense of which the wrongfully	39715
imprisoned individual was found guilty, forty thousand three	39716
hundred thirty dollars or the adjusted amount determined by the	39717
auditor of state pursuant to section 2743.49 of the Revised Code,	39718
and for each part of a year of being so imprisoned, a pro-rated	39719
share of forty thousand three hundred thirty dollars or the	39720
adjusted amount determined by the auditor of state pursuant to	39721
section 2743.49 of the Revised Code;	39722

(c) Any loss of wages, salary, or other earned income that	39723
directly resulted from the wrongfully imprisoned individual's	39724
arrest, prosecution, conviction, and wrongful imprisonment;	39725

(d) The amount of the following cost debts the department of	39726
rehabilitation and correction recovered from the wrongfully	39727
imprisoned individual who was in custody of the department or	39728
under the department's supervision:	39729

(i) Any user fee or copayment for services at a detention	39730
facility, including, but not limited to, a fee or copayment for	39731
sick call visits;	39732

(ii) The cost of housing and feeding the wrongfully	39733
imprisoned individual in a detention facility;	39734

(iii) The cost of supervision of the wrongfully imprisoned	39735
individual;	39736

(iv) The cost of any ancillary services provided to the	39737
wrongfully imprisoned individual.	39738

(F)(1) If the court of claims determines in a civil action as	39739
described in division (D) of this section that the complainant is	39740
a wrongfully imprisoned individual, it shall enter judgment for	39741
the wrongfully imprisoned individual in the amount of the sum of	39742
money to which the wrongfully imprisoned individual is entitled	39743
under division (E)(2) of this section. In determining that sum,	39744
the court of claims shall not take into consideration any expenses	39745
incurred by the state or any of its political subdivisions in	39746
connection with the arrest, prosecution, and imprisonment of the	39747
wrongfully imprisoned individual, including, but not limited to,	39748
expenses for food, clothing, shelter, and medical services. The	39749
court shall reduce that sum by the amount of the payment to the	39750
wrongfully imprisoned individual described in division (B)(4) of	39751
this section.	39752

(2) If the wrongfully imprisoned individual was represented	39753
in the civil action under this section by counsel of the	39754
wrongfully imprisoned individual's own choice, the court of claims	39755
shall include in the judgment entry referred to in division (F)(1)	39756
of this section an award for the reasonable attorney's fees of	39757
that counsel. These fees shall be paid as provided in division (G)	39758
of this section.	39759

(3) The state consents to be sued by a wrongfully imprisoned	39760
individual because the imprisonment was wrongful, and to liability	39761
on its part because of that fact, only as provided in this	39762
section. However, this section does not affect any liability of	39763
the state or of its employees to a wrongfully imprisoned	39764
individual on a claim for relief that is not based on the fact of	39765
the wrongful imprisonment, including, but not limited to, a claim	39766
for relief that arises out of circumstances occurring during the	39767
wrongfully imprisoned individual's confinement in the state	39768
correctional institution.	39769

(G) The clerk of the court of claims shall forward a	39770
certified copy of a judgment under division (F) of this section to	39771
the president of the controlling board. The board shall take all	39772
actions necessary to cause the payment of the judgment out of the	39773
emergency purposes special purpose account of the board.	39774

(H) To be eligible to recover a sum of money as described in	39775
this section because of wrongful imprisonment, both of the	39776
following shall apply to a wrongfully imprisoned individual:	39777

(1) The wrongfully imprisoned individual shall not have been,	39778
prior to September 24, 1986, the subject of an act of the general	39779
assembly that authorized an award of compensation for the wrongful	39780
imprisonment or have been the subject of an action before the	39781
former sundry claims board that resulted in an award of	39782
compensation for the wrongful imprisonment.	39783

(2) The wrongfully imprisoned individual shall commence a	39784
civil action under this section in the court of claims no later	39785
than two years after the date of the entry of the determination of	39786
the court of common pleas that the individual is a wrongfully	39787
imprisoned individual under division (B)(2) of this section.	39788

Sec. 2743.52. (A) The attorney general shall make awards of	39789
reparations for economic loss arising from criminally injurious	39790
conduct, if satisfied by a preponderance of the evidence that the	39791
requirements for an award of reparations have been met.	39792

(B) AThe court of claims ~~panel of commissioners or a judge~~	39793
~~of the court of claims~~ has appellate jurisdiction to order awards	39794
of reparations for economic loss arising from criminally injurious	39795
conduct, if satisfied by a preponderance of the evidence that the	39796
requirements for an award of reparations have been met.	39797

(C) A decision of the attorney general~~, an order of a court~~	39798
~~of claims panel of commissioners,~~ or ~~the~~ judgment of ~~a judge of~~	39799
the court of claims concerning an OVI violation shall not be used	39800
as the basis for any civil or criminal action and shall not be	39801
admissible as evidence in any civil or criminal proceeding.	39802

Sec. 2743.53. ~~(A) A~~The court of claims ~~panel of~~	39803
~~commissioners~~ shall hear and determine all matters relating to	39804
appeals from decisions of the attorney general pursuant to	39805
sections 2743.51 to 2743.72 of the Revised Code.	39806

~~(B) A judge of the court of claims shall hear and determine~~	39807
~~all matters relating to appeals from decisions or orders of a~~	39808
~~panel of commissioners of the court of claims.~~	39809

Sec. 2743.531. The court of claims victims of crime fund is	39810
hereby created in the state treasury. The fund shall be used to	39811
pay the compensation of the ~~court of claims commissioners, the~~	39812
~~compensation of~~ judges of the court of claims ~~necessary to hear~~	39813
~~and determine appeals from the commissioners~~, the compensation of	39814
any court of claims personnel needed to administer sections	39815
2743.51 to 2743.72 of the Revised Code, and other administrative	39816
expenses of hearing and determining ~~appeals by court of~~ claims	39817
~~commissioners and judges~~under sections 2743.51 to 2743.72 of the	39818
Revised Code.	39819

At the beginning of each fiscal year, the director of budget	39820
and management shall transfer cash from the reparations fund to	39821
the court of claims victims of crime fund in an amount sufficient	39822
to make the cash balance in the court of claims victims of crime	39823
fund equal to the sum of the appropriation for that fiscal year	39824
and all prior fiscal year encumbrances. If the appropriation from	39825
the court of claims victims of crime fund is increased during the	39826
fiscal year, the director shall transfer cash from the reparations	39827
fund to the court of claims victims of crime fund in an amount	39828
equal to the increase in the appropriation.	39829

Sec. 2743.55. ~~(A)~~ The attorney general~~, a court of claims~~	39830
~~panel of commissioners,~~ or ~~a judge of~~ the court of claims shall	39831
determine all matters relating to claims for an award of	39832
reparations. The attorney general~~, a court of claims panel of~~	39833
~~commissioners,~~ or ~~a judge of~~ the court of claims may order law	39834
enforcement officers to provide copies of any information or data	39835
gathered in the investigation of the criminally injurious conduct	39836
that is the basis of any claim to enable the attorney general~~, a~~	39837
~~court of claims panel of commissioners,~~ or ~~a judge of~~ the court of	39838
claims to determine whether, and the extent to which, a claimant	39839
qualifies for an award of reparations.	39840

~~(B) A court of claims panel of commissioners shall sit in~~	39841
~~Franklin county.~~	39842

Sec. 2743.60. (A) The attorney general~~, a court of claims~~	39843
~~panel of commissioners,~~ or ~~a judge of~~ the court of claims shall	39844
not make or order an award of reparations to a claimant if the	39845
criminally injurious conduct upon which the claimant bases a claim	39846
never was reported to a law enforcement officer or agency.	39847

(B)(1) The attorney general~~, a panel of commissioners,~~ or a	39848
~~judge of~~ the court of claims shall not make or order an award of	39849
reparations to a claimant if any of the following apply:	39850

(a) The claimant is the offender or an accomplice of the	39851
offender who committed the criminally injurious conduct, or the	39852
award would unjustly benefit the offender or accomplice.	39853

(b) Except as provided in division (B)(2) of this section,	39854
both of the following apply:	39855

(i) The victim was a passenger in a motor vehicle and knew or	39856
reasonably should have known that the driver was under the	39857
influence of alcohol, a drug of abuse, or both.	39858

(ii) The claimant is seeking compensation for injuries	39859
proximately caused by the driver described in division	39860
(B)(1)(b)(i) of this section being under the influence of alcohol,	39861
a drug of abuse, or both.	39862

39863

(i) The victim was under the influence of alcohol, a drug of	39864
abuse, or both and was a passenger in a motor vehicle and, if	39865
sober, should have reasonably known that the driver was under the	39866
influence of alcohol, a drug of abuse, or both.	39867

(ii) The claimant is seeking compensation for injuries	39868
proximately caused by the driver described in division	39869
(B)(1)(b)(i) of this section being under the influence of alcohol,	39870
a drug of abuse, or both.	39871

(2) Division (B)(1)(b) of this section does not apply if on	39872
the date of the occurrence of the criminally injurious conduct,	39873
the victim was under sixteen years of age or was at least sixteen	39874
years of age but less than eighteen years of age and was riding	39875
with a parent, guardian, or care-provider.	39876

(C) The attorney general~~, a panel of commissioners,~~ or a	39877
~~judge of~~ the court of claims, upon a finding that the claimant or	39878
victim has not fully cooperated with appropriate law enforcement	39879
agencies, may deny a claim or reconsider and reduce an award of	39880
reparations.	39881

(D) The attorney general~~, a panel of commissioners,~~ or a	39882
~~judge of~~ the court of claims shall reduce an award of reparations	39883
or deny a claim for an award of reparations that is otherwise	39884
payable to a claimant to the extent that the economic loss upon	39885
which the claim is based is recouped from other persons, including	39886
collateral sources. If an award is reduced or a claim is denied	39887
because of the expected recoupment of all or part of the economic	39888
loss of the claimant from a collateral source, the amount of the	39889
award or the denial of the claim shall be conditioned upon the	39890
claimant's economic loss being recouped by the collateral source.	39891
If the award or denial is conditioned upon the recoupment of the	39892
claimant's economic loss from a collateral source and it is	39893
determined that the claimant did not unreasonably fail to present	39894
a timely claim to the collateral source and will not receive all	39895
or part of the expected recoupment, the claim may be reopened and	39896
an award may be made in an amount equal to the amount of expected	39897
recoupment that it is determined the claimant will not receive	39898
from the collateral source.	39899

If the claimant recoups all or part of the economic loss upon	39900
which the claim is based from any other person or entity,	39901
including a collateral source, the attorney general may recover	39902
pursuant to section 2743.72 of the Revised Code the part of the	39903
award that represents the economic loss for which the claimant	39904
received the recoupment from the other person or entity.	39905

(E)(1) Except as otherwise provided in division (E)(2) of	39906
this section, the attorney general~~, a panel of commissioners,~~ or a	39907
~~judge of~~ the court of claims shall not make an award to a claimant	39908
if any of the following applies:	39909

(a) The victim was convicted of a felony within ten years	39910
prior to the criminally injurious conduct that gave rise to the	39911
claim or is convicted of a felony during the pendency of the	39912
claim.	39913

(b) The claimant was convicted of a felony within ten years	39914
prior to the criminally injurious conduct that gave rise to the	39915
claim or is convicted of a felony during the pendency of the	39916
claim.	39917

(c) It is proved by a preponderance of the evidence that the	39918
victim or the claimant engaged, within ten years prior to the	39919
criminally injurious conduct that gave rise to the claim or during	39920
the pendency of the claim, in an offense of violence, a violation	39921
of section 2925.03 of the Revised Code, or any substantially	39922
similar offense that also would constitute a felony under the laws	39923
of this state, another state, or the United States.	39924

(d) The claimant was convicted of a violation of section	39925
2919.22 or 2919.25 of the Revised Code, or of any state law or	39926
municipal ordinance substantially similar to either section,	39927
within ten years prior to the criminally injurious conduct that	39928
gave rise to the claim or during the pendency of the claim.	39929

(e) It is proved by a preponderance of the evidence that the	39930
victim at the time of the criminally injurious conduct that gave	39931
rise to the claim engaged in conduct that was a felony violation	39932
of section 2925.11 of the Revised Code or engaged in any	39933
substantially similar conduct that would constitute a felony under	39934
the laws of this state, another state, or the United States.	39935

(2) The attorney general~~, a panel of commissioners,~~ or a	39936
~~judge of~~ the court of claims may make an award to a minor	39937
dependent of a deceased victim for dependent's economic loss or	39938
for counseling pursuant to division (F)(2) of section 2743.51 of	39939
the Revised Code if the minor dependent is not ineligible under	39940
division (E)(1) of this section due to the minor dependent's	39941
criminal history and if the victim was not killed while engaging	39942
in illegal conduct that contributed to the criminally injurious	39943
conduct that gave rise to the claim. For purposes of this section,	39944
the use of illegal drugs by the deceased victim shall not be	39945
deemed to have contributed to the criminally injurious conduct	39946
that gave rise to the claim.	39947

(F) In determining whether to make an award of reparations	39948
pursuant to this section, the attorney general or ~~panel of~~	39949
~~commissioners~~the court of claims shall consider whether there was	39950
contributory misconduct by the victim or the claimant. The	39951
attorney general~~, a panel of commissioners,~~ or ~~a judge of~~ the	39952
court of claims shall reduce an award of reparations or deny a	39953
claim for an award of reparations to the extent it is determined	39954
to be reasonable because of the contributory misconduct of the	39955
claimant or the victim.	39956

When the attorney general decides whether a claim should be	39957
denied because of an allegation of contributory misconduct, the	39958
burden of proof on the issue of that alleged contributory	39959
misconduct shall be upon the claimant, if either of the following	39960
apply:	39961

(1) The victim was convicted of a felony more than ten years	39962
prior to the criminally injurious conduct that is the subject of	39963
the claim or has a record of felony arrests under the laws of this	39964
state, another state, or the United States.	39965

(2) There is good cause to believe that the victim engaged in	39966
an ongoing course of criminal conduct within five years or less of	39967
the criminally injurious conduct that is the subject of the claim.	39968

(G) The attorney general~~, a panel of commissioners,~~ or a	39969
~~judge of~~ the court of claims shall not make an award of	39970
reparations to a claimant if the criminally injurious conduct that	39971
caused the injury or death that is the subject of the claim	39972
occurred to a victim who was an adult and while the victim, after	39973
being convicted of or pleading guilty to an offense, was serving a	39974
sentence of imprisonment in any detention facility, as defined in	39975
section 2921.01 of the Revised Code.	39976

(H) If a claimant unreasonably fails to present a claim	39977
timely to a source of benefits or advantages that would have been	39978
a collateral source and that would have reimbursed the claimant	39979
for all or a portion of a particular expense, the attorney	39980
general~~, a panel of commissioners,~~ or ~~a judge of~~ the court of	39981
claims may reduce an award of reparations or deny a claim for an	39982
award of reparations to the extent that it is reasonable to do so.	39983

(I) Reparations payable to a victim and to all other	39984
claimants sustaining economic loss because of injury to or the	39985
death of that victim shall not exceed fifty thousand dollars in	39986
the aggregate. If the attorney general~~, a panel of commissioners,~~	39987
or ~~a judge of~~ the court of claims reduces an award under division	39988
(F) of this section, the maximum aggregate amount of reparations	39989
payable under this division shall be reduced proportionately to	39990
the reduction under division (F) of this section.	39991

(J) Nothing in this section shall be construed to prohibit an	39992
award to a claimant whose claim is based on the claimant's being a	39993
victim of a violation of section 2905.32 of the Revised Code if	39994
the claimant was less than eighteen years of age when the	39995
criminally injurious conduct occurred.	39996

Sec. 2743.601. Except as otherwise provided in this section,	39997
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60	39998
of the Revised Code made by the act in which this section was	39999
enacted apply to all applications for an award of reparations	40000
filed on or after ~~the effective date of this section~~September 30,	40001
2011, and to all applications for an award of reparations filed	40002
before ~~the effective date of this section~~September 30, 2011, for	40003
which an award or denial of the claim by the attorney general~~, a~~	40004
~~panel of commissioners,~~ or the court of claims has not yet become	40005
final. The amendments to section 2743.60 of the Revised Code made	40006
by the act in which this section was enacted, to the extent that	40007
they eliminate the statute of limitations and to the extent that	40008
they remove the seventy-two hour reporting requirement, and the	40009
amendments to section 2743.51 of the Revised Code concerning	40010
guardian bonds shall apply to all claims for an award of	40011
reparations pending on ~~the effective date of this section~~	40012
September 30, 2011, and to all claims for an award of reparations	40013
filed on or after ~~the effective date of this section~~September 30,	40014
2011, that are based on criminally injurious conduct not	40015
previously addressed by the attorney general~~, by a panel of~~	40016
~~commissioners,~~ or by the court of claims.	40017

Sec. 2743.61. (A) The attorney general, on the attorney	40018
general's own motion or upon request of a claimant or victim, may	40019
reconsider a decision to make an award of reparations, the amount	40020
of an award of reparations, or a decision to deny a claim for an	40021
award of reparations. A claimant may file a request for	40022
reconsideration with the attorney general not later than thirty	40023
days after the attorney general renders an initial decision. A	40024
claimant may submit with the request any additional information	40025
that is relevant to the claimant's claim for an award of	40026
reparation.	40027

The attorney general shall reconsider the application based	40028
upon evidence that is relevant to the application and issue a	40029
final decision within sixty days of receiving the request for	40030
reconsideration. The attorney general may extend the sixty-day	40031
time limit and shall record in writing specific reasons to justify	40032
the extension. The attorney general shall notify the claimant of	40033
the extension and of the reasons for the extension.	40034

If a claimant does not file a request for reconsideration of	40035
a decision of the attorney general to make an award or to deny a	40036
claim or of the amount of an award within thirty days after the	40037
decision is rendered, the award, the denial of the claim, or the	40038
amount of the award is final unless the attorney general in the	40039
interest of justice allows the reconsideration after the	40040
expiration of that period of time.	40041

(B) A claimant may appeal an award of reparations, the amount	40042
of an award of reparations, or the denial of a claim for an award	40043
of reparations that is made by a final decision of the attorney	40044
general after any reconsideration. If the final decision of the	40045
attorney general with respect to any claim for an award of	40046
reparations is appealed, athe court of claims ~~panel of~~	40047
~~commissioners~~, within ninety days of receiving the notice of	40048
appeal, shall schedule and conduct a hearing on the appeal. The	40049
~~panel of commissioners~~court shall determine the appeal within	40050
sixty days from the date of the hearing on the basis of the record	40051
of the hearing before the ~~commissioners~~court, including the	40052
original award or denial and the finding of fact of the attorney	40053
general, any information or documents that the attorney general	40054
used in the investigation, any information or data provided to the	40055
attorney general, any briefs or oral arguments that may be	40056
requested by athe court ~~of claims panel of commissioners~~, and any	40057
additional evidence presented at the hearing. The ~~panel of~~	40058
~~commissioners~~court may extend the sixty-day time limit and shall	40059
record in writing specific reasons to justify the extension. The	40060
attorney general shall supply the ~~panel of commissioners~~court	40061
with the original decision awarding or denying compensation, the	40062
finding of fact of the attorney general, any information or	40063
documents that the attorney general used in the investigation, and	40064
any information or data provided to the attorney general within	40065
fourteen days of the filing of the objection and notice of appeal	40066
by the applicant. The ~~panel of commissioners~~court shall notify	40067
the claimant and attorney general of the extension and of the	40068
reasons for the extension. If upon hearing and consideration of	40069
the record and evidence, the court ~~of claims panel of~~	40070
~~commissioners~~ decides that the decision of the attorney general	40071
appealed from is reasonable and lawful, it shall affirm the same.	40072
If the court ~~of claims panel of commissioners~~ decides that the	40073
decision of the attorney general is not supported by a	40074
preponderance of the evidence or is unreasonable or unlawful, it	40075
the court shall reverse and vacate the decision or modify it and	40076
enter judgment thereon. The	40077

~~(C) The attorney general or a claimant may appeal an award of~~	40078
~~reparations, the amount of an award of reparations, or the denial~~	40079
~~of a claim for an award of reparations that is made by a panel of~~	40080
~~court of claims commissioners. If the determination of the panel~~	40081
~~of commissioners with respect to any claim for an award of~~	40082
~~reparations is appealed, a judge of the court of claims shall hear~~	40083
~~and determine the appeal on the basis of the record of the hearing~~	40084
~~before the commissioners, including the original award or denial~~	40085
~~made by the attorney general, any information or documents~~	40086
~~presented to the panel of commissioners, and any briefs or oral~~	40087
~~arguments that may be requested by the judge. If upon hearing and~~	40088
~~consideration of the record and evidence, the judge decides that~~	40089
~~the decision of the panel of commissioners is unreasonable or~~	40090
~~unlawful, the judge shall reverse and vacate the decision or~~	40091
~~modify it and enter judgment on the claim. The~~ decision of the	40092
~~judge of the~~ court ~~of claims~~ is final.	40093

~~(D)~~(C) Notices of an appeal concerning an award of	40094
reparations shall be filed within thirty days after the date on	40095
which the award or the denial of a claim is made by a final	40096
decision of the attorney general. If a notice of appeal is not	40097
filed within the thirty-day period, the award or denial of the	40098
claim is final unless athe court of claims ~~panel of commissioners~~	40099
in the interests of justice allows the appeal.	40100

~~(E) The attorney general or a claimant shall file a notice of~~	40101
~~an appeal concerning an order or decision of a panel of~~	40102
~~commissioners within thirty days after the date on which the award~~	40103
~~or the denial of a claim is made by the panel of commissioners. If~~	40104
~~the attorney general or a claimant does not file a notice of~~	40105
~~appeal with respect to an award or denial within the thirty-day~~	40106
~~period, the award or denial of the claim is final unless a judge~~	40107
~~of the court of claims in the interests of justice allows the~~	40108
~~appeal.~~	40109

Sec. 2743.62. (A)(1) Subject to division (A)(2) of this	40110
section, there is no privilege, except the privileges arising from	40111
the attorney-client relationship, as to communications or records	40112
that are relevant to the physical, mental, or emotional condition	40113
of the claimant or victim in a proceeding under sections 2743.51	40114
to 2743.72 of the Revised Code in which that condition is an	40115
element.	40116

(2)(a) Except as specified in division (A)(2)(b) of this	40117
section, any record or report that a judge of the court of claims,	40118
~~a court of claims panel of commissioners,~~ or the attorney general	40119
has obtained prior to, or obtains on or after, June 30, 1998,	40120
under the provisions of sections 2743.51 to 2743.72 of the Revised	40121
Code and that is confidential or otherwise exempt from public	40122
disclosure under section 149.43 of the Revised Code while in the	40123
possession of the creator of the record or report shall remain	40124
confidential or exempt from public disclosure under section 149.43	40125
of the Revised Code while in the possession of the court of claims	40126
or the attorney general.	40127

(b) Notwithstanding division (A)(2)(a) of this section, a	40128
judge of the court of claims, a ~~panel of commissioners~~magistrate,	40129
a claimant, a claimant's attorney, or the attorney general may	40130
disclose or refer to records or reports described in that division	40131
in any hearing conducted under sections 2743.51 to 2743.72 of the	40132
Revised Code or in the judge's, ~~panel of commissioners'~~	40133
magistrate's, claimant's, or attorney general's written pleadings,	40134
findings, recommendations, and decisions.	40135

(B) If the mental, physical, or emotional condition of a	40136
victim or claimant is material to a claim for an award of	40137
reparations, the attorney general~~, a panel of commissioners,~~ or a	40138
~~judge of~~ the court of claims may order the victim or claimant to	40139
submit to a mental or physical examination and may order an	40140
autopsy of a deceased victim. The order may be made for good cause	40141
shown and upon notice to the person to be examined and to the	40142
claimant. The order shall specify the time, place, manner,	40143
conditions, and scope of the examination or autopsy and the person	40144
by whom it is to be made. In the case of a mental examination, the	40145
person specified may be a physician or psychologist. In the case	40146
of a physical examination, the person specified may be a	40147
physician, a physician assistant, a clinical nurse specialist, a	40148
certified nurse practitioner, or a certified nurse-midwife. In the	40149
case of an autopsy, the person specified must be a physician. The	40150
order shall require the person who performs the examination or	40151
autopsy to file with the attorney general a detailed written	40152
report of the examination or autopsy. The report shall set out the	40153
findings, including the results of all tests made, diagnoses,	40154
prognoses, and other conclusions and reports of earlier	40155
examinations of the same conditions.	40156

(C) On request of the person examined, the attorney general	40157
shall furnish the person a copy of the report. If the victim is	40158
deceased, the attorney general, on request, shall furnish the	40159
claimant a copy of the report.	40160

(D) The attorney general~~, a panel of commissioners,~~ or a	40161
~~judge of~~ the court of claims may require the claimant to	40162
supplement the application for an award of reparations with any	40163
reasonably available medical or psychological reports relating to	40164
the injury for which the award of reparations is claimed.	40165

(E) The attorney general~~, a panel of commissioners,~~ or a	40166
~~judge of~~ the court of claims, in a claim arising out of a	40167
violation of any provision of sections 2907.02 to 2907.07 of the	40168
Revised Code, shall not request the victim or the claimant to	40169
supply, or permit any person to supply, any evidence of specific	40170
instances of the victim's sexual activity, opinion evidence of the	40171
victim's sexual activity, or reputation evidence of the victim's	40172
sexual activity unless it involves evidence of the origin of	40173
semen, pregnancy, or disease or evidence of the victim's past	40174
sexual activity with the offender and only to the extent that the	40175
~~judge, the panel~~court of ~~commissioners,~~claims or the attorney	40176
general finds that the evidence is relevant to a fact at issue in	40177
the claim.	40178

Sec. 2743.63. If a person refuses to comply with an order	40179
under sections 2743.51 to 2743.72 of the Revised Code, or asserts	40180
a privilege, except privileges arising from the attorney-client	40181
relationship, to withhold or suppress evidence relevant to a claim	40182
for an award of reparations, the attorney general may make any	40183
just decision including denial of the claim but shall not find the	40184
person in contempt. If necessary to carry out any of the attorney	40185
general's powers and duties, the attorney general may petition a	40186
the court of claims ~~panel of commissioners~~ for an appropriate	40187
order, including but not limited to a finding of contempt, but a	40188
~~panel of commissioners~~the court shall not find a person in	40189
contempt for refusal to submit to a mental or physical	40190
examination.	40191

Sec. 2743.64. The attorney general~~, a court of claims panel~~	40192
~~of commissioners,~~ or ~~a judge of~~ the court of claims may make an	40193
award of reparations whether or not any person is prosecuted or	40194
convicted for committing the conduct that is the basis of the	40195
award. Proof of conviction of a person whose conduct gave rise to	40196
a claim is conclusive evidence that the crime was committed,	40197
unless an application for rehearing, an appeal of the conviction,	40198
or certiorari is pending, or a rehearing or new trial has been	40199
ordered.	40200

If the prosecuting attorney of the county in which the	40201
criminally injurious conduct allegedly occurred requests the	40202
suspension of proceedings in any claim for an award of reparations	40203
and if the request is made because of the commencement of a	40204
criminal prosecution, the attorney general may suspend, because a	40205
criminal prosecution has been commenced or is imminent, the	40206
proceedings in any claim for an award of reparations for a	40207
definite period of time, and may make an emergency award under	40208
section 2743.67 of the Revised Code.	40209

Sec. 2743.65. (A) The attorney general shall determine, and	40210
the state shall pay, in accordance with this section attorney's	40211
fees, commensurate with services rendered, to the attorney	40212
representing a claimant under sections 2743.51 to 2743.72 of the	40213
Revised Code. The attorney shall submit on an application form an	40214
itemized fee bill at the rate of sixty dollars per hour upon	40215
receipt of the final decision on the claim. Attorney's fees paid	40216
pursuant to this section are subject to the following maximum	40217
amounts:	40218

(1) A maximum of seven hundred twenty dollars for claims	40219
resolved without the filing of an appeal to the ~~panel~~court of	40220
~~commissioners~~claims;	40221

(2) A maximum of one thousand twenty dollars for claims in	40222
which an appeal to the ~~panel~~court of ~~commissioners~~claims is	40223
filed plus, at the request of an attorney whose main office is not	40224
in Franklin county, Delaware county, Licking county, Fairfield	40225
county, Pickaway county, Madison county, or Union county, an	40226
amount for the attorney's travel time to attend the oral hearing	40227
before the ~~panel~~court of ~~commissioners~~claims at the rate of	40228
thirty dollars per hour;	40229

(3) A maximum of one thousand three hundred twenty dollars	40230
for claims in which an appeal to ~~a judge of~~ the court of claims is	40231
filed plus, at the request of an attorney whose main office is not	40232
in Franklin county, Delaware county, Licking county, Fairfield	40233
county, Pickaway county, Madison county, or Union county, an	40234
amount for the attorney's travel time to attend the oral hearing	40235
before the ~~judge~~court at the rate of thirty dollars per hour;	40236

(4) A maximum of seven hundred twenty dollars for a	40237
supplemental reparations application;	40238

(5) A maximum of two hundred dollars if the claim is denied	40239
on the basis of a claimant's or victim's conviction of a felony	40240
offense prior to the filing of the claim. If the claimant or	40241
victim is convicted of a felony offense during the pendency of the	40242
claim, the two hundred dollars maximum does not apply. If the	40243
attorney had knowledge of the claimant's or victim's felony	40244
conviction prior to the filing of the application for the claim,	40245
the attorney general may determine that the filing of the claim	40246
was frivolous and may deny attorney's fees.	40247

(B) The attorney general may determine that an attorney be	40248
reimbursed for fees incurred in the creation of a guardianship if	40249
the guardianship is required in order for an individual to receive	40250
an award of reparations, and those fees shall be reimbursed at a	40251
rate of sixty dollars per hour.	40252

(C)(1) The attorney general shall forward an application form	40253
for attorney's fees to a claimant's attorney before or when the	40254
final decision on a claim is rendered. The application form for	40255
attorney's fees shall do all of the following:	40256

(a) Inform the attorney of the requirements of this section;

40257

(b) Require a verification statement comporting with the law	40258
prohibiting falsification;	40259

40260

(d) Require a verification statement that the claimant was	40261
served a copy of the completed application form;	40262

(e) Include notice that the claimant may oppose the	40263
application by notifying the attorney general in writing within	40264
ten days.	40265

(2) The attorney general shall forward a copy of this section	40266
to the attorney with the application form for attorney's fees. The	40267
attorney shall file the application form with the attorney	40268
general. The attorney general's decision with respect to an award	40269
of attorney's fees is final ten days after the attorney general	40270
renders the decision and mails a copy of the decision to the	40271
attorney at the address provided by the attorney. The attorney may	40272
request reconsideration of the decision on grounds that it is	40273
insufficient or calculated incorrectly. The attorney general's	40274
decision on the request for reconsideration is final.	40275

(D) The attorney general shall review all application forms	40276
for attorney's fees that are submitted by a claimant's attorney	40277
and shall issue an order approving the amount of fees to be paid	40278
to the attorney within sixty days after receipt of the application	40279
form.	40280

(E) No attorney's fees shall be paid for the following:

40281

(1) Estate work or representation of a claimant against a	40282
collateral source;	40283

(2) Duplication of investigative work required to be	40284
performed by the attorney general;	40285

(3) Performance of unnecessary criminal investigation of the	40286
offense;	40287

(4) Presenting or appealing an issue that has been repeatedly	40288
ruled upon by the highest appellate authority, unless a unique set	40289
of facts or unique issue of law exists that distinguishes it;	40290

(5) A fee request that is unreasonable, is not commensurate	40291
with services rendered, violates the Ohio code of professional	40292
responsibility, or is based upon services that are determined to	40293
be frivolous.	40294

(F)(1) The attorney general may reduce or deny the payment of	40295
attorney's fees to an attorney who has filed a frivolous claim.	40296
Subject to division (A)(5) of this section, the denial of a claim	40297
on the basis of a felony conviction, felony conduct, or	40298
contributory misconduct does not constitute a frivolous claim.	40299

(2) As used in this section, "frivolous claim" means a claim	40300
in which there is clearly no legal grounds under the existing laws	40301
of this state to support the filing of a claim on behalf of the	40302
claimant or victim.	40303

(G) The attorney general may determine that a lesser number	40304
of hours should have been required in a given case. Additional	40305
reimbursement may be made where the attorney demonstrates to the	40306
attorney general that the nature of the particular claim required	40307
the expenditure of an amount in excess of that allowed.	40308

(H) No attorney shall receive payment under this section for	40309
assisting a claimant with an application for an award of	40310
reparations under sections 2743.51 to 2743.72 of the Revised Code	40311
if that attorney's fees have been allowed as an expense in	40312
accordance with division (F)(4) of section 2743.51 of the Revised	40313
Code.	40314

(I) A contract or other agreement between an attorney and any	40315
person that provides for the payment of attorney's fees or other	40316
payments in excess of the attorney's fees allowed under this	40317
section for representing a claimant under sections 2743.51 to	40318
2743.72 of the Revised Code shall be void and unenforceable.	40319

(J) Each witness who appears in a hearing on a claim for an	40320
award of reparations shall receive compensation in an amount equal	40321
to that received by witnesses under section 119.094 of the Revised	40322
Code.	40323

Sec. 2743.66. (A) A decision of the attorney general,or	40324
order ~~of a court of claims panel of commissioners,~~ or judgment of	40325
~~a judge~~ of the court of claims granting an award of reparations	40326
may provide for the payment of the award in a lump sum or in	40327
installments. The part of an award equal to the amount of economic	40328
loss accrued to the date of the award shall be paid in a lump sum.	40329
An award for allowable expense that would accrue after the award	40330
is made shall not be paid in a lump sum. Except as provided in	40331
division (B) of this section, the part of an award not paid in a	40332
lump sum shall be paid in installments.	40333

(B) Upon the motion of the claimant, the attorney general may	40334
commute future economic loss, other than allowable expense, to a	40335
lump sum but only upon a finding that either of the following	40336
applies:	40337

(1) The award in a lump sum will promote the interests of the	40338
claimant.	40339

(2) The present value of all future economic loss, other than	40340
allowable expense, does not exceed one thousand dollars.	40341

(C) The attorney general may make an award for future	40342
economic loss payable in installments only for a period as to	40343
which future economic loss reasonably can be determined. An award	40344
for future economic loss payable in installments may be	40345
reconsidered and modified upon a finding that a material and	40346
substantial change of circumstances has occurred.	40347

(D) An award is not subject to execution, attachment,	40348
garnishment, or other process, except that, upon receipt of an	40349
award by a claimant:	40350

(1) The part of the award that is for allowable expense or	40351
funeral expense is not exempt from such action by a creditor to	40352
the extent that the creditor provided products, services, or	40353
accommodations the costs of which are included in the award.	40354

(2) The part of the award that is for work loss shall not be	40355
exempt from such action to secure payment of spousal support,	40356
other maintenance, or child support.	40357

(3) The attorney general may recover the award pursuant to	40358
section 2743.72 of the Revised Code if it is discovered that the	40359
claimant actually was not eligible for the award or that the award	40360
otherwise should not have been made under the standards and	40361
criteria set forth in sections 2743.51 to 2743.72 of the Revised	40362
Code.	40363

(4) If the claimant receives compensation from any other	40364
person or entity, including a collateral source, for an expense	40365
that is included within the award, the attorney general may	40366
recover pursuant to section 2743.72 of the Revised Code the part	40367
of the award that represents the expense for which the claimant	40368
received the compensation from the other person or entity.	40369

(E) If a person entitled to an award of reparations is under	40370
eighteen years of age and if the amount of the award exceeds one	40371
thousand dollars, the order providing for the payment of the award	40372
shall specify that the award be paid either to the guardian of the	40373
estate of the minor appointed pursuant to Chapter 2111. of the	40374
Revised Code or to the person or depository designated by the	40375
probate court under section 2111.05 of the Revised Code. If a	40376
person entitled to an award of reparations is under eighteen years	40377
of age and if the amount of the award is one thousand dollars or	40378
less, the order providing for the payment of the award may specify	40379
that the award be paid to an adult member of the family of the	40380
minor who is legally responsible for the minor's care or to any	40381
other person designated by the attorney general or ~~panel of~~	40382
~~commissioners issuing~~ the ~~decision or order~~court of claims.	40383

Sec. 2743.67. The attorney general may make an emergency	40384
award if, before acting on an application for an award of	40385
reparations under this section, it appears likely that a final	40386
award will be made, and the claimant or victim will suffer undue	40387
hardship if immediate economic relief is not obtained. An	40388
emergency award shall not exceed two thousand dollars. The	40389
attorney general or the court of claims ~~panel of commissioners~~	40390
shall deduct an amount of the emergency award from the final	40391
award, or the claimant or victim shall repay the amount of the	40392
emergency award that exceeds the final award made to the claimant.	40393
If no final award is made, the claimant or victim shall repay the	40394
entire emergency award.	40395

Sec. 2743.68. A claimant may file a supplemental reparations	40396
application in a claim if the attorney general~~, a court of claims~~	40397
~~panel of commissioners,~~ or ~~judge of~~ the court of claims, within	40398
five years prior to the filing of the supplemental application,	40399
has made any of the following determinations:	40400

(A) That an award, supplemental award, or installment award	40401
be granted;	40402

(B) That an award, supplemental award, or installment award	40403
be conditioned or denied because of actual or potential recovery	40404
from a collateral source;	40405

(C) That an award, supplemental award, or installment award	40406
be denied because the claimant had not incurred any economic loss	40407
at that time.	40408

Sec. 2743.69. (A) The attorney general shall prepare and	40409
transmit annually to the governor, the president of the senate,	40410
the speaker of the house of representatives, and the minority	40411
leaders of both houses a report of the activities of the Ohio	40412
crime victims compensation program under sections 2743.51 to	40413
2743.72 of the Revised Code. The report shall include all of the	40414
following:	40415

(1) The number of claims filed, the number of awards made and	40416
the amount of each award, and a statistical summary of awards made	40417
and denied, including the average size of awards;	40418

(2) The balance in the reparations fund, with a listing by	40419
source and amount of the moneys that have been deposited in the	40420
fund;	40421

(3) The amount that has been withdrawn from the fund,	40422
including separate listings of the administrative costs incurred	40423
by the attorney general and athe court of claims ~~panel of~~	40424
~~commissioners, compensation of judges and court personnel~~, the	40425
amount awarded as attorney's fees, and the amount of payments made	40426
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	40427
Revised Code.	40428

(B) The director of budget and management shall assist the	40429
attorney general in the preparation of the report required by this	40430
section.	40431

Sec. 2743.71. (A) Any law enforcement agency that	40432
investigates, and any prosecuting attorney, city director of law,	40433
village solicitor, or similar prosecuting authority who	40434
prosecutes, an offense committed in this state shall, upon first	40435
contact with the victim or the victim's family or dependents, give	40436
the victim or the victim's family or dependents a copy of an	40437
information card or other printed material provided by the	40438
attorney general pursuant to division (B) of this section and	40439
explain, upon request, the information on the card or material to	40440
the victim or the victim's family or dependents.	40441

(B) The attorney general shall have printed, and shall	40442
provide to law enforcement agencies, prosecuting attorneys, city	40443
directors of law, village solicitors, and similar prosecuting	40444
authorities, cards or other materials that contain information	40445
explaining awards of reparations. The information on the cards or	40446
other materials shall include, but shall not be limited to, the	40447
following statements:	40448

(1) Awards of reparations are limited to losses that are	40449
caused by physical injury resulting from criminally injurious	40450
conduct;	40451

(2) Reparations applications are required to be filed ~~within~~	40452
~~two years after the date of the criminally injurious conduct if~~	40453
~~the victim was an adult, or~~ within the period provided by division	40454
~~(C)~~(B)(1) of section 2743.56 of the Revised Code if the victim of	40455
the criminally injurious conduct was a minor;	40456

(3) An attorney who represents an applicant for an award of	40457
reparations cannot charge the applicant for the services rendered	40458
in relation to that representation but is required to apply to the	40459
attorney general for payment for the representation;	40460

(4) Applications for awards of reparations may be obtained	40461
from the attorney general, law enforcement agencies, and victim	40462
assistance agencies and are to be filed with the attorney general.	40463

(C) The attorney general may order that a reasonable amount	40464
of money be paid out of the reparations fund, subject to the	40465
limitation imposed by division (D) of this section, for use by the	40466
attorney general to publicize the availability of awards of	40467
reparations.	40468

(D) During any fiscal year, the total expenditure for the	40469
printing and providing of information cards or other materials	40470
pursuant to division (B) of this section and for the publicizing	40471
of the availability of awards of reparations pursuant to division	40472
(C) of this section shall not exceed two per cent of the total of	40473
all court costs deposited, in accordance with section 2743.70 of	40474
the Revised Code, in the reparations fund during the immediately	40475
preceding fiscal year.	40476

Sec. 2744.05. Notwithstanding any other provisions of the	40477
Revised Code or rules of a court to the contrary, in an action	40478
against a political subdivision to recover damages for injury,	40479
death, or loss to person or property caused by an act or omission	40480
in connection with a governmental or proprietary function:	40481

(A) Punitive or exemplary damages shall not be awarded.

40482

(B)(1) If a claimant receives or is entitled to receive	40483
benefits for injuries or loss allegedly incurred from a policy or	40484
policies of insurance or any other source, the benefits shall be	40485
disclosed to the court, and the amount of the benefits shall be	40486
deducted from any award against a political subdivision recovered	40487
by that claimant. No insurer or other person is entitled to bring	40488
an action under a subrogation provision in an insurance or other	40489
contract against a political subdivision with respect to those	40490
benefits.	40491

The amount of the benefits shall be deducted from an award	40492
against a political subdivision under division (B)(1) of this	40493
section regardless of whether the claimant may be under an	40494
obligation to pay back the benefits upon recovery, in whole or in	40495
part, for the claim. A claimant whose benefits have been deducted	40496
from an award under division (B)(1) of this section is not	40497
considered fully compensated and shall not be required to	40498
reimburse a subrogated claim for benefits deducted from an award	40499
pursuant to division (B)(1) of this section.	40500

(2) Nothing in division (B)(1) of this section shall be	40501
construed to do either of the following:	40502

(a) Limit the rights of a beneficiary under a life insurance	40503
policy or the rights of sureties under fidelity or surety bonds;	40504

(b) Prohibit the department of ~~job and family services~~	40505
medicaid from recovering from the political subdivision, pursuant	40506
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	40507
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	40508
~~of the Revised Code~~provided under a medical assistance program.	40509

(C)(1) There shall not be any limitation on compensatory	40510
damages that represent the actual loss of the person who is	40511
awarded the damages. However, except in wrongful death actions	40512
brought pursuant to Chapter 2125. of the Revised Code, damages	40513
that arise from the same cause of action, transaction or	40514
occurrence, or series of transactions or occurrences and that do	40515
not represent the actual loss of the person who is awarded the	40516
damages shall not exceed two hundred fifty thousand dollars in	40517
favor of any one person. The limitation on damages that do not	40518
represent the actual loss of the person who is awarded the damages	40519
provided in this division does not apply to court costs that are	40520
awarded to a plaintiff, or to interest on a judgment rendered in	40521
favor of a plaintiff, in an action against a political	40522
subdivision.	40523

(2) As used in this division, "the actual loss of the person	40524
who is awarded the damages" includes all of the following:	40525

(a) All wages, salaries, or other compensation lost by the	40526
person injured as a result of the injury, including wages,	40527
salaries, or other compensation lost as of the date of a judgment	40528
and future expected lost earnings of the person injured;	40529

(b) All expenditures of the person injured or another person	40530
on behalf of the person injured for medical care or treatment, for	40531
rehabilitation services, or for other care, treatment, services,	40532
products, or accommodations that were necessary because of the	40533
injury;	40534

(c) All expenditures to be incurred in the future, as	40535
determined by the court, by the person injured or another person	40536
on behalf of the person injured for medical care or treatment, for	40537
rehabilitation services, or for other care, treatment, services,	40538
products, or accommodations that will be necessary because of the	40539
injury;	40540

(d) All expenditures of a person whose property was injured	40541
or destroyed or of another person on behalf of the person whose	40542
property was injured or destroyed in order to repair or replace	40543
the property that was injured or destroyed;	40544

(e) All expenditures of the person injured or of the person	40545
whose property was injured or destroyed or of another person on	40546
behalf of the person injured or of the person whose property was	40547
injured or destroyed in relation to the actual preparation or	40548
presentation of the claim involved;	40549

(f) Any other expenditures of the person injured or of the	40550
person whose property was injured or destroyed or of another	40551
person on behalf of the person injured or of the person whose	40552
property was injured or destroyed that the court determines	40553
represent an actual loss experienced because of the personal or	40554
property injury or property loss.	40555

"The actual loss of the person who is awarded the damages"	40556
does not include any fees paid or owed to an attorney for any	40557
services rendered in relation to a personal or property injury or	40558
property loss, and does not include any damages awarded for pain	40559
and suffering, for the loss of society, consortium, companionship,	40560
care, assistance, attention, protection, advice, guidance,	40561
counsel, instruction, training, or education of the person	40562
injured, for mental anguish, or for any other intangible loss.	40563

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	40564
or (3) of this section or as otherwise provided in this section, a	40565
prosecution shall be barred unless it is commenced within the	40566
following periods after an offense is committed:	40567

(a) For a felony, six years;

40568

(b) For a misdemeanor other than a minor misdemeanor, two	40569
years;	40570

40571

(2) There is no period of limitation for the prosecution of a	40572
violation of section 2903.01 or 2903.02 of the Revised Code.	40573

(3) Except as otherwise provided in divisions (B) to (H) of	40574
this section, a prosecution of any of the following offenses shall	40575
be barred unless it is commenced within twenty years after the	40576
offense is committed:	40577

(a) A violation of section 2903.03, 2903.04, 2905.01,	40578
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	40579
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	40580
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	40581
Code, a violation of section 2903.11 or 2903.12 of the Revised	40582
Code if the victim is a peace officer, a violation of section	40583
2903.13 of the Revised Code that is a felony, or a violation of	40584
former section 2907.12 of the Revised Code;	40585

(b) A conspiracy to commit, attempt to commit, or complicity	40586
in committing a violation set forth in division (A)(3)(a) of this	40587
section.	40588

(B)(1) Except as otherwise provided in division (B)(2) of	40589
this section, if the period of limitation provided in division	40590
(A)(1) or (3) of this section has expired, prosecution shall be	40591
commenced for an offense of which an element is fraud or breach of	40592
a fiduciary duty, within one year after discovery of the offense	40593
either by an aggrieved person, or by the aggrieved person's legal	40594
representative who is not a party to the offense.	40595

(2) If the period of limitation provided in division (A)(1)	40596
or (3) of this section has expired, prosecution for a violation of	40597
section 2913.49 of the Revised Code shall be commenced within five	40598
years after discovery of the offense either by an aggrieved person	40599
or the aggrieved person's legal representative who is not a party	40600
to the offense.	40601

(C)(1) If the period of limitation provided in division	40602
(A)(1) or (3) of this section has expired, prosecution shall be	40603
commenced for the following offenses during the following	40604
specified periods of time:	40605

(a) For an offense involving misconduct in office by a public	40606
servant, at any time while the accused remains a public servant,	40607
or within two years thereafter;	40608

(b) For an offense by a person who is not a public servant	40609
but whose offense is directly related to the misconduct in office	40610
of a public servant, at any time while that public servant remains	40611
a public servant, or within two years thereafter.	40612

(2) As used in this division:

40613

(a) An "offense is directly related to the misconduct in	40614
office of a public servant" includes, but is not limited to, a	40615
violation of section 101.71, 101.91, 121.61 or 2921.13, division	40616
(F) or (H) of section 102.03, division (A) of section 2921.02,	40617
division (A) or (B) of section 2921.43, or division (F) or (G) of	40618
section 3517.13 of the Revised Code, that is directly related to	40619
an offense involving misconduct in office of a public servant.	40620

(b) "Public servant" has the same meaning as in section	40621
2921.01 of the Revised Code.	40622

(D) An offense is committed when every element of the offense	40623
occurs. In the case of an offense of which an element is a	40624
continuing course of conduct, the period of limitation does not	40625
begin to run until such course of conduct or the accused's	40626
accountability for it terminates, whichever occurs first.	40627

(E) A prosecution is commenced on the date an indictment is	40628
returned or an information filed, or on the date a lawful arrest	40629
without a warrant is made, or on the date a warrant, summons,	40630
citation, or other process is issued, whichever occurs first. A	40631
prosecution is not commenced by the return of an indictment or the	40632
filing of an information unless reasonable diligence is exercised	40633
to issue and execute process on the same. A prosecution is not	40634
commenced upon issuance of a warrant, summons, citation, or other	40635
process, unless reasonable diligence is exercised to execute the	40636
same.	40637

(F) The period of limitation shall not run during any time	40638
when the corpus delicti remains undiscovered.	40639

(G) The period of limitation shall not run during any time	40640
when the accused purposely avoids prosecution. Proof that the	40641
accused departed this state or concealed the accused's identity or	40642
whereabouts is prima-facie evidence of the accused's purpose to	40643
avoid prosecution.	40644

(H) The period of limitation shall not run during any time a	40645
prosecution against the accused based on the same conduct is	40646
pending in this state, even though the indictment, information, or	40647
process that commenced the prosecution is quashed or the	40648
proceedings on the indictment, information, or process are set	40649
aside or reversed on appeal.	40650

(I) The period of limitation for a violation of any provision	40651
of Title XXIX of the Revised Code that involves a physical or	40652
mental wound, injury, disability, or condition of a nature that	40653
reasonably indicates abuse or neglect of a child under eighteen	40654
years of age or of a mentally retarded, developmentally disabled,	40655
or physically impaired child under twenty-one years of age shall	40656
not begin to run until either of the following occurs:	40657

(1) The victim of the offense reaches the age of majority.

40658

(2) A public children services agency, or a municipal or	40659
county peace officer that is not the parent or guardian of the	40660
child, in the county in which the child resides or in which the	40661
abuse or neglect is occurring or has occurred has been notified	40662
that abuse or neglect is known, suspected, or believed to have	40663
occurred.	40664

(J) As used in this section, "peace officer" has the same	40665
meaning as in section 2935.01 of the Revised Code.	40666

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	40667
the Revised Code:	40668

(1) "Information" means information that can be integrated	40669
into the computer system and that relates to the physical or	40670
mental description of a minor including, but not limited to,	40671
height, weight, color of hair and eyes, use of eyeglasses or	40672
contact lenses, skin coloring, physical or mental handicaps,	40673
special medical conditions or needs, abnormalities, problems,	40674
scars and marks, and distinguishing characteristics, and other	40675
information that could assist in identifying a minor including,	40676
but not limited to, full name and nickname, date and place of	40677
birth, age, names and addresses of parents and other relatives,	40678
fingerprints, dental records, photographs, social security number,	40679
driver's license number, credit card numbers, bank account	40680
numbers, and clothing.	40681

(2) "Minor" means a person under eighteen years of age.

40682

(3) "Missing children" or "missing child" means either of the	40683
following:	40684

(a) A minor who has run away from or who otherwise is missing	40685
from the home of, or the care, custody, and control of, the	40686
minor's parents, parent who is the residential parent and legal	40687
custodian, guardian, legal custodian, or other person having	40688
responsibility for the care of the minor;	40689

(b) A minor who is missing and about whom there is reason to	40690
believe the minor could be the victim of a violation of section	40691
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	40692
violation of section 2905.04 of the Revised Code as it existed	40693
prior to July 1, 1996.	40694

(B) When a law enforcement agency in this state that has	40695
jurisdiction in the matter is informed that a minor is or may be a	40696
missing child and that the person providing the information wishes	40697
to file a missing child report, the law enforcement agency shall	40698
take that report. Upon taking the report, the law enforcement	40699
agency shall take prompt action upon it, including, but not	40700
limited to, concerted efforts to locate the missing child. No law	40701
enforcement agency in this state shall have a rule or policy that	40702
prohibits or discourages the filing of or the taking of action	40703
upon a missing child report, within a specified period following	40704
the discovery or formulation of a belief that a minor is or could	40705
be a missing child.	40706

(C) If a missing child report is made to a law enforcement	40707
agency in this state that has jurisdiction in the matter, the law	40708
enforcement agency shall gather readily available information	40709
about the missing child and integrate it into the national crime	40710
information center computer immediately following the making of	40711
the report. The law enforcement agency shall make reasonable	40712
efforts to acquire additional information about the missing child	40713
following the transmittal of the initially available information,	40714
and promptly integrate any additional information acquired into	40715
such computer systems.	40716

Whenever a law enforcement agency integrates information	40717
about a missing child into the national crime information center	40718
computer, the law enforcement agency promptly shall notify the	40719
missing child's parents, parent who is the residential parent and	40720
legal custodian, guardian, or legal custodian, or any other person	40721
responsible for the care of the missing child, that it has so	40722
integrated the information.	40723

The parents, parent who is the residential parent and legal	40724
custodian, guardian, legal custodian, or other person responsible	40725
for the care of the missing child shall provide available	40726
information upon request, and may provide information voluntarily,	40727
to the law enforcement agency during the information gathering	40728
process. The law enforcement agency also may obtain available	40729
information about the missing child from other persons, subject to	40730
constitutional and statutory limitations.	40731

(D) Upon the filing of a missing child report, the law	40732
enforcement agency involved may notify the public or nonpublic	40733
school in which the missing child is or was most recently	40734
enrolled, as ascertained by the agency, that the child is the	40735
subject of a missing child report and that the child's school	40736
records are to be marked in accordance with section 3313.672 of	40737
the Revised Code.	40738

(E) Upon the filing of a missing child report, the law	40739
enforcement agency involved promptly shall make a reasonable	40740
attempt to notify other law enforcement agencies within its county	40741
and, if the agency has jurisdiction in a municipal corporation or	40742
township that borders another county, to notify the law	40743
enforcement agency for the municipal corporation or township in	40744
the other county with which it shares the border, that it has	40745
taken a missing child report and may be requesting assistance or	40746
cooperation in the case, and provide relevant information to the	40747
other law enforcement agencies. The agency may notify additional	40748
law enforcement agencies, or appropriate public children services	40749
agencies, about the case, request their assistance or cooperation	40750
in the case, and provide them with relevant information.	40751

Upon request from a law enforcement agency, a public children	40752
services agency shall grant the law enforcement agency access to	40753
all information concerning a missing child that the agency	40754
possesses that may be relevant to the law enforcement agency in	40755
investigating a missing child report concerning that child. The	40756
information obtained by the law enforcement agency shall be used	40757
only to further the investigation to locate the missing child.	40758

(F) Upon request, law enforcement agencies in this state	40759
shall provide assistance to, and cooperate with, other law	40760
enforcement agencies in their investigation of missing child	40761
cases. The assistance and cooperation under this paragraph shall	40762
be pursuant to any terms agreed upon by the law enforcement	40763
agencies, which may include the provision of law enforcement	40764
services or the use of law enforcement equipment or the	40765
interchange of services and equipment among the cooperating law	40766
enforcement agencies. Chapter 2744. of the Revised Code, insofar	40767
as it applies to the operation of law enforcement agencies, shall	40768
apply to the cooperating political subdivisions and to the law	40769
enforcement agency employees when they are rendering services	40770
pursuant to this paragraph outside the territory of the political	40771
subdivision by which they are employed. Law enforcement agency	40772
employees rendering services outside the territory of the	40773
political subdivision in which they are employed, pursuant to this	40774
paragraph, shall be entitled to participate in any indemnity fund	40775
established by their employer to the same extent as if they were	40776
rendering service within the territory of their employing	40777
political subdivision. Those law enforcement agency employees also	40778
shall be entitled to all the rights and benefits of Chapter 4123.	40779
of the Revised Code to the same extent as if rendering services	40780
within the territory of their employing political subdivision.	40781

The information in any missing child report made to a law	40782
enforcement agency shall be made available, upon request, to law	40783
enforcement personnel of this state, other states, and the federal	40784
government when the law enforcement personnel indicate that the	40785
request is to aid in identifying or locating a missing child or	40786
the possible identification of a deceased minor who, upon	40787
discovery, cannot be identified.	40788

(G) When a missing child has not been located within thirty	40789
days after the date on which the missing child report pertaining	40790
to the child was filed with a law enforcement agency, that law	40791
enforcement agency shall request the missing child's parents,	40792
parent who is the residential parent and legal custodian,	40793
guardian, or legal custodian, or any other person responsible for	40794
the care of the missing child, to provide written consent for the	40795
law enforcement agency to contact the missing child's dentist and	40796
request the missing child's dental records. Upon receipt of such	40797
written consent, the dentist shall release a copy of the missing	40798
child's dental records to the law enforcement agency and shall	40799
provide and encode the records in such form as requested by the	40800
law enforcement agency. The law enforcement agency then shall	40801
integrate information in the records into the national crime	40802
information center computer in order to compare the records to	40803
those of unidentified deceased persons. This division does not	40804
prevent a law enforcement agency from seeking consent to obtain	40805
copies of a missing child's dental records, or prevent a missing	40806
child's parents, parent who is the residential parent and legal	40807
custodian, guardian, or legal custodian, or any other person	40808
responsible for the care of the missing child, from granting	40809
consent for the release of copies of the missing child's dental	40810
records to a law enforcement agency, at any time.	40811

(H) A missing child's parents, parent who is the residential	40812
parent and legal custodian, guardian, or legal custodian, or any	40813
other persons responsible for the care of a missing child,	40814
immediately shall notify the law enforcement agency with which	40815
they filed the missing child report whenever the child has	40816
returned to their home or to their care, custody, and control, has	40817
been released if the missing child was the victim of an offense	40818
listed in division (A)(3)(b) of this section, or otherwise has	40819
been located. Upon such notification or upon otherwise learning	40820
that a missing child has returned to the home of, or to the care,	40821
custody, and control of the missing child's parents, parent who is	40822
the residential parent and legal custodian, guardian, legal	40823
custodian, or other person responsible for the missing child's	40824
care, has been released if the missing child was the victim of an	40825
offense listed in division (A)(3)(b) of this section, or otherwise	40826
has been located, the law enforcement agency involved promptly	40827
shall integrate the fact that the minor no longer is a missing	40828
child into the national crime information center computer and	40829
shall inform any school that was notified under division (D) of	40830
this section that the minor is no longer a missing child.	40831

~~(I) Nothing contained in this section shall be construed to~~	40832
~~impair the confidentiality of services provided to runaway minors~~	40833
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	40834
~~5119.68 of the Revised Code.~~	40835

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	40836
Revised Code:	40837

(A) "Care facility" means any of the following:

40838

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	40839
the Revised Code;	40840

(2) Any "residential facility" as defined in section 5123.19	40841
of the Revised Code;	40842

(3) Any institution or facility operated or provided by the	40843
department of ~~mental health~~mental health and addiction services	40844
or by the department of developmental disabilities pursuant to	40845
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	40846

(4) Any "residential facility" as defined in section ~~5119.22~~	40847
5119.34 of the Revised Code;	40848

(5) Any unit of any hospital, as defined in section 3701.01	40849
of the Revised Code, that provides the same services as a nursing	40850
home, as defined in section 3721.01 of the Revised Code;	40851

(6) Any institution, residence, or facility that provides,	40852
for a period of more than twenty-four hours, whether for a	40853
consideration or not, accommodations to one individual or two	40854
unrelated individuals who are dependent upon the services of	40855
others.	40856

(B) "Abuse" means knowingly causing physical harm or	40857
recklessly causing serious physical harm to a person by physical	40858
contact with the person or by the inappropriate use of a physical	40859
or chemical restraint, medication, or isolation on the person.	40860

(C)(1) "Gross neglect" means knowingly failing to provide a	40861
person with any treatment, care, goods, or service that is	40862
necessary to maintain the health or safety of the person when the	40863
failure results in physical harm or serious physical harm to the	40864
person.	40865

(2) "Neglect" means recklessly failing to provide a person	40866
with any treatment, care, goods, or service that is necessary to	40867
maintain the health or safety of the person when the failure	40868
results in serious physical harm to the person.	40869

(D) "Inappropriate use of a physical or chemical restraint,	40870
medication, or isolation" means the use of physical or chemical	40871
restraint, medication, or isolation as punishment, for staff	40872
convenience, excessively, as a substitute for treatment, or in	40873
quantities that preclude habilitation and treatment.	40874

Sec. 2907.22. (A) No person shall knowingly:

40875

(1) Establish, maintain, operate, manage, supervise, control,	40876
or have an interest in a brothel or any other enterprise a purpose	40877
of which is to facilitate engagement in sexual activity for hire;	40878

(2) Supervise, manage, or control the activities of a	40879
prostitute in engaging in sexual activity for hire;	40880

(3) Transport another, or cause another to be transported	40881
~~across the boundary of this state or of any county in this state~~,	40882
in order to facilitate the other person's engaging in sexual	40883
activity for hire;	40884

(4) For the purpose of violating or facilitating a violation	40885
of this section, induce or procure another to engage in sexual	40886
activity for hire.	40887

(B) Whoever violates this section is guilty of promoting	40888
prostitution. Except as otherwise provided in this division,	40889
promoting prostitution is a felony of the fourth degree. If any	40890
prostitute in the brothel involved in the offense, or the	40891
prostitute whose activities are supervised, managed, or controlled	40892
by the offender, or the person transported, induced, or procured	40893
by the offender to engage in sexual activity for hire, is a minor,	40894
whether or not the offender knows the age of the minor, then	40895
promoting prostitution is a felony of the third degree. If the	40896
offender in any case also is convicted of or pleads guilty to a	40897
specification as described in section 2941.1422 of the Revised	40898
Code that was included in the indictment, count in the indictment,	40899
or information charging the offense, the court shall sentence the	40900
offender to a mandatory prison term as provided in division (B)(7)	40901
of section 2929.14 of the Revised Code and shall order the	40902
offender to make restitution as provided in division (B)(8) of	40903
section 2929.18 of the Revised Code.	40904

Sec. 2913.01. As used in this chapter, unless the context	40905
requires that a term be given a different meaning:	40906

(A) "Deception" means knowingly deceiving another or causing	40907
another to be deceived by any false or misleading representation,	40908
by withholding information, by preventing another from acquiring	40909
information, or by any other conduct, act, or omission that	40910
creates, confirms, or perpetuates a false impression in another,	40911
including a false impression as to law, value, state of mind, or	40912
other objective or subjective fact.	40913

(B) "Defraud" means to knowingly obtain, by deception, some	40914
benefit for oneself or another, or to knowingly cause, by	40915
deception, some detriment to another.	40916

40917

(1) Withhold property of another permanently, or for a period	40918
that appropriates a substantial portion of its value or use, or	40919
with purpose to restore it only upon payment of a reward or other	40920
consideration;	40921

(2) Dispose of property so as to make it unlikely that the	40922
owner will recover it;	40923

(3) Accept, use, or appropriate money, property, or services,	40924
with purpose not to give proper consideration in return for the	40925
money, property, or services, and without reasonable justification	40926
or excuse for not giving proper consideration.	40927

(D) "Owner" means, unless the context requires a different	40928
meaning, any person, other than the actor, who is the owner of,	40929
who has possession or control of, or who has any license or	40930
interest in property or services, even though the ownership,	40931
possession, control, license, or interest is unlawful.	40932

(E) "Services" include labor, personal services, professional	40933
services, rental services, public utility services including	40934
wireless service as defined in division (F)(1) of section ~~5507.01~~	40935
128.01 of the Revised Code, common carrier services, and food,	40936
drink, transportation, entertainment, and cable television	40937
services and, for purposes of section 2913.04 of the Revised Code,	40938
include cable services as defined in that section.	40939

(F) "Writing" means any computer software, document, letter,	40940
memorandum, note, paper, plate, data, film, or other thing having	40941
in or upon it any written, typewritten, or printed matter, and any	40942
token, stamp, seal, credit card, badge, trademark, label, or other	40943
symbol of value, right, privilege, license, or identification.	40944

(G) "Forge" means to fabricate or create, in whole or in part	40945
and by any means, any spurious writing, or to make, execute,	40946
alter, complete, reproduce, or otherwise purport to authenticate	40947
any writing, when the writing in fact is not authenticated by that	40948
conduct.	40949

(H) "Utter" means to issue, publish, transfer, use, put or	40950
send into circulation, deliver, or display.	40951

(I) "Coin machine" means any mechanical or electronic device	40952
designed to do both of the following:	40953

(1) Receive a coin, bill, or token made for that purpose;

40954

(2) In return for the insertion or deposit of a coin, bill,	40955
or token, automatically dispense property, provide a service, or	40956
grant a license.	40957

(J) "Slug" means an object that, by virtue of its size,	40958
shape, composition, or other quality, is capable of being inserted	40959
or deposited in a coin machine as an improper substitute for a	40960
genuine coin, bill, or token made for that purpose.	40961

(K) "Theft offense" means any of the following:

40962

(1) A violation of section 2911.01, 2911.02, 2911.11,	40963
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	40964
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	40965
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	40966
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	40967
2913.51, 2915.05, or 2921.41 of the Revised Code;	40968

(2) A violation of an existing or former municipal ordinance	40969
or law of this or any other state, or of the United States,	40970
substantially equivalent to any section listed in division (K)(1)	40971
of this section or a violation of section 2913.41, 2913.81, or	40972
2915.06 of the Revised Code as it existed prior to July 1, 1996;	40973

(3) An offense under an existing or former municipal	40974
ordinance or law of this or any other state, or of the United	40975
States, involving robbery, burglary, breaking and entering, theft,	40976
embezzlement, wrongful conversion, forgery, counterfeiting,	40977
deceit, or fraud;	40978

(4) A conspiracy or attempt to commit, or complicity in	40979
committing, any offense under division (K)(1), (2), or (3) of this	40980
section.	40981

(L) "Computer services" includes, but is not limited to, the	40982
use of a computer system, computer network, computer program, data	40983
that is prepared for computer use, or data that is contained	40984
within a computer system or computer network.	40985

(M) "Computer" means an electronic device that performs	40986
logical, arithmetic, and memory functions by the manipulation of	40987
electronic or magnetic impulses. "Computer" includes, but is not	40988
limited to, all input, output, processing, storage, computer	40989
program, or communication facilities that are connected, or	40990
related, in a computer system or network to an electronic device	40991
of that nature.	40992

(N) "Computer system" means a computer and related devices,	40993
whether connected or unconnected, including, but not limited to,	40994
data input, output, and storage devices, data communications	40995
links, and computer programs and data that make the system capable	40996
of performing specified special purpose data processing tasks.	40997

(O) "Computer network" means a set of related and remotely	40998
connected computers and communication facilities that includes	40999
more than one computer system that has the capability to transmit	41000
among the connected computers and communication facilities through	41001
the use of computer facilities.	41002

(P) "Computer program" means an ordered set of data	41003
representing coded instructions or statements that, when executed	41004
by a computer, cause the computer to process data.	41005

(Q) "Computer software" means computer programs, procedures,	41006
and other documentation associated with the operation of a	41007
computer system.	41008

(R) "Data" means a representation of information, knowledge,	41009
facts, concepts, or instructions that are being or have been	41010
prepared in a formalized manner and that are intended for use in a	41011
computer, computer system, or computer network. For purposes of	41012
section 2913.47 of the Revised Code, "data" has the additional	41013
meaning set forth in division (A) of that section.	41014

(S) "Cable television service" means any services provided by	41015
or through the facilities of any cable television system or other	41016
similar closed circuit coaxial cable communications system, or any	41017
microwave or similar transmission service used in connection with	41018
any cable television system or other similar closed circuit	41019
coaxial cable communications system.	41020

(T) "Gain access" means to approach, instruct, communicate	41021
with, store data in, retrieve data from, or otherwise make use of	41022
any resources of a computer, computer system, or computer network,	41023
or any cable service or cable system both as defined in section	41024
2913.04 of the Revised Code.	41025

(U) "Credit card" includes, but is not limited to, a card,	41026
code, device, or other means of access to a customer's account for	41027
the purpose of obtaining money, property, labor, or services on	41028
credit, or for initiating an electronic fund transfer at a	41029
point-of-sale terminal, an automated teller machine, or a cash	41030
dispensing machine. It also includes a county procurement card	41031
issued under section 301.29 of the Revised Code.	41032

(V) "Electronic fund transfer" has the same meaning as in 92	41033
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	41034

(W) "Rented property" means personal property in which the	41035
right of possession and use of the property is for a short and	41036
possibly indeterminate term in return for consideration; the	41037
rentee generally controls the duration of possession of the	41038
property, within any applicable minimum or maximum term; and the	41039
amount of consideration generally is determined by the duration of	41040
possession of the property.	41041

(X) "Telecommunication" means the origination, emission,	41042
dissemination, transmission, or reception of data, images,	41043
signals, sounds, or other intelligence or equivalence of	41044
intelligence of any nature over any communications system by any	41045
method, including, but not limited to, a fiber optic, electronic,	41046
magnetic, optical, digital, or analog method.	41047

(Y) "Telecommunications device" means any instrument,	41048
equipment, machine, or other device that facilitates	41049
telecommunication, including, but not limited to, a computer,	41050
computer network, computer chip, computer circuit, scanner,	41051
telephone, cellular telephone, pager, personal communications	41052
device, transponder, receiver, radio, modem, or device that	41053
enables the use of a modem.	41054

(Z) "Telecommunications service" means the providing,	41055
allowing, facilitating, or generating of any form of	41056
telecommunication through the use of a telecommunications device	41057
over a telecommunications system.	41058

(AA) "Counterfeit telecommunications device" means a	41059
telecommunications device that, alone or with another	41060
telecommunications device, has been altered, constructed,	41061
manufactured, or programmed to acquire, intercept, receive, or	41062
otherwise facilitate the use of a telecommunications service or	41063
information service without the authority or consent of the	41064
provider of the telecommunications service or information service.	41065
"Counterfeit telecommunications device" includes, but is not	41066
limited to, a clone telephone, clone microchip, tumbler telephone,	41067
or tumbler microchip; a wireless scanning device capable of	41068
acquiring, intercepting, receiving, or otherwise facilitating the	41069
use of telecommunications service or information service without	41070
immediate detection; or a device, equipment, hardware, or software	41071
designed for, or capable of, altering or changing the electronic	41072
serial number in a wireless telephone.	41073

(BB)(1) "Information service" means, subject to division	41074
(BB)(2) of this section, the offering of a capability for	41075
generating, acquiring, storing, transforming, processing,	41076
retrieving, utilizing, or making available information via	41077
telecommunications, including, but not limited to, electronic	41078
publishing.	41079

(2) "Information service" does not include any use of a	41080
capability of a type described in division (BB)(1) of this section	41081
for the management, control, or operation of a telecommunications	41082
system or the management of a telecommunications service.	41083

(CC) "Elderly person" means a person who is sixty-five years	41084
of age or older.	41085

(DD) "Disabled adult" means a person who is eighteen years of	41086
age or older and has some impairment of body or mind that makes	41087
the person unable to work at any substantially remunerative	41088
employment that the person otherwise would be able to perform and	41089
that will, with reasonable probability, continue for a period of	41090
at least twelve months without any present indication of recovery	41091
from the impairment, or who is eighteen years of age or older and	41092
has been certified as permanently and totally disabled by an	41093
agency of this state or the United States that has the function of	41094
so classifying persons.	41095

(EE) "Firearm" and "dangerous ordnance" have the same	41096
meanings as in section 2923.11 of the Revised Code.	41097

(FF) "Motor vehicle" has the same meaning as in section	41098
4501.01 of the Revised Code.	41099

(GG) "Dangerous drug" has the same meaning as in section	41100
4729.01 of the Revised Code.	41101

(HH) "Drug abuse offense" has the same meaning as in section	41102
2925.01 of the Revised Code.	41103

(II)(1) "Computer hacking" means any of the following:

41104

(a) Gaining access or attempting to gain access to all or	41105
part of a computer, computer system, or a computer network without	41106
express or implied authorization with the intent to defraud or	41107
with intent to commit a crime;	41108

(b) Misusing computer or network services including, but not	41109
limited to, mail transfer programs, file transfer programs, proxy	41110
servers, and web servers by performing functions not authorized by	41111
the owner of the computer, computer system, or computer network or	41112
other person authorized to give consent. As used in this division,	41113
"misuse of computer and network services" includes, but is not	41114
limited to, the unauthorized use of any of the following:	41115

(i) Mail transfer programs to send mail to persons other than	41116
the authorized users of that computer or computer network;	41117

(ii) File transfer program proxy services or proxy servers to	41118
access other computers, computer systems, or computer networks;	41119

(iii) Web servers to redirect users to other web pages or web	41120
servers.	41121

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	41122
using a group of computer programs commonly known as "port	41123
scanners" or "probes" to intentionally access any computer,	41124
computer system, or computer network without the permission of the	41125
owner of the computer, computer system, or computer network or	41126
other person authorized to give consent. The group of computer	41127
programs referred to in this division includes, but is not limited	41128
to, those computer programs that use a computer network to access	41129
a computer, computer system, or another computer network to	41130
determine any of the following: the presence or types of computers	41131
or computer systems on a network; the computer network's	41132
facilities and capabilities; the availability of computer or	41133
network services; the presence or versions of computer software	41134
including, but not limited to, operating systems, computer	41135
services, or computer contaminants; the presence of a known	41136
computer software deficiency that can be used to gain unauthorized	41137
access to a computer, computer system, or computer network; or any	41138
other information about a computer, computer system, or computer	41139
network not necessary for the normal and lawful operation of the	41140
computer initiating the access.	41141

(ii) The group of computer programs referred to in division	41142
(II)(1)(c)(i) of this section does not include standard computer	41143
software used for the normal operation, administration,	41144
management, and test of a computer, computer system, or computer	41145
network including, but not limited to, domain name services, mail	41146
transfer services, and other operating system services, computer	41147
programs commonly called "ping," "tcpdump," and "traceroute" and	41148
other network monitoring and management computer software, and	41149
computer programs commonly known as "nslookup" and "whois" and	41150
other systems administration computer software.	41151

(d) The intentional use of a computer, computer system, or a	41152
computer network in a manner that exceeds any right or permission	41153
granted by the owner of the computer, computer system, or computer	41154
network or other person authorized to give consent.	41155

(2) "Computer hacking" does not include the introduction of a	41156
computer contaminant, as defined in section 2909.01 of the Revised	41157
Code, into a computer, computer system, computer program, or	41158
computer network.	41159

(JJ) "Police dog or horse" has the same meaning as in section	41160
2921.321 of the Revised Code.	41161

(KK) "Anhydrous ammonia" is a compound formed by the	41162
combination of two gaseous elements, nitrogen and hydrogen, in the	41163
manner described in this division. Anhydrous ammonia is one part	41164
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	41165
weight is fourteen parts nitrogen to three parts hydrogen, which	41166
is approximately eighty-two per cent nitrogen to eighteen per cent	41167
hydrogen.	41168

(LL) "Assistance dog" has the same meaning as in section	41169
955.011 of the Revised Code.	41170

(MM) "Federally licensed firearms dealer" has the same	41171
meaning as in section 5502.63 of the Revised Code.	41172

Sec. 2913.40. (A) As used in this section:

41173

(1) "Statement or representation" means any oral, written,	41174
electronic, electronic impulse, or magnetic communication that is	41175
used to identify an item of goods or a service for which	41176
reimbursement may be made under the ~~medical assistance~~medicaid	41177
program or that states income and expense and is or may be used to	41178
determine a rate of reimbursement under the ~~medical assistance~~	41179
medicaid program.	41180

(2) ~~"Medical assistance program" means the program~~	41181
~~established by the department of job and family services to~~	41182
~~provide medical assistance under section 5111.01 of the Revised~~	41183
~~Code and the medicaid program of Title XIX of the "Social Security~~	41184
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	41185

~~(3)~~ "Provider" means any person who has signed a provider	41186
agreement with the department of ~~job and family services~~medicaid	41187
to provide goods or services pursuant to the ~~medical assistance~~	41188
medicaid program or any person who has signed an agreement with a	41189
party to such a provider agreement under which the person agrees	41190
to provide goods or services that are reimbursable under the	41191
~~medical assistance~~medicaid program.	41192

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	41193
~~agreement between the department of job and family services and a~~	41194
~~person in which the person agrees to provide goods or services~~	41195
~~under the medical assistance program~~has the same meaning as in	41196
section 5164.01 of the Revised Code.	41197

~~(5)~~(4) "Recipient" means any individual who receives goods or	41198
services from a provider under the ~~medical assistance~~medicaid	41199
program.	41200

~~(6)~~(5) "Records" means any medical, professional, financial,	41201
or business records relating to the treatment or care of any	41202
recipient, to goods or services provided to any recipient, or to	41203
rates paid for goods or services provided to any recipient and any	41204
records that are required by the rules of the medicaid director of	41205
~~job and family services~~ to be kept for the ~~medical assistance~~	41206
medicaid program.	41207

(B) No person shall knowingly make or cause to be made a	41208
false or misleading statement or representation for use in	41209
obtaining reimbursement from the ~~medical assistance~~medicaid	41210
program.	41211

(C) No person, with purpose to commit fraud or knowing that	41212
the person is facilitating a fraud, shall do either of the	41213
following:	41214

(1) Contrary to the terms of the person's provider agreement,	41215
charge, solicit, accept, or receive for goods or services that the	41216
person provides under the ~~medical assistance~~medicaid program any	41217
property, money, or other consideration in addition to the amount	41218
of reimbursement under the ~~medical assistance~~medicaid program and	41219
the person's provider agreement for the goods or services and any	41220
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	41221
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	41222
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	41223
regarding the medicaid program.	41224

(2) Solicit, offer, or receive any remuneration, other than	41225
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	41226
of the Revised Code or rules adopted ~~under section 5111.01,~~	41227
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	41228
regarding the medicaid program, in cash or in kind, including, but	41229
not limited to, a kickback or rebate, in connection with the	41230
furnishing of goods or services for which whole or partial	41231
reimbursement is or may be made under the ~~medical assistance~~	41232
medicaid program.	41233

(D) No person, having submitted a claim for or provided goods	41234
or services under the ~~medical assistance~~medicaid program, shall	41235
do either of the following for a period of at least six years	41236
after a reimbursement pursuant to that claim, or a reimbursement	41237
for those goods or services, is received under the ~~medical~~	41238
~~assistance~~medicaid program:	41239

(1) Knowingly alter, falsify, destroy, conceal, or remove any	41240
records that are necessary to fully disclose the nature of all	41241
goods or services for which the claim was submitted, or for which	41242
reimbursement was received, by the person;	41243

(2) Knowingly alter, falsify, destroy, conceal, or remove any	41244
records that are necessary to disclose fully all income and	41245
expenditures upon which rates of reimbursements were based for the	41246
person.	41247

(E) Whoever violates this section is guilty of medicaid	41248
fraud. Except as otherwise provided in this division, medicaid	41249
fraud is a misdemeanor of the first degree. If the value of	41250
property, services, or funds obtained in violation of this section	41251
is one thousand dollars or more and is less than seven thousand	41252
five hundred dollars, medicaid fraud is a felony of the fifth	41253
degree. If the value of property, services, or funds obtained in	41254
violation of this section is seven thousand five hundred dollars	41255
or more and is less than one hundred fifty thousand dollars,	41256
medicaid fraud is a felony of the fourth degree. If the value of	41257
the property, services, or funds obtained in violation of this	41258
section is one hundred fifty thousand dollars or more, medicaid	41259
fraud is a felony of the third degree.	41260

(F) Upon application of the governmental agency, office, or	41261
other entity that conducted the investigation and prosecution in a	41262
case under this section, the court shall order any person who is	41263
convicted of a violation of this section for receiving any	41264
reimbursement for furnishing goods or services under the ~~medical~~	41265
~~assistance~~medicaid program to which the person is not entitled to	41266
pay to the applicant its cost of investigating and prosecuting the	41267
case. The costs of investigation and prosecution that a defendant	41268
is ordered to pay pursuant to this division shall be in addition	41269
to any other penalties for the receipt of that reimbursement that	41270
are provided in this section, section ~~5111.03~~5164.35 of the	41271
Revised Code, or any other provision of law.	41272

(G) The provisions of this section are not intended to be	41273
exclusive remedies and do not preclude the use of any other	41274
criminal or civil remedy for any act that is in violation of this	41275
section.	41276

Sec. 2913.401. (A) As used in this section:

41277

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	41278
~~medical assistance program established under Chapter 5111.~~has the	41279
same meaning as in section 5164.01 of the Revised Code.	41280

(2) "Property" means any real or personal property or other	41281
asset in which a person has any legal title or interest.	41282

(B) No person shall knowingly do any of the following in an	41283
application for enrollment in the medicaid ~~benefits~~program or in	41284
a document that requires a disclosure of assets for the purpose of	41285
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	41286
program:	41287

(1) Make or cause to be made a false or misleading statement;

41288

(2) Conceal an interest in property;

41289

(3)(a) Except as provided in division (B)(3)(b) of this	41290
section, fail to disclose a transfer of property that occurred	41291
during the period beginning thirty-six months before submission of	41292
the application or document and ending on the date the application	41293
or document was submitted;	41294

(b) Fail to disclose a transfer of property that occurred	41295
during the period beginning sixty months before submission of the	41296
application or document and ending on the date the application or	41297
document was submitted and that was made to an irrevocable trust a	41298
portion of which is not distributable to the applicant for	41299
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	41300
revocable trust.	41301

(C)(1) Whoever violates this section is guilty of medicaid	41302
eligibility fraud. Except as otherwise provided in this division,	41303
a violation of this section is a misdemeanor of the first degree.	41304
If the value of the medicaid ~~benefits~~services paid as a result of	41305
the violation is one thousand dollars or more and is less than	41306
seven thousand five hundred dollars, a violation of this section	41307
is a felony of the fifth degree. If the value of the medicaid	41308
~~benefits~~services paid as a result of the violation is seven	41309
thousand five hundred dollars or more and is less than one hundred	41310
fifty thousand dollars, a violation of this section is a felony of	41311
the fourth degree. If the value of the medicaid ~~benefits~~services	41312
paid as a result of the violation is one hundred fifty thousand	41313
dollars or more, a violation of this section is a felony of the	41314
third degree.	41315

(2) In addition to imposing a sentence under division (C)(1)	41316
of this section, the court shall order that a person who is guilty	41317
of medicaid eligibility fraud make restitution in the full amount	41318
of any medicaid ~~benefits~~services paid on behalf of an applicant	41319
for or recipient of medicaid ~~benefits~~ for which the applicant or	41320
recipient was not eligible, plus interest at the rate applicable	41321
to judgments on unreimbursed amounts from the date on which the	41322
~~benefits~~medicaid services were paid to the date on which	41323
restitution is made.	41324

(3) The remedies and penalties provided in this section are	41325
not exclusive and do not preclude the use of any other criminal or	41326
civil remedy for any act that is in violation of this section.	41327

(D) This section does not apply to a person who fully	41328
disclosed in an application for medicaid ~~benefits~~ or in a document	41329
that requires a disclosure of assets for the purpose of	41330
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	41331
the interests in property of the applicant for or recipient of	41332
medicaid ~~benefits~~, all transfers of property by the applicant for	41333
or recipient of medicaid ~~benefits~~, and the circumstances of all	41334
those transfers.	41335

(E) Any amounts of medicaid ~~benefits~~services recovered as	41336
restitution under this section and any interest on those amounts	41337
shall be credited to the general revenue fund, and any applicable	41338
federal share shall be returned to the appropriate agency or	41339
department of the United States.	41340

Sec. 2915.02. (A) No person shall do any of the following:

41341

(1) Engage in bookmaking, or knowingly engage in conduct that	41342
facilitates bookmaking;	41343

(2) Establish, promote, or operate or knowingly engage in	41344
conduct that facilitates any game of chance conducted for profit	41345
or any scheme of chance;	41346

(3) Knowingly procure, transmit, exchange, or engage in	41347
conduct that facilitates the procurement, transmission, or	41348
exchange of information for use in establishing odds or	41349
determining winners in connection with bookmaking or with any game	41350
of chance conducted for profit or any scheme of chance;	41351

(4) Engage in betting or in playing any scheme or game of	41352
chance as a substantial source of income or livelihood;	41353

(5) Conduct, or participate in the conduct of, a sweepstakes	41354
with the use of a sweepstakes terminal device at a sweepstakes	41355
terminal device facility and either:	41356

(a) Give to another person any item described in division	41357
(VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code	41358
as a prize for playing or participating in a sweepstakes; or	41359

(b) Give to another person any merchandise prize, or a	41360
redeemable voucher for a merchandise prize, the wholesale value of	41361
which is in excess of ten dollars and which is awarded as a single	41362
entry for playing or participating in a sweepstakes. Redeemable	41363
vouchers shall not be redeemable for a merchandise prize that has	41364
a wholesale value of more than ten dollars.	41365

(6) Conduct, or participate in the conduct of, a sweepstakes	41366
with the use of a sweepstakes terminal device at a sweepstakes	41367
terminal device facility without first obtaining a current annual	41368
"certificate of registration" from the attorney general as	41369
required by division (F) of this section;	41370

(7) With purpose to violate division (A)(1), (2), (3), (4),	41371
(5), or (6) of this section, acquire, possess, control, or operate	41372
any gambling device.	41373

(B) For purposes of division (A)(1) of this section, a person	41374
facilitates bookmaking if the person in any way knowingly aids an	41375
illegal bookmaking operation, including, without limitation,	41376
placing a bet with a person engaged in or facilitating illegal	41377
bookmaking. For purposes of division (A)(2) of this section, a	41378
person facilitates a game of chance conducted for profit or a	41379
scheme of chance if the person in any way knowingly aids in the	41380
conduct or operation of any such game or scheme, including,	41381
without limitation, playing any such game or scheme.	41382

(C) This section does not prohibit conduct in connection with	41383
gambling expressly permitted by law.	41384

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

41385

(1) Games of chance, if all of the following apply:

41386

(a) The games of chance are not craps for money or roulette	41387
for money.	41388

(b) The games of chance are conducted by a charitable	41389
organization that is, and has received from the internal revenue	41390
service a determination letter that is currently in effect,	41391
stating that the organization is, exempt from federal income	41392
taxation under subsection 501(a) and described in subsection	41393
501(c)(3) of the Internal Revenue Code.	41394

(c) The games of chance are conducted at festivals of the	41395
charitable organization that are conducted not more than a total	41396
of five days a calendar year, and are conducted on premises owned	41397
by the charitable organization for a period of no less than one	41398
year immediately preceding the conducting of the games of chance,	41399
on premises leased from a governmental unit, or on premises that	41400
are leased from a veteran's or fraternal organization and that	41401
have been owned by the lessor veteran's or fraternal organization	41402
for a period of no less than one year immediately preceding the	41403
conducting of the games of chance.	41404

A charitable organization shall not lease premises from a	41405
veteran's or fraternal organization to conduct a festival	41406
described in division (D)(1)(c) of this section if the veteran's	41407
or fraternal organization already has leased the premises twelve	41408
times during the preceding year to charitable organizations for	41409
that purpose. If a charitable organization leases premises from a	41410
veteran's or fraternal organization to conduct a festival	41411
described in division (D)(1)(c) of this section, the charitable	41412
organization shall not pay a rental rate for the premises per day	41413
of the festival that exceeds the rental rate per bingo session	41414
that a charitable organization may pay under division (B)(1) of	41415
section 2915.09 of the Revised Code when it leases premises from	41416
another charitable organization to conduct bingo games.	41417

(d) All of the money or assets received from the games of	41418
chance after deduction only of prizes paid out during the conduct	41419
of the games of chance are used by, or given, donated, or	41420
otherwise transferred to, any organization that is described in	41421
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	41422
Revenue Code and is either a governmental unit or an organization	41423
that is tax exempt under subsection 501(a) and described in	41424
subsection 501(c)(3) of the Internal Revenue Code;	41425

(e) The games of chance are not conducted during, or within	41426
ten hours of, a bingo game conducted for amusement purposes only	41427
pursuant to section 2915.12 of the Revised Code.	41428

No person shall receive any commission, wage, salary, reward,	41429
tip, donation, gratuity, or other form of compensation, directly	41430
or indirectly, for operating or assisting in the operation of any	41431
game of chance.	41432

(2) Any tag fishing tournament operated under a permit issued	41433
under section 1533.92 of the Revised Code, as "tag fishing	41434
tournament" is defined in section 1531.01 of the Revised Code;	41435

(3) Bingo conducted by a charitable organization that holds a	41436
license issued under section 2915.08 of the Revised Code.	41437

(E) Division (D) of this section shall not be construed to	41438
authorize the sale, lease, or other temporary or permanent	41439
transfer of the right to conduct games of chance, as granted by	41440
that division, by any charitable organization that is granted that	41441
right.	41442

(F) Any person desiring to conduct, or participate in the	41443
conduct of, a sweepstakes with the use of a sweepstakes terminal	41444
device at a sweepstakes terminal device facility shall first	41445
register with the office of the attorney general and obtain an	41446
annual certificate of registration by providing a filing fee of	41447
two hundred dollars and all information as required by rule	41448
adopted under division (H) of this section. Not later than the	41449
tenth day of each month, each sweepstakes terminal device operator	41450
shall file a sweepstakes terminal device monthly report with the	41451
attorney general and provide a filing fee of fifty dollars and all	41452
information required by rule adopted under division (H) of this	41453
section. All information provided to the attorney general under	41454
this division shall be available to law enforcement upon request.	41455

(G) A person may apply to the attorney general, on a form	41456
prescribed by the attorney general, for a certificate of	41457
compliance that the person is not operating a sweepstakes terminal	41458
device facility. The form shall require the person to include the	41459
address of the business location where sweepstakes terminal	41460
devices will be used and to make the following certifications:	41461

(1) That the person will not use more than two sweepstakes	41462
terminal devices at the business location;	41463

(2) That the retail value of sweepstakes prizes to be awarded	41464
at the business location using sweepstakes terminal devices during	41465
a reporting period will be less than three per cent of the gross	41466
revenue received at the business location during the reporting	41467
period;	41468

(3) That no other form of gaming except lottery ticket sales	41469
as authorized under Chapter 3770. of the Revised Code will be	41470
conducted at the business location or in an adjoining area of the	41471
business location;	41472

(4) That any sweepstakes terminal device at the business	41473
location will not allow any deposit of any money, coin, or token,	41474
or the use of any credit card, debit card, prepaid card, or any	41475
other method of similar payment to be used, directly or	41476
indirectly, to participate in a sweepstakes;	41477

(5) That notification of any prize will not take place on the	41478
same day as a participant's sweepstakes entry; and	41479

(6) That the person consents to provide any other information	41480
to the attorney general as required by rule adopted under division	41481
(H) of this section.	41482

The filing fee for a certificate of compliance is two hundred	41483
fifty dollars. The attorney general may charge up to an additional	41484
two hundred fifty dollars for reasonable expenses resulting from	41485
any investigation related to an application for a certificate of	41486
compliance.	41487

A certificate of compliance is effective for one year. The	41488
certificate holder may reapply for a certificate of compliance. A	41489
person issued a certificate of compliance shall file semiannual	41490
reports with the attorney general stating the number of	41491
sweepstakes terminal devices at the business location and that the	41492
retail value of prizes awarded at the business location using	41493
sweepstakes terminal devices is less than three per cent of the	41494
gross revenue received at the business location.	41495

(H) The attorney general shall adopt rules setting forth:

41496

(1) The required information to be submitted by persons	41497
conducting a sweepstakes with the use of a sweepstakes terminal	41498
device at a sweepstakes terminal device facility as described in	41499
division (F) of this section; ~~and~~	41500

(2) The requirements pertaining to a certificate of	41501
compliance under division (G) of this section, which shall provide	41502
for a person to file a consolidated application and a consolidated	41503
semiannual report if a person has more than one business location;	41504
and	41505

(3) The standards and requirements for security and	41506
surveillance equipment, in consultation with the Ohio casino	41507
control commission, that may require a person with a certificate	41508
of registration to install security and surveillance equipment	41509
where any chips, tokens, tickets, electronic cards, or similar	41510
objects may be redeemed for cash, whether by an employee or by	41511
electronic means, that shall capture, for law enforcement	41512
purposes, facial feature pattern characteristics, including a	41513
computerized facial image, and that shall require such records to	41514
be retained for at least five years. The attorney general may	41515
secure, by agreement, information and services as the attorney	41516
general considers necessary from any state agency or other unit of	41517
state government. All costs related to the installation of	41518
security and surveillance equipment shall be the responsibility of	41519
the person with the certificate of registration.	41520

The attorney general shall issue a certificate of	41521
registration or a certificate of compliance to all persons who	41522
have successfully satisfied the applicable requirements of this	41523
section. The attorney general shall post online a registry of all	41524
properly registered and certified sweepstakes terminal device	41525
operators.	41526

(I) The attorney general may refuse to issue an annual	41527
certificate of registration or certificate of compliance to any	41528
person or, if one has been issued, the attorney general may revoke	41529
a certificate of registration or a certificate of compliance if	41530
the applicant has provided any information to the attorney general	41531
as part of a registration, certification, monthly report,	41532
semiannual report, or any other information that is materially	41533
false or misleading, or if the applicant or any officer, partner,	41534
or owner of five per cent or more interest in the applicant has	41535
violated any provision of this chapter.	41536

(J) The attorney general may take any necessary and	41537
reasonable action to determine a violation of this chapter,	41538
including requesting documents and information, performing	41539
inspections of premises, or requiring the attendance of any person	41540
at an examination under oath.	41541

(K) Whoever violates this section is guilty of gambling, a	41542
misdemeanor of the first degree. If the offender previously has	41543
been convicted of any gambling offense, gambling is a felony of	41544
the fifth degree. Notwithstanding this division, failing to file a	41545
sweepstakes terminal device monthly report as required by division	41546
(F) of this section or the semiannual report required by division	41547
(G) of this section is a misdemeanor of the first degree.	41548

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	41549
violation of section 2919.27 of the Revised Code or of a municipal	41550
ordinance that is substantially similar to that section, the court	41551
may order an evaluation of the mental condition of the defendant	41552
if the court determines that either of the following criteria	41553
apply:	41554

(i) If the alleged violation is a violation of a protection	41555
order issued or consent agreement approved pursuant to section	41556
2919.26 or 3113.31 of the Revised Code, that the violation	41557
allegedly involves conduct by the defendant that caused physical	41558
harm to the person or property of a family or household member	41559
covered by the order or agreement, or conduct by the defendant	41560
that caused a family or household member to believe that the	41561
defendant would cause physical harm to that member or that	41562
member's property.	41563

(ii) If the alleged violation is a violation of a protection	41564
order issued pursuant to section 2903.213 or 2903.214 of the	41565
Revised Code or a protection order issued by a court of another	41566
state, that the violation allegedly involves conduct by the	41567
defendant that caused physical harm to the person or property of	41568
the person covered by the order, or conduct by the defendant that	41569
caused the person covered by the order to believe that the	41570
defendant would cause physical harm to that person or that	41571
person's property.	41572

(b) If a defendant is charged with a violation of section	41573
2903.211 of the Revised Code or of a municipal ordinance that is	41574
substantially similar to that section, the court may order an	41575
evaluation of the mental condition of the defendant.	41576

(2) An evaluation ordered under division (A)(1) of this	41577
section shall be completed no later than thirty days from the date	41578
the order is entered pursuant to that division. In that order, the	41579
court shall do either of the following:	41580

(a) Order that the evaluation of the mental condition of the	41581
defendant be preceded by an examination conducted either by a	41582
forensic center that is designated by the department of ~~mental~~	41583
~~health~~mental health and addiction services to conduct	41584
examinations and make evaluations of defendants charged with	41585
violations of section 2903.211 or 2919.27 of the Revised Code or	41586
of substantially similar municipal ordinances in the area in which	41587
the court is located, or by any other program or facility that is	41588
designated by the department of ~~mental health~~mental health and	41589
addiction services or the department of developmental disabilities	41590
to conduct examinations and make evaluations of defendants charged	41591
with violations of section 2903.211 or 2919.27 of the Revised Code	41592
or of substantially similar municipal ordinances, and that is	41593
operated by either department or is certified by either department	41594
as being in compliance with the standards established under	41595
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	41596
or division (C) of section 5123.04 of the Revised Code.	41597

(b) Designate a center, program, or facility other than one	41598
designated by the department of ~~mental health~~mental health and	41599
addiction services or the department of developmental	41600
disabilities, as described in division (A)(2)(a) of this section,	41601
to conduct the evaluation and preceding examination of the mental	41602
condition of the defendant.	41603

Whether the court acts pursuant to division (A)(2)(a) or (b)	41604
of this section, the court may designate examiners other than the	41605
personnel of the center, program, facility, or department involved	41606
to make the evaluation and preceding examination of the mental	41607
condition of the defendant.	41608

(B) If the court considers that additional evaluations of the	41609
mental condition of a defendant are necessary following the	41610
evaluation authorized by division (A) of this section, the court	41611
may order up to two additional similar evaluations. These	41612
evaluations shall be completed no later than thirty days from the	41613
date the applicable court order is entered. If more than one	41614
evaluation of the mental condition of the defendant is ordered	41615
under this division, the prosecutor and the defendant may	41616
recommend to the court an examiner whom each prefers to perform	41617
one of the evaluations and preceding examinations.	41618

(C)(1) The court may order a defendant who has been released	41619
on bail to submit to an examination under division (A) or (B) of	41620
this section. The examination shall be conducted either at the	41621
detention facility in which the defendant would have been confined	41622
if the defendant had not been released on bail, or, if so	41623
specified by the center, program, facility, or examiners involved,	41624
at the premises of the center, program, or facility. Additionally,	41625
the examination shall be conducted at the times established by the	41626
examiners involved. If such a defendant refuses to submit to an	41627
examination or a complete examination as required by the court or	41628
the center, program, facility, or examiners involved, the court	41629
may amend the conditions of the bail of the defendant and order	41630
the sheriff to take the defendant into custody and deliver the	41631
defendant to the detention facility in which the defendant would	41632
have been confined if the defendant had not been released on bail,	41633
or, if so specified by the center, program, facility, or examiners	41634
involved, to the premises of the center, program, or facility, for	41635
purposes of the examination.	41636

(2) A defendant who has not been released on bail shall be	41637
examined at the detention facility in which the defendant is	41638
confined or, if so specified by the center, program, facility, or	41639
examiners involved, at the premises of the center, program, or	41640
facility.	41641

(D) The examiner of the mental condition of a defendant under	41642
division (A) or (B) of this section shall file a written report	41643
with the court within thirty days after the entry of an order for	41644
the evaluation of the mental condition of the defendant. The	41645
report shall contain the findings of the examiner; the facts in	41646
reasonable detail on which the findings are based; the opinion of	41647
the examiner as to the mental condition of the defendant; the	41648
opinion of the examiner as to whether the defendant represents a	41649
substantial risk of physical harm to other persons as manifested	41650
by evidence of recent homicidal or other violent behavior,	41651
evidence of recent threats that placed other persons in reasonable	41652
fear of violent behavior and serious physical harm, or evidence of	41653
present dangerousness; and the opinion of the examiner as to the	41654
types of treatment or counseling that the defendant needs. The	41655
court shall provide copies of the report to the prosecutor and	41656
defense counsel.	41657

(E) The costs of any evaluation and preceding examination of	41658
a defendant that is ordered pursuant to division (A) or (B) of	41659
this section shall be taxed as court costs in the criminal case.	41660

(F) If the examiner considers it necessary in order to make	41661
an accurate evaluation of the mental condition of a defendant, an	41662
examiner under division (A) or (B) of this section may request any	41663
family or household member of the defendant to provide the	41664
examiner with information. A family or household member may, but	41665
is not required to, provide information to the examiner upon	41666
receipt of the request.	41667

(G) As used in this section:

41668

(1) "Bail" includes a recognizance.

41669

(2) "Examiner" means a psychiatrist, a licensed independent	41670
social worker who is employed by a forensic center that is	41671
certified as being in compliance with the standards established	41672
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	41673
(C) of section 5123.04 of the Revised Code, a licensed	41674
professional clinical counselor who is employed at a forensic	41675
center that is certified as being in compliance with such	41676
standards, or a licensed clinical psychologist, except that in	41677
order to be an examiner, a licensed clinical psychologist shall	41678
meet the criteria of division (I)(1) of section 5122.01 of the	41679
Revised Code or be employed to conduct examinations by the	41680
department of ~~mental health~~mental health and addiction services	41681
or by a forensic center certified as being in compliance with the	41682
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	41683
5119.10 or division (C) of section 5123.04 of the Revised Code	41684
that is designated by the department of ~~mental health~~mental	41685
health and addiction services.	41686

(3) "Family or household member" has the same meaning as in	41687
section 2919.25 of the Revised Code.	41688

(4) "Prosecutor" has the same meaning as in section 2935.01	41689
of the Revised Code.	41690

(5) "Psychiatrist" and "licensed clinical psychologist" have	41691
the same meanings as in section 5122.01 of the Revised Code.	41692

(6) "Protection order issued by a court of another state" has	41693
the same meaning as in section 2919.27 of the Revised Code.	41694

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	41695
Revised Code:	41696

(A) "Public official" means any elected or appointed officer,	41697
or employee, or agent of the state or any political subdivision,	41698
whether in a temporary or permanent capacity, and includes, but is	41699
not limited to, legislators, judges, and law enforcement officers.	41700
"Public official" does not include an employee, officer, or	41701
governor-appointed member of the board of directors of the	41702
nonprofit corporation formed under section 187.01 of the Revised	41703
Code.	41704

(B) "Public servant" means any of the following:

41705

(1) Any public official;

41706

(2) Any person performing ad hoc a governmental function,	41707
including, but not limited to, a juror, member of a temporary	41708
commission, master, arbitrator, advisor, or consultant;	41709

(3) A person who is a candidate for public office, whether or	41710
not the person is elected or appointed to the office for which the	41711
person is a candidate. A person is a candidate for purposes of	41712
this division if the person has been nominated according to law	41713
for election or appointment to public office, or if the person has	41714
filed a petition or petitions as required by law to have the	41715
person's name placed on the ballot in a primary, general, or	41716
special election, or if the person campaigns as a write-in	41717
candidate in any primary, general, or special election.	41718

"Public servant" does not include an employee, officer, or	41719
governor-appointed member of the board of directors of the	41720
nonprofit corporation formed under section 187.01 of the Revised	41721
Code.	41722

(C) "Party official" means any person who holds an elective	41723
or appointive post in a political party in the United States or	41724
this state, by virtue of which the person directs, conducts, or	41725
participates in directing or conducting party affairs at any level	41726
of responsibility.	41727

(D) "Official proceeding" means any proceeding before a	41728
legislative, judicial, administrative, or other governmental	41729
agency or official authorized to take evidence under oath, and	41730
includes any proceeding before a referee, hearing examiner,	41731
commissioner, notary, or other person taking testimony or a	41732
deposition in connection with an official proceeding.	41733

(E) "Detention" means arrest; confinement in any vehicle	41734
subsequent to an arrest; confinement in any public or private	41735
facility for custody of persons charged with or convicted of crime	41736
in this state or another state or under the laws of the United	41737
States or alleged or found to be a delinquent child or unruly	41738
child in this state or another state or under the laws of the	41739
United States; hospitalization, institutionalization, or	41740
confinement in any public or private facility that is ordered	41741
pursuant to or under the authority of section 2945.37, 2945.371,	41742
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	41743
Code; confinement in any vehicle for transportation to or from any	41744
facility of any of those natures; detention for extradition or	41745
deportation; except as provided in this division, supervision by	41746
any employee of any facility of any of those natures that is	41747
incidental to hospitalization, institutionalization, or	41748
confinement in the facility but that occurs outside the facility;	41749
supervision by an employee of the department of rehabilitation and	41750
correction of a person on any type of release from a state	41751
correctional institution; or confinement in any vehicle, airplane,	41752
or place while being returned from outside of this state into this	41753
state by a private person or entity pursuant to a contract entered	41754
into under division (E) of section 311.29 of the Revised Code or	41755
division (B) of section 5149.03 of the Revised Code. For a person	41756
confined in a county jail who participates in a county jail	41757
industry program pursuant to section 5147.30 of the Revised Code,	41758
"detention" includes time spent at an assigned work site and going	41759
to and from the work site.	41760

(F) "Detention facility" means any public or private place	41761
used for the confinement of a person charged with or convicted of	41762
any crime in this state or another state or under the laws of the	41763
United States or alleged or found to be a delinquent child or	41764
unruly child in this state or another state or under the laws of	41765
the United States.	41766

(G) "Valuable thing or valuable benefit" includes, but is not	41767
limited to, a contribution. This inclusion does not indicate or	41768
imply that a contribution was not included in those terms before	41769
September 17, 1986.	41770

(H) "Campaign committee," "contribution," "political action	41771
committee," "legislative campaign fund," "political party," and	41772
"political contributing entity" have the same meanings as in	41773
section 3517.01 of the Revised Code.	41774

(I) "Provider agreement" ~~and "medical assistance program"~~	41775
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	41776
of the Revised Code.	41777

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	41778
of this section, no person, knowing that a felony has been or is	41779
being committed, shall knowingly fail to report such information	41780
to law enforcement authorities.	41781

(2) No person, knowing that a violation of division (B) of	41782
section 2913.04 of the Revised Code has been, or is being	41783
committed or that the person has received information derived from	41784
such a violation, shall knowingly fail to report the violation to	41785
law enforcement authorities.	41786

(B) Except for conditions that are within the scope of	41787
division (E) of this section, no physician, limited practitioner,	41788
nurse, or other person giving aid to a sick or injured person	41789
shall negligently fail to report to law enforcement authorities	41790
any gunshot or stab wound treated or observed by the physician,	41791
limited practitioner, nurse, or person, or any serious physical	41792
harm to persons that the physician, limited practitioner, nurse,	41793
or person knows or has reasonable cause to believe resulted from	41794
an offense of violence.	41795

(C) No person who discovers the body or acquires the first	41796
knowledge of the death of a person shall fail to report the death	41797
immediately to a physician whom the person knows to be treating	41798
the deceased for a condition from which death at such time would	41799
not be unexpected, or to a law enforcement officer, an ambulance	41800
service, an emergency squad, or the coroner in a political	41801
subdivision in which the body is discovered, the death is believed	41802
to have occurred, or knowledge concerning the death is obtained.	41803

(D) No person shall fail to provide upon request of the	41804
person to whom a report required by division (C) of this section	41805
was made, or to any law enforcement officer who has reasonable	41806
cause to assert the authority to investigate the circumstances	41807
surrounding the death, any facts within the person's knowledge	41808
that may have a bearing on the investigation of the death.	41809

(E)(1) As used in this division, "burn injury" means any of	41810
the following:	41811

(a) Second or third degree burns;

41812

(b) Any burns to the upper respiratory tract or laryngeal	41813
edema due to the inhalation of superheated air;	41814

41815

(d) Any physical harm to persons caused by or as the result	41816
of the use of fireworks, novelties and trick noisemakers, and wire	41817
sparklers, as each is defined by section 3743.01 of the Revised	41818
Code.	41819

(2) No physician, nurse, or limited practitioner who, outside	41820
a hospital, sanitarium, or other medical facility, attends or	41821
treats a person who has sustained a burn injury that is inflicted	41822
by an explosion or other incendiary device or that shows evidence	41823
of having been inflicted in a violent, malicious, or criminal	41824
manner shall fail to report the burn injury immediately to the	41825
local arson, or fire and explosion investigation, bureau, if there	41826
is a bureau of this type in the jurisdiction in which the person	41827
is attended or treated, or otherwise to local law enforcement	41828
authorities.	41829

(3) No manager, superintendent, or other person in charge of	41830
a hospital, sanitarium, or other medical facility in which a	41831
person is attended or treated for any burn injury that is	41832
inflicted by an explosion or other incendiary device or that shows	41833
evidence of having been inflicted in a violent, malicious, or	41834
criminal manner shall fail to report the burn injury immediately	41835
to the local arson, or fire and explosion investigation, bureau,	41836
if there is a bureau of this type in the jurisdiction in which the	41837
person is attended or treated, or otherwise to local law	41838
enforcement authorities.	41839

(4) No person who is required to report any burn injury under	41840
division (E)(2) or (3) of this section shall fail to file, within	41841
three working days after attending or treating the victim, a	41842
written report of the burn injury with the office of the state	41843
fire marshal. The report shall comply with the uniform standard	41844
developed by the state fire marshal pursuant to division (A)(15)	41845
of section 3737.22 of the Revised Code.	41846

(5) Anyone participating in the making of reports under	41847
division (E) of this section or anyone participating in a judicial	41848
proceeding resulting from the reports is immune from any civil or	41849
criminal liability that otherwise might be incurred or imposed as	41850
a result of such actions. Notwithstanding section 4731.22 of the	41851
Revised Code, the physician-patient relationship is not a ground	41852
for excluding evidence regarding a person's burn injury or the	41853
cause of the burn injury in any judicial proceeding resulting from	41854
a report submitted under division (E) of this section.	41855

(F)(1) Any doctor of medicine or osteopathic medicine,	41856
hospital intern or resident, registered or licensed practical	41857
nurse, psychologist, social worker, independent social worker,	41858
social work assistant, professional clinical counselor, or	41859
professional counselor who knows or has reasonable cause to	41860
believe that a patient or client has been the victim of domestic	41861
violence, as defined in section 3113.31 of the Revised Code, shall	41862
note that knowledge or belief and the basis for it in the	41863
patient's or client's records.	41864

(2) Notwithstanding section 4731.22 of the Revised Code, the	41865
doctor-patient privilege shall not be a ground for excluding any	41866
information regarding the report containing the knowledge or	41867
belief noted under division (F)(1) of this section, and the	41868
information may be admitted as evidence in accordance with the	41869
Rules of Evidence.	41870

(G) Divisions (A) and (D) of this section do not require	41871
disclosure of information, when any of the following applies:	41872

(1) The information is privileged by reason of the	41873
relationship between attorney and client; doctor and patient;	41874
licensed psychologist or licensed school psychologist and client;	41875
member of the clergy, rabbi, minister, or priest and any person	41876
communicating information confidentially to the member of the	41877
clergy, rabbi, minister, or priest for a religious counseling	41878
purpose of a professional character; husband and wife; or a	41879
communications assistant and those who are a party to a	41880
telecommunications relay service call.	41881

(2) The information would tend to incriminate a member of the	41882
actor's immediate family.	41883

(3) Disclosure of the information would amount to revealing a	41884
news source, privileged under section 2739.04 or 2739.12 of the	41885
Revised Code.	41886

(4) Disclosure of the information would amount to disclosure	41887
by a member of the ordained clergy of an organized religious body	41888
of a confidential communication made to that member of the clergy	41889
in that member's capacity as a member of the clergy by a person	41890
seeking the aid or counsel of that member of the clergy.	41891

(5) Disclosure would amount to revealing information acquired	41892
by the actor in the course of the actor's duties in connection	41893
with a bona fide program of treatment or services for drug	41894
dependent persons or persons in danger of drug dependence, which	41895
program is maintained or conducted by a hospital, clinic, person,	41896
agency, or ~~organization~~services provider certified pursuant to	41897
section ~~3793.06~~5119.36 of the Revised Code.	41898

(6) Disclosure would amount to revealing information acquired	41899
by the actor in the course of the actor's duties in connection	41900
with a bona fide program for providing counseling services to	41901
victims of crimes that are violations of section 2907.02 or	41902
2907.05 of the Revised Code or to victims of felonious sexual	41903
penetration in violation of former section 2907.12 of the Revised	41904
Code. As used in this division, "counseling services" include	41905
services provided in an informal setting by a person who, by	41906
education or experience, is competent to provide those services.	41907

(H) No disclosure of information pursuant to this section	41908
gives rise to any liability or recrimination for a breach of	41909
privilege or confidence.	41910

(I) Whoever violates division (A) or (B) of this section is	41911
guilty of failure to report a crime. Violation of division (A)(1)	41912
of this section is a misdemeanor of the fourth degree. Violation	41913
of division (A)(2) or (B) of this section is a misdemeanor of the	41914
second degree.	41915

(J) Whoever violates division (C) or (D) of this section is	41916
guilty of failure to report knowledge of a death, a misdemeanor of	41917
the fourth degree.	41918

(K)(1) Whoever negligently violates division (E) of this	41919
section is guilty of a minor misdemeanor.	41920

(2) Whoever knowingly violates division (E) of this section	41921
is guilty of a misdemeanor of the second degree.	41922

Sec. 2921.36. (A) No person shall knowingly convey, or	41923
attempt to convey, onto the grounds of a detention facility or of	41924
an institution, office building, or other place that is under the	41925
control of the department of ~~mental health~~mental health and	41926
addiction services, the department of developmental disabilities,	41927
the department of youth services, or the department of	41928
rehabilitation and correction any of the following items:	41929

(1) Any deadly weapon or dangerous ordnance, as defined in	41930
section 2923.11 of the Revised Code, or any part of or ammunition	41931
for use in such a deadly weapon or dangerous ordnance;	41932

(2) Any drug of abuse, as defined in section 3719.011 of the	41933
Revised Code;	41934

(3) Any intoxicating liquor, as defined in section 4301.01 of	41935
the Revised Code.	41936

(B) Division (A) of this section does not apply to any person	41937
who conveys or attempts to convey an item onto the grounds of a	41938
detention facility or of an institution, office building, or other	41939
place under the control of the department of ~~mental health~~mental	41940
health and addiction services, the department of developmental	41941
disabilities, the department of youth services, or the department	41942
of rehabilitation and correction pursuant to the written	41943
authorization of the person in charge of the detention facility or	41944
the institution, office building, or other place and in accordance	41945
with the written rules of the detention facility or the	41946
institution, office building, or other place.	41947

(C) No person shall knowingly deliver, or attempt to deliver,	41948
to any person who is confined in a detention facility, to a child	41949
confined in a youth services facility, to a prisoner who is	41950
temporarily released from confinement for a work assignment, or to	41951
any patient in an institution under the control of the department	41952
of ~~mental health~~mental health and addiction services or the	41953
department of developmental disabilities any item listed in	41954
division (A)(1), (2), or (3) of this section.	41955

(D) No person shall knowingly deliver, or attempt to deliver,	41956
cash to any person who is confined in a detention facility, to a	41957
child confined in a youth services facility, or to a prisoner who	41958
is temporarily released from confinement for a work assignment.	41959

(E) No person shall knowingly deliver, or attempt to deliver,	41960
to any person who is confined in a detention facility, to a child	41961
confined in a youth services facility, or to a prisoner who is	41962
temporarily released from confinement for a work assignment a	41963
cellular telephone, two-way radio, or other electronic	41964
communications device.	41965

(F)(1) It is an affirmative defense to a charge under	41966
division (A)(1) of this section that the weapon or dangerous	41967
ordnance in question was being transported in a motor vehicle for	41968
any lawful purpose, that it was not on the actor's person, and, if	41969
the weapon or dangerous ordnance in question was a firearm, that	41970
it was unloaded and was being carried in a closed package, box, or	41971
case or in a compartment that can be reached only by leaving the	41972
vehicle.	41973

(2) It is an affirmative defense to a charge under division	41974
(C) of this section that the actor was not otherwise prohibited by	41975
law from delivering the item to the confined person, the child,	41976
the prisoner, or the patient and that either of the following	41977
applies:	41978

(a) The actor was permitted by the written rules of the	41979
detention facility or the institution, office building, or other	41980
place to deliver the item to the confined person or the patient.	41981

(b) The actor was given written authorization by the person	41982
in charge of the detention facility or the institution, office	41983
building, or other place to deliver the item to the confined	41984
person or the patient.	41985

(G)(1) Whoever violates division (A)(1) of this section or	41986
commits a violation of division (C) of this section involving an	41987
item listed in division (A)(1) of this section is guilty of	41988
illegal conveyance of weapons onto the grounds of a specified	41989
governmental facility, a felony of the third degree. If the	41990
offender is an officer or employee of the department of	41991
rehabilitation and correction, the court shall impose a mandatory	41992
prison term.	41993

(2) Whoever violates division (A)(2) of this section or	41994
commits a violation of division (C) of this section involving any	41995
drug of abuse is guilty of illegal conveyance of drugs of abuse	41996
onto the grounds of a specified governmental facility, a felony of	41997
the third degree. If the offender is an officer or employee of the	41998
department of rehabilitation and correction or of the department	41999
of youth services, the court shall impose a mandatory prison term.	42000

(3) Whoever violates division (A)(3) of this section or	42001
commits a violation of division (C) of this section involving any	42002
intoxicating liquor is guilty of illegal conveyance of	42003
intoxicating liquor onto the grounds of a specified governmental	42004
facility, a misdemeanor of the second degree.	42005

(4) Whoever violates division (D) of this section is guilty	42006
of illegal conveyance of cash onto the grounds of a detention	42007
facility, a misdemeanor of the first degree. If the offender	42008
previously has been convicted of or pleaded guilty to a violation	42009
of division (D) of this section, illegal conveyance of cash onto	42010
the grounds of a detention facility is a felony of the fifth	42011
degree.	42012

(5) Whoever violates division (E) of this section is guilty	42013
of illegal conveyance of a communications device onto the grounds	42014
of a specified governmental facility, a misdemeanor of the first	42015
degree, or if the offender previously has been convicted of or	42016
pleaded guilty to a violation of division (E) of this section, a	42017
felony of the fifth degree.	42018

Sec. 2921.38. (A) No person who is confined in a detention	42019
facility, with intent to harass, annoy, threaten, or alarm another	42020
person, shall cause or attempt to cause the other person to come	42021
into contact with blood, semen, urine, feces, or another bodily	42022
substance by throwing the bodily substance at the other person, by	42023
expelling the bodily substance upon the other person, or in any	42024
other manner.	42025

(B) No person, with intent to harass, annoy, threaten, or	42026
alarm a law enforcement officer, shall cause or attempt to cause	42027
the law enforcement officer to come into contact with blood,	42028
semen, urine, feces, or another bodily substance by throwing the	42029
bodily substance at the law enforcement officer, by expelling the	42030
bodily substance upon the law enforcement officer, or in any other	42031
manner.	42032

(C) No person, with knowledge that the person is a carrier of	42033
the virus that causes acquired immunodeficiency syndrome, is a	42034
carrier of a hepatitis virus, or is infected with tuberculosis and	42035
with intent to harass, annoy, threaten, or alarm another person,	42036
shall cause or attempt to cause the other person to come into	42037
contact with blood, semen, urine, feces, or another bodily	42038
substance by throwing the bodily substance at the other person, by	42039
expelling the bodily substance upon the other person, or in any	42040
other manner.	42041

(D) Whoever violates this section is guilty of harassment	42042
with a bodily substance. A violation of division (A) or (B) of	42043
this section is a felony of the fifth degree. A violation of	42044
division (C) of this section is a felony of the third degree.	42045

(E)(1) The court, on request of the prosecutor, or the law	42046
enforcement authority responsible for the investigation of the	42047
violation, shall cause a person who allegedly has committed a	42048
violation of this section to submit to one or more appropriate	42049
tests to determine if the person is a carrier of the virus that	42050
causes acquired immunodeficiency syndrome, is a carrier of a	42051
hepatitis virus, or is infected with tuberculosis.	42052

(2) The court shall charge the offender with the costs of the	42053
test or tests ordered under division (E)(1) of this section unless	42054
the court determines that the accused is unable to pay, in which	42055
case the costs shall be charged to the entity that operates the	42056
detention facility in which the alleged offense occurred.	42057

(F) This section does not apply to a person who is	42058
hospitalized, institutionalized, or confined in a facility	42059
operated by the department of ~~mental health~~mental health and	42060
addiction services or the department of developmental	42061
disabilities.	42062

Sec. 2923.126. (A) A concealed handgun license that is	42063
issued under section 2923.125 of the Revised Code shall expire	42064
five years after the date of issuance. A licensee who has been	42065
issued a license under that section shall be granted a grace	42066
period of thirty days after the licensee's license expires during	42067
which the licensee's license remains valid. Except as provided in	42068
divisions (B) and (C) of this section, a licensee who has been	42069
issued a concealed handgun license under section 2923.125 or	42070
2923.1213 of the Revised Code may carry a concealed handgun	42071
anywhere in this state if the licensee also carries a valid	42072
license and valid identification when the licensee is in actual	42073
possession of a concealed handgun. The licensee shall give notice	42074
of any change in the licensee's residence address to the sheriff	42075
who issued the license within forty-five days after that change.	42076

If a licensee is the driver or an occupant of a motor vehicle	42077
that is stopped as the result of a traffic stop or a stop for	42078
another law enforcement purpose and if the licensee is	42079
transporting or has a loaded handgun in the motor vehicle at that	42080
time, the licensee shall promptly inform any law enforcement	42081
officer who approaches the vehicle while stopped that the licensee	42082
has been issued a concealed handgun license and that the licensee	42083
currently possesses or has a loaded handgun; the licensee shall	42084
not knowingly disregard or fail to comply with lawful orders of a	42085
law enforcement officer given while the motor vehicle is stopped,	42086
knowingly fail to remain in the motor vehicle while stopped, or	42087
knowingly fail to keep the licensee's hands in plain sight after	42088
any law enforcement officer begins approaching the licensee while	42089
stopped and before the officer leaves, unless directed otherwise	42090
by a law enforcement officer; and the licensee shall not knowingly	42091
have contact with the loaded handgun by touching it with the	42092
licensee's hands or fingers, in any manner in violation of	42093
division (E) of section 2923.16 of the Revised Code, after any law	42094
enforcement officer begins approaching the licensee while stopped	42095
and before the officer leaves. Additionally, if a licensee is the	42096
driver or an occupant of a commercial motor vehicle that is	42097
stopped by an employee of the motor carrier enforcement unit for	42098
the purposes defined in section 5503.04 of the Revised Code and if	42099
the licensee is transporting or has a loaded handgun in the	42100
commercial motor vehicle at that time, the licensee shall promptly	42101
inform the employee of the unit who approaches the vehicle while	42102
stopped that the licensee has been issued a concealed handgun	42103
license and that the licensee currently possesses or has a loaded	42104
handgun.	42105

If a licensee is stopped for a law enforcement purpose and if	42106
the licensee is carrying a concealed handgun at the time the	42107
officer approaches, the licensee shall promptly inform any law	42108
enforcement officer who approaches the licensee while stopped that	42109
the licensee has been issued a concealed handgun license and that	42110
the licensee currently is carrying a concealed handgun; the	42111
licensee shall not knowingly disregard or fail to comply with	42112
lawful orders of a law enforcement officer given while the	42113
licensee is stopped or knowingly fail to keep the licensee's hands	42114
in plain sight after any law enforcement officer begins	42115
approaching the licensee while stopped and before the officer	42116
leaves, unless directed otherwise by a law enforcement officer;	42117
and the licensee shall not knowingly remove, attempt to remove,	42118
grasp, or hold the loaded handgun or knowingly have contact with	42119
the loaded handgun by touching it with the licensee's hands or	42120
fingers, in any manner in violation of division (B) of section	42121
2923.12 of the Revised Code, after any law enforcement officer	42122
begins approaching the licensee while stopped and before the	42123
officer leaves.	42124

(B) A valid concealed handgun license does not authorize the	42125
licensee to carry a concealed handgun in any manner prohibited	42126
under division (B) of section 2923.12 of the Revised Code or in	42127
any manner prohibited under section 2923.16 of the Revised Code. A	42128
valid license does not authorize the licensee to carry a concealed	42129
handgun into any of the following places:	42130

(1) A police station, sheriff's office, or state highway	42131
patrol station, premises controlled by the bureau of criminal	42132
identification and investigation, a state correctional	42133
institution, jail, workhouse, or other detention facility, an	42134
airport passenger terminal, or an institution that is maintained,	42135
operated, managed, and governed pursuant to division (A) of	42136
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	42137
section 5123.03 of the Revised Code;	42138

(2) A school safety zone if the licensee's carrying the	42139
concealed handgun is in violation of section 2923.122 of the	42140
Revised Code;	42141

(3) A courthouse or another building or structure in which a	42142
courtroom is located, in violation of section 2923.123 of the	42143
Revised Code;	42144

(4) Any premises or open air arena for which a D permit has	42145
been issued under Chapter 4303. of the Revised Code if the	42146
licensee's carrying the concealed handgun is in violation of	42147
section 2923.121 of the Revised Code;	42148

(5) Any premises owned or leased by any public or private	42149
college, university, or other institution of higher education,	42150
unless the handgun is in a locked motor vehicle or the licensee is	42151
in the immediate process of placing the handgun in a locked motor	42152
vehicle;	42153

(6) Any church, synagogue, mosque, or other place of worship,	42154
unless the church, synagogue, mosque, or other place of worship	42155
posts or permits otherwise;	42156

(7) A child day-care center, a type A family day-care home, a	42157
type B family day-care home, or a type C family day-care home,	42158
except that this division does not prohibit a licensee who resides	42159
in a type A family day-care home, a type B family day-care home,	42160
or a type C family day-care home from carrying a concealed handgun	42161
at any time in any part of the home that is not dedicated or used	42162
for day-care purposes, or from carrying a concealed handgun in a	42163
part of the home that is dedicated or used for day-care purposes	42164
at any time during which no children, other than children of that	42165
licensee, are in the home;	42166

(8) An aircraft that is in, or intended for operation in,	42167
foreign air transportation, interstate air transportation,	42168
intrastate air transportation, or the transportation of mail by	42169
aircraft;	42170

(9) Any building that is a government facility of this state	42171
or a political subdivision of this state and that is not a	42172
building that is used primarily as a shelter, restroom, parking	42173
facility for motor vehicles, or rest facility and is not a	42174
courthouse or other building or structure in which a courtroom is	42175
located that is subject to division (B)(3) of this section;	42176

(10) A place in which federal law prohibits the carrying of	42177
handguns.	42178

(C)(1) Nothing in this section shall negate or restrict a	42179
rule, policy, or practice of a private employer that is not a	42180
private college, university, or other institution of higher	42181
education concerning or prohibiting the presence of firearms on	42182
the private employer's premises or property, including motor	42183
vehicles owned by the private employer. Nothing in this section	42184
shall require a private employer of that nature to adopt a rule,	42185
policy, or practice concerning or prohibiting the presence of	42186
firearms on the private employer's premises or property, including	42187
motor vehicles owned by the private employer.	42188

(2)(a) A private employer shall be immune from liability in a	42189
civil action for any injury, death, or loss to person or property	42190
that allegedly was caused by or related to a licensee bringing a	42191
handgun onto the premises or property of the private employer,	42192
including motor vehicles owned by the private employer, unless the	42193
private employer acted with malicious purpose. A private employer	42194
is immune from liability in a civil action for any injury, death,	42195
or loss to person or property that allegedly was caused by or	42196
related to the private employer's decision to permit a licensee to	42197
bring, or prohibit a licensee from bringing, a handgun onto the	42198
premises or property of the private employer. As used in this	42199
division, "private employer" includes a private college,	42200
university, or other institution of higher education.	42201

(b) A political subdivision shall be immune from liability in	42202
a civil action, to the extent and in the manner provided in	42203
Chapter 2744. of the Revised Code, for any injury, death, or loss	42204
to person or property that allegedly was caused by or related to a	42205
licensee bringing a handgun onto any premises or property owned,	42206
leased, or otherwise under the control of the political	42207
subdivision. As used in this division, "political subdivision" has	42208
the same meaning as in section 2744.01 of the Revised Code.	42209

(3)(a) Except as provided in division (C)(3)(b) of this	42210
section, the owner or person in control of private land or	42211
premises, and a private person or entity leasing land or premises	42212
owned by the state, the United States, or a political subdivision	42213
of the state or the United States, may post a sign in a	42214
conspicuous location on that land or on those premises prohibiting	42215
persons from carrying firearms or concealed firearms on or onto	42216
that land or those premises. Except as otherwise provided in this	42217
division, a person who knowingly violates a posted prohibition of	42218
that nature is guilty of criminal trespass in violation of	42219
division (A)(4) of section 2911.21 of the Revised Code and is	42220
guilty of a misdemeanor of the fourth degree. If a person	42221
knowingly violates a posted prohibition of that nature and the	42222
posted land or premises primarily was a parking lot or other	42223
parking facility, the person is not guilty of criminal trespass in	42224
violation of division (A)(4) of section 2911.21 of the Revised	42225
Code and instead is subject only to a civil cause of action for	42226
trespass based on the violation.	42227

(b) A landlord may not prohibit or restrict a tenant who is a	42228
licensee and who on or after September 9, 2008, enters into a	42229
rental agreement with the landlord for the use of residential	42230
premises, and the tenant's guest while the tenant is present, from	42231
lawfully carrying or possessing a handgun on those residential	42232
premises.	42233

42234

(i) "Residential premises" has the same meaning as in section	42235
5321.01 of the Revised Code, except "residential premises" does	42236
not include a dwelling unit that is owned or operated by a college	42237
or university.	42238

(ii) "Landlord," "tenant," and "rental agreement" have the	42239
same meanings as in section 5321.01 of the Revised Code.	42240

(D) A person who holds a concealed handgun license issued by	42241
another state that is recognized by the attorney general pursuant	42242
to a reciprocity agreement entered into pursuant to section 109.69	42243
of the Revised Code has the same right to carry a concealed	42244
handgun in this state as a person who was issued a concealed	42245
handgun license under section 2923.125 of the Revised Code and is	42246
subject to the same restrictions that apply to a person who	42247
carries a license issued under that section.	42248

(E) A peace officer has the same right to carry a concealed	42249
handgun in this state as a person who was issued a concealed	42250
handgun license under section 2923.125 of the Revised Code. For	42251
purposes of reciprocity with other states, a peace officer shall	42252
be considered to be a licensee in this state.	42253

(F)(1) A qualified retired peace officer who possesses a	42254
retired peace officer identification card issued pursuant to	42255
division (F)(2) of this section and a valid firearms	42256
requalification certification issued pursuant to division (F)(3)	42257
of this section has the same right to carry a concealed handgun in	42258
this state as a person who was issued a concealed handgun license	42259
under section 2923.125 of the Revised Code and is subject to the	42260
same restrictions that apply to a person who carries a license	42261
issued under that section. For purposes of reciprocity with other	42262
states, a qualified retired peace officer who possesses a retired	42263
peace officer identification card issued pursuant to division	42264
(F)(2) of this section and a valid firearms requalification	42265
certification issued pursuant to division (F)(3) of this section	42266
shall be considered to be a licensee in this state.	42267

(2)(a) Each public agency of this state or of a political	42268
subdivision of this state that is served by one or more peace	42269
officers shall issue a retired peace officer identification card	42270
to any person who retired from service as a peace officer with	42271
that agency, if the issuance is in accordance with the agency's	42272
policies and procedures and if the person, with respect to the	42273
person's service with that agency, satisfies all of the following:	42274

(i) The person retired in good standing from service as a	42275
peace officer with the public agency, and the retirement was not	42276
for reasons of mental instability.	42277

(ii) Before retiring from service as a peace officer with	42278
that agency, the person was authorized to engage in or supervise	42279
the prevention, detection, investigation, or prosecution of, or	42280
the incarceration of any person for, any violation of law and the	42281
person had statutory powers of arrest.	42282

(iii) At the time of the person's retirement as a peace	42283
officer with that agency, the person was trained and qualified to	42284
carry firearms in the performance of the peace officer's duties.	42285

(iv) Before retiring from service as a peace officer with	42286
that agency, the person was regularly employed as a peace officer	42287
for an aggregate of fifteen years or more, or, in the alternative,	42288
the person retired from service as a peace officer with that	42289
agency, after completing any applicable probationary period of	42290
that service, due to a service-connected disability, as determined	42291
by the agency.	42292

(b) A retired peace officer identification card issued to a	42293
person under division (F)(2)(a) of this section shall identify the	42294
person by name, contain a photograph of the person, identify the	42295
public agency of this state or of the political subdivision of	42296
this state from which the person retired as a peace officer and	42297
that is issuing the identification card, and specify that the	42298
person retired in good standing from service as a peace officer	42299
with the issuing public agency and satisfies the criteria set	42300
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	42301
addition to the required content specified in this division, a	42302
retired peace officer identification card issued to a person under	42303
division (F)(2)(a) of this section may include the firearms	42304
requalification certification described in division (F)(3) of this	42305
section, and if the identification card includes that	42306
certification, the identification card shall serve as the firearms	42307
requalification certification for the retired peace officer. If	42308
the issuing public agency issues credentials to active law	42309
enforcement officers who serve the agency, the agency may comply	42310
with division (F)(2)(a) of this section by issuing the same	42311
credentials to persons who retired from service as a peace officer	42312
with the agency and who satisfy the criteria set forth in	42313
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	42314
credentials so issued to retired peace officers are stamped with	42315
the word "RETIRED."	42316

(c) A public agency of this state or of a political	42317
subdivision of this state may charge persons who retired from	42318
service as a peace officer with the agency a reasonable fee for	42319
issuing to the person a retired peace officer identification card	42320
pursuant to division (F)(2)(a) of this section.	42321

(3) If a person retired from service as a peace officer with	42322
a public agency of this state or of a political subdivision of	42323
this state and the person satisfies the criteria set forth in	42324
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	42325
may provide the retired peace officer with the opportunity to	42326
attend a firearms requalification program that is approved for	42327
purposes of firearms requalification required under section	42328
109.801 of the Revised Code. The retired peace officer may be	42329
required to pay the cost of the course.	42330

If a retired peace officer who satisfies the criteria set	42331
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	42332
firearms requalification program that is approved for purposes of	42333
firearms requalification required under section 109.801 of the	42334
Revised Code, the retired peace officer's successful completion of	42335
the firearms requalification program requalifies the retired peace	42336
officer for purposes of division (F) of this section for five	42337
years from the date on which the program was successfully	42338
completed, and the requalification is valid during that five-year	42339
period. If a retired peace officer who satisfies the criteria set	42340
forth in divisions (F)(2)(a)(i) to (iv) of this section	42341
satisfactorily completes such a firearms requalification program,	42342
the retired peace officer shall be issued a firearms	42343
requalification certification that identifies the retired peace	42344
officer by name, identifies the entity that taught the program,	42345
specifies that the retired peace officer successfully completed	42346
the program, specifies the date on which the course was	42347
successfully completed, and specifies that the requalification is	42348
valid for five years from that date of successful completion. The	42349
firearms requalification certification for a retired peace officer	42350
may be included in the retired peace officer identification card	42351
issued to the retired peace officer under division (F)(2) of this	42352
section.	42353

A retired peace officer who attends a firearms	42354
requalification program that is approved for purposes of firearms	42355
requalification required under section 109.801 of the Revised Code	42356
may be required to pay the cost of the program.	42357

(G) As used in this section:

42358

(1) "Qualified retired peace officer" means a person who	42359
satisfies all of the following:	42360

(a) The person satisfies the criteria set forth in divisions	42361
(F)(2)(a)(i) to (v) of this section.	42362

(b) The person is not under the influence of alcohol or	42363
another intoxicating or hallucinatory drug or substance.	42364

(c) The person is not prohibited by federal law from	42365
receiving firearms.	42366

(2) "Retired peace officer identification card" means an	42367
identification card that is issued pursuant to division (F)(2) of	42368
this section to a person who is a retired peace officer.	42369

(3) "Government facility of this state or a political	42370
subdivision of this state" means any of the following:	42371

(a) A building or part of a building that is owned or leased	42372
by the government of this state or a political subdivision of this	42373
state and where employees of the government of this state or the	42374
political subdivision regularly are present for the purpose of	42375
performing their official duties as employees of the state or	42376
political subdivision;	42377

(b) The office of a deputy registrar serving pursuant to	42378
Chapter 4503. of the Revised Code that is used to perform deputy	42379
registrar functions.	42380

Sec. 2925.03. (A) No person shall knowingly do any of the	42381
following:	42382

(1) Sell or offer to sell a controlled substance or a	42383
controlled substance analog;	42384

(2) Prepare for shipment, ship, transport, deliver, prepare	42385
for distribution, or distribute a controlled substance or a	42386
controlled substance analog, when the offender knows or has	42387
reasonable cause to believe that the controlled substance or a	42388
controlled substance analog is intended for sale or resale by the	42389
offender or another person.	42390

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

42391

(1) Manufacturers, licensed health professionals authorized	42392
to prescribe drugs, pharmacists, owners of pharmacies, and other	42393
persons whose conduct is in accordance with Chapters 3719., 4715.,	42394
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	42395

(2) If the offense involves an anabolic steroid, any person	42396
who is conducting or participating in a research project involving	42397
the use of an anabolic steroid if the project has been approved by	42398
the United States food and drug administration;	42399

(3) Any person who sells, offers for sale, prescribes,	42400
dispenses, or administers for livestock or other nonhuman species	42401
an anabolic steroid that is expressly intended for administration	42402
through implants to livestock or other nonhuman species and	42403
approved for that purpose under the "Federal Food, Drug, and	42404
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	42405
and is sold, offered for sale, prescribed, dispensed, or	42406
administered for that purpose in accordance with that act.	42407

(C) Whoever violates division (A) of this section is guilty	42408
of one of the following:	42409

(1) If the drug involved in the violation is any compound,	42410
mixture, preparation, or substance included in schedule I or	42411
schedule II, with the exception of marihuana, cocaine, L.S.D.,	42412
heroin, hashish, and controlled substance analogs, whoever	42413
violates division (A) of this section is guilty of aggravated	42414
trafficking in drugs. The penalty for the offense shall be	42415
determined as follows:	42416

(a) Except as otherwise provided in division (C)(1)(b), (c),	42417
(d), (e), or (f) of this section, aggravated trafficking in drugs	42418
is a felony of the fourth degree, and division (C) of section	42419
2929.13 of the Revised Code applies in determining whether to	42420
impose a prison term on the offender.	42421

(b) Except as otherwise provided in division (C)(1)(c), (d),	42422
(e), or (f) of this section, if the offense was committed in the	42423
vicinity of a school or in the vicinity of a juvenile, aggravated	42424
trafficking in drugs is a felony of the third degree, and division	42425
(C) of section 2929.13 of the Revised Code applies in determining	42426
whether to impose a prison term on the offender.	42427

(c) Except as otherwise provided in this division, if the	42428
amount of the drug involved equals or exceeds the bulk amount but	42429
is less than five times the bulk amount, aggravated trafficking in	42430
drugs is a felony of the third degree, and, except as otherwise	42431
provided in this division, there is a presumption for a prison	42432
term for the offense. If aggravated trafficking in drugs is a	42433
felony of the third degree under this division and if the offender	42434
two or more times previously has been convicted of or pleaded	42435
guilty to a felony drug abuse offense, the court shall impose as a	42436
mandatory prison term one of the prison terms prescribed for a	42437
felony of the third degree. If the amount of the drug involved is	42438
within that range and if the offense was committed in the vicinity	42439
of a school or in the vicinity of a juvenile, aggravated	42440
trafficking in drugs is a felony of the second degree, and the	42441
court shall impose as a mandatory prison term one of the prison	42442
terms prescribed for a felony of the second degree.	42443

(d) Except as otherwise provided in this division, if the	42444
amount of the drug involved equals or exceeds five times the bulk	42445
amount but is less than fifty times the bulk amount, aggravated	42446
trafficking in drugs is a felony of the second degree, and the	42447
court shall impose as a mandatory prison term one of the prison	42448
terms prescribed for a felony of the second degree. If the amount	42449
of the drug involved is within that range and if the offense was	42450
committed in the vicinity of a school or in the vicinity of a	42451
juvenile, aggravated trafficking in drugs is a felony of the first	42452
degree, and the court shall impose as a mandatory prison term one	42453
of the prison terms prescribed for a felony of the first degree.	42454

(e) If the amount of the drug involved equals or exceeds	42455
fifty times the bulk amount but is less than one hundred times the	42456
bulk amount and regardless of whether the offense was committed in	42457
the vicinity of a school or in the vicinity of a juvenile,	42458
aggravated trafficking in drugs is a felony of the first degree,	42459
and the court shall impose as a mandatory prison term one of the	42460
prison terms prescribed for a felony of the first degree.	42461

(f) If the amount of the drug involved equals or exceeds one	42462
hundred times the bulk amount and regardless of whether the	42463
offense was committed in the vicinity of a school or in the	42464
vicinity of a juvenile, aggravated trafficking in drugs is a	42465
felony of the first degree, the offender is a major drug offender,	42466
and the court shall impose as a mandatory prison term the maximum	42467
prison term prescribed for a felony of the first degree.	42468

(2) If the drug involved in the violation is any compound,	42469
mixture, preparation, or substance included in schedule III, IV,	42470
or V, whoever violates division (A) of this section is guilty of	42471
trafficking in drugs. The penalty for the offense shall be	42472
determined as follows:	42473

(a) Except as otherwise provided in division (C)(2)(b), (c),	42474
(d), or (e) of this section, trafficking in drugs is a felony of	42475
the fifth degree, and division (B) of section 2929.13 of the	42476
Revised Code applies in determining whether to impose a prison	42477
term on the offender.	42478

(b) Except as otherwise provided in division (C)(2)(c), (d),	42479
or (e) of this section, if the offense was committed in the	42480
vicinity of a school or in the vicinity of a juvenile, trafficking	42481
in drugs is a felony of the fourth degree, and division (C) of	42482
section 2929.13 of the Revised Code applies in determining whether	42483
to impose a prison term on the offender.	42484

(c) Except as otherwise provided in this division, if the	42485
amount of the drug involved equals or exceeds the bulk amount but	42486
is less than five times the bulk amount, trafficking in drugs is a	42487
felony of the fourth degree, and division (B) of section 2929.13	42488
of the Revised Code applies in determining whether to impose a	42489
prison term for the offense. If the amount of the drug involved is	42490
within that range and if the offense was committed in the vicinity	42491
of a school or in the vicinity of a juvenile, trafficking in drugs	42492
is a felony of the third degree, and there is a presumption for a	42493
prison term for the offense.	42494

(d) Except as otherwise provided in this division, if the	42495
amount of the drug involved equals or exceeds five times the bulk	42496
amount but is less than fifty times the bulk amount, trafficking	42497
in drugs is a felony of the third degree, and there is a	42498
presumption for a prison term for the offense. If the amount of	42499
the drug involved is within that range and if the offense was	42500
committed in the vicinity of a school or in the vicinity of a	42501
juvenile, trafficking in drugs is a felony of the second degree,	42502
and there is a presumption for a prison term for the offense.	42503

(e) Except as otherwise provided in this division, if the	42504
amount of the drug involved equals or exceeds fifty times the bulk	42505
amount, trafficking in drugs is a felony of the second degree, and	42506
the court shall impose as a mandatory prison term one of the	42507
prison terms prescribed for a felony of the second degree. If the	42508
amount of the drug involved equals or exceeds fifty times the bulk	42509
amount and if the offense was committed in the vicinity of a	42510
school or in the vicinity of a juvenile, trafficking in drugs is a	42511
felony of the first degree, and the court shall impose as a	42512
mandatory prison term one of the prison terms prescribed for a	42513
felony of the first degree.	42514

(3) If the drug involved in the violation is marihuana or a	42515
compound, mixture, preparation, or substance containing marihuana	42516
other than hashish, whoever violates division (A) of this section	42517
is guilty of trafficking in marihuana. The penalty for the offense	42518
shall be determined as follows:	42519

(a) Except as otherwise provided in division (C)(3)(b), (c),	42520
(d), (e), (f), (g), or (h) of this section, trafficking in	42521
marihuana is a felony of the fifth degree, and division (B) of	42522
section 2929.13 of the Revised Code applies in determining whether	42523
to impose a prison term on the offender.	42524

(b) Except as otherwise provided in division (C)(3)(c), (d),	42525
(e), (f), (g), or (h) of this section, if the offense was	42526
committed in the vicinity of a school or in the vicinity of a	42527
juvenile, trafficking in marihuana is a felony of the fourth	42528
degree, and division (B) of section 2929.13 of the Revised Code	42529
applies in determining whether to impose a prison term on the	42530
offender.	42531

(c) Except as otherwise provided in this division, if the	42532
amount of the drug involved equals or exceeds two hundred grams	42533
but is less than one thousand grams, trafficking in marihuana is a	42534
felony of the fourth degree, and division (B) of section 2929.13	42535
of the Revised Code applies in determining whether to impose a	42536
prison term on the offender. If the amount of the drug involved is	42537
within that range and if the offense was committed in the vicinity	42538
of a school or in the vicinity of a juvenile, trafficking in	42539
marihuana is a felony of the third degree, and division (C) of	42540
section 2929.13 of the Revised Code applies in determining whether	42541
to impose a prison term on the offender.	42542

(d) Except as otherwise provided in this division, if the	42543
amount of the drug involved equals or exceeds one thousand grams	42544
but is less than five thousand grams, trafficking in marihuana is	42545
a felony of the third degree, and division (C) of section 2929.13	42546
of the Revised Code applies in determining whether to impose a	42547
prison term on the offender. If the amount of the drug involved is	42548
within that range and if the offense was committed in the vicinity	42549
of a school or in the vicinity of a juvenile, trafficking in	42550
marihuana is a felony of the second degree, and there is a	42551
presumption that a prison term shall be imposed for the offense.	42552

(e) Except as otherwise provided in this division, if the	42553
amount of the drug involved equals or exceeds five thousand grams	42554
but is less than twenty thousand grams, trafficking in marihuana	42555
is a felony of the third degree, and there is a presumption that a	42556
prison term shall be imposed for the offense. If the amount of the	42557
drug involved is within that range and if the offense was	42558
committed in the vicinity of a school or in the vicinity of a	42559
juvenile, trafficking in marihuana is a felony of the second	42560
degree, and there is a presumption that a prison term shall be	42561
imposed for the offense.	42562

(f) Except as otherwise provided in this division, if the	42563
amount of the drug involved equals or exceeds twenty thousand	42564
grams but is less than forty thousand grams, trafficking in	42565
marihuana is a felony of the second degree, and the court shall	42566
impose a mandatory prison term of five, six, seven, or eight	42567
years. If the amount of the drug involved is within that range and	42568
if the offense was committed in the vicinity of a school or in the	42569
vicinity of a juvenile, trafficking in marihuana is a felony of	42570
the first degree, and the court shall impose as a mandatory prison	42571
term the maximum prison term prescribed for a felony of the first	42572
degree.	42573

(g) Except as otherwise provided in this division, if the	42574
amount of the drug involved equals or exceeds forty thousand	42575
grams, trafficking in marihuana is a felony of the second degree,	42576
and the court shall impose as a mandatory prison term the maximum	42577
prison term prescribed for a felony of the second degree. If the	42578
amount of the drug involved equals or exceeds forty thousand grams	42579
and if the offense was committed in the vicinity of a school or in	42580
the vicinity of a juvenile, trafficking in marihuana is a felony	42581
of the first degree, and the court shall impose as a mandatory	42582
prison term the maximum prison term prescribed for a felony of the	42583
first degree.	42584

(h) Except as otherwise provided in this division, if the	42585
offense involves a gift of twenty grams or less of marihuana,	42586
trafficking in marihuana is a minor misdemeanor upon a first	42587
offense and a misdemeanor of the third degree upon a subsequent	42588
offense. If the offense involves a gift of twenty grams or less of	42589
marihuana and if the offense was committed in the vicinity of a	42590
school or in the vicinity of a juvenile, trafficking in marihuana	42591
is a misdemeanor of the third degree.	42592

(4) If the drug involved in the violation is cocaine or a	42593
compound, mixture, preparation, or substance containing cocaine,	42594
whoever violates division (A) of this section is guilty of	42595
trafficking in cocaine. The penalty for the offense shall be	42596
determined as follows:	42597

(a) Except as otherwise provided in division (C)(4)(b), (c),	42598
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	42599
felony of the fifth degree, and division (B) of section 2929.13 of	42600
the Revised Code applies in determining whether to impose a prison	42601
term on the offender.	42602

(b) Except as otherwise provided in division (C)(4)(c), (d),	42603
(e), (f), or (g) of this section, if the offense was committed in	42604
the vicinity of a school or in the vicinity of a juvenile,	42605
trafficking in cocaine is a felony of the fourth degree, and	42606
division (C) of section 2929.13 of the Revised Code applies in	42607
determining whether to impose a prison term on the offender.	42608

(c) Except as otherwise provided in this division, if the	42609
amount of the drug involved equals or exceeds five grams but is	42610
less than ten grams of cocaine, trafficking in cocaine is a felony	42611
of the fourth degree, and division (B) of section 2929.13 of the	42612
Revised Code applies in determining whether to impose a prison	42613
term for the offense. If the amount of the drug involved is within	42614
that range and if the offense was committed in the vicinity of a	42615
school or in the vicinity of a juvenile, trafficking in cocaine is	42616
a felony of the third degree, and there is a presumption for a	42617
prison term for the offense.	42618

(d) Except as otherwise provided in this division, if the	42619
amount of the drug involved equals or exceeds ten grams but is	42620
less than twenty grams of cocaine, trafficking in cocaine is a	42621
felony of the third degree, and, except as otherwise provided in	42622
this division, there is a presumption for a prison term for the	42623
offense. If trafficking in cocaine is a felony of the third degree	42624
under this division and if the offender two or more times	42625
previously has been convicted of or pleaded guilty to a felony	42626
drug abuse offense, the court shall impose as a mandatory prison	42627
term one of the prison terms prescribed for a felony of the third	42628
degree. If the amount of the drug involved is within that range	42629
and if the offense was committed in the vicinity of a school or in	42630
the vicinity of a juvenile, trafficking in cocaine is a felony of	42631
the second degree, and the court shall impose as a mandatory	42632
prison term one of the prison terms prescribed for a felony of the	42633
second degree.	42634

(e) Except as otherwise provided in this division, if the	42635
amount of the drug involved equals or exceeds twenty grams but is	42636
less than twenty-seven grams of cocaine, trafficking in cocaine is	42637
a felony of the second degree, and the court shall impose as a	42638
mandatory prison term one of the prison terms prescribed for a	42639
felony of the second degree. If the amount of the drug involved is	42640
within that range and if the offense was committed in the vicinity	42641
of a school or in the vicinity of a juvenile, trafficking in	42642
cocaine is a felony of the first degree, and the court shall	42643
impose as a mandatory prison term one of the prison terms	42644
prescribed for a felony of the first degree.	42645

(f) If the amount of the drug involved equals or exceeds	42646
twenty-seven grams but is less than one hundred grams of cocaine	42647
and regardless of whether the offense was committed in the	42648
vicinity of a school or in the vicinity of a juvenile, trafficking	42649
in cocaine is a felony of the first degree, and the court shall	42650
impose as a mandatory prison term one of the prison terms	42651
prescribed for a felony of the first degree.	42652

(g) If the amount of the drug involved equals or exceeds one	42653
hundred grams of cocaine and regardless of whether the offense was	42654
committed in the vicinity of a school or in the vicinity of a	42655
juvenile, trafficking in cocaine is a felony of the first degree,	42656
the offender is a major drug offender, and the court shall impose	42657
as a mandatory prison term the maximum prison term prescribed for	42658
a felony of the first degree.	42659

(5) If the drug involved in the violation is L.S.D. or a	42660
compound, mixture, preparation, or substance containing L.S.D.,	42661
whoever violates division (A) of this section is guilty of	42662
trafficking in L.S.D. The penalty for the offense shall be	42663
determined as follows:	42664

(a) Except as otherwise provided in division (C)(5)(b), (c),	42665
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	42666
felony of the fifth degree, and division (B) of section 2929.13 of	42667
the Revised Code applies in determining whether to impose a prison	42668
term on the offender.	42669

(b) Except as otherwise provided in division (C)(5)(c), (d),	42670
(e), (f), or (g) of this section, if the offense was committed in	42671
the vicinity of a school or in the vicinity of a juvenile,	42672
trafficking in L.S.D. is a felony of the fourth degree, and	42673
division (C) of section 2929.13 of the Revised Code applies in	42674
determining whether to impose a prison term on the offender.	42675

(c) Except as otherwise provided in this division, if the	42676
amount of the drug involved equals or exceeds ten unit doses but	42677
is less than fifty unit doses of L.S.D. in a solid form or equals	42678
or exceeds one gram but is less than five grams of L.S.D. in a	42679
liquid concentrate, liquid extract, or liquid distillate form,	42680
trafficking in L.S.D. is a felony of the fourth degree, and	42681
division (B) of section 2929.13 of the Revised Code applies in	42682
determining whether to impose a prison term for the offense. If	42683
the amount of the drug involved is within that range and if the	42684
offense was committed in the vicinity of a school or in the	42685
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	42686
third degree, and there is a presumption for a prison term for the	42687
offense.	42688

(d) Except as otherwise provided in this division, if the	42689
amount of the drug involved equals or exceeds fifty unit doses but	42690
is less than two hundred fifty unit doses of L.S.D. in a solid	42691
form or equals or exceeds five grams but is less than twenty-five	42692
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	42693
distillate form, trafficking in L.S.D. is a felony of the third	42694
degree, and, except as otherwise provided in this division, there	42695
is a presumption for a prison term for the offense. If trafficking	42696
in L.S.D. is a felony of the third degree under this division and	42697
if the offender two or more times previously has been convicted of	42698
or pleaded guilty to a felony drug abuse offense, the court shall	42699
impose as a mandatory prison term one of the prison terms	42700
prescribed for a felony of the third degree. If the amount of the	42701
drug involved is within that range and if the offense was	42702
committed in the vicinity of a school or in the vicinity of a	42703
juvenile, trafficking in L.S.D. is a felony of the second degree,	42704
and the court shall impose as a mandatory prison term one of the	42705
prison terms prescribed for a felony of the second degree.	42706

(e) Except as otherwise provided in this division, if the	42707
amount of the drug involved equals or exceeds two hundred fifty	42708
unit doses but is less than one thousand unit doses of L.S.D. in a	42709
solid form or equals or exceeds twenty-five grams but is less than	42710
one hundred grams of L.S.D. in a liquid concentrate, liquid	42711
extract, or liquid distillate form, trafficking in L.S.D. is a	42712
felony of the second degree, and the court shall impose as a	42713
mandatory prison term one of the prison terms prescribed for a	42714
felony of the second degree. If the amount of the drug involved is	42715
within that range and if the offense was committed in the vicinity	42716
of a school or in the vicinity of a juvenile, trafficking in	42717
L.S.D. is a felony of the first degree, and the court shall impose	42718
as a mandatory prison term one of the prison terms prescribed for	42719
a felony of the first degree.	42720

(f) If the amount of the drug involved equals or exceeds one	42721
thousand unit doses but is less than five thousand unit doses of	42722
L.S.D. in a solid form or equals or exceeds one hundred grams but	42723
is less than five hundred grams of L.S.D. in a liquid concentrate,	42724
liquid extract, or liquid distillate form and regardless of	42725
whether the offense was committed in the vicinity of a school or	42726
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	42727
of the first degree, and the court shall impose as a mandatory	42728
prison term one of the prison terms prescribed for a felony of the	42729
first degree.	42730

(g) If the amount of the drug involved equals or exceeds five	42731
thousand unit doses of L.S.D. in a solid form or equals or exceeds	42732
five hundred grams of L.S.D. in a liquid concentrate, liquid	42733
extract, or liquid distillate form and regardless of whether the	42734
offense was committed in the vicinity of a school or in the	42735
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	42736
first degree, the offender is a major drug offender, and the court	42737
shall impose as a mandatory prison term the maximum prison term	42738
prescribed for a felony of the first degree.	42739

(6) If the drug involved in the violation is heroin or a	42740
compound, mixture, preparation, or substance containing heroin,	42741
whoever violates division (A) of this section is guilty of	42742
trafficking in heroin. The penalty for the offense shall be	42743
determined as follows:	42744

(a) Except as otherwise provided in division (C)(6)(b), (c),	42745
(d), (e), (f), or (g) of this section, trafficking in heroin is a	42746
felony of the fifth degree, and division (B) of section 2929.13 of	42747
the Revised Code applies in determining whether to impose a prison	42748
term on the offender.	42749

(b) Except as otherwise provided in division (C)(6)(c), (d),	42750
(e), (f), or (g) of this section, if the offense was committed in	42751
the vicinity of a school or in the vicinity of a juvenile,	42752
trafficking in heroin is a felony of the fourth degree, and	42753
division (C) of section 2929.13 of the Revised Code applies in	42754
determining whether to impose a prison term on the offender.	42755

(c) Except as otherwise provided in this division, if the	42756
amount of the drug involved equals or exceeds ten unit doses but	42757
is less than fifty unit doses or equals or exceeds one gram but is	42758
less than five grams, trafficking in heroin is a felony of the	42759
fourth degree, and division (B) of section 2929.13 of the Revised	42760
Code applies in determining whether to impose a prison term for	42761
the offense. If the amount of the drug involved is within that	42762
range and if the offense was committed in the vicinity of a school	42763
or in the vicinity of a juvenile, trafficking in heroin is a	42764
felony of the third degree, and there is a presumption for a	42765
prison term for the offense.	42766

(d) Except as otherwise provided in this division, if the	42767
amount of the drug involved equals or exceeds fifty unit doses but	42768
is less than one hundred unit doses or equals or exceeds five	42769
grams but is less than ten grams, trafficking in heroin is a	42770
felony of the third degree, and there is a presumption for a	42771
prison term for the offense. If the amount of the drug involved is	42772
within that range and if the offense was committed in the vicinity	42773
of a school or in the vicinity of a juvenile, trafficking in	42774
heroin is a felony of the second degree, and there is a	42775
presumption for a prison term for the offense.	42776

(e) Except as otherwise provided in this division, if the	42777
amount of the drug involved equals or exceeds one hundred unit	42778
doses but is less than five hundred unit doses or equals or	42779
exceeds ten grams but is less than fifty grams, trafficking in	42780
heroin is a felony of the second degree, and the court shall	42781
impose as a mandatory prison term one of the prison terms	42782
prescribed for a felony of the second degree. If the amount of the	42783
drug involved is within that range and if the offense was	42784
committed in the vicinity of a school or in the vicinity of a	42785
juvenile, trafficking in heroin is a felony of the first degree,	42786
and the court shall impose as a mandatory prison term one of the	42787
prison terms prescribed for a felony of the first degree.	42788

(f) If the amount of the drug involved equals or exceeds five	42789
hundred unit doses but is less than two thousand five hundred unit	42790
doses or equals or exceeds fifty grams but is less than two	42791
hundred fifty grams and regardless of whether the offense was	42792
committed in the vicinity of a school or in the vicinity of a	42793
juvenile, trafficking in heroin is a felony of the first degree,	42794
and the court shall impose as a mandatory prison term one of the	42795
prison terms prescribed for a felony of the first degree.	42796

(g) If the amount of the drug involved equals or exceeds two	42797
thousand five hundred unit doses or equals or exceeds two hundred	42798
fifty grams and regardless of whether the offense was committed in	42799
the vicinity of a school or in the vicinity of a juvenile,	42800
trafficking in heroin is a felony of the first degree, the	42801
offender is a major drug offender, and the court shall impose as a	42802
mandatory prison term the maximum prison term prescribed for a	42803
felony of the first degree.	42804

(7) If the drug involved in the violation is hashish or a	42805
compound, mixture, preparation, or substance containing hashish,	42806
whoever violates division (A) of this section is guilty of	42807
trafficking in hashish. The penalty for the offense shall be	42808
determined as follows:	42809

(a) Except as otherwise provided in division (C)(7)(b), (c),	42810
(d), (e), (f), or (g) of this section, trafficking in hashish is a	42811
felony of the fifth degree, and division (B) of section 2929.13 of	42812
the Revised Code applies in determining whether to impose a prison	42813
term on the offender.	42814

(b) Except as otherwise provided in division (C)(7)(c), (d),	42815
(e), (f), or (g) of this section, if the offense was committed in	42816
the vicinity of a school or in the vicinity of a juvenile,	42817
trafficking in hashish is a felony of the fourth degree, and	42818
division (B) of section 2929.13 of the Revised Code applies in	42819
determining whether to impose a prison term on the offender.	42820

(c) Except as otherwise provided in this division, if the	42821
amount of the drug involved equals or exceeds ten grams but is	42822
less than fifty grams of hashish in a solid form or equals or	42823
exceeds two grams but is less than ten grams of hashish in a	42824
liquid concentrate, liquid extract, or liquid distillate form,	42825
trafficking in hashish is a felony of the fourth degree, and	42826
division (B) of section 2929.13 of the Revised Code applies in	42827
determining whether to impose a prison term on the offender. If	42828
the amount of the drug involved is within that range and if the	42829
offense was committed in the vicinity of a school or in the	42830
vicinity of a juvenile, trafficking in hashish is a felony of the	42831
third degree, and division (C) of section 2929.13 of the Revised	42832
Code applies in determining whether to impose a prison term on the	42833
offender.	42834

(d) Except as otherwise provided in this division, if the	42835
amount of the drug involved equals or exceeds fifty grams but is	42836
less than two hundred fifty grams of hashish in a solid form or	42837
equals or exceeds ten grams but is less than fifty grams of	42838
hashish in a liquid concentrate, liquid extract, or liquid	42839
distillate form, trafficking in hashish is a felony of the third	42840
degree, and division (C) of section 2929.13 of the Revised Code	42841
applies in determining whether to impose a prison term on the	42842
offender. If the amount of the drug involved is within that range	42843
and if the offense was committed in the vicinity of a school or in	42844
the vicinity of a juvenile, trafficking in hashish is a felony of	42845
the second degree, and there is a presumption that a prison term	42846
shall be imposed for the offense.	42847

(e) Except as otherwise provided in this division, if the	42848
amount of the drug involved equals or exceeds two hundred fifty	42849
grams but is less than one thousand grams of hashish in a solid	42850
form or equals or exceeds fifty grams but is less than two hundred	42851
grams of hashish in a liquid concentrate, liquid extract, or	42852
liquid distillate form, trafficking in hashish is a felony of the	42853
third degree, and there is a presumption that a prison term shall	42854
be imposed for the offense. If the amount of the drug involved is	42855
within that range and if the offense was committed in the vicinity	42856
of a school or in the vicinity of a juvenile, trafficking in	42857
hashish is a felony of the second degree, and there is a	42858
presumption that a prison term shall be imposed for the offense.	42859

(f) Except as otherwise provided in this division, if the	42860
amount of the drug involved equals or exceeds one thousand grams	42861
but is less than two thousand grams of hashish in a solid form or	42862
equals or exceeds two hundred grams but is less than four hundred	42863
grams of hashish in a liquid concentrate, liquid extract, or	42864
liquid distillate form, trafficking in hashish is a felony of the	42865
second degree, and the court shall impose a mandatory prison term	42866
of five, six, seven, or eight years. If the amount of the drug	42867
involved is within that range and if the offense was committed in	42868
the vicinity of a school or in the vicinity of a juvenile,	42869
trafficking in hashish is a felony of the first degree, and the	42870
court shall impose as a mandatory prison term the maximum prison	42871
term prescribed for a felony of the first degree.	42872

(g) Except as otherwise provided in this division, if the	42873
amount of the drug involved equals or exceeds two thousand grams	42874
of hashish in a solid form or equals or exceeds four hundred grams	42875
of hashish in a liquid concentrate, liquid extract, or liquid	42876
distillate form, trafficking in hashish is a felony of the second	42877
degree, and the court shall impose as a mandatory prison term the	42878
maximum prison term prescribed for a felony of the second degree.	42879
If the amount of the drug involved equals or exceeds two thousand	42880
grams of hashish in a solid form or equals or exceeds four hundred	42881
grams of hashish in a liquid concentrate, liquid extract, or	42882
liquid distillate form and if the offense was committed in the	42883
vicinity of a school or in the vicinity of a juvenile, trafficking	42884
in hashish is a felony of the first degree, and the court shall	42885
impose as a mandatory prison term the maximum prison term	42886
prescribed for a felony of the first degree.	42887

(8) If the drug involved in the violation is a controlled	42888
substance analog or compound, mixture, preparation, or substance	42889
that contains a controlled substance analog, whoever violates	42890
division (A) of this section is guilty of trafficking in a	42891
controlled substance analog. The penalty for the offense shall be	42892
determined as follows:	42893

(a) Except as otherwise provided in division (C)(8)(b), (c),	42894
(d), (e), (f), or (g) of this section, trafficking in a controlled	42895
substance analog is a felony of the fifth degree, and division (C)	42896
of section 2929.13 of the Revised Code applies in determining	42897
whether to impose a prison term on the offender.	42898

(b) Except as otherwise provided in division (C)(8)(c), (d),	42899
(e), (f), or (g) of this section, if the offense was committed in	42900
the vicinity of a school or in the vicinity of a juvenile,	42901
trafficking in a controlled substance analog is a felony of the	42902
fourth degree, and division (C) of section 2929.13 of the Revised	42903
Code applies in determining whether to impose a prison term on the	42904
offender.	42905

(c) Except as otherwise provided in this division, if the	42906
amount of the drug involved equals or exceeds ten grams but is	42907
less than twenty grams, trafficking in a controlled substance	42908
analog is a felony of the fourth degree, and division (B) of	42909
section 2929.13 of the Revised Code applies in determining whether	42910
to impose a prison term for the offense. If the amount of the drug	42911
involved is within that range and if the offense was committed in	42912
the vicinity of a school or in the vicinity of a juvenile,	42913
trafficking in a controlled substance analog is a felony of the	42914
third degree, and there is a presumption for a prison term for the	42915
offense.	42916

(d) Except as otherwise provided in this division, if the	42917
amount of the drug involved equals or exceeds twenty grams but is	42918
less than thirty grams, trafficking in a controlled substance	42919
analog is a felony of the third degree, and there is a presumption	42920
for a prison term for the offense. If the amount of the drug	42921
involved is within that range and if the offense was committed in	42922
the vicinity of a school or in the vicinity of a juvenile,	42923
trafficking in a controlled substance analog is a felony of the	42924
second degree, and there is a presumption for a prison term for	42925
the offense.	42926

(e) Except as otherwise provided in this division, if the	42927
amount of the drug involved equals or exceeds thirty grams but is	42928
less than forty grams, trafficking in a controlled substance	42929
analog is a felony of the second degree, and the court shall	42930
impose as a mandatory prison term one of the prison terms	42931
prescribed for a felony of the second degree. If the amount of the	42932
drug involved is within that range and if the offense was	42933
committed in the vicinity of a school or in the vicinity of a	42934
juvenile, trafficking in a controlled substance analog is a felony	42935
of the first degree, and the court shall impose as a mandatory	42936
prison term one of the prison terms prescribed for a felony of the	42937
first degree.	42938

(f) If the amount of the drug involved equals or exceeds	42939
forty grams but is less than fifty grams and regardless of whether	42940
the offense was committed in the vicinity of a school or in the	42941
vicinity of a juvenile, trafficking in a controlled substance	42942
analog is a felony of the first degree, and the court shall impose	42943
as a mandatory prison term one of the prison terms prescribed for	42944
a felony of the first degree.	42945

(g) If the amount of the drug involved equals or exceeds	42946
fifty grams and regardless of whether the offense was committed in	42947
the vicinity of a school or in the vicinity of a juvenile,	42948
trafficking in a controlled substance analog is a felony of the	42949
first degree, the offender is a major drug offender, and the court	42950
shall impose as a mandatory prison term the maximum prison term	42951
prescribed for a felony of the first degree.	42952

(D) In addition to any prison term authorized or required by	42953
division (C) of this section and sections 2929.13 and 2929.14 of	42954
the Revised Code, and in addition to any other sanction imposed	42955
for the offense under this section or sections 2929.11 to 2929.18	42956
of the Revised Code, the court that sentences an offender who is	42957
convicted of or pleads guilty to a violation of division (A) of	42958
this section shall do all of the following that are applicable	42959
regarding the offender:	42960

(1) If the violation of division (A) of this section is a	42961
felony of the first, second, or third degree, the court shall	42962
impose upon the offender the mandatory fine specified for the	42963
offense under division (B)(1) of section 2929.18 of the Revised	42964
Code unless, as specified in that division, the court determines	42965
that the offender is indigent. Except as otherwise provided in	42966
division (H)(1) of this section, a mandatory fine or any other	42967
fine imposed for a violation of this section is subject to	42968
division (F) of this section. If a person is charged with a	42969
violation of this section that is a felony of the first, second,	42970
or third degree, posts bail, and forfeits the bail, the clerk of	42971
the court shall pay the forfeited bail pursuant to divisions	42972
(D)(1) and (F) of this section, as if the forfeited bail was a	42973
fine imposed for a violation of this section. If any amount of the	42974
forfeited bail remains after that payment and if a fine is imposed	42975
under division (H)(1) of this section, the clerk of the court	42976
shall pay the remaining amount of the forfeited bail pursuant to	42977
divisions (H)(2) and (3) of this section, as if that remaining	42978
amount was a fine imposed under division (H)(1) of this section.	42979

(2) The court shall suspend the driver's or commercial	42980
driver's license or permit of the offender in accordance with	42981
division (G) of this section.	42982

(3) If the offender is a professionally licensed person, the	42983
court immediately shall comply with section 2925.38 of the Revised	42984
Code.	42985

(E) When a person is charged with the sale of or offer to	42986
sell a bulk amount or a multiple of a bulk amount of a controlled	42987
substance, the jury, or the court trying the accused, shall	42988
determine the amount of the controlled substance involved at the	42989
time of the offense and, if a guilty verdict is returned, shall	42990
return the findings as part of the verdict. In any such case, it	42991
is unnecessary to find and return the exact amount of the	42992
controlled substance involved, and it is sufficient if the finding	42993
and return is to the effect that the amount of the controlled	42994
substance involved is the requisite amount, or that the amount of	42995
the controlled substance involved is less than the requisite	42996
amount.	42997

(F)(1) Notwithstanding any contrary provision of section	42998
3719.21 of the Revised Code and except as provided in division (H)	42999
of this section, the clerk of the court shall pay any mandatory	43000
fine imposed pursuant to division (D)(1) of this section and any	43001
fine other than a mandatory fine that is imposed for a violation	43002
of this section pursuant to division (A) or (B)(5) of section	43003
2929.18 of the Revised Code to the county, township, municipal	43004
corporation, park district, as created pursuant to section 511.18	43005
or 1545.04 of the Revised Code, or state law enforcement agencies	43006
in this state that primarily were responsible for or involved in	43007
making the arrest of, and in prosecuting, the offender. However,	43008
the clerk shall not pay a mandatory fine so imposed to a law	43009
enforcement agency unless the agency has adopted a written	43010
internal control policy under division (F)(2) of this section that	43011
addresses the use of the fine moneys that it receives. Each agency	43012
shall use the mandatory fines so paid to subsidize the agency's	43013
law enforcement efforts that pertain to drug offenses, in	43014
accordance with the written internal control policy adopted by the	43015
recipient agency under division (F)(2) of this section.	43016

(2)~~(a)~~ Prior to receiving any fine moneys under division	43017
(F)(1) of this section or division (B) of section 2925.42 of the	43018
Revised Code, a law enforcement agency shall adopt a written	43019
internal control policy that addresses the agency's use and	43020
disposition of all fine moneys so received and that provides for	43021
the keeping of detailed financial records of the receipts of those	43022
fine moneys, the general types of expenditures made out of those	43023
fine moneys, and the specific amount of each general type of	43024
expenditure. The policy shall not provide for or permit the	43025
identification of any specific expenditure that is made in an	43026
ongoing investigation. All financial records of the receipts of	43027
those fine moneys, the general types of expenditures made out of	43028
those fine moneys, and the specific amount of each general type of	43029
expenditure by an agency are public records open for inspection	43030
under section 149.43 of the Revised Code. Additionally, a written	43031
internal control policy adopted under this division is such a	43032
public record, and the agency that adopted it shall comply with	43033
it.	43034

~~(b) Each law enforcement agency that receives in any calendar~~	43035
~~year any fine moneys under division (F)(1) of this section or~~	43036
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	43037
~~a report covering the calendar year that cumulates all of the~~	43038
~~information contained in all of the public financial records kept~~	43039
~~by the agency pursuant to division (F)(2)(a) of this section for~~	43040
~~that calendar year, and shall send a copy of the cumulative~~	43041
~~report, no later than the first day of March in the calendar year~~	43042
~~following the calendar year covered by the report, to the attorney~~	43043
~~general. Each report received by the attorney general is a public~~	43044
~~record open for inspection under section 149.43 of the Revised~~	43045
~~Code. Not later than the fifteenth day of April in the calendar~~	43046
~~year in which the reports are received, the attorney general shall~~	43047
~~send to the president of the senate and the speaker of the house~~	43048
~~of representatives a written notification that does all of the~~	43049
~~following:~~	43050

~~(i) Indicates that the attorney general has received from law~~	43051
~~enforcement agencies reports of the type described in this~~	43052
~~division that cover the previous calendar year and indicates that~~	43053
~~the reports were received under this division;~~	43054

~~(ii) Indicates that the reports are open for inspection under~~	43055
~~section 149.43 of the Revised Code;~~	43056

~~(iii) Indicates that the attorney general will provide a copy~~	43057
~~of any or all of the reports to the president of the senate or the~~	43058
~~speaker of the house of representatives upon request.~~	43059

(3) As used in division (F) of this section:

43060

(a) "Law enforcement agencies" includes, but is not limited	43061
to, the state board of pharmacy and the office of a prosecutor.	43062

(b) "Prosecutor" has the same meaning as in section 2935.01	43063
of the Revised Code.	43064

(G) When required under division (D)(2) of this section or	43065
any other provision of this chapter, the court shall suspend for	43066
not less than six months or more than five years the driver's or	43067
commercial driver's license or permit of any person who is	43068
convicted of or pleads guilty to any violation of this section or	43069
any other specified provision of this chapter. If an offender's	43070
driver's or commercial driver's license or permit is suspended	43071
pursuant to this division, the offender, at any time after the	43072
expiration of two years from the day on which the offender's	43073
sentence was imposed or from the day on which the offender finally	43074
was released from a prison term under the sentence, whichever is	43075
later, may file a motion with the sentencing court requesting	43076
termination of the suspension; upon the filing of such a motion	43077
and the court's finding of good cause for the termination, the	43078
court may terminate the suspension.	43079

(H)(1) In addition to any prison term authorized or required	43080
by division (C) of this section and sections 2929.13 and 2929.14	43081
of the Revised Code, in addition to any other penalty or sanction	43082
imposed for the offense under this section or sections 2929.11 to	43083
2929.18 of the Revised Code, and in addition to the forfeiture of	43084
property in connection with the offense as prescribed in Chapter	43085
2981. of the Revised Code, the court that sentences an offender	43086
who is convicted of or pleads guilty to a violation of division	43087
(A) of this section may impose upon the offender an additional	43088
fine specified for the offense in division (B)(4) of section	43089
2929.18 of the Revised Code. A fine imposed under division (H)(1)	43090
of this section is not subject to division (F) of this section and	43091
shall be used solely for the support of one or more eligible	43092
~~alcohol and drug~~community addiction ~~programs~~services provider in	43093
accordance with divisions (H)(2) and (3) of this section.	43094

(2) The court that imposes a fine under division (H)(1) of	43095
this section shall specify in the judgment that imposes the fine	43096
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	43097
services provider for the support of which the fine money is to be	43098
used. No ~~alcohol and drug~~community addiction ~~program~~services	43099
provider shall receive or use money paid or collected in	43100
satisfaction of a fine imposed under division (H)(1) of this	43101
section unless the ~~program~~services provider is specified in the	43102
judgment that imposes the fine. No ~~alcohol and drug~~community	43103
addiction ~~program~~services provider shall be specified in the	43104
judgment unless the ~~program~~services provider is an eligible	43105
~~alcohol and drug~~community addiction ~~program~~services provider	43106
and, except as otherwise provided in division (H)(2) of this	43107
section, unless the ~~program~~services provider is located in the	43108
county in which the court that imposes the fine is located or in a	43109
county that is immediately contiguous to the county in which that	43110
court is located. If no eligible ~~alcohol and drug~~community	43111
addiction ~~program~~services provider is located in any of those	43112
counties, the judgment may specify an eligible ~~alcohol and drug~~	43113
community addiction ~~program~~services provider that is located	43114
anywhere within this state.	43115

(3) Notwithstanding any contrary provision of section 3719.21	43116
of the Revised Code, the clerk of the court shall pay any fine	43117
imposed under division (H)(1) of this section to the eligible	43118
~~alcohol and drug~~community addiction ~~program~~services provider	43119
specified pursuant to division (H)(2) of this section in the	43120
judgment. The eligible ~~alcohol and drug~~community addiction	43121
~~program~~services provider that receives the fine moneys shall use	43122
the moneys only for the alcohol and drug addiction services	43123
identified in the application for certification under section	43124
~~3793.06~~5119.36 of the Revised Code or in the application for a	43125
license under section ~~3793.11~~5119.39 of the Revised Code filed	43126
with the department of ~~alcohol and drug addiction services~~mental	43127
health and addiction services by the ~~alcohol and drug~~community	43128
addiction ~~program~~services provider specified in the judgment.	43129

(4) Each ~~alcohol and drug~~community addiction ~~program~~	43130
services provider that receives in a calendar year any fine moneys	43131
under division (H)(3) of this section shall file an annual report	43132
covering that calendar year with the court of common pleas and the	43133
board of county commissioners of the county in which the ~~program~~	43134
services provider is located, with the court of common pleas and	43135
the board of county commissioners of each county from which the	43136
~~program~~services provider received the moneys if that county is	43137
different from the county in which the ~~program~~services provider	43138
is located, and with the attorney general. The ~~alcohol and drug~~	43139
community addiction ~~program~~services provider shall file the	43140
report no later than the first day of March in the calendar year	43141
following the calendar year in which the ~~program~~services provider	43142
received the fine moneys. The report shall include statistics on	43143
the number of persons served by the ~~alcohol and drug~~community	43144
addiction ~~program~~services provider, identify the types of alcohol	43145
and drug addiction services provided to those persons, and include	43146
a specific accounting of the purposes for which the fine moneys	43147
received were used. No information contained in the report shall	43148
identify, or enable a person to determine the identity of, any	43149
person served by the ~~alcohol and drug~~community addiction ~~program~~	43150
services provider. Each report received by a court of common	43151
pleas, a board of county commissioners, or the attorney general is	43152
a public record open for inspection under section 149.43 of the	43153
Revised Code.	43154

(5) As used in divisions (H)(1) to (5) of this section:

43155

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	43156
provider" and "alcohol and drug addiction services" have the same	43157
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	43158

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	43159
services provider" means ~~an alcohol and drug~~a community addiction	43160
~~program~~services provider that is certified under section ~~3793.06~~	43161
5119.36 of the Revised Code or licensed under section ~~3793.11~~	43162
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	43163
~~addiction services~~mental health and addiction services.	43164

(I) As used in this section, "drug" includes any substance	43165
that is represented to be a drug.	43166

(J) It is an affirmative defense to a charge of trafficking	43167
in a controlled substance analog under division (C)(8) of this	43168
section that the person charged with violating that offense sold	43169
or offered to sell, or prepared for shipment, shipped,	43170
transported, delivered, prepared for distribution, or distributed	43171
an item described in division (HH)(2)(a), (b), or (c) of section	43172
3719.01 of the Revised Code.	43173

Sec. 2929.15. (A)(1) If in sentencing an offender for a	43174
felony the court is not required to impose a prison term, a	43175
mandatory prison term, or a term of life imprisonment upon the	43176
offender, the court may directly impose a sentence that consists	43177
of one or more community control sanctions authorized pursuant to	43178
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	43179
court is sentencing an offender for a fourth degree felony OVI	43180
offense under division (G)(1) of section 2929.13 of the Revised	43181
Code, in addition to the mandatory term of local incarceration	43182
imposed under that division and the mandatory fine required by	43183
division (B)(3) of section 2929.18 of the Revised Code, the court	43184
may impose upon the offender a community control sanction or	43185
combination of community control sanctions in accordance with	43186
sections 2929.16 and 2929.17 of the Revised Code. If the court is	43187
sentencing an offender for a third or fourth degree felony OVI	43188
offense under division (G)(2) of section 2929.13 of the Revised	43189
Code, in addition to the mandatory prison term or mandatory prison	43190
term and additional prison term imposed under that division, the	43191
court also may impose upon the offender a community control	43192
sanction or combination of community control sanctions under	43193
section 2929.16 or 2929.17 of the Revised Code, but the offender	43194
shall serve all of the prison terms so imposed prior to serving	43195
the community control sanction.	43196

The duration of all community control sanctions imposed upon	43197
an offender under this division shall not exceed five years. If	43198
the offender absconds or otherwise leaves the jurisdiction of the	43199
court in which the offender resides without obtaining permission	43200
from the court or the offender's probation officer to leave the	43201
jurisdiction of the court, or if the offender is confined in any	43202
institution for the commission of any offense while under a	43203
community control sanction, the period of the community control	43204
sanction ceases to run until the offender is brought before the	43205
court for its further action. If the court sentences the offender	43206
to one or more nonresidential sanctions under section 2929.17 of	43207
the Revised Code, the court shall impose as a condition of the	43208
nonresidential sanctions that, during the period of the sanctions,	43209
the offender must abide by the law and must not leave the state	43210
without the permission of the court or the offender's probation	43211
officer. The court may impose any other conditions of release	43212
under a community control sanction that the court considers	43213
appropriate, including, but not limited to, requiring that the	43214
offender not ingest or be injected with a drug of abuse and submit	43215
to random drug testing as provided in division (D) of this section	43216
to determine whether the offender ingested or was injected with a	43217
drug of abuse and requiring that the results of the drug test	43218
indicate that the offender did not ingest or was not injected with	43219
a drug of abuse.	43220

(2)(a) If a court sentences an offender to any community	43221
control sanction or combination of community control sanctions	43222
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	43223
Revised Code, the court shall place the offender under the general	43224
control and supervision of a department of probation in the county	43225
that serves the court for purposes of reporting to the court a	43226
violation of any condition of the sanctions, any condition of	43227
release under a community control sanction imposed by the court, a	43228
violation of law, or the departure of the offender from this state	43229
without the permission of the court or the offender's probation	43230
officer. Alternatively, if the offender resides in another county	43231
and a county department of probation has been established in that	43232
county or that county is served by a multicounty probation	43233
department established under section 2301.27 of the Revised Code,	43234
the court may request the court of common pleas of that county to	43235
receive the offender into the general control and supervision of	43236
that county or multicounty department of probation for purposes of	43237
reporting to the court a violation of any condition of the	43238
sanctions, any condition of release under a community control	43239
sanction imposed by the court, a violation of law, or the	43240
departure of the offender from this state without the permission	43241
of the court or the offender's probation officer, subject to the	43242
jurisdiction of the trial judge over and with respect to the	43243
person of the offender, and to the rules governing that department	43244
of probation.	43245

If there is no department of probation in the county that	43246
serves the court, the court shall place the offender, regardless	43247
of the offender's county of residence, under the general control	43248
and supervision of the adult parole authority for purposes of	43249
reporting to the court a violation of any of the sanctions, any	43250
condition of release under a community control sanction imposed by	43251
the court, a violation of law, or the departure of the offender	43252
from this state without the permission of the court or the	43253
offender's probation officer.	43254

(b) If the court imposing sentence upon an offender sentences	43255
the offender to any community control sanction or combination of	43256
community control sanctions authorized pursuant to section	43257
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	43258
offender violates any condition of the sanctions, any condition of	43259
release under a community control sanction imposed by the court,	43260
violates any law, or departs the state without the permission of	43261
the court or the offender's probation officer, the public or	43262
private person or entity that operates or administers the sanction	43263
or the program or activity that comprises the sanction shall	43264
report the violation or departure directly to the sentencing	43265
court, or shall report the violation or departure to the county or	43266
multicounty department of probation with general control and	43267
supervision over the offender under division (A)(2)(a) of this	43268
section or the officer of that department who supervises the	43269
offender, or, if there is no such department with general control	43270
and supervision over the offender under that division, to the	43271
adult parole authority. If the public or private person or entity	43272
that operates or administers the sanction or the program or	43273
activity that comprises the sanction reports the violation or	43274
departure to the county or multicounty department of probation or	43275
the adult parole authority, the department's or authority's	43276
officers may treat the offender as if the offender were on	43277
probation and in violation of the probation, and shall report the	43278
violation of the condition of the sanction, any condition of	43279
release under a community control sanction imposed by the court,	43280
the violation of law, or the departure from the state without the	43281
required permission to the sentencing court.	43282

(3) If an offender who is eligible for community control	43283
sanctions under this section admits to being drug addicted or the	43284
court has reason to believe that the offender is drug addicted,	43285
and if the offense for which the offender is being sentenced was	43286
related to the addiction, the court may require that the offender	43287
be assessed by a properly credentialed professional within a	43288
specified period of time and shall require the professional to	43289
file a written assessment of the offender with the court. If a	43290
court imposes treatment and recovery support services as a	43291
community control sanction, the court shall direct the level and	43292
type of treatment and recovery support services after	43293
consideration of the written assessment, if available at the time	43294
of sentencing, and recommendations of the professional and other	43295
treatment and recovery support services providers.	43296

(4) If an assessment completed pursuant to division (A)(3) of	43297
this section indicates that the offender is addicted to drugs or	43298
alcohol, the court may include in any community control sanction	43299
imposed for a violation of section 2925.02, 2925.03, 2925.04,	43300
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	43301
2925.37 of the Revised Code a requirement that the offender	43302
participate in a treatment and recovery support services program	43303
certified under section ~~3793.06~~5119.36 of the Revised Code or	43304
offered by another properly credentialed ~~program~~community	43305
addiction services provider.	43306

(B)(1) If the conditions of a community control sanction are	43307
violated or if the offender violates a law or leaves the state	43308
without the permission of the court or the offender's probation	43309
officer, the sentencing court may impose upon the violator one or	43310
more of the following penalties:	43311

(a) A longer time under the same sanction if the total time	43312
under the sanctions does not exceed the five-year limit specified	43313
in division (A) of this section;	43314

(b) A more restrictive sanction under section 2929.16,	43315
2929.17, or 2929.18 of the Revised Code;	43316

(c) A prison term on the offender pursuant to section 2929.14	43317
of the Revised Code.	43318

(2) The prison term, if any, imposed upon a violator pursuant	43319
to this division shall be within the range of prison terms	43320
available for the offense for which the sanction that was violated	43321
was imposed and shall not exceed the prison term specified in the	43322
notice provided to the offender at the sentencing hearing pursuant	43323
to division (B)(2) of section 2929.19 of the Revised Code. The	43324
court may reduce the longer period of time that the offender is	43325
required to spend under the longer sanction, the more restrictive	43326
sanction, or a prison term imposed pursuant to this division by	43327
the time the offender successfully spent under the sanction that	43328
was initially imposed.	43329

(C) If an offender, for a significant period of time,	43330
fulfills the conditions of a sanction imposed pursuant to section	43331
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	43332
manner, the court may reduce the period of time under the sanction	43333
or impose a less restrictive sanction, but the court shall not	43334
permit the offender to violate any law or permit the offender to	43335
leave the state without the permission of the court or the	43336
offender's probation officer.	43337

(D)(1) If a court under division (A)(1) of this section	43338
imposes a condition of release under a community control sanction	43339
that requires the offender to submit to random drug testing, the	43340
department of probation or the adult parole authority that has	43341
general control and supervision of the offender under division	43342
(A)(2)(a) of this section may cause the offender to submit to	43343
random drug testing performed by a laboratory or entity that has	43344
entered into a contract with any of the governmental entities or	43345
officers authorized to enter into a contract with that laboratory	43346
or entity under section 341.26, 753.33, or 5120.63 of the Revised	43347
Code.	43348

(2) If no laboratory or entity described in division (D)(1)	43349
of this section has entered into a contract as specified in that	43350
division, the department of probation or the adult parole	43351
authority that has general control and supervision of the offender	43352
under division (A)(2)(a) of this section shall cause the offender	43353
to submit to random drug testing performed by a reputable public	43354
laboratory to determine whether the individual who is the subject	43355
of the drug test ingested or was injected with a drug of abuse.	43356

(3) A laboratory or entity that has entered into a contract	43357
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	43358
shall perform the random drug tests under division (D)(1) of this	43359
section in accordance with the applicable standards that are	43360
included in the terms of that contract. A public laboratory shall	43361
perform the random drug tests under division (D)(2) of this	43362
section in accordance with the standards set forth in the policies	43363
and procedures established by the department of rehabilitation and	43364
correction pursuant to section 5120.63 of the Revised Code. An	43365
offender who is required under division (A)(1) of this section to	43366
submit to random drug testing as a condition of release under a	43367
community control sanction and whose test results indicate that	43368
the offender ingested or was injected with a drug of abuse shall	43369
pay the fee for the drug test if the department of probation or	43370
the adult parole authority that has general control and	43371
supervision of the offender requires payment of a fee. A	43372
laboratory or entity that performs the random drug testing on an	43373
offender under division (D)(1) or (2) of this section shall	43374
transmit the results of the drug test to the appropriate	43375
department of probation or the adult parole authority that has	43376
general control and supervision of the offender under division	43377
(A)(2)(a) of this section.	43378

Sec. 2930.01. As used in this chapter:

43379

(A) "Crime" means any of the following:

43380

(1) A felony;

43381

(2) A violation of section 2903.05, 2903.06, 2903.13,	43382
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	43383
Revised Code, a violation of section 2903.07 of the Revised Code	43384
as it existed prior to March 23, 2000, or a violation of a	43385
substantially equivalent municipal ordinance;	43386

(3) A violation of division (A) or (B) of section 4511.19,	43387
division (A) or (B) of section 1547.11, or division (A)(3) of	43388
section 4561.15 of the Revised Code or of a municipal ordinance	43389
substantially similar to any of those divisions that is the	43390
proximate cause of a vehicle, streetcar, trackless trolley,	43391
aquatic device, or aircraft accident in which the victim receives	43392
injuries for which the victim receives medical treatment either at	43393
the scene of the accident by emergency medical services personnel	43394
or at a hospital, ambulatory care facility, physician's office,	43395
specialist's office, or other medical care facility.	43396

(4) A motor vehicle accident to which both of the following	43397
apply:	43398

(a) The motor vehicle accident is caused by a violation of a	43399
provision of the Revised Code that is a misdemeanor of the first	43400
degree or higher.	43401

(b) As a result of the motor vehicle accident, the victim	43402
receives injuries for which the victim receives medical treatment	43403
either at the scene of the accident by emergency medical services	43404
personnel or at a hospital, ambulatory care facility, physician's	43405
office, specialist's office, or other medical care facility.	43406

(B) "Custodial agency" means one of the following:

43407

(1) The entity that has custody of a defendant or an alleged	43408
juvenile offender who is incarcerated for a crime, is under	43409
detention for the commission of a specified delinquent act, or who	43410
is detained after a finding of incompetence to stand trial or not	43411
guilty by reason of insanity relative to a crime, including any of	43412
the following:	43413

(a) The department of rehabilitation and correction or the	43414
adult parole authority;	43415

(b) A county sheriff;

43416

(c) The entity that administers a jail, as defined in section	43417
2929.01 of the Revised Code;	43418

(d) The entity that administers a community-based	43419
correctional facility and program or a district community-based	43420
correctional facility and program;	43421

(e) The department of ~~mental health~~mental health and	43422
addiction services or other entity to which a defendant found	43423
incompetent to stand trial or not guilty by reason of insanity is	43424
committed.	43425

(2) The entity that has custody of an alleged juvenile	43426
offender pursuant to an order of disposition of a juvenile court,	43427
including the department of youth services or a school, camp,	43428
institution, or other facility operated for the care of delinquent	43429
children.	43430

(C) "Defendant" means a person who is alleged to be the	43431
perpetrator of a crime in a police report or in a complaint,	43432
indictment, or information that charges the commission of a crime	43433
and that provides the basis for the criminal prosecution and	43434
subsequent proceedings to which this chapter makes reference.	43435

(D) "Member of the victim's family" means a spouse, child,	43436
stepchild, sibling, parent, stepparent, grandparent, or other	43437
relative of a victim but does not include a person who is charged	43438
with, convicted of, or adjudicated to be a delinquent child for	43439
the crime or specified delinquent act against the victim or	43440
another crime or specified delinquent act arising from the same	43441
conduct, criminal episode, or plan.	43442

(E) "Prosecutor" means one of the following:

43443

(1) With respect to a criminal case, it has the same meaning	43444
as in section 2935.01 of the Revised Code and also includes the	43445
attorney general and, when appropriate, the employees of any	43446
person listed in section 2935.01 of the Revised Code or of the	43447
attorney general.	43448

(2) With respect to a delinquency proceeding, it includes any	43449
person listed in division (C) of section 2935.01 of the Revised	43450
Code or an employee of a person listed in that division who	43451
prosecutes a delinquency proceeding.	43452

(F) "Public agency" means an office, agency, department,	43453
bureau, or other governmental entity of the state or of a	43454
political subdivision of the state.	43455

(G) "Public official" has the same meaning as in section	43456
2921.01 of the Revised Code.	43457

(H) "Victim" means either of the following:

43458

(1) A person who is identified as the victim of a crime or	43459
specified delinquent act in a police report or in a complaint,	43460
indictment, or information that charges the commission of a crime	43461
and that provides the basis for the criminal prosecution or	43462
delinquency proceeding and subsequent proceedings to which this	43463
chapter makes reference.	43464

(2) A person who receives injuries as a result of a vehicle,	43465
streetcar, trackless trolley, aquatic device, or aircraft accident	43466
that is proximately caused by a violation described in division	43467
(A)(3) of this section or a motor vehicle accident that is	43468
proximately caused by a violation described in division (A)(4) of	43469
this section and who receives medical treatment as described in	43470
division (A)(3) or (4) of this section, whichever is applicable.	43471

(I) "Victim's representative" means a member of the victim's	43472
family or another person who pursuant to the authority of section	43473
2930.02 of the Revised Code exercises the rights of a victim under	43474
this chapter.	43475

(J) "Court" means a court of common pleas, juvenile court,	43476
municipal court, or county court.	43477

(K) "Delinquency proceeding" means all proceedings in a	43478
juvenile court that are related to a case in which a complaint has	43479
been filed alleging that a child is a delinquent child.	43480

(L) "Case" means a delinquency proceeding and all related	43481
activity or a criminal prosecution and all related activity.	43482

(M) The "defense" means the defense against criminal charges	43483
in a criminal prosecution or the defense against a delinquent	43484
child complaint in a delinquency proceeding.	43485

(N) The "prosecution" means the prosecution of criminal	43486
charges in a criminal prosecution or the prosecution of a	43487
delinquent child complaint in a delinquency proceeding.	43488

(O) "Specified delinquent act" means any of the following:

43489

(1) An act committed by a child that if committed by an adult	43490
would be a felony;	43491

(2) An act committed by a child that is a violation of a	43492
section listed in division (A)(1) or (2) of this section or is a	43493
violation of a substantially equivalent municipal ordinance;	43494

(3) An act committed by a child that is described in division	43495
(A)(3) or (4) of this section.	43496

(P)(1) "Alleged juvenile offender" means a child who is	43497
alleged to have committed a specified delinquent act in a police	43498
report or in a complaint in juvenile court that charges the	43499
commission of a specified delinquent act and that provides the	43500
basis for the delinquency proceeding and all subsequent	43501
proceedings to which this chapter makes reference.	43502

(2) As used in divisions (O) and (P)(1) of this section,	43503
"child" has the same meaning as in section 2151.011 of the Revised	43504
Code.	43505

(Q) "Motor vehicle accident" means any accident involving a	43506
motor vehicle.	43507

(R) "Motor vehicle" has the same meaning as in section	43508
4509.01 of the Revised Code.	43509

(S) "Aircraft" has the same meaning as in section 4561.01 of	43510
the Revised Code.	43511

(T) "Aquatic device" means any vessel, or any water skis,	43512
aquaplane, or similar device.	43513

(U) "Vehicle," "streetcar," and "trackless trolley" have the	43514
same meanings as in section 4511.01 of the Revised Code.	43515

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	43516
or aircraft accident" means any accident involving a vehicle,	43517
streetcar, trackless trolley, aquatic device, or aircraft.	43518

(W) "Vessel" has the same meaning as in section 1547.01 of	43519
the Revised Code.	43520

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	43521
deputy marshal, municipal police officer, township constable,	43522
police officer of a township or joint police district, member of a	43523
police force employed by a metropolitan housing authority under	43524
division (D) of section 3735.31 of the Revised Code, member of a	43525
police force employed by a regional transit authority under	43526
division (Y) of section 306.35 of the Revised Code, state	43527
university law enforcement officer appointed under section 3345.04	43528
of the Revised Code, veterans' home police officer appointed under	43529
section 5907.02 of the Revised Code, special police officer	43530
employed by a port authority under section 4582.04 or 4582.28 of	43531
the Revised Code, or a special police officer employed by a	43532
municipal corporation at a municipal airport, or other municipal	43533
air navigation facility, that has scheduled operations, as defined	43534
in section 119.3 of Title 14 of the Code of Federal Regulations,	43535
14 C.F.R. 119.3, as amended, and that is required to be under a	43536
security program and is governed by aviation security rules of the	43537
transportation security administration of the United States	43538
department of transportation as provided in Parts 1542. and 1544.	43539
of Title 49 of the Code of Federal Regulations, as amended, shall	43540
arrest and detain, until a warrant can be obtained, a person found	43541
violating, within the limits of the political subdivision,	43542
metropolitan housing authority housing project, regional transit	43543
authority facilities or areas of a municipal corporation that have	43544
been agreed to by a regional transit authority and a municipal	43545
corporation located within its territorial jurisdiction, college,	43546
university, veterans' home operated under Chapter 5907. of the	43547
Revised Code, port authority, or municipal airport or other	43548
municipal air navigation facility, in which the peace officer is	43549
appointed, employed, or elected, a law of this state, an ordinance	43550
of a municipal corporation, or a resolution of a township.	43551

(2) A peace officer of the department of natural resources, a	43552
state fire marshal law enforcement officer described in division	43553
(A)(23) of section 109.71 of the Revised Code, or an individual	43554
designated to perform law enforcement duties under section	43555
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	43556
detain, until a warrant can be obtained, a person found violating,	43557
within the limits of the peace officer's, state fire marshal law	43558
enforcement officer's, or individual's territorial jurisdiction, a	43559
law of this state.	43560

(3) The house sergeant at arms, if the house sergeant at arms	43561
has arrest authority pursuant to division (E)(1) of section	43562
101.311 of the Revised Code, and an assistant house sergeant at	43563
arms shall arrest and detain, until a warrant can be obtained, a	43564
person found violating, within the limits of the sergeant at	43565
arms's or assistant sergeant at arms's territorial jurisdiction	43566
specified in division (D)(1)(a) of section 101.311 of the Revised	43567
Code or while providing security pursuant to division (D)(1)(f) of	43568
section 101.311 of the Revised Code, a law of this state, an	43569
ordinance of a municipal corporation, or a resolution of a	43570
township.	43571

(4) The senate sergeant at arms and an assistant senate	43572
sergeant at arms shall arrest and detain, until a warrant can be	43573
obtained, a person found violating, within the limits of the	43574
sergeant at arms's or assistant sergeant at arms's territorial	43575
jurisdiction specified in division (B) of section 101.312 of the	43576
Revised Code, a law of this state, an ordinance of a municipal	43577
corporation, or a resolution of a township.	43578

(B)(1) When there is reasonable ground to believe that an	43579
offense of violence, the offense of criminal child enticement as	43580
defined in section 2905.05 of the Revised Code, the offense of	43581
public indecency as defined in section 2907.09 of the Revised	43582
Code, the offense of domestic violence as defined in section	43583
2919.25 of the Revised Code, the offense of violating a protection	43584
order as defined in section 2919.27 of the Revised Code, the	43585
offense of menacing by stalking as defined in section 2903.211 of	43586
the Revised Code, the offense of aggravated trespass as defined in	43587
section 2911.211 of the Revised Code, a theft offense as defined	43588
in section 2913.01 of the Revised Code, or a felony drug abuse	43589
offense as defined in section 2925.01 of the Revised Code, has	43590
been committed within the limits of the political subdivision,	43591
metropolitan housing authority housing project, regional transit	43592
authority facilities or those areas of a municipal corporation	43593
that have been agreed to by a regional transit authority and a	43594
municipal corporation located within its territorial jurisdiction,	43595
college, university, veterans' home operated under Chapter 5907.	43596
of the Revised Code, port authority, or municipal airport or other	43597
municipal air navigation facility, in which the peace officer is	43598
appointed, employed, or elected or within the limits of the	43599
territorial jurisdiction of the peace officer, a peace officer	43600
described in division (A) of this section may arrest and detain	43601
until a warrant can be obtained any person who the peace officer	43602
has reasonable cause to believe is guilty of the violation.	43603

(2) For purposes of division (B)(1) of this section, the	43604
execution of any of the following constitutes reasonable ground to	43605
believe that the offense alleged in the statement was committed	43606
and reasonable cause to believe that the person alleged in the	43607
statement to have committed the offense is guilty of the	43608
violation:	43609

(a) A written statement by a person alleging that an alleged	43610
offender has committed the offense of menacing by stalking or	43611
aggravated trespass;	43612

(b) A written statement by the administrator of the	43613
interstate compact on mental health appointed under section	43614
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	43615
been hospitalized, institutionalized, or confined in any facility	43616
under an order made pursuant to or under authority of section	43617
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43618
2945.402 of the Revised Code has escaped from the facility, from	43619
confinement in a vehicle for transportation to or from the	43620
facility, or from supervision by an employee of the facility that	43621
is incidental to hospitalization, institutionalization, or	43622
confinement in the facility and that occurs outside of the	43623
facility, in violation of section 2921.34 of the Revised Code;	43624

(c) A written statement by the administrator of any facility	43625
in which a person has been hospitalized, institutionalized, or	43626
confined under an order made pursuant to or under authority of	43627
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43628
2945.402 of the Revised Code alleging that the person has escaped	43629
from the facility, from confinement in a vehicle for	43630
transportation to or from the facility, or from supervision by an	43631
employee of the facility that is incidental to hospitalization,	43632
institutionalization, or confinement in the facility and that	43633
occurs outside of the facility, in violation of section 2921.34 of	43634
the Revised Code.	43635

(3)(a) For purposes of division (B)(1) of this section, a	43636
peace officer described in division (A) of this section has	43637
reasonable grounds to believe that the offense of domestic	43638
violence or the offense of violating a protection order has been	43639
committed and reasonable cause to believe that a particular person	43640
is guilty of committing the offense if any of the following	43641
occurs:	43642

(i) A person executes a written statement alleging that the	43643
person in question has committed the offense of domestic violence	43644
or the offense of violating a protection order against the person	43645
who executes the statement or against a child of the person who	43646
executes the statement.	43647

(ii) No written statement of the type described in division	43648
(B)(3)(a)(i) of this section is executed, but the peace officer,	43649
based upon the peace officer's own knowledge and observation of	43650
the facts and circumstances of the alleged incident of the offense	43651
of domestic violence or the alleged incident of the offense of	43652
violating a protection order or based upon any other information,	43653
including, but not limited to, any reasonably trustworthy	43654
information given to the peace officer by the alleged victim of	43655
the alleged incident of the offense or any witness of the alleged	43656
incident of the offense, concludes that there are reasonable	43657
grounds to believe that the offense of domestic violence or the	43658
offense of violating a protection order has been committed and	43659
reasonable cause to believe that the person in question is guilty	43660
of committing the offense.	43661

(iii) No written statement of the type described in division	43662
(B)(3)(a)(i) of this section is executed, but the peace officer	43663
witnessed the person in question commit the offense of domestic	43664
violence or the offense of violating a protection order.	43665

(b) If pursuant to division (B)(3)(a) of this section a peace	43666
officer has reasonable grounds to believe that the offense of	43667
domestic violence or the offense of violating a protection order	43668
has been committed and reasonable cause to believe that a	43669
particular person is guilty of committing the offense, it is the	43670
preferred course of action in this state that the officer arrest	43671
and detain that person pursuant to division (B)(1) of this section	43672
until a warrant can be obtained.	43673

If pursuant to division (B)(3)(a) of this section a peace	43674
officer has reasonable grounds to believe that the offense of	43675
domestic violence or the offense of violating a protection order	43676
has been committed and reasonable cause to believe that family or	43677
household members have committed the offense against each other,	43678
it is the preferred course of action in this state that the	43679
officer, pursuant to division (B)(1) of this section, arrest and	43680
detain until a warrant can be obtained the family or household	43681
member who committed the offense and whom the officer has	43682
reasonable cause to believe is the primary physical aggressor.	43683
There is no preferred course of action in this state regarding any	43684
other family or household member who committed the offense and	43685
whom the officer does not have reasonable cause to believe is the	43686
primary physical aggressor, but, pursuant to division (B)(1) of	43687
this section, the peace officer may arrest and detain until a	43688
warrant can be obtained any other family or household member who	43689
committed the offense and whom the officer does not have	43690
reasonable cause to believe is the primary physical aggressor.	43691

(c) If a peace officer described in division (A) of this	43692
section does not arrest and detain a person whom the officer has	43693
reasonable cause to believe committed the offense of domestic	43694
violence or the offense of violating a protection order when it is	43695
the preferred course of action in this state pursuant to division	43696
(B)(3)(b) of this section that the officer arrest that person, the	43697
officer shall articulate in the written report of the incident	43698
required by section 2935.032 of the Revised Code a clear statement	43699
of the officer's reasons for not arresting and detaining that	43700
person until a warrant can be obtained.	43701

(d) In determining for purposes of division (B)(3)(b) of this	43702
section which family or household member is the primary physical	43703
aggressor in a situation in which family or household members have	43704
committed the offense of domestic violence or the offense of	43705
violating a protection order against each other, a peace officer	43706
described in division (A) of this section, in addition to any	43707
other relevant circumstances, should consider all of the	43708
following:	43709

(i) Any history of domestic violence or of any other violent	43710
acts by either person involved in the alleged offense that the	43711
officer reasonably can ascertain;	43712

(ii) If violence is alleged, whether the alleged violence was	43713
caused by a person acting in self-defense;	43714

(iii) Each person's fear of physical harm, if any, resulting	43715
from the other person's threatened use of force against any person	43716
or resulting from the other person's use or history of the use of	43717
force against any person, and the reasonableness of that fear;	43718

(iv) The comparative severity of any injuries suffered by the	43719
persons involved in the alleged offense.	43720

(e)(i) A peace officer described in division (A) of this	43721
section shall not require, as a prerequisite to arresting or	43722
charging a person who has committed the offense of domestic	43723
violence or the offense of violating a protection order, that the	43724
victim of the offense specifically consent to the filing of	43725
charges against the person who has committed the offense or sign a	43726
complaint against the person who has committed the offense.	43727

(ii) If a person is arrested for or charged with committing	43728
the offense of domestic violence or the offense of violating a	43729
protection order and if the victim of the offense does not	43730
cooperate with the involved law enforcement or prosecuting	43731
authorities in the prosecution of the offense or, subsequent to	43732
the arrest or the filing of the charges, informs the involved law	43733
enforcement or prosecuting authorities that the victim does not	43734
wish the prosecution of the offense to continue or wishes to drop	43735
charges against the alleged offender relative to the offense, the	43736
involved prosecuting authorities, in determining whether to	43737
continue with the prosecution of the offense or whether to dismiss	43738
charges against the alleged offender relative to the offense and	43739
notwithstanding the victim's failure to cooperate or the victim's	43740
wishes, shall consider all facts and circumstances that are	43741
relevant to the offense, including, but not limited to, the	43742
statements and observations of the peace officers who responded to	43743
the incident that resulted in the arrest or filing of the charges	43744
and of all witnesses to that incident.	43745

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	43746
this section whether to arrest a person pursuant to division	43747
(B)(1) of this section, a peace officer described in division (A)	43748
of this section shall not consider as a factor any possible	43749
shortage of cell space at the detention facility to which the	43750
person will be taken subsequent to the person's arrest or any	43751
possibility that the person's arrest might cause, contribute to,	43752
or exacerbate overcrowding at that detention facility or at any	43753
other detention facility.	43754

(g) If a peace officer described in division (A) of this	43755
section intends pursuant to divisions (B)(3)(a) to (g) of this	43756
section to arrest a person pursuant to division (B)(1) of this	43757
section and if the officer is unable to do so because the person	43758
is not present, the officer promptly shall seek a warrant for the	43759
arrest of the person.	43760

(h) If a peace officer described in division (A) of this	43761
section responds to a report of an alleged incident of the offense	43762
of domestic violence or an alleged incident of the offense of	43763
violating a protection order and if the circumstances of the	43764
incident involved the use or threatened use of a deadly weapon or	43765
any person involved in the incident brandished a deadly weapon	43766
during or in relation to the incident, the deadly weapon that was	43767
used, threatened to be used, or brandished constitutes contraband,	43768
and, to the extent possible, the officer shall seize the deadly	43769
weapon as contraband pursuant to Chapter 2981. of the Revised	43770
Code. Upon the seizure of a deadly weapon pursuant to division	43771
(B)(3)(h) of this section, section 2981.12 of the Revised Code	43772
shall apply regarding the treatment and disposition of the deadly	43773
weapon. For purposes of that section, the "underlying criminal	43774
offense" that was the basis of the seizure of a deadly weapon	43775
under division (B)(3)(h) of this section and to which the deadly	43776
weapon had a relationship is any of the following that is	43777
applicable:	43778

(i) The alleged incident of the offense of domestic violence	43779
or the alleged incident of the offense of violating a protection	43780
order to which the officer who seized the deadly weapon responded;	43781

(ii) Any offense that arose out of the same facts and	43782
circumstances as the report of the alleged incident of the offense	43783
of domestic violence or the alleged incident of the offense of	43784
violating a protection order to which the officer who seized the	43785
deadly weapon responded.	43786

(4) If, in the circumstances described in divisions (B)(3)(a)	43787
to (g) of this section, a peace officer described in division (A)	43788
of this section arrests and detains a person pursuant to division	43789
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	43790
this section, a peace officer described in division (A) of this	43791
section seizes a deadly weapon, the officer, to the extent	43792
described in and in accordance with section 9.86 or 2744.03 of the	43793
Revised Code, is immune in any civil action for damages for	43794
injury, death, or loss to person or property that arises from or	43795
is related to the arrest and detention or the seizure.	43796

(C) When there is reasonable ground to believe that a	43797
violation of division (A)(1), (2), (3), (4), or (5) of section	43798
4506.15 or a violation of section 4511.19 of the Revised Code has	43799
been committed by a person operating a motor vehicle subject to	43800
regulation by the public utilities commission of Ohio under Title	43801
XLIX of the Revised Code, a peace officer with authority to	43802
enforce that provision of law may stop or detain the person whom	43803
the officer has reasonable cause to believe was operating the	43804
motor vehicle in violation of the division or section and, after	43805
investigating the circumstances surrounding the operation of the	43806
vehicle, may arrest and detain the person.	43807

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	43808
municipal police officer, member of a police force employed by a	43809
metropolitan housing authority under division (D) of section	43810
3735.31 of the Revised Code, member of a police force employed by	43811
a regional transit authority under division (Y) of section 306.35	43812
of the Revised Code, special police officer employed by a port	43813
authority under section 4582.04 or 4582.28 of the Revised Code,	43814
special police officer employed by a municipal corporation at a	43815
municipal airport or other municipal air navigation facility	43816
described in division (A) of this section, township constable,	43817
police officer of a township or joint police district, state	43818
university law enforcement officer appointed under section 3345.04	43819
of the Revised Code, peace officer of the department of natural	43820
resources, individual designated to perform law enforcement duties	43821
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	43822
the house sergeant at arms if the house sergeant at arms has	43823
arrest authority pursuant to division (E)(1) of section 101.311 of	43824
the Revised Code, or an assistant house sergeant at arms is	43825
authorized by division (A) or (B) of this section to arrest and	43826
detain, within the limits of the political subdivision,	43827
metropolitan housing authority housing project, regional transit	43828
authority facilities or those areas of a municipal corporation	43829
that have been agreed to by a regional transit authority and a	43830
municipal corporation located within its territorial jurisdiction,	43831
port authority, municipal airport or other municipal air	43832
navigation facility, college, or university in which the officer	43833
is appointed, employed, or elected or within the limits of the	43834
territorial jurisdiction of the peace officer, a person until a	43835
warrant can be obtained, the peace officer, outside the limits of	43836
that territory, may pursue, arrest, and detain that person until a	43837
warrant can be obtained if all of the following apply:	43838

(1) The pursuit takes place without unreasonable delay after	43839
the offense is committed;	43840

(2) The pursuit is initiated within the limits of the	43841
political subdivision, metropolitan housing authority housing	43842
project, regional transit authority facilities or those areas of a	43843
municipal corporation that have been agreed to by a regional	43844
transit authority and a municipal corporation located within its	43845
territorial jurisdiction, port authority, municipal airport or	43846
other municipal air navigation facility, college, or university in	43847
which the peace officer is appointed, employed, or elected or	43848
within the limits of the territorial jurisdiction of the peace	43849
officer;	43850

(3) The offense involved is a felony, a misdemeanor of the	43851
first degree or a substantially equivalent municipal ordinance, a	43852
misdemeanor of the second degree or a substantially equivalent	43853
municipal ordinance, or any offense for which points are	43854
chargeable pursuant to section 4510.036 of the Revised Code.	43855

(E) In addition to the authority granted under division (A)	43856
or (B) of this section:	43857

(1) A sheriff or deputy sheriff may arrest and detain, until	43858
a warrant can be obtained, any person found violating section	43859
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	43860
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	43861
portion of any street or highway that is located immediately	43862
adjacent to the boundaries of the county in which the sheriff or	43863
deputy sheriff is elected or appointed.	43864

(2) A member of the police force of a township police	43865
district created under section 505.48 of the Revised Code, a	43866
member of the police force of a joint police district created	43867
under section 505.482 of the Revised Code, or a township constable	43868
appointed in accordance with section 509.01 of the Revised Code,	43869
who has received a certificate from the Ohio peace officer	43870
training commission under section 109.75 of the Revised Code, may	43871
arrest and detain, until a warrant can be obtained, any person	43872
found violating any section or chapter of the Revised Code listed	43873
in division (E)(1) of this section, other than sections 4513.33	43874
and 4513.34 of the Revised Code, on the portion of any street or	43875
highway that is located immediately adjacent to the boundaries of	43876
the township police district or joint police district, in the case	43877
of a member of a township police district or joint police district	43878
police force, or the unincorporated territory of the township, in	43879
the case of a township constable. However, if the population of	43880
the township that created the township police district served by	43881
the member's police force, or the townships and municipal	43882
corporations that created the joint police district served by the	43883
member's police force, or the township that is served by the	43884
township constable, is sixty thousand or less, the member of the	43885
township police district or joint police district police force or	43886
the township constable may not make an arrest under division	43887
(E)(2) of this section on a state highway that is included as part	43888
of the interstate system.	43889

(3) A police officer or village marshal appointed, elected,	43890
or employed by a municipal corporation may arrest and detain,	43891
until a warrant can be obtained, any person found violating any	43892
section or chapter of the Revised Code listed in division (E)(1)	43893
of this section on the portion of any street or highway that is	43894
located immediately adjacent to the boundaries of the municipal	43895
corporation in which the police officer or village marshal is	43896
appointed, elected, or employed.	43897

(4) A peace officer of the department of natural resources, a	43898
state fire marshal law enforcement officer described in division	43899
(A)(23) of section 109.71 of the Revised Code, or an individual	43900
designated to perform law enforcement duties under section	43901
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	43902
detain, until a warrant can be obtained, any person found	43903
violating any section or chapter of the Revised Code listed in	43904
division (E)(1) of this section, other than sections 4513.33 and	43905
4513.34 of the Revised Code, on the portion of any street or	43906
highway that is located immediately adjacent to the boundaries of	43907
the lands and waters that constitute the territorial jurisdiction	43908
of the peace officer or state fire marshal law enforcement	43909
officer.	43910

(F)(1) A department of ~~mental health~~mental health and	43911
addiction services special police officer or a department of	43912
developmental disabilities special police officer may arrest	43913
without a warrant and detain until a warrant can be obtained any	43914
person found committing on the premises of any institution under	43915
the jurisdiction of the particular department a misdemeanor under	43916
a law of the state.	43917

A department of ~~mental health~~mental health and addiction	43918
services special police officer or a department of developmental	43919
disabilities special police officer may arrest without a warrant	43920
and detain until a warrant can be obtained any person who has been	43921
hospitalized, institutionalized, or confined in an institution	43922
under the jurisdiction of the particular department pursuant to or	43923
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	43924
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	43925
found committing on the premises of any institution under the	43926
jurisdiction of the particular department a violation of section	43927
2921.34 of the Revised Code that involves an escape from the	43928
premises of the institution.	43929

(2)(a) If a department of ~~mental health~~mental health and	43930
addiction services special police officer or a department of	43931
developmental disabilities special police officer finds any person	43932
who has been hospitalized, institutionalized, or confined in an	43933
institution under the jurisdiction of the particular department	43934
pursuant to or under authority of section 2945.37, 2945.371,	43935
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	43936
Code committing a violation of section 2921.34 of the Revised Code	43937
that involves an escape from the premises of the institution, or	43938
if there is reasonable ground to believe that a violation of	43939
section 2921.34 of the Revised Code has been committed that	43940
involves an escape from the premises of an institution under the	43941
jurisdiction of the department of ~~mental health~~mental health and	43942
addiction services or the department of developmental disabilities	43943
and if a department of ~~mental health~~mental health and addiction	43944
services special police officer or a department of developmental	43945
disabilities special police officer has reasonable cause to	43946
believe that a particular person who has been hospitalized,	43947
institutionalized, or confined in the institution pursuant to or	43948
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	43949
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	43950
the violation, the special police officer, outside of the premises	43951
of the institution, may pursue, arrest, and detain that person for	43952
that violation of section 2921.34 of the Revised Code, until a	43953
warrant can be obtained, if both of the following apply:	43954

(i) The pursuit takes place without unreasonable delay after	43955
the offense is committed;	43956

(ii) The pursuit is initiated within the premises of the	43957
institution from which the violation of section 2921.34 of the	43958
Revised Code occurred.	43959

(b) For purposes of division (F)(2)(a) of this section, the	43960
execution of a written statement by the administrator of the	43961
institution in which a person had been hospitalized,	43962
institutionalized, or confined pursuant to or under authority of	43963
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43964
2945.402 of the Revised Code alleging that the person has escaped	43965
from the premises of the institution in violation of section	43966
2921.34 of the Revised Code constitutes reasonable ground to	43967
believe that the violation was committed and reasonable cause to	43968
believe that the person alleged in the statement to have committed	43969
the offense is guilty of the violation.	43970

(G) As used in this section:

43971

(1) A "department of ~~mental health~~mental health and	43972
addiction services special police officer" means a special police	43973
officer of the department of ~~mental health~~mental health and	43974
addiction services designated under section ~~5119.14~~5119.08 of the	43975
Revised Code who is certified by the Ohio peace officer training	43976
commission under section 109.77 of the Revised Code as having	43977
successfully completed an approved peace officer basic training	43978
program.	43979

(2) A "department of developmental disabilities special	43980
police officer" means a special police officer of the department	43981
of developmental disabilities designated under section 5123.13 of	43982
the Revised Code who is certified by the Ohio peace officer	43983
training council under section 109.77 of the Revised Code as	43984
having successfully completed an approved peace officer basic	43985
training program.	43986

(3) "Deadly weapon" has the same meaning as in section	43987
2923.11 of the Revised Code.	43988

(4) "Family or household member" has the same meaning as in	43989
section 2919.25 of the Revised Code.	43990

(5) "Street" or "highway" has the same meaning as in section	43991
4511.01 of the Revised Code.	43992

(6) "Interstate system" has the same meaning as in section	43993
5516.01 of the Revised Code.	43994

(7) "Peace officer of the department of natural resources"	43995
means an employee of the department of natural resources who is a	43996
natural resources law enforcement staff officer designated	43997
pursuant to section 1501.013 of the Revised Code, a forest officer	43998
designated pursuant to section 1503.29 of the Revised Code, a	43999
preserve officer designated pursuant to section 1517.10 of the	44000
Revised Code, a wildlife officer designated pursuant to section	44001
1531.13 of the Revised Code, a park officer designated pursuant to	44002
section 1541.10 of the Revised Code, or a state watercraft officer	44003
designated pursuant to section 1547.521 of the Revised Code.	44004

(8) "Portion of any street or highway" means all lanes of the	44005
street or highway irrespective of direction of travel, including	44006
designated turn lanes, and any berm, median, or shoulder.	44007

Sec. 2935.33. (A) If a person charged with a misdemeanor is	44008
taken before a judge of a court of record and if it appears to the	44009
judge that the person is an alcoholic or is suffering from acute	44010
alcohol intoxication and that the person would benefit from	44011
services provided by ~~an alcohol and drug~~a community addiction	44012
~~program~~services provider certified under Chapter ~~3793.~~5119. of	44013
the Revised Code, the judge may place the person temporarily in a	44014
~~program~~services provider certified under that chapter in the area	44015
in which the court has jurisdiction for inpatient care and	44016
treatment for an indefinite period not exceeding five days. The	44017
commitment does not limit the right to release on bail. The judge	44018
may dismiss a charge of a violation of division (B) of section	44019
2917.11 of the Revised Code or of a municipal ordinance	44020
substantially equivalent to that division if the defendant	44021
complies with all the conditions of treatment ordered by the	44022
court.	44023

The court may order that any fines or court costs collected	44024
by the court from defendants who have received inpatient care from	44025
~~an alcohol and drug~~a community addiction ~~program~~services	44026
provider be paid, for the benefit of the program, to the board of	44027
alcohol, drug addiction, and mental health services of the	44028
alcohol, drug addiction, and mental health service district in	44029
which the ~~program~~services provider is located or to the director	44030
of ~~alcohol and drug addiction services~~mental health and addiction	44031
services.	44032

(B) If a person is being sentenced for a violation of	44033
division (B) of section 2917.11 or section 4511.19 of the Revised	44034
Code, a misdemeanor violation of section 2919.25 of the Revised	44035
Code, a misdemeanor violation of section 2919.27 of the Revised	44036
Code involving a protection order issued or consent agreement	44037
approved pursuant to section 2919.26 or 3113.31 of the Revised	44038
Code, or a violation of a municipal ordinance substantially	44039
equivalent to that division or any of those sections and if it	44040
appears to the judge at the time of sentencing that the person is	44041
an alcoholic or is suffering from acute alcohol intoxication and	44042
that, in lieu of imprisonment, the person would benefit from	44043
services provided by ~~an alcohol and drug~~a community addiction	44044
~~program~~services provider certified under Chapter ~~3793.~~5119. of	44045
the Revised Code, the court may commit the person to close	44046
supervision in any facility in the area in which the court has	44047
jurisdiction that is, or is operated by, such a ~~program~~services	44048
provider. Such close supervision may include outpatient services	44049
and part-time release, except that a person convicted of a	44050
violation of division (A) of section 4511.19 of the Revised Code	44051
shall be confined to the facility for at least three days and	44052
except that a person convicted of a misdemeanor violation of	44053
section 2919.25 of the Revised Code, a misdemeanor violation of	44054
section 2919.27 of the Revised Code involving a protection order	44055
issued or consent agreement approved pursuant to section 2919.26	44056
or 3113.31 of the Revised Code, or a violation of a substantially	44057
equivalent municipal ordinance shall be confined to the facility	44058
in accordance with the order of commitment. A commitment of a	44059
person to a facility for purposes of close supervision shall not	44060
exceed the maximum term for which the person could be imprisoned.	44061

(C) A law enforcement officer who finds a person subject to	44062
prosecution for violation of division (B) of section 2917.11 of	44063
the Revised Code or a municipal ordinance substantially equivalent	44064
to that division and who has reasonable cause to believe that the	44065
person is an alcoholic or is suffering from acute alcohol	44066
intoxication and would benefit from immediate treatment	44067
immediately may place the person in ~~an alcohol and drug~~a	44068
community addiction ~~program~~services provider certified under	44069
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	44070
person is found, for emergency treatment, in lieu of other arrest	44071
procedures, for a maximum period of forty-eight hours. During that	44072
time, if the person desires to leave such custody, the person	44073
shall be released forthwith.	44074

(D) As used in this section:

44075

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	44076
5119.01 of the Revised Code;	44077

(2) "Acute alcohol intoxication" means a heavy consumption of	44078
alcohol over a relatively short period of time, resulting in	44079
dysfunction of the brain centers controlling behavior, speech, and	44080
memory and causing characteristic withdrawal symptoms.	44081

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	44082
the Revised Code:	44083

(1) "Prosecutor" means a prosecuting attorney or a city	44084
director of law, village solicitor, or similar chief legal officer	44085
of a municipal corporation who has authority to prosecute a	44086
criminal case that is before the court or the criminal case in	44087
which a defendant in a criminal case has been found incompetent to	44088
stand trial or not guilty by reason of insanity.	44089

(2) "Examiner" means either of the following:

44090

(a) A psychiatrist or a licensed clinical psychologist who	44091
satisfies the criteria of division (I)(1) of section 5122.01 of	44092
the Revised Code or is employed by a certified forensic center	44093
designated by the department of ~~mental health~~mental health and	44094
addiction services to conduct examinations or evaluations.	44095

(b) For purposes of a separate mental retardation evaluation	44096
that is ordered by a court pursuant to division (H) of section	44097
2945.371 of the Revised Code, a psychologist designated by the	44098
director of developmental disabilities pursuant to that section to	44099
conduct that separate mental retardation evaluation.	44100

(3) "Nonsecured status" means any unsupervised, off-grounds	44101
movement or trial visit from a hospital or institution, or any	44102
conditional release, that is granted to a person who is found	44103
incompetent to stand trial and is committed pursuant to section	44104
2945.39 of the Revised Code or to a person who is found not guilty	44105
by reason of insanity and is committed pursuant to section 2945.40	44106
of the Revised Code.	44107

(4) "Unsupervised, off-grounds movement" includes only	44108
off-grounds privileges that are unsupervised and that have an	44109
expectation of return to the hospital or institution on a daily	44110
basis.	44111

(5) "Trial visit" means a patient privilege of a longer	44112
stated duration of unsupervised community contact with an	44113
expectation of return to the hospital or institution at designated	44114
times.	44115

(6) "Conditional release" means a commitment status under	44116
which the trial court at any time may revoke a person's	44117
conditional release and order the rehospitalization or	44118
reinstitutionalization of the person as described in division (A)	44119
of section 2945.402 of the Revised Code and pursuant to which a	44120
person who is found incompetent to stand trial or a person who is	44121
found not guilty by reason of insanity lives and receives	44122
treatment in the community for a period of time that does not	44123
exceed the maximum prison term or term of imprisonment that the	44124
person could have received for the offense in question had the	44125
person been convicted of the offense instead of being found	44126
incompetent to stand trial on the charge of the offense or being	44127
found not guilty by reason of insanity relative to the offense.	44128

(7) "Licensed clinical psychologist," "mentally ill person	44129
subject to hospitalization by court order," and "psychiatrist"	44130
have the same meanings as in section 5122.01 of the Revised Code.	44131

(8) "Mentally retarded person subject to institutionalization	44132
by court order" has the same meaning as in section 5123.01 of the	44133
Revised Code.	44134

(B) In a criminal action in a court of common pleas, a county	44135
court, or a municipal court, the court, prosecutor, or defense may	44136
raise the issue of the defendant's competence to stand trial. If	44137
the issue is raised before the trial has commenced, the court	44138
shall hold a hearing on the issue as provided in this section. If	44139
the issue is raised after the trial has commenced, the court shall	44140
hold a hearing on the issue only for good cause shown or on the	44141
court's own motion.	44142

(C) The court shall conduct the hearing required or	44143
authorized under division (B) of this section within thirty days	44144
after the issue is raised, unless the defendant has been referred	44145
for evaluation in which case the court shall conduct the hearing	44146
within ten days after the filing of the report of the evaluation	44147
or, in the case of a defendant who is ordered by the court	44148
pursuant to division (H) of section 2945.371 of the Revised Code	44149
to undergo a separate mental retardation evaluation conducted by a	44150
psychologist designated by the director of developmental	44151
disabilities, within ten days after the filing of the report of	44152
the separate mental retardation evaluation under that division. A	44153
hearing may be continued for good cause.	44154

(D) The defendant shall be represented by counsel at the	44155
hearing conducted under division (C) of this section. If the	44156
defendant is unable to obtain counsel, the court shall appoint	44157
counsel under Chapter 120. of the Revised Code or under the	44158
authority recognized in division (C) of section 120.06, division	44159
(E) of section 120.16, division (E) of section 120.26, or section	44160
2941.51 of the Revised Code before proceeding with the hearing.	44161

(E) The prosecutor and defense counsel may submit evidence on	44162
the issue of the defendant's competence to stand trial. A written	44163
report of the evaluation of the defendant may be admitted into	44164
evidence at the hearing by stipulation, but, if either the	44165
prosecution or defense objects to its admission, the report may be	44166
admitted under sections 2317.36 to 2317.38 of the Revised Code or	44167
any other applicable statute or rule.	44168

(F) The court shall not find a defendant incompetent to stand	44169
trial solely because the defendant is receiving or has received	44170
treatment as a voluntary or involuntary mentally ill patient under	44171
Chapter 5122. or a voluntary or involuntary mentally retarded	44172
resident under Chapter 5123. of the Revised Code or because the	44173
defendant is receiving or has received psychotropic drugs or other	44174
medication, even if the defendant might become incompetent to	44175
stand trial without the drugs or medication.	44176

(G) A defendant is presumed to be competent to stand trial.	44177
If, after a hearing, the court finds by a preponderance of the	44178
evidence that, because of the defendant's present mental	44179
condition, the defendant is incapable of understanding the nature	44180
and objective of the proceedings against the defendant or of	44181
assisting in the defendant's defense, the court shall find the	44182
defendant incompetent to stand trial and shall enter an order	44183
authorized by section 2945.38 of the Revised Code.	44184

(H) Municipal courts shall follow the procedures set forth in	44185
sections 2945.37 to 2945.402 of the Revised Code. Except as	44186
provided in section 2945.371 of the Revised Code, a municipal	44187
court shall not order an evaluation of the defendant's competence	44188
to stand trial or the defendant's mental condition at the time of	44189
the commission of the offense to be conducted at any hospital	44190
operated by the department of ~~mental health~~mental health and	44191
addiction services. Those evaluations shall be performed through	44192
community resources including, but not limited to, certified	44193
forensic centers, court probation departments, and community	44194
mental health ~~agencies~~services providers. All expenses of the	44195
evaluations shall be borne by the legislative authority of the	44196
municipal court, as defined in section 1901.03 of the Revised	44197
Code, and shall be taxed as costs in the case. If a defendant is	44198
found incompetent to stand trial or not guilty by reason of	44199
insanity, a municipal court may commit the defendant as provided	44200
in sections 2945.38 to 2945.402 of the Revised Code.	44201

Sec. 2945.371. (A) If the issue of a defendant's competence	44202
to stand trial is raised or if a defendant enters a plea of not	44203
guilty by reason of insanity, the court may order one or more	44204
evaluations of the defendant's present mental condition or, in the	44205
case of a plea of not guilty by reason of insanity, of the	44206
defendant's mental condition at the time of the offense charged.	44207
An examiner shall conduct the evaluation.	44208

(B) If the court orders more than one evaluation under	44209
division (A) of this section, the prosecutor and the defendant may	44210
recommend to the court an examiner whom each prefers to perform	44211
one of the evaluations. If a defendant enters a plea of not guilty	44212
by reason of insanity and if the court does not designate an	44213
examiner recommended by the defendant, the court shall inform the	44214
defendant that the defendant may have independent expert	44215
evaluation and that, if the defendant is unable to obtain	44216
independent expert evaluation, it will be obtained for the	44217
defendant at public expense if the defendant is indigent.	44218

(C) If the court orders an evaluation under division (A) of	44219
this section, the defendant shall be available at the times and	44220
places established by the examiners who are to conduct the	44221
evaluation. The court may order a defendant who has been released	44222
on bail or recognizance to submit to an evaluation under this	44223
section. If a defendant who has been released on bail or	44224
recognizance refuses to submit to a complete evaluation, the court	44225
may amend the conditions of bail or recognizance and order the	44226
sheriff to take the defendant into custody and deliver the	44227
defendant to a center, program, or facility operated or certified	44228
by the department of ~~mental health~~mental health and addiction	44229
services or the department of developmental disabilities where the	44230
defendant may be held for evaluation for a reasonable period of	44231
time not to exceed twenty days.	44232

(D) A defendant who has not been released on bail or	44233
recognizance may be evaluated at the defendant's place of	44234
detention. Upon the request of the examiner, the court may order	44235
the sheriff to transport the defendant to a program or facility	44236
operated or certified by the department of ~~mental health~~mental	44237
health and addiction services or the department of developmental	44238
disabilities, where the defendant may be held for evaluation for a	44239
reasonable period of time not to exceed twenty days, and to return	44240
the defendant to the place of detention after the evaluation. A	44241
municipal court may make an order under this division only upon	44242
the request of a certified forensic center examiner.	44243

(E) If a court orders the evaluation to determine a	44244
defendant's mental condition at the time of the offense charged,	44245
the court shall inform the examiner of the offense with which the	44246
defendant is charged.	44247

(F) In conducting an evaluation of a defendant's mental	44248
condition at the time of the offense charged, the examiner shall	44249
consider all relevant evidence. If the offense charged involves	44250
the use of force against another person, the relevant evidence to	44251
be considered includes, but is not limited to, any evidence that	44252
the defendant suffered, at the time of the commission of the	44253
offense, from the "battered woman syndrome."	44254

(G) The examiner shall file a written report with the court	44255
within thirty days after entry of a court order for evaluation,	44256
and the court shall provide copies of the report to the prosecutor	44257
and defense counsel. The report shall include all of the	44258
following:	44259

(1) The examiner's findings;

44260

(2) The facts in reasonable detail on which the findings are	44261
based;	44262

(3) If the evaluation was ordered to determine the	44263
defendant's competence to stand trial, all of the following	44264
findings or recommendations that are applicable:	44265

(a) Whether the defendant is capable of understanding the	44266
nature and objective of the proceedings against the defendant or	44267
of assisting in the defendant's defense;	44268

(b) If the examiner's opinion is that the defendant is	44269
incapable of understanding the nature and objective of the	44270
proceedings against the defendant or of assisting in the	44271
defendant's defense, whether the defendant presently is mentally	44272
ill or mentally retarded and, if the examiner's opinion is that	44273
the defendant presently is mentally retarded, whether the	44274
defendant appears to be a mentally retarded person subject to	44275
institutionalization by court order;	44276

(c) If the examiner's opinion is that the defendant is	44277
incapable of understanding the nature and objective of the	44278
proceedings against the defendant or of assisting in the	44279
defendant's defense, the examiner's opinion as to the likelihood	44280
of the defendant becoming capable of understanding the nature and	44281
objective of the proceedings against the defendant and of	44282
assisting in the defendant's defense within one year if the	44283
defendant is provided with a course of treatment;	44284

(d) If the examiner's opinion is that the defendant is	44285
incapable of understanding the nature and objective of the	44286
proceedings against the defendant or of assisting in the	44287
defendant's defense and that the defendant presently is mentally	44288
ill or mentally retarded, the examiner's recommendation as to the	44289
least restrictive placement or commitment alternative, consistent	44290
with the defendant's treatment needs for restoration to competency	44291
and with the safety of the community.	44292

(4) If the evaluation was ordered to determine the	44293
defendant's mental condition at the time of the offense charged,	44294
the examiner's findings as to whether the defendant, at the time	44295
of the offense charged, did not know, as a result of a severe	44296
mental disease or defect, the wrongfulness of the defendant's acts	44297
charged.	44298

(H) If the examiner's report filed under division (G) of this	44299
section indicates that in the examiner's opinion the defendant is	44300
incapable of understanding the nature and objective of the	44301
proceedings against the defendant or of assisting in the	44302
defendant's defense and that in the examiner's opinion the	44303
defendant appears to be a mentally retarded person subject to	44304
institutionalization by court order, the court shall order the	44305
defendant to undergo a separate mental retardation evaluation	44306
conducted by a psychologist designated by the director of	44307
developmental disabilities. Divisions (C) to (F) of this section	44308
apply in relation to a separate mental retardation evaluation	44309
conducted under this division. The psychologist appointed under	44310
this division to conduct the separate mental retardation	44311
evaluation shall file a written report with the court within	44312
thirty days after the entry of the court order requiring the	44313
separate mental retardation evaluation, and the court shall	44314
provide copies of the report to the prosecutor and defense	44315
counsel. The report shall include all of the information described	44316
in divisions (G)(1) to (4) of this section. If the court orders a	44317
separate mental retardation evaluation of a defendant under this	44318
division, the court shall not conduct a hearing under divisions	44319
(B) to (H) of section 2945.37 of the Revised Code regarding that	44320
defendant until a report of the separate mental retardation	44321
evaluation conducted under this division has been filed. Upon the	44322
filing of that report, the court shall conduct the hearing within	44323
the period of time specified in division (C) of section 2945.37 of	44324
the Revised Code.	44325

(I) An examiner appointed under divisions (A) and (B) of this	44326
section or under division (H) of this section to evaluate a	44327
defendant to determine the defendant's competence to stand trial	44328
also may be appointed to evaluate a defendant who has entered a	44329
plea of not guilty by reason of insanity, but an examiner of that	44330
nature shall prepare separate reports on the issue of competence	44331
to stand trial and the defense of not guilty by reason of	44332
insanity.	44333

(J) No statement that a defendant makes in an evaluation or	44334
hearing under divisions (A) to (H) of this section relating to the	44335
defendant's competence to stand trial or to the defendant's mental	44336
condition at the time of the offense charged shall be used against	44337
the defendant on the issue of guilt in any criminal action or	44338
proceeding, but, in a criminal action or proceeding, the	44339
prosecutor or defense counsel may call as a witness any person who	44340
evaluated the defendant or prepared a report pursuant to a	44341
referral under this section. Neither the appointment nor the	44342
testimony of an examiner appointed under this section precludes	44343
the prosecutor or defense counsel from calling other witnesses or	44344
presenting other evidence on competency or insanity issues.	44345

(K) Persons appointed as examiners under divisions (A) and	44346
(B) of this section or under division (H) of this section shall be	44347
paid a reasonable amount for their services and expenses, as	44348
certified by the court. The certified amount shall be paid by the	44349
county in the case of county courts and courts of common pleas and	44350
by the legislative authority, as defined in section 1901.03 of the	44351
Revised Code, in the case of municipal courts.	44352

Sec. 2945.38. (A) If the issue of a defendant's competence	44353
to stand trial is raised and if the court, upon conducting the	44354
hearing provided for in section 2945.37 of the Revised Code, finds	44355
that the defendant is competent to stand trial, the defendant	44356
shall be proceeded against as provided by law. If the court finds	44357
the defendant competent to stand trial and the defendant is	44358
receiving psychotropic drugs or other medication, the court may	44359
authorize the continued administration of the drugs or medication	44360
or other appropriate treatment in order to maintain the	44361
defendant's competence to stand trial, unless the defendant's	44362
attending physician advises the court against continuation of the	44363
drugs, other medication, or treatment.	44364

(B)(1)(a) If, after taking into consideration all relevant	44365
reports, information, and other evidence, the court finds that the	44366
defendant is incompetent to stand trial and that there is a	44367
substantial probability that the defendant will become competent	44368
to stand trial within one year if the defendant is provided with a	44369
course of treatment, the court shall order the defendant to	44370
undergo treatment. If the defendant has been charged with a felony	44371
offense and if, after taking into consideration all relevant	44372
reports, information, and other evidence, the court finds that the	44373
defendant is incompetent to stand trial, but the court is unable	44374
at that time to determine whether there is a substantial	44375
probability that the defendant will become competent to stand	44376
trial within one year if the defendant is provided with a course	44377
of treatment, the court shall order continuing evaluation and	44378
treatment of the defendant for a period not to exceed four months	44379
to determine whether there is a substantial probability that the	44380
defendant will become competent to stand trial within one year if	44381
the defendant is provided with a course of treatment.	44382

(b) The court order for the defendant to undergo treatment or	44383
continuing evaluation and treatment under division (B)(1)(a) of	44384
this section shall specify that the defendant, if determined to	44385
require mental health treatment or continuing evaluation and	44386
treatment, either shall be committed to the department of ~~mental~~	44387
~~health~~mental health and addiction services for treatment or	44388
continuing evaluation and treatment at a hospital, facility, or	44389
agency, as determined to be clinically appropriate by the	44390
department of ~~mental health~~mental health and addiction services	44391
or shall be committed to a facility certified by the department of	44392
~~mental health~~mental health and addiction services as being	44393
qualified to treat mental illness, to a public or community mental	44394
health facility, or to a psychiatrist or another mental health	44395
professional for treatment or continuing evaluation and treatment.	44396
Prior to placing the defendant, the department of ~~mental health~~	44397
mental health and addiction services shall obtain court approval	44398
for that placement following a hearing. The court order for the	44399
defendant to undergo treatment or continuing evaluation and	44400
treatment under division (B)(1)(a) of this section shall specify	44401
that the defendant, if determined to require treatment or	44402
continuing evaluation and treatment for mental retardation, shall	44403
receive treatment or continuing evaluation and treatment at an	44404
institution or facility operated by the department of	44405
developmental disabilities, at a facility certified by the	44406
department of developmental disabilities as being qualified to	44407
treat mental retardation, at a public or private mental	44408
retardation facility, or by a psychiatrist or another mental	44409
retardation professional. In any case, the order may restrict the	44410
defendant's freedom of movement as the court considers necessary.	44411
The prosecutor in the defendant's case shall send to the chief	44412
clinical officer of the hospital, facility, or agency where the	44413
defendant is placed by the department of ~~mental health~~mental	44414
health and addiction services, or to the managing officer of the	44415
institution, the director of the program or facility, or the	44416
person to which the defendant is committed, copies of relevant	44417
police reports and other background information that pertains to	44418
the defendant and is available to the prosecutor unless the	44419
prosecutor determines that the release of any of the information	44420
in the police reports or any of the other background information	44421
to unauthorized persons would interfere with the effective	44422
prosecution of any person or would create a substantial risk of	44423
harm to any person.	44424

In determining the place of commitment, the court shall	44425
consider the extent to which the person is a danger to the person	44426
and to others, the need for security, and the type of crime	44427
involved and shall order the least restrictive alternative	44428
available that is consistent with public safety and treatment	44429
goals. In weighing these factors, the court shall give preference	44430
to protecting public safety.	44431

(c) If the defendant is found incompetent to stand trial, if	44432
the chief clinical officer of the hospital, facility, or agency	44433
where the defendant is placed, or the managing officer of the	44434
institution, the director of the program or facility, or the	44435
person to which the defendant is committed for treatment or	44436
continuing evaluation and treatment under division (B)(1)(b) of	44437
this section determines that medication is necessary to restore	44438
the defendant's competency to stand trial, and if the defendant	44439
lacks the capacity to give informed consent or refuses medication,	44440
the chief clinical officer of the hospital, facility, or agency	44441
where the defendant is placed, or the managing officer of the	44442
institution, the director of the program or facility, or the	44443
person to which the defendant is committed for treatment or	44444
continuing evaluation and treatment may petition the court for	44445
authorization for the involuntary administration of medication.	44446
The court shall hold a hearing on the petition within five days of	44447
the filing of the petition if the petition was filed in a	44448
municipal court or a county court regarding an incompetent	44449
defendant charged with a misdemeanor or within ten days of the	44450
filing of the petition if the petition was filed in a court of	44451
common pleas regarding an incompetent defendant charged with a	44452
felony offense. Following the hearing, the court may authorize the	44453
involuntary administration of medication or may dismiss the	44454
petition.	44455

(2) If the court finds that the defendant is incompetent to	44456
stand trial and that, even if the defendant is provided with a	44457
course of treatment, there is not a substantial probability that	44458
the defendant will become competent to stand trial within one	44459
year, the court shall order the discharge of the defendant, unless	44460
upon motion of the prosecutor or on its own motion, the court	44461
either seeks to retain jurisdiction over the defendant pursuant to	44462
section 2945.39 of the Revised Code or files an affidavit in the	44463
probate court for the civil commitment of the defendant pursuant	44464
to Chapter 5122. or 5123. of the Revised Code alleging that the	44465
defendant is a mentally ill person subject to hospitalization by	44466
court order or a mentally retarded person subject to	44467
institutionalization by court order. If an affidavit is filed in	44468
the probate court, the trial court shall send to the probate court	44469
copies of all written reports of the defendant's mental condition	44470
that were prepared pursuant to section 2945.371 of the Revised	44471
Code.	44472

The trial court may issue the temporary order of detention	44473
that a probate court may issue under section 5122.11 or 5123.71 of	44474
the Revised Code, to remain in effect until the probable cause or	44475
initial hearing in the probate court. Further proceedings in the	44476
probate court are civil proceedings governed by Chapter 5122. or	44477
5123. of the Revised Code.	44478

(C) No defendant shall be required to undergo treatment,	44479
including any continuing evaluation and treatment, under division	44480
(B)(1) of this section for longer than whichever of the following	44481
periods is applicable:	44482

(1) One year, if the most serious offense with which the	44483
defendant is charged is one of the following offenses:	44484

(a) Aggravated murder, murder, or an offense of violence for	44485
which a sentence of death or life imprisonment may be imposed;	44486

(b) An offense of violence that is a felony of the first or	44487
second degree;	44488

(c) A conspiracy to commit, an attempt to commit, or	44489
complicity in the commission of an offense described in division	44490
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	44491
complicity is a felony of the first or second degree.	44492

(2) Six months, if the most serious offense with which the	44493
defendant is charged is a felony other than a felony described in	44494
division (C)(1) of this section;	44495

(3) Sixty days, if the most serious offense with which the	44496
defendant is charged is a misdemeanor of the first or second	44497
degree;	44498

(4) Thirty days, if the most serious offense with which the	44499
defendant is charged is a misdemeanor of the third or fourth	44500
degree, a minor misdemeanor, or an unclassified misdemeanor.	44501

(D) Any defendant who is committed pursuant to this section	44502
shall not voluntarily admit the defendant or be voluntarily	44503
admitted to a hospital or institution pursuant to section 5122.02,	44504
5122.15, 5123.69, or 5123.76 of the Revised Code.	44505

(E) Except as otherwise provided in this division, a	44506
defendant who is charged with an offense and is committed by the	44507
court under this section to the department of ~~mental health~~mental	44508
health and addiction services or is committed to an institution or	44509
facility for the treatment of mental retardation shall not be	44510
granted unsupervised on-grounds movement, supervised off-grounds	44511
movement, or nonsecured status except in accordance with the court	44512
order. The court may grant a defendant supervised off-grounds	44513
movement to obtain medical treatment or specialized habilitation	44514
treatment services if the person who supervises the treatment or	44515
the continuing evaluation and treatment of the defendant ordered	44516
under division (B)(1)(a) of this section informs the court that	44517
the treatment or continuing evaluation and treatment cannot be	44518
provided at the hospital or facility where the defendant is placed	44519
by the department of ~~mental health~~mental health and addiction	44520
services or the institution or facility to which the defendant is	44521
committed. The chief clinical officer of the hospital or facility	44522
where the defendant is placed by the department of ~~mental health~~	44523
mental health and addiction services or the managing officer of	44524
the institution or director of the facility to which the defendant	44525
is committed, or a designee of any of those persons, may grant a	44526
defendant movement to a medical facility for an emergency medical	44527
situation with appropriate supervision to ensure the safety of the	44528
defendant, staff, and community during that emergency medical	44529
situation. The chief clinical officer of the hospital or facility	44530
where the defendant is placed by the department of ~~mental health~~	44531
mental health and addiction services or the managing officer of	44532
the institution or director of the facility to which the defendant	44533
is committed shall notify the court within twenty-four hours of	44534
the defendant's movement to the medical facility for an emergency	44535
medical situation under this division.	44536

(F) The person who supervises the treatment or continuing	44537
evaluation and treatment of a defendant ordered to undergo	44538
treatment or continuing evaluation and treatment under division	44539
(B)(1)(a) of this section shall file a written report with the	44540
court at the following times:	44541

(1) Whenever the person believes the defendant is capable of	44542
understanding the nature and objective of the proceedings against	44543
the defendant and of assisting in the defendant's defense;	44544

(2) For a felony offense, fourteen days before expiration of	44545
the maximum time for treatment as specified in division (C) of	44546
this section and fourteen days before the expiration of the	44547
maximum time for continuing evaluation and treatment as specified	44548
in division (B)(1)(a) of this section, and, for a misdemeanor	44549
offense, ten days before the expiration of the maximum time for	44550
treatment, as specified in division (C) of this section;	44551

(3) At a minimum, after each six months of treatment;

44552

(4) Whenever the person who supervises the treatment or	44553
continuing evaluation and treatment of a defendant ordered under	44554
division (B)(1)(a) of this section believes that there is not a	44555
substantial probability that the defendant will become capable of	44556
understanding the nature and objective of the proceedings against	44557
the defendant or of assisting in the defendant's defense even if	44558
the defendant is provided with a course of treatment.	44559

(G) A report under division (F) of this section shall contain	44560
the examiner's findings, the facts in reasonable detail on which	44561
the findings are based, and the examiner's opinion as to the	44562
defendant's capability of understanding the nature and objective	44563
of the proceedings against the defendant and of assisting in the	44564
defendant's defense. If, in the examiner's opinion, the defendant	44565
remains incapable of understanding the nature and objective of the	44566
proceedings against the defendant and of assisting in the	44567
defendant's defense and there is a substantial probability that	44568
the defendant will become capable of understanding the nature and	44569
objective of the proceedings against the defendant and of	44570
assisting in the defendant's defense if the defendant is provided	44571
with a course of treatment, if in the examiner's opinion the	44572
defendant remains mentally ill or mentally retarded, and if the	44573
maximum time for treatment as specified in division (C) of this	44574
section has not expired, the report also shall contain the	44575
examiner's recommendation as to the least restrictive placement or	44576
commitment alternative that is consistent with the defendant's	44577
treatment needs for restoration to competency and with the safety	44578
of the community. The court shall provide copies of the report to	44579
the prosecutor and defense counsel.	44580

(H) If a defendant is committed pursuant to division (B)(1)	44581
of this section, within ten days after the treating physician of	44582
the defendant or the examiner of the defendant who is employed or	44583
retained by the treating facility advises that there is not a	44584
substantial probability that the defendant will become capable of	44585
understanding the nature and objective of the proceedings against	44586
the defendant or of assisting in the defendant's defense even if	44587
the defendant is provided with a course of treatment, within ten	44588
days after the expiration of the maximum time for treatment as	44589
specified in division (C) of this section, within ten days after	44590
the expiration of the maximum time for continuing evaluation and	44591
treatment as specified in division (B)(1)(a) of this section,	44592
within thirty days after a defendant's request for a hearing that	44593
is made after six months of treatment, or within thirty days after	44594
being advised by the treating physician or examiner that the	44595
defendant is competent to stand trial, whichever is the earliest,	44596
the court shall conduct another hearing to determine if the	44597
defendant is competent to stand trial and shall do whichever of	44598
the following is applicable:	44599

(1) If the court finds that the defendant is competent to	44600
stand trial, the defendant shall be proceeded against as provided	44601
by law.	44602

(2) If the court finds that the defendant is incompetent to	44603
stand trial, but that there is a substantial probability that the	44604
defendant will become competent to stand trial if the defendant is	44605
provided with a course of treatment, and the maximum time for	44606
treatment as specified in division (C) of this section has not	44607
expired, the court, after consideration of the examiner's	44608
recommendation, shall order that treatment be continued, may	44609
change the facility or program at which the treatment is to be	44610
continued, and shall specify whether the treatment is to be	44611
continued at the same or a different facility or program.	44612

(3) If the court finds that the defendant is incompetent to	44613
stand trial, if the defendant is charged with an offense listed in	44614
division (C)(1) of this section, and if the court finds that there	44615
is not a substantial probability that the defendant will become	44616
competent to stand trial even if the defendant is provided with a	44617
course of treatment, or if the maximum time for treatment relative	44618
to that offense as specified in division (C) of this section has	44619
expired, further proceedings shall be as provided in sections	44620
2945.39, 2945.401, and 2945.402 of the Revised Code.	44621

(4) If the court finds that the defendant is incompetent to	44622
stand trial, if the most serious offense with which the defendant	44623
is charged is a misdemeanor or a felony other than a felony listed	44624
in division (C)(1) of this section, and if the court finds that	44625
there is not a substantial probability that the defendant will	44626
become competent to stand trial even if the defendant is provided	44627
with a course of treatment, or if the maximum time for treatment	44628
relative to that offense as specified in division (C) of this	44629
section has expired, the court shall dismiss the indictment,	44630
information, or complaint against the defendant. A dismissal under	44631
this division is not a bar to further prosecution based on the	44632
same conduct. The court shall discharge the defendant unless the	44633
court or prosecutor files an affidavit in probate court for civil	44634
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	44635
If an affidavit for civil commitment is filed, the court may	44636
detain the defendant for ten days pending civil commitment. All of	44637
the following provisions apply to persons charged with a	44638
misdemeanor or a felony other than a felony listed in division	44639
(C)(1) of this section who are committed by the probate court	44640
subsequent to the court's or prosecutor's filing of an affidavit	44641
for civil commitment under authority of this division:	44642

(a) The chief clinical officer of the entity, hospital, or	44643
facility, the managing officer of the institution, the director of	44644
the program, or the person to which the defendant is committed or	44645
admitted shall do all of the following:	44646

(i) Notify the prosecutor, in writing, of the discharge of	44647
the defendant, send the notice at least ten days prior to the	44648
discharge unless the discharge is by the probate court, and state	44649
in the notice the date on which the defendant will be discharged;	44650

(ii) Notify the prosecutor, in writing, when the defendant is	44651
absent without leave or is granted unsupervised, off-grounds	44652
movement, and send this notice promptly after the discovery of the	44653
absence without leave or prior to the granting of the	44654
unsupervised, off-grounds movement, whichever is applicable;	44655

(iii) Notify the prosecutor, in writing, of the change of the	44656
defendant's commitment or admission to voluntary status, send the	44657
notice promptly upon learning of the change to voluntary status,	44658
and state in the notice the date on which the defendant was	44659
committed or admitted on a voluntary status.	44660

(b) Upon receiving notice that the defendant will be granted	44661
unsupervised, off-grounds movement, the prosecutor either shall	44662
re-indict the defendant or promptly notify the court that the	44663
prosecutor does not intend to prosecute the charges against the	44664
defendant.	44665

(I) If a defendant is convicted of a crime and sentenced to a	44666
jail or workhouse, the defendant's sentence shall be reduced by	44667
the total number of days the defendant is confined for evaluation	44668
to determine the defendant's competence to stand trial or	44669
treatment under this section and sections 2945.37 and 2945.371 of	44670
the Revised Code or by the total number of days the defendant is	44671
confined for evaluation to determine the defendant's mental	44672
condition at the time of the offense charged.	44673

Sec. 2945.39. (A) If a defendant who is charged with an	44674
offense described in division (C)(1) of section 2945.38 of the	44675
Revised Code is found incompetent to stand trial, after the	44676
expiration of the maximum time for treatment as specified in	44677
division (C) of that section or after the court finds that there	44678
is not a substantial probability that the defendant will become	44679
competent to stand trial even if the defendant is provided with a	44680
course of treatment, one of the following applies:	44681

(1) The court or the prosecutor may file an affidavit in	44682
probate court for civil commitment of the defendant in the manner	44683
provided in Chapter 5122. or 5123. of the Revised Code. If the	44684
court or prosecutor files an affidavit for civil commitment, the	44685
court may detain the defendant for ten days pending civil	44686
commitment. If the probate court commits the defendant subsequent	44687
to the court's or prosecutor's filing of an affidavit for civil	44688
commitment, the chief clinical officer of the entity, hospital, or	44689
facility, the managing officer of the institution, the director of	44690
the program, or the person to which the defendant is committed or	44691
admitted shall send to the prosecutor the notices described in	44692
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	44693
Code within the periods of time and under the circumstances	44694
specified in those divisions.	44695

(2) On the motion of the prosecutor or on its own motion, the	44696
court may retain jurisdiction over the defendant if, at a hearing,	44697
the court finds both of the following by clear and convincing	44698
evidence:	44699

(a) The defendant committed the offense with which the	44700
defendant is charged.	44701

(b) The defendant is a mentally ill person subject to	44702
hospitalization by court order or a mentally retarded person	44703
subject to institutionalization by court order.	44704

(B) In making its determination under division (A)(2) of this	44705
section as to whether to retain jurisdiction over the defendant,	44706
the court may consider all relevant evidence, including, but not	44707
limited to, any relevant psychiatric, psychological, or medical	44708
testimony or reports, the acts constituting the offense charged,	44709
and any history of the defendant that is relevant to the	44710
defendant's ability to conform to the law.	44711

(C) If the court conducts a hearing as described in division	44712
(A)(2) of this section and if the court does not make both	44713
findings described in divisions (A)(2)(a) and (b) of this section	44714
by clear and convincing evidence, the court shall dismiss the	44715
indictment, information, or complaint against the defendant. Upon	44716
the dismissal, the court shall discharge the defendant unless the	44717
court or prosecutor files an affidavit in probate court for civil	44718
commitment of the defendant pursuant to Chapter 5122. or 5123. of	44719
the Revised Code. If the court or prosecutor files an affidavit	44720
for civil commitment, the court may order that the defendant be	44721
detained for up to ten days pending the civil commitment. If the	44722
probate court commits the defendant subsequent to the court's or	44723
prosecutor's filing of an affidavit for civil commitment, the	44724
chief clinical officer of the entity, hospital, or facility, the	44725
managing officer of the institution, the director of the program,	44726
or the person to which the defendant is committed or admitted	44727
shall send to the prosecutor the notices described in divisions	44728
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	44729
within the periods of time and under the circumstances specified	44730
in those divisions. A dismissal of charges under this division is	44731
not a bar to further criminal proceedings based on the same	44732
conduct.	44733

(D)(1) If the court conducts a hearing as described in	44734
division (A)(2) of this section and if the court makes the	44735
findings described in divisions (A)(2)(a) and (b) of this section	44736
by clear and convincing evidence, the court shall commit the	44737
defendant, if determined to require mental health treatment,	44738
either to the department of ~~mental health~~mental health and	44739
addiction services for treatment at a hospital, facility, or	44740
agency as determined clinically appropriate by the department of	44741
~~mental health~~mental health and addiction services or to another	44742
medical or psychiatric facility, as appropriate. Prior to placing	44743
the defendant, the department of ~~mental health~~mental health and	44744
addiction services shall obtain court approval for that placement.	44745
If the court conducts such a hearing and if it makes those	44746
findings by clear and convincing evidence, the court shall commit	44747
the defendant, if determined to require treatment for mental	44748
retardation, to a facility operated by the department of	44749
developmental disabilities, or another facility, as appropriate.	44750
In determining the place of commitment, the court shall consider	44751
the extent to which the person is a danger to the person and to	44752
others, the need for security, and the type of crime involved and	44753
shall order the least restrictive alternative available that is	44754
consistent with public safety and the welfare of the defendant. In	44755
weighing these factors, the court shall give preference to	44756
protecting public safety.	44757

(2) If a court makes a commitment of a defendant under	44758
division (D)(1) of this section, the prosecutor shall send to the	44759
hospital, facility, or agency where the defendant is placed by the	44760
department of ~~mental health~~mental health and addiction services	44761
or to the defendant's place of commitment all reports of the	44762
defendant's current mental condition and, except as otherwise	44763
provided in this division, any other relevant information,	44764
including, but not limited to, a transcript of the hearing held	44765
pursuant to division (A)(2) of this section, copies of relevant	44766
police reports, and copies of any prior arrest and conviction	44767
records that pertain to the defendant and that the prosecutor	44768
possesses. The prosecutor shall send the reports of the	44769
defendant's current mental condition in every case of commitment,	44770
and, unless the prosecutor determines that the release of any of	44771
the other relevant information to unauthorized persons would	44772
interfere with the effective prosecution of any person or would	44773
create a substantial risk of harm to any person, the prosecutor	44774
also shall send the other relevant information. Upon admission of	44775
a defendant committed under division (D)(1) of this section, the	44776
place of commitment shall send to the board of alcohol, drug	44777
addiction, and mental health services or the community mental	44778
health board serving the county in which the charges against the	44779
defendant were filed a copy of all reports of the defendant's	44780
current mental condition and a copy of the other relevant	44781
information provided by the prosecutor under this division,	44782
including, if provided, a transcript of the hearing held pursuant	44783
to division (A)(2) of this section, the relevant police reports,	44784
and the prior arrest and conviction records that pertain to the	44785
defendant and that the prosecutor possesses.	44786

(3) If a court makes a commitment under division (D)(1) of	44787
this section, all further proceedings shall be in accordance with	44788
sections 2945.401 and 2945.402 of the Revised Code.	44789

Sec. 2945.40. (A) If a person is found not guilty by reason	44790
of insanity, the verdict shall state that finding, and the trial	44791
court shall conduct a full hearing to determine whether the person	44792
is a mentally ill person subject to hospitalization by court order	44793
or a mentally retarded person subject to institutionalization by	44794
court order. Prior to the hearing, if the trial judge believes	44795
that there is probable cause that the person found not guilty by	44796
reason of insanity is a mentally ill person subject to	44797
hospitalization by court order or mentally retarded person subject	44798
to institutionalization by court order, the trial judge may issue	44799
a temporary order of detention for that person to remain in effect	44800
for ten court days or until the hearing, whichever occurs first.	44801

Any person detained pursuant to a temporary order of	44802
detention issued under this division shall be held in a suitable	44803
facility, taking into consideration the place and type of	44804
confinement prior to and during trial.	44805

(B) The court shall hold the hearing under division (A) of	44806
this section to determine whether the person found not guilty by	44807
reason of insanity is a mentally ill person subject to	44808
hospitalization by court order or a mentally retarded person	44809
subject to institutionalization by court order within ten court	44810
days after the finding of not guilty by reason of insanity.	44811
Failure to conduct the hearing within the ten-day period shall	44812
cause the immediate discharge of the respondent, unless the judge	44813
grants a continuance for not longer than ten court days for good	44814
cause shown or for any period of time upon motion of the	44815
respondent.	44816

(C) If a person is found not guilty by reason of insanity,	44817
the person has the right to attend all hearings conducted pursuant	44818
to sections 2945.37 to 2945.402 of the Revised Code. At any	44819
hearing conducted pursuant to one of those sections, the court	44820
shall inform the person that the person has all of the following	44821
rights:	44822

(1) The right to be represented by counsel and to have that	44823
counsel provided at public expense if the person is indigent, with	44824
the counsel to be appointed by the court under Chapter 120. of the	44825
Revised Code or under the authority recognized in division (C) of	44826
section 120.06, division (E) of section 120.16, division (E) of	44827
section 120.26, or section 2941.51 of the Revised Code;	44828

(2) The right to have independent expert evaluation and to	44829
have that independent expert evaluation provided at public expense	44830
if the person is indigent;	44831

(3) The right to subpoena witnesses and documents, to present	44832
evidence on the person's behalf, and to cross-examine witnesses	44833
against the person;	44834

(4) The right to testify in the person's own behalf and to	44835
not be compelled to testify;	44836

(5) The right to have copies of any relevant medical or	44837
mental health document in the custody of the state or of any place	44838
of commitment other than a document for which the court finds that	44839
the release to the person of information contained in the document	44840
would create a substantial risk of harm to any person.	44841

(D) The hearing under division (A) of this section shall be	44842
open to the public, and the court shall conduct the hearing in	44843
accordance with the Rules of Civil Procedure. The court shall make	44844
and maintain a full transcript and record of the hearing	44845
proceedings. The court may consider all relevant evidence,	44846
including, but not limited to, any relevant psychiatric,	44847
psychological, or medical testimony or reports, the acts	44848
constituting the offense in relation to which the person was found	44849
not guilty by reason of insanity, and any history of the person	44850
that is relevant to the person's ability to conform to the law.	44851

(E) Upon completion of the hearing under division (A) of this	44852
section, if the court finds there is not clear and convincing	44853
evidence that the person is a mentally ill person subject to	44854
hospitalization by court order or a mentally retarded person	44855
subject to institutionalization by court order, the court shall	44856
discharge the person, unless a detainer has been placed upon the	44857
person by the department of rehabilitation and correction, in	44858
which case the person shall be returned to that department.	44859

(F) If, at the hearing under division (A) of this section,	44860
the court finds by clear and convincing evidence that the person	44861
is a mentally ill person subject to hospitalization by court	44862
order, the court shall commit the person either to the department	44863
of ~~mental health~~mental health and addiction services for	44864
treatment in a hospital, facility, or agency as determined	44865
clinically appropriate by the department of ~~mental health~~mental	44866
health and addiction services or to another medical or psychiatric	44867
facility, as appropriate. Prior to placing the defendant, the	44868
department of ~~mental health~~mental health and addiction services	44869
shall obtain court approval for that placement. If, at the hearing	44870
under division (A) of this section, the court determines by clear	44871
and convincing evidence that the person requires treatment for	44872
mental retardation, it shall commit the person to a facility	44873
operated by the department of developmental disabilities or	44874
another facility, as appropriate. Further proceedings shall be in	44875
accordance with sections 2945.401 and 2945.402 of the Revised	44876
Code. In determining the place of commitment, the court shall	44877
consider the extent to which the person is a danger to the person	44878
and to others, the need for security, and the type of crime	44879
involved and shall order the least restrictive alternative	44880
available that is consistent with public safety and the welfare of	44881
the person. In weighing these factors, the court shall give	44882
preference to protecting public safety.	44883

(G) If a court makes a commitment of a person under division	44884
(F) of this section, the prosecutor shall send to the hospital,	44885
facility, or agency where the person is placed by the department	44886
of ~~mental health~~mental health and addiction services or to the	44887
defendant's place of commitment all reports of the person's	44888
current mental condition, and, except as otherwise provided in	44889
this division, any other relevant information, including, but not	44890
limited to, a transcript of the hearing held pursuant to division	44891
(A) of this section, copies of relevant police reports, and copies	44892
of any prior arrest and conviction records that pertain to the	44893
person and that the prosecutor possesses. The prosecutor shall	44894
send the reports of the person's current mental condition in every	44895
case of commitment, and, unless the prosecutor determines that the	44896
release of any of the other relevant information to unauthorized	44897
persons would interfere with the effective prosecution of any	44898
person or would create a substantial risk of harm to any person,	44899
the prosecutor also shall send the other relevant information.	44900
Upon admission of a person committed under division (F) of this	44901
section, the place of commitment shall send to the board of	44902
alcohol, drug addiction, and mental health services or the	44903
community mental health board serving the county in which the	44904
charges against the person were filed a copy of all reports of the	44905
person's current mental condition and a copy of the other relevant	44906
information provided by the prosecutor under this division,	44907
including, if provided, a transcript of the hearing held pursuant	44908
to division (A) of this section, the relevant police reports, and	44909
the prior arrest and conviction records that pertain to the person	44910
and that the prosecutor possesses.	44911

(H) A person who is committed pursuant to this section shall	44912
not voluntarily admit the person or be voluntarily admitted to a	44913
hospital or institution pursuant to section 5122.02, 5122.15,	44914
5123.69, or 5123.76 of the Revised Code.	44915

Sec. 2945.401. (A) A defendant found incompetent to stand	44916
trial and committed pursuant to section 2945.39 of the Revised	44917
Code or a person found not guilty by reason of insanity and	44918
committed pursuant to section 2945.40 of the Revised Code shall	44919
remain subject to the jurisdiction of the trial court pursuant to	44920
that commitment, and to the provisions of this section, until the	44921
final termination of the commitment as described in division	44922
(J)(1) of this section. If the jurisdiction is terminated under	44923
this division because of the final termination of the commitment	44924
resulting from the expiration of the maximum prison term or term	44925
of imprisonment described in division (J)(1)(b) of this section,	44926
the court or prosecutor may file an affidavit for the civil	44927
commitment of the defendant or person pursuant to Chapter 5122. or	44928
5123. of the Revised Code.	44929

(B) A hearing conducted under any provision of sections	44930
2945.37 to 2945.402 of the Revised Code shall not be conducted in	44931
accordance with Chapters 5122. and 5123. of the Revised Code. Any	44932
person who is committed pursuant to section 2945.39 or 2945.40 of	44933
the Revised Code shall not voluntarily admit the person or be	44934
voluntarily admitted to a hospital or institution pursuant to	44935
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	44936
All other provisions of Chapters 5122. and 5123. of the Revised	44937
Code regarding hospitalization or institutionalization shall apply	44938
to the extent they are not in conflict with this chapter. A	44939
commitment under section 2945.39 or 2945.40 of the Revised Code	44940
shall not be terminated and the conditions of the commitment shall	44941
not be changed except as otherwise provided in division (D)(2) of	44942
this section with respect to a mentally retarded person subject to	44943
institutionalization by court order or except by order of the	44944
trial court.	44945

(C) The department of ~~mental health~~mental health and	44946
addiction services or the institution, facility, or program to	44947
which a defendant or person has been committed under section	44948
2945.39 or 2945.40 of the Revised Code shall report in writing to	44949
the trial court, at the times specified in this division, as to	44950
whether the defendant or person remains a mentally ill person	44951
subject to hospitalization by court order or a mentally retarded	44952
person subject to institutionalization by court order and, in the	44953
case of a defendant committed under section 2945.39 of the Revised	44954
Code, as to whether the defendant remains incompetent to stand	44955
trial. The department, institution, facility, or program shall	44956
make the reports after the initial six months of treatment and	44957
every two years after the initial report is made. The trial court	44958
shall provide copies of the reports to the prosecutor and to the	44959
counsel for the defendant or person. Within thirty days after its	44960
receipt pursuant to this division of a report from the department,	44961
institution, facility, or program, the trial court shall hold a	44962
hearing on the continued commitment of the defendant or person or	44963
on any changes in the conditions of the commitment of the	44964
defendant or person. The defendant or person may request a change	44965
in the conditions of confinement, and the trial court shall	44966
conduct a hearing on that request if six months or more have	44967
elapsed since the most recent hearing was conducted under this	44968
section.	44969

(D)(1) Except as otherwise provided in division (D)(2) of	44970
this section, when a defendant or person has been committed under	44971
section 2945.39 or 2945.40 of the Revised Code, at any time after	44972
evaluating the risks to public safety and the welfare of the	44973
defendant or person, the designee of the department of ~~mental~~	44974
~~health~~mental health and addiction services or the managing	44975
officer of the institution or director of the facility or program	44976
to which the defendant or person is committed may recommend a	44977
termination of the defendant's or person's commitment or a change	44978
in the conditions of the defendant's or person's commitment.	44979

Except as otherwise provided in division (D)(2) of this	44980
section, if the designee of the department of ~~mental health~~mental	44981
health and addiction services recommends on-grounds unsupervised	44982
movement, off-grounds supervised movement, or nonsecured status	44983
for the defendant or person or termination of the defendant's or	44984
person's commitment, the following provisions apply:	44985

(a) If the department's designee recommends on-grounds	44986
unsupervised movement or off-grounds supervised movement, the	44987
department's designee shall file with the trial court an	44988
application for approval of the movement and shall send a copy of	44989
the application to the prosecutor. Within fifteen days after	44990
receiving the application, the prosecutor may request a hearing on	44991
the application and, if a hearing is requested, shall so inform	44992
the department's designee. If the prosecutor does not request a	44993
hearing within the fifteen-day period, the trial court shall	44994
approve the application by entering its order approving the	44995
requested movement or, within five days after the expiration of	44996
the fifteen-day period, shall set a date for a hearing on the	44997
application. If the prosecutor requests a hearing on the	44998
application within the fifteen-day period, the trial court shall	44999
hold a hearing on the application within thirty days after the	45000
hearing is requested. If the trial court, within five days after	45001
the expiration of the fifteen-day period, sets a date for a	45002
hearing on the application, the trial court shall hold the hearing	45003
within thirty days after setting the hearing date. At least	45004
fifteen days before any hearing is held under this division, the	45005
trial court shall give the prosecutor written notice of the date,	45006
time, and place of the hearing. At the conclusion of each hearing	45007
conducted under this division, the trial court either shall	45008
approve or disapprove the application and shall enter its order	45009
accordingly.	45010

(b) If the department's designee recommends termination of	45011
the defendant's or person's commitment at any time or if the	45012
department's designee recommends the first of any nonsecured	45013
status for the defendant or person, the department's designee	45014
shall send written notice of this recommendation to the trial	45015
court and to the local forensic center. The local forensic center	45016
shall evaluate the committed defendant or person and, within	45017
thirty days after its receipt of the written notice, shall submit	45018
to the trial court and the department's designee a written report	45019
of the evaluation. The trial court shall provide a copy of the	45020
department's designee's written notice and of the local forensic	45021
center's written report to the prosecutor and to the counsel for	45022
the defendant or person. Upon the local forensic center's	45023
submission of the report to the trial court and the department's	45024
designee, all of the following apply:	45025

(i) If the forensic center disagrees with the recommendation	45026
of the department's designee, it shall inform the department's	45027
designee and the trial court of its decision and the reasons for	45028
the decision. The department's designee, after consideration of	45029
the forensic center's decision, shall either withdraw, proceed	45030
with, or modify and proceed with the recommendation. If the	45031
department's designee proceeds with, or modifies and proceeds	45032
with, the recommendation, the department's designee shall proceed	45033
in accordance with division (D)(1)(b)(iii) of this section.	45034

(ii) If the forensic center agrees with the recommendation of	45035
the department's designee, it shall inform the department's	45036
designee and the trial court of its decision and the reasons for	45037
the decision, and the department's designee shall proceed in	45038
accordance with division (D)(1)(b)(iii) of this section.	45039

(iii) If the forensic center disagrees with the	45040
recommendation of the department's designee and the department's	45041
designee proceeds with, or modifies and proceeds with, the	45042
recommendation or if the forensic center agrees with the	45043
recommendation of the department's designee, the department's	45044
designee shall work with community mental health ~~agencies~~services	45045
providers, programs, facilities, or boards of alcohol, drug	45046
addiction, and mental health services or community mental health	45047
boards to develop a plan to implement the recommendation. If the	45048
defendant or person is on medication, the plan shall include, but	45049
shall not be limited to, a system to monitor the defendant's or	45050
person's compliance with the prescribed medication treatment plan.	45051
The system shall include a schedule that clearly states when the	45052
defendant or person shall report for a medication compliance	45053
check. The medication compliance checks shall be based upon the	45054
effective duration of the prescribed medication, taking into	45055
account the route by which it is taken, and shall be scheduled at	45056
intervals sufficiently close together to detect a potential	45057
increase in mental illness symptoms that the medication is	45058
intended to prevent.	45059

The department's designee, after consultation with the board	45060
of alcohol, drug addiction, and mental health services or the	45061
community mental health board serving the area, shall send the	45062
recommendation and plan developed under division (D)(1)(b)(iii) of	45063
this section, in writing, to the trial court, the prosecutor, and	45064
the counsel for the committed defendant or person. The trial court	45065
shall conduct a hearing on the recommendation and plan developed	45066
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	45067
and (d) and (E) to (J) of this section apply regarding the	45068
hearing.	45069

(c) If the department's designee's recommendation is for	45070
nonsecured status or termination of commitment, the prosecutor may	45071
obtain an independent expert evaluation of the defendant's or	45072
person's mental condition, and the trial court may continue the	45073
hearing on the recommendation for a period of not more than thirty	45074
days to permit time for the evaluation.	45075

The prosecutor may introduce the evaluation report or present	45076
other evidence at the hearing in accordance with the Rules of	45077
Evidence.	45078

(d) The trial court shall schedule the hearing on a	45079
department's designee's recommendation for nonsecured status or	45080
termination of commitment and shall give reasonable notice to the	45081
prosecutor and the counsel for the defendant or person. Unless	45082
continued for independent evaluation at the prosecutor's request	45083
or for other good cause, the hearing shall be held within thirty	45084
days after the trial court's receipt of the recommendation and	45085
plan.	45086

(2)(a) Division (D)(1) of this section does not apply to	45087
on-grounds unsupervised movement of a defendant or person who has	45088
been committed under section 2945.39 or 2945.40 of the Revised	45089
Code, who is a mentally retarded person subject to	45090
institutionalization by court order, and who is being provided	45091
residential habilitation, care, and treatment in a facility	45092
operated by the department of developmental disabilities.	45093

(b) If, pursuant to section 2945.39 of the Revised Code, the	45094
trial court commits a defendant who is found incompetent to stand	45095
trial and who is a mentally retarded person subject to	45096
institutionalization by court order, if the defendant is being	45097
provided residential habilitation, care, and treatment in a	45098
facility operated by the department of developmental disabilities,	45099
if an individual who is conducting a survey for the department of	45100
health to determine the facility's compliance with the	45101
certification requirements of the medicaid program ~~under Chapter~~	45102
~~5111. of the Revised Code and Title XIX of the "Social Security~~	45103
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	45104
defendant's receipt of the residential habilitation, care, and	45105
treatment in the facility as being inappropriate under the	45106
certification requirements, if the defendant's receipt of the	45107
residential habilitation, care, and treatment in the facility	45108
potentially jeopardizes the facility's continued receipt of	45109
federal medicaid moneys, and if as a result of the citation the	45110
chief clinical officer of the facility determines that the	45111
conditions of the defendant's commitment should be changed, the	45112
department of developmental disabilities may cause the defendant	45113
to be removed from the particular facility and, after evaluating	45114
the risks to public safety and the welfare of the defendant and	45115
after determining whether another type of placement is consistent	45116
with the certification requirements, may place the defendant in	45117
another facility that the department selects as an appropriate	45118
facility for the defendant's continued receipt of residential	45119
habilitation, care, and treatment and that is a no less secure	45120
setting than the facility in which the defendant had been placed	45121
at the time of the citation. Within three days after the	45122
defendant's removal and alternative placement under the	45123
circumstances described in division (D)(2)(b) of this section, the	45124
department of developmental disabilities shall notify the trial	45125
court and the prosecutor in writing of the removal and alternative	45126
placement.	45127

The trial court shall set a date for a hearing on the removal	45128
and alternative placement, and the hearing shall be held within	45129
twenty-one days after the trial court's receipt of the notice from	45130
the department of developmental disabilities. At least ten days	45131
before the hearing is held, the trial court shall give the	45132
prosecutor, the department of developmental disabilities, and the	45133
counsel for the defendant written notice of the date, time, and	45134
place of the hearing. At the hearing, the trial court shall	45135
consider the citation issued by the individual who conducted the	45136
survey for the department of health to be prima-facie evidence of	45137
the fact that the defendant's commitment to the particular	45138
facility was inappropriate under the certification requirements of	45139
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	45140
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	45141
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	45142
particular facility's continued receipt of federal medicaid	45143
moneys. At the conclusion of the hearing, the trial court may	45144
approve or disapprove the defendant's removal and alternative	45145
placement. If the trial court approves the defendant's removal and	45146
alternative placement, the department of developmental	45147
disabilities may continue the defendant's alternative placement.	45148
If the trial court disapproves the defendant's removal and	45149
alternative placement, it shall enter an order modifying the	45150
defendant's removal and alternative placement, but that order	45151
shall not require the department of developmental disabilities to	45152
replace the defendant for purposes of continued residential	45153
habilitation, care, and treatment in the facility associated with	45154
the citation issued by the individual who conducted the survey for	45155
the department of health.	45156

(E) In making a determination under this section regarding	45157
nonsecured status or termination of commitment, the trial court	45158
shall consider all relevant factors, including, but not limited	45159
to, all of the following:	45160

(1) Whether, in the trial court's view, the defendant or	45161
person currently represents a substantial risk of physical harm to	45162
the defendant or person or others;	45163

(2) Psychiatric and medical testimony as to the current	45164
mental and physical condition of the defendant or person;	45165

(3) Whether the defendant or person has insight into the	45166
defendant's or person's condition so that the defendant or person	45167
will continue treatment as prescribed or seek professional	45168
assistance as needed;	45169

(4) The grounds upon which the state relies for the proposed	45170
commitment;	45171

(5) Any past history that is relevant to establish the	45172
defendant's or person's degree of conformity to the laws, rules,	45173
regulations, and values of society;	45174

(6) If there is evidence that the defendant's or person's	45175
mental illness is in a state of remission, the medically suggested	45176
cause and degree of the remission and the probability that the	45177
defendant or person will continue treatment to maintain the	45178
remissive state of the defendant's or person's illness should the	45179
defendant's or person's commitment conditions be altered.	45180

(F) At any hearing held pursuant to division (C) or (D)(1) or	45181
(2) of this section, the defendant or the person shall have all	45182
the rights of a defendant or person at a commitment hearing as	45183
described in section 2945.40 of the Revised Code.	45184

(G) In a hearing held pursuant to division (C) or (D)(1) of	45185
this section, the prosecutor has the burden of proof as follows:	45186

(1) For a recommendation of termination of commitment, to	45187
show by clear and convincing evidence that the defendant or person	45188
remains a mentally ill person subject to hospitalization by court	45189
order or a mentally retarded person subject to	45190
institutionalization by court order;	45191

(2) For a recommendation for a change in the conditions of	45192
the commitment to a less restrictive status, to show by clear and	45193
convincing evidence that the proposed change represents a threat	45194
to public safety or a threat to the safety of any person.	45195

(H) In a hearing held pursuant to division (C) or (D)(1) or	45196
(2) of this section, the prosecutor shall represent the state or	45197
the public interest.	45198

(I) At the conclusion of a hearing conducted under division	45199
(D)(1) of this section regarding a recommendation from the	45200
designee of the department of ~~mental health~~mental health and	45201
addiction services, managing officer of the institution, or	45202
director of a facility or program, the trial court may approve,	45203
disapprove, or modify the recommendation and shall enter an order	45204
accordingly.	45205

(J)(1) A defendant or person who has been committed pursuant	45206
to section 2945.39 or 2945.40 of the Revised Code continues to be	45207
under the jurisdiction of the trial court until the final	45208
termination of the commitment. For purposes of division (J) of	45209
this section, the final termination of a commitment occurs upon	45210
the earlier of one of the following:	45211

(a) The defendant or person no longer is a mentally ill	45212
person subject to hospitalization by court order or a mentally	45213
retarded person subject to institutionalization by court order, as	45214
determined by the trial court;	45215

(b) The expiration of the maximum prison term or term of	45216
imprisonment that the defendant or person could have received if	45217
the defendant or person had been convicted of the most serious	45218
offense with which the defendant or person is charged or in	45219
relation to which the defendant or person was found not guilty by	45220
reason of insanity;	45221

(c) The trial court enters an order terminating the	45222
commitment under the circumstances described in division	45223
(J)(2)(a)(ii) of this section.	45224

(2)(a) If a defendant is found incompetent to stand trial and	45225
committed pursuant to section 2945.39 of the Revised Code, if	45226
neither of the circumstances described in divisions (J)(1)(a) and	45227
(b) of this section applies to that defendant, and if a report	45228
filed with the trial court pursuant to division (C) of this	45229
section indicates that the defendant presently is competent to	45230
stand trial or if, at any other time during the period of the	45231
defendant's commitment, the prosecutor, the counsel for the	45232
defendant, or the designee of the department of ~~mental health~~	45233
mental health and addiction services or the managing officer of	45234
the institution or director of the facility or program to which	45235
the defendant is committed files an application with the trial	45236
court alleging that the defendant presently is competent to stand	45237
trial and requesting a hearing on the competency issue or the	45238
trial court otherwise has reasonable cause to believe that the	45239
defendant presently is competent to stand trial and determines on	45240
its own motion to hold a hearing on the competency issue, the	45241
trial court shall schedule a hearing on the competency of the	45242
defendant to stand trial, shall give the prosecutor, the counsel	45243
for the defendant, and the department's designee or the managing	45244
officer of the institution or the director of the facility to	45245
which the defendant is committed notice of the date, time, and	45246
place of the hearing at least fifteen days before the hearing, and	45247
shall conduct the hearing within thirty days of the filing of the	45248
application or of its own motion. If, at the conclusion of the	45249
hearing, the trial court determines that the defendant presently	45250
is capable of understanding the nature and objective of the	45251
proceedings against the defendant and of assisting in the	45252
defendant's defense, the trial court shall order that the	45253
defendant is competent to stand trial and shall be proceeded	45254
against as provided by law with respect to the applicable offenses	45255
described in division (C)(1) of section 2945.38 of the Revised	45256
Code and shall enter whichever of the following additional orders	45257
is appropriate:	45258

(i) If the trial court determines that the defendant remains	45259
a mentally ill person subject to hospitalization by court order or	45260
a mentally retarded person subject to institutionalization by	45261
court order, the trial court shall order that the defendant's	45262
commitment to the department of ~~mental health~~mental health and	45263
addiction services or to an institution, facility, or program for	45264
the treatment of mental retardation be continued during the	45265
pendency of the trial on the applicable offenses described in	45266
division (C)(1) of section 2945.38 of the Revised Code.	45267

(ii) If the trial court determines that the defendant no	45268
longer is a mentally ill person subject to hospitalization by	45269
court order or a mentally retarded person subject to	45270
institutionalization by court order, the trial court shall order	45271
that the defendant's commitment to the department of ~~mental health~~	45272
mental health and addiction services or to an institution,	45273
facility, or program for the treatment of mental retardation shall	45274
not be continued during the pendency of the trial on the	45275
applicable offenses described in division (C)(1) of section	45276
2945.38 of the Revised Code. This order shall be a final	45277
termination of the commitment for purposes of division (J)(1)(c)	45278
of this section.	45279

(b) If, at the conclusion of the hearing described in	45280
division (J)(2)(a) of this section, the trial court determines	45281
that the defendant remains incapable of understanding the nature	45282
and objective of the proceedings against the defendant or of	45283
assisting in the defendant's defense, the trial court shall order	45284
that the defendant continues to be incompetent to stand trial,	45285
that the defendant's commitment to the department of ~~mental health~~	45286
mental health and addiction services or to an institution,	45287
facility, or program for the treatment of mental retardation shall	45288
be continued, and that the defendant remains subject to the	45289
jurisdiction of the trial court pursuant to that commitment, and	45290
to the provisions of this section, until the final termination of	45291
the commitment as described in division (J)(1) of this section.	45292

Sec. 2951.041. (A)(1) If an offender is charged with a	45293
criminal offense, including but not limited to a violation of	45294
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	45295
the Revised Code, and the court has reason to believe that drug or	45296
alcohol usage by the offender was a factor leading to the criminal	45297
offense with which the offender is charged or that, at the time of	45298
committing that offense, the offender had a mental illness or was	45299
a person with intellectual disability and that the mental illness	45300
or status as a person with intellectual disability was a factor	45301
leading to the offender's criminal behavior, the court may accept,	45302
prior to the entry of a guilty plea, the offender's request for	45303
intervention in lieu of conviction. The request shall include a	45304
statement from the offender as to whether the offender is alleging	45305
that drug or alcohol usage by the offender was a factor leading to	45306
the criminal offense with which the offender is charged or is	45307
alleging that, at the time of committing that offense, the	45308
offender had a mental illness or was a person with intellectual	45309
disability and that the mental illness or status as a person with	45310
intellectual disability was a factor leading to the criminal	45311
offense with which the offender is charged. The request also shall	45312
include a waiver of the defendant's right to a speedy trial, the	45313
preliminary hearing, the time period within which the grand jury	45314
may consider an indictment against the offender, and arraignment,	45315
unless the hearing, indictment, or arraignment has already	45316
occurred. The court may reject an offender's request without a	45317
hearing. If the court elects to consider an offender's request,	45318
the court shall conduct a hearing to determine whether the	45319
offender is eligible under this section for intervention in lieu	45320
of conviction and shall stay all criminal proceedings pending the	45321
outcome of the hearing. If the court schedules a hearing, the	45322
court shall order an assessment of the offender for the purpose of	45323
determining the offender's eligibility for intervention in lieu of	45324
conviction and recommending an appropriate intervention plan.	45325

If the offender alleges that drug or alcohol usage by the	45326
offender was a factor leading to the criminal offense with which	45327
the offender is charged, the court may order that the offender be	45328
assessed by ~~a program~~an addiction services provider certified	45329
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	45330
properly credentialed professional for the purpose of determining	45331
the offender's eligibility for intervention in lieu of conviction	45332
and recommending an appropriate intervention plan. The ~~program~~	45333
addiction services provider or the properly credentialed	45334
professional shall provide a written assessment of the offender to	45335
the court.	45336

(2) The victim notification provisions of division (C) of	45337
section 2930.08 of the Revised Code apply in relation to any	45338
hearing held under division (A)(1) of this section.	45339

(B) An offender is eligible for intervention in lieu of	45340
conviction if the court finds all of the following:	45341

(1) The offender previously has not been convicted of or	45342
pleaded guilty to a felony offense of violence or previously has	45343
been convicted of or pleaded guilty to any felony that is not an	45344
offense of violence and the prosecuting attorney recommends that	45345
the offender be found eligible for participation in intervention	45346
in lieu of treatment under this section, previously has not been	45347
through intervention in lieu of conviction under this section or	45348
any similar regimen, and is charged with a felony for which the	45349
court, upon conviction, would impose a community control sanction	45350
on the offender under division (B)(2) of section 2929.13 of the	45351
Revised Code or with a misdemeanor.	45352

(2) The offense is not a felony of the first, second, or	45353
third degree, is not an offense of violence, is not a violation of	45354
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	45355
not a violation of division (A)(1) of section 2903.08 of the	45356
Revised Code, is not a violation of division (A) of section	45357
4511.19 of the Revised Code or a municipal ordinance that is	45358
substantially similar to that division, and is not an offense for	45359
which a sentencing court is required to impose a mandatory prison	45360
term, a mandatory term of local incarceration, or a mandatory term	45361
of imprisonment in a jail.	45362

(3) The offender is not charged with a violation of section	45363
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	45364
with a violation of section 2925.03 of the Revised Code that is a	45365
felony of the first, second, third, or fourth degree, and is not	45366
charged with a violation of section 2925.11 of the Revised Code	45367
that is a felony of the first, second, or third degree.	45368

(4) If an offender alleges that drug or alcohol usage by the	45369
offender was a factor leading to the criminal offense with which	45370
the offender is charged, the court has ordered that the offender	45371
be assessed by ~~a program~~an addiction services provider certified	45372
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	45373
properly credentialed professional for the purpose of determining	45374
the offender's eligibility for intervention in lieu of conviction	45375
and recommending an appropriate intervention plan, the offender	45376
has been assessed by ~~a program~~an addiction services provider of	45377
that nature or a properly credentialed professional in accordance	45378
with the court's order, and the ~~program~~addiction services	45379
provider or properly credentialed professional has filed the	45380
written assessment of the offender with the court.	45381

(5) If an offender alleges that, at the time of committing	45382
the criminal offense with which the offender is charged, the	45383
offender had a mental illness or was a person with intellectual	45384
disability and that the mental illness or status as a person with	45385
intellectual disability was a factor leading to that offense, the	45386
offender has been assessed by a psychiatrist, psychologist,	45387
independent social worker, or professional clinical counselor for	45388
the purpose of determining the offender's eligibility for	45389
intervention in lieu of conviction and recommending an appropriate	45390
intervention plan.	45391

(6) The offender's drug usage, alcohol usage, mental illness,	45392
or intellectual disability, whichever is applicable, was a factor	45393
leading to the criminal offense with which the offender is	45394
charged, intervention in lieu of conviction would not demean the	45395
seriousness of the offense, and intervention would substantially	45396
reduce the likelihood of any future criminal activity.	45397

(7) The alleged victim of the offense was not sixty-five	45398
years of age or older, permanently and totally disabled, under	45399
thirteen years of age, or a peace officer engaged in the officer's	45400
official duties at the time of the alleged offense.	45401

(8) If the offender is charged with a violation of section	45402
2925.24 of the Revised Code, the alleged violation did not result	45403
in physical harm to any person, and the offender previously has	45404
not been treated for drug abuse.	45405

(9) The offender is willing to comply with all terms and	45406
conditions imposed by the court pursuant to division (D) of this	45407
section.	45408

(10) The offender is not charged with an offense that would	45409
result in the offender being disqualified under Chapter 4506. of	45410
the Revised Code from operating a commercial motor vehicle or	45411
would subject the offender to any other sanction under that	45412
chapter.	45413

(C) At the conclusion of a hearing held pursuant to division	45414
(A) of this section, the court shall enter its determination as to	45415
whether the offender is eligible for intervention in lieu of	45416
conviction and as to whether to grant the offender's request. If	45417
the court finds under division (B) of this section that the	45418
offender is eligible for intervention in lieu of conviction and	45419
grants the offender's request, the court shall accept the	45420
offender's plea of guilty and waiver of the defendant's right to a	45421
speedy trial, the preliminary hearing, the time period within	45422
which the grand jury may consider an indictment against the	45423
offender, and arraignment, unless the hearing, indictment, or	45424
arraignment has already occurred. In addition, the court then may	45425
stay all criminal proceedings and order the offender to comply	45426
with all terms and conditions imposed by the court pursuant to	45427
division (D) of this section. If the court finds that the offender	45428
is not eligible or does not grant the offender's request, the	45429
criminal proceedings against the offender shall proceed as if the	45430
offender's request for intervention in lieu of conviction had not	45431
been made.	45432

(D) If the court grants an offender's request for	45433
intervention in lieu of conviction, the court shall place the	45434
offender under the general control and supervision of the county	45435
probation department, the adult parole authority, or another	45436
appropriate local probation or court services agency, if one	45437
exists, as if the offender was subject to a community control	45438
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	45439
Revised Code. The court shall establish an intervention plan for	45440
the offender. The terms and conditions of the intervention plan	45441
shall require the offender, for at least one year from the date on	45442
which the court grants the order of intervention in lieu of	45443
conviction, to abstain from the use of illegal drugs and alcohol,	45444
to participate in treatment and recovery support services, and to	45445
submit to regular random testing for drug and alcohol use and may	45446
include any other treatment terms and conditions, or terms and	45447
conditions similar to community control sanctions, which may	45448
include community service or restitution, that are ordered by the	45449
court.	45450

(E) If the court grants an offender's request for	45451
intervention in lieu of conviction and the court finds that the	45452
offender has successfully completed the intervention plan for the	45453
offender, including the requirement that the offender abstain from	45454
using illegal drugs and alcohol for a period of at least one year	45455
from the date on which the court granted the order of intervention	45456
in lieu of conviction, the requirement that the offender	45457
participate in treatment and recovery support services, and all	45458
other terms and conditions ordered by the court, the court shall	45459
dismiss the proceedings against the offender. Successful	45460
completion of the intervention plan and period of abstinence under	45461
this section shall be without adjudication of guilt and is not a	45462
criminal conviction for purposes of any disqualification or	45463
disability imposed by law and upon conviction of a crime, and the	45464
court may order the sealing of records related to the offense in	45465
question in the manner provided in sections 2953.31 to 2953.36 of	45466
the Revised Code.	45467

(F) If the court grants an offender's request for	45468
intervention in lieu of conviction and the offender fails to	45469
comply with any term or condition imposed as part of the	45470
intervention plan for the offender, the supervising authority for	45471
the offender promptly shall advise the court of this failure, and	45472
the court shall hold a hearing to determine whether the offender	45473
failed to comply with any term or condition imposed as part of the	45474
plan. If the court determines that the offender has failed to	45475
comply with any of those terms and conditions, it shall enter a	45476
finding of guilty and shall impose an appropriate sanction under	45477
Chapter 2929. of the Revised Code. If the court sentences the	45478
offender to a prison term, the court, after consulting with the	45479
department of rehabilitation and correction regarding the	45480
availability of services, may order continued court-supervised	45481
activity and treatment of the offender during the prison term and,	45482
upon consideration of reports received from the department	45483
concerning the offender's progress in the program of activity and	45484
treatment, may consider judicial release under section 2929.20 of	45485
the Revised Code.	45486

(G) As used in this section:

45487

(1) "Community control sanction" has the same meaning as in	45488
section 2929.01 of the Revised Code.	45489

(2) "Intervention in lieu of conviction" means any	45490
court-supervised activity that complies with this section.	45491

(3) "Peace officer" has the same meaning as in section	45492
2935.01 of the Revised Code.	45493

(4) "Mental illness" and "psychiatrist" have the same	45494
meanings as in section 5122.01 of the Revised Code.	45495

(5) "Person with intellectual disability" means a person	45496
having significantly subaverage general intellectual functioning	45497
existing concurrently with deficiencies in adaptive behavior,	45498
manifested during the developmental period.	45499

(6) "Psychologist" has the same meaning as in section 4732.01	45500
of the Revised Code.	45501

(H) Whenever the term "mentally retarded person" is used in	45502
any statute, rule, contract, grant, or other document, the	45503
reference shall be deemed to include a "person with intellectual	45504
disability," as defined in this section.	45505

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	45506
of the Revised Code, an eligible offender may apply to the	45507
sentencing court if convicted in this state, or to a court of	45508
common pleas if convicted in another state or in a federal court,	45509
for the sealing of the conviction record. Application may be made	45510
at the expiration of three years after the offender's final	45511
discharge if convicted of a felony, or at the expiration of one	45512
year after the offender's final discharge if convicted of a	45513
misdemeanor.	45514

(2) Any person who has been arrested for any misdemeanor	45515
offense and who has effected a bail forfeiture may apply to the	45516
court in which the misdemeanor criminal case was pending when bail	45517
was forfeited for the sealing of the record of the case. Except as	45518
provided in section 2953.61 of the Revised Code, the application	45519
may be filed at any time after the expiration of one year from the	45520
date on which the bail forfeiture was entered upon the minutes of	45521
the court or the journal, whichever entry occurs first.	45522

(B) Upon the filing of an application under this section, the	45523
court shall set a date for a hearing and shall notify the	45524
prosecutor for the case of the hearing on the application. The	45525
prosecutor may object to the granting of the application by filing	45526
an objection with the court prior to the date set for the hearing.	45527
The prosecutor shall specify in the objection the reasons for	45528
believing a denial of the application is justified. The court	45529
shall direct its regular probation officer, a state probation	45530
officer, or the department of probation of the county in which the	45531
applicant resides to make inquiries and written reports as the	45532
court requires concerning the applicant. If the applicant was	45533
convicted of or pleaded guilty to a violation of division (A)(2)	45534
or (B) of section 2919.21 of the Revised Code, the probation	45535
officer or county department of probation that the court directed	45536
to make inquiries concerning the applicant shall contact the child	45537
support enforcement agency enforcing the applicant's obligations	45538
under the child support order to inquire about the offender's	45539
compliance with the child support order.	45540

(C)(1) The court shall do each of the following:

45541

(a) Determine whether the applicant is an eligible offender	45542
or whether the forfeiture of bail was agreed to by the applicant	45543
and the prosecutor in the case. If the applicant applies as an	45544
eligible offender pursuant to division (A)(1) of this section and	45545
has two or three convictions that result from the same indictment,	45546
information, or complaint, from the same plea of guilty, or from	45547
the same official proceeding, and result from related criminal	45548
acts that were committed within a three-month period but do not	45549
result from the same act or from offenses committed at the same	45550
time, in making its determination under this division, the court	45551
initially shall determine whether it is not in the public interest	45552
for the two or three convictions to be counted as one conviction.	45553
If the court determines that it is not in the public interest for	45554
the two or three convictions to be counted as one conviction, the	45555
court shall determine that the applicant is not an eligible	45556
offender; if the court does not make that determination, the court	45557
shall determine that the offender is an eligible offender.	45558

(b) Determine whether criminal proceedings are pending	45559
against the applicant;	45560

(c) If the applicant is an eligible offender who applies	45561
pursuant to division (A)(1) of this section, determine whether the	45562
applicant has been rehabilitated to the satisfaction of the court;	45563

(d) If the prosecutor has filed an objection in accordance	45564
with division (B) of this section, consider the reasons against	45565
granting the application specified by the prosecutor in the	45566
objection;	45567

(e) Weigh the interests of the applicant in having the	45568
records pertaining to the applicant's conviction sealed against	45569
the legitimate needs, if any, of the government to maintain those	45570
records.	45571

(2) If the court determines, after complying with division	45572
(C)(1) of this section, that the applicant is an eligible offender	45573
or the subject of a bail forfeiture, that no criminal proceeding	45574
is pending against the applicant, and that the interests of the	45575
applicant in having the records pertaining to the applicant's	45576
conviction or bail forfeiture sealed are not outweighed by any	45577
legitimate governmental needs to maintain those records, and that	45578
the rehabilitation of an applicant who is an eligible offender	45579
applying pursuant to division (A)(1) of this section has been	45580
attained to the satisfaction of the court, the court, except as	45581
provided in divisions (G) and (H) of this section, shall order all	45582
official records pertaining to the case sealed and, except as	45583
provided in division (F) of this section, all index references to	45584
the case deleted and, in the case of bail forfeitures, shall	45585
dismiss the charges in the case. The proceedings in the case shall	45586
be considered not to have occurred and the conviction or bail	45587
forfeiture of the person who is the subject of the proceedings	45588
shall be sealed, except that upon conviction of a subsequent	45589
offense, the sealed record of prior conviction or bail forfeiture	45590
may be considered by the court in determining the sentence or	45591
other appropriate disposition, including the relief provided for	45592
in sections 2953.31 to 2953.33 of the Revised Code.	45593

(3) Upon the filing of an application under this section, the	45594
applicant, unless indigent, shall pay a fee of fifty dollars. The	45595
court shall pay thirty dollars of the fee into the state treasury.	45596
It shall pay twenty dollars of the fee into the county general	45597
revenue fund if the sealed conviction or bail forfeiture was	45598
pursuant to a state statute, or into the general revenue fund of	45599
the municipal corporation involved if the sealed conviction or	45600
bail forfeiture was pursuant to a municipal ordinance.	45601

(D) Inspection of the sealed records included in the order	45602
may be made only by the following persons or for the following	45603
purposes:	45604

(1) By a law enforcement officer or prosecutor, or the	45605
assistants of either, to determine whether the nature and	45606
character of the offense with which a person is to be charged	45607
would be affected by virtue of the person's previously having been	45608
convicted of a crime;	45609

(2) By the parole or probation officer of the person who is	45610
the subject of the records, for the exclusive use of the officer	45611
in supervising the person while on parole or under a community	45612
control sanction or a post-release control sanction, and in making	45613
inquiries and written reports as requested by the court or adult	45614
parole authority;	45615

(3) Upon application by the person who is the subject of the	45616
records, by the persons named in the application;	45617

(4) By a law enforcement officer who was involved in the	45618
case, for use in the officer's defense of a civil action arising	45619
out of the officer's involvement in that case;	45620

(5) By a prosecuting attorney or the prosecuting attorney's	45621
assistants, to determine a defendant's eligibility to enter a	45622
pre-trial diversion program established pursuant to section	45623
2935.36 of the Revised Code;	45624

(6) By any law enforcement agency or any authorized employee	45625
of a law enforcement agency or by the department of rehabilitation	45626
and correction as part of a background investigation of a person	45627
who applies for employment with the agency as a law enforcement	45628
officer or with the department as a corrections officer;	45629

(7) By any law enforcement agency or any authorized employee	45630
of a law enforcement agency, for the purposes set forth in, and in	45631
the manner provided in, section 2953.321 of the Revised Code;	45632

(8) By the bureau of criminal identification and	45633
investigation or any authorized employee of the bureau for the	45634
purpose of providing information to a board or person pursuant to	45635
division (F) or (G) of section 109.57 of the Revised Code;	45636

(9) By the bureau of criminal identification and	45637
investigation or any authorized employee of the bureau for the	45638
purpose of performing a criminal history records check on a person	45639
to whom a certificate as prescribed in section 109.77 of the	45640
Revised Code is to be awarded;	45641

(10) By the bureau of criminal identification and	45642
investigation or any authorized employee of the bureau for the	45643
purpose of conducting a criminal records check of an individual	45644
pursuant to division (B) of section 109.572 of the Revised Code	45645
that was requested pursuant to any of the sections identified in	45646
division (B)(1) of that section;	45647

(11) By the bureau of criminal identification and	45648
investigation, an authorized employee of the bureau, a sheriff, or	45649
an authorized employee of a sheriff in connection with a criminal	45650
records check described in section 311.41 of the Revised Code;	45651

(12) By the attorney general or an authorized employee of the	45652
attorney general or a court for purposes of determining a person's	45653
classification pursuant to Chapter 2950. of the Revised Code;	45654

(13) By a prosecuting attorney or the attorney general, or	45655
the assistants of either, for purposes of defending or	45656
participating in a civil action brought pursuant to division	45657
(B)(1) of section 2743.48 of the Revised Code.	45658

When the nature and character of the offense with which a	45659
person is to be charged would be affected by the information, it	45660
may be used for the purpose of charging the person with an	45661
offense.	45662

(E) In any criminal proceeding, proof of any otherwise	45663
admissible prior conviction may be introduced and proved,	45664
notwithstanding the fact that for any such prior conviction an	45665
order of sealing previously was issued pursuant to sections	45666
2953.31 to 2953.36 of the Revised Code.	45667

(F) The person or governmental agency, office, or department	45668
that maintains sealed records pertaining to convictions or bail	45669
forfeitures that have been sealed pursuant to this section may	45670
maintain a manual or computerized index to the sealed records. The	45671
index shall contain only the name of, and alphanumeric identifiers	45672
that relate to, the persons who are the subject of the sealed	45673
records, the word "sealed," and the name of the person, agency,	45674
office, or department that has custody of the sealed records, and	45675
shall not contain the name of the crime committed. The index shall	45676
be made available by the person who has custody of the sealed	45677
records only for the purposes set forth in divisions (C), (D), and	45678
(E) of this section.	45679

(G) Notwithstanding any provision of this section or section	45680
2953.33 of the Revised Code that requires otherwise, a board of	45681
education of a city, local, exempted village, or joint vocational	45682
school district that maintains records of an individual who has	45683
been permanently excluded under sections 3301.121 and 3313.662 of	45684
the Revised Code is permitted to maintain records regarding a	45685
conviction that was used as the basis for the individual's	45686
permanent exclusion, regardless of a court order to seal the	45687
record. An order issued under this section to seal the record of a	45688
conviction does not revoke the adjudication order of the	45689
superintendent of public instruction to permanently exclude the	45690
individual who is the subject of the sealing order. An order	45691
issued under this section to seal the record of a conviction of an	45692
individual may be presented to a district superintendent as	45693
evidence to support the contention that the superintendent should	45694
recommend that the permanent exclusion of the individual who is	45695
the subject of the sealing order be revoked. Except as otherwise	45696
authorized by this division and sections 3301.121 and 3313.662 of	45697
the Revised Code, any school employee in possession of or having	45698
access to the sealed conviction records of an individual that were	45699
the basis of a permanent exclusion of the individual is subject to	45700
section 2953.35 of the Revised Code.	45701

(H) For purposes of sections 2953.31 to 2953.36 of the	45702
Revised Code, DNA records collected in the DNA database and	45703
fingerprints filed for record by the superintendent of the bureau	45704
of criminal identification and investigation shall not be sealed	45705
unless the superintendent receives a certified copy of a final	45706
court order establishing that the offender's conviction has been	45707
overturned. For purposes of this section, a court order is not	45708
"final" if time remains for an appeal or application for	45709
discretionary review with respect to the order.	45710

Sec. 2967.22. Whenever it is brought to the attention of the	45711
adult parole authority or a department of probation that a	45712
parolee, person under a community control sanction, person under	45713
transitional control, or releasee appears to be a mentally ill	45714
person subject to hospitalization by court order, as defined in	45715
section 5122.01 of the Revised Code, or a mentally retarded person	45716
subject to institutionalization by court order, as defined in	45717
section 5123.01 of the Revised Code, the parole or probation	45718
officer, subject to the approval of the chief of the adult parole	45719
authority, the designee of the chief of the adult parole	45720
authority, or the chief probation officer, may file an affidavit	45721
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	45722
person under a community control sanction, or releasee who is	45723
involuntarily detained under Chapter 5122. or 5123. of the Revised	45724
Code shall receive credit against the period of parole or	45725
community control or the term of post-release control for the	45726
period of involuntary detention.	45727

If a parolee, person under a community control sanction,	45728
person under transitional control, or releasee escapes from an	45729
institution or facility within the department of ~~mental health~~	45730
mental health and addiction services or the department of	45731
developmental disabilities, the superintendent of the institution	45732
immediately shall notify the chief of the adult parole authority	45733
or the chief probation officer. Notwithstanding the provisions of	45734
section 5122.26 of the Revised Code, the procedure for the	45735
apprehension, detention, and return of the parolee, person under a	45736
community control sanction, person under transitional control, or	45737
releasee is the same as that provided for the apprehension,	45738
detention, and return of persons who escape from institutions	45739
operated by the department of rehabilitation and correction. If	45740
the escaped parolee, person under transitional control, or	45741
releasee is not apprehended and returned to the custody of the	45742
department of ~~mental health~~mental health and addiction services	45743
or the department of developmental disabilities within ninety days	45744
after the escape, the parolee, person under transitional control,	45745
or releasee shall be discharged from the custody of the department	45746
of ~~mental health~~mental health and addiction services or the	45747
department of developmental disabilities and returned to the	45748
custody of the department of rehabilitation and correction. If the	45749
escaped person under a community control sanction is not	45750
apprehended and returned to the custody of the department of	45751
~~mental health~~mental health and addiction services or the	45752
department of developmental disabilities within ninety days after	45753
the escape, the person under a community control sanction shall be	45754
discharged from the custody of the department of ~~mental health~~	45755
mental health and addiction services or the department of	45756
developmental disabilities and returned to the custody of the	45757
court that sentenced that person.	45758

Sec. 2981.01. (A) Forfeitures under this chapter shall be	45759
governed by all of the following purposes:	45760

(1) To provide economic disincentives and remedies to deter	45761
and offset the economic effect of offenses by seizing and	45762
forfeiting contraband, proceeds, and certain instrumentalities;	45763

(2) To ensure that seizures and forfeitures of	45764
instrumentalities are proportionate to the offense committed;	45765

(3) To protect third parties from wrongful forfeiture of	45766
their property;	45767

(4) To prioritize restitution for victims of offenses.

45768

(B) As used in this chapter:

45769

(1) "Aircraft" has the same meaning as in section 4561.01 of	45770
the Revised Code.	45771

(2) "Computers," "computer networks," "computer systems,"	45772
"computer software," and "telecommunications device" have the same	45773
meanings as in section 2913.01 of the Revised Code.	45774

(3) "Financial institution" means a bank, credit union,	45775
savings and loan association, or a licensee or registrant under	45776
Chapter 1321. of the Revised Code.	45777

(4) "Firearm" and "dangerous ordnance" have the same meanings	45778
as in section 2923.11 of the Revised Code.	45779

(5) "Innocent person" includes any bona fide purchaser of	45780
property that is subject to forfeiture, including any person who	45781
establishes a valid claim to or interest in the property in	45782
accordance with section 2923.04 of the Revised Code, and any	45783
victim of an alleged offense.	45784

(6) "Instrumentality" means property otherwise lawful to	45785
possess that is used in or intended to be used in an offense. An	45786
"instrumentality" may include, but is not limited to, a firearm, a	45787
mobile instrumentality, a computer, a computer network, a computer	45788
system, computer software, a telecommunications device, money, and	45789
any other means of exchange.	45790

(7) "Law enforcement agency" includes, but is not limited to,	45791
the state board of pharmacy, the enforcement division of the	45792
department of taxation, the Ohio casino control commission, and	45793
the office of the prosecutor.	45794

(8) "Mobile instrumentality" means an instrumentality that is	45795
inherently mobile and used in the routine transport of persons.	45796
"Mobile instrumentality" includes, but is not limited to, any	45797
vehicle, any watercraft, and any aircraft.	45798

(9) "Money" has the same meaning as in section 1301.201 of	45799
the Revised Code.	45800

(10) "Offense" means any act or omission that could be	45801
charged as a criminal offense or a delinquent act, whether or not	45802
a formal criminal prosecution or delinquent child proceeding began	45803
at the time the forfeiture is initiated. Except as otherwise	45804
specified, an offense for which property may be forfeited includes	45805
any felony and any misdemeanor. The commission of an "offense"	45806
includes the commission of a delinquent act.	45807

(11) "Proceeds" means both of the following:

45808

(a) In cases involving unlawful goods, services, or	45809
activities, "proceeds" means any property derived directly or	45810
indirectly from an offense. "Proceeds" may include, but is not	45811
limited to, money or any other means of exchange. "Proceeds" is	45812
not limited to the net gain or profit realized from the offense.	45813

(b) In cases involving lawful goods or services that are sold	45814
or provided in an unlawful manner, "proceeds" means the amount of	45815
money or other means of exchange acquired through the illegal	45816
transactions resulting in the forfeiture, less the direct costs	45817
lawfully incurred in providing the goods or services. The lawful	45818
costs deduction does not include any part of the overhead expenses	45819
of, or income taxes paid by, the entity providing the goods or	45820
services. The alleged offender or delinquent child has the burden	45821
to prove that any costs are lawfully incurred.	45822

(12) "Property" means "property" as defined in section	45823
2901.01 of the Revised Code and any benefit, privilege, claim,	45824
position, interest in an enterprise, or right derived, directly or	45825
indirectly, from the offense.	45826

(13) "Property subject to forfeiture" includes contraband and	45827
proceeds and may include instrumentalities as provided in this	45828
chapter.	45829

(14) "Prosecutor" has the same meaning as in section 2935.01	45830
of the Revised Code. When relevant, "prosecutor" also includes the	45831
attorney general.	45832

(15) "Vehicle" has the same meaning as in section 4501.01 of	45833
the Revised Code.	45834

(16) "Watercraft" has the same meaning as in section 1547.01	45835
of the Revised Code.	45836

(C) The penalties and procedures under Chapters 2923., 2925.,	45837
~~and~~ 2933., and 3772. of the Revised Code remain in effect to the	45838
extent that they do not conflict with this chapter.	45839

Sec. 2981.12. (A) Unclaimed or forfeited property in the	45840
custody of a law enforcement agency, other than property described	45841
in division (A)(2) of section 2981.11 of the Revised Code, shall	45842
be disposed of by order of any court of record that has	45843
territorial jurisdiction over the political subdivision that	45844
employs the law enforcement agency, as follows:	45845

(1) Drugs shall be disposed of pursuant to section 3719.11 of	45846
the Revised Code or placed in the custody of the secretary of the	45847
treasury of the United States for disposal or use for medical or	45848
scientific purposes under applicable federal law.	45849

(2) Firearms and dangerous ordnance suitable for police work	45850
may be given to a law enforcement agency for that purpose.	45851
Firearms suitable for sporting use or as museum pieces or	45852
collectors' items may be sold at public auction pursuant to	45853
division (B) of this section. The agency may sell other firearms	45854
and dangerous ordnance to a federally licensed firearms dealer in	45855
a manner that the court considers proper. The agency shall destroy	45856
any firearms or dangerous ordnance not given to a law enforcement	45857
agency or sold or shall send them to the bureau of criminal	45858
identification and investigation for destruction by the bureau.	45859

(3) Obscene materials shall be destroyed.

45860

(4) Beer, intoxicating liquor, or alcohol seized from a	45861
person who does not hold a permit issued under Chapters 4301. and	45862
4303. of the Revised Code or otherwise forfeited to the state for	45863
an offense under section 4301.45 or 4301.53 of the Revised Code	45864
shall be sold by the division of liquor control if the division	45865
determines that it is fit for sale or shall be placed in the	45866
custody of the investigations unit in the department of public	45867
safety and be used for training relating to law enforcement	45868
activities. The department, with the assistance of the division of	45869
liquor control, shall adopt rules in accordance with Chapter 119.	45870
of the Revised Code to provide for the distribution to state or	45871
local law enforcement agencies upon their request. If any tax	45872
imposed under Title XLIII of the Revised Code has not been paid in	45873
relation to the beer, intoxicating liquor, or alcohol, any moneys	45874
acquired from the sale shall first be used to pay the tax. All	45875
other money collected under this division shall be paid into the	45876
state treasury. Any beer, intoxicating liquor, or alcohol that the	45877
division determines to be unfit for sale shall be destroyed.	45878

(5) Money received by an inmate of a correctional institution	45879
from an unauthorized source or in an unauthorized manner shall be	45880
returned to the sender, if known, or deposited in the inmates'	45881
industrial and entertainment fund of the institution if the sender	45882
is not known.	45883

(6)(a) Any mobile instrumentality forfeited under this	45884
chapter may be given to the law enforcement agency that initially	45885
seized the mobile instrumentality for use in performing its	45886
duties, if the agency wants the mobile instrumentality. The agency	45887
shall take the mobile instrumentality subject to any security	45888
interest or lien on the mobile instrumentality.	45889

(b) Vehicles and vehicle parts forfeited under sections	45890
4549.61 to 4549.63 of the Revised Code may be given to a law	45891
enforcement agency for use in performing its duties. Those parts	45892
may be incorporated into any other official vehicle. Parts that do	45893
not bear vehicle identification numbers or derivatives of them may	45894
be sold or disposed of as provided by rules of the director of	45895
public safety. Parts from which a vehicle identification number or	45896
derivative of it has been removed, defaced, covered, altered, or	45897
destroyed and that are not suitable for police work or	45898
incorporation into an official vehicle shall be destroyed and sold	45899
as junk or scrap.	45900

(7) Computers, computer networks, computer systems, and	45901
computer software suitable for police work may be given to a law	45902
enforcement agency for that purpose or disposed of under division	45903
(B) of this section.	45904

(8) Money seized in connection with a violation of section	45905
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	45906
deposited in the victims of human trafficking fund created by	45907
section 5101.87 of the Revised Code.	45908

(B) Unclaimed or forfeited property that is not described in	45909
division (A) of this section or division (A)(2) of section 2981.11	45910
of the Revised Code, with court approval, may be used by the law	45911
enforcement agency in possession of it. If it is not used by the	45912
agency, it may be sold without appraisal at a public auction to	45913
the highest bidder for cash or disposed of in another manner that	45914
the court considers proper.	45915

(C) Except as provided in divisions (A) and (F) of this	45916
section and after compliance with division (D) of this section	45917
when applicable, any moneys acquired from the sale of property	45918
disposed of pursuant to this section shall be placed in the	45919
general revenue fund of the state, or the general fund of the	45920
county, the township, or the municipal corporation of which the	45921
law enforcement agency involved is an agency.	45922

(D) If the property was in the possession of the law	45923
enforcement agency in relation to a delinquent child proceeding in	45924
a juvenile court, ten per cent of any moneys acquired from the	45925
sale of property disposed of under this section shall be applied	45926
to one or more ~~alcohol and drug~~community addiction treatment	45927
~~programs~~services providers that are certified by the department	45928
of ~~alcohol and drug addiction services~~mental health and addiction	45929
services under section ~~3793.06~~5119.36 of the Revised Code. A	45930
juvenile court shall not specify a ~~program~~services provider,	45931
except as provided in this division, unless the ~~program~~services	45932
provider is in the same county as the court or in a contiguous	45933
county. If no certified ~~program~~services provider is located in	45934
any of those counties, the juvenile court may specify a certified	45935
~~program~~services provider anywhere in Ohio. The remaining ninety	45936
per cent of the proceeds or cash shall be applied as provided in	45937
division (C) of this section.	45938

Each ~~treatment program~~services provider that receives in any	45939
calendar year forfeited money under this division shall file an	45940
annual report for that year with the attorney general and with the	45941
court of common pleas and board of county commissioners of the	45942
county in which the ~~program~~services provider is located and of	45943
any other county from which the ~~program~~services provider received	45944
forfeited money. The ~~program~~services provider shall file the	45945
report on or before the first day of March in the calendar year	45946
following the calendar year in which the ~~program~~services provider	45947
received the money. The report shall include statistics on the	45948
number of persons the ~~program~~services provider served, identify	45949
the types of treatment services it provided to them, and include a	45950
specific accounting of the purposes for which it used the money so	45951
received. No information contained in the report shall identify,	45952
or enable a person to determine the identity of, any person served	45953
by the ~~program~~services provider.	45954

(E) Each certified ~~alcohol and drug~~community addiction	45955
~~treatment program~~services provider that receives in any calendar	45956
year money under this section or under section 2981.13 of the	45957
Revised Code as the result of a juvenile forfeiture order shall	45958
file an annual report for that calendar year with the attorney	45959
general and with the court of common pleas and board of county	45960
commissioners of the county in which the ~~program~~services provider	45961
is located and of any other county from which the ~~program~~services	45962
provider received the money. The ~~program~~services provider shall	45963
file the report on or before the first day of March in the	45964
calendar year following the year in which the ~~program~~services	45965
provider received the money. The report shall include statistics	45966
on the number of persons served with the money, identify the types	45967
of treatment services provided, and specifically account for how	45968
the money was used. No information in the report shall identify or	45969
enable a person to determine the identity of anyone served by the	45970
~~program~~services provider.	45971

As used in this division, "juvenile-related forfeiture order"	45972
means any forfeiture order issued by a juvenile court under	45973
section 2981.04 or 2981.05 of the Revised Code and any disposal of	45974
property ordered by a court under section 2981.11 of the Revised	45975
Code regarding property that was in the possession of a law	45976
enforcement agency in relation to a delinquent child proceeding in	45977
a juvenile court.	45978

(F) Each board of county commissioners that recognizes a	45979
citizens' reward program under section 9.92 of the Revised Code	45980
shall notify each law enforcement agency of that county and of a	45981
township or municipal corporation wholly located in that county of	45982
the recognition by filing a copy of its resolution conferring that	45983
recognition with each of those agencies. When the board recognizes	45984
a citizens' reward program and the county includes a part, but not	45985
all, of the territory of a municipal corporation, the board shall	45986
so notify the law enforcement agency of that municipal corporation	45987
of the recognition of the citizens' reward program only if the	45988
county contains the highest percentage of the municipal	45989
corporation's population.	45990

Upon being so notified, each law enforcement agency shall pay	45991
twenty-five per cent of any forfeited proceeds or cash derived	45992
from each sale of property disposed of pursuant to this section to	45993
the citizens' reward program for use exclusively to pay rewards.	45994
No part of the funds may be used to pay expenses associated with	45995
the program. If a citizens' reward program that operates in more	45996
than one county or in another state in addition to this state	45997
receives funds under this section, the funds shall be used to pay	45998
rewards only for tips and information to law enforcement agencies	45999
concerning offenses committed in the county from which the funds	46000
were received.	46001

Receiving funds under this section or section 2981.11 of the	46002
Revised Code does not make the citizens' reward program a	46003
governmental unit or public office for purposes of section 149.43	46004
of the Revised Code.	46005

(G) Any property forfeited under this chapter shall not be	46006
used to pay any fine imposed upon a person who is convicted of or	46007
pleads guilty to an underlying criminal offense or a different	46008
offense arising out of the same facts and circumstances.	46009

(H) Any moneys acquired from the sale of personal effects,	46010
tools, or other property seized because the personal effects,	46011
tools, or other property were used in the commission of a	46012
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	46013
Code or derived from the proceeds of the commission of a violation	46014
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	46015
disposed of pursuant to this section shall be placed in the	46016
victims of human trafficking fund created by section 5101.87 of	46017
the Revised Code.	46018

Sec. 2981.13. (A) Except as otherwise provided in this	46019
section, property ordered forfeited as contraband, proceeds, or an	46020
instrumentality pursuant to this chapter shall be disposed of,	46021
used, or sold pursuant to section 2981.12 of the Revised Code. If	46022
the property is to be sold under that section, the prosecutor	46023
shall cause notice of the proposed sale to be given in accordance	46024
with law.	46025

(B) If the contraband or instrumentality forfeited under this	46026
chapter is sold, any moneys acquired from a sale and any proceeds	46027
forfeited under this chapter shall be applied in the following	46028
order:	46029

(1) First, to pay costs incurred in the seizure, storage,	46030
maintenance, security, and sale of the property and in the	46031
forfeiture proceeding;	46032

(2) Second, in a criminal forfeiture case, to satisfy any	46033
restitution ordered to the victim of the offense or, in a civil	46034
forfeiture case, to satisfy any recovery ordered for the person	46035
harmed, unless paid from other assets;	46036

(3) Third, to pay the balance due on any security interest	46037
preserved under this chapter;	46038

(4) Fourth, apply the remaining amounts as follows:

46039

(a) If the forfeiture was ordered by a juvenile court, ten	46040
per cent to one or more certified alcohol and drug addiction	46041
treatment programs as provided in division (D) of section 2981.12	46042
of the Revised Code;	46043

(b) If the forfeiture was ordered in a juvenile court, ninety	46044
per cent, and if the forfeiture was ordered in a court other than	46045
a juvenile court, one hundred per cent to the law enforcement	46046
trust fund of the prosecutor and to the following fund supporting	46047
the law enforcement agency that substantially conducted the	46048
investigation: the law enforcement trust fund of the county	46049
sheriff, municipal corporation, township, or park district created	46050
under section 511.18 or 1545.01 of the Revised Code; the state	46051
highway patrol contraband, forfeiture, and other fund; the	46052
department of public safety investigative unit contraband,	46053
forfeiture, and other fund; the department of taxation enforcement	46054
fund; the board of pharmacy drug law enforcement fund created by	46055
division (B)(1) of section 4729.65 of the Revised Code; the	46056
medicaid fraud investigation and prosecution fund; the casino	46057
control commission enforcement fund created by section 3772.36 of	46058
the Revised Code; or the treasurer of state for deposit into the	46059
peace officer training commission fund if any other state law	46060
enforcement agency substantially conducted the investigation. In	46061
the case of property forfeited for medicaid fraud, any remaining	46062
amount shall be used by the attorney general to investigate and	46063
prosecute medicaid fraud offenses.	46064

If the prosecutor declines to accept any of the remaining	46065
amounts, the amounts shall be applied to the fund of the agency	46066
that substantially conducted the investigation.	46067

(c) If more than one law enforcement agency is substantially	46068
involved in the seizure of property forfeited under this chapter,	46069
the court ordering the forfeiture shall equitably divide the	46070
amounts, after calculating any distribution to the law enforcement	46071
trust fund of the prosecutor pursuant to division (B)(4) of this	46072
section, among the entities that the court determines were	46073
substantially involved in the seizure.	46074

(C)(1) A law enforcement trust fund shall be established by	46075
the prosecutor of each county who intends to receive any remaining	46076
amounts pursuant to this section, by the sheriff of each county,	46077
by the legislative authority of each municipal corporation, by the	46078
board of township trustees of each township that has a township	46079
police department, township or joint police district police force,	46080
or office of the constable, and by the board of park commissioners	46081
of each park district created pursuant to section 511.18 or	46082
1545.01 of the Revised Code that has a park district police force	46083
or law enforcement department, for the purposes of this section.	46084

There is hereby created in the state treasury the state	46085
highway patrol contraband, forfeiture, and other fund, the	46086
department of public safety investigative unit contraband,	46087
forfeiture, and other fund, the medicaid fraud investigation and	46088
prosecution fund, the department of taxation enforcement fund, and	46089
the peace officer training commission fund, for the purposes of	46090
this section.	46091

Amounts distributed to any municipal corporation, township,	46092
or park district law enforcement trust fund shall be allocated	46093
from the fund by the legislative authority only to the police	46094
department of the municipal corporation, by the board of township	46095
trustees only to the township police department, township police	46096
district police force, or office of the constable, by the joint	46097
police district board only to the joint police district, and by	46098
the board of park commissioners only to the park district police	46099
force or law enforcement department.	46100

(2)(a) No amounts shall be allocated to a fund created under	46101
this section or used by an agency unless the agency has adopted a	46102
written internal control policy that addresses the use of moneys	46103
received from the appropriate fund. The appropriate fund shall be	46104
expended only in accordance with that policy and, subject to the	46105
requirements specified in this section, only for the following	46106
purposes:	46107

(i) To pay the costs of protracted or complex investigations	46108
or prosecutions;	46109

(ii) To provide reasonable technical training or expertise;

46110

(iii) To provide matching funds to obtain federal grants to	46111
aid law enforcement, in the support of DARE programs or other	46112
programs designed to educate adults or children with respect to	46113
the dangers associated with the use of drugs of abuse;	46114

(iv) To pay the costs of emergency action taken under section	46115
3745.13 of the Revised Code relative to the operation of an	46116
illegal methamphetamine laboratory if the forfeited property or	46117
money involved was that of a person responsible for the operation	46118
of the laboratory;	46119

(v) For other law enforcement purposes that the	46120
superintendent of the state highway patrol, department of public	46121
safety, prosecutor, county sheriff, legislative authority,	46122
department of taxation, Ohio casino control commission, board of	46123
township trustees, or board of park commissioners determines to be	46124
appropriate.	46125

(b) The board of pharmacy drug law enforcement fund shall be	46126
expended only in accordance with the written internal control	46127
policy so adopted by the board and only in accordance with section	46128
4729.65 of the Revised Code, except that it also may be expended	46129
to pay the costs of emergency action taken under section 3745.13	46130
of the Revised Code relative to the operation of an illegal	46131
methamphetamine laboratory if the forfeited property or money	46132
involved was that of a person responsible for the operation of the	46133
laboratory.	46134

(c) The state highway patrol contraband, forfeiture, and	46135
other fund, the department of public safety investigative unit	46136
contraband, forfeiture, and other fund, the department of taxation	46137
enforcement fund, the board of pharmacy drug law enforcement fund,	46138
the casino control commission enforcement fund, and a law	46139
enforcement trust fund shall not be used to meet the operating	46140
costs of the state highway patrol, of the investigative unit of	46141
the department of public safety, of the state board of pharmacy,	46142
of any political subdivision, of the Ohio casino control	46143
commission, or of any office of a prosecutor or county sheriff	46144
that are unrelated to law enforcement.	46145

(d) Forfeited moneys that are paid into the state treasury to	46146
be deposited into the peace officer training commission fund shall	46147
be used by the commission only to pay the costs of peace officer	46148
training.	46149

(3) Any of the following offices or agencies that receive	46150
amounts under this section during any calendar year shall file a	46151
report with the specified entity, not later than the thirty-first	46152
day of January of the next calendar year, verifying that the	46153
moneys were expended only for the purposes authorized by this	46154
section or other relevant statute and specifying the amounts	46155
expended for each authorized purpose:	46156

(a) Any sheriff or prosecutor shall file the report with the	46157
county auditor.	46158

(b) Any municipal corporation police department shall file	46159
the report with the legislative authority of the municipal	46160
corporation.	46161

(c) Any township police department, township or joint police	46162
district police force, or office of the constable shall file the	46163
report with the board of township trustees of the township.	46164

(d) Any park district police force or law enforcement	46165
department shall file the report with the board of park	46166
commissioners of the park district.	46167

(e) The superintendent of the state highway patrol and the	46168
tax commissioner shall file the report with the attorney general.	46169

(f) The executive director of the state board of pharmacy	46170
shall file the report with the attorney general, verifying that	46171
cash and forfeited proceeds paid into the board of pharmacy drug	46172
law enforcement fund were used only in accordance with section	46173
4729.65 of the Revised Code.	46174

(g) The peace officer training commission shall file a report	46175
with the attorney general, verifying that cash and forfeited	46176
proceeds paid into the peace officer training commission fund	46177
pursuant to this section during the prior calendar year were used	46178
by the commission during the prior calendar year only to pay the	46179
costs of peace officer training.	46180

(h) The executive director of the Ohio casino control	46181
commission shall file the report with the attorney general,	46182
verifying that cash and forfeited proceeds paid into the casino	46183
control commission enforcement fund were used only in accordance	46184
with section 3772.36 of the Revised Code.	46185

(D) The written internal control policy of a county sheriff,	46186
prosecutor, municipal corporation police department, township	46187
police department, township or joint police district police force,	46188
office of the constable, or park district police force or law	46189
enforcement department shall provide that at least ten per cent of	46190
the first one hundred thousand dollars of amounts deposited during	46191
each calendar year in the agency's law enforcement trust fund	46192
under this section, and at least twenty per cent of the amounts	46193
exceeding one hundred thousand dollars that are so deposited,	46194
shall be used in connection with community preventive education	46195
programs. The manner of use shall be determined by the sheriff,	46196
prosecutor, department, police force, or office of the constable	46197
after receiving and considering advice on appropriate community	46198
preventive education programs from the county's board of alcohol,	46199
drug addiction, and mental health services, from the county's	46200
alcohol and drug addiction services board, or through appropriate	46201
community dialogue.	46202

The financial records kept under the internal control policy	46203
shall specify the amount deposited during each calendar year in	46204
the portion of that amount that was used pursuant to this	46205
division, and the programs in connection with which the portion of	46206
that amount was so used.	46207

As used in this division, "community preventive education	46208
programs" include, but are not limited to, DARE programs and other	46209
programs designed to educate adults or children with respect to	46210
the dangers associated with using drugs of abuse.	46211

(E) Upon the sale, under this section or section 2981.12 of	46212
the Revised Code, of any property that is required by law to be	46213
titled or registered, the state shall issue an appropriate	46214
certificate of title or registration to the purchaser. If the	46215
state is vested with title and elects to retain property that is	46216
required to be titled or registered under law, the state shall	46217
issue an appropriate certificate of title or registration.	46218

(F) Any failure of a law enforcement officer or agency,	46219
prosecutor, court, or the attorney general to comply with this	46220
section in relation to any property seized does not affect the	46221
validity of the seizure and shall not be considered to be the	46222
basis for suppressing any evidence resulting from the seizure,	46223
provided the seizure itself was lawful.	46224

Sec. 3101.051. (A) Except as provided in division (B) of	46225
this section, a probate court shall make available to any person	46226
for inspection the records pertaining to the issuance of marriage	46227
licenses as provided under section 149.43 of the Revised Code.	46228

(B) Before it makes available to a person any records	46229
pertaining to the issuance of a marriage license as described in	46230
division (A) of this section, subject to division (C) of this	46231
section, a probate court shall delete or otherwise remove any	46232
social security numbers of the parties to a marriage so that they	46233
are not available to the person inspecting the records.	46234

(C) Division (B) of this section does not apply in any of the	46235
following circumstances:	46236

(1) If the records in question are inspected by authorized	46237
personnel of the division of child support in the department of	46238
job and family services under section ~~5101.31~~5101.37 of the	46239
Revised Code;	46240

(2) If the records in question are inspected by law	46241
enforcement personnel for purposes of a criminal investigation;	46242

(3) If the records in question with the social security	46243
numbers are necessary for use in a civil or criminal trial and the	46244
release of the records with the social security numbers is ordered	46245
by a court with jurisdiction over the trial;	46246

(4) If the records in question are inspected by either party	46247
to the marriage to which the records pertain;	46248

(5) If the court possessed the records in question prior to	46249
the effective date of this section.	46250

Sec. 3107.083. Not later than ninety days after June 20,	46251
1996, the director of job and family services shall do all of the	46252
following:	46253

(A)(1) For a parent of a child who, if adopted, will be an	46254
adopted person as defined in section 3107.45 of the Revised Code,	46255
prescribe a form that has the following six components:	46256

(a) A component the parent signs under section 3107.071,	46257
3107.081, or 5103.151 of the Revised Code to indicate the	46258
requirements of section 3107.082 or 5103.152 of the Revised Code	46259
have been met. The component shall be as follows:	46260

"Statement Concerning Ohio Law and Adoption Materials	46261

By signing this component of this form, I acknowledge that it	46262
has been explained to me, and I understand, that, if I check the	46263
space on the next component of this form that indicates that I	46264
authorize the release, the adoption file maintained by the Ohio	46265
Department of Health, which contains identifying information about	46266
me at the time of my child's birth, will be released, on request,	46267
to the adoptive parent when the adoptee is at least age eighteen	46268
but younger than age twenty-one and to the adoptee when he or she	46269
is age twenty-one or older. It has also been explained to me, and	46270
I understand, that I may prohibit the release of identifying	46271
information about me contained in the adoption file by checking	46272
the space on the next component of this form that indicates that I	46273
do not authorize the release of the identifying information. It	46274
has additionally been explained to me, and I understand, that I	46275
may change my mind regarding the decision I make on the next	46276
component of this form at any time and as many times as I desire	46277
by signing, dating, and having filed with the Ohio Department of	46278
Health a denial of release form or authorization of release form	46279
prescribed and provided by the Department of Health and providing	46280
the Department two items of identification.	46281

By signing this component of this form, I also acknowledge	46282
that I have been provided a copy of written materials about	46283
adoption prepared by the Ohio Department of Job and Family	46284
Services, the adoption process and ramifications of consenting to	46285
adoption or entering into a voluntary permanent custody surrender	46286
agreement have been discussed with me, and I have been provided	46287
the opportunity to review the materials and ask questions about	46288
the materials and discussion.	46289

Signature of biological parent:		46290
Signature of witness:		46291
Date:	"	46292

(b) A component the parent signs under section 3107.071,	46293
3107.081, or 5103.151 of the Revised Code regarding the parent's	46294
decision whether to allow identifying information about the parent	46295
contained in an adoption file maintained by the department of	46296
health to be released to the parent's child and adoptive parent	46297
pursuant to section 3107.47 of the Revised Code. The component	46298
shall be as follows:	46299

"Statement Regarding Release of Identifying Information	46300

The purpose of this component of this form is to allow a	46301
biological parent to decide whether to allow the Ohio Department	46302
of Health to provide an adoptee and adoptive parent identifying	46303
information about the adoptee's biological parent contained in an	46304
adoption file maintained by the Department. Please check one of	46305
the following spaces:	46306

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		46307
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		46308

Signature of biological parent:		46309
Signature of witness:		46310
Date:	"	46311

(c) A component the parent, if the mother of the child,	46312
completes and signs under section 3107.071, 3107.081, or 5103.151	46313
of the Revised Code to indicate, to the extent of the mother's	46314
knowledge, all of the following:	46315

(i) Whether the mother, during her pregnancy, was a recipient	46316
of the ~~medical assistance~~medicaid program ~~established under~~	46317
~~Chapter 5111. of the Revised Code~~ or other public health insurance	46318
program and, if so, the dates her eligibility began and ended;	46319

(ii) Whether the mother, during her pregnancy, was covered by	46320
private health insurance and, if so, the dates the coverage began	46321
and ended, the name of the insurance provider, the type of	46322
coverage, and the identification number of the coverage;	46323

(iii) The name and location of the hospital, freestanding	46324
~~birth~~birthing center, or other place where the mother gave birth	46325
and, if different, received medical care immediately after giving	46326
birth;	46327

(iv) The expenses of the obstetrical and neonatal care;

46328

(v) Whether the mother has been informed that the adoptive	46329
parent or the agency or attorney arranging the adoption are to pay	46330
expenses involved in the adoption, including expenses the mother	46331
has paid and expects to receive or has received reimbursement,	46332
and, if so, what expenses are to be or have been paid and an	46333
estimate of the expenses;	46334

(vi) Any other information related to expenses the department	46335
determines appropriate to be included in this component.	46336

(d) A component the parent may sign to authorize the agency	46337
or attorney arranging the adoption to provide to the child or	46338
adoptive parent materials, other than photographs of the parent,	46339
that the parent requests be given to the child or adoptive parent	46340
pursuant to section 3107.68 of the Revised Code.	46341

(e) A component the parent may sign to authorize the agency	46342
or attorney arranging the adoption to provide to the child or	46343
adoptive parent photographs of the parent pursuant to section	46344
3107.68 of the Revised Code.	46345

(f) A component the parent may sign to authorize the agency	46346
or attorney arranging the adoption to provide to the child or	46347
adoptive parent the first name of the parent pursuant to section	46348
3107.68 of the Revised Code.	46349

(2) State at the bottom of the form that the parent is to	46350
receive a copy of the form the parent signed.	46351

(3) Provide copies of the form prescribed under this division	46352
to probate and juvenile courts, public children services agencies,	46353
private child placing agencies, private noncustodial agencies,	46354
attorneys, and persons authorized to take acknowledgments.	46355

(B)(1) For a parent of a child who, if adopted, will become	46356
an adopted person as defined in section 3107.39 of the Revised	46357
Code, prescribe a form that has the following five components:	46358

(a) A component the parent signs under section 3107.071,	46359
3107.081, or 5103.151 of the Revised Code to attest that the	46360
requirement of division (A) of section 3107.082 or division (A) of	46361
section 5103.152 of the Revised Code has been met;	46362

(b) A component the parent, if the mother of the child,	46363
completes and signs under section 3107.071, 3107.081, or 5103.151	46364
of the Revised Code to indicate, to the extent of the mother's	46365
knowledge, all of the following:	46366

(i) Whether the mother, during her pregnancy, was a recipient	46367
of the ~~medical assistance~~medicaid program ~~established under~~	46368
~~Chapter 5111. of the Revised Code~~ or other public health insurance	46369
program and, if so, the dates her eligibility began and ended;	46370

(ii) Whether the mother, during her pregnancy, was covered by	46371
private health insurance and, if so, the dates the coverage began	46372
and ended, the name of the insurance provider, the type of	46373
coverage, and the identification number of the coverage;	46374

(iii) The name and location of the hospital, freestanding	46375
~~birth~~birthing center, or other place where the mother gave birth	46376
and, if different, received medical care immediately after giving	46377
birth;	46378

(iv) The expenses of the obstetrical and neonatal care;

46379

(v) Whether the mother has been informed that the adoptive	46380
parent or the agency or attorney arranging the adoption are to pay	46381
expenses involved in the adoption, including expenses the mother	46382
has paid and expects to receive or has received reimbursement for,	46383
and, if so, what expenses are to be or have been paid and an	46384
estimate of the expenses;	46385

(vi) Any other information related to expenses the department	46386
determines appropriate to be included in the component.	46387

(c) A component the parent may sign to authorize the agency	46388
or attorney arranging the adoption to provide to the child or	46389
adoptive parent materials, other than photographs of the parent,	46390
that the parent requests be given to the child or adoptive parent	46391
pursuant to section 3107.68 of the Revised Code.	46392

(d) A component the parent may sign to authorize the agency	46393
or attorney arranging the adoption to provide to the child or	46394
adoptive parent photographs of the parent pursuant to section	46395
3107.68 of the Revised Code.	46396

(e) A component the parent may sign to authorize the agency	46397
or attorney arranging the adoption to provide to the child or	46398
adoptive parent the first name of the parent pursuant to section	46399
3107.68 of the Revised Code.	46400

(2) State at the bottom of the form that the parent is to	46401
receive a copy of the form the parent signed.	46402

(3) Provide copies of the form prescribed under this division	46403
to probate and juvenile courts, public children services agencies,	46404
private child placing agencies, private noncustodial agencies, and	46405
attorneys.	46406

(C) Prepare the written materials about adoption that are	46407
required to be given to parents under division (A) of section	46408
3107.082 and division (A) of section 5103.152 of the Revised Code.	46409
The materials shall provide information about the adoption	46410
process, including ramifications of a parent consenting to a	46411
child's adoption or entering into a voluntary permanent custody	46412
surrender agreement. The materials also shall include referral	46413
information for professional counseling and adoption support	46414
organizations. The director shall provide the materials to	46415
assessors.	46416

(D) Adopt rules in accordance with Chapter 119. of the	46417
Revised Code specifying the documents that must be filed with a	46418
probate court under divisions (B) and (D) of section 3107.081 of	46419
the Revised Code and a juvenile court under divisions (C) and (E)	46420
of section 5103.151 of the Revised Code.	46421

Sec. 3109.15. There is hereby created within the department	46422
of job and family services the children's trust fund board	46423
consisting of fifteen members. The directors of ~~alcohol and drug~~	46424
~~addiction services~~mental health and addiction services, health,	46425
and job and family services shall be members of the board. Eight	46426
public members shall be appointed by the governor. These members	46427
shall be persons with demonstrated knowledge in programs for	46428
children, shall be representative of the demographic composition	46429
of this state, and, to the extent practicable, shall be	46430
representative of the following categories: the educational	46431
community; the legal community; the social work community; the	46432
medical community; the voluntary sector; and professional	46433
providers of child abuse and child neglect services. Five of these	46434
members shall be residents of metropolitan statistical areas as	46435
defined by the United States office of management and budget where	46436
the population exceeds four hundred thousand; no two such members	46437
shall be residents of the same metropolitan statistical area. Two	46438
members of the board shall be members of the house of	46439
representatives appointed by the speaker of the house of	46440
representatives and shall be members of two different political	46441
parties. Two members of the board shall be members of the senate	46442
appointed by the president of the senate and shall be members of	46443
two different political parties. All members of the board	46444
appointed by the speaker of the house of representatives or the	46445
president of the senate shall serve until the expiration of the	46446
sessions of the general assembly during which they were appointed.	46447
They may be reappointed to an unlimited number of successive terms	46448
of two years at the pleasure of the speaker of the house of	46449
representatives or president of the senate. Public members shall	46450
serve terms of three years. Each member shall serve until the	46451
member's successor is appointed, or until a period of sixty days	46452
has elapsed, whichever occurs first. No public member may serve	46453
more than two consecutive full terms. All vacancies on the board	46454
shall be filled for the balance of the unexpired term in the same	46455
manner as the original appointment.	46456

Any member of the board may be removed by the member's	46457
appointing authority for misconduct, incompetency, or neglect of	46458
duty after first being given the opportunity to be heard in the	46459
member's own behalf. Pursuant to section 3.17 of the Revised Code,	46460
a member, except a member of the general assembly or a judge of	46461
any court in the state, who fails to attend at least three-fifths	46462
of the regular and special meetings held by the board during any	46463
two-year period forfeits the member's position on the board.	46464

Each member of the board shall serve without compensation but	46465
shall be reimbursed for all actual and necessary expenses incurred	46466
in the performance of official duties.	46467

At the beginning of the first year of each even-numbered	46468
general assembly, the chairperson of the board shall be appointed	46469
by the speaker of the house of representatives from among members	46470
of the board who are members of the house of representatives. At	46471
the beginning of the first year of each odd-numbered general	46472
assembly, the chairperson of the board shall be appointed by the	46473
president of the senate from among the members of the board who	46474
are senate members.	46475

The board shall biennially select a vice-chair from among its	46476
nonlegislative members.	46477

Sec. 3111.04. (A) An action to determine the existence or	46478
nonexistence of the father and child relationship may be brought	46479
by the child or the child's personal representative, the child's	46480
mother or her personal representative, a man alleged or alleging	46481
himself to be the child's father, the child support enforcement	46482
agency of the county in which the child resides if the child's	46483
mother, father, or alleged father is a recipient of public	46484
assistance or of services under Title IV-D of the "Social Security	46485
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	46486
alleged father's personal representative.	46487

(B) An agreement does not bar an action under this section.

46488

(C) If an action under this section is brought before the	46489
birth of the child and if the action is contested, all	46490
proceedings, except service of process and the taking of	46491
depositions to perpetuate testimony, may be stayed until after the	46492
birth.	46493

(D) A recipient of public assistance or of services under	46494
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	46495
U.S.C.A. 651, as amended, shall cooperate with the child support	46496
enforcement agency of the county in which a child resides to	46497
obtain an administrative determination pursuant to sections	46498
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	46499
determination pursuant to sections 3111.01 to 3111.18 of the	46500
Revised Code, of the existence or nonexistence of a parent and	46501
child relationship between the father and the child. If the	46502
recipient fails to cooperate, the agency may commence an action to	46503
determine the existence or nonexistence of a parent and child	46504
relationship between the father and the child pursuant to sections	46505
3111.01 to 3111.18 of the Revised Code.	46506

(E) As used in this section, "public assistance" means all of	46507
the following:	46508

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

46509

(2) Ohio works first under Chapter 5107. of the Revised Code;

46510

(3) Disability financial assistance under Chapter 5115. of	46511
the Revised Code.	46512

Sec. 3111.72. The contract between the department of job and	46513
family services and a local hospital shall require all of the	46514
following:	46515

(A) That the hospital provide a staff person to meet with	46516
each unmarried mother who gave birth in or en route to the	46517
hospital within twenty-four hours of the birth or before the	46518
mother is released from the hospital;	46519

(B) That the staff person attempt to meet with the father of	46520
the unmarried mother's child if possible;	46521

(C) That the staff person explain to the unmarried mother and	46522
the father, if he is present, the benefit to the child of	46523
establishing a parent and child relationship between the father	46524
and the child and the various proper procedures for establishing a	46525
parent and child relationship;	46526

(D) That the staff person present to the unmarried mother	46527
and, if possible, the father, the pamphlet or statement regarding	46528
the rights and responsibilities of a natural parent that is	46529
prepared and provided by the department of job and family services	46530
pursuant to section 3111.32 of the Revised Code;	46531

(E) That the staff person provide the mother and, if	46532
possible, the father, all forms and statements necessary to	46533
voluntarily establish a parent and child relationship, including,	46534
but not limited to, the acknowledgment of paternity affidavit	46535
prepared by the department of job and family services pursuant to	46536
section 3111.31 of the Revised Code;	46537

(F) That the staff person, at the request of both the mother	46538
and father, help the mother and father complete any form or	46539
statement necessary to establish a parent and child relationship;	46540

(G) That the hospital provide a notary public to notarize an	46541
acknowledgment of paternity affidavit signed by the mother and	46542
father;	46543

(H) That the staff person present to an unmarried mother who	46544
is not participating in the Ohio works first program established	46545
under Chapter 5107. of the Revised Code or receiving ~~medical~~	46546
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	46547
application for Title IV-D services;	46548

(I) That the staff person forward any completed	46549
acknowledgment of paternity, no later than ten days after it is	46550
completed, to the office of child support in the department of job	46551
and family services;	46552

(J) That the department of job and family services pay the	46553
hospital twenty dollars for every correctly signed and notarized	46554
acknowledgment of paternity affidavit from the hospital.	46555

Sec. 3119.29. (A) As used in this section and sections	46556
3119.30 to 3119.56 of the Revised Code:	46557

(1) "Cash medical support" means an amount ordered to be paid	46558
in a child support order toward the cost of health insurance	46559
provided by a public entity, another parent, or person with whom	46560
the child resides, through employment or otherwise, or for other	46561
medical cost not covered by insurance.	46562

(2) "Federal poverty line" has the same meaning as defined in	46563
section 5104.01 of the Revised Code.	46564

(3) "Health care" means such medical support that includes	46565
coverage under a health insurance plan, payment of costs of	46566
premiums, ~~co-payments~~copayments, and deductibles, or payment for	46567
medical expenses incurred on behalf of the child.	46568

(4) "Health insurance coverage" means accessible private	46569
health insurance that provides primary care services within thirty	46570
miles from the residence of the child subject to the child support	46571
order.	46572

(5) "Health plan administrator" means any entity authorized	46573
under Title XXXIX of the Revised Code to engage in the business of	46574
insurance in this state, any health insuring corporation, any	46575
legal entity that is self-insured and provides benefits to its	46576
employees or members, and the administrator of any such entity or	46577
corporation.	46578

(6) "National medical support notice" means a form required	46579
by the "Child Support Performance and Incentive Act of 1998," P.L.	46580
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	46581
jointly developed and promulgated by the secretary of health and	46582
human services and the secretary of labor in federal regulations	46583
adopted under that act as modified by the department of job and	46584
family services under section 3119.291 of the Revised Code.	46585

(7) "Person required to provide health insurance coverage"	46586
means the obligor, obligee, or both, required by the court under a	46587
court child support order or by the child support enforcement	46588
agency under an administrative child support order to provide	46589
health insurance coverage pursuant to section 3119.30 of the	46590
Revised Code.	46591

(8) Subject to division (B) of this section, "reasonable	46592
cost" means the contributing cost of private family health	46593
insurance to the person responsible for the health care of the	46594
children subject to the child support order that does not exceed	46595
an amount equal to five per cent of the annual gross income of	46596
that person.	46597

(9) "Title XIX" has the same meaning as ~~defined~~ in section	46598
~~5111.20~~5165.01 of the Revised Code.	46599

(B) If the United States secretary of health and human	46600
services issues a regulation defining "reasonable cost" or a	46601
similar term or phrase relevant to the provisions in child support	46602
orders relating to the provision of health care for children	46603
subject to the orders, and if that definition is substantively	46604
different from the meaning of "reasonable cost" as defined in	46605
division (A) of this section, "reasonable cost" as used in this	46606
section shall have the meaning as defined by the United States	46607
secretary of health and human services.	46608

Sec. 3119.54. A party to a child support order issued in	46609
accordance with section 3119.30 of the Revised Code shall notify	46610
any physician, hospital, or other provider of medical services	46611
that provides medical services to the child who is the subject of	46612
the child support order of the number of any health insurance or	46613
health care policy, contract, or plan that covers the child if the	46614
child is eligible for ~~medical assistance under Chapter 5111. of~~	46615
~~the Revised Code~~medicaid. The party shall include in the notice	46616
the name and address of the insurer. Any physician, hospital, or	46617
other provider of medical services ~~for which medical assistance is~~	46618
~~available under Chapter 5111. of the Revised Code~~covered by the	46619
medicaid program who is notified under this section of the	46620
existence of a health insurance or health care policy, contract,	46621
or plan with coverage for children who are eligible for ~~medical~~	46622
~~assistance~~medicaid shall first bill the insurer for any services	46623
provided for those children. If the insurer fails to pay all or	46624
any part of a claim filed under this section and the services for	46625
which the claim is filed are covered by ~~Chapter 5111. of the~~	46626
~~Revised Code~~the medicaid program, the physician, hospital, or	46627
other medical services provider shall bill the remaining unpaid	46628
costs of the services ~~in accordance with Chapter 5111. of the~~	46629
~~Revised Code~~to the medicaid program.	46630

Sec. 3121.441. (A) Notwithstanding the provisions of this	46631
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	46632
and 5107.20 of the Revised Code providing for the office of child	46633
support in the department of job and family services to collect,	46634
withhold, or deduct spousal support, when a court pursuant to	46635
section 3105.18 or 3105.65 of the Revised Code issues or modifies	46636
an order requiring an obligor to pay spousal support or grants or	46637
modifies a decree of dissolution of marriage incorporating a	46638
separation agreement that provides for spousal support, or at any	46639
time after the issuance, granting, or modification of an order or	46640
decree of that type, the court may permit the obligor to make the	46641
spousal support payments directly to the obligee instead of to the	46642
office if the obligee and the obligor have no minor children born	46643
as a result of their marriage and the obligee has not assigned the	46644
spousal support amounts to the department pursuant to section	46645
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	46646

(B) A court that permits an obligor to make spousal support	46647
payments directly to the obligee pursuant to division (A) of this	46648
section shall order the obligor to make the spousal support	46649
payments as a check, as a money order, or in any other form that	46650
establishes a clear record of payment.	46651

(C) If a court permits an obligor to make spousal support	46652
payments directly to an obligee pursuant to division (A) of this	46653
section and the obligor is in default in making any spousal	46654
support payment to the obligee, the court, upon motion of the	46655
obligee or on its own motion, may rescind the permission granted	46656
under that division. After the rescission, the court shall	46657
determine the amount of arrearages in the spousal support payments	46658
and order the obligor to make to the office of child support in	46659
the department of job and family services any spousal support	46660
payments that are in arrears and any future spousal support	46661
payments. Upon the issuance of the order of the court under this	46662
division, the provisions of this chapter, Chapters 3119., 3123.,	46663
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	46664
apply with respect to the collection, withholding, or deduction of	46665
the obligor's spousal support payments that are the subject of	46666
that order of the court.	46667

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	46668
the Revised Code:	46669

(A) "Contractor" means an individual who provides services to	46670
an employer as an independent contractor for compensation that is	46671
reported as income other than wages and who is an individual, the	46672
sole shareholder of a corporation, or the sole member of a limited	46673
liability company. "Contractor" does not include any of the	46674
following:	46675

(1) An individual performing intelligence or	46676
counterintelligence functions for a state agency if the head of	46677
the agency has determined that reporting pursuant to this section	46678
could endanger the safety of the individual or compromise an	46679
ongoing investigation or intelligence mission;	46680

(2) A professionally licensed person who is providing	46681
services to the employer under that license;	46682

(3) An individual who will receive for the services provided	46683
under the contract compensation of less than two thousand five	46684
hundred dollars per year or a greater amount that the director of	46685
job and family services establishes by rule adopted under section	46686
3121.896 of the Revised Code.	46687

(B) "Employee" means an individual who is employed to provide	46688
services to an employer for compensation that is reported as	46689
income from wages. "Employee" does not include an individual	46690
performing intelligence or counterintelligence functions for a	46691
state agency, if the head of the agency has determined that	46692
reporting pursuant to this section could endanger the safety of	46693
the employee or compromise an ongoing investigation or	46694
intelligence mission.	46695

(C) "Employer" means any person or governmental entity other	46696
than the federal government for which an individual performs any	46697
service, of whatever nature, as the employee or contractor of such	46698
person, except that:	46699

(1) If the person for whom the individual performs services	46700
does not have control of the payment of compensation for the	46701
services, "employer" means the person having control of the	46702
payment of the compensation.	46703

(2) In the case of a person paying compensation on behalf of	46704
a nonresident alien individual, foreign partnership, or foreign	46705
corporation not engaged in trade or business within the United	46706
States, "employer" means the person paying the compensation.	46707

(3) In the case of compensation paid to a contractor,	46708
"employer" does not include any person or entity that lacks a	46709
federal employer identification number.	46710

(D) "Newly hired employee" means either of the following:

46711

(1) An employee who has not previously been employed by the	46712
employer;	46713

(2) An employee who was previously employed by an employer	46714
but has been separated from that prior employment for at least	46715
sixty consecutive days.	46716

(E) "Professionally licensed person" has the same meaning as	46717
in section 2925.01 of the Revised Code.	46718

Sec. 3121.891. (A) Except as provided in division (B) or (C)	46719
of this section, every employer shall make a new hire report to	46720
the department of job and family services regarding ~~the hiring,~~	46721
~~rehiring, or return to work as an~~a newly hired employee or a	46722
contractor of a person who resides, works, or will be assigned to	46723
work in this state to whom the employer anticipates paying	46724
compensation.	46725

(B) An employer with employees or contractors in two or more	46726
states that transmits new hire reports magnetically or	46727
electronically may make the new hire report to another state if	46728
the employer does both of the following:	46729

(1) Notifies the Ohio department of job and family services	46730
and the United States secretary of health and human services in	46731
writing that the employer has designated another state as the	46732
state to which the employer will transmit the report;	46733

(2) Transmits the report to that state in compliance with	46734
federal law.	46735

(C) The department may by rule exempt employers from making	46736
new hire reports on any classification of contractors if the	46737
department determines that exempting the employer will assist the	46738
administration of the new hire reporting requirement.	46739

Sec. 3121.892. (A) An employer shall include all of the	46740
following in each new hire report:	46741

(1) For each employee, the employee's name, address, date of	46742
birth, social security number, and date of hire~~, rehire, or return~~	46743
~~to work~~;	46744

(2) For each contractor, the contractor's name, address,	46745
social security or tax identification number, the date payments	46746
begin, and the length of time the contractor will be performing	46747
services for the employer;	46748

(3) The employer's name, address, and identification number.

46749

(B) The department of job and family services may by rule	46750
require that additional information, specified in the rule, be	46751
included in each new hire report.	46752

Sec. 3121.893. An employer shall make a new hire report for	46753
each newly hired employee or contractor in a manner prescribed by	46754
the department of job and family services. The department may	46755
require that the report include or consist of the submission of a	46756
copy of the United States internal revenue service form W-4	46757
(employee's withholding allowance certificate) for the employee, a	46758
form provided by the department, or any other hiring document or	46759
data storage device or mechanism the department authorizes. An	46760
employer may make the new hire report by mail, fax, magnetic or	46761
electronic means, or other means the department authorizes. If an	46762
employer makes a new hire report by mail, the date of making the	46763
report is the postmark date if the report is mailed in the United	46764
States with first class postage and is addressed as the department	46765
authorizes. An employer shall make the new hire report not later	46766
than twenty days after the date on which the employer hires or	46767
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	46768
which the employer engages or re-engages the contractor or the	46769
contractor resumes providing services under the contract.	46770

Sec. 3121.898. The department of job and family services	46771
shall use the new hire reports it receives for any of the	46772
following purposes set forth in 42 U.S.C. 653a, as amended,	46773
including:	46774

(A) To locate individuals for the purposes of establishing	46775
paternity and for establishing, modifying, and enforcing child	46776
support orders.	46777

(B) As used in this division, "state agency" means every	46778
department, bureau, board, commission, office, or other organized	46779
body established by the constitution or laws of this state for the	46780
exercise of state government; every entity of county government	46781
that is subject to the rules of a state agency; and every	46782
contractual agent of a state agency.	46783

To make available to any state agency responsible for	46784
administering any of the following programs for purposes of	46785
verifying program eligibility:	46786

(1) Any Title IV-A program as defined in section 5101.80 of	46787
the Revised Code;	46788

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	46789
~~Revised Code~~;	46790

(3) The unemployment compensation program authorized by	46791
Chapter 4141. of the Revised Code;	46792

(4) The supplemental nutrition assistance program authorized	46793
by section 5101.54 of the Revised Code;	46794

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	46795
amended.	46796

(C) The administration of the employment security program	46797
under the director of job and family services.	46798

Sec. 3123.958. The office of child support ~~shall~~may publish	46799
and distribute ~~the first~~a set of posters throughout the state ~~not~~	46800
~~later than October 1, 1992. The office shall publish and~~	46801
~~distribute subsequent sets of posters not less than twice~~	46802
annually.	46803

Sec. 3125.18. A child support enforcement agency shall	46804
administer a Title IV-A program identified under division	46805
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	46806
the department of job and family services provides for the agency	46807
to administer under the department's supervision pursuant to	46808
section 5101.801 of the Revised Code.	46809

Sec. 3125.36. (A) Subject to division (B) of this section,	46810
all support orders that are administered by a child support	46811
enforcement agency designated under section 307.981 of the Revised	46812
Code or former section 2301.35 of the Revised Code and are	46813
eligible for Title IV-D services shall be Title IV-D cases under	46814
Title IV-D of the "Social Security Act." Subject to division (B)	46815
of this section, all obligees of support orders administered by	46816
the agency shall be considered to have filed a signed application	46817
for Title IV-D services.	46818

(B) Except as provided in division (D) of this section, a	46819
court that issues or modifies a support order shall require the	46820
obligee under the order to sign, at the time of the issuance or	46821
modification of the order, an application for Title IV-D services	46822
and to file, as soon as possible, the signed application with the	46823
child support enforcement agency that will administer the order.	46824
The application shall be on a form prescribed by the department of	46825
job and family services. Except as provided in division (D) of	46826
this section, a support order that is administered by a child	46827
support enforcement agency, and that is eligible for Title IV-D	46828
services shall be a Title IV-D case under Title IV-D of the	46829
"Social Security Act" only upon the filing of the signed	46830
application for Title IV-D services.	46831

(C) A child support enforcement agency shall make available	46832
an application for Title IV-D services to all persons requesting a	46833
child support enforcement agency's assistance in an action under	46834
sections 3111.01 to 3111.18 of the Revised Code or in an	46835
administrative proceeding brought to establish a parent and child	46836
relationship, to establish or modify an administrative support	46837
order, or to establish or modify an order to provide health	46838
insurance coverage for the children subject to a support order.	46839

(D) An obligee under a support order who has assigned the	46840
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	46841
5160.38 of the Revised Code shall not be required to sign an	46842
application for Title IV-D services. The support order shall be	46843
considered a Title IV-D case.	46844

Sec. 3301.07. The state board of education shall exercise	46845
under the acts of the general assembly general supervision of the	46846
system of public education in the state. In addition to the powers	46847
otherwise imposed on the state board under the provisions of law,	46848
the board shall have the powers described in this section.	46849

(A) The state board shall exercise policy forming, planning,	46850
and evaluative functions for the public schools of the state	46851
except as otherwise provided by law.	46852

(B)(1) The state board shall exercise leadership in the	46853
improvement of public education in this state, and administer the	46854
educational policies of this state relating to public schools, and	46855
relating to instruction and instructional material, building and	46856
equipment, transportation of pupils, administrative	46857
responsibilities of school officials and personnel, and finance	46858
and organization of school districts, educational service centers,	46859
and territory. Consultative and advisory services in such matters	46860
shall be provided by the board to school districts and educational	46861
service centers of this state.	46862

(2) The state board also shall develop a standard of	46863
financial reporting which shall be used by each school district	46864
board of education and ~~educational service center~~each governing	46865
board of an educational service center, each governing authority	46866
of a community school established under Chapter 3314., each	46867
governing body of a STEM school established under Chapter 3328.,	46868
and each board of trustees of a college-preparatory boarding	46869
school established under Chapter 3328. of the Revised Code to make	46870
its financial information and annual budgets for each school	46871
building under its control available to the public in a format	46872
understandable by the average citizen. The format shall show,	46873
~~among other things,~~both at the district ~~and educational service~~	46874
~~center level or~~and at the school building level, ~~as determined~~	46875
~~appropriate by the department of education,~~ revenue by source;	46876
expenditures for salaries, wages, and benefits of employees,	46877
showing such amounts separately for classroom teachers, other	46878
employees required to hold licenses issued pursuant to sections	46879
3319.22 to 3319.31 of the Revised Code, and all other employees;	46880
expenditures other than for personnel, by category, including	46881
utilities, textbooks and other educational materials, equipment,	46882
permanent improvements, pupil transportation, extracurricular	46883
athletics, and other extracurricular activities; and per pupil	46884
expenditures. The format shall also include information on total	46885
revenue and expenditures, per pupil revenue, and expenditures for	46886
both classroom and nonclassroom purposes, as defined by the	46887
standards adopted under section 3302.20 of the Revised Code in the	46888
aggregate and for each subgroup of students, as defined by section	46889
3317.40 of the Revised Code, that receives services provided for	46890
by state or federal funding.	46891

(3) Each school district board, governing authority,	46892
governing body, or board of trustees, or its respective designee,	46893
shall annually report, to the department of education, all	46894
financial information required by the standards for financial	46895
reporting, as prescribed by division (B)(2) of this section and	46896
adopted by the state board. The department shall post these	46897
reports in a prominent location on its web site and shall notify	46898
each school when reports are made available.	46899

(C) The state board shall administer and supervise the	46900
allocation and distribution of all state and federal funds for	46901
public school education under the provisions of law, and may	46902
prescribe such systems of accounting as are necessary and proper	46903
to this function. It may require county auditors and treasurers,	46904
boards of education, educational service center governing boards,	46905
treasurers of such boards, teachers, and other school officers and	46906
employees, or other public officers or employees, to file with it	46907
such reports as it may prescribe relating to such funds, or to the	46908
management and condition of such funds.	46909

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	46910
XLVII, and LI of the Revised Code a reference is made to standards	46911
prescribed under this section or division (D) of this section,	46912
that reference shall be construed to refer to the standards	46913
prescribed under division (D)(2) of this section, unless the	46914
context specifically indicates a different meaning or intent.	46915

(2) The state board shall formulate and prescribe minimum	46916
standards to be applied to all elementary and secondary schools in	46917
this state for the purpose of ~~requiring~~providing children access	46918
to a general education of high quality according to the learning	46919
needs of each individual, including students with disabilities,	46920
economically disadvantaged students, limited English proficient	46921
students, and students identified as gifted. Such standards shall	46922
provide adequately for: the licensing of teachers, administrators,	46923
and other professional personnel and their assignment according to	46924
training and qualifications; efficient and effective instructional	46925
materials and equipment, including library facilities; the proper	46926
organization, administration, and supervision of each school,	46927
including regulations for preparing all necessary records and	46928
reports and the preparation of a statement of policies and	46929
objectives for each school; the provision of safe buildings,	46930
grounds, health and sanitary facilities and services; admission of	46931
pupils, and such requirements for their promotion from grade to	46932
grade as will assure that they are capable and prepared for the	46933
level of study to which they are certified; requirements for	46934
graduation; and such other factors as the board finds necessary.	46935

The state board shall base any standards governing the	46936
promotion of students or requirements for graduation on the	46937
ability of students, at any grade level, to earn credits or	46938
advance upon demonstration of mastery of knowledge and skills	46939
through competency-based learning models. Credits of grade level	46940
advancement shall not require a minimum number of days or hours in	46941
a classroom.	46942

The state board shall base any standards governing the	46943
assignment of staff on ensuring each school has a sufficient	46944
number of teachers to ensure a student has an appropriate level of	46945
interaction to meet each student's personal learning goals.	46946

In the formulation and administration of such standards for	46947
nonpublic schools the board shall also consider the particular	46948
needs, methods and objectives of those schools, provided they do	46949
not conflict with the provision of a general education of a high	46950
quality and provided that regular procedures shall be followed for	46951
promotion from grade to grade of pupils who have met the	46952
educational requirements prescribed.	46953

~~In the formulation and administration of such standards as~~	46954
~~they relate to instructional materials and equipment in public~~	46955
~~schools, including library materials, the board shall require that~~	46956
~~the material and equipment be aligned with and promote skills~~	46957
~~expected under the statewide academic standards adopted under~~	46958
~~section 3301.079 of the Revised Code.~~	46959

(3) In addition to the minimum standards required by division	46960
(D)(2) of this section, the state board may formulate and	46961
prescribe the following additional minimum operating standards for	46962
school districts:	46963

(a) Standards for the effective and efficient organization,	46964
administration, and supervision of each school district ~~so that it~~	46965
~~becomes a thinking and learning organization according to~~	46966
~~principles of systems design and collaborative professional~~	46967
~~learning communities research as defined by the superintendent of~~	46968
~~public instruction, including a focus on the personalized and~~	46969
~~individualized needs of each student; a shared responsibility~~	46970
~~among school boards, administrators, faculty, and staff to develop~~	46971
~~a common vision, mission, and set of guiding principles; a shared~~	46972
~~responsibility among school boards, administrators, faculty, and~~	46973
~~staff to engage in a process of collective inquiry, action~~	46974
~~orientation, and experimentation to ensure the academic success of~~	46975
~~all students; commitment to teaching and learning strategies that~~	46976
~~utilize technological tools and emphasize inter-disciplinary,~~	46977
~~real-world, project-based, and technology-oriented learning~~	46978
~~experiences to meet the individual needs of every student;~~with a	46979
commitment to high expectations for every student based on the	46980
learning needs of each individual, including students with	46981
disabilities, economically disadvantaged students, limited English	46982
proficient students, and students identified as gifted, and	46983
commitment to closing the achievement gap without suppressing the	46984
achievement levels of higher achieving students so that all	46985
students achieve core knowledge and skills in accordance with the	46986
statewide academic standards adopted under section 3301.079 of the	46987
Revised Code; ~~commitment to the use of assessments to diagnose~~	46988
~~the needs of each student; effective connections and relationships~~	46989
~~with families and others that support student success; and~~	46990
~~commitment to the use of positive behavior intervention supports~~	46991
~~throughout a district to ensure a safe and secure learning~~	46992
~~environment for all students;~~	46993

(b) Standards for the establishment of business advisory	46994
councils under section 3313.82 of the Revised Code;	46995

46996

~~(i) The~~the effective and efficient organization,	46997
administration, and supervision of each school district building	46998
~~so that it becomes a thinking and learning organization according~~	46999
~~to principles of systems design and collaborative professional~~	47000
~~learning communities research as defined by the state~~	47001
~~superintendent, including a focus on the personalized and~~	47002
~~individualized needs of each student; a shared responsibility~~	47003
~~among building administrators, faculty, and staff to develop a~~	47004
~~common vision, mission, and set of guiding principles; a shared~~	47005
~~responsibility among building administrators, faculty, and staff~~	47006
~~to engage in a process of collective inquiry, action orientation,~~	47007
~~and experimentation to ensure the academic success of all~~	47008
~~students; commitment to job embedded professional development and~~	47009
~~professional mentoring and coaching; established periods of time~~	47010
~~for teachers to pursue planning time for the development of lesson~~	47011
~~plans, professional development, and shared learning; commitment~~	47012
~~to effective management strategies that allow administrators~~	47013
~~reasonable access to classrooms for observation and professional~~	47014
~~development experiences; commitment to teaching and learning~~	47015
~~strategies that utilize technological tools and emphasize~~	47016
~~inter-disciplinary, real-world, project-based, and~~	47017
~~technology-oriented learning experiences to meet the individual~~	47018
~~needs of every student;~~with a commitment to high expectations for	47019
every student based on the learning needs of each individual,	47020
including students with disabilities, economically disadvantaged	47021
students, limited English proficient students, and students	47022
identified as gifted, and commitment to closing the achievement	47023
gap without suppressing the achievement levels of higher achieving	47024
students so that all students achieve core knowledge and skills in	47025
accordance with the statewide academic standards adopted under	47026
section 3301.079 of the Revised Code~~; commitment to the use of~~	47027
~~assessments to diagnose the needs of each student; effective~~	47028
~~connections and relationships with families and others that~~	47029
~~support student success; commitment to the use of positive~~	47030
~~behavior intervention supports throughout the building to ensure a~~	47031
~~safe and secure learning environment for all students;~~	47032

~~(ii) A school building leadership team to coordinate positive~~	47033
~~behavior intervention supports, learning environments, thinking~~	47034
~~and learning systems, collaborative planning, planning time,~~	47035
~~student academic interventions, student extended learning~~	47036
~~opportunities, and other activities identified by the team and~~	47037
~~approved by the district board of education. The team shall~~	47038
~~include the building principal, representatives from each~~	47039
~~collective bargaining unit, a classroom teacher, parents, business~~	47040
~~representatives, and others that support student success~~.	47041

(E) The state board may require as part of the health	47042
curriculum information developed under section 2108.34 of the	47043
Revised Code promoting the donation of anatomical gifts pursuant	47044
to Chapter 2108. of the Revised Code and may provide the	47045
information to high schools, educational service centers, and	47046
joint vocational school district boards of education;	47047

(F) The state board shall prepare and submit annually to the	47048
governor and the general assembly a report on the status, needs,	47049
and major problems of the public schools of the state, with	47050
recommendations for necessary legislative action and a ten-year	47051
projection of the state's public and nonpublic school enrollment,	47052
by year and by grade level.	47053

(G) The state board shall prepare and submit to the director	47054
of budget and management the biennial budgetary requests of the	47055
state board of education, for its agencies and for the public	47056
schools of the state.	47057

(H) The state board shall cooperate with federal, state, and	47058
local agencies concerned with the health and welfare of children	47059
and youth of the state.	47060

(I) The state board shall require such reports from school	47061
districts and educational service centers, school officers, and	47062
employees as are necessary and desirable. The superintendents and	47063
treasurers of school districts and educational service centers	47064
shall certify as to the accuracy of all reports required by law or	47065
state board or state department of education rules to be submitted	47066
by the district or educational service center and which contain	47067
information necessary for calculation of state funding. Any	47068
superintendent who knowingly falsifies such report shall be	47069
subject to license revocation pursuant to section 3319.31 of the	47070
Revised Code.	47071

(J) In accordance with Chapter 119. of the Revised Code, the	47072
state board shall adopt procedures, standards, and guidelines for	47073
the education of children with disabilities pursuant to Chapter	47074
3323. of the Revised Code, including procedures, standards, and	47075
guidelines governing programs and services operated by county	47076
boards of developmental disabilities pursuant to section 3323.09	47077
of the Revised Code.	47078

(K) For the purpose of encouraging the development of special	47079
programs of education for academically gifted children, the state	47080
board shall employ competent persons to analyze and publish data,	47081
promote research, advise and counsel with boards of education, and	47082
encourage the training of teachers in the special instruction of	47083
gifted children. The board may provide financial assistance out of	47084
any funds appropriated for this purpose to boards of education and	47085
educational service center governing boards for developing and	47086
conducting programs of education for academically gifted children.	47087

(L) The state board shall require that all public schools	47088
emphasize and encourage, within existing units of study, the	47089
teaching of energy and resource conservation as recommended to	47090
each district board of education by leading business persons	47091
involved in energy production and conservation, beginning in the	47092
primary grades.	47093

(M) The state board shall formulate and prescribe minimum	47094
standards requiring the use of phonics as a technique in the	47095
teaching of reading in grades kindergarten through three. In	47096
addition, the state board shall provide in-service training	47097
programs for teachers on the use of phonics as a technique in the	47098
teaching of reading in grades kindergarten through three.	47099

(N) The state board may adopt rules necessary for carrying	47100
out any function imposed on it by law, and may provide rules as	47101
are necessary for its government and the government of its	47102
employees, and may delegate to the superintendent of public	47103
instruction the management and administration of any function	47104
imposed on it by law. It may provide for the appointment of board	47105
members to serve on temporary committees established by the board	47106
for such purposes as are necessary. Permanent or standing	47107
committees shall not be created.	47108

(O) Upon application from the board of education of a school	47109
district, the superintendent of public instruction may issue a	47110
waiver exempting the district from compliance with the standards	47111
adopted under divisions (B)(2) and (D) of this section, as they	47112
relate to the operation of a school operated by the district. The	47113
state board shall adopt standards for the approval or disapproval	47114
of waivers under this division. The state superintendent shall	47115
consider every application for a waiver, and shall determine	47116
whether to grant or deny a waiver in accordance with the state	47117
board's standards. For each waiver granted, the state	47118
superintendent shall specify the period of time during which the	47119
waiver is in effect, which shall not exceed five years. A district	47120
board may apply to renew a waiver.	47121

Sec. 3301.0711. (A) The department of education shall:

47122

(1) Annually furnish to, grade, and score all assessments	47123
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	47124
the Revised Code to be administered by city, local, exempted	47125
village, and joint vocational school districts, except that each	47126
district shall score any assessment administered pursuant to	47127
division (B)(10) of this section. Each assessment so furnished	47128
shall include the data verification code of the student to whom	47129
the assessment will be administered, as assigned pursuant to	47130
division (D)(2) of section 3301.0714 of the Revised Code. In	47131
furnishing the practice versions of Ohio graduation tests	47132
prescribed by division (D) of section 3301.0710 of the Revised	47133
Code, the department shall make the tests available on its web	47134
site for reproduction by districts. In awarding contracts for	47135
grading assessments, the department shall give preference to	47136
Ohio-based entities employing Ohio residents.	47137

(2) Adopt rules for the ethical use of assessments and	47138
prescribing the manner in which the assessments prescribed by	47139
section 3301.0710 of the Revised Code shall be administered to	47140
students.	47141

(B) Except as provided in divisions (C) and (J) of this	47142
section, the board of education of each city, local, and exempted	47143
village school district shall, in accordance with rules adopted	47144
under division (A) of this section:	47145

(1) Administer the English language arts assessments	47146
prescribed under division (A)(1)(a) of section 3301.0710 of the	47147
Revised Code twice annually to all students in the third grade who	47148
have not attained the score designated for that assessment under	47149
division (A)(2)(c) of section 3301.0710 of the Revised Code.	47150

(2) Administer the mathematics assessment prescribed under	47151
division (A)(1)(a) of section 3301.0710 of the Revised Code at	47152
least once annually to all students in the third grade.	47153

(3) Administer the assessments prescribed under division	47154
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	47155
annually to all students in the fourth grade.	47156

(4) Administer the assessments prescribed under division	47157
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	47158
annually to all students in the fifth grade.	47159

(5) Administer the assessments prescribed under division	47160
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	47161
annually to all students in the sixth grade.	47162

(6) Administer the assessments prescribed under division	47163
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	47164
annually to all students in the seventh grade.	47165

(7) Administer the assessments prescribed under division	47166
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	47167
annually to all students in the eighth grade.	47168

(8) Except as provided in division (B)(9) of this section,	47169
administer any assessment prescribed under division (B)(1) of	47170
section 3301.0710 of the Revised Code as follows:	47171

(a) At least once annually to all tenth grade students and at	47172
least twice annually to all students in eleventh or twelfth grade	47173
who have not yet attained the score on that assessment designated	47174
under that division;	47175

(b) To any person who has successfully completed the	47176
curriculum in any high school or the individualized education	47177
program developed for the person by any high school pursuant to	47178
section 3323.08 of the Revised Code but has not received a high	47179
school diploma and who requests to take such assessment, at any	47180
time such assessment is administered in the district.	47181

(9) In lieu of the board of education of any city, local, or	47182
exempted village school district in which the student is also	47183
enrolled, the board of a joint vocational school district shall	47184
administer any assessment prescribed under division (B)(1) of	47185
section 3301.0710 of the Revised Code at least twice annually to	47186
any student enrolled in the joint vocational school district who	47187
has not yet attained the score on that assessment designated under	47188
that division. A board of a joint vocational school district may	47189
also administer such an assessment to any student described in	47190
division (B)(8)(b) of this section.	47191

(10) If the district has a three-year average graduation rate	47192
of not more than seventy-five per cent, administer each assessment	47193
prescribed by division (D) of section 3301.0710 of the Revised	47194
Code in September to all ninth grade students, beginning in the	47195
school year that starts July 1, 2005.	47196

Except as provided in section 3313.614 of the Revised Code	47197
for administration of an assessment to a person who has fulfilled	47198
the curriculum requirement for a high school diploma but has not	47199
passed one or more of the required assessments, the assessments	47200
prescribed under division (B)(1) of section 3301.0710 of the	47201
Revised Code and the practice assessments prescribed under	47202
division (D) of that section and required to be administered under	47203
divisions (B)(8), (9), and (10) of this section shall not be	47204
administered after the assessment system prescribed by division	47205
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	47206
Code is implemented under rule of the state board adopted under	47207
division (D)(1) of section 3301.0712 of the Revised Code.	47208

(11) Administer the assessments prescribed by division (B)(2)	47209
of section 3301.0710 and section 3301.0712 of the Revised Code in	47210
accordance with the timeline and plan for implementation of those	47211
assessments prescribed by rule of the state board adopted under	47212
division (D)(1) of section 3301.0712 of the Revised Code.	47213

(C)(1)(a) In the case of a student receiving special	47214
education services under Chapter 3323. of the Revised Code, the	47215
individualized education program developed for the student under	47216
that chapter shall specify the manner in which the student will	47217
participate in the assessments administered under this section.	47218
The individualized education program may excuse the student from	47219
taking any particular assessment required to be administered under	47220
this section if it instead specifies an alternate assessment	47221
method approved by the department of education as conforming to	47222
requirements of federal law for receipt of federal funds for	47223
disadvantaged pupils. To the extent possible, the individualized	47224
education program shall not excuse the student from taking an	47225
assessment unless no reasonable accommodation can be made to	47226
enable the student to take the assessment.	47227

(b) Any alternate assessment approved by the department for a	47228
student under this division shall produce measurable results	47229
comparable to those produced by the assessment it replaces in	47230
order to allow for the student's results to be included in the	47231
data compiled for a school district or building under section	47232
3302.03 of the Revised Code.	47233

(c) Any student enrolled in a chartered nonpublic school who	47234
has been identified, based on an evaluation conducted in	47235
accordance with section 3323.03 of the Revised Code or section 504	47236
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	47237
794, as amended, as a child with a disability shall be excused	47238
from taking any particular assessment required to be administered	47239
under this section if a plan developed for the student pursuant to	47240
rules adopted by the state board excuses the student from taking	47241
that assessment. In the case of any student so excused from taking	47242
an assessment, the chartered nonpublic school shall not prohibit	47243
the student from taking the assessment.	47244

(2) A district board may, for medical reasons or other good	47245
cause, excuse a student from taking an assessment administered	47246
under this section on the date scheduled, but that assessment	47247
shall be administered to the excused student not later than nine	47248
days following the scheduled date. The district board shall	47249
annually report the number of students who have not taken one or	47250
more of the assessments required by this section to the state	47251
board of education not later than the thirtieth day of June.	47252

(3) As used in this division, "limited English proficient	47253
student" has the same meaning as in 20 U.S.C. 7801.	47254

No school district board shall excuse any limited English	47255
proficient student from taking any particular assessment required	47256
to be administered under this section, except that any limited	47257
English proficient student who has been enrolled in United States	47258
schools for less than one full school year shall not be required	47259
to take any reading, writing, or English language arts assessment.	47260
However, no board shall prohibit a limited English proficient	47261
student who is not required to take an assessment under this	47262
division from taking the assessment. A board may permit any	47263
limited English proficient student to take an assessment required	47264
to be administered under this section with appropriate	47265
accommodations, as determined by the department. For each limited	47266
English proficient student, each school district shall annually	47267
assess that student's progress in learning English, in accordance	47268
with procedures approved by the department.	47269

The governing authority of a chartered nonpublic school may	47270
excuse a limited English proficient student from taking any	47271
assessment administered under this section. However, no governing	47272
authority shall prohibit a limited English proficient student from	47273
taking the assessment.	47274

(D)(1) In the school year next succeeding the school year in	47275
which the assessments prescribed by division (A)(1) or (B)(1) of	47276
section 3301.0710 of the Revised Code or former division (A)(1),	47277
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	47278
existed prior to September 11, 2001, are administered to any	47279
student, the board of education of any school district in which	47280
the student is enrolled in that year shall provide to the student	47281
intervention services commensurate with the student's performance,	47282
including any intensive intervention required under section	47283
3313.608 of the Revised Code, in any skill in which the student	47284
failed to demonstrate at least a score at the proficient level on	47285
the assessment.	47286

(2) Following any administration of the assessments	47287
prescribed by division (D) of section 3301.0710 of the Revised	47288
Code to ninth grade students, each school district that has a	47289
three-year average graduation rate of not more than seventy-five	47290
per cent shall determine for each high school in the district	47291
whether the school shall be required to provide intervention	47292
services to any students who took the assessments. In determining	47293
which high schools shall provide intervention services based on	47294
the resources available, the district shall consider each school's	47295
graduation rate and scores on the practice assessments. The	47296
district also shall consider the scores received by ninth grade	47297
students on the English language arts and mathematics assessments	47298
prescribed under division (A)(1)(f) of section 3301.0710 of the	47299
Revised Code in the eighth grade in determining which high schools	47300
shall provide intervention services.	47301

Each high school selected to provide intervention services	47302
under this division shall provide intervention services to any	47303
student whose results indicate that the student is failing to make	47304
satisfactory progress toward being able to attain scores at the	47305
proficient level on the Ohio graduation tests. Intervention	47306
services shall be provided in any skill in which a student	47307
demonstrates unsatisfactory progress and shall be commensurate	47308
with the student's performance. Schools shall provide the	47309
intervention services prior to the end of the school year, during	47310
the summer following the ninth grade, in the next succeeding	47311
school year, or at any combination of those times.	47312

(E) Except as provided in section 3313.608 of the Revised	47313
Code and division (M) of this section, no school district board of	47314
education shall utilize any student's failure to attain a	47315
specified score on an assessment administered under this section	47316
as a factor in any decision to deny the student promotion to a	47317
higher grade level. However, a district board may choose not to	47318
promote to the next grade level any student who does not take an	47319
assessment administered under this section or make up an	47320
assessment as provided by division (C)(2) of this section and who	47321
is not exempt from the requirement to take the assessment under	47322
division (C)(3) of this section.	47323

(F) No person shall be charged a fee for taking any	47324
assessment administered under this section.	47325

(G)(1) Each school district board shall designate one	47326
location for the collection of assessments administered in the	47327
spring under division (B)(1) of this section and those	47328
administered under divisions (B)(2) to (7) of this section. Each	47329
district board shall submit the assessments to the entity with	47330
which the department contracts for the scoring of the assessments	47331
as follows:	47332

(a) If the district's total enrollment in grades kindergarten	47333
through twelve during the first full school week of October was	47334
less than two thousand five hundred, not later than the Friday	47335
after all of the assessments have been administered;	47336

(b) If the district's total enrollment in grades kindergarten	47337
through twelve during the first full school week of October was	47338
two thousand five hundred or more, but less than seven thousand,	47339
not later than the Monday after all of the assessments have been	47340
administered;	47341

(c) If the district's total enrollment in grades kindergarten	47342
through twelve during the first full school week of October was	47343
seven thousand or more, not later than the Tuesday after all of	47344
the assessments have been administered.	47345

However, any assessment that a student takes during the	47346
make-up period described in division (C)(2) of this section shall	47347
be submitted not later than the Friday following the day the	47348
student takes the assessment.	47349

(2) The department or an entity with which the department	47350
contracts for the scoring of the assessment shall send to each	47351
school district board a list of the individual scores of all	47352
persons taking an assessment prescribed by division (A)(1) or	47353
(B)(1) of section 3301.0710 of the Revised Code within sixty days	47354
after its administration, but in no case shall the scores be	47355
returned later than the fifteenth day of June following the	47356
administration. For assessments administered under this section by	47357
a joint vocational school district, the department or entity shall	47358
also send to each city, local, or exempted village school district	47359
a list of the individual scores of any students of such city,	47360
local, or exempted village school district who are attending	47361
school in the joint vocational school district.	47362

(H) Individual scores on any assessments administered under	47363
this section shall be released by a district board only in	47364
accordance with section 3319.321 of the Revised Code and the rules	47365
adopted under division (A) of this section. No district board or	47366
its employees shall utilize individual or aggregate results in any	47367
manner that conflicts with rules for the ethical use of	47368
assessments adopted pursuant to division (A) of this section.	47369

(I) Except as provided in division (G) of this section, the	47370
department or an entity with which the department contracts for	47371
the scoring of the assessment shall not release any individual	47372
scores on any assessment administered under this section. The	47373
state board of education shall adopt rules to ensure the	47374
protection of student confidentiality at all times. The rules may	47375
require the use of the data verification codes assigned to	47376
students pursuant to division (D)(2) of section 3301.0714 of the	47377
Revised Code to protect the confidentiality of student scores.	47378

(J) Notwithstanding division (D) of section 3311.52 of the	47379
Revised Code, this section does not apply to the board of	47380
education of any cooperative education school district except as	47381
provided under rules adopted pursuant to this division.	47382

(1) In accordance with rules that the state board of	47383
education shall adopt, the board of education of any city,	47384
exempted village, or local school district with territory in a	47385
cooperative education school district established pursuant to	47386
divisions (A) to (C) of section 3311.52 of the Revised Code may	47387
enter into an agreement with the board of education of the	47388
cooperative education school district for administering any	47389
assessment prescribed under this section to students of the city,	47390
exempted village, or local school district who are attending	47391
school in the cooperative education school district.	47392

(2) In accordance with rules that the state board of	47393
education shall adopt, the board of education of any city,	47394
exempted village, or local school district with territory in a	47395
cooperative education school district established pursuant to	47396
section 3311.521 of the Revised Code shall enter into an agreement	47397
with the cooperative district that provides for the administration	47398
of any assessment prescribed under this section to both of the	47399
following:	47400

(a) Students who are attending school in the cooperative	47401
district and who, if the cooperative district were not	47402
established, would be entitled to attend school in the city,	47403
local, or exempted village school district pursuant to section	47404
3313.64 or 3313.65 of the Revised Code;	47405

(b) Persons described in division (B)(8)(b) of this section.

47406

Any assessment of students pursuant to such an agreement	47407
shall be in lieu of any assessment of such students or persons	47408
pursuant to this section.	47409

(K)(1) ~~As a condition of compliance with section 3313.612 of~~	47410
~~the Revised Code, each chartered nonpublic school that educates~~	47411
(a) Each chartered nonpublic school for which at least thirty-five	47412
per cent of its total enrollment is made up of students who are	47413
participating in state scholarship programs shall administer the	47414
assessments prescribed by section 3301.0710 of the Revised Code.	47415

(b) If a chartered nonpublic school is not subject to	47416
division (K)(1)(a) of this section and is educating students in	47417
grades nine through twelve, it shall administer the assessments	47418
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the	47419
Revised Code as a condition of compliance with section 3313.612 of	47420
the Revised Code. Any chartered nonpublic school that is not	47421
subject to division (K)(1)(a) of this section may participate in	47422
the assessment program by administering any of the assessments	47423
prescribed by division (A) of section 3301.0710 of the Revised	47424
Code. The chief administrator of the school shall specify which	47425
assessments the school will administer. Such specification shall	47426
be made in writing to the superintendent of public instruction	47427
prior to the first day of August of any school year in which	47428
assessments are administered and shall include a pledge that the	47429
nonpublic school will administer the specified assessments in the	47430
same manner as public schools are required to do under this	47431
section and rules adopted by the department.	47432

(2) The department of education shall furnish the assessments	47433
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	47434
to each chartered nonpublic school that is subject to division	47435
(K)(1)(a) of this section or participates under ~~this~~ division	47436
(K)(1)(b) of this section.	47437

(L)(1) The superintendent of the state school for the blind	47438
and the superintendent of the state school for the deaf shall	47439
administer the assessments described by sections 3301.0710 and	47440
3301.0712 of the Revised Code. Each superintendent shall	47441
administer the assessments in the same manner as district boards	47442
are required to do under this section and rules adopted by the	47443
department of education and in conformity with division (C)(1)(a)	47444
of this section.	47445

(2) The department of education shall furnish the assessments	47446
described by sections 3301.0710 and 3301.0712 of the Revised Code	47447
to each superintendent.	47448

(M) Notwithstanding division (E) of this section, a school	47449
district may use a student's failure to attain a score in at least	47450
the proficient range on the mathematics assessment described by	47451
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	47452
an assessment described by division (A)(1)(b), (c), (d), (e), or	47453
(f) of section 3301.0710 of the Revised Code as a factor in	47454
retaining that student in the current grade level.	47455

(N)(1) In the manner specified in divisions (N)(3) and (4)	47456
of this section, the assessments required by division (A)(1) of	47457
section 3301.0710 of the Revised Code shall become public records	47458
pursuant to section 149.43 of the Revised Code on the first day of	47459
July following the school year that the assessments were	47460
administered.	47461

(2) The department may field test proposed questions with	47462
samples of students to determine the validity, reliability, or	47463
appropriateness of questions for possible inclusion in a future	47464
year's assessment. The department also may use anchor questions on	47465
assessments to ensure that different versions of the same	47466
assessment are of comparable difficulty.	47467

Field test questions and anchor questions shall not be	47468
considered in computing scores for individual students. Field test	47469
questions and anchor questions may be included as part of the	47470
administration of any assessment required by division (A)(1) or	47471
(B)(1) of section 3301.0710 of the Revised Code.	47472

(3) Any field test question or anchor question administered	47473
under division (N)(2) of this section shall not be a public	47474
record. Such field test questions and anchor questions shall be	47475
redacted from any assessments which are released as a public	47476
record pursuant to division (N)(1) of this section.	47477

(4) This division applies to the assessments prescribed by	47478
division (A) of section 3301.0710 of the Revised Code.	47479

(a) The first administration of each assessment, as specified	47480
in former section 3301.0712 of the Revised Code, shall be a public	47481
record.	47482

(b) For subsequent administrations of each assessment prior	47483
to the 2011-2012 school year, not less than forty per cent of the	47484
questions on the assessment that are used to compute a student's	47485
score shall be a public record. The department shall determine	47486
which questions will be needed for reuse on a future assessment	47487
and those questions shall not be public records and shall be	47488
redacted from the assessment prior to its release as a public	47489
record. However, for each redacted question, the department shall	47490
inform each city, local, and exempted village school district of	47491
the statewide academic standard adopted by the state board of	47492
education under section 3301.079 of the Revised Code and the	47493
corresponding benchmark to which the question relates. The	47494
preceding sentence does not apply to field test questions that are	47495
redacted under division (N)(3) of this section.	47496

(c) The administrations of each assessment in the 2011-2012	47497
school year and later shall not be a public record.	47498

(5) Each assessment prescribed by division (B)(1) of section	47499
3301.0710 of the Revised Code shall not be a public record.	47500

(O) As used in this section:

47501

(1) "Three-year average" means the average of the most recent	47502
consecutive three school years of data.	47503

(2) "Dropout" means a student who withdraws from school	47504
before completing course requirements for graduation and who is	47505
not enrolled in an education program approved by the state board	47506
of education or an education program outside the state. "Dropout"	47507
does not include a student who has departed the country.	47508

(3) "Graduation rate" means the ratio of students receiving a	47509
diploma to the number of students who entered ninth grade four	47510
years earlier. Students who transfer into the district are added	47511
to the calculation. Students who transfer out of the district for	47512
reasons other than dropout are subtracted from the calculation. If	47513
a student who was a dropout in any previous year returns to the	47514
same school district, that student shall be entered into the	47515
calculation as if the student had entered ninth grade four years	47516
before the graduation year of the graduating class that the	47517
student joins.	47518

(4) "State scholarship programs" means the educational choice	47519
scholarship pilot program established under sections 3310.01 to	47520
3310.17 of the Revised Code, the autism scholarship program	47521
established under section 3310.41 of the Revised Code, the Jon	47522
Peterson special needs scholarship program established under	47523
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	47524
project scholarship program established under sections 3313.974 to	47525
3313.979 of the Revised Code.	47526

Sec. 3301.0712. (A) The state board of education, the	47527
superintendent of public instruction, and the chancellor of the	47528
Ohio board of regents shall develop a system of college and work	47529
ready assessments as described in divisions (B)(1) and (2) of this	47530
section to assess whether each student upon graduating from high	47531
school is ready to enter college or the workforce. The system	47532
shall replace the Ohio graduation tests prescribed in division	47533
(B)(1) of section 3301.0710 of the Revised Code as a measure of	47534
student academic performance and a prerequisite for eligibility	47535
for a high school diploma in the manner prescribed by rule of the	47536
state board adopted under division (D) of this section.	47537

(B) The college and work ready assessment system shall	47538
consist of the following:	47539

(1) A nationally standardized assessment that measures	47540
college and career readiness selected jointly by the state	47541
superintendent and the chancellor.	47542

(2) A series of end-of-course examinations in the areas of	47543
science, mathematics, English language arts, American history, and	47544
American government selected jointly by the state superintendent	47545
and the chancellor in consultation with faculty in the appropriate	47546
subject areas at institutions of higher education of the	47547
university system of Ohio. For each subject area, the state	47548
superintendent and chancellor shall select multiple assessments	47549
that school districts, public schools, and chartered nonpublic	47550
schools may use as end-of-course examinations. Subject to division	47551
(B)(3)(b) of this section, those assessments shall include	47552
nationally recognized subject area assessments, such as advanced	47553
placement examinations, SAT subject tests, international	47554
baccalaureate examinations, and other assessments of college and	47555
work readiness.	47556

(3)(a) Not later than July 1, 2013, each school district	47557
board of education shall adopt interim end-of-course examinations	47558
that comply with the requirements of divisions (B)(3)(b)(i) and	47559
(ii) of this section to assess mastery of American history and	47560
American government standards adopted under division (A)(1)(b) of	47561
section 3301.079 of the Revised Code and the topics required under	47562
division (M) of section 3313.603 of the Revised Code. Each high	47563
school of the district shall use the interim examinations until	47564
the state superintendent and chancellor select end-of-course	47565
examinations in American history and American government under	47566
division (B)(2) of this section.	47567

(b) Not later than July 1, 2014, the state superintendent and	47568
the chancellor shall select the end-of-course examinations in	47569
American history and American government.	47570

(i) The end-of-course examinations in American history and	47571
American government shall require demonstration of mastery of the	47572
American history and American government content for social	47573
studies standards adopted under division (A)(1)(b) of section	47574
3301.079 of the Revised Code and the topics required under	47575
division (M) of section 3313.603 of the Revised Code.	47576

(ii) At least twenty per cent of the end-of-course	47577
examination in American government shall address the topics on	47578
American history and American government described in division (M)	47579
of section 3313.603 of the Revised Code.	47580

(C) The state board shall convene a group of national	47581
experts, state experts, and local practitioners to provide advice,	47582
guidance, and recommendations for the alignment of standards and	47583
model curricula to the assessments and in the design of the	47584
end-of-course examinations prescribed by this section.	47585

(D) Upon completion of the development of the assessment	47586
system, the state board shall adopt rules prescribing all of the	47587
following:	47588

(1) A timeline and plan for implementation of the assessment	47589
system, including a phased implementation if the state board	47590
determines such a phase-in is warranted;	47591

(2) The date after which a person entering ninth grade shall	47592
meet the requirements of the entire assessment system as a	47593
prerequisite for a high school diploma under section 3313.61,	47594
3313.612, or 3325.08 of the Revised Code;	47595

(3) The date after which a person shall meet the requirements	47596
of the entire assessment system as a prerequisite for a diploma of	47597
adult education under section 3313.611 of the Revised Code;	47598

(4) Whether and the extent to which a person may be excused	47599
from an American history end-of-course examination and an American	47600
government end-of-course examination under division (H) of section	47601
3313.61 and division (B)~~(2)~~(3) of section 3313.612 of the Revised	47602
Code;	47603

(5) The date after which a person who has fulfilled the	47604
curriculum requirement for a diploma but has not passed one or	47605
more of the required assessments at the time the person fulfilled	47606
the curriculum requirement shall meet the requirements of the	47607
entire assessment system as a prerequisite for a high school	47608
diploma under division (B) of section 3313.614 of the Revised	47609
Code;	47610

(6) The extent to which the assessment system applies to	47611
students enrolled in a dropout recovery and prevention program for	47612
purposes of division (F) of section 3313.603 and section 3314.36	47613
of the Revised Code.	47614

No rule adopted under this division shall be effective	47615
earlier than one year after the date the rule is filed in final	47616
form pursuant to Chapter 119. of the Revised Code.	47617

(E) Not later than forty-five days prior to the state board's	47618
adoption of a resolution directing the department of education to	47619
file the rules prescribed by division (D) of this section in final	47620
form under section 119.04 of the Revised Code, the superintendent	47621
of public instruction shall present the assessment system	47622
developed under this section to the respective committees of the	47623
house of representatives and senate that consider education	47624
legislation.	47625

Sec. 3301.0714. (A) The state board of education shall adopt	47626
rules for a statewide education management information system. The	47627
rules shall require the state board to establish guidelines for	47628
the establishment and maintenance of the system in accordance with	47629
this section and the rules adopted under this section. The	47630
guidelines shall include:	47631

(1) Standards identifying and defining the types of data in	47632
the system in accordance with divisions (B) and (C) of this	47633
section;	47634

(2) Procedures for annually collecting and reporting the data	47635
to the state board in accordance with division (D) of this	47636
section;	47637

(3) Procedures for annually compiling the data in accordance	47638
with division (G) of this section;	47639

(4) Procedures for annually reporting the data to the public	47640
in accordance with division (H) of this section.	47641

(B) The guidelines adopted under this section shall require	47642
the data maintained in the education management information system	47643
to include at least the following:	47644

(1) Student participation and performance data, for each	47645
grade in each school district as a whole and for each grade in	47646
each school building in each school district, that includes:	47647

(a) The numbers of students receiving each category of	47648
instructional service offered by the school district, such as	47649
regular education instruction, vocational education instruction,	47650
specialized instruction programs or enrichment instruction that is	47651
part of the educational curriculum, instruction for gifted	47652
students, instruction for students with disabilities, and remedial	47653
instruction. The guidelines shall require instructional services	47654
under this division to be divided into discrete categories if an	47655
instructional service is limited to a specific subject, a specific	47656
type of student, or both, such as regular instructional services	47657
in mathematics, remedial reading instructional services,	47658
instructional services specifically for students gifted in	47659
mathematics or some other subject area, or instructional services	47660
for students with a specific type of disability. The categories of	47661
instructional services required by the guidelines under this	47662
division shall be the same as the categories of instructional	47663
services used in determining cost units pursuant to division	47664
(C)(3) of this section.	47665

(b) The numbers of students receiving support or	47666
extracurricular services for each of the support services or	47667
extracurricular programs offered by the school district, such as	47668
counseling services, health services, and extracurricular sports	47669
and fine arts programs. The categories of services required by the	47670
guidelines under this division shall be the same as the categories	47671
of services used in determining cost units pursuant to division	47672
(C)(4)(a) of this section.	47673

(c) Average student grades in each subject in grades nine	47674
through twelve;	47675

(d) Academic achievement levels as assessed under sections	47676
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	47677

(e) The number of students designated as having a disabling	47678
condition pursuant to division (C)(1) of section 3301.0711 of the	47679
Revised Code;	47680

(f) The numbers of students reported to the state board	47681
pursuant to division (C)(2) of section 3301.0711 of the Revised	47682
Code;	47683

(g) Attendance rates and the average daily attendance for the	47684
year. For purposes of this division, a student shall be counted as	47685
present for any field trip that is approved by the school	47686
administration.	47687

(h) Expulsion rates;

47688

(i) Suspension rates;

47689

(j) Dropout rates;

47690

(k) Rates of retention in grade;

47691

(l) For pupils in grades nine through twelve, the average	47692
number of carnegie units, as calculated in accordance with state	47693
board of education rules;	47694

(m) Graduation rates, to be calculated in a manner specified	47695
by the department of education that reflects the rate at which	47696
students who were in the ninth grade three years prior to the	47697
current year complete school and that is consistent with	47698
nationally accepted reporting requirements;	47699

(n) Results of diagnostic assessments administered to	47700
kindergarten students as required under section 3301.0715 of the	47701
Revised Code to permit a comparison of the academic readiness of	47702
kindergarten students. However, no district shall be required to	47703
report to the department the results of any diagnostic assessment	47704
administered to a kindergarten student if the parent of that	47705
student requests the district not to report those results.	47706

(2) Personnel and classroom enrollment data for each school	47707
district, including:	47708

(a) The total numbers of licensed employees and nonlicensed	47709
employees and the numbers of full-time equivalent licensed	47710
employees and nonlicensed employees providing each category of	47711
instructional service, instructional support service, and	47712
administrative support service used pursuant to division (C)(3) of	47713
this section. The guidelines adopted under this section shall	47714
require these categories of data to be maintained for the school	47715
district as a whole and, wherever applicable, for each grade in	47716
the school district as a whole, for each school building as a	47717
whole, and for each grade in each school building.	47718

(b) The total number of employees and the number of full-time	47719
equivalent employees providing each category of service used	47720
pursuant to divisions (C)(4)(a) and (b) of this section, and the	47721
total numbers of licensed employees and nonlicensed employees and	47722
the numbers of full-time equivalent licensed employees and	47723
nonlicensed employees providing each category used pursuant to	47724
division (C)(4)(c) of this section. The guidelines adopted under	47725
this section shall require these categories of data to be	47726
maintained for the school district as a whole and, wherever	47727
applicable, for each grade in the school district as a whole, for	47728
each school building as a whole, and for each grade in each school	47729
building.	47730

(c) The total number of regular classroom teachers teaching	47731
classes of regular education and the average number of pupils	47732
enrolled in each such class, in each of grades kindergarten	47733
through five in the district as a whole and in each school	47734
building in the school district.	47735

(d) The number of lead teachers employed by each school	47736
district and each school building.	47737

(3)(a) Student demographic data for each school district,	47738
including information regarding the gender ratio of the school	47739
district's pupils, the racial make-up of the school district's	47740
pupils, the number of limited English proficient students in the	47741
district, and an appropriate measure of the number of the school	47742
district's pupils who reside in economically disadvantaged	47743
households. The demographic data shall be collected in a manner to	47744
allow correlation with data collected under division (B)(1) of	47745
this section. Categories for data collected pursuant to division	47746
(B)(3) of this section shall conform, where appropriate, to	47747
standard practices of agencies of the federal government.	47748

(b) With respect to each student entering kindergarten,	47749
whether the student previously participated in a public preschool	47750
program, a private preschool program, or a head start program, and	47751
the number of years the student participated in each of these	47752
programs.	47753

(4) Any data required to be collected pursuant to federal	47754
law.	47755

(C) The education management information system shall include	47756
cost accounting data for each district as a whole and for each	47757
school building in each school district. The guidelines adopted	47758
under this section shall require the cost data for each school	47759
district to be maintained in a system of mutually exclusive cost	47760
units and shall require all of the costs of each school district	47761
to be divided among the cost units. The guidelines shall require	47762
the system of mutually exclusive cost units to include at least	47763
the following:	47764

(1) Administrative costs for the school district as a whole.	47765
The guidelines shall require the cost units under this division	47766
(C)(1) to be designed so that each of them may be compiled and	47767
reported in terms of average expenditure per pupil in formula ADM	47768
in the school district, as determined pursuant to section 3317.03	47769
of the Revised Code.	47770

(2) Administrative costs for each school building in the	47771
school district. The guidelines shall require the cost units under	47772
this division (C)(2) to be designed so that each of them may be	47773
compiled and reported in terms of average expenditure per	47774
full-time equivalent pupil receiving instructional or support	47775
services in each building.	47776

(3) Instructional services costs for each category of	47777
instructional service provided directly to students and required	47778
by guidelines adopted pursuant to division (B)(1)(a) of this	47779
section. The guidelines shall require the cost units under	47780
division (C)(3) of this section to be designed so that each of	47781
them may be compiled and reported in terms of average expenditure	47782
per pupil receiving the service in the school district as a whole	47783
and average expenditure per pupil receiving the service in each	47784
building in the school district and in terms of a total cost for	47785
each category of service and, as a breakdown of the total cost, a	47786
cost for each of the following components:	47787

(a) The cost of each instructional services category required	47788
by guidelines adopted under division (B)(1)(a) of this section	47789
that is provided directly to students by a classroom teacher;	47790

(b) The cost of the instructional support services, such as	47791
services provided by a speech-language pathologist, classroom	47792
aide, multimedia aide, or librarian, provided directly to students	47793
in conjunction with each instructional services category;	47794

(c) The cost of the administrative support services related	47795
to each instructional services category, such as the cost of	47796
personnel that develop the curriculum for the instructional	47797
services category and the cost of personnel supervising or	47798
coordinating the delivery of the instructional services category.	47799

(4) Support or extracurricular services costs for each	47800
category of service directly provided to students and required by	47801
guidelines adopted pursuant to division (B)(1)(b) of this section.	47802
The guidelines shall require the cost units under division (C)(4)	47803
of this section to be designed so that each of them may be	47804
compiled and reported in terms of average expenditure per pupil	47805
receiving the service in the school district as a whole and	47806
average expenditure per pupil receiving the service in each	47807
building in the school district and in terms of a total cost for	47808
each category of service and, as a breakdown of the total cost, a	47809
cost for each of the following components:	47810

(a) The cost of each support or extracurricular services	47811
category required by guidelines adopted under division (B)(1)(b)	47812
of this section that is provided directly to students by a	47813
licensed employee, such as services provided by a guidance	47814
counselor or any services provided by a licensed employee under a	47815
supplemental contract;	47816

(b) The cost of each such services category provided directly	47817
to students by a nonlicensed employee, such as janitorial	47818
services, cafeteria services, or services of a sports trainer;	47819

(c) The cost of the administrative services related to each	47820
services category in division (C)(4)(a) or (b) of this section,	47821
such as the cost of any licensed or nonlicensed employees that	47822
develop, supervise, coordinate, or otherwise are involved in	47823
administering or aiding the delivery of each services category.	47824

(D)(1) The guidelines adopted under this section shall	47825
require school districts to collect information about individual	47826
students, staff members, or both in connection with any data	47827
required by division (B) or (C) of this section or other reporting	47828
requirements established in the Revised Code. The guidelines may	47829
also require school districts to report information about	47830
individual staff members in connection with any data required by	47831
division (B) or (C) of this section or other reporting	47832
requirements established in the Revised Code. The guidelines shall	47833
not authorize school districts to request social security numbers	47834
of individual students. The guidelines shall prohibit the	47835
reporting under this section of a student's name, address, and	47836
social security number to the state board of education or the	47837
department of education. The guidelines shall also prohibit the	47838
reporting under this section of any personally identifiable	47839
information about any student, except for the purpose of assigning	47840
the data verification code required by division (D)(2) of this	47841
section, to any other person unless such person is employed by the	47842
school district or the information technology center operated	47843
under section 3301.075 of the Revised Code and is authorized by	47844
the district or technology center to have access to such	47845
information or is employed by an entity with which the department	47846
contracts for the scoring or the development of state assessments.	47847
The guidelines may require school districts to provide the social	47848
security numbers of individual staff members and the county of	47849
residence for a student. Nothing in this section prohibits the	47850
state board of education or department of education from providing	47851
a student's county of residence to the department of taxation to	47852
facilitate the distribution of tax revenue.	47853

(2)(a) The guidelines shall provide for each school district	47854
or community school to assign a data verification code that is	47855
unique on a statewide basis over time to each student whose	47856
initial Ohio enrollment is in that district or school and to	47857
report all required individual student data for that student	47858
utilizing such code. The guidelines shall also provide for	47859
assigning data verification codes to all students enrolled in	47860
districts or community schools on the effective date of the	47861
guidelines established under this section. The assignment of data	47862
verification codes for other entities, as described in division	47863
(D)(2)(c) of this section, the use of those codes, and the	47864
reporting and use of associated individual student data shall be	47865
coordinated by the department in accordance with state and federal	47866
law.	47867

School districts shall report individual student data to the	47868
department through the information technology centers utilizing	47869
the code. The entities described in division (D)(2)(c) of this	47870
section shall report individual student data to the department in	47871
the manner prescribed by the department.	47872

Except as provided in sections 3301.941, 3310.11, 3310.42,	47873
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	47874
shall the state board or the department have access to information	47875
that would enable any data verification code to be matched to	47876
personally identifiable student data.	47877

(b) Each school district and community school shall ensure	47878
that the data verification code is included in the student's	47879
records reported to any subsequent school district, community	47880
school, or state institution of higher education, as defined in	47881
section 3345.011 of the Revised Code, in which the student	47882
enrolls. Any such subsequent district or school shall utilize the	47883
same identifier in its reporting of data under this section.	47884

(c) The director of any state agency that administers a	47885
publicly funded program providing services to children who are	47886
younger than compulsory school age, as defined in section 3321.01	47887
of the Revised Code, including the directors of health, job and	47888
family services, ~~mental health~~mental health and addiction	47889
services, and developmental disabilities, shall request and	47890
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	47891
Code, a data verification code for a child who is receiving those	47892
services.	47893

(E) The guidelines adopted under this section may require	47894
school districts to collect and report data, information, or	47895
reports other than that described in divisions (A), (B), and (C)	47896
of this section for the purpose of complying with other reporting	47897
requirements established in the Revised Code. The other data,	47898
information, or reports may be maintained in the education	47899
management information system but are not required to be compiled	47900
as part of the profile formats required under division (G) of this	47901
section or the annual statewide report required under division (H)	47902
of this section.	47903

(F) Beginning with the school year that begins July 1, 1991,	47904
the board of education of each school district shall annually	47905
collect and report to the state board, in accordance with the	47906
guidelines established by the board, the data required pursuant to	47907
this section. A school district may collect and report these data	47908
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	47909

(G) The state board shall, in accordance with the procedures	47910
it adopts, annually compile the data reported by each school	47911
district pursuant to division (D) of this section. The state board	47912
shall design formats for profiling each school district as a whole	47913
and each school building within each district and shall compile	47914
the data in accordance with these formats. These profile formats	47915
shall:	47916

(1) Include all of the data gathered under this section in a	47917
manner that facilitates comparison among school districts and	47918
among school buildings within each school district;	47919

(2) Present the data on academic achievement levels as	47920
assessed by the testing of student achievement maintained pursuant	47921
to division (B)(1)(d) of this section.	47922

(H)(1) The state board shall, in accordance with the	47923
procedures it adopts, annually prepare a statewide report for all	47924
school districts and the general public that includes the profile	47925
of each of the school districts developed pursuant to division (G)	47926
of this section. Copies of the report shall be sent to each school	47927
district.	47928

(2) The state board shall, in accordance with the procedures	47929
it adopts, annually prepare an individual report for each school	47930
district and the general public that includes the profiles of each	47931
of the school buildings in that school district developed pursuant	47932
to division (G) of this section. Copies of the report shall be	47933
sent to the superintendent of the district and to each member of	47934
the district board of education.	47935

(3) Copies of the reports received from the state board under	47936
divisions (H)(1) and (2) of this section shall be made available	47937
to the general public at each school district's offices. Each	47938
district board of education shall make copies of each report	47939
available to any person upon request and payment of a reasonable	47940
fee for the cost of reproducing the report. The board shall	47941
annually publish in a newspaper of general circulation in the	47942
school district, at least twice during the two weeks prior to the	47943
week in which the reports will first be available, a notice	47944
containing the address where the reports are available and the	47945
date on which the reports will be available.	47946

(I) Any data that is collected or maintained pursuant to this	47947
section and that identifies an individual pupil is not a public	47948
record for the purposes of section 149.43 of the Revised Code.	47949

(J) As used in this section:

47950

(1) "School district" means any city, local, exempted	47951
village, or joint vocational school district and, in accordance	47952
with section 3314.17 of the Revised Code, any community school. As	47953
used in division (L) of this section, "school district" also	47954
includes any educational service center or other educational	47955
entity required to submit data using the system established under	47956
this section.	47957

(2) "Cost" means any expenditure for operating expenses made	47958
by a school district excluding any expenditures for debt	47959
retirement except for payments made to any commercial lending	47960
institution for any loan approved pursuant to section 3313.483 of	47961
the Revised Code.	47962

(K) Any person who removes data from the information system	47963
established under this section for the purpose of releasing it to	47964
any person not entitled under law to have access to such	47965
information is subject to section 2913.42 of the Revised Code	47966
prohibiting tampering with data.	47967

(L)(1) In accordance with division (L)(2) of this section and	47968
the rules adopted under division (L)(10) of this section, the	47969
department of education may sanction any school district that	47970
reports incomplete or inaccurate data, reports data that does not	47971
conform to data requirements and descriptions published by the	47972
department, fails to report data in a timely manner, or otherwise	47973
does not make a good faith effort to report data as required by	47974
this section.	47975

(2) If the department decides to sanction a school district	47976
under this division, the department shall take the following	47977
sequential actions:	47978

(a) Notify the district in writing that the department has	47979
determined that data has not been reported as required under this	47980
section and require the district to review its data submission and	47981
submit corrected data by a deadline established by the department.	47982
The department also may require the district to develop a	47983
corrective action plan, which shall include provisions for the	47984
district to provide mandatory staff training on data reporting	47985
procedures.	47986

(b) Withhold up to ten per cent of the total amount of state	47987
funds due to the district for the current fiscal year and, if not	47988
previously required under division (L)(2)(a) of this section,	47989
require the district to develop a corrective action plan in	47990
accordance with that division;	47991

(c) Withhold an additional amount of up to twenty per cent of	47992
the total amount of state funds due to the district for the	47993
current fiscal year;	47994

(d) Direct department staff or an outside entity to	47995
investigate the district's data reporting practices and make	47996
recommendations for subsequent actions. The recommendations may	47997
include one or more of the following actions:	47998

(i) Arrange for an audit of the district's data reporting	47999
practices by department staff or an outside entity;	48000

(ii) Conduct a site visit and evaluation of the district;

48001

(iii) Withhold an additional amount of up to thirty per cent	48002
of the total amount of state funds due to the district for the	48003
current fiscal year;	48004

(iv) Continue monitoring the district's data reporting;

48005

(v) Assign department staff to supervise the district's data	48006
management system;	48007

(vi) Conduct an investigation to determine whether to suspend	48008
or revoke the license of any district employee in accordance with	48009
division (N) of this section;	48010

(vii) If the district is issued a report card under section	48011
3302.03 of the Revised Code, indicate on the report card that the	48012
district has been sanctioned for failing to report data as	48013
required by this section;	48014

(viii) If the district is issued a report card under section	48015
3302.03 of the Revised Code and incomplete or inaccurate data	48016
submitted by the district likely caused the district to receive a	48017
higher performance rating than it deserved under that section,	48018
issue a revised report card for the district;	48019

(ix) Any other action designed to correct the district's data	48020
reporting problems.	48021

(3) Any time the department takes an action against a school	48022
district under division (L)(2) of this section, the department	48023
shall make a report of the circumstances that prompted the action.	48024
The department shall send a copy of the report to the district	48025
superintendent or chief administrator and maintain a copy of the	48026
report in its files.	48027

(4) If any action taken under division (L)(2) of this section	48028
resolves a school district's data reporting problems to the	48029
department's satisfaction, the department shall not take any	48030
further actions described by that division. If the department	48031
withheld funds from the district under that division, the	48032
department may release those funds to the district, except that if	48033
the department withheld funding under division (L)(2)(c) of this	48034
section, the department shall not release the funds withheld under	48035
division (L)(2)(b) of this section and, if the department withheld	48036
funding under division (L)(2)(d) of this section, the department	48037
shall not release the funds withheld under division (L)(2)(b) or	48038
(c) of this section.	48039

(5) Notwithstanding anything in this section to the contrary,	48040
the department may use its own staff or an outside entity to	48041
conduct an audit of a school district's data reporting practices	48042
any time the department has reason to believe the district has not	48043
made a good faith effort to report data as required by this	48044
section. If any audit conducted by an outside entity under	48045
division (L)(2)(d)(i) or (5) of this section confirms that a	48046
district has not made a good faith effort to report data as	48047
required by this section, the district shall reimburse the	48048
department for the full cost of the audit. The department may	48049
withhold state funds due to the district for this purpose.	48050

(6) Prior to issuing a revised report card for a school	48051
district under division (L)(2)(d)(viii) of this section, the	48052
department may hold a hearing to provide the district with an	48053
opportunity to demonstrate that it made a good faith effort to	48054
report data as required by this section. The hearing shall be	48055
conducted by a referee appointed by the department. Based on the	48056
information provided in the hearing, the referee shall recommend	48057
whether the department should issue a revised report card for the	48058
district. If the referee affirms the department's contention that	48059
the district did not make a good faith effort to report data as	48060
required by this section, the district shall bear the full cost of	48061
conducting the hearing and of issuing any revised report card.	48062

(7) If the department determines that any inaccurate data	48063
reported under this section caused a school district to receive	48064
excess state funds in any fiscal year, the district shall	48065
reimburse the department an amount equal to the excess funds, in	48066
accordance with a payment schedule determined by the department.	48067
The department may withhold state funds due to the district for	48068
this purpose.	48069

(8) Any school district that has funds withheld under	48070
division (L)(2) of this section may appeal the withholding in	48071
accordance with Chapter 119. of the Revised Code.	48072

(9) In all cases of a disagreement between the department and	48073
a school district regarding the appropriateness of an action taken	48074
under division (L)(2) of this section, the burden of proof shall	48075
be on the district to demonstrate that it made a good faith effort	48076
to report data as required by this section.	48077

(10) The state board of education shall adopt rules under	48078
Chapter 119. of the Revised Code to implement division (L) of this	48079
section.	48080

(M) No information technology center or school district shall	48081
acquire, change, or update its student administration software	48082
package to manage and report data required to be reported to the	48083
department unless it converts to a student software package that	48084
is certified by the department.	48085

(N) The state board of education, in accordance with sections	48086
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	48087
license as defined under division (A) of section 3319.31 of the	48088
Revised Code that has been issued to any school district employee	48089
found to have willfully reported erroneous, inaccurate, or	48090
incomplete data to the education management information system.	48091

(O) No person shall release or maintain any information about	48092
any student in violation of this section. Whoever violates this	48093
division is guilty of a misdemeanor of the fourth degree.	48094

(P) The department shall disaggregate the data collected	48095
under division (B)(1)(n) of this section according to the race and	48096
socioeconomic status of the students assessed. No data collected	48097
under that division shall be included on the report cards required	48098
by section 3302.03 of the Revised Code.	48099

(Q) If the department cannot compile any of the information	48100
required by division (H) of section 3302.03 of the Revised Code	48101
based upon the data collected under this section, the department	48102
shall develop a plan and a reasonable timeline for the collection	48103
of any data necessary to comply with that division.	48104

Sec. 3301.0715. (A) Except as otherwise required under	48105
division (B)(1) of section 3313.608 of the Revised Code, the board	48106
of education of each city, local, and exempted village school	48107
district shall administer each applicable diagnostic assessment	48108
developed and provided to the district in accordance with section	48109
3301.079 of the Revised Code to the following:	48110

(1) Any student who transfers into the district or to a	48111
different school within the district if each applicable diagnostic	48112
assessment was not administered by the district or school the	48113
student previously attended in the current school year, within	48114
thirty days after the date of transfer. If the district or school	48115
into which the student transfers cannot determine whether the	48116
student has taken any applicable diagnostic assessment in the	48117
current school year, the district or school may administer the	48118
diagnostic assessment to the student.	48119

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	48120
student, not earlier than four weeks prior to the first day of	48121
school and not later than the first day of October. ~~For~~	48122

(b) Beginning July 1, 2014, each kindergarten student, not	48123
earlier than the first day of the school year and not later than	48124
the first day of November, except that the language and reading	48125
skills portion of the assessment shall be administered by the	48126
thirtieth day of September to fulfill the requirements of division	48127
(B) of section 3313.608 of the Revised Code.	48128

For the purpose of division (A)(2) of this section, the	48129
district shall administer the kindergarten readiness assessment	48130
provided by the department of education. In no case shall the	48131
results of the readiness assessment be used to prohibit a student	48132
from enrolling in kindergarten.	48133

(3) Each student enrolled in first, second, or third grade.

48134

(B) Each district board shall administer each diagnostic	48135
assessment when the board deems appropriate, provided the	48136
administration complies with section 3313.608 of the Revised Code.	48137
However, the board shall administer any diagnostic assessment at	48138
least once annually to all students in the appropriate grade	48139
level. A district board may administer any diagnostic assessment	48140
in the fall and spring of a school year to measure the amount of	48141
academic growth attributable to the instruction received by	48142
students during that school year.	48143

(C) Any district that received an excellent or effective	48144
rating for the immediately preceding school year, pursuant to	48145
section 3302.03 of the Revised Code as it existed prior to ~~the~~	48146
~~effective date of this amendment~~March 22, 2013, or the equivalent	48147
of such rating as determined by the department of education, may	48148
use different diagnostic assessments from those adopted under	48149
division (D) of section 3301.079 of the Revised Code in order to	48150
satisfy the requirements of division (A)(2) of this section.	48151

(D) Each district board shall utilize and score any	48152
diagnostic assessment administered under division (A) of this	48153
section in accordance with rules established by the department.	48154
After the administration of any diagnostic assessment, each	48155
district shall provide a student's completed diagnostic	48156
assessment, the results of such assessment, and any other	48157
accompanying documents used during the administration of the	48158
assessment to the parent of that student, and shall include all	48159
such documents and information in any plan developed for the	48160
student under division (C) of section 3313.608 of the Revised	48161
Code. Each district shall submit to the department, in the manner	48162
the department prescribes, the results of the diagnostic	48163
assessments administered under this section, regardless of the	48164
type of assessment used under section 3313.608 of the Revised	48165
Code. The department may issue reports with respect to the data	48166
collected.	48167

(E) Each district board shall provide intervention services	48168
to students whose diagnostic assessments show that they are	48169
failing to make satisfactory progress toward attaining the	48170
academic standards for their grade level.	48171

Sec. 3301.0723. (A) The independent contractor engaged by	48172
the department of education to create and maintain for school	48173
districts and community schools the student data verification	48174
codes required by division (D)(2) of section 3301.0714 of the	48175
Revised Code, upon request of the director of any state agency	48176
that administers a publicly funded program providing services to	48177
children who are younger than compulsory school age, as defined in	48178
section 3321.01 of the Revised Code, including the directors of	48179
health, job and family services, ~~mental health~~mental health and	48180
addiction services, and developmental disabilities, shall assign a	48181
data verification code to a child who is receiving such services	48182
and shall provide that code to the director. The contractor also	48183
shall provide that code to the department of education.	48184

(B) The director of a state agency that receives a child's	48185
data verification code under division (A) of this section shall	48186
use that code to submit information for that child to the	48187
department of education in accordance with section 3301.0714 of	48188
the Revised Code.	48189

(C) A public school that receives from the independent	48190
contractor the data verification code for a child assigned under	48191
division (A) of this section shall not request or assign to that	48192
child another data verification code under division (D)(2) of	48193
section 3301.0714 of the Revised Code. That school and any other	48194
public school in which the child subsequently enrolls shall use	48195
the data verification code assigned under division (A) of this	48196
section to report data relative to that student required under	48197
section 3301.0714 of the Revised Code.	48198

Sec. 3301.0725. A school district may employ certificated	48199
instructional personnel for ~~more days during a school year than~~	48200
~~the district normally employs its regular classroom teachers~~hours	48201
outside of the normal school day for the purpose of providing	48202
extended programming, subject to the provisions of section	48203
3319.0812 of the Revised Code. Extended programming, as defined by	48204
rule of the state board of education, shall be based upon learner	48205
needs and, if applicable, business and industry validated	48206
standards and competencies and shall enhance student learning	48207
opportunities. Extended programming shall be subject to the	48208
requirements of sections 3313.6018 and 3313.6019 of the Revised	48209
Code.	48210

No rule of the state board shall require extended programming	48211
employment of certificated instructional personnel as a condition	48212
of eligibility for funding under any other section of the Revised	48213
Code.	48214

Sec. 3301.15. The state board of education or its authorized	48215
representatives may inspect all institutions under the control of	48216
the department of job and family services, the department of	48217
~~mental health~~mental health and addiction services, the department	48218
of developmental disabilities, and the department of	48219
rehabilitation and correction which employ teachers, and may make	48220
a report on the teaching, discipline, and school equipment in	48221
these institutions to the director of job and family services, the	48222
director of ~~mental health~~mental health and addiction services,	48223
the director of developmental disabilities, the director of	48224
rehabilitation and correction, and the governor.	48225

Sec. 3301.16. Pursuant to standards prescribed by the state	48226
board of education as provided in division (D) of section 3301.07	48227
of the Revised Code, the state board shall classify and charter	48228
school districts and individual schools within each district	48229
except that no charter shall be granted to a nonpublic school	48230
unless the school complies with division (K)(1)(a) of section	48231
3301.0711, if applicable, and section 3313.612 of the Revised	48232
Code.	48233

In the course of considering the charter of a new school	48234
district created under section 3311.26 or 3311.38 of the Revised	48235
Code, the state board shall require the party proposing creation	48236
of the district to submit to the board a map, certified by the	48237
county auditor of the county in which the proposed new district is	48238
located, showing the boundaries of the proposed new district. In	48239
the case of a proposed new district located in more than one	48240
county, the map shall be certified by the county auditor of each	48241
county in which the proposed district is located.	48242

The state board shall revoke the charter of any school	48243
district or school which fails to meet the standards for	48244
elementary and high schools as prescribed by the board. The state	48245
board shall also revoke the charter of any nonpublic school that	48246
does not comply with division (K)(1)(a) of section 3301.0711, if	48247
applicable, and section 3313.612 of the Revised Code.	48248

In the issuance and revocation of school district or school	48249
charters, the state board shall be governed by the provisions of	48250
Chapter 119. of the Revised Code.	48251

No school district, or individual school operated by a school	48252
district, shall operate without a charter issued by the state	48253
board under this section.	48254

In case a school district charter is revoked pursuant to this	48255
section, the state board may dissolve the school district and	48256
transfer its territory to one or more adjacent districts. An	48257
equitable division of the funds, property, and indebtedness of the	48258
school district shall be made by the state board among the	48259
receiving districts. The board of education of a receiving	48260
district shall accept such territory pursuant to the order of the	48261
state board. Prior to dissolving the school district, the state	48262
board shall notify the appropriate educational service center	48263
governing board and all adjacent school district boards of	48264
education of its intention to do so. Boards so notified may make	48265
recommendations to the state board regarding the proposed	48266
dissolution and subsequent transfer of territory. Except as	48267
provided in section 3301.161 of the Revised Code, the transfer	48268
ordered by the state board shall become effective on the date	48269
specified by the state board, but the date shall be at least	48270
thirty days following the date of issuance of the order.	48271

A high school is one of higher grade than an elementary	48272
school, in which instruction and training are given in accordance	48273
with sections 3301.07 and 3313.60 of the Revised Code and which	48274
also offers other subjects of study more advanced than those	48275
taught in the elementary schools and such other subjects as may be	48276
approved by the state board of education.	48277

An elementary school is one in which instruction and training	48278
are given in accordance with sections 3301.07 and 3313.60 of the	48279
Revised Code and which offers such other subjects as may be	48280
approved by the state board of education. In districts wherein a	48281
junior high school is maintained, the elementary schools in that	48282
district may be considered to include only the work of the first	48283
six school years inclusive, plus the kindergarten year.	48284

Sec. 3302.01. As used in this chapter:

48285

(A) "Performance index score" means the average of the totals	48286
derived from calculations for each subject area of English	48287
language arts, mathematics, science, and social studies of the	48288
weighted proportion of untested students and students scoring at	48289
each level of skill described in division (A)(2) of section	48290
3301.0710 of the Revised Code on the assessments prescribed by	48291
divisions (A) and (B)(1) of that section. The department of	48292
education shall assign weights such that students who do not take	48293
an assessment receive a weight of zero and students who take an	48294
assessment receive progressively larger weights dependent upon the	48295
level of skill attained on the assessment. The department shall	48296
assign additional weights to students who have been permitted to	48297
pass over a subject in accordance with a student acceleration	48298
policy adopted under section 3324.10 of the Revised Code. If such	48299
a student attains the proficient score prescribed under division	48300
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	48301
assessment, the department shall assign the student the weight	48302
prescribed for the next higher scoring level. If such a student	48303
attains the advanced score, prescribed under division (A)(2)(a) of	48304
section 3301.0710 of the Revised Code, on an assessment, the	48305
department shall assign to the student an additional proportional	48306
weight, as approved by the state board. For each school year that	48307
such a student's score is included in the performance index score	48308
and the student attains the proficient score on an assessment,	48309
that additional weight shall be assigned to the student on a	48310
subject-by-subject basis.	48311

Students shall be included in the "performance index score"	48312
in accordance with division (K)(2) of section 3302.03 of the	48313
Revised Code.	48314

(B) "Subgroup" means a subset of the entire student	48315
population of the state, a school district, or a school building	48316
and includes each of the following:	48317

(1) Major racial and ethnic groups;

48318

(2) Students with disabilities;

48319

(3) Economically disadvantaged students;

48320

(4) Limited English proficient students;

48321

(5) Students identified as gifted in superior cognitive	48322
ability and specific academic ability fields under Chapter 3324.	48323
of the Revised Code. For students who are gifted in specific	48324
academic ability fields, the department shall use data for those	48325
students with specific academic ability in math and reading. If	48326
any other academic field is assessed, the department shall also	48327
include data for students with specific academic ability in that	48328
field.	48329

(6) Students in the lowest quintile for achievement	48330
statewide, as determined by a method prescribed by the state board	48331
of education.	48332

(C) "No Child Left Behind Act of 2001" includes the statutes	48333
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	48334
both thereto, rules and regulations promulgated pursuant to those	48335
statutes, guidance documents, and any other policy directives	48336
regarding implementation of that act issued by the United States	48337
department of education.	48338

(D) "Adequate yearly progress" means a measure of annual	48339
academic performance as calculated in accordance with the "No	48340
Child Left Behind Act of 2001."	48341

(E) "Supplemental educational services" means additional	48342
academic assistance, such as tutoring, remediation, or other	48343
educational enrichment activities, that is conducted outside of	48344
the regular school day by a provider approved by the department in	48345
accordance with the "No Child Left Behind Act of 2001."	48346

(F) "Value-added progress dimension" means a measure of	48347
academic gain for a student or group of students over a specific	48348
period of time that is calculated by applying a statistical	48349
methodology to individual student achievement data derived from	48350
the achievement assessments prescribed by section 3301.0710 of the	48351
Revised Code. The "value-added progress dimension" shall be	48352
developed and implemented in accordance with section 3302.021 of	48353
the Revised Code.	48354

(G)(1) "Four-year adjusted cohort graduation rate" means the	48355
number of students who graduate in four years or less with a	48356
regular high school diploma divided by the number of students who	48357
form the adjusted cohort for the graduating class.	48358

(2) "Five-year adjusted cohort graduation rate" means the	48359
number of students who graduate in five years with a regular high	48360
school diploma divided by the number of students who form the	48361
adjusted cohort for the four-year graduation rate.	48362

(H) "State institution of higher education" has the same	48363
meaning as in section 3345.011 of the Revised Code.	48364

(I) "Annual measurable objectives" means a measure of student	48365
progress determined in accordance with an agreement between the	48366
department of education and the United States department of	48367
education.	48368

Sec. 3302.03. Annually, not later than the fifteenth day of	48369
September or the preceding Friday when that day falls on a	48370
Saturday or Sunday, the department of education shall assign a	48371
letter grade for overall academic performance and for each	48372
separate performance measure for each school district, and each	48373
school building in a district, in accordance with this section.	48374
The state board shall adopt rules pursuant to Chapter 119. of the	48375
Revised Code to establish performance criteria for each letter	48376
grade and prescribe a method by which the department assigns each	48377
letter grade. For a school building to which any of the	48378
performance measures do not apply, due to grade levels served by	48379
the building, the state board shall designate the performance	48380
measures that are applicable to the building and that must be	48381
calculated separately and used to calculate the building's overall	48382
grade. The department shall issue annual report cards reflecting	48383
the performance of each school district, each building within each	48384
district, and for the state as a whole using the performance	48385
measures and letter grade system described in this section. The	48386
department shall include on the report card for each district and	48387
each building within each district the most recent two-year trend	48388
data in student achievement for each subject and each grade.	48389

(A)(1) For the 2012-2013 school year, the department shall	48390
issue grades as described in division (E) of this section for each	48391
of the following performance measures:	48392

(a) Annual measurable objectives;

48393

(b) Performance index score for a school district or	48394
building. Grades shall be awarded as a percentage of the total	48395
possible points on the performance index system as adopted by the	48396
state board. In adopting benchmarks for assigning letter grades	48397
under division (A)(1)(b) of this section, the state board of	48398
education shall designate ninety per cent or higher for an "A," at	48399
least seventy per cent but not more than eighty per cent for a	48400
"C," and less than fifty per cent for an "F."	48401

(c) The extent to which the school district or building meets	48402
each of the applicable performance indicators established by the	48403
state board under section 3302.02 of the Revised Code and the	48404
percentage of applicable performance indicators that have been	48405
achieved. In adopting benchmarks for assigning letter grades under	48406
division (A)(1)(c) of this section, the state board shall	48407
designate ninety per cent or higher for an "A."	48408

(d) The four- and five-year adjusted cohort graduation rates.

48409

In adopting benchmarks for assigning letter grades under	48410
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	48411
department shall designate a four-year adjusted cohort graduation	48412
rate of ninety-three per cent or higher for an "A" and a five-year	48413
cohort graduation rate of ninety-five per cent or higher for an	48414
"A."	48415

(e) The overall score under the value-added progress	48416
dimension of a school district or building, for which the	48417
department shall use up to three years of value-added data as	48418
available. The letter grade assigned for this growth measure shall	48419
be as follows:	48420

(i) A score that is at least two standard errors of measure	48421
above the mean score shall be designated as an "A."	48422

(ii) A score that is at least one standard error of measure	48423
but less than two standard errors of measure above the mean score	48424
shall be designated as a "B."	48425

(iii) A score that is less than one standard error of measure	48426
above the mean score but greater than or equal to one standard	48427
error of measure below the mean score shall be designated as a	48428
"C."	48429

(iv) A score that is not greater than one standard error of	48430
measure below the mean score but is greater than or equal to two	48431
standard errors of measure below the mean score shall be	48432
designated as a "D."	48433

(v) A score that is not greater than two standard errors of	48434
measure below the mean score shall be designated as an "F."	48435

Whenever the value-added progress dimension is used as a	48436
graded performance measure, whether as an overall measure or as a	48437
measure of separate subgroups, the grades for the measure shall be	48438
calculated in the same manner as prescribed in division (A)(1)(e)	48439
of this section.	48440

(f) The value-added progress dimension score for a school	48441
district or building disaggregated for each of the following	48442
subgroups: students identified as gifted, students with	48443
disabilities, and students whose performance places them in the	48444
lowest quintile for achievement on a statewide basis. Each	48445
subgroup shall be a separate graded measure.	48446

(2) Not later than April 30, 2013, the state board of	48447
education shall adopt a resolution describing the performance	48448
measures, benchmarks, and grading system for the 2012-2013 school	48449
year and, not later than June 30, 2013, shall adopt rules in	48450
accordance with Chapter 119. of the Revised Code that prescribe	48451
the methods by which the performance measures under division	48452
(A)(1) of this section shall be assessed and assigned a letter	48453
grade, including performance benchmarks for each letter grade.	48454

At least forty-five days prior to the state board's adoption	48455
of rules to prescribe the methods by which the performance	48456
measures under division (A)(1) of this section shall be assessed	48457
and assigned a letter grade, the department shall conduct a public	48458
presentation before the standing committees of the house of	48459
representatives and the senate that consider education legislation	48460
describing such methods, including performance benchmarks.	48461

(3) There shall not be an overall letter grade for a school	48462
district or building for the 2012-2013 school year.	48463

(B)(1) For the 2013-2014 school year, the department shall	48464
issue grades as described in division (E) of this section for each	48465
of the following performance measures:	48466

(a) Annual measurable objectives;

48467

(b) Performance index score for a school district or	48468
building. Grades shall be awarded as a percentage of the total	48469
possible points on the performance index system as created by the	48470
department. In adopting benchmarks for assigning letter grades	48471
under division (B)(1)(b) of this section, the state board shall	48472
designate ninety per cent or higher for an "A," at least seventy	48473
per cent but not more than eighty per cent for a "C," and less	48474
than fifty per cent for an "F."	48475

(c) The extent to which the school district or building meets	48476
each of the applicable performance indicators established by the	48477
state board under section 3302.03 of the Revised Code and the	48478
percentage of applicable performance indicators that have been	48479
achieved. In adopting benchmarks for assigning letter grades under	48480
division (B)(1)(c) of this section, the state board shall	48481
designate ninety per cent or higher for an "A."	48482

(d) The four- and five-year adjusted cohort graduation rates;

48483

(e) The overall score under the value-added progress	48484
dimension of a school district or building, for which the	48485
department shall use up to three years of value-added data as	48486
available.	48487

(f) The value-added progress dimension score for a school	48488
district or building disaggregated for each of the following	48489
subgroups: students identified as gifted in superior cognitive	48490
ability and specific academic ability fields under Chapter 3324.	48491
of the Revised Code, students with disabilities, and students	48492
whose performance places them in the lowest quintile for	48493
achievement on a statewide basis. Each subgroup shall be a	48494
separate graded measure.	48495

(g) Whether a school district or building is making progress	48496
in improving literacy in grades kindergarten through three, as	48497
determined using a method prescribed by the state board. The state	48498
board shall adopt rules to prescribe benchmarks and standards for	48499
assigning grades to districts and buildings for purposes of	48500
division (B)(1)~~(j)~~(g) of this section. In adopting benchmarks for	48501
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	48502
this section, the state board shall determine progress made based	48503
on the reduction in the percentage of students scoring below grade	48504
level, or below proficient, compared from year to year on the	48505
~~English language arts~~reading and writing diagnostic assessments	48506
administered under section 3301.0715 of the Revised Code and the	48507
third grade English language arts assessment under section	48508
3301.0710 of the Revised Code, as applicable. The state board	48509
shall designate for a "C" grade a value that is not lower than the	48510
statewide average value for this measure. No grade shall be issued	48511
under divisions (B)(1)(g) and (C)(1)~~(j)~~(g) of this section for a	48512
district or building in which less than five per cent of students	48513
have scored below grade level on the diagnostic assessment	48514
administered to students in kindergarten under division (B)(1) of	48515
section 3313.608 of the Revised Code.	48516

(2) In addition to the graded measures in division (B)(1) of	48517
this section, the department shall include on a school district's	48518
or building's report card all of the following without an assigned	48519
letter grade:	48520

(a) The percentage of students enrolled in a district or	48521
building participating in advanced placement classes and the	48522
percentage of those students who received a score of three or	48523
better on advanced placement examinations;	48524

(b) The number of a district's or building's students who	48525
have earned at least three college credits through dual enrollment	48526
programs, such as the post-secondary enrollment options program	48527
under Chapter 3365. of the Revised Code and state-approved	48528
career-technical courses offered through dual enrollment or	48529
statewide articulation, that appear on a student's transcript or	48530
other official document, either of which is issued by the	48531
institution of higher education from which the student earned the	48532
college credit. The credits earned that are reported under	48533
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	48534
include any that are remedial or developmental and shall include	48535
those that count toward the curriculum requirements established	48536
for completion of a degree.	48537

(c) The percentage of students enrolled in a district or	48538
building who have taken a national standardized test used for	48539
college admission determinations and the percentage of those	48540
students who are determined to be remediation-free in accordance	48541
with standards adopted under division (F) of section 3345.061 of	48542
the Revised Code;	48543

(d) The percentage of the district's or the building's	48544
students who receive industry credentials. The state board shall	48545
adopt criteria for acceptable industry credentials.	48546

(e) The percentage of students enrolled in a district or	48547
building who are participating in an international baccalaureate	48548
program and the percentage of those students who receive a score	48549
of four or better on the international baccalaureate examinations.	48550

(f) The percentage of the district's or building's students	48551
who receive an honors diploma under division (B) of section	48552
3313.61 of the Revised Code.	48553

(3) Not later than December 31, 2013, the state board shall	48554
adopt rules in accordance with Chapter 119. of the Revised Code	48555
that prescribe the methods by which the performance measures under	48556
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	48557
and assigned a letter grade, including performance benchmarks for	48558
each grade.	48559

At least forty-five days prior to the state board's adoption	48560
of rules to prescribe the methods by which the performance	48561
measures under division (B)(1) of this section shall be assessed	48562
and assigned a letter grade, the department shall conduct a public	48563
presentation before the standing committees of the house of	48564
representatives and the senate that consider education legislation	48565
describing such methods, including performance benchmarks.	48566

(4) There shall not be an overall letter grade for a school	48567
district or building for the 2013-2014 school year.	48568

(C)(1) For the 2014-2015 school year and each school year	48569
thereafter, the department shall issue grades as described in	48570
division (E) of this section for each of the following performance	48571
measures and an overall letter grade based on an aggregate of	48572
those measures:	48573

(a) Annual measurable objectives;

48574

(b) Performance index score for a school district or	48575
building. Grades shall be awarded as a percentage of the total	48576
possible points on the performance index system as created by the	48577
department. In adopting benchmarks for assigning letter grades	48578
under division (C)(1)(b) of this section, the state board shall	48579
designate ninety per cent or higher for an "A," at least seventy	48580
per cent but not more than eighty per cent for a "C," and less	48581
than fifty per cent for an "F."	48582

(c) The extent to which the school district or building meets	48583
each of the applicable performance indicators established by the	48584
state board under section 3302.03 of the Revised Code and the	48585
percentage of applicable performance indicators that have been	48586
achieved. In adopting benchmarks for assigning letter grades under	48587
division (C)(1)(c) of this section, the state board shall	48588
designate ninety per cent or higher for an "A."	48589

(d) The four- and five-year adjusted cohort graduation rates;

48590

(e) The overall score under the value-added progress	48591
dimension, or another measure of student academic progress if	48592
adopted by the state board, of a school district or building, for	48593
which the department shall use up to three years of value-added	48594
data as available.	48595

In adopting benchmarks for assigning letter grades for	48596
overall score on value-added progress dimension under division	48597
(C)(1)(e) of this section, the state board shall prohibit the	48598
assigning of a grade of "A" for that measure unless the district's	48599
or building's grade assigned for value-added progress dimension	48600
for all subgroups under division (C)(1)~~(i)~~(f) of this section is a	48601
"B" or higher.	48602

For the metric prescribed by division (C)(1)(e) of this	48603
section, the state board may adopt a student academic progress	48604
measure to be used instead of the value-added progress dimension.	48605
If the state board adopts such a measure, it also shall prescribe	48606
a method for assigning letter grades for the new measure that is	48607
comparable to the method prescribed in division (A)(1)(e) of this	48608
section.	48609

(f) The value-added progress dimension score of a school	48610
district or building disaggregated for each of the following	48611
subgroups: students identified as gifted in superior cognitive	48612
ability and specific academic ability fields under Chapter 3324.	48613
of the Revised Code, students with disabilities, and students	48614
whose performance places them in the lowest quintile for	48615
achievement on a statewide basis, as determined by a method	48616
prescribed by the state board. Each subgroup shall be a separate	48617
graded measure.	48618

The state board may adopt student academic progress measures	48619
to be used instead of the value-added progress dimension. If the	48620
state board adopts such measures, it also shall prescribe a method	48621
for assigning letter grades for the new measures that is	48622
comparable to the method prescribed in division (A)(1)(e) of this	48623
section.	48624

(g) Whether a school district or building is making progress	48625
in improving literacy in grades kindergarten through three, as	48626
determined using a method prescribed by the state board. The state	48627
board shall adopt rules to prescribe benchmarks and standards for	48628
assigning grades to a district or building for purposes of	48629
division (C)(1)~~(j)~~(g) of this section. The state board shall	48630
designate for a "C" grade a value that is not lower than the	48631
statewide average value for this measure. No grade shall be issued	48632
under division (C)(1)(g) of this section for a district or	48633
building in which less than five per cent of students have scored	48634
below grade level on the kindergarten diagnostic assessment under	48635
division (B)(1) of section 3313.608 of the Revised Code.	48636

(2) In addition to the graded measures in division (C)(1) of	48637
this section, the department shall include on a school district's	48638
or building's report card all of the following without an assigned	48639
letter grade:	48640

(a) The percentage of students enrolled in a district or	48641
building who have taken a national standardized test used for	48642
college admission determinations and the percentage of those	48643
students who are determined to be remediation-free in accordance	48644
with the standards adopted under division (F) of section 3345.061	48645
of the Revised Code;	48646

(b) The percentage of students enrolled in a district or	48647
building participating in advanced placement classes and the	48648
percentage of those students who received a score of three or	48649
better on advanced placement examinations;	48650

(c) The number of a district's or building's students who	48651
have earned at least three college credits through dual enrollment	48652
programs, such as the post-secondary enrollment options program	48653
under Chapter 3365. of the Revised Code and state-approved	48654
career-technical courses offered through dual enrollment or	48655
statewide articulation, that appear on a student's transcript or	48656
other official document, either of which is issued by the	48657
institution of higher education from which the student earned the	48658
college credit. The credits earned that are reported under	48659
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	48660
include any that are remedial or developmental and shall include	48661
those that count toward the curriculum requirements established	48662
for completion of a degree.	48663

(d) The percentage of the district's or building's students	48664
who receive an honor's diploma under division (B) of section	48665
3313.61 of the Revised Code;	48666

(e) The percentage of the district's or building's students	48667
who receive industry credentials;	48668

(f) The percentage of students enrolled in a district or	48669
building who are participating in an international baccalaureate	48670
program and the percentage of those students who receive a score	48671
of four or better on the international baccalaureate examinations;	48672

(g) The results of the college and career-ready assessments	48673
administered under division (B)(1) of section 3301.0712 of the	48674
Revised Code.	48675

(3) The state board shall adopt rules pursuant to Chapter	48676
119. of the Revised Code that establish a method to assign an	48677
overall grade for a school district or school building for the	48678
2014-2015 school year and each school year thereafter. The rules	48679
shall group the performance measures in divisions (C)(1) and (2)	48680
of this section into the following components:	48681

(a) Gap closing, which shall include the performance measure	48682
in division (C)(1)(a) of this section;	48683

(b) Achievement, which shall include the performance measures	48684
in divisions (C)(1)(b) and (c) of this section;	48685

(c) Progress, which shall include the performance measures in	48686
divisions (C)(1)(e) and ~~(i)~~(f) of this section;	48687

(d) Graduation, which shall include the performance measure	48688
in division (C)(1)(d) of this section;	48689

(e) Kindergarten through third-grade literacy, which shall	48690
include the performance measure in division (C)(1)~~(k)~~(g) of this	48691
section;	48692

(f) Prepared for success, which shall include the performance	48693
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	48694
this section. The state board shall develop a method to determine	48695
a grade for the component in division (C)(3)(f) of this section	48696
using the performance measures in divisions (C)(2)(a), (b), (c),	48697
(d), (e), and (f) of this section. When available, the state board	48698
may incorporate the performance measure under division (C)(2)(g)	48699
of this section into the component under division (C)(3)(f) of	48700
this section. When determining the overall grade for the prepared	48701
for success component prescribed by division (C)(3)(f) of this	48702
section, no individual student shall be counted in more than one	48703
performance measure. However, if a student qualifies for more than	48704
one performance measure in the component, the state board may, in	48705
its method to determine a grade for the component, specify an	48706
additional weight for such a student that is not greater than or	48707
equal to 1.0. In determining the overall score under division	48708
(C)(3)(f) of this section, the state board shall ensure that the	48709
pool of students included in the performance measures aggregated	48710
under that division are all of the students included in the four-	48711
and five-year adjusted graduation cohort.	48712

In the rules adopted under division (C)(3) of this section,	48713
the state board shall adopt a method for determining a grade for	48714
each component in divisions (C)(3)(a) to (f) of this section. The	48715
state board also shall establish a method to assign an overall	48716
grade of "A," "B," "C," "D," or "F" using the grades assigned for	48717
each component. The method the state board adopts for assigning an	48718
overall grade shall give equal weight to the components in	48719
divisions (C)(3)(b) and (c) of this section.	48720

At least forty-five days prior to the state board's adoption	48721
of rules to prescribe the methods for calculating the overall	48722
grade for the report card, as required by this division, the	48723
department shall conduct a public presentation before the standing	48724
committees of the house of representatives and the senate that	48725
consider education legislation describing the format for the	48726
report card, weights that will be assigned to the components of	48727
the overall grade, and the method for calculating the overall	48728
grade.	48729

(D) Not later than July 1, 2015, the state board shall	48730
develop a measure of student academic progress for high school	48731
students. Beginning with the report card for the 2015-2016 school	48732
year, each school district and applicable school building shall be	48733
assigned a separate letter grade for this measure and the	48734
district's or building's grade for that measure shall be included	48735
in determining the district's or building's overall letter grade.	48736
This measure shall be included within the measure prescribed in	48737
division (C)~~(2)~~(3)(c) of this section in the calculation for the	48738
overall letter grade.	48739

(E) The letter grades assigned to a school district or	48740
building under this section shall be as follows:	48741

(1) "A" for a district or school making excellent progress;

48742

(2) "B" for a district or school making above average	48743
progress;	48744

(3) "C" for a district or school making average progress;

48745

(4) "D" for a district or school making below average	48746
progress;	48747

(5) "F" for a district or school failing to meet minimum	48748
progress.	48749

(F) When reporting data on student achievement and progress,	48750
the department shall disaggregate that data according to the	48751
following categories:	48752

(1) Performance of students by grade-level;

48753

(2) Performance of students by race and ethnic group;

48754

(3) Performance of students by gender;

48755

(4) Performance of students grouped by those who have been	48756
enrolled in a district or school for three or more years;	48757

(5) Performance of students grouped by those who have been	48758
enrolled in a district or school for more than one year and less	48759
than three years;	48760

(6) Performance of students grouped by those who have been	48761
enrolled in a district or school for one year or less;	48762

(7) Performance of students grouped by those who are	48763
economically disadvantaged;	48764

(8) Performance of students grouped by those who are enrolled	48765
in a conversion community school established under Chapter 3314.	48766
of the Revised Code;	48767

(9) Performance of students grouped by those who are	48768
classified as limited English proficient;	48769

(10) Performance of students grouped by those who have	48770
disabilities;	48771

(11) Performance of students grouped by those who are	48772
classified as migrants;	48773

(12) Performance of students grouped by those who are	48774
identified as gifted in superior cognitive ability and the	48775
specific academic ability fields of reading and math pursuant to	48776
Chapter 3324. of the Revised Code. In disaggregating specific	48777
academic ability fields for gifted students, the department shall	48778
use data for those students with specific academic ability in math	48779
and reading. If any other academic field is assessed, the	48780
department shall also include data for students with specific	48781
academic ability in that field as well.	48782

(13) Performance of students grouped by those who perform in	48783
the lowest quintile for achievement on a statewide basis, as	48784
determined by a method prescribed by the state board.	48785

The department may disaggregate data on student performance	48786
according to other categories that the department determines are	48787
appropriate. To the extent possible, the department shall	48788
disaggregate data on student performance according to any	48789
combinations of two or more of the categories listed in divisions	48790
(F)(1) to (13) of this section that it deems relevant.	48791

In reporting data pursuant to division (F) of this section,	48792
the department shall not include in the report cards any data	48793
statistical in nature that is statistically unreliable or that	48794
could result in the identification of individual students. For	48795
this purpose, the department shall not report student performance	48796
data for any group identified in division (F) of this section that	48797
contains less than ten students. If the department does not report	48798
student performance data for a group because it contains less than	48799
ten students, the department shall indicate on the report card	48800
that is why data was not reported.	48801

(G) The department may include with the report cards any	48802
additional education and fiscal performance data it deems	48803
valuable.	48804

(H) The department shall include on each report card a list	48805
of additional information collected by the department that is	48806
available regarding the district or building for which the report	48807
card is issued. When available, such additional information shall	48808
include student mobility data disaggregated by race and	48809
socioeconomic status, college enrollment data, and the reports	48810
prepared under section 3302.031 of the Revised Code.	48811

The department shall maintain a site on the world wide web.	48812
The report card shall include the address of the site and shall	48813
specify that such additional information is available to the	48814
public at that site. The department shall also provide a copy of	48815
each item on the list to the superintendent of each school	48816
district. The district superintendent shall provide a copy of any	48817
item on the list to anyone who requests it.	48818

(I) Division (I) of this section does not apply to conversion	48819
community schools that primarily enroll students between sixteen	48820
and twenty-two years of age who dropped out of high school or are	48821
at risk of dropping out of high school due to poor attendance,	48822
disciplinary problems, or suspensions.	48823

(1) For any district that sponsors a conversion community	48824
school under Chapter 3314. of the Revised Code, the department	48825
shall combine data regarding the academic performance of students	48826
enrolled in the community school with comparable data from the	48827
schools of the district for the purpose of determining the	48828
performance of the district as a whole on the report card issued	48829
for the district under this section or section 3302.033 of the	48830
Revised Code.	48831

(2) Any district that leases a building to a community school	48832
located in the district or that enters into an agreement with a	48833
community school located in the district whereby the district and	48834
the school endorse each other's programs may elect to have data	48835
regarding the academic performance of students enrolled in the	48836
community school combined with comparable data from the schools of	48837
the district for the purpose of determining the performance of the	48838
district as a whole on the district report card. Any district that	48839
so elects shall annually file a copy of the lease or agreement	48840
with the department.	48841

(3) Any municipal school district, as defined in section	48842
3311.71 of the Revised Code, that sponsors a community school	48843
located within the district's territory, or that enters into an	48844
agreement with a community school located within the district's	48845
territory whereby the district and the community school endorse	48846
each other's programs, may exercise either or both of the	48847
following elections:	48848

(a) To have data regarding the academic performance of	48849
students enrolled in that community school combined with	48850
comparable data from the schools of the district for the purpose	48851
of determining the performance of the district as a whole on the	48852
district's report card;	48853

(b) To have the number of students attending that community	48854
school noted separately on the district's report card.	48855

The election authorized under division (I)(3)(a) of this	48856
section is subject to approval by the governing authority of the	48857
community school.	48858

Any municipal school district that exercises an election to	48859
combine or include data under division (I)(3) of this section, by	48860
the first day of October of each year, shall file with the	48861
department documentation indicating eligibility for that election,	48862
as required by the department.	48863

(J) The department shall include on each report card the	48864
percentage of teachers in the district or building who are highly	48865
qualified, as defined by the "No Child Left Behind Act of 2001,"	48866
and a comparison of that percentage with the percentages of such	48867
teachers in similar districts and buildings.	48868

(K)(1) In calculating English language arts, mathematics,	48869
social studies, or science assessment passage rates used to	48870
determine school district or building performance under this	48871
section, the department shall include all students taking an	48872
assessment with accommodation or to whom an alternate assessment	48873
is administered pursuant to division (C)(1) or (3) of section	48874
3301.0711 of the Revised Code.	48875

(2) In calculating performance index scores, rates of	48876
achievement on the performance indicators established by the state	48877
board under section 3302.02 of the Revised Code, and annual	48878
measurable objectives for determining adequate yearly progress for	48879
school districts and buildings under this section, the department	48880
shall do all of the following:	48881

(a) Include for each district or building only those students	48882
who are included in the ADM certified for the first full school	48883
week of October and are continuously enrolled in the district or	48884
building through the time of the spring administration of any	48885
assessment prescribed by division (A)(1) or (B)(1) of section	48886
3301.0710 of the Revised Code that is administered to the	48887
student's grade level;	48888

(b) Include cumulative totals from both the fall and spring	48889
administrations of the third grade English language arts	48890
achievement assessment;	48891

(c) Except as required by the "No Child Left Behind Act of	48892
2001," exclude for each district or building any limited English	48893
proficient student who has been enrolled in United States schools	48894
for less than one full school year.	48895

(L) Beginning with the 2015-2016 school year and at least	48896
once every three years thereafter, the state board of education	48897
shall review and may adjust the benchmarks for assigning letter	48898
grades to the performance measures and components prescribed under	48899
divisions (C)(3) and (D) of this section.	48900

Sec. 3302.032. (A) Not later than December 31, 2011, the	48901
state board of education shall establish a measure of the	48902
following:	48903

(1) Student success in meeting the benchmarks contained in	48904
the physical education standards adopted under division (A)(3) of	48905
section 3301.079 of the Revised Code;	48906

(2) Compliance with the requirements for local wellness	48907
policies prescribed by section 204 of the "Child Nutrition and WIC	48908
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	48909

(3) Whether a school district or building has elected to	48910
administer the screenings authorized by sections 3313.674,	48911
3314.15, and 3326.26 of the Revised Code;	48912

(4) Whether a school district or building is participating in	48913
the physical activity pilot program administered under section	48914
3313.6016 of the Revised Code.	48915

(B) The measure shall be included on the school district and	48916
building report cards issued under section 3302.03 of the Revised	48917
Code, beginning with the report cards issued for the 2012-2013	48918
school year, but it shall not be a factor in the performance	48919
ratings issued under that section.	48920

(C) The department of education may accept, receive, and	48921
expend gifts, devises, or bequests of money for the purpose of	48922
establishing the measure required by this section.	48923

(D) The department shall not include a student enrolled in an	48924
internet- or computer-based community school, as defined in	48925
section 3314.02 of the Revised Code, or a child with a disability,	48926
as defined in section 3323.01 of the Revised Code, in any reports	48927
using the measures required under division (A) of this section.	48928

Sec. 3302.035. (A) As used in this section, "internet- or	48929
computer-based community school" and "operator" have the same	48930
meanings as in section 3314.02 of the Revised Code.	48931

(B) The department of education shall issue to each operator	48932
that manages, in whole or in part, more than one internet- or	48933
computer-based community school composite grades for the same	48934
measures prescribed for individual schools and school districts by	48935
section 3302.03 of the Revised Code based on the grades issued	48936
under that section for such schools managed by the operator.	48937

(C) An internet- or computer-based community school managed	48938
by an operator described in division (B) of this section shall be	48939
subject to sanctions under this chapter or permanent closure under	48940
section 3314.35 of the Revised Code based on the lower of the	48941
grade or grades issued to an individual school under section	48942
3302.03 of the Revised Code or the composite grade or grades	48943
issued to the school's operator under this section.	48944

(D) This section does not apply to a community school	48945
described in division (A)(4)(a) of section 3314.35 of the Revised	48946
Code.	48947

Sec. 3302.20. (A) The department of education shall develop	48948
standards for determining, from the existing data reported in	48949
accordance with sections 3301.0714 and 3314.17 of the Revised	48950
Code, the amount of annual operating expenditures for classroom	48951
instructional purposes and for nonclassroom purposes for each	48952
city, exempted village, local, and joint vocational school	48953
district, each community school established under Chapter 3314.	48954
that is not an internet- or computer-based community school, each	48955
internet- or computer-based community school, and each STEM school	48956
established under Chapter 3326. of the Revised Code. The	48957
department shall present those standards to the state board of	48958
education for consideration. In developing the standards, the	48959
department shall adapt existing standards used by professional	48960
organizations, research organizations, and other state	48961
governments. The department also shall align the expenditure	48962
categories required for reporting under the standards with the	48963
categories that are required for reporting to the United States	48964
department of education under federal law.	48965

The state board shall consider the proposed standards and	48966
adopt a final set of standards not later than December 31, 2012.	48967
School districts, community schools, and STEM schools shall begin	48968
reporting data in accordance with the standards on June 30, 2013.	48969

(B)(1) The department shall categorize all city, exempted	48970
village, and local school districts into not less than three nor	48971
more than five groups based primarily on average daily student	48972
enrollment as reported on the most recent report card issued for	48973
each district under section 3302.03 of the Revised Code.	48974

(2) The department shall categorize all joint vocational	48975
school districts into not less than three nor more than five	48976
groups based primarily on average daily membership as reported	48977
under division (D) of section 3317.03 of the Revised Code rounded	48978
to the nearest whole number.	48979

(3) The department shall categorize all community schools	48980
that are not internet- or computer-based community schools into	48981
not less than three nor more than five groups based primarily on	48982
average daily student enrollment as reported on the most recent	48983
report card issued for each community school under sections	48984
3302.03 and 3314.012 of the Revised Code or, in the case of a	48985
school to which section 3314.017 of the Revised Code applies, on	48986
the total number of students reported under divisions (B)(2)(a)	48987
and (b) of section 3314.08 of the Revised Code.	48988

(4) The department shall categorize all internet- or	48989
computer-based community schools into a single category.	48990

(5) The department shall categorize all STEM schools into a	48991
single category.	48992

(C) Using the standards adopted under division (A) of this	48993
section and the data reported under sections 3301.0714 and 3314.17	48994
of the Revised Code, the department shall compute annually for	48995
each fiscal year, the following:	48996

(1) The percentage of each district's, community school's, or	48997
STEM school's total operating budget spent for classroom	48998
instructional purposes;	48999

(2) The statewide average percentage for all districts,	49000
community schools, and STEM schools combined spent for classroom	49001
instructional purposes;	49002

(3) The average percentage for each of the categories of	49003
districts and schools established under division (B) of this	49004
section spent for classroom instructional purposes;	49005

(4) The ranking of each district, community school, or STEM	49006
school within its respective category established under division	49007
(B) of this section according to the following:	49008

(a) From highest to lowest percentage spent for classroom	49009
instructional purposes;	49010

(b) From lowest to highest percentage spent for	49011
noninstructional purposes.	49012

(D) In its display of rankings within each category under	49013
division (C)(4) of this section, the department shall make the	49014
following notations:	49015

(1) Within each category of city, exempted village, and local	49016
school districts, the department shall denote each district that	49017
is:	49018

(a) Among the twenty per cent of all city, exempted village,	49019
and local school districts statewide with the lowest total	49020
operating expenditures per pupil;	49021

(b) Among the twenty per cent of all city, exempted village,	49022
and local school districts statewide with the highest performance	49023
index scores.	49024

(2) Within each category of joint vocational school	49025
districts, the department shall denote each district that is:	49026

(a) Among the twenty per cent of all joint vocational school	49027
districts statewide with the lowest total operating expenditures	49028
per pupil;	49029

(b) Among the twenty per cent of all joint vocational school	49030
districts statewide with the highest report card scores under	49031
section 3302.033 of the Revised Code.	49032

(3) Within each category of community schools that are not	49033
internet- or computer-based community schools, the department	49034
shall denote each school that is:	49035

(a) Among the twenty per cent of all such community schools	49036
statewide with the lowest total operating expenditures per pupil;	49037

(b) Among the twenty per cent of all such community schools	49038
statewide with the highest performance index scores, excluding	49039
such community schools to which section 3314.017 of the Revised	49040
Code applies.	49041

(4) Within the category of internet- or computer-based	49042
community schools, the department shall denote each school that	49043
is:	49044

(a) Among the twenty per cent of all such community schools	49045
statewide with the lowest total operating expenditures per pupil;	49046

(b) Among the twenty per cent of all such community schools	49047
statewide with the highest performance index scores, excluding	49048
such community schools to which section 3314.017 of the Revised	49049
Code applies.	49050

(5) Within the category of STEM schools, the department shall	49051
denote each school that is:	49052

(a) Among the twenty per cent of all STEM schools statewide	49053
with the lowest total operating expenditures per pupil;	49054

(b) Among the twenty per cent of all STEM schools statewide	49055
with the highest performance index scores.	49056

For purposes of divisions (D)(3)(b) and (4)(b) of this	49057
section, the display shall note that, in accordance with section	49058
3314.017 of the Revised Code, a performance index score is not	49059
reported for some community schools that serve primarily students	49060
enrolled in dropout prevention and recovery programs.	49061

(E) The department shall post in a prominent location on its	49062
web site the information prescribed by divisions (C) and (D) of	49063
this section. The department also shall include on each	49064
district's, community school's, and STEM school's annual report	49065
card issued under section 3302.03 or 3314.017 of the Revised Code	49066
the respective information computed for the district or school	49067
under divisions (C)(1) and (4) of this section, the statewide	49068
information computed under division (C)(2) of this section, and	49069
the information computed for the district's or school's category	49070
under division (C)(3) of this section.	49071

(F) As used in this section:

49072

(1) "Internet- or computer-based community school" has the	49073
same meaning as in section 3314.02 of the Revised Code.	49074

(2) A school district's, community school's, or STEM school's	49075
performance index score rank is its performance index score rank	49076
as computed under section 3302.21 of the Revised Code.	49077

(3) "Operating expenditures per pupil" has the same meaning	49078
as "expenditure per equivalent pupils" as defined in section	49079
3302.26 of the Revised Code.	49080

Sec. 3302.21. (A) The department of education shall develop	49081
a system to rank order all city, exempted village, and local	49082
school districts, community schools established under Chapter	49083
3314. of the Revised Code except those community schools to which	49084
section 3314.017 of the Revised Code applies, and STEM schools	49085
established under Chapter 3326. of the Revised Code according to	49086
the following measures:	49087

(1) Performance index score for each school district,	49088
community school, and STEM school and for each separate building	49089
of a district, community school, or STEM school. For districts,	49090
schools, or buildings to which the performance index score does	49091
not apply, the superintendent of public instruction may develop	49092
another measure of student academic performance based on similar	49093
data and performance measures if appropriate and use that measure	49094
to include those buildings in the ranking so that districts,	49095
schools, and buildings may be reliably compared to each other.	49096

(2) Student performance growth from year to year, using the	49097
value-added progress dimension, if applicable, and other measures	49098
of student performance growth designated by the superintendent of	49099
public instruction for subjects and grades not covered by the	49100
value-added progress dimension or the alternative student academic	49101
progress measure if adopted under division (C)(1)(e) of section	49102
3302.03 of the Revised Code;	49103

(3) Current operating expenditures per pupil as determined	49104
under standards adopted by the state board of education under	49105
section 3302.20 of the Revised Code;	49106

(4) Of total current operating expenditures, percentage spent	49107
for classroom instruction as determined under standards adopted by	49108
the state board under section 3302.20 of the Revised Code;	49109

(5) Performance of, and opportunities provided to, students	49110
identified as gifted using value-added progress dimensions, if	49111
applicable, and other relevant measures as designated by the	49112
superintendent of public instruction.	49113

The department shall rank each district, each community	49114
school except a community school to which section 3314.017 of the	49115
Revised Code applies, and each STEM school annually in accordance	49116
with the system developed under this section.	49117

(B) In addition to the reports required by sections 3302.03	49118
and 3302.031 of the Revised Code, not later than the first day of	49119
September each year, the department shall issue a report for each	49120
city, exempted village, and local school district, each community	49121
school except a community school to which section 3314.017 of the	49122
Revised Code applies, and each STEM school indicating the	49123
district's or school's rank on each measure described in divisions	49124
(A)(1) to (4) of this section, including each separate building's	49125
rank among all public school buildings according to performance	49126
index score under division (A)(1) of this section.	49127

(C) As used in this section, "operating expenditures per	49128
pupil" has the same meaning as "expenditure per equivalent pupils"	49129
as defined in section 3302.26 of the Revised Code.	49130

Sec. 3302.22. (A) The governor's effective and efficient	49131
schools recognition program is hereby created. Each year, the	49132
governor shall recognize, in a manner deemed appropriate by the	49133
governor, the top ten per cent of all public schools in this	49134
state, including ~~schools of~~ city, exempted village, and local	49135
school districts, or joint vocational school districts, community	49136
schools established under Chapter 3314. ~~of the Revised Code~~, and	49137
STEM schools established under Chapter 3326. of the Revised Code.	49138

(B) The top ten per cent of schools shall be determined by	49139
the department of education according to standards established by	49140
the department, in consultation with the governor's office of 21st	49141
century education. The standards for recognition for each type of	49142
school may vary depending upon the unique characteristics of that	49143
type of school. The standards shall include, but need not be	49144
limited to, both of the following, provided that sufficient data	49145
is available for each school:	49146

(1) Student performance, as determined by factors ~~including~~	49147
that may include, but not be limited to, performance indicators	49148
under section 3302.02 of the Revised Code, report cards issued	49149
under section 3302.03 of the Revised Code, performance index score	49150
rankings under section 3302.21 of the Revised Code, and any other	49151
statewide or national assessment or student performance	49152
recognition program the department selects;	49153

(2) Fiscal performance, ~~including~~which may include	49154
cost-effective measures taken by the school.	49155

(C) If applicable, the standards under divisions (B)(1) and	49156
(2) of this section may be applied at the school building or	49157
district level, depending upon the quality and availability of	49158
data.	49159

Sec. 3302.26. (A) As used in this section:

49160

(1) "Expenditure per equivalent pupils" is the total	49161
operating expenditures of a school district divided by the measure	49162
of equivalent pupils.	49163

(2) "Measure of equivalent pupils" is the total number of	49164
students in a school district adjusted for the relative	49165
differences in costs associated with the unique characteristics	49166
and needs of each category of pupil.	49167

(B) The department of education shall create a performance	49168
management section on the department's public web site. The	49169
performance management section shall include information on	49170
academic and financial performance metrics for each school	49171
district to assist schools and districts in providing an effective	49172
and efficient delivery of educational services. The section shall	49173
include a graph that illustrates the relationship between a	49174
district's academic performance, as measured by the performance	49175
index score, and its expenditure per equivalent pupils as compared	49176
to similar districts. The section shall include statistics of	49177
academic and financial performance measures for each school	49178
district to allow for a comparison and benchmarking between	49179
districts.	49180

(C) The department may contract with an independent	49181
organization to develop and host the performance management	49182
section of its web site.	49183

Sec. 3303.41. There is hereby created the governor's council	49184
on people with disabilities. The council shall consist of	49185
twenty-one members of which the majority shall be people with	49186
disabilities as defined in this section, appointed by the governor	49187
for a term of three years except that for initial appointments,	49188
seven members shall be appointed for a term of one year, seven	49189
members shall be appointed for a term of two years, and seven	49190
members shall be appointed for a term of three years. Members may	49191
succeed themselves not more than one time. The governor shall	49192
annually appoint a ~~chairman~~chairperson who may succeed himself or	49193
herself not more than one time. Members of the council shall serve	49194
without compensation, but shall be paid the actual and necessary	49195
expenses they incur in the performance of their duties.	49196

The council shall meet at least six times annually at such	49197
times and places as may be designated by the ~~chairman~~chairperson.	49198

The governor's council on people with disabilities shall be	49199
assigned to the ~~rehabilitation services commission~~opportunities	49200
for Ohioans with disabilities agency for administrative purposes.	49201
The ~~administrator~~executive director of the ~~rehabilitation~~	49202
~~services commission~~opportunities for Ohioans with disabilities	49203
agency shall assign one professional staff person to the council	49204
to serve as executive secretary and other personnel as determined	49205
advisable.	49206

The council shall have the following powers:

49207

(A) To cooperate with the president's committee on employment	49208
of the handicapped;	49209

(B) To cooperate with all employers both public and private	49210
in locating or developing employment opportunities for people with	49211
disabilities;	49212

(C) To encourage and assist in the creation of committees at	49213
the community level;	49214

(D) To assist local, state, and federal agencies to	49215
coordinate their activities for the purpose of securing maximum	49216
utilization of funds and efforts that benefit people with	49217
disabilities;	49218

(E) To encourage cooperation among public and private	49219
employers, unions, and rehabilitation agencies, bureaus, and	49220
organizations both public and private with a specific goal to	49221
facilitate employment of people with disabilities;	49222

(F) To serve in an advisory capacity to the governor's office	49223
directly and as needed to the general assembly on issues relating	49224
to the needs, problems, and other concerns of people with	49225
disabilities;	49226

(G) To conduct educational programs to acquaint the public	49227
with the abilities and accomplishments of people with	49228
disabilities;	49229

(H) To promote the elimination of architectural barriers to	49230
make buildings used by the public accessible and useable by	49231
persons with physical limitations;	49232

(I) To make such rules as it determines advisable for the	49233
conduct of its own business.	49234

The council shall annually report to the governor on council	49235
activities and on the state of ~~Ohio's~~the people of this state	49236
with disabilities. This report may include any recommendations	49237
believed necessary or desirable to carry out the purposes of this	49238
section.	49239

As used in this section, "person with a disability" means any	49240
individual who has a disability or condition ~~which~~that,	49241
regardless of its physical or mental origin, imposes a functional	49242
limitation. It	49243

It shall be lawful for any public employee or officer to	49244
serve as a member of the council.	49245

Sec. 3304.11. As used in sections 3304.11 to 3304.27,	49246
~~inclusive,~~ of the Revised Code:	49247

(A) ~~"Handicapped person" or "disabled person"~~"Person with a	49248
disability" means any person with a physical or mental ~~disability~~	49249
~~which~~impairment that is a substantial ~~handicap~~impediment to	49250
employment ~~and which is of a nature that~~who can benefit in terms	49251
of an employment outcome from the provision of vocational	49252
rehabilitation services ~~may reasonably be expected to render him~~	49253
~~fit to engage in a gainful occupation consistent with his~~	49254
~~capacities and abilities, and any person with a physical or mental~~	49255
~~disability that constitutes a substantial handicap to employment~~	49256
~~for whom vocational rehabilitation services are necessary to~~	49257
~~determine his rehabilitation potential~~.	49258

(B) "Physical or mental ~~disability~~impairment" means a	49259
physical or mental condition that materially limits, contributes	49260
to limiting or, if not corrected, will probably result in limiting	49261
a person's activities or functioning.	49262

(C) "Substantial ~~handicap~~impediment to employment" means a	49263
physical or mental disability that impedes a person's occupational	49264
performance, by preventing ~~his~~the person's obtaining, retaining,	49265
or preparing for a gainful occupation consistent with ~~his~~the	49266
person's capacities and abilities.	49267

(D) "Vocational rehabilitation" and "vocational	49268
rehabilitation services" means any activity or service calculated	49269
to enable a ~~handicapped~~ person with a disability or groups of	49270
~~handicapped~~ persons with disabilities to engage in gainful	49271
occupation and includes, but is not limited to, medical and	49272
vocational evaluation, including diagnostic and related services,	49273
vocational counseling, guidance and placement, including follow-up	49274
services, rehabilitation training, including books and other	49275
training materials, physical restoration, recruitment and training	49276
services designed to provide ~~handicapped~~ persons with disabilities	49277
new employment opportunities, maintenance, occupational tools,	49278
equipment, supplies, transportation, services to families of	49279
~~handicapped~~ persons ~~which~~with disabilities that contribute	49280
substantially to the rehabilitation of these persons, and any	49281
other goods or service necessary to render a ~~handicapped~~ person	49282
with a disability employable.	49283

(E) "Establishment of a rehabilitation facility" means the	49284
expansion, remodeling, or alteration of an existing building,	49285
~~which~~that is necessary to adapt or to increase the effectiveness	49286
of that building for rehabilitation facility purposes, the	49287
acquisition of equipment for these purposes, and the initial	49288
staffing.	49289

(F) "Construction" means the construction of new buildings,	49290
acquisition of land or existing buildings and their expansion,	49291
remodeling, alteration and renovation, and the initial staffing	49292
and equipment of any new, newly acquired, expanded, remodeled,	49293
altered, or renovated buildings.	49294

(G) "Physical restoration services" means those services	49295
~~which~~that are necessary to correct or substantially modify within	49296
a reasonable period of time a physical or mental condition ~~which~~	49297
that is stable or slowly progressive.	49298

(H) "Occupational license" means any license, permit, or	49299
other written authority required by any governmental unit in order	49300
to engage in any occupation or business.	49301

(I) "Maintenance" means money payments to ~~disabled~~ persons	49302
with disabilities who need financial assistance for their	49303
subsistence during their vocational rehabilitation.	49304

Sec. 3304.12. (A) The governor, with the advice and consent	49305
of the senate, shall appoint ~~a rehabilitation services~~the	49306
opportunities for Ohioans with disabilities commission within the	49307
opportunities for Ohioans with disabilities agency consisting of	49308
seven members, no more than four of whom shall be members of the	49309
same political party and who shall include at least three from	49310
rehabilitation professions, including at least one member from the	49311
field of services to the blind, and at least four ~~handicapped~~	49312
individuals with disabilities, no less than two nor more than	49313
three of whom have received vocational rehabilitation services	49314
offered by a state vocational rehabilitation agency or the	49315
veterans' administration. ~~Such handicapped~~The members with	49316
disabilities shall be representative of several major categories	49317
of ~~handicapped~~ persons with disabilities served by the ~~commission~~	49318
opportunities for Ohioans with disabilities agency.	49319

(B) ~~Of the members first appointed to the commission, one~~	49320
~~shall be appointed for a term of seven years, one for a term of~~	49321
~~six years, one for a term of five years, one for a term of four~~	49322
~~years, one for a term of three years, one for a term of two years,~~	49323
~~and one for a term of one year. Thereafter, terms~~Terms of office	49324
shall be for seven years, commencing on the ninth day of September	49325
and ending on the eighth day of September, with no person eligible	49326
to serve more than two seven-year terms. Each member shall hold	49327
office from the date of ~~his~~ appointment until the end of the term	49328
for which hethe member was appointed. Any member appointed to	49329
fill a vacancy occurring prior to the expiration of the term for	49330
which ~~his~~the member's predecessor was appointed shall hold office	49331
for the remainder of ~~such~~that term. Any member shall continue in	49332
office subsequent to the expiration date of ~~his~~the member's term	49333
until ~~his~~a successor takes office, or until a period of sixty	49334
days has elapsed, whichever occurs first. ~~Members appointed to the~~	49335
~~commission after September 1, 1977, shall be handicapped~~	49336
~~individuals representing those who have received vocational~~	49337
~~rehabilitation services offered by a state vocational~~	49338
~~rehabilitaion agency or the veterans' administration until the~~	49339
~~commission membership includes at least four such individuals.~~	49340
Members who fail to perform their duties or who are guilty of	49341
misconduct may be removed on written charges preferred by the	49342
governor or by a majority of the commission.	49343

(C) Members of the commission shall be reimbursed for travel	49344
and necessary expenses incurred in the conduct of their duties,	49345
and shall receive an amount fixed pursuant to division (J) of	49346
section 124.15 of the Revised Code while actually engaged in	49347
attendance at meetings or in the performance of their duties.	49348

Sec. 3304.13. The ~~rehabilitation services commission~~	49349
opportunities for Ohioans with disabilities commission shall hold	49350
its first meeting at the call of the governor, and at that	49351
meeting, shall elect one of its members as ~~chairman~~chairperson	49352
and adopt rules governing the time and place of regular meetings,	49353
which shall be held not less than once every four months. Special	49354
meetings shall be held at the call of the ~~chairman~~chairperson or	49355
any three members of the commission. The ~~chairman~~chairperson	49356
shall serve for four years, unless removed earlier by a majority	49357
vote of the commission, and shall be ineligible to serve as	49358
~~chairman~~chairperson during the succeeding four years. Each member	49359
of the commission, before entering upon the duties of office,	49360
shall take and subscribe an oath to uphold the constitution and	49361
laws of the United States and this state and to perform the duties	49362
of office honestly, faithfully, and impartially. Each member shall	49363
give a bond of five thousand dollars, with a sufficient surety	49364
approved by the treasurer of state. After approval, the bond shall	49365
be filed with the secretary of state. If the bond is executed by a	49366
surety company, the premiums on it shall be paid from the funds	49367
appropriated for the expenses of the ~~rehabilitation services~~	49368
~~commission~~opportunities for Ohioans with disabilities agency.	49369

~~Sec. 3304.16.~~ Sec. 3304.14. ~~In carrying out~~For the purposes of	49370
sections 3304.11 to 3304.27 of the Revised Code, the	49371
~~rehabilitation services commission~~opportunities for Ohioans with	49372
disabilities commission shall approve the state vocational	49373
rehabilitation plan, jointly approve the state plan for	49374
independent living with the Ohio state independent living council,	49375
appoint a consumer advisory committee, and, to the extent	49376
feasible, conduct a review and analysis of the effectiveness of	49377
and consumer satisfaction with all of the following:	49378

(A) ~~Shall develop all necessary rules~~The functions performed	49379
by the opportunities for Ohioans with disabilities agency;	49380

(B) ~~Shall prepare and submit to the governor annual reports~~	49381
~~of activities and expenditures and, prior to each first regular~~	49382
~~session of the general assembly, an estimate of sums required to~~	49383
~~carry out the commission's responsibilities~~The vocational	49384
rehabilitation services provided by state agencies and other	49385
public and private entities responsible for providing vocational	49386
rehabilitation services to persons with disabilities under the	49387
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as	49388
amended;	49389

(C) ~~Shall certify any disbursement of funds available to the~~	49390
~~commission for vocational rehabilitation activities;~~	49391

~~(D) Shall serve as the sole state agency designated to~~	49392
~~administer the plan under the "Rehabilitation Act of 1973," 87~~	49393
~~Stat. 355, 29 U.S.C. 701, as amended;~~	49394

~~(E) Shall take appropriate action to guarantee rights of and~~	49395
~~services to handicapped persons;~~	49396

~~(F) Shall consult with and advise other state agencies to~~	49397
~~assist them in meeting the needs of handicapped persons more~~	49398
~~effectively and to achieve maximum coordination among programs for~~	49399
~~the handicapped;~~	49400

~~(G) Shall establish an administrative division of consumer~~	49401
~~affairs and advocacy within the commission to promote and help~~	49402
~~guarantee the rights of handicapped persons;~~	49403

~~(H) Shall maintain an inventory of state services that are~~	49404
~~available to handicapped persons;~~	49405

~~(I) Shall utilize, support, assist, and cooperate with the~~	49406
~~governor's committee on employment of the handicapped;~~	49407

~~(J) May delegate to any officer or employee of the commission~~	49408
~~any necessary powers and duties, except that the commission shall~~	49409
~~delegate to the administrator of the commission, as provided in~~	49410
~~section 3304.14 of the Revised Code, the power and duty to~~	49411
~~administer the daily operation and provision of vocational~~	49412
~~rehabilitation services;~~	49413

~~(K) May take any other necessary or appropriate action for~~	49414
~~cooperation with public and private agencies and organizations~~	49415
~~which may include:~~	49416

~~(1) Reciprocal agreements with other states to provide for~~	49417
~~the vocational rehabilitation of individuals within the states~~	49418
~~concerned;~~	49419

~~(2) Contracts or other arrangements with public and other~~	49420
~~nonprofit agencies and organizations for the construction or~~	49421
~~establishment and operation of vocational rehabilitation programs~~	49422
~~and facilities;~~	49423

~~(3) Cooperative arrangements with the federal government for~~	49424
~~carrying out sections 3304.11 to 3304.27 of the Revised Code, the~~	49425
~~"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.~~	49426
~~31, as amended, or other federal statutes pertaining to vocational~~	49427
~~rehabilitation, and to this end, may adopt plans and methods of~~	49428
~~administration found necessary by the federal government for the~~	49429
~~efficient operation of any joint arrangements or the efficient~~	49430
~~application of any federal statutes;~~	49431

~~(4) Upon the designation of the governor, performing~~	49432
~~functions and services for the federal government relating to~~	49433
~~individuals under a physical or mental disability.~~	49434

~~(L) May take any appropriate action necessary to obtain~~	49435
~~federal funds in the maximum amount and most advantageous~~	49436
~~proportion possible;~~	49437

~~(M) May conduct research and demonstration projects,~~	49438
~~including inquiries concerning the causes of blindness and its~~	49439
~~prevention, provide training and instruction, including the~~	49440
~~establishment and maintenance of research fellowships and~~	49441
~~traineeships along with all necessary stipends and allowances,~~	49442
~~disseminate information, and provide technical assistance relating~~	49443
~~to vocational rehabilitation;~~	49444

~~(N) May plan, establish, and operate programs, facilities,~~	49445
~~and services relating to vocational rehabilitation;~~	49446

~~(O) May accept and hold, invest, reinvest, or otherwise use~~	49447
~~gifts made for the purpose of furthering vocational~~	49448
~~rehabilitation;~~	49449

~~(P) May ameliorate the condition of the aged blind or other~~	49450
~~severely disabled individuals by establishing a program of home~~	49451
~~visitation by commission employees for the purpose of instruction;~~	49452

~~(Q) May establish and manage small business enterprises that~~	49453
~~are operated by persons with a substantial handicap to employment,~~	49454
~~including blind persons;~~	49455

~~(R) May purchase from insurance companies licensed to do~~	49456
~~business in this state any insurance deemed necessary by the~~	49457
~~commission for the efficient operation of a suitable vending~~	49458
~~facility as defined in division (A) of section 3304.28 of the~~	49459
~~Revised Code;~~	49460

~~(S) May accept directly from any state agency, and any state~~	49461
~~agency may transfer directly to the commission, surplus computers~~	49462
~~and computer equipment to be used for any purposes the commission~~	49463
~~considers appropriate, notwithstanding sections 125.12 to 125.14~~	49464
~~of the Revised Code~~The employment outcomes achieved by eligible	49465
individuals receiving services under sections 3304.11 to 3304.27	49466
of the Revised Code, including the availability of health and	49467
other employment benefits in connection with those employment	49468
outcomes.	49469

~~Sec. 3304.14.~~ Sec. 3304.15. (A) There is hereby created the	49470
opportunities for Ohioans with disabilities agency. The agency is	49471
the designated state unit authorized under the "Rehabilitation Act	49472
of 1973," 87 Stat. 355, 29 U.S.C. 701, as amended, to provide	49473
vocational rehabilitation to eligible persons with disabilities.	49474

(B) The governor shall appoint an ~~administrator~~executive	49475
director of the ~~rehabilitation services commission~~opportunities	49476
for Ohioans with disabilities agency to serve at the pleasure of	49477
the governor and shall fix the ~~administrator's~~executive	49478
director's compensation. The ~~administrator~~executive director	49479
shall devote the ~~administrator's~~executive director's entire time	49480
to the duties of the ~~administrator's~~executive director's office,	49481
shall hold no other office or position of trust and profit, and	49482
shall engage in no other business during the ~~administrator's~~	49483
executive director's term of office. The governor may grant the	49484
~~administrator~~executive director the authority to appoint, remove,	49485
and discipline without regard to sex, race, creed, color, age, or	49486
national origin, such other professional, administrative, and	49487
clerical staff members as are necessary to carry out the functions	49488
and duties of the ~~commission~~agency.	49489

~~(B)(1)~~The executive director of the opportunities for	49490
Ohioans with disabilities agency is the executive and	49491
administrative officer of the agency. Whenever the Revised Code	49492
imposes a duty on or requires an action of the agency, the	49493
executive director shall perform the duty or action on behalf of	49494
the agency. The executive director may establish procedures for	49495
all of the following:	49496

(1) The governance of the agency;

49497

(2) The conduct of agency employees and officers;

49498

(3) The performance of agency business;

49499

(4) The custody, use, and preservation of agency records,	49500
papers, books, documents, and property.	49501

(C) The ~~administrator~~executive director shall have exclusive	49502
authority to administer the daily operation and provision of	49503
vocational rehabilitation services under this chapter. In	49504
exercising that authority, the executive director may do all of	49505
the following:	49506

(1) Adopt rules in accordance with Chapter 119. of the	49507
Revised Code;	49508

(2) Prepare and submit an annual report to the governor;

49509

(3) Certify any disbursement of funds available to the agency	49510
for vocational rehabilitation activities;	49511

(4) Take appropriate action to guarantee rights of services	49512
to people with disabilities;	49513

(5) Consult with and advise other state agencies and	49514
coordinate programs for persons with disabilities;	49515

(6) Comply with the requirements for match as part of budget	49516
submission;	49517

(7) Establish research and demonstration projects;

49518

(8) Accept, hold, invest, reinvest, or otherwise use gifts to	49519
further vocational rehabilitation;	49520

(9) For the purposes of the business enterprise program	49521
administered under sections 3304.28 to 3304.35 of the Revised	49522
Code:	49523

(a) Establish and manage small business entities owned or	49524
operated by visually impaired persons;	49525

(b) Purchase insurance;

49526

49527

(10) Enter into contracts and other agreements for the	49528
provision of services.	49529

~~(2)~~(D) The ~~administrator~~executive director shall establish a	49530
fee schedule for vocational rehabilitation services in accordance	49531
with 34 C.F.R. 361.50.	49532

~~Sec. 3304.15.~~ Sec. 3304.16. The ~~rehabilitation services commission~~	49533
executive director of the opportunities for Ohioans with	49534
disabilities agency shall establish administrative subdivisions	49535
~~under its control~~ as ~~it determines~~ necessary or appropriate to	49536
carry out ~~its~~the agency's functions and duties, but there shall	49537
be a bureau of services for the visually impaired and a bureau of	49538
vocational rehabilitation, each of which has as its head a deputy	49539
director appointed by the ~~administrator, subject to~~ ~~commission~~	49540
approvalexecutive director. The ~~commission~~executive director	49541
shall prescribe the budgets for the government of each division,	49542
and rules for the conduct of its employees, the performance of its	49543
business, and the custody, use, and preservation of the records,	49544
papers, books, documents, and property pertaining thereto.	49545

Sec. 3304.17. The ~~rehabilitation services commission~~	49546
opportunities for Ohioans with disabilities agency shall provide	49547
vocational rehabilitation services to all eligible ~~handicapped~~	49548
persons with disabilities, including any ~~handicapped~~ person with a	49549
disability who is eligible under the terms of an agreement or	49550
arrangement with another state or with the federal government.	49551

Sec. 3304.18. The treasurer of state shall be the custodian	49552
of all moneys received from the federal government for vocational	49553
rehabilitation programs and shall disburse the money upon the	49554
certification of the ~~rehabilitation services commission~~executive	49555
director of the opportunities for Ohioans with disabilities	49556
agency. If federal funds are not available to the state for	49557
vocational rehabilitation purposes, the governor shall include as	49558
part of ~~his~~the governor's biennial budget request to the general	49559
assembly a request for funds sufficient to support the activities	49560
of the ~~commission~~agency.	49561

Sec. 3304.181. If the total of all funds available from	49562
nonfederal sources to support the activities of the ~~rehabilitation~~	49563
~~services commission~~opportunities for Ohioans with disabilities	49564
agency does not comply with the expenditure requirements of 34	49565
C.F.R. 361.60 and 361.62 for those activities or would cause the	49566
state to lose an allotment or fail to receive a reallotment under	49567
34 C.F.R. 361.65, the ~~commission~~agency may solicit additional	49568
funds from, and enter into agreements for the use of those funds	49569
with, private or public entities, including local government	49570
entities of this state. The ~~commission~~agency may continue to	49571
solicit additional funds and enter into agreements until the total	49572
funding available is sufficient for the ~~commission~~agency to	49573
receive federal funds at the maximum amount and in the most	49574
advantageous proportion possible.	49575

Any agreement entered into between the ~~commission~~agency and	49576
a private or public entity to provide funds under this section	49577
shall be in accordance with 34 C.F.R. 361.28 and section 3304.182	49578
of the Revised Code.	49579

Sec. 3304.182. Any agreement between the ~~rehabilitation~~	49580
~~services commission~~opportunities for Ohioans with disabilities	49581
agency and a private or public entity providing funds under	49582
section 3304.181 of the Revised Code may permit the ~~commission~~	49583
agency to receive a specified percentage of the funds, but the	49584
percentage shall be not more than twenty-five per cent of the	49585
total funds available under the agreement. The ~~commission~~agency	49586
may terminate an agreement at any time for just cause. It may	49587
terminate an agreement for any other reason by giving at least	49588
thirty days' notice to the public or private entity.	49589

Any services provided under an agreement entered into under	49590
section 3304.181 of the Revised Code shall be provided by a person	49591
or government entity that meets the accreditation standards	49592
established in rules adopted by the ~~commission~~agency under	49593
section ~~3304.16~~3304.15 of the Revised Code.	49594

Sec. 3304.19. The right of a ~~handicapped~~ person with a	49595
disability to living maintenance under sections 3304.11 to	49596
3304.27~~, inclusive,~~ of the Revised Code, is not transferable or	49597
assignable at law or in equity, and none of the money paid or	49598
payable or rights existing under this ~~act~~chapter are subject to	49599
execution, levy, attachment, garnishment, or other legal process,	49600
or to the operation of any bankruptcy or insolvency law.	49601

Sec. 3304.20. Any person applying for or receiving	49602
vocational rehabilitation services who is dissatisfied with regard	49603
to the furnishing or denial of services, may file a request for an	49604
administrative review and redetermination of that action in	49605
accordance with rules of the ~~rehabilitation services commission~~	49606
opportunities for Ohioans with disabilities agency. When the	49607
person is dissatisfied with the finding of this administrative	49608
review, hethe person is entitled, in accordance with ~~commission~~	49609
agency rules and in accordance with Chapter 119. of the Revised	49610
Code, to a fair hearing before the ~~administrator~~executive	49611
director of the ~~rehabilitation services commission~~agency.	49612

Sec. 3304.21. No person shall, except for the purposes of	49613
sections 3304.11 to 3304.27~~, inclusive,~~ of the Revised Code, and	49614
in accordance with the rules established by the ~~rehabilitation~~	49615
~~services commission~~opportunities for Ohioans with disabilities	49616
agency, solicit, disclose, receive, make use of, authorize,	49617
knowingly permit, participate in, or acquiesce in the use of any	49618
list of names or information concerning persons applying for or	49619
receiving any services from the ~~commission~~agency, which	49620
information is directly or indirectly derived from the records of	49621
the agency or is acquired in the performance of the person's	49622
official duties.	49623

Sec. 3304.22. No officer or employee of the ~~rehabilitation~~	49624
~~services~~opportunities for Ohioans with disabilities commission,	49625
the opportunities for Ohioans with disabilities agency, or any	49626
person engaged in the administration of a vocational	49627
rehabilitation program sponsored by or affiliated with the state	49628
shall use or permit the use of any vocational rehabilitation	49629
program for the purpose of interfering with an election for any	49630
partisan political purpose; solicit or receive money for a	49631
partisan political purpose; or require any other person to	49632
contribute any service or money for a partisan political purpose.	49633
Whoever violates this section shall be removed from ~~his~~the	49634
officer's or employee's office or employment.	49635

Sec. 3304.25. The members of the ~~bureau~~consumer advisory	49636
~~committees~~committee appointed under section 3304.14 of the	49637
Revised Code shall receive no compensation for their services	49638
except their actual and necessary traveling and other expenses	49639
incurred in the performance of their official duties, which shall	49640
first be approved by the ~~administrator~~executive director of the	49641
~~rehabilitation services commission~~opportunities for Ohioans with	49642
disabilities agency.	49643

Sec. 3304.27. All vocational rehabilitation services made	49644
available under sections 3304.11 to 3304.27~~, inclusive,~~ of the	49645
Revised Code, are made available subject to amendment or repeal of	49646
those sections ~~3304.11 to 3304.27, inclusive, of the Revised Code~~,	49647
and no ~~disabled~~ person with a disability shall have any claim by	49648
reason of ~~his~~the person's vocational rehabilitation being	49649
affected in any way by such an amendment or repeal.	49650

Sec. 3304.28. As used in sections 3304.28 to 3304.34 of the	49651
Revised Code:	49652

(A) "Suitable vending facility" means automatic vending	49653
machines, cafeterias, snack bars, cart service shelters, counters,	49654
and other appropriate auxiliary food service equipment determined	49655
to be necessary by the bureau of services for the visually	49656
impaired for the automatic or manual dispensing of foods,	49657
beverages, and other such commodities for sale by persons, no	49658
fewer than one-half of whom are blind, under the supervision of a	49659
licensed blind vendor or an employee of the ~~commission~~	49660
opportunities for Ohioans with disabilities agency.	49661

(B) "Blind" means either of the following:

49662

(1) Vision twenty/two hundred or less in the better eye with	49663
proper correction;	49664

(2) Field defect in the better eye with proper correction	49665
~~which~~that contracts the peripheral field so that the diameter of	49666
the visual field subtends an angle no greater than twenty degrees.	49667

(C) "Governmental property" means any real property,	49668
building, or facility owned, leased, or rented by the state or any	49669
board, commission, department, division, or other unit or agency	49670
thereof, but does not include any institution under the management	49671
of the department of rehabilitation and correction pursuant to	49672
section 5120.05 of the Revised Code, or under the management of	49673
the department of youth services created pursuant to section	49674
5139.01 of the Revised Code.	49675

Sec. 3304.41. The ~~rehabilitation services commission~~	49676
opportunities for Ohioans with disabilities agency shall establish	49677
and administer a program for the use of funds appropriated for	49678
that purpose to provide personal care assistance to enable	49679
eligible severely physically disabled persons to live	49680
independently or work, shall adopt rules in accordance with	49681
Chapter 119. of the Revised Code as necessary to carry out the	49682
purposes of this section, and shall apply to the controlling board	49683
for the release of the funds.	49684

Sec. 3305.03. (A) The Ohio board of regents shall designate	49685
the entities that are eligible to provide investment options under	49686
alternative retirement plans maintained by public institutions of	49687
higher education. The board shall accept and review applications	49688
from entities seeking designation as a vendor. The board shall not	49689
designate an entity as a vendor unless the entity meets the	49690
requirements described in division (B) of this section.	49691

(B) To be eligible for designation as a vendor, an entity	49692
must meet both of the following requirements:	49693

(1) The entity must be authorized to conduct business in this	49694
state with regard to the investment options to be offered under an	49695
alternative retirement plan maintained by a public institution of	49696
higher education.	49697

(2) The entity must ~~offer~~meet one of the following	49698
requirements:	49699

(a) Have provided investment options for not less than ten	49700
years under alternative retirement plans maintained by public	49701
institutions of higher education in this state;	49702

(b) Offer the same or similar investment options under	49703
alternative retirement plans, optional retirement plans, or	49704
similar types of plans with respect to which all of the following	49705
apply:	49706

~~(a)~~(i) The plans are defined contribution plans that are	49707
qualified plans under Internal Revenue Code 401(a) or 403(b).	49708

~~(b)~~(ii) The plans are maintained by institutions of higher	49709
education in at least ten other states.	49710

~~(c)~~(iii) The plans are established as primary retirement	49711
plans that are alternatives to or a component of the applicable	49712
state retirement system.	49713

(C) In determining whether to designate an entity as a	49714
vendor, the board of regents shall identify, consider, and	49715
evaluate all of the following:	49716

(1) The experience of the entity in providing in this state	49717
or other states investment options under alternative retirement	49718
plans, optional retirement plans, or similar types of plans that	49719
meet the requirements of division (B)(2)(a) or (b) of this	49720
section, as applicable;	49721

(2) The potential effectiveness of the entity in recruiting	49722
eligible employees to select that entity for purposes of	49723
participating in an alternative retirement plan and in retaining	49724
those employees' accounts;	49725

(3) Whether the entity intends to offer a broad range of	49726
investment options to the electing employees;	49727

(4) The suitability of the investment options to the needs	49728
and interests of the electing employees and their beneficiaries;	49729

(5) The capability of the entity to offer sufficient	49730
information to the electing employees and their beneficiaries to	49731
make informed decisions with regard to investment options offered	49732
by the entity;	49733

(6) The capability of the entity to perform in a manner that	49734
is in the best interests of the electing employees and their	49735
beneficiaries;	49736

(7) The fees and expenses associated with the entity's	49737
investment options and the manner in which the entity intends to	49738
disclose those fees and expenses;	49739

(8) The rights and benefits to be provided under the	49740
investment options;	49741

(9) The capability of the entity to provide the rights and	49742
benefits under the investment options;	49743

(10) Comments submitted by a public institution of higher	49744
education under section 3305.031 of the Revised Code;	49745

(11) Any other matters the board of regents considers	49746
relevant.	49747

(D) The board of regents shall conduct periodic reviews of	49748
each entity designated as a vendor and the investment options	49749
being offered to ensure that the requirements and purposes of this	49750
chapter are being met. The reviews of a vendor shall occur not	49751
less frequently than once every three years.	49752

If it finds that the vendor is not in compliance with the	49753
requirements of this chapter or the vendor is not satisfactorily	49754
meeting the purposes of this chapter, the board shall rescind the	49755
vendor's designation.	49756

(E) Notwithstanding sections 125.01 to 125.11 of the Revised	49757
Code, designation of a vendor or the execution of any agreement	49758
under this chapter is not subject to competitive bidding under	49759
those sections.	49760

Sec. 3307.51. (A) The state teachers retirement board shall	49761
have prepared annually by or under the supervision of an actuary	49762
an actuarial valuation of the pension assets, liabilities, and	49763
funding requirements of the STRS defined benefit plan. The actuary	49764
shall complete the valuation in accordance with actuarial	49765
standards of practice promulgated by the actuarial standards board	49766
of the American academy of actuaries and prepare a report of the	49767
valuation. The report shall include all of the following:	49768

(1) A summary of the benefit provisions evaluated;

49769

(2) A summary of the census data and financial information	49770
used in the valuation;	49771

(3) A description of the actuarial assumptions, actuarial	49772
cost method, and asset valuation method used in the valuation,	49773
including a statement of the assumed rate of payroll growth and	49774
assumed rate of growth or decline in the number of members	49775
contributing to the retirement system;	49776

(4) A summary of findings that includes a statement of the	49777
actuarial accrued pension liabilities and unfunded actuarial	49778
accrued pension liabilities;	49779

(5) A schedule showing the effect of any changes in the	49780
benefit provisions, actuarial assumptions, or cost methods since	49781
the last annual actuarial valuation;	49782

(6) A statement of whether contributions to the retirement	49783
system are expected to be sufficient to satisfy the funding	49784
objectives established by the board.	49785

The board shall submit the report to the Ohio retirement	49786
study council, the director of budget and management, and the	49787
standing committees of the house of representatives and the senate	49788
with primary responsibility for retirement legislation immediately	49789
upon its availability and not later than the first day of January	49790
following the year for which the valuation was made.	49791

(B) At such times as the state teachers retirement board	49792
determines, and at least once in each quinquennial period, the	49793
board shall have prepared by or under the supervision of an	49794
actuary an actuarial investigation of the mortality, service, and	49795
other experience of the members, retirants, and beneficiaries of	49796
the system, and other system retirants as defined in section	49797
3307.35 of the Revised Code to update the actuarial assumptions	49798
used in the actuarial valuation required by division (A) of this	49799
section. The actuary shall prepare a report of the actuarial	49800
investigation. The report shall be prepared and any recommended	49801
changes in actuarial assumptions shall be made in accordance with	49802
the actuarial standards of practice promulgated by the actuarial	49803
standards board of the American academy of actuaries. The report	49804
shall include all of the following:	49805

(1) A summary of relevant decrement and economic assumption	49806
experience observed over the period of the investigation;	49807

(2) Recommended changes in actuarial assumptions to be used	49808
in subsequent actuarial valuations required by division (A) of	49809
this section;	49810

(3) A measurement of the financial effect of the recommended	49811
changes in actuarial assumptions.	49812

The board shall submit the report to the Ohio retirement	49813
study council and the standing committees of the house of	49814
representatives and the senate with primary responsibility for	49815
retirement legislation not later than the first day of May	49816
following the last fiscal year of the period the report covers.	49817

(C) The board may at any time request the actuary to make any	49818
other studies or actuarial valuations to determine the adequacy of	49819
the normal and deficiency rates of contribution provided by	49820
section 3307.28 of the Revised Code, and those rates may be	49821
adjusted by the board, as recommended by the actuary, effective as	49822
of the first of any year thereafter.	49823

(D) The board shall have prepared by or under the supervision	49824
of an actuary an actuarial analysis of any introduced legislation	49825
expected to have a measurable financial impact on the retirement	49826
system. The actuarial analysis shall be completed in accordance	49827
with the actuarial standards of practice promulgated by the	49828
actuarial standards board of the American academy of actuaries.	49829
The actuary shall prepare a report of the actuarial analysis,	49830
which shall include all of the following:	49831

(1) A summary of the statutory changes that are being	49832
evaluated;	49833

(2) A description of or reference to the actuarial	49834
assumptions and actuarial cost method used in the report;	49835

(3) A description of the participant group or groups included	49836
in the report;	49837

(4) A statement of the financial impact of the legislation,	49838
including the resulting increase, if any, in the employer normal	49839
cost percentage; the increase, if any, in actuarial accrued	49840
liabilities; and the per cent of payroll that would be required to	49841
amortize the increase in actuarial accrued liabilities as a level	49842
per cent of covered payroll for all active members over a period	49843
not to exceed thirty years;	49844

(5) A statement of whether the scheduled contributions to the	49845
system after the proposed change is enacted are expected to be	49846
sufficient to satisfy the funding objectives established by the	49847
board.	49848

Not later than sixty days from the date of introduction of	49849
the legislation, the board shall submit a copy of the actuarial	49850
analysis to the legislative service commission, the standing	49851
committees of the house of representatives and the senate with	49852
primary responsibility for retirement legislation, and the Ohio	49853
retirement study council.	49854

(E) The board shall have prepared annually a report giving a	49855
full accounting of the revenues and costs relating to the	49856
provision of benefits under section 3307.39 of the Revised Code.	49857
The report shall be made as of June 30, 1997, and the thirtieth	49858
day of June of each year thereafter. The report shall include the	49859
following:	49860

(1) A description of the statutory authority for the benefits	49861
provided;	49862

(2) A summary of the benefits;

49863

(3) A summary of the eligibility requirements for the	49864
benefits;	49865

(4) A statement of the number of participants eligible for	49866
the benefits;	49867

(5) A description of the accounting, asset valuation, and	49868
funding method used to provide the benefits;	49869

(6) A statement of the net assets available for the	49870
provisions of benefits as of the last day of the fiscal year;	49871

(7) A statement of any changes in the net assets available	49872
for the provision of benefits, including participant and employer	49873
contributions, net investment income, administrative expenses, and	49874
benefits provided to participants, as of the last day of the	49875
fiscal year;	49876

(8) For the last six consecutive fiscal years, a schedule of	49877
the net assets available for the benefits, the annual cost of	49878
benefits, administrative expenses incurred, and annual employer	49879
contributions allocated for the provision of benefits;	49880

(9) A description of any significant changes that affect the	49881
comparability of the report required under this division;	49882

(10) A statement of the amount paid under division (B) of	49883
section 3307.39 of the Revised Code.	49884

The board shall submit the report to the Ohio retirement	49885
study council, the director of budget and management, and the	49886
standing committees of the house of representatives and the senate	49887
with primary responsibility for retirement legislation immediately	49888
upon its availability and not later than the thirty-first day of	49889
December following the year for which the report was made.	49890

Sec. 3309.21. (A) The school employees retirement board	49891
shall have prepared annually by or under the supervision of an	49892
actuary an actuarial valuation of the pension assets, liabilities,	49893
and funding requirements of the school employees retirement system	49894
as established pursuant to this chapter. The actuary shall	49895
complete the valuation in accordance with actuarial standards of	49896
practice promulgated by the actuarial standards board of the	49897
American academy of actuaries and prepare a report of the	49898
valuation. The report shall include all of the following:	49899

(1) A summary of the benefit provisions evaluated;

49900

(2) A summary of the census data and financial information	49901
used in the valuation;	49902

(3) A description of the actuarial assumptions, actuarial	49903
cost method, and asset valuation method used in the valuation,	49904
including a statement of the assumed rate of payroll growth and	49905
assumed rate of growth or decline in the number of members	49906
contributing to the retirement system;	49907

(4) A summary of findings that includes a statement of the	49908
actuarial accrued pension liabilities and unfunded actuarial	49909
accrued pension liabilities;	49910

(5) A schedule showing the effect of any changes in the	49911
benefit provisions, actuarial assumptions, or cost methods since	49912
the last annual actuarial valuation;	49913

(6) A statement of whether contributions to the retirement	49914
system are expected to be sufficient to satisfy the funding	49915
objectives established by the board.	49916

The board shall submit the report to the Ohio retirement	49917
study council, the director of budget and management, and the	49918
standing committees of the house of representatives and the senate	49919
with primary responsibility for retirement legislation immediately	49920
upon its availability and not later than the first day of May	49921
following the year for which the valuation was made.	49922

(B) At such times as the school employees retirement board	49923
determines, and at least once in each quinquennial period, the	49924
board shall have prepared by or under the supervision of an	49925
actuary an actuarial investigation of the mortality, service, and	49926
other experience of the members, retirants, and beneficiaries of	49927
the retirement system, and SERS retirants and other system	49928
retirants as defined in section 3309.341 of the Revised Code to	49929
update the actuarial assumptions used in the actuarial valuation	49930
required by division (A) of this section. The actuary shall	49931
prepare a report of the actuarial investigation. The report shall	49932
be prepared and any recommended changes in actuarial assumptions	49933
shall be made in accordance with the actuarial standards of	49934
practice promulgated by the actuarial standards board of the	49935
American academy of actuaries. The report shall include all of the	49936
following:	49937

(1) A summary of relevant decrement and economic assumption	49938
experience observed over the period of the investigation;	49939

(2) Recommended changes in actuarial assumptions to be used	49940
in subsequent actuarial valuations required by division (A) of	49941
this section;	49942

(3) A measurement of the financial effect of the recommended	49943
changes in actuarial assumptions.	49944

The board shall submit the report to the Ohio retirement	49945
study council and the standing committees of the house of	49946
representatives and the senate with primary responsibility for	49947
retirement legislation not later than the first day of May	49948
following the last fiscal year of the period the report covers.	49949

(C) The board may at any time request the actuary to make any	49950
studies or actuarial valuations to determine the adequacy of the	49951
rates of contribution as provided by section 3309.49 of the	49952
Revised Code, and those rates may be adjusted by the board, as	49953
recommended by the actuary, effective as of the first of any year	49954
thereafter.	49955

(D) The board shall have prepared by or under the supervision	49956
of an actuary an actuarial analysis of any introduced legislation	49957
expected to have a measurable financial impact on the retirement	49958
system. The actuarial analysis shall be completed in accordance	49959
with the actuarial standards of practice promulgated by the	49960
actuarial standards board of the American academy of actuaries.	49961
The actuary shall prepare a report of the actuarial analysis,	49962
which shall include all of the following:	49963

(1) A summary of the statutory changes that are being	49964
evaluated;	49965

(2) A description of or reference to the actuarial	49966
assumptions and actuarial cost method used in the report;	49967

(3) A description of the participant group or groups included	49968
in the report;	49969

(4) A statement of the financial impact of the legislation,	49970
including the resulting increase, if any, in the employer normal	49971
cost percentage; the increase, if any, in actuarial accrued	49972
liabilities; and the per cent of payroll that would be required to	49973
amortize the increase in actuarial accrued liabilities as a level	49974
per cent of covered payroll for all active members over a period	49975
not to exceed thirty years;	49976

(5) A statement of whether the scheduled contributions to the	49977
system after the proposed change is enacted are expected to be	49978
sufficient to satisfy the funding objectives established by the	49979
board.	49980

Not later than sixty days from the date of introduction of	49981
the legislation, the board shall submit a copy of the actuarial	49982
analysis to the legislative service commission, the standing	49983
committees of the house of representatives and the senate with	49984
primary responsibility for retirement legislation, and the Ohio	49985
retirement study council.	49986

(E) The board shall have prepared annually a report giving a	49987
full accounting of the revenues and costs relating to the	49988
provision of benefits under sections 3309.375 and 3309.69 of the	49989
Revised Code. The report shall be made as of June 30, 1997, and	49990
the thirtieth day of June of each year thereafter. The report	49991
shall include the following:	49992

(1) A description of the statutory authority for the benefits	49993
provided;	49994

(2) A summary of the benefits;

49995

(3) A summary of the eligibility requirements for the	49996
benefits;	49997

(4) A statement of the number of participants eligible for	49998
the benefits;	49999

(5) A description of the accounting, asset valuation, and	50000
funding method used to provide the benefits;	50001

(6) A statement of the net assets available for the provision	50002
of the benefits as of the last day of the fiscal year;	50003

(7) A statement of any changes in the net assets available	50004
for the provision of benefits, including participant and employer	50005
contributions, net investment income, administrative expenses, and	50006
benefits provided to participants, as of the last day of the	50007
fiscal year;	50008

(8) For the last six consecutive fiscal years, a schedule of	50009
the net assets available for the benefits, the annual cost of	50010
benefits, administrative expenses incurred, and annual employer	50011
contributions allocated for the provision of benefits;	50012

(9) A description of any significant changes that affect the	50013
comparability of the report required under this division;	50014

(10) A statement of the amount paid under division (E) of	50015
section 3309.69 of the Revised Code.	50016

The board shall submit the report to the Ohio retirement	50017
study council, the director of budget and management, and the	50018
standing committees of the house of representatives and the senate	50019
with primary responsibility for retirement legislation immediately	50020
upon its availability and not later than the thirty-first day of	50021
December following the year for which the report was made.	50022

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	50023
Revised Code:	50024

(A) "Chartered nonpublic school" means a nonpublic school	50025
that holds a valid charter issued by the state board of education	50026
under section 3301.16 of the Revised Code and meets the standards	50027
established for such schools in rules adopted by the state board.	50028

(B) An "eligible student" is a student who satisfies the	50029
conditions specified in section 3310.03 or 3310.032 of the Revised	50030
Code.	50031

(C) "Parent" has the same meaning as in section 3313.98 of	50032
the Revised Code.	50033

(D) "Resident district" means the school district in which a	50034
student is entitled to attend school under section 3313.64 or	50035
3313.65 of the Revised Code.	50036

(E) "School year" has the same meaning as in section 3313.62	50037
of the Revised Code.	50038

Sec. 3310.02. (A) The educational choice scholarship pilot	50039
program is hereby established. Under the program, the department	50040
of education annually shall pay scholarships to attend chartered	50041
nonpublic schools in accordance with section 3310.08 of the	50042
Revised Code for up to the following number of eligible students:	50043

(1) Thirty thousand in the 2011-2012 school year;

50044

(2) Sixty thousand in the 2012-2013 school year and	50045
thereafter.	50046

(B) If the number of students who apply for a scholarship	50047
exceeds the number of scholarships available under division (A) of	50048
this section for the applicable school year, the department shall	50049
award scholarships in the following order of priority:	50050

(1) First, to eligible students who received scholarships in	50051
the prior school year;	50052

(2) Second, to eligible students with family incomes at or	50053
below two hundred per cent of the federal poverty guidelines, as	50054
defined in section 5101.46 of the Revised Code, who qualify under	50055
division (A) of section 3310.03 of the Revised Code. If the number	50056
of students described in division (B)(2) of this section who apply	50057
for a scholarship exceeds the number of available scholarships	50058
after awards are made under division (B)(1) of this section, the	50059
department shall select students described in division (B)(2) of	50060
this section by lot to receive any remaining scholarships.	50061

(3) Third, to other eligible students who qualify under	50062
division (A) of section 3310.03 of the Revised Code. If the number	50063
of students described in division (B)(3) of this section who apply	50064
for a scholarship exceeds the number of available scholarships	50065
after awards are made under divisions (B)(1) and (2) of this	50066
section, the department shall select students described in	50067
division (B)(3) of this section by lot to receive any remaining	50068
scholarships.	50069

(4) Fourth, to eligible students with family incomes at or	50070
below two hundred per cent of the federal poverty guidelines who	50071
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	50072
Code. If the number of students described in division (B)(4) of	50073
this section who apply for a scholarship exceeds the number of	50074
available scholarships after awards are made under divisions	50075
(B)(1) to (3) of this section, the department shall select	50076
students described in division (B)(4) of this section by lot to	50077
receive any remaining scholarships.	50078

(5) Fifth, to other eligible students who qualify under	50079
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	50080
number of students described in division (B)(5) of this section	50081
who apply for a scholarship exceeds the number of available	50082
scholarships after awards are made under divisions (B)(1) to (4)	50083
of this section, the department shall select students described in	50084
division (B)(5) of this section by lot to receive any remaining	50085
scholarships.	50086

(6) Sixth, to eligible students with family incomes at or	50087
below two hundred per cent of the federal poverty guidelines who	50088
qualify under division (B) of section 3310.03 of the Revised Code.	50089
If the number of students described in division (B)(6) of this	50090
section who apply for a scholarship exceeds the number of	50091
available scholarships after awards are made under divisions	50092
(B)(1) to (5) of this section, the department shall select	50093
students described in division (B)(6) of this section by lot to	50094
receive any remaining scholarships.	50095

(7) Seventh, to other eligible students who qualify under	50096
division (B) of section 3310.03 of the Revised Code. If the number	50097
of students described in division (B)(7) of this section who apply	50098
for a scholarship exceeds the number of available scholarships	50099
after awards are made under divisions (B)(1) to (6) of this	50100
section, the department shall select students described in	50101
division (B)(7) of this section by lot to receive any remaining	50102
scholarships.	50103

Sec. 3310.03. A student is an "eligible student" for	50104
purposes of the educational choice scholarship pilot program if	50105
the student's resident district is not a school district in which	50106
the pilot project scholarship program is operating under sections	50107
3313.974 to 3313.979 of the Revised Code and the student satisfies	50108
one of the conditions in division (A), (B), or (C), or (D) of this	50109
section:	50110

(A)(1) The student is enrolled in a school building operated	50111
by the student's resident district that, on the report card issued	50112
under section 3302.03 of the Revised Code published prior to the	50113
first day of July of the school year for which a scholarship is	50114
sought, did not receive a rating as described in division ~~(G)~~(H)	50115
of this section, and to which any or a combination of any of the	50116
following apply for two of the three most recent report cards	50117
published prior to the first day of July of the school year for	50118
which a scholarship is sought:	50119

(a) The building was declared to be in a state of academic	50120
emergency or academic watch under section 3302.03 of the Revised	50121
Code as that section existed prior to ~~the effective date of this~~	50122
~~amendment~~March 22, 2013.	50123

(b) The building received a grade of "D" or "F" for the	50124
performance index score under division (A)(1)(b) or (B)(1)(b) of	50125
section 3302.03 of the Revised Code and for the value-added	50126
progress dimension under division (A)(1)(e) or (B)(1)(e) of	50127
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	50128
school year, or both; or if the building serves only grades ten	50129
through twelve, the building received a grade of "D" or "F" for	50130
the performance index score under division (A)(1)(b) or (B)(1)(b)	50131
of section 3302.03 of the Revised Code and had a four-year	50132
adjusted cohort graduation rate of less than seventy-five per	50133
cent.	50134

(c) The building received an overall grade of "D" or "F"	50135
under division (C)(3) of section 3302.03 of the Revised Code or a	50136
grade of "F" for the value-added progress dimension under division	50137
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	50138
school year or any school year thereafter.	50139

(2) The student ~~is eligible to enroll in kindergarten~~will be	50140
enrolling in school in this state for the first time in the school	50141
year for which a scholarship is sought, will be at least five	50142
years of age by the first day of January of the school year for	50143
which a scholarship is sought, and otherwise would be assigned	50144
under section 3319.01 of the Revised Code in the school year for	50145
which a scholarship is sought, to a school building described in	50146
division (A)(1) of this section.	50147

(3) The student is enrolled in a community school established	50148
under Chapter 3314. of the Revised Code but otherwise would be	50149
assigned under section 3319.01 of the Revised Code to a building	50150
described in division (A)(1) of this section.	50151

(4) The student is enrolled in a school building operated by	50152
the student's resident district or in a community school	50153
established under Chapter 3314. of the Revised Code and otherwise	50154
would be assigned under section 3319.01 of the Revised Code to a	50155
school building described in division (A)(1) of this section in	50156
the school year for which the scholarship is sought.	50157

(5) The student ~~is eligible to enroll in kindergarten in~~will	50158
be both enrolling in school in this state for the first time and	50159
at least five years of age by the first day of January of the	50160
school year for which a scholarship is sought, or is enrolled in a	50161
community school established under Chapter 3314. of the Revised	50162
Code, and all of the following apply to the student's resident	50163
district:	50164

(a) The district has in force an intradistrict open	50165
enrollment policy under which no student in ~~kindergarten or~~ the	50166
~~community school~~ student's grade level~~, respectively,~~ is	50167
automatically assigned to a particular school building;	50168

(b) In the most recent rating published prior to the first	50169
day of July of the school year for which scholarship is sought,	50170
the district did not receive a rating described in division ~~(G)~~(H)	50171
of this section, and in at least two of the three most recent	50172
report cards published prior to the first day of July of that	50173
school year, any or a combination of the following apply to the	50174
district:	50175

(i) The district was declared to be in a state of academic	50176
emergency under section 3302.03 of the Revised Code as it existed	50177
prior to ~~the effective date of this amendment~~March 22, 2013.	50178

(ii) The district received a grade of "D" or "F" for the	50179
performance index score under division (A)(1)(b) or (B)(1)(b) of	50180
section 3302.03 of the Revised Code and for the value-added	50181
progress dimension under division (A)(1)(e) or (B)(1)(e) of	50182
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	50183
school year, or both.	50184

(c) The district received an overall grade of "D" or "F"	50185
under division (C)(3) of section 3302.03 of the Revised Code or a	50186
grade of "F" for the value-added progress dimension under division	50187
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	50188
school year or any school year thereafter.	50189

(B)(1) The student is enrolled in a school building operated	50190
by the student's resident district and to which both of the	50191
following apply:	50192

(a) The building was ranked, for at least two of the three	50193
most recent rankings published under section 3302.21 of the	50194
Revised Code prior to the first day of July of the school year for	50195
which a scholarship is sought, in the lowest ten per cent of all	50196
public school buildings according to performance index score under	50197
section 3302.21 of the Revised Code.	50198

(b) The building was not declared to be excellent or	50199
effective, or the equivalent of such ratings as determined by the	50200
department of education, under section 3302.03 of the Revised Code	50201
in the most recent rating published prior to the first day of July	50202
of the school year for which a scholarship is sought.	50203

(2) The student ~~is eligible to enroll in kindergarten~~will be	50204
enrolling in school in this state for the first time in the school	50205
year for which a scholarship is sought, will be at least five	50206
years of age, as defined in section 3321.01 of the Revised Code,	50207
by the first day of January of the school year for which a	50208
scholarship is sought, and otherwise would be assigned under	50209
section 3319.01 of the Revised Code in the school year for which a	50210
scholarship is sought, to a school building described in division	50211
(B)(1) of this section.	50212

(3) The student is enrolled in a community school established	50213
under Chapter 3314. of the Revised Code but otherwise would be	50214
assigned under section 3319.01 of the Revised Code to a building	50215
described in division (B)(1) of this section.	50216

(4) The student is enrolled in a school building operated by	50217
the student's resident district or in a community school	50218
established under Chapter 3314. of the Revised Code and otherwise	50219
would be assigned under section 3319.01 of the Revised Code to a	50220
school building described in division (B)(1) of this section in	50221
the school year for which the scholarship is sought.	50222

(C) The student is enrolled in a nonpublic school at the time	50223
the school is granted a charter by the state board of education	50224
under section 3301.16 of the Revised Code and the student meets	50225
the standards of division (B) of section 3310.031 of the Revised	50226
Code.	50227

(D) For the 2016-2017 school year and each school year	50228
thereafter, the student is in any of grades kindergarten through	50229
three, is enrolled in a school building that is operated by the	50230
student's resident district or will be enrolling in school in this	50231
state for the first time in the school year for which a	50232
scholarship is sought, and to which both of the following apply:	50233

(1) The building, in at least two of the three most recent	50234
ratings of school buildings published prior to the first day of	50235
July of the school year for which a scholarship is sought,	50236
received a grade of "D" or "F" for making progress in improving	50237
literacy in grades kindergarten through three under division	50238
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	50239

(2) The building did not receive a grade of "A" for making	50240
progress in improving literacy in grades kindergarten through	50241
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	50242
the Revised Code in the most recent rating published prior to the	50243
first day of July of the school year for which a scholarship is	50244
sought.	50245

(E) A student who receives a scholarship under the	50246
educational choice scholarship pilot program remains an eligible	50247
student and may continue to receive scholarships in subsequent	50248
school years until the student completes grade twelve, so long as	50249
all of the following apply:	50250

(1) The student's resident district remains the same, or the	50251
student transfers to a new resident district and otherwise would	50252
be assigned in the new resident district to a school building	50253
described in division (A)(1) or, (B)(1), or (D) of this section;	50254

(2) The student takes each assessment prescribed for the	50255
student's grade level under section 3301.0710 or 3301.0712 of the	50256
Revised Code while enrolled in a chartered nonpublic school;	50257

(3) In each school year that the student is enrolled in a	50258
chartered nonpublic school, the student is absent from school for	50259
not more than twenty days that the school is open for instruction,	50260
not including excused absences.	50261

~~(E)~~(F)(1) The department shall cease awarding first-time	50262
scholarships pursuant to divisions (A)(1) to (4) of this section	50263
with respect to a school building that, in the most recent ratings	50264
of school buildings published under section 3302.03 of the Revised	50265
Code prior to the first day of July of the school year, ceases to	50266
meet the criteria in division (A)(1) of this section. The	50267
department shall cease awarding first-time scholarships pursuant	50268
to division (A)(5) of this section with respect to a school	50269
district that, in the most recent ratings of school districts	50270
published under section 3302.03 of the Revised Code prior to the	50271
first day of July of the school year, ceases to meet the criteria	50272
in division (A)(5) of this section.	50273

(2) The department shall cease awarding first-time	50274
scholarships pursuant to divisions (B)(1) to (4) of this section	50275
with respect to a school building that, in the most recent ratings	50276
of school buildings under section 3302.03 of the Revised Code	50277
prior to the first day of July of the school year, ceases to meet	50278
the criteria in division (B)(1) of this section.	50279

(3) The department shall cease awarding first-time	50280
scholarships pursuant to division (D) of this section with respect	50281
to a school building that, in the most recent ratings of school	50282
buildings under section 3302.03 of the Revised Code prior to the	50283
first day of July of the school year, ceases to meet the criteria	50284
in division (D) of this section.	50285

(4) However, students who have received scholarships in the	50286
prior school year remain eligible students pursuant to division	50287
~~(D)~~(E) of this section.	50288

~~(F)~~(G) The state board of education shall adopt rules	50289
defining excused absences for purposes of division ~~(D)~~(E)(3) of	50290
this section.	50291

~~(G)~~(H)(1) A student who satisfies only the conditions	50292
prescribed in divisions (A)(1) to (4) of this section shall not be	50293
eligible for a scholarship if the student's resident building	50294
meets any of the following in the most recent rating under section	50295
3302.03 of the Revised Code published prior to the first day of	50296
July of the school year for which a scholarship is sought:	50297

(a) The building has an overall designation of excellent or	50298
effective under section 3302.03 of the Revised Code as it existed	50299
prior to ~~the effective date of this amendment~~March 22, 2013.	50300

(b) For the 2012-2013 or 2013-2014 school year or both, the	50301
building has a grade of "A" or "B" for the performance index score	50302
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	50303
Revised Code and for the value-added progress dimension under	50304
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	50305
Code; or if the building serves only grades ten through twelve,	50306
the building received a grade of "A" or "B" for the performance	50307
index score under division (A)(1)(b) or (B)(1)(b) of section	50308
3302.03 of the Revised Code and had a four-year adjusted cohort	50309
graduation rate of greater than or equal to seventy-five per cent.	50310

(c) For the 2014-2015 school year or any school year	50311
thereafter, the building has a grade of "A" or "B" under division	50312
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	50313
for the value-added progress dimension under division (C)(1)(e) of	50314
section 3302.03 of the Revised Code; or if the building serves	50315
only grades ten through twelve, the building received a grade of	50316
"A" or "B" for the performance index score under division	50317
(C)(1)(b) of section 3302.03 of the Revised Code and had a	50318
four-year adjusted cohort graduation rate of greater than or equal	50319
to seventy-five per cent.	50320

(2) A student who satisfies only the conditions prescribed in	50321
division (A)(5) of this section shall not be eligible for a	50322
scholarship if the student's resident district meets any of the	50323
following in the most recent rating under section 3302.03 of the	50324
Revised Code published prior to the first day of July of the	50325
school year for which a scholarship is sought:	50326

(a) The district has an overall designation of excellent or	50327
effective under section 3302.03 of the Revised Code as it existed	50328
prior to ~~the effective date of this amendment~~March 22, 2013.	50329

(b) The district has a grade of "A" or "B" for the	50330
performance index score under division (A)(1)(b) or (B)(1)(b) of	50331
section 3302.03 of the Revised Code and for the value-added	50332
progress dimension under division (A)(1)(e) or (B)(1)(e) of	50333
section 3302.03 of the Revised Code for the 2012-2013 and	50334
2013-2014 school years.	50335

(c) The district has an overall grade of "A" or "B" under	50336
division (C)(3) of section 3302.03 of the Revised Code and a grade	50337
of "A" for the value-added progress dimension under division	50338
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	50339
school year or any school year thereafter.	50340

Sec. 3310.032. (A) A student is an "eligible student" for	50341
purposes of the expansion of the educational choice scholarship	50342
pilot program under this section if the student's resident	50343
district is not a school district in which the pilot project	50344
scholarship program is operating under sections 3313.974 to	50345
3313.979 of the Revised Code, the student is not eligible for an	50346
educational choice scholarship under section 3310.03 of the	50347
Revised Code, and the student's family income is at or below two	50348
hundred per cent of the federal poverty guidelines, as defined in	50349
section 5101.46 of the Revised Code.	50350

(B) In each fiscal year for which the general assembly	50351
appropriates funds for purposes of this section, the department of	50352
education shall pay scholarships to attend chartered nonpublic	50353
schools in accordance with section 3310.08 of the Revised Code.	50354
The number of scholarships awarded under this section shall not	50355
exceed the number that can be funded with appropriations made by	50356
the general assembly for this purpose.	50357

(C) Scholarships under this section shall be awarded as	50358
follows:	50359

(1) For the 2013-2014 school year, to eligible students who	50360
are entering kindergarten in that school year for the first time;	50361

(2) For each subsequent school year, scholarships shall be	50362
awarded to eligible students in the next grade level above the	50363
highest grade level awarded in the preceding school year, in	50364
addition to the grade levels for which students received	50365
scholarships in the preceding school year.	50366

(D) If the number of eligible students who apply for a	50367
scholarship under this section exceeds the scholarships available	50368
based on the appropriation for this section, the department shall	50369
award scholarships in the following order of priority:	50370

(1) First, to eligible students who received scholarships	50371
under this section in the prior school year;	50372

(2) Second, to eligible students with family incomes at or	50373
below one hundred per cent of the federal poverty guidelines. If	50374
the number of students described in division (D)(2) of this	50375
section who apply for a scholarship exceeds the number of	50376
available scholarships after awards are made under division (D)(1)	50377
of this section, the department shall select students described in	50378
division (D)(2) of this section by lot to receive any remaining	50379
scholarships.	50380

(3) Third, to other eligible students who qualify under this	50381
section. If the number of students described in division (D)(3) of	50382
this section exceeds the number of available scholarships after	50383
awards are made under divisions (D)(1) and (2) of this section,	50384
the department shall select students described in division (D)(3)	50385
of this section by lot to receive any remaining scholarships.	50386

(E) Subject to divisions (E)(1) to (3) of this section, a	50387
student who receives a scholarship under this section remains an	50388
eligible student and may continue to receive scholarships under	50389
this section in subsequent school years until the student	50390
completes grade twelve, so long as the student satisfies the	50391
conditions specified in divisions (E)(2) and (3) of section	50392
3310.03 of the Revised Code.	50393

Once a scholarship is awarded under this section, the student	50394
shall remain eligible for that scholarship for the current school	50395
year and subsequent school years even if the student's family	50396
income rises above the amount specified in division (A) of this	50397
section, provided the student remains enrolled in a chartered	50398
nonpublic school, however:	50399

(1) If the student's family income is above two hundred per	50400
cent but at or below three hundred per cent of the federal poverty	50401
guidelines, the student shall receive a scholarship in the amount	50402
of seventy-five per cent of the full scholarship amount.	50403

(2) If the student's family income is above three hundred per	50404
cent but at or below four hundred per cent of the federal poverty	50405
guidelines, the student shall receive a scholarship in the amount	50406
of fifty per cent of the full scholarship amount.	50407

(3) If the student's family income is above four hundred per	50408
cent of the federal poverty guidelines, the student is no longer	50409
eligible to receive an educational choice scholarship.	50410

Sec. 3310.035. (A) A student who is eligible for an	50411
educational choice scholarship under both sections 3310.03 and	50412
3310.032 of the Revised Code, and applies for a scholarship for	50413
the first time after the effective date of this section shall	50414
receive a scholarship under section 3310.03 of the Revised Code.	50415

(B) A student who is eligible under both sections 3310.03 and	50416
3310.032 of the Revised Code and received a scholarship in the	50417
previous school year shall continue to receive the scholarship	50418
under the section from which the student received the scholarship	50419
in the previous school year, so long as:	50420

(1) The number of students who apply for a scholarship does	50421
not exceed the number of scholarships available under division (A)	50422
of section 3310.02 of the Revised Code.	50423

(2) A student who receives a scholarship under section	50424
3310.03 of the Revised Code satisfies with the conditions	50425
specified in divisions (E)(1) to (3) of that section, and a	50426
student who receives a scholarship under section 3310.032	50427
satisfies with the conditions specified in divisions (E)(2) and	50428
(3) of section 3310.03 of the Revised Code.	50429

Sec. 3310.05. A scholarship under the educational choice	50430
scholarship pilot program is not available for any student whose	50431
resident district is a school district in which the pilot project	50432
scholarship program is operating under sections 3313.974 to	50433
3313.979 of the Revised Code. The two pilot programs are separate	50434
and distinct, with differing eligibility criteria. The pilot	50435
project scholarship program operating under sections 3313.974 to	50436
3313.979 of the Revised Code is a district-wide program that may	50437
award scholarships to students who do not attend district schools	50438
that face academic challenges, whereas the educational choice	50439
scholarship pilot program established under sections 3310.01 to	50440
3310.17 of the Revised Code is limited to students of individual	50441
district school buildings that face academic challenges and to	50442
students from low-income families.	50443

Sec. 3310.06. It is the policy adopted by the general	50444
assembly that the educational choice scholarship pilot program	50445
shall be construed as one of several educational options available	50446
for students enrolled in persistently low-performing school	50447
buildings or for students from low-income families. Students may	50448
be enrolled in the schools of the student's resident district, in	50449
a community school established under Chapter 3314. of the Revised	50450
Code, in the schools of another school district pursuant to an	50451
open enrollment policy adopted under section 3313.98 of the	50452
Revised Code, in a chartered nonpublic school with or without a	50453
scholarship under the educational choice scholarship pilot	50454
program, or in other schools as the law may provide.	50455

Sec. 3310.08. (A) The amount paid for an eligible student	50456
under the educational choice scholarship pilot program shall be	50457
the lesser of the tuition of the chartered nonpublic school in	50458
which the student is enrolled or the maximum amount prescribed in	50459
section 3310.09 of the Revised Code.	50460

(B)(1) The department of education shall pay to the parent of	50461
each eligible student for whom a scholarship is awarded under the	50462
program, or to the student if at least eighteen years of age,	50463
periodic partial payments of the scholarship.	50464

(2) The department shall proportionately reduce or terminate	50465
the payments for any student who withdraws from a chartered	50466
nonpublic school prior to the end of the school year.	50467

(C)(1) The department shall deduct from the payments made to	50468
each school district under Chapter 3317., and if necessary,	50469
sections 321.24 and 323.156 of the Revised Code, the amount paid	50470
under division (B) of this section for each eligible student	50471
~~awarded~~who qualifies for a scholarship under ~~the program~~section	50472
3310.03 of the Revised Code and who is entitled under section	50473
3313.64 or 3313.65 of the Revised Code to attend school in the	50474
district. In the case of a student entitled to attend school in a	50475
school district under division (B)(2)(a) of section 3313.64 or	50476
division (C) of section 3313.65 of the Revised Code, the	50477
department shall deduct the payments from the school district that	50478
includes the student in its average daily membership as reported	50479
to the department under section 3317.03 of the Revised Code, as	50480
determined by the department.	50481

(2) If the department reduces or terminates payments to a	50482
parent or a student, as prescribed in division (B)(2) of this	50483
section, and the student enrolls in the schools of the student's	50484
resident district or in a community school, established under	50485
Chapter 3314. of the Revised Code, before the end of the school	50486
year, the department shall proportionally restore to the resident	50487
district the amount deducted for that student under division	50488
(C)(1) of this section.	50489

Sec. 3310.13. (A) No chartered nonpublic school shall charge	50490
any student whose family income is at or below two hundred per	50491
cent of the federal poverty guidelines, as defined in section	50492
5101.46 of the Revised Code, a tuition fee that is greater than	50493
the total amount paid for that student under section 3310.08 of	50494
the Revised Code.	50495

(B) A chartered nonpublic school may charge any other student	50496
who is paid a scholarship under that section the difference	50497
between the amount of the scholarship and the regular tuition	50498
charge of the school. ~~Each chartered nonpublic school shall permit~~	50499
~~such an eligible student's family, at the family's option, to~~	50500
~~provide volunteer services in lieu of cash payment to pay all or~~	50501
~~part of the amount of the school's tuition not covered by the~~	50502
~~scholarship paid under section 3310.08 of the Revised Code.~~	50503

Sec. 3310.14. ~~Notwithstanding division (K) of section~~	50504
~~3301.0711 of the Revised Code, each~~Each chartered nonpublic	50505
school that is not subject to division (K)(1)(a) of section	50506
3301.0711 of the Revised Code and enrolls students awarded	50507
scholarships under sections 3310.01 to 3310.17 of the Revised Code	50508
annually shall administer the assessments prescribed by section	50509
3301.0710 or 3301.0712 of the Revised Code to each scholarship	50510
student enrolled in the school in accordance with section	50511
3301.0711 of the Revised Code. Each chartered nonpublic school	50512
that is subject to this section shall report to the department of	50513
education the results of each assessment administered to each	50514
scholarship student under this section.	50515

Nothing in this section requires a chartered nonpublic school	50516
to administer any achievement assessment, except for an Ohio	50517
graduation test prescribed by division (B)(1) of section 3301.0710	50518
of the Revised Code, as required by section 3313.612 of the	50519
Revised Code, to any student enrolled in the school who is not a	50520
scholarship student.	50521

Sec. 3310.522. In order to maintain eligibility for a	50522
scholarship under the program, a student shall take each	50523
assessment prescribed by sections 3301.0710 and 3301.0712 of the	50524
Revised Code, unless the student is excused from taking that	50525
assessment under federal law or the student's individualized	50526
education program.	50527

~~Notwithstanding division (K) of section 3301.0711 of the~~	50528
~~Revised Code, each~~Each registered private provider that is not	50529
subject to division (K)(1)(a) of section 3301.0711 of the Revised	50530
Code and enrolls a student who is awarded a scholarship under this	50531
section shall administer each assessment prescribed by sections	50532
3301.0710 and 3301.0712 of the Revised Code to that student,	50533
unless the student is excused from taking that assessment, and	50534
shall report to the department the results of each assessment so	50535
administered.	50536

Nothing in this section requires any chartered nonpublic	50537
school that is a registered private provider to administer any	50538
achievement assessment, except for an Ohio graduation test	50539
prescribed by division (B)(1) of section 3301.0710 of the Revised	50540
Code, as required by section 3313.612 of the Revised Code, to any	50541
student enrolled in the school who is not a scholarship student.	50542

Sec. 3310.56. (A) The amount of the scholarship awarded and	50543
paid to an eligible applicant for services for a qualified special	50544
education child under the Jon Peterson special needs scholarship	50545
program in each school year shall be the least of the amounts	50546
prescribed in divisions (A)(1), (2), orand (3) of this section,	50547
as follows:	50548

(1) The amount of fees charged for that school year by the	50549
alternative public provider or registered private provider;	50550

(2) The sum of the amounts calculated under divisions	50551
(A)(2)(a) and (b) of this section:	50552

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	50553
~~of the base funding supplements specified in divisions (C)(1) to~~	50554
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	50555

(b) An amount ~~equal to $5,732 times the following multiple~~	50556
prescribed for the child's disability as follows:	50557

(i) For a student in category one, ~~0.2892~~the amount	50558
specified in division (A) of section 3317.013 of the Revised Code;	50559

(ii) For a student in category two, ~~0.3691~~the amount	50560
specified in division (B) of section 3317.013 of the Revised Code;	50561

(iii) For a student in category three, ~~1.7695~~the amount	50562
specified in division (C) of section 3317.013 of the Revised Code;	50563

(iv) For a student in category four, ~~2.3646~~the amount	50564
specified in division (D) of section 3317.013 of the Revised Code;	50565

(v) For a student in category five, ~~3.1129~~the amount	50566
specified in division (E) of section 3317.013 of the Revised Code;	50567

(vi) For a student in category six, ~~4.7342~~the amount	50568
specified in division (F) of section 3317.013 of the Revised Code.	50569

~~Before applying the multiples specified in divisions~~	50570
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	50571
~~by multiplying them by 0.90.~~	50572

(3) Twenty thousand dollars.

50573

(B) As used in division (A)(2)(b) of this section, a child	50574
with a disability is in:	50575

(1) "Category one" if the ~~child's primary or only identified~~	50576
~~disability is a speech and language disability, as this term is~~	50577
~~defined pursuant to Chapter 3323.~~child is receiving special	50578
education services for a disability specified in division (A) of	50579
section 3317.013 of the Revised Code;	50580

(2) "Category two" if the child is ~~identified as specific~~	50581
~~learning disabled or developmentally disabled, as these terms are~~	50582
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	50583
~~having an other health impairment-minor, as defined in section~~	50584
~~3317.02~~receiving special education services for a disability	50585
specified in division (B) of section 3317.013 of the Revised Code;	50586

(3) "Category three" if the child is ~~identified as vision~~	50587
~~impaired, hearing disabled, or severe behavior disabled, as these~~	50588
~~terms are defined pursuant to Chapter 3323.~~receiving special	50589
education services for a disability specified in division (C) of	50590
section 3317.013 of the Revised Code;	50591

(4) "Category four" if the child is ~~identified as~~	50592
~~orthopedically disabled, as this term is defined pursuant to~~	50593
~~Chapter 3323. of the Revised Code, or as having an other health~~	50594
~~impairment-major, as defined in section 3317.02~~receiving special	50595
education services for a disability specified in division (D) of	50596
section 3317.013 of the Revised Code;	50597

(5) "Category five" if the child is ~~identified as having~~	50598
~~multiple disabilities, as this term is defined pursuant to Chapter~~	50599
~~3323.~~receiving special education services for a disability	50600
specified in division (E) of section 3317.013 of the Revised Code;	50601

(6) "Category six" if the child is ~~identified as autistic,~~	50602
~~having traumatic brain injuries, or both visually and hearing~~	50603
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	50604
receiving special education services for a disability specified in	50605
division (F) of section 3317.013 of the Revised Code.	50606

Sec. 3311.0510. (A) If all of the client school districts of	50607
an educational service center have terminated their agreements	50608
with the service center under division (D) of section 3313.843 of	50609
the Revised Code, upon the latest effective date of the	50610
terminations, the governing board of that service center shall be	50611
abolished and such service center shall be dissolved by order of	50612
the superintendent of public instruction. The superintendent's	50613
order shall provide for the equitable division and disposition of	50614
the assets, property, debts, and obligations of the service center	50615
among the school districts that were client school districts of	50616
the service center for the service center's last fiscal year of	50617
operation. The superintendent's order shall provide that the tax	50618
duplicate of each of those school districts shall be bound for and	50619
assume the district's equitable share of the outstanding	50620
indebtedness of the service center. The superintendent's order is	50621
final and is not appealable.	50622

Immediately upon the abolishment of the service center	50623
governing board pursuant to this section, the superintendent of	50624
public instruction shall appoint a qualified individual to	50625
administer the dissolution of the service center and to implement	50626
the terms of the superintendent's dissolution order.	50627

Prior to distributing assets to any school district under	50628
this section, but after paying in full other debts and obligations	50629
of the service center under this section, the superintendent of	50630
public instruction may assess against the remaining assets of the	50631
service center the amount of the costs incurred by the department	50632
of education in performing the superintendent's duties under this	50633
division, including the fees, if any, owed to the individual	50634
appointed to administer the superintendent's dissolution order.	50635
Any excess cost incurred by the department under this division	50636
shall be divided equitably among the school districts that were	50637
client school districts of the service center for the service	50638
center's last fiscal year of operation. Each district's share of	50639
that excess cost shall be bound against the tax duplicate of that	50640
district.	50641

(B) A final audit of the former service center shall be	50642
performed in accordance with procedures established by the auditor	50643
of state.	50644

(C) The public records of an educational service center that	50645
is dissolved under this section shall be transferred in accordance	50646
with this division. Public records maintained by the service	50647
center in connection with services provided by the service center	50648
to local school districts of which the territory of the service	50649
center is or previously was made up shall be transferred to each	50650
of the respective local school districts. Public records	50651
maintained by the service center in connection with services	50652
provided to client school districts shall be transferred to each	50653
of the respective client school districts. All other public	50654
records maintained by the service center at the time the service	50655
center ceases operations shall be transferred to the Ohio	50656
historical society for analysis and disposition by the society in	50657
its capacity as archives administrator for the state and its	50658
political subdivisions pursuant to division (C) of section 149.30	50659
and section 149.31 of the Revised Code.	50660

(D) As used in this section, "client school district" ~~has the~~	50661
~~same meaning as in section 3317.11 of the Revised Code~~means a	50662
city, exempted village, or local school district that has entered	50663
into an agreement under section 3313.843 or 3313.845 of the	50664
Revised Code to receive any services from an educational service	50665
center.	50666

Sec. 3311.19. (A) The management and control of a joint	50667
vocational school district shall be vested in the joint vocational	50668
school district board of education~~. Where a joint vocational~~	50669
~~school district is composed only of two or more local school~~	50670
~~districts located in one county, or when all the participating~~	50671
~~districts are in one county and the boards of such participating~~	50672
~~districts so choose, the educational service center governing~~	50673
~~board of the county in which the joint vocational school district~~	50674
~~is located shall serve as the joint vocational school district~~	50675
~~board of education. Where a joint vocational school district is~~	50676
~~composed of local school districts of more than one county, or of~~	50677
~~any combination of city, local, or exempted village school~~	50678
~~districts or educational service centers, unless administration by~~	50679
~~the educational service center governing board has been chosen by~~	50680
~~all the participating districts in one county pursuant to this~~	50681
~~section, the board of education of the joint vocational school~~	50682
~~district shall be composed of one or more persons who are members~~	50683
~~of the boards of education from each of the city or exempted~~	50684
~~village school districts or members of the educational service~~	50685
~~centers' governing boards affected to be appointed by the boards~~	50686
~~of education or governing boards of such school districts and~~	50687
~~educational service centers. In such joint vocational school~~	50688
~~districts the number and terms of members of the joint vocational~~	50689
~~school district board of education and the allocation of a given~~	50690
~~number of members to each of the city and exempted village~~	50691
~~districts and educational service centers shall be determined in~~	50692
~~the plan for such district, provided that each such joint~~	50693
~~vocational school district board of education shall be composed of~~	50694
~~an odd number of members.~~	50695

~~(B) Notwithstanding division (A) of this section, a governing~~	50696
~~board of an educational service center that has members of its~~	50697
~~governing board serving on a joint vocational school district~~	50698
~~board of education may make a request to the joint vocational~~	50699
~~district board that the joint vocational school district plan be~~	50700
~~revised to provide for one or more members of boards of education~~	50701
~~of local school districts that are within the territory of the~~	50702
~~educational service district and within the joint vocational~~	50703
~~school district to serve in the place of or in addition to its~~	50704
~~educational service center governing board members. If agreement~~	50705
~~is obtained among a majority of the boards of education and~~	50706
~~governing boards that have a member serving on the joint~~	50707
~~vocational school district board of education and among a majority~~	50708
~~of the local school district boards of education included in the~~	50709
~~district and located within the territory of the educational~~	50710
~~service center whose board requests the substitution or addition,~~	50711
~~the state board of education may revise the joint vocational~~	50712
~~school district plan to conform with such agreement.~~	50713

~~(C) If the board of education of any school district or~~	50714
~~educational service center governing board included within a joint~~	50715
~~vocational district that has had its board or governing board~~	50716
~~membership revised under division (B) of this section requests the~~	50717
~~joint vocational school district board to submit to the state~~	50718
~~board of education a revised plan under which one or more joint~~	50719
~~vocational board members chosen in accordance with a plan revised~~	50720
~~under such division would again be chosen in the manner prescribed~~	50721
~~by division (A) of this section, the joint vocational board shall~~	50722
~~submit the revised plan to the state board of education, provided~~	50723
~~the plan is agreed to by a majority of the boards of education~~	50724
~~represented on the joint vocational board, a majority of the local~~	50725
~~school district boards included within the joint vocational~~	50726
~~district, and each educational service center governing board~~	50727
~~affected by such plan. The state board of education may revise the~~	50728
~~joint vocational school district plan to conform with the revised~~	50729
~~plan.~~which, beginning on the effective date of this amendment,	50730
shall be appointed under division (C) of this section. Beginning	50731
on the effective date of this amendment, no board member shall be	50732
appointed in the manner formerly provided by this section, as it	50733
existed prior to the effective date of this amendment.	50734

All members of a joint vocational school district board	50735
serving unexpired terms on the effective date of this amendment	50736
may continue in office until the expiration of their terms. If a	50737
member leaves office for any reason prior to the expiration of	50738
that member's term, the vacancy shall be filled only in the manner	50739
provided in division (C) of this section.	50740

(B) Members of the joint vocational school district board	50741
appointed on or after the effective date of this amendment shall	50742
serve for three year terms of office. No member shall hold office	50743
for a period of longer than two consecutive terms. Terms shall be	50744
considered consecutive unless separated by three or more years.	50745

Members of the board shall be selected based on the diversity	50746
of the employers from the geographical region of the state in	50747
which the territory of the joint vocational school district is	50748
located represented by the members. A majority of the members of	50749
the board shall reside in or be employed within the territory of	50750
the joint vocational school district board upon which the member	50751
serves.	50752

(C) The board of education of each city, exempted village, or	50753
local school district or educational service center that belongs	50754
to the joint vocational school district shall appoint one member	50755
to the joint vocational school district board; however, that	50756
individual shall not be a member of an appointing school district	50757
or service center board. The total number of members appointed to	50758
the joint vocational school district board shall be equal to the	50759
number of members on the joint vocational school district's board	50760
prior to the effective date of this amendment.	50761

Initial appointments under this section shall be made as the	50762
terms of members of each joint vocational school district board	50763
who are serving unexpired terms on the effective date of this	50764
amendment expire or as those offices are otherwise vacated prior	50765
to the expiration date. The appointing district boards shall	50766
continue to replace members in such a way that, by the time all	50767
terms of members serving on the effective date of this amendment	50768
have expired or their offices have been vacated prior to	50769
expiration of the term of office, the joint vocational school	50770
district board consists of one member appointed by the board of	50771
each school district belonging to the joint vocational school	50772
district. Thereafter, appointments shall be made by a district	50773
board as terms expire or are otherwise vacated.	50774

Appointing boards may also appoint students of the district	50775
to serve as additional members of the board, but student members	50776
shall be nonvoting members.	50777

Members of the joint vocational board shall have experience	50778
as chief financial officers, chief executive officers, human	50779
resources managers, or other business and industry professionals	50780
who are qualified to discuss the labor needs of the region with	50781
respect to the regional economy. The appointing board shall	50782
appoint members who represent employers in the region served by	50783
the joint vocational school district who are qualified to consider	50784
a region's workforce needs with an understanding of the skills,	50785
training, and education needed for current and future employment	50786
needs in the region.	50787

(D) The vocational schools in ~~such~~the joint vocational	50788
school district shall be available to all youth of school age	50789
within the joint vocational school district subject to the rules	50790
adopted by the joint vocational school district board of education	50791
in regard to the standards requisite to admission. A joint	50792
vocational school district board of education shall have the same	50793
powers, duties, and authority for the management and operation of	50794
such joint vocational school district as is granted by law, except	50795
by this chapter and Chapters 124., 3317., 3323., and 3331. of the	50796
Revised Code, to a board of education of a city school district,	50797
and shall be subject to all the provisions of law that apply to a	50798
city school district, except such provisions in this chapter and	50799
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	50800

(E) ~~Where a governing board of an educational service center~~	50801
~~has been designated to serve as the joint vocational school~~	50802
~~district board of education, the educational service center~~	50803
~~superintendent shall be the executive officer for the joint~~	50804
~~vocational school district, and the governing board may provide~~	50805
~~for additional compensation to be paid to the educational service~~	50806
~~center superintendent by the joint vocational school district, but~~	50807
~~the educational service center superintendent shall have no~~	50808
~~continuing tenure other than that of educational service center~~	50809
~~superintendent.~~ The superintendent of schools of a joint	50810
vocational school district shall exercise the duties and authority	50811
vested by law in a superintendent of schools pertaining to the	50812
operation of a school district and the employment and supervision	50813
of its personnel. The joint vocational school district board of	50814
education shall appoint a treasurer of the joint vocational school	50815
district who shall be the fiscal officer for such district and who	50816
shall have all the powers, duties, and authority vested by law in	50817
a treasurer of a board of education. ~~Where a governing board of an~~	50818
~~educational service center has been designated to serve as the~~	50819
~~joint vocational school district board of education, such board~~	50820
~~may appoint the educational service center superintendent as the~~	50821
~~treasurer of the joint vocational school district.~~	50822

(F) Each member of a joint vocational school district board	50823
of education may be paid such compensation as the board provides	50824
by resolution, but it shall not exceed one hundred twenty-five	50825
dollars per member for each meeting attended plus mileage, at the	50826
rate per mile provided by resolution of the board, to and from	50827
meetings of the board.	50828

The board may provide by resolution for the deduction of	50829
amounts payable for benefits under section 3313.202 of the Revised	50830
Code.	50831

Each member of a joint vocational school district board may	50832
be paid such compensation as the board provides by resolution for	50833
attendance at an approved training program, provided that such	50834
compensation shall not exceed sixty dollars per day for attendance	50835
at a training program three hours or fewer in length and one	50836
hundred twenty-five dollars a day for attendance at a training	50837
program longer than three hours in length. However, no board	50838
member shall be compensated for the same training program under	50839
this section and section 3313.12 of the Revised Code.	50840

Sec. 3311.22. A governing board of an educational service	50841
center may propose, by resolution adopted by majority vote of its	50842
full membership, or qualified electors of the area affected equal	50843
in number to at least fifty-five per cent of the qualified	50844
electors voting at the last general election residing within that	50845
portion of a school district, or districts proposed to be	50846
transferred may propose, by petition, the transfer of a part or	50847
all of one or more local school districts to another local school	50848
district or districts within the territory of the educational	50849
service center. Such transfers may be made only to local school	50850
districts adjoining the school district that is proposed to be	50851
transferred, unless the board of education of the district	50852
proposed to be transferred has entered into an agreement pursuant	50853
to section 3313.42 of the Revised Code, in which case such	50854
transfers may be made to any local school district within the	50855
territory of the educational service center.	50856

When a governing board of an educational service center	50857
adopts a resolution proposing a transfer of school territory it	50858
shall forthwith file a copy of such resolution, together with an	50859
accurate map of the territory described in the resolution, with	50860
the board of education of each school district whose boundaries	50861
would be altered by such proposal. A governing board of an	50862
educational service center proposing a transfer of territory under	50863
the provisions of this section shall at its next regular meeting	50864
that occurs not earlier than thirty days after the adoption by the	50865
governing board of a resolution proposing such transfer, adopt a	50866
resolution making the transfer effective at any time prior to the	50867
next succeeding first day of July, unless, prior to the expiration	50868
of such thirty-day period, qualified electors residing in the area	50869
proposed to be transferred, equal in number to a majority of the	50870
qualified electors voting at the last general election, file a	50871
petition of referendum against such transfer.	50872

Any petition of transfer or petition of referendum filed	50873
under the provisions of this section shall be filed at the office	50874
of the educational service center superintendent. The person	50875
presenting the petition shall be given a receipt containing	50876
thereon the time of day, the date, and the purpose of the	50877
petition.	50878

The educational service center superintendent shall cause the	50879
board of elections to check the sufficiency of signatures on any	50880
petition of transfer or petition of referendum filed under this	50881
section and, if found to be sufficient, the superintendent shall	50882
present the petition to the educational service center governing	50883
board at a meeting of the board which shall occur not later than	50884
thirty days following the filing of the petition.	50885

Upon presentation to the educational service center governing	50886
board of a proposal to transfer territory as requested by petition	50887
of fifty-five per cent of the qualified electors voting at the	50888
last general election or a petition of referendum against a	50889
proposal of the county board to transfer territory, the governing	50890
board shall promptly certify the proposal to the board of	50891
elections for the purpose of having the proposal placed on the	50892
ballot at the next general or primary election which occurs not	50893
less than ninety days after the date of such certification, or at	50894
a special election, the date of which shall be specified in the	50895
certification, which date shall not be less than ninety days after	50896
the date of such certification. Signatures on a petition of	50897
transfer or petition of referendum may be withdrawn up to and	50898
including the above mentioned meeting of the educational service	50899
center governing board only by order of the board upon testimony	50900
of the petitioner concerned under oath before the board that the	50901
petitioner's signature was obtained by fraud, duress, or	50902
misrepresentation.	50903

If a petition is filed with the educational service center	50904
governing board which proposes the transfer of a part or all of	50905
the territory included in a resolution of transfer previously	50906
adopted by the educational service center governing board, no	50907
action shall be taken on such petition if within the thirty-day	50908
period after the adoption of the resolution of transfer a	50909
referendum petition is filed. After the election, if the proposed	50910
transfer fails to receive a majority vote, action on such petition	50911
shall then be processed under this section as though originally	50912
filed under the provisions hereof. If no referendum petition is	50913
filed within the thirty-day period after the adoption of the	50914
resolution of transfer, no action shall be taken on such petition.	50915

If a petition is filed with the educational service center	50916
governing board which proposes the transfer of a part or all of	50917
the territory included in a petition previously filed by electors	50918
no action shall be taken on such new petition.	50919

Upon certification of a proposal to the board or boards of	50920
elections pursuant to this section, the board or boards of	50921
elections shall make the necessary arrangements for the submission	50922
of such question to the electors of the county or counties	50923
qualified to vote thereon, and the election shall be conducted and	50924
canvassed and the results shall be certified in the same manner as	50925
in regular elections for the election of members of a board of	50926
education.	50927

The persons qualified to vote upon a proposal are the	50928
electors residing in the district or districts containing	50929
territory that is proposed to be transferred. If the proposed	50930
transfer be approved by at least a majority of the electors voting	50931
on the proposal, the educational service center governing board	50932
shall make such transfer at any time prior to the next succeeding	50933
first day of July. If the proposed transfer is not approved by at	50934
least a majority of the electors voting on the proposal, the	50935
question of transferring any property included in the territory	50936
covered by the proposal shall not be submitted to electors at any	50937
election prior to the first general election the date of which is	50938
at least two years after the date of the original election, or the	50939
first primary election held in an even-numbered year the date of	50940
which is at least two years after the date of the original	50941
election. A transfer shall be subject to the approval of the	50942
receiving board or boards of education, unless the proposal was	50943
initiated by the educational service center governing board, in	50944
which case, if the transfer is opposed by the board of education	50945
offered the territory, the local board may, within thirty days,	50946
following the receipt of the notice of transfer, appeal to the	50947
state board of education which shall then either approve or	50948
disapprove the transfer.	50949

Following an election upon a proposed transfer initiated by a	50950
petition the board of education that is offered territory shall,	50951
within thirty days following receipt of the proposal, either	50952
accept or reject the transfer.	50953

When an entire school district is proposed to be transferred	50954
to two or more school districts and the offer is rejected by any	50955
one of the receiving boards of education, none of the territory	50956
included in the proposal shall be transferred.	50957

Upon the acceptance of territory by the receiving board or	50958
boards of education the educational service center governing board	50959
offering the territory shall file with the county auditor and with	50960
the state board of education an accurate map showing the	50961
boundaries of the territory transferred.	50962

Upon the making of such transfer, the net indebtedness of the	50963
former district from which territory was transferred shall be	50964
apportioned between the acquiring school district and that portion	50965
of the former school district remaining after the transfer in the	50966
ratio which the assessed valuation of the territory transferred to	50967
the acquiring school district bears to the assessed valuation of	50968
the original school district as of the effective date of the	50969
transfer. As used in this section "net indebtedness" means the	50970
difference between the par value of the outstanding and unpaid	50971
bonds and notes of the school district and the amount held in the	50972
sinking fund and other indebtedness retirement funds for their	50973
redemption.	50974

~~If an entire district is transferred, any indebtedness of the~~	50975
~~former district incurred as a result of a loan made under section~~	50976
~~3317.64 of the Revised Code is hereby canceled and such~~	50977
~~indebtedness shall not be apportioned among any districts~~	50978
~~acquiring the territory.~~	50979

Upon the making of any transfer under this section, the funds	50980
of the district from which territory was transferred shall be	50981
divided equitably by the educational service center governing	50982
board between the acquiring district and any part of the original	50983
district remaining after the transfer.	50984

If an entire district is transferred the board of education	50985
of such district is thereby abolished or if a member of the board	50986
of education lives in that part of a school district transferred	50987
the member becomes a nonresident of the school district from which	50988
the territory was transferred and such member ceases to be a	50989
member of the board of education of such district.	50990

The legal title of all property of the board of education in	50991
the territory transferred shall become vested in the board of	50992
education of the school district to which such territory is	50993
transferred.	50994

Subsequent to June 30, 1959, if an entire district is	50995
transferred, foundation program moneys accruing to a district	50996
accepting school territory under the provisions of this section or	50997
former section 3311.22 of the Revised Code, shall not be less, in	50998
any year during the next succeeding three years following the	50999
transfer, than the sum of the amounts received by the districts	51000
separately in the year in which the transfer was consummated.	51001

Sec. 3311.231. A governing board of an educational service	51002
center may propose, by resolution adopted by majority vote of its	51003
full membership, or qualified electors of the area affected equal	51004
in number to not less than fifty-five per cent of the qualified	51005
electors voting at the last general election residing within that	51006
portion of a school district proposed to be transferred may	51007
propose, by petition, the transfer of a part or all of one or more	51008
local school districts within the territory of the center to an	51009
adjoining educational service center or to an adjoining city or	51010
exempted village school district.	51011

A governing board of an educational service center adopting a	51012
resolution proposing a transfer of school territory under this	51013
section shall file a copy of such resolution together with an	51014
accurate map of the territory described in the resolution, with	51015
the board of education of each school district whose boundaries	51016
would be altered by such proposal. Where a transfer of territory	51017
is proposed by a governing board of an educational service center	51018
under this section, the governing board shall, at its next regular	51019
meeting that occurs not earlier than the thirtieth day after the	51020
adoption by the governing board of the resolution proposing such	51021
transfer, adopt a resolution making the transfer as originally	51022
proposed, effective at any time prior to the next succeeding first	51023
day of July, unless, prior to the expiration of such thirty-day	51024
period, qualified electors residing in the area proposed to be	51025
transferred, equal in number to a majority of the qualified	51026
electors voting at the last general election, file a petition of	51027
referendum against such transfer.	51028

Any petition of transfer or petition of referendum under the	51029
provisions of this section shall be filed at the office of the	51030
educational service center superintendent. The person presenting	51031
the petition shall be given a receipt containing thereon the time	51032
of day, the date, and the purpose of the petition.	51033

The educational service center superintendent shall cause the	51034
board of elections to check the sufficiency of signatures on any	51035
such petition, and, if found to be sufficient, the superintendent	51036
shall present the petition to the educational service center	51037
governing board at a meeting of said governing board which shall	51038
occur not later than thirty days following the filing of said	51039
petition.	51040

The educational service center governing board shall promptly	51041
certify the proposal to the board of elections of such counties in	51042
which school districts whose boundaries would be altered by such	51043
proposal are located for the purpose of having the proposal placed	51044
on the ballot at the next general or primary election which occurs	51045
not less than ninety days after the date of such certification or	51046
at a special election, the date of which shall be specified in the	51047
certification, which date shall not be less than ninety days after	51048
the date of such certification.	51049

Signatures on a petition of transfer or petition of	51050
referendum may be withdrawn up to and including the above	51051
mentioned meeting of the educational service center governing	51052
board only by order of the governing board upon testimony of the	51053
petitioner concerned under oath before the board that the	51054
petitioner's signature was obtained by fraud, duress, or	51055
misrepresentation.	51056

If a petition is filed with the educational service center	51057
governing board which proposes the transfer of a part or all of	51058
the territory included either in a petition previously filed by	51059
electors or in a resolution of transfer previously adopted by the	51060
educational service center governing board, no action shall be	51061
taken on such new petition as long as the previously initiated	51062
proposal is pending before the governing board or is subject to an	51063
election.	51064

Upon certification of a proposal to the board or boards of	51065
elections pursuant to this section, the board or boards of	51066
elections shall make the necessary arrangements for the submission	51067
of such question to the electors of the county or counties	51068
qualified to vote thereon, and the election shall be conducted and	51069
canvassed and the results shall be certified in the same manner as	51070
in regular elections for the election of members of a board of	51071
education.	51072

The persons qualified to vote upon a proposal are the	51073
electors residing in the district or districts containing	51074
territory that is proposed to be transferred. If the proposed	51075
transfer is approved by at least a majority of the electors voting	51076
on the proposal, the educational service center governing board	51077
shall make such transfer at any time prior to the next succeeding	51078
first day of July, subject to the approval of the receiving board	51079
of education in case of a transfer to a city or exempted village	51080
school district, and subject to the approval of the educational	51081
service center governing board of the receiving center, in case of	51082
a transfer to an educational service center. If the proposed	51083
transfer is not approved by at least a majority of the electors	51084
voting on the proposal, the question of transferring any property	51085
included in the territory covered by the proposal shall not be	51086
submitted to electors at any election prior to the first general	51087
election the date of which is at least two years after the date of	51088
the original election, or the first primary election held in an	51089
even-numbered year the date of which is at least two years after	51090
the date of the original election.	51091

Where a territory is transferred under this section to a city	51092
or exempted village school district, the board of education of	51093
such district shall, and where territory is transferred to an	51094
educational service center the governing board of such educational	51095
service center shall, within thirty days following receipt of the	51096
proposal, either accept or reject the transfer.	51097

Where a governing board of an educational service center	51098
adopts a resolution accepting territory transferred to the	51099
educational service center under the provisions of sections	51100
3311.231 and 3311.24 of the Revised Code, the governing board	51101
shall, at the time of the adoption of the resolution accepting the	51102
territory, designate the school district to which the accepted	51103
territory shall be annexed.	51104

When an entire school district is proposed to be transferred	51105
to two or more adjoining school districts and the offer is	51106
rejected by any one of the receiving boards of education, none of	51107
the territory included in the proposal shall be transferred.	51108

Upon the acceptance of territory by the receiving board or	51109
boards of education the educational service center governing board	51110
offering the territory shall file with the county auditor of each	51111
county affected by the transfer and with the state board of	51112
education an accurate map showing the boundaries of the territory	51113
transferred.	51114

Upon the making of such transfer, the net indebtedness of the	51115
former district from which territory was transferred shall be	51116
apportioned between the acquiring school district and the portion	51117
of the former school district remaining after the transfer in the	51118
ratio which the assessed valuation of the territory transferred to	51119
the acquiring school district bears to the assessed valuation of	51120
the original school district as of the effective date of the	51121
transfer. As used in this section "net indebtedness" means the	51122
difference between the par value of the outstanding and unpaid	51123
bonds and notes of the school district and the amount held in the	51124
sinking fund and other indebtedness retirement funds for their	51125
redemption.	51126

~~If an entire district is transferred, any indebtedness of the~~	51127
~~former district incurred as a result of a loan made under section~~	51128
~~3317.64 of the Revised Code is hereby canceled and such~~	51129
~~indebtedness shall not be apportioned among any districts~~	51130
~~acquiring the territory.~~	51131

Upon the making of any transfer under this section, the funds	51132
of the district from which territory was transferred shall be	51133
divided equitably by the educational service center governing	51134
board, between the acquiring district and any part of the original	51135
district remaining after the transfer.	51136

If an entire district is transferred the board of education	51137
of such district is thereby abolished or if a member of the board	51138
of education lives in that part of a school district transferred	51139
the member becomes a nonresident of the school district from which	51140
the territory was transferred and such member ceases to be a	51141
member of the board of education of such district.	51142

The legal title of all property of the board of education in	51143
the territory transferred shall become vested in the board of	51144
education of the school district to which such territory is	51145
transferred.	51146

If an entire district is transferred, foundation program	51147
moneys accruing to a district receiving school territory under the	51148
provisions of this section shall not be less, in any year during	51149
the next succeeding three years following the transfer, than the	51150
sum of the amounts received by the districts separately in the	51151
year in which the transfer was consummated.	51152

Sec. 3311.38. The state board of education may conduct, or	51153
may direct the superintendent of public instruction to conduct,	51154
studies where there is evidence of need for transfer of local,	51155
exempted village, or city school districts, or parts of any such	51156
districts, to contiguous or noncontiguous local, exempted village,	51157
or city school districts. Such studies shall include a study of	51158
the effect of any proposal upon any portion of a school district	51159
remaining after such proposed transfer. The state board, in	51160
conducting such studies and in making recommendations as a result	51161
thereof, shall consider the possibility of improving school	51162
district organization as well as the desires of the residents of	51163
the school districts which would be affected.	51164

(A) After the adoption of recommendations growing out of any	51165
such study, or upon receipt of a resolution adopted by majority	51166
vote of the full membership of the board of any city, local, or	51167
exempted village school district requesting that the entire	51168
district be transferred to another city, local, or exempted	51169
village school district, the state board may propose by resolution	51170
the transfer of territory, which may consist of part or all of the	51171
territory of a local, exempted village, or city school district to	51172
a contiguous local, exempted village, or city school district.	51173

The state board shall thereupon file a copy of such proposal	51174
with the board of education of each school district whose	51175
boundaries would be altered by the proposal and with the governing	51176
board of any educational service center in which such school	51177
district is located.	51178

The state board may, not less than thirty days following the	51179
adoption of the resolution proposing the transfer of territory,	51180
certify the proposal to the board of elections of the county or	51181
counties in which any of the territory of the proposed district is	51182
located, for the purpose of having the proposal placed on the	51183
ballot at the next general election or at a primary election	51184
occurring not less than ninety days after the adoption of such	51185
resolution.	51186

If any proposal has been previously initiated pursuant to	51187
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	51188
affects any of the territory affected by the proposal of the state	51189
board, the proposal of the state board shall not be placed on the	51190
ballot while the previously initiated proposal is subject to an	51191
election.	51192

Upon certification of a proposal to the board of elections of	51193
any county pursuant to this section, the board of elections of	51194
such county shall make the necessary arrangements for the	51195
submission of such question to the electors of the county	51196
qualified to vote thereon, and the election shall be counted and	51197
canvassed and the results shall be certified in the same manner as	51198
in regular elections for the election of members of a board of	51199
education.	51200

The electors qualified to vote upon a proposal are the	51201
electors residing in the local, exempted village, or city school	51202
districts, containing territory proposed to be transferred.	51203

If the proposed transfer be approved by a majority of the	51204
electors voting on the proposal, the state board, subject to the	51205
approval of the board of education of the district to which the	51206
territory would be transferred, shall make such transfer prior to	51207
the next succeeding July 1.	51208

(B) If a study conducted in accordance with this section	51209
involves a school district with less than four thousand dollars of	51210
assessed value for each pupil in the total student count	51211
determined under section 3317.03 of the Revised Code, the state	51212
board of education, with the approval of the educational service	51213
center governing board, and upon recommendation by the state	51214
superintendent of public instruction, may by resolution transfer	51215
all or any part of such a school district to any city, exempted	51216
village, or local school district which has more than twenty-five	51217
thousand pupils in average daily membership. Such resolution of	51218
transfer shall be adopted only after the board of education of the	51219
receiving school district has adopted a resolution approving the	51220
proposed transfer. For the purposes of this division, the assessed	51221
value shall be as certified in accordance with section 3317.021 of	51222
the Revised Code.	51223

(C) Upon the making of a transfer of an entire school	51224
district pursuant to this section, the indebtedness of the	51225
district transferred shall be assumed in full by the acquiring	51226
district and the funds of the district transferred shall be paid	51227
over in full to the acquiring district~~, except that any~~	51228
~~indebtedness of the transferred district incurred as a result of a~~	51229
~~loan made under section 3317.64 of the Revised Code is hereby~~	51230
~~canceled and shall not be assumed by the acquiring district~~.	51231

(D) Upon the making of a transfer pursuant to this section,	51232
when only part of a district is transferred, the net indebtedness	51233
of each original district of which only a part is taken by the	51234
acquiring district shall be apportioned between the acquiring	51235
district and the original district in the ratio which the assessed	51236
valuation of the part taken by the acquiring district bears to the	51237
assessed valuation of the original district as of the effective	51238
date of the transfer. As used in this section "net indebtedness"	51239
means the difference between the par value of the outstanding and	51240
unpaid bonds and notes of the school district and the amount held	51241
in the sinking fund and other indebtedness retirement funds for	51242
their redemption.	51243

(E) Upon the making of a transfer pursuant to this section,	51244
when only part of a district is transferred, the funds of the	51245
district from which territory was transferred shall be divided	51246
equitably by the state board between the acquiring district and	51247
that part of the former district remaining after the transfer.	51248

(F) If an entire school district is transferred, the board of	51249
education of such district is thereby abolished. If part of a	51250
school district is transferred, any member of the board of	51251
education who is a legal resident of that part which is	51252
transferred shall thereby cease to be a member of that board.	51253

If an entire school district is transferred, foundation	51254
program moneys accruing to a district accepting school territory	51255
under the provisions of this section shall not be less, in any	51256
year during the next succeeding three years following the	51257
transfer, than the sum of the amounts received by the districts	51258
separately in the year in which the transfer became effective.	51259

Sec. 3311.86. (A) As used in this section:

51260

(1) "Alliance" means a municipal school district	51261
transformation alliance established as a nonprofit corporation.	51262

(2) "Alliance municipal school district" means a municipal	51263
school district for which an alliance has been created under this	51264
section.	51265

(3) "Partnering community school" means a community school	51266
established under Chapter 3314. of the Revised Code that is	51267
located within the territory of a municipal school district and	51268
that either is sponsored by the district or is a party to an	51269
agreement with the district whereby the district and the community	51270
school endorse each other's programs.	51271

(4) "Transformation alliance education plan" means a plan	51272
prepared by the mayor, and confirmed by the alliance, to transform	51273
public education in the alliance municipal school district to a	51274
system of municipal school district schools and partnering	51275
community schools that will be held to the highest standards of	51276
school performance and student achievement.	51277

(B) If one or more partnering community schools are located	51278
in a municipal school district, the mayor may initiate proceedings	51279
to establish a municipal school district transformation alliance	51280
as a nonprofit corporation under Chapter 1702. of the Revised	51281
Code. The mayor shall have sole authority to appoint the directors	51282
of any alliance created under this section. The directors of the	51283
alliance shall include representatives of all of the following:	51284

(1) The municipal school district;

51285

(2) Partnering community schools;

51286

(3) Members of the community at large, including parents and	51287
educators;	51288

(4) The business community, including business leaders and	51289
foundation leaders.	51290

No one group listed in divisions (B)(1) to (4) of this	51291
section shall comprise a majority of the directors. The mayor	51292
shall be an ex officio director, and serve as the chairperson of	51293
the board of directors, of any alliance created under this	51294
section. If the proceedings are initiated, the mayor shall	51295
identify the directors in the articles of incorporation filed	51296
under section 1702.04 of the Revised Code.	51297

(C)(1) A majority of the members of the board of directors of	51298
the alliance shall constitute a quorum of the board. Any formal	51299
action taken by the board of directors shall take place at a	51300
meeting of the board and shall require the concurrence of a	51301
majority of the members of the board. Meetings of the board of	51302
directors shall be public meetings open to the public at all	51303
times, except that the board and its committees and subcommittees	51304
may hold an executive session, as if it were a public body with	51305
public employees, for any of the purposes for which an executive	51306
session of a public body is permitted under division (G) of	51307
section 121.22 of the Revised Code, notwithstanding that the	51308
alliance is not a public body as defined in that section, and its	51309
employees are not public employees as provided in division (F) of	51310
this section. The board of directors shall establish reasonable	51311
methods whereby any person may determine the time and place of all	51312
of the board's public meetings and by which any person, upon	51313
request, may obtain reasonable advance notification of the board's	51314
public meetings. Provisions for that advance notification may	51315
include, but are not limited to, mailing notices to all	51316
subscribers on a mailing list or mailing notices in	51317
self-addressed, stamped envelopes provided by the person.	51318

(2) All records of the alliance shall be organized and	51319
maintained by the alliance and also filed with the department of	51320
education. The alliance and the department shall make those	51321
records available to the public as though those records were	51322
public records for purposes of Chapter 149. of the Revised Code.	51323
The department shall promptly notify the alliance upon the	51324
department's receipt of any requests for records relating to the	51325
alliance pursuant to section 149.43 of the Revised Code.	51326

(3) The board of directors of the alliance shall establish a	51327
conflicts of interest policy and shall adopt that policy, and any	51328
amendments to the policy, at a meeting of the board held in	51329
accordance with this section.	51330

(D) If an alliance is created under this section, the	51331
alliance shall do all of the following:	51332

(1) Report annually on the performance of all municipal	51333
school district schools and all community schools established	51334
under Chapter 3314. of the Revised Code and located in the	51335
district, using the criteria adopted under division (B) of section	51336
3311.87 of the Revised Code;	51337

(2) Confirm and monitor implementation of the transformation	51338
alliance education plan;	51339

(3) Suggest national education models for and provide input	51340
in the development of new municipal school district schools and	51341
partnering community schools.	51342

(E) Divisions (E)(1) to (3) of this section apply to each	51343
community school sponsor that is subject to approval by the	51344
department of education under section 3314.015 of the Revised Code	51345
whose approval under that section is granted or renewed on or	51346
after ~~the effective date of this section~~October 1, 2012.	51347
Divisions (E)(1) to (3) of this section do not apply to a sponsor	51348
that has been approved by the department prior to that date, until	51349
the sponsor's approval is renewed or granted anew on or after that	51350
date.	51351

(1) Before a sponsor to which this section applies may	51352
sponsor new community schools in an alliance municipal school	51353
district, the sponsor shall request recommendation from the	51354
alliance to sponsor community schools in the district.	51355

(2) The alliance shall review the sponsor's application and	51356
shall make a recommendation based on the standards for sponsors	51357
developed under division (A)(2) of section 3311.87 of the Revised	51358
Code.	51359

(3) The department shall use the standards developed under	51360
division (A)(2) of section 3311.87 of the Revised Code, in	51361
addition to any other requirements of the Revised Code, to review	51362
a sponsor's request and make a final determination, on	51363
recommendation of the alliance, of whether the sponsor may sponsor	51364
new community schools in the alliance municipal school district.	51365

No sponsor shall be required to receive authorization to	51366
sponsor new community schools under division (E)(3) of this	51367
section more than one time.	51368

(F) Directors, officers, and employees of an alliance are not	51369
public employees or public officials, are not subject to Chapters	51370
124., 145., and 4117. of the Revised Code, and are not "public	51371
officials" or "public servants" as defined in section 2921.01 of	51372
the Revised Code. Membership on the board of directors of an	51373
alliance does not constitute the holding of an incompatible public	51374
office or employment in violation of any statutory or common law	51375
prohibition against the simultaneous holding of more than one	51376
public office or employment. Members of the board of directors of	51377
an alliance are not disqualified from holding any public office by	51378
reason of that membership, and do not forfeit by reason of that	51379
membership the public office or employment held when appointed to	51380
the board, notwithstanding any contrary disqualification or	51381
forfeiture requirement under the Revised Code or the common law of	51382
this state.	51383

(G) The authority to establish an alliance under this section	51384
expires on January 1, 2018. Any alliance established under this	51385
section is terminated, and any related authority granted to the	51386
alliance under this section expires on that date.	51387

Sec. 3312.08. Each fiscal agent selected by the department	51388
of education pursuant to section 3312.07 of the Revised Code shall	51389
do all of the following:	51390

(A) Enter into performance contracts with the department in	51391
accordance with section 3312.09 of the Revised Code for the	51392
implementation of state and regional education initiatives and	51393
school improvement efforts;	51394

(B) Receive federal and state funds, including federal funds	51395
for the provision of special education and related services, as	51396
specified in the performance contracts, and disburse those funds	51397
as specified in the performance contracts to educational service	51398
centers, information technology centers, and other regional	51399
service providers. However, any funds owed to an educational	51400
service center in accordance with an agreement entered into under	51401
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	51402
Code shall be paid directly to the service center by the	51403
department ~~in accordance with that section~~ and any operating funds	51404
appropriated for an information technology center shall be paid	51405
directly to the information technology center by the department	51406
pursuant to section 3301.075 of the Revised Code.	51407

(C) Implement any expenditure of funds recommended by the	51408
advisory council for the region pursuant to section 3312.04 of the	51409
Revised Code or required by the terms of any performance contract,	51410
unless there are insufficient funds available to the region to pay	51411
for the expenditure or the expenditure violates a provision of the	51412
Revised Code, a rule of the state board of education regarding	51413
such expenditure, or the terms of a performance contract;	51414

(D) Exercise fiscal oversight of the implementation of state	51415
and regional education initiatives and school improvement efforts.	51416

Sec. 3313.372. (A) As used in this section, "energy	51417
conservation measure" means an installation or modification of an	51418
installation in, or remodeling of, a building, to reduce energy	51419
consumption. It includes:	51420

(1) Insulation of the building structure and systems within	51421
the building;	51422

(2) Storm windows and doors, multiglazed windows and doors,	51423
heat absorbing or heat reflective glazed and coated window and	51424
door systems, additional glazing, reductions in glass area, and	51425
other window and door system modifications that reduce energy	51426
consumption;	51427

(3) Automatic energy control systems;

51428

(4) Heating, ventilating, or air conditioning system	51429
modifications or replacements;	51430

(5) Caulking and weatherstripping;

51431

(6) Replacement or modification of lighting fixtures to	51432
increase the energy efficiency of the system without increasing	51433
the overall illumination of a facility, unless such increase in	51434
illumination is necessary to conform to the applicable state or	51435
local building code for the proposed lighting system;	51436

(7) Energy recovery systems;

51437

(8) Cogeneration systems that produce steam or forms of	51438
energy such as heat, as well as electricity, for use primarily	51439
within a building or complex of buildings;	51440

(9) Any other modification, installation, or remodeling	51441
approved by the Ohio school facilities commission as an energy	51442
conservation measure.	51443

(B) A board of education of a city, exempted village, local,	51444
or joint vocational school district may enter into an installment	51445
payment contract for the purchase and installation of energy	51446
conservation measures. The provisions of such installment payment	51447
contracts dealing with interest charges and financing terms shall	51448
not be subject to the competitive bidding requirements of section	51449
3313.46 of the Revised Code, and shall be on the following terms:	51450

(1) Not less than one-fifteenth of the costs thereof shall be	51451
paid within two years from the date of purchase.	51452

(2) The remaining balance of the costs thereof shall be paid	51453
within fifteen years from the date of purchase.	51454

The provisions of any installment payment contract entered	51455
into pursuant to this section shall provide that all payments,	51456
except payments for repairs and obligations on termination of the	51457
contract prior to its expiration, be stated as a percentage of	51458
calculated energy, water, or waste water cost savings, avoided	51459
operating costs, and avoided capital costs attributable to the one	51460
or more measures over a defined period of time. Those payments	51461
shall be made only to the extent that the savings described in	51462
this division actually occur. The contractor shall warrant and	51463
guarantee that the energy conservation measures shall realize	51464
guaranteed savings and shall be responsible to pay an amount equal	51465
to any savings shortfall.	51466

An installment payment contract entered into by a board of	51467
education under this section shall require the board to contract	51468
in accordance with division (A) of section 3313.46 of the Revised	51469
Code for the installation, modification, or remodeling of energy	51470
conservation measures unless division (A) of section 3313.46 of	51471
the Revised Code does not apply pursuant to division (B)(3) of	51472
that section.	51473

(C) The board may issue the notes of the school district	51474
signed by the president and the treasurer of the board and	51475
specifying the terms of the purchase and securing the deferred	51476
payments provided in this section, payable at the times provided	51477
and bearing interest at a rate not exceeding the rate determined	51478
as provided in section 9.95 of the Revised Code. The notes may	51479
contain an option for prepayment and shall not be subject to	51480
Chapter 133. of the Revised Code. In the resolution authorizing	51481
the notes, the board may provide, without the vote of the electors	51482
of the district, for annually levying and collecting taxes in	51483
amounts sufficient to pay the interest on and retire the notes,	51484
except that the total net indebtedness of the district without a	51485
vote of the electors incurred under this and all other sections of	51486
the Revised Code, except section 3318.052 of the Revised Code,	51487
shall not exceed one per cent of the district's tax valuation.	51488
Revenues derived from local taxes or otherwise, for the purpose of	51489
conserving energy or for defraying the current operating expenses	51490
of the district, may be applied to the payment of interest and the	51491
retirement of such notes. The notes may be sold at private sale or	51492
given to the contractor under the installment payment contract	51493
authorized by division (B) of this section.	51494

(D) Debt incurred under this section shall not be included in	51495
the calculation of the net indebtedness of a school district under	51496
section 133.06 of the Revised Code.	51497

(E) No school district board shall enter into an installment	51498
payment contract under division (B) of this section unless it	51499
first obtains a report of the costs of the energy conservation	51500
measures and the savings thereof as described under division (G)	51501
of section 133.06 of the Revised Code as a requirement for issuing	51502
energy securities, makes a finding that the amount spent on such	51503
measures is not likely to exceed the amount of money it would save	51504
in energy costs and resultant operational and maintenance costs as	51505
described in that division, except that that finding shall cover	51506
the ensuing fifteen years, and the Ohio school facilities	51507
commission determines that the district board's findings are	51508
reasonable and approves the contract as described in that	51509
division.	51510

The district board shall monitor the savings and maintain a	51511
report of those savings, which shall be submitted to the	51512
commission in the same manner as required by division (G) of	51513
section 133.06 of the Revised Code in the case of energy	51514
securities.	51515

Sec. 3313.376. As used in this section, "client school	51516
district" ~~has the same meaning as in section 3317.11 of the~~	51517
~~Revised Code~~means a city, exempted village, or local school	51518
district that has entered into an agreement under section 3313.843	51519
or 3313.845 of the Revised Code to receive any services from an	51520
educational service center.	51521

For the purpose of obtaining quantity discounts in purchasing	51522
textbooks; computer equipment, including computer software; school	51523
buses; and natural gas, electricity, and other utility services,	51524
the governing boards of two or more educational service centers	51525
may enter into agreements, including installment purchase and	51526
lease-purchase contracts, to jointly purchase such commodities to	51527
be utilized by client school districts of the educational service	51528
centers.	51529

Sec. 3313.48. (A) The board of education of each city,	51530
exempted village, local, and joint vocational school district	51531
shall provide for the free education of the youth of school age	51532
within the district under its jurisdiction, at such places as will	51533
be most convenient for the attendance of the largest number	51534
thereof. ~~Except as provided in section 3313.481 of the Revised~~	51535
~~Code, each~~Each school so provided and each chartered nonpublic	51536
school shall be open for instruction with pupils in attendance,	51537
including scheduled classes, supervised activities, and approved	51538
education options but excluding lunch and breakfast periods and	51539
extracurricular activities, for not less than ~~one hundred~~	51540
~~eighty-two days~~four hundred fifty-five hours in the case of	51541
pupils in kindergarten unless such pupils are provided all-day	51542
kindergarten, as defined in section 3321.05 of the Revised Code,	51543
in which case the pupils shall be in attendance for nine hundred	51544
ten hours; nine hundred ten hours in the case of pupils in grades	51545
one through six; and one thousand one hours in the case of pupils	51546
in grades seven through twelve in each school year, which may	51547
include all of the following:	51548

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	51549
~~in which classes are dismissed one-half day early or the~~	51550
~~equivalent amount of time during a different number of days~~during	51551
which pupils would otherwise be in attendance but are not required	51552
to attend for the purpose of individualized parent-teacher	51553
conferences and reporting periods;	51554

~~(B)~~(2) Up to the equivalent of two school days per year	51555
during which pupils would otherwise be in attendance but are not	51556
required to attend for professional meetings of teachers ~~when such~~	51557
~~days occur during a regular school week and schools are not in~~	51558
~~session~~;	51559

~~(C) The number of days the school is closed as a result of~~	51560
~~public calamity, as provided in section 3317.01 of the Revised~~	51561
~~Code~~(3) Morning and afternoon recess periods of not more than	51562
fifteen minutes duration per period for pupils in grades	51563
kindergarten through six.	51564

~~The state board of education shall adopt standards for~~	51565
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	51566
~~the Revised Code.~~	51567

~~Except as otherwise provided in this section, each day for~~	51568
~~grades seven through twelve shall consist of not less than five~~	51569
~~clock hours with pupils in attendance, except in such emergency~~	51570
~~situations, including lack of classroom space, as are approved by~~	51571
~~the state board of education. Except as otherwise provided in this~~	51572
~~section, each day for grades one through six shall consist of not~~	51573
~~less than five clock hours with pupils in attendance which may~~	51574
~~include fifteen minute morning and afternoon recess periods,~~	51575
~~except in such emergency situations, including lack of classroom~~	51576
~~space, as are approved by the state board of education.~~	51577

(B) Not later than thirty days prior to adopting a school	51578
calendar, the board of education of each city, exempted village,	51579
and local school district shall hold a public hearing on the	51580
school calendar, addressing topics that include, but are not	51581
limited to, the total number of hours in a school year, length of	51582
school day, and beginning and end dates of instruction.	51583

(C) No school operated by a city, exempted village, local, or	51584
joint vocational school district shall reduce the number of hours	51585
in each school year that the school is scheduled to be open for	51586
instruction from the number of hours per year the school was open	51587
for instruction during the previous school year unless the	51588
reduction is approved by a resolution adopted by the district	51589
board of education. Any reduction so approved shall not result in	51590
fewer hours of instruction per school year than the applicable	51591
number of hours required under division (A) of this section.	51592

(D) Prior to making any change in the hours or days in which	51593
a high school under its jurisdiction is open for instruction, the	51594
board of education of each city, exempted village, and local	51595
school district shall consider the compatibility of the proposed	51596
change with the scheduling needs of any joint vocational school	51597
district in which any of the high school's students are also	51598
enrolled. The board shall consider the impact of the proposed	51599
change on student access to the instructional programs offered by	51600
the joint vocational school district, incentives for students to	51601
participate in career-technical education, transportation, and the	51602
timing of graduation. The board shall provide the joint vocational	51603
school district board with advance notice of the proposed change	51604
and the two boards shall enter into a written agreement	51605
prescribing reasonable accommodations to meet the scheduling needs	51606
of the joint vocational school district prior to implementation of	51607
the change.	51608

(E) Prior to making any change in the hours or days in which	51609
a school under its jurisdiction is open for instruction, the board	51610
of education of each city, exempted village, and local school	51611
district shall consider the compatibility of the proposed change	51612
with the scheduling needs of any community school established	51613
under Chapter 3314. of the Revised Code to which the district is	51614
required to transport students under sections 3314.09 and 3327.01	51615
of the Revised Code. The board shall consider the impact of the	51616
proposed change on student access to the instructional programs	51617
offered by the community school, transportation, and the timing of	51618
graduation. The board shall provide the sponsor, governing	51619
authority, and operator of the community school with advance	51620
notice of the proposed change, and the board and the governing	51621
authority, or operator if such authority is delegated to the	51622
operator, shall enter into a written agreement prescribing	51623
reasonable accommodations to meet the scheduling needs of the	51624
community school prior to implementation of the change.	51625

(F) Prior to making any change in the hours or days in which	51626
the schools under its jurisdiction are open for instruction, the	51627
board of education of each city, exempted village, and local	51628
school district shall consult with the chartered nonpublic schools	51629
to which the district is required to transport students under	51630
section 3327.01 of the Revised Code and shall consider the effect	51631
of the proposed change on the schedule for transportation of those	51632
students to their nonpublic schools. The governing authority of a	51633
chartered nonpublic school shall consult with each school district	51634
board of education that transports students to the chartered	51635
nonpublic school under section 3327.01 of the Revised Code prior	51636
to making any change in the hours or days in which the nonpublic	51637
school is open for instruction.	51638

(G) The state board of education shall not adopt or enforce	51639
any rule or standard that imposes on chartered nonpublic schools	51640
the procedural requirements imposed on school districts by	51641
divisions (B), (C), (D), and (E) of this section.	51642

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	51643
the term "school day" is used, unless otherwise specified, that	51644
term shall be construed to mean the time during a calendar day	51645
that a school is open for instruction pursuant to the schedule	51646
adopted by the board of education of the school district or the	51647
governing authority of the chartered nonpublic school in	51648
accordance with section 3313.48 of the Revised Code.	51649

Sec. 3313.483. (A) A board of education, upon the adoption	51650
of a resolution stating that it may be financially unable to open	51651
on the day or to remain open for instruction on all days set forth	51652
in its adopted school calendar and pay all obligated expenses, or	51653
the superintendent of public instruction upon the issuance of	51654
written notification under division (B) of section 3313.489 of the	51655
Revised Code, shall request the auditor of state to determine	51656
whether such situation exists. The auditor shall deliver a copy of	51657
each request from a board of education to the superintendent of	51658
public instruction. In the case of a school district not under a	51659
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	51660
auditor shall not issue a finding under this section until written	51661
notification is received from the superintendent pursuant to	51662
section 3313.487 of the Revised Code.	51663

(B) If the auditor of state finds that the board of education	51664
has attempted to avail itself to the fullest extent authorized by	51665
law of all lawful revenue sources available to it except those	51666
authorized by section 5705.21 of the Revised Code, the auditor	51667
shall certify that finding to the superintendent of public	51668
instruction and the state board of education and shall certify the	51669
operating deficit the district will have at the end of the fiscal	51670
year if it commences or continues operating its instructional	51671
program in accordance with its adopted school calendar and pays	51672
all obligated expenses.	51673

(C) No board of education may delay the opening of its	51674
schools or close its schools for financial reasons. Upon the	51675
request of the superintendent of public instruction, the attorney	51676
general shall seek injunctive relief and any other relief required	51677
to enforce this prohibition in the court of common pleas of	51678
Franklin county. The court of common pleas of Franklin county has	51679
exclusive original jurisdiction over all such actions.	51680

(D) Upon the receipt of any certification of an operating	51681
deficit from the auditor of state, a board of education shall make	51682
application to a commercial bank, underwriter, or other	51683
prospective lender or purchaser of its obligations for a loan in	51684
an amount sufficient to enable the district to open or remain open	51685
for instruction on all days set forth in its adopted school	51686
calendar but not to exceed the amount of the deficit certified.	51687

(E)(1) Any board of education that has applied for and been	51688
denied a loan from a commercial bank, underwriter, or other	51689
prospective lender or purchaser of its obligations pursuant to	51690
division (D) of this section shall submit to the superintendent of	51691
public instruction a plan for implementing reductions in the	51692
school district's budget; apply for a loan from a commercial bank,	51693
underwriter, or other prospective lender or purchaser of its	51694
obligations in an amount not to exceed its certified deficit; and	51695
provide the superintendent such information as the superintendent	51696
requires concerning its application for such a loan. The board of	51697
education of a school district declared to be under a fiscal watch	51698
pursuant to division (A) of section 3316.03 of the Revised Code	51699
may, upon approval of the superintendent, utilize the financial	51700
plan required by section 3316.04 of the Revised Code, or	51701
applicable parts thereof, as the plan required under this	51702
division. The board of education of a school district declared to	51703
be under a fiscal emergency pursuant to division (B) of section	51704
3316.03 of the Revised Code may utilize the financial recovery	51705
plan for the district, or applicable parts thereof, as the plan	51706
required under this division. Except for the plan of a school	51707
district under a fiscal emergency, the superintendent shall	51708
evaluate, make recommendations concerning, and approve or	51709
disapprove each plan. When a plan is submitted, the superintendent	51710
shall immediately notify the members of the general assembly whose	51711
legislative districts include any or all of the territory of the	51712
school district submitting the plan.	51713

(2) The superintendent shall submit to the controlling board	51714
a copy of each plan the superintendent approves, or each plan	51715
submitted by a district under a fiscal emergency pursuant to	51716
division (B) of section 3316.03 of the Revised Code, and the	51717
general terms of each proposed loan, and shall make	51718
recommendations regarding the plan and whether a proposed loan to	51719
the board of education should be approved for payment as provided	51720
in division (E)(3) of this section. The controlling board shall	51721
approve or disapprove the plan and the proposed loan presented to	51722
it by the superintendent. In the case of a district not under a	51723
fiscal emergency pursuant to division (B) of section 3316.03 of	51724
the Revised Code, the controlling board may require a board of	51725
education to implement the superintendent's recommendations for	51726
expenditure reductions or impose other requirements. Loan	51727
repayments shall be in accordance with a schedule approved by the	51728
superintendent, except that the principal amount of the loan shall	51729
be payable in monthly, semiannual, or annual installments of	51730
principal and interest that are substantially equal principal and	51731
interest installments. Except as otherwise provided in division	51732
(E)(2) of this section, repayment shall be made no later than the	51733
fifteenth day of June of the second fiscal year following the	51734
approval of the loan. A school district with a certified deficit	51735
in excess of either twenty-five million dollars or fifteen per	51736
cent of the general fund expenditures of the district during the	51737
fiscal year shall repay the loan no later than the fifteenth day	51738
of June of the tenth fiscal year following the approval of the	51739
loan. In deciding whether to approve or disapprove a proposed	51740
loan, the controlling board shall consider the deficit certified	51741
by the auditor of state pursuant to this section. A board of	51742
education that has an outstanding loan approved pursuant to this	51743
section with a repayment date of more than two fiscal years after	51744
the date of approval of such loan may not apply for another loan	51745
with such a repayment date until the outstanding loan has been	51746
repaid.	51747

(3) If a board of education has submitted and received	51748
controlling board approval of a plan and proposed loan in	51749
accordance with this section, the superintendent of public	51750
instruction shall report to the controlling board the actual	51751
amounts loaned to the board of education. Such board of education	51752
shall request the superintendent to pay any funds the board of	51753
education would otherwise receive pursuant to Chapter 3306. of the	51754
Revised Code first directly to the holders of the board of	51755
education's notes, or an agent thereof, such amounts as are	51756
specified under the terms of the loan. Such payments shall be made	51757
only from and to the extent of money appropriated by the general	51758
assembly for purposes of such sections. No note or other	51759
obligation of the board of education under the loan constitutes an	51760
obligation nor a debt or a pledge of the faith, credit, or taxing	51761
power of the state, and the holder or owner of such note or	51762
obligation has no right to have taxes levied by the general	51763
assembly for the payment of such note or obligation, and such note	51764
or obligation shall contain a statement to that effect.	51765

(4) Pursuant to the terms of such a loan, a board of	51766
education may issue its notes in anticipation of the collection of	51767
its voted levies for current expenses or its receipt of such state	51768
funds or both. Such notes shall be issued in accordance with	51769
division (E) of section 133.10 of the Revised Code and constitute	51770
Chapter 133. securities to the extent such division and the	51771
otherwise applicable provisions of Chapter 133. of the Revised	51772
Code are not inconsistent with this section, provided that in any	51773
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	51774
(E)(2) of section 133.10 of the Revised Code do not apply to such	51775
notes.	51776

(5) Notwithstanding section 133.36 or 3313.17, any other	51777
section of the Revised Code, or any other provision of law, a	51778
board of education that has received a loan under this section may	51779
not declare bankruptcy, so long as any portion of such loan	51780
remains unpaid.	51781

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	51782
~~3313.4811~~, "board of education" or "district board" includes the	51783
financial planning and supervision commission of a school district	51784
under a fiscal emergency pursuant to Chapter 3316. of the Revised	51785
Code where such commission chooses to exercise the powers and	51786
duties otherwise required of the district board of education under	51787
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	51788
Revised Code.	51789

Sec. 3313.484. No loan shall be approved under sections	51790
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	51791
1998.	51792

By the last day of June each year, the department of	51793
education shall calculate and pay a subsidy to every school	51794
district that during the current fiscal year paid and was	51795
obligated to pay interest on a loan under sections 3313.483 to	51796
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	51797
simple interest. The amount of the subsidy shall equal the	51798
difference between the amount of interest the district paid and	51799
was obligated to pay during the year and the interest that the	51800
district would have been obligated to pay if the interest rate on	51801
the loan had been two per cent per year.	51802

Sec. 3313.488. (A) Within fifteen days ofafter the date a	51803
~~board of education requests that its school district be made~~	51804
~~subject to this section as authorized by section 3317.62 of the~~	51805
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	51806
order under section 3313.487 of the Revised Code making a school	51807
district subject to this section, the district's board of	51808
education shall prepare a fiscal statement of expenses and	51809
expenditures for the remainder of the current fiscal year. The	51810
fiscal statement shall be submitted to the superintendent of	51811
public instruction and shall set forth all revenues to be received	51812
by the district during the remainder of the fiscal year and their	51813
sources, the expenses to be incurred by the district during the	51814
remainder of the fiscal year, the outstanding and unpaid expenses	51815
at the time the fiscal statement is prepared and the date or dates	51816
by which such expenses must be paid, and such other information as	51817
the superintendent requires to enable the superintendent to ensure	51818
that during the remainder of the fiscal year, the district will	51819
not incur any expenses that will further impair its ability to	51820
operate an instructional program that meets or exceeds the minimum	51821
standards of the state board of education and requirements of the	51822
Revised Code during the current and ensuing fiscal years with the	51823
revenue available to it from existing revenue sources. The fiscal	51824
statement shall be presented in such detail and form as the	51825
superintendent prescribes. Beginning the tenth day after the	51826
fiscal statement is submitted and for the remainder of the fiscal	51827
year, the board shall not make any expenditure of money, make any	51828
employment, purchase, or rental contract, give any order involving	51829
the expenditure of money, or increase any wage or salary schedule	51830
unless the superintendent of public instruction has approved the	51831
fiscal statement in writing and the expenditure, contract, order,	51832
or schedule has been approved in writing by the superintendent as	51833
being in conformity with the fiscal statement.	51834

Any contract or expenditure made, order given, or schedule	51835
adopted or put into effect without the written approval of the	51836
superintendent of public instruction is void, and no warrant shall	51837
be issued in payment of any amount due thereon.	51838

(B) A board of education subject to division (A) of this	51839
section shall prepare a fiscal statement of expenses and	51840
expenditures for the ensuing fiscal year. The fiscal statement	51841
shall be submitted to the superintendent of public instruction and	51842
shall set forth all revenues to be received by the district during	51843
such year and their source, the expenses to be incurred by the	51844
district during such year, the outstanding and unpaid expenses on	51845
the first day of such fiscal year, the date or dates by which such	51846
expenses must be paid, and such other information as the	51847
superintendent requires to enable the superintendent to ensure	51848
that during such year, the district will not incur any expenses	51849
that will further impair its ability to operate an instructional	51850
program that meets or exceeds the minimum standards of the state	51851
board of education and requirements of the Revised Code during	51852
such year with the revenue available to it from existing revenue	51853
sources. The fiscal statement shall be presented at the time and	51854
in such detail and form as the superintendent prescribes. During	51855
the fiscal year following the year in which a board of education	51856
first becomes subject to division (A) of this section it shall not	51857
make any expenditure of money, make any employment, purchase, or	51858
rental contract, give any order involving the expenditure of	51859
money, or increase any wage or salary schedule unless the	51860
superintendent of public instruction has approved the fiscal	51861
statement submitted under this division in writing and has	51862
approved the expenditure, contract, order, or schedule in writing	51863
as being in conformity with the fiscal statement.	51864

Any contract or expenditure made, order given, or schedule	51865
adopted or put into effect without the written approval of the	51866
superintendent of public instruction is void, and no warrant shall	51867
be issued in payment of any amount due thereon.	51868

(C) The state board of education shall examine any fiscal	51869
statement presented to and approved by the superintendent of	51870
public instruction under division (B) of this section and shall	51871
determine whether the data set forth in the fiscal statement are	51872
factual and based upon assumptions that in its judgment are	51873
reasonable expectations consistent with acceptable governmental	51874
budget and accounting practices. If the state board so determines	51875
and finds that the revenues and expenditures in the fiscal	51876
statement are in balance for the fiscal year and the fiscal	51877
statement will enable the district to operate during such year	51878
without interrupting its school calendar, it shall certify its	51879
determination and finding to the district at least thirty days	51880
prior to the beginning of the fiscal year, and the district shall	51881
thereupon cease to be subject to this section. If the state board	51882
does not make such a determination and finding, the board of	51883
education and school district are subject to this division and	51884
division (B) of this section in the ensuing fiscal year and each	51885
fiscal year thereafter until the state board makes a	51886
determination, finding, and certification under this division.	51887

(D) Any officer, employee, or other person who knowingly	51888
expends or authorizes the expenditure of any public funds or	51889
knowingly authorizes or executes any contract, order, or schedule	51890
contrary to division (A) or (B) of this section or who knowingly	51891
expends or authorizes the expenditure of any public funds on any	51892
such void contract, order, or schedule is jointly and severally	51893
liable in person and upon any official bond that the officer,	51894
employee, or other person has given to such school district to the	51895
extent of any payments on the void claim, not to exceed twenty	51896
thousand dollars. The attorney general at the written request of	51897
the superintendent of public instruction shall enforce this	51898
liability by civil action brought in any court of appropriate	51899
jurisdiction in the name of and on behalf of the school district.	51900

(E) During each month that a board of education is subject to	51901
division (A), (B), or (C) of this section, the superintendent of	51902
public instruction shall submit a report to the speaker of the	51903
house of representatives and the president of the senate on the	51904
financial condition of the school district. The report shall	51905
contain the date by which the superintendent anticipates the	51906
district will cease to be subject to such divisions, the	51907
district's plans for becoming exempt from such section, and such	51908
other information the superintendent determines appropriate or the	51909
speaker of the house of representatives or president of the senate	51910
requests.	51911

In addition to the other reports required under this	51912
division, on the thirty-first day of each school district fiscal	51913
year following a fiscal year in which a school district first	51914
becomes subject to this section, the superintendent shall submit a	51915
written report to the speaker of the house of representatives and	51916
the president of the senate. The report shall include	51917
recommendations to the general assembly for strengthening the	51918
financial condition of school districts based upon the experiences	51919
of the superintendent and the state board in exercising their	51920
powers under this section and sections 3313.483 and 3313.487 of	51921
the Revised Code.	51922

(F) This section does not apply to a school district declared	51923
to be under a fiscal emergency pursuant to division (B) of section	51924
3316.03 of the Revised Code.	51925

Sec. 3313.4810. Any school district receiving a loan under	51926
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	51927
per cent of the general fund expenditures of the district during	51928
the fiscal year in which the loan is received and that has	51929
received a loan under that section within the last five years is	51930
subject to section 3313.488 of the Revised Code for the duration	51931
of the fiscal year in which the district receives the loan and	51932
during the ensuing two fiscal years. The controlling board may not	51933
relieve a school district to which this section applies from any	51934
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	51935
Revised Code to implement recommendations of the superintendent of	51936
public instruction for expenditure reduction and may not modify	51937
any other requirements imposed under such section upon such a	51938
district as a condition for receiving the loan unless expressly	51939
authorized to do so by law. The superintendent of public	51940
instruction shall, among any recommendations hethe superintendent	51941
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	51942
of the Revised Code affecting the number of employees of a school	51943
district to which this section applies, provide wherever possible	51944
for the retention of teachers who are actually involved in the	51945
daily teaching of students in the classroom.	51946

Sec. 3313.533. (A) The board of education of a city,	51947
exempted village, or local school district may adopt a resolution	51948
to establish and maintain an alternative school in accordance with	51949
this section. The resolution shall specify, but not necessarily be	51950
limited to, all of the following:	51951

(1) The purpose of the school, which purpose shall be to	51952
serve students who are on suspension, who are having truancy	51953
problems, who are experiencing academic failure, who have a	51954
history of class disruption, who are exhibiting other academic or	51955
behavioral problems specified in the resolution, or who have been	51956
discharged or released from the custody of the department of youth	51957
services under section 5139.51 of the Revised Code;	51958

(2) The grades served by the school, which may include any of	51959
grades kindergarten through twelve;	51960

(3) A requirement that the school be operated in accordance	51961
with this section. The board of education adopting the resolution	51962
under division (A) of this section shall be the governing board of	51963
the alternative school. The board shall develop and implement a	51964
plan for the school in accordance with the resolution establishing	51965
the school and in accordance with this section. Each plan shall	51966
include, but not necessarily be limited to, all of the following:	51967

(a) Specification of the reasons for which students will be	51968
accepted for assignment to the school and any criteria for	51969
admission that are to be used by the board to approve or	51970
disapprove the assignment of students to the school;	51971

(b) Specification of the criteria and procedures that will be	51972
used for returning students who have been assigned to the school	51973
back to the regular education program of the district;	51974

(c) An evaluation plan for assessing the effectiveness of the	51975
school and its educational program and reporting the results of	51976
the evaluation to the public.	51977

(B) Notwithstanding any provision of Title XXXIII of the	51978
Revised Code to the contrary, the alternative school plan may	51979
include any of the following:	51980

(1) A requirement that on each school day students must	51981
attend school or participate in other programs specified in the	51982
plan or by the chief administrative officer of the school for a	51983
period equal to the minimum school day set by the ~~state~~ board of	51984
education under section 3313.48 of the Revised Code plus any	51985
additional time required in the plan or by the chief	51986
administrative officer;	51987

(2) Restrictions on student participation in extracurricular	51988
or interscholastic activities;	51989

(3) A requirement that students wear uniforms prescribed by	51990
the district board of education.	51991

(C) In accordance with the alternative school plan, the	51992
district board of education may employ teachers and nonteaching	51993
employees necessary to carry out its duties and fulfill its	51994
responsibilities or may contract with a nonprofit or for profit	51995
entity to operate the alternative school, including the provision	51996
of personnel, supplies, equipment, or facilities.	51997

(D) An alternative school may be established in all or part	51998
of a school building.	51999

(E) If a district board of education elects under this	52000
section, or is required by section 3313.534 of the Revised Code,	52001
to establish an alternative school, the district board may join	52002
with the board of education of one or more other districts to form	52003
a joint alternative school by forming a cooperative education	52004
school district under section 3311.52 or 3311.521 of the Revised	52005
Code, or a joint educational program under section 3313.842 of the	52006
Revised Code. The authority to employ personnel or to contract	52007
with a nonprofit or for profit entity under division (C) of this	52008
section applies to any alternative school program established	52009
under this division.	52010

(F) Any individual employed as a teacher at an alternative	52011
school operated by a nonprofit or for profit entity under this	52012
section shall be licensed and shall be subject to background	52013
checks, as described in section 3319.39 of the Revised Code, in	52014
the same manner as an individual employed by a school district.	52015

(G) Division (G) of this section applies only to any	52016
alternative school that is operated by a nonprofit or for profit	52017
entity under contract with the school district.	52018

(1) In addition to the specifications authorized under	52019
division (B) of this section, any plan adopted under that division	52020
for an alternative school to which division (G) of this section	52021
also applies shall include the following:	52022

(a) A description of the educational program provided at the	52023
alternative school, which shall include:	52024

(i) Provisions for the school to be configured in clusters or	52025
small learning communities;	52026

(ii) Provisions for the incorporation of education technology	52027
into the curriculum;	52028

(iii) Provisions for accelerated learning programs in reading	52029
and mathematics.	52030

(b) A method to determine the reading and mathematics level	52031
of each student assigned to the alternative school and a method to	52032
continuously monitor each student's progress in those areas. The	52033
methods employed under this division shall be aligned with the	52034
curriculum adopted by the school district board of education under	52035
section 3313.60 of the Revised Code.	52036

(c) A plan for social services to be provided at the	52037
alternative school, such as, but not limited to, counseling	52038
services, psychological support services, and enrichment programs;	52039

(d) A plan for a student's transition from the alternative	52040
school back to a school operated by the school district;	52041

(e) A requirement that the alternative school maintain	52042
financial records in a manner that is compatible with the form	52043
prescribed for school districts by the auditor of state to enable	52044
the district to comply with any rules adopted by the auditor of	52045
state.	52046

(2) Notwithstanding division (A)(2) of this section, any	52047
alternative school to which division (G) of this section applies	52048
shall include only grades six through twelve.	52049

(3) Notwithstanding anything in division (A)(3)(a) of this	52050
section to the contrary, the characteristics of students who may	52051
be assigned to an alternative school to which division (G) of this	52052
section applies shall include only disruptive and low-performing	52053
students.	52054

(H) When any district board of education determines to	52055
contract with a nonprofit or for profit entity to operate an	52056
alternative school under this section, the board shall use the	52057
procedure set forth in this division.	52058

(1) The board shall publish notice of a request for proposals	52059
in a newspaper of general circulation in the district once each	52060
week for a period of two consecutive weeks, or as provided in	52061
section 7.16 of the Revised Code, prior to the date specified by	52062
the board for receiving proposals. Notices of requests for	52063
proposals shall contain a general description of the subject of	52064
the proposed contract and the location where the request for	52065
proposals may be obtained. The request for proposals shall include	52066
all of the following information:	52067

(a) Instructions and information to respondents concerning	52068
the submission of proposals, including the name and address of the	52069
office where proposals are to be submitted;	52070

(b) Instructions regarding communications, including at least	52071
the names, titles, and telephone numbers of persons to whom	52072
questions concerning a proposal may be directed;	52073

(c) A description of the performance criteria that will be	52074
used to evaluate whether a respondent to which a contract is	52075
awarded is meeting the district's educational standards or the	52076
method by which such performance criteria will be determined;	52077

(d) Factors and criteria to be considered in evaluating	52078
proposals, the relative importance of each factor or criterion,	52079
and a description of the evaluation procedures to be followed;	52080

(e) Any terms or conditions of the proposed contract,	52081
including any requirement for a bond and the amount of such bond;	52082

(f) Documents that may be incorporated by reference into the	52083
request for proposals, provided that the request for proposals	52084
specifies where such documents may be obtained and that such	52085
documents are readily available to all interested parties.	52086

(2) After the date specified for receiving proposals, the	52087
board shall evaluate the submitted proposals and may hold	52088
discussions with any respondent to ensure a complete understanding	52089
of the proposal and the qualifications of such respondent to	52090
execute the proposed contract. Such qualifications shall include,	52091
but are not limited to, all of the following:	52092

(a) Demonstrated competence in performance of the required	52093
services as indicated by effective implementation of educational	52094
programs in reading and mathematics and at least three years of	52095
experience successfully serving a student population similar to	52096
the student population assigned to the alternative school;	52097

(b) Demonstrated performance in the areas of cost	52098
containment, the provision of educational services of a high	52099
quality, and any other areas determined by the board;	52100

(c) Whether the respondent has the resources to undertake the	52101
operation of the alternative school and to provide qualified	52102
personnel to staff the school;	52103

(d) Financial responsibility.

52104

(3) The board shall select for further review at least three	52105
proposals from respondents the board considers qualified to	52106
operate the alternative school in the best interests of the	52107
students and the district. If fewer than three proposals are	52108
submitted, the board shall select each proposal submitted. The	52109
board may cancel a request for proposals or reject all proposals	52110
at any time prior to the execution of a contract.	52111

The board may hold discussions with any of the three selected	52112
respondents to clarify or revise the provisions of a proposal or	52113
the proposed contract to ensure complete understanding between the	52114
board and the respondent of the terms under which a contract will	52115
be entered. Respondents shall be accorded fair and equal treatment	52116
with respect to any opportunity for discussion regarding	52117
clarifications or revisions. The board may terminate or	52118
discontinue any further discussion with a respondent upon written	52119
notice.	52120

(4) Upon further review of the three proposals selected by	52121
the board, the board shall award a contract to the respondent the	52122
board considers to have the most merit, taking into consideration	52123
the scope, complexity, and nature of the services to be performed	52124
by the respondent under the contract.	52125

(5) Except as provided in division (H)(6) of this section,	52126
the request for proposals, submitted proposals, and related	52127
documents shall become public records under section 149.43 of the	52128
Revised Code after the award of the contract.	52129

(6) Any respondent may request in writing that the board not	52130
disclose confidential or proprietary information or trade secrets	52131
contained in the proposal submitted by the respondent to the	52132
board. Any such request shall be accompanied by an offer of	52133
indemnification from the respondent to the board. The board shall	52134
determine whether to agree to the request and shall inform the	52135
respondent in writing of its decision. If the board agrees to	52136
nondisclosure of specified information in a proposal, such	52137
information shall not become a public record under section 149.43	52138
of the Revised Code. If the respondent withdraws its proposal at	52139
any time prior to the execution of a contract, the proposal shall	52140
not be a public record under section 149.43 of the Revised Code.	52141

(I) Upon a recommendation from the department and in	52142
accordance with section 3301.16 of the Revised Code, the state	52143
board of education may revoke the charter of any alternative	52144
school operated by a school district that violates this section.	52145

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

52146

"Physician" means a person authorized under Chapter 4731. of	52147
the Revised Code to practice medicine and surgery or osteopathic	52148
medicine and surgery.	52149

"Chiropractor" means a person licensed under Chapter 4734. of	52150
the Revised Code to practice chiropractic.	52151

(B) No school district board of education or governing	52152
authority of a chartered or nonchartered nonpublic school shall	52153
permit a student to practice for or compete in interscholastic	52154
athletics until the student has submitted, to a school official	52155
designated by the board or governing authority, a form signed by	52156
the parent, guardian, or other person having care or charge of the	52157
student stating that the student and the parent, guardian, or	52158
other person having care or charge of the student have received	52159
the concussion and head injury information sheet required by	52160
section 3707.52 of the Revised Code. A completed form shall be	52161
submitted each school year, as defined in section 3313.62 of the	52162
Revised Code, for each sport or other category of interscholastic	52163
athletics for or in which the student practices or competes.	52164

(C)(1) No school district board of education or governing	52165
authority of a chartered or nonchartered nonpublic school shall	52166
permit an individual to coach interscholastic athletics unless the	52167
individual holds a pupil-activity program permit issued under	52168
section 3319.303 of the Revised Code for coaching interscholastic	52169
athletics.	52170

(2) No school district board of education or governing	52171
authority of a chartered or nonchartered nonpublic school shall	52172
permit an individual to referee interscholastic athletics unless	52173
the individual holds a pupil-activity program permit issued under	52174
section 3319.303 of the Revised Code for coaching interscholastic	52175
athletics or presents evidence that the individual has	52176
successfully completed, within the previous three years, a	52177
training program in recognizing the symptoms of concussions and	52178
head injuries to which the department of health has provided a	52179
link on its internet web site under section 3707.52 of the Revised	52180
Code or a training program authorized and required by an	52181
organization that regulates interscholastic conferences or events.	52182

(D) If a student practicing for or competing in an	52183
interscholastic athletic event exhibits signs, symptoms, or	52184
behaviors consistent with having sustained a concussion or head	52185
injury while participating in the practice or competition, the	52186
student shall be removed from the practice or competition by	52187
either of the following:	52188

(1) The individual who is serving as the student's coach	52189
during that practice or competition;	52190

(2) An individual who is serving as a referee during that	52191
practice or competition.	52192

(E)(1) If a student is removed from practice or competition	52193
under division (D) of this section, the coach or referee who	52194
removed the student shall not allow the student, on the same day	52195
the student is removed, to return to that practice or competition	52196
or to participate in any other practice or competition for which	52197
the coach or referee is responsible. Thereafter, the coach or	52198
referee shall not allow the student to return to that practice or	52199
competition or to participate in any other practice or competition	52200
for which the coach or referee is responsible until both of the	52201
following conditions are satisfied:	52202

(a) The student's condition is assessed by ~~either~~any of the	52203
following:	52204

(i) A physician;

52205

(ii) A chiropractor;

52206

(iii) Any other licensed health care provider the school	52207
district board of education or governing authority of the	52208
chartered or nonchartered nonpublic school, pursuant to division	52209
(E)(2) of this section, authorizes to assess a student who has	52210
been removed from practice or competition under division (D) of	52211
this section.	52212

(b) The student receives written clearance that it is safe	52213
for the student to return to practice or competition from a	52214
physician, chiropractor, or ~~from~~ another licensed health care	52215
provider authorized pursuant to division (E)(2) of this section to	52216
grant the clearance.	52217

(2) A school district board of education or governing	52218
authority of a chartered or nonchartered nonpublic school may	52219
authorize a licensed health care provider who is not a physician	52220
or a chiropractor to make an assessment or grant a clearance for	52221
purposes of division (E)(1) of this section only if the provider	52222
is acting in accordance with one of the following, as applicable	52223
to the provider's authority to practice in this state:	52224

(a) In consultation with a physician;

52225

(b) Pursuant to the referral of a physician;

52226

52227

(d) Under the supervision of a physician.

52228

(3) A physician, chiropractor, or other licensed health care	52229
provider who makes an assessment or grants a clearance for	52230
purposes of division (E)(1) of this section may be a volunteer.	52231

(F) A school district board of education or governing	52232
authority of a chartered or nonchartered nonpublic school that is	52233
subject to the rules of an interscholastic conference or an	52234
organization that regulates interscholastic conferences or events	52235
shall be considered to be in compliance with divisions (B), (D),	52236
and (E) of this section, as long as the requirements of those	52237
rules are substantially similar to the requirements of divisions	52238
(B), (D), and (E) of this section.	52239

(G)(1) A school district, member of a school district board	52240
of education, or school district employee or volunteer, including	52241
a coach or referee, is not liable in damages in a civil action for	52242
injury, death, or loss to person or property allegedly arising	52243
from providing services or performing duties under this section,	52244
unless the act or omission constitutes willful or wanton	52245
misconduct.	52246

This section does not eliminate, limit, or reduce any other	52247
immunity or defense that a school district, member of a school	52248
district board of education, or school district employee or	52249
volunteer, including a coach or referee, may be entitled to under	52250
Chapter 2744. or any other provision of the Revised Code or under	52251
the common law of this state.	52252

(2) A chartered or nonchartered nonpublic school or any	52253
officer, director, employee, or volunteer of the school, including	52254
a coach or referee, is not liable in damages in a civil action for	52255
injury, death, or loss to person or property allegedly arising	52256
from providing services or performing duties under this section,	52257
unless the act or omission constitutes willful or wanton	52258
misconduct.	52259

Sec. 3313.5311. (A) As used in this section and in section	52260
3313.5312 of the Revised Code, "extracurricular activity" has the	52261
same meaning as in section 3313.537 of the Revised Code.	52262

(B) If the nonpublic school in which the student is enrolled	52263
does not offer the extracurricular activity, a student enrolled in	52264
a chartered or nonchartered nonpublic school shall be afforded, by	52265
the superintendent of the school district in which the student is	52266
entitled to attend school under section 3313.64 or 3313.65 of the	52267
Revised Code, the opportunity to participate in that	52268
extracurricular activity at the district school to which the	52269
student otherwise would be assigned during that school year. If	52270
more than one school operated by the school district serves the	52271
student's grade level, as determined by the district	52272
superintendent based on the student's age and academic	52273
performance, the student shall be afforded the opportunity to	52274
participate in that extracurricular activity at the school to	52275
which the student would be assigned by the superintendent under	52276
section 3319.01 of the Revised Code.	52277

(C) The superintendent of any school district may afford any	52278
student enrolled in a nonpublic school, and who is not entitled to	52279
attend school in the district under section 3313.64 or 3313.65 of	52280
the Revised Code, the opportunity to participate in an	52281
extracurricular activity offered by a school of the district, if	52282
both of the following apply:	52283

(1) The nonpublic school in which the student is enrolled	52284
does not offer the extracurricular activity;	52285

(2) The extracurricular activity is not interscholastic	52286
athletics or interscholastic contests or competition in music,	52287
drama, or forensics.	52288

(D) In order to participate in an extracurricular activity	52289
under this section, the student shall be of the appropriate age	52290
and grade level, as determined by the superintendent of the	52291
district, for the school that offers the extracurricular activity,	52292
and shall fulfill the same academic, nonacademic, and financial	52293
requirements as any other participant.	52294

(E) No school district shall impose additional rules on a	52295
student to participate under this section that do not apply to	52296
other students participating in the same extracurricular activity.	52297
No district shall impose additional fees for a student to	52298
participate under this section that exceed any fees charged to	52299
other students participating in the same extracurricular activity.	52300

(F) A school district board of education may require a	52301
student enrolled in a chartered or nonchartered nonpublic school	52302
to enroll and participate in not more than one academic course at	52303
the school offering the extracurricular activity as a condition to	52304
participating in the activity. In that case, the board shall admit	52305
students seeking to enroll in an academic course to fulfill the	52306
requirement as space allows after first enrolling students	52307
assigned to that school.	52308

(G) No school district, interscholastic conference, or	52309
organization that regulates interscholastic conferences or events	52310
shall require a student who is eligible to participate in	52311
interscholastic extracurricular activities under this section to	52312
meet eligibility requirements that conflict with this section.	52313

Sec. 3313.5312. (A) A student who is receiving home	52314
instruction in accordance with division (A)(2) of section 3321.04	52315
of the Revised Code shall be afforded, by the superintendent of	52316
the school district in which the student is entitled to attend	52317
school under section 3313.64 or 3313.65 of the Revised Code, the	52318
opportunity to participate in any extracurricular activity offered	52319
at the district school to which the student otherwise would be	52320
assigned during that school year. If more than one school operated	52321
by the school district serves the student's grade level, as	52322
determined by the district superintendent based on the student's	52323
age and academic performance, the student shall be afforded the	52324
opportunity to participate in extracurricular activities at the	52325
school to which the student would be assigned by the	52326
superintendent under section 3319.01 of the Revised Code. If a	52327
student who is afforded the opportunity to participate in	52328
extracurricular activities under division (A) of this section	52329
wishes to participate in an activity that is offered by the	52330
district, the student shall not participate in that activity at	52331
another school or school district to which the student is not	52332
entitled to attend.	52333

(B) The superintendent of any school district may afford any	52334
student who receives home instruction under division (A)(2) of	52335
section 3321.04 of the Revised Code, and who is not entitled to	52336
attend school in the district under section 3313.64 or 3313.65 of	52337
the Revised Code, the opportunity to participate in any	52338
extracurricular activity offered by a school of the district, if	52339
the district to which the student is entitled to attend does not	52340
offer that extracurricular activity.	52341

(C) In order to participate in an extracurricular activity	52342
under this section, the student shall be of the appropriate age	52343
and grade level, as determined by the superintendent of the	52344
district, for the school that offers the extracurricular activity,	52345
shall fulfill the same nonacademic and financial requirements as	52346
any other participant, and shall fulfill either of the following	52347
academic requirements:	52348

(1) If the student received home instruction in the preceding	52349
grading period, the student shall meet any academic requirements	52350
established by the state board of education for the continuation	52351
of home instruction.	52352

(2) If the student did not receive home instruction in the	52353
preceding grading period, the student's academic performance	52354
during the preceding grading period shall have met any academic	52355
standards for eligibility to participate in the program	52356
established by the school district.	52357

(D) Eligibility for a student who leaves a school district	52358
mid-year for home instruction shall be determined based on an	52359
interim academic assessment issued by the district in which the	52360
student was enrolled based on the student's work while enrolled in	52361
that district.	52362

(E) Any student who commences home instruction after the	52363
beginning of a school year and who is, at the time home	52364
instruction commences, ineligible to participate in an	52365
extracurricular activity due to failure to meet academic standards	52366
or any other requirements of the district shall not participate in	52367
the extracurricular activity under this section until the student	52368
meets the academic requirements established by the state board of	52369
education for continuation of home instruction as verified by the	52370
superintendent of the district. No student under this section	52371
shall be eligible to participate in the same semester in which the	52372
student was determined ineligible.	52373

(F) No school district shall impose additional rules on a	52374
student to participate under this section that do not apply to	52375
other students participating in the same extracurricular activity.	52376
No district shall impose fees for a student to participate under	52377
this section that exceed any fees charged to other students	52378
participating in the same extracurricular activity.	52379

(G) A school district board of education may require a	52380
student who receives home instruction under division (A)(2) of	52381
section 3321.04 of the Revised Code to enroll and participate in	52382
not more than one academic course at the school offering the	52383
extracurricular activity as a condition to participating in the	52384
activity. In that case, the board shall admit students seeking to	52385
enroll in an academic course to fulfill the requirement as space	52386
allows after first enrolling students assigned to that school.	52387

(H) No school district, interscholastic conference, or	52388
organization that regulates interscholastic conferences or events	52389
shall require a student who is eligible to participate in	52390
interscholastic extracurricular activities under this section to	52391
meet eligibility requirements that conflict with this section.	52392

Sec. 3313.60. Notwithstanding division (D) of section	52393
3311.52 of the Revised Code, divisions (A) to (E) of this section	52394
do not apply to any cooperative education school district	52395
established pursuant to divisions (A) to (C) of section 3311.52 of	52396
the Revised Code.	52397

(A) The board of education of each city ~~and~~, exempted	52398
village, and local school district~~, the governing board of each~~	52399
~~educational service center,~~ and the board of each cooperative	52400
education school district established, pursuant to section	52401
3311.521 of the Revised Code, shall prescribe a curriculum for all	52402
schools under ~~their~~its control. Except as provided in division	52403
(E) of this section, in any such curriculum there shall be	52404
included the study of the following subjects:	52405

(1) The language arts, including reading, writing, spelling,	52406
oral and written English, and literature;	52407

(2) Geography, the history of the United States and of Ohio,	52408
and national, state, and local government in the United States,	52409
including a balanced presentation of the relevant contributions to	52410
society of men and women of African, Mexican, Puerto Rican, and	52411
American Indian descent as well as other ethnic and racial groups	52412
in Ohio and the United States;	52413

(3) Mathematics;

52414

(4) Natural science, including instruction in the	52415
conservation of natural resources;	52416

(5) Health education, which shall include instruction in:

52417

(a) The nutritive value of foods, including natural and	52418
organically produced foods, the relation of nutrition to health,	52419
and the use and effects of food additives;	52420

(b) The harmful effects of and legal restrictions against the	52421
use of drugs of abuse, alcoholic beverages, and tobacco;	52422

(c) Venereal disease education, except that upon written	52423
request of the student's parent or guardian, a student shall be	52424
excused from taking instruction in venereal disease education;	52425

(d) In grades kindergarten through six, instruction in	52426
personal safety and assault prevention, except that upon written	52427
request of the student's parent or guardian, a student shall be	52428
excused from taking instruction in personal safety and assault	52429
prevention;	52430

(e) In grades seven through twelve, age-appropriate	52431
instruction in dating violence prevention education, which shall	52432
include instruction in recognizing dating violence warning signs	52433
and characteristics of healthy relationships.	52434

In order to assist school districts in developing a dating	52435
violence prevention education curriculum, the department of	52436
education shall provide on its web site links to free curricula	52437
addressing dating violence prevention.	52438

If the parent or legal guardian of a student less than	52439
eighteen years of age submits to the principal of the student's	52440
school a written request to examine the dating violence prevention	52441
instruction materials used at that school, the principal, within a	52442
reasonable period of time after the request is made, shall allow	52443
the parent or guardian to examine those materials at that school.	52444

(6) Physical education;

52445

(7) The fine arts, including music;

52446

(8) First aid, including a training program in	52447
cardiopulmonary resuscitation, safety, and fire prevention, except	52448
that upon written request of the student's parent or guardian, a	52449
student shall be excused from taking instruction in	52450
cardiopulmonary resuscitation.	52451

(B) Except as provided in division (E) of this section, every	52452
school or school district shall include in the requirements for	52453
promotion from the eighth grade to the ninth grade one year's	52454
course of study of American history. A board may waive this	52455
requirement for academically accelerated students who, in	52456
accordance with procedures adopted by the board, are able to	52457
demonstrate mastery of essential concepts and skills of the eighth	52458
grade American history course of study.	52459

(C) As specified in divisions (B)(6) and (C)(6) of section	52460
3313.603 of the Revised Code, except as provided in division (E)	52461
of this section, every high school shall include in the	52462
requirements for graduation from any curriculum one-half unit each	52463
of American history and government.	52464

(D) Except as provided in division (E) of this section, basic	52465
instruction or demonstrated mastery in geography, United States	52466
history, the government of the United States, the government of	52467
the state of Ohio, local government in Ohio, the Declaration of	52468
Independence, the United States Constitution, and the Constitution	52469
of the state of Ohio shall be required before pupils may	52470
participate in courses involving the study of social problems,	52471
economics, foreign affairs, United Nations, world government,	52472
socialism, and communism.	52473

(E) For each cooperative education school district	52474
established pursuant to section 3311.521 of the Revised Code and	52475
each city, exempted village, and local school district that has	52476
territory within such a cooperative district, the curriculum	52477
adopted pursuant to divisions (A) to (D) of this section shall	52478
only include the study of the subjects that apply to the grades	52479
operated by each such school district. The curriculums for such	52480
schools, when combined, shall provide to each student of these	52481
districts all of the subjects required under divisions (A) to (D)	52482
of this section.	52483

(F) The board of education of any cooperative education	52484
school district established pursuant to divisions (A) to (C) of	52485
section 3311.52 of the Revised Code shall prescribe a curriculum	52486
for the subject areas and grade levels offered in any school under	52487
its control.	52488

(G) Upon the request of any parent or legal guardian of a	52489
student, the board of education of any school district shall	52490
permit the parent or guardian to promptly examine, with respect to	52491
the parent's or guardian's own child:	52492

(1) Any survey or questionnaire, prior to its administration	52493
to the child;	52494

(2) Any textbook, workbook, software, video, or other	52495
instructional materials being used by the district in connection	52496
with the instruction of the child;	52497

(3) Any completed and graded test taken or survey or	52498
questionnaire filled out by the child;	52499

(4) Copies of the statewide academic standards and each model	52500
curriculum developed pursuant to section 3301.079 of the Revised	52501
Code, which copies shall be available at all times during school	52502
hours in each district school building.	52503

Sec. 3313.603. (A) As used in this section:

52504

(1) "One unit" means a minimum of one hundred twenty hours of	52505
course instruction, except that for a laboratory course, "one	52506
unit" means a minimum of one hundred fifty hours of course	52507
instruction.	52508

(2) "One-half unit" means a minimum of sixty hours of course	52509
instruction, except that for physical education courses, "one-half	52510
unit" means a minimum of one hundred twenty hours of course	52511
instruction.	52512

(3) "Internet- or computer-based community school" has the	52513
same meaning as in section 3314.02 of the Revised Code.	52514

(4) "Child with a disability" and "IEP" have the same	52515
meanings as in section 3323.01 of the Revised Code.	52516

(B) Beginning September 15, 2001, except as required in	52517
division (C) of this section and division (C) of section 3313.614	52518
of the Revised Code, the requirements for graduation from every	52519
high school shall include twenty units earned in grades nine	52520
through twelve and shall be distributed as follows:	52521

(1) English language arts, four units;

52522

(2) Health, one-half unit;

52523

(3) Mathematics, three units;

52524

(4) Physical education, one-half unit;

52525

(5) Science, two units until September 15, 2003, and three	52526
units thereafter, which at all times shall include both of the	52527
following:	52528

(a) Biological sciences, one unit;

52529

(b) Physical sciences, one unit.

52530

(6) History and government, one unit, which shall comply with	52531
division (M) of this section and shall include both of the	52532
following:	52533

(a) American history, one-half unit;

52534

(b) American government, one-half unit.

52535

(7) Social studies, two units.

52536

(8) Elective units, seven units until September 15, 2003, and	52537
six units thereafter.	52538

Each student's electives shall include at least one unit, or	52539
two half units, chosen from among the areas of	52540
business/technology, fine arts, and/or foreign language.	52541

(C) Beginning with students who enter ninth grade for the	52542
first time on or after July 1, 2010, except as provided in	52543
divisions (D) to (F) of this section, the requirements for	52544
graduation from every public and chartered nonpublic high school	52545
shall include twenty units that are designed to prepare students	52546
for the workforce and college. The units shall be distributed as	52547
follows:	52548

(1) English language arts, four units;

52549

(2) Health, one-half unit, which shall include instruction in	52550
nutrition and the benefits of nutritious foods and physical	52551
activity for overall health;	52552

(3) Mathematics, four units, which shall include one unit of	52553
algebra II or the equivalent of algebra II;	52554

(4) Physical education, one-half unit;

52555

(5) Science, three units with inquiry-based laboratory	52556
experience that engages students in asking valid scientific	52557
questions and gathering and analyzing information, which shall	52558
include the following, or their equivalent:	52559

(a) Physical sciences, one unit;

52560

(b) Life sciences, one unit;

52561

(c) Advanced study in one or more of the following sciences,	52562
one unit:	52563

(i) Chemistry, physics, or other physical science;

52564

(ii) Advanced biology or other life science;

52565

(iii) Astronomy, physical geology, or other earth or space	52566
science.	52567

(6) History and government, one unit, which shall comply with	52568
division (M) of this section and shall include both of the	52569
following:	52570

(a) American history, one-half unit;

52571

(b) American government, one-half unit.

52572

(7) Social studies, two units.

52573

Each school shall integrate the study of economics and	52574
financial literacy, as expressed in the social studies academic	52575
content standards adopted by the state board of education under	52576
division (A)(1) of section 3301.079 of the Revised Code and the	52577
academic content standards for financial literacy and	52578
entrepreneurship adopted under division (A)(2) of that section,	52579
into one or more existing social studies credits required under	52580
division (C)(7) of this section, or into the content of another	52581
class, so that every high school student receives instruction in	52582
those concepts. In developing the curriculum required by this	52583
paragraph, schools shall use available public-private partnerships	52584
and resources and materials that exist in business, industry, and	52585
through the centers for economics education at institutions of	52586
higher education in the state.	52587

(8) Five units consisting of one or any combination of	52588
foreign language, fine arts, business, career-technical education,	52589
family and consumer sciences, technology, agricultural education,	52590
a junior reserve officer training corps (JROTC) program approved	52591
by the congress of the United States under title 10 of the United	52592
States Code, or English language arts, mathematics, science, or	52593
social studies courses not otherwise required under division (C)	52594
of this section.	52595

Ohioans must be prepared to apply increased knowledge and	52596
skills in the workplace and to adapt their knowledge and skills	52597
quickly to meet the rapidly changing conditions of the	52598
twenty-first century. National studies indicate that all high	52599
school graduates need the same academic foundation, regardless of	52600
the opportunities they pursue after graduation. The goal of Ohio's	52601
system of elementary and secondary education is to prepare all	52602
students for and seamlessly connect all students to success in	52603
life beyond high school graduation, regardless of whether the next	52604
step is entering the workforce, beginning an apprenticeship,	52605
engaging in post-secondary training, serving in the military, or	52606
pursuing a college degree.	52607

The Ohio core curriculum is the standard expectation for all	52608
students entering ninth grade for the first time at a public or	52609
chartered nonpublic high school on or after July 1, 2010. A	52610
student may satisfy this expectation through a variety of methods,	52611
including, but not limited to, integrated, applied,	52612
career-technical, and traditional coursework.	52613

Whereas teacher quality is essential for student success in	52614
completing the Ohio core curriculum, the general assembly shall	52615
appropriate funds for strategic initiatives designed to strengthen	52616
schools' capacities to hire and retain highly qualified teachers	52617
in the subject areas required by the curriculum. Such initiatives	52618
are expected to require an investment of $120,000,000 over five	52619
years.	52620

Stronger coordination between high schools and institutions	52621
of higher education is necessary to prepare students for more	52622
challenging academic endeavors and to lessen the need for academic	52623
remediation in college, thereby reducing the costs of higher	52624
education for Ohio's students, families, and the state. The state	52625
board and the chancellor of the Ohio board of regents shall	52626
develop policies to ensure that only in rare instances will	52627
students who complete the Ohio core curriculum require academic	52628
remediation after high school.	52629

School districts, community schools, and chartered nonpublic	52630
schools shall integrate technology into learning experiences	52631
across the curriculum in order to maximize efficiency, enhance	52632
learning, and prepare students for success in the	52633
technology-driven twenty-first century. Districts and schools	52634
shall use distance and web-based course delivery as a method of	52635
providing or augmenting all instruction required under this	52636
division, including laboratory experience in science. Districts	52637
and schools shall utilize technology access and electronic	52638
learning opportunities provided by the ~~eTech Ohio~~broadcast	52639
educational media commission, chancellor, the Ohio learning	52640
network, education technology centers, public television stations,	52641
and other public and private providers.	52642

(D) Except as provided in division (E) of this section, a	52643
student who enters ninth grade on or after July 1, 2010, and	52644
before July 1, 2014, may qualify for graduation from a public or	52645
chartered nonpublic high school even though the student has not	52646
completed the Ohio core curriculum prescribed in division (C) of	52647
this section if all of the following conditions are satisfied:	52648

(1) After the student has attended high school for two years,	52649
as determined by the school, the student and the student's parent,	52650
guardian, or custodian sign and file with the school a written	52651
statement asserting the parent's, guardian's, or custodian's	52652
consent to the student's graduating without completing the Ohio	52653
core curriculum and acknowledging that one consequence of not	52654
completing the Ohio core curriculum is ineligibility to enroll in	52655
most state universities in Ohio without further coursework.	52656

(2) The student and parent, guardian, or custodian fulfill	52657
any procedural requirements the school stipulates to ensure the	52658
student's and parent's, guardian's, or custodian's informed	52659
consent and to facilitate orderly filing of statements under	52660
division (D)(1) of this section.	52661

(3) The student and the student's parent, guardian, or	52662
custodian and a representative of the student's high school	52663
jointly develop an individual career plan for the student that	52664
specifies the student matriculating to a two-year degree program,	52665
acquiring a business and industry credential, or entering an	52666
apprenticeship.	52667

(4) The student's high school provides counseling and support	52668
for the student related to the plan developed under division	52669
(D)(3) of this section during the remainder of the student's high	52670
school experience.	52671

(5) The student successfully completes, at a minimum, the	52672
curriculum prescribed in division (B) of this section.	52673

The department of education, in collaboration with the	52674
chancellor, shall analyze student performance data to determine if	52675
there are mitigating factors that warrant extending the exception	52676
permitted by division (D) of this section to high school classes	52677
beyond those entering ninth grade before July 1, 2014. The	52678
department shall submit its findings and any recommendations not	52679
later than August 1, 2014, to the speaker and minority leader of	52680
the house of representatives, the president and minority leader of	52681
the senate, the chairpersons and ranking minority members of the	52682
standing committees of the house of representatives and the senate	52683
that consider education legislation, the state board of education,	52684
and the superintendent of public instruction.	52685

(E) Each school district and chartered nonpublic school	52686
retains the authority to require an even more rigorous minimum	52687
curriculum for high school graduation than specified in division	52688
(B) or (C) of this section. A school district board of education,	52689
through the adoption of a resolution, or the governing authority	52690
of a chartered nonpublic school may stipulate any of the	52691
following:	52692

(1) A minimum high school curriculum that requires more than	52693
twenty units of academic credit to graduate;	52694

(2) An exception to the district's or school's minimum high	52695
school curriculum that is comparable to the exception provided in	52696
division (D) of this section but with additional requirements,	52697
which may include a requirement that the student successfully	52698
complete more than the minimum curriculum prescribed in division	52699
(B) of this section;	52700

(3) That no exception comparable to that provided in division	52701
(D) of this section is available.	52702

(F) A student enrolled in a dropout prevention and recovery	52703
program, which program has received a waiver from the department,	52704
may qualify for graduation from high school by successfully	52705
completing a competency-based instructional program administered	52706
by the dropout prevention and recovery program in lieu of	52707
completing the Ohio core curriculum prescribed in division (C) of	52708
this section. The department shall grant a waiver to a dropout	52709
prevention and recovery program, within sixty days after the	52710
program applies for the waiver, if the program meets all of the	52711
following conditions:	52712

(1) The program serves only students not younger than sixteen	52713
years of age and not older than twenty-one years of age.	52714

(2) The program enrolls students who, at the time of their	52715
initial enrollment, either, or both, are at least one grade level	52716
behind their cohort age groups or experience crises that	52717
significantly interfere with their academic progress such that	52718
they are prevented from continuing their traditional programs.	52719

(3) The program requires students to attain at least the	52720
applicable score designated for each of the assessments prescribed	52721
under division (B)(1) of section 3301.0710 of the Revised Code or,	52722
to the extent prescribed by rule of the state board under division	52723
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	52724
of that section.	52725

(4) The program develops an individual career plan for the	52726
student that specifies the student's matriculating to a two-year	52727
degree program, acquiring a business and industry credential, or	52728
entering an apprenticeship.	52729

(5) The program provides counseling and support for the	52730
student related to the plan developed under division (F)(4) of	52731
this section during the remainder of the student's high school	52732
experience.	52733

(6) The program requires the student and the student's	52734
parent, guardian, or custodian to sign and file, in accordance	52735
with procedural requirements stipulated by the program, a written	52736
statement asserting the parent's, guardian's, or custodian's	52737
consent to the student's graduating without completing the Ohio	52738
core curriculum and acknowledging that one consequence of not	52739
completing the Ohio core curriculum is ineligibility to enroll in	52740
most state universities in Ohio without further coursework.	52741

(7) Prior to receiving the waiver, the program has submitted	52742
to the department an instructional plan that demonstrates how the	52743
academic content standards adopted by the state board under	52744
section 3301.079 of the Revised Code will be taught and assessed.	52745

If the department does not act either to grant the waiver or	52746
to reject the program application for the waiver within sixty days	52747
as required under this section, the waiver shall be considered to	52748
be granted.	52749

(G) Every high school may permit students below the ninth	52750
grade to take advanced work. If a high school so permits, it shall	52751
award high school credit for successful completion of the advanced	52752
work and shall count such advanced work toward the graduation	52753
requirements of division (B) or (C) of this section if the	52754
advanced work was both:	52755

(1) Taught by a person who possesses a license or certificate	52756
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	52757
Code that is valid for teaching high school;	52758

(2) Designated by the board of education of the city, local,	52759
or exempted village school district, the board of the cooperative	52760
education school district, or the governing authority of the	52761
chartered nonpublic school as meeting the high school curriculum	52762
requirements.	52763

Each high school shall record on the student's high school	52764
transcript all high school credit awarded under division (G) of	52765
this section. In addition, if the student completed a seventh- or	52766
eighth-grade fine arts course described in division (K) of this	52767
section and the course qualified for high school credit under that	52768
division, the high school shall record that course on the	52769
student's high school transcript.	52770

(H) The department shall make its individual academic career	52771
plan available through its Ohio career information system web site	52772
for districts and schools to use as a tool for communicating with	52773
and providing guidance to students and families in selecting high	52774
school courses.	52775

(I) Units earned in English language arts, mathematics,	52776
science, and social studies that are delivered through integrated	52777
academic and career-technical instruction are eligible to meet the	52778
graduation requirements of division (B) or (C) of this section.	52779

(J) The state board, in consultation with the chancellor,	52780
shall adopt a statewide plan implementing methods for students to	52781
earn units of high school credit based on a demonstration of	52782
subject area competency, instead of or in combination with	52783
completing hours of classroom instruction. The state board shall	52784
adopt the plan not later than March 31, 2009, and commence phasing	52785
in the plan during the 2009-2010 school year. The plan shall	52786
include a standard method for recording demonstrated proficiency	52787
on high school transcripts. Each school district and community	52788
school shall comply with the state board's plan adopted under this	52789
division and award units of high school credit in accordance with	52790
the plan. The state board may adopt existing methods for earning	52791
high school credit based on a demonstration of subject area	52792
competency as necessary prior to the 2009-2010 school year.	52793

(K) This division does not apply to students who qualify for	52794
graduation from high school under division (D) or (F) of this	52795
section, or to students pursuing a career-technical instructional	52796
track as determined by the school district board of education or	52797
the chartered nonpublic school's governing authority.	52798
Nevertheless, the general assembly encourages such students to	52799
consider enrolling in a fine arts course as an elective.	52800

Beginning with students who enter ninth grade for the first	52801
time on or after July 1, 2010, each student enrolled in a public	52802
or chartered nonpublic high school shall complete two semesters or	52803
the equivalent of fine arts to graduate from high school. The	52804
coursework may be completed in any of grades seven to twelve. Each	52805
student who completes a fine arts course in grade seven or eight	52806
may elect to count that course toward the five units of electives	52807
required for graduation under division (C)(8) of this section, if	52808
the course satisfied the requirements of division (G) of this	52809
section. In that case, the high school shall award the student	52810
high school credit for the course and count the course toward the	52811
five units required under division (C)(8) of this section. If the	52812
course in grade seven or eight did not satisfy the requirements of	52813
division (G) of this section, the high school shall not award the	52814
student high school credit for the course but shall count the	52815
course toward the two semesters or the equivalent of fine arts	52816
required by this division.	52817

(L)(1) Notwithstanding anything to the contrary in this	52818
section, the board of education of each school district and the	52819
governing authority of each chartered nonpublic school may adopt a	52820
policy to excuse from the high school physical education	52821
requirement each student who, during high school, has participated	52822
in interscholastic athletics, marching band, or cheerleading for	52823
at least two full seasons or in the junior reserve officer	52824
training corps for at least two full school years. If the board or	52825
authority adopts such a policy, the board or authority shall not	52826
require the student to complete any physical education course as a	52827
condition to graduate. ~~However~~	52828

(2) Notwithstanding anything to the contrary in this section,	52829
the following students shall be excused from the high school	52830
physical education requirement prescribed by this section:	52831

(a) A student enrolled in an internet- or computer-based	52832
community school;	52833

(b) To the extent that division (L)(2) does not conflict with	52834
the child's IEP, any child with a disability.	52835

(3) However, ~~the~~any student excused from the physical	52836
education requirement under division (L) of this section shall be	52837
required to complete one-half unit, consisting of at least sixty	52838
hours of instruction, in another course of study. In the case of a	52839
student who has participated in the junior reserve officer	52840
training corps for at least two full school years, credit received	52841
for that participation may be used to satisfy the requirement to	52842
complete one-half unit in another course of study.	52843

(M) It is important that high school students learn and	52844
understand United States history and the governments of both the	52845
United States and the state of Ohio. Therefore, beginning with	52846
students who enter ninth grade for the first time on or after July	52847
1, 2012, the study of American history and American government	52848
required by divisions (B)(6) and (C)(6) of this section shall	52849
include the study of all of the following documents:	52850

(1) The Declaration of Independence;

52851

(2) The Northwest Ordinance;

52852

(3) The Constitution of the United States with emphasis on	52853
the Bill of Rights;	52854

(4) The Ohio Constitution.

52855

The study of each of the documents prescribed in divisions	52856
(M)(1) to (4) of this section shall include study of that document	52857
in its original context.	52858

The study of American history and government required by	52859
divisions (B)(6) and (C)(6) of this section shall include the	52860
historical evidence of the role of documents such as the	52861
Federalist Papers and the Anti-Federalist Papers to firmly	52862
establish the historical background leading to the establishment	52863
of the provisions of the Constitution and Bill of Rights.	52864

Sec. 3313.6013. (A) As used in this section, "dual enrollment	52865
program" means a program that enables a student to earn credit	52866
toward a degree from an institution of higher education while	52867
enrolled in high school or that enables a student to complete	52868
coursework while enrolled in high school that may earn credit	52869
toward a degree from an institution of higher education upon the	52870
student's attainment of a specified score on an examination	52871
covering the coursework. Dual enrollment programs may include any	52872
of the following:	52873

(1) The post-secondary enrollment options program established	52874
under Chapter 3365. of the Revised Code;	52875

(2) Advanced placement courses;

52876

(3) Any similar program established pursuant to an agreement	52877
between a school district or chartered nonpublic high school and	52878
an institution of higher education;	52879

(4) Early college high schools.

52880

(B) Each city, local, exempted village, and joint vocational	52881
school district and each chartered nonpublic high school shall	52882
provide students enrolled in grades nine through twelve with the	52883
opportunity to participate in a dual enrollment program. For this	52884
purpose, each school district and chartered nonpublic high school	52885
shall offer at least one dual enrollment program in accordance	52886
with division (B)(1) or (2) of this section, as applicable.	52887

(1) A city, local, or exempted village school district meets	52888
the requirements of this division through its mandatory	52889
participation in the post-secondary enrollment options program	52890
established under Chapter 3365. of the Revised Code. However, a	52891
city, local, or exempted village school district may offer any	52892
other dual enrollment program, in addition to the post-secondary	52893
enrollment options program, and each joint vocational school	52894
district shall offer at least one other dual enrollment program,	52895
to students in good standing, as defined by the partnership for	52896
continued learning under section 3301.42 of the Revised Code as it	52897
existed prior to October 16, 2009, or as subsequently defined by	52898
the department of education.	52899

(2) A chartered nonpublic high school that elects to	52900
participate in the post-secondary enrollment options program	52901
established under Chapter 3365. of the Revised Code meets the	52902
requirements of this division. Each chartered nonpublic high	52903
school that elects not to participate in the post-secondary	52904
enrollment options program instead shall offer at least one other	52905
dual enrollment program to students in good standing, as defined	52906
by the partnership for continued learning under section 3301.42 of	52907
the Revised Code as it existed prior to October 16, 2009, or as	52908
subsequently defined by the department of education.	52909

(C) Each school district and each chartered nonpublic high	52910
school shall provide information about the dual enrollment	52911
programs offered by the district or school to all students	52912
enrolled in grades eight through eleven.	52913

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	52914
the department of education shall administer a pilot program	52915
requiring daily physical activity for students. Any school	52916
district; community school established under Chapter 3314. of the	52917
Revised Code; science, technology, engineering, and mathematics	52918
school established under Chapter 3326. of the Revised Code; or	52919
chartered nonpublic school annually may elect to participate in	52920
the pilot program by notifying the department of its interest by a	52921
date established by the department. If a school district elects to	52922
participate in the pilot program, ~~each school building operated by~~	52923
~~the district shall be required~~the district shall select one or	52924
more school buildings to participate in the program. To the	52925
maximum extent possible, the department shall seek to include in	52926
the pilot program districts and schools that are located in urban,	52927
suburban, and rural areas distributed geographically throughout	52928
the state. The department shall administer the pilot program in	52929
accordance with this section.	52930

(B) Except as provided in division (C) of this section, each	52931
district or school participating in the pilot program shall	52932
require all students in ~~each of grades kindergarten through twelve~~	52933
the school building selected under division (A) of this section to	52934
engage in at least thirty minutes of moderate to rigorous physical	52935
activity each school day or at least one hundred fifty minutes of	52936
moderate to rigorous physical activity each week, exclusive of	52937
recess. Physical activity engaged in during the following may	52938
count toward the daily requirement:	52939

(1) A physical education course;

52940

(2) A program or activity occurring before or after the	52941
regular school day, as defined in section 3313.814 of the Revised	52942
Code, that is sponsored or approved by the school of attendance,	52943
provided school officials are able to monitor students'	52944
participation to ensure compliance with the requirement.	52945

(C) None of the following shall be subject to the requirement	52946
of division (B) of this section:	52947

(1) Any student enrolled in the post-secondary enrollment	52948
options program established under Chapter 3365. of the Revised	52949
Code;	52950

(2) Any student enrolled in a career-technical education	52951
program operated by the district or school;	52952

(3) Any student enrolled in a dropout prevention and recovery	52953
program operated by the district or school;	52954

(4) Any student enrolled in an internet- or computer-based	52955
community school;	52956

(5) Any child with a disability, to the extent that division	52957
(C)(5) of this section does not conflict with the child's IEP. As	52958
used in this section, "child with a disability" and "IEP" have the	52959
same meanings as in section 3323.01 of the Revised Code.	52960

(D) For any period in which a student is participating in	52961
interscholastic athletics, marching band, cheerleading, or a	52962
junior reserve officer training corps program, the district or	52963
school may excuse the student from the requirement of division (B)	52964
of this section.	52965

(E) The district or school may excuse any kindergarten	52966
student who is not enrolled in all-day kindergarten, as defined in	52967
section 3321.05 of the Revised Code, from the requirement of	52968
division (B) of this section.	52969

(F) Each district or school annually shall report to the	52970
department, in the manner prescribed by the department, how the	52971
district or school implemented the thirty minutes of daily	52972
physical activity and the financial costs of implementation. The	52973
department shall issue an annual report of the data collected	52974
under this division.	52975

Sec. 3313.6018. (A) As used in this section and section	52976
3313.6019 of the Revised Code, "extended programming" means	52977
extended programming as described in section 3301.0725 of the	52978
Revised Code.	52979

(B) Except as provided in division (C) of section 3313.6019	52980
of the Revised Code, extended programming shall be used for	52981
activities that involve direct contact with students or are	52982
directly related to student programs and activities. On any given	52983
day that extended programming is provided, it shall be provided	52984
for at least one hour.	52985

Sec. 3313.6019. (A) Not later than December 31, 2013, the	52986
department of education shall issue a report with recommendations	52987
for quality agricultural education programs. These recommendations	52988
shall be developed using both of the following:	52989

(1) The standards for exemplary agricultural education that	52990
are described in the national quality program standards for	52991
secondary (grades 9-12) agricultural education developed by the	52992
national council for agricultural education or a successor	52993
document developed by the national council for agricultural	52994
education or its successor;	52995

(2) The quality program standards for Ohio's agricultural and	52996
environmental systems career field programs or a successor	52997
document developed by the department, the Ohio association of	52998
agricultural educators, the Ohio state university, and wilmington	52999
college of Ohio.	53000

The report shall include the appropriate use of extended	53001
programming in agricultural education programs and the recommended	53002
number of hours outside the normal school day that licensed	53003
educators may be permitted to provide extended programming	53004
instruction. Following the initial issuance of the report, the	53005
department may periodically review and update the report as it	53006
considers necessary.	53007

(B) All agricultural education instructors shall utilize a	53008
three-part model of agricultural education instruction of	53009
classroom instruction, FFA activities, and extended programming	53010
projects.	53011

(C) Professional development associated with agricultural	53012
education shall be considered an acceptable use of extended	53013
student programming funds.	53014

(D) All agricultural education instructors shall submit a	53015
monthly time log to the principal of the school at which the	53016
extended programming is offered, or the principal's designee, for	53017
review.	53018

Sec. 3313.612. (A) No nonpublic school chartered by the	53019
state board of education shall grant a high school diploma to any	53020
person unless, subject to section 3313.614 of the Revised Code,	53021
the person has met the assessment requirements of division (A)(1)	53022
or (2) of this section, as applicable.	53023

(1) If the person entered the ninth grade prior to the date	53024
prescribed by rule of the state board under division (D)(2) of	53025
section 3301.0712 of the Revised Code, the person has attained at	53026
least the applicable scores designated under division (B)(1) of	53027
section 3301.0710 of the Revised Code on all the assessments	53028
required by that division, or has satisfied the alternative	53029
conditions prescribed in section 3313.615 of the Revised Code.	53030

(2) If the person entered the ninth grade on or after the	53031
date prescribed by rule of the state board under division (E)(2)	53032
of section 3301.0712 of the Revised Code, the person has met the	53033
requirements of the entire assessment system prescribed under	53034
division (B)(2) of section 3301.0710 of the Revised Code.	53035

(B) This section does not apply to ~~either~~any of the	53036
following:	53037

(1) Any person with regard to any assessment from which the	53038
person was excused pursuant to division (C)(1)(c) of section	53039
3301.0711 of the Revised Code;	53040

(2) Any person that attends a nonpublic school accredited	53041
through the independent school association of the central states	53042
with regard to any end-of-course examination required under	53043
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;	53044

(3) Any person with regard to the social studies assessment	53045
under division (B)(1) of section 3301.0710 of the Revised Code,	53046
any American history end-of-course examination and any American	53047
government end-of-course examination required under division	53048
(B)(2) of that section if such an exemption is prescribed by rule	53049
of the state board of education under division (D)(4) of section	53050
3301.0712 of the Revised Code, or the citizenship test under	53051
former division (B) of section 3301.0710 of the Revised Code as it	53052
existed prior to September 11, 2001, if all of the following	53053
apply:	53054

(a) The person is not a citizen of the United States;

53055

(b) The person is not a permanent resident of the United	53056
States;	53057

(c) The person indicates no intention to reside in the United	53058
States after completion of high school.	53059

(C) As used in this division, "limited English proficient	53060
student" has the same meaning as in division (C)(3) of section	53061
3301.0711 of the Revised Code.	53062

Notwithstanding division (C)(3) of section 3301.0711 of the	53063
Revised Code, no limited English proficient student who has not	53064
either attained the applicable scores designated under division	53065
(B)(1) of section 3301.0710 of the Revised Code on all the	53066
assessments required by that division, or met the requirements of	53067
the assessments under division (B)(2) of that section, shall be	53068
awarded a diploma under this section.	53069

Sec. 3313.615. This section shall apply to diplomas awarded	53070
after September 15, 2006, to students who are required to take the	53071
five Ohio graduation tests prescribed by division (B)(1) of	53072
section 3301.0710 of the Revised Code.	53073

(A) As an alternative to the requirement that a person attain	53074
the scores designated under division (B)(1) of section 3301.0710	53075
of the Revised Code on all the assessments required under that	53076
division in order to be eligible for a high school diploma or an	53077
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	53078
Revised Code or for a diploma of adult education under section	53079
3313.611 of the Revised Code, a person who has attained at least	53080
the applicable scores designated under division (B)(1) of section	53081
3301.0710 of the Revised Code on all but one of the assessments	53082
required by that division and from which the person was not	53083
excused or exempted, pursuant to division (L) of section 3313.61,	53084
division (B)(1) of section 3313.612, or section 3313.532 of the	53085
Revised Code, may be awarded a diploma or honors diploma if the	53086
person has satisfied all of the following conditions:	53087

(1) On the one assessment required under division (B)(1) of	53088
section 3301.0710 of the Revised Code for which the person failed	53089
to attain the designated score, the person missed that score by	53090
ten points or less;	53091

(2) Has a ninety-seven per cent school attendance rate in	53092
each of the last four school years, excluding any excused	53093
absences;	53094

(3) Has not been expelled from school under section 3313.66	53095
of the Revised Code in any of the last four school years;	53096

(4) Has a grade point average of at least 2.5 out of 4.0, or	53097
its equivalent as designated in rules adopted by the state board	53098
of education, in the subject area of the assessment required under	53099
division (B)(1) of section 3301.0710 of the Revised Code for which	53100
the person failed to attain the designated score;	53101

(5) Has completed the high school curriculum requirements	53102
prescribed in section 3313.603 of the Revised Code or has	53103
qualified under division (D) or (F) of that section;	53104

(6) Has taken advantage of any intervention programs provided	53105
by the school district or school in the subject area described in	53106
division (A)(4) of this section and has a ninety-seven per cent	53107
attendance rate, excluding any excused absences, in any of those	53108
programs that are provided at times beyond the normal school day,	53109
school week, or school year or has received comparable	53110
intervention services from a source other than the school district	53111
or school;	53112

(7) Holds a letter recommending graduation from each of the	53113
person's high school teachers in the subject area described in	53114
division (A)(4) of this section and from the person's high school	53115
principal.	53116

(B) The state board of education shall establish rules	53117
designating grade point averages equivalent to the average	53118
specified in division (A)(4) of this section for use by school	53119
districts and schools with different grading systems.	53120

(C) Any student who is exempt from attaining the applicable	53121
score designated under division (B)(1) of section 3301.0710 of the	53122
Revised Code on the Ohio graduation test in social studies	53123
pursuant to division (H) of section 3313.61 or division (B)~~(2)~~(3)	53124
of section 3313.612 of the Revised Code shall not qualify for a	53125
high school diploma under this section, unless, notwithstanding	53126
the exemption, the student attains the applicable score on that	53127
assessment. If the student attains the applicable score on that	53128
assessment, the student may qualify for a diploma under this	53129
section in the same manner as any other student who is required to	53130
take the five Ohio graduation tests prescribed by division (B)(1)	53131
of section 3301.0710 of the Revised Code.	53132

Sec. 3313.62. The school year shall begin on the first day	53133
of July of each calendar year and close on the thirtieth day of	53134
June of the succeeding calendar year. A school week shall consist	53135
of five days~~, and a school month of four school weeks~~. A chartered	53136
nonpublic school may be open for instruction with pupils in	53137
attendance on any day of the week, including Saturday or Sunday.	53138

Sec. 3313.64. (A) As used in this section and in section	53139
3313.65 of the Revised Code:	53140

(1)(a) Except as provided in division (A)(1)(b) of this	53141
section, "parent" means either parent, unless the parents are	53142
separated or divorced or their marriage has been dissolved or	53143
annulled, in which case "parent" means the parent who is the	53144
residential parent and legal custodian of the child. When a child	53145
is in the legal custody of a government agency or a person other	53146
than the child's natural or adoptive parent, "parent" means the	53147
parent with residual parental rights, privileges, and	53148
responsibilities. When a child is in the permanent custody of a	53149
government agency or a person other than the child's natural or	53150
adoptive parent, "parent" means the parent who was divested of	53151
parental rights and responsibilities for the care of the child and	53152
the right to have the child live with the parent and be the legal	53153
custodian of the child and all residual parental rights,	53154
privileges, and responsibilities.	53155

(b) When a child is the subject of a power of attorney	53156
executed under sections 3109.51 to 3109.62 of the Revised Code,	53157
"parent" means the grandparent designated as attorney in fact	53158
under the power of attorney. When a child is the subject of a	53159
caretaker authorization affidavit executed under sections 3109.64	53160
to 3109.73 of the Revised Code, "parent" means the grandparent	53161
that executed the affidavit.	53162

(2) "Legal custody," "permanent custody," and "residual	53163
parental rights, privileges, and responsibilities" have the same	53164
meanings as in section 2151.011 of the Revised Code.	53165

(3) "School district" or "district" means a city, local, or	53166
exempted village school district and excludes any school operated	53167
in an institution maintained by the department of youth services.	53168

(4) Except as used in division (C)(2) of this section, "home"	53169
means a home, institution, foster home, group home, or other	53170
residential facility in this state that receives and cares for	53171
children, to which any of the following applies:	53172

(a) The home is licensed, certified, or approved for such	53173
purpose by the state or is maintained by the department of youth	53174
services.	53175

(b) The home is operated by a person who is licensed,	53176
certified, or approved by the state to operate the home for such	53177
purpose.	53178

(c) The home accepted the child through a placement by a	53179
person licensed, certified, or approved to place a child in such a	53180
home by the state.	53181

(d) The home is a children's home created under section	53182
5153.21 or 5153.36 of the Revised Code.	53183

(5) "Agency" means all of the following:

53184

(a) A public children services agency;

53185

(b) An organization that holds a certificate issued by the	53186
Ohio department of job and family services in accordance with the	53187
requirements of section 5103.03 of the Revised Code and assumes	53188
temporary or permanent custody of children through commitment,	53189
agreement, or surrender, and places children in family homes for	53190
the purpose of adoption;	53191

(c) Comparable agencies of other states or countries that	53192
have complied with applicable requirements of section 2151.39 of	53193
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	53194
5103.23 to 5103.237 of the Revised Code.	53195

(6) A child is placed for adoption if either of the following	53196
occurs:	53197

(a) An agency to which the child has been permanently	53198
committed or surrendered enters into an agreement with a person	53199
pursuant to section 5103.16 of the Revised Code for the care and	53200
adoption of the child.	53201

(b) The child's natural parent places the child pursuant to	53202
section 5103.16 of the Revised Code with a person who will care	53203
for and adopt the child.	53204

(7) "Preschool child with a disability" has the same meaning	53205
as in section 3323.01 of the Revised Code.	53206

(8) "Child," unless otherwise indicated, includes preschool	53207
children with disabilities.	53208

(9) "Active duty" means active duty pursuant to an executive	53209
order of the president of the United States, an act of the	53210
congress of the United States, or section 5919.29 or 5923.21 of	53211
the Revised Code.	53212

(B) Except as otherwise provided in section 3321.01 of the	53213
Revised Code for admittance to kindergarten and first grade, a	53214
child who is at least five but under twenty-two years of age and	53215
any preschool child with a disability shall be admitted to school	53216
as provided in this division.	53217

(1) A child shall be admitted to the schools of the school	53218
district in which the child's parent resides.	53219

(2) AExcept as provided in division (B) of section 2151.362	53220
and section 3317.30 of the Revised Code, a child who does not	53221
reside in the district where the child's parent resides shall be	53222
admitted to the schools of the district in which the child resides	53223
if any of the following applies:	53224

(a) The child is in the legal or permanent custody of a	53225
government agency or a person other than the child's natural or	53226
adoptive parent.	53227

(b) The child resides in a home.

53228

53229

(3) A child who is not entitled under division (B)(2) of this	53230
section to be admitted to the schools of the district where the	53231
child resides and who is residing with a resident of this state	53232
with whom the child has been placed for adoption shall be admitted	53233
to the schools of the district where the child resides unless	53234
either of the following applies:	53235

(a) The placement for adoption has been terminated.

53236

(b) Another school district is required to admit the child	53237
under division (B)(1) of this section.	53238

Division (B) of this section does not prohibit the board of	53239
education of a school district from placing a child with a	53240
disability who resides in the district in a special education	53241
program outside of the district or its schools in compliance with	53242
Chapter 3323. of the Revised Code.	53243

(C) A district shall not charge tuition for children admitted	53244
under division (B)(1) or (3) of this section. If the district	53245
admits a child under division (B)(2) of this section, tuition	53246
shall be paid to the district that admits the child as provided in	53247
divisions (C)(1) to (3) of this section, unless division (C)(4) of	53248
this section applies to the child:	53249

(1) If the child receives special education in accordance	53250
with Chapter 3323. of the Revised Code, the school district of	53251
residence, as defined in section 3323.01 of the Revised Code,	53252
shall pay tuition for the child in accordance with section	53253
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	53254
regardless of who has custody of the child or whether the child	53255
resides in a home.	53256

(2) For a child that does not receive special education in	53257
accordance with Chapter 3323. of the Revised Code, except as	53258
otherwise provided in division (C)(2)(d) of this section, if the	53259
child is in the permanent or legal custody of a government agency	53260
or person other than the child's parent, tuition shall be paid by:	53261

(a) The district in which the child's parent resided at the	53262
time the court removed the child from home or at the time the	53263
court vested legal or permanent custody of the child in the person	53264
or government agency, whichever occurred first;	53265

(b) If the parent's residence at the time the court removed	53266
the child from home or placed the child in the legal or permanent	53267
custody of the person or government agency is unknown, tuition	53268
shall be paid by the district in which the child resided at the	53269
time the child was removed from home or placed in legal or	53270
permanent custody, whichever occurred first;	53271

(c) If a school district cannot be established under division	53272
(C)(2)(a) or (b) of this section, tuition shall be paid by the	53273
district determined as required by section 2151.362 of the Revised	53274
Code by the court at the time it vests custody of the child in the	53275
person or government agency;	53276

(d) If at the time the court removed the child from home or	53277
vested legal or permanent custody of the child in the person or	53278
government agency, whichever occurred first, one parent was in a	53279
residential or correctional facility or a juvenile residential	53280
placement and the other parent, if living and not in such a	53281
facility or placement, was not known to reside in this state,	53282
tuition shall be paid by the district determined under division	53283
(D) of section 3313.65 of the Revised Code as the district	53284
required to pay any tuition while the parent was in such facility	53285
or placement;	53286

(e) If the department of education has determined, pursuant	53287
to division (A)(2) of section 2151.362 of the Revised Code, that a	53288
school district other than the one named in the court's initial	53289
order, or in a prior determination of the department, is	53290
responsible to bear the cost of educating the child, the district	53291
so determined shall be responsible for that cost.	53292

(3) If the child is not in the permanent or legal custody of	53293
a government agency or person other than the child's parent and	53294
the child resides in a home, tuition shall be paid by one of the	53295
following:	53296

(a) The school district in which the child's parent resides;

53297

(b) If the child's parent is not a resident of this state,	53298
the home in which the child resides.	53299

(4) Division (C)(4) of this section applies to any child who	53300
is admitted to a school district under division (B)(2) of this	53301
section, resides in a home that is not a foster home or, a home	53302
maintained by the department of youth services, a detention	53303
facility established under section 2152.41 of the Revised Code, or	53304
a juvenile facility established under section 2151.65 of the	53305
Revised Code, receives educational services at the home or	53306
facility in which the child resides pursuant to a contract between	53307
the home or facility and the school district providing those	53308
services, and does not receive special education.	53309

In the case of a child to which division (C)(4) of this	53310
section applies, the total educational cost to be paid for the	53311
child shall be determined by a formula approved by the department	53312
of education, which formula shall be designed to calculate a per	53313
diem cost for the educational services provided to the child for	53314
each day the child is served and shall reflect the total actual	53315
cost incurred in providing those services. The department shall	53316
certify the total educational cost to be paid for the child to	53317
both the school district providing the educational services and,	53318
if different, the school district that is responsible to pay	53319
tuition for the child. The department shall deduct the certified	53320
amount from the state basic aid funds payable under Chapter 3317.	53321
of the Revised Code to the district responsible to pay tuition and	53322
shall pay that amount to the district providing the educational	53323
services to the child.	53324

(D) Tuition required to be paid under divisions (C)(2) and	53325
(3)(a) of this section shall be computed in accordance with	53326
section 3317.08 of the Revised Code. Tuition required to be paid	53327
under division (C)(3)(b) of this section shall be computed in	53328
accordance with section 3317.081 of the Revised Code. If a home	53329
fails to pay the tuition required by division (C)(3)(b) of this	53330
section, the board of education providing the education may	53331
recover in a civil action the tuition and the expenses incurred in	53332
prosecuting the action, including court costs and reasonable	53333
attorney's fees. If the prosecuting attorney or city director of	53334
law represents the board in such action, costs and reasonable	53335
attorney's fees awarded by the court, based upon the prosecuting	53336
attorney's, director's, or one of their designee's time spent	53337
preparing and presenting the case, shall be deposited in the	53338
county or city general fund.	53339

(E) A board of education may enroll a child free of any	53340
tuition obligation for a period not to exceed sixty days, on the	53341
sworn statement of an adult resident of the district that the	53342
resident has initiated legal proceedings for custody of the child.	53343

(F) In the case of any individual entitled to attend school	53344
under this division, no tuition shall be charged by the school	53345
district of attendance and no other school district shall be	53346
required to pay tuition for the individual's attendance.	53347
Notwithstanding division (B), (C), or (E) of this section:	53348

(1) All persons at least eighteen but under twenty-two years	53349
of age who live apart from their parents, support themselves by	53350
their own labor, and have not successfully completed the high	53351
school curriculum or the individualized education program	53352
developed for the person by the high school pursuant to section	53353
3323.08 of the Revised Code, are entitled to attend school in the	53354
district in which they reside.	53355

(2) Any child under eighteen years of age who is married is	53356
entitled to attend school in the child's district of residence.	53357

(3) A child is entitled to attend school in the district in	53358
which either of the child's parents is employed if the child has a	53359
medical condition that may require emergency medical attention.	53360
The parent of a child entitled to attend school under division	53361
(F)(3) of this section shall submit to the board of education of	53362
the district in which the parent is employed a statement from the	53363
child's physician certifying that the child's medical condition	53364
may require emergency medical attention. The statement shall be	53365
supported by such other evidence as the board may require.	53366

(4) Any child residing with a person other than the child's	53367
parent is entitled, for a period not to exceed twelve months, to	53368
attend school in the district in which that person resides if the	53369
child's parent files an affidavit with the superintendent of the	53370
district in which the person with whom the child is living resides	53371
stating all of the following:	53372

(a) That the parent is serving outside of the state in the	53373
armed services of the United States;	53374

(b) That the parent intends to reside in the district upon	53375
returning to this state;	53376

(c) The name and address of the person with whom the child is	53377
living while the parent is outside the state.	53378

(5) Any child under the age of twenty-two years who, after	53379
the death of a parent, resides in a school district other than the	53380
district in which the child attended school at the time of the	53381
parent's death is entitled to continue to attend school in the	53382
district in which the child attended school at the time of the	53383
parent's death for the remainder of the school year, subject to	53384
approval of that district board.	53385

(6) A child under the age of twenty-two years who resides	53386
with a parent who is having a new house built in a school district	53387
outside the district where the parent is residing is entitled to	53388
attend school for a period of time in the district where the new	53389
house is being built. In order to be entitled to such attendance,	53390
the parent shall provide the district superintendent with the	53391
following:	53392

(a) A sworn statement explaining the situation, revealing the	53393
location of the house being built, and stating the parent's	53394
intention to reside there upon its completion;	53395

(b) A statement from the builder confirming that a new house	53396
is being built for the parent and that the house is at the	53397
location indicated in the parent's statement.	53398

(7) A child under the age of twenty-two years residing with a	53399
parent who has a contract to purchase a house in a school district	53400
outside the district where the parent is residing and who is	53401
waiting upon the date of closing of the mortgage loan for the	53402
purchase of such house is entitled to attend school for a period	53403
of time in the district where the house is being purchased. In	53404
order to be entitled to such attendance, the parent shall provide	53405
the district superintendent with the following:	53406

(a) A sworn statement explaining the situation, revealing the	53407
location of the house being purchased, and stating the parent's	53408
intent to reside there;	53409

(b) A statement from a real estate broker or bank officer	53410
confirming that the parent has a contract to purchase the house,	53411
that the parent is waiting upon the date of closing of the	53412
mortgage loan, and that the house is at the location indicated in	53413
the parent's statement.	53414

The district superintendent shall establish a period of time	53415
not to exceed ninety days during which the child entitled to	53416
attend school under division (F)(6) or (7) of this section may	53417
attend without tuition obligation. A student attending a school	53418
under division (F)(6) or (7) of this section shall be eligible to	53419
participate in interscholastic athletics under the auspices of	53420
that school, provided the board of education of the school	53421
district where the student's parent resides, by a formal action,	53422
releases the student to participate in interscholastic athletics	53423
at the school where the student is attending, and provided the	53424
student receives any authorization required by a public agency or	53425
private organization of which the school district is a member	53426
exercising authority over interscholastic sports.	53427

(8) A child whose parent is a full-time employee of a city,	53428
local, or exempted village school district, or of an educational	53429
service center, may be admitted to the schools of the district	53430
where the child's parent is employed, or in the case of a child	53431
whose parent is employed by an educational service center, in the	53432
district that serves the location where the parent's job is	53433
primarily located, provided the district board of education	53434
establishes such an admission policy by resolution adopted by a	53435
majority of its members. Any such policy shall take effect on the	53436
first day of the school year and the effective date of any	53437
amendment or repeal may not be prior to the first day of the	53438
subsequent school year. The policy shall be uniformly applied to	53439
all such children and shall provide for the admission of any such	53440
child upon request of the parent. No child may be admitted under	53441
this policy after the first day of classes of any school year.	53442

(9) A child who is with the child's parent under the care of	53443
a shelter for victims of domestic violence, as defined in section	53444
3113.33 of the Revised Code, is entitled to attend school free in	53445
the district in which the child is with the child's parent, and no	53446
other school district shall be required to pay tuition for the	53447
child's attendance in that school district.	53448

The enrollment of a child in a school district under this	53449
division shall not be denied due to a delay in the school	53450
district's receipt of any records required under section 3313.672	53451
of the Revised Code or any other records required for enrollment.	53452
Any days of attendance and any credits earned by a child while	53453
enrolled in a school district under this division shall be	53454
transferred to and accepted by any school district in which the	53455
child subsequently enrolls. The state board of education shall	53456
adopt rules to ensure compliance with this division.	53457

(10) Any child under the age of twenty-two years whose parent	53458
has moved out of the school district after the commencement of	53459
classes in the child's senior year of high school is entitled,	53460
subject to the approval of that district board, to attend school	53461
in the district in which the child attended school at the time of	53462
the parental move for the remainder of the school year and for one	53463
additional semester or equivalent term. A district board may also	53464
adopt a policy specifying extenuating circumstances under which a	53465
student may continue to attend school under division (F)(10) of	53466
this section for an additional period of time in order to	53467
successfully complete the high school curriculum for the	53468
individualized education program developed for the student by the	53469
high school pursuant to section 3323.08 of the Revised Code.	53470

(11) As used in this division, "grandparent" means a parent	53471
of a parent of a child. A child under the age of twenty-two years	53472
who is in the custody of the child's parent, resides with a	53473
grandparent, and does not require special education is entitled to	53474
attend the schools of the district in which the child's	53475
grandparent resides, provided that, prior to such attendance in	53476
any school year, the board of education of the school district in	53477
which the child's grandparent resides and the board of education	53478
of the school district in which the child's parent resides enter	53479
into a written agreement specifying that good cause exists for	53480
such attendance, describing the nature of this good cause, and	53481
consenting to such attendance.	53482

In lieu of a consent form signed by a parent, a board of	53483
education may request the grandparent of a child attending school	53484
in the district in which the grandparent resides pursuant to	53485
division (F)(11) of this section to complete any consent form	53486
required by the district, including any authorization required by	53487
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	53488
Code. Upon request, the grandparent shall complete any consent	53489
form required by the district. A school district shall not incur	53490
any liability solely because of its receipt of a consent form from	53491
a grandparent in lieu of a parent.	53492

Division (F)(11) of this section does not create, and shall	53493
not be construed as creating, a new cause of action or substantive	53494
legal right against a school district, a member of a board of	53495
education, or an employee of a school district. This section does	53496
not affect, and shall not be construed as affecting, any	53497
immunities from defenses to tort liability created or recognized	53498
by Chapter 2744. of the Revised Code for a school district,	53499
member, or employee.	53500

(12) A child under the age of twenty-two years is entitled to	53501
attend school in a school district other than the district in	53502
which the child is entitled to attend school under division (B),	53503
(C), or (E) of this section provided that, prior to such	53504
attendance in any school year, both of the following occur:	53505

(a) The superintendent of the district in which the child is	53506
entitled to attend school under division (B), (C), or (E) of this	53507
section contacts the superintendent of another district for	53508
purposes of this division;	53509

(b) The superintendents of both districts enter into a	53510
written agreement that consents to the attendance and specifies	53511
that the purpose of such attendance is to protect the student's	53512
physical or mental well-being or to deal with other extenuating	53513
circumstances deemed appropriate by the superintendents.	53514

While an agreement is in effect under this division for a	53515
student who is not receiving special education under Chapter 3323.	53516
of the Revised Code and notwithstanding Chapter 3327. of the	53517
Revised Code, the board of education of neither school district	53518
involved in the agreement is required to provide transportation	53519
for the student to and from the school where the student attends.	53520

A student attending a school of a district pursuant to this	53521
division shall be allowed to participate in all student	53522
activities, including interscholastic athletics, at the school	53523
where the student is attending on the same basis as any student	53524
who has always attended the schools of that district while of	53525
compulsory school age.	53526

(13) All school districts shall comply with the	53527
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	53528
seq., for the education of homeless children. Each city, local,	53529
and exempted village school district shall comply with the	53530
requirements of that act governing the provision of a free,	53531
appropriate public education, including public preschool, to each	53532
homeless child.	53533

When a child loses permanent housing and becomes a homeless	53534
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	53535
such a homeless person changes temporary living arrangements, the	53536
child's parent or guardian shall have the option of enrolling the	53537
child in either of the following:	53538

(a) The child's school of origin, as defined in 42 U.S.C.A.	53539
11432(g)(3)(C);	53540

(b) The school that is operated by the school district in	53541
which the shelter where the child currently resides is located and	53542
that serves the geographic area in which the shelter is located.	53543

(14) A child under the age of twenty-two years who resides	53544
with a person other than the child's parent is entitled to attend	53545
school in the school district in which that person resides if both	53546
of the following apply:	53547

(a) That person has been appointed, through a military power	53548
of attorney executed under section 574(a) of the "National Defense	53549
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	53550
U.S.C. 1044b, or through a comparable document necessary to	53551
complete a family care plan, as the parent's agent for the care,	53552
custody, and control of the child while the parent is on active	53553
duty as a member of the national guard or a reserve unit of the	53554
armed forces of the United States or because the parent is a	53555
member of the armed forces of the United States and is on a duty	53556
assignment away from the parent's residence.	53557

(b) The military power of attorney or comparable document	53558
includes at least the authority to enroll the child in school.	53559

The entitlement to attend school in the district in which the	53560
parent's agent under the military power of attorney or comparable	53561
document resides applies until the end of the school year in which	53562
the military power of attorney or comparable document expires.	53563

(G) A board of education, after approving admission, may	53564
waive tuition for students who will temporarily reside in the	53565
district and who are either of the following:	53566

(1) Residents or domiciliaries of a foreign nation who	53567
request admission as foreign exchange students;	53568

(2) Residents or domiciliaries of the United States but not	53569
of Ohio who request admission as participants in an exchange	53570
program operated by a student exchange organization.	53571

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	53572
3327.04, and 3327.06 of the Revised Code, a child may attend	53573
school or participate in a special education program in a school	53574
district other than in the district where the child is entitled to	53575
attend school under division (B) of this section.	53576

(I)(1) Notwithstanding anything to the contrary in this	53577
section or section 3313.65 of the Revised Code, a child under	53578
twenty-two years of age may attend school in the school district	53579
in which the child, at the end of the first full week of October	53580
of the school year, was entitled to attend school as otherwise	53581
provided under this section or section 3313.65 of the Revised	53582
Code, if at that time the child was enrolled in the schools of the	53583
district but since that time the child or the child's parent has	53584
relocated to a new address located outside of that school district	53585
and within the same county as the child's or parent's address	53586
immediately prior to the relocation. The child may continue to	53587
attend school in the district, and at the school to which the	53588
child was assigned at the end of the first full week of October of	53589
the current school year, for the balance of the school year.	53590
Division (I)(1) of this section applies only if both of the	53591
following conditions are satisfied:	53592

(a) The board of education of the school district in which	53593
the child was entitled to attend school at the end of the first	53594
full week in October and of the district to which the child or	53595
child's parent has relocated each has adopted a policy to enroll	53596
children described in division (I)(1) of this section.	53597

(b) The child's parent provides written notification of the	53598
relocation outside of the school district to the superintendent of	53599
each of the two school districts.	53600

(2) At the beginning of the school year following the school	53601
year in which the child or the child's parent relocated outside of	53602
the school district as described in division (I)(1) of this	53603
section, the child is not entitled to attend school in the school	53604
district under that division.	53605

(3) Any person or entity owing tuition to the school district	53606
on behalf of the child at the end of the first full week in	53607
October, as provided in division (C) of this section, shall	53608
continue to owe such tuition to the district for the child's	53609
attendance under division (I)(1) of this section for the lesser of	53610
the balance of the school year or the balance of the time that the	53611
child attends school in the district under division (I)(1) of this	53612
section.	53613

(4) A pupil who may attend school in the district under	53614
division (I)(1) of this section shall be entitled to	53615
transportation services pursuant to an agreement between the	53616
district and the district in which the child or child's parent has	53617
relocated unless the districts have not entered into such	53618
agreement, in which case the child shall be entitled to	53619
transportation services in the same manner as a pupil attending	53620
school in the district under interdistrict open enrollment as	53621
described in division (H) of section 3313.981 of the Revised Code,	53622
regardless of whether the district has adopted an open enrollment	53623
policy as described in division (B)(1)(b) or (c) of section	53624
3313.98 of the Revised Code.	53625

(J) This division does not apply to a child receiving special	53626
education.	53627

A school district required to pay tuition pursuant to	53628
division (C)(2) or (3) of this section or section 3313.65 of the	53629
Revised Code shall have an amount deducted under division (C) of	53630
section 3317.023 of the Revised Code equal to its own tuition rate	53631
for the same period of attendance. A school district entitled to	53632
receive tuition pursuant to division (C)(2) or (3) of this section	53633
or section 3313.65 of the Revised Code shall have an amount	53634
credited under division (C) of section 3317.023 of the Revised	53635
Code equal to its own tuition rate for the same period of	53636
attendance. If the tuition rate credited to the district of	53637
attendance exceeds the rate deducted from the district required to	53638
pay tuition, the department of education shall pay the district of	53639
attendance the difference from amounts deducted from all	53640
districts' payments under division (C) of section 3317.023 of the	53641
Revised Code but not credited to other school districts under such	53642
division and from appropriations made for such purpose. The	53643
treasurer of each school district shall, by the fifteenth day of	53644
January and July, furnish the superintendent of public instruction	53645
a report of the names of each child who attended the district's	53646
schools under divisions (C)(2) and (3) of this section or section	53647
3313.65 of the Revised Code during the preceding six calendar	53648
months, the duration of the attendance of those children, the	53649
school district responsible for tuition on behalf of the child,	53650
and any other information that the superintendent requires.	53651

Upon receipt of the report the superintendent, pursuant to	53652
division (C) of section 3317.023 of the Revised Code, shall deduct	53653
each district's tuition obligations under divisions (C)(2) and (3)	53654
of this section or section 3313.65 of the Revised Code and pay to	53655
the district of attendance that amount plus any amount required to	53656
be paid by the state.	53657

(K) In the event of a disagreement, the superintendent of	53658
public instruction shall determine the school district in which	53659
the parent resides.	53660

(L) Nothing in this section requires or authorizes, or shall	53661
be construed to require or authorize, the admission to a public	53662
school in this state of a pupil who has been permanently excluded	53663
from public school attendance by the superintendent of public	53664
instruction pursuant to sections 3301.121 and 3313.662 of the	53665
Revised Code.	53666

(M) In accordance with division (B)(1) of this section, a	53667
child whose parent is a member of the national guard or a reserve	53668
unit of the armed forces of the United States and is called to	53669
active duty, or a child whose parent is a member of the armed	53670
forces of the United States and is ordered to a temporary duty	53671
assignment outside of the district, may continue to attend school	53672
in the district in which the child's parent lived before being	53673
called to active duty or ordered to a temporary duty assignment	53674
outside of the district, as long as the child's parent continues	53675
to be a resident of that district, and regardless of where the	53676
child lives as a result of the parent's active duty status or	53677
temporary duty assignment. However, the district is not	53678
responsible for providing transportation for the child if the	53679
child lives outside of the district as a result of the parent's	53680
active duty status or temporary duty assignment.	53681

Sec. 3313.646. (A) The board of education of a school	53682
district, except a cooperative education district established	53683
pursuant to section 3311.521 of the Revised Code, may establish	53684
and operate a ~~preschool~~ program to provide services to	53685
preschool-age children, provided the board has demonstrated a need	53686
for the program. A board may use school funds in support of	53687
preschool programs. The board shall maintain, operate, and admit	53688
children to any such program pursuant to rules adopted by such	53689
board and the rules of the state board of education adopted under	53690
sections 3301.52 to 3301.57 of the Revised Code.	53691

A board of education may establish fees or tuition, which may	53692
be graduated in proportion to family income, for participation in	53693
a preschool program. In cases where payment of fees or tuition	53694
would create a hardship for the child's parent or guardian, the	53695
board may waive any such fees or tuition.	53696

(B) No board of education that is not receiving funds under	53697
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	53698
March 17, 1989, shall compete for funds under the "Head Start Act"	53699
with any grantee receiving funds under that act.	53700

(C) A board of education may contract with any of the	53701
following preschool providers to provide ~~preschool programs~~	53702
services to preschool-age children, other than ~~programs for units~~	53703
~~described by divisions (B) and (C) of~~those services for which the	53704
district is eligible to receive funding under section ~~3317.05~~	53705
3317.0213 of the Revised Code~~, for children of the school~~	53706
~~district~~:	53707

(1) Any organization receiving funds under the "Head Start	53708
Act";	53709

(2) Any nonsectarian eligible nonpublic school as defined in	53710
division (H) of section 3301.52 of the Revised Code;	53711

(3) Any child care provider licensed under Chapter 5104. of	53712
the Revised Code.	53713

Boards may contract to provide ~~preschool programs~~services to	53714
preschool-age children only with such organizations whose staff	53715
meet the requirements of rules adopted under section 3301.53 of	53716
the Revised Code or those of the child development associate	53717
credential established by the national association for the	53718
education of young children.	53719

(D) A contract entered into under division (C) of this	53720
section may provide for the board of education to lease school	53721
facilities to the preschool provider or to furnish transportation,	53722
utilities, or staff for the preschool program.	53723

(E) The treasurer of any board of education operating a	53724
preschool program pursuant to this section shall keep an account	53725
of all funds used to operate the program in the same manner as the	53726
treasurer would any other funds of the district pursuant to this	53727
chapter.	53728

Sec. 3313.65. (A) As used in this section and section	53729
3313.64 of the Revised Code:	53730

(1) A person is "in a residential facility" if the person is	53731
a resident or a resident patient of an institution, home, or other	53732
residential facility that is:	53733

(a) Licensed as a nursing home, residential care facility, or	53734
home for the aging by the director of health under section 3721.02	53735
of the Revised Code;	53736

(b) Maintained as a county home or district home by the board	53737
of county commissioners or a joint board of county commissioners	53738
under Chapter 5155. of the Revised Code;	53739

(c) Operated or administered by a board of alcohol, drug	53740
addiction, and mental health services under section 340.03 or	53741
~~340.06~~ of the Revised Code, or provides residential care pursuant	53742
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	53743
Code;	53744

(d) Maintained as a state institution for the mentally ill	53745
under Chapter 5119. of the Revised Code;	53746

(e) Licensed by the department of ~~mental health~~mental health	53747
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	53748
5119.34 of the Revised Code;	53749

(f) Licensed as a residential facility by the department of	53750
developmental disabilities under section 5123.19 of the Revised	53751
Code;	53752

(g) Operated by the veteran's administration or another	53753
agency of the United States government;	53754

(h) Operated by the Ohio veterans' home.

53755

(2) A person is "in a correctional facility" if any of the	53756
following apply:	53757

(a) The person is an Ohio resident and is:

53758

(i) Imprisoned, as defined in section 1.05 of the Revised	53759
Code;	53760

(ii) Serving a term in a community-based correctional	53761
facility or a district community-based correctional facility;	53762

(iii) Required, as a condition of parole, a post-release	53763
control sanction, a community control sanction, transitional	53764
control, or early release from imprisonment, as a condition of	53765
shock parole or shock probation granted under the law in effect	53766
prior to July 1, 1996, or as a condition of a furlough granted	53767
under the version of section 2967.26 of the Revised Code in effect	53768
prior to March 17, 1998, to reside in a halfway house or other	53769
community residential center licensed under section 2967.14 of the	53770
Revised Code or a similar facility designated by the court of	53771
common pleas that established the condition or by the adult parole	53772
authority.	53773

(b) The person is imprisoned in a state correctional	53774
institution of another state or a federal correctional institution	53775
but was an Ohio resident at the time the sentence was imposed for	53776
the crime for which the person is imprisoned.	53777

(3) A person is "in a juvenile residential placement" if the	53778
person is an Ohio resident who is under twenty-one years of age	53779
and has been removed, by the order of a juvenile court, from the	53780
place the person resided at the time the person became subject to	53781
the court's jurisdiction in the matter that resulted in the	53782
person's removal.	53783

(4) "Community control sanction" has the same meaning as in	53784
section 2929.01 of the Revised Code.	53785

(5) "Post-release control sanction" has the same meaning as	53786
in section 2967.01 of the Revised Code.	53787

(B) If the circumstances described in division (C) of this	53788
section apply, the determination of what school district must	53789
admit a child to its schools and what district, if any, is liable	53790
for tuition shall be made in accordance with this section, rather	53791
than section 3313.64 of the Revised Code.	53792

(C) A child who does not reside in the school district in	53793
which the child's parent resides and for whom a tuition obligation	53794
previously has not been established under division (C)(2) of	53795
section 3313.64 of the Revised Code shall be admitted to the	53796
schools of the district in which the child resides if at least one	53797
of the child's parents is in a residential or correctional	53798
facility or a juvenile residential placement and the other parent,	53799
if living and not in such a facility or placement, is not known to	53800
reside in this state.	53801

(D) Regardless of who has custody or care of the child,	53802
whether the child resides in a home, or whether the child receives	53803
special education, if a district admits a child under division (C)	53804
of this section, tuition shall be paid to that district as	53805
follows:	53806

(1) If the child's parent is in a juvenile residential	53807
placement, by the district in which the child's parent resided at	53808
the time the parent became subject to the jurisdiction of the	53809
juvenile court;	53810

(2) If the child's parent is in a correctional facility, by	53811
the district in which the child's parent resided at the time the	53812
sentence was imposed;	53813

(3) If the child's parent is in a residential facility, by	53814
the district in which the parent resided at the time the parent	53815
was admitted to the residential facility, except that if the	53816
parent was transferred from another residential facility, tuition	53817
shall be paid by the district in which the parent resided at the	53818
time the parent was admitted to the facility from which the parent	53819
first was transferred;	53820

(4) In the event of a disagreement as to which school	53821
district is liable for tuition under division (C)(1), (2), or (3)	53822
of this section, the superintendent of public instruction shall	53823
determine which district shall pay tuition.	53824

(E) If a child covered by division (D) of this section	53825
receives special education in accordance with Chapter 3323. of the	53826
Revised Code, the tuition shall be paid in accordance with section	53827
3323.13 or 3323.14 of the Revised Code. Tuition for children who	53828
do not receive special education shall be paid in accordance with	53829
division (J) of section 3313.64 of the Revised Code.	53830

Sec. 3313.674. (A) Except as provided in division (D) of	53831
this section, the board of education of each city, exempted	53832
village, or local school district and the governing authority of	53833
each chartered nonpublic school may require each student enrolled	53834
in kindergarten, third grade, fifth grade, and ninth grade to	53835
undergo a screening for body mass index and weight status	53836
category.	53837

(B) The board or governing authority may provide any	53838
screenings authorized by this section itself, contract with	53839
another entity for provision of the screenings, or request the	53840
parent or guardian of each student subject to the screening to	53841
obtain the screening from a provider selected by the parent or	53842
guardian and to submit the results to the board or governing	53843
authority. If the board or governing authority provides the	53844
screenings itself or contracts with another entity for provision	53845
of the screenings, the board or governing authority shall protect	53846
student privacy by ensuring that each student is screened alone	53847
and not in the presence of other students or staff.	53848

(C) Each school year, each board or governing authority	53849
electing to require the screening shall provide the parent or	53850
guardian of each student subject to the screening with information	53851
about the screening program. If the board or governing authority	53852
requests parents and guardians to obtain a screening from a	53853
provider of their choosing, the board or governing authority shall	53854
provide them with a list of providers and information about	53855
screening services available in the community to parents and	53856
guardians who cannot afford a private provider.	53857

(D) If the parent or guardian of a student subject to the	53858
screening signs and submits to the board or governing authority a	53859
written statement indicating that the parent or guardian does not	53860
wish to have the student undergo the screening, the board or	53861
governing authority shall not require the student to be screened.	53862

(E) The board or governing authority shall notify the parent	53863
or guardian of each student screened under this section of any	53864
health risks associated with the student's results and shall	53865
provide the parent or guardian with information about	53866
appropriately addressing the risks. For this purpose, the	53867
department of health, in consultation with the department of	53868
education and the healthy choices for healthy children council	53869
established under section 3301.92 of the Revised Code, shall	53870
develop a list of documents, pamphlets, or other resources that	53871
may be distributed to parents and guardians under this division.	53872

(F) The board or governing authority shall maintain the	53873
confidentiality of each student's individual screening results at	53874
all times. No board or governing authority shall report a	53875
student's individual screening results to any person other than	53876
the student's parent or guardian.	53877

(G) In a manner prescribed by rule of the director of health,	53878
each board or governing authority electing to require the	53879
screening shall report aggregated body mass index and weight	53880
status category data collected under this section, and any other	53881
demographic data required by the director, to the department of	53882
health. In the case of a school district, data shall be aggregated	53883
for the district as a whole and not for individual schools within	53884
the district, unless the district operates only one school. In the	53885
case of a chartered nonpublic school, data shall be aggregated for	53886
the school as a whole. The department annually may publish the	53887
data reported under this division, aggregated by county. For each	53888
county in which a district, community school, STEM school, or	53889
chartered nonpublic school has elected not to require the	53890
screening for a school year for which data is published, the	53891
department shall note that the data for the county in which the	53892
district or school is located is incomplete. The department may	53893
share data reported under this division with other governmental	53894
entities for the purpose of monitoring population health, making	53895
reports, or public health promotional activities.	53896

(H) To the extent that this division does not conflict with	53897
the child's IEP, no child with a disability shall be subject to	53898
the requirements of this section.	53899

As used in this section, "child with a disability" and "IEP"	53900
have the same meanings as in section 3323.01 of the Revised Code.	53901

Sec. 3313.714. (A) As used in this section:

53902

(1) "Board of education" means the board of education of a	53903
city, local, exempted village, or joint vocational school	53904
district.	53905

(2) "Healthcheck" means the early and periodic screening,	53906
diagnosis, and treatment program, a component of the ~~medical~~	53907
~~assistance~~medicaid program ~~established under Title XIX of the~~	53908
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	53909
~~amended, and Chapter 5111. of the Revised Code~~.	53910

(3) "Pupil" means a person under age twenty-two enrolled in	53911
the schools of a city, local, exempted village, or joint	53912
vocational school district.	53913

(4) "Parent" means either parent with the following	53914
exceptions:	53915

(a) If one parent has custody by court order, "parent" means	53916
the parent with custody.	53917

(b) If neither parent has legal custody, "parent" means the	53918
person or government entity with legal custody.	53919

(c) The child's legal guardian or a person who has accepted	53920
responsibility for the health, safety, and welfare of the child.	53921

(B) At the request of the department of ~~job and family~~	53922
~~services~~medicaid, a board of education shall establish and	53923
conduct a healthcheck program for pupils enrolled in the schools	53924
of the district who are medicaid recipients ~~of medical assistance~~	53925
~~under Chapter 5111. of the Revised Code~~. At the request of a board	53926
of education, the department may authorize the board to establish	53927
a healthcheck program. A board that establishes a healthcheck	53928
program shall enter into a ~~medical assistance~~medicaid provider	53929
agreement with the department.	53930

A healthcheck program established by a board of education	53931
shall be conducted in accordance with rules adopted by the	53932
medicaid director ~~of job and family services~~ under division (F) of	53933
this section. The healthcheck program shall include all of the	53934
following components:	53935

(1) A comprehensive health and development history;

53936

(2) A comprehensive physical examination;

53937

(3) A developmental assessment;

53938

(4) A nutritional assessment;

53939

(5) A vision assessment;

53940

(6) A hearing assessment;

53941

(7) An immunization assessment;

53942

(8) Lead screening and laboratory tests ordered by a doctor	53943
of medicine or osteopathic medicine as part of one of the other	53944
components;	53945

(9) Such other assessment as may be required by the	53946
department of ~~job and family services~~medicaid in accordance with	53947
the requirements of the healthcheck program.	53948

All services included in a board of education's healthcheck	53949
program that the board provided under sections 3313.67, 3313.673,	53950
3313.68, 3313.69, and 3313.71 of the Revised Code during the	53951
1990-1991 school year shall continue to be provided to ~~medical~~	53952
~~assistance~~medicaid recipients by the board pursuant to those	53953
sections. The services shall be considered part of the healthcheck	53954
program for medicaid recipients ~~of medical assistance~~, and the	53955
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	53956
department in accordance with this division for providing the	53957
services.	53958

The department shall ~~reimburse~~pay boards of education for	53959
healthcheck program services provided under this division at the	53960
rates paid under the ~~medical assistance~~medicaid program to	53961
physicians, dentists, nurses, and other providers of healthcheck	53962
services.	53963

(C) Each board of education that conducts a healthcheck	53964
program shall determine for each pupil enrolled in the schools of	53965
the district whether the pupil is a ~~medical assistance~~medicaid	53966
recipient. The department of ~~job and family services~~medicaid and	53967
county departments of ~~human services~~job and family services shall	53968
assist the board in making these determinations. Except as	53969
necessary to carry out the purposes of this section, all	53970
information received by a board under this division shall be	53971
confidential.	53972

Before the first day of October of each year, each board that	53973
conducts a healthcheck program shall send the parent of each pupil	53974
who is under age eighteen and a medicaid recipient ~~of medical~~	53975
~~assistance~~ notice that the pupil will be examined under the	53976
district's healthcheck program unless the parent notifies the	53977
board that the parent denies consent for the examination. The	53978
notice shall include a form to be used by the parent to indicate	53979
that the parent denies consent. The denial shall be effective only	53980
if the form is signed by the parent and returned to the board or	53981
the school in which the pupil is enrolled. If the parent does not	53982
return a signed form indicating denial of consent within two weeks	53983
after the date the notice is sent, the school district and the	53984
department of ~~job and family services~~medicaid shall deem the	53985
parent to have consented to examination of the parent's child	53986
under the healthcheck program. In the case of a pupil age eighteen	53987
or older, the notice shall be given to the pupil, and the school	53988
district and the department of ~~job and family services~~medicaid	53989
shall deem the pupil to have consented to examination unless the	53990
pupil returns the signed form indicating the pupil's denial of	53991
consent.	53992

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

53993

(a) "Nonfederal share" means the portion of expenditures for	53994
services that is required under the ~~medical assistance~~medicaid	53995
program to be paid for with state or local government funds.	53996

(b) "Federal financial participation" means the portion of	53997
expenditures for services that is ~~reimbursed~~payable under the	53998
~~medical assistance~~medicaid program with federal funds.	53999

(2) At the request of a board of education, the state	54000
department may enter into an agreement with the board under which	54001
the board provides medical services to a medicaid recipient of	54002
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	54003
~~assistance~~medicaid program but not under the healthcheck program.	54004
The agreement may be for a term specified in the agreement and	54005
renewable by mutual consent of the board and the department, or	54006
may continue in force as long as agreeable to the board and the	54007
department.	54008

The board shall use state or local funds of the district to	54009
pay the nonfederal share of expenditures for services provided	54010
under this division. Prior to entering into or renewing an	54011
agreement and at any other time requested by the department while	54012
the agreement is in force, the board shall certify to the	54013
department in accordance with the rules adopted under division (F)	54014
of this section that it will have sufficient state or local funds	54015
to pay the nonfederal share of expenditures under this division.	54016
If the board fails to make the certification, the department shall	54017
not enter into or renew the agreement. If an agreement has been	54018
entered into, it shall be void unless the board makes the	54019
certification not later than fifteen days after receiving notice	54020
from the department that the certification is due. The board shall	54021
report to the department, in accordance with the rules, the amount	54022
of state or local funds it spends to provide services under this	54023
division.	54024

The department shall ~~reimburse~~pay the board the federal	54025
financial participation allowed for the board's expenditures for	54026
services under this division. The total of the nonfederal share	54027
spent by the board and the federal financial participation	54028
~~reimbursed~~paid by the department for a service rendered under	54029
this division shall be an amount agreed to by the board and the	54030
department, but shall not exceed the maximum ~~reimbursable~~payable	54031
amount for that service under rules adopted ~~by the director of job~~	54032
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	54033
Revised Code. The rules adopted under division (F) of this section	54034
shall include procedures under which the department will recover	54035
from a board overpayments and subsequent federal audit	54036
disallowances of federal financial participation ~~reimbursed~~paid	54037
by the department.	54038

(E) A board of education shall provide services under	54039
division (D) of this section and under its healthcheck program as	54040
provided in division (E)(1), (2), or (3) of this section:	54041

(1) By having the services performed by physicians, dentists,	54042
and nurses employed by the board;	54043

(2) By contracting with physicians, dentists, nurses, and	54044
other providers of services who have ~~medical assistance~~medicaid	54045
provider agreements with the department of ~~job and family services~~	54046
medicaid;	54047

(3) By having some of the services performed by persons	54048
described in division (E)(1) of this section and others performed	54049
by persons described in division (E)(2) of this section.	54050

(F) The medicaid director ~~of job and family services~~ shall	54051
adopt rules in accordance with Chapter 119. of the Revised Code	54052
governing healthcheck programs conducted under this section and	54053
services provided under division (D) of this section.	54054

Sec. 3313.715. The board of education of a school district	54055
may request from the director of developmental disabilities the	54056
appropriate identification numbers for all students residing in	54057
the district who are ~~medical assistance~~medicaid recipients ~~under~~	54058
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	54059
numbers upon receipt of lists of student names furnished by the	54060
district board, in such form as the director may require.	54061

The medicaid director ~~of job and family services~~ shall	54062
provide the director of developmental disabilities with the data	54063
necessary for compliance with this section.	54064

Section 3319.321 of the Revised Code does not apply to the	54065
release of student names or other data to the director of	54066
developmental disabilities for the purposes of this section.	54067
Chapter 1347. of the Revised Code does not apply to information	54068
required to be kept by a school board or the departments of ~~job~~	54069
~~and family services~~medicaid or developmental disabilities to the	54070
extent necessary to comply with this section and section 3313.714	54071
of the Revised Code. However, any such information or data shall	54072
be used only for the specific legal purposes of such boards and	54073
departments and shall not be released to any unauthorized person.	54074

Sec. 3313.82. The board of education of each ~~city and~~	54075
~~exempted village~~ school district and the governing board of each	54076
educational service center shall appoint a business advisory	54077
council, except that a school district that has entered into an	54078
agreement under section 3313.843 or 3313.845 of the Revised Code	54079
to receive any services from an educational service center is not	54080
required to appoint a council if the school district and	54081
educational service center agree that the educational service	54082
center's council will represent the business of the district. The	54083
council shall advise and provide recommendations to the board on	54084
matters specified by the board including, but not necessarily	54085
limited to, the delineation of employment skills and the	54086
development of curriculum to instill these skills; changes in the	54087
economy and in the job market, and the types of employment in	54088
which future jobs are most likely to be available; and suggestions	54089
for developing a working relationship among businesses, labor	54090
organizations, and educational personnel ~~in the district or in~~	54091
~~the territory of the educational service center~~. Each board shall	54092
determine the membership and organization of its council.	54093
Notwithstanding division (D) of section 3311.19 and division (D)	54094
of section 3311.52 of the Revised Code, this section shall not	54095
apply to the board of education of any joint vocational school	54096
district or any cooperative education school district created	54097
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	54098
Code.	54099

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	54100
operating more cost effectively, minimizing administrative	54101
overhead, encouraging the sharing of resource development, and	54102
diminishing duplication, the boards of education of two or more	54103
city, local, or exempted village school districts each having a	54104
majority of its territory in a county with a population greater	54105
than one million two hundred thousand, by adopting identical	54106
resolutions, may enter into an agreement providing for the	54107
creation of a regional student education district for the purpose	54108
of funding the following for students enrolled in those school	54109
districts, including students diagnosed as autistic and students	54110
with special needs, and their immediate family members:	54111

(a) Special education services;

54112

(b) Behavioral health services for persons with special	54113
needs.	54114

If more than eight boards of education adopt resolutions to	54115
form a regional student education district, the boards may meet at	54116
facilities of the educational service center of the county to	54117
discuss membership in the district.	54118

(2) The territory of a regional student education district at	54119
any time shall be composed of the combined territories of the	54120
school districts that are parties to the agreement at that time.	54121
Services funded by a regional student education district shall be	54122
available to all individuals enrolled in a school district that is	54123
a part of the regional student education district and members of	54124
their immediate family.	54125

(3) The agreement may be amended pursuant to terms and	54126
procedures mutually agreed to by the boards of education that are	54127
parties to the agreement.	54128

(B) Each regional student education district shall be	54129
governed by a board of directors. The superintendent of each board	54130
of education that is a party to the agreement shall serve on the	54131
board of directors. The agreement shall provide for the terms of	54132
office of directors. Directors shall receive no compensation, but	54133
shall be reimbursed, from the special fund of the regional student	54134
education district, for the reasonable and necessary expenses they	54135
incur in the performance of their duties for the district. The	54136
agreement shall provide for the conduct of the board's initial	54137
organizational meeting and for the frequency of subsequent	54138
meetings and quorum requirements. At its first meeting, the board	54139
shall designate from among its members a president and secretary	54140
in the manner provided in the agreement.	54141

The board of directors of a regional student education	54142
district is a body corporate and politic, is capable of suing and	54143
being sued, is capable of contracting within the limits of this	54144
section and the agreement governing the district, and is capable	54145
of accepting gifts, donations, bequests, or other grants of money	54146
for use in paying its expenses. The district is a public office	54147
and its directors are public officials within the meaning of	54148
section 117.01 of the Revised Code, the board of directors is a	54149
public body within the meaning of section 121.22 of the Revised	54150
Code, and records of the board and of the district are public	54151
records within the meaning of section 149.43 of the Revised Code.	54152

The agreement shall require the board to designate a	54153
permanent location for its offices and meeting place, and may	54154
provide for the use of such facilities and property for the	54155
provision of services by the agencies with which the board	54156
contracts under division (C) of this section.	54157

(C)(1) To provide the services identified in division (A)(1)	54158
of this section, the board of directors of a regional student	54159
education district shall provide for the hiring of employees or	54160
shall contract with one or more entities. Except as provided in	54161
division (C)(2) of this section, any entity with which the board	54162
of directors contracts to provide the services identified in	54163
division (A)(1)(b) of this section shall be a qualified nonprofit,	54164
nationally accredited agency to which both of the following apply:	54165

(a) The agency is licensed or certified by the departments of	54166
~~mental health,~~mental health and addiction services and job and	54167
family services~~, and alcohol and drug addiction services~~.	54168

(b) The agency provides school-based behavioral health	54169
services.	54170

(2) The board of directors may contract with an entity that	54171
does not meet the conditions stated in division (C)(1) of this	54172
section if the services to be provided by the entity are only	54173
incidental to the services identified in division (A)(1)(b) of	54174
this section.	54175

(3) The board of directors may levy a tax throughout the	54176
district as provided in section 5705.2111 of the Revised Code. The	54177
board of directors shall provide for the creation of a special	54178
fund to hold the proceeds of any tax levied under section	54179
5705.2111 of the Revised Code and any gifts, donations, bequests,	54180
or other grants of money coming into the possession of the	54181
district. A regional student education district is a subdivision,	54182
and the board of directors is a governing body, within the meaning	54183
of section 135.01 of the Revised Code. The board of directors may	54184
not issue securities or otherwise incur indebtedness.	54185

(4) The adoption or rejection by electors of a tax levy to	54186
fund a regional student education district pursuant to section	54187
5705.2111 of the Revised Code does not alter the duty of each	54188
school district member of the regional student education district	54189
to provide special education and related services as required	54190
under Chapter 3323. of the Revised Code. On the expiration of a	54191
regional student education district levy, the state, member school	54192
districts of the regional student education district, and any	54193
other governmental entity shall not be obligated to provide	54194
replacement funding for the revenues under the expired levy. The	54195
tax levy, in whole or in part, shall not be considered a levy for	54196
current operating expenses pursuant to division (A) of section	54197
3317.01 of the Revised Code for any of the school districts that	54198
are members of the regional student education district.	54199

(D)(1) The agreement shall provide for the manner of	54200
appointing an individual or entity to perform the duties of fiscal	54201
officer of the regional student education district. The agreement	54202
shall specify the length of time the individual or entity shall	54203
perform those duties and whether the individual or entity may be	54204
reappointed upon the completion of a term. The fiscal officer may	54205
receive compensation for performing the duties of the position and	54206
be reimbursed for reasonable expenses of performing those duties	54207
from the regional student education district's special fund.	54208

(2) The legal advisor of the board of directors of a regional	54209
student education district shall be the prosecuting attorney of	54210
the most populous county containing a school district that is a	54211
member of the regional student education district. The prosecuting	54212
attorney shall prosecute all actions against a member of the board	54213
of directors for malfeasance or misfeasance in office and shall be	54214
the legal counsel for the board and its members in all other	54215
actions brought by or against them and shall conduct those actions	54216
in the prosecuting attorney's official capacity. No compensation	54217
in addition to the prosecuting attorney's regular salary shall be	54218
allowed.	54219

(E) The board of directors of a regional student education	54220
district shall procure a policy or policies of insurance insuring	54221
the board, the fiscal officer, and the legal representative	54222
against liability on account of damage or injury to persons and	54223
property. Before procuring such insurance the board shall adopt a	54224
resolution setting forth the amount of insurance to be purchased,	54225
the necessity of the insurance, and a statement of its estimated	54226
premium cost. Insurance procured pursuant to this section shall be	54227
from one or more recognized insurance companies authorized to do	54228
business in this state. The cost of the insurance shall be paid	54229
from the district's special fund.	54230

A regional student education district is a political	54231
subdivision within the meaning of section 2744.01 of the Revised	54232
Code.	54233

(F)(1) The board of education of a school district having a	54234
majority of its territory in the county may join an existing	54235
regional student education district by adopting a resolution	54236
requesting to join as a party to the agreement and upon approval	54237
by the boards of education that currently are parties to the	54238
agreement. If a tax is levied in the regional student education	54239
district under section 5705.2111 of the Revised Code, a board of	54240
education may join the district only after a majority of qualified	54241
electors in the school district voting on the question vote in	54242
favor of levying the tax throughout the school district. A board	54243
of education joining an existing district shall have the same	54244
powers, rights, and obligations under the agreement as other	54245
boards of education that are parties to the agreement.	54246

(2) A board of education that is a party to an agreement	54247
under this section may withdraw the school district from a	54248
regional student education district by adopting a resolution. The	54249
withdrawal shall take effect on the date provided in the	54250
resolution. If a tax is levied in the regional student education	54251
district under section 5705.2111 of the Revised Code, the	54252
resolution shall take effect not later than the first day of	54253
January following adoption of the resolution. Beginning with the	54254
first day of January following adoption of the resolution, any tax	54255
levied under section 5705.2111 of the Revised Code shall not be	54256
levied within the territory of the withdrawing school district.	54257
Any collection of tax levied in the territory of the withdrawing	54258
school district under that section that has not been settled and	54259
distributed when the resolution takes effect shall be credited to	54260
the district's special fund.	54261

(G) An agreement entered into under this section shall	54262
provide for the manner of the regional student education	54263
district's dissolution. The district shall cease to exist when not	54264
more than one school district remains in the district, and the	54265
levy of any tax under section 5705.2111 of the Revised Code shall	54266
not be extended on the tax lists in any tax year beginning after	54267
the dissolution of the district. The agreement shall provide that,	54268
upon dissolution of the district, any unexpended balance in the	54269
district's special fund shall be divided among the school	54270
districts that are parties to the agreement immediately before	54271
dissolution in proportion to the taxable valuation of taxable	54272
property in the districts, and credited to their respective	54273
general funds.	54274

Sec. 3313.841. The boards of education and governing boards	54275
of two or more city, local, joint vocational, or exempted village	54276
school districts or educational service centers may contract in	54277
accordance with the terms of this section for the sharing on a	54278
cooperative basis of the services of supervisory teachers, special	54279
instruction teachers, special education teachers, and other	54280
licensed personnel necessary to conduct approved cooperative	54281
classes for special education and related services and gifted	54282
education.	54283

The boards of two or more districts or service centers	54284
desiring to enroll students in such classes shall each adopt	54285
resolutions indicating such desire and designating one of the	54286
participating districts or service centers as the funding agent	54287
for purposes of this section. The district or service center	54288
designated as the funding agent shall enter into an employment	54289
contract with each licensed teacher whose services are to be	54290
shared among the participating districts and service centers. In	54291
turn, the funding agent shall enter into contracts with each of	54292
the districts and service centers which have adopted resolutions	54293
agreeing to participate in the cooperative program upon terms	54294
agreed to by all parties to such contract. Such contracts between	54295
districts and service centers shall set forth the services to be	54296
provided by the licensed teacher employed by the funding agent	54297
whose services are to be shared by the participating districts and	54298
service centers and the basis for computing the amounts to be paid	54299
for such services to the funding agent by the participating	54300
districts and service centers.	54301

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	54302
the Revised Code, the funding agent shall count all pupils	54303
enrolled in cooperative programs for pupils with disabilities as	54304
pupils enrolled in such programs in the funding agent district.	54305
Upon receipt of payment for such programs, the funding agent	54306
district shall credit the account of districts participating in	54307
the cooperative program for the amounts due under contracts	54308
entered into under the terms of this section in proportion to the	54309
number of resident students enrolled in the cooperative program	54310
from each participating district and service center.	54311

In determining the terms of the contract entered into by the	54312
funding agent district or service center and the participating	54313
districts and service centers, the superintendent of schools of	54314
each participating board of education and governing board shall	54315
serve as a committee which shall recommend such terms to such	54316
boards.	54317

Sec. 3313.843. (A) Notwithstanding division (D) of section	54318
3311.52 of the Revised Code, this section does not apply to any	54319
cooperative education school district.	54320

(B)(1) The board of education of each city, exempted village,	54321
or local school district with an average daily student enrollment	54322
of sixteen thousand or less, reported for the district on the most	54323
recent report card issued under section 3302.03 of the Revised	54324
Code, shall enter into an agreement with the governing board of an	54325
educational service center, under which the educational service	54326
center governing board will provide services to the district.	54327

(2) The board of education of a city, exempted village, or	54328
local school district with an average daily student enrollment of	54329
more than sixteen thousand may enter into an agreement with the	54330
governing board of an educational service center, under which the	54331
educational service center governing board will provide services	54332
to the district.	54333

(3) Services provided under an agreement entered into under	54334
division (B)(1) or (2) of this section shall be specified in the	54335
agreement, and may include any of the following: supervisory	54336
teachers; in-service and continuing education programs for	54337
district personnel; curriculum services; research and development	54338
programs; academic instruction for which the governing board	54339
employs teachers pursuant to section 3319.02 of the Revised Code;	54340
assistance in the provision of special accommodations and classes	54341
for students with disabilities; or any other services the district	54342
board and service center governing board agree can be better	54343
provided by the service center and are not provided under an	54344
agreement entered into under section 3313.845 of the Revised Code.	54345
Services included in the agreement shall be provided to the	54346
district in the manner specified in the agreement. The district	54347
board of education shall reimburse the educational service center	54348
governing board pursuant to ~~section 3317.11 of the Revised Code~~	54349
division (H) of this section.	54350

~~Beginning with the 2012-2013 school year, the board of any~~	54351
~~district described in division (B)(2) of this section may elect~~	54352
~~not to receive the supervisory services for which supervisory~~	54353
~~units are paid under division (B) of section 3317.11 of the~~	54354
~~Revised Code, provided that election is specified in the~~	54355
~~agreement.~~	54356

(C) Any agreement entered into pursuant to this section shall	54357
be filed with the department of education by the first day of July	54358
of the school year for which the agreement is in effect.	54359

(D)(1) An agreement for services from an educational service	54360
center entered into under this section may be terminated by the	54361
school district board of education, at its option, by notifying	54362
the governing board of the service center by March 1, 2012, or by	54363
the first day of January of any odd-numbered year thereafter, that	54364
the district board intends to terminate the agreement in that	54365
year, and that termination shall be effective on the thirtieth day	54366
of June of that year. The failure of a district board to notify an	54367
educational service center of its intent to terminate an agreement	54368
by March 1, 2012, shall result in renewal of the existing	54369
agreement for the following school year. Thereafter, the failure	54370
of a district board to notify an educational service center of its	54371
intent to terminate an agreement by the first day of January of an	54372
odd-numbered year shall result in renewal of the existing	54373
agreement for the following two school years.	54374

(2) If the school district that terminates an agreement for	54375
services under division (D)(1) of this section is also subject to	54376
the requirement of division (B)(1) of this section, the district	54377
board shall enter into a new agreement with any educational	54378
service center so that the new agreement is effective on the first	54379
day of July of that same year.	54380

(3) If all moneys owed by a school district to an educational	54381
service center under an agreement for services terminated under	54382
division (D)(1) of this section have been paid in full by the	54383
effective date of the termination, the governing board of the	54384
service center shall submit an affidavit to the department	54385
certifying that fact not later than fifteen days after the	54386
termination's effective date. Notwithstanding anything in the	54387
Revised Code to the contrary, until the department receives such	54388
an affidavit, it shall not make any payments to any other	54389
educational service center with which the district enters into an	54390
agreement under this section for services that the educational	54391
service center provides to the district.	54392

(E) An educational service center may apply to any state or	54393
federal agency for competitive grants. It may also apply to any	54394
private entity for additional funds.	54395

(F) Not later than January 1, 2014, each educational service	54396
center shall post on its web site a list of all of the services	54397
that it provides and the corresponding cost for each of those	54398
services.	54399

(G)(1) For purposes of calculating any state subsidy to be	54400
paid to an educational service center for services provided to a	54401
school district, the service center's student count shall be the	54402
sum of the total student counts of all the school districts with	54403
which the educational service center has entered into an agreement	54404
under this section.	54405

(2) When a district enters into a new agreement with a new	54406
educational service center, the department of education shall	54407
ensure that the state subsidy for services provided to the	54408
district is paid to the new educational service center and that	54409
the educational service center with which the district previously	54410
had an agreement is no longer paid a state subsidy for providing	54411
services to that district.	54412

(H) Pursuant to division (B) of section 3317.023 of the	54413
Revised Code, the department annually shall deduct from each	54414
school district that enters into an agreement with an educational	54415
service center under this section, and pay to the service center,	54416
an amount equal to six dollars and fifty cents times the school	54417
district's total student count. The district board of education,	54418
or the district superintendent acting on behalf of the district	54419
board, may agree to pay an amount in excess of six dollars and	54420
fifty cents per student in total student count. If a majority of	54421
the boards of education, or superintendents acting on behalf of	54422
the boards, of the districts that entered into an agreement under	54423
this section approve an amount in excess of six dollars and fifty	54424
cents per student in total student count, each district shall pay	54425
the excess amount to the service center.	54426

(I) For purposes of this section, a school district's "total	54427
student count" means the average daily student enrollment reported	54428
on the most recent report card issued for the district pursuant to	54429
section 3302.03 of the Revised Code.	54430

Sec. 3313.844. The governing authority of a community school	54431
established under Chapter 3314. of the Revised Code and the	54432
governing board of an educational service center may enter into an	54433
agreement, through adoption of identical resolutions, under which	54434
the service center board will provide services to the community	54435
school. Services provided under the agreement and the amount and	54436
manner in which the community school ~~board~~ will pay for such	54437
services shall be mutually agreed to by the school's governing	54438
~~board~~authority and the service center board, and shall be	54439
specified in the service agreement. If specified in the agreement	54440
as the manner of payment, the department of education shall pay	54441
the service center the amount due to it under the agreement and	54442
shall deduct that amount from the payments made to the community	54443
school under Chapter 3314. of the Revised Code. Any agreement	54444
entered into under this section shall be valid only if a copy is	54445
filed with the department.	54446

Sec. 3313.845. The board of education of a city, exempted	54447
village, or local, or joint vocational school district and the	54448
governing board of an educational service center may enter into an	54449
agreement under which the educational service center will provide	54450
services to the school district. Services provided under the	54451
agreement and the amount to be paid for such services shall be	54452
mutually agreed to by the district board of education and the	54453
service center governing board, and shall be specified in the	54454
agreement. Payment for services specified in the agreement shall	54455
be made pursuant to ~~division (D) of section 3317.11 of the~~	54456
~~Revised Code and shall not include any deduction under division~~	54457
~~(B), (C), or (F) of that section~~the terms of that agreement. If	54458
specified in the agreement as the manner of payment, the	54459
department of education shall pay the service center the amount	54460
due to it under the agreement and shall deduct that amount from	54461
the payments made to the city, exempted village, local, or joint	54462
vocational school district under Chapter 3317. of the Revised	54463
Code. Any agreement entered into pursuant to this section shall be	54464
valid only if a copy is filed with the department ~~of education~~.	54465

The authority granted under this section to the boards of	54466
education of city, exempted village, and local school districts is	54467
in addition to the authority granted to such boards under section	54468
3313.843 of the Revised Code.	54469

Sec. 3313.848. (A) As used in this section:

54470

(1) "Client" means a city, local, or exempted village school	54471
district, community school established under Chapter 3314. of the	54472
Revised Code, STEM school established under Chapter 3326. of the	54473
Revised Code, or political subdivision.	54474

(2) "Governing body" means the board of education of a school	54475
district, governing authority of a community school, governing	54476
body of a STEM school, or governing body of a political	54477
subdivision.	54478

(3) "Political subdivision" has the same meaning as used in	54479
section 3313.846 of the Revised Code.	54480

(4) "Service agreement" means an agreement that a client has	54481
entered into with an educational service center under section	54482
3313.843, 3313.844, 3313.845, 3313.846, or 3326.45 of the Revised	54483
Code and any subsequent amendment to that agreement.	54484

(B) If at the end of a fiscal year for which a service	54485
agreement is in effect any of the funds paid directly by a client	54486
to the educational service center under the agreement are	54487
unexpended and unobligated, a client's governing body may elect to	54488
have the service center retain the unexpended and unobligated	54489
funds for the purpose of applying them toward any payment the	54490
client will owe to the service center under a service agreement	54491
for the next fiscal year. The treasurer or fiscal officer of the	54492
client shall indicate on the client's end-of-year financial report	54493
that unexpended funds have been retained by the service center and	54494
the amount of those funds.	54495

(C) A client shall expend its funds retained under division	54496
(B) of this section only for services specifically set forth under	54497
a service agreement. The treasurer of the educational service	54498
center shall keep a record of the client's expenditure and the	54499
service or services for which the expenditure was made. On at	54500
least an annual basis, or upon the request of the client's	54501
governing body or its treasurer or fiscal officer, the treasurer	54502
of the service center shall notify the client's treasurer or	54503
fiscal officer of the expenditures recorded under this division.	54504
The client's treasurer or fiscal officer shall include that	54505
information in the financial report made by the treasurer or	54506
fiscal officer at the next meeting of the client's governing body	54507
that occurs following receipt of the information.	54508

Sec. 3313.849. The governing bodies of two or more city,	54509
exempted village, local, or joint vocational school districts,	54510
community schools established under Chapter 3314. of the Revised	54511
Code, or STEM schools established under Chapter 3326. of the	54512
Revised Code, may mutually agree to share supervisory, curriculum,	54513
teaching, special education, professional development, or any	54514
other services offered by an educational service center and may	54515
pool their funding to pay the cost of receiving those services.	54516
Each of the governing bodies of the districts or schools	54517
participating in shared services pursuant to this section shall	54518
specify in its service agreement with the service center under	54519
section 3313.843, 3313.844, 3313.845, or 3326.45 of the Revised	54520
Code which services that the participants have agreed to share,	54521
any other districts or schools participating in the shared	54522
services, and the amount of funds that the governing body will	54523
contribute toward the total cost of the shared services. Each	54524
governing body's funding contribution shall be paid to the service	54525
center in accordance with section 3313.843, 3313.844, 3313.845, or	54526
3326.45 of the Revised Code, as applicable.	54527

The authority granted under this section is in addition to	54528
the authority granted to school district boards of education under	54529
section 3313.841 of the Revised Code.	54530

Sec. 3313.88. (A)(1) Prior to the first day of August of	54531
each school year, the board of education of any school district or	54532
the governing authority of any chartered nonpublic school may	54533
submit to the department of education a plan to require students	54534
to access and complete classroom lessons posted on the district's	54535
or nonpublic school's web portal or web site in order to make up	54536
days in that school year on which it is necessary to close schools	54537
for any of the reasons specified in division (B) of section	54538
3317.01 of the Revised Code in excess of the number of days	54539
permitted under sections 3313.48, 3313.481, and 3317.01 of the	54540
Revised Code.	54541

Prior to the first day of August of each school year, the	54542
governing authority of any community school established under	54543
Chapter 3314. that is not an internet- or computer-based community	54544
school, as defined in section 3314.02 of the Revised Code, may	54545
submit to the department a plan to require students to access and	54546
complete classroom lessons posted on the school's web portal or	54547
web site in order to make up days or hours in that school year on	54548
which it is necessary to close the school for any of the reasons	54549
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	54550
Code so that the school is in compliance with the minimum number	54551
of hours required under Chapter 3314. of the Revised Code.	54552

A plan submitted by a school district board or chartered	54553
nonpublic school governing authority shall provide for making up	54554
any number of days, up to a maximum of three days. A plan	54555
submitted by a community school governing authority shall provide	54556
for making up any number of hours, up to a maximum of the	54557
equivalent of three days. Provided the plan meets all requirements	54558
of this section, the department shall permit the board or	54559
governing authority to implement the plan for the applicable	54560
school year.	54561

(2) Each plan submitted under this section by a school	54562
district board of education shall include the written consent of	54563
the teachers' employee representative designated under division	54564
(B) of section 4117.04 of the Revised Code.	54565

(3) Each plan submitted under this section shall provide for	54566
the following:	54567

(a) Not later than the first day of November of the school	54568
year, each classroom teacher shall develop a sufficient number of	54569
lessons for each course taught by the teacher that school year to	54570
cover the number of make-up days or hours specified in the plan.	54571
The teacher shall designate the order in which the lessons are to	54572
be posted on the district's, community school's, or nonpublic	54573
school's web portal or web site in the event of a school closure.	54574
Teachers may be granted up to one professional development day to	54575
create lesson plans for those lessons.	54576

(b) To the extent possible and necessary, a classroom teacher	54577
shall update or replace, based on current instructional progress,	54578
one or more of the lesson plans developed under division (A)(3)(a)	54579
of this section before they are posted on the web portal or web	54580
site under division (A)(3)(c) of this section or distributed under	54581
division (B) of this section.	54582

(c) As soon as practicable after a school closure, a district	54583
or school employee responsible for web portal or web site	54584
operations shall make the designated lessons available to students	54585
on the district's, community school's, or nonpublic school's	54586
portal or site. A lesson shall be posted for each course that was	54587
scheduled to meet on the day or hours of the closure.	54588

(d) Each student enrolled in a course for which a lesson is	54589
posted on the portal or site shall be granted a two-week period	54590
from the date of posting to complete the lesson. The student's	54591
classroom teacher shall grade the lesson in the same manner as	54592
other lessons. The student may receive an incomplete or failing	54593
grade if the lesson is not completed on time.	54594

(e) If a student does not have access to a computer at the	54595
student's residence and the plan does not include blizzard bags	54596
under division (B) of this section, the student shall be permitted	54597
to work on the posted lessons at school after the student's school	54598
reopens. If the lessons were posted prior to the reopening, the	54599
student shall be granted a two-week period from the date of the	54600
reopening, rather than from the date of posting as otherwise	54601
required under division (A)(3)(d) of this section, to complete the	54602
lessons. The district board or community school or nonpublic	54603
school governing authority may provide the student access to a	54604
computer before, during, or after the regularly scheduled school	54605
day or may provide a substantially similar paper lesson in order	54606
to complete the lessons.	54607

(B)(1) In addition to posting classroom lessons online under	54608
division (A) of this section, the board of education of any school	54609
district or governing authority of any community or chartered	54610
nonpublic school may include in the plan distribution of "blizzard	54611
bags," which are paper copies of the lessons posted online.	54612

(2) If a school opts to use blizzard bags, teachers shall	54613
prepare paper copies in conjunction with the lessons to be posted	54614
online and update the paper copies whenever the teacher updates	54615
the online lesson plans.	54616

(3) The board of education of any school district or	54617
governing authority of any community or chartered nonpublic school	54618
that opts to use blizzard bags shall specify in the plan the	54619
method of distribution of blizzard bag lessons, which may include,	54620
but not be limited to, requiring distribution by a specific	54621
deadline or requiring distribution prior to anticipated school	54622
closure as directed by the superintendent of a school district or	54623
the principal, director, chief administrative officer, or the	54624
equivalent, of a school.	54625

(4) Students shall turn in completed lessons in accordance	54626
with division (A)(3)(d) of this section.	54627

(C)(1) No school district that implements a plan in	54628
accordance with this section shall be considered to have failed to	54629
comply with division (B) of section 3317.01 of the Revised Code	54630
with respect to the number of make-up days specified in the plan.	54631

(2) No community school that implements a plan in accordance	54632
with this section shall be considered to have failed to comply	54633
with the minimum number of hours required under Chapter 3314. of	54634
the Revised Code with respect to the number of make-up hours	54635
specified in the plan.	54636

Sec. 3313.911. The state board of education may adopt a	54637
resolution assigning a city, exempted village, or local school	54638
district that is not a part of a joint vocational school district	54639
to membership in a joint vocational school district. A copy of the	54640
resolution shall be certified to the board of education of the	54641
joint vocational school district and the board of education of the	54642
district proposed to be assigned. The board of education of the	54643
joint vocational school district shall advertise a copy of the	54644
resolution in a newspaper of general circulation in the district	54645
proposed to be assigned once each week for two weeks, or as	54646
provided in section 7.16 of the Revised Code, immediately	54647
following the certification of the resolution to the board. The	54648
assignment shall take effect on the ninety-first day after the	54649
state board adopts the resolution, unless prior to that date	54650
qualified electors residing in the school district proposed for	54651
assignment, equal in number to ten per cent of the qualified	54652
electors of that district voting at the last general election,	54653
file a petition against the assignment.	54654

The petition of referendum shall be filed with the treasurer	54655
of the board of education of the district proposed to be assigned	54656
to the joint vocational school district. The treasurer shall give	54657
the person presenting the petition a receipt showing the time of	54658
day, date, and purpose of the petition. The treasurer shall cause	54659
the board of elections to determine the sufficiency of signatures	54660
on the petition and if the signatures are found to be sufficient,	54661
shall present the petition to the board of education of the	54662
district. The board of education shall promptly certify the	54663
question to the board of elections for the purpose of having the	54664
question placed on the ballot at the next general, primary, or	54665
special election not earlier than sixty days after the date of the	54666
certification.	54667

Only those qualified electors residing in the district	54668
proposed for assignment to the joint vocational school district	54669
are qualified to vote on the question. If a majority of the	54670
electors voting on the question vote against the assignment, it	54671
shall not take place, and the state board of education shall	54672
require the district to contract with the joint vocational school	54673
district or another school district as authorized by section	54674
3313.91 of the Revised Code.	54675

If a majority of the electors voting on the question do not	54676
vote against the assignment, the assignment shall take immediate	54677
effect, and the board of education of the joint vocational school	54678
district shall notify the county auditor of the county in which	54679
the school district becoming a part of the joint vocational school	54680
district is located to have any outstanding levy of the joint	54681
vocational school district spread over the territory of the school	54682
district that has become a part of the joint vocational school	54683
district.	54684

The assignment of a school district to a joint vocational	54685
school district pursuant to this section is subject to any	54686
agreements made between the board of education of the assigned	54687
school district and the board of education of the joint vocational	54688
school district. Such an agreement may include provisions for a	54689
payment by the assigned school district to the joint vocational	54690
school district of an amount to be contributed toward the cost of	54691
the existing facilities of the joint vocational school district.	54692

~~On the assignment of a school district to a joint vocational~~	54693
~~school district pursuant to this section, the joint vocational~~	54694
~~school district's board of education shall submit a proposal to~~	54695
~~the state board of education to enlarge or reorganize the~~	54696
~~membership of the joint vocational school district's board of~~	54697
~~education if expansion or reorganization of the board is necessary~~	54698
~~in order to comply with section 3311.19 of the Revised Code.~~	54699

Sec. 3313.976. (A) No private school may receive scholarship	54700
payments from parents pursuant to section 3313.979 of the Revised	54701
Code until the chief administrator of the private school registers	54702
the school with the superintendent of public instruction. The	54703
state superintendent shall register any school that meets the	54704
following requirements:	54705

(1) The school is located within the boundaries of the pilot	54706
project school district;	54707

(2) The school indicates in writing its commitment to follow	54708
all requirements for a state-sponsored scholarship program	54709
specified under sections 3313.974 to 3313.979 of the Revised Code,	54710
including, but not limited to, the requirements for admitting	54711
students pursuant to section 3313.977 of the Revised Code;	54712

(3) The school meets all state minimum standards for	54713
chartered nonpublic schools in effect on July 1, 1992, except that	54714
the state superintendent at the superintendent's discretion may	54715
register nonchartered nonpublic schools meeting the other	54716
requirements of this division;	54717

(4) The school does not discriminate on the basis of race,	54718
religion, or ethnic background;	54719

(5) The school enrolls a minimum of ten students per class or	54720
a sum of at least twenty-five students in all the classes offered;	54721

(6) The school does not advocate or foster unlawful behavior	54722
or teach hatred of any person or group on the basis of race,	54723
ethnicity, national origin, or religion;	54724

(7) The school does not provide false or misleading	54725
information about the school to parents, students, or the general	54726
public;	54727

(8) For students in grades kindergarten through eight with	54728
family incomes at or below two hundred per cent of the federal	54729
poverty guidelines, as defined in section 5104.46 of the Revised	54730
Code, the school agrees not to charge any tuition in excess of the	54731
scholarship amount established pursuant to division (C)(1) of	54732
section 3313.978 of the Revised Code, excluding any increase	54733
described in division (C)(2) of that section.	54734

(9) For students in grades kindergarten through eight with	54735
family incomes above two hundred per cent of the federal poverty	54736
guidelines, whose scholarship amounts are less than the actual	54737
tuition charge of the school, the school agrees not to charge any	54738
tuition in excess of the difference between the actual tuition	54739
charge of the school and the scholarship amount established	54740
pursuant to division (C)(1) of section 3313.978 of the Revised	54741
Code, excluding any increase described in division (C)(2) of that	54742
section. The school shall permit such tuition, at the discretion	54743
of the parent, to be satisfied by the family's provision of	54744
in-kind contributions or services.	54745

(10) The school agrees not to charge any tuition to families	54746
of students in grades nine through twelve receiving a scholarship	54747
in excess of the actual tuition charge of the school less the	54748
scholarship amount established pursuant to division (C)(1) of	54749
section 3313.978 of the Revised Code, excluding any increase	54750
described in division (C)(2) of that section.	54751

(11) ~~Notwithstanding~~If the school is not subject to division	54752
(K)(1)(a) of section 3301.0711 of the Revised Code, ~~the school~~it	54753
annually administers the assessments prescribed by section	54754
3301.0710 of the Revised Code to each scholarship student enrolled	54755
in the school in accordance with section 3301.0711 of the Revised	54756
Code and reports to the department of education the results of	54757
each such assessment administered to each scholarship student.	54758

(B) The state superintendent shall revoke the registration of	54759
any school if, after a hearing, the superintendent determines that	54760
the school is in violation of any of the provisions of division	54761
(A) of this section.	54762

(C) Any public school located in a school district adjacent	54763
to the pilot project district may receive scholarship payments on	54764
behalf of parents pursuant to section 3313.979 of the Revised Code	54765
if the superintendent of the district in which such public school	54766
is located notifies the state superintendent prior to the first	54767
day of March that the district intends to admit students from the	54768
pilot project district for the ensuing school year pursuant to	54769
section 3327.06 of the Revised Code.	54770

(D) Any parent wishing to purchase tutorial assistance from	54771
any person or governmental entity pursuant to the pilot project	54772
program under sections 3313.974 to 3313.979 of the Revised Code	54773
shall apply to the state superintendent. The state superintendent	54774
shall approve providers who appear to possess the capability of	54775
furnishing the instructional services they are offering to	54776
provide.	54777

Sec. 3313.978. (A) Annually by the first day of November,	54778
the superintendent of public instruction shall notify the pilot	54779
project school district of the number of initial scholarships that	54780
the state superintendent will be awarding in each of grades	54781
kindergarten through twelve.	54782

The state superintendent shall provide information about the	54783
scholarship program to all students residing in the district,	54784
shall accept applications from any such students until such date	54785
as shall be established by the state superintendent as a deadline	54786
for applications, and shall establish criteria for the selection	54787
of students to receive scholarships from among all those applying	54788
prior to the deadline, which criteria shall give preference to	54789
students from low-income families. The state superintendent shall	54790
notify students of their selection prior to the fifteenth day of	54791
January.	54792

(1) A student receiving a pilot project scholarship may	54793
utilize it at an alternative public school by notifying the	54794
district superintendent, at any time before the beginning of the	54795
school year, of the name of the public school in an adjacent	54796
school district to which the student has been accepted pursuant to	54797
section 3327.06 of the Revised Code.	54798

(2) A student may decide to utilize a pilot project	54799
scholarship at a registered private school in the district if all	54800
of the following conditions are met:	54801

(a) By the fifteenth day of February of the preceding school	54802
year, or at any time prior to the start of the school year, the	54803
parent makes an application on behalf of the student to a	54804
registered private school.	54805

(b) The registered private school notifies the parent and the	54806
state superintendent as follows that the student has been	54807
admitted:	54808

(i) By the fifteenth day of March of the preceding school	54809
year if the student filed an application by the fifteenth day of	54810
February and was admitted by the school pursuant to division (A)	54811
of section 3313.977 of the Revised Code;	54812

(ii) Within one week of the decision to admit the student if	54813
the student is admitted pursuant to division (C) of section	54814
3313.977 of the Revised Code.	54815

(c) The student actually enrolls in the registered private	54816
school to which the student was first admitted or in another	54817
registered private school in the district or in a public school in	54818
an adjacent school district.	54819

(B) The state superintendent shall also award in any school	54820
year tutorial assistance grants to a number of students equal to	54821
the number of students who receive scholarships under division (A)	54822
of this section. Tutorial assistance grants shall be awarded	54823
solely to students who are enrolled in the public schools of the	54824
district in a grade level covered by the pilot project. Tutorial	54825
assistance grants may be used solely to obtain tutorial assistance	54826
from a provider approved pursuant to division (D) of section	54827
3313.976 of the Revised Code.	54828

All students wishing to obtain tutorial assistance grants	54829
shall make application to the state superintendent by the first	54830
day of the school year in which the assistance will be used. The	54831
state superintendent shall award assistance grants in accordance	54832
with criteria the superintendent shall establish.	54833

(C)(1) In the case of basic scholarships for students in	54834
grades kindergarten through eight, the scholarship amount shall	54835
not exceed the lesser of the net tuition charges of the	54836
alternative school the scholarship recipient attends or ~~three~~	54837
~~thousand dollars before fiscal year 2007, three thousand four~~	54838
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	54839
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	54840
2012 and thereafter.	54841

In the case of basic scholarships for students in grades nine	54842
through twelve, the scholarship amount shall not exceed the lesser	54843
of the net tuition charges of the alternative school the	54844
scholarship recipient attends or ~~two thousand seven hundred~~	54845
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	54846
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	54847
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	54848
2013, and five thousand seven hundred dollars in fiscal year 2014	54849
and thereafter.	54850

The net tuition and fees charged to a student shall be the	54851
tuition amount specified by the alternative school minus all other	54852
financial aid, discounts, and adjustments received for the	54853
student. In cases where discounts are offered for multiple	54854
students from the same family, and not all students in the same	54855
family are scholarship recipients, the net tuition amount	54856
attributable to the scholarship recipient shall be the lowest net	54857
tuition to which the family is entitled.	54858

(2) The state superintendent shall provide for an increase in	54859
the basic scholarship amount in the case of any student who is a	54860
mainstreamed student with a disability and shall further increase	54861
such amount in the case of any separately educated student with a	54862
disability. Such increases shall take into account the	54863
instruction, related services, and transportation costs of	54864
educating such students.	54865

(3) In the case of tutorial assistance grants, the grant	54866
amount shall not exceed the lesser of the provider's actual	54867
charges for such assistance or:	54868

(a) Before fiscal year 2007, a percentage established by the	54869
state superintendent, not to exceed twenty per cent, of the amount	54870
of the pilot project school district's average basic scholarship	54871
amount;	54872

(b) In fiscal year 2007 and thereafter, four hundred dollars.

54873

(D)(1) Annually by the first day of November, the state	54874
superintendent shall estimate the maximum per-pupil scholarship	54875
amounts for the ensuing school year. The state superintendent	54876
shall make this estimate available to the general public at the	54877
offices of the district board of education together with the forms	54878
required by division (D)(2) of this section.	54879

(2) Annually by the fifteenth day of January, the chief	54880
administrator of each registered private school located in the	54881
pilot project district and the principal of each public school in	54882
such district shall complete a parental information form and	54883
forward it to the president of the board of education. The	54884
parental information form shall be prescribed by the department of	54885
education and shall provide information about the grade levels	54886
offered, the numbers of students, tuition amounts, achievement	54887
test results, and any sectarian or other organizational	54888
affiliations.	54889

(E)(1) Only for the purpose of administering the pilot	54890
project scholarship program, the department may request from any	54891
of the following entities the data verification code assigned	54892
under division (D)(2) of section 3301.0714 of the Revised Code to	54893
any student who is seeking a scholarship under the program:	54894

(a) The school district in which the student is entitled to	54895
attend school under section 3313.64 or 3313.65 of the Revised	54896
Code;	54897

(b) If applicable, the community school in which the student	54898
is enrolled;	54899

(c) The independent contractor engaged to create and maintain	54900
data verification codes.	54901

(2) Upon a request by the department under division (E)(1) of	54902
this section for the data verification code of a student seeking a	54903
scholarship or a request by the student's parent for that code,	54904
the school district or community school shall submit that code to	54905
the department or parent in the manner specified by the	54906
department. If the student has not been assigned a code, because	54907
the student will be entering kindergarten during the school year	54908
for which the scholarship is sought, the district shall assign a	54909
code to that student and submit the code to the department or	54910
parent by a date specified by the department. If the district does	54911
not assign a code to the student by the specified date, the	54912
department shall assign a code to the student.	54913

The department annually shall submit to each school district	54914
the name and data verification code of each student residing in	54915
the district who is entering kindergarten, who has been awarded a	54916
scholarship under the program, and for whom the department has	54917
assigned a code under this division.	54918

(3) The department shall not release any data verification	54919
code that it receives under division (E) of this section to any	54920
person except as provided by law.	54921

(F) Any document relative to the pilot project scholarship	54922
program that the department holds in its files that contains both	54923
a student's name or other personally identifiable information and	54924
the student's data verification code shall not be a public record	54925
under section 149.43 of the Revised Code.	54926

(G)(1) The department annually shall compile the scores	54927
attained by scholarship students enrolled in registered private	54928
schools on the assessments administered to the students pursuant	54929
to division (A)(11) of section 3313.976 of the Revised Code. The	54930
scores shall be aggregated as follows:	54931

(a) By school district, which shall include all scholarship	54932
students residing in the pilot project school district who are	54933
enrolled in a registered private school and were required to take	54934
an assessment pursuant to division (A)(11) of section 3313.976 of	54935
the Revised Code;	54936

(b) By registered private school, which shall include all	54937
scholarship students enrolled in that school who were required to	54938
take an assessment pursuant to division (A)(11) of section	54939
3313.976 of the Revised Code.	54940

(2) The department shall disaggregate the student performance	54941
data described in division (G)(1) of this section according to the	54942
following categories:	54943

(a) Grade level;

54944

(b) Race and ethnicity;

54945

54946

(d) Students who have participated in the scholarship program	54947
for three or more years;	54948

(e) Students who have participated in the scholarship program	54949
for more than one year and less than three years;	54950

(f) Students who have participated in the scholarship program	54951
for one year or less;	54952

(g) Economically disadvantaged students.

54953

(3) The department shall post the student performance data	54954
required under divisions (G)(1) and (2) of this section on its web	54955
site and shall include that data in the information about the	54956
scholarship program provided to students under division (A) of	54957
this section. In reporting student performance data under this	54958
division, the department shall not include any data that is	54959
statistically unreliable or that could result in the	54960
identification of individual students. For this purpose, the	54961
department shall not report performance data for any group that	54962
contains less than ten students.	54963

(4) The department shall provide the parent of each	54964
scholarship student enrolled in a registered private school with	54965
information comparing the student's performance on the assessments	54966
administered pursuant to division (A)(11) of section 3313.976 of	54967
the Revised Code with the average performance of similar students	54968
enrolled in the building operated by the pilot project school	54969
district that the scholarship student would otherwise attend. In	54970
calculating the performance of similar students, the department	54971
shall consider age, grade, race and ethnicity, gender, and	54972
socioeconomic status.	54973

Sec. 3313.98. Notwithstanding division (D) of section	54974
3311.19 and division (D) of section 3311.52 of the Revised Code,	54975
the provisions of this section and sections 3313.981 to 3313.983	54976
of the Revised Code that apply to a city school district do not	54977
apply to a joint vocational or cooperative education school	54978
district unless expressly specified.	54979

(A) As used in this section and sections 3313.981 to 3313.983	54980
of the Revised Code:	54981

(1) "Parent" means either of the natural or adoptive parents	54982
of a student, except under the following conditions:	54983

(a) When the marriage of the natural or adoptive parents of	54984
the student has been terminated by a divorce, dissolution of	54985
marriage, or annulment or the natural or adoptive parents of the	54986
student are living separate and apart under a legal separation	54987
decree and the court has issued an order allocating the parental	54988
rights and responsibilities with respect to the student, "parent"	54989
means the residential parent as designated by the court except	54990
that "parent" means either parent when the court issues a shared	54991
parenting decree.	54992

(b) When a court has granted temporary or permanent custody	54993
of the student to an individual or agency other than either of the	54994
natural or adoptive parents of the student, "parent" means the	54995
legal custodian of the child.	54996

(c) When a court has appointed a guardian for the student,	54997
"parent" means the guardian of the student.	54998

(2) "Native student" means a student entitled under section	54999
3313.64 or 3313.65 of the Revised Code to attend school in a	55000
district adopting a resolution under this section.	55001

(3) "Adjacent district" means a city, exempted village, or	55002
local school district having territory that abuts the territory of	55003
a district adopting a resolution under this section.	55004

(4) "Adjacent district student" means a student entitled	55005
under section 3313.64 or 3313.65 of the Revised Code to attend	55006
school in an adjacent district.	55007

(5) "Adjacent district joint vocational student" means an	55008
adjacent district student who enrolls in a city, exempted village,	55009
or local school district pursuant to this section and who also	55010
enrolls in a joint vocational school district that does not	55011
contain the territory of the district for which that student is a	55012
native student and does contain the territory of the city,	55013
exempted village, or local district in which the student enrolls.	55014

(6) "Formula amount" has the same meaning as in section	55015
3317.02 of the Revised Code.	55016

(7) ~~"Adjusted formula amount" means the sum of the formula~~	55017
~~amount plus the per pupil amount of the base funding supplements~~	55018
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	55019
~~Revised Code for fiscal year 2009.~~	55020

~~(8)~~ "Poverty line" means the poverty line established by the	55021
director of the United States office of management and budget as	55022
revised by the ~~director~~secretary of ~~the office of community~~	55023
health and human services in accordance with section 673(2) of the	55024
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	55025
9902, as amended.	55026

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	55027
the Revised Code.	55028

~~(10)~~(9) "Other district" means a city, exempted village, or	55029
local school district having territory outside of the territory of	55030
a district adopting a resolution under this section.	55031

~~(11)~~(10) "Other district student" means a student entitled	55032
under section 3313.64 or 3313.65 of the Revised Code to attend	55033
school in an other district.	55034

~~(12)~~(11) "Other district joint vocational student" means a	55035
student who is enrolled in any city, exempted village, or local	55036
school district and who also enrolls in a joint vocational school	55037
district that does not contain the territory of the district for	55038
which that student is a native student in accordance with a policy	55039
adopted under section 3313.983 of the Revised Code.	55040

(B)(1) The board of education of each city, local, and	55041
exempted village school district shall adopt a resolution	55042
establishing for the school district one of the following	55043
policies:	55044

(a) A policy that entirely prohibits the enrollment of	55045
students from adjacent districts or other districts, other than	55046
students for whom tuition is paid in accordance with section	55047
3317.08 of the Revised Code;	55048

(b) A policy that permits enrollment of students from all	55049
adjacent districts in accordance with policy statements contained	55050
in the resolution;	55051

(c) A policy that permits enrollment of students from all	55052
other districts in accordance with policy statements contained in	55053
the resolution.	55054

(2) A policy permitting enrollment of students from adjacent	55055
or from other districts, as applicable, shall provide for all of	55056
the following:	55057

(a) Application procedures, including deadlines for	55058
application and for notification of students and the	55059
superintendent of the applicable district whenever an adjacent or	55060
other district student's application is approved.	55061

(b) Procedures for admitting adjacent or other district	55062
applicants free of any tuition obligation to the district's	55063
schools, including, but not limited to:	55064

(i) The establishment of district capacity limits by grade	55065
level, school building, and education program;	55066

(ii) A requirement that all native students wishing to be	55067
enrolled in the district will be enrolled and that any adjacent or	55068
other district students previously enrolled in the district shall	55069
receive preference over first-time applicants;	55070

(iii) Procedures to ensure that an appropriate racial balance	55071
is maintained in the district schools.	55072

(C) Except as provided in section 3313.982 of the Revised	55073
Code, the procedures for admitting adjacent or other district	55074
students, as applicable, shall not include:	55075

(1) Any requirement of academic ability, or any level of	55076
athletic, artistic, or other extracurricular skills;	55077

(2) Limitations on admitting applicants because of	55078
disability, except that a board may refuse to admit a student	55079
receiving services under Chapter 3323. of the Revised Code, if the	55080
services described in the student's IEP are not available in the	55081
district's schools;	55082

(3) A requirement that the student be proficient in the	55083
English language;	55084

(4) Rejection of any applicant because the student has been	55085
subject to disciplinary proceedings, except that if an applicant	55086
has been suspended or expelled by the student's district for ten	55087
consecutive days or more in the term for which admission is sought	55088
or in the term immediately preceding the term for which admission	55089
is sought, the procedures may include a provision denying	55090
admission of such applicant.	55091

(D)(1) Each school board permitting only enrollment of	55092
adjacent district students shall provide information about the	55093
policy adopted under this section, including the application	55094
procedures and deadlines, to the superintendent and the board of	55095
education of each adjacent district and, upon request, to the	55096
parent of any adjacent district student.	55097

(2) Each school board permitting enrollment of other district	55098
students shall provide information about the policy adopted under	55099
this section, including the application procedures and deadlines,	55100
upon request, to the board of education of any other school	55101
district or to the parent of any student anywhere in the state.	55102

(E) Any school board shall accept all credits toward	55103
graduation earned in adjacent or other district schools by an	55104
adjacent or other district student or a native student.	55105

(F)(1) No board of education may adopt a policy discouraging	55106
or prohibiting its native students from applying to enroll in the	55107
schools of an adjacent or any other district that has adopted a	55108
policy permitting such enrollment, except that:	55109

(a) A district may object to the enrollment of a native	55110
student in an adjacent or other district in order to maintain an	55111
appropriate racial balance.	55112

(b) The board of education of a district receiving funds	55113
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	55114
may adopt a resolution objecting to the enrollment of its native	55115
students in adjacent or other districts if at least ten per cent	55116
of its students are included in the determination of the United	55117
States secretary of education made under section 20 U.S.C.A.	55118
238(a).	55119

(2) If a board objects to enrollment of native students under	55120
this division, any adjacent or other district shall refuse to	55121
enroll such native students unless tuition is paid for the	55122
students in accordance with section 3317.08 of the Revised Code.	55123
An adjacent or other district enrolling such students may not	55124
receive funding for those students in accordance with section	55125
3313.981 of the Revised Code.	55126

(G) The state board of education shall monitor school	55127
districts to ensure compliance with this section and the	55128
districts' policies. The board may adopt rules requiring uniform	55129
application procedures, deadlines for application, notification	55130
procedures, and record-keeping requirements for all school boards	55131
that adopt policies permitting the enrollment of adjacent or other	55132
district students, as applicable. If the state board adopts such	55133
rules, no school board shall adopt a policy that conflicts with	55134
those rules.	55135

(H) A resolution adopted by a board of education under this	55136
section that entirely prohibits the enrollment of students from	55137
adjacent and from other school districts does not abrogate any	55138
agreement entered into under section 3313.841 or 3313.92 of the	55139
Revised Code or any contract entered into under section 3313.90 of	55140
the Revised Code between the board of education adopting the	55141
resolution and the board of education of any adjacent or other	55142
district or prohibit these boards of education from entering into	55143
any such agreement or contract.	55144

(I) Nothing in this section shall be construed to permit or	55145
require the board of education of a city, exempted village, or	55146
local school district to exclude any native student of the	55147
district from enrolling in the district.	55148

Sec. 3313.981. (A) The state board of education shall adopt	55149
rules requiring all of the following:	55150

(1) The board of education of each city, exempted village,	55151
and local school district to annually report to the department of	55152
education all of the following:	55153

(a) The number of adjacent district or other district	55154
students, as applicable, and adjacent district or other district	55155
joint vocational students, as applicable, enrolled in the district	55156
and the number of native students enrolled in adjacent or other	55157
districts, in accordance with a policy adopted under division (B)	55158
of section 3313.98 of the Revised Code;	55159

(b) Each adjacent district or other district student's or	55160
adjacent district or other district joint vocational student's	55161
date of enrollment in the district;	55162

(c) The full-time equivalent number of adjacent district or	55163
other district students enrolled in ~~vocational~~each of the	55164
categories of career-technical education programs or classes	55165
described in ~~division (A) of~~ section 3317.014 of the Revised Code	55166
~~and the full-time equivalent number of such students enrolled in~~	55167
~~vocational education programs or classes described in division (B)~~	55168
~~of that section~~;	55169

(d) Each native student's date of enrollment in an adjacent	55170
or other district.	55171

(2) The board of education of each joint vocational school	55172
district to annually report to the department all of the	55173
following:	55174

(a) The number of adjacent district or other district joint	55175
vocational students, as applicable, enrolled in the district;	55176

(b) The full-time equivalent number of adjacent district or	55177
other district joint vocational students enrolled in ~~vocational~~	55178
each category of career-technical education programs or classes	55179
described in ~~division (A) of~~ section 3317.014 of the Revised Code	55180
~~and the full-time equivalent number of such students enrolled in~~	55181
~~vocational education programs or classes described in division (B)~~	55182
~~of that section~~;	55183

(c) For each adjacent district or other district joint	55184
vocational student, the city, exempted village, or local school	55185
district in which the student is also enrolled.	55186

(3) Prior to the first full school week in October each year,	55187
the superintendent of each city, local, or exempted village school	55188
district that admits adjacent district or other district students	55189
or adjacent district or other district joint vocational students	55190
in accordance with a policy adopted under division (B) of section	55191
3313.98 of the Revised Code to notify each adjacent or other	55192
district where those students are entitled to attend school under	55193
section 3313.64 or 3313.65 of the Revised Code of the number of	55194
the adjacent or other district's native students who are enrolled	55195
in the superintendent's district under the policy.	55196

The rules shall provide for the method of counting students	55197
who are enrolled for part of a school year in an adjacent or other	55198
district or as an adjacent district or other district joint	55199
vocational student.	55200

(B) From the payments made to a city, exempted village, or	55201
local school district under Chapter 3317. of the Revised Code and,	55202
if necessary, from the payments made to the district under	55203
sections 321.24 and 323.156 of the Revised Code, the department of	55204
education shall annually subtract both of the following:	55205

(1) An amount equal to the number of the district's native	55206
students reported under division (A)(1) of this section who are	55207
enrolled in adjacent or other school districts pursuant to	55208
policies adopted by such districts under division (B) of section	55209
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	55210
amount;	55211

(2) The excess costs computed in accordance with division (E)	55212
of this section for any such native students receiving special	55213
education and related services in adjacent or other school	55214
districts or as an adjacent district or other district joint	55215
vocational student;	55216

(3) For the ~~full-time equivalent number~~each of the	55217
district's native students reported under division (A)(1)(c) or	55218
(2)(b) of this section as enrolled in ~~vocational~~career-technical	55219
education programs or classes described in section 3317.014 of the	55220
Revised Code, anthe per pupil amount ~~equal to $5,732 times the~~	55221
~~applicable multiple~~ prescribed by that section for the student's	55222
respective career-technical category, on a full-time equivalency	55223
basis.	55224

(C) To the payments made to a city, exempted village, or	55225
local school district under Chapter 3317. of the Revised Code, the	55226
department of education shall annually add all of the following:	55227

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	55228
by the remainder obtained by subtracting the number of adjacent	55229
district or other district joint vocational students from the	55230
number of adjacent district or other district students enrolled in	55231
the district, as reported under division (A)(1) of this section;	55232

(2) The excess costs computed in accordance with division (E)	55233
of this section for any adjacent district or other district	55234
students, except for any adjacent or other district joint	55235
vocational students, receiving special education and related	55236
services in the district;	55237

(3) For the ~~full-time equivalent number~~each of the adjacent	55238
or other district students who are not adjacent district or other	55239
district joint vocational students and are reported under division	55240
(A)(1)(c) of this section as enrolled in ~~vocational~~	55241
career-technical education programs or classes described in	55242
section 3317.014 of the Revised Code, anthe per pupil amount	55243
~~equal to $5,732 times the applicable multiple~~ prescribed by that	55244
section for the student's respective career-technical category, on	55245
a full-time equivalency basis;	55246

(4) An amount equal to the number of adjacent district or	55247
other district joint vocational students reported under division	55248
(A)(1) of this section multiplied by an amount equal to twenty per	55249
cent of the ~~adjusted~~ formula amount.	55250

(D) To the payments made to a joint vocational school	55251
district under Chapter 3317. of the Revised Code, the department	55252
of education shall add, for each adjacent district or other	55253
district joint vocational student reported under division (A)(2)	55254
of this section, both of the following:	55255

(1) The ~~adjusted~~ formula amount;

55256

(2) AnThe per pupil amount ~~equal to the full-time equivalent~~	55257
~~number~~for each of the students reported pursuant to division	55258
(A)(2)(b) of this section ~~times $5,732 times the applicable~~	55259
~~multiple~~ prescribed by section 3317.014 of the Revised Code for	55260
the student's respective career-technical category, on a full-time	55261
equivalency basis.	55262

(E)(1) A city, exempted village, or local school board	55263
providing special education and related services to an adjacent or	55264
other district student in accordance with an IEP shall, pursuant	55265
to rules of the state board, compute the excess costs to educate	55266
such student as follows:	55267

(a) Subtract the ~~adjusted~~ formula amount from the actual	55268
costs to educate the student;	55269

(b) From the amount computed under division (E)(1)(a) of this	55270
section subtract the amount of any funds received by the district	55271
under Chapter 3317. of the Revised Code to provide special	55272
education and related services to the student.	55273

(2) The board shall report the excess costs computed under	55274
this division to the department of education.	55275

(3) If any student for whom excess costs are computed under	55276
division (E)(1) of this section is an adjacent or other district	55277
joint vocational student, the department of education shall add	55278
the amount of such excess costs to the payments made under Chapter	55279
3317. of the Revised Code to the joint vocational school district	55280
enrolling the student.	55281

(F) As provided in division (D)(1)(b) of section 3317.03 of	55282
the Revised Code, no joint vocational school district shall count	55283
any adjacent or other district joint vocational student enrolled	55284
in the district in its formula ADM certified under section 3317.03	55285
of the Revised Code.	55286

(G) No city, exempted village, or local school district shall	55287
receive a payment under division (C) of this section for a	55288
student, and no joint vocational school district shall receive a	55289
payment under division (D) of this section for a student, if for	55290
the same school year that student is counted in the district's	55291
formula ADM certified under section 3317.03 of the Revised Code.	55292

(H) Upon request of a parent, and provided the board offers	55293
transportation to native students of the same grade level and	55294
distance from school under section 3327.01 of the Revised Code, a	55295
city, exempted village, or local school board enrolling an	55296
adjacent or other district student shall provide transportation	55297
for the student within the boundaries of the board's district,	55298
except that the board shall be required to pick up and drop off a	55299
nonhandicapped student only at a regular school bus stop	55300
designated in accordance with the board's transportation policy.	55301
Pursuant to rules of the state board of education, such board may	55302
reimburse the parent from funds received for pupil transportation	55303
under section 3317.0212 of the Revised Code, or other provisions	55304
of law, for the reasonable cost of transportation from the	55305
student's home to the designated school bus stop if the student's	55306
family has an income below the federal poverty line.	55307

Sec. 3314.015. (A) The department of education shall be	55308
responsible for the oversight of any and all sponsors of the	55309
community schools established under this chapter and shall provide	55310
technical assistance to schools and sponsors in their compliance	55311
with applicable laws and the terms of the contracts entered into	55312
under section 3314.03 of the Revised Code and in the development	55313
and start-up activities of those schools. In carrying out its	55314
duties under this section, the department shall do all of the	55315
following:	55316

(1) In providing technical assistance to proposing parties,	55317
governing authorities, and sponsors, conduct training sessions and	55318
distribute informational materials;	55319

(2) Approve entities to be sponsors of community schools;

55320

(3) Monitor and evaluate, as required under section 3314.016	55321
of the Revised Code, the effectiveness of any and all sponsors in	55322
their oversight of the schools with which they have contracted;	55323

(4) By December thirty-first of each year, issue a report to	55324
the governor, the speaker of the house of representatives, the	55325
president of the senate, and the chairpersons of the house and	55326
senate committees principally responsible for education matters	55327
regarding the effectiveness of academic programs, operations, and	55328
legal compliance and of the financial condition of all community	55329
schools established under this chapter and on the performance of	55330
community school sponsors;	55331

(5) From time to time, make legislative recommendations to	55332
the general assembly designed to enhance the operation and	55333
performance of community schools.	55334

(B)(1) Except as provided in sections 3314.021 and 3314.027	55335
of the Revised Code, no entity listed in division (C)(1) of	55336
section 3314.02 of the Revised Code shall enter into a preliminary	55337
agreement under division (C)(2) of section 3314.02 of the Revised	55338
Code until it has received approval from the department of	55339
education to sponsor community schools under this chapter and has	55340
entered into a written agreement with the department regarding the	55341
manner in which the entity will conduct such sponsorship. ~~The~~	55342

The initial term of a sponsor's agreement with the department	55343
shall be for up to seven years. For every year that the sponsor	55344
satisfies the conditions of division (B)(1)(a) or (b) of this	55345
section, as applicable, the department shall add one year to the	55346
agreement term, subject to divisions (C) and (F) of this section,	55347
unless the sponsor notifies the department that it does not wish	55348
to have the term of the agreement so extended.	55349

To qualify for the extension of the term of the sponsor's	55350
agreement, the sponsor shall satisfy one of the following, as	55351
applicable:	55352

(a) Prior to January 1, 2015, the sponsor is not in the	55353
lowest twenty per cent of sponsors statewide according to the	55354
composite performance index score as ranked under section 3314.016	55355
of the Revised Code, as that section exists prior to that date,	55356
and the sponsor continues to meet all the requirements of this	55357
chapter pertaining to community school sponsors.	55358

(b) On or after January 1, 2015, the sponsor is rated as	55359
"exemplary" or "effective" under section 3314.016 of the Revised	55360
Code, as that section exists on and after that date, and the	55361
sponsor continues to meet all the requirements of this chapter	55362
pertaining to community school sponsors.	55363

The department shall adopt in accordance with Chapter 119. of	55364
the Revised Code rules containing criteria, procedures, and	55365
deadlines for processing applications for ~~such~~ approval of	55366
sponsors, for oversight of sponsors, for notifying a sponsor of	55367
noncompliance with applicable laws and administrative rules under	55368
division (F) of this section, for revocation of the approval of	55369
sponsors under division (C) of this section, and for entering	55370
into written agreements with sponsors. The rules shall require an	55371
entity to submit evidence of the entity's ability and willingness	55372
to comply with the provisions of division (D) of section 3314.03	55373
of the Revised Code. The rules also shall require entities	55374
approved as sponsors on and after June 30, 2005, to demonstrate a	55375
record of financial responsibility and successful implementation	55376
of educational programs. If an entity seeking approval on or after	55377
June 30, 2005, to sponsor community schools in this state sponsors	55378
or operates schools in another state, at least one of the schools	55379
sponsored or operated by the entity must be comparable to or	55380
better than the performance of Ohio schools in need of continuous	55381
improvement under section 3302.03 of the Revised Code, as	55382
determined by the department.	55383

Subject to section 3314.016 of the Revised Code, an entity	55384
that sponsors community schools may enter into preliminary	55385
agreements and sponsor up to one hundred schools, provided each	55386
school and the contract for sponsorship meets the requirements of	55387
this chapter.	55388

(2) The state board of education shall determine, pursuant to	55389
criteria specified in rules adopted in accordance with Chapter	55390
119. of the Revised Code, whether the mission proposed to be	55391
specified in the contract of a community school to be sponsored by	55392
a state university board of trustees or the board's designee under	55393
division (C)(1)(e) of section 3314.02 of the Revised Code complies	55394
with the requirements of that division. Such determination of the	55395
state board is final.	55396

(3) The state board of education shall determine, pursuant to	55397
criteria specified in rules adopted in accordance with Chapter	55398
119. of the Revised Code, if any tax-exempt entity under section	55399
501(c)(3) of the Internal Revenue Code that is proposed to be a	55400
sponsor of a community school is an education-oriented entity for	55401
purpose of satisfying the condition prescribed in division	55402
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	55403
determination of the state board is final.	55404

(C) If at any time the state board of education finds that a	55405
sponsor is not in compliance or is no longer willing to comply	55406
with its contract with any community school or with the	55407
department's rules for sponsorship, the state board or designee	55408
shall conduct a hearing in accordance with Chapter 119. of the	55409
Revised Code on that matter. If after the hearing, the state board	55410
or designee has confirmed the original finding, the department of	55411
education may revoke the sponsor's approval to sponsor community	55412
schools. In that case, the department's office of Ohio school	55413
sponsorship, established under section 3314.029 of the Revised	55414
Code, may assume the sponsorship of any schools with which the	55415
sponsor has contracted until the earlier of the expiration of two	55416
school years or until a new sponsor as described in division	55417
(C)(1) of section 3314.02 of the Revised Code is secured by the	55418
school's governing authority. The office of Ohio school	55419
sponsorship may extend the term of the contract in the case of a	55420
school for which it has assumed sponsorship under this division as	55421
necessary to accommodate the term of the department's	55422
authorization to sponsor the school specified in this division.	55423
Community schools sponsored under this division shall not apply to	55424
the limit on directly authorized community schools under division	55425
(A)(3) of section 3314.029 of the Revised Code. However, nothing	55426
in this division shall preclude a community school affected by	55427
this division from applying for sponsorship under that section.	55428

(D) The decision of the department to disapprove an entity	55429
for sponsorship of a community school or to revoke approval for	55430
such sponsorship under division (C) of this section, may be	55431
appealed by the entity in accordance with section 119.12 of the	55432
Revised Code.	55433

(E) The department shall adopt procedures for use by a	55434
community school governing authority and sponsor when the school	55435
permanently closes and ceases operation, which shall include at	55436
least procedures for data reporting to the department, handling of	55437
student records, distribution of assets in accordance with section	55438
3314.074 of the Revised Code, and other matters related to ceasing	55439
operation of the school.	55440

(F)(1) In lieu of revoking a sponsor's authority to sponsor	55441
community schools under division (C) of this section, if the	55442
department finds that a sponsor is not in compliance with	55443
applicable laws and administrative rules, the department shall	55444
declare in a written notice to the sponsor the specific laws or	55445
rules, or both, for which the sponsor is noncompliant. A sponsor	55446
notified under division (F)(1) of this section shall respond to	55447
the department not later than fourteen days after the notification	55448
with a proposed plan to remedy the conditions for which the	55449
sponsor was found to be noncompliant. The department shall approve	55450
or disapprove the plan not later than fourteen days after	55451
receiving it. If the plan is disapproved, the sponsor may submit a	55452
revised plan to the department not later than fourteen days after	55453
receiving notification of disapproval from the department or not	55454
later than sixty days after the date the sponsor received	55455
notification of noncompliance from the department, whichever is	55456
earlier. The department shall approve or disapprove the revised	55457
plan not later than fourteen days after receiving it or not later	55458
than sixty days after the date the sponsor received notification	55459
of noncompliance from the department, whichever is earlier. A	55460
sponsor may continue to make revisions by the deadlines prescribed	55461
in division (F)(1) of this section to any revised plan that is	55462
disapproved by the department until the sixtieth day after the	55463
date the sponsor received notification of noncompliance from the	55464
department.	55465

If a plan or a revised plan is approved, the sponsor shall	55466
implement it not later than sixty days after the date the sponsor	55467
received notification of noncompliance from the department or not	55468
later than thirty days after the plan is approved, whichever is	55469
later. If a sponsor does not respond to the department or	55470
implement an approved compliance plan by the deadlines prescribed	55471
by division (F)(1) of this section, or if a sponsor does not	55472
receive approval of a compliance plan on or before the sixtieth	55473
day after the date the sponsor received notification of	55474
noncompliance from the department, the department shall declare in	55475
written notice to the sponsor that the sponsor is in probationary	55476
status, and may limit the sponsor's ability to sponsor additional	55477
schools.	55478

(2) A sponsor that has been placed on probationary status	55479
under division (F)(1) of this section may apply to the department	55480
for its probationary status to be lifted. The application for a	55481
sponsor's probationary status to be lifted shall include evidence,	55482
occurring after the initial notification of noncompliance, of the	55483
sponsor's compliance with applicable laws and administrative	55484
rules. Not later than fourteen days after receiving an application	55485
from the sponsor, the department shall decide whether or not to	55486
remove the sponsor's probationary status.	55487

(G) In carrying out its duties under this chapter, the	55488
department shall not impose requirements on community schools or	55489
their sponsors that are not permitted by law or duly adopted	55490
rules.	55491

(H) This section applies to entities that sponsor conversion	55492
community schools and new start-up schools.	55493

Sec. 3314.017. (A) The state board of education shall	55494
prescribe by rules, adopted in accordance with Chapter 119. of the	55495
Revised Code, an academic performance rating and report card	55496
system that satisfies the requirements of this section for	55497
community schools that primarily serve students enrolled in	55498
dropout prevention and recovery programs as described in division	55499
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	55500
lieu of the system prescribed under sections 3302.03 and 3314.012	55501
of the Revised Code beginning with the 2012-2013 school year. Each	55502
such school shall comply with the testing and reporting	55503
requirements of the system as prescribed by the state board.	55504

(B) Nothing in this section shall at any time relieve a	55505
school from its obligations under the "No Child Left Behind Act of	55506
2001" to make "adequate yearly progress," as both that act and	55507
that term are defined in section 3302.01 of the Revised Code, or a	55508
school's amenability to the provisions of section 3302.04 or	55509
3302.041 of the Revised Code. The department shall continue to	55510
report each school's performance as required by the act and to	55511
enforce applicable sanctions under section 3302.04 or 3302.041 of	55512
the Revised Code.	55513

(C) The rules adopted by the state board shall prescribe the	55514
following performance indicators for the rating and report card	55515
system required by this section:	55516

(1) Graduation rate for each of the following student	55517
cohorts:	55518

(a) The number of students who graduate in four years or less	55519
with a regular high school diploma divided by the number of	55520
students who form the adjusted cohort for the graduating class;	55521

(b) The number of students who graduate in five years with a	55522
regular high school diploma divided by the number of students who	55523
form the adjusted cohort for the four-year graduation rate;	55524

(c) The number of students who graduate in six years with a	55525
regular high school diploma divided by the number of students who	55526
form the adjusted cohort for the four-year graduation rate;	55527

(d) The number of students who graduate in seven years with a	55528
regular high school diploma divided by the number of students who	55529
form the adjusted cohort for the four-year graduation rate;	55530

(e) The number of students who graduate in eight years with a	55531
regular high school diploma divided by the number of students who	55532
form the adjusted cohort for the four-year graduation rate.	55533

(2) The percentage of twelfth-grade students currently	55534
enrolled in the school who have attained the designated passing	55535
score on all of the applicable state high school achievement	55536
assessments required under division (B)(1) or (2) of section	55537
3301.0710 of the Revised Code and other students enrolled in the	55538
school, regardless of grade level, who are within three months of	55539
their twenty-second birthday and have attained the designated	55540
passing score on all of the applicable state high school	55541
achievement assessments by their twenty-second birthday;	55542

(3) Annual measurable objectives as defined in section	55543
3302.01 of the Revised Code;	55544

(4) Growth in student achievement in reading, or mathematics,	55545
or both as measured by separate nationally norm-referenced	55546
assessments that have developed appropriate standards for students	55547
enrolled in dropout prevention and recovery programs, adopted or	55548
approved by the state board.	55549

(D)(1) The state board's rules shall prescribe the expected	55550
performance levels and benchmarks for each of the indicators	55551
prescribed by division (C) of this section based on the data	55552
gathered by the department under division (F) of this section.	55553
Based on a school's level of attainment or nonattainment of the	55554
expected performance levels and benchmarks for each of the	55555
indicators, the department shall rate each school in one of the	55556
following categories:	55557

(a) Exceeds standards;

55558

(b) Meets standards;

55559

55560

(2) The state board's rules shall establish all of the	55561
following:	55562

(a) Not later than June 30, 2013, performance levels and	55563
benchmarks for the indicators described in divisions (C)(1) to (3)	55564
of this section;	55565

(b) Not later than December 31, 2014, both of the following:

55566

(i) Performance levels and benchmarks for the indicator	55567
described in division (C)(4) of this section;	55568

(ii) Standards for awarding a community school described in	55569
division (A)(4)(a) of section 3314.35 of the Revised Code an	55570
overall designation, which shall be calculated as follows:	55571

(I) Thirty per cent of the score shall be based on the	55572
indicators described in division (C)(1) of this section that are	55573
applicable to the school year for which the overall designation is	55574
granted.	55575

(II) Thirty per cent of the score shall be based on the	55576
indicators described in division (C)(4) of this section.	55577

(III) Twenty per cent of the score shall be based on the	55578
indicators described in division (C)(2) of this section.	55579

(IV) Twenty per cent of the score shall be based on the	55580
indicators described in division (C)(3) of this section.	55581

(3) If both of the indicators described in divisions (C)(1)	55582
and (2) of this section improve by ten per cent for two	55583
consecutive years, a school shall be rated asnot less than "meets	55584
standards."	55585

The rating and the relevant performance data for each school	55586
shall be posted on the department's web site, and a copy of the	55587
rating and data shall be provided to the governing authority of	55588
the community school.	55589

(E)(1) For the 2012-2013 school year, the department shall	55590
issue a report card including the following performance measures,	55591
but without a performance rating as described in divisions	55592
(D)(1)(a) to (c) of this section, for each community school	55593
described in division (A)(4)(a) of section 3314.35 of the Revised	55594
Code:	55595

(a) The graduation rates as described in divisions (C)(1)(a)	55596
to (c) of this section;	55597

(b) The percentage of twelfth-grade students and other	55598
students who have attained a designated passing score on high	55599
school achievement assessments as described in division (C)(2) of	55600
this section;	55601

(c) The statewide average for the graduation rates and	55602
assessment passage rates described in divisions (C)(1)(a) to (c)	55603
and (C)(2) of this section;	55604

(d) Annual measurable objectives described in division (C)(3)	55605
of this section.	55606

(2) For the 2013-2014 school year, the department shall issue	55607
a report card including the following performance measures for	55608
each community school described in division (A)(4) of section	55609
3314.35 of the Revised Code:	55610

(a) The graduation rates described in divisions (C)(1)(a) to	55611
(d) of this section, including a performance rating as described	55612
in divisions (D)(1)(a) to (c) of this section;	55613

(b) The percentage of twelfth-grade students and other	55614
students who have attained a designated passing score on high	55615
school achievement assessments as described in division (C)(2) of	55616
this section, including a performance rating as described in	55617
divisions (D)(1)(a) to (c) of this section;	55618

(c) Annual measurable objectives described in division (C)(3)	55619
of this section, including a performance rating as described in	55620
divisions (D)(1)(a) to (c) of this section;	55621

(d) Both of the following without an assigned rating:

55622

(i) Growth in annual student achievement in reading and	55623
mathematics described in division (C)(4) of this section, if	55624
available;	55625

(ii) Student outcome data, including postsecondary credit	55626
earned, nationally recognized career or technical certification,	55627
military enlistment, job placement, and attendance rate.	55628

(3) Beginning with the 2014-2015 school year, and annually	55629
thereafter, the department shall issue a report card for each	55630
community school described in division (A)(4)(a) of section	55631
3314.35 of the Revised Code that includes all of the following	55632
performance measures, including a performance rating for each	55633
measure as described in divisions (D)(1)(a) to (c) of this	55634
section:	55635

(a) The graduation rates as described in division (C)(1) of	55636
this section;	55637

(b) The percentage of twelfth-grade students and other	55638
students who have attained a designated passing score on high	55639
school achievement assessments as described in division (C)(2) of	55640
this section;	55641

(c) Annual measurable objectives described in division (C)(3)	55642
of this section, including a performance rating as described in	55643
divisions (D)(1)(a) to (c) of this section;	55644

(d) Growth in annual student achievement in reading and	55645
mathematics as described in division (C)(4) of this section;	55646

(e) An overall performance designation for the school	55647
calculated under rules adopted under division (D)(2) of this	55648
section.	55649

The department shall also include student outcome data,	55650
including postsecondary credit earned, nationally recognized	55651
career or technical certification, military enlistment, job	55652
placement, attendance rate, and progress on closing achievement	55653
gaps for each school. This information shall not be included in	55654
the calculation of a school's performance rating.	55655

(F) In developing the rating and report card system required	55656
by this section, during the 2012-2013 and 2013-2014 school years,	55657
the department shall gather and analyze data as determined	55658
necessary from each community school described in division	55659
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	55660
shall cooperate with the department by supplying requested data	55661
and administering required assessments, including sample	55662
assessments for purposes of measuring student achievement growth	55663
as described in division (C)(4) of this section. The department	55664
shall consult with stakeholder groups in performing its duties	55665
under this division.	55666

The department shall also identify one or more states that	55667
have established or are in the process of establishing similar	55668
academic performance rating systems for dropout prevention and	55669
recovery programs and consult with the departments of education of	55670
those states in developing the system required by this section.	55671

(G) Not later than December 31, 2014, the state board shall	55672
review the performance levels and benchmarks for performance	55673
indicators in the report card issued under this section and may	55674
revise them based on the data collected under division (F) of this	55675
section.	55676

Sec. 3314.027. Notwithstanding the requirement for initial	55677
approval of sponsorship by the department of education prescribed	55678
in divisions (A)(2) and (B)(1) of section 3314.015 of the Revised	55679
Code and any geographical restriction or mission requirement	55680
prescribed in division (C)(1) of section 3314.02 of the Revised	55681
Code, an entity that has entered into a contract to sponsor a	55682
community school on April 8, 2003, may continue to sponsor the	55683
school in conformance with the terms of that contract ~~as long as~~	55684
~~the entity complies with all other sponsorship provisions of this~~	55685
~~chapter. Such an entity~~and also may enter into new contracts to	55686
sponsor community schools after April 8, 2003, ~~and need not be~~	55687
~~approved by the department for such sponsorship, as otherwise~~	55688
~~required under divisions (A)(2) and (B)(1) of section 3314.015 of~~	55689
~~the Revised Code,~~ as long as the contracts conform to and the	55690
entity complies with all other provisions of this chapter.	55691

Regardless of the entity's authority to sponsor community	55692
schools without the initial approval of the department, each	55693
entity described in this section is under the continuing oversight	55694
of the department in accordance with rules adopted under section	55695
3314.015 of the Revised Code.	55696

Sec. 3314.029. This section establishes the Ohio school	55697
sponsorship program. The department of education shall establish	55698
an office of Ohio school sponsorship to perform the department's	55699
duties prescribed by this section.	55700

(A)(1) Notwithstanding anything to the contrary in this	55701
chapter, but subject to section 3314.20 of the Revised Code, any	55702
person, group of individuals, or entity may apply to the	55703
department for direct authorization to establish a community	55704
school and, upon approval of the application, may establish the	55705
school. Notwithstanding anything to the contrary in this chapter,	55706
the governing authority of an existing community school, upon the	55707
expiration or termination of its contract with the school's	55708
sponsor entered into under section 3314.03 of the Revised Code,	55709
may apply to the department for direct authorization to continue	55710
operating the school and, upon approval of the application, may	55711
continue to operate the school.	55712

Each application submitted to the department shall include	55713
the following:	55714

(a) Evidence that the applicant will be able to comply with	55715
division (C) of this section;	55716

(b) A statement indicating that the applicant agrees to	55717
comply with all applicable provisions of this chapter, including	55718
the requirement to be established as a nonprofit corporation or	55719
public benefit corporation in accordance with division (A)(1) of	55720
section 3314.03 of the Revised Code;	55721

(c) A statement attesting that no unresolved finding of	55722
recovery has been issued by the auditor of state against any	55723
person, group of individuals, or entity that is a party to the	55724
application and that no person who is party to the application has	55725
been a member of the governing authority of any community school	55726
that has permanently closed and against which an unresolved	55727
finding of recovery has been issued by the auditor of state. In	55728
the case of an application submitted by the governing authority of	55729
an existing community school, a person who is party to the	55730
application shall include each individual member of that governing	55731
authority.	55732

(d) A statement that the school will be nonsectarian in its	55733
programs, admission policies, employment practices, and all other	55734
operations, and will not be operated by a sectarian school or	55735
religious institution;	55736

(e) A statement of whether the school is to be created by	55737
converting all or part of an existing public school or educational	55738
service center building or is to be a new start-up school. If it	55739
is a converted public school or service center building, the	55740
statement shall include a specification of any duties or	55741
responsibilities of an employer that the board of education or	55742
service center governing board that operated the school or	55743
building before conversion is delegating to the governing	55744
authority of the community school with respect to all or any	55745
specified group of employees, provided the delegation is not	55746
prohibited by a collective bargaining agreement applicable to such	55747
employees.	55748

(f) A statement that the school's teachers will be licensed	55749
in the manner prescribed by division (A)(10) of section 3314.03 of	55750
the Revised Code;	55751

(g) A statement that the school will comply with all of the	55752
provisions of law enumerated in divisions (A)(11)(d) and (e) of	55753
section 3314.03 of the Revised Code and of division (A)(11)(h) of	55754
that section, if applicable;	55755

(h) A statement that the school's graduation and curriculum	55756
requirements will comply with division (A)(11)(f) of section	55757
3314.03 of the Revised Code;	55758

(i) A description of each of the following:

55759

(i) The school's mission and educational program, the	55760
characteristics of the students the school is expected to attract,	55761
the ages and grade levels of students, and the focus of the	55762
curriculum;	55763

(ii) The school's governing authority, which shall be in	55764
compliance with division (E) of section 3314.02 of the Revised	55765
Code;	55766

(iii) The school's admission and dismissal policies, which	55767
shall be in compliance with divisions (A)(5) and (6) of section	55768
3314.03 of the Revised Code;	55769

(iv) The school's business plan, including a five-year	55770
financial forecast;	55771

(v) In the case of an application to establish a community	55772
school, the applicant's resources and capacity to establish and	55773
operate the school;	55774

(vi) The school's academic goals to be achieved and the	55775
method of measurement that will be used to determine progress	55776
toward those goals, which shall include the statewide achievement	55777
assessments;	55778

(vii) The facilities to be used by the school and their	55779
locations;	55780

(viii) A description of the learning opportunities that will	55781
be offered to students including both classroom-based and	55782
nonclassroom-based learning opportunities that are in compliance	55783
with criteria for student participation established by the	55784
department under division ~~(L)~~(H)(2) of section 3314.08 of the	55785
Revised Code.	55786

(2) Subject to division (A)(3) of this section, the	55787
department shall approve each application, unless, within thirty	55788
days after receipt of the application, the department determines	55789
that the application does not satisfy the requirements of division	55790
(A)(1) of this section and provides the applicant a written	55791
explanation of the reasons for the determination. In that case,	55792
the department shall grant the applicant thirty days to correct	55793
the insufficiencies in the application. If the department	55794
determines that the insufficiencies have been corrected, it shall	55795
approve the application. If the department determines that the	55796
insufficiencies have not been corrected, it shall deny the	55797
application and provide the applicant with a written explanation	55798
of the reasons for the denial. The denial of an application may be	55799
appealed in accordance with section 119.12 of the Revised Code.	55800

(3) For each of five school years, beginning with the school	55801
year that begins in the calendar year in which this section takes	55802
effect, the department may approve up to twenty applications for	55803
community schools to be established or to continue operation under	55804
division (A) of this section; however, of the twenty applications	55805
that may be approved each school year, only up to five may be for	55806
the establishment of new schools.	55807

(4) Notwithstanding division (A)(2) of this section, the	55808
department may deny an application submitted by the governing	55809
authority of an existing community school, if a previous sponsor	55810
of that school did not renew its contract or terminated its	55811
contract with the school entered into under section 3314.03 of the	55812
Revised Code.	55813

(B) The department and the governing authority of each	55814
community school authorized under this section shall enter into a	55815
contract under section 3314.03 of the Revised Code.	55816
Notwithstanding division (A)(13) of that section, the contract	55817
with an existing community school may begin at any time during the	55818
academic year. The length of the initial contract of any community	55819
school under this section may be for any term up to five years.	55820
The contract may be renewed in accordance with division (E) of	55821
that section. The contract may provide for the school's governing	55822
authority to pay a fee for oversight and monitoring of the school	55823
that does not exceed three per cent of the total amount of	55824
payments for operating expenses that the school receives from the	55825
state.	55826

(C) The department may require a community school authorized	55827
under this section to post and file with the superintendent of	55828
public instruction a bond payable to the state or to file with the	55829
state superintendent a guarantee, which shall be used to pay the	55830
state any moneys owed by the community school in the event the	55831
school closes.	55832

(D) Except as otherwise provided in this section, a community	55833
school authorized under this section shall comply with all	55834
applicable provisions of this chapter. The department may take any	55835
action that a sponsor may take under this chapter to enforce the	55836
school's compliance with this division and the terms of the	55837
contract entered into under division (B) of this section.	55838

(E) Not later than December 31, 2012, and annually	55839
thereafter, the department shall issue a report on the program,	55840
including information about the number of community schools	55841
participating in the program and their compliance with the	55842
provisions of this chapter. In its fifth report, the department	55843
shall include a complete evaluation of the program and	55844
recommendations regarding the program's continuation. Each report	55845
shall be provided to the general assembly, in accordance with	55846
section 101.68 of the Revised Code, and to the governor.	55847

Sec. 3314.03. A copy of every contract entered into under	55848
this section shall be filed with the superintendent of public	55849
instruction. The department of education shall make available on	55850
its web site a copy of every approved, executed contract filed	55851
with the superintendent under this section.	55852

(A) Each contract entered into between a sponsor and the	55853
governing authority of a community school shall specify the	55854
following:	55855

(1) That the school shall be established as either of the	55856
following:	55857

(a) A nonprofit corporation established under Chapter 1702.	55858
of the Revised Code, if established prior to April 8, 2003;	55859

(b) A public benefit corporation established under Chapter	55860
1702. of the Revised Code, if established after April 8, 2003.	55861

(2) The education program of the school, including the	55862
school's mission, the characteristics of the students the school	55863
is expected to attract, the ages and grades of students, and the	55864
focus of the curriculum;	55865

(3) The academic goals to be achieved and the method of	55866
measurement that will be used to determine progress toward those	55867
goals, which shall include the statewide achievement assessments;	55868

(4) Performance standards by which the success of the school	55869
will be evaluated by the sponsor;	55870

(5) The admission standards of section 3314.06 of the Revised	55871
Code and, if applicable, section 3314.061 of the Revised Code;	55872

(6)(a) Dismissal procedures;

55873

(b) A requirement that the governing authority adopt an	55874
attendance policy that includes a procedure for automatically	55875
withdrawing a student from the school if the student without a	55876
legitimate excuse fails to participate in one hundred five	55877
consecutive hours of the learning opportunities offered to the	55878
student.	55879

(7) The ways by which the school will achieve racial and	55880
ethnic balance reflective of the community it serves;	55881

(8) Requirements for financial audits by the auditor of	55882
state. The contract shall require financial records of the school	55883
to be maintained in the same manner as are financial records of	55884
school districts, pursuant to rules of the auditor of state.	55885
Audits shall be conducted in accordance with section 117.10 of the	55886
Revised Code.	55887

(9) The facilities to be used and their locations;

55888

(10) Qualifications of teachers, including the following:

55889

(a) A requirement that the school's classroom teachers be	55890
licensed in accordance with sections 3319.22 to 3319.31 of the	55891
Revised Code, except that a community school may engage	55892
noncertificated persons to teach up to twelve hours per week	55893
pursuant to section 3319.301 of the Revised Code;	55894

(b) A requirement that each classroom teacher initially hired	55895
by the school on or after July 1, 2013, and employed to provide	55896
instruction in physical education hold a valid license issued	55897
pursuant to section 3319.22 of the Revised Code for teaching	55898
physical education.	55899

(11) That the school will comply with the following	55900
requirements:	55901

(a) The school will provide learning opportunities to a	55902
minimum of twenty-five students for a minimum of nine hundred	55903
twenty hours per school year.	55904

(b) The governing authority will purchase liability	55905
insurance, or otherwise provide for the potential liability of the	55906
school.	55907

(c) The school will be nonsectarian in its programs,	55908
admission policies, employment practices, and all other	55909
operations, and will not be operated by a sectarian school or	55910
religious institution.	55911

(d) The school will comply with sections 9.90, 9.91, 109.65,	55912
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	55913
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	55914
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	55915
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	55916
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	55917
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	55918
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	55919
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	55920
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	55921
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	55922
4123., 4141., and 4167. of the Revised Code as if it were a school	55923
district and will comply with section 3301.0714 of the Revised	55924
Code in the manner specified in section 3314.17 of the Revised	55925
Code.	55926

(e) The school shall comply with Chapter 102. and section	55927
2921.42 of the Revised Code.	55928

(f) The school will comply with sections 3313.61, 3313.611,	55929
and 3313.614 of the Revised Code, except that for students who	55930
enter ninth grade for the first time before July 1, 2010, the	55931
requirement in sections 3313.61 and 3313.611 of the Revised Code	55932
that a person must successfully complete the curriculum in any	55933
high school prior to receiving a high school diploma may be met by	55934
completing the curriculum adopted by the governing authority of	55935
the community school rather than the curriculum specified in Title	55936
XXXIII of the Revised Code or any rules of the state board of	55937
education. Beginning with students who enter ninth grade for the	55938
first time on or after July 1, 2010, the requirement in sections	55939
3313.61 and 3313.611 of the Revised Code that a person must	55940
successfully complete the curriculum of a high school prior to	55941
receiving a high school diploma shall be met by completing the	55942
Ohio core curriculum prescribed in division (C) of section	55943
3313.603 of the Revised Code, unless the person qualifies under	55944
division (D) or (F) of that section. Each school shall comply with	55945
the plan for awarding high school credit based on demonstration of	55946
subject area competency, adopted by the state board of education	55947
under division (J) of section 3313.603 of the Revised Code.	55948

(g) The school governing authority will submit within four	55949
months after the end of each school year a report of its	55950
activities and progress in meeting the goals and standards of	55951
divisions (A)(3) and (4) of this section and its financial status	55952
to the sponsor and the parents of all students enrolled in the	55953
school.	55954

(h) The school, unless it is an internet- or computer-based	55955
community school, will comply with section 3313.801 of the Revised	55956
Code as if it were a school district.	55957

(i) If the school is the recipient of moneys from a grant	55958
awarded under the federal race to the top program, Division (A),	55959
Title XIV, Sections 14005 and 14006 of the "American Recovery and	55960
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	55961
school will pay teachers based upon performance in accordance with	55962
section 3317.141 and will comply with section 3319.111 of the	55963
Revised Code as if it were a school district.	55964

(12) Arrangements for providing health and other benefits to	55965
employees;	55966

(13) The length of the contract, which shall begin at the	55967
beginning of an academic year. No contract shall exceed five years	55968
unless such contract has been renewed pursuant to division (E) of	55969
this section.	55970

(14) The governing authority of the school, which shall be	55971
responsible for carrying out the provisions of the contract;	55972

(15) A financial plan detailing an estimated school budget	55973
for each year of the period of the contract and specifying the	55974
total estimated per pupil expenditure amount for each such year.	55975
~~The plan shall specify for each year the base formula amount that~~	55976
~~will be used for purposes of funding calculations under section~~	55977
~~3314.08 of the Revised Code. This base formula amount for any year~~	55978
~~shall not exceed the formula amount defined under section 3317.02~~	55979
~~of the Revised Code. The plan may also specify for any year a~~	55980
~~percentage figure to be used for reducing the per pupil amount of~~	55981
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	55982
~~Code the school is to receive that year under section 3314.08 of~~	55983
~~the Revised Code.~~	55984

(16) Requirements and procedures regarding the disposition of	55985
employees of the school in the event the contract is terminated or	55986
not renewed pursuant to section 3314.07 of the Revised Code;	55987

(17) Whether the school is to be created by converting all or	55988
part of an existing public school or educational service center	55989
building or is to be a new start-up school, and if it is a	55990
converted public school or service center building, specification	55991
of any duties or responsibilities of an employer that the board of	55992
education or service center governing board that operated the	55993
school or building before conversion is delegating to the	55994
governing authority of the community school with respect to all or	55995
any specified group of employees provided the delegation is not	55996
prohibited by a collective bargaining agreement applicable to such	55997
employees;	55998

(18) Provisions establishing procedures for resolving	55999
disputes or differences of opinion between the sponsor and the	56000
governing authority of the community school;	56001

(19) A provision requiring the governing authority to adopt a	56002
policy regarding the admission of students who reside outside the	56003
district in which the school is located. That policy shall comply	56004
with the admissions procedures specified in sections 3314.06 and	56005
3314.061 of the Revised Code and, at the sole discretion of the	56006
authority, shall do one of the following:	56007

(a) Prohibit the enrollment of students who reside outside	56008
the district in which the school is located;	56009

(b) Permit the enrollment of students who reside in districts	56010
adjacent to the district in which the school is located;	56011

(c) Permit the enrollment of students who reside in any other	56012
district in the state.	56013

(20) A provision recognizing the authority of the department	56014
of education to take over the sponsorship of the school in	56015
accordance with the provisions of division (C) of section 3314.015	56016
of the Revised Code;	56017

(21) A provision recognizing the sponsor's authority to	56018
assume the operation of a school under the conditions specified in	56019
division (B) of section 3314.073 of the Revised Code;	56020

(22) A provision recognizing both of the following:

56021

(a) The authority of public health and safety officials to	56022
inspect the facilities of the school and to order the facilities	56023
closed if those officials find that the facilities are not in	56024
compliance with health and safety laws and regulations;	56025

(b) The authority of the department of education as the	56026
community school oversight body to suspend the operation of the	56027
school under section 3314.072 of the Revised Code if the	56028
department has evidence of conditions or violations of law at the	56029
school that pose an imminent danger to the health and safety of	56030
the school's students and employees and the sponsor refuses to	56031
take such action.	56032

(23) A description of the learning opportunities that will be	56033
offered to students including both classroom-based and	56034
non-classroom-based learning opportunities that is in compliance	56035
with criteria for student participation established by the	56036
department under division ~~(L)~~(H)(2) of section 3314.08 of the	56037
Revised Code;	56038

(24) The school will comply with sections 3302.04 and	56039
3302.041 of the Revised Code, except that any action required to	56040
be taken by a school district pursuant to those sections shall be	56041
taken by the sponsor of the school. However, the sponsor shall not	56042
be required to take any action described in division (F) of	56043
section 3302.04 of the Revised Code.	56044

(25) Beginning in the 2006-2007 school year, the school will	56045
open for operation not later than the thirtieth day of September	56046
each school year, unless the mission of the school as specified	56047
under division (A)(2) of this section is solely to serve dropouts.	56048
In its initial year of operation, if the school fails to open by	56049
the thirtieth day of September, or within one year after the	56050
adoption of the contract pursuant to division (D) of section	56051
3314.02 of the Revised Code if the mission of the school is solely	56052
to serve dropouts, the contract shall be void.	56053

(B) The community school shall also submit to the sponsor a	56054
comprehensive plan for the school. The plan shall specify the	56055
following:	56056

(1) The process by which the governing authority of the	56057
school will be selected in the future;	56058

(2) The management and administration of the school;

56059

(3) If the community school is a currently existing public	56060
school or educational service center building, alternative	56061
arrangements for current public school students who choose not to	56062
attend the converted school and for teachers who choose not to	56063
teach in the school or building after conversion;	56064

(4) The instructional program and educational philosophy of	56065
the school;	56066

(5) Internal financial controls.

56067

(C) A contract entered into under section 3314.02 of the	56068
Revised Code between a sponsor and the governing authority of a	56069
community school may provide for the community school governing	56070
authority to make payments to the sponsor, which is hereby	56071
authorized to receive such payments as set forth in the contract	56072
between the governing authority and the sponsor. The total amount	56073
of such payments for oversight and monitoring of the school shall	56074
not exceed three per cent of the total amount of payments for	56075
operating expenses that the school receives from the state.	56076

(D) The contract shall specify the duties of the sponsor	56077
which shall be in accordance with the written agreement entered	56078
into with the department of education under division (B) of	56079
section 3314.015 of the Revised Code and shall include the	56080
following:	56081

(1) Monitor the community school's compliance with all laws	56082
applicable to the school and with the terms of the contract;	56083

(2) Monitor and evaluate the academic and fiscal performance	56084
and the organization and operation of the community school on at	56085
least an annual basis;	56086

(3) Report on an annual basis the results of the evaluation	56087
conducted under division (D)(2) of this section to the department	56088
of education and to the parents of students enrolled in the	56089
community school;	56090

(4) Provide technical assistance to the community school in	56091
complying with laws applicable to the school and terms of the	56092
contract;	56093

(5) Take steps to intervene in the school's operation to	56094
correct problems in the school's overall performance, declare the	56095
school to be on probationary status pursuant to section 3314.073	56096
of the Revised Code, suspend the operation of the school pursuant	56097
to section 3314.072 of the Revised Code, or terminate the contract	56098
of the school pursuant to section 3314.07 of the Revised Code as	56099
determined necessary by the sponsor;	56100

(6) Have in place a plan of action to be undertaken in the	56101
event the community school experiences financial difficulties or	56102
closes prior to the end of a school year.	56103

(E) Upon the expiration of a contract entered into under this	56104
section, the sponsor of a community school may, with the approval	56105
of the governing authority of the school, renew that contract for	56106
a period of time determined by the sponsor, but not ending earlier	56107
than the end of any school year, if the sponsor finds that the	56108
school's compliance with applicable laws and terms of the contract	56109
and the school's progress in meeting the academic goals prescribed	56110
in the contract have been satisfactory. Any contract that is	56111
renewed under this division remains subject to the provisions of	56112
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	56113

(F) If a community school fails to open for operation within	56114
one year after the contract entered into under this section is	56115
adopted pursuant to division (D) of section 3314.02 of the Revised	56116
Code or permanently closes prior to the expiration of the	56117
contract, the contract shall be void and the school shall not	56118
enter into a contract with any other sponsor. A school shall not	56119
be considered permanently closed because the operations of the	56120
school have been suspended pursuant to section 3314.072 of the	56121
Revised Code.	56122

Sec. 3314.042. The governing authority of each community	56123
school shall comply with the standards for financial reporting	56124
adopted under division (B)(2) of section 3301.07 of the Revised	56125
Code.	56126

Sec. 3314.05. (A) The contract between the community school	56127
and the sponsor shall specify the facilities to be used for the	56128
community school and the method of acquisition. Except as provided	56129
in divisions (B)(3) and (4) of this section, no community school	56130
shall be established in more than one school district under the	56131
same contract.	56132

(B) Division (B) of this section shall not apply to internet-	56133
or computer-based community schools.	56134

(1) A community school may be located in multiple facilities	56135
under the same contract only if the limitations on availability of	56136
space prohibit serving all the grade levels specified in the	56137
contract in a single facility or division (B)(2), (3), or (4) of	56138
this section applies to the school. The school shall not offer the	56139
same grade level classrooms in more than one facility.	56140

(2) A community school may be located in multiple facilities	56141
under the same contract and, notwithstanding division (B)(1) of	56142
this section, may assign students in the same grade level to	56143
multiple facilities, as long as all of the following apply:	56144

(a) ~~The governing authority of the community school filed a~~	56145
~~copy of its contract with the school's sponsor under section~~	56146
~~3314.03 of the Revised Code with the superintendent of public~~	56147
~~instruction on or before May 15, 2008.~~	56148

~~(b) The school was not open for operation prior to July 1,~~	56149
~~2008.~~	56150

~~(c)~~ The governing authority has entered into and maintains a	56151
contract with an operator of the type described in division	56152
(A)(8)(b) of section 3314.02 of the Revised Code.	56153

~~(d)~~(b) The contract with that operator qualified the school	56154
to be established pursuant to division (A) of former section	56155
3314.016 of the Revised Code.	56156

~~(e)~~(c) The school's rating under section 3302.03 of the	56157
Revised Code does not fall below a combination of any of the	56158
following for two or more consecutive years:	56159

(i) A rating of "in need of continuous improvement" under	56160
section 3302.03 of the Revised Code, as that section existed prior	56161
to ~~the effective date of this section~~March 22, 2013;	56162

(ii) For the 2012-2013 and 2013-2014 school years, a rating	56163
of "C" for both the performance index score under division	56164
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	56165
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	56166
Code; or if the building serves only grades ten through twelve,	56167
the building received a grade of "C" for the performance index	56168
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	56169
the Revised Code;	56170

(iii) For the 2014-2015 school year and for any school year	56171
thereafter, an overall grade of "C" under division (C)(3) of	56172
section 3302.03 of the Revised Code or an overall performance	56173
designation of "meets standards" under division (E)(3)(e) of	56174
section 3314.017 of the Revised Code.	56175

(3) A new start-up community school may be established in two	56176
school districts under the same contract if all of the following	56177
apply:	56178

(a) At least one of the school districts in which the school	56179
is established is a challenged school district;	56180

(b) The school operates not more than one facility in each	56181
school district and, in accordance with division (B)(1) of this	56182
section, the school does not offer the same grade level classrooms	56183
in both facilities; and	56184

(c) Transportation between the two facilities does not	56185
require more than thirty minutes of direct travel time as measured	56186
by school bus.	56187

In the case of a community school to which division (B)(3) of	56188
this section applies, if only one of the school districts in which	56189
the school is established is a challenged school district, that	56190
district shall be considered the school's primary location and the	56191
district in which the school is located for the purposes of	56192
division (A)(19) of section 3314.03 and divisions (C) and (H) of	56193
section 3314.06 of the Revised Code and for all other purposes of	56194
this chapter. If both of the school districts in which the school	56195
is established are challenged school districts, the school's	56196
governing authority shall designate one of those districts to be	56197
considered the school's primary location and the district in which	56198
the school is located for the purposes of those divisions and all	56199
other purposes of this chapter and shall notify the department of	56200
education of that designation.	56201

(4) A community school may be located in multiple facilities	56202
under the same contract and, notwithstanding division (B)(1) of	56203
this section, may assign students in the same grade level to	56204
multiple facilities, as long as both of the following apply:	56205

(a) The facilities are all located in the same county.

56206

(b) Either of the following conditions are satisfied:

56207

(i) The community school is sponsored by a board of education	56208
of a city, local, or exempted village school district having	56209
territory in the same county where the facilities of the community	56210
school are located;	56211

(ii) The community school is managed by an operator.

56212

In the case of a community school to which division (B)(4) of	56213
this section applies and that maintains facilities in more than	56214
one school district, the school's governing authority shall	56215
designate one of those districts to be considered the school's	56216
primary location and the district in which the school is located	56217
for the purposes of division (A)(19) of section 3314.03 and	56218
divisions (C) and (H) of section 3314.06 of the Revised Code and	56219
for all other purposes of this chapter and shall notify the	56220
department of that designation.	56221

(5) Any facility used for a community school shall meet all	56222
health and safety standards established by law for school	56223
buildings.	56224

(C) In the case where a community school is proposed to be	56225
located in a facility owned by a school district or educational	56226
service center, the facility may not be used for such community	56227
school unless the district or service center board owning the	56228
facility enters into an agreement for the community school to	56229
utilize the facility. Use of the facility may be under any terms	56230
and conditions agreed to by the district or service center board	56231
and the school.	56232

(D) Two or more separate community schools may be located in	56233
the same facility.	56234

(E) In the case of a community school that is located in	56235
multiple facilities, beginning July 1, 2012, the department shall	56236
assign a unique identification number to the school and to each	56237
facility maintained by the school. Each number shall be used for	56238
identification purposes only. Nothing in this division shall be	56239
construed to require the department to calculate the amount of	56240
funds paid under this chapter, or to compute any data required for	56241
the report cards issued under section 3314.012 of the Revised	56242
Code, for each facility separately. The department shall make all	56243
such calculations or computations for the school as a whole.	56244

Sec. 3314.06. The governing authority of each community	56245
school established under this chapter shall adopt admission	56246
procedures that specify the following:	56247

(A) That, except as otherwise provided in this section,	56248
admission to the school shall be open to any individual age five	56249
to twenty-two entitled to attend school pursuant to section	56250
3313.64 or 3313.65 of the Revised Code in a school district in the	56251
state.	56252

Additionally, except as otherwise provided in this section,	56253
admission to the school may be open on a tuition basis to any	56254
individual age five to twenty-two who is not a resident of this	56255
state. The school shall not receive state funds under section	56256
3314.08 of the Revised Code for any student who is not a resident	56257
of this state.	56258

An individual younger than five years of age may be admitted	56259
to the school in accordance with division (A)(2) of section	56260
3321.01 of the Revised Code.	56261

(B)(1) That admission to the school may be limited to	56262
students who have attained a specific grade level or are within a	56263
specific age group; to students that meet a definition of	56264
"at-risk," as defined in the contract; to residents of a specific	56265
geographic area within the district, as defined in the contract;	56266
or to separate groups of autistic students and nondisabled	56267
students, as authorized in section 3314.061 of the Revised Code	56268
and as defined in the contract.	56269

(2) For purposes of division (B)(1) of this section,	56270
"at-risk" students may include those students identified as gifted	56271
students under section 3324.03 of the Revised Code.	56272

(C) Whether enrollment is limited to students who reside in	56273
the district in which the school is located or is open to	56274
residents of other districts, as provided in the policy adopted	56275
pursuant to the contract.	56276

(D)(1) That there will be no discrimination in the admission	56277
of students to the school on the basis of race, creed, color,	56278
disability, or sex except that:	56279

(a) The governing authority may do either of the following	56280
for the purpose described in division (G) of this section:	56281

(i) Establish a single-gender school for either sex;

56282

(ii) Establish single-gender schools for each sex under the	56283
same contract, provided substantially equal facilities and	56284
learning opportunities are offered for both boys and girls. Such	56285
facilities and opportunities may be offered for each sex at	56286
separate locations.	56287

(b) The governing authority may establish a school that	56288
simultaneously serves a group of students identified as autistic	56289
and a group of students who are not disabled, as authorized in	56290
section 3314.061 of the Revised Code. However, unless the total	56291
capacity established for the school has been filled, no student	56292
with any disability shall be denied admission on the basis of that	56293
disability.	56294

(2) That upon admission of any student with a disability, the	56295
community school will comply with all federal and state laws	56296
regarding the education of students with disabilities.	56297

(E) That the school may not limit admission to students on	56298
the basis of intellectual ability, measures of achievement or	56299
aptitude, or athletic ability, except that a school may limit its	56300
enrollment to students as described in division (B) of this	56301
section.	56302

(F) That the community school will admit the number of	56303
students that does not exceed the capacity of the school's	56304
programs, classes, grade levels, or facilities.	56305

(G) That the purpose of single-gender schools that are	56306
established shall be to take advantage of the academic benefits	56307
some students realize from single-gender instruction and	56308
facilities and to offer students and parents residing in the	56309
district the option of a single-gender education.	56310

(H) That, except as otherwise provided under division (B) of	56311
this section or section 3314.061 of the Revised Code, if the	56312
number of applicants exceeds the capacity restrictions of division	56313
(F) of this section, students shall be admitted by lot from all	56314
those submitting applications, except preference shall be given to	56315
students attending the school the previous year and to students	56316
who reside in the district in which the school is located.	56317
Preference may be given to siblings of students attending the	56318
school the previous year.	56319

Notwithstanding divisions (A) to (H) of this section, in the	56320
event the racial composition of the enrollment of the community	56321
school is violative of a federal desegregation order, the	56322
community school shall take any and all corrective measures to	56323
comply with the desegregation order.	56324

Sec. 3314.072. The provisions of this section are enacted to	56325
promote the public health, safety, and welfare by establishing	56326
procedures under which the governing authorities of community	56327
schools established under this chapter will be held accountable	56328
for their compliance with the terms of the contracts they enter	56329
into with their school's sponsors and the law relating to the	56330
school's operation. Suspension of the operation of a school	56331
imposed under this section is intended to encourage the governing	56332
authority's compliance with the terms of the school's contract and	56333
the law and is not intended to be an alteration of the terms of	56334
that contract.	56335

(A) If a sponsor of a community school established under this	56336
chapter suspends the operation of that school pursuant to	56337
procedures set forth in this section, the governing authority	56338
shall not operate that school while the suspension is in effect.	56339
Any such suspension shall remain in effect until the sponsor	56340
notifies the governing authority that it is no longer in effect.	56341
The contract of a school of which operation is suspended under	56342
this section also may be subject to termination or nonrenewal	56343
under section 3314.07 of the Revised Code.	56344

(B) If at any time conditions at the school do not comply	56345
with a health and safety standard established by law for school	56346
buildings, the sponsor shall immediately suspend the operation of	56347
the school pursuant to procedures set forth in division (D) of	56348
this section. If the sponsor fails to take action to suspend the	56349
operation of a school to which this division applies, the	56350
department of education may take such action.	56351

(C)(1) For any of the reasons prescribed in division	56352
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	56353
sponsor of a community school established under this chapter may	56354
suspend the operation of the school only if it first issues to the	56355
governing authority notice of the sponsor's intent to suspend the	56356
operation of the contract. Such notice shall explain the reasons	56357
for the sponsor's intent to suspend operation of the contract and	56358
shall provide the school's governing authority with five business	56359
days to submit to the sponsor a proposal to remedy the conditions	56360
cited as reasons for the suspension.	56361

(2) The sponsor shall promptly review any proposed remedy	56362
timely submitted by the governing authority and either approve or	56363
disapprove the remedy. If the sponsor disapproves the remedy	56364
proposed by the governing authority, if the governing authority	56365
fails to submit a proposed remedy in the manner prescribed by the	56366
sponsor, or if the governing authority fails to implement the	56367
remedy as approved by the sponsor, the sponsor may suspend	56368
operation of the school pursuant to procedures set forth in	56369
division (D) of this section.	56370

(D)(1) If division (B) of this section applies or if the	56371
sponsor of a community school established under this chapter	56372
decides to suspend the operation of a school as permitted in	56373
division (C)(2) of this section, the sponsor shall promptly send	56374
written notice to the governing authority stating that the	56375
operation of the school is immediately suspended, and explaining	56376
the specific reasons for the suspension. The notice shall state	56377
that the governing authority has five business days to submit a	56378
proposed remedy to the conditions cited as reasons for the	56379
suspension or face potential contract termination.	56380

(2) Upon receipt of the notice of suspension prescribed under	56381
division (D)(1) of this section, the governing authority shall	56382
immediately notify the employees of the school and the parents of	56383
the students enrolled in the school of the suspension and the	56384
reasons therefore, and shall cease all school operations on the	56385
next business day.	56386

(E)(1) Beginning with the 2013-2014 school year, if the	56387
sponsor of a community school suspends the operation of that	56388
school pursuant to procedures set forth in this section, the	56389
school's contract with the sponsor under section 3314.03 of the	56390
Revised Code shall become void, if the governing authority of the	56391
school fails to provide a proposal to remedy the conditions cited	56392
by the sponsor as reasons for the suspension, to the satisfaction	56393
of the sponsor, by the thirtieth day of September of the school	56394
year immediately following the school year in which the operation	56395
of school was suspended.	56396

(2) If, prior to the effective date of this amendment, the	56397
sponsor of a community school has suspended the operation of the	56398
school, the contract with the sponsor under section 3314.03 of the	56399
Revised Code shall become void if the governing authority of the	56400
school fails to provide by September 30, 2014, a proposal to	56401
remedy the conditions cited by the sponsor as reasons for the	56402
suspension, to the satisfaction of the sponsor.	56403

Sec. 3314.074. Divisions (A) and (B) of this section apply	56404
only to the extent permitted under Chapter 1702. of the Revised	56405
Code.	56406

(A) If any community school established under this chapter	56407
permanently closes and ceases its operation as a community school,	56408
the assets of that school shall be distributed first to the	56409
retirement funds of employees of the school, employees of the	56410
school, and private creditors who are owed compensation, and then	56411
any remaining funds shall be paid to the department of education	56412
for redistribution to the school districts in which the students	56413
who were enrolled in the school at the time it ceased operation	56414
were entitled to attend school under section 3313.64 or 3313.65 of	56415
the Revised Code. The amount distributed to each school district	56416
shall be proportional to the district's share of the total	56417
enrollment in the community school.	56418

(B) If a community school closes and ceases to operate as a	56419
community school and the school has received computer hardware or	56420
software from the former Ohio SchoolNet commission or the former	56421
eTech Ohio commission, such hardware or software shall be ~~returned~~	56422
turned over to the ~~eTech Ohio commission~~department of education,	56423
~~and the eTech Ohio commission~~which shall redistribute the	56424
hardware and software, to the extent such redistribution is	56425
possible, to school districts in conformance with the provisions	56426
of the programs as they were operated and administered by the	56427
former eTech Ohio commission.	56428

(C) If the assets of the school are insufficient to pay all	56429
persons or entities to whom compensation is owed, the	56430
prioritization of the distribution of the assets to individual	56431
persons or entities within each class of payees may be determined	56432
by decree of a court in accordance with this section and Chapter	56433
1702. of the Revised Code.	56434

Sec. 3314.08. ~~The deductions under division (C) and the~~	56435
~~payments under division (D) of this section for fiscal years 2012~~	56436
~~and 2013 shall be made in accordance with section 3314.088 of the~~	56437
~~Revised Code.~~	56438

(A) As used in this section:

56439

(1) ~~"Base formula amount" means the amount specified as such~~	56440
~~in a community school's financial plan for a school year pursuant~~	56441
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	56442

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	56443
~~Revised Code.~~	56444

~~(3) "Applicable special education weight" means the multiple~~	56445
~~specified in section 3317.013 of the Revised Code for a disability~~	56446
~~described in that section.~~	56447

~~(4) "Applicable vocational education weight" means:~~

56448

~~(a) For a student enrolled in vocational education programs~~	56449
~~or classes described in division (A) of section 3317.014 of the~~	56450
~~Revised Code, the multiple specified in that division;~~	56451

~~(b) For a student enrolled in vocational education programs~~	56452
~~or classes described in division (B) of section 3317.014 of the~~	56453
~~Revised Code, the multiple specified in that division.~~	56454

~~(5) "Entitled to attend school" means entitled to attend~~	56455
~~school in a district under section 3313.64 or 3313.65 of the~~	56456
~~Revised Code.~~	56457

~~(6) A community school student is "included in the poverty~~	56458
~~student count" of a school district if the student is entitled to~~	56459
~~attend school in the district and the student's family receives~~	56460
~~assistance under the Ohio works first program.~~	56461

~~(7) "Poverty-based assistance reduction factor" means the~~	56462
~~percentage figure, if any, for reducing the per pupil amount of~~	56463
~~poverty-based assistance a community school is entitled to receive~~	56464
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	56465
~~as specified in the school's financial plan for the year pursuant~~	56466
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	56467

~~(8) "All-day kindergarten" has the same meaning as in section~~	56468
~~3321.05 of the Revised Code.~~	56469

~~(9)~~(a) "Category one career-technical education student"	56470
means a student who is receiving the career-technical education	56471
services described in division (A) of section 3317.014 of the	56472
Revised Code.	56473

(b) "Category two career-technical student" means a student	56474
who is receiving the career-technical education services described	56475
in division (B) of section 3317.014 of the Revised Code.	56476

(c) "Category three career-technical student" means a student	56477
who is receiving the career-technical education services described	56478
in division (C) of section 3317.014 of the Revised Code.	56479

(d) "Category four career-technical student" means a student	56480
who is receiving the career-technical education services described	56481
in division (D) of section 3317.014 of the Revised Code.	56482

(e) "Category five career-technical education student" means	56483
a student who is receiving the career-technical education services	56484
described in division (E) of section 3317.014 of the Revised Code.	56485

(2)(a) "Category one limited English proficient student"	56486
means a limited English proficient student described in division	56487
(A) of section 3317.016 of the Revised Code.	56488

(b) "Category two limited English proficient student" means a	56489
limited English proficient student described in division (B) of	56490
section 3317.016 of the Revised Code.	56491

(c) "Category three limited English proficient student" means	56492
a limited English proficient student described in division (C) of	56493
section 3317.016 of the Revised Code.	56494

(3)(a) "Category one special education student" means a	56495
student who is receiving special education services for a	56496
disability specified in division (A) of section 3317.013 of the	56497
Revised Code.	56498

(b) "Category two special education student" means a student	56499
who is receiving special education services for a disability	56500
specified in division (B) of section 3317.013 of the Revised Code.	56501

(c) "Category three special education student" means a	56502
student who is receiving special education services for a	56503
disability specified in division (C) of section 3317.013 of the	56504
Revised Code.	56505

(d) "Category four special education student" means a student	56506
who is receiving special education services for a disability	56507
specified in division (D) of section 3317.013 of the Revised Code.	56508

(e) "Category five special education student" means a student	56509
who is receiving special education services for a disability	56510
specified in division (E) of section 3317.013 of the Revised Code.	56511

(f) "Category six special education student" means a student	56512
who is receiving special education services for a disability	56513
specified in division (F) of section 3317.013 of the Revised Code.	56514

(4) "Formula amount" has the same meaning as in section	56515
3317.02 of the Revised Code.	56516

(5) "IEP" has the same meaning as in section 3323.01 of the	56517
Revised Code.	56518

(6) "Resident district" means the school district in which a	56519
student is entitled to attend school under section 3313.64 or	56520
3313.65 of the Revised Code.	56521

(7) "State education aid" has the same meaning as in section	56522
5751.20 of the Revised Code.	56523

(B) The state board of education shall adopt rules requiring	56524
both of the following:	56525

(1) The board of education of each city, exempted village,	56526
and local school district to annually report the number of	56527
students entitled to attend school in the district who are	56528
enrolled in ~~grades one~~each grade kindergarten through twelve in a	56529
community school established under this chapter, ~~the number of~~	56530
~~students entitled to attend school in the district who are~~	56531
~~enrolled in kindergarten in a community school, the number of~~	56532
~~those kindergartners who are enrolled in all-day kindergarten in~~	56533
~~their community school,~~ and for each child, the community school	56534
in which the child is enrolled.	56535

(2) The governing authority of each community school	56536
established under this chapter to annually report all of the	56537
following:	56538

(a) The number of students enrolled in grades one through	56539
twelve and the full-time equivalent number of students enrolled in	56540
kindergarten in the school who are not receiving special education	56541
and related services pursuant to an IEP;	56542

(b) The number of enrolled students in grades one through	56543
twelve and the full-time equivalent number of enrolled students in	56544
kindergarten, who are receiving special education and related	56545
services pursuant to an IEP;	56546

(c) The number of students reported under division (B)(2)(b)	56547
of this section receiving special education and related services	56548
pursuant to an IEP for a disability described in each of divisions	56549
(A) to (F) of section 3317.013 of the Revised Code;	56550

(d) The full-time equivalent number of students reported	56551
under divisions (B)(2)(a) and (b) of this section who are enrolled	56552
in ~~vocational~~career-technical education programs or classes	56553
described in each of divisions (A) ~~and (B)~~to (E) of section	56554
3317.014 of the Revised Code that are provided by the community	56555
school;	56556

(e) Twenty per cent of the number of students reported under	56557
divisions (B)(2)(a) and (b) of this section who are not reported	56558
under division (B)(2)(d) of this section but who are enrolled in	56559
~~vocational~~career-technical education programs or classes	56560
described in each of divisions (A) ~~and (B)~~to (E) of section	56561
3317.014 of the Revised Code at a joint vocational school district	56562
~~under a contract between the community school and the joint~~	56563
~~vocational school district and are entitled to attend school in a~~	56564
~~city, local, or exempted village school district whose territory~~	56565
~~is part of the territory of the joint vocational school district~~	56566
or another district in the career-technical planning district to	56567
which the school is assigned;	56568

(f) ~~The number of enrolled preschool children with~~	56569
~~disabilities receiving special education services in a~~	56570
~~state-funded unit;~~	56571

~~(g) The community school's base formula amount;~~

56572

~~(h)~~The number of students reported under divisions (B)(2)(a)	56573
and (b) of this section who are category one to three limited	56574
English proficient students described in each of divisions (A) to	56575
(C) of section 3317.016 of the Revised Code;	56576

(g) The number of students reported under divisions (B)(2)(a)	56577
and (b) who are economically disadvantaged, as defined by the	56578
department. A student shall not be categorically excluded from the	56579
number reported under division (B)(2)(g) of this section based on	56580
anything other than family income.	56581

(h) For each student, the city, exempted village, or local	56582
school district in which the student is entitled to attend school;	56583

~~(i) Any poverty-based assistance reduction factor that~~	56584
~~applies to a school year~~under section 3313.64 or 3313.65 of the	56585
Revised Code.	56586

A school district board and a community school governing	56587
authority shall include in their respective reports under division	56588
(B) of this section any child admitted in accordance with division	56589
(A)(2) of section 3321.01 of the Revised Code.	56590

A governing authority of a community school shall not include	56591
in its report under division (B)(2) of this section any student	56592
for whom tuition is charged under division (F) of this section.	56593

(C) ~~From the state education aid calculated for a city,~~	56594
~~exempted village, or local school district and, if necessary, from~~	56595
~~the payment made to the district under sections 321.24 and 323.156~~	56596
~~of the Revised Code, the department of education shall annually~~	56597
~~subtract the sum of the amounts described in divisions (C)(1) to~~	56598
~~(9) of this section. However, when deducting payments on behalf of~~	56599
~~students enrolled in internet- or computer-based community~~	56600
~~schools, the department shall deduct only those amounts described~~	56601
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	56602
~~aggregate amount deducted under this division shall not exceed the~~	56603
~~sum of the district's state education aid and its payment under~~	56604
~~sections 321.24 and 323.156 of the Revised Code.~~	56605

~~(1) An amount equal to the sum of the amounts obtained when,~~	56606
~~for each community school where the district's students are~~	56607
~~enrolled, the number of the district's students reported under~~	56608
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	56609
~~in grades one through twelve, and one-half the number of students~~	56610
~~reported under those divisions who are enrolled in kindergarten,~~	56611
~~in that community school is multiplied by the sum of the base~~	56612
~~formula amount of that community school plus the per pupil amount~~	56613
~~of the base funding supplements specified in divisions (C)(1) to~~	56614
~~(4) of section 3317.012 of the Revised Code.~~	56615

~~(2) The sum of the amounts calculated under divisions~~	56616
~~(C)(2)(a) and (b) of this section:~~	56617

~~(a) For each of the district's students reported under~~	56618
~~division (B)(2)(c) of this section as enrolled in a community~~	56619
~~school in grades one through twelve and receiving special~~	56620
~~education and related services pursuant to an IEP for a disability~~	56621
~~described in section 3317.013 of the Revised Code, the product of~~	56622
~~the applicable special education weight times the community~~	56623
~~school's base formula amount;~~	56624

~~(b) For each of the district's students reported under~~	56625
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	56626
~~a community school and receiving special education and related~~	56627
~~services pursuant to an IEP for a disability described in section~~	56628
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	56629
~~prescribed in division (C)(2)(a) of this section.~~	56630

~~(3) For each of the district's students reported under~~	56631
~~division (B)(2)(d) of this section for whom payment is made under~~	56632
~~division (D)(4) of this section, the amount of that payment;~~	56633

~~(4) An amount equal to the sum of the amounts obtained when,~~	56634
~~for each community school where the district's students are~~	56635
~~enrolled, the number of the district's students enrolled in that~~	56636
~~community school who are included in the district's poverty~~	56637
~~student count is multiplied by the per pupil amount of~~	56638
~~poverty-based assistance the school district receives that year~~	56639
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	56640
~~as adjusted by any poverty-based assistance reduction factor of~~	56641
~~that community school. The per pupil amount of that aid for the~~	56642
~~district shall be calculated by the department.~~	56643

~~(5) An amount equal to the sum of the amounts obtained when,~~	56644
~~for each community school where the district's students are~~	56645
~~enrolled, the district's per pupil amount of aid received under~~	56646
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	56647
~~by any poverty-based assistance reduction factor of the community~~	56648
~~school, is multiplied by the sum of the following:~~	56649

~~(a) The number of the district's students reported under~~	56650
~~division (B)(2)(a) of this section who are enrolled in grades one~~	56651
~~to three in that community school and who are not receiving~~	56652
~~special education and related services pursuant to an IEP;~~	56653

~~(b) One-half of the district's students who are enrolled in~~	56654
~~all-day or any other kindergarten class in that community school~~	56655
~~and who are not receiving special education and related services~~	56656
~~pursuant to an IEP;~~	56657

~~(c) One-half of the district's students who are enrolled in~~	56658
~~all-day kindergarten in that community school and who are not~~	56659
~~receiving special education and related services pursuant to an~~	56660
~~IEP.~~	56661

~~The district's per pupil amount of aid under division (E) of~~	56662
~~section 3317.029 of the Revised Code is the quotient of the amount~~	56663
~~the district received under that division divided by the~~	56664
~~district's kindergarten through third grade ADM, as defined in~~	56665
~~that section.~~	56666

~~(6) An amount equal to the sum of the amounts obtained when,~~	56667
~~for each community school where the district's students are~~	56668
~~enrolled, the district's per pupil amount received under division~~	56669
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	56670
~~poverty-based assistance reduction factor of that community~~	56671
~~school, is multiplied by the number of the district's students~~	56672
~~enrolled in the community school who are identified as~~	56673
~~limited-English proficient.~~	56674

~~(7) An amount equal to the sum of the amounts obtained when,~~	56675
~~for each community school where the district's students are~~	56676
~~enrolled, the district's per pupil amount received under division~~	56677
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	56678
~~poverty-based assistance reduction factor of that community~~	56679
~~school, is multiplied by the sum of the following:~~	56680

~~(a) The number of the district's students enrolled in grades~~	56681
~~one through twelve in that community school;~~	56682

~~(b) One-half of the number of the district's students~~	56683
~~enrolled in kindergarten in that community school.~~	56684

~~The district's per pupil amount under division (G) of section~~	56685
~~3317.029 of the Revised Code is the district's amount per teacher~~	56686
~~calculated under division (G)(1) or (2) of that section divided by~~	56687
~~17.~~	56688

~~(8) An amount equal to the sum of the amounts obtained when,~~	56689
~~for each community school where the district's students are~~	56690
~~enrolled, the district's per pupil amount received under divisions~~	56691
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	56692
~~by any poverty-based assistance reduction factor of that community~~	56693
~~school, is multiplied by the sum of the following:~~	56694

~~(a) The number of the district's students enrolled in grades~~	56695
~~one through twelve in that community school;~~	56696

~~(b) One-half of the number of the district's students~~	56697
~~enrolled in kindergarten in that community school.~~	56698

~~The district's per pupil amount under divisions (H) and (I)~~	56699
~~of section 3317.029 of the Revised Code is the amount calculated~~	56700
~~under each division divided by the district's formula ADM, as~~	56701
~~defined in section 3317.02 of the Revised Code.~~	56702

~~(9) An amount equal to the per pupil state parity aid funding~~	56703
~~calculated for the school district under either division (C) or~~	56704
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	56705
~~of the number of students in grades one through twelve, and~~	56706
~~one-half of the number of students in kindergarten, who are~~	56707
~~entitled to attend school in the district and are enrolled in a~~	56708
~~community school as reported under division (B)(1) of this~~	56709
~~section.~~	56710

~~(D) The department shall annually pay to a community school~~	56711
~~established under this chapter the sum of the amounts described in~~	56712
~~divisions (D)(1) to (10) of this section. However, the department~~	56713
~~shall calculate and pay to each internet- or computer-based~~	56714
~~community school only the amounts described in divisions (D)(1) to~~	56715
~~(3) of this section. Furthermore, the sum of the payments to all~~	56716
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	56717
~~this section for the students entitled to attend school in any~~	56718
~~particular school district shall not exceed the sum of that~~	56719
~~district's state education aid and its payment under sections~~	56720
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	56721
~~calculated under those divisions for the students entitled to~~	56722
~~attend school in a particular school district exceeds the sum of~~	56723
~~that district's state education aid and its payment under sections~~	56724
~~321.24 and 323.156 of the Revised Code, the department shall~~	56725
~~calculate and apply a proration factor to the payments to all~~	56726
~~community schools under those divisions for the students entitled~~	56727
~~to attend school in that district.~~	56728

~~(1) An amount equal to the sum of the amounts obtained when~~	56729
~~the number of students enrolled in grades one through twelve, plus~~	56730
~~one-half of the kindergarten students in the school, reported~~	56731
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	56732
~~not receiving special education and related services pursuant to~~	56733
~~an IEP for a disability described in section 3317.013 of the~~	56734
~~Revised Code is multiplied by the sum of the community school's~~	56735
~~base formula amount plus the per pupil amount of the base funding~~	56736
~~supplements specified in divisions (C)(1) to (4) of section~~	56737
~~3317.012 of the Revised Code.~~	56738

~~(2) The sum of the following amounts:~~

56739

~~(a) For each student reported under division (B)(2)(c) of~~	56740
~~this section as enrolled in the school in grades one through~~	56741
~~twelve and receiving special education and related services~~	56742
~~pursuant to an IEP for a disability described in section 3317.013~~	56743
~~of the Revised Code, the following amount:~~	56744

~~(the school's base formula amount plus~~	56745

~~the per pupil amount of the base funding supplements specified in~~	56746

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	56747

~~+ (the applicable special education weight X the~~	56748

~~community school's base formula amount);~~	56749

~~(b) For each student reported under division (B)(2)(c) of~~	56750
~~this section as enrolled in kindergarten and receiving special~~	56751
~~education and related services pursuant to an IEP for a disability~~	56752
~~described in section 3317.013 of the Revised Code, one-half of the~~	56753
~~amount calculated under the formula prescribed in division~~	56754
~~(D)(2)(a) of this section.~~	56755

~~(3) An amount received from federal funds to provide special~~	56756
~~education and related services to students in the community~~	56757
~~school, as determined by the superintendent of public instruction.~~	56758

~~(4) For each student reported under division (B)(2)(d) of~~	56759
~~this section as enrolled in vocational education programs or~~	56760
~~classes that are described in section 3317.014 of the Revised~~	56761
~~Code, are provided by the community school, and are comparable as~~	56762
~~determined by the superintendent of public instruction to school~~	56763
~~district vocational education programs and classes eligible for~~	56764
~~state weighted funding under section 3317.014 of the Revised Code,~~	56765
~~an amount equal to the applicable vocational education weight~~	56766
~~times the community school's base formula amount times the~~	56767
~~percentage of time the student spends in the vocational education~~	56768
~~programs or classes.~~	56769

~~(5) An amount equal to the sum of the amounts obtained when,~~	56770
~~for each school district where the community school's students are~~	56771
~~entitled to attend school, the number of that district's students~~	56772
~~enrolled in the community school who are included in the~~	56773
~~district's poverty student count is multiplied by the per pupil~~	56774
~~amount of poverty-based assistance that school district receives~~	56775
~~that year pursuant to division (C) of section 3317.029 of the~~	56776
~~Revised Code, as adjusted by any poverty-based assistance~~	56777
~~reduction factor of the community school. The per pupil amount of~~	56778
~~aid shall be determined as described in division (C)(4) of this~~	56779
~~section.~~	56780

~~(6) An amount equal to the sum of the amounts obtained when,~~	56781
~~for each school district where the community school's students are~~	56782
~~entitled to attend school, the district's per pupil amount of aid~~	56783
~~received under division (E) of section 3317.029 of the Revised~~	56784
~~Code, as adjusted by any poverty-based assistance reduction factor~~	56785
~~of the community school, is multiplied by the sum of the~~	56786
~~following:~~	56787

~~(a) The number of the district's students reported under~~	56788
~~division (B)(2)(a) of this section who are enrolled in grades one~~	56789
~~to three in that community school and who are not receiving~~	56790
~~special education and related services pursuant to an IEP;~~	56791

~~(b) One-half of the district's students who are enrolled in~~	56792
~~all-day or any other kindergarten class in that community school~~	56793
~~and who are not receiving special education and related services~~	56794
~~pursuant to an IEP;~~	56795

~~(c) One-half of the district's students who are enrolled in~~	56796
~~all-day kindergarten in that community school and who are not~~	56797
~~receiving special education and related services pursuant to an~~	56798
~~IEP.~~	56799

~~The district's per pupil amount of aid under division (E) of~~	56800
~~section 3317.029 of the Revised Code shall be determined as~~	56801
~~described in division (C)(5) of this section.~~	56802

~~(7) An amount equal to the sum of the amounts obtained when,~~	56803
~~for each school district where the community school's students are~~	56804
~~entitled to attend school, the number of that district's students~~	56805
~~enrolled in the community school who are identified as~~	56806
~~limited-English proficient is multiplied by the district's per~~	56807
~~pupil amount received under division (F) of section 3317.029 of~~	56808
~~the Revised Code, as adjusted by any poverty-based assistance~~	56809
~~reduction factor of the community school.~~	56810

~~(8) An amount equal to the sum of the amounts obtained when,~~	56811
~~for each school district where the community school's students are~~	56812
~~entitled to attend school, the district's per pupil amount~~	56813
~~received under division (G) of section 3317.029 of the Revised~~	56814
~~Code, as adjusted by any poverty-based assistance reduction factor~~	56815
~~of the community school, is multiplied by the sum of the~~	56816
~~following:~~	56817

~~(a) The number of the district's students enrolled in grades~~	56818
~~one through twelve in that community school;~~	56819

~~(b) One-half of the number of the district's students~~	56820
~~enrolled in kindergarten in that community school.~~	56821

~~The district's per pupil amount under division (G) of section~~	56822
~~3317.029 of the Revised Code shall be determined as described in~~	56823
~~division (C)(7) of this section.~~	56824

~~(9) An amount equal to the sum of the amounts obtained when,~~	56825
~~for each school district where the community school's students are~~	56826
~~entitled to attend school, the district's per pupil amount~~	56827
~~received under divisions (H) and (I) of section 3317.029 of the~~	56828
~~Revised Code, as adjusted by any poverty-based assistance~~	56829
~~reduction factor of the community school, is multiplied by the sum~~	56830
~~of the following:~~	56831

~~(a) The number of the district's students enrolled in grades~~	56832
~~one through twelve in that community school;~~	56833

~~(b) One-half of the number of the district's students~~	56834
~~enrolled in kindergarten in that community school.~~	56835

~~The district's per pupil amount under divisions (H) and (I)~~	56836
~~of section 3317.029 of the Revised Code shall be determined as~~	56837
~~described in division (C)(8) of this section.~~	56838

~~(10) An amount equal to the sum of the amounts obtained when,~~	56839
~~for each school district where the community school's students are~~	56840
~~entitled to attend school, the district's per pupil amount of~~	56841
~~state parity aid funding calculated under either division (C) or~~	56842
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	56843
~~sum of the number of that district's students enrolled in grades~~	56844
~~one through twelve, and one-half of the number of that district's~~	56845
~~students enrolled in kindergarten, in the community school as~~	56846
~~reported under divisions (B)(2)(a) and (b) of this section.~~	56847

~~(E)(1) If a community school's costs for a fiscal year for a~~	56848
~~student receiving special education and related services pursuant~~	56849
~~to an IEP for a disability described in divisions (B) to (F) of~~	56850
~~section 3317.013 of the Revised Code exceed the threshold~~	56851
~~catastrophic cost for serving the student as specified in division~~	56852
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	56853
~~submit to the superintendent of public instruction documentation,~~	56854
~~as prescribed by the superintendent, of all its costs for that~~	56855
~~student. Upon submission of documentation for a student of the~~	56856
~~type and in the manner prescribed, the department shall pay to the~~	56857
~~community school an amount equal to the school's costs for the~~	56858
~~student in excess of the threshold catastrophic costs.~~	56859

~~(2) The community school shall only report under division~~	56860
~~(E)(1) of this section, and the department shall only pay for, the~~	56861
~~costs of educational expenses and the related services provided to~~	56862
~~the student in accordance with the student's individualized~~	56863
~~education program. Any legal fees, court costs, or other costs~~	56864
~~associated with any cause of action relating to the student may~~	56865
~~not be included in the amount.~~	56866

~~(F) A community school may apply to the department of~~	56867
~~education for preschool children with disabilities unit funding~~	56868
~~the school would receive if it were a school district. Upon~~	56869
~~request of its governing authority, a community school that~~	56870
~~received such unit funding as a school district-operated school~~	56871
~~before it became a community school shall retain any units awarded~~	56872
~~to it as a school district-operated school provided the school~~	56873
~~continues to meet eligibility standards for the unit.~~	56874

~~A community school shall be considered a school district and~~	56875
~~its governing authority shall be considered a board of education~~	56876
~~for the purpose of applying to any state or federal agency for~~	56877
~~grants that a school district may receive under federal or state~~	56878
~~law or any appropriations act of the general assembly. The~~	56879
~~governing authority of a community school may apply to any private~~	56880
~~entity for additional funds.~~	56881

~~(G)~~(1) Except as provided in division (C)(2) of this section,	56882
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	56883
section, on a full-time equivalency basis, for each student	56884
enrolled in a community school established under this chapter, the	56885
department of education annually shall deduct from the state	56886
education aid of a student's resident district and, if necessary,	56887
from the payment made to the district under sections 321.24 and	56888
323.156 of the Revised Code and pay to the community school the	56889
sum of the following:	56890

(a) An opportunity grant in an amount equal to the formula	56891
amount;	56892

(b) The per pupil amount of targeted assistance funds	56893
calculated under division (A) of section 3317.0217 of the Revised	56894
Code for the student's resident district, as determined by the	56895
department, X 0.25;	56896

(c) Additional state aid for special education and related	56897
services provided under Chapter 3323. of the Revised Code as	56898
follows:	56899

(i) If the student is a category one special education	56900
student, the amount specified in division (A) of section 3317.013	56901
of the Revised Code;	56902

(ii) If the student is a category two special education	56903
student, the amount specified in division (B) of section 3317.013	56904
of the Revised Code;	56905

(iii) If the student is a category three special education	56906
student, the amount specified in division (C) of section 3317.013	56907
of the Revised Code;	56908

(iv) If the student is a category four special education	56909
student, the amount specified in division (D) of section 3317.013	56910
of the Revised Code;	56911

(v) If the student is a category five special education	56912
student, the amount specified in division (E) of section 3317.013	56913
of the Revised Code;	56914

(vi) If the student is a category six special education	56915
student, the amount specified in division (F) of section 3317.013	56916
of the Revised Code.	56917

(d) If the student is in kindergarten through third grade, an	56918
additional amount of $225, in fiscal year 2014, and $335, in	56919
fiscal year 2015;	56920

(e) If the student is economically disadvantaged, an	56921
additional amount equal to the following:	56922

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	56923
(the resident district's economically disadvantaged index)	56924

(f) Limited English proficiency funds as follows:

56925

(i) If the student is a category one limited English	56926
proficient student, the amount specified in division (A) of	56927
section 3317.016 of the Revised Code;	56928

(ii) If the student is a category two limited English	56929
proficient student, the amount specified in division (B) of	56930
section 3317.016 of the Revised Code;	56931

(iii) If the student is a category three limited English	56932
proficient student, the amount specified in division (C) of	56933
section 3317.016 of the Revised Code.	56934

(g) Career-technical education funds as follows:

56935

(i) If the student is a category one career-technical	56936
education student, the amount specified in division (A) of section	56937
3317.014 of the Revised Code;	56938

(ii) If the student is a category two career-technical	56939
education student, the amount specified in division (B) of section	56940
3317.014 of the Revised Code;	56941

(iii) If the student is a category three career-technical	56942
education student, the amount specified in division (C) of section	56943
3317.014 of the Revised Code;	56944

(iv) If the student is a category four career-technical	56945
education student, the amount specified in division (D) of section	56946
3317.014 of the Revised Code;	56947

(v) If the student is a category five career-technical	56948
education student, the amount specified in division (E) of section	56949
3317.014 of the Revised Code.	56950

Deduction and payment of funds under division (C)(1)(g) of	56951
this section is subject to approval by the lead district of a	56952
career-technical planning district or the department of education	56953
under section 3317.161 of the Revised Code.	56954

(2) When deducting from the state education aid of a	56955
student's resident district for students enrolled in an internet-	56956
or computer-based community school and making payments to such	56957
school under this section, the department shall make the	56958
deductions and payments described in only divisions (C)(1)(a),	56959
(c), and (g) of this section.	56960

No deductions or payments shall be made for a student	56961
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	56962
of this section.	56963

(3)(a) If a community school's costs for a fiscal year for a	56964
student receiving special education and related services pursuant	56965
to an IEP for a disability described in divisions (B) to (F) of	56966
section 3317.013 of the Revised Code exceed the threshold	56967
catastrophic cost for serving the student as specified in division	56968
(B) of section 3317.0214 of the Revised Code, the school may	56969
submit to the superintendent of public instruction documentation,	56970
as prescribed by the superintendent, of all its costs for that	56971
student. Upon submission of documentation for a student of the	56972
type and in the manner prescribed, the department shall pay to the	56973
community school an amount equal to the school's costs for the	56974
student in excess of the threshold catastrophic costs.	56975

(b) The community school shall report under division	56976
(C)(3)(a) of this section, and the department shall pay for, only	56977
the costs of educational expenses and the related services	56978
provided to the student in accordance with the student's	56979
individualized education program. Any legal fees, court costs, or	56980
other costs associated with any cause of action relating to the	56981
student may not be included in the amount.	56982

(4) In any fiscal year, a community school receiving funds	56983
under division (C)(1)(g) of this section shall spend those funds	56984
only for the purposes that the department designates as approved	56985
for career-technical education expenses. Career-technical	56986
educational expenses approved by the department shall include only	56987
expenses connected to the delivery of career-technical programming	56988
to career-technical students. The department shall require the	56989
school to report data annually so that the department may monitor	56990
the school's compliance with the requirements regarding the manner	56991
in which funding received under division (C)(1)(g) of this section	56992
may be spent.	56993

(5) All funds received under division (C)(1)(g) of this	56994
section shall be spent in the following manner:	56995

(a) At least seventy-five per cent of the funds shall be	56996
spent on curriculum development, purchase, and implementation;	56997
instructional resources and supplies; industry-based program	56998
certification; student assessment, credentialing, and placement;	56999
curriculum specific equipment purchases and leases;	57000
career-technical student organization fees and expenses; home and	57001
agency linkages; work-based learning experiences; professional	57002
development; and other costs directly associated with	57003
career-technical education programs including development of new	57004
programs.	57005

(b) Not more than twenty-five per cent of the funds shall be	57006
used for personnel expenditures.	57007

(6) A community school shall spend the funds it receives	57008
under division (C)(1)(e) of this section in accordance with	57009
section 3317.25 of the Revised Code.	57010

(7) If the sum of the payments computed under division (C)(1)	57011
of this section for the students entitled to attend school in a	57012
particular school district under sections 3313.64 and 3313.65 of	57013
the Revised Code exceeds the sum of that district's state	57014
education aid and its payment under sections 321.24 and 323.156 of	57015
the Revised Code, the department shall calculate and apply a	57016
proration factor to the payments to all community schools under	57017
that division for the students entitled to attend school in that	57018
district.	57019

(D) A board of education sponsoring a community school may	57020
utilize local funds to make enhancement grants to the school or	57021
may agree, either as part of the contract or separately, to	57022
provide any specific services to the community school at no cost	57023
to the school.	57024

~~(H)~~(E) A community school may not levy taxes or issue bonds	57025
secured by tax revenues.	57026

~~(I)~~(F) No community school shall charge tuition for the	57027
enrollment of any student who is a resident of this state. A	57028
community school may charge tuition for the enrollment of any	57029
student who is not a resident of this state.	57030

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	57031
necessary and actual expenses of the school in anticipation of the	57032
receipt of any portion of the payments to be received by the	57033
school pursuant to division ~~(D)~~(C) of this section. The school may	57034
issue notes to evidence such borrowing. The proceeds of the notes	57035
shall be used only for the purposes for which the anticipated	57036
receipts may be lawfully expended by the school.	57037

(b) A school may also borrow money for a term not to exceed	57038
fifteen years for the purpose of acquiring facilities.	57039

(2) Except for any amount guaranteed under section 3318.50 of	57040
the Revised Code, the state is not liable for debt incurred by the	57041
governing authority of a community school.	57042

~~(K) For purposes of determining the number of students for~~	57043
~~which divisions (D)(5) and (6) of this section applies in any~~	57044
~~school year, a community school may submit to the department of~~	57045
~~job and family services, no later than the first day of March, a~~	57046
~~list of the students enrolled in the school. For each student on~~	57047
~~the list, the community school shall indicate the student's name,~~	57048
~~address, and date of birth and the school district where the~~	57049
~~student is entitled to attend school. Upon receipt of a list under~~	57050
~~this division, the department of job and family services shall~~	57051
~~determine, for each school district where one or more students on~~	57052
~~the list is entitled to attend school, the number of students~~	57053
~~residing in that school district who were included in the~~	57054
~~department's report under section 3317.10 of the Revised Code. The~~	57055
~~department shall make this determination on the basis of~~	57056
~~information readily available to it. Upon making this~~	57057
~~determination and no later than ninety days after submission of~~	57058
~~the list by the community school, the department shall report to~~	57059
~~the state department of education the number of students on the~~	57060
~~list who reside in each school district who were included in the~~	57061
~~department's report under section 3317.10 of the Revised Code. In~~	57062
~~complying with this division, the department of job and family~~	57063
~~services shall not report to the state department of education any~~	57064
~~personally identifiable information on any student.~~	57065

~~(L)~~(H) The department of education shall adjust the amounts	57066
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	57067
section to reflect any enrollment of students in community schools	57068
for less than the equivalent of a full school year. The state	57069
board of education within ninety days after April 8, 2003, shall	57070
adopt in accordance with Chapter 119. of the Revised Code rules	57071
governing the payments to community schools under this section ~~and~~	57072
~~section 3314.13 of the Revised Code~~ including initial payments in	57073
a school year and adjustments and reductions made in subsequent	57074
periodic payments to community schools and corresponding	57075
deductions from school district accounts as provided under	57076
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	57077
~~of the Revised Code~~. For purposes of this section ~~and section~~	57078
~~3314.13 of the Revised Code~~:	57079

(1) A student shall be considered enrolled in the community	57080
school for any portion of the school year the student is	57081
participating at a college under Chapter 3365. of the Revised	57082
Code.	57083

(2) A student shall be considered to be enrolled in a	57084
community school for the period of time beginning on the later of	57085
the date on which the school both has received documentation of	57086
the student's enrollment from a parent and the student has	57087
commenced participation in learning opportunities as defined in	57088
the contract with the sponsor, or thirty days prior to the date on	57089
which the student is entered into the education management	57090
information system established under section 3301.0714 of the	57091
Revised Code. For purposes of applying this division and divisions	57092
~~(L)~~(H)(3) and (4) of this section to a community school student,	57093
"learning opportunities" shall be defined in the contract, which	57094
shall describe both classroom-based and non-classroom-based	57095
learning opportunities and shall be in compliance with criteria	57096
and documentation requirements for student participation which	57097
shall be established by the department. Any student's instruction	57098
time in non-classroom-based learning opportunities shall be	57099
certified by an employee of the community school. A student's	57100
enrollment shall be considered to cease on the date on which any	57101
of the following occur:	57102

(a) The community school receives documentation from a parent	57103
terminating enrollment of the student.	57104

(b) The community school is provided documentation of a	57105
student's enrollment in another public or private school.	57106

(c) The community school ceases to offer learning	57107
opportunities to the student pursuant to the terms of the contract	57108
with the sponsor or the operation of any provision of this	57109
chapter.	57110

Except as otherwise specified in this paragraph, beginning in	57111
the 2011-2012 school year, any student who completed the prior	57112
school year in an internet- or computer-based community school	57113
shall be considered to be enrolled in the same school in the	57114
subsequent school year until the student's enrollment has ceased	57115
as specified in division ~~(L)~~(H)(2) of this section. The department	57116
shall continue subtracting and paying amounts for the student	57117
under ~~divisions~~division (C) ~~and (D)~~ of this section without	57118
interruption at the start of the subsequent school year. However,	57119
if the student without a legitimate excuse fails to participate in	57120
the first one hundred five consecutive hours of learning	57121
opportunities offered to the student in that subsequent school	57122
year, the student shall be considered not to have re-enrolled in	57123
the school for that school year and the department shall	57124
recalculate the payments to the school for that school year to	57125
account for the fact that the student is not enrolled.	57126

(3) The department shall determine each community school	57127
student's percentage of full-time equivalency based on the	57128
percentage of learning opportunities offered by the community	57129
school to that student, reported either as number of hours or	57130
number of days, is of the total learning opportunities offered by	57131
the community school to a student who attends for the school's	57132
entire school year. However, no internet- or computer-based	57133
community school shall be credited for any time a student spends	57134
participating in learning opportunities beyond ten hours within	57135
any period of twenty-four consecutive hours. Whether it reports	57136
hours or days of learning opportunities, each community school	57137
shall offer not less than nine hundred twenty hours of learning	57138
opportunities during the school year.	57139

(4) With respect to the calculation of full-time equivalency	57140
under division ~~(L)~~(H)(3) of this section, the department shall	57141
waive the number of hours or days of learning opportunities not	57142
offered to a student because the community school was closed	57143
during the school year due to disease epidemic, hazardous weather	57144
conditions, law enforcement emergencies, inoperability of school	57145
buses or other equipment necessary to the school's operation,	57146
damage to a school building, or other temporary circumstances due	57147
to utility failure rendering the school building unfit for school	57148
use, so long as the school was actually open for instruction with	57149
students in attendance during that school year for not less than	57150
the minimum number of hours required by this chapter. The	57151
department shall treat the school as if it were open for	57152
instruction with students in attendance during the hours or days	57153
waived under this division.	57154

~~(M)~~(I) The department of education shall reduce the amounts	57155
paid under ~~division (D) of~~ this section to reflect payments made	57156
to colleges under division (B) of section 3365.07 of the Revised	57157
Code or through alternative funding agreements entered into under	57158
rules adopted under section 3365.12 of the Revised Code.	57159

~~(N)~~(J)(1) No student shall be considered enrolled in any	57160
internet- or computer-based community school or, if applicable to	57161
the student, in any community school that is required to provide	57162
the student with a computer pursuant to division (C) of section	57163
3314.22 of the Revised Code, unless both of the following	57164
conditions are satisfied:	57165

(a) The student possesses or has been provided with all	57166
required hardware and software materials and all such materials	57167
are operational so that the student is capable of fully	57168
participating in the learning opportunities specified in the	57169
contract between the school and the school's sponsor as required	57170
by division (A)(23) of section 3314.03 of the Revised Code;	57171

(b) The school is in compliance with division (A) of section	57172
3314.22 of the Revised Code, relative to such student.	57173

(2) In accordance with policies adopted jointly by the	57174
superintendent of public instruction and the auditor of state, the	57175
department shall reduce the amounts otherwise payable under	57176
division ~~(D)~~(C) of this section to any community school that	57177
includes in its program the provision of computer hardware and	57178
software materials to any student, if such hardware and software	57179
materials have not been delivered, installed, and activated for	57180
each such student in a timely manner or other educational	57181
materials or services have not been provided according to the	57182
contract between the individual community school and its sponsor.	57183

The superintendent of public instruction and the auditor of	57184
state shall jointly establish a method for auditing any community	57185
school to which this division pertains to ensure compliance with	57186
this section.	57187

The superintendent, auditor of state, and the governor shall	57188
jointly make recommendations to the general assembly for	57189
legislative changes that may be required to assure fiscal and	57190
academic accountability for such schools.	57191

~~(O)~~(K)(1) If the department determines that a review of a	57192
community school's enrollment is necessary, such review shall be	57193
completed and written notice of the findings shall be provided to	57194
the governing authority of the community school and its sponsor	57195
within ninety days of the end of the community school's fiscal	57196
year, unless extended for a period not to exceed thirty additional	57197
days for one of the following reasons:	57198

(a) The department and the community school mutually agree to	57199
the extension.	57200

(b) Delays in data submission caused by either a community	57201
school or its sponsor.	57202

(2) If the review results in a finding that additional	57203
funding is owed to the school, such payment shall be made within	57204
thirty days of the written notice. If the review results in a	57205
finding that the community school owes moneys to the state, the	57206
following procedure shall apply:	57207

(a) Within ten business days of the receipt of the notice of	57208
findings, the community school may appeal the department's	57209
determination to the state board of education or its designee.	57210

(b) The board or its designee shall conduct an informal	57211
hearing on the matter within thirty days of receipt of such an	57212
appeal and shall issue a decision within fifteen days of the	57213
conclusion of the hearing.	57214

(c) If the board has enlisted a designee to conduct the	57215
hearing, the designee shall certify its decision to the board. The	57216
board may accept the decision of the designee or may reject the	57217
decision of the designee and issue its own decision on the matter.	57218

(d) Any decision made by the board under this division is	57219
final.	57220

(3) If it is decided that the community school owes moneys to	57221
the state, the department shall deduct such amount from the	57222
school's future payments in accordance with guidelines issued by	57223
the superintendent of public instruction.	57224

~~(P)~~(L) The department shall not subtract from a school	57225
district's state aid account ~~under division (C) of this section~~	57226
and shall not pay to a community school under division ~~(D)~~(C) of	57227
this section any amount for any of the following:	57228

(1) Any student who has graduated from the twelfth grade of a	57229
public or nonpublic high school;	57230

(2) Any student who is not a resident of the state;

57231

(3) Any student who was enrolled in the community school	57232
during the previous school year when assessments were administered	57233
under section 3301.0711 of the Revised Code but did not take one	57234
or more of the assessments required by that section and was not	57235
excused pursuant to division (C)(1) or (3) of that section, unless	57236
the superintendent of public instruction grants the student a	57237
waiver from the requirement to take the assessment and a parent is	57238
not paying tuition for the student pursuant to section 3314.26 of	57239
the Revised Code. The superintendent may grant a waiver only for	57240
good cause in accordance with rules adopted by the state board of	57241
education.	57242

(4) Any student who has attained the age of twenty-two years,	57243
except for veterans of the armed services whose attendance was	57244
interrupted before completing the recognized twelve-year course of	57245
the public schools by reason of induction or enlistment in the	57246
armed forces and who apply for enrollment in a community school	57247
not later than four years after termination of war or their	57248
honorable discharge. If, however, any such veteran elects to	57249
enroll in special courses organized for veterans for whom tuition	57250
is paid under federal law, or otherwise, the department shall not	57251
subtract from a school district's state aid account ~~under division~~	57252
~~(C) of this section~~ and shall not pay to a community school under	57253
division ~~(D)~~(C) of this section any amount for that veteran.	57254

Sec. 3314.082. A community school shall be considered a	57255
school district and its governing authority shall be considered a	57256
board of education for the purpose of applying to any state or	57257
federal agency for grants that a school district may receive under	57258
federal or state law or any appropriations act of the general	57259
assembly. The governing authority of a community school may apply	57260
to any private entity for additional funds.	57261

Sec. 3314.083. If the department of education pays a joint	57262
vocational school district under division ~~(G)(4)~~(C)(3) of section	57263
3317.16 of the Revised Code for excess costs of providing special	57264
education and related services to a student with a disability who	57265
is enrolled in a community school, as calculated under division	57266
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	57267
amount of that payment from the amount calculated for payment to	57268
the community school under section 3314.08 of the Revised Code.	57269

Sec. 3314.084. (A) As used in this section:

57270

(1) "Formula ADM" has the same meaning as in section 3317.03	57271
of the Revised Code.	57272

(2) "Home" has the same meaning as in section 3313.64 of the	57273
Revised Code.	57274

(3) "School district of residence" has the same meaning as in	57275
section 3323.01 of the Revised Code; however, a community school	57276
established under this chapter is not a "school district of	57277
residence" for purposes of this section.	57278

(B) Notwithstanding anything to the contrary in section	57279
3314.08 or 3317.03 of the Revised Code, all of the following apply	57280
in the case of a child who is enrolled in a community school and	57281
is also living in a home:	57282

(1) For purposes of the report required under division (B)(1)	57283
of section 3314.08 of the Revised Code, the child's school	57284
district of residence, and not the school district in which the	57285
home that the child is living in is located, shall be considered	57286
to be the school district in which the child is entitled to attend	57287
school. That school district of residence, therefore, shall make	57288
the report required under division (B)(1) of section 3314.08 of	57289
the Revised Code with respect to the child.	57290

(2) For purposes of the report required under division (B)(2)	57291
of section 3314.08 of the Revised Code, the community school shall	57292
report the name of the child's school district of residence.	57293

(3) The child's school district of residence shall count the	57294
child in that district's formula ADM.	57295

(4) The school district in which the home that the child is	57296
living in is located shall not count the child in that district's	57297
formula ADM.	57298

(5) The ~~Department~~department of ~~Education~~education shall	57299
deduct the applicable amounts prescribed under division (C) of	57300
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	57301
Code from the child's school district of residence and shall not	57302
deduct those amounts from the school district in which the home	57303
that the child is living in is located.	57304

(6) The ~~Department~~department shall make the payments	57305
prescribed in ~~divisions (D) and (E)~~division (C) of section	57306
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	57307
the community school.	57308

Sec. 3314.086. A community school established under this	57309
chapter, including an internet- or computer-based community	57310
school, may provide career-technical education in the manner	57311
prescribed by section 3313.90 of the Revised Code. The community	57312
school may contract with any public agency, board, or bureau or	57313
with any private individual or firm for the purchase of any	57314
career-technical education or vocational rehabilitation service	57315
for any student enrolled in the community school and may pay for	57316
such services with funds received under section 3314.08 of the	57317
Revised Code.	57318

Sec. 3314.087. (A) As used in this section:

57319

(1) "Career-technical program" means ~~vocational~~	57320
career-technical programs or classes described in division (A) or,	57321
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	57322
which a student is enrolled.	57323

(2) "Formula ADM," "category one ~~or two vocational~~through	57324
five career-technical education ADM," and "FTE basis" have the	57325
same meanings as in section 3317.02 of the Revised Code.	57326

(3) "Resident school district" means the city, exempted	57327
village, or local school district in which a student is entitled	57328
to attend school under section 3313.64 or 3313.65 of the Revised	57329
Code.	57330

(B) Notwithstanding anything to the contrary in this chapter	57331
or Chapter 3317. of the Revised Code, a student enrolled in a	57332
community school may simultaneously enroll in the career-technical	57333
program operated by the ~~student's resident school district~~	57334
career-technical planning district to which the student's resident	57335
district belongs. On an FTE basis, the student's resident school	57336
district shall count the student in the category one ~~or two~~	57337
~~vocational~~through five career-technical education ADM for the	57338
proportion of the time the student is enrolled in ~~the district's~~a	57339
career-technical program of the career-technical planning district	57340
to which the student's resident district belongs and, accordingly,	57341
the department of education shall calculate funds under Chapter	57342
3317. for the resident district attributable to the student for	57343
the proportion of time the student attends the career-technical	57344
program. The community school shall count the student in its	57345
enrollment report under section 3314.08 of the Revised Code and	57346
shall report to the department the proportion of time that the	57347
student attends classes at the community school. The department	57348
shall pay the community school and deduct from the student's	57349
resident school district the amount computed for the student under	57350
section 3314.08 of the Revised Code in proportion to the fraction	57351
of the time on an FTE basis that the student attends classes at	57352
the community school. "Full-time equivalency" for a community	57353
school student, as defined in division ~~(L)~~(H) of section 3314.08	57354
of the Revised Code, does not apply to the student.	57355

Sec. 3314.091. (A) A school district is not required to	57356
provide transportation for any native student enrolled in a	57357
community school if the district board of education has entered	57358
into an agreement with the community school's governing authority	57359
that designates the community school as responsible for providing	57360
or arranging for the transportation of the district's native	57361
students to and from the community school. For any such agreement	57362
to be effective, it must be certified by the superintendent of	57363
public instruction as having met all of the following	57364
requirements:	57365

(1) It is submitted to the department of education by a	57366
deadline which shall be established by the department.	57367

(2) In accordance with divisions (C)(1) and (2) of this	57368
section, it specifies qualifications, such as residing a minimum	57369
distance from the school, for students to have their	57370
transportation provided or arranged.	57371

(3) The transportation provided by the community school is	57372
subject to all provisions of the Revised Code and all rules	57373
adopted under the Revised Code pertaining to pupil transportation.	57374

(4) The sponsor of the community school also has signed the	57375
agreement.	57376

(B)(1) For the school year that begins on July 1, 2007, a	57377
school district is not required to provide transportation for any	57378
native student enrolled in a community school, if the community	57379
school during the previous school year transported the students	57380
enrolled in the school or arranged for the students'	57381
transportation, even if that arrangement consisted of having	57382
parents transport their children to and from the school, but did	57383
not enter into an agreement to transport or arrange for	57384
transportation for those students under division (A) of this	57385
section, and if the governing authority of the community school by	57386
July 15, 2007, submits written notification to the district board	57387
of education stating that the governing authority is accepting	57388
responsibility for providing or arranging for the transportation	57389
of the district's native students to and from the community	57390
school.	57391

(2) ~~For~~Except as provided in division (B)(4) of this	57392
section, for any school year subsequent to the school year that	57393
begins on July 1, 2007, a school district is not required to	57394
provide transportation for any native student enrolled in a	57395
community school if the governing authority of the community	57396
school, by the thirty-first day of January of the previous school	57397
year, submits written notification to the district board of	57398
education stating that the governing authority is accepting	57399
responsibility for providing or arranging for the transportation	57400
of the district's native students to and from the community	57401
school. If the governing authority of the community school has	57402
previously accepted responsibility for providing or arranging for	57403
the transportation of a district's native students to and from the	57404
community school, under division (B)(1) or (2) of this section,	57405
and has since relinquished that responsibility under division	57406
(B)(3) of this section, the governing authority shall not accept	57407
that responsibility again unless the district board consents to	57408
the governing authority's acceptance of that responsibility.	57409

(3) A governing authority's acceptance of responsibility	57410
under division (B)(1) or (2) of this section shall cover an entire	57411
school year, and shall remain in effect for subsequent school	57412
years unless the governing authority submits written notification	57413
to the district board that the governing authority is	57414
relinquishing the responsibility. However, a governing authority	57415
shall not relinquish responsibility for transportation before the	57416
end of a school year, and shall submit the notice relinquishing	57417
responsibility by the thirty-first day of January, in order to	57418
allow the school district reasonable time to prepare	57419
transportation for its native students enrolled in the school.	57420

(4)(a) For any school year that begins on or after July 1,	57421
2014, a school district is not required to provide transportation	57422
for any native student enrolled in a community school scheduled to	57423
open for operation in the current school year, if the governing	57424
authority of the community school, by the fifteenth day of April	57425
of the previous school year, submits written notification to the	57426
district board of education stating that the governing authority	57427
is accepting responsibility for providing or arranging for the	57428
transportation of the district's native students to and from the	57429
community school.	57430

(b) The governing authority of a community school that	57431
accepts responsibility for transporting its students under	57432
division (4)(a) of this section shall comply with divisions (B)(2)	57433
and (3) of this section to renew or relinquish that authority for	57434
subsequent school years.	57435

(C)(1) A community school governing authority that enters	57436
into an agreement under division (A) of this section, or that	57437
accepts responsibility under division (B) of this section, shall	57438
provide or arrange transportation free of any charge for each of	57439
its enrolled students who is required to be transported under	57440
section 3327.01 of the Revised Code or who would otherwise be	57441
transported by the school district under the district's	57442
transportation policy. The governing authority shall report to the	57443
department of education the number of students transported or for	57444
whom transportation is arranged under this section in accordance	57445
with rules adopted by the state board of education.	57446

(2) The governing authority may provide or arrange	57447
transportation for any other enrolled student who is not eligible	57448
for transportation in accordance with division (C)(1) of this	57449
section and may charge a fee for such service up to the actual	57450
cost of the service.	57451

(3) Notwithstanding anything to the contrary in division	57452
(C)(1) or (2) of this section, a community school governing	57453
authority shall provide or arrange transportation free of any	57454
charge for any disabled student enrolled in the school for whom	57455
the student's individualized education program developed under	57456
Chapter 3323. of the Revised Code specifies transportation.	57457

(D)(1) If a school district board and a community school	57458
governing authority elect to enter into an agreement under	57459
division (A) of this section, the department of education shall	57460
make payments to the community school according to the terms of	57461
the agreement for each student actually transported under division	57462
(C)(1) of this section.	57463

If a community school governing authority accepts	57464
transportation responsibility under division (B) of this section,	57465
the department shall make payments to the community school for	57466
each student actually transported or for whom transportation is	57467
arranged by the community school under division (C)(1) of this	57468
section, calculated as follows:	57469

(a) For any fiscal year which the general assembly has	57470
specified that transportation payments to school districts be	57471
based on an across-the-board percentage of the district's payment	57472
for the previous school year, the per pupil payment to the	57473
community school shall be the following quotient:	57474

(i) The total amount calculated for the school district in	57475
which the child is entitled to attend school for student	57476
transportation other than transportation of children with	57477
disabilities; divided by	57478

(ii) The number of students included in the district's	57479
transportation ADM for the current fiscal year, as reported under	57480
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	57481
the number of students enrolled in the community school not	57482
counted in the district's transportation ADM who are transported	57483
under division (B)(1) or (2) of this section.	57484

(b) For any fiscal year which the general assembly has	57485
specified that the transportation payments to school districts be	57486
calculated in accordance with section 3317.0212 of the Revised	57487
Code and any rules of the state board of education implementing	57488
that section, the payment to the community school shall be the	57489
amount so calculated that otherwise would be paid to the school	57490
district in which the student is entitled to attend school by the	57491
method of transportation the district would have used. The	57492
community school, however, is not required to use the same method	57493
to transport that student.	57494

(c) Divisions (D)(1)(a) and (b) of this section do not apply	57495
to fiscal years 2012 and 2013. Rather, for each of those fiscal	57496
years, the per pupil payment to a community school for	57497
transporting a student shall be the total amount paid under former	57498
section 3306.12 of the Revised Code for fiscal year 2011 to the	57499
school district in which the child is entitled to attend school	57500
divided by that district's "qualifying ridership," as defined in	57501
that section for fiscal year 2011.	57502

As used in this division "entitled to attend school" means	57503
entitled to attend school under section 3313.64 or 3313.65 of the	57504
Revised Code.	57505

(2) The department shall deduct the payment under division	57506
(D)(1) of this section from the state education aid, as defined in	57507
section 3314.08 of the Revised Code, and, if necessary, the	57508
payment under sections 321.14 and 323.156 of the Revised Code,	57509
that is otherwise paid to the school district in which the student	57510
enrolled in the community school is entitled to attend school. The	57511
department shall include the number of the district's native	57512
students for whom payment is made to a community school under	57513
division (D)(1) of this section in the calculation of the	57514
district's transportation payment under section 3317.0212 of the	57515
Revised Code and the operating appropriations act.	57516

(3) A community school shall be paid under division (D)(1) of	57517
this section only for students who are eligible as specified in	57518
section 3327.01 of the Revised Code and division (C)(1) of this	57519
section, and whose transportation to and from school is actually	57520
provided, who actually utilized transportation arranged, or for	57521
whom a payment in lieu of transportation is made by the community	57522
school's governing authority. To qualify for the payments, the	57523
community school shall report to the department, in the form and	57524
manner required by the department, data on the number of students	57525
transported or whose transportation is arranged, the number of	57526
miles traveled, cost to transport, and any other information	57527
requested by the department.	57528

(4) A community school shall use payments received under this	57529
section solely to pay the costs of providing or arranging for the	57530
transportation of students who are eligible as specified in	57531
section 3327.01 of the Revised Code and division (C)(1) of this	57532
section, which may include payments to a parent, guardian, or	57533
other person in charge of a child in lieu of transportation.	57534

(E) Except when arranged through payment to a parent,	57535
guardian, or person in charge of a child, transportation provided	57536
or arranged for by a community school pursuant to an agreement	57537
under this section is subject to all provisions of the Revised	57538
Code, and all rules adopted under the Revised Code, pertaining to	57539
the construction, design, equipment, and operation of school buses	57540
and other vehicles transporting students to and from school. The	57541
drivers and mechanics of the vehicles are subject to all	57542
provisions of the Revised Code, and all rules adopted under the	57543
Revised Code, pertaining to drivers and mechanics of such	57544
vehicles. The community school also shall comply with sections	57545
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	57546
of section 3327.16 of the Revised Code and, subject to division	57547
(C)(1) of this section, sections 3327.01 and 3327.02 of the	57548
Revised Code, as if it were a school district.	57549

Sec. 3314.092. The governing authority or operator of a	57550
community school established under this chapter shall consult with	57551
each school district board of education that transports students	57552
to the community school under sections 3314.09 and 3327.01 of the	57553
Revised Code prior to making any change in the hours or days in	57554
which the community school is open for instruction.	57555

Sec. 3314.11. (A) The board of education of each city,	57556
exempted village, and local school district monthly shall review	57557
enrollment for students enrolled in community schools established	57558
under this chapter and entitled to attend school in the district	57559
under section 3313.64 or 3313.65 of the Revised Code. For each	57560
student, the district shall verify to the department of education	57561
both of the following:	57562

(1) The community school in which the student is enrolled;

57563

(2) That the student is entitled to attend school in the	57564
district under section 3313.64 or 3313.65 of the Revised Code.	57565

(B) For purposes of its initial reporting of the school	57566
districts its students are entitled to attend, the governing	57567
authority of a community school may adopt a policy that prescribes	57568
the number of documents listed in division (E) of this section	57569
required to verify a student's residency. This policy, if adopted,	57570
shall supersede any policy concerning the number of documents for	57571
initial residency verification adopted by the district the student	57572
is entitled to attend. If a community school does not adopt a	57573
policy under this division, the policy of the school district in	57574
which the student is entitled to attend shall prevail.	57575

(C) In making the determinations under this section, the	57576
school district in which a parent or child resides is the location	57577
the parent or student has established as the primary residence and	57578
where substantial family activity takes place.	57579

(D) If a district's determination under division (A) of this	57580
section of the school district a student is entitled to attend	57581
under section 3313.64 or 3313.65 of the Revised Code differs from	57582
a community school's determination under division (B) of this	57583
section, the community school shall provide the school district	57584
that made the determination under division (A) of this section	57585
with documentation of the student's residency and shall make a	57586
good faith effort to accurately identify the correct residence of	57587
the student.	57588

(E) For purposes of this section, the following documents may	57589
serve as evidence of primary residence:	57590

(1) A deed, mortgage, lease, current home owner's or renter's	57591
insurance declaration page, or current real property tax bill;	57592

(2) A utility bill or receipt of utility installation issued	57593
within ninety days of enrollment;	57594

(3) A paycheck or paystub issued to the parent or student	57595
within ninety days of the date of enrollment that includes the	57596
address of the parent's or student's primary residence;	57597

(4) The most current available bank statement issued to the	57598
parent or student that includes the address of the parent's or	57599
student's primary residence;	57600

(5) Any other official document issued to the parent or	57601
student that includes the address of the parent's or student's	57602
primary residence. The superintendent of public instruction shall	57603
develop guidelines for determining what qualifies as an "official	57604
document" under this division.	57605

(F) When a student loses permanent housing and becomes a	57606
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	57607
child who is such a homeless child or youth changes temporary	57608
living arrangements, the district in which the student is entitled	57609
to attend school shall be determined in accordance with division	57610
(F)(13) of section 3313.64 of the Revised Code and the	57611
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	57612

(G) In the event of a disagreement as to which school	57613
district a student is entitled to attend, the community school,	57614
after complying with division (D) of this section, but not more	57615
than sixty days after the monthly deadline established by the	57616
department of education for reporting of community school	57617
enrollment, may present the matter to the superintendent of public	57618
instruction. Not later than thirty days after the community school	57619
presents the matter, the state superintendent, or the state	57620
superintendent's designee, shall determine which district the	57621
student is entitled to attend and shall direct any necessary	57622
adjustments to payments and deductions under ~~sections~~section	57623
3314.08 ~~and 3314.13~~ of the Revised Code based on that	57624
determination.	57625

Sec. 3314.26. (A) Each internet- or computer-based community	57626
school shall withdraw from the school any student who, for two	57627
consecutive school years, has failed to participate in the spring	57628
administration of any assessment prescribed under section	57629
3301.0710 or 3301.0712 of the Revised Code for the student's grade	57630
level and was not excused from the assessment pursuant to division	57631
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	57632
of whether a waiver was granted for the student under division	57633
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	57634
report any such student's data verification code, as assigned	57635
pursuant to section 3301.0714 of the Revised Code, to the	57636
department of education. The department shall maintain a list of	57637
all data verification codes reported under this division and	57638
section 3313.6410 of the Revised Code and provide that list to	57639
each internet- or computer-based community school and to each	57640
school to which section 3313.6410 of the Revised Code applies.	57641

(B) No internet- or computer-based community school shall	57642
receive any state funds under this chapter for any enrolled	57643
student whose data verification code appears on the list	57644
maintained by the department under division (A) of this section.	57645

Notwithstanding any provision of the Revised Code to the	57646
contrary, the parent of any such student shall pay tuition to the	57647
internet- or computer-based community school in an amount equal to	57648
the state funds the school otherwise would receive for that	57649
student, as determined by the department. An internet- or	57650
computer-based community school may withdraw any student for whom	57651
the parent does not pay tuition as required by this division.	57652

Sec. 3314.261. A student shall be considered continuously	57653
enrolled for purposes of the administration of state assessments	57654
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	57655
if the student transfers from an internet or computer-based	57656
community school to another internet or computer-based community	57657
school that is managed by the same operator.	57658

Sec. 3314.29. (A) Notwithstanding anything in this chapter	57659
to the contrary, an internet- or computer-based community school	57660
may divide into two separate internet- or computer-based community	57661
schools by grade level, if all of the following apply:	57662

(1) The school was in operation on or before the effective	57663
date of this section.	57664

(2) The school offers at least grades one through eight.

57665

(3) The sponsor of the school approves dividing the school	57666
into two separate schools under this section.	57667

(4) The school exercises the option to divide into two	57668
separate schools under this section during either the 2013-2014 or	57669
2014-2015 school year.	57670

(5) Either of the following applies:

57671

(a) For a school that divides into separate schools in the	57672
2013-2014 school year, the school is rated in continuous	57673
improvement or higher for the 2011-2012 school year on the report	57674
cards issued under section 3302.03 of the Revised Code as that	57675
section existed prior to March 22, 2013, and the school receives a	57676
grade of "C" or higher on its performance index score under	57677
division (A)(1)(b) of section 3302.03 of the Revised Code for the	57678
report cards issued for the 2012-2013 school year.	57679

(b) For a school that divides into separate schools in the	57680
2013-2014 school year, the school receives a grade of "C" or	57681
higher on its performance index score under divisions (A)(1)(b)	57682
and (B)(1)(b) of section 3302.03 of the Revised Code on the report	57683
cards issued for both the 2012-2013 and 2013-2014 school years.	57684

(B) No school may exercise the option under this section	57685
after the 2014-2015 school year. However, the authority of a	57686
school that has exercised the option under this section to operate	57687
separately as two schools continues for all subsequent school	57688
years in which the schools are in operation.	57689

(C) If a school divides into separate schools under this	57690
section, the accountability data of the original school, including	57691
report card ratings under section 3302.03 of the Revised Code,	57692
shall continue to apply to the applicable grade levels of the new	57693
schools.	57694

(D) The resulting two schools from a separation under this	57695
section shall not add additional grade levels at any time during	57696
either school's operation.	57697

(E) An internet- or computer-based community school created	57698
under this section shall not count toward the annual limit on new	57699
internet- or computer-based community schools prescribed by	57700
division (B) of section 3314.013 of the Revised Code.	57701

Sec. 3314.35. (A)(1) Except as provided in division (A)(4)	57702
of this section, this section applies to any community school that	57703
meets one of the following criteria after July 1, 2009, but before	57704
July 1, 2011:	57705

(a) The school does not offer a grade level higher than three	57706
and has been declared to be in a state of academic emergency under	57707
section 3302.03 of the Revised Code for three of the four most	57708
recent school years.	57709

(b) The school satisfies all of the following conditions:

57710

(i) The school offers any of grade levels four to eight but	57711
does not offer a grade level higher than nine.	57712

(ii) The school has been declared to be in a state of	57713
academic emergency under section 3302.03 of the Revised Code for	57714
two of the three most recent school years.	57715

(iii) In at least two of the three most recent school years,	57716
the school showed less than one standard year of academic growth	57717
in either reading or mathematics, as determined by the department	57718
of education in accordance with rules adopted under division (A)	57719
of section 3302.021 of the Revised Code.	57720

(c) The school offers any of grade levels ten to twelve and	57721
has been declared to be in a state of academic emergency under	57722
section 3302.03 of the Revised Code for three of the four most	57723
recent school years.	57724

(2) Except as provided in division (A)(4) of this section,	57725
this section applies to any community school that meets one of the	57726
following criteria after July 1, 2011, but before July 1, 2013:	57727

(a) The school does not offer a grade level higher than three	57728
and has been declared to be in a state of academic emergency under	57729
section 3302.03 of the Revised Code for two of the three most	57730
recent school years.	57731

(b) The school satisfies all of the following conditions:

57732

(i) The school offers any of grade levels four to eight but	57733
does not offer a grade level higher than nine.	57734

(ii) The school has been declared to be in a state of	57735
academic emergency under section 3302.03 of the Revised Code for	57736
two of the three most recent school years.	57737

(iii) In at least two of the three most recent school years,	57738
the school showed less than one standard year of academic growth	57739
in either reading or mathematics, as determined by the department	57740
in accordance with rules adopted under division (A) of section	57741
3302.021 of the Revised Code.	57742

(c) The school offers any of grade levels ten to twelve and	57743
has been declared to be in a state of academic emergency under	57744
section 3302.03 of the Revised Code for two of the three most	57745
recent school years.	57746

(3) Except as provided in division (A)(4) of this section,	57747
this section applies to any community school that meets one of the	57748
following criteria on or after July 1, 2013:	57749

(a) The school does not offer a grade level higher than three	57750
and, for two of the three most recent school years, satisfies any	57751
of the following criteria:	57752

(i) The school has been declared to be in a state of academic	57753
emergency under section 3302.03 of the Revised Code, as it existed	57754
prior to ~~the effective date of this amendment~~March 22, 2013;	57755

(ii) The school has received a grade of "F" in improving	57756
literacy in grades kindergarten through three under division	57757
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	57758

(iii) The school has received an overall grade of "F" under	57759
division (C) of section 3302.03 of the Revised Code.	57760

(b) The school offers any of grade levels four to eight but	57761
does not offer a grade level higher than nine and, for two of the	57762
three most recent school years, satisfies any of the following	57763
criteria:	57764

(i) The school has been declared to be in a state of academic	57765
emergency under section 3302.03 of the Revised Code, as it existed	57766
prior to ~~the effective date of this amendment~~March 22, 2013, and	57767
the school showed less than one standard year of academic growth	57768
in either reading or mathematics, as determined by the department	57769
in accordance with rules adopted under division (A) of section	57770
3302.021 of the Revised Code;	57771

(ii) The school has received a grade of "F" for the	57772
performance index score under division (A)(1)(b), (B)(1)(b), or	57773
(C)(1)(b) and a grade of "F" for the value-added progress	57774
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	57775
section 3302.03 of the Revised Code;	57776

(iii) The school has received an overall grade of "F" under	57777
division (C) and a grade of "F" for the value-added progress	57778
dimension under division (C)(1)(e) of section 3302.03 of the	57779
Revised Code.	57780

(c) The school offers any of grade levels ten to twelve and,	57781
for two of the three most recent school years, satisfies any of	57782
the following criteria:	57783

(i) The school has been declared to be in a state of academic	57784
emergency under section 3302.03 of the Revised Code, as it existed	57785
prior to ~~the effective date of this amendment~~March 22, 2013;	57786

(ii) The school has received a grade of "F" for the	57787
performance index score under division (A)(1)(b), (B)(1)(b), or	57788
(C)(1)(b) and has not met annual measurable objectives under	57789
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	57790
the Revised Code;	57791

(iii) The school has received an overall grade of "F" under	57792
division (C) and a grade of "F" for the value-added progress	57793
dimension under division (C)(1)(e) of section 3302.03 of the	57794
Revised Code.	57795

For purposes of division (A)(3) of this section only, the	57796
value-added progress dimension for a community school shall be	57797
calculated using assessment scores for only those students to whom	57798
the school has administered the achievement assessments prescribed	57799
by section 3301.0710 of the Revised Code for at least the two most	57800
recent school years.	57801

(4) This section does not apply to either of the following:

57802

(a) Any community school in which a majority of the students	57803
are enrolled in a dropout prevention and recovery program that is	57804
operated by the school. Rather, such schools shall be subject to	57805
closure only as provided in section 3314.351 of the Revised Code.	57806
However, prior to July 1, 2014, a community school in which a	57807
majority of the students are enrolled in a dropout prevention and	57808
recovery program shall be exempt from this section only if it has	57809
been granted a waiver under section 3314.36 of the Revised Code.	57810

(b) Any community school in which a majority of the enrolled	57811
students are children with disabilities receiving special	57812
education and related services in accordance with Chapter 3323. of	57813
the Revised Code.	57814

(B) Any community school to which this section applies shall	57815
permanently close at the conclusion of the school year in which	57816
the school first becomes subject to this section. The sponsor and	57817
governing authority of the school shall comply with all procedures	57818
for closing a community school adopted by the department under	57819
division (E) of section 3314.015 of the Revised Code. The	57820
governing authority of the school shall not enter into a contract	57821
with any other sponsor under section 3314.03 of the Revised Code	57822
after the school closes.	57823

(C) In accordance with division (B) of section 3314.012 of	57824
the Revised Code, the department shall not consider the	57825
performance ratings assigned to a community school for its first	57826
two years of operation when determining whether the school meets	57827
the criteria prescribed by division (A)(1) or (2) of this section.	57828

Sec. 3315.07. (A) The board of education of each ~~city and~~	57829
~~exempted village~~ school district may provide an instructional	57830
program for the employees of the district. The board may provide	57831
the necessary bulletins and instructional material in connection	57832
with the program and pay the cost of meetings held for the purpose	57833
of carrying out the program.	57834

(B) The board of any district or educational service center	57835
may provide bulletins or other materials necessary for the	57836
effective administration of the schools of ~~such~~the district or	57837
programs of the educational service center and may compile, make	57838
available, or publish any of the following materials not	57839
inconsistent with division (C) of this section: student handbooks,	57840
dress codes, curriculum guides, school policy bulletins,	57841
newsletters, board meeting summaries or minutes, financial	57842
reports, annual reports, and other reports concerning the	57843
operation of the schools of the district or programs of the	57844
service center. Such materials shall be published for the purpose	57845
of furthering public awareness of all aspects of the board's	57846
educational program and operation including:	57847

(1) Board policies and actions, procedures, administration	57848
and finance, and state and federal requirements;	57849

(2) The board's programs, activities, and plans;

57850

(3) Student achievements and information concerning	57851
employees;	57852

(4) Any other information the board considers helpful in	57853
keeping students, parents, employees, and residents aware of the	57854
operation of the school district. The board may assign to	57855
employees the duty of producing the information authorized by this	57856
division as a part or all of their jobs.	57857

(C)(1) Except as otherwise provided in division (C)(2) of	57858
this section, no board of education shall use public funds to	57859
support or oppose the passage of a school levy or bond issue or to	57860
compensate any school district employee for time spent on any	57861
activity intended to influence the outcome of a school levy or	57862
bond issue election.	57863

(2) A board of education may permit any of its employees to	57864
attend a public meeting during ~~his~~the employee's regular working	57865
hours for the purpose of presenting information about school	57866
finances and activities and board actions, even if the purpose of	57867
the meeting is to discuss or debate the passage of a school levy	57868
or bond issue.	57869

(D) ~~Boards~~The board of education of ~~local~~a school ~~districts~~	57870
~~and, subject to approval by the educational service center~~	57871
~~governing board, boards of city and exempted village school~~	57872
~~districts located in whole or in part in the territory of~~district	57873
that has entered into an agreement under section 3313.843 or	57874
3313.845 of the Revised Code to receive any services from an	57875
educational service center may authorize ~~educational~~the service	57876
center ~~governing boards~~ to purchase or to accept upon donation	57877
supplies and equipment for such school ~~districts~~district and to	57878
pay the transportation, handling, and storage charges involved in	57879
securing such supplies and equipment. Upon such authorization, the	57880
governing board may make such purchases or accept such donations	57881
and pay from the service center fund the cost of such supplies and	57882
equipment and the transportation, handling, and storage charges	57883
involved. ~~Boards~~The district board shall reimburse in full the	57884
service center governing board for all such expenditures on ~~their~~	57885
its behalf.	57886

Sec. 3315.33. There is hereby established a fund to be known	57887
as the Ohio scholarship fund for teacher trainees for the public	57888
purpose of relieving the existing teacher shortage in public	57889
schools, to be administered and expended as prescribed in sections	57890
3315.33 to 3315.35 of the Revised Code. Appropriations by the	57891
general assembly for the purpose of scholarships for teacher	57892
trainees shall be paid into this fund.	57893

Each scholarship for a teacher trainee shall have a maximum	57894
value of five hundred dollars annually and shall be awarded as	57895
follows:	57896

(A) The state board of education shall prescribe standards	57897
and requirements which shall be met by persons who are eligible	57898
for such scholarships. Scholarships shall be allocated among the	57899
counties of the state on an equitable basis by the state board of	57900
education, provided that not less than three such scholarships	57901
shall be available annually to residents of each county of the	57902
state. If, on the first day of September in each year, the state	57903
board of education finds that the number of eligible persons	57904
recommended from any county is less than the number of	57905
scholarships allocated to that county, it may reallocate the	57906
remaining scholarships among the counties in which the number of	57907
eligible persons exceeds the number of scholarships allocated.	57908
Such reallocation as may affect a county in one year shall not	57909
prejudice in any way the allocation to it in succeeding years.	57910

(B) In accordance with the requirements of sections 3315.33,	57911
3315.34, and 3315.35 of the Revised Code, the educational service	57912
center superintendent in each educational service center as	57913
committee chairperson shall appoint a committee consisting of one	57914
~~city or exempted village~~ high school principal, one elementary	57915
school principal, and one ~~city or exempted village~~ classroom	57916
teacher. This committee shall select and recommend, on the basis	57917
of merit, a number of high school graduates, not to exceed the	57918
number allocated to each county by the state board of education,	57919
who are interested in teaching and whose work and qualifications	57920
are such as to indicate that they possess the qualities which	57921
should be possessed by a successful teacher. Such persons shall	57922
not have previously been enrolled in any college of education or	57923
have majored in education in any college or university. Such other	57924
college training shall be considered in determining such person's	57925
qualifications to become a successful teacher.	57926

(C) The scholarship fund for teacher trainees shall be	57927
disbursed to scholarship holders upon their application as	57928
approved by the state board of education upon vouchers for that	57929
purpose. Such scholarships shall be paid in equal installments at	57930
the beginning of each quarter or semester while college is in	57931
session to each person who has been awarded such a scholarship	57932
when the following requirements are met:	57933

(1) Such person shall be a bona fide student in the college	57934
of education or department of teacher training in an Ohio	57935
institution of higher learning.	57936

(2) Such person shall pursue a course of study in elementary	57937
education in said college of education or department of teacher	57938
training approved by the state board of education.	57939

Sec. 3315.40. The board of education of a city, local,	57940
exempted village, or joint vocational school district or the	57941
governing board of any educational service center may establish an	57942
education foundation fund. Moneys in the fund shall consist of	57943
proceeds paid into the fund under division (B) of section 3313.36	57944
of the Revised Code. In addition, by resolution adopted by a	57945
majority of its members, a city, local, exempted village, or joint	57946
vocational board may annually direct the school district treasurer	57947
to pay into the education foundation fund an amount from the	57948
school district general fund not to exceed one-half of one per	57949
cent of the total appropriations of the school district as	57950
estimated by the board at the time the resolution is adopted or as	57951
set forth in the annual appropriation measure as most recently	57952
amended or supplemented; and any governing board, by resolution	57953
adopted by a majority of its members, may annually direct the	57954
service center treasurer to pay into the education foundation fund	57955
an amount not to exceed one-half of one per cent of the funds	57956
received by the governing board pursuant to an agreement entered	57957
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	57958
Code.	57959

Income from the investment of moneys in the fund shall be	57960
paid into the fund. A board, by resolution adopted by a majority	57961
of its members, may accept a trust created under section 3315.41	57962
of the Revised Code for the investment of money in the educational	57963
foundation fund and direct the school district or service center	57964
treasurer to pay to the trustee, the initial trust principal	57965
contemplated by the instrument creating the trust. A board that	57966
has accepted a trust created under section 3315.41 of the Revised	57967
Code may do any of the following by resolution adopted by a	57968
majority of its members: direct the school district or service	57969
center treasurer to pay additional amounts to the trust principal,	57970
amend the trust, revoke the trust, or provide for payment of	57971
compensation to the trustee.	57972

Moneys in the fund shall be expended only by resolution	57973
adopted by a majority of the members of the board for operating or	57974
capital costs of any existing or new and innovative program	57975
designed to enhance or promote education within the district or	57976
service center, such as scholarships for students or teachers.	57977

A board of education or governing board may appoint a	57978
committee of administrators to administer the education foundation	57979
fund and to make recommendations for the use of the fund. Members	57980
of the committee shall serve at the discretion of the appointing	57981
board. Members shall receive no compensation, but may be	57982
reimbursed for actual and necessary expenses incurred in the	57983
performance of their official duties.	57984

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	57985
Code do not apply to either of the following:	57986

(A) A school district that has received funds for a project	57987
under Chapter 3318. of the Revised Code, so long as the purchase	57988
price to be paid by the board for the state's interest in the	57989
project has not been paid;	57990

(B) A school district that has an outstanding loan under	57991
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	57992
Code.	57993

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	57994
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	57995
Code, and subject to the approval of the superintendent of public	57996
instruction, a school district that is in a state of fiscal watch	57997
declared under section 3316.03 of the Revised Code may restructure	57998
or refinance loans obtained or in the process of being obtained	57999
under section 3313.483 of the Revised Code if all of the following	58000
requirements are met:	58001

(1) The operating deficit certified for the school district	58002
for the current or preceding fiscal year under section 3313.483 of	58003
the Revised Code exceeds fifteen per cent of the district's	58004
general revenue fund for the fiscal year preceding the year for	58005
which the certification of the operating deficit is made.	58006

(2) The school district voters have, during the period of the	58007
fiscal watch, approved the levy of a tax under section 718.09,	58008
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	58009
that is not a renewal or replacement levy, or a levy under section	58010
5705.199 of the Revised Code, and that will provide new operating	58011
revenue.	58012

(3) The board of education of the school district has adopted	58013
or amended the financial plan required by section 3316.04 of the	58014
Revised Code to reflect the restructured or refinanced loans, and	58015
sets forth the means by which the district will bring projected	58016
operating revenues and expenditures, and projected debt service	58017
obligations, into balance for the life of any such loan.	58018

(B) Subject to the approval of the superintendent of public	58019
instruction, the school district may issue securities to evidence	58020
the restructuring or refinancing authorized by this section. Such	58021
securities may extend the original period for repayment not to	58022
exceed ten years, and may alter the frequency and amount of	58023
repayments, interest or other financing charges, and other terms	58024
or agreements under which the loans were originally contracted,	58025
provided the loans received under sections 3313.483 of the Revised	58026
Code are repaid from funds the district would otherwise receive	58027
under Chapter 3317. of the Revised Code, as required under	58028
division (E)(3) of section 3313.483 of the Revised Code.	58029
Securities issued for the purpose of restructuring or refinancing	58030
under this section shall be repaid in equal payments and at equal	58031
intervals over the term of the debt and are not eligible to be	58032
included in any subsequent proposal to restructure or refinance.	58033

(C) Unless the district is declared to be in a state of	58034
fiscal emergency under division (D) of section 3316.04 of the	58035
Revised Code, a school district shall remain in a state of fiscal	58036
watch for the duration of the repayment period of any loan	58037
restructured or refinanced under this section.	58038

Sec. 3316.06. (A) Within one hundred twenty days after the	58039
first meeting of a school district financial planning and	58040
supervision commission, the commission shall adopt a financial	58041
recovery plan regarding the school district for which the	58042
commission was created. During the formulation of the plan, the	58043
commission shall seek appropriate input from the school district	58044
board and from the community. This plan shall contain the	58045
following:	58046

(1) Actions to be taken to:

58047

(a) Eliminate all fiscal emergency conditions declared to	58048
exist pursuant to division (B) of section 3316.03 of the Revised	58049
Code;	58050

(b) Satisfy any judgments, past-due accounts payable, and all	58051
past-due and payable payroll and fringe benefits;	58052

(c) Eliminate the deficits in all deficit funds, except that	58053
any prior year deficits in the capital and maintenance fund	58054
established pursuant to section 3315.18 of the Revised Code shall	58055
be forgiven;	58056

(d) Restore to special funds any moneys from such funds that	58057
were used for purposes not within the purposes of such funds, or	58058
borrowed from such funds by the purchase of debt obligations of	58059
the school district with the moneys of such funds, or missing from	58060
the special funds and not accounted for, if any;	58061

(e) Balance the budget, avoid future deficits in any funds,	58062
and maintain on a current basis payments of payroll, fringe	58063
benefits, and all accounts;	58064

(f) Avoid any fiscal emergency condition in the future;

58065

(g) Restore the ability of the school district to market	58066
long-term general obligation bonds under provisions of law	58067
applicable to school districts generally.	58068

(2) The management structure that will enable the school	58069
district to take the actions enumerated in division (A)(1) of this	58070
section. The plan shall specify the level of fiscal and management	58071
control that the commission will exercise within the school	58072
district during the period of fiscal emergency, and shall	58073
enumerate respectively, the powers and duties of the commission	58074
and the powers and duties of the school board during that period.	58075
The commission may elect to assume any of the powers and duties of	58076
the school board it considers necessary, including all powers	58077
related to personnel, curriculum, and legal issues in order to	58078
successfully implement the actions described in division (A)(1) of	58079
this section.	58080

(3) The target dates for the commencement, progress upon, and	58081
completion of the actions enumerated in division (A)(1) of this	58082
section and a reasonable period of time expected to be required to	58083
implement the plan. The commission shall prepare a reasonable time	58084
schedule for progress toward and achievement of the requirements	58085
for the plan, and the plan shall be consistent with that time	58086
schedule.	58087

(4) The amount and purpose of any issue of debt obligations	58088
that will be issued, together with assurances that any such debt	58089
obligations that will be issued will not exceed debt limits	58090
supported by appropriate certifications by the fiscal officer of	58091
the school district and the county auditor. Debt obligations	58092
issued pursuant to section 133.301 of the Revised Code shall	58093
include assurances that such debt shall be in an amount not to	58094
exceed the amount certified under division (B) of such section. If	58095
the commission considers it necessary in order to maintain or	58096
improve educational opportunities of pupils in the school	58097
district, the plan may include a proposal to restructure or	58098
refinance outstanding debt obligations incurred by the board under	58099
section 3313.483 of the Revised Code contingent upon the approval,	58100
during the period of the fiscal emergency, by district voters of a	58101
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	58102
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	58103
renewal or replacement levy, or a levy under section 5705.199 of	58104
the Revised Code, and that will provide new operating revenue.	58105
Notwithstanding any provision of Chapter 133. or sections 3313.483	58106
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	58107
approval of the district voters and with the approval of the	58108
commission, the school district may issue securities to evidence	58109
the restructuring or refinancing. Those securities may extend the	58110
original period for repayment, not to exceed ten years, and may	58111
alter the frequency and amount of repayments, interest or other	58112
financing charges, and other terms of agreements under which the	58113
debt originally was contracted, at the discretion of the	58114
commission, provided that any loans received pursuant to section	58115
3313.483 of the Revised Code shall be paid from funds the district	58116
would otherwise receive under Chapter 3317. of the Revised Code,	58117
as required under division (E)(3) of section 3313.483 of the	58118
Revised Code. The securities issued for the purpose of	58119
restructuring or refinancing the debt shall be repaid in equal	58120
payments and at equal intervals over the term of the debt and are	58121
not eligible to be included in any subsequent proposal for the	58122
purpose of restructuring or refinancing debt under this section.	58123

(5) An evaluation of the feasibility of entering into shared	58124
services agreements with other political subdivisions for the	58125
joint exercise of any power, performance of any function, or	58126
rendering of any service, if so authorized by statute.	58127

(B) Any financial recovery plan may be amended subsequent to	58128
its adoption. Each financial recovery plan shall be updated	58129
annually.	58130

(C) Each school district financial planning and supervision	58131
commission shall submit the financial recovery plan it adopts or	58132
updates under this section to the state superintendent of public	58133
instruction for approval immediately following its adoption or	58134
updating. The state superintendent shall evaluate the plan and	58135
either approve or disapprove it within thirty calendar days from	58136
the date of its submission. If the plan is disapproved, the state	58137
superintendent shall recommend modifications that will render it	58138
acceptable. No financial planning and supervision commission shall	58139
implement a financial recovery plan that is adopted or updated on	58140
or after April 10, 2001, unless the state superintendent has	58141
approved it.	58142

Sec. 3317.01. As used in this section, "school district,"	58143
unless otherwise specified, means any city, local, exempted	58144
village, joint vocational, or cooperative education school	58145
district and any educational service center.	58146

This chapter shall be administered by the state board of	58147
education. The superintendent of public instruction shall	58148
calculate the amounts payable to each school district and shall	58149
certify the amounts payable to each eligible district to the	58150
treasurer of the district as provided by this chapter. As soon as	58151
possible after such amounts are calculated, the superintendent	58152
shall certify to the treasurer of each school district the	58153
district's adjusted charge-off increase, as defined in section	58154
5705.211 of the Revised Code. Certification of moneys pursuant to	58155
this section shall include the amounts payable to each school	58156
building, at a frequency determined by the superintendent, for	58157
each subgroup of students, as defined in section 3317.40 of the	58158
Revised Code, receiving services, provided for by state funding,	58159
from the district or school. No moneys shall be distributed	58160
pursuant to this chapter without the approval of the controlling	58161
board.	58162

The state board of education shall, in accordance with	58163
appropriations made by the general assembly, meet the financial	58164
obligations of this chapter.	58165

Moneys distributed pursuant to this chapter shall be	58166
calculated and paid on a fiscal year basis, beginning with the	58167
first day of July and extending through the thirtieth day of June.	58168
The moneys appropriated for each fiscal year shall be distributed	58169
periodically to each school district unless otherwise provided	58170
for. The state board, in June of each year, shall submit to the	58171
controlling board the state board's year-end distributions	58172
pursuant to this chapter.	58173

Payments shall be calculated to reflect the biannual	58174
reporting of average daily membership. Annualized periodic	58175
payments for each school district shall be based on the district's	58176
final student counts verified by the superintendent of public	58177
instruction based on reports under section 3317.03 of the Revised	58178
Code, as adjusted, if so ordered, under division (K) of that	58179
section, as follows:	58180

the sum of one-half of the number of students verified and	58181
adjusted for the first full week in October plus one-half of the	58182
average of the numbers verified and adjusted for the first full	58183
week in October and for the first full week in February	58184

Except as otherwise provided, payments under this chapter	58185
shall be made only to those school districts in which:	58186

(A) The school district, except for any educational service	58187
center and any joint vocational or cooperative education school	58188
district, levies for current operating expenses at least twenty	58189
mills. Levies for joint vocational or cooperative education school	58190
districts or county school financing districts, limited to or to	58191
the extent apportioned to current expenses, shall be included in	58192
this qualification requirement. School district income tax levies	58193
under Chapter 5748. of the Revised Code, limited to or to the	58194
extent apportioned to current operating expenses, shall be	58195
included in this qualification requirement to the extent	58196
determined by the tax commissioner under division (D) of section	58197
3317.021 of the Revised Code.	58198

(B) The school year next preceding the fiscal year for which	58199
such payments are authorized meets the requirement of section	58200
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	58201
minimum number of ~~days or~~ hours school must be open for	58202
instruction with pupils in attendance, for individualized	58203
parent-teacher conference and reporting periods, and for	58204
professional meetings of teachers. ~~This requirement shall be~~	58205
~~waived by the superintendent of public instruction if it had been~~	58206
~~necessary for a school to be closed because of disease epidemic,~~	58207
~~hazardous weather conditions, law enforcement emergencies,~~	58208
~~inoperability of school buses or other equipment necessary to the~~	58209
~~school's operation, damage to a school building, or other~~	58210
~~temporary circumstances due to utility failure rendering the~~	58211
~~school building unfit for school use, provided that for those~~	58212
~~school districts operating pursuant to section 3313.48 of the~~	58213
~~Revised Code the number of days the school was actually open for~~	58214
~~instruction with pupils in attendance and for individualized~~	58215
~~parent-teacher conference and reporting periods is not less than~~	58216
~~one hundred seventy-five, or for those school districts operating~~	58217
~~on a trimester plan the number of days the school was actually~~	58218
~~open for instruction with pupils in attendance not less than~~	58219
~~seventy-nine days in any trimester, for those school districts~~	58220
~~operating on a quarterly plan the number of days the school was~~	58221
~~actually open for instruction with pupils in attendance not less~~	58222
~~than fifty-nine days in any quarter, or for those school districts~~	58223
~~operating on a pentamester plan the number of days the school was~~	58224
~~actually open for instruction with pupils in attendance not less~~	58225
~~than forty-four days in any pentamester.~~	58226

A school district shall not be considered to have failed to	58227
comply with this division ~~or section 3313.481 of the Revised Code~~	58228
because schools were open for instruction but either twelfth grade	58229
students were excused from attendance for up to the equivalent of	58230
three school days or only a portion of the kindergarten students	58231
were in attendance for up to the equivalent of three school days	58232
in order to allow for the gradual orientation to school of such	58233
students.	58234

~~The superintendent of public instruction shall waive the~~	58235
~~requirements of this section with reference to the minimum number~~	58236
~~of days or hours school must be in session with pupils in~~	58237
~~attendance for the school year succeeding the school year in which~~	58238
~~a board of education initiates a plan of operation pursuant to~~	58239
~~section 3313.481 of the Revised Code. The minimum requirements of~~	58240
~~this section shall again be applicable to such a district~~	58241
~~beginning with the school year commencing the second July~~	58242
~~succeeding the initiation of one such plan, and for each school~~	58243
~~year thereafter.~~	58244

~~A school district shall not be considered to have failed to~~	58245
~~comply with this division or section 3313.48 or 3313.481 of the~~	58246
~~Revised Code because schools were open for instruction but the~~	58247
~~length of the regularly scheduled school day, for any number of~~	58248
~~days during the school year, was reduced by not more than two~~	58249
~~hours due to hazardous weather conditions.~~	58250

A board of education or governing board of an educational	58251
service center which has not conformed with other law and the	58252
rules pursuant thereto, shall not participate in the distribution	58253
of funds authorized by this chapter, except for good and	58254
sufficient reason established to the satisfaction of the state	58255
board of education and the state controlling board.	58256

All funds allocated to school districts under this chapter,	58257
except those specifically allocated for other purposes, shall be	58258
used to pay current operating expenses only.	58259

Sec. 3317.013. ~~Except for a preschool child with a~~	58260
~~disability for whom a scholarship has been awarded under section~~	58261
~~3310.41 of the Revised Code, this section does not apply to~~	58262
~~preschool children with disabilities.~~	58263

~~Analysis of special education cost data has resulted in a~~	58264
~~finding that the average special education additional cost per~~	58265
~~pupil, including the costs of related services, can be expressed~~	58266
~~as a multiple of the formula amount.~~ The ~~multiples~~amounts for the	58267
following categories of special education programs, as these	58268
programs are defined for purposes of Chapter 3323. of the Revised	58269
Code, ~~and adjusted as provided in this section,~~ are as follows:	58270

(A) ~~A multiple of 0.2906~~An amount of $1,503, in fiscal year	58271
2014, or $1,517, in fiscal year 2015, for ~~students~~each student	58272
whose primary or only identified disability is a speech and	58273
language disability, as this term is defined pursuant to Chapter	58274
3323. of the Revised Code;	58275

(B) ~~A multiple of 0.7374~~An amount of $3,813, in fiscal year	58276
2014, or $3,849, in fiscal year 2015, for ~~students~~each student	58277
identified as specific learning disabled or developmentally	58278
disabled, as these terms are defined pursuant to Chapter 3323. of	58279
the Revised Code, oridentified as having an other health	58280
impairment-minor, or identified as a preschool child who is	58281
developmentally delayed;	58282

(C) ~~A multiple of 1.7716~~An amount of $9,160, in fiscal year	58283
2014, or $9,248, in fiscal year 2015, for ~~students~~each student	58284
identified as hearing disabled or severe behavior disabled, as	58285
these terms are defined pursuant to Chapter 3323. of the Revised	58286
Code;	58287

(D) ~~A multiple of 2.3643~~An amount of $12,225, in fiscal year	58288
2014, or $12,342, in fiscal year 2015, for ~~students~~each student	58289
identified as vision impaired, as this term is defined pursuant to	58290
Chapter 3323. of the Revised Code, or as having an other health	58291
impairment-major;	58292

(E) ~~A multiple of 3.2022~~An amount of $16,557, in fiscal year	58293
2014, or $16,715, in fiscal year 2015, for ~~students~~each student	58294
identified as orthopedically disabled or as having multiple	58295
disabilities, as these terms are defined pursuant to Chapter 3323.	58296
of the Revised Code;	58297

(F) ~~A multiple of 4.7205~~An amount of $24,407, in fiscal year	58298
2014, or $24,641, in fiscal year 2015, for ~~students~~each student	58299
identified as autistic, having traumatic brain injuries, or as	58300
both visually and hearing impaired, as these terms are defined	58301
pursuant to Chapter 3323. of the Revised Code.	58302

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	58303
~~multiples specified in divisions (A) to (F) of this section shall~~	58304
~~be adjusted by multiplying them by 0.90.~~	58305

Sec. 3317.014. The career-technical education additional	58306
amount per pupil for each student enrolled in career-technical	58307
education programs approved by the department of education in	58308
accordance with rules adopted under section 3313.90 of the Revised	58309
Code shall be as follows:	58310

(A) An amount of $4,336, in fiscal year 2014, or $4,408, in	58311
fiscal year 2015, for each student enrolled in career-technical	58312
education workforce development programs in environmental and	58313
agricultural systems, construction technologies, engineering and	58314
science technologies, finance, health science, information	58315
technology, and manufacturing technologies;	58316

(B) An amount of $3,907, in fiscal year 2014, or $3,944, in	58317
fiscal year 2015, for each student enrolled in workforce	58318
development programs in business and administration, hospitality	58319
and tourism, human services, law and public safety, and	58320
transportation systems;	58321

(C) An amount of $2,470, in fiscal year 2014, or $2,494, in	58322
fiscal year 2015, for students enrolled in workforce development	58323
career-based intervention programs;	58324

(D) An amount of $1,781, in fiscal year 2014, or $1,798, in	58325
fiscal year 2015, for students enrolled in workforce development	58326
programs in arts and communications, education and training,	58327
marketing, workforce development academics, and career	58328
development;	58329

(E) An amount of $1,379, in fiscal year 2014, or $1,392, in	58330
fiscal year 2015, for students enrolled in family and consumer	58331
science programs.	58332

The amount for career-technical education associated services	58333
shall be $225, in fiscal year 2014, or $227, in fiscal year 2015.	58334

Sec. 3317.016. The amounts for limited English proficient	58335
students shall be as follows:	58336

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	58337
fiscal year 2015, for each student who has been enrolled in	58338
schools in the United States for 180 school days or less and was	58339
not previously exempted from taking the spring administration of	58340
either of the state's English language arts assessments prescribed	58341
by section 3301.0710 of the Revised Code (reading or writing).	58342

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	58343
fiscal year 2015, for each student who has been enrolled in	58344
schools in the United States for more than 180 school days or was	58345
previously exempted from taking the spring administration of	58346
either of the state's English language arts assessments prescribed	58347
by section 3301.0710 of the Revised Code (reading or writing).	58348

(C) An amount of $750, in fiscal year 2014, and $758, in	58349
fiscal year 2015, for each student who does not qualify for	58350
inclusion under division (A) or (B) of this section and is in a	58351
trial-mainstream period, as defined by the department.	58352

Sec. 3317.017. The department of education shall compute a	58353
school district's state share index as follows:	58354

(A) Calculate the district's valuation index, which equals	58355
the following quotient:	58356

(The district's three-year average valuation / the district's	58357
total ADM) / (the statewide three-year average valuation for	58358
school districts with a total ADM greater than zero / the	58359
statewide total ADM)	58360

(B) Calculate the district's median income index, which	58361
equals the following quotient:	58362

(The district's median Ohio adjusted gross income / the	58363
median of the median Ohio adjusted gross income of all districts	58364
statewide)	58365

58366

(1) If the district's median income index is less than the	58367
district's valuation index, then the district's wealth index shall	58368
be equal to [(1/3 X the district's median income index) + (2/3 X	58369
the district's valuation index)].	58370

(2) If the district's median income index is greater than or	58371
equal to the district's valuation index, then the district's	58372
wealth index shall be equal to the district's valuation index.	58373

(D) Determine the district's state share index as follows:

58374

(1) If the district's wealth index is less than or equal to	58375
0.35, then the district's state share index shall be equal to	58376
0.90.	58377

(2) If the district's wealth index is greater than 0.35 but	58378
less than or equal to 0.90, then the district's state share index	58379
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	58380
0.55]} + 0.50.	58381

(3) If the district's wealth index is greater than 0.90 but	58382
less than 1.8, then the district's state share index shall be	58383
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	58384
0.05.	58385

(4) If the district's wealth index is greater than or equal	58386
to 1.8, then the district's state share index shall be equal to	58387
0.05.	58388

(E)(1) For each school district for which the tax-exempt	58389
value of the district, as certified under division (A)(4) of	58390
section 3317.021 of the Revised Code, equals or exceeds thirty per	58391
cent of the potential value of the district, the department shall	58392
calculate the difference between the district's tax-exempt value	58393
and thirty per cent of the district's potential value. For this	58394
purpose, the "potential value" of a school district is the	58395
three-year average valuation of the district plus the tax-exempt	58396
value of the district.	58397

(2) For each school district to which division (E)(1) of this	58398
section applies, the department shall adjust the three-year	58399
average valuation used in the calculation under division (A) of	58400
this section by subtracting from it the amount calculated under	58401
division (E)(1) of this section.	58402

(F) When performing the calculations required under this	58403
section, the department shall not round to fewer than four decimal	58404
places.	58405

For purposes of these calculations for fiscal years 2014 and	58406
2015, "three-year average valuation" means the average of total	58407
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	58408
means the total ADM for fiscal year 2014; "median Ohio adjusted	58409
gross income" means the median Ohio adjusted gross income for tax	58410
year 2011; and "tax-exempt value" means the tax-exempt value for	58411
fiscal year 2014.	58412

Sec. 3317.02. As used in this chapter:

58413

(A)(1) "Category one career-technical education ADM" means	58414
the average daily membership of students receiving	58415
career-technical education services described in division (A) of	58416
section 3317.014 of the Revised Code and reported under division	58417
(B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code.	58418

(2) "Category two career-technical education ADM" means the	58419
average daily membership of students receiving career-technical	58420
education services described in division (B) of section 3317.014	58421
of the Revised Code and reported under division (B)(12) or	58422
(D)(2)(i) of section 3317.03 of the Revised Code.	58423

(3) "Category three career-technical education ADM" means the	58424
average daily membership of students receiving career-technical	58425
education services described in division (C) of section 3317.014	58426
of the Revised Code and reported under division (B)(13) or	58427
(D)(2)(j) of section 3317.03 of the Revised Code.	58428

(4) "Category four career-technical education ADM" means the	58429
average daily membership of students receiving career-technical	58430
education services described in division (D) of section 3317.014	58431
of the Revised Code and reported under division (B)(14) or	58432
(D)(2)(k) of section 3317.03 of the Revised Code.	58433

(5) "Category five career-technical education ADM" means the	58434
average daily membership of students receiving career-technical	58435
education services described in division (E) of section 3317.014	58436
of the Revised Code and reported under division (B)(15) or	58437
(D)(2)(l) of section 3317.03 of the Revised Code.	58438

(B)(1) "Category one limited English proficient ADM" means	58439
the average daily membership of limited English proficient	58440
students described in division (A) of section 3317.016 of the	58441
Revised Code and reported under division (B)(16) or (D)(2)(m) of	58442
section 3317.03 of the Revised Code.	58443

(2) "Category two limited English proficient ADM" means the	58444
average daily membership of limited English proficient students	58445
described in division (B) of section 3317.016 of the Revised Code	58446
and reported under division (B)(17) or (D)(2)(n) of section	58447
3317.03 of the Revised Code.	58448

(3) "Category three limited English proficient ADM" means the	58449
average daily membership of limited English proficient students	58450
described in division (C) of section 3317.016 of the Revised Code	58451
and reported under division (B)(18) or (D)(2)(o) of section	58452
3317.03 of the Revised Code.	58453

(C)(1) "Category one special education ADM" means the average	58454
daily membership of children with disabilities receiving special	58455
education services for the disability specified in division (A) of	58456
section 3317.013 of the Revised Code and reported under division	58457
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	58458

(2) "Category two special education ADM" means the average	58459
daily membership of children with disabilities receiving special	58460
education services for those disabilities specified in division	58461
(B) of section 3317.013 of the Revised Code and reported under	58462
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	58463
Code.	58464

(3) "Category three special education ADM" means the average	58465
daily membership of students receiving special education services	58466
for those disabilities specified in division (C) of section	58467
3317.013 of the Revised Code, and reported under division (B)(7)	58468
or (D)(2)(d) of section 3317.03 of the Revised Code.	58469

(4) "Category four special education ADM" means the average	58470
daily membership of students receiving special education services	58471
for those disabilities specified in division (D) of section	58472
3317.013 of the Revised Code and reported under division (B)(8) or	58473
(D)(2)(e) of section 3317.03 of the Revised Code.	58474

(5) "Category five special education ADM" means the average	58475
daily membership of students receiving special education services	58476
for the disabilities specified in division (E) of section 3317.013	58477
of the Revised Code and reported under division (B)(9) or	58478
(D)(2)(f) of section 3317.03 of the Revised Code.	58479

(6) "Category six special education ADM" means the average	58480
daily membership of students receiving special education services	58481
for the disabilities specified in division (F) of section 3317.013	58482
of the Revised Code and reported under division (B)(10) or	58483
(D)(2)(g) of section 3317.03 of the Revised Code.	58484

(D) "County DD board" means a county board of developmental	58485
disabilities.	58486

(E) "Economically disadvantaged index for a school district"	58487
means the square of the quotient of that district's percentage of	58488
students in its total ADM who are identified as economically	58489
disadvantaged as defined by the department of education, divided	58490
by the statewide percentage of students identified as economically	58491
disadvantaged.	58492

(F)(1) "Formula ADM" means, for a city, local, or exempted	58493
village school district, the average daily membership described in	58494
division (A) of section 3317.03 of the Revised Code, as verified	58495
by the superintendent of public instruction and adjusted if so	58496
ordered under division (K) of that section, and as further	58497
adjusted by counting only twenty per cent of the number of joint	58498
vocational school district students counted under division (A)(3)	58499
of section 3317.03 of the Revised Code.	58500

(2) "Formula ADM" means, for a joint vocational school	58501
district, the final number verified by the superintendent of	58502
public instruction, based on the number reported pursuant to	58503
division (D) of section 3317.03 of the Revised Code, as adjusted,	58504
if so ordered, under division (K) of that section.	58505

(G) "Formula amount" means $5,745, for fiscal year 2014, and	58506
$5,800, for fiscal year 2015.	58507

(H) "FTE basis" means a count of students based on full-time	58508
equivalency, in accordance with rules adopted by the department of	58509
education pursuant to section 3317.03 of the Revised Code. In	58510
adopting its rules under this division, the department shall	58511
provide for counting any student in category one, two, three,	58512
four, five, or six special education ADM or in category one, two,	58513
three, four, or five career technical education ADM in the same	58514
proportion the student is counted in formula ADM.	58515

(I) "Internet- or computer-based community school" has the	58516
same meaning as in section 3314.02 of the Revised Code.	58517

(J) "Medically fragile child" means a child to whom all of	58518
the following apply:	58519

(1) The child requires the services of a doctor of medicine	58520
or osteopathic medicine at least once a week due to the	58521
instability of the child's medical condition.	58522

(2) The child requires the services of a registered nurse on	58523
a daily basis.	58524

(3) The child is at risk of institutionalization in a	58525
hospital, skilled nursing facility, or intermediate care facility	58526
for individuals with intellectual disabilities.	58527

(K)(1) A child may be identified as having an "other health	58528
impairment-major" if the child's condition meets the definition of	58529
"other health impaired" established in rules previously adopted by	58530
the state board of education and if either of the following apply:	58531

(a) The child is identified as having a medical condition	58532
that is among those listed by the superintendent of public	58533
instruction as conditions where a substantial majority of cases	58534
fall within the definition of "medically fragile child."	58535

(b) The child is determined by the superintendent of public	58536
instruction to be a medically fragile child. A school district	58537
superintendent may petition the superintendent of public	58538
instruction for a determination that a child is a medically	58539
fragile child.	58540

(2) A child may be identified as having an "other health	58541
impairment-minor" if the child's condition meets the definition of	58542
"other health impaired" established in rules previously adopted by	58543
the state board of education but the child's condition does not	58544
meet either of the conditions specified in division (K)(1)(a) or	58545
(b) of this section.	58546

(L) "Preschool child with a disability" means a child with a	58547
disability, as defined in section 3323.01 of the Revised Code, who	58548
is at least age three but is not of compulsory school age, as	58549
defined in section 3321.01 of the Revised Code, and who is not	58550
currently enrolled in kindergarten.	58551

(M) "Preschool scholarship ADM" means the number of preschool	58552
children with disabilities reported under division (B)(3)(h) of	58553
section 3317.03 of the Revised Code.	58554

(N) "Related services" includes:

58555

(1) Child study, special education supervisors and	58556
coordinators, speech and hearing services, adaptive physical	58557
development services, occupational or physical therapy, teacher	58558
assistants for children with disabilities whose disabilities are	58559
described in division (B) of section 3317.013 or division (B)(3)	58560
of this section, behavioral intervention, interpreter services,	58561
work study, nursing services, and specialized integrative services	58562
as those terms are defined by the department;	58563

(2) Speech and language services provided to any student with	58564
a disability, including any student whose primary or only	58565
disability is a speech and language disability;	58566

(3) Any related service not specifically covered by other	58567
state funds but specified in federal law, including but not	58568
limited to, audiology and school psychological services;	58569

(4) Any service included in units funded under former	58570
division (O)(1) of section 3317.024 of the Revised Code;	58571

(5) Any other related service needed by children with	58572
disabilities in accordance with their individualized education	58573
programs.	58574

(O) "School district," unless otherwise specified, means	58575
city, local, and exempted village school districts.	58576

(P) "State education aid" has the same meaning as in section	58577
5751.20 of the Revised Code.	58578

(Q) "State share index" means the state share index	58579
calculated for a district under section 3317.017 of the Revised	58580
Code.	58581

(R) "Taxes charged and payable" means the taxes charged and	58582
payable against real and public utility property after making the	58583
reduction required by section 319.301 of the Revised Code, plus	58584
the taxes levied against tangible personal property.	58585

(S) "Total ADM" means, for a city, local, or exempted village	58586
school district, the average daily membership described in	58587
division (A) of section 3317.03 of the Revised Code, as verified	58588
by the superintendent of public instruction and adjusted if so	58589
ordered under division (K) of that section.	58590

(T) "Total special education ADM" means the sum of categories	58591
one through six special education ADM.	58592

(U) "Total taxable value" means the sum of the amounts	58593
certified for a city, local, exempted village, or joint vocational	58594
school district under divisions (A)(1) and (2) of section 3317.021	58595
of the Revised Code.	58596

Sec. 3317.021. (A) On or before the first day of June of	58597
each year, the tax commissioner shall certify to the department of	58598
education and the office of budget and management the information	58599
described in divisions (A)(1) to ~~(7)~~(5) of this section for each	58600
city, exempted village, and local school district, and the	58601
information required by divisions (A)(1) and (2) of this section	58602
for each joint vocational school district, and it shall be used,	58603
along with the information certified under division (B) of this	58604
section, in making the computations for the district under this	58605
chapter.	58606

(1) The taxable value of real and public utility real	58607
property in the school district subject to taxation in the	58608
preceding tax year, by class and by county of location.	58609

(2) The taxable value of tangible personal property,	58610
including public utility personal property, subject to taxation by	58611
the district for the preceding tax year.	58612

(3)(a) The total property tax rate and total taxes charged	58613
and payable for the current expenses for the preceding tax year	58614
and the total property tax rate and the total taxes charged and	58615
payable to a joint vocational district for the preceding tax year	58616
that are limited to or to the extent apportioned to current	58617
expenses.	58618

(b) The portion of the amount of taxes charged and payable	58619
reported for each city, local, and exempted village school	58620
district under division (A)(3)(a) of this section attributable to	58621
a joint vocational school district.	58622

(4) The value of all real and public utility real property in	58623
the school district exempted from taxation minus both of the	58624
following:	58625

(a) The value of real and public utility real property in the	58626
district owned by the United States government and used	58627
exclusively for a public purpose;	58628

(b) The value of real and public utility real property in the	58629
district exempted from taxation under Chapter 725. or 1728. or	58630
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	58631
5709.73, or 5709.78 of the Revised Code.	58632

(5) The total federal adjusted gross income of the residents	58633
of the school district, based on tax returns filed by the	58634
residents of the district, for the most recent year for which this	58635
information is available, and the median Ohio adjusted gross	58636
income of the residents of the school district determined on the	58637
basis of tax returns filed for the second preceding tax year by	58638
the residents of the district.	58639

~~(6) The sum of the school district compensation value as~~	58640
~~indicated on the list of exempted property for the preceding tax~~	58641
~~year under section 5713.08 of the Revised Code as if such property~~	58642
~~had been assessed for taxation that year and the other~~	58643
~~compensation value for the school district, minus the amounts~~	58644
~~described in divisions (A)(6)(c) to (i) of this section. The~~	58645
~~portion of school district compensation value or other~~	58646
~~compensation value attributable to an incentive district exemption~~	58647
~~may be subtracted only once even if that incentive district~~	58648
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	58649
~~(i) of this section.~~	58650

~~(a) "School district compensation value" means the aggregate~~	58651
~~value of real property in the school district exempted from~~	58652
~~taxation pursuant to an ordinance or resolution adopted under~~	58653
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	58654
~~or division (B) of section 5709.78 of the Revised Code to the~~	58655
~~extent that the exempted value results in the charging of payments~~	58656
~~in lieu of taxes required to be paid to the school district under~~	58657
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	58658
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	58659

~~(b) "Other compensation value" means the quotient that~~	58660
~~results from dividing (i) the dollar value of compensation~~	58661
~~received by the school district during the preceding tax year~~	58662
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	58663
~~Revised Code and the amounts received pursuant to an agreement as~~	58664
~~specified in division (D)(2) of section 5709.40, division (D) of~~	58665
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	58666
~~Code to the extent those amounts were not previously reported or~~	58667
~~included in division (A)(6)(a) of this section, and so that any~~	58668
~~such amount is reported only once under division (A)(6)(b) of this~~	58669
~~section, in relation to exemptions from taxation granted pursuant~~	58670
~~to an ordinance or resolution adopted under division (C) of~~	58671
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	58672
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	58673
~~tax rate in effect for the preceding tax year for~~	58674
~~nonresidential/agricultural real property after making the~~	58675
~~reductions required by section 319.301 of the Revised Code.~~	58676

~~(c) The portion of school district compensation value or~~	58677
~~other compensation value that was exempted from taxation pursuant~~	58678
~~to such an ordinance or resolution for the preceding tax year, if~~	58679
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	58680
~~and the legislative authority or board of township trustees or~~	58681
~~county commissioners, prior to January 1, 2006, executes a~~	58682
~~contract or agreement with a developer, whether for-profit or~~	58683
~~not-for-profit, with respect to the development of a project~~	58684
~~undertaken or to be undertaken and identified in the ordinance or~~	58685
~~resolution, and upon which parcels such project is being, or will~~	58686
~~be, undertaken;~~	58687

~~(d) The portion of school district compensation value that~~	58688
~~was exempted from taxation for the preceding tax year and for~~	58689
~~which payments in lieu of taxes for the preceding tax year were~~	58690
~~provided to the school district under division (D)(1) of section~~	58691
~~5709.40 of the Revised Code.~~	58692

~~(e) The portion of school district compensation value that~~	58693
~~was exempted from taxation for the preceding tax year pursuant to~~	58694
~~such an ordinance or resolution, if and to the extent that, on or~~	58695
~~before April 1, 2006, the fiscal officer of the municipal~~	58696
~~corporation that adopted the ordinance, or of the township or~~	58697
~~county that adopted the resolution, certifies and provides~~	58698
~~appropriate supporting documentation to the tax commissioner and~~	58699
~~the director of development that, based on hold-harmless~~	58700
~~provisions in any agreement between the school district and the~~	58701
~~legislative authority of the municipal corporation, board of~~	58702
~~township trustees, or board of county commissioners that was~~	58703
~~entered into on or before June 1, 2005, the ability or obligation~~	58704
~~of the municipal corporation, township, or county to repay bonds,~~	58705
~~notes, or other financial obligations issued or entered into prior~~	58706
~~to January 1, 2006, will be impaired, including obligations to or~~	58707
~~of any other body corporate and politic with whom the legislative~~	58708
~~authority of the municipal corporation or board of township~~	58709
~~trustees or county commissioners has entered into an agreement~~	58710
~~pertaining to the use of service payments derived from the~~	58711
~~improvements exempted;~~	58712

~~(f) The portion of school district compensation value that~~	58713
~~was exempted from taxation for the preceding tax year pursuant to~~	58714
~~such an ordinance or resolution, if the ordinance or resolution is~~	58715
~~adopted prior to January 1, 2006, in a municipal corporation with~~	58716
~~a population that exceeds one hundred thousand, as shown by the~~	58717
~~most recent federal decennial census, that includes a major~~	58718
~~employment center and that is adjacent to historically distressed~~	58719
~~neighborhoods, if the legislative authority of the municipal~~	58720
~~corporation that exempted the property prepares an economic~~	58721
~~analysis that demonstrates that all taxes generated within the~~	58722
~~incentive district accruing to the state by reason of improvements~~	58723
~~constructed within the district during its existence exceed the~~	58724
~~amount the state pays the school district under section 3317.022~~	58725
~~of the Revised Code attributable to such property exemption from~~	58726
~~the school district's recognized valuation. The analysis shall be~~	58727
~~submitted to and approved by the department of development prior~~	58728
~~to January 1, 2006, and the department shall not unreasonably~~	58729
~~withhold approval.~~	58730

~~(g) The portion of school district compensation value that~~	58731
~~was exempted from taxation for the preceding tax year under such~~	58732
~~an ordinance or resolution, if the ordinance or resolution is~~	58733
~~adopted prior to January 1, 2006, and if service payments have~~	58734
~~been pledged to be used for mixed-use riverfront entertainment~~	58735
~~development in any county with a population that exceeds six~~	58736
~~hundred thousand, as shown by the most recent federal decennial~~	58737
~~census;~~	58738

~~(h) The portion of school district compensation value that~~	58739
~~was exempted from taxation for the preceding tax year under such~~	58740
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	58741
~~legislative authority of a municipal corporation, board of~~	58742
~~township trustees, or board of county commissioners has pledged~~	58743
~~service payments for a designated transportation capacity project~~	58744
~~approved by the transportation review advisory council under~~	58745
~~Chapter 5512. of the Revised Code;~~	58746

~~(i) The portion of school district compensation value that~~	58747
~~was exempted from taxation for the preceding tax year under such~~	58748
~~an ordinance or resolution if the legislative authority of a~~	58749
~~municipal corporation, board of township trustees, or board of~~	58750
~~county commissioners have, by January 1, 2006, pledged proceeds~~	58751
~~for designated transportation improvement projects that involve~~	58752
~~federal funds for which the proceeds are used to meet a local~~	58753
~~share match requirement for such funding.~~	58754

~~As used in division (A)(6) of this section, "project" has the~~	58755
~~same meaning as in section 5709.40 of the Revised Code.~~	58756

~~(7) The aggregate value of real property in the school~~	58757
~~district for which an exemption from taxation is granted by an~~	58758
~~ordinance or resolution adopted on or after January 1, 2006, under~~	58759
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	58760
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	58761
~~Code, as indicated on the list of exempted property for the~~	58762
~~preceding tax year under section 5713.08 of the Revised Code and~~	58763
~~as if such property had been assessed for taxation that year,~~	58764
~~minus the product determined by multiplying (a) the aggregate~~	58765
~~value of the real property in the school district exempted from~~	58766
~~taxation for the preceding tax year under any of the chapters or~~	58767
~~sections specified in this division, by (b) a fraction, the~~	58768
~~numerator of which is the difference between (i) the amount of~~	58769
~~anticipated revenue such school district would have received for~~	58770
~~the preceding tax year if the real property exempted from taxation~~	58771
~~had not been exempted from taxation and (ii) the aggregate amount~~	58772
~~of payments in lieu of taxes on the exempt real property for the~~	58773
~~preceding tax year and other compensation received for the~~	58774
~~preceding tax year by the school district pursuant to any~~	58775
~~agreements entered into on or after January 1, 2006, under section~~	58776
~~5709.82 of the Revised Code between the school district and the~~	58777
~~legislative authority of a political subdivision that acted under~~	58778
~~the authority of a chapter or statute specified in this division,~~	58779
~~that were entered into in relation to such exemption, and the~~	58780
~~denominator of which is the amount of anticipated revenue such~~	58781
~~school district would have received in the preceding fiscal year~~	58782
~~if the real property exempted from taxation had not been exempted.~~	58783

(B) On or before the first day of May each year, the tax	58784
commissioner shall certify to the department of education and the	58785
office of budget and management the total taxable real property	58786
value of railroads and, separately, the total taxable tangible	58787
personal property value of all public utilities for the preceding	58788
tax year, by school district and by county of location.	58789

(C) If a public utility has properly and timely filed a	58790
petition for reassessment under section 5727.47 of the Revised	58791
Code with respect to an assessment issued under section 5727.23 of	58792
the Revised Code affecting taxable property apportioned by the tax	58793
commissioner to a school district, the taxable value of public	58794
utility tangible personal property included in the certification	58795
under divisions (A)(2) and (B) of this section for the school	58796
district shall include only the amount of taxable value on the	58797
basis of which the public utility paid tax for the preceding year	58798
as provided in division (B)(1) or (2) of section 5727.47 of the	58799
Revised Code.	58800

(D) If on the basis of the information certified under	58801
division (A) of this section, the department determines that any	58802
district fails in any year to meet the qualification requirement	58803
specified in division (A) of section 3317.01 of the Revised Code,	58804
the department shall immediately request the tax commissioner to	58805
determine the extent to which any school district income tax	58806
levied by the district under Chapter 5748. of the Revised Code	58807
shall be included in meeting that requirement. Within five days of	58808
receiving such a request from the department, the tax commissioner	58809
shall make the determination required by this division and report	58810
the quotient obtained under division (D)(3) of this section to the	58811
department and the office of budget and management. This quotient	58812
represents the number of mills that the department shall include	58813
in determining whether the district meets the qualification	58814
requirement of division (A) of section 3317.01 of the Revised	58815
Code.	58816

The tax commissioner shall make the determination required by	58817
this division as follows:	58818

(1) Multiply one mill times the total taxable value of the	58819
district as determined in divisions (A)(1) and (2) of this	58820
section;	58821

(2) Estimate the total amount of tax liability for the	58822
current tax year under taxes levied by Chapter 5748. of the	58823
Revised Code that are apportioned to current operating expenses of	58824
the district, excluding any income tax receipts allocated for the	58825
project cost, debt service, or maintenance set-aside associated	58826
with a state-assisted classroom facilities project as authorized	58827
by section 3318.052 of the Revised Code;	58828

(3) Divide the amount estimated under division (D)(2) of this	58829
section by the product obtained under division (D)(1) of this	58830
section.	58831

~~(E)(1) On or before June 1, 2006, and the first day of April~~	58832
~~of each year thereafter, the director of development shall report~~	58833
~~to the department of education, the tax commissioner, and the~~	58834
~~director of budget and management the total amounts of payments~~	58835
~~received by each city, local, exempted village, or joint~~	58836
~~vocational school district for the preceding tax year pursuant to~~	58837
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	58838
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	58839
~~or (D) of section 5709.82 of the Revised Code in relation to~~	58840
~~exemptions from taxation granted pursuant to an ordinance adopted~~	58841
~~by the legislative authority of a municipal corporation under~~	58842
~~division (C) of section 5709.40 of the Revised Code, or a~~	58843
~~resolution adopted by a board of township trustees or board of~~	58844
~~county commissioners under division (C) of section 5709.73 or~~	58845
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	58846
~~On or before April 1, 2006, and the first day of March of each~~	58847
~~year thereafter, the treasurer of each city, local, exempted~~	58848
~~village, or joint vocational school district that has entered into~~	58849
~~such an agreement shall report to the director of development the~~	58850
~~total amounts of such payments the district received for the~~	58851
~~preceding tax year as provided in this section. The state board of~~	58852
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	58853
~~Revised Code, may suspend or revoke the license of a treasurer~~	58854
~~found to have willfully reported erroneous, inaccurate, or~~	58855
~~incomplete data under this division.~~	58856

~~(2) On or before April 1, 2007, and the first day of April of~~	58857
~~each year thereafter, the director of development shall report to~~	58858
~~the department of education, the tax commissioner, and the~~	58859
~~director of budget and management the total amounts of payments~~	58860
~~received by each city, local, exempted village, or joint~~	58861
~~vocational school district for the preceding tax year pursuant to~~	58862
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	58863
~~in relation to exemptions from taxation granted pursuant to~~	58864
~~ordinances or resolutions adopted on or after January 1, 2006,~~	58865
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	58866
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	58867
~~Revised Code. On or before March 1, 2007, and the first day of~~	58868
~~March of each year thereafter, the treasurer of each city, local,~~	58869
~~exempted village, or joint vocational school district that has~~	58870
~~entered into such an agreement shall report to the director of~~	58871
~~development the total amounts of such payments the district~~	58872
~~received for the preceding tax year as provided by this section.~~	58873
~~The state board of education, in accordance with sections 3319.31~~	58874
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	58875
~~license of a treasurer found to have willfully reported erroneous,~~	58876
~~inaccurate, or incomplete data under this division.~~	58877

Sec. 3317.022. (A) The department of education shall compute	58878
and distribute state core foundation funding to each eligible	58879
school district for the fiscal year, using the information	58880
obtained under section 3317.021 of the Revised Code in the	58881
calendar year in which the fiscal year begins, as prescribed in	58882
the following divisions:	58883

(1) An opportunity grant calculated according to the	58884
following formula:	58885

The formula amount X (formula ADM + preschool scholarship	58886
ADM) X the district's state share index	58887

(2) Targeted assistance funds calculated under divisions (A)	58888
and (B) of section 3317.0217 of the Revised Code;	58889

(3) Additional state aid for special education and related	58890
services provided under Chapter 3323. of the Revised Code	58891
calculated as the sum of the following:	58892

(a) The district's category one special education ADM X the	58893
amount specified in division (A) of section 3317.013 of the	58894
Revised Code X the district's state share index;	58895

(b) The district's category two special education ADM X the	58896
amount specified in division (B) of section 3317.013 of the	58897
Revised Code X the district's state share index;	58898

(c) The district's category three special education ADM X the	58899
amount specified in division (C) of section 3317.013 of the	58900
Revised Code X the district's state share index;	58901

(d) The district's category four special education ADM X the	58902
amount specified in division (D) of section 3317.013 of the	58903
Revised Code X the district's state share index;	58904

(e) The district's category five special education ADM X the	58905
amount specified in division (E) of section 3317.013 of the	58906
Revised Code X the district's state share index;	58907

(f) The district's category six special education ADM X the	58908
amount specified in division (F) of section 3317.013 of the	58909
Revised Code X the district's state share index.	58910

(4) Kindergarten through third grade literacy funds	58911
calculated according to the following formula:	58912

[($125, in fiscal year 2014, or $175, in fiscal year 2015) X	58913
formula ADM for grades kindergarten through three X the district's	58914
state share index] + [($100, in fiscal year 2014, or $160, in	58915
fiscal year 2015) X formula ADM for grades kindergarten through	58916
three]	58917

For purposes of this calculation, the department shall	58918
subtract from a district's formula ADM for grades kindergarten	58919
through three the number of students reported under division	58920
(B)(3)(e) of section 3317.03 of the Revised Code as enrolled in an	58921
internet- or computer-based community school who are in grades	58922
kindergarten through three.	58923

(5) Economically disadvantaged funds calculated according to	58924
the following formula:	58925

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	58926
(the district's economically disadvantaged index) X the number of	58927
students who are economically disadvantaged as reported under	58928
division (B)(21) of section 3317.03 of the Revised Code	58929

(6) Limited English proficiency funds calculated as the sum	58930
of the following:	58931

(a) The district's category one limited English proficient	58932
ADM X the amount specified in division (A) of section 3317.016 of	58933
the Revised Code X the district's state share index;	58934

(b) The district's category two limited English proficient	58935
ADM X the amount specified in division (B) of section 3317.016 of	58936
the Revised Code X the district's state share index;	58937

(c) The district's category three limited English proficient	58938
ADM X the amount specified in division (C) of section 3317.016 of	58939
the Revised Code X the district's state share index.	58940

(7)(a) Gifted identification funds calculated according to	58941
the following formula:	58942

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	58943

district's formula ADM	58944

(b) Gifted unit funding calculated under section 3317.051 of	58945
the Revised Code.	58946

(8) Career-technical education funds calculated as the sum of	58947
the following:	58948

(a) The district's category one career-technical education	58949
ADM X the amount specified in division (A) of section 3317.014 of	58950
the Revised Code X the district's state share index;	58951

(b) The district's category two career-technical education	58952
ADM X the amount specified in division (B) of section 3317.014 of	58953
the Revised Code X the district's state share index;	58954

(c) The district's category three career-technical education	58955
ADM X the amount specified in division (C) of section 3317.014 of	58956
the Revised Code X the district's state share index;	58957

(d) The district's category four career-technical education	58958
ADM X the amount specified in division (D) of section 3317.014 of	58959
the Revised Code X the district's state share index;	58960

(e) The district's category five career-technical education	58961
ADM X the amount specified in division (E) of section 3317.014 of	58962
the Revised Code X the district's state share index.	58963

Payment of funds under division (A)(8) of this section is	58964
subject to approval under section 3317.161 of the Revised Code.	58965

(9) Career-technical education associated services funds	58966
calculated according to the following formula:	58967

The district's state share index X the amount for career-technical	58968
education associated services specified in section 3317.014 of the	58969
Revised Code X the sum of categories one through five	58970
career-technical education ADM	58971

(B) In any fiscal year, a school district shall spend for	58972
purposes that the department designates as approved for special	58973
education and related services expenses at least the amount	58974
calculated as follows:	58975

(The formula amount X the total special education ADM) + (the	58976
district's category one special education ADM X the amount	58977
specified in division (A) of section 3317.013 of the Revised Code)	58978
+ (the district's category two special education ADM X the amount	58979
specified in division (B) of section 3317.013 of the Revised Code)	58980
+ (the district's category three special education ADM X the	58981
amount specified in division (C) of section 3317.013 of the	58982
Revised Code) + (the district's category four special education	58983
ADM X the amount specified in division (D) of section 3317.013 of	58984
the Revised Code) + (the district's category five special	58985
education ADM X the amount specified in division (E) of section	58986
3317.013 of the Revised Code) + (the district's category six	58987
special education ADM X the amount specified in division (F) of	58988
section 3317.013 of the Revised Code)	58989

The purposes approved by the department for special education	58990
expenses shall include, but shall not be limited to,	58991
identification of children with disabilities, compliance with	58992
state rules governing the education of children with disabilities	58993
and prescribing the continuum of program options for children with	58994
disabilities, provision of speech language pathology services, and	58995
the portion of the school district's overall administrative and	58996
overhead costs that are attributable to the district's special	58997
education student population.	58998

The scholarships deducted from the school district's account	58999
under sections 3310.41 and 3310.55 of the Revised Code shall be	59000
considered to be an approved special education and related	59001
services expense for the purpose of the school district's	59002
compliance with this division.	59003

(C) In any fiscal year, a school district receiving funds	59004
under division (A)(8) of this section shall spend those funds only	59005
for the purposes that the department designates as approved for	59006
career-technical education expenses. Career-technical educational	59007
expenses approved by the department shall include only expenses	59008
connected to the delivery of career-technical programming to	59009
career-technical students. The department shall require the school	59010
district to report data annually so that the department may	59011
monitor the district's compliance with the requirements regarding	59012
the manner in which funding received under division (A)(8) of this	59013
section may be spent.	59014

(D) In any fiscal year, a school district receiving funds	59015
under division (A)(9) of this section, or through a transfer of	59016
funds pursuant to division (I) of section 3317.023 of the Revised	59017
Code, shall spend those funds only for the purposes that the	59018
department designates as approved for career-technical education	59019
associated services expenses, which may include such purposes as	59020
apprenticeship coordinators, coordinators for other	59021
career-technical education services, career-technical evaluation,	59022
and other purposes designated by the department. The department	59023
may deny payment under division (A)(9) of this section to any	59024
district that the department determines is not operating those	59025
services or is using funds paid under division (A)(9) of this	59026
section, or through a transfer of funds pursuant to division (I)	59027
of section 3317.023 of the Revised Code, for other purposes.	59028

(E) All funds received under division (A)(8) of this section	59029
shall be spent in the following manner:	59030

(1) At least seventy-five per cent of the funds shall be	59031
spent on curriculum development, purchase, and implementation;	59032
instructional resources and supplies; industry-based program	59033
certification; student assessment, credentialing, and placement;	59034
curriculum specific equipment purchases and leases;	59035
career-technical student organization fees and expenses; home and	59036
agency linkages; work-based learning experiences; professional	59037
development; and other costs directly associated with	59038
career-technical education programs including development of new	59039
programs.	59040

(2) Not more than twenty-five per cent of the funds shall be	59041
used for personnel expenditures.	59042

(F) A school district shall spend the funds it receives under	59043
division (A)(5) of this section in accordance with section 3317.25	59044
of the Revised Code.	59045

Sec. 3317.023. (A) The amounts required to be paid to a	59046
district under this chapter shall be adjusted by the amount of the	59047
computations made under divisions (B) to (K) of this section.	59048

As used in this section:

59049

(1) "~~VEPD~~CTPD" means a school district or group of school	59050
districts designated by the department of education as being	59051
responsible for the planning for and provision of ~~vocational~~	59052
career-technical education services to students within the	59053
district or group. A community school established under Chapter	59054
3314. of the Revised Code or a STEM school established under	59055
Chapter 3326. of the Revised Code may be assigned to a	59056
career-technical planning district.	59057

(2) "Lead district" means a school district, including a	59058
joint vocational school district, designated by the department as	59059
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	59060
career-technical education leadership within a ~~VEPD~~CTPD composed	59061
of a group of districts and, if assigned to the CTPD, community	59062
schools and STEM schools.	59063

(B) If a local ~~school district, or a~~, city, or exempted	59064
village school district to which a governing board of an	59065
educational service center provides services pursuant to an	59066
agreement entered into under section 3313.843 of the Revised Code,	59067
deduct the amount of the payment required for the reimbursement of	59068
the governing board under that section ~~3317.11 of the Revised~~	59069
~~Code~~.	59070

(C)(1) If the district is required to pay to or entitled to	59071
receive tuition from another school district under division (C)(2)	59072
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	59073
or if the superintendent of public instruction is required to	59074
determine the correct amount of tuition and make a deduction or	59075
credit under section 3317.08 of the Revised Code, deduct and	59076
credit such amounts as provided in division (J) of section 3313.64	59077
or section 3317.08 of the Revised Code.	59078

(2) For each child for whom the district is responsible for	59079
tuition or payment under division (A)(1) of section 3317.082 or	59080
section 3323.091 of the Revised Code, deduct the amount of tuition	59081
or payment for which the district is responsible.	59082

(D) If the district has been certified by the superintendent	59083
of public instruction under section 3313.90 of the Revised Code as	59084
not in compliance with the requirements of that section, deduct an	59085
amount equal to ten per cent of the amount computed for the	59086
district under this chapter.	59087

(E) If the district has received a loan from a commercial	59088
lending institution for which payments are made by the	59089
superintendent of public instruction pursuant to division (E)(3)	59090
of section 3313.483 of the Revised Code, deduct an amount equal to	59091
such payments.	59092

(F)(1) If the district is a party to an agreement entered	59093
into under division (D), (E), or (F) of section 3311.06 or	59094
division (B) of section 3311.24 of the Revised Code and is	59095
obligated to make payments to another district under such an	59096
agreement, deduct an amount equal to such payments if the district	59097
school board notifies the department in writing that it wishes to	59098
have such payments deducted.	59099

(2) If the district is entitled to receive payments from	59100
another district that has notified the department to deduct such	59101
payments under division (F)(1) of this section, add the amount of	59102
such payments.	59103

(G) If the district is required to pay an amount of funds to	59104
a cooperative education district pursuant to a provision described	59105
by division (B)(4) of section 3311.52 or division (B)(8) of	59106
section 3311.521 of the Revised Code, deduct such amounts as	59107
provided under that provision and credit those amounts to the	59108
cooperative education district for payment to the district under	59109
division (B)(1) of section 3317.19 of the Revised Code.	59110

(H)(1) If a district is educating a student entitled to	59111
attend school in another district pursuant to a shared education	59112
contract, compact, or cooperative education agreement other than	59113
an agreement entered into pursuant to section 3313.842 of the	59114
Revised Code, credit to that educating district on an FTE basis	59115
both of the following:	59116

(a) An amount equal to the formula amount.

59117

(b) AnAny amount ~~equal to $5,732 times the state share~~	59118
~~percentage times any multiple~~ applicable to the student ~~for fiscal~~	59119
~~year 2009~~ pursuant to section 3317.013 ~~or 3317.014~~ of the Revised	59120
Code~~, as those sections existed for that fiscal year~~.	59121

(2) Deduct any amount credited pursuant to division (H)(1) of	59122
this section from amounts paid to the school district in which the	59123
student is entitled to attend school pursuant to section 3313.64	59124
or 3313.65 of the Revised Code.	59125

(3) If the district is required by a shared education	59126
contract, compact, or cooperative education agreement to make	59127
payments to an educational service center, deduct the amounts from	59128
payments to the district and add them to the amounts paid to the	59129
service center pursuant to section 3317.11 of the Revised Code.	59130

(I)(1) If a district, including a joint vocational school	59131
district, is a lead district of a ~~VEPD~~CTPD, credit to that	59132
district the following ~~amounts~~amount calculated for ~~all the~~each	59133
school ~~districts~~district within that ~~VEPD~~CTPD:	59134

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	59135
~~amount computed under division (D)(2) of section 3317.022 of the~~	59136
~~Revised Code;~~	59137

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	59138
~~following:~~	59139

state share ~~percentage~~ index X .05 X ~~$5,732~~ the formula amount X	59140

the sum of categories one	59141

~~and two vocational~~ through five career-technical education ADM	59142

(2) Deduct from each appropriate district that is not a lead	59143
district, the amount attributable to that district that is	59144
credited to a lead district under division (I)(1) of this section.	59145

(J) If the department pays a joint vocational school district	59146
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	59147
for excess costs of providing special education and related	59148
services to a student with a disability, as calculated under	59149
division ~~(G)(2)~~(C)(1) of that section, the department shall	59150
deduct the amount of that payment from the city, local, or	59151
exempted village school district that is responsible as specified	59152
in that section for the excess costs.	59153

(K)(1) If the district reports an amount of excess cost for	59154
special education services for a child under division (C) of	59155
section 3323.14 of the Revised Code, the department shall pay that	59156
amount to the district.	59157

(2) If the district reports an amount of excess cost for	59158
special education services for a child under division (C) of	59159
section 3323.14 of the Revised Code, the department shall deduct	59160
that amount from the district of residence of that child.	59161

Sec. 3317.0212. ~~The department of education shall make no~~	59162
~~payments under this section for fiscal year 2012 or 2013.~~	59163

(A) As used in this section:

59164

(1) ~~"Assigned bus" means a school bus used to transport~~	59165
~~qualifying riders.~~	59166

~~(2) "Nontraditional ridership" means the average number of~~	59167
~~qualifying riders who are enrolled in a community school~~	59168
~~established under Chapter 3314. of the Revised Code, in a STEM~~	59169
~~school established under Chapter 3326. of the Revised Code, or in~~	59170
~~a nonpublic school and are provided school bus service by a school~~	59171
~~district during the first full week of October.~~	59172

~~(3)~~ "Qualifying riders" means resident students enrolled in	59173
regular education in grades kindergarten to twelve who are	59174
provided school bus service by a school district and who live more	59175
than one mile from the school they attend, including students with	59176
dual enrollment in a joint vocational school district or a	59177
cooperative education school district, and students enrolled in a	59178
community school, STEM school, or nonpublic school.	59179

~~(4)~~(2) "Qualifying ridership" means the average number of	59180
qualifying riders who are provided school bus service by a school	59181
district during the first full week of October.	59182

~~(5)~~(3) "Rider density" means the ~~number of qualifying riders~~	59183
total ADM per square mile of a school district.	59184

~~(6)~~(4) "School bus service" means a school district's	59185
transportation of qualifying riders in any of the following types	59186
of vehicles:	59187

(a) School buses owned or leased by the district;

59188

(b) School buses operated by a private contractor hired by	59189
the district;	59190

(c) School buses operated by another school district or	59191
entity with which the district has contracted, either as part of a	59192
consortium for the provision of transportation or otherwise.	59193

(B) Not later than the fifteenth day of October each year,	59194
each city, local, and exempted village school district shall	59195
report to the department of education its qualifying ridership,	59196
~~nontraditional ridership, number of qualifying riders per assigned~~	59197
~~bus,~~ and any other information requested by the department.	59198
Subsequent adjustments to the reported numbers shall be made only	59199
in accordance with rules adopted by the department.	59200

(C) The department shall calculate the statewide	59201
transportation cost per student as follows:	59202

(1) Determine each city, local, and exempted village school	59203
district's transportation cost per student by dividing the	59204
district's total costs for school bus service in the previous	59205
fiscal year by its qualifying ridership in the previous fiscal	59206
year.	59207

(2) After excluding districts that do not provide school bus	59208
service and the ten districts with the highest transportation	59209
costs per student and the ten districts with the lowest	59210
transportation costs per student, divide the aggregate cost for	59211
school bus service for the remaining districts in the previous	59212
fiscal year by the aggregate qualifying ridership of those	59213
districts in the previous fiscal year.	59214

(D) The department shall calculate the statewide	59215
transportation cost per mile as follows:	59216

(1) Determine each city, local, and exempted village school	59217
district's transportation cost per mile by dividing the district's	59218
total costs for school bus service in the previous fiscal year by	59219
its total number of miles driven for school bus service in the	59220
previous fiscal year.	59221

(2) After excluding districts that do not provide school bus	59222
service and the ten districts with the highest transportation	59223
costs per mile and the ten districts with the lowest	59224
transportation costs per mile, divide the aggregate cost for	59225
school bus service for the remaining districts in the previous	59226
fiscal year by the aggregate miles driven for school bus service	59227
in those districts in the previous fiscal year.	59228

(E) The department shall calculate each city, local, and	59229
exempted village school district's transportation ~~base~~ payment as	59230
follows:	59231

(1) Multiply the statewide transportation cost per student by	59232
the district's qualifying ridership for the current fiscal year.	59233

(2) Multiply the statewide transportation cost per mile by	59234
the district's total number of miles driven for school bus service	59235
in the current fiscal year.	59236

(3) Multiply the greater of the amounts calculated under	59237
divisions (E)(1) and (2) of this section by the greater of sixty	59238
per cent or the district's state share ~~percentage~~index, as	59239
defined in section 3317.02 of the Revised Code.	59240

(F) ~~The department shall calculate each city, local, and~~	59241
~~exempted village school district's nontraditional ridership~~	59242
~~adjustment according to the following formula:~~	59243

~~(nontraditional ridership for the current fiscal year /~~	59244

~~qualifying ridership for the current fiscal year) X 0.1 X~~	59245

~~transportation base payment~~	59246

~~(G) If a city, local, or exempted village school district~~	59247
~~offers school bus service to all resident students who are~~	59248
~~enrolled in regular education in district schools in grades nine~~	59249
~~to twelve and who live more than one mile from the school they~~	59250
~~attend, the department shall calculate the district's high school~~	59251
~~ridership adjustment according to the following formula:~~	59252

~~0.025 X transportation base payment~~	59253

~~(H) If a city, local, or exempted village school district~~	59254
~~offers school bus service to students enrolled in grades~~	59255
~~kindergarten to eight who live more than one mile, but two miles~~	59256
~~or less, from the school they attend, the department shall~~	59257
~~calculate an additional adjustment according to the following~~	59258
~~formula:~~	59259

~~0.025 X transportation base payment~~	59260

~~(I)(1) The department annually shall establish a target~~	59261
~~number of qualifying riders per assigned bus for each city, local,~~	59262
~~and exempted village school district. The department shall use the~~	59263
~~most recently available data in establishing the target number.~~	59264
~~The target number shall be based on the statewide median number of~~	59265
~~qualifying riders per assigned bus as adjusted to reflect the~~	59266
~~district's rider density in comparison to the rider density of all~~	59267
~~other districts. The department shall post on the department's web~~	59268
~~site each district's target number of qualifying riders per~~	59269
~~assigned bus and a description of how the target number was~~	59270
~~determined.~~	59271

~~(2) The department shall determine each school district's~~	59272
~~efficiency index by dividing the district's median number of~~	59273
~~qualifying riders per assigned bus by its target number of~~	59274
~~qualifying riders per assigned bus.~~	59275

~~(3) The department shall determine each city, local, and~~	59276
~~exempted village school district's efficiency adjustment as~~	59277
~~follows:~~	59278

~~(a) If the district's efficiency index is equal to or greater~~	59279
~~than 1.5, the efficiency adjustment shall be calculated according~~	59280
~~to the following formula:~~	59281

~~0.1 X transportation base payment~~	59282

~~(b) If the district's efficiency index is less than 1.5 but~~	59283
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	59284
~~calculated according to the following formula:~~	59285

~~[(efficiency index – 1) / 5] X transportation base payment~~	59286

~~(c) If the district's efficiency index is less than 1.0, the~~	59287
~~efficiency adjustment shall be zero.~~	59288

~~(J) The department shall pay each city, local, and exempted~~	59289
~~village school district the lesser of the following:~~	59290

~~(1) The sum of the amounts calculated under divisions (E) to~~	59291
~~(H) and (I)(3) of this section;~~	59292

~~(2) The district's total costs for school bus service for the~~	59293
~~prior fiscal year.~~	59294

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	59295
section, each city, local, and exempted village district shall	59296
receive in accordance with rules adopted by the state board of	59297
education a payment for students transported by means other than	59298
school bus service and whose transportation is not funded under	59299
division (C) of section 3317.024 of the Revised Code. The rules	59300
shall include provisions for school district reporting of such	59301
students.	59302

(G)(1) In fiscal years 2014 and 2015, the department shall	59303
pay each district a pro rata portion of the amounts calculated	59304
under division (E) of this section and described in division (F)	59305
of this section, based on state appropriations.	59306

(2) In addition to the prorated payment under division (G)(1)	59307
of this section, in fiscal years 2014 and 2015, the department	59308
shall pay each school district that meets the conditions	59309
prescribed in division (G)(3) of this section an additional amount	59310
equal to the difference of (a) the amounts calculated under	59311
division (E) of this section and prescribed in division (F) of	59312
this section minus (b) that prorated payment.	59313

(3) Division (G)(2) of this section applies to each school	59314
district that meets all of the following conditions:	59315

(a) The district qualifies for the calculation of a payment	59316
under division (E) of this section because it transports students	59317
on board-owned or contractor-owned school buses.	59318

(b) The district's state share index is greater than or equal	59319
to 0.50.	59320

(c) The district's rider density is at or below the median	59321
rider density of all districts that qualify for calculation of a	59322
payment under division (E) of this section.	59323

(H) Each city, local, and exempted village school district	59324
shall report all data used to calculate funding for transportation	59325
under this section through the education management information	59326
system pursuant to section 3301.0714 of the Revised Code.	59327

Sec. 3317.0213. (A) The department of education shall compute	59328
and pay in accordance with this section additional state aid for	59329
preschool special education children to each city, local, and	59330
exempted village school district and to each institution, as	59331
defined in section 3323.091 of the Revised Code. Funding shall be	59332
provided for children who are not enrolled in kindergarten and who	59333
are under age six on the thirtieth day of September of the	59334
academic year, or on the first day of August of the academic year	59335
if the school district in which the child is enrolled has adopted	59336
a resolution under division (A)(3) of section 3321.01 of the	59337
Revised Code, but not less than age three on the first day of	59338
December of the academic year.	59339

The additional state aid shall be calculated under the	59340
following formula:	59341

($4,000 X the number of preschool special education children)	59342
+ the sum of the following:	59343

(1) The district's or institution's category one special	59344
education preschool students X the amount specified in division	59345
(A) of section 3317.013 of the Revised Code X the district's state	59346
share index X 0.50;	59347

(2) The district's or institution's category two special	59348
education preschool students X the amount specified in division	59349
(B) of section 3317.013 of the Revised Code X the district's state	59350
share index X 0.50;	59351

(3) The district's or institution's category three special	59352
education preschool students X the amount specified in division	59353
(C) of section 3317.013 of the Revised Code X the district's state	59354
share index X 0.50;	59355

(4) The district's or institution's category four special	59356
education preschool students X the amount specified in division	59357
(D) of section 3317.013 of the Revised Code X the district's state	59358
share index X 0.50;	59359

(5) The district's or institution's category five special	59360
education preschool students X the amount specified in division	59361
(E) of section 3317.013 of the Revised Code X the district's state	59362
share index X 0.50;	59363

(6) The district's or institution's category six special	59364
education preschool students X the amount specified in division	59365
(F) of section 3317.013 of the Revised Code X the district's state	59366
share index X 0.50.	59367

The special education disability categories for preschool	59368
children used in this section are the same categories prescribed	59369
in section 3317.013 of the Revised Code.	59370

As used in division (A) of this section, the state share	59371
index of a student enrolled in an institution is the state share	59372
index of the school district in which the student is entitled to	59373
attend school under section 3313.64 or 3313.65 of the Revised	59374
Code.	59375

(B) If an educational service center is providing services to	59376
preschool special education students under agreement with the	59377
city, local, or exempted village school district in which the	59378
students are entitled to attend school, that district may	59379
authorize the department to transfer funds computed under this	59380
section to the service center providing those services.	59381

(C) If a county DD board is providing services to preschool	59382
special education students under agreement with the city, local,	59383
or exempted village school district in which the students are	59384
entitled to attend school, the department shall deduct from the	59385
district's payment computed under division (A) of this section the	59386
total amount of those funds that are attributable to the students	59387
served by the county DD board and pay that amount to that board.	59388

Sec. 3317.0214. (A) The department shall compute and pay in	59389
accordance with this section additional state aid to school	59390
districts for students in categories two through six special	59391
education ADM. If a district's costs for the fiscal year for a	59392
student in its categories two through six special education ADM	59393
exceed the threshold catastrophic cost for serving the student,	59394
the district may submit to the superintendent of public	59395
instruction documentation, as prescribed by the superintendent, of	59396
all its costs for that student. Upon submission of documentation	59397
for a student of the type and in the manner prescribed, the	59398
department shall pay to the district an amount equal to the sum of	59399
the following:	59400

(1) One-half of the district's costs for the student in	59401
excess of the threshold catastrophic cost;	59402

(2) The product of one-half of the district's costs for the	59403
student in excess of the threshold catastrophic cost multiplied by	59404
the district's state share index.	59405

(B) For purposes of division (A) of this section, the	59406
threshold catastrophic cost for serving a student equals:	59407

(1) For a student in the school district's category two,	59408
three, four, or five special education ADM, twenty-seven thousand	59409
three hundred seventy-five dollars;	59410

(2) For a student in the district's category six special	59411
education ADM, thirty-two thousand eight hundred fifty dollars.	59412

(C) The district shall report under division (A) of this	59413
section, and the department shall pay for, only the costs of	59414
educational expenses and the related services provided to the	59415
student in accordance with the student's individualized education	59416
program. Any legal fees, court costs, or other costs associated	59417
with any cause of action relating to the student may not be	59418
included in the amount.	59419

Sec. 3317.0217. Payment of the amount calculated for a school	59420
district under this section shall be made under division (A) of	59421
section 3317.022 of the Revised Code.	59422

(A) The department of education shall annually compute	59423
targeted assistance funds to school districts, as follows:	59424

(1) Calculate the local wealth per pupil of each school	59425
district, which equals the following sum:	59426

(a) One-half times the quotient of (i) the district's	59427
three-year average valuation divided by (ii) its formula ADM; plus	59428

(b) One-half times the quotient of (i) the average of the	59429
total federal adjusted gross income of the school district's	59430
residents for the three years most recently reported under section	59431
3317.021 of the Revised Code divided by (ii) its formula ADM.	59432

(2) Rank all school districts in order of local wealth per	59433
pupil, from the district with the lowest local wealth per pupil to	59434
the district with the highest local wealth per pupil.	59435

(3) Compute the statewide wealth per pupil, which equals the	59436
following sum:	59437

(a) One-half times the quotient of (i) the sum of the	59438
three-year average valuations for all school districts divided by	59439
(ii) the sum of formula ADM counts for all schools districts; plus	59440

(b) One-half times the quotient of (i) the sum of the	59441
three-year average total federal adjusted gross incomes for all	59442
school districts divided by (ii) the sum of formula ADM counts for	59443
all school districts.	59444

(4) Compute each district's wealth index by dividing the	59445
statewide wealth per pupil by the district's local wealth per	59446
pupil.	59447

(5) Compute the per pupil targeted assistance for each	59448
eligible school district in accordance with the following formula:	59449

(Threshold local wealth per pupil - the district's local wealth	59450
per pupil)	59451

X target millage X the district's wealth index	59452

Where:

59453

(a) An "eligible school district" means a school district	59454
with a local wealth per pupil less than that of the school	59455
district with the 490th lowest local wealth per pupil.	59456

(b) "Threshold local wealth per pupil" means the local wealth	59457
per pupil of the school district with the 490th lowest local	59458
wealth per pupil.	59459

59460

If the result of the calculation for a school district under	59461
division (A)(5) of this section is less than zero, the district's	59462
targeted assistance shall be zero.	59463

(6) Calculate the aggregate amount to be paid as targeted	59464
assistance funds to each school district under division (A) of	59465
section 3317.022 of the Revised Code by multiplying the per pupil	59466
targeted assistance computed under division (A)(5) of this section	59467
by the district's net formula ADM.	59468

As used in this division, a district's "net formula ADM"	59469
means its formula ADM minus the number of community school	59470
students reported under division (B)(3)(d) of section 3317.03 of	59471
the Revised Code X 0.75, the number of internet- and	59472
computer-based community school students reported under division	59473
(B)(3)(e) of that section, and the number of scholarship students	59474
reported under divisions (B)(3)(f), (g), and (l) of that section.	59475

(B) The department shall annually compute supplemental	59476
targeted assistance funds to school districts, as follows:	59477

(1) Compute each district's agricultural percentage as the	59478
quotient of (a) the three-year average tax valuation of real	59479
property in the district that is classified as agricultural	59480
property divided by (b) the three-year average tax valuation of	59481
all of the real property in the district. For purposes of this	59482
computation, a district's "three-year average tax valuation" means	59483
the average of a district's tax valuation for fiscal years 2012,	59484
2013, and 2014.	59485

(2) Determine each district's agricultural targeted	59486
percentage as follows:	59487

(a) If a district's agricultural percentage is greater than	59488
or equal to 0.10, then the district's agricultural targeted	59489
percentage shall be equal to 0.40.	59490

(b) If a district's agricultural percentage is less than	59491
0.10, then the district's agricultural targeted percentage shall	59492
be equal to 4 X the district's agricultural percentage.	59493

(3) Calculate the aggregate amount to be paid as supplemental	59494
targeted assistance funds to each school district under division	59495
(A) of section 3317.022 of the Revised Code by multiplying the	59496
district's agricultural targeted percentage by the amount	59497
calculated for the district under division (A)(6) of this section.	59498

Sec. 3317.03. (A) The superintendent of each city, local,	59499
and exempted village school district ~~and of each educational~~	59500
~~service center~~ shall~~, for the schools under the superintendent's~~	59501
~~supervision,~~ certify to the state board of education on or before	59502
the fifteenth day of October in each year for the first full	59503
school week in October, and on or before the fifteenth day of	59504
February in each year for the first full school week in February,	59505
the average daily membership of students receiving services from	59506
schools under the superintendent's supervision, and the numbers of	59507
other students entitled to attend school in the district under	59508
section 3313.64 or 3313.65 of the Revised Code the superintendent	59509
is required to report under this section, so that the department	59510
of education can calculate the district's formula ADM. If a school	59511
under the superintendent's supervision is closed for one or more	59512
days during ~~that~~a week for which the average daily membership	59513
must be certified due to hazardous weather conditions or other	59514
circumstances described in ~~the first paragraph of~~ division	59515
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	59516
superintendent may apply to the superintendent of public	59517
instruction for a waiver, under which the superintendent of public	59518
instruction may exempt the district superintendent from certifying	59519
the average daily membership for that school for that week and	59520
specify an alternate week in the same month for certifying the	59521
average daily membership of that school.	59522

The average daily membership during ~~such~~a week shall consist	59523
of the sum of the following:	59524

(1) On an FTE basis, the number of students in grades	59525
kindergarten through twelve receiving any educational services	59526
from the district, except that the following categories of	59527
students shall not be included in the determination:	59528

(a) Students enrolled in adult education classes;

59529

(b) Adjacent or other district students enrolled in the	59530
district under an open enrollment policy pursuant to section	59531
3313.98 of the Revised Code;	59532

(c) Students receiving services in the district pursuant to a	59533
compact, cooperative education agreement, or a contract, but who	59534
are entitled to attend school in another district pursuant to	59535
section 3313.64 or 3313.65 of the Revised Code;	59536

(d) Students for whom tuition is payable pursuant to sections	59537
3317.081 and 3323.141 of the Revised Code;	59538

(e) Students receiving services in the district through a	59539
scholarship awarded under either section 3310.41 or sections	59540
3310.51 to 3310.64 of the Revised Code.	59541

(2) On an FTE basis, the number of students entitled to	59542
attend school in the district pursuant to section 3313.64 or	59543
3313.65 of the Revised Code, but receiving educational services in	59544
grades kindergarten through twelve from one or more of the	59545
following entities:	59546

(a) A community school pursuant to Chapter 3314. of the	59547
Revised Code, including any participation in a college pursuant to	59548
Chapter 3365. of the Revised Code while enrolled in such community	59549
school;	59550

(b) An alternative school pursuant to sections 3313.974 to	59551
3313.979 of the Revised Code as described in division (I)(2)(a) or	59552
(b) of this section;	59553

(c) A college pursuant to Chapter 3365. of the Revised Code,	59554
except when the student is enrolled in the college while also	59555
enrolled in a community school pursuant to Chapter 3314. or a	59556
science, technology, engineering, and mathematics school	59557
established under Chapter 3326. of the Revised Code;	59558

(d) An adjacent or other school district under an open	59559
enrollment policy adopted pursuant to section 3313.98 of the	59560
Revised Code;	59561

(e) An educational service center or cooperative education	59562
district;	59563

(f) Another school district under a cooperative education	59564
agreement, compact, or contract;	59565

(g) A chartered nonpublic school with a scholarship paid	59566
under section 3310.08 of the Revised Code, if the students	59567
qualified for the scholarship under section 3310.03 of the Revised	59568
Code;	59569

(h) An alternative public provider or a registered private	59570
provider with a scholarship awarded under either section 3310.41	59571
or sections 3310.51 to 3310.64 of the Revised Code.	59572

As used in this section, "alternative public provider" and	59573
"registered private provider" have the same meanings as in section	59574
3310.41 or 3310.51 of the Revised Code, as applicable.	59575

(i) A science, technology, engineering, and mathematics	59576
school established under Chapter 3326. of the Revised Code,	59577
including any participation in a college pursuant to Chapter 3365.	59578
of the Revised Code while enrolled in the school;	59579

(j) A college-preparatory boarding school established under	59580
Chapter 3328. of the Revised Code.	59581

(3) The number of students enrolled in a joint vocational	59582
school district or under a ~~vocational~~career-technical education	59583
compact, excluding any students entitled to attend school in the	59584
district under section 3313.64 or 3313.65 of the Revised Code who	59585
are enrolled in another school district through an open enrollment	59586
policy as reported under division (A)(2)(d) of this section and	59587
then enroll in a joint vocational school district or under a	59588
~~vocational~~career-technical education compact;	59589

~~(4) The number of children with disabilities, other than~~	59590
~~preschool children with disabilities, entitled to attend school in~~	59591
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	59592
~~Code who are placed by the district with a county DD board, minus~~	59593
~~the number of such children placed with a county DD board in~~	59594
~~fiscal year 1998. If this calculation produces a negative number,~~	59595
~~the number reported under division (A)(4) of this section shall be~~	59596
~~zero~~.	59597

(B) To enable the department of education to obtain the data	59598
needed to complete the calculation of payments pursuant to this	59599
chapter, in addition to the average daily membership, each	59600
superintendent shall report separately the following student	59601
counts for the same ~~week~~weeks for which average daily membership	59602
is certified:	59603

(1) The total average daily membership in regular learning	59604
day classes included in the report under division (A)(1) or (2) of	59605
this section for each of the individual grades kindergarten	59606
through twelve in schools under the superintendent's supervision;	59607

(2) The number of all preschool children with disabilities	59608
enrolled as of the first day of December in classes in the	59609
district ~~that are~~for whom the district is eligible ~~for approval~~	59610
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	59611
of the Revised Code and the number of those classes, which shall	59612
be reported not later than the fifteenth day of December, in	59613
accordance with ~~rules adopted under that~~the disability categories	59614
prescribed in section 3317.013 of the Revised Code;	59615

(3) The number of children entitled to attend school in the	59616
district pursuant to section 3313.64 or 3313.65 of the Revised	59617
Code who are:	59618

(a) Participating in a pilot project scholarship program	59619
established under sections 3313.974 to 3313.979 of the Revised	59620
Code as described in division (I)(2)(a) or (b) of this section;	59621

(b) Enrolled in a college under Chapter 3365. of the Revised	59622
Code, except when the student is enrolled in the college while	59623
also enrolled in a community school pursuant to Chapter 3314. or a	59624
science, technology, engineering, and mathematics school	59625
established under Chapter 3326. of the Revised Code;	59626

(c) Enrolled in an adjacent or other school district under	59627
section 3313.98 of the Revised Code;	59628

(d) Enrolled in a community school established under Chapter	59629
3314. of the Revised Code that is not an internet- or	59630
computer-based community school as defined in section 3314.02 of	59631
the Revised Code, including any participation in a college	59632
pursuant to Chapter 3365. of the Revised Code while enrolled in	59633
such community school;	59634

(e) Enrolled in an internet- or computer-based community	59635
school, as defined in section 3314.02 of the Revised Code,	59636
including any participation in a college pursuant to Chapter 3365.	59637
of the Revised Code while enrolled in the school;	59638

(f) Enrolled in a chartered nonpublic school with a	59639
scholarship paid under section 3310.08 of the Revised Code and who	59640
qualified for the scholarship under section 3310.03 of the Revised	59641
Code;	59642

(g) Enrolled in kindergarten through grade twelve in an	59643
alternative public provider or a registered private provider with	59644
a scholarship awarded under section 3310.41 of the Revised Code;	59645

(h) Enrolled as a preschool child with a disability in an	59646
alternative public provider or a registered private provider with	59647
a scholarship awarded under section 3310.41 of the Revised Code;	59648

(i) Participating in a program operated by a county DD board	59649
or a state institution;	59650

(j) Enrolled in a science, technology, engineering, and	59651
mathematics school established under Chapter 3326. of the Revised	59652
Code, including any participation in a college pursuant to Chapter	59653
3365. of the Revised Code while enrolled in the school;	59654

(k) Enrolled in a college-preparatory boarding school	59655
established under Chapter 3328. of the Revised Code;	59656

(l) Enrolled in an alternative public provider or a	59657
registered private provider with a scholarship awarded under	59658
sections 3310.51 to 3310.64 of the Revised Code.	59659

(4) The number of pupils enrolled in joint vocational	59660
schools;	59661

(5) The combined average daily membership of children with	59662
disabilities reported under division (A)(1) or (2) of this section	59663
receiving special education services for the category one	59664
disability described in division (A) of section 3317.013 of the	59665
Revised Code, including children attending a special education	59666
program operated by an alternative public provider or a registered	59667
private provider with a scholarship awarded under sections 3310.51	59668
to 3310.64 of the Revised Code;	59669

(6) The combined average daily membership of children with	59670
disabilities reported under division (A)(1) or (2) of this section	59671
receiving special education services for category two disabilities	59672
described in division (B) of section 3317.013 of the Revised Code,	59673
including children attending a special education program operated	59674
by an alternative public provider or a registered private provider	59675
with a scholarship awarded under sections 3310.51 to 3310.64 of	59676
the Revised Code;	59677

(7) The combined average daily membership of children with	59678
disabilities reported under division (A)(1) or (2) of this section	59679
receiving special education services for category three	59680
disabilities described in division (C) of section 3317.013 of the	59681
Revised Code, including children attending a special education	59682
program operated by an alternative public provider or a registered	59683
private provider with a scholarship awarded under sections 3310.51	59684
to 3310.64 of the Revised Code;	59685

(8) The combined average daily membership of children with	59686
disabilities reported under division (A)(1) or (2) of this section	59687
receiving special education services for category four	59688
disabilities described in division (D) of section 3317.013 of the	59689
Revised Code, including children attending a special education	59690
program operated by an alternative public provider or a registered	59691
private provider with a scholarship awarded under sections 3310.51	59692
to 3310.64 of the Revised Code;	59693

(9) The combined average daily membership of children with	59694
disabilities reported under division (A)(1) or (2) of this section	59695
receiving special education services for the category five	59696
disabilities described in division (E) of section 3317.013 of the	59697
Revised Code, including children attending a special education	59698
program operated by an alternative public provider or a registered	59699
private provider with a scholarship awarded under sections 3310.51	59700
to 3310.64 of the Revised Code;	59701

(10) The combined average daily membership of children with	59702
disabilities reported under division (A)(1) or (2) and under	59703
division (B)(3)(h) of this section receiving special education	59704
services for category six disabilities described in division (F)	59705
of section 3317.013 of the Revised Code, including children	59706
attending a special education program operated by an alternative	59707
public provider or a registered private provider with a	59708
scholarship awarded under either section 3310.41 or sections	59709
3310.51 to 3310.64 of the Revised Code;	59710

(11) The average daily membership of pupils reported under	59711
division (A)(1) or (2) of this section enrolled in category one	59712
~~vocational~~career-technical education programs or classes,	59713
described in division (A) of section 3317.014 of the Revised Code,	59714
operated by the school district or by another district that is a	59715
member of the district's career-technical planning district, other	59716
than a joint vocational school district, or by an educational	59717
service center, ~~excluding any student reported under division~~	59718
~~(B)(3)(e) of this section as enrolled in an internet- or~~	59719
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	59720
of section 3317.02 of the Revised Code and division (C)(3) of this	59721
section;	59722

(12) The average daily membership of pupils reported under	59723
division (A)(1) or (2) of this section enrolled in category two	59724
~~vocational~~career-technical education programs or services,	59725
described in division (B) of section 3317.014 of the Revised Code,	59726
operated by the school district or another school district that is	59727
a member of the district's career-technical planning district,	59728
other than a joint vocational school district, or by an	59729
educational service center, ~~excluding any student reported under~~	59730
~~division (B)(3)(e) of this section as enrolled in an internet- or~~	59731
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	59732
of section 3317.02 of the Revised Code and division (C)(3) of this	59733
section;	59734

~~Beginning with fiscal year 2010, vocational education ADM~~	59735
~~shall not be used to calculate a district's funding but shall be~~	59736
~~reported under divisions (B)(11) and (12) of this section for~~	59737
~~statistical purposes.~~	59738

(13) The average daily membership of pupils reported under	59739
division (A)(1) or (2) of this section enrolled in category three	59740
career-technical education programs or services, described in	59741
division (C) of section 3317.014 of the Revised Code, operated by	59742
the school district or another school district that is a member of	59743
the district's career-technical planning district, other than a	59744
joint vocational school district, or by an educational service	59745
center, notwithstanding division (H) of section 3317.02 of the	59746
Revised Code and division (C)(3) of this section;	59747

(14) The average daily membership of pupils reported under	59748
division (A)(1) or (2) of this section enrolled in category four	59749
career-technical education programs or services, described in	59750
division (D) of section 3317.014 of the Revised Code, operated by	59751
the school district or another school district that is a member of	59752
the district's career-technical planning district, other than a	59753
joint vocational school district, or by an educational service	59754
center, notwithstanding division (H) of section 3317.02 of the	59755
Revised Code and division (C)(3) of this section;	59756

(15) The average daily membership of pupils reported under	59757
division (A)(1) or (2) of this section enrolled in category five	59758
career-technical education programs or services, described in	59759
division (E) of section 3317.014 of the Revised Code, operated by	59760
the school district or another school district that is a member of	59761
the district's career-technical planning district, other than a	59762
joint vocational school district, or by an educational service	59763
center, notwithstanding division (H) of section 3317.02 of the	59764
Revised Code and division (C)(3) of this section;	59765

(16) The average daily membership of pupils reported under	59766
division (A)(1) or (2) of this section who are limited English	59767
proficient students described in division (A) of section 3317.016	59768
of the Revised Code, excluding any student reported under division	59769
(B)(3)(e) of this section as enrolled in an internet- or	59770
computer-based community school;	59771

(17) The average daily membership of pupils reported under	59772
division (A)(1) or (2) of this section who are limited English	59773
proficient students described in division (B) of section 3317.016	59774
of the Revised Code, excluding any student reported under division	59775
(B)(3)(e) of this section as enrolled in an internet- or	59776
computer-based community school;	59777

(18) The average daily membership of pupils reported under	59778
division (A)(1) or (2) of this section who are limited English	59779
proficient students described in division (C) of section 3317.016	59780
of the Revised Code, excluding any student reported under division	59781
(B)(3)(e) of this section as enrolled in an internet- or	59782
computer-based community school;	59783

(19) The average number of children transported by the school	59784
district on board-owned or contractor-owned and -operated buses,	59785
reported in accordance with rules adopted by the department of	59786
education;	59787

~~(14)~~(20)(a) The number of children, other than preschool	59788
children with disabilities, the district placed with a county DD	59789
board in fiscal year 1998;. Division (B)(20)(a) of this section	59790
does not apply after fiscal year 2013.	59791

(b) The number of children with disabilities, other than	59792
preschool children with disabilities, placed with a county DD	59793
board in the current fiscal year to receive special education	59794
services for the category one disability described in division (A)	59795
of section 3317.013 of the Revised Code;	59796

(c) The number of children with disabilities, other than	59797
preschool children with disabilities, placed with a county DD	59798
board in the current fiscal year to receive special education	59799
services for category two disabilities described in division (B)	59800
of section 3317.013 of the Revised Code;	59801

(d) The number of children with disabilities, other than	59802
preschool children with disabilities, placed with a county DD	59803
board in the current fiscal year to receive special education	59804
services for category three disabilities described in division (C)	59805
of section 3317.013 of the Revised Code;	59806

(e) The number of children with disabilities, other than	59807
preschool children with disabilities, placed with a county DD	59808
board in the current fiscal year to receive special education	59809
services for category four disabilities described in division (D)	59810
of section 3317.013 of the Revised Code;	59811

(f) The number of children with disabilities, other than	59812
preschool children with disabilities, placed with a county DD	59813
board in the current fiscal year to receive special education	59814
services for the category five disabilities described in division	59815
(E) of section 3317.013 of the Revised Code;	59816

(g) The number of children with disabilities, other than	59817
preschool children with disabilities, placed with a county DD	59818
board in the current fiscal year to receive special education	59819
services for category six disabilities described in division (F)	59820
of section 3317.013 of the Revised Code.	59821

(21) The number of students who are economically	59822
disadvantaged, as defined by the department, excluding any student	59823
reported under division (B)(3)(e) of this section as enrolled in	59824
an internet- or computer-based community school. A student shall	59825
not be categorically excluded from the number reported under	59826
division (B)(21) of this section based on anything other than	59827
family income.	59828

(C)(1) The average daily membership in divisions (B)(1) to	59829
(12) of this section shall be based upon the number of full-time	59830
equivalent students. The state board of education shall adopt	59831
rules defining full-time equivalent students and for determining	59832
the average daily membership therefrom for the purposes of	59833
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	59834
~~in kindergarten shall be counted as one full-time equivalent~~	59835
~~student regardless of whether the student is enrolled in a~~	59836
~~part-day or all-day kindergarten class.~~	59837

(2) A student enrolled in a community school established	59838
under Chapter 3314., a science, technology, engineering, and	59839
mathematics school established under Chapter 3326., or a	59840
college-preparatory boarding school established under Chapter	59841
3328. of the Revised Code shall be counted in the formula ADM and,	59842
if applicable, the category one, two, three, four, five, or six	59843
special education ADM of the school district in which the student	59844
is entitled to attend school under section 3313.64 or 3313.65 of	59845
the Revised Code for the same proportion of the school year that	59846
the student is counted in the enrollment of the community school,	59847
the science, technology, engineering, and mathematics school, or	59848
the college-preparatory boarding school for purposes of section	59849
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	59850
the number of students reported pursuant to division (B)(3)(d),	59851
(e), (j), or (k) of this section, the department may adjust the	59852
formula ADM of a school district to account for students entitled	59853
to attend school in the district under section 3313.64 or 3313.65	59854
of the Revised Code who are enrolled in a community school, a	59855
science, technology, engineering, and mathematics school, or a	59856
college-preparatory boarding school for only a portion of the	59857
school year.	59858

(3) No child shall be counted as more than a total of one	59859
child in the sum of the average daily memberships of a school	59860
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	59861
division (D) of this section, except as follows:	59862

(a) A child with a disability described in section 3317.013	59863
of the Revised Code may be counted both in formula ADM and in	59864
category one, two, three, four, five, or six special education ADM	59865
and, if applicable, in category one or, two ~~vocational~~, three,	59866
four, or five career-technical education ADM. As provided in	59867
division ~~(C)~~(H) of section 3317.02 of the Revised Code, such a	59868
child shall be counted in category one, two, three, four, five, or	59869
six special education ADM in the same proportion that the child is	59870
counted in formula ADM.	59871

(b) A child enrolled in ~~vocational~~career-technical education	59872
programs or classes described in section 3317.014 of the Revised	59873
Code may be counted both in formula ADM and category one or, two	59874
~~vocational~~, three, four, or five career-technical education ADM	59875
and, if applicable, in category one, two, three, four, five, or	59876
six special education ADM. Such a child shall be counted in	59877
category one or, two ~~vocational~~, three, four, or five	59878
career-technical education ADM in the same proportion as the	59879
percentage of time that the child spends in the ~~vocational~~	59880
career-technical education programs or classes.	59881

(4) Based on the information reported under this section, the	59882
department of education shall determine the total student count,	59883
as defined in section 3301.011 of the Revised Code, for each	59884
school district.	59885

(D)(1) The superintendent of each joint vocational school	59886
district shall certify to the superintendent of public instruction	59887
on or before the fifteenth day of October in each year for the	59888
first full school week in October ~~the formula ADM, for purposes of~~	59889
~~section 3318.42 of the Revised Code and for any other purpose~~	59890
~~prescribed by law for which "formula ADM" of the joint vocational~~	59891
~~district is a factor~~, and on or before the fifteenth day of	59892
February in each year for the first full school week in February,	59893
the average daily membership. If a school operated by the joint	59894
vocational school district is closed for one or more days during	59895
~~that~~a week for which the average daily membership must be	59896
certified due to hazardous weather conditions or other	59897
circumstances described in ~~the first paragraph of~~ division	59898
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	59899
superintendent may apply to the superintendent of public	59900
instruction for a waiver, under which the superintendent of public	59901
instruction may exempt the district superintendent from certifying	59902
the ~~formula ADM~~average daily membership for that school for that	59903
week and specify an alternate week in the same month for	59904
certifying the ~~formula ADM~~average daily membership of that	59905
school.	59906

The ~~formula ADM~~average daily membership, except as otherwise	59907
provided in this division, shall consist of the average daily	59908
membership during ~~such~~a week, on an FTE basis, of the number of	59909
students receiving any educational services from the district,	59910
including students enrolled in a community school established	59911
under Chapter 3314. or a science, technology, engineering, and	59912
mathematics school established under Chapter 3326. of the Revised	59913
Code who are attending the joint vocational district ~~under an~~	59914
~~agreement between the district board of education and the~~	59915
~~governing authority of the community school or the governing body~~	59916
~~of the science, technology, engineering, and mathematics school~~	59917
and are entitled to attend school in a city, local, or exempted	59918
village school district whose territory is part of the territory	59919
of the joint vocational district.	59920

The following categories of students shall not be included in	59921
the determination made under division (D)(1) of this section:	59922

(a) Students enrolled in adult education classes;

59923

(b) Adjacent or other district joint vocational students	59924
enrolled in the district under an open enrollment policy pursuant	59925
to section 3313.98 of the Revised Code;	59926

(c) Students receiving services in the district pursuant to a	59927
compact, cooperative education agreement, or a contract, but who	59928
are entitled to attend school in a city, local, or exempted	59929
village school district whose territory is not part of the	59930
territory of the joint vocational district;	59931

(d) Students for whom tuition is payable pursuant to sections	59932
3317.081 and 3323.141 of the Revised Code.	59933

(2) To enable the department of education to obtain the data	59934
needed to complete the calculation of payments pursuant to this	59935
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	59936
report separately the average daily membership included in the	59937
report under division (D)(1) of this section for each of the	59938
following categories of students for each of the ~~same week~~weeks	59939
for which ~~formula~~ ADM is certified:	59940

(a) Students enrolled in each individual grade included in	59941
the joint vocational district schools;	59942

(b) Children with disabilities receiving special education	59943
services for the category one disability described in division (A)	59944
of section 3317.013 of the Revised Code;	59945

(c) Children with disabilities receiving special education	59946
services for the category two disabilities described in division	59947
(B) of section 3317.013 of the Revised Code;	59948

(d) Children with disabilities receiving special education	59949
services for category three disabilities described in division (C)	59950
of section 3317.013 of the Revised Code;	59951

(e) Children with disabilities receiving special education	59952
services for category four disabilities described in division (D)	59953
of section 3317.013 of the Revised Code;	59954

(f) Children with disabilities receiving special education	59955
services for the category five disabilities described in division	59956
(E) of section 3317.013 of the Revised Code;	59957

(g) Children with disabilities receiving special education	59958
services for category six disabilities described in division (F)	59959
of section 3317.013 of the Revised Code;	59960

(h) Students receiving category one ~~vocational~~	59961
career-technical education services, described in division (A) of	59962
section 3317.014 of the Revised Code;	59963

(i) Students receiving category two ~~vocational~~	59964
career-technical education services, described in division (B) of	59965
section 3317.014 of the Revised Code;	59966

(j) Students receiving category three career-technical	59967
education services, described in division (C) of section 3317.014	59968
of the Revised Code;	59969

(k) Students receiving category four career-technical	59970
education services, described in division (D) of section 3317.014	59971
of the Revised Code;	59972

(l) Students receiving category five career-technical	59973
education services, described in division (E) of section 3317.014	59974
of the Revised Code;	59975

(m) Limited English proficient students described in division	59976
(A) of section 3317.016 of the Revised Code;	59977

(n) Limited English proficient students described in division	59978
(B) of section 3317.016 of the Revised Code;	59979

(o) Limited English proficient students described in division	59980
(C) of section 3317.016 of the Revised Code;	59981

(p) Students who are economically disadvantaged, as defined	59982
by the department. A student shall not be categorically excluded	59983
from the number reported under division (D)(2)(p) of this section	59984
based on anything other than family income.	59985

The superintendent of each joint vocational school district	59986
shall also indicate the city, local, or exempted village school	59987
district in which each joint vocational district pupil is entitled	59988
to attend school pursuant to section 3313.64 or 3313.65 of the	59989
Revised Code.	59990

(E) In each school of each city, local, exempted village,	59991
joint vocational, and cooperative education school district there	59992
shall be maintained a record of school membership, which record	59993
shall accurately show, for each day the school is in session, the	59994
actual membership enrolled in regular day classes. For the purpose	59995
of determining average daily membership, the membership figure of	59996
any school shall not include any pupils except those pupils	59997
described by division (A) of this section. The record of	59998
membership for each school shall be maintained in such manner that	59999
no pupil shall be counted as in membership prior to the actual	60000
date of entry in the school and also in such manner that where for	60001
any cause a pupil permanently withdraws from the school that pupil	60002
shall not be counted as in membership from and after the date of	60003
such withdrawal. There shall not be included in the membership of	60004
any school any of the following:	60005

(1) Any pupil who has graduated from the twelfth grade of a	60006
public or nonpublic high school;	60007

(2) Any pupil who is not a resident of the state;

60008

(3) Any pupil who was enrolled in the schools of the district	60009
during the previous school year when assessments were administered	60010
under section 3301.0711 of the Revised Code but did not take one	60011
or more of the assessments required by that section and was not	60012
excused pursuant to division (C)(1) or (3) of that section;	60013

(4) Any pupil who has attained the age of twenty-two years,	60014
except for veterans of the armed services whose attendance was	60015
interrupted before completing the recognized twelve-year course of	60016
the public schools by reason of induction or enlistment in the	60017
armed forces and who apply for reenrollment in the public school	60018
system of their residence not later than four years after	60019
termination of war or their honorable discharge.	60020

If, however, any veteran described by division (E)(4) of this	60021
section elects to enroll in special courses organized for veterans	60022
for whom tuition is paid under the provisions of federal laws, or	60023
otherwise, that veteran shall not be included in average daily	60024
membership.	60025

Notwithstanding division (E)(3) of this section, the	60026
membership of any school may include a pupil who did not take an	60027
assessment required by section 3301.0711 of the Revised Code if	60028
the superintendent of public instruction grants a waiver from the	60029
requirement to take the assessment to the specific pupil and a	60030
parent is not paying tuition for the pupil pursuant to section	60031
3313.6410 of the Revised Code. The superintendent may grant such a	60032
waiver only for good cause in accordance with rules adopted by the	60033
state board of education.	60034

Except as provided in divisions (B)(2) and (F) of this	60035
section, the average daily membership figure of any local, city,	60036
exempted village, or joint vocational school district shall be	60037
determined by dividing the figure representing the sum of the	60038
number of pupils enrolled during each day the school of attendance	60039
is actually open for instruction during the week for which the	60040
average daily membership is being certified by the total number of	60041
days the school was actually open for instruction during that	60042
week. For purposes of state funding, "enrolled" persons are only	60043
those pupils who are attending school, those who have attended	60044
school during the current school year and are absent for	60045
authorized reasons, and those children with disabilities currently	60046
receiving home instruction.	60047

The average daily membership figure of any cooperative	60048
education school district shall be determined in accordance with	60049
rules adopted by the state board of education.	60050

(F)(1) ~~If the formula ADM for the first full school week in~~	60051
~~February is at least three per cent greater than that certified~~	60052
~~for the first full school week in the preceding October, the~~	60053
~~superintendent of schools of any city, exempted village, or joint~~	60054
~~vocational school district or educational service center shall~~	60055
~~certify such increase to the superintendent of public instruction.~~	60056
~~Such certification shall be submitted no later than the fifteenth~~	60057
~~day of February. For the balance of the fiscal year, beginning~~	60058
~~with the February payments, the superintendent of public~~	60059
~~instruction shall use the increased formula ADM in calculating or~~	60060
~~recalculating the amounts to be allocated in accordance with~~	60061
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	60062
~~the superintendent use an increased membership certified to the~~	60063
~~superintendent after the fifteenth day of February. Division~~	60064
~~(F)(1) of this section does not apply after fiscal year 2006.~~	60065

~~(2) If on the first school day of April the total number of~~	60066
~~classes or units for preschool children with disabilities that are~~	60067
~~eligible for approval under division (B) of section 3317.05 of the~~	60068
~~Revised Code exceeds the number of units that have been approved~~	60069
~~for the year under that division, the superintendent of schools of~~	60070
~~any city, exempted village, or cooperative education school~~	60071
~~district or educational service center shall make the~~	60072
~~certifications required by this section for that day. If the~~	60073
~~department determines additional units can be approved for the~~	60074
~~fiscal year within any limitations set forth in the acts~~	60075
~~appropriating moneys for the funding of such units, the department~~	60076
~~shall approve additional units for the fiscal year on the basis of~~	60077
~~such average daily membership. For each unit so approved, the~~	60078
~~department shall pay an amount computed in the manner prescribed~~	60079
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	60080
~~Code.~~	60081

~~(3)~~ If a student attending a community school under Chapter	60082
3314., a science, technology, engineering, and mathematics school	60083
established under Chapter 3326., or a college-preparatory boarding	60084
school established under Chapter 3328. of the Revised Code is not	60085
included in the formula ADM certified for the school district in	60086
which the student is entitled to attend school under section	60087
3313.64 or 3313.65 of the Revised Code, the department of	60088
education shall adjust the formula ADM of that school district to	60089
include the student in accordance with division (C)(2) of this	60090
section, and shall recalculate the school district's payments	60091
under this chapter for the entire fiscal year on the basis of that	60092
adjusted formula ADM. This requirement applies regardless of	60093
whether the student was enrolled, as defined in division (E) of	60094
this section, in the community school, the science, technology,	60095
engineering, and mathematics school, or the college-preparatory	60096
boarding school during the ~~week~~weeks for which the formula ADM is	60097
being certified.	60098

~~(4)~~(2) If a student awarded an educational choice scholarship	60099
is not included in the formula ADM of the school district from	60100
which the department deducts funds for the scholarship under	60101
section 3310.08 of the Revised Code, the department shall adjust	60102
the formula ADM of that school district to include the student to	60103
the extent necessary to account for the deduction, and shall	60104
recalculate the school district's payments under this chapter for	60105
the entire fiscal year on the basis of that adjusted formula ADM.	60106
This requirement applies regardless of whether the student was	60107
enrolled, as defined in division (E) of this section, in the	60108
chartered nonpublic school, the school district, or a community	60109
school during the ~~week~~weeks for which the formula ADM is being	60110
certified.	60111

~~(5)~~(3) If a student awarded a scholarship under the Jon	60112
Peterson special needs scholarship program is not included in the	60113
formula ADM of the school district from which the department	60114
deducts funds for the scholarship under section 3310.55 of the	60115
Revised Code, the department shall adjust the formula ADM of that	60116
school district to include the student to the extent necessary to	60117
account for the deduction, and shall recalculate the school	60118
district's payments under this chapter for the entire fiscal year	60119
on the basis of that adjusted formula ADM. This requirement	60120
applies regardless of whether the student was enrolled, as defined	60121
in division (E) of this section, in an alternative public	60122
provider, a registered private provider, or the school district	60123
during the ~~week~~weeks for which the formula ADM is being	60124
certified.	60125

(G)(1)(a) The superintendent of an institution operating a	60126
special education program pursuant to section 3323.091 of the	60127
Revised Code shall, for the programs under such superintendent's	60128
supervision, certify to the state board of education, in the	60129
manner prescribed by the superintendent of public instruction,	60130
both of the following:	60131

(i) The average daily membership of all children with	60132
disabilities other than preschool children with disabilities	60133
receiving services at the institution for each category of	60134
disability described in divisions (A) to (F) of section 3317.013	60135
of the Revised Code;	60136

(ii) The average daily membership of all preschool children	60137
with disabilities in classes or programs ~~approved annually by the~~	60138
~~department of education for unit~~for whom the district is eligible	60139
to receive funding under section ~~3317.05~~3317.0213 of the Revised	60140
Code, reported according to the categories prescribed in section	60141
3317.013 of the Revised Code.	60142

(b) The superintendent of an institution with ~~vocational~~	60143
career-technical education units approved under ~~division (A) of~~	60144
section 3317.05 of the Revised Code shall, for the units under the	60145
superintendent's supervision, certify to the state board of	60146
education the average daily membership in those units, in the	60147
manner prescribed by the superintendent of public instruction.	60148

(2) The superintendent of each county DD board that maintains	60149
special education classes under section 3317.20 of the Revised	60150
Code or ~~units approved~~provides services to preschool children	60151
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	60152
an agreement between the DD board and the appropriate school	60153
district shall do both of the following:	60154

(a) Certify to the state board, in the manner prescribed by	60155
the board, the average daily membership in classes under section	60156
3317.20 of the Revised Code for each school district that has	60157
placed children in the classes;	60158

(b) Certify to the state board, in the manner prescribed by	60159
the board, the number of all preschool children with disabilities	60160
enrolled as of the first day of December in classes for which the	60161
DD board is eligible ~~for approval~~to receive funding under	60162
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	60163
reported according to the categories prescribed in section	60164
3317.013 of the Revised Code, and the number of those classes.	60165

~~(3)(a) If on the first school day of April the number of~~	60166
~~classes or units maintained for preschool children with~~	60167
~~disabilities by the county DD board that are eligible for approval~~	60168
~~under division (B) of section 3317.05 of the Revised Code is~~	60169
~~greater than the number of units approved for the year under that~~	60170
~~division, the superintendent shall make the certification required~~	60171
~~by this section for that day.~~	60172

~~(b) If the department determines that additional classes or~~	60173
~~units can be approved for the fiscal year within any limitations~~	60174
~~set forth in the acts appropriating moneys for the funding of the~~	60175
~~classes and units described in division (G)(3)(a) of this section,~~	60176
~~the department shall approve and fund additional units for the~~	60177
~~fiscal year on the basis of such average daily membership. For~~	60178
~~each unit so approved, the department shall pay an amount computed~~	60179
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	60180
~~Revised Code.~~	60181

(H) Except as provided in division (I) of this section, when	60182
any city, local, or exempted village school district provides	60183
instruction for a nonresident pupil whose attendance is	60184
unauthorized attendance as defined in section 3327.06 of the	60185
Revised Code, that pupil's membership shall not be included in	60186
that district's membership figure used in the calculation of that	60187
district's formula ADM or included in the determination of any	60188
~~unit~~funding approved for the district under section ~~3317.05~~	60189
3317.0213 of the Revised Code. The reporting official shall report	60190
separately the average daily membership of all pupils whose	60191
attendance in the district is unauthorized attendance, and the	60192
membership of each such pupil shall be credited to the school	60193
district in which the pupil is entitled to attend school under	60194
division (B) of section 3313.64 or section 3313.65 of the Revised	60195
Code as determined by the department of education.	60196

(I)(1) A city, local, exempted village, or joint vocational	60197
school district admitting a scholarship student of a pilot project	60198
district pursuant to division (C) of section 3313.976 of the	60199
Revised Code may count such student in its average daily	60200
membership.	60201

(2) In any year for which funds are appropriated for pilot	60202
project scholarship programs, a school district implementing a	60203
state-sponsored pilot project scholarship program that year	60204
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	60205
count in average daily membership:	60206

(a) All children residing in the district and utilizing a	60207
scholarship to attend kindergarten in any alternative school, as	60208
defined in section 3313.974 of the Revised Code;	60209

(b) All children who were enrolled in the district in the	60210
preceding year who are utilizing a scholarship to attend an	60211
alternative school.	60212

(J) The superintendent of each cooperative education school	60213
district shall certify to the superintendent of public	60214
instruction, in a manner prescribed by the state board of	60215
education, the applicable average daily memberships for all	60216
students in the cooperative education district, also indicating	60217
the city, local, or exempted village district where each pupil is	60218
entitled to attend school under section 3313.64 or 3313.65 of the	60219
Revised Code.	60220

(K) If the superintendent of public instruction determines	60221
that a component of the average daily membership certified or	60222
reported by a district superintendent, or other reporting entity,	60223
is not correct, the superintendent of public instruction may order	60224
that the formula ADM used for the purposes of payments under any	60225
section of Title XXXIII of the Revised Code be adjusted in the	60226
amount of the error.	60227

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	60228
cooperative education school district, each educational service	60229
center, each county DD board, and each institution operating a	60230
special education program pursuant to section 3323.091 of the	60231
Revised Code shall, in accordance with procedures adopted by the	60232
state board of education, maintain a record of district membership	60233
of ~~both of the following:~~	60234

~~(1) All preschool children with disabilities in units~~	60235
~~approved under division (B) of section 3317.05 of the Revised~~	60236
~~Code;~~	60237

~~(2) All~~all preschool children with disabilities ~~who are not~~	60238
~~in units approved under division (B) of section 3317.05 of the~~	60239
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	60240
program.	60241

~~(B) The superintendent of each district, board, or~~	60242
~~institution subject to division (A) of this section shall certify~~	60243
~~to the state board of education, in accordance with procedures~~	60244
~~adopted by that board, membership figures of all preschool~~	60245
~~children with disabilities whose membership is maintained under~~	60246
~~division (A)(2) of this section. The figures certified under this~~	60247
~~division shall be used in the determination of the ADM used to~~	60248
~~compute funds for educational service center governing boards~~	60249
~~under section 3317.11 of the Revised Code.~~	60250

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	60251
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	60252
department of education shall determine for each institution, by	60253
the last day of January of each year and based on information	60254
certified under section 3317.03 of the Revised Code, the number of	60255
~~vocational~~career-technical education units or fractions of units	60256
approved by the department on the basis of standards and rules	60257
adopted by the state board of education. As used in this ~~division~~	60258
section, "institution" means an institution operated by a	60259
department specified in section 3323.091 of the Revised Code and	60260
that provides ~~vocational~~career-technical education programs under	60261
the supervision of the division of ~~vocational~~career-technical	60262
education of the department that meet the standards and rules for	60263
these programs, including licensure of professional staff involved	60264
in the programs, as established by the state board.	60265

(B) ~~For the purpose of calculating payments under sections~~	60266
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	60267
~~department shall determine, based on information certified under~~	60268
~~section 3317.03 of the Revised Code, the following by the last day~~	60269
~~of January of each year for each educational service center, for~~	60270
~~each school district, including each cooperative education school~~	60271
~~district, for each institution eligible for payment under section~~	60272
~~3323.091 of the Revised Code, and for each county DD board: the~~	60273
~~number of classes operated by the school district, service center,~~	60274
~~institution, or county DD board for preschool children with~~	60275
~~disabilities, or fraction thereof, including in the case of a~~	60276
~~district or service center that is a funding agent, classes taught~~	60277
~~by a licensed teacher employed by that district or service center~~	60278
~~under section 3313.841 of the Revised Code, approved annually by~~	60279
~~the department on the basis of standards and rules adopted by the~~	60280
~~state board.~~	60281

~~(C) For the purpose of calculating payments under sections~~	60282
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	60283
~~department shall determine, based on information certified under~~	60284
~~section 3317.03 of the Revised Code, the following by the last day~~	60285
~~of January of each year for each school district, including each~~	60286
~~cooperative education school district, for each institution~~	60287
~~eligible for payment under section 3323.091 of the Revised Code,~~	60288
~~and for each county DD board: the number of units for related~~	60289
~~services, as defined in section 3323.01 of the Revised Code, for~~	60290
~~preschool children with disabilities approved annually by the~~	60291
~~department on the basis of standards and rules adopted by the~~	60292
~~state board.~~	60293

~~(D)~~ All of the arithmetical calculations made under this	60294
section shall be carried to the second decimal place. The total	60295
number of units for ~~school districts, service centers, and~~	60296
institutions approved annually under this section shall not exceed	60297
the number of units included in the estimate of cost for these	60298
units and appropriations made for them by the general assembly.	60299

~~In the case of units for preschool children with disabilities~~	60300
~~described in division (B) of this section, the department shall~~	60301
~~approve only preschool units for children who are under age six on~~	60302
~~the thirtieth day of September of the academic year, or on the~~	60303
~~first day of August of the academic year if the school district in~~	60304
~~which the child is enrolled has adopted a resolution under~~	60305
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	60306
~~less than age three on the first day of December of the academic~~	60307
~~year, except that such a unit may include one or more children who~~	60308
~~are under age three or are age six or over on the applicable date,~~	60309
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	60310
~~of the Revised Code, if such children have been admitted to the~~	60311
~~unit pursuant to rules of the state board. The number of units for~~	60312
~~county DD boards and institutions eligible for payment under~~	60313
~~section 3323.091 of the Revised Code approved under this section~~	60314
~~shall not exceed the number that can be funded with appropriations~~	60315
~~made for such purposes by the general assembly.~~	60316

~~No unit shall be approved under divisions (B) and (C) of this~~	60317
~~section unless a plan has been submitted and approved under~~	60318
~~Chapter 3323. of the Revised Code.~~	60319

(C) The department shall pay each institution approved for	60320
career-technical education units under division (A) of this	60321
section an amount for the total of all the units approved under	60322
that division. The amount for each unit shall be the sum of the	60323
minimum salary for the teacher of the unit, calculated on the	60324
basis of the teacher's training level and years of experience	60325
pursuant to the salary schedule prescribed in the version of	60326
section 3317.13 of the Revised Code in effect prior to July 1,	60327
2001, plus fifteen per cent of that minimum salary amount, and	60328
nine thousand five hundred ten dollars. Each institution that	60329
receives unit funds under this division annually shall report to	60330
the department on the delivery of services and the performance of	60331
students and any other information required by the department to	60332
evaluate the institution's career-technical education program.	60333

(D) For each unit allocated to an institution pursuant to	60334
division (A) of this section, the department, in addition to the	60335
amount specified in division (B) of this section, shall pay a	60336
supplemental unit allowance of $7,227.	60337

Sec. 3317.051. (A) As used in this section, "gifted unit	60338
ADM" means a school district's formula ADM minus the number of	60339
students reported by a district under divisions (A)(2)(a) and (i)	60340
of section 3317.03 of the Revised Code.	60341

(B) The department of education shall compute and pay to a	60342
school district funds based on units for services to students	60343
identified as gifted under Chapter 3324. of the Revised Code as	60344
prescribed by this section.	60345

(C) The department shall allocate gifted units for a school	60346
district as follows:	60347

(1) One gifted coordinator unit shall be allocated for every	60348
3,300 students in a district's gifted unit ADM, with a minimum of	60349
0.5 units and a maximum of 8 units allocated for the district.	60350

(2) One gifted intervention specialist unit shall be	60351
allocated for every 1,100 students in a district's gifted unit	60352
ADM, with a minimum of 0.3 units allocated for the district.	60353

(D) The department shall pay the following amount to a school	60354
district for gifted units:	60355

(1) In fiscal year 2014, $37,000 multiplied by the number of	60356
units allocated to a school district under division (C) of this	60357
section;	60358

(2) In fiscal year 2015, $37,370 multiplied by the number of	60359
units allocated to a school district under division (C) of this	60360
section.	60361

A school district shall use the funds it receives for units	60362
allocated under division (C)(1) of this section only for gifted	60363
coordinator services as prescribed by the department. Qualified	60364
personnel shall be employed by the district for this purpose on a	60365
full-time equivalency basis that corresponds to the number of	60366
units allocated to the district under division (C)(1) of this	60367
section.	60368

A school district shall use the funds it receives for units	60369
allocated under division (C)(2) of this section only for gifted	60370
intervention specialist services as prescribed by the department.	60371
Qualified personnel shall be employed by the district for this	60372
purpose on a full-time equivalency basis that corresponds to the	60373
number of units allocated to the district under division (C)(2) of	60374
this section.	60375

(E) A school district may assign gifted unit funding that it	60376
receives under division (D) of this section to another school	60377
district, an educational service center, a community school, or a	60378
STEM school as part of an arrangement to provide services to the	60379
district as follows:	60380

(1) Funds received for units allocated under division (C)(1)	60381
of this section may be assigned to a district, service center, or	60382
school that employs qualified gifted coordinators;	60383

(2) Funds received for units allocated under division (C)(2)	60384
of this section may be assigned to a district, service center, or	60385
school that employs qualified gifted intervention specialists.	60386

Sec. 3317.06. Moneys paid to school districts under division	60387
(E) of section 3317.024 of the Revised Code shall be used for the	60388
following independent and fully severable purposes:	60389

(A) To purchase such secular textbooks or ~~electronic~~	60390
~~textbooks~~digital texts as have been approved by the	60391
superintendent of public instruction for use in public schools in	60392
the state and to loan such textbooks or ~~electronic textbooks~~	60393
digital texts to pupils attending nonpublic schools within the	60394
district or to their parents and to hire clerical personnel to	60395
administer such lending program. Such loans shall be based upon	60396
individual requests submitted by such nonpublic school pupils or	60397
parents. Such requests shall be submitted to the school district	60398
in which the nonpublic school is located. Such individual requests	60399
for the loan of textbooks or ~~electronic textbooks~~digital texts	60400
shall, for administrative convenience, be submitted by the	60401
nonpublic school pupil or the pupil's parent to the nonpublic	60402
school, which shall prepare and submit collective summaries of the	60403
individual requests to the school district. As used in this	60404
section:	60405

(1) "Textbook" means any book or book substitute that a pupil	60406
uses as a consumable or nonconsumable text, text substitute, or	60407
text supplement in a particular class or program in the school the	60408
pupil regularly attends.	60409

(2) ~~"Electronic textbook"~~"Digital text" means ~~any~~a	60410
consumable book or book substitute that a student accesses through	60411
the use of a computer or other electronic medium or that is	60412
available through an internet-based provider of course content, or	60413
any other material that contributes to the learning process	60414
through electronic means.	60415

(B) To provide speech and hearing diagnostic services to	60416
pupils attending nonpublic schools within the district. Such	60417
service shall be provided in the nonpublic school attended by the	60418
pupil receiving the service.	60419

(C) To provide physician, nursing, dental, and optometric	60420
services to pupils attending nonpublic schools within the	60421
district. Such services shall be provided in the school attended	60422
by the nonpublic school pupil receiving the service.	60423

(D) To provide diagnostic psychological services to pupils	60424
attending nonpublic schools within the district. Such services	60425
shall be provided in the school attended by the pupil receiving	60426
the service.	60427

(E) To provide therapeutic psychological and speech and	60428
hearing services to pupils attending nonpublic schools within the	60429
district. Such services shall be provided in the public school, in	60430
nonpublic schools, in public centers, or in mobile units located	60431
on or off of the nonpublic premises. If such services are provided	60432
in the public school or in public centers, transportation to and	60433
from such facilities shall be provided by the school district in	60434
which the nonpublic school is located.	60435

(F) To provide guidance, counseling, and social work services	60436
to pupils attending nonpublic schools within the district. Such	60437
services shall be provided in the public school, in nonpublic	60438
schools, in public centers, or in mobile units located on or off	60439
of the nonpublic premises. If such services are provided in the	60440
public school or in public centers, transportation to and from	60441
such facilities shall be provided by the school district in which	60442
the nonpublic school is located.	60443

(G) To provide remedial services to pupils attending	60444
nonpublic schools within the district. Such services shall be	60445
provided in the public school, in nonpublic schools, in public	60446
centers, or in mobile units located on or off of the nonpublic	60447
premises. If such services are provided in the public school or in	60448
public centers, transportation to and from such facilities shall	60449
be provided by the school district in which the nonpublic school	60450
is located.	60451

(H) To supply for use by pupils attending nonpublic schools	60452
within the district such standardized tests and scoring services	60453
as are in use in the public schools of the state;	60454

(I) To provide programs for children who attend nonpublic	60455
schools within the district and are children with disabilities as	60456
defined in section 3323.01 of the Revised Code or gifted children.	60457
Such programs shall be provided in the public school, in nonpublic	60458
schools, in public centers, or in mobile units located on or off	60459
of the nonpublic premises. If such programs are provided in the	60460
public school or in public centers, transportation to and from	60461
such facilities shall be provided by the school district in which	60462
the nonpublic school is located.	60463

(J) To hire clerical personnel to assist in the	60464
administration of programs pursuant to divisions (B), (C), (D),	60465
(E), (F), (G), and (I) of this section and to hire supervisory	60466
personnel to supervise the providing of services and textbooks	60467
pursuant to this section.	60468

(K) To purchase or lease any secular, neutral, and	60469
nonideological computer application software designed to assist	60470
students in performing a single task or multiple related tasks,	60471
device management software, learning management software,	60472
site-licensing, digital video on demand (DVD), wide area	60473
connectivity and related technology as it relates to internet	60474
access, mathematics or science equipment and materials,	60475
instructional materials, and school library materials that are in	60476
general use in the public schools of the state and loan such items	60477
to pupils attending nonpublic schools within the district or to	60478
their parents, and to hire clerical personnel to administer the	60479
lending program. Only such items that are incapable of diversion	60480
to religious use and that are susceptible of loan to individual	60481
pupils and are furnished for the use of individual pupils shall be	60482
purchased and loaned under this division. As used in this section,	60483
"instructional materials" means prepared learning materials that	60484
are secular, neutral, and nonideological in character and are of	60485
benefit to the instruction of school children~~, and may include~~	60486
~~educational resources and services developed by the eTech Ohio~~	60487
~~commission~~.	60488

Mobile applications that are secular, neutral, and	60489
nonideological in character and that are purchased for less than	60490
ten dollars for instructional use shall be considered to be	60491
consumable and shall be distributed to students without the	60492
expectation that the applications must be returned.	60493

(L) To purchase or lease instructional equipment, including	60494
computer hardware and related equipment in general use in the	60495
public schools of the state, for use by pupils attending nonpublic	60496
schools within the district and to loan such items to pupils	60497
attending nonpublic schools within the district or to their	60498
parents, and to hire clerical personnel to administer the lending	60499
program. "Computer hardware and related equipment" includes	60500
desktop computers and workstations; laptop computers, computer	60501
tablets, and other mobile handheld devices; and their operating	60502
systems and accessories.	60503

(M) To purchase mobile units to be used for the provision of	60504
services pursuant to divisions (E), (F), (G), and (I) of this	60505
section and to pay for necessary repairs and operating costs	60506
associated with these units.	60507

(N) To reimburse costs the district incurred to store the	60508
records of a chartered nonpublic school that closes.	60509
Reimbursements under this division shall be made one time only for	60510
each chartered nonpublic school that closes.	60511

(O) To purchase life-saving medical or other emergency	60512
equipment for placement in nonpublic schools within the district	60513
or to maintain such equipment.	60514

Clerical and supervisory personnel hired pursuant to division	60515
(J) of this section shall perform their services in the public	60516
schools, in nonpublic schools, public centers, or mobile units	60517
where the services are provided to the nonpublic school pupil,	60518
except that such personnel may accompany pupils to and from the	60519
service sites when necessary to ensure the safety of the children	60520
receiving the services.	60521

All services provided pursuant to this section may be	60522
provided under contract with educational service centers, the	60523
department of health, city or general health districts, or private	60524
agencies whose personnel are properly licensed by an appropriate	60525
state board or agency.	60526

Transportation of pupils provided pursuant to divisions (E),	60527
(F), (G), and (I) of this section shall be provided by the school	60528
district from its general funds and not from moneys paid to it	60529
under division (E) of section 3317.024 of the Revised Code unless	60530
a special transportation request is submitted by the parent of the	60531
child receiving service pursuant to such divisions. If such an	60532
application is presented to the school district, it may pay for	60533
the transportation from moneys paid to it under division (E) of	60534
section 3317.024 of the Revised Code.	60535

No school district shall provide health or remedial services	60536
to nonpublic school pupils as authorized by this section unless	60537
such services are available to pupils attending the public schools	60538
within the district.	60539

Materials, equipment, computer hardware or software,	60540
textbooks, ~~electronic textbooks~~digital texts, and health and	60541
remedial services provided for the benefit of nonpublic school	60542
pupils pursuant to this section and the admission of pupils to	60543
such nonpublic schools shall be provided without distinction as to	60544
race, creed, color, or national origin of such pupils or of their	60545
teachers.	60546

No school district shall provide services, materials, or	60547
equipment that contain religious content for use in religious	60548
courses, devotional exercises, religious training, or any other	60549
religious activity.	60550

As used in this section, "parent" includes a person standing	60551
in loco parentis to a child.	60552

Notwithstanding section 3317.01 of the Revised Code, payments	60553
shall be made under this section to any city, local, or exempted	60554
village school district within which is located one or more	60555
nonpublic elementary or high schools and any payments made to	60556
school districts under division (E) of section 3317.024 of the	60557
Revised Code for purposes of this section may be disbursed without	60558
submission to and approval of the controlling board.	60559

The allocation of payments for materials, equipment,	60560
textbooks, ~~electronic textbooks~~digital texts, health services,	60561
and remedial services to city, local, and exempted village school	60562
districts shall be on the basis of the state board of education's	60563
estimated annual average daily membership in nonpublic elementary	60564
and high schools located in the district.	60565

Payments made to city, local, and exempted village school	60566
districts under this section shall be equal to specific	60567
appropriations made for the purpose. All interest earned by a	60568
school district on such payments shall be used by the district for	60569
the same purposes and in the same manner as the payments may be	60570
used.	60571

The department of education shall adopt guidelines and	60572
procedures under which such programs and services shall be	60573
provided, under which districts shall be reimbursed for	60574
administrative costs incurred in providing such programs and	60575
services, and under which any unexpended balance of the amounts	60576
appropriated by the general assembly to implement this section may	60577
be transferred to the auxiliary services personnel unemployment	60578
compensation fund established pursuant to section 4141.47 of the	60579
Revised Code. The department shall also adopt guidelines and	60580
procedures limiting the purchase and loan of the items described	60581
in division (K) of this section to items that are in general use	60582
in the public schools of the state, that are incapable of	60583
diversion to religious use, and that are susceptible to individual	60584
use rather than classroom use. Within thirty days after the end of	60585
each biennium, each board of education shall remit to the	60586
department all moneys paid to it under division (E) of section	60587
3317.024 of the Revised Code and any interest earned on those	60588
moneys that are not required to pay expenses incurred under this	60589
section during the biennium for which the money was appropriated	60590
and during which the interest was earned. If a board of education	60591
subsequently determines that the remittal of moneys leaves the	60592
board with insufficient money to pay all valid expenses incurred	60593
under this section during the biennium for which the remitted	60594
money was appropriated, the board may apply to the department of	60595
education for a refund of money, not to exceed the amount of the	60596
insufficiency. If the department determines the expenses were	60597
lawfully incurred and would have been lawful expenditures of the	60598
refunded money, it shall certify its determination and the amount	60599
of the refund to be made to the director of job and family	60600
services who shall make a refund as provided in section 4141.47 of	60601
the Revised Code.	60602

Each school district shall label materials, equipment,	60603
computer hardware or software, textbooks, and ~~electronic textbooks~~	60604
digital texts purchased or leased for loan to a nonpublic school	60605
under this section, acknowledging that they were purchased or	60606
leased with state funds under this section. However, a district	60607
need not label materials, equipment, computer hardware or	60608
software, textbooks, or ~~electronic textbooks~~digital texts that	60609
the district determines are consumable in nature or have a value	60610
of less than two hundred dollars.	60611

Sec. 3317.063. The superintendent of public instruction, in	60612
accordance with rules adopted by the department of education,	60613
shall annually reimburse each chartered nonpublic school for the	60614
actual mandated service administrative and clerical costs incurred	60615
by such school during the preceding school year in preparing,	60616
maintaining, and filing reports, forms, and records, and in	60617
providing such other administrative and clerical services that are	60618
not an integral part of the teaching process as may be required by	60619
state law or rule or by requirements duly promulgated by city,	60620
exempted village, or local school districts. The mandated service	60621
costs reimbursed pursuant to this section shall include, but are	60622
not limited to, the preparation, filing and maintenance of forms,	60623
reports, or records and other clerical and administrative services	60624
relating to state chartering or approval of the nonpublic school,	60625
pupil attendance, pupil health and health testing, transportation	60626
of pupils, federally funded education programs, pupil appraisal,	60627
pupil progress, educator licensure, unemployment and workers'	60628
compensation, transfer of pupils, and such other education related	60629
data which are now or hereafter shall be required of such	60630
nonpublic school by state law or rule, or by requirements of the	60631
state department of education, other state agencies, or city,	60632
exempted village, or local school districts.	60633

The reimbursement required by this section shall be for	60634
school years beginning on or after July 1, 1981.	60635

Each nonpublic school which seeks reimbursement pursuant to	60636
this section shall submit to the superintendent of public	60637
instruction an application together with such additional reports	60638
and documents as the department of education may require. Such	60639
application, reports, and documents shall contain such information	60640
as the department of education may prescribe in order to carry out	60641
the purposes of this section. No payment shall be made until the	60642
superintendent of public instruction has approved such	60643
application.	60644

Each nonpublic school which applies for reimbursement	60645
pursuant to this section shall maintain a separate account or	60646
system of accounts for the expenses incurred in rendering the	60647
required services for which reimbursement is sought. Such accounts	60648
shall contain such information as is required by the department of	60649
education and shall be maintained in accordance with rules adopted	60650
by the department of education.	60651

Reimbursement payments to a nonpublic school pursuant to this	60652
section shall not exceed an amount for each school year equal to	60653
three hundred ~~twenty-five~~sixty dollars per pupil enrolled in that	60654
nonpublic school.	60655

The superintendent of public instruction may, from time to	60656
time, examine any and all accounts and records of a nonpublic	60657
school which have been maintained pursuant to this section in	60658
support of an application for reimbursement, for the purpose of	60659
determining the costs to such school of rendering the services for	60660
which reimbursement is sought. If after such audit it is	60661
determined that any school has received funds in excess of the	60662
actual cost of providing such services, said school shall	60663
immediately reimburse the state in such excess amount.	60664

Any payments made to chartered nonpublic schools under this	60665
section may be disbursed without submission to and approval of the	60666
controlling board.	60667

Sec. 3317.08. A board of education may admit to its schools	60668
a child it is not required by section 3313.64 or 3313.65 of the	60669
Revised Code to admit, if tuition is paid for the child.	60670

Unless otherwise provided by law, tuition shall be computed	60671
in accordance with this section. A district's tuition charge for a	60672
school year shall be one of the following:	60673

(A) For any child, except a preschool child with a disability	60674
described in division (B) of this section, the quotient obtained	60675
by dividing the sum of the amounts described in divisions (A)(1)	60676
and (2) of this section by the district's formula ADM.	60677

(1) The district's total taxes charged and payable for	60678
current expenses for the tax year preceding the tax year in which	60679
the school year begins as certified under division (A)(3) of	60680
section 3317.021 of the Revised Code.	60681

(2) The district's total taxes collected for current expenses	60682
under a school district income tax adopted pursuant to section	60683
5748.03, 5748.08, or 5748.09 of the Revised Code that are	60684
disbursed to the district during the fiscal year, excluding any	60685
income tax receipts allocated for the project cost, debt service,	60686
or maintenance set-aside associated with a state-assisted	60687
classroom facilities project as authorized by section 3318.052 of	60688
the Revised Code. On or before the first day of June of each year,	60689
the tax commissioner shall certify the amount to be used in the	60690
calculation under this division for the next fiscal year to the	60691
department of education and the office of budget and management	60692
for each city, local, and exempted village school district that	60693
levies a school district income tax.	60694

(B) For any preschool child with a disability ~~not included in~~	60695
~~a unit approved under division (B) of section 3317.05 of the~~	60696
~~Revised Code~~, an amount computed for the school year as follows:	60697

(1) For each type of special education service provided to	60698
the child for whom tuition is being calculated, determine the	60699
amount of the district's operating expenses in providing that type	60700
of service to all preschool children with disabilities ~~not~~	60701
~~included in units approved under division (B) of section 3317.05~~	60702
~~of the Revised Code~~;	60703

(2) For each type of special education service for which	60704
operating expenses are determined under division (B)(1) of this	60705
section, determine the amount of such operating expenses that was	60706
paid from any state funds received under this chapter;	60707

(3) For each type of special education service for which	60708
operating expenses are determined under division (B)(1) of this	60709
section, divide the difference between the amount determined under	60710
division (B)(1) of this section and the amount determined under	60711
division (B)(2) of this section by the total number of preschool	60712
children with disabilities ~~not included in units approved under~~	60713
~~division (B) of section 3317.05 of the Revised Code~~ who received	60714
that type of service;	60715

(4) Determine the sum of the quotients obtained under	60716
division (B)(3) of this section for all types of special education	60717
services provided to the child for whom tuition is being	60718
calculated.	60719

The state board of education shall adopt rules defining the	60720
types of special education services and specifying the operating	60721
expenses to be used in the computation under this section.	60722

If any child for whom a tuition charge is computed under this	60723
section for any school year is enrolled in a district for only	60724
part of that school year, the amount of the district's tuition	60725
charge for the child for the school year shall be computed in	60726
proportion to the number of school days the child is enrolled in	60727
the district during the school year.	60728

Except as otherwise provided in division (J) of section	60729
3313.64 of the Revised Code, whenever a district admits a child to	60730
its schools for whom tuition computed in accordance with this	60731
section is an obligation of another school district, the amount of	60732
the tuition shall be certified by the treasurer of the board of	60733
education of the district of attendance, to the board of education	60734
of the district required to pay tuition for its approval and	60735
payment. If agreement as to the amount payable or the district	60736
required to pay the tuition cannot be reached, or the board of	60737
education of the district required to pay the tuition refuses to	60738
pay that amount, the board of education of the district of	60739
attendance shall notify the superintendent of public instruction.	60740
The superintendent shall determine the correct amount and the	60741
district required to pay the tuition and shall deduct that amount,	60742
if any, under division (D) of section 3317.023 of the Revised	60743
Code, from the district required to pay the tuition and add that	60744
amount to the amount allocated to the district attended under such	60745
division. The superintendent of public instruction shall send to	60746
the district required to pay the tuition an itemized statement	60747
showing such deductions at the time of such deduction.	60748

When a political subdivision owns and operates an airport,	60749
welfare, or correctional institution or other project or facility	60750
outside its corporate limits, the territory within which the	60751
facility is located is exempt from taxation by the school district	60752
within which such territory is located, and there are school age	60753
children residing within such territory, the political subdivision	60754
owning such tax exempt territory shall pay tuition to the district	60755
in which such children attend school. The tuition for these	60756
children shall be computed as provided for in this section.	60757

Sec. 3317.10. (A) On or before the first day of March of	60758
each year, the department of job and family services shall certify	60759
to the state board of education the unduplicated number of	60760
children ages five through seventeen residing in each school	60761
district and living in a family that, during the preceding	60762
October, participated in Ohio works first.	60763

The department of job and family services shall certify this	60764
information according to the school district of residence for each	60765
child. ~~Except as provided under division (B) of this section, the~~	60766
~~number of children so certified in any year shall be used by the~~	60767
~~department of education in calculating the distribution of moneys~~	60768
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	60769
~~Revised Code.~~	60770

(B) Upon the transfer of part of the territory of one school	60771
district to the territory of one or more other school districts,	60772
the department of education may adjust the number of children	60773
certified under division (A) of this section for any district	60774
gaining or losing territory in such a transfer in order to take	60775
into account the effect of the transfer on the number of such	60776
children who reside in the district. Within sixty days of receipt	60777
of a request for information from the department of education, the	60778
department of job and family services shall provide any	60779
information the department of education determines is necessary to	60780
make such adjustments. ~~The department of education may use the~~	60781
~~adjusted number for any district for the applicable fiscal year,~~	60782
~~in lieu of the number certified for the district for that fiscal~~	60783
~~year under division (A) of this section, in the calculation of the~~	60784
~~distribution of moneys provided in section 3317.029 of the Revised~~	60785
~~Code.~~	60786

Sec. 3317.14. Any school district board of education or	60787
educational service center governing board participating in funds	60788
distributed under Chapter 3317. of the Revised Code shall annually	60789
adopt a teachers' salary schedule with provision for increments	60790
based upon training and years of service. Notwithstanding sections	60791
3317.13 and 3319.088 of the Revised Code, the board may establish	60792
its own service requirements and may grant service credit for such	60793
activities as teaching in public or nonpublic schools in this	60794
state or in another state, for service as an educational assistant	60795
other than as a classroom aide employed in accordance with section	60796
5107.541 of the Revised Code, and for service in the military or	60797
in an appropriate state or federal governmental agency, provided	60798
no teacher receives less than the amount required to be paid	60799
pursuant to section 3317.13 of the Revised Code and provided full	60800
credit for a minimum of five years of actual teaching and military	60801
experience as defined in division (A) of section 3317.13 of the	60802
Revised Code is given to each teacher.	60803

~~On the fifteenth day of October of each year, a copy of the~~	60804
~~salary schedule in effect on that date shall be filed by the board~~	60805
~~of education of each local school district with the educational~~	60806
~~service center superintendent, who thereupon shall certify to the~~	60807
~~treasurer of such local district the correct salary to be paid to~~	60808
~~each teacher in accordance with the adopted schedule.~~	60809

Each teacher who has completed training which would qualify	60810
such teacher for a higher salary bracket pursuant to this section	60811
shall file by the fifteenth day of September with the treasurer of	60812
the board of education or educational service center satisfactory	60813
evidence of the completion of such additional training. The	60814
treasurer shall then immediately place the teacher, pursuant to	60815
this section and section 3317.13 of the Revised Code, in the	60816
proper salary bracket in accordance with training and years of	60817
service before certifying such salary, training, and years of	60818
service to the superintendent of public instruction. No teacher	60819
shall be paid less than the salary to which such teacher is	60820
entitled pursuant to section 3317.13 of the Revised Code.	60821

Sec. 3317.16. (A) The department of education shall compute	60822
and distribute state core foundation funding to each joint	60823
vocational school district for the fiscal year as prescribed in	60824
the following divisions:	60825

(1) An opportunity grant calculated according to the	60826
following formula:	60827

(The formula amount X formula ADM) - (0.0005 X the	60828

district's three-year average valuation)	60829

If the result of the calculation for a joint vocational	60830
school district under division (A)(1) of this section is less than	60831
zero, the joint vocational school district's opportunity grant	60832
shall be zero.	60833

(2) Additional state aid for special education and related	60834
services provided under Chapter 3323. of the Revised Code	60835
calculated as the sum of the following:	60836

(a) The district's category one special education ADM X the	60837
amount specified in division (A) of section 3317.013 of the	60838
Revised Code X the district's state share percentage;	60839

(b) The district's category two special education ADM X the	60840
amount specified in division (B) of section 3317.013 of the	60841
Revised Code X the district's state share percentage;	60842

(c) The district's category three special education ADM X the	60843
amount specified in division (C) of section 3317.013 of the	60844
Revised Code X the district's state share percentage;	60845

(d) The district's category four special education ADM X the	60846
amount specified in division (D) of section 3317.013 of the	60847
Revised Code X the district's state share percentage;	60848

(e) The district's category five special education ADM X the	60849
amount specified in division (E) of section 3317.013 of the	60850
Revised Code X the district's state share percentage;	60851

(f) The district's category six special education ADM X the	60852
amount specified in division (F) of section 3317.013 of the	60853
Revised Code X the district's state share percentage.	60854

(3) Economically disadvantaged funds calculated according to	60855
the following formula:	60856

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	60857

(the district's economically disadvantaged index) X the number	60858

of students who are economically disadvantaged as reported under	60859

division (D)(2)(p) of section 3317.03 of the Revised Code	60860

(4) Limited English proficiency funds calculated as the sum	60861
of the following:	60862

(a) The district's category one limited English proficient	60863
ADM X the amount specified in division (A) of section 3317.016 of	60864
the Revised Code X the district's state share percentage;	60865

(b) The district's category two limited English proficient	60866
ADM X the amount specified in division (B) of section 3317.016 of	60867
the Revised Code X the district's state share percentage;	60868

(c) The district's category three limited English proficient	60869
ADM X the amount specified in division (C) of section 3317.016 of	60870
the Revised Code X the district's state share percentage;	60871

(5) Career-technical education funds calculated as the sum of	60872
the following:	60873

(a) The district's category one career-technical education	60874
ADM X the amount specified in division (A) of section 3317.014 of	60875
the Revised Code X the district's state share percentage;	60876

(b) The district's category two career-technical education	60877
ADM X the amount specified in division (B) of section 3317.014 of	60878
the Revised Code X the district's state share percentage;	60879

(c) The district's category three career-technical education	60880
ADM X the amount specified in division (C) of section 3317.014 of	60881
the Revised Code X the district's state share percentage;	60882

(d) The district's category four career-technical education	60883
ADM X the amount specified in division (D) of section 3317.014 of	60884
the Revised Code X the district's state share percentage;	60885

(e) The district's category five career-technical education	60886
ADM X the amount specified in division (E) of section 3317.014 of	60887
the Revised Code X the district's state share percentage.	60888

Payment of funds under division (A)(5) of this section is	60889
subject to approval under section 3317.161 of the Revised Code.	60890

(6) Career-technical education associated services funds	60891
calculated under the following formula:	60892

The district's state share percentage X the	60893

amount for career-technical education associated services	60894
specified in section 3317.014 of the Revised Code X the sum of	60895
categories one through five career-technical	60896

education ADM	60897

(B)(1) If a joint vocational school district's costs for a	60898
fiscal year for a student in its categories two through six	60899
special education ADM exceed the threshold catastrophic cost for	60900
serving the student, as specified in division (B) of section	60901
3317.0214 of the Revised Code, the district may submit to the	60902
superintendent of public instruction documentation, as prescribed	60903
by the superintendent, of all of its costs for that student. Upon	60904
submission of documentation for a student of the type and in the	60905
manner prescribed, the department shall pay to the district an	60906
amount equal to the sum of the following:	60907

(a) One-half of the district's costs for the student in	60908
excess of the threshold catastrophic cost;	60909

(b) The product of one-half of the district's costs for the	60910
student in excess of the threshold catastrophic cost multiplied by	60911
the district's state share percentage.	60912

(2) The district shall report under division (B)(1) of this	60913
section, and the department shall pay for, only the costs of	60914
educational expenses and the related services provided to the	60915
student in accordance with the student's individualized education	60916
program. Any legal fees, court costs, or other costs associated	60917
with any cause of action relating to the student may not be	60918
included in the amount.	60919

(C)(1) For each student with a disability receiving special	60920
education and related services under an individualized education	60921
program, as defined in section 3323.01 of the Revised Code, at a	60922
joint vocational district, the resident district or, if the	60923
student is enrolled in a community school, the community school	60924
shall be responsible for the amount of any costs of providing	60925
those special education and related services to that student that	60926
exceed the sum of the amount calculated for those services	60927
attributable to that student under division (A) of this section.	60928

Those excess costs shall be calculated by subtracting the sum	60929
of the following from the actual cost to provide special education	60930
and related services to the student:	60931

(a) The formula amount;

60932

(b) The amount specified in section 3317.013 of the Revised	60933
Code that is applicable to the student;	60934

60935

(2) The board of education of the joint vocational school	60936
district may report the excess costs calculated under division	60937
(C)(1) of this section to the department of education.	60938

(3) If the board of education of the joint vocational school	60939
district reports excess costs under division (C)(2) of this	60940
section, the department shall pay the amount of excess cost	60941
calculated under division (C)(2) of this section to the joint	60942
vocational school district and shall deduct that amount as	60943
provided in division (C)(3)(a) or (b) of this section, as	60944
applicable:	60945

(a) If the student is not enrolled in a community school, the	60946
department shall deduct the amount from the account of the	60947
student's resident district pursuant to division (J) of section	60948
3317.023 of the Revised Code.	60949

(b) If the student is enrolled in a community school, the	60950
department shall deduct the amount from the account of the	60951
community school pursuant to section 3314.083 of the Revised Code.	60952

(D)(1) In any fiscal year, a school district receiving funds	60953
under division (A)(5) of this section shall spend those funds only	60954
for the purposes that the department designates as approved for	60955
career-technical education expenses. Career-technical educational	60956
expenses approved by the department shall include only expenses	60957
connected to the delivery of career-technical programming to	60958
career-technical students. The department shall require the school	60959
district to report data annually so that the department may	60960
monitor the district's compliance with the requirements regarding	60961
the manner in which funding received under division (A)(5) of this	60962
section may be spent.	60963

(2) All funds received under division (A)(5) of this section	60964
shall be spent in the following manner:	60965

(a) At least seventy-five per cent of the funds shall be	60966
spent on curriculum development, purchase, and implementation;	60967
instructional resources and supplies; industry-based program	60968
certification; student assessment, credentialing, and placement;	60969
curriculum specific equipment purchases and leases;	60970
career-technical student organization fees and expenses; home and	60971
agency linkages; work-based learning experiences; professional	60972
development; and other costs directly associated with	60973
career-technical education programs including development of new	60974
programs.	60975

(b) Not more than twenty-five per cent of the funds shall be	60976
used for personnel expenditures.	60977

(E) In any fiscal year, a school district receiving funds	60978
under division (A)(6) of this section, or through a transfer of	60979
funds pursuant to division (I) of section 3317.023 of the Revised	60980
Code, shall spend those funds only for the purposes that the	60981
department designates as approved for career-technical education	60982
associated services expenses, which may include such purposes as	60983
apprenticeship coordinators, coordinators for other	60984
career-technical education services, career-technical evaluation,	60985
and other purposes designated by the department. The department	60986
may deny payment under division (A)(6) of this section to any	60987
district that the department determines is not operating those	60988
services or is using funds paid under division (A)(6) of this	60989
section, or through a transfer of funds pursuant to division (I)	60990
of section 3317.023 of the Revised Code, for other purposes.	60991

(F) A joint vocational school district shall spend the funds	60992
it receives under division (A)(3) of this section in accordance	60993
with section 3317.25 of the Revised Code.	60994

(G) As used in this section:

60995

(1) "Community school" means a community school established	60996
under Chapter 3314. of the Revised Code.	60997

(2) "Resident district" means the city, local, or exempted	60998
village school district in which a student is entitled to attend	60999
school under section 3313.64 or 3313.65 of the Revised Code.	61000

(3) "State share percentage" is equal to the following:

61001

The amount computed under division (A)(1) of this section /	61002

(the formula amount X formula ADM)	61003

Sec. 3317.161. (A) As used in this section, "lead district"	61004
has the same meaning as in section 3317.023 of the Revised Code.	61005

(B) The lead district of a career-technical planning district	61006
shall review the career-technical education program of each city,	61007
local, and exempted village school district, each community	61008
school, and each STEM school that is assigned to the	61009
career-technical planning district and determine whether to	61010
approve or disapprove the program. The lead district shall notify	61011
the department of its determination.	61012

(C) Upon receiving notification of a lead district's	61013
approval, the department shall pay to the member city, local, or	61014
exempted village school district or deduct from the state	61015
education aid of a district and pay to a community school or STEM	61016
school the funds attributed to the career-technical students	61017
enrolled in the district or school, according to a payment	61018
schedule prescribed by the department.	61019

(D) Upon receiving notification from a lead district of	61020
disapproval of a city, local, or exempted village school	61021
district's, a community school's, or STEM school's	61022
career-technical education program, the department shall	61023
automatically review the lead district's decision. In reviewing	61024
the lead district's decision, the department shall consider the	61025
demand for the career-technical education program and the	61026
availability of the program within the career-technical planning	61027
district. If, as a result of the review, the department decides to	61028
approve the city, local, or exempted village school district's,	61029
the community school's, or the STEM school's career-technical	61030
education program, the department shall pay the funds to the	61031
district or deduct and pay the funds to the community school or	61032
STEM school in the manner described in division (C) of this	61033
section. The department's decision shall be final.	61034

Sec. 3317.18. (A) As used in this section, the terms	61035
"Chapter 133. securities," "credit enhancement facilities," "debt	61036
charges," "general obligation," "legislation," "public	61037
obligations," and "securities" have the same meanings as in	61038
section 133.01 of the Revised Code.	61039

(B) The board of education of any school district authorizing	61040
the issuance of securities under section 133.10~~, 133.301,~~ or	61041
3313.372 of the Revised Code or general obligation Chapter 133.	61042
securities may adopt legislation requesting the state department	61043
of education to approve, and enter into an agreement with the	61044
school district and the primary paying agent or fiscal agent for	61045
such securities providing for, the withholding and deposit of	61046
funds, otherwise due the district under Chapter 3317. of the	61047
Revised Code, for the payment of debt service charges on such	61048
securities.	61049

The board of education shall deliver to the state department	61050
a copy of such resolution and any additional pertinent information	61051
the state department may require.	61052

The department of education and the office of budget and	61053
management shall evaluate each request received from a school	61054
district under this section and the department, with the advice	61055
and consent of the director of budget and management, shall	61056
approve or deny each request based on all of the following:	61057

(1) Whether approval of the request will enhance the	61058
marketability of the securities for which the request is made;	61059

(2) Any other pertinent factors or limitations established in	61060
rules made under division (I) of this section, including:	61061

(a) Current and projected obligations of funds due to the	61062
requesting school district under Chapter 3317. of the Revised Code	61063
including obligations of those funds to public obligations or	61064
relevant credit enhancement facilities under this section, Chapter	61065
133. and section 3313.483 of the Revised Code, and under any other	61066
similar provisions of law;	61067

(b) Whether the department of education or the office of	61068
budget and management has any reason to believe the requesting	61069
school district will be unable to pay when due the debt charges on	61070
the securities for which the request is made.	61071

The department may require a school district to establish	61072
schedules for the payment of all debt charges that take into	61073
account the amount and timing of anticipated distributions of	61074
funds to the district under Chapter 3317. of the Revised Code.	61075

(C) If the department approves the request of a school	61076
district to withhold and deposit funds pursuant to this section,	61077
the department shall enter into a written agreement with the	61078
district and the primary paying agent or fiscal agent for the	61079
securities which shall provide for the withholding of funds	61080
pursuant to this section for the payment of debt charges on those	61081
securities, and may include both of the following:	61082

(1) Provisions for certification by the district to the	61083
department, at a time prior to any date for the payment of	61084
applicable debt charges, whether the district is able to pay those	61085
debt charges when due;	61086

(2) Requirements that the district deposit amounts for the	61087
payment of debt charges on the securities with the primary paying	61088
agent or fiscal agent for the securities prior to the date on	61089
which those debt charge payments are due to the owners or holders	61090
of the securities.	61091

(D) Whenever a district notifies the department of education	61092
that it will be unable to pay debt charges when they are due,	61093
subject to the withholding provisions of this section, or whenever	61094
the applicable paying agent or fiscal agent notifies the	61095
department that it has not timely received from a school district	61096
the full amount needed for the payment when due of those debt	61097
charges to the holders or owners of such securities, the	61098
department shall immediately contact the school district and the	61099
paying agent or fiscal agent to confirm or determine whether the	61100
district is unable to make the required payment by the date on	61101
which it is due.	61102

Upon demand of the treasurer of state while holding a school	61103
district obligation purchased under division (G)(1) of section	61104
135.143 of the Revised Code, the state department of education,	61105
without a request of the school district, shall withhold and	61106
deposit funds pursuant to this section for payment of debt service	61107
charges on that obligation.	61108

If the department confirms or determines that the district	61109
will be unable to make such payment and payment will not be made	61110
pursuant to a credit enhancement facility, the department shall	61111
promptly pay to the applicable primary paying agent or fiscal	61112
agent the lesser of the amount due for debt charges or the amount	61113
due the district for the remainder of the fiscal year under	61114
Chapter 3317. of the Revised Code. If this amount is insufficient	61115
to pay the total amount then due the agent for the payment of debt	61116
charges, the department shall pay to the agent each fiscal year	61117
thereafter, and until the full amount due the agent for unpaid	61118
debt charges is paid in full, the lesser of the remaining amount	61119
due the agent for debt charges or the amount due the district for	61120
the fiscal year under Chapter 3317. of the Revised Code.	61121

(E) The state department may make any payments under this	61122
division by direct deposit of funds by electronic transfer.	61123

Any amount received by a paying agent or fiscal agent under	61124
this section shall be applied only to the payment of debt charges	61125
on the securities of the school district subject to this section	61126
or to the reimbursement to the provider of a credit enhancement	61127
facility that has paid such debt charges.	61128

(F) To the extent a school district whose securities are	61129
subject to this section is unable to pay applicable debt charges	61130
because of the failure to collect property taxes levied for the	61131
payment of those debt charges, the district may transfer to or	61132
deposit into any fund that would have received payments under	61133
Chapter 3317. of the Revised Code that were withheld under this	61134
section any such delinquent property taxes when later collected,	61135
provided that transfer or deposit shall be limited to the amounts	61136
withheld from that fund under this section.	61137

(G) The department may make payments under this section to	61138
paying agents or fiscal agents only from and to the extent that	61139
money is appropriated by the general assembly for Chapter 3317. of	61140
the Revised Code or for the purposes of this section. No	61141
securities of a school district to which this section is made	61142
applicable constitute an obligation or a debt or a pledge of the	61143
faith, credit, or taxing power of the state, and the holders or	61144
owners of such securities have no right to have taxes levied or	61145
appropriations made by the general assembly for the payment of	61146
debt charges on those securities, and those securities, if the	61147
department requires, shall contain a statement to that effect. The	61148
agreement for or the actual withholding and payment of moneys	61149
under this section does not constitute the assumption by the state	61150
of any debt of a school district.	61151

(H) In the case of securities subject to the withholding	61152
provisions of this section, the issuing board of education shall	61153
appoint a paying agent or fiscal agent who is not an officer or	61154
employee of the school district.	61155

(I) The department of education, with the advice of the	61156
office of budget and management, may adopt reasonable rules not	61157
inconsistent with this section for the implementation of this	61158
section and division (B) of section 133.25 of the Revised Code as	61159
it relates to the withholding and depositing of payments under	61160
Chapter 3317. of the Revised Code to secure payment of debt	61161
charges on school district securities. Those rules shall include	61162
criteria for the evaluation and approval or denial of school	61163
district requests for withholding under this section and limits on	61164
the obligation for the purpose of paying debt charges or	61165
reimbursing credit enhancement facilities of funds otherwise to be	61166
paid to school districts under Chapter 3317. of the Revised Code.	61167

(J) The authority granted by this section is in addition to	61168
and not a limitation on any other authorizations granted by or	61169
pursuant to law for the same or similar purposes.	61170

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	61171
~~allowance" means an amount equal to the sum of the following:~~	61172

~~(1) The total of the salary allowances for the teachers~~	61173
~~employed in the cooperative education school district for all~~	61174
~~units approved under division (B) or (C) of section 3317.05 of the~~	61175
~~Revised Code. The salary allowance for each unit shall equal the~~	61176
~~minimum salary for the teacher of the unit calculated on the basis~~	61177
~~of the teacher's training level and years of experience pursuant~~	61178
~~to the salary schedule prescribed in the version of section~~	61179
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	61180

~~(2) Fifteen per cent of the total computed under division~~	61181
~~(A)(1) of this section;~~	61182

~~(3) The total of the unit operating allowances for all~~	61183
~~approved units. The amount of each allowance shall equal one of~~	61184
~~the following:~~	61185

~~(a) Eight thousand twenty-three dollars times the number of~~	61186
~~units for preschool children with disabilities or fraction thereof~~	61187
~~approved for the year under division (B) of section 3317.05 of the~~	61188
~~Revised Code;~~	61189

~~(b) Two thousand one hundred thirty-two dollars times the~~	61190
~~number of units or fraction thereof approved for the year under~~	61191
~~division (C) of section 3317.05 of the Revised Code.~~	61192

~~(B)~~ The state board of education shall compute and distribute	61193
to each cooperative education school district for each fiscal year	61194
an amount equal to the sum of the following:	61195

~~(1)~~(A) An amount equal to the total of the amounts credited	61196
to the cooperative education school district pursuant to division	61197
(H) of section 3317.023 of the Revised Code;	61198

~~(2) The total unit allowance;~~

61199

~~(3)~~(B) An amount for assisting in providing free lunches to	61200
needy children pursuant to division (D) of section 3317.024 of the	61201
Revised Code.	61202

~~(C) If a cooperative education school district has had~~	61203
~~additional special education units approved for the year under~~	61204
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	61205
~~district shall receive an additional amount during the last half~~	61206
~~of the fiscal year. For each unit, the additional amount shall~~	61207
~~equal fifty per cent of the amount computed under division (A) of~~	61208
~~this section for a unit approved under division (B) of section~~	61209
~~3317.05 of the Revised Code.~~	61210

Sec. 3317.20. This section does not apply to preschool	61211
children with disabilities.	61212

(A) As used in this section:

61213

(1) "Applicable ~~weight~~special education amount" means the	61214
~~multiple~~amount specified in section 3317.013 of the Revised Code	61215
for a disability described in that section.	61216

(2) "Child's school district" means the school district in	61217
which a child is entitled to attend school pursuant to section	61218
3313.64 or 3313.65 of the Revised Code.	61219

(3) "State share ~~percentage~~index" means the state share	61220
~~percentage~~index of the child's school district.	61221

(B) ~~Except as provided in division (C) of this section, the~~	61222
The department shall annually pay each county DD board for each	61223
child with a disability, other than a preschool child with a	61224
disability, for whom the county DD board provides special	61225
education and related services an amount equal to the formula	61226
amount + (state share ~~percentage X formula amount~~index X the	61227
applicable ~~weight~~special education amount).	61228

~~(C) If any school district places with a county DD board more~~	61229
~~children with disabilities than it had placed with a county DD~~	61230
~~board in fiscal year 1998, the department shall not make a payment~~	61231
~~under division (B) of this section for the number of children~~	61232
~~exceeding the number placed in fiscal year 1998. The department~~	61233
~~instead shall deduct from the district's payments under this~~	61234
~~chapter, and pay to the county DD board, an amount calculated in~~	61235
~~accordance with the formula prescribed in division (B) of this~~	61236
~~section for each child over the number of children placed in~~	61237
~~fiscal year 1998.~~	61238

~~(D) The department shall calculate for each county DD board~~	61239
~~receiving payments under divisions (B) and (C) of this section the~~	61240
~~following amounts:~~	61241

~~(1) The amount received by the county DD board for approved~~	61242
~~special education and related services units, other than units for~~	61243
~~preschool children with disabilities, in fiscal year 1998, divided~~	61244
~~by the total number of children served in the units that year;~~	61245

~~(2) The product of the quotient calculated under division~~	61246
~~(D)(1) of this section times the number of children for whom~~	61247
~~payments are made under divisions (B) and (C) of this section.~~	61248

~~If the amount calculated under division (D)(2) of this~~	61249
~~section is greater than the total amount calculated under~~	61250
~~divisions (B) and (C) of this section, the department shall pay~~	61251
~~the county DD board one hundred per cent of the difference in~~	61252
~~addition to the payments under divisions (B) and (C) of this~~	61253
~~section.~~	61254

~~(E)~~(C) Each county DD board shall report to the department,	61255
in the manner specified by the department, the name of each child	61256
for whom the county DD board provides special education and	61257
related services and the child's school district.	61258

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	61259
payments under this section, the department may request from	61260
either of the following entities the data verification code	61261
assigned under division (D)(2) of section 3301.0714 of the Revised	61262
Code to any child who is placed with a county DD board:	61263

(a) The child's school district;

61264

(b) The independent contractor engaged to create and maintain	61265
data verification codes.	61266

(2) Upon a request by the department under division ~~(F)~~(D)(1)	61267
of this section for the data verification code of a child, the	61268
child's school district shall submit that code to the department	61269
in the manner specified by the department. If the child has not	61270
been assigned a code, the district shall assign a code to that	61271
child and submit the code to the department by a date specified by	61272
the department. If the district does not assign a code to the	61273
child by the specified date, the department shall assign a code to	61274
the child.	61275

The department annually shall submit to each school district	61276
the name and data verification code of each child residing in the	61277
district for whom the department has assigned a code under this	61278
division.	61279

(3) The department shall not release any data verification	61280
code that it receives under division ~~(F)~~(D) of this section to any	61281
person except as provided by law.	61282

~~(G)~~(E) Any document relative to special education and related	61283
services provided by a county DD board that the department holds	61284
in its files that contains both a student's name or other	61285
personally identifiable information and the student's data	61286
verification code shall not be a public record under section	61287
149.43 of the Revised Code.	61288

Sec. 3317.201. This section does not apply to preschool	61289
children with disabilities.	61290

(A) As used in this section, the "total special education	61291
~~weight~~amount" for an institution means the sum of the following	61292
amounts:	61293

(1) The number of children reported by the institution under	61294
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61295
receiving services for a disability described in division (A) of	61296
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61297
amount specified in that division;	61298

(2) The number of children reported by the institution under	61299
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61300
receiving services for a disability described in division (B) of	61301
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61302
amount specified in that division;	61303

(3) The number of children reported by the institution under	61304
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61305
receiving services for a disability described in division (C) of	61306
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61307
amount specified in that division;	61308

(4) The number of children reported by the institution under	61309
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61310
receiving services for a disability described in division (D) of	61311
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61312
amount specified in that division;	61313

(5) The number of children reported by the institution under	61314
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61315
receiving services for a disability described in division (E) of	61316
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61317
amount specified in that division;	61318

(6) The number of children reported by the institution under	61319
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61320
receiving services for a disability described in division (F) of	61321
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	61322
amount specified in that division.	61323

(B) For each fiscal year, the department of education shall	61324
pay each state institution required to provide special education	61325
services under division (A) of section 3323.091 of the Revised	61326
Code an amount equal to the ~~greater of:~~	61327

~~(1) The formula amount times the~~ institution's total special	61328
education ~~weight;~~	61329

~~(2) The aggregate amount of special education and related~~	61330
~~services unit funding the institution received for all children~~	61331
~~with disabilities other than preschool children with disabilities~~	61332
~~in fiscal year 2005 under sections 3317.052 and 3317.053 of the~~	61333
~~Revised Code, as those sections existed prior to June 30, 2005~~	61334
amount.	61335

Sec. 3317.25. (A) As used in this section, "economically	61336
disadvantaged funds" means the following:	61337

(1) For a city, local, or exempted village school district,	61338
the funds received under division (A)(5) of section 3317.022 of	61339
the Revised Code;	61340

(2) For a joint vocational school district, the funds	61341
received under division (A)(3) of section 3317.16 of the Revised	61342
Code;	61343

(3) For a community school established under Chapter 3314. of	61344
the Revised Code, the funds received under division (C)(1)(e) of	61345
section 3314.08 of the Revised Code;	61346

(4) For a STEM school established under Chapter 3326. of the	61347
Revised Code, the funds received under division (E) of section	61348
3326.33 of the Revised Code.	61349

(B) In any fiscal year, a city, local, exempted village, or	61350
joint vocational school district, community school, or STEM school	61351
shall spend the economically disadvantaged funds it receives for	61352
any of the following initiatives or a combination of any of the	61353
following initiatives:	61354

(1) Extended school day and school year;

61355

(2) Reading improvement and intervention;

61356

(3) Instructional technology or blended learning;

61357

(4) Professional development in reading instruction for	61358
teachers of students in kindergarten through third grade;	61359

(5) Dropout prevention;

61360

(6) School safety and security measures.

61361

(C) At the end of each fiscal year, each city, local,	61362
exempted village, or joint vocational school district, community	61363
school, and STEM school shall submit a report to the department of	61364
education describing the initiative or initiatives on which the	61365
district's or school's economically disadvantaged funds were spent	61366
during that fiscal year.	61367

(D) Starting in 2015, the department shall submit a report of	61368
the information it receives under division (C) of this section to	61369
the General Assembly not later than the first day of December of	61370
each odd-numbered year in accordance with section 101.68 of the	61371
Revised Code.	61372

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	61373
the custody of a juvenile facility established under section	61374
2151.65 or a detention facility established under section 2152.41	61375
of the Revised Code, ifpayment for the child's education services	61376
shall be administered by one of the following methods:	61377

(1) If the facility educates the child, the facility, or the	61378
chartered nonpublic school it operates, may submit its request for	61379
payment directly to the school district that is to bear the cost	61380
of educating the child, as determined under section 2151.362 of	61381
the Revised Code. That district shall pay the facility or the	61382
chartered nonpublic school directly for those services.	61383

(2) If the facility contracts directly with a school district	61384
in which the facility is located for services for that child, the	61385
school district may submit its request for payment directly to the	61386
school district that is to bear the cost of educating the child,	61387
as determined under section 2151.362 of the Revised Code. That	61388
district shall pay the school district where the facility is	61389
located directly for those services.	61390

(3) If that facility contracts directly with an educational	61391
service center for services for that child, the service center may	61392
submit its request for payment for services for the child directly	61393
to the school district that is responsible to bear the cost of	61394
educating the child, as determined under section 2151.362 of the	61395
Revised Code. That district shall pay the service center directly	61396
for those services. ~~Notwithstanding~~	61397

(B) Notwithstanding anything to the contrary in section	61398
3317.03 of the Revised Code, the district that pays a service	61399
center, facility or chartered nonpublic school the facility	61400
operates, or other school district for services for a particular	61401
child under this section shall include that child in the	61402
district's average daily membership as reported under division (A)	61403
of section 3317.03 of the Revised Code. No other district shall	61404
include the child in its average daily membership.	61405

Payments made for a child under this section shall be	61406
determined in accordance with division (C)(4) of section 3313.64	61407
of the Revised Code.	61408

Sec. 3317.40. (A) As used in this section, "subgroup" means	61409
one of the following subsets of the entire student population of a	61410
school district or a school building:	61411

(1) Students with disabilities;

61412

(2) Economically disadvantaged students;

61413

(3) Limited English proficient students;

61414

(4) Students identified as gifted in superior cognitive	61415
ability and specific academic ability fields under Chapter 3324.	61416
of the Revised Code.	61417

(B) When funds are provided under this chapter specifically	61418
for services for a subgroup of students, the general assembly has	61419
determined that these students experience unique challenges	61420
requiring additional resources and intends that the funds so	61421
provided be used for services that will allow students in those	61422
subgroups to master the knowledge base required for high school	61423
graduation.	61424

(C) If a district or school fails to show satisfactory	61425
achievement and progress, as determined by the state board of	61426
education, for any subgroup of students based on performance	61427
measures reported or graded under section 3302.03 of the Revised	61428
Code, the district or school shall submit an improvement plan to	61429
the department for approval. The plan may be included in any other	61430
improvement plan required of the district or school under state or	61431
federal law. The department may require that a plan required under	61432
division (C) of this section include an agreement to partner with	61433
another organization that has demonstrated the ability to improve	61434
the educational outcome for that subgroup of students to provide	61435
services to those students. The partner organization may be	61436
another school, district, or other education provider.	61437

Not later than December 31, 2014, the state board of	61438
education shall establish measures of satisfactory achievement and	61439
progress, which include, but are not limited to, performance	61440
measures under section 3302.03 of the Revised Code. The department	61441
shall make the initial determination of satisfactory achievement	61442
and progress under this section using those measures not later	61443
than September 1, 2015, and then make determinations under this	61444
section annually thereafter.	61445

The department shall publish a list of schools, school	61446
districts, and other educational providers that have demonstrated	61447
an ability to serve each subgroup of students.	61448

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	61449
hereby created in the state treasury. The fund shall consist of	61450
certain excess local exchange telephone company contributions	61451
transferred from the reserve fund of the Ohio telecommunications	61452
advisory board pursuant to an agreement between the public	61453
utilities commission of Ohio and the Ohio department of education.	61454
The fund shall be used by the chancellor of the Ohio board of	61455
regents, in the amounts appropriated, to finance technology grants	61456
to state-chartered elementary and secondary schools. Investment	61457
earnings of the fund shall be credited to the fund.	61458

Sec. 3317.51. (A) The distance learning fund is hereby	61459
created in the state treasury. The fund shall consist of moneys	61460
paid ~~to the eTech Ohio commission~~ by any telephone company as a	61461
part of a settlement agreement between such company and the public	61462
utilities commission in fiscal year 1995 in part to establish	61463
distance learning throughout the state. The ~~commission~~chancellor	61464
of the Ohio board of regents shall administer the fund and expend	61465
moneys from it to finance technology grants to eligible schools	61466
chartered by the state board of education to establish distance	61467
learning in those schools. Chartered schools are eligible for	61468
funds if they are within the service area of the telephone	61469
company. Investment earnings of the fund shall be credited to the	61470
fund.	61471

(B) For purposes of this section, "distance learning" means	61472
the creation of a learning environment involving a school setting	61473
and at least one other location outside of the school which allows	61474
for information available at one site to be accessed at the other	61475
through the use of such educational applications as one-way or	61476
two-way transmission of data, voice, and video, singularly or in	61477
appropriate combinations.	61478

Sec. 3318.011. For purposes of providing assistance under	61479
sections 3318.01 to 3318.20 of the Revised Code, the department of	61480
education shall annually do all of the following:	61481

(A) Calculate the adjusted valuation per pupil of each city,	61482
local, and exempted village school district according to the	61483
following formula:	61484

The district's valuation per pupil -	61485

[$30,000 X (1 - the district's income factor)].	61486

For purposes of this calculation:

61487

(1) Except for a district with an open enrollment net gain	61488
that is ten per cent or more of its formula ADM, "valuation per	61489
pupil" for a district means its average taxable value, divided by	61490
its formula ADM for the previous fiscal year. "Valuation per	61491
pupil," for a district with an open enrollment net gain that is	61492
ten per cent or more of its formula ADM, means its average taxable	61493
value, divided by the sum of its formula ADM for the previous	61494
fiscal year plus its open enrollment net gain for the previous	61495
fiscal year.	61496

(2) "Average taxable value" means the average of the sum of	61497
the amounts certified for a district under divisions (A)(1) and	61498
(2) of section 3317.021 of the Revised Code in the second, third,	61499
and fourth preceding fiscal years.	61500

(3) "Entitled to attend school" means entitled to attend	61501
school in a city, local, or exempted village school district under	61502
section 3313.64 or 3313.65 of the Revised Code.	61503

(4) "Formula ADM" ~~and "income factor" have~~has the same	61504
~~meanings~~meaning as in section 3317.02 of the Revised Code.	61505

(5) "Native student" has the same meaning as in section	61506
3313.98 of the Revised Code.	61507

(6) "Open enrollment net gain" for a district means (a) the	61508
number of the students entitled to attend school in another	61509
district but who are enrolled in the schools of the district under	61510
its open enrollment policy minus (b) the number of the district's	61511
native students who are enrolled in the schools of another	61512
district under the other district's open enrollment policy, both	61513
numbers as certified to the department under section 3313.981 of	61514
the Revised Code. If the difference is a negative number, the	61515
district's "open enrollment net gain" is zero.	61516

(7) "Open enrollment policy" means an interdistrict open	61517
enrollment policy adopted under section 3313.98 of the Revised	61518
Code.	61519

(8) "District median income" means the median Ohio adjusted	61520
gross income certified for a school district under section	61521
3317.021 of the Revised Code.	61522

(9) "Statewide median income" means the median district	61523
median income of all city, exempted village, and local school	61524
districts in the state.	61525

(10) "Income factor" for a city, exempted village, or local	61526
school district means the quotient obtained by dividing that	61527
district's median income by the statewide median income.	61528

(B) Calculate for each district the three-year average of the	61529
adjusted valuations per pupil calculated for the district for the	61530
current and two preceding fiscal years;	61531

(C) Rank all such districts in order of adjusted valuation	61532
per pupil from the district with the lowest three-year average	61533
adjusted valuation per pupil to the district with the highest	61534
three-year average adjusted valuation per pupil;	61535

(D) Divide such ranking into percentiles with the first	61536
percentile containing the one per cent of school districts having	61537
the lowest three-year average adjusted valuations per pupil and	61538
the one-hundredth percentile containing the one per cent of school	61539
districts having the highest three-year average adjusted	61540
valuations per pupil;	61541

(E) Determine the school districts that have three-year	61542
average adjusted valuations per pupil that are greater than the	61543
median three-year average adjusted valuation per pupil for all	61544
school districts in the state;	61545

(F) On or before the first day of September, certify the	61546
information described in divisions (A) to (E) of this section to	61547
the Ohio school facilities commission.	61548

Sec. 3318.031. (A) The Ohio school facilities commission	61549
shall consider student and staff safety and health when reviewing	61550
design plans for classroom facility construction projects proposed	61551
under this chapter. After consulting with appropriate education,	61552
health, and law enforcement personnel, the commission may require	61553
as a condition of project approval under either section 3318.03 or	61554
division (B)(1) of section 3318.41 of the Revised Code such	61555
changes in the design plans as the commission believes will	61556
advance or improve student and staff safety and health in the	61557
proposed classroom facility.	61558

To carry out its duties under this division, the commission	61559
shall review and, if necessary, amend any construction and design	61560
standards used in its project approval process, including	61561
standards for location and number of exits, standards for lead	61562
safety in classroom facilities constructed before 1978 in which	61563
services are provided to children under six years of age, and	61564
location of restrooms, with a focus on advancing student and staff	61565
safety and health.	61566

(B) When reviewing design standards for classroom facility	61567
construction projects proposed under this chapter, the commission	61568
shall also consider the extent to which the design standards	61569
support the following:	61570

(1) ~~Support and facilitation of smaller classes and the trend~~	61571
~~toward smaller schools~~Trends in educational delivery methods,	61572
including digital access and blended learning;	61573

(2) Provision of sufficient space for training new teachers	61574
and promotion of collaboration among teaching candidates,	61575
experienced teachers, and teacher educators;	61576

(3) Provision of adequate space for teacher planning and	61577
collaboration;	61578

(4) Provision of adequate space for parent involvement	61579
activities;	61580

(5) Provision of sufficient space for innovative partnerships	61581
between schools and health and social service agencies.	61582

Sec. 3318.08. Except in the case of a joint vocational	61583
school district that receives assistance under sections 3318.40 to	61584
3318.45 of the Revised Code, if the requisite favorable vote on	61585
the election is obtained, or if the school district board has	61586
resolved to apply the proceeds of a property tax levy or the	61587
proceeds of an income tax, or a combination of proceeds from such	61588
taxes, as authorized in section 3318.052 of the Revised Code, the	61589
Ohio school facilities commission, upon certification to it of	61590
either the results of the election or the resolution under section	61591
3318.052 of the Revised Code, shall enter into a written agreement	61592
with the school district board for the construction and sale of	61593
the project. In the case of a joint vocational school district	61594
that receives assistance under sections 3318.40 to 3318.45 of the	61595
Revised Code, if the school district board of education and the	61596
school district electors have satisfied the conditions prescribed	61597
in division (D)(1) of section 3318.41 of the Revised Code, the	61598
commission shall enter into an agreement with the school district	61599
board for the construction and sale of the project. In either	61600
case, the agreement shall include, but need not be limited to, the	61601
following provisions:	61602

(A) The sale and issuance of bonds or notes in anticipation	61603
thereof, as soon as practicable after the execution of the	61604
agreement, in an amount equal to the school district's portion of	61605
the basic project cost, including any securities authorized under	61606
division (J) of section 133.06 of the Revised Code and dedicated	61607
by the school district board to payment of the district's portion	61608
of the basic project cost of the project; provided, that if at	61609
that time the county treasurer of each county in which the school	61610
district is located has not commenced the collection of taxes on	61611
the general duplicate of real and public utility property for the	61612
year in which the controlling board approved the project, the	61613
school district board shall authorize the issuance of a first	61614
installment of bond anticipation notes in an amount specified by	61615
the agreement, which amount shall not exceed an amount necessary	61616
to raise the net bonded indebtedness of the school district as of	61617
the date of the controlling board's approval to within five	61618
thousand dollars of the required level of indebtedness for the	61619
preceding year. In the event that a first installment of bond	61620
anticipation notes is issued, the school district board shall, as	61621
soon as practicable after the county treasurer of each county in	61622
which the school district is located has commenced the collection	61623
of taxes on the general duplicate of real and public utility	61624
property for the year in which the controlling board approved the	61625
project, authorize the issuance of a second and final installment	61626
of bond anticipation notes or a first and final issue of bonds.	61627

The combined value of the first and second installment of	61628
bond anticipation notes or the value of the first and final issue	61629
of bonds shall be equal to the school district's portion of the	61630
basic project cost. The proceeds of any such bonds shall be used	61631
first to retire any bond anticipation notes. Otherwise, the	61632
proceeds of such bonds and of any bond anticipation notes, except	61633
the premium and accrued interest thereon, shall be deposited in	61634
the school district's project construction fund. In determining	61635
the amount of net bonded indebtedness for the purpose of fixing	61636
the amount of an issue of either bonds or bond anticipation notes,	61637
gross indebtedness shall be reduced by moneys in the bond	61638
retirement fund only to the extent of the moneys therein on the	61639
first day of the year preceding the year in which the controlling	61640
board approved the project. Should there be a decrease in the tax	61641
valuation of the school district so that the amount of	61642
indebtedness that can be incurred on the tax duplicates for the	61643
year in which the controlling board approved the project is less	61644
than the amount of the first installment of bond anticipation	61645
notes, there shall be paid from the school district's project	61646
construction fund to the school district's bond retirement fund to	61647
be applied against such notes an amount sufficient to cause the	61648
net bonded indebtedness of the school district, as of the first	61649
day of the year following the year in which the controlling board	61650
approved the project, to be within five thousand dollars of the	61651
required level of indebtedness for the year in which the	61652
controlling board approved the project. The maximum amount of	61653
indebtedness to be incurred by any school district board as its	61654
share of the cost of the project is either an amount that will	61655
cause its net bonded indebtedness, as of the first day of the year	61656
following the year in which the controlling board approved the	61657
project, to be within five thousand dollars of the required level	61658
of indebtedness, or an amount equal to the required percentage of	61659
the basic project costs, whichever is greater. All bonds and bond	61660
anticipation notes shall be issued in accordance with Chapter 133.	61661
of the Revised Code, and notes may be renewed as provided in	61662
section 133.22 of the Revised Code.	61663

(B) The transfer of such funds of the school district board	61664
available for the project, together with the proceeds of the sale	61665
of the bonds or notes, except premium, accrued interest, and	61666
interest included in the amount of the issue, to the school	61667
district's project construction fund;	61668

(C) For all school districts except joint vocational school	61669
districts that receive assistance under sections 3318.40 to	61670
3318.45 of the Revised Code, the following provisions as	61671
applicable:	61672

(1) If section 3318.052 of the Revised Code applies, the	61673
earmarking of the proceeds of a tax levied under section 5705.21	61674
of the Revised Code for general permanent improvements or under	61675
section 5705.218 of the Revised Code for the purpose of permanent	61676
improvements, or the proceeds of a school district income tax	61677
levied under Chapter 5748. of the Revised Code, or the proceeds	61678
from a combination of those two taxes, in an amount to pay all or	61679
part of the service charges on bonds issued to pay the school	61680
district portion of the project and an amount equivalent to all or	61681
part of the tax required under division (B) of section 3318.05 of	61682
the Revised Code;	61683

(2) If section 3318.052 of the Revised Code does not apply,	61684
one of the following:	61685

(a) The levy of the tax authorized at the election for the	61686
payment of maintenance costs, as specified in division (B) of	61687
section 3318.05 of the Revised Code;	61688

(b) If the school district electors have approved a	61689
continuing tax for general permanent improvements under section	61690
5705.21 of the Revised Code and that tax can be used for	61691
maintenance, the earmarking of an amount of the proceeds from such	61692
tax for maintenance of classroom facilities as specified in	61693
division (B) of section 3318.05 of the Revised Code;	61694

(c) If, in lieu of the tax otherwise required under division	61695
(B) of section 3318.05 of the Revised Code, the commission has	61696
approved the transfer of money to the maintenance fund in	61697
accordance with section 3318.051 of the Revised Code, a	61698
requirement that the district board comply with the provisions of	61699
that section. The district board may rescind the provision	61700
prescribed under division (C)(2)(c) of this section only so long	61701
as the electors of the district have approved, in accordance with	61702
section 3318.063 of the Revised Code, the levy of a tax for the	61703
maintenance of the classroom facilities acquired under the	61704
district's project and that levy continues to be collected as	61705
approved by the electors.	61706

(D) For joint vocational school districts that receive	61707
assistance under sections 3318.40 to 3318.45 of the Revised Code,	61708
provision for deposit of school district moneys dedicated to	61709
maintenance of the classroom facilities acquired under those	61710
sections as prescribed in section 3318.43 of the Revised Code;	61711

(E) Dedication of any local donated contribution as provided	61712
for under section 3318.084 of the Revised Code, including a	61713
schedule for depositing such moneys applied as an offset of the	61714
district's obligation to levy the tax described in division (B) of	61715
section 3318.05 of the Revised Code as required under division	61716
(D)(2) of section 3318.084 of the Revised Code;	61717

(F) Ownership of or interest in the project during the period	61718
of construction, which shall be divided between the commission and	61719
the school district board in proportion to their respective	61720
contributions to the school district's project construction fund;	61721

(G) Maintenance of the state's interest in the project until	61722
any obligations issued for the project under section 3318.26 of	61723
the Revised Code are no longer outstanding;	61724

(H) The insurance of the project by the school district from	61725
the time there is an insurable interest therein and so long as the	61726
state retains any ownership or interest in the project pursuant to	61727
division (F) of this section, in such amounts and against such	61728
risks as the commission shall require; provided, that the cost of	61729
any required insurance until the project is completed shall be a	61730
part of the basic project cost;	61731

(I) The certification by the director of budget and	61732
management that funds are available and have been set aside to	61733
meet the state's share of the basic project cost as approved by	61734
the controlling board pursuant to either section 3318.04 or	61735
division (B)(1) of section 3318.41 of the Revised Code;	61736

(J) Authorization of the school district board to advertise	61737
for and receive construction bids for the project, for and on	61738
behalf of the commission, and to award contracts in the name of	61739
the state subject to approval by the commission;	61740

(K) Provisions for the disbursement of moneys from the school	61741
district's project account upon issuance by the commission or the	61742
commission's designated representative of vouchers for work done	61743
to be certified to the commission by the treasurer of the school	61744
district board;	61745

(L) Disposal of any balance left in the school district's	61746
project construction fund upon completion of the project;	61747

(M) Limitations upon use of the project or any part of it so	61748
long as any obligations issued to finance the project under	61749
section 3318.26 of the Revised Code are outstanding;	61750

(N) Provision for vesting the state's interest in the project	61751
to the school district board when the obligations issued to	61752
finance the project under section 3318.26 of the Revised Code are	61753
outstanding;	61754

(O) Provision for deposit of an executed copy of the	61755
agreement in the office of the commission;	61756

(P) Provision for termination of the contract and release of	61757
the funds encumbered at the time of the conditional approval, if	61758
the proceeds of the sale of the bonds of the school district board	61759
are not paid into the school district's project construction fund	61760
and if bids for the construction of the project have not been	61761
taken within such period after the execution of the agreement as	61762
may be fixed by the commission;	61763

(Q) Provision for the school district to maintain the project	61764
in accordance with a plan approved by the commission;	61765

(R) Provision that all state funds reserved and encumbered to	61766
pay the state share of the cost of the project and the funds	61767
provided by the school district to pay for its share of the	61768
project cost, including the respective shares of the cost of a	61769
segment if the project is divided into segments, be spent on the	61770
construction and acquisition of the project or segment	61771
simultaneously in proportion to the state's and the school	61772
district's respective shares of that basic project cost as	61773
determined under section 3318.032 of the Revised Code or, if the	61774
district is a joint vocational school district, under section	61775
3318.42 of the Revised Code. However, if the school district	61776
certifies to the commission that expenditure by the school	61777
district is necessary to maintain the federal tax status or	61778
tax-exempt status of notes or bonds issued by the school district	61779
to pay for its share of the project cost or to comply with	61780
applicable temporary investment periods or spending exceptions to	61781
rebate as provided for under federal law in regard to those notes	61782
or bonds, the school district may commit to spend, or spend, a	61783
greater portion of the funds it provides during any specific	61784
period than would otherwise be required under this division.	61785

(S) A provision stipulating that the commission may prohibit	61786
the district from proceeding with any project if the commission	61787
determines that the site is not suitable for construction	61788
purposes. The commission may perform soil tests in its	61789
determination of whether a site is appropriate for construction	61790
purposes.	61791

(T) A provision stipulating that, unless otherwise authorized	61792
by the commission, any contingency reserve portion of the	61793
construction budget prescribed by the commission shall be used	61794
only to pay costs resulting from unforeseen job conditions, to	61795
comply with rulings regarding building and other codes, to pay	61796
costs related to design clarifications or corrections to contract	61797
documents, and to pay the costs of settlements or judgments	61798
related to the project as provided under section 3318.086 of the	61799
Revised Code;	61800

(U) ~~Provision~~A provision stipulating that for continued	61801
release of project funds the school district board shall comply	61802
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	61803
throughout the project and shall notify the department of	61804
education and the Ohio community school association when the board	61805
plans to dispose of facilities by sale under that section;	61806

(V) ~~Provision~~A provision stipulating that the commission	61807
shall not approve a contract for demolition of a facility until	61808
the school district board has complied with ~~section~~sections	61809
3313.41 and 3313.411 of the Revised Code relative to that	61810
facility, unless demolition of that facility is to clear a site	61811
for construction of a replacement facility included in the	61812
district's project;	61813

(W) A requirement for the school district to adhere to a	61814
facilities maintenance plan approved by the commission.	61815

Sec. 3318.31. (A) The Ohio school facilities commission may	61816
perform any act and ensure the performance of any function	61817
necessary or appropriate to carry out the purposes of, and	61818
exercise the powers granted under, Chapter 3318. of the Revised	61819
Code, including any of the following:	61820

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	61821
the Revised Code, rules for the administration of programs	61822
authorized under Chapter 3318. of the Revised Code.	61823

(2) Contract with, retain the services of, or designate, and	61824
fix the compensation of, such agents, accountants, consultants,	61825
advisers, and other independent contractors as may be necessary or	61826
desirable to carry out the programs authorized under Chapter 3318.	61827
of the Revised Code, or authorize the executive director to	61828
perform such powers and duties.	61829

(3) Receive and accept any gifts, grants, donations, and	61830
pledges, and receipts therefrom, to be used for the programs	61831
authorized under Chapter 3318. of the Revised Code.	61832

(4) Make and enter into all contracts, commitments, and	61833
agreements, and execute all instruments, necessary or incidental	61834
to the performance of its duties and the execution of its rights	61835
and powers under Chapter 3318. of the Revised Code, or authorize	61836
the executive director or the Ohio facilities construction	61837
commission to perform such powers and duties.	61838

(5) Request the Ohio facilities construction commission to	61839
debar a contractor as provided in section 153.02 of the Revised	61840
Code.	61841

(B) The ~~Ohio school facilities commission shall appoint and~~	61842
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	61843
facilities construction commission, as appointed under division	61844
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	61845
~~pleasure of~~as the executive director for the Ohio school	61846
facilities commission. The executive director shall exercise all	61847
powers that the Ohio school facilities commission possesses,	61848
supervise the operations of the Ohio school facilities commission	61849
and perform such other duties as delegated by the Ohio school	61850
facilities commission. The executive director also shall employ	61851
and fix the compensation of such employees as will facilitate the	61852
activities and purposes of the Ohio school facilities commission,	61853
who shall serve at the pleasure of the executive director. The	61854
employees of the Ohio school facilities commission shall be exempt	61855
from Chapter 4117. of the Revised Code and shall not be public	61856
employees as defined in section 4117.01 of the Revised Code. Any	61857
agreement entered into prior to July 1, 2012, between the office	61858
of collective bargaining and the exclusive representative for	61859
employees of the commission is binding and shall continue to have	61860
effect.	61861

(C) The attorney general shall serve as the legal	61862
representative for the Ohio school facilities commission and may	61863
appoint other counsel as necessary for that purpose in accordance	61864
with section 109.07 of the Revised Code.	61865

Sec. 3318.36. (A)(1) As used in this section:

61866

(a) "Ohio school facilities commission," "classroom	61867
facilities," "school district," "school district board," "net	61868
bonded indebtedness," "required percentage of the basic project	61869
costs," "basic project cost," "valuation," and "percentile" have	61870
the same meanings as in section 3318.01 of the Revised Code.	61871

(b) "Required level of indebtedness" means five per cent of	61872
the school district's valuation for the year preceding the year in	61873
which the commission and school district enter into an agreement	61874
under division (B) of this section, plus [two one-hundredths of	61875
one per cent multiplied by (the percentile in which the district	61876
ranks minus one)].	61877

(c) "Local resources" means any moneys generated in any	61878
manner permitted for a school district board to raise the school	61879
district portion of a project undertaken with assistance under	61880
sections 3318.01 to 3318.20 of the Revised Code.	61881

(d) "Tangible personal property phase-out impacted district"	61882
means a school district for which the taxable value of its	61883
tangible personal property certified under division (A)(2) of	61884
section 3317.021 of the Revised Code for tax year 2005, excluding	61885
the taxable value of public utility personal property, made up	61886
eighteen per cent or more of its total taxable value for tax year	61887
2005 as certified under that section.	61888

(2) For purposes of determining the required level of	61889
indebtedness, the required percentage of the basic project costs	61890
under division (C)(1) of this section, and priority for assistance	61891
under sections 3318.01 to 3318.20 of the Revised Code, the	61892
percentile ranking of a school district with which the commission	61893
has entered into an agreement under this section between the first	61894
day of July and the thirty-first day of August in each fiscal year	61895
is the percentile ranking calculated for that district for the	61896
immediately preceding fiscal year, and the percentile ranking of a	61897
school district with which the commission has entered into such	61898
agreement between the first day of September and the thirtieth day	61899
of June in each fiscal year is the percentile ranking calculated	61900
for that district for the current fiscal year. However, in the	61901
case of a tangible personal property phase-out impacted district,	61902
the district's priority for assistance under sections 3318.01 to	61903
3318.20 of the Revised Code and its portion of the basic project	61904
cost under those sections shall be determined in the manner	61905
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	61906
this section.	61907

(B)(1) There is hereby established the school building	61908
assistance expedited local partnership program. Under the program,	61909
the Ohio school facilities commission may enter into an agreement	61910
with the board of any school district under which the board may	61911
proceed with the new construction or major repairs of a part of	61912
the district's classroom facilities needs, as determined under	61913
sections 3318.01 to 3318.20 of the Revised Code, through the	61914
expenditure of local resources prior to the school district's	61915
eligibility for state assistance under those sections, and may	61916
apply that expenditure toward meeting the school district's	61917
portion of the basic project cost of the total of the district's	61918
classroom facilities needs, as recalculated under division (E) of	61919
this section, when the district becomes eligible for state	61920
assistance under sections 3318.01 to 3318.20 or section 3318.364	61921
of the Revised Code. Any school district that is reasonably	61922
expected to receive assistance under sections 3318.01 to 3318.20	61923
of the Revised Code within two fiscal years from the date the	61924
school district adopts its resolution under division (B) of this	61925
section shall not be eligible to participate in the program	61926
established under this section.	61927

(2) To participate in the program, a school district board	61928
shall first adopt a resolution certifying to the commission the	61929
board's intent to participate in the program.	61930

The resolution shall specify the approximate date that the	61931
board intends to seek elector approval of any bond or tax measures	61932
or to apply other local resources to use to pay the cost of	61933
classroom facilities to be constructed under this section. The	61934
resolution may specify the application of local resources or	61935
elector-approved bond or tax measures after the resolution is	61936
adopted by the board, and in such case the board may proceed with	61937
a discrete portion of its project under this section as soon as	61938
the commission and the controlling board have approved the basic	61939
project cost of the district's classroom facilities needs as	61940
specified in division (D) of this section. The board shall submit	61941
its resolution to the commission not later than ten days after the	61942
date the resolution is adopted by the board.	61943

The commission shall not consider any resolution that is	61944
submitted pursuant to division (B)(2) of this section, as amended	61945
by this amendment, sooner than September 14, 2000.	61946

(3) For purposes of determining when a district that enters	61947
into an agreement under this section becomes eligible for	61948
assistance under sections 3318.01 to 3318.20 of the Revised Code	61949
or priority for assistance under section 3318.364 of the Revised	61950
Code, the commission shall use one of the following as applicable:	61951

(a) Except for a tangible personal property phase-out	61952
impacted district, the district's percentile ranking determined at	61953
the time the district entered into the agreement under this	61954
section, as prescribed by division (A)(2) of this section;	61955

(b) For a tangible personal property phase-out impacted	61956
district, the lesser of (i) the district's percentile ranking	61957
determined at the time the district entered into the agreement	61958
under this section, as prescribed by division (A)(2) of this	61959
section, or (ii) the district's current percentile ranking under	61960
section 3318.011 of the Revised Code.	61961

(4) Any project under this section shall comply with section	61962
3318.03 of the Revised Code and with any specifications for plans	61963
and materials for classroom facilities adopted by the commission	61964
under section 3318.04 of the Revised Code.	61965

(5) If a school district that enters into an agreement under	61966
this section has not begun a project applying local resources as	61967
provided for under that agreement at the time the district is	61968
notified by the commission that it is eligible to receive state	61969
assistance under sections 3318.01 to 3318.20 of the Revised Code,	61970
all assessment and agreement documents entered into under this	61971
section are void.	61972

(6) Only construction of or repairs to classroom facilities	61973
that have been approved by the commission and have been therefore	61974
included as part of a district's basic project cost qualify for	61975
application of local resources under this section.	61976

(C) Based on the results of on-site visits and assessment,	61977
the commission shall determine the basic project cost of the	61978
school district's classroom facilities needs. The commission shall	61979
determine the school district's portion of such basic project	61980
cost, which shall be the greater of:	61981

(1) The required percentage of the basic project costs,	61982
determined based on the school district's percentile ranking;	61983

(2) An amount necessary to raise the school district's net	61984
bonded indebtedness, as of the fiscal year the commission and the	61985
school district enter into the agreement under division (B) of	61986
this section, to within five thousand dollars of the required	61987
level of indebtedness.	61988

(D)(1) When the commission determines the basic project cost	61989
of the classroom facilities needs of a school district and the	61990
school district's portion of that basic project cost under	61991
division (C) of this section, the project shall be conditionally	61992
approved. Such conditional approval shall be submitted to the	61993
controlling board for approval thereof. The controlling board	61994
shall forthwith approve or reject the commission's determination,	61995
conditional approval, and the amount of the state's portion of the	61996
basic project cost; however, no state funds shall be encumbered	61997
under this section. Upon approval by the controlling board, the	61998
school district board may identify a discrete part of its	61999
classroom facilities needs, which shall include only new	62000
construction of or additions or major repairs to a particular	62001
building, to address with local resources. Upon identifying a part	62002
of the school district's basic project cost to address with local	62003
resources, the school district board may allocate any available	62004
school district moneys to pay the cost of that identified part,	62005
including the proceeds of an issuance of bonds if approved by the	62006
electors of the school district.	62007

All local resources utilized under this division shall first	62008
be deposited in the project construction account required under	62009
section 3318.08 of the Revised Code.	62010

(2) Unless the school district board exercises its option	62011
under division (D)(3) of this section, for a school district to	62012
qualify for participation in the program authorized under this	62013
section, one of the following conditions shall be satisfied:	62014

(a) The electors of the school district by a majority vote	62015
shall approve the levy of taxes outside the ten-mill limitation	62016
for a period of twenty-three years at the rate of not less than	62017
one-half mill for each dollar of valuation to be used to pay the	62018
cost of maintaining the classroom facilities included in the basic	62019
project cost as determined by the commission. The form of the	62020
ballot to be used to submit the question whether to approve the	62021
tax required under this division to the electors of the school	62022
district shall be the form for an additional levy of taxes	62023
prescribed in section 3318.361 of the Revised Code, which may be	62024
combined in a single ballot question with the questions prescribed	62025
under section 5705.218 of the Revised Code.	62026

(b) As authorized under division (C) of section 3318.05 of	62027
the Revised Code, the school district board shall earmark from the	62028
proceeds of a permanent improvement tax levied under section	62029
5705.21 of the Revised Code, an amount equivalent to the	62030
additional tax otherwise required under division (D)(2)(a) of this	62031
section for the maintenance of the classroom facilities included	62032
in the basic project cost as determined by the commission.	62033

(c) As authorized under section 3318.051 of the Revised Code,	62034
the school district board shall, if approved by the commission,	62035
annually transfer into the maintenance fund required under section	62036
3318.05 of the Revised Code the amount prescribed in section	62037
3318.051 of the Revised Code in lieu of the tax otherwise required	62038
under division (D)(2)(a) of this section for the maintenance of	62039
the classroom facilities included in the basic project cost as	62040
determined by the commission.	62041

(d) If the school district board has rescinded the agreement	62042
to make transfers under section 3318.051 of the Revised Code, as	62043
provided under division (F) of that section, the electors of the	62044
school district, in accordance with section 3318.063 of the	62045
Revised Code, first shall approve the levy of taxes outside the	62046
ten-mill limitation for the period specified in that section at a	62047
rate of not less than one-half mill for each dollar of valuation.	62048

(e) The school district board shall apply the proceeds of a	62049
tax to leverage bonds as authorized under section 3318.052 of the	62050
Revised Code or dedicate a local donated contribution in the	62051
manner described in division (B) of section 3318.084 of the	62052
Revised Code in an amount equivalent to the additional tax	62053
otherwise required under division (D)(2)(a) of this section for	62054
the maintenance of the classroom facilities included in the basic	62055
project cost as determined by the commission.	62056

(3) A school district board may opt to delay taking any of	62057
the actions described in division (D)(2) of this section until the	62058
school district becomes eligible for state assistance under	62059
sections 3318.01 to 3318.20 of the Revised Code. In order to	62060
exercise this option, the board shall certify to the commission a	62061
resolution indicating the board's intent to do so prior to	62062
entering into an agreement under division (B) of this section.	62063

(4) If pursuant to division (D)(3) of this section a district	62064
board opts to delay levying an additional tax until the district	62065
becomes eligible for state assistance, it shall submit the	62066
question of levying that tax to the district electors as follows:	62067

(a) In accordance with section 3318.06 of the Revised Code if	62068
it will also be necessary pursuant to division (E) of this section	62069
to submit a proposal for approval of a bond issue;	62070

(b) In accordance with section 3318.361 of the Revised Code	62071
if it is not necessary to also submit a proposal for approval of a	62072
bond issue pursuant to division (E) of this section.	62073

(5) No state assistance under sections 3318.01 to 3318.20 of	62074
the Revised Code shall be released until a school district board	62075
that adopts and certifies a resolution under division (D) of this	62076
section also demonstrates to the satisfaction of the commission	62077
compliance with the provisions of division (D)(2) of this section.	62078

Any amount required for maintenance under division (D)(2) of	62079
this section shall be deposited into a separate fund as specified	62080
in division (B) of section 3318.05 of the Revised Code.	62081

(E)(1) If the school district becomes eligible for state	62082
assistance under sections 3318.01 to 3318.20 of the Revised Code	62083
based on its percentile ranking under division (B)(3) of this	62084
section or is offered assistance under section 3318.364 of the	62085
Revised Code, the commission shall conduct a new assessment of the	62086
school district's classroom facilities needs and shall recalculate	62087
the basic project cost based on this new assessment. The basic	62088
project cost recalculated under this division shall include the	62089
amount of expenditures made by the school district board under	62090
division (D)(1) of this section. The commission shall then	62091
recalculate the school district's portion of the new basic project	62092
cost, which shall be one of the following as applicable:	62093

(a) Except for a tangible personal property phase-out	62094
impacted district, the percentage of the original basic project	62095
cost assigned to the school district as its portion under division	62096
(C) of this section;	62097

(b) For a tangible personal property phase-out impacted	62098
district, the lesser of (i) the percentage of the original basic	62099
project cost assigned to the school district as its portion under	62100
division (C) of this section, or (ii) the percentage of the new	62101
basic project cost determined under section 3318.032 of the	62102
Revised Code using the district's current percentile ranking under	62103
section 3318.011 of the Revised Code. ~~The~~	62104

The commission shall deduct the expenditure of school	62105
district moneys made under division (D)(1) of this section from	62106
the school district's portion of the basic project cost as	62107
recalculated under this division. If the amount of school district	62108
resources applied by the school district board to the school	62109
district's portion of the basic project cost under this section is	62110
less than the total amount of such portion as recalculated under	62111
this division, the school district board by a majority vote of all	62112
of its members shall, if it desires to seek state assistance under	62113
sections 3318.01 to 3318.20 of the Revised Code, adopt a	62114
resolution as specified in section 3318.06 of the Revised Code to	62115
submit to the electors of the school district the question of	62116
approval of a bond issue in order to pay any additional amount of	62117
school district portion required for state assistance. Any tax	62118
levy approved under division (D) of this section satisfies the	62119
requirements to levy the additional tax under section 3318.06 of	62120
the Revised Code.	62121

(2) If the amount of school district resources applied by the	62122
school district board to the school district's portion of the	62123
basic project cost under this section is more than the total	62124
amount of such portion as recalculated under ~~this~~ division (E)(1)	62125
of this section, within one year after the school district's	62126
portion is so recalculated ~~under division (E)(1) of this section~~	62127
the commission may grant to the school district the difference	62128
between the two calculated portions, but at no time shall the	62129
commission expend any state funds on a project in an amount	62130
greater than the state's portion of the basic project cost as	62131
recalculated under ~~this~~ division (E)(1) of this section.	62132

Any reimbursement under this division shall be only for local	62133
resources the school district has applied toward construction cost	62134
expenditures for the classroom facilities approved by the	62135
commission, which shall not include any financing costs associated	62136
with that construction.	62137

The school district board shall use any moneys reimbursed to	62138
the district under this division to pay off any debt service the	62139
district owes for classroom facilities constructed under its	62140
project under this section before such moneys are applied to any	62141
other purpose. However, the district board first may deposit	62142
moneys reimbursed under this division into the district's general	62143
fund or a permanent improvement fund to replace local resources	62144
the district withdrew from those funds, as long as, and to the	62145
extent that, those local resources were used by the district for	62146
constructing classroom facilities included in the district's basic	62147
project cost.	62148

(3) A tangible personal property phase-out impacted district	62149
shall receive credit under division (E) of this section for the	62150
expenditure of local resources pursuant to any prior agreement	62151
authorized by this section, notwithstanding any recalculation of	62152
its average taxable value.	62153

Sec. 3318.363. (A) This section applies beginning in fiscal	62154
year 2003 and only to a school district participating in the	62155
school building assistance expedited local partnership program	62156
under section 3318.36 of the Revised Code.	62157

(B) If there is a decrease in the tax valuation of a school	62158
district to which this section applies by ten per cent or greater	62159
from one tax year to the next due to a decrease in the assessment	62160
rate of the taxable property of an electric company that owns	62161
property in the district, as provided for in section 5727.111 of	62162
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	62163
General Assembly, the Ohio school facilities commission shall	62164
calculate or recalculate the state and school district portions of	62165
the basic project cost of the school district's project by	62166
determining the percentile rank in which the district would be	62167
located if such ranking were made using the adjusted valuation per	62168
pupil calculated under division (C) of this section rather than	62169
the three-year average adjusted valuation per pupil, calculated	62170
under division (B) of section 3318.011 of the Revised Code. For	62171
such district, the required percentage of the basic project cost	62172
used to determine the state and school district shares of that	62173
cost under division (C) of section 3318.36 of the Revised Code	62174
shall be based on the percentile rank as calculated under this	62175
section rather than as otherwise provided in division (C)(1) of	62176
section 3318.36 of the Revised Code. If the commission has	62177
determined the state and school district portion of the basic	62178
project cost of such a district's project under section 3318.36 of	62179
the Revised Code prior to that decrease in tax valuation, the	62180
commission shall adjust the state and school district shares of	62181
the basic project cost of such project in accordance with this	62182
section.	62183

(C)(1) As used in divisions (C) and (D) of this section,	62184
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	62185
the same meanings as in section 3317.02 of the Revised Code, and	62186
"income factor" has the same meaning as in section 3318.011 of the	62187
Revised Code.	62188

(2) The adjusted valuation per pupil for a school district to	62189
which this section applies shall be calculated using the following	62190
formula:	62191

(The district's total taxable value for the tax year	62192
preceding the calendar year in which the current fiscal year	62193
begins / the district's formula ADM for the previous fiscal year)	62194
- [$30,000 x (1 - the district's income factor)].	62195

(D) At the request of the Ohio school facilities commission,	62196
the department of education shall report a district's total	62197
taxable value for the tax year preceding the calendar year in	62198
which the current fiscal year begins for any district to which	62199
this section applies as that information has been certified to the	62200
department by the tax commissioner pursuant to section 3317.021 of	62201
the Revised Code.	62202

Sec. 3319.031. Notwithstanding any provision of the Revised	62203
Code to the contrary, if the board of education of a city, local,	62204
or exempted village school district does not appoint a business	62205
manager under section 3319.03 of the Revised Code, the board may	62206
assign powers and duties specified in section 3319.04 of the	62207
Revised Code to one or more employees or officers of the board,	62208
including the treasurer, and may give the employees or officers	62209
any title recognizing the assignment of the powers and duties. The	62210
prohibition, in section 3319.04 of the Revised Code, against a	62211
business manager having possession of moneys does not prevent a	62212
board from assigning powers and duties specified in that section	62213
to the treasurer and does not prevent a treasurer who is assigned	62214
those powers and duties from exercising the powers and duties of	62215
treasurer. If the board assigns the duties of a business manager	62216
under section 3319.04 of the Revised Code to the treasurer, the	62217
treasurer shall not have the authority to make recommendations to	62218
appoint or discharge noneducational employees, except as provided	62219
under section 3313.31 of the Revised Code. Instead, the district	62220
superintendent shall be responsible for making recommendations,	62221
subject to confirmation by the board, for the appointment or	62222
discharge of noneducational employees.	62223

Sec. 3319.07. (A) The board of education of each city,	62224
exempted village, local, and joint vocational school district	62225
shall employ the teachers of the public schools of their	62226
respective districts.	62227

The governing board of each educational service center may	62228
employ special instruction teachers, special education teachers,	62229
and teachers of academic courses in which there are too few	62230
students in each of the school districts entering into agreements	62231
pursuant to section 3313.843 of the Revised Code to warrant each	62232
district's employing teachers for those courses.	62233

When any board makes appointments of teachers, the teachers	62234
in the employ of the board shall be considered before new teachers	62235
are chosen in their stead. In all school districts and in service	62236
centers, no teacher shall be employed unless such person is	62237
nominated by the superintendent of such district or center, or by	62238
another individual designated by the board in the event that the	62239
superintendent's nomination would be a violation of section	62240
2921.42 of the Revised Code. Such board, by a three-fourths vote	62241
of its full membership, may re-employ any teacher whom the	62242
superintendent refuses to appoint.	62243

(B) The board of education of any school district may	62244
contract with the governing board of the educational service	62245
center from which it otherwise receives services to conduct	62246
searches and recruitment of candidates for teacher positions.	62247

Sec. 3319.073. (A) The board of education of each city and	62248
exempted village school district and the governing board of each	62249
educational service center shall adopt or adapt the curriculum	62250
developed by the department of education for, or shall develop in	62251
consultation with public or private agencies or persons involved	62252
in child abuse prevention or intervention programs, a program of	62253
in-service training in the prevention of child abuse, violence,	62254
and substance abuse and the promotion of positive youth	62255
development. Each person employed by any school district or	62256
service center to work in a school as a nurse, teacher, counselor,	62257
school psychologist, or administrator shall complete at least four	62258
hours of the in-service training within two years of commencing	62259
employment with the district or center, and every five years	62260
thereafter. A person who is employed by any school district or	62261
service center to work in an elementary school as a nurse,	62262
teacher, counselor, school psychologist, or administrator on March	62263
30, 2007, shall complete at least four hours of the in-service	62264
training not later than March 30, 2009, and every five years	62265
thereafter. A person who is employed by any school district or	62266
service center to work in a middle or high school as a nurse,	62267
teacher, counselor, school psychologist, or administrator on	62268
October 16, 2009, shall complete at least four hours of the	62269
in-service training not later than October 16, 2011, and every	62270
five years thereafter.	62271

(B) Each board shall incorporate training in school safety	62272
and violence prevention, including human trafficking content, into	62273
the in-service training required by division (A) of this section.	62274
For this purpose, the board shall adopt or adapt the curriculum	62275
developed by the department or shall develop its own curriculum in	62276
consultation with public or private agencies or persons involved	62277
in school safety and violence prevention programs.	62278

(C) Each board shall incorporate training on the board's	62279
harassment, intimidation, or bullying policy adopted under section	62280
3313.666 of the Revised Code into the in-service training required	62281
by division (A) of this section. Each board also shall incorporate	62282
training in the prevention of dating violence into the in-service	62283
training required by that division for middle and high school	62284
employees. The board shall develop its own curricula for these	62285
purposes.	62286

(D) Each board shall incorporate training in youth suicide	62287
awareness and prevention into the in-service training required by	62288
division (A) of this section for each person employed by a school	62289
district or service center to work in a school as a nurse,	62290
teacher, counselor, school psychologist, or administrator, and any	62291
other personnel that the board determines appropriate. For this	62292
purpose, the board shall adopt or adapt the curriculum developed	62293
by the department or shall develop its own curriculum in	62294
consultation with public or private agencies or persons involved	62295
in youth suicide awareness and prevention programs.	62296

The training completed under this division shall count toward	62297
the satisfaction of requirements for professional development	62298
required by the school district or service center board, and the	62299
training may be accomplished through self-review of suitable	62300
suicide prevention materials approved by the board.	62301

Sec. 3319.0811. IfExcept as provided in section 3319.0812 of	62302
the Revised Code, if the board of education of a school district	62303
offers to students of compulsory school age courses for high	62304
school credit that are taught at times outside the district's	62305
normal school day, the board shall enter into supplemental	62306
contracts under section 3319.08 of the Revised Code with the	62307
teachers assigned to teach those courses and shall not include	62308
such assignment of duties within the teachers' regular employment	62309
contracts under that section.	62310

Sec. 3319.0812. (A) As used in this section, "extended	62311
programming" means extended programming as described in section	62312
3301.0725 of the Revised Code.	62313

(B) The board of education of a school district shall pay a	62314
licensed educator who is providing extended programming on an	62315
hourly basis at the regular per diem rate determined under the	62316
licensed educator's employment contract or collective bargaining	62317
agreement.	62318

(C) A licensed educator shall not provide more than eight	62319
hours of extended programming in a twenty-four-hour day.	62320

Sec. 3319.112. (A) Not later than December 31, 2011, the	62321
state board of education shall develop a standards-based state	62322
framework for the evaluation of teachers. The state board may	62323
update the framework periodically by adoption of a resolution. The	62324
framework shall establish an evaluation system that does the	62325
following:	62326

(1) Provides for multiple evaluation factors. One factor	62327
shall be student academic growth which shall account for ~~fifty~~	62328
thirty-five per cent of each evaluation. A school district may	62329
attribute an additional percentage to the academic growth factor,	62330
not to exceed fifteen per cent of each evaluation. When applicable	62331
to the grade level or subject area taught by a teacher, the	62332
value-added progress dimension established under section 3302.021	62333
of the Revised Code or an alternative student academic progress	62334
measure if adopted under division (C)(1)(e) of section 3302.03 of	62335
the Revised Code shall be used in the student academic growth	62336
portion of an evaluation in proportion to the part of a teacher's	62337
schedule of courses or subjects for which the value-added progress	62338
dimension is applicable.	62339

If a teacher's schedule is comprised only of courses or	62340
subjects for which the value-added progress dimension is	62341
applicable, one of the following applies:	62342

(a) Beginning with ~~the effective date of this amendment~~March	62343
22, 2013, until June 30, 2014, the majority of the student	62344
academic growth factor of the evaluation shall be based on the	62345
value-added progress dimension.	62346

(b) On or after July 1, 2014, the entire student academic	62347
growth factor of the evaluation shall be based on the value-added	62348
progress dimension. In calculating student academic growth for an	62349
evaluation, a student shall not be included if the student has	62350
~~sixty~~thirty or more excused or unexcused absences for the school	62351
year.	62352

(2) Is aligned with the standards for teachers adopted under	62353
section 3319.61 of the Revised Code;	62354

(3) Requires observation of the teacher being evaluated,	62355
including at least two formal observations by the evaluator of at	62356
least thirty minutes each and classroom walkthroughs;	62357

(4) Assigns a rating on each evaluation in accordance with	62358
division (B) of this section;	62359

(5) Requires each teacher to be provided with a written	62360
report of the results of the teacher's evaluation;	62361

(6) Identifies measures of student academic growth for grade	62362
levels and subjects for which the value-added progress dimension	62363
prescribed by section 3302.021 of the Revised Code or an	62364
alternative student academic progress measure if adopted under	62365
division (C)(1)(e) of section 3302.03 of the Revised Code does not	62366
apply;	62367

(7) Implements a classroom-level, value-added program	62368
developed by a nonprofit organization described in division (B) of	62369
section 3302.021 of the Revised Code or an alternative student	62370
academic progress measure if adopted under division (C)(1)(e) of	62371
section 3302.03 of the Revised Code;	62372

(8) Provides for professional development to accelerate and	62373
continue teacher growth and provide support to poorly performing	62374
teachers;	62375

(9) Provides for the allocation of financial resources to	62376
support professional development.	62377

(B) For purposes of the framework developed under this	62378
section, the state board also shall do the following:	62379

(1) Develop specific standards and criteria that distinguish	62380
between the following levels of performance for teachers and	62381
principals for the purpose of assigning ratings on the evaluations	62382
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	62383
of the Revised Code:	62384

(a) Accomplished;

62385

(b) Proficient;

62386

62387

(d) Ineffective.

62388

(2) For grade levels and subjects for which the assessments	62389
prescribed under sections 3301.0710 and 3301.0712 of the Revised	62390
Code and the value-added progress dimension prescribed by section	62391
3302.021 of the Revised Code, or alternative student academic	62392
progress measure, do not apply, develop a list of student	62393
assessments that measure mastery of the course content for the	62394
appropriate grade level, which may include nationally normed	62395
standardized assessments, industry certification examinations, or	62396
end-of-course examinations.	62397

(C) The state board shall consult with experts, teachers and	62398
principals employed in public schools, and representatives of	62399
stakeholder groups in developing the standards and criteria	62400
required by division (B)(1) of this section.	62401

(D) To assist school districts in developing evaluation	62402
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	62403
the Revised Code, the department shall do both of the following:	62404

(1) Serve as a clearinghouse of promising evaluation	62405
procedures and evaluation models that districts may use;	62406

(2) Provide technical assistance to districts in creating	62407
evaluation policies.	62408

(E) Not later than June 30, 2013, the state board, in	62409
consultation with state agencies that employ teachers, shall	62410
develop a standards-based framework for the evaluation of teachers	62411
employed by those agencies. Each state agency that employs	62412
teachers shall adopt a standards-based teacher evaluation policy	62413
that conforms with the framework developed under this division.	62414
The policy shall become operative at the expiration of any	62415
collective bargaining agreement covering teachers employed by the	62416
agency that is in effect on September 24, 2012, and shall be	62417
included in any renewal or extension of such an agreement.	62418
However, this division does not apply to any person who is	62419
employed as a substitute teacher or as an instructor of adult	62420
education.	62421

Sec. 3319.17. (A) As used in this section, "interdistrict	62422
contract" means any contract or agreement entered into by an	62423
educational service center governing board and another board or	62424
other public entity pursuant to section 3313.17, 3313.841,	62425
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	62426
Revised Code, including any such contract or agreement for the	62427
provision of services funded under division (E) of section	62428
3317.024 of the Revised Code ~~or provided in any unit approved~~	62429
~~under section 3317.05 of the Revised Code~~.	62430

(B) When, for any of the following reasons that apply to any	62431
city, exempted village, local, or joint vocational school district	62432
or any educational service center, the board decides that it will	62433
be necessary to reduce the number of teachers it employs, it may	62434
make a reasonable reduction:	62435

(1) In the case of any district or service center, return to	62436
duty of regular teachers after leaves of absence including	62437
suspension of schools, territorial changes affecting the district	62438
or center, or financial reasons;	62439

(2) In the case of any city, exempted village, local, or	62440
joint vocational school district, decreased enrollment of pupils	62441
in the district;	62442

(3) In the case of any governing board of a service center	62443
providing any particular service directly to pupils pursuant to	62444
one or more interdistrict contracts requiring such service,	62445
reduction in the total number of pupils the governing board is	62446
required to provide with the service under all interdistrict	62447
contracts as a result of the termination or nonrenewal of one or	62448
more of these interdistrict contracts;	62449

(4) In the case of any governing board providing any	62450
particular service that it does not provide directly to pupils	62451
pursuant to one or more interdistrict contracts requiring such	62452
service, reduction in the total level of the service the governing	62453
board is required to provide under all interdistrict contracts as	62454
a result of the termination or nonrenewal of one or more of these	62455
interdistrict contracts.	62456

(C) In making any such reduction, any city, exempted village,	62457
local, or joint vocational school board shall proceed to suspend	62458
contracts in accordance with the recommendation of the	62459
superintendent of schools who shall, within each teaching field	62460
affected, give preference to teachers on continuing contracts. The	62461
board shall not give preference to any teacher based on seniority,	62462
except when making a decision between teachers who have comparable	62463
evaluations.	62464

On a case-by-case basis, in lieu of suspending a contract in	62465
whole, a board may suspend a contract in part, so that an	62466
individual is required to work a percentage of the time the	62467
employee otherwise is required to work under the contract and	62468
receives a commensurate percentage of the full compensation the	62469
employee otherwise would receive under the contract.	62470

The teachers whose continuing contracts are suspended by any	62471
board pursuant to this section shall have the right of restoration	62472
to continuing service status by that board if and when teaching	62473
positions become vacant or are created for which any of such	62474
teachers are or become qualified. No teacher whose continuing	62475
contract has been suspended pursuant to this section shall lose	62476
that right of restoration to continuing service status by reason	62477
of having declined recall to a position that is less than	62478
full-time or, if the teacher was not employed full-time just prior	62479
to suspension of the teacher's continuing contract, to a position	62480
requiring a lesser percentage of full-time employment than the	62481
position the teacher last held while employed in the district or	62482
service center. Seniority shall not be the basis for rehiring a	62483
teacher, except when making a decision between teachers who have	62484
comparable evaluations.	62485

(D) Notwithstanding any provision to the contrary in Chapter	62486
4117. of the Revised Code:	62487

(1) The requirements of this section, as it existed prior to	62488
~~the effective date of this amendment~~September 29, 2011, prevail	62489
over any conflicting provisions of agreements between employee	62490
organizations and public employers entered into between September	62491
29, 2005, and ~~that effective date~~September 29, 2011;	62492

(2) The requirements of this section, as it exists on and	62493
after ~~the effective date of this amendment~~September 29, 2011,	62494
prevail over any conflicting provisions of agreements between	62495
employee organizations and public employers entered into on or	62496
after ~~that effective date~~September 29, 2011.	62497

Sec. 3319.22. (A)(1) The state board of education shall	62498
issue the following educator licenses:	62499

(a) A resident educator license, which shall be valid for	62500
four years, except that the state board, on a case-by-case basis,	62501
may extend the license's duration as necessary to enable the	62502
license holder to complete the Ohio teacher residency program	62503
established under section 3319.223 of the Revised Code;	62504

(b) A professional educator license, which shall be valid for	62505
five years and shall be renewable;	62506

(c) A senior professional educator license, which shall be	62507
valid for five years and shall be renewable;	62508

(d) A lead professional educator license, which shall be	62509
valid for five years and shall be renewable.	62510

(2) The state board may issue any additional educator	62511
licenses of categories, types, and levels the board elects to	62512
provide.	62513

(3) The state board shall adopt rules establishing the	62514
standards and requirements for obtaining each educator license	62515
issued under this section.	62516

(B) The rules adopted under this section shall require at	62517
least the following standards and qualifications for the educator	62518
licenses described in division (A)(1) of this section:	62519

(1) An applicant for a resident educator license shall hold	62520
at least a bachelor's degree from an accredited teacher	62521
preparation program or be a participant in the teach for America	62522
program and meet the qualifications required under section	62523
3319.227 of the Revised Code.	62524

(2) An applicant for a professional educator license shall:

62525

(a) Hold at least a bachelor's degree from an institution of	62526
higher education accredited by a regional accrediting	62527
organization;	62528

(b) Have successfully completed the Ohio teacher residency	62529
program established under section 3319.223 of the Revised Code, if	62530
the applicant's current or most recently issued license is a	62531
resident educator license issued under this section or an	62532
alternative resident educator license issued under section 3319.26	62533
of the Revised Code.	62534

(3) An applicant for a senior professional educator license	62535
shall:	62536

(a) Hold at least a master's degree from an institution of	62537
higher education accredited by a regional accrediting	62538
organization;	62539

(b) Have previously held a professional educator license	62540
issued under this section or section 3319.222 or under former	62541
section 3319.22 of the Revised Code;	62542

(c) Meet the criteria for the accomplished or distinguished	62543
level of performance, as described in the standards for teachers	62544
adopted by the state board under section 3319.61 of the Revised	62545
Code.	62546

(4) An applicant for a lead professional educator license	62547
shall:	62548

(a) Hold at least a master's degree from an institution of	62549
higher education accredited by a regional accrediting	62550
organization;	62551

(b) Have previously held a professional educator license or a	62552
senior professional educator license issued under this section or	62553
a professional educator license issued under section 3319.222 or	62554
former section 3319.22 of the Revised Code;	62555

(c) Meet the criteria for the distinguished level of	62556
performance, as described in the standards for teachers adopted by	62557
the state board under section 3319.61 of the Revised Code;	62558

(d) Either hold a valid certificate issued by the national	62559
board for professional teaching standards or meet the criteria for	62560
a master teacher or other criteria for a lead teacher adopted by	62561
the educator standards board under division (F)(4) or (5) of	62562
section 3319.61 of the Revised Code.	62563

(C) The state board shall align the standards and	62564
qualifications for obtaining a principal license with the	62565
standards for principals adopted by the state board under section	62566
3319.61 of the Revised Code.	62567

(D) If the state board requires any examinations for educator	62568
licensure, the department of education shall provide the results	62569
of such examinations received by the department to the chancellor	62570
of the Ohio board of regents, in the manner and to the extent	62571
permitted by state and federal law.	62572

(E) Any rules the state board of education adopts, amends, or	62573
rescinds for educator licenses under this section, division (D) of	62574
section 3301.07 of the Revised Code, or any other law shall be	62575
adopted, amended, or rescinded under Chapter 119. of the Revised	62576
Code except as follows:	62577

(1) Notwithstanding division (D) of section 119.03 and	62578
division (A)(1) of section 119.04 of the Revised Code, in the case	62579
of the adoption of any rule or the amendment or rescission of any	62580
rule that necessitates institutions' offering preparation programs	62581
for educators and other school personnel that are approved by the	62582
chancellor of the Ohio board of regents under section 3333.048 of	62583
the Revised Code to revise the curriculum of those programs, the	62584
effective date shall not be as prescribed in division (D) of	62585
section 119.03 and division (A)(1) of section 119.04 of the	62586
Revised Code. Instead, the effective date of such rules, or the	62587
amendment or rescission of such rules, shall be the date	62588
prescribed by section 3333.048 of the Revised Code.	62589

(2) Notwithstanding the authority to adopt, amend, or rescind	62590
emergency rules in division (F) of section 119.03 of the Revised	62591
Code, this authority shall not apply to the state board of	62592
education with regard to rules for educator licenses.	62593

(F)(1) The rules adopted under this section establishing	62594
standards requiring additional coursework for the renewal of any	62595
educator license shall require a school district and a chartered	62596
nonpublic school to establish local professional development	62597
committees. In a nonpublic school, the chief administrative	62598
officer shall establish the committees in any manner acceptable to	62599
such officer. The committees established under this division shall	62600
determine whether coursework that a district or chartered	62601
nonpublic school teacher proposes to complete meets the	62602
requirement of the rules. The department of education shall	62603
provide technical assistance and support to committees as the	62604
committees incorporate the professional development standards	62605
adopted by the state board of education pursuant to section	62606
3319.61 of the Revised Code into their review of coursework that	62607
is appropriate for license renewal. The rules shall establish a	62608
procedure by which a teacher may appeal the decision of a local	62609
professional development committee.	62610

(2) In any school district in which there is no exclusive	62611
representative established under Chapter 4117. of the Revised	62612
Code, the professional development committees shall be established	62613
as described in division (F)(2) of this section.	62614

Not later than the effective date of the rules adopted under	62615
this section, the board of education of each school district shall	62616
establish the structure for one or more local professional	62617
development committees to be operated by such school district. The	62618
committee structure so established by a district board shall	62619
remain in effect unless within thirty days prior to an anniversary	62620
of the date upon which the current committee structure was	62621
established, the board provides notice to all affected district	62622
employees that the committee structure is to be modified.	62623
Professional development committees may have a district-level or	62624
building-level scope of operations, and may be established with	62625
regard to particular grade or age levels for which an educator	62626
license is designated.	62627

Each professional development committee shall consist of at	62628
least three classroom teachers employed by the district, one	62629
principal employed by the district, and one other employee of the	62630
district appointed by the district superintendent. For committees	62631
with a building-level scope, the teacher and principal members	62632
shall be assigned to that building, and the teacher members shall	62633
be elected by majority vote of the classroom teachers assigned to	62634
that building. For committees with a district-level scope, the	62635
teacher members shall be elected by majority vote of the classroom	62636
teachers of the district, and the principal member shall be	62637
elected by a majority vote of the principals of the district,	62638
unless there are two or fewer principals employed by the district,	62639
in which case the one or two principals employed shall serve on	62640
the committee. If a committee has a particular grade or age level	62641
scope, the teacher members shall be licensed to teach such grade	62642
or age levels, and shall be elected by majority vote of the	62643
classroom teachers holding such a license and the principal shall	62644
be elected by all principals serving in buildings where any such	62645
teachers serve. The district superintendent shall appoint a	62646
replacement to fill any vacancy that occurs on a professional	62647
development committee, except in the case of vacancies among the	62648
elected classroom teacher members, which shall be filled by vote	62649
of the remaining members of the committee so selected.	62650

Terms of office on professional development committees shall	62651
be prescribed by the district board establishing the committees.	62652
The conduct of elections for members of professional development	62653
committees shall be prescribed by the district board establishing	62654
the committees. A professional development committee may include	62655
additional members, except that the majority of members on each	62656
such committee shall be classroom teachers employed by the	62657
district. Any member appointed to fill a vacancy occurring prior	62658
to the expiration date of the term for which a predecessor was	62659
appointed shall hold office as a member for the remainder of that	62660
term.	62661

The initial meeting of any professional development	62662
committee, upon election and appointment of all committee members,	62663
shall be called by a member designated by the district	62664
superintendent. At this initial meeting, the committee shall	62665
select a chairperson and such other officers the committee deems	62666
necessary, and shall adopt rules for the conduct of its meetings.	62667
Thereafter, the committee shall meet at the call of the	62668
chairperson or upon the filing of a petition with the district	62669
superintendent signed by a majority of the committee members	62670
calling for the committee to meet.	62671

(3) In the case of a school district in which an exclusive	62672
representative has been established pursuant to Chapter 4117. of	62673
the Revised Code, professional development committees shall be	62674
established in accordance with any collective bargaining agreement	62675
in effect in the district that includes provisions for such	62676
committees.	62677

If the collective bargaining agreement does not specify a	62678
different method for the selection of teacher members of the	62679
committees, the exclusive representative of the district's	62680
teachers shall select the teacher members.	62681

If the collective bargaining agreement does not specify a	62682
different structure for the committees, the board of education of	62683
the school district shall establish the structure, including the	62684
number of committees and the number of teacher and administrative	62685
members on each committee; the specific administrative members to	62686
be part of each committee; whether the scope of the committees	62687
will be district levels, building levels, or by type of grade or	62688
age levels for which educator licenses are designated; the lengths	62689
of terms for members; the manner of filling vacancies on the	62690
committees; and the frequency and time and place of meetings.	62691
However, in all cases, except as provided in division (F)(4) of	62692
this section, there shall be a majority of teacher members of any	62693
professional development committee, there shall be at least five	62694
total members of any professional development committee, and the	62695
exclusive representative shall designate replacement members in	62696
the case of vacancies among teacher members, unless the collective	62697
bargaining agreement specifies a different method of selecting	62698
such replacements.	62699

(4) Whenever an administrator's coursework plan is being	62700
discussed or voted upon, the local professional development	62701
committee shall, at the request of one of its administrative	62702
members, cause a majority of the committee to consist of	62703
administrative members by reducing the number of teacher members	62704
voting on the plan.	62705

(G)(1) The department of education, educational service	62706
centers, county boards of developmental disabilities, regional	62707
professional development centers, special education regional	62708
resource centers, college and university departments of education,	62709
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	62710
education computer network may establish local professional	62711
development committees to determine whether the coursework	62712
proposed by their employees who are licensed or certificated under	62713
this section or section 3319.222 of the Revised Code, or under the	62714
former version of either section as it existed prior to October	62715
16, 2009, meet the requirements of the rules adopted under this	62716
section. They may establish local professional development	62717
committees on their own or in collaboration with a school district	62718
or other agency having authority to establish them.	62719

Local professional development committees established by	62720
county boards of developmental disabilities shall be structured in	62721
a manner comparable to the structures prescribed for school	62722
districts in divisions (F)(2) and (3) of this section, as shall	62723
the committees established by any other entity specified in	62724
division (G)(1) of this section that provides educational services	62725
by employing or contracting for services of classroom teachers	62726
licensed or certificated under this section or section 3319.222 of	62727
the Revised Code, or under the former version of either section as	62728
it existed prior to October 16, 2009. All other entities specified	62729
in division (G)(1) of this section shall structure their	62730
committees in accordance with guidelines which shall be issued by	62731
the state board.	62732

(2) Any public agency that is not specified in division	62733
(G)(1) of this section but provides educational services and	62734
employs or contracts for services of classroom teachers licensed	62735
or certificated under this section or section 3319.222 of the	62736
Revised Code, or under the former version of either section as it	62737
existed prior to October 16, 2009, may establish a local	62738
professional development committee, subject to the approval of the	62739
department of education. The committee shall be structured in	62740
accordance with guidelines issued by the state board.	62741

Sec. 3319.235. (A) The standards for the preparation of	62742
teachers adopted under section 3333.048 of the Revised Code shall	62743
require any institution that provides a course of study for the	62744
training of teachers to ensure that graduates of such course of	62745
study are skilled at integrating educational technology in the	62746
instruction of children, as evidenced by the graduate having	62747
either demonstrated proficiency in such skills in a manner	62748
prescribed by the department of education or completed a course	62749
that includes training in such skills.	62750

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	62751
regents, in consultation with the department of education, shall	62752
establish model professional development programs to assist	62753
teachers who completed their teacher preparation prior to the	62754
effective date of division (A) of this section to become skilled	62755
at integrating educational technology in the instruction of	62756
children. The ~~commission~~chancellor shall provide technical	62757
assistance to school districts wishing to establish such programs.	62758

Sec. 3319.57. (A) A grant program is hereby established	62759
under which the department of education shall award grants to	62760
assist certain schools in a city, exempted village, local, or	62761
joint vocational school district in implementing one of the	62762
following innovations:	62763

(1) The use of instructional specialists to mentor and	62764
support classroom teachers;	62765

(2) The use of building managers to supervise the	62766
administrative functions of school operation so that a school	62767
principal can focus on supporting instruction, providing	62768
instructional leadership, and engaging teachers as part of the	62769
instructional leadership team;	62770

(3) The reconfiguration of school leadership structure in a	62771
manner that allows teachers to serve in leadership roles so that	62772
teachers may share the responsibility for making and implementing	62773
school decisions;	62774

(4) The adoption of new models for restructuring the school	62775
day or school year, such as including teacher planning and	62776
collaboration time as part of the school day;	62777

(5) The creation of smaller schools or smaller units within	62778
larger schools for the purpose of facilitating teacher	62779
collaboration to improve and advance the professional practice of	62780
teaching;	62781

(6) The implementation of "grow your own" recruitment	62782
strategies that are designed to assist individuals who show a	62783
commitment to education become licensed teachers, to assist	62784
experienced teachers obtain licensure in subject areas for which	62785
there is need, and to assist teachers in becoming principals;	62786

(7) The provision of better conditions for new teachers, such	62787
as reduced teaching load and reduced class size;	62788

(8) The provision of incentives to attract qualified	62789
mathematics, science, or special education teachers;	62790

(9) The development and implementation of a partnership with	62791
teacher preparation programs at colleges and universities to help	62792
attract teachers qualified to teach in shortage areas;	62793

(10) The implementation of a program to increase the cultural	62794
competency of both new and veteran teachers;	62795

(11) The implementation of a program to increase the subject	62796
matter competency of veteran teachers.	62797

(B) To qualify for a grant to implement one of the	62798
innovations described in division (A) of this section, a school	62799
must meet both of the following criteria:	62800

(1) Be hard to staff, as defined by the department.

62801

(2) Use existing school district funds for the implementation	62802
of the innovation in an amount equal to the grant amount	62803
multiplied by (1 - the district's state share ~~percentage~~index for	62804
the fiscal year in which the grant is awarded).	62805

For purposes of division (B)(2) of this section, "state share	62806
~~percentage~~index" has the same meaning as in section 3317.02 of	62807
the Revised Code.	62808

(C) The amount and number of grants awarded under this	62809
section shall be determined by the department based on any	62810
appropriations made by the general assembly for grants under this	62811
section.	62812

(D) The state board of education shall adopt rules for the	62813
administration of this grant program.	62814

Sec. 3319.58. (A) As used in this section, "core subject	62815
area" has the same meaning as in section 3319.074 of the Revised	62816
Code.	62817

(B) Each year, beginning with the 2015-2016 school year, the	62818
board of education of each city, exempted village, local, and	62819
joint vocational school district shall require each classroom	62820
teacher who is currently teaching in a core subject area and has	62821
received a rating of ineffective on the evaluations conducted	62822
under section 3319.111 of the Revised Code for two of the three	62823
most recent school years to register for and take all written	62824
examinations of content knowledge selected by the department of	62825
education as appropriate to determine expertise to teach that core	62826
subject area and the grade level to which the teacher is assigned.	62827

(C) Each year, beginning with the 2015-2016 school year, the	62828
governing authority of each community school established under	62829
Chapter 3314. of the Revised Code, except a community school to	62830
which section 3314.017 of the Revised Code applies or a community	62831
school described in division (A)(4)(b) of section 3314.35 of the	62832
Revised Code, and governing body of each STEM school established	62833
under Chapter 3326. of the Revised Code with a building ranked in	62834
the lowest ten per cent of all public school buildings according	62835
to performance index score, under section 3302.21 of the Revised	62836
Code, shall require each classroom teacher currently teaching in a	62837
core subject area in such a building to register for and take all	62838
written examinations of content knowledge selected by the	62839
department as appropriate to determine expertise to teach that	62840
core subject area and the grade level to which the teacher is	62841
assigned.	62842

(D) If a teacher who takes an examination under division (B)	62843
of this section passes that examination and provides proof of that	62844
passage to the teacher's employer, the employer shall require the	62845
teacher, at the teacher's expense, to complete professional	62846
development that is targeted to the deficiencies identified in the	62847
teacher's evaluations conducted under section 3319.111 of the	62848
Revised Code. The receipt by the teacher of a rating of	62849
ineffective on the teacher's next evaluation after completion of	62850
the professional development, or the failure of the teacher to	62851
complete the professional development, shall be grounds for	62852
termination of the teacher under section 3319.16 of the Revised	62853
Code.	62854

(E) If a teacher who takes an examination under this section	62855
passes that examination and provides proof of that passage to the	62856
teacher's employer, the teacher shall not be required to take the	62857
examination again for three years, regardless of the teacher's	62858
evaluation ratings or the performance index score ranking of the	62859
building in which the teacher teaches. No teacher shall be	62860
responsible for the cost of taking an examination under this	62861
section.	62862

(F) Each district board of education, each community school	62863
governing authority, and each STEM school governing body may use	62864
the results of a teacher's examinations required under division	62865
(B) or (C) of this section in developing and revising professional	62866
development plans and in deciding whether or not to continue	62867
employing the teacher in accordance with the provisions of this	62868
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	62869
decision to terminate or not to renew a teacher's employment	62870
contract shall be made solely on the basis of the results of a	62871
teacher's examination under this section until and unless the	62872
teacher has not attained a passing score on the same required	62873
examination for at least three consecutive administrations of that	62874
examination.	62875

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	62876
"guardian," or "other person having charge or care of a child"	62877
means either parent unless the parents are separated or divorced	62878
or their marriage has been dissolved or annulled, in which case	62879
"parent" means the parent who is the residential parent and legal	62880
custodian of the child. If the child is in the legal or permanent	62881
custody of a person or government agency, "parent" means that	62882
person or government agency. When a child is a resident of a home,	62883
as defined in section 3313.64 of the Revised Code, and the child's	62884
parent is not a resident of this state, "parent," "guardian," or	62885
"other person having charge or care of a child" means the head of	62886
the home.	62887

A child between six and eighteen years of age is "of	62888
compulsory school age" for the purpose of sections 3321.01 to	62889
3321.13 of the Revised Code. A child under six years of age who	62890
has been enrolled in kindergarten also shall be considered "of	62891
compulsory school age" for the purpose of sections 3321.01 to	62892
3321.13 of the Revised Code unless at any time the child's parent	62893
or guardian, at the parent's or guardian's discretion and in	62894
consultation with the child's teacher and principal, formally	62895
withdraws the child from kindergarten. The compulsory school age	62896
of a child shall not commence until the beginning of the term of	62897
such schools, or other time in the school year fixed by the rules	62898
of the board of the district in which the child resides.	62899

(2) No child shall be admitted to a kindergarten or a first	62900
grade of a public school in a district in which all children are	62901
admitted to kindergarten and the first grade in August or	62902
September unless the child is five or six years of age,	62903
respectively, by the thirtieth day of September of the year of	62904
admittance, or by the first day of a term or semester other than	62905
one beginning in August or September in school districts granting	62906
admittance at the beginning of such term or semester, unless the	62907
child has been recommended for early admittance in accordance with	62908
the district's acceleration policy adopted under section 3324.10	62909
of the Revised Code. A child who does not meet the age requirement	62910
for admittance to kindergarten or first grade shall be evaluated	62911
for early admittance upon referral by the child's parent or	62912
guardian, an educator employed by the district, a preschool	62913
educator who knows the child, or a pediatrician or psychologist	62914
who knows the child.	62915

(3) Notwithstanding division (A)(2) of this section,	62916
beginning with the school year that starts in 2001 and continuing	62917
thereafter the board of education of any district may adopt a	62918
resolution establishing the first day of August in lieu of the	62919
thirtieth day of September as the required date by which students	62920
must have attained the age specified in that division.	62921

(4) After a student has been admitted to kindergarten in a	62922
school district or chartered nonpublic school, no board of	62923
education of a school district to which the student transfers	62924
shall deny that student admission based on the student's age.	62925

(B) As used in division (C) of this section, "successfully	62926
completed kindergarten" means that the child has completed the	62927
kindergarten requirements at one of the following:	62928

(1) A public or chartered nonpublic school;

62929

(2) A kindergarten class that is both of the following:

62930

(a) Offered by a day-care provider licensed under Chapter	62931
5104. of the Revised Code;	62932

(b) If offered after July 1, 1991, is directly taught by a	62933
teacher who holds one of the following:	62934

(i) A valid educator license issued under section 3319.22 of	62935
the Revised Code;	62936

(ii) A Montessori preprimary credential or age-appropriate	62937
diploma granted by the American Montessori society or the	62938
association Montessori internationale;	62939

(iii) Certification determined under division (F) of this	62940
section to be equivalent to that described in division	62941
(B)(2)(b)(ii) of this section;	62942

(iv) Certification for teachers in nontax-supported schools	62943
pursuant to section 3301.071 of the Revised Code.	62944

(C) Except as provided in division (A)(2) of this section, no	62945
school district shall admit to the first grade any child who has	62946
not successfully completed kindergarten.	62947

(D) The scheduling of times for kindergarten classes and	62948
length of the school day for kindergarten shall be determined by	62949
the board of education of a city, exempted village, or local	62950
school district.	62951

(E) Any kindergarten class offered by a day-care provider or	62952
school described by division (B)(1) or (B)(2)(a) of this section	62953
shall be developmentally appropriate.	62954

(F) Upon written request of a day-care provider described by	62955
division (B)(2)(a) of this section, the department of education	62956
shall determine whether certification held by a teacher employed	62957
by the provider meets the requirement of division (B)(2)(b)(iii)	62958
of this section and, if so, shall furnish the provider a statement	62959
to that effect.	62960

(G) As used in this division, "all-day kindergarten" has the	62961
same meaning as in section 3321.05 of the Revised Code.	62962

(1) ~~Any~~A school district that ~~did not receive for fiscal~~	62963
~~year 2009 poverty-based assistance for~~is offering all-day	62964
kindergarten ~~under division (D) of section 3317.029 of the Revised~~	62965
~~Code~~for the first time or that charged fees or tuition for	62966
all-day kindergarten in the 2012-2013 school year may charge fees	62967
or tuition for ~~students~~a student enrolled in all-day kindergarten	62968
in any school year following the 2012-2013 school year. The	62969
department shall adjust the district's average daily membership	62970
certification under section 3317.03 of the Revised Code by	62971
one-half of the full-time equivalency for each student charged	62972
fees or tuition for all-day kindergarten under this division. If a	62973
district charges fees or tuition for all-day kindergarten under	62974
this division, the district shall develop a sliding fee scale	62975
based on family incomes.	62976

(2) The department of education shall conduct an annual	62977
survey of each school district described in division (G)(1) of	62978
this section to determine the following:	62979

(a) Whether the district charges fees or tuition for students	62980
enrolled in all-day kindergarten;	62981

(b) The amount of the fees or tuition charged;

62982

(c) How many of the students for whom tuition is charged are	62983
eligible for free lunches under the "National School Lunch Act,"	62984
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	62985
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	62986
and how many of the students for whom tuition is charged are	62987
eligible for reduced price lunches under those acts;	62988

(d) How many students are enrolled in traditional half-day	62989
kindergarten rather than all-day kindergarten.	62990

Each district shall report to the department, in the manner	62991
prescribed by the department, the information described in	62992
divisions (G)(2)(a) to (d) of this section.	62993

The department shall issue an annual report on the results of	62994
the survey and shall post the report on its web site. The	62995
department shall issue the first report not later than April 30,	62996
2008, and shall issue a report not later than the thirtieth day of	62997
April each year thereafter.	62998

Sec. 3321.04. Notwithstanding division (D) of section	62999
3311.19 and division (D) of section 3311.52 of the Revised Code,	63000
this section does not apply to any joint vocational or cooperative	63001
education school district or its superintendent.	63002

Every parent of any child of compulsory school age who is not	63003
employed under an age and schooling certificate must send such	63004
child to a school or a special education program that conforms to	63005
the minimum standards prescribed by the state board of education,	63006
for the full time the school or program attended is in session,	63007
which shall not be for less than thirty-two weeks per school year.	63008
Such attendance must begin within the first week of the school	63009
term or program or within one week of the date on which the child	63010
begins to reside in the district or within one week after ~~his~~the	63011
child's withdrawal from employment.	63012

For the purpose of operating a school or program on a	63013
trimester plan, "full time the school attended is in session," as	63014
used in this section means the two trimesters to which the child	63015
is assigned by the board of education. For the purpose of	63016
operating a school or program on a quarterly plan, "full time the	63017
school attended is in session," as used in this section, means the	63018
three quarters to which the child is assigned by the board of	63019
education. For the purpose of operating a school or program on a	63020
pentamester plan, "full time the school is in session," as used in	63021
this section, means the four pentamesters to which the child is	63022
assigned by the board of education.	63023

Excuses from future attendance at or past absence from school	63024
or a special education program may be granted for the causes, by	63025
the authorities, and under the following conditions:	63026

(A) The superintendent of the ~~city or exempted village~~ school	63027
district ~~or the educational service center~~ in which the child	63028
resides may excuse the child from attendance for any part of the	63029
remainder of the current school year upon satisfactory showing of	63030
either of the following facts:	63031

(1) That the child's bodily or mental condition does not	63032
permit attendance at school or a special education program during	63033
such period; this fact is certified in writing by a licensed	63034
physician or, in the case of a mental condition, by a licensed	63035
physician, a licensed psychologist, licensed school psychologist	63036
or a certificated school psychologist; and provision is made for	63037
appropriate instruction of the child, in accordance with Chapter	63038
3323. of the Revised Code;	63039

(2) That the child is being instructed at home by a person	63040
qualified to teach the branches in which instruction is required,	63041
and such additional branches, as the advancement and needs of the	63042
child may, in the opinion of such superintendent, require. In each	63043
such case the issuing superintendent shall file in ~~his~~the	63044
superintendent's office, with a copy of the excuse, papers showing	63045
how the inability of the child to attend school or a special	63046
education program or the qualifications of the person instructing	63047
the child at home were determined. All such excuses shall become	63048
void and subject to recall upon the removal of the disability of	63049
the child or the cessation of proper home instruction; and	63050
thereupon the child or the child's parents may be proceeded	63051
against after due notice whether such excuse be recalled or not.	63052

(B) The state board of education may adopt rules authorizing	63053
the superintendent of schools of the district in which the child	63054
resides to excuse a child over fourteen years of age from	63055
attendance for a future limited period for the purpose of	63056
performing necessary work directly and exclusively for the child's	63057
parents or legal guardians.	63058

All excuses provided for in divisions (A) and (B) of this	63059
section shall be in writing and shall show the reason for excusing	63060
the child. A copy thereof shall be sent to the person in charge of	63061
the child.	63062

(C) The board of education of the ~~city or exempted village~~	63063
school district ~~or the governing board of the educational service~~	63064
~~center in which a public school is located~~ or the governing	63065
authorities of a private or parochial school may in the rules	63066
governing the discipline in such schools, prescribe the authority	63067
by which and the manner in which any child may be excused for	63068
absence from such school for good and sufficient reasons.	63069

The state board of education may by rule prescribe conditions	63070
governing the issuance of excuses, which shall be binding upon the	63071
authorities empowered to issue them.	63072

Sec. 3321.05. (A) As used in this section, "all-day	63073
kindergarten" means a kindergarten class that is in session ~~five~~	63074
~~days per week~~ for not less than the same number of clock hours	63075
each ~~day~~week as for students in grades one through six.	63076

(B) Any school district may operate all-day kindergarten or	63077
extended kindergarten, but no district shall require any student	63078
to attend kindergarten for more than the number of clock hours	63079
required each day for traditional kindergarten by the minimum	63080
standards adopted under division (D) of section 3301.07 of the	63081
Revised Code. Each school district that operates all-day or	63082
extended kindergarten shall accommodate kindergarten students	63083
whose parents or guardians elect to enroll them for the minimum	63084
number of hours.	63085

(C) A school district may use space in child day-care centers	63086
licensed under Chapter 5104. of the Revised Code to provide	63087
all-day kindergarten under this section.	63088

Sec. 3321.13. (A) Whenever any child of compulsory school	63089
age withdraws from school the teacher of that child shall	63090
ascertain the reason for withdrawal. The fact of the withdrawal	63091
and the reason for it shall be immediately transmitted by the	63092
teacher to the superintendent ~~of schools~~ of the city, local, or	63093
exempted village school district ~~or the educational service center~~	63094
~~as the case may be~~. If the child who has withdrawn from school has	63095
done so because of change of residence, the next residence shall	63096
be ascertained and shall be included in the notice thus	63097
transmitted. The superintendent shall thereupon forward a card	63098
showing the essential facts regarding the child and stating the	63099
place of the child's new residence to the superintendent of	63100
schools of the district to which the child has moved.	63101

The superintendent of public instruction may prescribe the	63102
forms to be used in the operation of this division.	63103

(B)(1) Upon receipt of information that a child of compulsory	63104
school age has withdrawn from school for a reason other than	63105
because of change of residence and is not enrolled in and	63106
attending in accordance with school policy an approved program to	63107
obtain a diploma or its equivalent, the superintendent shall	63108
notify the registrar of motor vehicles and the juvenile judge of	63109
the county in which the district is located of the withdrawal and	63110
failure to enroll in and attend an approved program to obtain a	63111
diploma or its equivalent. A notification to the registrar	63112
required by this division shall be given in the manner the	63113
registrar by rule requires and a notification to the juvenile	63114
judge required by this division shall be given in writing. Each	63115
notification shall be given within two weeks after the withdrawal	63116
and failure to enroll in and attend an approved program or its	63117
equivalent.	63118

(2) The board of education of a school district may adopt a	63119
resolution providing that the provisions of division (B)(2) of	63120
this section apply within the district. The provisions of division	63121
(B)(2) of this section do not apply within any school district,	63122
and no superintendent of a school district shall send a	63123
notification of the type described in division (B)(2) of this	63124
section to the registrar of motor vehicles or the juvenile judge	63125
of the county in which the district is located, unless the board	63126
of education of the district has adopted such a resolution. If the	63127
board of education of a school district adopts a resolution	63128
providing that the provisions of division (B)(2) of this section	63129
apply within the district, and if the superintendent of schools of	63130
that district receives information that, during any semester or	63131
term, a child of compulsory school age has been absent without	63132
legitimate excuse from the school the child is supposed to attend	63133
for more than ten consecutive school days or for at least fifteen	63134
total school days, the superintendent shall notify the child and	63135
the child's parent, guardian, or custodian, in writing, that the	63136
information has been provided to the superintendent, that as a	63137
result of that information the child's temporary instruction	63138
permit or driver's license will be suspended or the opportunity to	63139
obtain such a permit or license will be denied, and that the child	63140
and the child's parent, guardian, or custodian may appear in	63141
person at a scheduled date, time, and place before the	63142
superintendent or a designee to challenge the information provided	63143
to the superintendent.	63144

The notification to the child and the child's parent,	63145
guardian, or custodian required by division (B)(2) of this section	63146
shall set forth the information received by the superintendent and	63147
shall inform the child and the child's parent, guardian, or	63148
custodian of the scheduled date, time, and place of the appearance	63149
that they may have before the superintendent or a designee. The	63150
date scheduled for the appearance shall be no earlier than three	63151
and no later than five days after the notification is given,	63152
provided that an extension may be granted upon request of the	63153
child or the child's parent, guardian, or custodian. If an	63154
extension is granted, the superintendent shall schedule a new	63155
date, time, and place for the appearance and shall inform the	63156
child and the child's parent, guardian, or custodian of the new	63157
date, time, and place.	63158

If the child and the child's parent, guardian, or custodian	63159
do not appear before the superintendent or a designee on the	63160
scheduled date and at the scheduled time and place, or if the	63161
child and the child's parent, guardian, or custodian appear before	63162
the superintendent or a designee on the scheduled date and at the	63163
scheduled time and place but the superintendent or a designee	63164
determines that the information the superintendent received	63165
indicating that, during the semester or term, the child had been	63166
absent without legitimate excuse from the school the child was	63167
supposed to attend for more than ten consecutive school days or	63168
for at least fifteen total school days, the superintendent shall	63169
notify the registrar of motor vehicles and the juvenile judge of	63170
the county in which the district is located that the child has	63171
been absent for that period of time and that the child does not	63172
have any legitimate excuse for the habitual absence. A	63173
notification to the registrar required by this division shall be	63174
given in the manner the registrar by rule requires and a	63175
notification to the juvenile judge required by this division shall	63176
be given in writing. Each notification shall be given within two	63177
weeks after the receipt of the information of the habitual absence	63178
from school without legitimate excuse, or, if the child and the	63179
child's parent, guardian, or custodian appear before the	63180
superintendent or a designee to challenge the information, within	63181
two weeks after the appearance.	63182

For purposes of division (B)(2) of this section, a legitimate	63183
excuse for absence from school includes, but is not limited to,	63184
the fact that the child in question has enrolled in another school	63185
or school district in this or another state, the fact that the	63186
child in question was excused from attendance for any of the	63187
reasons specified in section 3321.04 of the Revised Code, or the	63188
fact that the child in question has received an age and schooling	63189
certificate in accordance with section 3331.01 of the Revised	63190
Code.	63191

(3) Whenever a pupil is suspended or expelled from school	63192
pursuant to section 3313.66 of the Revised Code and the reason for	63193
the suspension or expulsion is the use or possession of alcohol, a	63194
drug of abuse, or alcohol and a drug of abuse, the superintendent	63195
of schools of that district may notify the registrar and the	63196
juvenile judge of the county in which the district is located of	63197
such suspension or expulsion. Any such notification of suspension	63198
or expulsion shall be given to the registrar, in the manner the	63199
registrar by rule requires and shall be given to the juvenile	63200
judge in writing. The notifications shall be given within two	63201
weeks after the suspension or expulsion.	63202

(4) Whenever a pupil is suspended, expelled, removed, or	63203
permanently excluded from a school for misconduct included in a	63204
policy that the board of education of a city, exempted village, or	63205
local school district has adopted under division (A) of section	63206
3313.661 of the Revised Code, and the misconduct involves a	63207
firearm or a knife or other weapon as defined in that policy, the	63208
superintendent of schools of that district shall notify the	63209
registrar and the juvenile judge of the county in which the	63210
district is located of the suspension, expulsion, removal, or	63211
permanent exclusion. The notification shall be given to the	63212
registrar in the manner the registrar, by rule, requires and shall	63213
be given to the juvenile judge in writing. The notifications shall	63214
be given within two weeks after the suspension, expulsion,	63215
removal, or permanent exclusion.	63216

(C) A notification of withdrawal, habitual absence without	63217
legitimate excuse, suspension, or expulsion given to the registrar	63218
or a juvenile judge under division (B)(1), (2), (3), or (4) of	63219
this section shall contain the name, address, date of birth,	63220
school, and school district of the child. If the superintendent	63221
finds, after giving a notification of withdrawal, habitual absence	63222
without legitimate excuse, suspension, or expulsion to the	63223
registrar and the juvenile judge under division (B)(1), (2), (3),	63224
or (4) of this section, that the notification was given in error,	63225
the superintendent immediately shall notify the registrar and the	63226
juvenile judge of that fact.	63227

Sec. 3321.14. Notwithstanding division (D) of section	63228
3311.19 and division (D) of section 3311.52 of the Revised Code,	63229
the provisions of this section and sections 3321.15 to 3321.21 of	63230
the Revised Code that apply to a city school district or its	63231
superintendent do not apply to any joint vocational or cooperative	63232
education school district or its superintendent unless otherwise	63233
specified.	63234

The board of education of every city ~~school district and of~~	63235
~~every~~, exempted village, or local school district shall either	63236
employ an attendance officer, and may employ or appoint any	63237
assistants that the board deems advisable, or shall obtain such	63238
services from the educational service center with which the	63239
district has entered into an agreement under section 3313.843 or	63240
3313.845 of the Revised Code, in accordance with the terms	63241
prescribed in that agreement. In	63242

In cities of one hundred thousand population or over, the	63243
board may appoint, subject to the nomination of the district	63244
superintendent ~~of schools~~, one or more pupil-personnel workers and	63245
make provision for the traveling expenses within the school	63246
district of those employees.	63247

Sec. 3321.15. Every governing board of an educational	63248
service center ~~shall~~may employ an educational service center	63249
attendance officer, and may employ or appoint such assistants as	63250
the board deems advisable. The decision to employ an attendance	63251
officer shall be based on consultation with the districts that	63252
have entered into agreements with the educational service center	63253
under section 3313.843 or 3313.845 of the Revised Code and the	63254
services outlined in the agreements. The compensation and	63255
necessary traveling expenses of such attendance officer and	63256
assistants shall be paid out of the educational service center	63257
governing board fund. With the consent and approval of the judge	63258
of the juvenile court, a probation officer of the court may be	63259
designated as the service center attendance officer or as an	63260
assistant. The compensation of the probation officers of the	63261
juvenile court so designated shall be fixed and paid in the same	63262
manner as salaries of other probation officers of the juvenile	63263
court; their traveling expenses as attendance officers which would	63264
not be incurred as probation officers shall be paid out of the	63265
educational service center governing board fund. In addition to	63266
the compensation provided in this section the board may pay such	63267
additional compensation as it deems advisable, to any probation	63268
officer designated as attendance officer and such additional	63269
amount shall be paid from the educational service center governing	63270
board fund. The attendance officer and assistants shall work under	63271
the direction of the educational service center superintendent.	63272
The authority of such attendance officer and assistants ~~shall~~may	63273
extend to all the ~~local~~ school districts served by the service	63274
center pursuant to any agreements entered into under section	63275
3313.843 or 3313.845 of the Revised Code. This section does not	63276
confine their authority to investigate ~~employment~~attendance to	63277
that within the territory of the service center.	63278

Sec. 3323.021. As used in this section, "participating	63279
county DD board" means a county board of developmental	63280
disabilities electing to participate in the provision of or	63281
contracting for educational services for children under division	63282
(D) of section 5126.05 of the Revised Code.	63283

(A) When a school district, educational service center, or	63284
participating county DD board enters into an agreement or contract	63285
with another school district, educational service center, or	63286
participating county DD board to provide educational services to a	63287
disabled child during a school year, both of the following shall	63288
apply:	63289

(1) Beginning with fiscal year 1999, if the provider of the	63290
services intends to increase the amount it charges for some or all	63291
of those services during the next school year or if the provider	63292
intends to cease offering all or part of those services during the	63293
next school year, the provider shall notify the entity for which	63294
the services are provided of these intended changes no later than	63295
the first day of March of the current fiscal year.	63296

(2) Beginning with fiscal year 1999, if the entity for which	63297
services are provided intends to cease obtaining those services	63298
from the provider for the next school year or intends to change	63299
the type or amount of services it obtains from the provider for	63300
the next school year, the entity shall notify the service provider	63301
of these intended changes no later than the first day of March of	63302
the current fiscal year.	63303

(B) School districts, educational service centers,	63304
participating county DD boards, and other applicable governmental	63305
entities shall collaborate where possible to maximize federal	63306
sources of revenue to provide additional funds for special	63307
education related services for disabled children. Annually, each	63308
school district shall report to the department of education any	63309
amounts of ~~money~~such federal revenue the district received	63310
~~through such medical assistance program~~.	63311

(C) The state board of education, the department of	63312
developmental disabilities, and the department of ~~job and family~~	63313
~~services~~medicaid shall develop working agreements for pursuing	63314
additional funds for services for disabled children.	63315

Sec. 3323.03. The state board of education shall, in	63316
consultation with the department of health, the department of	63317
~~mental health~~mental health and addiction services, and the	63318
department of developmental disabilities, establish standards and	63319
procedures for the identification, location, and evaluation of all	63320
children with disabilities residing in the state, including	63321
children with disabilities who are homeless children or are wards	63322
of the state and children with disabilities attending nonpublic	63323
schools, regardless of the severity of their disabilities, and who	63324
are in need of special education and related services. The state	63325
board shall develop and implement a practical method to determine	63326
which children with disabilities are currently receiving needed	63327
special education and related services.	63328

In conducting the evaluation, the board of education of each	63329
school district shall use a variety of assessment tools and	63330
strategies to gather relevant functional, developmental, and	63331
academic information about the child, including information	63332
provided by the child's parent. The board of education of each	63333
school district, in consultation with the county DD board, the	63334
county family and children first council, and the board of	63335
alcohol, drug addiction, and mental health services of each county	63336
in which the school district has territory, shall identify,	63337
locate, and evaluate all children with disabilities residing	63338
within the district to determine which children with disabilities	63339
are not receiving appropriate special education and related	63340
services. In addition, the board of education of each school	63341
district, in consultation with such county boards or council,	63342
shall identify, locate, and evaluate all children with	63343
disabilities who are enrolled by their parents in nonpublic	63344
elementary and secondary schools located within the public school	63345
district, without regard to where those children reside in	63346
accordance with rules of the state board of education or	63347
guidelines of the superintendent of public instruction.	63348

Each county DD board, county family and children first	63349
council, and board of alcohol, drug addiction, and mental health	63350
services and the board's or council's contract agencies may	63351
transmit to boards of education the names and addresses of	63352
children with disabilities who are not receiving appropriate	63353
special education and related services.	63354

Sec. 3323.04. The state board of education, in consultation	63355
with the department of ~~mental health~~mental health and addiction	63356
services and the department of developmental disabilities, shall	63357
establish procedures and standards for the development of	63358
individualized education programs for children with disabilities.	63359

The state board shall require the board of education of each	63360
school district to develop an individualized education program for	63361
each child with a disability who is at least three years of age	63362
and less than twenty-two years of age residing in the district in	63363
a manner that is in accordance with rules of the state board.	63364

Prior to the placement of a child with a disability in a	63365
program operated under section 3323.09 of the Revised Code, the	63366
district board of education shall consult the county DD board of	63367
the county in which the child resides regarding the proposed	63368
placement.	63369

A child with a disability enrolled in a nonpublic school or	63370
facility shall be provided special education and related services,	63371
in accordance with an individualized education program, at no cost	63372
for those services, if the child is placed in, or referred to,	63373
that nonpublic school or facility by the department of education	63374
or a school district.	63375

The IEP team shall review the individualized education	63376
program of each child with a disability periodically, but at least	63377
annually, to determine whether the annual goals for the child are	63378
being achieved, and shall revise the individualized education	63379
program as appropriate.	63380

The state board shall establish procedures and standards to	63381
assure that to the maximum extent appropriate, children with	63382
disabilities, including children in public or private institutions	63383
or other care facilities, shall be educated with children who are	63384
not disabled. Special classes, separate schools, or other removal	63385
of children with disabilities from the regular educational	63386
environment shall be used only when the nature or severity of a	63387
child's disability is such that education in regular classes with	63388
supplementary aids and services cannot be achieved satisfactorily.	63389

If an agency directly affected by a placement decision	63390
objects to such decision, an impartial hearing officer, appointed	63391
by the department of education from a list prepared by the	63392
department, shall conduct a hearing to review the placement	63393
decision. The agencies that are parties to a hearing shall divide	63394
the costs of such hearing equally. The decision of the hearing	63395
officer shall be final, except that any party to the hearing who	63396
is aggrieved by the findings or the decision of the hearing	63397
officer may appeal the findings or decision in accordance with	63398
division (H) of section 3323.05 of the Revised Code or the parent	63399
of any child affected by such decision may present a complaint in	63400
accordance with that section.	63401

Sec. 3323.07. The state board of education shall authorize	63402
the establishment and maintenance of special education and related	63403
services for all children with disabilities who are at least three	63404
years of age and less than twenty-two years of age, including	63405
children with disabilities who have been suspended or expelled	63406
from school, and may authorize special education and related	63407
services for children with disabilities who are less than three	63408
years of age in accordance with rules adopted by the state board.	63409
The state board shall require the boards of education of school	63410
districts, shall authorize the department of ~~mental health~~mental	63411
health and addiction services and the department of developmental	63412
disabilities, and may authorize any other educational agency, to	63413
establish and maintain such special education and related services	63414
in accordance with standards adopted by the state board.	63415

Sec. 3323.08. (A) Each school district shall submit a plan	63416
to the superintendent of public instruction that provides	63417
assurances that the school district will provide for the education	63418
of children with disabilities within its jurisdiction and has in	63419
effect policies, procedures, and programs that are consistent with	63420
the policies and procedures adopted by the state board of	63421
education in accordance with section 612 of the "Individuals with	63422
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	63423
and that meet the conditions applicable to school districts under	63424
section 613 of that act, 20 U.S.C. 1413.	63425

Each district's plan shall do all of the following:

63426

(1) Provide, as specified in section 3323.11 of the Revised	63427
Code and in accordance with standards established by the state	63428
board, for an organizational structure and necessary and qualified	63429
staffing and supervision for the identification of and provision	63430
of special education and related services for children with	63431
disabilities;	63432

(2) Provide, as specified by section 3323.03 of the Revised	63433
Code and in accordance with standards established by the state	63434
board, for the identification, location, and evaluation of all	63435
children with disabilities residing in the district, including	63436
children with disabilities who are homeless children or are wards	63437
of the state and children with disabilities attending private	63438
schools and who are in need of special education and related	63439
services. A practical method shall be developed and implemented to	63440
determine which children with disabilities are currently receiving	63441
needed special education and related services.	63442

(3) Provide, as specified by section 3323.07 of the Revised	63443
Code and standards established by the state board, for the	63444
establishment and maintenance of special education and related	63445
services for children with disabilities who are at least three	63446
years of age and less than twenty-two years of age, including	63447
children with disabilities who have been suspended or expelled	63448
from school.	63449

(4) Provide, as specified by section 3323.04 of the Revised	63450
Code and in accordance with standards adopted by the state board,	63451
for an individualized education program for each child with a	63452
disability who is at least three years of age and less than	63453
twenty-two years of age residing within the district;	63454

(5) Provide, as specified by section 3323.02 of the Revised	63455
Code and in accordance with standards established by the state	63456
board, for special education and related services and a free	63457
appropriate public education for every child with a disability who	63458
is at least three years of age and less than twenty-two years of	63459
age, including children with disabilities who have been suspended	63460
or expelled from school;	63461

(6) Provide procedural safeguards and prior written notice as	63462
required under section 3323.05 of the Revised Code and the	63463
standards established by the state board;	63464

(7) Outline the steps that have been or are being taken to	63465
comply with standards established by the state board.	63466

(B)(1) A school district may arrange, by a cooperative	63467
agreement or contract with one or more school districts or with a	63468
cooperative education or joint vocational school district or an	63469
educational service center, to provide for the identification,	63470
location, and evaluation of children with disabilities, and to	63471
provide special education and related services for such children	63472
that meet the standards established by the state board. A school	63473
district may arrange, by a cooperative agreement or contract, for	63474
the provision of related services for children with disabilities	63475
that meet the standards established by the state board.	63476

(2) A school district shall arrange by interagency agreement	63477
with one or more school districts or with a cooperative education	63478
or joint vocational school district or an educational service	63479
center or other providers of early learning services to provide	63480
for the identification, location, evaluation of children with	63481
disabilities of ages birth through five years of age and for the	63482
transition of children with disabilities at age three in	63483
accordance with the standards established by the state board. A	63484
school district may arrange by interagency agreement with	63485
providers of early learning services to provide special education	63486
and related services for such children that meet the standards	63487
established by the state board.	63488

(3) If at the time an individualized education program is	63489
developed for a child a school district is not providing special	63490
education and related services required by that individualized	63491
education program, the school district may arrange by contract	63492
with a nonpublic entity for the provision of the special education	63493
and related services, provided the special education and related	63494
services meet the standards for special education and related	63495
services established by the state board and is provided within the	63496
state.	63497

(4) Any cooperative agreement or contract under division	63498
(B)(1) or (2) of this section involving a local school district	63499
shall be approved by the governing board of the educational	63500
service center which serves that district.	63501

(C) No plan of a local school district shall be submitted to	63502
the superintendent of public instruction until it has been	63503
approved by the superintendent of the educational service center	63504
which serves that district.	63505

(D) Upon approval of a school district's plan by the	63506
superintendent of public instruction, the district shall	63507
immediately certify students for state funds under section 3317.03	63508
of the Revised Code to implement and maintain such plan. ~~The~~	63509
~~district also shall request approval of classroom units under~~	63510
~~division (B) of section 3317.05 of the Revised Code for which the~~	63511
~~district has adequately identified preschool children with~~	63512
~~disabilities and shall, in accordance with procedures adopted by~~	63513
~~the state board, request approval of units under division (C) of~~	63514
~~section 3317.05 of the Revised Code.~~ The district shall, in	63515
accordance with guidelines adopted by the state board, identify	63516
problems relating to the provision of qualified personnel and	63517
adequate facilities, and indicate the extent to which the cost of	63518
programs required under the plan will exceed anticipated state	63519
reimbursement. Each school district shall immediately implement	63520
the identification, location, and evaluation of children with	63521
disabilities in accordance with this chapter, and shall implement	63522
those parts of the plan involving placement and provision of	63523
special education and related services.	63524

Sec. 3323.09. (A) As used in this section:

63525

(1) "Home" has the meaning given in section 3313.64 of the	63526
Revised Code.	63527

(2) "Preschool child" means a child who is at least age three	63528
but under age six on the thirtieth day of September of an academic	63529
year.	63530

(B) Each county DD board shall establish special education	63531
programs for all children with disabilities who in accordance with	63532
section 3323.04 of the Revised Code have been placed in special	63533
education programs operated by the county board and for preschool	63534
children who are developmentally delayed or at risk of being	63535
developmentally delayed. The board annually shall submit to the	63536
department of education a plan for the provision of these programs	63537
~~and, if applicable, a request for approval of units under section~~	63538
~~3317.05 of the Revised Code~~. The superintendent of public	63539
instruction shall review the plan and approve or modify it in	63540
accordance with rules adopted by the state board of education	63541
under section 3301.07 of the Revised Code. The superintendent of	63542
public instruction shall compile the plans submitted by county	63543
boards and shall submit a comprehensive plan to the state board.	63544

A county DD board may combine transportation for children	63545
enrolled in classes funded under ~~section~~sections 3317.0213 or	63546
3317.20 ~~or units approved under section 3317.05~~ with	63547
transportation for children and adults enrolled in programs and	63548
services offered by the board under Chapter 5126. of the Revised	63549
Code.	63550

(C) A county DD board that during the school year provided	63551
special education pursuant to this section for any child with	63552
mental disabilities under twenty-two years of age shall prepare	63553
and submit the following reports and statements:	63554

(1) The board shall prepare a statement for each child who at	63555
the time of receiving such special education was a resident of a	63556
home and was not in the legal or permanent custody of an Ohio	63557
resident or a government agency in this state, and whose natural	63558
or adoptive parents are not known to have been residents of this	63559
state subsequent to the child's birth. The statement shall contain	63560
the child's name, the name of the child's school district of	63561
residence, the name of the county board providing the special	63562
education, and the number of months, including any fraction of a	63563
month, it was provided. Not later than the thirtieth day of June,	63564
the board shall forward a certified copy of such statement to both	63565
the director of developmental disabilities and to the home.	63566

Within thirty days after its receipt of a statement, the home	63567
shall pay tuition to the county board computed in the manner	63568
prescribed by section 3323.141 of the Revised Code.	63569

(2) The board shall prepare a report for each school district	63570
that is the school district of residence of one or more of such	63571
children for whom statements are not required by division (C)(1)	63572
of this section. The report shall contain the name of the county	63573
board providing special education, the name of each child	63574
receiving special education, the number of months, including	63575
fractions of a month, that the child received it, and the name of	63576
the child's school district of residence. Not later than the	63577
thirtieth day of June, the board shall forward certified copies of	63578
each report to the school district named in the report, the	63579
superintendent of public instruction, and the director of	63580
developmental disabilities.	63581

Sec. 3323.091. (A) The department of ~~mental health~~mental	63582
health and addiction services, the department of developmental	63583
disabilities, the department of youth services, and the department	63584
of rehabilitation and correction shall establish and maintain	63585
special education programs for children with disabilities in	63586
institutions under their jurisdiction according to standards	63587
adopted by the state board of education.	63588

(B) ~~The superintendent of each state institution required to~~	63589
~~provide services under division (A) of this section, and each~~	63590
~~county DD board, providing special education for preschool~~	63591
~~children with disabilities under this chapter may apply to the~~	63592
~~state department of education for unit funding, which shall be~~	63593
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	63594
~~Revised Code.~~	63595

The superintendent of each state institution required to	63596
provide services under division (A) of this section may apply to	63597
the department of education for special education and related	63598
services ~~weighted~~ funding for children with disabilities other	63599
than preschool children with disabilities, calculated in	63600
accordance with section 3317.201 of the Revised Code.	63601

Each county DD board providing special education for children	63602
with disabilities other than preschool children with disabilities	63603
may apply to the department of education for ~~base cost and~~	63604
opportunity funds and special education and related services	63605
~~weighted~~ funding calculated in accordance with section 3317.20 of	63606
the Revised Code.	63607

(C) In addition to the authorization to apply for state	63608
funding described in division (B) of this section, each state	63609
institution required to provide services under division (A) of	63610
this section is entitled to tuition payments calculated in the	63611
manner described in division (C) of this section.	63612

On or before the thirtieth day of June of each year, the	63613
superintendent of each institution that during the school year	63614
provided special education pursuant to this section shall prepare	63615
a statement for each child with a disability under twenty-two	63616
years of age who has received special education. The statement	63617
shall contain the child's data verification code assigned pursuant	63618
to division (D)(2) of section 3301.0714 of the Revised Code and	63619
the name of the child's school district of residence. Within sixty	63620
days after receipt of such statement, the department of education	63621
shall perform one of the following:	63622

(1) For any child except a preschool child with a disability	63623
described in division (C)(2) of this section, pay to the	63624
institution submitting the statement an amount equal to the	63625
tuition calculated under division (A) of section 3317.08 of the	63626
Revised Code for the period covered by the statement, and deduct	63627
the same from the amount of state funds, if any, payable under	63628
Chapter 3317. of the Revised Code, to the child's school district	63629
of residence or, if the amount of such state funds is	63630
insufficient, require the child's school district of residence to	63631
pay the institution submitting the statement an amount equal to	63632
the amount determined under this division.	63633

(2) For any preschool child with a disability ~~not included in~~	63634
~~a unit approved under division (B) of section 3317.05 of the~~	63635
~~Revised Code~~, perform the following:	63636

(a) Pay to the institution submitting the statement an amount	63637
equal to the tuition calculated under division (B) of section	63638
3317.08 of the Revised Code for the period covered by the	63639
statement, except that in calculating the tuition under that	63640
section the operating expenses of the institution submitting the	63641
statement under this section shall be used instead of the	63642
operating expenses of the school district of residence;	63643

(b) Deduct from the amount of state funds, if any, payable	63644
under Chapter 3317. of the Revised Code to the child's school	63645
district of residence an amount equal to the amount paid under	63646
division (C)(2)(a) of this section.	63647

Sec. 3323.13. (A) If a child who is a school resident of one	63648
school district receives special education from another district,	63649
the board of education of the district providing the education,	63650
subject to division (C) of this section, may require the payment	63651
by the board of education of the district of residence of a sum	63652
not to exceed one of the following, as applicable:	63653

(1) For any child except a preschool child with a disability	63654
described in division (A)(2) of this section, the tuition of the	63655
district providing the education for a child of normal needs of	63656
the same school grade. The determination of the amount of such	63657
tuition shall be in the manner provided for by division (A) of	63658
section 3317.08 of the Revised Code.	63659

(2) For any preschool child with a disability ~~not included in~~	63660
~~a unit approved under division (B) of section 3317.05 of the~~	63661
~~Revised Code~~, the tuition of the district providing the education	63662
for the child as calculated under division (B) of section 3317.08	63663
of the Revised Code, multiplied by 0.50.	63664

(B) The board of the district of residence may contract with	63665
the board of another district for the transportation of such child	63666
into any school in such other district, on terms agreed upon by	63667
such boards. Upon direction of the state board of education, the	63668
board of the district of residence shall pay for the child's	63669
transportation and the tuition.	63670

(C) The board of education of a district providing the	63671
education for a child shall be entitled to require payment from	63672
the district of residence under this section or section 3323.14 of	63673
the Revised Code only if the district providing the education has	63674
done at least one of the following:	63675

(1) Invited the district of residence to send representatives	63676
to attend the meetings of the team developing the child's	63677
individualized education program;	63678

(2) Received from the district of residence a copy of the	63679
individualized education program or a multifactored evaluation	63680
developed for the child by the district of residence;	63681

(3) Informed the district of residence in writing that the	63682
district is providing the education for the child.	63683

As used in division (C)(2) of this section, "multifactored	63684
evaluation" means an evaluation, conducted by a multidisciplinary	63685
team, of more than one area of the child's functioning so that no	63686
single procedure shall be the sole criterion for determining an	63687
appropriate educational program placement for the child.	63688

Sec. 3323.14. ~~This section does not apply to any preschool~~	63689
~~child with a disability except if included in a unit approved~~	63690
~~under division (B) of section 3317.05 of the Revised Code.~~	63691

(A) Where a child who is a school resident of one school	63692
district receives special education from another district and the	63693
per capita cost to the educating district for that child exceeds	63694
the sum of the amount received by the educating district for that	63695
child under division (A) of section 3317.08 of the Revised Code	63696
and the amount received by the district from the state board of	63697
education for that child, then the board of education of the	63698
district of residence shall pay to the board of the school	63699
district that is providing the special education such excess cost	63700
as is determined by using a formula approved by the department of	63701
education and agreed upon in contracts entered into by the boards	63702
of the districts concerned at the time the district providing such	63703
special education accepts the child for enrollment. The department	63704
shall certify the amount of the payments under Chapter 3317. of	63705
the Revised Code for such pupils with disabilities for each school	63706
year ending on the thirtieth day of July.	63707

(B) In the case of a child described in division (A) of this	63708
section who has been placed in a home, as defined in section	63709
3313.64 of the Revised Code, pursuant to the order of a court and	63710
who is not subject to section 3323.141 of the Revised Code, the	63711
district providing the child with special education and related	63712
services may charge to the child's district of residence the	63713
excess cost determined by formula approved by the department,	63714
regardless of whether the district of residence has entered into a	63715
contract with the district providing the services. If the district	63716
providing the services chooses to charge excess costs, the	63717
district may report the amount calculated under this division to	63718
the department.	63719

(C) If a district providing special education for a child	63720
reports an amount for the excess cost of those services, as	63721
authorized and calculated under division (A) or (B) of this	63722
section, the department shall pay that amount of excess cost to	63723
the district providing the services and shall deduct that amount	63724
from the child's district of residence in accordance with division	63725
(K) of section 3317.023 of the Revised Code.	63726

Sec. 3323.141. (A) When a child who is not in the legal or	63727
permanent custody of an Ohio resident or a government agency in	63728
this state and whose natural or adoptive parents are not known to	63729
have been residents of this state subsequent to the child's birth	63730
is a resident of a home as defined in section 3313.64 of the	63731
Revised Code and receives special education and related services	63732
from a school district or county ~~MR/DD~~DD board, the home shall	63733
pay tuition to the board providing the special education.	63734

(B) In the case of a child described in division (A) of this	63735
section who receives special education and related services from a	63736
school district, tuition shall be the amount determined under	63737
division (B)(1) or (2) of this section.	63738

(1) For a child other than a child described in division	63739
(B)(2) of this section the tuition shall be an amount equal to the	63740
sum of the following:	63741

(a) Tuition as determined in the manner provided for by	63742
division (B) of section 3317.081 of the Revised Code for the	63743
district that provides the special education;	63744

(b) Such excess cost as is determined by using a formula	63745
established by rule of the department of education. The excess	63746
cost computed in this section shall not be used as excess cost	63747
computed under section 3323.14 of the Revised Code.	63748

(2) For a child who is a preschool child with a disability	63749
~~not included in a unit approved under division (B) of section~~	63750
~~3317.05 of the Revised Code~~, the tuition shall be computed as	63751
follows:	63752

(a) Determine the amount of the tuition of the district	63753
providing the education for the child as calculated under division	63754
(B) of section 3317.08 of the Revised Code;	63755

(b) For each type of special education service included in	63756
the computation of the amount of tuition under division (B)(2)(a)	63757
of this section, divide the amount determined for that computation	63758
under division (B)(2) of section 3317.08 of the Revised Code by	63759
the total number of preschool children with disabilities used for	63760
that computation under division (B)(3) of section 3317.08 of the	63761
Revised Code;	63762

(c) Determine the sum of the quotients obtained under	63763
division (B)(2)(b) of this section;	63764

(d) Determine the sum of the amounts determined under	63765
divisions (B)(2)(a) and (c) of this section.	63766

(C) In the case of a child described in division (A) of this	63767
section who receives special education and related services from a	63768
county ~~MR/DD~~DD board, tuition shall be the amount determined	63769
under division (C)(1) or (2) of this section.	63770

(1) For a child other than a child described in division	63771
(C)(2) of this section, the tuition shall be an amount equal to	63772
such board's per capita cost of providing special education and	63773
related services for children at least three but less than	63774
twenty-two years of age as determined by using a formula	63775
established by rule of the department of developmental	63776
disabilities.	63777

(2) For a child who is a preschool child with a disability	63778
~~not included in a unit approved under division (B) of section~~	63779
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	63780
the amounts of each such board's per capita cost of providing each	63781
of the special education or related service that the child	63782
receives. The calculation of tuition shall be made by using a	63783
formula established by rule of the department of developmental	63784
disabilities. The formula for the calculation of per capita costs	63785
under division (C)(2) of this section shall be based only on each	63786
such ~~MR/DD~~DD board's cost of providing each type of special	63787
education or related service to preschool children with	63788
disabilities ~~not included in a unit approved under division (B) of~~	63789
~~section 3317.05 of the Revised Code~~.	63790

(D) If a home fails to pay the tuition required under this	63791
section, the board of education or county ~~MR/DD~~DD board providing	63792
the education may recover in a civil action the tuition and the	63793
expenses incurred in prosecuting the action, including court costs	63794
and reasonable attorney's fees. If the prosecuting attorney or	63795
city director of law represents the board in such action, costs	63796
and reasonable attorney's fees awarded by the court, based upon	63797
the time spent preparing and presenting the case by the	63798
prosecuting attorney, director, or a designee of either, shall be	63799
deposited in the county or city general fund.	63800

Sec. 3323.142. ~~This section does not apply to any preschool~~	63801
~~child with a disability except if included in a unit approved~~	63802
~~under division (B) of section 3317.05 of the Revised Code.~~	63803

As used in this section, "per pupil amount" for a preschool	63804
child with a disability included in such an approved unit means	63805
the amount determined by dividing the amount received for the	63806
classroom unit in which the child has been placed by the number of	63807
children in the unit. For any other child, "per pupil amount"	63808
means the amount paid for the child under section 3317.20 of the	63809
Revised Code.	63810

When a school district places or has placed a child with a	63811
county DD board for special education, but another district is	63812
responsible for tuition under section 3313.64 or 3313.65 of the	63813
Revised Code and the child is not a resident of the territory	63814
served by the county DD board, the board may charge the district	63815
responsible for tuition with the educational costs in excess of	63816
the per pupil amount received by the board under Chapter 3317. of	63817
the Revised Code. The amount of the excess cost shall be	63818
determined by the formula established by rule of the department of	63819
education under section 3323.14 of the Revised Code, and the	63820
payment for such excess cost shall be made by the school district	63821
directly to the county DD board.	63822

A school district board of education and the county DD board	63823
that serves the school district may negotiate and contract, at or	63824
after the time of placement, for payments by the board of	63825
education to the county DD board for additional services provided	63826
to a child placed with the county DD board and whose	63827
individualized education program established pursuant to section	63828
3323.08 of the Revised Code requires additional services that are	63829
not routinely provided children in the county DD board's program	63830
but are necessary to maintain the child's enrollment and	63831
participation in the program. Additional services may include, but	63832
are not limited to, specialized supplies and equipment for the	63833
benefit of the child and instruction, training, or assistance	63834
provided by staff members other than staff members for which	63835
funding is received under Chapter 3317. of the Revised Code.	63836

Sec. 3325.13. The state school for the blind employees food	63837
service fund is hereby created in the state treasury. The fund	63838
shall consist of payments received from employees who make	63839
purchases from the school's food service program. Notwithstanding	63840
section 3325.01 of the Revised Code, the approval of the state	63841
board of education is not required to designate money for deposit	63842
into the fund. The school for the blind shall use money in the	63843
fund to pay costs associated with the school's food service	63844
program.	63845

Sec. 3325.14. The state school for the deaf employees food	63846
service fund is hereby created in the state treasury. The fund	63847
shall consist of payments received from employees who make	63848
purchases from the school's food service program. Notwithstanding	63849
section 3325.01 of the Revised Code, the approval of the state	63850
board of education is not required to designate money for deposit	63851
into the fund. The school for the deaf shall use money in the fund	63852
to pay costs associated with the school's food service program.	63853

Sec. 3326.07. Each science, technology, engineering, and	63854
mathematics school established under this chapter is a public	63855
school, is part of the state's program of education, may contract	63856
for any services necessary for the operation of the school, and	63857
may continue in operation for as long as the school is in	63858
compliance with the provisions of this chapter and with the	63859
proposal for its establishment as approved by the STEM committee.	63860
If the school closes for any reason, its assets shall be	63861
distributed in the manner provided in the proposal for its	63862
establishment as required by division (C)(9) of section 3326.03 of	63863
the Revised Code.	63864

Sec. 3326.08. (A) The governing body of each science,	63865
technology, engineering, and mathematics school shall ~~employ and~~	63866
~~fix the compensation for the~~engage the services of administrative	63867
officers, teachers, and nonteaching employees of the STEM school	63868
necessary for the school to carry out its mission and shall	63869
oversee the operations of the school. The governing body of each	63870
STEM school shall ~~employ~~engage the services of a chief	63871
administrative officer to serve as the school's instructional and	63872
administrative leader. The chief administrative officer shall be	63873
granted the authority to oversee the recruitment, retention, and	63874
employment of teachers and nonteaching employees.	63875

(B) The department of education shall monitor the oversight	63876
of each STEM school exercised by the school's governing body and	63877
shall monitor the school's compliance with this chapter and with	63878
the proposal for the establishment of the school as it was	63879
approved by the STEM committee under section 3326.04 of the	63880
Revised Code. If the department finds that the school is not in	63881
compliance with this chapter or with the proposal, the department	63882
shall consult with the STEM committee, and the committee may order	63883
the school to close on the last day of the school year in which	63884
the committee issues its order.	63885

(C) The governing body of each STEM school shall comply with	63886
sections 121.22 and 149.43 of the Revised Code.	63887

Sec. 3326.11. Each science, technology, engineering, and	63888
mathematics school established under this chapter and its	63889
governing body shall comply with sections 9.90, 9.91, 109.65,	63890
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	63891
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	63892
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	63893
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	63894
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	63895
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	63896
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	63897
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	63898
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	63899
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	63900
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	63901
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	63902
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	63903
4123., 4141., and 4167. of the Revised Code as if it were a school	63904
district.	63905

Sec. 3326.112. The governing body of each STEM school shall	63906
comply with the standards for financial reporting adopted under	63907
division (B)(2) of section 3301.07 of the Revised Code.	63908

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	63909
Revised Code:	63910

(A) ~~"Applicable special education weight" means the multiple~~	63911
~~specified in section 3317.013 of the Revised Code for a disability~~	63912
~~described in that section.~~	63913

~~(B) "Applicable vocational education weight" means the~~	63914
~~multiple specified in section 3317.014 of the Revised Code for~~	63915
~~vocational education programs or classes described in that section~~	63916
(1) "Category one career-technical education student" means a	63917
student who is receiving the career-technical education services	63918
described in division (A) of section 3317.014 of the Revised Code.	63919

(2) "Category two career-technical student" means a student	63920
who is receiving the career-technical education services described	63921
in division (B) of section 3317.014 of the Revised Code.	63922

(3) "Category three career-technical student" means a student	63923
who is receiving the career-technical education services described	63924
in division (C) of section 3317.014 of the Revised Code.	63925

(4) "Category four career-technical student" means a student	63926
who is receiving the career-technical education services described	63927
in division (D) of section 3317.014 of the Revised Code.	63928

(5) "Category five career-technical education student" means	63929
a student who is receiving the career-technical education services	63930
described in division (E) of section 3317.014 of the Revised Code.	63931

(B)(1) "Category one limited English proficient student"	63932
means a limited English proficient student described in division	63933
(A) of section 3317.016 of the Revised Code.	63934

(2) "Category two limited English proficient student" means a	63935
limited English proficient student described in division (B) of	63936
section 3317.016 of the Revised Code.	63937

(3) "Category three limited English proficient student" means	63938
a limited English proficient student described in division (C) of	63939
section 3317.016 of the Revised Code.	63940

(C)(1) "Category one special education student" means a	63941
student who is receiving special education services for a	63942
disability specified in division (A) of section 3317.013 of the	63943
Revised Code.	63944

(2) "Category two special education student" means a student	63945
who is receiving special education services for a disability	63946
specified in division (B) of section 3317.013 of the Revised Code.	63947

(3) "Category three special education student" means a	63948
student who is receiving special education services for a	63949
disability specified in division (C) of section 3317.013 of the	63950
Revised Code.	63951

(4) "Category four special education student" means a student	63952
who is receiving special education services for a disability	63953
specified in division (D) of section 3317.013 of the Revised Code.	63954

(5) "Category five special education student" means a student	63955
who is receiving special education services for a disability	63956
specified in division (E) of section 3317.013 of the Revised Code.	63957

(6) "Category six special education student" means a student	63958
who is receiving special education services for a disability	63959
specified in division (F) of section 3317.013 of the Revised Code.	63960

~~(C)~~(D) "Formula amount" has the same meaning as in section	63961
3317.02 of the Revised Code.	63962

~~(D)~~(E) "IEP" means an individualized education program as	63963
defined in section 3323.01 of the Revised Code.	63964

~~(E) A student is "included in the poverty student count of~~	63965
~~the student's resident district" if the student's family receives~~	63966
~~assistance under the Ohio works first program.~~	63967

(F) "Resident district" means the school district in which a	63968
student is entitled to attend school under section 3313.64 or	63969
3313.65 of the Revised Code.	63970

(G) "State education aid" has the same meaning as in section	63971
5751.20 of the Revised Code.	63972

Sec. 3326.32. Each science, technology, engineering, and	63973
mathematics school shall report to the department of education, in	63974
the form and manner required by the department, all of the	63975
following information:	63976

(A) The total number of students enrolled in the school;

63977

(B) The number of students who are receiving special	63978
education and related services pursuant to an IEP;	63979

(C) For each student reported under division (B) of this	63980
section, which category specified in divisions (A) to (F) of	63981
section 3317.013 of the Revised Code applies to the student;	63982

(D) The full-time equivalent number of students who are	63983
enrolled in ~~vocational~~career-technical education programs or	63984
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	63985
(E) of section 3317.014 of the Revised Code that are provided by	63986
the STEM school;	63987

(E) The number of students who are limited English proficient	63988
students and which category specified in divisions (A) to (C) of	63989
section 3317.016 of the Revised Code applies to each student;	63990

(F) The number of students reported under division (A) of	63991
this section who are economically disadvantaged, as defined by the	63992
department. A student shall not be categorically excluded from the	63993
number reported under division (F) of this section based on	63994
anything other than family income.	63995

(G) The resident district of each student;

63996

~~(F)~~(H) Any additional information the department determines	63997
necessary to make payments under this chapter.	63998

Sec. 3326.33. ~~Payments and deductions under this section for~~	63999
~~fiscal years 2012 and 2013 shall be made in accordance with~~	64000
~~section 3326.39 of the Revised Code.~~	64001

For each student enrolled in a science, technology,	64002
engineering, and mathematics school established under this	64003
chapter, on a full-time equivalency basis, the department of	64004
education annually shall deduct from the state education aid of a	64005
student's resident school district and, if necessary, from the	64006
payment made to the district under sections 321.24 and 323.156 of	64007
the Revised Code and pay to the school the sum of the following:	64008

(A) ~~The sum of the formula amount plus the per pupil amount~~	64009
~~of the base funding supplements specified in divisions (C)(1) to~~	64010
~~(4) of section 3317.012 of the Revised Code.~~	64011

~~(B) If the student is receiving special education and related~~	64012
~~services pursuant to an IEP, the product of the applicable special~~	64013
~~education weight times the formula amount;~~	64014

~~(C) If the student is enrolled in vocational education~~	64015
~~programs or classes that are described in section 3317.014 of the~~	64016
~~Revised Code, are provided by the school, and are comparable as~~	64017
~~determined by the superintendent of public instruction to school~~	64018
~~district vocational education programs and classes eligible for~~	64019
~~state weighted funding under section 3317.014 of the Revised Code,~~	64020
~~the product of the applicable vocational education weight times~~	64021
~~the formula amount times the percentage of time the student spends~~	64022
~~in the vocational education programs or classes;~~	64023

~~(D) If the student is included in the poverty student count~~	64024
~~of the student's resident district, the per pupil amount of the~~	64025
~~district's payment under division (C) of section 3317.029 of the~~	64026
~~Revised Code;~~	64027

~~(E) If the student is identified as limited English~~	64028
~~proficient and the student's resident district receives a payment~~	64029
~~for services to limited English proficient students under division~~	64030
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	64031
~~of the district's payment under that division, calculated in the~~	64032
~~same manner as per pupil payments are calculated under division~~	64033
~~(C)(6) of section 3314.08 of the Revised Code;~~	64034

~~(F) If the student's resident district receives a payment~~	64035
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	64036
~~Code, the per pupil amount of the district's payments under each~~	64037
~~division, calculated in the same manner as per pupil payments are~~	64038
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	64039
~~the Revised Code;~~	64040

~~(G) If the student's resident district receives a parity aid~~	64041
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	64042
~~amount calculated for the district under division (C) or (D) of~~	64043
~~that section~~An opportunity grant in an amount equal to the	64044
formula amount;	64045

(B) The per pupil amount of targeted assistance funds	64046
calculated under division (A) of section 3317.0217 of the Revised	64047
Code for the student's resident district, as determined by the	64048
department, X 0.25;	64049

(C) Additional state aid for special education and related	64050
services provided under Chapter 3323. of the Revised Code as	64051
follows:	64052

(1) If the student is a category one special education	64053
student, the amount specified in division (A) of section 3317.013	64054
of the Revised Code;	64055

(2) If the student is a category two special education	64056
student, the amount specified in division (B) of section 3317.013	64057
of the Revised Code;	64058

(3) If the student is a category three special education	64059
student, the amount specified in division (C) of section 3317.013	64060
of the Revised Code;	64061

(4) If the student is a category four special education	64062
student, the amount specified in division (D) of section 3317.013	64063
of the Revised Code;	64064

(5) If the student is a category five special education	64065
student, the amount specified in division (E) of section 3317.013	64066
of the Revised Code;	64067

(6) If the student is a category six special education	64068
student, the amount specified in division (F) of section 3317.013	64069
of the Revised Code.	64070

(D) If the student is in kindergarten through third grade,	64071
$225, in fiscal year 2014, or $335, in fiscal year 2015;	64072

(E) If the student is economically disadvantaged, an amount	64073
equal to the following:	64074

($250, in fiscal year 2014, or $253, in fiscal year 2015) X (the	64075
resident district's economically disadvantaged index)	64076

(F) Limited English proficiency funds, as follows:

64077

(1) If the student is a category one limited English	64078
proficient student, the amount specified in division (A) of	64079
section 3317.016 of the Revised Code;	64080

(2) If the student is a category two limited English	64081
proficient student, the amount specified in division (B) of	64082
section 3317.016 of the Revised Code;	64083

(3) If the student is a category three limited English	64084
proficient student, the amount specified in division (C) of	64085
section 3317.016 of the Revised Code.	64086

(G) Career-technical education funds as follows:

64087

(1) If the student is a category one career-technical	64088
education student, the amount specified in division (A) of section	64089
3317.014 of the Revised Code;	64090

(2) If the student is a category two career-technical	64091
education student, the amount specified in division (B) of section	64092
3317.014 of the Revised Code;	64093

(3) If the student is a category three career-technical	64094
education student, the amount specified in division (C) of section	64095
3317.014 of the Revised Code;	64096

(4) If the student is a category four career-technical	64097
education student, the amount specified in division (D) of section	64098
3317.014 of the Revised Code;	64099

(5) If the student is a category five career-technical	64100
education student, the amount specified in division (E) of section	64101
3317.014 of the Revised Code.	64102

Deduction and payment of funds under division (G) of this	64103
section is subject to approval under section 3317.161 of the	64104
Revised Code.	64105

Sec. 3326.34. If a science, technology, engineering, and	64106
mathematics school established under this chapter incurs costs for	64107
a fiscal year for a student receiving special education and	64108
related services pursuant to an IEP for a disability described in	64109
divisions (B) to (F) of section 3317.013 of the Revised Code that	64110
exceed the threshold catastrophic cost for serving the student as	64111
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	64112
of the Revised Code, the STEM school may submit to the	64113
superintendent of public instruction documentation, as prescribed	64114
by the superintendent, of all its costs for that student. Upon	64115
submission of documentation for a student of the type and in the	64116
manner prescribed, the department of education shall pay to the	64117
school an amount equal to the school's costs for the student in	64118
excess of the threshold catastrophic costs.	64119

The school shall only report under this section, and the	64120
department shall only pay for, the costs of educational expenses	64121
and the related services provided to the student in accordance	64122
with the student's IEP. Any legal fees, court costs, or other	64123
costs associated with any cause of action relating to the student	64124
may not be included in the amount.	64125

Sec. 3326.38. A science, technology, engineering, and	64126
mathematics school may do ~~all~~both of the following:	64127

(A) ~~Apply to the department of education for gifted unit~~	64128
~~funding;~~	64129

~~(B)~~ Apply to any state or federal agency for grants that a	64130
school district or public school may receive under federal or	64131
state law or any appropriations act of the general assembly;	64132

~~(C)~~(B) Apply to any private entity or foundation for	64133
additional funds.	64134

Sec. 3326.39. (A) In any fiscal year, a STEM school	64135
receiving funds under division (G) of section 3326.33 of the	64136
Revised Code shall spend those funds only for the purposes that	64137
the department designates as approved for career-technical	64138
education expenses. Career-technical educational expenses approved	64139
by the department shall include only expenses connected to the	64140
delivery of career-technical programming to career-technical	64141
students. The department shall require the school to report data	64142
annually so that the department may monitor the school's	64143
compliance with the requirements regarding the manner in which	64144
funding received under division (G) of section 3326.33 of the	64145
Revised Code may be spent.	64146

(B) All funds received under division (G) of section 3326.33	64147
of the Revised Code shall be spent in the following manner:	64148

(1) At least seventy-five per cent of the funds shall be	64149
spent on curriculum development, purchase, and implementation;	64150
instructional resources and supplies; industry-based program	64151
certification; student assessment, credentialing, and placement;	64152
curriculum specific equipment purchases and leases;	64153
career-technical student organization fees and expenses; home and	64154
agency linkages; work-based learning experiences; professional	64155
development; and other costs directly associated with	64156
career-technical education programs including development of new	64157
programs.	64158

(2) Not more than twenty-five per cent of the funds shall be	64159
used for personnel expenditures.	64160

Sec. 3326.40. A STEM school shall spend the funds it	64161
receives under division (E) of section 3326.33 of the Revised Code	64162
in accordance with section 3317.25 of the Revised Code.	64163

Sec. 3326.45. (A) The governing body of a science,	64164
technology, engineering, and mathematics school may contract with	64165
the governing board of an educational service center or the board	64166
of education of a joint vocational school district for the	64167
provision of services to the STEM school or to any student	64168
enrolled in the school. Services provided under the contract and	64169
the amount to be paid for those services shall be mutually agreed	64170
to by the parties to the contract, and shall be specified in the	64171
contract.	64172

(B) A contract entered into under this section may require an	64173
educational service center to provide any one or a combination of	64174
the following services to a STEM school:	64175

(1) Supervisory teachers;

64176

(2) In-service and continuing education programs for	64177
personnel of the STEM school;	64178

(3) Curriculum services as provided to the client school	64179
districts of the service center;	64180

(4) Research and development programs;

64181

(5) Academic instruction for which the service center	64182
governing board employs teachers;	64183

(6) Assistance in the provision of special accommodations and	64184
classes for students with disabilities.	64185

Services described in division (B) of this section shall be	64186
provided to the STEM school in the same manner they are provided	64187
to client school districts of the service center, unless otherwise	64188
specified in the contract. The contract shall specify whether the	64189
service center will receive a per-pupil payment from the	64190
department of education for the provision of these services and,	64191
if so, the amount of the per-pupil payment~~, which shall not exceed~~	64192
~~the per-pupil amount paid to the service center under division (F)~~	64193
~~of section 3317.11 of the Revised Code for each student in the~~	64194
~~service center ADM~~.	64195

(C) For each contract entered into under this section, the	64196
department shall deduct the amount owed by the STEM school from	64197
the state funds due to the STEM school under this chapter and	64198
shall pay that amount to the educational service center or joint	64199
vocational school district that is party to the contract. ~~In the~~	64200
~~case of a contract with an educational service center that~~	64201
~~specifies per-pupil payments for the provision of services~~	64202
~~described in division (B) of this section, the department also~~	64203
~~shall pay the service center the amount calculated under division~~	64204
~~(H) of section 3317.11 of the Revised Code.~~	64205

(D) No contract entered into under this section shall be	64206
valid unless a copy is filed with the department by the first day	64207
of the school year for which the contract is in effect.	64208

(E) As used in this section, "client school district" ~~has the~~	64209
~~same meaning as in section 3317.11 of the Revised Code~~means a	64210
city, exempted village, or local school district that has entered	64211
into an agreement under section 3313.843 or 3313.845 of the	64212
Revised Code to receive any services from an educational service	64213
center.	64214

Sec. 3327.01. Notwithstanding division (D) of section	64215
3311.19 and division (D) of section 3311.52 of the Revised Code,	64216
this section and sections 3327.011, 3327.012, and 3327.02 of the	64217
Revised Code do not apply to any joint vocational or cooperative	64218
education school district.	64219

In all city, local, and exempted village school districts	64220
where resident school pupils in grades kindergarten through eight	64221
live more than two miles from the school for which the state board	64222
of education prescribes minimum standards pursuant to division (D)	64223
of section 3301.07 of the Revised Code and to which they are	64224
assigned by the board of education of the district of residence or	64225
to and from the nonpublic or community school which they attend,	64226
the board of education shall provide transportation for such	64227
pupils to and from ~~such~~that school except as provided in section	64228
3327.02 of the Revised Code.	64229

In all city, local, and exempted village school districts	64230
where pupil transportation is required under a career-technical	64231
plan approved by the state board of education under section	64232
3313.90 of the Revised Code, for any student attending a	64233
career-technical program operated by another school district,	64234
including a joint vocational school district, as prescribed under	64235
that section, the board of education of the student's district of	64236
residence shall provide transportation from the public high school	64237
operated by that district to which the student is assigned to the	64238
career-technical program.	64239

In all city, local, and exempted village school districts,	64240
the board may provide transportation for resident school pupils in	64241
grades nine through twelve to and from the high school to which	64242
they are assigned by the board of education of the district of	64243
residence or to and from the nonpublic or community high school	64244
which they attend for which the state board of education	64245
prescribes minimum standards pursuant to division (D) of section	64246
3301.07 of the Revised Code.	64247

A board of education shall not be required to transport	64248
elementary or high school pupils to and from a nonpublic or	64249
community school where such transportation would require more than	64250
thirty minutes of direct travel time as measured by school bus	64251
from the public school building to which the pupils would be	64252
assigned if attending the public school designated by the district	64253
of residence.	64254

Where it is impractical to transport a pupil by school	64255
conveyance, a board of education may offer payment, in lieu of	64256
providing such transportation in accordance with section 3327.02	64257
of the Revised Code.	64258

A board of education shall not be required to transport	64259
elementary or high school pupils to and from a nonpublic or	64260
community school on Saturday or Sunday, unless a board of	64261
education and a nonpublic or community school have an agreement in	64262
place to do so before July 1, 2014.	64263

In all city, local, and exempted village school districts,	64264
the board shall provide transportation for all children who are so	64265
disabled that they are unable to walk to and from the school for	64266
which the state board of education prescribes minimum standards	64267
pursuant to division (D) of section 3301.07 of the Revised Code	64268
and which they attend. In case of dispute whether the child is	64269
able to walk to and from the school, the health commissioner shall	64270
be the judge of such ability. In all city, exempted village, and	64271
local school districts, the board shall provide transportation to	64272
and from school or special education classes for ~~educable~~ mentally	64273
~~retarded~~disabled children in accordance with standards adopted by	64274
the state board of education.	64275

When transportation of pupils is provided the conveyance	64276
shall be run on a time schedule that shall be adopted and put in	64277
force by the board not later than ten days after the beginning of	64278
the school term.	64279

The cost of any transportation service authorized by this	64280
section shall be paid first out of federal funds, if any,	64281
available for the purpose of pupil transportation, and secondly	64282
out of state appropriations, in accordance with regulations	64283
adopted by the state board of education.	64284

No transportation of any pupils shall be provided by any	64285
board of education to or from any school which in the selection of	64286
pupils, faculty members, or employees, practices discrimination	64287
against any person on the grounds of race, color, religion, or	64288
national origin.	64289

Sec. 3327.02. (A) After considering each of the following	64290
factors, the board of education of a city, exempted village, or	64291
local school district may determine that it is impractical to	64292
transport a pupil who is eligible for transportation to and from a	64293
school under section 3327.01 of the Revised Code:	64294

(1) The time and distance required to provide the	64295
transportation;	64296

(2) The number of pupils to be transported;

64297

(3) The cost of providing transportation in terms of	64298
equipment, maintenance, personnel, and administration;	64299

(4) Whether similar or equivalent service is provided to	64300
other pupils eligible for transportation;	64301

(5) Whether and to what extent the additional service	64302
unavoidably disrupts current transportation schedules;	64303

(6) Whether other reimbursable types of transportation are	64304
available.	64305

(B)(1) Based on its consideration of the factors established	64306
in division (A) of this section, the board may pass a resolution	64307
declaring the impracticality of transportation. The resolution	64308
shall include each pupil's name and the reason for impracticality.	64309

(2) The board shall report its determination to the state	64310
board of education in a manner determined by the state board.	64311

(3) The board of education of a local school district	64312
additionally shall submit the resolution for concurrence to the	64313
educational service center that contains the local district's	64314
territory. If the educational service center governing board	64315
considers transportation by school conveyance practicable, it	64316
shall so inform the local board and transportation shall be	64317
provided by such local board. If the educational service center	64318
board agrees with the view of the local board, the local board may	64319
offer payment in lieu of transportation as provided in this	64320
section.	64321

(C) After passing the resolution declaring the impracticality	64322
of transportation, the district board shall offer to provide	64323
payment in lieu of transportation by doing the following:	64324

(1) In accordance with guidelines established by the	64325
department of education, informing the pupil's parent, guardian,	64326
or other person in charge of the pupil of both of the following:	64327

(a) The board's resolution;

64328

(b) The right of the pupil's parent, guardian, or other	64329
person in charge of the pupil to accept the offer of payment in	64330
lieu of transportation or to reject the offer and instead request	64331
the department to initiate mediation procedures.	64332

(2) Issuing the pupil's parent, guardian, or other person in	64333
charge of the pupil a contract or other form on which the parent,	64334
guardian, or other person in charge of the pupil is given the	64335
option to accept or reject the board's offer of payment in lieu of	64336
transportation.	64337

(D) If the parent, guardian, or other person in charge of the	64338
pupil accepts the offer of payment in lieu of providing	64339
transportation, the board shall pay the parent, guardian, or other	64340
person in charge of the pupil an amount that shall be not less	64341
than ~~the amount determined by the department of education as the~~	64342
~~minimum for payment in lieu of transportation,~~two hundred	64343
twenty-five dollars and not more than the amount determined by the	64344
department as the average cost of pupil transportation for the	64345
previous school year. Payment may be prorated if the time period	64346
involved is only a part of the school year.	64347

(E)(1)(a) Upon the request of a parent, guardian, or other	64348
person in charge of the pupil who rejected the payment in lieu of	64349
transportation, the department shall conduct mediation procedures.	64350

(b) If the mediation does not resolve the dispute, the state	64351
board of education shall conduct a hearing in accordance with	64352
Chapter 119. of the Revised Code. The state board may approve the	64353
payment in lieu of transportation or may order the board of	64354
education to provide transportation. The decision of the state	64355
board is binding in subsequent years and on future parties in	64356
interest provided the facts of the determination remain	64357
comparable.	64358

(2) The school district shall provide transportation for the	64359
pupil from the time the parent, guardian, or other person in	64360
charge of the pupil requests mediation until the matter is	64361
resolved under division (E)(1)(a) or (b) of this section.	64362

(F)(1) If the department determines that a school district	64363
board has failed or is failing to provide transportation as	64364
required by division (E)(2) of this section or as ordered by the	64365
state board under division (E)(1)(b) of this section, the	64366
department shall order the school district board to pay to the	64367
pupil's parent, guardian, or other person in charge of the pupil,	64368
an amount equal to the state average daily cost of transportation	64369
as determined by the state board of education for the previous	64370
year. The school district board shall make payments on a schedule	64371
ordered by the department.	64372

(2) If the department subsequently finds that a school	64373
district board is not in compliance with an order issued under	64374
division (F)(1) of this section and the affected pupils are	64375
enrolled in a nonpublic or community school, the department shall	64376
deduct the amount that the board is required to pay under that	64377
order from any pupil transportation payments the department makes	64378
to the school district board under section 3317.0212 of the	64379
Revised Code or other provisions of law. The department shall use	64380
the moneys so deducted to make payments to the nonpublic or	64381
community school attended by the pupil. The department shall	64382
continue to make the deductions and payments required under this	64383
division until the school district board either complies with the	64384
department's order issued under division (F)(1) of this section or	64385
begins providing transportation.	64386

(G) A nonpublic or community school that receives payments	64387
from the department under division (F)(2) of this section shall do	64388
either of the following:	64389

(1) Disburse the entire amount of the payments to the parent,	64390
guardian, or other person in charge of the pupil affected by the	64391
failure of the school district of residence to provide	64392
transportation;	64393

(2) Use the entire amount of the payments to provide	64394
acceptable transportation for the affected pupil.	64395

Sec. 3327.07. (A) The governing authority of a chartered	64396
nonpublic school that transports a student enrolled in the school	64397
to and from school may charge the parent or guardian of the	64398
student a fee for the transportation, if the governing authority	64399
purchased the vehicle that transports the student using no state	64400
or federal funds. The fee shall not exceed the per student cost of	64401
the transportation, as determined by the governing authority.	64402

(B) The parent or guardian of a student who is enrolled in a	64403
chartered nonpublic school and is eligible for transportation by a	64404
school district under section 3327.01 of the Revised Code may	64405
decline that transportation and accept transportation from the	64406
chartered nonpublic school. The governing authority of a chartered	64407
nonpublic school may charge a fee under division (A) of this	64408
section regardless of whether a student is eligible for	64409
transportation under section 3327.01 of the Revised Code.	64410

(C) The offering by the governing authority of a chartered	64411
nonpublic school of transportation to and from the school does not	64412
relieve any school district board of education from any duty	64413
imposed by sections 3327.01 and 3327.02 of the Revised Code with	64414
respect to the chartered nonpublic school's students.	64415

Sec. 3327.10. (A) No person shall be employed as driver of a	64416
school bus or motor van, owned and operated by any school district	64417
or educational service center or privately owned and operated	64418
under contract with any school district or service center in this	64419
state, who has not received a certificate from either the	64420
educational service center governing board ~~in case such person is~~	64421
~~employed by a service center or by a local school district under~~	64422
~~the supervision of the service center governing board,~~that has	64423
entered into an agreement with the school district under section	64424
3313.843 or 3313.845 of the Revised Code or by the superintendent	64425
of ~~schools, in case such person is employed by the board of a city~~	64426
~~or exempted village~~the school district, certifying that such	64427
person is at least eighteen years of age and is of good moral	64428
character and is qualified physically and otherwise for such	64429
position. The service center governing board or the	64430
superintendent, as the case may be, shall provide for an annual	64431
physical examination that conforms with rules adopted by the state	64432
board of education of each driver to ascertain the driver's	64433
physical fitness for such employment. Any certificate may be	64434
revoked by the authority granting the same on proof that the	64435
holder has been guilty of failing to comply with division (D)(1)	64436
of this section, or upon a conviction or a guilty plea for a	64437
violation, or any other action, that results in a loss or	64438
suspension of driving rights. Failure to comply with such division	64439
may be cause for disciplinary action or termination of employment	64440
under division (C) of section 3319.081, or section 124.34 of the	64441
Revised Code.	64442

(B) No person shall be employed as driver of a school bus or	64443
motor van not subject to the rules of the department of education	64444
pursuant to division (A) of this section who has not received a	64445
certificate from the school administrator or contractor certifying	64446
that such person is at least eighteen years of age, is of good	64447
moral character, and is qualified physically and otherwise for	64448
such position. Each driver shall have an annual physical	64449
examination which conforms to the state highway patrol rules,	64450
ascertaining the driver's physical fitness for such employment.	64451
The examination shall be performed by one of the following:	64452

(1) A person licensed under Chapter 4731. of the Revised Code	64453
or by another state to practice medicine and surgery or	64454
osteopathic medicine and surgery;	64455

(2) A physician assistant;

64456

(3) A certified nurse practitioner;

64457

(4) A clinical nurse specialist;

64458

(5) A certified nurse-midwife.

64459

Any written documentation of the physical examination shall	64460
be completed by the individual who performed the examination.	64461

Any certificate may be revoked by the authority granting the	64462
same on proof that the holder has been guilty of failing to comply	64463
with division (D)(2) of this section.	64464

(C) Any person who drives a school bus or motor van must give	64465
satisfactory and sufficient bond except a driver who is an	64466
employee of a school district and who drives a bus or motor van	64467
owned by the school district.	64468

(D) No person employed as driver of a school bus or motor van	64469
under this section who is convicted of a traffic violation or who	64470
has had the person's commercial driver's license suspended shall	64471
drive a school bus or motor van until the person has filed a	64472
written notice of the conviction or suspension, as follows:	64473

(1) If the person is employed under division (A) of this	64474
section, the person shall file the notice with the superintendent,	64475
or a person designated by the superintendent, of the school	64476
district for which the person drives a school bus or motor van as	64477
an employee or drives a privately owned and operated school bus or	64478
motor van under contract.	64479

(2) If employed under division (B) of this section, the	64480
person shall file the notice with the employing school	64481
administrator or contractor, or a person designated by the	64482
administrator or contractor.	64483

(E) In addition to resulting in possible revocation of a	64484
certificate as authorized by divisions (A) and (B) of this	64485
section, violation of division (D) of this section is a minor	64486
misdemeanor.	64487

(F)(1) Not later than thirty days after June 30, 2007, each	64488
owner of a school bus or motor van shall obtain the complete	64489
driving record for each person who is currently employed or	64490
otherwise authorized to drive the school bus or motor van. An	64491
owner of a school bus or motor van shall not permit a person to	64492
operate the school bus or motor van for the first time before the	64493
owner has obtained the person's complete driving record.	64494
Thereafter, the owner of a school bus or motor van shall obtain	64495
the person's driving record not less frequently than semiannually	64496
if the person remains employed or otherwise authorized to drive	64497
the school bus or motor van. An owner of a school bus or motor van	64498
shall not permit a person to resume operating a school bus or	64499
motor van, after an interruption of one year or longer, before the	64500
owner has obtained the person's complete driving record.	64501

(2) The owner of a school bus or motor van shall not permit a	64502
person to operate the school bus or motor van for six years after	64503
the date on which the person pleads guilty to or is convicted of a	64504
violation of section 4511.19 of the Revised Code or a	64505
substantially equivalent municipal ordinance.	64506

(3) An owner of a school bus or motor van shall not permit	64507
any person to operate such a vehicle unless the person meets all	64508
other requirements contained in rules adopted by the state board	64509
of education prescribing qualifications of drivers of school buses	64510
and other student transportation.	64511

(G) No superintendent of a school district, educational	64512
service center, community school, or public or private employer	64513
shall permit the operation of a vehicle used for pupil	64514
transportation within this state by an individual unless both of	64515
the following apply:	64516

(1) Information pertaining to that driver has been submitted	64517
to the department of education, pursuant to procedures adopted by	64518
that department. Information to be reported shall include the name	64519
of the employer or school district, name of the driver, driver	64520
license number, date of birth, date of hire, status of physical	64521
evaluation, and status of training.	64522

(2) The most recent criminal records check required by	64523
division (J) of this section has been completed and received by	64524
the superintendent or public or private employer.	64525

(H) A person, school district, educational service center,	64526
community school, nonpublic school, or other public or nonpublic	64527
entity that owns a school bus or motor van, or that contracts with	64528
another entity to operate a school bus or motor van, may impose	64529
more stringent restrictions on drivers than those prescribed in	64530
this section, in any other section of the Revised Code, and in	64531
rules adopted by the state board.	64532

(I) For qualified drivers who, on July 1, 2007, are employed	64533
by the owner of a school bus or motor van to drive the school bus	64534
or motor van, any instance in which the driver was convicted of or	64535
pleaded guilty to a violation of section 4511.19 of the Revised	64536
Code or a substantially equivalent municipal ordinance prior to	64537
two years prior to July 1, 2007, shall not be considered a	64538
disqualifying event with respect to division (F) of this section.	64539

(J)(1) This division applies to persons hired by a school	64540
district, educational service center, community school, chartered	64541
nonpublic school, or science, technology, engineering, and	64542
mathematics school established under Chapter 3326. of the Revised	64543
Code to operate a vehicle used for pupil transportation.	64544

For each person to whom this division applies who is hired on	64545
or after November 14, 2007, the employer shall request a criminal	64546
records check in accordance with section 3319.39 of the Revised	64547
Code and every six years thereafter. For each person to whom this	64548
division applies who is hired prior to that date, the employer	64549
shall request a criminal records check by a date prescribed by the	64550
department of education and every six years thereafter.	64551

(2) This division applies to persons hired by a public or	64552
private employer not described in division (J)(1) of this section	64553
to operate a vehicle used for pupil transportation.	64554

For each person to whom this division applies who is hired on	64555
or after November 14, 2007, the employer shall request a criminal	64556
records check prior to the person's hiring and every six years	64557
thereafter. For each person to whom this division applies who is	64558
hired prior to that date, the employer shall request a criminal	64559
records check by a date prescribed by the department and every six	64560
years thereafter.	64561

(3) Each request for a criminal records check under division	64562
(J) of this section shall be made to the superintendent of the	64563
bureau of criminal identification and investigation in the manner	64564
prescribed in section 3319.39 of the Revised Code, except that if	64565
both of the following conditions apply to the person subject to	64566
the records check, the employer shall request the superintendent	64567
only to obtain any criminal records that the federal bureau of	64568
investigation has on the person:	64569

(a) The employer previously requested the superintendent to	64570
determine whether the bureau of criminal identification and	64571
investigation has any information, gathered pursuant to division	64572
(A) of section 109.57 of the Revised Code, on the person in	64573
conjunction with a criminal records check requested under section	64574
3319.39 of the Revised Code or under division (J) of this section.	64575

(b) The person presents proof that the person has been a	64576
resident of this state for the five-year period immediately prior	64577
to the date upon which the person becomes subject to a criminal	64578
records check under this section.	64579

Upon receipt of a request, the superintendent shall conduct	64580
the criminal records check in accordance with section 109.572 of	64581
the Revised Code as if the request had been made under section	64582
3319.39 of the Revised Code. However, as specified in division	64583
(B)(2) of section 109.572 of the Revised Code, if the employer	64584
requests the superintendent only to obtain any criminal records	64585
that the federal bureau of investigation has on the person for	64586
whom the request is made, the superintendent shall not conduct the	64587
review prescribed by division (B)(1) of that section.	64588

(K)(1) Until the effective date of the amendments to rule	64589
3301-83-23 of the Ohio Administrative Code required by the second	64590
paragraph of division (E) of section 3319.39 of the Revised Code,	64591
any person who is the subject of a criminal records check under	64592
division (J) of this section and has been convicted of or pleaded	64593
guilty to any offense described in division (B)(1) of section	64594
3319.39 of the Revised Code shall not be hired or shall be	64595
released from employment, as applicable, unless the person meets	64596
the rehabilitation standards prescribed for nonlicensed school	64597
personnel by rule 3301-20-03 of the Ohio Administrative Code.	64598

(2) Beginning on the effective date of the amendments to rule	64599
3301-83-23 of the Ohio Administrative Code required by the second	64600
paragraph of division (E) of section 3319.39 of the Revised Code,	64601
any person who is the subject of a criminal records check under	64602
division (J) of this section and has been convicted of or pleaded	64603
guilty to any offense that, under the rule, disqualifies a person	64604
for employment to operate a vehicle used for pupil transportation	64605
shall not be hired or shall be released from employment, as	64606
applicable, unless the person meets the rehabilitation standards	64607
prescribed by the rule.	64608

Sec. 3328.27. The board of trustees of each	64609
college-preparatory boarding school shall comply with the	64610
standards for financial reporting adopted under division (B)(2) of	64611
section 3301.07 of the Revised Code.	64612

Sec. 3333.041. (A) On or before the last day of December of	64613
each year, the chancellor of the Ohio board of regents shall	64614
submit to the governor and, in accordance with section 101.68 of	64615
the Revised Code, the general assembly a report or reports	64616
concerning all of the following:	64617

(1) The status of graduates of Ohio school districts at state	64618
institutions of higher education during the twelve-month period	64619
ending on the thirtieth day of September of the current calendar	64620
year. The report shall list, by school district, the number of	64621
graduates of each school district who attended a state institution	64622
of higher education and the percentage of each district's	64623
graduates enrolled in a state institution of higher education	64624
during the reporting period who were required during such period	64625
by the college or university, as a prerequisite to enrolling in	64626
those courses generally required for first-year students, to	64627
enroll in a remedial course in English, including composition or	64628
reading, mathematics, and any other area designated by the	64629
chancellor. The chancellor also shall make the information	64630
described in division (A)(1) of this section available to the	64631
board of education of each city, exempted village, and local	64632
school district.	64633

Each state institution of higher education shall, by the	64634
first day of November of each year, submit to the chancellor in	64635
the form specified by the chancellor the information the	64636
chancellor requires to compile the report.	64637

(2) Aggregate academic growth data for students assigned to	64638
graduates of teacher preparation programs approved under section	64639
3333.048 of the Revised Code who teach English language arts or	64640
mathematics in any of grades four to eight in a public school in	64641
Ohio. For this purpose, the chancellor shall use the value-added	64642
progress dimension prescribed by section 3302.021 of the Revised	64643
Code or the alternative student academic progress measure if	64644
adopted under division (C)(1)(e) of section 3302.03 of the Revised	64645
Code. The chancellor shall aggregate the data by graduating class	64646
for each approved teacher preparation program, except that if a	64647
particular class has ten or fewer graduates to which this section	64648
applies, the chancellor shall report the data for a group of	64649
classes over a three-year period. In no case shall the report	64650
identify any individual graduate. The department of education	64651
shall share any data necessary for the report with the chancellor.	64652

(3) The following information with respect to the Ohio	64653
tuition trust authority:	64654

(a) The name of each investment manager that is a minority	64655
business enterprise or a women's business enterprise with which	64656
the chancellor contracts;	64657

(b) The amount of assets managed by investment managers that	64658
are minority business enterprises or women's business enterprises,	64659
expressed as a percentage of assets managed by investment managers	64660
with which the chancellor has contracted;	64661

(c) Efforts by the chancellor to increase utilization of	64662
investment managers that are minority business enterprises or	64663
women's business enterprises.	64664

(4) ~~The status of implementation of faculty improvement~~	64665
~~programs under section 3345.28 of the Revised Code. The report~~	64666
~~shall include, but need not be limited to, the following: the~~	64667
~~number of professional leave grants made by each institution; the~~	64668
~~purpose of each professional leave; and a statement of the cost to~~	64669
~~the institution of each professional leave, to the extent that the~~	64670
~~cost exceeds the salary of the faculty member on professional~~	64671
~~leave.~~	64672

~~(5) The number and types of biobased products purchased under~~	64673
~~section 125.092 of the Revised Code and the amount of money spent~~	64674
~~by state institutions of higher education for those biobased~~	64675
~~products as that information is provided to the chancellor under~~	64676
~~division (A) of section 3345.692 of the Revised Code.~~	64677

~~(6)~~ A description of dual enrollment programs, as defined in	64678
section 3313.6013 of the Revised Code, that are offered by school	64679
districts, community schools established under Chapter 3314. of	64680
the Revised Code, STEM schools established under Chapter 3326. of	64681
the Revised Code, college-preparatory boarding schools established	64682
under Chapter 3328. of the Revised Code, and chartered nonpublic	64683
high schools. The chancellor also shall post the information on	64684
the chancellor's web site.	64685

~~(7) The academic and economic impact of the Ohio innovation~~	64686
~~partnership established under section 3333.61 of the Revised Code.~~	64687
~~At a minimum, the report shall include the following:~~	64688

~~(a) Progress and performance metrics for each initiative that~~	64689
~~received an award in the previous fiscal year;~~	64690

~~(b) Economic indicators of the impact of each initiative, and~~	64691
~~all initiatives as a whole, on the regional economies and the~~	64692
~~statewide economy;~~	64693

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	64694
first scholarships, as established under section 3333.61 of the	64695
Revised Code, among state universities and colleges and how the	64696
actual awards fit that strategy.	64697

~~(8)~~(6) The academic and economic impact of the Ohio	64698
co-op/internship program established under section 3333.72 of the	64699
Revised Code. At a minimum, the report shall include the	64700
following:	64701

(a) Progress and performance metrics for each initiative that	64702
received an award in the previous fiscal year;	64703

(b) Economic indicators of the impact of each initiative, and	64704
all initiatives as a whole, on the regional economies and the	64705
statewide economy;	64706

(c) The chancellor's strategy in allocating awards among	64707
state institutions of higher education and how the actual awards	64708
fit that strategy.	64709

(B) As used in this section:

64710

(1) "Minority business enterprise" has the same meaning as in	64711
section 122.71 of the Revised Code.	64712

(2) "State institution of higher education" and "state	64713
university" have the same meanings as in section 3345.011 of the	64714
Revised Code.	64715

(3) "State university or college" has the same meaning as in	64716
section 3345.12 of the Revised Code.	64717

(4) "Women's business enterprise" means a business, or a	64718
partnership, corporation, limited liability company, or joint	64719
venture of any kind, that is owned and controlled by women who are	64720
United States citizens and residents of this state.	64721

Sec. 3333.049. No nonprofit institution that holds a	64722
certificate of authorization issued under Chapter 1713. of the	64723
Revised Code shall be liable for a breach of confidentiality	64724
arising from the institution's submission of student data or	64725
records to the board of regents or any other state agency in	64726
compliance with any law, rule, or regulation, provided that the	64727
breach occurs as a result of one of the following:	64728

(A) An action by a third party during and after the	64729
transmission of the data or records by the institution but prior	64730
to receipt of the data or records by the board of regents or other	64731
state agency;	64732

(B) An action by the board of regents or the state agency.

64733

This provision shall apply to the submission of any student	64734
data or records that are subject to any laws of this state or, to	64735
the extent permitted, any federal law, including the "Family	64736
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	64737
U.S.C. 1232g.	64738

Sec. 3333.124. There is hereby created in the state treasury	64739
the Ohio college opportunity grant program reserve fund. Not later	64740
than the first day of July of each fiscal year, the chancellor of	64741
the Ohio board of regents shall certify to the director of budget	64742
and management the unencumbered balance of the general revenue	64743
fund appropriations made in the immediately preceding fiscal year	64744
for purposes of the Ohio college opportunity grant program created	64745
in section 3333.122 of the Revised Code. Upon receipt of the	64746
certification, the director may transfer an amount not exceeding	64747
the certified amount from the general revenue fund to the Ohio	64748
college opportunity grant program reserve fund. Moneys in the Ohio	64749
college opportunity grant program reserve fund shall be used to	64750
pay grant obligations in excess of the general revenue fund	64751
appropriations made for that purpose.	64752

The director may transfer any unencumbered balance from the	64753
Ohio college opportunity grant program reserve fund to the general	64754
revenue fund.	64755

Sec. 3333.342. (A) The chancellor of the Ohio board of	64756
regents may designate a "certificate of value" for a certificate	64757
program at any adult career-technical education institution or	64758
state institution of higher education, as defined under section	64759
3345.011 of the Revised Code, based on the standards adopted under	64760
division (B) of this section.	64761

(B) The chancellor shall develop standards for designation of	64762
the certificates of value for certificate programs at adult	64763
career-technical education institutions and state institutions of	64764
higher education. The standards shall include at least the	64765
following considerations:	64766

(1) The quality of the certificate program;

64767

(2) The ability to transfer agreed-upon technical courses	64768
completed through an adult career-technical education institution	64769
to a state institution of higher education without unnecessary	64770
duplication or institutional barriers;	64771

(3) The extent to which the certificate program encourages a	64772
student to obtain an associate's or bachelor's degree;	64773

(4) The extent to which the certificate program increases a	64774
student's likelihood to complete other certificate programs or an	64775
associate's or bachelor's degree;	64776

(5) The ability of the certificate program to meet the	64777
expectations of the workplace and higher education;	64778

(6) The extent to which the certificate program is aligned	64779
with the strengths of the regional economy;	64780

(7) The extent to which the certificate program increases the	64781
amount of individuals who remain in or enter the state's	64782
workforce;	64783

(8) The extent of a certificate program's relationship with	64784
private companies in the state to fill potential job growth.	64785

(C) The designation of a certificate of value under this	64786
section shall expire six years after its designation date.	64787

(D) The chancellor may revoke a designation prior to its	64788
expiration date if the chancellor determines that the program no	64789
longer complies with the standards developed under division (B) of	64790
this section.	64791

(E) Any revocation of a certificate of value under this	64792
section shall become effective one hundred eighty days after the	64793
date the revocation was declared by the chancellor.	64794

(F) Any adult career-technical education institution or state	64795
institution of higher education that desires to be eligible to	64796
receive a designation of certificate of value for one or more of	64797
its certificate programs shall comply with all records and data	64798
requests required by the chancellor.	64799

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

64800

(1) "Allocated state share of instruction" means, for any	64801
fiscal year, the amount of the state share of instruction	64802
appropriated to the Ohio board of regents by the general assembly	64803
that is allocated to a community or technical college or community	64804
or technical college district for such fiscal year.	64805

(2) "Issuing authority" has the same meaning as in section	64806
154.01 of the Revised Code.	64807

(3) "Bond service charges" has the same meaning as in section	64808
154.01 of the Revised Code.	64809

(4) "Chancellor" means the chancellor of the Ohio board of	64810
regents.	64811

(5) "Community or technical college" or "college" means any	64812
of the following state-supported or state-assisted institutions of	64813
higher education:	64814

(a) A community college as defined in section 3354.01 of the	64815
Revised Code;	64816

(b) A technical college as defined in section 3357.01 of the	64817
Revised Code;	64818

(c) A state community college as defined in section 3358.01	64819
of the Revised Code.	64820

(6) "Community or technical college district" or "district"	64821
means any of the following institutions of higher education that	64822
are state-supported or state-assisted:	64823

(a) A community college district as defined in section	64824
3354.01 of the Revised Code;	64825

(b) A technical college district as defined in section	64826
3357.01 of the Revised Code;	64827

(c) A state community college district as defined in section	64828
3358.01 of the Revised Code.	64829

(7) "Credit enhancement facilities" has the same meaning as	64830
in section 133.01 of the Revised Code.	64831

(8) "Obligations" has the meaning as in section 154.01 or	64832
3345.12 of the Revised Code, as the context requires.	64833

(B) The board of trustees of any community or technical	64834
college district authorizing the issuance of obligations under	64835
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	64836
Revised Code, or for whose benefit and on whose behalf the issuing	64837
authority proposes to issue obligations under section 154.25 of	64838
the Revised Code, may adopt a resolution requesting the chancellor	64839
to enter into an agreement with the community or technical college	64840
district and the primary paying agent or fiscal agent for such	64841
obligations, providing for the withholding and deposit of funds	64842
otherwise due the district or the community or technical college	64843
it operates in respect of its allocated state share of	64844
instruction, for the payment of bond service charges on such	64845
obligations.	64846

The board of trustees shall deliver to the chancellor a copy	64847
of the resolution and any additional pertinent information the	64848
chancellor may require.	64849

The chancellor and the office of budget and management, and	64850
the issuing authority in the case of obligations to be issued by	64851
the issuing authority, shall evaluate each request received from a	64852
community or technical college district under this section. The	64853
chancellor, with the advice and consent of the director of budget	64854
and management and the issuing authority in the case of	64855
obligations to be issued by the issuing authority, shall approve	64856
each request if all of the following conditions are met:	64857

(1) Approval of the request will enhance the marketability of	64858
the obligations for which the request is made;	64859

(2) The chancellor and the office of budget and management,	64860
and the issuing authority in the case of obligations to be issued	64861
by the issuing authority, have no reason to believe the requesting	64862
community or technical college district or the community or	64863
technical college it operates will be unable to pay when due the	64864
bond service charges on the obligations for which the request is	64865
made, and bond service charges on those obligations are therefore	64866
not anticipated to be paid pursuant to this section from the	64867
allocated state share of instruction for purposes of Section 17 of	64868
Article VIII, Ohio Constitution.	64869

(3) Any other pertinent conditions established in rules	64870
adopted under division (H) of this section.	64871

(C) If the chancellor approves the request of a community or	64872
technical college district to withhold and deposit funds pursuant	64873
to this section, the chancellor shall enter into a written	64874
agreement with the district and the primary paying agent or fiscal	64875
agent for the obligations, which agreement shall provide for the	64876
withholding of funds pursuant to this section for the payment of	64877
bond service charges on those obligations. The agreement may also	64878
include both of the following:	64879

(1) Provisions for certification by the district to the	64880
chancellor, prior to the deadline for payment of the applicable	64881
bond service charges, whether the district and the community or	64882
technical college it operates are able to pay those bond service	64883
charges when due;	64884

(2) Requirements that the district or the community or	64885
technical college it operates deposits amounts for the payment of	64886
those bond service charges with the primary paying agent or fiscal	64887
agent for the obligations prior to the date on which the bond	64888
service charges are due to the owners or holders of the	64889
obligations.	64890

(D) Whenever a district or the community or technical college	64891
it operates notifies the chancellor that it will not be able to	64892
pay the bond service charges when they are due, subject to the	64893
withholding provisions of this section, or whenever the applicable	64894
paying agent or fiscal agent notifies the chancellor that it has	64895
not timely received from a district or from the college it	64896
operates the full amount needed for payment of the bond service	64897
charges when due to the holders or owners of such obligations, the	64898
chancellor shall immediately contact the district or college and	64899
the paying agent or fiscal agent to confirm that the district and	64900
the college are not able to make the required payment by the date	64901
on which it is due.	64902

If the chancellor confirms that the district and the college	64903
are not able to make the payment and the payment will not be made	64904
pursuant to a credit enhancement facility, the chancellor shall	64905
promptly pay to the applicable primary paying agent or fiscal	64906
agent the lesser of the amount due for bond service charges or the	64907
amount of the next periodic distribution scheduled to be made to	64908
the district or to the college in respect of its allocated state	64909
share of instruction. If this amount is insufficient to pay the	64910
total amount then due the agent for the payment of bond service	64911
charges, the chancellor shall continue to pay to the agent from	64912
each periodic distribution thereafter, and until the full amount	64913
due the agent for unpaid bond service charges is paid in full, the	64914
lesser of the remaining amount due the agent for bond service	64915
charges or the amount of the next periodic distribution scheduled	64916
to be made to the district or college in respect of its allocated	64917
state share of instruction.	64918

(E) The chancellor may make any payments under this section	64919
by direct deposit of funds by electronic transfer.	64920

Any amount received by a paying agent or fiscal agent under	64921
this section shall be applied only to the payment of bond service	64922
charges on the obligations of the community or technical college	64923
district or community or technical college subject to this section	64924
or to the reimbursement of the provider of a credit enhancement	64925
facility that has paid the bond service charges.	64926

(F) The chancellor may make payments under this section to	64927
paying agents or fiscal agents during any fiscal biennium of the	64928
state only from and to the extent that money is appropriated to	64929
the board of regents by the general assembly for distribution	64930
during such biennium for the state share of instruction and only	64931
to the extent that a portion of the state share of instruction has	64932
been allocated to the community or technical college district or	64933
community or technical college. Obligations of the issuing	64934
authority or of a community or technical college district to which	64935
this section is made applicable do not constitute an obligation or	64936
a debt or a pledge of the faith, credit, or taxing power of the	64937
state, and the holders or owners of those obligations have no	64938
right to have excises or taxes levied or appropriations made by	64939
the general assembly for the payment of bond service charges on	64940
the obligations, and the obligations shall contain a statement to	64941
that effect. The agreement for or the actual withholding and	64942
payment of money under this section does not constitute the	64943
assumption by the state of any debt of a community or technical	64944
college district or a community or technical college, and bond	64945
service charges on the related obligations are not anticipated to	64946
be paid from the state general revenue fund for purposes of	64947
Section 17 of Article VIII, Ohio Constitution.	64948

(G) In the case of obligations subject to the withholding	64949
provisions of this section, the issuing community or technical	64950
college district, or the issuing authority in the case of	64951
obligations issued by the issuing authority, shall appoint a	64952
paying agent or fiscal agent who is not an officer or employee of	64953
the district or college.	64954

(H) The chancellor, with the advice and consent of the office	64955
of budget and management, may adopt reasonable rules not	64956
inconsistent with this section for the implementation of this	64957
section to secure payment of bond service charges on obligations	64958
issued by a community or technical college district or by the	64959
issuing authority for the benefit of a community or technical	64960
college district or the community or technical college it	64961
operates. Those rules shall include criteria for the evaluation	64962
and approval or denial of community or technical college district	64963
requests for withholding under this section.	64964

(I) The authority granted by this section is in addition to	64965
and not a limitation on any other authorizations granted by or	64966
pursuant to law for the same or similar purposes.	64967

Sec. 3333.613. There is hereby created in the state treasury	64968
the choose Ohio first scholarship reserve fund. Not later than the	64969
first day of July of each fiscal year, the chancellor of the Ohio	64970
board of regents shall certify to the director of budget and	64971
management the unencumbered balance of the general revenue fund	64972
appropriations made in the immediately preceding fiscal year for	64973
purposes of the choose Ohio first scholarship program created in	64974
section 3333.61 of the Revised Code. Upon receipt of the	64975
certification, the director may transfer an amount not exceeding	64976
the certified amount from the general revenue fund to the choose	64977
Ohio first scholarship reserve fund. Moneys in the choose Ohio	64978
first scholarship reserve fund shall be used to pay scholarship	64979
obligations in excess of the general revenue fund appropriations	64980
made for that purpose.	64981

The director may transfer any unencumbered balance from the	64982
choose Ohio first scholarship reserve fund to the general revenue	64983
fund.	64984

Sec. 3333.73. The chancellor of the Ohio board of regents	64985
shall establish a competitive process for making awards under the	64986
Ohio co-op/internship program. The chancellor, on completion of	64987
that process, shall make a recommendation to the controlling board	64988
asking for approval of each award selected by the chancellor.	64989

The state institution of higher education shall submit a	64990
proposal and other documentation required by the chancellor, in	64991
the form and manner prescribed by the chancellor, for each award	64992
it seeks. A proposal may propose an initiative to be implemented	64993
solely by the state institution of higher education or in	64994
collaboration with other state institutions of higher education or	64995
nonpublic Ohio universities or colleges.	64996

The chancellor shall determine which proposals will receive	64997
awards each fiscal year, and the amount of each award, on the	64998
basis of the merit of each proposal, which the chancellor, subject	64999
to approval by the controlling board, shall determine based on one	65000
or more of the following criteria:	65001

(A) The extent to which the proposal will keep Ohio students	65002
in Ohio institutions of higher education;	65003

(B) The extent to which the proposal will attract Ohio	65004
residents who left Ohio to attend out-of-state institutions of	65005
higher education to return to Ohio institutions of higher	65006
education;	65007

(C) The extent to which the proposal will increase the number	65008
of Ohio graduates who remain in Ohio and enter Ohio's workforce;	65009

(D) The quality of the program that is the subject of the	65010
proposal and the extent to which additional resources will enhance	65011
its quality;	65012

(E) The extent to which the proposal is integrated with the	65013
strengths of the regional economy;	65014

(F) The extent to which the proposal ~~is aligned with the~~	65015
~~report submitted by the chancellor pursuant to Section 4 of Sub.~~	65016
~~H.B. 2 of the 127th general assembly, as amended~~supports the	65017
workforce policies of the governor's office of workforce	65018
transformation to meet the workforce needs of the state and to	65019
provide a student participating in the program with the skills	65020
needed for workplace success;	65021

(G) The extent to which the proposal facilitates the	65022
development of high quality academic programs with a cooperative	65023
education program or a significant internship program at state	65024
institutions of higher education;	65025

(H) The extent to which the proposal is integrated with	65026
supporting private companies to fill potential job growth, is	65027
responsive to the needs of employers, aligns with the skills	65028
identified by employers as necessary to fill high-demand job	65029
openings, particularly job openings in targeted industry sectors	65030
as identified by the governor's office of workforce	65031
transformation;	65032

(I) The amount of other institutional, public, or private	65033
resources, whether monetary or nonmonetary, the proposal pledges	65034
to leverage that are in addition to the monetary cost-sharing	65035
requirement prescribed in section 3333.74 of the Revised Code;	65036

(J) The extent to which the proposal is collaborative with	65037
other Ohio institutions of higher education;	65038

(K) The extent to which the proposal is integrated with the	65039
institution's mission;	65040

(L) The extent to which the proposal meets a statewide	65041
educational need at the undergraduate or graduate level;	65042

(M) The demonstrated productivity or future capacity of the	65043
students to be recruited;	65044

(N) The extent to which the proposal will create additional	65045
capacity in a high quality academic program with a cooperative	65046
education program or significant internship program;	65047

(O) The extent to which the proposal will encourage students	65048
who received degrees from two-year institutions to pursue	65049
baccalaureate degrees;	65050

(P) The extent to which the proposal facilitates the	65051
completion of a baccalaureate degree in a cost-effective manner;	65052

(Q) The extent to which other institutional, public, or	65053
private resources that are pledged to the proposal, in addition to	65054
the monetary cost-sharing requirement prescribed in section	65055
3333.74 of the Revised Code, will be deployed to assist in	65056
sustaining the academic program of excellence;	65057

(R) The extent to which the proposal increases the likelihood	65058
that students will successfully complete their degree programs or	65059
certificate programs;	65060

(S) The extent to which the proposal ensures that a student	65061
participating in the high quality academic program funded by the	65062
Ohio co-op/internship program is appropriately qualified and	65063
prepared to successfully transition into professions in Ohio's	65064
growing companies and industries.	65065

Sec. 3333.82. (A) The chancellor of the Ohio board of	65066
regents shall establish a clearinghouse of interactive distance	65067
learning courses and other distance learning courses delivered via	65068
a computer-based method offered by school districts, community	65069
schools, STEM schools, state institutions of higher education,	65070
private colleges and universities, and other nonprofit and	65071
for-profit course providers for sharing with other school	65072
districts, community schools, STEM schools, state institutions of	65073
higher education, private colleges and universities, and	65074
individuals for the fee set pursuant to section 3333.84 of the	65075
Revised Code. The chancellor shall not be responsible for the	65076
content of courses offered through the clearinghouse; however, all	65077
such courses shall be delivered only in accordance with technical	65078
specifications approved by the chancellor and on a common	65079
statewide platform administered by the chancellor.	65080

The clearinghouse's distance learning program for students in	65081
grades kindergarten to twelve shall be based on the following	65082
principles:	65083

(1) All Ohio students shall have access to high quality	65084
distance learning courses at any point in their educational	65085
careers.	65086

(2) All students shall be able to customize their education	65087
using distance learning courses offered through the clearinghouse	65088
and no student shall be denied access to any course in the	65089
clearinghouse in which the student is eligible to enroll.	65090

(3) Students may take distance learning courses for all or	65091
any portion of their curriculum requirements and may utilize a	65092
combination of distance learning courses and courses taught in a	65093
traditional classroom setting.	65094

(4) Students may earn an unlimited number of academic credits	65095
through distance learning courses.	65096

(5) Students may take distance learning courses at any time	65097
of the calendar year.	65098

(6) Student advancement to higher coursework shall be based	65099
on a demonstration of subject area competency instead of	65100
completion of any particular number of hours of instruction.	65101

(B) To offer a course through the clearinghouse, a course	65102
provider shall apply to the chancellor in a form and manner	65103
prescribed by the chancellor. The application for each course	65104
shall describe the course of study in as much detail as required	65105
by the chancellor, whether an instructor is provided, the	65106
qualification and credentials of the instructor, the number of	65107
hours of instruction, and any other information required by the	65108
chancellor. The chancellor may require course providers to include	65109
in their applications information recommended by the state board	65110
of education under former section 3353.30 of the Revised Code.	65111

(C) The chancellor shall review the technical specifications	65112
of each application submitted under division (B) of this section.	65113
In reviewing applications, the chancellor may consult with the	65114
department of education; however, the responsibility to either	65115
approve or not approve a course for the clearinghouse belongs to	65116
the chancellor. The chancellor may request additional information	65117
from a course provider that submits an application under division	65118
(B) of this section, if the chancellor determines that such	65119
information is necessary. The chancellor may negotiate changes in	65120
the proposal to offer a course, if the chancellor determines that	65121
changes are necessary in order to approve the course.	65122

(D) The chancellor shall catalog each course approved for the	65123
clearinghouse, through a print or electronic medium, displaying	65124
the following:	65125

(1) Information necessary for a student and the student's	65126
parent, guardian, or custodian and the student's school district,	65127
community school, STEM school, college, or university to decide	65128
whether to enroll in or subscribe to the course;	65129

(2) Instructions for enrolling in that course, including	65130
deadlines for enrollment.	65131

(E) Any expenses related to the installation of a course into	65132
the common statewide platform shall be borne by the course	65133
provider.	65134

(F) ~~The eTech Ohio commission, in consultation with the~~	65135
~~chancellor and the state board~~, shall distribute information to	65136
students and parents describing the clearinghouse. The information	65137
shall be provided in an easily understandable formatThe	65138
chancellor may contract with an entity to perform any or all of	65139
the chancellor's duties under sections 3333.81 to 3333.88 of the	65140
Revised Code.	65141

Sec. 3334.08. (A) Subject to division (B) of this section,	65142
in addition to any other powers conferred by this chapter, the	65143
Ohio tuition trust authority may do any of the following:	65144

(1) Impose reasonable residency requirements for	65145
beneficiaries of tuition units;	65146

(2) Impose reasonable limits on the number of tuition unit	65147
participants;	65148

(3) Impose and collect administrative fees and charges in	65149
connection with any transaction under this chapter;	65150

(4) Purchase insurance from insurers licensed to do business	65151
in this state providing for coverage against any loss in	65152
connection with the authority's property, assets, or activities or	65153
to further ensure the value of tuition units;	65154

(5) Indemnify or purchase policies of insurance on behalf of	65155
members, officers, and employees of the authority from insurers	65156
licensed to do business in this state providing for coverage for	65157
any liability incurred in connection with any civil action,	65158
demand, or claim against a director, officer, or employee by	65159
reason of an act or omission by the director, officer, or employee	65160
that was not manifestly outside the scope of the employment or	65161
official duties of the director, officer, or employee or with	65162
malicious purpose, in bad faith, or in a wanton or reckless	65163
manner;	65164

(6) Make, execute, and deliver contracts, conveyances, and	65165
other instruments necessary to the exercise and discharge of the	65166
powers and duties of the authority;	65167

(7) Promote, advertise, and publicize the Ohio college	65168
savings program and the variable college savings program;	65169

(8) Adopt rules under section 111.15 of the Revised Code for	65170
the implementation of the Ohio college savings program;	65171

(9) Contract, for the provision of all or part of the	65172
services necessary for the management and operation of the Ohio	65173
college savings program and the variable college savings program,	65174
with a bank, trust company, savings and loan association,	65175
insurance company, or licensed dealer in securities if the bank,	65176
company, association, or dealer is authorized to do business in	65177
this state and ~~information about~~ the contract is ~~filed with~~	65178
approved by the controlling board ~~pursuant to division (D)(6) of~~	65179
~~section 127.16 of the Revised Code~~; provided, however, that ~~any~~	65180
funds of the Ohio college savings program and the variable college	65181
savings program ~~that are not needed for immediate use~~ shall be	65182
deposited by the treasurer of state in the same manner provided	65183
under Chapter 135. of the Revised Code for public moneys of the	65184
state. All interest earned on those deposits shall be credited to	65185
the Ohio college savings program or the variable college savings	65186
program, as applicable.	65187

(10) Contract for other services, or for goods, needed by the	65188
authority in the conduct of its business, including but not	65189
limited to credit card services;	65190

(11) Employ an executive director and other personnel as	65191
necessary to carry out its responsibilities under this chapter,	65192
and fix the compensation of these persons. All employees of the	65193
authority shall be in the unclassified civil service and shall be	65194
eligible for membership in the public employees retirement system.	65195
In the hiring of the executive director, the Ohio tuition trust	65196
authority shall obtain the advice and consent of the Ohio tuition	65197
trust board created in section 3334.03 of the Revised Code,	65198
provided that the executive director shall not be hired unless a	65199
majority of the board votes in favor of the hiring. In addition,	65200
the board may remove the executive director at any time subject to	65201
the advice and consent of the chancellor of the Ohio board of	65202
regents.	65203

(12) Contract with financial consultants, actuaries,	65204
auditors, and other consultants as necessary to carry out its	65205
responsibilities under this chapter;	65206

(13) Enter into agreements with any agency of the state or	65207
its political subdivisions or with private employers under which	65208
an employee may agree to have a designated amount deducted in each	65209
payroll period from the wages or salary due the employee for the	65210
purpose of purchasing tuition units pursuant to a tuition payment	65211
contract or making contributions pursuant to a variable college	65212
savings program contract;	65213

(14) Enter into an agreement with the treasurer of state	65214
under which the treasurer of state will receive, and credit to the	65215
Ohio tuition trust fund or variable college savings program fund,	65216
from any bank or savings and loan association authorized to do	65217
business in this state, amounts that a depositor of the bank or	65218
association authorizes the bank or association to withdraw	65219
periodically from the depositor's account for the purpose of	65220
purchasing tuition units pursuant to a tuition payment contract or	65221
making contributions pursuant to a variable college savings	65222
program contract;	65223

(15) Solicit and accept gifts, grants, and loans from any	65224
person or governmental agency and participate in any governmental	65225
program;	65226

(16) Impose limits on the number of units which may be	65227
purchased on behalf of or assigned or awarded to any beneficiary	65228
and on the total amount of contributions that may be made on	65229
behalf of a beneficiary;	65230

(17) Impose restrictions on the substitution of another	65231
individual for the original beneficiary under the Ohio college	65232
savings program;	65233

(18) Impose a limit on the age of a beneficiary, above which	65234
tuition units may not be purchased on behalf of that beneficiary;	65235

(19) Enter into a cooperative agreement with the treasurer of	65236
state to provide for the direct disbursement of payments under	65237
tuition payment or variable college savings program contracts;	65238

(20) Determine the other higher education expenses for which	65239
tuition units or contributions may be used;	65240

(21) Terminate any tuition payment or variable college	65241
savings program contract if no purchases or contributions are made	65242
for a period of three years or more and there are fewer than a	65243
total of five tuition units or less than a dollar amount set by	65244
rule on account, provided that notice of a possible termination	65245
shall be provided in advance, explaining any options to prevent	65246
termination, and a reasonable amount of time shall be provided	65247
within which to act to prevent a termination;	65248

(22) Maintain a separate account for each tuition payment or	65249
variable college savings program contract;	65250

(23) Perform all acts necessary and proper to carry out the	65251
duties and responsibilities of the authority pursuant to this	65252
chapter.	65253

(B) The authority shall adopt rules under section 111.15 of	65254
the Revised Code for the implementation and administration of the	65255
variable college savings program. The rules shall provide	65256
taxpayers with the maximum tax advantages and flexibility	65257
consistent with section 529 of the Internal Revenue Code and	65258
regulations adopted thereunder with regard to disposition of	65259
contributions and earnings, designation of beneficiaries, and	65260
rollover of account assets to other programs.	65261

(C) Except as otherwise specified in this chapter, the	65262
provisions of Chapters 123., 125., and 4117. of the Revised Code	65263
shall not apply to the authority. The department of administrative	65264
services shall, upon the request of the authority, act as the	65265
authority's agent for the purchase of equipment, supplies,	65266
insurance, or services, or the performance of administrative	65267
services pursuant to Chapter 125. of the Revised Code.	65268

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	65269
OSU extension ~~service~~ fund," which shall be under the custody and	65270
control of the board of trustees of the Ohio state university and	65271
shall consist of all moneys appropriated, given, granted, or	65272
bequeathed to the university for the use of ~~the Ohio cooperative~~	65273
OSU extension ~~service~~ by the United States, this state, any	65274
political subdivision of this state, or any person. The board	65275
shall have responsibility for expenditure of all moneys in the	65276
fund in accordance with state and federal law and memoranda of	65277
agreement between the university and the United States department	65278
of agriculture.	65279

Sec. 3335.36. The board of trustees of the Ohio state	65280
university may employ such employees as it considers appropriate	65281
for the conduct of educational programs of ~~the Ohio cooperative~~	65282
OSU extension ~~service~~ and may provide for the payment from the	65283
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	65284
3335.35 of the Revised Code of reasonable compensation to such	65285
employees and of reasonable expenses incurred by them in the	65286
discharge of their duties, including expenses of travel and of	65287
maintaining, equipping, and supplying their offices.	65288

The employees shall cooperate with the department of	65289
agriculture, the Ohio agricultural research and development	65290
center, the department of education, and the United States	65291
department of agriculture, for the purpose of making available the	65292
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	65293
employees shall represent the university and shall conduct	65294
educational activities related to agriculture, natural resources,	65295
~~home economics~~community development, family ~~living~~and consumer	65296
sciences, and 4-H programs for the citizens of this state through	65297
personal instruction, bulletins, practical demonstrations, mass	65298
media, and otherwise, subject to such rules as may be prescribed	65299
by the board of trustees of the university. ~~Such~~The employees	65300
shall have offices provided by the county or other political	65301
subdivision in which they serve in which bulletins and other	65302
educational materials of value to the people may be consulted and	65303
through which the employees may be reached.	65304

The board of trustees of the Ohio state university may hire	65305
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	65306
carry out the functions and duties of a director of economic	65307
development under division (B) of section 307.07 of the Revised	65308
Code pursuant to any agreement with a county under division (A)(2)	65309
of section 307.07 of the Revised Code.	65310

Sec. 3335.37. The board of county commissioners of any	65311
county may levy a tax, within the limitations prescribed by law,	65312
and appropriate money from the proceeds thereof or from the	65313
general fund of the county to be paid to the Ohio state university	65314
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	65315
created by section 3335.35 of the Revised Code and expended for	65316
the purposes prescribed in section 3335.36 of the Revised Code for	65317
the benefit of the citizens of ~~such~~that county. Any money paid	65318
into the fund under this section that aggregates more than ten per	65319
cent of the county appropriation in the preceding year and that	65320
remains unexpended for two years from the time of ~~such~~the payment	65321
shall be returned to the county from which it came unless the	65322
board of county commissioners determines by resolution to	65323
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	65324
general purposes.	65325

Sec. 3335.38. The board of trustees of the Ohio state	65326
university shall establish a farm financial management institute	65327
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	65328
and qualified persons to assist farmers needing help with farm	65329
financial management problems.	65330

Participation shall be open to all interested persons, but	65331
the following persons shall be given priority as to enrollment:	65332
employees or representatives of banks and other farm credit	65333
agencies, agricultural teachers, and faculty and employees of the	65334
Ohio state university and ~~the Ohio cooperative~~OSU extension	65335
~~service~~ who agree to assist Ohio farmers in completing and	65336
understanding the coordinated financial statement and other	65337
subjects. A fee may be charged participants, as determined by ~~the~~	65338
OSU extension ~~service~~, but may be waived for those participants	65339
granted priority status at enrollment.	65340

~~Sec. 3304.23.~~ Sec. 3335.60. (A) There is hereby created in the	65341
~~rehabilitation services commission~~Ohio state university college	65342
of medicine a brain injury program consisting of a program	65343
director and at least one support staff person.	65344

(B) To the extent that funds are available, the brain injury	65345
program may do the following:	65346

(1) Identify existing services in this state to assist	65347
survivors and families of survivors of brain injury;	65348

(2) Promote the coordination of services for survivors and	65349
families of survivors of brain injury;	65350

(3) Explore options for delivery of services to survivors and	65351
families of survivors of brain injury;	65352

(4) Explore the establishment of a traumatic brain injury	65353
incidence reporting system to collect information on the incidence	65354
and character of traumatic brain injury in this state;	65355

(5) Promote practices that will reduce the incidence of brain	65356
injury;	65357

(6) Develop training programs on dealing with brain injury	65358
and the special needs of survivors of brain injury;	65359

(7) Identify sources of available funds for services for	65360
survivors and families of survivors of brain injury;	65361

(8) Explore options for the delivery of case management	65362
services to residents of this state who are survivors of brain	65363
injury;	65364

(9) Provide assistance to assure that services for survivors	65365
and families of survivors of brain injury are all of the	65366
following:	65367

(a) Designed to enhance the survivor's ability to lead an	65368
independent and productive life;	65369

(b) Available within close proximity of the survivor's home;

65370

65371

(d) Appropriate to the unique needs of the survivor.

65372

(C) The staff of the brain injury program shall prepare a	65373
biennial report on the incidence of brain injury in this state	65374
~~that~~. The report shall be ~~submitted to the administrator of the~~	65375
~~rehabilitation services commission on or before December 15, 1992,~~	65376
completed not later than two years after the effective date of	65377
this amendment and every two years thereafter~~. A copy of the~~	65378
~~report shall be~~and submitted to the brain injury advisory	65379
committee created under section ~~3304.231~~3335.61 of the Revised	65380
Code.	65381

~~Sec. 3304.231.~~ Sec. 3335.61. There is hereby created a brain	65382
injury advisory committee, which shall advise the ~~administrator of~~	65383
~~the rehabilitation services commission and the~~ brain injury	65384
program with regard to unmet needs of survivors of brain injury,	65385
development of programs for survivors and their families,	65386
establishment of training programs for health care professionals,	65387
and any other matter within the province of the brain injury	65388
program. The committee shall consist of not fewer than ~~twenty~~	65389
nineteen and not more than ~~twenty-two~~twenty-one members as	65390
follows:	65391

(A) Not fewer than ten and not more than twelve members	65392
appointed by the ~~administrator of the rehabilitation services~~	65393
~~commission~~dean of the college of medicine of the Ohio state	65394
university, including all of the following: a survivor of brain	65395
injury, a relative of a survivor of brain injury, a licensed	65396
physician recommended by the Ohio chapter of the American college	65397
of emergency physicians, a licensed physician recommended by the	65398
Ohio state medical association, one other health care	65399
professional, a rehabilitation professional, an individual who	65400
represents the brain injury association of Ohio, and not fewer	65401
than three nor more than five individuals who shall represent the	65402
public;	65403

(B) The directors of the departments of health, ~~alcohol and~~	65404
~~drug addiction services~~mental health and drug addiction services,	65405
developmental disabilities, ~~mental health, job and family~~	65406
~~services,~~ aging, and public safety; the medicaid director; the	65407
administrator of workers' compensation; the superintendent of	65408
public instruction; and the ~~administrator~~executive director of	65409
the ~~rehabilitation services commission~~opportunities for Ohioans	65410
with disabilities agency. Any of the officials specified in this	65411
division may designate an individual to serve in the official's	65412
place as a member of the committee.	65413

Terms of office of the appointed members shall be two years.	65414
Members may be reappointed. Vacancies shall be filled in the	65415
manner provided for original appointments. Any member appointed to	65416
fill a vacancy occurring prior to the expiration date of the term	65417
for which the member's predecessor was appointed shall hold office	65418
as a member for the remainder of that term.	65419

Members of the committee shall serve without compensation,	65420
but shall be reimbursed for actual and necessary expenses incurred	65421
in the performance of their duties.	65422

Sec. 3337.16. (A) The president of Ohio university may	65423
create an advisory committee to do both of the following:	65424

(1) Review the comprehensive land use plans and any updates	65425
of those land use plans prepared by Ohio university for the	65426
property conveyed to the university in Sub. H.B. 576 of the 117th	65427
general assembly;	65428

(2) Comment on and periodically review the progress on the	65429
implementation of the comprehensive land use plans described in	65430
division (A)(1) of this section.	65431

(B) The advisory committee created under division (A) of this	65432
section shall consist of the following members:	65433

(1) The president of Ohio university or the president's	65434
designee, who shall serve as chairperson of the advisory	65435
committee;	65436

(2) The mayor of the city of Athens or the mayor's designee;

65437

(3) The following members appointed by the president of Ohio	65438
university:	65439

(a) One Athens county commissioner;

65440

(b) One to three individuals who reside in Athens county and	65441
have special knowledge and experience in land use planning,	65442
preservation, or economic development.	65443

Vacancies on the committee shall be filled in the same manner	65444
as the original appointments.	65445

Sec. 3345.05. (A) All registration fees, nonresident tuition	65446
fees, academic fees for the support of off-campus instruction,	65447
laboratory and course fees when so assessed and collected, student	65448
health fees for the support of a student health service, all other	65449
fees, deposits, charges, receipts, and income from all or part of	65450
the students, all subsidy or other payments from state	65451
appropriations, and all other fees, deposits, charges, receipts,	65452
income, and revenue received by each state institution of higher	65453
education, the Ohio state university hospitals and their ancillary	65454
facilities, the Ohio agricultural research and development center,	65455
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	65456
shall be held and administered by the respective boards of	65457
trustees of the state institution of higher education; provided,	65458
that such fees, deposits, charges, receipts, income and revenue,	65459
to the extent required by resolutions, trust agreements,	65460
indentures, leases, and agreements adopted, made, or entered into	65461
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	65462
Revised Code, shall be held, administered, transferred, and	65463
applied in accordance therewith.	65464

(B) The Ohio board of regents shall require annual reporting	65465
by the Ohio agricultural research and development center and by	65466
each university and college receiving state aid in such form and	65467
detail as determined by the board in consultation with such	65468
center, universities and colleges, and the director of budget and	65469
management.	65470

(C) Notwithstanding any provision of the Revised Code to the	65471
contrary, the title to investments made by the board of trustees	65472
of a state institution of higher education with funds derived from	65473
any of the sources described in division (A) of this section shall	65474
not be vested in the state or the political subdivision but shall	65475
be held in trust by the board. Such investments shall be made	65476
pursuant to an investment policy adopted by the board in public	65477
session that requires all fiduciaries to discharge their duties	65478
with the care, skill, prudence, and diligence under the	65479
circumstances then prevailing that a prudent person acting in like	65480
capacity and familiar with such matters would use in the conduct	65481
of an enterprise of a like character and with like aims. The	65482
policy also shall require at least the following:	65483

(1) A stipulation that investment of at least twenty-five per	65484
cent of the average amount of the investment portfolio over the	65485
course of the previous fiscal year be invested in securities of	65486
the United States government or of its agencies or	65487
instrumentalities, the treasurer of state's pooled investment	65488
program, obligations of this state or any political subdivision of	65489
this state, certificates of deposit of any national bank located	65490
in this state, written repurchase agreements with any eligible	65491
Ohio financial institution that is a member of the federal reserve	65492
system or federal home loan bank, money market funds, or bankers	65493
acceptances maturing in two hundred seventy days or less which are	65494
eligible for purchase by the federal reserve system, as a reserve;	65495

(2) Eligible funds above those that meet the conditions of	65496
division (C)(1) of this section may be pooled with other	65497
institutional funds and invested in accordance with section	65498
1715.52 of the Revised Code.	65499

(3) The establishment of an investment committee.

65500

(D) The investment committee established under division	65501
(C)(3) of this section shall meet at least quarterly. The	65502
committee shall review and recommend revisions to the board's	65503
investment policy and shall advise the board on its investments	65504
made under division (C) of this section in an effort to assist it	65505
in meeting its obligations as a fiduciary as described in division	65506
(C) of this section. The committee shall be authorized to retain	65507
the services of an investment advisor who meets both of the	65508
following qualifications:	65509

(1) The advisor is either:

65510

(a) Licensed by the division of securities under section	65511
1707.141 of the Revised Code;	65512

(b) Registered with the securities and exchange commission.

65513

(2) The advisor either:

65514

(a) Has experience in the management of investments of public	65515
funds, especially in the investment of state-government investment	65516
portfolios;	65517

(b) Is an eligible institution referenced in section 135.03	65518
of the Revised Code.	65519

(E) As used in this section, "state institution of higher	65520
education" means a state institution of higher education as	65521
defined in section 3345.011 of the Revised Code.	65522

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	65523
section, a graduate of the twelfth grade shall be entitled to	65524
admission without examination to any college or university which	65525
is supported wholly or in part by the state, but for unconditional	65526
admission may be required to complete such units not included in	65527
the graduate's high school course as may be prescribed, not less	65528
than two years prior to the graduate's entrance, by the faculty of	65529
the institution.	65530

(B) Beginning with the 2014-2015 academic year, each state	65531
university listed in section 3345.011 of the Revised Code, except	65532
for Central state university, Shawnee state university, and	65533
Youngstown state university, shall permit a resident of this state	65534
who entered ninth grade for the first time on or after July 1,	65535
2010, to begin undergraduate coursework at the university only if	65536
the person has successfully completed the Ohio core curriculum for	65537
high school graduation prescribed in division (C) of section	65538
3313.603 of the Revised Code, unless one of the following applies:	65539

(1) The person has earned at least ten semester hours, or the	65540
equivalent, at a community college, state community college,	65541
university branch, technical college, or another post-secondary	65542
institution except a state university to which division (B) of	65543
this section applies, in courses that are college-credit-bearing	65544
and may be applied toward the requirements for a degree. The	65545
university shall grant credit for successful completion of those	65546
courses pursuant to any applicable articulation and transfer	65547
policy of the Ohio board of regents or any agreements the	65548
university has entered into in accordance with policies and	65549
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	65550
the Revised Code. The university may count college credit that the	65551
student earned while in high school through the post-secondary	65552
enrollment options program under Chapter 3365. of the Revised	65553
Code, or through other dual enrollment programs, toward the	65554
requirements of division (B)(1) of this section if the credit may	65555
be applied toward a degree.	65556

(2) The person qualified to graduate from high school under	65557
division (D) or (F) of section 3313.603 of the Revised Code and	65558
has successfully completed the topics or courses that the person	65559
lacked to graduate under division (C) of that section at any	65560
post-secondary institution or at a summer program at the state	65561
university. A state university may admit a person for enrollment	65562
contingent upon completion of such topics or courses or summer	65563
program.	65564

(3) The person met the high school graduation requirements by	65565
successfully completing the person's individualized education	65566
program developed under section 3323.08 of the Revised Code.	65567

~~(3)~~(4) The person is receiving or has completed the final	65568
year of instruction at home as authorized under section 3321.04 of	65569
the Revised Code, or has graduated from a nonchartered, nonpublic	65570
school in Ohio, and demonstrates mastery of the academic content	65571
and skills in reading, writing, and mathematics needed to	65572
successfully complete introductory level coursework at an	65573
institution of higher education and to avoid remedial coursework.	65574

~~(4)~~(5) The person is a high school student participating in	65575
the post-secondary enrollment options program under Chapter 3365.	65576
of the Revised Code or another dual enrollment program.	65577

(C) A state university subject to division (B) of this	65578
section may delay admission for or admit conditionally an	65579
undergraduate student who has successfully completed the Ohio core	65580
curriculum if the university determines the student requires	65581
academic remedial or developmental coursework. The university may	65582
delay admission pending, or make admission conditional upon, the	65583
student's successful completion of the academic remedial or	65584
developmental coursework at a university branch, community	65585
college, state community college, or technical college.	65586

(D) This section does not deny the right of a college of law,	65587
medicine, or other specialized education to require college	65588
training for admission, or the right of a department of music or	65589
other art to require particular preliminary training or talent.	65590

Sec. 3345.12. (A) As used in this section and sections	65591
3345.07 and 3345.11 of the Revised Code, in other sections of the	65592
Revised Code that make reference to this section unless the	65593
context does not permit, and in related bond proceedings unless	65594
otherwise expressly provided:	65595

(1) "State university or college" means each of the state	65596
universities identified in section 3345.011 of the Revised Code	65597
and the northeast Ohio medical university, and includes its board	65598
of trustees.	65599

(2) "Institution of higher education" or "institution" means	65600
a state university or college, or a community college district,	65601
technical college district, university branch district, or state	65602
community college, and includes the applicable board of trustees	65603
or, in the case of a university branch district, any other	65604
managing authority.	65605

(3) "Housing and dining facilities" means buildings,	65606
structures, and other improvements, and equipment, real estate,	65607
and interests in real estate therefor, to be used for or in	65608
connection with dormitories or other living quarters and	65609
accommodations, or related dining halls or other food service and	65610
preparation facilities, for students, members of the faculty,	65611
officers, or employees of the institution of higher education, and	65612
their spouses and families.	65613

(4) "Auxiliary facilities" means buildings, structures, and	65614
other improvements, and equipment, real estate, and interests in	65615
real estate therefor, to be used for or in connection with student	65616
activity or student service facilities, housing and dining	65617
facilities, dining halls, and other food service and preparation	65618
facilities, vehicular parking facilities, bookstores, athletic and	65619
recreational facilities, faculty centers, auditoriums, assembly	65620
and exhibition halls, hospitals, infirmaries and other medical and	65621
health facilities, research, and continuing education facilities.	65622

(5) "Education facilities" means buildings, structures, and	65623
other improvements, and equipment, real estate, and interests in	65624
real estate therefor, to be used for or in connection with,	65625
classrooms or other instructional facilities, libraries,	65626
administrative and office facilities, and other facilities, other	65627
than auxiliary facilities, to be used directly or indirectly for	65628
or in connection with the conduct of the institution of higher	65629
education.	65630

(6) "Facilities" means housing and dining facilities,	65631
auxiliary facilities, or education facilities, and includes any	65632
one, part of, or any combination of such facilities, and further	65633
includes site improvements, utilities, machinery, furnishings, and	65634
any separate or connected buildings, structures, improvements,	65635
sites, open space and green space areas, utilities or equipment to	65636
be used in, or in connection with the operation or maintenance of,	65637
or supplementing or otherwise related to the services or	65638
facilities to be provided by, such facilities.	65639

(7) "Obligations" means bonds or notes or other evidences of	65640
obligation, including interest coupons pertaining thereto,	65641
authorized to be issued under this section or section 3345.07,	65642
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	65643
Code.	65644

(8) "Bond service charges" means principal, including any	65645
mandatory sinking fund or redemption requirements for the	65646
retirement of obligations or assurances, interest, or interest	65647
equivalent and other accreted amounts, and any call premium	65648
required to be paid on obligations or assurances.	65649

(9) "Bond proceedings" means the resolutions, trust	65650
agreement, indenture, and other agreements and credit enhancement	65651
facilities, and amendments and supplements to the foregoing, or	65652
any one or more or combination thereof, authorizing, awarding, or	65653
providing for the terms and conditions applicable to, or providing	65654
for the security or liquidity of, obligations or assurances, and	65655
the provisions contained in those obligations or assurances.	65656

(10) "Costs of facilities" means the costs of acquiring,	65657
constructing, reconstructing, rehabilitating, remodeling,	65658
renovating, enlarging, improving, equipping, or furnishing	65659
facilities, and the financing thereof, including the cost of	65660
clearance and preparation of the site and of any land to be used	65661
in connection with facilities, the cost of any indemnity and	65662
surety bonds and premiums on insurance, all related direct	65663
administrative expenses and allocable portions of direct costs of	65664
the institution of higher education or state agency, cost of	65665
engineering, architectural services, design, plans, specifications	65666
and surveys, estimates of cost, legal fees, fees and expenses of	65667
trustees, depositories, bond registrars, and paying agents for the	65668
obligations, cost of issuance of the obligations and financing	65669
costs and fees and expenses of financial advisers and consultants	65670
in connection therewith, interest on the obligations from the date	65671
thereof to the time when interest is to be covered by available	65672
receipts or other sources other than proceeds of the obligations,	65673
amounts necessary to establish reserves as required by the bond	65674
proceedings, costs of audits, the reimbursements of all moneys	65675
advanced or applied by or borrowed from the institution or others,	65676
from whatever source provided, including any temporary advances	65677
from state appropriations, for the payment of any item or items of	65678
cost of facilities, and all other expenses necessary or incident	65679
to planning or determining feasibility or practicability with	65680
respect to facilities, and such other expenses as may be necessary	65681
or incident to the acquisition, construction, reconstruction,	65682
rehabilitation, remodeling, renovation, enlargement, improvement,	65683
equipment, and furnishing of facilities, the financing thereof and	65684
the placing of them in use and operation, including any one, part	65685
of, or combination of such classes of costs and expenses.	65686

(11) "Available receipts" means all moneys received by the	65687
institution of higher education, including income, revenues, and	65688
receipts from the operation, ownership, or control of facilities	65689
or entrepreneurial projects, grants, gifts, donations, and pledges	65690
and receipts therefrom, receipts from fees and charges, and the	65691
proceeds of the sale of obligations or assurances, including	65692
proceeds of obligations or assurances issued to refund obligations	65693
or assurances previously issued, but excluding any special fee,	65694
and receipts therefrom, charged pursuant to division (D) of	65695
section 154.21 of the Revised Code.	65696

(12) "Credit enhancement facilities" has the meaning given in	65697
division (H) of section 133.01 of the Revised Code.	65698

(13) "Financing costs" has the meaning given in division (K)	65699
of section 133.01 of the Revised Code.	65700

(14) "Interest" or "interest equivalent" has the meaning	65701
given in division (R) of section 133.01 of the Revised Code.	65702

(15) "Assurances" means bonds, notes, or other evidence of	65703
indebtedness, including interest coupons pertaining thereto,	65704
authorized to be issued under section 3345.36 of the Revised Code.	65705

(16) "Entrepreneurial project" has the same meaning as in	65706
section 3345.36 of the Revised Code.	65707

(17) "Costs of entrepreneurial projects" means any costs	65708
related to the establishment or development of entrepreneurial	65709
projects pursuant to a resolution adopted under section 3345.36 of	65710
the Revised Code.	65711

(B) Obligations issued under section 3345.07 or 3345.11 of	65712
the Revised Code by a state university or college shall be	65713
authorized by resolution of its board of trustees. Obligations	65714
issued by any other institution of higher education shall be	65715
authorized by resolution of its board of trustees, or managing	65716
directors in the case of certain university branch districts, as	65717
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	65718
apply to obligations and assurances. Obligations and assurances	65719
may be issued to pay costs of facilities or entrepreneurial	65720
projects even if the institution anticipates the possibility of a	65721
future state appropriation to pay all or a portion of such costs.	65722

(C) Obligations and assurances shall be secured by a pledge	65723
of and lien on all or such part of the available receipts of the	65724
institution of higher education as it provides for in the bond	65725
proceedings, excluding moneys raised by taxation and state	65726
appropriations except as permitted by section ~~3333.90~~3333.59 of	65727
the Revised Code. Such pledge and lien may be made prior to all	65728
other expenses, claims, or payments, excepting any pledge of such	65729
available receipts previously made to the contrary and except as	65730
provided by any existing restrictions on the use thereof, or such	65731
pledge and lien may be made subordinate to such other expenses,	65732
claims, or payments, as provided in the bond proceedings.	65733
Obligations or assurances may be additionally secured by covenants	65734
of the institution to make, fix, adjust, collect, and apply such	65735
charges, rates, fees, rentals, and other items of available	65736
receipts as will produce pledged available receipts sufficient to	65737
meet bond service charges, reserve, and other requirements	65738
provided for in the bond proceedings. Notwithstanding this and any	65739
other sections of the Revised Code, the holders or owners of the	65740
obligations or assurances shall not be given the right and shall	65741
have no right to have excises or taxes levied by the general	65742
assembly for the payment of bond service charges thereon, and each	65743
such obligation or assurance shall bear on its face a statement to	65744
that effect and to the effect that the right to such payment is	65745
limited to the available receipts and special funds pledged to	65746
such purpose under the bond proceedings.	65747

All pledged available receipts and funds and the proceeds of	65748
obligations or assurances are trust funds and, subject to the	65749
provisions of this section and the applicable bond proceedings,	65750
shall be held, deposited, invested, reinvested, disbursed,	65751
applied, and used to such extent, in such manner, at such times,	65752
and for such purposes, as are provided in the bond proceedings.	65753

(D) The bond proceedings for obligations or assurances shall	65754
provide for the purpose thereof and the principal amount or	65755
maximum principal amount, and provide for or authorize the manner	65756
of determining the principal maturity or maturities, the sale	65757
price including any permitted discount, the interest rate or	65758
rates, which may be a variable rate or rates, or the maximum	65759
interest rate, the date of the obligations or assurances and the	65760
date or dates of payment of interest thereon, their denominations,	65761
the manner of sale thereof, and the establishment within or	65762
without the state of a place or places of payment of bond service	65763
charges. The bond proceedings also shall provide for a pledge of	65764
and lien on available receipts of the institution of higher	65765
education as provided in division (C) of this section, and a	65766
pledge of and lien on such fund or funds provided in the bond	65767
proceedings arising from available receipts, which pledges and	65768
liens may provide for parity with obligations or assurances	65769
theretofore or thereafter issued by the institution. The available	65770
receipts so pledged and thereafter received by the institution and	65771
the funds so pledged are immediately subject to the lien of such	65772
pledge without any physical delivery thereof or further act, and	65773
the lien of any such pledge is valid and binding against all	65774
parties having claims of any kind against the institution,	65775
irrespective of whether such parties have notice thereof, and	65776
shall create a perfected security interest for all purposes of	65777
Chapter 1309. of the Revised Code, without the necessity for	65778
separation or delivery of funds or for the filing or recording of	65779
the bond proceedings by which such pledge is created or any	65780
certificate, statement, or other document with respect thereto;	65781
and the pledge of such available receipts and funds shall be	65782
effective and the money therefrom and thereof may be applied to	65783
the purposes for which pledged without necessity for any act of	65784
appropriation.	65785

(E) The bond proceedings may contain additional provisions	65786
customary or appropriate to the financing or to the obligations or	65787
assurances or to particular obligations and assurances, including:	65788

(1) The acquisition, construction, reconstruction, equipment,	65789
furnishing, improvement, operation, alteration, enlargement,	65790
maintenance, insurance, and repair of facilities or	65791
entrepreneurial projects, and the duties of the institution of	65792
higher education with reference thereto;	65793

(2) The terms of the obligations or assurances, including	65794
provisions for their redemption prior to maturity at the option of	65795
the institution of higher education at such price or prices and	65796
under such terms and conditions as are provided in the bond	65797
proceedings;	65798

(3) Limitations on the purposes to which the proceeds of the	65799
obligations or assurances may be applied;	65800

(4) The rates or rentals or other charges for the use of or	65801
right to use the facilities or entrepreneurial projects financed	65802
by the obligations or assurances, or other properties the revenues	65803
or receipts from which are pledged to the obligations or	65804
assurances, and rules for assuring any applicable use and	65805
occupancy thereof, including limitations upon the right to modify	65806
such rates, rentals, other charges, or regulations;	65807

(5) The use and expenditure of the pledged available receipts	65808
in such manner and to such extent as shall be determined, which	65809
may include provision for the payment of the expenses of	65810
operation, maintenance, and repair of facilities or	65811
entrepreneurial projects so that such expenses, or part thereof,	65812
shall be paid or provided as a charge prior or subsequent to the	65813
payment of bond service charges and any other payments required to	65814
be made by the bond proceedings;	65815

(6) Limitations on the issuance of additional obligations or	65816
assurances;	65817

(7) The terms of any trust agreement or indenture securing	65818
the obligations or assurances or under which the same may be	65819
issued;	65820

(8) The deposit, investment, and application of funds, and	65821
the safeguarding of funds on hand or on deposit without regard to	65822
Chapter 131. or 135. of the Revised Code, and any bank or trust	65823
company or other financial institution that acts as depository of	65824
any moneys under the bond proceedings shall furnish such	65825
indemnifying bonds or pledge such securities as required by the	65826
bond proceedings or otherwise by the institution of higher	65827
education;	65828

(9) The binding effect of any or every provision of the bond	65829
proceedings upon such officer, board, commission, authority,	65830
agency, department, or other person or body as may from time to	65831
time have the authority under law to take such actions as may be	65832
necessary to perform all or any part of the duty required by such	65833
provision;	65834

(10) Any provision that may be made in a trust agreement or	65835
indenture;	65836

(11) Any other or additional agreements with respect to the	65837
facilities of the institution of higher education or its	65838
entrepreneurial projects, their operation, the available receipts	65839
and funds pledged, and insurance of facilities or entrepreneurial	65840
projects and of the institution, its officers and employees.	65841

(F) Such obligations or assurances may have the seal of the	65842
institution of higher education or a facsimile thereof affixed	65843
thereto or printed thereon and shall be executed by such officers	65844
as are designated in the bond proceedings, which execution may be	65845
by facsimile signatures. Any obligations or assurances may be	65846
executed by an officer who, on the date of execution, is the	65847
proper officer although on the date of such obligations or	65848
assurances such person was not the proper officer. In case any	65849
officer whose signature or a facsimile of whose signature appears	65850
on any such obligation or assurance ceases to be such officer	65851
before delivery thereof, such signature or facsimile is	65852
nevertheless valid and sufficient for all purposes as if the	65853
person had remained such officer until such delivery; and in case	65854
the seal of the institution has been changed after a facsimile of	65855
the seal has been imprinted on such obligations or assurances,	65856
such facsimile seal continues to be sufficient as to such	65857
obligations or assurances and obligations or assurances issued in	65858
substitution or exchange therefor.	65859

(G) All such obligations or assurances are negotiable	65860
instruments and securities under Chapter 1308. of the Revised	65861
Code, subject to the provisions of the bond proceedings as to	65862
registration. The obligations or assurances may be issued in	65863
coupon or in registered form, or both. Provision may be made for	65864
the registration of any obligations or assurances with coupons	65865
attached thereto as to principal alone or as to both principal and	65866
interest, their exchange for obligations or assurances so	65867
registered, and for the conversion or reconversion into	65868
obligations or assurances with coupons attached thereto of any	65869
obligations or assurances registered as to both principal and	65870
interest, and for reasonable charges for such registration,	65871
exchange, conversion, and reconversion.	65872

(H) Pending preparation of definitive obligations or	65873
assurances, the institution of higher education may issue interim	65874
receipts or certificates which shall be exchanged for such	65875
definitive obligations or assurances.	65876

(I) Such obligations or assurances may be secured	65877
additionally by a trust agreement or indenture between the	65878
institution of higher education and a corporate trustee, which may	65879
be any trust company or bank having the powers of a trust company	65880
within or without this state but authorized to exercise trust	65881
powers within this state. Any such agreement or indenture may	65882
contain the resolution authorizing the issuance of the obligations	65883
or assurances, any provisions that may be contained in the bond	65884
proceedings as authorized by this section, and other provisions	65885
which are customary or appropriate in an agreement or indenture of	65886
such type, including:	65887

(1) Maintenance of each pledge, trust agreement, and	65888
indenture, or other instrument comprising part of the bond	65889
proceedings until the institution of higher education has fully	65890
paid the bond service charges on the obligations or assurances	65891
secured thereby, or provision therefor has been made;	65892

(2) In the event of default in any payments required to be	65893
made by the bond proceedings, or any other agreement of the	65894
institution of higher education made as a part of the contract	65895
under which the obligations or assurances were issued, enforcement	65896
of such payments or agreement by mandamus, the appointment of a	65897
receiver, suit in equity, action at law, or any combination of the	65898
foregoing;	65899

(3) The rights and remedies of the holders of obligations or	65900
assurances and of the trustee, and provisions for protecting and	65901
enforcing them, including limitations on rights of individual	65902
holders of obligations or assurances;	65903

(4) The replacement of any obligations or assurances that	65904
become mutilated or are destroyed, lost, or stolen;	65905

(5) Such other provisions as the trustee and the institution	65906
of higher education agree upon, including limitations, conditions,	65907
or qualifications relating to any of the foregoing.	65908

(J) Each duty of the institution of higher education and its	65909
officers or employees, undertaken pursuant to the bond proceedings	65910
or any related agreement or lease made under authority of law, is	65911
hereby established as a duty of such institution, and of each such	65912
officer or employee having authority to perform such duty,	65913
specially enjoined by law resulting from an office, trust, or	65914
station within the meaning of section 2731.01 of the Revised Code.	65915
The persons who are at the time the members of the board of	65916
trustees or the managing directors of the institution or its	65917
officers or employees are not liable in their personal capacities	65918
on such obligations or assurances, or lease, or other agreement of	65919
the institution.	65920

(K) The authority to issue obligations or assurances includes	65921
authority to:	65922

(1) Issue obligations or assurances in the form of bond	65923
anticipation notes and to renew them from time to time by the	65924
issuance of new notes. Such notes are payable solely from the	65925
available receipts and funds that may be pledged to the payment of	65926
such bonds, or from the proceeds of such bonds or renewal notes,	65927
or both, as the institution of higher education provides in its	65928
resolution authorizing such notes. Such notes may be additionally	65929
secured by covenants of the institution to the effect that it will	65930
do such or all things necessary for the issuance of such bonds or	65931
renewal notes in appropriate amount, and either exchange such	65932
bonds or renewal notes therefor or apply the proceeds thereof to	65933
the extent necessary, to make full payment of the bond service	65934
charges on such notes at the time or times contemplated, as	65935
provided in such resolution. Subject to the provisions of this	65936
division, all references to obligations or assurances in this	65937
section apply to such anticipation notes.	65938

(2) Issue obligations or assurances to refund, including	65939
funding and retirement of, obligations or assurances previously	65940
issued to pay costs of facilities or entrepreneurial projects.	65941
Such obligations or assurances may be issued in amounts sufficient	65942
for payment of the principal amount of the obligations or	65943
assurances to be so refunded, any redemption premiums thereon,	65944
principal maturities of any obligations or assurances maturing	65945
prior to the redemption of any other obligations or assurances on	65946
a parity therewith to be so refunded, interest accrued or to	65947
accrue to the maturity date or dates of redemption of such	65948
obligations or assurances, and any expenses incurred or to be	65949
incurred in connection with such refunding or the issuance of the	65950
obligations or assurances.	65951

(L) Obligations and assurances are lawful investments for	65952
banks, societies for savings, savings and loan associations,	65953
deposit guarantee associations, trust companies, trustees,	65954
fiduciaries, insurance companies, including domestic for life and	65955
domestic not for life, trustees or other officers having charge of	65956
sinking and bond retirement or other special funds of political	65957
subdivisions and taxing districts of this state, the commissioners	65958
of the sinking fund, the administrator of workers' compensation in	65959
accordance with the investment policy approved by the bureau of	65960
workers' compensation board of directors pursuant to section	65961
4121.12 of the Revised Code, the state teachers retirement system,	65962
the public employees retirement system, the school employees	65963
retirement system, and the Ohio police and fire pension fund,	65964
notwithstanding any other provisions of the Revised Code or rules	65965
adopted pursuant thereto by any state agency with respect to	65966
investments by them, and are also acceptable as security for the	65967
deposit of public moneys.	65968

(M) All facilities or entrepreneurial projects purchased,	65969
acquired, constructed, or owned by an institution of higher	65970
education, or financed in whole or in part by obligations or	65971
assurances issued by an institution, and used for the purposes of	65972
the institution or other publicly owned and controlled college or	65973
university, is public property used exclusively for a public	65974
purpose, and such property and the income therefrom is exempt from	65975
all taxation and assessment within this state, including ad	65976
valorem and excise taxes. The obligations or assurances, the	65977
transfer thereof, and the income therefrom, including any profit	65978
made on the sale thereof, are at all times free from taxation	65979
within the state. The transfer of tangible personal property by	65980
lease under authority of this section or section 3345.07, 3345.11,	65981
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	65982
Code is not a sale as used in Chapter 5739. of the Revised Code.	65983

(N) The authority granted by this section is cumulative with	65984
the authority granted to institutions of higher education under	65985
Chapter 154. of the Revised Code, and nothing in this section	65986
impairs or limits the authority granted by Chapter 154. of the	65987
Revised Code. In any lease, agreement, or commitment made by an	65988
institution of higher education under Chapter 154. of the Revised	65989
Code, it may agree to restrict or subordinate any pledge it may	65990
thereafter make under authority of this section.	65991

(O) Title to lands acquired under this section and sections	65992
3345.07 and 3345.11 of the Revised Code by a state university or	65993
college shall be taken in the name of the state.	65994

(P) Except where costs of facilities or entrepreneurial	65995
projects are to be paid in whole or in part from funds	65996
appropriated by the general assembly, section 125.81 of the	65997
Revised Code and the requirement for certification with respect	65998
thereto under section 153.04 of the Revised Code do not apply to	65999
such facilities or entrepreneurial projects.	66000

(Q) A state university or college may sell or lease lands or	66001
interests in land owned by it or by the state for its use, or	66002
facilities authorized to be acquired or constructed by it under	66003
section 3345.07 or 3345.11 of the Revised Code, to permit the	66004
purchasers or lessees thereof to acquire, construct, equip,	66005
furnish, reconstruct, alter, enlarge, remodel, renovate,	66006
rehabilitate, improve, maintain, repair, or maintain and operate	66007
thereon and to provide by lease or otherwise to such institution,	66008
facilities authorized in section 3345.07 or 3345.11 of the Revised	66009
Code or entrepreneurial projects authorized under section 3345.36	66010
of the Revised Code. Such land or interests therein shall be sold	66011
for such appraised value, or leased, and on such terms as the	66012
board of trustees determines. All deeds or other instruments	66013
relating to such sales or leases shall be executed by such officer	66014
of the state university or college as the board of trustees	66015
designates. The state university or college shall hold, invest, or	66016
use the proceeds of such sales or leases for the same purposes for	66017
which proceeds of borrowings may be used under sections 3345.07	66018
and 3345.11 of the Revised Code or, if the proceeds relate to the	66019
sale or lease of entrepreneurial projects, for purposes of section	66020
3345.36 of the Revised Code.	66021

(R) An institution of higher education may pledge available	66022
receipts, to the extent permitted by division (C) of this section	66023
with respect to obligations, to secure the payments to be made by	66024
it under any lease, lease with option to purchase, or	66025
lease-purchase agreement authorized under this section or section	66026
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	66027
3358.10 of the Revised Code.	66028

Sec. 3345.48. (A) As used in this section:

66029

(1) "Cohort" means a group of students who will complete	66030
their bachelor's degree requirements and graduate from a state	66031
university at the same time. A cohort may include transfer	66032
students and other selected undergraduate student academic	66033
programs as determined by the board of trustees of a state	66034
university.	66035

(2) "Eligible student" means an undergraduate student who:

66036

(a) Is enrolled full-time in a bachelor's degree program at a	66037
state university;	66038

(b) Is a resident of this state, as defined by the chancellor	66039
of the Ohio board of regents under section 3333.31 of the Revised	66040
Code.	66041

(3) "State university" has the same meaning as in section	66042
3345.011 of the Revised Code.	66043

(B) The board of trustees of a state university may establish	66044
an undergraduate tuition guarantee program that allows eligible	66045
students in the same cohort to pay a fixed rate for general and	66046
instructional fees for four years. A board of trustees may include	66047
room and board and any additional fees in the program.	66048

If the board of trustees chooses to establish such a program,	66049
the board shall adopt rules for the program that include, but are	66050
not limited to, all of the following:	66051

(1) The number of credit hours required to earn an	66052
undergraduate degree in each major;	66053

(2) A guarantee that the general and instructional fees for	66054
each student in the cohort shall remain constant for four years so	66055
long as the student complies with the requirements of the program,	66056
except that, notwithstanding any law to the contrary, the board	66057
may increase the guaranteed amount by up to six per cent above	66058
what has been charged in the previous academic year one time for	66059
the first cohort enrolled under the tuition guarantee program. If	66060
the board of trustees determines that economic conditions or other	66061
circumstances require an increase for the first cohort of above	66062
six per cent, the board shall submit a request to increase the	66063
amount by a specified percentage to the chancellor. The	66064
chancellor, based on information the chancellor requires from the	66065
board of trustees, shall approve or disapprove such a request.	66066
Thereafter, the board of trustees may increase the guaranteed	66067
amount by up to the sum of the following above what has been	66068
charged in the previous academic year one time per subsequent	66069
cohort:	66070

(a) The average rate of inflation, as measured by the	66071
consumer price index prepared by the bureau of labor statistics of	66072
the United States department of labor (all urban consumers, all	66073
items), for the previous sixty-month period; and	66074

(b) The percentage amount the general assembly restrains	66075
increases on in-state undergraduate instructional and general fees	66076
for the applicable fiscal year. If the general assembly does not	66077
enact a limit on the increase of in-state undergraduate	66078
instructional and general fees, then no limit shall apply under	66079
this division for the cohort that first enrolls in any academic	66080
year for which the general assembly does not prescribe a limit.	66081

If, beginning with the academic year that starts four years	66082
after the effective date of this section, the board of trustees	66083
determines that the general and instructional fees charged under	66084
the tuition guarantee have fallen significantly lower than those	66085
of other state universities, the board of trustees may submit a	66086
request to increase the amount charged to a cohort by a specified	66087
percentage to the chancellor, who shall approve or disapprove such	66088
a request.	66089

(3) A benchmark by which the board sets annual increases in	66090
general and instructional fees. This benchmark and any subsequent	66091
change to the benchmark shall be subject to approval of the	66092
chancellor.	66093

(4) Eligibility requirements for students to participate in	66094
the program;	66095

(5) Student rights and privileges under the program;

66096

(6) Consequences to the university for students unable to	66097
complete a degree program within four years, as follows:	66098

(a) For a student who could not complete the program in four	66099
years due to a lack of available classes or space in classes	66100
provided by the university, the university shall provide the	66101
necessary course or courses for completion to the student free of	66102
charge.	66103

(b) For a student who could not complete the program in four	66104
years due to military service or other circumstances beyond a	66105
student's control, as determined by the board of trustees, the	66106
university shall provide the necessary course or courses for	66107
completion to the student at the student's initial cohort rate.	66108

(c) For a student who did not complete the program in four	66109
years for any other reason, as determined by the board of	66110
trustees, the university shall provide the necessary course or	66111
courses for completion to the student at a rate determined through	66112
a method established by the board under division (B)(7) of this	66113
section.	66114

(7) Guidelines for adjusting a student's annual charges if	66115
the student, due to circumstances under the student's control, is	66116
unable to complete a degree program within four years;	66117

(8) A requirement that the rules adopted under division (B)	66118
of this section be published or posted in the university handbook,	66119
course catalog, and web site.	66120

(C) If a board of trustees implements a program under this	66121
section, the board shall submit the rules adopted under division	66122
(B) of this section to the chancellor for approval before	66123
beginning implementation of the program.	66124

The chancellor shall not unreasonably withhold approval of a	66125
program if the program conforms in principle with the parameters	66126
and guidelines of this section.	66127

(D) A board of trustees of a state university may establish	66128
an undergraduate tuition guarantee program for nonresident	66129
students.	66130

(E) Within five years after the effective date of this	66131
section, the chancellor shall publish on the board of regents web	66132
site a report that includes all of the following:	66133

(1) The state universities that have adopted an undergraduate	66134
tuition guarantee program under this section;	66135

(2) The details of each undergraduate tuition guarantee	66136
program established under this section;	66137

(3) Comparative data, including general and instructional	66138
fees, room and board, graduation rates, and retention rates, from	66139
all state universities.	66140

Sec. 3345.81. Not later than June 30, 2014, the board of	66141
trustees of each institution of higher education, as defined by	66142
section 3345.12 of the Revised Code, shall adopt an	66143
institution-specific strategic completion plan designed to	66144
increase the number of degrees and certificates awarded to	66145
students. The plan shall be consistent with the mission and	66146
strategic priorities of the institution, include measureable	66147
student completion goals, and align with the state's workforce	66148
development priorities. Upon adoption by the board of trustees,	66149
each institution of higher education shall provide a copy of its	66150
plan to the chancellor of the Ohio board of regents.	66151

The board of trustees of each institution of higher education	66152
shall update its plan at least once every two years and provide a	66153
copy of their updated plan to the chancellor upon adoption.	66154

Sec. 3350.15. The northeast Ohio medical university may enter	66155
into a partnership with Cleveland state university to establish	66156
the northeast Ohio medical university academic campus at Cleveland	66157
state university, to enable fifty per cent or more of the medical	66158
curriculum taught to students enrolled under this partnership to	66159
be based in Cleveland at Cleveland state university, local	66160
hospitals, and community- and neighborhood-based primary care	66161
clinics. Cleveland state university shall not receive state	66162
capital appropriations to pay for facilities for the academic	66163
campus.	66164

Sec. 3353.01. As used in this chapter:

66165

(A) "Educational television or radio" means television or	66166
radio programs which serve the educational needs of the community	66167
and which meet the requirements of the federal communications	66168
commission for noncommercial educational television or radio.	66169

(B) "Educational telecommunications network" means a system	66170
of connected educational television, radio, or radio reading	66171
service facilities and coordinated programs established and	66172
operated or controlled by the ~~eTech Ohio~~broadcast educational	66173
media commission, pursuant to this chapter.	66174

(C) "Transmission" means the sending out of television,	66175
radio, or radio reading service programs, either directly to the	66176
public, or to broadcasting stations or services for simultaneous	66177
broadcast or rebroadcast.	66178

(D) "Transmission facilities" means structures, equipment,	66179
material, and services used in the transmission of educational	66180
television, radio, or radio reading service programs.	66181

(E) "Interconnection facilities" means the equipment,	66182
material, and services used to link one location to another	66183
location or to several locations by means of telephone line,	66184
coaxial cable, microwave relays, or other available technologies.	66185

(F) "Broadcasting station" means a properly licensed	66186
noncommercial educational television or radio station,	66187
appropriately staffed and equipped to produce programs or lessons	66188
and to broadcast programs.	66189

(G) "Radio reading service" means a nonprofit organization	66190
that disseminates news and other information to blind and	66191
physically handicapped persons.	66192

(H) "Affiliate" means an educational telecommunication	66193
entity, including a television or radio broadcasting station or	66194
radio reading service.	66195

Sec. 3353.02. (A) There is hereby created the ~~eTech Ohio~~	66196
broadcast educational media commission as an independent agency to	66197
advance education and accelerate the learning of the citizens of	66198
this state through ~~technology~~public educational broadcasting	66199
services. The commission shall provide leadership and support in	66200
extending the knowledge of the citizens of this state by promoting	66201
access to and use of ~~all forms of~~ educational ~~technology~~	66202
broadcasting services, including educational television and radio,	66203
and radio reading services~~, broadband networks, videotapes,~~	66204
~~compact discs, digital video on demand (DVD), and the internet~~.	66205
The commission also shall administer programs to provide financial	66206
and other assistance to ~~school districts and other educational~~	66207
~~institutions for the acquisition and utilization of~~ educational	66208
~~technology~~television and radio and radio reading services.	66209

The commission is a body corporate and politic, an agency of	66210
the state performing essential governmental functions of the	66211
state.	66212

(B) The commission shall consist of ~~thirteen~~fifteen members,	66213
~~nine~~eleven of whom shall be voting members. ~~Six~~Nine of the	66214
voting members shall be representatives of the public selected	66215
from among leading citizens in the state who have demonstrated	66216
interest in educational broadcast media through service on boards	66217
or advisory councils of educational television stations,	66218
educational radio stations, educational technology agencies, or	66219
radio reading services. Of the representatives of the public, ~~four~~	66220
three shall be appointed by the governor with the advice and	66221
consent of the senate, ~~one~~three shall be appointed by the speaker	66222
of the house of representatives, and ~~one~~three shall be appointed	66223
by the president of the senate. Not more than two members	66224
appointed by the speaker of the house of representatives and not	66225
more than two members appointed by the president of the senate	66226
shall be of the same political party. The superintendent of public	66227
instruction or a designee of the superintendent,and the	66228
chancellor of the Ohio board of regents or a designee of the	66229
chancellor~~, and the state chief information officer or a designee~~	66230
~~of the officer~~ shall be ex officio voting members. Of the	66231
nonvoting members, two shall be members of the house of	66232
representatives appointed by the speaker of the house of	66233
representatives and two shall be members of the senate appointed	66234
by the president of the senate. The members appointed from each	66235
chamber shall not be members of the same political party.	66236

(C) Initial terms of office for appointed voting members	66237
~~appointed by the governor~~ shall be ~~one year for~~as follows:	66238

(1) For one member~~, two years for one member, three years for~~	66239
~~one member, and four years for one member~~appointed by each of the	66240
governor, speaker of the house of representatives, and president	66241
of the senate, one year;	66242

(2) For one member appointed by each of the governor, speaker	66243
of the house of representatives, and president of the senate, two	66244
years;	66245

(3) For one member appointed by each of the governor, speaker	66246
of the house of representatives, and president of the senate,	66247
three years. At the first meeting of the commission, such members	66248
~~appointed by the governor~~ shall draw lots to determine the length	66249
of the term each member will serve. Thereafter, terms of office	66250
for such members ~~appointed by the governor~~ shall be for four	66251
years. ~~Terms of office for voting members appointed by the speaker~~	66252
~~of the house of representatives and the president of the senate~~	66253
~~shall be for four years.~~ Any member who is a representative of the	66254
public may be reappointed by the member's respective appointing	66255
authority, but no such member may serve more than two consecutive	66256
four-year terms. Such a member may be removed by the member's	66257
respective appointing authority for cause.	66258

Any legislative member appointed by the speaker of the house	66259
of representatives or the president of the senate who ceases to be	66260
a member of the legislative chamber from which the member was	66261
appointed shall cease to be a member of the commission. The	66262
speaker of the house of representatives and the president of the	66263
senate may remove their respective appointments to the commission	66264
at any time.	66265

(D) Vacancies among appointed members shall be filled in the	66266
manner provided for original appointments. Any member appointed to	66267
fill a vacancy occurring prior to the expiration of the term for	66268
which the member's predecessor was appointed shall hold office for	66269
the remainder of that term. Any appointed member shall continue in	66270
office subsequent to the expiration of that member's term until	66271
the member's successor takes office or until a period of sixty	66272
days has elapsed, whichever occurs first.	66273

(E) Members of the commission shall serve without	66274
compensation. The members who are representatives of the public	66275
shall be reimbursed, pursuant to office of budget and management	66276
guidelines, for actual and necessary expenses incurred in the	66277
performance of official duties.	66278

(F) The governor shall appoint the chairperson of the	66279
commission from among the commission's public voting members. The	66280
chairperson shall serve a term of two years and may be	66281
reappointed. The commission shall elect other officers as	66282
necessary from among its voting members and shall prescribe its	66283
rules of procedure.	66284

~~(G) The commission shall establish advisory groups as needed~~	66285
~~to address topics of interest and to provide guidance to the~~	66286
~~commission regarding educational technology issues and the~~	66287
~~technology~~ needs of educators, learners, and the public. Members	66288
of each advisory group shall be appointed by the commission and	66289
shall include representatives of individuals or organizations with	66290
an interest in the topic addressed by the advisory group.	66291

Sec. 3353.03. (A) The ~~eTech Ohio~~broadcast educational media	66292
commission shall appoint an executive director, who shall serve at	66293
the pleasure of the commission. The executive director shall have	66294
no authority other than that provided by law or delegated to the	66295
executive director by the commission. The executive director shall	66296
do all of the following:	66297

(1) Direct ~~commission employees in~~ the administration of all	66298
programs of the commission;	66299

(2) Provide leadership and support in extending the knowledge	66300
of the citizens of this state by promoting equal access to and use	66301
of ~~all forms of~~ educational ~~technology~~broadcast media, as	66302
directed by the commission;	66303

(3) Provide financial and other assistance to ~~school~~	66304
~~districts,~~ educational television and radio stations, radio	66305
reading services, ~~educational technology organizations, and other~~	66306
~~educational institutions for the acquisition and utilization of~~	66307
~~educational technology~~and related organizations and activities;	66308

(4) Implement policies and directives issued by the	66309
commission;	66310

(5) Perform other duties authorized by the commission.

66311

(B) The commission shall fix the compensation of the	66312
executive director. The executive director shall employ and fix	66313
the compensation for such employees as necessary to facilitate the	66314
activities and purposes of the commission. The employees shall	66315
serve at the pleasure of the executive director.	66316

(C) The employees of the commission shall be placed in the	66317
unclassified service.	66318

(D)(1) Except as provided in division (D)(2) of this section,	66319
the employees of the commission shall be exempt from Chapter 4117.	66320
of the Revised Code and shall not be public employees as defined	66321
in section 4117.01 of the Revised Code.	66322

(2) All employees of the commission who transferred to the	66323
commission from one of the commission's predecessor agencies upon	66324
the commission's creation and, when employed by the predecessor	66325
agency were included in a bargaining unit established under	66326
Chapter 4117. of the Revised Code, shall continue to be included	66327
in that bargaining unit, are public employees as defined in	66328
section 4117.01 of the Revised Code, and may collectively bargain	66329
with the commission in accordance with that chapter. Otherwise,	66330
any employee hired by the commission after July 1, 2005, either to	66331
fill vacancies or to fill new positions, shall be exempt from	66332
Chapter 4117. of the Revised Code and shall not be public	66333
employees as defined in section 4117.10 of the Revised Code.	66334

Sec. 3353.04. (A) The ~~eTech Ohio~~broadcast educational media	66335
commission may perform any act necessary to carry out the	66336
functions of this chapter, including any of the following:	66337

(1) ~~Make grants to institutions and other organizations as~~	66338
~~prescribed by the general assembly for the provision of technical~~	66339
~~assistance, professional development, and other support services~~	66340
~~to enable school districts, community schools established under~~	66341
~~Chapter 3314. of the Revised Code, other educational institutions,~~	66342
~~and affiliates to utilize educational technology;~~	66343

~~(2) Establish a reporting system for school districts,~~	66344
~~community schools, other educational institutions, affiliates, and~~	66345
~~educational technology organizations that receive financial~~	66346
~~assistance from the commission. The system may require the~~	66347
~~reporting of information regarding the manner in which the~~	66348
~~assistance was expended, the manner in which the equipment or~~	66349
~~services purchased with the assistance is being utilized, the~~	66350
~~results or outcome of the utilization, the manner in which the~~	66351
~~utilization is compatible with the statewide academic standards~~	66352
~~adopted by the state board of education pursuant to section~~	66353
~~3301.079 of the Revised Code, and any other information determined~~	66354
~~by the commission.~~	66355

~~(3) Ensure that, where appropriate, products produced by any~~	66356
~~entity to which the commission provides financial assistance for~~	66357
~~use in elementary and secondary education are aligned with the~~	66358
~~statewide academic standards adopted by the state board pursuant~~	66359
~~to section 3301.079 of the Revised Code;~~	66360

~~(4)~~ Promote accessibility tothrough broadcasting services of	66361
educational products aligned with the statewide academic	66362
standards, adopted by the state board pursuant to section 3301.079	66363
of the Revised Code, for school districts, community schools, and	66364
other entities serving grades kindergarten through twelve;	66365

~~(5)~~(2) Own or operate transmission facilities and	66366
interconnection facilities, or contract for transmission	66367
facilities and interconnection facilities, for an educational	66368
television, radio, or radio reading service network;	66369

~~(6)~~(3) Establish standards for interconnection facilities	66370
used by the commission in the transmission of educational	66371
television, radio, or radio reading service programming;	66372

~~(7)~~(4) Enter into agreements with noncommercial educational	66373
television or radio broadcasting stations or radio reading	66374
services for the operation of the interconnection;	66375

~~(8)~~(5) Enter into agreements with noncommercial educational	66376
television or radio broadcasting stations or radio reading	66377
services for the production and use of educational television,	66378
radio, or radio reading service programs to be transmitted by the	66379
educational telecommunications network;	66380

~~(9)~~(6) Execute contracts and other agreements necessary and	66381
desirable to carry out the purposes of this chapter and other	66382
duties prescribed to the commission by law or authorize the	66383
executive director of the commission to execute such contracts and	66384
agreements on the commission's behalf;	66385

~~(10)~~(7) Act as consultant with educational television and	66386
educational radio stations and radio reading services toward	66387
coordination within the state of the distribution of federal funds	66388
that may become available for equipment for educational	66389
broadcasting or radio reading services;	66390

~~(11)~~(8) Make payments to noncommercial Ohio educational	66391
television or radio broadcasting stations or radio reading	66392
services to sustain the operation of such stations or services;	66393

~~(12)~~(9) In consultation with participants in programs	66394
administered by the commission, establish guidelines governing	66395
purchasing and procurement that facilitate the timely and	66396
effective implementation of such programs;	66397

~~(13)~~(10) In consultation with participants in programs	66398
administered by the commission, consider the efficiency and cost	66399
savings of statewide procurement prior to allocating and releasing	66400
funds for such programs;	66401

~~(14)~~(11) In consultation with participants in programs	66402
administered by the commission, establish a systems support	66403
network to facilitate the timely implementation of the programs	66404
and other projects and activities for which the commission	66405
provides assistance.	66406

(B) Chapters 123., 124., 125., and 153. of the Revised Code	66407
and sections 9.331 to 9.335 of the Revised Code do not apply to	66408
contracts, programs, projects, or activities of the commission.	66409

Sec. 3353.06. (A) The affiliates services fund is hereby	66410
created in the state treasury. The ~~eTech Ohio~~broadcast	66411
educational media commission shall deposit any money it receives	66412
for services provided to affiliates to the credit of the fund,	66413
including:	66414

(1) Reimbursements for services provided to stations;

66415

(2) Charges levied for maintenance of telecommunications,	66416
broadcasting, or transmission equipment;	66417

(3) Contract or grant payments from affiliates.

66418

(B) The commission shall use money credited to the affiliates	66419
services fund for any commission operating purposes, including:	66420

(1) The purchase, repair, or maintenance of	66421
telecommunications, broadcasting, or transmission equipment;	66422

(2) The purchase or lease of educational programming;

66423

(3) The purchase of tape and digital media storage and	66424
maintenance of a media library;	66425

(4) ~~Professional development programs and services;~~

66426

~~(5)~~ Administrative expenses.

66427

Sec. 3353.07. (A) There is hereby created the Ohio	66428
government telecommunications service. The Ohio government	66429
telecommunications service shall provide the state government and	66430
affiliated organizations with multimedia support including audio,	66431
visual, and internet services, multimedia streaming, and hosting	66432
multimedia programs.	66433

Services relating to the official activities of the general	66434
assembly and the executive offices provided by the Ohio government	66435
telecommunications service shall be funded through grants to a	66436
~~public~~an educational television broadcasting station that will	66437
manage the staff and provide the services of the Ohio government	66438
telecommunications service. The Ohio educational television	66439
stations shall select a member station to manage the Ohio	66440
government telecommunications service. The Ohio government	66441
telecommunications service shall receive grants from, or contract	66442
with, any of the three branches of Ohio government, and their	66443
affiliates, to provide additional services. Services provided by	66444
the Ohio government telecommunications service shall not be used	66445
for political purposes included in campaign materials, or	66446
otherwise used to influence an election, legislation, issue,	66447
judicial decision, or other policy of state government.	66448

(B)(1) There is hereby created the legislative programming	66449
committee of the Ohio government telecommunications service that	66450
shall consist of the president of the senate, speaker of the house	66451
of representatives, minority leader of the senate, and minority	66452
leader of the house of representatives, or their designees, and	66453
the clerks of the senate and house of representatives as	66454
nonvoting, ex officio members. By a vote of a majority of its	66455
members, the program committee may add additional members to the	66456
committee.	66457

(2) The legislative programming committee shall adopt rules	66458
that govern the operation of the Ohio government	66459
telecommunications service relating to the general assembly and	66460
any affiliated organizations.	66461

Sec. 3365.01. As used in this chapter:

66462

(A) "College" means any state-assisted college or university	66463
described in section 3333.041 of the Revised Code, any nonprofit	66464
institution holding a certificate of authorization pursuant to	66465
Chapter 1713. of the Revised Code, any private institution exempt	66466
from regulation under Chapter 3332. of the Revised Code as	66467
prescribed in section 3333.046 of the Revised Code, and any	66468
institution holding a certificate of registration from the state	66469
board of career colleges and schools and program authorization for	66470
an associate or bachelor's degree program issued under section	66471
3332.05 of the Revised Code.	66472

(B) "School district," except as specified in division (G) of	66473
this section, means any school district to which a student is	66474
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	66475
the Revised Code and does not include a joint vocational or	66476
cooperative education school district.	66477

(C) "Parent" has the same meaning as in section 3313.64 of	66478
the Revised Code.	66479

(D) "Participant" means a student enrolled in a college under	66480
the post-secondary enrollment options program established by this	66481
chapter, including a student who has been excused from the	66482
compulsory attendance law for the purpose of home instruction	66483
under section 3321.04 of the Revised Code.	66484

(E) "Secondary grade" means the ninth through twelfth grades.

66485

(F) "School foundation payments" means the amount required to	66486
be paid to a school district for a fiscal year under Chapter 3317.	66487
of the Revised Code.	66488

(G) "Tuition base" means~~, with respect to a participant's~~	66489
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	66490
~~amount of the base funding supplements~~ specified in ~~divisions~~	66491
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	66492
the applicable fiscal year ~~2009~~.	66493

~~The participant's "school district" in the case of a~~	66494
~~participant enrolled in a community school shall be the school~~	66495
~~district in which the student is entitled to attend school under~~	66496
~~section 3313.64 or 3313.65 of the Revised Code.~~	66497

(H) "Educational program" means enrollment in one or more	66498
school districts, in a nonpublic school, or in a college under	66499
division (B) of section 3365.04 of the Revised Code.	66500

(I) "Nonpublic school" means a chartered or nonchartered	66501
school for which minimum standards are prescribed by the state	66502
board of education pursuant to division (D) of section 3301.07 of	66503
the Revised Code.	66504

(J) "School year" means the year beginning on the first day	66505
of July and ending on the thirtieth day of June.	66506

(K) "Community school" means any school established pursuant	66507
to Chapter 3314. of the Revised Code that includes secondary	66508
grades.	66509

(L) "STEM school" means a science, technology, engineering,	66510
and mathematics school established under Chapter 3326. of the	66511
Revised Code.	66512

Sec. 3365.02. There is hereby established the post-secondary	66513
enrollment options program under which a secondary grade student	66514
who is a resident of this state may enroll at a college, on a	66515
full- or part-time basis, and complete nonsectarian courses for	66516
high school and college credit.	66517

Secondary grade students in a nonpublic school may	66518
participate in the post-secondary enrollment options program if	66519
the chief administrator of such school notifies the department of	66520
education by the first day of April prior to the school year in	66521
which the school's students will participate.	66522

The state board of education, after consulting with the board	66523
of regents, shall adopt rules governing the program. The rules	66524
shall include:	66525

(A) Requirements for school districts, community schools, or	66526
participating nonpublic schools to provide information about the	66527
program prior to the first day of March of each year to all	66528
students enrolled in grades eight through eleven;	66529

(B) A requirement that a student or the student's parent	66530
inform the district board of education, the governing authority of	66531
a community school, the STEM school chief administrative officer,	66532
or the nonpublic school administrator by the thirtieth day of	66533
March of the student's intent to participate in the program during	66534
the following school year. The rule shall provide that any student	66535
who fails to provide the notification by the required date may not	66536
participate in the program during the following school year	66537
without the written consent of the district superintendent, the	66538
governing authority of a community school, the STEM school chief	66539
administrative officer, or the nonpublic school administrator.	66540

(C) Requirements that school districts, community schools,	66541
and STEM schools provide counseling services to students in grades	66542
eight through eleven and to their parents before the students	66543
participate in the program under this chapter to ensure that	66544
students and parents are fully aware of the possible risks and	66545
consequences of participation. Counseling information shall	66546
include without limitation:	66547

(1) Program eligibility;

66548

(2) The process for granting academic credits;

66549

(3) Financial arrangements for tuition, books, materials, and	66550
fees;	66551

(4) Criteria for any transportation aid;

66552

(5) Available support services;

66553

(6) Scheduling;

66554

(7) The consequences of failing or not completing a course in	66555
which the student enrolls and the effect of the grade attained in	66556
the course being included in the student's grade point average, if	66557
applicable;	66558

(8) The effect of program participation on the student's	66559
ability to complete the district's or school's graduation	66560
requirements;	66561

(9) The academic and social responsibilities of students and	66562
parents under the program;	66563

(10) Information about and encouragement to use the	66564
counseling services of the college in which the student intends to	66565
enroll.	66566

(11) A list of all institutions of higher education that	66567
currently participate in the program or in another dual enrollment	66568
program, as defined in section 3313.6013 of the Revised Code,	66569
compiled and distributed by the department of education pursuant	66570
to division (G) of this section.	66571

(D) A requirement that the student and the student's parent	66572
sign a form, provided by the school district or school, stating	66573
that they have received the counseling required by division (C) of	66574
this section and that they understand the responsibilities they	66575
must assume in the program;	66576

(E) The options required by section 3365.04 of the Revised	66577
Code;	66578

(F) ~~A requirement that a student may not enroll in any~~	66579
~~specific college course through the program if the student has~~	66580
~~taken high school courses in the same subject area as that college~~	66581
~~course and has failed to attain a cumulative grade point average~~	66582
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	66583
~~completed high school courses~~A requirement that student	66584
participation in the program be based solely on a participating	66585
college's established placement standards for college-level	66586
courses for which credit is awarded.	66587

(G) A requirement that the department of education annually	66588
compile a list of all institutions of higher education that	66589
currently participate in the program or in another dual enrollment	66590
program as defined in section 3313.6013 of the Revised Code and,	66591
not later than the thirty-first day of December of each school	66592
year, distribute this list to all school districts, community	66593
schools, STEM schools, and chartered nonpublic schools in the	66594
state.	66595

Sec. 3365.021. The chief administrator of any nonpublic	66596
school notifying the department of education that students of the	66597
school will participate in the post-secondary enrollment options	66598
program shall provide counseling to students in grades eight	66599
through eleven and to their parents before the students	66600
participate in the program to ensure that students and parents are	66601
fully aware of the possible risks and consequences of	66602
participation. Such counseling shall include explaining the fact	66603
that funding may be limited and that not all students who wish to	66604
participate may be able to do so.	66605

The chief administrator also shall provide students and	66606
parents with a list of all institutions of higher education that	66607
currently participate in the program or in another dual enrollment	66608
program as defined in section 3313.6013 of the Revised Code,	66609
compiled and distributed by the department of education pursuant	66610
to division (G) of section 3365.02 of the Revised Code.	66611

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	66612
been excused from the compulsory attendance law for the purpose of	66613
home instruction under section 3321.04 of the Revised Code, and is	66614
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	66615
participate in the post-secondary enrollment options program	66616
established under this chapter.	66617

(B)(1) If a student meets the criteria established in	66618
division (A) of this section and wishes to participate in the	66619
post-secondary enrollment options program, the parent or guardian	66620
of that student shall notify the department of education by the	66621
first day of April prior to the school year in which the student	66622
wishes to participate.	66623

(2) For the 2013-2014 school year, the department may accept	66624
applications at a later date if that student wishes to participate	66625
in the program during the 2013-2014 school year.	66626

(C) Pursuant to rules adopted by the state board of education	66627
under section 3365.02 of the Revised Code, payments to a	66628
participating college, in which home-instructed students enrolled	66629
pursuant to this section, shall be made in the same manner as	66630
payments made for participating students from nonpublic secondary	66631
schools, pursuant to section 3365.07 of the Revised Code.	66632

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	66633
the Revised Code shall specify a method for each of the following:	66634

(1) Determining, with respect to any participant, the	66635
percentage of a full-time educational program constituted by the	66636
participant's total educational program. That percentage shall be	66637
the participant's full-time equivalency percentage for purposes of	66638
the computation required by division (B)(1) of this section.	66639

(2) In the case of a participant who is not enrolled in a	66640
participating nonpublic school, determining the percentage of a	66641
participant's school day during which the participant is	66642
participating in each of the following:	66643

(a) Programs provided by the city, local, or exempted village	66644
school district, a community school, or a STEM school;	66645

(b) Programs provided by a joint vocational school district;

66646

(c) Programs provided by a college under division (B) of	66647
section 3365.04 of the Revised Code.	66648

The sum of divisions (A)(2)(a) to (c) of this section shall equal	66649
one hundred per cent.	66650

(3) In the case of a participant who is not enrolled in a	66651
participating nonpublic school, determining the percentage of a	66652
participant's enrollment that shall be deemed to be enrollment in	66653
a joint vocational school district and the percentage that shall	66654
be deemed to be enrollment in a city, local, or exempted village	66655
school district. The sum of such percentages shall equal one	66656
hundred per cent.	66657

(4) In the case of a participant who is enrolled in a	66658
participating nonpublic school, determining the percentage of a	66659
participant's school day during which the participant is	66660
participating in programs provided by a college under division (B)	66661
of section 3365.04 of the Revised Code.	66662

(B) Each July, unless provided otherwise in an alternative	66663
funding agreement entered into under rules adopted under section	66664
3365.12 of the Revised Code, the department of education shall pay	66665
each college for any participant enrolled in the college in the	66666
prior school year under division (B) of section 3365.04 of the	66667
Revised Code an amount computed as follows:	66668

(1) Multiply the tuition base by the participant's full-time	66669
equivalency percentage and multiply the resulting amount by a	66670
percentage equal to the percentage of the participant's school day	66671
apportioned to the college under division (A)(2)(c) or (4) of this	66672
section, as applicable.	66673

(2) Pay the college the lesser of:

66674

(a) The amount computed under division (B)(1) of this	66675
section;	66676

(b) The actual costs that would have been the responsibility	66677
of the participant had the participant elected to enroll under	66678
division (A) of section 3365.04 of the Revised Code, as verified	66679
by the department, of tuition, textbooks, materials, and fees	66680
directly related to any courses elected by the participant during	66681
the prior school year under division (B) of section 3365.04 of the	66682
Revised Code.	66683

(C) The department shall not reimburse ~~any~~a college for any	66684
of the following:	66685

(1) A college course taken by a participant under division	66686
(A) of section 3365.04 of the Revised Code;	66687

(2) A remedial college course taken by a participant.

66688

(D) If the participant was not enrolled in a participating	66689
nonpublic school, the amount paid under division (B) of this	66690
section for each participant shall be subtracted from the school	66691
foundation payments made to the participant's school district or,	66692
if the participant was enrolled in a community school or a STEM	66693
school, from the payments made to the participant's school under	66694
section 3314.08 or 3326.33 of the Revised Code. If the participant	66695
was enrolled in a joint vocational school district, a portion of	66696
the amount shall be subtracted from the payments to the joint	66697
vocational school district and a portion shall be subtracted from	66698
the payments to the participant's city, local, or exempted village	66699
school district. The amount of the payment subtracted from the	66700
city, local, or exempted village school district shall be computed	66701
as follows:	66702

(1) Add the following:

66703

(a) The percentage of the participant's enrollment in the	66704
school district, determined under division (A)(3) of this section;	66705
and	66706

(b) Twenty-five per cent times the percentage of the	66707
participant's enrollment in the joint vocational school district,	66708
determined under division (A)(3) of this section.	66709

(2) Multiply the sum obtained under division (D)(1) of this	66710
section by the amount computed under division (B)(2) of this	66711
section.	66712

The balance of the payment shall be subtracted from the joint	66713
vocational district's school foundation payments.	66714

(E) If the participant was enrolled in a participating	66715
nonpublic school, the amount paid under division (B) of this	66716
section shall be subtracted from moneys set aside by the general	66717
assembly for such purpose from funds appropriated for the purposes	66718
of section 3317.06 of the Revised Code.	66719

Sec. 3365.12. The superintendent of public instruction and	66720
the chancellor of the Ohio board of regents jointly may adopt	66721
rules in accordance with Chapter 119. of the Revised Code	66722
permitting a board of education of a school district or joint	66723
vocational school district, governing authority of a community	66724
school, governing body of a STEM school, or governing authority of	66725
a participating nonpublic school to enter into an agreement with a	66726
college or university to use an alternate funding formula to	66727
calculate, or an alternate method to transmit, the amount the	66728
college or university would be paid for a student participating in	66729
a program under this chapter, including the program known as	66730
seniors to sophomores.	66731

Rules adopted under this section may include, but need not be	66732
limited to, any of the following alternative funding options:	66733

(A) Direct payment of funds necessary to support students	66734
participating in a program under this chapter, including the	66735
seniors to sophomores program, by the school district, joint	66736
vocational school district, community school, STEM school, or any	66737
combination thereof, to the college or university in which the	66738
student enrolled;	66739

(B) Alternate funding formulas to calculate the amount of	66740
money to be paid to colleges for participants;	66741

(C) A negotiated amount to be paid, as agreed by the school	66742
district, joint vocational school district, community school, or	66743
STEM school and the college or university.	66744

Rules adopted under this section shall prohibit any	66745
alternative funding option to include charging a student	66746
participating in the program under this chapter any tuition or	66747
fees.	66748

Sec. 3501.01. As used in the sections of the Revised Code	66749
relating to elections and political communications:	66750

(A) "General election" means the election held on the first	66751
Tuesday after the first Monday in each November.	66752

(B) "Regular municipal election" means the election held on	66753
the first Tuesday after the first Monday in November in each	66754
odd-numbered year.	66755

(C) "Regular state election" means the election held on the	66756
first Tuesday after the first Monday in November in each	66757
even-numbered year.	66758

(D) "Special election" means any election other than those	66759
elections defined in other divisions of this section. A special	66760
election may be held only on the first Tuesday after the first	66761
Monday in February, May, August, or November, or on the day	66762
authorized by a particular municipal or county charter for the	66763
holding of a primary election, except that in any year in which a	66764
presidential primary election is held, no special election shall	66765
be held in February or May, except as authorized by a municipal or	66766
county charter, but may be held on the first Tuesday after the	66767
first Monday in March.	66768

(E)(1) "Primary" or "primary election" means an election held	66769
for the purpose of nominating persons as candidates of political	66770
parties for election to offices, and for the purpose of electing	66771
persons as members of the controlling committees of political	66772
parties and as delegates and alternates to the conventions of	66773
political parties. Primary elections shall be held on the first	66774
Tuesday after the first Monday in May of each year except in years	66775
in which a presidential primary election is held.	66776

(2) "Presidential primary election" means a primary election	66777
as defined by division (E)(1) of this section at which an election	66778
is held for the purpose of choosing delegates and alternates to	66779
the national conventions of the major political parties pursuant	66780
to section 3513.12 of the Revised Code. Unless otherwise	66781
specified, presidential primary elections are included in	66782
references to primary elections. In years in which a presidential	66783
primary election is held, all primary elections shall be held on	66784
the first Tuesday after the first Monday in March except as	66785
otherwise authorized by a municipal or county charter.	66786

(F) "Political party" means any group of voters meeting the	66787
requirements set forth in section 3517.01 of the Revised Code for	66788
the formation and existence of a political party.	66789

(1) "Major political party" means any political party	66790
organized under the laws of this state whose candidate for	66791
governor or nominees for presidential electors received no less	66792
than twenty per cent of the total vote cast for such office at the	66793
most recent regular state election.	66794

(2) "Intermediate political party" means any political party	66795
organized under the laws of this state whose candidate for	66796
governor or nominees for presidential electors received less than	66797
twenty per cent but not less than ten per cent of the total vote	66798
cast for such office at the most recent regular state election.	66799

(3) "Minor political party" means any political party	66800
organized under the laws of this state whose candidate for	66801
governor or nominees for presidential electors received less than	66802
ten per cent but not less than five per cent of the total vote	66803
cast for such office at the most recent regular state election or	66804
which has filed with the secretary of state, subsequent to any	66805
election in which it received less than five per cent of such	66806
vote, a petition signed by qualified electors equal in number to	66807
at least one per cent of the total vote cast for such office in	66808
the last preceding regular state election, except that a newly	66809
formed political party shall be known as a minor political party	66810
until the time of the first election for governor or president	66811
which occurs not less than twelve months subsequent to the	66812
formation of such party, after which election the status of such	66813
party shall be determined by the vote for the office of governor	66814
or president.	66815

(G) "Dominant party in a precinct" or "dominant political	66816
party in a precinct" means that political party whose candidate	66817
for election to the office of governor at the most recent regular	66818
state election at which a governor was elected received more votes	66819
than any other person received for election to that office in such	66820
precinct at such election.	66821

(H) "Candidate" means any qualified person certified in	66822
accordance with the provisions of the Revised Code for placement	66823
on the official ballot of a primary, general, or special election	66824
to be held in this state, or any qualified person who claims to be	66825
a write-in candidate, or who knowingly assents to being	66826
represented as a write-in candidate by another at either a	66827
primary, general, or special election to be held in this state.	66828

(I) "Independent candidate" means any candidate who claims	66829
not to be affiliated with a political party, and whose name has	66830
been certified on the office-type ballot at a general or special	66831
election through the filing of a statement of candidacy and	66832
nominating petition, as prescribed in section 3513.257 of the	66833
Revised Code.	66834

(J) "Nonpartisan candidate" means any candidate whose name is	66835
required, pursuant to section 3505.04 of the Revised Code, to be	66836
listed on the nonpartisan ballot, including all candidates for	66837
judicial office, for member of any board of education, for	66838
municipal or township offices in which primary elections are not	66839
held for nominating candidates by political parties, and for	66840
offices of municipal corporations having charters that provide for	66841
separate ballots for elections for these offices.	66842

(K) "Party candidate" means any candidate who claims to be a	66843
member of a political party, whose name has been certified on the	66844
office-type ballot at a general or special election through the	66845
filing of a declaration of candidacy and petition of candidate,	66846
and who has won the primary election of the candidate's party for	66847
the public office the candidate seeks or is selected by party	66848
committee in accordance with section 3513.31 of the Revised Code.	66849

(L) "Officer of a political party" includes, but is not	66850
limited to, any member, elected or appointed, of a controlling	66851
committee, whether representing the territory of the state, a	66852
district therein, a county, township, a city, a ward, a precinct,	66853
or other territory, of a major, intermediate, or minor political	66854
party.	66855

(M) "Question or issue" means any question or issue certified	66856
in accordance with the Revised Code for placement on an official	66857
ballot at a general or special election to be held in this state.	66858

(N) "Elector" or "qualified elector" means a person having	66859
the qualifications provided by law to be entitled to vote.	66860

(O) "Voter" means an elector who votes at an election.

66861

(P) "Voting residence" means that place of residence of an	66862
elector which shall determine the precinct in which the elector	66863
may vote.	66864

(Q) "Precinct" means a district within a county established	66865
by the board of elections of such county within which all	66866
qualified electors having a voting residence therein may vote at	66867
the same polling place.	66868

(R) "Polling place" means that place provided for each	66869
precinct at which the electors having a voting residence in such	66870
precinct may vote.	66871

(S) "Board" or "board of elections" means the board of	66872
elections appointed in a county pursuant to section 3501.06 of the	66873
Revised Code.	66874

(T) "Political subdivision" means a county, township, city,	66875
village, or school district.	66876

(U) "Election officer" or "election official" means any of	66877
the following:	66878

(1) Secretary of state;

66879

(2) Employees of the secretary of state serving the division	66880
of elections in the capacity of attorney, administrative officer,	66881
administrative assistant, elections administrator, office manager,	66882
or clerical supervisor;	66883

(3) Director of a board of elections;

66884

(4) Deputy director of a board of elections;

66885

(5) Member of a board of elections;

66886

(6) Employees of a board of elections;

66887

(7) Precinct polling place judges;

66888

(8) Employees appointed by the boards of elections on a	66889
temporary or part-time basis.	66890

(V) "Acknowledgment notice" means a notice sent by a board of	66891
elections, on a form prescribed by the secretary of state,	66892
informing a voter registration applicant or an applicant who	66893
wishes to change the applicant's residence or name of the status	66894
of the application; the information necessary to complete or	66895
update the application, if any; and if the application is	66896
complete, the precinct in which the applicant is to vote.	66897

(W) "Confirmation notice" means a notice sent by a board of	66898
elections, on a form prescribed by the secretary of state, to a	66899
registered elector to confirm the registered elector's current	66900
address.	66901

(X) "Designated agency" means an office or agency in the	66902
state that provides public assistance or that provides	66903
state-funded programs primarily engaged in providing services to	66904
persons with disabilities and that is required by the National	66905
Voter Registration Act of 1993 to implement a program designed and	66906
administered by the secretary of state for registering voters, or	66907
any other public or government office or agency that implements a	66908
program designed and administered by the secretary of state for	66909
registering voters, including the department of job and family	66910
services, the program administered under section 3701.132 of the	66911
Revised Code by the department of health, the department of ~~mental~~	66912
~~health~~mental health and addiction services, the department of	66913
developmental disabilities, the ~~rehabilitation services commission~~	66914
opportunities for Ohioans with disabilities agency, and any other	66915
agency the secretary of state designates. "Designated agency" does	66916
not include public high schools and vocational schools, public	66917
libraries, or the office of a county treasurer.	66918

(Y) "National Voter Registration Act of 1993" means the	66919
"National Voter Registration Act of 1993," 107 Stat. 77, 42	66920
U.S.C.A. 1973gg.	66921

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	66922
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	66923

(AA) "Photo identification" means a document that meets each	66924
of the following requirements:	66925

(1) It shows the name of the individual to whom it was	66926
issued, which shall conform to the name in the poll list or	66927
signature pollbook.	66928

(2) It shows the current address of the individual to whom it	66929
was issued, which shall conform to the address in the poll list or	66930
signature pollbook, except for a driver's license or a state	66931
identification card issued under section 4507.50 of the Revised	66932
Code, which may show either the current or former address of the	66933
individual to whom it was issued, regardless of whether that	66934
address conforms to the address in the poll list or signature	66935
pollbook.	66936

(3) It shows a photograph of the individual to whom it was	66937
issued.	66938

(4) It includes an expiration date that has not passed.

66939

(5) It was issued by the government of the United States or	66940
this state.	66941

Sec. 3517.01. (A)(1) A political party within the meaning of	66942
Title XXXV of the Revised Code is any group of voters that, at the	66943
most recent regular state election, polled for its candidate for	66944
governor in the state or nominees for presidential electors at	66945
least five per cent of the entire vote cast for that office or	66946
that filed with the secretary of state, subsequent to any election	66947
in which it received less than five per cent of that vote, a	66948
petition signed by qualified electors equal in number to at least	66949
one per cent of the total vote for governor or nominees for	66950
presidential electors at the most recent election, declaring their	66951
intention of organizing a political party, the name of which shall	66952
be stated in the declaration, and of participating in the	66953
succeeding primary election, held in even-numbered years, that	66954
occurs more than one hundred twenty days after the date of filing.	66955
No such group of electors shall assume a name or designation that	66956
is similar, in the opinion of the secretary of state, to that of	66957
an existing political party as to confuse or mislead the voters at	66958
an election. If any political party fails to cast five per cent of	66959
the total vote cast at an election for the office of governor or	66960
president, it shall cease to be a political party.	66961

(2) A campaign committee shall be legally liable for any	66962
debts, contracts, or expenditures incurred or executed in its	66963
name.	66964

(B) Notwithstanding the definitions found in section 3501.01	66965
of the Revised Code, as used in this section and sections 3517.08	66966
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	66967

(1) "Campaign committee" means a candidate or a combination	66968
of two or more persons authorized by a candidate under section	66969
3517.081 of the Revised Code to receive contributions and make	66970
expenditures.	66971

(2) "Campaign treasurer" means an individual appointed by a	66972
candidate under section 3517.081 of the Revised Code.	66973

(3) "Candidate" has the same meaning as in division (H) of	66974
section 3501.01 of the Revised Code and also includes any person	66975
who, at any time before or after an election, receives	66976
contributions or makes expenditures or other use of contributions,	66977
has given consent for another to receive contributions or make	66978
expenditures or other use of contributions, or appoints a campaign	66979
treasurer, for the purpose of bringing about the person's	66980
nomination or election to public office. When two persons jointly	66981
seek the offices of governor and lieutenant governor, "candidate"	66982
means the pair of candidates jointly. "Candidate" does not include	66983
candidates for election to the offices of member of a county or	66984
state central committee, presidential elector, and delegate to a	66985
national convention or conference of a political party.	66986

(4) "Continuing association" means an association, other than	66987
a campaign committee, political party, legislative campaign fund,	66988
political contributing entity, or labor organization, that is	66989
intended to be a permanent organization that has a primary purpose	66990
other than supporting or opposing specific candidates, political	66991
parties, or ballot issues, and that functions on a regular basis	66992
throughout the year. "Continuing association" includes	66993
organizations that are determined to be not organized for profit	66994
under subsection 501 and that are described in subsection	66995
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	66996

(5) "Contribution" means a loan, gift, deposit, forgiveness	66997
of indebtedness, donation, advance, payment, or transfer of funds	66998
or anything of value, including a transfer of funds from an inter	66999
vivos or testamentary trust or decedent's estate, and the payment	67000
by any person other than the person to whom the services are	67001
rendered for the personal services of another person, which	67002
contribution is made, received, or used for the purpose of	67003
influencing the results of an election. Any loan, gift, deposit,	67004
forgiveness of indebtedness, donation, advance, payment, or	67005
transfer of funds or of anything of value, including a transfer of	67006
funds from an inter vivos or testamentary trust or decedent's	67007
estate, and the payment by any campaign committee, political	67008
action committee, legislative campaign fund, political party,	67009
political contributing entity, or person other than the person to	67010
whom the services are rendered for the personal services of	67011
another person, that is made, received, or used by a state or	67012
county political party, other than moneys a state or county	67013
political party receives from the Ohio political party fund	67014
pursuant to section 3517.17 of the Revised Code and the moneys a	67015
~~state or county political party~~an entity may receive under	67016
sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code,	67017
shall be considered to be a "contribution" for the purpose of	67018
section 3517.10 of the Revised Code and shall be included on a	67019
statement of contributions filed under that section.	67020

"Contribution" does not include any of the following:

67021

(a) Services provided without compensation by individuals	67022
volunteering a portion or all of their time on behalf of a person;	67023

(b) Ordinary home hospitality;

67024

(c) The personal expenses of a volunteer paid for by that	67025
volunteer campaign worker;	67026

(d) Any gift given to ~~a state or county political party~~an	67027
entity pursuant to section 3517.101 of the Revised Code~~. As used~~	67028
~~in division (B)(5)(d) of this section, "political party" means~~	67029
~~only a major political party~~;	67030

(e) Any contribution as defined in section 3517.1011 of the	67031
Revised Code that is made, received, or used to pay the direct	67032
costs of producing or airing an electioneering communication;	67033

(f) Any gift given to a state or county political party for	67034
the party's restricted fund under division (A)(2) of section	67035
3517.1012 of the Revised Code;	67036

(g) Any gift given to a state political party for deposit in	67037
a Levin account pursuant to section 3517.1013 of the Revised Code.	67038
As used in this division, "Levin account" has the same meaning as	67039
in that section.	67040

(h) Any donation given to a transition fund under section	67041
3517.1014 of the Revised Code.	67042

(6) "Expenditure" means the disbursement or use of a	67043
contribution for the purpose of influencing the results of an	67044
election or of making a charitable donation under division (G) of	67045
section 3517.08 of the Revised Code. Any disbursement or use of a	67046
contribution by a state or county political party is an	67047
expenditure and shall be considered either to be made for the	67048
purpose of influencing the results of an election or to be made as	67049
a charitable donation under division (G) of section 3517.08 of the	67050
Revised Code and shall be reported on a statement of expenditures	67051
filed under section 3517.10 of the Revised Code. During the thirty	67052
days preceding a primary or general election, any disbursement to	67053
pay the direct costs of producing or airing a broadcast, cable, or	67054
satellite communication that refers to a clearly identified	67055
candidate shall be considered to be made for the purpose of	67056
influencing the results of that election and shall be reported as	67057
an expenditure or as an independent expenditure under section	67058
3517.10 or 3517.105 of the Revised Code, as applicable, except	67059
that the information required to be reported regarding	67060
contributors for those expenditures or independent expenditures	67061
shall be the same as the information required to be reported under	67062
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	67063

As used in this division, "broadcast, cable, or satellite	67064
communication" and "refers to a clearly identified candidate" have	67065
the same meanings as in section 3517.1011 of the Revised Code.	67066

(7) "Personal expenses" includes, but is not limited to,	67067
ordinary expenses for accommodations, clothing, food, personal	67068
motor vehicle or airplane, and home telephone.	67069

(8) "Political action committee" means a combination of two	67070
or more persons, the primary or major purpose of which is to	67071
support or oppose any candidate, political party, or issue, or to	67072
influence the result of any election through express advocacy, and	67073
that is not a political party, a campaign committee, a political	67074
contributing entity, or a legislative campaign fund. "Political	67075
action committee" does not include either of the following:	67076

(a) A continuing association that makes disbursements for the	67077
direct costs of producing or airing electioneering communications	67078
and that does not engage in express advocacy;	67079

(b) A political club that is formed primarily for social	67080
purposes and that consists of one hundred members or less, has	67081
officers and periodic meetings, has less than two thousand five	67082
hundred dollars in its treasury at all times, and makes an	67083
aggregate total contribution of one thousand dollars or less per	67084
calendar year.	67085

(9) "Public office" means any state, county, municipal,	67086
township, or district office, except an office of a political	67087
party, that is filled by an election and the offices of United	67088
States senator and representative.	67089

(10) "Anything of value" has the same meaning as in section	67090
1.03 of the Revised Code.	67091

(11) "Beneficiary of a campaign fund" means a candidate, a	67092
public official or employee for whose benefit a campaign fund	67093
exists, and any other person who has ever been a candidate or	67094
public official or employee and for whose benefit a campaign fund	67095
exists.	67096

(12) "Campaign fund" means money or other property, including	67097
contributions.	67098

(13) "Public official or employee" has the same meaning as in	67099
section 102.01 of the Revised Code.	67100

(14) "Caucus" means all of the members of the house of	67101
representatives or all of the members of the senate of the general	67102
assembly who are members of the same political party.	67103

(15) "Legislative campaign fund" means a fund that is	67104
established as an auxiliary of a state political party and	67105
associated with one of the houses of the general assembly.	67106

(16) "In-kind contribution" means anything of value other	67107
than money that is used to influence the results of an election or	67108
is transferred to or used in support of or in opposition to a	67109
candidate, campaign committee, legislative campaign fund,	67110
political party, political action committee, or political	67111
contributing entity and that is made with the consent of, in	67112
coordination, cooperation, or consultation with, or at the request	67113
or suggestion of the benefited candidate, committee, fund, party,	67114
or entity. The financing of the dissemination, distribution, or	67115
republication, in whole or part, of any broadcast or of any	67116
written, graphic, or other form of campaign materials prepared by	67117
the candidate, the candidate's campaign committee, or their	67118
authorized agents is an in-kind contribution to the candidate and	67119
an expenditure by the candidate.	67120

(17) "Independent expenditure" means an expenditure by a	67121
person advocating the election or defeat of an identified	67122
candidate or candidates, that is not made with the consent of, in	67123
coordination, cooperation, or consultation with, or at the request	67124
or suggestion of any candidate or candidates or of the campaign	67125
committee or agent of the candidate or candidates. As used in	67126
division (B)(17) of this section:	67127

(a) "Person" means an individual, partnership, unincorporated	67128
business organization or association, political action committee,	67129
political contributing entity, separate segregated fund,	67130
association, or other organization or group of persons, but not a	67131
labor organization or a corporation unless the labor organization	67132
or corporation is a political contributing entity.	67133

(b) "Advocating" means any communication containing a message	67134
advocating election or defeat.	67135

(c) "Identified candidate" means that the name of the	67136
candidate appears, a photograph or drawing of the candidate	67137
appears, or the identity of the candidate is otherwise apparent by	67138
unambiguous reference.	67139

(d) "Made in coordination, cooperation, or consultation with,	67140
or at the request or suggestion of, any candidate or the campaign	67141
committee or agent of the candidate" means made pursuant to any	67142
arrangement, coordination, or direction by the candidate, the	67143
candidate's campaign committee, or the candidate's agent prior to	67144
the publication, distribution, display, or broadcast of the	67145
communication. An expenditure is presumed to be so made when it is	67146
any of the following:	67147

(i) Based on information about the candidate's plans,	67148
projects, or needs provided to the person making the expenditure	67149
by the candidate, or by the candidate's campaign committee or	67150
agent, with a view toward having an expenditure made;	67151

(ii) Made by or through any person who is, or has been,	67152
authorized to raise or expend funds, who is, or has been, an	67153
officer of the candidate's campaign committee, or who is, or has	67154
been, receiving any form of compensation or reimbursement from the	67155
candidate or the candidate's campaign committee or agent;	67156

(iii) Except as otherwise provided in division (D) of section	67157
3517.105 of the Revised Code, made by a political party in support	67158
of a candidate, unless the expenditure is made by a political	67159
party to conduct voter registration or voter education efforts.	67160

(e) "Agent" means any person who has actual oral or written	67161
authority, either express or implied, to make or to authorize the	67162
making of expenditures on behalf of a candidate, or means any	67163
person who has been placed in a position with the candidate's	67164
campaign committee or organization such that it would reasonably	67165
appear that in the ordinary course of campaign-related activities	67166
the person may authorize expenditures.	67167

(18) "Labor organization" means a labor union; an employee	67168
organization; a federation of labor unions, groups, locals, or	67169
other employee organizations; an auxiliary of a labor union,	67170
employee organization, or federation of labor unions, groups,	67171
locals, or other employee organizations; or any other bona fide	67172
organization in which employees participate and that exists for	67173
the purpose, in whole or in part, of dealing with employers	67174
concerning grievances, labor disputes, wages, hours, and other	67175
terms and conditions of employment.	67176

(19) "Separate segregated fund" means a separate segregated	67177
fund established pursuant to the Federal Election Campaign Act.	67178

(20) "Federal Election Campaign Act" means the "Federal	67179
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	67180
seq., as amended.	67181

(21) "Restricted fund" means the fund a state or county	67182
political party must establish under division (A)(1) of section	67183
3517.1012 of the Revised Code.	67184

(22) "Electioneering communication" has the same meaning as	67185
in section 3517.1011 of the Revised Code.	67186

(23) "Express advocacy" means a communication that contains	67187
express words advocating the nomination, election, or defeat of a	67188
candidate or that contains express words advocating the adoption	67189
or defeat of a question or issue, as determined by a final	67190
judgment of a court of competent jurisdiction.	67191

(24) "Political committee" has the same meaning as in section	67192
3517.1011 of the Revised Code.	67193

(25) "Political contributing entity" means any entity,	67194
including a corporation or labor organization, that may lawfully	67195
make contributions and expenditures and that is not an individual	67196
or a political action committee, continuing association, campaign	67197
committee, political party, legislative campaign fund, designated	67198
state campaign committee, or state candidate fund. For purposes of	67199
this division, "lawfully" means not prohibited by any section of	67200
the Revised Code, or authorized by a final judgment of a court of	67201
competent jurisdiction.	67202

Sec. 3517.10. (A) Except as otherwise provided in this	67203
division, every campaign committee, political action committee,	67204
legislative campaign fund, political party, and political	67205
contributing entity that made or received a contribution or made	67206
an expenditure in connection with the nomination or election of	67207
any candidate or in connection with any ballot issue or question	67208
at any election held or to be held in this state shall file, on a	67209
form prescribed under this section or by electronic means of	67210
transmission as provided in this section and section 3517.106 of	67211
the Revised Code, a full, true, and itemized statement, made under	67212
penalty of election falsification, setting forth in detail the	67213
contributions and expenditures, not later than four p.m. of the	67214
following dates:	67215

(1) The twelfth day before the election to reflect	67216
contributions received and expenditures made from the close of	67217
business on the last day reflected in the last previously filed	67218
statement, if any, to the close of business on the twentieth day	67219
before the election;	67220

(2) The thirty-eighth day after the election to reflect the	67221
contributions received and expenditures made from the close of	67222
business on the last day reflected in the last previously filed	67223
statement, if any, to the close of business on the seventh day	67224
before the filing of the statement;	67225

(3) The last business day of January of every year to reflect	67226
the contributions received and expenditures made from the close of	67227
business on the last day reflected in the last previously filed	67228
statement, if any, to the close of business on the last day of	67229
December of the previous year;	67230

(4) The last business day of July of every year to reflect	67231
the contributions received and expenditures made from the close of	67232
business on the last day reflected in the last previously filed	67233
statement, if any, to the close of business on the last day of	67234
June of that year.	67235

A campaign committee shall only be required to file the	67236
statements prescribed under divisions (A)(1) and (2) of this	67237
section in connection with the nomination or election of the	67238
committee's candidate.	67239

The statement required under division (A)(1) of this section	67240
shall not be required of any campaign committee, political action	67241
committee, legislative campaign fund, political party, or	67242
political contributing entity that has received contributions of	67243
less than one thousand dollars and has made expenditures of less	67244
than one thousand dollars at the close of business on the	67245
twentieth day before the election. Those contributions and	67246
expenditures shall be reported in the statement required under	67247
division (A)(2) of this section.	67248

If an election to select candidates to appear on the general	67249
election ballot is held within sixty days before a general	67250
election, the campaign committee of a successful candidate in the	67251
earlier election may file the statement required by division	67252
(A)(1) of this section for the general election instead of the	67253
statement required by division (A)(2) of this section for the	67254
earlier election if the pregeneral election statement reflects the	67255
status of contributions and expenditures for the period twenty	67256
days before the earlier election to twenty days before the general	67257
election.	67258

If a person becomes a candidate less than twenty days before	67259
an election, the candidate's campaign committee is not required to	67260
file the statement required by division (A)(1) of this section.	67261

No statement under division (A)(3) of this section shall be	67262
required for any year in which a campaign committee, political	67263
action committee, legislative campaign fund, political party, or	67264
political contributing entity is required to file a postgeneral	67265
election statement under division (A)(2) of this section. However,	67266
a statement under division (A)(3) of this section may be filed, at	67267
the option of the campaign committee, political action committee,	67268
legislative campaign fund, political party, or political	67269
contributing entity.	67270

No campaign committee of a candidate for the office of chief	67271
justice or justice of the supreme court, and no campaign committee	67272
of a candidate for the office of judge of any court in this state,	67273
shall be required to file a statement under division (A)(4) of	67274
this section.	67275

Except as otherwise provided in this paragraph and in the	67276
next paragraph of this section, the only campaign committees	67277
required to file a statement under division (A)(4) of this section	67278
are the campaign committee of a statewide candidate and the	67279
campaign committee of a candidate for county office. The campaign	67280
committee of a candidate for any other nonjudicial office is	67281
required to file a statement under division (A)(4) of this section	67282
if that campaign committee receives, during that period,	67283
contributions exceeding ten thousand dollars.	67284

No statement under division (A)(4) of this section shall be	67285
required of a campaign committee, a political action committee, a	67286
legislative campaign fund, a political party, or a political	67287
contributing entity for any year in which the campaign committee,	67288
political action committee, legislative campaign fund, political	67289
party, or political contributing entity is required to file a	67290
postprimary election statement under division (A)(2) of this	67291
section. However, a statement under division (A)(4) of this	67292
section may be filed at the option of the campaign committee,	67293
political action committee, legislative campaign fund, political	67294
party, or political contributing entity.	67295

No statement under division (A)(3) or (4) of this section	67296
shall be required if the campaign committee, political action	67297
committee, legislative campaign fund, political party, or	67298
political contributing entity has no contributions that it has	67299
received and no expenditures that it has made since the last date	67300
reflected in its last previously filed statement. However, the	67301
campaign committee, political action committee, legislative	67302
campaign fund, political party, or political contributing entity	67303
shall file a statement to that effect, on a form prescribed under	67304
this section and made under penalty of election falsification, on	67305
the date required in division (A)(3) or (4) of this section, as	67306
applicable.	67307

The campaign committee of a statewide candidate shall file a	67308
monthly statement of contributions received during each of the	67309
months of July, August, and September in the year of the general	67310
election in which the candidate seeks office. The campaign	67311
committee of a statewide candidate shall file the monthly	67312
statement not later than three business days after the last day of	67313
the month covered by the statement. During the period beginning on	67314
the nineteenth day before the general election in which a	67315
statewide candidate seeks election to office and extending through	67316
the day of that general election, each time the campaign committee	67317
of the joint candidates for the offices of governor and lieutenant	67318
governor or of a candidate for the office of secretary of state,	67319
auditor of state, treasurer of state, or attorney general receives	67320
a contribution from a contributor that causes the aggregate amount	67321
of contributions received from that contributor during that period	67322
to equal or exceed ten thousand dollars and each time the campaign	67323
committee of a candidate for the office of chief justice or	67324
justice of the supreme court receives a contribution from a	67325
contributor that causes the aggregate amount of contributions	67326
received from that contributor during that period to exceed ten	67327
thousand dollars, the campaign committee shall file a	67328
two-business-day statement reflecting that contribution. ~~During~~	67329
~~the period beginning on the nineteenth day before a primary~~	67330
~~election in which a candidate for statewide office seeks~~	67331
~~nomination to office and extending through the day of that primary~~	67332
~~election, each time either the campaign committee of a statewide~~	67333
~~candidate in that primary election that files a notice under~~	67334
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	67335
~~campaign committee of a statewide candidate in that primary~~	67336
~~election to which, in accordance with division (D) of section~~	67337
~~3517.103 of the Revised Code, the contribution limitations~~	67338
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	67339
~~receives a contribution from a contributor that causes the~~	67340
~~aggregate amount of contributions received from that contributor~~	67341
~~during that period to exceed ten thousand dollars, the campaign~~	67342
~~committee shall file a two-business-day statement reflecting that~~	67343
~~contribution.~~ Contributions reported on a two-business-day	67344
statement required to be filed by a campaign committee of a	67345
statewide candidate in a primary election shall also be included	67346
in the postprimary election statement required to be filed by that	67347
campaign committee under division (A)(2) of this section. A	67348
two-business-day statement required by this paragraph shall be	67349
filed not later than two business days after receipt of the	67350
contribution. The statements required by this paragraph shall be	67351
filed in addition to any other statements required by this	67352
section.	67353

Subject to the secretary of state having implemented, tested,	67354
and verified the successful operation of any system the secretary	67355
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	67356
this section and division (H)(1) of section 3517.106 of the	67357
Revised Code for the filing of campaign finance statements by	67358
electronic means of transmission, a campaign committee of a	67359
statewide candidate shall file a two-business-day statement under	67360
the preceding paragraph by electronic means of transmission if the	67361
campaign committee is required to file a pre-election,	67362
postelection, or monthly statement of contributions and	67363
expenditures by electronic means of transmission under this	67364
section or section 3517.106 of the Revised Code.	67365

If a campaign committee or political action committee has no	67366
balance on hand and no outstanding obligations and desires to	67367
terminate itself, it shall file a statement to that effect, on a	67368
form prescribed under this section and made under penalty of	67369
election falsification, with the official with whom it files a	67370
statement under division (A) of this section after filing a final	67371
statement of contributions and a final statement of expenditures,	67372
if contributions have been received or expenditures made since the	67373
period reflected in its last previously filed statement.	67374

(B) Except as otherwise provided in division (C)(7) of this	67375
section, each statement required by division (A) of this section	67376
shall contain the following information:	67377

(1) The full name and address of each campaign committee,	67378
political action committee, legislative campaign fund, political	67379
party, or political contributing entity, including any treasurer	67380
of the committee, fund, party, or entity, filing a contribution	67381
and expenditure statement;	67382

(2)(a) In the case of a campaign committee, the candidate's	67383
full name and address;	67384

(b) In the case of a political action committee, the	67385
registration number assigned to the committee under division	67386
(D)(1) of this section.	67387

(3) The date of the election and whether it was or will be a	67388
general, primary, or special election;	67389

(4) A statement of contributions received, which shall	67390
include the following information:	67391

(a) The month, day, and year of the contribution;

67392

(b)(i) The full name and address of each person, political	67393
party, campaign committee, legislative campaign fund, political	67394
action committee, or political contributing entity from whom	67395
contributions are received and the registration number assigned to	67396
the political action committee under division (D)(1) of this	67397
section. The requirement of filing the full address does not apply	67398
to any statement filed by a state or local committee of a	67399
political party, to a finance committee of such committee, or to a	67400
committee recognized by a state or local committee as its	67401
fund-raising auxiliary. Notwithstanding division (F) of this	67402
section, the requirement of filing the full address shall be	67403
considered as being met if the address filed is the same address	67404
the contributor provided under division (E)(1) of this section.	67405

(ii) If a political action committee, political contributing	67406
entity, legislative campaign fund, or political party that is	67407
required to file campaign finance statements by electronic means	67408
of transmission under section 3517.106 of the Revised Code or a	67409
campaign committee of a statewide candidate or candidate for the	67410
office of member of the general assembly receives a contribution	67411
from an individual that exceeds one hundred dollars, the name of	67412
the individual's current employer, if any, or, if the individual	67413
is self-employed, the individual's occupation and the name of the	67414
individual's business, if any;	67415

(iii) If a campaign committee of a statewide candidate or	67416
candidate for the office of member of the general assembly	67417
receives a contribution transmitted pursuant to section 3599.031	67418
of the Revised Code from amounts deducted from the wages and	67419
salaries of two or more employees that exceeds in the aggregate	67420
one hundred dollars during any one filing period under division	67421
(A)(1), (2), (3), or (4) of this section, the full name of the	67422
employees' employer and the full name of the labor organization of	67423
which the employees are members, if any.	67424

(c) A description of the contribution received, if other than	67425
money;	67426

(d) The value in dollars and cents of the contribution;

67427

(e) A separately itemized account of all contributions and	67428
expenditures regardless of the amount, except a receipt of a	67429
contribution from a person in the sum of twenty-five dollars or	67430
less at one social or fund-raising activity and a receipt of a	67431
contribution transmitted pursuant to section 3599.031 of the	67432
Revised Code from amounts deducted from the wages and salaries of	67433
employees if the contribution from the amount deducted from the	67434
wages and salary of any one employee is twenty-five dollars or	67435
less aggregated in a calendar year. An account of the total	67436
contributions from each social or fund-raising activity shall	67437
include a description of and the value of each in-kind	67438
contribution received at that activity from any person who made	67439
one or more such contributions whose aggregate value exceeded two	67440
hundred fifty dollars and shall be listed separately, together	67441
with the expenses incurred and paid in connection with that	67442
activity. A campaign committee, political action committee,	67443
legislative campaign fund, political party, or political	67444
contributing entity shall keep records of contributions from each	67445
person in the amount of twenty-five dollars or less at one social	67446
or fund-raising activity and contributions from amounts deducted	67447
under section 3599.031 of the Revised Code from the wages and	67448
salary of each employee in the amount of twenty-five dollars or	67449
less aggregated in a calendar year. No continuing association that	67450
is recognized by a state or local committee of a political party	67451
as an auxiliary of the party and that makes a contribution from	67452
funds derived solely from regular dues paid by members of the	67453
auxiliary shall be required to list the name or address of any	67454
members who paid those dues.	67455

Contributions that are other income shall be itemized	67456
separately from all other contributions. The information required	67457
under division (B)(4) of this section shall be provided for all	67458
other income itemized. As used in this paragraph, "other income"	67459
means a loan, investment income, or interest income.	67460

(f) In the case of a campaign committee of a state elected	67461
officer, if a person doing business with the state elected officer	67462
in the officer's official capacity makes a contribution to the	67463
campaign committee of that officer, the information required under	67464
division (B)(4) of this section in regard to that contribution,	67465
which shall be filed together with and considered a part of the	67466
committee's statement of contributions as required under division	67467
(A) of this section but shall be filed on a separate form provided	67468
by the secretary of state. As used in this division:	67469

(i) "State elected officer" has the same meaning as in	67470
section 3517.092 of the Revised Code.	67471

(ii) "Person doing business" means a person or an officer of	67472
an entity who enters into one or more contracts with a state	67473
elected officer or anyone authorized to enter into contracts on	67474
behalf of that officer to receive payments for goods or services,	67475
if the payments total, in the aggregate, more than five thousand	67476
dollars during a calendar year.	67477

(5) A statement of expenditures which shall include the	67478
following information:	67479

(a) The month, day, and year of the expenditure;

67480

(b) The full name and address of each person, political	67481
party, campaign committee, legislative campaign fund, political	67482
action committee, or political contributing entity to whom the	67483
expenditure was made and the registration number assigned to the	67484
political action committee under division (D)(1) of this section;	67485

67486

(d) The amount of each expenditure.

67487

(C)(1) The statement of contributions and expenditures shall	67488
be signed by the person completing the form. If a statement of	67489
contributions and expenditures is filed by electronic means of	67490
transmission pursuant to this section or section 3517.106 of the	67491
Revised Code, the electronic signature of the person who executes	67492
the statement and transmits the statement by electronic means of	67493
transmission, as provided in division (H) of section 3517.106 of	67494
the Revised Code, shall be attached to or associated with the	67495
statement and shall be binding on all persons and for all purposes	67496
under the campaign finance reporting law as if the signature had	67497
been handwritten in ink on a printed form.	67498

(2) The person filing the statement, under penalty of	67499
election falsification, shall include with it a list of each	67500
anonymous contribution, the circumstances under which it was	67501
received, and the reason it cannot be attributed to a specific	67502
donor.	67503

(3) Each statement of a campaign committee of a candidate who	67504
holds public office shall contain a designation of each	67505
contributor who is an employee in any unit or department under the	67506
candidate's direct supervision and control. In a space provided in	67507
the statement, the person filing the statement shall affirm that	67508
each such contribution was voluntarily made.	67509

(4) A campaign committee that did not receive contributions	67510
or make expenditures in connection with the nomination or election	67511
of its candidate shall file a statement to that effect, on a form	67512
prescribed under this section and made under penalty of election	67513
falsification, on the date required in division (A)(2) of this	67514
section.	67515

(5) The campaign committee of any person who attempts to	67516
become a candidate and who, for any reason, does not become	67517
certified in accordance with Title XXXV of the Revised Code for	67518
placement on the official ballot of a primary, general, or special	67519
election to be held in this state, and who, at any time prior to	67520
or after an election, receives contributions or makes	67521
expenditures, or has given consent for another to receive	67522
contributions or make expenditures, for the purpose of bringing	67523
about the person's nomination or election to public office, shall	67524
file the statement or statements prescribed by this section and a	67525
termination statement, if applicable. Division (C)(5) of this	67526
section does not apply to any person with respect to an election	67527
to the offices of member of a county or state central committee,	67528
presidential elector, or delegate to a national convention or	67529
conference of a political party.	67530

(6)(a) The statements required to be filed under this section	67531
shall specify the balance in the hands of the campaign committee,	67532
political action committee, legislative campaign fund, political	67533
party, or political contributing entity and the disposition	67534
intended to be made of that balance.	67535

(b) The secretary of state shall prescribe the form for all	67536
statements required to be filed under this section and shall	67537
furnish the forms to the boards of elections in the several	67538
counties. The boards of elections shall supply printed copies of	67539
those forms without charge. The secretary of state shall prescribe	67540
the appropriate methodology, protocol, and data file structure for	67541
statements required or permitted to be filed by electronic means	67542
of transmission under division (A) of this section, divisions (E),	67543
(F), and (G) of section 3517.106, division (D) of section	67544
3517.1011, division (B) of section 3517.1012, division (C) of	67545
section 3517.1013, and divisions (D) and (I) of section 3517.1014	67546
of the Revised Code. Subject to division (A) of this section,	67547
divisions (E), (F), and (G) of section 3517.106, division (D) of	67548
section 3517.1011, division (B) of section 3517.1012, division (C)	67549
of section 3517.1013, and divisions (D) and (I) of section	67550
3517.1014 of the Revised Code, the statements required to be	67551
stored on computer by the secretary of state under division (B) of	67552
section 3517.106 of the Revised Code shall be filed in whatever	67553
format the secretary of state considers necessary to enable the	67554
secretary of state to store the information contained in the	67555
statements on computer. Any such format shall be of a type and	67556
nature that is readily available to whoever is required to file	67557
the statements in that format.	67558

(c) The secretary of state shall assess the need for training	67559
regarding the filing of campaign finance statements by electronic	67560
means of transmission and regarding associated technologies for	67561
candidates, campaign committees, political action committees,	67562
legislative campaign funds, political parties, or political	67563
contributing entities, for individuals, partnerships, or other	67564
entities, for persons making disbursements to pay the direct costs	67565
of producing or airing electioneering communications, or for	67566
treasurers of transition funds, required or permitted to file	67567
statements by electronic means of transmission under this section	67568
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	67569
3517.1014 of the Revised Code. If, in the opinion of the secretary	67570
of state, training in these areas is necessary, the secretary of	67571
state shall arrange for the provision of voluntary training	67572
programs for candidates, campaign committees, political action	67573
committees, legislative campaign funds, political parties, or	67574
political contributing entities, for individuals, partnerships,	67575
and other entities, for persons making disbursements to pay the	67576
direct costs of producing or airing electioneering communications,	67577
or for treasurers of transition funds, as appropriate.	67578

(7) Each monthly statement and each two-business-day	67579
statement required by division (A) of this section shall contain	67580
the information required by divisions (B)(1) to (4), (C)(2), and,	67581
if appropriate, (C)(3) of this section. Each statement shall be	67582
signed as required by division (C)(1) of this section.	67583

(D)(1) Prior to receiving a contribution or making an	67584
expenditure, every campaign committee, political action committee,	67585
legislative campaign fund, political party, or political	67586
contributing entity shall appoint a treasurer and shall file, on a	67587
form prescribed by the secretary of state, a designation of that	67588
appointment, including the full name and address of the treasurer	67589
and of the campaign committee, political action committee,	67590
legislative campaign fund, political party, or political	67591
contributing entity. That designation shall be filed with the	67592
official with whom the campaign committee, political action	67593
committee, legislative campaign fund, political party, or	67594
political contributing entity is required to file statements under	67595
section 3517.11 of the Revised Code. The name of a campaign	67596
committee shall include at least the last name of the campaign	67597
committee's candidate. If two or more candidates are the	67598
beneficiaries of a single campaign committee under division (B) of	67599
section 3517.081 of the Revised Code, the name of the campaign	67600
committee shall include at least the last name of each candidate	67601
who is a beneficiary of that campaign committee. The secretary of	67602
state shall assign a registration number to each political action	67603
committee that files a designation of the appointment of a	67604
treasurer under this division if the political action committee is	67605
required by division (A)(1) of section 3517.11 of the Revised Code	67606
to file the statements prescribed by this section with the	67607
secretary of state.	67608

(2) The treasurer appointed under division (D)(1) of this	67609
section shall keep a strict account of all contributions, from	67610
whom received and the purpose for which they were disbursed.	67611

(3)(a) Except as otherwise provided in section 3517.108 of	67612
the Revised Code, a campaign committee shall deposit all monetary	67613
contributions received by the committee into an account separate	67614
from a personal or business account of the candidate or campaign	67615
committee.	67616

(b) A political action committee shall deposit all monetary	67617
contributions received by the committee into an account separate	67618
from all other funds.	67619

(c) A state or county political party may establish a state	67620
candidate fund that is separate from an account that contains the	67621
public moneys received from the Ohio political party fund under	67622
section 3517.17 of the Revised Code and from all other funds. A	67623
state or county political party may deposit into its state	67624
candidate fund any amounts of monetary contributions that are made	67625
to or accepted by the political party subject to the applicable	67626
limitations, if any, prescribed in section 3517.102 of the Revised	67627
Code. A state or county political party shall deposit all other	67628
monetary contributions received by the party into one or more	67629
accounts that are separate from its state candidate fund and from	67630
its account that contains the public moneys received from the Ohio	67631
political party fund under section 3517.17 of the Revised Code.	67632

(d) Each state political party shall have only one	67633
legislative campaign fund for each house of the general assembly.	67634
Each such fund shall be separate from any other funds or accounts	67635
of that state party. A legislative campaign fund is authorized to	67636
receive contributions and make expenditures for the primary	67637
purpose of furthering the election of candidates who are members	67638
of that political party to the house of the general assembly with	67639
which that legislative campaign fund is associated. Each	67640
legislative campaign fund shall be administered and controlled in	67641
a manner designated by the caucus. As used in this division,	67642
"caucus" has the same meaning as in section 3517.01 of the Revised	67643
Code and includes, as an ex officio member, the chairperson of the	67644
state political party with which the caucus is associated or that	67645
chairperson's designee.	67646

(4) Every expenditure in excess of twenty-five dollars shall	67647
be vouched for by a receipted bill, stating the purpose of the	67648
expenditure, that shall be filed with the statement of	67649
expenditures. A canceled check with a notation of the purpose of	67650
the expenditure is a receipted bill for purposes of division	67651
(D)(4) of this section.	67652

(5) The secretary of state or the board of elections, as the	67653
case may be, shall issue a receipt for each statement filed under	67654
this section and shall preserve a copy of the receipt for a period	67655
of at least six years. All statements filed under this section	67656
shall be open to public inspection in the office where they are	67657
filed and shall be carefully preserved for a period of at least	67658
six years after the year in which they are filed.	67659

(6) The secretary of state, by rule adopted pursuant to	67660
section 3517.23 of the Revised Code, shall prescribe both of the	67661
following:	67662

(a) The manner of immediately acknowledging, with date and	67663
time received, and preserving the receipt of statements that are	67664
transmitted by electronic means of transmission to the secretary	67665
of state pursuant to this section or section 3517.106, 3517.1011,	67666
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	67667

(b) The manner of preserving the contribution and	67668
expenditure, contribution and disbursement, deposit and	67669
disbursement, gift and disbursement, or donation and disbursement	67670
information in the statements described in division (D)(6)(a) of	67671
this section. The secretary of state shall preserve the	67672
contribution and expenditure, contribution and disbursement,	67673
deposit and disbursement, gift and disbursement, or donation and	67674
disbursement information in those statements for at least ten	67675
years after the year in which they are filed by electronic means	67676
of transmission.	67677

(7) The secretary of state, pursuant to division (I) of	67678
section 3517.106 of the Revised Code, shall make available online	67679
to the public through the internet the contribution and	67680
expenditure, contribution and disbursement, deposit and	67681
disbursement, gift and disbursement, or donation and disbursement	67682
information in all statements, all addenda, amendments, or other	67683
corrections to statements, and all amended statements filed with	67684
the secretary of state by electronic or other means of	67685
transmission under this section, division (B)(2)(b) or (C)(2)(b)	67686
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	67687
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	67688
secretary of state may remove the information from the internet	67689
after a reasonable period of time.	67690

(E)(1) Any person, political party, campaign committee,	67691
legislative campaign fund, political action committee, or	67692
political contributing entity that makes a contribution in	67693
connection with the nomination or election of any candidate or in	67694
connection with any ballot issue or question at any election held	67695
or to be held in this state shall provide its full name and	67696
address to the recipient of the contribution at the time the	67697
contribution is made. The political action committee also shall	67698
provide the registration number assigned to the committee under	67699
division (D)(1) of this section to the recipient of the	67700
contribution at the time the contribution is made.	67701

(2) Any individual who makes a contribution that exceeds one	67702
hundred dollars to a political action committee, political	67703
contributing entity, legislative campaign fund, or political party	67704
or to a campaign committee of a statewide candidate or candidate	67705
for the office of member of the general assembly shall provide the	67706
name of the individual's current employer, if any, or, if the	67707
individual is self-employed, the individual's occupation and the	67708
name of the individual's business, if any, to the recipient of the	67709
contribution at the time the contribution is made. Sections	67710
3599.39 and 3599.40 of the Revised Code do not apply to division	67711
(E)(2) of this section.	67712

(3) If a campaign committee shows that it has exercised its	67713
best efforts to obtain, maintain, and submit the information	67714
required under divisions (B)(4)(b)(ii) and (iii) of this section,	67715
that committee is considered to have met the requirements of those	67716
divisions. A campaign committee shall not be considered to have	67717
exercised its best efforts unless, in connection with written	67718
solicitations, it regularly includes a written request for the	67719
information required under division (B)(4)(b)(ii) of this section	67720
from the contributor or the information required under division	67721
(B)(4)(b)(iii) of this section from whoever transmits the	67722
contribution.	67723

(4) Any check that a political action committee uses to make	67724
a contribution or an expenditure shall contain the full name and	67725
address of the committee and the registration number assigned to	67726
the committee under division (D)(1) of this section.	67727

(F) As used in this section:

67728

(1)(a) Except as otherwise provided in division (F)(1) of	67729
this section, "address" means all of the following if they exist:	67730
apartment number, street, road, or highway name and number, rural	67731
delivery route number, city or village, state, and zip code as	67732
used in a person's post-office address, but not post-office box.	67733

(b) Except as otherwise provided in division (F)(1) of this	67734
section, if an address is required in this section, a post-office	67735
box and office, room, or suite number may be included in addition	67736
to, but not in lieu of, an apartment, street, road, or highway	67737
name and number.	67738

(c) If an address is required in this section, a campaign	67739
committee, political action committee, legislative campaign fund,	67740
political party, or political contributing entity may use the	67741
business or residence address of its treasurer or deputy	67742
treasurer. The post-office box number of the campaign committee,	67743
political action committee, legislative campaign fund, political	67744
party, or political contributing entity may be used in addition to	67745
that address.	67746

(d) For the sole purpose of a campaign committee's reporting	67747
of contributions on a statement of contributions received under	67748
division (B)(4) of this section, "address" has one of the	67749
following meanings at the option of the campaign committee:	67750

(i) The same meaning as in division (F)(1)(a) of this	67751
section;	67752

(ii) All of the following, if they exist: the contributor's	67753
post-office box number and city or village, state, and zip code as	67754
used in the contributor's post-office address.	67755

(e) As used with regard to the reporting under this section	67756
of any expenditure, "address" means all of the following if they	67757
exist: apartment number, street, road, or highway name and number,	67758
rural delivery route number, city or village, state, and zip code	67759
as used in a person's post-office address, or post-office box. If	67760
an address concerning any expenditure is required in this section,	67761
a campaign committee, political action committee, legislative	67762
campaign fund, political party, or political contributing entity	67763
may use the business or residence address of its treasurer or	67764
deputy treasurer or its post-office box number.	67765

(2) "Statewide candidate" means the joint candidates for the	67766
offices of governor and lieutenant governor or a candidate for the	67767
office of secretary of state, auditor of state, treasurer of	67768
state, attorney general, member of the state board of education,	67769
chief justice of the supreme court, or justice of the supreme	67770
court.	67771

(3) "Candidate for county office" means a candidate for the	67772
office of county auditor, county treasurer, clerk of the court of	67773
common pleas, judge of the court of common pleas, sheriff, county	67774
recorder, county engineer, county commissioner, prosecuting	67775
attorney, or coroner.	67776

(G) An independent expenditure shall be reported whenever and	67777
in the same manner that an expenditure is required to be reported	67778
under this section and shall be reported pursuant to division	67779
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	67780

(H)(1) Except as otherwise provided in division (H)(2) of	67781
this section, if, during the combined pre-election and	67782
postelection reporting periods for an election, a campaign	67783
committee has received contributions of five hundred dollars or	67784
less and has made expenditures in the total amount of five hundred	67785
dollars or less, it may file a statement to that effect, under	67786
penalty of election falsification, in lieu of the statement	67787
required by division (A)(2) of this section. The statement shall	67788
indicate the total amount of contributions received and the total	67789
amount of expenditures made during those combined reporting	67790
periods.	67791

(2) In the case of a successful candidate at a primary	67792
election, if either the total contributions received by or the	67793
total expenditures made by the candidate's campaign committee	67794
during the preprimary, postprimary, pregeneral, and postgeneral	67795
election periods combined equal more than five hundred dollars,	67796
the campaign committee may file the statement under division	67797
(H)(1) of this section only for the primary election. The first	67798
statement that the campaign committee files in regard to the	67799
general election shall reflect all contributions received and all	67800
expenditures made during the preprimary and postprimary election	67801
periods.	67802

(3) Divisions (H)(1) and (2) of this section do not apply if	67803
a campaign committee receives contributions or makes expenditures	67804
prior to the first day of January of the year of the election at	67805
which the candidate seeks nomination or election to office or if	67806
the campaign committee does not file a termination statement with	67807
its postprimary election statement in the case of an unsuccessful	67808
primary election candidate or with its postgeneral election	67809
statement in the case of other candidates.	67810

(I) In the case of a contribution made by a partner of a	67811
partnership or an owner or a member of another unincorporated	67812
business from any funds of the partnership or other unincorporated	67813
business, all of the following apply:	67814

(1) The recipient of the contribution shall report the	67815
contribution by listing both the partnership or other	67816
unincorporated business and the name of the partner, owner, or	67817
member making the contribution.	67818

(2) In reporting the contribution, the recipient of the	67819
contribution shall be entitled to conclusively rely upon the	67820
information provided by the partnership or other unincorporated	67821
business, provided that the information includes one of the	67822
following:	67823

(a) The name of each partner, owner, or member as of the date	67824
of the contribution or contributions, and a statement that the	67825
total contributions are to be allocated equally among all of the	67826
partners, owners, or members; or	67827

(b) The name of each partner, owner, or member as of the date	67828
of the contribution or contributions who is participating in the	67829
contribution or contributions, and a statement that the	67830
contribution or contributions are to be allocated to those	67831
individuals in accordance with the information provided by the	67832
partnership or other unincorporated business to the recipient of	67833
the contribution.	67834

(3) For purposes of section 3517.102 of the Revised Code, the	67835
contribution shall be considered to have been made by the partner,	67836
owner, or member reported under division (I)(1) of this section.	67837

(4) No contribution from a partner of a partnership or an	67838
owner or a member of another unincorporated business shall be	67839
accepted from any funds of the partnership or other unincorporated	67840
business unless the recipient reports the contribution under	67841
division (I)(1) of this section together with the information	67842
provided under division (I)(2) of this section.	67843

(5) No partnership or other unincorporated business shall	67844
make a contribution or contributions solely in the name of the	67845
partnership or other unincorporated business.	67846

(6) As used in division (I) of this section, "partnership or	67847
other unincorporated business" includes, but is not limited to, a	67848
cooperative, a sole proprietorship, a general partnership, a	67849
limited partnership, a limited partnership association, a limited	67850
liability partnership, and a limited liability company.	67851

(J) A candidate shall have only one campaign committee at any	67852
given time for all of the offices for which the person is a	67853
candidate or holds office.	67854

(K)(1) In addition to filing a designation of appointment of	67855
a treasurer under division (D)(1) of this section, the campaign	67856
committee of any candidate for an elected municipal office that	67857
pays an annual amount of compensation of five thousand dollars or	67858
less, the campaign committee of any candidate for member of a	67859
board of education except member of the state board of education,	67860
or the campaign committee of any candidate for township trustee or	67861
township fiscal officer may sign, under penalty of election	67862
falsification, a certificate attesting that the committee will not	67863
accept contributions during an election period that exceed in the	67864
aggregate two thousand dollars from all contributors and one	67865
hundred dollars from any one individual, and that the campaign	67866
committee will not make expenditures during an election period	67867
that exceed in the aggregate two thousand dollars.	67868

The certificate shall be on a form prescribed by the	67869
secretary of state and shall be filed not later than ten days	67870
after the candidate files a declaration of candidacy and petition,	67871
a nominating petition, or a declaration of intent to be a write-in	67872
candidate.	67873

(2) Except as otherwise provided in division (K)(3) of this	67874
section, a campaign committee that files a certificate under	67875
division (K)(1) of this section is not required to file the	67876
statements required by division (A) of this section.	67877

(3) If, after filing a certificate under division (K)(1) of	67878
this section, a campaign committee exceeds any of the limitations	67879
described in that division during an election period, the	67880
certificate is void and thereafter the campaign committee shall	67881
file the statements required by division (A) of this section. If	67882
the campaign committee has not previously filed a statement, then	67883
on the first statement the campaign committee is required to file	67884
under division (A) of this section after the committee's	67885
certificate is void, the committee shall report all contributions	67886
received and expenditures made from the time the candidate filed	67887
the candidate's declaration of candidacy and petition, nominating	67888
petition, or declaration of intent to be a write-in candidate.	67889

(4) As used in division (K) of this section, "election	67890
period" means the period of time beginning on the day a person	67891
files a declaration of candidacy and petition, nominating	67892
petition, or declaration of intent to be a write-in candidate	67893
through the day of the election at which the person seeks	67894
nomination to office if the person is not elected to office, or,	67895
if the candidate was nominated in a primary election, the day of	67896
the election at which the candidate seeks office.	67897

(L) A political contributing entity that receives	67898
contributions from the dues, membership fees, or other assessments	67899
of its members or from its officers, shareholders, and employees	67900
may report the aggregate amount of contributions received from	67901
those contributors and the number of individuals making those	67902
contributions, for each filing period under divisions (A)(1), (2),	67903
(3), and (4) of this section, rather than reporting information as	67904
required under division (B)(4) of this section, including, when	67905
applicable, the name of the current employer, if any, of a	67906
contributor whose contribution exceeds one hundred dollars or, if	67907
such a contributor is self-employed, the contributor's occupation	67908
and the name of the contributor's business, if any. Division	67909
(B)(4) of this section applies to a political contributing entity	67910
with regard to contributions it receives from all other	67911
contributors.	67912

Sec. 3517.101. (A) As used in this section:

67913

(1) "Gift" means a gift, subscription, loan, advance, or	67914
deposit of money or anything of value, given to ~~a state or county~~	67915
~~political party~~an entity described in division (C) of this	67916
section, that is specifically designated and used to defray any	67917
cost incurred on or after the effective date of this ~~section~~	67918
amendment for any of the ~~construction, renovation, or purchase of~~	67919
~~any office facility that is not used solely for the purpose of~~	67920
~~directly influencing the election of any individual candidate in~~	67921
~~any particular election for any office~~following purposes:	67922

(a) The construction, renovation, purchase, or lease of an	67923
office facility;	67924

(b) Furniture and fixtures to be installed in an office	67925
facility;	67926

67927

(d) The operating costs, maintenance, and repair of an office	67928
facility.	67929

(2) "Address" has the meaning given in division (F) of	67930
section 3517.10 of the Revised Code.	67931

(3) "Political party" means only a major political party.

67932

(B) Any person, including a corporation engaged in business	67933
in this state but not including a public utility, may make a gift	67934
to ~~a state or county political party~~an entity described in	67935
division (C) of this section if the gift is specifically	67936
designated and used to defray any cost incurred on or after the	67937
effective date of this ~~section~~amendment for the ~~construction,~~	67938
~~renovation, or purchase of any office facility that is not used~~	67939
~~solely for the purpose of directly influencing the election of any~~	67940
~~individual candidate in any particular election for any office~~	67941
~~and, if it~~purposes described in division (A)(1) of this section.	67942
If the gift is a gift of money from a corporation engaged in	67943
business in this state, if the gift ~~does~~shall not exceed ten per	67944
cent of the ~~cost of the construction, renovation, or purchase~~	67945
costs incurred for those purposes. Such gift shall not be	67946
considered a contribution or expenditure prohibited by any section	67947
of the Revised Code.	67948

(C) Any of the following entities may receive a gift under	67949
this section:	67950

(1) A state political party;

67951

(2) A county political party;

67952

(3) A legislative campaign fund.

67953

(D)(1) Each ~~state or county political party~~entity that	67954
receives a gift pursuant to this section shall file on a form	67955
prescribed by the secretary of state, a full, true, and itemized	67956
statement describing the gift received and how it was disbursed.	67957
The statement shall be made under penalty of election	67958
falsification and shall be filed not later than four p.m. of the	67959
last day of January of every year to reflect gifts received and	67960
disbursed during the immediately preceding calendar year.	67961

(2) Each statement required under division ~~(C)~~(D)(1) of this	67962
section shall contain all of the following information:	67963

(a) The full name and address of the ~~state or county~~	67964
~~political party~~entity filing the statement, including its	67965
treasurer;	67966

(b) A description of each gift received, which shall include:

67967

(i) The month, day, and year on which the gift was received;

67968

(ii) The full name and address of each person from whom or	67969
from which the gift was received;	67970

(iii) The nature of the gift, if other than money;

67971

(iv) The value of the gift in dollars and cents.

67972

Each gift received shall be itemized separately regardless of	67973
its amount or value.	67974

67975

(d) The total value of gifts received and gifts disbursed	67976
during each reporting period;	67977

(e) The total ~~cost of~~costs incurred for the ~~construction,~~	67978
~~renovation, or purchase of any office facility~~purposes for which	67979
a gift is used.	67980

~~(D)~~(E)(1) All monetary gifts and all income from the lease or	67981
rental of an office facility for which a gift is used shall be	67982
deposited in an account separate from other funds and maintained	67983
in that separate account. ~~Except as provided in division (D)(2) of~~	67984
~~this section, moneys~~Moneys in the account shall be used only for	67985
the ~~construction, renovation, or purchase of an office facility as~~	67986
purposes described in division ~~(B)~~(A)(1) of this section.	67987

(2) ~~Any moneys remaining in an account under division (D)(1)~~	67988
~~of this section after the construction, renovation, or purchase of~~	67989
~~an office facility shall be used only for the maintenance and~~	67990
~~repair of the facility or for the construction, renovation, or~~	67991
~~purchase of another office facility as described in division (B)~~	67992
~~of this section and shall not be used for operating costs of the~~	67993
~~facility or for any other purpose.~~	67994

~~(3)~~ When ~~a state or county political party~~an entity	67995
described in division (C) of this section sells an office facility	67996
that was constructed, renovated, or purchased in whole or in part	67997
from monetary gifts or sells furniture, fixtures, equipment, or	67998
supplies that were purchased in whole or in part from monetary	67999
gifts, the ~~party~~entity shall deposit in the account under	68000
division ~~(D)~~(E)(1) of this section an amount that is the same	68001
percentage of the total proceeds of the sale as the monetary gifts	68002
~~used in the construction, renovation, or purchase of the facility~~	68003
were of the total cost of ~~that construction, renovation, or~~	68004
~~purchase~~those goods or services. Proceeds deposited in the	68005
account shall be used only for the ~~construction, renovation, or~~	68006
~~purchase of another office facility as~~purposes described in	68007
division ~~(B)~~(A)(1) of this section.	68008

~~(E)~~(F) A state political party or a legislative campaign fund	68009
shall file a statement required under this section with the	68010
secretary of state and a county political party shall file a	68011
statement required under this section with the board of elections	68012
of the county in which the party is located.	68013

~~(F)~~(G)(1) No ~~state or county political party~~entity shall	68014
fail to file a statement required to be filed under this section.	68015

(2) No ~~state or county political party~~entity shall knowingly	68016
fail to report, or shall knowingly misrepresent, a gift required	68017
to be reported on a statement required to be filed under this	68018
section.	68019

~~(G)~~(H) No ~~state or county political party~~entity shall expend	68020
or use a gift for a purpose other than ~~to defray any cost incurred~~	68021
~~on or after the effective date of this section for the~~	68022
~~construction, renovation, or purchase of an office facility as~~the	68023
purposes described in division ~~(B)~~(A)(1) of this section ~~or for~~	68024
~~the maintenance and repair of such a facility as provided in~~	68025
~~division (D)(2) of this section~~.	68026

~~(H)~~(I) Prior to receiving any gift under this section, every	68027
~~political party~~entity shall appoint a treasurer and file, on a	68028
form prescribed by the secretary of state, a designation of the	68029
appointment, including the full name and address of the ~~political~~	68030
~~party~~entity. The designation shall be filed with the official	68031
with whom the ~~political party~~entity is required to file	68032
statements under division (E) of this section. The treasurer shall	68033
keep a strict account of all gifts required to be reported under	68034
this section. The secretary of state or board of elections, as the	68035
case may be, shall, if requested, issue a receipt for each	68036
statement filed under this section and preserve a record of the	68037
filing for at least six years. All such statements shall be open	68038
to public inspection in the office where they are filed, and shall	68039
be carefully preserved for a period of at least six years after	68040
the year in which they are filed.	68041

Sec. 3517.102. (A) Except as otherwise provided in section	68042
3517.103 of the Revised Code, as used in this section and sections	68043
3517.103 and 3517.104 of the Revised Code:	68044

(1) "Candidate" has the same meaning as in section 3517.01 of	68045
the Revised Code but includes only candidates for the offices of	68046
governor, lieutenant governor, secretary of state, auditor of	68047
state, treasurer of state, attorney general, member of the state	68048
board of education, member of the general assembly, chief justice	68049
of the supreme court, and justice of the supreme court.	68050

(2) "Statewide candidate" or "any one statewide candidate"	68051
means the joint candidates for the offices of governor and	68052
lieutenant governor or a candidate for the office of secretary of	68053
state, auditor of state, treasurer of state, attorney general,	68054
member of the state board of education, chief justice of the	68055
supreme court, or justice of the supreme court.	68056

(3) "Senate candidate" means a candidate for the office of	68057
state senator.	68058

(4) "House candidate" means a candidate for the office of	68059
state representative.	68060

(5)(a) "Primary election period" for a candidate begins on	68061
the beginning date of the candidate's pre-filing period specified	68062
in division (A)(9) of section 3517.109 of the Revised Code and	68063
ends on the day of the primary election.	68064

(b) In regard to any candidate, the "general election period"	68065
begins on the day after the primary election immediately preceding	68066
the general election at which the candidate seeks an office	68067
specified in division (A)(1) of this section and ends on the	68068
thirty-first day of December following that general election.	68069

(6) "State candidate fund" means the state candidate fund	68070
established by a state or county political party under division	68071
(D)(3)(c) of section 3517.10 of the Revised Code.	68072

(7) "Postgeneral election statement" means the statement	68073
filed under division (A)(2) of section 3517.10 of the Revised Code	68074
by the campaign committee of a candidate after the general	68075
election in which the candidate ran for office or filed by	68076
legislative campaign fund after the general election in an	68077
even-numbered year.	68078

(8) "Contribution" means any contribution that is required to	68079
be reported in the statement of contributions under section	68080
3517.10 of the Revised Code.	68081

(9)(a) Except as otherwise provided in division (A)(9)(b) of	68082
this section ~~and in division (F) of section 3517.103 and division~~	68083
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	68084
state campaign committee" means:	68085

(i) In the case of contributions to or from a state political	68086
party, a campaign committee of a statewide candidate, statewide	68087
officeholder, senate candidate, house candidate, or member of the	68088
general assembly.	68089

(ii) In the case of contributions to or from a county	68090
political party, a campaign committee of a senate candidate or	68091
house candidate whose candidacy is to be submitted to some or all	68092
of the electors in that county, or member of the general assembly	68093
whose district contains all or part of that county.	68094

(iii) In the case of contributions to or from a legislative	68095
campaign fund, a campaign committee of any of the following:	68096

(I) A senate or house candidate who, if elected, will be a	68097
member of the same party that established the legislative campaign	68098
fund and the same house with which the legislative campaign fund	68099
is associated;	68100

(II) A state senator or state representative who is a member	68101
of the same party that established the legislative campaign fund	68102
and the same house with which the legislative campaign fund is	68103
associated.	68104

(b) A campaign committee is no longer a "designated state	68105
campaign committee" after the campaign committee's candidate	68106
changes the designation of treasurer required to be filed under	68107
division (D)(1) of section 3517.10 of the Revised Code to indicate	68108
that the person intends to be a candidate for, or becomes a	68109
candidate for nomination or election to, any office that, if	68110
elected, would not qualify that candidate's campaign committee as	68111
a "designated state campaign committee" under division (A)(9)(a)	68112
of this section.	68113

(B)(1)(a) No individual who is seven years of age or older	68114
shall make a contribution or contributions aggregating more than:	68115

(i) Ten thousand dollars to the campaign committee of any one	68116
statewide candidate in a primary election period or in a general	68117
election period;	68118

(ii) Ten thousand dollars to the campaign committee of any	68119
one senate candidate in a primary election period or in a general	68120
election period;	68121

(iii) Ten thousand dollars to the campaign committee of any	68122
one house candidate in a primary election period or in a general	68123
election period;	68124

(iv) Ten thousand dollars to a county political party of the	68125
county in which the individual's designated Ohio residence is	68126
located for the party's state candidate fund in a calendar year;	68127

(v) Fifteen thousand dollars to any one legislative campaign	68128
fund in a calendar year;	68129

(vi) Thirty thousand dollars to any one state political party	68130
for the party's state candidate fund in a calendar year;	68131

(vii) Ten thousand dollars to any one political action	68132
committee in a calendar year;	68133

(viii) Ten thousand dollars to any one political contributing	68134
entity in a calendar year.	68135

(b) No individual shall make a contribution or contributions	68136
to the state candidate fund of a county political party of any	68137
county other than the county in which the individual's designated	68138
Ohio residence is located.	68139

(c) No individual who is under seven years of age shall make	68140
any contribution.	68141

(2)(a) Subject to division (D)(1) of this section, no	68142
political action committee shall make a contribution or	68143
contributions aggregating more than:	68144

(i) Ten thousand dollars to the campaign committee of any one	68145
statewide candidate in a primary election period or in a general	68146
election period;	68147

(ii) Ten thousand dollars to the campaign committee of any	68148
one senate candidate in a primary election period or in a general	68149
election period;	68150

(iii) Ten thousand dollars to the campaign committee of any	68151
one house candidate in a primary election period or in a general	68152
election period;	68153

(iv) Fifteen thousand dollars to any one legislative campaign	68154
fund in a calendar year;	68155

(v) Thirty thousand dollars to any one state political party	68156
for the party's state candidate fund in a calendar year;	68157

(vi) Ten thousand dollars to another political action	68158
committee or to a political contributing entity in a calendar	68159
year. This division does not apply to a political action committee	68160
that makes a contribution to a political action committee or a	68161
political contributing entity affiliated with it. For purposes of	68162
this division, a political action committee is affiliated with	68163
another political action committee or with a political	68164
contributing entity if they are both established, financed,	68165
maintained, or controlled by, or if they are, the same	68166
corporation, organization, labor organization, continuing	68167
association, or other person, including any parent, subsidiary,	68168
division, or department of that corporation, organization, labor	68169
organization, continuing association, or other person.	68170

(b) No political action committee shall make a contribution	68171
or contributions to a county political party for the party's state	68172
candidate fund.	68173

(3) No campaign committee shall make a contribution or	68174
contributions aggregating more than:	68175

(a) Ten thousand dollars to the campaign committee of any one	68176
statewide candidate in a primary election period or in a general	68177
election period;	68178

(b) Ten thousand dollars to the campaign committee of any one	68179
senate candidate in a primary election period or in a general	68180
election period;	68181

(c) Ten thousand dollars to the campaign committee of any one	68182
house candidate in a primary election period or in a general	68183
election period;	68184

(d) Ten thousand dollars to any one political action	68185
committee in a calendar year;	68186

(e) Ten thousand dollars to any one political contributing	68187
entity in a calendar year.	68188

(4)(a) Subject to division (D)(3) of this section, no	68189
political party shall make a contribution or contributions	68190
aggregating more than ten thousand dollars to any one political	68191
action committee or to any one political contributing entity in a	68192
calendar year.	68193

(b) No county political party shall make a contribution or	68194
contributions to another county political party.	68195

(5)(a) Subject to division (B)(5)(b) of this section, no	68196
campaign committee, other than a designated state campaign	68197
committee, shall make a contribution or contributions aggregating	68198
in a calendar year more than:	68199

(i) Thirty thousand dollars to any one state political party	68200
for the party's state candidate fund;	68201

(ii) Fifteen thousand dollars to any one legislative campaign	68202
fund;	68203

(iii) Ten thousand dollars to any one county political party	68204
for the party's state candidate fund.	68205

(b) No campaign committee shall make a contribution or	68206
contributions to a county political party for the party's state	68207
candidate fund unless one of the following applies:	68208

(i) The campaign committee's candidate will appear on a	68209
ballot in that county.	68210

(ii) The campaign committee's candidate is the holder of an	68211
elected public office that represents all or part of the	68212
population of that county at the time the contribution is made.	68213

(6)(a) No state candidate fund of a county political party	68214
shall make a contribution or contributions, except a contribution	68215
or contributions to a designated state campaign committee, in a	68216
primary election period or a general election period, aggregating	68217
more than:	68218

(i) Two hundred fifty thousand dollars to the campaign	68219
committee of any one statewide candidate;	68220

(ii) Ten thousand dollars to the campaign committee of any	68221
one senate candidate;	68222

(iii) Ten thousand dollars to the campaign committee of any	68223
one house candidate.	68224

(b)(i) No state candidate fund of a state or county political	68225
party shall make a transfer or a contribution or transfers or	68226
contributions of cash or cash equivalents to a designated state	68227
campaign committee in a primary election period or in a general	68228
election period aggregating more than:	68229

(I) Five hundred thousand dollars to the campaign committee	68230
of any one statewide candidate;	68231

(II) One hundred thousand dollars to the campaign committee	68232
of any one senate candidate;	68233

(III) Fifty thousand dollars to the campaign committee of any	68234
one house candidate.	68235

(ii) No legislative campaign fund shall make a transfer or a	68236
contribution or transfers or contributions of cash or cash	68237
equivalents to a designated state campaign committee aggregating	68238
more than:	68239

(I) Fifty thousand dollars in a primary election period or	68240
one hundred thousand dollars in a general election period to the	68241
campaign committee of any one senate candidate;	68242

(II) Twenty-five thousand dollars in a primary election	68243
period or fifty thousand dollars in a general election period to	68244
the campaign committee of any one house candidate.	68245

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	68246
section, "transfer or contribution of cash or cash equivalents"	68247
does not include any in-kind contributions.	68248

(c) A county political party that has no state candidate fund	68249
and that is located in a county having a population of less than	68250
one hundred fifty thousand may make one or more contributions from	68251
other accounts to any one statewide candidate or to any one	68252
designated state campaign committee that do not exceed, in the	68253
aggregate, two thousand five hundred dollars in any primary	68254
election period or general election period. As used in this	68255
division, "other accounts" does not include an account that	68256
contains the public moneys received from the Ohio political party	68257
fund under section 3517.17 of the Revised Code.	68258

(d) No legislative campaign fund shall make a contribution,	68259
other than to a designated state campaign committee or to the	68260
state candidate fund of a political party.	68261

(7)(a) Subject to division (D)(1) of this section, no	68262
political contributing entity shall make a contribution or	68263
contributions aggregating more than:	68264

(i) Ten thousand dollars to the campaign committee of any one	68265
statewide candidate in a primary election period or in a general	68266
election period;	68267

(ii) Ten thousand dollars to the campaign committee of any	68268
one senate candidate in a primary election period or in a general	68269
election period;	68270

(iii) Ten thousand dollars to the campaign committee of any	68271
one house candidate in a primary election period or in a general	68272
election period;	68273

(iv) Fifteen thousand dollars to any one legislative campaign	68274
fund in a calendar year;	68275

(v) Thirty thousand dollars to any one state political party	68276
for the party's state candidate fund in a calendar year;	68277

(vi) Ten thousand dollars to another political contributing	68278
entity or to a political action committee in a calendar year. This	68279
division does not apply to a political contributing entity that	68280
makes a contribution to a political contributing entity or a	68281
political action committee affiliated with it. For purposes of	68282
this division, a political contributing entity is affiliated with	68283
another political contributing entity or with a political action	68284
committee if they are both established, financed, maintained, or	68285
controlled by, or if they are, the same corporation, organization,	68286
labor organization, continuing association, or other person,	68287
including any parent, subsidiary, division, or department of that	68288
corporation, organization, labor organization, continuing	68289
association, or other person.	68290

(b) No political contributing entity shall make a	68291
contribution or contributions to a county political party for the	68292
party's state candidate fund.	68293

(C)(1)(a) Subject to division (D)(1) of this section, no	68294
campaign committee of a statewide candidate shall do any of the	68295
following:	68296

(i) Knowingly accept a contribution or contributions from any	68297
individual who is under seven years of age;	68298

(ii) Accept a contribution or contributions aggregating more	68299
than ten thousand dollars from any one individual who is seven	68300
years of age or older, from any one political action committee,	68301
from any one political contributing entity, or from any one other	68302
campaign committee in a primary election period or in a general	68303
election period;	68304

(iii) Accept a contribution or contributions aggregating more	68305
than two hundred fifty thousand dollars from any one or	68306
combination of state candidate funds of county political parties	68307
in a primary election period or in a general election period.	68308

(b) No campaign committee of a statewide candidate shall	68309
accept a contribution or contributions aggregating more than two	68310
thousand five hundred dollars in a primary election period or in a	68311
general election period from a county political party that has no	68312
state candidate fund and that is located in a county having a	68313
population of less than one hundred fifty thousand.	68314

(2)(a) Subject to division (D)(1) of this section and except	68315
for a designated state campaign committee, no campaign committee	68316
of a senate candidate shall do either of the following:	68317

(i) Knowingly accept a contribution or contributions from any	68318
individual who is under seven years of age;	68319

(ii) Accept a contribution or contributions aggregating more	68320
than ten thousand dollars from any one individual who is seven	68321
years of age or older, from any one political action committee,	68322
from any one political contributing entity, from any one state	68323
candidate fund of a county political party, or from any one other	68324
campaign committee in a primary election period or in a general	68325
election period.	68326

(b) No campaign committee of a senate candidate shall accept	68327
a contribution or contributions aggregating more than two thousand	68328
five hundred dollars in a primary election period or in a general	68329
election period from a county political party that has no state	68330
candidate fund and that is located in a county having a population	68331
of less than one hundred fifty thousand.	68332

(3)(a) Subject to division (D)(1) of this section and except	68333
for a designated state campaign committee, no campaign committee	68334
of a house candidate shall do either of the following:	68335

(i) Knowingly accept a contribution or contributions from any	68336
individual who is under seven years of age;	68337

(ii) Accept a contribution or contributions aggregating more	68338
than ten thousand dollars from any one individual who is seven	68339
years of age or older, from any one political action committee,	68340
from any one political contributing entity, from any one state	68341
candidate fund of a county political party, or from any one other	68342
campaign committee in a primary election period or in a general	68343
election period.	68344

(b) No campaign committee of a house candidate shall accept a	68345
contribution or contributions aggregating more than two thousand	68346
five hundred dollars in a primary election period or in a general	68347
election period from a county political party that has no state	68348
candidate fund and that is located in a county having a population	68349
of less than one hundred fifty thousand.	68350

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	68351
and except for a designated state campaign committee, no county	68352
political party shall knowingly accept a contribution or	68353
contributions from any individual who is under seven years of age,	68354
or accept a contribution or contributions for the party's state	68355
candidate fund aggregating more than ten thousand dollars from any	68356
one individual whose designated Ohio residence is located within	68357
that county and who is seven years of age or older or from any one	68358
campaign committee in a calendar year.	68359

(ii) Subject to division (D)(1) of this section, no county	68360
political party shall accept a contribution or contributions for	68361
the party's state candidate fund from any individual whose	68362
designated Ohio residence is located outside of that county and	68363
who is seven years of age or older, from any campaign committee	68364
unless the campaign committee's candidate will appear on a ballot	68365
in that county or unless the campaign committee's candidate is the	68366
holder of an elected public office that represents all or part of	68367
the population of that county at the time the contribution is	68368
accepted, or from any political action committee or any political	68369
contributing entity.	68370

(iii) No county political party shall accept a contribution	68371
or contributions from any other county political party.	68372

(b) Subject to division (D)(1) of this section, no state	68373
political party shall do either of the following:	68374

(i) Knowingly accept a contribution or contributions from any	68375
individual who is under seven years of age;	68376

(ii) Accept a contribution or contributions for the party's	68377
state candidate fund aggregating more than thirty thousand dollars	68378
from any one individual who is seven years of age or older, from	68379
any one political action committee, from any one political	68380
contributing entity, or from any one campaign committee, other	68381
than a designated state campaign committee, in a calendar year.	68382

(5) Subject to division (D)(1) of this section, no	68383
legislative campaign fund shall do either of the following:	68384

(a) Knowingly accept a contribution or contributions from any	68385
individual who is under seven years of age;	68386

(b) Accept a contribution or contributions aggregating more	68387
than fifteen thousand dollars from any one individual who is seven	68388
years of age or older, from any one political action committee,	68389
from any one political contributing entity, or from any one	68390
campaign committee, other than a designated state campaign	68391
committee, in a calendar year.	68392

(6)(a) No designated state campaign committee shall accept a	68393
transfer or contribution of cash or cash equivalents from a state	68394
candidate fund of a state political party aggregating in a primary	68395
election period or a general election period more than:	68396

(i) Five hundred thousand dollars, in the case of a campaign	68397
committee of a statewide candidate;	68398

(ii) One hundred thousand dollars, in the case of a campaign	68399
committee of a senate candidate;	68400

(iii) Fifty thousand dollars, in the case of a campaign	68401
committee of a house candidate.	68402

(b) No designated state campaign committee shall accept a	68403
transfer or contribution of cash or cash equivalents from a	68404
legislative campaign fund aggregating more than:	68405

(i) Fifty thousand dollars in a primary election period or	68406
one hundred thousand dollars in a general election period, in the	68407
case of a campaign committee of a senate candidate;	68408

(ii) Twenty-five thousand dollars in a primary election	68409
period or fifty thousand dollars in a general election period, in	68410
the case of a campaign committee of a house candidate.	68411

(c) No campaign committee of a candidate for the office of	68412
member of the general assembly, including a designated state	68413
campaign committee, shall accept a transfer or contribution of	68414
cash or cash equivalents from any one or combination of state	68415
candidate funds of county political parties aggregating in a	68416
primary election period or a general election period more than:	68417

(i) One hundred thousand dollars, in the case of a campaign	68418
committee of a senate candidate;	68419

(ii) Fifty thousand dollars, in the case of a campaign	68420
committee of a house candidate.	68421

(7)(a) Subject to division (D)(3) of this section, no	68422
political action committee and no political contributing entity	68423
shall do either of the following:	68424

(i) Knowingly accept a contribution or contributions from any	68425
individual who is under seven years of age;	68426

(ii) Accept a contribution or contributions aggregating more	68427
than ten thousand dollars from any one individual who is seven	68428
years of age or older, from any one campaign committee, or from	68429
any one political party in a calendar year.	68430

(b) Subject to division (D)(1) of this section, no political	68431
action committee shall accept a contribution or contributions	68432
aggregating more than ten thousand dollars from another political	68433
action committee or from a political contributing entity in a	68434
calendar year. Subject to division (D)(1) of this section, no	68435
political contributing entity shall accept a contribution or	68436
contributions aggregating more than ten thousand dollars from	68437
another political contributing entity or from a political action	68438
committee in a calendar year. This division does not apply to a	68439
political action committee or political contributing entity that	68440
accepts a contribution from a political action committee or	68441
political contributing entity affiliated with it. For purposes of	68442
this division, a political action committee is affiliated with	68443
another political action committee or with a political	68444
contributing entity if they are both established, financed,	68445
maintained, or controlled by the same corporation, organization,	68446
labor organization, continuing association, or other person,	68447
including any parent, subsidiary, division, or department of that	68448
corporation, organization, labor organization, continuing	68449
association, or other person.	68450

(D)(1)(a) For purposes of the limitations prescribed in	68451
division (B)(2) of this section and the limitations prescribed in	68452
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	68453
whichever is applicable, all contributions made by and all	68454
contributions accepted from political action committees that are	68455
established, financed, maintained, or controlled by, or that are,	68456
the same corporation, organization, labor organization, continuing	68457
association, or other person, including any parent, subsidiary,	68458
division, or department of that corporation, organization, labor	68459
organization, continuing association, or other person, are	68460
considered to have been made by or accepted from a single	68461
political action committee.	68462

(b) For purposes of the limitations prescribed in division	68463
(B)(7) of this section and the limitations prescribed in divisions	68464
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	68465
is applicable, all contributions made by and all contributions	68466
accepted from political contributing entities that are	68467
established, financed, maintained, or controlled by, or that are,	68468
the same corporation, organization, labor organization, continuing	68469
association, or other person, including any parent, subsidiary,	68470
division, or department of that corporation, organization, labor	68471
organization, continuing association, or other person, are	68472
considered to have been made by or accepted from a single	68473
political contributing entity.	68474

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	68475
(B)(4)(a), and (C)(7) of this section, "political action	68476
committee" does not include a political action committee that is	68477
organized to support or oppose a ballot issue or question and that	68478
makes no contributions to or expenditures on behalf of a political	68479
party, campaign committee, legislative campaign fund, political	68480
action committee, or political contributing entity. As used in	68481
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	68482
this section, "political contributing entity" does not include a	68483
political contributing entity that is organized to support or	68484
oppose a ballot issue or question and that makes no contributions	68485
to or expenditures on behalf of a political party, campaign	68486
committee, legislative campaign fund, political action committee,	68487
or political contributing entity.	68488

(3) For purposes of the limitations prescribed in divisions	68489
(B)(4) and (C)(7)(a) of this section, all contributions made by	68490
and all contributions accepted from a national political party, a	68491
state political party, and a county political party are considered	68492
to have been made by or accepted from a single political party and	68493
shall be combined with each other to determine whether the	68494
limitations have been exceeded.	68495

(E)(1) If a legislative campaign fund has kept a total amount	68496
of contributions exceeding one hundred fifty thousand dollars at	68497
the close of business on the seventh day before the postgeneral	68498
election statement is required to be filed under section 3517.10	68499
of the Revised Code, the legislative campaign fund shall comply	68500
with division (E)(2) of this section.	68501

(2)(a) Any legislative campaign fund that has kept a total	68502
amount of contributions in excess of the amount specified in	68503
division (E)(1) of this section at the close of business on the	68504
seventh day before the postgeneral election statement is required	68505
to be filed under section 3517.10 of the Revised Code shall	68506
dispose of the excess amount in the manner prescribed in division	68507
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	68508
days after the day the postgeneral election statement is required	68509
to be filed under section 3517.10 of the Revised Code. Any	68510
legislative campaign fund that is required to dispose of an excess	68511
amount of contributions under this division shall file a statement	68512
on the ninetieth day after the postgeneral election statement is	68513
required to be filed under section 3517.10 of the Revised Code	68514
indicating the total amount of contributions the fund has at the	68515
close of business on the seventh day before the postgeneral	68516
election statement is required to be filed under section 3517.10	68517
of the Revised Code and that the excess contributions were	68518
disposed of pursuant to this division and division (E)(2)(b) of	68519
this section. The statement shall be on a form prescribed by the	68520
secretary of state and shall contain any additional information	68521
the secretary of state considers necessary.	68522

(b) Any legislative campaign fund that is required to dispose	68523
of an excess amount of contributions under division (E)(2) of this	68524
section shall dispose of that excess amount by doing any of the	68525
following:	68526

(i) Giving the amount to the treasurer of state for deposit	68527
into the state treasury to the credit of the Ohio elections	68528
commission fund created by division (I) of section 3517.152 of the	68529
Revised Code;	68530

(ii) Giving the amount to individuals who made contributions	68531
to that legislative campaign fund as a refund of all or part of	68532
their contributions;	68533

(iii) Giving the amount to a corporation that is exempt from	68534
federal income taxation under subsection 501(a) and described in	68535
subsection 501(c) of the Internal Revenue Code.	68536

(F)(1) No legislative campaign fund shall fail to file a	68537
statement required by division (E) of this section.	68538

(2) No legislative campaign fund shall fail to dispose of	68539
excess contributions as required by division (E) of this section.	68540

(G) Nothing in this section shall affect, be used in	68541
determining, or supersede a limitation on campaign contributions	68542
as provided for in the Federal Election Campaign Act.	68543

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

68544

~~(a)~~(1) "Statewide candidate" means the joint candidates for	68545
the offices of governor and lieutenant governor or a candidate for	68546
the office of secretary of state, auditor of state, treasurer of	68547
state, attorney general, or member of the state board of	68548
education.	68549

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	68550
campaign committee of a candidate by the candidate ~~or by the~~	68551
~~candidate's spouse, parents, children, sons-in-law,~~	68552
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	68553
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	68554
~~marriage~~.	68555

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	68556
of a statewide candidate, senate candidate, or house candidate	68557
shall be considered "personal funds" subject to the provisions of	68558
this section ~~and section 3517.1010 of the Revised Code~~ to the	68559
extent that the loan is obtained or guaranteed by the candidate or	68560
~~is for the benefit of the candidate and is obtained or guaranteed~~	68561
~~by the candidate's spouse, parents, children, sons-in-law,~~	68562
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	68563
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	68564
~~marriage~~. A loan that is obtained or guaranteed and that is for	68565
the benefit of a statewide candidate, senate candidate, or house	68566
candidate shall not be considered "personal funds" for the	68567
purposes of this section ~~and section 3517.1010 of the Revised Code~~	68568
but shall be considered to be a "contribution" for the purposes of	68569
this chapter if the loan is obtained or guaranteed by anyone other	68570
than the candidate ~~or the candidate's spouse, parents, children,~~	68571
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	68572
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	68573
~~grandparents by marriage~~.	68574

~~(iii)~~(c) When a debt or other obligation incurred by a	68575
committee or by a candidate on behalf of the candidate's committee	68576
~~described in division (C)(1) or (2) of this section~~ is to be paid	68577
from "personal funds," those funds are considered to be expended	68578
when the debt or other obligation is incurred, regardless of when	68579
it is paid.	68580

~~(2) For purposes of this chapter, a candidate is an~~	68581
~~"opponent" when the candidate has indicated on the candidate's~~	68582
~~most recently filed designation of treasurer that the candidate~~	68583
~~seeks the same office at the same primary or general election as~~	68584
~~another candidate whose campaign committee has filed a personal~~	68585
~~funds notice required by division (C)(1) or (2) of this section.~~	68586

(B)(1) Except as otherwise provided in division (B)(2) of	68587
this section, no statewide candidate or candidate for the office	68588
of member of the general assembly shall make an expenditure of	68589
personal funds to influence the results of an election for that	68590
candidate's nomination or election to office unless the personal	68591
funds are first deposited into the campaign fund of that	68592
candidate's campaign committee.	68593

(2) A statewide candidate or candidate for the office of	68594
member of the general assembly may make an expenditure of personal	68595
funds without first depositing those funds into the campaign	68596
committee's funds as long as the aggregate total of those	68597
expenditures does not exceed five hundred dollars at any time	68598
during an election period. After the candidate's campaign	68599
committee reimburses the candidate for any direct expenditure of	68600
personal funds, the amount that was reimbursed is no longer	68601
included in the aggregate total of expenditures of personal funds	68602
subject to the five-hundred-dollar limit.	68603

~~(C)(1) If the campaign committee of any statewide candidate~~	68604
~~has received or expended or expects to expend more than one~~	68605
~~hundred thousand dollars of personal funds during a primary~~	68606
~~election period or one hundred fifty thousand dollars of personal~~	68607
~~funds during a general election period, the campaign committee~~	68608
~~shall file a personal funds notice in the manner provided in~~	68609
~~division (C)(3) of this section indicating that the committee has~~	68610
~~received or expended or expects to expend more than that amount.~~	68611
~~For the purpose of this division, a joint team of candidates for~~	68612
~~governor and lieutenant governor shall be considered a single~~	68613
~~candidate and their personal funds shall be combined.~~	68614

~~(2) If the campaign committee of any senate candidate or~~	68615
~~house candidate has received or expended or expects to expend more~~	68616
~~than twenty-five thousand dollars of personal funds during a~~	68617
~~primary election period or twenty-five thousand dollars of~~	68618
~~personal funds during a general election period, the campaign~~	68619
~~committee shall file a personal funds notice in the manner~~	68620
~~provided in division (C)(3) of this section indicating that the~~	68621
~~committee has received or expended or expects to expend more than~~	68622
~~that amount.~~	68623

~~(3) The personal funds notice required in divisions (C)(1)~~	68624
~~and (2) of this section and the declaration of no limits required~~	68625
~~under division (D)(2) of this section shall be on a form~~	68626
~~prescribed by the secretary of state. The personal funds notice~~	68627
~~required in divisions (C)(1) and (2) of this section shall be~~	68628
~~filed not later than the earlier of the following times:~~	68629

~~(a) One hundred twenty days before a primary election, in the~~	68630
~~case of personal funds received, expended, or expected to be~~	68631
~~expended during a primary election period, or not later than one~~	68632
~~hundred twenty days before a general election, in the case of~~	68633
~~personal funds received, expended, or expected to be expended~~	68634
~~during a general election period;~~	68635

~~(b) Two business days after the candidate's campaign~~	68636
~~committee receives or makes an expenditure of personal funds or~~	68637
~~the candidate makes an expenditure of personal funds on behalf of~~	68638
~~the candidate's campaign committee during that election period~~	68639
~~that exceed, in the aggregate, the amount specified in division~~	68640
~~(C)(1) or (2) of this section.~~	68641

~~The personal funds notice required under divisions (C)(1) and~~	68642
~~(2) of this section and the declaration of no limits required~~	68643
~~under division (D)(2) of this section shall be filed wherever the~~	68644
~~campaign committee files statements of contributions and~~	68645
~~expenditures under section 3517.11 of the Revised Code. The board~~	68646
~~of elections shall send to the secretary of state a copy of any~~	68647
~~personal funds notice or declaration of no limits filed by the~~	68648
~~campaign committee of a senate candidate or house candidate under~~	68649
~~division (C)(3) or (D)(2) of this section.~~	68650

~~(D)(1) Whenever a campaign committee files a notice under~~	68651
~~division (C)(1) or (2) of this section, and the campaign committee~~	68652
~~of an opponent files a declaration of no limits pursuant to~~	68653
~~division (D)(2) of this section within thirty days of the filing~~	68654
~~of the personal funds notice under division (C)(1) or (2) of this~~	68655
~~section, the contribution limitations prescribed in section~~	68656
~~3517.102 of the Revised Code no longer apply to the campaign~~	68657
~~committee of the candidate's opponent.~~	68658

~~(2) No campaign committee of a candidate described in~~	68659
~~division (D)(1) of this section shall accept any contribution or~~	68660
~~contributions from a contributor that exceed the limitations~~	68661
~~prescribed in section 3517.102 of the Revised Code until the~~	68662
~~committee files a declaration that the committee will accept~~	68663
~~contributions that exceed those limitations. This declaration~~	68664
~~shall be filed not later than thirty days after a candidate's~~	68665
~~opponent has filed a personal funds notice pursuant to division~~	68666
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	68667
~~referred to as the "declaration of no limits," and shall list all~~	68668
~~of the following:~~	68669

~~(a) The amount of cash on hand in the candidate's campaign~~	68670
~~fund at the end of the day immediately preceding the day on which~~	68671
~~the candidate's campaign committee files the declaration of no~~	68672
~~limits;~~	68673

~~(b) The value and description of all campaign assets worth~~	68674
~~five hundred dollars or more available to the candidate at the end~~	68675
~~of the day immediately preceding the day on which the candidate's~~	68676
~~campaign committee files the declaration of no limits.~~	68677

~~(3) A candidate who was not an opponent of a candidate who~~	68678
~~filed the personal funds notice required under division (C)(3) of~~	68679
~~this section on the date the personal funds notice was filed may~~	68680
~~file the declaration of no limits pursuant to division (D)(2) of~~	68681
~~this section within thirty days after becoming an opponent of the~~	68682
~~candidate who filed the personal funds notice.~~	68683

~~(4) If the candidate whose campaign committee filed a~~	68684
~~personal funds notice under division (C)(1) or (2) of this section~~	68685
~~fails to file a declaration of candidacy for the office listed on~~	68686
~~the designation of treasurer filed under division (D) of section~~	68687
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	68688
~~nominating petition for that office and dies or withdraws, both of~~	68689
~~the following apply to the campaign committee of that candidate's~~	68690
~~opponent if the opponent has filed a declaration of no limits~~	68691
~~pursuant to division (D) of this section:~~	68692

~~(a) No contribution from a contributor may thereafter be~~	68693
~~accepted that, when added to the aggregate total of all~~	68694
~~contributions received by that committee from that contributor~~	68695
~~during the primary election period or general election period,~~	68696
~~whichever is applicable, would cause that committee to exceed the~~	68697
~~contribution limitations prescribed in section 3517.102 of the~~	68698
~~Revised Code for the applicable election period.~~	68699

~~(b) The statement of primary-day finances or the year-end~~	68700
~~statement required to be filed under division (E) of section~~	68701
~~3517.1010 of the Revised Code shall be filed not later than~~	68702
~~fourteen days after the date the candidate's opponent fails to~~	68703
~~file a declaration of candidacy or nominating petition by the~~	68704
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	68705
~~calculating permitted funds under division (A)(4) of section~~	68706
~~3517.1010 of the Revised Code, the primary or general election~~	68707
~~period, whichever is applicable, shall be considered to have ended~~	68708
~~on the filing deadline, in the case of an opponent who fails to~~	68709
~~file a declaration of candidacy or nominating petition, or on the~~	68710
~~date of the opponent's death or withdrawal. In such an event, the~~	68711
~~filing of a statement of primary-day finances or year-end finances~~	68712
~~and the disposing of any excess funds as required under division~~	68713
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	68714
~~candidate's obligation to file such a statement for that election~~	68715
~~period.~~	68716

~~(E)(1) No campaign committee shall fail to file a personal~~	68717
~~funds notice as required under division (C)(1) or (2) of this~~	68718
~~section.~~	68719

~~(2) No campaign committee shall accept any contribution in~~	68720
~~excess of the contribution limitations prescribed in section~~	68721
~~3517.102 of the Revised Code:~~	68722

~~(a) Unless a declaration of no limits has been filed under~~	68723
~~division (D)(2) of this section;~~	68724

~~(b) In violation of division (D)(4) of this section once the~~	68725
~~candidate who filed a personal funds notice under division (C)(3)~~	68726
~~of this section fails to file a declaration of candidacy or~~	68727
~~nominating petition or that candidate dies or withdraws.~~	68728

~~(3) No campaign committee that violates division (E)(1) of~~	68729
~~this section shall expend any personal funds in excess of the~~	68730
~~amount specified in division (C)(1) or (2) of this section,~~	68731
~~whichever is appropriate to the committee.~~	68732

~~(4) The candidate of any campaign committee that violates~~	68733
~~division (E) of this section shall forfeit the candidate's~~	68734
~~nomination, if the candidate was nominated, or the office to which~~	68735
~~the candidate was elected, if the candidate was elected to office.~~	68736

~~(F)(1) Whenever a campaign committee files a notice under~~	68737
~~division (C)(1) or (2) of this section or whenever the~~	68738
~~contribution limitations prescribed in section 3517.102 of the~~	68739
~~Revised Code do not apply to a campaign committee under division~~	68740
~~(D)(1) of this section, that committee is not a designated state~~	68741
~~campaign committee for the purpose of the limitations prescribed~~	68742
~~in section 3517.102 of the Revised Code with regard to~~	68743
~~contributions made by that campaign committee to a legislative~~	68744
~~campaign fund or to a state candidate fund of a state or county~~	68745
~~political party.~~	68746

~~(2) Division (F)(1) of this section no longer applies to a~~	68747
~~campaign committee after both of the following occur:~~	68748

~~(a) The primary or general election period during which the~~	68749
~~contribution limitations prescribed in section 3517.102 of the~~	68750
~~Revised Code did not apply after being removed pursuant to~~	68751
~~division (D) of this section has expired;~~	68752

~~(b) When the campaign committee has disposed of all excess~~	68753
~~funds and excess aggregate contributions as required under section~~	68754
~~3517.1010 of the Revised Code.~~	68755

Sec. 3517.153. (A) Upon the filing of a complaint with the	68756
Ohio elections commission, which shall be made by affidavit of any	68757
person, on personal knowledge, and subject to the penalties for	68758
perjury, or upon the filing of a complaint made by the secretary	68759
of state or an official at the board of elections, setting forth a	68760
failure to comply with or a violation of any provision in sections	68761
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	68762
or 3599.031 of the Revised Code, the commission shall proceed in	68763
accordance with sections 3517.154 to 3517.157 of the Revised Code.	68764

(B) The commission shall prescribe the form for complaints	68765
made under division (A) of this section. The secretary of state	68766
and boards of elections shall furnish the information that the	68767
commission requests. The commission or a member of the commission	68768
may administer oaths, and the commission may issue subpoenas to	68769
any person in the state compelling the attendance of witnesses and	68770
the production of relevant papers, books, accounts, and reports.	68771
Section 101.42 of the Revised Code governs the issuance of	68772
subpoenas insofar as applicable. Upon the refusal of any person to	68773
obey a subpoena or to be sworn or to answer as a witness, the	68774
commission may apply to the court of common pleas of Franklin	68775
county under section 2705.03 of the Revised Code. The court shall	68776
hold proceedings in accordance with Chapter 2705. of the Revised	68777
Code.	68778

(C) No prosecution shall commence for a violation of a	68779
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	68780
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	68781
unless a complaint has been filed with the commission under this	68782
section and all proceedings of the commission or a panel of the	68783
commission, as appropriate, under sections 3517.154 to 3517.157 of	68784
the Revised Code are completed.	68785

(D) The commission may recommend legislation and render	68786
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	68787
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	68788
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	68789
over whose acts it has or may have jurisdiction. When the	68790
commission renders an advisory opinion relating to a specific set	68791
of circumstances involving any of those sections stating that	68792
there is no violation of a provision in those sections, the person	68793
to whom the opinion is directed or a person who is similarly	68794
situated may reasonably rely on the opinion and is immune from	68795
criminal prosecution and a civil action, including, without	68796
limitation, a civil action for removal from public office or	68797
employment, based on facts and circumstances covered by the	68798
opinion.	68799

(E) The commission shall establish a web site on which it	68800
shall post, at a minimum, all decisions and advisory opinions	68801
issued by the commission and copies of each election law as it is	68802
amended by the general assembly. The commission shall update the	68803
web site regularly to reflect any changes to those decisions and	68804
advisory opinions and any new decisions and advisory opinions.	68805

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	68806
elections commission shall review each complaint filed with the	68807
commission under section 3517.153 of the Revised Code, shall	68808
determine the nature of the complaint, and, unless division	68809
(A)(2)(a) of this section requires that the complaint receive an	68810
automatic expedited hearing, shall make a recommendation to the	68811
commission for its disposition, in accordance with this section.	68812
The attorney shall make the determination and the recommendation,	68813
if required, not later than one business day after the complaint	68814
is filed.	68815

(2)(a) If the attorney determines that the complaint sets	68816
forth a violation of division (B) of section 3517.21 or division	68817
(B) of section 3517.22 of the Revised Code and that the complaint	68818
is filed during one of the periods of time specified in division	68819
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	68820
~~complaint sets forth a violation of section 3517.103 of the~~	68821
~~Revised Code or a violation described in division (D) of section~~	68822
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	68823
automatic expedited hearing under section 3517.156 of the Revised	68824
Code.	68825

(b) If the attorney determines that the complaint sets forth	68826
a failure to comply with or a violation of division (G), (I), (J),	68827
(O), (P), or (Q) of section 3517.13, division (A) of section	68828
3517.21, or division (A) of section 3517.22 of the Revised Code	68829
and that the complaint is filed during one of the periods of time	68830
specified in division (B)(1) of section 3517.156 of the Revised	68831
Code, the attorney shall recommend to the commission that the	68832
complaint receive an expedited hearing under section 3517.156 of	68833
the Revised Code, and the complaint shall receive such a hearing.	68834

(c) If the attorney determines that the complaint sets forth	68835
a failure to comply with or a violation of a section of the	68836
Revised Code over which the commission has jurisdiction to hear	68837
complaints other than the sections described in divisions	68838
(A)(2)(a) and (b) of this section, and unless the attorney makes a	68839
determination as provided for in division (A)(3) of this section,	68840
the attorney shall recommend to the commission that the complaint	68841
be submitted to the commission under section 3517.155 of the	68842
Revised Code. After the attorney makes that recommendation, the	68843
attorney shall notify all parties to the complaint of the	68844
attorney's recommendation.	68845

(3)(a) If a complaint sets forth a failure to comply with or	68846
a violation of a section of the Revised Code over which the	68847
commission has jurisdiction to hear complaints other than the	68848
sections described in divisions (A)(2)(a) and (b) of this section	68849
and if the complaint is filed during one of the periods of time	68850
specified in division (B)(1) of section 3517.156 of the Revised	68851
Code, the attorney may determine that the complaint should receive	68852
an expedited hearing under that section. The attorney shall make	68853
that determination by considering one or more of the following:	68854

(i) The number of prior failures to comply with or violations	68855
of Title XXXV of the Revised Code that the person or entity	68856
against whom the complaint has been brought has committed and any	68857
prior penalties the commission has imposed on the person or	68858
entity;	68859

(ii) If the complaint involves a statement required to be	68860
filed under section 3517.10, division (E) of section 3517.102, or	68861
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	68862
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	68863
addendum required to be filed under section 3517.11 of the Revised	68864
Code that is filed late, how late the filing is and how much time	68865
has elapsed between the deadline for filing the statement or	68866
addendum and the filing of the complaint;	68867

(iii) If the complaint involves contributions and	68868
expenditures, contributions and disbursements, deposits and	68869
disbursements, gifts and disbursements, or donations and	68870
disbursements required to be reported under section 3517.10,	68871
division (E) of section 3517.102, or section 3517.105, 3517.107,	68872
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	68873
of the Revised Code that are either not reported or reported late,	68874
the number of contributions and expenditures, contributions and	68875
disbursements, deposits and disbursements, gifts and	68876
disbursements, or donations and disbursements not reported or how	68877
late they were reported;	68878

(iv) If the complaint involves contributions required to be	68879
reported by a campaign committee under section 3517.10, division	68880
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	68881
or 3517.109 of the Revised Code that are not reported, whether any	68882
of the contributors of the contributions not reported have a	68883
personal or professional relationship with the campaign	68884
committee's candidate;	68885

(v) If the complaint involves a statement required to be	68886
filed under section 3517.10, division (E) of section 3517.102, or	68887
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	68888
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	68889
that is incomplete, the degree to which it is incomplete;	68890

(vi) If the complaint involves the receipt of contributions	68891
in violation of section 3599.03 of the Revised Code, the dollar	68892
amount and number of contributions received in violation of that	68893
section;	68894

(vii) If the complaint involves a failure to make the	68895
identification or a misstatement of the identification required	68896
under section 3517.105 or 3517.20 of the Revised Code, whether the	68897
failure or misstatement was purposely made;	68898

(viii) If the complaint sets forth a failure to comply with	68899
or a violation of a section of the Revised Code described in	68900
division (A)(2)(c) of this section, whether the person or entity	68901
against whom the complaint has been made has committed more than	68902
one such failure or violation within a reasonable amount of time,	68903
or whether the cumulative nature of the failures or violations	68904
indicates a systematic disregard for the law.	68905

(b) Prior to making a determination under division (A)(3)(a)	68906
of this section that the complaint should receive an expedited	68907
hearing under section 3517.156 of the Revised Code, the attorney	68908
shall take into consideration the number of panels of the	68909
commission that have cases pending before them and the number of	68910
cases pending before the panels and shall not make a determination	68911
that will place an undue burden on a panel of the commission.	68912

(c) If the attorney determines that the complaint should	68913
receive an expedited hearing under section 3517.156 of the Revised	68914
Code, the attorney shall recommend to the commission that the	68915
complaint receive an expedited hearing, and, if a majority of the	68916
members of the commission agrees with the recommendation, the	68917
complaint shall receive an expedited hearing under that section.	68918

(4) The attorney may join two or more complaints if the	68919
attorney determines that the allegations in each complaint are of	68920
the same or similar character, are based on the same act or	68921
failure to act, or are based on two or more acts or failures to	68922
act constituting parts of a common scheme or plan. If one	68923
complaint contains two or more allegations, the attorney may	68924
separate the allegations if they are not of the same or similar	68925
character, if they are not based on the same act or failure to	68926
act, or if they are not based on two or more acts or failures to	68927
act constituting parts of a common scheme or plan. If the attorney	68928
separates the allegations in a complaint, the attorney may make	68929
separate recommendations under division (A)(2) or (3) of this	68930
section for each allegation.	68931

(B) Whenever a person or other entity files a complaint with	68932
the commission setting forth a failure to comply with or a	68933
violation of a section of the Revised Code as described in	68934
division (A)(2)(c) of this section and the complaint is filed	68935
during one of the periods of time specified in division (B)(1) of	68936
section 3517.156 of the Revised Code, the person or entity may	68937
request an expedited hearing under that section at the time the	68938
complaint is filed. The attorney for the commission shall inform	68939
the members of the commission of that request at the time the	68940
attorney makes a recommendation under division (A) of this	68941
section. The commission may grant the request for an expedited	68942
hearing under this division if it determines that an expedited	68943
hearing is practicable.	68944

Sec. 3517.155. (A)(1) Except as otherwise provided in	68945
division (B) of this section, the Ohio elections commission shall	68946
hold its first hearing on a complaint filed with it, other than a	68947
complaint that receives an expedited hearing under section	68948
3517.156 of the Revised Code, not later than ninety business days	68949
after the complaint is filed unless the commission has good cause	68950
to hold the hearing after that time, in which case it shall hold	68951
the hearing not later than one hundred eighty business days after	68952
the complaint is filed. At the hearing, the commission shall	68953
determine whether or not the failure to act or the violation	68954
alleged in the complaint has occurred and shall do only one of the	68955
following, except as otherwise provided in division (B) of this	68956
section or in division (B) of section 3517.151 of the Revised	68957
Code:	68958

(a) Enter a finding that good cause has been shown not to	68959
impose a fine or not to refer the matter to the appropriate	68960
prosecutor;	68961

(b) Impose a fine under section 3517.993 of the Revised Code;

68962

68963

~~(d) Direct the secretary of state or appropriate board of~~	68964
~~elections with the authority to certify a candidate to the ballot~~	68965
~~to remove a candidate's name from the ballot if the candidate is~~	68966
~~barred from the ballot under division (D) of section 3517.1010 of~~	68967
~~the Revised Code.~~	68968

(2) As used in division (A) of this section, "appropriate	68969
prosecutor" means a prosecutor as defined in section 2935.01 of	68970
the Revised Code and either of the following:	68971

(a) In the case of a failure to comply with or a violation of	68972
law involving a campaign committee or the committee's candidate, a	68973
political party, a legislative campaign fund, a political action	68974
committee, or a political contributing entity, that is required to	68975
file a statement of contributions and expenditures with the	68976
secretary of state under division (A) of section 3517.11 of the	68977
Revised Code, the prosecutor of Franklin county;	68978

(b) In the case of a failure to comply with or a violation of	68979
law involving any other campaign committee or committee's	68980
candidate, or any other political party, political action	68981
committee, or political contributing entity either of the	68982
following as determined by the commission:	68983

(i) The prosecutor of Franklin county;

68984

(ii) The prosecutor of the county in which the candidacy or	68985
ballot question or issue is submitted to the electors or, if it is	68986
submitted in more than one county, the most populous of those	68987
counties.	68988

(B) If the commission decides that the evidence is	68989
insufficient for it to determine whether or not the failure to act	68990
or the violation alleged in the complaint has occurred, the	68991
commission, by the affirmative vote of five members, may request	68992
that an investigatory attorney investigate the complaint. Upon	68993
that request, an investigatory attorney shall make an	68994
investigation in order to produce sufficient evidence for the	68995
commission to decide the matter. If the commission requests an	68996
investigation under this division, for good cause shown by the	68997
investigatory attorney, the commission may extend by sixty days	68998
the deadline for holding its first hearing on the complaint as	68999
required in division (A) of this section.	69000

(C) The commission shall take one of the actions required	69001
under division (A) of this section not later than thirty days	69002
after the close of all the evidence presented.	69003

(D)(1) The commission shall make any finding of a failure to	69004
comply with or a violation of law in regard to a complaint that	69005
alleges a violation of ~~division (D) of section 3517.1010,~~ division	69006
(A) or (B) of section 3517.21, or division (A) or (B) of section	69007
3517.22 of the Revised Code by clear and convincing evidence. The	69008
commission shall make any finding of a failure to comply with or a	69009
violation of law in regard to any other complaint by a	69010
preponderance of the evidence.	69011

(2) If the commission finds a violation of division (B) of	69012
section 3517.21 or division (B) of section 3517.22 of the Revised	69013
Code, it shall refer the matter to the appropriate prosecutor	69014
under division (A)(1)(c) of this section and shall not impose a	69015
fine under division (A)(1)(b) of this section or section 3517.993	69016
of the Revised Code.	69017

(E) In an action before the commission or a panel of the	69018
commission, if the allegations of the complainant are not proved,	69019
and the commission takes the action described in division	69020
(A)(1)(a) of this section or a panel of the commission takes the	69021
action described in division (C)(1) of section 3517.156 of the	69022
Revised Code, the commission or a panel of the commission may find	69023
that the complaint is frivolous, and, if the commission or panel	69024
so finds, the commission shall order the complainant to pay	69025
reasonable attorney's fees and to pay the costs of the commission	69026
or panel as determined by a majority of the members of the	69027
commission. The costs paid to the commission or panel under this	69028
division shall be deposited into the Ohio elections commission	69029
fund.	69030

Sec. 3517.20. (A)(1) As used in this section:

69031

(a) "Political publication for or against a candidate" means	69032
a notice, placard, advertisement, sample ballot, brochure, flyer,	69033
direct mailer, or other form of general publication that is	69034
designed to promote the nomination, election, or defeat of a	69035
candidate.	69036

(b) "Political publication for or against an issue" means a	69037
notice, placard, advertisement, sample ballot, brochure, flyer,	69038
direct mailer, or other form of general publication that is	69039
designed to promote the adoption or defeat of a ballot issue or	69040
question or to influence the voters in an election.	69041

(c) "Public political advertising" means newspapers,	69042
magazines, outdoor advertising facilities, direct mailings, or	69043
other similar types of general public political advertising, or	69044
flyers, handbills, or other nonperiodical printed matter.	69045

(d) "Statewide candidate" has the same meaning as in section	69046
3517.102 of the Revised Code.	69047

(e) "Legislative candidate" means a candidate for the office	69048
of member of the general assembly.	69049

(f) "Local candidate" means a candidate for an elective	69050
office of a political subdivision of this state.	69051

(g) "Legislative campaign fund" has the same meaning as in	69052
section 3517.01 of the Revised Code.	69053

(h) "Limited political action committee" means a political	69054
action committee of fewer than ten members.	69055

(i) "Limited political contributing entity" means a political	69056
contributing entity of fewer than ten members.	69057

(j) "Designated amount" means one hundred dollars in the case	69058
of a local candidate or a local ballot issue, two hundred fifty	69059
dollars in the case of a legislative candidate, or five hundred	69060
dollars in the case of a statewide candidate or a statewide ballot	69061
issue.	69062

(k) "To issue" includes to print, post, distribute, reproduce	69063
for distribution, or cause to be issued, printed, posted,	69064
distributed, or reproduced for distribution.	69065

(l) "Telephone bank" means more than five hundred telephone	69066
calls of an identical or substantially similar nature within any	69067
thirty-day period, whether those telephone calls are made by	69068
individual callers or by recording.	69069

(2)(a) No ~~candidate, legislative campaign fund,~~ political	69070
party, or other entity, except a political action committee, a	69071
political contributing entity, a candidate, a legislative campaign	69072
fund, or a campaign committee, shall issue a form of political	69073
publication for or against a candidate, or shall make an	69074
expenditure for the purpose of financing political communications	69075
in support of or opposition to a candidate through public	69076
political advertising, unless the name and residence or business	69077
address of the candidate or the chairperson, treasurer, or	69078
secretary of the legislative campaign fund, political party, or	69079
other entity that issues or otherwise is responsible for that	69080
political publication or that makes an expenditure for that	69081
political communication appears in a conspicuous place on that	69082
political publication or is contained within that political	69083
communication.	69084

(b) No candidate, legislative campaign fund, or campaign	69085
committee shall issue a form of political publication for or	69086
against a candidate, or shall make an expenditure for the purpose	69087
of financing political communications in support of or opposition	69088
to a candidate through public political advertising, unless the	69089
name of the ~~campaign committee~~entity appears in a conspicuous	69090
place on that political publication or is contained within that	69091
political communication.	69092

(3) No limited political action committee or limited	69093
political contributing entity shall do either of the following	69094
unless the name and residence or business address of the	69095
chairperson, treasurer, or secretary of the limited political	69096
action committee or limited political contributing entity involved	69097
appears in a conspicuous place in the political publication for or	69098
against a candidate described in division (A)(3)(a) of this	69099
section or is contained within the political communication	69100
described in division (A)(3)(b) of this section:	69101

(a) Issue a form of political publication for or against a	69102
candidate that costs in excess of the designated amount or that is	69103
issued in cooperation, consultation, or concert with, or at the	69104
request or suggestion of, a candidate, a campaign committee, a	69105
legislative campaign fund, a political party, a political action	69106
committee with ten or more members, a political contributing	69107
entity with ten or more members, or a limited political action	69108
committee or limited political contributing entity that spends in	69109
excess of the designated amount on a related or the same or	69110
similar political publication for or against a candidate;	69111

(b) Make an expenditure in excess of the designated amount in	69112
support of or opposition to a candidate or make an expenditure in	69113
cooperation, consultation, or concert with, or at the request or	69114
suggestion of, a candidate, a campaign committee, a legislative	69115
campaign fund, a political party, a political action committee	69116
with ten or more members, a political contributing entity with ten	69117
or more members, or a limited political action committee or	69118
limited political contributing entity that spends in excess of the	69119
designated amount in support of or opposition to the same	69120
candidate, for the purpose of financing political communications	69121
in support of or opposition to that candidate through public	69122
political advertising.	69123

(4) No political action committee with ten or more members	69124
and no political contributing entity with ten or more members	69125
shall issue a form of political publication for or against a	69126
candidate, or shall make an expenditure for the purpose of	69127
financing political communications in support of or opposition to	69128
a candidate through public political advertising, unless the name	69129
and residence or business address of the chairperson, treasurer,	69130
or secretary of the political action committee or political	69131
contributing entity that issues or otherwise is responsible for	69132
that political publication or that makes an expenditure for that	69133
political communication through public political advertising	69134
appears in a conspicuous place in that political publication or is	69135
contained within that political communication.	69136

(5)(a) No corporation, labor organization, ~~legislative~~	69137
~~campaign fund,~~ political party, or other entity, except a	69138
political action committee, a legislative campaign fund, or a	69139
campaign committee, shall issue a form of political publication	69140
for or against an issue, or shall make an expenditure for the	69141
purpose of financing political communications in support of or	69142
opposition to a ballot issue or question through public political	69143
advertising, unless the name and residence or business address of	69144
the chairperson, treasurer, or secretary of the corporation, labor	69145
organization, ~~legislative campaign fund,~~ political party, or other	69146
entity that issues or otherwise is responsible for that political	69147
publication or that makes an expenditure for that political	69148
communication through public political advertising appears in a	69149
conspicuous place in that political publication or is contained	69150
within that political communication.	69151

(b) No campaign committee or legislative campaign fund shall	69152
issue a form of political publication for or against an issue, or	69153
shall make an expenditure for the purpose of financing political	69154
communications in support of or opposition to a ballot issue or	69155
question through public political advertising, unless the name of	69156
the campaign committee or legislative campaign fund appears in a	69157
conspicuous place in that political publication or is contained	69158
within that political communication.	69159

(6) No limited political action committee shall do either of	69160
the following unless the name and residence or business address of	69161
the chairperson, treasurer, or secretary of the limited political	69162
action committee involved appears in a conspicuous place in the	69163
political publication for or against a ballot issue described in	69164
division (A)(6)(a) of this section or is contained within the	69165
political communication described in division (A)(6)(b) of this	69166
section:	69167

(a) Issue a form of political publication for or against a	69168
ballot issue that costs in excess of the designated amount or that	69169
is issued in cooperation, consultation, or concert with, or at the	69170
request or suggestion of, a candidate, a campaign committee, a	69171
legislative campaign fund, a political party, a political action	69172
committee with ten or more members, or a limited political action	69173
committee that spends in excess of the designated amount for a	69174
related or the same or similar political publication for or	69175
against an issue;	69176

(b) Make an expenditure in excess of the designated amount in	69177
support of or opposition to a ballot issue or make an expenditure	69178
in cooperation, consultation, or concert with, or at the request	69179
or suggestion of, a candidate, a campaign committee, a legislative	69180
campaign fund, a political party, a political action committee	69181
with ten or more members, or a limited political action committee	69182
that spends in excess of the designated amount in support of or	69183
opposition to the same ballot issue, for the purpose of financing	69184
political communications in support of or opposition to that	69185
ballot issue through public political advertising.	69186

(7) No political action committee with ten or more members	69187
shall issue a form of political publication for or against an	69188
issue, or shall make an expenditure for the purpose of financing	69189
political communications in support of or opposition to a ballot	69190
issue or question through public political advertising, unless the	69191
name and residence or business address of the chairperson,	69192
treasurer, or secretary of the political action committee that	69193
issues or otherwise is responsible for that political publication	69194
or that makes an expenditure for that political communication	69195
appears in a conspicuous place in that political publication or is	69196
contained within that political communication.	69197

(8) The disclaimer "paid political advertisement" is not	69198
sufficient to meet the requirements of this section.	69199

(9) If the political publication described in division (A) of	69200
this section is issued by the regularly constituted central or	69201
executive committee of a political party that is organized as	69202
provided in this chapter, it shall be sufficiently identified if	69203
it bears the name of the committee and its chairperson or	69204
treasurer.	69205

(10) If more than one piece of printed matter or printed	69206
political communications are mailed as a single packet, the	69207
requirements of division (A) of this section are met if one of the	69208
pieces of printed matter or printed political communications in	69209
the packet contains the name and residence or business address of	69210
the chairperson, treasurer, or secretary of the organization or	69211
entity that issues or is responsible for the printed matter or	69212
other printed political communications, except that if a campaign	69213
committee or legislative campaign fund mails more than one piece	69214
of printed matter or printed political communications as a single	69215
packet, the requirements of division (A) of this section are met	69216
if one of the pieces of printed matter or printed political	69217
communications in the packet contains the name of the campaign	69218
committee or legislative campaign fund.	69219

(11) This section does not apply to the transmittal of	69220
personal correspondence that is not reproduced by machine for	69221
general distribution.	69222

(12) The secretary of state, by rule, may exempt from the	69223
requirements of this section, printed matter and certain other	69224
kinds of printed communications such as campaign buttons,	69225
balloons, pencils, or similar items, the size or nature of which	69226
makes it unreasonable to add an identification or disclaimer.	69227

(13) The disclaimer or identification described in division	69228
(A) of this section, when paid for by a candidate, legislative	69229
campaign fund, or campaign committee, shall be identified by the	69230
words "paid for by" followed by the name of the ~~campaign committee~~	69231
~~and the appropriate officer of the committee, identified by name~~	69232
~~and title~~entity. The identification or disclaimer may use	69233
reasonable abbreviations for common terms such as ~~"treasurer" or~~	69234
"committee".	69235

(B)(1) No candidate, campaign committee, legislative campaign	69236
fund, political party, political action committee, limited	69237
political action committee, political contributing entity, limited	69238
political contributing entity, or other entity shall utter or	69239
cause to be uttered, over the broadcasting facilities of any radio	69240
or television station within this state, any communication that is	69241
designed to promote the nomination, election, or defeat of a	69242
candidate, or the adoption or defeat of an issue or to influence	69243
the voters in an election, unless the speaker identifies the	69244
speaker with the speaker's name and residence address or unless	69245
the communication identifies the chairperson, treasurer, or	69246
secretary of the organization responsible for the communication	69247
with the name and residence or business address of that officer,	69248
except that communications by radio need not broadcast the	69249
residence or business address of the officer. However, a radio	69250
station, for a period of at least six months, shall keep the	69251
residence or business address on file and divulge it to any person	69252
upon request.	69253

No person operating a broadcast station or an organ of	69254
printed media shall broadcast or print a paid political	69255
communication that does not contain the identification required by	69256
this section.	69257

(2) Division (B) of this section does not apply to any	69258
communications made on behalf of a radio or television station or	69259
network by any employee of such radio or television station or	69260
network while acting in the course of the employee's employment.	69261

(3) No candidate or entity described in division (B)(1) of	69262
this section shall use or cause to be used a false, fictitious, or	69263
fraudulent name or address in the making or issuing of a	69264
publication or communication included within the provisions of	69265
this section.	69266

(C) No candidate, campaign committee, legislative campaign	69267
fund, political party, political action committee, limited	69268
political action committee, political contributing entity, limited	69269
political contributing entity, or other person or entity shall	69270
conduct a telephone bank for the purpose of promoting the	69271
nomination, election, or defeat of a candidate or the adoption or	69272
defeat of an issue or to influence the voters in an election,	69273
unless the call includes a disclaimer that identifies the name of	69274
the candidate, campaign committee, legislative campaign fund,	69275
political party, political action committee, limited political	69276
action committee, political contributing entity, limited political	69277
contributing entity, or other person or entity paying for the	69278
telephone bank.	69279

(D) Before a prosecution may commence under this section, a	69280
complaint shall be filed with the Ohio elections commission under	69281
section 3517.153 of the Revised Code. After the complaint is	69282
filed, the commission shall proceed in accordance with sections	69283
3517.154 to 3517.157 of the Revised Code.	69284

Sec. 3517.992. This section establishes penalties only with	69285
respect to acts or failures to act that occur on and after August	69286
24, 1995.	69287

(A)(1) A candidate whose campaign committee violates division	69288
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	69289
or a treasurer of a campaign committee who violates any of those	69290
divisions, shall be fined not more than one hundred dollars for	69291
each day of violation.	69292

(2) Whoever violates division (E) or (X)(5) of section	69293
3517.13 or division (E)(1) of section 3517.1014 of the Revised	69294
Code shall be fined not more than one hundred dollars for each day	69295
of violation.	69296

(B) ~~A political party~~An entity that violates division	69297
~~(F)~~(G)(1) of section 3517.101 of the Revised Code shall be fined	69298
not more than one hundred dollars for each day of violation.	69299

(C) Whoever violates division ~~(F)~~(G)(2) of section 3517.101,	69300
division (G) of section 3517.13, or division (E)(2) or (3) of	69301
section 3517.1014 of the Revised Code shall be fined not more than	69302
ten thousand dollars or, if the offender is a person who was	69303
nominated or elected to public office, shall forfeit the	69304
nomination or the office to which the offender was elected, or	69305
both.	69306

(D) Whoever violates division (F) of section 3517.13 of the	69307
Revised Code shall be fined not more than three times the amount	69308
contributed.	69309

(E) Whoever violates division (H) of section 3517.13 of the	69310
Revised Code shall be fined not more than one hundred dollars.	69311

(F) Whoever violates division (O), (P), or (Q) of section	69312
3517.13 of the Revised Code is guilty of a misdemeanor of the	69313
first degree.	69314

(G) A state or county committee of a political party that	69315
violates division (B)(1) of section 3517.18 of the Revised Code	69316
shall be fined not more than twice the amount of the improper	69317
expenditure.	69318

(H) ~~A state or county political party~~An entity that violates	69319
division ~~(G)~~(H) of section 3517.101 of the Revised Code shall be	69320
fined not more than twice the amount of the improper expenditure	69321
or use.	69322

(I)(1) Any individual who violates division (B)(1) of section	69323
3517.102 of the Revised Code and knows that the contribution the	69324
individual makes violates that division shall be fined an amount	69325
equal to three times the amount contributed in excess of the	69326
amount permitted by that division.	69327

(2) Any political action committee that violates division	69328
(B)(2) of section 3517.102 of the Revised Code shall be fined an	69329
amount equal to three times the amount contributed in excess of	69330
the amount permitted by that division.	69331

(3) Any campaign committee that violates division (B)(3) or	69332
(5) of section 3517.102 of the Revised Code shall be fined an	69333
amount equal to three times the amount contributed in excess of	69334
the amount permitted by that division.	69335

(4)(a) Any legislative campaign fund that violates division	69336
(B)(6) of section 3517.102 of the Revised Code shall be fined an	69337
amount equal to three times the amount transferred or contributed	69338
in excess of the amount permitted by that division, as applicable.	69339

(b) Any state political party, county political party, or	69340
state candidate fund of a state political party or county	69341
political party that violates division (B)(6) of section 3517.102	69342
of the Revised Code shall be fined an amount equal to three times	69343
the amount transferred or contributed in excess of the amount	69344
permitted by that division, as applicable.	69345

(c) Any political contributing entity that violates division	69346
(B)(7) of section 3517.102 of the Revised Code shall be fined an	69347
amount equal to three times the amount contributed in excess of	69348
the amount permitted by that division.	69349

(5) Any political party that violates division (B)(4) of	69350
section 3517.102 of the Revised Code shall be fined an amount	69351
equal to three times the amount contributed in excess of the	69352
amount permitted by that division.	69353

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	69354
of this section, no violation of division (B) of section 3517.102	69355
of the Revised Code occurs, and the secretary of state shall not	69356
refer parties to the Ohio elections commission, if the amount	69357
transferred or contributed in excess of the amount permitted by	69358
that division meets either of the following conditions:	69359

(a) It is completely refunded within five business days after	69360
it is accepted.	69361

(b) It is completely refunded on or before the tenth business	69362
day after notification to the recipient of the excess transfer or	69363
contribution by the board of elections or the secretary of state	69364
that a transfer or contribution in excess of the permitted amount	69365
has been received.	69366

(J)(1) Any campaign committee that violates division (C)(1),	69367
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	69368
fined an amount equal to three times the amount accepted in excess	69369
of the amount permitted by that division.	69370

(2)(a) Any county political party that violates division	69371
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	69372
shall be fined an amount equal to three times the amount accepted.	69373

(b) Any county political party that violates division	69374
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	69375
fined an amount from its state candidate fund equal to three times	69376
the amount accepted in excess of the amount permitted by that	69377
division.	69378

(c) Any state political party that violates division	69379
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	69380
an amount from its state candidate fund equal to three times the	69381
amount accepted in excess of the amount permitted by that	69382
division.	69383

(3) Any legislative campaign fund that violates division	69384
(C)(5) of section 3517.102 of the Revised Code shall be fined an	69385
amount equal to three times the amount accepted in excess of the	69386
amount permitted by that division.	69387

(4) Any political action committee or political contributing	69388
entity that violates division (C)(7) of section 3517.102 of the	69389
Revised Code shall be fined an amount equal to three times the	69390
amount accepted in excess of the amount permitted by that	69391
division.	69392

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	69393
this section, no violation of division (C) of section 3517.102 of	69394
the Revised Code occurs, and the secretary of state shall not	69395
refer parties to the Ohio elections commission, if the amount	69396
transferred or contributed in excess of the amount permitted to be	69397
accepted by that division meets either of the following	69398
conditions:	69399

(a) It is completely refunded within five business days after	69400
its acceptance.	69401

(b) It is completely refunded on or before the tenth business	69402
day after notification to the recipient of the excess transfer or	69403
contribution by the board of elections or the secretary of state	69404
that a transfer or contribution in excess of the permitted amount	69405
has been received.	69406

(K)(1) Any legislative campaign fund that violates division	69407
(F)(1) of section 3517.102 of the Revised Code shall be fined	69408
twenty-five dollars for each day of violation.	69409

(2) Any legislative campaign fund that violates division	69410
(F)(2) of section 3517.102 of the Revised Code shall give to the	69411
treasurer of state for deposit into the state treasury to the	69412
credit of the Ohio elections commission fund all excess	69413
contributions not disposed of as required by division (E) of	69414
section 3517.102 of the Revised Code.	69415

(L) Whoever violates section 3517.105 of the Revised Code	69416
shall be fined one thousand dollars.	69417

(M)(1) Whoever solicits a contribution in violation of	69418
section 3517.092 or violates division (B) of section 3517.09 of	69419
the Revised Code is guilty of a misdemeanor of the first degree.	69420

(2) Whoever knowingly accepts a contribution in violation of	69421
division (B) or (C) of section 3517.092 of the Revised Code shall	69422
be fined an amount equal to three times the amount accepted in	69423
violation of either of those divisions and shall return to the	69424
contributor any amount so accepted. Whoever unknowingly accepts a	69425
contribution in violation of division (B) or (C) of section	69426
3517.092 of the Revised Code shall return to the contributor any	69427
amount so accepted.	69428

(N) Whoever violates division (S) of section 3517.13 of the	69429
Revised Code shall be fined an amount equal to three times the	69430
amount of funds transferred or three times the value of the assets	69431
transferred in violation of that division.	69432

(O) Any campaign committee that accepts a contribution or	69433
contributions in violation of section 3517.108 of the Revised	69434
Code, uses a contribution in violation of that section, or fails	69435
to dispose of excess contributions in violation of that section	69436
shall be fined an amount equal to three times the amount accepted,	69437
used, or kept in violation of that section.	69438

(P) Any political party, state candidate fund, legislative	69439
candidate fund, or campaign committee that violates division (T)	69440
of section 3517.13 of the Revised Code shall be fined an amount	69441
equal to three times the amount contributed or accepted in	69442
violation of that section.	69443

(Q) A treasurer of a committee or another person who violates	69444
division (U) of section 3517.13 of the Revised Code shall be fined	69445
not more than two hundred fifty dollars.	69446

(R) Whoever violates division (I) or (J) of section 3517.13	69447
of the Revised Code shall be fined not more than one thousand	69448
dollars. Whenever a person is found guilty of violating division	69449
(I) or (J) of section 3517.13 of the Revised Code, the contract	69450
awarded in violation of either of those divisions shall be	69451
rescinded if its terms have not yet been performed.	69452

(S) A candidate whose campaign committee violates or a	69453
treasurer of a campaign committee who violates section 3517.081 of	69454
the Revised Code, and a candidate whose campaign committee	69455
violates or a treasurer of a campaign committee or another person	69456
who violates division (C) of section 3517.10 of the Revised Code,	69457
shall be fined not more than five hundred dollars.	69458

(T) A candidate whose campaign committee violates or a	69459
treasurer of a committee who violates division (B) of section	69460
3517.09 of the Revised Code, or a candidate whose campaign	69461
committee violates or a treasurer of a campaign committee or	69462
another person who violates division (C) of section 3517.09 of the	69463
Revised Code shall be fined not more than one thousand dollars.	69464

(U) Whoever violates section 3517.20 of the Revised Code	69465
shall be fined not more than five hundred dollars.	69466

(V) Whoever violates section 3517.21 or 3517.22 of the	69467
Revised Code shall be imprisoned for not more than six months or	69468
fined not more than five thousand dollars, or both.	69469

(W) A campaign committee that is required to file a	69470
declaration of no limits under division (D)(2) of section 3517.103	69471
of the Revised Code that, before filing that declaration, accepts	69472
a contribution or contributions that exceed the limitations	69473
prescribed in section 3517.102 of the Revised Code, shall return	69474
that contribution or those contributions to the contributor.	69475

(X) Any campaign committee that fails to file the declaration	69476
of filing-day finances required by division (F) of section	69477
3517.109 ~~or the declaration of primary-day finances or declaration~~	69478
~~of year-end finances required by division (E) of section 3517.1010~~	69479
of the Revised Code shall be fined twenty-five dollars for each	69480
day of violation.	69481

(Y)(1) Any campaign committee that fails to dispose of excess	69482
funds or excess aggregate contributions under division (B) of	69483
section 3517.109 of the Revised Code in the manner required by	69484
division (C) of that section ~~or under division (B) of section~~	69485
~~3517.1010 of the Revised Code in the manner required by division~~	69486
~~(C) of that section~~ shall give to the treasurer of state for	69487
deposit into the Ohio elections commission fund created under	69488
division (I) of section 3517.152 of the Revised Code all funds not	69489
disposed of pursuant to ~~those divisions~~that division.	69490

(2) Any treasurer of a transition fund that fails to dispose	69491
of assets remaining in the transition fund as required under	69492
division (H)(1) or (2) of section 3517.1014 of the Revised Code	69493
shall give to the treasurer of state for deposit into the Ohio	69494
elections commission fund all assets not disposed of pursuant to	69495
that division.	69496

(Z) Any individual, campaign committee, political action	69497
committee, political contributing entity, legislative campaign	69498
fund, political party, treasurer of a transition fund, or other	69499
entity that violates any provision of sections 3517.09 to 3517.12	69500
of the Revised Code for which no penalty is provided for under any	69501
other division of this section shall be fined not more than one	69502
thousand dollars.	69503

(AA)(1) Whoever knowingly violates division (W)(1) of section	69504
3517.13 of the Revised Code shall be fined an amount equal to	69505
three times the amount contributed, expended, or promised in	69506
violation of that division or ten thousand dollars, whichever	69507
amount is greater.	69508

(2) Whoever knowingly violates division (W)(2) of section	69509
3517.13 of the Revised Code shall be fined an amount equal to	69510
three times the amount solicited or accepted in violation of that	69511
division or ten thousand dollars, whichever amount is greater.	69512

(BB) Whoever knowingly violates division (C) or (D) of	69513
section 3517.1011 of the Revised Code shall be fined not more than	69514
ten thousand dollars plus not more than one thousand dollars for	69515
each day of violation.	69516

(CC)(1) Subject to division (CC)(2) of this section, whoever	69517
violates division (H) of section 3517.1011 of the Revised Code	69518
shall be fined an amount up to three times the amount disbursed	69519
for the direct costs of airing the communication made in violation	69520
of that division.	69521

(2) Whoever has been ordered by the Ohio elections commission	69522
or by a court of competent jurisdiction to cease making	69523
communications in violation of division (H) of section 3517.1011	69524
of the Revised Code who again violates that division shall be	69525
fined an amount equal to three times the amount disbursed for the	69526
direct costs of airing the communication made in violation of that	69527
division.	69528

(DD)(1) Any corporation or labor organization that violates	69529
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	69530
fined an amount equal to three times the amount given in excess of	69531
the amount permitted by that division.	69532

(2) Any state or county political party that violates	69533
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	69534
fined an amount equal to three times the amount accepted in excess	69535
of the amount permitted by that division.	69536

(EE)(1) Any campaign committee or person who violates	69537
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	69538
shall be fined an amount equal to three times the amount donated	69539
in excess of the amount permitted by that division.	69540

(2) Any officeholder or treasurer of a transition fund who	69541
violates division (C)(3)(a) or (b) of section 3517.1014 of the	69542
Revised Code shall be fined an amount equal to three times the	69543
amount accepted in excess of the amount permitted by that	69544
division.	69545

Sec. 3599.03. (A)(1) Except to carry on activities specified	69546
in sections 3517.082, 3517.101, and 3517.1011, division (A)(2) of	69547
section 3517.1012, division (B) of section 3517.1013, division	69548
(C)(1) of section 3517.1014, and section 3599.031 of the Revised	69549
Code and except as provided in divisions (D), (E), and (F) of this	69550
section, no corporation, no nonprofit corporation, and no labor	69551
organization, directly or indirectly, shall pay or use, or offer,	69552
advise, consent, or agree to pay or use, the corporation's money	69553
or property, or the labor organization's money, including dues,	69554
initiation fees, or other assessments paid by members, or	69555
property, for or in aid of or opposition to a political party, a	69556
candidate for election or nomination to public office, a political	69557
action committee including a political action committee of the	69558
corporation or labor organization, a legislative campaign fund, or	69559
any organization that supports or opposes any such candidate, or	69560
for any partisan political purpose, shall violate any law	69561
requiring the filing of an affidavit or statement respecting such	69562
use of those funds, or shall pay or use the corporation's or labor	69563
organization's money for the expenses of a social fund-raising	69564
event for its political action committee if an employee's or labor	69565
organization member's right to attend such an event is predicated	69566
on the employee's or member's contribution to the corporation's or	69567
labor organization's political action committee.	69568

(2) Whoever violates division (A)(1) of this section shall be	69569
fined not less than five hundred nor more than five thousand	69570
dollars.	69571

(B)(1) No officer, stockholder, attorney, or agent of a	69572
corporation or nonprofit corporation, no member, including an	69573
officer, attorney, or agent, of a labor organization, and no	69574
candidate, political party official, or other individual shall	69575
knowingly aid, advise, solicit, or receive money or other property	69576
in violation of division (A)(1) of this section.	69577

(2) Whoever violates division (B)(1) of this section shall be	69578
fined not more than one thousand dollars, or imprisoned not more	69579
than one year, or both.	69580

(C) A corporation, a nonprofit corporation, or a labor	69581
organization may use its funds or property for or in aid of or	69582
opposition to a proposed or certified ballot issue. Such use of	69583
funds or property shall be reported on a form prescribed by the	69584
secretary of state. Reports of contributions in connection with	69585
statewide ballot issues shall be filed with the secretary of	69586
state. Reports of contributions in connection with local issues	69587
shall be filed with the board of elections of the most populous	69588
county of the district in which the issue is submitted or to be	69589
submitted to the electors. Reports made pursuant to this division	69590
shall be filed by the times specified in divisions (A)(1) and (2)	69591
of section 3517.10 of the Revised Code.	69592

(D)(1) Any gift made pursuant to section 3517.101 of the	69593
Revised Code does not constitute a violation of this section or of	69594
any other section of the Revised Code.	69595

(2) Any gift made pursuant to division (A)(2) of section	69596
3517.1012 of the Revised Code does not constitute a violation of	69597
this section.	69598

(3) Any gift made pursuant to division (B) of section	69599
3517.1013 of the Revised Code does not constitute a violation of	69600
this section.	69601

(4) Any donation made pursuant to division (C)(1) of section	69602
3517.1014 of the Revised Code does not constitute a violation of	69603
this section.	69604

(E) Any compensation or fees paid by a financial institution	69605
to a state political party for services rendered pursuant to	69606
division (B) of section 3517.19 of the Revised Code do not	69607
constitute a violation of this section or of any other section of	69608
the Revised Code.	69609

(F)(1) The use by a nonprofit corporation of its money or	69610
property for communicating information for a purpose specified in	69611
division (A) of this section is not a violation of that division	69612
if the stockholders, members, donors, trustees, or officers of the	69613
nonprofit corporation are the predominant recipients of the	69614
communication.	69615

(2) The placement of a campaign sign on the property of a	69616
corporation, nonprofit corporation, or labor organization is not a	69617
use of property in violation of division (A) of this section by	69618
that corporation, nonprofit corporation, or labor organization.	69619

(3) The use by a corporation or labor organization of its	69620
money or property for communicating information for a purpose	69621
specified in division (A) of this section is not a violation of	69622
that division if it is not a communication made by mass broadcast	69623
such as radio or television or made by advertising in a newspaper	69624
of general circulation but is a communication sent exclusively to	69625
members, employees, officers, or trustees of that labor	69626
organization or shareholders, employees, officers, or directors of	69627
that corporation or to members of the immediate families of any	69628
such individuals or if the communication intended to be so sent	69629
exclusively is unintentionally sent as well to a de minimis number	69630
of other individuals.	69631

(G) In addition to the laws listed in division (A) of section	69632
4117.10 of the Revised Code that prevail over conflicting	69633
agreements between employee organizations and public employers,	69634
this section prevails over any conflicting provisions of	69635
agreements between labor organizations and public employers that	69636
are entered into on or after March 31, 2005, pursuant to Chapter	69637
4117. of the Revised Code.	69638

(H) As used in this section, "labor organization" has the	69639
same meaning as in section 3517.01 of the Revised Code.	69640

Sec. 3599.45. (A) As used in this section:

69641

"Candidate," "campaign committee," and "contribution" have	69642
the same meanings as in section 3517.01 of the Revised Code.	69643

"Medicaid provider" has the same meaning as in section	69644
5164.01 of the Revised Code.	69645

(B) No candidate for the office of attorney general or county	69646
prosecutor or such a candidate's campaign committee shall	69647
knowingly accept any contribution from a medicaid provider of	69648
~~services or goods under contract with the department of job and~~	69649
~~family services pursuant to the medicaid program of Title XIX of~~	69650
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	69651
~~amended,~~ or from any person having an ownership interest in the	69652
medicaid provider.	69653

~~As used in this section "candidate," "campaign committee,"~~	69654
~~and "contribution" have the same meaning as in section 3517.01 of~~	69655
~~the Revised Code.~~	69656

~~(B)~~(C) Whoever violates this section is guilty of a	69657
misdemeanor of the first degree.	69658

Sec. 3701.023. (A) The department of health shall review	69659
applications for eligibility for the program for medically	69660
handicapped children that are submitted to the department by city	69661
and general health districts and physician providers approved in	69662
accordance with division (C) of this section. The department shall	69663
determine whether the applicants meet the medical and financial	69664
eligibility requirements established by the director of health	69665
pursuant to division (A)(1) of section 3701.021 of the Revised	69666
Code, and by the department in the manual of operational	69667
procedures and guidelines for the program for medically	69668
handicapped children developed pursuant to division (B) of that	69669
section. Referrals of potentially eligible children for the	69670
program may be submitted to the department on behalf of the child	69671
by parents, guardians, public health nurses, or any other	69672
interested person. The department of health may designate other	69673
agencies to refer applicants to the department of health.	69674

(B) In accordance with the procedures established in rules	69675
adopted under division (A)(4) of section 3701.021 of the Revised	69676
Code, the department of health shall authorize a provider or	69677
providers to provide to any Ohio resident under twenty-one years	69678
of age, without charge to the resident or the resident's family	69679
and without restriction as to the economic status of the resident	69680
or the resident's family, diagnostic services necessary to	69681
determine whether the resident has a medically handicapping or	69682
potentially medically handicapping condition.	69683

(C) The department of health shall review the applications of	69684
health professionals, hospitals, medical equipment suppliers, and	69685
other individuals, groups, or agencies that apply to become	69686
providers. The department shall enter into a written agreement	69687
with each applicant who is determined, pursuant to the	69688
requirements set forth in rules adopted under division (A)(2) of	69689
section 3701.021 of the Revised Code, to be eligible to be a	69690
provider in accordance with the provider agreement required by the	69691
~~medical assistance~~medicaid program ~~established under section~~	69692
~~5111.01 of the Revised Code~~. No provider shall charge a medically	69693
handicapped child or the child's parent or guardian for services	69694
authorized by the department under division (B) or (D) of this	69695
section.	69696

The department, in accordance with rules adopted under	69697
division (A)(3) of section 3701.021 of the Revised Code, may	69698
disqualify any provider from further participation in the program	69699
for violating any requirement set forth in rules adopted under	69700
division (A)(2) of that section. The disqualification shall not	69701
take effect until a written notice, specifying the requirement	69702
violated and describing the nature of the violation, has been	69703
delivered to the provider and the department has afforded the	69704
provider an opportunity to appeal the disqualification under	69705
division (H) of this section.	69706

(D) The department of health shall evaluate applications from	69707
city and general health districts and approved physician providers	69708
for authorization to provide treatment services, service	69709
coordination, and related goods to children determined to be	69710
eligible for the program for medically handicapped children	69711
pursuant to division (A) of this section. The department shall	69712
authorize necessary treatment services, service coordination, and	69713
related goods for each eligible child in accordance with an	69714
individual plan of treatment for the child. As an alternative, the	69715
department may authorize payment of health insurance premiums on	69716
behalf of eligible children when the department determines, in	69717
accordance with criteria set forth in rules adopted under division	69718
(A)(9) of section 3701.021 of the Revised Code, that payment of	69719
the premiums is cost-effective.	69720

(E) The department of health shall pay, from appropriations	69721
to the department, any necessary expenses, including but not	69722
limited to, expenses for diagnosis, treatment, service	69723
coordination, supportive services, transportation, and accessories	69724
and their upkeep, provided to medically handicapped children,	69725
provided that the provision of the goods or services is authorized	69726
by the department under division (B) or (D) of this section. Money	69727
appropriated to the department of health may also be expended for	69728
reasonable administrative costs incurred by the program. The	69729
department of health also may purchase liability insurance	69730
covering the provision of services under the program for medically	69731
handicapped children by physicians and other health care	69732
professionals.	69733

Payments made to providers by the department of health	69734
pursuant to this division for inpatient hospital care, outpatient	69735
care, and all other medical assistance furnished to eligible	69736
recipients shall be made in accordance with rules adopted by the	69737
director of health pursuant to division (A) of section 3701.021 of	69738
the Revised Code.	69739

The departments of health and ~~job and family services~~	69740
medicaid shall jointly implement procedures to ensure that	69741
duplicate payments are not made under the program for medically	69742
handicapped children and the ~~medical assistance~~medicaid program	69743
~~established under section 5111.01 of the Revised Code~~ and to	69744
identify and recover duplicate payments.	69745

(F) At the time of applying for participation in the program	69746
for medically handicapped children, a medically handicapped child	69747
or the child's parent or guardian shall disclose the identity of	69748
any third party against whom the child or the child's parent or	69749
guardian has or may have a right of recovery for goods and	69750
services provided under division (B) or (D) of this section. The	69751
department of health shall require a medically handicapped child	69752
who receives services from the program or the child's parent or	69753
guardian to apply for all third-party benefits for which the child	69754
may be eligible and require the child, parent, or guardian to	69755
apply all third-party benefits received to the amount determined	69756
under division (E) of this section as the amount payable for goods	69757
and services authorized under division (B) or (D) of this section.	69758
The department is the payer of last resort and shall pay for	69759
authorized goods or services, up to the amount determined under	69760
division (E) of this section for the authorized goods or services,	69761
only to the extent that payment for the authorized goods or	69762
services is not made through third-party benefits. When a third	69763
party fails to act on an application or claim for benefits by a	69764
medically handicapped child or the child's parent or guardian, the	69765
department shall pay for the goods or services only after ninety	69766
days have elapsed since the date the child, parents, or guardians	69767
made an application or claim for all third-party benefits.	69768
Third-party benefits received shall be applied to the amount	69769
determined under division (E) of this section. Third-party	69770
payments for goods and services not authorized under division (B)	69771
or (D) of this section shall not be applied to payment amounts	69772
determined under division (E) of this section. Payment made by the	69773
department shall be considered payment in full of the amount	69774
determined under division (E) of this section. Medicaid payments	69775
for persons eligible for the ~~medical assistance~~medicaid program	69776
~~established under section 5111.01 of the Revised Code~~ shall be	69777
considered payment in full of the amount determined under division	69778
(E) of this section.	69779

(G) The department of health shall administer a program to	69780
provide services to Ohio residents who are twenty-one or more	69781
years of age who have cystic fibrosis and who meet the eligibility	69782
requirements established in rules adopted by the director of	69783
health pursuant to division (A)(7) of section 3701.021 of the	69784
Revised Code, subject to all provisions of this section, but not	69785
subject to section 3701.024 of the Revised Code.	69786

(H) The department of health shall provide for appeals, in	69787
accordance with rules adopted under section 3701.021 of the	69788
Revised Code, of denials of applications for the program for	69789
medically handicapped children under division (A) or (D) of this	69790
section, disqualification of providers, or amounts paid under	69791
division (E) of this section. Appeals under this division are not	69792
subject to Chapter 119. of the Revised Code.	69793

The department may designate ombudspersons to assist	69794
medically handicapped children or their parents or guardians, upon	69795
the request of the children, parents, or guardians, in filing	69796
appeals under this division and to serve as children's, parents',	69797
or guardians' advocates in matters pertaining to the	69798
administration of the program for medically handicapped children	69799
and eligibility for program services. The ombudspersons shall	69800
receive no compensation but shall be reimbursed by the department,	69801
in accordance with rules of the office of budget and management,	69802
for their actual and necessary travel expenses incurred in the	69803
performance of their duties.	69804

(I) The department of health, and city and general health	69805
districts providing service coordination pursuant to division	69806
(A)(2) of section 3701.024 of the Revised Code, shall provide	69807
service coordination in accordance with the standards set forth in	69808
the rules adopted under section 3701.021 of the Revised Code,	69809
without charge, and without restriction as to economic status.	69810

(J)(1) The department of health may establish a manufacturer	69811
discount program under which a manufacturer of a drug or	69812
nutritional formula is permitted to enter into an agreement with	69813
the department to provide a discount on the price of the drug or	69814
nutritional formula distributed to medically handicapped children	69815
participating in the program for medically handicapped children.	69816
The program shall be administered in accordance with rules adopted	69817
under section 3701.021 of the Revised Code.	69818

(2) If a manufacturer enters into an agreement with the	69819
department as described in division (J)(1) of this section, the	69820
manufacturer and the department may negotiate the amount and terms	69821
of the discount.	69822

(3) In lieu of establishing a discount program as described	69823
in division (J)(1) of this section, the department and a	69824
manufacturer of a drug or nutritional formula may discuss a	69825
donation of drugs, nutritional formulas, or money by the	69826
manufacturer to the department.	69827

Sec. 3701.024. (A)(1) Under a procedure established in rules	69828
adopted under section 3701.021 of the Revised Code, the department	69829
of health shall determine the amount each county shall provide	69830
annually for the program for medically handicapped children, based	69831
on a proportion of the county's total general property tax	69832
duplicate, not to exceed one-tenth of a mill, and charge the	69833
county for any part of expenses incurred under the program for	69834
treatment services on behalf of medically handicapped children	69835
having legal settlement in the county that is not paid from	69836
federal funds or through the ~~medical assistance~~medicaid program	69837
~~established under section 5111.01 of the Revised Code~~. The	69838
department shall not charge the county for expenses exceeding the	69839
difference between the amount determined under division (A)(1) of	69840
this section and any amounts retained under divisions (A)(2) and	69841
(3) of this section.	69842

All amounts collected by the department under division (A)(1)	69843
of this section shall be deposited into the state treasury to the	69844
credit of the medically handicapped children-county assessment	69845
fund, which is hereby created. The fund shall be used by the	69846
department to comply with sections 3701.021 to 3701.028 of the	69847
Revised Code.	69848

(2) The department, in accordance with rules adopted under	69849
section 3701.021 of the Revised Code, may allow each county to	69850
retain up to ten per cent of the amount determined under division	69851
(A)(1) of this section to provide funds to city or general health	69852
districts of the county with which the districts shall provide	69853
service coordination, public health nursing, or transportation	69854
services for medically handicapped children.	69855

(3) In addition to any amount retained under division (A)(2)	69856
of this section, the department, in accordance with rules adopted	69857
under section 3701.021 of the Revised Code, may allow counties	69858
that it determines have significant numbers of potentially	69859
eligible medically handicapped children to retain an amount equal	69860
to the difference between:	69861

(a) Twenty-five per cent of the amount determined under	69862
division (A)(1) of this section;	69863

(b) Any amount retained under division (A)(2) of this	69864
section.	69865

Counties shall use amounts retained under division (A)(3) of	69866
this section to provide funds to city or general health districts	69867
of the county with which the districts shall conduct outreach	69868
activities to increase participation in the program for medically	69869
handicapped children.	69870

(4) Prior to any increase in the millage charged to a county,	69871
the director of health shall hold a public hearing on the proposed	69872
increase and shall give notice of the hearing to each board of	69873
county commissioners that would be affected by the increase at	69874
least thirty days prior to the date set for the hearing. Any	69875
county commissioner may appear and give testimony at the hearing.	69876
Any increase in the millage any county is required to provide for	69877
the program for medically handicapped children shall be	69878
determined, and notice of the amount of the increase shall be	69879
provided to each affected board of county commissioners, no later	69880
than the first day of June of the fiscal year next preceding the	69881
fiscal year in which the increase will take effect.	69882

(B) Each board of county commissioners shall establish a	69883
medically handicapped children's fund and shall appropriate	69884
thereto an amount, determined in accordance with division (A)(1)	69885
of this section, for the county's share in providing medical,	69886
surgical, and other aid to medically handicapped children residing	69887
in such county and for the purposes specified in divisions (A)(2)	69888
and (3) of this section. Each county shall use money retained	69889
under divisions (A)(2) and (3) of this section only for the	69890
purposes specified in those divisions.	69891

Sec. 3701.027. The department of health shall administer	69892
funds received from the "Maternal and Child Health Block Grant,"	69893
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	69894
U.S.C.A. 701, as amended, for programs including the program for	69895
medically handicapped children, and to provide technical	69896
assistance and consultation to city and general health districts	69897
and local health planning organizations in implementing local,	69898
community-based, family-centered, coordinated systems of care for	69899
medically handicapped children. The department may make grants to	69900
persons and other entities for the provision of services with the	69901
funds. In addition, the department may use the funds to purchase	69902
liability insurance covering the provision of services under the	69903
programs by physicians and other health care professionals, and to	69904
pay health insurance premiums on behalf of medically handicapped	69905
children participating in the program for medically handicapped	69906
children when the department determines, in accordance with	69907
criteria set forth in rules adopted under division (A)(9) of	69908
section 3701.021 of the Revised Code, that payment of the premiums	69909
is cost effective.	69910

In determining eligibility for services provided with funds	69911
received from the "Maternal and Child Health Block Grant," the	69912
department may use the application form established under section	69913
~~5111.013~~5163.40 of the Revised Code. The department may require	69914
applicants to furnish their social security numbers. Funds from	69915
the "Maternal and Child Health Block Grant" that are administered	69916
for the purpose of providing family planning services shall be	69917
distributed in accordance with section 3701.033 of the Revised	69918
Code.	69919

Sec. 3701.033. (A) This section establishes the order of	69920
priority to be followed by the department of health when	69921
distributing funds for the purpose of providing family planning	69922
services, including funds the department receives through the	69923
"Maternal and Child Health Block Grant," Title V of the "Social	69924
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	69925
funds the department receives through Title X of the "Public	69926
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	69927
amended. This section does not apply to grants awarded by the	69928
department under section 3701.046 of the Revised Code.	69929

(B) With respect to each period during which funds from a	69930
particular source are distributed for the purpose of providing	69931
family planning services, the department is subject to both of the	69932
following when distributing the funds to applicants seeking those	69933
funds:	69934

(1) Foremost priority shall be given to public entities that	69935
are operated by state or local government entities and that	69936
provide or are able to provide family planning services.	69937

(2) If any funds remain after the department distributes	69938
funds to public entities under division (B)(1) of this section,	69939
the department may distribute funds to nonpublic entities. If	69940
funds are distributed to nonpublic entities, the department shall	69941
distribute the funds in the following order of descending	69942
priority:	69943

(a) Nonpublic entities that are federally qualified health	69944
centers or federally qualified health center look-alikes, both as	69945
defined in section 3701.047 of the Revised Code, or community	69946
action agencies, as defined in section 122.66 of the Revised Code;	69947

(b) Nonpublic entities that provide comprehensive primary and	69948
preventive care services in addition to family planning services;	69949

(c) Nonpublic entities that provide family planning services,	69950
but do not provide comprehensive primary and preventive care	69951
services.	69952

Sec. 3701.13. The department of health shall have	69953
supervision of all matters relating to the preservation of the	69954
life and health of the people and have ultimate authority in	69955
matters of quarantine and isolation, which it may declare and	69956
enforce, when neither exists, and modify, relax, or abolish, when	69957
either has been established. The department may approve methods of	69958
immunization against the diseases specified in section 3313.671 of	69959
the Revised Code for the purpose of carrying out the provisions of	69960
that section and take such actions as are necessary to encourage	69961
vaccination against those diseases.	69962

The department may make special or standing orders or rules	69963
for preventing the use of fluoroscopes for nonmedical purposes	69964
~~which~~that emit doses of radiation likely to be harmful to any	69965
person, for preventing the spread of contagious or infectious	69966
diseases, for governing the receipt and conveyance of remains of	69967
deceased persons, and for such other sanitary matters as are best	69968
controlled by a general rule. Whenever possible, the department	69969
shall work in cooperation with the health commissioner of a	69970
general or city health district. ItThe department may make and	69971
enforce orders in local matters or reassign substantive authority	69972
for mandatory programs from a general or city health district to	69973
another general or city health district when an emergency exists,	69974
or when the board of health of a general or city health district	69975
has neglected or refused to act with sufficient promptness or	69976
efficiency, or when such board has not been established as	69977
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	69978
3709.12, and 3709.14 of the Revised Code. In such cases, the	69979
necessary expense incurred shall be paid by the general health	69980
district or city for which the services are rendered.	69981

The department of health may require general or city health	69982
districts to enter into agreements for shared services under	69983
section 9.482 of the Revised Code. The department shall prepare	69984
and offer to boards of health a model contract and memorandum of	69985
understanding that are easily adaptable for use by boards of	69986
health when entering into shared services agreements. The	69987
department also may offer financial and other technical assistance	69988
to boards of health to encourage the sharing of services.	69989

As a condition precedent to receiving funding from the	69990
department of health, the director of health may require general	69991
or city health districts to apply for accreditation by July 1,	69992
2018, and be accredited by July 1, 2020, by an accreditation body	69993
approved by the director. The director of health, by July 1, 2016,	69994
shall conduct an evaluation of general and city health district	69995
preparation for accreditation, including an evaluation of each	69996
district's reported public health quality indicators as provided	69997
for in section 3701.98 of the Revised Code.	69998

The department may make evaluative studies of the nutritional	69999
status of Ohio residents, and of the food and nutrition-related	70000
programs operating within the state. Every agency of the state, at	70001
the request of the department, shall provide information and	70002
otherwise assist in the execution of such studies.	70003

Sec. 3701.132. The department of health is hereby designated	70004
as the state agency to administer the "special supplemental	70005
nutrition program for women, infants, and children" established	70006
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	70007
1786, as amended. The director of health may adopt rules pursuant	70008
to Chapter 119. of the Revised Code as necessary for administering	70009
the program. The rules may include civil money penalties for	70010
violations of the rules.	70011

In determining eligibility for services provided under the	70012
program, the department may use the application form established	70013
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	70014
start program. The department may require applicants to furnish	70015
their social security numbers.	70016

The department shall review and process an application for a	70017
new contract to act as a vendor under the program not later than	70018
forty-five days after the date it is received if on that date the	70019
applicant has a contract with the department to act as a vendor	70020
under the program.	70021

If the department determines that a vendor has committed an	70022
act with respect to the program that federal statutes or	70023
regulations or state statutes or rules prohibit, the department	70024
shall take action against the vendor in the manner required by 7	70025
C.F.R. part 246, including imposition of a civil money penalty in	70026
accordance with 7 C.F.R. 246.12, or rules adopted under this	70027
section.	70028

Sec. 3701.138. (A) The director of health may determine that	70029
a dental assistant certified by the dental assisting national	70030
board or the Ohio commission on dental assistant certification may	70031
do either or both of the following without a dentist being	70032
physically present or a dentist examining a patient prior to the	70033
service:	70034

(1) Apply pit and fissure sealants through a program operated	70035
by a school district board of education or the governing board of	70036
an educational service center;	70037

(2) If the director establishes a school-based fluoride mouth	70038
rinse program under section 3701.136 of the Revised Code,	70039
administer fluoride mouth rinse to a student who receives services	70040
from the program.	70041

(B) The director may determine that an expanded function	70042
dental auxiliary registered under Chapter 4715. of the Revised	70043
Code may do either or both of the following without a dentist	70044
being physically present or a dentist examining a patient prior to	70045
the service:	70046

(1) Apply pit and fissure sealants through a program operated	70047
by a school district board of education or the governing board of	70048
an educational service center;	70049

(2) If the director establishes a school-based fluoride mouth	70050
rinse program under section 3701.136 of the Revised Code,	70051
administer fluoride mouth rinse to a student who receives services	70052
from the program.	70053

Sec. 3701.243. (A) Except as provided in this section or	70054
section 3701.248 of the Revised Code, no person or agency of state	70055
or local government that acquires the information while providing	70056
any health care service or while in the employ of a health care	70057
facility or health care provider shall disclose or compel another	70058
to disclose any of the following:	70059

(1) The identity of any individual on whom an HIV test is	70060
performed;	70061

(2) The results of an HIV test in a form that identifies the	70062
individual tested;	70063

(3) The identity of any individual diagnosed as having AIDS	70064
or an AIDS-related condition.	70065

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	70066
(F) of this section, the results of an HIV test or the identity of	70067
an individual on whom an HIV test is performed or who is diagnosed	70068
as having AIDS or an AIDS-related condition may be disclosed only	70069
to the following:	70070

(a) The individual who was tested or the individual's legal	70071
guardian, and the individual's spouse or any sexual partner;	70072

(b) A person to whom disclosure is authorized by a written	70073
release, executed by the individual tested or by the individual's	70074
legal guardian and specifying to whom disclosure of the test	70075
results or diagnosis is authorized and the time period during	70076
which the release is to be effective;	70077

70078

(d) The department of health or a health commissioner to	70079
which reports are made under section 3701.24 of the Revised Code;	70080

(e) A health care facility or provider that procures,	70081
processes, distributes, or uses a human body part from a deceased	70082
individual, donated for a purpose specified in Chapter 2108. of	70083
the Revised Code, and that needs medical information about the	70084
deceased individual to ensure that the body part is medically	70085
acceptable for its intended purpose;	70086

(f) Health care facility staff committees or accreditation or	70087
oversight review organizations conducting program monitoring,	70088
program evaluation, or service reviews;	70089

(g) A health care provider, emergency medical services	70090
worker, or peace officer who sustained a significant exposure to	70091
the body fluids of another individual, if that individual was	70092
tested pursuant to division (E)(6) of section 3701.242 of the	70093
Revised Code, except that the identity of the individual tested	70094
shall not be revealed;	70095

(h) To law enforcement authorities pursuant to a search	70096
warrant or a subpoena issued by or at the request of a grand jury,	70097
a prosecuting attorney, a city director of law or similar chief	70098
legal officer of a municipal corporation, or a village solicitor,	70099
in connection with a criminal investigation or prosecution.	70100

(2) The results of an HIV test or a diagnosis of AIDS or an	70101
AIDS-related condition may be disclosed to a health care provider,	70102
or an authorized agent or employee of a health care facility or a	70103
health care provider, if the provider, agent, or employee has a	70104
medical need to know the information and is participating in the	70105
diagnosis, care, or treatment of the individual on whom the test	70106
was performed or who has been diagnosed as having AIDS or an	70107
AIDS-related condition.	70108

This division does not impose a standard of disclosure	70109
different from the standard for disclosure of all other specific	70110
information about a patient to health care providers and	70111
facilities. Disclosure may not be requested or made solely for the	70112
purpose of identifying an individual who has a positive HIV test	70113
result or has been diagnosed as having AIDS or an AIDS-related	70114
condition in order to refuse to treat the individual. Referral of	70115
an individual to another health care provider or facility based on	70116
reasonable professional judgment does not constitute refusal to	70117
treat the individual.	70118

(3) Not later than ninety days after November 1, 1989, each	70119
health care facility in this state shall establish a protocol to	70120
be followed by employees and individuals affiliated with the	70121
facility in making disclosures authorized by division (B)(2) of	70122
this section. A person employed by or affiliated with a health	70123
care facility who determines in accordance with the protocol	70124
established by the facility that a disclosure is authorized by	70125
division (B)(2) of this section is immune from liability to any	70126
person in a civil action for damages for injury, death, or loss to	70127
person or property resulting from the disclosure.	70128

(C)(1) Any person or government agency may seek access to or	70129
authority to disclose the HIV test records of an individual in	70130
accordance with the following provisions:	70131

(a) The person or government agency shall bring an action in	70132
a court of common pleas requesting disclosure of or authority to	70133
disclose the results of an HIV test of a specific individual, who	70134
shall be identified in the complaint by a pseudonym but whose name	70135
shall be communicated to the court confidentially, pursuant to a	70136
court order restricting the use of the name. The court shall	70137
provide the individual with notice and an opportunity to	70138
participate in the proceedings if the individual is not named as a	70139
party. Proceedings shall be conducted in chambers unless the	70140
individual agrees to a hearing in open court.	70141

(b) The court may issue an order granting the plaintiff	70142
access to or authority to disclose the test results only if the	70143
court finds by clear and convincing evidence that the plaintiff	70144
has demonstrated a compelling need for disclosure of the	70145
information that cannot be accommodated by other means. In	70146
assessing compelling need, the court shall weigh the need for	70147
disclosure against the privacy right of the individual tested and	70148
against any disservice to the public interest that might result	70149
from the disclosure, such as discrimination against the individual	70150
or the deterrence of others from being tested.	70151

(c) If the court issues an order, it shall guard against	70152
unauthorized disclosure by specifying the persons who may have	70153
access to the information, the purposes for which the information	70154
shall be used, and prohibitions against future disclosure.	70155

(2) A person or government agency that considers it necessary	70156
to disclose the results of an HIV test of a specific individual in	70157
an action in which it is a party may seek authority for the	70158
disclosure by filing an in camera motion with the court in which	70159
the action is being heard. In hearing the motion, the court shall	70160
employ procedures for confidentiality similar to those specified	70161
in division (C)(1) of this section. The court shall grant the	70162
motion only if it finds by clear and convincing evidence that a	70163
compelling need for the disclosure has been demonstrated.	70164

(3) Except for an order issued in a criminal prosecution or	70165
an order under division (C)(1) or (2) of this section granting	70166
disclosure of the result of an HIV test of a specific individual,	70167
a court shall not compel a blood bank, hospital blood center, or	70168
blood collection facility to disclose the result of HIV tests	70169
performed on the blood of voluntary donors in a way that reveals	70170
the identity of any donor.	70171

(4) In a civil action in which the plaintiff seeks to recover	70172
damages from an individual defendant based on an allegation that	70173
the plaintiff contracted the HIV virus as a result of actions of	70174
the defendant, the prohibitions against disclosure in this section	70175
do not bar discovery of the results of any HIV test given to the	70176
defendant or any diagnosis that the defendant suffers from AIDS or	70177
an AIDS-related condition.	70178

(D) The results of an HIV test or the identity of an	70179
individual on whom an HIV test is performed or who is diagnosed as	70180
having AIDS or an AIDS-related condition may be disclosed to a	70181
federal, state, or local government agency, or the official	70182
representative of such an agency, for purposes of the ~~medical~~	70183
~~assistance~~medicaid program ~~established under section 5111.01 of~~	70184
~~the Revised Code~~, the medicare program ~~established under Title~~	70185
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	70186
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	70187

(E) Any disclosure pursuant to this section shall be in	70188
writing and accompanied by a written statement that includes the	70189
following or substantially similar language: "This information has	70190
been disclosed to you from confidential records protected from	70191
disclosure by state law. You shall make no further disclosure of	70192
this information without the specific, written, and informed	70193
release of the individual to whom it pertains, or as otherwise	70194
permitted by state law. A general authorization for the release of	70195
medical or other information is not sufficient for the purpose of	70196
the release of HIV test results or diagnoses."	70197

(F) An individual who knows that the individual has received	70198
a positive result on an HIV test or has been diagnosed as having	70199
AIDS or an AIDS-related condition shall disclose this information	70200
to any other person with whom the individual intends to make	70201
common use of a hypodermic needle or engage in sexual conduct as	70202
defined in section 2907.01 of the Revised Code. An individual's	70203
compliance with this division does not prohibit a prosecution of	70204
the individual for a violation of division (B) of section 2903.11	70205
of the Revised Code.	70206

(G) Nothing in this section prohibits the introduction of	70207
evidence concerning an HIV test of a specific individual in a	70208
criminal proceeding.	70209

Sec. 3701.261. (A) As used in this section, "state	70210
university" has the same meaning as in section 3345.011 of the	70211
Revised Code.	70212

(B) The director of health shall:

70213

(1) Establish a population-based cancer registry, which shall	70214
be known as the Ohio cancer incidence surveillance system, to	70215
monitor the incidence of various types of malignant diseases in	70216
Ohio, make appropriate epidemiologic studies to determine any	70217
causal relations of such diseases with occupational, nutritional,	70218
environmental, or infectious conditions, and alleviate or	70219
eliminate any such conditions;	70220

(2) Advise, consult, cooperate with, and assist, by contract	70221
or otherwise, agencies of the state and federal government,	70222
agencies of the governments of other states, agencies of political	70223
subdivisions of this state, universities, private organizations,	70224
corporations, and associations for the purposes of division	70225
~~(A)~~(B)(1) of this section;	70226

(3) Accept and administer grants from the federal government	70227
or other sources, public or private, for carrying out any of the	70228
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	70229
section.	70230

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	70231
follow a model of cancer data collection as set forth by the	70232
survey epidemiology and end results system (SEERS).	70233

(D) The department may, by contract, designate a state	70234
university as an agent to implement some or all of this section	70235
and section 3701.262 of the Revised Code and the rules adopted	70236
under those sections.	70237

Sec. 3701.262. (A) As used in this section ~~and section~~	70238
~~3701.263 of the Revised Code~~:	70239

(1) "Physician" means a person who holds a valid certificate	70240
issued under Chapter 4731. of the Revised Code authorizing the	70241
person to practice medicine orand surgery or osteopathic medicine	70242
and surgery.	70243

(2) "Dentist" means a person who is licensed under Chapter	70244
4715. of the Revised Code to practice dentistry.	70245

(3) "Hospital" has the same meaning as in section 3727.01 of	70246
the Revised Code.	70247

(4) "Cancer" includes those diseases specified by rule of the	70248
director of health under division (B)(2) of this section.	70249

(B) The director of health shall adopt rules in accordance	70250
with Chapter 119. of the Revised Code to do all of the following:	70251

(1) Establish the Ohio cancer incidence surveillance system	70252
required by section 3701.261 of the Revised Code;	70253

(2) Specify the types of cancer and other tumorous and	70254
precancerous diseases to be reported to the department of health	70255
under division (D) of this section;	70256

(3) Establish reporting requirements for information	70257
concerning diagnosed cancer cases as the director considers	70258
necessary to conduct epidemiologic surveys of cancer in this	70259
state;	70260

(4) Establish standards that must be met by research projects	70261
to be eligible to receive information concerning individual cancer	70262
patients from the department of health ~~under division (B) of~~	70263
~~section 3701.263 of the Revised Code~~.	70264

(C) The department of health shall record in the registry all	70265
reports of cancer received by it. In the development and	70266
administration of the cancer registry the department may use	70267
information compiled by public or private cancer registries and	70268
may contract for the collection and analysis of, and research	70269
related to, the information recorded under this section.	70270

(D)(1) Each physician, dentist, hospital, or person providing	70271
diagnostic or treatment services to patients with cancer shall	70272
report each case of cancer to the department. Any person required	70273
to report pursuant to this section may elect to report to the	70274
department through an existing cancer registry if the registry	70275
meets the reporting standards established by the director and	70276
reports to the department.	70277

(2) No person shall fail to make the cancer reports required	70278
by division (D)(1) of this section.	70279

(E) All physicians, dentists, hospitals, or persons providing	70280
diagnostic or treatment services to patients with cancer shall	70281
grant to the department or its authorized representative access to	70282
all records that identify cases of cancer or establish	70283
characteristics of cancer, the treatment of cancer, or the medical	70284
status of any identified cancer patient.	70285

(F) The Arthur G. James cancer hospital and Richard J. Solove	70286
research institute of the Ohio state university, shall analyze and	70287
evaluate the cancer reports collected pursuant to this section.	70288
The department shall publish and make available to the public	70289
reports summarizing the information collected. Reports shall be	70290
made on a calendar year basis and published not later than ninety	70291
days after the end of each calendar year.	70292

(G) Furnishing information, including records, reports,	70293
statements, notes, memoranda, or other information, to the	70294
department of health, either voluntarily or as required by this	70295
section, or to a person or governmental entity designated as a	70296
medical research project by the department, does not subject a	70297
physician, dentist, hospital, or person providing diagnostic or	70298
treatment services to patients with cancer to liability in an	70299
action for damages or other relief for furnishing the information.	70300

(H) This section does not affect the authority of any person	70301
or facility providing diagnostic or treatment services to patients	70302
with cancer to maintain facility-based tumor registries, in	70303
addition to complying with the reporting requirements of this	70304
section.	70305

~~(I) No person shall fail to make the cancer reports required~~	70306
~~by division (D) of this section.~~	70307

Sec. 3701.264. There is hereby created the Ohio cancer	70308
incidence surveillance system advisory board. The board shall	70309
consist of the director of health, who shall serve as chair of the	70310
board, and one representative, appointed by the governor, from	70311
each medical school accredited by the liaison committee on medical	70312
education and each osteopathic medical school accredited by the	70313
American osteopathic association in Ohio. In addition, the	70314
director of health shall appoint up to three additional members of	70315
the board. Vacancies on the board shall be filled in the same	70316
manner as the initial appointments. Members shall serve without	70317
compensation.	70318

The board shall provide oversight of the collection and	70319
analysis of data by the Ohio cancer incidence surveillance system	70320
to the director of health and the Arthur G. James cancer hospital	70321
and Richard J. Solove research institute of the Ohio state	70322
university and advise in the implementation of sections 3701.261	70323
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	70324
and conduct its business as directed by the chair.	70325

~~The board shall report to the finance committees of both~~	70326
~~houses of the general assembly, not later than March 1, 2001, on~~	70327
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	70328
~~the Revised Code.~~	70329

The board is not subject to sections 101.82 to 101.87 of the	70330
Revised Code.	70331

Sec. 3701.342. ~~After consultation with the public health~~	70332
~~standards task force established under section 3701.343 of the~~	70333
~~Revised Code, the~~The director of health shall adopt rules	70334
establishing minimum standards and optimum achievable standards	70335
for boards of health and local health departments. The minimum	70336
standards shall assure that boards of health and local health	70337
departments provide for:	70338

(A) Analysis and prevention of communicable disease;

70339

(B) Analysis of the causes of, and appropriate treatment for,	70340
the leading causes of morbidity and mortality;	70341

(C) The administration and management of the local health	70342
department;	70343

(D) Access to primary health care by medically underserved	70344
individuals;	70345

(E) Environmental health management programs;

70346

(F) Health promotion services designed to encourage	70347
individual and community wellness;	70348

(G) Annual completion of two hours of continuing education by	70349
each member of a board of health. The minimum standards shall	70350
provide that continuing education credits shall pertain to ethics,	70351
public health principles, and a member's responsibilities. Credits	70352
may be earned in these topics at pertinent presentations that may	70353
occur during regularly scheduled board meetings throughout the	70354
calendar year or at other programs available for continuing	70355
education credit. The director of health may assist local boards	70356
of health of general and city health districts in coordinating	70357
approved continuing education programs sponsored by health care	70358
licensing boards, commissions, or associations. The minimum	70359
standards also shall provide that continuing education credits	70360
earned for the purpose of license renewal or certification by	70361
licensed health professionals serving on boards of health may be	70362
counted to fulfill the two-hour continuing education requirement.	70363

The director shall adopt rules establishing a formula for	70364
distribution of state health district subsidy funds to boards of	70365
health and local health departments. The formula shall provide no	70366
subsidy funds to a board or department unless it meets minimum	70367
standards and shall provide higher funding levels for boards and	70368
districts that meet optimum achievable standards.	70369

Notwithstanding section 119.03 of the Revised Code, rules	70370
adopted under this section shall not take effect unless approved	70371
by concurrent resolution of the general assembly.	70372

Sec. 3701.344. As used in this section and sections	70373
3701.345, 3701.346, and 3701.347 of the Revised Code:	70374

(A) "Private water system" means any water system for the	70375
provision of water for human consumption, if such system has fewer	70376
than fifteen service connections and does not regularly serve an	70377
average of at least twenty-five individuals daily at least sixty	70378
days out of the year. A private water system includes any well,	70379
spring, cistern, pond, or hauled water and any equipment for the	70380
collection, transportation, filtration, disinfection, treatment,	70381
or storage of such water extending from and including the source	70382
of the water to the point of discharge from any pressure tank or	70383
other storage vessel; to the point of discharge from the water	70384
pump where no pressure tank or other storage vessel is present;	70385
or, in the case of multiple service connections serving more than	70386
one dwelling, to the point of discharge from each service	70387
connection. "Private water system" does not include the water	70388
service line extending from the point of discharge to a structure.	70389

(B) Notwithstanding section 3701.347 of the Revised Code and	70390
subject to division (C) of this section, rules adopted by the	70391
director of health regarding private water systems shall provide	70392
for the following:	70393

(1) Except as otherwise provided in this division, boards of	70394
health of city or general health districts shall be given the	70395
exclusive power to establish fees in accordance with section	70396
3709.09 of the Revised Code for administering and enforcing such	70397
rules. Such fees shall establish a different rate for	70398
administering and enforcing the rules relative to private water	70399
systems serving single-family dwelling houses and nonsingle-family	70400
dwelling houses. Except for an amount established by the director,	70401
pursuant to division (B)(5) of this section, for each new private	70402
water system installation, no portion of any fee for administering	70403
and enforcing such rules shall be returned to the department of	70404
health. If the director of health determines that a board of	70405
health of a city or general health district is unable to	70406
administer and enforce a private water system program in the	70407
district, the director shall administer and enforce such a program	70408
in the district and establish fees for such administration and	70409
enforcement.	70410

(2) Boards of health of city or general health districts	70411
shall be given the exclusive power to determine the number of	70412
inspections necessary for determining the safe drinking	70413
characteristics of a private water system.	70414

(3) Private water systems contractors, as a condition of	70415
doing business in this state, shall annually register with, and	70416
comply with surety bonding requirements of, the department of	70417
health. No such contractor shall be permitted to register if the	70418
contractor fails to comply with all applicable rules adopted by	70419
the director and the board of health of the city or general health	70420
district. The annual registration fee for private water systems	70421
contractors shall be sixty-five dollars. The director, by rule	70422
adopted in accordance with Chapter 119. of the Revised Code, may	70423
increase the annual registration fee.	70424

(4) Subject to rules adopted by the director, boards of	70425
health of city or general health districts shall have the option	70426
of determining whether bacteriological examinations shall be	70427
performed at approved laboratories of the state or at approved	70428
private laboratories.	70429

(5) The director may establish fees for each new private	70430
water system installation, which shall be collected by the	70431
appropriate board of health and transmitted to the director	70432
pursuant to section 3709.092 of the Revised Code.	70433

(6) All fees received by the director of health under	70434
divisions (B)(1), (3), and (5) of this section shall be deposited	70435
in the state treasury to the credit of the general operations fund	70436
created in section 3701.83 of the Revised Code for use in the	70437
administration and enforcement of sections 3701.344 to 3701.347 of	70438
the Revised Code and the rules pertaining to private water systems	70439
adopted under those sections.	70440

(C) To the extent that rules adopted under division (B) of	70441
this section require health districts to follow specific	70442
procedures or use prescribed forms, no such procedure or form	70443
shall be implemented until it is approved by majority vote of an	70444
approval board of health commissioners, hereby created. Members of	70445
the board shall be the officers of the association of Ohio health	70446
commissioners, or any successor organization, and membership on	70447
the board shall be coterminous with holding an office of the	70448
association. No health district is required to follow a procedure	70449
or use a form required by a rule adopted under division (B) of	70450
this section without the approval of the board.	70451

(D) A board of health shall collect well log filing fees on	70452
behalf of the division of soil and water resources in the	70453
department of natural resources in accordance with section 1521.05	70454
of the Revised Code and rules adopted under it. The fees shall be	70455
submitted to the division quarterly as provided in those rules.	70456

(E) A water system that does not provide water for human	70457
consumption shall not be required to obtain a permit or license	70458
issued under, pay any fees assessed or levied under, or comply	70459
with any rule adopted under sections 3701.34 to 3701.347 of the	70460
Revised Code.	70461

Sec. 3701.507. (A) To assist in implementing sections	70462
3701.503 to 3701.509 of the Revised Code, the medically	70463
handicapped children's medical advisory council created in section	70464
3701.025 of the Revised Code shall appoint a permanent infant	70465
hearing screening subcommittee. The subcommittee shall consist of	70466
the following members:	70467

(1) One otolaryngologist;

70468

(2) One neonatologist;

70469

(3) One pediatrician;

70470

(4) One neurologist;

70471

(5) One hospital administrator;

70472

(6) Two or more audiologists who are experienced in infant	70473
hearing screening and evaluation;	70474

(7) One speech-language pathologist licensed under section	70475
4753.07 of the Revised Code;	70476

(8) Two persons who are each a parent of a hearing-impaired	70477
child;	70478

(9) One geneticist;

70479

(10) One epidemiologist;

70480

(11) One adult who is deaf or hearing impaired;

70481

(12) One representative from an organization for the deaf or	70482
hearing impaired;	70483

(13) One family advocate;

70484

(14) One nurse from a well-baby neonatal nursery;

70485

(15) One nurse from a special care neonatal nursery;

70486

(16) One teacher of the deaf who works with infants and	70487
toddlers;	70488

(17) One representative of the health insurance industry;

70489

(18) One representative of the bureau for children with	70490
medical handicaps;	70491

(19) One representative of the department of education;

70492

(20) One representative of the ~~Ohio~~ department of ~~job and~~	70493
~~family services who has responsibilities regarding~~ medicaid;	70494

(21) Any other person the advisory council appoints.

70495

(B) The infant hearing subcommittee shall:

70496

(1) Consult with the director of health regarding the	70497
administration of sections 3701.503 to 3701.509 of the Revised	70498
Code;	70499

(2) Advise and make recommendations regarding proposed rules	70500
prior to their adoption by the director under section 3701.508 of	70501
the Revised Code;	70502

(3) Consult with the director of health and advise and make	70503
recommendations regarding program development and implementation	70504
under sections 3701.503 to 3701.509 of the Revised Code, including	70505
all of the following:	70506

(a) Establishment under section 3701.504 of the Revised Code	70507
of the statewide hearing screening, tracking, and early	70508
intervention program to identify newborn and infant hearing	70509
impairment;	70510

(b) Identification of locations where hearing evaluations may	70511
be conducted;	70512

(c) Recommendations for methods and techniques of hearing	70513
screening and hearing evaluation;	70514

(d) Referral, data recording and compilation, and procedures	70515
to encourage follow-up hearing care;	70516

(e) Maintenance of a register of newborns and infants who do	70517
not pass the hearing screening;	70518

(f) Preparation of the information required by section	70519
3701.506 of the Revised Code.	70520

Sec. 3701.74. (A) As used in this section and section	70521
3701.741 of the Revised Code:	70522

(1) "Ambulatory care facility" means a facility that provides	70523
medical, diagnostic, or surgical treatment to patients who do not	70524
require hospitalization, including a dialysis center, ambulatory	70525
surgical facility, cardiac catheterization facility, diagnostic	70526
imaging center, extracorporeal shock wave lithotripsy center, home	70527
health agency, inpatient hospice, birthing center, radiation	70528
therapy center, emergency facility, and an urgent care center.	70529
"Ambulatory care facility" does not include the private office of	70530
a physician or dentist, whether the office is for an individual or	70531
group practice.	70532

(2) "Chiropractor" means an individual licensed under Chapter	70533
4734. of the Revised Code to practice chiropractic.	70534

(3) "Emergency facility" means a hospital emergency	70535
department or any other facility that provides emergency medical	70536
services.	70537

(4) "Health care practitioner" means all of the following:

70538

(a) A dentist or dental hygienist licensed under Chapter	70539
4715. of the Revised Code;	70540

(b) A registered or licensed practical nurse licensed under	70541
Chapter 4723. of the Revised Code;	70542

(c) An optometrist licensed under Chapter 4725. of the	70543
Revised Code;	70544

(d) A dispensing optician, spectacle dispensing optician,	70545
contact lens dispensing optician, or spectacle-contact lens	70546
dispensing optician licensed under Chapter 4725. of the Revised	70547
Code;	70548

(e) A pharmacist licensed under Chapter 4729. of the Revised	70549
Code;	70550

(f) A physician;

70551

(g) A physician assistant authorized under Chapter 4730. of	70552
the Revised Code to practice as a physician assistant;	70553

(h) A practitioner of a limited branch of medicine issued a	70554
certificate under Chapter 4731. of the Revised Code;	70555

(i) A psychologist licensed under Chapter 4732. of the	70556
Revised Code;	70557

(j) A chiropractor;

70558

(k) A hearing aid dealer or fitter licensed under Chapter	70559
4747. of the Revised Code;	70560

(l) A speech-language pathologist or audiologist licensed	70561
under Chapter 4753. of the Revised Code;	70562

(m) An occupational therapist or occupational therapy	70563
assistant licensed under Chapter 4755. of the Revised Code;	70564

(n) A physical therapist or physical therapy assistant	70565
licensed under Chapter 4755. of the Revised Code;	70566

(o) A professional clinical counselor, professional	70567
counselor, social worker, or independent social worker licensed,	70568
or a social work assistant registered, under Chapter 4757. of the	70569
Revised Code;	70570

(p) A dietitian licensed under Chapter 4759. of the Revised	70571
Code;	70572

(q) A respiratory care professional licensed under Chapter	70573
4761. of the Revised Code;	70574

(r) An emergency medical technician-basic, emergency medical	70575
technician-intermediate, or emergency medical technician-paramedic	70576
certified under Chapter 4765. of the Revised Code.	70577

(5) "Health care provider" means a hospital, ambulatory care	70578
facility, long-term care facility, pharmacy, emergency facility,	70579
or health care practitioner.	70580

(6) "Hospital" has the same meaning as in section 3727.01 of	70581
the Revised Code.	70582

(7) "Long-term care facility" means a nursing home,	70583
residential care facility, or home for the aging, as those terms	70584
are defined in section 3721.01 of the Revised Code; a residential	70585
facility licensed under section ~~5119.22~~5119.34 of the Revised	70586
Code that provides accommodations, supervision, and personal care	70587
services for three to sixteen unrelated adults; a nursing facility	70588
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	70589
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	70590
~~a facility or portion of a facility certified as~~ a skilled nursing	70591
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	70592
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	70593
5165.01 of the Revised Code; and an intermediate care facility for	70594
individuals with intellectual disabilities, as defined in section	70595
5124.01 of the Revised Code.	70596

(8) "Medical record" means data in any form that pertains to	70597
a patient's medical history, diagnosis, prognosis, or medical	70598
condition and that is generated and maintained by a health care	70599
provider in the process of the patient's health care treatment.	70600

(9) "Medical records company" means a person who stores,	70601
locates, or copies medical records for a health care provider, or	70602
is compensated for doing so by a health care provider, and charges	70603
a fee for providing medical records to a patient or patient's	70604
representative.	70605

(10) "Patient" means either of the following:

70606

(a) An individual who received health care treatment from a	70607
health care provider;	70608

(b) A guardian, as defined in section 1337.11 of the Revised	70609
Code, of an individual described in division (A)(10)(a) of this	70610
section.	70611

(11) "Patient's personal representative" means a minor	70612
patient's parent or other person acting in loco parentis, a	70613
court-appointed guardian, or a person with durable power of	70614
attorney for health care for a patient, the executor or	70615
administrator of the patient's estate, or the person responsible	70616
for the patient's estate if it is not to be probated. "Patient's	70617
personal representative" does not include an insurer authorized	70618
under Title XXXIX of the Revised Code to do the business of	70619
sickness and accident insurance in this state, a health insuring	70620
corporation holding a certificate of authority under Chapter 1751.	70621
of the Revised Code, or any other person not named in this	70622
division.	70623

(12) "Pharmacy" has the same meaning as in section 4729.01 of	70624
the Revised Code.	70625

(13) "Physician" means a person authorized under Chapter	70626
4731. of the Revised Code to practice medicine and surgery,	70627
osteopathic medicine and surgery, or podiatric medicine and	70628
surgery.	70629

(14) "Authorized person" means a person to whom a patient has	70630
given written authorization to act on the patient's behalf	70631
regarding the patient's medical record.	70632

(B) A patient, a patient's personal representative or an	70633
authorized person who wishes to examine or obtain a copy of part	70634
or all of a medical record shall submit to the health care	70635
provider a written request signed by the patient, personal	70636
representative, or authorized person dated not more than one year	70637
before the date on which it is submitted. The request shall	70638
indicate whether the copy is to be sent to the requestor,	70639
physician or chiropractor, or held for the requestor at the office	70640
of the health care provider. Within a reasonable time after	70641
receiving a request that meets the requirements of this division	70642
and includes sufficient information to identify the record	70643
requested, a health care provider that has the patient's medical	70644
records shall permit the patient to examine the record during	70645
regular business hours without charge or, on request, shall	70646
provide a copy of the record in accordance with section 3701.741	70647
of the Revised Code, except that if a physician or chiropractor	70648
who has treated the patient determines for clearly stated	70649
treatment reasons that disclosure of the requested record is	70650
likely to have an adverse effect on the patient, the health care	70651
provider shall provide the record to a physician or chiropractor	70652
designated by the patient. The health care provider shall take	70653
reasonable steps to establish the identity of the person making	70654
the request to examine or obtain a copy of the patient's record.	70655

(C) If a health care provider fails to furnish a medical	70656
record as required by division (B) of this section, the patient,	70657
personal representative, or authorized person who requested the	70658
record may bring a civil action to enforce the patient's right of	70659
access to the record.	70660

(D)(1) This section does not apply to medical records whose	70661
release is covered by section 173.20 or 3721.13 of the Revised	70662
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	70663
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	70664
Records," or by 42 C.F.R. 483.10.	70665

(2) Nothing in this section is intended to supersede the	70666
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	70667
and 2305.252 of the Revised Code.	70668

Sec. 3701.741. (A) Each health care provider and medical	70669
records company shall provide copies of medical records in	70670
accordance with this section.	70671

(B) Except as provided in divisions (C) and (E) of this	70672
section, a health care provider or medical records company that	70673
receives a request for a copy of a patient's medical record shall	70674
charge not more than the amounts set forth in this section.	70675

(1) If the request is made by the patient or the patient's	70676
personal representative, total costs for copies and all services	70677
related to those copies shall not exceed the sum of the following:	70678

(a) Except as provided in division (B)(1)(b) of this section,	70679
with respect to data recorded on paper or electronically, the	70680
following amounts adjusted in accordance with section 3701.742 of	70681
the Revised Code:	70682

(i) Two dollars and seventy-four cents per page for the first	70683
ten pages;	70684

(ii) Fifty-seven cents per page for pages eleven through	70685
fifty;	70686

(iii) Twenty-three cents per page for pages fifty-one and	70687
higher;	70688

(b) With respect to data resulting from an x-ray, magnetic	70689
resonance imaging (MRI), or computed axial tomography (CAT) scan	70690
and recorded on paper or film, one dollar and eighty-seven cents	70691
per page;	70692

(c) The actual cost of any related postage incurred by the	70693
health care provider or medical records company.	70694

(2) If the request is made other than by the patient or the	70695
patient's personal representative, total costs for copies and all	70696
services related to those copies shall not exceed the sum of the	70697
following:	70698

(a) An initial fee of sixteen dollars and eighty-four cents	70699
adjusted in accordance with section 3701.742 of the Revised Code,	70700
which shall compensate for the records search;	70701

(b) Except as provided in division (B)(2)(c) of this section,	70702
with respect to data recorded on paper or electronically, the	70703
following amounts adjusted in accordance with section 3701.742 of	70704
the Revised Code:	70705

(i) One dollar and eleven cents per page for the first ten	70706
pages;	70707

(ii) Fifty-seven cents per page for pages eleven through	70708
fifty;	70709

(iii) Twenty-three cents per page for pages fifty-one and	70710
higher.	70711

(c) With respect to data resulting from an x-ray, magnetic	70712
resonance imaging (MRI), or computed axial tomography (CAT) scan	70713
and recorded on paper or film, one dollar and eighty-seven cents	70714
per page;	70715

(d) The actual cost of any related postage incurred by the	70716
health care provider or medical records company.	70717

(C)(1) On request, a health care provider or medical records	70718
company shall provide one copy of the patient's medical record and	70719
one copy of any records regarding treatment performed subsequent	70720
to the original request, not including copies of records already	70721
provided, without charge to the following:	70722

(a) The bureau of workers' compensation, in accordance with	70723
Chapters 4121. and 4123. of the Revised Code and the rules adopted	70724
under those chapters;	70725

(b) The industrial commission, in accordance with Chapters	70726
4121. and 4123. of the Revised Code and the rules adopted under	70727
those chapters;	70728

(c) The department of ~~job and family services~~medicaid or a	70729
county department of job and family services, in accordance with	70730
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	70731
and ~~5111.~~5167. of the Revised Code and the rules adopted under	70732
those chapters;	70733

(d) The attorney general, in accordance with sections 2743.51	70734
to 2743.72 of the Revised Code and any rules that may be adopted	70735
under those sections;	70736

(e) A patient, patient's personal representative, or	70737
authorized person if the medical record is necessary to support a	70738
claim under Title II or Title XVI of the "Social Security Act," 49	70739
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	70740
request is accompanied by documentation that a claim has been	70741
filed.	70742

(2) Nothing in division (C)(1) of this section requires a	70743
health care provider or medical records company to provide a copy	70744
without charge to any person or entity not listed in division	70745
(C)(1) of this section.	70746

(D) Division (C) of this section shall not be construed to	70747
supersede any rule of the bureau of workers' compensation, the	70748
industrial commission, or the department of ~~job and family~~	70749
~~services~~medicaid.	70750

(E) A health care provider or medical records company may	70751
enter into a contract with either of the following for the copying	70752
of medical records at a fee other than as provided in division (B)	70753
of this section:	70754

(1) A patient, a patient's personal representative, or an	70755
authorized person;	70756

(2) An insurer authorized under Title XXXIX of the Revised	70757
Code to do the business of sickness and accident insurance in this	70758
state or health insuring corporations holding a certificate of	70759
authority under Chapter 1751. of the Revised Code.	70760

(F) This section does not apply to medical records the	70761
copying of which is covered by section 173.20 of the Revised Code	70762
or by 42 C.F.R. 483.10.	70763

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	70764
amounts specified in division (B) of section 3701.741 of the	70765
Revised Code ~~and, not later than the first day of January of each~~	70766
~~year thereafter,~~shall be adjusted annually in accordance with	70767
this section. These amounts plus any amounts previously computed	70768
by annual adjustments made under this section, shall be increased	70769
or decreased by the average percentage of increase or decrease in	70770
the consumer price index for all urban consumers (United States	70771
city average, all items), prepared by the United States department	70772
of labor, bureau of labor statistics, for the	70773
~~twelve-calendar-month period prior to the~~ immediately preceding	70774
~~first day of January~~calendar year over the calendar year	70775
immediately preceding ~~twelve-calendar-month period~~that year, as	70776
reported by the bureau. The director of health shall make this	70777
determination and adjust the amounts accordingly. The director	70778
shall ~~provide a list of the adjusted amounts to any party upon~~	70779
~~request and the department of health shall~~ make ~~the~~a list of the	70780
adjusted amounts available to the public on ~~its~~the internet web	70781
site maintained by the department of health.	70782

Sec. 3701.78. (A) There is hereby created the commission on	70783
minority health, consisting of twenty-one members. The governor	70784
shall appoint to the commission nine members from among health	70785
researchers, health planners, and health professionals. The	70786
governor also shall appoint two members who are representatives of	70787
the lupus awareness and education program. The speaker of the	70788
house of representatives shall appoint to the commission two	70789
members of the house of representatives, not more than one of whom	70790
is a member of the same political party, and the president of the	70791
senate shall appoint to the commission two members of the senate,	70792
not more than one of whom is a member of the same political party.	70793
The following shall be members of the commission: the directors of	70794
health, ~~mental health~~mental health and addiction services,	70795
developmental disabilities, ~~alcohol and drug addiction services,~~	70796
and job and family services, or their designees,; the medicaid	70797
director, or the director's designee; and the superintendent of	70798
public instruction, or the superintendent's designee~~, shall be~~	70799
~~members of the commission~~. ~~The~~	70800

The commission shall elect a chairperson from among its	70801
members. Of	70802

Of the members appointed by the governor, five shall be	70803
appointed to initial terms of one year, and four shall be	70804
appointed to initial terms of two years. Thereafter, all members	70805
appointed by the governor shall be appointed to terms of two	70806
years. All members of the commission appointed by the speaker of	70807
the house of representatives or the president of the senate shall	70808
be nonvoting members of the commission and be appointed within	70809
thirty days after the commencement of the first regular session of	70810
each general assembly, and shall serve until the expiration of the	70811
session of the general assembly during which they were appointed.	70812
~~Members~~	70813

Members of the commission shall serve without compensation,	70814
but shall be reimbursed for the actual and necessary expenses they	70815
incur in the performance of their official duties.	70816

(B) The commission shall promote health and the prevention of	70817
disease among members of minority groups. Each year the commission	70818
shall distribute grants from available funds to community-based	70819
health groups to be used to promote health and the prevention of	70820
disease among members of minority groups. As used in this	70821
division, "minority group" means any of the following economically	70822
disadvantaged groups: Blacks, American Indians, Hispanics, and	70823
Orientals. The commission shall adopt and maintain rules pursuant	70824
to Chapter 119. of the Revised Code to provide for the	70825
distribution of these grants. No group shall qualify to receive a	70826
grant from the commission unless it receives at least twenty per	70827
cent of its funds from sources other than grants distributed under	70828
this section.	70829

(C) The commission may appoint such employees as it considers	70830
necessary to carry out its duties under this section. The	70831
department of health shall provide office space for the	70832
commission.	70833

(D) The commission shall meet at the call of its chairperson	70834
to conduct its official business. A majority of the voting members	70835
of the commission constitute a quorum. The votes of at least eight	70836
voting members of the commission are necessary for the commission	70837
to take any official action or to approve the distribution of	70838
grants under this section.	70839

Sec. 3701.881. (A) As used in this section:

70840

(1) "Applicant" means a person who is under final	70841
consideration for employment with a home health agency in a	70842
full-time, part-time, or temporary position that involves	70843
providing direct care to an individual or is referred to a home	70844
health agency by an employment service for such a position.	70845

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	70846
~~same meaning~~means a provider as defined in section 173.39 of the	70847
Revised Code.	70848

(3) "Community-based long-term care subcontractor" means a	70849
subcontractor as defined in section 173.38 of the Revised Code.	70850

(4) "Criminal records check" has the same meaning as in	70851
section 109.572 of the Revised Code.	70852

~~(4)~~(5) "Direct care" means any of the following:

70853

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	70854
of this section that is provided in a patient's place of residence	70855
used as the patient's home;	70856

(b) Any activity that requires the person performing the	70857
activity to be routinely alone with a patient or to routinely have	70858
access to a patient's personal property or financial documents	70859
regarding a patient;	70860

(c) For each home health agency individually, any other	70861
routine service or activity that the chief administrator of the	70862
home health agency designates as direct care.	70863

~~(5)~~(6) "Disqualifying offense" means any of the offenses	70864
listed or described in divisions (A)(3)(a) to (e) of section	70865
109.572 of the Revised Code.	70866

~~(6)~~(7) "Employee" means a person employed by a home health	70867
agency in a full-time, part-time, or temporary position that	70868
involves providing direct care to an individual and a person who	70869
works in such a position due to being referred to a home health	70870
agency by an employment service.	70871

~~(7)~~(8) "Home health agency" means a person or government	70872
entity, other than a nursing home, residential care facility,	70873
hospice care program, or pediatric respite care program, that has	70874
the primary function of providing any of the following services to	70875
a patient at a place of residence used as the patient's home:	70876

(a) Skilled nursing care;

70877

(b) Physical therapy;

70878

70879

(d) Occupational therapy;

70880

(e) Medical social services;

70881

(f) Home health aide services.

70882

~~(8)~~(9) "Home health aide services" means any of the following	70883
services provided by an employee of a home health agency:	70884

(a) Hands-on bathing or assistance with a tub bath or shower;

70885

(b) Assistance with dressing, ambulation, and toileting;

70886

70887

(d) Meal preparation and feeding.

70888

~~(9)~~(10) "Hospice care program" and "pediatric respite care	70889
program" have the same meanings as in section 3712.01 of the	70890
Revised Code.	70891

~~(10)~~(11) "Medical social services" means services provided by	70892
a social worker under the direction of a patient's attending	70893
physician.	70894

~~(11)~~(12) "Minor drug possession offense" has the same meaning	70895
as in section 2925.01 of the Revised Code.	70896

~~(12)~~(13) "Nursing home," "residential care facility," and	70897
"skilled nursing care" have the same meanings as in section	70898
3721.01 of the Revised Code.	70899

~~(13)~~(14) "Occupational therapy" has the same meaning as in	70900
section 4755.04 of the Revised Code.	70901

~~(14)~~(15) "Physical therapy" has the same meaning as in	70902
section 4755.40 of the Revised Code.	70903

~~(15)~~(16) "Social worker" means a person licensed under	70904
Chapter 4757. of the Revised Code to practice as a social worker	70905
or independent social worker.	70906

~~(16)~~(17) "Speech-language pathology" has the same meaning as	70907
in section 4753.01 of the Revised Code.	70908

~~(17)~~(18) "Waiver agency" has the same meaning as in section	70909
~~5111.033~~5164.342 of the Revised Code.	70910

(B) No home health agency shall employ an applicant or	70911
continue to employ an employee in a position that involves	70912
providing direct care to an individual if any of the following	70913
apply:	70914

(1) A review of the databases listed in division (D) of this	70915
section reveals any of the following:	70916

(a) That the applicant or employee is included in one or more	70917
of the databases listed in divisions (D)(1) to (5) of this	70918
section;	70919

(b) That there is in the state nurse aide registry	70920
established under section 3721.32 of the Revised Code a statement	70921
detailing findings by the director of health that the applicant or	70922
employee neglected or abused a long-term care facility or	70923
residential care facility resident or misappropriated property of	70924
such a resident;	70925

(c) That the applicant or employee is included in one or more	70926
of the databases, if any, specified in rules adopted under this	70927
section and the rules prohibit the home health agency from	70928
employing an applicant or continuing to employ an employee	70929
included in such a database in a position that involves providing	70930
direct care to an individual.	70931

(2) After the applicant or employee is provided, pursuant to	70932
division (E)(2)(a) of this section, a copy of the form prescribed	70933
pursuant to division (C)(1) of section 109.572 of the Revised Code	70934
and the standard impression sheet prescribed pursuant to division	70935
(C)(2) of that section, the applicant or employee fails to	70936
complete the form or provide the applicant's or employee's	70937
fingerprint impressions on the standard impression sheet.	70938

(3) Except as provided in rules adopted under this section,	70939
the applicant or employee is found by a criminal records check	70940
required by this section to have been convicted of, pleaded guilty	70941
to, or been found eligible for intervention in lieu of conviction	70942
for a disqualifying offense.	70943

(C) Except as provided by division (F) of this section, the	70944
chief administrator of a home health agency shall inform each	70945
applicant of both of the following at the time of the applicant's	70946
initial application for employment or referral to the home health	70947
agency by an employment service for a position that involves	70948
providing direct care to an individual:	70949

(1) That a review of the databases listed in division (D) of	70950
this section will be conducted to determine whether the home	70951
health agency is prohibited by division (B)(1) of this section	70952
from employing the applicant in the position;	70953

(2) That, unless the database review reveals that the	70954
applicant may not be employed in the position, a criminal records	70955
check of the applicant will be conducted and the applicant is	70956
required to provide a set of the applicant's fingerprint	70957
impressions as part of the criminal records check.	70958

(D) As a condition of employing any applicant in a position	70959
that involves providing direct care to an individual, the chief	70960
administrator of a home health agency shall conduct a database	70961
review of the applicant in accordance with rules adopted under	70962
this section. If rules adopted under this section so require, the	70963
chief administrator of a home health agency shall conduct a	70964
database review of an employee in accordance with the rules as a	70965
condition of continuing to employ the employee in a position that	70966
involves providing direct care to an individual. However, the	70967
chief administrator is not required to conduct a database review	70968
of an applicant or employee if division (F) of this section	70969
applies. A database review shall determine whether the applicant	70970
or employee is included in any of the following:	70971

(1) The excluded parties list system that is maintained by	70972
the United States general services administration pursuant to	70973
subpart 9.4 of the federal acquisition regulation and available at	70974
the federal web site known as the system for award management;	70975

(2) The list of excluded individuals and entities maintained	70976
by the office of inspector general in the United States department	70977
of health and human services pursuant to ~~section 1128 of~~ the	70978
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	70979
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	70980
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	70981
~~as amended~~;	70982

(3) The registry of MR/DD employees established under section	70983
5123.52 of the Revised Code;	70984

(4) The internet-based sex offender and child-victim offender	70985
database established under division (A)(11) of section 2950.13 of	70986
the Revised Code;	70987

(5) The internet-based database of inmates established under	70988
section 5120.66 of the Revised Code;	70989

(6) The state nurse aide registry established under section	70990
3721.32 of the Revised Code;	70991

(7) Any other database, if any, specified in rules adopted	70992
under this section.	70993

(E)(1) As a condition of employing any applicant in a	70994
position that involves providing direct care to an individual, the	70995
chief administrator of a home health agency shall request the	70996
superintendent of the bureau of criminal identification and	70997
investigation to conduct a criminal records check of the	70998
applicant. If rules adopted under this section so require, the	70999
chief administrator of a home health agency shall request the	71000
superintendent to conduct a criminal records check of an employee	71001
at times specified in the rules as a condition of continuing to	71002
employ the employee in a position that involves providing direct	71003
care to an individual. However, the chief administrator is not	71004
required to request the criminal records check of the applicant or	71005
the employee if division (F) of this section applies or the home	71006
health agency is prohibited by division (B)(1) of this section	71007
from employing the applicant or continuing to employ the employee	71008
in a position that involves providing direct care to an	71009
individual. If an applicant or employee for whom a criminal	71010
records check request is required by this section does not present	71011
proof of having been a resident of this state for the five-year	71012
period immediately prior to the date upon which the criminal	71013
records check is requested or does not provide evidence that	71014
within that five-year period the superintendent has requested	71015
information about the applicant from the federal bureau of	71016
investigation in a criminal records check, the chief administrator	71017
shall request that the superintendent obtain information from the	71018
federal bureau of investigation as a part of the criminal records	71019
check. Even if an applicant or employee for whom a criminal	71020
records check request is required by this section presents proof	71021
that the applicant or employee has been a resident of this state	71022
for that five-year period, the chief administrator may request	71023
that the superintendent include information from the federal	71024
bureau of investigation in the criminal records check.	71025

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

71026

(a) Provide to each applicant and employee for whom a	71027
criminal records check request is required by this section a copy	71028
of the form prescribed pursuant to division (C)(1) of section	71029
109.572 of the Revised Code and a standard impression sheet	71030
prescribed pursuant to division (C)(2) of that section;	71031

(b) Obtain the completed form and standard impression sheet	71032
from each applicant and employee;	71033

(c) Forward the completed form and standard impression sheet	71034
to the superintendent at the time the chief administrator requests	71035
the criminal records check.	71036

(3) A home health agency shall pay to the bureau of criminal	71037
identification and investigation the fee prescribed pursuant to	71038
division (C)(3) of section 109.572 of the Revised Code for each	71039
criminal records check the agency requests under this section. A	71040
home health agency may charge an applicant a fee not exceeding the	71041
amount the agency pays to the bureau under this section if both of	71042
the following apply:	71043

(a) The home health agency notifies the applicant at the time	71044
of initial application for employment of the amount of the fee and	71045
that, unless the fee is paid, the applicant will not be considered	71046
for employment.	71047

(b) The medicaid program ~~established under Chapter 5111. of~~	71048
~~the Revised Code~~ does not reimburse the home health agency for the	71049
fee it pays to the bureau under this section.	71050

(F) Divisions (C) to (E) of this section do not apply with	71051
regard to an applicant or employee if the applicant or employee is	71052
referred to a home health agency by an employment service that	71053
supplies full-time, part-time, or temporary staff for positions	71054
that involve providing direct care to an individual and both of	71055
the following apply:	71056

(1) The chief administrator of the home health agency	71057
receives from the employment service confirmation that a review of	71058
the databases listed in division (D) of this section was conducted	71059
with regard to the applicant or employee.	71060

(2) The chief administrator of the home health agency	71061
receives from the employment service, applicant, or employee a	71062
report of the results of a criminal records check of the applicant	71063
or employee that has been conducted by the superintendent within	71064
the one-year period immediately preceding the following:	71065

(a) In the case of an applicant, the date of the applicant's	71066
referral by the employment service to the home health agency;	71067

(b) In the case of an employee, the date by which the home	71068
health agency would otherwise have to request a criminal records	71069
check of the employee under division (E) of this section.	71070

(G)(1) A home health agency may employ conditionally an	71071
applicant for whom a criminal records check request is required by	71072
this section before obtaining the results of the criminal records	71073
check if the agency is not prohibited by division (B) of this	71074
section from employing the applicant in a position that involves	71075
providing direct care to an individual and either of the following	71076
applies:	71077

(a) The chief administrator of the home health agency	71078
requests the criminal records check in accordance with division	71079
(E) of this section not later than five business days after the	71080
applicant begins conditional employment.	71081

(b) The applicant is referred to the home health agency by an	71082
employment service, the employment service or the applicant	71083
provides the chief administrator of the agency a letter that is on	71084
the letterhead of the employment service, the letter is dated and	71085
signed by a supervisor or another designated official of the	71086
employment service, and the letter states all of the following:	71087

(i) That the employment service has requested the	71088
superintendent to conduct a criminal records check regarding the	71089
applicant;	71090

(ii) That the requested criminal records check is to include	71091
a determination of whether the applicant has been convicted of,	71092
pleaded guilty to, or been found eligible for intervention in lieu	71093
of conviction for a disqualifying offense;	71094

(iii) That the employment service has not received the	71095
results of the criminal records check as of the date set forth on	71096
the letter;	71097

(iv) That the employment service promptly will send a copy of	71098
the results of the criminal records check to the chief	71099
administrator of the home health agency when the employment	71100
service receives the results.	71101

(2) If a home health agency employs an applicant	71102
conditionally pursuant to division (G)(1)(b) of this section, the	71103
employment service, on its receipt of the results of the criminal	71104
records check, promptly shall send a copy of the results to the	71105
chief administrator of the agency.	71106

(3) A home health agency that employs an applicant	71107
conditionally pursuant to division (G)(1)(a) or (b) of this	71108
section shall terminate the applicant's employment if the results	71109
of the criminal records check, other than the results of any	71110
request for information from the federal bureau of investigation,	71111
are not obtained within the period ending sixty days after the	71112
date the request for the criminal records check is made.	71113
Regardless of when the results of the criminal records check are	71114
obtained, if the results indicate that the applicant has been	71115
convicted of, pleaded guilty to, or been found eligible for	71116
intervention in lieu of conviction for a disqualifying offense,	71117
the home health agency shall terminate the applicant's employment	71118
unless circumstances specified in rules adopted under this section	71119
that permit the agency to employ the applicant exist and the	71120
agency chooses to employ the applicant. Termination of employment	71121
under this division shall be considered just cause for discharge	71122
for purposes of division (D)(2) of section 4141.29 of the Revised	71123
Code if the applicant makes any attempt to deceive the home health	71124
agency about the applicant's criminal record.	71125

(H) The report of any criminal records check conducted by the	71126
bureau of criminal identification and investigation in accordance	71127
with section 109.572 of the Revised Code and pursuant to a request	71128
made under this section is not a public record for the purposes of	71129
section 149.43 of the Revised Code and shall not be made available	71130
to any person other than the following:	71131

(1) The applicant or employee who is the subject of the	71132
criminal records check or the applicant's or employee's	71133
representative;	71134

(2) The home health agency requesting the criminal records	71135
check or its representative;	71136

(3) The administrator of any other facility, agency, or	71137
program that provides direct care to individuals that is owned or	71138
operated by the same entity that owns or operates the home health	71139
agency that requested the criminal records check;	71140

(4) The employment service that requested the criminal	71141
records check;	71142

(5) The director of health and the staff of the department of	71143
health who monitor a home health agency's compliance with this	71144
section;	71145

(6) The director of aging or the director's designee if	71146
either of the following apply:	71147

(a) In the case of a criminal records check requested by a	71148
home health agency, the home health agency also is a	71149
community-based long-term care ~~agency~~provider or community-based	71150
long-term care subcontractor;	71151

(b) In the case of a criminal records check requested by an	71152
employment service, the employment service makes the request for	71153
an applicant or employee the employment service refers to a home	71154
health agency that also is a community-based long-term care	71155
~~agency~~provider or community-based long-term care subcontractor.	71156

(7) The medicaid director ~~of job and family services~~ and the	71157
staff of the department of ~~job and family services~~medicaid who	71158
are involved in the administration of the medicaid program if	71159
either of the following apply:	71160

(a) In the case of a criminal records check requested by a	71161
home health agency, the home health agency also is a waiver	71162
agency;	71163

(b) In the case of a criminal records check requested by an	71164
employment service, the employment service makes the request for	71165
an applicant or employee the employment service refers to a home	71166
health agency that also is a waiver agency.	71167

(8) Any court, hearing officer, or other necessary individual	71168
involved in a case dealing with any of the following:	71169

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

71170

(b) Employment or unemployment benefits of the applicant or	71171
employee;	71172

(c) A civil or criminal action regarding the medicaid	71173
program.	71174

(I) In a tort or other civil action for damages that is	71175
brought as the result of an injury, death, or loss to person or	71176
property caused by an applicant or employee who a home health	71177
agency employs in a position that involves providing direct care	71178
to an individual, all of the following shall apply:	71179

(1) If the home health agency employed the applicant or	71180
employee in good faith and reasonable reliance on the report of a	71181
criminal records check requested under this section, the agency	71182
shall not be found negligent solely because of its reliance on the	71183
report, even if the information in the report is determined later	71184
to have been incomplete or inaccurate.	71185

(2) If the home health agency employed the applicant in good	71186
faith on a conditional basis pursuant to division (G) of this	71187
section, the agency shall not be found negligent solely because it	71188
employed the applicant prior to receiving the report of a criminal	71189
records check requested under this section.	71190

(3) If the home health agency in good faith employed the	71191
applicant or employee according to the personal character	71192
standards established in rules adopted under this section, the	71193
agency shall not be found negligent solely because the applicant	71194
or employee had been convicted of, pleaded guilty to, or been	71195
found eligible for intervention in lieu of conviction for a	71196
disqualifying offense.	71197

(J) The director of health shall adopt rules in accordance	71198
with Chapter 119. of the Revised Code to implement this section.	71199

(1) The rules may do the following:

71200

(a) Require employees to undergo database reviews and	71201
criminal records checks under this section;	71202

(b) If the rules require employees to undergo database	71203
reviews and criminal records checks under this section, exempt one	71204
or more classes of employees from the requirements;	71205

(c) For the purpose of division (D)(7) of this section,	71206
specify other databases that are to be checked as part of a	71207
database review conducted under this section.	71208

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

71209

(a) The procedures for conducting database reviews under this	71210
section;	71211

(b) If the rules require employees to undergo database	71212
reviews and criminal records checks under this section, the times	71213
at which the database reviews and criminal records checks are to	71214
be conducted;	71215

(c) If the rules specify other databases to be checked as	71216
part of the database reviews, the circumstances under which a home	71217
health agency is prohibited from employing an applicant or	71218
continuing to employ an employee who is found by a database review	71219
to be included in one or more of those databases;	71220

(d) Circumstances under which a home health agency may employ	71221
an applicant or employee who is found by a criminal records check	71222
required by this section to have been convicted of, pleaded guilty	71223
to, or been found eligible for intervention in lieu of conviction	71224
for a disqualifying offense but meets personal character	71225
standards.	71226

Sec. 3701.921. There is hereby established the patient	71227
centered medical home education program in the department of	71228
health. For the purpose of advancing education in the patient	71229
centered medical home model of care, the director of health may	71230
implement and administer the program pursuant to sections 3701.922	71231
to 3701.929 of the Revised Code. The patient centered medical home	71232
model of care is an enhanced model of primary care in which care	71233
teams attend to the multifaceted needs of patients, providing	71234
whole person comprehensive and coordinate patient centered care.	71235

To the extent that funds are available, the program shall	71236
include the patient centered medical home education pilot project	71237
and may include any other ~~pilot~~ projects the director establishes	71238
pursuant to division (A)(3) of section 3701.922 of the Revised	71239
Code.	71240

Sec. 3701.922. (A) The director of health may do any of the	71241
following to implement and administer the patient centered medical	71242
home education program:	71243

(1) Develop and implement programs of education or training	71244
on the patient centered medical home model of care or other	71245
similar enhanced models of coordinated patient centered care that	71246
are intended to address the multifaceted needs of patients and	71247
provide whole person comprehensive and coordinated patient	71248
centered care;	71249

(2) Advise, consult, cooperate with, and assist, by contract	71250
or other arrangement, government agencies or institutions or	71251
private organizations, corporations, or associations in the	71252
development and promotion of programs pertaining to the evaluation	71253
and implementation of the patient centered medical home model of	71254
care or other similar enhanced models of coordinated patient	71255
centered care;	71256

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

71257

~~(a) Evaluate or implement the patient centered medical home~~	71258
~~model of care or other similar enhanced models of coordinated~~	71259
~~patient centered care;~~	71260

~~(b) Provide~~provide education or training on the patient	71261
centered medical home model of care or other similar enhanced	71262
models of coordinated patient centered care.	71263

(4) Seek and administer state funds or grants from other	71264
sources to carry out any functions of the patient centered medical	71265
home education program.	71266

Any funds or grants received by the director for purposes of	71267
the program shall be used for the program.	71268

(B) The director may adopt rules as necessary to implement	71269
and administer the patient centered medical home education	71270
program, including rules that define what constitutes a "patient	71271
centered medical home" for purposes of an entity authorized to	71272
provide care coordination services. The rules shall be adopted in	71273
accordance with Chapter 119. of the Revised Code.	71274

Sec. 3701.94. There is hereby established the patient	71275
centered medical home program in the department of health. The	71276
patient centered medical home model of care is an advanced model	71277
of primary care in which care teams attend to the multifaceted	71278
needs of patients, providing whole person comprehensive and	71279
coordinated patient centered care.	71280

Sec. 3701.941. (A) As part of the patient centered medical	71281
home program established under section 3701.94 of the Revised	71282
Code, the department of health shall establish a voluntary patient	71283
centered medical home certification program.	71284

(B) Each primary care practice, that seeks a patient centered	71285
medical home certificate shall submit an application on a form	71286
prepared by the department. The department may require an	71287
application fee and annual renewal fee as determined by the	71288
department. If the department establishes a fee under this	71289
section, the fee shall be in an amount that is sufficient to cover	71290
the cost of any on-site evaluations conducted by the department or	71291
an entity under contract with the department pursuant to section	71292
3701.942 of the Revised Code.	71293

(C) A practice certified under this section shall do all of	71294
the following:	71295

(1) Meet any standards developed by national independent	71296
accrediting and medical home organizations, as determined by the	71297
department;	71298

(2) Develop a systematic follow-up procedure for patients,	71299
including the use of health information technology and patient	71300
registries;	71301

(3) Implement and maintain health information technology that	71302
meets the requirements of 42 U.S.C. 300jj;	71303

(4) Comply with the reporting requirements of section	71304
3701.942 of the Revised Code;	71305

(5) Meet any process, outcome, and quality standards	71306
specified by the department of health;	71307

(6) Meet any other requirements established by the	71308
department.	71309

(D) The department shall seek to do all of the following	71310
through the certification of patient centered medical homes:	71311

(1) Expand, enhance, and encourage the use of primary care	71312
providers, including primary care physicians, advanced practice	71313
registered nurses, and physician assistants, as personal	71314
clinicians;	71315

(2) Develop a focus on delivering high-quality, efficient,	71316
and effective health care services;	71317

(3) Encourage patient centered care and the provision of care	71318
that is appropriate for a patient's race, ethnicity, and language;	71319

(4) Encourage the education and active participation of	71320
patients and patients' families or legal guardians, as	71321
appropriate, in decision making and care plan development;	71322

(5) Provide patients with consistent, ongoing contact with a	71323
personal clinician or team of clinical professionals to ensure	71324
continuous and appropriate care;	71325

(6) Ensure that patient centered medical homes develop and	71326
maintain appropriate comprehensive care plans for patients with	71327
complex or chronic conditions, including an assessment of health	71328
risks and chronic conditions;	71329

(7) Ensure that patient centered medical homes plan for	71330
transition of care from youth to adult to senior;	71331

(8) Enable and encourage use of a range of qualified health	71332
care professionals, including dedicated care coordinators, in a	71333
manner that enables those professionals to practice to the fullest	71334
extent of their professional licenses.	71335

Sec. 3701.942. (A) Each certified patient centered medical	71336
home shall report health care quality and performance information	71337
to the department of health, including any data necessary for	71338
monitoring compliance with certification standards and for	71339
evaluating the impact of patient centered medical homes on health	71340
care quality, cost, and outcomes.	71341

(B) The department may contract with a private entity to	71342
evaluate the effectiveness of certified patient centered medical	71343
homes. The department may provide the entity with data collected	71344
under division (A) of this section.	71345

(C) The department may contract with national independent	71346
accrediting and medical home organizations to provide on-site	71347
evaluation of primary care practices and verification of data	71348
collected under division (A) of this section.	71349

(D) Data collected under this section is not a public record	71350
under section 149.43 of the Revised Code.	71351

Sec. 3701.943. (A) The department of health shall submit a	71352
report to the governor and, in accordance with section 101.68 of	71353
the Revised Code, the general assembly, evaluating the patient	71354
centered medical home program not later than three years after	71355
rules adopted pursuant to section 3701.944 of the Revised Code	71356
first become effective. The department shall submit a second	71357
report not later than five years after those rules first become	71358
effective.	71359

(B) The reports submitted under division (A) of this section	71360
shall include all of the following:	71361

(1) The number of patients receiving primary care services	71362
from certified patient centered medical homes and the number and	71363
characteristics of those patients with complex or chronic	71364
conditions. To the extent available, information regarding the	71365
income, race, ethnicity, and language of patients shall be	71366
included in the reports;	71367

(2) The number and geographic distribution of certified	71368
patient centered medical homes;	71369

(3) Performance of and quality of care measures implemented	71370
by certified patient centered medical homes;	71371

(4) Preventive care measures implemented by certified patient	71372
centered medical homes;	71373

(5) Payment arrangements of certified patient centered	71374
medical homes;	71375

(6) Costs related to implementation of the patient centered	71376
medical home program and payment of care coordination fees;	71377

(7) The estimated effect of certified patient centered	71378
medical homes on health disparities;	71379

(8) The estimated savings from establishing the patient	71380
centered medical home program, as those savings apply to the fee	71381
for service, managed care, and state-based purchasing sectors.	71382

Sec. 3701.944. The department of health shall adopt rules in	71383
accordance with Chapter 119. of the Revised Code to do all of the	71384
following:	71385

(A) Considering the goals set forth in section 3701.941 of	71386
the Revised Code, establish standards and procedures for	71387
certifying a primary care practice as a patient centered medical	71388
home;	71389

(B) Specify the types of medical practices that constitute	71390
primary care practices for the purpose of certifying patient	71391
centered medical homes;	71392

(C) Specify the health care quality and performance	71393
information that certified patient centered medical homes must	71394
report to the department pursuant to section 3701.942 of the	71395
Revised Code.	71396

Sec. 3701.96. As used in this section, "board of health"	71397
means a board of health of a city or general health district or an	71398
authority having the duties of a board of health under section	71399
3709.05 of the Revised Code.	71400

If a zoonotic disease program is administered by the	71401
department of health, the director of health may charge a board of	71402
health a fee for each service the program provides to the board.	71403
The fee amount shall be determined by the director and be	71404
commensurate with the department's cost to provide the service.	71405
The board shall pay the fee associated with a service at the time	71406
the service is provided.	71407

Sec. 3701.98. Not later than July 1, 2014, the director of	71408
health shall establish both of the following by rule adopted under	71409
Chapter 119. of the Revised Code:	71410

(A) A standardized process by which all general and city	71411
health districts shall collect and report to the director	71412
information regarding public health quality indicators.	71413

(B) A policy and procedures for the sharing of health data	71414
reported under this section with payers, providers, general and	71415
city health districts, and public health professionals.	71416

The rules shall identify the public health quality indicators	71417
that are to be a priority for general and city health districts	71418
and the information to be collected and reported regarding those	71419
indicators. The director of health shall work in conjunction with	71420
the association of county health commissioners in identifying the	71421
public health quality indicators.	71422

Sec. 3701.99. (A) Whoever violates division (C) of section	71423
3701.23, division (C) of section 3701.232, division (C) of section	71424
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	71425
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	71426
3701.46 to 3701.55 of the Revised Code is guilty of a minor	71427
misdemeanor on a first offense; on each subsequent offense, the	71428
person is guilty of a misdemeanor of the fourth degree.	71429

(B) Whoever violates section 3701.82 of the Revised Code is	71430
guilty of a misdemeanor of the first degree.	71431

(C) Whoever violates section 3701.352 or 3701.81 of the	71432
Revised Code is guilty of a misdemeanor of the second degree.	71433

Sec. 3702.30. (A) As used in this section:

71434

(1) "Ambulatory surgical facility" means a facility, whether	71435
or not part of the same organization as a hospital, that is	71436
located in a building distinct from another in which inpatient	71437
care is provided, and to which any of the following apply:	71438

(a) Outpatient surgery is routinely performed in the	71439
facility, and the facility functions separately from a hospital's	71440
inpatient surgical service and from the offices of private	71441
physicians, podiatrists, and dentists.	71442

(b) Anesthesia is administered in the facility by an	71443
anesthesiologist or certified registered nurse anesthetist, and	71444
the facility functions separately from a hospital's inpatient	71445
surgical service and from the offices of private physicians,	71446
podiatrists, and dentists.	71447

(c) The facility applies to be certified by the United States	71448
centers for medicare and medicaid services as an ambulatory	71449
surgical center for purposes of reimbursement under Part B of the	71450
medicare program, Part B of Title XVIII of the "Social Security	71451
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	71452

(d) The facility applies to be certified by a national	71453
accrediting body approved by the centers for medicare and medicaid	71454
services for purposes of deemed compliance with the conditions for	71455
participating in the medicare program as an ambulatory surgical	71456
center.	71457

(e) The facility bills or receives from any third-party	71458
payer, governmental health care program, or other person or	71459
government entity any ambulatory surgical facility fee that is	71460
billed or paid in addition to any fee for professional services.	71461

(f) The facility is held out to any person or government	71462
entity as an ambulatory surgical facility or similar facility by	71463
means of signage, advertising, or other promotional efforts.	71464

"Ambulatory surgical facility" does not include a hospital	71465
emergency department.	71466

(2) "Ambulatory surgical facility fee" means a fee for	71467
certain overhead costs associated with providing surgical services	71468
in an outpatient setting. A fee is an ambulatory surgical facility	71469
fee only if it directly or indirectly pays for costs associated	71470
with any of the following:	71471

(a) Use of operating and recovery rooms, preparation areas,	71472
and waiting rooms and lounges for patients and relatives;	71473

(b) Administrative functions, record keeping, housekeeping,	71474
utilities, and rent;	71475

(c) Services provided by nurses, orderlies, technical	71476
personnel, and others involved in patient care related to	71477
providing surgery.	71478

"Ambulatory surgical facility fee" does not include any	71479
additional payment in excess of a professional fee that is	71480
provided to encourage physicians, podiatrists, and dentists to	71481
perform certain surgical procedures in their office or their group	71482
practice's office rather than a health care facility, if the	71483
purpose of the additional fee is to compensate for additional cost	71484
incurred in performing office-based surgery.	71485

(3) "Governmental health care program" has the same meaning	71486
as in section 4731.65 of the Revised Code.	71487

(4) "Health care facility" means any of the following:

71488

(a) An ambulatory surgical facility;

71489

(b) A freestanding dialysis center;

71490

71491

(d) A freestanding birthing center;

71492

(e) A freestanding radiation therapy center;

71493

(f) A freestanding or mobile diagnostic imaging center.

71494

(5) "Third-party payer" has the same meaning as in section	71495
3901.38 of the Revised Code.	71496

(B) By rule adopted in accordance with sections 3702.12 and	71497
3702.13 of the Revised Code, the director of health shall	71498
establish quality standards for health care facilities. The	71499
standards may incorporate accreditation standards or other quality	71500
standards established by any entity recognized by the director.	71501

In the case of an ambulatory surgical facility, the standards	71502
shall require the ambulatory surgical facility to maintain an	71503
infection control program. The purposes of the program are to	71504
minimize infections and communicable diseases and facilitate a	71505
functional and sanitary environment consistent with standards of	71506
professional practice. To achieve these purposes, ambulatory	71507
surgical facility staff managing the program shall create and	71508
administer a plan designed to prevent, identify, and manage	71509
infections and communicable diseases; ensure that the program is	71510
directed by a qualified professional trained in infection control;	71511
ensure that the program is an integral part of the ambulatory	71512
surgical facility's quality assessment and performance improvement	71513
program; and implement in an expeditious manner corrective and	71514
preventive measures that result in improvement.	71515

(C) Every ambulatory surgical facility shall require that	71516
each physician who practices at the facility comply with all	71517
relevant provisions in the Revised Code that relate to the	71518
obtaining of informed consent from a patient.	71519

(D) The director shall issue a license to each health care	71520
facility that makes application for a license and demonstrates to	71521
the director that it meets the quality standards established by	71522
the rules adopted under division (B) of this section and satisfies	71523
the informed consent compliance requirements specified in division	71524
(C) of this section.	71525

(E)(1) Except as provided in division (H) of this section and	71526
in section 3702.301 of the Revised Code, no health care facility	71527
shall operate without a license issued under this section.	71528

(2) If the department of health finds that a physician who	71529
practices at a health care facility is not complying with any	71530
provision of the Revised Code related to the obtaining of informed	71531
consent from a patient, the department shall report its finding to	71532
the state medical board, the physician, and the health care	71533
facility.	71534

(3) This division does not create, and shall not be construed	71535
as creating, a new cause of action or substantive legal right	71536
against a health care facility and in favor of a patient who	71537
allegedly sustains harm as a result of the failure of the	71538
patient's physician to obtain informed consent from the patient	71539
prior to performing a procedure on or otherwise caring for the	71540
patient in the health care facility.	71541

(F) The rules adopted under division (B) of this section	71542
shall include all of the following:	71543

(1) Provisions governing application for, renewal,	71544
suspension, and revocation of a license under this section;	71545

(2) Provisions governing orders issued pursuant to section	71546
3702.32 of the Revised Code for a health care facility to cease	71547
its operations or to prohibit certain types of services provided	71548
by a health care facility;	71549

(3) Provisions governing the imposition under section 3702.32	71550
of the Revised Code of civil penalties for violations of this	71551
section or the rules adopted under this section, including a scale	71552
for determining the amount of the penalties;	71553

(4) Provisions specifying the form inspectors must use when	71554
conducting inspections of ambulatory surgical facilities.	71555

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

71556

(a) "Political subdivision" means any body corporate and	71557
politic that is responsible for governmental activities in a	71558
geographic area smaller than the state.	71559

(b) "Public hospital" means a hospital registered with the	71560
department of health under section 3701.07 of the Revised Code	71561
that is owned, leased, or controlled by this state or any agency,	71562
institution, instrumentality, or political subdivision of this	71563
state. "Public hospital" includes any state university, state	71564
medical college, health district, joint hospital, or public	71565
hospital agency.	71566

(2) An ambulatory surgical facility that performs or induces	71567
abortions shall comply with section 3701.791 of the Revised Code.	71568
For purposes of complying with the written transfer agreement	71569
requirement described in section 3702.303 of the Revised Code,	71570
such an ambulatory surgical facility shall not have a written	71571
transfer agreement with a public hospital or enter into a contract	71572
or similar agreement with a physician who has been granted staff	71573
membership or professional privileges by the governing body of a	71574
public hospital.	71575

(H) The following entities are not required to obtain a	71576
license as a freestanding diagnostic imaging center issued under	71577
this section:	71578

(1) A hospital registered under section 3701.07 of the	71579
Revised Code that provides diagnostic imaging;	71580

(2) An entity that is reviewed as part of a hospital	71581
accreditation or certification program and that provides	71582
diagnostic imaging;	71583

(3) An ambulatory surgical facility that provides diagnostic	71584
imaging in conjunction with or during any portion of a surgical	71585
procedure.	71586

Sec. 3702.302. In the case of an ambulatory surgical	71587
facility not certified by the centers for medicare and medicaid	71588
services as an ambulatory surgical center, the director of health	71589
shall conduct an inspection of the facility each time the facility	71590
submits an application for license renewal. The director shall not	71591
renew the license unless all of the following conditions are met:	71592

(A) The inspector conducting the inspection completes each	71593
item on the following, as applicable:	71594

(1) Until the director adopts rules under division (F) of	71595
section 3702.30 of the Revised Code, the form approved by the	71596
director on the effective date of this section;	71597

(2) The form specified by the director pursuant to rules	71598
adopted under division (F) of section 3702.30 of the Revised Code.	71599

(B) The inspection demonstrates that the ambulatory surgical	71600
facility complies with all quality standards established by the	71601
director in rules adopted under division (B) of section 3702.30 of	71602
the Revised Code.	71603

(C) The director determines that the most recent version of	71604
the updated written transfer agreement filed in accordance with	71605
division (B) of section 3702.303 of the Revised Code is	71606
satisfactory, unless the director has granted a variance from the	71607
written transfer agreement requirement as permitted by section	71608
3702.304 of the Revised Code.	71609

Sec. 3702.303. (A) Except as provided in division (C) of this	71610
section, an ambulatory surgical facility shall have a written	71611
transfer agreement with a local hospital that specifies an	71612
effective procedure for the safe and immediate transfer of	71613
patients from the facility to the hospital when medical care	71614
beyond the care that can be provided at the ambulatory surgical	71615
facility is necessary, including when emergency situations occur	71616
or medical complications arise. A copy of the agreement shall be	71617
filed with the director of health.	71618

(B) An ambulatory surgical facility shall update a written	71619
transfer agreement every two years and file a copy of the updated	71620
agreement with the director.	71621

(C) The requirement for a written transfer agreement between	71622
an ambulatory surgical facility and a hospital does not apply if	71623
either of the following is the case:	71624

(1) The facility is a provider-based entity, as defined in 42	71625
C.F.R. 413.65(a)(2), of a hospital and the facility's policies and	71626
procedures to address situations when care beyond the care that	71627
can be provided at the ambulatory surgical facility are approved	71628
by the governing body of the facility's parent hospital and	71629
implemented;	71630

(2) The director of health has, pursuant to the procedure	71631
specified in section 3702.304 of the Revised Code, granted the	71632
facility a variance from the requirement.	71633

Sec. 3702.304. (A) The director of health may grant a	71634
variance from the written transfer agreement requirement of	71635
section 3702.303 of the Revised Code if the ambulatory surgical	71636
facility submits to the director a complete variance application,	71637
prescribed by the director, and the director determines after	71638
reviewing the application that the facility is capable of	71639
achieving the purpose of a written transfer agreement in the	71640
absence of one. The director's determination is final.	71641

(B) A variance application is complete for purposes of	71642
division (A) of this section if it contains or includes as	71643
attachments all of the following:	71644

(1) A statement explaining why application of the requirement	71645
would cause the facility undue hardship and why the variance will	71646
not jeopardize the health and safety of any patient;	71647

(2) A letter, contract, or memorandum of understanding signed	71648
by the facility and one or more consulting physicians who have	71649
admitting privileges at a minimum of one local hospital,	71650
memorializing the physician or physicians' agreement to provide	71651
back-up coverage when medical care beyond the level the facility	71652
can provide is necessary;	71653

(3) For each consulting physician described in division	71654
(B)(2) of this section:	71655

(a) A signed statement in which the physician attests that	71656
the physician is familiar with the facility and its operations,	71657
and agrees to provide notice to the facility of any changes in the	71658
physician's ability to provide back-up coverage;	71659

(b) The estimated travel time from the physician's main	71660
residence or office to each local hospital where the physician has	71661
admitting privileges;	71662

(c) Written verification that the facility has a record of	71663
the name, telephone numbers, and practice specialties of the	71664
physician;	71665

(d) Written verification from the state medical board that	71666
the physician possesses a valid certificate to practice medicine	71667
and surgery or osteopathic medicine and surgery issued under	71668
Chapter 4731. of the Revised Code;	71669

(e) Documented verification that each hospital at which the	71670
physician has admitting privileges has been informed in writing by	71671
the physician that the physician is a consulting physician for the	71672
ambulatory surgical facility and has agreed to provide back-up	71673
coverage for the facility when medical care beyond the care the	71674
facility can provide is necessary.	71675

(4) A copy of the facility's operating procedures or	71676
protocols that, at a minimum, do all of the following:	71677

(a) Address how back-up coverage by consulting physicians is	71678
to occur, including how back-up coverage is to occur when	71679
consulting physicians are temporarily unavailable;	71680

(b) Specify that each consulting physician is required to	71681
notify the facility, without delay, when the physician is unable	71682
to expeditiously admit patients to a local hospital and provide	71683
for continuity of patient care;	71684

(c) Specify that a patient's medical record maintained by the	71685
facility must be transferred contemporaneously with the patient	71686
when the patient is transferred from the facility to a hospital.	71687

(5) Any other information the director considers necessary.

71688

(C) The director's decision to grant, refuse, or rescind a	71689
variance is final.	71690

(D) The director shall consider each application for a	71691
variance independently without regard to any decision the director	71692
may have made on a prior occasion to grant or deny a variance to	71693
that ambulatory surgical facility or any other facility.	71694

Sec. 3702.305. The director of health may impose conditions	71695
on any variance the director has granted under section 3702.304 of	71696
the Revised Code. The director may, at any time, rescind the	71697
variance for any reason, including a determination by the director	71698
that the facility is failing to meet one or more of the conditions	71699
or no longer adequately protects public health and safety. The	71700
director's decision to rescind a variance is final.	71701

Sec. 3702.306. A variance the director of health grants under	71702
section 3702.304 of the Revised Code is effective for the period	71703
of time specified by the director, except that it shall not be	71704
effective beyond the date the ambulatory surgical facility's	71705
license expires. If a variance is to expire on the date the	71706
facility's license expires, the facility may submit to the	71707
director an application for a new variance with its next license	71708
renewal application.	71709

Sec. 3702.307. An ambulatory surgical facility shall notify	71710
the director of health when any of the following occurs:	71711

(A) The facility modifies any provision of its most recent	71712
written transfer agreement filed with the director under section	71713
3702.303 of the Revised Code. Notification under these	71714
circumstances shall occur not later than the business day after	71715
the modification is finalized. As used in this division, "business	71716
day" means a day of the week excluding Saturday, Sunday, and a	71717
legal holiday as defined in section 1.14 of the Revised Code.	71718

(B) The facility modifies its operating procedures or	71719
protocols described in division (B)(4) of section 3702.304 of the	71720
Revised Code. Notification under these circumstances shall occur	71721
not later than forty-eight hours after the modification is made.	71722

(C) The ambulatory surgical facility becomes aware of an	71723
event, including disciplinary action by the state medical board	71724
pursuant to section 4731.22 of the Revised Code, that may affect a	71725
consulting physician's certificate to practice medicine and	71726
surgery or osteopathic medicine and surgery or the physician's	71727
ability to admit patients to a hospital identified in a variance	71728
application, as described in division (B)(3)(e) of section	71729
3702.304 of the Revised Code. Notification under these	71730
circumstances shall occur not later than one week after the	71731
facility becomes aware of the event's occurrence.	71732

Sec. 3702.308. If any provision in sections 3702.302 to	71733
3702.307 of the Revised Code is enjoined, the injunction does not	71734
affect any remaining provision of those sections, any provision of	71735
section 3702.30 of the Revised Code, or any provision of the rules	71736
adopted under that section.	71737

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	71738
Revised Code:	71739

(A) "Applicant" means any person that submits an application	71740
for a certificate of need and who is designated in the application	71741
as the applicant.	71742

(B) "Person" means any individual, corporation, business	71743
trust, estate, firm, partnership, association, joint stock	71744
company, insurance company, government unit, or other entity.	71745

(C) "Certificate of need" means a written approval granted by	71746
the director of health to an applicant to authorize conducting a	71747
reviewable activity.	71748

(D) "Service area" means the current and projected primary	71749
and secondary service areas to which the long-term care facility	71750
is, or will be, providing long-term care services.	71751

(E) "Primary service area" means the geographic region,	71752
usually comprised of the Ohio zip code in which the long-term care	71753
facility is located and contiguous zip codes, from which	71754
approximately seventy-five to eighty per cent of the facility's	71755
residents currently originate or are expected to originate.	71756

(F) "Secondary service area" means the geographic region,	71757
usually comprised of Ohio zip codes not included in the primary	71758
service area, excluding isolated exceptions, from which the	71759
facility's remaining residents currently originate or are expected	71760
to originate.	71761

(G) "Third-party payer" means a health insuring corporation	71762
licensed under Chapter 1751. of the Revised Code, a health	71763
maintenance organization as defined in division (I) of this	71764
section, an insurance company that issues sickness and accident	71765
insurance in conformity with Chapter 3923. of the Revised Code, a	71766
state-financed health insurance program under Chapter 3701.,or	71767
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	71768
self-insurance plan.	71769

(H) "Government unit" means the state and any county,	71770
municipal corporation, township, or other political subdivision of	71771
the state, or any department, division, board, or other agency of	71772
the state or a political subdivision.	71773

(I) "Health maintenance organization" means a public or	71774
private organization organized under the law of any state that is	71775
qualified under section 1310(d) of Title XIII of the "Public	71776
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	71777

(J) "Existing long-term care facility" means either of the	71778
following:	71779

(1) A long-term care facility that is licensed or otherwise	71780
authorized to operate in this state in accordance with applicable	71781
law, including a county home or a county nursing home that is	71782
certified under Title XVIII or Title XIX of the "Social Security	71783
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	71784
and equipped to provide long-term care services, and is actively	71785
providing long-term care services;	71786

(2) A long-term care facility that is licensed or otherwise	71787
authorized to operate in this state in accordance with applicable	71788
law, including a county home or a county nursing home that is	71789
certified under Title XVIII or Title XIX of the "Social Security	71790
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	71791
beds registered under section 3701.07 of the Revised Code as	71792
skilled nursing beds or long-term care beds and has provided	71793
long-term care services for at least three hundred sixty-five	71794
consecutive days within the twenty-four months immediately	71795
preceding the date a certificate of need application is filed with	71796
the director of health.	71797

(K) "State" means the state of Ohio, including, but not	71798
limited to, the general assembly, the supreme court, the offices	71799
of all elected state officers, and all departments, boards,	71800
offices, commissions, agencies, institutions, and other	71801
instrumentalities of the state of Ohio. "State" does not include	71802
political subdivisions.	71803

(L) "Political subdivision" means a municipal corporation,	71804
township, county, school district, and all other bodies corporate	71805
and politic responsible for governmental activities only in	71806
geographic areas smaller than that of the state to which the	71807
sovereign immunity of the state attaches.	71808

(M) "Affected person" means:

71809

(1) An applicant for a certificate of need, including an	71810
applicant whose application was reviewed comparatively with the	71811
application in question;	71812

(2) The person that requested the reviewability ruling in	71813
question;	71814

(3) Any person that resides or regularly uses long-term care	71815
facilities within the service area served or to be served by the	71816
long-term care services that would be provided under the	71817
certificate of need or reviewability ruling in question;	71818

(4) Any long-term care facility that is located in the	71819
service area where the long-term care services would be provided	71820
under the certificate of need or reviewability ruling in question;	71821

(5) Third-party payers that reimburse long-term care	71822
facilities for services in the service area where the long-term	71823
care services would be provided under the certificate of need or	71824
reviewability ruling in question.	71825

(N) "Long-term care facility" means any of the following:

71826

(1) A nursing home licensed under section 3721.02 of the	71827
Revised Code or by a political subdivision certified under section	71828
3721.09 of the Revised Code;	71829

(2) The portion of any facility, including a county home or	71830
county nursing home, that is certified as a skilled nursing	71831
facility or a nursing facility under Title XVIII or XIX of the	71832
"Social Security Act";	71833

(3) The portion of any hospital that contains beds registered	71834
under section 3701.07 of the Revised Code as skilled nursing beds	71835
or long-term care beds.	71836

(O) "Long-term care bed" or "bed" means a bed that is	71837
categorized as one of the following:	71838

(1) A bed that is located in a facility that is a nursing	71839
home licensed under section 3721.02 of the Revised Code or a	71840
facility licensed by a political subdivision certified under	71841
section 3721.09 of the Revised Code and is included in the	71842
authorized maximum licensed capacity of the facility;	71843

(2) A bed that is located in the portion of any facility,	71844
including a county home or county nursing home, that is certified	71845
as a skilled nursing facility under the medicare program or a	71846
nursing facility under the medicaid program and is included in the	71847
authorized maximum certified capacity of that portion of the	71848
facility;	71849

(3) A bed that is registered under section 3701.07 of the	71850
Revised Code as a skilled nursing bed, a long-term care bed, or a	71851
special skilled nursing bed;	71852

(4) A bed in a county home or county nursing home that has	71853
been certified under section 5155.38 of the Revised Code as having	71854
been in operation on July 1, 1993, and is eligible for licensure	71855
as a nursing home bed;	71856

(5) A bed held as an approved bed under a certificate of need	71857
approved by the director.	71858

A bed cannot simultaneously be both a bed described in	71859
division (O)(1), (2), (3), or (4) of this section and a bed	71860
described in division (O)(5) of this section.	71861

(P) "Reviewability ruling" means a ruling issued by the	71862
director of health under division (A) of section 3702.52 of the	71863
Revised Code as to whether a particular proposed project is or is	71864
not a reviewable activity.	71865

(Q) "County nursing home" has the same meaning as in section	71866
5155.31 of the Revised Code.	71867

(R) "Principal participant" means both of the following:

71868

(1) A person who has an ownership or controlling interest of	71869
at least five per cent in an applicant, in a long-term care	71870
facility that is the subject of an application for a certificate	71871
of need, or in the owner or operator of the applicant or such a	71872
facility;	71873

(2) An officer, director, trustee, or general partner of an	71874
applicant, of a long-term care facility that is the subject of an	71875
application for a certificate of need, or of the owner or operator	71876
of the applicant or such a facility.	71877

(S) "Actual harm but not immediate jeopardy deficiency" means	71878
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	71879
pattern of deficiencies resulting in actual harm that is not	71880
immediate jeopardy or represents widespread deficiencies resulting	71881
in actual harm that is not immediate jeopardy.	71882

(T) "Immediate jeopardy deficiency" means a deficiency that,	71883
under 42 C.F.R. 488.404, either constitutes a pattern of	71884
deficiencies resulting in immediate jeopardy to resident health or	71885
safety or represents widespread deficiencies resulting in	71886
immediate jeopardy to resident health or safety.	71887

(U) "Existing bed" or "existing long-term care bed" means a	71888
bed from an existing long-term care facility, a bed described in	71889
division (O)(5) of this section, or a bed correctly reported as a	71890
long-term care bed pursuant to section 5155.38 of the Revised	71891
Code.	71892

Sec. 3702.521. (A) Reviews of applications for certificates	71893
of need to recategorize hospital beds to skilled nursing beds	71894
shall be conducted in accordance with this division and rules	71895
adopted by the director of health.	71896

(1) No hospital recategorizing beds shall apply for a	71897
certificate of need for more than twenty skilled nursing beds.	71898

(2) No beds for which a certificate of need is requested	71899
under this division shall be reviewed under or counted in any	71900
formula developed under rules adopted by the director for the	71901
purpose of determining the number of long-term care beds that may	71902
be needed within the state.	71903

(3) No beds shall be approved under this division unless the	71904
hospital certifies and demonstrates in the application that the	71905
beds will be dedicated to patients with a length of stay of no	71906
more than thirty days.	71907

(4) No beds shall be approved under this division unless the	71908
hospital can satisfactorily demonstrate in the application that it	71909
is routinely unable to place the patients planned for the beds in	71910
accessible skilled nursing facilities.	71911

(5) In developing rules to implement this division, the	71912
director shall give special attention to the required	71913
documentation of the need for such beds, including the efforts	71914
made by the hospital to place patients in suitable skilled nursing	71915
facilities, and special attention to the appropriate size of units	71916
with such beds given the historical pattern of the applicant	71917
hospital's documented difficulty in placing skilled nursing	71918
patients.	71919

(B) For assistance in monitoring the use of hospital beds	71920
recategorized as skilled nursing beds after August 5, 1989, the	71921
director shall adopt rules specifying appropriate quarterly	71922
procedures for reporting to the department of health.	71923

(C) A patient may stay in a hospital bed that, after August	71924
5, 1989, has been recategorized as a skilled nursing bed for more	71925
than thirty days if the hospital is able to demonstrate that it	71926
made a good faith effort to place the patient in an accessible	71927
skilled nursing facility acceptable to the patient within the	71928
thirty-day period, but was unable to do so.	71929

(D) No hospital bed recategorized after August 5, 1989, as a	71930
skilled nursing bed shall be covered by a provider agreement under	71931
the ~~medical assistance~~medicaid program ~~established under Chapter~~	71932
~~5111. of the Revised Code~~.	71933

(E) Nothing in this section requires a hospital to place a	71934
patient in any nursing home if the patient does not wish to be	71935
placed in the nursing home. Nothing in this section limits the	71936
ability of a hospital to file a certificate of need application	71937
for the addition of long-term care beds that meet the definition	71938
of "home" in section 3721.01 of the Revised Code. Nothing in this	71939
section limits the ability of the director to grant certificates	71940
of need necessary for hospitals to engage in demonstration	71941
projects authorized by the federal government for the purpose of	71942
enhancing long-term quality of care and cost containment. Nothing	71943
in this section limits the ability of hospitals to develop swing	71944
bed programs in accordance with federal regulations.	71945

No hospital that is granted a certificate of need after	71946
August 5, 1989, to recategorize hospital beds as skilled nursing	71947
beds is subject to sections 3721.01 to 3721.09 of the Revised	71948
Code. If the portion of the hospital in which the recategorized	71949
beds are located is certified as a skilled nursing facility under	71950
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	71951
U.S.C.A. 301, as amended, that portion of the hospital is subject	71952
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	71953
the Revised Code. If the beds are registered pursuant to section	71954
3701.07 of the Revised Code as long-term care beds, the beds are	71955
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	71956
Revised Code.	71957

Sec. 3702.55. A person that the director of health	71958
determines has violated section 3702.53 of the Revised Code shall	71959
cease conducting the activity that constitutes the violation or	71960
utilizing the facility resulting from the violation not later than	71961
thirty days after the person receives the notice mailed under	71962
section 3702.532 of the Revised Code or, if the person appeals the	71963
director's determination under section 3702.60 of the Revised	71964
Code, thirty days after the person receives an order upholding the	71965
director's determination that is not subject to further appeal.	71966

If any person determined to have violated section 3702.53 of	71967
the Revised Code fails to cease conducting an activity or using a	71968
facility as required by this section or if the person continues to	71969
seek payment or reimbursement for services rendered or costs	71970
incurred in conducting the activity as prohibited by section	71971
3702.56 of the Revised Code, in addition to the penalties imposed	71972
under section 3702.54 or 3702.541 of the Revised Code:	71973

(A) The director of health may refuse to include any beds	71974
involved in the activity in the bed capacity of a hospital for	71975
purposes of registration under section 3701.07 of the Revised	71976
Code;	71977

(B) The director of health may refuse to license, or may	71978
revoke a license or reduce bed capacity previously granted to, a	71979
hospice care program under section 3712.04 of the Revised Code; a	71980
nursing home, residential care facility, or home for the aging	71981
under section 3721.02 of the Revised Code; or any beds within any	71982
of those facilities that are involved in the activity;	71983

(C) A political subdivision certified under section 3721.09	71984
of the Revised Code may refuse to license, or may revoke a license	71985
or reduce bed capacity previously granted to, a nursing home,	71986
residential care facility, or home for the aging, or any beds	71987
within any of those facilities that are involved in the activity;	71988

(D) The director of ~~mental health~~mental health and addiction	71989
services may refuse to license under section ~~5119.20~~5119.33 of	71990
the Revised Code, or may revoke a license or reduce bed capacity	71991
previously granted to, a hospital receiving mentally ill persons	71992
or beds within such a hospital that are involved in the activity;	71993

(E) The department of ~~job and family services~~medicaid may	71994
refuse to enter into a provider agreement that includes a	71995
facility, beds, or services that result from the activity.	71996

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	71997
Code do not apply to any part of a long-term care facility's	71998
campus that is certified as an intermediate care facility for ~~the~~	71999
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	72000
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~individuals	72001
with intellectual disabilities, as defined in section 5124.01 of	72002
the Revised Code.	72003

Sec. 3702.74. (A) A primary care physician who has signed a	72004
letter of intent under section 3702.73 of the Revised Code and the	72005
director of health may enter into a contract for the physician's	72006
participation in the physician loan repayment program. The	72007
physician's employer or other funding source may also be a party	72008
to the contract.	72009

(B) The contract shall include all of the following	72010
obligations:	72011

(1) The primary care physician agrees to provide primary care	72012
services in the health resource shortage area identified in the	72013
letter of intent for at least two years;	72014

(2) When providing primary care services in the health	72015
resource shortage area, the primary care physician agrees to do	72016
all of the following:	72017

(a) Provide primary care services for a minimum of forty	72018
hours per week, of which at least twenty-one hours will be spent	72019
providing patient care in an outpatient or ambulatory setting;	72020

(b) Provide primary care services without regard to a	72021
patient's ability to pay;	72022

(c) Meet the ~~conditions prescribed by the "Social Security~~	72023
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	72024
~~department of job and family services~~requirements for	72025
~~participation in the~~a medicaid ~~program established under Chapter~~	72026
~~5111. of the Revised Code~~provider agreement and enter into a	72027
~~contract~~the agreement with the department of medicaid to provide	72028
primary care services to medicaid recipients ~~of the medical~~	72029
~~assistance program~~.	72030

(3) The department of health agrees, as provided in section	72031
3702.75 of the Revised Code, to repay, so long as the primary care	72032
physician performs the service obligation agreed to under division	72033
(B)(1) of this section, all or part of the principal and interest	72034
of a government or other educational loan taken by the primary	72035
care physician for expenses described in section 3702.75 of the	72036
Revised Code;	72037

(4) The primary care physician agrees to pay the department	72038
of health an amount established by rules adopted under section	72039
3702.79 of the Revised Code if the physician fails to complete the	72040
service obligation agreed to under division (B)(1) of this	72041
section.	72042

(C) The contract may include any other terms agreed upon by	72043
the parties.	72044

Sec. 3702.91. (A) An individual who has signed a letter of	72045
intent under section 3702.90 of the Revised Code may enter into a	72046
contract with the director of health for participation in the	72047
dentist loan repayment program. The dentist's employer or other	72048
funding source may also be a party to the contract.	72049

(B) The contract shall include all of the following	72050
obligations:	72051

(1) The individual agrees to provide dental services in the	72052
dental health resource shortage area identified in the letter of	72053
intent for at least two years.	72054

(2) When providing dental services in the dental health	72055
resource shortage area, the individual agrees to do all of the	72056
following:	72057

(a) Provide dental services for a minimum of forty hours per	72058
week;	72059

(b) Provide dental services without regard to a patient's	72060
ability to pay;	72061

(c) Meet the ~~conditions prescribed by the "Social Security~~	72062
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	72063
~~department of job and family services~~requirements for	72064
~~participation in the~~a medicaid ~~program established under Chapter~~	72065
~~5111. of the Revised Code~~provider agreement and enter into a	72066
~~contract~~the agreement with the department of medicaid to provide	72067
dental services to medicaid recipients.	72068

(3) The department of health agrees, as provided in section	72069
3702.85 of the Revised Code, to repay, so long as the individual	72070
performs the service obligation agreed to under division (B)(1) of	72071
this section, all or part of the principal and interest of a	72072
government or other educational loan taken by the individual for	72073
expenses described in section 3702.85 of the Revised Code.	72074

(4) The individual agrees to pay the department of health an	72075
amount established by rules adopted under section 3702.86 of the	72076
Revised Code, if the individual fails to complete the service	72077
obligation agreed to under division (B)(1) of this section.	72078

(C) The contract may include any other terms agreed upon by	72079
the parties.	72080

(D) Not later than the thirty-first day of January of each	72081
year, the department of health shall mail to each individual to	72082
whom or on whose behalf repayment is made under the dentist loan	72083
repayment program a statement showing the amount of principal and	72084
interest repaid by the department pursuant to the contract in the	72085
preceding year. The statement shall be sent by ordinary mail with	72086
address correction and forwarding requested in the manner	72087
prescribed by the United States postal service.	72088

Sec. 3704.144. (A) Gifts, grants, and contributions for the	72089
purpose of adding pollution control equipment to diesel-powered	72090
school buses and converting diesel-powered school buses to	72091
alternative fuels, including contributions that are made pursuant	72092
to the settlement of an administrative action or civil action that	72093
is brought at the request of the director of environmental	72094
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	72095
6111. of the Revised Code, shall be credited to the clean diesel	72096
school bus fund, which is hereby created in the state treasury.	72097
The director shall use money credited to the fund to make grants	72098
to school districts in the state and to county boards of	72099
developmental disabilities for the purpose of adding pollution	72100
control equipment to diesel-powered school buses and converting	72101
diesel-powered school buses to alternative fuels by means of	72102
certified engine configurations and verified technologies that are	72103
consistent with the requirements of section 793 and any	72104
regulations adopted under that section and to pay the	72105
environmental protection agency's costs incurred in administering	72106
this section. In addition, the director may use money credited to	72107
the fund to make grants to school districts and to county boards	72108
of developmental disabilities for the purpose of maintaining	72109
pollution control equipment that is installed on diesel-powered	72110
school buses ~~and to pay the additional cost incurred by a school~~	72111
~~district or a county board for using ultra-low sulfur diesel fuel~~	72112
~~instead of diesel fuel for the operation of diesel-powered school~~	72113
~~buses~~.	72114

(B) In making grants under this section, the director shall	72115
give priority to school districts and to county boards of	72116
developmental disabilities that are located in a county that is	72117
designated as nonattainment by the United States environmental	72118
protection agency for the fine particulate national ambient air	72119
quality standard under the federal Clean Air Act. In addition, the	72120
director may give a higher priority to a school district or a	72121
county board of developmental disabilities that employs additional	72122
measures that reduce air pollution from the district's or the	72123
county board's school bus fleet.	72124

(C) The director shall adopt rules establishing procedures	72125
and requirements that are necessary to implement this section,	72126
including procedures and requirements governing applications for	72127
grants.	72128

(D) As used in this section:

72129

(1) "Alternative fuel" has the same meaning as in section	72130
125.831 of the Revised Code.	72131

(2) "Certified engine configuration" and "section 793" have	72132
the same meanings as in section 122.861 of the Revised Code.	72133

(3) "Verified technology" means a pollution control	72134
technology, including retrofit technology and auxiliary power	72135
unit, that has been verified by the administrator of the United	72136
States environmental protection agency or the California air	72137
resources board.	72138

Sec. 3706.01. As used in this chapter:

72139

(A) "Governmental agency" means a department, division, or	72140
other unit of state government, a municipal corporation, county,	72141
township, and other political subdivision, or any other public	72142
corporation or agency having the power to acquire, construct, or	72143
operate air quality facilities, the United States or any agency	72144
thereof, and any agency, commission, or authority established	72145
pursuant to an interstate compact or agreement.	72146

(B) "Person" means any individual, firm, partnership,	72147
association, or corporation, or any combination thereof.	72148

(C) "Air contaminant" means particulate matter, dust, fumes,	72149
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	72150
odorous substance, or any combination thereof.	72151

(D) "Air pollution" means the presence in the ambient air of	72152
one or more air contaminants in sufficient quantity and of such	72153
characteristics and duration as to injure human health or welfare,	72154
plant or animal life, or property, or that unreasonably interferes	72155
with the comfortable enjoyment of life or property.	72156

(E) "Ambient air" means that portion of the atmosphere	72157
outside of buildings and other enclosures, stacks, or ducts that	72158
surrounds human, plant, or animal life, or property.	72159

(F) "Emission" means the release into the outdoor atmosphere	72160
of an air contaminant.	72161

(G) "Air quality facility" means any of the following:

72162

(1) Any method, modification or replacement of property,	72163
process, device, structure, or equipment that removes, reduces,	72164
prevents, contains, alters, conveys, stores, disperses, or	72165
disposes of air contaminants or substances containing air	72166
contaminants, or that renders less noxious or reduces the	72167
concentration of air contaminants in the ambient air, including,	72168
without limitation, facilities and expenditures that qualify as	72169
air pollution control facilities under section 103 (C)(4)(F) of	72170
the Internal Revenue Code of 1954, as amended, and regulations	72171
adopted thereunder;	72172

(2) Motor vehicle inspection stations operated in accordance	72173
with, and any equipment used for motor vehicle inspections	72174
conducted under, section 3704.14 of the Revised Code and rules	72175
adopted under it;	72176

(3) Ethanol or other biofuel facilities, including any	72177
equipment used at the ethanol or other biofuel facility for the	72178
production of ethanol or other biofuels;	72179

(4) Any property or portion thereof used for the collection,	72180
storage, treatment, utilization, processing, or final disposal of	72181
a by-product or solid waste resulting from any method, process,	72182
device, structure, or equipment that removes, reduces, prevents,	72183
contains, alters, conveys, stores, disperses, or disposes of air	72184
contaminants, or that renders less noxious or reduces the	72185
concentration of air contaminants in the ambient air;	72186

(5) Any property, device, or equipment that promotes the	72187
reduction of emissions of air contaminants into the ambient air	72188
through improvements in the efficiency of energy utilization or	72189
energy conservation;	72190

(6) Any coal research and development project conducted under	72191
Chapter 1555. of the Revised Code;	72192

(7) As determined by the director of the Ohio coal	72193
development office, any property or portion thereof that is used	72194
for the collection, storage, treatment, utilization, processing,	72195
or final disposal of a by-product resulting from a coal research	72196
and development project as defined in section 1555.01 of the	72197
Revised Code or from the use of clean coal technology, excluding	72198
any property or portion thereof that is used primarily for other	72199
subsequent commercial purposes;	72200

(8) Any property or portion thereof that is part of the	72201
FutureGen project of the United States department of energy or	72202
related to the siting of the FutureGen project.;	72203

(9) Any property, device, or equipment that promotes the	72204
reduction of emissions of air contaminants into the ambient air	72205
through the generation of clean, renewable energy with renewable	72206
energy resources or advanced energy resources as defined in	72207
section 3706.25 of the Revised Code.;	72208

(10) Any property, device, structure or equipment necessary	72209
for the manufacture and production of equipment described as an	72210
air quality facility under this chapter;	72211

(11) Any property, device, or equipment related to the	72212
recharging or refueling of vehicles that promotes the reduction of	72213
emissions of air contaminants into the ambient air through the use	72214
of an alternative fuel as defined in section 125.831 of the	72215
Revised Code or the use of a renewable energy resource as defined	72216
in section 3706.25 of the Revised Code.	72217

"Air quality facility" further includes any property or	72218
system to be used in whole or in part for any of the purposes in	72219
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	72220
purpose is also served, and any property or system incidental to	72221
or that has to do with, or the end purpose of which is, any of the	72222
foregoing. Air quality facilities that are defined in this	72223
division for industry, commerce, distribution, or research,	72224
including public utility companies, are hereby determined to be	72225
those that qualify as facilities for the control of air pollution	72226
and thermal pollution related to air under Section 13 of Article	72227
VIII, Ohio Constitution.	72228

(H) "Project" or "air quality project" means any air quality	72229
facility, including undivided or other interests therein, acquired	72230
or to be acquired or constructed or to be constructed by the Ohio	72231
air quality development authority under this chapter, or acquired	72232
or to be acquired or constructed or to be constructed by a	72233
governmental agency or person with all or a part of the cost	72234
thereof being paid from a loan or grant from the authority under	72235
this chapter or otherwise paid from the proceeds of air quality	72236
revenue bonds, including all buildings and facilities that the	72237
authority determines necessary for the operation of the project,	72238
together with all property, rights, easements, and interests that	72239
may be required for the operation of the project.	72240

(I) "Cost" as applied to an air quality project means the	72241
cost of acquisition and construction, the cost of acquisition of	72242
all land, rights-of-way, property rights, easements, franchise	72243
rights, and interests required for such acquisition and	72244
construction, the cost of demolishing or removing any buildings or	72245
structures on land so acquired, including the cost of acquiring	72246
any lands to which such buildings or structures may be moved, the	72247
cost of acquiring or constructing and equipping a principal office	72248
and sub-offices of the authority, the cost of diverting highways,	72249
interchange of highways, and access roads to private property,	72250
including the cost of land or easements for such access roads, the	72251
cost of public utility and common carrier relocation or	72252
duplication, the cost of all machinery, furnishings, and	72253
equipment, financing charges, interest prior to and during	72254
construction and for no more than eighteen months after completion	72255
of construction, engineering, expenses of research and development	72256
with respect to air quality facilities, the cost of any commodity	72257
contract, including fees and expenses related thereto, legal	72258
expenses, plans, specifications, surveys, studies, estimates of	72259
cost and revenues, working capital, other expenses necessary or	72260
incident to determining the feasibility or practicability of	72261
acquiring or constructing such project, administrative expense,	72262
and such other expense as may be necessary or incident to the	72263
acquisition or construction of the project, the financing of such	72264
acquisition or construction, including the amount authorized in	72265
the resolution of the authority providing for the issuance of air	72266
quality revenue bonds to be paid into any special funds from the	72267
proceeds of such bonds, and the financing of the placing of such	72268
project in operation. Any obligation, cost, or expense incurred by	72269
any governmental agency or person for surveys, borings,	72270
preparation of plans and specifications, and other engineering	72271
services, or any other cost described above, in connection with	72272
the acquisition or construction of a project may be regarded as a	72273
part of the cost of that project and may be reimbursed out of the	72274
proceeds of air quality revenue bonds as authorized by this	72275
chapter.	72276

(J) "Owner" includes an individual, copartnership,	72277
association, or corporation having any title or interest in any	72278
property, rights, easements, or interests authorized to be	72279
acquired by this chapter.	72280

(K) "Revenues" means all rentals and other charges received	72281
by the authority for the use or services of any air quality	72282
project, any gift or grant received with respect to any air	72283
quality project, any moneys received with respect to the lease,	72284
sublease, sale, including installment sale or conditional sale, or	72285
other disposition of an air quality project, moneys received in	72286
repayment of and for interest on any loans made by the authority	72287
to a person or governmental agency, whether from the United States	72288
or any department, administration, or agency thereof, or	72289
otherwise, proceeds of such bonds to the extent that use thereof	72290
for payment of principal of, premium, if any, or interest on the	72291
bonds is authorized by the authority, amounts received or	72292
otherwise derived from a commodity contract or from the sale of	72293
the related commodity under such a contract, proceeds from any	72294
insurance, condemnation, or guaranty pertaining to a project or	72295
property mortgaged to secure bonds or pertaining to the financing	72296
of the project, and income and profit from the investment of the	72297
proceeds of air quality revenue bonds or of any revenues.	72298

(L) "Public roads" includes all public highways, roads, and	72299
streets in the state, whether maintained by the state, county,	72300
city, township, or other political subdivision.	72301

(M) "Public utility facilities" includes tracks, pipes,	72302
mains, conduits, cables, wires, towers, poles, and other equipment	72303
and appliances of any public utility.	72304

(N) "Construction," unless the context indicates a different	72305
meaning or intent, includes reconstruction, enlargement,	72306
improvement, or providing furnishings or equipment.	72307

(O) "Air quality revenue bonds," unless the context indicates	72308
a different meaning or intent, includes air quality revenue notes,	72309
air quality revenue renewal notes, and air quality revenue	72310
refunding bonds, except that notes issued in anticipation of the	72311
issuance of bonds shall have a maximum maturity of five years as	72312
provided in section 3706.05 of the Revised Code and notes or	72313
renewal notes issued as the definitive obligation may be issued	72314
maturing at such time or times with a maximum maturity of forty	72315
years from the date of issuance of the original note.	72316

(P) "Solid waste" means any garbage; refuse; sludge from a	72317
waste water treatment plant, water supply treatment plant, or air	72318
pollution control facility; and other discarded material,	72319
including solid, liquid, semisolid, or contained gaseous material	72320
resulting from industrial, commercial, mining, and agricultural	72321
operations, and from community activities, but not including solid	72322
or dissolved material in domestic sewage, or solid or dissolved	72323
material in irrigation return flows or industrial discharges that	72324
are point sources subject to permits under section 402 of the	72325
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	72326
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	72327
byproduct material as defined by the "Atomic Energy Act of 1954,"	72328
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	72329

(Q) "Sludge" means any solid, semisolid, or liquid waste,	72330
other than a recyclable by-product, generated from a municipal,	72331
commercial, or industrial waste water treatment plant, water	72332
supply plant, or air pollution control facility or any other such	72333
wastes having similar characteristics and effects.	72334

(R) "Ethanol or other biofuel facility" means a plant at	72335
which ethanol or other biofuel is produced.	72336

(S) "Ethanol" means fermentation ethyl alcohol derived from	72337
agricultural products, including potatoes, cereal, grains, cheese	72338
whey, and sugar beets; forest products; or other renewable or	72339
biomass resources, including residue and waste generated from the	72340
production, processing, and marketing of agricultural products,	72341
forest products, and other renewable or biomass resources, that	72342
meets all of the specifications in the American society for	72343
testing and materials (ASTM) specification D 4806-88 and is	72344
denatured as specified in Parts 20 and 21 of Title 27 of the Code	72345
of Federal Regulations.	72346

(T) "Biofuel" means any fuel that is made from cellulosic	72347
biomass resources, including renewable organic matter, crop waste	72348
residue, wood, aquatic plants and other crops, animal waste, solid	72349
waste, or sludge, and that is used for the production of energy	72350
for transportation or other purposes.	72351

(U) "FutureGen project" means the buildings, equipment, and	72352
real property and functionally related buildings, equipment, and	72353
real property, including related research projects that support	72354
the development and operation of the buildings, equipment, and	72355
real property, designated by the United States department of	72356
energy and the FutureGen industrial alliance, inc., as the	72357
coal-fueled, zero-emissions power plant designed to prove the	72358
technical and economic feasibility of producing electricity and	72359
hydrogen from coal and nearly eliminating carbon dioxide emissions	72360
through capture and permanent storage.	72361

(V) "Commodity contract" means a contract or series of	72362
contracts entered into in connection with the acquisition or	72363
construction of air quality facilities for the purchase or sale of	72364
a commodity that is eligible for prepayment with the proceeds of	72365
federally tax exempt bonds under sections 103, 141, and 148 of the	72366
Internal Revenue Code of 1986, as amended, and regulations adopted	72367
under it.	72368

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

72369

"Physician" means a person authorized under Chapter 4731. of	72370
the Revised Code to practice medicine and surgery or osteopathic	72371
medicine and surgery.	72372

"Chiropractor" means a person licensed under Chapter 4734. of	72373
the Revised Code to practice chiropractic.	72374

(B) A youth sports organization shall provide to the parent,	72375
guardian, or other person having care or charge of an individual	72376
who wishes to practice for or compete in an athletic activity	72377
organized by a youth sports organization the concussion and head	72378
injury information sheet required by section 3707.52 of the	72379
Revised Code. The organization shall provide the information sheet	72380
annually for each sport or other category of athletic activity for	72381
or in which the individual practices or competes.	72382

(C)(1) No individual shall act as a coach or referee for a	72383
youth sports organization unless the individual holds a	72384
pupil-activity program permit issued under section 3319.303 of the	72385
Revised Code for coaching interscholastic athletics or presents	72386
evidence that the individual has successfully completed, within	72387
the previous three years, a training program in recognizing the	72388
symptoms of concussions and head injuries to which the department	72389
of health has provided a link on its internet web site under	72390
section 3707.52 of the Revised Code.	72391

(2) The youth sports organization for which the individual	72392
intends to act as a coach or referee shall inform the individual	72393
of the requirement described in division (C)(1) of this section.	72394

(D) If an individual practicing for or competing in an	72395
athletic event organized by a youth sports organization exhibits	72396
signs, symptoms, or behaviors consistent with having sustained a	72397
concussion or head injury while participating in the practice or	72398
competition, the individual shall be removed from the practice or	72399
competition by one of the following:	72400

(1) The individual who is serving as the individual's coach	72401
during that practice or competition;	72402

(2) An individual who is serving as a referee during that	72403
practice or competition;	72404

(3) An official of the youth sports organization who is	72405
supervising that practice or competition.	72406

(E)(1) If an individual is removed from practice or	72407
competition under division (D) of this section, the coach,	72408
referee, or official who removed the individual shall not allow	72409
the individual, on the same day the individual is removed, to	72410
return to that practice or competition or to participate in any	72411
other practice or competition for which the coach, referee, or	72412
official is responsible. Thereafter, the coach, referee, or	72413
official shall not allow the student to return to that practice or	72414
competition or to participate in any other practice or competition	72415
for which the coach, referee, or official is responsible until	72416
both of the following conditions are satisfied:	72417

(a) The individual's condition is assessed by ~~either~~any of	72418
the following:	72419

(i) A physician;

72420

(ii) A chiropractor;

72421

(iii) Any other licensed health care provider the youth	72422
sports organization, pursuant to division (E)(2) of this section,	72423
authorizes to assess an individual who has been removed from	72424
practice or competition under division (D) of this section.	72425

(b) The individual receives written clearance that it is safe	72426
for the individual to return to practice or competition from a	72427
physician, chiropractor, or ~~from~~ another licensed health care	72428
provider authorized pursuant to division (E)(2) of this section to	72429
grant the clearance.	72430

(2) A youth sports organization may authorize a licensed	72431
health care provider who is not a physician or a chiropractor to	72432
make an assessment or grant a clearance for purposes of division	72433
(E)(1) of this section only if the provider is acting in	72434
accordance with one of the following, as applicable to the	72435
provider's authority to practice in this state:	72436

(a) In consultation with a physician;

72437

(b) Pursuant to the referral of a physician;

72438

72439

(d) Under the supervision of a physician.

72440

(3) A physician, chiropractor, or other licensed health care	72441
provider who makes an assessment or grants a clearance for	72442
purposes of division (E)(1) of this section may be a volunteer.	72443

(F)(1) A youth sports organization or official, employee, or	72444
volunteer of a youth sports organization, including a coach or	72445
referee, is not liable in damages in a civil action for injury,	72446
death, or loss to person or property allegedly arising from	72447
providing services or performing duties under this section, unless	72448
the act or omission constitutes willful or wanton misconduct.	72449

(2) This section does not eliminate, limit, or reduce any	72450
other immunity or defense that a public entity, public official,	72451
or public employee may be entitled to under Chapter 2744. or any	72452
other provision of the Revised Code or under the common law of	72453
this state.	72454

Sec. 3709.01. The state shall be divided into health	72455
districts. Each city constitutes a health district and shall be	72456
known as a "city health district."	72457

The townships and villages in each county shall be combined	72458
into a health district and shall be known as a "general health	72459
district."	72460

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	72461
3709.10 of the Revised Code, there may be a union of two or more	72462
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	72463
of two or more ~~contiguous~~ city health districts to form a single	72464
city health district, or a union of a general health district and	72465
one or more city health districts located within or partially	72466
within such general health district.	72467

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	72468
may be united to form a single city health district by a majority	72469
affirmative vote of the legislative authority of each city	72470
affected by the union.	72471

If at least three per cent of the qualified electors residing	72472
within each of two or more ~~contiguous~~ city health districts sign a	72473
petition proposing a union into a single city health district, an	72474
election shall be held as provided in this section to determine	72475
whether a single city health district shall be formed. The	72476
petition for union may specify regarding the board of health of	72477
the new district:	72478

(A) The qualifications for membership;

72479

(B) The term of office;

72480

(C) The number of members or a method by which the number may	72481
be determined from time to time;	72482

(D) The method of appointment.

72483

Such petition shall be filed with the boards of county	72484
commissioners of the respective counties affected, subject to	72485
approval of the director of health, and such boards shall promptly	72486
certify the text of the proposal to the boards of election for the	72487
purpose of having the proposal placed on the ballot at the next	72488
general election occurring more than ninety days after such	72489
certification. The election procedures provided in Chapter 3505.	72490
of the Revised Code for questions and issues shall apply to the	72491
election. If a majority of the electors voting on the proposal in	72492
each of the health districts affected vote in favor thereof, the	72493
union of such districts into a single city health district shall	72494
be established on the second succeeding first day of January.	72495

Sec. 3709.10. When it is proposed that two or more	72496
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	72497
the formation of one general health district, the district	72498
advisory council of each general health district shall meet and	72499
vote on the question of union. An affirmative majority vote of the	72500
district advisory council shall be required for approval. When the	72501
district advisory councils have voted affirmatively on the	72502
question, they shall meet in joint session and shall elect a board	72503
of health for the combined districts. Each original general health	72504
district shall be entitled to at least one member on the board of	72505
health of the combined districts.	72506

When such union is completed, ~~such~~the district shall	72507
constitute a general health district and shall be governed in the	72508
manner provided for general health districts. When two or more	72509
general health districts unite to form one district, the office of	72510
the board of health shall be located at the county seat of the	72511
county selected by the joint board of district advisory councils.	72512

When two or more general health districts have been combined	72513
into a single district, the county auditor of the county selected	72514
by the joint board of district advisory councils as the location	72515
of the central office of the board of health shall be the auditor	72516
of such district and the county treasurer of such county shall be	72517
the custodian of the health funds of such district. When the	72518
budget of such combined general health district is a matter for	72519
consideration, the members of the budget commissions of the	72520
counties constituting the district shall sit as a joint board for	72521
considering and acting on such budget.	72522

Sec. 3712.051. (A) As used in this division, "person" does	72523
not include a member of an interdisciplinary team, as defined in	72524
section 3712.01 of the Revised Code, or any individual who is	72525
employed by a person or public agency licensed under section	72526
3712.041 of the Revised Code.	72527

Except as provided in division (B) of this section, no person	72528
or public agency, other than a person or public agency licensed	72529
pursuant to section 3712.041 of the Revised Code, shall hold	72530
itself out as providing a pediatric respite care program, or	72531
provide a pediatric respite care program, or use the term	72532
"pediatric respite care program" or any term containing "pediatric	72533
respite care" to describe or refer to a health program, facility,	72534
or agency.	72535

(B) Division (A) of this section does not apply to any of the	72536
following:	72537

(1) A hospital;

72538

(2) A nursing home or residential care facility, as those	72539
terms are defined in section 3721.01 of the Revised Code;	72540

(3) A home health agency, if it provides services under	72541
contract with a person or public agency providing a pediatric	72542
respite care program licensed under section 3712.041 of the	72543
Revised Code;	72544

(4) A regional, state, or national nonprofit organization	72545
whose members are providers of pediatric respite care programs,	72546
individuals interested in pediatric respite care programs, or	72547
both, as long as the organization does not provide or represent	72548
that it provides pediatric respite care programs;	72549

(5) A person or government entity certified under section	72550
5123.161 of the Revised Code as a supported living provider;	72551

(6) A residential facility licensed under section 5123.19 of	72552
the Revised Code;	72553

(7) A respite care home certified under section 5126.05 of	72554
the Revised Code;	72555

(8) A person providing respite care under a family support	72556
services program established under section 5126.11 of the Revised	72557
Code;	72558

(9) A person or government entity providing respite care	72559
under a medicaid waiver component that the department of	72560
developmental disabilities administers pursuant to section	72561
~~5111.871~~5166.21 of the Revised Code.	72562

(C) The department of health shall petition the court of	72563
common pleas of any county in which a person or public agency,	72564
without a license granted under section 3712.041 of the Revised	72565
Code, is holding itself out as providing a pediatric respite care	72566
program, is providing a pediatric respite care program, or is	72567
representing a health program, facility, or agency as a pediatric	72568
respite care program, for an order enjoining that person or public	72569
agency from conducting those activities without a license. The	72570
court has jurisdiction to grant injunctive relief upon a showing	72571
that the respondent named in the petition is conducting those	72572
activities without a license.	72573

Any person or public agency may request the department to	72574
petition the court for injunctive relief under this division, and	72575
the department shall do so if it determines that the person or	72576
public agency named in the request is violating division (A) of	72577
this section.	72578

Sec. 3712.07. (A) As used in this section, "terminal care	72579
facility for the homeless" means a facility that provides	72580
accommodations to homeless individuals who are terminally ill.	72581

(B) A person or public agency licensed under this chapter to	72582
provide a hospice care program may enter into an agreement with a	72583
terminal care facility for the homeless under which hospice care	72584
program services may be provided to individuals residing at the	72585
facility, if all of the following apply:	72586

(1) Each resident of the facility has been diagnosed by a	72587
physician as having a terminal condition and an anticipated life	72588
expectancy of six months or less;	72589

(2) No resident of the facility has a relative or other	72590
person willing or capable of providing the care necessary to cope	72591
with ~~his~~the resident's terminal illness or is financially capable	72592
of hiring a person to provide such care;	72593

(3) Each resident of the facility is under the direct care of	72594
a physician;	72595

(4) No resident of the facility requires the staff of the	72596
facility to administer medication by injection;	72597

(5) The facility does not receive any remuneration, directly	72598
or indirectly, from the residents;	72599

(6) The facility does not receive any remuneration, directly	72600
or indirectly, from the ~~medical assistance~~medicaid program	72601
~~established under section 5111.01 of the Revised Code~~ or the	72602
medicare program ~~established under Title XVIII of the "Social~~	72603
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	72604

(7) The facility meets all applicable state and federal	72605
health and safety standards, including standards for fire	72606
prevention, maintenance of safe and sanitary conditions, and	72607
proper preparation and storage of foods.	72608

(C) Hospice care program services may be provided at a	72609
terminal care facility for the homeless only by the personnel of	72610
the person or public agency that has entered into an agreement	72611
with the facility under this section.	72612

(D) A terminal care facility for the homeless that has	72613
entered into an agreement under this section may assist its	72614
residents with the self-administration of medication if the	72615
medication has been prescribed by a physician and is not	72616
administered by injection. In the event that a resident has	72617
entered the final stages of dying and is no longer mentally alert,	72618
the facility may administer medication to that resident if the	72619
medication has been prescribed by a physician and is not	72620
administered by injection. Determinations of whether an individual	72621
has entered the final stages of dying and is no longer mentally	72622
alert shall be based on directions from the personnel who provide	72623
hospice care program services at the facility.	72624

Sec. 3712.09. (A) As used in this section:

72625

(1) "Applicant" means a person who is under final	72626
consideration for employment with a hospice care program or	72627
pediatric respite care program in a full-time, part-time, or	72628
temporary position that involves providing direct care to an older	72629
adult or pediatric respite care patient. "Applicant" does not	72630
include a person who provides direct care as a volunteer without	72631
receiving or expecting to receive any form of remuneration other	72632
than reimbursement for actual expenses.	72633

(2) "Criminal records check" has the same meaning as in	72634
section 109.572 of the Revised Code.	72635

(3) "Older adult" means a person age sixty or older.

72636

(B)(1) Except as provided in division (I) of this section,	72637
the chief administrator of a hospice care program or pediatric	72638
respite care program shall request that the superintendent of the	72639
bureau of criminal identification and investigation conduct a	72640
criminal records check of each applicant. If an applicant for whom	72641
a criminal records check request is required under this division	72642
does not present proof of having been a resident of this state for	72643
the five-year period immediately prior to the date the criminal	72644
records check is requested or provide evidence that within that	72645
five-year period the superintendent has requested information	72646
about the applicant from the federal bureau of investigation in a	72647
criminal records check, the chief administrator shall request that	72648
the superintendent obtain information from the federal bureau of	72649
investigation as part of the criminal records check of the	72650
applicant. Even if an applicant for whom a criminal records check	72651
request is required under this division presents proof of having	72652
been a resident of this state for the five-year period, the chief	72653
administrator may request that the superintendent include	72654
information from the federal bureau of investigation in the	72655
criminal records check.	72656

(2) A person required by division (B)(1) of this section to	72657
request a criminal records check shall do both of the following:	72658

(a) Provide to each applicant for whom a criminal records	72659
check request is required under that division a copy of the form	72660
prescribed pursuant to division (C)(1) of section 109.572 of the	72661
Revised Code and a standard fingerprint impression sheet	72662
prescribed pursuant to division (C)(2) of that section, and obtain	72663
the completed form and impression sheet from the applicant;	72664

(b) Forward the completed form and impression sheet to the	72665
superintendent of the bureau of criminal identification and	72666
investigation.	72667

(3) An applicant provided the form and fingerprint impression	72668
sheet under division (B)(2)(a) of this section who fails to	72669
complete the form or provide fingerprint impressions shall not be	72670
employed in any position for which a criminal records check is	72671
required by this section.	72672

(C)(1) Except as provided in rules adopted by the director of	72673
health in accordance with division (F) of this section and subject	72674
to division (C)(2) of this section, no hospice care program or	72675
pediatric respite care program shall employ a person in a position	72676
that involves providing direct care to an older adult or pediatric	72677
respite care patient if the person has been convicted of or	72678
pleaded guilty to any of the following:	72679

(a) A violation of section 2903.01, 2903.02, 2903.03,	72680
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	72681
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	72682
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	72683
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	72684
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	72685
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	72686
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	72687
2925.22, 2925.23, or 3716.11 of the Revised Code.	72688

(b) A violation of an existing or former law of this state,	72689
any other state, or the United States that is substantially	72690
equivalent to any of the offenses listed in division (C)(1)(a) of	72691
this section.	72692

(2)(a) A hospice care program or pediatric respite care	72693
program may employ conditionally an applicant for whom a criminal	72694
records check request is required under division (B) of this	72695
section prior to obtaining the results of a criminal records check	72696
regarding the individual, provided that the program shall request	72697
a criminal records check regarding the individual in accordance	72698
with division (B)(1) of this section not later than five business	72699
days after the individual begins conditional employment. In the	72700
circumstances described in division (I)(2) of this section, a	72701
hospice care program or pediatric respite care program may employ	72702
conditionally an applicant who has been referred to the hospice	72703
care program or pediatric respite care program by an employment	72704
service that supplies full-time, part-time, or temporary staff for	72705
positions involving the direct care of older adults or pediatric	72706
respite care patients and for whom, pursuant to that division, a	72707
criminal records check is not required under division (B) of this	72708
section.	72709

(b) A hospice care program or pediatric respite care program	72710
that employs an individual conditionally under authority of	72711
division (C)(2)(a) of this section shall terminate the	72712
individual's employment if the results of the criminal records	72713
check requested under division (B) of this section or described in	72714
division (I)(2) of this section, other than the results of any	72715
request for information from the federal bureau of investigation,	72716
are not obtained within the period ending thirty days after the	72717
date the request is made. Regardless of when the results of the	72718
criminal records check are obtained, if the results indicate that	72719
the individual has been convicted of or pleaded guilty to any of	72720
the offenses listed or described in division (C)(1) of this	72721
section, the program shall terminate the individual's employment	72722
unless the program chooses to employ the individual pursuant to	72723
division (F) of this section. Termination of employment under this	72724
division shall be considered just cause for discharge for purposes	72725
of division (D)(2) of section 4141.29 of the Revised Code if the	72726
individual makes any attempt to deceive the program about the	72727
individual's criminal record.	72728

(D)(1) Each hospice care program or pediatric respite care	72729
program shall pay to the bureau of criminal identification and	72730
investigation the fee prescribed pursuant to division (C)(3) of	72731
section 109.572 of the Revised Code for each criminal records	72732
check conducted pursuant to a request made under division (B) of	72733
this section.	72734

(2) A hospice care program or pediatric respite care program	72735
may charge an applicant a fee not exceeding the amount the program	72736
pays under division (D)(1) of this section. A program may collect	72737
a fee only if both of the following apply:	72738

(a) The program notifies the person at the time of initial	72739
application for employment of the amount of the fee and that,	72740
unless the fee is paid, the person will not be considered for	72741
employment;	72742

(b) The ~~medical assistance~~medicaid program ~~established under~~	72743
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	72744
the fee it pays under division (D)(1) of this section.	72745

(E) The report of a criminal records check conducted pursuant	72746
to a request made under this section is not a public record for	72747
the purposes of section 149.43 of the Revised Code and shall not	72748
be made available to any person other than the following:	72749

(1) The individual who is the subject of the criminal records	72750
check or the individual's representative;	72751

(2) The chief administrator of the program requesting the	72752
criminal records check or the administrator's representative;	72753

(3) The administrator of any other facility, agency, or	72754
program that provides direct care to older adults or pediatric	72755
respite care patients that is owned or operated by the same entity	72756
that owns or operates the hospice care program or pediatric	72757
respite care program;	72758

(4) A court, hearing officer, or other necessary individual	72759
involved in a case dealing with a denial of employment of the	72760
applicant or dealing with employment or unemployment benefits of	72761
the applicant;	72762

(5) Any person to whom the report is provided pursuant to,	72763
and in accordance with, division (I)(1) or (2) of this section.	72764

(F) The director of health shall adopt rules in accordance	72765
with Chapter 119. of the Revised Code to implement this section.	72766
The rules shall specify circumstances under which a hospice care	72767
program or pediatric respite care program may employ a person who	72768
has been convicted of or pleaded guilty to an offense listed or	72769
described in division (C)(1) of this section but meets personal	72770
character standards set by the director.	72771

(G) The chief administrator of a hospice care program or	72772
pediatric respite care program shall inform each individual, at	72773
the time of initial application for a position that involves	72774
providing direct care to an older adult or pediatric respite care	72775
patient, that the individual is required to provide a set of	72776
fingerprint impressions and that a criminal records check is	72777
required to be conducted if the individual comes under final	72778
consideration for employment.	72779

(H) In a tort or other civil action for damages that is	72780
brought as the result of an injury, death, or loss to person or	72781
property caused by an individual who a hospice care program or	72782
pediatric respite care program employs in a position that involves	72783
providing direct care to older adults or pediatric respite care	72784
patients, all of the following shall apply:	72785

(1) If the program employed the individual in good faith and	72786
reasonable reliance on the report of a criminal records check	72787
requested under this section, the program shall not be found	72788
negligent solely because of its reliance on the report, even if	72789
the information in the report is determined later to have been	72790
incomplete or inaccurate;	72791

(2) If the program employed the individual in good faith on a	72792
conditional basis pursuant to division (C)(2) of this section, the	72793
program shall not be found negligent solely because it employed	72794
the individual prior to receiving the report of a criminal records	72795
check requested under this section;	72796

(3) If the program in good faith employed the individual	72797
according to the personal character standards established in rules	72798
adopted under division (F) of this section, the program shall not	72799
be found negligent solely because the individual prior to being	72800
employed had been convicted of or pleaded guilty to an offense	72801
listed or described in division (C)(1) of this section.	72802

(I)(1) The chief administrator of a hospice care program or	72803
pediatric respite care program is not required to request that the	72804
superintendent of the bureau of criminal identification and	72805
investigation conduct a criminal records check of an applicant if	72806
the applicant has been referred to the program by an employment	72807
service that supplies full-time, part-time, or temporary staff for	72808
positions involving the direct care of older adults or pediatric	72809
respite care patients and both of the following apply:	72810

(a) The chief administrator receives from the employment	72811
service or the applicant a report of the results of a criminal	72812
records check regarding the applicant that has been conducted by	72813
the superintendent within the one-year period immediately	72814
preceding the applicant's referral;	72815

(b) The report of the criminal records check demonstrates	72816
that the person has not been convicted of or pleaded guilty to an	72817
offense listed or described in division (C)(1) of this section, or	72818
the report demonstrates that the person has been convicted of or	72819
pleaded guilty to one or more of those offenses, but the hospice	72820
care program or pediatric respite care program chooses to employ	72821
the individual pursuant to division (F) of this section.	72822

(2) The chief administrator of a hospice care program or	72823
pediatric respite care program is not required to request that the	72824
superintendent of the bureau of criminal identification and	72825
investigation conduct a criminal records check of an applicant and	72826
may employ the applicant conditionally as described in this	72827
division, if the applicant has been referred to the program by an	72828
employment service that supplies full-time, part-time, or	72829
temporary staff for positions involving the direct care of older	72830
adults or pediatric respite care patients and if the chief	72831
administrator receives from the employment service or the	72832
applicant a letter from the employment service that is on the	72833
letterhead of the employment service, dated, and signed by a	72834
supervisor or another designated official of the employment	72835
service and that states that the employment service has requested	72836
the superintendent to conduct a criminal records check regarding	72837
the applicant, that the requested criminal records check will	72838
include a determination of whether the applicant has been	72839
convicted of or pleaded guilty to any offense listed or described	72840
in division (C)(1) of this section, that, as of the date set forth	72841
on the letter, the employment service had not received the results	72842
of the criminal records check, and that, when the employment	72843
service receives the results of the criminal records check, it	72844
promptly will send a copy of the results to the hospice care	72845
program or pediatric respite care program. If a hospice care	72846
program or pediatric respite care program employs an applicant	72847
conditionally in accordance with this division, the employment	72848
service, upon its receipt of the results of the criminal records	72849
check, promptly shall send a copy of the results to the hospice	72850
care program or pediatric respite care program, and division	72851
(C)(2)(b) of this section applies regarding the conditional	72852
employment.	72853

Sec. 3713.06. (A) Any person required to register under	72854
division (A) of section 3713.02 of the Revised Code who imports	72855
bedding or stuffed toys into this state for retail sale or use in	72856
this state and any person required to register under division (A)	72857
of section 3713.02 of the Revised Code who manufactures bedding or	72858
stuffed toys in this state for retail sale or use in this state	72859
shall submit a report to the superintendent of industrial	72860
compliance, in a form and manner prescribed by the superintendent.	72861
The form shall be submitted once ~~every six months~~per year and	72862
shall show the total number of items of bedding or stuffed toys	72863
imported into this state or manufactured in this state. Each	72864
report shall be accompanied by a fee of four cents for each item	72865
of bedding or stuffed toy imported into this state or manufactured	72866
in this state.	72867

(B) Every importer, manufacturer, or wholesaler of stuffed	72868
toys or articles of bedding, and every mobile home and	72869
recreational vehicle dealer, conversion van dealer, secondhand	72870
dealer, and auction house shall retain records, designated by the	72871
superintendent in rule, for the time period established in rule.	72872

(C) Every importer, manufacturer, or wholesaler of stuffed	72873
toys or articles of bedding, and every mobile home and	72874
recreational vehicle dealer, conversion van dealer, secondhand	72875
dealer, and auction house shall make sufficient investigation of	72876
its records to ensure that the information reported to the	72877
superintendent under division (A) of this section is accurate.	72878

Sec. 3714.03. (A) As used in this section:

72879

(1) "Aquifer system" means one or more geologic units or	72880
formations that are wholly or partially saturated with water and	72881
are capable of storing, transmitting, and yielding significant	72882
amounts of water to wells or springs.	72883

(2) "Category 3 wetland" means a wetland that supports	72884
superior habitat or hydrological or recreational functions as	72885
determined by an appropriate wetland evaluation methodology	72886
acceptable to the director of environmental protection. "Category	72887
3 wetland" includes a wetland with high levels of diversity, a	72888
high proportion of native species, and high functional values and	72889
includes, but is not limited to, a wetland that contains or	72890
provides habitat for threatened or endangered species. "Category 3	72891
wetland" may include high quality forested wetlands, including old	72892
growth forested wetlands, mature forested riparian wetlands,	72893
vernal pools, bogs, fens, and wetlands that are scarce regionally.	72894

(3) "Natural area" means either of the following:

72895

(a) An area designated by the director of natural resources	72896
as a wild, scenic, or recreational river under section 1547.81 of	72897
the Revised Code;	72898

(b) An area designated by the United States department of the	72899
interior as a national wild, scenic, or recreational river.	72900

(4) "Occupied dwelling" means a residential dwelling and also	72901
includes a place of worship as defined in section 5104.01 of the	72902
Revised Code, a child day-care center as defined in that section,	72903
a hospital as defined in section 3727.01 of the Revised Code, a	72904
nursing home as defined in that section, a school, and a	72905
restaurant or other eating establishment. "Occupied dwelling" does	72906
not include a dwelling owned or controlled by the owner or	72907
operator of a construction and demolition debris facility to which	72908
the siting criteria established under this section are being	72909
applied.	72910

(5) "Residential dwelling" means a building used or intended	72911
to be used in whole or in part as a personal residence by the	72912
owner, part-time owner, or lessee of the building or any person	72913
authorized by the owner, part-time owner, or lessee to use the	72914
building as a personal residence.	72915

(B) Neither the director of environmental protection nor any	72916
board of health shall issue a permit to install under section	72917
3714.051 of the Revised Code to establish a new construction and	72918
demolition debris facility when any portion of the facility is	72919
proposed to be located in either of the following locations:	72920

(1) Within the boundaries of a one-hundred-year flood plain,	72921
as those boundaries are shown on the applicable maps prepared	72922
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	72923
U.S.C.A. 4001, as amended, unless the owner or operator has	72924
obtained an exemption from division (B)(1) of this section in	72925
accordance with section 3714.04 of the Revised Code. If no such	72926
maps have been prepared, the boundaries of a one-hundred-year	72927
flood plain shall be determined by the applicant for a permit	72928
based upon standard methodologies set forth in "urban hydrology	72929
for small watersheds" (soil conservation service technical release	72930
number 55) and section 4 of the "national engineering hydrology	72931
handbook" of the soil conservation service of the United States	72932
department of agriculture.	72933

(2) Within the boundaries of a sole source aquifer designated	72934
by the administrator of the United States environmental protection	72935
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),	72936
42 U.S.C.A. 300f, as amended.	72937

(C) Neither the director nor any board shall issue a permit	72938
to install under section 3714.051 of the Revised Code to establish	72939
a new construction and demolition debris facility when the	72940
horizontal limits of construction and demolition debris placement	72941
at the new facility are proposed to be located in any of the	72942
following locations:	72943

(1) Within one hundred feet of a perennial stream as defined	72944
by the United States geological survey seven and one-half minute	72945
quadrangle map or a category 3 wetland;	72946

(2) Within one hundred feet of the facility's property line;

72947

(3)(a) Except as provided in division (C)(3)(b) of this	72948
section, within five hundred feet of a residential or public water	72949
supply well.	72950

(b) Division (C)(3)(a) of this section does not apply to a	72951
residential well under any of the circumstances specified in	72952
divisions (C)(3)(b)(i) to (iii) of this section as follows:	72953

(i) The well is controlled by the owner or operator of the	72954
construction and demolition debris facility.	72955

(ii) The well is hydrologically separated from the horizontal	72956
limits of construction and demolition debris placement.	72957

(iii) The well is at least three hundred feet upgradient from	72958
the horizontal limits of construction and demolition debris	72959
placement and division (D) of this section does not prohibit the	72960
issuance of the permit to install.	72961

(4) Within five hundred feet of a park created or operated	72962
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041	72963
of the Revised Code, a state park established or dedicated under	72964
Chapter 1541. of the Revised Code, a state park purchase area	72965
established under section 1541.02 of the Revised Code, a national	72966
recreation area, any unit of the national park system, or any	72967
property that lies within the boundaries of a national park or	72968
recreation area, but that has not been acquired or is not	72969
administered by the secretary of the United States department of	72970
the interior, located in this state, or any area located in this	72971
state that is recommended by the secretary for study for potential	72972
inclusion in the national park system in accordance with "The Act	72973
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	72974

(5) Within five hundred feet of a natural area, any area	72975
established by the department of natural resources as a state	72976
wildlife area under Chapter 1531. of the Revised Code and rules	72977
adopted under it, any area that is formally dedicated as a nature	72978
preserve under section 1517.05 of the Revised Code, or any area	72979
designated by the United States department of the interior as a	72980
national wildlife refuge;	72981

(6) Within five hundred feet of a lake or reservoir of one	72982
acre or more that is hydrogeologically connected to ground water.	72983
For purposes of division (C)(6) of this section, a lake or	72984
reservoir does not include a body of water constructed and used	72985
for purposes of surface water drainage or sediment control.	72986

(7) Within five hundred feet of a state forest purchased or	72987
otherwise acquired under Chapter 1503. of the Revised Code;	72988

(8) ~~Within five hundred feet of land that is placed on the~~	72989
~~state registry of historic landmarks under section 149.55 of the~~	72990
~~Revised Code;~~	72991

~~(9)~~ Within five hundred feet of an occupied dwelling unless	72992
written permission is given by the owner of the dwelling.	72993

(D) Neither the director nor any board shall issue a permit	72994
to install under section 3714.051 of the Revised Code to establish	72995
a new construction and demolition debris facility when the limits	72996
of construction and demolition debris placement at the new	72997
facility are proposed to have an isolation distance of less than	72998
five feet from the uppermost aquifer system that consists of	72999
material that has a maximum hydraulic conductivity of 1 x 10-5	73000
cm/sec and all of the geologic material comprising the isolation	73001
distance has a hydraulic conductivity equivalent to or less than 1	73002
x 10-6 cm/sec.	73003

(E) Neither the director nor any board shall issue a permit	73004
to install under section 3714.051 of the Revised Code to establish	73005
a new construction and demolition debris facility when the road	73006
that is designated by the owner or operator as the main hauling	73007
road at the facility to and from the limits of construction and	73008
demolition debris placement is proposed to be located within five	73009
hundred feet of an occupied dwelling unless written permission is	73010
given by the owner of the occupied dwelling.	73011

(F) Neither the director nor any board shall issue a permit	73012
to install under section 3714.051 of the Revised Code to establish	73013
a new construction and demolition debris facility unless the new	73014
facility will have all of the following:	73015

(1) Access roads that shall be constructed in a manner that	73016
allows use in all weather conditions and will withstand the	73017
anticipated degree of use and minimize erosion and generation of	73018
dust;	73019

(2) Surface water drainage and sediment controls that are	73020
required by the director;	73021

(3) If the facility is proposed to be located in an area in	73022
which an applicable zoning resolution allows residential	73023
construction, vegetated earthen berms or an equivalent barrier	73024
with a minimum height of six feet separating the facility from	73025
adjoining property.	73026

(G)(1) The siting criteria established in this section shall	73027
be applied to an application for a permit to install at the time	73028
that the application is submitted to the director or a board of	73029
health, as applicable. Circumstances related to the siting	73030
criteria that change after the application is submitted shall not	73031
be considered in approving or disapproving the application.	73032

(2) The siting criteria established in this section by this	73033
amendment do not apply to an expansion of a construction and	73034
demolition debris facility that was in operation prior to December	73035
22, 2005, onto property within the property boundaries identified	73036
in the application for the initial license for that facility or	73037
any subsequent license issued for that facility up to and	73038
including the license issued for that facility for calendar year	73039
2005. The siting criteria established in this section prior to	73040
December 22, 2005, apply to such an expansion.	73041

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	73042
health and the environmental protection agency in administering	73043
and enforcing this chapter and rules adopted under it, there is	73044
hereby levied a fee of thirty cents per cubic yard or sixty cents	73045
per ton, as applicable, on both of the following:	73046

(a) The disposal of construction and demolition debris at a	73047
construction and demolition debris facility that is licensed under	73048
this chapter or at a solid waste facility that is licensed under	73049
Chapter 3734. of the Revised Code;	73050

(b) The disposal of asbestos or asbestos-containing materials	73051
or products at a construction and demolition debris facility that	73052
is licensed under this chapter or at a solid waste facility that	73053
is licensed under Chapter 3734. of the Revised Code.	73054

(2) The owner or operator of a construction and demolition	73055
debris facility or a solid waste facility shall determine if cubic	73056
yards or tons will be used as the unit of measurement. If basing	73057
the fee on cubic yards, the owner or operator shall utilize either	73058
the maximum cubic yard capacity of the container, or the hauling	73059
volume of the vehicle, that transports the construction and	73060
demolition debris to the facility or the cubic yards actually	73061
logged for disposal by the owner or operator in accordance with	73062
rules adopted under section 3714.02 of the Revised Code. If basing	73063
the fee on tonnage, the owner or operator shall use certified	73064
scales to determine the tonnage of construction and demolition	73065
debris that is disposed of.	73066

(3) The owner or operator of a construction and demolition	73067
debris facility or a solid waste facility shall calculate the	73068
amount of money generated from the fee levied under division	73069
(A)(1) of this section and shall hold that amount as a trustee for	73070
the health district having jurisdiction over the facility, if that	73071
district is on the approved list under section 3714.09 of the	73072
Revised Code, or for the state. The owner or operator shall	73073
prepare and file with the appropriate board of health or the	73074
director of environmental protection monthly returns indicating	73075
the total volume or weight, as applicable, of construction and	73076
demolition debris and asbestos or asbestos-containing materials or	73077
products disposed of at the facility and the total amount of money	73078
generated during that month from the fee levied under division	73079
(A)(1) of this section on the disposal of construction and	73080
demolition debris and asbestos or asbestos-containing materials or	73081
products. Not later than thirty days after the last day of the	73082
month to which the return applies, the owner or operator shall	73083
mail to the board of health or the director the return for that	73084
month together with the amount of money calculated under division	73085
(A)(3) of this section on the disposal of construction and	73086
demolition debris and asbestos or asbestos-containing materials or	73087
products during that month or may submit the return and money	73088
electronically in a manner approved by the director. The owner or	73089
operator may request, in writing, an extension of not more than	73090
thirty days after the last day of the month to which the return	73091
applies. A request for extension may be denied. If the owner or	73092
operator submits the money late, the owner or operator shall pay a	73093
penalty of ten per cent of the amount of the money due for each	73094
month that it is late.	73095

(4) Of the money that is submitted by a construction and	73096
demolition debris facility or a solid waste facility on a per	73097
cubic yard or per ton basis under this section, a board of health	73098
shall transmit three cents per cubic yard or six cents per ton, as	73099
applicable, to the director not later than forty-five days after	73100
the receipt of the money. The money retained by a board of health	73101
under this section shall be paid into a special fund, which is	73102
hereby created in each health district, and used solely tofor the	73103
following purposes:	73104

(a) To administer and enforce this chapter and rules adopted	73105
under it;	73106

(b) To abate abandoned accumulations of construction and	73107
demolition debris as provided in section 3714.074 of the Revised	73108
Code.	73109

The director shall transmit all money received under this	73110
section to the treasurer of state to be credited to the	73111
construction and demolition debris facility oversight fund, which	73112
is hereby created in the state treasury. The fund shall be	73113
administered by the director, and money credited to the fund shall	73114
be used exclusively for the administration and enforcement of this	73115
chapter and rules adopted under it.	73116

(B) The board of health of a health district or the director	73117
may enter into an agreement with the owner or operator of a	73118
construction and demolition debris facility or a solid waste	73119
facility for the quarterly payment of money generated from the	73120
disposal fee as calculated in division (A)(3) of this section. The	73121
board of health shall notify the director of any such agreement.	73122
Not later than forty-five days after receipt of the quarterly	73123
payment, the board of health shall transmit the amount established	73124
in division (A)(4) of this section to the director. The money	73125
retained by the board of health shall be deposited in the special	73126
fund of the district as required under that division. Upon receipt	73127
of the money from a board of health, the director shall transmit	73128
the money to the treasurer of state to be credited to the	73129
construction and demolition debris facility oversight fund.	73130

(C) If a construction and demolition debris facility or a	73131
solid waste facility is located within the territorial boundaries	73132
of a municipal corporation or the unincorporated area of a	73133
township, the municipal corporation or township may appropriate up	73134
to four cents per cubic yard or up to eight cents per ton of the	73135
disposal fee required to be paid by the facility under division	73136
(A)(1) of this section for the same purposes that a municipal	73137
corporation or township may levy a fee under division (C) of	73138
section 3734.57 of the Revised Code.	73139

The legislative authority of the municipal corporation or	73140
township may appropriate the money from the fee by enacting an	73141
ordinance or adopting a resolution establishing the amount of the	73142
fee to be appropriated. Upon doing so, the legislative authority	73143
shall mail a certified copy of the ordinance or resolution to the	73144
board of health of the health district in which the construction	73145
and demolition debris facility or the solid waste facility is	73146
located or, if the facility is located in a health district that	73147
is not on the approved list under section 3714.09 of the Revised	73148
Code, to the director. Upon receipt of the copy of the ordinance	73149
or resolution and not later than forty-five days after receipt of	73150
money generated from the fee, the board or the director, as	73151
applicable, shall transmit to the treasurer or other appropriate	73152
officer of the municipal corporation or clerk of the township that	73153
portion of the money generated from the disposal fee by the owner	73154
or operator of the facility that is required by the ordinance or	73155
resolution to be paid to that municipal corporation or township.	73156

Money received by the treasurer or other appropriate officer	73157
of a municipal corporation under this division shall be paid into	73158
the general fund of the municipal corporation. Money received by	73159
the clerk of a township under this division shall be paid into the	73160
general fund of the township. The treasurer or other officer of	73161
the municipal corporation or the clerk of the township, as	73162
appropriate, shall maintain separate records of the money received	73163
under this division.	73164

The legislative authority of a municipal corporation or	73165
township may cease appropriating money under this division by	73166
repealing the ordinance or resolution that was enacted or adopted	73167
under this division.	73168

The director shall adopt rules in accordance with Chapter	73169
119. of the Revised Code establishing requirements for prorating	73170
the amount of the fee that may be appropriated under this division	73171
by a municipal corporation or township in which only a portion of	73172
a construction and demolition debris facility is located within	73173
the territorial boundaries of the municipal corporation or	73174
township.	73175

(D) The board of county commissioners of a county in which a	73176
construction and demolition debris facility or a solid waste	73177
facility is located may appropriate up to three cents per cubic	73178
yard or up to six cents per ton of the disposal fee required to be	73179
paid by the facility under division (A)(1) of this section for the	73180
same purposes that a solid waste management district may levy a	73181
fee under division (B) of section 3734.57 of the Revised Code.	73182

The board of county commissioners may appropriate the money	73183
from the fee by adopting a resolution establishing the amount of	73184
the fee to be appropriated. Upon doing so, the board of county	73185
commissioners shall mail a certified copy of the resolution to the	73186
board of health of the health district in which the construction	73187
and demolition debris facility or the solid waste facility is	73188
located or, if the facility is located in a health district that	73189
is not on the approved list under section 3714.09 of the Revised	73190
Code, to the director. Upon receipt of the copy of the resolution	73191
and not later than forty-five days after receipt of money	73192
generated from the fee, the board of health or the director, as	73193
applicable, shall transmit to the treasurer of the county that	73194
portion of the money generated from the disposal fee by the owner	73195
or operator of the facility that is required by the resolution to	73196
be paid to that county.	73197

Money received by a county treasurer under this division	73198
shall be paid into the general fund of the county. The county	73199
treasurer shall maintain separate records of the money received	73200
under this division.	73201

A board of county commissioners may cease appropriating money	73202
under this division by repealing the resolution that was adopted	73203
under this division.	73204

(E)(1) This section does not apply to the disposal of	73205
construction and demolition debris at a solid waste facility that	73206
is licensed under Chapter 3734. of the Revised Code if there is no	73207
construction and demolition debris facility licensed under this	73208
chapter within thirty-five miles of the solid waste facility as	73209
determined by a facility's property boundaries.	73210

(2) This section does not apply to the disposal of	73211
construction and demolition debris at a solid waste facility that	73212
is licensed under Chapter 3734. of the Revised Code if the owner	73213
or operator of the facility chooses to collect fees on the	73214
disposal of the construction and demolition debris and asbestos or	73215
asbestos-containing materials or products that are identical to	73216
the fees that are collected under Chapters 343. and 3734. of the	73217
Revised Code on the disposal of solid wastes at that facility.	73218

(3) This section does not apply to the disposal of source	73219
separated materials that are exclusively composed of reinforced or	73220
nonreinforced concrete, asphalt, clay tile, building or paving	73221
brick, or building or paving stone at a construction and	73222
demolition debris facility that is licensed under this chapter	73223
when either of the following applies:	73224

(a) The materials are placed within the limits of	73225
construction and demolition debris placement at the facility as	73226
specified in the license issued to the facility under section	73227
3714.06 of the Revised Code, are not placed within the unloading	73228
zone of the facility, and are used as a fire prevention measure in	73229
accordance with rules adopted by the director under section	73230
3714.02 of the Revised Code.	73231

(b) The materials are not placed within the unloading zone of	73232
the facility or within the limits of construction and demolition	73233
debris placement at the facility as specified in the license	73234
issued to the facility under section 3714.06 of the Revised Code,	73235
but are used as fill material, either alone or in conjunction with	73236
clean soil, sand, gravel, or other clean aggregates, in legitimate	73237
fill operations for construction purposes at the facility or to	73238
bring the facility up to a consistent grade.	73239

Sec. 3714.074. (A) A board of health may use money in the	73240
board's special fund created in section 3714.07 of the Revised	73241
Code for the purpose specified in division (B) of this section if	73242
both of the following apply:	73243

(1) It is the end of the fiscal year.

73244

(2) The board determines that it has more money in the fund	73245
than is necessary for the board to administer and enforce this	73246
chapter and rules adopted under it for the following fiscal year.	73247

(B) A board of health may use excess money as described in	73248
division (A) of this section to abate abandoned accumulations of	73249
construction and demolition debris at a location for which a	73250
license has not been issued pursuant to section 3714.05 of the	73251
Revised Code if the board has reason to believe that there is a	73252
substantial threat to public health or safety or the environment	73253
and all of the following apply to the property on which the	73254
accumulations are located:	73255

(1) The construction and demolition debris was placed on the	73256
property under either of the following circumstances:	73257

(a) After the owner of the property acquired title to it;

73258

(b) Before the owner of the property acquired title to it if	73259
the owner acquired title to the property by bequest or devise.	73260

(2) The owner of the property did not have knowledge that the	73261
construction and demolition debris was being placed on the	73262
property, or the owner posted on the property signs prohibiting	73263
dumping or took other action to prevent the placing of	73264
construction and demolition debris on the property.	73265

(3) The owner of the property did not participate in or	73266
consent to the placement of the construction and demolition debris	73267
on the property.	73268

(4) The owner of the property did not receive any financial	73269
benefit from the placement of the construction and demolition	73270
debris on the property or from having the construction and	73271
demolition debris on the property.	73272

(5) Title to the property was not transferred to the owner of	73273
that property for the purpose of avoiding liability for violations	73274
of this chapter or rules adopted under it.	73275

(6) The person responsible for the placement of the	73276
construction and demolition debris on the property, in placing the	73277
construction and demolition debris on the property, was not acting	73278
as an agent for the owner of the property.	73279

Sec. 3717.08. (A) The director of agriculture and director	73280
of health shall strive to increase consumer confidence in the	73281
state's food supply by promoting food safety awareness and	73282
education. The efforts of the director of agriculture and director	73283
of health shall be made, when appropriate and available, through	73284
partnerships with representatives of retail food establishments,	73285
representatives of food service operations, and representatives of	73286
the academic community, including ~~the Ohio state university~~OSU	73287
extension ~~service~~.	73288

(B) As part of their promotion of food safety awareness, the	73289
director of agriculture and the director of health shall do the	73290
following:	73291

(1) Develop training programs regarding the Ohio uniform food	73292
safety code. The directors may offer the training programs	73293
separately but shall coordinate the content of the programs to the	73294
greatest extent practicable. The training programs shall be made	73295
available to the employees of the department of agriculture,	73296
employees of the department of health, representatives of boards	73297
of health and the health officials employed by the boards,	73298
representatives of retail food establishments, and representatives	73299
of food service operations.	73300

(2) Co-sponsor a biennial statewide food safety conference.	73301
Additional statewide food safety conferences may be held as	73302
considered appropriate by the director of agriculture and director	73303
of health.	73304

Sec. 3718.06. (A) A board of health shall establish fees in	73305
accordance with section 3709.09 of the Revised Code for the	73306
purpose of carrying out its duties under this chapter and rules	73307
adopted under it, including fees for installation permits,	73308
operation permits, and alteration permits issued by the board. All	73309
fees so established and collected by the board shall be deposited	73310
in a special fund of the district to be used exclusively by the	73311
board in carrying out those duties.	73312

(B) In accordance with Chapter 119. of the Revised Code, the	73313
director of health may establish by rule a fee to be collected	73314
from applicants for installation permits and alteration permits	73315
issued under rules adopted under this chapter. The director of	73316
health shall use not more than ~~seventy-five~~ninety per cent of the	73317
proceeds from that fee for administering and enforcing this	73318
chapter and the rules adopted under it by the director. The	73319
director shall use not less than ~~twenty-five~~ten per cent of the	73320
proceeds from that fee to establish a program in cooperation with	73321
boards of health to fund installation and evaluation of sewage	73322
treatment system new technology pilot projects through grants or	73323
other agreements. In the selection of pilot projects, the director	73324
shall consult with the sewage treatment system technical advisory	73325
committee. A board of health shall collect and transmit the fee to	73326
the director pursuant to section 3709.092 of the Revised Code.	73327

Sec. 3719.61. Nothing in the laws dealing with drugs of	73328
abuse shall be construed to prohibit treatment of narcotic drug	73329
dependent persons by the continuing maintenance of their	73330
dependence through the administration of methadone in accordance	73331
with the rules adopted by the department of ~~alcohol and drug~~	73332
~~addiction services~~mental health and addiction services under	73333
section ~~3793.11~~5119.39 of the Revised Code, when all of the	73334
following apply:	73335

(A) The likelihood that any person undergoing maintenance	73336
treatment will be cured of dependence on narcotic drugs is remote,	73337
the treatment is prescribed for the purpose of alleviating or	73338
controlling the patient's drug dependence, and the patient's	73339
prognosis while undergoing treatment is at least a partial	73340
improvement in the patient's asocial or antisocial behavior	73341
patterns;	73342

(B) In the case of an inpatient in a hospital or clinic, the	73343
amount of the maintenance drug dispensed at any one time does not	73344
exceed the quantity necessary for a single dose, and the dose is	73345
administered to the patient immediately;	73346

(C) In the case of an outpatient, the amount of the	73347
maintenance drug dispensed at any one time shall be determined by	73348
the patient's treatment provider taking into account the patient's	73349
progress in the treatment program and the patient's needs for	73350
gainful employment, education, and responsible homemaking, except	73351
that in no event shall the dosage be greater than the amount	73352
permitted by federal law and rules adopted by the department	73353
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	73354

(D) The drug is not dispensed in any case to replace or	73355
supplement any part of a supply of the drug previously dispensed,	73356
or when there is reasonable cause to believe it will be used or	73357
disposed of unlawfully;	73358

(E) The drug is dispensed through a program licensed and	73359
operated in accordance with section ~~3793.11~~5119.39 of the Revised	73360
Code.	73361

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	73362
3721.99 of the Revised Code:	73363

(1)(a) "Home" means an institution, residence, or facility	73364
that provides, for a period of more than twenty-four hours,	73365
whether for a consideration or not, accommodations to three or	73366
more unrelated individuals who are dependent upon the services of	73367
others, including a nursing home, residential care facility, home	73368
for the aging, and a veterans' home operated under Chapter 5907.	73369
of the Revised Code.	73370

(b) "Home" also means both of the following:

73371

(i) Any facility that a person, as defined in section 3702.51	73372
of the Revised Code, proposes for certification as a skilled	73373
nursing facility or nursing facility under Title XVIII or XIX of	73374
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	73375
as amended, and for which a certificate of need, other than a	73376
certificate to recategorize hospital beds as described in section	73377
3702.521 of the Revised Code or division (R)(7)(d) of the version	73378
of section 3702.51 of the Revised Code in effect immediately prior	73379
to April 20, 1995, has been granted to the person under sections	73380
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	73381

(ii) A county home or district home that is or has been	73382
licensed as a residential care facility.	73383

73384

(i) Except as provided in division (A)(1)(b) of this section,	73385
a public hospital or hospital as defined in section 3701.01 or	73386
5122.01 of the Revised Code;	73387

(ii) A residential facility as defined in section ~~5119.22~~	73388
5119.34 of the Revised Code;	73389

(iii) A residential facility as defined in section 5123.19 of	73390
the Revised Code;	73391

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	73392
services provider as defined in section ~~3793.01~~5119.01 of the	73393
Revised Code;	73394

(v) A facility licensed to provide methadone treatment under	73395
section ~~3793.11~~5119.39 of the Revised Code;	73396

(vi) A facility providing services under contract with the	73397
department of developmental disabilities under section 5123.18 of	73398
the Revised Code;	73399

(vii) A facility operated by a hospice care program licensed	73400
under section 3712.04 of the Revised Code that is used exclusively	73401
for care of hospice patients;	73402

(viii) A facility operated by a pediatric respite care	73403
program licensed under section 3712.041 of the Revised Code that	73404
is used exclusively for care of pediatric respite care patients;	73405

(ix) A facility, infirmary, or other entity that is operated	73406
by a religious order, provides care exclusively to members of	73407
religious orders who take vows of celibacy and live by virtue of	73408
their vows within the orders as if related, and does not	73409
participate in the medicare program ~~established under Title XVIII~~	73410
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	73411
program ~~established under Chapter 5111. of the Revised Code and~~	73412
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	73413
facility, infirmary, or entity was providing care exclusively to	73414
members of the religious order;	73415

(x) A county home or district home that has never been	73416
licensed as a residential care facility.	73417

(2) "Unrelated individual" means one who is not related to	73418
the owner or operator of a home or to the spouse of the owner or	73419
operator as a parent, grandparent, child, grandchild, brother,	73420
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	73421
uncle.	73422

(3) "Mental impairment" does not mean mental illness as	73423
defined in section 5122.01 of the Revised Code or mental	73424
retardation as defined in section 5123.01 of the Revised Code.	73425

(4) "Skilled nursing care" means procedures that require	73426
technical skills and knowledge beyond those the untrained person	73427
possesses and that are commonly employed in providing for the	73428
physical, mental, and emotional needs of the ill or otherwise	73429
incapacitated. "Skilled nursing care" includes, but is not limited	73430
to, the following:	73431

(a) Irrigations, catheterizations, application of dressings,	73432
and supervision of special diets;	73433

(b) Objective observation of changes in the patient's	73434
condition as a means of analyzing and determining the nursing care	73435
required and the need for further medical diagnosis and treatment;	73436

73437

(d) Administration of medication by any method ordered by a	73438
physician, such as hypodermically, rectally, or orally, including	73439
observation of the patient after receipt of the medication;	73440

(e) Carrying out other treatments prescribed by the physician	73441
that involve a similar level of complexity and skill in	73442
administration.	73443

(5)(a) "Personal care services" means services including, but	73444
not limited to, the following:	73445

(i) Assisting residents with activities of daily living;

73446

(ii) Assisting residents with self-administration of	73447
medication, in accordance with rules adopted under section 3721.04	73448
of the Revised Code;	73449

(iii) Preparing special diets, other than complex therapeutic	73450
diets, for residents pursuant to the instructions of a physician	73451
or a licensed dietitian, in accordance with rules adopted under	73452
section 3721.04 of the Revised Code.	73453

(b) "Personal care services" does not include "skilled	73454
nursing care" as defined in division (A)(4) of this section. A	73455
facility need not provide more than one of the services listed in	73456
division (A)(5)(a) of this section to be considered to be	73457
providing personal care services.	73458

(6) "Nursing home" means a home used for the reception and	73459
care of individuals who by reason of illness or physical or mental	73460
impairment require skilled nursing care and of individuals who	73461
require personal care services but not skilled nursing care. A	73462
nursing home is licensed to provide personal care services and	73463
skilled nursing care.	73464

(7) "Residential care facility" means a home that provides	73465
either of the following:	73466

(a) Accommodations for seventeen or more unrelated	73467
individuals and supervision and personal care services for three	73468
or more of those individuals who are dependent on the services of	73469
others by reason of age or physical or mental impairment;	73470

(b) Accommodations for three or more unrelated individuals,	73471
supervision and personal care services for at least three of those	73472
individuals who are dependent on the services of others by reason	73473
of age or physical or mental impairment, and, to at least one of	73474
those individuals, any of the skilled nursing care authorized by	73475
section 3721.011 of the Revised Code.	73476

(8) "Home for the aging" means a home that provides services	73477
as a residential care facility and a nursing home, except that the	73478
home provides its services only to individuals who are dependent	73479
on the services of others by reason of both age and physical or	73480
mental impairment.	73481

The part or unit of a home for the aging that provides	73482
services only as a residential care facility is licensed as a	73483
residential care facility. The part or unit that may provide	73484
skilled nursing care beyond the extent authorized by section	73485
3721.011 of the Revised Code is licensed as a nursing home.	73486

(9) "County home" and "district home" mean a county home or	73487
district home operated under Chapter 5155. of the Revised Code.	73488

(B) The director of health may further classify homes. For	73489
the purposes of this chapter, any residence, institution, hotel,	73490
congregate housing project, or similar facility that meets the	73491
definition of a home under this section is such a home regardless	73492
of how the facility holds itself out to the public.	73493

(C) For purposes of this chapter, personal care services or	73494
skilled nursing care shall be considered to be provided by a	73495
facility if they are provided by a person employed by or	73496
associated with the facility or by another person pursuant to an	73497
agreement to which neither the resident who receives the services	73498
nor the resident's sponsor is a party.	73499

(D) Nothing in division (A)(4) of this section shall be	73500
construed to permit skilled nursing care to be imposed on an	73501
individual who does not require skilled nursing care.	73502

Nothing in division (A)(5) of this section shall be construed	73503
to permit personal care services to be imposed on an individual	73504
who is capable of performing the activity in question without	73505
assistance.	73506

(E) Division (A)(1)(c)(ix) of this section does not prohibit	73507
a facility, infirmary, or other entity described in that division	73508
from seeking licensure under sections 3721.01 to 3721.09 of the	73509
Revised Code or certification under Title XVIII or XIX of the	73510
"Social Security Act." However, such a facility, infirmary, or	73511
entity that applies for licensure or certification must meet the	73512
requirements of those sections or titles and the rules adopted	73513
under them and obtain a certificate of need from the director of	73514
health under section 3702.52 of the Revised Code.	73515

(F) Nothing in this chapter, or rules adopted pursuant to it,	73516
shall be construed as authorizing the supervision, regulation, or	73517
control of the spiritual care or treatment of residents or	73518
patients in any home who rely upon treatment by prayer or	73519
spiritual means in accordance with the creed or tenets of any	73520
recognized church or religious denomination.	73521

Sec. 3721.011. (A) In addition to providing accommodations,	73522
supervision, and personal care services to its residents, a	73523
residential care facility may do the following:	73524

(1) Provide the following skilled nursing care to its	73525
residents:	73526

(a) Supervision of special diets;

73527

(b) Application of dressings, in accordance with rules	73528
adopted under section 3721.04 of the Revised Code;	73529

(c) Subject to division (B)(1) of this section,	73530
administration of medication.	73531

(2) Subject to division (C) of this section, provide other	73532
skilled nursing care on a part-time, intermittent basis for not	73533
more than a total of one hundred twenty days in a twelve-month	73534
period;	73535

(3) Provide skilled nursing care for more than one hundred	73536
twenty days in a twelve-month period to a resident when the	73537
requirements of division (D) of this section are met.	73538

A residential care facility may not admit or retain an	73539
individual requiring skilled nursing care that is not authorized	73540
by this section. A residential care facility may not provide	73541
skilled nursing care beyond the limits established by this	73542
section.	73543

(B)(1) A residential care facility may admit or retain an	73544
individual requiring medication, including biologicals, only if	73545
the individual's personal physician has determined in writing that	73546
the individual is capable of self-administering the medication or	73547
the facility provides for the medication to be administered to the	73548
individual by a home health agency certified under Title XVIII of	73549
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	73550
amended; a hospice care program licensed under Chapter 3712. of	73551
the Revised Code; or a member of the staff of the residential care	73552
facility who is qualified to perform medication administration.	73553
Medication may be administered in a residential care facility only	73554
by the following persons authorized by law to administer	73555
medication:	73556

(a) A registered nurse licensed under Chapter 4723. of the	73557
Revised Code;	73558

(b) A licensed practical nurse licensed under Chapter 4723.	73559
of the Revised Code who holds proof of successful completion of a	73560
course in medication administration approved by the board of	73561
nursing and who administers the medication only at the direction	73562
of a registered nurse or a physician authorized under Chapter	73563
4731. of the Revised Code to practice medicine and surgery or	73564
osteopathic medicine and surgery;	73565

(c) A medication aide certified under Chapter 4723. of the	73566
Revised Code;	73567

(d) A physician authorized under Chapter 4731. of the Revised	73568
Code to practice medicine and surgery or osteopathic medicine and	73569
surgery.	73570

(2) In assisting a resident with self-administration of	73571
medication, any member of the staff of a residential care facility	73572
may do the following:	73573

(a) Remind a resident when to take medication and watch to	73574
ensure that the resident follows the directions on the container;	73575

(b) Assist a resident by taking the medication from the	73576
locked area where it is stored, in accordance with rules adopted	73577
pursuant to section 3721.04 of the Revised Code, and handing it to	73578
the resident. If the resident is physically unable to open the	73579
container, a staff member may open the container for the resident.	73580

(c) Assist a physically impaired but mentally alert resident,	73581
such as a resident with arthritis, cerebral palsy, or Parkinson's	73582
disease, in removing oral or topical medication from containers	73583
and in consuming or applying the medication, upon request by or	73584
with the consent of the resident. If a resident is physically	73585
unable to place a dose of medicine to the resident's mouth without	73586
spilling it, a staff member may place the dose in a container and	73587
place the container to the mouth of the resident.	73588

(C) Except as provided in division (D) of this section, a	73589
residential care facility may admit or retain individuals who	73590
require skilled nursing care beyond the supervision of special	73591
diets, application of dressings, or administration of medication,	73592
only if the care will be provided on a part-time, intermittent	73593
basis for not more than a total of one hundred twenty days in any	73594
twelve-month period. In accordance with Chapter 119. of the	73595
Revised Code, the director of health shall adopt rules specifying	73596
what constitutes the need for skilled nursing care on a part-time,	73597
intermittent basis. The director shall adopt rules that are	73598
consistent with rules pertaining to home health care adopted by	73599
the medicaid director ~~of job and family services~~ for the medicaid	73600
program ~~established under Chapter 5111. of the Revised Code~~.	73601
Skilled nursing care provided pursuant to this division may be	73602
provided by a home health agency certified ~~under Title XVIII of~~	73603
~~the "Social Security Act~~for participation in the medicare	73604
program," a hospice care program licensed under Chapter 3712. of	73605
the Revised Code, or a member of the staff of a residential care	73606
facility who is qualified to perform skilled nursing care.	73607

A residential care facility that provides skilled nursing	73608
care pursuant to this division shall do both of the following:	73609

(1) Evaluate each resident receiving the skilled nursing care	73610
at least once every seven days to determine whether the resident	73611
should be transferred to a nursing home;	73612

(2) Meet the skilled nursing care needs of each resident	73613
receiving the care.	73614

(D)(1) A residential care facility may admit or retain an	73615
individual who requires skilled nursing care for more than one	73616
hundred twenty days in any twelve-month period only if the	73617
facility has entered into a written agreement with each of the	73618
following:	73619

(a) The individual or individual's sponsor;

73620

(b) The individual's personal physician;

73621

(c) Unless the individual's personal physician oversees the	73622
skilled nursing care, the provider of the skilled nursing care;	73623

(d) If the individual is a hospice patient as defined in	73624
section 3712.01 of the Revised Code, a hospice care program	73625
licensed under Chapter 3712. of the Revised Code.	73626

(2) The agreement required by division (D)(1) of this section	73627
shall include all of the following provisions:	73628

(a) That the individual will be provided skilled nursing care	73629
in the facility only if a determination has been made that the	73630
individual's needs can be met at the facility;	73631

(b) That the individual will be retained in the facility only	73632
if periodic redeterminations are made that the individual's needs	73633
are being met at the facility;	73634

(c) That the redeterminations will be made according to a	73635
schedule specified in the agreement;	73636

(d) If the individual is a hospice patient, that the	73637
individual has been given an opportunity to choose the hospice	73638
care program that best meets the individual's needs;	73639

(e) Unless the individual is a hospice patient, that the	73640
individual's personal physician has determined that the skilled	73641
nursing care the individual needs is routine.	73642

(E) Notwithstanding any other provision of this chapter, a	73643
residential care facility in which residents receive skilled	73644
nursing care pursuant to this section is not a nursing home.	73645

Sec. 3721.02. (A) As used in this section, "residential	73646
facility" means a residential facility licensed under section	73647
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	73648
supervision, and personal care services for three to sixteen	73649
unrelated adults.	73650

(B) The director of health shall license homes and establish	73651
procedures to be followed in inspecting and licensing homes. The	73652
director may inspect a home at any time. Each home shall be	73653
inspected by the director at least once prior to the issuance of a	73654
license and at least once every fifteen months thereafter. The	73655
state fire marshal or a township, municipal, or other legally	73656
constituted fire department approved by the marshal shall also	73657
inspect a home prior to issuance of a license, at least once every	73658
fifteen months thereafter, and at any other time requested by the	73659
director. A home does not have to be inspected prior to issuance	73660
of a license by the director, state fire marshal, or a fire	73661
department if ownership of the home is assigned or transferred to	73662
a different person and the home was licensed under this chapter	73663
immediately prior to the assignment or transfer. The director may	73664
enter at any time, for the purposes of investigation, any	73665
institution, residence, facility, or other structure that has been	73666
reported to the director or that the director has reasonable cause	73667
to believe is operating as a nursing home, residential care	73668
facility, or home for the aging without a valid license required	73669
by section 3721.05 of the Revised Code or, in the case of a county	73670
home or district home, is operating despite the revocation of its	73671
residential care facility license. The director may delegate the	73672
director's authority and duties under this chapter to any	73673
division, bureau, agency, or official of the department of health.	73674

(C) A single facility may be licensed both as a nursing home	73675
pursuant to this chapter and as a residential facility pursuant to	73676
section ~~5119.22~~5119.34 of the Revised Code if the director	73677
determines that the part or unit to be licensed as a nursing home	73678
can be maintained separate and discrete from the part or unit to	73679
be licensed as a residential facility.	73680

(D) In determining the number of residents in a home for the	73681
purpose of licensing, the director shall consider all the	73682
individuals for whom the home provides accommodations as one group	73683
unless one of the following is the case:	73684

(1) The home is a home for the aging, in which case all the	73685
individuals in the part or unit licensed as a nursing home shall	73686
be considered as one group, and all the individuals in the part or	73687
unit licensed as a rest home shall be considered as another group.	73688

(2) The home is both a nursing home and a residential	73689
facility. In that case, all the individuals in the part or unit	73690
licensed as a nursing home shall be considered as one group, and	73691
all the individuals in the part or unit licensed as an adult care	73692
facility shall be considered as another group.	73693

(3) The home maintains, in addition to a nursing home or	73694
residential care facility, a separate and discrete part or unit	73695
that provides accommodations to individuals who do not require or	73696
receive skilled nursing care and do not receive personal care	73697
services from the home, in which case the individuals in the	73698
separate and discrete part or unit shall not be considered in	73699
determining the number of residents in the home if the separate	73700
and discrete part or unit is in compliance with the Ohio basic	73701
building code established by the board of building standards under	73702
Chapters 3781. and 3791. of the Revised Code and the home permits	73703
the director, on request, to inspect the separate and discrete	73704
part or unit and speak with the individuals residing there, if	73705
they consent, to determine whether the separate and discrete part	73706
or unit meets the requirements of this division.	73707

(E)(1) The director of health shall charge the following	73708
application fee and annual renewal licensing and inspection fee	73709
for each fifty persons or part thereof of a home's licensed	73710
capacity:	73711

(a) For state fiscal year 2010, two hundred twenty dollars;

73712

(b) For state fiscal year 2011, two hundred seventy dollars;

73713

(c) For each state fiscal year thereafter, three hundred	73714
twenty dollars.	73715

(2) All fees collected by the director for the issuance or	73716
renewal of licenses shall be deposited into the state treasury to	73717
the credit of the general operations fund created in section	73718
3701.83 of the Revised Code for use only in administering and	73719
enforcing this chapter and rules adopted under it.	73720

(F)(1) Except as otherwise provided in this section, the	73721
results of an inspection or investigation of a home that is	73722
conducted under this section, including any statement of	73723
deficiencies and all findings and deficiencies cited in the	73724
statement on the basis of the inspection or investigation, shall	73725
be used solely to determine the home's compliance with this	73726
chapter or another chapter of the Revised Code in any action or	73727
proceeding other than an action commenced under division (I) of	73728
section 3721.17 of the Revised Code. Those results of an	73729
inspection or investigation, that statement of deficiencies, and	73730
the findings and deficiencies cited in that statement shall not be	73731
used in any court or in any action or proceeding that is pending	73732
in any court and are not admissible in evidence in any action or	73733
proceeding unless that action or proceeding is an appeal of an	73734
action by the department of health under this chapter or is an	73735
action by any department or agency of the state to enforce this	73736
chapter or another chapter of the Revised Code.	73737

(2) Nothing in division (E)(1) of this section prohibits the	73738
results of an inspection or investigation conducted under this	73739
section from being used in a criminal investigation or	73740
prosecution.	73741

Sec. 3721.022. (A) As used in this section:

73742

(1) "Nursing facility" has the same meaning as in section	73743
~~5111.20~~5165.01 of the Revised Code.	73744

(2) "Deficiency" and "survey" have the same meanings as in	73745
section ~~5111.35~~5165.60 of the Revised Code.	73746

(3) "Title XIX" and "Title XVIII" have the same meanings as	73747
in section 5165.01 of the Revised Code.	73748

(B) The department of health is hereby designated the state	73749
agency responsible for establishing and maintaining health	73750
standards and serving as the state survey agency for the purposes	73751
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	73752
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	73753
shall carry out these functions in accordance with the	73754
regulations, guidelines, and procedures issued under ~~Titles~~Title	73755
XVIII and Title XIX by the United States secretary of health and	73756
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	73757
5165.89 of the Revised Code. The director of health shall enter	73758
into agreements with regard to these functions with the department	73759
of ~~job and family services~~medicaid and the United States	73760
department of health and human services. The director may also	73761
enter into agreements with the department of ~~job and family~~	73762
~~services~~medicaid under which the department of health is	73763
designated to perform functions under sections ~~5111.35~~5165.60 to	73764
~~5111.62~~5165.89 of the Revised Code.	73765

The director, in accordance with Chapter 119. of the Revised	73766
Code, shall adopt rules necessary to implement the survey and	73767
certification requirements for skilled nursing facilities and	73768
nursing facilities established by the United States secretary of	73769
health and human services under ~~Titles~~Title XVIII and Title XIX	73770
~~of the "Social Security Act,"~~ and the survey requirements	73771
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	73772
the Revised Code. The rules shall include an informal process by	73773
which a facility may obtain up to two reviews of any deficiencies	73774
that have been cited on a statement of deficiencies made by the	73775
department of health under 42 C.F.R. Part 488 and cause the	73776
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	73777
The first review shall be conducted by an employee of the	73778
department who did not participate in and was not otherwise	73779
involved in any way with the survey. A facility that is not	73780
satisfied with the results of a first review may receive a second	73781
review on payment of a fee to the department. The amount of the	73782
fee shall be specified in rules adopted under this section. The	73783
fee shall be deposited into the state treasury to the credit of	73784
the general operations fund created in section 3701.83 of the	73785
Revised Code for use in the implementation of this section. The	73786
second review shall be conducted by either of the following as	73787
selected by the facility: a hearing officer employed by the	73788
department or a hearing officer included on a list the department	73789
shall provide the facility. A final determination that any	73790
deficiency citation is unjustified shall be reflected clearly in	73791
all records relating to the survey.	73792

The director need not adopt as rules any of the regulations,	73793
guidelines, or procedures issued under ~~Titles~~Title XVIII and	73794
Title XIX ~~of the "Social Security Act"~~ by the United States	73795
secretary of health and human services.	73796

Sec. 3721.024. As used in this section, "nursing facility"	73797
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	73798
Code.	73799

The department of health may establish a program of	73800
recognition of nursing facilities that provide the highest quality	73801
care to residents who are medicaid recipients ~~of medical~~	73802
~~assistance under Chapter 5111. of the Revised Code~~. The program	73803
may be funded with public funds appropriated by the general	73804
assembly for the purpose of the program or any funds appropriated	73805
for nursing home licensure.	73806

Sec. 3721.027. (A) As used in this section, "survey" has the	73807
same meaning as in section 5165.60 of the Revised Code.	73808

(B) The department of health shall investigate within ten	73809
working days after referral, in accordance with procedures and	73810
criteria to be established by the department of health and the	73811
department of aging, any unresolved complaint that the office of	73812
the state long-term care ~~ombudsperson~~ombudsman has investigated	73813
and found to be valid and refers to the department of health. This	73814
requirement does not supersede federal requirements for survey	73815
agency complaint investigations.	73816

Sec. 3721.042. The director of health may not deny a nursing	73817
home license to a facility seeking a license under this chapter as	73818
a nursing home on the grounds that the facility does not satisfy a	73819
requirement established in rules adopted under section 3721.04 of	73820
the Revised Code regarding the toilet rooms and dining and	73821
recreational areas of nursing homes if all of the following	73822
requirements are met:	73823

(A) The facility seeks a license under this chapter because	73824
it is a county home or district home being sold under section	73825
5155.31 of the Revised Code to a person who may not operate the	73826
facility without a nursing home license under this chapter.	73827

(B) The requirement would not have applied to the facility	73828
had the facility been a nursing home first licensed under this	73829
chapter before October 20, 2001.	73830

(C) The facility was a nursing facility, as defined in	73831
section ~~5111.20~~5165.01 of the Revised Code, on the date	73832
immediately preceding the date the facility is sold to the person	73833
seeking the license.	73834

Sec. 3721.071. The buildings in which a home is housed shall	73835
be equipped with both an automatic fire extinguishing system and	73836
fire alarm system. Such systems shall conform to standards set	73837
forth in the regulations of the board of building standards and	73838
the state fire marshal.	73839

The time for compliance with the requirements imposed by this	73840
section shall be January 1, 1975, except that the date for	73841
compliance with the automatic fire extinguishing requirements is	73842
extended to January 1, 1976, provided the buildings of the home	73843
are otherwise in compliance with fire safety laws and regulations	73844
and:	73845

(A) The home within thirty days after August 4, 1975, files a	73846
written plan with the state fire marshal's office that:	73847

(1) Outlines the interim safety procedures which shall be	73848
carried out to reduce the possibility of a fire;	73849

(2) Provides evidence that the home has entered into an	73850
agreement for a fire safety inspection to be conducted not less	73851
than monthly by a qualified independent safety engineer consultant	73852
or a township, municipal, or other legally constituted fire	73853
department, or by a township or municipal fire prevention officer;	73854

(3) Provides verification that the home has entered into a	73855
valid contract for the installation of an automatic fire	73856
extinguishing system or fire alarm system, or both, as required to	73857
comply with this section;	73858

(4) Includes a statement regarding the expected date for the	73859
completion of the fire extinguishing system or fire alarm system,	73860
or both.	73861

(B) Inspections by a qualified independent safety engineer	73862
consultant or a township, municipal, or other legally constituted	73863
fire department, or by a township or municipal fire prevention	73864
officer are initiated no later than sixty days after August 4,	73865
1975, and are conducted no less than monthly thereafter, and	73866
reports of the consultant, fire department, or fire prevention	73867
officer identifying existing hazards and recommended corrective	73868
actions are submitted to the state fire marshal, the division of	73869
industrial compliance in the department of commerce, and the	73870
department of health.	73871

It is the express intent of the general assembly that the	73872
department of ~~job and family services~~medicaid shall terminate	73873
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	73874
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	73875
agreements of those homes ~~which~~that do not comply with the	73876
requirements of this section for the submission of a written fire	73877
safety plan and the deadline for entering into contracts for the	73878
installation of systems.	73879

Sec. 3721.08. (A) As used in this section, "real and present	73880
danger" means imminent danger of serious physical or	73881
life-threatening harm to one or more occupants of a home.	73882

(B) The director of health may petition the court of common	73883
pleas of the county in which the home is located for an order	73884
enjoining any person from operating a home without a license or	73885
enjoining a county home or district home that has had its license	73886
revoked from continuing to operate. The court shall have	73887
jurisdiction to grant such injunctive relief upon a showing that	73888
the respondent named in the petition is operating a home without a	73889
license or that the county home or district home named in the	73890
petition is operating despite the revocation of its license. The	73891
court shall have jurisdiction to grant such injunctive relief	73892
against the operation of a home without a valid license regardless	73893
of whether the home meets essential licensing requirements.	73894

(C) Unless the department of ~~job and family services~~medicaid	73895
or contracting agency has taken action under section ~~5111.51~~	73896
5165.77 of the Revised Code to appoint a temporary manager or seek	73897
injunctive relief, if, in the judgment of the director of health,	73898
real and present danger exists at any home, the director may	73899
petition the court of common pleas of the county in which the home	73900
is located for such injunctive relief as is necessary to close the	73901
home, transfer one or more occupants to other homes or other	73902
appropriate care settings, or otherwise eliminate the real and	73903
present danger. The court shall have the jurisdiction to grant	73904
such injunctive relief upon a showing that there is real and	73905
present danger.	73906

(D)(1) If the director determines that real and present	73907
danger exists at a home and elects not to immediately seek	73908
injunctive relief under division (C) of this section, the director	73909
may give written notice of proposed action to the home. The notice	73910
shall specify all of the following:	73911

(a) The nature of the conditions giving rise to the real and	73912
present danger;	73913

(b) The measures that the director determines the home must	73914
take to respond to the conditions;	73915

(c) The date on which the director intends to seek injunctive	73916
relief under division (C) of this section if the director	73917
determines that real and present danger exists at the home.	73918

(2) If the home notifies the director, within the time	73919
specified pursuant to division (D)(1)(c) of this section, that it	73920
believes the conditions giving rise to the real and present danger	73921
have been substantially corrected, the director shall conduct an	73922
inspection to determine whether real and present danger exists. If	73923
the director determines on the basis of the inspection that real	73924
and present danger exists, the director may petition under	73925
division (C) of this section for injunctive relief.	73926

(E)(1) If in the judgment of the director of health	73927
conditions exist at a home that will give rise to real and present	73928
danger if not corrected, the director shall give written notice of	73929
proposed action to the home. The notice shall specify all of the	73930
following:	73931

(a) The nature of the conditions giving rise to the	73932
director's judgment;	73933

(b) The measures that the director determines the home must	73934
take to respond to the conditions;	73935

(c) The date, which shall be no less than ten days after the	73936
notice is delivered, on which the director intends to seek	73937
injunctive relief under division (C) of this section if the	73938
conditions are not substantially corrected and the director	73939
determines that a real and present danger exists.	73940

(2) If the home notifies the director, within the period of	73941
time specified pursuant to division (E)(1)(c) of this section,	73942
that the conditions giving rise to the director's determination	73943
have been substantially corrected, the director shall conduct an	73944
inspection. If the director determines on the basis of the	73945
inspection that the conditions have not been corrected and a real	73946
and present danger exists, the director may petition under	73947
division (C) of this section for injunctive relief.	73948

(F)(1) A court that grants injunctive relief under division	73949
(C) of this section may also appoint a special master who, subject	73950
to division (F)(2) of this section, shall have such powers and	73951
authority over the home and length of appointment as the court	73952
considers necessary. Subject to division (F)(2) of this section,	73953
the salary of a special master and any costs incurred by a special	73954
master shall be the obligation of the home.	73955

(2) No special master shall enter into any employment	73956
contract on behalf of a home, or purchase with the home's funds	73957
any capital goods totaling more than ten thousand dollars, unless	73958
the special master has obtained approval for the contract or	73959
purchase from the home's operator or the court.	73960

(G) If the director takes action under division (C), (D), or	73961
(E) of this section, the director may also appoint employees of	73962
the department of health to conduct on-site monitoring of the	73963
home. Appointment of monitors is not subject to appeal under	73964
Chapter 119. or any other section of the Revised Code. No employee	73965
of a home for which monitors are appointed, no person employed by	73966
the home within the previous two years, and no person who	73967
currently has a consulting contract with the department or a home,	73968
shall be appointed under this division. Every monitor shall have	73969
the professional qualifications necessary to monitor correction of	73970
the conditions that give rise to or, in the director's judgment,	73971
will give rise to real and present danger. The number of monitors	73972
present at a home at any given time shall not exceed one for every	73973
fifty residents, or fraction thereof.	73974

(H) On finding that the real and present danger for which	73975
injunctive relief was granted under division (C) of this section	73976
has been eliminated and that the home's operator has demonstrated	73977
the capacity to prevent the real and present danger from	73978
recurring, the court shall terminate its jurisdiction over the	73979
home and return control and management of the home to the	73980
operator. If the real and present danger cannot be eliminated	73981
practicably within a reasonable time following appointment of a	73982
special master, the court may order the special master to close	73983
the home and transfer all residents to other homes or other	73984
appropriate care settings.	73985

(I) The director of health shall give notice of proposed	73986
action under divisions (D) and (E) of this section to both of the	73987
following:	73988

(1) The home's administrator;

73989

(2) If the home is operated by an organization described in	73990
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	73991
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	73992
amended, the board of trustees of the organization; or, if the	73993
home is not operated by such an organization, the owner of the	73994
home.	73995

Notices shall be delivered by certified mail or hand	73996
delivery. If notices are mailed, they shall be addressed to the	73997
persons specified in divisions (I)(1) and (2) of this section, as	73998
indicated in the department of health's records. If they are hand	73999
delivered, they shall be delivered to persons who would reasonably	74000
appear to the average prudent person to have authority to accept	74001
them.	74002

(J) If ownership of a home is assigned or transferred to a	74003
different person, the new owner is responsible and liable for	74004
compliance with any notice of proposed action or order issued	74005
under this section prior to the effective date of the assignment	74006
or transfer.	74007

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	74008
Revised Code:	74009

(A) "Home" means all of the following:

74010

(1) A home as defined in section 3721.01 of the Revised Code;

74011

(2) Any facility or part of a facility not defined as a home	74012
under section 3721.01 of the Revised Code that is ~~certified as~~ a	74013
skilled nursing facility ~~under Title XVIII of the "Social Security~~	74014
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	74015
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	74016
5165.01 of the Revised Code;	74017

(3) A county home or district home operated pursuant to	74018
Chapter 5155. of the Revised Code.	74019

(B) "Resident" means a resident or a patient of a home.

74020

74021

(1) With respect to a home as defined in section 3721.01 of	74022
the Revised Code, a nursing home administrator as defined in	74023
section 4751.01 of the Revised Code;	74024

(2) With respect to a facility or part of a facility not	74025
defined as a home in section 3721.01 of the Revised Code that is	74026
authorized to provide skilled nursing facility or nursing facility	74027
services, the administrator of the facility or part of a facility;	74028

(3) With respect to a county home or district home, the	74029
superintendent appointed under Chapter 5155. of the Revised Code.	74030

(D) "Sponsor" means an adult relative, friend, or guardian of	74031
a resident who has an interest or responsibility in the resident's	74032
welfare.	74033

(E) "Residents' rights advocate" means:

74034

(1) An employee or representative of any state or local	74035
government entity that has a responsibility regarding residents	74036
and that has registered with the department of health under	74037
division (B) of section 3701.07 of the Revised Code;	74038

(2) An employee or representative of any private nonprofit	74039
corporation or association that qualifies for tax-exempt status	74040
under section 501(a) of the "Internal Revenue Code of 1986," 100	74041
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	74042
with the department of health under division (B) of section	74043
3701.07 of the Revised Code and whose purposes include educating	74044
and counseling residents, assisting residents in resolving	74045
problems and complaints concerning their care and treatment, and	74046
assisting them in securing adequate services to meet their needs;	74047

(3) A member of the general assembly.

74048

(F) "Physical restraint" means, but is not limited to, any	74049
article, device, or garment that interferes with the free movement	74050
of the resident and that the resident is unable to remove easily,	74051
a geriatric chair, or a locked room door.	74052

(G) "Chemical restraint" means any medication bearing the	74053
American hospital formulary service therapeutic class ~~4.00~~4:00,	74054
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	74055
central nervous system in a manner that limits physical and	74056
cognitive functioning to the degree that the resident cannot	74057
attain the resident's highest practicable physical, mental, and	74058
psychosocial well-being.	74059

(H) "Ancillary service" means, but is not limited to,	74060
podiatry, dental, hearing, vision, physical therapy, occupational	74061
therapy, speech therapy, and psychological and social services.	74062

(I) "Facility" means a facility, or part of a facility,	74063
certified as a nursing facility or skilled nursing facility ~~under~~	74064
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	74065
defined in section 5165.01 of the Revised Code." "Facility" does	74066
not include an intermediate care facility for ~~the mentally~~	74067
~~retarded~~individuals with intellectual disabilities, as defined in	74068
section ~~5111.20~~5124.01 of the Revised Code.	74069

~~(J) "Medicare" means the program established by Title XVIII~~	74070
~~of the "Social Security Act."~~	74071

~~(K) "Medicaid" means the program established by Title XIX of~~	74072
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	74073

Sec. 3721.12. (A) The administrator of a home shall:

74074

(1) With the advice of residents, their sponsors, or both,	74075
establish and review at least annually, written policies regarding	74076
the applicability and implementation of residents' rights under	74077
sections 3721.10 to 3721.17 of the Revised Code, the	74078
responsibilities of residents regarding the rights, and the home's	74079
grievance procedure established under division (A)(2) of this	74080
section. The administrator is responsible for the development of,	74081
and adherence to, procedures implementing the policies.	74082

(2) Establish a grievance committee for review of complaints	74083
by residents. The grievance committee shall be comprised of the	74084
home's staff and residents, sponsors, or outside representatives	74085
in a ratio of not more than one staff member to every two	74086
residents, sponsors, or outside representatives.	74087

(3) Furnish to each resident and sponsor prior to or at the	74088
time of admission, and to each member of the home's staff, at	74089
least one of each of the following:	74090

(a) A copy of the rights established under sections 3721.10	74091
to 3721.17 of the Revised Code;	74092

(b) A written explanation of the provisions of sections	74093
3721.16 to 3721.162 of the Revised Code;	74094

(c) A copy of the home's policies and procedures established	74095
under this section;	74096

(d) A copy of the home's rules;

74097

(e) A copy of the addresses and telephone numbers of the	74098
board of health of the health district of the county in which the	74099
home is located, the county department of job and family services	74100
of the county in which the home is located, the state departments	74101
of health and ~~job and family services~~medicaid, the state and	74102
local offices of the department of aging, and any Ohio nursing	74103
home ~~ombudsperson~~ombudsman program.	74104

(B) Written acknowledgment of the receipt of copies of the	74105
materials listed in this section shall be made part of the	74106
resident's record and the staff member's personnel record.	74107

(C) The administrator shall post all of the following	74108
prominently within the home:	74109

(1) A copy of the rights of residents as listed in division	74110
(A) of section 3721.13 of the Revised Code;	74111

(2) A copy of the home's rules and its policies and	74112
procedures regarding the rights and responsibilities of residents;	74113

(3) A notice that a copy of this chapter, rules of the	74114
department of health applicable to the home, and federal	74115
regulations adopted under the medicare and medicaid programs, and	74116
the materials required to be available in the home under section	74117
3721.021 of the Revised Code, are available for inspection in the	74118
home at reasonable hours;	74119

(4) A list of residents' rights advocates;

74120

(5) A notice that the following are available in a place	74121
readily accessible to residents:	74122

(a) If the home is licensed under section 3721.02 of the	74123
Revised Code, a copy of the most recent licensure inspection	74124
report prepared for the home under that section;	74125

(b) If the home is a facility, a copy of the most recent	74126
statement of deficiencies issued to the home under section ~~5111.42~~	74127
5165.68 of the Revised Code.	74128

(D) The administrator of a home may, with the advice of	74129
residents, their sponsors, or both, establish written policies	74130
regarding the applicability and administration of any additional	74131
residents' rights beyond those set forth in sections 3721.10 to	74132
3721.17 of the Revised Code, and the responsibilities of residents	74133
regarding the rights. Policies established under this division	74134
shall be reviewed, and procedures developed and adhered to as in	74135
division (A)(1) of this section.	74136

Sec. 3721.121. (A) As used in this section:

74137

(1) "Adult day-care program" means a program operated	74138
pursuant to rules adopted by the director of health under section	74139
3721.04 of the Revised Code and provided by and on the same site	74140
as homes licensed under this chapter.	74141

(2) "Applicant" means a person who is under final	74142
consideration for employment with a home or adult day-care program	74143
in a full-time, part-time, or temporary position that involves	74144
providing direct care to an older adult. "Applicant" does not	74145
include a person who provides direct care as a volunteer without	74146
receiving or expecting to receive any form of remuneration other	74147
than reimbursement for actual expenses.	74148

(3) "Community-based long-term care services provider" means	74149
a provider as defined in section 173.39 of the Revised Code.	74150

(4) "Criminal records check" has the same meaning as in	74151
section 109.572 of the Revised Code.	74152

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	74153
the Revised Code.	74154

~~(5)~~(6) "Older adult" means a person age sixty or older.

74155

(B)(1) Except as provided in division (I) of this section,	74156
the chief administrator of a home or adult day-care program shall	74157
request that the superintendent of the bureau of criminal	74158
identification and investigation conduct a criminal records check	74159
of each applicant. If an applicant for whom a criminal records	74160
check request is required under this division does not present	74161
proof of having been a resident of this state for the five-year	74162
period immediately prior to the date the criminal records check is	74163
requested or provide evidence that within that five-year period	74164
the superintendent has requested information about the applicant	74165
from the federal bureau of investigation in a criminal records	74166
check, the chief administrator shall request that the	74167
superintendent obtain information from the federal bureau of	74168
investigation as part of the criminal records check of the	74169
applicant. Even if an applicant for whom a criminal records check	74170
request is required under this division presents proof of having	74171
been a resident of this state for the five-year period, the chief	74172
administrator may request that the superintendent include	74173
information from the federal bureau of investigation in the	74174
criminal records check.	74175

(2) A person required by division (B)(1) of this section to	74176
request a criminal records check shall do both of the following:	74177

(a) Provide to each applicant for whom a criminal records	74178
check request is required under that division a copy of the form	74179
prescribed pursuant to division (C)(1) of section 109.572 of the	74180
Revised Code and a standard fingerprint impression sheet	74181
prescribed pursuant to division (C)(2) of that section, and obtain	74182
the completed form and impression sheet from the applicant;	74183

(b) Forward the completed form and impression sheet to the	74184
superintendent of the bureau of criminal identification and	74185
investigation.	74186

(3) An applicant provided the form and fingerprint impression	74187
sheet under division (B)(2)(a) of this section who fails to	74188
complete the form or provide fingerprint impressions shall not be	74189
employed in any position for which a criminal records check is	74190
required by this section.	74191

(C)(1) Except as provided in rules adopted by the director of	74192
health in accordance with division (F) of this section and subject	74193
to division (C)(2) of this section, no home or adult day-care	74194
program shall employ a person in a position that involves	74195
providing direct care to an older adult if the person has been	74196
convicted of or pleaded guilty to any of the following:	74197

(a) A violation of section 2903.01, 2903.02, 2903.03,	74198
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	74199
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	74200
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	74201
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	74202
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	74203
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	74204
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	74205
2925.22, 2925.23, or 3716.11 of the Revised Code.	74206

(b) A violation of an existing or former law of this state,	74207
any other state, or the United States that is substantially	74208
equivalent to any of the offenses listed in division (C)(1)(a) of	74209
this section.	74210

(2)(a) A home or an adult day-care program may employ	74211
conditionally an applicant for whom a criminal records check	74212
request is required under division (B) of this section prior to	74213
obtaining the results of a criminal records check regarding the	74214
individual, provided that the home or program shall request a	74215
criminal records check regarding the individual in accordance with	74216
division (B)(1) of this section not later than five business days	74217
after the individual begins conditional employment. In the	74218
circumstances described in division (I)(2) of this section, a home	74219
or adult day-care program may employ conditionally an applicant	74220
who has been referred to the home or adult day-care program by an	74221
employment service that supplies full-time, part-time, or	74222
temporary staff for positions involving the direct care of older	74223
adults and for whom, pursuant to that division, a criminal records	74224
check is not required under division (B) of this section.	74225

(b) A home or adult day-care program that employs an	74226
individual conditionally under authority of division (C)(2)(a) of	74227
this section shall terminate the individual's employment if the	74228
results of the criminal records check requested under division (B)	74229
of this section or described in division (I)(2) of this section,	74230
other than the results of any request for information from the	74231
federal bureau of investigation, are not obtained within the	74232
period ending thirty days after the date the request is made.	74233
Regardless of when the results of the criminal records check are	74234
obtained, if the results indicate that the individual has been	74235
convicted of or pleaded guilty to any of the offenses listed or	74236
described in division (C)(1) of this section, the home or program	74237
shall terminate the individual's employment unless the home or	74238
program chooses to employ the individual pursuant to division (F)	74239
of this section. Termination of employment under this division	74240
shall be considered just cause for discharge for purposes of	74241
division (D)(2) of section 4141.29 of the Revised Code if the	74242
individual makes any attempt to deceive the home or program about	74243
the individual's criminal record.	74244

(D)(1) Each home or adult day-care program shall pay to the	74245
bureau of criminal identification and investigation the fee	74246
prescribed pursuant to division (C)(3) of section 109.572 of the	74247
Revised Code for each criminal records check conducted pursuant to	74248
a request made under division (B) of this section.	74249

(2) A home or adult day-care program may charge an applicant	74250
a fee not exceeding the amount the home or program pays under	74251
division (D)(1) of this section. A home or program may collect a	74252
fee only if both of the following apply:	74253

(a) The home or program notifies the person at the time of	74254
initial application for employment of the amount of the fee and	74255
that, unless the fee is paid, the person will not be considered	74256
for employment;	74257

(b) The ~~medical assistance~~medicaid program ~~established under~~	74258
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	74259
program the fee it pays under division (D)(1) of this section.	74260

(E) The report of any criminal records check conducted	74261
pursuant to a request made under this section is not a public	74262
record for the purposes of section 149.43 of the Revised Code and	74263
shall not be made available to any person other than the	74264
following:	74265

(1) The individual who is the subject of the criminal records	74266
check or the individual's representative;	74267

(2) The chief administrator of the home or program requesting	74268
the criminal records check or the administrator's representative;	74269

(3) The administrator of any other facility, agency, or	74270
program that provides direct care to older adults that is owned or	74271
operated by the same entity that owns or operates the home or	74272
program;	74273

(4) A court, hearing officer, or other necessary individual	74274
involved in a case dealing with a denial of employment of the	74275
applicant or dealing with employment or unemployment benefits of	74276
the applicant;	74277

(5) Any person to whom the report is provided pursuant to,	74278
and in accordance with, division (I)(1) or (2) of this section;	74279

(6) The board of nursing for purposes of accepting and	74280
processing an application for a medication aide certificate issued	74281
under Chapter 4723. of the Revised Code;	74282

(7) The director of aging or the director's designee if the	74283
criminal records check is requested by the chief administrator of	74284
a home that is also a community-based long-term care services	74285
provider.	74286

(F) In accordance with section 3721.11 of the Revised Code,	74287
the director of health shall adopt rules to implement this	74288
section. The rules shall specify circumstances under which a home	74289
or adult day-care program may employ a person who has been	74290
convicted of or pleaded guilty to an offense listed or described	74291
in division (C)(1) of this section but meets personal character	74292
standards set by the director.	74293

(G) The chief administrator of a home or adult day-care	74294
program shall inform each individual, at the time of initial	74295
application for a position that involves providing direct care to	74296
an older adult, that the individual is required to provide a set	74297
of fingerprint impressions and that a criminal records check is	74298
required to be conducted if the individual comes under final	74299
consideration for employment.	74300

(H) In a tort or other civil action for damages that is	74301
brought as the result of an injury, death, or loss to person or	74302
property caused by an individual who a home or adult day-care	74303
program employs in a position that involves providing direct care	74304
to older adults, all of the following shall apply:	74305

(1) If the home or program employed the individual in good	74306
faith and reasonable reliance on the report of a criminal records	74307
check requested under this section, the home or program shall not	74308
be found negligent solely because of its reliance on the report,	74309
even if the information in the report is determined later to have	74310
been incomplete or inaccurate;	74311

(2) If the home or program employed the individual in good	74312
faith on a conditional basis pursuant to division (C)(2) of this	74313
section, the home or program shall not be found negligent solely	74314
because it employed the individual prior to receiving the report	74315
of a criminal records check requested under this section;	74316

(3) If the home or program in good faith employed the	74317
individual according to the personal character standards	74318
established in rules adopted under division (F) of this section,	74319
the home or program shall not be found negligent solely because	74320
the individual prior to being employed had been convicted of or	74321
pleaded guilty to an offense listed or described in division	74322
(C)(1) of this section.	74323

(I)(1) The chief administrator of a home or adult day-care	74324
program is not required to request that the superintendent of the	74325
bureau of criminal identification and investigation conduct a	74326
criminal records check of an applicant if the applicant has been	74327
referred to the home or program by an employment service that	74328
supplies full-time, part-time, or temporary staff for positions	74329
involving the direct care of older adults and both of the	74330
following apply:	74331

(a) The chief administrator receives from the employment	74332
service or the applicant a report of the results of a criminal	74333
records check regarding the applicant that has been conducted by	74334
the superintendent within the one-year period immediately	74335
preceding the applicant's referral;	74336

(b) The report of the criminal records check demonstrates	74337
that the person has not been convicted of or pleaded guilty to an	74338
offense listed or described in division (C)(1) of this section, or	74339
the report demonstrates that the person has been convicted of or	74340
pleaded guilty to one or more of those offenses, but the home or	74341
adult day-care program chooses to employ the individual pursuant	74342
to division (F) of this section.	74343

(2) The chief administrator of a home or adult day-care	74344
program is not required to request that the superintendent of the	74345
bureau of criminal identification and investigation conduct a	74346
criminal records check of an applicant and may employ the	74347
applicant conditionally as described in this division, if the	74348
applicant has been referred to the home or program by an	74349
employment service that supplies full-time, part-time, or	74350
temporary staff for positions involving the direct care of older	74351
adults and if the chief administrator receives from the employment	74352
service or the applicant a letter from the employment service that	74353
is on the letterhead of the employment service, dated, and signed	74354
by a supervisor or another designated official of the employment	74355
service and that states that the employment service has requested	74356
the superintendent to conduct a criminal records check regarding	74357
the applicant, that the requested criminal records check will	74358
include a determination of whether the applicant has been	74359
convicted of or pleaded guilty to any offense listed or described	74360
in division (C)(1) of this section, that, as of the date set forth	74361
on the letter, the employment service had not received the results	74362
of the criminal records check, and that, when the employment	74363
service receives the results of the criminal records check, it	74364
promptly will send a copy of the results to the home or adult	74365
day-care program. If a home or adult day-care program employs an	74366
applicant conditionally in accordance with this division, the	74367
employment service, upon its receipt of the results of the	74368
criminal records check, promptly shall send a copy of the results	74369
to the home or adult day-care program, and division (C)(2)(b) of	74370
this section applies regarding the conditional employment.	74371

Sec. 3721.13. (A) The rights of residents of a home shall	74372
include, but are not limited to, the following:	74373

(1) The right to a safe and clean living environment pursuant	74374
to the medicare and medicaid programs and applicable state laws	74375
and rules adopted by the director of health;	74376

(2) The right to be free from physical, verbal, mental, and	74377
emotional abuse and to be treated at all times with courtesy,	74378
respect, and full recognition of dignity and individuality;	74379

(3) Upon admission and thereafter, the right to adequate and	74380
appropriate medical treatment and nursing care and to other	74381
ancillary services that comprise necessary and appropriate care	74382
consistent with the program for which the resident contracted.	74383
This care shall be provided without regard to considerations such	74384
as race, color, religion, national origin, age, or source of	74385
payment for care.	74386

(4) The right to have all reasonable requests and inquiries	74387
responded to promptly;	74388

(5) The right to have clothes and bed sheets changed as the	74389
need arises, to ensure the resident's comfort or sanitation;	74390

(6) The right to obtain from the home, upon request, the name	74391
and any specialty of any physician or other person responsible for	74392
the resident's care or for the coordination of care;	74393

(7) The right, upon request, to be assigned, within the	74394
capacity of the home to make the assignment, to the staff	74395
physician of the resident's choice, and the right, in accordance	74396
with the rules and written policies and procedures of the home, to	74397
select as the attending physician a physician who is not on the	74398
staff of the home. If the cost of a physician's services is to be	74399
met under a federally supported program, the physician shall meet	74400
the federal laws and regulations governing such services.	74401

(8) The right to participate in decisions that affect the	74402
resident's life, including the right to communicate with the	74403
physician and employees of the home in planning the resident's	74404
treatment or care and to obtain from the attending physician	74405
complete and current information concerning medical condition,	74406
prognosis, and treatment plan, in terms the resident can	74407
reasonably be expected to understand; the right of access to all	74408
information in the resident's medical record; and the right to	74409
give or withhold informed consent for treatment after the	74410
consequences of that choice have been carefully explained. When	74411
the attending physician finds that it is not medically advisable	74412
to give the information to the resident, the information shall be	74413
made available to the resident's sponsor on the resident's behalf,	74414
if the sponsor has a legal interest or is authorized by the	74415
resident to receive the information. The home is not liable for a	74416
violation of this division if the violation is found to be the	74417
result of an act or omission on the part of a physician selected	74418
by the resident who is not otherwise affiliated with the home.	74419

(9) The right to withhold payment for physician visitation if	74420
the physician did not visit the resident;	74421

(10) The right to confidential treatment of personal and	74422
medical records, and the right to approve or refuse the release of	74423
these records to any individual outside the home, except in case	74424
of transfer to another home, hospital, or health care system, as	74425
required by law or rule, or as required by a third-party payment	74426
contract;	74427

(11) The right to privacy during medical examination or	74428
treatment and in the care of personal or bodily needs;	74429

(12) The right to refuse, without jeopardizing access to	74430
appropriate medical care, to serve as a medical research subject;	74431

(13) The right to be free from physical or chemical	74432
restraints or prolonged isolation except to the minimum extent	74433
necessary to protect the resident from injury to self, others, or	74434
to property and except as authorized in writing by the attending	74435
physician for a specified and limited period of time and	74436
documented in the resident's medical record. Prior to authorizing	74437
the use of a physical or chemical restraint on any resident, the	74438
attending physician shall make a personal examination of the	74439
resident and an individualized determination of the need to use	74440
the restraint on that resident.	74441

Physical or chemical restraints or isolation may be used in	74442
an emergency situation without authorization of the attending	74443
physician only to protect the resident from injury to self or	74444
others. Use of the physical or chemical restraints or isolation	74445
shall not be continued for more than twelve hours after the onset	74446
of the emergency without personal examination and authorization by	74447
the attending physician. The attending physician or a staff	74448
physician may authorize continued use of physical or chemical	74449
restraints for a period not to exceed thirty days, and at the end	74450
of this period and any subsequent period may extend the	74451
authorization for an additional period of not more than thirty	74452
days. The use of physical or chemical restraints shall not be	74453
continued without a personal examination of the resident and the	74454
written authorization of the attending physician stating the	74455
reasons for continuing the restraint.	74456

If physical or chemical restraints are used under this	74457
division, the home shall ensure that the restrained resident	74458
receives a proper diet. In no event shall physical or chemical	74459
restraints or isolation be used for punishment, incentive, or	74460
convenience.	74461

(14) The right to the pharmacist of the resident's choice and	74462
the right to receive pharmaceutical supplies and services at	74463
reasonable prices not exceeding applicable and normally accepted	74464
prices for comparably packaged pharmaceutical supplies and	74465
services within the community;	74466

(15) The right to exercise all civil rights, unless the	74467
resident has been adjudicated incompetent pursuant to Chapter	74468
2111. of the Revised Code and has not been restored to legal	74469
capacity, as well as the right to the cooperation of the home's	74470
administrator in making arrangements for the exercise of the right	74471
to vote;	74472

(16) The right of access to opportunities that enable the	74473
resident, at the resident's own expense or at the expense of a	74474
third-party payer, to achieve the resident's fullest potential,	74475
including educational, vocational, social, recreational, and	74476
habilitation programs;	74477

(17) The right to consume a reasonable amount of alcoholic	74478
beverages at the resident's own expense, unless not medically	74479
advisable as documented in the resident's medical record by the	74480
attending physician or unless contradictory to written admission	74481
policies;	74482

(18) The right to use tobacco at the resident's own expense	74483
under the home's safety rules and under applicable laws and rules	74484
of the state, unless not medically advisable as documented in the	74485
resident's medical record by the attending physician or unless	74486
contradictory to written admission policies;	74487

(19) The right to retire and rise in accordance with the	74488
resident's reasonable requests, if the resident does not disturb	74489
others or the posted meal schedules and upon the home's request	74490
remains in a supervised area, unless not medically advisable as	74491
documented by the attending physician;	74492

(20) The right to observe religious obligations and	74493
participate in religious activities; the right to maintain	74494
individual and cultural identity; and the right to meet with and	74495
participate in activities of social and community groups at the	74496
resident's or the group's initiative;	74497

(21) The right upon reasonable request to private and	74498
unrestricted communications with the resident's family, social	74499
worker, and any other person, unless not medically advisable as	74500
documented in the resident's medical record by the attending	74501
physician, except that communications with public officials or	74502
with the resident's attorney or physician shall not be restricted.	74503
Private and unrestricted communications shall include, but are not	74504
limited to, the right to:	74505

(a) Receive, send, and mail sealed, unopened correspondence;

74506

(b) Reasonable access to a telephone for private	74507
communications;	74508

74509

(22) The right to assured privacy for visits by the spouse,	74510
or if both are residents of the same home, the right to share a	74511
room within the capacity of the home, unless not medically	74512
advisable as documented in the resident's medical record by the	74513
attending physician;	74514

(23) The right upon reasonable request to have room doors	74515
closed and to have them not opened without knocking, except in the	74516
case of an emergency or unless not medically advisable as	74517
documented in the resident's medical record by the attending	74518
physician;	74519

(24) The right to retain and use personal clothing and a	74520
reasonable amount of possessions, in a reasonably secure manner,	74521
unless to do so would infringe on the rights of other residents or	74522
would not be medically advisable as documented in the resident's	74523
medical record by the attending physician;	74524

(25) The right to be fully informed, prior to or at the time	74525
of admission and during the resident's stay, in writing, of the	74526
basic rate charged by the home, of services available in the home,	74527
and of any additional charges related to such services, including	74528
charges for services not covered under the medicare or medicaid	74529
program. The basic rate shall not be changed unless thirty days'	74530
notice is given to the resident or, if the resident is unable to	74531
understand this information, to the resident's sponsor.	74532

(26) The right of the resident and person paying for the care	74533
to examine and receive a bill at least monthly for the resident's	74534
care from the home that itemizes charges not included in the basic	74535
rates;	74536

(27)(a) The right to be free from financial exploitation;

74537

(b) The right to manage the resident's own personal financial	74538
affairs, or, if the resident has delegated this responsibility in	74539
writing to the home, to receive upon written request at least a	74540
quarterly accounting statement of financial transactions made on	74541
the resident's behalf. The statement shall include:	74542

(i) A complete record of all funds, personal property, or	74543
possessions of a resident from any source whatsoever, that have	74544
been deposited for safekeeping with the home for use by the	74545
resident or the resident's sponsor;	74546

(ii) A listing of all deposits and withdrawals transacted,	74547
which shall be substantiated by receipts which shall be available	74548
for inspection and copying by the resident or sponsor.	74549

(28) The right of the resident to be allowed unrestricted	74550
access to the resident's property on deposit at reasonable hours,	74551
unless requests for access to property on deposit are so	74552
persistent, continuous, and unreasonable that they constitute a	74553
nuisance;	74554

(29) The right to receive reasonable notice before the	74555
resident's room or roommate is changed, including an explanation	74556
of the reason for either change.	74557

(30) The right not to be transferred or discharged from the	74558
home unless the transfer is necessary because of one of the	74559
following:	74560

(a) The welfare and needs of the resident cannot be met in	74561
the home.	74562

(b) The resident's health has improved sufficiently so that	74563
the resident no longer needs the services provided by the home.	74564

74565

(d) The health of individuals in the home would otherwise be	74566
endangered.	74567

(e) The resident has failed, after reasonable and appropriate	74568
notice, to pay or to have the medicare or medicaid program pay on	74569
the resident's behalf, for the care provided by the home. A	74570
resident shall not be considered to have failed to have the	74571
resident's care paid for if the resident has applied for medicaid,	74572
unless both of the following are the case:	74573

(i) The resident's application, or a substantially similar	74574
previous application, has been denied ~~by the county department of~~	74575
~~job and family services~~.	74576

(ii) If the resident appealed the denial ~~pursuant to division~~	74577
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	74578
~~and family services has upheld~~ the denial was upheld.	74579

(f) The home's license has been revoked, the home is being	74580
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	74581
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	74582
home otherwise ceases to operate.	74583

(g) The resident is a recipient of medicaid, and the home's	74584
participation in the medicaid program is involuntarily terminated	74585
or denied.	74586

(h) The resident is a beneficiary under the medicare program,	74587
and the home's participation in the medicare program is	74588
involuntarily terminated or denied.	74589

(31) The right to voice grievances and recommend changes in	74590
policies and services to the home's staff, to employees of the	74591
department of health, or to other persons not associated with the	74592
operation of the home, of the resident's choice, free from	74593
restraint, interference, coercion, discrimination, or reprisal.	74594
This right includes access to a residents' rights advocate, and	74595
the right to be a member of, to be active in, and to associate	74596
with persons who are active in organizations of relatives and	74597
friends of nursing home residents and other organizations engaged	74598
in assisting residents.	74599

(32) The right to have any significant change in the	74600
resident's health status reported to the resident's sponsor. As	74601
soon as such a change is known to the home's staff, the home shall	74602
make a reasonable effort to notify the sponsor within twelve	74603
hours.	74604

(B) A sponsor may act on a resident's behalf to assure that	74605
the home does not deny the residents' rights under sections	74606
3721.10 to 3721.17 of the Revised Code.	74607

(C) Any attempted waiver of the rights listed in division (A)	74608
of this section is void.	74609

Sec. 3721.14. To assist in the implementation of the rights	74610
granted in division (A) of section 3721.13 of the Revised Code,	74611
each home shall provide:	74612

(A) Appropriate staff training to implement each resident's	74613
rights under division (A) of section 3721.13 of the Revised Code,	74614
including, but not limited to, explaining:	74615

(1) The resident's rights and the staff's responsibility in	74616
the implementation of the rights;	74617

(2) The staff's obligation to provide all residents who have	74618
similar needs with comparable service.	74619

(B) Arrangements for a resident's needed ancillary services;

74620

(C) Protected areas outside the home for residents to enjoy	74621
outdoor activity, within the capacity of the facility, consistent	74622
with applicable laws and rules;	74623

(D) Adequate indoor space, which need not be dedicated to	74624
that purpose, for families of residents to meet privately with	74625
families of other residents;	74626

(E) Access to the following persons to enter the home during	74627
reasonable hours, except where such access would interfere with	74628
resident care or the privacy of residents:	74629

(1) Employees of the department of health, department of	74630
~~mental health~~mental health and addiction services, department of	74631
developmental disabilities, department of aging, department of job	74632
and family services, and county departments of job and family	74633
services;	74634

(2) Prospective residents and their sponsors;

74635

(3) A resident's sponsors;

74636

(4) Residents' rights advocates;

74637

(5) A resident's attorney;

74638

(6) A minister, priest, rabbi, or other person ministering to	74639
a resident's religious needs.	74640

(F) In writing, a description of the home's grievance	74641
procedures.	74642

Sec. 3721.15. (A) Authorization from a resident or a sponsor	74643
with a power of attorney for a home to manage the resident's	74644
financial affairs shall be in writing and shall be attested to by	74645
a witness who is not connected in any manner whatsoever with the	74646
home or its administrator. The home shall maintain accounts	74647
pursuant to division (A)(27) of section 3721.13 of the Revised	74648
Code. Upon the resident's transfer, discharge, or death, the	74649
account shall be closed and a final accounting made. All remaining	74650
funds shall be returned to the resident or resident's sponsor,	74651
except in the case of death, when all remaining funds shall be	74652
transferred or used in accordance with section ~~5111.113~~5162.22 of	74653
the Revised Code.	74654

(B) A home that manages a resident's financial affairs shall	74655
deposit the resident's funds in excess of one ~~hundred~~thousand	74656
dollars, and may deposit the resident's funds that are one ~~hundred~~	74657
thousand dollars or less, in an interest-bearing account separate	74658
from any of the home's operating accounts. Interest earned on the	74659
resident's funds shall be credited to the resident's account. A	74660
resident's funds that are one ~~hundred~~thousand dollars or less and	74661
have not been deposited in an interest-bearing account may be	74662
deposited in a noninterest-bearing account or petty cash fund.	74663

(C) Each resident whose financial affairs are managed by a	74664
home shall be promptly notified by the home when the total of the	74665
amount of funds in the resident's accounts and the petty cash fund	74666
plus other nonexempt resources reaches two hundred dollars less	74667
than the maximum amount permitted a recipient of medicaid. The	74668
notice shall include an explanation of the potential effect on the	74669
resident's eligibility for medicaid if the amount in the	74670
resident's accounts and the petty cash fund, plus the value of	74671
other nonexempt resources, exceeds the maximum assets a medicaid	74672
recipient may retain.	74673

(D) Each home that manages the financial affairs of residents	74674
shall purchase a surety bond or otherwise provide assurance	74675
satisfactory to the director of health, or, in the case of a home	74676
that participates in the medicaid program, to the medicaid	74677
director ~~of job and family services~~, to assure the security of all	74678
residents' funds managed by the home.	74679

Sec. 3721.16. For each resident of a home, notice of a	74680
proposed transfer or discharge shall be in accordance with this	74681
section.	74682

(A)(1) The administrator of a home shall notify a resident in	74683
writing, and the resident's sponsor in writing by certified mail,	74684
return receipt requested, in advance of any proposed transfer or	74685
discharge from the home. The administrator shall send a copy of	74686
the notice to the state department of health. The notice shall be	74687
provided at least thirty days in advance of the proposed transfer	74688
or discharge, unless any of the following applies:	74689

(a) The resident's health has improved sufficiently to allow	74690
a more immediate discharge or transfer to a less skilled level of	74691
care;	74692

(b) The resident has resided in the home less than thirty	74693
days;	74694

(c) An emergency arises in which the safety of individuals in	74695
the home is endangered;	74696

(d) An emergency arises in which the health of individuals in	74697
the home would otherwise be endangered;	74698

(e) An emergency arises in which the resident's urgent	74699
medical needs necessitate a more immediate transfer or discharge.	74700

In any of the circumstances described in divisions (A)(1)(a)	74701
to (e) of this section, the notice shall be provided as many days	74702
in advance of the proposed transfer or discharge as is	74703
practicable.	74704

(2) The notice required under division (A)(1) of this section	74705
shall include all of the following:	74706

(a) The reasons for the proposed transfer or discharge;

74707

(b) The proposed date the resident is to be transferred or	74708
discharged;	74709

(c) Subject to division (A)(3) of this section, a proposed	74710
location to which the resident may relocate and a notice that the	74711
resident and resident's sponsor may choose another location to	74712
which the resident will relocate;	74713

(d) Notice of the right of the resident and the resident's	74714
sponsor to an impartial hearing at the home on the proposed	74715
transfer or discharge, and of the manner in which and the time	74716
within which the resident or sponsor may request a hearing	74717
pursuant to section 3721.161 of the Revised Code;	74718

(e) A statement that the resident will not be transferred or	74719
discharged before the date specified in the notice unless the home	74720
and the resident or, if the resident is not competent to make a	74721
decision, the home and the resident's sponsor, agree to an earlier	74722
date;	74723

(f) The address of the legal services office of the	74724
department of health;	74725

(g) The name, address, and telephone number of a	74726
representative of the state long-term care ~~ombudsperson~~ombudsman	74727
program and, if the resident or patient has a developmental	74728
disability or mental illness, the name, address, and telephone	74729
number of the Ohio protection and advocacy system.	74730

(3) The proposed location to which a resident may relocate as	74731
specified pursuant to division (A)(2)(c) of this section in the	74732
proposed transfer or discharge notice shall be capable of meeting	74733
the resident's health-care and safety needs. The proposed location	74734
for relocation need not have accepted the resident at the time the	74735
notice is issued to the resident and resident's sponsor.	74736

(B) No home shall transfer or discharge a resident before the	74737
date specified in the notice required by division (A) of this	74738
section unless the home and the resident or, if the resident is	74739
not competent to make a decision, the home and the resident's	74740
sponsor, agree to an earlier date.	74741

(C) Transfer or discharge actions shall be documented in the	74742
resident's medical record by the home if there is a medical basis	74743
for the action.	74744

(D) A resident or resident's sponsor may challenge a transfer	74745
or discharge by requesting an impartial hearing pursuant to	74746
section 3721.161 of the Revised Code, unless the transfer or	74747
discharge is required because of one of the following reasons:	74748

(1) The home's license has been revoked under this chapter;

74749

(2) The home is being closed pursuant to section 3721.08,	74750
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	74751
the Revised Code;	74752

(3) The resident is a recipient of medicaid and the home's	74753
participation in the medicaid program has been involuntarily	74754
terminated or denied by the federal government;	74755

(4) The resident is a beneficiary under the medicare program	74756
and the home's certification under the medicare program has been	74757
involuntarily terminated or denied by the federal government.	74758

(E) If a resident is transferred or discharged pursuant to	74759
this section, the home from which the resident is being	74760
transferred or discharged shall provide the resident with adequate	74761
preparation prior to the transfer or discharge to ensure a safe	74762
and orderly transfer or discharge from the home, and the home or	74763
alternative setting to which the resident is to be transferred or	74764
discharged shall have accepted the resident for transfer or	74765
discharge.	74766

(F) At the time of a transfer or discharge of a resident who	74767
is a recipient of medicaid from a home to a hospital or for	74768
therapeutic leave, the home shall provide notice in writing to the	74769
resident and in writing by certified mail, return receipt	74770
requested, to the resident's sponsor, specifying the number of	74771
days, if any, during which the resident will be permitted under	74772
the medicaid program to return and resume residence in the home	74773
and specifying the medicaid program's coverage of the days during	74774
which the resident is absent from the home. An individual who is	74775
absent from a home for more than the number of days specified in	74776
the notice and continues to require the services provided by the	74777
facility shall be given priority for the first available bed in a	74778
semi-private room.	74779

Sec. 3721.17. (A) Any resident who believes that the	74780
resident's rights under sections 3721.10 to 3721.17 of the Revised	74781
Code have been violated may file a grievance under procedures	74782
adopted pursuant to division (A)(2) of section 3721.12 of the	74783
Revised Code.	74784

When the grievance committee determines a violation of	74785
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	74786
shall notify the administrator of the home. If the violation	74787
cannot be corrected within ten days, or if ten days have elapsed	74788
without correction of the violation, the grievance committee shall	74789
refer the matter to the department of health.	74790

(B) Any person who believes that a resident's rights under	74791
sections 3721.10 to 3721.17 of the Revised Code have been violated	74792
may report or cause reports to be made of the information directly	74793
to the department of health. No person who files a report is	74794
liable for civil damages resulting from the report.	74795

(C)(1) Within thirty days of receiving a complaint under this	74796
section, the department of health shall investigate any complaint	74797
referred to it by a home's grievance committee and any complaint	74798
from any source that alleges that the home provided substantially	74799
less than adequate care or treatment, or substantially unsafe	74800
conditions, or, within seven days of receiving a complaint, refer	74801
it to the attorney general, if the attorney general agrees to	74802
investigate within thirty days.	74803

(2) Within thirty days of receiving a complaint under this	74804
section, the department of health may investigate any alleged	74805
violation of sections 3721.10 to 3721.17 of the Revised Code, or	74806
of rules, policies, or procedures adopted pursuant to those	74807
sections, not covered by division (C)(1) of this section, or it	74808
may, within seven days of receiving a complaint, refer the	74809
complaint to the grievance committee at the home where the alleged	74810
violation occurred, or to the attorney general if the attorney	74811
general agrees to investigate within thirty days.	74812

(D) If, after an investigation, the department of health	74813
finds probable cause to believe that a violation of sections	74814
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	74815
procedures adopted pursuant to those sections, has occurred at a	74816
home that is certified under the medicare or medicaid program, it	74817
shall cite one or more findings or deficiencies under sections	74818
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	74819
home is not so certified, the department shall hold an	74820
adjudicative hearing within thirty days under Chapter 119. of the	74821
Revised Code.	74822

(E) Upon a finding at an adjudicative hearing under division	74823
(D) of this section that a violation of sections 3721.10 to	74824
3721.17 of the Revised Code, or of rules, policies, or procedures	74825
adopted pursuant thereto, has occurred, the department of health	74826
shall make an order for compliance, set a reasonable time for	74827
compliance, and assess a fine pursuant to division (F) of this	74828
section. The fine shall be paid to the general revenue fund only	74829
if compliance with the order is not shown to have been made within	74830
the reasonable time set in the order. The department of health may	74831
issue an order prohibiting the continuation of any violation of	74832
sections 3721.10 to 3721.17 of the Revised Code.	74833

Findings at the hearings conducted under this section may be	74834
appealed pursuant to Chapter 119. of the Revised Code, except that	74835
an appeal may be made to the court of common pleas of the county	74836
in which the home is located.	74837

The department of health shall initiate proceedings in court	74838
to collect any fine assessed under this section that is unpaid	74839
thirty days after the violator's final appeal is exhausted.	74840

(F) Any home found, pursuant to an adjudication hearing under	74841
division (D) of this section, to have violated sections 3721.10 to	74842
3721.17 of the Revised Code, or rules, policies, or procedures	74843
adopted pursuant to those sections may be fined not less than one	74844
hundred nor more than five hundred dollars for a first offense.	74845
For each subsequent offense, the home may be fined not less than	74846
two hundred nor more than one thousand dollars.	74847

A violation of sections 3721.10 to 3721.17 of the Revised	74848
Code is a separate offense for each day of the violation and for	74849
each resident who claims the violation.	74850

(G) No home or employee of a home shall retaliate against any	74851
person who:	74852

(1) Exercises any right set forth in sections 3721.10 to	74853
3721.17 of the Revised Code, including, but not limited to, filing	74854
a complaint with the home's grievance committee or reporting an	74855
alleged violation to the department of health;	74856

(2) Appears as a witness in any hearing conducted under this	74857
section or section 3721.162 of the Revised Code;	74858

(3) Files a civil action alleging a violation of sections	74859
3721.10 to 3721.17 of the Revised Code, or notifies a county	74860
prosecuting attorney or the attorney general of a possible	74861
violation of sections 3721.10 to 3721.17 of the Revised Code.	74862

If, under the procedures outlined in this section, a home or	74863
its employee is found to have retaliated, the violator may be	74864
fined up to one thousand dollars.	74865

(H) When legal action is indicated, any evidence of criminal	74866
activity found in an investigation under division (C) of this	74867
section shall be given to the prosecuting attorney in the county	74868
in which the home is located for investigation.	74869

(I)(1)(a) Any resident whose rights under sections 3721.10 to	74870
3721.17 of the Revised Code are violated has a cause of action	74871
against any person or home committing the violation.	74872

(b) An action under division (I)(1)(a) of this section may be	74873
commenced by the resident or by the resident's legal guardian or	74874
other legally authorized representative on behalf of the resident	74875
or the resident's estate. If the resident or the resident's legal	74876
guardian or other legally authorized representative is unable to	74877
commence an action under that division on behalf of the resident,	74878
the following persons in the following order of priority have the	74879
right to and may commence an action under that division on behalf	74880
of the resident or the resident's estate:	74881

(i) The resident's spouse;

74882

(ii) The resident's parent or adult child;

74883

(iii) The resident's guardian if the resident is a minor	74884
child;	74885

(iv) The resident's brother or sister;

74886

(v) The resident's niece, nephew, aunt, or uncle.

74887

(c) Notwithstanding any law as to priority of persons	74888
entitled to commence an action, if more than one eligible person	74889
within the same level of priority seeks to commence an action on	74890
behalf of a resident or the resident's estate, the court shall	74891
determine, in the best interest of the resident or the resident's	74892
estate, the individual to commence the action. A court's	74893
determination under this division as to the person to commence an	74894
action on behalf of a resident or the resident's estate shall bar	74895
another person from commencing the action on behalf of the	74896
resident or the resident's estate.	74897

(d) The result of an action commenced pursuant to division	74898
(I)(1)(a) of this section by a person authorized under division	74899
(I)(1)(b) of this section shall bind the resident or the	74900
resident's estate that is the subject of the action.	74901

(e) A cause of action under division (I)(1)(a) of this	74902
section shall accrue, and the statute of limitations applicable to	74903
that cause of action shall begin to run, based upon the violation	74904
of a resident's rights under sections 3721.10 to 3721.17 of the	74905
Revised Code, regardless of the party commencing the action on	74906
behalf of the resident or the resident's estate as authorized	74907
under divisions (I)(1)(b) and (c) of this section.	74908

(2)(a) The plaintiff in an action filed under division (I)(1)	74909
of this section may obtain injunctive relief against the violation	74910
of the resident's rights. The plaintiff also may recover	74911
compensatory damages based upon a showing, by a preponderance of	74912
the evidence, that the violation of the resident's rights resulted	74913
from a negligent act or omission of the person or home and that	74914
the violation was the proximate cause of the resident's injury,	74915
death, or loss to person or property.	74916

(b) If compensatory damages are awarded for a violation of	74917
the resident's rights, section 2315.21 of the Revised Code shall	74918
apply to an award of punitive or exemplary damages for the	74919
violation.	74920

(c) The court, in a case in which only injunctive relief is	74921
granted, may award to the prevailing party reasonable attorney's	74922
fees limited to the work reasonably performed.	74923

(3) Division (I)(2) (b) of this section shall be considered	74924
to be purely remedial in operation and shall be applied in a	74925
remedial manner in any civil action in which this section is	74926
relevant, whether the action is pending in court or commenced on	74927
or after July 9, 1998.	74928

(4) Within thirty days after the filing of a complaint in an	74929
action for damages brought against a home under division (I)(1)(a)	74930
of this section by or on behalf of a resident or former resident	74931
of the home, the plaintiff or plaintiff's counsel shall send	74932
written notice of the filing of the complaint to the department of	74933
~~job and family services~~medicaid if the department has a right of	74934
recovery under section ~~5101.58~~5160.37 of the Revised Code against	74935
the liability of the home for the cost of ~~medical~~medicaid	74936
services ~~and care~~ arising out of injury, disease, or disability of	74937
the resident or former resident.	74938

Sec. 3721.19. (A) As used in this section:

74939

(1) "Home" and "residential care facility" have the same	74940
meanings as in section 3721.01 of the Revised Code;	74941

(2) "Provider agreement" has the same meaning as in section	74942
5165.01 of the Revised Code.	74943

(3) "Sponsor" and "residents' rights advocate" have the same	74944
meanings as in section 3721.10 of the Revised Code.	74945

A home licensed under this chapter that is not a party to a	74946
provider agreement~~, as defined in section 5111.20 of the Revised~~	74947
~~Code,~~ shall provide each prospective resident, before admission,	74948
with the following information, orally and in a separate written	74949
notice on which is printed in a conspicuous manner: "This home is	74950
not a participant in the ~~medical assistance~~medicaid program	74951
administered by the Ohio department of ~~job and family services~~	74952
medicaid. Consequently, you may be discharged from this home if	74953
you are unable to pay for the services provided by this home."	74954

If the prospective resident has a sponsor whose identity is	74955
made known to the home, the home shall also inform the sponsor,	74956
before admission of the resident, of the home's status relative to	74957
the ~~medical assistance~~medicaid program. Written acknowledgement	74958
of the receipt of the information shall be provided by the	74959
resident and, if the prospective resident has a sponsor who has	74960
been identified to the home, by the sponsor. The written	74961
acknowledgement shall be made part of the resident's record by the	74962
home.	74963

No home shall terminate its ~~status as a~~ provider ~~under the~~	74964
~~medicaid program~~agreement unless it has complied with section	74965
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	74966
prior to such termination, provided written notice to the	74967
residents of the home and their sponsors of such action. This	74968
requirement shall not apply in cases where the department of ~~job~~	74969
~~and family services~~medicaid terminates a home's provider	74970
agreement or provider status.	74971

(B) A home licensed under this chapter as a residential care	74972
facility shall provide notice to each prospective resident or the	74973
individual's sponsor of the services offered by the facility and	74974
the types of skilled nursing care that the facility may provide. A	74975
residential care facility that, pursuant to section 3721.012 of	74976
the Revised Code, has a policy of entering into risk agreements	74977
with residents or their sponsors shall provide each prospective	74978
resident or the individual's sponsor a written explanation of the	74979
policy and the provisions that may be contained in a risk	74980
agreement. At the time the information is provided, the facility	74981
shall obtain a statement signed by the individual receiving the	74982
information acknowledging that the individual received the	74983
information. The facility shall maintain on file the individual's	74984
signed statement.	74985

(C) A resident has a cause of action against a home for	74986
breach of any duty imposed by this section. The action may be	74987
commenced by the resident, or on the resident's behalf by the	74988
resident's sponsor or a residents' rights advocate, by the filing	74989
of a civil action in the court of common pleas of the county in	74990
which the home is located, or in the court of common pleas of	74991
Franklin county.	74992

If the court finds that a breach of any duty imposed by this	74993
section has occurred, the court shall enjoin the home from	74994
discharging the resident from the home until arrangements	74995
satisfactory to the court are made for the orderly transfer of the	74996
resident to another mode of health care including, but not limited	74997
to, another home, and may award the resident and a person or	74998
public agency that brings an action on behalf of a resident	74999
reasonable attorney's fees. If a home discharges a resident to	75000
whom or to whose sponsor information concerning its status	75001
relative to the ~~medical assistance~~medicaid program was not	75002
provided as required under this section, the court shall grant any	75003
appropriate relief including, but not limited to, actual damages,	75004
reasonable attorney's fees, and costs.	75005

Sec. 3727.01. (A) As used in this section, "health	75006
maintenance organization" means a public or private organization	75007
organized under the law of any state that is qualified under	75008
section 1310(d) of Title XIII of the "Public Health Service Act,"	75009
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	75010
following:	75011

(1) Provides or otherwise makes available to enrolled	75012
participants health care services including at least the following	75013
basic health care services: usual physician services,	75014
hospitalization, laboratory, x-ray, emergency and preventive	75015
service, and out-of-area coverage;	75016

(2) Is compensated, except for copayments, for the provision	75017
of basic health care services to enrolled participants by a	75018
payment that is paid on a periodic basis without regard to the	75019
date the health care services are provided and that is fixed	75020
without regard to the frequency, extent, or kind of health service	75021
actually provided;	75022

(3) Provides physician services primarily in either of the	75023
following ways:	75024

(a) Directly through physicians who are either employees or	75025
partners of the organization;	75026

(b) Through arrangements with individual physicians or one or	75027
more groups of physicians organized on a group-practice or	75028
individual-practice basis.	75029

(B) As used in this chapter:

75030

(1) "Children's hospital" means any of the following:

75031

(a) A hospital registered under section 3701.07 of the	75032
Revised Code that provides general pediatric medical and surgical	75033
care, and in which at least seventy-five per cent of annual	75034
inpatient discharges for the preceding two calendar years were	75035
individuals less than eighteen years of age;	75036

(b) A distinct portion of a hospital registered under section	75037
3701.07 of the Revised Code that provides general pediatric	75038
medical and surgical care, has a total of at least one hundred	75039
fifty registered pediatric special care and pediatric acute care	75040
beds, and in which at least seventy-five per cent of annual	75041
inpatient discharges for the preceding two calendar years were	75042
individuals less than eighteen years of age;	75043

(c) A distinct portion of a hospital, if the hospital is	75044
registered under section 3701.07 of the Revised Code as a	75045
children's hospital and the children's hospital meets all the	75046
requirements of division (B)(1)(a) of this section.	75047

(2) "Hospital" means an institution classified as a hospital	75048
under section 3701.07 of the Revised Code in which are provided to	75049
inpatients diagnostic, medical, surgical, obstetrical,	75050
psychiatric, or rehabilitation care for a continuous period longer	75051
than twenty-four hours or a hospital operated by a health	75052
maintenance organization. "Hospital" does not include a facility	75053
licensed under Chapter 3721. of the Revised Code, a health care	75054
facility operated by the department of ~~mental health~~mental health	75055
and addiction services or the department of developmental	75056
disabilities, a health maintenance organization that does not	75057
operate a hospital, the office of any private licensed health care	75058
professional, whether organized for individual or group practice,	75059
or a clinic that provides ambulatory patient services and where	75060
patients are not regularly admitted as inpatients. "Hospital" also	75061
does not include an institution for the sick that is operated	75062
exclusively for patients who use spiritual means for healing and	75063
for whom the acceptance of medical care is inconsistent with their	75064
religious beliefs, accredited by a national accrediting	75065
organization, exempt from federal income taxation under section	75066
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	75067
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	75068
care pursuant to the exemption in division (E) of section 4723.32	75069
of the Revised Code from the licensing requirements of Chapter	75070
4723. of the Revised Code.	75071

(3) "Joint commission" means the commission formerly known as	75072
the joint commission on accreditation of healthcare organizations	75073
or the joint commission on accreditation of hospitals.	75074

Sec. 3734.01. As used in this chapter:

75075

(A) "Board of health" means the board of health of a city or	75076
general health district or the authority having the duties of a	75077
board of health in any city as authorized by section 3709.05 of	75078
the Revised Code.	75079

(B) "Director" means the director of environmental	75080
protection.	75081

(C) "Health district" means a city or general health district	75082
as created by or under authority of Chapter 3709. of the Revised	75083
Code.	75084

(D) "Agency" means the environmental protection agency.

75085

(E) "Solid wastes" means such unwanted residual solid or	75086
semisolid material as results from industrial, commercial,	75087
agricultural, and community operations, excluding earth or	75088
material from construction, mining, or demolition operations, or	75089
other waste materials of the type that normally would be included	75090
in demolition debris, nontoxic fly ash and bottom ash, including	75091
at least ash that results from the combustion of coal and ash that	75092
results from the combustion of coal in combination with scrap	75093
tires where scrap tires comprise not more than fifty per cent of	75094
heat input in any month, spent nontoxic foundry sand, and slag and	75095
other substances that are not harmful or inimical to public	75096
health, and includes, but is not limited to, garbage, scrap tires,	75097
combustible and noncombustible material, street dirt, and debris.	75098
"Solid wastes" does not include any material that is an infectious	75099
waste or a hazardous waste.	75100

(F) "Disposal" means the discharge, deposit, injection,	75101
dumping, spilling, leaking, emitting, or placing of any solid	75102
wastes or hazardous waste into or on any land or ground or surface	75103
water or into the air, except if the disposition or placement	75104
constitutes storage or treatment or, if the solid wastes consist	75105
of scrap tires, the disposition or placement constitutes a	75106
beneficial use or occurs at a scrap tire recovery facility	75107
licensed under section 3734.81 of the Revised Code.	75108

(G) "Person" includes the state, any political subdivision	75109
and other state or local body, the United States and any agency or	75110
instrumentality thereof, and any legal entity defined as a person	75111
under section 1.59 of the Revised Code.	75112

(H) "Open burning" means the burning of solid wastes in an	75113
open area or burning of solid wastes in a type of chamber or	75114
vessel that is not approved or authorized in rules adopted by the	75115
director under section 3734.02 of the Revised Code or, if the	75116
solid wastes consist of scrap tires, in rules adopted under	75117
division (V) of this section or section 3734.73 of the Revised	75118
Code, or the burning of treated or untreated infectious wastes in	75119
an open area or in a type of chamber or vessel that is not	75120
approved in rules adopted by the director under section 3734.021	75121
of the Revised Code.	75122

(I) "Open dumping" means the depositing of solid wastes into	75123
a body or stream of water or onto the surface of the ground at a	75124
site that is not licensed as a solid waste facility under section	75125
3734.05 of the Revised Code or, if the solid wastes consist of	75126
scrap tires, as a scrap tire collection, storage, monocell,	75127
monofill, or recovery facility under section 3734.81 of the	75128
Revised Code; the depositing of solid wastes that consist of scrap	75129
tires onto the surface of the ground at a site or in a manner not	75130
specifically identified in divisions (C)(2) to (5), (7), or (10)	75131
of section 3734.85 of the Revised Code; the depositing of	75132
untreated infectious wastes into a body or stream of water or onto	75133
the surface of the ground; or the depositing of treated infectious	75134
wastes into a body or stream of water or onto the surface of the	75135
ground at a site that is not licensed as a solid waste facility	75136
under section 3734.05 of the Revised Code.	75137

(J) "Hazardous waste" means any waste or combination of	75138
wastes in solid, liquid, semisolid, or contained gaseous form that	75139
in the determination of the director, because of its quantity,	75140
concentration, or physical or chemical characteristics, may do	75141
either of the following:	75142

(1) Cause or significantly contribute to an increase in	75143
mortality or an increase in serious irreversible or incapacitating	75144
reversible illness;	75145

(2) Pose a substantial present or potential hazard to human	75146
health or safety or to the environment when improperly stored,	75147
treated, transported, disposed of, or otherwise managed.	75148

"Hazardous waste" includes any substance identified by	75149
regulation as hazardous waste under the "Resource Conservation and	75150
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75151
amended, and does not include any substance that is subject to the	75152
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	75153
amended.	75154

(K) "Treat" or "treatment," when used in connection with	75155
hazardous waste, means any method, technique, or process designed	75156
to change the physical, chemical, or biological characteristics or	75157
composition of any hazardous waste; to neutralize the waste; to	75158
recover energy or material resources from the waste; to render the	75159
waste nonhazardous or less hazardous, safer to transport, store,	75160
or dispose of, or amenable for recovery, storage, further	75161
treatment, or disposal; or to reduce the volume of the waste. When	75162
used in connection with infectious wastes, "treat" or "treatment"	75163
means any method, technique, or process that renders the wastes	75164
noninfectious so that it is no longer an infectious waste and is	75165
no longer an infectious substance as defined in applicable federal	75166
law, including, without limitation, steam sterilization and	75167
incineration, and, in the instance of wastes identified in	75168
division (R)(7) of this section, to substantially reduce or	75169
eliminate the potential for the wastes to cause lacerations or	75170
puncture wounds.	75171

(L) "Manifest" means the form used for identifying the	75172
quantity, composition, origin, routing, and destination of	75173
hazardous waste during its transportation from the point of	75174
generation to the point of disposal, treatment, or storage.	75175

(M) "Storage," when used in connection with hazardous waste,	75176
means the holding of hazardous waste for a temporary period in	75177
such a manner that it remains retrievable and substantially	75178
unchanged physically and chemically and, at the end of the period,	75179
is treated; disposed of; stored elsewhere; or reused, recycled, or	75180
reclaimed in a beneficial manner. When used in connection with	75181
solid wastes that consist of scrap tires, "storage" means the	75182
holding of scrap tires for a temporary period in such a manner	75183
that they remain retrievable and, at the end of that period, are	75184
beneficially used; stored elsewhere; placed in a scrap tire	75185
monocell or monofill facility licensed under section 3734.81 of	75186
the Revised Code; processed at a scrap tire recovery facility	75187
licensed under that section or a solid waste incineration or	75188
energy recovery facility subject to regulation under this chapter;	75189
or transported to a scrap tire monocell, monofill, or recovery	75190
facility, any other solid waste facility authorized to dispose of	75191
scrap tires, or a facility that will beneficially use the scrap	75192
tires, that is located in another state and is operating in	75193
compliance with the laws of the state in which the facility is	75194
located.	75195

(N) "Facility" means any site, location, tract of land,	75196
installation, or building used for incineration, composting,	75197
sanitary landfilling, or other methods of disposal of solid wastes	75198
or, if the solid wastes consist of scrap tires, for the	75199
collection, storage, or processing of the solid wastes; for the	75200
transfer of solid wastes; for the treatment of infectious wastes;	75201
or for the storage, treatment, or disposal of hazardous waste.	75202

(O) "Closure" means the time at which a hazardous waste	75203
facility will no longer accept hazardous waste for treatment,	75204
storage, or disposal, the time at which a solid waste facility	75205
will no longer accept solid wastes for transfer or disposal or, if	75206
the solid wastes consist of scrap tires, for storage or	75207
processing, or the effective date of an order revoking the permit	75208
for a hazardous waste facility or the registration certificate,	75209
permit, or license for a solid waste facility, as applicable.	75210
"Closure" includes measures performed to protect public health or	75211
safety, to prevent air or water pollution, or to make the facility	75212
suitable for other uses, if any, including, but not limited to,	75213
the removal of processing residues resulting from solid wastes	75214
that consist of scrap tires; the establishment and maintenance of	75215
a suitable cover of soil and vegetation over cells in which	75216
hazardous waste or solid wastes are buried; minimization of	75217
erosion, the infiltration of surface water into such cells, the	75218
production of leachate, and the accumulation and runoff of	75219
contaminated surface water; the final construction of facilities	75220
for the collection and treatment of leachate and contaminated	75221
surface water runoff, except as otherwise provided in this	75222
division; the final construction of air and water quality	75223
monitoring facilities, except as otherwise provided in this	75224
division; the final construction of methane gas extraction and	75225
treatment systems; or the removal and proper disposal of hazardous	75226
waste or solid wastes from a facility when necessary to protect	75227
public health or safety or to abate or prevent air or water	75228
pollution. With regard to a solid waste facility that is a scrap	75229
tire facility, "closure" includes the final construction of	75230
facilities for the collection and treatment of leachate and	75231
contaminated surface water runoff and the final construction of	75232
air and water quality monitoring facilities only if those actions	75233
are determined to be necessary.	75234

(P) "Premises" means either of the following:

75235

(1) Geographically contiguous property owned by a generator;

75236

(2) Noncontiguous property that is owned by a generator and	75237
connected by a right-of-way that the generator controls and to	75238
which the public does not have access. Two or more pieces of	75239
property that are geographically contiguous and divided by public	75240
or private right-of-way or rights-of-way are a single premises.	75241

(Q) "Post-closure" means that period of time following	75242
closure during which a hazardous waste facility is required to be	75243
monitored and maintained under this chapter and rules adopted	75244
under it, including, without limitation, operation and maintenance	75245
of methane gas extraction and treatment systems, or the period of	75246
time after closure during which a scrap tire monocell or monofill	75247
facility licensed under section 3734.81 of the Revised Code is	75248
required to be monitored and maintained under this chapter and	75249
rules adopted under it.	75250

(R) "Infectious wastes" means any wastes or combination of	75251
wastes that include cultures and stocks of infectious agents and	75252
associated biologicals, human blood and blood products, and	75253
substances that were or are likely to have been exposed to or	75254
contaminated with or are likely to transmit an infectious agent or	75255
zoonotic agent, including all of the following:	75256

(1) Laboratory wastes;

75257

(2) Pathological wastes;

75258

(3) Animal blood and blood products;

75259

(4) Animal carcasses and parts;

75260

(5) Waste materials from the rooms of humans, or the	75261
enclosures of animals, that have been isolated because of	75262
diagnosed communicable disease that are likely to transmit	75263
infectious agents. Such waste materials from the rooms of humans	75264
do not include any wastes of patients who have been placed on	75265
blood and body fluid precautions under the universal precaution	75266
system established by the centers for disease control in the	75267
public health service of the United States department of health	75268
and human services, except to the extent specific wastes generated	75269
under the universal precautions system have been identified as	75270
infectious wastes by rules adopted under division (R)(7) of this	75271
section.	75272

(6) Sharp wastes used in the treatment, diagnosis, or	75273
inoculation of human beings or animals;	75274

(7) Any other waste materials generated in the diagnosis,	75275
treatment, or immunization of human beings or animals, in research	75276
pertaining thereto, or in the production or testing of	75277
biologicals, that the director of health, by rules adopted in	75278
accordance with Chapter 119. of the Revised Code, identifies as	75279
infectious wastes after determining that the wastes present a	75280
substantial threat to human health when improperly managed because	75281
they are contaminated with, or are likely to be contaminated with,	75282
infectious agents.	75283

As used in this division, "blood products" does not include	75284
patient care waste such as bandages or disposable gowns that are	75285
lightly soiled with blood or other body fluids unless those wastes	75286
are soiled to the extent that the generator of the wastes	75287
determines that they should be managed as infectious wastes.	75288

(S) "Infectious agent" means a type of microorganism,	75289
pathogen, virus, or proteinaceous infectious particle that can	75290
cause or significantly contribute to disease in or death of human	75291
beings.	75292

(T) "Zoonotic agent" means a type of microorganism, pathogen,	75293
or virus that causes disease in vertebrate animals, is	75294
transmissible to human beings, and can cause or significantly	75295
contribute to disease in or death of human beings.	75296

(U) "Solid waste transfer facility" means any site, location,	75297
tract of land, installation, or building that is used or intended	75298
to be used primarily for the purpose of transferring solid wastes	75299
that were generated off the premises of the facility from vehicles	75300
or containers into other vehicles for transportation to a solid	75301
waste disposal facility. "Solid waste transfer facility" does not	75302
include any facility that consists solely of portable containers	75303
that have an aggregate volume of fifty cubic yards or less nor any	75304
facility where legitimate recycling activities are conducted.	75305

(V) "Beneficially use" means:

75306

(1) With regard to scrap tires, to use a scrap tire in a	75307
manner that results in a commodity for sale or exchange or in any	75308
other manner authorized as a beneficial use in rules adopted by	75309
the director in accordance with Chapter 119. of the Revised Code;	75310

(2) With regard to material from a horizontal well that has	75311
come in contact with a refined oil-based substance and that is not	75312
technologically enhanced naturally occurring radioactive material,	75313
to use the material in any manner authorized as a beneficial use	75314
in rules adopted by the director under section 3734.125 of the	75315
Revised Code.	75316

(W) "Commercial car," "commercial tractor," "farm machinery,"	75317
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	75318
the same meanings as in section 4501.01 of the Revised Code.	75319

(X) "Construction equipment" means road rollers, traction	75320
engines, power shovels, power cranes, and other equipment used in	75321
construction work, or in mining or producing or processing	75322
aggregates, and not designed for or used in general highway	75323
transportation.	75324

(Y) "Motor vehicle salvage dealer" has the same meaning as in	75325
section 4738.01 of the Revised Code.	75326

(Z) "Scrap tire" means an unwanted or discarded tire.

75327

(AA) "Scrap tire collection facility" means any facility that	75328
meets all of the following qualifications:	75329

(1) The facility is used for the receipt and storage of whole	75330
scrap tires from the public prior to their transportation to a	75331
scrap tire storage, monocell, monofill, or recovery facility	75332
licensed under section 3734.81 of the Revised Code; a solid waste	75333
incineration or energy recovery facility subject to regulation	75334
under this chapter; a premises within the state where the scrap	75335
tires will be beneficially used; or a scrap tire storage,	75336
monocell, monofill, or recovery facility, any other solid waste	75337
disposal facility authorized to dispose of scrap tires, or a	75338
facility that will beneficially use the scrap tires, that is	75339
located in another state, and that is operating in compliance with	75340
the laws of the state in which the facility is located.	75341

(2) The facility exclusively stores scrap tires in portable	75342
containers.	75343

(3) The aggregate storage of the portable containers in which	75344
the scrap tires are stored does not exceed five thousand cubic	75345
feet.	75346

(BB) "Scrap tire monocell facility" means an individual site	75347
within a solid waste landfill that is used exclusively for the	75348
environmentally sound storage or disposal of whole scrap tires or	75349
scrap tires that have been shredded, chipped, or otherwise	75350
mechanically processed.	75351

(CC) "Scrap tire monofill facility" means an engineered	75352
facility used or intended to be used exclusively for the storage	75353
or disposal of scrap tires, including at least facilities for the	75354
submergence of whole scrap tires in a body of water.	75355

(DD) "Scrap tire recovery facility" means any facility, or	75356
portion thereof, for the processing of scrap tires for the purpose	75357
of extracting or producing usable products, materials, or energy	75358
from the scrap tires through a controlled combustion process,	75359
mechanical process, or chemical process. "Scrap tire recovery	75360
facility" includes any facility that uses the controlled	75361
combustion of scrap tires in a manufacturing process to produce	75362
process heat or steam or any facility that produces usable heat or	75363
electric power through the controlled combustion of scrap tires in	75364
combination with another fuel, but does not include any solid	75365
waste incineration or energy recovery facility that is designed,	75366
constructed, and used for the primary purpose of incinerating	75367
mixed municipal solid wastes and that burns scrap tires in	75368
conjunction with mixed municipal solid wastes, or any tire	75369
retreading business, tire manufacturing finishing center, or tire	75370
adjustment center having on the premises of the business a single,	75371
covered scrap tire storage area at which not more than four	75372
thousand scrap tires are stored.	75373

(EE) "Scrap tire storage facility" means any facility where	75374
whole scrap tires are stored prior to their transportation to a	75375
scrap tire monocell, monofill, or recovery facility licensed under	75376
section 3734.81 of the Revised Code; a solid waste incineration or	75377
energy recovery facility subject to regulation under this chapter;	75378
a premises within the state where the scrap tires will be	75379
beneficially used; or a scrap tire storage, monocell, monofill, or	75380
recovery facility, any other solid waste disposal facility	75381
authorized to dispose of scrap tires, or a facility that will	75382
beneficially use the scrap tires, that is located in another	75383
state, and that is operating in compliance with the laws of the	75384
state in which the facility is located.	75385

(FF) "Used oil" means any oil that has been refined from	75386
crude oil, or any synthetic oil, that has been used and, as a	75387
result of that use, is contaminated by physical or chemical	75388
impurities. "Used oil" includes only those substances identified	75389
as used oil by the United States environmental protection agency	75390
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	75391
U.S.C.A. 6901a, as amended.	75392

(GG) "Accumulated speculatively" has the same meaning as in	75393
rules adopted by the director under section 3734.12 of the Revised	75394
Code.	75395

(HH) "Horizontal well" has the same meaning as in section	75396
1509.01 of the Revised Code.	75397

(II) "Technologically enhanced naturally occurring	75398
radioactive material" has the same meaning as in section 3748.01	75399
of the Revised Code.	75400

Sec. 3734.02. (A) The director of environmental protection,	75401
in accordance with Chapter 119. of the Revised Code, shall adopt	75402
and may amend, suspend, or rescind rules having uniform	75403
application throughout the state governing solid waste facilities	75404
and the inspections of and issuance of permits and licenses for	75405
all solid waste facilities in order to ensure that the facilities	75406
will be located, maintained, and operated, and will undergo	75407
closure and post-closure care, in a sanitary manner so as not to	75408
create a nuisance, cause or contribute to water pollution, create	75409
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	75410
257.3-8, as amended. The rules may include, without limitation,	75411
financial assurance requirements for closure and post-closure care	75412
and corrective action and requirements for taking corrective	75413
action in the event of the surface or subsurface discharge or	75414
migration of explosive gases or leachate from a solid waste	75415
facility, or of ground water contamination resulting from the	75416
transfer or disposal of solid wastes at a facility, beyond the	75417
boundaries of any area within a facility that is operating or is	75418
undergoing closure or post-closure care where solid wastes were	75419
disposed of or are being disposed of. The rules shall not concern	75420
or relate to personnel policies, salaries, wages, fringe benefits,	75421
or other conditions of employment of employees of persons owning	75422
or operating solid waste facilities. The director, in accordance	75423
with Chapter 119. of the Revised Code, shall adopt and may amend,	75424
suspend, or rescind rules governing the issuance, modification,	75425
revocation, suspension, or denial of variances from the director's	75426
solid waste rules, including, without limitation, rules adopted	75427
under this chapter governing the management of scrap tires.	75428

Variances shall be issued, modified, revoked, suspended, or	75429
rescinded in accordance with this division, rules adopted under	75430
it, and Chapter 3745. of the Revised Code. The director may order	75431
the person to whom a variance is issued to take such action within	75432
such time as the director may determine to be appropriate and	75433
reasonable to prevent the creation of a nuisance or a hazard to	75434
the public health or safety or the environment. Applications for	75435
variances shall contain such detail plans, specifications, and	75436
information regarding objectives, procedures, controls, and other	75437
pertinent data as the director may require. The director shall	75438
grant a variance only if the applicant demonstrates to the	75439
director's satisfaction that construction and operation of the	75440
solid waste facility in the manner allowed by the variance and any	75441
terms or conditions imposed as part of the variance will not	75442
create a nuisance or a hazard to the public health or safety or	75443
the environment. In granting any variance, the director shall	75444
state the specific provision or provisions whose terms are to be	75445
varied and also shall state specific terms or conditions imposed	75446
upon the applicant in place of the provision or provisions. The	75447
director may hold a public hearing on an application for a	75448
variance or renewal of a variance at a location in the county	75449
where the operations that are the subject of the application for	75450
the variance are conducted. The director shall give not less than	75451
twenty days' notice of the hearing to the applicant by certified	75452
mail or by another type of mail accompanied by a receipt and shall	75453
publish at least one notice of the hearing in a newspaper with	75454
general circulation in the county where the hearing is to be held.	75455
The director shall make available for public inspection at the	75456
principal office of the environmental protection agency a current	75457
list of pending applications for variances and a current schedule	75458
of pending variance hearings. The director shall make a complete	75459
stenographic record of testimony and other evidence submitted at	75460
the hearing. Within ten days after the hearing, the director shall	75461
make a written determination to issue, renew, or deny the variance	75462
and shall enter the determination and the basis for it into the	75463
record of the hearing. The director shall issue, renew, or deny an	75464
application for a variance or renewal of a variance within six	75465
months of the date upon which the director receives a complete	75466
application with all pertinent information and data required. No	75467
variance shall be issued, revoked, modified, or denied until the	75468
director has considered the relative interests of the applicant,	75469
other persons and property affected by the variance, and the	75470
general public. Any variance granted under this division shall be	75471
for a period specified by the director and may be renewed from	75472
time to time on such terms and for such periods as the director	75473
determines to be appropriate. No application shall be denied and	75474
no variance shall be revoked or modified without a written order	75475
stating the findings upon which the denial, revocation, or	75476
modification is based. A copy of the order shall be sent to the	75477
applicant or variance holder by certified mail or by another type	75478
of mail accompanied by a receipt.	75479

(B) The director shall prescribe and furnish the forms	75480
necessary to administer and enforce this chapter. The director may	75481
cooperate with and enter into agreements with other state, local,	75482
or federal agencies to carry out the purposes of this chapter. The	75483
director may exercise all incidental powers necessary to carry out	75484
the purposes of this chapter.	75485

The director may use moneys in the infectious waste	75486
management fund created in section 3734.021 of the Revised Code	75487
exclusively for administering and enforcing the provisions of this	75488
chapter governing the management of infectious wastes.	75489

(C) Except as provided in this division and divisions (N)(2)	75490
and (3) of this section, no person shall establish a new solid	75491
waste facility or infectious waste treatment facility, or modify	75492
an existing solid waste facility or infectious waste treatment	75493
facility, without submitting an application for a permit with	75494
accompanying detail plans, specifications, and information	75495
regarding the facility and method of operation and receiving a	75496
permit issued by the director, except that no permit shall be	75497
required under this division to install or operate a solid waste	75498
facility for sewage sludge treatment or disposal when the	75499
treatment or disposal is authorized by a current permit issued	75500
under Chapter 3704. or 6111. of the Revised Code.	75501

No person shall continue to operate a solid waste facility	75502
for which the director has denied a permit for which an	75503
application was required under division (A)(3) of section 3734.05	75504
of the Revised Code, or for which the director has disapproved	75505
plans and specifications required to be filed by an order issued	75506
under division (A)(5) of that section, after the date prescribed	75507
for commencement of closure of the facility in the order issued	75508
under division (A)(6) of section 3734.05 of the Revised Code	75509
denying the permit application or approval.	75510

On and after the effective date of the rules adopted under	75511
division (A) of this section and division (D) of section 3734.12	75512
of the Revised Code governing solid waste transfer facilities, no	75513
person shall establish a new, or modify an existing, solid waste	75514
transfer facility without first submitting an application for a	75515
permit with accompanying engineering detail plans, specifications,	75516
and information regarding the facility and its method of operation	75517
to the director and receiving a permit issued by the director.	75518

No person shall establish a new compost facility or continue	75519
to operate an existing compost facility that accepts exclusively	75520
source separated yard wastes without submitting a completed	75521
registration for the facility to the director in accordance with	75522
rules adopted under divisions (A) and (N)(3) of this section.	75523

This division does not apply to a generator of infectious	75524
wastes that does any of the following:	75525

(1) Treats, by methods, techniques, and practices established	75526
by rules adopted under division (B)(2)(a) of section 3734.021 of	75527
the Revised Code, any of the following:	75528

(a) Infectious wastes that are generated on any premises that	75529
are owned or operated by the generator;	75530

(b) Infectious wastes that are generated by a generator who	75531
has staff privileges at a hospital as defined in section 3727.01	75532
of the Revised Code;	75533

(c) Infectious wastes that are generated in providing care to	75534
a patient by an emergency medical services organization as defined	75535
in section 4765.01 of the Revised Code.	75536

(2) Holds a license or renewal of a license to operate a	75537
crematory facility issued under Chapter 4717. and a permit issued	75538
under Chapter 3704. of the Revised Code;	75539

(3) Treats or disposes of dead animals or parts thereof, or	75540
the blood of animals, and is subject to any of the following:	75541

(a) Inspection under the "Federal Meat Inspection Act," 81	75542
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	75543

(b) Chapter 918. of the Revised Code;

75544

75545

(D) Neither this chapter nor any rules adopted under it apply	75546
to single-family residential premises; to infectious wastes	75547
generated by individuals for purposes of their own care or	75548
treatment; to the temporary storage of solid wastes, other than	75549
scrap tires, prior to their collection for disposal; to the	75550
storage of one hundred or fewer scrap tires unless they are stored	75551
in such a manner that, in the judgment of the director or the	75552
board of health of the health district in which the scrap tires	75553
are stored, the storage causes a nuisance, a hazard to public	75554
health or safety, or a fire hazard; or to the collection of solid	75555
wastes, other than scrap tires, by a political subdivision or a	75556
person holding a franchise or license from a political subdivision	75557
of the state; to composting, as defined in section 1511.01 of the	75558
Revised Code, conducted in accordance with section 1511.022 of the	75559
Revised Code; or to any person who is licensed to transport raw	75560
rendering material to a compost facility pursuant to section	75561
953.23 of the Revised Code.	75562

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

75563

(a) "On-site facility" means a facility that stores, treats,	75564
or disposes of hazardous waste that is generated on the premises	75565
of the facility.	75566

(b) "Off-site facility" means a facility that stores, treats,	75567
or disposes of hazardous waste that is generated off the premises	75568
of the facility and includes such a facility that is also an	75569
on-site facility.	75570

75571

(i) An on-site facility that also receives hazardous waste	75572
from other premises owned by the same person who generates the	75573
waste on the facility premises;	75574

(ii) An off-site facility operated so that all of the	75575
hazardous waste it receives is generated on one or more premises	75576
owned by the person who owns the facility;	75577

(iii) An on-site facility that also receives hazardous waste	75578
that is transported uninterruptedly and directly to the facility	75579
through a pipeline from a generator who is not the owner of the	75580
facility.	75581

(2) Except as provided in division (E)(3) of this section, no	75582
person shall establish or operate a hazardous waste facility, or	75583
use a solid waste facility for the storage, treatment, or disposal	75584
of any hazardous waste, without a hazardous waste facility	75585
installation and operation permit issued in accordance with	75586
section 3734.05 of the Revised Code and subject to the payment of	75587
an application fee not to exceed one thousand five hundred	75588
dollars, payable upon application for a hazardous waste facility	75589
installation and operation permit and upon application for a	75590
renewal permit issued under division (H) of section 3734.05 of the	75591
Revised Code, to be credited to the hazardous waste facility	75592
management fund created in section 3734.18 of the Revised Code.	75593
The term of a hazardous waste facility installation and operation	75594
permit shall not exceed ten years.	75595

In addition to the application fee, there is hereby levied an	75596
annual permit fee to be paid by the permit holder upon the	75597
anniversaries of the date of issuance of the hazardous waste	75598
facility installation and operation permit and of any subsequent	75599
renewal permits and to be credited to the hazardous waste facility	75600
management fund. Annual permit fees totaling forty thousand	75601
dollars or more for any one facility may be paid on a quarterly	75602
basis with the first quarterly payment each year being due on the	75603
anniversary of the date of issuance of the hazardous waste	75604
facility installation and operation permit and of any subsequent	75605
renewal permits. The annual permit fee shall be determined for	75606
each permit holder by the director in accordance with the	75607
following schedule:	75608

TYPE OF BASIC			75609
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	75610
Storage facility using:			75611
Containers	On-site, off-site, and		75612
	satellite	$ 500	75613
Tanks	On-site, off-site, and		75614
	satellite	500	75615
Waste pile	On-site, off-site, and		75616
	satellite	3,000	75617
Surface impoundment	On-site and satellite	8,000	75618
	Off-site	10,000	75619
Disposal facility using:			75620
Deep well injection	On-site and satellite	15,000	75621
	Off-site	25,000	75622
Landfill	On-site and satellite	25,000	75623
	Off-site	40,000	75624
Land application	On-site and satellite	2,500	75625
	Off-site	5,000	75626
Surface impoundment	On-site and satellite	10,000	75627
	Off-site	20,000	75628
Treatment facility using:			75629
Tanks	On-site, off-site, and		75630
	satellite	700	75631
Surface impoundment	On-site and satellite	8,000	75632
	Off-site	10,000	75633
Incinerator	On-site and satellite	5,000	75634
	Off-site	10,000	75635
Other forms			75636
of treatment	On-site, off-site, and		75637
	satellite	1,000	75638

A hazardous waste disposal facility that disposes of	75639
hazardous waste by deep well injection and that pays the annual	75640
permit fee established in section 6111.046 of the Revised Code is	75641
not subject to the permit fee established in this division for	75642
disposal facilities using deep well injection unless the director	75643
determines that the facility is not in compliance with applicable	75644
requirements established under this chapter and rules adopted	75645
under it.	75646

In determining the annual permit fee required by this	75647
section, the director shall not require additional payments for	75648
multiple units of the same method of storage, treatment, or	75649
disposal or for individual units that are used for both storage	75650
and treatment. A facility using more than one method of storage,	75651
treatment, or disposal shall pay the permit fee indicated by the	75652
schedule for each such method.	75653

The director shall not require the payment of that portion of	75654
an annual permit fee of any permit holder that would apply to a	75655
hazardous waste management unit for which a permit has been	75656
issued, but for which construction has not yet commenced. Once	75657
construction has commenced, the director shall require the payment	75658
of a part of the appropriate fee indicated by the schedule that	75659
bears the same relationship to the total fee that the number of	75660
days remaining until the next anniversary date at which payment of	75661
the annual permit fee is due bears to three hundred sixty-five.	75662

The director, by rules adopted in accordance with Chapters	75663
119. and 3745. of the Revised Code, shall prescribe procedures for	75664
collecting the annual permit fee established by this division and	75665
may prescribe other requirements necessary to carry out this	75666
division.	75667

(3) The prohibition against establishing or operating a	75668
hazardous waste facility without a hazardous waste facility	75669
installation and operation permit does not apply to either of the	75670
following:	75671

(a) A facility that is operating in accordance with a permit	75672
renewal issued under division (H) of section 3734.05 of the	75673
Revised Code, a revision issued under division (I) of that section	75674
as it existed prior to August 20, 1996, or a modification issued	75675
by the director under division (I) of that section on and after	75676
August 20, 1996;	75677

(b) Except as provided in division (J) of section 3734.05 of	75678
the Revised Code, a facility that will operate or is operating in	75679
accordance with a permit by rule, or that is not subject to permit	75680
requirements, under rules adopted by the director. In accordance	75681
with Chapter 119. of the Revised Code, the director shall adopt,	75682
and subsequently may amend, suspend, or rescind, rules for the	75683
purposes of division (E)(3)(b) of this section. Any rules so	75684
adopted shall be consistent with and equivalent to regulations	75685
pertaining to interim status adopted under the "Resource	75686
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	75687
6921, as amended, except as otherwise provided in this chapter.	75688

If a modification is requested or proposed for a facility	75689
described in division (E)(3)(a) or (b) of this section, division	75690
(I)(7) of section 3734.05 of the Revised Code applies.	75691

(F) No person shall store, treat, or dispose of hazardous	75692
waste identified or listed under this chapter and rules adopted	75693
under it, regardless of whether generated on or off the premises	75694
where the waste is stored, treated, or disposed of, or transport	75695
or cause to be transported any hazardous waste identified or	75696
listed under this chapter and rules adopted under it to any other	75697
premises, except at or to any of the following:	75698

(1) A hazardous waste facility operating under a permit	75699
issued in accordance with this chapter;	75700

(2) A facility in another state operating under a license or	75701
permit issued in accordance with the "Resource Conservation and	75702
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75703
amended;	75704

(3) A facility in another nation operating in accordance with	75705
the laws of that nation;	75706

(4) A facility holding a permit issued pursuant to Title I of	75707
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	75708
Stat. 1052, 33 U.S.C.A. 1401, as amended;	75709

(5) A hazardous waste facility as described in division	75710
(E)(3)(a) or (b) of this section.	75711

(G) The director, by order, may exempt any person generating,	75712
collecting, storing, treating, disposing of, or transporting solid	75713
wastes, infectious wastes, or hazardous waste, or processing solid	75714
wastes that consist of scrap tires, in such quantities or under	75715
such circumstances that, in the determination of the director, are	75716
unlikely to adversely affect the public health or safety or the	75717
environment from any requirement to obtain a registration	75718
certificate, permit, or license or comply with the manifest system	75719
or other requirements of this chapter. Such an exemption shall be	75720
consistent with and equivalent to any regulations adopted by the	75721
administrator of the United States environmental protection agency	75722
under the "Resource Conservation and Recovery Act of 1976," 90	75723
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	75724
provided in this chapter.	75725

(H) No person shall engage in filling, grading, excavating,	75726
building, drilling, or mining on land where a hazardous waste	75727
facility, or a solid waste facility, was operated without prior	75728
authorization from the director, who shall establish the procedure	75729
for granting such authorization by rules adopted in accordance	75730
with Chapter 119. of the Revised Code.	75731

A public utility that has main or distribution lines above or	75732
below the land surface located on an easement or right-of-way	75733
across land where a solid waste facility was operated may engage	75734
in any such activity within the easement or right-of-way without	75735
prior authorization from the director for purposes of performing	75736
emergency repair or emergency replacement of its lines; of the	75737
poles, towers, foundations, or other structures supporting or	75738
sustaining any such lines; or of the appurtenances to those	75739
structures, necessary to restore or maintain existing public	75740
utility service. A public utility may enter upon any such easement	75741
or right-of-way without prior authorization from the director for	75742
purposes of performing necessary or routine maintenance of those	75743
portions of its existing lines; of the existing poles, towers,	75744
foundations, or other structures sustaining or supporting its	75745
lines; or of the appurtenances to any such supporting or	75746
sustaining structure, located on or above the land surface on any	75747
such easement or right-of-way. Within twenty-four hours after	75748
commencing any such emergency repair, replacement, or maintenance	75749
work, the public utility shall notify the director or the	75750
director's authorized representative of those activities and shall	75751
provide such information regarding those activities as the	75752
director or the director's representative may request. Upon	75753
completion of the emergency repair, replacement, or maintenance	75754
activities, the public utility shall restore any land of the solid	75755
waste facility disturbed by those activities to the condition	75756
existing prior to the commencement of those activities.	75757

(I) No owner or operator of a hazardous waste facility, in	75758
the operation of the facility, shall cause, permit, or allow the	75759
emission therefrom of any particulate matter, dust, fumes, gas,	75760
mist, smoke, vapor, or odorous substance that, in the opinion of	75761
the director, unreasonably interferes with the comfortable	75762
enjoyment of life or property by persons living or working in the	75763
vicinity of the facility, or that is injurious to public health.	75764
Any such action is hereby declared to be a public nuisance.	75765

(J) Notwithstanding any other provision of this chapter, in	75766
the event the director finds an imminent and substantial danger to	75767
public health or safety or the environment that creates an	75768
emergency situation requiring the immediate treatment, storage, or	75769
disposal of hazardous waste, the director may issue a temporary	75770
emergency permit to allow the treatment, storage, or disposal of	75771
the hazardous waste at a facility that is not otherwise authorized	75772
by a hazardous waste facility installation and operation permit to	75773
treat, store, or dispose of the waste. The emergency permit shall	75774
not exceed ninety days in duration and shall not be renewed. The	75775
director shall adopt, and may amend, suspend, or rescind, rules in	75776
accordance with Chapter 119. of the Revised Code governing the	75777
issuance, modification, revocation, and denial of emergency	75778
permits.	75779

(K) Except for infectious wastes generated by a person who	75780
produces fewer than fifty pounds of infectious wastes at a	75781
premises during any one month, no owner or operator of a sanitary	75782
landfill shall knowingly accept for disposal, or dispose of, any	75783
infectious wastes that have not been treated to render them	75784
noninfectious.	75785

(L) The director, in accordance with Chapter 119. of the	75786
Revised Code, shall adopt, and may amend, suspend, or rescind,	75787
rules having uniform application throughout the state establishing	75788
a training and certification program that shall be required for	75789
employees of boards of health who are responsible for enforcing	75790
the solid waste and infectious waste provisions of this chapter	75791
and rules adopted under them and for persons who are responsible	75792
for the operation of solid waste facilities or infectious waste	75793
treatment facilities. The rules shall provide all of the	75794
following, without limitation:	75795

(1) The program shall be administered by the director and	75796
shall consist of a course on new solid waste and infectious waste	75797
technologies, enforcement procedures, and rules;	75798

(2) The course shall be offered on an annual basis;

75799

(3) Those persons who are required to take the course under	75800
division (L) of this section shall do so triennially;	75801

(4) Persons who successfully complete the course shall be	75802
certified by the director;	75803

(5) Certification shall be required for all employees of	75804
boards of health who are responsible for enforcing the solid waste	75805
or infectious waste provisions of this chapter and rules adopted	75806
under them and for all persons who are responsible for the	75807
operation of solid waste facilities or infectious waste treatment	75808
facilities;	75809

(6)(a) All employees of a board of health who, on the	75810
effective date of the rules adopted under this division, are	75811
responsible for enforcing the solid waste or infectious waste	75812
provisions of this chapter and the rules adopted under them shall	75813
complete the course and be certified by the director not later	75814
than January 1, 1995;	75815

(b) All employees of a board of health who, after the	75816
effective date of the rules adopted under division (L) of this	75817
section, become responsible for enforcing the solid waste or	75818
infectious waste provisions of this chapter and rules adopted	75819
under them and who do not hold a current and valid certification	75820
from the director at that time shall complete the course and be	75821
certified by the director within two years after becoming	75822
responsible for performing those activities.	75823

No person shall fail to obtain the certification required	75824
under this division.	75825

(M) The director shall not issue a permit under section	75826
3734.05 of the Revised Code to establish a solid waste facility,	75827
or to modify a solid waste facility operating on December 21,	75828
1988, in a manner that expands the disposal capacity or geographic	75829
area covered by the facility, that is or is to be located within	75830
the boundaries of a state park established or dedicated under	75831
Chapter 1541. of the Revised Code, a state park purchase area	75832
established under section 1541.02 of the Revised Code, any unit of	75833
the national park system, or any property that lies within the	75834
boundaries of a national park or recreation area, but that has not	75835
been acquired or is not administered by the secretary of the	75836
United States department of the interior, located in this state,	75837
or any candidate area located in this state and identified for	75838
potential inclusion in the national park system in the edition of	75839
the "national park system plan" submitted under paragraph (b) of	75840
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	75841
U.S.C.A. 1a-5, as amended, current at the time of filing of the	75842
application for the permit, unless the facility or proposed	75843
facility is or is to be used exclusively for the disposal of solid	75844
wastes generated within the park or recreation area and the	75845
director determines that the facility or proposed facility will	75846
not degrade any of the natural or cultural resources of the park	75847
or recreation area. The director shall not issue a variance under	75848
division (A) of this section and rules adopted under it, or issue	75849
an exemption order under division (G) of this section, that would	75850
authorize any such establishment or expansion of a solid waste	75851
facility within the boundaries of any such park or recreation	75852
area, state park purchase area, or candidate area, other than a	75853
solid waste facility exclusively for the disposal of solid wastes	75854
generated within the park or recreation area when the director	75855
determines that the facility will not degrade any of the natural	75856
or cultural resources of the park or recreation area.	75857

(N)(1) The rules adopted under division (A) of this section,	75858
other than those governing variances, do not apply to scrap tire	75859
collection, storage, monocell, monofill, and recovery facilities.	75860
Those facilities are subject to and governed by rules adopted	75861
under sections 3734.70 to 3734.73 of the Revised Code, as	75862
applicable.	75863

(2) Division (C) of this section does not apply to scrap tire	75864
collection, storage, monocell, monofill, and recovery facilities.	75865
The establishment and modification of those facilities are subject	75866
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	75867
Code, as applicable.	75868

(3) The director may adopt, amend, suspend, or rescind rules	75869
under division (A) of this section creating an alternative system	75870
for authorizing the establishment, operation, or modification of a	75871
solid waste compost facility in lieu of the requirement that a	75872
person seeking to establish, operate, or modify a solid waste	75873
compost facility apply for and receive a permit under division (C)	75874
of this section and section 3734.05 of the Revised Code and a	75875
license under division (A)(1) of that section. The rules may	75876
include requirements governing, without limitation, the	75877
classification of solid waste compost facilities, the submittal of	75878
operating records for solid waste compost facilities, and the	75879
creation of a registration or notification system in lieu of the	75880
issuance of permits and licenses for solid waste compost	75881
facilities. The rules shall specify the applicability of divisions	75882
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	75883
Code to a solid waste compost facility.	75884

(O)(1) As used in this division, "secondary aluminum waste"	75885
means waste material or byproducts, when disposed of, containing	75886
aluminum generated from secondary aluminum smelting operations and	75887
consisting of dross, salt cake, baghouse dust associated with	75888
aluminum recycling furnace operations, or dry-milled wastes.	75889

(2) The owner or operator of a sanitary landfill shall not	75890
dispose of municipal solid waste that has been commingled with	75891
secondary aluminum waste.	75892

(3) The owner or operator of a sanitary landfill may dispose	75893
of secondary aluminum waste, but only in a monocell or monofill	75894
that has been permitted for that purpose in accordance with this	75895
chapter and rules adopted under it.	75896

(P)(1) As used in divisions (P) and (Q) of this section:

75897

(a) "Natural background" means two picocuries per gram or the	75898
actual number of picocuries per gram as measured at an individual	75899
solid waste facility, subject to verification by the director of	75900
health.	75901

(b) "Drilling operation" includes a production operation as	75902
defined in section 1509.01 of the Revised Code.	75903

(2) The owner or operator of a solid waste facility shall not	75904
accept for transfer or disposal technologically enhanced naturally	75905
occurring radioactive material if that material contains or is	75906
contaminated with radium-226, radium-228, or any combination of	75907
radium-226 and radium-228 at concentrations equal to or greater	75908
than five picocuries per gram above natural background.	75909

(3) The owner or operator of a solid waste facility may	75910
receive and process for purposes other than transfer or disposal	75911
technologically enhanced naturally occurring radioactive material	75912
that contains or is contaminated with radium-226, radium-228, or	75913
any combination of radium-226 and radium-228 at concentrations	75914
equal to or greater than five picocuries per gram above natural	75915
background, provided that the owner or operator has obtained and	75916
maintains all other necessary authorizations, including any	75917
authorization required by rules adopted by the director of health	75918
under section 3748.04 of the Revised Code.	75919

(4) The director of environmental protection may adopt rules	75920
in accordance with Chapter 119. of the Revised Code governing the	75921
receipt, acceptance, processing, handling, management, and	75922
disposal by solid waste facilities of material that contains or is	75923
contaminated with radioactive material, including, without	75924
limitation, technologically enhanced naturally occurring	75925
radioactive material that contains or is contaminated with	75926
radium-226, radium-228, or any combination of radium-226 and	75927
radium-228 at concentrations less than five picocuries per gram	75928
above natural background. Rules adopted by the director may	75929
include at a minimum both of the following:	75930

(a) Requirements in accordance with which the owner or	75931
operator of a solid waste facility must monitor leachate and	75932
ground water for radium-226, radium-228, and other radionuclides;	75933

(b) Requirements in accordance with which the owner or	75934
operator of a solid waste facility must develop procedures to	75935
ensure that technologically enhanced naturally occurring	75936
radioactive material accepted at the facility neither contains nor	75937
is contaminated with radium-226, radium-228, or any combination of	75938
radium-226 and radium-228 at concentrations equal to or greater	75939
than five picocuries per gram above natural background.	75940

(Q) Notwithstanding any other provision of this section, the	75941
owner or operator of a solid waste facility shall not receive,	75942
accept, process, handle, manage, or dispose of technologically	75943
enhanced naturally occurring radioactive material associated with	75944
drilling operations without first obtaining representative	75945
analytical results to determine compliance with divisions (P)(2)	75946
and (3) of this section and rules adopted under it.	75947

Sec. 3734.125. The director of environmental protection may	75948
adopt rules in accordance with Chapter 119. of the Revised Code	75949
establishing requirements governing the beneficial use of material	75950
from a horizontal well that has come in contact with a refined	75951
oil-based substance and that is not technologically enhanced	75952
naturally occurring radioactive material.	75953

Sec. 3734.28. Except as otherwise provided in sections	75954
3734.281 and 3734.282 of the Revised Code, moneys collected under	75955
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	75956
of the Revised Code and under the "Comprehensive Environmental	75957
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	75958
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	75959
under division (B)(1) of this section, shall be paid into the	75960
state treasury to the credit of the hazardous waste clean-up fund,	75961
which is hereby created. In addition, both of the following shall	75962
be credited to the fund:	75963

(A) Moneys recovered for costs paid from the fund for	75964
activities described in divisions (A)(1) and (2) of section	75965
3745.12 of the Revised Code;	75966

(B) Natural resource damage assessment costs recovered under	75967
any of the following:	75968

(1) The "Comprehensive Environmental Response, Compensation,	75969
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	75970
seq., as amended;	75971

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	75972
2701, et seq., as amended;	75973

(3) The ~~Federal Water Pollution Control Act as defined in~~	75974
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	75975
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	75976

(4) Any other applicable federal or state law.

75977

The environmental protection agency shall use the moneys in	75978
the fund for the purposes set forth in division (D) of section	75979
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	75980
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	75981
and Chapter 3746. of the Revised Code, including any related	75982
enforcement expenses and administrative expenses of any related	75983
closure or corrective action program. In addition, the agency	75984
shall use the moneys in the fund to pay the state's long-term	75985
operation and maintenance costs or matching share for actions	75986
taken under the "Comprehensive Environmental Response,	75987
Compensation, and Liability Act of 1980," as amended. If those	75988
moneys are reimbursed by grants or other moneys from the United	75989
States or any other person, the moneys shall be placed in the fund	75990
and not in the general revenue fund.	75991

The director of environmental protection may enter into	75992
contracts and grant agreements with federal, state, or local	75993
government agencies, nonprofit organizations, and colleges and	75994
universities for the purpose of carrying out the responsibilities	75995
of the environmental protection agency for which money may be	75996
expended from the fund.	75997

Sec. 3734.57. (A) The following fees are hereby levied on	75998
the transfer or disposal of solid wastes in this state:	75999

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	76000
thirty per cent of the proceeds of which shall be deposited in the	76001
state treasury to the credit of the hazardous waste facility	76002
management fund created in section 3734.18 of the Revised Code and	76003
~~one-half~~seventy per cent of the proceeds of which shall be	76004
deposited in the state treasury to the credit of the hazardous	76005
waste clean-up fund created in section 3734.28 of the Revised	76006
Code;	76007

(2) An additional one dollar per ton through June 30, ~~2014~~	76008
2016, the proceeds of which shall be deposited in the state	76009
treasury to the credit of the solid waste fund, which is hereby	76010
created. The environmental protection agency shall use money in	76011
the solid waste fund to pay the costs of administering and	76012
enforcing the laws pertaining to solid wastes, infectious wastes,	76013
and construction and demolition debris, including, without	76014
limitation, ground water evaluations related to solid wastes,	76015
infectious wastes, and construction and demolition debris, under	76016
this chapter and Chapter 3714. of the Revised Code and any rules	76017
adopted under them, providing compliance assistance to small	76018
businesses, and paying a share of the administrative costs of the	76019
environmental protection agency pursuant to section 3745.014 of	76020
the Revised Code.	76021

(3) An additional two dollars and fifty cents per ton through	76022
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	76023
the state treasury to the credit of the environmental protection	76024
fund created in section 3745.015 of the Revised Code;	76025

(4) An additional twenty-five cents per ton through June 30,	76026
~~2013~~2016, the proceeds of which shall be deposited in the state	76027
treasury to the credit of the soil and water conservation district	76028
assistance fund created in section 1515.14 of the Revised Code.	76029

In the case of solid wastes that are taken to a solid waste	76030
transfer facility located in this state prior to being transported	76031
for disposal at a solid waste disposal facility located in this	76032
state or outside of this state, the fees levied under this	76033
division shall be collected by the owner or operator of the	76034
transfer facility as a trustee for the state. The amount of fees	76035
required to be collected under this division at such a transfer	76036
facility shall equal the total tonnage of solid wastes received at	76037
the facility multiplied by the fees levied under this division. In	76038
the case of solid wastes that are not taken to a solid waste	76039
transfer facility located in this state prior to being transported	76040
to a solid waste disposal facility, the fees shall be collected by	76041
the owner or operator of the solid waste disposal facility as a	76042
trustee for the state. The amount of fees required to be collected	76043
under this division at such a disposal facility shall equal the	76044
total tonnage of solid wastes received at the facility that was	76045
not previously taken to a solid waste transfer facility located in	76046
this state multiplied by the fees levied under this division. Fees	76047
levied under this division do not apply to materials separated	76048
from a mixed waste stream for recycling by a generator or	76049
materials removed from the solid waste stream through recycling,	76050
as "recycling" is defined in rules adopted under section 3734.02	76051
of the Revised Code.	76052

The owner or operator of a solid waste transfer facility or	76053
disposal facility, as applicable, shall prepare and file with the	76054
director of environmental protection each month a return	76055
indicating the total tonnage of solid wastes received at the	76056
facility during that month and the total amount of the fees	76057
required to be collected under this division during that month. In	76058
addition, the owner or operator of a solid waste disposal facility	76059
shall indicate on the return the total tonnage of solid wastes	76060
received from transfer facilities located in this state during	76061
that month for which the fees were required to be collected by the	76062
transfer facilities. The monthly returns shall be filed on a form	76063
prescribed by the director. Not later than thirty days after the	76064
last day of the month to which a return applies, the owner or	76065
operator shall mail to the director the return for that month	76066
together with the fees required to be collected under this	76067
division during that month as indicated on the return or may	76068
submit the return and fees electronically in a manner approved by	76069
the director. If the return is filed and the amount of the fees	76070
due is paid in a timely manner as required in this division, the	76071
owner or operator may retain a discount of three-fourths of one	76072
per cent of the total amount of the fees that are required to be	76073
paid as indicated on the return.	76074

The owner or operator may request an extension of not more	76075
than thirty days for filing the return and remitting the fees,	76076
provided that the owner or operator has submitted such a request	76077
in writing to the director together with a detailed description of	76078
why the extension is requested, the director has received the	76079
request not later than the day on which the return is required to	76080
be filed, and the director has approved the request. If the fees	76081
are not remitted within thirty days after the last day of the	76082
month to which the return applies or are not remitted by the last	76083
day of an extension approved by the director, the owner or	76084
operator shall not retain the three-fourths of one per cent	76085
discount and shall pay an additional ten per cent of the amount of	76086
the fees for each month that they are late. For purposes of	76087
calculating the late fee, the first month in which fees are late	76088
begins on the first day after the deadline has passed for timely	76089
submitting the return and fees, and one additional month shall be	76090
counted every thirty days thereafter.	76091

The owner or operator of a solid waste facility may request a	76092
refund or credit of fees levied under this division and remitted	76093
to the director that have not been paid to the owner or operator.	76094
Such a request shall be made only if the fees have not been	76095
collected by the owner or operator, have become a debt that has	76096
become worthless or uncollectable for a period of six months or	76097
more, and may be claimed as a deduction, including a deduction	76098
claimed if the owner or operator keeps accounts on an accrual	76099
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	76100
U.S.C. 166, as amended, and regulations adopted under it. Prior to	76101
making a request for a refund or credit, an owner or operator	76102
shall make reasonable efforts to collect the applicable fees. A	76103
request for a refund or credit shall not include any costs	76104
resulting from those efforts to collect unpaid fees.	76105

A request for a refund or credit of fees shall be made in	76106
writing, on a form prescribed by the director, and shall be	76107
supported by evidence that may be required in rules adopted by the	76108
director under this chapter. After reviewing the request, and if	76109
the request and evidence submitted with the request indicate that	76110
a refund or credit is warranted, the director shall grant a refund	76111
to the owner or operator or shall permit a credit to be taken by	76112
the owner or operator on a subsequent monthly return submitted by	76113
the owner or operator. The amount of a refund or credit shall not	76114
exceed an amount that is equal to ninety days' worth of fees owed	76115
to an owner or operator by a particular debtor of the owner or	76116
operator. A refund or credit shall not be granted by the director	76117
to an owner or operator more than once in any twelve-month period	76118
for fees owed to the owner or operator by a particular debtor.	76119

If, after receiving a refund or credit from the director, an	76120
owner or operator receives payment of all or part of the fees, the	76121
owner or operator shall remit the fees with the next monthly	76122
return submitted to the director together with a written	76123
explanation of the reason for the submittal.	76124

For purposes of computing the fees levied under this division	76125
or division (B) of this section, any solid waste transfer or	76126
disposal facility that does not use scales as a means of	76127
determining gate receipts shall use a conversion factor of three	76128
cubic yards per ton of solid waste or one cubic yard per ton for	76129
baled waste, as applicable.	76130

The fees levied under this division and divisions (B) and (C)	76131
of this section are in addition to all other applicable fees and	76132
taxes and shall be paid by the customer or a political subdivision	76133
to the owner or operator of a solid waste transfer or disposal	76134
facility. In the alternative, the fees shall be paid by a customer	76135
or political subdivision to a transporter of waste who	76136
subsequently transfers the fees to the owner or operator of such a	76137
facility. The fees shall be paid notwithstanding the existence of	76138
any provision in a contract that the customer or a political	76139
subdivision may have with the owner or operator or with a	76140
transporter of waste to the facility that would not require or	76141
allow such payment regardless of whether the contract was entered	76142
prior to or after October 16, 2009. For those purposes, "customer"	76143
means a person who contracts with, or utilizes the solid waste	76144
services of, the owner or operator of a solid waste transfer or	76145
disposal facility or a transporter of solid waste to such a	76146
facility.	76147

(B) For the purposes specified in division (G) of this	76148
section, the solid waste management policy committee of a county	76149
or joint solid waste management district may levy fees upon the	76150
following activities:	76151

(1) The disposal at a solid waste disposal facility located	76152
in the district of solid wastes generated within the district;	76153

(2) The disposal at a solid waste disposal facility within	76154
the district of solid wastes generated outside the boundaries of	76155
the district, but inside this state;	76156

(3) The disposal at a solid waste disposal facility within	76157
the district of solid wastes generated outside the boundaries of	76158
this state.	76159

The solid waste management plan of the county or joint	76160
district approved under section 3734.521 or 3734.55 of the Revised	76161
Code and any amendments to it, or the resolution adopted under	76162
this division, as appropriate, shall establish the rates of the	76163
fees levied under divisions (B)(1), (2), and (3) of this section,	76164
if any, and shall specify whether the fees are levied on the basis	76165
of tons or cubic yards as the unit of measurement. A solid waste	76166
management district that levies fees under this division on the	76167
basis of cubic yards shall do so in accordance with division (A)	76168
of this section.	76169

The fee levied under division (B)(1) of this section shall be	76170
not less than one dollar per ton nor more than two dollars per	76171
ton, the fee levied under division (B)(2) of this section shall be	76172
not less than two dollars per ton nor more than four dollars per	76173
ton, and the fee levied under division (B)(3) of this section	76174
shall be not more than the fee levied under division (B)(1) of	76175
this section.	76176

Prior to the approval of the solid waste management plan of a	76177
district under section 3734.55 of the Revised Code, the solid	76178
waste management policy committee of a district may levy fees	76179
under this division by adopting a resolution establishing the	76180
proposed amount of the fees. Upon adopting the resolution, the	76181
committee shall deliver a copy of the resolution to the board of	76182
county commissioners of each county forming the district and to	76183
the legislative authority of each municipal corporation and	76184
township under the jurisdiction of the district and shall prepare	76185
and publish the resolution and a notice of the time and location	76186
where a public hearing on the fees will be held. Upon adopting the	76187
resolution, the committee shall deliver written notice of the	76188
adoption of the resolution; of the amount of the proposed fees;	76189
and of the date, time, and location of the public hearing to the	76190
director and to the fifty industrial, commercial, or institutional	76191
generators of solid wastes within the district that generate the	76192
largest quantities of solid wastes, as determined by the	76193
committee, and to their local trade associations. The committee	76194
shall make good faith efforts to identify those generators within	76195
the district and their local trade associations, but the	76196
nonprovision of notice under this division to a particular	76197
generator or local trade association does not invalidate the	76198
proceedings under this division. The publication shall occur at	76199
least thirty days before the hearing. After the hearing, the	76200
committee may make such revisions to the proposed fees as it	76201
considers appropriate and thereafter, by resolution, shall adopt	76202
the revised fee schedule. Upon adopting the revised fee schedule,	76203
the committee shall deliver a copy of the resolution doing so to	76204
the board of county commissioners of each county forming the	76205
district and to the legislative authority of each municipal	76206
corporation and township under the jurisdiction of the district.	76207
Within sixty days after the delivery of a copy of the resolution	76208
adopting the proposed revised fees by the policy committee, each	76209
such board and legislative authority, by ordinance or resolution,	76210
shall approve or disapprove the revised fees and deliver a copy of	76211
the ordinance or resolution to the committee. If any such board or	76212
legislative authority fails to adopt and deliver to the policy	76213
committee an ordinance or resolution approving or disapproving the	76214
revised fees within sixty days after the policy committee	76215
delivered its resolution adopting the proposed revised fees, it	76216
shall be conclusively presumed that the board or legislative	76217
authority has approved the proposed revised fees. The committee	76218
shall determine if the resolution has been ratified in the same	76219
manner in which it determines if a draft solid waste management	76220
plan has been ratified under division (B) of section 3734.55 of	76221
the Revised Code.	76222

The committee may amend the schedule of fees levied pursuant	76223
to a resolution adopted and ratified under this division by	76224
adopting a resolution establishing the proposed amount of the	76225
amended fees. The committee may repeal the fees levied pursuant to	76226
such a resolution by adopting a resolution proposing to repeal	76227
them. Upon adopting such a resolution, the committee shall proceed	76228
to obtain ratification of the resolution in accordance with this	76229
division.	76230

Not later than fourteen days after declaring the new fees to	76231
be ratified or the fees to be repealed under this division, the	76232
committee shall notify by certified mail the owner or operator of	76233
each solid waste disposal facility that is required to collect the	76234
fees of the ratification and the amount of the fees or of the	76235
repeal of the fees. Collection of any fees shall commence or	76236
collection of repealed fees shall cease on the first day of the	76237
second month following the month in which notification is sent to	76238
the owner or operator.	76239

Fees levied under this division also may be established,	76240
amended, or repealed by a solid waste management policy committee	76241
through the adoption of a new district solid waste management	76242
plan, the adoption of an amended plan, or the amendment of the	76243
plan or amended plan in accordance with sections 3734.55 and	76244
3734.56 of the Revised Code or the adoption or amendment of a	76245
district plan in connection with a change in district composition	76246
under section 3734.521 of the Revised Code.	76247

Not later than fourteen days after the director issues an	76248
order approving a district's solid waste management plan, amended	76249
plan, or amendment to a plan or amended plan that establishes,	76250
amends, or repeals a schedule of fees levied by the district, the	76251
committee shall notify by certified mail the owner or operator of	76252
each solid waste disposal facility that is required to collect the	76253
fees of the approval of the plan or amended plan, or the amendment	76254
to the plan, as appropriate, and the amount of the fees, if any.	76255
In the case of an initial or amended plan approved under section	76256
3734.521 of the Revised Code in connection with a change in	76257
district composition, other than one involving the withdrawal of a	76258
county from a joint district, the committee, within fourteen days	76259
after the change takes effect pursuant to division (G) of that	76260
section, shall notify by certified mail the owner or operator of	76261
each solid waste disposal facility that is required to collect the	76262
fees that the change has taken effect and of the amount of the	76263
fees, if any. Collection of any fees shall commence or collection	76264
of repealed fees shall cease on the first day of the second month	76265
following the month in which notification is sent to the owner or	76266
operator.	76267

If, in the case of a change in district composition involving	76268
the withdrawal of a county from a joint district, the director	76269
completes the actions required under division (G)(1) or (3) of	76270
section 3734.521 of the Revised Code, as appropriate, forty-five	76271
days or more before the beginning of a calendar year, the policy	76272
committee of each of the districts resulting from the change that	76273
obtained the director's approval of an initial or amended plan in	76274
connection with the change, within fourteen days after the	76275
director's completion of the required actions, shall notify by	76276
certified mail the owner or operator of each solid waste disposal	76277
facility that is required to collect the district's fees that the	76278
change is to take effect on the first day of January immediately	76279
following the issuance of the notice and of the amount of the fees	76280
or amended fees levied under divisions (B)(1) to (3) of this	76281
section pursuant to the district's initial or amended plan as so	76282
approved or, if appropriate, the repeal of the district's fees by	76283
that initial or amended plan. Collection of any fees set forth in	76284
such a plan or amended plan shall commence on the first day of	76285
January immediately following the issuance of the notice. If such	76286
an initial or amended plan repeals a schedule of fees, collection	76287
of the fees shall cease on that first day of January.	76288

If, in the case of a change in district composition involving	76289
the withdrawal of a county from a joint district, the director	76290
completes the actions required under division (G)(1) or (3) of	76291
section 3734.521 of the Revised Code, as appropriate, less than	76292
forty-five days before the beginning of a calendar year, the	76293
director, on behalf of each of the districts resulting from the	76294
change that obtained the director's approval of an initial or	76295
amended plan in connection with the change proceedings, shall	76296
notify by certified mail the owner or operator of each solid waste	76297
disposal facility that is required to collect the district's fees	76298
that the change is to take effect on the first day of January	76299
immediately following the mailing of the notice and of the amount	76300
of the fees or amended fees levied under divisions (B)(1) to (3)	76301
of this section pursuant to the district's initial or amended plan	76302
as so approved or, if appropriate, the repeal of the district's	76303
fees by that initial or amended plan. Collection of any fees set	76304
forth in such a plan or amended plan shall commence on the first	76305
day of the second month following the month in which notification	76306
is sent to the owner or operator. If such an initial or amended	76307
plan repeals a schedule of fees, collection of the fees shall	76308
cease on the first day of the second month following the month in	76309
which notification is sent to the owner or operator.	76310

If the schedule of fees that a solid waste management	76311
district is levying under divisions (B)(1) to (3) of this section	76312
is amended or repealed, the fees in effect immediately prior to	76313
the amendment or repeal shall continue to be collected until	76314
collection of the amended fees commences or collection of the	76315
repealed fees ceases, as applicable, as specified in this	76316
division. In the case of a change in district composition, money	76317
so received from the collection of the fees of the former	76318
districts shall be divided among the resulting districts in	76319
accordance with division (B) of section 343.012 of the Revised	76320
Code and the agreements entered into under division (B) of section	76321
343.01 of the Revised Code to establish the former and resulting	76322
districts and any amendments to those agreements.	76323

For the purposes of the provisions of division (B) of this	76324
section establishing the times when newly established or amended	76325
fees levied by a district are required to commence and the	76326
collection of fees that have been amended or repealed is required	76327
to cease, "fees" or "schedule of fees" includes, in addition to	76328
fees levied under divisions (B)(1) to (3) of this section, those	76329
levied under section 3734.573 or 3734.574 of the Revised Code.	76330

(C) For the purposes of defraying the added costs to a	76331
municipal corporation or township of maintaining roads and other	76332
public facilities and of providing emergency and other public	76333
services, and compensating a municipal corporation or township for	76334
reductions in real property tax revenues due to reductions in real	76335
property valuations resulting from the location and operation of a	76336
solid waste disposal facility within the municipal corporation or	76337
township, a municipal corporation or township in which such a	76338
solid waste disposal facility is located may levy a fee of not	76339
more than twenty-five cents per ton on the disposal of solid	76340
wastes at a solid waste disposal facility located within the	76341
boundaries of the municipal corporation or township regardless of	76342
where the wastes were generated.	76343

The legislative authority of a municipal corporation or	76344
township may levy fees under this division by enacting an	76345
ordinance or adopting a resolution establishing the amount of the	76346
fees. Upon so doing the legislative authority shall mail a	76347
certified copy of the ordinance or resolution to the board of	76348
county commissioners or directors of the county or joint solid	76349
waste management district in which the municipal corporation or	76350
township is located or, if a regional solid waste management	76351
authority has been formed under section 343.011 of the Revised	76352
Code, to the board of trustees of that regional authority, the	76353
owner or operator of each solid waste disposal facility in the	76354
municipal corporation or township that is required to collect the	76355
fee by the ordinance or resolution, and the director of	76356
environmental protection. Although the fees levied under this	76357
division are levied on the basis of tons as the unit of	76358
measurement, the legislative authority, in its ordinance or	76359
resolution levying the fees under this division, may direct that	76360
the fees be levied on the basis of cubic yards as the unit of	76361
measurement based upon a conversion factor of three cubic yards	76362
per ton generally or one cubic yard per ton for baled wastes.	76363

Not later than five days after enacting an ordinance or	76364
adopting a resolution under this division, the legislative	76365
authority shall so notify by certified mail the owner or operator	76366
of each solid waste disposal facility that is required to collect	76367
the fee. Collection of any fee levied on or after March 24, 1992,	76368
shall commence on the first day of the second month following the	76369
month in which notification is sent to the owner or operator.	76370

(D)(1) The fees levied under divisions (A), (B), and (C) of	76371
this section do not apply to the disposal of solid wastes that:	76372

(a) Are disposed of at a facility owned by the generator of	76373
the wastes when the solid waste facility exclusively disposes of	76374
solid wastes generated at one or more premises owned by the	76375
generator regardless of whether the facility is located on a	76376
premises where the wastes are generated;	76377

(b) Are generated from the combustion of coal, or from the	76378
combustion of primarily coal, regardless of whether the disposal	76379
facility is located on the premises where the wastes are	76380
generated;	76381

(c) Are asbestos or asbestos-containing materials or products	76382
disposed of at a construction and demolition debris facility that	76383
is licensed under Chapter 3714. of the Revised Code or at a solid	76384
waste facility that is licensed under this chapter.	76385

(2) Except as provided in section 3734.571 of the Revised	76386
Code, any fees levied under division (B)(1) of this section apply	76387
to solid wastes originating outside the boundaries of a county or	76388
joint district that are covered by an agreement for the joint use	76389
of solid waste facilities entered into under section 343.02 of the	76390
Revised Code by the board of county commissioners or board of	76391
directors of the county or joint district where the wastes are	76392
generated and disposed of.	76393

(3) When solid wastes, other than solid wastes that consist	76394
of scrap tires, are burned in a disposal facility that is an	76395
incinerator or energy recovery facility, the fees levied under	76396
divisions (A), (B), and (C) of this section shall be levied upon	76397
the disposal of the fly ash and bottom ash remaining after burning	76398
of the solid wastes and shall be collected by the owner or	76399
operator of the sanitary landfill where the ash is disposed of.	76400

(4) When solid wastes are delivered to a solid waste transfer	76401
facility, the fees levied under divisions (B) and (C) of this	76402
section shall be levied upon the disposal of solid wastes	76403
transported off the premises of the transfer facility for disposal	76404
and shall be collected by the owner or operator of the solid waste	76405
disposal facility where the wastes are disposed of.	76406

(5) The fees levied under divisions (A), (B), and (C) of this	76407
section do not apply to sewage sludge that is generated by a waste	76408
water treatment facility holding a national pollutant discharge	76409
elimination system permit and that is disposed of through	76410
incineration, land application, or composting or at another	76411
resource recovery or disposal facility that is not a landfill.	76412

(6) The fees levied under divisions (A), (B), and (C) of this	76413
section do not apply to solid wastes delivered to a solid waste	76414
composting facility for processing. When any unprocessed solid	76415
waste or compost product is transported off the premises of a	76416
composting facility and disposed of at a landfill, the fees levied	76417
under divisions (A), (B), and (C) of this section shall be	76418
collected by the owner or operator of the landfill where the	76419
unprocessed waste or compost product is disposed of.	76420

(7) When solid wastes that consist of scrap tires are	76421
processed at a scrap tire recovery facility, the fees levied under	76422
divisions (A), (B), and (C) of this section shall be levied upon	76423
the disposal of the fly ash and bottom ash or other solid wastes	76424
remaining after the processing of the scrap tires and shall be	76425
collected by the owner or operator of the solid waste disposal	76426
facility where the ash or other solid wastes are disposed of.	76427

(8) The director of environmental protection may issue an	76428
order exempting from the fees levied under this section solid	76429
wastes, including, but not limited to, scrap tires, that are	76430
generated, transferred, or disposed of as a result of a contract	76431
providing for the expenditure of public funds entered into by the	76432
administrator or regional administrator of the United States	76433
environmental protection agency, the director of environmental	76434
protection, or the director of administrative services on behalf	76435
of the director of environmental protection for the purpose of	76436
remediating conditions at a hazardous waste facility, solid waste	76437
facility, or other location at which the administrator or regional	76438
administrator or the director of environmental protection has	76439
reason to believe that there is a substantial threat to public	76440
health or safety or the environment or that the conditions are	76441
causing or contributing to air or water pollution or soil	76442
contamination. An order issued by the director of environmental	76443
protection under division (D)(8) of this section shall include a	76444
determination that the amount of the fees not received by a solid	76445
waste management district as a result of the order will not	76446
adversely impact the implementation and financing of the	76447
district's approved solid waste management plan and any approved	76448
amendments to the plan. Such an order is a final action of the	76449
director of environmental protection.	76450

(E) The fees levied under divisions (B) and (C) of this	76451
section shall be collected by the owner or operator of the solid	76452
waste disposal facility where the wastes are disposed of as a	76453
trustee for the county or joint district and municipal corporation	76454
or township where the wastes are disposed of. Moneys from the fees	76455
levied under division (B) of this section shall be forwarded to	76456
the board of county commissioners or board of directors of the	76457
district in accordance with rules adopted under division (H) of	76458
this section. Moneys from the fees levied under division (C) of	76459
this section shall be forwarded to the treasurer or such other	76460
officer of the municipal corporation as, by virtue of the charter,	76461
has the duties of the treasurer or to the fiscal officer of the	76462
township, as appropriate, in accordance with those rules.	76463

(F) Moneys received by the treasurer or other officer of the	76464
municipal corporation under division (E) of this section shall be	76465
paid into the general fund of the municipal corporation. Moneys	76466
received by the fiscal officer of the township under that division	76467
shall be paid into the general fund of the township. The treasurer	76468
or other officer of the municipal corporation or the township	76469
fiscal officer, as appropriate, shall maintain separate records of	76470
the moneys received from the fees levied under division (C) of	76471
this section.	76472

(G) Moneys received by the board of county commissioners or	76473
board of directors under division (E) of this section or section	76474
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	76475
shall be paid to the county treasurer, or other official acting in	76476
a similar capacity under a county charter, in a county district or	76477
to the county treasurer or other official designated by the board	76478
of directors in a joint district and kept in a separate and	76479
distinct fund to the credit of the district. If a regional solid	76480
waste management authority has been formed under section 343.011	76481
of the Revised Code, moneys received by the board of trustees of	76482
that regional authority under division (E) of this section shall	76483
be kept by the board in a separate and distinct fund to the credit	76484
of the district. Moneys in the special fund of the county or joint	76485
district arising from the fees levied under division (B) of this	76486
section and the fee levied under division (A) of section 3734.573	76487
of the Revised Code shall be expended by the board of county	76488
commissioners or directors of the district in accordance with the	76489
district's solid waste management plan or amended plan approved	76490
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	76491
exclusively for the following purposes:	76492

(1) Preparation of the solid waste management plan of the	76493
district under section 3734.54 of the Revised Code, monitoring	76494
implementation of the plan, and conducting the periodic review and	76495
amendment of the plan required by section 3734.56 of the Revised	76496
Code by the solid waste management policy committee;	76497

(2) Implementation of the approved solid waste management	76498
plan or amended plan of the district, including, without	76499
limitation, the development and implementation of solid waste	76500
recycling or reduction programs;	76501

(3) Providing financial assistance to boards of health within	76502
the district, if solid waste facilities are located within the	76503
district, for enforcement of this chapter and rules, orders, and	76504
terms and conditions of permits, licenses, and variances adopted	76505
or issued under it, other than the hazardous waste provisions of	76506
this chapter and rules adopted and orders and terms and conditions	76507
of permits issued under those provisions;	76508

(4) Providing financial assistance to each county within the	76509
district to defray the added costs of maintaining roads and other	76510
public facilities and of providing emergency and other public	76511
services resulting from the location and operation of a solid	76512
waste facility within the county under the district's approved	76513
solid waste management plan or amended plan;	76514

(5) Pursuant to contracts entered into with boards of health	76515
within the district, if solid waste facilities contained in the	76516
district's approved plan or amended plan are located within the	76517
district, for paying the costs incurred by those boards of health	76518
for collecting and analyzing samples from public or private water	76519
wells on lands adjacent to those facilities;	76520

(6) Developing and implementing a program for the inspection	76521
of solid wastes generated outside the boundaries of this state	76522
that are disposed of at solid waste facilities included in the	76523
district's approved solid waste management plan or amended plan;	76524

(7) Providing financial assistance to boards of health within	76525
the district for the enforcement of section 3734.03 of the Revised	76526
Code or to local law enforcement agencies having jurisdiction	76527
within the district for enforcing anti-littering laws and	76528
ordinances;	76529

(8) Providing financial assistance to boards of health of	76530
health districts within the district that are on the approved list	76531
under section 3734.08 of the Revised Code to defray the costs to	76532
the health districts for the participation of their employees	76533
responsible for enforcement of the solid waste provisions of this	76534
chapter and rules adopted and orders and terms and conditions of	76535
permits, licenses, and variances issued under those provisions in	76536
the training and certification program as required by rules	76537
adopted under division (L) of section 3734.02 of the Revised Code;	76538

(9) Providing financial assistance to individual municipal	76539
corporations and townships within the district to defray their	76540
added costs of maintaining roads and other public facilities and	76541
of providing emergency and other public services resulting from	76542
the location and operation within their boundaries of a	76543
composting, energy or resource recovery, incineration, or	76544
recycling facility that either is owned by the district or is	76545
furnishing solid waste management facility or recycling services	76546
to the district pursuant to a contract or agreement with the board	76547
of county commissioners or directors of the district;	76548

(10) Payment of any expenses that are agreed to, awarded, or	76549
ordered to be paid under section 3734.35 of the Revised Code and	76550
of any administrative costs incurred pursuant to that section. In	76551
the case of a joint solid waste management district, if the board	76552
of county commissioners of one of the counties in the district is	76553
negotiating on behalf of affected communities, as defined in that	76554
section, in that county, the board shall obtain the approval of	76555
the board of directors of the district in order to expend moneys	76556
for administrative costs incurred.	76557

Prior to the approval of the district's solid waste	76558
management plan under section 3734.55 of the Revised Code, moneys	76559
in the special fund of the district arising from the fees shall be	76560
expended for those purposes in the manner prescribed by the solid	76561
waste management policy committee by resolution.	76562

Notwithstanding division (G)(6) of this section as it existed	76563
prior to October 29, 1993, or any provision in a district's solid	76564
waste management plan prepared in accordance with division	76565
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	76566
prior to that date, any moneys arising from the fees levied under	76567
division (B)(3) of this section prior to January 1, 1994, may be	76568
expended for any of the purposes authorized in divisions (G)(1) to	76569
(10) of this section.	76570

(H) The director shall adopt rules in accordance with Chapter	76571
119. of the Revised Code prescribing procedures for collecting and	76572
forwarding the fees levied under divisions (B) and (C) of this	76573
section to the boards of county commissioners or directors of	76574
county or joint solid waste management districts and to the	76575
treasurers or other officers of municipal corporations and the	76576
fiscal officers of townships. The rules also shall prescribe the	76577
dates for forwarding the fees to the boards and officials and may	76578
prescribe any other requirements the director considers necessary	76579
or appropriate to implement and administer divisions (A), (B), and	76580
(C) of this section.	76581

Sec. 3734.901. (A)(1) For the purpose of providing revenue	76582
to defray the cost of administering and enforcing the scrap tire	76583
provisions of this chapter, rules adopted under those provisions,	76584
and terms and conditions of orders, variances, and licenses issued	76585
under those provisions; to abate accumulations of scrap tires; to	76586
make grants supporting market development activities for scrap	76587
tires and synthetic rubber from tire manufacturing processes and	76588
tire recycling processes and to support scrap tire amnesty and	76589
cleanup events; to make loans to promote the recycling or recovery	76590
of energy from scrap tires; and to defray the costs of	76591
administering and enforcing sections 3734.90 to 3734.9014 of the	76592
Revised Code, a fee of fifty cents per tire is hereby levied on	76593
the sale of tires. The proceeds of the fee shall be deposited in	76594
the state treasury to the credit of the scrap tire management fund	76595
created in section 3734.82 of the Revised Code. The fee is levied	76596
from the first day of the calendar month that begins next after	76597
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	76598

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	76599
2016, there is hereby levied an additional fee of fifty cents per	76600
tire on the sale of tires the proceeds of which shall be deposited	76601
in the state treasury to the credit of the soil and water	76602
conservation district assistance fund created in section 1515.14	76603
of the Revised Code.	76604

(B) Only one sale of the same article shall be used in	76605
computing the amount of the fee due.	76606

Sec. 3734.907. (A) Any person required to pay the fee	76607
imposed by section 3734.901 of the Revised Code is personally	76608
liable for the fee. The tax commissioner may make an assessment,	76609
based upon any information in the commissioner's possession,	76610
against any person who fails to file a return or pay any fee,	76611
interest, or additional charge as required by sections 3734.90 to	76612
3734.9014 of the Revised Code. The commissioner shall give the	76613
person assessed written notice of the assessment in the manner	76614
provided in section 5703.37 of the Revised Code. With the notice,	76615
the commissioner shall provide instructions on how to petition for	76616
reassessment and request a hearing on the petition.	76617

(B) When the information in the possession of the tax	76618
commissioner indicates that a person liable for the fee imposed by	76619
section 3734.901 of the Revised Code has not paid the full amount	76620
of fee due, the commissioner may audit a representative sample of	76621
the person's business and may issue an assessment based on the	76622
audit.	76623

(C) A penalty of up to fifteen per cent may be added to all	76624
amounts assessed under this section. The commissioner may adopt	76625
rules providing for the imposition and remission of the penalties.	76626

(D) Unless the person assessed files with the tax	76627
commissioner within sixty days after service of the notice of	76628
assessment, either personally or by certified mail, a written	76629
petition for reassessment signed by the person assessed or that	76630
person's authorized agent having knowledge of the facts, the	76631
assessment becomes final and the amount of the assessment is due	76632
and payable from the person assessed to the treasurer of state.	76633
The petition shall indicate the objections of the person assessed,	76634
but additional objections may be raised in writing if received by	76635
the commissioner prior to the date shown on the final	76636
determination. If the petition has been properly filed, the	76637
commissioner shall proceed under section 5703.60 of the Revised	76638
Code.	76639

(E) After an assessment becomes final, if any portion of the	76640
assessment, including accrued interest, remains unpaid, a	76641
certified copy of the tax commissioner's entry making the	76642
assessment final may be filed in the office of the clerk of the	76643
court of common pleas in the county in which the person assessed	76644
resides or in which the person's business is conducted. If the	76645
person assessed maintains no place of business in this state and	76646
is not a resident of this state, the certified copy of the entry	76647
may be filed in the office of the clerk of the court of common	76648
pleas of Franklin county.	76649

Immediately upon the filing of the entry, the clerk shall	76650
enter a judgment for the state against the person assessed in the	76651
amount shown on the entry. The judgment may be filed by the clerk	76652
in a loose-leaf book entitled "special judgments for state tire	76653
fee," and shall have the same effect as other judgments. Execution	76654
shall issue upon the judgment upon the request of the tax	76655
commissioner, and all laws applicable to sales on execution shall	76656
apply to sales made under the judgment.	76657

~~The portion of~~If the assessment is not paid in its entirety	76658
within sixty days after the day the assessment was issued, the	76659
portion of the assessment consisting of the fee due shall bear	76660
interest at the rate per annum prescribed by section 5703.47 of	76661
the Revised Code from the day the commissioner issues the	76662
assessment until the day the assessment is paid or until it is	76663
certified to the attorney general for collection under section	76664
131.02 of the Revised Code, whichever comes first. If the unpaid	76665
portion of the assessment is certified to the attorney general for	76666
collection, the entire unpaid portion of the assessment shall bear	76667
interest at the rate per annum prescribed by section 5703.47 of	76668
the Revised Code from the date of certification until the date it	76669
is paid in its entirety. Interest shall be paid in the same manner	76670
as the fee and may be collected by the issuance of an assessment	76671
under this section.	76672

(F) If the tax commissioner believes that collection of the	76673
fee will be jeopardized unless proceedings to collect or secure	76674
collection of the fee are instituted without delay, the	76675
commissioner may issue a jeopardy assessment against the person	76676
liable for the fee. Immediately upon the issuance of the jeopardy	76677
assessment, the commissioner shall file an entry with the clerk of	76678
the court of common pleas in the manner prescribed by division (E)	76679
of this section. Notice of the jeopardy assessment shall be served	76680
on the person assessed or the person's legal representative, as	76681
provided in section 5703.37 of the Revised Code, within five days	76682
of the filing of the entry with the clerk. The total amount	76683
assessed is immediately due and payable, unless the person	76684
assessed files a petition for reassessment in accordance with	76685
division (D) of this section and provides security in a form	76686
satisfactory to the commissioner and in an amount sufficient to	76687
satisfy the unpaid balance of the assessment. Full or partial	76688
payment of the assessment does not prejudice the commissioner's	76689
consideration of the petition for reassessment.	76690

(G) All money collected by the tax commissioner under this	76691
section shall be paid to the treasurer of state as revenue arising	76692
from the fee imposed by section 3734.901 of the Revised Code.	76693

Sec. 3735.58. (A) The director of ~~mental health~~mental	76694
health and addiction services, the director of developmental	76695
disabilities, or the director of rehabilitation and correction may	76696
enter into contracts for the sale of land not needed by their	76697
departments and under their jurisdiction or supervision to	76698
metropolitan housing authorities for use by such an authority for	76699
a housing project or projects. Such contract may contain such	76700
conditions and terms as are, in the discretion of the directors,	76701
in the best interests of the state and the welfare of the	76702
residents of the state.	76703

(B) The director may, upon receipt of a request from a	76704
metropolitan housing authority, request the approval of the	76705
governor to sell and convey land not needed by the director's	76706
department and under the director's jurisdiction or supervision to	76707
an authority, subject to such terms and conditions consistent with	76708
the public interest and welfare of the residents of the state as	76709
the director considers necessary. The governor, with the approval	76710
of the controlling board, may approve the request. Such property	76711
shall be appraised at its fair market value before it is conveyed.	76712
The director of administrative services shall cause it to be	76713
appraised by three disinterested persons and shall determine the	76714
fee which each appraiser shall receive, not to exceed fifty	76715
dollars. All appraisal fees shall be paid by the authority which	76716
shall deposit with the director one hundred fifty dollars before	76717
the appraisal is made. If the deposit exceeds the appraisal fee,	76718
the balance shall be returned to the authority. The appraisal	76719
value, when approved by the director, is the purchase price. If	76720
the purchase price is not paid within ninety days after notice to	76721
the authority of the approved appraisal value, the director shall	76722
withdraw approval of the appraisal value and no deed shall be	76723
delivered to the authority without the written approval of the	76724
director of the purchase price. If the purchase price is paid	76725
within ninety days, a deed shall be prepared and recorded pursuant	76726
to section 5301.13 of the Revised Code.	76727

(C) Moneys received from sales of land to a metropolitan	76728
housing authority shall be placed in the state treasury in special	76729
funds, to be used for such purposes of the department of ~~mental~~	76730
~~health~~mental health and addiction services, the department of	76731
developmental disabilities, or the department of rehabilitation	76732
and correction as is appropriate.	76733

Sec. 3735.661. (A) For the purpose of determining the "first	76734
two amendments" referenced in division (B) of Section 3 of Am.	76735
Sub. S.B. 19 of the 120th general assembly, an amendment means any	76736
modification to an ordinance or resolution adopted under section	76737
3735.66 of the Revised Code that does any of the following:	76738

(1) Expands the geographic size of a community reinvestment	76739
area;	76740

(2) Increases a property's or category of property's exempted	76741
percentage of assessed valuation, notwithstanding the requirements	76742
of section 3735.66 of the Revised Code as that section existed on	76743
July 21, 1994. Division (A)(2) of this section does not authorize	76744
a municipal corporation or county to increase a property's or	76745
category of property's exempted percentage of assessed valuation	76746
pursuant to that section.	76747

(3) Increases the term of any tax exemption or category of	76748
tax exemptions;	76749

(4) Extends the duration of a community reinvestment area;

76750

(5) Changes eligibility requirements for receiving tax	76751
exemptions.	76752

(B) For the purpose of determining the "first two amendments"	76753
in division (B) of Section 3 of Am. Sub. S.B. 19 of the 120th	76754
general assembly, an amendment does not include any modification	76755
to an ordinance or resolution adopted under section 3735.66 of the	76756
Revised Code that does any of the following:	76757

(1) Restricts the availability of tax exemptions, including	76758
any of the following:	76759

(a) Removes area from or decreases the geographic size of a	76760
community reinvestment area;	76761

(b) Decreases a property's or category of property's exempted	76762
percentage of assessed valuation, notwithstanding the requirements	76763
of section 3735.66 of the Revised Code as that section existed on	76764
July 21, 1994. Division (B)(1)(b) of this section does not	76765
authorize a municipal corporation or county to decrease a	76766
property's or category of property's exempted percentage of	76767
assessed valuation pursuant to that section.	76768

(c) Decreases the term of any tax exemption or category of	76769
exemption;	76770

(d) Shortens the period of time after which the granting of	76771
tax exemptions may be terminated.	76772

(2) Recognizes or confirms the continuing existence of a	76773
community reinvestment area, including by providing a date after	76774
which the area may be terminated;	76775

(3) Recognizes or confirms a previously granted tax	76776
exemption;	76777

(4) Clarifies ambiguities or corrects defects in previously	76778
enacted ordinances or resolutions;	76779

(5) Makes modifications that are procedural or	76780
administrative, including changing the designation of a housing	76781
officer, the process for approving or appealing a tax exemption,	76782
or the amount of any application fee, or modifying a community	76783
reinvestment area housing council created under section 3735.69 of	76784
the Revised Code or a tax incentive review council under section	76785
5709.85 of the Revised Code.	76786

Sec. 3737.02. (A) The fire marshal may collect fees to cover	76787
the costs of performing inspections and other duties that the fire	76788
marshal is authorized or required by law to perform. Except as	76789
provided in division (B) of this section, all fees collected by	76790
the fire marshal shall be deposited to the credit of the fire	76791
marshal's fund.	76792

(B) All of the following shall be credited to the underground	76793
storage tank administration fund, which is hereby created in the	76794
state treasury:	76795

(1) Fees collected under sections 3737.88 and 3737.881 of the	76796
Revised Code for operation of the underground storage tank and	76797
underground storage tank installer certification programs~~, moneys~~;	76798

(2) Moneys recovered under section 3737.89 of the Revised	76799
Code for the state's costs of undertaking corrective or	76800
enforcement actions under that section or section 3737.882 of the	76801
Revised Code~~, and fines~~;	76802

(3) Fines and penalties collected under section 3737.882 of	76803
the Revised Code ~~shall be credited to the underground storage tank~~	76804
~~administration fund, which is hereby created in the state~~	76805
~~treasury. All~~;	76806

(4) Amounts repaid for underground storage tank revolving	76807
loans under section 3737.883 of the Revised Code.	76808

(C) All interest earned on moneys credited to the underground	76809
storage tank administration fund shall be credited to the fund.	76810
Moneys credited to the underground storage tank administration	76811
fund shall be used by the fire marshal for implementation and	76812
enforcement of underground storage tank, corrective action, and	76813
installer certification programs under sections 3737.88 to 3737.89	76814
of the Revised Code. Only moneys described in divisions (B)(3) and	76815
(4) of this section may be used by the fire marshal to make	76816
underground storage tank revolving loans under section 3737.883 of	76817
the Revised Code, and no other moneys may be used to make those	76818
loans.	76819

~~(C)~~(D) The fire marshal shall take all actions necessary to	76820
obtain any federal funding available to carry out the fire	76821
marshal's responsibilities under sections 3737.88 to 3737.89 of	76822
the Revised Code and federal laws regarding the cleaning up of	76823
releases of petroleum, as "release" is defined in section 3737.87	76824
of the Revised Code, including, without limitation, any federal	76825
funds that are available to reimburse the state for the costs of	76826
undertaking corrective actions for such releases of petroleum. The	76827
state may, when appropriate, return to the United States any	76828
federal funds recovered under sections 3737.882 and 3737.89 of the	76829
Revised Code.	76830

Sec. 3737.83. The fire marshal shall, as part of the state	76831
fire code, adopt rules to:	76832

(A) Establish minimum standards of performance for fire	76833
protection equipment and fire fighting equipment;	76834

(B) Establish minimum standards of training, fix minimum	76835
qualifications, and require certificates for all persons who	76836
engage in the business for profit of installing, testing,	76837
repairing, or maintaining fire protection equipment;	76838

(C) Provide for the issuance of certificates required under	76839
division (B) of this section and establish the fees to be charged	76840
for such certificates. A certificate shall be granted, renewed, or	76841
revoked according to rules the fire marshal shall adopt.	76842

(D) Establish minimum standards of flammability for consumer	76843
goods in any case where the federal government or any department	76844
or agency thereof has established, or may from time to time	76845
establish standards of flammability for consumer goods. The	76846
standards established by the fire marshal shall be identical to	76847
the minimum federal standards.	76848

In any case where the federal government or any department or	76849
agency thereof, establishes standards of flammability for consumer	76850
goods subsequent to the adoption of a flammability standard by the	76851
fire marshal, standards previously adopted by the fire marshal	76852
shall not continue in effect to the extent such standards are not	76853
identical to the minimum federal standards.	76854

With respect to the adoption of minimum standards of	76855
flammability, this division shall supersede any authority granted	76856
a political subdivision by any other section of the Revised Code.	76857

(E) Establish minimum standards pursuant to section 5104.05	76858
of the Revised Code for fire prevention and fire safety in child	76859
day-care centers and in type A family day-care homes, as defined	76860
in section 5104.01 of the Revised Code.	76861

(F) Establish minimum standards for fire prevention and	76862
safety in a residential facility licensed under section ~~5119.22~~	76863
5119.34 of the Revised Code that provides accommodations,	76864
supervision, and personal care services for three to sixteen	76865
unrelated adults. The fire marshal shall adopt the rules under	76866
this division in consultation with the director of ~~mental health~~	76867
mental health and addiction services and interested parties	76868
designated by the director of ~~mental health~~mental health and	76869
addiction services.	76870

Sec. 3737.841. As used in this section and section 3737.842	76871
of the Revised Code:	76872

(A) "Public occupancy" means all of the following:

76873

(1) Any state correctional institution as defined in section	76874
2967.01 of the Revised Code and any county, multicounty,	76875
municipal, or municipal-county jail or workhouse;	76876

(2) Any hospital as defined in section 3727.01 of the Revised	76877
Code, any hospital licensed by the department of ~~mental health~~	76878
mental health and addiction services under section ~~5119.20~~5119.33	76879
of the Revised Code, and any institution, hospital, or other place	76880
established, controlled, or supervised by the department of ~~mental~~	76881
~~health~~mental health and addiction services under Chapter 5119. of	76882
the Revised Code;	76883

(3) Any nursing home, residential care facility, or home for	76884
the aging as defined in section 3721.01 of the Revised Code and	76885
any residential facility licensed under section ~~5119.22~~5119.34 of	76886
the Revised Code that provides accommodations, supervision, and	76887
personal care services for three to sixteen unrelated adults;	76888

(4) Any child day-care center and any type A family day-care	76889
home as defined in section 5104.01 of the Revised Code;	76890

(5) Any public auditorium or stadium;

76891

(6) Public assembly areas of hotels and motels containing	76892
more than ten articles of seating furniture.	76893

(B) "Sell" includes sell, offer or expose for sale, barter,	76894
trade, deliver, give away, rent, consign, lease, possess for sale,	76895
or dispose of in any other commercial manner.	76896

(C) Except as provided in division (D) of this section,	76897
"seating furniture" means any article of furniture, including	76898
children's furniture, that can be used as a support for an	76899
individual, or an individual's limbs or feet, when sitting or	76900
resting in an upright or reclining position and that either:	76901

(1) Is made with loose or attached cushions or pillows;

76902

(2) Is stuffed or filled in whole or in part with any filling	76903
material;	76904

(3) Is or can be stuffed or filled in whole or in part with	76905
any substance or material, concealed by fabric or any other	76906
covering.	76907

"Seating furniture" includes the cushions or pillows	76908
belonging to or forming a part of the furniture, the structural	76909
unit, and the filling material and its container or covering.	76910

(D) "Seating furniture" does not include, except if intended	76911
for use by children or in facilities designed for the care or	76912
treatment of humans, any of the following:	76913

(1) Cushions or pads intended solely for outdoor use;

76914

(2) Any article with a smooth surface that contains no more	76915
than one-half inch of filling material, if that article does not	76916
have an upholstered horizontal surface meeting an upholstered	76917
vertical surface;	76918

(3) Any article manufactured solely for recreational use or	76919
physical fitness purposes, including weight-lifting benches,	76920
gymnasium mats or pads, and sidehorses.	76921

(E) "Filling material" means cotton, wool, kapok, feathers,	76922
down, hair, liquid, or any other natural or artificial material or	76923
substance that is used or can be used as stuffing in seating	76924
furniture.	76925

Sec. 3737.88. (A)(1) The fire marshal shall have	76926
responsibility for implementation of the underground storage tank	76927
program and corrective action program for releases of petroleum	76928
from underground storage tanks established by the "Resource	76929
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	76930
6901, as amended. To implement the programs, the fire marshal may	76931
adopt, amend, and rescind such rules, conduct such inspections,	76932
require annual registration of underground storage tanks, issue	76933
such citations and orders to enforce those rules, enter into	76934
environmental covenants in accordance with sections 5301.80 to	76935
5301.92 of the Revised Code, and perform such other duties, as are	76936
consistent with those programs. The fire marshal, by rule, may	76937
delegate the authority to conduct inspections of underground	76938
storage tanks to certified fire safety inspectors.	76939

(2) In the place of any rules regarding release containment	76940
and release detection for underground storage tanks adopted under	76941
division (A)(1) of this section, the fire marshal, by rule, shall	76942
designate areas as being sensitive for the protection of human	76943
health and the environment and adopt alternative rules regarding	76944
release containment and release detection methods for new and	76945
upgraded underground storage tank systems located in those areas.	76946
In designating such areas, the fire marshal shall take into	76947
consideration such factors as soil conditions, hydrogeology, water	76948
use, and the location of public and private water supplies. Not	76949
later than July 11, 1990, the fire marshal shall file the rules	76950
required under this division with the secretary of state, director	76951
of the legislative service commission, and joint committee on	76952
agency rule review in accordance with divisions (B) and (H) of	76953
section 119.03 of the Revised Code.	76954

(3) Notwithstanding sections 3737.87 to 3737.89 of the	76955
Revised Code, a person who is not a responsible person, as	76956
determined by the fire marshal pursuant to this chapter, may	76957
conduct a voluntary action in accordance with Chapter 3746. of the	76958
Revised Code and rules adopted under it for either of the	76959
following:	76960

(a) A class C release;

76961

(b) A release, other than a class C release, that is subject	76962
to the rules adopted by the fire marshal under division (B) of	76963
section 3737.882 of the Revised Code pertaining to a corrective	76964
action, provided that both of the following apply:	76965

(i) The voluntary action also addresses hazardous substances	76966
or petroleum that is not subject to the rules adopted under	76967
division (B) of section 3737.882 of the Revised Code pertaining to	76968
a corrective action.	76969

(ii) The fire marshal has not issued an administrative order	76970
concerning the release or referred the release to the attorney	76971
general for enforcement.	76972

The director of environmental protection, pursuant to section	76973
3746.12 of the Revised Code, may issue a covenant not to sue to	76974
any person who properly completes a voluntary action with respect	76975
to any such release in accordance with Chapter 3746. of the	76976
Revised Code and rules adopted under it.	76977

(B) Before adopting any rule under this section or section	76978
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	76979
file written notice of the proposed rule with the chairperson of	76980
the state fire council, and, within sixty days after notice is	76981
filed, the council may file responses to or comments on and may	76982
recommend alternative or supplementary rules to the fire marshal.	76983
At the end of the sixty-day period or upon the filing of	76984
responses, comments, or recommendations by the council, the fire	76985
marshal may adopt the rule filed with the council or any	76986
alternative or supplementary rule recommended by the council.	76987

(C) The state fire council may recommend courses of action to	76988
be taken by the fire marshal in carrying out the fire marshal's	76989
duties under this section. The council shall file its	76990
recommendations in the office of the fire marshal, and, within	76991
sixty days after the recommendations are filed, the fire marshal	76992
shall file with the chairperson of the council comments on, and	76993
proposed action in response to, the recommendations.	76994

(D) For the purpose of sections 3737.87 to 3737.89 of the	76995
Revised Code, the fire marshal shall adopt, and may amend and	76996
rescind, rules identifying or listing hazardous substances. The	76997
rules shall be consistent with and equivalent in scope, coverage,	76998
and content to regulations identifying or listing hazardous	76999
substances adopted under the "Comprehensive Environmental	77000
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	77001
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	77002
not identify or list as a hazardous substance any hazardous waste	77003
identified or listed in rules adopted under division (A) of	77004
section 3734.12 of the Revised Code.	77005

(E) Except as provided in division (A)(3) of this section,	77006
the fire marshal shall have exclusive jurisdiction to regulate the	77007
storage, treatment, and disposal of petroleum contaminated soil	77008
generated from corrective actions undertaken in response to	77009
releases of petroleum from underground storage tank systems. The	77010
fire marshal may adopt, amend, or rescind such rules as the fire	77011
marshal considers to be necessary or appropriate to regulate the	77012
storage, treatment, or disposal of petroleum contaminated soil so	77013
generated.	77014

(F) The fire marshal shall adopt, amend, and rescind rules	77015
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	77016
accordance with Chapter 119. of the Revised Code.	77017

Sec. 3737.882. (A) If, after an examination or inspection,	77018
the fire marshal or an assistant fire marshal finds that a release	77019
of petroleum is suspected, the fire marshal shall take such action	77020
as the fire marshal considers necessary to ensure that a suspected	77021
release is confirmed or disproved and, if the occurrence of a	77022
release is confirmed, to correct the release. These actions may	77023
include one or more of the following:	77024

(1) Issuance of a citation and order requiring the	77025
responsible person to undertake, in a manner consistent with the	77026
requirements of section 9003 of the "Resource Conservation and	77027
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as	77028
amended, applicable regulations adopted thereunder, and rules	77029
adopted under division (B) of this section, such actions as are	77030
necessary to protect human health and the environment, including,	77031
without limitation, the investigation of a suspected release;	77032

(2) Requesting the attorney general to bring a civil action	77033
for appropriate relief, including a temporary restraining order or	77034
preliminary or permanent injunction, in the court of common pleas	77035
of the county in which a suspected release is located or in which	77036
the release occurred, to obtain the corrective action necessary to	77037
protect human health and the environment. In granting any such	77038
relief, the court shall ensure that the terms of the temporary	77039
restraining order or injunction are sufficient to provide	77040
comprehensive corrective action to protect human health and the	77041
environment.	77042

(3) Entry onto premises and undertaking corrective action	77043
with respect to a release of petroleum if, in the fire marshal's	77044
judgment, such action is necessary to protect human health and the	77045
environment. Any corrective action undertaken by the fire marshal	77046
or assistant fire marshal under division (A)(3) of this section	77047
shall be consistent with the requirements of sections 9003 and	77048
9005 of the "Resource Conservation and Recovery Act of 1976," 98	77049
Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A.	77050
6991e, respectively, as amended, applicable regulations adopted	77051
thereunder, and rules adopted under division (B) of this section.	77052

(B) The fire marshal shall adopt, and may amend and rescind,	77053
such rules as the fire marshal considers necessary to establish	77054
standards for corrective actions for suspected and confirmed	77055
releases of petroleum and standards for the recovery of costs	77056
incurred for undertaking corrective or enforcement actions with	77057
respect to such releases. The rules also shall include	77058
requirements for financial responsibility for the cost of	77059
corrective actions for and compensation of bodily injury and	77060
property damage incurred by third parties that are caused by	77061
releases of petroleum. Rules regarding financial responsibility	77062
shall, without limitation, require responsible persons to provide	77063
evidence that the parties guaranteeing payment of the deductible	77064
amount established under division (E) or (F) of section 3737.91 of	77065
the Revised Code are, at a minimum, secondarily liable for all	77066
corrective action and third-party liability costs incurred within	77067
the scope of the deductible amount. The rules shall be consistent	77068
with sections 9003 and 9005 of the "Resource Conservation and	77069
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98	77070
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and	77071
applicable regulations adopted thereunder.	77072

(C)(1) No person shall violate or fail to comply with a rule	77073
adopted under division (A) of section 3737.88 of the Revised Code	77074
or division (B) of this section, and no person shall violate or	77075
fail to comply with the terms of any order issued under division	77076
(A) of section 3737.88 of the Revised Code or division (A)(1) of	77077
this section.	77078

(2) Whoever violates division (C)(1) of this section or	77079
division (F) of section 3737.881 of the Revised Code shall pay a	77080
civil penalty of not more than ten thousand dollars for each day	77081
that the violation continues. The fire marshal may, by order,	77082
assess a civil penalty under this division, or the fire marshal	77083
may request the attorney general to bring a civil action for	77084
imposition of the civil penalty in the court of common pleas of	77085
the county in which the violation occurred. If the fire marshal	77086
determines that a responsible person is in violation of division	77087
(C)(1) of this section or division (F) of section 3737.881 of the	77088
Revised Code, the fire marshal may request the attorney general to	77089
bring a civil action for appropriate relief, including a temporary	77090
restraining order or preliminary or permanent injunction, in the	77091
court of common pleas of the county in which the underground	77092
storage tank or, in the case of a violation of division (F)(3) of	77093
section 3737.881 of the Revised Code, the training program that is	77094
the subject of the violation is located. The court shall issue a	77095
temporary restraining order or an injunction upon a demonstration	77096
that a violation of division (C)(1) of this section or division	77097
(F) of section 3737.881 of the Revised Code has occurred or is	77098
occurring.	77099

Any action brought by the attorney general under this	77100
division is a civil action, governed by the Rules of Civil	77101
Procedure and other rules of practice and procedure applicable to	77102
civil actions.	77103

Nothing in section 3737.883 of the Revised Code limits the	77104
powers of the fire marshal or the attorney general under this	77105
division.	77106

(D) Orders issued under division (A) of section 3737.88 of	77107
the Revised Code and divisions (A)(1) and (C) of this section, and	77108
appeals thereof, are subject to and governed by Chapter 3745. of	77109
the Revised Code. Such orders shall be issued without the	77110
necessity for issuance of a proposed action under that chapter.	77111
For purposes of appeals of any such orders, the term "director" as	77112
used in Chapter 3745. of the Revised Code includes the fire	77113
marshal and an assistant fire marshal.	77114

(E) Any restrictions on the use of real property for the	77115
purpose of the achievement by an owner or operator of applicable	77116
standards pursuant to rules adopted under division (B) of this	77117
section shall be contained in a deed or in another instrument that	77118
is signed and acknowledged by the property owner in the same	77119
manner as a deed or an environmental covenant that is entered into	77120
in accordance with sections 5301.80 to 5301.92 of the Revised	77121
Code. The deed, other instrument containing the restrictions, or	77122
environmental covenant shall be filed and recorded in the office	77123
of the county recorder of the county in which the property is	77124
located. Pursuant to Chapter 5309. of the Revised Code, if the use	77125
restrictions or environmental covenant are connected with	77126
registered land, as defined in section 5309.01 of the Revised	77127
Code, the restrictions or environmental covenant shall be entered	77128
as a memorial on the page of the register where the title of the	77129
owner is registered.	77130

(F) Any restrictions on the use of real property for the	77131
purpose of the achievement by a person that is not a responsible	77132
person, or by a person undertaking a voluntary action of	77133
applicable standards pursuant to rules adopted under division (B)	77134
of this section shall be contained in an environmental covenant	77135
that is entered into in accordance with sections 5301.80 to	77136
5301.92 of the Revised Code. The environmental covenant shall be	77137
filed and recorded in the office of the county recorder of the	77138
county in which the property is located. Pursuant to Chapter 5309.	77139
of the Revised Code, if the environmental covenant is connected	77140
with registered land, as defined in section 5309.01 of the Revised	77141
Code, the environmental covenant shall be entered as a memorial on	77142
the page of the register where the title of the owner is	77143
registered.	77144

Sec. 3737.883. (A) As used in this section, "political	77145
subdivision" has the same meaning as in section 2744.01 of the	77146
Revised Code, but includes a community improvement corporation as	77147
that term is defined in section 1724.01 of the Revised Code.	77148

(B)(1) A political subdivision may do any of the following	77149
for an underground storage tank located within its territorial	77150
boundaries if the political subdivision is the tank owner but not	77151
the operator:	77152

(a) Initiate, continue, or properly complete the closure in	77153
place or removal of an underground storage tank system;	77154

(b) Initiate, continue, or properly complete an assessment of	77155
the site of an underground storage tank or the site of an	77156
underground storage tank system;	77157

(c) Initiate, continue, or properly complete a corrective	77158
action.	77159

(2) A political subdivision may take any of the actions	77160
described in divisions (B)(1)(a) to (c) of this section for the	77161
site of a previously existing release to which all of the	77162
following apply:	77163

(a) The political subdivision is not the responsible person.

77164

(b) The release has not received a no-further-action	77165
determination from the state fire marshal.	77166

(c) The site of the release is located within the political	77167
subdivision's territorial boundaries.	77168

(d) The responsible person is not identifiable or the state	77169
fire marshal determines that an identified responsible person is	77170
unable to pay the costs of the action to be taken by the political	77171
subdivision.	77172

(C) The state fire marshal or the state fire marshal's	77173
designee shall administer an underground storage tank revolving	77174
loan program under which the state fire marshal issues loans to	77175
assist with the costs of actions taken under divisions (B)(1) and	77176
(2) of this section. The state fire marshal shall issue a loan	77177
under the program to a political subdivision that meets the	77178
application requirements of division (D) of this section and	77179
agrees to written terms and conditions of the loan with the state	77180
fire marshal.	77181

(D) A political subdivision shall apply to the state fire	77182
marshal for a loan under this section on a form prescribed by the	77183
state fire marshal. In the application, the political subdivision	77184
shall do all of the following:	77185

(1) Describe the action for which it is requesting a loan;

77186

(2) State the requested loan amount;

77187

(3) Explain how the political subdivision plans to spend, of	77188
its own funds, in undertaking the action for which the loan is	77189
requested, an amount equal to at least five per cent of the	77190
requested loan amount;	77191

(4) Provide any other information requested by the state fire	77192
marshal.	77193

(E) The state fire marshal shall consult with the director of	77194
development services before issuing any loan under this section.	77195

(F) A loan issued under this section shall not carry	77196
interest. No loan issued under this section shall have a term of	77197
more than ten years. The political subdivision shall repay a loan	77198
issued under this section to the state fire marshal.	77199

(G) If, at any time after the expenditure of loan funds by a	77200
political subdivision under division (B)(2) of this section, the	77201
state fire marshal or any law enforcement agency identifies the	77202
responsible person or determines, for any reason, that the	77203
previously identified responsible person was or is able to pay the	77204
costs of the action for which the loan was issued, the political	77205
subdivision may bring any appropriate proceedings against the	77206
responsible person to recover the costs incurred by the political	77207
subdivision. The proceedings may be brought in either the court of	77208
common pleas having jurisdiction where the underground storage	77209
tank is located or the court of common pleas of Franklin county.	77210

(H)(1) The state fire marshal shall adopt and may amend and	77211
rescind rules as necessary for the administration and operation of	77212
the underground storage tank revolving loan program. The rules may	77213
do any of the following:	77214

(a) Further define the entities considered "political	77215
subdivisions" eligible to receive loans;	77216

(b) Establish qualifying criteria for loan recipients;

77217

(c) Establish criteria for awarding loans, loan amounts, loan	77218
payment terms, and permissible expenditures of loan funds,	77219
including methods that the state fire marshal may use to verify	77220
the proper use of loan funds or to obtain reimbursement for or the	77221
return of improperly used loan funds.	77222

(2) The state fire marshal may adopt and may amend and	77223
rescind rules for the issuance of emergency underground storage	77224
tank revolving loans to qualifying entities during a natural	77225
disaster or another similar event as defined in the rules.	77226

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	77227
section 3123.43 of the Revised Code, the state fire marshal shall	77228
comply with sections 3123.41 to 3123.50 of the Revised Code and	77229
any applicable rules adopted under section 3123.63 of the Revised	77230
Code with respect to a certificate issued pursuant to section	77231
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	77232

Sec. 3742.30. Each child at risk of lead poisoning shall	77233
undergo a blood lead screening test to determine whether the child	77234
has lead poisoning. The at-risk children shall undergo the test at	77235
times determined by rules the director of health shall adopt in	77236
accordance with Chapter 119. of the Revised Code that are	77237
consistent with the guidelines established by the centers for	77238
disease control and prevention in the public health service of the	77239
United States department of health and human services. The rules	77240
shall specify which children are at risk of lead poisoning.	77241

Neither this section nor the rules adopted under it affect	77242
the coverage of blood lead screening tests by any publicly funded	77243
health program, including the medicaid program ~~established by~~	77244
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	77245
rules adopted under it apply to a child if a parent of the child	77246
objects to the test on the grounds that the test conflicts with	77247
the parent's religious tenets and practices.	77248

Sec. 3742.31. (A) The director of health shall establish,	77249
promote, and maintain a child lead poisoning prevention program.	77250
The program shall provide statewide coordination of screening,	77251
diagnosis, and treatment services for children under age six,	77252
including both of the following:	77253

(1) Collecting the social security numbers of all children	77254
screened, diagnosed, or treated as part of the program's case	77255
management system;	77256

(2) Disclosing to the ~~office of medical assistance in the~~	77257
department of ~~job and family services~~medicaid on at least an	77258
annual basis the identity and lead screening test results of each	77259
child screened pursuant to section 3742.30 of the Revised Code.	77260
The director shall collect and disseminate information relating to	77261
child lead poisoning and controlling lead hazards.	77262

(B) The director of health shall operate the child lead	77263
poisoning prevention program in accordance with rules adopted	77264
under section 3742.50 of the Revised Code. The director may enter	77265
into an interagency agreement with one or more other state	77266
agencies to perform one or more of the program's duties. The	77267
director shall supervise and direct an agency's performance of	77268
such a duty.	77269

Sec. 3742.32. (A) The director of health shall appoint an	77270
advisory council to assist in the ongoing development and	77271
implementation of the child lead poisoning prevention program	77272
created under section 3742.31 of the Revised Code. The advisory	77273
council shall consist of the following members:	77274

(1) A representative of the ~~office of medical assistance in~~	77275
~~the~~ department of ~~job and family services~~medicaid;	77276

(2) A representative of the bureau of child care in the	77277
department of job and family services;	77278

(3) A representative of the department of environmental	77279
protection;	77280

(4) A representative of the department of education;

77281

(5) A representative of the ~~department of~~ development	77282
services agency;	77283

(6) A representative of the Ohio apartment owner's	77284
association;	77285

(7) A representative of the Ohio help end lead poisoning	77286
coalition;	77287

(8) A representative of the Ohio environmental health	77288
association;	77289

(9) An Ohio representative of the national paint and coatings	77290
association.	77291

(B) The advisory council shall do both of the following:

77292

(1) Provide the director with advice regarding the policies	77293
the child lead poisoning prevention program should emphasize,	77294
preferred methods of financing the program, and any other matter	77295
relevant to the program's operation;	77296

(2) Submit a report of the state's activities to the	77297
governor, president of the senate, and speaker of the house of	77298
representatives on or before the first day of March each year.	77299

(C) The advisory council is not subject to sections 101.82 to	77300
101.87 of the Revised Code.	77301

Sec. 3742.51. (A) There is hereby created in the state	77302
treasury the lead poisoning prevention fund. The fund shall	77303
include all moneys appropriated to the department of health for	77304
the administration and enforcement of sections 3742.31 to 3742.50	77305
of the Revised Code and the rules adopted under those sections.	77306
Any grants, contributions, or other moneys collected by the	77307
department for purposes of preventing lead poisoning shall be	77308
deposited in the state treasury to the credit of the fund.	77309

(B) Moneys in the fund shall be used solely for the purposes	77310
of the child lead poisoning prevention program established under	77311
section 3742.31 of the Revised Code, including providing financial	77312
assistance to individuals who are unable to pay for the following:	77313

(1) Costs associated with obtaining lead tests and lead	77314
poisoning treatment for children under six years of age who are	77315
not covered by private medical insurance or are underinsured, are	77316
not eligible for the medicaid program ~~established under Chapter~~	77317
~~5111. of the Revised Code~~ or any other government health program,	77318
and do not have access to another source of funds to cover the	77319
cost of lead tests and any indicated treatments;	77320

(2) Costs associated with having lead abatement performed or	77321
having the preventive treatments specified in section 3742.41 of	77322
the Revised Code performed.	77323

Sec. 3745.11. (A) Applicants for and holders of permits,	77324
licenses, variances, plan approvals, and certifications issued by	77325
the director of environmental protection pursuant to Chapters	77326
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	77327
to the environmental protection agency for each such issuance and	77328
each application for an issuance as provided by this section. No	77329
fee shall be charged for any issuance for which no application has	77330
been submitted to the director.	77331

(B) Except as otherwise provided in division (C)(2) of this	77332
section, beginning July 1, 1994, each person who owns or operates	77333
an air contaminant source and who is required to apply for and	77334
obtain a Title V permit under section 3704.036 of the Revised Code	77335
shall pay the fees set forth in this division. For the purposes of	77336
this division, total emissions of air contaminants may be	77337
calculated using engineering calculations, emissions factors,	77338
material balance calculations, or performance testing procedures,	77339
as authorized by the director.	77340

The following fees shall be assessed on the total actual	77341
emissions from a source in tons per year of the regulated	77342
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	77343
organic compounds, and lead:	77344

(1) Fifteen dollars per ton on the total actual emissions of	77345
each such regulated pollutant during the period July through	77346
December 1993, to be collected no sooner than July 1, 1994;	77347

(2) Twenty dollars per ton on the total actual emissions of	77348
each such regulated pollutant during calendar year 1994, to be	77349
collected no sooner than April 15, 1995;	77350

(3) Twenty-five dollars per ton on the total actual emissions	77351
of each such regulated pollutant in calendar year 1995, and each	77352
subsequent calendar year, to be collected no sooner than the	77353
fifteenth day of April of the year next succeeding the calendar	77354
year in which the emissions occurred.	77355

The fees levied under this division do not apply to that	77356
portion of the emissions of a regulated pollutant at a facility	77357
that exceed four thousand tons during a calendar year.	77358

(C)(1) The fees assessed under division (B) of this section	77359
are for the purpose of providing funding for the Title V permit	77360
program.	77361

(2) The fees assessed under division (B) of this section do	77362
not apply to emissions from any electric generating unit	77363
designated as a Phase I unit under Title IV of the federal Clean	77364
Air Act prior to calendar year 2000. Those fees shall be assessed	77365
on the emissions from such a generating unit commencing in	77366
calendar year 2001 based upon the total actual emissions from the	77367
generating unit during calendar year 2000 and shall continue to be	77368
assessed each subsequent calendar year based on the total actual	77369
emissions from the generating unit during the preceding calendar	77370
year.	77371

(3) The director shall issue invoices to owners or operators	77372
of air contaminant sources who are required to pay a fee assessed	77373
under division (B) or (D) of this section. Any such invoice shall	77374
be issued no sooner than the applicable date when the fee first	77375
may be collected in a year under the applicable division, shall	77376
identify the nature and amount of the fee assessed, and shall	77377
indicate that the fee is required to be paid within thirty days	77378
after the issuance of the invoice.	77379

(D)(1) Except as provided in division (D)(3) of this section,	77380
from January 1, 1994, through December 31, 2003, each person who	77381
owns or operates an air contaminant source; who is required to	77382
apply for a permit to operate pursuant to rules adopted under	77383
division (G), or a variance pursuant to division (H), of section	77384
3704.03 of the Revised Code; and who is not required to apply for	77385
and obtain a Title V permit under section 3704.036 of the Revised	77386
Code shall pay a single fee based upon the sum of the actual	77387
annual emissions from the facility of the regulated pollutants	77388
particulate matter, sulfur dioxide, nitrogen oxides, organic	77389
compounds, and lead in accordance with the following schedule:	77390

Total tons per year		77391
of regulated pollutants	Annual fee	77392
emitted	per facility	77393
More than 0, but less than 50	$ 75	77394
50 or more, but less than 100	300	77395
100 or more	700	77396

(2) Except as provided in division (D)(3) of this section,	77397
beginning January 1, 2004, each person who owns or operates an air	77398
contaminant source; who is required to apply for a permit to	77399
operate pursuant to rules adopted under division (G), or a	77400
variance pursuant to division (H), of section 3704.03 of the	77401
Revised Code; and who is not required to apply for and obtain a	77402
Title V permit under section 3704.03 of the Revised Code shall pay	77403
a single fee based upon the sum of the actual annual emissions	77404
from the facility of the regulated pollutants particulate matter,	77405
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	77406
accordance with the following schedule:	77407

Total tons per year		77408
of regulated pollutants	Annual fee	77409
emitted	per facility	77410
More than 0, but less than 10	$ 100	77411
10 or more, but less than 50	200	77412
50 or more, but less than 100	300	77413
100 or more	700	77414

(3)(a) As used in division (D) of this section, "synthetic	77415
minor facility" means a facility for which one or more permits to	77416
install or permits to operate have been issued for the air	77417
contaminant sources at the facility that include terms and	77418
conditions that lower the facility's potential to emit air	77419
contaminants below the major source thresholds established in	77420
rules adopted under section 3704.036 of the Revised Code.	77421

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	77422
each person who owns or operates a synthetic minor facility shall	77423
pay an annual fee based on the sum of the actual annual emissions	77424
from the facility of particulate matter, sulfur dioxide, nitrogen	77425
dioxide, organic compounds, and lead in accordance with the	77426
following schedule:	77427

Combined total tons		77428
per year of all regulated	Annual fee	77429
pollutants emitted	per facility	77430

Less than 10	$ 170	77431
10 or more, but less than 20	340	77432
20 or more, but less than 30	670	77433
30 or more, but less than 40	1,010	77434
40 or more, but less than 50	1,340	77435
50 or more, but less than 60	1,680	77436
60 or more, but less than 70	2,010	77437
70 or more, but less than 80	2,350	77438
80 or more, but less than 90	2,680	77439
90 or more, but less than 100	3,020	77440
100 or more	3,350	77441

(4) The fees assessed under division (D)(1) of this section	77442
shall be collected annually no sooner than the fifteenth day of	77443
April, commencing in 1995. The fees assessed under division (D)(2)	77444
of this section shall be collected annually no sooner than the	77445
fifteenth day of April, commencing in 2005. The fees assessed	77446
under division (D)(3) of this section shall be collected no sooner	77447
than the fifteenth day of April, commencing in 2000. The fees	77448
assessed under division (D) of this section in a calendar year	77449
shall be based upon the sum of the actual emissions of those	77450
regulated pollutants during the preceding calendar year. For the	77451
purpose of division (D) of this section, emissions of air	77452
contaminants may be calculated using engineering calculations,	77453
emission factors, material balance calculations, or performance	77454
testing procedures, as authorized by the director. The director,	77455
by rule, may require persons who are required to pay the fees	77456
assessed under division (D) of this section to pay those fees	77457
biennially rather than annually.	77458

(E)(1) Consistent with the need to cover the reasonable costs	77459
of the Title V permit program, the director annually shall	77460
increase the fees prescribed in division (B) of this section by	77461
the percentage, if any, by which the consumer price index for the	77462
most recent calendar year ending before the beginning of a year	77463
exceeds the consumer price index for calendar year 1989. Upon	77464
calculating an increase in fees authorized by division (E)(1) of	77465
this section, the director shall compile revised fee schedules for	77466
the purposes of division (B) of this section and shall make the	77467
revised schedules available to persons required to pay the fees	77468
assessed under that division and to the public.	77469

(2) For the purposes of division (E)(1) of this section:

77470

(a) The consumer price index for any year is the average of	77471
the consumer price index for all urban consumers published by the	77472
United States department of labor as of the close of the	77473
twelve-month period ending on the thirty-first day of August of	77474
that year.	77475

(b) If the 1989 consumer price index is revised, the director	77476
shall use the revision of the consumer price index that is most	77477
consistent with that for calendar year 1989.	77478

(F) Each person who is issued a permit to install pursuant to	77479
rules adopted under division (F) of section 3704.03 of the Revised	77480
Code on or after July 1, 2003, shall pay the fees specified in the	77481
following schedules:	77482

(1) Fuel-burning equipment (boilers, furnaces, or process	77483
heaters used in the process of burning fuel for the primary	77484
purpose of producing heat or power by indirect heat transfer)	77485

Input capacity (maximum)		77486
(million British thermal units per hour)	Permit to install	77487
Greater than 0, but less than 10	$ 200	77488
10 or more, but less than 100	400	77489
100 or more, but less than 300	1000	77490
300 or more, but less than 500	2250	77491
500 or more, but less than 1000	3750	77492
1000 or more, but less than 5000	6000	77493
5000 or more	9000	77494

Units burning exclusively natural gas, number two fuel oil,	77495
or both shall be assessed a fee that is one-half the applicable	77496
amount shown in division (F)(1) of this section.	77497

(2) Combustion turbines and stationary internal combustion	77498
engines designed to generate electricity	77499

Generating capacity (mega watts)	Permit to install	77500
0 or more, but less than 10	$ 25	77501
10 or more, but less than 25	150	77502
25 or more, but less than 50	300	77503
50 or more, but less than 100	500	77504
100 or more, but less than 250	1000	77505
250 or more	2000	77506

(3) Incinerators

77507

Input capacity (pounds per hour)	Permit to install	77508
0 to 100	$ 100	77509
101 to 500	500	77510
501 to 2000	1000	77511
2001 to 20,000	1500	77512
more than 20,000	3750	77513

(4)(a) Process

77514

Process weight rate (pounds per hour)	Permit to install	77515
0 to 1000	$ 200	77516
1001 to 5000	500	77517
5001 to 10,000	750	77518
10,001 to 50,000	1000	77519
more than 50,000	1250	77520

In any process where process weight rate cannot be	77521
ascertained, the minimum fee shall be assessed. A boiler, furnace,	77522
combustion turbine, stationary internal combustion engine, or	77523
process heater designed to provide direct heat or power to a	77524
process not designed to generate electricity shall be assessed a	77525
fee established in division (F)(4)(a) of this section. A	77526
combustion turbine or stationary internal combustion engine	77527
designed to generate electricity shall be assessed a fee	77528
established in division (F)(2) of this section.	77529

(b) Notwithstanding division (F)(4)(a) of this section, any	77530
person issued a permit to install pursuant to rules adopted under	77531
division (F) of section 3704.03 of the Revised Code shall pay the	77532
fees set forth in division (F)(4)(c) of this section for a process	77533
used in any of the following industries, as identified by the	77534
applicable two-digit, three-digit, or four-digit standard	77535
industrial classification code according to the Standard	77536
Industrial Classification Manual published by the United States	77537
office of management and budget in the executive office of the	77538
president, 1987, as revised:	77539

Major group 10, metal mining;

77540

Major group 12, coal mining;

77541

Major group 14, mining and quarrying of nonmetallic minerals;

77542

Industry group 204, grain mill products;

77543

2873 Nitrogen fertilizers;

77544

2874 Phosphatic fertilizers;

77545

3281 Cut stone and stone products;

77546

3295 Minerals and earth, ground or otherwise treated;

77547

4221 Grain elevators (storage only);

77548

5159 Farm related raw materials;

77549

5261 Retail nurseries and lawn and garden supply stores.

77550

(c) The fees set forth in the following schedule apply to the	77551
issuance of a permit to install pursuant to rules adopted under	77552
division (F) of section 3704.03 of the Revised Code for a process	77553
identified in division (F)(4)(b) of this section:	77554

Process weight rate (pounds per hour)	Permit to install	77555
0 to 10,000	$ 200	77556
10,001 to 50,000	400	77557
50,001 to 100,000	500	77558
100,001 to 200,000	600	77559
200,001 to 400,000	750	77560
400,001 or more	900	77561

(5) Storage tanks

77562

Gallons (maximum useful capacity)	Permit to install	77563
0 to 20,000	$ 100	77564
20,001 to 40,000	150	77565
40,001 to 100,000	250	77566
100,001 to 500,000	400	77567
500,001 or greater	750	77568

(6) Gasoline/fuel dispensing facilities

77569

For each gasoline/fuel		77570
dispensing facility (includes all	Permit to install	77571
units at the facility)	$ 100	77572

(7) Dry cleaning facilities

77573

For each dry cleaning		77574
facility (includes all units	Permit to install	77575
at the facility)	$ 100	77576

(8) Registration status

77577

For each source covered			Permit to install			77578
by registration status			$ 75			77579

(G) An owner or operator who is responsible for an asbestos	77580
demolition or renovation project pursuant to rules adopted under	77581
section 3704.03 of the Revised Code shall pay the fees set forth	77582
in the following schedule:	77583

Action	Fee	77584
Each notification	$75	77585
Asbestos removal	$3/unit	77586
Asbestos cleanup	$4/cubic yard	77587

For purposes of this division, "unit" means any combination of	77588
linear feet or square feet equal to fifty.	77589

(H) A person who is issued an extension of time for a permit	77590
to install an air contaminant source pursuant to rules adopted	77591
under division (F) of section 3704.03 of the Revised Code shall	77592
pay a fee equal to one-half the fee originally assessed for the	77593
permit to install under this section, except that the fee for such	77594
an extension shall not exceed two hundred dollars.	77595

(I) A person who is issued a modification to a permit to	77596
install an air contaminant source pursuant to rules adopted under	77597
section 3704.03 of the Revised Code shall pay a fee equal to	77598
one-half of the fee that would be assessed under this section to	77599
obtain a permit to install the source. The fee assessed by this	77600
division only applies to modifications that are initiated by the	77601
owner or operator of the source and shall not exceed two thousand	77602
dollars.	77603

(J) Notwithstanding division (F) of this section, a person	77604
who applies for or obtains a permit to install pursuant to rules	77605
adopted under division (F) of section 3704.03 of the Revised Code	77606
after the date actual construction of the source began shall pay a	77607
fee for the permit to install that is equal to twice the fee that	77608
otherwise would be assessed under the applicable division unless	77609
the applicant received authorization to begin construction under	77610
division (W) of section 3704.03 of the Revised Code. This division	77611
only applies to sources for which actual construction of the	77612
source begins on or after July 1, 1993. The imposition or payment	77613
of the fee established in this division does not preclude the	77614
director from taking any administrative or judicial enforcement	77615
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	77616
of the Revised Code, or a rule adopted under any of them, in	77617
connection with a violation of rules adopted under division (F) of	77618
section 3704.03 of the Revised Code.	77619

As used in this division, "actual construction of the source"	77620
means the initiation of physical on-site construction activities	77621
in connection with improvements to the source that are permanent	77622
in nature, including, without limitation, the installation of	77623
building supports and foundations and the laying of underground	77624
pipework.	77625

(K)(1) Money received under division (B) of this section	77626
shall be deposited in the state treasury to the credit of the	77627
Title V clean air fund created in section 3704.035 of the Revised	77628
Code. Annually, fifty cents per ton of each fee assessed under	77629
division (B) of this section on actual emissions from a source and	77630
received by the environmental protection agency pursuant to that	77631
division shall be transferred using an interstate transfer voucher	77632
to the state treasury to the credit of the small business	77633
assistance fund created in section 3706.19 of the Revised Code. In	77634
addition, annually, the amount of money necessary for the	77635
operation of the office of ombudsperson as determined under	77636
division (B) of that section shall be transferred to the state	77637
treasury to the credit of the small business ombudsperson fund	77638
created by that section.	77639

(2) Money received by the agency pursuant to divisions (D),	77640
(F), (G), (H), (I), and (J) of this section shall be deposited in	77641
the state treasury to the credit of the non-Title V clean air fund	77642
created in section 3704.035 of the Revised Code.	77643

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	77644
or (c) of this section, a person issued a water discharge permit	77645
or renewal of a water discharge permit pursuant to Chapter 6111.	77646
of the Revised Code shall pay a fee based on each point source to	77647
which the issuance is applicable in accordance with the following	77648
schedule:	77649

Design flow discharge (gallons per day)	Fee	77650
0 to 1000	$ 0	77651
1,001 to 5000	100	77652
5,001 to 50,000	200	77653
50,001 to 100,000	300	77654
100,001 to 300,000	525	77655
over 300,000	750	77656

(b) Notwithstanding the fee schedule specified in division	77657
(L)(1)(a) of this section, the fee for a water discharge permit	77658
that is applicable to coal mining operations regulated under	77659
Chapter 1513. of the Revised Code shall be two hundred fifty	77660
dollars per mine.	77661

(c) Notwithstanding the fee schedule specified in division	77662
(L)(1)(a) of this section, the fee for a water discharge permit	77663
for a public discharger identified by I in the third character of	77664
the permittee's NPDES permit number shall not exceed seven hundred	77665
fifty dollars.	77666

(2) A person applying for a plan approval for a wastewater	77667
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	77668
of the Revised Code shall pay a fee of one hundred dollars plus	77669
sixty-five one-hundredths of one per cent of the estimated project	77670
cost through June 30, ~~2014~~2016, and one hundred dollars plus	77671
two-tenths of one per cent of the estimated project cost on and	77672
after July 1, ~~2014~~2016, except that the total fee shall not	77673
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	77674
five thousand dollars on and after July 1, ~~2014~~2016. The fee	77675
shall be paid at the time the application is submitted.	77676

(3) A person issued a modification of a water discharge	77677
permit shall pay a fee equal to one-half the fee that otherwise	77678
would be charged for a water discharge permit, except that the fee	77679
for the modification shall not exceed four hundred dollars.	77680

(4) A person who has entered into an agreement with the	77681
director under section 6111.14 of the Revised Code shall pay an	77682
administrative service fee for each plan submitted under that	77683
section for approval that shall not exceed the minimum amount	77684
necessary to pay administrative costs directly attributable to	77685
processing plan approvals. The director annually shall calculate	77686
the fee and shall notify all persons who have entered into	77687
agreements under that section, or who have applied for agreements,	77688
of the amount of the fee.	77689

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	77690
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	77691
pursuant to Chapter 6111. of the Revised Code with an average	77692
daily discharge flow of five thousand gallons or more shall pay a	77693
nonrefundable annual discharge fee. Any person who fails to pay	77694
the fee at that time shall pay an additional amount that equals	77695
ten per cent of the required annual discharge fee.	77696

(ii) The billing year for the annual discharge fee	77697
established in division (L)(5)(a)(i) of this section shall consist	77698
of a twelve-month period beginning on the first day of January of	77699
the year preceding the date when the annual discharge fee is due.	77700
In the case of an existing source that permanently ceases to	77701
discharge during a billing year, the director shall reduce the	77702
annual discharge fee, including the surcharge applicable to	77703
certain industrial facilities pursuant to division (L)(5)(c) of	77704
this section, by one-twelfth for each full month during the	77705
billing year that the source was not discharging, but only if the	77706
person holding the NPDES discharge permit for the source notifies	77707
the director in writing, not later than the first day of October	77708
of the billing year, of the circumstances causing the cessation of	77709
discharge.	77710

(iii) The annual discharge fee established in division	77711
(L)(5)(a)(i) of this section, except for the surcharge applicable	77712
to certain industrial facilities pursuant to division (L)(5)(c) of	77713
this section, shall be based upon the average daily discharge flow	77714
in gallons per day calculated using first day of May through	77715
thirty-first day of October flow data for the period two years	77716
prior to the date on which the fee is due. In the case of NPDES	77717
discharge permits for new sources, the fee shall be calculated	77718
using the average daily design flow of the facility until actual	77719
average daily discharge flow values are available for the time	77720
period specified in division (L)(5)(a)(iii) of this section. The	77721
annual discharge fee may be prorated for a new source as described	77722
in division (L)(5)(a)(ii) of this section.	77723

(b) An NPDES permit holder that is a public discharger shall	77724
pay the fee specified in the following schedule:	77725

Average daily	Fee due by	77726
discharge flow	January 30,	77727
	~~2012~~ 2014, and	77728
	January 30, ~~2013~~ 2015	77729

5,000 to 49,999	$ 200	77730
50,000 to 100,000	500	77731
100,001 to 250,000	1,050	77732
250,001 to 1,000,000	2,600	77733
1,000,001 to 5,000,000	5,200	77734
5,000,001 to 10,000,000	10,350	77735
10,000,001 to 20,000,000	15,550	77736
20,000,001 to 50,000,000	25,900	77737
50,000,001 to 100,000,000	41,400	77738
100,000,001 or more	62,100	77739

Public dischargers owning or operating two or more publicly	77740
owned treatment works serving the same political subdivision, as	77741
"treatment works" is defined in section 6111.01 of the Revised	77742
Code, and that serve exclusively political subdivisions having a	77743
population of fewer than one hundred thousand shall pay an annual	77744
discharge fee under division (L)(5)(b) of this section that is	77745
based on the combined average daily discharge flow of the	77746
treatment works.	77747

(c) An NPDES permit holder that is an industrial discharger,	77748
other than a coal mining operator identified by P in the third	77749
character of the permittee's NPDES permit number, shall pay the	77750
fee specified in the following schedule:	77751

Average daily	Fee due by	77752
discharge flow	January 30,	77753
	~~2012~~ 2014, and	77754
	January 30, ~~2013~~ 2015	77755

5,000 to 49,999	$ 250	77756
50,000 to 250,000	1,200	77757
250,001 to 1,000,000	2,950	77758
1,000,001 to 5,000,000	5,850	77759
5,000,001 to 10,000,000	8,800	77760
10,000,001 to 20,000,000	11,700	77761
20,000,001 to 100,000,000	14,050	77762
100,000,001 to 250,000,000	16,400	77763
250,000,001 or more	18,700	77764

In addition to the fee specified in the above schedule, an	77765
NPDES permit holder that is an industrial discharger classified as	77766
a major discharger during all or part of the annual discharge fee	77767
billing year specified in division (L)(5)(a)(ii) of this section	77768
shall pay a nonrefundable annual surcharge of seven thousand five	77769
hundred dollars not later than January 30, ~~2012~~2014, and not	77770
later than January 30, ~~2013~~2015. Any person who fails to pay the	77771
surcharge at that time shall pay an additional amount that equals	77772
ten per cent of the amount of the surcharge.	77773

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	77774
section, a public discharger identified by I in the third	77775
character of the permittee's NPDES permit number and an industrial	77776
discharger identified by I, J, L, V, W, X, Y, or Z in the third	77777
character of the permittee's NPDES permit number shall pay a	77778
nonrefundable annual discharge fee of one hundred eighty dollars	77779
not later than January 30, ~~2012~~2014, and not later than January	77780
30, ~~2013~~2015. Any person who fails to pay the fee at that time	77781
shall pay an additional amount that equals ten per cent of the	77782
required fee.	77783

(6) Each person obtaining a national pollutant discharge	77784
elimination system general or individual permit for municipal	77785
storm water discharge shall pay a nonrefundable storm water	77786
discharge fee of one hundred dollars per square mile of area	77787
permitted. The fee shall not exceed ten thousand dollars and shall	77788
be payable on or before January 30, 2004, and the thirtieth day of	77789
January of each year thereafter. Any person who fails to pay the	77790
fee on the date specified in division (L)(6) of this section shall	77791
pay an additional amount per year equal to ten per cent of the	77792
annual fee that is unpaid.	77793

(7) The director shall transmit all moneys collected under	77794
division (L) of this section to the treasurer of state for deposit	77795
into the state treasury to the credit of the surface water	77796
protection fund created in section 6111.038 of the Revised Code.	77797

(8) As used in division (L) of this section:

77798

(a) "NPDES" means the federally approved national pollutant	77799
discharge elimination system program for issuing, modifying,	77800
revoking, reissuing, terminating, monitoring, and enforcing	77801
permits and imposing and enforcing pretreatment requirements under	77802
Chapter 6111. of the Revised Code and rules adopted under it.	77803

(b) "Public discharger" means any holder of an NPDES permit	77804
identified by P in the second character of the NPDES permit number	77805
assigned by the director.	77806

(c) "Industrial discharger" means any holder of an NPDES	77807
permit identified by I in the second character of the NPDES permit	77808
number assigned by the director.	77809

(d) "Major discharger" means any holder of an NPDES permit	77810
classified as major by the regional administrator of the United	77811
States environmental protection agency in conjunction with the	77812
director.	77813

(M) Through June 30, ~~2014~~2016, a person applying for a	77814
license or license renewal to operate a public water system under	77815
section 6109.21 of the Revised Code shall pay the appropriate fee	77816
established under this division at the time of application to the	77817
director. Any person who fails to pay the fee at that time shall	77818
pay an additional amount that equals ten per cent of the required	77819
fee. The director shall transmit all moneys collected under this	77820
division to the treasurer of state for deposit into the drinking	77821
water protection fund created in section 6109.30 of the Revised	77822
Code.	77823

Except as provided in ~~division~~divisions (M)(4) and (5) of	77824
this section, fees required under this division shall be	77825
calculated and paid in accordance with the following schedule:	77826

(1) For the initial license required under section 6109.21 of	77827
the Revised Code for any public water system that is a community	77828
water system as defined in section 6109.01 of the Revised Code,	77829
and for each license renewal required for such a system prior to	77830
January 31, ~~2014~~2016, the fee is:	77831

Number of service connections		Fee amount	77832
	Not more than 49	$ 112	77833
	50 to 99	176	77834

Number of service connections		Average cost per connection	77835
	100 to 2,499	$ 1.92	77836
	2,500 to 4,999	1.48	77837
	5,000 to 7,499	1.42	77838
	7,500 to 9,999	1.34	77839
	10,000 to 14,999	1.16	77840
	15,000 to 24,999	1.10	77841
	25,000 to 49,999	1.04	77842
	50,000 to 99,999	.92	77843
	100,000 to 149,999	.86	77844
	150,000 to 199,999	.80	77845
	200,000 or more	.76	77846

A public water system may determine how it will pay the total	77847
amount of the fee calculated under division (M)(1) of this	77848
section, including the assessment of additional user fees that may	77849
be assessed on a volumetric basis.	77850

As used in division (M)(1) of this section, "service	77851
connection" means the number of active or inactive pipes,	77852
goosenecks, pigtails, and any other fittings connecting a water	77853
main to any building outlet.	77854

(2) For the initial license required under section 6109.21 of	77855
the Revised Code for any public water system that is not a	77856
community water system and serves a nontransient population, and	77857
for each license renewal required for such a system prior to	77858
January 31, ~~2014~~2016, the fee is:	77859

Population served	Fee amount	77860
Fewer than 150	$ 112	77861
150 to 299	176	77862
300 to 749	384	77863
750 to 1,499	628	77864
1,500 to 2,999	1,268	77865
3,000 to 7,499	2,816	77866
7,500 to 14,999	5,510	77867
15,000 to 22,499	9,048	77868
22,500 to 29,999	12,430	77869
30,000 or more	16,820	77870

As used in division (M)(2) of this section, "population	77871
served" means the total number of individuals having access to the	77872
water supply during a twenty-four-hour period for at least sixty	77873
days during any calendar year. In the absence of a specific	77874
population count, that number shall be calculated at the rate of	77875
three individuals per service connection.	77876

(3) For the initial license required under section 6109.21 of	77877
the Revised Code for any public water system that is not a	77878
community water system and serves a transient population, and for	77879
each license renewal required for such a system prior to January	77880
31, ~~2014~~2016, the fee is:	77881

Number of wells or sources, other than surface water, supplying system		Fee amount	77882
	1	$112	77883
	2	112	77884
	3	176	77885
	4	278	77886
	5	568	77887
	System designated as using a		77888
	surface water source	792	77889

As used in division (M)(3) of this section, "number of wells	77890
or sources, other than surface water, supplying system" means	77891
those wells or sources that are physically connected to the	77892
plumbing system serving the public water system.	77893

(4) A public water system designated as using a surface water	77894
source shall pay a fee of seven hundred ninety-two dollars or the	77895
amount calculated under division (M)(1) or (2) of this section,	77896
whichever is greater.	77897

(5) An applicant for an initial license who is proposing to	77898
operate a new public water supply system shall submit a fee that	77899
equals a prorated amount of the appropriate fee for the remainder	77900
of the licensing year.	77901

(N)(1) A person applying for a plan approval for a public	77902
water supply system under section 6109.07 of the Revised Code	77903
shall pay a fee of one hundred fifty dollars plus thirty-five	77904
hundredths of one per cent of the estimated project cost, except	77905
that the total fee shall not exceed twenty thousand dollars	77906
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	77907
after July 1, ~~2014~~2016. The fee shall be paid at the time the	77908
application is submitted.	77909

(2) A person who has entered into an agreement with the	77910
director under division (A)(2) of section 6109.07 of the Revised	77911
Code shall pay an administrative service fee for each plan	77912
submitted under that section for approval that shall not exceed	77913
the minimum amount necessary to pay administrative costs directly	77914
attributable to processing plan approvals. The director annually	77915
shall calculate the fee and shall notify all persons that have	77916
entered into agreements under that division, or who have applied	77917
for agreements, of the amount of the fee.	77918

(3) Through June 30, ~~2014~~2016, the following fee, on a per	77919
survey basis, shall be charged any person for services rendered by	77920
the state in the evaluation of laboratories and laboratory	77921
personnel for compliance with accepted analytical techniques and	77922
procedures established pursuant to Chapter 6109. of the Revised	77923
Code for determining the qualitative characteristics of water:	77924

microbiological			77925
	MMO-MUG	$2,000	77926
	MF	2,100	77927
	MMO-MUG and MF	2,550	77928
organic chemical		5,400	77929
trace metals		5,400	77930
standard chemistry		2,800	77931
limited chemistry		1,550	77932

On and after July 1, ~~2014~~2016, the following fee, on a per	77933
survey basis, shall be charged any such person:	77934

microbiological	$ 1,650	77935
organic chemicals	3,500	77936
trace metals	3,500	77937
standard chemistry	1,800	77938
limited chemistry	1,000	77939

The fee for those services shall be paid at the time the request	77940
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	77941
laboratory shall not be assessed a fee under this division more	77942
than once in any three-year period unless the person requests the	77943
addition of analytical methods or analysts, in which case the	77944
person shall pay eighteen hundred dollars for each additional	77945
survey requested.	77946

As used in division (N)(3) of this section:

77947

(a) "MF" means microfiltration.

77948

(b) "MMO" means minimal medium ONPG.

77949

77950

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

77951

The director shall transmit all moneys collected under this	77952
division to the treasurer of state for deposit into the drinking	77953
water protection fund created in section 6109.30 of the Revised	77954
Code.	77955

(O) Any person applying to the director to take an	77956
examination for certification as an operator of a water supply	77957
system or wastewater system under Chapter 6109. or 6111. of the	77958
Revised Code that is administered by the director, at the time the	77959
application is submitted, shall pay a fee in accordance with the	77960
following schedule through November 30, ~~2014~~2016:	77961

Class A operator	$ 80	77962
Class I operator	105	77963
Class II operator	120	77964
Class III operator	130	77965
Class IV operator	145	77966

On and after December 1, ~~2014~~2016, the applicant shall pay a	77967
fee in accordance with the following schedule:	77968

Class A operator	$ 50	77969
Class I operator	70	77970
Class II operator	80	77971
Class III operator	90	77972
Class IV operator	100	77973

Any person applying to the director for certification as an	77974
operator of a water supply system or wastewater system who has	77975
passed an examination administered by an examination provider	77976
approved by the director shall pay a certification fee of	77977
forty-five dollars.	77978

A person shall pay a biennial certification renewal fee for	77979
each applicable class of certification in accordance with the	77980
following schedule:	77981

Class A operator	$25	77982
Class I operator	35	77983
Class II operator	45	77984
Class III operator	55	77985
Class IV operator	65	77986

If a certification renewal fee is received by the director	77987
more than thirty days, but not more than one year after the	77988
expiration date of the certification, the person shall pay a	77989
certification renewal fee in accordance with the following	77990
schedule:	77991

Class A operator	$45	77992
Class I operator	55	77993
Class II operator	65	77994
Class III operator	75	77995
Class IV operator	85	77996

A person who requests a replacement certificate shall pay a	77997
fee of twenty-five dollars at the time the request is made.	77998

Any person applying to be a water supply system or wastewater	77999
treatment system examination provider shall pay an application fee	78000
of five hundred dollars. Any person approved by the director as a	78001
water supply system or wastewater treatment system examination	78002
provider shall pay an annual fee that is equal to ten per cent of	78003
the fees that the provider assesses and collects for administering	78004
water supply system or wastewater treatment system certification	78005
examinations in this state for the calendar year. The fee shall be	78006
paid not later than forty-five days after the end of a calendar	78007
year.	78008

The director shall transmit all moneys collected under this	78009
division to the treasurer of state for deposit into the drinking	78010
water protection fund created in section 6109.30 of the Revised	78011
Code.	78012

(P) Any person submitting an application for an industrial	78013
water pollution control certificate under section 6111.31 of the	78014
Revised Code, as that section existed before its repeal by H.B. 95	78015
of the 125th general assembly, shall pay a nonrefundable fee of	78016
five hundred dollars at the time the application is submitted. The	78017
director shall transmit all moneys collected under this division	78018
to the treasurer of state for deposit into the surface water	78019
protection fund created in section 6111.038 of the Revised Code. A	78020
person paying a certificate fee under this division shall not pay	78021
an application fee under division (S)(1) of this section. On and	78022
after June 26, 2003, persons shall file such applications and pay	78023
the fee as required under sections 5709.20 to 5709.27 of the	78024
Revised Code, and proceeds from the fee shall be credited as	78025
provided in section 5709.212 of the Revised Code.	78026

(Q) Except as otherwise provided in division (R) of this	78027
section, a person issued a permit by the director for a new solid	78028
waste disposal facility other than an incineration or composting	78029
facility, a new infectious waste treatment facility other than an	78030
incineration facility, or a modification of such an existing	78031
facility that includes an increase in the total disposal or	78032
treatment capacity of the facility pursuant to Chapter 3734. of	78033
the Revised Code shall pay a fee of ten dollars per thousand cubic	78034
yards of disposal or treatment capacity, or one thousand dollars,	78035
whichever is greater, except that the total fee for any such	78036
permit shall not exceed eighty thousand dollars. A person issued a	78037
modification of a permit for a solid waste disposal facility or an	78038
infectious waste treatment facility that does not involve an	78039
increase in the total disposal or treatment capacity of the	78040
facility shall pay a fee of one thousand dollars. A person issued	78041
a permit to install a new, or modify an existing, solid waste	78042
transfer facility under that chapter shall pay a fee of two	78043
thousand five hundred dollars. A person issued a permit to install	78044
a new or to modify an existing solid waste incineration or	78045
composting facility, or an existing infectious waste treatment	78046
facility using incineration as its principal method of treatment,	78047
under that chapter shall pay a fee of one thousand dollars. The	78048
increases in the permit fees under this division resulting from	78049
the amendments made by Amended Substitute House Bill 592 of the	78050
117th general assembly do not apply to any person who submitted an	78051
application for a permit to install a new, or modify an existing,	78052
solid waste disposal facility under that chapter prior to	78053
September 1, 1987; any such person shall pay the permit fee	78054
established in this division as it existed prior to June 24, 1988.	78055
In addition to the applicable permit fee under this division, a	78056
person issued a permit to install or modify a solid waste facility	78057
or an infectious waste treatment facility under that chapter who	78058
fails to pay the permit fee to the director in compliance with	78059
division (V) of this section shall pay an additional ten per cent	78060
of the amount of the fee for each week that the permit fee is	78061
late.	78062

Permit and late payment fees paid to the director under this	78063
division shall be credited to the general revenue fund.	78064

(R)(1) A person issued a registration certificate for a scrap	78065
tire collection facility under section 3734.75 of the Revised Code	78066
shall pay a fee of two hundred dollars, except that if the	78067
facility is owned or operated by a motor vehicle salvage dealer	78068
licensed under Chapter 4738. of the Revised Code, the person shall	78069
pay a fee of twenty-five dollars.	78070

(2) A person issued a registration certificate for a new	78071
scrap tire storage facility under section 3734.76 of the Revised	78072
Code shall pay a fee of three hundred dollars, except that if the	78073
facility is owned or operated by a motor vehicle salvage dealer	78074
licensed under Chapter 4738. of the Revised Code, the person shall	78075
pay a fee of twenty-five dollars.	78076

(3) A person issued a permit for a scrap tire storage	78077
facility under section 3734.76 of the Revised Code shall pay a fee	78078
of one thousand dollars, except that if the facility is owned or	78079
operated by a motor vehicle salvage dealer licensed under Chapter	78080
4738. of the Revised Code, the person shall pay a fee of fifty	78081
dollars.	78082

(4) A person issued a permit for a scrap tire monocell or	78083
monofill facility under section 3734.77 of the Revised Code shall	78084
pay a fee of ten dollars per thousand cubic yards of disposal	78085
capacity or one thousand dollars, whichever is greater, except	78086
that the total fee for any such permit shall not exceed eighty	78087
thousand dollars.	78088

(5) A person issued a registration certificate for a scrap	78089
tire recovery facility under section 3734.78 of the Revised Code	78090
shall pay a fee of one hundred dollars.	78091

(6) A person issued a permit for a scrap tire recovery	78092
facility under section 3734.78 of the Revised Code shall pay a fee	78093
of one thousand dollars.	78094

(7) In addition to the applicable registration certificate or	78095
permit fee under divisions (R)(1) to (6) of this section, a person	78096
issued a registration certificate or permit for any such scrap	78097
tire facility who fails to pay the registration certificate or	78098
permit fee to the director in compliance with division (V) of this	78099
section shall pay an additional ten per cent of the amount of the	78100
fee for each week that the fee is late.	78101

(8) The registration certificate, permit, and late payment	78102
fees paid to the director under divisions (R)(1) to (7) of this	78103
section shall be credited to the scrap tire management fund	78104
created in section 3734.82 of the Revised Code.	78105

(S)(1) Except as provided by divisions (L), (M), (N), (O),	78106
(P), and (S)(2) of this section, division (A)(2) of section	78107
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	78108
and rules adopted under division (T)(1) of this section, any	78109
person applying for a registration certificate under section	78110
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	78111
variance, or plan approval under Chapter 3734. of the Revised Code	78112
shall pay a nonrefundable fee of fifteen dollars at the time the	78113
application is submitted.	78114

Except as otherwise provided, any person applying for a	78115
permit, variance, or plan approval under Chapter 6109. or 6111. of	78116
the Revised Code shall pay a nonrefundable fee of one hundred	78117
dollars at the time the application is submitted through June 30,	78118
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	78119
the application is submitted on and after July 1, ~~2014~~2016.	78120
Except as provided in division (S)(3) of this section, through	78121
June 30, ~~2014~~2016, any person applying for a national pollutant	78122
discharge elimination system permit under Chapter 6111. of the	78123
Revised Code shall pay a nonrefundable fee of two hundred dollars	78124
at the time of application for the permit. On and after July 1,	78125
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	78126
dollars at the time of application.	78127

In addition to the application fee established under division	78128
(S)(1) of this section, any person applying for a national	78129
pollutant discharge elimination system general storm water	78130
construction permit shall pay a nonrefundable fee of twenty	78131
dollars per acre for each acre that is permitted above five acres	78132
at the time the application is submitted. However, the per acreage	78133
fee shall not exceed three hundred dollars. In addition, any	78134
person applying for a national pollutant discharge elimination	78135
system general storm water industrial permit shall pay a	78136
nonrefundable fee of one hundred fifty dollars at the time the	78137
application is submitted.	78138

The director shall transmit all moneys collected under	78139
division (S)(1) of this section pursuant to Chapter 6109. of the	78140
Revised Code to the treasurer of state for deposit into the	78141
drinking water protection fund created in section 6109.30 of the	78142
Revised Code.	78143

The director shall transmit all moneys collected under	78144
division (S)(1) of this section pursuant to Chapter 6111. of the	78145
Revised Code and under division (S)(3) of this section to the	78146
treasurer of state for deposit into the surface water protection	78147
fund created in section 6111.038 of the Revised Code.	78148

If a registration certificate is issued under section	78149
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	78150
the application fee paid shall be deducted from the amount of the	78151
registration certificate fee due under division (R)(1), (2), or	78152
(5) of this section, as applicable.	78153

If a person submits an electronic application for a	78154
registration certificate, permit, variance, or plan approval for	78155
which an application fee is established under division (S)(1) of	78156
this section, the person shall pay the applicable application fee	78157
as expeditiously as possible after the submission of the	78158
electronic application. An application for a registration	78159
certificate, permit, variance, or plan approval for which an	78160
application fee is established under division (S)(1) of this	78161
section shall not be reviewed or processed until the applicable	78162
application fee, and any other fees established under this	78163
division, are paid.	78164

(2) Division (S)(1) of this section does not apply to an	78165
application for a registration certificate for a scrap tire	78166
collection or storage facility submitted under section 3734.75 or	78167
3734.76 of the Revised Code, as applicable, if the owner or	78168
operator of the facility or proposed facility is a motor vehicle	78169
salvage dealer licensed under Chapter 4738. of the Revised Code.	78170

(3) A person applying for coverage under a national pollutant	78171
discharge elimination system general discharge permit for	78172
household sewage treatment systems shall pay the following fees:	78173

(a) A nonrefundable fee of two hundred dollars at the time of	78174
application for initial permit coverage;	78175

(b) A nonrefundable fee of one hundred dollars at the time of	78176
application for a renewal of permit coverage.	78177

(T) The director may adopt, amend, and rescind rules in	78178
accordance with Chapter 119. of the Revised Code that do all of	78179
the following:	78180

(1) Prescribe fees to be paid by applicants for and holders	78181
of any license, permit, variance, plan approval, or certification	78182
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	78183
the Revised Code that are not specifically established in this	78184
section. The fees shall be designed to defray the cost of	78185
processing, issuing, revoking, modifying, denying, and enforcing	78186
the licenses, permits, variances, plan approvals, and	78187
certifications.	78188

The director shall transmit all moneys collected under rules	78189
adopted under division (T)(1) of this section pursuant to Chapter	78190
6109. of the Revised Code to the treasurer of state for deposit	78191
into the drinking water protection fund created in section 6109.30	78192
of the Revised Code.	78193

The director shall transmit all moneys collected under rules	78194
adopted under division (T)(1) of this section pursuant to Chapter	78195
6111. of the Revised Code to the treasurer of state for deposit	78196
into the surface water protection fund created in section 6111.038	78197
of the Revised Code.	78198

(2) Exempt the state and political subdivisions thereof,	78199
including education facilities or medical facilities owned by the	78200
state or a political subdivision, or any person exempted from	78201
taxation by section 5709.07 or 5709.12 of the Revised Code, from	78202
any fee required by this section;	78203

(3) Provide for the waiver of any fee, or any part thereof,	78204
otherwise required by this section whenever the director	78205
determines that the imposition of the fee would constitute an	78206
unreasonable cost of doing business for any applicant, class of	78207
applicants, or other person subject to the fee;	78208

(4) Prescribe measures that the director considers necessary	78209
to carry out this section.	78210

(U) When the director reasonably demonstrates that the direct	78211
cost to the state associated with the issuance of a permit to	78212
install, license, variance, plan approval, or certification	78213
exceeds the fee for the issuance or review specified by this	78214
section, the director may condition the issuance or review on the	78215
payment by the person receiving the issuance or review of, in	78216
addition to the fee specified by this section, the amount, or any	78217
portion thereof, in excess of the fee specified under this	78218
section. The director shall not so condition issuances for which a	78219
fee is prescribed in division (L)(1)(b) of this section.	78220

(V) Except as provided in divisions (L), (M), and (P) of this	78221
section or unless otherwise prescribed by a rule of the director	78222
adopted pursuant to Chapter 119. of the Revised Code, all fees	78223
required by this section are payable within thirty days after the	78224
issuance of an invoice for the fee by the director or the	78225
effective date of the issuance of the license, permit, variance,	78226
plan approval, or certification. If payment is late, the person	78227
responsible for payment of the fee shall pay an additional ten per	78228
cent of the amount due for each month that it is late.	78229

(W) As used in this section, "fuel-burning equipment,"	78230
"fuel-burning equipment input capacity," "incinerator,"	78231
"incinerator input capacity," "process," "process weight rate,"	78232
"storage tank," "gasoline dispensing facility," "dry cleaning	78233
facility," "design flow discharge," and "new source treatment	78234
works" have the meanings ascribed to those terms by applicable	78235
rules or standards adopted by the director under Chapter 3704. or	78236
6111. of the Revised Code.	78237

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	78238
(J) of this section, and in any other provision of this section	78239
pertaining to fees paid pursuant to Chapter 3704. of the Revised	78240
Code:	78241

(1) "Facility," "federal Clean Air Act," "person," and "Title	78242
V permit" have the same meanings as in section 3704.01 of the	78243
Revised Code.	78244

(2) "Title V permit program" means the following activities	78245
as necessary to meet the requirements of Title V of the federal	78246
Clean Air Act and 40 C.F.R. part 70, including at least:	78247

(a) Preparing and adopting, if applicable, generally	78248
applicable rules or guidance regarding the permit program or its	78249
implementation or enforcement;	78250

(b) Reviewing and acting on any application for a Title V	78251
permit, permit revision, or permit renewal, including the	78252
development of an applicable requirement as part of the processing	78253
of a permit, permit revision, or permit renewal;	78254

(c) Administering the permit program, including the	78255
supporting and tracking of permit applications, compliance	78256
certification, and related data entry;	78257

(d) Determining which sources are subject to the program and	78258
implementing and enforcing the terms of any Title V permit, not	78259
including any court actions or other formal enforcement actions;	78260

(e) Emission and ambient monitoring;

78261

(f) Modeling, analyses, or demonstrations;

78262

(g) Preparing inventories and tracking emissions;

78263

(h) Providing direct and indirect support to small business	78264
stationary sources to determine and meet their obligations under	78265
the federal Clean Air Act pursuant to the small business	78266
stationary source technical and environmental compliance	78267
assistance program required by section 507 of that act and	78268
established in sections 3704.18, 3704.19, and 3706.19 of the	78269
Revised Code.	78270

(3) "Organic compound" means any chemical compound of carbon,	78271
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic	78272
carbides or carbonates, and ammonium carbonate.	78273

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	78274
of this section, each sewage sludge facility shall pay a	78275
nonrefundable annual sludge fee equal to three dollars and fifty	78276
cents per dry ton of sewage sludge, including the dry tons of	78277
sewage sludge in materials derived from sewage sludge, that the	78278
sewage sludge facility treats or disposes of in this state. The	78279
annual volume of sewage sludge treated or disposed of by a sewage	78280
sludge facility shall be calculated using the first day of January	78281
through the thirty-first day of December of the calendar year	78282
preceding the date on which payment of the fee is due.	78283

(2)(a) Except as provided in division (Y)(2)(d) of this	78284
section, each sewage sludge facility shall pay a minimum annual	78285
sewage sludge fee of one hundred dollars.	78286

(b) The annual sludge fee required to be paid by a sewage	78287
sludge facility that treats or disposes of exceptional quality	78288
sludge in this state shall be thirty-five per cent less per dry	78289
ton of exceptional quality sludge than the fee assessed under	78290
division (Y)(1) of this section, subject to the following	78291
exceptions:	78292

(i) Except as provided in division (Y)(2)(d) of this section,	78293
a sewage sludge facility that treats or disposes of exceptional	78294
quality sludge shall pay a minimum annual sewage sludge fee of one	78295
hundred dollars.	78296

(ii) A sewage sludge facility that treats or disposes of	78297
exceptional quality sludge shall not be required to pay the annual	78298
sludge fee for treatment or disposal in this state of exceptional	78299
quality sludge generated outside of this state and contained in	78300
bags or other containers not greater than one hundred pounds in	78301
capacity.	78302

A thirty-five per cent reduction for exceptional quality	78303
sludge applies to the maximum annual fees established under	78304
division (Y)(3) of this section.	78305

(c) A sewage sludge facility that transfers sewage sludge to	78306
another sewage sludge facility in this state for further treatment	78307
prior to disposal in this state shall not be required to pay the	78308
annual sludge fee for the tons of sewage sludge that have been	78309
transferred. In such a case, the sewage sludge facility that	78310
disposes of the sewage sludge shall pay the annual sludge fee.	78311
However, the facility transferring the sewage sludge shall pay the	78312
one-hundred-dollar minimum fee required under division (Y)(2)(a)	78313
of this section.	78314

In the case of a sewage sludge facility that treats sewage	78315
sludge in this state and transfers it out of this state to another	78316
entity for disposal, the sewage sludge facility in this state	78317
shall be required to pay the annual sludge fee for the tons of	78318
sewage sludge that have been transferred.	78319

(d) A sewage sludge facility that generates sewage sludge	78320
resulting from an average daily discharge flow of less than five	78321
thousand gallons per day is not subject to the fees assessed under	78322
division (Y) of this section.	78323

(3) No sewage sludge facility required to pay the annual	78324
sludge fee shall be required to pay more than the maximum annual	78325
fee for each disposal method that the sewage sludge facility uses.	78326
The maximum annual fee does not include the additional amount that	78327
may be charged under division (Y)(5) of this section for late	78328
payment of the annual sludge fee. The maximum annual fee for the	78329
following methods of disposal of sewage sludge is as follows:	78330

(a) Incineration: five thousand dollars;

78331

(b) Preexisting land reclamation project or disposal in a	78332
landfill: five thousand dollars;	78333

(c) Land application, land reclamation, surface disposal, or	78334
any other disposal method not specified in division (Y)(3)(a) or	78335
(b) of this section: twenty thousand dollars.	78336

(4)(a) In the case of an entity that generates sewage sludge	78337
or a sewage sludge facility that treats sewage sludge and	78338
transfers the sewage sludge to an incineration facility for	78339
disposal, the incineration facility, and not the entity generating	78340
the sewage sludge or the sewage sludge facility treating the	78341
sewage sludge, shall pay the annual sludge fee for the tons of	78342
sewage sludge that are transferred. However, the entity or	78343
facility generating or treating the sewage sludge shall pay the	78344
one-hundred-dollar minimum fee required under division (Y)(2)(a)	78345
of this section.	78346

(b) In the case of an entity that generates sewage sludge and	78347
transfers the sewage sludge to a landfill for disposal or to a	78348
sewage sludge facility for land reclamation or surface disposal,	78349
the entity generating the sewage sludge, and not the landfill or	78350
sewage sludge facility, shall pay the annual sludge fee for the	78351
tons of sewage sludge that are transferred.	78352

(5) Not later than the first day of April of the calendar	78353
year following March 17, 2000, and each first day of April	78354
thereafter, the director shall issue invoices to persons who are	78355
required to pay the annual sludge fee. The invoice shall identify	78356
the nature and amount of the annual sludge fee assessed and state	78357
the first day of May as the deadline for receipt by the director	78358
of objections regarding the amount of the fee and the first day of	78359
July as the deadline for payment of the fee.	78360

Not later than the first day of May following receipt of an	78361
invoice, a person required to pay the annual sludge fee may submit	78362
objections to the director concerning the accuracy of information	78363
regarding the number of dry tons of sewage sludge used to	78364
calculate the amount of the annual sludge fee or regarding whether	78365
the sewage sludge qualifies for the exceptional quality sludge	78366
discount established in division (Y)(2)(b) of this section. The	78367
director may consider the objections and adjust the amount of the	78368
fee to ensure that it is accurate.	78369

If the director does not adjust the amount of the annual	78370
sludge fee in response to a person's objections, the person may	78371
appeal the director's determination in accordance with Chapter	78372
119. of the Revised Code.	78373

Not later than the first day of June, the director shall	78374
notify the objecting person regarding whether the director has	78375
found the objections to be valid and the reasons for the finding.	78376
If the director finds the objections to be valid and adjusts the	78377
amount of the annual sludge fee accordingly, the director shall	78378
issue with the notification a new invoice to the person	78379
identifying the amount of the annual sludge fee assessed and	78380
stating the first day of July as the deadline for payment.	78381

Not later than the first day of July, any person who is	78382
required to do so shall pay the annual sludge fee. Any person who	78383
is required to pay the fee, but who fails to do so on or before	78384
that date shall pay an additional amount that equals ten per cent	78385
of the required annual sludge fee.	78386

(6) The director shall transmit all moneys collected under	78387
division (Y) of this section to the treasurer of state for deposit	78388
into the surface water protection fund created in section 6111.038	78389
of the Revised Code. The moneys shall be used to defray the costs	78390
of administering and enforcing provisions in Chapter 6111. of the	78391
Revised Code and rules adopted under it that govern the use,	78392
storage, treatment, or disposal of sewage sludge.	78393

(7) Beginning in fiscal year 2001, and every two years	78394
thereafter, the director shall review the total amount of moneys	78395
generated by the annual sludge fees to determine if that amount	78396
exceeded six hundred thousand dollars in either of the two	78397
preceding fiscal years. If the total amount of moneys in the fund	78398
exceeded six hundred thousand dollars in either fiscal year, the	78399
director, after review of the fee structure and consultation with	78400
affected persons, shall issue an order reducing the amount of the	78401
fees levied under division (Y) of this section so that the	78402
estimated amount of moneys resulting from the fees will not exceed	78403
six hundred thousand dollars in any fiscal year.	78404

If, upon review of the fees under division (Y)(7) of this	78405
section and after the fees have been reduced, the director	78406
determines that the total amount of moneys collected and	78407
accumulated is less than six hundred thousand dollars, the	78408
director, after review of the fee structure and consultation with	78409
affected persons, may issue an order increasing the amount of the	78410
fees levied under division (Y) of this section so that the	78411
estimated amount of moneys resulting from the fees will be	78412
approximately six hundred thousand dollars. Fees shall never be	78413
increased to an amount exceeding the amount specified in division	78414
(Y)(7) of this section.	78415

Notwithstanding section 119.06 of the Revised Code, the	78416
director may issue an order under division (Y)(7) of this section	78417
without the necessity to hold an adjudicatory hearing in	78418
connection with the order. The issuance of an order under this	78419
division is not an act or action for purposes of section 3745.04	78420
of the Revised Code.	78421

(8) As used in division (Y) of this section:

78422

(a) "Sewage sludge facility" means an entity that performs	78423
treatment on or is responsible for the disposal of sewage sludge.	78424

(b) "Sewage sludge" means a solid, semi-solid, or liquid	78425
residue generated during the treatment of domestic sewage in a	78426
treatment works as defined in section 6111.01 of the Revised Code.	78427
"Sewage sludge" includes, but is not limited to, scum or solids	78428
removed in primary, secondary, or advanced wastewater treatment	78429
processes. "Sewage sludge" does not include ash generated during	78430
the firing of sewage sludge in a sewage sludge incinerator, grit	78431
and screenings generated during preliminary treatment of domestic	78432
sewage in a treatment works, animal manure, residue generated	78433
during treatment of animal manure, or domestic septage.	78434

(c) "Exceptional quality sludge" means sewage sludge that	78435
meets all of the following qualifications:	78436

(i) Satisfies the class A pathogen standards in 40 C.F.R.	78437
503.32(a);	78438

(ii) Satisfies one of the vector attraction reduction	78439
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	78440

(iii) Does not exceed the ceiling concentration limitations	78441
for metals listed in table one of 40 C.F.R. 503.13;	78442

(iv) Does not exceed the concentration limitations for metals	78443
listed in table three of 40 C.F.R. 503.13.	78444

(d) "Treatment" means the preparation of sewage sludge for	78445
final use or disposal and includes, but is not limited to,	78446
thickening, stabilization, and dewatering of sewage sludge.	78447

(e) "Disposal" means the final use of sewage sludge,	78448
including, but not limited to, land application, land reclamation,	78449
surface disposal, or disposal in a landfill or an incinerator.	78450

(f) "Land application" means the spraying or spreading of	78451
sewage sludge onto the land surface, the injection of sewage	78452
sludge below the land surface, or the incorporation of sewage	78453
sludge into the soil for the purposes of conditioning the soil or	78454
fertilizing crops or vegetation grown in the soil.	78455

(g) "Land reclamation" means the returning of disturbed land	78456
to productive use.	78457

(h) "Surface disposal" means the placement of sludge on an	78458
area of land for disposal, including, but not limited to,	78459
monofills, surface impoundments, lagoons, waste piles, or	78460
dedicated disposal sites.	78461

(i) "Incinerator" means an entity that disposes of sewage	78462
sludge through the combustion of organic matter and inorganic	78463
matter in sewage sludge by high temperatures in an enclosed	78464
device.	78465

(j) "Incineration facility" includes all incinerators owned	78466
or operated by the same entity and located on a contiguous tract	78467
of land. Areas of land are considered to be contiguous even if	78468
they are separated by a public road or highway.	78469

(k) "Annual sludge fee" means the fee assessed under division	78470
(Y)(1) of this section.	78471

(l) "Landfill" means a sanitary landfill facility, as defined	78472
in rules adopted under section 3734.02 of the Revised Code, that	78473
is licensed under section 3734.05 of the Revised Code.	78474

(m) "Preexisting land reclamation project" means a	78475
property-specific land reclamation project that has been in	78476
continuous operation for not less than five years pursuant to	78477
approval of the activity by the director and includes the	78478
implementation of a community outreach program concerning the	78479
activity.	78480

Sec. 3745.113. (A) A person that applies for a state isolated	78481
wetland permit under Chapter 6111. of the Revised Code and rules	78482
adopted under it shall pay an application fee of two hundred	78483
dollars at the time of application.	78484

In addition, that person shall pay, at the time of	78485
application, a review fee of five hundred dollars per acre of the	78486
wetlands to be impacted.	78487

However, the review fee shall not exceed five thousand	78488
dollars per application. In addition, if an application is denied,	78489
the director of environmental protection shall refund to the	78490
applicant one-half of the amount of the review fee paid by the	78491
applicant under division (A) of this section.	78492

(B) If a person conducts any activities for which an	78493
individual state isolated wetland permit is required under Chapter	78494
6111. of the Revised Code and rules adopted under it without first	78495
obtaining such a permit, the person shall pay twice the amount of	78496
the application and review fees that the person otherwise would	78497
have been required to pay under division (A) of this section, not	78498
to exceed ten thousand dollars.	78499

(C) All moneys collected under this section shall be	78500
deposited in the state treasury to the credit of the ~~dredge and~~	78501
~~fill~~surface water protection fund created in section ~~6111.029~~	78502
6111.038 of the Revised Code.	78503

(D) Fees established under this section shall not apply to	78504
any agency or department of the state or to any county, township,	78505
or municipal corporation in this state.	78506

Sec. 3745.72. (A) The owner or operator of a facility or	78507
property who conducts an environmental audit of the facility or	78508
property and promptly and voluntarily discloses information	78509
contained in or derived from an audit report that is based on the	78510
audit and concerns an alleged violation of environmental laws to	78511
the director of the state agency that has jurisdiction over the	78512
alleged violation is immune from any administrative and civil	78513
penalties for the specific violation disclosed, except that where	78514
the disclosed violation has resulted in significant economic	78515
benefit to the owner or operator of the facility or property,	78516
there is no immunity for the economic benefit component of the	78517
administrative and civil penalties for that violation. An owner or	78518
operator asserting entitlement to such immunity has the burden of	78519
proving that entitlement by a preponderance of the evidence.	78520

(B) For the purposes of this section, a disclosure of	78521
information is voluntary with respect to an alleged violation of	78522
environmental laws only if all of the following apply:	78523

(1) The disclosure is made promptly after the information is	78524
obtained through the environmental audit by the owner or operator	78525
who conducts the environmental audit.	78526

(2) A reasonable, good faith effort is made to achieve	78527
compliance as quickly as practicable with environmental laws	78528
applicable to the information disclosed.	78529

(3) Compliance with environmental laws applicable to the	78530
information disclosed is achieved as quickly as practicable or	78531
within such period as is reasonably ordered by the director of the	78532
state agency that has jurisdiction over the alleged violation.	78533

(4) The owner or operator cooperates with the director of the	78534
state agency that has jurisdiction over the alleged violation in	78535
investigating the cause, nature, extent, and effects of the	78536
noncompliance.	78537

(5) The disclosure is not required by law, prior litigation,	78538
or an order by a court or a government agency.	78539

(6) The owner or operator who makes the disclosure does not	78540
know or have reason to know that a government agency charged with	78541
enforcing environmental laws has commenced an investigation or	78542
enforcement action that concerns a violation of such laws	78543
involving the activity.	78544

(C) For the purposes of this section, a disclosure shall be	78545
in writing, dated, and hand delivered or sent by certified mail to	78546
the director of the state agency that has jurisdiction over the	78547
alleged violation, and shall contain all of the following in a	78548
printed letter attached to the front of the disclosure:	78549

(1) The name, address, and telephone number of the owner or	78550
operator making the disclosure;	78551

(2) The name, title, address, and telephone number of one or	78552
more persons associated with the owner or operator who may be	78553
contacted regarding the disclosure;	78554

(3) A brief summary of the alleged violation of environmental	78555
laws, including, without limitation, the nature, date, and	78556
location of the alleged violation to the extent that the	78557
information is known by the owner or operator;	78558

(4) A statement that the information is part of an	78559
environmental audit report and is being disclosed under section	78560
3745.72 of the Revised Code in order to obtain the immunity	78561
provided by that section.	78562

(D) This section does not provide immunity from the payment	78563
of damages for harm to persons, property, or the environment; the	78564
payment of reasonable costs incurred by a government agency in	78565
responding to a disclosure; or responsibility for the remediation	78566
or cleanup of environmental harm under environmental laws.	78567

(E) The immunity provided by this section does not apply	78568
under any of the following circumstances:	78569

(1) Within the three-year period prior to disclosure, the	78570
owner or operator of a facility or property has committed	78571
significant violations that constitute a pattern of continuous or	78572
repeated violations of environmental laws, environmental related	78573
settlement agreements, or environmental related judicial orders	78574
and that arose from separate and distinct events. For the purposes	78575
of division (E)(1) of this section, a pattern of continuous or	78576
repeated violations also may be demonstrated by multiple	78577
settlement agreements related to substantially the same alleged	78578
significant violations that occurred within the three-year period	78579
immediately prior to the voluntary disclosure. Determination of	78580
whether a person has a pattern of continuous or repeated	78581
violations under division (E)(1) of this section shall be based on	78582
the compliance history of the property or specific facility at	78583
issue.	78584

(2) With respect to a specific violation, the violation	78585
resulted in serious harm or in imminent and substantial	78586
endangerment to human health or the environment.	78587

(3) With respect to a specific violation, the violation is of	78588
a specific requirement of an administrative or judicial order.	78589

(F) The immunity provided by this section applies only to	78590
disclosures made concerning environmental audits initiated after	78591
March 13, 1997, ~~and completed before January 1, 2014,~~ in	78592
accordance with the time frames specified in division (A) of	78593
section 3745.70 of the Revised Code.	78594

(G) The immunity provided by this section applies to a person	78595
who makes a good faith disclosure to a state agency under this	78596
section even though another state agency is determined to have	78597
jurisdiction over an alleged violation of environmental laws	78598
indicated in the disclosure.	78599

(H) Each state agency that receives a disclosure under this	78600
section promptly shall record receipt of the disclosure, determine	78601
whether it has jurisdiction over the alleged violation of	78602
environmental laws indicated in the disclosure, and, if it does	78603
not have such jurisdiction, deliver the disclosure documents to	78604
the director of a state agency that has jurisdiction over the	78605
alleged violation. If a disclosure indicates alleged violations of	78606
environmental laws that are under the jurisdiction of more than	78607
one state agency, the state agency that first receives the	78608
disclosure and has jurisdiction over any of the alleged violations	78609
promptly shall notify the director of each state agency that has	78610
jurisdiction over any of such alleged violations. The director of	78611
each state agency that receives a disclosure under this section,	78612
or is notified by another state agency that the director's agency	78613
has jurisdiction over an alleged violation of environmental laws	78614
indicated in the disclosure, promptly shall deliver written notice	78615
of that fact by certified mail to the owner or operator who made	78616
the disclosure. The notice shall identify the state agency that	78617
sends the notice; state the name, title, address, and telephone	78618
number of a person in the agency whom the owner or operator may	78619
contact regarding the disclosure; and state the name, address, and	78620
telephone number of the director of any other state agency	78621
notified about the disclosure because that agency has jurisdiction	78622
over an alleged violation of environmental laws indicated in the	78623
disclosure.	78624

Sec. 3748.01. As used in this chapter:

78625

(A) "Byproduct material" means either of the following:

78626

(1) Any radioactive material, except special nuclear	78627
material, yielded in or made radioactive by exposure to radiation	78628
incident to the process of producing or utilizing special nuclear	78629
material;	78630

(2) The tailings or wastes produced by the extraction or	78631
concentration of uranium or thorium from any ore processed	78632
primarily for its source material content.	78633

(B) "Certified radiation expert" means an individual who has	78634
complied with all of the following:	78635

(1) Applied to the director of health for certification as a	78636
radiation expert under section 3748.12 of the Revised Code;	78637

(2) Met minimum education and experience requirements	78638
established in rules adopted under division (C) of section 3748.04	78639
of the Revised Code;	78640

(3) Been granted a certificate as a radiation expert by the	78641
director under section 3748.12 of the Revised Code.	78642

(C) "Closure" or "site closure" refers to a facility for the	78643
disposal of low-level radioactive waste or a byproduct material	78644
site, as "byproduct material" is defined in division (A)(2) of	78645
this section, and means all activities performed at a licensed	78646
operation, such as stabilization and contouring, to ensure that	78647
the site where the operation occurred is in a stable condition so	78648
that only minor custodial care, surveillance, and monitoring are	78649
necessary at the site following the termination of the licensed	78650
operation.	78651

(D) "Decommissioning" means to safely remove any licensed	78652
operation from service and reduce residual radioactivity to a	78653
level that permits release of the licensee's property for	78654
unrestricted use. With regard to a facility for the disposal of	78655
low-level radioactive waste or a byproduct material site, as	78656
"byproduct material" is defined in division (A)(2) of this	78657
section, "decommissioning" does not include the reduction of	78658
residual radioactivity to a level that permits release of the	78659
facility for unrestricted use.	78660

(E) "Director of health" includes a designee or authorized	78661
representative of the director.	78662

(F) "Disposal," with regard to low-level radioactive waste,	78663
means the permanent isolation of that waste in accordance with	78664
requirements established by the United States nuclear regulatory	78665
commission or the licensing agreement state.	78666

(G) "Disposal site" means that portion of a facility that is	78667
used for the disposal of low-level radioactive waste and that	78668
consists of disposal units and a buffer zone. "Disposal unit"	78669
means a discrete portion of such a facility into which low-level	78670
radioactive waste is placed for disposal.	78671

(H)(1) Except as provided in division (H)(2) of this section,	78672
"facility" means the state, any political subdivision, person,	78673
public or private institution, or group, or any unit of one of	78674
those entities, but does not include the federal government or any	78675
of its agencies.	78676

(2) For the purposes of the disposal of low-level radioactive	78677
waste, "facility" has the same meaning as in section 3747.01 of	78678
the Revised Code.	78679

(I) "Handle" means receive, possess, use, store, transfer,	78680
install, service, or dispose of sources of radiation unless	78681
possession is solely for the purpose of transportation.	78682

(J) "Handler" means a facility that handles sources of	78683
radiation unless possession is solely for the purpose of	78684
transportation.	78685

(K) "Inspection" means an official review, examination, or	78686
observation, including, without limitation, tests, surveys, and	78687
monitoring, that is used to determine compliance with rules,	78688
orders, requirements, and conditions of the department of health	78689
and that is conducted by the director of health.	78690

(L) "Low-level radioactive waste" has the same meaning as in	78691
section 3747.01 of the Revised Code with regard to the disposal of	78692
low-level radioactive waste. In regard to regulatory control at	78693
locations other than a disposal facility, "low-level radioactive	78694
waste" has the same meaning as in 42 U.S.C.A. 2021b.	78695

(M) "Quality assurance program" means a program providing for	78696
verification by written procedures such as testing, auditing, and	78697
inspection to ensure that deficiencies, deviations, defective	78698
equipment, or unsafe practices, or a combination thereof, relating	78699
to the use, disposal, management, or manufacture of radiation	78700
sources are identified, promptly corrected, and reported to the	78701
appropriate regulatory authorities.	78702

(N) "Radiation" means ionizing and nonionizing radiation.

78703

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	78704
and beta particles, high-speed electrons, neutrons, protons, and	78705
other nuclear particles, but does not include sound or radio waves	78706
or visible, infrared, or ultraviolet light.	78707

(2) "Nonionizing radiation" means any electromagnetic	78708
radiation, other than ionizing electromagnetic radiation, or any	78709
sonic, ultrasonic, or infrasonic wave.	78710

(O) "Radioactive material" means any solid, liquid, or	78711
gaseous material that emits ionizing radiation spontaneously.	78712
"Radioactive material" includes accelerator-produced and naturally	78713
occurring materials and byproduct, source, and special nuclear	78714
material.	78715

(P) "Radiation-generating equipment" means any manufactured	78716
product or device, or component of such a product or device, or	78717
any machine or system that during operation can generate or emit	78718
radiation, except those that emit radiation only from radioactive	78719
material. "Radiation-generating equipment" does not include either	78720
of the following:	78721

(1) Diathermy machines;

78722

(2) Microwave ovens, including food service microwave ovens	78723
used for commercial and industrial uses, television receivers,	78724
electric lamps, and other household appliances and products that	78725
generate very low levels of radiation.	78726

(Q) "Source material" means uranium, thorium, or any	78727
combination thereof in any physical or chemical form, or any ores	78728
that contain by weight at least one-twentieth of one per cent of	78729
uranium, thorium, or any combination thereof. "Source material"	78730
does not include special nuclear material.	78731

(R) "Source of radiation" means radioactive material or	78732
radiation-generating equipment.	78733

(S) "Special nuclear material" means either of the following:

78734

(1) Plutonium, uranium 233, uranium enriched in the isotope	78735
233 or in the isotope 235, and any other material that the United	78736
States nuclear regulatory commission determines to be special	78737
nuclear material, but does not include source material pursuant to	78738
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	78739
U.S.C.A. 2071."	78740

(2) Except for any source material, any material artificially	78741
enriched by any of the materials identified in division (S)(1) of	78742
this section.	78743

(T) "Storage" means the retention of radioactive materials,	78744
including low-level radioactive waste, prior to disposal in a	78745
manner that allows for surveillance, control, and subsequent	78746
retrieval.	78747

(U) "Medical practitioner" means a person who is authorized	78748
pursuant to Chapter 4715. of the Revised Code to practice	78749
dentistry; pursuant to Chapter 4731. of the Revised Code to	78750
practice medicine and surgery, osteopathic medicine and surgery,	78751
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	78752
the Revised Code to practice chiropractic.	78753

(V) "Medical-practitioner group" means a corporation,	78754
partnership, or other business entity, other than a hospital as	78755
defined in section 3727.01 of the Revised Code, consisting of	78756
medical practitioners.	78757

(W) "Naturally occurring radioactive material" means material	78758
that contains any nuclide that is radioactive in its natural	78759
physical state. "Naturally occurring radioactive material" does	78760
not include source material, byproduct material, or special	78761
nuclear material.	78762

(X) "Technologically enhanced naturally occurring radioactive	78763
material" means naturally occurring radioactive material with	78764
radionuclide concentrations that are increased by or as a result	78765
of past or present human activities. "Technologically enhanced	78766
naturally occurring radioactive material" does not include drill	78767
cuttings, natural background radiation, byproduct material, or	78768
source material.	78769

(Y) "Drill cuttings" means the soil, rock fragments, and	78770
pulverized material that are removed from a borehole and that may	78771
include a de minimus amount of fluid that results from a drilling	78772
process.	78773

Sec. 3748.04. The director of health, in accordance with	78774
Chapter 119. of the Revised Code, shall adopt and may amend or	78775
rescind rules doing all of the following:	78776

(A) Listing types of radioactive material for which licensure	78777
by its handler is required and types of radiation-generating	78778
equipment for which registration by its handler is required, and	78779
establishing requirements governing them. Rules adopted under	78780
division (A) of this section shall be compatible with applicable	78781
federal regulations and shall establish all of the following,	78782
without limitation:	78783

(1) Requirements governing both of the following:

78784

(a) The licensing and inspection of handlers of radioactive	78785
material. Standards established in rules adopted under division	78786
(A)(1)(a) of this section regarding byproduct material or any	78787
activity that results in the production of that material, to the	78788
extent practicable, shall be equivalent to or more stringent than	78789
applicable standards established by the United States nuclear	78790
regulatory commission.	78791

(b) The registration and inspection of handlers of	78792
radiation-generating equipment. Standards established in rules	78793
adopted under division (A)(1)(b) of this section, to the extent	78794
practicable, shall be equivalent to applicable standards	78795
established by the food and drug administration in the United	78796
States department of health and human services.	78797

(2) Identification of and requirements governing possession	78798
and use of specifically licensed and generally licensed quantities	78799
of radioactive material as either sealed sources or unsealed	78800
sources;	78801

(3) A procedure for the issuance of and the frequency of	78802
renewal of the licenses of handlers of radioactive material, other	78803
than a license for a facility for the disposal of low-level	78804
radioactive waste, and of the certificates of registration of	78805
handlers of radiation-generating equipment;	78806

(4) Procedures for suspending and revoking the licenses of	78807
handlers of radioactive material and the certificates of	78808
registration of handlers of radiation-generating equipment;	78809

(5) Criteria to be used by the director of health in amending	78810
the license of a handler of radioactive material or the	78811
certificate of registration of a handler of radiation-generating	78812
equipment subsequent to its issuance;	78813

(6) Criteria for achieving and maintaining compliance with	78814
this chapter and rules adopted under it by licensees and	78815
registrants;	78816

(7) Criteria governing environmental monitoring of licensed	78817
and registered activities to assess compliance with this chapter	78818
and rules adopted under it;	78819

(8) Fees for both of the following:

78820

(a) The licensing of handlers, other than facilities for the	78821
disposal of low-level radioactive waste, of radioactive material;	78822

(b) The registration of handlers, other than facilities that	78823
are, or are operated by, medical practitioners or	78824
medical-practitioner groups, of radiation-generating equipment.	78825

(9) A fee schedule for both of the following that includes	78826
fees for reviews, conducted during an inspection, of shielding	78827
plans or the adequacy of shielding:	78828

(a) The inspection of handlers of radioactive material;

78829

(b) The inspection of handlers, other than facilities that	78830
are, or are operated by, medical practitioners or	78831
medical-practitioner groups, of radiation-generating equipment.	78832

(B)(1) Identifying sources of radiation, circumstances of	78833
possession, use, or disposal of sources of radiation, and levels	78834
of radiation that constitute an unreasonable or unnecessary risk	78835
to human health or the environment;	78836

(2) Establishing requirements for the achievement and	78837
maintenance of compliance with standards for the receipt,	78838
possession, use, storage, installation, transfer, servicing, and	78839
disposal of sources of radiation to prevent levels of radiation	78840
that constitute an unreasonable or unnecessary risk to human	78841
health or the environment;	78842

(3) Requiring the maintenance of records on the receipt, use,	78843
storage, transfer, and disposal of radioactive material, including	78844
technologically enhanced naturally occurring radioactive material,	78845
and on the radiological safety aspects of the use and maintenance	78846
of radiation-generating equipment. The rules adopted under	78847
division (B)(3) of this section shall not require maintenance of	78848
records regarding naturally occurring radioactive material.	78849

In adopting rules under divisions (A) and (B) of this	78850
section, the director shall use standards no less stringent than	78851
the "suggested state regulations for control of radiation"	78852
prepared by the conference of radiation control program directors,	78853
inc., and regulations adopted by the United States nuclear	78854
regulatory commission, the United States environmental protection	78855
agency, and the United States department of health and human	78856
services and shall consider reports of the national council on	78857
radiation protection and measurement and the relevant standards of	78858
the American national standards institute.	78859

(C) Establishing fees, procedures, and requirements for	78860
certification as a radiation expert, including all of the	78861
following, without limitation:	78862

(1) Minimum training and experience requirements;

78863

(2) Procedures for applying for certification;

78864

(3) Procedures for review of applications and issuance of	78865
certificates;	78866

(4) Procedures for suspending and revoking certification.

78867

(D) Establishing a schedule for inspection of sources of	78868
radiation and their shielding and surroundings;	78869

(E) Establishing the responsibilities of a radiation expert;

78870

(F) Establishing criteria for quality assurance programs for	78871
licensees of radioactive material and registrants of	78872
radiation-generating equipment;	78873

(G) Establishing fees to be paid by any facility that, on	78874
September 8, 1995, holds a license from the United States nuclear	78875
regulatory commission in order to provide moneys necessary for the	78876
transfer of licensing and other regulatory authority from the	78877
commission to the state pursuant to section 3748.03 of the Revised	78878
Code. Rules adopted under this division shall stipulate that fees	78879
so established do not apply to any functions dealing specifically	78880
with a facility for the disposal of low-level radioactive waste.	78881
Fees collected under this division shall be deposited into the	78882
state treasury to the credit of the general operations fund	78883
created in section 3701.83 of the Revised Code. The fees shall be	78884
used solely to administer and enforce this chapter and rules	78885
adopted under it.	78886

(H) Establishing fees to be collected annually from	78887
generators of low-level radioactive waste, which shall be based	78888
upon the volume and radioactivity of the waste generated and the	78889
costs of administering low-level radioactive waste management	78890
activities under this chapter and rules adopted under it. All fees	78891
collected under this division shall be deposited into the state	78892
treasury to the credit of the general operations fund created in	78893
section 3701.83 of the Revised Code. The fees shall be used solely	78894
to administer and enforce this chapter and rules adopted under it.	78895
Any fee required under this division that remains unpaid on the	78896
ninety-first day after the original invoice date shall be assessed	78897
an additional amount equal to ten per cent of the original fee.	78898

(I) Establishing requirements governing closure,	78899
decontamination, decommissioning, reclamation, and long-term	78900
surveillance and care of a facility licensed under this chapter	78901
and rules adopted under it. Rules adopted under division (I) of	78902
this section shall include, without limitation, all of the	78903
following:	78904

(1) Standards and procedures to ensure that a licensee	78905
prepares a decommissioning funding plan that provides an adequate	78906
financial guaranty to permit the completion of all requirements	78907
governing the closure, decontamination, decommissioning, and	78908
reclamation of sites, structures, and equipment used in	78909
conjunction with a licensed activity;	78910

(2) For licensed activities where radioactive material that	78911
will require surveillance or care is likely to remain at the site	78912
after the licensed activities cease, as indicated in the	78913
application for the license submitted under section 3748.07 of the	78914
Revised Code, standards and procedures to ensure that the licensee	78915
prepares an additional decommissioning funding plan for long-term	78916
surveillance and care, before termination of the license, that	78917
provides an additional adequate financial guaranty as necessary to	78918
provide for that surveillance and care;	78919

(3) For the purposes of the decommissioning funding plans	78920
required in rules adopted under divisions (I)(1) and (2) of this	78921
section, the types of acceptable financial guaranties, which shall	78922
include bonds issued by fidelity or surety companies authorized to	78923
do business in the state, certificates of deposit, deposits of	78924
government securities, irrevocable letters or lines of credit,	78925
trust funds, escrow accounts, or other similar types of	78926
arrangements, but shall not include any arrangement that	78927
constitutes self-insurance;	78928

(4) A requirement that the decommissioning funding plans	78929
required in rules adopted under divisions (I)(1) and (2) of this	78930
section contain financial guaranties in amounts sufficient to	78931
ensure compliance with any standards established by the United	78932
States nuclear regulatory commission, or by the state if it has	78933
become an agreement state pursuant to section 3748.03 of the	78934
Revised Code, pertaining to closure, decontamination,	78935
decommissioning, reclamation, and long-term surveillance and care	78936
of licensed activities and sites of licensees.	78937

Standards established in rules adopted under division (I) of	78938
this section regarding any activity that resulted in the	78939
production of byproduct material, as defined in division (A)(2) of	78940
section 3748.01 of the Revised Code, to the extent practicable,	78941
shall be equivalent to or more stringent than standards	78942
established by the United States nuclear regulatory commission for	78943
sites at which ores were processed primarily for their source	78944
material content and at which byproduct material, as defined in	78945
division (A)(2) of section 3748.01 of the Revised Code, is	78946
deposited.	78947

(J) Establishing criteria governing inspections of a facility	78948
for the disposal of low-level radioactive waste, including,	78949
without limitation, the establishment of a resident inspector	78950
program at such a facility;	78951

(K) Establishing requirements and procedures governing the	78952
filing of complaints under section 3748.16 of the Revised Code,	78953
including, without limitation, those governing intervention in a	78954
hearing held under division (B)(3) of that section;	78955

(L) Establishing requirements governing technologically	78956
enhanced naturally occurring radioactive material. Rules adopted	78957
under this division shall not apply to naturally occurring	78958
radioactive material.	78959

Sec. 3769.08. (A) Any person holding a permit to conduct a	78960
horse-racing meeting may provide a place in the race meeting	78961
grounds or enclosure at which the permit holder may conduct and	78962
supervise the pari-mutuel system of wagering by patrons of legal	78963
age on the live racing programs and simulcast racing programs	78964
conducted by the permit holder.	78965

The pari-mutuel method of wagering upon the live racing	78966
programs and simulcast racing programs held at or conducted within	78967
such race track, and at the time of such horse-racing meeting, or	78968
at other times authorized by the state racing commission, shall	78969
not be unlawful. No other place, except that provided and	78970
designated by the permit holder and except as provided in section	78971
3769.26 of the Revised Code, nor any other method or system of	78972
betting or wagering on live racing programs and simulcast racing	78973
programs, except the pari-mutuel system, shall be used or	78974
permitted by the permit holder; nor, except as provided in section	78975
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	78976
system of wagering be conducted by the permit holder on any races	78977
except the races at the race track, grounds, or enclosure for	78978
which the person holds a permit. Each permit holder may retain as	78979
a commission an amount not to exceed eighteen per cent of the	78980
total of all moneys wagered on live racing programs and simulcast	78981
racing programs.	78982

The pari-mutuel wagering authorized by this section is	78983
subject to sections 3769.25 to 3769.28 of the Revised Code.	78984

(B) At the close of each racing day, each permit holder	78985
authorized to conduct thoroughbred racing, out of the amount	78986
retained on that day by the permit holder, shall pay by check,	78987
draft, or money order to the tax commissioner, as a tax, a sum	78988
equal to the following percentages of the total of all moneys	78989
wagered on live racing programs on that day and shall separately	78990
compute and pay by check, draft, or money order to the tax	78991
commissioner, as a tax, a sum equal to the following percentages	78992
of the total of all money wagered on simulcast racing programs on	78993
that day:	78994

(1) One per cent of the first two hundred thousand dollars	78995
wagered, or any part of that amount;	78996

(2) Two per cent of the next one hundred thousand dollars	78997
wagered, or any part of that amount;	78998

(3) Three per cent of the next one hundred thousand dollars	78999
wagered, or any part of that amount;	79000

(4) Four per cent of all sums over four hundred thousand	79001
dollars wagered.	79002

Except as otherwise provided in section 3769.089 of the	79003
Revised Code, each permit holder authorized to conduct	79004
thoroughbred racing shall use for purse money a sum equal to fifty	79005
per cent of the pari-mutuel revenues retained by the permit holder	79006
as a commission after payment of the state tax. This fifty per	79007
cent payment shall be in addition to the purse distribution from	79008
breakage specified in this section.	79009

Subject to division (M) of this section, from the moneys paid	79010
to the tax commissioner by thoroughbred racing permit holders,	79011
one-half of one per cent of the total of all moneys so wagered on	79012
a racing day shall be paid into the Ohio fairs fund created by	79013
section 3769.082 of the Revised Code, one and one-eighth per cent	79014
of the total of all moneys so wagered on a racing day shall be	79015
paid into the Ohio thoroughbred race fund created by section	79016
3769.083 of the Revised Code, and one-quarter of one per cent of	79017
the total of all moneys wagered on a racing day by each permit	79018
holder shall be paid into the state racing commission operating	79019
fund created by section 3769.03 of the Revised Code. The required	79020
payment to the state racing commission operating fund does not	79021
apply to county and independent fairs and agricultural societies.	79022
The remaining moneys may be retained by the permit holder, except	79023
as provided in this section with respect to the odd cents	79024
redistribution. Amounts paid into the nursing home franchise	79025
permit fee fund pursuant to this section and section 3769.26 of	79026
the Revised Code shall be used solely for the support of the	79027
PASSPORT program as determined in appropriations made by the	79028
general assembly. If the PASSPORT program is abolished, the amount	79029
that would have been paid to the nursing home franchise permit fee	79030
fund under this chapter shall be paid to the general revenue fund	79031
of the state. As used in this chapter, "PASSPORT program" ~~means~~	79032
~~the PASSPORT program created under~~has the same meaning as in	79033
section ~~173.40~~173.51 of the Revised Code.	79034

The total amount paid to the Ohio thoroughbred race fund	79035
under this section and division (A) of section 3769.087 of the	79036
Revised Code shall not exceed by more than six per cent the total	79037
amount paid to this fund under this section and division (A) of	79038
that section during the immediately preceding calendar year.	79039

Each year, the total amount calculated for payment into the	79040
Ohio fairs fund under this division, division (C) of this section,	79041
and division (A) of section 3769.087 of the Revised Code shall be	79042
an amount calculated using the percentages specified in this	79043
division, division (C) of this section, and division (A) of	79044
section 3769.087 of the Revised Code.	79045

A permit holder may contract with a thoroughbred horsemen's	79046
organization for the organization to act as a representative of	79047
all thoroughbred owners and trainers participating in a	79048
horse-racing meeting conducted by the permit holder. A	79049
"thoroughbred horsemen's organization" is any corporation or	79050
association that represents, through membership or otherwise, more	79051
than one-half of the aggregate of all thoroughbred owners and	79052
trainers who were licensed and actively participated in racing	79053
within this state during the preceding calendar year. Except as	79054
otherwise provided in this paragraph, any moneys received by a	79055
thoroughbred horsemen's organization shall be used exclusively for	79056
the benefit of thoroughbred owners and trainers racing in this	79057
state through the administrative purposes of the organization,	79058
benevolent activities on behalf of the horsemen, promotion of the	79059
horsemen's rights and interests, and promotion of equine research.	79060
A thoroughbred horsemen's organization may expend not more than an	79061
aggregate of five per cent of its annual gross receipts, or a	79062
larger amount as approved by the organization, for dues,	79063
assessments, and other payments to all other local, national, or	79064
international organizations having as their primary purposes the	79065
promotion of thoroughbred horse racing, thoroughbred horsemen's	79066
rights, and equine research.	79067

(C) Except as otherwise provided in division (B) of this	79068
section, at the close of each racing day, each permit holder	79069
authorized to conduct harness or quarter horse racing, out of the	79070
amount retained that day by the permit holder, shall pay by check,	79071
draft, or money order to the tax commissioner, as a tax, a sum	79072
equal to the following percentages of the total of all moneys	79073
wagered on live racing programs and shall separately compute and	79074
pay by check, draft, or money order to the tax commissioner, as a	79075
tax, a sum equal to the following percentages of the total of all	79076
money wagered on simulcast racing programs on that day:	79077

(1) One per cent of the first two hundred thousand dollars	79078
wagered, or any part of that amount;	79079

(2) Two per cent of the next one hundred thousand dollars	79080
wagered, or any part of that amount;	79081

(3) Three per cent of the next one hundred thousand dollars	79082
wagered, or any part of that amount;	79083

(4) Four per cent of all sums over four hundred thousand	79084
dollars wagered.	79085

Except as otherwise provided in division (B) and subject to	79086
division (M) of this section, from the moneys paid to the tax	79087
commissioner by permit holders authorized to conduct harness or	79088
quarter horse racing, one-half of one per cent of all moneys	79089
wagered on that racing day shall be paid into the Ohio fairs fund;	79090
from the moneys paid to the tax commissioner by permit holders	79091
authorized to conduct harness racing, five-eighths of one per cent	79092
of all moneys wagered on that racing day shall be paid into the	79093
Ohio standardbred development fund; and from the moneys paid to	79094
the tax commissioner by permit holders authorized to conduct	79095
quarter horse racing, five-eighths of one per cent of all moneys	79096
wagered on that racing day shall be paid into the Ohio quarter	79097
horse development fund.	79098

(D) In addition, subject to division (M) of this section,	79099
beginning on January 1, 1996, from the money paid to the tax	79100
commissioner as a tax under this section and division (A) of	79101
section 3769.087 of the Revised Code by harness horse permit	79102
holders, one-half of one per cent of the amount wagered on a	79103
racing day shall be paid into the Ohio standardbred development	79104
fund. Beginning January 1, 1998, the payment to the Ohio	79105
standardbred development fund required under this division does	79106
not apply to county agricultural societies or independent	79107
agricultural societies.	79108

The total amount paid to the Ohio standardbred development	79109
fund under this division, division (C) of this section, and	79110
division (A) of section 3769.087 of the Revised Code and the total	79111
amount paid to the Ohio quarter horse development fund under this	79112
division and division (A) of that section shall not exceed by more	79113
than six per cent the total amount paid into the fund under this	79114
division, division (C) of this section, and division (A) of	79115
section 3769.087 of the Revised Code in the immediately preceding	79116
calendar year.	79117

(E) Subject to division (M) of this section, from the money	79118
paid as a tax under this chapter by harness and quarter horse	79119
permit holders, one-quarter of one per cent of the total of all	79120
moneys wagered on a racing day by each permit holder shall be paid	79121
into the state racing commission operating fund created by section	79122
3769.03 of the Revised Code. This division does not apply to	79123
county and independent fairs and agricultural societies.	79124

(F) Except as otherwise provided in section 3769.089 of the	79125
Revised Code, each permit holder authorized to conduct harness	79126
racing shall pay to the harness horsemen's purse pool a sum equal	79127
to fifty per cent of the pari-mutuel revenues retained by the	79128
permit holder as a commission after payment of the state tax. This	79129
fifty per cent payment is to be in addition to the purse	79130
distribution from breakage specified in this section.	79131

(G) In addition, each permit holder authorized to conduct	79132
harness racing shall be allowed to retain the odd cents of all	79133
redistribution to be made on all mutual contributions exceeding a	79134
sum equal to the next lowest multiple of ten.	79135

Forty per cent of that portion of that total sum of such odd	79136
cents shall be used by the permit holder for purse money for Ohio	79137
sired, bred, and owned colts, for purse money for Ohio bred	79138
horses, and for increased purse money for horse races. Upon the	79139
formation of the corporation described in section 3769.21 of the	79140
Revised Code to establish a harness horsemen's health and	79141
retirement fund, twenty-five per cent of that portion of that	79142
total sum of odd cents shall be paid at the close of each racing	79143
day by the permit holder to that corporation to establish and fund	79144
the health and retirement fund. Until that corporation is formed,	79145
that twenty-five per cent shall be paid at the close of each	79146
racing day by the permit holder to the tax commissioner or the tax	79147
commissioner's agent in the county seat of the county in which the	79148
permit holder operates race meetings. The remaining thirty-five	79149
per cent of that portion of that total sum of odd cents shall be	79150
retained by the permit holder.	79151

(H) In addition, each permit holder authorized to conduct	79152
thoroughbred racing shall be allowed to retain the odd cents of	79153
all redistribution to be made on all mutuel contributions	79154
exceeding a sum equal to the next lowest multiple of ten. Twenty	79155
per cent of that portion of that total sum of such odd cents shall	79156
be used by the permit holder for increased purse money for horse	79157
races. Upon the formation of the corporation described in section	79158
3769.21 of the Revised Code to establish a thoroughbred horsemen's	79159
health and retirement fund, forty-five per cent of that portion of	79160
that total sum of odd cents shall be paid at the close of each	79161
racing day by the permit holder to that corporation to establish	79162
and fund the health and retirement fund. Until that corporation is	79163
formed, that forty-five per cent shall be paid by the permit	79164
holder to the tax commissioner or the tax commissioner's agent in	79165
the county seat of the county in which the permit holder operates	79166
race meetings, at the close of each racing day. The remaining	79167
thirty-five per cent of that portion of that total sum of odd	79168
cents shall be retained by the permit holder.	79169

(I) In addition, each permit holder authorized to conduct	79170
quarter horse racing shall be allowed to retain the odd cents of	79171
all redistribution to be made on all mutuel contributions	79172
exceeding a sum equal to the next lowest multiple of ten, subject	79173
to a tax of twenty-five per cent on that portion of the total sum	79174
of such odd cents that is in excess of two thousand dollars during	79175
a calendar year, which tax shall be paid at the close of each	79176
racing day by the permit holder to the tax commissioner or the tax	79177
commissioner's agent in the county seat of the county within which	79178
the permit holder operates race meetings. Forty per cent of that	79179
portion of that total sum of such odd cents shall be used by the	79180
permit holder for increased purse money for horse races. The	79181
remaining thirty-five per cent of that portion of that total sum	79182
of odd cents shall be retained by the permit holder.	79183

(J)(1) To encourage the improvement of racing facilities for	79184
the benefit of the public, breeders, and horse owners, and to	79185
increase the revenue to the state from the increase in pari-mutuel	79186
wagering resulting from those improvements, the taxes paid by a	79187
permit holder to the state as provided for in this chapter shall	79188
be reduced by three-fourths of one per cent of the total amount	79189
wagered for those permit holders who make capital improvements to	79190
existing race tracks or construct new race tracks. The percentage	79191
of the reduction that may be taken each racing day shall equal	79192
seventy-five per cent of the taxes levied under divisions (B) and	79193
(C) of this section and section 3769.087 of the Revised Code, and	79194
division (F)(2) of section 3769.26 of the Revised Code, as	79195
applicable, divided by the calculated amount each fund should	79196
receive under divisions (B) and (C) of this section and section	79197
3769.087 of the Revised Code, and division (F)(2) of section	79198
3769.26 of the Revised Code and the reduction provided for in this	79199
division. If the resulting percentage is less than one, that	79200
percentage shall be multiplied by the amount of the reduction	79201
provided for in this division. Otherwise, the permit holder shall	79202
receive the full reduction provided for in this division. The	79203
amount of the allowable reduction not received shall be carried	79204
forward and applied against future tax liability. After any	79205
reductions expire, any reduction carried forward shall be treated	79206
as a reduction as provided for in this division.	79207

If more than one permit holder is authorized to conduct	79208
racing at the facility that is being built or improved, the cost	79209
of the new race track or capital improvement shall be allocated	79210
between or among all the permit holders in the ratio that the	79211
permit holders' number of racing days bears to the total number of	79212
racing days conducted at the facility.	79213

A reduction for a new race track or a capital improvement	79214
shall start from the day racing is first conducted following the	79215
date actual construction of the new race track or each capital	79216
improvement is completed and the construction cost has been	79217
approved by the racing commission, unless otherwise provided in	79218
this section. A reduction for a new race track or a capital	79219
improvement shall continue for a period of twenty-five years for	79220
new race tracks and for fifteen years for capital improvements if	79221
the construction of the capital improvement or new race track	79222
commenced prior to March 29, 1988, and for a period of ten years	79223
for new race tracks or capital improvements if the construction of	79224
the capital improvement or new race track commenced on or after	79225
March 29, 1988, but before June 6, 2001, or until the total tax	79226
reduction reaches seventy per cent of the approved cost of the new	79227
race track or capital improvement, as allocated to each permit	79228
holder, whichever occurs first. A reduction for a new race track	79229
or a capital improvement approved after June 6, 2001, shall	79230
continue until the total tax reduction reaches one hundred per	79231
cent of the approved cost of the new race track or capital	79232
improvement, as allocated to each permit holder.	79233

A reduction granted for a new race track or a capital	79234
improvement, the application for which was approved by the racing	79235
commission after March 29, 1988, but before June 6, 2001, shall	79236
not commence nor shall the ten-year period begin to run until all	79237
prior tax reductions with respect to the same race track have	79238
ended. The total tax reduction because of capital improvements	79239
shall not during any one year exceed for all permit holders using	79240
any one track three-fourths of one per cent of the total amount	79241
wagered, regardless of the number of capital improvements made.	79242
Several capital improvements to a race track may be consolidated	79243
in an application if the racing commission approved the	79244
application prior to March 29, 1988. No permit holder may receive	79245
a tax reduction for a capital improvement approved by the racing	79246
commission on or after March 29, 1988, at a race track until all	79247
tax reductions have ended for all prior capital improvements	79248
approved by the racing commission under this section or section	79249
3769.20 of the Revised Code at that race track. If there are two	79250
or more permit holders operating meetings at the same track, they	79251
may consolidate their applications. The racing commission shall	79252
notify the tax commissioner when the reduction of tax begins and	79253
when it ends.	79254

Each fiscal year the racing commission shall submit a report	79255
to the tax commissioner, the office of budget and management, and	79256
the legislative service commission. The report shall identify each	79257
capital improvement project undertaken under this division and in	79258
progress at each race track, indicate the total cost of each	79259
project, state the tax reduction that resulted from each project	79260
during the immediately preceding fiscal year, estimate the tax	79261
reduction that will result from each project during the current	79262
fiscal year, state the total tax reduction that resulted from all	79263
such projects at all race tracks during the immediately preceding	79264
fiscal year, and estimate the total tax reduction that will result	79265
from all such projects at all race tracks during the current	79266
fiscal year.	79267

(2) In order to qualify for the reduction in tax, a permit	79268
holder shall apply to the racing commission in such form as the	79269
commission may require and shall provide full details of the new	79270
race track or capital improvement, including a schedule for its	79271
construction and completion, and set forth the costs and expenses	79272
incurred in connection with it. The racing commission shall not	79273
approve an application unless the permit holder shows that a	79274
contract for the new race track or capital improvement has been	79275
let under an unrestricted competitive bidding procedure, unless	79276
the contract is exempted by the controlling board because of its	79277
unusual nature. In determining whether to approve an application,	79278
the racing commission shall consider whether the new race track or	79279
capital improvement will promote the safety, convenience, and	79280
comfort of the racing public and horse owners and generally tend	79281
towards the improvement of racing in this state.	79282

(3) If a new race track or capital improvement is approved by	79283
the racing commission and construction has started, the tax	79284
reduction may be authorized by the commission upon presentation of	79285
copies of paid bills in excess of one hundred thousand dollars or	79286
ten per cent of the approved cost, whichever is greater. After the	79287
initial authorization, the permit holder shall present copies of	79288
paid bills. If the permit holder is in substantial compliance with	79289
the schedule for construction and completion of the new race track	79290
or capital improvement, the racing commission may authorize the	79291
continuation of the tax reduction upon the presentation of the	79292
additional paid bills. The total amount of the tax reduction	79293
authorized shall not exceed the percentage of the approved cost of	79294
the new race track or capital improvement specified in division	79295
(J)(1) of this section. The racing commission may terminate any	79296
tax reduction immediately if a permit holder fails to complete the	79297
new race track or capital improvement, or to substantially comply	79298
with the schedule for construction and completion of the new race	79299
track or capital improvement. If a permit holder fails to complete	79300
a new race track or capital improvement, the racing commission	79301
shall order the permit holder to repay to the state the total	79302
amount of tax reduced. The normal tax paid by the permit holder	79303
shall be increased by three-fourths of one per cent of the total	79304
amount wagered until the total amount of the additional tax	79305
collected equals the total amount of tax reduced.	79306

(4) As used in this section:

79307

(a) "Capital improvement" means an addition, replacement, or	79308
remodeling of a structural unit of a race track facility costing	79309
at least one hundred thousand dollars, including, but not limited	79310
to, the construction of barns used exclusively for the race track	79311
facility, backstretch facilities for horsemen, paddock facilities,	79312
new pari-mutuel and totalizator equipment and appurtenances to	79313
that equipment purchased by the track, new access roads, new	79314
parking areas, the complete reconstruction, reshaping, and	79315
leveling of the racing surface and appurtenances, the installation	79316
of permanent new heating or air conditioning, roof replacement or	79317
restoration, installations of a permanent nature forming a part of	79318
the track structure, and construction of buildings that are	79319
located on a permit holder's premises. "Capital improvement" does	79320
not include the cost of replacement of equipment that is not	79321
permanently installed, ordinary repairs, painting, and maintenance	79322
required to keep a race track facility in ordinary operating	79323
condition.	79324

(b) "New race track" includes the reconstruction of a race	79325
track damaged by fire or other cause that has been declared by the	79326
racing commission, as a result of the damage, to be an inadequate	79327
facility for the safe operation of horse racing.	79328

(c) "Approved cost" includes all debt service and interest	79329
costs that are associated with a capital improvement or new race	79330
track and that the racing commission approves for a tax reduction	79331
under division (J) of this section.	79332

(5) The racing commission shall not approve an application	79333
for a tax reduction under this section if it has reasonable cause	79334
to believe that the actions or negligence of the permit holder	79335
substantially contributed to the damage suffered by the track due	79336
to fire or other cause. The racing commission shall obtain any	79337
data or information available from a fire marshal, law enforcement	79338
official, or insurance company concerning any fire or other damage	79339
suffered by a track, prior to approving an application for a tax	79340
reduction.	79341

(6) The approved cost to which a tax reduction applies shall	79342
be determined by generally accepted accounting principles and	79343
verified by an audit of the permit holder's records upon	79344
completion of the project by the racing commission, or by an	79345
independent certified public accountant selected by the permit	79346
holder and approved by the commission.	79347

(K) No other license or excise tax or fee, except as provided	79348
in sections 3769.01 to 3769.14 of the Revised Code, shall be	79349
assessed or collected from such licensee by any county, township,	79350
district, municipal corporation, or other body having power to	79351
assess or collect a tax or fee. That portion of the tax paid under	79352
this section by permit holders for racing conducted at and during	79353
the course of an agricultural exposition or fair, and that portion	79354
of the tax that would have been paid by eligible permit holders	79355
into the nursing home franchise permit fee fund as a result of	79356
racing conducted at and during the course of an agricultural	79357
exposition or fair, shall be deposited into the state treasury to	79358
the credit of the horse racing tax fund, which is hereby created	79359
for the use of the agricultural societies of the several counties	79360
in which the taxes originate. The state racing commission shall	79361
determine eligible permit holders for purposes of the preceding	79362
sentence, taking into account the breed of horse, the racing	79363
dates, the geographic proximity to the fair, and the best	79364
interests of Ohio racing. On the first day of any month on which	79365
there is money in the fund, the tax commissioner shall provide for	79366
payment to the treasurer of each agricultural society the amount	79367
of the taxes collected under this section upon racing conducted at	79368
and during the course of any exposition or fair conducted by the	79369
society.	79370

(L) From the tax paid under this section by harness track	79371
permit holders, the tax commissioner shall pay into the Ohio	79372
thoroughbred race fund a sum equal to a percentage of the amount	79373
wagered upon which the tax is paid. The percentage shall be	79374
determined by the tax commissioner and shall be rounded to the	79375
nearest one-hundredth. The percentage shall be such that, when	79376
multiplied by the amount wagered upon which tax was paid by the	79377
harness track permit holders in the most recent year for which	79378
final figures are available, it results in a sum that	79379
substantially equals the same amount of tax paid by the tax	79380
commissioner during that year into the Ohio fairs fund from taxes	79381
paid by thoroughbred permit holders. This division does not apply	79382
to county and independent fairs and agricultural societies.	79383

(M) Twenty-five per cent of the taxes levied on thoroughbred	79384
racing permit holders, harness racing permit holders, and quarter	79385
horse racing permit holders under this section, division (A) of	79386
section 3769.087 of the Revised Code, and division (F)(2) of	79387
section 3769.26 of the Revised Code shall be paid into the nursing	79388
home franchise permit fee fund. The tax commissioner shall pay any	79389
money remaining, after the payment into the nursing home franchise	79390
permit fee fund and the reductions provided for in division (J) of	79391
this section and in section 3769.20 of the Revised Code, into the	79392
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	79393
development fund, Ohio quarter horse fund, and state racing	79394
commission operating fund as prescribed in this section and	79395
division (A) of section 3769.087 of the Revised Code. The tax	79396
commissioner shall thereafter use and apply the balance of the	79397
money paid as a tax by any permit holder to cover any shortage in	79398
the accounts of such funds resulting from an insufficient payment	79399
as a tax by any other permit holder. The moneys received by the	79400
tax commissioner shall be deposited weekly and paid by the tax	79401
commissioner into the funds to cover the total aggregate amount	79402
due from all permit holders to the funds, as calculated under this	79403
section and division (A) of section 3769.087 of the Revised Code,	79404
as applicable. If, after the payment into the nursing home	79405
franchise permit fee fund, sufficient funds are not available from	79406
the tax deposited by the tax commissioner to pay the required	79407
amounts into the Ohio fairs fund, Ohio standardbred development	79408
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	79409
the state racing commission operating fund, the tax commissioner	79410
shall prorate on a proportional basis the amount paid to each of	79411
the funds. Any shortage to the funds as a result of a proration	79412
shall be applied against future deposits for the same calendar	79413
year when funds are available. After this application, the tax	79414
commissioner shall pay any remaining money paid as a tax by all	79415
permit holders into the nursing home franchise permit fee fund.	79416
This division does not apply to permit holders conducting racing	79417
at the course of an agricultural exposition or fair as described	79418
in division (K) of this section.	79419

Sec. 3769.087. (A) In addition to the commission of eighteen	79420
per cent retained by each permit holder as provided in section	79421
3769.08 of the Revised Code, each permit holder shall retain an	79422
additional amount equal to four per cent of the total of all	79423
moneys wagered on each racing day on all wagering pools other than	79424
win, place, and show, of which amount retained an amount equal to	79425
three per cent of the total of all moneys wagered on each racing	79426
day on those pools shall be paid by check, draft, or money order	79427
to the tax commissioner, as a tax. Subject to the restrictions	79428
contained in divisions (B), (C), and (M) of section 3769.08 of the	79429
Revised Code, from such additional moneys paid to the tax	79430
commissioner:	79431

(1) Four-sixths shall be allocated to fund distribution as	79432
provided in division (M) of section 3769.08 of the Revised Code.	79433

(2) One-twelfth shall be paid into the Ohio fairs fund	79434
created by section 3769.082 of the Revised Code.	79435

(3) One-twelfth of the additional moneys paid to the tax	79436
commissioner by thoroughbred racing permit holders shall be paid	79437
into the Ohio thoroughbred race fund created by section 3769.083	79438
of the Revised Code.	79439

(4) One-twelfth of the additional moneys paid to the tax	79440
commissioner by harness horse racing permit holders shall be paid	79441
to the Ohio standardbred development fund created by section	79442
3769.085 of the Revised Code.	79443

(5) One-twelfth of the additional moneys paid to the tax	79444
commissioner by quarter horse racing permit holders shall be paid	79445
to the Ohio quarter horse development fund created by section	79446
3769.086 of the Revised Code.	79447

(6) One-sixth shall be paid into the state racing commission	79448
operating fund created by section 3769.03 of the Revised Code.	79449

The remaining one per cent that is retained of the total of	79450
all moneys wagered on each racing day on all pools other than win,	79451
place, and show, shall be retained by racing permit holders, and,	79452
except as otherwise provided in section 3769.089 of the Revised	79453
Code, racing permit holders shall use one-half for purse money and	79454
retain one-half.	79455

(B) In addition to the commission of eighteen per cent	79456
retained by each permit holder as provided in section 3769.08 of	79457
the Revised Code and the additional amount retained by each permit	79458
holder as provided in division (A) of this section, each permit	79459
holder shall retain an additional amount equal to one-half of one	79460
per cent of the total of all moneys wagered on each racing day on	79461
all wagering pools other than win, place, and show. The additional	79462
amount retained under this division shall be paid by check, draft,	79463
or money order to the tax commissioner, as a tax. The tax	79464
commissioner shall pay the amount of the tax received under this	79465
division to the state racing commission operating fund created by	79466
section 3769.03 of the Revised Code.	79467

(C) Unless otherwise agreed to by the video lottery sales	79468
agent and the applicable horsemen's association recognized by the	79469
state racing commission to represent such persons, the state	79470
racing commission ~~may~~shall direct through rule that a percentage	79471
of the lottery sales agent's commission as determined by the state	79472
lottery commission for conducting video lottery terminal gaming on	79473
behalf of the state be paid to the state racing commission for the	79474
benefit of breeding and racing in this state. The percentage so	79475
determined shall not be less than nine per cent or more than	79476
eleven per cent of the video lottery terminal income, and shall be	79477
a sliding scale based upon capital expenditures necessary to build	79478
the video lottery sales agent's facility. The aggregate of one	79479
hundred per cent of video lottery terminal income minus the	79480
lottery sales agent's commission percentage as determined by the	79481
state lottery commission plus the percentage of the lottery sale	79482
agent's commission, as determined by the state racing commission	79483
or otherwise agreed to by the video lottery sales agent and the	79484
applicable horsemen's association recognized by the state racing	79485
commission to represent such persons, for the benefit of breeding	79486
and racing in this state shall not exceed forty-five per cent of	79487
the video lottery terminal income. In addition, beginning July 1,	79488
2013, the state lottery commission shall adopt a rule to require	79489
the lottery sales agent conducting video lottery terminal gaming	79490
on behalf of the state to disperse to the state lottery commission	79491
one-half of one per cent of such a lottery sales agent's	79492
commission for the purpose of providing funding support to	79493
appropriate state agencies for programs that provide for gambling	79494
addiction and other related addiction services. The state lottery	79495
commission's rule also may require the lottery sales agent	79496
conducting video lottery terminal gaming on behalf of the state to	79497
disperse to the state lottery commission an additional amount up	79498
to one-half of one per cent of such a lottery sales agent's	79499
commission for that purpose.	79500

Sec. 3769.088. (A) If any permit holder required by this	79501
chapter to pay the taxes levied by sections 3769.08, 3769.087,	79502
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	79503
the tax commissioner may make an assessment against the permit	79504
holder based upon any information in the commissioner's	79505
possession.	79506

A penalty of up to fifteen per cent may be added to the	79507
amount of every assessment made under this section. The	79508
commissioner may adopt rules providing for the imposition and	79509
remission of penalties added to assessments made under this	79510
section.	79511

The commissioner shall give the party assessed written notice	79512
of the assessment in the manner provided in section 5703.37 of the	79513
Revised Code. With the notice, the commissioner shall provide	79514
instructions on how to petition for reassessment and request a	79515
hearing on the petition.	79516

(B) Unless the party assessed files with the tax commissioner	79517
within sixty days after service of the notice of assessment,	79518
either personally or by certified mail, a written petition for	79519
reassessment signed by the party assessed or that party's	79520
authorized agent having knowledge of the facts, the assessment	79521
becomes final and the amount of the assessment is due and payable	79522
from the party assessed to the commissioner. The petition shall	79523
indicate the objections of the party assessed, but additional	79524
objections may be raised in writing if received by the	79525
commissioner prior to the date shown on the final determination.	79526
If the petition has been properly filed, the commissioner shall	79527
proceed under section 5703.60 of the Revised Code.	79528

(C) After an assessment becomes final, if any portion of the	79529
assessment remains unpaid, including accrued interest, a certified	79530
copy of the tax commissioner's entry making the assessment final	79531
may be filed in the office of the clerk of the court of common	79532
pleas in the county in which the place, track, or enclosure for	79533
which the permit was issued is located or the county in which the	79534
party assessed resides or has its principal place of business. If	79535
the party assessed maintains no place of business in this state	79536
and is not a resident of this state, the certified copy of the	79537
entry may be filed in the office of the clerk of the court of	79538
common pleas of Franklin county.	79539

Immediately upon the filing of the entry, the clerk shall	79540
enter a judgment for the state against the party assessed in the	79541
amount shown on the entry. The judgment may be filed by the clerk	79542
in a loose-leaf book entitled "special judgments for state horse	79543
racing tax," and shall have the same effect as other judgments.	79544
Execution shall issue upon the judgment upon the request of the	79545
tax commissioner, and all laws applicable to sales on execution	79546
shall apply to sales made under the judgment.	79547

~~The portion of~~If the assessment is not paid in its entirety	79548
within sixty days after the day the assessment was issued, the	79549
portion of the assessment consisting of tax due shall bear	79550
interest at the rate per annum prescribed by section 5703.47 of	79551
the Revised Code from the day the tax commissioner issues the	79552
assessment until the day the assessment is paid or until it is	79553
certified to the attorney general for collection under section	79554
131.02 of the Revised Code, whichever comes first. If the unpaid	79555
portion of the assessment is certified to the attorney general for	79556
collection, the entire unpaid portion of the assessment shall bear	79557
interest at the rate per annum prescribed by section 5703.47 of	79558
the Revised Code from the date of certification until the date it	79559
is paid in its entirety. Interest shall be paid in the same manner	79560
as the tax and may be collected by the issuance of an assessment	79561
under this section.	79562

(D) All money collected by the tax commissioner under this	79563
section shall be treated as revenue arising from the taxes imposed	79564
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	79565
Code.	79566

Sec. 3770.02. (A) Subject to the advice and consent of the	79567
senate, the governor shall appoint a director of the state lottery	79568
commission who shall serve at the pleasure of the governor. The	79569
director shall devote full time to the duties of the office and	79570
shall hold no other office or employment. The director shall meet	79571
all requirements for appointment as a member of the commission and	79572
shall, by experience and training, possess management skills that	79573
equip the director to administer an enterprise of the nature of a	79574
state lottery. The director shall receive an annual salary in	79575
accordance with pay range 48 of section 124.152 of the Revised	79576
Code.	79577

(B)(1) The director shall attend all meetings of the	79578
commission and shall act as its secretary. The director shall keep	79579
a record of all commission proceedings and shall keep the	79580
commission's records, files, and documents at the commission's	79581
principal office. All records of the commission's meetings shall	79582
be available for inspection by any member of the public, upon a	79583
showing of good cause and prior notification to the director.	79584

(2) The director shall be the commission's executive officer	79585
and shall be responsible for keeping all commission records and	79586
supervising and administering the state lottery in accordance with	79587
this chapter, and carrying out all commission rules adopted under	79588
section 3770.03 of the Revised Code.	79589

(C)(1) The director shall appoint an assistant director,	79590
deputy directors of marketing, operations, sales, finance, public	79591
relations, security, and administration, and as many regional	79592
managers as are required. The director may also appoint necessary	79593
professional, technical, and clerical assistants. All such	79594
officers and employees shall be appointed and compensated pursuant	79595
to Chapter 124. of the Revised Code. Regional and assistant	79596
regional managers, sales representatives, and any lottery	79597
executive account representatives shall remain in the unclassified	79598
service.	79599

(2) The director, in consultation with the director of	79600
administrative services, may establish standards of proficiency	79601
and productivity for commission field representatives.	79602

(D) The director shall request the bureau of criminal	79603
identification and investigation, the department of public safety,	79604
or any other state, local, or federal agency to supply the	79605
director with the criminal records of any job applicant and may	79606
periodically request the criminal records of commission employees.	79607
At or prior to the time of making such a request, the director	79608
shall require a job applicant or commission employee to obtain	79609
fingerprint cards prescribed by the superintendent of the bureau	79610
of criminal identification and investigation at a qualified law	79611
enforcement agency, and the director shall cause these fingerprint	79612
cards to be forwarded to the bureau of criminal identification and	79613
investigation and the federal bureau of investigation. The	79614
commission shall assume the cost of obtaining the fingerprint	79615
cards and shall pay to each agency supplying criminal records for	79616
each investigation under this division a reasonable fee, as	79617
determined by the agency.	79618

(E) The director shall license lottery sales agents pursuant	79619
to section 3770.05 of the Revised Code and, when it is considered	79620
necessary, may revoke or suspend the license of any lottery sales	79621
agent. The director may license video lottery technology	79622
providers, independent testing laboratories, and gaming employees,	79623
and promulgate rules relating thereto. When the director considers	79624
it necessary, the director may suspend or revoke the license of a	79625
video lottery technology provider, independent testing laboratory,	79626
or gaming employee, including suspension or revocation without	79627
affording an opportunity for a prior hearing under section 119.07	79628
of the Revised Code when the public safety, convenience, or trust	79629
requires immediate action.	79630

(F) The director shall confer at least once each month with	79631
the commission, at which time the director shall advise it	79632
regarding the operation and administration of the lottery. The	79633
director shall make available at the request of the commission all	79634
documents, files, and other records pertaining to the operation	79635
and administration of the lottery. The director shall prepare and	79636
make available to the commission each month a complete and	79637
accurate accounting of lottery revenues, prize money disbursements	79638
and the cost of goods and services awarded as prizes, operating	79639
expenses, and all other relevant financial information, including	79640
an accounting of all transfers made from any lottery funds in the	79641
custody of the treasurer of state to benefit education.	79642

(G) The director may enter into contracts for the operation	79643
or promotion of the lottery pursuant to Chapter 125. of the	79644
Revised Code.	79645

(H)(1) Pursuant to rules adopted by the commission under	79646
section 3770.03 of the Revised Code, the director shall require	79647
any lottery sales agents to ~~either mail directly to the commission~~	79648
or deposit to the credit of the state lottery fund, in banking	79649
institutions designated by the treasurer of state, net proceeds	79650
due the commission as determined by the director~~, and to file with~~	79651
~~the director or the director's designee reports of their receipts~~	79652
~~and transactions in the sale of lottery tickets in the form~~	79653
~~required by the director~~.	79654

(2) Pursuant to rules adopted by the commission under Chapter	79655
119. of the Revised Code, the director may impose penalties for	79656
the failure of a sales agent to transfer funds to the commission	79657
in a timely manner. Penalties may include monetary penalties,	79658
immediate suspension or revocation of a license, or any other	79659
penalty the commission adopts by rule.	79660

(I) The director may arrange for any person, or any banking	79661
institution, to perform functions and services in connection with	79662
the operation of the lottery as the director may consider	79663
necessary to carry out this chapter.	79664

(J)(1) As used in this chapter, "statewide joint lottery	79665
game" means a lottery game that the commission sells solely within	79666
this state under an agreement with other lottery jurisdictions to	79667
sell the same lottery game solely within their statewide or other	79668
jurisdictional boundaries.	79669

(2) If the governor directs the director to do so, the	79670
director shall enter into an agreement with other lottery	79671
jurisdictions to conduct statewide joint lottery games. If the	79672
governor signs the agreement personally or by means of an	79673
authenticating officer pursuant to section 107.15 of the Revised	79674
Code, the director then may conduct statewide joint lottery games	79675
under the agreement.	79676

(3) The entire net proceeds from any statewide joint lottery	79677
games shall be used to fund elementary, secondary, vocational, and	79678
special education programs in this state.	79679

(4) The commission shall conduct any statewide joint lottery	79680
games in accordance with rules it adopts under division (B)(5) of	79681
section 3770.03 of the Revised Code.	79682

(K)(1) The director shall enter into an agreement with the	79683
department of ~~alcohol and drug addiction services~~mental health	79684
and addiction services under which the department shall provide a	79685
program of gambling addiction services on behalf of the	79686
commission. The commission shall pay the costs of the program	79687
provided pursuant to the agreement.	79688

(2) As used in this section, "gambling addiction services"	79689
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	79690
Code.	79691

Sec. 3770.06. (A) There is hereby created the state lottery	79692
gross revenue fund, which shall be in the custody of the treasurer	79693
of state but shall not be part of the state treasury. All gross	79694
revenues received from sales of lottery tickets, fines, fees, and	79695
related proceeds in connection with the statewide lottery and all	79696
gross proceeds from statewide joint lottery games shall be	79697
deposited into the fund. The treasurer of state shall invest any	79698
portion of the fund not needed for immediate use in the same	79699
manner as, and subject to all provisions of law with respect to	79700
the investment of, state funds. The treasurer of state shall	79701
disburse money from the fund on order of the director of the state	79702
lottery commission or the director's designee.	79703

Except for gross proceeds from statewide joint lottery games,	79704
all revenues of the state lottery gross revenue fund that are not	79705
paid to holders of winning lottery tickets, that are not required	79706
to meet short-term prize liabilities, that are not credited to	79707
lottery sales agents in the form of bonuses, commissions, or	79708
reimbursements, that are not paid to financial institutions to	79709
reimburse those institutions for sales agent nonsufficient funds,	79710
and that are collected from sales agents for remittance to	79711
insurers under contract to provide sales agent bonding services	79712
shall be transferred to the state lottery fund, which is hereby	79713
created in the state treasury. In addition, all revenues of the	79714
state lottery gross revenue fund that represent the gross proceeds	79715
from the statewide joint lottery games and that are not paid to	79716
holders of winning lottery tickets, that are not required to meet	79717
short-term prize liabilities, that are not credited to lottery	79718
sales agents in the form of bonuses, commissions, or	79719
reimbursements, and that are not necessary to cover operating	79720
expenses associated with those games or to otherwise comply with	79721
the agreements signed by the governor that the director enters	79722
into under division (J) of section 3770.02 of the Revised Code or	79723
the rules the commission adopts under division (B)(5) of section	79724
3770.03 of the Revised Code shall be transferred to the state	79725
lottery fund. All investment earnings of the fund shall be	79726
credited to the fund. Moneys shall be disbursed from the fund	79727
pursuant to vouchers approved by the director. Total disbursements	79728
for monetary prize awards to holders of winning lottery tickets in	79729
connection with the statewide lottery and purchases of goods and	79730
services awarded as prizes to holders of winning lottery tickets	79731
shall be of an amount equal to at least fifty per cent of the	79732
total revenue accruing from the sale of lottery tickets.	79733

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	79734
there is hereby established in the state treasury the lottery	79735
profits education fund. Whenever, in the judgment of the director	79736
of the state lottery commission, the amount to the credit of the	79737
state lottery fund that does not represent proceeds from statewide	79738
joint lottery games is in excess of that needed to meet the	79739
maturing obligations of the commission and as working capital for	79740
its further operations, the director of the state lottery	79741
commission shall recommend the amount of the excess to be	79742
transferred to the lottery profits education fund, and the	79743
director of budget and management may transfer the excess to the	79744
lottery profits education fund in connection with the statewide	79745
lottery. In addition, whenever, in the judgment of the director of	79746
the state lottery commission, the amount to the credit of the	79747
state lottery fund that represents proceeds from statewide joint	79748
lottery games equals the entire net proceeds of those games as	79749
described in division (B)(5) of section 3770.03 of the Revised	79750
Code and the rules adopted under that division, the director of	79751
the state lottery commission shall recommend the amount of the	79752
proceeds to be transferred to the lottery profits education fund,	79753
and the director of budget and management may transfer those	79754
proceeds to the lottery profits education fund. Investment	79755
earnings of the lottery profits education fund shall be credited	79756
to the fund.	79757

The lottery profits education fund shall be used solely for	79758
the support of elementary, secondary, vocational, and special	79759
education programs as determined in appropriations made by the	79760
general assembly, or as provided in applicable bond proceedings	79761
for the payment of debt service on obligations issued to pay costs	79762
of capital facilities, including those for a system of common	79763
schools throughout the state pursuant to section 2n of Article	79764
VIII, Ohio Constitution. When determining the availability of	79765
money in the lottery profits education fund, the director of	79766
budget and management may consider all balances and estimated	79767
revenues of the fund.	79768

(C) There is hereby established in the state treasury the	79769
deferred prizes trust fund. With the approval of the director of	79770
budget and management, an amount sufficient to fund annuity prizes	79771
shall be transferred from the state lottery fund and credited to	79772
the trust fund. The treasurer of state shall credit all earnings	79773
arising from investments purchased under this division to the	79774
trust fund. Within sixty days after the end of each fiscal year,	79775
the treasurer of state shall certify to the director of budget and	79776
management whether the actuarial amount of the trust fund is	79777
sufficient over the fund's life for continued funding of all	79778
remaining deferred prize liabilities as of the last day of the	79779
fiscal year just ended. Also, within that sixty days, the director	79780
of budget and management shall certify the amount of investment	79781
earnings necessary to have been credited to the trust fund during	79782
the fiscal year just ending to provide for such continued funding	79783
of deferred prizes. Any earnings credited in excess of the latter	79784
certified amount shall be transferred to the lottery profits	79785
education fund.	79786

To provide all or a part of the amounts necessary to fund	79787
deferred prizes awarded by the commission in connection with the	79788
statewide lottery, the treasurer of state, in consultation with	79789
the commission, may invest moneys contained in the deferred prizes	79790
trust fund which represents proceeds from the statewide lottery in	79791
obligations of the type permitted for the investment of state	79792
funds but whose maturities are thirty years or less.	79793
Notwithstanding the requirements of any other section of the	79794
Revised Code, to provide all or part of the amounts necessary to	79795
fund deferred prizes awarded by the commission in connection with	79796
statewide joint lottery games, the treasurer of state, in	79797
consultation with the commission, may invest moneys in the trust	79798
fund which represent proceeds derived from the statewide joint	79799
lottery games in accordance with the rules the commission adopts	79800
under division (B)(5) of section 3770.03 of the Revised Code.	79801
Investments of the trust fund are not subject to the provisions of	79802
division (A)(10) of section 135.143 of the Revised Code limiting	79803
to twenty-five per cent the amount of the state's total average	79804
portfolio that may be invested in debt interests and limiting to	79805
one-half of one per cent the amount that may be invested in debt	79806
interests of a single issuer.	79807

All purchases made under this division shall be effected on a	79808
delivery versus payment method and shall be in the custody of the	79809
treasurer of state.	79810

The treasurer of state may retain an investment advisor, if	79811
necessary. The commission shall pay any costs incurred by the	79812
treasurer of state in retaining an investment advisor.	79813

(D) The auditor of state shall conduct annual audits of all	79814
funds and any other audits as the auditor of state or the general	79815
assembly considers necessary. The auditor of state may examine all	79816
records, files, and other documents of the commission, and records	79817
of lottery sales agents that pertain to their activities as	79818
agents, for purposes of conducting authorized audits.	79819

(E) The state lottery commission shall establish an internal	79820
audit ~~program~~plan before the beginning of each fiscal year,	79821
subject to the approval of the ~~auditor~~office of ~~state~~internal	79822
audit in the office of budget and management. At the end of each	79823
fiscal year, the commission shall prepare and submit an annual	79824
report to the ~~auditor~~office of ~~state~~internal audit for the	79825
~~auditor of state's~~office's review and approval, specifying the	79826
internal audit work completed by the end of that fiscal year and	79827
reporting on compliance with the annual internal audit ~~program.~~	79828
~~The form and content of the report shall be prescribed by the~~	79829
~~auditor of state under division (C) of section 117.20 of the~~	79830
~~Revised Code~~plan.	79831

~~(E)~~(F) Whenever, in the judgment of the director of budget	79832
and management, an amount of net state lottery proceeds is	79833
necessary to be applied to the payment of debt service on	79834
obligations, all as defined in sections 151.01 and 151.03 of the	79835
Revised Code, the director shall transfer that amount directly	79836
from the state lottery fund or from the lottery profits education	79837
fund to the bond service fund defined in those sections. The	79838
provisions of this division are subject to any prior pledges or	79839
obligation of those amounts to the payment of bond service charges	79840
as defined in division (C) of section 3318.21 of the Revised Code,	79841
as referred to in division (B) of this section.	79842

Sec. 3770.21. (A) As used in this section:

79843

(1) "Video lottery terminal" means any electronic device	79844
approved by the state lottery commission that provides immediate	79845
prize determinations for participants on an electronic display	79846
that is located at a facility owned by a holder of a permit as	79847
defined in rule 3769-1-05 of the Administrative Code.	79848

(2) "Video lottery terminal promotional gaming credit" means	79849
a video lottery terminal game credit, discount, or other similar	79850
item issued to a patron to enable the placement of, or increase	79851
in, a wager at a video lottery terminal.	79852

(3) "Video lottery terminal income" means credits played,	79853
minus approved video lottery terminal promotional gaming credits,	79854
minus video lottery prize awards.	79855

(B)(1) The state lottery commission shall include, in	79856
conjunction with the state racing commission, in any rules adopted	79857
concerning video lottery terminals, the level of minimum	79858
investments that must be made by video lottery terminal sales	79859
agents in the buildings, fixtures, equipment, facilities-related	79860
preparation, and grounds at the facilities, including temporary	79861
facilities, in which the terminals will be located, along with any	79862
standards and timetables for such investments.	79863

(2) The state lottery commission may include, in consultation	79864
with the Ohio casino control commission, in rules adopted	79865
concerning video lottery terminals, standards and requirements for	79866
security and surveillance equipment that shall require a licensed	79867
video lottery sales agent to install security and surveillance	79868
equipment where any chips, tokens, tickets, electronic cards, or	79869
similar objects may be redeemed for cash, whether by an employee	79870
or by electronic means, that shall capture, for law enforcement	79871
purposes, facial feature pattern characteristics, including a	79872
computerized facial image, and that shall require such records to	79873
be retained for at least five years. The commission may secure, by	79874
agreement, information and services as the commission considers	79875
necessary from any state agency or other unit of state government.	79876
All costs related to the installation of security and surveillance	79877
equipment shall be the responsibility of the licensed video	79878
lottery sales agent.	79879

(C) A licensed video lottery sales agent may provide video	79880
lottery terminal promotional gaming credits to patrons for video	79881
lottery terminal gaming. Video lottery terminal promotional gaming	79882
credits shall be subject to approval by the director of the state	79883
lottery commission.	79884

(D) Video lottery terminal sales agents shall develop	79885
internal guidelines and controls for the purpose of giving	79886
minority business enterprises the ability to compete for the	79887
awarding of contracts to provide goods and services to those sales	79888
agents. As used in this division, "minority business enterprise"	79889
has the meaning defined in section 122.71 of the Revised Code.	79890

(E) No license or excise tax or fee not in effect on the	79891
effective date of this section shall be assessed upon or collected	79892
from a video lottery terminal sales agent by any county, township,	79893
municipal corporation, school district, or other political	79894
subdivision of the state that has authority to assess or collect a	79895
tax or fee by reason of the video lottery terminal related conduct	79896
authorized by section 3770.03 of the Revised Code. This division	79897
does not prohibit the imposition of taxes under Chapter 718. or	79898
3769. of the Revised Code.	79899

(F)(1) Any action asserting that this section or section	79900
3770.03 of the Revised Code or any portion of those sections or	79901
any rule adopted under those sections violates any provision of	79902
the Ohio Constitution shall be brought in the court of common	79903
pleas of Franklin county within ninety days after the effective	79904
date of the amendment of this section by Am. Sub. H.B. 386 of the	79905
129th general assembly, June 11, 2012, or within ninety days after	79906
the effective day of any rule, as applicable.	79907

(2) Any claim asserting that any action taken by the governor	79908
or the lottery commission pursuant to those sections violates any	79909
provision of the Ohio Constitution or any provision of the Revised	79910
Code shall be brought in the court of common pleas of Franklin	79911
county within sixty days after the action is taken.	79912

(3) Divisions (F)(1) and (2) of this section do not apply to	79913
any claim within the original jurisdiction of the supreme court or	79914
a court of appeals under Article IV of the Ohio Constitution.	79915

(G) The court of common pleas of Franklin county shall give	79916
any claim filed under division (F)(1) or (2) of this section	79917
priority over all other civil cases before the court, irrespective	79918
of position on the court's calendar, and shall make a	79919
determination on the claim expeditiously. A court of appeals shall	79920
give any appeal from a final order issued in a case brought	79921
pursuant to division (F) of this section priority over all other	79922
civil cases before the court, irrespective of position on the	79923
court's calendar, and shall make a determination on the appeal	79924
expeditiously.	79925

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	79926
the commission shall have authority to complete the functions of	79927
licensing, regulating, investigating, and penalizing casino	79928
operators, management companies, holding companies, key employees,	79929
casino gaming employees, and gaming-related vendors. The	79930
commission also shall have jurisdiction over all persons	79931
participating in casino gaming authorized by Section 6(C) of	79932
Article XV, Ohio Constitution, and this chapter.	79933

(B) All rules adopted by the commission under this chapter	79934
shall be adopted under procedures established in Chapter 119. of	79935
the Revised Code. The commission may contract for the services of	79936
experts and consultants to assist the commission in carrying out	79937
its duties under this section.	79938

(C) Within six months of September 10, 2010, the commission	79939
shall adopt initial rules as are necessary for completing the	79940
functions stated in division (A) of this section and for	79941
addressing the subjects enumerated in division (D) of this	79942
section.	79943

(D) The commission shall adopt, and as advisable and	79944
necessary shall amend or repeal, rules that include all of the	79945
following:	79946

(1) The prevention of practices detrimental to the public	79947
interest;	79948

(2) Prescribing the method of applying, and the form of	79949
application, that an applicant for a license under this chapter	79950
must follow as otherwise described in this chapter;	79951

(3) Prescribing the information to be furnished by an	79952
applicant or licensee as described in section 3772.11 of the	79953
Revised Code;	79954

(4) Describing the certification standards and duties of an	79955
independent testing laboratory certified under section 3772.31 of	79956
the Revised Code and the relationship between the commission, the	79957
laboratory, the gaming-related vendor, and the casino operator;	79958

(5) The minimum amount of insurance that must be maintained	79959
by a casino operator, management company, holding company, or	79960
gaming-related vendor;	79961

(6) The approval process for a significant change in	79962
ownership or transfer of control of a licensee as provided in	79963
section 3772.091 of the Revised Code;	79964

(7) The design of gaming supplies, devices, and equipment to	79965
be distributed by gaming-related vendors;	79966

(8) Identifying the casino gaming that is permitted,	79967
identifying the gaming supplies, devices, and equipment, that are	79968
permitted, defining the area in which the permitted casino gaming	79969
may be conducted, and specifying the method of operation according	79970
to which the permitted casino gaming is to be conducted as	79971
provided in section 3772.20 of the Revised Code, and requiring	79972
gaming devices and equipment to meet the standards of this state;	79973

(9) Tournament play in any casino facility;

79974

(10) Establishing and implementing a voluntary exclusion	79975
program that provides all of the following:	79976

(a) Except as provided by commission rule, a person who	79977
participates in the program shall agree to refrain from entering a	79978
casino facility.	79979

(b) The name of a person participating in the program shall	79980
be included on a list of persons excluded from all casino	79981
facilities.	79982

(c) Except as provided by commission rule, no person who	79983
participates in the program shall petition the commission for	79984
admittance into a casino facility.	79985

(d) The list of persons participating in the program and the	79986
personal information of those persons shall be confidential and	79987
shall only be disseminated by the commission to a casino operator	79988
and the agents and employees of the casino operator for purposes	79989
of enforcement and to other entities, upon request of the	79990
participant and agreement by the commission.	79991

(e) A casino operator shall make all reasonable attempts as	79992
determined by the commission to cease all direct marketing efforts	79993
to a person participating in the program.	79994

(f) A casino operator shall not cash the check of a person	79995
participating in the program or extend credit to the person in any	79996
manner. However, the program shall not exclude a casino operator	79997
from seeking the payment of a debt accrued by a person before	79998
participating in the program.	79999

(g) Any and all locations at which a person may register as a	80000
participant in the program shall be published.	80001

(11) Requiring the commission to adopt standards regarding	80002
the marketing materials of a licensed casino operator, including	80003
allowing the commission to prohibit marketing materials that are	80004
contrary to the adopted standards;	80005

(12) Requiring that the records, including financial	80006
statements, of any casino operator, management company, holding	80007
company, and gaming-related vendor be maintained in the manner	80008
prescribed by the commission and made available for inspection	80009
upon demand by the commission, but shall be subject to section	80010
3772.16 of the Revised Code;	80011

(13) Permitting a licensed casino operator, management	80012
company, key employee, or casino gaming employee to question a	80013
person suspected of violating this chapter;	80014

(14) The chips, tokens, tickets, electronic cards, or similar	80015
objects that may be purchased by means of an agreement under which	80016
credit is extended to a wagerer by a casino operator;	80017

(15) Establishing standards for provisional key employee	80018
licenses for a person who is required to be licensed as a key	80019
employee and is in exigent circumstances and standards for	80020
provisional licenses for casino gaming employees who submit	80021
complete applications and are compliant under an instant	80022
background check. A provisional license shall be valid not longer	80023
than three months. A provisional license may be renewed one time,	80024
at the commission's discretion, for an additional three months. In	80025
establishing standards with regard to instant background checks	80026
the commission shall take notice of criminal records checks as	80027
they are conducted under section 311.41 of the Revised Code using	80028
electronic fingerprint reading devices.	80029

(16) Establishing approval procedures for third-party	80030
engineering or accounting firms, as described in section 3772.09	80031
of the Revised Code;	80032

(17) Prescribing the manner in which winnings, compensation	80033
from casino gaming, and gross revenue must be computed and	80034
reported by a licensee as described in Chapter 5753. of the	80035
Revised Code;	80036

(18) Prescribing conditions under which a licensee's license	80037
may be suspended or revoked as described in section 3772.04 of the	80038
Revised Code;	80039

(19) Prescribing the manner and procedure of all hearings to	80040
be conducted by the commission or by any hearing examiner;	80041

(20) Prescribing technical standards and requirements that	80042
are to be met by security and surveillance equipment that is used	80043
at and standards and requirements to be met by personnel who are	80044
employed at casino facilities, and standards and requirements for	80045
the provision of security at and surveillance of casino	80046
facilities;. Such standards and requirements may require the	80047
casino operator, holding company, or management company to install	80048
security and surveillance equipment where any chips, tokens,	80049
tickets, electronic cards, or similar objects may be redeemed for	80050
cash, whether by a casino gaming employee or by electronic means,	80051
that shall capture, for law enforcement purposes, facial feature	80052
pattern characteristics, including a computerized facial image,	80053
and that shall require such records to be retained for at least	80054
five years. The commission may secure, by agreement, information	80055
and services as the commission considers necessary from any state	80056
agency or other unit of state government. All costs related to the	80057
installation of security and surveillance equipment shall be the	80058
responsibility of the casino operator, holding company, or	80059
management company.	80060

(21) Prescribing requirements for a casino operator to	80061
provide unarmed security services at a casino facility by licensed	80062
casino employees, and the training that shall be completed by	80063
these employees;	80064

(22) Prescribing standards according to which casino	80065
operators shall keep accounts and standards according to which	80066
casino accounts shall be audited, and establish means of assisting	80067
the tax commissioner in levying and collecting the gross casino	80068
revenue tax levied under section 5753.02 of the Revised Code;	80069

(23) Defining penalties for violation of commission rules and	80070
a process for imposing such penalties subject to the review of the	80071
joint committee on gaming and wagering;	80072

(24) Establishing standards for decertifying contractors that	80073
violate statutes or rules of this state or the federal government;	80074

(25) Establishing standards for the repair of casino gaming	80075
equipment;	80076

(26) Establishing procedures to ensure that casino operators,	80077
management companies, and holding companies are compliant with the	80078
compulsive and problem gambling plan submitted under section	80079
3772.18 of the Revised Code;	80080

(27) Prescribing, for institutional investors in or holding	80081
companies of a casino operator, management company, holding	80082
company, or gaming-related vendor that fall below the threshold	80083
needed to be considered an institutional investor or a holding	80084
company, standards regarding what any employees, members, or	80085
owners of those investors or holding companies may do and shall	80086
not do in relation to casino facilities and casino gaming in this	80087
state, which standards shall rationally relate to the need to	80088
proscribe conduct that is inconsistent with passive institutional	80089
investment status;	80090

(28) Providing for any other thing necessary and proper for	80091
successful and efficient regulation of casino gaming under this	80092
chapter.	80093

(E) The commission shall employ and assign gaming agents as	80094
necessary to assist the commission in carrying out the duties of	80095
this chapter. In order to maintain employment as a gaming agent,	80096
the gaming agent shall successfully complete all continuing	80097
training programs required by the commission and shall not have	80098
been convicted of or pleaded guilty or no contest to a	80099
disqualifying offense as defined in section 3772.07 of the Revised	80100
Code.	80101

(F) The commission, as a law enforcement agency, and its	80102
gaming agents, as law enforcement officers as defined in section	80103
2901.01 of the Revised Code, shall have authority with regard to	80104
the detection and investigation of, the seizure of evidence	80105
allegedly relating to, and the apprehension and arrest of persons	80106
allegedly committing gaming offenses, and shall have access to	80107
casino facilities to carry out the requirements of this chapter.	80108

(G) The commission may eject or exclude or authorize the	80109
ejection or exclusion of and a gaming agent may eject a person	80110
from a casino facility for any of the following reasons:	80111

(1) The person's name is on the list of persons voluntarily	80112
excluding themselves from all casinos in a program established	80113
according to rules adopted by the commission;	80114

(2) The person violates or conspires to violate this chapter	80115
or a rule adopted thereunder; or	80116

(3) The commission determines that the person's conduct or	80117
reputation is such that the person's presence within a casino	80118
facility may call into question the honesty and integrity of the	80119
casino gaming operations or interfere with the orderly conduct of	80120
the casino gaming operations.	80121

(H) A person, other than a person participating in a	80122
voluntary exclusion program, may petition the commission for a	80123
public hearing on the person's ejection or exclusion under this	80124
chapter.	80125

(I) A casino operator or management company shall have the	80126
same authority to eject or exclude a person from the management	80127
company's casino facilities as authorized in division (G) of this	80128
section. The licensee shall immediately notify the commission of	80129
an ejection or exclusion.	80130

(J) The commission shall submit a written annual report with	80131
the governor, president and minority leader of the senate, speaker	80132
and minority leader of the house of representatives, and joint	80133
committee on gaming and wagering before the first day of September	80134
each year. The annual report shall include a statement describing	80135
the receipts and disbursements of the commission, relevant	80136
financial data regarding casino gaming, including gross revenues	80137
and disbursements made under this chapter, actions taken by the	80138
commission, an update on casino operators', management companies',	80139
and holding companies' compulsive and problem gambling plans and	80140
the voluntary exclusion program and list, and any additional	80141
information that the commission considers useful or that the	80142
governor, president or minority leader of the senate, speaker or	80143
minority leader of the house of representatives, or joint	80144
committee on gaming and wagering requests.	80145

(K) Notwithstanding any law to the contrary, beginning on	80146
July 1, 2011, the commission shall assume jurisdiction over and	80147
oversee the regulation of skill-based amusement machines as is	80148
provided in the law of this state.	80149

Sec. 3772.062. (A) The executive director of the commission	80150
shall enter into an agreement with the department of ~~alcohol and~~	80151
~~drug addiction services~~mental health and addiction services under	80152
which the department provides a program of gambling and addiction	80153
services on behalf of the commission.	80154

(B) The executive director of the commission, in conjunction	80155
with the department of ~~alcohol and drug addiction services~~mental	80156
health and addiction services and the state lottery commission,	80157
shall establish, operate, and publicize an in-state, toll-free	80158
telephone number Ohio residents may call to obtain basic	80159
information about problem gambling, the gambling addiction	80160
services available to problem gamblers, and how a problem gambler	80161
may obtain help. The telephone number shall be staffed twenty-four	80162
hours per day, seven days a week, to respond to inquiries and	80163
provide that information. The costs of establishing, operating,	80164
and publicizing the telephone number shall be paid for with money	80165
in the problem casino gambling and addictions fund.	80166

Sec. 3772.24. (A) An employee of a casino facility who is	80167
between eighteen and twenty-one years of age may be present in the	80168
area of a casino facility where casino gaming is being conducted,	80169
as long as the employee's duties are related solely to nongaming	80170
activities. An individual who is less than twenty-one years of age	80171
may enter a designated area of a casino facility where casino	80172
gaming is being conducted, as established by the commission, to	80173
pass to another area where casino gaming is not being conducted,	80174
but only if the individual is personally escorted by licensed	80175
casino personnel, as approved by the commission, who at all times	80176
remain in close proximity to the individual. An individual who is	80177
less than twenty-one years of age shall not make a wager under	80178
this chapter.	80179

(B) Casino operators shall notify the commission of the days	80180
and hours during which casino gaming will be conducted.	80181

Sec. 3772.36. (A) There is hereby created in the state	80182
treasury the casino control commission enforcement fund. All	80183
moneys that are derived from any fines, mandatory fines, or	80184
forfeited bail to which the commission may be entitled under this	80185
chapter and all moneys that are derived from forfeitures of	80186
property to which the commission may be entitled under this	80187
chapter or Chapter 2981. of the Revised Code, any other provision	80188
of the Revised Code, or federal law shall be deposited into the	80189
fund. Subject to division (B) of this section and divisions (B),	80190
(C), and (D) of section 2981.13 of the Revised Code, the moneys in	80191
the fund shall be used solely to subsidize the commission's	80192
division of enforcement and its efforts to ensure the integrity of	80193
casino gaming.	80194

(B) Notwithstanding any contrary provision in the Revised	80195
Code, moneys that are derived from forfeitures of property under	80196
federal law and that are deposited into the casino control	80197
commission enforcement fund in accordance with division (A) of	80198
this section shall be used and accounted for in accordance with	80199
the applicable federal law, and the commission otherwise shall	80200
comply with federal law in connection with that money.	80201

Sec. 3781.112. (A) As used in this section, "secured	80202
facility" means any of the following:	80203

(1) A maternity unit, newborn care nursery, or maternity home	80204
licensed under Chapter 3711. of the Revised Code;	80205

(2) A pediatric intensive care unit subject to rules adopted	80206
by the director of health pursuant to section 3702.11 of the	80207
Revised Code;	80208

(3) A children's hospital, as defined in section 3727.01 of	80209
the Revised Code;	80210

(4) A hospital that is licensed under section ~~5119.20~~5119.33	80211
of the Revised Code to receive mentally ill persons;	80212

(5) The portion of a nursing home licensed under section	80213
3721.02 of the Revised Code or in accordance with section 3721.09	80214
of the Revised Code in which specialized care is provided to	80215
residents of the nursing home who have physical or mental	80216
conditions that require a resident to be restricted in the	80217
resident's freedom of movement for the health and safety of the	80218
resident, the staff attending the resident, or the general public.	80219

(B) A secured facility may take reasonable steps in	80220
accordance with rules the board of building standards adopts under	80221
division (A) of section 3781.10 of the Revised Code and in	80222
accordance with the state fire code the fire marshal adopts under	80223
section 3737.82 of the Revised Code, to deny egress to confine and	80224
protect patients or residents of the secured facility who are not	80225
capable of self-preservation. A secured facility that wishes to	80226
deny egress to those patients or residents may use delayed-egress	80227
doors and electronically coded doors to deny egress, on the	80228
condition that those doors are installed and used in accordance	80229
with rules the board of building standards adopts under division	80230
(A) of section 3781.10 of the Revised Code and in accordance with	80231
the state fire code the fire marshal adopts under section 3737.82	80232
of the Revised Code. A secured facility also may install	80233
controlled-egress locks, in compliance with rules the board of	80234
building standards adopts under division (A) of section 3781.10 of	80235
the Revised Code and in compliance with the state fire code the	80236
fire marshal adopts under section 3737.82 of the Revised Code, in	80237
areas of the secured facility where patients or residents who have	80238
physical or mental conditions that would endanger the patients or	80239
residents, the staff attending the patients or residents, or the	80240
general public if those patients or residents are not restricted	80241
in their freedom of movement. A secured facility that uses	80242
delayed-egress doors and electronically coded doors,	80243
controlled-egress locks, or both, shall do both of the following:	80244

(1) Provide continuous, twenty-four-hour custodial care to	80245
the patients or residents of the facility;	80246

(2) Establish a system to evacuate patients or residents in	80247
the event of fire or other emergency.	80248

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	80249
3795.03 of the Revised Code:	80250

(A) "Assist suicide" or "assisting suicide" means knowingly	80251
doing either of the following, with the purpose of helping another	80252
person to commit or attempt suicide:	80253

(1) Providing the physical means by which the person commits	80254
or attempts to commit suicide;	80255

(2) Participating in a physical act by which the person	80256
commits or attempts to commit suicide.	80257

(B) "Certified nurse practitioner," "certified	80258
nurse-midwife," and "clinical nurse specialist" have the same	80259
meanings as in section 4723.01 of the Revised Code.	80260

(C) "CPR" has the same meaning as in section 2133.21 of the	80261
Revised Code.	80262

(D) "Health care" means any care, treatment, service, or	80263
procedure to maintain, diagnose, or treat a person's physical or	80264
mental condition.	80265

(E) "Health care decision" means informed consent, refusal to	80266
give informed consent, or withdrawal of informed consent to health	80267
care.	80268

(F) "Health care facility" means any of the following:

80269

(1) A hospital;

80270

(2) A hospice care program or pediatric respite care program	80271
as defined in section 3712.01 of the Revised Code;	80272

(3) A nursing home;

80273

(4) A home health agency;

80274

(5) An intermediate care facility for ~~the mentally retarded~~	80275
individuals with intellectual disabilities.	80276

(G) "Health care personnel" means physicians, nurses,	80277
physician assistants, emergency medical technicians-basic,	80278
emergency medical technicians-intermediate, emergency medical	80279
technicians-paramedic, medical technicians, dietitians, other	80280
authorized persons acting under the direction of an attending	80281
physician, and administrators of health care facilities.	80282

(H) "Physician" means a person who is authorized under	80283
Chapter 4731. of the Revised Code to practice medicine and surgery	80284
or osteopathic medicine and surgery.	80285

Sec. 3798.01. As used in this chapter:

80286

(A) "Administrative safeguards," "physical safeguards," and	80287
"technical safeguards" have the same meanings as in 45 C.F.R.	80288
164.304.	80289

(B) "Approved health information exchange" means a health	80290
information exchange that has been approved or reapproved by the	80291
medicaid director ~~of job and family services~~ pursuant to the	80292
approval or reapproval process, as applicable, the director	80293
establishes in rules adopted under division (A) of section 3798.15	80294
of the Revised Code or that has been certified by the office of	80295
the national coordinator for health information technology in the	80296
United States department of health and human services.	80297

(C) "Covered entity," "disclosure," "health care provider,"	80298
"health information," "individually identifiable health	80299
information," "protected health information," and "use" have the	80300
same meanings as in 45 C.F.R. 160.103.	80301

(D) "Designated record set" has the same meaning as in 45	80302
C.F.R. 164.501.	80303

(E) "Direct exchange" means the activity of electronic	80304
transmission of health information through a direct connection	80305
between the electronic record systems of health care providers	80306
without the use of a health information exchange.	80307

(F) "Health care component" and "hybrid entity" have the same	80308
meanings as in 45 C.F.R. 164.103.	80309

(G) "Health information exchange" means any person or	80310
governmental entity that provides in this state a technical	80311
infrastructure to connect computer systems or other electronic	80312
devices used by covered entities to facilitate the secure	80313
transmission of health information. "Health information exchange"	80314
excludes health care providers engaged in direct exchange,	80315
including direct exchange through the use of a health information	80316
service provider.	80317

(H) "HIPAA privacy rule" means the standards for privacy of	80318
individually identifiable health information in 45 C.F.R. part 160	80319
and in 45 C.F.R. part 164, subparts A and E.	80320

(I) "Interoperability" means the capacity of two or more	80321
information systems to exchange information in an accurate,	80322
effective, secure, and consistent manner.	80323

(J) "Minor" means an unemancipated person under eighteen	80324
years of age or a mentally or physically disabled person under	80325
twenty-one years of age who meets criteria specified in rules	80326
adopted by the medicaid director ~~of job and family services~~ under	80327
section 3798.13 of the Revised Code.	80328

(K) "More stringent" has the same meaning as in 45 C.F.R.	80329
160.202.	80330

(L) "Office of health transformation" means the office of	80331
health transformation created by executive order 2011-02K or a	80332
successor governmental entity responsible for health system	80333
oversight in this state.	80334

(M) "Personal representative" means a person who has	80335
authority under applicable law to make decisions related to health	80336
care on behalf of an adult or emancipated minor, or the parent,	80337
legal guardian, or other person acting in loco parentis who is	80338
authorized under law to make health care decisions on behalf of an	80339
unemancipated minor. "Personal representative" does not include	80340
the parent or legal guardian of, or another person acting in loco	80341
parentis to, a minor who consents to the minor's own receipt of	80342
health care or a minor who makes medical decisions on the minor's	80343
own behalf pursuant to law, court approval, or because the minor's	80344
parent, legal guardian, or other person acting in loco parentis	80345
has assented to an agreement of confidentiality between the	80346
provider and the minor.	80347

(N) "Political subdivision" means a municipal corporation,	80348
township, county, school district, or other body corporate and	80349
politic responsible for governmental activities in a geographic	80350
area smaller than that of the state.	80351

(O) "State agency" means any one or more of the following:

80352

(1) The department of administrative services;

80353

(2) The department of aging;

80354

~~(2)~~(3) The department of ~~alcohol and drug addiction services~~	80355
mental health and addiction services;	80356

~~(3)~~(4) The department of developmental disabilities;

80357

~~(4)~~(5) The department of education;

80358

~~(5)~~(6) The department of health;

80359

~~(6)~~(7) The department of insurance;

80360

~~(7)~~(8) The department of job and family services;

80361

~~(8)~~(9) The department of ~~mental health~~medicaid;

80362

~~(9)~~(10) The department of rehabilitation and correction;

80363

~~(10)~~(11) The department of youth services;

80364

~~(11)~~(12) The bureau of workers' compensation;

80365

~~(12)~~(13) The ~~rehabilitation services commission~~opportunities	80366
for Ohioans with disabilities agency;	80367

~~(13)~~(14) The office of the attorney general;

80368

~~(14)~~(15) A health care licensing board created under Title	80369
XLVII of the Revised Code that possesses individually identifiable	80370
health information.	80371

Sec. 3798.10. (A) Not later than six months after ~~the~~	80372
~~effective date of this section~~September 10, 2012, the medicaid	80373
director ~~of job and family services~~, in consultation with the	80374
office of health transformation, shall prescribe by rules adopted	80375
in accordance with Chapter 119. of the Revised Code a standard	80376
authorization form for the use and disclosure of protected health	80377
information by covered entities in this state. The form shall meet	80378
all requirements specified in 45 C.F.R. 164.508 and, where	80379
applicable, 42 C.F.R. part 2.	80380

(B) If a form the medicaid director prescribes under division	80381
(A) of this section is properly executed by an individual or the	80382
individual's personal representative, it shall be accepted by any	80383
person or governmental entity in this state as valid authorization	80384
for the use or disclosure of the individual's protected health	80385
information to the persons or governmental entities specified in	80386
the form.	80387

(C) This section does not preclude a person or governmental	80388
entity from accepting as valid authorization for the use or	80389
disclosure of protected health information a form other than the	80390
form prescribed under division (A) of this section if the other	80391
form meets all requirements specified in 45 C.F.R. 164.508 and, if	80392
applicable, 42 C.F.R. part 2.	80393

Sec. 3798.13. The medicaid director ~~of job and family~~	80394
~~services~~ shall adopt rules for purposes of specifying the criteria	80395
a person who is mentally or physically disabled and who is under	80396
twenty-one years of age must meet to be considered a minor for	80397
purposes of sections 3798.07 and 3798.12 of the Revised Code.	80398

Sec. 3798.14. (A) The medicaid director ~~of job and family~~	80399
~~services~~, in consultation with the office of health	80400
transformation, shall adopt rules in accordance with Chapter 119.	80401
of the Revised Code for the purpose of establishing standards the	80402
director must use to approve health information exchanges	80403
operating in this state. The rules shall not be adopted until the	80404
earlier of sixty days following the adoption of a federal	80405
certification process for health information exchanges by the	80406
office of the national coordinator for health information	80407
technology in the United States department of health and human	80408
services or January 1, 2013. Subject to division (B) of this	80409
section, the rules may include standards and procedures to be	80410
followed by a health information exchange regarding the following:	80411

(1) Access to and use and disclosure of protected health	80412
information maintained by or on an approved health information	80413
exchange;	80414

(2) Demonstration of adequate financial resources to sustain	80415
continued operations in compliance with the rules adopted under	80416
this section;	80417

(3) Participation in outreach activities for individuals and	80418
covered entities;	80419

(4) Conduct of operations in a transparent manner to promote	80420
consumer confidence;	80421

(5) Implementation of security breach notification	80422
procedures.	80423

(B) The rules the medicaid director adopts pursuant to	80424
division (A) of this section shall be consistent with	80425
certification standards for health information exchanges	80426
established in federal statutes and regulations, including	80427
nationally recognized standards for interoperability.	80428

Sec. 3798.15. (A) The medicaid director ~~of job and family~~	80429
~~services~~, in consultation with the office of health	80430
transformation, shall adopt rules in accordance with Chapter 119.	80431
of the Revised Code for the purpose of establishing processes for	80432
all of the following:	80433

(1) A health information exchange to obtain approval to	80434
operate as an approved health information exchange in this state	80435
and, at times specified by the director, obtain reapproval of such	80436
status;	80437

(2) The director to investigate and resolve concerns and	80438
complaints submitted to the director regarding an approved health	80439
information exchange;	80440

(3) A health information exchange to apply for	80441
reconsideration of a decision the director makes under a process	80442
established under division (A)(1) or (2) of this section;	80443

(4) Covered entities and approved health information	80444
exchanges to enter into participation agreements and enforce the	80445
terms of such agreements.	80446

(B) Any decision the medicaid director makes in relation to a	80447
request for reconsideration made in accordance with rules adopted	80448
under division (A)(3) of this section is not subject to appeal	80449
under Chapter 119. of the Revised Code.	80450

Sec. 3798.16. (A) The medicaid director of job and family	80451
services, in consultation with the office of health	80452
transformation, shall adopt rules in accordance with Chapter 119.	80453
of the Revised Code for the purpose of specifying the content of	80454
agreements governing covered entities' participation in approved	80455
health information exchanges. At a minimum, the rules shall	80456
require the content of such participation agreements to include	80457
all of the following:	80458

(1) Procedures for a covered entity to disclose an	80459
individual's protected health information to an approved health	80460
information exchange;	80461

(2) Procedures for a covered entity to access an individual's	80462
protected health information from an approved health information	80463
exchange;	80464

(3) Subject to division (B) of this section, a written notice	80465
to be provided by a covered entity to an individual or the	80466
individual's personal representative prior to the covered entity's	80467
disclosure of the individual's protected health information to an	80468
approved health information exchange;	80469

(4) Documentation the covered entity must use to verify that	80470
a notice described in division (A)(3) of this section has been	80471
provided by the covered entity to an individual or the	80472
individual's personal representative prior to the disclosure of	80473
the individual's protected health information to an approved	80474
health information exchange;	80475

(5) Procedures for an individual or the individual's personal	80476
representative to submit to the covered entity a written request	80477
to place restrictions on the covered entity's disclosure of	80478
protected health information to the approved health information	80479
exchange;	80480

(6) The standards a covered entity must use to determine	80481
whether, and to what extent, to comply with a written request	80482
described in division (A)(5) of this section;	80483

(7) The purposes for which a covered entity may access and	80484
use protected health information from the approved health	80485
information exchange.	80486

(B) With respect to the written notice described in division	80487
(A)(3) of this section, the rules may specify that the notice can	80488
be incorporated into the covered entity's notice of privacy	80489
practices required by 45 C.F.R. 164.520 and shall specify that the	80490
notice include the following statements:	80491

(1) The individual's protected health information will be	80492
disclosed to the approved health information exchange to	80493
facilitate the provision of health care to the individual.	80494

(2) The approved health information exchange maintains	80495
appropriate administrative, physical, and technical safeguards to	80496
protect the privacy and security of protected health information.	80497

(3) Only authorized individuals may access and use protected	80498
health information from the approved health information exchange.	80499

(4) The individual or the individual's personal	80500
representative has the right to request in writing that the	80501
covered entity do either or both of the following:	80502

(a) Not disclose any of the individual's protected health	80503
information to the approved health information exchange;	80504

(b) Not disclose specific categories of the individual's	80505
protected health information to the approved health information	80506
exchange.	80507

(5) Any restrictions on the disclosure of protected health	80508
information an individual requests as described in either division	80509
(B)(4)(a) or (b) of this section may result in a health care	80510
provider not having access to information that is necessary for	80511
the provider to render appropriate care to the individual.	80512

(6) Any restrictions on the disclosure of protected health	80513
information an individual requests as described in division	80514
(B)(4)(a) of this section must be honored by the covered entity.	80515

(7) Any restrictions on the disclosure of protected health	80516
information an individual requests as described in division	80517
(B)(4)(b) of this section must be honored if the restriction is	80518
consistent with rules adopted under this chapter.	80519

(C) In adopting standards under division (A)(6) of this	80520
section, the medicaid director shall take into consideration the	80521
technical capabilities of software available to health information	80522
exchanges."	80523

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	80524
the Revised Code do not apply to the following:	80525

(A) Policies offering coverage that is regulated under	80526
Chapters 3935. and 3937. of the Revised Code;	80527

(B) An employer's self-insurance plan and any of its	80528
administrators, as defined in section 3959.01 of the Revised Code,	80529
to the extent that federal law supersedes, preempts, prohibits, or	80530
otherwise precludes the application of any provisions of those	80531
sections to the plan and its administrators;	80532

(C) A third-party payer for coverage provided under the	80533
medicare advantage program operated under Title XVIII of the	80534
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	80535
amended;	80536

(D) A third-party payer for coverage provided under the	80537
medicaid program ~~operated under Title XIX of the "Social Security~~	80538
~~Act~~," except that if a federal waiver applied for under section	80539
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	80540
director ~~of job and family services~~ determines that this provision	80541
can be implemented without a waiver, sections 3901.38 and 3901.381	80542
to 3901.3813 of the Revised Code apply to claims submitted	80543
electronically or non-electronically that are made with respect to	80544
coverage of medicaid recipients by health insuring corporations	80545
licensed under Chapter 1751. of the Revised Code, instead of the	80546
prompt payment requirements of 42 C.F.R. 447.46;	80547

(E) A third-party payer for coverage provided under the	80548
tricare program offered by the United States department of	80549
defense.	80550

Sec. 3903.14. (A) The superintendent of insurance as	80551
rehabilitator may appoint one or more special deputies, who shall	80552
have all the powers and responsibilities of the rehabilitator	80553
granted under this section, and the superintendent may employ such	80554
clerks and assistants as considered necessary. The compensation of	80555
the special deputies, clerks, and assistants and all expenses of	80556
taking possession of the insurer and of conducting the proceedings	80557
shall be fixed by the superintendent, with the approval of the	80558
court and shall be paid out of the funds or assets of the insurer.	80559
The persons appointed under this section shall serve at the	80560
pleasure of the superintendent. In the event that the property of	80561
the insurer does not contain sufficient cash or liquid assets to	80562
defray the costs incurred, the superintendent may advance the	80563
costs so incurred out of any appropriation for the maintenance of	80564
the department of insurance. Any amounts so advanced for expenses	80565
of administration shall be repaid to the superintendent for the	80566
use of the department out of the first available money of the	80567
insurer.	80568

(B) The rehabilitator may take such action as the	80569
rehabilitator considers necessary or appropriate to reform and	80570
revitalize the insurer. The rehabilitator shall have all the	80571
powers of the directors, officers, and managers, whose authority	80572
shall be suspended, except as they are redelegated by the	80573
rehabilitator. The rehabilitator shall have full power to direct	80574
and manage, to hire and discharge employees subject to any	80575
contract rights they may have, and to deal with the property and	80576
business of the insurer.	80577

(C) If it appears to the rehabilitator that there has been	80578
criminal or tortious conduct, or breach of any contractual or	80579
fiduciary obligation detrimental to the insurer by any officer,	80580
manager, agent, director, trustee, broker, employee, or other	80581
person, the rehabilitator may pursue all appropriate legal	80582
remedies on behalf of the insurer.	80583

(D) If the rehabilitator determines that reorganization,	80584
consolidation, conversion, reinsurance, merger, or other	80585
transformation of the insurer is appropriate, the rehabilitator	80586
shall prepare a plan to effect such changes. Upon application of	80587
the rehabilitator for approval of the plan, and after such notice	80588
and hearings as the court may prescribe, the court may either	80589
approve or disapprove the plan proposed, or may modify it and	80590
approve it as modified. Any plan approved under this section shall	80591
be, in the judgment of the court, fair and equitable to all	80592
parties concerned. If the plan is approved, the rehabilitator	80593
shall carry out the plan. In the case of a life insurer, the plan	80594
proposed may include the imposition of liens upon the policies of	80595
the company, if all rights of shareholders are first relinquished.	80596
A plan for a life insurer may also propose imposition of a	80597
moratorium upon loan and cash surrender rights under policies, for	80598
such period and to such an extent as may be necessary.	80599

(E) In the case of a medicaid health insuring corporation	80600
that has posted a bond or deposited securities in accordance with	80601
section 1751.271 of the Revised Code, the plan proposed under	80602
division (D) of this section may include the use of the proceeds	80603
of the bond or securities to first pay the claims of contracted	80604
providers for covered health care services provided to medicaid	80605
recipients, then next to pay other claimants with any remaining	80606
funds, consistent with the priorities set forth in sections	80607
3903.421 and 3903.42 of the Revised Code.	80608

(F) The rehabilitator shall have the power under sections	80609
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	80610
transfers.	80611

(G) As used in this section:

80612

(1) "Contracted provider" means a provider with a contract	80613
with a medicaid health insuring corporation to provide covered	80614
health care services to medicaid recipients.	80615

(2) "Medicaid recipient" means a person ~~eligible for~~	80616
~~assistance under~~enrolled in the medicaid program ~~operated~~	80617
~~pursuant to Chapter 5111. of the Revised Code~~.	80618

Sec. 3905.40. There shall be paid to the superintendent of	80619
insurance the following fees:	80620

(A) Each insurance company doing business in this state shall	80621
pay:	80622

(1) For filing a copy of its charter or deed of settlement,	80623
two hundred fifty dollars;	80624

(2) For filing each statement, one hundred seventy-five	80625
dollars;	80626

(3) For each certificate of authority or license, one hundred	80627
seventy-five, and for each certified copy thereof, five dollars;	80628

(4) For each copy of a paper filed in the superintendent's	80629
office, twenty cents per page;	80630

(5) For issuing certificates of deposits or certified copies	80631
thereof, five dollars for the first certificate or copy and one	80632
dollar for each additional certificate or copy;	80633

(6) For issuing certificates of compliance or certified	80634
copies thereof, sixty dollars;	80635

(7) For affixing the seal of office and certifying documents,	80636
other than those enumerated herein, two dollars;	80637

(8) For each agent appointment and each annual renewal of an	80638
agent appointment, not more than twenty dollars;	80639

~~(9) For each termination of an agent appointment, five~~	80640
~~dollars~~.	80641

(B) Each domestic life insurance company doing business in	80642
this state shall pay for annual valuation of its policies, one	80643
cent on every one thousand dollars of insurance.	80644

(C) Each applicant for licensure as an insurance agent except	80645
applicants for licensure as surety bail bond agents, surplus line	80646
brokers, and portable electronics insurance vendors shall pay ten	80647
dollars for each line of authority requested. Fees collected under	80648
this division shall be credited to the department of insurance	80649
operating fund created in section 3901.021 of the Revised Code.	80650

(D) Each domestic mutual life insurance company shall pay for	80651
verifying that any amendment to its articles of incorporation was	80652
regularly adopted, two hundred fifty dollars with each application	80653
for verification. Any such amendment shall be considered to have	80654
been regularly adopted when approved by the affirmative vote of	80655
two-thirds of the policyholders present in person or by proxy at	80656
any annual meeting of policyholders or at a special meeting of	80657
policyholders called for that purpose.	80658

(E) Each insurance agent doing business in this state shall	80659
pay a biennial license renewal fee of twenty-five dollars, except	80660
the following insurance agents are not required to pay that	80661
license renewal fee:	80662

(1) Individual resident agents who have met their continuing	80663
education requirements under section 3905.481 of the Revised Code;	80664

(2) Surety bail bond agents;

80665

(3) Surplus line brokers;

80666

(4) Portable electronics insurance vendors.

80667

(F) Each applicant for licensure as a portable electronics	80668
insurance vendor with a portable electronics insurance limited	80669
lines license and each licensed vendor doing business in this	80670
state shall pay the following fees prescribed by the	80671
superintendent:	80672

(1) For vendors engaged in portable electronic transactions	80673
at more than ten locations in this state, an application fee not	80674
to exceed five thousand dollars for an initial license and a	80675
biennial license renewal fee not to exceed two thousand five	80676
hundred dollars for each renewal thereafter;	80677

(2) For vendors engaged in portable electronic transactions	80678
at ten or fewer locations in this state, an application fee not to	80679
exceed three thousand dollars for an initial license and a	80680
biennial license renewal fee not to exceed one thousand dollars	80681
for each renewal thereafter.	80682

(G) All fees collected by the superintendent under this	80683
section except any fees collected under divisions (A)(2), (3), and	80684
(6) of this section shall be credited to the department of	80685
insurance operating fund created under section 3901.021 of the	80686
Revised Code.	80687

Sec. 3905.483. (A) There is hereby created the insurance	80688
agent education advisory council to advise the superintendent of	80689
insurance in carrying out the duties imposed under sections	80690
3905.04 and 3905.481 to 3905.486 of the Revised Code.	80691

(B) The council shall be composed of the superintendent, or	80692
the superintendent's designee, and twelve members appointed by the	80693
superintendent, as follows:	80694

(1) One representative of the association of Ohio life	80695
insurance companies;	80696

(2) One representative of the independent insurance agents of	80697
Ohio;	80698

(3) One representative of the Ohio association of health	80699
underwriters;	80700

(4) One representative of the national association of	80701
insurance and financial advisors-Ohio;	80702

(5) One representative of the Ohio insurance institute;

80703

(6) One representative of the professional insurance agents	80704
association of Ohio;	80705

(7) One representative of the Ohio land title association;

80706

(8) Two insurance agents each of whom has been licensed	80707
continuously during the five-year period immediately preceding the	80708
agent's appointment;	80709

(9) One representative of an insurance company admitted to	80710
transact business in this state;	80711

(10) Two representatives of consumers, one of whom shall be	80712
at least ~~sixty~~fifty years of age.	80713

(C)(1) Of the initial eleven appointments made by the	80714
superintendent, three shall be for terms ending December 31, 1994,	80715
four shall be for terms ending December 31, 1995, and four shall	80716
be for terms ending December 31, 1996. Thereafter, terms of office	80717
shall be for three years, each term ending on the thirty-first day	80718
of December of the third year.	80719

(2) The initial appointment of the twelfth member made by the	80720
superintendent under division (B)(7) of this section, pursuant to	80721
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	80722
term ending December 31, 2003. Thereafter, the term of office	80723
shall be for three years, ending on the thirty-first day of	80724
December of the third year.	80725

(D) Each member shall hold office from the date of	80726
appointment until the end of the term for which the member was	80727
appointed. Any member appointed to fill a vacancy occurring prior	80728
to the expiration of the term for which the member's predecessor	80729
was appointed shall hold office for the remainder of such term.	80730
Any member shall continue in office subsequent to the expiration	80731
date of the member's term until the member's successor takes	80732
office, or until a period of sixty days has elapsed, whichever	80733
occurs first. A vacancy shall be filled in the same manner as the	80734
original appointment.	80735

(E) Initial appointments to the council shall be made no	80736
later than thirty days after April 16, 1993. The initial	80737
appointment of the twelfth member to the council under division	80738
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	80739
general assembly, shall be made no later than December 31, 2002.	80740

(F) Any member is eligible for reappointment. The	80741
superintendent, after notice and opportunity for a hearing, may	80742
remove for cause any member the superintendent appoints.	80743

(G) The superintendent or the superintendent's designee shall	80744
serve as chairperson of the council. Meetings shall be held upon	80745
the call of the chairperson and as may be provided by procedures	80746
adopted by the superintendent. Seven members of the council	80747
constitute a quorum.	80748

(H) Each member shall receive mileage and necessary and	80749
actual expenses while engaged in the business of the council.	80750

Sec. 3905.862. Upon the expiration or cancellation of a	80751
surety bail bond agent's appointment, the agent shall not engage	80752
or attempt to engage in any activity requiring such an	80753
appointment. However, an insurer that cancels the appointment of a	80754
surety bail bond agent may authorize the agent to continue to	80755
attempt the arrest and surrender of a defendant for whom a bail	80756
bond had been written prior to the cancellation and to seek	80757
discharge of forfeitures and judgments.	80758

~~An insurer that cancels the appointment of a surety bail bond~~	80759
~~agent or allows that appointment to expire shall pay to the~~	80760
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	80761
~~section 3905.40 of the Revised Code.~~	80762

Sec. 3916.06. (A)(1) With each application for a viatical	80763
settlement, a viatical settlement provider or viatical settlement	80764
broker shall disclose at least the following to a viator no later	80765
than the time all parties sign the application for the viatical	80766
settlement contract:	80767

(a) That there are possible alternatives to viatical	80768
settlement contracts, including any accelerated death benefits	80769
offered under the viator's policy;	80770

(b) That some or all of the proceeds of the viatical	80771
settlement may be subject to federal income taxation and state	80772
franchise and income taxation, and that assistance should be	80773
sought from a professional tax advisor;	80774

(c) That the proceeds of the viatical settlement could be	80775
subject to the claims of creditors;	80776

(d) That receipt of the proceeds of the viatical settlement	80777
may adversely affect the viator's eligibility for ~~medical~~	80778
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	80779
program or other government benefits or entitlements, and that	80780
advice should be obtained from the appropriate government	80781
agencies;	80782

(e) That the viator has a right to rescind the viatical	80783
settlement contract for at least fifteen calendar days after the	80784
viator receives the viatical settlement proceeds, as provided in	80785
section 3916.08 of the Revised Code. If the insured dies during	80786
the rescission period, the viatical settlement contract shall be	80787
deemed to have been rescinded, subject to repayment of all	80788
viatical settlement proceeds to the viatical settlement company.	80789

(f) That funds will be sent to the viator within three	80790
business days after the viatical settlement provider has received	80791
written acknowledgment from the insurer or group administrator	80792
that ownership of the policy or interest in the certificate has	80793
been transferred and that the beneficiary has been designated	80794
pursuant to the viatical settlement contract;	80795

(g) That entering into a viatical settlement contract may	80796
cause other rights or benefits, including conversion rights and	80797
waiver of premium benefits that may exist under the policy, to be	80798
forfeited by the viator and that assistance should be sought from	80799
a financial advisor.	80800

(h) That following execution of the viatical settlement	80801
contract, the viatical settlement provider or the authorized	80802
representative of the viatical settlement provider may contact the	80803
insured for the purpose of determining the insured's health status	80804
and to confirm the insured's residential or business address and	80805
telephone number or for other purposes permitted by law. Any such	80806
contact shall be limited to once in any three-month period if the	80807
insured has a life expectancy of more than one year or to once per	80808
month if the insured has a life expectancy of one year or less.	80809

(2) The viatical settlement provider or viatical settlement	80810
broker shall provide the disclosures under division (A)(1) of this	80811
section in a separate document that is signed by the viator and	80812
the viatical settlement provider or viatical settlement broker.	80813

(3) Disclosure to a viator under division (A)(1) of this	80814
section shall include distribution of a brochure describing the	80815
process of viatical settlements. The viatical settlement provider	80816
or viatical settlement broker shall use the NAIC's form for the	80817
brochure unless another form is developed or approved by the	80818
superintendent.	80819

(4) The disclosure document under division (A)(1) of this	80820
section shall contain the following language:	80821

"All medical, financial, or personal information solicited or	80822
obtained by a viatical settlement provider or viatical settlement	80823
broker about an insured, including the insured's identity or the	80824
identity of family members, a spouse, or a significant other may	80825
be disclosed as necessary to effect the viatical settlement	80826
between the viator and the viatical settlement provider. If you	80827
are asked to provide this information, you will be asked to	80828
consent to the disclosure. The information may be provided to	80829
someone who buys the policy or provides funds for the purchase.	80830
You may be asked to renew your permission to share information	80831
every two years."	80832

(B)(1) A viatical settlement provider shall disclose at least	80833
the following to a viator prior to the date the viatical	80834
settlement contract is signed by all the necessary parties:	80835

(a) The affiliation, if any, between the viatical settlement	80836
provider and the issuer of the policy to be viaticated;	80837

(b) The name, business address, and telephone number of the	80838
viatical settlement provider;	80839

(c) Regarding a viatical settlement broker, the amount and	80840
method of calculating the broker's compensation. As used in this	80841
division, "compensation" includes anything of value paid or given	80842
to a viatical settlement broker for the placement of a policy or	80843
certificate.	80844

(d) Any affiliations or contractual arrangements between the	80845
viatical settlement provider and the viatical settlement broker;	80846

(e) If a policy to be viaticated has been issued as a joint	80847
policy or involves family riders or any coverage of a life other	80848
than the insured under the policy to be viaticated, the possible	80849
loss of coverage on the other lives under the policy and that	80850
advice should be sought from the viator's insurance agent or the	80851
company issuing the policy;	80852

(f) The dollar amount of the current death benefit payable to	80853
the viatical settlement provider under the policy, and, if known,	80854
the availability of any additional guaranteed insurance benefits,	80855
the dollar amount of any accidental death and dismemberment	80856
benefits under the policy, and the extent to which the viator's	80857
interest in those benefits will be transferred as a result of the	80858
viatical settlement contract.	80859

(g) That an escrow agent shall provide escrow services to the	80860
parties pursuant to a written agreement, signed by the viatical	80861
settlement provider, the viatical settlement broker, and the	80862
viator. At the close of escrow, the escrow agent will distribute	80863
the proceeds of the sale to the viator, minus any compensation to	80864
be paid to any other persons who provided services and to whom the	80865
viator has agreed to compensate out of the gross amount offered by	80866
the viatical settlement purchaser. All persons receiving any form	80867
of compensation under the escrow agreement shall be clearly	80868
identified, including name, business address, telephone number,	80869
and tax identification number.	80870

(2) The viatical settlement broker shall disclose at least	80871
the following to a viator prior to the execution of the viatical	80872
settlement contract:	80873

(a) The name, business address, and telephone number of the	80874
viatical settlement broker;	80875

(b) A full, complete, and accurate description of all offers,	80876
counteroffers, acceptances, and rejections relating to the	80877
proposed viatical settlement contract;	80878

(c) Any affiliations or contractual agreements between the	80879
viatical settlement broker and any person making an offer in	80880
connection with the proposed viatical settlement contract;	80881

(d) The amount and method of calculating the viatical	80882
settlement broker's compensation and, if any portion of the	80883
viatical settlement broker's compensation is taken from the	80884
viatical settlement offer, the total amount of the viatical	80885
settlement offer and the viatical settlement broker's compensation	80886
as a percentage of that total. As used in this division,	80887
"compensation" includes anything of value paid or given to a	80888
viatical settlement broker related to the settlement of a policy.	80889

(3) The viatical settlement provider or viatical settlement	80890
broker shall conspicuously display the disclosures required under	80891
divisions (B)(1) and (2) of this section in the viatical	80892
settlement contract or in a separate document signed by the viator	80893
and the viatical settlement provider or viatical settlement	80894
broker, as appropriate.	80895

(C) If the viatical settlement provider transfers ownership	80896
or changes the beneficiary of the policy, the viatical settlement	80897
provider shall communicate in writing the change in ownership or	80898
beneficiary to the insured within twenty days after the change.	80899

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	80900
Revised Code, every certificate furnished by an insurer in	80901
connection with, or pursuant to any provision of, any group	80902
sickness and accident insurance policy delivered, issued for	80903
delivery, renewed, or used in this state on or after January 1,	80904
1972, every policy of sickness and accident insurance delivered,	80905
issued for delivery, renewed, or used in this state on or after	80906
January 1, 1972, and every multiple employer welfare arrangement	80907
offering an insurance program, which provides that coverage of an	80908
unmarried dependent child of a parent or legal guardian will	80909
terminate upon attainment of the limiting age for dependent	80910
children specified in the contract shall also provide in substance	80911
both of the following:	80912

(1) Once an unmarried child has attained the limiting age for	80913
dependent children, as provided in the policy, upon the request of	80914
the insured, the insurer shall offer to cover the unmarried child	80915
until the child attains twenty-eight years of age if all of the	80916
following are true:	80917

(a) The child is the natural child, stepchild, or adopted	80918
child of the insured.	80919

(b) The child is a resident of this state or a full-time	80920
student at an accredited public or private institution of higher	80921
education.	80922

(c) The child is not employed by an employer that offers any	80923
health benefit plan under which the child is eligible for	80924
coverage.	80925

(d) The child is not eligible for ~~coverage under~~ the medicaid	80926
program ~~established under Chapter 5111. of the Revised Code~~ or the	80927
medicare program ~~established under Title XVIII of the "Social~~	80928
~~Security Act," 42 U.S.C. 1395~~.	80929

(2) That attainment of the limiting age for dependent	80930
children shall not operate to terminate the coverage of a	80931
dependent child if the child is and continues to be both of the	80932
following:	80933

(a) Incapable of self-sustaining employment by reason of	80934
mental retardation or physical handicap;	80935

(b) Primarily dependent upon the policyholder or certificate	80936
holder for support and maintenance.	80937

(B) Proof of such incapacity and dependence for purposes of	80938
division (A)(2) of this section shall be furnished by the	80939
policyholder or by the certificate holder to the insurer within	80940
thirty-one days of the child's attainment of the limiting age.	80941
Upon request, but not more frequently than annually after the	80942
two-year period following the child's attainment of the limiting	80943
age, the insurer may require proof satisfactory to it of the	80944
continuance of such incapacity and dependency.	80945

(C) Nothing in this section shall require an insurer to cover	80946
a dependent child who is mentally retarded or physically	80947
handicapped if the contract is underwritten on evidence of	80948
insurability based on health factors set forth in the application,	80949
or if such dependent child does not satisfy the conditions of the	80950
contract as to any requirement for evidence of insurability or	80951
other provision of the contract, satisfaction of which is required	80952
for coverage thereunder to take effect. In any such case, the	80953
terms of the contract shall apply with regard to the coverage or	80954
exclusion of the dependent from such coverage. Nothing in this	80955
section shall apply to accidental death or dismemberment benefits	80956
provided by any such policy of sickness and accident insurance.	80957

(D) Nothing in this section shall do any of the following:

80958

(1) Require that any policy offer coverage for dependent	80959
children or provide coverage for an unmarried dependent child's	80960
children as dependents on the policy;	80961

(2) Require an employer to pay for any part of the premium	80962
for an unmarried dependent child that has attained the limiting	80963
age for dependents, as provided in the policy;	80964

(3) Require an employer to offer health insurance coverage to	80965
the dependents of any employee.	80966

(E) This section does not apply to any policies or	80967
certificates covering only accident, credit, dental, disability	80968
income, long-term care, hospital indemnity, medicare supplement,	80969
specified disease, or vision care; coverage under a	80970
one-time-limited-duration policy of not longer than six months;	80971
coverage issued as a supplement to liability insurance; insurance	80972
arising out of a workers' compensation or similar law; automobile	80973
medical-payment insurance; or insurance under which benefits are	80974
payable with or without regard to fault and that is statutorily	80975
required to be contained in any liability insurance policy or	80976
equivalent self-insurance.	80977

(F) As used in this section, "health benefit plan" has the	80978
same meaning as in section 3924.01 of the Revised Code and also	80979
includes both of the following:	80980

(1) A public employee benefit plan;

80981

(2) A health benefit plan as regulated under the "Employee	80982
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	80983

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	80984
Revised Code, any public employee benefit plan that provides that	80985
coverage of an unmarried dependent child will terminate upon	80986
attainment of the limiting age for dependent children specified in	80987
the plan shall also provide in substance both of the following:	80988

(1) Once an unmarried child has attained the limiting age for	80989
dependent children, as provided in the plan, upon the request of	80990
the employee, the public employee benefit plan shall offer to	80991
cover the unmarried child until the child attains twenty-eight	80992
years of age if all of the following are true:	80993

(a) The child is the natural child, stepchild, or adopted	80994
child of the employee.	80995

(b) The child is a resident of this state or a full-time	80996
student at an accredited public or private institution of higher	80997
education.	80998

(c) The child is not employed by an employer that offers any	80999
health benefit plan under which the child is eligible for	81000
coverage.	81001

(d) The child is not eligible for ~~coverage under~~ the medicaid	81002
program ~~established under Chapter 5111. of the Revised Code~~ or the	81003
medicare program ~~established under Title XVIII of the "Social~~	81004
~~Security Act," 42 U.S.C. 1395~~.	81005

(2) That attainment of the limiting age for dependent	81006
children shall not operate to terminate the coverage of a	81007
dependent child if the child is and continues to be both of the	81008
following:	81009

(a) Incapable of self-sustaining employment by reason of	81010
mental retardation or physical handicap;	81011

(b) Primarily dependent upon the plan member for support and	81012
maintenance.	81013

(B) Proof of incapacity and dependence for purposes of	81014
division (A)(2) of this section shall be furnished to the public	81015
employee benefit plan within thirty-one days of the child's	81016
attainment of the limiting age. Upon request, but not more	81017
frequently than annually, the public employee benefit plan may	81018
require proof satisfactory to it of the continuance of such	81019
incapacity and dependency.	81020

81021

(1) Require that any public employee benefit plan offer	81022
coverage for dependent children or provide coverage for an	81023
unmarried dependent child's children as dependents on the public	81024
employee benefit plan;	81025

(2) Require an employer to pay for any part of the premium	81026
for an unmarried dependent child that has attained the limiting	81027
age for dependents, as provided in the plan;	81028

(3) Require an employer to offer health insurance coverage to	81029
the dependents of any employee.	81030

(D) This section does not apply to any public employee	81031
benefit plan covering only accident, credit, dental, disability	81032
income, long-term care, hospital indemnity, medicare supplement,	81033
specified disease, or vision care; coverage under a	81034
one-time-limited-duration policy of not longer than six months;	81035
coverage issued as a supplement to liability insurance; insurance	81036
arising out of a workers' compensation or similar law; automobile	81037
medical-payment insurance; or insurance under which benefits are	81038
payable with or without regard to fault and which is statutorily	81039
required to be contained in any liability insurance policy or	81040
equivalent self-insurance.	81041

(E) As used in this section, "health benefit plan" has the	81042
same meaning as in section 3924.01 of the Revised Code and also	81043
includes both of the following:	81044

(1) A public employee benefit plan;

81045

(2) A health benefit plan as regulated under the "Employee	81046
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	81047

Sec. 3923.281. (A) As used in this section:

81048

(1) "Biologically based mental illness" means schizophrenia,	81049
schizoaffective disorder, major depressive disorder, bipolar	81050
disorder, paranoia and other psychotic disorders,	81051
obsessive-compulsive disorder, and panic disorder, as these terms	81052
are defined in the most recent edition of the diagnostic and	81053
statistical manual of mental disorders published by the American	81054
psychiatric association.	81055

(2) "Policy of sickness and accident insurance" has the same	81056
meaning as in section 3923.01 of the Revised Code, but excludes	81057
any hospital indemnity, medicare supplement, long-term care,	81058
disability income, one-time-limited-duration policy of not longer	81059
than six months, supplemental benefit, or other policy that	81060
provides coverage for specific diseases or accidents only; any	81061
policy that provides coverage for workers' compensation claims	81062
compensable pursuant to Chapters 4121. and 4123. of the Revised	81063
Code; and any policy that provides coverage to ~~beneficiaries~~	81064
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	81065
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	81066
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	81067
~~of job and family services under Chapter 5111. of the Revised Code~~	81068
recipients.	81069

(B) Notwithstanding section 3901.71 of the Revised Code, and	81070
subject to division (E) of this section, every policy of sickness	81071
and accident insurance shall provide benefits for the diagnosis	81072
and treatment of biologically based mental illnesses on the same	81073
terms and conditions as, and shall provide benefits no less	81074
extensive than, those provided under the policy of sickness and	81075
accident insurance for the treatment and diagnosis of all other	81076
physical diseases and disorders, if both of the following apply:	81077

(1) The biologically based mental illness is clinically	81078
diagnosed by a physician authorized under Chapter 4731. of the	81079
Revised Code to practice medicine and surgery or osteopathic	81080
medicine and surgery; a psychologist licensed under Chapter 4732.	81081
of the Revised Code; a professional clinical counselor,	81082
professional counselor, or independent social worker licensed	81083
under Chapter 4757. of the Revised Code; or a clinical nurse	81084
specialist licensed under Chapter 4723. of the Revised Code whose	81085
nursing specialty is mental health.	81086

(2) The prescribed treatment is not experimental or	81087
investigational, having proven its clinical effectiveness in	81088
accordance with generally accepted medical standards.	81089

(C) Division (B) of this section applies to all coverages and	81090
terms and conditions of the policy of sickness and accident	81091
insurance, including, but not limited to, coverage of inpatient	81092
hospital services, outpatient services, and medication; maximum	81093
lifetime benefits; copayments; and individual and family	81094
deductibles.	81095

(D) Nothing in this section shall be construed as prohibiting	81096
a sickness and accident insurance company from taking any of the	81097
following actions:	81098

(1) Negotiating separately with mental health care providers	81099
with regard to reimbursement rates and the delivery of health care	81100
services;	81101

(2) Offering policies that provide benefits solely for the	81102
diagnosis and treatment of biologically based mental illnesses;	81103

(3) Managing the provision of benefits for the diagnosis or	81104
treatment of biologically based mental illnesses through the use	81105
of pre-admission screening, by requiring beneficiaries to obtain	81106
authorization prior to treatment, or through the use of any other	81107
mechanism designed to limit coverage to that treatment determined	81108
to be necessary;	81109

(4) Enforcing the terms and conditions of a policy of	81110
sickness and accident insurance.	81111

(E) An insurer that offers any policy of sickness and	81112
accident insurance is not required to provide benefits for the	81113
diagnosis and treatment of biologically based mental illnesses	81114
pursuant to division (B) of this section if all of the following	81115
apply:	81116

(1) The insurer submits documentation certified by an	81117
independent member of the American academy of actuaries to the	81118
superintendent of insurance showing that incurred claims for	81119
diagnostic and treatment services for biologically based mental	81120
illnesses for a period of at least six months independently caused	81121
the insurer's costs for claims and administrative expenses for the	81122
coverage of all other physical diseases and disorders to increase	81123
by more than one per cent per year.	81124

(2) The insurer submits a signed letter from an independent	81125
member of the American academy of actuaries to the superintendent	81126
of insurance opining that the increase described in division	81127
(E)(1) of this section could reasonably justify an increase of	81128
more than one per cent in the annual premiums or rates charged by	81129
the insurer for the coverage of all other physical diseases and	81130
disorders.	81131

(3) The superintendent of insurance makes the following	81132
determinations from the documentation and opinion submitted	81133
pursuant to divisions (E)(1) and (2) of this section:	81134

(a) Incurred claims for diagnostic and treatment services for	81135
biologically based mental illnesses for a period of at least six	81136
months independently caused the insurer's costs for claims and	81137
administrative expenses for the coverage of all other physical	81138
diseases and disorders to increase by more than one per cent per	81139
year.	81140

(b) The increase in costs reasonably justifies an increase of	81141
more than one per cent in the annual premiums or rates charged by	81142
the insurer for the coverage of all other physical diseases and	81143
disorders.	81144

Any determination made by the superintendent under this	81145
division is subject to Chapter 119. of the Revised Code.	81146

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	81147
negotiate long-term care insurance on or after September 1, 2008,	81148
without completing an initial eight-hour partnership program	81149
training course as described in division (B) of this section.	81150

(2)(a) Any agent that sells, solicits, or negotiates any	81151
long-term care insurance shall complete at least four hours of	81152
continuing education in every twenty-four-month period commencing	81153
on the first day of January of the year immediately following the	81154
year of the issuance of the agent's license.	81155

(b) No agent shall fail to complete the continuing education	81156
requirements in division (A)(2)(a) of this section in the	81157
twenty-four-month period described in that division.	81158

(B) The initial training course and continuing education	81159
required under division (A) of this section may be approved by the	81160
superintendent of insurance as continuing education courses under	81161
sections 3905.481 to 3905.486 of the Revised Code and shall	81162
consist of combined topics related to long-term care insurance,	81163
long-term care services, and state long-term care insurance	81164
partnership programs, including all of the following:	81165

(1) State and federal regulations and requirements and the	81166
relationship between state long-term care insurance partnership	81167
programs and other public and private coverage of long-term care	81168
services, including medicaid;	81169

(2) Available long-term care services and providers;

81170

(3) Changes or improvements in long-term care services or	81171
providers;	81172

(4) Alternatives to the purchase of private long-term care	81173
insurance;	81174

(5) The effect of inflation on benefits and the importance of	81175
inflation protection;	81176

(6) Consumer suitability standards and guidelines;

81177

(7) Any other topics required by the superintendent.

81178

(C) The initial training and continuing education required by	81179
division (A) of this section shall not include training that is	81180
specific to a particular insurer or company product or that	81181
includes any sales or marketing information, materials, or	81182
training other than those required by state or federal law.	81183

(D) A resident agent shall satisfy the training and	81184
continuing education required by division (A) of this section by	81185
completing long-term care courses that are approved by the	81186
superintendent. A nonresident agent may satisfy the training and	81187
continuing education required by division (A) of this section by	81188
completing the training requirements in any other state, provided	81189
that the course is approved for credit by the insurance department	81190
of that state prior to the agent taking the course.	81191

(E) Each insurer shall obtain records of the initial training	81192
and continuing education completed by agents of that insurer	81193
pursuant to division (A) of this section as well as the training	81194
completed by the insurer's agents concerning the distribution of	81195
the insurer's partnership program policies and shall make those	81196
records available to the superintendent upon request.	81197

(F) Each insurer shall maintain records with respect to the	81198
training of its agents concerning the distribution of the	81199
insurer's partnership program policies. Each insurer shall provide	81200
documentation to the superintendent that will allow the	81201
superintendent to provide assurance to the medicaid director of	81202
~~job and family services~~ that agents have received the training	81203
required by this section and that agents have demonstrated an	81204
understanding of the partnership program policies and their	81205
relationship to public and private coverage of long-term care in	81206
this state, including medicaid. The superintendent may audit each	81207
insurer's records annually to verify that the insurer is	81208
maintaining the records required by this division. The	81209
superintendent shall make the records provided to the	81210
superintendent pursuant to division (E) of this section available	81211
to the director.	81212

Sec. 3923.49. The department of insurance shall establish an	81213
outreach program to educate consumers about the following:	81214

(A) The need for long-term care insurance;

81215

(B) Mechanisms for financing long-term care;

81216

81217

(D) The resource protection provided by the Ohio long-term	81218
care insurance program under section ~~5111.18~~5164.86 of the	81219
Revised Code;	81220

(E) That a consumer who purchased a long-term care insurance	81221
policy that does not meet the requirements of section 3923.50 of	81222
the Revised Code may purchase a policy that meets those	81223
requirements.	81224

The department shall develop and make available to consumers	81225
information to assist them in choosing long-term care insurance	81226
coverage.	81227

Sec. 3923.50. For the purposes of the Ohio long-term care	81228
insurance program established under section ~~5111.18~~5164.86 of the	81229
Revised Code, the department of insurance shall notify the	81230
department of ~~job and family services~~medicaid of all long-term	81231
care insurance policies that meet all of the following	81232
requirements:	81233

(A) Comply with sections 3923.41 to 3923.48 of the Revised	81234
Code and the rules adopted under section 3923.47 of the Revised	81235
Code;	81236

(B) Provide benefits for home and community-based services in	81237
addition to nursing home care;	81238

(C) Include case management services in its coverage of home	81239
and community-based services;	81240

(D) Provide five per cent inflation protection compounded	81241
annually;	81242

(E) Provide for the keeping of records and	81243
explanation-of-benefit reports on insurance payments that count	81244
toward resource exclusion for the ~~medical assistance~~medicaid	81245
program;	81246

(F) Provide the information the medicaid director ~~of job and~~	81247
~~family services~~ determines is necessary to document the extent of	81248
resource exclusion and to evaluate the Ohio long-term care	81249
insurance program;	81250

(G) Comply with other requirements established in rules	81251
adopted under this section.	81252

The superintendent of insurance shall adopt rules in	81253
accordance with Chapter 119. of the Revised Code establishing	81254
requirements under division (G) of this section that policies must	81255
meet to qualify under the Ohio long-term care insurance program.	81256
The superintendent shall consult with the departments of aging and	81257
~~job and family services~~medicaid in adopting those rules.	81258

Sec. 3923.601. (A)(1) This section applies to both of the	81259
following:	81260

(a) A sickness and accident insurer that issues or requires	81261
the use of a standardized identification card or an electronic	81262
technology for submission and routing of prescription drug claims	81263
pursuant to a policy, contract, or agreement for health care	81264
services;	81265

(b) A person that a sickness and accident insurer contracts	81266
with to issue a standardized identification card or an electronic	81267
technology described in division (A)(1)(a) of this section.	81268

(2) Notwithstanding division (A)(1) of this section, this	81269
section does not apply to the issuance or required use of a	81270
standardized identification card or an electronic technology for	81271
the submission and routing of prescription drug claims in	81272
connection with any of the following:	81273

(a) Any individual or group policy of sickness and accident	81274
insurance covering only accident, credit, dental, disability	81275
income, long-term care, hospital indemnity, medicare supplement,	81276
medicare, tricare, specified disease, or vision care; coverage	81277
under a one-time-limited-duration policy of not longer than six	81278
months; coverage issued as a supplement to liability insurance;	81279
insurance arising out of workers' compensation or similar law;	81280
automobile medical payment insurance; or insurance under which	81281
benefits are payable with or without regard to fault and which is	81282
statutorily required to be contained in any liability insurance	81283
policy or equivalent self-insurance.	81284

(b) Coverage provided under the medicaid~~, as defined in~~	81285
~~section 5111.01 of the Revised Code~~program.	81286

(c) Coverage provided under an employer's self-insurance plan	81287
or by any of its administrators, as defined in section 3959.01 of	81288
the Revised Code, to the extent that federal law supersedes,	81289
preempts, prohibits, or otherwise precludes the application of	81290
this section to the plan and its administrators.	81291

(B) A standardized identification card or an electronic	81292
technology issued or required to be used as provided in division	81293
(A)(1) of this section shall contain uniform prescription drug	81294
information in accordance with either division (B)(1) or (2) of	81295
this section.	81296

(1) The standardized identification card or the electronic	81297
technology shall be in a format and contain information fields	81298
approved by the national council for prescription drug programs or	81299
a successor organization, as specified in the council's or	81300
successor organization's pharmacy identification card	81301
implementation guide in effect on the first day of October most	81302
immediately preceding the issuance or required use of the	81303
standardized identification card or the electronic technology.	81304

(2) If the insurer or person under contract with the insurer	81305
to issue a standardized identification card or an electronic	81306
technology requires the information for the submission and routing	81307
of a claim, the standardized identification card or the electronic	81308
technology shall contain any of the following information:	81309

(a) The insurer's name;

81310

(b) The insured's name, group number, and identification	81311
number;	81312

(c) A telephone number to inquire about pharmacy-related	81313
issues;	81314

(d) The issuer's international identification number, labeled	81315
as "ANSI BIN" or "RxBIN";	81316

(e) The processor's control number, labeled as "RxPCN";

81317

(f) The insured's pharmacy benefits group number if different	81318
from the insured's medical group number, labeled as "RxGrp."	81319

(C) If the standardized identification card or the electronic	81320
technology issued or required to be used as provided in division	81321
(A)(1) of this section is also used for submission and routing of	81322
nonpharmacy claims, the designation "Rx" is required to be	81323
included as part of the labels identified in divisions (B)(2)(d)	81324
and (e) of this section if the issuer's international	81325
identification number or the processor's control number is	81326
different for medical and pharmacy claims.	81327

(D) Each sickness and accident insurer described in division	81328
(A) of this section shall annually file a certificate with the	81329
superintendent of insurance certifying that it or any person it	81330
contracts with to issue a standardized identification card or	81331
electronic technology for submission and routing of prescription	81332
drug claims complies with this section.	81333

(E)(1) Except as provided in division (E)(2) of this section,	81334
if there is a change in the information contained in the	81335
standardized identification card or the electronic technology	81336
issued to an insured, the insurer or person under contract with	81337
the insurer to issue a standardized identification card or an	81338
electronic technology shall issue a new card or electronic	81339
technology to the insured.	81340

(2) An insurer or person under contract with the insurer is	81341
not required under division (E)(1) of this section to issue a new	81342
card or electronic technology to an insured more than once during	81343
a twelve-month period.	81344

(F) Nothing in this section shall be construed as requiring	81345
an insurer to produce more than one standardized identification	81346
card or one electronic technology for use by insureds accessing	81347
health care benefits provided under a policy of sickness and	81348
accident insurance.	81349

Sec. 3923.83. (A)(1) This section applies to both of the	81350
following:	81351

(a) A public employee benefit plan that issues or requires	81352
the use of a standardized identification card or an electronic	81353
technology for submission and routing of prescription drug claims	81354
pursuant to a policy, contract, or agreement for health care	81355
services;	81356

(b) A person or entity that a public employee benefit plan	81357
contracts with to issue a standardized identification card or an	81358
electronic technology described in division (A)(1)(a) of this	81359
section.	81360

(2) Notwithstanding division (A)(1) of this section, this	81361
section does not apply to the issuance or required use of a	81362
standardized identification card or an electronic technology for	81363
the submission and routing of prescription drug claims in	81364
connection with either of the following:	81365

(a) Any individual or group policy of insurance covering only	81366
accident, credit, dental, disability income, long-term care,	81367
hospital indemnity, medicare supplement, medicare, tricare,	81368
specified disease, or vision care; coverage under a	81369
one-time-limited-duration policy of not longer than six months;	81370
coverage issued as a supplement to liability insurance; insurance	81371
arising out of workers' compensation or similar law; automobile	81372
medical payment insurance; or insurance under which benefits are	81373
payable with or without regard to fault and which is statutorily	81374
required to be contained in any liability insurance policy or	81375
equivalent self-insurance.	81376

(b) Coverage provided under the medicaid~~, as defined in~~	81377
~~section 5111.01 of the Revised Code~~program.	81378

(B) A standardized identification card or an electronic	81379
technology issued or required to be used as provided in division	81380
(A)(1) of this section shall contain uniform prescription drug	81381
information in accordance with either division (B)(1) or (2) of	81382
this section.	81383

(1) The standardized identification card or the electronic	81384
technology shall be in a format and contain information fields	81385
approved by the national council for prescription drug programs or	81386
a successor organization, as specified in the council's or	81387
successor organization's pharmacy identification card	81388
implementation guide in effect on the first day of October most	81389
immediately preceding the issuance or required use of the	81390
standardized identification card or the electronic technology.	81391

(2) If the public employee benefit plan or person under	81392
contract with the plan to issue a standardized identification card	81393
or an electronic technology requires the information for the	81394
submission and routing of a claim, the standardized identification	81395
card or the electronic technology shall contain any of the	81396
following information:	81397

(a) The plan's name;

81398

(b) The insured's name, group number, and identification	81399
number;	81400

(c) A telephone number to inquire about pharmacy-related	81401
issues;	81402

(d) The issuer's international identification number, labeled	81403
as "ANSI BIN" or "RxBIN";	81404

(e) The processor's control number, labeled as "RxPCN";

81405

(f) The insured's pharmacy benefits group number if different	81406
from the insured's medical group number, labeled as "RxGrp."	81407

(C) If the standardized identification card or the electronic	81408
technology issued or required to be used as provided in division	81409
(A)(1) of this section is also used for submission and routing of	81410
nonpharmacy claims, the designation "Rx" is required to be	81411
included as part of the labels identified in divisions (B)(2)(d)	81412
and (e) of this section if the issuer's international	81413
identification number or the processor's control number is	81414
different for medical and pharmacy claims.	81415

(D)(1) Except as provided in division (D)(2) of this section,	81416
if there is a change in the information contained in the	81417
standardized identification card or the electronic technology	81418
issued to an insured, the public employee benefit plan or person	81419
under contract with the plan to issue a standardized	81420
identification card or electronic technology shall issue a new	81421
card or electronic technology to the insured.	81422

(2) A public employee benefit plan or person under contract	81423
with the plan is not required under division (D)(1) of this	81424
section to issue a new card or electronic technology to an insured	81425
more than once during a twelve-month period.	81426

~~(F)~~(E) Nothing in this section shall be construed as	81427
requiring a public employee benefit plan to produce more than one	81428
standardized identification card or one electronic technology for	81429
use by insureds accessing health care benefits provided under a	81430
health benefit plan.	81431

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	81432
the Revised Code, "health insurer" means any sickness and accident	81433
insurer or health insuring corporation. "Health insurer" also	81434
includes any group health plan as defined in section 607 of the	81435
federal "Employee Retirement Income Security Act of 1974," 88	81436
Stat. 832, 29 U.S.C.A. 1167.	81437

(B) Notwithstanding any other provision of the Revised Code,	81438
no health insurer shall take into consideration the availability	81439
of, or eligibility for, ~~medical assistance~~the medicaid program in	81440
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	81441
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	81442
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	81443
individual's eligibility for coverage or when making payments to	81444
or on behalf of an enrollee, subscriber, policyholder, or	81445
certificate holder.	81446

Sec. 3924.42. No health insurer shall impose requirements on	81447
the department of ~~job and family services~~medicaid, when it has	81448
been assigned the rights of an individual who is eligible for	81449
~~medical assistance under Chapter 5111. of the Revised Code~~	81450
medicaid and who is covered under a health care policy, contract,	81451
or plan issued by the health insurer, that are different from the	81452
requirements applicable to an agent or assignee of any other	81453
individual so covered.	81454

Sec. 3963.01. As used in this chapter:

81455

(A) "Affiliate" means any person or entity that has ownership	81456
or control of a contracting entity, is owned or controlled by a	81457
contracting entity, or is under common ownership or control with a	81458
contracting entity.	81459

(B) "Basic health care services" has the same meaning as in	81460
division (A) of section 1751.01 of the Revised Code, except that	81461
it does not include any services listed in that division that are	81462
provided by a pharmacist or nursing home.	81463

(C) "Contracting entity" means any person that has a primary	81464
business purpose of contracting with participating providers for	81465
the delivery of health care services.	81466

(D) "Credentialing" means the process of assessing and	81467
validating the qualifications of a provider applying to be	81468
approved by a contracting entity to provide basic health care	81469
services, specialty health care services, or supplemental health	81470
care services to enrollees.	81471

(E) "Edit" means adjusting one or more procedure codes billed	81472
by a participating provider on a claim for payment or a practice	81473
that results in any of the following:	81474

(1) Payment for some, but not all of the procedure codes	81475
originally billed by a participating provider;	81476

(2) Payment for a different procedure code than the procedure	81477
code originally billed by a participating provider;	81478

(3) A reduced payment as a result of services provided to an	81479
enrollee that are claimed under more than one procedure code on	81480
the same service date.	81481

(F) "Electronic claims transport" means to accept and	81482
digitize claims or to accept claims already digitized, to place	81483
those claims into a format that complies with the electronic	81484
transaction standards issued by the United States department of	81485
health and human services pursuant to the "Health Insurance	81486
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	81487
U.S.C. 1320d, et seq., as those electronic standards are	81488
applicable to the parties and as those electronic standards are	81489
updated from time to time, and to electronically transmit those	81490
claims to the appropriate contracting entity, payer, or	81491
third-party administrator.	81492

(G) "Enrollee" means any person eligible for health care	81493
benefits under a health benefit plan, including an eligible	81494
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	81495
includes all of the following terms:	81496

(1) "Enrollee" and "subscriber" as defined by section 1751.01	81497
of the Revised Code;	81498

(2) "Member" as defined by section 1739.01 of the Revised	81499
Code;	81500

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	81501
the Revised Code;	81502

(4) "Beneficiary" as defined by section 3901.38 of the	81503
Revised Code.	81504

(H) "Health care contract" means a contract entered into,	81505
materially amended, or renewed between a contracting entity and a	81506
participating provider for the delivery of basic health care	81507
services, specialty health care services, or supplemental health	81508
care services to enrollees.	81509

(I) "Health care services" means basic health care services,	81510
specialty health care services, and supplemental health care	81511
services.	81512

(J) "Material amendment" means an amendment to a health care	81513
contract that decreases the participating provider's payment or	81514
compensation, changes the administrative procedures in a way that	81515
may reasonably be expected to significantly increase the	81516
provider's administrative expenses, or adds a new product. A	81517
material amendment does not include any of the following:	81518

(1) A decrease in payment or compensation resulting solely	81519
from a change in a published fee schedule upon which the payment	81520
or compensation is based and the date of applicability is clearly	81521
identified in the contract;	81522

(2) A decrease in payment or compensation that was	81523
anticipated under the terms of the contract, if the amount and	81524
date of applicability of the decrease is clearly identified in the	81525
contract;	81526

(3) An administrative change that may significantly increase	81527
the provider's administrative expense, the specific applicability	81528
of which is clearly identified in the contract;	81529

(4) Changes to an existing prior authorization,	81530
precertification, notification, or referral program that do not	81531
substantially increase the provider's administrative expense;	81532

(5) Changes to an edit program or to specific edits if the	81533
participating provider is provided notice of the changes pursuant	81534
to division (A)(1) of section 3963.04 of the Revised Code and the	81535
notice includes information sufficient for the provider to	81536
determine the effect of the change;	81537

(6) Changes to a health care contract described in division	81538
(B) of section 3963.04 of the Revised Code.	81539

(K) "Participating provider" means a provider that has a	81540
health care contract with a contracting entity and is entitled to	81541
reimbursement for health care services rendered to an enrollee	81542
under the health care contract.	81543

(L) "Payer" means any person that assumes the financial risk	81544
for the payment of claims under a health care contract or the	81545
reimbursement for health care services provided to enrollees by	81546
participating providers pursuant to a health care contract.	81547

(M) "Primary enrollee" means a person who is responsible for	81548
making payments for participation in a health care plan or an	81549
enrollee whose employment or other status is the basis of	81550
eligibility for enrollment in a health care plan.	81551

(N) "Procedure codes" includes the American medical	81552
association's current procedural terminology code, the American	81553
dental association's current dental terminology, and the centers	81554
for medicare and medicaid services health care common procedure	81555
coding system.	81556

(O) "Product" means one of the following types of categories	81557
of coverage for which a participating provider may be obligated to	81558
provide health care services pursuant to a health care contract:	81559

(1) A health maintenance organization or other product	81560
provided by a health insuring corporation;	81561

(2) A preferred provider organization;

81562

(3) Medicare;

81563

(4) Medicaid;

81564

(5) Workers' compensation.

81565

(P) "Provider" means a physician, podiatrist, dentist,	81566
chiropractor, optometrist, psychologist, physician assistant,	81567
advanced practice registered nurse, occupational therapist,	81568
massage therapist, physical therapist, professional counselor,	81569
professional clinical counselor, hearing aid dealer, orthotist,	81570
prosthetist, home health agency, hospice care program, pediatric	81571
respite care program, or hospital, or a provider organization or	81572
physician-hospital organization that is acting exclusively as an	81573
administrator on behalf of a provider to facilitate the provider's	81574
participation in health care contracts. "Provider" does not mean a	81575
pharmacist, pharmacy, nursing home, or a provider organization or	81576
physician-hospital organization that leases the provider	81577
organization's or physician-hospital organization's network to a	81578
third party or contracts directly with employers or health and	81579
welfare funds.	81580

(Q) "Specialty health care services" has the same meaning as	81581
in section 1751.01 of the Revised Code, except that it does not	81582
include any services listed in division (B) of section 1751.01 of	81583
the Revised Code that are provided by a pharmacist or a nursing	81584
home.	81585

(R) "Supplemental health care services" has the same meaning	81586
as in division (B) of section 1751.01 of the Revised Code, except	81587
that it does not include any services listed in that division that	81588
are provided by a pharmacist or nursing home.	81589

Sec. 3963.04. (A)(1) If an amendment to a health care	81590
contract is not a material amendment, the contracting entity shall	81591
provide the participating provider notice of the amendment at	81592
least fifteen days prior to the effective date of the amendment.	81593
The contracting entity shall provide all other notices to the	81594
participating provider pursuant to the health care contract.	81595

(2) A material amendment to a health care contract shall	81596
occur only if the contracting entity provides to the participating	81597
provider the material amendment in writing and notice of the	81598
material amendment not later than ninety days prior to the	81599
effective date of the material amendment. The notice shall be	81600
conspicuously entitled "Notice of Material Amendment to Contract."	81601

(3) If within fifteen days after receiving the material	81602
amendment and notice described in division (A)(2) of this section,	81603
the participating provider objects in writing to the material	81604
amendment, and there is no resolution of the objection, either	81605
party may terminate the health care contract upon written notice	81606
of termination provided to the other party not later than sixty	81607
days prior to the effective date of the material amendment.	81608

(4) If the participating provider does not object to the	81609
material amendment in the manner described in division (A)(3) of	81610
this section, the material amendment shall be effective as	81611
specified in the notice described in division (A)(2) of this	81612
section.	81613

(B)(1) Division (A) of this section does not apply if the	81614
delay caused by compliance with that division could result in	81615
imminent harm to an enrollee, if the material amendment of a	81616
health care contract is required by state or federal law, rule, or	81617
regulation, or if the provider affirmatively accepts the material	81618
amendment in writing and agrees to an earlier effective date than	81619
otherwise required by division (A)(2) of this section.	81620

(2) This section does not apply under any of the following	81621
circumstances:	81622

(a) The participating provider's payment or compensation is	81623
based on the current medicaid or medicare physician fee schedule,	81624
and the change in payment or compensation results solely from a	81625
change in that physician fee schedule.	81626

(b) A routine change or update of the health care contract is	81627
made in response to any addition, deletion, or revision of any	81628
service code, procedure code, or reporting code, or a pricing	81629
change is made by any third party source.	81630

For purposes of division (B)(2)(b) of this section:

81631

(i) "Service code, procedure code, or reporting code" means	81632
the current procedural terminology (CPT), current dental	81633
terminology (CDT), the healthcare common procedure coding system	81634
(HCPCS), the international classification of diseases (ICD), or	81635
the drug topics redbook average wholesale price (AWP).	81636

(ii) "Third party source" means the American medical	81637
association, American dental association, the centers for medicare	81638
and medicaid services, the national center for health statistics,	81639
the department of health and human services office of the	81640
inspector general, the Ohio department of insurance, or the Ohio	81641
department of ~~job and family services~~medicaid.	81642

(C) Notwithstanding divisions (A) and (B) of this section, a	81643
health care contract may be amended by operation of law as	81644
required by any applicable state or federal law, rule, or	81645
regulation. Nothing in this section shall be construed to require	81646
the renegotiation of a health care contract that is in existence	81647
before ~~the effective date of this section~~June 25, 2008, until the	81648
time that the contract is renewed or materially amended.	81649

Sec. 4104.33. There is hereby created the historical boilers	81650
licensing board consisting of seven members, three of whom shall	81651
be appointed by the governor with the advice and consent of the	81652
senate. The governor shall make initial appointments to the board	81653
within ninety days after October 24, 2002. Of the initial members	81654
appointed by the governor, one shall be for a term ending three	81655
years after October 24, 2002, one shall be for a term ending four	81656
years after October 24, 2002, and one shall be for a term ending	81657
five years after October 24, 2002. Thereafter, terms of office	81658
shall be for five years, each term ending on the same day of the	81659
same month of the year as did the term that it succeeds. Of the	81660
three members the governor appoints, one member shall be an	81661
employee of the division of boiler inspection in the department of	81662
commerce; one member shall be an independent mechanical engineer	81663
who is not involved in selling or inspecting historical boilers;	81664
and one shall be an active member of an association that	81665
represents managers of fairs or festivals.	81666

Two members of the board shall be appointed by the president	81667
of the senate and two members of the board shall be appointed by	81668
the speaker of the house of representatives. The president and	81669
speaker shall make initial appointments to the board within ninety	81670
days after October 24, 2002. Of the initial members appointed by	81671
the president, one shall be for a term ending four years after	81672
October 24, 2002 and one shall be for a term ending five years	81673
after October 24, 2002. Of the initial members appointed by the	81674
speaker, one shall be for a term ending three years after October	81675
24, 2002 and one shall be for a term ending five years after	81676
October 24, 2002. Thereafter, terms of office shall be for five	81677
years, each term ending on the same day of the same month of the	81678
year as did the term that it succeeds. Of the four members	81679
appointed by the president and speaker, each shall own a	81680
historical boiler and also have at least ten years of experience	81681
in the operation of historical boilers, and each of these four	81682
members shall reside in a different region of the state.	81683

Each member shall hold office from the date of the member's	81684
appointment until the end of the term for which the member was	81685
appointed. Members may be reappointed. Vacancies shall be filled	81686
~~in the manner provided for initial appointments~~by the director of	81687
commerce, and shall not require the advice and consent of the	81688
senate. Any member appointed to fill a vacancy occurring prior to	81689
the expiration date of the term for which the member's predecessor	81690
was appointed shall hold office as a member for the remainder of	81691
that term. A member shall continue in office subsequent to the	81692
expiration date of the member's term until the successor takes	81693
office or until a period of sixty days has elapsed, whichever	81694
occurs first.	81695

The members of the board, annually, shall elect, by majority	81696
vote, a chairperson from among their members. The board shall meet	81697
at least once annually and at other times at the call of the	81698
chairperson. Board members shall receive their actual and	81699
necessary expenses incurred in the discharge of their duties as	81700
board members.	81701

The superintendent of industrial compliance shall furnish	81702
office space, staff, and supplies to the board as the	81703
superintendent determines are necessary for the board to carry out	81704
its official duties under sections 4104.33 to 4104.37 of the	81705
Revised Code.	81706

Sec. 4112.02. It shall be an unlawful discriminatory	81707
practice:	81708

(A) For any employer, because of the race, color, religion,	81709
sex, military status, national origin, disability, age, or	81710
ancestry of any person, to discharge without just cause, to refuse	81711
to hire, or otherwise to discriminate against that person with	81712
respect to hire, tenure, terms, conditions, or privileges of	81713
employment, or any matter directly or indirectly related to	81714
employment.	81715

(B) For an employment agency or personnel placement service,	81716
because of race, color, religion, sex, military status, national	81717
origin, disability, age, or ancestry, to do any of the following:	81718

(1) Refuse or fail to accept, register, classify properly, or	81719
refer for employment, or otherwise discriminate against any	81720
person;	81721

(2) Comply with a request from an employer for referral of	81722
applicants for employment if the request directly or indirectly	81723
indicates that the employer fails to comply with the provisions of	81724
sections 4112.01 to 4112.07 of the Revised Code.	81725

81726

(1) Limit or classify its membership on the basis of race,	81727
color, religion, sex, military status, national origin,	81728
disability, age, or ancestry;	81729

(2) Discriminate against, limit the employment opportunities	81730
of, or otherwise adversely affect the employment status, wages,	81731
hours, or employment conditions of any person as an employee	81732
because of race, color, religion, sex, military status, national	81733
origin, disability, age, or ancestry.	81734

(D) For any employer, labor organization, or joint	81735
labor-management committee controlling apprentice training	81736
programs to discriminate against any person because of race,	81737
color, religion, sex, military status, national origin,	81738
disability, or ancestry in admission to, or employment in, any	81739
program established to provide apprentice training.	81740

(E) Except where based on a bona fide occupational	81741
qualification certified in advance by the commission, for any	81742
employer, employment agency, personnel placement service, or labor	81743
organization, prior to employment or admission to membership, to	81744
do any of the following:	81745

(1) Elicit or attempt to elicit any information concerning	81746
the race, color, religion, sex, military status, national origin,	81747
disability, age, or ancestry of an applicant for employment or	81748
membership;	81749

(2) Make or keep a record of the race, color, religion, sex,	81750
military status, national origin, disability, age, or ancestry of	81751
any applicant for employment or membership;	81752

(3) Use any form of application for employment, or personnel	81753
or membership blank, seeking to elicit information regarding race,	81754
color, religion, sex, military status, national origin,	81755
disability, age, or ancestry; but an employer holding a contract	81756
containing a nondiscrimination clause with the government of the	81757
United States, or any department or agency of that government, may	81758
require an employee or applicant for employment to furnish	81759
documentary proof of United States citizenship and may retain that	81760
proof in the employer's personnel records and may use photographic	81761
or fingerprint identification for security purposes;	81762

(4) Print or publish or cause to be printed or published any	81763
notice or advertisement relating to employment or membership	81764
indicating any preference, limitation, specification, or	81765
discrimination, based upon race, color, religion, sex, military	81766
status, national origin, disability, age, or ancestry;	81767

(5) Announce or follow a policy of denying or limiting,	81768
through a quota system or otherwise, employment or membership	81769
opportunities of any group because of the race, color, religion,	81770
sex, military status, national origin, disability, age, or	81771
ancestry of that group;	81772

(6) Utilize in the recruitment or hiring of persons any	81773
employment agency, personnel placement service, training school or	81774
center, labor organization, or any other employee-referring source	81775
known to discriminate against persons because of their race,	81776
color, religion, sex, military status, national origin,	81777
disability, age, or ancestry.	81778

(F) For any person seeking employment to publish or cause to	81779
be published any advertisement that specifies or in any manner	81780
indicates that person's race, color, religion, sex, military	81781
status, national origin, disability, age, or ancestry, or	81782
expresses a limitation or preference as to the race, color,	81783
religion, sex, military status, national origin, disability, age,	81784
or ancestry of any prospective employer.	81785

(G) For any proprietor or any employee, keeper, or manager of	81786
a place of public accommodation to deny to any person, except for	81787
reasons applicable alike to all persons regardless of race, color,	81788
religion, sex, military status, national origin, disability, age,	81789
or ancestry, the full enjoyment of the accommodations, advantages,	81790
facilities, or privileges of the place of public accommodation.	81791

(H) For any person to do any of the following:

81792

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	81793
or finance housing accommodations, refuse to negotiate for the	81794
sale or rental of housing accommodations, or otherwise deny or	81795
make unavailable housing accommodations because of race, color,	81796
religion, sex, military status, familial status, ancestry,	81797
disability, or national origin;	81798

(2) Represent to any person that housing accommodations are	81799
not available for inspection, sale, or rental, when in fact they	81800
are available, because of race, color, religion, sex, military	81801
status, familial status, ancestry, disability, or national origin;	81802

(3) Discriminate against any person in the making or	81803
purchasing of loans or the provision of other financial assistance	81804
for the acquisition, construction, rehabilitation, repair, or	81805
maintenance of housing accommodations, or any person in the making	81806
or purchasing of loans or the provision of other financial	81807
assistance that is secured by residential real estate, because of	81808
race, color, religion, sex, military status, familial status,	81809
ancestry, disability, or national origin or because of the racial	81810
composition of the neighborhood in which the housing	81811
accommodations are located, provided that the person, whether an	81812
individual, corporation, or association of any type, lends money	81813
as one of the principal aspects or incident to the person's	81814
principal business and not only as a part of the purchase price of	81815
an owner-occupied residence the person is selling nor merely	81816
casually or occasionally to a relative or friend;	81817

(4) Discriminate against any person in the terms or	81818
conditions of selling, transferring, assigning, renting, leasing,	81819
or subleasing any housing accommodations or in furnishing	81820
facilities, services, or privileges in connection with the	81821
ownership, occupancy, or use of any housing accommodations,	81822
including the sale of fire, extended coverage, or homeowners	81823
insurance, because of race, color, religion, sex, military status,	81824
familial status, ancestry, disability, or national origin or	81825
because of the racial composition of the neighborhood in which the	81826
housing accommodations are located;	81827

(5) Discriminate against any person in the terms or	81828
conditions of any loan of money, whether or not secured by	81829
mortgage or otherwise, for the acquisition, construction,	81830
rehabilitation, repair, or maintenance of housing accommodations	81831
because of race, color, religion, sex, military status, familial	81832
status, ancestry, disability, or national origin or because of the	81833
racial composition of the neighborhood in which the housing	81834
accommodations are located;	81835

(6) Refuse to consider without prejudice the combined income	81836
of both husband and wife for the purpose of extending mortgage	81837
credit to a married couple or either member of a married couple;	81838

(7) Print, publish, or circulate any statement or	81839
advertisement, or make or cause to be made any statement or	81840
advertisement, relating to the sale, transfer, assignment, rental,	81841
lease, sublease, or acquisition of any housing accommodations, or	81842
relating to the loan of money, whether or not secured by mortgage	81843
or otherwise, for the acquisition, construction, rehabilitation,	81844
repair, or maintenance of housing accommodations, that indicates	81845
any preference, limitation, specification, or discrimination based	81846
upon race, color, religion, sex, military status, familial status,	81847
ancestry, disability, or national origin, or an intention to make	81848
any such preference, limitation, specification, or discrimination;	81849

(8) Except as otherwise provided in division (H)(8) or (17)	81850
of this section, make any inquiry, elicit any information, make or	81851
keep any record, or use any form of application containing	81852
questions or entries concerning race, color, religion, sex,	81853
military status, familial status, ancestry, disability, or	81854
national origin in connection with the sale or lease of any	81855
housing accommodations or the loan of any money, whether or not	81856
secured by mortgage or otherwise, for the acquisition,	81857
construction, rehabilitation, repair, or maintenance of housing	81858
accommodations. Any person may make inquiries, and make and keep	81859
records, concerning race, color, religion, sex, military status,	81860
familial status, ancestry, disability, or national origin for the	81861
purpose of monitoring compliance with this chapter.	81862

(9) Include in any transfer, rental, or lease of housing	81863
accommodations any restrictive covenant, or honor or exercise, or	81864
attempt to honor or exercise, any restrictive covenant;	81865

(10) Induce or solicit, or attempt to induce or solicit, a	81866
housing accommodations listing, sale, or transaction by	81867
representing that a change has occurred or may occur with respect	81868
to the racial, religious, sexual, military status, familial	81869
status, or ethnic composition of the block, neighborhood, or other	81870
area in which the housing accommodations are located, or induce or	81871
solicit, or attempt to induce or solicit, a housing accommodations	81872
listing, sale, or transaction by representing that the presence or	81873
anticipated presence of persons of any race, color, religion, sex,	81874
military status, familial status, ancestry, disability, or	81875
national origin, in the block, neighborhood, or other area will or	81876
may have results including, but not limited to, the following:	81877

(a) The lowering of property values;

81878

(b) A change in the racial, religious, sexual, military	81879
status, familial status, or ethnic composition of the block,	81880
neighborhood, or other area;	81881

(c) An increase in criminal or antisocial behavior in the	81882
block, neighborhood, or other area;	81883

(d) A decline in the quality of the schools serving the	81884
block, neighborhood, or other area.	81885

(11) Deny any person access to or membership or participation	81886
in any multiple-listing service, real estate brokers'	81887
organization, or other service, organization, or facility relating	81888
to the business of selling or renting housing accommodations, or	81889
discriminate against any person in the terms or conditions of that	81890
access, membership, or participation, on account of race, color,	81891
religion, sex, military status, familial status, national origin,	81892
disability, or ancestry;	81893

(12) Coerce, intimidate, threaten, or interfere with any	81894
person in the exercise or enjoyment of, or on account of that	81895
person's having exercised or enjoyed or having aided or encouraged	81896
any other person in the exercise or enjoyment of, any right	81897
granted or protected by division (H) of this section;	81898

(13) Discourage or attempt to discourage the purchase by a	81899
prospective purchaser of housing accommodations, by representing	81900
that any block, neighborhood, or other area has undergone or might	81901
undergo a change with respect to its religious, racial, sexual,	81902
military status, familial status, or ethnic composition;	81903

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	81904
or finance, or otherwise deny or withhold, a burial lot from any	81905
person because of the race, color, sex, military status, familial	81906
status, age, ancestry, disability, or national origin of any	81907
prospective owner or user of the lot;	81908

(15) Discriminate in the sale or rental of, or otherwise make	81909
unavailable or deny, housing accommodations to any buyer or renter	81910
because of a disability of any of the following:	81911

(a) The buyer or renter;

81912

(b) A person residing in or intending to reside in the	81913
housing accommodations after they are sold, rented, or made	81914
available;	81915

(c) Any individual associated with the person described in	81916
division (H)(15)(b) of this section.	81917

(16) Discriminate in the terms, conditions, or privileges of	81918
the sale or rental of housing accommodations to any person or in	81919
the provision of services or facilities to any person in	81920
connection with the housing accommodations because of a disability	81921
of any of the following:	81922

(a) That person;

81923

(b) A person residing in or intending to reside in the	81924
housing accommodations after they are sold, rented, or made	81925
available;	81926

(c) Any individual associated with the person described in	81927
division (H)(16)(b) of this section.	81928

(17) Except as otherwise provided in division (H)(17) of this	81929
section, make an inquiry to determine whether an applicant for the	81930
sale or rental of housing accommodations, a person residing in or	81931
intending to reside in the housing accommodations after they are	81932
sold, rented, or made available, or any individual associated with	81933
that person has a disability, or make an inquiry to determine the	81934
nature or severity of a disability of the applicant or such a	81935
person or individual. The following inquiries may be made of all	81936
applicants for the sale or rental of housing accommodations,	81937
regardless of whether they have disabilities:	81938

(a) An inquiry into an applicant's ability to meet the	81939
requirements of ownership or tenancy;	81940

(b) An inquiry to determine whether an applicant is qualified	81941
for housing accommodations available only to persons with	81942
disabilities or persons with a particular type of disability;	81943

(c) An inquiry to determine whether an applicant is qualified	81944
for a priority available to persons with disabilities or persons	81945
with a particular type of disability;	81946

(d) An inquiry to determine whether an applicant currently	81947
uses a controlled substance in violation of section 2925.11 of the	81948
Revised Code or a substantively comparable municipal ordinance;	81949

(e) An inquiry to determine whether an applicant at any time	81950
has been convicted of or pleaded guilty to any offense, an element	81951
of which is the illegal sale, offer to sell, cultivation,	81952
manufacture, other production, shipment, transportation, delivery,	81953
or other distribution of a controlled substance.	81954

(18)(a) Refuse to permit, at the expense of a person with a	81955
disability, reasonable modifications of existing housing	81956
accommodations that are occupied or to be occupied by the person	81957
with a disability, if the modifications may be necessary to afford	81958
the person with a disability full enjoyment of the housing	81959
accommodations. This division does not preclude a landlord of	81960
housing accommodations that are rented or to be rented to a	81961
disabled tenant from conditioning permission for a proposed	81962
modification upon the disabled tenant's doing one or more of the	81963
following:	81964

(i) Providing a reasonable description of the proposed	81965
modification and reasonable assurances that the proposed	81966
modification will be made in a workerlike manner and that any	81967
required building permits will be obtained prior to the	81968
commencement of the proposed modification;	81969

(ii) Agreeing to restore at the end of the tenancy the	81970
interior of the housing accommodations to the condition they were	81971
in prior to the proposed modification, but subject to reasonable	81972
wear and tear during the period of occupancy, if it is reasonable	81973
for the landlord to condition permission for the proposed	81974
modification upon the agreement;	81975

(iii) Paying into an interest-bearing escrow account that is	81976
in the landlord's name, over a reasonable period of time, a	81977
reasonable amount of money not to exceed the projected costs at	81978
the end of the tenancy of the restoration of the interior of the	81979
housing accommodations to the condition they were in prior to the	81980
proposed modification, but subject to reasonable wear and tear	81981
during the period of occupancy, if the landlord finds the account	81982
reasonably necessary to ensure the availability of funds for the	81983
restoration work. The interest earned in connection with an escrow	81984
account described in this division shall accrue to the benefit of	81985
the disabled tenant who makes payments into the account.	81986

(b) A landlord shall not condition permission for a proposed	81987
modification upon a disabled tenant's payment of a security	81988
deposit that exceeds the customarily required security deposit of	81989
all tenants of the particular housing accommodations.	81990

(19) Refuse to make reasonable accommodations in rules,	81991
policies, practices, or services when necessary to afford a person	81992
with a disability equal opportunity to use and enjoy a dwelling	81993
unit, including associated public and common use areas;	81994

(20) Fail to comply with the standards and rules adopted	81995
under division (A) of section 3781.111 of the Revised Code;	81996

(21) Discriminate against any person in the selling,	81997
brokering, or appraising of real property because of race, color,	81998
religion, sex, military status, familial status, ancestry,	81999
disability, or national origin;	82000

(22) Fail to design and construct covered multifamily	82001
dwellings for first occupancy on or after June 30, 1992, in	82002
accordance with the following conditions:	82003

(a) The dwellings shall have at least one building entrance	82004
on an accessible route, unless it is impractical to do so because	82005
of the terrain or unusual characteristics of the site.	82006

(b) With respect to dwellings that have a building entrance	82007
on an accessible route, all of the following apply:	82008

(i) The public use areas and common use areas of the	82009
dwellings shall be readily accessible to and usable by persons	82010
with a disability.	82011

(ii) All the doors designed to allow passage into and within	82012
all premises shall be sufficiently wide to allow passage by	82013
persons with a disability who are in wheelchairs.	82014

(iii) All premises within covered multifamily dwelling units	82015
shall contain an accessible route into and through the dwelling;	82016
all light switches, electrical outlets, thermostats, and other	82017
environmental controls within such units shall be in accessible	82018
locations; the bathroom walls within such units shall contain	82019
reinforcements to allow later installation of grab bars; and the	82020
kitchens and bathrooms within such units shall be designed and	82021
constructed in a manner that enables an individual in a wheelchair	82022
to maneuver about such rooms.	82023

For purposes of division (H)(22) of this section, "covered	82024
multifamily dwellings" means buildings consisting of four or more	82025
units if such buildings have one or more elevators and ground	82026
floor units in other buildings consisting of four or more units.	82027

(I) For any person to discriminate in any manner against any	82028
other person because that person has opposed any unlawful	82029
discriminatory practice defined in this section or because that	82030
person has made a charge, testified, assisted, or participated in	82031
any manner in any investigation, proceeding, or hearing under	82032
sections 4112.01 to 4112.07 of the Revised Code.	82033

(J) For any person to aid, abet, incite, compel, or coerce	82034
the doing of any act declared by this section to be an unlawful	82035
discriminatory practice, to obstruct or prevent any person from	82036
complying with this chapter or any order issued under it, or to	82037
attempt directly or indirectly to commit any act declared by this	82038
section to be an unlawful discriminatory practice.	82039

(K)(1) Nothing in division (H) of this section shall bar any	82040
religious or denominational institution or organization, or any	82041
nonprofit charitable or educational organization that is operated,	82042
supervised, or controlled by or in connection with a religious	82043
organization, from limiting the sale, rental, or occupancy of	82044
housing accommodations that it owns or operates for other than a	82045
commercial purpose to persons of the same religion, or from giving	82046
preference in the sale, rental, or occupancy of such housing	82047
accommodations to persons of the same religion, unless membership	82048
in the religion is restricted on account of race, color, or	82049
national origin.	82050

(2) Nothing in division (H) of this section shall bar any	82051
bona fide private or fraternal organization that, incidental to	82052
its primary purpose, owns or operates lodgings for other than a	82053
commercial purpose, from limiting the rental or occupancy of the	82054
lodgings to its members or from giving preference to its members.	82055

(3) Nothing in division (H) of this section limits the	82056
applicability of any reasonable local, state, or federal	82057
restrictions regarding the maximum number of occupants permitted	82058
to occupy housing accommodations. Nothing in that division	82059
prohibits the owners or managers of housing accommodations from	82060
implementing reasonable occupancy standards based on the number	82061
and size of sleeping areas or bedrooms and the overall size of a	82062
dwelling unit, provided that the standards are not implemented to	82063
circumvent the purposes of this chapter and are formulated,	82064
implemented, and interpreted in a manner consistent with this	82065
chapter and any applicable local, state, or federal restrictions	82066
regarding the maximum number of occupants permitted to occupy	82067
housing accommodations.	82068

(4) Nothing in division (H) of this section requires that	82069
housing accommodations be made available to an individual whose	82070
tenancy would constitute a direct threat to the health or safety	82071
of other individuals or whose tenancy would result in substantial	82072
physical damage to the property of others.	82073

(5) Nothing in division (H) of this section pertaining to	82074
discrimination on the basis of familial status shall be construed	82075
to apply to any of the following:	82076

(a) Housing accommodations provided under any state or	82077
federal program that have been determined under the "Fair Housing	82078
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	82079
amended, to be specifically designed and operated to assist	82080
elderly persons;	82081

(b) Housing accommodations intended for and solely occupied	82082
by persons who are sixty-two years of age or older;	82083

(c) Housing accommodations intended and operated for	82084
occupancy by at least one person who is fifty-five years of age or	82085
older per unit, as determined under the "Fair Housing Amendments	82086
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	82087

(L) Nothing in divisions (A) to (E) of this section shall be	82088
construed to require a person with a disability to be employed or	82089
trained under circumstances that would significantly increase the	82090
occupational hazards affecting either the person with a	82091
disability, other employees, the general public, or the facilities	82092
in which the work is to be performed, or to require the employment	82093
or training of a person with a disability in a job that requires	82094
the person with a disability routinely to undertake any task, the	82095
performance of which is substantially and inherently impaired by	82096
the person's disability.	82097

(M) Nothing in divisions (H)(1) to (18) of this section shall	82098
be construed to require any person selling or renting property to	82099
modify the property in any way or to exercise a higher degree of	82100
care for a person with a disability, to relieve any person with a	82101
disability of any obligation generally imposed on all persons	82102
regardless of disability in a written lease, rental agreement, or	82103
contract of purchase or sale, or to forbid distinctions based on	82104
the inability to fulfill the terms and conditions, including	82105
financial obligations, of the lease, agreement, or contract.	82106

(N) An aggrieved individual may enforce the individual's	82107
rights relative to discrimination on the basis of age as provided	82108
for in this section by instituting a civil action, within one	82109
hundred eighty days after the alleged unlawful discriminatory	82110
practice occurred, in any court with jurisdiction for any legal or	82111
equitable relief that will effectuate the individual's rights.	82112

A person who files a civil action under this division is	82113
barred, with respect to the practices complained of, from	82114
instituting a civil action under section 4112.14 of the Revised	82115
Code and from filing a charge with the commission under section	82116
4112.05 of the Revised Code.	82117

(O) With regard to age, it shall not be an unlawful	82118
discriminatory practice and it shall not constitute a violation of	82119
division (A) of section 4112.14 of the Revised Code for any	82120
employer, employment agency, joint labor-management committee	82121
controlling apprenticeship training programs, or labor	82122
organization to do any of the following:	82123

(1) Establish bona fide employment qualifications reasonably	82124
related to the particular business or occupation that may include	82125
standards for skill, aptitude, physical capability, intelligence,	82126
education, maturation, and experience;	82127

(2) Observe the terms of a bona fide seniority system or any	82128
bona fide employee benefit plan, including, but not limited to, a	82129
retirement, pension, or insurance plan, that is not a subterfuge	82130
to evade the purposes of this section. However, no such employee	82131
benefit plan shall excuse the failure to hire any individual, and	82132
no such seniority system or employee benefit plan shall require or	82133
permit the involuntary retirement of any individual, because of	82134
the individual's age except as provided for in the "Age	82135
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	82136
29 U.S.C.A. 623, as amended by the "Age Discrimination in	82137
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	82138
623, as amended.	82139

(3) Retire an employee who has attained sixty-five years of	82140
age who, for the two-year period immediately before retirement, is	82141
employed in a bona fide executive or a high policymaking position,	82142
if the employee is entitled to an immediate nonforfeitable annual	82143
retirement benefit from a pension, profit-sharing, savings, or	82144
deferred compensation plan, or any combination of those plans, of	82145
the employer of the employee, which equals, in the aggregate, at	82146
least forty-four thousand dollars, in accordance with the	82147
conditions of the "Age Discrimination in Employment Act Amendment	82148
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	82149
Discrimination in Employment Act Amendments of 1986," 100 Stat.	82150
3342, 29 U.S.C.A. 631, as amended;	82151

(4) Observe the terms of any bona fide apprenticeship program	82152
if the program is registered with the Ohio apprenticeship council	82153
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	82154
approved by the federal committee on apprenticeship of the United	82155
States department of labor.	82156

(P) Nothing in this chapter prohibiting age discrimination	82157
and nothing in division (A) of section 4112.14 of the Revised Code	82158
shall be construed to prohibit the following:	82159

(1) The designation of uniform age the attainment of which is	82160
necessary for public employees to receive pension or other	82161
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	82162
or 5505. of the Revised Code;	82163

(2) The mandatory retirement of uniformed patrol officers of	82164
the state highway patrol as provided in section 5505.16 of the	82165
Revised Code;	82166

(3) The maximum age requirements for appointment as a patrol	82167
officer in the state highway patrol established by section 5503.01	82168
of the Revised Code;	82169

(4) The maximum age requirements established for original	82170
appointment to a police department or fire department in sections	82171
124.41 and 124.42 of the Revised Code;	82172

(5) Any maximum age not in conflict with federal law that may	82173
be established by a municipal charter, municipal ordinance, or	82174
resolution of a board of township trustees for original	82175
appointment as a police officer or firefighter;	82176

(6) Any mandatory retirement provision not in conflict with	82177
federal law of a municipal charter, municipal ordinance, or	82178
resolution of a board of township trustees pertaining to police	82179
officers and firefighters;	82180

(7) Until January 1, 1994, the mandatory retirement of any	82181
employee who has attained seventy years of age and who is serving	82182
under a contract of unlimited tenure, or similar arrangement	82183
providing for unlimited tenure, at an institution of higher	82184
education as defined in the "Education Amendments of 1980," 94	82185
Stat. 1503, 20 U.S.C.A. 1141(a).	82186

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	82187
section, for purposes of divisions (A) to (E) of this section, a	82188
disability does not include any physiological disorder or	82189
condition, mental or psychological disorder, or disease or	82190
condition caused by an illegal use of any controlled substance by	82191
an employee, applicant, or other person, if an employer,	82192
employment agency, personnel placement service, labor	82193
organization, or joint labor-management committee acts on the	82194
basis of that illegal use.	82195

(b) Division (Q)(1)(a) of this section does not apply to an	82196
employee, applicant, or other person who satisfies any of the	82197
following:	82198

(i) The employee, applicant, or other person has successfully	82199
completed a supervised drug rehabilitation program and no longer	82200
is engaging in the illegal use of any controlled substance, or the	82201
employee, applicant, or other person otherwise successfully has	82202
been rehabilitated and no longer is engaging in that illegal use.	82203

(ii) The employee, applicant, or other person is	82204
participating in a supervised drug rehabilitation program and no	82205
longer is engaging in the illegal use of any controlled substance.	82206

(iii) The employee, applicant, or other person is erroneously	82207
regarded as engaging in the illegal use of any controlled	82208
substance, but the employee, applicant, or other person is not	82209
engaging in that illegal use.	82210

(2) Divisions (A) to (E) of this section do not prohibit an	82211
employer, employment agency, personnel placement service, labor	82212
organization, or joint labor-management committee from doing any	82213
of the following:	82214

(a) Adopting or administering reasonable policies or	82215
procedures, including, but not limited to, testing for the illegal	82216
use of any controlled substance, that are designed to ensure that	82217
an individual described in division (Q)(1)(b)(i) or (ii) of this	82218
section no longer is engaging in the illegal use of any controlled	82219
substance;	82220

(b) Prohibiting the illegal use of controlled substances and	82221
the use of alcohol at the workplace by all employees;	82222

(c) Requiring that employees not be under the influence of	82223
alcohol or not be engaged in the illegal use of any controlled	82224
substance at the workplace;	82225

(d) Requiring that employees behave in conformance with the	82226
requirements established under "The Drug-Free Workplace Act of	82227
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	82228

(e) Holding an employee who engages in the illegal use of any	82229
controlled substance or who is an alcoholic to the same	82230
qualification standards for employment or job performance, and the	82231
same behavior, to which the employer, employment agency, personnel	82232
placement service, labor organization, or joint labor-management	82233
committee holds other employees, even if any unsatisfactory	82234
performance or behavior is related to an employee's illegal use of	82235
a controlled substance or alcoholism;	82236

(f) Exercising other authority recognized in the "Americans	82237
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	82238
as amended, including, but not limited to, requiring employees to	82239
comply with any applicable federal standards.	82240

(3) For purposes of this chapter, a test to determine the	82241
illegal use of any controlled substance does not include a medical	82242
examination.	82243

(4) Division (Q) of this section does not encourage,	82244
prohibit, or authorize, and shall not be construed as encouraging,	82245
prohibiting, or authorizing, the conduct of testing for the	82246
illegal use of any controlled substance by employees, applicants,	82247
or other persons, or the making of employment decisions based on	82248
the results of that type of testing.	82249

(R) This section does not apply to a religious corporation,	82250
association, educational institution, or society with respect to	82251
the employment of an individual of a particular religion to	82252
perform work connected with the carrying on by that religious	82253
corporation, association, educational institution, or society of	82254
its activities.	82255

The unlawful discriminatory practices defined in this section	82256
do not make it unlawful for a person or an appointing authority	82257
administering an examination under section 124.23 of the Revised	82258
Code to obtain information about an applicant's military status	82259
for the purpose of determining if the applicant is eligible for	82260
the additional credit that is available under that section.	82261

Sec. 4112.12. (A) There is hereby created the commission on	82262
African-American males, which shall consist of not more than	82263
twenty-five members as follows: the directors or their designees	82264
of the departments of health, development, ~~alcohol and drug~~	82265
~~addiction services~~mental health and addiction services, and job	82266
and family services; the equal employment opportunity officer of	82267
the department of administrative services or the equal employment	82268
opportunity officer's designee; the executive director or the	82269
executive director's designee of the Ohio civil rights commission;	82270
the executive director or the executive director's designee of the	82271
division of criminal justice services in the department of public	82272
safety; the superintendent of public instruction; the chancellor	82273
or the chancellor's designee of the Ohio board of regents; two	82274
members of the house of representatives appointed by the speaker	82275
of the house of representatives each of whom shall be members of	82276
different political parties; and two members of the senate	82277
appointed by the president of the senate each of whom shall be	82278
members of different political parties. The members who are	82279
members of the general assembly shall be nonvoting members. The	82280
Ohio state university African American and African studies	82281
community extension center, in consultation with the governor,	82282
shall appoint four members from the private corporate sector, at	82283
least four members from the public sector, and two members from	82284
the nonprofit sector.	82285

(B) Terms of office shall be for three years, except that	82286
members of the general assembly appointed to the commission shall	82287
be members only so long as they are members of the general	82288
assembly. Each term ends on the same day of the same month as did	82289
the term that it succeeds. Each member shall hold office from the	82290
date of appointment until the end of the term for which the member	82291
was appointed. Members may be reappointed. Vacancies shall be	82292
filled in the manner provided for original appointments. Any	82293
member appointed to fill a vacancy occurring prior to the	82294
expiration date of the term for which the member's predecessor was	82295
appointed shall hold office as a member for the remainder of that	82296
term. A member shall continue in office subsequent to the	82297
expiration date of the member's term until the member's successor	82298
takes office or until a period of sixty days has elapsed,	82299
whichever occurs first.	82300

The commission annually shall elect a chairperson from among	82301
its members.	82302

(C) Members of the commission and members of subcommittees	82303
appointed under division (B) of section 4112.13 of the Revised	82304
Code shall not be compensated, but shall be reimbursed for their	82305
necessary and actual expenses incurred in the performance of their	82306
official duties.	82307

(D) The Ohio state university African American and African	82308
studies community extension center, in consultation with the	82309
governor, shall appoint an executive director of the commission on	82310
African-American males, who shall be in the unclassified civil	82311
service. The executive director shall supervise the commission's	82312
activities and report to the commission and to the Ohio state	82313
university African American and African studies community	82314
extension center on the progress of those activities. The	82315
executive director shall do all things necessary for the efficient	82316
and effective implementation of the duties of the commission.	82317

The responsibilities assigned to the executive director do	82318
not relieve the members of the commission from final	82319
responsibility for the proper performance of the requirements of	82320
this division.	82321

(E) The commission on African-American males shall do all of	82322
the following:	82323

(1) Employ, promote, supervise, and remove all employees, as	82324
needed, in connection with the performance of its duties under	82325
this section;	82326

(2) Maintain its office in Columbus;

82327

(3) Acquire facilities, equipment, and supplies necessary to	82328
house the commission, its employees, and files and records under	82329
its control, and to discharge any duty imposed upon it by law. The	82330
expense of these acquisitions shall be audited and paid for in the	82331
same manner as other state expenses.	82332

(4) Establish the overall policy and management of the	82333
commission in accordance with this chapter;	82334

(5) Follow all state procurement requirements;

82335

(6) Implement the policies and plans of the Ohio state	82336
university African American and African studies community	82337
extension center as those policies and plans are formulated and	82338
adopted by the Ohio state university African American and African	82339
studies community extension center;	82340

(7) Report to the Ohio state university African American and	82341
African studies community extension center on the progress of the	82342
commission on African-American males in implementing the policies	82343
and plans of the Ohio state university African American and	82344
African studies community extension center.	82345

(F) The commission on African-American males may:

82346

(1) Hold sessions at any place within the state, except that	82347
the commission on African-American males shall meet at least	82348
quarterly;	82349

(2) Establish, change, or abolish positions, and assign and	82350
reassign duties and responsibilities of any employee of the	82351
commission on African-American males as necessary to achieve the	82352
most efficient performance of its functions.	82353

(G) The Ohio state university African American and African	82354
studies community extension center shall establish the overall	82355
policy and management of the commission on African-American males	82356
and shall direct, manage, and oversee the commission. The Ohio	82357
state university African American and African studies community	82358
extension center shall develop overall policies and plans, and the	82359
commission on African-American males shall implement those	82360
policies and plans. The commission on African-American males,	82361
through its executive director, shall keep the Ohio state	82362
university African American and African studies community	82363
extension center informed as to the activities of the commission	82364
on African-American males in such manner and at such times as the	82365
Ohio state university African American and African studies	82366
community extension center shall determine.	82367

The Ohio state university African American and African	82368
studies community extension center may prescribe duties and	82369
responsibilities of the commission on African-American males in	82370
addition to those prescribed in section 4112.13 of the Revised	82371
Code.	82372

(H) The Ohio state university African American and African	82373
studies community extension center annually shall contract for a	82374
report on the status of African Americans in this state. Issues to	82375
be evaluated in the report shall include the criminal justice	82376
system, education, employment, health care, and housing, and such	82377
other issues as the Ohio state university African American and	82378
African studies community extension center may specify. The report	82379
shall include policy recommendations relating to the issues	82380
covered in the report.	82381

Sec. 4112.31. The new African immigrants commission shall do	82382
all of the following:	82383

(A) Gather and disseminate information and conduct hearings,	82384
conferences, investigations, and special studies on problems and	82385
programs concerning sub-Saharan African people;	82386

(B) Secure appropriate recognition of the accomplishments and	82387
contributions of sub-Saharan African people to this state;	82388

(C) Stimulate public awareness of the problems of sub-Saharan	82389
African people by conducting a program of public education;	82390

(D) Develop, coordinate, and assist other public and private	82391
organizations that serve sub-Saharan African people, including the	82392
conducting of training programs for community leadership and	82393
service project staff;	82394

(E) Advise the governor, general assembly, and state	82395
departments and agencies of the nature, magnitude, and priorities	82396
of the problems of sub-Saharan African people;	82397

(F) Advise the governor, general assembly, and state	82398
departments and agencies on, and assist in the development and	82399
implementation of, comprehensive and coordinated policies,	82400
programs, and procedures focusing on the special problems and	82401
needs of sub-Saharan African people, especially in the fields of	82402
education, employment, energy, health, housing, welfare, and	82403
recreation;	82404

(G) Propose new programs concerning sub-Saharan African	82405
people to public and private agencies and evaluate for such	82406
agencies existing programs or prospective legislation concerning	82407
sub-Saharan African people;	82408

(H) Review and approve grants to be made from federal, state,	82409
or private funds that are administered or subcontracted by the	82410
commission;	82411

(I) Prepare, review, and approve an annual report;

82412

(J) Serve as a clearinghouse to review and comment on all	82413
proposals to meet the needs of sub-Saharan African people that are	82414
submitted to it by public and private agencies;	82415

(K) Apply for and accept grants and gifts from governmental	82416
and private sources to be administered by the commission or	82417
subcontracted to local agencies;	82418

(L) Monitor and evaluate all programs subcontracted to local	82419
agencies by the commission;	82420

(M) Endeavor to assure that sub-Saharan African people have	82421
access to decision-making bodies in all state and local	82422
governmental departments and agencies;	82423

(N) Establish advisory committees on special subjects as	82424
needed to facilitate and maximize community participation in the	82425
operation of the commission;	82426

(O) Establish with state and local governments and private	82427
business and industry relationships that promote and assure equal	82428
opportunity for sub-Saharan African people in government,	82429
education, and employment.	82430

(P) Create an interagency council consisting of the following	82431
persons or their authorized representatives: one member of the	82432
senate appointed by the president of the senate; one member of the	82433
house of representatives appointed by the speaker of the house of	82434
representatives; the directors of administrative services,	82435
agriculture, education, development services, health, highway	82436
safety, job and family services, liquor control, ~~mental health~~	82437
mental health and addiction services, ~~mental retardation~~ and	82438
developmental disabilities, natural resources, rehabilitation and	82439
correction, youth services, transportation, environmental	82440
protection, and budget and management; the chairperson of the Ohio	82441
civil rights commission, the ~~administrators~~administrator of the	82442
bureau of workers' compensation ~~and~~, the ~~rehabilitation services~~	82443
~~commission~~executive director of the opportunities for Ohioans	82444
with disabilities agency, and an additional member of the	82445
governor's cabinet appointed by the governor. The new African	82446
immigrants commission, by rule, may designate other state officers	82447
or their representatives to be members of the council. The	82448
director of the commission shall be the chairperson of the	82449
council.	82450

The interagency council shall provide and coordinate the	82451
exchange of information relative to the needs of sub-Saharan	82452
African people and promote the delivery of state services to such	82453
people. The council shall meet at the call of the chairperson.	82454

Advisory committees shall be composed of persons representing	82455
community organizations and charitable institutions, public	82456
officials, and such other persons as the commission determines.	82457

Sec. 4115.034. On January 1, 1996, and the first day of	82458
January of every even-numbered year thereafter, the director of	82459
commerce shall adjust the threshold levels for which public	82460
improvement projects are subject to sections 4115.03 to 4115.16 of	82461
the Revised Code as set forth in divisions (B)(3) and (4) of	82462
section 4115.03 of the Revised Code. The director shall adjust	82463
those amounts according to the average increase or decrease for	82464
each of the two years immediately preceding the adjustment as set	82465
forth in ~~the United States department of commerce, bureau of the~~	82466
~~census implicit price deflator for~~the construction cost index	82467
published by the engineering news-record or, should that index	82468
cease to be published, a similar recognized industry index chosen	82469
by the director, provided that no increase or decrease for any	82470
year shall exceed three per cent of the threshold level in	82471
existence at the time of the adjustment.	82472

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	82473
Code, there is hereby created the state committee for the purchase	82474
of products and services provided by persons with severe	82475
disabilities. The committee shall be composed ex officio of the	82476
following persons, or their designees:	82477

(1) The directors of administrative services, ~~mental health~~	82478
mental health and addiction services, developmental disabilities,	82479
transportation, natural resources, and commerce;	82480

(2) The ~~administrators~~administrator of the ~~rehabilitation~~	82481
~~services commission and the~~ bureau of workers' compensation and	82482
the executive director of the opportunities for Ohioans with	82483
disabilities agency;	82484

(3) The secretary of state;

82485

(4) One representative of a purchasing department of a	82486
political subdivision who is designated by the governor.	82487

The governor shall appoint two representatives of a qualified	82488
nonprofit agency for persons with severe disabilities, and a	82489
person with a severe disability to the committee.	82490

(B) Within thirty days after September 29, 1995, the governor	82491
shall appoint the representatives of a qualified nonprofit agency	82492
for persons with severe disabilities to the committee for a term	82493
ending August 31, 1996. Thereafter, terms for such representatives	82494
are for three years, each term ending on the same day of the same	82495
month of the year as did the term that it succeeds. Each committee	82496
member shall serve from the date of the member's appointment until	82497
the end of the term for which the member was appointed. Vacancies	82498
shall be filled in the same manner provided for original	82499
appointments. Any member appointed to fill a vacancy occurring	82500
prior to the expiration date of the term for which the member's	82501
predecessor was appointed shall serve as a member for the	82502
remainder of that term. A member shall serve subsequent to the	82503
expiration of the member's term and shall continue to serve until	82504
the member's successor takes office.	82505

(C) Members of the committee shall serve without	82506
compensation. Except as otherwise provided in divisions (C)(1) and	82507
(2) of this section, members shall be reimbursed for actual and	82508
necessary expenses, including travel expenses, incurred while away	82509
from their homes or regular places of business and incurred while	82510
performing services for the committee.	82511

(1) The members listed in divisions (A)(1) to (3) of this	82512
section, or their designees, shall not be reimbursed for any	82513
expenses.	82514

(2) No member of the committee who is entitled to receive	82515
reimbursement for the performance of services for the committee	82516
from another agency or entity shall receive reimbursement from the	82517
committee.	82518

(D) The committee shall elect from among its members a	82519
chairperson. The committee may request from any agency of the	82520
state, political subdivision, or instrumentality of the state any	82521
information necessary to enable it to carry out the intent of	82522
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	82523
the committee, the agency, subdivision, or instrumentality shall	82524
furnish the information to the chairperson of the committee.	82525

(E) The committee shall not later than one hundred eighty	82526
days following the close of each fiscal year transmit to the	82527
governor, the general assembly, and each qualified nonprofit	82528
agency for persons with severe disabilities a report that includes	82529
the names of the committee members serving during the preceding	82530
fiscal year, the dates of committee meetings in that year, and any	82531
recommendations for changes in sections 4115.31 to 4115.35 of the	82532
Revised Code that the committee determines are necessary.	82533

(F) The director of administrative services shall designate a	82534
subordinate to act as executive director of the committee and	82535
shall furnish other staff and clerical assistance, office space,	82536
and supplies required by the committee.	82537

Sec. 4117.06. (A) The state employment relations board shall	82538
decide in each case the unit appropriate for the purposes of	82539
collective bargaining. The determination is final and conclusive	82540
and not appealable to the court.	82541

(B) The board shall determine the appropriateness of each	82542
bargaining unit and shall consider among other relevant factors:	82543
the desires of the employees; the community of interest; wages,	82544
hours, and other working conditions of the public employees; the	82545
effect of over-fragmentation; the efficiency of operations of the	82546
public employer; the administrative structure of the public	82547
employer; and the history of collective bargaining.	82548

(C) The board may determine a unit to be the appropriate unit	82549
in a particular case, even though some other unit might also be	82550
appropriate.	82551

(D) In addition, in determining the appropriate unit, the	82552
board shall not:	82553

(1) Decide that any unit is appropriate if the unit includes	82554
both professional and nonprofessional employees, unless a majority	82555
of the professional employees and a majority of the	82556
nonprofessional employees first vote for inclusion in the unit;	82557

(2) Include guards or correction officers at correctional or	82558
mental institutions, special police officers appointed in	82559
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	82560
Revised Code, psychiatric attendants employed at mental health	82561
forensic facilities, youth leaders employed at juvenile correction	82562
facilities, or any public employee employed as a guard to enforce	82563
against other employees rules to protect property of the employer	82564
or to protect the safety of persons on the employer's premises in	82565
a unit with other employees;	82566

(3) Include members of a police or fire department or members	82567
of the state highway patrol in a unit with other classifications	82568
of public employees of the department;	82569

(4) Designate as appropriate a bargaining unit that contains	82570
more than one institution of higher education; nor shall it within	82571
any such institution of higher education designate as appropriate	82572
a unit where such designation would be inconsistent with the	82573
accreditation standards or interpretations of such standards,	82574
governing such institution of higher education or any department,	82575
school, or college thereof. For the purposes of this division, any	82576
branch or regional campus of a public institution of higher	82577
education is part of that institution of higher education.	82578

(5) Designate as appropriate a bargaining unit that contains	82579
employees within the jurisdiction of more than one elected county	82580
office holder, unless the county-elected office holder and the	82581
board of county commissioners agree to such other designation;	82582

(6) With respect to members of a police department, designate	82583
as appropriate a unit that includes rank and file members of the	82584
department with members who are of the rank of sergeant or above;	82585

(7) Except as otherwise provided by division (A)(3) of	82586
section 3314.10 or division (B) of section 3326.18 of the Revised	82587
Code, designate as appropriate a bargaining unit that contains	82588
employees from multiple community schools established under	82589
Chapter 3314. or multiple science, technology, engineering, and	82590
mathematics schools established under Chapter 3326. of the Revised	82591
Code. For purposes of this division, more than one unit may be	82592
designated within a single community school or science,	82593
technology, engineering, and mathematics school.	82594

This section shall not be deemed to prohibit multiunit	82595
bargaining.	82596

Sec. 4117.14. (A) The procedures contained in this section	82597
govern the settlement of disputes between an exclusive	82598
representative and a public employer concerning the termination or	82599
modification of an existing collective bargaining agreement or	82600
negotiation of a successor agreement, or the negotiation of an	82601
initial collective bargaining agreement.	82602

(B)(1) In those cases where there exists a collective	82603
bargaining agreement, any public employer or exclusive	82604
representative desiring to terminate, modify, or negotiate a	82605
successor collective bargaining agreement shall:	82606

(a) Serve written notice upon the other party of the proposed	82607
termination, modification, or successor agreement. The party must	82608
serve the notice not less than sixty days prior to the expiration	82609
date of the existing agreement or, in the event the existing	82610
collective bargaining agreement does not contain an expiration	82611
date, not less than sixty days prior to the time it is proposed to	82612
make the termination or modifications or to make effective a	82613
successor agreement.	82614

(b) Offer to bargain collectively with the other party for	82615
the purpose of modifying or terminating any existing agreement or	82616
negotiating a successor agreement;	82617

(c) Notify the state employment relations board of the offer	82618
by serving upon the board a copy of the written notice to the	82619
other party and a copy of the existing collective bargaining	82620
agreement.	82621

(2) In the case of initial negotiations between a public	82622
employer and an exclusive representative, where a collective	82623
bargaining agreement has not been in effect between the parties,	82624
any party may serve notice upon the board and the other party	82625
setting forth the names and addresses of the parties and offering	82626
to meet, for a period of ninety days, with the other party for the	82627
purpose of negotiating a collective bargaining agreement.	82628

If the settlement procedures specified in divisions (B), (C),	82629
and (D) of this section govern the parties, where those procedures	82630
refer to the expiration of a collective bargaining agreement, it	82631
means the expiration of the sixty-day period to negotiate a	82632
collective bargaining agreement referred to in this subdivision,	82633
or in the case of initial negotiations, it means the ninety-day	82634
period referred to in this subdivision.	82635

(3) The parties shall continue in full force and effect all	82636
the terms and conditions of any existing collective bargaining	82637
agreement, without resort to strike or lock-out, for a period of	82638
sixty days after the party gives notice or until the expiration	82639
date of the collective bargaining agreement, whichever occurs	82640
later, or for a period of ninety days where applicable.	82641

(4) Upon receipt of the notice, the parties shall enter into	82642
collective bargaining.	82643

(C) In the event the parties are unable to reach an	82644
agreement, they may submit, at any time prior to forty-five days	82645
before the expiration date of the collective bargaining agreement,	82646
the issues in dispute to any mutually agreed upon dispute	82647
settlement procedure which supersedes the procedures contained in	82648
this section.	82649

(1) The procedures may include:

82650

(a) Conventional arbitration of all unsettled issues;

82651

(b) Arbitration confined to a choice between the last offer	82652
of each party to the agreement as a single package;	82653

(c) Arbitration confined to a choice of the last offer of	82654
each party to the agreement on each issue submitted;	82655

(d) The procedures described in division (C)(1)(a), (b), or	82656
(c) of this section and including among the choices for the	82657
arbitrator, the recommendations of the fact finder, if there are	82658
recommendations, either as a single package or on each issue	82659
submitted;	82660

(e) Settlement by a citizens' conciliation council composed	82661
of three residents within the jurisdiction of the public employer.	82662
The public employer shall select one member and the exclusive	82663
representative shall select one member. The two members selected	82664
shall select the third member who shall chair the council. If the	82665
two members cannot agree upon a third member within five days	82666
after their appointments, the board shall appoint the third	82667
member. Once appointed, the council shall make a final settlement	82668
of the issues submitted to it pursuant to division (G) of this	82669
section.	82670

(f) Any other dispute settlement procedure mutually agreed to	82671
by the parties.	82672

(2) If, fifty days before the expiration date of the	82673
collective bargaining agreement, the parties are unable to reach	82674
an agreement, any party may request the state employment relations	82675
board to intervene. The request shall set forth the names and	82676
addresses of the parties, the issues involved, and, if applicable,	82677
the expiration date of any agreement.	82678

The board shall intervene and investigate the dispute to	82679
determine whether the parties have engaged in collective	82680
bargaining.	82681

If an impasse exists or forty-five days before the expiration	82682
date of the collective bargaining agreement if one exists, the	82683
board shall appoint a mediator to assist the parties in the	82684
collective bargaining process.	82685

(3) Any time after the appointment of a mediator, either	82686
party may request the appointment of a fact-finding panel. Within	82687
fifteen days after receipt of a request for a fact-finding panel,	82688
the board shall appoint a fact-finding panel of not more than	82689
three members who have been selected by the parties in accordance	82690
with rules established by the board, from a list of qualified	82691
persons maintained by the board.	82692

(a) The fact-finding panel shall, in accordance with rules	82693
and procedures established by the board that include the	82694
regulation of costs and expenses of fact-finding, gather facts and	82695
make recommendations for the resolution of the matter. The board	82696
shall by its rules require each party to specify in writing the	82697
unresolved issues and its position on each issue to the	82698
fact-finding panel. The fact-finding panel shall make final	82699
recommendations as to all the unresolved issues.	82700

(b) The board may continue mediation, order the parties to	82701
engage in collective bargaining until the expiration date of the	82702
agreement, or both.	82703

(4) The following guidelines apply to fact-finding:

82704

(a) The fact-finding panel may establish times and place of	82705
hearings which shall be, where feasible, in the jurisdiction of	82706
the state.	82707

(b) The fact-finding panel shall conduct the hearing pursuant	82708
to rules established by the board.	82709

(c) Upon request of the fact-finding panel, the board shall	82710
issue subpoenas for hearings conducted by the panel.	82711

(d) The fact-finding panel may administer oaths.

82712

(e) The board shall prescribe guidelines for the fact-finding	82713
panel to follow in making findings. In making its recommendations,	82714
the fact-finding panel shall take into consideration the factors	82715
listed in divisions (G)(7)(a) to (f) of this section.	82716

(f) The fact-finding panel may attempt mediation at any time	82717
during the fact-finding process. From the time of appointment	82718
until the fact-finding panel makes a final recommendation, it	82719
shall not discuss the recommendations for settlement of the	82720
dispute with parties other than the direct parties to the dispute.	82721

(5) The fact-finding panel, acting by a majority of its	82722
members, shall transmit its findings of fact and recommendations	82723
on the unresolved issues to the public employer and employee	82724
organization involved and to the board no later than fourteen days	82725
after the appointment of the fact-finding panel, unless the	82726
parties mutually agree to an extension. The parties shall share	82727
the cost of the fact-finding panel in a manner agreed to by the	82728
parties.	82729

(6)(a) Not later than seven days after the findings and	82730
recommendations are sent, the legislative body, by a three-fifths	82731
vote of its total membership, and in the case of the public	82732
employee organization, the membership, by a three-fifths vote of	82733
the total membership, may reject the recommendations; if neither	82734
rejects the recommendations, the recommendations shall be deemed	82735
agreed upon as the final resolution of the issues submitted and a	82736
collective bargaining agreement shall be executed between the	82737
parties, including the fact-finding panel's recommendations,	82738
except as otherwise modified by the parties by mutual agreement.	82739
If either the legislative body or the public employee organization	82740
rejects the recommendations, the board shall publicize the	82741
findings of fact and recommendations of the fact-finding panel.	82742
The board shall adopt rules governing the procedures and methods	82743
for public employees to vote on the recommendations of the	82744
fact-finding panel.	82745

(b) As used in division (C)(6)(a) of this section,	82746
"legislative body" means the controlling board when the state or	82747
any of its agencies, authorities, commissions, boards, or other	82748
branch of public employment is party to the fact-finding process.	82749

(D) If the parties are unable to reach agreement within seven	82750
days after the publication of findings and recommendations from	82751
the fact-finding panel or the collective bargaining agreement, if	82752
one exists, has expired, then the:	82753

(1) Public employees, who are members of a police or fire	82754
department, members of the state highway patrol, deputy sheriffs,	82755
dispatchers employed by a police, fire, or sheriff's department or	82756
the state highway patrol or civilian dispatchers employed by a	82757
public employer other than a police, fire, or sheriff's department	82758
to dispatch police, fire, sheriff's department, or emergency	82759
medical or rescue personnel and units, an exclusive nurse's unit,	82760
employees of the state school for the deaf or the state school for	82761
the blind, employees of any public employee retirement system,	82762
corrections officers, guards at penal or mental institutions,	82763
special police officers appointed in accordance with sections	82764
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	82765
attendants employed at mental health forensic facilities, youth	82766
leaders employed at juvenile correctional facilities, or members	82767
of a law enforcement security force that is established and	82768
maintained exclusively by a board of county commissioners and	82769
whose members are employed by that board, shall submit the matter	82770
to a final offer settlement procedure pursuant to a board order	82771
issued forthwith to the parties to settle by a conciliator	82772
selected by the parties. The parties shall request from the board	82773
a list of five qualified conciliators and the parties shall select	82774
a single conciliator from the list by alternate striking of names.	82775
If the parties cannot agree upon a conciliator within five days	82776
after the board order, the board shall on the sixth day after its	82777
order appoint a conciliator from a list of qualified persons	82778
maintained by the board or shall request a list of qualified	82779
conciliators from the American arbitration association and appoint	82780
therefrom.	82781

(2) Public employees other than those listed in division	82782
(D)(1) of this section have the right to strike under Chapter	82783
4117. of the Revised Code provided that the employee organization	82784
representing the employees has given a ten-day prior written	82785
notice of an intent to strike to the public employer and to the	82786
board, and further provided that the strike is for full,	82787
consecutive work days and the beginning date of the strike is at	82788
least ten work days after the ending date of the most recent prior	82789
strike involving the same bargaining unit; however, the board, at	82790
its discretion, may attempt mediation at any time.	82791

(E) Nothing in this section shall be construed to prohibit	82792
the parties, at any time, from voluntarily agreeing to submit any	82793
or all of the issues in dispute to any other alternative dispute	82794
settlement procedure. An agreement or statutory requirement to	82795
arbitrate or to settle a dispute pursuant to a final offer	82796
settlement procedure and the award issued in accordance with the	82797
agreement or statutory requirement is enforceable in the same	82798
manner as specified in division (B) of section 4117.09 of the	82799
Revised Code.	82800

(F) Nothing in this section shall be construed to prohibit a	82801
party from seeking enforcement of a collective bargaining	82802
agreement or a conciliator's award as specified in division (B) of	82803
section 4117.09 of the Revised Code.	82804

(G) The following guidelines apply to final offer settlement	82805
proceedings under division (D)(1) of this section:	82806

(1) The parties shall submit to final offer settlement those	82807
issues that are subject to collective bargaining as provided by	82808
section 4117.08 of the Revised Code and upon which the parties	82809
have not reached agreement and other matters mutually agreed to by	82810
the public employer and the exclusive representative; except that	82811
the conciliator may attempt mediation at any time.	82812

(2) The conciliator shall hold a hearing within thirty days	82813
of the board's order to submit to a final offer settlement	82814
procedure, or as soon thereafter as is practicable.	82815

(3) The conciliator shall conduct the hearing pursuant to	82816
rules developed by the board. The conciliator shall establish the	82817
hearing time and place, but it shall be, where feasible, within	82818
the jurisdiction of the state. Not later than five calendar days	82819
before the hearing, each of the parties shall submit to the	82820
conciliator, to the opposing party, and to the board, a written	82821
report summarizing the unresolved issues, the party's final offer	82822
as to the issues, and the rationale for that position.	82823

(4) Upon the request by the conciliator, the board shall	82824
issue subpoenas for the hearing.	82825

(5) The conciliator may administer oaths.

82826

(6) The conciliator shall hear testimony from the parties and	82827
provide for a written record to be made of all statements at the	82828
hearing. The board shall submit for inclusion in the record and	82829
for consideration by the conciliator the written report and	82830
recommendation of the fact-finders.	82831

(7) After hearing, the conciliator shall resolve the dispute	82832
between the parties by selecting, on an issue-by-issue basis, from	82833
between each of the party's final settlement offers, taking into	82834
consideration the following:	82835

(a) Past collectively bargained agreements, if any, between	82836
the parties;	82837

(b) Comparison of the issues submitted to final offer	82838
settlement relative to the employees in the bargaining unit	82839
involved with those issues related to other public and private	82840
employees doing comparable work, giving consideration to factors	82841
peculiar to the area and classification involved;	82842

(c) The interests and welfare of the public, the ability of	82843
the public employer to finance and administer the issues proposed,	82844
and the effect of the adjustments on the normal standard of public	82845
service;	82846

(d) The lawful authority of the public employer;

82847

(e) The stipulations of the parties;

82848

(f) Such other factors, not confined to those listed in this	82849
section, which are normally or traditionally taken into	82850
consideration in the determination of the issues submitted to	82851
final offer settlement through voluntary collective bargaining,	82852
mediation, fact-finding, or other impasse resolution procedures in	82853
the public service or in private employment.	82854

(8) Final offer settlement awards made under Chapter 4117. of	82855
the Revised Code are subject to Chapter 2711. of the Revised Code.	82856

(9) If more than one conciliator is used, the determination	82857
must be by majority vote.	82858

(10) The conciliator shall make written findings of fact and	82859
promulgate a written opinion and order upon the issues presented	82860
to the conciliator, and upon the record made before the	82861
conciliator and shall mail or otherwise deliver a true copy	82862
thereof to the parties and the board.	82863

(11) Increases in rates of compensation and other matters	82864
with cost implications awarded by the conciliator may be effective	82865
only at the start of the fiscal year next commencing after the	82866
date of the final offer settlement award; provided that if a new	82867
fiscal year has commenced since the issuance of the board order to	82868
submit to a final offer settlement procedure, the awarded	82869
increases may be retroactive to the commencement of the new fiscal	82870
year. The parties may, at any time, amend or modify a	82871
conciliator's award or order by mutual agreement.	82872

(12) The parties shall bear equally the cost of the final	82873
offer settlement procedure.	82874

(13) Conciliators appointed pursuant to this section shall be	82875
residents of the state.	82876

(H) All final offer settlement awards and orders of the	82877
conciliator made pursuant to Chapter 4117. of the Revised Code are	82878
subject to review by the court of common pleas having jurisdiction	82879
over the public employer as provided in Chapter 2711. of the	82880
Revised Code. If the public employer is located in more than one	82881
court of common pleas district, the court of common pleas in which	82882
the principal office of the chief executive is located has	82883
jurisdiction.	82884

(I) The issuance of a final offer settlement award	82885
constitutes a binding mandate to the public employer and the	82886
exclusive representative to take whatever actions are necessary to	82887
implement the award.	82888

Sec. 4117.15. (A) Whenever a strike by members of a police	82889
or fire department, members of the state highway patrol, deputy	82890
sheriffs, dispatchers employed by a police, fire, or sheriff's	82891
department or the state highway patrol or civilian dispatchers	82892
employed by a public employer other than a police, fire, or	82893
sheriff's department to dispatch police, fire, sheriff's	82894
department, or emergency medical or rescue personnel and units, an	82895
exclusive nurse's unit, employees of the state school for the deaf	82896
or the state school for the blind, employees of any public	82897
employee retirement system, correction officers, guards at penal	82898
or mental institutions, or special police officers appointed in	82899
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	82900
Revised Code, psychiatric attendants employed at mental health	82901
forensic facilities, youth leaders employed at juvenile	82902
correctional facilities, or members of a law enforcement security	82903
force that is established and maintained exclusively by a board of	82904
county commissioners and whose members are employed by that board,	82905
a strike by other public employees during the pendency of the	82906
settlement procedures set forth in section 4117.14 of the Revised	82907
Code, or a strike during the term or extended term of a collective	82908
bargaining agreement occurs, the public employer may seek an	82909
injunction against the strike in the court of common pleas of the	82910
county in which the strike is located.	82911

(B) An unfair labor practice by a public employer is not a	82912
defense to the injunction proceeding noted in division (A) of this	82913
section. Allegations of unfair labor practices during the	82914
settlement procedures set forth in section 4117.14 of the Revised	82915
Code shall receive priority by the state employment relations	82916
board.	82917

(C) No public employee is entitled to pay or compensation	82918
from the public employer for the period engaged in any strike.	82919

Sec. 4121.44. (A) The administrator of workers' compensation	82920
shall oversee the implementation of the Ohio workers' compensation	82921
qualified health plan system as established under section 4121.442	82922
of the Revised Code.	82923

(B) The administrator shall direct the implementation of the	82924
health partnership program administered by the bureau as set forth	82925
in section 4121.441 of the Revised Code. To implement the health	82926
partnership program and to ensure the efficiency and effectiveness	82927
of the public services provided through the program, the bureau:	82928

(1) Shall certify one or more external vendors, which shall	82929
be known as "managed care organizations," to provide medical	82930
management and cost containment services in the health partnership	82931
program for a period of two years beginning on the date of	82932
certification, consistent with the standards established under	82933
this section;	82934

(2) May recertify ~~external vendors~~managed care organizations	82935
for additional periods of two years; and	82936

(3) May integrate the certified ~~vendors~~managed care	82937
organizations with bureau staff and existing bureau services for	82938
purposes of operation and training to allow the bureau to assume	82939
operation of the health partnership program at the conclusion of	82940
the certification periods set forth in division (B)(1) or (2) of	82941
this section;	82942

(4) May enter into a contract with any managed care	82943
organization that is certified by the bureau, pursuant to division	82944
(B)(1) or (2) of this section, to provide medical management and	82945
cost containment services in the health partnership program.	82946

(C) A contract entered into pursuant to division (B)(4) of	82947
this section shall include both of the following:	82948

(1) Incentives that may be awarded by the administrator, at	82949
the administrator's discretion, based on compliance and	82950
performance of the managed care organization;	82951

(2) Penalties that may be imposed by the administrator, at	82952
the administrator's discretion, based on the failure of the	82953
managed care organization to reasonably comply with or perform	82954
terms of the contract, which may include termination of the	82955
contract.	82956

(D) Notwithstanding section 119.061 of the Revised Code, a	82957
contract entered into pursuant to division (B)(4) of this section	82958
may include provisions limiting, restricting, or regulating any	82959
marketing or advertising by the managed care organization, or by	82960
any individual or entity that is affiliated with or acting on	82961
behalf of the managed care organization, under the health	82962
partnership program.	82963

(E) No managed care organization shall receive compensation	82964
under the health partnership program unless the managed care	82965
organization has entered into a contract with the bureau pursuant	82966
to division (B)(4) of this section.	82967

(F) Any ~~vendor~~managed care organization selected shall	82968
demonstrate all of the following:	82969

(1) Arrangements and reimbursement agreements with a	82970
substantial number of the medical, professional and pharmacy	82971
providers currently being utilized by claimants.	82972

(2) Ability to accept a common format of medical bill data in	82973
an electronic fashion from any provider who wishes to submit	82974
medical bill data in that form.	82975

(3) A computer system able to handle the volume of medical	82976
bills and willingness to customize that system to the bureau's	82977
needs and to be operated by the ~~vendor's~~managed care	82978
organization's staff, bureau staff, or some combination of both	82979
staffs.	82980

(4) A prescription drug system where pharmacies on a	82981
statewide basis have access to the eligibility and pricing, at a	82982
discounted rate, of all prescription drugs.	82983

(5) A tracking system to record all telephone calls from	82984
claimants and providers regarding the status of submitted medical	82985
bills so as to be able to track each inquiry.	82986

(6) Data processing capacity to absorb all of the bureau's	82987
medical bill processing or at least that part of the processing	82988
which the bureau arranges to delegate.	82989

(7) Capacity to store, retrieve, array, simulate, and model	82990
in a relational mode all of the detailed medical bill data so that	82991
analysis can be performed in a variety of ways and so that the	82992
bureau and its governing authority can make informed decisions.	82993

(8) Wide variety of software programs which translate medical	82994
terminology into standard codes, and which reveal if a provider is	82995
manipulating the procedures codes, commonly called "unbundling."	82996

(9) Necessary professional staff to conduct, at a minimum,	82997
authorizations for treatment, medical necessity, utilization	82998
review, concurrent review, post-utilization review, and have the	82999
attendant computer system which supports such activity and	83000
measures the outcomes and the savings.	83001

(10) Management experience and flexibility to be able to	83002
react quickly to the needs of the bureau in the case of required	83003
change in federal or state requirements.	83004

~~(D)~~(G)(1) The administrator may decertify a managed care	83005
organization if the managed care organization does any of the	83006
following:	83007

(a) Fails to maintain any of the requirements set forth in	83008
division (F) of this section;	83009

(b) Fails to reasonably comply with or to perform in	83010
accordance with the terms of a contract entered into under	83011
division (B)(4) of this section;	83012

(c) Violates a rule adopted under section 4121.441 of the	83013
Revised Code.	83014

(2) The administrator shall provide each managed care	83015
organization that is being decertified pursuant to division (G)(1)	83016
of this section with written notice of the pending decertification	83017
and an opportunity for a hearing pursuant to rules adopted by the	83018
administrator.	83019

(H)(1) Information contained in a ~~vendor's~~managed care	83020
organization's application for certification in the health	83021
partnership program, and other information furnished to the bureau	83022
by a ~~vendor~~managed care organization for purposes of obtaining	83023
certification or to comply with performance and financial auditing	83024
requirements established by the administrator, is for the	83025
exclusive use and information of the bureau in the discharge of	83026
its official duties, and shall not be open to the public or be	83027
used in any court in any proceeding pending therein, unless the	83028
bureau is a party to the action or proceeding, but the information	83029
may be tabulated and published by the bureau in statistical form	83030
for the use and information of other state departments and the	83031
public. No employee of the bureau, except as otherwise authorized	83032
by the administrator, shall divulge any information secured by the	83033
employee while in the employ of the bureau in respect to a	83034
~~vendor's~~managed care organization's application for certification	83035
or in respect to the business or other trade processes of any	83036
~~vendor~~managed care organization to any person other than the	83037
administrator or to the employee's superior.	83038

(2) Notwithstanding the restrictions imposed by division	83039
~~(D)~~(H)(1) of this section, the governor, members of select or	83040
standing committees of the senate or house of representatives, the	83041
auditor of state, the attorney general, or their designees,	83042
pursuant to the authority granted in this chapter and Chapter	83043
4123. of the Revised Code, may examine any ~~vendor~~managed care	83044
organization application or other information furnished to the	83045
bureau by the ~~vendor~~managed care organization. None of those	83046
individuals shall divulge any information secured in the exercise	83047
of that authority in respect to a ~~vendor's~~managed care	83048
organization's application for certification or in respect to the	83049
business or other trade processes of any ~~vendor~~managed care	83050
organization to any person.	83051

~~(E)~~(I) On and after January 1, 2001, a ~~vendor~~managed care	83052
organization shall not be ~~any~~an insurance company holding a	83053
certificate of authority issued pursuant to Title XXXIX of the	83054
Revised Code or ~~any~~a health insuring corporation holding a	83055
certificate of authority under Chapter 1751. of the Revised Code.	83056

~~(F)~~(J) The administrator may limit freedom of choice of	83057
health care provider or supplier by requiring, beginning with the	83058
period set forth in division (B)(1) or (2) of this section, that	83059
claimants shall pay an appropriate out-of-plan copayment for	83060
selecting a medical provider not within the health partnership	83061
program as provided for in this section.	83062

~~(G)~~(K) The administrator, six months prior to the expiration	83063
of the bureau's certification or recertification of the ~~vendor or~~	83064
~~vendors~~managed care organizations as set forth in division (B)(1)	83065
or (2) of this section, may certify and provide evidence to the	83066
governor, the speaker of the house of representatives, and the	83067
president of the senate that the existing bureau staff is able to	83068
match or exceed the performance and outcomes of the ~~external~~	83069
~~vendor or vendors~~managed care organizations and that the bureau	83070
should be permitted to internally administer the health	83071
partnership program upon the expiration of the certification or	83072
recertification as set forth in division (B)(1) or (2) of this	83073
section.	83074

~~(H)~~(L) The administrator shall establish and operate a bureau	83075
of workers' compensation health care data program. The	83076
administrator shall develop reporting requirements from all	83077
employees, employers ~~and~~, medical providers, ~~medical vendors~~	83078
managed care organizations, and plans that participate in the	83079
workers' compensation system. The administrator shall do all of	83080
the following:	83081

(1) Utilize the collected data to measure and perform	83082
comparison analyses of costs, quality, appropriateness of medical	83083
care, and effectiveness of medical care delivered by all	83084
components of the workers' compensation system.	83085

(2) Compile data to support activities of the selected ~~vendor~~	83086
~~or vendors~~managed care organizations and to measure the outcomes	83087
and savings of the health partnership program.	83088

(3) Publish and report compiled data on the measures of	83089
outcomes and savings of the health partnership program and submit	83090
the report to the president of the senate, the speaker of the	83091
house of representatives, and the governor with the annual report	83092
prepared under division (F)(3) of section 4121.12 of the Revised	83093
Code. The administrator shall protect the confidentiality of all	83094
proprietary pricing data.	83095

~~(I)~~(M) Any rehabilitation facility the bureau operates is	83096
eligible for inclusion in the Ohio workers' compensation qualified	83097
health plan system or the health partnership program under the	83098
same terms as other providers within health care plans or the	83099
program.	83100

~~(J)~~(N) In areas outside the state or within the state where	83101
no qualified health plan or an inadequate number of providers	83102
within the health partnership program exist, the administrator	83103
shall permit employees to use a nonplan or nonprogram health care	83104
provider and shall pay the provider for the services or supplies	83105
provided to or on behalf of an employee for an injury or	83106
occupational disease that is compensable under this chapter or	83107
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	83108
schedule the administrator adopts.	83109

~~(K)~~(O) No health care provider, whether certified or not,	83110
shall charge, assess, or otherwise attempt to collect from an	83111
employee, employer, a managed care organization, or the bureau any	83112
amount for covered services or supplies that is in excess of the	83113
allowed amount paid by a managed care organization, the bureau, or	83114
a qualified health plan.	83115

~~(L)~~(P) The administrator shall permit any employer or group	83116
of employers who agree to abide by the rules adopted under this	83117
section and sections 4121.441 and 4121.442 of the Revised Code to	83118
provide services or supplies to or on behalf of an employee for an	83119
injury or occupational disease that is compensable under this	83120
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	83121
through qualified health plans of the Ohio workers' compensation	83122
qualified health plan system pursuant to section 4121.442 of the	83123
Revised Code or through the health partnership program pursuant to	83124
section 4121.441 of the Revised Code. No amount paid under the	83125
qualified health plan system pursuant to section 4121.442 of the	83126
Revised Code by an employer who is a state fund employer shall be	83127
charged to the employer's experience or otherwise be used in	83128
merit-rating or determining the risk of that employer for the	83129
purpose of the payment of premiums under this chapter, and if the	83130
employer is a self-insuring employer, the employer shall not	83131
include that amount in the paid compensation the employer reports	83132
under section 4123.35 of the Revised Code.	83133

Sec. 4121.441. (A) The administrator of workers'	83134
compensation, with the advice and consent of the bureau of	83135
workers' compensation board of directors, shall adopt rules under	83136
Chapter 119. of the Revised Code for the health care partnership	83137
program administered by the bureau of workers' compensation to	83138
provide medical, surgical, nursing, drug, hospital, and	83139
rehabilitation services and supplies to an employee for an injury	83140
or occupational disease that is compensable under this chapter or	83141
Chapter 4123., 4127., or 4131. of the Revised Code, and to	83142
regulate contracts with managed care organizations pursuant to	83143
this chapter.	83144

(1) The rules shall include, but are not limited to, the	83145
following:	83146

~~(1)~~(a) Procedures for the resolution of medical disputes	83147
between an employer and an employee, an employee and a provider,	83148
or an employer and a provider, prior to an appeal under section	83149
4123.511 of the Revised Code. Rules the administrator adopts	83150
pursuant to division (A)(1)(a) of this section may specify that	83151
the resolution procedures shall not be used to resolve disputes	83152
concerning medical services rendered that have been approved	83153
through standard treatment guidelines, pathways, or presumptive	83154
authorization guidelines.	83155

~~(2)~~(b) Prohibitions against discrimination against any	83156
category of health care providers;	83157

~~(3)~~(c) Procedures for reporting injuries to employers and the	83158
bureau by providers;	83159

~~(4)~~(d) Appropriate financial incentives to reduce service	83160
cost and insure proper system utilization without sacrificing the	83161
quality of service;	83162

~~(5)~~(e) Adequate methods of peer review, utilization review,	83163
quality assurance, and dispute resolution to prevent, and provide	83164
sanctions for, inappropriate, excessive or not medically necessary	83165
treatment;	83166

~~(6)~~(f) A timely and accurate method of collection of	83167
necessary information regarding medical and health care service	83168
and supply costs, quality, and utilization to enable the	83169
administrator to determine the effectiveness of the program;	83170

~~(7)~~(g) Provisions for necessary emergency medical treatment	83171
for an injury or occupational disease provided by a health care	83172
provider who is not part of the program;	83173

~~(8)~~(h) Discounted pricing for all in-patient and out-patient	83174
medical services, all professional services, and all	83175
pharmaceutical services;	83176

~~(9)~~(i) Provisions for provider referrals, pre-admission and	83177
post-admission approvals, second surgical opinions, and other cost	83178
management techniques;	83179

~~(10)~~(j) Antifraud mechanisms;

83180

~~(11)~~(k) Standards and criteria for the bureau to utilize in	83181
certifying or recertifying a health care provider or a ~~vendor~~	83182
managed care organization for participation in the health	83183
partnership program;	83184

~~(12)~~(l) Standards ~~and criteria~~ for the bureau to utilize in	83185
penalizing or decertifying a health care provider ~~or a vendor~~ from	83186
participation in the health partnership program.	83187

(2) Notwithstanding section 119.061 of the Revised Code, the	83188
rules may include provisions limiting, restricting, or regulating	83189
any marketing or advertising by a managed care organization, or by	83190
any individual or entity that is affiliated with or acting on	83191
behalf of the managed care organization, under the health	83192
partnership program.	83193

(B) The administrator shall implement the health partnership	83194
program according to the rules the administrator adopts under this	83195
section for the provision and payment of medical, surgical,	83196
nursing, drug, hospital, and rehabilitation services and supplies	83197
to an employee for an injury or occupational disease that is	83198
compensable under this chapter or Chapter 4123., 4127., or 4131.	83199
of the Revised Code."	83200

Sec. 4121.50. Not later than July 1, 2012, the administrator	83201
of workers' compensation shall adopt rules in accordance with	83202
Chapter 119. of the Revised Code to implement a coordinated	83203
services program for claimants under this chapter or Chapter	83204
4123., 4127., or 4131. of the Revised Code who are found to have	83205
obtained prescription drugs that were reimbursed pursuant to an	83206
order of the administrator or of the industrial commission or by a	83207
self-insuring employer but were obtained at a frequency or in an	83208
amount that is not medically necessary. The program shall be	83209
implemented in a manner that is substantially similar to the	83210
coordinated services programs established for the medicaid program	83211
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	83212
the Revised Code.	83213

Sec. 4121.69. (A) The administrator of workers' compensation	83214
may establish compensation plans, including schedules of hourly	83215
rates, for the compensation of professional, administrative, and	83216
managerial employees who are employed to fulfill the duties placed	83217
upon the bureau of workers' compensation pursuant to sections	83218
4121.61 to 4121.69 of the Revised Code. The administrator may	83219
establish rules or policies for the administration of the	83220
respective compensation plans.	83221

This division does not apply to employees for whom the state	83222
employment relations board establishes appropriate bargaining	83223
units pursuant to section 4117.06 of the Revised Code.	83224

(B) The administrator may employ the services and resources	83225
of any public entity or private person, business, or association	83226
in fulfilling the duties placed upon the bureau of workers'	83227
compensation by sections 4121.61 to 4121.69 of the Revised Code.	83228
The ~~rehabilitation services commission~~opportunities for Ohioans	83229
with disabilities agency, the director of job and family services,	83230
and any other public officer, employee, or agency shall give to	83231
the bureau of workers' compensation full cooperation and, at the	83232
request of the administrator, enter into a written agreement	83233
stating the procedures and criteria for referring, accepting, and	83234
providing services to claimants in the job placement and	83235
rehabilitation efforts of the bureau of workers' compensation on	83236
behalf of a claimant when referred by the bureau of workers'	83237
compensation.	83238

(C) In appropriate cases, the bureau may refer a candidate to	83239
the ~~rehabilitation services commission~~opportunities for Ohioans	83240
with disabilities agency for participation in a program of the	83241
~~commission~~agency. For that purpose, the bureau of workers'	83242
compensation shall compensate the ~~commission~~agency for the	83243
nonfederal portion of its services.	83244

Sec. 4123.32. The administrator of workers' compensation,	83245
with the advice and consent of the bureau of workers' compensation	83246
board of directors, shall adopt rules with respect to the	83247
collection, maintenance, and disbursements of the state insurance	83248
fund including all of the following:	83249

(A) A rule providing that the premium security deposit	83250
collected from any employer entitles the employer to the benefits	83251
of this chapter for the remainder of the six months and also for	83252
an additional adjustment period of two months, and, thereafter, if	83253
the employer pays the premium due at the close of any six-month	83254
period, coverage shall be extended for an additional eight-month	83255
period beginning from the end of the six-month period for which	83256
the employer pays the premium due;	83257

(B) A rule providing for ascertaining the correctness of any	83258
employer's report of estimated or actual expenditure of wages and	83259
the determination and adjustment of proper premiums and the	83260
payment of those premiums by the employer for or during any period	83261
less than eight months and notwithstanding any payment or	83262
determination of premium made when exceptional conditions or	83263
circumstances in the judgment of the administrator justify the	83264
action;	83265

(C) Such special rules as the administrator considers	83266
necessary to safeguard the fund and that are just in the	83267
circumstances, covering the rates to be applied where one employer	83268
takes over the occupation or industry of another or where an	83269
employer first makes application for state insurance, and the	83270
administrator may require that if any employer transfers a	83271
business in whole or in part or otherwise reorganizes the	83272
business, the successor in interest shall assume, in proportion to	83273
the extent of the transfer, as determined by the administrator,	83274
the employer's account and shall continue the payment of all	83275
contributions due under this chapter;	83276

(D) A rule providing that an employer who employs an employee	83277
covered under the federal "Longshore and Harbor Workers'	83278
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	83279
chapter and Chapter 4121. of the Revised Code shall be assessed a	83280
premium in accordance with the expenditure of wages, payroll, or	83281
both attributable to only labor performed and services provided by	83282
such an employee when the employee performs labor and provides	83283
services for which the employee is not eligible to receive	83284
compensation and benefits under that federal act.	83285

(E) A rule providing for all of the following:

83286

(1) If, within two months immediately after the expiration of	83287
the six-month period, an employer fails to file a report of the	83288
employer's actual payroll expenditures for the period, the premium	83289
found to be due from the employer for the period shall be	83290
increased in an amount equal to one per cent of the premium, but	83291
the increase shall not be less than three nor more than fifteen	83292
dollars;	83293

(2) The premium determined by the administrator to be due	83294
from an employer shall be payable on or before the end of the	83295
coverage period established by the premium security deposit, or	83296
within the time specified by the administrator if the period for	83297
which the advance premium has been paid is less than eight months.	83298
If an employer fails to pay the premium when due, the	83299
administrator may add a late fee penalty of not more than thirty	83300
dollars to the premium plus an additional penalty amount as	83301
follows:	83302

(a) For a premium from sixty-one to ninety days past due, the	83303
prime interest rate, multiplied by the premium due;	83304

(b) For a premium from ninety-one to one hundred twenty days	83305
past due, the prime interest rate plus two per cent, multiplied by	83306
the premium due;	83307

(c) For a premium from one hundred twenty-one to one hundred	83308
fifty days past due, the prime interest rate plus four per cent,	83309
multiplied by the premium due;	83310

(d) For a premium from one hundred fifty-one to one hundred	83311
eighty days past due, the prime interest rate plus six per cent,	83312
multiplied by the premium due;	83313

(e) For a premium from one hundred eighty-one to two hundred	83314
ten days past due, the prime interest rate plus eight per cent,	83315
multiplied by the premium due;	83316

(f) For each additional thirty-day period or portion thereof	83317
that a premium remains past due after it has remained past due for	83318
more than two hundred ten days, the prime interest rate plus eight	83319
per cent, multiplied by the premium due.	83320

(3) Notwithstanding the interest rates specified in division	83321
(E)(2) of this section, at no time shall the additional penalty	83322
amount assessed under division (E)(2) of this section exceed	83323
fifteen per cent of the premium due.	83324

(4) An employer may appeal a late fee penalty or additional	83325
penalty to an adjudicating committee pursuant to section 4123.291	83326
of the Revised Code.	83327

For purposes of division (E) of this section, "prime interest	83328
rate" means the average bank prime rate, and the administrator	83329
shall determine the prime interest rate in the same manner as a	83330
county auditor determines the average bank prime rate under	83331
section 929.02 of the Revised Code.	83332

(5) If the employer files an appropriate payroll report,	83333
within the time provided by law or within the time specified by	83334
the administrator if the period for which the employer paid an	83335
estimated premium is less than eight months, the employer shall	83336
not be in default and division (E)(2) of this section shall not	83337
apply if the employer pays the premiums within fifteen days after	83338
being first notified by the administrator of the amount due.	83339

(6) Any deficiencies in the amounts of the premium security	83340
deposit paid by an employer for any period shall be subject to an	83341
interest charge of six per cent per annum from the date the	83342
premium obligation is incurred. In determining the interest due on	83343
deficiencies in premium security deposit payments, a charge in	83344
each case shall be made against the employer in an amount equal to	83345
interest at the rate of six per cent per annum on the premium	83346
security deposit due but remaining unpaid sixty days after notice	83347
by the administrator.	83348

(7) Any interest charges or penalties provided for in	83349
divisions (E)(2) and (6) of this section shall be credited to the	83350
employer's account for rating purposes in the same manner as	83351
premiums.	83352

(F) A rule providing that each employer, on the occasion of	83353
instituting coverage under this chapter, shall submit a premium	83354
security deposit. The deposit shall be calculated equivalent to	83355
thirty per cent of the semiannual premium obligation of the	83356
employer based upon the employer's estimated expenditure for wages	83357
for the ensuing six-month period plus thirty per cent of an	83358
additional adjustment period of two months but only up to a	83359
maximum of one thousand dollars and not less than ten dollars. The	83360
administrator shall review the security deposit of every employer	83361
who has submitted a deposit which is less than the	83362
one-thousand-dollar maximum. The administrator may require any	83363
such employer to submit additional money up to the maximum of one	83364
thousand dollars that, in the administrator's opinion, reflects	83365
the employer's current payroll expenditure for an eight-month	83366
period.	83367

(G) A rule providing that each employer, on the occasion of	83368
instituting coverage under this chapter, shall submit an	83369
application for coverage that completely provides all of the	83370
information required for the administrator to establish coverage	83371
for that employer, and that the employer's failure to provide all	83372
of the information completely may be grounds for the administrator	83373
to deny coverage for that employer.	83374

(H) A rule providing that, in addition to any other remedies	83375
permitted in this chapter, the administrator may discontinue an	83376
employer's coverage if the employer fails to pay the premium due	83377
on or before the premium's due date.	83378

(I) A rule providing that if after a final adjudication it is	83379
determined that an employer has failed to pay an obligation,	83380
billing, account, or assessment that is greater than one thousand	83381
dollars on or before its due date, the administrator may	83382
discontinue the employer's coverage in addition to any other	83383
remedies permitted in this chapter, and that the administrator	83384
shall not discontinue an employer's coverage pursuant to this	83385
division prior to a final adjudication regarding the employer's	83386
failure to pay such obligation, billing, account, or assessment on	83387
or before its due date.	83388

(J) As used in divisions (H) and (I) of this section:

83389

(1) "Employer" has the same meaning as in division (B) of	83390
section 4123.01 of the Revised Code except that "employer" does	83391
not include the state, a state hospital, or a state university or	83392
college.	83393

(2) "State university or college" has the same meaning as in	83394
section 3345.12 of the Revised Code and also includes the Ohio	83395
agricultural research and development center and ~~the Ohio state~~	83396
~~university cooperative~~OSU extension ~~service~~.	83397

(3) "State hospital" means the Ohio state university hospital	83398
and its ancillary facilities and the medical university of Ohio at	83399
Toledo hospital.	83400

Sec. 4123.322. (A) Notwithstanding any provision to the	83401
contrary in section 4123.32 or 4123.41 of the Revised Code, the	83402
administrator of workers' compensation, with the advice and	83403
consent of the bureau of workers' compensation board of directors,	83404
may adopt rules with respect to the collection, maintenance, and	83405
disbursements of the state insurance fund to provide for a system	83406
of prospective payment of workers' compensation premiums. If the	83407
administrator elects to adopt rules establishing a prospective	83408
payment system, those rules shall include all of the following:	83409

(1) A requirement that, notwithstanding section 4123.26 of	83410
the Revised Code, on or before the thirtieth day of June of each	83411
year, or such other date as the administrator establishes, every	83412
employer mentioned in division (B)(2) of section 4123.01 of the	83413
Revised Code shall file with the bureau of workers' compensation	83414
an estimate of the employer's payroll for the immediately	83415
following twelve-month period or other period as the administrator	83416
establishes;	83417

(2) A requirement that upon an initial application for	83418
coverage, an employer mentioned in division (B)(2) of section	83419
4123.01 of the Revised Code shall file with the application an	83420
estimate of the employer's payroll for the unexpired period from	83421
the date of application to the period ending on the following	83422
thirtieth day of June or other date as established by the	83423
administrator pursuant to division (A)(1) of this section, and	83424
shall pay the amount the administrator determines by rule in order	83425
to establish coverage for the employer as described in division	83426
(B)(12) of section 4121.121 of the Revised Code;	83427

(3) A requirement that, notwithstanding section 4123.26 or	83428
4123.41 of the Revised Code, on or before the first day of January	83429
of each year, or such other date as the administrator establishes,	83430
every employer mentioned in division (B)(1) of section 4123.01 of	83431
the Revised Code, except for a state agency or a state university	83432
or college, shall file with the bureau an estimate of the	83433
employer's payroll for the immediately following twelve-month	83434
period or other period as the administrator establishes;	83435

(4) A requirement that upon an initial application for	83436
coverage, an employer mentioned in division (B)(1) of section	83437
4123.01 of the Revised Code, except for a state agency or state	83438
university or college, shall file with the application an estimate	83439
of the employer's payroll for the unexpired period from the date	83440
of application to the period ending on the following thirty-first	83441
day of December or other date as established by the administrator	83442
pursuant to division (A)(3) of this section, and shall pay the	83443
amount the administrator determines by rule in order to establish	83444
coverage for the employer as described in division (B)(12) of	83445
section 4121.121 of the Revised Code;	83446

(5) The assessment of a penalty if an employer fails to	83447
timely file the estimates of payroll required by the rules adopted	83448
pursuant to this section;	83449

(6) A requirement that an employer complete periodic payroll	83450
reports of actual expenditures for previous coverage periods for	83451
reconciliation with estimated payroll reports;	83452

(7) The assessment of a penalty for late payroll	83453
reconciliation reports and for late payment of any reconciliation	83454
premium;	83455

(8) The establishment of a transition period during which	83456
time the bureau shall determine the adequacy of existing premium	83457
security deposits of employers, the establishment of provisions	83458
for additional premium payments during that transition, the	83459
provision of a credit of those deposits toward the first premium	83460
due from an employer under the rules adopted under divisions	83461
(A)(1) to (7) of this section, and the establishment of penalties	83462
for late payment or failure to comply with the rules.	83463

(B) For purposes of division (A)(6) of this section, an	83464
employer shall make timely payment of any premium owed when actual	83465
payroll expenditures exceeded estimated payroll, and the employer	83466
shall receive premium credit when the estimated payroll exceeded	83467
the actual payroll.	83468

(C) For purposes of division (A)(7) of this section, if the	83469
employer's actual payroll substantially exceeds the estimated	83470
payroll, the administrator may assess additional penalties	83471
specified in rules the administrator adopts on the reconciliation	83472
premium.	83473

(D) As used in this section, "state university or college"	83474
has the same meaning as in section 4123.32 of the Revised Code.	83475

Sec. 4123.35. (A) Except as provided in this section, every	83476
employer mentioned in division (B)(2) of section 4123.01 of the	83477
Revised Code, and every publicly owned utility shall pay	83478
semiannually in the months of January and July into the state	83479
insurance fund the amount of annual premium the administrator of	83480
workers' compensation fixes for the employment or occupation of	83481
the employer, the amount of which premium to be paid by each	83482
employer to be determined by the classifications, rules, and rates	83483
made and published by the administrator. The employer shall pay	83484
semiannually a further sum of money into the state insurance fund	83485
as may be ascertained to be due from the employer by applying the	83486
rules of the administrator, and a receipt or certificate	83487
certifying that payment has been made, along with a written notice	83488
as is required in section 4123.54 of the Revised Code, shall be	83489
mailed immediately to the employer by the bureau of workers'	83490
compensation. The receipt or certificate is prima-facie evidence	83491
of the payment of the premium, and the proper posting of the	83492
notice constitutes the employer's compliance with the notice	83493
requirement mandated in section 4123.54 of the Revised Code.	83494

If the administrator adopts rules to establish a prospective	83495
payment of premium under section 4123.322 of the Revised Code,	83496
every employer mentioned in division (B)(2) of section 4123.01 of	83497
the Revised Code and every publicly owned utility shall pay into	83498
the state insurance fund the amount of premium the administrator	83499
fixes for the employment or occupation of the employer, the amount	83500
of which premium to be paid by each employer to be determined by	83501
the classifications, rules, and rates made and published by the	83502
administrator and based upon the estimates and reconciliations	83503
required by the rules the administrator adopts under section	83504
4123.322 of the Revised Code.	83505

The bureau of workers' compensation shall verify with the	83506
secretary of state the existence of all corporations and	83507
organizations making application for workers' compensation	83508
coverage and shall require every such application to include the	83509
employer's federal identification number.	83510

An employer as defined in division (B)(2) of section 4123.01	83511
of the Revised Code who has contracted with a subcontractor is	83512
liable for the unpaid premium due from any subcontractor with	83513
respect to that part of the payroll of the subcontractor that is	83514
for work performed pursuant to the contract with the employer.	83515

Division (A) of this section providing for the payment of	83516
premiums semiannually does not apply to any employer who was a	83517
subscriber to the state insurance fund prior to January 1, 1914,	83518
or who may first become a subscriber to the fund in any month	83519
other than January or July. Instead, the semiannual premiums shall	83520
be paid by those employers from time to time upon the expiration	83521
of the respective periods for which payments into the fund have	83522
been made by them.	83523

The administrator shall adopt rules to permit employers to	83524
make periodic payments of the semiannual premium due under this	83525
division. The rules shall include provisions for the assessment of	83526
interest charges, where appropriate, and for the assessment of	83527
penalties when an employer fails to make timely premium payments.	83528
An employer who timely pays the amounts due under this division is	83529
entitled to all of the benefits and protections of this chapter.	83530
Upon receipt of payment, the bureau immediately shall mail a	83531
receipt or certificate to the employer certifying that payment has	83532
been made, which receipt is prima-facie evidence of payment.	83533
Workers' compensation coverage under this chapter continues	83534
uninterrupted upon timely receipt of payment under this division.	83535

Every public employer, except public employers that are	83536
self-insuring employers under this section, shall comply with	83537
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	83538
regard to the contribution of moneys to the public insurance fund.	83539

(B) Employers who will abide by the rules of the	83540
administrator and who may be of sufficient financial ability to	83541
render certain the payment of compensation to injured employees or	83542
the dependents of killed employees, and the furnishing of medical,	83543
surgical, nursing, and hospital attention and services and	83544
medicines, and funeral expenses, equal to or greater than is	83545
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	83546
to 4123.67 of the Revised Code, and who do not desire to insure	83547
the payment thereof or indemnify themselves against loss sustained	83548
by the direct payment thereof, upon a finding of such facts by the	83549
administrator, may be granted the privilege to pay individually	83550
compensation, and furnish medical, surgical, nursing, and hospital	83551
services and attention and funeral expenses directly to injured	83552
employees or the dependents of killed employees, thereby being	83553
granted status as a self-insuring employer. The administrator may	83554
charge employers who apply for the status as a self-insuring	83555
employer a reasonable application fee to cover the bureau's costs	83556
in connection with processing and making a determination with	83557
respect to an application.	83558

All employers granted status as self-insuring employers shall	83559
demonstrate sufficient financial and administrative ability to	83560
assure that all obligations under this section are promptly met.	83561
The administrator shall deny the privilege where the employer is	83562
unable to demonstrate the employer's ability to promptly meet all	83563
the obligations imposed on the employer by this section.	83564

(1) The administrator shall consider, but is not limited to,	83565
the following factors, where applicable, in determining the	83566
employer's ability to meet all of the obligations imposed on the	83567
employer by this section:	83568

(a) The employer employs a minimum of five hundred employees	83569
in this state;	83570

(b) The employer has operated in this state for a minimum of	83571
two years, provided that an employer who has purchased, acquired,	83572
or otherwise succeeded to the operation of a business, or any part	83573
thereof, situated in this state that has operated for at least two	83574
years in this state, also shall qualify;	83575

(c) Where the employer previously contributed to the state	83576
insurance fund or is a successor employer as defined by bureau	83577
rules, the amount of the buyout, as defined by bureau rules;	83578

(d) The sufficiency of the employer's assets located in this	83579
state to insure the employer's solvency in paying compensation	83580
directly;	83581

(e) The financial records, documents, and data, certified by	83582
a certified public accountant, necessary to provide the employer's	83583
full financial disclosure. The records, documents, and data	83584
include, but are not limited to, balance sheets and profit and	83585
loss history for the current year and previous four years.	83586

(f) The employer's organizational plan for the administration	83587
of the workers' compensation law;	83588

(g) The employer's proposed plan to inform employees of the	83589
change from a state fund insurer to a self-insuring employer, the	83590
procedures the employer will follow as a self-insuring employer,	83591
and the employees' rights to compensation and benefits; and	83592

(h) The employer has either an account in a financial	83593
institution in this state, or if the employer maintains an account	83594
with a financial institution outside this state, ensures that	83595
workers' compensation checks are drawn from the same account as	83596
payroll checks or the employer clearly indicates that payment will	83597
be honored by a financial institution in this state.	83598

The administrator may waive the requirements of divisions	83599
(B)(1)(a) and (b) of this section and the requirement of division	83600
(B)(1)(e) of this section that the financial records, documents,	83601
and data be certified by a certified public accountant. The	83602
administrator shall adopt rules establishing the criteria that an	83603
employer shall meet in order for the administrator to waive the	83604
~~requirement~~requirements of ~~division~~divisions (B)(1)(a), (b), and	83605
(e) of this section. Such rules may require additional security of	83606
that employer pursuant to division (E) of section 4123.351 of the	83607
Revised Code.	83608

The administrator shall not grant the status of self-insuring	83609
employer to the state, except that the administrator may grant the	83610
status of self-insuring employer to a state institution of higher	83611
education, including its hospitals, that meets the requirements of	83612
division (B)(2) of this section.	83613

(2) When considering the application of a public employer,	83614
except for a board of county commissioners described in division	83615
(G) of section 4123.01 of the Revised Code, a board of a county	83616
hospital, or a publicly owned utility, the administrator shall	83617
verify that the public employer satisfies all of the following	83618
requirements as the requirements apply to that public employer:	83619

(a) For the two-year period preceding application under this	83620
section, the public employer has maintained an unvoted debt	83621
capacity equal to at least two times the amount of the current	83622
annual premium established by the administrator under this chapter	83623
for that public employer for the year immediately preceding the	83624
year in which the public employer makes application under this	83625
section.	83626

(b) For each of the two fiscal years preceding application	83627
under this section, the unreserved and undesignated year-end fund	83628
balance in the public employer's general fund is equal to at least	83629
five per cent of the public employer's general fund revenues for	83630
the fiscal year computed in accordance with generally accepted	83631
accounting principles.	83632

(c) For the five-year period preceding application under this	83633
section, the public employer, to the extent applicable, has	83634
complied fully with the continuing disclosure requirements	83635
established in rules adopted by the United States securities and	83636
exchange commission under 17 C.F.R. 240.15c 2-12.	83637

(d) For the five-year period preceding application under this	83638
section, the public employer has not had its local government fund	83639
distribution withheld on account of the public employer being	83640
indebted or otherwise obligated to the state.	83641

(e) For the five-year period preceding application under this	83642
section, the public employer has not been under a fiscal watch or	83643
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	83644
of the Revised Code.	83645

(f) For the public employer's fiscal year preceding	83646
application under this section, the public employer has obtained	83647
an annual financial audit as required under section 117.10 of the	83648
Revised Code, which has been released by the auditor of state	83649
within seven months after the end of the public employer's fiscal	83650
year.	83651

(g) On the date of application, the public employer holds a	83652
debt rating of Aa3 or higher according to Moody's investors	83653
service, inc., or a comparable rating by an independent rating	83654
agency similar to Moody's investors service, inc.	83655

(h) The public employer agrees to generate an annual	83656
accumulating book reserve in its financial statements reflecting	83657
an actuarially generated reserve adequate to pay projected claims	83658
under this chapter for the applicable period of time, as	83659
determined by the administrator.	83660

(i) For a public employer that is a hospital, the public	83661
employer shall submit audited financial statements showing the	83662
hospital's overall liquidity characteristics, and the	83663
administrator shall determine, on an individual basis, whether the	83664
public employer satisfies liquidity standards equivalent to the	83665
liquidity standards of other public employers.	83666

(j) Any additional criteria that the administrator adopts by	83667
rule pursuant to division (E) of this section.	83668

The administrator may adopt rules establishing the criteria	83669
that a public employer shall satisfy in order for the	83670
administrator to waive any of the requirements listed in divisions	83671
(B)(2)(a) to (j) of this section. The rules may require additional	83672
security from that employer pursuant to division (E) of section	83673
4123.351 of the Revised Code. The administrator shall not waive	83674
any of the requirements listed in divisions (B)(2)(a) to (j) of	83675
this section for a public employer who does not satisfy the	83676
criteria established in the rules the administrator adopts.	83677

(C) A board of county commissioners described in division (G)	83678
of section 4123.01 of the Revised Code, as an employer, that will	83679
abide by the rules of the administrator and that may be of	83680
sufficient financial ability to render certain the payment of	83681
compensation to injured employees or the dependents of killed	83682
employees, and the furnishing of medical, surgical, nursing, and	83683
hospital attention and services and medicines, and funeral	83684
expenses, equal to or greater than is provided for in sections	83685
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	83686
Code, and that does not desire to insure the payment thereof or	83687
indemnify itself against loss sustained by the direct payment	83688
thereof, upon a finding of such facts by the administrator, may be	83689
granted the privilege to pay individually compensation, and	83690
furnish medical, surgical, nursing, and hospital services and	83691
attention and funeral expenses directly to injured employees or	83692
the dependents of killed employees, thereby being granted status	83693
as a self-insuring employer. The administrator may charge a board	83694
of county commissioners described in division (G) of section	83695
4123.01 of the Revised Code that applies for the status as a	83696
self-insuring employer a reasonable application fee to cover the	83697
bureau's costs in connection with processing and making a	83698
determination with respect to an application. All employers	83699
granted such status shall demonstrate sufficient financial and	83700
administrative ability to assure that all obligations under this	83701
section are promptly met. The administrator shall deny the	83702
privilege where the employer is unable to demonstrate the	83703
employer's ability to promptly meet all the obligations imposed on	83704
the employer by this section. The administrator shall consider,	83705
but is not limited to, the following factors, where applicable, in	83706
determining the employer's ability to meet all of the obligations	83707
imposed on the board as an employer by this section:	83708

(1) The board as an employer employs a minimum of five	83709
hundred employees in this state;	83710

(2) The board has operated in this state for a minimum of two	83711
years;	83712

(3) Where the board previously contributed to the state	83713
insurance fund or is a successor employer as defined by bureau	83714
rules, the amount of the buyout, as defined by bureau rules;	83715

(4) The sufficiency of the board's assets located in this	83716
state to insure the board's solvency in paying compensation	83717
directly;	83718

(5) The financial records, documents, and data, certified by	83719
a certified public accountant, necessary to provide the board's	83720
full financial disclosure. The records, documents, and data	83721
include, but are not limited to, balance sheets and profit and	83722
loss history for the current year and previous four years.	83723

(6) The board's organizational plan for the administration of	83724
the workers' compensation law;	83725

(7) The board's proposed plan to inform employees of the	83726
proposed self-insurance, the procedures the board will follow as a	83727
self-insuring employer, and the employees' rights to compensation	83728
and benefits;	83729

(8) The board has either an account in a financial	83730
institution in this state, or if the board maintains an account	83731
with a financial institution outside this state, ensures that	83732
workers' compensation checks are drawn from the same account as	83733
payroll checks or the board clearly indicates that payment will be	83734
honored by a financial institution in this state;	83735

(9) The board shall provide the administrator a surety bond	83736
in an amount equal to one hundred twenty-five per cent of the	83737
projected losses as determined by the administrator.	83738

(D) The administrator shall require a surety bond from all	83739
self-insuring employers, issued pursuant to section 4123.351 of	83740
the Revised Code, that is sufficient to compel, or secure to	83741
injured employees, or to the dependents of employees killed, the	83742
payment of compensation and expenses, which shall in no event be	83743
less than that paid or furnished out of the state insurance fund	83744
in similar cases to injured employees or to dependents of killed	83745
employees whose employers contribute to the fund, except when an	83746
employee of the employer, who has suffered the loss of a hand,	83747
arm, foot, leg, or eye prior to the injury for which compensation	83748
is to be paid, and thereafter suffers the loss of any other of the	83749
members as the result of any injury sustained in the course of and	83750
arising out of the employee's employment, the compensation to be	83751
paid by the self-insuring employer is limited to the disability	83752
suffered in the subsequent injury, additional compensation, if	83753
any, to be paid by the bureau out of the surplus created by	83754
section 4123.34 of the Revised Code.	83755

(E) In addition to the requirements of this section, the	83756
administrator shall make and publish rules governing the manner of	83757
making application and the nature and extent of the proof required	83758
to justify a finding of fact by the administrator as to granting	83759
the status of a self-insuring employer, which rules shall be	83760
general in their application, one of which rules shall provide	83761
that all self-insuring employers shall pay into the state	83762
insurance fund such amounts as are required to be credited to the	83763
surplus fund in division (B) of section 4123.34 of the Revised	83764
Code. The administrator may adopt rules establishing requirements	83765
in addition to the requirements described in division (B)(2) of	83766
this section that a public employer shall meet in order to qualify	83767
for self-insuring status.	83768

Employers shall secure directly from the bureau central	83769
offices application forms upon which the bureau shall stamp a	83770
designating number. Prior to submission of an application, an	83771
employer shall make available to the bureau, and the bureau shall	83772
review, the information described in division (B)(1) of this	83773
section, and public employers shall make available, and the bureau	83774
shall review, the information necessary to verify whether the	83775
public employer meets the requirements listed in division (B)(2)	83776
of this section. An employer shall file the completed application	83777
forms with an application fee, which shall cover the costs of	83778
processing the application, as established by the administrator,	83779
by rule, with the bureau at least ninety days prior to the	83780
effective date of the employer's new status as a self-insuring	83781
employer. The application form is not deemed complete until all	83782
the required information is attached thereto. The bureau shall	83783
only accept applications that contain the required information.	83784

(F) The bureau shall review completed applications within a	83785
reasonable time. If the bureau determines to grant an employer the	83786
status as a self-insuring employer, the bureau shall issue a	83787
statement, containing its findings of fact, that is prepared by	83788
the bureau and signed by the administrator. If the bureau	83789
determines not to grant the status as a self-insuring employer,	83790
the bureau shall notify the employer of the determination and	83791
require the employer to continue to pay its full premium into the	83792
state insurance fund. The administrator also shall adopt rules	83793
establishing a minimum level of performance as a criterion for	83794
granting and maintaining the status as a self-insuring employer	83795
and fixing time limits beyond which failure of the self-insuring	83796
employer to provide for the necessary medical examinations and	83797
evaluations may not delay a decision on a claim.	83798

(G) The administrator shall adopt rules setting forth	83799
procedures for auditing the program of self-insuring employers.	83800
The bureau shall conduct the audit upon a random basis or whenever	83801
the bureau has grounds for believing that a self-insuring employer	83802
is not in full compliance with bureau rules or this chapter.	83803

The administrator shall monitor the programs conducted by	83804
self-insuring employers, to ensure compliance with bureau	83805
requirements and for that purpose, shall develop and issue to	83806
self-insuring employers standardized forms for use by the	83807
self-insuring employer in all aspects of the self-insuring	83808
employers' direct compensation program and for reporting of	83809
information to the bureau.	83810

The bureau shall receive and transmit to the self-insuring	83811
employer all complaints concerning any self-insuring employer. In	83812
the case of a complaint against a self-insuring employer, the	83813
administrator shall handle the complaint through the	83814
self-insurance division of the bureau. The bureau shall maintain a	83815
file by employer of all complaints received that relate to the	83816
employer. The bureau shall evaluate each complaint and take	83817
appropriate action.	83818

The administrator shall adopt as a rule a prohibition against	83819
any self-insuring employer from harassing, dismissing, or	83820
otherwise disciplining any employee making a complaint, which rule	83821
shall provide for a financial penalty to be levied by the	83822
administrator payable by the offending self-insuring employer.	83823

(H) For the purpose of making determinations as to whether to	83824
grant status as a self-insuring employer, the administrator may	83825
subscribe to and pay for a credit reporting service that offers	83826
financial and other business information about individual	83827
employers. The costs in connection with the bureau's subscription	83828
or individual reports from the service about an applicant may be	83829
included in the application fee charged employers under this	83830
section.	83831

(I) The administrator, notwithstanding other provisions of	83832
this chapter, may permit a self-insuring employer to resume	83833
payment of premiums to the state insurance fund with appropriate	83834
credit modifications to the employer's basic premium rate as such	83835
rate is determined pursuant to section 4123.29 of the Revised	83836
Code.	83837

(J) On the first day of July of each year, the administrator	83838
shall calculate separately each self-insuring employer's	83839
assessments for the safety and hygiene fund, administrative costs	83840
pursuant to section 4123.342 of the Revised Code, and for the	83841
portion of the surplus fund under division (B) of section 4123.34	83842
of the Revised Code that is not used for handicapped	83843
reimbursement, on the basis of the paid compensation attributable	83844
to the individual self-insuring employer according to the	83845
following calculation:	83846

(1) The total assessment against all self-insuring employers	83847
as a class for each fund and for the administrative costs for the	83848
year that the assessment is being made, as determined by the	83849
administrator, divided by the total amount of paid compensation	83850
for the previous calendar year attributable to all amenable	83851
self-insuring employers;	83852

(2) Multiply the quotient in division (J)(1) of this section	83853
by the total amount of paid compensation for the previous calendar	83854
year that is attributable to the individual self-insuring employer	83855
for whom the assessment is being determined. Each self-insuring	83856
employer shall pay the assessment that results from this	83857
calculation, unless the assessment resulting from this calculation	83858
falls below a minimum assessment, which minimum assessment the	83859
administrator shall determine on the first day of July of each	83860
year with the advice and consent of the bureau of workers'	83861
compensation board of directors, in which event, the self-insuring	83862
employer shall pay the minimum assessment.	83863

In determining the total amount due for the total assessment	83864
against all self-insuring employers as a class for each fund and	83865
the administrative assessment, the administrator shall reduce	83866
proportionately the total for each fund and assessment by the	83867
amount of money in the self-insurance assessment fund as of the	83868
date of the computation of the assessment.	83869

The administrator shall calculate the assessment for the	83870
portion of the surplus fund under division (B) of section 4123.34	83871
of the Revised Code that is used for handicapped reimbursement in	83872
the same manner as set forth in divisions (J)(1) and (2) of this	83873
section except that the administrator shall calculate the total	83874
assessment for this portion of the surplus fund only on the basis	83875
of those self-insuring employers that retain participation in the	83876
handicapped reimbursement program and the individual self-insuring	83877
employer's proportion of paid compensation shall be calculated	83878
only for those self-insuring employers who retain participation in	83879
the handicapped reimbursement program. The administrator, as the	83880
administrator determines appropriate, may determine the total	83881
assessment for the handicapped portion of the surplus fund in	83882
accordance with sound actuarial principles.	83883

The administrator shall calculate the assessment for the	83884
portion of the surplus fund under division (B) of section 4123.34	83885
of the Revised Code that under division (D) of section 4121.66 of	83886
the Revised Code is used for rehabilitation costs in the same	83887
manner as set forth in divisions (J)(1) and (2) of this section,	83888
except that the administrator shall calculate the total assessment	83889
for this portion of the surplus fund only on the basis of those	83890
self-insuring employers who have not made the election to make	83891
payments directly under division (D) of section 4121.66 of the	83892
Revised Code and an individual self-insuring employer's proportion	83893
of paid compensation only for those self-insuring employers who	83894
have not made that election.	83895

The administrator shall calculate the assessment for the	83896
portion of the surplus fund under division (B) of section 4123.34	83897
of the Revised Code that is used for reimbursement to a	83898
self-insuring employer under division (H) of section 4123.512 of	83899
the Revised Code in the same manner as set forth in divisions	83900
(J)(1) and (2) of this section except that the administrator shall	83901
calculate the total assessment for this portion of the surplus	83902
fund only on the basis of those self-insuring employers that	83903
retain participation in reimbursement to the self-insuring	83904
employer under division (H) of section 4123.512 of the Revised	83905
Code and the individual self-insuring employer's proportion of	83906
paid compensation shall be calculated only for those self-insuring	83907
employers who retain participation in reimbursement to the	83908
self-insuring employer under division (H) of section 4123.512 of	83909
the Revised Code.	83910

An employer who no longer is a self-insuring employer in this	83911
state or who no longer is operating in this state, shall continue	83912
to pay assessments for administrative costs and for the portion of	83913
the surplus fund under division (B) of section 4123.34 of the	83914
Revised Code that is not used for handicapped reimbursement, based	83915
upon paid compensation attributable to claims that occurred while	83916
the employer was a self-insuring employer within this state.	83917

(K) There is hereby created in the state treasury the	83918
self-insurance assessment fund. All investment earnings of the	83919
fund shall be deposited in the fund. The administrator shall use	83920
the money in the self-insurance assessment fund only for	83921
administrative costs as specified in section 4123.341 of the	83922
Revised Code.	83923

(L) Every self-insuring employer shall certify, in affidavit	83924
form subject to the penalty for perjury, to the bureau the amount	83925
of the self-insuring employer's paid compensation for the previous	83926
calendar year. In reporting paid compensation paid for the	83927
previous year, a self-insuring employer shall exclude from the	83928
total amount of paid compensation any reimbursement the	83929
self-insuring employer receives in the previous calendar year from	83930
the surplus fund pursuant to section 4123.512 of the Revised Code	83931
for any paid compensation. The self-insuring employer also shall	83932
exclude from the paid compensation reported any amount recovered	83933
under section 4123.931 of the Revised Code and any amount that is	83934
determined not to have been payable to or on behalf of a claimant	83935
in any final administrative or judicial proceeding. The	83936
self-insuring employer shall exclude such amounts from the paid	83937
compensation reported in the reporting period subsequent to the	83938
date the determination is made. The administrator shall adopt	83939
rules, in accordance with Chapter 119. of the Revised Code, that	83940
provide for all of the following:	83941

(1) Establishing the date by which self-insuring employers	83942
must submit such information and the amount of the assessments	83943
provided for in division (J) of this section for employers who	83944
have been granted self-insuring status within the last calendar	83945
year;	83946

(2) If an employer fails to pay the assessment when due, the	83947
administrator may add a late fee penalty of not more than five	83948
hundred dollars to the assessment plus an additional penalty	83949
amount as follows:	83950

(a) For an assessment from sixty-one to ninety days past due,	83951
the prime interest rate, multiplied by the assessment due;	83952

(b) For an assessment from ninety-one to one hundred twenty	83953
days past due, the prime interest rate plus two per cent,	83954
multiplied by the assessment due;	83955

(c) For an assessment from one hundred twenty-one to one	83956
hundred fifty days past due, the prime interest rate plus four per	83957
cent, multiplied by the assessment due;	83958

(d) For an assessment from one hundred fifty-one to one	83959
hundred eighty days past due, the prime interest rate plus six per	83960
cent, multiplied by the assessment due;	83961

(e) For an assessment from one hundred eighty-one to two	83962
hundred ten days past due, the prime interest rate plus eight per	83963
cent, multiplied by the assessment due;	83964

(f) For each additional thirty-day period or portion thereof	83965
that an assessment remains past due after it has remained past due	83966
for more than two hundred ten days, the prime interest rate plus	83967
eight per cent, multiplied by the assessment due.	83968

(3) An employer may appeal a late fee penalty and penalty	83969
assessment to the administrator.	83970

For purposes of division (L)(2) of this section, "prime	83971
interest rate" means the average bank prime rate, and the	83972
administrator shall determine the prime interest rate in the same	83973
manner as a county auditor determines the average bank prime rate	83974
under section 929.02 of the Revised Code.	83975

The administrator shall include any assessment and penalties	83976
that remain unpaid for previous assessment periods in the	83977
calculation and collection of any assessments due under this	83978
division or division (J) of this section.	83979

(M) As used in this section, "paid compensation" means all	83980
amounts paid by a self-insuring employer for living maintenance	83981
benefits, all amounts for compensation paid pursuant to sections	83982
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	83983
4123.64 of the Revised Code, all amounts paid as wages in lieu of	83984
such compensation, all amounts paid in lieu of such compensation	83985
under a nonoccupational accident and sickness program fully funded	83986
by the self-insuring employer, and all amounts paid by a	83987
self-insuring employer for a violation of a specific safety	83988
standard pursuant to Section 35 of Article II, Ohio Constitution	83989
and section 4121.47 of the Revised Code.	83990

(N) Should any section of this chapter or Chapter 4121. of	83991
the Revised Code providing for self-insuring employers'	83992
assessments based upon compensation paid be declared	83993
unconstitutional by a final decision of any court, then that	83994
section of the Revised Code declared unconstitutional shall revert	83995
back to the section in existence prior to November 3, 1989,	83996
providing for assessments based upon payroll.	83997

(O) The administrator may grant a self-insuring employer the	83998
privilege to self-insure a construction project entered into by	83999
the self-insuring employer that is scheduled for completion within	84000
six years after the date the project begins, and the total cost of	84001
which is estimated to exceed one hundred million dollars or, for	84002
employers described in division (R) of this section, if the	84003
construction project is estimated to exceed twenty-five million	84004
dollars. The administrator may waive such cost and time criteria	84005
and grant a self-insuring employer the privilege to self-insure a	84006
construction project regardless of the time needed to complete the	84007
construction project and provided that the cost of the	84008
construction project is estimated to exceed fifty million dollars.	84009
A self-insuring employer who desires to self-insure a construction	84010
project shall submit to the administrator an application listing	84011
the dates the construction project is scheduled to begin and end,	84012
the estimated cost of the construction project, the contractors	84013
and subcontractors whose employees are to be self-insured by the	84014
self-insuring employer, the provisions of a safety program that is	84015
specifically designed for the construction project, and a	84016
statement as to whether a collective bargaining agreement	84017
governing the rights, duties, and obligations of each of the	84018
parties to the agreement with respect to the construction project	84019
exists between the self-insuring employer and a labor	84020
organization.	84021

A self-insuring employer may apply to self-insure the	84022
employees of either of the following:	84023

(1) All contractors and subcontractors who perform labor or	84024
work or provide materials for the construction project;	84025

(2) All contractors and, at the administrator's discretion, a	84026
substantial number of all the subcontractors who perform labor or	84027
work or provide materials for the construction project.	84028

Upon approval of the application, the administrator shall	84029
mail a certificate granting the privilege to self-insure the	84030
construction project to the self-insuring employer. The	84031
certificate shall contain the name of the self-insuring employer	84032
and the name, address, and telephone number of the self-insuring	84033
employer's representatives who are responsible for administering	84034
workers' compensation claims for the construction project. The	84035
self-insuring employer shall post the certificate in a conspicuous	84036
place at the site of the construction project.	84037

The administrator shall maintain a record of the contractors	84038
and subcontractors whose employees are covered under the	84039
certificate issued to the self-insured employer. A self-insuring	84040
employer immediately shall notify the administrator when any	84041
contractor or subcontractor is added or eliminated from inclusion	84042
under the certificate.	84043

Upon approval of the application, the self-insuring employer	84044
is responsible for the administration and payment of all claims	84045
under this chapter and Chapter 4121. of the Revised Code for the	84046
employees of the contractor and subcontractors covered under the	84047
certificate who receive injuries or are killed in the course of	84048
and arising out of employment on the construction project, or who	84049
contract an occupational disease in the course of employment on	84050
the construction project. For purposes of this chapter and Chapter	84051
4121. of the Revised Code, a claim that is administered and paid	84052
in accordance with this division is considered a claim against the	84053
self-insuring employer listed in the certificate. A contractor or	84054
subcontractor included under the certificate shall report to the	84055
self-insuring employer listed in the certificate, all claims that	84056
arise under this chapter and Chapter 4121. of the Revised Code in	84057
connection with the construction project for which the certificate	84058
is issued.	84059

A self-insuring employer who complies with this division is	84060
entitled to the protections provided under this chapter and	84061
Chapter 4121. of the Revised Code with respect to the employees of	84062
the contractors and subcontractors covered under a certificate	84063
issued under this division for death or injuries that arise out	84064
of, or death, injuries, or occupational diseases that arise in the	84065
course of, those employees' employment on that construction	84066
project, as if the employees were employees of the self-insuring	84067
employer, provided that the self-insuring employer also complies	84068
with this section. No employee of the contractors and	84069
subcontractors covered under a certificate issued under this	84070
division shall be considered the employee of the self-insuring	84071
employer listed in that certificate for any purposes other than	84072
this chapter and Chapter 4121. of the Revised Code. Nothing in	84073
this division gives a self-insuring employer authority to control	84074
the means, manner, or method of employment of the employees of the	84075
contractors and subcontractors covered under a certificate issued	84076
under this division.	84077

The contractors and subcontractors included under a	84078
certificate issued under this division are entitled to the	84079
protections provided under this chapter and Chapter 4121. of the	84080
Revised Code with respect to the contractor's or subcontractor's	84081
employees who are employed on the construction project which is	84082
the subject of the certificate, for death or injuries that arise	84083
out of, or death, injuries, or occupational diseases that arise in	84084
the course of, those employees' employment on that construction	84085
project.	84086

The contractors and subcontractors included under a	84087
certificate issued under this division shall identify in their	84088
payroll records the employees who are considered the employees of	84089
the self-insuring employer listed in that certificate for purposes	84090
of this chapter and Chapter 4121. of the Revised Code, and the	84091
amount that those employees earned for employment on the	84092
construction project that is the subject of that certificate.	84093
Notwithstanding any provision to the contrary under this chapter	84094
and Chapter 4121. of the Revised Code, the administrator shall	84095
exclude the payroll that is reported for employees who are	84096
considered the employees of the self-insuring employer listed in	84097
that certificate, and that the employees earned for employment on	84098
the construction project that is the subject of that certificate,	84099
when determining those contractors' or subcontractors' premiums or	84100
assessments required under this chapter and Chapter 4121. of the	84101
Revised Code. A self-insuring employer issued a certificate under	84102
this division shall include in the amount of paid compensation it	84103
reports pursuant to division (L) of this section, the amount of	84104
paid compensation the self-insuring employer paid pursuant to this	84105
division for the previous calendar year.	84106

Nothing in this division shall be construed as altering the	84107
rights of employees under this chapter and Chapter 4121. of the	84108
Revised Code as those rights existed prior to September 17, 1996.	84109
Nothing in this division shall be construed as altering the rights	84110
devolved under sections 2305.31 and 4123.82 of the Revised Code as	84111
those rights existed prior to September 17, 1996.	84112

As used in this division, "privilege to self-insure a	84113
construction project" means privilege to pay individually	84114
compensation, and to furnish medical, surgical, nursing, and	84115
hospital services and attention and funeral expenses directly to	84116
injured employees or the dependents of killed employees.	84117

(P) A self-insuring employer whose application is granted	84118
under division (O) of this section shall designate a safety	84119
professional to be responsible for the administration and	84120
enforcement of the safety program that is specifically designed	84121
for the construction project that is the subject of the	84122
application.	84123

A self-insuring employer whose application is granted under	84124
division (O) of this section shall employ an ombudsperson for the	84125
construction project that is the subject of the application. The	84126
ombudsperson shall have experience in workers' compensation or the	84127
construction industry, or both. The ombudsperson shall perform all	84128
of the following duties:	84129

(1) Communicate with and provide information to employees who	84130
are injured in the course of, or whose injury arises out of	84131
employment on the construction project, or who contract an	84132
occupational disease in the course of employment on the	84133
construction project;	84134

(2) Investigate the status of a claim upon the request of an	84135
employee to do so;	84136

(3) Provide information to claimants, third party	84137
administrators, employers, and other persons to assist those	84138
persons in protecting their rights under this chapter and Chapter	84139
4121. of the Revised Code.	84140

A self-insuring employer whose application is granted under	84141
division (O) of this section shall post the name of the safety	84142
professional and the ombudsperson and instructions for contacting	84143
the safety professional and the ombudsperson in a conspicuous	84144
place at the site of the construction project.	84145

(Q) The administrator may consider all of the following when	84146
deciding whether to grant a self-insuring employer the privilege	84147
to self-insure a construction project as provided under division	84148
(O) of this section:	84149

(1) Whether the self-insuring employer has an organizational	84150
plan for the administration of the workers' compensation law;	84151

(2) Whether the safety program that is specifically designed	84152
for the construction project provides for the safety of employees	84153
employed on the construction project, is applicable to all	84154
contractors and subcontractors who perform labor or work or	84155
provide materials for the construction project, and has as a	84156
component, a safety training program that complies with standards	84157
adopted pursuant to the "Occupational Safety and Health Act of	84158
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	84159
management and employee involvement;	84160

(3) Whether granting the privilege to self-insure the	84161
construction project will reduce the costs of the construction	84162
project;	84163

(4) Whether the self-insuring employer has employed an	84164
ombudsperson as required under division (P) of this section;	84165

(5) Whether the self-insuring employer has sufficient surety	84166
to secure the payment of claims for which the self-insuring	84167
employer would be responsible pursuant to the granting of the	84168
privilege to self-insure a construction project under division (O)	84169
of this section.	84170

(R) As used in divisions (O), (P), and (Q), "self-insuring	84171
employer" includes the following employers, whether or not they	84172
have been granted the status of being a self-insuring employer	84173
under division (B) of this section:	84174

(1) A state institution of higher education;

84175

(2) A school district;

84176

(3) A county school financing district;

84177

(4) An educational service center;

84178

(5) A community school established under Chapter 3314. of the	84179
Revised Code;	84180

(6) A municipal power agency as defined in section 3734.058	84181
of the Revised Code.	84182

(S) As used in this section:

84183

(1) "Unvoted debt capacity" means the amount of money that a	84184
public employer may borrow without voter approval of a tax levy;	84185

(2) "State institution of higher education" means the state	84186
universities listed in section 3345.011 of the Revised Code,	84187
community colleges created pursuant to Chapter 3354. of the	84188
Revised Code, university branches created pursuant to Chapter	84189
3355. of the Revised Code, technical colleges created pursuant to	84190
Chapter 3357. of the Revised Code, and state community colleges	84191
created pursuant to Chapter 3358. of the Revised Code.	84192

Sec. 4123.41. (A) By the first day of January of each year,	84193
the bureau of workers' compensation shall furnish to the county	84194
auditor of each county and the chief fiscal officer of each taxing	84195
district in a county and of each district activity and institution	84196
mentioned in section 4123.39 of the Revised Code forms containing	84197
the premium rates applicable to the county, district, district	84198
activity, or institution as an employer, on which to report the	84199
amount of money expended by the county, district, district	84200
activity, or institution during the previous twelve calendar	84201
months for the services of employees under this chapter.	84202

(B) Each county auditor and each fiscal officer of a	84203
district, district activity, and institution shall calculate on	84204
the form it receives from the bureau under division (A) of this	84205
section the premium due as its proper contribution to the public	84206
insurance fund and issue a warrant in favor of the bureau for the	84207
amount due from the county, district, district activity, or	84208
institution to the public insurance fund according to the	84209
following schedule:	84210

(1) On or before the fifteenth day of May of each year, no	84211
less than forty-five per cent of the amount due;	84212

(2) On or before the first day of September of each year, no	84213
less than the total amount due.	84214

(C) The legislative body of any county, district, district	84215
activity, or institution may reimburse the fund from which the	84216
workers' compensation payments are made by transferring to the	84217
fund from any other fund of the county, district, district	84218
activity, or institution, the proportionate amount of the payments	84219
that should be chargeable to the fund, whether the fund is derived	84220
from taxation or otherwise. The proportionate amount of the	84221
payments chargeable to the fund may be based on payroll, relative	84222
exposure, relative loss experience, or any combination of these	84223
factors, as determined by the legislative body.	84224

(1) The workers' compensation program payments of any county,	84225
district, district activity, or institution may include all	84226
payments required by any bureau of workers' compensation rating	84227
plan.	84228

(2) The workers' compensation program payments of any county,	84229
district, district activity, or institution, except for a county	84230
board of developmental disabilities, a board of alcohol, drug	84231
addiction, and mental health services, a board of mental health	84232
services, and a board of alcohol and drug addiction services, also	84233
may include any of the following:	84234

(a) Direct administrative costs incurred in the management of	84235
the county, district, district activity, or institution's workers'	84236
compensation program;	84237

(b) Indirect costs that are necessary and reasonable for the	84238
proper and efficient administration of the workers' compensation	84239
program as documented in a cost allocation plan. The indirect cost	84240
plan shall conform to the United States office of management and	84241
budget circular A-87 "cost principles for state and local	84242
governments," 2 C.F.R. 225, as most recently amended on May 10,	84243
2004. The plan shall not authorize payment from the fund of any	84244
general government expense required to carry out the overall	84245
governmental responsibilities.	84246

(3) Within sixty days before a legislative body changes the	84247
method used for calculating the proportionate amount of the	84248
payments chargeable to the fund, it shall notify, consult with,	84249
and give information supporting the change to any elected official	84250
affected by the change. A transfer made pursuant to division	84251
(B)(2) of this section is not subject to section 5705.16 of the	84252
Revised Code.	84253

(D) Any county board of developmental disabilities, board of	84254
alcohol, drug addiction, and mental health services, board of	84255
mental health services, or board of alcohol and drug addiction	84256
services whose workers' compensation payments, on or before ~~the~~	84257
~~effective date of this section~~September 28, 2012, includes costs	84258
referred to in division (C)(2) of this section may continue to do	84259
so on and after ~~the effective date of this amendment~~September	84260
28, 2012.	84261

(E) The bureau may investigate the correctness of the	84262
information provided by the county auditor and chief fiscal	84263
officer under division (B) of this section, and if the bureau	84264
determines at any time that the county, district, district	84265
activity, or institution has not reported the correct information,	84266
the administrator of workers' compensation may make deductions or	84267
additions as the facts warrant and take those facts into	84268
consideration in determining the current or future contributions	84269
to be made by the county, district, district activity, or	84270
institution. If the county, district, district activity, or	84271
institution does not furnish the report in the time required by	84272
this section, the administrator may fix the amount of contribution	84273
the county, district, district activity, or institution must make	84274
and certify that amount for payment.	84275

(F) The administrator shall provide a discount to any county,	84276
district, district activity, or institution that pays its total	84277
amount due to the public insurance fund on or before the fifteenth	84278
day of May of each year as its proper contribution for premiums.	84279
The administrator shall base the discount provided under this	84280
division on the savings generated by the early payment to the	84281
public insurance fund. The administrator may provide the discount	84282
through a refund to the county, district, district activity, or	84283
institution or an offset against the future contributions due to	84284
the public insurance fund from the county, district, district	84285
activity, or institution.	84286

(G) The administrator may impose an interest penalty for late	84287
payment of any amount due from a county, district, district	84288
activity, and institution at the interest rate established by the	84289
state tax commissioner pursuant to section 5703.47 of the Revised	84290
Code.	84291

(H) If the administrator adopts rules for the prospective	84292
payment of premium as permitted under section 4123.322 of the	84293
Revised Code, every employer mentioned in division (B)(1) of	84294
section 4123.01 of the Revised Code, except for a state agency or	84295
a state university or college as defined in section 4123.32 of the	84296
Revised Code, shall pay into the state insurance fund the amount	84297
of premium the administrator fixes for the employment or	84298
occupation of the employer, the amount of which premium to be paid	84299
by each employer to be determined by the classifications, rules,	84300
and rates made and published by the administrator and based upon	84301
the estimates and reconciliations required by the rules the	84302
administrator adopts under section 4123.322 of the Revised Code.	84303

Sec. 4123.57. Partial disability compensation shall be paid	84304
as follows.	84305

Except as provided in this section, not earlier than	84306
twenty-six weeks after the date of termination of the latest	84307
period of payments under section 4123.56 of the Revised Code, or	84308
not earlier than twenty-six weeks after the date of the injury or	84309
contraction of an occupational disease in the absence of payments	84310
under section 4123.56 of the Revised Code, the employee may file	84311
an application with the bureau of workers' compensation for the	84312
determination of the percentage of the employee's permanent	84313
partial disability resulting from an injury or occupational	84314
disease.	84315

Whenever the application is filed, the bureau shall send a	84316
copy of the application to the employee's employer or the	84317
employer's representative and shall schedule the employee for a	84318
medical examination by the bureau medical section. The bureau	84319
shall send a copy of the report of the medical examination to the	84320
employee, the employer, and their representatives. Thereafter, the	84321
administrator of workers' compensation shall review the employee's	84322
claim file and make a tentative order as the evidence before the	84323
administrator at the time of the making of the order warrants. If	84324
the administrator determines that there is a conflict of evidence,	84325
the administrator shall send the application, along with the	84326
claimant's file, to the district hearing officer who shall set the	84327
application for a hearing.	84328

The administrator shall notify the employee, the employer,	84329
and their representatives, in writing, of the tentative order and	84330
of the parties' right to request a hearing. Unless the employee,	84331
the employer, or their representative notifies the administrator,	84332
in writing, of an objection to the tentative order within twenty	84333
days after receipt of the notice thereof, the tentative order	84334
shall go into effect and the employee shall receive the	84335
compensation provided in the order. In no event shall there be a	84336
reconsideration of a tentative order issued under this division.	84337

If the employee, the employer, or their representatives	84338
timely notify the administrator of an objection to the tentative	84339
order, the matter shall be referred to a district hearing officer	84340
who shall set the application for hearing with written notices to	84341
all interested persons. Upon referral to a district hearing	84342
officer, the employer may obtain a medical examination of the	84343
employee, pursuant to rules of the industrial commission.	84344

(A) The district hearing officer, upon the application, shall	84345
determine the percentage of the employee's permanent disability,	84346
except as is subject to division (B) of this section, based upon	84347
that condition of the employee resulting from the injury or	84348
occupational disease and causing permanent impairment evidenced by	84349
medical or clinical findings reasonably demonstrable. The employee	84350
shall receive sixty-six and two-thirds per cent of the employee's	84351
average weekly wage, but not more than a maximum of thirty-three	84352
and one-third per cent of the statewide average weekly wage as	84353
defined in division (C) of section 4123.62 of the Revised Code,	84354
per week regardless of the average weekly wage, for the number of	84355
weeks which equals the percentage of two hundred weeks. Except on	84356
application for reconsideration, review, or modification, which is	84357
filed within ten days after the date of receipt of the decision of	84358
the district hearing officer, in no instance shall the former	84359
award be modified unless it is found from medical or clinical	84360
findings that the condition of the claimant resulting from the	84361
injury has so progressed as to have increased the percentage of	84362
permanent partial disability. A staff hearing officer shall hear	84363
an application for reconsideration filed and the staff hearing	84364
officer's decision is final. An employee may file an application	84365
for a subsequent determination of the percentage of the employee's	84366
permanent disability. If such an application is filed, the bureau	84367
shall send a copy of the application to the employer or the	84368
employer's representative. No sooner than sixty days from the date	84369
of the mailing of the application to the employer or the	84370
employer's representative, the administrator shall review the	84371
application. The administrator may require a medical examination	84372
or medical review of the employee. The administrator shall issue a	84373
tentative order based upon the evidence before the administrator,	84374
provided that if the administrator requires a medical examination	84375
or medical review, the administrator shall not issue the tentative	84376
order until the completion of the examination or review.	84377

The employer may obtain a medical examination of the employee	84378
and may submit medical evidence at any stage of the process up to	84379
a hearing before the district hearing officer, pursuant to rules	84380
of the commission. The administrator shall notify the employee,	84381
the employer, and their representatives, in writing, of the nature	84382
and amount of any tentative order issued on an application	84383
requesting a subsequent determination of the percentage of an	84384
employee's permanent disability. An employee, employer, or their	84385
representatives may object to the tentative order within twenty	84386
days after the receipt of the notice thereof. If no timely	84387
objection is made, the tentative order shall go into effect. In no	84388
event shall there be a reconsideration of a tentative order issued	84389
under this division. If an objection is timely made, the	84390
application for a subsequent determination shall be referred to a	84391
district hearing officer who shall set the application for a	84392
hearing with written notice to all interested persons. No	84393
application for subsequent percentage determinations on the same	84394
claim for injury or occupational disease shall be accepted for	84395
review by the district hearing officer unless supported by	84396
substantial evidence of new and changed circumstances developing	84397
since the time of the hearing on the original or last	84398
determination.	84399

No award shall be made under this division based upon a	84400
percentage of disability which, when taken with all other	84401
percentages of permanent disability, exceeds one hundred per cent.	84402
If the percentage of the permanent disability of the employee	84403
equals or exceeds ninety per cent, compensation for permanent	84404
partial disability shall be paid for two hundred weeks.	84405

Compensation payable under this division accrues and is	84406
payable to the employee from the date of last payment of	84407
compensation, or, in cases where no previous compensation has been	84408
paid, from the date of the injury or the date of the diagnosis of	84409
the occupational disease.	84410

When an award under this division has been made prior to the	84411
death of an employee, all unpaid installments accrued or to accrue	84412
under the provisions of the award are payable to the surviving	84413
spouse, or if there is no surviving spouse, to the dependent	84414
children of the employee, and if there are no children surviving,	84415
then to other dependents as the administrator determines.	84416

(B) For purposes of this division, "payable per week" means	84417
the seven-consecutive-day period in which compensation is paid in	84418
installments according to the schedule associated with the	84419
applicable injury as set forth in this division.	84420

Compensation paid in weekly installments according to the	84421
schedule described in this division may only be commuted to one or	84422
more ~~lump-sum~~lump sum payments pursuant to the procedure set	84423
forth in section 4123.64 of the Revised Code.	84424

In cases included in the following schedule the compensation	84425
payable per week to the employee is the statewide average weekly	84426
wage as defined in division (C) of section 4123.62 of the Revised	84427
Code per week and shall be paid in installments according to the	84428
following schedule:	84429

For the loss of a first finger, commonly known as a thumb,	84430
sixty weeks.	84431

For the loss of a second finger, commonly called index	84432
finger, thirty-five weeks.	84433

For the loss of a third finger, thirty weeks.

84434

For the loss of a fourth finger, twenty weeks.

84435

For the loss of a fifth finger, commonly known as the little	84436
finger, fifteen weeks.	84437

The loss of a second, or distal, phalange of the thumb is	84438
considered equal to the loss of one half of such thumb; the loss	84439
of more than one half of such thumb is considered equal to the	84440
loss of the whole thumb.	84441

The loss of the third, or distal, phalange of any finger is	84442
considered equal to the loss of one-third of the finger.	84443

The loss of the middle, or second, phalange of any finger is	84444
considered equal to the loss of two-thirds of the finger.	84445

The loss of more than the middle and distal phalanges of any	84446
finger is considered equal to the loss of the whole finger. In no	84447
case shall the amount received for more than one finger exceed the	84448
amount provided in this schedule for the loss of a hand.	84449

For the loss of the metacarpal bone (bones of the palm) for	84450
the corresponding thumb, or fingers, add ten weeks to the number	84451
of weeks under this division.	84452

For ankylosis (total stiffness of) or contractures (due to	84453
scars or injuries) which makes any of the fingers, thumbs, or	84454
parts of either useless, the same number of weeks apply to the	84455
members or parts thereof as given for the loss thereof.	84456

If the claimant has suffered the loss of two or more fingers	84457
by amputation or ankylosis and the nature of the claimant's	84458
employment in the course of which the claimant was working at the	84459
time of the injury or occupational disease is such that the	84460
handicap or disability resulting from the loss of fingers, or loss	84461
of use of fingers, exceeds the normal handicap or disability	84462
resulting from the loss of fingers, or loss of use of fingers, the	84463
administrator may take that fact into consideration and increase	84464
the award of compensation accordingly, but the award made shall	84465
not exceed the amount of compensation for loss of a hand.	84466

For the loss of a hand, one hundred seventy-five weeks.

84467

For the loss of an arm, two hundred twenty-five weeks.

84468

For the loss of a great toe, thirty weeks.

84469

For the loss of one of the toes other than the great toe, ten	84470
weeks.	84471

The loss of more than two-thirds of any toe is considered	84472
equal to the loss of the whole toe.	84473

The loss of less than two-thirds of any toe is considered no	84474
loss, except as to the great toe; the loss of the great toe up to	84475
the interphalangeal joint is co-equal to the loss of one-half of	84476
the great toe; the loss of the great toe beyond the	84477
interphalangeal joint is considered equal to the loss of the whole	84478
great toe.	84479

For the loss of a foot, one hundred fifty weeks.

84480

For the loss of a leg, two hundred weeks.

84481

For the loss of the sight of an eye, one hundred twenty-five	84482
weeks.	84483

For the permanent partial loss of sight of an eye, the	84484
portion of one hundred twenty-five weeks as the administrator in	84485
each case determines, based upon the percentage of vision actually	84486
lost as a result of the injury or occupational disease, but, in no	84487
case shall an award of compensation be made for less than	84488
twenty-five per cent loss of uncorrected vision. "Loss of	84489
uncorrected vision" means the percentage of vision actually lost	84490
as the result of the injury or occupational disease.	84491

For the permanent and total loss of hearing of one ear,	84492
twenty-five weeks; but in no case shall an award of compensation	84493
be made for less than permanent and total loss of hearing of one	84494
ear.	84495

For the permanent and total loss of hearing, one hundred	84496
twenty-five weeks; but, except pursuant to the next preceding	84497
paragraph, in no case shall an award of compensation be made for	84498
less than permanent and total loss of hearing.	84499

In case an injury or occupational disease results in serious	84500
facial or head disfigurement which either impairs or may in the	84501
future impair the opportunities to secure or retain employment,	84502
the administrator shall make an award of compensation as it deems	84503
proper and equitable, in view of the nature of the disfigurement,	84504
and not to exceed the sum of ten thousand dollars. For the purpose	84505
of making the award, it is not material whether the employee is	84506
gainfully employed in any occupation or trade at the time of the	84507
administrator's determination.	84508

When an award under this division has been made prior to the	84509
death of an employee all unpaid installments accrued or to accrue	84510
under the provisions of the award shall be payable to the	84511
surviving spouse, or if there is no surviving spouse, to the	84512
dependent children of the employee and if there are no such	84513
children, then to such dependents as the administrator determines.	84514

When an employee has sustained the loss of a member by	84515
severance, but no award has been made on account thereof prior to	84516
the employee's death, the administrator shall make an award in	84517
accordance with this division for the loss which shall be payable	84518
to the surviving spouse, or if there is no surviving spouse, to	84519
the dependent children of the employee and if there are no such	84520
children, then to such dependents as the administrator determines.	84521

(C) Compensation for partial impairment under divisions (A)	84522
and (B) of this section is in addition to the compensation paid	84523
the employee pursuant to section 4123.56 of the Revised Code. A	84524
claimant may receive compensation under divisions (A) and (B) of	84525
this section.	84526

In all cases arising under division (B) of this section, if	84527
it is determined by any one of the following: (1) the amputee	84528
clinic at University hospital, Ohio state university; (2) the	84529
~~rehabilitation services commission~~opportunities for Ohioans with	84530
disabilities agency; (3) an amputee clinic or prescribing	84531
physician approved by the administrator or the administrator's	84532
designee, that an injured or disabled employee is in need of an	84533
artificial appliance, or in need of a repair thereof, regardless	84534
of whether the appliance or its repair will be serviceable in the	84535
vocational rehabilitation of the injured employee, and regardless	84536
of whether the employee has returned to or can ever again return	84537
to any gainful employment, the bureau shall pay the cost of the	84538
artificial appliance or its repair out of the surplus created by	84539
division (B) of section 4123.34 of the Revised Code.	84540

In those cases where ~~a rehabilitation services commission~~an	84541
opportunities for Ohioans with disabilities agency recommendation	84542
that an injured or disabled employee is in need of an artificial	84543
appliance would conflict with their state plan, adopted pursuant	84544
to the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	84545
701, the administrator or the administrator's designee or the	84546
bureau may obtain a recommendation from an amputee clinic or	84547
prescribing physician that they determine appropriate.	84548

(D) If an employee of a state fund employer makes application	84549
for a finding and the administrator finds that the employee has	84550
contracted silicosis as defined in division (X), or coal miners'	84551
pneumoconiosis as defined in division (Y), or asbestosis as	84552
defined in division (AA) of section 4123.68 of the Revised Code,	84553
and that a change of such employee's occupation is medically	84554
advisable in order to decrease substantially further exposure to	84555
silica dust, asbestos, or coal dust and if the employee, after the	84556
finding, has changed or shall change the employee's occupation to	84557
an occupation in which the exposure to silica dust, asbestos, or	84558
coal dust is substantially decreased, the administrator shall	84559
allow to the employee an amount equal to fifty per cent of the	84560
statewide average weekly wage per week for a period of thirty	84561
weeks, commencing as of the date of the discontinuance or change,	84562
and for a period of one hundred weeks immediately following the	84563
expiration of the period of thirty weeks, the employee shall	84564
receive sixty-six and two-thirds per cent of the loss of wages	84565
resulting directly and solely from the change of occupation but	84566
not to exceed a maximum of an amount equal to fifty per cent of	84567
the statewide average weekly wage per week. No such employee is	84568
entitled to receive more than one allowance on account of	84569
discontinuance of employment or change of occupation and benefits	84570
shall cease for any period during which the employee is employed	84571
in an occupation in which the exposure to silica dust, asbestos,	84572
or coal dust is not substantially less than the exposure in the	84573
occupation in which the employee was formerly employed or for any	84574
period during which the employee may be entitled to receive	84575
compensation or benefits under section 4123.68 of the Revised Code	84576
on account of disability from silicosis, asbestosis, or coal	84577
miners' pneumoconiosis. An award for change of occupation for a	84578
coal miner who has contracted coal miners' pneumoconiosis may be	84579
granted under this division even though the coal miner continues	84580
employment with the same employer, so long as the coal miner's	84581
employment subsequent to the change is such that the coal miner's	84582
exposure to coal dust is substantially decreased and a change of	84583
occupation is certified by the claimant as permanent. The	84584
administrator may accord to the employee medical and other	84585
benefits in accordance with section 4123.66 of the Revised Code.	84586

(E) If a firefighter or police officer makes application for	84587
a finding and the administrator finds that the firefighter or	84588
police officer has contracted a cardiovascular and pulmonary	84589
disease as defined in division (W) of section 4123.68 of the	84590
Revised Code, and that a change of the firefighter's or police	84591
officer's occupation is medically advisable in order to decrease	84592
substantially further exposure to smoke, toxic gases, chemical	84593
fumes, and other toxic vapors, and if the firefighter, or police	84594
officer, after the finding, has changed or changes occupation to	84595
an occupation in which the exposure to smoke, toxic gases,	84596
chemical fumes, and other toxic vapors is substantially decreased,	84597
the administrator shall allow to the firefighter or police officer	84598
an amount equal to fifty per cent of the statewide average weekly	84599
wage per week for a period of thirty weeks, commencing as of the	84600
date of the discontinuance or change, and for a period of	84601
seventy-five weeks immediately following the expiration of the	84602
period of thirty weeks the administrator shall allow the	84603
firefighter or police officer sixty-six and two-thirds per cent of	84604
the loss of wages resulting directly and solely from the change of	84605
occupation but not to exceed a maximum of an amount equal to fifty	84606
per cent of the statewide average weekly wage per week. No such	84607
firefighter or police officer is entitled to receive more than one	84608
allowance on account of discontinuance of employment or change of	84609
occupation and benefits shall cease for any period during which	84610
the firefighter or police officer is employed in an occupation in	84611
which the exposure to smoke, toxic gases, chemical fumes, and	84612
other toxic vapors is not substantially less than the exposure in	84613
the occupation in which the firefighter or police officer was	84614
formerly employed or for any period during which the firefighter	84615
or police officer may be entitled to receive compensation or	84616
benefits under section 4123.68 of the Revised Code on account of	84617
disability from a cardiovascular and pulmonary disease. The	84618
administrator may accord to the firefighter or police officer	84619
medical and other benefits in accordance with section 4123.66 of	84620
the Revised Code.	84621

(F) An order issued under this section is appealable pursuant	84622
to section 4123.511 of the Revised Code but is not appealable to	84623
court under section 4123.512 of the Revised Code.	84624

Sec. 4123.93. As used in sections 4123.93 and 4123.931 of	84625
the Revised Code:	84626

(A) "Claimant" means a person who is eligible to receive	84627
compensation, medical benefits, or death benefits under this	84628
chapter or Chapter 4121., 4127., or 4131. of the Revised Code.	84629

(B) "Statutory subrogee" means the administrator of workers'	84630
compensation, a self-insuring employer, or an employer that	84631
contracts for the direct payment of medical services pursuant to	84632
division ~~(L)~~(P) of section 4121.44 of the Revised Code.	84633

(C) "Third party" means an individual, private insurer,	84634
public or private entity, or public or private program that is or	84635
may be liable to make payments to a person without regard to any	84636
statutory duty contained in this chapter or Chapter 4121., 4127.,	84637
or 4131. of the Revised Code.	84638

(D) "Subrogation interest" includes past, present, and	84639
estimated future payments of compensation, medical benefits,	84640
rehabilitation costs, or death benefits, and any other costs or	84641
expenses paid to or on behalf of the claimant by the statutory	84642
subrogee pursuant to this chapter or Chapter 4121., 4127., or	84643
4131. of the Revised Code.	84644

(E) "Net amount recovered" means the amount of any award,	84645
settlement, compromise, or recovery by a claimant against a third	84646
party, minus the attorney's fees, costs, or other expenses	84647
incurred by the claimant in securing the award, settlement,	84648
compromise, or recovery. "Net amount recovered" does not include	84649
any punitive damages that may be awarded by a judge or jury.	84650

(F) "Uncompensated damages" means the claimant's demonstrated	84651
or proven damages minus the statutory subrogee's subrogation	84652
interest.	84653

Sec. 4131.03. (A) For the relief of persons who are entitled	84654
to receive benefits by virtue of the federal act, there is hereby	84655
established a coal-workers pneumoconiosis fund, which shall be	84656
separate from the funds established and administered pursuant to	84657
Chapter 4123. of the Revised Code. The fund shall consist of	84658
premiums and other payments thereto by subscribers who elect to	84659
subscribe to the fund to insure the payment of benefits required	84660
by the federal act.	84661

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	84662
custody of the treasurer of state. The bureau of workers'	84663
compensation shall make disbursements from the fund to those	84664
persons entitled to payment therefrom and in the amounts required	84665
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	84666
investment earnings of the fund shall be credited to the fund.	84667

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	84668
~~director of natural resources annually may request the~~	84669
~~administrator of workers' compensation to transfer a portion of~~	84670
~~the investment earnings credited to the coal-workers~~	84671
~~pneumoconiosis fund as provided in this division. If the~~	84672
~~administrator receives a request from the director, the~~	84673
~~administrator, on the first day of July, or as soon as possible~~	84674
~~after that date, shall transfer from the investment earnings~~	84675
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	84676
~~exceed three million dollars to the mine safety fund created in~~	84677
~~section 1561.24 of the Revised Code for the purposes specified in~~	84678
~~that section and an amount not to exceed one million five hundred~~	84679
~~thousand dollars to the coal mining administration and reclamation~~	84680
~~reserve fund created in section 1513.181 of the Revised Code for~~	84681
~~the purposes specified in that section. The administrator, with~~	84682
~~the advice and consent of the bureau of workers' compensation~~	84683
~~board of directors, shall adopt rules governing the transfer in~~	84684
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	84685
~~fund. For that purpose, the rules may establish tests based on~~	84686
~~measures of net assets, liabilities, expenses, interest, dividend~~	84687
~~income, or other factors that the administrator determines~~	84688
~~appropriate that may be applied prior to a transfer.~~	84689

(C) The administrator shall have the same powers to invest	84690
any of the surplus or reserve belonging to the coal-workers	84691
pneumoconiosis fund as are delegated to the administrator under	84692
section 4123.44 of the Revised Code with respect to the state	84693
insurance fund.	84694

(D) If the administrator determines that reinsurance of the	84695
risks of the coal-workers pneumoconiosis fund is necessary to	84696
assure solvency of the fund, the administrator may:	84697

(1) Enter into contracts for the purchase of reinsurance	84698
coverage of the risks of the fund with any company or agency	84699
authorized by law to issue contracts of reinsurance;	84700

(2) Pay the cost of reinsurance from the fund;

84701

(3) Include the costs of reinsurance as a liability and	84702
estimated liability of the fund.	84703

Sec. 4141.162. (A) The director of job and family services	84704
shall establish an income and eligibility verification system that	84705
complies with section 1137 of the "Social Security Act." The	84706
programs included in the system are all of the following:	84707

(1) Unemployment compensation pursuant to section 3304 of the	84708
"Internal Revenue Code of 1954";	84709

(2) The state programs funded in part under part A of Title	84710
IV of the "Social Security Act" and administered under Chapters	84711
5107. and 5108. of the Revised Code;	84712

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	84713
~~Act"~~The medicaid program;	84714

(4) The supplemental nutrition assistance program pursuant to	84715
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	84716

(5) Any Ohio program under a plan approved under Title I, X,	84717
XIV, or XVI of the "Social Security Act."	84718

Wage information provided by employers to the director shall	84719
be furnished to the income and eligibility verification system.	84720
Such information shall be used by the director to determine	84721
eligibility of individuals for unemployment compensation benefits	84722
and the amount of those benefits and used by the agencies that	84723
administer the programs identified in divisions (A)(2) to (5) of	84724
this section to determine or verify eligibility for or the amount	84725
of benefits under those programs.	84726

The director shall fully implement the use of wage	84727
information to determine eligibility for and the amount of	84728
unemployment compensation benefits by September 30, 1988.	84729

Information furnished under the system shall also be made	84730
available to the appropriate state or local child support	84731
enforcement agency for the purposes of an approved plan under	84732
Title IV-D of the "Social Security Act" and to the appropriate	84733
federal agency for the purposes of Titles II and XVI of the	84734
"Social Security Act."	84735

(B) The director shall adopt rules as necessary under which	84736
the department of job and family services and other state agencies	84737
that the director determines must participate in order to ensure	84738
compliance with section 1137 of the "Social Security Act" exchange	84739
information with each other or authorized federal agencies about	84740
individuals who are applicants for or recipients of benefits under	84741
any of the programs enumerated in division (A) of this section.	84742
The rules shall extend to all of the following:	84743

(1) A requirement for standardized formats and procedures for	84744
a participating agency to request and receive information about an	84745
individual, which information shall include the individual's	84746
social security number;	84747

(2) A requirement that all applicants for and recipients of	84748
benefits under any program enumerated in division (A) of this	84749
section be notified at the time of application, and periodically	84750
thereafter, that information available through the system may be	84751
shared with agencies that administer other benefit programs and	84752
utilized in establishing or verifying eligibility or benefit	84753
amounts under the other programs enumerated in division (A) of	84754
this section;	84755

(3) A requirement that information is made available only to	84756
the extent necessary to assist in the valid administrative needs	84757
of the program receiving the information and is targeted for use	84758
in ways which are most likely to be productive in identifying and	84759
preventing ineligibility and incorrect payments;	84760

(4) A requirement that information is adequately protected	84761
against unauthorized disclosures for purposes other than to	84762
establish or verify eligibility or benefit amounts under the	84763
programs enumerated in division (A) of this section;	84764

(5) A requirement that a program providing information is	84765
reimbursed by the program using the information for the actual	84766
costs of furnishing the information and that the director be	84767
reimbursed by the participating programs for any actual costs	84768
incurred in operating the system;	84769

(6) Requirements for any other matters necessary to ensure	84770
the effective, efficient, and timely exchange of necessary	84771
information or that the director determines must be addressed in	84772
order to ensure compliance with the requirements of section 1137	84773
of the "Social Security Act."	84774

(C) Each participating agency shall furnish to the income and	84775
eligibility verification system established in division (A) of	84776
this section that information, which the director, by rule,	84777
determines is necessary in order to comply with section 1137 of	84778
the "Social Security Act."	84779

(D) Notwithstanding the information disclosure requirements	84780
of this section and section 4141.21 and division (A) of section	84781
4141.284 of the Revised Code, the director shall administer those	84782
provisions of law so as to comply with section 1137 of the "Social	84783
Security Act."	84784

(E) Requirements in section 4141.21 of the Revised Code with	84785
respect to confidentiality of information obtained in the	84786
administration of Chapter 4141. of the Revised Code and any	84787
sanctions imposed for improper disclosure of such information	84788
shall apply to the redisclosure of information disclosed under	84789
this section.	84790

(F) The director of job and family services shall consult	84791
with the medicaid director and the director of administrative	84792
services regarding the implementation of this section.	84793

Sec. 4141.29. Each eligible individual shall receive	84794
benefits as compensation for loss of remuneration due to	84795
involuntary total or partial unemployment in the amounts and	84796
subject to the conditions stipulated in this chapter.	84797

(A) No individual is entitled to a waiting period or benefits	84798
for any week unless the individual:	84799

(1) Has filed a valid application for determination of	84800
benefit rights in accordance with section 4141.28 of the Revised	84801
Code;	84802

(2) Has made a claim for benefits in accordance with section	84803
4141.28 of the Revised Code;	84804

(3) Has registered at an employment office or other	84805
registration place maintained or designated by the director of job	84806
and family services. Registration shall be made in accordance with	84807
the time limits, frequency, and manner prescribed by the director.	84808

(4)(a)(i) Is able to work and available for suitable work	84809
and, except as provided in division (A)(4)(a)(ii) of this section,	84810
is actively seeking suitable work either in a locality in which	84811
the individual has earned wages subject to this chapter during the	84812
individual's base period, or if the individual leaves that	84813
locality, then in a locality where suitable work normally is	84814
performed.	84815

(ii) The director may waive the requirement that a claimant	84816
be actively seeking work when the director finds that the	84817
individual has been laid off and the employer who laid the	84818
individual off has notified the director within ten days after the	84819
layoff, that work is expected to be available for the individual	84820
within a specified number of days not to exceed forty-five	84821
calendar days following the last day the individual worked. In the	84822
event the individual is not recalled within the specified period,	84823
this waiver shall cease to be operative with respect to that	84824
layoff.	84825

(b) The individual shall be instructed as to the efforts that	84826
the individual must make in the search for suitable work, except	84827
where the active search for work requirement has been waived under	84828
division (A)(4)(a) of this section, and shall keep a record of	84829
where and when the individual has sought work in complying with	84830
those instructions and, upon request, shall produce that record	84831
for examination by the director.	84832

(c) An individual who is attending a training course approved	84833
by the director meets the requirement of this division, if	84834
attendance was recommended by the director and the individual is	84835
regularly attending the course and is making satisfactory	84836
progress. An individual also meets the requirements of this	84837
division if the individual is participating and advancing in a	84838
training program, as defined in division (P) of section 5709.61 of	84839
the Revised Code, and if an enterprise, defined in division (B) of	84840
section 5709.61 of the Revised Code, is paying all or part of the	84841
cost of the individual's participation in the training program	84842
with the intention of hiring the individual for employment as a	84843
new employee, as defined in division (L) of section 5709.61 of the	84844
Revised Code, for at least ninety days after the individual's	84845
completion of the training program.	84846

(d) An individual who becomes unemployed while attending a	84847
regularly established school and whose base period qualifying	84848
weeks were earned in whole or in part while attending that school,	84849
meets the availability and active search for work requirements of	84850
division (A)(4)(a) of this section if the individual regularly	84851
attends the school during weeks with respect to which the	84852
individual claims unemployment benefits and makes self available	84853
on any shift of hours for suitable employment with the	84854
individual's most recent employer or any other employer in the	84855
individual's base period, or for any other suitable employment to	84856
which the individual is directed, under this chapter.	84857

(e) The director shall adopt any rules that the director	84858
deems necessary for the administration of division (A)(4) of this	84859
section.	84860

(f) Notwithstanding any other provisions of this section, no	84861
otherwise eligible individual shall be denied benefits for any	84862
week because the individual is in training approved under section	84863
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	84864
2296, nor shall that individual be denied benefits by reason of	84865
leaving work to enter such training, provided the work left is not	84866
suitable employment, or because of the application to any week in	84867
training of provisions in this chapter, or any applicable federal	84868
unemployment compensation law, relating to availability for work,	84869
active search for work, or refusal to accept work.	84870

For the purposes of division (A)(4)(f) of this section,	84871
"suitable employment" means with respect to an individual, work of	84872
a substantially equal or higher skill level than the individual's	84873
past adversely affected employment, as defined for the purposes of	84874
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	84875
wages for such work at not less than eighty per cent of the	84876
individual's average weekly wage as determined for the purposes of	84877
that federal act.	84878

(5) Is unable to obtain suitable work. An individual who is	84879
provided temporary work assignments by the individual's employer	84880
under agreed terms and conditions of employment, and who is	84881
required pursuant to those terms and conditions to inquire with	84882
the individual's employer for available work assignments upon the	84883
conclusion of each work assignment, is not considered unable to	84884
obtain suitable employment if suitable work assignments are	84885
available with the employer but the individual fails to contact	84886
the employer to inquire about work assignments.	84887

(6) Participates in reemployment services, such as job search	84888
assistance services, if the individual has been determined to be	84889
likely to exhaust benefits under this chapter, including	84890
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	84891
extended compensation, and needs reemployment services pursuant to	84892
the profiling system established by the director under division	84893
(K) of this section, unless the director determines that:	84894

(a) The individual has completed such services; or

84895

(b) There is justifiable cause for the claimant's failure to	84896
participate in such services.	84897

(B) An individual suffering total or partial unemployment is	84898
eligible for benefits for unemployment occurring subsequent to a	84899
waiting period of one week and no benefits shall be payable during	84900
this required waiting period. Not more than one week of waiting	84901
period shall be required of any individual in any benefit year in	84902
order to establish the individual's eligibility for total or	84903
partial unemployment benefits.	84904

(C) The waiting period for total or partial unemployment	84905
shall commence on the first day of the first week with respect to	84906
which the individual first files a claim for benefits at an	84907
employment office or other place of registration maintained or	84908
designated by the director or on the first day of the first week	84909
with respect to which the individual has otherwise filed a claim	84910
for benefits in accordance with the rules of the department of job	84911
and family services, provided such claim is allowed by the	84912
director.	84913

(D) Notwithstanding division (A) of this section, no	84914
individual may serve a waiting period or be paid benefits under	84915
the following conditions:	84916

(1) For any week with respect to which the director finds	84917
that:	84918

(a) The individual's unemployment was due to a labor dispute	84919
other than a lockout at any factory, establishment, or other	84920
premises located in this or any other state and owned or operated	84921
by the employer by which the individual is or was last employed;	84922
and for so long as the individual's unemployment is due to such	84923
labor dispute. No individual shall be disqualified under this	84924
provision if either of the following applies:	84925

(i) The individual's employment was with such employer at any	84926
factory, establishment, or premises located in this state, owned	84927
or operated by such employer, other than the factory,	84928
establishment, or premises at which the labor dispute exists, if	84929
it is shown that the individual is not financing, participating	84930
in, or directly interested in such labor dispute;	84931

(ii) The individual's employment was with an employer not	84932
involved in the labor dispute but whose place of business was	84933
located within the same premises as the employer engaged in the	84934
dispute, unless the individual's employer is a wholly owned	84935
subsidiary of the employer engaged in the dispute, or unless the	84936
individual actively participates in or voluntarily stops work	84937
because of such dispute. If it is established that the claimant	84938
was laid off for an indefinite period and not recalled to work	84939
prior to the dispute, or was separated by the employer prior to	84940
the dispute for reasons other than the labor dispute, or that the	84941
individual obtained a bona fide job with another employer while	84942
the dispute was still in progress, such labor dispute shall not	84943
render the employee ineligible for benefits.	84944

(b) The individual has been given a disciplinary layoff for	84945
misconduct in connection with the individual's work.	84946

(2) For the duration of the individual's unemployment if the	84947
director finds that:	84948

(a) The individual quit work without just cause or has been	84949
discharged for just cause in connection with the individual's	84950
work, provided division (D)(2) of this section does not apply to	84951
the separation of a person under any of the following	84952
circumstances:	84953

(i) Separation from employment for the purpose of entering	84954
the armed forces of the United States if the individual is	84955
inducted into the armed forces within one of the following	84956
periods:	84957

(I) Thirty days after separation;

84958

(II) One hundred eighty days after separation if the	84959
individual's date of induction is delayed solely at the discretion	84960
of the armed forces.	84961

(ii) Separation from employment pursuant to a	84962
labor-management contract or agreement, or pursuant to an	84963
established employer plan, program, or policy, which permits the	84964
employee, because of lack of work, to accept a separation from	84965
employment;	84966

(iii) The individual has left employment to accept a recall	84967
from a prior employer or, except as provided in division	84968
(D)(2)(a)(iv) of this section, to accept other employment as	84969
provided under section 4141.291 of the Revised Code, or left or	84970
was separated from employment that was concurrent employment at	84971
the time of the most recent separation or within six weeks prior	84972
to the most recent separation where the remuneration, hours, or	84973
other conditions of such concurrent employment were substantially	84974
less favorable than the individual's most recent employment and	84975
where such employment, if offered as new work, would be considered	84976
not suitable under the provisions of divisions (E) and (F) of this	84977
section. Any benefits that would otherwise be chargeable to the	84978
account of the employer from whom an individual has left	84979
employment or was separated from employment that was concurrent	84980
employment under conditions described in division (D)(2)(a)(iii)	84981
of this section, shall instead be charged to the mutualized	84982
account created by division (B) of section 4141.25 of the Revised	84983
Code, except that any benefits chargeable to the account of a	84984
reimbursing employer under division (D)(2)(a)(iii) of this section	84985
shall be charged to the account of the reimbursing employer and	84986
not to the mutualized account, except as provided in division	84987
(D)(2) of section 4141.24 of the Revised Code.	84988

(iv) When an individual has been issued a definite layoff	84989
date by the individual's employer and before the layoff date, the	84990
individual quits to accept other employment, the provisions of	84991
division (D)(2)(a)(iii) of this section apply and no	84992
disqualification shall be imposed under division (D) of this	84993
section. However, if the individual fails to meet the employment	84994
and earnings requirements of division (A)(2) of section 4141.291	84995
of the Revised Code, then the individual, pursuant to division	84996
(A)(5) of this section, shall be ineligible for benefits for any	84997
week of unemployment that occurs prior to the layoff date.	84998

(v) The individual's spouse is a member of the armed forces	84999
of the United States who is on active duty as defined in 10 U.S.C.	85000
101(d)(1), the spouse is the subject of a military transfer, the	85001
individual left employment to accompany the individual's spouse to	85002
a location from which it is impractical to commute to the	85003
individual's place of employment, and upon arrival at the new	85004
place of residence, the individual is in all respects able and	85005
available for suitable work.	85006

(b) The individual has refused without good cause to accept	85007
an offer of suitable work when made by an employer either in	85008
person or to the individual's last known address, or has refused	85009
or failed to investigate a referral to suitable work when directed	85010
to do so by a local employment office of this state or another	85011
state, provided that this division shall not cause a	85012
disqualification for a waiting week or benefits under the	85013
following circumstances:	85014

(i) When work is offered by the individual's employer and the	85015
individual is not required to accept the offer pursuant to the	85016
terms of the labor-management contract or agreement; or	85017

(ii) When the individual is attending a training course	85018
pursuant to division (A)(4) of this section except, in the event	85019
of a refusal to accept an offer of suitable work or a refusal or	85020
failure to investigate a referral, benefits thereafter paid to	85021
such individual shall not be charged to the account of any	85022
employer and, except as provided in division (B)(1)(b) of section	85023
4141.241 of the Revised Code, shall be charged to the mutualized	85024
account as provided in division (B) of section 4141.25 of the	85025
Revised Code.	85026

(c) Such individual quit work to marry or because of marital,	85027
parental, filial, or other domestic obligations.	85028

(d) The individual became unemployed by reason of commitment	85029
to any correctional institution.	85030

(e) The individual became unemployed because of dishonesty in	85031
connection with the individual's most recent or any base period	85032
work. Remuneration earned in such work shall be excluded from the	85033
individual's total base period remuneration and qualifying weeks	85034
that otherwise would be credited to the individual for such work	85035
in the individual's base period shall not be credited for the	85036
purpose of determining the total benefits to which the individual	85037
is eligible and the weekly benefit amount to be paid under section	85038
4141.30 of the Revised Code. Such excluded remuneration and	85039
noncredited qualifying weeks shall be excluded from the	85040
calculation of the maximum amount to be charged, under division	85041
(D) of section 4141.24 and section 4141.33 of the Revised Code,	85042
against the accounts of the individual's base period employers. In	85043
addition, no benefits shall thereafter be paid to the individual	85044
based upon such excluded remuneration or noncredited qualifying	85045
weeks.	85046

For purposes of division (D)(2)(e) of this section,	85047
"dishonesty" means the commission of substantive theft, fraud, or	85048
deceitful acts.	85049

(E) No individual otherwise qualified to receive benefits	85050
shall lose the right to benefits by reason of a refusal to accept	85051
new work if:	85052

(1) As a condition of being so employed the individual would	85053
be required to join a company union, or to resign from or refrain	85054
from joining any bona fide labor organization, or would be denied	85055
the right to retain membership in and observe the lawful rules of	85056
any such organization.	85057

(2) The position offered is vacant due directly to a strike,	85058
lockout, or other labor dispute.	85059

(3) The work is at an unreasonable distance from the	85060
individual's residence, having regard to the character of the work	85061
the individual has been accustomed to do, and travel to the place	85062
of work involves expenses substantially greater than that required	85063
for the individual's former work, unless the expense is provided	85064
for.	85065

(4) The remuneration, hours, or other conditions of the work	85066
offered are substantially less favorable to the individual than	85067
those prevailing for similar work in the locality.	85068

(F) Subject to the special exceptions contained in division	85069
(A)(4)(f) of this section and section 4141.301 of the Revised	85070
Code, in determining whether any work is suitable for a claimant	85071
in the administration of this chapter, the director, in addition	85072
to the determination required under division (E) of this section,	85073
shall consider the degree of risk to the claimant's health,	85074
safety, and morals, the individual's physical fitness for the	85075
work, the individual's prior training and experience, the length	85076
of the individual's unemployment, the distance of the available	85077
work from the individual's residence, and the individual's	85078
prospects for obtaining local work.	85079

(G) The "duration of unemployment" as used in this section	85080
means the full period of unemployment next ensuing after a	85081
separation from any base period or subsequent work and until an	85082
individual has become reemployed in employment subject to this	85083
chapter, or the unemployment compensation act of another state, or	85084
of the United States, and until such individual has worked six	85085
weeks and for those weeks has earned or been paid remuneration	85086
equal to six times an average weekly wage of not less than:	85087
eighty-five dollars and ten cents per week beginning on June 26,	85088
1990; and beginning on and after January 1, 1992, twenty-seven and	85089
one-half per cent of the statewide average weekly wage as computed	85090
each first day of January under division (B)(3) of section 4141.30	85091
of the Revised Code, rounded down to the nearest dollar, except	85092
for purposes of division (D)(2)(c) of this section, such term	85093
means the full period of unemployment next ensuing after a	85094
separation from such work and until such individual has become	85095
reemployed subject to the terms set forth above, and has earned	85096
wages equal to one-half of the individual's average weekly wage or	85097
sixty dollars, whichever is less.	85098

(H) If a claimant is disqualified under division (D)(2)(a),	85099
(c), or (d) of this section or found to be qualified under the	85100
exceptions provided in division (D)(2)(a)(i), (iii), or (iv), or	85101
(v) of this section or division (A)(2) of section 4141.291 of the	85102
Revised Code, then benefits that may become payable to such	85103
claimant, which are chargeable to the account of the employer from	85104
whom the individual was separated under such conditions, shall be	85105
charged to the mutualized account provided in section 4141.25 of	85106
the Revised Code, provided that no charge shall be made to the	85107
mutualized account for benefits chargeable to a reimbursing	85108
employer, except as provided in division (D)(2) of section 4141.24	85109
of the Revised Code. In the case of a reimbursing employer, the	85110
director shall refund or credit to the account of the reimbursing	85111
employer any over-paid benefits that are recovered under division	85112
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	85113
other states, the United States, or Canada that are subject to	85114
agreements and arrangements that are established pursuant to	85115
section 4141.43 of the Revised Code shall be credited or	85116
reimbursed according to the agreements and arrangements to which	85117
the chargeable amounts are subject.	85118

(I)(1) Benefits based on service in employment as provided in	85119
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	85120
shall be payable in the same amount, on the same terms, and	85121
subject to the same conditions as benefits payable on the basis of	85122
other service subject to this chapter; except that after December	85123
31, 1977:	85124

(a) Benefits based on service in an instructional, research,	85125
or principal administrative capacity in an institution of higher	85126
education, as defined in division (Y) of section 4141.01 of the	85127
Revised Code; or for an educational institution as defined in	85128
division (CC) of section 4141.01 of the Revised Code, shall not be	85129
paid to any individual for any week of unemployment that begins	85130
during the period between two successive academic years or terms,	85131
or during a similar period between two regular but not successive	85132
terms or during a period of paid sabbatical leave provided for in	85133
the individual's contract, if the individual performs such	85134
services in the first of those academic years or terms and has a	85135
contract or a reasonable assurance that the individual will	85136
perform services in any such capacity for any such institution in	85137
the second of those academic years or terms.	85138

(b) Benefits based on service for an educational institution	85139
or an institution of higher education in other than an	85140
instructional, research, or principal administrative capacity,	85141
shall not be paid to any individual for any week of unemployment	85142
which begins during the period between two successive academic	85143
years or terms of the employing educational institution or	85144
institution of higher education, provided the individual performed	85145
those services for the educational institution or institution of	85146
higher education during the first such academic year or term and,	85147
there is a reasonable assurance that such individual will perform	85148
those services for any educational institution or institution of	85149
higher education in the second of such academic years or terms.	85150

If compensation is denied to any individual for any week	85151
under division (I)(1)(b) of this section and the individual was	85152
not offered an opportunity to perform those services for an	85153
institution of higher education or for an educational institution	85154
for the second of such academic years or terms, the individual is	85155
entitled to a retroactive payment of compensation for each week	85156
for which the individual timely filed a claim for compensation and	85157
for which compensation was denied solely by reason of division	85158
(I)(1)(b) of this section. An application for retroactive benefits	85159
shall be timely filed if received by the director or the	85160
director's deputy within or prior to the end of the fourth full	85161
calendar week after the end of the period for which benefits were	85162
denied because of reasonable assurance of employment. The	85163
provision for the payment of retroactive benefits under division	85164
(I)(1)(b) of this section is applicable to weeks of unemployment	85165
beginning on and after November 18, 1983. The provisions under	85166
division (I)(1)(b) of this section shall be retroactive to	85167
September 5, 1982, only if, as a condition for full tax credit	85168
against the tax imposed by the "Federal Unemployment Tax Act," 53	85169
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	85170
secretary of labor determines that retroactivity is required by	85171
federal law.	85172

(c) With respect to weeks of unemployment beginning after	85173
December 31, 1977, benefits shall be denied to any individual for	85174
any week which commences during an established and customary	85175
vacation period or holiday recess, if the individual performs any	85176
services described in divisions (I)(1)(a) and (b) of this section	85177
in the period immediately before the vacation period or holiday	85178
recess, and there is a reasonable assurance that the individual	85179
will perform any such services in the period immediately following	85180
the vacation period or holiday recess.	85181

(d) With respect to any services described in division	85182
(I)(1)(a), (b), or (c) of this section, benefits payable on the	85183
basis of services in any such capacity shall be denied as	85184
specified in division (I)(1)(a), (b), or (c) of this section to	85185
any individual who performs such services in an educational	85186
institution or institution of higher education while in the employ	85187
of an educational service agency. For this purpose, the term	85188
"educational service agency" means a governmental agency or	85189
governmental entity that is established and operated exclusively	85190
for the purpose of providing services to one or more educational	85191
institutions or one or more institutions of higher education.	85192

(e) Any individual employed by a county board of	85193
developmental disabilities shall be notified by the thirtieth day	85194
of April each year if the individual is not to be reemployed the	85195
following academic year.	85196

(f) Any individual employed by a school district, other than	85197
a municipal school district as defined in section 3311.71 of the	85198
Revised Code, shall be notified by the first day of June each year	85199
if the individual is not to be reemployed the following academic	85200
year.	85201

(2) No disqualification will be imposed, between academic	85202
years or terms or during a vacation period or holiday recess under	85203
this division, unless the director or the director's deputy has	85204
received a statement in writing from the educational institution	85205
or institution of higher education that the claimant has a	85206
contract for, or a reasonable assurance of, reemployment for the	85207
ensuing academic year or term.	85208

(3) If an individual has employment with an educational	85209
institution or an institution of higher education and employment	85210
with a noneducational employer, during the base period of the	85211
individual's benefit year, then the individual may become eligible	85212
for benefits during the between-term, or vacation or holiday	85213
recess, disqualification period, based on employment performed for	85214
the noneducational employer, provided that the employment is	85215
sufficient to qualify the individual for benefit rights separately	85216
from the benefit rights based on school employment. The weekly	85217
benefit amount and maximum benefits payable during a	85218
disqualification period shall be computed based solely on the	85219
nonschool employment.	85220

(J) Benefits shall not be paid on the basis of employment	85221
performed by an alien, unless the alien had been lawfully admitted	85222
to the United States for permanent residence at the time the	85223
services were performed, was lawfully present for purposes of	85224
performing the services, or was otherwise permanently residing in	85225
the United States under color of law at the time the services were	85226
performed, under section 212(d)(5) of the "Immigration and	85227
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	85228

(1) Any data or information required of individuals applying	85229
for benefits to determine whether benefits are not payable to them	85230
because of their alien status shall be uniformly required from all	85231
applicants for benefits.	85232

(2) In the case of an individual whose application for	85233
benefits would otherwise be approved, no determination that	85234
benefits to the individual are not payable because of the	85235
individual's alien status shall be made except upon a	85236
preponderance of the evidence that the individual had not, in	85237
fact, been lawfully admitted to the United States.	85238

(K) The director shall establish and utilize a system of	85239
profiling all new claimants under this chapter that:	85240

(1) Identifies which claimants will be likely to exhaust	85241
regular compensation and will need job search assistance services	85242
to make a successful transition to new employment;	85243

(2) Refers claimants identified pursuant to division (K)(1)	85244
of this section to reemployment services, such as job search	85245
assistance services, available under any state or federal law;	85246

(3) Collects follow-up information relating to the services	85247
received by such claimants and the employment outcomes for such	85248
claimant's subsequent to receiving such services and utilizes such	85249
information in making identifications pursuant to division (K)(1)	85250
of this section; and	85251

(4) Meets such other requirements as the United States	85252
secretary of labor determines are appropriate.	85253

Sec. 4301.01. (A) As used in the Revised Code:

85254

(1) "Intoxicating liquor" and "liquor" include all liquids	85255
and compounds, other than beer, containing one-half of one per	85256
cent or more of alcohol by volume which are fit to use for	85257
beverage purposes, from whatever source and by whatever process	85258
produced, by whatever name called, and whether they are medicated,	85259
proprietary, or patented. "Intoxicating liquor" and "liquor"	85260
include ~~wine even if it contains less than four per cent of~~	85261
~~alcohol by volume, mixed beverages even if they contain less than~~	85262
~~four per cent of alcohol by volume,~~ cider,and alcohol, and all	85263
solids and confections which contain ~~any alcohol~~one-half of one	85264
per cent or more of alcohol by volume.	85265

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	85266
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	85267
Revised Code, "sale" and "sell" include exchange, barter, gift,	85268
offer for sale, sale, distribution and delivery of any kind, and	85269
the transfer of title or possession of beer and intoxicating	85270
liquor either by constructive or actual delivery by any means or	85271
devices whatever, including the sale of beer or intoxicating	85272
liquor by means of a controlled access alcohol and beverage	85273
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	85274
and "sell" do not include the mere solicitation of orders for beer	85275
or intoxicating liquor from the holders of permits issued by the	85276
division of liquor control authorizing the sale of the beer or	85277
intoxicating liquor, but no solicitor shall solicit any such	85278
orders until the solicitor has been registered with the division	85279
pursuant to section 4303.25 of the Revised Code.	85280

(3) "Vehicle" includes all means of transportation by land,	85281
by water, or by air, and everything made use of in any way for	85282
such transportation.	85283

(B) As used in this chapter:

85284

(1) "Alcohol" means ethyl alcohol, whether rectified or	85285
diluted with water or not, whatever its origin may be, and	85286
includes synthetic ethyl alcohol. "Alcohol" does not include	85287
denatured alcohol and wood alcohol.	85288

(2) "Beer" includes all beverages brewed or fermented wholly	85289
or in part from malt products and containing one-half of one per	85290
cent or more, but not more than twelve per cent, of alcohol by	85291
volume.	85292

(3) "Wine" includes all liquids fit to use for beverage	85293
purposes containing not less than one-half of one per cent of	85294
alcohol by volume and not more than twenty-one per cent of alcohol	85295
by volume, which is made from the fermented juices of grapes,	85296
fruits, or other agricultural products, except that as used in	85297
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	85298
Revised Code, and, for purposes of determining the rate of the tax	85299
that applies, division (B) of section 4301.43 of the Revised Code,	85300
"wine" does not include cider.	85301

(4) "Mixed beverages," ~~such as~~include bottled and prepared	85302
cordials, cocktails, ~~and~~ highballs, and solids and confections	85303
that are ~~products~~ obtained by mixing any type of whiskey, neutral	85304
spirits, brandy, gin, or other distilled spirits with, or over,	85305
carbonated or plain water, pure juices from flowers and plants,	85306
and other flavoring materials. The completed product shall contain	85307
not less than one-half of one per cent of alcohol by volume and	85308
not more than twenty-one per cent of alcohol by volume.	85309

(5) "Spirituous liquor" includes all intoxicating liquors	85310
containing more than twenty-one per cent of alcohol by volume.	85311

(6) "Sealed container" means any container having a capacity	85312
of not more than one hundred twenty-eight fluid ounces, the	85313
opening of which is closed to prevent the entrance of air.	85314

(7) "Person" includes firms and corporations.

85315

(8) "Manufacture" includes all processes by which beer or	85316
intoxicating liquor is produced, whether by distillation,	85317
rectifying, fortifying, blending, fermentation, or brewing, or in	85318
any other manner.	85319

(9) "Manufacturer" means any person engaged in the business	85320
of manufacturing beer or intoxicating liquor.	85321

(10) "Wholesale distributor" and "distributor" means a person	85322
engaged in the business of selling to retail dealers for purposes	85323
of resale.	85324

(11) "Hotel" has the same meaning as in section 3731.01 of	85325
the Revised Code, subject to the exceptions mentioned in section	85326
3731.03 of the Revised Code.	85327

(12) "Restaurant" means a place located in a permanent	85328
building provided with space and accommodations wherein, in	85329
consideration of the payment of money, hot meals are habitually	85330
prepared, sold, and served at noon and evening, as the principal	85331
business of the place. "Restaurant" does not include pharmacies,	85332
confectionery stores, lunch stands, night clubs, and filling	85333
stations.	85334

(13) "Club" means a corporation or association of individuals	85335
organized in good faith for social, recreational, benevolent,	85336
charitable, fraternal, political, patriotic, or athletic purposes,	85337
which is the owner, lessor, or occupant of a permanent building or	85338
part of a permanent building operated solely for those purposes,	85339
membership in which entails the prepayment of regular dues, and	85340
includes the place so operated.	85341

(14) "Night club" means a place operated for profit, where	85342
food is served for consumption on the premises and one or more	85343
forms of amusement are provided or permitted for a consideration	85344
that may be in the form of a cover charge or may be included in	85345
the price of the food and beverages, or both, purchased by	85346
patrons.	85347

(15) "At retail" means for use or consumption by the	85348
purchaser and not for resale.	85349

(16) "Pharmacy" means an establishment, as defined in section	85350
4729.01 of the Revised Code, that is under the management or	85351
control of a licensed pharmacist in accordance with section	85352
4729.27 of the Revised Code.	85353

(17) "Enclosed shopping center" means a group of retail sales	85354
and service business establishments that face into an enclosed	85355
mall, share common ingress, egress, and parking facilities, and	85356
are situated on a tract of land that contains an area of not less	85357
than five hundred thousand square feet. "Enclosed shopping center"	85358
also includes not more than one business establishment that is	85359
located within a free-standing building on such a tract of land,	85360
so long as the sale of beer and intoxicating liquor on the tract	85361
of land was approved in an election held under former section	85362
4301.353 of the Revised Code.	85363

(18) "Controlled access alcohol and beverage cabinet" means a	85364
closed container, either refrigerated, in whole or in part, or	85365
nonrefrigerated, access to the interior of which is restricted by	85366
means of a device that requires the use of a key, magnetic card,	85367
or similar device and from which beer, intoxicating liquor, other	85368
beverages, or food may be sold.	85369

(19) "Community facility" means either of the following:

85370

(a) Any convention, sports, or entertainment facility or	85371
complex, or any combination of these, that is used by or	85372
accessible to the general public and that is owned or operated in	85373
whole or in part by the state, a state agency, or a political	85374
subdivision of the state or that is leased from, or located on	85375
property owned by or leased from, the state, a state agency, a	85376
political subdivision of the state, or a convention facilities	85377
authority created pursuant to section 351.02 of the Revised Code;	85378

(b) An area designated as a community entertainment district	85379
pursuant to section 4301.80 of the Revised Code.	85380

(20) "Low-alcohol beverage" means any brewed or fermented	85381
malt product, or any product made from the fermented juices of	85382
grapes, fruits, or other agricultural products, that contains	85383
either no alcohol or less than one-half of one per cent of alcohol	85384
by volume. The beverages described in division (B)(20) of this	85385
section do not include a soft drink such as root beer, birch beer,	85386
or ginger beer.	85387

(21) "Cider" means all liquids fit to use for beverage	85388
purposes that contain one-half of one per cent of alcohol by	85389
volume, but not more than six per cent of alcohol by weight, and	85390
that are made through the normal alcoholic fermentation of the	85391
juice of sound, ripe apples, including, without limitation,	85392
flavored, sparkling, or carbonated cider and cider made from pure	85393
condensed apple must.	85394

(22) "Sales area or territory" means an exclusive geographic	85395
area or territory that is assigned to a particular A or B permit	85396
holder and that either has one or more political subdivisions as	85397
its boundaries or consists of an area of land with readily	85398
identifiable geographic boundaries. "Sales area or territory" does	85399
not include, however, any particular retail location in an	85400
exclusive geographic area or territory that had been assigned to	85401
another A or B permit holder before April 9, 2001.	85402

Sec. 4301.10. (A) The division of liquor control shall do	85403
all of the following:	85404

(1) Control the traffic in beer and intoxicating liquor in	85405
this state, including the manufacture, importation, and sale of	85406
beer and intoxicating liquor;	85407

(2) Grant or refuse permits for the manufacture,	85408
distribution, transportation, and sale of beer and intoxicating	85409
liquor and the sale of alcohol, as authorized or required by this	85410
chapter and Chapter 4303. of the Revised Code. A certificate,	85411
signed by the superintendent of liquor control and to which is	85412
affixed the official seal of the division, stating that it appears	85413
from the records of the division that no permit has been issued to	85414
the person specified in the certificate, or that a permit, if	85415
issued, has been revoked, canceled, or suspended, shall be	85416
received as prima-facie evidence of the facts recited in the	85417
certificate in any court or before any officer of this state.	85418

(3) Put into operation, manage, and control a system of state	85419
liquor stores for the sale of spirituous liquor at retail and to	85420
holders of permits authorizing the sale of spirituous liquor;	85421
however, the division shall not establish any drive-in state	85422
liquor stores; and by means of those types of stores, and any	85423
manufacturing plants, distributing and bottling plants,	85424
warehouses, and other facilities that it considers expedient,	85425
establish and maintain a state monopoly of the distribution of	85426
spirituous liquor and its sale in packages or containers; and for	85427
that purpose, manufacture, buy, import, possess, and sell	85428
spirituous liquors as provided in this chapter and Chapter 4303.	85429
of the Revised Code, and in the rules promulgated by the	85430
superintendent of liquor control pursuant to those chapters; lease	85431
or in any manner acquire the use of any land or building required	85432
for any of those purposes; purchase any equipment that is	85433
required; and borrow money to carry on its business, and issue,	85434
sign, endorse, and accept notes, checks, and bills of exchange;	85435
but all obligations of the division created under authority of	85436
this division shall be a charge only upon the moneys received by	85437
the division from the sale of spirituous liquor and its other	85438
business transactions in connection with the sale of spirituous	85439
liquor, and shall not be general obligations of the state;	85440

(4) Enforce the administrative provisions of this chapter and	85441
Chapter 4303. of the Revised Code, and the rules and orders of the	85442
liquor control commission and the superintendent relating to the	85443
manufacture, importation, transportation, distribution, and sale	85444
of beer or intoxicating liquor. The attorney general, any	85445
prosecuting attorney, and any prosecuting officer of a municipal	85446
corporation or a municipal court shall, at the request of the	85447
division of liquor control or the department of public safety,	85448
prosecute any person charged with the violation of any provision	85449
in those chapters or of any section of the Revised Code relating	85450
to the manufacture, importation, transportation, distribution, and	85451
sale of beer or intoxicating liquor.	85452

(5) Determine the locations of all state liquor stores and	85453
manufacturing, distributing, and bottling plants required in	85454
connection with those stores, subject to this chapter and Chapter	85455
4303. of the Revised Code;	85456

(6) Conduct inspections of liquor permit premises to	85457
determine compliance with the administrative provisions of this	85458
chapter and Chapter 4303. of the Revised Code and the rules	85459
adopted under those provisions by the liquor control commission.	85460

Except as otherwise provided in division (A)(6) of this	85461
section, those inspections may be conducted only during those	85462
hours in which the permit holder is open for business and only by	85463
authorized agents or employees of the division or by any peace	85464
officer, as defined in section 2935.01 of the Revised Code.	85465
Inspections may be conducted at other hours only to determine	85466
compliance with laws or commission rules that regulate the hours	85467
of sale of beer or intoxicating liquor and only if the	85468
investigator has reasonable cause to believe that those laws or	85469
rules are being violated. Any inspection conducted pursuant to	85470
division (A)(6) of this section is subject to all of the following	85471
requirements:	85472

(a) The only property that may be confiscated is contraband,	85473
as defined in section 2901.01 of the Revised Code, or property	85474
that is otherwise necessary for evidentiary purposes.	85475

(b) A complete inventory of all property confiscated from the	85476
premises shall be given to the permit holder or the permit	85477
holder's agent or employee by the confiscating agent or officer at	85478
the conclusion of the inspection. At that time, the inventory	85479
shall be signed by the confiscating agent or officer, and the	85480
agent or officer shall give the permit holder or the permit	85481
holder's agent or employee the opportunity to sign the inventory.	85482

(c) Inspections conducted pursuant to division (A)(6) of this	85483
section shall be conducted in a reasonable manner. A finding by	85484
any court of competent jurisdiction that an inspection was not	85485
conducted in a reasonable manner in accordance with this section	85486
or any rules adopted by the commission may be considered grounds	85487
for suppression of evidence. A finding by the commission that an	85488
inspection was not conducted in a reasonable manner in accordance	85489
with this section or any rules adopted by it may be considered	85490
grounds for dismissal of the commission case.	85491

If any court of competent jurisdiction finds that property	85492
confiscated as the result of an administrative inspection is not	85493
necessary for evidentiary purposes and is not contraband, as	85494
defined in section 2901.01 of the Revised Code, the court shall	85495
order the immediate return of the confiscated property, provided	85496
that property is not otherwise subject to forfeiture, to the	85497
permit holder. However, the return of this property is not grounds	85498
for dismissal of the case. The commission likewise may order the	85499
return of confiscated property if no criminal prosecution is	85500
pending or anticipated.	85501

(7) Delegate to any of its agents or employees any power of	85502
investigation that the division possesses with respect to the	85503
enforcement of any of the administrative laws relating to beer or	85504
intoxicating liquor, provided that this division does not	85505
authorize the division to designate any agent or employee to serve	85506
as an enforcement agent. The employment and designation of	85507
enforcement agents shall be within the exclusive authority of the	85508
director of public safety pursuant to sections 5502.13 to 5502.19	85509
of the Revised Code.	85510

(8) Collect the following fees:

85511

(a) A biennial fifty-dollar registration fee for each agent,	85512
solicitor, trade marketing professional, or salesperson,	85513
registered pursuant to section 4303.25 of the Revised Code, of a	85514
beer or intoxicating liquor manufacturer, supplier, broker, trade	85515
marketing company, or wholesale distributor doing business in this	85516
state;	85517

(b) A fifty-dollar product registration fee for each new beer	85518
or intoxicating liquor product sold in this state. The product	85519
registration fee also applies to products sold in this state by	85520
B-2a and S permit holders. The product registration fee shall be	85521
accompanied by a copy of the federal label and product approval	85522
for the new product.	85523

(c) An annual three-hundred-dollar supplier registration fee	85524
from each manufacturer or supplier that produces and ships into	85525
this state, or ships into this state, intoxicating liquor or beer,	85526
in addition to an initial application fee of one hundred dollars.	85527
A manufacturer that produces and ships beer or wine into this	85528
state and that holds only an S permit is exempt from the supplier	85529
registration fee. A manufacturer that produces and ships wine into	85530
this state and that holds a B-2a permit shall pay an annual	85531
seventy-six-dollar supplier registration fee. A manufacturer that	85532
produces and ships wine into this state and that does not hold	85533
either an S or a B-2a permit, but that produces less than two	85534
hundred fifty thousand gallons of wine per year and that is	85535
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	85536
annual seventy-six-dollar supplier registration fee. A B-2a or S	85537
permit holder that does not sell its wine to wholesale	85538
distributors of wine in this state and an S permit holder that	85539
does not sell its beer to wholesale distributors of beer in this	85540
state shall not be required to submit to the division territory	85541
designation forms.	85542

Each supplier, agent, solicitor, trade marketing	85543
professional, or salesperson registration issued under this	85544
division shall authorize the person named to carry on the activity	85545
specified in the registration. Each agent, solicitor, trade	85546
marketing professional, or salesperson registration is valid for	85547
two years or for the unexpired portion of a two-year registration	85548
period. Each supplier registration is valid for one year or for	85549
the unexpired portion of a one-year registration period.	85550
Registrations shall end on their respective uniform expiration	85551
date, which shall be designated by the division, and are subject	85552
to suspension, revocation, cancellation, or fine as authorized by	85553
this chapter and Chapter 4303. of the Revised Code.	85554

As used in this division, "trade marketing company" and	85555
"trade marketing professional" have the same meanings as in	85556
section 4301.171 of the Revised Code.	85557

(9) Establish a system of electronic data interchange within	85558
the division and regulate the electronic transfer of information	85559
and funds among persons and governmental entities engaged in the	85560
manufacture, distribution, and retail sale of alcoholic beverages;	85561

(10) Notify all holders of retail permits of the forms of	85562
permissible identification for purposes of division (A) of section	85563
4301.639 of the Revised Code;	85564

(11) Exercise all other powers expressly or by necessary	85565
implication conferred upon the division by this chapter and	85566
Chapter 4303. of the Revised Code, and all powers necessary for	85567
the exercise or discharge of any power, duty, or function	85568
expressly conferred or imposed upon the division by those	85569
chapters.	85570

(B) The division may do all of the following:

85571

(1) Sue, but may be sued only in connection with the	85572
execution of leases of real estate and the purchases and contracts	85573
necessary for the operation of the state liquor stores that are	85574
made under this chapter and Chapter 4303. of the Revised Code;	85575

(2) Enter into leases and contracts of all descriptions and	85576
acquire and transfer title to personal property with regard to the	85577
sale, distribution, and storage of spirituous liquor within the	85578
state;	85579

(3) Terminate at will any lease entered into pursuant to	85580
division (B)(2) of this section upon first giving ninety days'	85581
notice in writing to the lessor of its intention to do so;	85582

(4) Fix the wholesale and retail prices at which the various	85583
classes, varieties, and brands of spirituous liquor shall be sold	85584
by the division. Those retail prices shall be the same at all	85585
state liquor stores, except to the extent that a price	85586
differential is required to collect a county sales tax levied	85587
pursuant to section 5739.021 of the Revised Code and for which tax	85588
the tax commissioner has authorized prepayment pursuant to section	85589
5739.05 of the Revised Code. In fixing selling prices, the	85590
division shall compute an anticipated gross profit at least	85591
sufficient to provide in each calendar year all costs and expenses	85592
of the division and also an adequate working capital reserve for	85593
the division. The gross profit shall not exceed forty per cent of	85594
the retail selling price based on costs of the division, and in	85595
addition the sum required by section 4301.12 of the Revised Code	85596
to be paid into the state treasury. An amount equal to one and	85597
one-half per cent of that gross profit shall be paid into the	85598
statewide treatment and prevention fund created by section 4301.30	85599
of the Revised Code and be appropriated by the general assembly	85600
from the fund to the department of ~~alcohol and drug addiction~~	85601
~~services~~mental health and addiction services as provided in	85602
section 4301.30 of the Revised Code.	85603

On spirituous liquor manufactured in this state from the	85604
juice of grapes or fruits grown in this state, the division shall	85605
compute an anticipated gross profit of not to exceed ten per cent.	85606

The wholesale prices fixed under this division shall be at a	85607
discount of not less than six per cent of the retail selling	85608
prices as determined by the division in accordance with this	85609
section.	85610

(C) The division may approve the expansion or diminution of a	85611
premises to which a liquor permit has been issued and may adopt	85612
standards governing such an expansion or diminution.	85613

Sec. 4301.171. (A) As used in this section:

85614

(1) "Agency store" includes an area that is immediately	85615
adjacent to an agency store if beer and other intoxicating liquor	85616
are sold in the area and if the area and the agency store are	85617
located on the same premises.	85618

(2) "Broker" and "solicitor" have the same meanings as in	85619
rules adopted by the superintendent of liquor control under	85620
section 4303.25 of the Revised Code.	85621

~~(2)~~(3) "Tasting sample" means a small amount of spirituous	85622
liquor that is provided in a serving of not more than a quarter	85623
ounce of spirituous liquor and, if provided, not more than one	85624
ounce of nonalcoholic mixer to an authorized purchaser and that	85625
allows the purchaser to determine, by tasting only, the quality	85626
and character of the beverage.	85627

~~(3)~~(4) "Trade marketing company" means a company that	85628
solicits the purchase of beer and intoxicating liquor and educates	85629
the public about beer and intoxicating liquor.	85630

~~(4)~~(5) "Trade marketing professional" means an individual who	85631
is an employee of, or is under contract with, a trade marketing	85632
company and who has successfully completed a training program	85633
described in section 4301.253 of the Revised Code.	85634

(B) Notwithstanding section 4301.24 of the Revised Code, an	85635
agency store to which a D-8 permit has been issued may allow a	85636
trade marketing professional, broker, or solicitor to offer for	85637
sale tasting samples of spirituous liquor when conducted in	85638
accordance with this section. A tasting sample shall not be sold	85639
for the purpose of general consumption.	85640

(C) Tasting samples of spirituous liquor may be offered for	85641
sale at an agency store by a trade marketing professional, broker,	85642
or solicitor if all of the following apply:	85643

(1) The tasting samples are sold ~~only~~ in the area of the	85644
agency store ~~in which spirituous liquor is sold and that area~~that	85645
is open to the public.	85646

(2) The tasting samples are sold only by the trade marketing	85647
professional, broker, or solicitor.	85648

(3) The spirituous liquor is registered under division (A)(8)	85649
of section 4301.10 of the Revised Code.	85650

(4) Not less than ~~five~~ten business days prior to the sale,	85651
the trade marketing professional, broker, or solicitor has	85652
provided written notice to the division of liquor control of the	85653
date and time of the sampling, and of the type and brand of	85654
spirituous liquor to be sampled at the agency store.	85655

(D) A sale of tasting samples of spirituous liquor is subject	85656
to rules adopted by the superintendent of liquor control or the	85657
liquor control commission.	85658

(E) An offering for sale of tasting samples of spirituous	85659
liquor shall be limited to a period of not more than two hours.	85660

(F) For purposes of offering for sale tasting samples of	85661
spirituous liquor, ana trade marketing professional, broker, or	85662
solicitor shall purchase the spirituous liquor from the agency	85663
store ~~shall purchase the spirituous liquor~~ at the current retail	85664
price. An authorized purchaser shall be charged not less than	85665
fifty cents for each tasting sample of spirituous liquor. ~~However,~~	85666
~~the aggregate amount charged for the sale of tasting samples shall~~	85667
~~be sufficient to cover the wholesale price of the spirituous~~	85668
~~liquor being tasted as that price is fixed under division (B)(4)~~	85669
~~of section 4301.10 of the Revised Code. Of the amount collected~~	85670
~~from the sale of tasting samples of spirituous liquor, the trade~~	85671
~~marketing professional, broker, or solicitor shall reimburse the~~	85672
~~agency store for the amount of the retail price of the spirituous~~	85673
~~liquor.~~ When the sale of tasting samples of spirituous liquor at	85674
an agency store is completed, any bottles of spirituous liquor	85675
used to provide tasting samples that are not empty shall be marked	85676
as "sample" and removed from the agency store by the trade	85677
marketing professional, broker, or solicitor, as applicable.	85678

(G) No trade marketing professional, broker, or solicitor	85679
shall do any of the following:	85680

(1) Advertise the offering for sale of tasting samples of	85681
spirituous liquor other than at the agency store where the tasting	85682
samples will be offered;	85683

(2) Solicit orders or make sales of tasting samples of	85684
spirituous liquor for quantities greater than those specified in	85685
division (G)(3) of this section;	85686

(3) Allow any authorized purchaser to consume more than four	85687
tasting samples of spirituous liquor per day.	85688

(H) The purchase of a tasting sample of spirituous liquor	85689
shall not be contingent upon the purchase of any other product	85690
from an agency store.	85691

(I) No employee of an agency store that allows the sale of	85692
tasting samples of spirituous liquor shall purchase or consume a	85693
tasting sample while on duty.	85694

(J) If an employee of an agency store that allows the sale of	85695
tasting samples of spirituous liquor consumes a tasting sample of	85696
spirituous liquor, the employee shall not perform the employee's	85697
duties and responsibilities at the agency store on the day the	85698
tasting sample is consumed.	85699

(K) No person under twenty-one years of age shall consume a	85700
tasting sample of spirituous liquor.	85701

(L) Not more than ~~five~~three events at which the sale of	85702
tasting samples of spirituous liquor are offered shall occur at an	85703
agency store in a calendar ~~month~~week provided that:	85704

(1) Not more than two events shall occur in the same day; and

85705

(2) There is not less than one hour between the end of one	85706
event and the beginning of the next event.	85707

(M) No trade marketing professional, trade marketing company,	85708
broker, solicitor, owner or operator of an agency store, or an	85709
agent or employee of the owner or operator shall violate this	85710
section or any rules adopted by the superintendent or the	85711
commission for the purposes of this section.	85712

Sec. 4301.30. (A) All fees collected by the division of	85713
liquor control shall be deposited in the state treasury to the	85714
credit of the undivided liquor permit fund, which is hereby	85715
created, at the time prescribed under section 4301.12 of the	85716
Revised Code. Each payment shall be accompanied by a statement	85717
showing separately the amount collected for each class of permits	85718
in each municipal corporation and in each township outside the	85719
limits of any municipal corporation in such township.	85720

(B)(1) An amount equal to forty-five per cent of the fund	85721
shall be paid from the fund into the state liquor regulatory fund,	85722
which is hereby created in the state treasury. The state liquor	85723
regulatory fund shall be used to pay the operating expenses of the	85724
division of liquor control in administering and enforcing Title	85725
XLIII of the Revised Code and the operating expenses of the liquor	85726
control commission. Investment earnings of the fund shall be	85727
credited to the fund.	85728

(2) Whenever, in the judgment of the director of budget and	85729
management, the amount of money that is in the state liquor	85730
regulatory fund is in excess of the amount that is needed to pay	85731
the operating expenses of the division in administering and	85732
enforcing Title XLIII of the Revised Code and the operating	85733
expenses of the commission, the director shall credit the excess	85734
amount to the general revenue fund.	85735

(C) Twenty per cent of the undivided liquor permit fund shall	85736
be paid into the statewide treatment and prevention fund, which is	85737
hereby created in the state treasury. This amount shall be	85738
appropriated by the general assembly, together with an amount	85739
equal to one and one-half per cent of the gross profit of the	85740
division of liquor control derived under division (B)(4) of	85741
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	85742
~~and drug addiction services~~mental health and addiction services.	85743
In planning for the allocation of and in allocating these amounts	85744
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	85745
department ~~of alcohol and drug addiction services~~ shall comply	85746
with the nondiscrimination provisions of Title VI of the Civil	85747
Rights Act of 1964, and any rules adopted under that act.	85748

(D) Thirty-five per cent of the undivided liquor permit fund	85749
shall be distributed by the superintendent of liquor control at	85750
quarterly calendar periods as follows:	85751

(1) To each municipal corporation, the aggregate amount shown	85752
by the statements to have been collected from permits in the	85753
municipal corporation, for the use of the general fund of the	85754
municipal corporation;	85755

(2) To each township, the aggregate amount shown by the	85756
statements to have been collected from permits in its territory,	85757
outside the limits of any municipal corporation located in the	85758
township, for the use of the general fund of the township, or for	85759
fire protection purposes, including buildings and equipment in the	85760
township or in an established fire district within the township,	85761
to the extent that the funds are derived from liquor permits	85762
within the territory comprising such fire district.	85763

(E) For the purpose of the distribution required by this	85764
section, E, H, and D permits covering boats or vessels are deemed	85765
to have been issued in the municipal corporation or township	85766
wherein the owner or operator of the vehicle, boat, vessel, or	85767
dining car equipment to which the permit relates has the owner's	85768
or operator's principal office or place of business within the	85769
state.	85770

(F) If the liquor control commission determines that the	85771
police or other officers of any municipal corporation or township	85772
entitled to share in distributions under this section are refusing	85773
or culpably neglecting to enforce this chapter and Chapter 4303.	85774
of the Revised Code, or the penal laws of this state relating to	85775
the manufacture, importation, transportation, distribution, and	85776
sale of beer and intoxicating liquors, or if the prosecuting	85777
officer of a municipal corporation or a municipal court fails to	85778
comply with the request of the commission authorized by division	85779
(A)(4) of section 4301.10 of the Revised Code, the commission, by	85780
certified mail, may notify the chief executive officer of the	85781
municipal corporation or the board of township trustees of the	85782
township of the failure and require the immediate cooperation of	85783
the responsible officers of the municipal corporation or township	85784
with the division of liquor control in the enforcement of those	85785
chapters and penal laws. Within thirty days after the notice is	85786
served, the commission shall determine whether the requirement has	85787
been complied with. If the commission determines that the	85788
requirement has not been complied with, it may issue an order to	85789
the superintendent to withhold the distributive share of the	85790
municipal corporation or township until further order of the	85791
commission. This action of the commission is reviewable within	85792
thirty days thereafter in the court of common pleas of Franklin	85793
county.	85794

(G) All fees collected by the division of liquor control from	85795
the issuance or renewal of B-2a and S permits, and paid by B-2a	85796
and S permit holders who do not also hold A-2 permits, shall be	85797
deposited in the state treasury to the credit of the state liquor	85798
regulatory fund. Once during each fiscal year, an amount equal to	85799
fifty per cent of the fees collected shall be paid from the state	85800
liquor regulatory fund into the general revenue fund.	85801

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	85802
the Revised Code:	85803

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	85804
fluid ounces.	85805

(2) "Sale" or "sell" includes exchange, barter, gift,	85806
distribution, and, except with respect to A-4 permit holders,	85807
offer for sale.	85808

(B) For the purposes of providing revenues for the support of	85809
the state and encouraging the grape industries in the state, a tax	85810
is hereby levied on the sale or distribution of wine in Ohio,	85811
except for known sacramental purposes, at the rate of thirty cents	85812
per wine gallon for wine containing not less than four per cent of	85813
alcohol by volume and not more than fourteen per cent of alcohol	85814
by volume, ninety-eight cents per wine gallon for wine containing	85815
more than fourteen per cent but not more than twenty-one per cent	85816
of alcohol by volume, one dollar and eight cents per wine gallon	85817
for vermouth, and one dollar and forty-eight cents per wine gallon	85818
for sparkling and carbonated wine and champagne, the tax to be	85819
paid by the holders of A-2 and B-5 permits or by any other person	85820
selling or distributing wine upon which no tax has been paid. From	85821
the tax paid under this section on wine, vermouth, and sparkling	85822
and carbonated wine and champagne, the treasurer of state shall	85823
credit to the Ohio grape industries fund created under section	85824
924.54 of the Revised Code a sum equal to one cent per gallon for	85825
each gallon upon which the tax is paid.	85826

(C) For the purpose of providing revenues for the support of	85827
the state, there is hereby levied a tax on prepared and bottled	85828
highballs, cocktails, cordials, and other mixed beverages at the	85829
rate of one dollar and twenty cents per wine gallon to be paid by	85830
holders of A-4 permits or by any other person selling or	85831
distributing those products upon which no tax has been paid. Only	85832
one sale of the same article shall be used in computing the amount	85833
of tax due. The tax on mixed beverages to be paid by holders of	85834
A-4 permits under this section shall not attach until the	85835
ownership of the mixed beverage is transferred for valuable	85836
consideration to a wholesaler or retailer, and no payment of the	85837
tax shall be required prior to that time.	85838

(D) During the period of July 1, ~~2011~~2013, through June 30,	85839
~~2013~~2015, from the tax paid under this section on wine, vermouth,	85840
and sparkling and carbonated wine and champagne, the treasurer of	85841
state shall credit to the Ohio grape industries fund created under	85842
section 924.54 of the Revised Code a sum equal to two cents per	85843
gallon upon which the tax is paid. The amount credited under this	85844
division is in addition to the amount credited to the Ohio grape	85845
industries fund under division (B) of this section.	85846

(E) For the purpose of providing revenues for the support of	85847
the state, there is hereby levied a tax on cider at the rate of	85848
twenty-four cents per wine gallon to be paid by the holders of A-2	85849
and B-5 permits or by any other person selling or distributing	85850
cider upon which no tax has been paid. Only one sale of the same	85851
article shall be used in computing the amount of the tax due.	85852

Sec. 4301.62. (A) As used in this section:

85853

(1) "Chauffeured limousine" means a vehicle registered under	85854
section 4503.24 of the Revised Code.	85855

(2) "Street," "highway," and "motor vehicle" have the same	85856
meanings as in section 4511.01 of the Revised Code.	85857

(B) No person shall have in the person's possession an opened	85858
container of beer or intoxicating liquor in any of the following	85859
circumstances:	85860

(1) Except as provided in division (C)(1)(e) of this section,	85861
in an agency store;	85862

(2) Except as provided in division (C) of this section, on	85863
the premises of the holder of any permit issued by the division of	85864
liquor control;	85865

(3) In any other public place;

85866

(4) Except as provided in division (D) or (E) of this	85867
section, while operating or being a passenger in or on a motor	85868
vehicle on any street, highway, or other public or private	85869
property open to the public for purposes of vehicular travel or	85870
parking;	85871

(5) Except as provided in division (D) or (E) of this	85872
section, while being in or on a stationary motor vehicle on any	85873
street, highway, or other public or private property open to the	85874
public for purposes of vehicular travel or parking.	85875

(C)(1) A person may have in the person's possession an opened	85876
container of any of the following:	85877

(a) Beer or intoxicating liquor that has been lawfully	85878
purchased for consumption on the premises where bought from the	85879
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	85880
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	85881
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	85882
F-8 permit;	85883

(b) Beer, wine, or mixed beverages served for consumption on	85884
the premises by the holder of an F-3 permit or wine served for	85885
consumption on the premises by the holder of an F-4 or F-6 permit;	85886

(c) Beer or intoxicating liquor consumed on the premises of a	85887
convention facility as provided in section 4303.201 of the Revised	85888
Code;	85889

(d) Beer or intoxicating liquor to be consumed during	85890
tastings and samplings approved by rule of the liquor control	85891
commission;	85892

(e) Spirituous liquor to be consumed for purposes of a	85893
tasting sample, as defined in section 4301.171 of the Revised	85894
Code.	85895

(2) A person may have in the person's possession on an F	85896
liquor permit premises an opened container of beer or intoxicating	85897
liquor that was not purchased from the holder of the F permit if	85898
the premises for which the F permit is issued is a music festival	85899
and the holder of the F permit grants permission for that	85900
possession on the premises during the period for which the F	85901
permit is issued. As used in this division, "music festival" means	85902
a series of outdoor live musical performances, extending for a	85903
period of at least three consecutive days and located on an area	85904
of land of at least forty acres.	85905

(3)(a) A person may have in the person's possession on a D-2	85906
liquor permit premises an opened or unopened container of wine	85907
that was not purchased from the holder of the D-2 permit if the	85908
premises for which the D-2 permit is issued is an outdoor	85909
performing arts center, the person is attending an orchestral	85910
performance, and the holder of the D-2 permit grants permission	85911
for the possession and consumption of wine in certain	85912
predesignated areas of the premises during the period for which	85913
the D-2 permit is issued.	85914

(b) As used in division (C)(3)(a) of this section:

85915

(i) "Orchestral performance" means a concert comprised of a	85916
group of not fewer than forty musicians playing various musical	85917
instruments.	85918

(ii) "Outdoor performing arts center" means an outdoor	85919
performing arts center that is located on not less than one	85920
hundred fifty acres of land and that is open for performances from	85921
the first day of April to the last day of October of each year.	85922

(4) A person may have in the person's possession an opened or	85923
unopened container of beer or intoxicating liquor at an outdoor	85924
location at which the person is attending an orchestral	85925
performance as defined in division (C)(3)(b)(i) of this section if	85926
the person with supervision and control over the performance	85927
grants permission for the possession and consumption of beer or	85928
intoxicating liquor in certain predesignated areas of that outdoor	85929
location.	85930

(5) A person may have in the person's possession on an F-9	85931
liquor permit premises an opened or unopened container of beer or	85932
intoxicating liquor that was not purchased from the holder of the	85933
F-9 permit if the person is attending an orchestral performance	85934
and the holder of the F-9 permit grants permission for the	85935
possession and consumption of beer or intoxicating liquor in	85936
certain predesignated areas of the premises during the period for	85937
which the F-9 permit is issued.	85938

As used in division (C)(5) of this section, "orchestral	85939
performance" has the same meaning as in division (C)(3)(b) of this	85940
section.	85941

(6)(a) A person may have in the person's possession on the	85942
property of an outdoor motorsports facility an opened or unopened	85943
container of beer or intoxicating liquor that was not purchased	85944
from the owner of the facility if both of the following apply:	85945

(i) The person is attending a racing event at the facility;	85946
and	85947

(ii) The owner of the facility grants permission for the	85948
possession and consumption of beer or intoxicating liquor on the	85949
property of the facility.	85950

(b) As used in division (C)(6)(a) of this section:

85951

(i) "Racing event" means a motor vehicle racing event	85952
sanctioned by one or more motor racing sanctioning organizations.	85953

(ii) "Outdoor motorsports facility" means an outdoor	85954
racetrack to which all of the following apply:	85955

(I) It is two and four-tenths miles or more in length.

85956

(II) It is located on two hundred acres or more of land.

85957

(III) The primary business of the owner of the facility is	85958
the hosting and promoting of racing events.	85959

(IV) The holder of a D-1, D-2, or D-3 permit is located on	85960
the property of the facility.	85961

(D) This section does not apply to a person who pays all or a	85962
portion of the fee imposed for the use of a chauffeured limousine	85963
pursuant to a prearranged contract, or the guest of the person,	85964
when all of the following apply:	85965

(1) The person or guest is a passenger in the limousine.

85966

(2) The person or guest is located in the limousine, but is	85967
not occupying a seat in the front compartment of the limousine	85968
where the operator of the limousine is located.	85969

(3) The limousine is located on any street, highway, or other	85970
public or private property open to the public for purposes of	85971
vehicular travel or parking.	85972

(E) An opened bottle of wine that was purchased from the	85973
holder of a permit that authorizes the sale of wine for	85974
consumption on the premises where sold is not an opened container	85975
for the purposes of this section if both of the following apply:	85976

(1) The opened bottle of wine is securely resealed by the	85977
permit holder or an employee of the permit holder before the	85978
bottle is removed from the premises. The bottle shall be secured	85979
in such a manner that it is visibly apparent if the bottle has	85980
been subsequently opened or tampered with.	85981

(2) The opened bottle of wine that is resealed in accordance	85982
with division (E)(1) of this section is stored in the trunk of a	85983
motor vehicle or, if the motor vehicle does not have a trunk,	85984
behind the last upright seat or in an area not normally occupied	85985
by the driver or passengers and not easily accessible by the	85986
driver.	85987

Sec. 4303.181. (A) Permit D-5a may be issued either to the	85988
owner or operator of a hotel or motel that is required to be	85989
licensed under section 3731.03 of the Revised Code, that contains	85990
at least fifty rooms for registered transient guests or is owned	85991
by a state institution of higher education as defined in section	85992
3345.011 of the Revised Code or a private college or university,	85993
and that qualifies under the other requirements of this section,	85994
or to the owner or operator of a restaurant specified under this	85995
section, to sell beer and any intoxicating liquor at retail, only	85996
by the individual drink in glass and from the container, for	85997
consumption on the premises where sold, and to registered guests	85998
in their rooms, which may be sold by means of a controlled access	85999
alcohol and beverage cabinet in accordance with division (B) of	86000
section 4301.21 of the Revised Code; and to sell the same products	86001
in the same manner and amounts not for consumption on the premises	86002
as may be sold by holders of D-1 and D-2 permits. The premises of	86003
the hotel or motel shall include a retail food establishment or a	86004
food service operation licensed pursuant to Chapter 3717. of the	86005
Revised Code that operates as a restaurant for purposes of this	86006
chapter and that is affiliated with the hotel or motel and within	86007
or contiguous to the hotel or motel, and that serves food within	86008
the hotel or motel, but the principal business of the owner or	86009
operator of the hotel or motel shall be the accommodation of	86010
transient guests. In addition to the privileges authorized in this	86011
division, the holder of a D-5a permit may exercise the same	86012
privileges as the holder of a D-5 permit.	86013

The owner or operator of a hotel, motel, or restaurant who	86014
qualified for and held a D-5a permit on August 4, 1976, may, if	86015
the owner or operator held another permit before holding a D-5a	86016
permit, either retain a D-5a permit or apply for the permit	86017
formerly held, and the division of liquor control shall issue the	86018
permit for which the owner or operator applies and formerly held,	86019
notwithstanding any quota.	86020

A D-5a permit shall not be transferred to another location.	86021
No quota restriction shall be placed on the number of D-5a permits	86022
that may be issued.	86023

The fee for this permit is two thousand three hundred	86024
forty-four dollars.	86025

(B) Permit D-5b may be issued to the owner, operator, tenant,	86026
lessee, or occupant of an enclosed shopping center to sell beer	86027
and intoxicating liquor at retail, only by the individual drink in	86028
glass and from the container, for consumption on the premises	86029
where sold; and to sell the same products in the same manner and	86030
amount not for consumption on the premises as may be sold by	86031
holders of D-1 and D-2 permits. In addition to the privileges	86032
authorized in this division, the holder of a D-5b permit may	86033
exercise the same privileges as a holder of a D-5 permit.	86034

A D-5b permit shall not be transferred to another location.

86035

One D-5b permit may be issued at an enclosed shopping center	86036
containing at least two hundred twenty-five thousand, but less	86037
than four hundred thousand, square feet of floor area.	86038

Two D-5b permits may be issued at an enclosed shopping center	86039
containing at least four hundred thousand square feet of floor	86040
area. No more than one D-5b permit may be issued at an enclosed	86041
shopping center for each additional two hundred thousand square	86042
feet of floor area or fraction of that floor area, up to a maximum	86043
of five D-5b permits for each enclosed shopping center. The number	86044
of D-5b permits that may be issued at an enclosed shopping center	86045
shall be determined by subtracting the number of D-3 and D-5	86046
permits issued in the enclosed shopping center from the number of	86047
D-5b permits that otherwise may be issued at the enclosed shopping	86048
center under the formulas provided in this division. Except as	86049
provided in this section, no quota shall be placed on the number	86050
of D-5b permits that may be issued. Notwithstanding any quota	86051
provided in this section, the holder of any D-5b permit first	86052
issued in accordance with this section is entitled to its renewal	86053
in accordance with section 4303.271 of the Revised Code.	86054

The holder of a D-5b permit issued before April 4, 1984,	86055
whose tenancy is terminated for a cause other than nonpayment of	86056
rent, may return the D-5b permit to the division of liquor	86057
control, and the division shall cancel that permit. Upon	86058
cancellation of that permit and upon the permit holder's payment	86059
of taxes, contributions, premiums, assessments, and other debts	86060
owing or accrued upon the date of cancellation to this state and	86061
its political subdivisions and a filing with the division of a	86062
certification of that payment, the division shall issue to that	86063
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	86064
that person requests. The division shall issue the D-5 permit, or	86065
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	86066
D-3, or D-5 permits currently issued in the municipal corporation	86067
or in the unincorporated area of the township where that person's	86068
proposed premises is located equals or exceeds the maximum number	86069
of such permits that can be issued in that municipal corporation	86070
or in the unincorporated area of that township under the	86071
population quota restrictions contained in section 4303.29 of the	86072
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	86073
be transferred to another location. If a D-5b permit is canceled	86074
under the provisions of this paragraph, the number of D-5b permits	86075
that may be issued at the enclosed shopping center for which the	86076
D-5b permit was issued, under the formula provided in this	86077
division, shall be reduced by one if the enclosed shopping center	86078
was entitled to more than one D-5b permit under the formula.	86079

The fee for this permit is two thousand three hundred	86080
forty-four dollars.	86081

(C) Permit D-5c may be issued to the owner or operator of a	86082
retail food establishment or a food service operation licensed	86083
pursuant to Chapter 3717. of the Revised Code that operates as a	86084
restaurant for purposes of this chapter and that qualifies under	86085
the other requirements of this section to sell beer and any	86086
intoxicating liquor at retail, only by the individual drink in	86087
glass and from the container, for consumption on the premises	86088
where sold, and to sell the same products in the same manner and	86089
amounts not for consumption on the premises as may be sold by	86090
holders of D-1 and D-2 permits. In addition to the privileges	86091
authorized in this division, the holder of a D-5c permit may	86092
exercise the same privileges as the holder of a D-5 permit.	86093

To qualify for a D-5c permit, the owner or operator of a	86094
retail food establishment or a food service operation licensed	86095
pursuant to Chapter 3717. of the Revised Code that operates as a	86096
restaurant for purposes of this chapter, shall have operated the	86097
restaurant at the proposed premises for not less than twenty-four	86098
consecutive months immediately preceding the filing of the	86099
application for the permit, have applied for a D-5 permit no later	86100
than December 31, 1988, and appear on the division's quota waiting	86101
list for not less than six months immediately preceding the filing	86102
of the application for the permit. In addition to these	86103
requirements, the proposed D-5c permit premises shall be located	86104
within a municipal corporation and further within an election	86105
precinct that, at the time of the application, has no more than	86106
twenty-five per cent of its total land area zoned for residential	86107
use.	86108

A D-5c permit shall not be transferred to another location.	86109
No quota restriction shall be placed on the number of such permits	86110
that may be issued.	86111

Any person who has held a D-5c permit for at least two years	86112
may apply for a D-5 permit, and the division of liquor control	86113
shall issue the D-5 permit notwithstanding the quota restrictions	86114
contained in section 4303.29 of the Revised Code or in any rule of	86115
the liquor control commission.	86116

The fee for this permit is one thousand five hundred	86117
sixty-three dollars.	86118

(D) Permit D-5d may be issued to the owner or operator of a	86119
retail food establishment or a food service operation licensed	86120
pursuant to Chapter 3717. of the Revised Code that operates as a	86121
restaurant for purposes of this chapter and that is located at an	86122
airport operated by a board of county commissioners pursuant to	86123
section 307.20 of the Revised Code, at an airport operated by a	86124
port authority pursuant to Chapter 4582. of the Revised Code, or	86125
at an airport operated by a regional airport authority pursuant to	86126
Chapter 308. of the Revised Code. The holder of a D-5d permit may	86127
sell beer and any intoxicating liquor at retail, only by the	86128
individual drink in glass and from the container, for consumption	86129
on the premises where sold, and may sell the same products in the	86130
same manner and amounts not for consumption on the premises where	86131
sold as may be sold by the holders of D-1 and D-2 permits. In	86132
addition to the privileges authorized in this division, the holder	86133
of a D-5d permit may exercise the same privileges as the holder of	86134
a D-5 permit.	86135

A D-5d permit shall not be transferred to another location.	86136
No quota restrictions shall be placed on the number of such	86137
permits that may be issued.	86138

The fee for this permit is two thousand three hundred	86139
forty-four dollars.	86140

(E) Permit D-5e may be issued to any nonprofit organization	86141
that is exempt from federal income taxation under the "Internal	86142
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	86143
amended, or that is a charitable organization under any chapter of	86144
the Revised Code, and that owns or operates a riverboat that meets	86145
all of the following:	86146

(1) Is permanently docked at one location;

86147

(2) Is designated as an historical riverboat by the Ohio	86148
historical society;	86149

(3) Contains not less than fifteen hundred square feet of	86150
floor area;	86151

(4) Has a seating capacity of fifty or more persons.

86152

The holder of a D-5e permit may sell beer and intoxicating	86153
liquor at retail, only by the individual drink in glass and from	86154
the container, for consumption on the premises where sold.	86155

A D-5e permit shall not be transferred to another location.	86156
No quota restriction shall be placed on the number of such permits	86157
that may be issued. The population quota restrictions contained in	86158
section 4303.29 of the Revised Code or in any rule of the liquor	86159
control commission shall not apply to this division, and the	86160
division shall issue a D-5e permit to any applicant who meets the	86161
requirements of this division. However, the division shall not	86162
issue a D-5e permit if the permit premises or proposed permit	86163
premises are located within an area in which the sale of	86164
spirituous liquor by the glass is prohibited.	86165

The fee for this permit is one thousand two hundred nineteen	86166
dollars.	86167

(F) Permit D-5f may be issued to the owner or operator of a	86168
retail food establishment or a food service operation licensed	86169
under Chapter 3717. of the Revised Code that operates as a	86170
restaurant for purposes of this chapter and that meets all of the	86171
following:	86172

(1) It contains not less than twenty-five hundred square feet	86173
of floor area.	86174

(2) It is located on or in, or immediately adjacent to, the	86175
shoreline of, a navigable river.	86176

(3) It provides docking space for twenty-five boats.

86177

(4) It provides entertainment and recreation, provided that	86178
not less than fifty per cent of the business on the permit	86179
premises shall be preparing and serving meals for a consideration.	86180

In addition, each application for a D-5f permit shall be	86181
accompanied by a certification from the local legislative	86182
authority that the issuance of the D-5f permit is not inconsistent	86183
with that political subdivision's comprehensive development plan	86184
or other economic development goal as officially established by	86185
the local legislative authority.	86186

The holder of a D-5f permit may sell beer and intoxicating	86187
liquor at retail, only by the individual drink in glass and from	86188
the container, for consumption on the premises where sold.	86189

A D-5f permit shall not be transferred to another location.

86190

The division of liquor control shall not issue a D-5f permit	86191
if the permit premises or proposed permit premises are located	86192
within an area in which the sale of spirituous liquor by the glass	86193
is prohibited.	86194

A fee for this permit is two thousand three hundred	86195
forty-four dollars.	86196

As used in this division, "navigable river" means a river	86197
that is also a "navigable water" as defined in the "Federal Power	86198
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	86199

(G) Permit D-5g may be issued to a nonprofit corporation that	86200
is either the owner or the operator of a national professional	86201
sports museum. The holder of a D-5g permit may sell beer and any	86202
intoxicating liquor at retail, only by the individual drink in	86203
glass and from the container, for consumption on the premises	86204
where sold. The holder of a D-5g permit shall sell no beer or	86205
intoxicating liquor for consumption on the premises where sold	86206
after two-thirty a.m. A D-5g permit shall not be transferred to	86207
another location. No quota restrictions shall be placed on the	86208
number of D-5g permits that may be issued. The fee for this permit	86209
is one thousand eight hundred seventy-five dollars.	86210

(H)(1) Permit D-5h may be issued to any nonprofit	86211
organization that is exempt from federal income taxation under the	86212
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	86213
501(c)(3), as amended, that owns or operates any of the following:	86214

(a) A fine arts museum, provided that the nonprofit	86215
organization has no less than one thousand five hundred bona fide	86216
members possessing full membership privileges;	86217

(b) A community arts center. As used in division (H)(1)(b) of	86218
this section, "community arts center" means a facility that	86219
provides arts programming to the community in more than one arts	86220
discipline, including, but not limited to, exhibits of works of	86221
art and performances by both professional and amateur artists.	86222

(c) A community theater, provided that the nonprofit	86223
organization is a member of the Ohio arts council and the American	86224
community theatre association and has been in existence for not	86225
less than ten years. As used in division (H)(1)(c) of this	86226
section, "community theater" means a facility that contains at	86227
least one hundred fifty seats and has a primary function of	86228
presenting live theatrical performances and providing recreational	86229
opportunities to the community.	86230

(2) The holder of a D-5h permit may sell beer and any	86231
intoxicating liquor at retail, only by the individual drink in	86232
glass and from the container, for consumption on the premises	86233
where sold. The holder of a D-5h permit shall sell no beer or	86234
intoxicating liquor for consumption on the premises where sold	86235
after one a.m. A D-5h permit shall not be transferred to another	86236
location. No quota restrictions shall be placed on the number of	86237
D-5h permits that may be issued.	86238

(3) The fee for a D-5h permit is one thousand eight hundred	86239
seventy-five dollars.	86240

(I) Permit D-5i may be issued to the owner or operator of a	86241
retail food establishment or a food service operation licensed	86242
under Chapter 3717. of the Revised Code that operates as a	86243
restaurant for purposes of this chapter and that meets all of the	86244
following requirements:	86245

(1) It is located in a municipal corporation or a township	86246
with a population of one hundred thousand or less.	86247

(2) It has inside seating capacity for at least one hundred	86248
forty persons.	86249

(3) It has at least four thousand square feet of floor area.

86250

(4) It offers full-course meals, appetizers, and sandwiches.

86251

(5) Its receipts from beer and liquor sales, excluding wine	86252
sales, do not exceed twenty-five per cent of its total gross	86253
receipts.	86254

(6) It has at least one of the following characteristics:

86255

(a) The value of its real and personal property exceeds seven	86256
hundred twenty-five thousand dollars.	86257

(b) It is located on property that is owned or leased by the	86258
state or a state agency, and its owner or operator has	86259
authorization from the state or the state agency that owns or	86260
leases the property to obtain a D-5i permit.	86261

The holder of a D-5i permit may sell beer and any	86262
intoxicating liquor at retail, only by the individual drink in	86263
glass and from the container, for consumption on the premises	86264
where sold, and may sell the same products in the same manner and	86265
amounts not for consumption on the premises where sold as may be	86266
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	86267
permit shall sell no beer or intoxicating liquor for consumption	86268
on the premises where sold after two-thirty a.m. In addition to	86269
the privileges authorized in this division, the holder of a D-5i	86270
permit may exercise the same privileges as the holder of a D-5	86271
permit.	86272

A D-5i permit shall not be transferred to another location.	86273
The division of liquor control shall not renew a D-5i permit	86274
unless the retail food establishment or food service operation for	86275
which it is issued continues to meet the requirements described in	86276
divisions (I)(1) to (6) of this section. No quota restrictions	86277
shall be placed on the number of D-5i permits that may be issued.	86278
The fee for the D-5i permit is two thousand three hundred	86279
forty-four dollars.	86280

(J) Permit D-5j may be issued to the owner or the operator of	86281
a retail food establishment or a food service operation licensed	86282
under Chapter 3717. of the Revised Code to sell beer and	86283
intoxicating liquor at retail, only by the individual drink in	86284
glass and from the container, for consumption on the premises	86285
where sold and to sell beer and intoxicating liquor in the same	86286
manner and amounts not for consumption on the premises where sold	86287
as may be sold by the holders of D-1 and D-2 permits. The holder	86288
of a D-5j permit may exercise the same privileges, and shall	86289
observe the same hours of operation, as the holder of a D-5	86290
permit.	86291

The D-5j permit shall be issued only within a community	86292
entertainment district that is designated under section 4301.80 of	86293
the Revised Code and that meets one of the following	86294
qualifications:	86295

(1) It is located in a municipal corporation with a	86296
population of at least one hundred thousand.	86297

(2) It is located in a municipal corporation with a	86298
population of at least twenty thousand, and either of the	86299
following applies:	86300

(a) It contains an amusement park the rides of which have	86301
been issued a permit by the department of agriculture under	86302
Chapter 1711. of the Revised Code.	86303

(b) Not less than fifty million dollars will be invested in	86304
development and construction in the community entertainment	86305
district's area located in the municipal corporation.	86306

(3) It is located in a township with a population of at least	86307
forty thousand.	86308

(4) It is located in a township with a population of at least	86309
twenty thousand, and not less than seventy million dollars will be	86310
invested in development and construction in the community	86311
entertainment district's area located in the township.	86312

(5) It is located in a municipal corporation with a	86313
population between ten thousand and twenty thousand, and both of	86314
the following apply:	86315

(a) The municipal corporation was incorporated as a village	86316
prior to calendar year ~~1840~~1860 and currently has a historic	86317
downtown business district.	86318

(b) The municipal corporation is located in the same county	86319
as another municipal corporation with at least one community	86320
entertainment district.	86321

(6) It is located in a municipal corporation with a	86322
population of at least ten thousand, and not less than seventy	86323
million dollars will be invested in development and construction	86324
in the community entertainment district's area located in the	86325
municipal corporation.	86326

(7) It is located in a municipal corporation with a	86327
population of at least five thousand, and not less than one	86328
hundred million dollars will be invested in development and	86329
construction in the community entertainment district's area	86330
located in the municipal corporation.	86331

The location of a D-5j permit may be transferred only within	86332
the geographic boundaries of the community entertainment district	86333
in which it was issued and shall not be transferred outside the	86334
geographic boundaries of that district.	86335

Not more than one D-5j permit shall be issued within each	86336
community entertainment district for each five acres of land	86337
located within the district. Not more than fifteen D-5j permits	86338
may be issued within a single community entertainment district.	86339
Except as otherwise provided in division (J)(4) of this section,	86340
no quota restrictions shall be placed upon the number of D-5j	86341
permits that may be issued.	86342

The fee for a D-5j permit is two thousand three hundred	86343
forty-four dollars.	86344

(K)(1) Permit D-5k may be issued to any nonprofit	86345
organization that is exempt from federal income taxation under the	86346
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	86347
501(c)(3), as amended, that is the owner or operator of a	86348
botanical garden recognized by the American association of	86349
botanical gardens and arboreta, and that has not less than	86350
twenty-five hundred bona fide members.	86351

(2) The holder of a D-5k permit may sell beer and any	86352
intoxicating liquor at retail, only by the individual drink in	86353
glass and from the container, on the premises where sold.	86354

(3) The holder of a D-5k permit shall sell no beer or	86355
intoxicating liquor for consumption on the premises where sold	86356
after one a.m.	86357

(4) A D-5k permit shall not be transferred to another	86358
location.	86359

(5) No quota restrictions shall be placed on the number of	86360
D-5k permits that may be issued.	86361

(6) The fee for the D-5k permit is one thousand eight hundred	86362
seventy-five dollars.	86363

(L)(1) Permit D-5l may be issued to the owner or the operator	86364
of a retail food establishment or a food service operation	86365
licensed under Chapter 3717. of the Revised Code to sell beer and	86366
intoxicating liquor at retail, only by the individual drink in	86367
glass and from the container, for consumption on the premises	86368
where sold and to sell beer and intoxicating liquor in the same	86369
manner and amounts not for consumption on the premises where sold	86370
as may be sold by the holders of D-1 and D-2 permits. The holder	86371
of a D-5l permit may exercise the same privileges, and shall	86372
observe the same hours of operation, as the holder of a D-5	86373
permit.	86374

(2) The D-5l permit shall be issued only to a premises to	86375
which all of the following apply:	86376

(a) The premises has gross annual receipts from the sale of	86377
food and meals that constitute not less than seventy-five per cent	86378
of its total gross annual receipts.	86379

(b) The premises is located within a revitalization district	86380
that is designated under section 4301.81 of the Revised Code.	86381

(c) The premises is located in a municipal corporation or	86382
township in which the number of D-5 permits issued equals or	86383
exceeds the number of those permits that may be issued in that	86384
municipal corporation or township under section 4303.29 of the	86385
Revised Code.	86386

(d) The premises meets any of the following qualifications:

86387

(i) It is located in a county with a population of one	86388
hundred twenty-five thousand or less according to the population	86389
estimates certified by the development services agency for	86390
calendar year 2006.	86391

(ii) It is located in the municipal corporation that has the	86392
largest population in a county when the county has a population	86393
between two hundred fifteen thousand and two hundred twenty-five	86394
thousand according to the population estimates certified by the	86395
development services agency for calendar year 2006. Division	86396
(L)(2)(d)(ii) of this section applies only to a municipal	86397
corporation that is wholly located in a county.	86398

(iii) It is located in the municipal corporation that has the	86399
largest population in a county when the county has a population	86400
between one hundred forty thousand and one hundred forty-one	86401
thousand according to the population estimates certified by the	86402
development services agency for calendar year 2006. Division	86403
(L)(2)(d)(iii) of this section applies only to a municipal	86404
corporation that is wholly located in a county.	86405

(3) The location of a D-5l permit may be transferred only	86406
within the geographic boundaries of the revitalization district in	86407
which it was issued and shall not be transferred outside the	86408
geographic boundaries of that district.	86409

(4) Not more than one D-5l permit shall be issued within each	86410
revitalization district for each five acres of land located within	86411
the district. Not more than fifteen D-5l permits may be issued	86412
within a single revitalization district. Except as otherwise	86413
provided in division (L)(4) of this section, no quota restrictions	86414
shall be placed upon the number of D-5l permits that may be	86415
issued.	86416

(5) No D-5l permit shall be issued to an adult entertainment	86417
establishment as defined in section 2907.39 of the Revised Code.	86418

(6) The fee for a D-5l permit is two thousand three hundred	86419
forty-four dollars.	86420

(M) Permit D-5m may be issued to either the owner or the	86421
operator of a retail food establishment or food service operation	86422
licensed under Chapter 3717. of the Revised Code that operates as	86423
a restaurant for purposes of this chapter and that is located in,	86424
or affiliated with, a center for the preservation of wild animals	86425
as defined in section 4301.404 of the Revised Code, to sell beer	86426
and any intoxicating liquor at retail, only by the glass and from	86427
the container, for consumption on the premises where sold, and to	86428
sell the same products in the same manner and amounts not for	86429
consumption on the premises as may be sold by the holders of D-1	86430
and D-2 permits. In addition to the privileges authorized by this	86431
division, the holder of a D-5m permit may exercise the same	86432
privileges as the holder of a D-5 permit.	86433

A D-5m permit shall not be transferred to another location.	86434
No quota restrictions shall be placed on the number of D-5m	86435
permits that may be issued. The fee for a permit D-5m is two	86436
thousand three hundred forty-four dollars.	86437

(N) Permit D-5n shall be issued to either a casino operator	86438
or a casino management company licensed under Chapter 3772. of the	86439
Revised Code that operates a casino facility under that chapter,	86440
to sell beer and any intoxicating liquor at retail, only by the	86441
individual drink in glass and from the container, for consumption	86442
on the premises where sold, and to sell the same products in the	86443
same manner and amounts not for consumption on the premises as may	86444
be sold by the holders of D-1 and D-2 permits. In addition to the	86445
privileges authorized by this division, the holder of a D-5n	86446
permit may exercise the same privileges as the holder of a D-5	86447
permit. A D-5n permit shall not be transferred to another	86448
location. Only one D-5n permit may be issued per casino facility	86449
and not more than four D-5n permits shall be issued in this state.	86450
The fee for a permit D-5n shall be twenty thousand dollars. The	86451
holder of a D-5n permit may conduct casino gaming on the permit	86452
premises notwithstanding any provision of the Revised Code or	86453
Administrative Code.	86454

(O) Permit D-5o may be issued to the owner or operator of a	86455
retail food establishment or a food service operation licensed	86456
under Chapter 3717. of the Revised Code that operates as a	86457
restaurant for purposes of this chapter and that is located within	86458
a casino facility for which a D-5n permit has been issued. The	86459
holder of a D-5o permit may sell beer and any intoxicating liquor	86460
at retail, only by the individual drink in glass and from the	86461
container, for consumption on the premises where sold, and may	86462
sell the same products in the same manner and amounts not for	86463
consumption on the premises where sold as may be sold by the	86464
holders of D-1 and D-2 permits. In addition to the privileges	86465
authorized by this division, the holder of a D-5o permit may	86466
exercise the same privileges as the holder of a D-5 permit. A D-5o	86467
permit shall not be transferred to another location. No quota	86468
restrictions shall be placed on the number of such permits that	86469
may be issued. The fee for this permit is two thousand three	86470
hundred forty-four dollars.	86471

(P) Permit D-5p may be issued to the owner or operator of a	86472
retail food establishment or a food service operation licensed	86473
under Chapter 3717. of the Revised Code that operates as a	86474
restaurant for purposes of this chapter and that is located within	86475
a park district. The holder of a D-5p permit may sell beer and any	86476
intoxicating liquor at retail, only by the individual drink in	86477
glass and from the container, for consumption on the premises	86478
where sold, and may sell the same products in the same manner and	86479
amounts not for consumption on the premises where sold as may be	86480
sold by the holders of D-1 and D-2 permits. In addition to the	86481
privileges authorized by this division, the holder of a D-5p	86482
permit may exercise the same privileges as the holder of a D-5	86483
permit. A D-5p permit shall not be transferred to another	86484
location. No quota restrictions shall be placed on the number of	86485
such permits that may be issued. The fee for a D-5p permit is two	86486
thousand three hundred forty-four dollars.	86487

As used in this division, "park district" means a park	86488
district that is created under Chapter 1545. of the Revised Code	86489
consisting of not less than twenty-two thousand acres of land, a	86490
portion of which is adjacent to Lake Erie.	86491

Sec. 4305.131. (A) If any permit holder fails to pay the	86492
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	86493
the Revised Code in the manner prescribed by section 4303.33 of	86494
the Revised Code, or by section 4301.421 or 4301.424 of the	86495
Revised Code in the manner prescribed in section 4301.422 of the	86496
Revised Code, and by the rules of the tax commissioner, the	86497
commissioner may make an assessment against the permit holder	86498
based upon any information in the commissioner's possession.	86499

No assessment shall be made against any permit holder for any	86500
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	86501
4301.432, or 4305.01 of the Revised Code more than three years	86502
after the last day of the calendar month in which the sale was	86503
made or more than three years after the return for that period is	86504
filed, whichever is later. This section does not bar an assessment	86505
against any permit holder or registrant as provided in section	86506
4303.331 of the Revised Code who fails to file a return as	86507
required by section 4301.422 or 4303.33 of the Revised Code, or	86508
who files a fraudulent return.	86509

A penalty of up to thirty per cent may be added to the amount	86510
of every assessment made under this section. The commissioner may	86511
adopt rules providing for the imposition and remission of	86512
penalties added to assessments made under this section.	86513

The commissioner shall give the party assessed written notice	86514
of the assessment in the manner provided in section 5703.37 of the	86515
Revised Code. With the notice, the commissioner shall provide	86516
instructions on how to petition for reassessment and request a	86517
hearing on the petition.	86518

(B) Unless the party assessed files with the tax commissioner	86519
within sixty days after service of the notice of assessment,	86520
either personally or by certified mail, a written petition for	86521
reassessment, signed by the party assessed or that party's	86522
authorized agent having knowledge of the facts, the assessment	86523
becomes final and the amount of the assessment is due and payable	86524
from the party assessed to the treasurer of state. The petition	86525
shall indicate the objections of the party assessed, but	86526
additional objections may be raised in writing if received by the	86527
commissioner prior to the date shown on the final determination.	86528
If the petition has been properly filed, the commissioner shall	86529
proceed under section 5703.60 of the Revised Code.	86530

(C) After an assessment becomes final, if any portion of the	86531
assessment remains unpaid, including accrued interest, a certified	86532
copy of the tax commissioner's entry making the assessment final	86533
may be filed in the office of the clerk of the court of common	86534
pleas in the county in which the permit holder's place of business	86535
is located or the county in which the party assessed resides. If	86536
the party assessed maintains no place of business in this state	86537
and is not a resident of this state, the certified copy of the	86538
entry may be filed in the office of the clerk of the court of	86539
common pleas of Franklin county.	86540

Immediately upon the filing of the entry, the clerk shall	86541
enter a judgment for the state against the party assessed in the	86542
amount shown on the entry. The judgment may be filed by the clerk	86543
in a loose-leaf book entitled "special judgments for state beer	86544
and liquor sales taxes," and shall have the same effect as other	86545
judgments. Execution shall issue upon the judgment upon the	86546
request of the commissioner, and all laws applicable to sales on	86547
execution shall apply to sales made under the judgment, except as	86548
otherwise provided in this chapter and Chapters 4301. and 4307. of	86549
the Revised Code.	86550

~~The portion of~~If the assessment is not paid in its entirety	86551
within sixty days after the day the assessment was issued, the	86552
portion of the assessment consisting of tax due shall bear	86553
interest at the rate per annum prescribed by section 5703.47 of	86554
the Revised Code from the day the commissioner issues the	86555
assessment until it is paid or until it is certified to the	86556
attorney general for collection under section 131.02 of the	86557
Revised Code, whichever comes first. If the unpaid portion of the	86558
assessment is certified to the attorney general for collection,	86559
the entire unpaid portion of the assessment shall bear interest at	86560
the rate per annum prescribed by section 5703.47 of the Revised	86561
Code from the date of certification until the date it is paid in	86562
its entirety. Interest shall be paid in the same manner as the tax	86563
and may be collected by the issuance of an assessment under this	86564
section.	86565

(D) All money collected under this section shall be	86566
considered as revenue arising from the taxes imposed by sections	86567
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	86568
Revised Code.	86569

Sec. 4501.01. As used in this chapter and Chapters 4503.,	86570
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	86571
Revised Code, and in the penal laws, except as otherwise provided:	86572

(A) "Vehicles" means everything on wheels or runners,	86573
including motorized bicycles, but does not mean electric personal	86574
assistive mobility devices, vehicles that are operated exclusively	86575
on rails or tracks or from overhead electric trolley wires, and	86576
vehicles that belong to any police department, municipal fire	86577
department, or volunteer fire department, or that are used by such	86578
a department in the discharge of its functions.	86579

(B) "Motor vehicle" means any vehicle, including mobile homes	86580
and recreational vehicles, that is propelled or drawn by power	86581
other than muscular power or power collected from overhead	86582
electric trolley wires. "Motor vehicle" does not include utility	86583
vehicles as defined in division (VV) of this section, motorized	86584
bicycles, road rollers, traction engines, power shovels, power	86585
cranes, and other equipment used in construction work and not	86586
designed for or employed in general highway transportation,	86587
well-drilling machinery, ditch-digging machinery, farm machinery,	86588
and trailers that are designed and used exclusively to transport a	86589
boat between a place of storage and a marina, or in and around a	86590
marina, when drawn or towed on a public road or highway for a	86591
distance of no more than ten miles and at a speed of twenty-five	86592
miles per hour or less.	86593

(C) "Agricultural tractor" and "traction engine" mean any	86594
self-propelling vehicle that is designed or used for drawing other	86595
vehicles or wheeled machinery, but has no provisions for carrying	86596
loads independently of such other vehicles, and that is used	86597
principally for agricultural purposes.	86598

(D) "Commercial tractor," except as defined in division (C)	86599
of this section, means any motor vehicle that has motive power and	86600
either is designed or used for drawing other motor vehicles, or is	86601
designed or used for drawing another motor vehicle while carrying	86602
a portion of the other motor vehicle or its load, or both.	86603

(E) "Passenger car" means any motor vehicle that is designed	86604
and used for carrying not more than nine persons and includes any	86605
motor vehicle that is designed and used for carrying not more than	86606
fifteen persons in a ridesharing arrangement.	86607

(F) "Collector's vehicle" means any motor vehicle or	86608
agricultural tractor or traction engine that is of special	86609
interest, that has a fair market value of one hundred dollars or	86610
more, whether operable or not, and that is owned, operated,	86611
collected, preserved, restored, maintained, or used essentially as	86612
a collector's item, leisure pursuit, or investment, but not as the	86613
owner's principal means of transportation. "Licensed collector's	86614
vehicle" means a collector's vehicle, other than an agricultural	86615
tractor or traction engine, that displays current, valid license	86616
tags issued under section 4503.45 of the Revised Code, or a	86617
similar type of motor vehicle that displays current, valid license	86618
tags issued under substantially equivalent provisions in the laws	86619
of other states.	86620

(G) "Historical motor vehicle" means any motor vehicle that	86621
is over twenty-five years old and is owned solely as a collector's	86622
item and for participation in club activities, exhibitions, tours,	86623
parades, and similar uses, but that in no event is used for	86624
general transportation.	86625

(H) "Noncommercial motor vehicle" means any motor vehicle,	86626
including a farm truck as defined in section 4503.04 of the	86627
Revised Code, that is designed by the manufacturer to carry a load	86628
of no more than one ton and is used exclusively for purposes other	86629
than engaging in business for profit.	86630

(I) "Bus" means any motor vehicle that has motor power and is	86631
designed and used for carrying more than nine passengers, except	86632
any motor vehicle that is designed and used for carrying not more	86633
than fifteen passengers in a ridesharing arrangement.	86634

(J) "Commercial car" or "truck" means any motor vehicle that	86635
has motor power and is designed and used for carrying merchandise	86636
or freight, or that is used as a commercial tractor.	86637

(K) "Bicycle" means every device, other than a device that is	86638
designed solely for use as a play vehicle by a child, that is	86639
propelled solely by human power upon which a person may ride, and	86640
that has two or more wheels, any of which is more than fourteen	86641
inches in diameter.	86642

(L) "Motorized bicycle" means any vehicle that either has two	86643
tandem wheels or one wheel in the front and two wheels in the	86644
rear, that is capable of being pedaled, and that is equipped with	86645
a helper motor of not more than fifty cubic centimeters piston	86646
displacement that produces no more than one brake horsepower and	86647
is capable of propelling the vehicle at a speed of no greater than	86648
twenty miles per hour on a level surface.	86649

(M) "Trailer" means any vehicle without motive power that is	86650
designed or used for carrying property or persons wholly on its	86651
own structure and for being drawn by a motor vehicle, and includes	86652
any such vehicle that is formed by or operated as a combination of	86653
a semitrailer and a vehicle of the dolly type such as that	86654
commonly known as a trailer dolly, a vehicle used to transport	86655
agricultural produce or agricultural production materials between	86656
a local place of storage or supply and the farm when drawn or	86657
towed on a public road or highway at a speed greater than	86658
twenty-five miles per hour, and a vehicle that is designed and	86659
used exclusively to transport a boat between a place of storage	86660
and a marina, or in and around a marina, when drawn or towed on a	86661
public road or highway for a distance of more than ten miles or at	86662
a speed of more than twenty-five miles per hour. "Trailer" does	86663
not include a manufactured home or travel trailer.	86664

(N) "Noncommercial trailer" means any trailer, except a	86665
travel trailer or trailer that is used to transport a boat as	86666
described in division (B) of this section, but, where applicable,	86667
includes a vehicle that is used to transport a boat as described	86668
in division (M) of this section, that has a gross weight of no	86669
more than ten thousand pounds, and that is used exclusively for	86670
purposes other than engaging in business for a profit, such as the	86671
transportation of personal items for personal or recreational	86672
purposes.	86673

(O) "Mobile home" means a building unit or assembly of closed	86674
construction that is fabricated in an off-site facility, is more	86675
than thirty-five body feet in length or, when erected on site, is	86676
three hundred twenty or more square feet, is built on a permanent	86677
chassis, is transportable in one or more sections, and does not	86678
qualify as a manufactured home as defined in division (C)(4) of	86679
section 3781.06 of the Revised Code or as an industrialized unit	86680
as defined in division (C)(3) of section 3781.06 of the Revised	86681
Code.	86682

(P) "Semitrailer" means any vehicle of the trailer type that	86683
does not have motive power and is so designed or used with another	86684
and separate motor vehicle that in operation a part of its own	86685
weight or that of its load, or both, rests upon and is carried by	86686
the other vehicle furnishing the motive power for propelling	86687
itself and the vehicle referred to in this division, and includes,	86688
for the purpose only of registration and taxation under those	86689
chapters, any vehicle of the dolly type, such as a trailer dolly,	86690
that is designed or used for the conversion of a semitrailer into	86691
a trailer.	86692

(Q) "Recreational vehicle" means a vehicular portable	86693
structure that meets all of the following conditions:	86694

(1) It is designed for the sole purpose of recreational	86695
travel.	86696

(2) It is not used for the purpose of engaging in business	86697
for profit.	86698

(3) It is not used for the purpose of engaging in intrastate	86699
commerce.	86700

(4) It is not used for the purpose of commerce as defined in	86701
49 C.F.R. 383.5, as amended.	86702

(5) It is not regulated by the public utilities commission	86703
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	86704

(6) It is classed as one of the following:

86705

(a) "Travel trailer" means a nonself-propelled recreational	86706
vehicle that does not exceed an overall length of thirty-five	86707
feet, exclusive of bumper and tongue or coupling, and contains	86708
less than three hundred twenty square feet of space when erected	86709
on site. "Travel trailer" includes a tent-type fold-out camping	86710
trailer as defined in section 4517.01 of the Revised Code.	86711

(b) "Motor home" means a self-propelled recreational vehicle	86712
that has no fifth wheel and is constructed with permanently	86713
installed facilities for cold storage, cooking and consuming of	86714
food, and for sleeping.	86715

(c) "Truck camper" means a nonself-propelled recreational	86716
vehicle that does not have wheels for road use and is designed to	86717
be placed upon and attached to a motor vehicle. "Truck camper"	86718
does not include truck covers that consist of walls and a roof,	86719
but do not have floors and facilities enabling them to be used as	86720
a dwelling.	86721

(d) "Fifth wheel trailer" means a vehicle that is of such	86722
size and weight as to be movable without a special highway permit,	86723
that has a gross trailer area of four hundred square feet or less,	86724
that is constructed with a raised forward section that allows a	86725
bi-level floor plan, and that is designed to be towed by a vehicle	86726
equipped with a fifth-wheel hitch ordinarily installed in the bed	86727
of a truck.	86728

(e) "Park trailer" means a vehicle that is commonly known as	86729
a park model recreational vehicle, meets the American national	86730
standard institute standard A119.5 (1988) for park trailers, is	86731
built on a single chassis, has a gross trailer area of four	86732
hundred square feet or less when set up, is designed for seasonal	86733
or temporary living quarters, and may be connected to utilities	86734
necessary for the operation of installed features and appliances.	86735

(R) "Pneumatic tires" means tires of rubber and fabric or	86736
tires of similar material, that are inflated with air.	86737

(S) "Solid tires" means tires of rubber or similar elastic	86738
material that are not dependent upon confined air for support of	86739
the load.	86740

(T) "Solid tire vehicle" means any vehicle that is equipped	86741
with two or more solid tires.	86742

(U) "Farm machinery" means all machines and tools that are	86743
used in the production, harvesting, and care of farm products, and	86744
includes trailers that are used to transport agricultural produce	86745
or agricultural production materials between a local place of	86746
storage or supply and the farm, agricultural tractors, threshing	86747
machinery, hay-baling machinery, corn shellers, hammermills, and	86748
machinery used in the production of horticultural, agricultural,	86749
and vegetable products.	86750

(V) "Owner" includes any person or firm, other than a	86751
manufacturer or dealer, that has title to a motor vehicle, except	86752
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	86753
includes in addition manufacturers and dealers.	86754

(W) "Manufacturer" and "dealer" include all persons and firms	86755
that are regularly engaged in the business of manufacturing,	86756
selling, displaying, offering for sale, or dealing in motor	86757
vehicles, at an established place of business that is used	86758
exclusively for the purpose of manufacturing, selling, displaying,	86759
offering for sale, or dealing in motor vehicles. A place of	86760
business that is used for manufacturing, selling, displaying,	86761
offering for sale, or dealing in motor vehicles shall be deemed to	86762
be used exclusively for those purposes even though snowmobiles or	86763
all-purpose vehicles are sold or displayed for sale thereat, even	86764
though farm machinery is sold or displayed for sale thereat, or	86765
even though repair, accessory, gasoline and oil, storage, parts,	86766
service, or paint departments are maintained thereat, or, in any	86767
county having a population of less than seventy-five thousand at	86768
the last federal census, even though a department in a place of	86769
business is used to dismantle, salvage, or rebuild motor vehicles	86770
by means of used parts, if such departments are operated for the	86771
purpose of furthering and assisting in the business of	86772
manufacturing, selling, displaying, offering for sale, or dealing	86773
in motor vehicles. Places of business or departments in a place of	86774
business used to dismantle, salvage, or rebuild motor vehicles by	86775
means of using used parts are not considered as being maintained	86776
for the purpose of assisting or furthering the manufacturing,	86777
selling, displaying, and offering for sale or dealing in motor	86778
vehicles.	86779

(X) "Operator" includes any person who drives or operates a	86780
motor vehicle upon the public highways.	86781

(Y) "Chauffeur" means any operator who operates a motor	86782
vehicle, other than a taxicab, as an employee for hire; or any	86783
operator whether or not the owner of a motor vehicle, other than a	86784
taxicab, who operates such vehicle for transporting, for gain,	86785
compensation, or profit, either persons or property owned by	86786
another. Any operator of a motor vehicle who is voluntarily	86787
involved in a ridesharing arrangement is not considered an	86788
employee for hire or operating such vehicle for gain,	86789
compensation, or profit.	86790

(Z) "State" includes the territories and federal districts of	86791
the United States, and the provinces of Canada.	86792

(AA) "Public roads and highways" for vehicles includes all	86793
public thoroughfares, bridges, and culverts.	86794

(BB) "Manufacturer's number" means the manufacturer's	86795
original serial number that is affixed to or imprinted upon the	86796
chassis or other part of the motor vehicle.	86797

(CC) "Motor number" means the manufacturer's original number	86798
that is affixed to or imprinted upon the engine or motor of the	86799
vehicle.	86800

(DD) "Distributor" means any person who is authorized by a	86801
motor vehicle manufacturer to distribute new motor vehicles to	86802
licensed motor vehicle dealers at an established place of business	86803
that is used exclusively for the purpose of distributing new motor	86804
vehicles to licensed motor vehicle dealers, except when the	86805
distributor also is a new motor vehicle dealer, in which case the	86806
distributor may distribute at the location of the distributor's	86807
licensed dealership.	86808

(EE) "Ridesharing arrangement" means the transportation of	86809
persons in a motor vehicle where the transportation is incidental	86810
to another purpose of a volunteer driver and includes ridesharing	86811
arrangements known as carpools, vanpools, and buspools.	86812

(FF) "Apportionable vehicle" means any vehicle that is used	86813
or intended for use in two or more international registration plan	86814
member jurisdictions that allocate or proportionally register	86815
vehicles, that is used for the transportation of persons for hire	86816
or designed, used, or maintained primarily for the transportation	86817
of property, and that meets any of the following qualifications:	86818

(1) Is a power unit having a gross vehicle weight in excess	86819
of twenty-six thousand pounds;	86820

(2) Is a power unit having three or more axles, regardless of	86821
the gross vehicle weight;	86822

(3) Is a combination vehicle with a gross vehicle weight in	86823
excess of twenty-six thousand pounds.	86824

"Apportionable vehicle" does not include recreational	86825
vehicles, vehicles displaying restricted plates, city pick-up and	86826
delivery vehicles, buses used for the transportation of chartered	86827
parties, or vehicles owned and operated by the United States, this	86828
state, or any political subdivisions thereof.	86829

(GG) "Chartered party" means a group of persons who contract	86830
as a group to acquire the exclusive use of a passenger-carrying	86831
motor vehicle at a fixed charge for the vehicle in accordance with	86832
the carrier's tariff, lawfully on file with the United States	86833
department of transportation, for the purpose of group travel to a	86834
specified destination or for a particular itinerary, either agreed	86835
upon in advance or modified by the chartered group after having	86836
left the place of origin.	86837

(HH) "International registration plan" means a reciprocal	86838
agreement of member jurisdictions that is endorsed by the American	86839
association of motor vehicle administrators, and that promotes and	86840
encourages the fullest possible use of the highway system by	86841
authorizing apportioned registration of fleets of vehicles and	86842
recognizing registration of vehicles apportioned in member	86843
jurisdictions.	86844

(II) "Restricted plate" means a license plate that has a	86845
restriction of time, geographic area, mileage, or commodity, and	86846
includes license plates issued to farm trucks under division (J)	86847
of section 4503.04 of the Revised Code.	86848

(JJ) "Gross vehicle weight," with regard to any commercial	86849
car, trailer, semitrailer, or bus that is taxed at the rates	86850
established under section 4503.042 or 4503.65 of the Revised Code,	86851
means the unladen weight of the vehicle fully equipped plus the	86852
maximum weight of the load to be carried on the vehicle.	86853

(KK) "Combined gross vehicle weight" with regard to any	86854
combination of a commercial car, trailer, and semitrailer, that is	86855
taxed at the rates established under section 4503.042 or 4503.65	86856
of the Revised Code, means the total unladen weight of the	86857
combination of vehicles fully equipped plus the maximum weight of	86858
the load to be carried on that combination of vehicles.	86859

(LL) "Chauffeured limousine" means a motor vehicle that is	86860
designed to carry nine or fewer passengers and is operated for	86861
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	86862
transportation of passengers on public roads and highways along a	86863
route under the control of the person hiring the vehicle and not	86864
over a defined and regular route. "Prearranged contract" means an	86865
agreement, made in advance of boarding, to provide transportation	86866
from a specific location in a chauffeured limousine ~~at a fixed~~	86867
~~rate per hour or trip~~. "Chauffeured limousine" does not include	86868
any vehicle that is used exclusively in the business of funeral	86869
directing.	86870

(MM) "Manufactured home" has the same meaning as in division	86871
(C)(4) of section 3781.06 of the Revised Code.	86872

(NN) "Acquired situs," with respect to a manufactured home or	86873
a mobile home, means to become located in this state by the	86874
placement of the home on real property, but does not include the	86875
placement of a manufactured home or a mobile home in the inventory	86876
of a new motor vehicle dealer or the inventory of a manufacturer,	86877
remanufacturer, or distributor of manufactured or mobile homes.	86878

(OO) "Electronic" includes electrical, digital, magnetic,	86879
optical, electromagnetic, or any other form of technology that	86880
entails capabilities similar to these technologies.	86881

(PP) "Electronic record" means a record generated,	86882
communicated, received, or stored by electronic means for use in	86883
an information system or for transmission from one information	86884
system to another.	86885

(QQ) "Electronic signature" means a signature in electronic	86886
form attached to or logically associated with an electronic	86887
record.	86888

(RR) "Financial transaction device" has the same meaning as	86889
in division (A) of section 113.40 of the Revised Code.	86890

(SS) "Electronic motor vehicle dealer" means a motor vehicle	86891
dealer licensed under Chapter 4517. of the Revised Code whom the	86892
registrar of motor vehicles determines meets the criteria	86893
designated in section 4503.035 of the Revised Code for electronic	86894
motor vehicle dealers and designates as an electronic motor	86895
vehicle dealer under that section.	86896

(TT) "Electric personal assistive mobility device" means a	86897
self-balancing two non-tandem wheeled device that is designed to	86898
transport only one person, has an electric propulsion system of an	86899
average of seven hundred fifty watts, and when ridden on a paved	86900
level surface by an operator who weighs one hundred seventy pounds	86901
has a maximum speed of less than twenty miles per hour.	86902

(UU) "Limited driving privileges" means the privilege to	86903
operate a motor vehicle that a court grants under section 4510.021	86904
of the Revised Code to a person whose driver's or commercial	86905
driver's license or permit or nonresident operating privilege has	86906
been suspended.	86907

(VV) "Utility vehicle" means a self-propelled vehicle	86908
designed with a bed, principally for the purpose of transporting	86909
material or cargo in connection with construction, agricultural,	86910
forestry, grounds maintenance, lawn and garden, materials	86911
handling, or similar activities. "Utility vehicle" includes a	86912
vehicle with a maximum attainable speed of twenty miles per hour	86913
or less that is used exclusively within the boundaries of state	86914
parks by state park employees or volunteers for the operation or	86915
maintenance of state park facilities.	86916

Sec. 4501.21. (A) There is hereby created in the state	86917
treasury the license plate contribution fund. The fund shall	86918
consist of all contributions paid by motor vehicle registrants and	86919
collected by the registrar of motor vehicles pursuant to sections	86920
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	86921
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	86922
4503.523, 4503.524, 4503.526, 4503.531, 4503.545, 4503.55,	86923
4503.551, 4503.552, 4503.553, 4503.561, 4503.562, 4503.564,	86924
4503.591, 4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711,	86925
4503.712, 4503.713, 4503.72, 4503.73, 4503.732, 4503.74, 4503.75,	86926
4503.751, 4503.85, 4503.89, 4503.92, and 4503.94 of the Revised	86927
Code.	86928

(B) The registrar shall pay the contributions the registrar	86929
collects in the fund as follows:	86930

The registrar shall pay the contributions received pursuant	86931
to section 4503.491 of the Revised Code to the breast cancer fund	86932
of Ohio, which shall use that money only to pay for programs that	86933
provide assistance and education to Ohio breast cancer patients	86934
and that improve access for such patients to quality health care	86935
and clinical trials and shall not use any of the money for	86936
abortion information, counseling, services, or other	86937
abortion-related activities.	86938

The registrar shall pay the contributions received pursuant	86939
to section 4503.493 of the Revised Code to the autism society of	86940
Ohio, which shall use the contributions for programs and autism	86941
awareness efforts throughout the state.	86942

The registrar shall pay the contributions the registrar	86943
receives pursuant to section 4503.494 of the Revised Code to the	86944
national multiple sclerosis society for distribution in equal	86945
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	86946
chapters of the national multiple sclerosis society. These	86947
chapters shall use the money they receive under this section to	86948
assist in paying the expenses they incur in providing services	86949
directly to their clients.	86950

The registrar shall pay the contributions the registrar	86951
receives pursuant to section 4503.496 of the Revised Code to the	86952
Ohio sickle cell and health association, which shall use the	86953
contributions to help support educational, clinical, and social	86954
support services for adults who have sickle cell disease.	86955

The registrar shall pay the contributions the registrar	86956
receives pursuant to section 4503.498 of the Revised Code to	86957
special olympics Ohio, inc., which shall use the contributions for	86958
its programs, charitable efforts, and other activities.	86959

The registrar shall pay the contributions the registrar	86960
receives pursuant to section 4503.499 of the Revised Code to the	86961
children's glioma cancer foundation, which shall use the	86962
contributions for its research and other programs.	86963

The registrar shall pay the contributions the registrar	86964
receives pursuant to section 4503.50 of the Revised Code to the	86965
future farmers of America foundation, which shall deposit the	86966
contributions into its general account to be used for educational	86967
and scholarship purposes of the future farmers of America	86968
foundation.	86969

The registrar shall pay the contributions the registrar	86970
receives pursuant to section 4503.501 of the Revised Code to the	86971
4-H youth development program of the Ohio state university	86972
extension program, which shall use those contributions to pay the	86973
expenses it incurs in conducting its educational activities.	86974

The registrar shall pay the contributions received pursuant	86975
to section 4503.502 of the Revised Code to the Ohio cattlemen's	86976
foundation, which shall use those contributions for scholarships	86977
and other educational activities.	86978

The registrar shall pay the contributions received pursuant	86979
to section 4503.505 of the Revised Code to the organization Ohio	86980
region phi theta kappa, which shall use those contributions for	86981
scholarships for students who are members of that organization.	86982

The registrar shall pay each contribution the registrar	86983
receives pursuant to section 4503.51 of the Revised Code to the	86984
university or college whose name or marking or design appears on	86985
collegiate license plates that are issued to a person under that	86986
section. A university or college that receives contributions from	86987
the fund shall deposit the contributions into its general	86988
scholarship fund.	86989

The registrar shall pay the contributions the registrar	86990
receives pursuant to section 4503.522 of the Revised Code to the	86991
"friends of Perry's victory and international peace memorial,	86992
incorporated," a nonprofit corporation organized under the laws of	86993
this state, to assist that organization in paying the expenses it	86994
incurs in sponsoring or holding charitable, educational, and	86995
cultural events at the monument.	86996

The registrar shall pay the contributions the registrar	86997
receives pursuant to section 4503.523 of the Revised Code to the	86998
fairport lights foundation, which shall use the money to pay for	86999
the restoration, maintenance, and preservation of the lighthouses	87000
of fairport harbor.	87001

The registrar shall pay the contributions the registrar	87002
receives pursuant to section 4503.524 of the Revised Code to the	87003
Massillon tiger football booster club, which shall use the	87004
contributions only to promote and support the football team of	87005
Washington high school of the Massillon city school district.	87006

The registrar shall pay the contributions the registrar	87007
receives pursuant to section 4503.526 of the Revised Code to the	87008
Ohio district Kiwanis foundation of the Ohio district of Kiwanis	87009
international, which shall use the money it receives under this	87010
section to pay the costs of its educational and humanitarian	87011
activities.	87012

The registrar shall pay the contributions the registrar	87013
receives pursuant to section 4503.531 of the Revised Code to the	87014
thank you foundation, incorporated, a nonprofit corporation	87015
organized under the laws of this state, to assist that	87016
organization in paying for the charitable activities and programs	87017
it sponsors in support of United States military personnel,	87018
veterans, and their families.	87019

The registrar shall pay the contributions the registrar	87020
receives pursuant to section 4503.55 of the Revised Code to the	87021
pro football hall of fame, which shall deposit the contributions	87022
into a special bank account that it establishes and which shall be	87023
separate and distinct from any other account the pro football hall	87024
of fame maintains, to be used exclusively for the purpose of	87025
promoting the pro football hall of fame as a travel destination.	87026

The registrar shall pay the contributions that are paid to	87027
the registrar pursuant to section 4503.545 of the Revised Code to	87028
the national rifle association foundation, which shall use the	87029
money to pay the costs of the educational activities and programs	87030
the foundation holds or sponsors in this state.	87031

The registrar shall pay to the Ohio pet fund the	87032
contributions the registrar receives pursuant to section 4503.551	87033
of the Revised Code and any other money from any other source,	87034
including donations, gifts, and grants, that is designated by the	87035
source to be paid to the Ohio pet fund. The Ohio pet fund shall	87036
use the moneys it receives under this section to support programs	87037
for the sterilization of dogs and cats and for educational	87038
programs concerning the proper veterinary care of those animals,	87039
and for expenses of the Ohio pet fund that are reasonably	87040
necessary for it to obtain and maintain its tax-exempt status and	87041
to perform its duties.	87042

The registrar shall pay the contributions the registrar	87043
receives pursuant to section 4503.552 of the Revised Code to the	87044
rock and roll hall of fame and museum, incorporated.	87045

The registrar shall pay the contributions the registrar	87046
receives pursuant to section 4503.553 of the Revised Code to the	87047
Ohio coalition for animals, incorporated, a nonprofit corporation.	87048
Except as provided in division (B) of this section, the coalition	87049
shall distribute the money to its members, and the members shall	87050
use the money only to pay for educational, charitable, and other	87051
programs of each coalition member that provide care for unwanted,	87052
abused, and neglected horses. The Ohio coalition for animals may	87053
use a portion of the money to pay for reasonable marketing costs	87054
incurred in the design and promotion of the license plate and for	87055
administrative costs incurred in the disbursement and management	87056
of funds received under this section.	87057

The registrar shall pay the contributions the registrar	87058
receives pursuant to section 4503.561 of the Revised Code to the	87059
state of Ohio chapter of ducks unlimited, inc., which shall	87060
deposit the contributions into a special bank account that it	87061
establishes. The special bank account shall be separate and	87062
distinct from any other account the state of Ohio chapter of ducks	87063
unlimited, inc., maintains and shall be used exclusively for the	87064
purpose of protecting, enhancing, restoring, and managing wetlands	87065
and conserving wildlife habitat. The state of Ohio chapter of	87066
ducks unlimited, inc., annually shall notify the registrar in	87067
writing of the name, address, and account to which such payments	87068
are to be made.	87069

The registrar shall pay the contributions the registrar	87070
receives pursuant to section 4503.562 of the Revised Code to the	87071
Mahoning river consortium, which shall use the money to pay the	87072
expenses it incurs in restoring and maintaining the Mahoning river	87073
watershed.	87074

The registrar shall pay the contributions the registrar	87075
receives pursuant to section 4503.564 of the Revised Code to	87076
Antioch college for the use of the Glen Helen ecology institute to	87077
pay expenses related to the Glen Helen nature preserve.	87078

The registrar shall pay to a sports commission created	87079
pursuant to section 4503.591 of the Revised Code each contribution	87080
the registrar receives under that section that an applicant pays	87081
to obtain license plates that bear the logo of a professional	87082
sports team located in the county of that sports commission and	87083
that is participating in the license plate program pursuant to	87084
division (E) of that section, irrespective of the county of	87085
residence of an applicant.	87086

The registrar shall pay to a community charity each	87087
contribution the registrar receives under section 4503.591 of the	87088
Revised Code that an applicant pays to obtain license plates that	87089
bear the logo of a professional sports team that is participating	87090
in the license plate program pursuant to division (G) of that	87091
section.	87092

The registrar shall pay the contributions the registrar	87093
receives pursuant to section 4503.67 of the Revised Code to the	87094
Dan Beard council of the boy scouts of America. The council shall	87095
distribute all contributions in an equitable manner throughout the	87096
state to regional councils of the boy scouts.	87097

The registrar shall pay the contributions the registrar	87098
receives pursuant to section 4503.68 of the Revised Code to the	87099
great river council of the girl scouts of the United States of	87100
America. The council shall distribute all contributions in an	87101
equitable manner throughout the state to regional councils of the	87102
girl scouts.	87103

The registrar shall pay the contributions the registrar	87104
receives pursuant to section 4503.69 of the Revised Code to the	87105
Dan Beard council of the boy scouts of America. The council shall	87106
distribute all contributions in an equitable manner throughout the	87107
state to regional councils of the boy scouts.	87108

The registrar shall pay the contributions the registrar	87109
receives pursuant to section 4503.701 of the Revised Code to the	87110
Prince Hall grand lodge of free and accepted masons of Ohio, which	87111
shall use the contributions for scholarship purposes.	87112

The registrar shall pay the contributions the registrar	87113
receives pursuant to section 4503.71 of the Revised Code to the	87114
fraternal order of police of Ohio, incorporated, which shall	87115
deposit the fees into its general account to be used for purposes	87116
of the fraternal order of police of Ohio, incorporated.	87117

The registrar shall pay the contributions the registrar	87118
receives pursuant to section 4503.711 of the Revised Code to the	87119
fraternal order of police of Ohio, incorporated, which shall	87120
deposit the contributions into an account that it creates to be	87121
used for the purpose of advancing and protecting the law	87122
enforcement profession, promoting improved law enforcement	87123
methods, and teaching respect for law and order.	87124

The registrar shall pay the contributions received pursuant	87125
to section 4503.712 of the Revised Code to Ohio concerns of police	87126
survivors, which shall use those contributions to provide whatever	87127
assistance may be appropriate to the families of Ohio law	87128
enforcement officers who are killed in the line of duty.	87129

The registrar shall pay the contributions received pursuant	87130
to section 4503.713 of the Revised Code to the greater Cleveland	87131
peace officers memorial society, which shall use those	87132
contributions to honor law enforcement officers who have died in	87133
the line of duty and support its charitable purposes.	87134

The registrar shall pay the contributions the registrar	87135
receives pursuant to section 4503.72 of the Revised Code to the	87136
organization known on March 31, 2003, as the Ohio CASA/GAL	87137
association, a private, nonprofit corporation organized under	87138
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	87139
shall use these contributions to pay the expenses it incurs in	87140
administering a program to secure the proper representation in the	87141
courts of this state of abused, neglected, and dependent children,	87142
and for the training and supervision of persons participating in	87143
that program.	87144

The registrar shall pay the contributions the registrar	87145
receives pursuant to section 4503.73 of the Revised Code to Wright	87146
B. Flyer, incorporated, which shall deposit the contributions into	87147
its general account to be used for purposes of Wright B. Flyer,	87148
incorporated.	87149

The registrar shall pay the contributions the registrar	87150
receives pursuant to section 4503.732 of the Revised Code to the	87151
Siegel & Shuster society, a nonprofit organization dedicated to	87152
commemorating and celebrating the creation of Superman in	87153
Cleveland, Ohio.	87154

The registrar shall pay the contributions the registrar	87155
receives pursuant to section 4503.74 of the Revised Code to the	87156
Columbus zoological park association, which shall disburse the	87157
moneys to Ohio's major metropolitan zoos, as defined in section	87158
4503.74 of the Revised Code, in accordance with a written	87159
agreement entered into by the major metropolitan zoos.	87160

The registrar shall pay the contributions the registrar	87161
receives pursuant to section 4503.75 of the Revised Code to the	87162
rotary foundation, located on March 31, 2003, in Evanston,	87163
Illinois, to be placed in a fund known as the permanent fund and	87164
used to endow educational and humanitarian programs of the rotary	87165
foundation.	87166

The registrar shall pay the contributions the registrar	87167
receives pursuant to section 4503.751 of the Revised Code to the	87168
Ohio association of realtors, which shall deposit the	87169
contributions into a property disaster relief fund maintained	87170
under the Ohio realtors charitable and education foundation.	87171

The registrar shall pay the contributions the registrar	87172
receives pursuant to section 4503.85 of the Revised Code to the	87173
Ohio sea grant college program to be used for Lake Erie area	87174
research projects.	87175

The registrar shall pay the contributions the registrar	87176
receives pursuant to section 4503.89 of the Revised Code to the	87177
American red cross of greater Columbus on behalf of the Ohio	87178
chapters of the American red cross, which shall use the	87179
contributions for disaster readiness, preparedness, and response	87180
programs on a statewide basis.	87181

The registrar shall pay the contributions received pursuant	87182
to section 4503.92 of the Revised Code to support our troops,	87183
incorporated, a national nonprofit corporation, which shall use	87184
those contributions in accordance with its articles of	87185
incorporation and for the benefit of servicemembers of the armed	87186
forces of the United States and their families when they are in	87187
financial need.	87188

The registrar shall pay the contributions the registrar	87189
receives pursuant to section 4503.94 of the Revised Code to the	87190
Michelle's leading star foundation, which shall use the money	87191
solely to fund the rental, lease, or purchase of the simulated	87192
driving curriculum of the Michelle's leading star foundation by	87193
boards of education of city, exempted village, local, and joint	87194
vocational school districts.	87195

(C) All investment earnings of the license plate contribution	87196
fund shall be credited to the fund. Not later than the first day	87197
of May of every year, the registrar shall distribute to each	87198
entity described in division (B) of this section the investment	87199
income the fund earned the previous calendar year. The amount of	87200
such a distribution paid to an entity shall be proportionate to	87201
the amount of money the entity received from the fund during the	87202
previous calendar year.	87203

Sec. 4503.03. (A)(1)(a) ~~The~~Except as provided in division	87204
(B) of this section, the registrar of motor vehicles may designate	87205
~~the county auditor in each county~~any of the following persons as	87206
a deputy registrar~~. If the population of a county is forty~~	87207
~~thousand or less according to the last federal census and if the~~	87208
~~county auditor is designated by the registrar as a deputy~~	87209
~~registrar, no other person need be designated in the county to act~~	87210
~~as a deputy registrar~~:	87211

(i) The county auditor in any county;

87212

(ii) The clerk of a court of common pleas in any county	87213
subject to division (A)(1)(b) of this section;	87214

(iii) An individual;

87215

(iv) A nonprofit corporation as defined in division (C) of	87216
section 1702.01 of the Revised Code.	87217

(b) The registrar may designate a clerk of a court of common	87218
pleas as a deputy registrar if the population of ~~the~~a county is	87219
forty thousand or less according to the last federal census. In a	87220
county with a population greater than forty thousand but not more	87221
than fifty thousand according to the last federal census, the	87222
clerk of a court of common pleas is eligible to act as a deputy	87223
registrar and may participate in the competitive selection process	87224
for the award of a deputy registrar contract by applying in the	87225
same manner as any other person. All fees collected and retained	87226
by a clerk for conducting deputy registrar services shall be paid	87227
into the county treasury to the credit of the certificate of title	87228
administration fund created under section 325.33 of the Revised	87229
Code.	87230

~~(c) In all other instances, the registrar shall contract with~~	87231
~~one or more other persons in each county to act as deputy~~	87232
~~registrars. As part of the selection process in awarding a deputy~~	87233
~~registrar contract, the registrar shall consider the customer~~	87234
~~service performance record of any person previously awarded a~~	87235
~~deputy registrar contract.~~	87236

Notwithstanding the county population restrictions in	87237
division (A)(1)(b) of this section, if no person applies to act	87238
under contract as a deputy registrar in a county and the county	87239
auditor is not designated as a deputy registrar, the registrar may	87240
ask the clerk of a court of common pleas to serve as the deputy	87241
registrar for that county.	87242

(c) The registrar shall determine the need for a deputy	87243
registrar in each county. If the registrar determines that deputy	87244
registrar services are adequately provided either by a deputy	87245
registrar in that county or a deputy registrar in an adjoining	87246
county, no additional person shall be designated pursuant to	87247
division (A)(1) of this section to act as deputy registrar. If the	87248
registrar determines that deputy registrar services are not	87249
adequately provided in that county, the registrar may appoint one	87250
or more deputy registrars as are necessary to provide adequate	87251
services.	87252

As part of the selection process in awarding a deputy	87253
registrar contract, the registrar shall consider the customer	87254
service performance record of any person previously awarded a	87255
deputy registrar contract pursuant to division (A)(1) of this	87256
section.	87257

(2) Deputy registrars shall accept applications for the	87258
annual license tax for any vehicle not taxed under section 4503.63	87259
of the Revised Code and shall assign distinctive numbers in the	87260
same manner as the registrar. ~~Such deputies shall be located in~~	87261
~~such locations in the county as the registrar sees fit. There~~	87262
~~shall be at least one deputy registrar in each county.~~	87263

Deputy registrar contracts are subject to the provisions of	87264
division (B) of section 125.081 of the Revised Code.	87265

(B)(1) The registrar shall not ~~contract with~~designate any	87266
person to act as a deputy registrar under division (A)(1) of this	87267
section if the person or, where applicable, the person's spouse or	87268
a member of the person's immediate family has made, within the	87269
current calendar year or any one of the previous three calendar	87270
years, one or more contributions totaling in excess of one hundred	87271
dollars to any person or entity included in division (A)(2) of	87272
section 4503.033 of the Revised Code. As used in this division,	87273
"immediate family" has the same meaning as in division (D) of	87274
section 102.01 of the Revised Code, and "entity" includes any	87275
political party and any "continuing association" as defined in	87276
division (B)(4) of section 3517.01 of the Revised Code or	87277
"political action committee" as defined in division (B)(8) of that	87278
section that is primarily associated with that political party.	87279
For purposes of this division, contributions to any continuing	87280
association or any political action committee that is primarily	87281
associated with a political party shall be aggregated with	87282
contributions to that political party.	87283

The contribution limitations contained in this division do	87284
not apply to any county auditor or clerk of a court of common	87285
pleas. A county auditor or clerk of a court of common pleas is not	87286
required to file the disclosure statement or pay the filing fee	87287
required under section 4503.033 of the Revised Code. The	87288
limitations of this division also do not apply to a deputy	87289
registrar who, subsequent to being awarded a deputy registrar	87290
contract, is elected to an office of a political subdivision.	87291

(2) The registrar shall not ~~contract with~~designate either of	87292
the following to act as a deputy registrar:	87293

~~(1)~~(a) Any elected public official other than a county	87294
auditor or, as authorized by division (A)(1)(b) of this section, a	87295
clerk of a court of common pleas, acting in an official capacity,	87296
except that, the registrar shall continue and may renew a contract	87297
with any deputy registrar who, subsequent to being awarded a	87298
deputy registrar contract, is elected to an office of a political	87299
subdivision;	87300

~~(2)~~(b) Any person holding a current, valid contract to	87301
conduct motor vehicle inspections under section 3704.14 of the	87302
Revised Code.	87303

(3) As used in division (B) of this section, "political	87304
subdivision" has the same meaning as in section 3501.01 of the	87305
Revised Code.	87306

(C)(1) Except as provided in division (C)(2) of this section,	87307
deputy registrars are independent contractors and neither they nor	87308
their employees are employees of this state, except that nothing	87309
in this section shall affect the status of county auditors or	87310
clerks of courts of common pleas as public officials, nor the	87311
status of their employees as employees of any of the counties of	87312
this state, which are political subdivisions of this state. Each	87313
deputy registrar shall be responsible for the payment of all	87314
unemployment compensation premiums, all workers' compensation	87315
premiums, social security contributions, and any and all taxes for	87316
which the deputy registrar is legally responsible. Each deputy	87317
registrar shall comply with all applicable federal, state, and	87318
local laws requiring the withholding of income taxes or other	87319
taxes from the compensation of the deputy registrar's employees.	87320
Each deputy registrar shall maintain during the entire term of the	87321
deputy registrar's contract a policy of business liability	87322
insurance satisfactory to the registrar and shall hold the	87323
department of public safety, the director of public safety, the	87324
bureau of motor vehicles, and the registrar harmless upon any and	87325
all claims for damages arising out of the operation of the deputy	87326
registrar agency.	87327

(2) For purposes of Chapter 4141. of the Revised Code,	87328
determinations concerning the employment of deputy registrars and	87329
their employees shall be made under Chapter 4141. of the Revised	87330
Code.	87331

(D)(1) With the approval of the director, the registrar shall	87332
adopt rules governing ~~the~~deputy registrars. The rules shall do	87333
all of the following:	87334

(a) Establish requirements governing the terms of the	87335
contract between the registrar and each deputy registrar and	87336
~~specifications for~~ the services to be performed~~. The rules shall~~	87337
~~include specifications relating to the~~;	87338

(b) Establish requirements governing the amount of bond to be	87339
given as provided in this section; ~~the~~	87340

(c) Establish requirements governing the size and location of	87341
the deputy's office; ~~and~~	87342

(d) Establish requirements governing the leasing of equipment	87343
necessary to conduct the vision screenings required under section	87344
4507.12 of the Revised Code and training in the use of the	87345
equipment~~. The specifications shall permit and encourage~~;	87346

(e) Encourage every deputy registrar to inform the public of	87347
the location of the deputy registrar's office and hours of	87348
operation by means of public service announcements ~~and allow~~;	87349

(f) Allow any deputy registrar to advertise in regard to the	87350
operation of the deputy registrar's office~~. The rules also shall~~	87351
~~include specifications for~~;	87352

(g) Specify the hours the deputy's office is to be open to	87353
the public and ~~shall~~ require as a minimum that one deputy's	87354
office in each county containing a deputy registrar's office be	87355
open to the public for at least four hours each weekend, provided	87356
that if only one deputy's office is located within the boundary of	87357
the county seat, that office is the office that shall be open for	87358
the four-hour period each weekend~~. The rules also shall include~~	87359
~~specifications providing~~;	87360

(h) Specify that every deputy ~~in each county~~registrar, upon	87361
request, provide any person with information about the location	87362
and office hours of all deputy registrars in the county ~~and that~~	87363
~~every deputy prominently display within the deputy's office, the~~	87364
~~toll-free telephone number of the bureau. The rules shall not~~	87365
~~prohibit the award of~~;	87366

(i) Allow a deputy registrar contract to be awarded to a	87367
nonprofit corporation formed under the laws of this state~~. The~~	87368
~~rules shall~~;	87369

(j) Except as provided in division (D)(2) of this section,	87370
prohibit any deputy registrar from operating more than one ~~such~~	87371
deputy registrar's office at any time~~, except that the rules may~~	87372
~~permit a nonprofit corporation formed for the purposes of~~	87373
~~providing automobile-related services to its members or the public~~	87374
~~and that provides such services from more than one location in~~	87375
~~this state to operate a deputy registrar office at any such~~	87376
~~location, provided that the nonprofit corporation operates no more~~	87377
~~than one deputy registrar office in any one county. The rules may~~	87378
~~include such other specifications as the registrar and director~~	87379
~~consider necessary to provide a high level of service.~~	87380

~~The rules shall establish~~;

87381

(k) For the duration of any deputy registrar contract,	87382
require that the deputy registrar occupy a primary residence in a	87383
location that is within a one-hour commute time from the deputy	87384
registrar's office or offices. The rules shall require the	87385
registrar to determine commute time by using multiple established	87386
internet-based mapping services.	87387

(l) Establish procedures for a deputy registrar ~~who requests~~	87388
~~such~~to request the authority to collect reinstatement fees under	87389
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	87390
4510.72, and 4511.191 of the Revised Code and to transmit the	87391
reinstatement fees and two dollars of the service fee collected	87392
under those sections. The registrar shall ensure that, not later	87393
than January 1, 2012, at least one deputy registrar in each county	87394
containing a deputy registrar's office has the necessary equipment	87395
and is able to accept reinstatement fees. The registrar shall	87396
deposit the service fees received from a deputy registrar under	87397
those sections into the state bureau of motor vehicles fund	87398
created in section 4501.25 of the Revised Code and shall use the	87399
money for deputy registrar equipment necessary in connection with	87400
accepting reinstatement fees.	87401

(m) Establish such other requirements as the registrar and	87402
director consider necessary to provide a high level of service.	87403

(2) Notwithstanding division (D)(1)(j) of this section, the	87404
rules may allow both of the following:	87405

(a) The registrar to award a contract to a deputy registrar	87406
to operate more than one deputy registrar's office if determined	87407
by the registrar to be practical;	87408

(b) A nonprofit corporation formed for the purposes of	87409
providing automobile-related services to its members or the public	87410
and that provides such services from more than one location in	87411
this state to operate a deputy registrar office at any location.	87412

(3) As a daily adjustment, the bureau of motor vehicles shall	87413
credit to a deputy registrar three dollars and fifty cents for	87414
each damaged license plate or validation sticker the deputy	87415
registrar replaces as a service to a member of the public.	87416

~~(3)~~(4)(a) With the prior approval of the registrar, each	87417
deputy registrar may conduct at the location of the deputy	87418
registrar's office any business that is consistent with the	87419
functions of a deputy registrar and that is not specifically	87420
mandated or authorized by this or another chapter of the Revised	87421
Code or by implementing rules of the registrar.	87422

(b) In accordance with guidelines the director of public	87423
safety shall establish, a deputy registrar may operate or contract	87424
for the operation of a vending machine at a deputy registrar	87425
location if products of the vending machine are consistent with	87426
the functions of a deputy registrar.	87427

(c) A deputy registrar may enter into an agreement with the	87428
Ohio turnpike and infrastructure commission pursuant to division	87429
(A)(11) of section 5537.04 of the Revised Code for the purpose of	87430
allowing the general public to acquire from the deputy registrar	87431
the electronic toll collection devices that are used under the	87432
multi-jurisdiction electronic toll collection agreement between	87433
the Ohio turnpike and infrastructure commission and any other	87434
entities or agencies that participate in such an agreement. The	87435
approval of the registrar is not necessary if a deputy registrar	87436
engages in this activity.	87437

~~(4)~~(5) As used in this section and in section 4507.01 of the	87438
Revised Code, "nonprofit corporation" has the same meaning as in	87439
section 1702.01 of the Revised Code.	87440

(E)(1) Unless otherwise terminated and except for interim	87441
contracts ~~of less~~lasting not longer than one year, contracts with	87442
deputy registrars shall be ~~for a term of at least two years, but~~	87443
~~no more than three years, and all contracts effective on or after~~	87444
entered into through a competitive selection process and shall be	87445
limited in duration as follows:	87446

(a) For contracts entered into between July 1, 1996~~, shall be~~	87447
~~for a term of more~~and June 29, 2014, for a period of not less	87448
than two years, but not more than three years~~. All~~;	87449

(b) For contracts entered into on or after June 29, 2014, for	87450
a period of five years, unless the registrar determines that a	87451
shorter contract term is appropriate for a particular deputy	87452
registrar.	87453

(2) All contracts with deputy registrars shall expire on the	87454
last Saturday of June in the year of their expiration. ~~The~~Prior	87455
to the expiration of any deputy registrar contract, the registrar,	87456
with the approval of the director, may award a one-year contract	87457
extension to any deputy registrar who has provided exemplary	87458
service based upon objective performance evaluations.	87459

(3)(a) The auditor of state may examine the accounts,	87460
reports, systems, and other data of each deputy registrar at least	87461
every two years. The registrar, with the approval of the director,	87462
shall immediately remove a deputy who violates any provision of	87463
the Revised Code related to the duties as a deputy, any rule	87464
adopted by the registrar, or a term of the deputy's contract with	87465
the registrar. The registrar also may remove a deputy who, in the	87466
opinion of the registrar, has engaged in any conduct that is	87467
either unbecoming to one representing this state or is	87468
inconsistent with the efficient operation of the deputy's office.	87469

(b) If the registrar, with the approval of the director,	87470
determines that there is good cause to believe that a deputy	87471
registrar or a person proposing for a deputy registrar contract	87472
has engaged in any conduct that would require the denial or	87473
termination of the deputy registrar contract, the registrar may	87474
require the production of books, records, and papers as the	87475
registrar determines are necessary, and may take the depositions	87476
of witnesses residing within or outside the state in the same	87477
manner as is prescribed by law for the taking of depositions in	87478
civil actions in the court of common pleas, and for that purpose	87479
the registrar may issue a subpoena for any witness or a subpoena	87480
duces tecum to compel the production of any books, records, or	87481
papers, directed to the sheriff of the county where the witness	87482
resides or is found. Such a subpoena shall be served and returned	87483
in the same manner as a subpoena in a criminal case is served and	87484
returned. The fees of the sheriff shall be the same as that	87485
allowed in the court of common pleas in criminal cases. Witnesses	87486
shall be paid the fees and mileage provided for under section	87487
119.094 of the Revised Code. The fees and mileage shall be paid	87488
from the fund in the state treasury for the use of the agency in	87489
the same manner as other expenses of the agency are paid.	87490

In any case of disobedience or neglect of any subpoena served	87491
on any person or the refusal of any witness to testify to any	87492
matter regarding which the witness lawfully may be interrogated,	87493
the court of common pleas of any county where the disobedience,	87494
neglect, or refusal occurs or any judge of that court, on	87495
application by the registrar, shall compel obedience by attachment	87496
proceedings for contempt, as in the case of disobedience of the	87497
requirements of a subpoena issued from that court, or a refusal to	87498
testify in that court.	87499

(4) Nothing in ~~this~~ division (E) of this section shall be	87500
construed to require a hearing of any nature prior to the	87501
termination of any deputy registrar contract by the registrar,	87502
with the approval of the director, for cause.	87503

(F) Except as provided in section 2743.03 of the Revised	87504
Code, no court, other than the court of common pleas of Franklin	87505
county, has jurisdiction of any action against the department of	87506
public safety, the director, the bureau, or the registrar to	87507
restrain the exercise of any power or authority, or to entertain	87508
any action for declaratory judgment, in the selection and	87509
appointment of, or contracting with, deputy registrars. Neither	87510
the department, the director, the bureau, nor the registrar is	87511
liable in any action at law for damages sustained by any person	87512
because of any acts of the department, the director, the bureau,	87513
or the registrar, or of any employee of the department or bureau,	87514
in the performance of official duties in the selection and	87515
appointment of, and contracting with, deputy registrars.	87516

(G) The registrar shall assign to each deputy registrar a	87517
series of numbers sufficient to supply the demand at all times in	87518
the area the deputy registrar serves, and the registrar shall keep	87519
a record in the registrar's office of the numbers within the	87520
series assigned. Each deputy shall be required to give bond in the	87521
amount of at least twenty-five thousand dollars, or in such higher	87522
amount as the registrar determines necessary, based on a uniform	87523
schedule of bond amounts established by the registrar and	87524
determined by the volume of registrations handled by the deputy.	87525
The form of the bond shall be prescribed by the registrar. The	87526
bonds required of deputy registrars, in the discretion of the	87527
registrar, may be individual or schedule bonds or may be included	87528
in any blanket bond coverage carried by the department.	87529

(H) Each deputy registrar shall keep a file of each	87530
application received by the deputy and shall register that motor	87531
vehicle with the name and address of its owner.	87532

(I) Upon request, a deputy registrar shall make the physical	87533
inspection of a motor vehicle and issue the physical inspection	87534
certificate required in section 4505.061 of the Revised Code.	87535

(J) Each deputy registrar shall file a report semiannually	87536
with the registrar of motor vehicles listing the number of	87537
applicants for licenses the deputy has served, the number of voter	87538
registration applications the deputy has completed and transmitted	87539
to the board of elections, and the number of voter registration	87540
applications declined.	87541

Sec. 4503.0610. (A) As used in this section:

87542

(1) "Eligible manufactured home" means a manufactured home or	87543
mobile home that is not an ineligible manufactured home.	87544

(2) "Ineligible manufactured home" means either of the	87545
following:	87546

(a) A manufactured home or mobile home against which	87547
foreclosure or other proceedings to take possession of the	87548
manufactured home or mobile home have been initiated based on a	87549
mortgage, lien, or security interest on or in the manufactured	87550
home or mobile home. A manufactured home or mobile home is an	87551
"ineligible manufactured home" for any tax year during which such	87552
proceedings against the manufactured home or mobile home remain	87553
pending.	87554

(b) A manufactured home that is listed on the delinquent	87555
manufactured home tax list. A manufactured home is an "ineligible	87556
manufactured home" for any tax year during which the manufactured	87557
home is listed on the delinquent manufactured home tax list.	87558

(B) If a board of county commissioners adopts a resolution	87559
granting a partial real property tax exemption under section	87560
323.158 of the Revised Code, it also shall adopt a resolution	87561
under this section granting a partial manufactured home tax	87562
exemption. The partial exemption shall take the form of a	87563
reduction each year in the manufactured home tax charged against	87564
each eligible manufactured home in the county under section	87565
4503.06 of the Revised Code, by the same percentage by which real	87566
property taxes were reduced for the preceding year in the	87567
resolution adopted under section 323.158 of the Revised Code. Upon	87568
adopting the resolution under this section, the board shall	87569
certify copies of it to the county auditor and the tax	87570
commissioner.	87571

~~(B)~~(C) After complying with sections 4503.06 and 4503.065 of	87572
the Revised Code, the county auditor shall reduce the remaining	87573
sum to be levied against aan eligible manufactured home by the	87574
percentage called for in the resolution adopted under division (A)	87575
of this section. The auditor shall certify the amount of tax	87576
remaining after the reduction to the county treasurer for	87577
collection as the manufactured home tax charged and payable on the	87578
eligible manufactured home.	87579

~~(C)~~(D) For each tax year, the county auditor shall certify to	87580
the board of county commissioners the total amount by which	87581
manufactured home taxes are reduced under this section. At the	87582
time of each semi-annual distribution of manufactured home taxes	87583
in the county, the board shall pay to the auditor one-half of that	87584
total amount. Upon receipt of the payment, the auditor shall	87585
distribute it among the various taxing districts in the county as	87586
though it had been levied and collected as manufactured home	87587
taxes. The board shall make the payment from the county general	87588
fund or from any other county revenue that may be used for that	87589
purpose.	87590

~~(D)~~(E) If a board of county commissioners repeals a	87591
resolution adopted under section 323.158 of the Revised Code, it	87592
also shall repeal the resolution adopted under this section.	87593

Sec. 4503.44. (A) As used in this section and in section	87594
4511.69 of the Revised Code:	87595

(1) "Person with a disability that limits or impairs the	87596
ability to walk" means any person who, as determined by a health	87597
care provider, meets any of the following criteria:	87598

(a) Cannot walk two hundred feet without stopping to rest;

87599

(b) Cannot walk without the use of, or assistance from, a	87600
brace, cane, crutch, another person, prosthetic device,	87601
wheelchair, or other assistive device;	87602

(c) Is restricted by a lung disease to such an extent that	87603
the person's forced (respiratory) expiratory volume for one	87604
second, when measured by spirometry, is less than one liter, or	87605
the arterial oxygen tension is less than sixty millimeters of	87606
mercury on room air at rest;	87607

(d) Uses portable oxygen;

87608

(e) Has a cardiac condition to the extent that the person's	87609
functional limitations are classified in severity as class III or	87610
class IV according to standards set by the American heart	87611
association;	87612

(f) Is severely limited in the ability to walk due to an	87613
arthritic, neurological, or orthopedic condition;	87614

(g) Is blind.

87615

(2) "Organization" means any private organization or	87616
corporation, or any governmental board, agency, department,	87617
division, or office, that, as part of its business or program,	87618
transports persons with disabilities that limit or impair the	87619
ability to walk on a regular basis in a motor vehicle that has not	87620
been altered for the purpose of providing it with special	87621
equipment for use by ~~handicapped~~ persons with disabilities. This	87622
definition does not apply to division (J) of this section.	87623

(3) "Health care provider" means a physician, physician	87624
assistant, advanced practice registered nurse, or chiropractor as	87625
defined in this section.	87626

(4) "Physician" means a person licensed to practice medicine	87627
or surgery or osteopathic medicine and surgery under Chapter 4731.	87628
of the Revised Code.	87629

(5) "Chiropractor" means a person licensed to practice	87630
chiropractic under Chapter 4734. of the Revised Code.	87631

(6) "Advanced practice registered nurse" means a certified	87632
nurse practitioner, clinical nurse specialist, certified	87633
registered nurse anesthetist, or certified nurse-midwife who holds	87634
a certificate of authority issued by the board of nursing under	87635
Chapter 4723. of the Revised Code.	87636

(7) "Physician assistant" means a person who holds a	87637
certificate to practice as a physician assistant issued under	87638
Chapter 4730. of the Revised Code.	87639

(B) Any organization or person with a disability that limits	87640
or impairs the ability to walk may apply to the registrar of motor	87641
vehicles for a removable windshield placard or, if the person owns	87642
or leases a motor vehicle, the person may apply for the	87643
registration of any motor vehicle the person owns or leases. In	87644
addition to one or more sets of license plates or one placard, a	87645
person with a disability that limits or impairs the ability to	87646
walk is entitled to one additional placard, but only if the person	87647
applies separately for the additional placard, states the reasons	87648
why the additional placard is needed, and the registrar, in the	87649
registrar's discretion, determines that good and justifiable cause	87650
exists to approve the request for the additional placard. When a	87651
motor vehicle has been altered for the purpose of providing it	87652
with special equipment for a person with a disability that limits	87653
or impairs the ability to walk, but is owned or leased by someone	87654
other than such a person, the owner or lessee may apply to the	87655
registrar or a deputy registrar for registration under this	87656
section. The application for registration of a motor vehicle owned	87657
or leased by a person with a disability that limits or impairs the	87658
ability to walk shall be accompanied by a signed statement from	87659
the applicant's health care provider certifying that the applicant	87660
meets at least one of the criteria contained in division (A)(1) of	87661
this section and that the disability is expected to continue for	87662
more than six consecutive months. The application for a removable	87663
windshield placard made by a person with a disability that limits	87664
or impairs the ability to walk shall be accompanied by a	87665
prescription from the applicant's health care provider prescribing	87666
such a placard for the applicant, provided that the applicant	87667
meets at least one of the criteria contained in division (A)(1) of	87668
this section. The health care provider shall state on the	87669
prescription the length of time the health care provider expects	87670
the applicant to have the disability that limits or impairs the	87671
applicant's ability to walk. The application for a removable	87672
windshield placard made by an organization shall be accompanied by	87673
such documentary evidence of regular transport of persons with	87674
disabilities that limit or impair the ability to walk by the	87675
organization as the registrar may require by rule and shall be	87676
completed in accordance with procedures that the registrar may	87677
require by rule. The application for registration of a motor	87678
vehicle that has been altered for the purpose of providing it with	87679
special equipment for a person with a disability that limits or	87680
impairs the ability to walk but is owned by someone other than	87681
such a person shall be accompanied by such documentary evidence of	87682
vehicle alterations as the registrar may require by rule.	87683

(C) When an organization, a person with a disability that	87684
limits or impairs the ability to walk, or a person who does not	87685
have a disability that limits or impairs the ability to walk but	87686
owns a motor vehicle that has been altered for the purpose of	87687
providing it with special equipment for a person with a disability	87688
that limits or impairs the ability to walk first submits an	87689
application for registration of a motor vehicle under this section	87690
and every fifth year thereafter, the organization or person shall	87691
submit a signed statement from the applicant's health care	87692
provider, a completed application, and any required documentary	87693
evidence of vehicle alterations as provided in division (B) of	87694
this section, and also a power of attorney from the owner of the	87695
motor vehicle if the applicant leases the vehicle. Upon submission	87696
of these items, the registrar or deputy registrar shall issue to	87697
the applicant appropriate vehicle registration and a set of	87698
license plates and validation stickers, or validation stickers	87699
alone when required by section 4503.191 of the Revised Code. In	87700
addition to the letters and numbers ordinarily inscribed thereon,	87701
the license plates shall be imprinted with the international	87702
symbol of access. The license plates and validation stickers shall	87703
be issued upon payment of the regular license fee as prescribed	87704
under section 4503.04 of the Revised Code and any motor vehicle	87705
tax levied under Chapter 4504. of the Revised Code, and the	87706
payment of a service fee equal to the amount specified in division	87707
(D) or (G) of section 4503.10 of the Revised Code.	87708

(D)(1) Upon receipt of a completed and signed application for	87709
a removable windshield placard, a prescription as described in	87710
division (B) of this section, documentary evidence of regular	87711
transport of persons with disabilities that limit or impair the	87712
ability to walk, if required, and payment of a service fee equal	87713
to the amount specified in division (D) or (G) of section 4503.10	87714
of the Revised Code, the registrar or deputy registrar shall issue	87715
to the applicant a removable windshield placard, which shall bear	87716
the date of expiration on both sides of the placard and shall be	87717
valid until expired, revoked, or surrendered. Every removable	87718
windshield placard expires as described in division (D)(2) of this	87719
section, but in no case shall a removable windshield placard be	87720
valid for a period of less than sixty days. Removable windshield	87721
placards shall be renewable upon application as provided in	87722
division (B) of this section, and a service fee equal to the	87723
amount specified in division (D) or (G) of section 4503.10 of the	87724
Revised Code shall be charged for the renewal of a removable	87725
windshield placard. The registrar shall provide the application	87726
form and shall determine the information to be included thereon.	87727
The registrar also shall determine the form and size of the	87728
removable windshield placard, the material of which it is to be	87729
made, and any other information to be included thereon, and shall	87730
adopt rules relating to the issuance, expiration, revocation,	87731
surrender, and proper display of such placards. Any placard issued	87732
after October 14, 1999, shall be manufactured in a manner that	87733
allows the expiration date of the placard to be indicated on it	87734
through the punching, drilling, boring, or creation by any other	87735
means of holes in the placard.	87736

(2) At the time a removable windshield placard is issued to a	87737
person with a disability that limits or impairs the ability to	87738
walk, the registrar or deputy registrar shall enter into the	87739
records of the bureau of motor vehicles the last date on which the	87740
person will have that disability, as indicated on the accompanying	87741
prescription. Not less than thirty days prior to that date and all	87742
removable windshield placard renewal dates, the bureau shall send	87743
a renewal notice to that person at the person's last known address	87744
as shown in the records of the bureau, informing the person that	87745
the person's removable windshield placard will expire on the	87746
indicated date not to exceed five years from the date of issuance,	87747
and that the person is required to renew the placard by submitting	87748
to the registrar or a deputy registrar another prescription, as	87749
described in division (B) of this section, and by complying with	87750
the renewal provisions prescribed in division (D)(1) of this	87751
section. If such a prescription is not received by the registrar	87752
or a deputy registrar by that date, the placard issued to that	87753
person expires and no longer is valid, and this fact shall be	87754
recorded in the records of the bureau.	87755

(3) At least once every year, on a date determined by the	87756
registrar, the bureau shall examine the records of the office of	87757
vital statistics, located within the department of health, that	87758
pertain to deceased persons, and also the bureau's records of all	87759
persons who have been issued removable windshield placards and	87760
temporary removable windshield placards. If the records of the	87761
office of vital statistics indicate that a person to whom a	87762
removable windshield placard or temporary removable windshield	87763
placard has been issued is deceased, the bureau shall cancel that	87764
placard, and note the cancellation in its records.	87765

The office of vital statistics shall make available to the	87766
bureau all information necessary to enable the bureau to comply	87767
with division (D)(3) of this section.	87768

(4) Nothing in this section shall be construed to require a	87769
person or organization to apply for a removable windshield placard	87770
or special license plates if the parking card or special license	87771
plates issued to the person or organization under prior law have	87772
not expired or been surrendered or revoked.	87773

(E)(1)(a) Any person with a disability that limits or impairs	87774
the ability to walk may apply to the registrar or a deputy	87775
registrar for a temporary removable windshield placard. The	87776
application for a temporary removable windshield placard shall be	87777
accompanied by a prescription from the applicant's health care	87778
provider prescribing such a placard for the applicant, provided	87779
that the applicant meets at least one of the criteria contained in	87780
division (A)(1) of this section and that the disability is	87781
expected to continue for six consecutive months or less. The	87782
health care provider shall state on the prescription the length of	87783
time the health care provider expects the applicant to have the	87784
disability that limits or impairs the applicant's ability to walk,	87785
which cannot exceed six months from the date of the prescription.	87786
Upon receipt of an application for a temporary removable	87787
windshield placard, presentation of the prescription from the	87788
applicant's health care provider, and payment of a service fee	87789
equal to the amount specified in division (D) or (G) of section	87790
4503.10 of the Revised Code, the registrar or deputy registrar	87791
shall issue to the applicant a temporary removable windshield	87792
placard.	87793

(b) Any active-duty member of the armed forces of the United	87794
States, including the reserve components of the armed forces and	87795
the national guard, who has an illness or injury that limits or	87796
impairs the ability to walk may apply to the registrar or a deputy	87797
registrar for a temporary removable windshield placard. With the	87798
application, the person shall present evidence of the person's	87799
active-duty status and the illness or injury. Evidence of the	87800
illness or injury may include a current department of defense	87801
convalescent leave statement, any department of defense document	87802
indicating that the person currently has an ill or injured	87803
casualty status or has limited duties, or a prescription from any	87804
health care provider prescribing the placard for the applicant.	87805
Upon receipt of the application and the necessary evidence, the	87806
registrar or deputy registrar shall issue the applicant the	87807
temporary removable windshield placard without the payment of any	87808
service fee.	87809

(2) The temporary removable windshield placard shall be of	87810
the same size and form as the removable windshield placard, shall	87811
be printed in white on a red-colored background, and shall bear	87812
the word "temporary" in letters of such size as the registrar	87813
shall prescribe. A temporary removable windshield placard also	87814
shall bear the date of expiration on the front and back of the	87815
placard, and shall be valid until expired, surrendered, or	87816
revoked, but in no case shall such a placard be valid for a period	87817
of less than sixty days. The registrar shall provide the	87818
application form and shall determine the information to be	87819
included on it, provided that the registrar shall not require a	87820
health care provider's prescription or certification for a person	87821
applying under division (E)(1)(b) of this section. The registrar	87822
also shall determine the material of which the temporary removable	87823
windshield placard is to be made and any other information to be	87824
included on the placard and shall adopt rules relating to the	87825
issuance, expiration, surrender, revocation, and proper display of	87826
those placards. Any temporary removable windshield placard issued	87827
after October 14, 1999, shall be manufactured in a manner that	87828
allows for the expiration date of the placard to be indicated on	87829
it through the punching, drilling, boring, or creation by any	87830
other means of holes in the placard.	87831

(F) If an applicant for a removable windshield placard is a	87832
veteran of the armed forces of the United States whose disability,	87833
as defined in division (A)(1) of this section, is	87834
service-connected, the registrar or deputy registrar, upon receipt	87835
of the application, presentation of a signed statement from the	87836
applicant's health care provider certifying the applicant's	87837
disability, and presentation of such documentary evidence from the	87838
department of veterans affairs that the disability of the	87839
applicant meets at least one of the criteria identified in	87840
division (A)(1) of this section and is service-connected as the	87841
registrar may require by rule, but without the payment of any	87842
service fee, shall issue the applicant a removable windshield	87843
placard that is valid until expired, surrendered, or revoked.	87844

(G) Upon a conviction of a violation of division (I), (J), or	87845
(K) of this section, the court shall report the conviction, and	87846
send the placard or parking card, if available, to the registrar,	87847
who thereupon shall revoke the privilege of using the placard or	87848
parking card and send notice in writing to the placardholder or	87849
cardholder at that holder's last known address as shown in the	87850
records of the bureau, and the placardholder or cardholder shall	87851
return the placard or card if not previously surrendered to the	87852
court, to the registrar within ten days following mailing of the	87853
notice.	87854

Whenever a person to whom a removable windshield placard or	87855
parking card has been issued moves to another state, the person	87856
shall surrender the placard or card to the registrar; and whenever	87857
an organization to which a placard or card has been issued changes	87858
its place of operation to another state, the organization shall	87859
surrender the placard or card to the registrar.	87860

(H) Subject to division (F) of section 4511.69 of the Revised	87861
Code, the operator of a motor vehicle displaying a removable	87862
windshield placard, temporary removable windshield placard,	87863
parking card, or the special license plates authorized by this	87864
section is entitled to park the motor vehicle in any special	87865
parking location reserved for persons with disabilities that limit	87866
or impair the ability to walk, also known as handicapped parking	87867
spaces or disability parking spaces.	87868

(I) No person or organization that is not eligible under	87869
division (B) or (E) of this section shall willfully and falsely	87870
represent that the person or organization is so eligible.	87871

No person or organization shall display license plates issued	87872
under this section unless the license plates have been issued for	87873
the vehicle on which they are displayed and are valid.	87874

(J) No person or organization to which a removable windshield	87875
placard or temporary removable windshield placard is issued shall	87876
do either of the following:	87877

(1) Display or permit the display of the placard on any motor	87878
vehicle when having reasonable cause to believe the motor vehicle	87879
is being used in connection with an activity that does not include	87880
providing transportation for persons with disabilities that limit	87881
or impair the ability to walk;	87882

(2) Refuse to return or surrender the placard, when required.

87883

(K)(1) No person or organization to which a parking card is	87884
issued shall do either of the following:	87885

(a) Display or permit the display of the parking card on any	87886
motor vehicle when having reasonable cause to believe the motor	87887
vehicle is being used in connection with an activity that does not	87888
include providing transportation for a ~~handicapped~~ person with a	87889
disability;	87890

(b) Refuse to return or surrender the parking card, when	87891
required.	87892

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

87893

(a) "~~Handicapped person~~Person with a disability" means any	87894
person who has lost the use of one or both legs or one or both	87895
arms, who is blind, deaf, or so severely ~~handicapped~~disabled as	87896
to be unable to move about without the aid of crutches or a	87897
wheelchair, or whose mobility is restricted by a permanent	87898
cardiovascular, pulmonary, or other ~~handicapping~~disabling	87899
condition.	87900

(b) "Organization" means any private organization or	87901
corporation, or any governmental board, agency, department,	87902
division, or office, that, as part of its business or program,	87903
transports ~~handicapped~~ persons with disabilities on a regular	87904
basis in a motor vehicle that has not been altered for the	87905
purposes of providing it with special equipment for use by	87906
~~handicapped~~ persons with disabilities.	87907

(L) If a removable windshield placard, temporary removable	87908
windshield placard, or parking card is lost, destroyed, or	87909
mutilated, the placardholder or cardholder may obtain a duplicate	87910
by doing both of the following:	87911

(1) Furnishing suitable proof of the loss, destruction, or	87912
mutilation to the registrar;	87913

(2) Paying a service fee equal to the amount specified in	87914
division (D) or (G) of section 4503.10 of the Revised Code.	87915

Any placardholder or cardholder who loses a placard or card	87916
and, after obtaining a duplicate, finds the original, immediately	87917
shall surrender the original placard or card to the registrar.	87918

(M) The registrar shall pay all fees received under this	87919
section for the issuance of removable windshield placards or	87920
temporary removable windshield placards or duplicate removable	87921
windshield placards or cards into the state treasury to the credit	87922
of the state bureau of motor vehicles fund created in section	87923
4501.25 of the Revised Code.	87924

(N) In addition to the fees collected under this section, the	87925
registrar or deputy registrar shall ask each person applying for a	87926
removable windshield placard or temporary removable windshield	87927
placard or duplicate removable windshield placard or license plate	87928
issued under this section, whether the person wishes to make a	87929
two-dollar voluntary contribution to support rehabilitation	87930
employment services. The registrar shall transmit the	87931
contributions received under this division to the treasurer of	87932
state for deposit into the rehabilitation employment fund, which	87933
is hereby created in the state treasury. A deputy registrar shall	87934
transmit the contributions received under this division to the	87935
registrar in the time and manner prescribed by the registrar. The	87936
contributions in the fund shall be used by the ~~rehabilitation~~	87937
~~services commission~~opportunities for Ohioans with disabilities	87938
agency to purchase services related to vocational evaluation, work	87939
adjustment, personal adjustment, job placement, job coaching, and	87940
community-based assessment from accredited community	87941
rehabilitation program facilities.	87942

(O) For purposes of enforcing this section, every peace	87943
officer is deemed to be an agent of the registrar. Any peace	87944
officer or any authorized employee of the bureau of motor vehicles	87945
who, in the performance of duties authorized by law, becomes aware	87946
of a person whose placard or parking card has been revoked	87947
pursuant to this section, may confiscate that placard or parking	87948
card and return it to the registrar. The registrar shall prescribe	87949
any forms used by law enforcement agencies in administering this	87950
section.	87951

No peace officer, law enforcement agency employing a peace	87952
officer, or political subdivision or governmental agency employing	87953
a peace officer, and no employee of the bureau is liable in a	87954
civil action for damages or loss to persons arising out of the	87955
performance of any duty required or authorized by this section. As	87956
used in this division, "peace officer" has the same meaning as in	87957
division (B) of section 2935.01 of the Revised Code.	87958

(P) All applications for registration of motor vehicles,	87959
removable windshield placards, and temporary removable windshield	87960
placards issued under this section, all renewal notices for such	87961
items, and all other publications issued by the bureau that relate	87962
to this section shall set forth the criminal penalties that may be	87963
imposed upon a person who violates any provision relating to	87964
special license plates issued under this section, the parking of	87965
vehicles displaying such license plates, and the issuance,	87966
procurement, use, and display of removable windshield placards and	87967
temporary removable windshield placards issued under this section.	87968

(Q) Whoever violates this section is guilty of a misdemeanor	87969
of the fourth degree.	87970

Sec. 4503.524. (A) The owner or lessee of any passenger car,	87971
noncommercial motor vehicle, recreational vehicle, or other	87972
vehicle of a class approved by the registrar of motor vehicles may	87973
apply to the registrar for the registration of the vehicle and	87974
issuance of "Massillon tiger football booster club" license	87975
plates. The application for "Massillon tiger football booster	87976
club" license plates may be combined with a request for a special	87977
reserved license plate under section 4503.40 or 4503.42 of the	87978
Revised Code. Upon receipt of the completed application and	87979
compliance with division (B) of this section, the registrar shall	87980
issue to the applicant the appropriate vehicle registration and a	87981
set of "Massillon tiger football booster club" license plates with	87982
a validation sticker or a validation sticker alone when required	87983
by section 4503.191 of the Revised Code. In addition to the	87984
letters and numbers ordinarily inscribed thereon, "Massillon tiger	87985
football booster club" license plates shall be inscribed with	87986
words and markings selected and designed by the Massillon tiger	87987
football booster club and approved by the registrar. "Massillon	87988
tiger football booster club" license plates shall bear county	87989
identification stickers that identify the county of registration	87990
by name or number.	87991

(B) "Massillon tiger football booster club" license plates	87992
and validation stickers shall be issued upon payment of the	87993
regular license tax as prescribed under section 4503.04 of the	87994
Revised Code, any applicable motor vehicle tax levied under	87995
Chapter 4504. of the Revised Code, a bureau of motor vehicles	87996
administrative fee of ten dollars, the contribution specified in	87997
division (C) of this section, and compliance with all other	87998
applicable laws relating to the registration of motor vehicles. If	87999
the application for "Massillon tiger football booster club"	88000
license plates is combined with a request for a special reserved	88001
license plate under section 4503.40 or 4503.42 of the Revised	88002
Code, the license plates and validation sticker shall be issued	88003
upon payment of the contribution, fees, and taxes contained in	88004
this division and the additional fee prescribed under section	88005
4503.40 or 4503.42 of the Revised Code.	88006

(C) For each application for registration and registration	88007
renewal submitted under this section, the registrar shall collect	88008
a contribution of twenty-five dollars. The registrar shall	88009
transmit this contribution to the treasurer of state for deposit	88010
into the license plate contribution fund created in section	88011
4501.21 of the Revised Code.	88012

The registrar shall deposit the ten-dollar bureau	88013
administrative fee, the purpose of which is to compensate the	88014
bureau for additional services required in issuing "Massillon	88015
tiger football booster club" license plates, into the state bureau	88016
of motor vehicles fund created in section 4501.25 of the Revised	88017
Code.	88018

Sec. 4503.526. (A) The owner or lessee of any passenger car,	88019
noncommercial motor vehicle, recreational vehicle, or other	88020
vehicle of a class approved by the registrar of motor vehicles may	88021
apply to the registrar for the registration of the vehicle and	88022
issuance of Kiwanis club license plates. The application for	88023
Kiwanis club license plates may be combined with a request for a	88024
special reserved license plate under section 4503.40 or 4503.42 of	88025
the Revised Code. Upon receipt of the completed application and	88026
compliance with division (B) of this section, the registrar shall	88027
issue to the applicant the appropriate vehicle registration and a	88028
set of Kiwanis club license plates with a validation sticker or a	88029
validation sticker alone when required by section 4503.191 of the	88030
Revised Code.	88031

In addition to the letters and numbers ordinarily inscribed	88032
thereon, Kiwanis club license plates shall be inscribed with words	88033
and markings selected and designed by the Ohio district of Kiwanis	88034
international. The registrar shall approve the final design.	88035
Kiwanis club license plates shall bear county identification	88036
stickers that identify the county of registration by name or	88037
number.	88038

(B) Kiwanis club license plates and validation stickers shall	88039
be issued upon payment of the regular license tax as prescribed	88040
under section 4503.04 of the Revised Code, any applicable motor	88041
vehicle tax levied under Chapter 4504. of the Revised Code, a	88042
bureau of motor vehicles administrative fee of ten dollars, the	88043
contribution specified under division (C) of this section, and	88044
compliance with all other applicable laws relating to the	88045
registration of motor vehicles. If the application for Kiwanis	88046
club license plates is combined with a request for a special	88047
reserved license plate under section 4503.40 or 4503.42 of the	88048
Revised Code, the license plates and validation sticker shall be	88049
issued upon payment of the fees and taxes contained in this	88050
division and the additional fee prescribed by section 4503.40 or	88051
4503.42 of the Revised Code.	88052

(C) For each application for registration and registration	88053
renewal received under this section, the registrar shall collect a	88054
contribution of twenty-five dollars. The registrar shall pay this	88055
contribution into the state treasury to the credit of the license	88056
plate contribution fund created in section 4501.21 of the Revised	88057
Code.	88058

The registrar shall deposit the ten-dollar bureau	88059
administrative fee, the purpose of which is to compensate the	88060
bureau for the additional services required in issuing Kiwanis	88061
club license plates, into the state treasury to the credit of the	88062
state bureau of motor vehicles fund created in section 4501.25 of	88063
the Revised Code.	88064

Sec. 4503.62. (A) Application for the registration of an	88065
apportionable vehicle shall be made to the registrar of motor	88066
vehicles in accordance with division (J) of section 4503.10 of the	88067
Revised Code.	88068

(B) Any person applying to register a vehicle or combination	88069
vehicle that has a gross vehicle weight of twenty-six thousand	88070
pounds or less or two axles, or that is a bus used in charter	88071
party service, also may register the vehicle in accordance with	88072
division (J) of section 4503.10 of the Revised Code if the vehicle	88073
is used or intended for use in two or more international	88074
registration plan member jurisdictions.	88075

(C) No later than December 31, 2011, the registrar shall	88076
adopt rules under Chapter 119. of the Revised Code to establish a	88077
program to accept applications for vehicle registration	88078
transactions of apportionable vehicles electronically over the	88079
internet. The program also may provide for vehicle registration	88080
transactions of nonapportionable commercial motor vehicles over	88081
the internet.	88082

(D) The internet registration program shall provide an option	88083
for the payment of all registration taxes and fees by use of a	88084
financial transaction device. In providing for payment by the use	88085
of a financial transaction device, the registrar ~~may, but is not~~	88086
~~required to,~~shall comply with section 113.40 of the Revised Code.	88087
~~The registrar, with the approval of the director of public safety,~~	88088
~~may contract with a third party to accept and process payments~~	88089
~~made by use of a financial transaction device on behalf of the~~	88090
~~bureau of motor vehicles.~~ All fees associated with payment by use	88091
of a financial transaction device shall be borne by the applicants	88092
seeking the registration of apportionable or other vehicles under	88093
the program established pursuant to division (C) of this section.	88094
The bureau shall not pay any costs, and shall not retain any	88095
additional fees, associated with the use of a financial	88096
transaction device.	88097

(E) As used in this section, "financial transaction device"	88098
has the same meaning as in section 113.40 of the Revised Code.	88099

Sec. 4503.732. (A) The owner or lessee of any passenger car,	88100
noncommercial motor vehicle, recreational vehicle, or other	88101
vehicle of a class approved by the registrar of motor vehicles may	88102
apply to the registrar for the registration of the vehicle and	88103
issuance of "Truth, Justice, and the American Way" license plates.	88104
The application may be combined with a request for a special	88105
reserved license plate under section 4503.40 or 4503.42 of the	88106
Revised Code. Upon receipt of an application for registration of a	88107
motor vehicle under this section, the registrar shall issue to the	88108
applicant the appropriate motor vehicle registration and a set of	88109
"Truth, Justice, and the American Way" license plates and a	88110
validation sticker, or a validation sticker alone when required by	88111
section 4503.191 of the Revised Code.	88112

In addition to the letters and numbers ordinarily inscribed	88113
on the license plates, "Truth, Justice, and the American Way"	88114
license plates shall be inscribed with the words "Truth, Justice,	88115
and the American Way" and a design, logo, or marking selected by	88116
the entity that owns the Superman name. The registrar shall	88117
approve the final design after entering into a license agreement	88118
with that entity for appropriate use of the Superman name and	88119
associated logo or marking, as applicable. The license plates	88120
shall bear county identification stickers that identify the county	88121
of registration by name or number.	88122

(B) "Truth, Justice, and the American Way" license plates and	88123
validation stickers shall be issued upon receipt of a contribution	88124
as provided in division (C)(1) of this section and upon payment of	88125
the regular license tax as prescribed under section 4503.04 of the	88126
Revised Code, any applicable motor vehicle license tax levied	88127
under Chapter 4504. of the Revised Code, and a bureau of motor	88128
vehicles administrative fee of ten dollars. The applicant shall	88129
comply with all other applicable laws relating to the registration	88130
of motor vehicles. If the application for "Truth, Justice, and the	88131
American Way" license plates is combined with a request for a	88132
special reserved license plate under section 4503.40 or 4503.42 of	88133
the Revised Code, the license plates and validation sticker shall	88134
be issued upon payment of the fees and taxes specified in this	88135
division and the additional fee prescribed under section 4503.40	88136
or 4503.42 of the Revised Code.	88137

(C)(1) For each application for registration and registration	88138
renewal notice the registrar receives under this section, the	88139
registrar shall collect a contribution of ten dollars. The	88140
registrar shall pay this contribution into the state treasury to	88141
the credit of the license plate contribution fund created in	88142
section 4501.21 of the Revised Code.	88143

(2) The registrar shall pay into the state treasury the	88144
ten-dollar bureau administrative fee, the purpose of which is to	88145
compensate the bureau for additional services required in issuing	88146
"Truth, Justice, and the American Way" license plates, to the	88147
credit of the state bureau of motor vehicles fund created in	88148
section 4501.25 of Revised Code.	88149

Sec. 4503.95. (A) The owner or lessee of any passenger car,	88150
noncommercial motor vehicle, recreational vehicle, or other	88151
vehicle of a class approved by the registrar of motor vehicles may	88152
apply to the registrar for the registration of the vehicle and	88153
issuance of "Ohio history" license plates. The application for	88154
"Ohio history" license plates may be combined with a request for a	88155
special reserved license plate under section 4503.40 or 4503.42 of	88156
the Revised Code. Upon receipt of the completed application and	88157
compliance with division (B) of this section, the registrar shall	88158
issue to the applicant the appropriate vehicle registration and a	88159
set of "Ohio history" license plates with a validation sticker or	88160
a validation sticker alone when required by section 4503.191 of	88161
the Revised Code. In addition to the letters and numbers	88162
ordinarily inscribed thereon, "Ohio history" license plates shall	88163
be inscribed with words and markings selected and designed by the	88164
Ohio historical society and approved by the registrar. "Ohio	88165
history" license plates shall bear county identification stickers	88166
that identify the county of registration by name or number.	88167

(B) "Ohio history" license plates and validation stickers	88168
shall be issued upon payment of the regular license tax as	88169
prescribed under section 4503.04 of the Revised Code, any	88170
applicable motor vehicle tax levied under Chapter 4504. of the	88171
Revised Code, a bureau of motor vehicles administrative fee of ten	88172
dollars, the contribution specified in division (C) of this	88173
section, and compliance with all other applicable laws relating to	88174
the registration of motor vehicles. If the application for "Ohio	88175
history" license plates is combined with a request for a special	88176
reserved license plate under section 4503.40 or 4503.42 of the	88177
Revised Code, the license plates and validation sticker shall be	88178
issued upon payment of the contribution, fees, and taxes contained	88179
in this division and the additional fee prescribed under section	88180
4503.40 or 4503.42 of the Revised Code.	88181

(C) For each application for registration and registration	88182
renewal submitted under this section, the registrar shall collect	88183
a contribution of twenty dollars. The registrar shall transmit	88184
this contribution to the treasurer of state for deposit in the	88185
Ohio history license plate contribution fund created in section	88186
149.307 of the Revised Code.	88187

The registrar shall deposit the ten-dollar bureau	88188
administrative fee, the purpose of which is to compensate the	88189
bureau for additional services required in issuing "Ohio history"	88190
license plates, in the state bureau of motor vehicles fund created	88191
in section 4501.25 of the Revised Code.	88192

Sec. 4503.96. (A) The owner or lessee of any passenger car,	88193
noncommercial motor vehicle, recreational vehicle, or other	88194
vehicle of a class approved by the registrar of motor vehicles may	88195
apply to the registrar for the registration of the vehicle and	88196
issuance of Ohio coal license plates. An application made under	88197
this section may be combined with a request for a special reserved	88198
license plate under section 4503.40 or 4503.42 of the Revised	88199
Code. Upon receipt of the completed application and compliance by	88200
the applicant with divisions (B) and (C) of this section, the	88201
registrar shall issue to the applicant the appropriate vehicle	88202
registration and a set of Ohio coal license plates and a	88203
validation sticker, or a validation sticker alone when required by	88204
section 4503.191 of the Revised Code.	88205

In addition to the letters and numbers ordinarily inscribed	88206
on the license plates, Ohio coal license plates shall be inscribed	88207
with identifying words or markings that are designed by the Ohio	88208
coal association and approved by the registrar. Ohio coal license	88209
plates shall display county identification stickers that identify	88210
the county of registration by name or number.	88211

(B) Ohio coal license plates and validation stickers shall be	88212
issued upon payment of the regular license tax as prescribed under	88213
section 4503.04 of the Revised Code, any applicable motor vehicle	88214
license tax levied under Chapter 4504. of the Revised Code, and a	88215
bureau of motor vehicles administrative fee of ten dollars. The	88216
applicant shall comply with all other applicable laws relating to	88217
the registration of motor vehicles. If the application for Ohio	88218
coal license plates is combined with a request for a special	88219
reserved license plate under section 4503.40 or 4503.42 of the	88220
Revised Code, the license plates and validation sticker shall be	88221
issued upon payment of the fees and taxes specified in this	88222
division and the additional fee prescribed under section 4503.40	88223
or 4503.42 of the Revised Code.	88224

(C) The registrar shall deposit into the state treasury the	88225
ten-dollar bureau administrative fee, the purpose of which is to	88226
compensate the bureau for additional services required in issuing	88227
Ohio coal license plates, to the credit of the state bureau of	88228
motor vehicles fund created in section 4501.25 of Revised Code.	88229

Sec. 4505.02. The registrar of motor vehicles shall issue	88230
rules as the registrar determines necessary to ensure uniform and	88231
orderly operation of this chapter and to ensure that the	88232
identification of each applicant for a certificate of title is	88233
reasonably accurate. The clerks of the courts of common pleas	88234
shall conform thereto. The clerks shall provide the forms as	88235
prescribed by the registrar, except the manufacturers' or	88236
importers' certificates. The clerks shall provide, from moneys in	88237
the automated title processing fund, certificates of title and	88238
ribbons, cartridges, or other devices necessary for the operation	88239
of the certificate of title processing equipment as determined by	88240
the automated title processing board pursuant to division (C) of	88241
section 4505.09 of the Revised Code. All other automated title	88242
processing system supplies shall be provided by the clerks.	88243

If it appears that any certificate of title has been	88244
improperly issued, the registrar shall cancel the certificate.	88245
Upon the cancellation of any certificate of title, the registrar	88246
shall notify the clerk who issued it, and the clerk thereupon	88247
shall enter the cancellation upon the clerk's records. The	88248
registrar also shall notify the person to whom such certificate of	88249
title was issued, as well as any lienholders appearing thereon, of	88250
the cancellation and shall demand the surrender of the certificate	88251
of title immediately, but the cancellation shall not affect the	88252
validity of any lien noted thereon. The holder of such certificate	88253
of title immediately shall return it to the registrar. If a	88254
certificate of registration has been issued to the holder of a	88255
certificate of title so canceled the registrar immediately shall	88256
cancel it and demand the return of such certificate of	88257
registration and license plates, and the holder of such	88258
certificate of registration and license plates shall return the	88259
same to the registrar forthwith. The clerks shall keep on hand a	88260
sufficient supply of blank forms, which, except for certificate of	88261
title and memorandum certificate forms, shall be furnished and	88262
distributed without charge to registered manufacturers or dealers,	88263
or other persons residing within the county.	88264

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	88265
shall charge and retain fees as follows:	88266

(a) Five dollars for each certificate of title that is not	88267
applied for within thirty days after the later of the assignment	88268
or delivery of the motor vehicle described in it. The entire fee	88269
shall be retained by the clerk.	88270

(b) Fifteen dollars for each certificate of title or	88271
duplicate certificate of title including the issuance of a	88272
memorandum certificate of title, or authorization to print a	88273
non-negotiable evidence of ownership described in division (G) of	88274
section 4505.08 of the Revised Code, non-negotiable evidence of	88275
ownership printed by the clerk under division (H) of that section,	88276
and notation of any lien on a certificate of title that is applied	88277
for at the same time as the certificate of title. The clerk shall	88278
retain eleven dollars and fifty cents of that fee for each	88279
certificate of title when there is a notation of a lien or	88280
security interest on the certificate of title, twelve dollars and	88281
twenty-five cents when there is no lien or security interest noted	88282
on the certificate of title, and eleven dollars and fifty cents	88283
for each duplicate certificate of title.	88284

(c) Four dollars and fifty cents for each certificate of	88285
title with no security interest noted that is issued to a licensed	88286
motor vehicle dealer for resale purposes and, in addition, a	88287
separate fee of fifty cents. The clerk shall retain two dollars	88288
and twenty-five cents of that fee.	88289

(d) Five dollars for each memorandum certificate of title or	88290
non-negotiable evidence of ownership that is applied for	88291
separately. The clerk shall retain that entire fee.	88292

(2) The fees that are not retained by the clerk shall be paid	88293
to the registrar of motor vehicles by monthly returns, which shall	88294
be forwarded to the registrar not later than the fifth day of the	88295
month next succeeding that in which the certificate is issued or	88296
that in which the registrar is notified of a lien or cancellation	88297
of a lien.	88298

(B)(1) The registrar shall pay twenty-five cents of the	88299
amount received for each certificate of title issued to a motor	88300
vehicle dealer for resale, one dollar for certificates of title	88301
issued with a lien or security interest noted on the certificate	88302
of title, and twenty-five cents for each certificate of title with	88303
no lien or security interest noted on the certificate of title	88304
into the state bureau of motor vehicles fund established in	88305
section 4501.25 of the Revised Code.	88306

(2) Fifty cents of the amount received for each certificate	88307
of title shall be paid by the registrar as follows:	88308

(a) Four cents shall be paid into the state treasury to the	88309
credit of the motor vehicle dealers board fund, which is hereby	88310
created. All investment earnings of the fund shall be credited to	88311
the fund. The moneys in the motor vehicle dealers board fund shall	88312
be used by the motor vehicle dealers board created under section	88313
4517.30 of the Revised Code, together with other moneys	88314
appropriated to it, in the exercise of its powers and the	88315
performance of its duties under Chapter 4517. of the Revised Code,	88316
except that the director of budget and management may transfer	88317
excess money from the motor vehicle dealers board fund to the	88318
bureau of motor vehicles fund if the registrar determines that the	88319
amount of money in the motor vehicle dealers board fund, together	88320
with other moneys appropriated to the board, exceeds the amount	88321
required for the exercise of its powers and the performance of its	88322
duties under Chapter 4517. of the Revised Code and requests the	88323
director to make the transfer.	88324

(b) Twenty-one cents shall be paid into the highway operating	88325
fund.	88326

(c) Twenty-five cents shall be paid into the state treasury	88327
to the credit of the motor vehicle sales audit fund, which is	88328
hereby created. The moneys in the fund shall be used by the tax	88329
commissioner together with other funds available to the	88330
commissioner to conduct a continuing investigation of sales and	88331
use tax returns filed for motor vehicles in order to determine if	88332
sales and use tax liability has been satisfied. The commissioner	88333
shall refer cases of apparent violations of section 2921.13 of the	88334
Revised Code made in connection with the titling or sale of a	88335
motor vehicle and cases of any other apparent violations of the	88336
sales or use tax law to the appropriate county prosecutor whenever	88337
the commissioner considers it advisable.	88338

(3) Two dollars of the amount received by the registrar under	88339
divisions (A)(1)(a), (b), and (d) of this section and one dollar	88340
and fifty cents of the amount received by the registrar under	88341
division (A)(1)(c) of this section for each certificate of title	88342
shall be paid into the state treasury to the credit of the	88343
automated title processing fund, which is hereby created and which	88344
shall consist of moneys collected under division (B)(3) of this	88345
section and under sections 1548.10 and 4519.59 of the Revised	88346
Code. All investment earnings of the fund shall be credited to the	88347
fund. The moneys in the fund shall be used as follows:	88348

(a) Except for moneys collected under section 1548.10 of the	88349
Revised Code and as provided in division (B)(3)(c) of this	88350
section, moneys collected under division (B)(3) of this section	88351
shall be used to implement and maintain an automated title	88352
processing system for the issuance of motor vehicle, off-highway	88353
motorcycle, and all-purpose vehicle certificates of title in the	88354
offices of the clerks of the courts of common pleas.	88355

(b) Moneys collected under section 1548.10 of the Revised	88356
Code shall be used to issue marine certificates of title in the	88357
offices of the clerks of the courts of common pleas as provided in	88358
Chapter 1548. of the Revised Code.	88359

(c) Moneys collected under division (B)(3) of this section	88360
shall be used in accordance with section 4505.25 of the Revised	88361
Code to implement Sub. S.B. 59 of the 124th general assembly.	88362

(4) The registrar shall pay the fifty-cent separate fee	88363
collected from a licensed motor vehicle dealer under division	88364
(A)(1)(c) of this section into the title defect recision fund	88365
created by section 1345.52 of the Revised Code.	88366

(C)(1) The automated title processing board is hereby created	88367
consisting of the registrar or the registrar's representative, a	88368
person selected by the registrar, the president of the Ohio clerks	88369
of court association or the president's representative, and two	88370
clerks of courts of common pleas appointed by the governor. The	88371
director of budget and management or the director's designee, the	88372
chief of the division of watercraft in the department of natural	88373
resources or the chief's designee, and the tax commissioner or the	88374
commissioner's designee shall be nonvoting members of the board.	88375
The purpose of the board is to facilitate the operation and	88376
maintenance of an automated title processing system and approve	88377
the procurement of automated title processing system equipment and	88378
ribbons, cartridges, or other devices necessary for the operation	88379
of that equipment. Voting members of the board, excluding the	88380
registrar or the registrar's representative, shall serve without	88381
compensation, but shall be reimbursed for travel and other	88382
necessary expenses incurred in the conduct of their official	88383
duties. The registrar or the registrar's representative shall	88384
receive neither compensation nor reimbursement as a board member.	88385

(2) The automated title processing board shall determine each	88386
of the following:	88387

(a) The automated title processing equipment and certificates	88388
of title requirements for each county;	88389

(b) The payment of expenses that may be incurred by the	88390
counties in implementing an automated title processing system;	88391

(c) The repayment to the counties for existing title	88392
processing equipment.	88393

(3) The registrar shall purchase, lease, or otherwise acquire	88394
any automated title processing equipment and certificates of title	88395
that the board determines are necessary from moneys in the	88396
automated title processing fund established by division (B)(3) of	88397
this section.	88398

(D) All counties shall conform to the requirements of the	88399
registrar regarding the operation of their automated title	88400
processing system for motor vehicle titles, certificates of title	88401
for off-highway motorcycles and all-purpose vehicles, and	88402
certificates of title for watercraft and outboard motors.	88403

Sec. 4506.07. (A) Every application for a commercial	88404
driver's license, restricted commercial driver's license, or a	88405
commercial driver's temporary instruction permit, or a duplicate	88406
of such a license, shall be made upon a form approved and	88407
furnished by the registrar of motor vehicles. Except as provided	88408
in section 4506.24 of the Revised Code in regard to a restricted	88409
commercial driver's license, the application shall be signed by	88410
the applicant and shall contain the following information:	88411

(1) The applicant's name, date of birth, social security	88412
account number, sex, general description including height, weight,	88413
and color of hair and eyes, current residence, duration of	88414
residence in this state, country of citizenship, and occupation;	88415

(2) Whether the applicant previously has been licensed to	88416
operate a commercial motor vehicle or any other type of motor	88417
vehicle in another state or a foreign jurisdiction and, if so,	88418
when, by what state, and whether the license or driving privileges	88419
currently are suspended or revoked in any jurisdiction, or the	88420
applicant otherwise has been disqualified from operating a	88421
commercial motor vehicle, or is subject to an out-of-service order	88422
issued under this chapter or any similar law of another state or a	88423
foreign jurisdiction and, if so, the date of, locations involved,	88424
and reason for the suspension, revocation, disqualification, or	88425
out-of-service order;	88426

(3) Whether the applicant is afflicted with or suffering from	88427
any physical or mental disability or disease that prevents the	88428
applicant from exercising reasonable and ordinary control over a	88429
motor vehicle while operating it upon a highway or is or has been	88430
subject to any condition resulting in episodic impairment of	88431
consciousness or loss of muscular control and, if so, the nature	88432
and extent of the disability, disease, or condition, and the names	88433
and addresses of the physicians attending the applicant;	88434

(4) Whether the applicant has obtained a medical examiner's	88435
certificate as required by this chapter and, beginning January 30,	88436
2012, the applicant, prior to or at the time of applying, has	88437
self-certified to the registrar the applicable status of the	88438
applicant under division (A)(2) of section 4506.10 of the Revised	88439
Code;	88440

(5) Whether the applicant has pending a citation for	88441
violation of any motor vehicle law or ordinance except a parking	88442
violation and, if so, a description of the citation, the court	88443
having jurisdiction of the offense, and the date when the offense	88444
occurred;	88445

(6) ~~Whether~~If an applicant has not certified the applicant's	88446
willingness to make an anatomical gift under section 2108.05 of	88447
the Revised Code, whether the applicant wishes to certify	88448
willingness to make such an anatomical gift ~~under section 2108.05~~	88449
~~of the Revised Code~~, which shall be given no consideration in the	88450
issuance of a license;	88451

(7) On and after May 1, 1993, whether the applicant has	88452
executed a valid durable power of attorney for health care	88453
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	88454
executed a declaration governing the use or continuation, or the	88455
withholding or withdrawal, of life-sustaining treatment pursuant	88456
to sections 2133.01 to 2133.15 of the Revised Code and, if the	88457
applicant has executed either type of instrument, whether the	88458
applicant wishes the license issued to indicate that the applicant	88459
has executed the instrument;	88460

(8) On and after October 7, 2009, whether the applicant is a	88461
veteran, active duty, or reservist of the armed forces of the	88462
United States and, if the applicant is such, whether the applicant	88463
wishes the license issued to indicate that the applicant is a	88464
veteran, active duty, or reservist of the armed forces of the	88465
United States by a military designation on the license.	88466

(B) Every applicant shall certify, on a form approved and	88467
furnished by the registrar, all of the following:	88468

(1) That the motor vehicle in which the applicant intends to	88469
take the driving skills test is representative of the type of	88470
motor vehicle that the applicant expects to operate as a driver;	88471

(2) That the applicant is not subject to any disqualification	88472
or out-of-service order, or license suspension, revocation, or	88473
cancellation, under the laws of this state, of another state, or	88474
of a foreign jurisdiction and does not have more than one driver's	88475
license issued by this or another state or a foreign jurisdiction;	88476

(3) Any additional information, certification, or evidence	88477
that the registrar requires by rule in order to ensure that the	88478
issuance of a commercial driver's license to the applicant is in	88479
compliance with the law of this state and with federal law.	88480

(C) Every applicant shall execute a form, approved and	88481
furnished by the registrar, under which the applicant consents to	88482
the release by the registrar of information from the applicant's	88483
driving record.	88484

(D) The registrar or a deputy registrar, in accordance with	88485
section 3503.11 of the Revised Code, shall register as an elector	88486
any applicant for a commercial driver's license or for a renewal	88487
or duplicate of such a license under this chapter, if the	88488
applicant is eligible and wishes to be registered as an elector.	88489
The decision of an applicant whether to register as an elector	88490
shall be given no consideration in the decision of whether to	88491
issue the applicant a license or a renewal or duplicate.	88492

(E) The registrar or a deputy registrar, in accordance with	88493
section 3503.11 of the Revised Code, shall offer the opportunity	88494
of completing a notice of change of residence or change of name to	88495
any applicant for a commercial driver's license or for a renewal	88496
or duplicate of such a license who is a resident of this state, if	88497
the applicant is a registered elector who has changed the	88498
applicant's residence or name and has not filed such a notice.	88499

(F) In considering any application submitted pursuant to this	88500
section, the bureau of motor vehicles may conduct any inquiries	88501
necessary to ensure that issuance or renewal of a commercial	88502
driver's license would not violate any provision of the Revised	88503
Code or federal law.	88504

(G) In addition to any other information it contains, on and	88505
after October 7, 2009, the form approved and furnished by the	88506
registrar of motor vehicles for an application for a commercial	88507
driver's license, restricted commercial driver's license, or a	88508
commercial driver's temporary instruction permit or an application	88509
for a duplicate of such a license shall inform applicants that the	88510
applicant must present a copy of the applicant's DD-214 or an	88511
equivalent document in order to qualify to have the license or	88512
duplicate indicate that the applicant is a veteran, active duty,	88513
or reservist of the armed forces of the United States based on a	88514
request made pursuant to division (A)(8) of this section.	88515

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	88516
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	88517
and "highways" have the same meanings as in section 4501.01 of the	88518
Revised Code.	88519

"Driver's license" means a class D license issued to any	88520
person to operate a motor vehicle or motor-driven cycle, other	88521
than a commercial motor vehicle, and includes "probationary	88522
license," "restricted license," and any operator's or chauffeur's	88523
license issued before January 1, 1990.	88524

"Probationary license" means the license issued to any person	88525
between sixteen and eighteen years of age to operate a motor	88526
vehicle.	88527

"Restricted license" means the license issued to any person	88528
to operate a motor vehicle subject to conditions or restrictions	88529
imposed by the registrar of motor vehicles.	88530

"Commercial driver's license" means the license issued to a	88531
person under Chapter 4506. of the Revised Code to operate a	88532
commercial motor vehicle.	88533

"Commercial motor vehicle" has the same meaning as in section	88534
4506.01 of the Revised Code.	88535

"Motorized bicycle license" means the license issued under	88536
section 4511.521 of the Revised Code to any person to operate a	88537
motorized bicycle including a "probationary motorized bicycle	88538
license."	88539

"Probationary motorized bicycle license" means the license	88540
issued under section 4511.521 of the Revised Code to any person	88541
between fourteen and sixteen years of age to operate a motorized	88542
bicycle.	88543

"Identification card" means a card issued under sections	88544
4507.50 and 4507.51 of the Revised Code.	88545

"Resident" means a person who, in accordance with standards	88546
prescribed in rules adopted by the registrar, resides in this	88547
state on a permanent basis.	88548

"Temporary resident" means a person who, in accordance with	88549
standards prescribed in rules adopted by the registrar, resides in	88550
this state on a temporary basis.	88551

(B) In the administration of this chapter and Chapter 4506.	88552
of the Revised Code, the registrar has the same authority as is	88553
conferred on the registrar by section 4501.02 of the Revised Code.	88554
Any act of an authorized deputy registrar of motor vehicles under	88555
direction of the registrar is deemed the act of the registrar.	88556

To carry out this chapter, the registrar shall appoint such	88557
deputy registrars ~~in each county~~ as are necessary.	88558

The registrar also shall provide at each place where an	88559
application for a driver's or commercial driver's license or	88560
identification card may be made the necessary equipment to take a	88561
color photograph of the applicant for such license or card as	88562
required under section 4506.11 or 4507.06 of the Revised Code, and	88563
to conduct the vision screenings required by section 4507.12 of	88564
the Revised Code, and equipment to laminate licenses, motorized	88565
bicycle licenses, and identification cards as required by sections	88566
4507.13, 4507.52, and 4511.521 of the Revised Code.	88567

The registrar shall assign one or more deputy registrars to	88568
any driver's license examining station operated under the	88569
supervision of the director of public safety, whenever the	88570
registrar considers such assignment possible. Space shall be	88571
provided in the driver's license examining station for any such	88572
deputy registrar so assigned. The deputy registrars shall not	88573
exercise the powers conferred by such sections upon the registrar,	88574
unless they are specifically authorized to exercise such powers by	88575
such sections.	88576

(C) No agent for any insurance company, writing automobile	88577
insurance, shall be appointed deputy registrar, and any such	88578
appointment is void. No deputy registrar shall in any manner	88579
solicit any form of automobile insurance, nor in any manner	88580
advise, suggest, or influence any licensee or applicant for	88581
license for or against any kind or type of automobile insurance,	88582
insurance company, or agent, nor have the deputy registrar's	88583
office directly connected with the office of any automobile	88584
insurance agent, nor impart any information furnished by any	88585
applicant for a license or identification card to any person,	88586
except the registrar. This division shall not apply to any	88587
nonprofit corporation appointed deputy registrar.	88588

(D) The registrar shall immediately remove a deputy registrar	88589
who violates the requirements of this chapter.	88590

(E) The registrar shall periodically solicit bids and enter	88591
into a contract for the provision of laminating equipment and	88592
laminating materials to the registrar and all deputy registrars.	88593
The registrar shall not consider any bid that does not provide for	88594
the supplying of both laminating equipment and laminating	88595
materials. The laminating materials selected shall contain a	88596
security feature so that any tampering with the laminating	88597
material covering a license or identification card is readily	88598
apparent. In soliciting bids and entering into a contract for the	88599
provision of laminating equipment and laminating materials, the	88600
registrar shall observe all procedures required by law.	88601

Sec. 4507.06. (A)(1) Every application for a driver's	88602
license or motorcycle operator's license or endorsement, or	88603
duplicate of any such license or endorsement, shall be made upon	88604
the approved form furnished by the registrar of motor vehicles and	88605
shall be signed by the applicant.	88606

Every application shall state the following:

88607

(a) The applicant's name, date of birth, social security	88608
number if such has been assigned, sex, general description,	88609
including height, weight, color of hair, and eyes, residence	88610
address, including county of residence, duration of residence in	88611
this state, and country of citizenship;	88612

(b) Whether the applicant previously has been licensed as an	88613
operator, chauffeur, driver, commercial driver, or motorcycle	88614
operator and, if so, when, by what state, and whether such license	88615
is suspended or canceled at the present time and, if so, the date	88616
of and reason for the suspension or cancellation;	88617

(c) Whether the applicant is now or ever has been afflicted	88618
with epilepsy, or whether the applicant now is suffering from any	88619
physical or mental disability or disease and, if so, the nature	88620
and extent of the disability or disease, giving the names and	88621
addresses of physicians then or previously in attendance upon the	88622
applicant;	88623

(d) Whether an applicant for a duplicate driver's license, or	88624
duplicate license containing a motorcycle operator endorsement has	88625
pending a citation for violation of any motor vehicle law or	88626
ordinance, a description of any such citation pending, and the	88627
date of the citation;	88628

(e) ~~Whether~~If an applicant has not certified the applicant's	88629
willingness to make an anatomical gift under section 2108.05 of	88630
the Revised Code, whether the applicant wishes to certify	88631
willingness to make such an anatomical gift ~~under section 2108.05~~	88632
~~of the Revised Code~~, which shall be given no consideration in the	88633
issuance of a license or endorsement;	88634

(f) Whether the applicant has executed a valid durable power	88635
of attorney for health care pursuant to sections 1337.11 to	88636
1337.17 of the Revised Code or has executed a declaration	88637
governing the use or continuation, or the withholding or	88638
withdrawal, of life-sustaining treatment pursuant to sections	88639
2133.01 to 2133.15 of the Revised Code and, if the applicant has	88640
executed either type of instrument, whether the applicant wishes	88641
the applicant's license to indicate that the applicant has	88642
executed the instrument;	88643

(g) On and after October 7, 2009, whether the applicant is a	88644
veteran, active duty, or reservist of the armed forces of the	88645
United States and, if the applicant is such, whether the applicant	88646
wishes the applicant's license to indicate that the applicant is a	88647
veteran, active duty, or reservist of the armed forces of the	88648
United States by a military designation on the license.	88649

(2) Every applicant for a driver's license shall be	88650
photographed in color at the time the application for the license	88651
is made. The application shall state any additional information	88652
that the registrar requires.	88653

(B) The registrar or a deputy registrar, in accordance with	88654
section 3503.11 of the Revised Code, shall register as an elector	88655
any person who applies for a driver's license or motorcycle	88656
operator's license or endorsement under division (A) of this	88657
section, or for a renewal or duplicate of the license or	88658
endorsement, if the applicant is eligible and wishes to be	88659
registered as an elector. The decision of an applicant whether to	88660
register as an elector shall be given no consideration in the	88661
decision of whether to issue the applicant a license or	88662
endorsement, or a renewal or duplicate.	88663

(C) The registrar or a deputy registrar, in accordance with	88664
section 3503.11 of the Revised Code, shall offer the opportunity	88665
of completing a notice of change of residence or change of name to	88666
any applicant for a driver's license or endorsement under division	88667
(A) of this section, or for a renewal or duplicate of the license	88668
or endorsement, if the applicant is a registered elector who has	88669
changed the applicant's residence or name and has not filed such a	88670
notice.	88671

(D) In addition to any other information it contains, on and	88672
after October 7, 2009, the approved form furnished by the	88673
registrar of motor vehicles for an application for a driver's	88674
license or motorcycle operator's license or endorsement or an	88675
application for a duplicate of any such license or endorsement	88676
shall inform applicants that the applicant must present a copy of	88677
the applicant's DD-214 or an equivalent document in order to	88678
qualify to have the license or duplicate indicate that the	88679
applicant is a veteran, active duty, or reservist of the armed	88680
forces of the United States based on a request made pursuant to	88681
division (A)(1)(g) of this section.	88682

Sec. 4507.51. (A)(1) Every application for an identification	88683
card or duplicate shall be made on a form furnished by the	88684
registrar of motor vehicles, shall be signed by the applicant, and	88685
by the applicant's parent or guardian if the applicant is under	88686
eighteen years of age, and shall contain the following information	88687
pertaining to the applicant: name, date of birth, sex, general	88688
description including the applicant's height, weight, hair color,	88689
and eye color, address, and social security number. The	88690
application also shall ~~state~~include, for an applicant who has not	88691
already certified the applicant's willingness to make an	88692
anatomical gift under section 2108.05 of the Revised Code, whether	88693
anthe applicant wishes to certify willingness to make such an	88694
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	88695
shall include information about the requirements of sections	88696
2108.01 to 2108.29 of the Revised Code that apply to persons who	88697
are less than eighteen years of age. The statement regarding	88698
willingness to make such a donation shall be given no	88699
consideration in the decision of whether to issue an	88700
identification card. Each applicant shall be photographed in color	88701
at the time of making application.	88702

(2)(a) The application also shall state whether the applicant	88703
has executed a valid durable power of attorney for health care	88704
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	88705
executed a declaration governing the use or continuation, or the	88706
withholding or withdrawal, of life-sustaining treatment pursuant	88707
to sections 2133.01 to 2133.15 of the Revised Code and, if the	88708
applicant has executed either type of instrument, whether the	88709
applicant wishes the identification card issued to indicate that	88710
the applicant has executed the instrument.	88711

(b) On and after October 7, 2009, the application also shall	88712
state whether the applicant is a veteran, active duty, or	88713
reservist of the armed forces of the United States and, if the	88714
applicant is such, whether the applicant wishes the identification	88715
card issued to indicate that the applicant is a veteran, active	88716
duty, or reservist of the armed forces of the United States by a	88717
military designation on the identification card.	88718

(3) The registrar or deputy registrar, in accordance with	88719
section 3503.11 of the Revised Code, shall register as an elector	88720
any person who applies for an identification card or duplicate if	88721
the applicant is eligible and wishes to be registered as an	88722
elector. The decision of an applicant whether to register as an	88723
elector shall be given no consideration in the decision of whether	88724
to issue the applicant an identification card or duplicate.	88725

(B) The application for an identification card or duplicate	88726
shall be filed in the office of the registrar or deputy registrar.	88727
Each applicant shall present documentary evidence as required by	88728
the registrar of the applicant's age and identity, and the	88729
applicant shall swear that all information given is true. An	88730
identification card issued by the department of rehabilitation and	88731
correction under section 5120.59 of the Revised Code or an	88732
identification card issued by the department of youth services	88733
under section 5139.511 of the Revised Code shall be sufficient	88734
documentary evidence under this division upon verification of the	88735
applicant's social security number by the registrar or a deputy	88736
registrar. Upon issuing an identification card under this section	88737
for a person who has been issued an identification card under	88738
section 5120.59 or section 5139.511 of the Revised Code, the	88739
registrar or deputy registrar shall destroy the identification	88740
card issued under section 5120.59 or section 5139.511 of the	88741
Revised Code.	88742

All applications for an identification card or duplicate	88743
shall be filed in duplicate, and if submitted to a deputy	88744
registrar, a copy shall be forwarded to the registrar. The	88745
registrar shall prescribe rules for the manner in which a deputy	88746
registrar is to file and maintain applications and other records.	88747
The registrar shall maintain a suitable, indexed record of all	88748
applications denied and cards issued or canceled.	88749

(C) In addition to any other information it contains, on and	88750
after the date that is fifteen months after April 7, 2009, the	88751
form furnished by the registrar of motor vehicles for an	88752
application for an identification card or duplicate shall inform	88753
applicants that the applicant must present a copy of the	88754
applicant's DD-214 or an equivalent document in order to qualify	88755
to have the card or duplicate indicate that the applicant is an	88756
honorably discharged veteran of the armed forces of the United	88757
States based on a request made pursuant to division (A)(2)(b) of	88758
this section.	88759

Sec. 4510.038. (A) Any person whose driver's or commercial	88760
driver's license or permit is suspended or who is granted limited	88761
driving privileges under section 4510.037, under division (H) of	88762
section 4511.19, or under section 4510.07 of the Revised Code for	88763
a violation of a municipal ordinance that is substantially	88764
equivalent to division (B) of section 4511.19 of the Revised Code	88765
is not eligible to retain the license, or to have the driving	88766
privileges reinstated, until each of the following has occurred:	88767

(1) The person successfully completes a course of remedial	88768
driving instruction approved by the director of public safety. A	88769
minimum of twenty-five per cent of the number of hours of	88770
instruction included in the course shall be devoted to instruction	88771
on driver attitude.	88772

The course also shall devote a number of hours to instruction	88773
in the area of alcohol and drugs and the operation of vehicles.	88774
The instruction shall include, but not be limited to, a review of	88775
the laws governing the operation of a vehicle while under the	88776
influence of alcohol, drugs, or a combination of them, the dangers	88777
of operating a vehicle while under the influence of alcohol,	88778
drugs, or a combination of them, and other information relating to	88779
the operation of vehicles and the consumption of alcoholic	88780
beverages and use of drugs. The director, in consultation with the	88781
director of ~~alcohol and drug addiction services~~mental health and	88782
addiction services, shall prescribe the content of the	88783
instruction. The number of hours devoted to the area of alcohol	88784
and drugs and the operation of vehicles shall comprise a minimum	88785
of twenty-five per cent of the number of hours of instruction	88786
included in the course.	88787

(2) The person is examined in the manner provided for in	88788
section 4507.20 of the Revised Code, and found by the registrar of	88789
motor vehicles to be qualified to operate a motor vehicle;	88790

(3) The person gives and maintains proof of financial	88791
responsibility, in accordance with section 4509.45 of the Revised	88792
Code.	88793

(B)(1) Except as provided in division (B)(2) of this section,	88794
any course of remedial driving instruction the director of public	88795
safety approves under this section shall require its students to	88796
attend at least fifty per cent of the course in person and the	88797
director shall not approve any course of remedial driving	88798
instruction that permits its students to take more than fifty per	88799
cent of the course in any other manner, including via video	88800
teleconferencing or the internet.	88801

(2) The director may approve a course of remedial instruction	88802
that permits students to take the entire course via video	88803
teleconferencing or the internet.	88804

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	88805
devices that desires for its devices to be certified under section	88806
4510.43 of the Revised Code and then to be included on the list of	88807
certified devices that the department of public safety compiles	88808
and makes available to courts pursuant to that section first shall	88809
obtain a license from the department under this section. The	88810
department, in accordance with Chapter 119. of the Revised Code,	88811
shall adopt any rules that are necessary to implement this	88812
licensing requirement.	88813

(2) A manufacturer shall apply to the department for the	88814
license and shall include all information the department may	88815
require by rule. Each application, including an application for	88816
license renewal, shall be accompanied by an application fee of one	88817
hundred dollars, which the department shall deposit into the state	88818
treasury to the credit of the indigent drivers alcohol treatment	88819
fund created by section 4511.191 of the Revised Code.	88820

(3) Upon receipt of a completed application, if the	88821
department finds that a manufacturer has complied with all	88822
application requirements, the department shall issue a license to	88823
the manufacturer. A manufacturer that has been issued a license	88824
under this section is eligible immediately to have the models of	88825
ignition interlock devices it produces certified under section	88826
4510.43 of the Revised Code and then included on the list of	88827
certified devices that the department compiles and makes available	88828
to courts pursuant to that section.	88829

(4)(a) A license issued under this section shall expire	88830
annually on a date selected by the department. The department	88831
shall reject the license application of a manufacturer if any of	88832
the following apply:	88833

(i) The application is not accompanied by the application	88834
fee.	88835

(ii) The department finds that the manufacturer has not	88836
complied with all application requirements.	88837

(iii) The license application is a renewal application and	88838
the manufacturer failed to file the annual report or failed to pay	88839
the fee as required by division (B) of this section.	88840

(b) A manufacturer whose license application is rejected by	88841
the department may appeal the decision to the director of public	88842
safety. The director or the director's designee shall hold a	88843
hearing on the matter not more than thirty days from the date of	88844
the manufacturer's appeal. If the director or the director's	88845
designee upholds the denial of the manufacturer's application for	88846
a license, the manufacturer may appeal the decision to the	88847
Franklin county court of common pleas. If the director or the	88848
director's designee reverses the denial of the manufacturer's	88849
application for a license, the director or the director's designee	88850
shall issue a written order directing that the department issue a	88851
license to the manufacturer.	88852

(B) Every manufacturer of ignition interlock devices that is	88853
issued a license under this section shall file an annual report	88854
with the department on a form the department prescribes on or	88855
before a date the department prescribes. The annual report shall	88856
state the amount of net profit the manufacturer earned during a	88857
twelve-month period specified by the department that is	88858
attributable to the sales of that manufacturer's certified	88859
ignition interlock devices to purchasers in this state. Each	88860
manufacturer shall pay a fee equal to five per cent of the amount	88861
of the net profit described in this division.	88862

The department may permit annual reports to be filed via	88863
electronic means.	88864

(C) The department shall deposit all fees it receives from	88865
manufacturers under this section into the state treasury to the	88866
credit of the indigent drivers alcohol treatment fund created by	88867
section 4511.191 of the Revised Code. All money so deposited into	88868
that fund that is paid by the department of ~~alcohol and drug~~	88869
~~addiction services~~mental health and addiction services to county	88870
indigent drivers alcohol treatment funds, county juvenile indigent	88871
drivers alcohol treatment funds, and municipal indigent drivers	88872
alcohol treatment funds shall be used only as described in	88873
division (H)(3) of section 4511.191 of the Revised Code.	88874

(D)(1) The director may make an assessment, based on any	88875
information in the director's possession, against any manufacturer	88876
that fails to file an annual report or pay the fee required by	88877
division (B) of this section. The director, in accordance with	88878
Chapter 119. of the Revised Code, shall adopt rules governing	88879
assessments and assessment procedures and related provisions. In	88880
adopting these rules, the director shall incorporate the	88881
provisions of section 5751.09 of the Revised Code to the greatest	88882
extent possible, except that the director is not required to	88883
incorporate any provisions of that section that by their nature	88884
are not applicable, appropriate, or necessary to assessments made	88885
by the director under this section.	88886

(2) A manufacturer may appeal the final determination of the	88887
director regarding an assessment made by the director under this	88888
section. The director, in accordance with Chapter 119. of the	88889
Revised Code, shall adopt rules governing such appeals. In	88890
adopting these rules, the director shall incorporate the	88891
provisions of section 5717.02 of the Revised Code to the greatest	88892
extent possible, except that the director is not required to	88893
incorporate any provisions of that section that by their nature	88894
are not applicable, appropriate, or necessary to appeals of	88895
assessments made by the director under this section.	88896

(E) The director, in accordance with Chapter 119. of the	88897
Revised Code, shall adopt a penalty schedule setting forth the	88898
monetary penalties to be imposed upon a manufacturer that is	88899
issued a license under this section and fails to file an annual	88900
report or pay the fee required by division (B) of this section in	88901
a timely manner. The penalty amounts shall not exceed the maximum	88902
penalty amounts established in section 5751.06 of the Revised Code	88903
for similar or equivalent facts or circumstances.	88904

(F)(1) No manufacturer of ignition interlock devices that is	88905
required by division (B) of this section to file an annual report	88906
with the department or to pay a fee shall fail to do so as	88907
required by that division.	88908

(2) No manufacturer of ignition interlock devices that is	88909
required by division (B) of this section to file an annual report	88910
with the department shall file a report that contains incorrect or	88911
erroneous information.	88912

(G) Whoever violates division (F)(2) of this section is	88913
guilty of a misdemeanor of the first degree. The department shall	88914
remove from the list of certified devices described in division	88915
(A)(1) of this section the ignition interlock devices manufactured	88916
by a manufacturer that violates division (F)(1) or (2) of this	88917
section.	88918

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	88919
streetcar, or trackless trolley within this state, if, at the time	88920
of the operation, any of the following apply:	88921

(a) The person is under the influence of alcohol, a drug of	88922
abuse, or a combination of them.	88923

(b) The person has a concentration of eight-hundredths of one	88924
per cent or more but less than seventeen-hundredths of one per	88925
cent by weight per unit volume of alcohol in the person's whole	88926
blood.	88927

(c) The person has a concentration of ninety-six-thousandths	88928
of one per cent or more but less than two hundred four-thousandths	88929
of one per cent by weight per unit volume of alcohol in the	88930
person's blood serum or plasma.	88931

(d) The person has a concentration of eight-hundredths of one	88932
gram or more but less than seventeen-hundredths of one gram by	88933
weight of alcohol per two hundred ten liters of the person's	88934
breath.	88935

(e) The person has a concentration of eleven-hundredths of	88936
one gram or more but less than two hundred	88937
thirty-eight-thousandths of one gram by weight of alcohol per one	88938
hundred milliliters of the person's urine.	88939

(f) The person has a concentration of seventeen-hundredths of	88940
one per cent or more by weight per unit volume of alcohol in the	88941
person's whole blood.	88942

(g) The person has a concentration of two hundred	88943
four-thousandths of one per cent or more by weight per unit volume	88944
of alcohol in the person's blood serum or plasma.	88945

(h) The person has a concentration of seventeen-hundredths of	88946
one gram or more by weight of alcohol per two hundred ten liters	88947
of the person's breath.	88948

(i) The person has a concentration of two hundred	88949
thirty-eight-thousandths of one gram or more by weight of alcohol	88950
per one hundred milliliters of the person's urine.	88951

(j) Except as provided in division (K) of this section, the	88952
person has a concentration of any of the following controlled	88953
substances or metabolites of a controlled substance in the	88954
person's whole blood, blood serum or plasma, or urine that equals	88955
or exceeds any of the following:	88956

(i) The person has a concentration of amphetamine in the	88957
person's urine of at least five hundred nanograms of amphetamine	88958
per milliliter of the person's urine or has a concentration of	88959
amphetamine in the person's whole blood or blood serum or plasma	88960
of at least one hundred nanograms of amphetamine per milliliter of	88961
the person's whole blood or blood serum or plasma.	88962

(ii) The person has a concentration of cocaine in the	88963
person's urine of at least one hundred fifty nanograms of cocaine	88964
per milliliter of the person's urine or has a concentration of	88965
cocaine in the person's whole blood or blood serum or plasma of at	88966
least fifty nanograms of cocaine per milliliter of the person's	88967
whole blood or blood serum or plasma.	88968

(iii) The person has a concentration of cocaine metabolite in	88969
the person's urine of at least one hundred fifty nanograms of	88970
cocaine metabolite per milliliter of the person's urine or has a	88971
concentration of cocaine metabolite in the person's whole blood or	88972
blood serum or plasma of at least fifty nanograms of cocaine	88973
metabolite per milliliter of the person's whole blood or blood	88974
serum or plasma.	88975

(iv) The person has a concentration of heroin in the person's	88976
urine of at least two thousand nanograms of heroin per milliliter	88977
of the person's urine or has a concentration of heroin in the	88978
person's whole blood or blood serum or plasma of at least fifty	88979
nanograms of heroin per milliliter of the person's whole blood or	88980
blood serum or plasma.	88981

(v) The person has a concentration of heroin metabolite	88982
(6-monoacetyl morphine) in the person's urine of at least ten	88983
nanograms of heroin metabolite (6-monoacetyl morphine) per	88984
milliliter of the person's urine or has a concentration of heroin	88985
metabolite (6-monoacetyl morphine) in the person's whole blood or	88986
blood serum or plasma of at least ten nanograms of heroin	88987
metabolite (6-monoacetyl morphine) per milliliter of the person's	88988
whole blood or blood serum or plasma.	88989

(vi) The person has a concentration of L.S.D. in the person's	88990
urine of at least twenty-five nanograms of L.S.D. per milliliter	88991
of the person's urine or a concentration of L.S.D. in the person's	88992
whole blood or blood serum or plasma of at least ten nanograms of	88993
L.S.D. per milliliter of the person's whole blood or blood serum	88994
or plasma.	88995

(vii) The person has a concentration of marihuana in the	88996
person's urine of at least ten nanograms of marihuana per	88997
milliliter of the person's urine or has a concentration of	88998
marihuana in the person's whole blood or blood serum or plasma of	88999
at least two nanograms of marihuana per milliliter of the person's	89000
whole blood or blood serum or plasma.	89001

(viii) Either of the following applies:

89002

(I) The person is under the influence of alcohol, a drug of	89003
abuse, or a combination of them, and, as measured by gas	89004
chromatography mass spectrometry, the person has a concentration	89005
of marihuana metabolite in the person's urine of at least fifteen	89006
nanograms of marihuana metabolite per milliliter of the person's	89007
urine or has a concentration of marihuana metabolite in the	89008
person's whole blood or blood serum or plasma of at least five	89009
nanograms of marihuana metabolite per milliliter of the person's	89010
whole blood or blood serum or plasma.	89011

(II) As measured by gas chromatography mass spectrometry, the	89012
person has a concentration of marihuana metabolite in the person's	89013
urine of at least thirty-five nanograms of marihuana metabolite	89014
per milliliter of the person's urine or has a concentration of	89015
marihuana metabolite in the person's whole blood or blood serum or	89016
plasma of at least fifty nanograms of marihuana metabolite per	89017
milliliter of the person's whole blood or blood serum or plasma.	89018

(ix) The person has a concentration of methamphetamine in the	89019
person's urine of at least five hundred nanograms of	89020
methamphetamine per milliliter of the person's urine or has a	89021
concentration of methamphetamine in the person's whole blood or	89022
blood serum or plasma of at least one hundred nanograms of	89023
methamphetamine per milliliter of the person's whole blood or	89024
blood serum or plasma.	89025

(x) The person has a concentration of phencyclidine in the	89026
person's urine of at least twenty-five nanograms of phencyclidine	89027
per milliliter of the person's urine or has a concentration of	89028
phencyclidine in the person's whole blood or blood serum or plasma	89029
of at least ten nanograms of phencyclidine per milliliter of the	89030
person's whole blood or blood serum or plasma.	89031

(xi) The state board of pharmacy has adopted a rule pursuant	89032
to section 4729.041 of the Revised Code that specifies the amount	89033
of salvia divinorum and the amount of salvinorin A that constitute	89034
concentrations of salvia divinorum and salvinorin A in a person's	89035
urine, in a person's whole blood, or in a person's blood serum or	89036
plasma at or above which the person is impaired for purposes of	89037
operating any vehicle, streetcar, or trackless trolley within this	89038
state, the rule is in effect, and the person has a concentration	89039
of salvia divinorum or salvinorin A of at least that amount so	89040
specified by rule in the person's urine, in the person's whole	89041
blood, or in the person's blood serum or plasma.	89042

(2) No person who, within twenty years of the conduct	89043
described in division (A)(2)(a) of this section, previously has	89044
been convicted of or pleaded guilty to a violation of this	89045
division, a violation of division (A)(1) or (B) of this section,	89046
or any other equivalent offense shall do both of the following:	89047

(a) Operate any vehicle, streetcar, or trackless trolley	89048
within this state while under the influence of alcohol, a drug of	89049
abuse, or a combination of them;	89050

(b) Subsequent to being arrested for operating the vehicle,	89051
streetcar, or trackless trolley as described in division (A)(2)(a)	89052
of this section, being asked by a law enforcement officer to	89053
submit to a chemical test or tests under section 4511.191 of the	89054
Revised Code, and being advised by the officer in accordance with	89055
section 4511.192 of the Revised Code of the consequences of the	89056
person's refusal or submission to the test or tests, refuse to	89057
submit to the test or tests.	89058

(B) No person under twenty-one years of age shall operate any	89059
vehicle, streetcar, or trackless trolley within this state, if, at	89060
the time of the operation, any of the following apply:	89061

(1) The person has a concentration of at least two-hundredths	89062
of one per cent but less than eight-hundredths of one per cent by	89063
weight per unit volume of alcohol in the person's whole blood.	89064

(2) The person has a concentration of at least	89065
three-hundredths of one per cent but less than	89066
ninety-six-thousandths of one per cent by weight per unit volume	89067
of alcohol in the person's blood serum or plasma.	89068

(3) The person has a concentration of at least two-hundredths	89069
of one gram but less than eight-hundredths of one gram by weight	89070
of alcohol per two hundred ten liters of the person's breath.	89071

(4) The person has a concentration of at least twenty-eight	89072
one-thousandths of one gram but less than eleven-hundredths of one	89073
gram by weight of alcohol per one hundred milliliters of the	89074
person's urine.	89075

(C) In any proceeding arising out of one incident, a person	89076
may be charged with a violation of division (A)(1)(a) or (A)(2)	89077
and a violation of division (B)(1), (2), or (3) of this section,	89078
but the person may not be convicted of more than one violation of	89079
these divisions.	89080

(D)(1)(a) In any criminal prosecution or juvenile court	89081
proceeding for a violation of division (A)(1)(a) of this section	89082
or for an equivalent offense that is vehicle-related, the result	89083
of any test of any blood or urine withdrawn and analyzed at any	89084
health care provider, as defined in section 2317.02 of the Revised	89085
Code, may be admitted with expert testimony to be considered with	89086
any other relevant and competent evidence in determining the guilt	89087
or innocence of the defendant.	89088

(b) In any criminal prosecution or juvenile court proceeding	89089
for a violation of division (A) or (B) of this section or for an	89090
equivalent offense that is vehicle-related, the court may admit	89091
evidence on the concentration of alcohol, drugs of abuse,	89092
controlled substances, metabolites of a controlled substance, or a	89093
combination of them in the defendant's whole blood, blood serum or	89094
plasma, breath, urine, or other bodily substance at the time of	89095
the alleged violation as shown by chemical analysis of the	89096
substance withdrawn within three hours of the time of the alleged	89097
violation. The three-hour time limit specified in this division	89098
regarding the admission of evidence does not extend or affect the	89099
two-hour time limit specified in division (A) of section 4511.192	89100
of the Revised Code as the maximum period of time during which a	89101
person may consent to a chemical test or tests as described in	89102
that section. The court may admit evidence on the concentration of	89103
alcohol, drugs of abuse, or a combination of them as described in	89104
this division when a person submits to a blood, breath, urine, or	89105
other bodily substance test at the request of a law enforcement	89106
officer under section 4511.191 of the Revised Code or a blood or	89107
urine sample is obtained pursuant to a search warrant. Only a	89108
physician, a registered nurse, an emergency medical	89109
technician-intermediate, an emergency medical	89110
technician-paramedic, or a qualified technician, chemist, or	89111
phlebotomist shall withdraw a blood sample for the purpose of	89112
determining the alcohol, drug, controlled substance, metabolite of	89113
a controlled substance, or combination content of the whole blood,	89114
blood serum, or blood plasma. This limitation does not apply to	89115
the taking of breath or urine specimens. A person authorized to	89116
withdraw blood under this division may refuse to withdraw blood	89117
under this division, if in that person's opinion, the physical	89118
welfare of the person would be endangered by the withdrawing of	89119
blood.	89120

The bodily substance withdrawn under division (D)(1)(b) of	89121
this section shall be analyzed in accordance with methods approved	89122
by the director of health by an individual possessing a valid	89123
permit issued by the director pursuant to section 3701.143 of the	89124
Revised Code.	89125

(c) As used in division (D)(1)(b) of this section, "emergency	89126
medical technician-intermediate" and "emergency medical	89127
technician-paramedic" have the same meanings as in section 4765.01	89128
of the Revised Code.	89129

(2) In a criminal prosecution or juvenile court proceeding	89130
for a violation of division (A) of this section or for an	89131
equivalent offense that is vehicle-related, if there was at the	89132
time the bodily substance was withdrawn a concentration of less	89133
than the applicable concentration of alcohol specified in	89134
divisions (A)(1)(b), (c), (d), and (e) of this section or less	89135
than the applicable concentration of a listed controlled substance	89136
or a listed metabolite of a controlled substance specified for a	89137
violation of division (A)(1)(j) of this section, that fact may be	89138
considered with other competent evidence in determining the guilt	89139
or innocence of the defendant. This division does not limit or	89140
affect a criminal prosecution or juvenile court proceeding for a	89141
violation of division (B) of this section or for an equivalent	89142
offense that is substantially equivalent to that division.	89143

(3) Upon the request of the person who was tested, the	89144
results of the chemical test shall be made available to the person	89145
or the person's attorney, immediately upon the completion of the	89146
chemical test analysis.	89147

If the chemical test was obtained pursuant to division	89148
(D)(1)(b) of this section, the person tested may have a physician,	89149
a registered nurse, or a qualified technician, chemist, or	89150
phlebotomist of the person's own choosing administer a chemical	89151
test or tests, at the person's expense, in addition to any	89152
administered at the request of a law enforcement officer. If the	89153
person was under arrest as described in division (A)(5) of section	89154
4511.191 of the Revised Code, the arresting officer shall advise	89155
the person at the time of the arrest that the person may have an	89156
independent chemical test taken at the person's own expense. If	89157
the person was under arrest other than described in division	89158
(A)(5) of section 4511.191 of the Revised Code, the form to be	89159
read to the person to be tested, as required under section	89160
4511.192 of the Revised Code, shall state that the person may have	89161
an independent test performed at the person's expense. The failure	89162
or inability to obtain an additional chemical test by a person	89163
shall not preclude the admission of evidence relating to the	89164
chemical test or tests taken at the request of a law enforcement	89165
officer.	89166

(4)(a) As used in divisions (D)(4)(b) and (c) of this	89167
section, "national highway traffic safety administration" means	89168
the national highway traffic safety administration established as	89169
an administration of the United States department of	89170
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	89171

(b) In any criminal prosecution or juvenile court proceeding	89172
for a violation of division (A) or (B) of this section, of a	89173
municipal ordinance relating to operating a vehicle while under	89174
the influence of alcohol, a drug of abuse, or alcohol and a drug	89175
of abuse, or of a municipal ordinance relating to operating a	89176
vehicle with a prohibited concentration of alcohol, a controlled	89177
substance, or a metabolite of a controlled substance in the whole	89178
blood, blood serum or plasma, breath, or urine, if a law	89179
enforcement officer has administered a field sobriety test to the	89180
operator of the vehicle involved in the violation and if it is	89181
shown by clear and convincing evidence that the officer	89182
administered the test in substantial compliance with the testing	89183
standards for any reliable, credible, and generally accepted field	89184
sobriety tests that were in effect at the time the tests were	89185
administered, including, but not limited to, any testing standards	89186
then in effect that were set by the national highway traffic	89187
safety administration, all of the following apply:	89188

(i) The officer may testify concerning the results of the	89189
field sobriety test so administered.	89190

(ii) The prosecution may introduce the results of the field	89191
sobriety test so administered as evidence in any proceedings in	89192
the criminal prosecution or juvenile court proceeding.	89193

(iii) If testimony is presented or evidence is introduced	89194
under division (D)(4)(b)(i) or (ii) of this section and if the	89195
testimony or evidence is admissible under the Rules of Evidence,	89196
the court shall admit the testimony or evidence and the trier of	89197
fact shall give it whatever weight the trier of fact considers to	89198
be appropriate.	89199

(c) Division (D)(4)(b) of this section does not limit or	89200
preclude a court, in its determination of whether the arrest of a	89201
person was supported by probable cause or its determination of any	89202
other matter in a criminal prosecution or juvenile court	89203
proceeding of a type described in that division, from considering	89204
evidence or testimony that is not otherwise disallowed by division	89205
(D)(4)(b) of this section.	89206

(E)(1) Subject to division (E)(3) of this section, in any	89207
criminal prosecution or juvenile court proceeding for a violation	89208
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	89209
or (B)(1), (2), (3), or (4) of this section or for an equivalent	89210
offense that is substantially equivalent to any of those	89211
divisions, a laboratory report from any laboratory personnel	89212
issued a permit by the department of health authorizing an	89213
analysis as described in this division that contains an analysis	89214
of the whole blood, blood serum or plasma, breath, urine, or other	89215
bodily substance tested and that contains all of the information	89216
specified in this division shall be admitted as prima-facie	89217
evidence of the information and statements that the report	89218
contains. The laboratory report shall contain all of the	89219
following:	89220

(a) The signature, under oath, of any person who performed	89221
the analysis;	89222

(b) Any findings as to the identity and quantity of alcohol,	89223
a drug of abuse, a controlled substance, a metabolite of a	89224
controlled substance, or a combination of them that was found;	89225

(c) A copy of a notarized statement by the laboratory	89226
director or a designee of the director that contains the name of	89227
each certified analyst or test performer involved with the report,	89228
the analyst's or test performer's employment relationship with the	89229
laboratory that issued the report, and a notation that performing	89230
an analysis of the type involved is part of the analyst's or test	89231
performer's regular duties;	89232

(d) An outline of the analyst's or test performer's	89233
education, training, and experience in performing the type of	89234
analysis involved and a certification that the laboratory	89235
satisfies appropriate quality control standards in general and, in	89236
this particular analysis, under rules of the department of health.	89237

(2) Notwithstanding any other provision of law regarding the	89238
admission of evidence, a report of the type described in division	89239
(E)(1) of this section is not admissible against the defendant to	89240
whom it pertains in any proceeding, other than a preliminary	89241
hearing or a grand jury proceeding, unless the prosecutor has	89242
served a copy of the report on the defendant's attorney or, if the	89243
defendant has no attorney, on the defendant.	89244

(3) A report of the type described in division (E)(1) of this	89245
section shall not be prima-facie evidence of the contents,	89246
identity, or amount of any substance if, within seven days after	89247
the defendant to whom the report pertains or the defendant's	89248
attorney receives a copy of the report, the defendant or the	89249
defendant's attorney demands the testimony of the person who	89250
signed the report. The judge in the case may extend the seven-day	89251
time limit in the interest of justice.	89252

(F) Except as otherwise provided in this division, any	89253
physician, registered nurse, emergency medical	89254
technician-intermediate, emergency medical technician-paramedic,	89255
or qualified technician, chemist, or phlebotomist who withdraws	89256
blood from a person pursuant to this section or section 4511.191	89257
or 4511.192 of the Revised Code, and any hospital, first-aid	89258
station, or clinic at which blood is withdrawn from a person	89259
pursuant to this section or section 4511.191 or 4511.192 of the	89260
Revised Code, is immune from criminal liability and civil	89261
liability based upon a claim of assault and battery or any other	89262
claim that is not a claim of malpractice, for any act performed in	89263
withdrawing blood from the person. The immunity provided in this	89264
division also extends to an emergency medical service organization	89265
that employs an emergency medical technician-intermediate or	89266
emergency medical technician-paramedic who withdraws blood under	89267
this section. The immunity provided in this division is not	89268
available to a person who withdraws blood if the person engages in	89269
willful or wanton misconduct.	89270

As used in this division, "emergency medical	89271
technician-intermediate" and "emergency medical	89272
technician-paramedic" have the same meanings as in section 4765.01	89273
of the Revised Code.	89274

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	89275
to (i) or (A)(2) of this section is guilty of operating a vehicle	89276
under the influence of alcohol, a drug of abuse, or a combination	89277
of them. Whoever violates division (A)(1)(j) of this section is	89278
guilty of operating a vehicle while under the influence of a	89279
listed controlled substance or a listed metabolite of a controlled	89280
substance. The court shall sentence the offender for either	89281
offense under Chapter 2929. of the Revised Code, except as	89282
otherwise authorized or required by divisions (G)(1)(a) to (e) of	89283
this section:	89284

(a) Except as otherwise provided in division (G)(1)(b), (c),	89285
(d), or (e) of this section, the offender is guilty of a	89286
misdemeanor of the first degree, and the court shall sentence the	89287
offender to all of the following:	89288

(i) If the sentence is being imposed for a violation of	89289
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89290
mandatory jail term of three consecutive days. As used in this	89291
division, three consecutive days means seventy-two consecutive	89292
hours. The court may sentence an offender to both an intervention	89293
program and a jail term. The court may impose a jail term in	89294
addition to the three-day mandatory jail term or intervention	89295
program. However, in no case shall the cumulative jail term	89296
imposed for the offense exceed six months.	89297

The court may suspend the execution of the three-day jail	89298
term under this division if the court, in lieu of that suspended	89299
term, places the offender under a community control sanction	89300
pursuant to section 2929.25 of the Revised Code and requires the	89301
offender to attend, for three consecutive days, a drivers'	89302
intervention program certified under section ~~3793.10~~5119.38 of	89303
the Revised Code. The court also may suspend the execution of any	89304
part of the three-day jail term under this division if it places	89305
the offender under a community control sanction pursuant to	89306
section 2929.25 of the Revised Code for part of the three days,	89307
requires the offender to attend for the suspended part of the term	89308
a drivers' intervention program so certified, and sentences the	89309
offender to a jail term equal to the remainder of the three	89310
consecutive days that the offender does not spend attending the	89311
program. The court may require the offender, as a condition of	89312
community control and in addition to the required attendance at a	89313
drivers' intervention program, to attend and satisfactorily	89314
complete any treatment or education programs that comply with the	89315
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	89316
Revised Code by the director of ~~alcohol and drug addiction~~	89317
~~services~~mental health and addiction services that the operators	89318
of the drivers' intervention program determine that the offender	89319
should attend and to report periodically to the court on the	89320
offender's progress in the programs. The court also may impose on	89321
the offender any other conditions of community control that it	89322
considers necessary.	89323

(ii) If the sentence is being imposed for a violation of	89324
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89325
section, except as otherwise provided in this division, a	89326
mandatory jail term of at least three consecutive days and a	89327
requirement that the offender attend, for three consecutive days,	89328
a drivers' intervention program that is certified pursuant to	89329
section ~~3793.10~~5119.38 of the Revised Code. As used in this	89330
division, three consecutive days means seventy-two consecutive	89331
hours. If the court determines that the offender is not conducive	89332
to treatment in a drivers' intervention program, if the offender	89333
refuses to attend a drivers' intervention program, or if the jail	89334
at which the offender is to serve the jail term imposed can	89335
provide a driver's intervention program, the court shall sentence	89336
the offender to a mandatory jail term of at least six consecutive	89337
days.	89338

The court may require the offender, under a community control	89339
sanction imposed under section 2929.25 of the Revised Code, to	89340
attend and satisfactorily complete any treatment or education	89341
programs that comply with the minimum standards adopted pursuant	89342
to Chapter ~~3793.~~5119. of the Revised Code by the director of	89343
~~alcohol and drug addiction services~~mental health and addiction	89344
services, in addition to the required attendance at drivers'	89345
intervention program, that the operators of the drivers'	89346
intervention program determine that the offender should attend and	89347
to report periodically to the court on the offender's progress in	89348
the programs. The court also may impose any other conditions of	89349
community control on the offender that it considers necessary.	89350

(iii) In all cases, a fine of not less than three hundred	89351
seventy-five and not more than one thousand seventy-five dollars;	89352

(iv) In all cases, a class five license suspension of the	89353
offender's driver's or commercial driver's license or permit or	89354
nonresident operating privilege from the range specified in	89355
division (A)(5) of section 4510.02 of the Revised Code. The court	89356
may grant limited driving privileges relative to the suspension	89357
under sections 4510.021 and 4510.13 of the Revised Code.	89358

(b) Except as otherwise provided in division (G)(1)(e) of	89359
this section, an offender who, within six years of the offense,	89360
previously has been convicted of or pleaded guilty to one	89361
violation of division (A) or (B) of this section or one other	89362
equivalent offense is guilty of a misdemeanor of the first degree.	89363
The court shall sentence the offender to all of the following:	89364

(i) If the sentence is being imposed for a violation of	89365
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89366
mandatory jail term of ten consecutive days. The court shall	89367
impose the ten-day mandatory jail term under this division unless,	89368
subject to division (G)(3) of this section, it instead imposes a	89369
sentence under that division consisting of both a jail term and a	89370
term of house arrest with electronic monitoring, with continuous	89371
alcohol monitoring, or with both electronic monitoring and	89372
continuous alcohol monitoring. The court may impose a jail term in	89373
addition to the ten-day mandatory jail term. The cumulative jail	89374
term imposed for the offense shall not exceed six months.	89375

In addition to the jail term or the term of house arrest with	89376
electronic monitoring or continuous alcohol monitoring or both	89377
types of monitoring and jail term, the court shall require the	89378
offender to be assessed by ~~an alcohol and drug treatment program~~a	89379
community addiction services provider that is authorized by	89380
section ~~3793.02~~5119.21 of the Revised Code, subject to division	89381
(I) of this section, and shall order the offender to follow the	89382
treatment recommendations of the ~~program~~services provider. The	89383
purpose of the assessment is to determine the degree of the	89384
offender's alcohol usage and to determine whether or not treatment	89385
is warranted. Upon the request of the court, the ~~program~~services	89386
provider shall submit the results of the assessment to the court,	89387
including all treatment recommendations and clinical diagnoses	89388
related to alcohol use.	89389

(ii) If the sentence is being imposed for a violation of	89390
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89391
section, except as otherwise provided in this division, a	89392
mandatory jail term of twenty consecutive days. The court shall	89393
impose the twenty-day mandatory jail term under this division	89394
unless, subject to division (G)(3) of this section, it instead	89395
imposes a sentence under that division consisting of both a jail	89396
term and a term of house arrest with electronic monitoring, with	89397
continuous alcohol monitoring, or with both electronic monitoring	89398
and continuous alcohol monitoring. The court may impose a jail	89399
term in addition to the twenty-day mandatory jail term. The	89400
cumulative jail term imposed for the offense shall not exceed six	89401
months.	89402

In addition to the jail term or the term of house arrest with	89403
electronic monitoring or continuous alcohol monitoring or both	89404
types of monitoring and jail term, the court shall require the	89405
offender to be assessed by ~~an alcohol and drug treatment program~~a	89406
community addiction service provider that is authorized by section	89407
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	89408
this section, and shall order the offender to follow the treatment	89409
recommendations of the ~~program~~services provider. The purpose of	89410
the assessment is to determine the degree of the offender's	89411
alcohol usage and to determine whether or not treatment is	89412
warranted. Upon the request of the court, the ~~program~~services	89413
provider shall submit the results of the assessment to the court,	89414
including all treatment recommendations and clinical diagnoses	89415
related to alcohol use.	89416

(iii) In all cases, notwithstanding the fines set forth in	89417
Chapter 2929. of the Revised Code, a fine of not less than five	89418
hundred twenty-five and not more than one thousand six hundred	89419
twenty-five dollars;	89420

(iv) In all cases, a class four license suspension of the	89421
offender's driver's license, commercial driver's license,	89422
temporary instruction permit, probationary license, or nonresident	89423
operating privilege from the range specified in division (A)(4) of	89424
section 4510.02 of the Revised Code. The court may grant limited	89425
driving privileges relative to the suspension under sections	89426
4510.021 and 4510.13 of the Revised Code.	89427

(v) In all cases, if the vehicle is registered in the	89428
offender's name, immobilization of the vehicle involved in the	89429
offense for ninety days in accordance with section 4503.233 of the	89430
Revised Code and impoundment of the license plates of that vehicle	89431
for ninety days.	89432

(c) Except as otherwise provided in division (G)(1)(e) of	89433
this section, an offender who, within six years of the offense,	89434
previously has been convicted of or pleaded guilty to two	89435
violations of division (A) or (B) of this section or other	89436
equivalent offenses is guilty of a misdemeanor. The court shall	89437
sentence the offender to all of the following:	89438

(i) If the sentence is being imposed for a violation of	89439
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89440
mandatory jail term of thirty consecutive days. The court shall	89441
impose the thirty-day mandatory jail term under this division	89442
unless, subject to division (G)(3) of this section, it instead	89443
imposes a sentence under that division consisting of both a jail	89444
term and a term of house arrest with electronic monitoring, with	89445
continuous alcohol monitoring, or with both electronic monitoring	89446
and continuous alcohol monitoring. The court may impose a jail	89447
term in addition to the thirty-day mandatory jail term.	89448
Notwithstanding the jail terms set forth in sections 2929.21 to	89449
2929.28 of the Revised Code, the additional jail term shall not	89450
exceed one year, and the cumulative jail term imposed for the	89451
offense shall not exceed one year.	89452

(ii) If the sentence is being imposed for a violation of	89453
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89454
section, a mandatory jail term of sixty consecutive days. The	89455
court shall impose the sixty-day mandatory jail term under this	89456
division unless, subject to division (G)(3) of this section, it	89457
instead imposes a sentence under that division consisting of both	89458
a jail term and a term of house arrest with electronic monitoring,	89459
with continuous alcohol monitoring, or with both electronic	89460
monitoring and continuous alcohol monitoring. The court may impose	89461
a jail term in addition to the sixty-day mandatory jail term.	89462
Notwithstanding the jail terms set forth in sections 2929.21 to	89463
2929.28 of the Revised Code, the additional jail term shall not	89464
exceed one year, and the cumulative jail term imposed for the	89465
offense shall not exceed one year.	89466

(iii) In all cases, notwithstanding the fines set forth in	89467
Chapter 2929. of the Revised Code, a fine of not less than eight	89468
hundred fifty and not more than two thousand seven hundred fifty	89469
dollars;	89470

(iv) In all cases, a class three license suspension of the	89471
offender's driver's license, commercial driver's license,	89472
temporary instruction permit, probationary license, or nonresident	89473
operating privilege from the range specified in division (A)(3) of	89474
section 4510.02 of the Revised Code. The court may grant limited	89475
driving privileges relative to the suspension under sections	89476
4510.021 and 4510.13 of the Revised Code.	89477

(v) In all cases, if the vehicle is registered in the	89478
offender's name, criminal forfeiture of the vehicle involved in	89479
the offense in accordance with section 4503.234 of the Revised	89480
Code. Division (G)(6) of this section applies regarding any	89481
vehicle that is subject to an order of criminal forfeiture under	89482
this division.	89483

(vi) In all cases, the court shall order the offender to	89484
participate ~~in an alcohol and drug~~with a community addiction	89485
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89486
the Revised Code, subject to division (I) of this section, and	89487
shall order the offender to follow the treatment recommendations	89488
of the ~~program~~services provider. The operator of the ~~program~~	89489
services provider shall determine and assess the degree of the	89490
offender's alcohol dependency and shall make recommendations for	89491
treatment. Upon the request of the court, the ~~program~~services	89492
provider shall submit the results of the assessment to the court,	89493
including all treatment recommendations and clinical diagnoses	89494
related to alcohol use.	89495

(d) Except as otherwise provided in division (G)(1)(e) of	89496
this section, an offender who, within six years of the offense,	89497
previously has been convicted of or pleaded guilty to three or	89498
four violations of division (A) or (B) of this section or other	89499
equivalent offenses or an offender who, within twenty years of the	89500
offense, previously has been convicted of or pleaded guilty to	89501
five or more violations of that nature is guilty of a felony of	89502
the fourth degree. The court shall sentence the offender to all of	89503
the following:	89504

(i) If the sentence is being imposed for a violation of	89505
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89506
mandatory prison term of one, two, three, four, or five years as	89507
required by and in accordance with division (G)(2) of section	89508
2929.13 of the Revised Code if the offender also is convicted of	89509
or also pleads guilty to a specification of the type described in	89510
section 2941.1413 of the Revised Code or, in the discretion of the	89511
court, either a mandatory term of local incarceration of sixty	89512
consecutive days in accordance with division (G)(1) of section	89513
2929.13 of the Revised Code or a mandatory prison term of sixty	89514
consecutive days in accordance with division (G)(2) of that	89515
section if the offender is not convicted of and does not plead	89516
guilty to a specification of that type. If the court imposes a	89517
mandatory term of local incarceration, it may impose a jail term	89518
in addition to the sixty-day mandatory term, the cumulative total	89519
of the mandatory term and the jail term for the offense shall not	89520
exceed one year, and, except as provided in division (A)(1) of	89521
section 2929.13 of the Revised Code, no prison term is authorized	89522
for the offense. If the court imposes a mandatory prison term,	89523
notwithstanding division (A)(4) of section 2929.14 of the Revised	89524
Code, it also may sentence the offender to a definite prison term	89525
that shall be not less than six months and not more than thirty	89526
months and the prison terms shall be imposed as described in	89527
division (G)(2) of section 2929.13 of the Revised Code. If the	89528
court imposes a mandatory prison term or mandatory prison term and	89529
additional prison term, in addition to the term or terms so	89530
imposed, the court also may sentence the offender to a community	89531
control sanction for the offense, but the offender shall serve all	89532
of the prison terms so imposed prior to serving the community	89533
control sanction.	89534

(ii) If the sentence is being imposed for a violation of	89535
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89536
section, a mandatory prison term of one, two, three, four, or five	89537
years as required by and in accordance with division (G)(2) of	89538
section 2929.13 of the Revised Code if the offender also is	89539
convicted of or also pleads guilty to a specification of the type	89540
described in section 2941.1413 of the Revised Code or, in the	89541
discretion of the court, either a mandatory term of local	89542
incarceration of one hundred twenty consecutive days in accordance	89543
with division (G)(1) of section 2929.13 of the Revised Code or a	89544
mandatory prison term of one hundred twenty consecutive days in	89545
accordance with division (G)(2) of that section if the offender is	89546
not convicted of and does not plead guilty to a specification of	89547
that type. If the court imposes a mandatory term of local	89548
incarceration, it may impose a jail term in addition to the one	89549
hundred twenty-day mandatory term, the cumulative total of the	89550
mandatory term and the jail term for the offense shall not exceed	89551
one year, and, except as provided in division (A)(1) of section	89552
2929.13 of the Revised Code, no prison term is authorized for the	89553
offense. If the court imposes a mandatory prison term,	89554
notwithstanding division (A)(4) of section 2929.14 of the Revised	89555
Code, it also may sentence the offender to a definite prison term	89556
that shall be not less than six months and not more than thirty	89557
months and the prison terms shall be imposed as described in	89558
division (G)(2) of section 2929.13 of the Revised Code. If the	89559
court imposes a mandatory prison term or mandatory prison term and	89560
additional prison term, in addition to the term or terms so	89561
imposed, the court also may sentence the offender to a community	89562
control sanction for the offense, but the offender shall serve all	89563
of the prison terms so imposed prior to serving the community	89564
control sanction.	89565

(iii) In all cases, notwithstanding section 2929.18 of the	89566
Revised Code, a fine of not less than one thousand three hundred	89567
fifty nor more than ten thousand five hundred dollars;	89568

(iv) In all cases, a class two license suspension of the	89569
offender's driver's license, commercial driver's license,	89570
temporary instruction permit, probationary license, or nonresident	89571
operating privilege from the range specified in division (A)(2) of	89572
section 4510.02 of the Revised Code. The court may grant limited	89573
driving privileges relative to the suspension under sections	89574
4510.021 and 4510.13 of the Revised Code.	89575

(v) In all cases, if the vehicle is registered in the	89576
offender's name, criminal forfeiture of the vehicle involved in	89577
the offense in accordance with section 4503.234 of the Revised	89578
Code. Division (G)(6) of this section applies regarding any	89579
vehicle that is subject to an order of criminal forfeiture under	89580
this division.	89581

(vi) In all cases, the court shall order the offender to	89582
participate ~~in an alcohol and drug~~with a community addiction	89583
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89584
the Revised Code, subject to division (I) of this section, and	89585
shall order the offender to follow the treatment recommendations	89586
of the ~~program~~services provider. The operator of the ~~program~~	89587
services provider shall determine and assess the degree of the	89588
offender's alcohol dependency and shall make recommendations for	89589
treatment. Upon the request of the court, the ~~program~~services	89590
provider shall submit the results of the assessment to the court,	89591
including all treatment recommendations and clinical diagnoses	89592
related to alcohol use.	89593

(vii) In all cases, if the court sentences the offender to a	89594
mandatory term of local incarceration, in addition to the	89595
mandatory term, the court, pursuant to section 2929.17 of the	89596
Revised Code, may impose a term of house arrest with electronic	89597
monitoring. The term shall not commence until after the offender	89598
has served the mandatory term of local incarceration.	89599

(e) An offender who previously has been convicted of or	89600
pleaded guilty to a violation of division (A) of this section that	89601
was a felony, regardless of when the violation and the conviction	89602
or guilty plea occurred, is guilty of a felony of the third	89603
degree. The court shall sentence the offender to all of the	89604
following:	89605

(i) If the offender is being sentenced for a violation of	89606
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89607
mandatory prison term of one, two, three, four, or five years as	89608
required by and in accordance with division (G)(2) of section	89609
2929.13 of the Revised Code if the offender also is convicted of	89610
or also pleads guilty to a specification of the type described in	89611
section 2941.1413 of the Revised Code or a mandatory prison term	89612
of sixty consecutive days in accordance with division (G)(2) of	89613
section 2929.13 of the Revised Code if the offender is not	89614
convicted of and does not plead guilty to a specification of that	89615
type. The court may impose a prison term in addition to the	89616
mandatory prison term. The cumulative total of a sixty-day	89617
mandatory prison term and the additional prison term for the	89618
offense shall not exceed five years. In addition to the mandatory	89619
prison term or mandatory prison term and additional prison term	89620
the court imposes, the court also may sentence the offender to a	89621
community control sanction for the offense, but the offender shall	89622
serve all of the prison terms so imposed prior to serving the	89623
community control sanction.	89624

(ii) If the sentence is being imposed for a violation of	89625
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89626
section, a mandatory prison term of one, two, three, four, or five	89627
years as required by and in accordance with division (G)(2) of	89628
section 2929.13 of the Revised Code if the offender also is	89629
convicted of or also pleads guilty to a specification of the type	89630
described in section 2941.1413 of the Revised Code or a mandatory	89631
prison term of one hundred twenty consecutive days in accordance	89632
with division (G)(2) of section 2929.13 of the Revised Code if the	89633
offender is not convicted of and does not plead guilty to a	89634
specification of that type. The court may impose a prison term in	89635
addition to the mandatory prison term. The cumulative total of a	89636
one hundred twenty-day mandatory prison term and the additional	89637
prison term for the offense shall not exceed five years. In	89638
addition to the mandatory prison term or mandatory prison term and	89639
additional prison term the court imposes, the court also may	89640
sentence the offender to a community control sanction for the	89641
offense, but the offender shall serve all of the prison terms so	89642
imposed prior to serving the community control sanction.	89643

(iii) In all cases, notwithstanding section 2929.18 of the	89644
Revised Code, a fine of not less than one thousand three hundred	89645
fifty nor more than ten thousand five hundred dollars;	89646

(iv) In all cases, a class two license suspension of the	89647
offender's driver's license, commercial driver's license,	89648
temporary instruction permit, probationary license, or nonresident	89649
operating privilege from the range specified in division (A)(2) of	89650
section 4510.02 of the Revised Code. The court may grant limited	89651
driving privileges relative to the suspension under sections	89652
4510.021 and 4510.13 of the Revised Code.	89653

(v) In all cases, if the vehicle is registered in the	89654
offender's name, criminal forfeiture of the vehicle involved in	89655
the offense in accordance with section 4503.234 of the Revised	89656
Code. Division (G)(6) of this section applies regarding any	89657
vehicle that is subject to an order of criminal forfeiture under	89658
this division.	89659

(vi) In all cases, the court shall order the offender to	89660
participate ~~in an alcohol and drug~~with a community addiction	89661
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89662
the Revised Code, subject to division (I) of this section, and	89663
shall order the offender to follow the treatment recommendations	89664
of the ~~program~~services provider. The operator of the ~~program~~	89665
services provider shall determine and assess the degree of the	89666
offender's alcohol dependency and shall make recommendations for	89667
treatment. Upon the request of the court, the ~~program~~services	89668
provider shall submit the results of the assessment to the court,	89669
including all treatment recommendations and clinical diagnoses	89670
related to alcohol use.	89671

(2) An offender who is convicted of or pleads guilty to a	89672
violation of division (A) of this section and who subsequently	89673
seeks reinstatement of the driver's or occupational driver's	89674
license or permit or nonresident operating privilege suspended	89675
under this section as a result of the conviction or guilty plea	89676
shall pay a reinstatement fee as provided in division (F)(2) of	89677
section 4511.191 of the Revised Code.	89678

(3) If an offender is sentenced to a jail term under division	89679
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	89680
if, within sixty days of sentencing of the offender, the court	89681
issues a written finding on the record that, due to the	89682
unavailability of space at the jail where the offender is required	89683
to serve the term, the offender will not be able to begin serving	89684
that term within the sixty-day period following the date of	89685
sentencing, the court may impose an alternative sentence under	89686
this division that includes a term of house arrest with electronic	89687
monitoring, with continuous alcohol monitoring, or with both	89688
electronic monitoring and continuous alcohol monitoring.	89689

As an alternative to a mandatory jail term of ten consecutive	89690
days required by division (G)(1)(b)(i) of this section, the court,	89691
under this division, may sentence the offender to five consecutive	89692
days in jail and not less than eighteen consecutive days of house	89693
arrest with electronic monitoring, with continuous alcohol	89694
monitoring, or with both electronic monitoring and continuous	89695
alcohol monitoring. The cumulative total of the five consecutive	89696
days in jail and the period of house arrest with electronic	89697
monitoring, continuous alcohol monitoring, or both types of	89698
monitoring shall not exceed six months. The five consecutive days	89699
in jail do not have to be served prior to or consecutively to the	89700
period of house arrest.	89701

As an alternative to the mandatory jail term of twenty	89702
consecutive days required by division (G)(1)(b)(ii) of this	89703
section, the court, under this division, may sentence the offender	89704
to ten consecutive days in jail and not less than thirty-six	89705
consecutive days of house arrest with electronic monitoring, with	89706
continuous alcohol monitoring, or with both electronic monitoring	89707
and continuous alcohol monitoring. The cumulative total of the ten	89708
consecutive days in jail and the period of house arrest with	89709
electronic monitoring, continuous alcohol monitoring, or both	89710
types of monitoring shall not exceed six months. The ten	89711
consecutive days in jail do not have to be served prior to or	89712
consecutively to the period of house arrest.	89713

As an alternative to a mandatory jail term of thirty	89714
consecutive days required by division (G)(1)(c)(i) of this	89715
section, the court, under this division, may sentence the offender	89716
to fifteen consecutive days in jail and not less than fifty-five	89717
consecutive days of house arrest with electronic monitoring, with	89718
continuous alcohol monitoring, or with both electronic monitoring	89719
and continuous alcohol monitoring. The cumulative total of the	89720
fifteen consecutive days in jail and the period of house arrest	89721
with electronic monitoring, continuous alcohol monitoring, or both	89722
types of monitoring shall not exceed one year. The fifteen	89723
consecutive days in jail do not have to be served prior to or	89724
consecutively to the period of house arrest.	89725

As an alternative to the mandatory jail term of sixty	89726
consecutive days required by division (G)(1)(c)(ii) of this	89727
section, the court, under this division, may sentence the offender	89728
to thirty consecutive days in jail and not less than one hundred	89729
ten consecutive days of house arrest with electronic monitoring,	89730
with continuous alcohol monitoring, or with both electronic	89731
monitoring and continuous alcohol monitoring. The cumulative total	89732
of the thirty consecutive days in jail and the period of house	89733
arrest with electronic monitoring, continuous alcohol monitoring,	89734
or both types of monitoring shall not exceed one year. The thirty	89735
consecutive days in jail do not have to be served prior to or	89736
consecutively to the period of house arrest.	89737

(4) If an offender's driver's or occupational driver's	89738
license or permit or nonresident operating privilege is suspended	89739
under division (G) of this section and if section 4510.13 of the	89740
Revised Code permits the court to grant limited driving	89741
privileges, the court may grant the limited driving privileges in	89742
accordance with that section. If division (A)(7) of that section	89743
requires that the court impose as a condition of the privileges	89744
that the offender must display on the vehicle that is driven	89745
subject to the privileges restricted license plates that are	89746
issued under section 4503.231 of the Revised Code, except as	89747
provided in division (B) of that section, the court shall impose	89748
that condition as one of the conditions of the limited driving	89749
privileges granted to the offender, except as provided in division	89750
(B) of section 4503.231 of the Revised Code.	89751

(5) Fines imposed under this section for a violation of	89752
division (A) of this section shall be distributed as follows:	89753

(a) Twenty-five dollars of the fine imposed under division	89754
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	89755
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	89756
fine imposed under division (G)(1)(c)(iii), and two hundred ten	89757
dollars of the fine imposed under division (G)(1)(d)(iii) or	89758
(e)(iii) of this section shall be paid to an enforcement and	89759
education fund established by the legislative authority of the law	89760
enforcement agency in this state that primarily was responsible	89761
for the arrest of the offender, as determined by the court that	89762
imposes the fine. The agency shall use this share to pay only	89763
those costs it incurs in enforcing this section or a municipal OVI	89764
ordinance and in informing the public of the laws governing the	89765
operation of a vehicle while under the influence of alcohol, the	89766
dangers of the operation of a vehicle under the influence of	89767
alcohol, and other information relating to the operation of a	89768
vehicle under the influence of alcohol and the consumption of	89769
alcoholic beverages.	89770

(b) Fifty dollars of the fine imposed under division	89771
(G)(1)(a)(iii) of this section shall be paid to the political	89772
subdivision that pays the cost of housing the offender during the	89773
offender's term of incarceration. If the offender is being	89774
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	89775
(e), or (j) of this section and was confined as a result of the	89776
offense prior to being sentenced for the offense but is not	89777
sentenced to a term of incarceration, the fifty dollars shall be	89778
paid to the political subdivision that paid the cost of housing	89779
the offender during that period of confinement. The political	89780
subdivision shall use the share under this division to pay or	89781
reimburse incarceration or treatment costs it incurs in housing or	89782
providing drug and alcohol treatment to persons who violate this	89783
section or a municipal OVI ordinance, costs of any immobilizing or	89784
disabling device used on the offender's vehicle, and costs of	89785
electronic house arrest equipment needed for persons who violate	89786
this section.	89787

(c) Twenty-five dollars of the fine imposed under division	89788
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	89789
division (G)(1)(b)(iii) of this section shall be deposited into	89790
the county or municipal indigent drivers' alcohol treatment fund	89791
under the control of that court, as created by the county or	89792
municipal corporation under division (F) of section 4511.191 of	89793
the Revised Code.	89794

(d) One hundred fifteen dollars of the fine imposed under	89795
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	89796
fine imposed under division (G)(1)(c)(iii), and four hundred forty	89797
dollars of the fine imposed under division (G)(1)(d)(iii) or	89798
(e)(iii) of this section shall be paid to the political	89799
subdivision that pays the cost of housing the offender during the	89800
offender's term of incarceration. The political subdivision shall	89801
use this share to pay or reimburse incarceration or treatment	89802
costs it incurs in housing or providing drug and alcohol treatment	89803
to persons who violate this section or a municipal OVI ordinance,	89804
costs for any immobilizing or disabling device used on the	89805
offender's vehicle, and costs of electronic house arrest equipment	89806
needed for persons who violate this section.	89807

(e) Fifty dollars of the fine imposed under divisions	89808
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	89809
and (G)(1)(e)(iii) of this section shall be deposited into the	89810
special projects fund of the court in which the offender was	89811
convicted and that is established under division (E)(1) of section	89812
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	89813
of section 1907.24 of the Revised Code, to be used exclusively to	89814
cover the cost of immobilizing or disabling devices, including	89815
certified ignition interlock devices, and remote alcohol	89816
monitoring devices for indigent offenders who are required by a	89817
judge to use either of these devices. If the court in which the	89818
offender was convicted does not have a special projects fund that	89819
is established under division (E)(1) of section 2303.201, division	89820
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	89821
of the Revised Code, the fifty dollars shall be deposited into the	89822
indigent drivers interlock and alcohol monitoring fund under	89823
division (I) of section 4511.191 of the Revised Code.	89824

(f) Seventy-five dollars of the fine imposed under division	89825
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	89826
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	89827
of the fine imposed under division (G)(1)(c)(iii), and five	89828
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	89829
or (e)(iii) of this section shall be transmitted to the treasurer	89830
of state for deposit into the indigent defense support fund	89831
established under section 120.08 of the Revised Code.	89832

(g) The balance of the fine imposed under division	89833
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	89834
section shall be disbursed as otherwise provided by law.	89835

(6) If title to a motor vehicle that is subject to an order	89836
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	89837
this section is assigned or transferred and division (B)(2) or (3)	89838
of section 4503.234 of the Revised Code applies, in addition to or	89839
independent of any other penalty established by law, the court may	89840
fine the offender the value of the vehicle as determined by	89841
publications of the national automobile dealers association. The	89842
proceeds of any fine so imposed shall be distributed in accordance	89843
with division (C)(2) of that section.	89844

(7) In all cases in which an offender is sentenced under	89845
division (G) of this section, the offender shall provide the court	89846
with proof of financial responsibility as defined in section	89847
4509.01 of the Revised Code. If the offender fails to provide that	89848
proof of financial responsibility, the court, in addition to any	89849
other penalties provided by law, may order restitution pursuant to	89850
section 2929.18 or 2929.28 of the Revised Code in an amount not	89851
exceeding five thousand dollars for any economic loss arising from	89852
an accident or collision that was the direct and proximate result	89853
of the offender's operation of the vehicle before, during, or	89854
after committing the offense for which the offender is sentenced	89855
under division (G) of this section.	89856

(8) As used in division (G) of this section, "electronic	89857
monitoring," "mandatory prison term," and "mandatory term of local	89858
incarceration" have the same meanings as in section 2929.01 of the	89859
Revised Code.	89860

(H) Whoever violates division (B) of this section is guilty	89861
of operating a vehicle after underage alcohol consumption and	89862
shall be punished as follows:	89863

(1) Except as otherwise provided in division (H)(2) of this	89864
section, the offender is guilty of a misdemeanor of the fourth	89865
degree. In addition to any other sanction imposed for the offense,	89866
the court shall impose a class six suspension of the offender's	89867
driver's license, commercial driver's license, temporary	89868
instruction permit, probationary license, or nonresident operating	89869
privilege from the range specified in division (A)(6) of section	89870
4510.02 of the Revised Code.	89871

(2) If, within one year of the offense, the offender	89872
previously has been convicted of or pleaded guilty to one or more	89873
violations of division (A) or (B) of this section or other	89874
equivalent offenses, the offender is guilty of a misdemeanor of	89875
the third degree. In addition to any other sanction imposed for	89876
the offense, the court shall impose a class four suspension of the	89877
offender's driver's license, commercial driver's license,	89878
temporary instruction permit, probationary license, or nonresident	89879
operating privilege from the range specified in division (A)(4) of	89880
section 4510.02 of the Revised Code.	89881

(3) If the offender also is convicted of or also pleads	89882
guilty to a specification of the type described in section	89883
2941.1416 of the Revised Code and if the court imposes a jail term	89884
for the violation of division (B) of this section, the court shall	89885
impose upon the offender an additional definite jail term pursuant	89886
to division (E) of section 2929.24 of the Revised Code.	89887

(4) The offender shall provide the court with proof of	89888
financial responsibility as defined in section 4509.01 of the	89889
Revised Code. If the offender fails to provide that proof of	89890
financial responsibility, then, in addition to any other penalties	89891
provided by law, the court may order restitution pursuant to	89892
section 2929.28 of the Revised Code in an amount not exceeding	89893
five thousand dollars for any economic loss arising from an	89894
accident or collision that was the direct and proximate result of	89895
the offender's operation of the vehicle before, during, or after	89896
committing the violation of division (B) of this section.	89897

(I)(1) No court shall sentence an offender to an alcohol	89898
treatment program under this section unless the treatment program	89899
complies with the minimum standards for alcohol treatment programs	89900
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	89901
director of ~~alcohol and drug addiction services~~mental health and	89902
addiction services.	89903

(2) An offender who stays in a drivers' intervention program	89904
or in an alcohol treatment program under an order issued under	89905
this section shall pay the cost of the stay in the program.	89906
However, if the court determines that an offender who stays in an	89907
alcohol treatment program under an order issued under this section	89908
is unable to pay the cost of the stay in the program, the court	89909
may order that the cost be paid from the court's indigent drivers'	89910
alcohol treatment fund.	89911

(J) If a person whose driver's or commercial driver's license	89912
or permit or nonresident operating privilege is suspended under	89913
this section files an appeal regarding any aspect of the person's	89914
trial or sentence, the appeal itself does not stay the operation	89915
of the suspension.	89916

(K) Division (A)(1)(j) of this section does not apply to a	89917
person who operates a vehicle, streetcar, or trackless trolley	89918
while the person has a concentration of a listed controlled	89919
substance or a listed metabolite of a controlled substance in the	89920
person's whole blood, blood serum or plasma, or urine that equals	89921
or exceeds the amount specified in that division, if both of the	89922
following apply:	89923

(1) The person obtained the controlled substance pursuant to	89924
a prescription issued by a licensed health professional authorized	89925
to prescribe drugs.	89926

(2) The person injected, ingested, or inhaled the controlled	89927
substance in accordance with the health professional's directions.	89928

(L) The prohibited concentrations of a controlled substance	89929
or a metabolite of a controlled substance listed in division	89930
(A)(1)(j) of this section also apply in a prosecution of a	89931
violation of division (D) of section 2923.16 of the Revised Code	89932
in the same manner as if the offender is being prosecuted for a	89933
prohibited concentration of alcohol.	89934

(M) All terms defined in section 4510.01 of the Revised Code	89935
apply to this section. If the meaning of a term defined in section	89936
4510.01 of the Revised Code conflicts with the meaning of the same	89937
term as defined in section 4501.01 or 4511.01 of the Revised Code,	89938
the term as defined in section 4510.01 of the Revised Code applies	89939
to this section.	89940

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	89941
as adopted by the supreme court under authority of section 2937.46	89942
of the Revised Code, do not apply to felony violations of this	89943
section. Subject to division (N)(2) of this section, the Rules of	89944
Criminal Procedure apply to felony violations of this section.	89945

(2) If, on or after January 1, 2004, the supreme court	89946
modifies the Ohio Traffic Rules to provide procedures to govern	89947
felony violations of this section, the modified rules shall apply	89948
to felony violations of this section.	89949

Sec. 4511.191. (A)(1) As used in this section:

89950

(a) "Physical control" has the same meaning as in section	89951
4511.194 of the Revised Code.	89952

(b) "Alcohol monitoring device" means any device that	89953
provides for continuous alcohol monitoring, any ignition interlock	89954
device, any immobilizing or disabling device other than an	89955
ignition interlock device that is constantly available to monitor	89956
the concentration of alcohol in a person's system, or any other	89957
device that provides for the automatic testing and periodic	89958
reporting of alcohol consumption by a person and that a court	89959
orders a person to use as a sanction imposed as a result of the	89960
person's conviction of or plea of guilty to an offense.	89961

(2) Any person who operates a vehicle, streetcar, or	89962
trackless trolley upon a highway or any public or private property	89963
used by the public for vehicular travel or parking within this	89964
state or who is in physical control of a vehicle, streetcar, or	89965
trackless trolley shall be deemed to have given consent to a	89966
chemical test or tests of the person's whole blood, blood serum or	89967
plasma, breath, or urine to determine the alcohol, drug of abuse,	89968
controlled substance, metabolite of a controlled substance, or	89969
combination content of the person's whole blood, blood serum or	89970
plasma, breath, or urine if arrested for a violation of division	89971
(A) or (B) of section 4511.19 of the Revised Code, section	89972
4511.194 of the Revised Code or a substantially equivalent	89973
municipal ordinance, or a municipal OVI ordinance.	89974

(3) The chemical test or tests under division (A)(2) of this	89975
section shall be administered at the request of a law enforcement	89976
officer having reasonable grounds to believe the person was	89977
operating or in physical control of a vehicle, streetcar, or	89978
trackless trolley in violation of a division, section, or	89979
ordinance identified in division (A)(2) of this section. The law	89980
enforcement agency by which the officer is employed shall	89981
designate which of the tests shall be administered.	89982

(4) Any person who is dead or unconscious, or who otherwise	89983
is in a condition rendering the person incapable of refusal, shall	89984
be deemed to have consented as provided in division (A)(2) of this	89985
section, and the test or tests may be administered, subject to	89986
sections 313.12 to 313.16 of the Revised Code.	89987

(5)(a) If a law enforcement officer arrests a person for a	89988
violation of division (A) or (B) of section 4511.19 of the Revised	89989
Code, section 4511.194 of the Revised Code or a substantially	89990
equivalent municipal ordinance, or a municipal OVI ordinance and	89991
if the person if convicted would be required to be sentenced under	89992
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	89993
Code, the law enforcement officer shall request the person to	89994
submit, and the person shall submit, to a chemical test or tests	89995
of the person's whole blood, blood serum or plasma, breath, or	89996
urine for the purpose of determining the alcohol, drug of abuse,	89997
controlled substance, metabolite of a controlled substance, or	89998
combination content of the person's whole blood, blood serum or	89999
plasma, breath, or urine. A law enforcement officer who makes a	90000
request pursuant to this division that a person submit to a	90001
chemical test or tests is not required to advise the person of the	90002
consequences of submitting to, or refusing to submit to, the test	90003
or tests and is not required to give the person the form described	90004
in division (B) of section 4511.192 of the Revised Code, but the	90005
officer shall advise the person at the time of the arrest that if	90006
the person refuses to take a chemical test the officer may employ	90007
whatever reasonable means are necessary to ensure that the person	90008
submits to a chemical test of the person's whole blood or blood	90009
serum or plasma. The officer shall also advise the person at the	90010
time of the arrest that the person may have an independent	90011
chemical test taken at the person's own expense. Divisions (A)(3)	90012
and (4) of this section apply to the administration of a chemical	90013
test or tests pursuant to this division.	90014

(b) If a person refuses to submit to a chemical test upon a	90015
request made pursuant to division (A)(5)(a) of this section, the	90016
law enforcement officer who made the request may employ whatever	90017
reasonable means are necessary to ensure that the person submits	90018
to a chemical test of the person's whole blood or blood serum or	90019
plasma. A law enforcement officer who acts pursuant to this	90020
division to ensure that a person submits to a chemical test of the	90021
person's whole blood or blood serum or plasma is immune from	90022
criminal and civil liability based upon a claim for assault and	90023
battery or any other claim for the acts, unless the officer so	90024
acted with malicious purpose, in bad faith, or in a wanton or	90025
reckless manner.	90026

(B)(1) Upon receipt of the sworn report of a law enforcement	90027
officer who arrested a person for a violation of division (A) or	90028
(B) of section 4511.19 of the Revised Code, section 4511.194 of	90029
the Revised Code or a substantially equivalent municipal	90030
ordinance, or a municipal OVI ordinance that was completed and	90031
sent to the registrar of motor vehicles and a court pursuant to	90032
section 4511.192 of the Revised Code in regard to a person who	90033
refused to take the designated chemical test, the registrar shall	90034
enter into the registrar's records the fact that the person's	90035
driver's or commercial driver's license or permit or nonresident	90036
operating privilege was suspended by the arresting officer under	90037
this division and that section and the period of the suspension,	90038
as determined under this section. The suspension shall be subject	90039
to appeal as provided in section 4511.197 of the Revised Code. The	90040
suspension shall be for whichever of the following periods	90041
applies:	90042

(a) Except when division (B)(1)(b), (c), or (d) of this	90043
section applies and specifies a different class or length of	90044
suspension, the suspension shall be a class C suspension for the	90045
period of time specified in division (B)(3) of section 4510.02 of	90046
the Revised Code.	90047

(b) If the arrested person, within six years of the date on	90048
which the person refused the request to consent to the chemical	90049
test, had refused one previous request to consent to a chemical	90050
test or had been convicted of or pleaded guilty to one violation	90051
of division (A) or (B) of section 4511.19 of the Revised Code or	90052
one other equivalent offense, the suspension shall be a class B	90053
suspension imposed for the period of time specified in division	90054
(B)(2) of section 4510.02 of the Revised Code.	90055

(c) If the arrested person, within six years of the date on	90056
which the person refused the request to consent to the chemical	90057
test, had refused two previous requests to consent to a chemical	90058
test, had been convicted of or pleaded guilty to two violations of	90059
division (A) or (B) of section 4511.19 of the Revised Code or	90060
other equivalent offenses, or had refused one previous request to	90061
consent to a chemical test and also had been convicted of or	90062
pleaded guilty to one violation of division (A) or (B) of section	90063
4511.19 of the Revised Code or other equivalent offenses, which	90064
violation or offense arose from an incident other than the	90065
incident that led to the refusal, the suspension shall be a class	90066
A suspension imposed for the period of time specified in division	90067
(B)(1) of section 4510.02 of the Revised Code.	90068

(d) If the arrested person, within six years of the date on	90069
which the person refused the request to consent to the chemical	90070
test, had refused three or more previous requests to consent to a	90071
chemical test, had been convicted of or pleaded guilty to three or	90072
more violations of division (A) or (B) of section 4511.19 of the	90073
Revised Code or other equivalent offenses, or had refused a number	90074
of previous requests to consent to a chemical test and also had	90075
been convicted of or pleaded guilty to a number of violations of	90076
division (A) or (B) of section 4511.19 of the Revised Code or	90077
other equivalent offenses that cumulatively total three or more	90078
such refusals, convictions, and guilty pleas, the suspension shall	90079
be for five years.	90080

(2) The registrar shall terminate a suspension of the	90081
driver's or commercial driver's license or permit of a resident or	90082
of the operating privilege of a nonresident, or a denial of a	90083
driver's or commercial driver's license or permit, imposed	90084
pursuant to division (B)(1) of this section upon receipt of notice	90085
that the person has entered a plea of guilty to, or that the	90086
person has been convicted after entering a plea of no contest to,	90087
operating a vehicle in violation of section 4511.19 of the Revised	90088
Code or in violation of a municipal OVI ordinance, if the offense	90089
for which the conviction is had or the plea is entered arose from	90090
the same incident that led to the suspension or denial.	90091

The registrar shall credit against any judicial suspension of	90092
a person's driver's or commercial driver's license or permit or	90093
nonresident operating privilege imposed pursuant to section	90094
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	90095
Revised Code for a violation of a municipal OVI ordinance, any	90096
time during which the person serves a related suspension imposed	90097
pursuant to division (B)(1) of this section.	90098

(C)(1) Upon receipt of the sworn report of the law	90099
enforcement officer who arrested a person for a violation of	90100
division (A) or (B) of section 4511.19 of the Revised Code or a	90101
municipal OVI ordinance that was completed and sent to the	90102
registrar and a court pursuant to section 4511.192 of the Revised	90103
Code in regard to a person whose test results indicate that the	90104
person's whole blood, blood serum or plasma, breath, or urine	90105
contained at least the concentration of alcohol specified in	90106
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	90107
Revised Code or at least the concentration of a listed controlled	90108
substance or a listed metabolite of a controlled substance	90109
specified in division (A)(1)(j) of section 4511.19 of the Revised	90110
Code, the registrar shall enter into the registrar's records the	90111
fact that the person's driver's or commercial driver's license or	90112
permit or nonresident operating privilege was suspended by the	90113
arresting officer under this division and section 4511.192 of the	90114
Revised Code and the period of the suspension, as determined under	90115
divisions (C)(1)(a) to (d) of this section. The suspension shall	90116
be subject to appeal as provided in section 4511.197 of the	90117
Revised Code. The suspension described in this division does not	90118
apply to, and shall not be imposed upon, a person arrested for a	90119
violation of section 4511.194 of the Revised Code or a	90120
substantially equivalent municipal ordinance who submits to a	90121
designated chemical test. The suspension shall be for whichever of	90122
the following periods applies:	90123

(a) Except when division (C)(1)(b), (c), or (d) of this	90124
section applies and specifies a different period, the suspension	90125
shall be a class E suspension imposed for the period of time	90126
specified in division (B)(5) of section 4510.02 of the Revised	90127
Code.	90128

(b) The suspension shall be a class C suspension for the	90129
period of time specified in division (B)(3) of section 4510.02 of	90130
the Revised Code if the person has been convicted of or pleaded	90131
guilty to, within six years of the date the test was conducted,	90132
one violation of division (A) or (B) of section 4511.19 of the	90133
Revised Code or one other equivalent offense.	90134

(c) If, within six years of the date the test was conducted,	90135
the person has been convicted of or pleaded guilty to two	90136
violations of a statute or ordinance described in division	90137
(C)(1)(b) of this section, the suspension shall be a class B	90138
suspension imposed for the period of time specified in division	90139
(B)(2) of section 4510.02 of the Revised Code.	90140

(d) If, within six years of the date the test was conducted,	90141
the person has been convicted of or pleaded guilty to more than	90142
two violations of a statute or ordinance described in division	90143
(C)(1)(b) of this section, the suspension shall be a class A	90144
suspension imposed for the period of time specified in division	90145
(B)(1) of section 4510.02 of the Revised Code.	90146

(2) The registrar shall terminate a suspension of the	90147
driver's or commercial driver's license or permit of a resident or	90148
of the operating privilege of a nonresident, or a denial of a	90149
driver's or commercial driver's license or permit, imposed	90150
pursuant to division (C)(1) of this section upon receipt of notice	90151
that the person has entered a plea of guilty to, or that the	90152
person has been convicted after entering a plea of no contest to,	90153
operating a vehicle in violation of section 4511.19 of the Revised	90154
Code or in violation of a municipal OVI ordinance, if the offense	90155
for which the conviction is had or the plea is entered arose from	90156
the same incident that led to the suspension or denial.	90157

The registrar shall credit against any judicial suspension of	90158
a person's driver's or commercial driver's license or permit or	90159
nonresident operating privilege imposed pursuant to section	90160
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	90161
Revised Code for a violation of a municipal OVI ordinance, any	90162
time during which the person serves a related suspension imposed	90163
pursuant to division (C)(1) of this section.	90164

(D)(1) A suspension of a person's driver's or commercial	90165
driver's license or permit or nonresident operating privilege	90166
under this section for the time described in division (B) or (C)	90167
of this section is effective immediately from the time at which	90168
the arresting officer serves the notice of suspension upon the	90169
arrested person. Any subsequent finding that the person is not	90170
guilty of the charge that resulted in the person being requested	90171
to take the chemical test or tests under division (A) of this	90172
section does not affect the suspension.	90173

(2) If a person is arrested for operating a vehicle,	90174
streetcar, or trackless trolley in violation of division (A) or	90175
(B) of section 4511.19 of the Revised Code or a municipal OVI	90176
ordinance, or for being in physical control of a vehicle,	90177
streetcar, or trackless trolley in violation of section 4511.194	90178
of the Revised Code or a substantially equivalent municipal	90179
ordinance, regardless of whether the person's driver's or	90180
commercial driver's license or permit or nonresident operating	90181
privilege is or is not suspended under division (B) or (C) of this	90182
section or Chapter 4510. of the Revised Code, the person's initial	90183
appearance on the charge resulting from the arrest shall be held	90184
within five days of the person's arrest or the issuance of the	90185
citation to the person, subject to any continuance granted by the	90186
court pursuant to section 4511.197 of the Revised Code regarding	90187
the issues specified in that division.	90188

(E) When it finally has been determined under the procedures	90189
of this section and sections 4511.192 to 4511.197 of the Revised	90190
Code that a nonresident's privilege to operate a vehicle within	90191
this state has been suspended, the registrar shall give	90192
information in writing of the action taken to the motor vehicle	90193
administrator of the state of the person's residence and of any	90194
state in which the person has a license.	90195

(F) At the end of a suspension period under this section,	90196
under section 4511.194, section 4511.196, or division (G) of	90197
section 4511.19 of the Revised Code, or under section 4510.07 of	90198
the Revised Code for a violation of a municipal OVI ordinance and	90199
upon the request of the person whose driver's or commercial	90200
driver's license or permit was suspended and who is not otherwise	90201
subject to suspension, cancellation, or disqualification, the	90202
registrar shall return the driver's or commercial driver's license	90203
or permit to the person upon the occurrence of all of the	90204
conditions specified in divisions (F)(1) and (2) of this section:	90205

(1) A showing that the person has proof of financial	90206
responsibility, a policy of liability insurance in effect that	90207
meets the minimum standards set forth in section 4509.51 of the	90208
Revised Code, or proof, to the satisfaction of the registrar, that	90209
the person is able to respond in damages in an amount at least	90210
equal to the minimum amounts specified in section 4509.51 of the	90211
Revised Code.	90212

(2) Subject to the limitation contained in division (F)(3) of	90213
this section, payment by the person to the registrar or an	90214
eligible deputy registrar of a license reinstatement fee of four	90215
hundred seventy-five dollars, which fee shall be deposited in the	90216
state treasury and credited as follows:	90217

(a) One hundred twelve dollars and fifty cents shall be	90218
credited to the statewide treatment and prevention fund created by	90219
section 4301.30 of the Revised Code. Money credited to the fund	90220
under this section shall be used for purposes identified ~~in the~~	90221
~~comprehensive statewide alcohol and drug addiction services plan~~	90222
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	90223

(b) Seventy-five dollars shall be credited to the reparations	90224
fund created by section 2743.191 of the Revised Code.	90225

(c) Thirty-seven dollars and fifty cents shall be credited to	90226
the indigent drivers alcohol treatment fund, which is hereby	90227
established in the state treasury. Except as otherwise provided in	90228
division (F)(2)(c) of this section, moneys in the fund shall be	90229
distributed by the department of ~~alcohol and drug addiction~~	90230
~~services~~mental health and addiction services to the county	90231
indigent drivers alcohol treatment funds, the county juvenile	90232
indigent drivers alcohol treatment funds, and the municipal	90233
indigent drivers alcohol treatment funds that are required to be	90234
established by counties and municipal corporations pursuant to	90235
division (H) of this section, and shall be used only to pay the	90236
cost of an alcohol and drug addiction treatment program attended	90237
by an offender or juvenile traffic offender who is ordered to	90238
attend an alcohol and drug addiction treatment program by a	90239
county, juvenile, or municipal court judge and who is determined	90240
by the county, juvenile, or municipal court judge not to have the	90241
means to pay for the person's attendance at the program or to pay	90242
the costs specified in division (H)(4) of this section in	90243
accordance with that division. In addition, a county, juvenile, or	90244
municipal court judge may use moneys in the county indigent	90245
drivers alcohol treatment fund, county juvenile indigent drivers	90246
alcohol treatment fund, or municipal indigent drivers alcohol	90247
treatment fund to pay for the cost of the continued use of an	90248
alcohol monitoring device as described in divisions (H)(3) and (4)	90249
of this section. Moneys in the fund that are not distributed to a	90250
county indigent drivers alcohol treatment fund, a county juvenile	90251
indigent drivers alcohol treatment fund, or a municipal indigent	90252
drivers alcohol treatment fund under division (H) of this section	90253
because the director of ~~alcohol and drug addiction services~~mental	90254
health and addiction services does not have the information	90255
necessary to identify the county or municipal corporation where	90256
the offender or juvenile offender was arrested may be transferred	90257
by the director of budget and management to the statewide	90258
treatment and prevention fund created by section 4301.30 of the	90259
Revised Code, upon certification of the amount by the director of	90260
~~alcohol and drug addiction services~~mental health and addiction	90261
services.	90262

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	90263
~~rehabilitation services commission~~opportunities for Ohioans with	90264
disabilities agency established by section ~~3304.12~~3304.15 of the	90265
Revised Code, to the services for rehabilitation fund, which is	90266
hereby established. The fund shall be used to match available	90267
federal matching funds where appropriate, and for any other	90268
purpose or program of the ~~commission~~agency to rehabilitate ~~people~~	90269
persons with disabilities to help them become employed and	90270
independent.	90271

(e) Seventy-five dollars shall be deposited into the state	90272
treasury and credited to the drug abuse resistance education	90273
programs fund, which is hereby established, to be used by the	90274
attorney general for the purposes specified in division (F)(4) of	90275
this section.	90276

(f) Thirty dollars shall be credited to the state bureau of	90277
motor vehicles fund created by section 4501.25 of the Revised	90278
Code.	90279

(g) Twenty dollars shall be credited to the trauma and	90280
emergency medical services fund created by section 4513.263 of the	90281
Revised Code.	90282

(h) Fifty dollars shall be credited to the indigent drivers	90283
interlock and alcohol monitoring fund, which is hereby established	90284
in the state treasury. Moneys in the fund shall be distributed by	90285
the department of public safety to the county indigent drivers	90286
interlock and alcohol monitoring funds, the county juvenile	90287
indigent drivers interlock and alcohol monitoring funds, and the	90288
municipal indigent drivers interlock and alcohol monitoring funds	90289
that are required to be established by counties and municipal	90290
corporations pursuant to this section, and shall be used only to	90291
pay the cost of an immobilizing or disabling device, including a	90292
certified ignition interlock device, or an alcohol monitoring	90293
device used by an offender or juvenile offender who is ordered to	90294
use the device by a county, juvenile, or municipal court judge and	90295
who is determined by the county, juvenile, or municipal court	90296
judge not to have the means to pay for the person's use of the	90297
device.	90298

(3) If a person's driver's or commercial driver's license or	90299
permit is suspended under this section, under section 4511.196 or	90300
division (G) of section 4511.19 of the Revised Code, under section	90301
4510.07 of the Revised Code for a violation of a municipal OVI	90302
ordinance or under any combination of the suspensions described in	90303
division (F)(3) of this section, and if the suspensions arise from	90304
a single incident or a single set of facts and circumstances, the	90305
person is liable for payment of, and shall be required to pay to	90306
the registrar or an eligible deputy registrar, only one	90307
reinstatement fee of four hundred seventy-five dollars. The	90308
reinstatement fee shall be distributed by the bureau in accordance	90309
with division (F)(2) of this section.	90310

(4) The attorney general shall use amounts in the drug abuse	90311
resistance education programs fund to award grants to law	90312
enforcement agencies to establish and implement drug abuse	90313
resistance education programs in public schools. Grants awarded to	90314
a law enforcement agency under this section shall be used by the	90315
agency to pay for not more than fifty per cent of the amount of	90316
the salaries of law enforcement officers who conduct drug abuse	90317
resistance education programs in public schools. The attorney	90318
general shall not use more than six per cent of the amounts the	90319
attorney general's office receives under division (F)(2)(e) of	90320
this section to pay the costs it incurs in administering the grant	90321
program established by division (F)(2)(e) of this section and in	90322
providing training and materials relating to drug abuse resistance	90323
education programs.	90324

The attorney general shall report to the governor and the	90325
general assembly each fiscal year on the progress made in	90326
establishing and implementing drug abuse resistance education	90327
programs. These reports shall include an evaluation of the	90328
effectiveness of these programs.	90329

(5) In addition to the reinstatement fee under this section,	90330
if the person pays the reinstatement fee to a deputy registrar,	90331
the deputy registrar shall collect a service fee of ten dollars to	90332
compensate the deputy registrar for services performed under this	90333
section. The deputy registrar shall retain eight dollars of the	90334
service fee and shall transmit the reinstatement fee, plus two	90335
dollars of the service fee, to the registrar in the manner the	90336
registrar shall determine.	90337

(G) Suspension of a commercial driver's license under	90338
division (B) or (C) of this section shall be concurrent with any	90339
period of disqualification under section 3123.611 or 4506.16 of	90340
the Revised Code or any period of suspension under section 3123.58	90341
of the Revised Code. No person who is disqualified for life from	90342
holding a commercial driver's license under section 4506.16 of the	90343
Revised Code shall be issued a driver's license under Chapter	90344
4507. of the Revised Code during the period for which the	90345
commercial driver's license was suspended under division (B) or	90346
(C) of this section. No person whose commercial driver's license	90347
is suspended under division (B) or (C) of this section shall be	90348
issued a driver's license under Chapter 4507. of the Revised Code	90349
during the period of the suspension.	90350

(H)(1) Each county shall establish an indigent drivers	90351
alcohol treatment fund, each county shall establish a juvenile	90352
indigent drivers alcohol treatment fund, and each municipal	90353
corporation in which there is a municipal court shall establish an	90354
indigent drivers alcohol treatment fund. All revenue that the	90355
general assembly appropriates to the indigent drivers alcohol	90356
treatment fund for transfer to a county indigent drivers alcohol	90357
treatment fund, a county juvenile indigent drivers alcohol	90358
treatment fund, or a municipal indigent drivers alcohol treatment	90359
fund, all portions of fees that are paid under division (F) of	90360
this section and that are credited under that division to the	90361
indigent drivers alcohol treatment fund in the state treasury for	90362
a county indigent drivers alcohol treatment fund, a county	90363
juvenile indigent drivers alcohol treatment fund, or a municipal	90364
indigent drivers alcohol treatment fund, all portions of	90365
additional costs imposed under section 2949.094 of the Revised	90366
Code that are specified for deposit into a county, county	90367
juvenile, or municipal indigent drivers alcohol treatment fund by	90368
that section, and all portions of fines that are specified for	90369
deposit into a county or municipal indigent drivers alcohol	90370
treatment fund by section 4511.193 of the Revised Code shall be	90371
deposited into that county indigent drivers alcohol treatment	90372
fund, county juvenile indigent drivers alcohol treatment fund, or	90373
municipal indigent drivers alcohol treatment fund. The portions of	90374
the fees paid under division (F) of this section that are to be so	90375
deposited shall be determined in accordance with division (H)(2)	90376
of this section. Additionally, all portions of fines that are paid	90377
for a violation of section 4511.19 of the Revised Code or of any	90378
prohibition contained in Chapter 4510. of the Revised Code, and	90379
that are required under section 4511.19 or any provision of	90380
Chapter 4510. of the Revised Code to be deposited into a county	90381
indigent drivers alcohol treatment fund or municipal indigent	90382
drivers alcohol treatment fund shall be deposited into the	90383
appropriate fund in accordance with the applicable division of the	90384
section or provision.	90385

(2) That portion of the license reinstatement fee that is	90386
paid under division (F) of this section and that is credited under	90387
that division to the indigent drivers alcohol treatment fund shall	90388
be deposited into a county indigent drivers alcohol treatment	90389
fund, a county juvenile indigent drivers alcohol treatment fund,	90390
or a municipal indigent drivers alcohol treatment fund as follows:	90391

(a) Regarding a suspension imposed under this section, that	90392
portion of the fee shall be deposited as follows:	90393

(i) If the fee is paid by a person who was charged in a	90394
county court with the violation that resulted in the suspension or	90395
in the imposition of the court costs, the portion shall be	90396
deposited into the county indigent drivers alcohol treatment fund	90397
under the control of that court;	90398

(ii) If the fee is paid by a person who was charged in a	90399
juvenile court with the violation that resulted in the suspension	90400
or in the imposition of the court costs, the portion shall be	90401
deposited into the county juvenile indigent drivers alcohol	90402
treatment fund established in the county served by the court;	90403

(iii) If the fee is paid by a person who was charged in a	90404
municipal court with the violation that resulted in the suspension	90405
or in the imposition of the court costs, the portion shall be	90406
deposited into the municipal indigent drivers alcohol treatment	90407
fund under the control of that court.	90408

(b) Regarding a suspension imposed under section 4511.19 of	90409
the Revised Code or under section 4510.07 of the Revised Code for	90410
a violation of a municipal OVI ordinance, that portion of the fee	90411
shall be deposited as follows:	90412

(i) If the fee is paid by a person whose license or permit	90413
was suspended by a county court, the portion shall be deposited	90414
into the county indigent drivers alcohol treatment fund under the	90415
control of that court;	90416

(ii) If the fee is paid by a person whose license or permit	90417
was suspended by a municipal court, the portion shall be deposited	90418
into the municipal indigent drivers alcohol treatment fund under	90419
the control of that court.	90420

(3) Expenditures from a county indigent drivers alcohol	90421
treatment fund, a county juvenile indigent drivers alcohol	90422
treatment fund, or a municipal indigent drivers alcohol treatment	90423
fund shall be made only upon the order of a county, juvenile, or	90424
municipal court judge and only for payment of the cost of an	90425
assessment or the cost of the attendance at an alcohol and drug	90426
addiction treatment program of a person who is convicted of, or	90427
found to be a juvenile traffic offender by reason of, a violation	90428
of division (A) of section 4511.19 of the Revised Code or a	90429
substantially similar municipal ordinance, who is ordered by the	90430
court to attend the alcohol and drug addiction treatment program,	90431
and who is determined by the court to be unable to pay the cost of	90432
the assessment or the cost of attendance at the treatment program	90433
or for payment of the costs specified in division (H)(4) of this	90434
section in accordance with that division. The alcohol and drug	90435
addiction services board or the board of alcohol, drug addiction,	90436
and mental health services established pursuant to section 340.02	90437
or 340.021 of the Revised Code and serving the alcohol, drug	90438
addiction, and mental health service district in which the court	90439
is located shall administer the indigent drivers alcohol treatment	90440
program of the court. When a court orders an offender or juvenile	90441
traffic offender to obtain an assessment or attend an alcohol and	90442
drug addiction treatment program, the board shall determine which	90443
program is suitable to meet the needs of the offender or juvenile	90444
traffic offender, and when a suitable program is located and space	90445
is available at the program, the offender or juvenile traffic	90446
offender shall attend the program designated by the board. A	90447
reasonable amount not to exceed five per cent of the amounts	90448
credited to and deposited into the county indigent drivers alcohol	90449
treatment fund, the county juvenile indigent drivers alcohol	90450
treatment fund, or the municipal indigent drivers alcohol	90451
treatment fund serving every court whose program is administered	90452
by that board shall be paid to the board to cover the costs it	90453
incurs in administering those indigent drivers alcohol treatment	90454
programs.	90455

In addition, upon exhaustion of moneys in the indigent	90456
drivers interlock and alcohol monitoring fund for the use of an	90457
alcohol monitoring device, a county, juvenile, or municipal court	90458
judge may use moneys in the county indigent drivers alcohol	90459
treatment fund, county juvenile indigent drivers alcohol treatment	90460
fund, or municipal indigent drivers alcohol treatment fund in the	90461
following manners:	90462

(a) If the source of the moneys was an appropriation of the	90463
general assembly, a portion of a fee that was paid under division	90464
(F) of this section, a portion of a fine that was specified for	90465
deposit into the fund by section 4511.193 of the Revised Code, or	90466
a portion of a fine that was paid for a violation of section	90467
4511.19 of the Revised Code or of a provision contained in Chapter	90468
4510. of the Revised Code that was required to be deposited into	90469
the fund, to pay for the continued use of an alcohol monitoring	90470
device by an offender or juvenile traffic offender, in conjunction	90471
with a treatment program approved by the department of ~~alcohol and~~	90472
~~drug addiction services~~mental health and addiction services, when	90473
such use is determined clinically necessary by the treatment	90474
program and when the court determines that the offender or	90475
juvenile traffic offender is unable to pay all or part of the	90476
daily monitoring or cost of the device;	90477

(b) If the source of the moneys was a portion of an	90478
additional court cost imposed under section 2949.094 of the	90479
Revised Code, to pay for the continued use of an alcohol	90480
monitoring device by an offender or juvenile traffic offender when	90481
the court determines that the offender or juvenile traffic	90482
offender is unable to pay all or part of the daily monitoring or	90483
cost of the device. The moneys may be used for a device as	90484
described in this division if the use of the device is in	90485
conjunction with a treatment program approved by the department of	90486
~~alcohol and drug addiction services~~mental health and addiction	90487
services, when the use of the device is determined clinically	90488
necessary by the treatment program, but the use of a device is not	90489
required to be in conjunction with a treatment program approved by	90490
the department in order for the moneys to be used for the device	90491
as described in this division.	90492

(4) If a county, juvenile, or municipal court determines, in	90493
consultation with the alcohol and drug addiction services board or	90494
the board of alcohol, drug addiction, and mental health services	90495
established pursuant to section 340.02 or 340.021 of the Revised	90496
Code and serving the alcohol, drug addiction, and mental health	90497
district in which the court is located, that the funds in the	90498
county indigent drivers alcohol treatment fund, the county	90499
juvenile indigent drivers alcohol treatment fund, or the municipal	90500
indigent drivers alcohol treatment fund under the control of the	90501
court are more than sufficient to satisfy the purpose for which	90502
the fund was established, as specified in divisions (H)(1) to (3)	90503
of this section, the court may declare a surplus in the fund. If	90504
the court declares a surplus in the fund, the court may expend the	90505
amount of the surplus in the fund for:	90506

(a) Alcohol and drug abuse assessment and treatment of	90507
persons who are charged in the court with committing a criminal	90508
offense or with being a delinquent child or juvenile traffic	90509
offender and in relation to whom both of the following apply:	90510

(i) The court determines that substance abuse was a	90511
contributing factor leading to the criminal or delinquent activity	90512
or the juvenile traffic offense with which the person is charged.	90513

(ii) The court determines that the person is unable to pay	90514
the cost of the alcohol and drug abuse assessment and treatment	90515
for which the surplus money will be used.	90516

(b) All or part of the cost of purchasing alcohol monitoring	90517
devices to be used in conjunction with division (H)(3) of this	90518
section, upon exhaustion of moneys in the indigent drivers	90519
interlock and alcohol monitoring fund for the use of an alcohol	90520
monitoring device.	90521

(5) For the purpose of determining as described in division	90522
(F)(2)(c) of this section whether an offender does not have the	90523
means to pay for the offender's attendance at an alcohol and drug	90524
addiction treatment program or whether an alleged offender or	90525
delinquent child is unable to pay the costs specified in division	90526
(H)(4) of this section, the court shall use the indigent client	90527
eligibility guidelines and the standards of indigency established	90528
by the state public defender to make the determination.	90529

(6) The court shall identify and refer any ~~alcohol and drug~~	90530
community addiction ~~program~~services provider that is not	90531
certified under section ~~3793.06~~5119.36 of the Revised Code and	90532
that is interested in receiving amounts from the surplus in the	90533
fund declared under division (H)(4) of this section to the	90534
department of ~~alcohol and drug addiction services~~mental health	90535
and addiction services in order for the ~~program~~services provider	90536
to become a certified ~~alcohol and drug~~community addiction	90537
~~program~~services provider. The department shall keep a record of	90538
applicant referrals received pursuant to this division and shall	90539
submit a report on the referrals each year to the general	90540
assembly. If a ~~program~~services provider interested in becoming	90541
certified makes an application to become certified pursuant to	90542
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	90543
provider is eligible to receive surplus funds as long as the	90544
application is pending with the department. The department of	90545
~~alcohol and drug addiction services~~mental health and addiction	90546
services must offer technical assistance to the applicant. If the	90547
interested ~~program~~services provider withdraws the certification	90548
application, the department must notify the court, and the court	90549
shall not provide the interested ~~program~~services provider with	90550
any further surplus funds.	90551

(7)(a) Each alcohol and drug addiction services board and	90552
board of alcohol, drug addiction, and mental health services	90553
established pursuant to section 340.02 or 340.021 of the Revised	90554
Code shall submit to the department of ~~alcohol and drug addiction~~	90555
~~services~~mental health and addiction services an annual report for	90556
each indigent drivers alcohol treatment fund in that board's area.	90557

(b) The report, which shall be submitted not later than sixty	90558
days after the end of the state fiscal year, shall provide the	90559
total payment that was made from the fund, including the number of	90560
indigent consumers that received treatment services and the number	90561
of indigent consumers that received an alcohol monitoring device.	90562
The report shall identify the treatment program and expenditure	90563
for an alcohol monitoring device for which that payment was made.	90564
The report shall include the fiscal year balance of each indigent	90565
drivers alcohol treatment fund located in that board's area. In	90566
the event that a surplus is declared in the fund pursuant to	90567
division (H)(4) of this section, the report also shall provide the	90568
total payment that was made from the surplus moneys and identify	90569
the treatment program and expenditure for an alcohol monitoring	90570
device for which that payment was made. ~~The department may require~~	90571
~~additional information necessary to complete the comprehensive~~	90572
~~statewide alcohol and drug addiction services plan as required by~~	90573
~~section 3793.04 of the Revised Code.~~	90574

(c) If a board is unable to obtain adequate information to	90575
develop the report to submit to the department for a particular	90576
indigent drivers alcohol treatment fund, the board shall submit a	90577
report detailing the effort made in obtaining the information.	90578

(I)(1) Each county shall establish an indigent drivers	90579
interlock and alcohol monitoring fund and a juvenile indigent	90580
drivers interlock and alcohol treatment fund, and each municipal	90581
corporation in which there is a municipal court shall establish an	90582
indigent drivers interlock and alcohol monitoring fund. All	90583
revenue that the general assembly appropriates to the indigent	90584
drivers interlock and alcohol monitoring fund for transfer to a	90585
county indigent drivers interlock and alcohol monitoring fund, a	90586
county juvenile indigent drivers interlock and alcohol monitoring	90587
fund, or a municipal indigent drivers interlock and alcohol	90588
monitoring fund, all portions of license reinstatement fees that	90589
are paid under division (F)(2) of this section and that are	90590
credited under that division to the indigent drivers interlock and	90591
alcohol monitoring fund in the state treasury, and all portions of	90592
fines that are paid under division (G) of section 4511.19 of the	90593
Revised Code and that are credited by division (G)(5)(e) of that	90594
section to the indigent drivers interlock and alcohol monitoring	90595
fund in the state treasury shall be deposited in the appropriate	90596
fund in accordance with division (I)(2) of this section.	90597

(2) That portion of the license reinstatement fee that is	90598
paid under division (F) of this section and that portion of the	90599
fine paid under division (G) of section 4511.19 of the Revised	90600
Code and that is credited under either division to the indigent	90601
drivers interlock and alcohol monitoring fund shall be deposited	90602
into a county indigent drivers interlock and alcohol monitoring	90603
fund, a county juvenile indigent drivers interlock and alcohol	90604
monitoring fund, or a municipal indigent drivers interlock and	90605
alcohol monitoring fund as follows:	90606

(a) If the fee or fine is paid by a person who was charged in	90607
a county court with the violation that resulted in the suspension	90608
or fine, the portion shall be deposited into the county indigent	90609
drivers interlock and alcohol monitoring fund under the control of	90610
that court.	90611

(b) If the fee or fine is paid by a person who was charged in	90612
a juvenile court with the violation that resulted in the	90613
suspension or fine, the portion shall be deposited into the county	90614
juvenile indigent drivers interlock and alcohol monitoring fund	90615
established in the county served by the court.	90616

(c) If the fee or fine is paid by a person who was charged in	90617
a municipal court with the violation that resulted in the	90618
suspension, the portion shall be deposited into the municipal	90619
indigent drivers interlock and alcohol monitoring fund under the	90620
control of that court.	90621

Sec. 4511.21. (A) No person shall operate a motor vehicle,	90622
trackless trolley, or streetcar at a speed greater or less than is	90623
reasonable or proper, having due regard to the traffic, surface,	90624
and width of the street or highway and any other conditions, and	90625
no person shall drive any motor vehicle, trackless trolley, or	90626
streetcar in and upon any street or highway at a greater speed	90627
than will permit the person to bring it to a stop within the	90628
assured clear distance ahead.	90629

(B) It is prima-facie lawful, in the absence of a lower limit	90630
declared or established pursuant to this section by the director	90631
of transportation or local authorities, for the operator of a	90632
motor vehicle, trackless trolley, or streetcar to operate the same	90633
at a speed not exceeding the following:	90634

(1)(a) Twenty miles per hour in school zones during school	90635
recess and while children are going to or leaving school during	90636
the opening or closing hours, and when twenty miles per hour	90637
school speed limit signs are erected; except that, on	90638
controlled-access highways and expressways, if the right-of-way	90639
line fence has been erected without pedestrian opening, the speed	90640
shall be governed by division (B)(4) of this section and on	90641
freeways, if the right-of-way line fence has been erected without	90642
pedestrian opening, the speed shall be governed by divisions	90643
(B)(9) and (10) of this section. The end of every school zone may	90644
be marked by a sign indicating the end of the zone. Nothing in	90645
this section or in the manual and specifications for a uniform	90646
system of traffic control devices shall be construed to require	90647
school zones to be indicated by signs equipped with flashing or	90648
other lights, or giving other special notice of the hours in which	90649
the school zone speed limit is in effect.	90650

(b) As used in this section and in section 4511.212 of the	90651
Revised Code, "school" means any school chartered under section	90652
3301.16 of the Revised Code and any nonchartered school that	90653
during the preceding year filed with the department of education	90654
in compliance with rule 3301-35-08 of the Ohio Administrative	90655
Code, a copy of the school's report for the parents of the	90656
school's pupils certifying that the school meets Ohio minimum	90657
standards for nonchartered, nontax-supported schools and presents	90658
evidence of this filing to the jurisdiction from which it is	90659
requesting the establishment of a school zone. "School" also	90660
includes a special elementary school that in writing requests the	90661
county engineer of the county in which the special elementary	90662
school is located to create a school zone at the location of that	90663
school. Upon receipt of such a written request, the county	90664
engineer shall create a school zone at that location by erecting	90665
the appropriate signs.	90666

(c) As used in this section, "school zone" means that portion	90667
of a street or highway passing a school fronting upon the street	90668
or highway that is encompassed by projecting the school property	90669
lines to the fronting street or highway, and also includes that	90670
portion of a state highway. Upon request from local authorities	90671
for streets and highways under their jurisdiction and that portion	90672
of a state highway under the jurisdiction of the director of	90673
transportation or a request from a county engineer in the case of	90674
a school zone for a special elementary school, the director may	90675
extend the traditional school zone boundaries. The distances in	90676
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	90677
exceed three hundred feet per approach per direction and are	90678
bounded by whichever of the following distances or combinations	90679
thereof the director approves as most appropriate:	90680

(i) The distance encompassed by projecting the school	90681
building lines normal to the fronting highway and extending a	90682
distance of three hundred feet on each approach direction;	90683

(ii) The distance encompassed by projecting the school	90684
property lines intersecting the fronting highway and extending a	90685
distance of three hundred feet on each approach direction;	90686

(iii) The distance encompassed by the special marking of the	90687
pavement for a principal school pupil crosswalk plus a distance of	90688
three hundred feet on each approach direction of the highway.	90689

Nothing in this section shall be construed to invalidate the	90690
director's initial action on August 9, 1976, establishing all	90691
school zones at the traditional school zone boundaries defined by	90692
projecting school property lines, except when those boundaries are	90693
extended as provided in divisions (B)(1)(a) and (c) of this	90694
section.	90695

(d) As used in this division, "crosswalk" has the meaning	90696
given that term in division (LL)(2) of section 4511.01 of the	90697
Revised Code.	90698

The director may, upon request by resolution of the	90699
legislative authority of a municipal corporation, the board of	90700
trustees of a township, or a county board of developmental	90701
disabilities created pursuant to Chapter 5126. of the Revised	90702
Code, and upon submission by the municipal corporation, township,	90703
or county board of such engineering, traffic, and other	90704
information as the director considers necessary, designate a	90705
school zone on any portion of a state route lying within the	90706
municipal corporation, lying within the unincorporated territory	90707
of the township, or lying adjacent to the property of a school	90708
that is operated by such county board, that includes a crosswalk	90709
customarily used by children going to or leaving a school during	90710
recess and opening and closing hours, whenever the distance, as	90711
measured in a straight line, from the school property line nearest	90712
the crosswalk to the nearest point of the crosswalk is no more	90713
than one thousand three hundred twenty feet. Such a school zone	90714
shall include the distance encompassed by the crosswalk and	90715
extending three hundred feet on each approach direction of the	90716
state route.	90717

(e) As used in this section, "special elementary school"	90718
means a school that meets all of the following criteria:	90719

(i) It is not chartered and does not receive tax revenue from	90720
any source.	90721

(ii) It does not educate children beyond the eighth grade.

90722

(iii) It is located outside the limits of a municipal	90723
corporation.	90724

(iv) A majority of the total number of students enrolled at	90725
the school are not related by blood.	90726

(v) The principal or other person in charge of the special	90727
elementary school annually sends a report to the superintendent of	90728
the school district in which the special elementary school is	90729
located indicating the total number of students enrolled at the	90730
school, but otherwise the principal or other person in charge does	90731
not report any other information or data to the superintendent.	90732

(2) Twenty-five miles per hour in all other portions of a	90733
municipal corporation, except on state routes outside business	90734
districts, through highways outside business districts, and	90735
alleys;	90736

(3) Thirty-five miles per hour on all state routes or through	90737
highways within municipal corporations outside business districts,	90738
except as provided in divisions (B)(4) and (6) of this section;	90739

(4) Fifty miles per hour on controlled-access highways and	90740
expressways within municipal corporations;	90741

(5) Fifty-five miles per hour on highways outside municipal	90742
corporations, other than highways within island jurisdictions as	90743
provided in division (B)(8) of this section, highways as provided	90744
in division (B)(9) of this section, and freeways as provided in	90745
divisions (B)(12), (13), (14), (16), and (17) of this section;	90746

(6) Fifty miles per hour on state routes within municipal	90747
corporations outside urban districts unless a lower prima-facie	90748
speed is established as further provided in this section;	90749

(7) Fifteen miles per hour on all alleys within the municipal	90750
corporation;	90751

(8) Thirty-five miles per hour on highways outside municipal	90752
corporations that are within an island jurisdiction;	90753

(9) Sixty miles per hour on two-lane state routes outside	90754
municipal corporations as established by the director under	90755
division (H)(2) of this section.	90756

(10) Fifty-five miles per hour at all times on freeways with	90757
paved shoulders inside municipal corporations, other than freeways	90758
as provided in divisions (B)(12), (13), (14), (16), and (17) of	90759
this section;	90760

(11) Fifty-five miles per hour at all times on freeways	90761
outside municipal corporations, other than freeways as provided in	90762
divisions (B)(12), (13), (14), (16), and (17) of this section;	90763

(12) ~~Fifty-five~~Sixty miles per hour at all times on all	90764
portions of freeways that are not part of the interstate system,	90765
but are built to the standards and specifications that are	90766
applicable to freeways that are part of the interstate system and	90767
that had a speed limit of fifty-five miles per hour immediately	90768
prior to the effective date of this amendment, for operators of	90769
any motor vehicle weighing in excess of eight thousand pounds	90770
empty weight and any noncommercial bus;	90771

(13) ~~Fifty-five~~Sixty miles per hour for operators of any	90772
motor vehicle weighing eight thousand pounds or less empty weight	90773
and any commercial bus at all times on all portions of freeways	90774
that are not part of the interstate system, but are built to the	90775
standards and specifications that are applicable to freeways that	90776
are part of the interstate system and that had ~~such~~ a speed limit	90777
~~established~~of fifty-five miles per hour immediately prior to	90778
~~October 1, 1995, unless a higher speed limit is established under~~	90779
~~division (L)~~the effective date of this ~~section~~amendment;	90780

(14) ~~Sixty-five~~Seventy miles per hour for operators of any	90781
motor vehicle ~~weighing eight thousand pounds or less empty weight~~	90782
~~and any commercial bus~~ at all times on all portions of both of the	90783
following:	90784

(a) Freeways that are not part of the interstate system, but	90785
are built to the standards and specifications that are applicable	90786
to freeways that are part of the interstate system and that had	90787
~~such~~ a speed limit ~~established~~of sixty-five miles per hour	90788
immediately prior to ~~October 1, 1995~~the effective date of this	90789
amendment;	90790

(b) ~~Freeways that are not part of the interstate system but~~	90791
~~are built to the standards and specifications that are applicable~~	90792
~~to freeways that are part of the interstate system, and that had~~	90793
~~such a speed limit established under division (L) of this section;~~	90794

~~(c)~~ Rural, divided, multi-lane highways that are designated	90795
as part of the national highway system under the "National Highway	90796
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	90797
and that had ~~such~~ a speed limit ~~established under division (M)~~of	90798
sixty-five miles per hour immediately prior to the effective date	90799
of this ~~section~~amendment.	90800

(15) Fifty-five miles per hour for operators of any motor	90801
vehicle at all times on all portions of freeways in congested	90802
areas as determined by the director and that are part of the	90803
interstate system and are located within a municipal corporation	90804
or within an interstate freeway outerbelt;	90805

(16) Sixty-five miles per hour for operators of any motor	90806
vehicle at all times on all portions of freeways in urban areas as	90807
determined by the director and that are part of the interstate	90808
system and are part of an interstate freeway outerbelt;	90809

(17) Seventy miles per hour at all times on all portions of	90810
freeways that are part of the interstate system and are outside	90811
urbanized areas, as designated in accordance with 23 U.S.C. 101,	90812
for operators of all motor vehicles.	90813

(C) It is prima-facie unlawful for any person to exceed any	90814
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	90815
(6), (7), and (8) of this section, or any declared or established	90816
pursuant to this section by the director or local authorities and	90817
it is unlawful for any person to exceed any of the speed	90818
limitations in division (D) of this section. No person shall be	90819
convicted of more than one violation of this section for the same	90820
conduct, although violations of more than one provision of this	90821
section may be charged in the alternative in a single affidavit.	90822

(D) No person shall operate a motor vehicle, trackless	90823
trolley, or streetcar upon a street or highway as follows:	90824

(1) At a speed exceeding fifty-five miles per hour, except	90825
upon a two-lane state route as provided in division (B)(9) of this	90826
section and upon a freeway as provided in divisions (B)(12), (13),	90827
(14), (16), and (17) of this section;	90828

(2) At a speed exceeding sixty miles per hour upon a two-lane	90829
state route as provided in division (B)(9) of this section.and	90830
upon a freeway as provided in divisions (B)(12) and (13) of this	90831
section;	90832

(3) At a speed exceeding sixty-five miles per hour upon a	90833
freeway as provided in division (B)(16) of this section, except	90834
upon a freeway as provided in ~~division~~divisions (B)(14) and (17)	90835
of this section;	90836

(4) At a speed exceeding seventy miles per hour upon a	90837
freeway as provided in ~~division~~divisions (B)(14) and (17) of this	90838
section;	90839

(5) If a motor vehicle weighing in excess of eight thousand	90840
pounds empty weight or a noncommercial bus as prescribed in	90841
division (B)~~(11)~~(12) of this section, at a speed exceeding	90842
~~fifty-five~~sixty miles per hour, except upon a freeway as provided	90843
in divisions (B)(14), (16), and (17) of this section;	90844

(6) At a speed exceeding the posted speed limit upon a	90845
freeway for which the director has determined and declared a speed	90846
limit of not more than sixty-five miles per hour pursuant to	90847
division (L)(2) or (M) of this section;	90848

(7) At a speed exceeding sixty-five miles per hour upon a	90849
freeway for which such a speed limit has been established through	90850
the operation of division (L)(3) of this section;	90851

(8) At a speed exceeding the posted speed limit upon a	90852
freeway for which the director has determined and declared a speed	90853
limit pursuant to division (I)(2) of this section.	90854

(E) In every charge of violation of this section the	90855
affidavit and warrant shall specify the time, place, and speed at	90856
which the defendant is alleged to have driven, and in charges made	90857
in reliance upon division (C) of this section also the speed which	90858
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	90859
declared or established pursuant to, this section declares is	90860
prima-facie lawful at the time and place of such alleged	90861
violation, except that in affidavits where a person is alleged to	90862
have driven at a greater speed than will permit the person to	90863
bring the vehicle to a stop within the assured clear distance	90864
ahead the affidavit and warrant need not specify the speed at	90865
which the defendant is alleged to have driven.	90866

(F) When a speed in excess of both a prima-facie limitation	90867
and a limitation in division (D) of this section is alleged, the	90868
defendant shall be charged in a single affidavit, alleging a	90869
single act, with a violation indicated of both division (B)(1)(a),	90870
(2), (3), (4), (6), (7), or (8) of this section, or of a limit	90871
declared or established pursuant to this section by the director	90872
or local authorities, and of the limitation in division (D) of	90873
this section. If the court finds a violation of division	90874
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	90875
or established pursuant to, this section has occurred, it shall	90876
enter a judgment of conviction under such division and dismiss the	90877
charge under division (D) of this section. If it finds no	90878
violation of division (B)(1)(a), (2), (3), (4), (6), (7), or (8)	90879
of, or a limit declared or established pursuant to, this section,	90880
it shall then consider whether the evidence supports a conviction	90881
under division (D) of this section.	90882

(G) Points shall be assessed for violation of a limitation	90883
under division (D) of this section in accordance with section	90884
4510.036 of the Revised Code.	90885

(H)(1) Whenever the director determines upon the basis of a	90886
geometric and traffic characteristic study that any speed limit	90887
set forth in divisions (B)(1)(a) to (D) of this section is greater	90888
or less than is reasonable or safe under the conditions found to	90889
exist at any portion of a street or highway under the jurisdiction	90890
of the director, the director shall determine and declare a	90891
reasonable and safe prima-facie speed limit, which shall be	90892
effective when appropriate signs giving notice of it are erected	90893
at the location.	90894

(2) Whenever the director determines upon the basis of a	90895
geometric and traffic characteristic study that the speed limit of	90896
fifty-five miles per hour on a two-lane state route outside a	90897
municipal corporation is less than is reasonable or safe under the	90898
conditions found to exist at that portion of the state route, the	90899
director may determine and declare a speed limit of sixty miles	90900
per hour for that portion of the state route, which shall be	90901
effective when appropriate signs giving notice of it are erected	90902
at the location.	90903

(I)(1) Except as provided in divisions (I)(2) and (K) of this	90904
section, whenever local authorities determine upon the basis of an	90905
engineering and traffic investigation that the speed permitted by	90906
divisions (B)(1)(a) to (D) of this section, on any part of a	90907
highway under their jurisdiction, is greater than is reasonable	90908
and safe under the conditions found to exist at such location, the	90909
local authorities may by resolution request the director to	90910
determine and declare a reasonable and safe prima-facie speed	90911
limit. Upon receipt of such request the director may determine and	90912
declare a reasonable and safe prima-facie speed limit at such	90913
location, and if the director does so, then such declared speed	90914
limit shall become effective only when appropriate signs giving	90915
notice thereof are erected at such location by the local	90916
authorities. The director may withdraw the declaration of a	90917
prima-facie speed limit whenever in the director's opinion the	90918
altered prima-facie speed becomes unreasonable. Upon such	90919
withdrawal, the declared prima-facie speed shall become	90920
ineffective and the signs relating thereto shall be immediately	90921
removed by the local authorities.	90922

(2) A local authority may determine on the basis of a	90923
geometric and traffic characteristic study that the speed limit of	90924
sixty-five miles per hour on a portion of a freeway under its	90925
jurisdiction that was established through the operation of	90926
division (L)(3) of this section is greater than is reasonable or	90927
safe under the conditions found to exist at that portion of the	90928
freeway. If the local authority makes such a determination, the	90929
local authority by resolution may request the director to	90930
determine and declare a reasonable and safe speed limit of not	90931
less than fifty-five miles per hour for that portion of the	90932
freeway. If the director takes such action, the declared speed	90933
limit becomes effective only when appropriate signs giving notice	90934
of it are erected at such location by the local authority.	90935

(J) Local authorities in their respective jurisdictions may	90936
authorize by ordinance higher prima-facie speeds than those stated	90937
in this section upon through highways, or upon highways or	90938
portions thereof where there are no intersections, or between	90939
widely spaced intersections, provided signs are erected giving	90940
notice of the authorized speed, but local authorities shall not	90941
modify or alter the basic rule set forth in division (A) of this	90942
section or in any event authorize by ordinance a speed in excess	90943
of fifty miles per hour.	90944

Alteration of prima-facie limits on state routes by local	90945
authorities shall not be effective until the alteration has been	90946
approved by the director. The director may withdraw approval of	90947
any altered prima-facie speed limits whenever in the director's	90948
opinion any altered prima-facie speed becomes unreasonable, and	90949
upon such withdrawal, the altered prima-facie speed shall become	90950
ineffective and the signs relating thereto shall be immediately	90951
removed by the local authorities.	90952

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	90953
section, "unimproved highway" means a highway consisting of any of	90954
the following:	90955

(a) Unimproved earth;

90956

(b) Unimproved graded and drained earth;

90957

90958

(2) Except as otherwise provided in divisions (K)(4) and (5)	90959
of this section, whenever a board of township trustees determines	90960
upon the basis of an engineering and traffic investigation that	90961
the speed permitted by division (B)(5) of this section on any part	90962
of an unimproved highway under its jurisdiction and in the	90963
unincorporated territory of the township is greater than is	90964
reasonable or safe under the conditions found to exist at the	90965
location, the board may by resolution declare a reasonable and	90966
safe prima-facie speed limit of fifty-five but not less than	90967
twenty-five miles per hour. An altered speed limit adopted by a	90968
board of township trustees under this division becomes effective	90969
when appropriate traffic control devices, as prescribed in section	90970
4511.11 of the Revised Code, giving notice thereof are erected at	90971
the location, which shall be no sooner than sixty days after	90972
adoption of the resolution.	90973

(3)(a) Whenever, in the opinion of a board of township	90974
trustees, any altered prima-facie speed limit established by the	90975
board under this division becomes unreasonable, the board may	90976
adopt a resolution withdrawing the altered prima-facie speed	90977
limit. Upon the adoption of such a resolution, the altered	90978
prima-facie speed limit becomes ineffective and the traffic	90979
control devices relating thereto shall be immediately removed.	90980

(b) Whenever a highway ceases to be an unimproved highway and	90981
the board has adopted an altered prima-facie speed limit pursuant	90982
to division (K)(2) of this section, the board shall, by	90983
resolution, withdraw the altered prima-facie speed limit as soon	90984
as the highway ceases to be unimproved. Upon the adoption of such	90985
a resolution, the altered prima-facie speed limit becomes	90986
ineffective and the traffic control devices relating thereto shall	90987
be immediately removed.	90988

(4)(a) If the boundary of two townships rests on the	90989
centerline of an unimproved highway in unincorporated territory	90990
and both townships have jurisdiction over the highway, neither of	90991
the boards of township trustees of such townships may declare an	90992
altered prima-facie speed limit pursuant to division (K)(2) of	90993
this section on the part of the highway under their joint	90994
jurisdiction unless the boards of township trustees of both of the	90995
townships determine, upon the basis of an engineering and traffic	90996
investigation, that the speed permitted by division (B)(5) of this	90997
section is greater than is reasonable or safe under the conditions	90998
found to exist at the location and both boards agree upon a	90999
reasonable and safe prima-facie speed limit of less than	91000
fifty-five but not less than twenty-five miles per hour for that	91001
location. If both boards so agree, each shall follow the procedure	91002
specified in division (K)(2) of this section for altering the	91003
prima-facie speed limit on the highway. Except as otherwise	91004
provided in division (K)(4)(b) of this section, no speed limit	91005
altered pursuant to division (K)(4)(a) of this section may be	91006
withdrawn unless the boards of township trustees of both townships	91007
determine that the altered prima-facie speed limit previously	91008
adopted becomes unreasonable and each board adopts a resolution	91009
withdrawing the altered prima-facie speed limit pursuant to the	91010
procedure specified in division (K)(3)(a) of this section.	91011

(b) Whenever a highway described in division (K)(4)(a) of	91012
this section ceases to be an unimproved highway and two boards of	91013
township trustees have adopted an altered prima-facie speed limit	91014
pursuant to division (K)(4)(a) of this section, both boards shall,	91015
by resolution, withdraw the altered prima-facie speed limit as	91016
soon as the highway ceases to be unimproved. Upon the adoption of	91017
the resolution, the altered prima-facie speed limit becomes	91018
ineffective and the traffic control devices relating thereto shall	91019
be immediately removed.	91020

(5) As used in division (K)(5) of this section:

91021

(a) "Commercial subdivision" means any platted territory	91022
outside the limits of a municipal corporation and fronting a	91023
highway where, for a distance of three hundred feet or more, the	91024
frontage is improved with buildings in use for commercial	91025
purposes, or where the entire length of the highway is less than	91026
three hundred feet long and the frontage is improved with	91027
buildings in use for commercial purposes.	91028

(b) "Residential subdivision" means any platted territory	91029
outside the limits of a municipal corporation and fronting a	91030
highway, where, for a distance of three hundred feet or more, the	91031
frontage is improved with residences or residences and buildings	91032
in use for business, or where the entire length of the highway is	91033
less than three hundred feet long and the frontage is improved	91034
with residences or residences and buildings in use for business.	91035

Whenever a board of township trustees finds upon the basis of	91036
an engineering and traffic investigation that the prima-facie	91037
speed permitted by division (B)(5) of this section on any part of	91038
a highway under its jurisdiction that is located in a commercial	91039
or residential subdivision, except on highways or portions thereof	91040
at the entrances to which vehicular traffic from the majority of	91041
intersecting highways is required to yield the right-of-way to	91042
vehicles on such highways in obedience to stop or yield signs or	91043
traffic control signals, is greater than is reasonable and safe	91044
under the conditions found to exist at the location, the board may	91045
by resolution declare a reasonable and safe prima-facie speed	91046
limit of less than fifty-five but not less than twenty-five miles	91047
per hour at the location. An altered speed limit adopted by a	91048
board of township trustees under this division shall become	91049
effective when appropriate signs giving notice thereof are erected	91050
at the location by the township. Whenever, in the opinion of a	91051
board of township trustees, any altered prima-facie speed limit	91052
established by it under this division becomes unreasonable, it may	91053
adopt a resolution withdrawing the altered prima-facie speed, and	91054
upon such withdrawal, the altered prima-facie speed shall become	91055
ineffective, and the signs relating thereto shall be immediately	91056
removed by the township.	91057

(L)(1) Within one hundred twenty days of February 29, 1996,	91058
the director of transportation, based upon a geometric and traffic	91059
characteristic study of a freeway that is part of the interstate	91060
system or that is not part of the interstate system, but is built	91061
to the standards and specifications that are applicable to	91062
freeways that are part of the interstate system, in consultation	91063
with the director of public safety and, if applicable, the local	91064
authority having jurisdiction over a portion of such freeway, may	91065
determine and declare that the speed limit of less than sixty-five	91066
miles per hour established on such freeway or portion of freeway	91067
either is reasonable and safe or is less than that which is	91068
reasonable and safe.	91069

(2) If the established speed limit for such a freeway or	91070
portion of freeway is determined to be less than that which is	91071
reasonable and safe, the director of transportation, in	91072
consultation with the director of public safety and, if	91073
applicable, the local authority having jurisdiction over the	91074
portion of freeway, shall determine and declare a reasonable and	91075
safe speed limit of not more than sixty-five miles per hour for	91076
that freeway or portion of freeway.	91077

The director of transportation or local authority having	91078
jurisdiction over the freeway or portion of freeway shall erect	91079
appropriate signs giving notice of the speed limit at such	91080
location within one hundred fifty days of February 29, 1996. Such	91081
speed limit becomes effective only when such signs are erected at	91082
the location.	91083

(3) If, within one hundred twenty days of February 29, 1996,	91084
the director of transportation does not make a determination and	91085
declaration of a reasonable and safe speed limit for a freeway or	91086
portion of freeway that is part of the interstate system or that	91087
is not part of the interstate system, but is built to the	91088
standards and specifications that are applicable to freeways that	91089
are part of the interstate system and that has a speed limit of	91090
less than sixty-five miles per hour, the speed limit on that	91091
freeway or portion of a freeway shall be sixty-five miles per	91092
hour. The director of transportation or local authority having	91093
jurisdiction over the freeway or portion of the freeway shall	91094
erect appropriate signs giving notice of the speed limit of	91095
sixty-five miles per hour at such location within one hundred	91096
fifty days of February 29, 1996. Such speed limit becomes	91097
effective only when such signs are erected at the location. A	91098
speed limit established through the operation of division (L)(3)	91099
of this section is subject to reduction under division (I)(2) of	91100
this section.	91101

(M) Within three hundred sixty days after February 29, 1996,	91102
the director of transportation, based upon a geometric and traffic	91103
characteristic study of a rural, divided, multi-lane highway that	91104
has been designated as part of the national highway system under	91105
the "National Highway System Designation Act of 1995," 109 Stat.	91106
568, 23 U.S.C.A. 103, in consultation with the director of public	91107
safety and, if applicable, the local authority having jurisdiction	91108
over a portion of the highway, may determine and declare that the	91109
speed limit of less than sixty-five miles per hour established on	91110
the highway or portion of highway either is reasonable and safe or	91111
is less than that which is reasonable and safe.	91112

If the established speed limit for the highway or portion of	91113
highway is determined to be less than that which is reasonable and	91114
safe, the director of transportation, in consultation with the	91115
director of public safety and, if applicable, the local authority	91116
having jurisdiction over the portion of highway, shall determine	91117
and declare a reasonable and safe speed limit of not more than	91118
sixty-five miles per hour for that highway or portion of highway.	91119
The director of transportation or local authority having	91120
jurisdiction over the highway or portion of highway shall erect	91121
appropriate signs giving notice of the speed limit at such	91122
location within three hundred ninety days after February 29, 1996.	91123
The speed limit becomes effective only when such signs are erected	91124
at the location.	91125

(N)(1)(a) If the boundary of two local authorities rests on	91126
the centerline of a highway and both authorities have jurisdiction	91127
over the highway, the speed limit for the part of the highway	91128
within their joint jurisdiction shall be either one of the	91129
following as agreed to by both authorities:	91130

(i) Either prima-facie speed limit permitted by division (B)	91131
of this section;	91132

(ii) An altered speed limit determined and posted in	91133
accordance with this section.	91134

(b) If the local authorities are unable to reach an	91135
agreement, the speed limit shall remain as established and posted	91136
under this section.	91137

(2) Neither local authority may declare an altered	91138
prima-facie speed limit pursuant to this section on the part of	91139
the highway under their joint jurisdiction unless both of the	91140
local authorities determine, upon the basis of an engineering and	91141
traffic investigation, that the speed permitted by this section is	91142
greater than is reasonable or safe under the conditions found to	91143
exist at the location and both authorities agree upon a uniform	91144
reasonable and safe prima-facie speed limit of less than	91145
fifty-five but not less than twenty-five miles per hour for that	91146
location. If both authorities so agree, each shall follow the	91147
procedure specified in this section for altering the prima-facie	91148
speed limit on the highway, and the speed limit for the part of	91149
the highway within their joint jurisdiction shall be uniformly	91150
altered. No altered speed limit may be withdrawn unless both local	91151
authorities determine that the altered prima-facie speed limit	91152
previously adopted becomes unreasonable and each adopts a	91153
resolution withdrawing the altered prima-facie speed limit	91154
pursuant to the procedure specified in this section.	91155

(O) As used in this section:

91156

(1) "Interstate system" has the same meaning as in 23	91157
U.S.C.A. 101.	91158

(2) "Commercial bus" means a motor vehicle designed for	91159
carrying more than nine passengers and used for the transportation	91160
of persons for compensation.	91161

(3) "Noncommercial bus" includes but is not limited to a	91162
school bus or a motor vehicle operated solely for the	91163
transportation of persons associated with a charitable or	91164
nonprofit organization.	91165

(4) "Outerbelt" means a portion of a freeway that is part of	91166
the interstate system and is located in the outer vicinity of a	91167
major municipal corporation or group of municipal corporations, as	91168
designated by the director.	91169

(P)(1) A violation of any provision of this section is one of	91170
the following:	91171

(a) Except as otherwise provided in divisions (P)(1)(b),	91172
(1)(c), (2), and (3) of this section, a minor misdemeanor;	91173

(b) If, within one year of the offense, the offender	91174
previously has been convicted of or pleaded guilty to two	91175
violations of any provision of this section or of any provision of	91176
a municipal ordinance that is substantially similar to any	91177
provision of this section, a misdemeanor of the fourth degree;	91178

(c) If, within one year of the offense, the offender	91179
previously has been convicted of or pleaded guilty to three or	91180
more violations of any provision of this section or of any	91181
provision of a municipal ordinance that is substantially similar	91182
to any provision of this section, a misdemeanor of the third	91183
degree.	91184

(2) If the offender has not previously been convicted of or	91185
pleaded guilty to a violation of any provision of this section or	91186
of any provision of a municipal ordinance that is substantially	91187
similar to this section and operated a motor vehicle faster than	91188
thirty-five miles an hour in a business district of a municipal	91189
corporation, faster than fifty miles an hour in other portions of	91190
a municipal corporation, or faster than thirty-five miles an hour	91191
in a school zone during recess or while children are going to or	91192
leaving school during the school's opening or closing hours, a	91193
misdemeanor of the fourth degree.	91194

(3) Notwithstanding division (P)(1) of this section, if the	91195
offender operated a motor vehicle in a construction zone where a	91196
sign was then posted in accordance with section 4511.98 of the	91197
Revised Code, the court, in addition to all other penalties	91198
provided by law, shall impose upon the offender a fine of two	91199
times the usual amount imposed for the violation. No court shall	91200
impose a fine of two times the usual amount imposed for the	91201
violation upon an offender if the offender alleges, in an	91202
affidavit filed with the court prior to the offender's sentencing,	91203
that the offender is indigent and is unable to pay the fine	91204
imposed pursuant to this division and if the court determines that	91205
the offender is an indigent person and unable to pay the fine.	91206

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	91207
roadway where there is an adjacent curb shall be stopped or parked	91208
with the right-hand wheels of the vehicle parallel with and not	91209
more than twelve inches from the right-hand curb, unless it is	91210
impossible to approach so close to the curb; in such case the stop	91211
shall be made as close to the curb as possible and only for the	91212
time necessary to discharge and receive passengers or to load or	91213
unload merchandise. Local authorities by ordinance may permit	91214
angle parking on any roadway under their jurisdiction, except that	91215
angle parking shall not be permitted on a state route within a	91216
municipal corporation unless an unoccupied roadway width of not	91217
less than twenty-five feet is available for free-moving traffic.	91218

(B) Local authorities by ordinance may permit parking of	91219
vehicles with the left-hand wheels adjacent to and within twelve	91220
inches of the left-hand curb of a one-way roadway.	91221

(C)(1)(a) Except as provided in division (C)~~(2)~~(1)(b) of this	91222
section, no vehicle or trackless trolley shall be stopped or	91223
parked on a road or highway with the vehicle or trackless trolley	91224
facing in a direction other than the direction of travel on that	91225
side of the road or highway.	91226

~~(2)~~(b) The operator of a motorcycle may back the motorcycle	91227
into an angled parking space so that when the motorcycle is parked	91228
it is facing in a direction other than the direction of travel on	91229
the side of the road or highway.	91230

(2) The operator of a motorcycle may back the motorcycle into	91231
a parking space that is located on the side of, and parallel to, a	91232
road or highway. The motorcycle may face any direction when so	91233
parked. Not more than two motorcycles at a time shall be parked in	91234
a parking space as described in division (C)(2) of this section	91235
irrespective of whether or not the space is metered.	91236

(D) Notwithstanding any statute or any rule, resolution, or	91237
ordinance adopted by any local authority, air compressors,	91238
tractors, trucks, and other equipment, while being used in the	91239
construction, reconstruction, installation, repair, or removal of	91240
facilities near, on, over, or under a street or highway, may stop,	91241
stand, or park where necessary in order to perform such work,	91242
provided a flagperson is on duty or warning signs or lights are	91243
displayed as may be prescribed by the director of transportation.	91244

(E) Special parking locations and privileges for persons with	91245
disabilities that limit or impair the ability to walk, also known	91246
as handicapped parking spaces or disability parking spaces, shall	91247
be provided and designated by all political subdivisions and by	91248
the state and all agencies and instrumentalities thereof at all	91249
offices and facilities, where parking is provided, whether owned,	91250
rented, or leased, and at all publicly owned parking garages. The	91251
locations shall be designated through the posting of an elevated	91252
sign, whether permanently affixed or movable, imprinted with the	91253
international symbol of access and shall be reasonably close to	91254
exits, entrances, elevators, and ramps. All elevated signs posted	91255
in accordance with this division and division (C) of section	91256
3781.111 of the Revised Code shall be mounted on a fixed or	91257
movable post, and the distance from the ground to the bottom edge	91258
of the sign shall measure not less than five feet. If a new sign	91259
or a replacement sign designating a special parking location is	91260
posted on or after October 14, 1999, there also shall be affixed	91261
upon the surface of that sign or affixed next to the designating	91262
sign a notice that states the fine applicable for the offense of	91263
parking a motor vehicle in the special designated parking location	91264
if the motor vehicle is not legally entitled to be parked in that	91265
location.	91266

(F)(1) No person shall stop, stand, or park any motor vehicle	91267
at special parking locations provided under division (E) of this	91268
section or at special clearly marked parking locations provided in	91269
or on privately owned parking lots, parking garages, or other	91270
parking areas and designated in accordance with that division,	91271
unless one of the following applies:	91272

(a) The motor vehicle is being operated by or for the	91273
transport of a person with a disability that limits or impairs the	91274
ability to walk and is displaying a valid removable windshield	91275
placard or special license plates;	91276

(b) The motor vehicle is being operated by or for the	91277
transport of a handicapped person and is displaying a parking card	91278
or special handicapped license plates.	91279

(2) Any motor vehicle that is parked in a special marked	91280
parking location in violation of division (F)(1)(a) or (b) of this	91281
section may be towed or otherwise removed from the parking	91282
location by the law enforcement agency of the political	91283
subdivision in which the parking location is located. A motor	91284
vehicle that is so towed or removed shall not be released to its	91285
owner until the owner presents proof of ownership of the motor	91286
vehicle and pays all towing and storage fees normally imposed by	91287
that political subdivision for towing and storing motor vehicles.	91288
If the motor vehicle is a leased vehicle, it shall not be released	91289
to the lessee until the lessee presents proof that that person is	91290
the lessee of the motor vehicle and pays all towing and storage	91291
fees normally imposed by that political subdivision for towing and	91292
storing motor vehicles.	91293

(3) If a person is charged with a violation of division	91294
(F)(1)(a) or (b) of this section, it is an affirmative defense to	91295
the charge that the person suffered an injury not more than	91296
seventy-two hours prior to the time the person was issued the	91297
ticket or citation and that, because of the injury, the person	91298
meets at least one of the criteria contained in division (A)(1) of	91299
section 4503.44 of the Revised Code.	91300

(G) When a motor vehicle is being operated by or for the	91301
transport of a person with a disability that limits or impairs the	91302
ability to walk and is displaying a removable windshield placard	91303
or a temporary removable windshield placard or special license	91304
plates, or when a motor vehicle is being operated by or for the	91305
transport of a handicapped person and is displaying a parking card	91306
or special handicapped license plates, the motor vehicle is	91307
permitted to park for a period of two hours in excess of the legal	91308
parking period permitted by local authorities, except where local	91309
ordinances or police rules provide otherwise or where the vehicle	91310
is parked in such a manner as to be clearly a traffic hazard.	91311

(H) No owner of an office, facility, or parking garage where	91312
special parking locations are required to be designated in	91313
accordance with division (E) of this section shall fail to	91314
properly mark the special parking locations in accordance with	91315
that division or fail to maintain the markings of the special	91316
locations, including the erection and maintenance of the fixed or	91317
movable signs.	91318

(I) Nothing in this section shall be construed to require a	91319
person or organization to apply for a removable windshield placard	91320
or special license plates if the parking card or special license	91321
plates issued to the person or organization under prior law have	91322
not expired or been surrendered or revoked.	91323

(J)(1) Whoever violates division (A) or (C) of this section	91324
is guilty of a minor misdemeanor.	91325

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	91326
section is guilty of a misdemeanor and shall be punished as	91327
provided in division (J)(2)(a) and (b) of this section. Except as	91328
otherwise provided in division (J)(2)(a) of this section, an	91329
offender who violates division (F)(1)(a) or (b) of this section	91330
shall be fined not less than two hundred fifty nor more than five	91331
hundred dollars. An offender who violates division (F)(1)(a) or	91332
(b) of this section shall be fined not more than one hundred	91333
dollars if the offender, prior to sentencing, proves either of the	91334
following to the satisfaction of the court:	91335

(i) At the time of the violation of division (F)(1)(a) of	91336
this section, the offender or the person for whose transport the	91337
motor vehicle was being operated had been issued a removable	91338
windshield placard that then was valid or special license plates	91339
that then were valid but the offender or the person neglected to	91340
display the placard or license plates as described in division	91341
(F)(1)(a) of this section.	91342

(ii) At the time of the violation of division (F)(1)(b) of	91343
this section, the offender or the person for whose transport the	91344
motor vehicle was being operated had been issued a parking card	91345
that then was valid or special handicapped license plates that	91346
then were valid but the offender or the person neglected to	91347
display the card or license plates as described in division	91348
(F)(1)(b) of this section.	91349

(b) In no case shall an offender who violates division	91350
(F)(1)(a) or (b) of this section be sentenced to any term of	91351
imprisonment.	91352

An arrest or conviction for a violation of division (F)(1)(a)	91353
or (b) of this section does not constitute a criminal record and	91354
need not be reported by the person so arrested or convicted in	91355
response to any inquiries contained in any application for	91356
employment, license, or other right or privilege, or made in	91357
connection with the person's appearance as a witness.	91358

The clerk of the court shall pay every fine collected under	91359
division (J)(2) of this section to the political subdivision in	91360
which the violation occurred. Except as provided in division	91361
(J)(2) of this section, the political subdivision shall use the	91362
fine moneys it receives under division (J)(2) of this section to	91363
pay the expenses it incurs in complying with the signage and	91364
notice requirements contained in division (E) of this section. The	91365
political subdivision may use up to fifty per cent of each fine it	91366
receives under division (J)(2) of this section to pay the costs of	91367
educational, advocacy, support, and assistive technology programs	91368
for persons with disabilities, and for public improvements within	91369
the political subdivision that benefit or assist persons with	91370
disabilities, if governmental agencies or nonprofit organizations	91371
offer the programs.	91372

(3) Whoever violates division (H) of this section shall be	91373
punished as follows:	91374

(a) Except as otherwise provided in division (J)(3) of this	91375
section, the offender shall be issued a warning.	91376

(b) If the offender previously has been convicted of or	91377
pleaded guilty to a violation of division (H) of this section or	91378
of a municipal ordinance that is substantially similar to that	91379
division, the offender shall not be issued a warning but shall be	91380
fined not more than twenty-five dollars for each parking location	91381
that is not properly marked or whose markings are not properly	91382
maintained.	91383

(K) As used in this section:

91384

(1) "Handicapped person" means any person who has lost the	91385
use of one or both legs or one or both arms, who is blind, deaf,	91386
or so severely handicapped as to be unable to move without the aid	91387
of crutches or a wheelchair, or whose mobility is restricted by a	91388
permanent cardiovascular, pulmonary, or other handicapping	91389
condition.	91390

(2) "Person with a disability that limits or impairs the	91391
ability to walk" has the same meaning as in section 4503.44 of the	91392
Revised Code.	91393

(3) "Special license plates" and "removable windshield	91394
placard" mean any license plates or removable windshield placard	91395
or temporary removable windshield placard issued under section	91396
4503.41 or 4503.44 of the Revised Code, and also mean any	91397
substantially similar license plates or removable windshield	91398
placard or temporary removable windshield placard issued by a	91399
state, district, country, or sovereignty.	91400

Sec. 4511.85. (A) The operator of a chauffeured limousine	91401
shall accept passengers only on the basis of prearranged	91402
contracts, as defined in division (LL) of section 4501.01 of the	91403
Revised Code, and shall not cruise in search of patronage unless	91404
the limousine is in compliance with any statute or ordinance	91405
governing the operation of taxicabs or other similar vehicles for	91406
hire.	91407

(B) The operator of a chauffeured limousine may provide	91408
transportation to passengers who arrange for the transportation	91409
through an intermediary, including a digital dispatching service.	91410
Notwithstanding any law to the contrary, when providing	91411
transportation arranged through an intermediary, the operator of a	91412
chauffeured limousine may establish the fare and method of fare	91413
calculation, so long as the method of fare calculation is provided	91414
to the passenger upon request.	91415

(C) No person shall advertise or hold self out as doing	91416
business as a limousine service or livery service or other similar	91417
designation unless each vehicle used by the person to provide the	91418
service is registered in accordance with section 4503.24 of the	91419
Revised Code and is in compliance with section 4509.80 of the	91420
Revised Code.	91421

~~(C)~~(D) Whoever violates this section is guilty of a	91422
misdemeanor of the first degree.	91423

Sec. 4513.34. (A)(1) The director of transportation with	91424
respect to all highways that are a part of the state highway	91425
system and local authorities with respect to highways under their	91426
jurisdiction, upon application in writing, shall issue a special	91427
regional heavy hauling permit authorizing the applicant to operate	91428
or move a vehicle or combination of vehicles as follows:	91429

(a) At a size or weight of vehicle or load exceeding the	91430
maximum specified in sections 5577.01 to 5577.09 of the Revised	91431
Code, or otherwise not in conformity with sections 4513.01 to	91432
4513.37 of the Revised Code;	91433

(b) Upon any highway under the jurisdiction of the authority	91434
granting the permit except those highways with a condition	91435
insufficient to bear the weight of the vehicle or combination of	91436
vehicles as stated in the application;	91437

(c) For regional trips at distances of one hundred fifty	91438
miles or less from a facility stated on the application as the	91439
applicant's point of origin.	91440

Issuance of a special regional heavy hauling permit is	91441
subject to the payment of a fee established by the director or	91442
local authority in accordance with this section.	91443

(2) In circumstances where a person is not eligible to	91444
receive a permit under division (A)(1) of this section, the	91445
director of transportation with respect to all highways that are a	91446
part of the state highway system and local authorities with	91447
respect to highways under their jurisdiction, upon application in	91448
writing and for good cause shown, may issue a special permit in	91449
writing authorizing the applicant to operate or move a vehicle or	91450
combination of vehicles of a size or weight of vehicle or load	91451
exceeding the maximum specified in sections 5577.01 to 5577.09 of	91452
the Revised Code, or otherwise not in conformity with sections	91453
4513.01 to 4513.37 of the Revised Code, upon any highway under the	91454
jurisdiction of the authority granting the permit.	91455

(3) For purposes of this section, the director may designate	91456
certain state highways or portions of state highways as special	91457
economic development highways. If an application submitted to the	91458
director under this section involves travel of a nonconforming	91459
vehicle or combination of vehicles upon a special economic	91460
development highway, the director, in determining whether good	91461
cause has been shown that issuance of a permit is justified, shall	91462
consider the effect the travel of the vehicle or combination of	91463
vehicles will have on the economic development in the area in	91464
which the designated highway or portion of highway is located.	91465

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	91466
Code, the holder of a permit issued by the director under this	91467
section may move the vehicle or combination of vehicles described	91468
in the permit on any highway that is a part of the state highway	91469
system when the movement is partly within and partly without the	91470
corporate limits of a municipal corporation. No local authority	91471
shall require any other permit or license or charge any license	91472
fee or other charge against the holder of a permit for the	91473
movement of a vehicle or combination of vehicles on any highway	91474
that is a part of the state highway system. The director shall not	91475
require the holder of a permit issued by a local authority to	91476
obtain a special permit for the movement of vehicles or	91477
combination of vehicles on highways within the jurisdiction of the	91478
local authority. Permits may be issued for any period of time not	91479
to exceed one year, as the director in the director's discretion	91480
or a local authority in its discretion determines advisable, or	91481
for the duration of any public construction project.	91482

(C)(1) The application for a permit issued under this section	91483
shall be in the form that the director or local authority	91484
prescribes. The director or local authority may prescribe a permit	91485
fee to be imposed and collected when any permit described in this	91486
section is issued. The permit fee may be in an amount sufficient	91487
to reimburse the director or local authority for the	91488
administrative costs incurred in issuing the permit, and also to	91489
cover the cost of the normal and expected damage caused to the	91490
roadway or a street or highway structure as the result of the	91491
operation of the nonconforming vehicle or combination of vehicles.	91492
The director, in accordance with Chapter 119. of the Revised Code,	91493
shall establish a schedule of fees for permits issued by the	91494
director under this section; however, the fee to operate a triple	91495
trailer unit, at locations authorized under federal law, shall be	91496
one hundred dollars.	91497

(2) For the purposes of this section and of rules adopted by	91498
the director under this section, milk transported in bulk by	91499
vehicle is deemed a nondivisible load.	91500

(3) For purposes of this section and of rules adopted by the	91501
director under this section, three or fewer aluminum coils,	91502
transported by a vehicle, are deemed a nondivisible load. The	91503
director shall adopt rules establishing requirements for an	91504
aluminum coil permit that are substantially similar to the	91505
requirements for a steel coil permit under Chapter 5501:2-1 of the	91506
Administrative Code.	91507

(D) The director or a local authority shall issue a special	91508
regional heavy hauling permit under division (A)(1) of this	91509
section upon application and payment of the applicable fee.	91510
However, the director or local authority may issue or withhold a	91511
special permit specified in division (A)(2) of this section. If a	91512
permit is to be issued, the director or local authority may limit	91513
or prescribe conditions of operation for the vehicle and may	91514
require the posting of a bond or other security conditioned upon	91515
the sufficiency of the permit fee to compensate for damage caused	91516
to the roadway or a street or highway structure. In addition, a	91517
local authority, as a condition of issuance of an overweight	91518
permit, may require the applicant to develop and enter into a	91519
mutual agreement with the local authority to compensate for or to	91520
repair excess damage caused to the roadway by travel under the	91521
permit.	91522

For a permit that will allow travel of a nonconforming	91523
vehicle or combination of vehicles on a special economic	91524
development highway, the director, as a condition of issuance, may	91525
require the applicant to agree to make periodic payments to the	91526
department to compensate for damage caused to the roadway by	91527
travel under the permit.	91528

(E) Every permit issued under this section shall be carried	91529
in the vehicle or combination of vehicles to which it refers and	91530
shall be open to inspection by any police officer or authorized	91531
agent of any authority granting the permit. No person shall	91532
violate any of the terms of a permit.	91533

(F) The director may debar an applicant from applying for a	91534
permit under this section upon a finding based on a reasonable	91535
belief that the applicant has done any of the following:	91536

(1) Abused the process by repeatedly submitting false	91537
information or false travel plans or by using another company or	91538
individual's name, insurance, or escrow account without proper	91539
authorization;	91540

(2) Failed to comply with or substantially perform under a	91541
previously issued permit according to its terms, conditions, and	91542
specifications within specified time limits;	91543

(3) Failed to cooperate in the application process for the	91544
permit or in any other procedures that are related to the issuance	91545
of the permit by refusing to provide information or documents	91546
required in a permit or by failing to respond to and correct	91547
matters related to the permit;	91548

(4) Accumulated repeated justified complaints regarding	91549
performance under a permit that was previously issued to the	91550
applicant or previously failed to obtain a permit when such a	91551
permit was required;	91552

(5) Attempted to influence a public employee to breach	91553
ethical conduct standards;	91554

(6) Been convicted of a criminal offense related to the	91555
application for, or performance under, a permit, including, but	91556
not limited to, bribery, falsification, fraud or destruction of	91557
records, receiving stolen property, and any other offense that	91558
directly reflects on the applicant's integrity or commercial	91559
driver's license;	91560

(7) Accumulated repeated convictions under a state or federal	91561
safety law governing commercial motor vehicles or a rule or	91562
regulation adopted under such a law;	91563

(8) Accumulated repeated convictions under a law, rule, or	91564
regulation governing the movement of traffic over the public	91565
streets and highways;	91566

(9) Failed to pay any fees associated with any permitted	91567
operation or move;	91568

(10) Deliberately or willfully submitted false or misleading	91569
information in connection with the application for, or performance	91570
under, a permit issued under this section.	91571

If the applicant is a partnership, association, or	91572
corporation, the director also may debar from consideration for	91573
permits any partner of the partnership, or the officers,	91574
directors, or employees of the association or corporation being	91575
debarred.	91576

The director may adopt rules in accordance with Chapter 119.	91577
of the Revised Code governing the debarment of an applicant.	91578

(G) When the director reasonably believes that grounds for	91579
debarment exist, the director shall send the person that is	91580
subject to debarment a notice of the proposed debarment. A notice	91581
of proposed debarment shall indicate the grounds for the debarment	91582
of the person and the procedure for requesting a hearing. The	91583
notice and hearing shall be in accordance with Chapter 119. of the	91584
Revised Code. If the person does not respond with a request for a	91585
hearing in the manner specified in that chapter, the director	91586
shall issue the debarment decision without a hearing and shall	91587
notify the person of the decision by certified mail, return	91588
receipt requested. The debarment period may be of any length	91589
determined by the director, and the director may modify or rescind	91590
the debarment at any time. During the period of debarment, the	91591
director shall not issue, or consider issuing, a permit under this	91592
section to any partnership, association, or corporation that is	91593
affiliated with a debarred person. After the debarment period	91594
expires, the person, and any partnership, association, or	91595
corporation affiliated with the person, may reapply for a permit.	91596

(H)(1) No person shall violate the terms of a permit issued	91597
under this section that relate to gross load limits.	91598

(2) No person shall violate the terms of a permit issued	91599
under this section that relate to axle load by more than two	91600
thousand pounds per axle or group of axles.	91601

(3) No person shall violate the terms of a permit issued	91602
under this section that relate to an approved route except upon	91603
order of a law enforcement officer or authorized agent of the	91604
issuing authority.	91605

(I) Whoever violates division (H) of this section shall be	91606
punished as provided in section 4513.99 of the Revised Code.	91607

(J) A permit issued by the department of transportation or a	91608
local authority under this section for the operation of a vehicle	91609
or combination of vehicles is valid for the purposes of the	91610
vehicle operation in accordance with the conditions and	91611
limitations specified on the permit. Such a permit is voidable by	91612
law enforcement only for operation of a vehicle or combination of	91613
vehicles in violation of the weight, dimension, or route	91614
provisions of the permit. However, a permit is not voidable for	91615
operation in violation of a route provision of a permit if the	91616
operation is upon the order of a law enforcement officer.	91617

Sec. 4519.11. One dollar and twenty-five cents of each fee	91618
collected under sections 4519.04 and 4519.09 of the Revised Code	91619
shall be paid into the state bureau of motor vehicles fund created	91620
by section 4501.25 of the Revised Code. All other fees, and all	91621
taxes and fines levied, charged, or referred to in this chapter,	91622
unless otherwise designated by law, shall be deposited into the	91623
state treasury to the credit of the state recreational vehicle	91624
fund, which is hereby created. The state recreational vehicle fund	91625
shall be used for the purpose of enforcing and administering the	91626
law relative to the registration and operation of snowmobiles,	91627
off-highway motorcycles, and all-purpose vehicles within the	91628
state,. In addition, subject to controlling board approval, the	91629
fund shall be used for the purpose of expanding the activities of	91630
the department of natural resources to provide trails and other	91631
areas for the operation of such vehicles on state-controlled land	91632
and waters, for the purchase of additional land to be used for	91633
such purposes, and for the development and implementation by the	91634
department of programs relating to the safe use and enjoyment of	91635
snowmobiles, off-highway motorcycles, and all-purpose vehicles.	91636

All investment earnings of the state recreational vehicle	91637
fund shall be credited to the fund.	91638

Notwithstanding section 1501.01 of the Revised Code, nothing	91639
in this section authorizes the appropriation of property to	91640
provide trails and other areas for the operation of snowmobiles,	91641
off-highway motorcycles, and all-purpose vehicles.	91642

Sec. 4701.03. (A) The accountancy board annually shall elect	91643
a president, secretary, and treasurer from its members. The board	91644
may adopt and amend rules for the orderly conduct of its affairs	91645
and for the administration of this chapter. The board may adopt	91646
and amend rules defining the practice of public accounting, rules	91647
of professional conduct appropriate to establish and maintain a	91648
high standard of integrity and dignity in registrants and	91649
certificate holders under this chapter, and rules regulating the	91650
sole proprietorship, partnership, limited liability company,	91651
professional association, corporation-for-profit, or other legal	91652
entity practice of public accounting. A majority of the board	91653
shall constitute a quorum for the transaction of business.	91654

(B) The board shall keep and hold open for public inspection	91655
all records of its proceedings.	91656

(C) The board may employ any clerks that are necessary to	91657
assist it in the performance of its duties and the keeping of its	91658
records. If the board employs an executive director, the board	91659
shall pay the executive director ~~shall be paid~~ in accordance with	91660
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	91661
~~Code, or, if the director was employed and being paid on June 28,~~	91662
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	91663
~~former section 124.152 of the Revised Code and continued to be so~~	91664
~~paid on June 29, 2003, the executive director shall be paid in~~	91665
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	91666
~~only of~~ section 124.152 of the Revised Code.	91667

Sec. 4707.02. (A) No person shall act as an auction firm,	91668
auctioneer, apprentice auctioneer, or special auctioneer within	91669
this state without a license issued by the department of	91670
agriculture. No auction shall be conducted in this state except by	91671
an auctioneer licensed by the department.	91672

The department shall not issue or renew a license if the	91673
applicant or licensee has been convicted of a felony or crime	91674
involving fraud or theft in this or another state at any time	91675
during the ten years immediately preceding application or renewal.	91676

(B) Division (A) of this section does not apply to any of the	91677
following:	91678

(1) Sales at auction that either are required by law to be at	91679
auction, other than sales pursuant to a judicial order or decree,	91680
or are conducted by or under the direction of a public authority;	91681

(2) The owner of any real or personal property desiring to	91682
sell the property at auction, provided that the property was not	91683
acquired for the purpose of resale;	91684

(3) An auction mediation company;

91685

(4) An auction that is conducted in a course of study for	91686
auctioneers that is approved by the state auctioneers commission	91687
created under section 4707.03 of the Revised Code for purposes of	91688
student training and is supervised by a licensed auctioneer;	91689

(5)(a) An auction that is sponsored by a nonprofit or	91690
charitable organization that is registered in this state under	91691
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	91692
if the auction only involves the property of the members of the	91693
organization and the auction is part of a fair that is organized	91694
by an agricultural society under Chapter 1711. of the Revised Code	91695
or by the Ohio expositions commission under Chapter 991. of the	91696
Revised Code at which an auctioneer who is licensed under this	91697
chapter physically conducts the auction; or	91698

(b) Sales at an auction sponsored by a charitable, religious,	91699
or civic organization that is tax exempt under subsection	91700
501(c)(3) of the Internal Revenue Code, or by a public school,	91701
chartered nonpublic school, or community school, if no person in	91702
the business of organizing, arranging, or conducting an auction	91703
for compensation and no consignor of consigned items sold at the	91704
auction, except such organization or school, receives compensation	91705
from the proceeds of the auction. As used in division (B)(5)(b) of	91706
this section, "compensation" means money, a thing of value other	91707
than participation in a charitable event, or a financial benefit.	91708

(6) A person licensed as a livestock dealer under Chapter	91709
943. of the Revised Code who exclusively sells livestock and uses	91710
an auctioneer who is licensed under this chapter to conduct the	91711
auction;	91712

(7) A person licensed as a motor vehicle auction owner under	91713
Chapter 4517. of the Revised Code who exclusively sells motor	91714
vehicles to a person licensed under Chapter 4517. of the Revised	91715
Code and who uses an auctioneer who is licensed under this chapter	91716
to conduct the auction;	91717

(8) A person who sells real or personal property by means of	91718
the internet;	91719

(9) A bid calling contest that is approved by the commission	91720
and that is conducted for the purposes of the advancement or	91721
promotion of the auction profession in this state, provided that	91722
no compensation is paid to the sponsor of or participants in the	91723
contest other than a prize or award for winning the contest;	91724

(10) An auction at which the champion of a national or	91725
international bid calling contest appears, provided that both of	91726
the following apply:	91727

(a) The champion is not paid a commission.

91728

(b) The auction is conducted under the direct supervision of	91729
an auctioneer licensed under this chapter in order to ensure that	91730
the champion complies with this chapter and rules adopted under	91731
it.	91732

(C)(1) No person shall advertise or hold oneself out as an	91733
auction firm, auctioneer, apprentice auctioneer, or special	91734
auctioneer without a license issued by the department of	91735
agriculture.	91736

(2) Division (C)(1) of this section does not apply to an	91737
individual who is the subject of an advertisement regarding an	91738
auction conducted under division (B)(5)(b) of this section.	91739

Sec. 4707.073. (A) No corporation, limited liability company,	91740
general or limited partnership, or unincorporated association	91741
shall act or hold itself out as an auctioneer without a valid	91742
auctioneer's license issued under this section. This section does	91743
not apply to a person who is issued a license under section	91744
4707.071 of the Revised Code.	91745

(B) The department of agriculture may grant an auctioneer's	91746
license to a corporation, limited liability company, general or	91747
limited partnership, or unincorporated association that is	91748
determined to be qualified by the department. Every applicant for	91749
a license under this section shall furnish to the department, on	91750
forms provided by the department, satisfactory proof that the	91751
applicant:	91752

(1) Is in good standing with the secretary of state if the	91753
applicant is a corporation;	91754

(2) Is of trustworthy character;

91755

(3) Has provided proof of financial responsibility as	91756
required in section 4707.11 of the Revised Code;	91757

(4) Is registered with the secretary of state or a local	91758
authority, as applicable, to do business in this state;	91759

(5) Has complied with any other requirement that the director	91760
establishes in rules adopted under section 4707.19 of the Revised	91761
Code.	91762

(C) An application submitted under this section shall list	91763
the names of all of the owners, directors, partners, or members of	91764
the applicant, as applicable, and shall indicate those that have	91765
an auctioneer's license issued under section 4707.07 of the	91766
Revised Code.	91767

(D)~~(1)~~ The department shall not issue a license under this	91768
section unless one of the following applies, as applicable:	91769

~~(a)~~(1) If the applicant is a limited liability company or a	91770
general or limited partnership, not less than fifty per cent of	91771
the members or general partners have a current license issued	91772
under section 4707.07 of the Revised Code.	91773

~~(b)~~(2) If the applicant is a corporation, not less than fifty	91774
per cent of the directors and the president or chief executive	91775
have a current license issued under section 4707.07 of the Revised	91776
Code.	91777

~~(c)~~(3) If the applicant is an unincorporated association, not	91778
less than fifty per cent of the members have a current license	91779
issued under section 4707.07 of the Revised Code.	91780

Failure of a corporation, limited liability company,	91781
partnership, or unincorporated association to maintain the	91782
applicable requirements of this division after the issuance of a	91783
license under this section may be sufficient cause for the	91784
revocation of the license under section 4707.15 of the Revised	91785
Code.	91786

~~(2) Not later than two years after the effective date of this~~	91787
~~section, a corporation, partnership, or unincorporated association~~	91788
~~that was issued a license under section 4707.07 of the Revised~~	91789
~~Code on or before the effective date of this section shall comply~~	91790
~~with the requirements established in division (D)(1) of this~~	91791
~~section. If such a corporation, partnership, or unincorporated~~	91792
~~association fails to comply with those requirements, the license~~	91793
~~of the corporation, partnership, or unincorporated association~~	91794
~~immediately shall terminate.~~	91795

(E) Upon the issuance of a license under this section, a	91796
corporation, limited liability company, partnership, or	91797
unincorporated association shall designate an individual from	91798
among its directors, partners, or members who is licensed under	91799
section 4707.07 of the Revised Code as its agent for purposes of	91800
communication with the department. If that individual ceases to be	91801
the agent, the corporation, limited liability company,	91802
partnership, or unincorporated association shall notify the	91803
department not later than ten days after the day on which the	91804
individual ceases to be the agent. Upon notification to the	91805
department, the license of the corporation, limited liability	91806
company, partnership, or unincorporated association, as	91807
applicable, immediately shall terminate. If the corporation,	91808
limited liability company, partnership, or unincorporated	91809
association notifies the department of the designation of a new	91810
agent in accordance with the requirements of this division and	91811
pays a fee in the amount of ten dollars, the department shall	91812
issue the corporation, limited liability company, partnership, or	91813
unincorporated association a new license.	91814

(F) This section does not preclude a corporation, limited	91815
liability company, partnership, or unincorporated association from	91816
selling real property at auction, provided that the requirements	91817
of this section and section 4707.021 and Chapter 4735. of the	91818
Revised Code are satisfied.	91819

(G) A person licensed as a real estate broker under Chapter	91820
4735. of the Revised Code shall not be required to obtain a	91821
license under this section if the person complies with sections	91822
4707.021 and 4707.22 of the Revised Code.	91823

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	91824
or auction firm license issued by the department of agriculture is	91825
one hundred dollars, and the annual renewal fee for any such	91826
license is one hundred dollars. All licenses expire annually on	91827
the last day of June of each year and shall be renewed according	91828
to the standard renewal procedures of Chapter 4745. of the Revised	91829
Code, or the procedures of this section. Any licensee under this	91830
chapter who wishes to renew the licensee's license, but fails to	91831
do so before the first day of July shall reapply for licensure in	91832
the same manner and pursuant to the same requirements as for	91833
initial licensure, unless before the first day of September of the	91834
year of expiration, the former licensee pays to the department, in	91835
addition to the regular renewal fee, a late renewal penalty of one	91836
hundred dollars.	91837

(B)(1) Each person to whom the department issues an	91838
auctioneer's license or special auctioneer's license shall pay a	91839
licensure fee. Those licenses are biennial and expire in	91840
accordance with the schedule established in division (B)(2) of	91841
this section. If such a license is issued during the first year of	91842
a biennium, the licensee shall pay a fee in the amount of two	91843
hundred dollars. If the license is issued during the second year	91844
of a biennium, the licensee shall pay a fee in the amount of one	91845
hundred dollars. With respect to an auctioneer's license, the fees	91846
apply regardless of whether the license is issued to an individual	91847
under section 4707.07 of the Revised Code or to a corporation,	91848
limited liability company, partnership, or association under	91849
section 4707.073 of the Revised Code.	91850

All auctioneer's licenses and special auctioneer's licenses	91851
expire on the last day of June of the biennium. The licenses shall	91852
be renewed in accordance with the standard renewal procedures of	91853
Chapter 4745. of the Revised Code or the procedures in this	91854
section and upon the licensee's payment to the department of a	91855
renewal fee of two hundred dollars. A licensee who wishes to renew	91856
the licensee's license, but who fails to do so before the first	91857
day of July following the license's expiration, shall reapply for	91858
licensure in the same manner and pursuant to the same requirements	91859
as for the initial licensure unless before the first day of	91860
September following the expiration, the former licensee pays to	91861
the department, in addition to the regular renewal fee, a late	91862
renewal penalty of one hundred dollars.	91863

(2) The biennial expiration of an auctioneer's license or	91864
special auctioneer's license shall occur in accordance with the	91865
following schedule:	91866

(a) The license shall expire in odd-numbered years if the	91867
business name or last name, as applicable, of the licensee begins	91868
with the letters "A" through "J" or with the letters "X" through	91869
"Z."	91870

(b) The license shall expire in even-numbered years if the	91871
business name or last name, as applicable, of the licensee begins	91872
with the letters "K" through "W."	91873

(C) Any person who fails to renew the person's license before	91874
the first day of July is prohibited from engaging in any activity	91875
specified or comprehended in section 4707.01 of the Revised Code	91876
until such time as the person's license is renewed or a new	91877
license is issued. Renewal of a license between the first day of	91878
July and the first day of September does not relieve any person	91879
from complying with this division. The department may refuse to	91880
renew the license of or issue a new license to any person who	91881
violates this division.	91882

(D) The department shall prepare and deliver to each licensee	91883
a permanent license certificate and an identification card, the	91884
appropriate portion of which shall be carried on the person of the	91885
licensee at all times when engaged in any type of auction	91886
activity, and part of which shall be posted with the permanent	91887
certificate in a conspicuous location at the licensee's place of	91888
business.	91889

(E) Notice in writing shall be given to the department by	91890
each auctioneer or apprentice auctioneer licensee of any change of	91891
principal business location or any change or addition to the name	91892
or names under which business is conducted, whereupon the	91893
department shall issue a new license for the unexpired period. Any	91894
change of business location or change or addition of names without	91895
notification to the department shall automatically cancel any	91896
license previously issued. For each new ~~auctioneer~~auctioneer's or	91897
apprentice ~~auctioneer~~auctioneer's license issued upon the	91898
occasion of a change in business location or a change in or an	91899
addition of names under which business is conducted, the	91900
department may collect a fee of ten dollars for each change in	91901
location, or name or each added name unless the notification of	91902
the change occurs concurrently with the renewal application or	91903
unless otherwise provided in section 4707.07 of the Revised Code.	91904

Sec. 4709.11. Every license issued pursuant to this chapter	91905
expires on the thirty-first day of August of each even-numbered	91906
year. Each licensee desiring to do so shall, on or before the	91907
first day of September of each even-numbered year, renew ~~his~~the	91908
licensee's license pursuant to the standard renewal procedure of	91909
Chapter 4745. of the Revised Code. Any holder of an expired	91910
license shall restore ~~his~~the holder's license before continuing	91911
the practice of barbering or the activity for which hethe holder	91912
is licensed under this chapter and pay the appropriate restoration	91913
fee. If the person fails to restore ~~his~~the person's license	91914
within ~~three~~six years, hethe person shall pay any required	91915
restoration fee and take any examination required for the license	91916
under this chapter.	91917

Sec. 4713.08. (A) The state board of cosmetology shall adopt	91918
rules in accordance with Chapter 119. of the Revised Code as	91919
necessary to implement this chapter. The rules shall do all of the	91920
following:	91921

(1) Govern the practice of the branches of cosmetology and	91922
management of salons;	91923

(2) Specify conditions a person must satisfy to qualify for a	91924
temporary pre-examination work permit under section 4713.22 of the	91925
Revised Code and the conditions and method of renewing a temporary	91926
pre-examination work permit under that section;	91927

(3) Provide for the conduct of examinations under section	91928
4713.24 of the Revised Code;	91929

(4) Specify conditions under which the board will take into	91930
account, under section 4713.32 of the Revised Code, instruction an	91931
applicant for a license under section 4713.28, 4713.30, or 4713.31	91932
of the Revised Code received more than five years before the date	91933
of application for the license;	91934

(5) Provide for the granting of waivers under section 4713.29	91935
of the Revised Code;	91936

(6) Specify conditions an applicant must satisfy for the	91937
board to issue the applicant a license under section 4713.34 of	91938
the Revised Code without the applicant taking an examination	91939
conducted under section 4713.24 of the Revised Code;	91940

(7) Specify locations in which glamour photography services	91941
in which a branch of cosmetology is practiced may be provided;	91942

(8) Establish conditions and the fee for a temporary special	91943
occasion work permit under section 4713.37 of the Revised Code and	91944
specify the amount of time such a permit is valid;	91945

(9) Specify conditions an applicant must satisfy for the	91946
board to issue the applicant an independent contractor license	91947
under section 4713.39 of the Revised Code and the fee for issuance	91948
and renewal of the license;	91949

(10) Establish conditions under which food may be sold at a	91950
salon;	91951

(11) Specify which professions regulated by a professional	91952
regulatory board of this state may be practiced in a salon under	91953
section 4713.42 of the Revised Code;	91954

(12) Establish standards for the provision of cosmetic	91955
therapy, massage therapy, or other professional service in a salon	91956
pursuant to section 4713.42 of the Revised Code;	91957

(13) Establish standards for board approval of, and the	91958
granting of credits for, training in branches of cosmetology at	91959
schools of cosmetology licensed in this state;	91960

(14) Establish the manner in which a school of cosmetology	91961
licensed under section 4713.44 of the Revised Code may offer	91962
post-secondary and advanced practice programs;	91963

(15) Establish sanitary standards for the practice of the	91964
branches of cosmetology, salons, and schools of cosmetology;	91965

~~(15)~~(16) Establish the application process for obtaining a	91966
tanning facility permit under section 4713.48 of the Revised Code,	91967
including the amount of the fee for an initial or renewed permit;	91968

~~(16)~~(17) Establish standards for installing and operating a	91969
tanning facility in a manner that ensures the health and safety of	91970
consumers, including standards that do all of the following:	91971

(a) Establish a maximum safe time of exposure to radiation	91972
and a maximum safe temperature at which sun lamps may be operated;	91973

(b) Require consumers to wear protective eyeglasses and be	91974
supervised as to the length of time consumers use the facility;	91975

(c) Require the operator to prohibit consumers from standing	91976
too close to sun lamps and to post signs warning consumers of the	91977
potential effects of radiation on persons taking certain	91978
medications and of the possible relationship of the radiation to	91979
skin cancer;	91980

(d) Require the installation of protective shielding for sun	91981
lamps and handrails for consumers;	91982

(e) Require floors to be dry during operation of lamps;

91983

(f) Require a consumer who is under the age of eighteen to	91984
obtain written consent from the consumer's parent or legal	91985
guardian prior to receiving tanning services.	91986

~~(17)~~(18)(a) If the board, under section 4713.61 of the	91987
Revised Code, develops a procedure for classifying licenses	91988
inactive, do both of the following:	91989

(i) Establish a fee for having a license classified inactive	91990
that reflects the cost to the board of providing the inactive	91991
license service;	91992

(ii) Specify the continuing education that a person whose	91993
license has been classified inactive must complete to have the	91994
license restored. The continuing education shall be sufficient to	91995
ensure the minimum competency in the use or administration of a	91996
new procedure or product required by a licensee necessary to	91997
protect public health and safety. The requirement shall not exceed	91998
the cumulative number of hours of continuing education that the	91999
person would have been required to complete had the person	92000
retained an active license.	92001

(b) In addition, the board may specify the conditions and	92002
method for granting a temporary work permit to practice a branch	92003
of cosmetology to a person whose license has been classified	92004
inactive.	92005

~~(18)~~(19) Establish a fee for approval of a continuing	92006
education program under section 4713.62 of the Revised Code that	92007
is adequate to cover any expense the board incurs in the approval	92008
process;	92009

~~(19)~~(20) Anything else necessary to implement this chapter.

92010

(B)(1) The rules adopted under division (A)(2) of this	92011
section may establish additional conditions for a temporary	92012
pre-examination work permit under section 4713.22 of the Revised	92013
Code that are applicable to persons who practice a branch of	92014
cosmetology in another state or country.	92015

(2) The rules adopted under division (A)~~(17)~~(18)(b) of this	92016
section may establish additional conditions for a temporary work	92017
permit that are applicable to persons who practice a branch of	92018
cosmetology in another state.	92019

(C) The conditions specified in rules adopted under division	92020
(A)(6) of this section may include that an applicant is applying	92021
for a license to practice a branch of cosmetology for which the	92022
board determines an examination is unnecessary.	92023

(D) The rules adopted under division (A)(11) of this section	92024
shall not include a profession if practice of the profession in a	92025
salon is a violation of a statute or rule governing the	92026
profession.	92027

(E) The sanitary standards established under division	92028
(A)~~(14)~~(15) of this section shall focus in particular on	92029
precautions to be employed to prevent infectious or contagious	92030
diseases being created or spread. The board shall consult with the	92031
Ohio department of health when establishing the sanitary	92032
standards.	92033

(F) The fee established by rules adopted under division	92034
(A)~~(15)~~(16) of this section shall cover the cost the board incurs	92035
in inspecting tanning facilities and enforcing the board's rules	92036
but may not exceed one hundred dollars per location of such	92037
facilities.	92038

Sec. 4713.44. (A) The state board of cosmetology shall issue	92039
a license to operate a school of cosmetology to an applicant who	92040
pays the applicable fee and satisfies all of the following	92041
requirements:	92042

~~(A)~~(1) Maintains a course of practical training and technical	92043
instruction for the branch or branches of cosmetology to be taught	92044
at the school equal to the requirements for admission to an	92045
examination under section 4713.24 of the Revised Code that a	92046
person must pass to obtain a license to practice that branch or	92047
those branches of cosmetology;	92048

~~(B)~~(2) Possesses or makes available apparatus and equipment	92049
sufficient for the ready and full teaching of all subjects of the	92050
curriculum;	92051

~~(C)~~(3) Maintains persons licensed under section 4713.31 or	92052
4713.34 of the Revised Code to teach the theory and practice of	92053
the branches of cosmetology;	92054

~~(D)~~(4) Notifies the board of the enrollment of each new	92055
student, keeps a record devoted to the different practices,	92056
establishes grades, and holds examinations in order to certify the	92057
students' completion of the prescribed course of study before the	92058
issuance of certificates of completion;	92059

~~(E)~~(5) In the case of a school of cosmetology that offers	92060
clock hours for the purpose of satisfying minimum hours of	92061
training and instruction, keeps a daily record of the attendance	92062
of each student;	92063

~~(F)~~(6) On the date that an apprentice cosmetology instructor	92064
begins cosmetology instructor training at the school, certifies	92065
the name of the apprentice cosmetology instructor to the board	92066
along with the date on which the apprentice's instructor training	92067
began;	92068

~~(G)~~(7) Instructs not more than six apprentice cosmetology	92069
instructors at any one time;	92070

~~(H)~~(8) Files with the board a good and sufficient surety bond	92071
executed by the person, firm, or corporation operating the school	92072
of cosmetology as principal and by a surety company as surety in	92073
the amount of ten thousand dollars; provided, that this	92074
requirement does not apply to a vocational program conducted by a	92075
city, exempted village, local, or joint vocational school	92076
district. The bond shall be in the form prescribed by the board	92077
and be conditioned upon the school's continued instruction in the	92078
theory and practice of the branches of cosmetology. Every bond	92079
shall continue in effect until notice of its termination is given	92080
to the board by registered mail and every bond shall so provide.	92081

(9) Establishes and maintains an internal procedure for	92082
processing complaints filed against the school and for providing	92083
students with instructions on how to file a complaint directly	92084
with the board pursuant to section 4713.641 of the Revised Code.	92085

(B) A school of cosmetology holding a license issued under	92086
division (A) of this section is an educational institution and is	92087
authorized to offer educational programs beyond secondary	92088
education, advanced practice programs, or both in accordance with	92089
rules adopted by the board pursuant to section 4713.08 of the	92090
Revised Code.	92091

(C) A school of cosmetology holding a license to operate a	92092
school of cosmetology on the effective date of this amendment	92093
shall establish and maintain an internal procedure for processing	92094
complaints filed against the school and shall provide each of the	92095
school's students with instructions on how to file a complaint	92096
directly with the board pursuant to section 4713.641 of the	92097
Revised Code.	92098

Sec. 4713.641. Any student or former student of a school of	92099
cosmetology licensed under division (A) of section 4713.44 of the	92100
Revised Code may file a complaint with the state board of	92101
cosmetology alleging that the school has violated division (A) of	92102
section 4713.64 of the Revised Code. The complaint shall be in	92103
writing and signed by the person bringing the complaint. Upon	92104
receiving a complaint, the board shall initiate a preliminary	92105
investigation to determine whether it is probable that a violation	92106
was committed. If the board determines after preliminary	92107
investigation that it is not probable that a violation was	92108
committed, the board shall notify the person who filed the	92109
complaint of the board's findings and that the board will not	92110
issue a formal complaint in the matter. If the board determines	92111
after a preliminary investigation that it is probable that a	92112
violation was committed, the board shall proceed against the	92113
school pursuant to the board's authority under section 4713.64 of	92114
the Revised Code and in accordance with the hearing and notice	92115
requirements prescribed in Chapter 119. of the Revised Code.	92116

Sec. 4715.22. (A)(1) This section applies only when a	92117
licensed dental hygienist is not practicing under a permit issued	92118
pursuant to section 4715.363 of the Revised Code authorizing	92119
practice under the oral health access supervision of a dentist.	92120

(2) As used in this section, "health care facility" means	92121
either of the following:	92122

(a) A hospital registered under section 3701.07 of the	92123
Revised Code;	92124

(b) A "home" as defined in section 3721.01 of the Revised	92125
Code.	92126

(B) A licensed dental hygienist shall practice under the	92127
supervision, order, control, and full responsibility of a dentist	92128
licensed under this chapter. A dental hygienist may practice in a	92129
dental office, public or private school, health care facility,	92130
dispensary, or public institution. Except as provided in division	92131
(C) or (D) of this section, a dental hygienist may not provide	92132
dental hygiene services to a patient when the supervising dentist	92133
is not physically present at the location where the dental	92134
hygienist is practicing.	92135

(C) A dental hygienist may provide, for not more than fifteen	92136
consecutive business days, dental hygiene services to a patient	92137
when the supervising dentist is not physically present at the	92138
location at which the services are provided if all of the	92139
following requirements are met:	92140

(1) The dental hygienist has at least two years and a minimum	92141
of three thousand hours of experience in the practice of dental	92142
hygiene.	92143

(2) The dental hygienist has successfully completed a course	92144
approved by the state dental board in the identification and	92145
prevention of potential medical emergencies.	92146

(3) The dental hygienist complies with written protocols for	92147
emergencies the supervising dentist establishes.	92148

(4) The dental hygienist does not perform, while the	92149
supervising dentist is absent from the location, procedures while	92150
the patient is anesthetized, definitive root planing, definitive	92151
subgingival curettage, or other procedures identified in rules the	92152
state dental board adopts.	92153

(5) The supervising dentist has evaluated the dental	92154
hygienist's skills.	92155

(6) The supervising dentist examined the patient not more	92156
than seven months prior to the date the dental hygienist provides	92157
the dental hygiene services to the patient.	92158

(7) The dental hygienist complies with written protocols or	92159
written standing orders that the supervising dentist establishes.	92160

(8) The supervising dentist completed and evaluated a medical	92161
and dental history of the patient not more than one year prior to	92162
the date the dental hygienist provides dental hygiene services to	92163
the patient and, except when the dental hygiene services are	92164
provided in a health care facility, the supervising dentist	92165
determines that the patient is in a medically stable condition.	92166

(9) If the dental hygiene services are provided in a health	92167
care facility, a doctor of medicine and surgery or osteopathic	92168
medicine and surgery who holds a current certificate issued under	92169
Chapter 4731. of the Revised Code or a registered nurse licensed	92170
under Chapter 4723. of the Revised Code is present in the health	92171
care facility when the services are provided.	92172

(10) In advance of the appointment for dental hygiene	92173
services, the patient is notified that the supervising dentist	92174
will be absent from the location and that the dental hygienist	92175
cannot diagnose the patient's dental health care status.	92176

(11) The dental hygienist is employed by, or under contract	92177
with, one of the following:	92178

(a) The supervising dentist;

92179

(b) A dentist licensed under this chapter who is one of the	92180
following:	92181

(i) The employer of the supervising dentist;

92182

(ii) A shareholder in a professional association formed under	92183
Chapter 1785. of the Revised Code of which the supervising dentist	92184
is a shareholder;	92185

(iii) A member or manager of a limited liability company	92186
formed under Chapter 1705. of the Revised Code of which the	92187
supervising dentist is a member or manager;	92188

(iv) A shareholder in a corporation formed under division (B)	92189
of section 1701.03 of the Revised Code of which the supervising	92190
dentist is a shareholder;	92191

(v) A partner or employee of a partnership or a limited	92192
liability partnership formed under Chapter 1775. or 1776. of the	92193
Revised Code of which the supervising dentist is a partner or	92194
employee.	92195

(c) A government entity that employs the dental hygienist to	92196
provide dental hygiene services in a public school or in	92197
connection with other programs the government entity administers.	92198

(D) A dental hygienist may provide dental hygiene services to	92199
a patient when the supervising dentist is not physically present	92200
at the location at which the services are provided if the services	92201
are provided as part of a dental hygiene program that is approved	92202
by the state dental board and all of the following requirements	92203
are met:	92204

(1) The program is operated through a school district board	92205
of education or the governing board of an educational service	92206
center; the board of health of a city or general health district	92207
or the authority having the duties of a board of health under	92208
section 3709.05 of the Revised Code; a national, state, district,	92209
or local dental association; or any other public or private entity	92210
recognized by the state dental board.	92211

(2) The supervising dentist is employed by or a volunteer	92212
for, and the patients are referred by, the entity through which	92213
the program is operated.	92214

(3) ~~The~~(a) Except as provided in division (D)(3)(b) of this	92215
section, the services are performed after examination and	92216
diagnosis by the dentist and in accordance with the dentist's	92217
written treatment plan.	92218

(b) The requirement in division (D)(3)(a) of this section	92219
does not apply when the only service to be provided by the dental	92220
hygienist is the placement of pit and fissure sealants, the	92221
administration of fluoride mouth rinse through a school-based	92222
fluoride mouth rinse program authorized by section 3701.136 of the	92223
Revised Code, or both.	92224

(E) No person shall do either of the following:

92225

(1) Practice dental hygiene in a manner that is separate or	92226
otherwise independent from the dental practice of a supervising	92227
dentist;	92228

(2) Establish or maintain an office or practice that is	92229
primarily devoted to the provision of dental hygiene services.	92230

(F) The state dental board shall adopt rules under division	92231
(C) of section 4715.03 of the Revised Code identifying procedures	92232
a dental hygienist may not perform when practicing in the absence	92233
of the supervising dentist pursuant to division (C) or (D) of this	92234
section.	92235

Sec. 4715.36. As used in this section and sections 4715.361	92236
to 4715.374 of the Revised Code:	92237

(A) "Accredited dental hygiene school" means a dental hygiene	92238
school accredited by the American dental association commission on	92239
dental accreditation or a dental hygiene school whose educational	92240
standards are recognized by the American dental association	92241
commission on dental accreditation and approved by the state	92242
dental board.	92243

(B) "Authorizing dentist" means a dentist who authorizes a	92244
dental hygienist to perform dental hygiene services under section	92245
4715.365 of the Revised Code.	92246

(C) "Clinical evaluation" means a diagnosis and treatment	92247
plan formulated for an individual patient by a dentist.	92248

(D) "Dentist" means an individual licensed under this chapter	92249
to practice dentistry.	92250

(E) "Dental hygienist" means an individual licensed under	92251
this chapter to practice as a dental hygienist.	92252

(F) "Dental hygiene services" means the prophylactic,	92253
preventive, and other procedures that dentists are authorized by	92254
this chapter and rules of the state dental board to assign to	92255
dental hygienists, except for procedures while a patient is	92256
anesthetized, definitive root planing, definitive subgingival	92257
curettage, the administration of local anesthesia, and the	92258
procedures specified in rules adopted by the board as described in	92259
division (C)(4) of section 4715.22 of the Revised Code.	92260

(G) "Facility" means any of the following:

92261

(1) A health care facility, as defined in section 4715.22 of	92262
the Revised Code;	92263

(2) A state correctional institution, as defined in section	92264
2967.01 of the Revised Code;	92265

(3) A comprehensive child development program that receives	92266
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	92267
42 U.S.C. 9831, as amended, and is licensed as a child day-care	92268
center;	92269

(4) A residential facility licensed under section 5123.19 of	92270
the Revised Code;	92271

(5) A public school, as defined in section 3701.93 of the	92272
Revised Code, located in an area designated as a dental health	92273
resource shortage area pursuant to section 3702.87 of the Revised	92274
Code;	92275

(6) A nonpublic school, as defined in section 3701.93 of the	92276
Revised Code, located in an area designated as a dental health	92277
resource shortage area pursuant to section 3702.87 of the Revised	92278
Code;	92279

(7) A federally qualified health center or federally	92280
qualified health center look-alike, as defined in section 3701.047	92281
of the Revised Code;	92282

(8) A shelter for victims of domestic violence, as defined in	92283
section 3113.33 of the Revised Code;	92284

(9) A facility operated by the department of youth services	92285
under Chapter 5139. of the Revised Code;	92286

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	92287
~~the Revised Code;~~	92288

~~(11)~~ A foster home, as defined in section 5103.02 of the	92289
Revised Code;	92290

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	92291
the Revised Code;	92292

~~(13)~~(12) The residence of one or more individuals receiving	92293
services provided by a home health agency, as defined in section	92294
5101.61 of the Revised Code;	92295

~~(14)~~(13) A dispensary;

92296

~~(15)~~(14) A health care facility, such as a clinic or	92297
hospital, of the United States department of veterans affairs;	92298

~~(16)~~(15) The residence of one or more individuals enrolled in	92299
a home and community-based services medicaid waiver component, as	92300
defined in section ~~5111.851~~5166.01 of the Revised Code;	92301

~~(17)~~(16) A facility operated by the board of health of a city	92302
or general health district or the authority having the duties of a	92303
board of health under section 3709.05 of the Revised Code;	92304

~~(18)~~(17) A women, infants, and children clinic;

92305

~~(19)~~(18) A mobile dental unit located at any location listed	92306
in divisions (G)(1) to ~~(18)~~(17) of this section;	92307

~~(20)~~(19) Any other location, as specified by the state dental	92308
board in rules adopted under section 4715.372 of the Revised Code,	92309
that is in an area designated as a dental health resource shortage	92310
area pursuant to section 3702.87 of the Revised Code and provides	92311
health care services to individuals who are medicaid recipients of	92312
~~medical assistance under the medicaid program established pursuant~~	92313
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	92314
persons, as defined in section 2305.234 of the Revised Code.	92315

Sec. 4715.372. (A) The state dental board shall adopt rules	92316
in accordance with Chapter 119. of the Revised Code as necessary	92317
to implement the oral health access supervision program, including	92318
rules that do all of the following:	92319

(1) For the purpose of division (G)~~(20)~~(19) of section	92320
4715.36 of the Revised Code, designate additional facilities at	92321
which a dental hygienist may be authorized to perform dental	92322
hygiene services under the oral health access supervision program;	92323

(2) For the purpose of section 4715.362 of the Revised Code,	92324
prescribe the application form and requirements for obtaining an	92325
oral health access supervision permit;	92326

(3) For the purpose of section 4715.363 of the Revised Code,	92327
prescribe the application form for a permit to practice as a	92328
dental hygienist under the oral health access supervision of a	92329
dentist;	92330

(4) For the purpose of division (B)(3) of section 4715.363 of	92331
the Revised Code and subject to division (B) of this section,	92332
establish standards for the course in the practice of dental	92333
hygiene under oral health access supervision;	92334

(5) For the purpose of section 4715.369 of the Revised Code,	92335
prescribe the form for renewal of an oral health access	92336
supervision permit;	92337

(6) For the purpose of section 4715.37 of the Revised Code,	92338
prescribe the form for renewal of a permit to practice as a dental	92339
hygienist under the oral health access supervision of a dentist.	92340

(B) The course in the practice of dental hygiene under oral	92341
health access supervision for which the board establishes	92342
standards under division (A)(4) of this section shall meet all of	92343
the following requirements:	92344

(1) Be eight hours in length;

92345

(2) Include, at a minimum, instruction in both of the	92346
following:	92347

(a) The treatment of geriatric patients, medically	92348
compromised patients, developmentally disabled patients, and	92349
pediatric patients;	92350

(b) Recordkeeping practices.

92351

(3) Be developed and offered by an institution accredited by	92352
the American dental association commission on dental accreditation	92353
or a program provided by a sponsor of continuing education	92354
approved by the board;	92355

(4) Include content that is separate and independent from the	92356
course content required for the completion of dental hygiene	92357
education from an accredited dental hygiene school.	92358

Sec. 4715.39. (A) The state dental board may define the	92359
duties that may be performed by dental assistants and other	92360
individuals designated by the board as qualified personnel. If	92361
defined, the duties shall be defined in rules adopted in	92362
accordance with Chapter 119. of the Revised Code. The rules may	92363
include training and practice standards for dental assistants and	92364
other qualified personnel. The standards may include examination	92365
and issuance of a certificate. If the board issues a certificate,	92366
the recipient shall display the certificate in a conspicuous	92367
location in any office in which the recipient is employed to	92368
perform the duties authorized by the certificate.	92369

(B) A dental assistant may polish the clinical crowns of	92370
teeth if all of the following requirements are met:	92371

(1) The dental assistant's polishing activities are limited	92372
to the use of a rubber cup attached to a slow-speed rotary dental	92373
hand piece to remove soft deposits that build up over time on the	92374
crowns of teeth.	92375

(2) The polishing is performed only after a dentist has	92376
evaluated the patient and any calculus detected on the teeth to be	92377
polished has been removed by a dentist or dental hygienist.	92378

(3) The dentist supervising the assistant supervises not more	92379
than two dental assistants engaging in polishing activities at any	92380
given time.	92381

(4) The dental assistant is certified by the dental assisting	92382
national board or the Ohio commission on dental assistant	92383
certification.	92384

(5) The dental assistant receives a certificate from the	92385
board authorizing the assistant to engage in the polishing	92386
activities. The board shall issue the certificate if the	92387
individual has successfully completed training in the polishing of	92388
clinical crowns through a program accredited by the American	92389
dental association commission on dental accreditation or	92390
equivalent training approved by the board. The training shall	92391
include courses in basic dental anatomy and infection control,	92392
followed by a course in coronal polishing that includes didactic,	92393
preclinical, and clinical training; any other training required by	92394
the board; and a skills assessment that includes successful	92395
completion of standardized testing. The board shall adopt rules	92396
pursuant to division (A) of this section establishing standards	92397
for approval of this training.	92398

(C) A dental assistant may apply pit and fissure sealants if	92399
all of the following requirements are met:	92400

(1) A(a) Except as provided in division (C)(1)(b) of this	92401
section, a dentist evaluates the patient and designates the teeth	92402
and surfaces that will benefit from the application of sealant on	92403
the day the application is to be performed;	92404

(b) The requirement in division (C)(1)(a) of this section	92405
does not apply if the director of health makes a determination	92406
authorized by division (A)(1) of section 3701.138 of the Revised	92407
Code.	92408

(2) The dental assistant is certified by the dental assisting	92409
national board or the Ohio commission on dental assistant	92410
certification.	92411

(3) The dental assistant has successfully completed a course	92412
in the application of sealants consisting of at least two hours of	92413
didactic instruction and six hours of clinical instruction through	92414
a program provided by an institution accredited by the American	92415
dental association commission on dental accreditation or a program	92416
provided by a sponsor of continuing education approved by the	92417
board.	92418

(4) The dentist supervising the assistant has observed the	92419
assistant successfully apply at least six sealants.	92420

(5) The dentist supervising the assistant checks and approves	92421
the application of all sealants placed by the assistant before the	92422
patient leaves the location where the sealant application	92423
procedure is performed.	92424

(D) If the director of health establishes a school-based	92425
fluoride mouth rinse program under section 3701.136 of the Revised	92426
Code and makes a determination authorized by division (A)(2) of	92427
section 3701.138 of the Revised Code, a dental assistant who is	92428
certified by the dental assisting national board or the Ohio	92429
commission on dental assistant certification may administer	92430
fluoride mouth rinse to a student under the program when a dentist	92431
is not present and without a dentist first examining the student.	92432

(E) Subject to this section and the applicable rules of the	92433
board, licensed dentists may assign to dental assistants and other	92434
qualified personnel dental procedures that do not require the	92435
professional competence or skill of the licensed dentist, a dental	92436
hygienist, or an expanded function dental auxiliary as this	92437
section or the board by rule authorizes dental assistants and	92438
other qualified personnel to perform. The performance of dental	92439
procedures by dental assistants and other qualified personnel	92440
shall be under direct supervision and full responsibility of the	92441
licensed dentist.	92442

~~(E)~~(F) Nothing in this section shall be construed by rule of	92443
the state dental board or otherwise to do the following:	92444

(1) Authorize dental assistants or other qualified personnel	92445
to engage in the practice of dental hygiene as defined by sections	92446
4715.22 and 4715.23 of the Revised Code or to perform the duties	92447
of a dental hygienist, including the removal of calcarious	92448
deposits, dental cement, or accretions on the crowns and roots of	92449
teeth other than as authorized pursuant to this section;	92450

(2) Authorize dental assistants or other qualified personnel	92451
to engage in the practice of an expanded function dental auxiliary	92452
as specified in section 4715.64 of the Revised Code or to perform	92453
the duties of an expanded function dental auxiliary other than as	92454
authorized pursuant to this section.	92455

(3) Authorize the assignment of any of the following:

92456

(a) Diagnosis;

92457

(b) Treatment planning and prescription, including	92458
prescription for drugs and medicaments or authorization for	92459
restorative, prosthodontic, or orthodontic appliances;	92460

(c) Surgical procedures on hard or soft tissue of the oral	92461
cavity, or any other intraoral procedure that contributes to or	92462
results in an irremediable alteration of the oral anatomy;	92463

(d) The making of final impressions from which casts are made	92464
to construct any dental restoration.	92465

~~(F)~~(G) No dentist shall assign any dental assistant or other	92466
individual acting in the capacity of qualified personnel to	92467
perform any dental procedure that the assistant or other	92468
individual is not authorized by this section or by board rule to	92469
perform. No dental assistant or other individual acting in the	92470
capacity of qualified personnel shall perform any dental procedure	92471
other than in accordance with this section and any applicable	92472
board rule or any dental procedure that the assistant or other	92473
individual is not authorized by this section or by board rule to	92474
perform.	92475

Sec. 4715.64. (A) The practice of an expanded function dental	92476
auxiliary shall consist of the following:	92477

(1) The procedures involved in the placement of restorative	92478
materials limited to amalgam restorative materials and	92479
~~non-metallic~~nonmetallic restorative materials, including	92480
direct-bonded restorative materials;	92481

(2) The procedures involved in the placement of sealants;

92482

(3) Any additional procedures authorized by the state dental	92483
board in rules adopted under section 4715.66 of the Revised Code.	92484

(B)(1) An expanded function dental auxiliary shall practice	92485
under the direct supervision, order, control, and full	92486
responsibility of a dentist licensed under this chapter. At no	92487
time shall more than two expanded function dental auxiliaries be	92488
practicing as expanded function dental auxiliaries under the	92489
direct supervision of the same dentist. AnExcept as provided in	92490
division (B)(2) of this section, an expanded function dental	92491
auxiliary shall not practice as an expanded function dental	92492
auxiliary when the supervising dentist is not physically present	92493
at the location where the expanded function dental auxiliary is	92494
practicing.	92495

(2)(a) If the director of health makes a determination	92496
authorized by division (B)(1) of section 3701.138 of the Revised	92497
Code, an expanded function dental auxiliary may perform the	92498
procedures described in division (A)(2) of this section through a	92499
program operated by a school district board of education or the	92500
governing board of an educational service center if the	92501
supervising dentist is not physically present at the location	92502
where the expanded function dental auxiliary is practicing or a	92503
dentist has not first examined the patient.	92504

(b) If the director of health establishes a school-based	92505
fluoride mouth rinse program under section 3701.136 of the Revised	92506
Code and makes a determination authorized by division (B)(2) of	92507
section 3701.138 of the Revised Code, an expanded function dental	92508
auxiliary may administer fluoride mouth rinse to a student under	92509
the program when the supervising dentist is not physically present	92510
at the location where the expanded function dental auxiliary is	92511
practicing or a dentist has not first examined the patient.	92512

(C) Nothing in this section shall be construed by rule of the	92513
board or otherwise to authorize an expanded function dental	92514
auxiliary to engage in the practice of dental hygiene as defined	92515
by sections 4715.22 and 4715.23 of the Revised Code.	92516

Sec. 4717.03. (A) Members of the board of embalmers and	92517
funeral directors shall annually in July, or within thirty days	92518
after the senate's confirmation of the new members appointed in	92519
that year, meet and organize by selecting from among its members a	92520
president, vice-president, and secretary-treasurer. The board may	92521
hold other meetings as it determines necessary. A quorum of the	92522
board consists of four members, of whom at least three shall be	92523
members who are embalmers and funeral directors. The concurrence	92524
of at least four members is necessary for the board to take any	92525
action. The president and secretary-treasurer shall sign all	92526
licenses issued under this chapter and affix the board's seal to	92527
each license.	92528

(B) The board may appoint an individual who is not a member	92529
of the board to serve as executive director of the board. The	92530
board shall fix the compensation of the executive director. The	92531
executive director serves at the pleasure of the board and shall	92532
do all of the following:	92533

(1) Serve as the board's chief administrative officer;

92534

(2) Act as custodian of the board's records;

92535

(3) Execute all of the board's orders;

92536

(4) Employ staff who are not members of the board and who	92537
serve at the pleasure of the executive director to provide any	92538
assistance that the board considers necessary;	92539

(5) Fix the compensation of staff employed pursuant to	92540
division (B)(4) of this section.	92541

(C) In executing the board's orders as required by division	92542
(B)(3) of this section, the executive director may enter the	92543
premises, establishment, office, or place of business of any	92544
embalmer, funeral director, or operator of a crematory facility in	92545
this state. The executive director may serve and execute any	92546
process issued by any court under this chapter.	92547

~~(C) The board may employ clerical or technical staff who are~~	92548
~~not members of the board and who serve at the pleasure of the~~	92549
~~board to provide any clerical or technical assistance the board~~	92550
~~considers necessary.~~(D) The ~~board~~executive director may employ	92551
necessary inspectors, who shall be licensed embalmers and funeral	92552
directors. ~~Any~~An inspector employed by the ~~board~~executive	92553
director may enter the premises, establishment, office, or place	92554
of business of any embalmer, funeral director, or operator of a	92555
crematory facility in this state, for the purposes of inspecting	92556
the facility and premises; the license and registration of	92557
embalmers and funeral directors operating in the facility; and the	92558
license of the funeral home, embalming facility, or crematory~~. The~~	92559
~~inspector shall serve and execute any process issued by any court~~	92560
~~under this chapter, serve and execute any papers or process issued~~	92561
~~by the board or any officer or member of the board,~~facility and	92562
perform any other duties delegated to the inspector by the board	92563
or assigned to the inspector by the executive director. The	92564
executive director may enter the facility or premises of a funeral	92565
home, embalming facility, or crematory for the purpose of an	92566
inspection if accompanied by an inspector or, if an inspector is	92567
not available, when a situation presents a danger of immediate and	92568
serious harm to the public.	92569

~~(D)~~(E) The president of the board shall designate three of	92570
~~its~~the board's members to serve on the crematory review board,	92571
which is hereby created, for such time as the president finds	92572
appropriate to carry out the provisions of this chapter. Those	92573
members of the crematory review board designated by the president	92574
to serve and three members designated by the cemetery dispute	92575
resolution commission shall designate, by a majority vote, one	92576
person who is experienced in the operation of a crematory facility	92577
and who is not affiliated with a cemetery or a funeral home to	92578
serve on the crematory review board for such time as the crematory	92579
review board finds appropriate. Members serving on the crematory	92580
review board shall not receive any additional compensation for	92581
serving on the board, but may be reimbursed for their actual and	92582
necessary expenses incurred in the performance of official duties	92583
as members of the board. Members of the crematory review board	92584
shall designate one from among its members to serve as a	92585
chairperson for such time as the board finds appropriate. Costs	92586
associated with conducting an adjudicatory hearing in accordance	92587
with division ~~(E)~~(F) of this section shall be paid from funds	92588
available to the board of embalmers and funeral directors.	92589

~~(E)~~(F) Upon receiving written notice from the board of	92590
embalmers and funeral directors of any of the following, the	92591
crematory review board shall conduct an adjudicatory hearing on	92592
the matter in accordance with Chapter 119. of the Revised Code,	92593
except as otherwise provided in this section or division (C) of	92594
section 4717.14 of the Revised Code:	92595

(1) Notice provided under division ~~(H)~~(I) of this section of	92596
an alleged violation of any provision of this chapter or any rules	92597
adopted under this chapter governing or in connection with	92598
crematory facilities or cremation;	92599

(2) Notice provided under division (B) of section 4717.14 of	92600
the Revised Code that the board of embalmers and funeral directors	92601
proposes to refuse to grant or renew, or to suspend or revoke, a	92602
license to operate a crematory facility;	92603

(3) Notice provided under division (C) of section 4717.14 of	92604
the Revised Code that the board of embalmers and funeral directors	92605
has issued an order summarily suspending a license to operate a	92606
crematory facility;	92607

(4) Notice provided under division (B) of section 4717.15 of	92608
the Revised Code that the board of embalmers and funeral directors	92609
proposes to issue a notice of violation and order requiring	92610
payment of a forfeiture for any violation described in divisions	92611
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	92612
connection with a crematory facility or cremation.	92613

Nothing in division ~~(E)~~(F) of this section precludes the	92614
crematory review board from appointing an independent examiner in	92615
accordance with section 119.09 of the Revised Code to conduct any	92616
adjudication hearing required under division ~~(E)~~(F) of this	92617
section.	92618

The crematory review board shall submit a written report of	92619
findings and advisory recommendations, and a written transcript of	92620
its proceedings, to the board of embalmers and funeral directors.	92621
The board of embalmers and funeral directors shall serve a copy of	92622
the written report of the crematory review board's findings and	92623
advisory recommendations on the party to the adjudication or the	92624
party's attorney, by certified mail, within five days after	92625
receiving the report and advisory recommendations. A party may	92626
file objections to the written report with the board of embalmers	92627
and funeral directors within ten days after receiving the report.	92628
No written report is final or appealable until it is issued as a	92629
final order by the board of embalmers and funeral directors and	92630
entered on the record of the proceedings. The board of embalmers	92631
and funeral directors shall consider objections filed by the party	92632
prior to issuing a final order. After reviewing the findings and	92633
advisory recommendations of the crematory review board, the	92634
written transcript of the crematory review board's proceedings,	92635
and any objections filed by a party, the board of embalmers and	92636
funeral directors shall issue a final order in the matter. Any	92637
party may appeal the final order issued by the board of embalmers	92638
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	92639
to (4) of this section in accordance with section 119.12 of the	92640
Revised Code, except that the appeal may be made to the court of	92641
common pleas in the county in which is located the crematory	92642
facility to which the final order pertains, or in the county in	92643
which the party resides.	92644

~~(F)~~(G) On its own initiative or on receiving a written	92645
complaint from any person whose identity is made known to the	92646
board of embalmers and funeral directors, the board shall	92647
investigate the acts or practices of any person holding or	92648
claiming to hold a license or registration under this chapter	92649
that, if proven to have occurred, would violate this chapter or	92650
any rules adopted under it. The board may compel witnesses by	92651
subpoena to appear and testify in relation to investigations	92652
conducted under this chapter and may require by subpoena duces	92653
tecum the production of any book, paper, or document pertaining to	92654
an investigation. If a person does not comply with a subpoena or	92655
subpoena duces tecum, the board may apply to the court of common	92656
pleas of any county in this state for an order compelling the	92657
person to comply with the subpoena or subpoena duces tecum, or for	92658
failure to do so, to be held in contempt of court.	92659

~~(G)~~(H) If, as a result of its investigation conducted under	92660
division ~~(F)~~(G) of this section, the board of embalmers and	92661
funeral directors has reasonable cause to believe that the person	92662
investigated is violating any provision of this chapter or any	92663
rules adopted under this chapter governing or in connection with	92664
embalming, funeral directing, funeral homes, embalming facilities,	92665
or the operation of funeral homes or embalming facilities, it may,	92666
after providing the opportunity for an adjudicatory hearing, issue	92667
an order directing the person to cease the acts or practices that	92668
constitute the violation. The board shall conduct the adjudicatory	92669
hearing in accordance with Chapter 119. of the Revised Code except	92670
that, notwithstanding the provisions of that chapter, the	92671
following shall apply:	92672

(1) The board shall send the notice informing the person of	92673
the person's right to a hearing by certified mail.	92674

(2) The person is entitled to a hearing only if the person	92675
requests a hearing and if the board receives the request within	92676
thirty days after the mailing of the notice described in division	92677
~~(G)~~(H)(1) of this section.	92678

(3) A stenographic record shall be taken, in the manner	92679
prescribed in section 119.09 of the Revised Code, at every	92680
adjudicatory hearing held under this section, regardless of	92681
whether the record may be the basis of an appeal to a court.	92682

~~(H)~~(I) If, as a result of its investigation conducted under	92683
division ~~(F)~~(G) of this section, the board of embalmers and	92684
funeral directors has reasonable cause to believe that the person	92685
investigated is violating any provision of this chapter or any	92686
rules adopted under this chapter governing or in connection with	92687
crematory facilities or cremation, the board shall send written	92688
notice of the alleged violation to the crematory review board. If,	92689
after the conclusion of the adjudicatory hearing in the matter	92690
conducted under division ~~(E)~~(F) of this section, the board of	92691
embalmers and funeral directors finds that a person is in	92692
violation of any provision of this chapter or any rules adopted	92693
under this chapter governing or in connection with crematory	92694
facilities or cremation, the board may issue a final order under	92695
that division directing the person to cease the acts or practices	92696
that constitute the violation.	92697

~~(I)~~(J) The board of embalmers and funeral directors may bring	92698
a civil action to enjoin any violation or threatened violation of	92699
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	92700
under any of those sections; division (A) or (B) of section	92701
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	92702
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	92703
division (D)(1) of section 4717.27; divisions (A) to (C) of	92704
section 4717.28, or division (D) or (E) of section 4717.31 of the	92705
Revised Code. The action shall be brought in the county where the	92706
violation occurred or the threatened violation is expected to	92707
occur. At the request of the board, the attorney general shall	92708
represent the board in any matter arising under this chapter.	92709

~~(J)~~(K) The board of embalmers and funeral directors and the	92710
crematory review board may issue subpoenas for funeral directors	92711
and embalmers or persons holding themselves out as such, for	92712
operators of crematory facilities or persons holding themselves	92713
out as such, or for any other person whose testimony, in the	92714
opinion of either board, is necessary. The subpoena shall require	92715
the person to appear before the appropriate board or any	92716
designated member of either board, upon any hearing conducted	92717
under this chapter. The penalty for disobedience to the command of	92718
such a subpoena is the same as for refusal to answer such a	92719
process issued under authority of the court of common pleas.	92720

~~(K)~~(L) All moneys received by the board of embalmers and	92721
funeral directors from any source shall be deposited in the state	92722
treasury to the credit of the occupational licensing and	92723
regulatory fund created in section 4743.05 of the Revised Code.	92724

~~(L)~~(M) The board of embalmers and funeral directors shall	92725
submit a written report to the governor on or before the first	92726
Monday of July of each year. This report shall contain a detailed	92727
statement of the nature and amount of the board's receipts and the	92728
amount and manner of its expenditures.	92729

Sec. 4717.06. (A)(1) Any person who desires to obtain a	92730
license to operate a funeral home, embalming facility, or	92731
crematory facility shall apply to the board of embalmers and	92732
funeral directors on a form provided by the board. The application	92733
shall include the initial license fee set forth in section 4717.07	92734
of the Revised Code and proof satisfactory to the board that the	92735
funeral home, embalming facility, or crematory facility is in	92736
compliance with rules adopted by the board under section 4717.04	92737
of the Revised Code, rules adopted by the board of building	92738
standards under Chapter 3781. of the Revised Code, and all other	92739
federal, state, and local requirements relating to the safety of	92740
the premises.	92741

(2) If the funeral home, embalming facility, or crematory	92742
facility to which the license application pertains is owned by a	92743
corporation or limited liability company, the application shall	92744
include the name and address of the corporation's or limited	92745
liability company's statutory agent appointed under section	92746
1701.07 or 1705.06 of the Revised Code or, in the case of a	92747
foreign corporation, the corporation's designated agent appointed	92748
under section 1703.041 of the Revised Code. If the funeral home,	92749
embalming facility, or crematory facility to which the application	92750
pertains is owned by a partnership, the application shall include	92751
the name and address of each of the partners. If, at any time	92752
after the submission of a license application or issuance of a	92753
license, the statutory or designated agent of a corporation or	92754
limited liability company owning a funeral home, embalming	92755
facility, or crematory facility or the address of the statutory or	92756
designated agent changes or, in the case of a partnership, any of	92757
the partners of the funeral home, embalming facility, or crematory	92758
facility or the address of any of the partners changes, the	92759
applicant for or holder of the license to operate the funeral	92760
home, embalming facility, or crematory facility shall submit	92761
written notice to the board, within thirty days after the change,	92762
informing the board of the change and of any name or address of a	92763
statutory or designated agent or partner that has changed from	92764
that contained in the application for the license or the most	92765
recent notice submitted under division (A)(2) of this section.	92766

(B)(1) The board shall issue a license to operate a funeral	92767
home only for the address at which the funeral home is operated.	92768
The funeral home license and licenses of the embalmers and funeral	92769
directors employed by the funeral home shall be displayed in a	92770
conspicuous place within the funeral home.	92771

(2) The funeral home shall have on the premises one of the	92772
following:	92773

(a) If embalming will take place at the funeral home, an	92774
embalming room that is adequately equipped and maintained. The	92775
embalming room shall be kept in a clean and sanitary manner and	92776
used only for the embalming, preparation, or holding of dead human	92777
bodies. The embalming room shall contain only the articles,	92778
facilities, and instruments necessary for those purposes.	92779

(b) If embalming will not take place at the funeral home, a	92780
holding room that is adequately equipped and maintained. The	92781
holding room shall be kept in a clean and sanitary manner and used	92782
only for the preparation, other than embalming, and holding of	92783
dead human bodies. The holding room shall contain only the	92784
articles and facilities necessary for those purposes.	92785

(3) Except as provided in division (B) of section 4717.11 of	92786
the Revised Code, a funeral home shall be established and operated	92787
only under the name of a holder of a funeral director's license	92788
issued by the board who is actually in charge of and ultimately	92789
responsible for the funeral home, and a funeral home license shall	92790
not include directional or geographical references in the name of	92791
the funeral home. The holder of the funeral home license shall be	92792
a funeral director licensed under this chapter who is actually in	92793
charge of and ultimately responsible for the funeral home.	92794
Nothing in division (B)(3) of this section prohibits the holder of	92795
a funeral home license from including directional or geographical	92796
references in promotional or advertising materials identifying the	92797
location of the funeral home.	92798

(4) Each funeral home shall be directly supervised by a	92799
funeral director licensed under this chapter, who ~~shall~~may	92800
supervise ~~only~~more than one funeral home.	92801

(C)(1) The board shall issue a license to operate an	92802
embalming facility only for the address at which the embalming	92803
facility is operated. The license shall be displayed in a	92804
conspicuous place within the facility.	92805

(2) The embalming facility shall be adequately equipped and	92806
maintained in a sanitary manner. The embalming room at such a	92807
facility shall contain only the articles, facilities, and	92808
instruments necessary for its stated purpose. The embalming room	92809
shall be kept in a clean and sanitary condition and used only for	92810
the care and preparation of dead human bodies.	92811

(3) An embalming facility license shall be issued only to an	92812
embalmer licensed under division (B) of section 4717.05 of the	92813
Revised Code, who is actually in charge of the facility.	92814

(D)(1) The board shall issue a license to operate a crematory	92815
facility only for the address at which the crematory facility is	92816
located and operated. The license shall be displayed in a	92817
conspicuous place within the crematory facility.	92818

(2) The crematory facility shall be adequately equipped and	92819
maintained in a clean and sanitary manner. The crematory facility	92820
may be located in a funeral home, embalming facility, cemetery	92821
building, or other building in which the crematory facility may	92822
lawfully operate. If a crematory facility engages in the cremation	92823
of animals, the crematory facility shall cremate animals in a	92824
cremation chamber that also is not used to cremate dead human	92825
bodies or human body parts and shall not cremate animals in a	92826
cremation chamber used for the cremation of dead human bodies and	92827
human body parts. Cremation chambers that are used for the	92828
cremation of dead human bodies or human body parts and cremation	92829
chambers used for the cremation of animals may be located in the	92830
same area.	92831

(3) A license to operate a crematory facility shall be issued	92832
to the person actually in charge of the crematory facility. This	92833
section does not require the individual who is actually in charge	92834
of the crematory facility to be an embalmer or funeral director	92835
licensed under this chapter.	92836

(4) Nothing in this section or rules adopted under section	92837
4717.04 of the Revised Code precludes the establishment and	92838
operation of a crematory facility on or adjacent to the property	92839
on which a cemetery, funeral home, or embalming facility is	92840
located.	92841

Sec. 4717.07. (A) The board of embalmers and funeral	92842
directors shall charge and collect the following fees:	92843

(1) For the initial issuance or biennial renewal of an	92844
embalmer's or funeral director's license, one hundred ~~forty~~fifty	92845
dollars;	92846

(2) For the issuance of an embalmer or funeral director	92847
registration, twenty-five dollars;	92848

(3) For filing an embalmer or funeral director certificate of	92849
apprenticeship, ten dollars;	92850

(4) For the application to take the examination for a license	92851
to practice as an embalmer or funeral director, or to retake a	92852
section of the examination, thirty-five dollars;	92853

(5) For the initial issuance of a license to operate a	92854
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	92855
of a license to operate a funeral home, ~~two~~three hundred fifty	92856
dollars;	92857

(6) For the reinstatement of a lapsed embalmer's or funeral	92858
director's license, the renewal fee prescribed in division (A)(1)	92859
of this section plus fifty dollars for each month or portion of a	92860
month the license is lapsed ~~until reinstatement~~, but not more than	92861
one thousand dollars;	92862

(7) For the reinstatement of a lapsed license to operate a	92863
funeral home, the renewal fee prescribed in division (A)(5) of	92864
this section plus fifty dollars for each month or portion of a	92865
month the license is lapsed until reinstatement;	92866

(8) For the initial issuance of a license to operate an	92867
embalming facility, ~~two~~three hundred fifty dollars and biennial	92868
renewal of a license to operate an embalming facility, ~~two~~three	92869
hundred fifty dollars;	92870

(9) For the reinstatement of a lapsed license to operate an	92871
embalming facility, the renewal fee prescribed in division (A)(8)	92872
of this section plus fifty dollars for each month or portion of a	92873
month the license is lapsed until reinstatement;	92874

(10) For the initial issuance of a license to operate a	92875
crematory facility, ~~two~~three hundred fifty dollars and biennial	92876
renewal of a license to operate a crematory facility, ~~two~~three	92877
hundred fifty dollars;	92878

(11) For the reinstatement of a lapsed license to operate a	92879
crematory facility, the renewal fee prescribed in division (A)(10)	92880
of this section plus fifty dollars for each month or portion of a	92881
month the license is lapsed until reinstatement;	92882

(12) For the issuance of a duplicate of a license issued	92883
under this chapter, ~~four~~ten dollars.	92884

(B) In addition to the fees set forth in division (A) of this	92885
section, an applicant shall pay the examination fee assessed by	92886
any examining agency the board uses for any section of an	92887
examination required under this chapter.	92888

(C) Subject to the approval of the controlling board, the	92889
board of embalmers and funeral directors may establish fees in	92890
excess of the amounts set forth in this section, provided that	92891
these fees do not exceed the amounts set forth in this section by	92892
more than fifty per cent.	92893

Sec. 4717.10. (A) The board of embalmers and funeral	92894
directors may recognize licenses issued to embalmers and funeral	92895
directors by other states, and upon presentation of such licenses,	92896
may issue to the holder an embalmer's or funeral director's	92897
license under this chapter. The board shall charge the same fee as	92898
prescribed in section 4717.07 of the Revised Code to issue or	92899
renew such an embalmer's or funeral director's license. Such	92900
licenses shall be renewed ~~annually~~biennially as provided in	92901
section 4717.08 of the Revised Code. The board shall not issue a	92902
license to any person under this section unless the applicant	92903
proves that the applicant, in the state in which the applicant is	92904
licensed, has complied with requirements substantially equal to	92905
those established in section 4717.05 of the Revised Code.	92906

(B) The board of embalmers and funeral directors may issue	92907
courtesy cards. A courtesy cardholder shall be authorized to	92908
undertake both the following acts in this state:	92909

(1) Prepare and complete those sections of a death	92910
certificate and other permits needed for disposition of deceased	92911
human remains in this state and sign and file such death	92912
certificates and permits;	92913

(2) Supervise and conduct funeral ceremonies and interments	92914
in this state.	92915

(C) The board of embalmers and funeral directors may	92916
determine under what conditions a courtesy card may be issued to	92917
funeral directors in bordering states after taking into account	92918
whether and under what conditions and fees such border states	92919
issue similar courtesy cards to funeral directors licensed in this	92920
state. Applicants for courtesy cards shall apply on forms	92921
prescribed by the board, pay ~~an annual~~a biennial fee set by the	92922
board for initial applications and renewals, and adhere to such	92923
other requirements imposed by the board on courtesy cardholders.	92924

(D) No courtesy cardholder shall be authorized to undertake	92925
any of the following activities in this state:	92926

(1) Arranging funerals or disposition services with members	92927
of the public in this state;	92928

(2) Be employed by or under contract to a funeral home	92929
licensed in this state to perform funeral services in this state;	92930

(3) Advertise funeral or disposition services in this state;

92931

(4) Enter into or execute funeral or disposition contracts in	92932
this state;	92933

(5) Prepare or embalm deceased human remains in this state;

92934

(6) Arrange for or carry out the disinterment of human	92935
remains in this state.	92936

(E) As used in this section, "courtesy card" means a special	92937
permit that may be issued to a funeral director licensed in a	92938
state that borders this state and who does not hold a funeral	92939
director's license under this chapter.	92940

Sec. 4717.14. (A) The board of embalmers and funeral	92941
directors may refuse to grant or renew, or may suspend or revoke,	92942
any license issued under this chapter or may require the holder of	92943
a license to take corrective action courses for any of the	92944
following reasons:	92945

(1) The license was obtained by fraud or misrepresentation	92946
either in the application or in passing the examination.	92947

(2) The applicant or licensee has been convicted of or has	92948
pleaded guilty to a felony or of any crime involving moral	92949
turpitude.	92950

(3) The applicant or licensee has purposely violated any	92951
provision of sections 4717.01 to 4717.15 or a rule adopted under	92952
any of those sections; division (A) or (B) of section 4717.23;	92953
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	92954
or divisions (H) to (K) of section 4717.26; division (D)(1) of	92955
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	92956
Revised Code; any rule or order of the department of health or a	92957
board of health of a health district governing the disposition of	92958
dead human bodies; or any other rule or order applicable to the	92959
applicant or licensee.	92960

(4) The applicant or licensee has committed immoral or	92961
unprofessional conduct.	92962

(5) The applicant or licensee knowingly permitted an	92963
unlicensed person, other than a person serving an apprenticeship,	92964
to engage in the profession or business of embalming or funeral	92965
directing under the applicant's or licensee's supervision.	92966

(6) The applicant or licensee has been habitually	92967
intoxicated, or is addicted to the use of morphine, cocaine, or	92968
other habit-forming or illegal drugs.	92969

(7) The applicant or licensee has refused to promptly submit	92970
the custody of a dead human body upon the express order of the	92971
person legally entitled to the body.	92972

(8) The licensee loaned the licensee's own license, or the	92973
applicant or licensee borrowed or used the license of another	92974
person, or knowingly aided or abetted the granting of an improper	92975
license.	92976

(9) The applicant or licensee transferred a license to	92977
operate a funeral home, embalming facility, or crematory from one	92978
owner or operator to another, or from one location to another,	92979
without notifying the board.	92980

(10) The applicant or licensee misled the public by using	92981
false or deceptive advertising.	92982

(B)(1) The board of embalmers and funeral directors shall	92983
refuse to grant or renew, or shall suspend or revoke, an	92984
embalmer's, funeral director's, funeral home, or embalming	92985
facility license only in accordance with Chapter 119. of the	92986
Revised Code.	92987

(2) The board shall send to the crematory review board	92988
written notice that it proposes to refuse to issue or renew, or	92989
proposes to suspend or revoke, a license to operate a crematory	92990
facility. If, after the conclusion of the adjudicatory hearing on	92991
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	92992
the Revised Code, the board of embalmers and funeral directors	92993
finds that any of the circumstances described in divisions (A)(1)	92994
to (10) of this section apply to the person named in its proposed	92995
action, the board may issue a final order under division ~~(E)~~(F) of	92996
section 4717.03 of the Revised Code refusing to issue or renew, or	92997
suspending or revoking, the person's license to operate a	92998
crematory facility.	92999

(C) If the board of embalmers and funeral directors	93000
determines that there is clear and convincing evidence that any of	93001
the circumstances described in divisions (A)(1) to (10) of this	93002
section apply to the holder of a license issued under this chapter	93003
and that the licensee's continued practice presents a danger of	93004
immediate and serious harm to the public, the board may suspend	93005
the licensee's license without a prior adjudicatory hearing. The	93006
executive director of the board shall prepare written allegations	93007
for consideration by the board.	93008

The board, after reviewing the written allegations, may	93009
suspend a license without a prior hearing.	93010

The board shall issue a written order of suspension by a	93011
delivery system or in person in accordance with section 119.07 of	93012
the Revised Code. Such an order is not subject to suspension by	93013
the court during the pendency of any appeal filed under section	93014
119.12 of the Revised Code. If the holder of an embalmer's,	93015
funeral director's, funeral home, or embalming facility license	93016
requests an adjudicatory hearing by the board, the date set for	93017
the hearing shall be within fifteen days, but not earlier than	93018
seven days, after the licensee has requested a hearing, unless the	93019
board and the licensee agree to a different time for holding the	93020
hearing.	93021

Upon issuing a written order of suspension to the holder of a	93022
license to operate a crematory facility, the board of embalmers	93023
and funeral directors shall send written notice of the issuance of	93024
the order to the crematory review board. The crematory review	93025
board shall hold an adjudicatory hearing on the order under	93026
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	93027
fifteen days, but not earlier than seven days, after the issuance	93028
of the order, unless the crematory review board and the licensee	93029
agree to a different time for holding the adjudicatory hearing.	93030

Any summary suspension imposed under this division shall	93031
remain in effect, unless reversed on appeal, until a final	93032
adjudicatory order issued by the board of embalmers and funeral	93033
directors pursuant to this division and Chapter 119. of the	93034
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	93035
Code, as applicable, becomes effective. The board of embalmers and	93036
funeral directors shall issue its final adjudicatory order within	93037
sixty days after the completion of its hearing or, in the case of	93038
the summary suspension of a license to operate a crematory	93039
facility, within sixty days after completion of the adjudicatory	93040
hearing by the crematory review board. A failure to issue the	93041
order within that time results in the dissolution of the summary	93042
suspension order, but does not invalidate any subsequent final	93043
adjudicatory order.	93044

(D) If the board of embalmers and funeral directors suspends	93045
or revokes a license held by a funeral director or a funeral home	93046
for any reason identified in division (A) of this section, the	93047
board may file a complaint with the court of common pleas in the	93048
county where the violation occurred requesting appointment of a	93049
receiver and the sequestration of the assets of the funeral home	93050
that held the suspended or revoked license or the licensed funeral	93051
home that employs the funeral director that held the suspended or	93052
revoked license. If the court of common pleas is satisfied with	93053
the application for a receivership, the court may appoint a	93054
receiver.	93055

The board or a receiver may employ and procure whatever	93056
assistance or advice is necessary in the receivership or	93057
liquidation and distribution of the assets of the funeral home,	93058
and, for that purpose, may retain officers or employees of the	93059
funeral home as needed. All expenses of the receivership or	93060
liquidation shall be paid from the assets of the funeral home and	93061
shall be a lien on those assets, and that lien shall be a priority	93062
to any other lien.	93063

(E) Any holder of a license issued under this chapter who has	93064
pleaded guilty to, has been found by a judge or jury to be guilty	93065
of, or has had a judicial finding of eligibility for treatment in	93066
lieu of conviction entered against the individual in this state	93067
for aggravated murder, murder, voluntary manslaughter, felonious	93068
assault, kidnapping, rape, sexual battery, gross sexual	93069
imposition, aggravated arson, aggravated robbery, or aggravated	93070
burglary, or who has pleaded guilty to, has been found by a judge	93071
or jury to be guilty of, or has had a judicial finding of	93072
eligibility for treatment in lieu of conviction entered against	93073
the individual in another jurisdiction for any substantially	93074
equivalent criminal offense, is hereby suspended from practice	93075
under this chapter by operation of law, and any license issued to	93076
the individual under this chapter is hereby suspended by operation	93077
of law as of the date of the guilty plea, verdict or finding of	93078
guilt, or judicial finding of eligibility for treatment in lieu of	93079
conviction, regardless of whether the proceedings are brought in	93080
this state or another jurisdiction. The board shall notify the	93081
suspended individual of the suspension of the individual's license	93082
by the operation of this division by a delivery system or in	93083
person in accordance with section 119.07 of the Revised Code. If	93084
an individual whose license is suspended under this division fails	93085
to make a timely request for an adjudicatory hearing, the board	93086
shall enter a final order revoking the license.	93087

(F) No person whose license has been suspended or revoked	93088
under or by the operation of this section shall practice embalming	93089
or funeral directing or operate a funeral home, embalming	93090
facility, or crematory facility until the board has reinstated the	93091
person's license.	93092

Sec. 4717.15. (A) The board of embalmers and funeral	93093
directors, without the necessity for conducting a prior	93094
adjudication hearing, may issue a notice of violation to the	93095
holder of an embalmer's, funeral director's, funeral home, or	93096
embalming facility license issued under this chapter who the board	93097
finds has committed any of the violations described in divisions	93098
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	93099
notice shall set forth the specific violation committed by the	93100
licensee and shall be sent by certified mail. The notice shall be	93101
accompanied by an order requiring the payment of the appropriate	93102
forfeiture prescribed in rules adopted under division (A)(9) of	93103
section 4717.04 of the Revised Code and by a notice informing the	93104
licensee that the licensee is entitled to an adjudicatory hearing	93105
on the notice of violation and order if the licensee requests a	93106
hearing and if the board receives the request within thirty days	93107
after the mailing of the notice of violation and order. The board	93108
shall conduct any such adjudicatory hearing in accordance with	93109
Chapter 119. of the Revised Code, except as otherwise provided in	93110
this division.	93111

A licensee who receives a notice of violation and order under	93112
this division shall pay to the executive director of the board the	93113
full amount of the forfeiture by certified check within thirty	93114
days after the notice of violation and order were mailed to the	93115
licensee unless, within that time, the licensee submits a request	93116
for an adjudicatory hearing on the notice of violation and order.	93117
If such a request for an adjudicatory hearing is timely filed, the	93118
licensee need not pay the forfeiture to the executive director	93119
until after a final, nonappealable administrative or judicial	93120
decision is rendered on the order requiring payment of the	93121
forfeiture. If a final nonappealable administrative or judicial	93122
decision is rendered affirming the board's order, the licensee	93123
shall pay to the executive director of the board the full amount	93124
of the forfeiture by certified check within thirty days after	93125
notice of the decision was sent to the licensee. A forfeiture is	93126
considered to be paid when the licensee's certified check is	93127
received by the executive director in Columbus. If the licensee	93128
fails to so pay the full amount of the forfeiture to the executive	93129
director within that time, the board shall issue an order	93130
suspending or revoking the individual's license, as the board	93131
considers appropriate.	93132

(B) The board shall send to the crematory review board	93133
written notice that it proposes to issue to the holder of a	93134
license to operate a crematory facility issued under this chapter	93135
a notice of violation and order requiring payment of a forfeiture	93136
specified in rules adopted under division (A)(9) of section	93137
4717.04 of the Revised Code. If, after the conclusion of the	93138
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	93139
of section 4717.03 of the Revised Code, the board of embalmers and	93140
funeral directors finds that the licensee has committed any of the	93141
violations described in divisions (A)(9)(a) to (g) of section	93142
4717.04 of the Revised Code in connection with the operation of a	93143
crematory facility or cremation, the board of embalmers and	93144
funeral directors may issue a final order under division ~~(E)~~(F) of	93145
section 4717.03 of the Revised Code requiring payment of the	93146
appropriate forfeiture specified in rules adopted under division	93147
(A)(9) of section 4717.04 of the Revised Code. A licensee who	93148
receives such an order shall pay the full amount of the forfeiture	93149
to the executive director by certified check within thirty days	93150
after the order was sent to the licensee unless, within that time,	93151
the licensee files a notice of appeal in accordance with division	93152
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	93153
If such a notice of appeal is timely filed, the licensee need not	93154
pay the forfeiture to the executive director until after a final,	93155
nonappealable judicial decision is rendered in the appeal. If a	93156
final, nonappealable judicial decision is rendered affirming the	93157
board's order, the licensee shall pay to the executive director	93158
the full amount of the forfeiture by certified check within thirty	93159
days after notice of the decision was sent to the licensee. A	93160
forfeiture is considered paid when the licensee's certified check	93161
is received by the executive director in Columbus. If the licensee	93162
fails to so pay the full amount of the forfeiture to the executive	93163
director within that time, the board shall issue an order	93164
suspending or revoking the individual's license, as the board	93165
considers appropriate.	93166

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	93167
the Revised Code:	93168

(1) "Affiliate" means a business entity that is owned by,	93169
operated by, controlled by, or under common control with another	93170
business entity.	93171

(2) "Communication" means a written or oral notification or	93172
advertisement that meets both of the following criteria, as	93173
applicable:	93174

(a) The notification or advertisement is transmitted by or on	93175
behalf of the seller of goods or services and by or through any	93176
printed, audio, video, cinematic, telephonic, or electronic means.	93177

(b) In the case of a notification or advertisement other than	93178
by telephone, either of the following conditions is met:	93179

(i) The notification or advertisement is followed by a	93180
telephone call from a telephone solicitor or salesperson.	93181

(ii) The notification or advertisement invites a response by	93182
telephone, and, during the course of that response, a telephone	93183
solicitor or salesperson attempts to make or makes a sale of goods	93184
or services. As used in division (A)(2)(b)(ii) of this section,	93185
"invites a response by telephone" excludes the mere listing or	93186
inclusion of a telephone number in a notification or	93187
advertisement.	93188

(3) "Gift, award, or prize" means anything of value that is	93189
offered or purportedly offered, or given or purportedly given by	93190
chance, at no cost to the receiver and with no obligation to	93191
purchase goods or services. As used in this division, "chance"	93192
includes a situation in which a person is guaranteed to receive an	93193
item and, at the time of the offer or purported offer, the	93194
telephone solicitor does not identify the specific item that the	93195
person will receive.	93196

(4) "Goods or services" means any real property or any	93197
tangible or intangible personal property, or services of any kind	93198
provided or offered to a person. "Goods or services" includes, but	93199
is not limited to, advertising; labor performed for the benefit of	93200
a person; personal property intended to be attached to or	93201
installed in any real property, regardless of whether it is so	93202
attached or installed; timeshare estates or licenses; and extended	93203
service contracts.	93204

(5) "Purchaser" means a person that is solicited to become or	93205
does become financially obligated as a result of a telephone	93206
solicitation.	93207

(6) "Salesperson" means an individual who is employed,	93208
appointed, or authorized by a telephone solicitor to make	93209
telephone solicitations but does not mean any of the following:	93210

(a) An individual who comes within one of the exemptions in	93211
division (B) of this section;	93212

(b) An individual employed, appointed, or authorized by a	93213
person who comes within one of the exemptions in division (B) of	93214
this section;	93215

(c) An individual under a written contract with a person who	93216
comes within one of the exemptions in division (B) of this	93217
section, if liability for all transactions with purchasers is	93218
assumed by the person so exempted.	93219

(7) "Telephone solicitation" means a communication to a	93220
person that meets both of the following criteria:	93221

(a) The communication is initiated by or on behalf of a	93222
telephone solicitor or by a salesperson.	93223

(b) The communication either represents a price or the	93224
quality or availability of goods or services or is used to induce	93225
the person to purchase goods or services, including, but not	93226
limited to, inducement through the offering of a gift, award, or	93227
prize.	93228

(8) "Telephone solicitor" means a person that engages in	93229
telephone solicitation directly or through one or more	93230
salespersons either from a location in this state, or from a	93231
location outside this state to persons in this state. "Telephone	93232
solicitor" includes, but is not limited to, any such person that	93233
is an owner, operator, officer, or director of, partner in, or	93234
other individual engaged in the management activities of, a	93235
business.	93236

(B) A telephone solicitor is exempt from the provisions of	93237
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	93238
Code if the telephone solicitor is any one of the following:	93239

(1) A person engaging in a telephone solicitation that is a	93240
one-time or infrequent transaction not done in the course of a	93241
pattern of repeated transactions of a like nature;	93242

(2) A person engaged in telephone solicitation solely for	93243
religious or political purposes; a charitable organization,	93244
fund-raising counsel, or professional solicitor in compliance with	93245
the registration and reporting requirements of Chapter 1716. of	93246
the Revised Code; or any person or other entity exempt under	93247
section 1716.03 of the Revised Code from filing a registration	93248
statement under section 1716.02 of the Revised Code;	93249

(3) A person, making a telephone solicitation involving a	93250
home solicitation sale as defined in section 1345.21 of the	93251
Revised Code, that makes the sales presentation and completes the	93252
sale at a later, face-to-face meeting between the seller and the	93253
purchaser rather than during the telephone solicitation. However,	93254
if the person, following the telephone solicitation, causes	93255
another person to collect the payment of any money, this exemption	93256
does not apply.	93257

(4) A licensed securities, commodities, or investment broker,	93258
dealer, investment advisor, or associated person when making a	93259
telephone solicitation within the scope of the person's license.	93260
As used in division (B)(4) of this section, "licensed securities,	93261
commodities, or investment broker, dealer, investment advisor, or	93262
associated person" means a person subject to licensure or	93263
registration as such by the securities and exchange commission;	93264
the National Association of Securities Dealers or other	93265
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	93266
the division of securities under Chapter 1707. of the Revised	93267
Code; or by an official or agency of any other state of the United	93268
States.	93269

(5)(a) A person primarily engaged in soliciting the sale of a	93270
newspaper of general circulation;	93271

(b) As used in division (B)(5)(a) of this section, "newspaper	93272
of general circulation" includes, but is not limited to, both of	93273
the following:	93274

(i) A newspaper that is a daily law journal designated as an	93275
official publisher of court calendars pursuant to section 2701.09	93276
of the Revised Code;	93277

(ii) A newspaper or publication that has at least twenty-five	93278
per cent editorial, non-advertising content, exclusive of inserts,	93279
measured relative to total publication space, and an audited	93280
circulation to at least fifty per cent of the households in the	93281
newspaper's retail trade zone as defined by the audit.	93282

(6)(a) An issuer, or its subsidiary, that has a class of	93283
securities to which all of the following apply:	93284

(i) The class of securities is subject to section 12 of the	93285
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	93286
registered or is exempt from registration under 15 U.S.C.A.	93287
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	93288

(ii) The class of securities is listed on the New York stock	93289
exchange, the American stock exchange, or the NASDAQ national	93290
market system;	93291

(iii) The class of securities is a reported security as	93292
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	93293

(b) An issuer, or its subsidiary, that formerly had a class	93294
of securities that met the criteria set forth in division	93295
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	93296
net worth in excess of one hundred million dollars, files or its	93297
parent files with the securities and exchange commission an S.E.C.	93298
form 10-K, and has continued in substantially the same business	93299
since it had a class of securities that met the criteria in	93300
division (B)(6)(a) of this section. As used in division (B)(6)(b)	93301
of this section, "issuer" and "subsidiary" include the successor	93302
to an issuer or subsidiary.	93303

(7) A person soliciting a transaction regulated by the	93304
commodity futures trading commission, if the person is registered	93305
or temporarily registered for that activity with the commission	93306
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	93307
registration has not expired or been suspended or revoked;	93308

(8) A person soliciting the sale of any book, record, audio	93309
tape, compact disc, or video, if the person allows the purchaser	93310
to review the merchandise for at least seven days and provides a	93311
full refund within thirty days to a purchaser who returns the	93312
merchandise or if the person solicits the sale on behalf of a	93313
membership club operating in compliance with regulations adopted	93314
by the federal trade commission in 16 C.F.R. 425;	93315

(9) A supervised financial institution or its subsidiary. As	93316
used in division (B)(9) of this section, "supervised financial	93317
institution" means a bank, trust company, savings and loan	93318
association, savings bank, credit union, industrial loan company,	93319
consumer finance lender, commercial finance lender, or institution	93320
described in section 2(c)(2)(F) of the "Bank Holding Company Act	93321
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	93322
official or agency of the United States, this state, or any other	93323
state of the United States; or a licensee or registrant under	93324
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	93325
1321.83 of the Revised Code.	93326

(10)(a) An insurance company, association, or other	93327
organization that is licensed or authorized to conduct business in	93328
this state by the superintendent of insurance pursuant to Title	93329
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	93330
when soliciting within the scope of its license or authorization.	93331

(b) A licensed insurance broker, agent, or solicitor when	93332
soliciting within the scope of the person's license. As used in	93333
division (B)(10)(b) of this section, "licensed insurance broker,	93334
agent, or solicitor" means any person licensed as an insurance	93335
broker, agent, or solicitor by the superintendent of insurance	93336
pursuant to Title XXXIX of the Revised Code.	93337

(11) A person soliciting the sale of services provided by a	93338
cable television system operating under authority of a	93339
governmental franchise or permit;	93340

(12) A person soliciting a business-to-business sale under	93341
which any of the following conditions are met:	93342

(a) The telephone solicitor has been operating continuously	93343
for at least three years under the same business name under which	93344
it solicits purchasers, and at least fifty-one per cent of its	93345
gross dollar volume of sales consists of repeat sales to existing	93346
customers to whom it has made sales under the same business name.	93347

(b) The purchaser business intends to resell the goods	93348
purchased.	93349

(c) The purchaser business intends to use the goods or	93350
services purchased in a recycling, reuse, manufacturing, or	93351
remanufacturing process.	93352

(d) The telephone solicitor is a publisher of a periodical or	93353
of magazines distributed as controlled circulation publications as	93354
defined in division (CC) of section 5739.01 of the Revised Code	93355
and is soliciting sales of advertising, subscriptions, reprints,	93356
lists, information databases, conference participation or	93357
sponsorships, trade shows or media products related to the	93358
periodical or magazine, or other publishing services provided by	93359
the controlled circulation publication.	93360

(13) A person that, not less often than once each year,	93361
publishes and delivers to potential purchasers a catalog that	93362
complies with both of the following:	93363

(a) It includes all of the following:

93364

(i) The business address of the seller;

93365

(ii) A written description or illustration of each good or	93366
service offered for sale;	93367

(iii) A clear and conspicuous disclosure of the sale price of	93368
each good or service; shipping, handling, and other charges; and	93369
return policy.	93370

(b) One of the following applies:

93371

(i) The catalog includes at least twenty-four pages of	93372
written material and illustrations, is distributed in more than	93373
one state, and has an annual postage-paid mail circulation of not	93374
less than two hundred fifty thousand households;	93375

(ii) The catalog includes at least ten pages of written	93376
material or an equivalent amount of material in electronic form on	93377
the internet or an on-line computer service, the person does not	93378
solicit customers by telephone but solely receives telephone calls	93379
made in response to the catalog, and during the calls the person	93380
takes orders but does not engage in further solicitation of the	93381
purchaser. As used in division (B)(13)(b)(ii) of this section,	93382
"further solicitation" does not include providing the purchaser	93383
with information about, or attempting to sell, any other item in	93384
the catalog that prompted the purchaser's call or in a	93385
substantially similar catalog issued by the seller.	93386

(14) A political subdivision or instrumentality of the United	93387
States, this state, or any state of the United States;	93388

(15) A college or university or any other public or private	93389
institution of higher education in this state;	93390

(16) A public utility as defined in section 4905.02 of the	93391
Revised Code or a retail natural gas supplier as defined in	93392
section 4929.01 of the Revised Code, if the utility or supplier is	93393
subject to regulation by the public utilities commission, or the	93394
affiliate of the utility or supplier;	93395

(17) A person that solicits sales through a television	93396
program or advertisement that is presented in the same market area	93397
no fewer than twenty days per month or offers for sale no fewer	93398
than ten distinct items of goods or services; and offers to the	93399
purchaser an unconditional right to return any good or service	93400
purchased within a period of at least seven days and to receive a	93401
full refund within thirty days after the purchaser returns the	93402
good or cancels the service;	93403

(18)(a) A person that, for at least one year, has been	93404
operating a retail business under the same name as that used in	93405
connection with telephone solicitation and both of the following	93406
occur on a continuing basis:	93407

(i) The person either displays goods and offers them for	93408
retail sale at the person's business premises or offers services	93409
for sale and provides them at the person's business premises.	93410

(ii) At least fifty-one per cent of the person's gross dollar	93411
volume of retail sales involves purchases of goods or services at	93412
the person's business premises.	93413

(b) An affiliate of a person that meets the requirements in	93414
division (B)(18)(a) of this section if the affiliate meets all of	93415
the following requirements:	93416

(i) The affiliate has operated a retail business for a period	93417
of less than one year;	93418

(ii) The affiliate either displays goods and offers them for	93419
retail sale at the affiliate's business premises or offers	93420
services for sale and provides them at the affiliate's business	93421
premises;	93422

(iii) At least fifty-one per cent of the affiliate's gross	93423
dollar volume of retail sales involves purchases of goods or	93424
services at the affiliate's business premises.	93425

(c) A person that, for a period of less than one year, has	93426
been operating a retail business in this state under the same name	93427
as that used in connection with telephone solicitation, as long as	93428
all of the following requirements are met:	93429

(i) The person either displays goods and offers them for	93430
retail sale at the person's business premises or offers services	93431
for sale and provides them at the person's business premises;	93432

(ii) The goods or services that are the subject of telephone	93433
solicitation are sold at the person's business premises, and at	93434
least sixty-five per cent of the person's gross dollar volume of	93435
retail sales involves purchases of goods or services at the	93436
person's business premises;	93437

(iii) The person conducts all telephone solicitation	93438
activities according to sections 310.3, 310.4, and 310.5 of the	93439
telemarketing sales rule adopted by the federal trade commission	93440
in 16 C.F.R. part 310.	93441

(19) A person who performs telephone solicitation sales	93442
services on behalf of other persons and to whom one of the	93443
following applies:	93444

(a) The person has operated under the same ownership,	93445
control, and business name for at least five years, and the person	93446
receives at least seventy-five per cent of its gross revenues from	93447
written telephone solicitation contracts with persons who come	93448
within one of the exemptions in division (B) of this section.	93449

(b) The person is an affiliate of one or more exempt persons	93450
and makes telephone solicitations on behalf of only the exempt	93451
persons of which it is an affiliate.	93452

(c) The person makes telephone solicitations on behalf of	93453
only exempt persons, the person and each exempt person on whose	93454
behalf telephone solicitations are made have entered into a	93455
written contract that specifies the manner in which the telephone	93456
solicitations are to be conducted and that at a minimum requires	93457
compliance with the telemarketing sales rule adopted by the	93458
federal trade commission in 16 C.F.R. part 310, and the person	93459
conducts the telephone solicitations in the manner specified in	93460
the written contract.	93461

(d) The person performs telephone solicitation for religious	93462
or political purposes, a charitable organization, a fund-raising	93463
council, or a professional solicitor in compliance with the	93464
registration and reporting requirements of Chapter 1716. of the	93465
Revised Code; and meets all of the following requirements:	93466

(i) The person has operated under the same ownership,	93467
control, and business name for at least five years, and the person	93468
receives at least fifty-one per cent of its gross revenues from	93469
written telephone solicitation contracts with persons who come	93470
within the exemption in division (B)(2) of this section;	93471

(ii) The person does not conduct a prize promotion or offer	93472
the sale of an investment opportunity;	93473

(iii) The person conducts all telephone solicitation	93474
activities according to sections 310.3, 310.4, and 310.5 of the	93475
telemarketing sales rules adopted by the federal trade commission	93476
in 16 C.F.R. part 310.	93477

(20) A person that is a licensed real estate salesperson or	93478
broker under Chapter 4735. of the Revised Code when soliciting	93479
within the scope of the person's license;	93480

(21)(a) Either of the following:

93481

(i) A publisher that solicits the sale of the publisher's	93482
periodical or magazine of general, paid circulation, or a person	93483
that solicits a sale of that nature on behalf of a publisher under	93484
a written agreement directly between the publisher and the person.	93485

(ii) A publisher that solicits the sale of the publisher's	93486
periodical or magazine of general, paid circulation, or a person	93487
that solicits a sale of that nature as authorized by a publisher	93488
under a written agreement directly with a publisher's	93489
clearinghouse provided the person is a resident of Ohio for more	93490
than three years and initiates all telephone solicitations from	93491
Ohio and the person conducts the solicitation and sale in	93492
compliance with 16 C.F.R. part 310, as adopted by the federal	93493
trade commission.	93494

(b) As used in division (B)(21) of this section, "periodical	93495
or magazine of general, paid circulation" excludes a periodical or	93496
magazine circulated only as part of a membership package or given	93497
as a free gift or prize from the publisher or person.	93498

(22) A person that solicits the sale of food, as defined in	93499
section 3715.01 of the Revised Code, or the sale of products of	93500
horticulture, as defined in section 5739.01 of the Revised Code,	93501
if the person does not intend the solicitation to result in, or	93502
the solicitation actually does not result in, a sale that costs	93503
the purchaser an amount greater than five hundred dollars.	93504

(23) A funeral director licensed pursuant to Chapter 4717. of	93505
the Revised Code when soliciting within the scope of that license,	93506
if both of the following apply:	93507

(a) The solicitation and sale are conducted in compliance	93508
with 16 C.F.R. part 453, as adopted by the federal trade	93509
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	93510
the Revised Code;	93511

(b) The person provides to the purchaser of any preneed	93512
funeral contract a notice that clearly and conspicuously sets	93513
forth the cancellation rights specified in division (G) of section	93514
1107.33 of the Revised Code, and retains a copy of the notice	93515
signed by the purchaser.	93516

(24) A person, or affiliate thereof, licensed to sell or	93517
issue Ohio instruments designated as travelers checks pursuant to	93518
sections 1315.01 to 1315.18 of the Revised Code.	93519

(25) A person that solicits sales from its previous	93520
purchasers and meets all of the following requirements:	93521

(a) The solicitation is made under the same business name	93522
that was previously used to sell goods or services to the	93523
purchaser;	93524

(b) The person has, for a period of not less than three	93525
years, operated a business under the same business name as that	93526
used in connection with telephone solicitation;	93527

(c) The person does not conduct a prize promotion or offer	93528
the sale of an investment opportunity;	93529

(d) The person conducts all telephone solicitation activities	93530
according to sections 310.3, 310.4, and 310.5 of the telemarketing	93531
sales rules adopted by the federal trade commission in 16 C.F.R.	93532
part 310;	93533

(e) Neither the person nor any of its principals has been	93534
convicted of, pleaded guilty to, or has entered a plea of no	93535
contest for a felony or a theft offense as defined in sections	93536
2901.02 and 2913.01 of the Revised Code or similar law of another	93537
state or of the United States;	93538

(f) Neither the person nor any of its principals has had	93539
entered against them an injunction or a final judgment or order,	93540
including an agreed judgment or order, an assurance of voluntary	93541
compliance, or any similar instrument, in any civil or	93542
administrative action involving engaging in a pattern of corrupt	93543
practices, fraud, theft, embezzlement, fraudulent conversion, or	93544
misappropriation of property; the use of any untrue, deceptive, or	93545
misleading representation; or the use of any unfair, unlawful,	93546
deceptive, or unconscionable trade act or practice.	93547

(26) An institution defined as a home health agency in	93548
section 3701.881 of the Revised Code, that conducts all telephone	93549
solicitation activities according to sections 310.3, 310.4, and	93550
310.5 of the telemarketing sales rules adopted by the federal	93551
trade commission in 16 C.F.R. part 310, and engages in telephone	93552
solicitation only within the scope of the institution's	93553
certification, accreditation, contract with the department of	93554
aging, or status as a home health agency; and that meets one of	93555
the following requirements:	93556

(a) The institution is certified as a provider of home health	93557
services under Title XVIII of the Social Security Act, 49 Stat.	93558
620, 42 U.S.C. 301, as amended;	93559

(b) The institution is accredited by either the joint	93560
commission on accreditation of health care organizations or the	93561
community health accreditation program;	93562

(c) The institution is providing ~~passport~~PASSPORT services	93563
under the direction of the ~~Ohio~~ department of aging under ~~section~~	93564
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	93565

(d) An affiliate of an institution that meets the	93566
requirements of division (B)(26)(a), (b), or (c) of this section	93567
when offering for sale substantially the same goods and services	93568
as those that are offered by the institution that meets the	93569
requirements of division (B)(26)(a), (b), or (c) of this section.	93570

(27) A person licensed by the department of health pursuant	93571
to section 3712.04 or 3712.041 of the Revised Code to provide a	93572
hospice care program or pediatric respite care program when	93573
conducting telephone solicitations within the scope of the	93574
person's license and according to sections 310.3, 310.4, and 310.5	93575
of the telemarketing sales rules adopted by the federal trade	93576
commission in 16 C.F.R. part 310.	93577

Sec. 4723.18. (A) The board of nursing shall authorize a	93578
licensed practical nurse to administer to an adult intravenous	93579
therapy if the nurse supplies evidence satisfactory to the board	93580
that all of the following are the case:	93581

(1) The nurse holds a current, valid license issued under	93582
this chapter to practice nursing as a licensed practical nurse.	93583

(2) The nurse has been authorized under section 4723.18 of	93584
the Revised Code to administer medications.	93585

(3) The nurse successfully completed a course of study in the	93586
safe performance of intravenous therapy approved by the board	93587
pursuant to section 4723.19 of the Revised Code or by an agency in	93588
another jurisdiction that regulates the practice of nursing and	93589
has requirements for intravenous therapy course approval that are	93590
substantially similar to the requirements in division (B) of	93591
section 4723.19 of the Revised Code, as determined by the board.	93592

(4) The nurse has successfully completed a minimum of forty	93593
hours of training that includes all of the following:	93594

(a) The curriculum established by rules adopted by the board;

93595

(b) Training in the anatomy and physiology of the	93596
cardiovascular system, signs and symptoms of local and systemic	93597
complications in the administration of fluids and antibiotic	93598
additives, and guidelines for management of these complications;	93599

(c) Any other training or instruction the board considers	93600
appropriate;	93601

(d) A testing component that requires the nurse to perform a	93602
successful demonstration of the intravenous procedures, including	93603
all skills needed to perform them safely.	93604

(B) Except as provided in section 4723.181 of the Revised	93605
Code and subject to the restrictions in division (D) of this	93606
section, a licensed practical nurse may perform intravenous	93607
therapy on an adult patient only if authorized by the board	93608
pursuant to division (A) of this section and only at the direction	93609
of one of the following:	93610

(1) A licensed physician, dentist, optometrist, or podiatrist	93611
who, except as provided in division (C)(2) of this section, is	93612
present and readily available at the facility where the	93613
intravenous therapy procedure is performed;	93614

(2) A registered nurse in accordance with division (C) of	93615
this section.	93616

(C)(1) Except as provided in division (C)(2) of this section	93617
and section 4723.181 of the Revised Code, when a licensed	93618
practical nurse authorized by the board to perform intravenous	93619
therapy performs an intravenous therapy procedure at the direction	93620
of a registered nurse, the registered nurse or another registered	93621
nurse shall be readily available at the site where the intravenous	93622
therapy is performed, and before the licensed practical nurse	93623
initiates the intravenous therapy, the registered nurse shall	93624
personally perform an on-site assessment of the adult patient who	93625
is to receive the intravenous therapy.	93626

(2) When a licensed practical nurse authorized by the board	93627
to perform intravenous therapy performs an intravenous therapy	93628
procedure in a home as defined in section 3721.10 of the Revised	93629
Code, or in an intermediate care facility for ~~the mentally~~	93630
~~retarded~~individuals with intellectual disabilities as defined in	93631
section ~~5111.20~~5124.01 of the Revised Code, at the direction of a	93632
registered nurse or licensed physician, dentist, optometrist, or	93633
podiatrist, a registered nurse shall be on the premises of the	93634
home or facility or accessible by some form of telecommunication.	93635

(D) No licensed practical nurse shall perform any of the	93636
following intravenous therapy procedures:	93637

(1) Initiating or maintaining any of the following:

93638

(a) Blood or blood components;

93639

(b) Solutions for total parenteral nutrition;

93640

(c) Any cancer therapeutic medication including, but not	93641
limited to, cancer chemotherapy or an anti-neoplastic agent;	93642

(d) Solutions administered through any central venous line or	93643
arterial line or any other line that does not terminate in a	93644
peripheral vein, except that a licensed practical nurse authorized	93645
by the board to perform intravenous therapy may maintain the	93646
solutions specified in division (D)(6)(a) of this section that are	93647
being administered through a central venous line or peripherally	93648
inserted central catheter;	93649

(e) Any investigational or experimental medication.

93650

(2) Initiating intravenous therapy in any vein, except that a	93651
licensed practical nurse authorized by the board to perform	93652
intravenous therapy may initiate intravenous therapy in accordance	93653
with this section in a vein of the hand, forearm, or antecubital	93654
fossa;	93655

(3) Discontinuing a central venous, arterial, or any other	93656
line that does not terminate in a peripheral vein;	93657

(4) Initiating or discontinuing a peripherally inserted	93658
central catheter;	93659

(5) Mixing, preparing, or reconstituting any medication for	93660
intravenous therapy, except that a licensed practical nurse	93661
authorized by the board to perform intravenous therapy may prepare	93662
or reconstitute an antibiotic additive;	93663

(6) Administering medication via the intravenous route,	93664
including all of the following activities:	93665

(a) Adding medication to an intravenous solution or to an	93666
existing infusion, except that a licensed practical nurse	93667
authorized by the board to perform intravenous therapy may do any	93668
of the following:	93669

(i) Initiate an intravenous infusion containing one or more	93670
of the following elements: dextrose 5%, normal saline, lactated	93671
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	93672
water;	93673

(ii) Hang subsequent containers of the intravenous solutions	93674
specified in division (D)(6)(a)(i) of this section that contain	93675
vitamins or electrolytes, if a registered nurse initiated the	93676
infusion of that same intravenous solution;	93677

(iii) Initiate or maintain an intravenous infusion containing	93678
an antibiotic additive.	93679

(b) Injecting medication via a direct intravenous route,	93680
except that a licensed practical nurse authorized by the board to	93681
perform intravenous therapy may inject heparin or normal saline to	93682
flush an intermittent infusion device or heparin lock including,	93683
but not limited to, bolus or push.	93684

(7) Changing tubing on any line including, but not limited	93685
to, an arterial line or a central venous line, except that a	93686
licensed practical nurse authorized by the board to perform	93687
intravenous therapy may change tubing on an intravenous line that	93688
terminates in a peripheral vein;	93689

(8) Programming or setting any function of a patient	93690
controlled infusion pump.	93691

(E) Notwithstanding divisions (A) and (D) of this section, at	93692
the direction of a physician or a registered nurse, a licensed	93693
practical nurse authorized by the board to perform intravenous	93694
therapy may perform the following activities for the purpose of	93695
performing dialysis:	93696

(1) The routine administration and regulation of saline	93697
solution for the purpose of maintaining an established fluid plan;	93698

(2) The administration of a heparin dose intravenously;

93699

(3) The administration of a heparin dose peripherally via a	93700
fistula needle;	93701

(4) The loading and activation of a constant infusion pump;

93702

(5) The intermittent injection of a dose of medication that	93703
is administered via the hemodialysis blood circuit and through the	93704
patient's venous access.	93705

(F) No person shall employ or direct a licensed practical	93706
nurse to perform an intravenous therapy procedure without first	93707
verifying that the licensed practical nurse is authorized by the	93708
board to perform intravenous therapy.	93709

Sec. 4723.35. (A) As used in this section, "chemical	93710
dependency" means either of the following:	93711

(1) The chronic and habitual use of alcoholic beverages to	93712
the extent that the user no longer can control the use of alcohol	93713
or endangers the user's health, safety, or welfare or that of	93714
others;	93715

(2) The use of a controlled substance as defined in section	93716
3719.01 of the Revised Code, a harmful intoxicant as defined in	93717
section 2925.01 of the Revised Code, or a dangerous drug as	93718
defined in section 4729.01 of the Revised Code, to the extent that	93719
the user becomes physically or psychologically dependent on the	93720
substance, intoxicant, or drug or endangers the user's health,	93721
safety, or welfare or that of others.	93722

(B) The board of nursing may abstain from taking disciplinary	93723
action under section 4723.28 or 4723.86 of the Revised Code	93724
against an individual with a chemical dependency if it finds that	93725
the individual can be treated effectively and there is no	93726
impairment of the individual's ability to practice according to	93727
acceptable and prevailing standards of safe care. The board shall	93728
establish a chemical dependency monitoring program to monitor the	93729
registered nurses, licensed practical nurses, dialysis	93730
technicians, and certified community health workers against whom	93731
the board has abstained from taking action. The board shall	93732
develop the program, select the program's name, and designate a	93733
coordinator to administer the program.	93734

(C) Determinations regarding an individual's eligibility for	93735
admission to, continued participation in, and successful	93736
completion of the monitoring program shall be made by the board's	93737
supervising member for disciplinary matters in accordance with	93738
rules adopted under division (D) of this section.	93739

(D) The board shall adopt rules in accordance with Chapter	93740
119. of the Revised Code that establish the following:	93741

(1) Eligibility requirements for admission to and continued	93742
participation in the monitoring program;	93743

(2) Terms and conditions that must be met to participate in	93744
and successfully complete the program;	93745

(3) Procedures for keeping confidential records regarding	93746
participants;	93747

(4) Any other requirements or procedures necessary to	93748
establish and administer the program.	93749

(E)(1) As a condition of being admitted to the monitoring	93750
program, an individual shall surrender to the program coordinator	93751
the license or certificate that the individual holds. While the	93752
surrender is in effect, the individual is prohibited from engaging	93753
in the practice of nursing, engaging in the provision of dialysis	93754
care, or engaging in the provision of services that were being	93755
provided as a certified community health worker.	93756

If the board's supervising member for disciplinary matters	93757
determines that a participant is capable of resuming practice	93758
according to acceptable and prevailing standards of safe care, the	93759
program coordinator shall return the participant's license or	93760
certificate. If the participant violates the terms and conditions	93761
of resumed practice, the coordinator shall require the participant	93762
to surrender the license or certificate as a condition of	93763
continued participation in the program. The coordinator may	93764
require the surrender only on the approval of the board's	93765
supervising member for disciplinary matters.	93766

The surrender of a license or certificate on admission to the	93767
monitoring program or while participating in the program does not	93768
constitute an action by the board under section 4723.28 or 4723.86	93769
of the Revised Code. The participant may rescind the surrender at	93770
any time and the board may proceed by taking action under section	93771
4723.28 or 4723.86 of the Revised Code.	93772

(2) If the program coordinator determines that a participant	93773
is significantly out of compliance with the terms and conditions	93774
for participation, the coordinator shall notify the board's	93775
supervising member for disciplinary matters and the supervising	93776
member shall determine whether to temporarily suspend the	93777
participant's license or certificate. The board shall notify the	93778
participant of the suspension by certified mail sent to the	93779
participant's last known address and shall refer the matter to the	93780
board for formal action under section 4723.28 or 4723.86 of the	93781
Revised Code.	93782

(F) All of the following apply with respect to the receipt,	93783
release, and maintenance of records and information by the	93784
monitoring program:	93785

(1) The program coordinator shall maintain all program	93786
records in the board's office, and for each participant, shall	93787
retain the records for a period of two years following the	93788
participant's date of successful completion of the program.	93789

(2) When applying to participate in the monitoring program,	93790
the applicant shall sign a waiver permitting the board to receive	93791
and release information necessary to determine whether the	93792
individual is eligible for admission. After being admitted, the	93793
participant shall sign a waiver permitting the board to receive	93794
and release information necessary to determine whether the	93795
individual is eligible for continued participation in the program.	93796
Information that may be necessary for the board's supervising	93797
member for disciplinary matters to determine eligibility for	93798
admission or continued participation in the monitoring program	93799
includes, but is not limited to, information provided to and by	93800
employers, probation officers, law enforcement agencies, peer	93801
assistance programs, health professionals, and treatment	93802
providers. No entity with knowledge that the information has been	93803
provided to the monitoring program shall divulge that knowledge to	93804
any other person.	93805

(3) Except as provided in division (F)(4) of this section,	93806
all records pertaining to an individual's application for or	93807
participation in the monitoring program, including medical	93808
records, treatment records, and mental health records, shall be	93809
confidential. The records are not public records for the purposes	93810
of section 149.43 of the Revised Code and are not subject to	93811
discovery by subpoena or admissible as evidence in any judicial	93812
proceeding.	93813

(4) The board may disclose information regarding a	93814
participant's progress in the program to any person or government	93815
entity that the participant authorizes in writing to be given the	93816
information. In disclosing information under this division, the	93817
board shall not include any information that is protected under	93818
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	93819
or regulation that provides for the confidentiality of medical,	93820
mental health, or substance abuse records.	93821

(G) In the absence of fraud or bad faith, the board as a	93822
whole, its individual members, and its employees and	93823
representatives are not liable for damages in any civil action as	93824
a result of disclosing information in accordance with division	93825
(F)(4) of this section. In the absence of fraud or bad faith, any	93826
person reporting to the program with regard to an individual's	93827
chemical dependence, or the progress or lack of progress of that	93828
individual with regard to treatment, is not liable for damages in	93829
any civil action as a result of the report.	93830

Sec. 4723.481. This section establishes standards and	93831
conditions regarding the authority of a clinical nurse specialist,	93832
certified nurse-midwife, or certified nurse practitioner to	93833
prescribe drugs and therapeutic devices under a certificate to	93834
prescribe issued under section ~~4723.481~~4723.48 of the Revised	93835
Code.	93836

(A) A clinical nurse specialist, certified nurse-midwife, or	93837
certified nurse practitioner shall not prescribe any drug or	93838
therapeutic device that is not included in the types of drugs and	93839
devices listed on the formulary established in rules adopted under	93840
section 4723.50 of the Revised Code.	93841

(B) The prescriptive authority of a clinical nurse	93842
specialist, certified nurse-midwife, or certified nurse	93843
practitioner shall not exceed the prescriptive authority of the	93844
collaborating physician or podiatrist, including the collaborating	93845
physician's authority to treat chronic pain with controlled	93846
substances and products containing tramadol as described in	93847
section 4731.052 of the Revised Code.	93848

(C)(1) Except as provided in division (C)(2) or (3) of this	93849
section, a clinical nurse specialist, certified nurse-midwife, or	93850
certified nurse practitioner may prescribe to a patient a schedule	93851
II controlled substance only if all of the following are the case:	93852

(a) The patient has a terminal condition, as defined in	93853
section 2133.01 of the Revised Code.	93854

(b) The collaborating physician of the clinical nurse	93855
specialist, certified nurse-midwife, or certified nurse	93856
practitioner initially prescribed the substance for the patient.	93857

(c) The prescription is for an amount that does not exceed	93858
the amount necessary for the patient's use in a single,	93859
twenty-four-hour period.	93860

(2) The restrictions on prescriptive authority in division	93861
(C)(1) of this section do not apply if a clinical nurse	93862
specialist, certified nurse-midwife, or certified nurse	93863
practitioner issues the prescription to the patient from any of	93864
the following locations:	93865

(a) A hospital registered under section 3701.07 of the	93866
Revised Code;	93867

(b) An entity owned or controlled, in whole or in part, by a	93868
hospital or by an entity that owns or controls, in whole or in	93869
part, one or more hospitals;	93870

(c) A health care facility operated by the department of	93871
~~mental health~~mental health and addiction services or the	93872
department of developmental disabilities;	93873

(d) A nursing home licensed under section 3721.02 of the	93874
Revised Code or by a political subdivision certified under section	93875
3721.09 of the Revised Code;	93876

(e) A county home or district home operated under Chapter	93877
5155. of the Revised Code that is certified under the medicare or	93878
medicaid program;	93879

(f) A hospice care program, as defined in section 3712.01 of	93880
the Revised Code;	93881

(g) A community mental health ~~agency~~services provider, as	93882
defined in section 5122.01 of the Revised Code;	93883

(h) An ambulatory surgical facility, as defined in section	93884
3702.30 of the Revised Code;	93885

(i) A freestanding birthing center, as defined in section	93886
~~3702.51~~3702.141 of the Revised Code;	93887

(j) A federally qualified health center, as defined in	93888
section 3701.047 of the Revised Code;	93889

(k) A federally qualified health center look-alike, as	93890
defined in section 3701.047 of the Revised Code;	93891

(l) A health care office or facility operated by the board of	93892
health of a city or general health district or the authority	93893
having the duties of a board of health under section 3709.05 of	93894
the Revised Code;	93895

(m) A site where a medical practice is operated, but only if	93896
the practice is comprised of one or more physicians who also are	93897
owners of the practice; the practice is organized to provide	93898
direct patient care; and the clinical nurse specialist, certified	93899
nurse-midwife, or certified nurse practitioner providing services	93900
at the site has a standard care arrangement and collaborates with	93901
at least one of the physician owners who practices primarily at	93902
that site.	93903

(3) A clinical nurse specialist, certified nurse-midwife, or	93904
certified nurse practitioner shall not issue to a patient a	93905
prescription for a schedule II controlled substance from a	93906
convenience care clinic even if the clinic is owned or operated by	93907
an entity specified in division (C)(2) of this section.	93908

(D) A pharmacist who acts in good faith reliance on a	93909
prescription issued by a clinical nurse specialist, certified	93910
nurse-midwife, or certified nurse practitioner under division	93911
(C)(2) of this section is not liable for or subject to any of the	93912
following for relying on the prescription: damages in any civil	93913
action, prosecution in any criminal proceeding, or professional	93914
disciplinary action by the state board of pharmacy under Chapter	93915
4729. of the Revised Code.	93916

(E) A clinical nurse specialist, certified nurse-midwife, or	93917
certified nurse practitioner may personally furnish to a patient a	93918
sample of any drug or therapeutic device included in the types of	93919
drugs and devices listed on the formulary, except that all of the	93920
following conditions apply:	93921

(1) The amount of the sample furnished shall not exceed a	93922
seventy-two-hour supply, except when the minimum available	93923
quantity of the sample is packaged in an amount that is greater	93924
than a seventy-two-hour supply, in which case the packaged amount	93925
may be furnished.	93926

(2) No charge may be imposed for the sample or for furnishing	93927
it.	93928

(3) Samples of controlled substances may not be personally	93929
furnished.	93930

(F) A clinical nurse specialist, certified nurse-midwife, or	93931
certified nurse practitioner may personally furnish to a patient a	93932
complete or partial supply of a drug or therapeutic device	93933
included in the types of drugs and devices listed on the	93934
formulary, except that all of the following conditions apply:	93935

(1) The clinical nurse specialist, certified nurse-midwife,	93936
or certified nurse practitioner shall personally furnish only	93937
antibiotics, antifungals, scabicides, contraceptives, prenatal	93938
vitamins, antihypertensives, drugs and devices used in the	93939
treatment of diabetes, drugs and devices used in the treatment of	93940
asthma, and drugs used in the treatment of dyslipidemia.	93941

(2) The clinical nurse specialist, certified nurse-midwife,	93942
or certified nurse practitioner shall not furnish the drugs and	93943
devices in locations other than a health department operated by	93944
the board of health of a city or general health district or the	93945
authority having the duties of a board of health under section	93946
3709.05 of the Revised Code, a federally funded comprehensive	93947
primary care clinic, or a nonprofit health care clinic or program.	93948

(3) The clinical nurse specialist, certified nurse-midwife,	93949
or certified nurse practitioner shall comply with all safety	93950
standards for personally furnishing supplies of drugs and devices,	93951
as established in rules adopted under section 4723.50 of the	93952
Revised Code.	93953

Sec. 4725.03. The governor, with the advice and consent of	93954
the senate, shall appoint a state board of optometry consisting of	93955
six nonmedical residents of this state, five of whom shall be	93956
persons actually engaged in the practice of optometry for five	93957
years preceding appointment and one of whom shall be a member of	93958
the public at least ~~sixty~~fifty years of age. Terms of office	93959
shall be five years, commencing on the twenty-sixth day of	93960
September and ending on the twenty-fifth day of September. Each	93961
member shall hold office from the date of appointment until the	93962
end of the term for which appointed. Any member appointed to fill	93963
a vacancy occurring prior to the expiration of the term for which	93964
the member's predecessor was appointed shall hold office for the	93965
remainder of the term. A member shall continue in office	93966
subsequent to the expiration date of the member's term until the	93967
member's successor takes office, or until a period of sixty days	93968
has elapsed, whichever occurs first. No person shall serve as a	93969
member for more than two terms.	93970

Sec. 4725.16. (A) Each certificate of licensure, topical	93971
ocular pharmaceutical agents certificate, and therapeutic	93972
pharmaceutical agents certificate issued by the state board of	93973
optometry shall expire annually on the last day of December, and	93974
may be renewed in accordance with this section and the standard	93975
renewal procedure established under Chapter 4745. of the Revised	93976
Code.	93977

An optometrist seeking to continue to practice optometry	93978
shall file with the board an application for license renewal. The	93979
application shall be in such form and require such pertinent	93980
professional biographical data as the board may require.	93981

(B) All licensed optometrists shall annually complete	93982
continuing education in subjects relating to the practice of	93983
optometry, to the end that the utilization and application of new	93984
techniques, scientific and clinical advances, and the achievements	93985
of research will assure comprehensive care to the public. The	93986
board shall prescribe by rule the continuing optometric education	93987
that licensed optometrists must complete. The length of study	93988
shall be twenty-five clock hours each year, including ten clock	93989
hours of instruction in pharmacology to be completed by all	93990
licensed optometrists.	93991

Unless the continuing education required under this division	93992
is waived or deferred under division (D) of this section, the	93993
continuing education must be completed during the twelve-month	93994
period beginning on the first day of October and ending on the	93995
last day of September. If the board receives notice from a	93996
continuing education program indicating that an optometrist	93997
completed the program after the last day of September, and the	93998
optometrist wants to use the continuing education completed after	93999
that day to renew the license that expires on the last day of	94000
December of that year, the optometrist shall pay the penalty	94001
specified under section 4725.34 of the Revised Code for late	94002
completion of continuing education.	94003

At least once annually, the board shall post on its web site	94004
and shall mail, or send by electronic mail, to each licensed	94005
optometrist a list of courses approved in accordance with	94006
standards prescribed by board rule. Upon the request of a licensed	94007
optometrist, the executive director of the board shall supply a	94008
list of additional courses that the board has approved subsequent	94009
to the most recent web site posting, electronic mail transmission,	94010
or mailing of the list of approved courses.	94011

(C)(1) Annually, not later than the first day of November,	94012
the board shall mail or send by electronic mail a notice regarding	94013
license renewal to each licensed optometrist who may be eligible	94014
for renewal. The notice shall be sent to the optometrist's ~~last~~	94015
most recent electronic mail or mailing address shown in the	94016
board's records. If the board knows that the optometrist has	94017
completed the required continuing optometric education for the	94018
year, the board may include with the notice an application for	94019
license renewal.	94020

(2) Filing a license renewal application with the board shall	94021
serve as notice by the optometrist that the continuing optometric	94022
education requirement has been successfully completed. If the	94023
board finds that an optometrist has not completed the required	94024
continuing optometric education, the board shall disapprove the	94025
optometrist's application. The board's disapproval of renewal is	94026
effective without a hearing, unless a hearing is requested	94027
pursuant to Chapter 119. of the Revised Code.	94028

(3) The board shall refuse to accept an application for	94029
renewal from any applicant whose license is not in good standing	94030
or who is under disciplinary review pursuant to section 4725.19 of	94031
the Revised Code.	94032

(4) Notice of an applicant's failure to qualify for renewal	94033
shall be served upon the applicant by mail. The notice shall be	94034
sent not later than the fifteenth day of November to the	94035
applicant's last address shown in the board's records.	94036

(D) In cases of certified illness or undue hardship, the	94037
board may waive or defer for up to twelve months the requirement	94038
of continuing optometric education, except that in such cases the	94039
board may not waive or defer the continuing education in	94040
pharmacology required to be completed by optometrists who hold	94041
topical ocular pharmaceutical agents certificates or therapeutic	94042
pharmaceutical agents certificates. The board shall waive the	94043
requirement of continuing optometric education for any optometrist	94044
who is serving in the armed forces of the United States or who has	94045
received an initial certificate of licensure during the nine-month	94046
period which ended on the last day of September.	94047

(E) An optometrist whose renewal application has been	94048
approved may renew each certificate held by paying to the	94049
treasurer of state the fees for renewal specified under section	94050
4725.34 of the Revised Code. On payment of all applicable fees,	94051
the board shall issue a renewal of the optometrist's certificate	94052
of licensure, topical ocular pharmaceutical agents certificate,	94053
and therapeutic pharmaceutical agents certificate, as appropriate.	94054

(F) Not later than the fifteenth day of December, the board	94055
shall mail or send by electronic mail a second notice regarding	94056
license renewal to each licensed optometrist who may be eligible	94057
for renewal but did not respond to the notice sent under division	94058
(C)(1) of this section. The notice shall be sent to the	94059
optometrist's ~~last~~most recent electronic mail or mailing address	94060
shown in the board's records. If an optometrist fails to file a	94061
renewal application after the second notice is sent, the board	94062
shall send a third notice regarding license renewal prior to any	94063
action under division (I) of this section to classify the	94064
optometrist's certificates as delinquent.	94065

(G) The failure of an optometrist to apply for license	94066
renewal or the failure to pay the applicable annual renewal fees	94067
on or before the date of expiration, shall automatically work a	94068
forfeiture of the optometrist's authority to practice optometry in	94069
this state.	94070

(H) The board shall accept renewal applications and renewal	94071
fees that are submitted from the first day of January to the last	94072
day of April of the year next succeeding the date of expiration.	94073
An individual who submits such a late renewal application or fee	94074
shall pay the late renewal fee specified in section 4725.34 of the	94075
Revised Code.	94076

(I)(1) If the certificates issued by the board to an	94077
individual have expired and the individual has not filed a	94078
complete application during the late renewal period, the	94079
individual's certificates shall be classified in the board's	94080
records as delinquent.	94081

(2) Any optometrist subject to delinquent classification may	94082
submit a written application to the board for reinstatement. For	94083
reinstatement to occur, the applicant must meet all of the	94084
following conditions:	94085

(a) Submit to the board evidence of compliance with board	94086
rules requiring continuing optometric education in a sufficient	94087
number of hours to make up for any delinquent compliance;	94088

(b) Pay the renewal fees for the year in which application	94089
for reinstatement is made and the reinstatement fee specified	94090
under division (A)(8) of section 4725.34 of the Revised Code;	94091

(c) Pass all or part of the licensing examination accepted by	94092
the board under section 4725.11 of the Revised Code as the board	94093
considers appropriate to determine whether the application for	94094
reinstatement should be approved;	94095

(d) If the applicant has been practicing optometry in another	94096
state or country, submit evidence that the applicant's license to	94097
practice optometry in the other state or country is in good	94098
standing.	94099

(3) The board shall approve an application for reinstatement	94100
if the conditions specified in division (I)(2) of this section are	94101
met. An optometrist who receives reinstatement is subject to the	94102
continuing education requirements specified under division (B) of	94103
this section for the year in which reinstatement occurs.	94104

Sec. 4729.01. As used in this chapter:

94105

(A) "Pharmacy," except when used in a context that refers to	94106
the practice of pharmacy, means any area, room, rooms, place of	94107
business, department, or portion of any of the foregoing where the	94108
practice of pharmacy is conducted.	94109

(B) "Practice of pharmacy" means providing pharmacist care	94110
requiring specialized knowledge, judgment, and skill derived from	94111
the principles of biological, chemical, behavioral, social,	94112
pharmaceutical, and clinical sciences. As used in this division,	94113
"pharmacist care" includes the following:	94114

(1) Interpreting prescriptions;

94115

(2) Dispensing drugs and drug therapy related devices;

94116

(3) Compounding drugs;

94117

(4) Counseling individuals with regard to their drug therapy,	94118
recommending drug therapy related devices, and assisting in the	94119
selection of drugs and appliances for treatment of common diseases	94120
and injuries and providing instruction in the proper use of the	94121
drugs and appliances;	94122

(5) Performing drug regimen reviews with individuals by	94123
discussing all of the drugs that the individual is taking and	94124
explaining the interactions of the drugs;	94125

(6) Performing drug utilization reviews with licensed health	94126
professionals authorized to prescribe drugs when the pharmacist	94127
determines that an individual with a prescription has a drug	94128
regimen that warrants additional discussion with the prescriber;	94129

(7) Advising an individual and the health care professionals	94130
treating an individual with regard to the individual's drug	94131
therapy;	94132

(8) Acting pursuant to a consult agreement with a physician	94133
authorized under Chapter 4731. of the Revised Code to practice	94134
medicine and surgery or osteopathic medicine and surgery, if an	94135
agreement has been established with the physician;	94136

(9) Engaging in the administration of immunizations to the	94137
extent authorized by section 4729.41 of the Revised Code;	94138

(10) Electronic supervision and control of and communication	94139
with a remote dispensing system operated under section 4729.542 of	94140
the Revised Code.	94141

(C) "Compounding" means the preparation, mixing, assembling,	94142
packaging, and labeling of one or more drugs in any of the	94143
following circumstances:	94144

(1) Pursuant to a prescription issued by a licensed health	94145
professional authorized to prescribe drugs;	94146

(2) Pursuant to the modification of a prescription made in	94147
accordance with a consult agreement;	94148

(3) As an incident to research, teaching activities, or	94149
chemical analysis;	94150

(4) In anticipation of orders for drugs pursuant to	94151
prescriptions, based on routine, regularly observed dispensing	94152
patterns;	94153

(5) Pursuant to a request made by a licensed health	94154
professional authorized to prescribe drugs for a drug that is to	94155
be used by the professional for the purpose of direct	94156
administration to patients in the course of the professional's	94157
practice, if all of the following apply:	94158

(a) At the time the request is made, the drug is not	94159
commercially available regardless of the reason that the drug is	94160
not available, including the absence of a manufacturer for the	94161
drug or the lack of a readily available supply of the drug from a	94162
manufacturer.	94163

(b) A limited quantity of the drug is compounded and provided	94164
to the professional.	94165

(c) The drug is compounded and provided to the professional	94166
as an occasional exception to the normal practice of dispensing	94167
drugs pursuant to patient-specific prescriptions.	94168

(D) "Consult agreement" means an agreement to manage an	94169
individual's drug therapy that has been entered into by a	94170
pharmacist and a physician authorized under Chapter 4731. of the	94171
Revised Code to practice medicine and surgery or osteopathic	94172
medicine and surgery.	94173

(E) "Drug" means:

94174

(1) Any article recognized in the United States pharmacopoeia	94175
and national formulary, or any supplement to them, intended for	94176
use in the diagnosis, cure, mitigation, treatment, or prevention	94177
of disease in humans or animals;	94178

(2) Any other article intended for use in the diagnosis,	94179
cure, mitigation, treatment, or prevention of disease in humans or	94180
animals;	94181

(3) Any article, other than food, intended to affect the	94182
structure or any function of the body of humans or animals;	94183

(4) Any article intended for use as a component of any	94184
article specified in division (E)(1), (2), or (3) of this section;	94185
but does not include devices or their components, parts, or	94186
accessories.	94187

(F) "Dangerous drug" means any of the following:

94188

(1) Any drug to which either of the following applies:

94189

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	94190
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	94191
required to bear a label containing the legend "Caution: Federal	94192
law prohibits dispensing without prescription" or "Caution:	94193
Federal law restricts this drug to use by or on the order of a	94194
licensed veterinarian" or any similar restrictive statement, or	94195
the drug may be dispensed only upon a prescription;	94196

(b) Under Chapter 3715. or 3719. of the Revised Code, the	94197
drug may be dispensed only upon a prescription.	94198

(2) Any drug that contains a schedule V controlled substance	94199
and that is exempt from Chapter 3719. of the Revised Code or to	94200
which that chapter does not apply;	94201

(3) Any drug intended for administration by injection into	94202
the human body other than through a natural orifice of the human	94203
body.	94204

(G) "Federal drug abuse control laws" has the same meaning as	94205
in section 3719.01 of the Revised Code.	94206

(H) "Prescription" means a written, electronic, or oral order	94207
for drugs or combinations or mixtures of drugs to be used by a	94208
particular individual or for treating a particular animal, issued	94209
by a licensed health professional authorized to prescribe drugs.	94210

(I) "Licensed health professional authorized to prescribe	94211
drugs" or "prescriber" means an individual who is authorized by	94212
law to prescribe drugs or dangerous drugs or drug therapy related	94213
devices in the course of the individual's professional practice,	94214
including only the following:	94215

(1) A dentist licensed under Chapter 4715. of the Revised	94216
Code;	94217

(2) A clinical nurse specialist, certified nurse-midwife, or	94218
certified nurse practitioner who holds a certificate to prescribe	94219
issued under section 4723.48 of the Revised Code;	94220

(3) An optometrist licensed under Chapter 4725. of the	94221
Revised Code to practice optometry under a therapeutic	94222
pharmaceutical agents certificate;	94223

(4) A physician authorized under Chapter 4731. of the Revised	94224
Code to practice medicine and surgery, osteopathic medicine and	94225
surgery, or podiatric medicine and surgery;	94226

(5) A physician assistant who holds a certificate to	94227
prescribe issued under Chapter 4730. of the Revised Code;	94228

(6) A veterinarian licensed under Chapter 4741. of the	94229
Revised Code.	94230

(J) "Sale" and "sell" include delivery, transfer, barter,	94231
exchange, or gift, or offer therefor, and each such transaction	94232
made by any person, whether as principal proprietor, agent, or	94233
employee.	94234

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	94235
which the purpose of the purchaser is to resell the article	94236
purchased or received by the purchaser.	94237

(L) "Retail sale" and "sale at retail" mean any sale other	94238
than a wholesale sale or sale at wholesale.	94239

(M) "Retail seller" means any person that sells any dangerous	94240
drug to consumers without assuming control over and responsibility	94241
for its administration. Mere advice or instructions regarding	94242
administration do not constitute control or establish	94243
responsibility.	94244

(N) "Price information" means the price charged for a	94245
prescription for a particular drug product and, in an easily	94246
understandable manner, all of the following:	94247

(1) The proprietary name of the drug product;

94248

(2) The established (generic) name of the drug product;

94249

(3) The strength of the drug product if the product contains	94250
a single active ingredient or if the drug product contains more	94251
than one active ingredient and a relevant strength can be	94252
associated with the product without indicating each active	94253
ingredient. The established name and quantity of each active	94254
ingredient are required if such a relevant strength cannot be so	94255
associated with a drug product containing more than one	94256
ingredient.	94257

(4) The dosage form;

94258

(5) The price charged for a specific quantity of the drug	94259
product. The stated price shall include all charges to the	94260
consumer, including, but not limited to, the cost of the drug	94261
product, professional fees, handling fees, if any, and a statement	94262
identifying professional services routinely furnished by the	94263
pharmacy. Any mailing fees and delivery fees may be stated	94264
separately without repetition. The information shall not be false	94265
or misleading.	94266

(O) "Wholesale distributor of dangerous drugs" means a person	94267
engaged in the sale of dangerous drugs at wholesale and includes	94268
any agent or employee of such a person authorized by the person to	94269
engage in the sale of dangerous drugs at wholesale.	94270

(P) "Manufacturer of dangerous drugs" means a person, other	94271
than a pharmacist, who manufactures dangerous drugs and who is	94272
engaged in the sale of those dangerous drugs within this state.	94273

(Q) "Terminal distributor of dangerous drugs" means a person	94274
who is engaged in the sale of dangerous drugs at retail, or any	94275
person, other than a wholesale distributor or a pharmacist, who	94276
has possession, custody, or control of dangerous drugs for any	94277
purpose other than for that person's own use and consumption, and	94278
includes pharmacies, hospitals, nursing homes, and laboratories	94279
and all other persons who procure dangerous drugs for sale or	94280
other distribution by or under the supervision of a pharmacist or	94281
licensed health professional authorized to prescribe drugs.	94282

(R) "Promote to the public" means disseminating a	94283
representation to the public in any manner or by any means, other	94284
than by labeling, for the purpose of inducing, or that is likely	94285
to induce, directly or indirectly, the purchase of a dangerous	94286
drug at retail.	94287

(S) "Person" includes any individual, partnership,	94288
association, limited liability company, or corporation, the state,	94289
any political subdivision of the state, and any district,	94290
department, or agency of the state or its political subdivisions.	94291

(T) "Finished dosage form" has the same meaning as in section	94292
3715.01 of the Revised Code.	94293

(U) "Generically equivalent drug" has the same meaning as in	94294
section 3715.01 of the Revised Code.	94295

(V) "Animal shelter" means a facility operated by a humane	94296
society or any society organized under Chapter 1717. of the	94297
Revised Code or a dog pound operated pursuant to Chapter 955. of	94298
the Revised Code.	94299

(W) "Food" has the same meaning as in section 3715.01 of the	94300
Revised Code.	94301

(X) "Pain management clinic" has the same meaning as in	94302
section 4731.054 of the Revised Code.	94303

(Y) "Institutional facility" means any of the following at	94304
which medical care is provided and a medical record documenting	94305
episodes of care, including dangerous drugs prescribed, dispensed,	94306
or administered, is maintained:	94307

(1) A hospital classified by the department of health under	94308
section 3701.07 of Revised Code or licensed by the department of	94309
mental health under section 5119.20 of the Revised Code;	94310

(2) A facility licensed by the department of health,	94311
including a health care facility as defined in section 3702.30 of	94312
the Revised Code, a home as defined in section 3721.01 of the	94313
Revised Code, or any other facility licensed by the department at	94314
which medical care is provided;	94315

(3) A facility maintained or operated by the department of	94316
rehabilitation and correction or the department of developmental	94317
disabilities at which medical care is provided.	94318

Sec. 4729.51. (A) No person other than a registered	94319
wholesale distributor of dangerous drugs shall possess for sale,	94320
sell, distribute, or deliver, at wholesale, dangerous drugs,	94321
except as follows:	94322

(1) A pharmacist who is a licensed terminal distributor of	94323
dangerous drugs or who is employed by a licensed terminal	94324
distributor of dangerous drugs may make occasional sales of	94325
dangerous drugs at wholesale;	94326

(2) A licensed terminal distributor of dangerous drugs having	94327
more than one establishment or place may transfer or deliver	94328
dangerous drugs from one establishment or place for which a	94329
license has been issued to the terminal distributor to another	94330
establishment or place for which a license has been issued to the	94331
terminal distributor if the license issued for each establishment	94332
or place is in effect at the time of the transfer or delivery.	94333

(B)(1) No registered wholesale distributor of dangerous drugs	94334
shall possess for sale, or sell, at wholesale, dangerous drugs to	94335
any person other than the following:	94336

(a) Except as provided in division (B)(2)(a) of this section,	94337
a licensed health professional authorized to prescribe drugs;	94338

(b) An optometrist licensed under Chapter 4725. of the	94339
Revised Code who holds a topical ocular pharmaceutical agents	94340
certificate;	94341

94342

(d) A manufacturer of dangerous drugs;

94343

(e) Subject to division (B)(3) of this section, a licensed	94344
terminal distributor of dangerous drugs;	94345

(f) Carriers or warehouses for the purpose of carriage or	94346
storage;	94347

(g) Terminal or wholesale distributors of dangerous drugs who	94348
are not engaged in the sale of dangerous drugs within this state;	94349

(h) An individual who holds a current license, certificate,	94350
or registration issued under Title 47XLVII of the Revised Code	94351
and has been certified to conduct diabetes education by a national	94352
certifying body specified in rules adopted by the state board of	94353
pharmacy under section 4729.68 of the Revised Code, but only with	94354
respect to insulin that will be used for the purpose of diabetes	94355
education and only if diabetes education is within the	94356
individual's scope of practice under statutes and rules regulating	94357
the individual's profession;	94358

(i) An individual who holds a valid certificate issued by a	94359
nationally recognized S.C.U.B.A. diving certifying organization	94360
approved by the state board of pharmacy in rule, but only with	94361
respect to medical oxygen that will be used for the purpose of	94362
emergency care or treatment at the scene of a diving emergency;	94363

(j) Except as provided in division (B)(2)(b) of this section,	94364
a business entity that is a corporation formed under division (B)	94365
of section 1701.03 of the Revised Code, a limited liability	94366
company formed under Chapter 1705. of the Revised Code, or a	94367
professional association formed under Chapter 1785. of the Revised	94368
Code if the entity has a sole shareholder who is a licensed health	94369
professional authorized to prescribe drugs and is authorized to	94370
provide the professional services being offered by the entity;	94371

(k) Except as provided in division (B)(2)(c) of this section,	94372
a business entity that is a corporation formed under division (B)	94373
of section 1701.03 of the Revised Code, a limited liability	94374
company formed under Chapter 1705. of the Revised Code, a	94375
partnership or a limited liability partnership formed under	94376
Chapter 1775. of the Revised Code, or a professional association	94377
formed under Chapter 1785. of the Revised Code, if, to be a	94378
shareholder, member, or partner, an individual is required to be	94379
licensed, certified, or otherwise legally authorized under Title	94380
XLVII of the Revised Code to perform the professional service	94381
provided by the entity and each such individual is a licensed	94382
health professional authorized to prescribe drugs.	94383

(2) No registered wholesale distributor of dangerous drugs	94384
shall possess for sale, or sell, at wholesale, dangerous drugs to	94385
any of the following:	94386

(a) A prescriber who is employed by a pain management clinic	94387
that is not licensed as a terminal distributor of dangerous drugs	94388
with a pain management clinic classification issued under section	94389
4729.552 of the Revised Code;	94390

(b) A business entity described in division (B)(1)(j) of this	94391
section that is, or is operating, a pain management clinic without	94392
a license as a terminal distributor of dangerous drugs with a pain	94393
management clinic classification issued under section 4729.552 of	94394
the Revised Code;	94395

(c) A business entity described in division (B)(1)(k) of this	94396
section that is, or is operating, a pain management clinic without	94397
a license as a terminal distributor of dangerous drugs with a pain	94398
management clinic classification issued under section 4729.552 of	94399
the Revised Code.	94400

(3) No registered wholesale distributor of dangerous drugs	94401
shall possess dangerous drugs for sale at wholesale, or sell such	94402
drugs at wholesale, to a licensed terminal distributor of	94403
dangerous drugs, except as follows:	94404

(a) In the case of a terminal distributor with a category I	94405
license, only dangerous drugs described in category I, as defined	94406
in division (A)(1) of section 4729.54 of the Revised Code;	94407

(b) In the case of a terminal distributor with a category II	94408
license, only dangerous drugs described in category I and category	94409
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	94410
the Revised Code;	94411

(c) In the case of a terminal distributor with a category III	94412
license, dangerous drugs described in category I, category II, and	94413
category III, as defined in divisions (A)(1), (2), and (3) of	94414
section 4729.54 of the Revised Code;	94415

(d) In the case of a terminal distributor with a limited	94416
category I, II, or III license, only the dangerous drugs specified	94417
in the certificate furnished by the terminal distributor in	94418
accordance with section 4729.60 of the Revised Code.	94419

(C)(1) Except as provided in division (C)(4) of this section,	94420
no person shall sell, at retail, dangerous drugs.	94421

(2) Except as provided in division (C)(4) of this section, no	94422
person shall possess for sale, at retail, dangerous drugs.	94423

(3) Except as provided in division (C)(4) of this section, no	94424
person shall possess dangerous drugs.	94425

(4) Divisions (C)(1), (2), and (3) of this section do not	94426
apply to a registered wholesale distributor of dangerous drugs, a	94427
licensed terminal distributor of dangerous drugs, or a person who	94428
possesses, or possesses for sale or sells, at retail, a dangerous	94429
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	94430
4729., 4730., 4731., and 4741. of the Revised Code.	94431

Divisions (C)(1), (2), and (3) of this section do not apply	94432
to an individual who holds a current license, certificate, or	94433
registration issued under Title XLVII of the Revised Code and has	94434
been certified to conduct diabetes education by a national	94435
certifying body specified in rules adopted by the state board of	94436
pharmacy under section 4729.68 of the Revised Code, but only to	94437
the extent that the individual possesses insulin or personally	94438
supplies insulin solely for the purpose of diabetes education and	94439
only if diabetes education is within the individual's scope of	94440
practice under statutes and rules regulating the individual's	94441
profession.	94442

Divisions (C)(1), (2), and (3) of this section do not apply	94443
to an individual who holds a valid certificate issued by a	94444
nationally recognized S.C.U.B.A. diving certifying organization	94445
approved by the state board of pharmacy in rule, but only to the	94446
extent that the individual possesses medical oxygen or personally	94447
supplies medical oxygen for the purpose of emergency care or	94448
treatment at the scene of a diving emergency.	94449

(D) No licensed terminal distributor of dangerous drugs shall	94450
purchase for the purpose of resale dangerous drugs from any person	94451
other than a registered wholesale distributor of dangerous drugs,	94452
except as follows:	94453

(1) A licensed terminal distributor of dangerous drugs may	94454
make occasional purchases of dangerous drugs for resale from a	94455
pharmacist who is a licensed terminal distributor of dangerous	94456
drugs or who is employed by a licensed terminal distributor of	94457
dangerous drugs;	94458

(2) A licensed terminal distributor of dangerous drugs having	94459
more than one establishment or place may transfer or receive	94460
dangerous drugs from one establishment or place for which a	94461
license has been issued to the terminal distributor to another	94462
establishment or place for which a license has been issued to the	94463
terminal distributor if the license issued for each establishment	94464
or place is in effect at the time of the transfer or receipt.	94465

(E) A pharmacy that is a licensed terminal distributor of	94466
dangerous drugs may operate a remote dispensing system in an	94467
institutional facility in accordance with section 4729.542 of the	94468
Revised Code.	94469

(F) No licensed terminal distributor of dangerous drugs shall	94470
engage in the sale or other distribution of dangerous drugs at	94471
retail or maintain possession, custody, or control of dangerous	94472
drugs for any purpose other than the distributor's personal use or	94473
consumption, at any establishment or place other than that or	94474
those described in the license issued by the state board of	94475
pharmacy to such terminal distributor.	94476

~~(F)~~(G) Nothing in this section shall be construed to	94477
interfere with the performance of official duties by any law	94478
enforcement official authorized by municipal, county, state, or	94479
federal law to collect samples of any drug, regardless of its	94480
nature or in whose possession it may be.	94481

Sec. 4729.54. (A) As used in this section and section	94482
4729.541 of the Revised Code:	94483

(1) "Category I" means single-dose injections of intravenous	94484
fluids, including saline, Ringer's lactate, five per cent dextrose	94485
and distilled water, and other intravenous fluids or parenteral	94486
solutions included in this category by rule of the state board of	94487
pharmacy, that have a volume of one hundred milliliters or more	94488
and that contain no added substances, or single-dose injections of	94489
epinephrine to be administered pursuant to sections 4765.38 and	94490
4765.39 of the Revised Code.	94491

(2) "Category II" means any dangerous drug that is not	94492
included in category I or III.	94493

(3) "Category III" means any controlled substance that is	94494
contained in schedule I, II, III, IV, or V.	94495

(4) "Emergency medical service organization" has the same	94496
meaning as in section 4765.01 of the Revised Code.	94497

(5) "Person" includes an emergency medical service	94498
organization.	94499

(6) "Schedule I, schedule II, schedule III, schedule IV, and	94500
schedule V" mean controlled substance schedules I, II, III, IV,	94501
and V, respectively, as established pursuant to section 3719.41 of	94502
the Revised Code and as amended.	94503

(B)(1) A person who desires to be licensed as a terminal	94504
distributor of dangerous drugs shall file with the executive	94505
director of the state board of pharmacy a verified application.	94506
After it is filed, the application may not be withdrawn without	94507
approval of the board.	94508

(2) An application shall contain all the following that apply	94509
in the applicant's case:	94510

(a) Information that the board requires relative to the	94511
qualifications of a terminal distributor of dangerous drugs set	94512
forth in section 4729.55 of the Revised Code;	94513

(b) A statement that the person wishes to be licensed as a	94514
category I, category II, category III, limited category I, limited	94515
category II, or limited category III terminal distributor of	94516
dangerous drugs;	94517

(c) If the person wishes to be licensed as a limited category	94518
I, limited category II, or limited category III terminal	94519
distributor of dangerous drugs, a notarized list of the dangerous	94520
drugs that the person wishes to possess, have custody or control	94521
of, and distribute, which list shall also specify the purpose for	94522
which those drugs will be used and their source;	94523

(d) If the person is an emergency medical service	94524
organization, the information that is specified in division (C)(1)	94525
of this section;	94526

(e) Except for an emergency medical service organization, the	94527
identity of the one establishment or place at which the person	94528
intends to engage in the sale or other distribution of dangerous	94529
drugs at retail, and maintain possession, custody, or control of	94530
dangerous drugs for purposes other than the person's own use or	94531
consumption and any institutional facility at which the person	94532
intends to operate a remote dispensing system in accordance with	94533
section 4729.542 of the Revised Code;	94534

(f) If the application pertains to a pain management clinic,	94535
information that demonstrates, to the satisfaction of the board,	94536
compliance with division (A) of section 4729.552 of the Revised	94537
Code.	94538

(C)(1) An emergency medical service organization that wishes	94539
to be licensed as a terminal distributor of dangerous drugs shall	94540
list in its application for licensure the following additional	94541
information:	94542

(a) The units under its control that the organization	94543
determines will possess dangerous drugs for the purpose of	94544
administering emergency medical services in accordance with	94545
Chapter 4765. of the Revised Code;	94546

(b) With respect to each such unit, whether the dangerous	94547
drugs that the organization determines the unit will possess are	94548
in category I, II, or III.	94549

(2) An emergency medical service organization that is	94550
licensed as a terminal distributor of dangerous drugs shall file a	94551
new application for such licensure if there is any change in the	94552
number, or location of, any of its units or any change in the	94553
category of the dangerous drugs that any unit will possess.	94554

(3) A unit listed in an application for licensure pursuant to	94555
division (C)(1) of this section may obtain the dangerous drugs it	94556
is authorized to possess from its emergency medical service	94557
organization or, on a replacement basis, from a hospital pharmacy.	94558
If units will obtain dangerous drugs from a hospital pharmacy, the	94559
organization shall file, and maintain in current form, the	94560
following items with the pharmacist who is responsible for the	94561
hospital's terminal distributor of dangerous drugs license:	94562

(a) A copy of its standing orders or protocol;

94563

(b) A list of the personnel employed or used by the	94564
organization to provide emergency medical services in accordance	94565
with Chapter 4765. of the Revised Code, who are authorized to	94566
possess the drugs, which list also shall indicate the personnel	94567
who are authorized to administer the drugs.	94568

(D) Each emergency medical service organization that applies	94569
for a terminal distributor of dangerous drugs license shall submit	94570
with its application the following:	94571

(1) A notarized copy of its standing orders or protocol,	94572
which orders or protocol shall be signed by a physician and	94573
specify the dangerous drugs that its units may carry, expressed in	94574
standard dose units;	94575

(2) A list of the personnel employed or used by the	94576
organization to provide emergency medical services in accordance	94577
with Chapter 4765. of the Revised Code.	94578

An emergency medical service organization that is licensed as	94579
a terminal distributor shall notify the board immediately of any	94580
changes in its standing orders or protocol.	94581

(E) There shall be six categories of terminal distributor of	94582
dangerous drugs licenses, which categories shall be as follows:	94583

(1) Category I license. A person who obtains this license may	94584
possess, have custody or control of, and distribute only the	94585
dangerous drugs described in category I.	94586

(2) Limited category I license. A person who obtains this	94587
license may possess, have custody or control of, and distribute	94588
only the dangerous drugs described in category I that were listed	94589
in the application for licensure.	94590

(3) Category II license. A person who obtains this license	94591
may possess, have custody or control of, and distribute only the	94592
dangerous drugs described in category I and category II.	94593

(4) Limited category II license. A person who obtains this	94594
license may possess, have custody or control of, and distribute	94595
only the dangerous drugs described in category I or category II	94596
that were listed in the application for licensure.	94597

(5) Category III license, which may include a pain management	94598
clinic classification issued under section 4729.552 of the Revised	94599
Code. A person who obtains this license may possess, have custody	94600
or control of, and distribute the dangerous drugs described in	94601
category I, category II, and category III. If the license includes	94602
a pain management clinic classification, the person may operate a	94603
pain management clinic.	94604

(6) Limited category III license. A person who obtains this	94605
license may possess, have custody or control of, and distribute	94606
only the dangerous drugs described in category I, category II, or	94607
category III that were listed in the application for licensure.	94608

(F) Except for an application made on behalf of an animal	94609
shelter, if an applicant for licensure as a limited category I,	94610
II, or III terminal distributor of dangerous drugs intends to	94611
administer dangerous drugs to a person or animal, the applicant	94612
shall submit, with the application, a notarized copy of its	94613
protocol or standing orders, which protocol or orders shall be	94614
signed by a licensed health professional authorized to prescribe	94615
drugs, specify the dangerous drugs to be administered, and list	94616
personnel who are authorized to administer the dangerous drugs in	94617
accordance with federal law or the law of this state. An	94618
application made on behalf of an animal shelter shall include a	94619
notarized list of the dangerous drugs to be administered to	94620
animals and the personnel who are authorized to administer the	94621
drugs to animals in accordance with section 4729.532 of the	94622
Revised Code. After obtaining a terminal distributor license, a	94623
licensee shall notify the board immediately of any changes in its	94624
protocol or standing orders, or in such personnel.	94625

(G)(1) Except as provided in division (G)(2) of this section,	94626
each applicant for licensure as a terminal distributor of	94627
dangerous drugs shall submit, with the application, a license fee	94628
determined as follows:	94629

(a) For a category I or limited category I license,	94630
forty-five dollars;	94631

(b) For a category II or limited category II license, one	94632
hundred twelve dollars and fifty cents;	94633

(c) For a category III license, including a license with a	94634
pain management clinic classification issued under section	94635
4729.552 of the Revised Code, or a limited category III license,	94636
one hundred fifty dollars.	94637

(2) For a professional association, corporation, partnership,	94638
or limited liability company organized for the purpose of	94639
practicing veterinary medicine, the fee shall be forty dollars.	94640

(3) Fees assessed under divisions (G)(1) and (2) of this	94641
section shall not be returned if the applicant fails to qualify	94642
for registration.	94643

(H)(1) The board shall issue a terminal distributor of	94644
dangerous drugs license to each person who submits an application	94645
for such licensure in accordance with this section, pays the	94646
required license fee, is determined by the board to meet the	94647
requirements set forth in section 4729.55 of the Revised Code, and	94648
satisfies any other applicable requirements of this section.	94649

(2) The license of a person other than an emergency medical	94650
service organization shall describe the one establishment or place	94651
at which the licensee may engage in the sale or other distribution	94652
of dangerous drugs at retail and maintain possession, custody, or	94653
control of dangerous drugs for purposes other than the licensee's	94654
own use or consumption and any institutional facility at which the	94655
person intends to operate a remote dispensing system in accordance	94656
with section 4729.542 of the Revised Code. The one establishment	94657
or place and any institutional facility at which the person	94658
intends to operate a remote dispensing system shall be ~~that which~~	94659
isthose described in the application for licensure.	94660

No such license shall authorize or permit the terminal	94661
distributor of dangerous drugs named in it to engage in the sale	94662
or other distribution of dangerous drugs at retail or to maintain	94663
possession, custody, or control of dangerous drugs for any purpose	94664
other than the distributor's own use or consumption, at any	94665
establishment or place other than ~~that~~those described in the	94666
license, except that an agent or employee of an animal shelter may	94667
possess and use dangerous drugs in the course of business as	94668
provided in division (D) of section 4729.532 of the Revised Code.	94669

(3) The license of an emergency medical service organization	94670
shall cover and describe all the units of the organization listed	94671
in its application for licensure.	94672

(4) The license of every terminal distributor of dangerous	94673
drugs shall indicate, on its face, the category of licensure. If	94674
the license is a limited category I, II, or III license, it shall	94675
specify, and shall authorize the licensee to possess, have custody	94676
or control of, and distribute only, the dangerous drugs that were	94677
listed in the application for licensure.	94678

(I) All licenses issued pursuant to this section shall be	94679
effective for a period of twelve months from the first day of	94680
January of each year. A license shall be renewed by the board for	94681
a like period, annually, according to the provisions of this	94682
section, and the standard renewal procedure of Chapter 4745. of	94683
the Revised Code. A person who desires to renew a license shall	94684
submit an application for renewal and pay the required fee on or	94685
before the thirty-first day of December each year. The fee	94686
required for the renewal of a license shall be the same as the fee	94687
paid for the license being renewed, and shall accompany the	94688
application for renewal.	94689

A license that has not been renewed during December in any	94690
year and by the first day of February of the following year may be	94691
reinstated only upon payment of the required renewal fee and a	94692
penalty fee of fifty-five dollars.	94693

(J)(1) No emergency medical service organization that is	94694
licensed as a terminal distributor of dangerous drugs shall fail	94695
to comply with division (C)(2) or (3) of this section.	94696

(2) No emergency medical service organization that is	94697
licensed as a terminal distributor of dangerous drugs shall fail	94698
to comply with division (D) of this section.	94699

(3) No licensed terminal distributor of dangerous drugs shall	94700
possess, have custody or control of, or distribute dangerous drugs	94701
that the terminal distributor is not entitled to possess, have	94702
custody or control of, or distribute by virtue of its category of	94703
licensure.	94704

(4) No licensee that is required by division (F) of this	94705
section to notify the board of changes in its protocol or standing	94706
orders, or in personnel, shall fail to comply with that division.	94707

Sec. 4729.542. (A) As used in this section, "remote	94708
dispensing system" means a mechanical system for dispensing drugs	94709
that is installed in an institutional facility and communicates	94710
electronically with a pharmacy.	94711

(B) A pharmacy licensed under this chapter as a terminal	94712
distributor of dangerous drugs may use a remote dispensing system	94713
to assist in the distribution of dangerous drugs at an	94714
institutional facility if all of the following requirements are	94715
met:	94716

(1) The system has a documented and ongoing quality assurance	94717
program that monitors total system performance and requires one	94718
hundred per cent accuracy in drugs dispensed and their strength.	94719

(2) The system has security adequate to prevent unauthorized	94720
access to dangerous drugs.	94721

(3) Records kept by the system comply with requirements of	94722
the state board of pharmacy.	94723

(C) A pharmacist licensed under this chapter shall maintain	94724
supervision and control of a remote dispensing system but is not	94725
required to be physically present at the facility where the system	94726
is used to dispense drugs.	94727

(D) As part of the quality assurance program required by	94728
division (B)(1) of this section, the facility where the remote	94729
dispensing system is located shall complete periodic audits of	94730
controlled substances dispensed through the system.	94731

Sec. 4729.69. (A) The state board of pharmacy, in	94732
collaboration with the director of ~~alcohol and drug addiction~~	94733
~~services~~mental health and addiction services and attorney	94734
general, shall establish and administer a drug take-back program	94735
under which drugs are collected from the community for the purpose	94736
of destruction or disposal of the drugs.	94737

(B) The program shall be established and administered in such	94738
a manner that it does both of the following:	94739

(1) Complies with any state or federal laws regarding the	94740
collection, destruction, or disposal of drugs;	94741

(2) Maintains the confidentiality of individuals who submit	94742
or otherwise provide drugs under the program.	94743

(C) In consultation with the director of ~~alcohol and drug~~	94744
~~addiction services~~mental health and addiction services and	94745
attorney general, the board shall adopt rules governing the	94746
program. The rules shall be adopted in accordance with Chapter	94747
119. of the Revised Code. In adopting the rules, the board shall	94748
specify all of the following:	94749

(1) The entities that may participate;

94750

(2) Guidelines and responsibilities for accepting drugs by	94751
participating entities;	94752

(3) Drugs that may be collected;

94753

(4) Record-keeping requirements;

94754

(5) Proper methods to destroy unused drugs;

94755

(6) Privacy protocols and security standards;

94756

(7) Drug transportation procedures;

94757

(8) The schedule, duration, and frequency of the collections	94758
of drugs, except that the first collection shall occur not later	94759
than one year after ~~the effective date of this section~~May 20,	94760
2011;	94761

(9) Any other standards and procedures the board considers	94762
necessary for purposes of governing the program.	94763

(D) In accordance with state and federal law, the board may	94764
adopt rules to allow an entity participating in the program to	94765
return any unused drugs to the pharmacy that originally dispensed	94766
the drug. The rules shall include procedures to be followed to	94767
maintain the confidentiality of the person for whom the drug was	94768
dispensed.	94769

(E) Rules adopted under this section may not do any of the	94770
following:	94771

(1) Require any entity to establish, fund, or operate a drug	94772
take-back program;	94773

(2) Establish any new licensing requirement or fee to	94774
participate in the program;	94775

(3) Require any entity to compile data on drugs collected.

94776

(F) The board may compile data on the amount and type of	94777
drugs collected under the program. For purposes of this division,	94778
the board may cooperate with a public or private entity in	94779
obtaining assistance in the compilation of data. An entity	94780
providing the assistance shall not be reimbursed under the program	94781
for any costs incurred in providing the assistance.	94782

(G) If the board compiles data under division (F) of this	94783
section, the board shall submit a report to the governor and, in	94784
accordance with section 101.68 of the Revised Code, the general	94785
assembly. The report, to the extent possible, shall include the	94786
following information:	94787

(1) Total weight of drugs collected, both with and without	94788
packaging;	94789

(2) The weight of controlled substances;

94790

(3) The amount of all of the following as a per cent of total	94791
drugs collected:	94792

(a) Controlled substances;

94793

(b) Brand name drugs;

94794

94795

(d) Prescription drugs;

94796

(e) Non-prescription drugs.

94797

(4) The amount of vitamins, herbal supplements, and personal	94798
care products collected;	94799

(5) If provided by the person who submitted or otherwise	94800
donated drugs to the program, the reasons why the drugs were	94801
returned or unused.	94802

(H) No entity is required to participate in a drug take-back	94803
program established under this section, and no entity shall be	94804
subject to civil liability or professional disciplinary action for	94805
declining to participate.	94806

(I) The board may accept grants, gifts, or donations for	94807
purposes of the program. Money received under this division shall	94808
be deposited into the drug take-back program fund established	94809
under section 109.90 of the Revised Code.	94810

Sec. 4729.77. (A) If the state board of pharmacy establishes	94811
and maintains a drug database pursuant to section 4729.75 of the	94812
Revised Code, each pharmacy licensed as a terminal distributor of	94813
dangerous drugs that dispenses drugs to patients in this state and	94814
is included in the types of pharmacies specified in rules adopted	94815
under section 4729.84 of the Revised Code shall submit to the	94816
board the following prescription information:	94817

(1) Terminal distributor identification;

94818

(2) Patient identification;

94819

(3) Prescriber identification;

94820

(4) Date prescription was issued by prescriber;

94821

(5) Date drug was dispensed;

94822

(6) Indication of whether the drug dispensed is new or a	94823
refill;	94824

(7) Name, strength, and national drug code of the drug	94825
dispensed;	94826

(8) Quantity of drug dispensed;

94827

(9) Number of days' supply of drug dispensed;

94828

(10) Serial or prescription number assigned by the terminal	94829
distributor;	94830

(11) Source of payment for the drug dispensed.

94831

(B)(1) The information shall be transmitted as specified by	94832
the board in rules adopted under section 4729.84 of the Revised	94833
Code.	94834

(2) The information shall be submitted electronically in the	94835
format specified by the board, except that the board may grant a	94836
waiver allowing the distributor to submit the information in	94837
another format.	94838

(3) The information shall be submitted ~~in accordance with any~~	94839
~~time limits specified by the board~~not less than once each day	94840
that the distributor conducts business, except that the board may	94841
grant an extension if either of the following occurs:	94842

(a) The distributor suffers a mechanical or electronic	94843
failure, or cannot meet the deadline for other reasons beyond the	94844
distributor's control.	94845

(b) The board is unable to receive electronic submissions.

94846

(C) This section does not apply to a prescriber personally	94847
furnishing or administering dangerous drugs to the prescriber's	94848
patient.	94849

Sec. 4729.78. (A) If the state board of pharmacy establishes	94850
and maintains a drug database pursuant to section 4729.75 of the	94851
Revised Code, each wholesale distributor of dangerous drugs that	94852
delivers drugs in this state to prescribers or terminal	94853
distributors of dangerous drugs shall submit to the board the	94854
following purchase information:	94855

(1) Purchaser identification;

94856

(2) Identification of the drug sold;

94857

(3) Quantity of the drug sold;

94858

(4) Date of sale;

94859

(5) The wholesale distributor's license number issued by the	94860
board.	94861

(B)(1) The information shall be transmitted as specified by	94862
the board in rules adopted under section 4729.84 of the Revised	94863
Code.	94864

(2) The information shall be submitted electronically in the	94865
format specified by the board, except that the board may grant a	94866
waiver allowing the distributor to submit the information in	94867
another format.	94868

(3) The information shall be submitted ~~in accordance with any~~	94869
~~time limits specified by the board~~not less than once each day	94870
that the distributor conducts business, except that the board may	94871
grant an extension if either of the following occurs:	94872

(a) The distributor suffers a mechanical or electronic	94873
failure, or cannot meet the deadline for other reasons beyond the	94874
distributor's control.	94875

(b) The board is unable to receive electronic submissions.

94876

Sec. 4729.79. (A) If the state board of pharmacy establishes	94877
and maintains a drug database pursuant to section 4729.75 of the	94878
Revised Code, each licensed health professional authorized to	94879
prescribe drugs, except as provided in division (C) of this	94880
section, who personally furnishes to a patient a controlled	94881
substance or other dangerous drug the board includes in the	94882
database pursuant to rules adopted under section 4729.84 of the	94883
Revised Code shall submit to the board the following information:	94884

(1) Prescriber identification;

94885

(2) Patient identification;

94886

(3) Date drug was furnished by the prescriber;

94887

(4) Indication of whether the drug furnished is new or a	94888
refill;	94889

(5) Name, strength, and national drug code of drug furnished;

94890

(6) Quantity of drug furnished;

94891

(7) Number of days' supply of drug furnished;

94892

(8) Source of payment for the drug furnished;

94893

(9) Identification of the owner of the drug furnished.

94894

(B)(1) The information shall be transmitted as specified by	94895
the board in rules adopted under section 4729.84 of the Revised	94896
Code.	94897

(2) The information shall be submitted electronically in the	94898
format specified by the board, except that the board may grant a	94899
waiver allowing the prescriber to submit the information in	94900
another format.	94901

(3) The information shall be submitted ~~in accordance with any~~	94902
~~time limits specified by the board~~not less than once each day	94903
that the prescriber conducts business, except that the board may	94904
grant an extension if either of the following occurs:	94905

(a) The prescriber's transmission system suffers a mechanical	94906
or electronic failure, or the prescriber cannot meet the deadline	94907
for other reasons beyond the prescriber's control.	94908

(b) The board is unable to receive electronic submissions.

94909

(C)(1) The information required to be submitted under	94910
division (A) of this section may be submitted on behalf of the	94911
prescriber by the owner of the drug being personally furnished or	94912
by a delegate approved by that owner.	94913

(2) The requirements of this section to submit information to	94914
the board do not apply to a prescriber who is a veterinarian.	94915

(D) If the board becomes aware of a prescriber's failure to	94916
comply with this section, the board shall notify the government	94917
entity responsible for licensing the prescriber.	94918

Sec. 4729.80. (A) If the state board of pharmacy establishes	94919
and maintains a drug database pursuant to section 4729.75 of the	94920
Revised Code, the board is authorized or required to provide	94921
information from the database in accordance with the following:	94922

(1) On receipt of a request from a designated representative	94923
of a government entity responsible for the licensure, regulation,	94924
or discipline of health care professionals with authority to	94925
prescribe, administer, or dispense drugs, the board may provide to	94926
the representative information from the database relating to the	94927
professional who is the subject of an active investigation being	94928
conducted by the government entity.	94929

(2) On receipt of a request from a federal officer, or a	94930
state or local officer of this or any other state, whose duties	94931
include enforcing laws relating to drugs, the board shall provide	94932
to the officer information from the database relating to the	94933
person who is the subject of an active investigation of a drug	94934
abuse offense, as defined in section 2925.01 of the Revised Code,	94935
being conducted by the officer's employing government entity.	94936

(3) Pursuant to a subpoena issued by a grand jury, the board	94937
shall provide to the grand jury information from the database	94938
relating to the person who is the subject of an investigation	94939
being conducted by the grand jury.	94940

(4) Pursuant to a subpoena, search warrant, or court order in	94941
connection with the investigation or prosecution of a possible or	94942
alleged criminal offense, the board shall provide information from	94943
the database as necessary to comply with the subpoena, search	94944
warrant, or court order.	94945

(5) On receipt of a request from a prescriber or the	94946
prescriber's delegate approved by the board, the board may provide	94947
to the prescriber information from the database relating to a	94948
patient who is either of the following, if the prescriber	94949
certifies in a form specified by the board that it is for the	94950
purpose of providing medical treatment to the patient who is the	94951
subject of the request;:	94952

(a) A current patient of the prescriber;

94953

(b) A potential patient of the prescriber based on a referral	94954
of the patient to the prescriber.	94955

(6) On receipt of a request from a pharmacist or the	94956
pharmacist's delegate approved by the board, the board may provide	94957
to the pharmacist information from the database relating to a	94958
current patient of the pharmacist, if the pharmacist certifies in	94959
a form specified by the board that it is for the purpose of the	94960
pharmacist's practice of pharmacy involving the patient who is the	94961
subject of the request.	94962

(7) On receipt of a request from an individual seeking the	94963
individual's own database information in accordance with the	94964
procedure established in rules adopted under section 4729.84 of	94965
the Revised Code, the board may provide to the individual the	94966
individual's own database information.	94967

(8) On receipt of a request from the medical director of a	94968
managed care organization that has entered into a data security	94969
agreement with the board required by section ~~5111.1710~~5167.14 of	94970
the Revised Code, the board ~~may~~shall provide to the medical	94971
director information from the database relating to a medicaid	94972
recipient enrolled in the managed care organization, including	94973
information in the database related to prescriptions for the	94974
recipient that were not covered or reimbursed under a program	94975
administered by the department of medicaid.	94976

(9) On receipt of a request from the medicaid director ~~of job~~	94977
~~and family services~~, the board ~~may~~shall provide to the director	94978
information from the database relating to a recipient of a program	94979
administered by the department of ~~job and family services~~	94980
medicaid, including information in the database related to	94981
prescriptions for the recipient that were not covered or paid by a	94982
program administered by the department.	94983

(10) On receipt of a request from the administrator of	94984
workers' compensation, the board may provide to the administrator	94985
information from the database relating to a claimant under Chapter	94986
4121., 4123., 4127., or 4131. of the Revised Code.	94987

(11) On receipt of a request from a requestor described in	94988
division (A)(1), (2), (5), or (6) of this section who is from or	94989
participating with another state's prescription monitoring	94990
program, the board may provide to the requestor information from	94991
the database, but only if there is a written agreement under which	94992
the information is to be used and disseminated according to the	94993
laws of this state.	94994

(B) The state board of pharmacy shall maintain a record of	94995
each individual or entity that requests information from the	94996
database pursuant to this section. In accordance with rules	94997
adopted under section 4729.84 of the Revised Code, the board may	94998
use the records to document and report statistics and law	94999
enforcement outcomes.	95000

The board may provide records of an individual's requests for	95001
database information to the following:	95002

(1) A designated representative of a government entity that	95003
is responsible for the licensure, regulation, or discipline of	95004
health care professionals with authority to prescribe, administer,	95005
or dispense drugs who is involved in an active investigation being	95006
conducted by the government entity of the individual who submitted	95007
the requests for database information;	95008

(2) A federal officer, or a state or local officer of this or	95009
any other state, whose duties include enforcing laws relating to	95010
drugs and who is involved in an active investigation being	95011
conducted by the officer's employing government entity of the	95012
individual who submitted the requests for database information.	95013

(C) Information contained in the database and any information	95014
obtained from it is not a public record. Information contained in	95015
the records of requests for information from the database is not a	95016
public record. Information that does not identify a person may be	95017
released in summary, statistical, or aggregate form.	95018

(D) A pharmacist or prescriber shall not be held liable in	95019
damages to any person in any civil action for injury, death, or	95020
loss to person or property on the basis that the pharmacist or	95021
prescriber did or did not seek or obtain information from the	95022
database.	95023

Sec. 4729.81. If the state board of pharmacy establishes and	95024
maintains a drug database pursuant to section 4729.75 of the	95025
Revised Code, the board shall review the information in the drug	95026
database. If the board determines from the review that a violation	95027
of law may have occurred, it shall notify the appropriate law	95028
enforcement agency or a government entity responsible for the	95029
licensure, regulation, or discipline of licensed health	95030
professionals authorized to prescribe drugs and supply information	95031
required by the agency or entity for an investigation of the	95032
violation of law that may have occurred. The board also shall	95033
notify the medicaid director if the board determines that the	95034
violation may have been committed by a provider of services under	95035
a program administered by the department of medicaid.	95036

Sec. 4729.99. (A) Whoever violates section 4729.16, division	95037
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	95038
Code is guilty of a minor misdemeanor. Each day's violation	95039
constitutes a separate offense.	95040

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	95041
the Revised Code is guilty of a misdemeanor of the third degree.	95042
Each day's violation constitutes a separate offense. If the	95043
offender previously has been convicted of or pleaded guilty to a	95044
violation of this chapter, that person is guilty of a misdemeanor	95045
of the second degree.	95046

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	95047
the Revised Code is guilty of a misdemeanor.	95048

(D) Whoever violates division (A), (B), (D), or ~~(E)~~(F) of	95049
section 4729.51 of the Revised Code is guilty of a misdemeanor of	95050
the first degree.	95051

(E)(1) Whoever violates section 4729.37, division (C)(2) of	95052
section 4729.51, division (J) of section 4729.54, or section	95053
4729.61 of the Revised Code is guilty of a felony of the fifth	95054
degree. If the offender previously has been convicted of or	95055
pleaded guilty to a violation of this chapter or a violation of	95056
Chapter 2925. or 3719. of the Revised Code, that person is guilty	95057
of a felony of the fourth degree.	95058

(2) If an offender is convicted of or pleads guilty to a	95059
violation of section 4729.37, division (C) of section 4729.51,	95060
division (J) of section 4729.54, or section 4729.61 of the Revised	95061
Code, if the violation involves the sale, offer to sell, or	95062
possession of a schedule I or II controlled substance, with the	95063
exception of marihuana, and if the court imposing sentence upon	95064
the offender finds that the offender as a result of the violation	95065
is a major drug offender, as defined in section 2929.01 of the	95066
Revised Code, and is guilty of a specification of the type	95067
described in section 2941.1410 of the Revised Code, the court, in	95068
lieu of the prison term authorized or required by division (E)(1)	95069
of this section and sections 2929.13 and 2929.14 of the Revised	95070
Code and in addition to any other sanction imposed for the offense	95071
under sections 2929.11 to 2929.18 of the Revised Code, shall	95072
impose upon the offender, in accordance with division (B)(3) of	95073
section 2929.14 of the Revised Code, the mandatory prison term	95074
specified in that division.	95075

(3) Notwithstanding any contrary provision of section 3719.21	95076
of the Revised Code, the clerk of court shall pay any fine imposed	95077
for a violation of section 4729.37, division (C) of section	95078
4729.51, division (J) of section 4729.54, or section 4729.61 of	95079
the Revised Code pursuant to division (A) of section 2929.18 of	95080
the Revised Code in accordance with and subject to the	95081
requirements of division (F) of section 2925.03 of the Revised	95082
Code. The agency that receives the fine shall use the fine as	95083
specified in division (F) of section 2925.03 of the Revised Code.	95084

(F) Whoever violates section 4729.531 of the Revised Code or	95085
any rule adopted thereunder or section 4729.532 of the Revised	95086
Code is guilty of a misdemeanor of the first degree.	95087

(G) Whoever violates division (C)(1) of section 4729.51 of	95088
the Revised Code is guilty of a felony of the fourth degree. If	95089
the offender has previously been convicted of or pleaded guilty to	95090
a violation of this chapter, or of a violation of Chapter 2925. or	95091
3719. of the Revised Code, that person is guilty of a felony of	95092
the third degree.	95093

(H) Whoever violates division (C)(3) of section 4729.51 of	95094
the Revised Code is guilty of a misdemeanor of the first degree.	95095
If the offender has previously been convicted of or pleaded guilty	95096
to a violation of this chapter, or of a violation of Chapter 2925.	95097
or 3719. of the Revised Code, that person is guilty of a felony of	95098
the fifth degree.	95099

(I)(1) Whoever violates division (B) of section 4729.42 of	95100
the Revised Code is guilty of unauthorized pharmacy-related drug	95101
conduct. Except as otherwise provided in this section,	95102
unauthorized pharmacy-related drug conduct is a misdemeanor of the	95103
second degree. If the offender previously has been convicted of or	95104
pleaded guilty to a violation of division (B), (C), (D), or (E) of	95105
that section, unauthorized pharmacy-related drug conduct is a	95106
misdemeanor of the first degree on a second offense and a felony	95107
of the fifth degree on a third or subsequent offense.	95108

(2) Whoever violates division (C) or (D) of section 4729.42	95109
of the Revised Code is guilty of permitting unauthorized	95110
pharmacy-related drug conduct. Except as otherwise provided in	95111
this section, permitting unauthorized pharmacy-related drug	95112
conduct is a misdemeanor of the second degree. If the offender	95113
previously has been convicted of or pleaded guilty to a violation	95114
of division (B), (C), (D), or (E) of that section, permitting	95115
unauthorized pharmacy-related drug conduct is a misdemeanor of the	95116
first degree on a second offense and a felony of the fifth degree	95117
on a third or subsequent offense.	95118

(3) Whoever violates division (E) of section 4729.42 of the	95119
Revised Code is guilty of the offense of falsification under	95120
section 2921.13 of the Revised Code. In addition to any other	95121
sanction imposed for the violation, the offender is forever	95122
disqualified from engaging in any activity specified in division	95123
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	95124
from performing any function as a health care professional or	95125
health care worker. As used in this division, "health care	95126
professional" and "health care worker" have the same meanings as	95127
in section 2305.234 of the Revised Code.	95128

(4) Notwithstanding any contrary provision of section 3719.21	95129
of the Revised Code or any other provision of law that governs the	95130
distribution of fines, the clerk of the court shall pay any fine	95131
imposed pursuant to division (I)(1), (2), or (3) of this section	95132
to the state board of pharmacy if the board has adopted a written	95133
internal control policy under division (F)(2) of section 2925.03	95134
of the Revised Code that addresses fine moneys that it receives	95135
under Chapter 2925. of the Revised Code and if the policy also	95136
addresses fine moneys paid under this division. The state board of	95137
pharmacy shall use the fines so paid in accordance with the	95138
written internal control policy to subsidize the board's law	95139
enforcement efforts that pertain to drug offenses.	95140

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	95141
the Revised Code is guilty of a misdemeanor of the third degree.	95142
If the offender has previously been convicted of or pleaded guilty	95143
to a violation of division (A)(1), (2), or (3) of section 4729.86	95144
of the Revised Code, that person is guilty of a misdemeanor of the	95145
first degree.	95146

(2) Whoever violates division (A)(2) of section 4729.86 of	95147
the Revised Code is guilty of a misdemeanor of the first degree.	95148
If the offender has previously been convicted of or pleaded guilty	95149
to a violation of division (A)(1), (2), or (3) of section 4729.86	95150
of the Revised Code, that person is guilty of a felony of the	95151
fifth degree.	95152

(3) Whoever violates division (A)(3) of section 4729.86 of	95153
the Revised Code is guilty of a felony of the fifth degree. If the	95154
offender has previously been convicted of or pleaded guilty to a	95155
violation of division (A)(1), (2), or (3) of section 4729.86 of	95156
the Revised Code, that person is guilty of a felony of the fourth	95157
degree.	95158

(K) A person who violates division (C) of section 4729.552 of	95159
the Revised Code is guilty of a misdemeanor of the first degree.	95160
If the person previously has been convicted of or pleaded guilty	95161
to a violation of division (C) of section 4729.552 of the Revised	95162
Code, that person is guilty of a felony of the fifth degree.	95163

Sec. 4730.411. (A) Except as provided in division (B) or (C)	95164
of this section, a physician assistant may prescribe to a patient	95165
a schedule II controlled substance only if all of the following	95166
are the case:	95167

(1) The patient is in a terminal condition, as defined in	95168
section 2133.01 of the Revised Code.	95169

(2) The physician assistant's supervising physician initially	95170
prescribed the substance for the patient.	95171

(3) The prescription is for an amount that does not exceed	95172
the amount necessary for the patient's use in a single,	95173
twenty-four-hour period.	95174

(B) The restrictions on prescriptive authority in division	95175
(A) of this section do not apply if a physician assistant issues	95176
the prescription to the patient from any of the following	95177
locations:	95178

(1) A hospital registered under section 3701.07 of the	95179
Revised Code;	95180

(2) An entity owned or controlled, in whole or in part, by a	95181
hospital or by an entity that owns or controls, in whole or in	95182
part, one or more hospitals;	95183

(3) A health care facility operated by the department of	95184
~~mental health~~mental health and addiction services or the	95185
department of developmental disabilities;	95186

(4) A nursing home licensed under section 3721.02 of the	95187
Revised Code or by a political subdivision certified under section	95188
3721.09 of the Revised Code;	95189

(5) A county home or district home operated under Chapter	95190
5155. of the Revised Code that is certified under the medicare or	95191
medicaid program;	95192

(6) A hospice care program, as defined in section 3712.01 of	95193
the Revised Code;	95194

(7) A community mental health ~~agency~~services provider, as	95195
defined in section 5122.01 of the Revised Code;	95196

(8) An ambulatory surgical facility, as defined in section	95197
3702.30 of the Revised Code;	95198

(9) A freestanding birthing center, as defined in section	95199
~~3702.51~~3702.141 of the Revised Code;	95200

(10) A federally qualified health center, as defined in	95201
section 3701.047 of the Revised Code;	95202

(11) A federally qualified health center look-alike, as	95203
defined in section 3701.047 of the Revised Code;	95204

(12) A health care office or facility operated by the board	95205
of health of a city or general health district or the authority	95206
having the duties of a board of health under section 3709.05 of	95207
the Revised Code;	95208

(13) A site where a medical practice is operated, but only if	95209
the practice is comprised of one or more physicians who also are	95210
owners of the practice; the practice is organized to provide	95211
direct patient care; and the physician assistant has entered into	95212
a supervisory agreement with at least one of the physician owners	95213
who practices primarily at that site.	95214

(C) A physician assistant shall not issue to a patient a	95215
prescription for a schedule II controlled substance from a	95216
convenience care clinic even if the convenience care clinic is	95217
owned or operated by an entity specified in division (B) of this	95218
section.	95219

(D) A pharmacist who acts in good faith reliance on a	95220
prescription issued by a physician assistant under division (B) of	95221
this section is not liable for or subject to any of the following	95222
for relying on the prescription: damages in any civil action,	95223
prosecution in any criminal proceeding, or professional	95224
disciplinary action by the state board of pharmacy under Chapter	95225
4729. of the Revised Code.	95226

Sec. 4731.05. (A) The state medical board shall adopt rules	95227
in accordance with Chapter 119. of the Revised Code to carry out	95228
the purposes of this chapter. All adjudicative proceedings of the	95229
state medical board shall be conducted in accordance with Chapter	95230
119. of the Revised Code.	95231

(B) The state medical board shall appoint an executive	95232
director who shall be in the unclassified service of the state.	95233
The board may appoint other employees of the board as are	95234
necessary and shall prescribe their titles and duties.	95235

(C) The state medical board shall develop requirements for	95236
and provide appropriate initial and continuing training for	95237
investigators employed by the board to carry out its duties under	95238
Chapter 4731. of the Revised Code. The training and continuing	95239
education may include enrollment in courses operated or approved	95240
by the Ohio peace officer training commission that the board	95241
considers appropriate under conditions set forth in section 109.79	95242
of the Revised Code.	95243

(D)(1) The state medical board shall adopt internal	95244
management rules pursuant to section 111.15 of the Revised Code.	95245
The rules shall set forth criteria for assessing the board's	95246
accomplishments, activities, and performance data, including	95247
metrics detailing the board's revenues and reimbursements; budget	95248
distribution; investigation and licensing activity, including	95249
processing time frames; and enforcement data, including processing	95250
time frames. The board shall include the assessment in the annual	95251
report required by section 149.01 of the Revised Code.	95252

(2) The state medical board shall cause the internal	95253
management rules and annual report described in division (D)(1) of	95254
this section to be publicly accessible on the state medical	95255
board's web site.	95256

Sec. 4731.151. (A) Naprapaths who received a certificate to	95257
practice from the board prior to March 2, 1992, may continue to	95258
practice naprapathy, as defined in rules adopted by the board.	95259
Such naprapaths shall practice in accordance with rules adopted by	95260
the board.	95261

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

95262

(a) "Mechanotherapy" means all of the following:

95263

(i) Examining patients by verbal inquiry;

95264

(ii) Examination of the musculoskeletal system by hand;

95265

(iii) Visual inspection and observation;

95266

(iv) Diagnosing a patient's condition only as to whether the	95267
patient has a disorder of the musculoskeletal system;	95268

(v) In the treatment of patients, employing the techniques of	95269
advised or supervised exercise; electrical neuromuscular	95270
stimulation; massage or manipulation; or air, water, heat, cold,	95271
sound, or infrared ray therapy only to those disorders of the	95272
musculoskeletal system that are amenable to treatment by such	95273
techniques and that are identifiable by examination performed in	95274
accordance with division (B)(1)(a)(i) of this section and	95275
diagnosable in accordance with division (B)(1)(a)(ii) of this	95276
section.	95277

(b) "Educational requirements" means the completion of a	95278
course of study appropriate for certification to practice	95279
mechanotherapy on or before November 3, 1985, as determined by	95280
rules adopted under this chapter.	95281

(2) Mechanotherapists who received a certificate to practice	95282
from the board prior to March 2, 1992, may continue to practice	95283
mechanotherapy, as defined in rules adopted by the board. Such	95284
mechanotherapists shall practice in accordance with rules adopted	95285
by the board.	95286

A person authorized by this division to practice as a	95287
mechanotherapist may examine, diagnose, and assume responsibility	95288
for the care of patients with due regard for first aid and the	95289
hygienic and nutritional care of the patients. Roentgen rays shall	95290
be used by a mechanotherapist only for diagnostic purposes.	95291

(3) A person who holds a certificate to practice	95292
mechanotherapy and completed educational requirements in	95293
mechanotherapy on or before November 3, 1985, is entitled to use	95294
the title "doctor of mechanotherapy" and is a "physician" who	95295
performs "medical services" for the purposes of Chapters 4121. and	95296
4123. of the Revised Code and the medicaid program ~~established~~	95297
~~under section 5111.01 of the Revised Code~~, and shall receive	95298
payment or reimbursement as provided under those chapters and that	95299
~~section~~program.	95300

Sec. 4731.23. (A)(1)(a) The state medical board shall	95301
designate one or more attorneys at law who have been admitted to	95302
the practice of law, and who are classified as either	95303
administrative law attorney examiners or as administrative law	95304
attorney examiner administrators under the state job	95305
classification plan adopted under section 124.14 of the Revised	95306
Code, as hearing examiners, subject to Chapter 119. of the Revised	95307
Code, to conduct any hearing which the medical board is empowered	95308
to hold or undertake pursuant to Chapter 119. of the Revised Code.	95309

(b) Notwithstanding the requirement of division (A)(1)(a) of	95310
this section that the board designate as a hearing examiner an	95311
attorney who is classified as either an administrative law	95312
attorney examiner or an administrative law attorney examiner	95313
administrator, the board may, subject to ~~controlling board~~	95314
~~approval~~section 127.16 of the Revised Code, enter into a personal	95315
service contract with an attorney admitted to the practice of law	95316
in this state to serve on a temporary basis as a hearing examiner.	95317

(2) The hearing examiner shall hear and consider the oral and	95318
documented evidence introduced by the parties and issue in writing	95319
proposed findings of fact and conclusions of law to the board for	95320
their consideration within thirty days following the close of the	95321
hearing.	95322

(B) The board shall be given copies of the transcript of the	95323
record hearing and all exhibits and documents presented by the	95324
parties at the hearing.	95325

(C) The board shall, upon the favorable vote of three	95326
members, allow the parties or their counsel the opportunity to	95327
present oral arguments on the proposed findings of fact and	95328
conclusions of law of the hearing examiner prior to the board's	95329
final action.	95330

(D) The board shall render a decision and take action within	95331
sixty days following the receipt of the hearing examiner's	95332
proposed findings of fact and conclusions of law or within any	95333
longer period mutually agreed upon by the board and the	95334
certificate holder.	95335

(E) The final decision of the board in any hearing which the	95336
board is empowered to undertake shall be in writing and contain	95337
findings of fact and conclusions of law. Copies of the decision	95338
shall be delivered to the parties personally or by certified mail.	95339
The decision shall be final upon delivery or mailing, except that	95340
the certificate holder may appeal in the manner provided by	95341
Chapter 119. of the Revised Code.	95342

Sec. 4731.299. (A) The state medical board may issue,	95343
without examination, to an applicant who meets all of the	95344
requirements of this section an expedited certificate to practice	95345
medicine and surgery or osteopathic medicine and surgery by	95346
endorsement.	95347

(B) An individual who seeks an expedited certificate to	95348
practice medicine and surgery or osteopathic medicine and surgery	95349
by endorsement shall file with the board a written application on	95350
a form prescribed and supplied by the board. The application shall	95351
include all of the information the board considers necessary to	95352
process it.	95353

(C) To be eligible to receive an expedited certificate by	95354
endorsement, an applicant shall do both of the following:	95355

(1) Provide evidence satisfactory to the board that the	95356
applicant meets all of the following requirements:	95357

(a) Has passed one of the following:

95358

(i) Steps one, two, and three of the United States medical	95359
licensing examination;	95360

(ii) Levels one, two, and three of the comprehensive	95361
osteopathic medical licensing examination of the United States;	95362

(iii) Any other medical licensing examination recognized by	95363
the board.	95364

(b) For at least five years immediately preceding the date of	95365
application, has held a current, unrestricted license to practice	95366
medicine and surgery or osteopathic medicine and surgery issued by	95367
the licensing authority of another state or a Canadian province;	95368

(c) For at least two years immediately preceding the date of	95369
application, has actively practiced medicine and surgery or	95370
osteopathic medicine and surgery in a clinical setting.	95371

(2) Certify to the board that all of the following are the	95372
case:	95373

(a) Not more than two malpractice claims have been filed	95374
against the applicant within a period of ten years and no	95375
malpractice claim against the applicant has resulted in total	95376
payment of more than five hundred thousand dollars.	95377

(b) The applicant does not have a criminal record according	95378
to the criminal records check required by section 4731.081 of the	95379
Revised Code.	95380

(c) The applicant does not have a medical condition that	95381
could affect the applicant's ability to practice according to	95382
acceptable and prevailing standards of care.	95383

(d) No adverse action has been taken against the applicant by	95384
a health care institution.	95385

(e) To the applicant's knowledge, no federal agency, medical	95386
society, medical association, or branch of the United States	95387
military has investigated or taken action against the applicant.	95388

(f) No professional licensing or regulatory authority has	95389
filed a complaint against, investigated, or taken action against	95390
the applicant and the applicant has not withdrawn a professional	95391
license application.	95392

(g) The applicant has not been suspended or expelled from any	95393
institution of higher education or school, including a medical	95394
school.	95395

(D) An applicant for an expedited certificate by endorsement	95396
shall comply with section 4731.081 of the Revised Code.	95397

(E) At the time of application, the applicant shall pay to	95398
the board a fee of one thousand dollars, no part of which shall be	95399
returned. No application shall be considered filed until the board	95400
receives the fee.	95401

(F) The board shall review all applications received under	95402
this section. If the board determines that an applicant meets the	95403
requirements for an expedited certificate to practice medicine and	95404
surgery or osteopathic medicine and surgery by endorsement, the	95405
board shall issue the certificate to the applicant. Each	95406
certificate issued by the board under this section shall be signed	95407
by the president and secretary of the board and attested by its	95408
seal.	95409

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	95410
Revised Code:	95411

(A)(1) "Clinical laboratory services" means either of the	95412
following:	95413

(a) Any examination of materials derived from the human body	95414
for the purpose of providing information for the diagnosis,	95415
prevention, or treatment of any disease or impairment or for the	95416
assessment of health;	95417

(b) Procedures to determine, measure, or otherwise describe	95418
the presence or absence of various substances or organisms in the	95419
body.	95420

(2) "Clinical laboratory services" does not include the mere	95421
collection or preparation of specimens.	95422

(B) "Designated health services" means any of the following:

95423

(1) Clinical laboratory services;

95424

(2) Home health care services;

95425

(3) Outpatient prescription drugs.

95426

(C) "Fair market value" means the value in arms-length	95427
transactions, consistent with general market value and:	95428

(1) With respect to rentals or leases, the value of rental	95429
property for general commercial purposes, not taking into account	95430
its intended use;	95431

(2) With respect to a lease of space, not adjusted to reflect	95432
the additional value the prospective lessee or lessor would	95433
attribute to the proximity or convenience to the lessor if the	95434
lessor is a potential source of referrals to the lessee.	95435

(D) "Governmental health care program" means any program	95436
providing health care benefits that is administered by the federal	95437
government, this state, or a political subdivision of this state,	95438
including the medicare program ~~established under Title XVIII of~~	95439
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	95440
~~as amended~~, health care coverage for public employees, health care	95441
benefits administered by the bureau of workers' compensation, and	95442
the medicaid program ~~established under Chapter 5111. of the~~	95443
~~Revised Code~~.	95444

(E)(1) "Group practice" means a group of two or more holders	95445
of certificates under this chapter legally organized as a	95446
partnership, professional corporation or association, limited	95447
liability company, foundation, nonprofit corporation, faculty	95448
practice plan, or similar group practice entity, including an	95449
organization comprised of a nonprofit medical clinic that	95450
contracts with a professional corporation or association of	95451
physicians to provide medical services exclusively to patients of	95452
the clinic in order to comply with section 1701.03 of the Revised	95453
Code and including a corporation, limited liability company,	95454
partnership, or professional association described in division (B)	95455
of section 4731.226 of the Revised Code formed for the purpose of	95456
providing a combination of the professional services of	95457
optometrists who are licensed, certificated, or otherwise legally	95458
authorized to practice optometry under Chapter 4725. of the	95459
Revised Code, chiropractors who are licensed, certificated, or	95460
otherwise legally authorized to practice chiropractic or	95461
acupuncture under Chapter 4734. of the Revised Code, psychologists	95462
who are licensed, certificated, or otherwise legally authorized to	95463
practice psychology under Chapter 4732. of the Revised Code,	95464
registered or licensed practical nurses who are licensed,	95465
certificated, or otherwise legally authorized to practice nursing	95466
under Chapter 4723. of the Revised Code, pharmacists who are	95467
licensed, certificated, or otherwise legally authorized to	95468
practice pharmacy under Chapter 4729. of the Revised Code,	95469
physical therapists who are licensed, certificated, or otherwise	95470
legally authorized to practice physical therapy under sections	95471
4755.40 to 4755.56 of the Revised Code, occupational therapists	95472
who are licensed, certificated, or otherwise legally authorized to	95473
practice occupational therapy under sections 4755.04 to 4755.13 of	95474
the Revised Code, mechanotherapists who are licensed,	95475
certificated, or otherwise legally authorized to practice	95476
mechanotherapy under section 4731.151 of the Revised Code, and	95477
doctors of medicine and surgery, osteopathic medicine and surgery,	95478
or podiatric medicine and surgery who are licensed, certificated,	95479
or otherwise legally authorized for their respective practices	95480
under this chapter, to which all of the following apply:	95481

(a) Each physician who is a member of the group practice	95482
provides substantially the full range of services that the	95483
physician routinely provides, including medical care,	95484
consultation, diagnosis, or treatment, through the joint use of	95485
shared office space, facilities, equipment, and personnel.	95486

(b) Substantially all of the services of the members of the	95487
group are provided through the group and are billed in the name of	95488
the group and amounts so received are treated as receipts of the	95489
group.	95490

(c) The overhead expenses of and the income from the practice	95491
are distributed in accordance with methods previously determined	95492
by members of the group.	95493

(d) The group practice meets any other requirements that the	95494
state medical board applies in rules adopted under section 4731.70	95495
of the Revised Code.	95496

(2) In the case of a faculty practice plan associated with a	95497
hospital with a medical residency training program in which	95498
physician members may provide a variety of specialty services and	95499
provide professional services both within and outside the group,	95500
as well as perform other tasks such as research, the criteria in	95501
division (E)(1) of this section apply only with respect to	95502
services rendered within the faculty practice plan.	95503

(F) "Home health care services" and "immediate family" have	95504
the same meanings as in the rules adopted under section 4731.70 of	95505
the Revised Code.	95506

(G) "Hospital" has the same meaning as in section 3727.01 of	95507
the Revised Code.	95508

(H) A "referral" includes both of the following:

95509

(1) A request by a holder of a certificate under this chapter	95510
for an item or service, including a request for a consultation	95511
with another physician and any test or procedure ordered by or to	95512
be performed by or under the supervision of the other physician;	95513

(2) A request for or establishment of a plan of care by a	95514
certificate holder that includes the provision of designated	95515
health services.	95516

(I) "Third-party payer" has the same meaning as in section	95517
3901.38 of the Revised Code.	95518

Sec. 4731.71. The auditor of state may implement procedures	95519
to detect violations of section 4731.66 or 4731.69 of the Revised	95520
Code within governmental health care programs administered by the	95521
state. The auditor of state shall report any violation of either	95522
section to the state medical board and shall certify to the	95523
attorney general in accordance with section 131.02 of the Revised	95524
Code the amount of any refund owed to a state-administered	95525
governmental health care program under section 4731.69 of the	95526
Revised Code as a result of a violation. If a refund is owed to	95527
the medicaid program ~~established under Chapter 5111. of the~~	95528
~~Revised Code~~, the auditor of state also shall report the amount to	95529
the department of ~~job and family services~~medicaid.	95530

The state medical board also may implement procedures to	95531
detect violations of section 4731.66 or 4731.69 of the Revised	95532
Code.	95533

Sec. 4732.06. The principal office of the state board of	95534
psychology shall be in Columbus, but it may meet or conduct	95535
business at any place in this state. The board may empower any one	95536
or more of its members to conduct any proceeding, hearing, or	95537
investigation necessary to its purposes, including the	95538
administration and enforcement of Chapter 4783. of the Revised	95539
Code. The board shall meet at least twice annually and at such	95540
other times as it determines. Special meetings may be called by	95541
the president and shall be called by the secretary upon the	95542
written request of two members.	95543

The board shall make such rules as are necessary to conduct	95544
its business.	95545

The board may employ such assistants and clerical help as are	95546
necessary to administer and enforce this chapter and Chapter 4783.	95547
of the Revised Code.	95548

Sec. 4732.07. The state board of psychology shall keep a	95549
record of its proceedings and a register of applicants for	95550
licenses under this chapter and applicants for certificates under	95551
Chapter 4783. of the Revised Code. The books and records of the	95552
board shall be prima-facie evidence of the matters therein	95553
contained. ~~Such records~~The records regarding licensure	95554
applications shall include applicants' written examination papers.	95555

Sec. 4732.08. All receipts of the state board of psychology	95556
from any source, including moneys collected under Chapter 4783. of	95557
the Revised Code, shall be deposited in the state treasury to the	95558
credit of the occupational licensing and regulatory fund."	95559

Sec. 4734.41. (A) As used in this section:

95560

(1) "Chemical dependency" means either of the following:

95561

(a) The chronic and habitual use of alcoholic beverages to	95562
the extent that the user no longer can control the use of alcohol	95563
or endangers the user's health, safety, or welfare or that of	95564
others;	95565

(b) The use of a controlled substance as defined in section	95566
3719.01 of the Revised Code, a harmful intoxicant as defined in	95567
section 2925.01 of the Revised Code, or a dangerous drug as	95568
defined in section 4729.01 of the Revised Code, to the extent that	95569
the user becomes physically or psychologically dependent on the	95570
substance, intoxicant, or drug or endangers the user's health,	95571
safety, or welfare or that of others.	95572

(2) "Mental illness" means a recognized psychiatric or	95573
psychological condition, disorder, or syndrome that has been	95574
diagnosed by a psychiatrist, psychologist, professional clinical	95575
counselor, or independent social worker as a condition, disorder,	95576
or syndrome that may pose a danger to the person diagnosed or	95577
others or may prevent the person from practicing the person's	95578
profession according to acceptable and prevailing standards of	95579
care.	95580

(B) The state chiropractic board shall establish a chemical	95581
dependency and mental illness monitoring program. The program	95582
shall be made available to any individual under the board's	95583
jurisdiction who has a chemical dependency or mental illness and	95584
meets the board's eligibility requirements for admission to and	95585
continued participation in the program. The board shall develop	95586
the program and may designate a coordinator to administer it or	95587
enter into a contract for the program to be administered by	95588
another entity through a coordinator. The board shall adopt rules	95589
in accordance with Chapter 119. of the Revised Code that establish	95590
standards and procedure for operating the program.	95591

(C) Except as provided in division (D) of this section, all	95592
records of an individual's participation in the monitoring	95593
program, including medical records, chemical dependency records,	95594
and mental health records, shall be confidential, are not public	95595
records for the purposes of section 149.43 of the Revised Code,	95596
and are not subject to discovery by subpoena or ~~admissble~~	95597
admissible as evidence in any judicial proceeding. The program	95598
coordinator shall maintain all records as directed by the board.	95599

(D) The monitoring program's coordinator may disclose records	95600
or information regarding an individual's progress and status of	95601
participation in the program to the disciplinary section of the	95602
board and to any person or government entity that the program	95603
participant authorizes in writing to be given the records or	95604
information.	95605

In disclosing records or information under this division, the	95606
coordinator shall not include any record or information that is	95607
protected under section ~~3793.13~~5119.27 of the Revised Code or any	95608
federal statute or regulation that provides for the	95609
confidentiality of mental health or substance abuse records.	95610

(E) In the absence of fraud or bad faith, the monitoring	95611
program's coordinator, the board and the board's employees and	95612
representatives are not liable for damages in any civil action as	95613
a result of disclosing records or information in accordance with	95614
division (D) of this section. In the absence of fraud or bad	95615
faith, any person reporting to the program an individual's	95616
chemical dependency or mental illness, or the progress or lack of	95617
progress of that individual with regard to treatment, is not	95618
liable for damages in any civil action as a result of the report.	95619

(F) The board may abstain from taking formal disciplinary	95620
action under section 4734.31 of the Revised Code against an	95621
individual because of the individual's chemical dependency or	95622
mental illness, if the individual meets the eligibility	95623
requirements for admission into the monitoring program and all of	95624
the following occur:	95625

(1) The individual enters into a monitoring agreement with	95626
the coordinator of the program;	95627

(2) The individual complies with the terms and conditions for	95628
continued participation in the program, as specified in the	95629
monitoring agreement;	95630

(3) The individual successfully completes the terms and	95631
conditions of the monitoring agreement, including the condition	95632
that the individual attain the ability to practice in accordance	95633
with acceptable and prevailing standards of care applicable to the	95634
practice of chiropractic.	95635

Sec. 4735.07. (A) The superintendent of real estate, with	95636
the consent of the Ohio real estate commission, may enter into	95637
agreements with recognized national testing services to administer	95638
the real estate broker's examination under the superintendent's	95639
supervision and control, consistent with the requirements of this	95640
chapter as to the contents of such examination.	95641

(B) No applicant for a real estate broker's license shall	95642
take the broker's examination who has not established to the	95643
satisfaction of the superintendent that the applicant:	95644

(1) Is honest, truthful, and of good reputation;

95645

(2)(a) Has not been convicted of a felony or crime of moral	95646
turpitude, or if the applicant has been so convicted, the	95647
superintendent has disregarded the conviction because the	95648
applicant has proven to the superintendent, by a preponderance of	95649
the evidence, that the applicant's activities and employment	95650
record since the conviction show that the applicant is honest,	95651
truthful, and of good reputation, and there is no basis in fact	95652
for believing that the applicant again will violate the laws	95653
involved;	95654

(b) Has not been finally adjudged by a court to have violated	95655
any municipal, state, or federal civil rights laws relevant to the	95656
protection of purchasers or sellers of real estate or, if the	95657
applicant has been so adjudged, at least two years have passed	95658
since the court decision and the superintendent has disregarded	95659
the adjudication because the applicant has proven, by a	95660
preponderance of the evidence, that the applicant's activities and	95661
employment record since the adjudication show that the applicant	95662
is honest, truthful, and of good reputation, and there is no basis	95663
in fact for believing that the applicant will again violate the	95664
laws involved.	95665

(3) Has not, during any period in which the applicant was	95666
licensed under this chapter, violated any provision of, or any	95667
rule adopted pursuant to, this chapter, or, if the applicant has	95668
violated any such provision or rule, has established to the	95669
satisfaction of the superintendent that the applicant will not	95670
again violate such provision or rule;	95671

(4) Is at least eighteen years of age;

95672

(5) Has been a licensed real estate broker or salesperson for	95673
at least two years; during at least two of the five years	95674
preceding the person's application, has worked as a licensed real	95675
estate broker or salesperson for an average of at least thirty	95676
hours per week; and has completed one of the following:	95677

(a) At least twenty real estate transactions, in which	95678
property was sold for another by the applicant while acting in the	95679
capacity of a real estate broker or salesperson;	95680

(b) Such equivalent experience as is defined by rules adopted	95681
by the commission.	95682

(6)(a) If licensed as a real estate salesperson prior to	95683
August 1, 2001, successfully has completed at an institution of	95684
higher education all of the following:	95685

(i) Thirty hours of classroom instruction in real estate	95686
practice;	95687

(ii) Thirty hours of classroom instruction that includes the	95688
subjects of Ohio real estate law, municipal, state, and federal	95689
civil rights law, new case law on housing discrimination,	95690
desegregation issues, and methods of eliminating the effects of	95691
prior discrimination. If feasible, the classroom instruction in	95692
Ohio real estate law shall be taught by a member of the faculty of	95693
an accredited law school. If feasible, the classroom instruction	95694
in municipal, state, and federal civil rights law, new case law on	95695
housing discrimination, desegregation issues, and methods of	95696
eliminating the effects of prior discrimination shall be taught by	95697
a staff member of the Ohio civil rights commission who is	95698
knowledgeable with respect to those subjects. The requirements of	95699
this division do not apply to an applicant who is admitted to	95700
practice before the supreme court.	95701

(iii) Thirty hours of classroom instruction in real estate	95702
appraisal;	95703

(iv) Thirty hours of classroom instruction in real estate	95704
finance;	95705

(v) Three quarter hours, or its equivalent in semester hours,	95706
in financial management;	95707

(vi) Three quarter hours, or its equivalent in semester	95708
hours, in human resource or personnel management;	95709

(vii) Three quarter hours, or its equivalent in semester	95710
hours, in applied business economics;	95711

(viii) Three quarter hours, or its equivalent in semester	95712
hours, in business law.	95713

(b) If licensed as a real estate salesperson on or after	95714
August 1, 2001, successfully has completed at an institution of	95715
higher education all of the following:	95716

(i) Forty hours of classroom instruction in real estate	95717
practice;	95718

(ii) Forty hours of classroom instruction that includes the	95719
subjects of Ohio real estate law, municipal, state, and federal	95720
civil rights law, new case law on housing discrimination,	95721
desegregation issues, and methods of eliminating the effects of	95722
prior discrimination. If feasible, the classroom instruction in	95723
Ohio real estate law shall be taught by a member of the faculty of	95724
an accredited law school. If feasible, the classroom instruction	95725
in municipal, state, and federal civil rights law, new case law on	95726
housing discrimination, desegregation issues, and methods of	95727
eliminating the effects of prior discrimination shall be taught by	95728
a staff member of the Ohio civil rights commission who is	95729
knowledgeable with respect to those subjects. The requirements of	95730
this division do not apply to an applicant who is admitted to	95731
practice before the supreme court.	95732

(iii) Twenty hours of classroom instruction in real estate	95733
appraisal;	95734

(iv) Twenty hours of classroom instruction in real estate	95735
finance;	95736

(v) The training in the amount of hours specified under	95737
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	95738

(c) Division (B)(6)(a) or (b) of this section does not apply	95739
to any applicant who holds a valid real estate salesperson's	95740
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	95741
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	95742
do not apply to any applicant who holds a valid real estate	95743
salesperson's license issued prior to January 3, 1984.	95744

(d) Divisions (B)(6)(a)(iii) and (B)(6)(b)(iii) of this	95745
section do not apply to any new applicant who holds a valid Ohio	95746
real estate appraiser license or certificate issued prior to the	95747
date of application for a real estate broker's license.	95748

(7) If licensed as a real estate salesperson on or after	95749
January 3, 1984, satisfactorily has completed a minimum of two	95750
years of post-secondary education, or its equivalent in semester	95751
or quarter hours, at an institution of higher education, and has	95752
fulfilled the requirements of division (B)(6)(a) or (b) of this	95753
section. The requirements of division (B)(6)(a) or (b) of this	95754
section may be included in the two years of post-secondary	95755
education, or its equivalent in semester or quarter hours, that is	95756
required by this division.	95757

(C) Each applicant for a broker's license shall be examined	95758
in the principles of real estate practice, Ohio real estate law,	95759
and financing and appraisal, and as to the duties of real estate	95760
brokers and real estate salespersons, the applicant's knowledge of	95761
real estate transactions and instruments relating to them, and the	95762
canons of business ethics pertaining to them. The commission from	95763
time to time shall promulgate such canons and cause them to be	95764
published in printed form.	95765

(D) Examinations shall be administered with reasonable	95766
accommodations in accordance with the requirements of the	95767
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	95768
U.S.C. 12101. The contents of an examination shall be consistent	95769
with the requirements of division (B)(6) of this section and with	95770
the other specific requirements of this section. An applicant who	95771
has completed the requirements of division (B)(6) of this section	95772
at the time of application shall be examined no later than twelve	95773
months after the applicant is notified of admission to the	95774
examination.	95775

(E) The superintendent may waive one or more of the	95776
requirements of this section in the case of an application from a	95777
nonresident real estate broker pursuant to a reciprocity agreement	95778
with the licensing authority of the state from which the	95779
nonresident applicant holds a valid real estate broker license.	95780

(F) There shall be no limit placed on the number of times an	95781
applicant may retake the examination.	95782

(G)(1) Not earlier than the date of issue of a real estate	95783
broker's license to a licensee, but not later than twelve months	95784
after the date of issue of a real estate broker's license to a	95785
licensee, the licensee shall submit proof satisfactory to the	95786
superintendent, on forms made available by the superintendent, of	95787
the completion of ten hours of classroom instruction that shall	95788
be completed in schools, seminars, and educational institutions	95789
that are approved by the commission. Approval of the curriculum	95790
and providers shall be granted according to rules adopted pursuant	95791
to section 4735.10 of the Revised Code.	95792

If the required proof of completion is not submitted to the	95793
superintendent within twelve months of the date a license is	95794
issued under this section, the license of the real estate broker	95795
is suspended automatically without the taking of any action by the	95796
superintendent. The broker's license shall not be reactivated by	95797
the superintendent until it is established, to the satisfaction of	95798
the superintendent, that the requirements of this division have	95799
been met and that the licensee is in compliance with this chapter.	95800
A licensee's license is revoked automatically without the taking	95801
of any action by the superintendent if the licensee fails to	95802
submit proof of completion of the education requirements specified	95803
under division (G)(1) of this section within twelve months of the	95804
date the license is suspended.	95805

(2) If the license of a real estate broker is suspended	95806
pursuant to division (G)(1) of this section, the license of a real	95807
estate salesperson associated with that broker correspondingly is	95808
suspended pursuant to division (H) of section 4735.20 of the	95809
Revised Code. However, the suspended license of the associated	95810
real estate salesperson shall be reactivated and no fee shall be	95811
charged or collected for that reactivation if all of the following	95812
occur:	95813

(a) That broker subsequently submits satisfactory proof to	95814
the superintendent that the broker has complied with the	95815
requirements of division (G)(1) of this section and requests that	95816
the broker's license as a real estate broker be reactivated;	95817

(b) The superintendent then reactivates the broker's license	95818
as a real estate broker;	95819

(c) The associated real estate salesperson intends to	95820
continue to be associated with that broker and otherwise is in	95821
compliance with this chapter.	95822

Sec. 4735.09. (A) Application for a license as a real estate	95823
salesperson shall be made to the superintendent of real estate on	95824
forms furnished by the superintendent and signed by the applicant.	95825
The application shall be in the form prescribed by the	95826
superintendent and shall contain such information as is required	95827
by this chapter and the rules of the Ohio real estate commission.	95828
The application shall be accompanied by the recommendation of the	95829
real estate broker with whom the applicant is associated or with	95830
whom the applicant intends to be associated, certifying that the	95831
applicant is honest, truthful, and of good reputation, has not	95832
been convicted of a felony or a crime involving moral turpitude,	95833
and has not been finally adjudged by a court to have violated any	95834
municipal, state, or federal civil rights laws relevant to the	95835
protection of purchasers or sellers of real estate, which	95836
conviction or adjudication the applicant has not disclosed to the	95837
superintendent, and recommending that the applicant be admitted to	95838
the real estate salesperson examination.	95839

(B) A fee of sixty dollars shall accompany the application,	95840
which fee includes the fee for the initial year of the licensing	95841
period, if a license is issued. The initial year of the licensing	95842
period commences at the time the license is issued and ends on the	95843
applicant's first birthday thereafter. The application fee shall	95844
be nonrefundable. A fee of sixty dollars shall be charged by the	95845
superintendent for each successive application made by the	95846
applicant. One dollar of each application fee shall be credited to	95847
the real estate education and research fund.	95848

(C) There shall be no limit placed on the number of times an	95849
applicant may retake the examination.	95850

(D) The superintendent, with the consent of the commission,	95851
may enter into an agreement with a recognized national testing	95852
service to administer the real estate salesperson's examination	95853
under the superintendent's supervision and control, consistent	95854
with the requirements of this chapter as to the contents of the	95855
examination.	95856

If the superintendent, with the consent of the commission,	95857
enters into an agreement with a national testing service to	95858
administer the real estate salesperson's examination, the	95859
superintendent may require an applicant to pay the testing	95860
service's examination fee directly to the testing service. If the	95861
superintendent requires the payment of the examination fee	95862
directly to the testing service, each applicant shall submit to	95863
the superintendent a processing fee in an amount determined by the	95864
Ohio real estate commission pursuant to division (A)(1) of section	95865
4735.10 of the Revised Code.	95866

(E) The superintendent shall issue a real estate	95867
salesperson's license when satisfied that the applicant has	95868
received a passing score on each portion of the salesperson's	95869
examination as determined by rule by the real estate commission,	95870
except that the superintendent may waive one or more of the	95871
requirements of this section in the case of an applicant who is a	95872
licensed real estate salesperson in another state pursuant to a	95873
reciprocity agreement with the licensing authority of the state	95874
from which the applicant holds a valid real estate salesperson's	95875
license.	95876

(F) No applicant for a salesperson's license shall take the	95877
salesperson's examination who has not established to the	95878
satisfaction of the superintendent that the applicant:	95879

(1) Is honest, truthful, and of good reputation;

95880

(2)(a) Has not been convicted of a felony or crime of moral	95881
turpitude or, if the applicant has been so convicted, the	95882
superintendent has disregarded the conviction because the	95883
applicant has proven to the superintendent, by a preponderance of	95884
the evidence, that the applicant's activities and employment	95885
record since the conviction show that the applicant is honest,	95886
truthful, and of good reputation, and there is no basis in fact	95887
for believing that the applicant again will violate the laws	95888
involved;	95889

(b) Has not been finally adjudged by a court to have violated	95890
any municipal, state, or federal civil rights laws relevant to the	95891
protection of purchasers or sellers of real estate or, if the	95892
applicant has been so adjudged, at least two years have passed	95893
since the court decision and the superintendent has disregarded	95894
the adjudication because the applicant has proven, by a	95895
preponderance of the evidence, that the applicant is honest,	95896
truthful, and of good reputation, and there is no basis in fact	95897
for believing that the applicant again will violate the laws	95898
involved.	95899

(3) Has not, during any period in which the applicant was	95900
licensed under this chapter, violated any provision of, or any	95901
rule adopted pursuant to this chapter, or, if the applicant has	95902
violated such provision or rule, has established to the	95903
satisfaction of the superintendent that the applicant will not	95904
again violate such provision or rule;	95905

(4) Is at least eighteen years of age;

95906

(5) If born after the year 1950, has a high school diploma or	95907
its equivalent as recognized by the state department of education;	95908

(6) Has successfully completed at an institution of higher	95909
education all of the following:	95910

(a) Forty hours of classroom instruction in real estate	95911
practice;	95912

(b) Forty hours of classroom instruction that includes the	95913
subjects of Ohio real estate law, municipal, state, and federal	95914
civil rights law, new case law on housing discrimination,	95915
desegregation issues, and methods of eliminating the effects of	95916
prior discrimination. If feasible, the classroom instruction in	95917
Ohio real estate law shall be taught by a member of the faculty of	95918
an accredited law school. If feasible, the classroom instruction	95919
in municipal, state, and federal civil rights law, new case law on	95920
housing discrimination, desegregation issues, and methods of	95921
eliminating the effects of prior discrimination shall be taught by	95922
a staff member of the Ohio civil rights commission who is	95923
knowledgeable with respect to those subjects. The requirements of	95924
this division do not apply to an applicant who is admitted to	95925
practice before the supreme court.	95926

(c) Twenty hours of classroom instruction in real estate	95927
appraisal;	95928

(d) Twenty hours of classroom instruction in real estate	95929
finance.	95930

(G) Division (F)(6)(c) of this section does not apply to any	95931
new applicant who holds a valid Ohio real estate appraiser license	95932
or certificate issued prior to the date of application for a real	95933
estate salesperson's license.	95934

(H) Any person who has not been licensed as a real estate	95935
salesperson or broker within a four-year period immediately	95936
preceding the person's current application for the salesperson's	95937
examination shall have successfully completed the prelicensure	95938
classroom instruction required by division (F)(6) of this section	95939
within a ten-year period immediately preceding the person's	95940
current application for the salesperson's examination.	95941

~~(H)~~(I) Not earlier than the date of issue of a real estate	95942
salesperson's license to a licensee, but not later than twelve	95943
months after the date of issue of a real estate salesperson	95944
license to a licensee, the licensee shall submit proof	95945
satisfactory to the superintendent, on forms made available by the	95946
superintendent, of the completion of ten hours of classroom	95947
instruction that shall be completed in schools, seminars, and	95948
educational institutions approved by the commission. Approval of	95949
the curriculum and providers shall be granted according to rules	95950
adopted pursuant to section 4735.10 of the Revised Code.	95951

If proof of completion of the required instruction is not	95952
submitted within twelve months of the date a license is issued	95953
under this section, the licensee's license is suspended	95954
automatically without the taking of any action by the	95955
superintendent. The superintendent immediately shall notify the	95956
broker with whom such salesperson is associated of the suspension	95957
of the salesperson's license. A salesperson whose license has been	95958
suspended under this division shall have twelve months after the	95959
date of the suspension of the salesperson's license to submit	95960
proof of successful completion of the instruction required under	95961
this division. No such license shall be reactivated by the	95962
superintendent until it is established, to the satisfaction of the	95963
superintendent, that the requirements of this division have been	95964
met and that the licensee is in compliance with this chapter. A	95965
licensee's license is revoked automatically without the taking of	95966
any action by the superintendent when the licensee fails to submit	95967
the required proof of completion of the education requirements	95968
under division ~~(H)~~(I) of this section within twelve months of the	95969
date the license is suspended.	95970

~~(I)~~(J) Examinations shall be administered with reasonable	95971
accommodations in accordance with the requirements of the	95972
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	95973
U.S.C. 12189. The contents of an examination shall be consistent	95974
with the classroom instructional requirements of division (F)(6)	95975
of this section. An applicant who has completed the classroom	95976
instructional requirements of division (F)(6) of this section at	95977
the time of application shall be examined no later than twelve	95978
months after the applicant is notified of the applicant's	95979
admission to the examination.	95980

Sec. 4735.10. (A)(1) The Ohio real estate commission may	95981
adopt reasonable rules in accordance with Chapter 119. of the	95982
Revised Code, necessary for implementing the provisions of this	95983
chapter relating, but not limited to, the following:	95984

(a) The form and manner of filing applications for licensure;

95985

(b) Times and form of examination for license;

95986

(c) Placing an existing broker's license on deposit or a	95987
salesperson's license on an inactive status for an indefinite	95988
period;	95989

(d) Specifying the process by which a licensee may resign the	95990
licensee's license;	95991

(e) Defining any additional license status that the	95992
commission determines is necessary and that is not otherwise	95993
defined in this chapter and establishing the process by which a	95994
licensee places the licensee's license in a status defined by the	95995
commission in the rules the commission adopts;	95996

(f) Clarification of the activities that require a license	95997
under this chapter.	95998

(2) The commission shall adopt reasonable rules in accordance	95999
with Chapter 119. of the Revised Code, for implementing the	96000
provisions of this chapter relating to the following:	96001

(a) The issuance, renewal, suspension, and revocation of	96002
licenses, other sanctions that may be imposed for violations of	96003
this chapter, the conduct of hearings related to these actions,	96004
and the process of reactivating a license;	96005

(b) A three-year license and a three-year license renewal	96006
system;	96007

(c) Standards for the approval of the ten-hour postlicensure	96008
courses as required by division (G) of section 4735.07 and	96009
division ~~(H)~~(I) of section 4735.09 of the Revised Code, courses of	96010
study required for licenses, courses offered in preparation for	96011
license examinations, or courses required as continuing education	96012
for licenses.	96013

(d) Guidelines to ensure that continuing education classes	96014
are open to all persons licensed under this chapter. The rules	96015
shall specify that an organization that sponsors a continuing	96016
education class may offer its members a reasonable reduction in	96017
the fees charged for the class.	96018

(e) Requirements for trust accounts and property management	96019
accounts. The rules shall specify that:	96020

(i) Brokerages engaged in the management of property for	96021
another may, pursuant to a written contract with the property	96022
owner, exercise signatory authority for withdrawals from property	96023
management accounts maintained in the name of the property owner.	96024
The exercise of authority for withdrawals does not constitute a	96025
violation of any provision of division (A) of section 4735.18 of	96026
the Revised Code.	96027

(ii) The interest earned on property management trust	96028
accounts maintained in the name of the property owner or the	96029
broker shall be payable to the property owner unless otherwise	96030
specified in a written contract.	96031

(f) Notice of renewal forms and filing deadlines;

96032

(g) Special assessments under division (A) of section 4735.12	96033
of the Revised Code.	96034

(B) The commission may adopt rules in accordance with Chapter	96035
119. of the Revised Code establishing standards and guidelines	96036
with which the superintendent of real estate shall comply in the	96037
exercise of the following powers:	96038

(1) Appointment and recommendation of ancillary trustees	96039
under section 4735.05 of the Revised Code;	96040

(2) Rejection of names proposed to be used by partnerships,	96041
associations, limited liability companies, limited liability	96042
partnerships, and corporations, under division (A) of section	96043
4735.06 of the Revised Code;	96044

(3) Acceptance and rejection of applications to take the	96045
broker and salesperson examinations and licensure, with	96046
appropriate waivers pursuant to division (E) of section 4735.07	96047
and section 4735.09 of the Revised Code;	96048

(4) Approval of applications of brokers to place their	96049
licenses in an inactive status and to become salespersons under	96050
section 4735.13 of the Revised Code;	96051

(5) Appointment of hearing examiners under section 119.09 of	96052
the Revised Code;	96053

(6) Acceptance and rejection of applications to take the	96054
foreign real estate dealer and salesperson examinations and	96055
licensure, with waiver of examination, under sections 4735.27 and	96056
4735.28 of the Revised Code;	96057

(7) Qualification of foreign real estate under section	96058
4735.25 of the Revised Code.	96059

If at any time there is no rule in effect establishing a	96060
guideline or standard required by this division, the	96061
superintendent may adopt a rule in accordance with Chapter 119. of	96062
the Revised Code for such purpose.	96063

(C) The commission or superintendent may hear testimony in	96064
matters relating to the duties imposed upon them, and the	96065
president of the commission and superintendent may administer	96066
oaths. The commission or superintendent may require other proof of	96067
the honesty, truthfulness, and good reputation of any person named	96068
in an application for a real estate broker's or real estate	96069
salesperson's license before admitting the applicant to the	96070
examination or issuing a license.	96071

Sec. 4735.142. (A) Any person licensed under section 4735.07	96072
or 4735.09 of the Revised Code, at any time prior to the date the	96073
licensee is required to file a notice of renewal pursuant to	96074
division (B) of section 4735.14 of the Revised Code may apply to	96075
the superintendent of real estate and professional licensing to	96076
place the licensee's license in a permanently resigned status.	96077

(B) A licensee, at any time during which a license has been	96078
suspended pursuant to division (G) of section 4735.07, division	96079
~~(H)~~(I) of section 4735.09, division (E) of section 4735.12,	96080
division (C) of section 4735.14, division (C) of section 4735.141,	96081
or section 4735.182 of the Revised Code, may apply to the	96082
superintendent on a form prescribed by the superintendent to	96083
permanently resign the licensee's license voluntarily. The	96084
resignation of a license is considered to be final without the	96085
taking of any action by the superintendent.	96086

(C) If a person whose license is in a permanently resigned	96087
status pursuant to a request made under this section wishes to	96088
obtain an active or inactive license, the person shall apply for	96089
such a license in accordance with the requirements specified in	96090
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	96091
in the rules adopted by the commission pursuant to division (A) of	96092
section 4735.10 of the Revised Code.	96093

(D) If placing a broker's license in a permanently resigned	96094
status will result in the closure of the broker's brokerage, the	96095
broker, within three days after applying to the superintendent to	96096
place the license in a permanently resigned status, shall provide	96097
to each salesperson associated with that broker a written notice	96098
stating that fact.	96099

(E) This section does not apply to any licensee whose license	96100
has been suspended pursuant to division (F) of section 4735.181 of	96101
the Revised Code or due to disciplinary action ordered by the	96102
commission pursuant to section 4735.051 of the Revised Code.	96103

Sec. 4735.56. (A) Each brokerage shall develop a written	96104
brokerage policy on agency to be given to prospective sellers and	96105
purchasers in accordance with divisions (C) and (D) of this	96106
section.	96107

(B) The brokerage policy on agency described in division (A)	96108
of this section shall include all of the following information:	96109

(1) An explanation of the permissible agency relationships	96110
available under section 4735.53 of the Revised Code and the duties	96111
that the agent owes the agent's client;	96112

(2) The brokerage's policy on representation of purchasers or	96113
sellers;	96114

(3) Whether at some time during the agency relationship the	96115
brokerage and its licensee may act as a dual agent, and the	96116
options and consequences for the client if a dual agency situation	96117
arises including the right of the client to terminate the agency	96118
relationship and seek representation from another source;	96119

(4) Whether at some time during the agency relationship,	96120
another licensee affiliated with the same brokerage as the	96121
licensee may become the exclusive agent for the other party in the	96122
transaction and whether each licensee will represent only the	96123
interests of that licensee's client;	96124

(5) The brokerage's policy on cooperation with other	96125
brokerages, including whether the brokerage offers compensation to	96126
other brokerages or will seek compensation from other brokerages;	96127

(6) That a brokerage that has a purchaser as a client	96128
represents the purchaser's interests even though the seller's	96129
agent or the seller may compensate that purchaser's brokerage;	96130

(7) That the signature of the purchaser or the seller	96131
indicates acknowledgement of receipt of the brokerage policy on	96132
agency.	96133

(C) A licensee acting as a seller's agent shall provide the	96134
seller with the brokerage policy on agency described in this	96135
section prior to marketing or showing the seller's real estate and	96136
shall obtain a signature from the seller acknowledging receipt	96137
unless the seller refuses to provide a signature. If the seller	96138
refuses to provide a signature, the licensee shall note this on	96139
the policy.	96140

(D) A licensee working directly with a purchaser in a real	96141
estate transaction, whether as the purchaser's agent, the seller's	96142
agent, or the seller's subagent, shall provide the purchaser with	96143
the brokerage policy on agency described in this section and	96144
obtain a signature from the purchaser acknowledging receipt of the	96145
policy unless the purchaser refuses to provide a signature. If the	96146
purchaser refuses to provide a signature, the licensee shall note	96147
this on the policy. Except as provided in division (E) of this	96148
section, the licensee shall provide the brokerage policy on agency	96149
to a purchaser prior to the earliest of the following actions of	96150
the licensee:	96151

(1) Initiating a prequalification evaluation to determine	96152
whether the purchaser has the financial ability to purchase or	96153
lease a particular real estate property;	96154

(2) Requesting specific financial information from the	96155
purchaser to determine the purchaser's ability to purchase or	96156
finance real estate in a particular price range;	96157

(3) Showing the real estate to the purchaser other than at an	96158
open house;	96159

(4) Discussing, with the purchaser, the making of an offer to	96160
purchase or lease real estate;	96161

(5) Submitting an offer to purchase or lease real estate on	96162
behalf of the purchaser.	96163

(E) If the earliest event described in division (D) of this	96164
section is by telephone or electronic mail, the licensee shall	96165
disclose by that same medium the nature of the agency relationship	96166
that the licensee has with both the seller and the purchaser. The	96167
licensee shall provide the purchaser with the brokerage policy on	96168
agency described in this section at the first meeting with the	96169
purchaser following this disclosure of the agency relationship.	96170

(F) A licensee acting as a seller's agent is not required to	96171
provide a purchaser with the brokerage policy on agency described	96172
in this section except in the case of an event described in	96173
division (D) of this section.	96174

(G) The requirements of this section regarding provision of a	96175
brokerage policy on agency ~~do not~~ apply only in ~~any of~~ the	96176
following situations:	96177

(1) The sale or lease of vacant land;

96178

(2) The sale of a parcel of real estate containing one to	96179
four residential units;	96180

(3) The ~~rental or~~ leasing of residential premises as defined	96181
in section 5321.01 of the Revised Code, if the rental or lease	96182
agreement ~~can be performed in~~is for a term of more than eighteen	96183
months ~~or less;~~	96184

~~(2) The referral of a prospective purchaser or seller to~~	96185
~~another licensee;~~	96186

~~(3) Transactions involving the sale, lease, or exchange of~~	96187
~~foreign real estate as defined in division (E) of section 4735.01~~	96188
~~of the Revised Code;~~	96189

~~(4) Transactions involving the sale of a cemetery lot or a~~	96190
~~cemetery interment right~~.	96191

Sec. 4742.01. As used in this chapter:

96192

(A) "Emergency service provider" has the same meaning as in	96193
section ~~5507.01~~128.01 of the Revised Code.	96194

(B) "Emergency service telecommunicator" means an individual	96195
employed by an emergency service provider, whose primary	96196
responsibility is to be an operator for the receipt or processing	96197
of calls for emergency services made by telephone, radio, or other	96198
electronic means.	96199

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	96200
of the Revised Code:	96201

(A) "Long-term services and supports settings" means any	96202
institutional or community-based setting in which medical, health,	96203
psycho-social, habilitative, rehabilitative, or personal care	96204
services are provided to individuals on a post-acute care basis.	96205

(B) "Nursing home administrator" means any individual	96206
responsible for planning, organizing, directing, and managing the	96207
operation of a nursing home, or who in fact performs such	96208
function, whether or not such functions and duties are shared by	96209
one or more other persons.	96210

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	96211
under the authority of section 3721.01 of the Revised Code, or a	96212
nursing home operated by a governmental agency.	96213

~~(C)~~(D) "Temporary license" means a license for a period not	96214
to exceed one hundred eighty days issued pursuant to division (B)	96215
of section 4751.06 of the Revised Code.	96216

~~(D)~~(E) "Valid license" means a license which is current and	96217
in good standing.	96218

Sec. 4751.02. (A) No person shall operate a nursing home	96219
unless it is under the supervision of an administrator whose	96220
principal occupation is nursing home administration or hospital	96221
administration and who holds a valid nursing home administrator's	96222
license and registration, or a temporary license, issued pursuant	96223
to Chapter 4751. of the Revised Code.	96224

(B) No person other than a licensed and registered nursing	96225
home administrator or person holding a temporary license as	96226
required by Chapter 4751. of the Revised Code shall practice or	96227
offer to practice nursing home administration in this state. All	96228
nursing home administrators and temporary licensees shall comply	96229
with Chapter 4751. of the Revised Code and the regulations adopted	96230
thereunder.	96231

(C) Every operator of a nursing home shall report to the	96232
board of ~~examiners~~executives of ~~nursing home administrators~~	96233
long-term services and supports the name and license number of	96234
each nursing home administrator for said home within ten days	96235
after the operator engages a nursing home administrator, and	96236
within ten days after a nursing home administrator is no longer	96237
engaged as such by such operator for said home.	96238

(D) Each individual who holds a nursing home administrator	96239
license or temporary license shall report ~~his~~the individual's	96240
residence mailing address and the name and address of each place	96241
of employment to the board within ten days after any change.	96242

Sec. 4751.03. (A) There is hereby established in the	96243
department of health a board of ~~examiners~~executives of ~~nursing~~	96244
~~home administrators~~long-term services and supports, which board	96245
shall be composed of ~~nine~~the following eleven members~~, eight of~~	96246
~~whom shall be representative of the professions and institutions~~	96247
~~concerned with care and treatment of chronically ill or infirm~~	96248
~~aged patients, and one of whom shall be a public member at least~~	96249
~~sixty years of age, provided that less than a majority of the~~	96250
~~board members shall be representative of a single profession or~~	96251
~~institutional category, and provided further that a person~~	96252
~~appointed as a noninstitutional member shall neither have nor~~	96253
~~acquire any direct financial interest in a nursing home. For~~	96254
~~purposes of this section, nursing home administrators are~~	96255
~~considered representatives of institutions.~~	96256

~~Four members shall be nursing home administrators, owners of~~	96257
~~nursing homes or an officer of a corporation owning a nursing~~	96258
~~home. The director of health or his designated representative~~	96259
~~shall be a member. All~~:	96260

(1) Four members who are nursing home administrators, owners	96261
of nursing homes, or officers of corporations owning nursing	96262
homes, and who shall have an understanding of person-centered	96263
care, and experience with a range of long-term services and	96264
supports settings;	96265

(2) Three members who work in long-term services and supports	96266
settings that are not nursing homes, and who shall have an	96267
understanding of person-centered care, and experience with a range	96268
of long-term services and supports settings;	96269

(3) One member who is a member of the academic community;

96270

(4) One member who is a consumer of services offered in a	96271
long-term services and supports setting;	96272

(5) One member who is a representative of the department of	96273
health, designated by the director of health, who is involved in	96274
the nursing home survey and certification process;	96275

(6) One member who is a representative of the office of the	96276
state long-term care, designated by the state long-term care	96277
ombudsman.	96278

All members of the board shall be citizens of the United	96279
States and residents of this state. No member of the board who is	96280
appointed under divisions (A)(3) to (6) of this section may have	96281
or acquire any direct financial interest in a nursing home or	96282
long-term services and supports settings.	96283

(B) The term of office for each appointed member of the board	96284
shall be for three years, commencing on the twenty-eighth day of	96285
May and ending on the twenty-seventh day of May. Each member shall	96286
serve from the date of ~~his~~ appointment until the end of the term	96287
for which ~~he was~~ appointed. No member shall serve more than two	96288
consecutive full terms.	96289

(C) Appointments to the board shall be made by the governor.	96290
Any member appointed to fill a vacancy occurring prior to the	96291
expiration of the term for which ~~his~~the member's predecessor was	96292
appointed shall hold office for the remainder of such term. Any	96293
appointed member shall continue in office subsequent to the	96294
expiration date of ~~his~~the member's term until ~~his~~the member's	96295
successor takes office, or until a period of sixty days has	96296
elapsed, whichever occurs first.	96297

(D) The governor may remove any member of the board for	96298
misconduct, incapacity, incompetence, or neglect of duty after the	96299
member so charged has been served with a written statement of	96300
charges and has been given an opportunity to be heard.	96301

(E) Each member of the board, except the member designated by	96302
the director of health ~~or his~~and the member designated	96303
~~representative~~by the ombudsman, shall be paid in accordance with	96304
section 124.15 of the Revised Code and each member shall be	96305
reimbursed for ~~his~~the member's actual and necessary expenses	96306
incurred in the discharge of such duties.	96307

(F) The board shall elect annually from its membership a	96308
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	96309

(G) The board shall hold and conduct meetings quarterly and	96310
at such other times as its business requires. A majority of the	96311
board shall constitute a quorum. The affirmative vote of a	96312
majority of the members of the board is necessary for the board to	96313
act.	96314

(H) The board shall appoint a secretary who has no financial	96315
interest in a ~~nursing home~~long-term services and supports	96316
setting, and may employ and prescribe the powers and duties of	96317
such employees and consultants as are necessary to carry out this	96318
chapter and the rules adopted under it. ~~Administrative, technical,~~	96319
~~or other services shall be performed, insofar as practicable, by~~	96320
~~personnel of the department of health.~~	96321

Sec. 4751.04. (A) The board of ~~examiners~~executives of	96322
~~nursing home administrators~~long-term services and supports shall:	96323

(1) Develop, adopt, impose, and enforce regulations	96324
prescribing standards which must be met by individuals in order to	96325
receive a license as a nursing home administrator, which standards	96326
shall be designed to ensure that nursing home administrators are	96327
of good character and are otherwise suitable, and who, by training	96328
and experience, are qualified to serve as nursing home	96329
administrators;	96330

(2) Develop and apply appropriate techniques, including	96331
examinations and investigations, for determining whether an	96332
individual meets such standards;	96333

(3) Issue licenses and registrations to individuals	96334
determined, after application of such techniques, to meet such	96335
standards, and revoke or suspend licenses or registrations	96336
previously issued by the board in any case where the individual	96337
holding such license or registration is determined to have failed	96338
substantially to conform to the requirements of such standards;	96339

(4) Develop, adopt, impose, and enforce regulations and	96340
procedures designed to ensure that individuals holding a temporary	96341
license, or licensed as nursing home administrators will, during	96342
any period that they serve as such, comply with Chapter 4751. of	96343
the Revised Code and the regulations adopted thereunder;	96344

(5) Receive, investigate, and take appropriate action with	96345
respect to any charge or complaint filed with the board to the	96346
effect that any individual licensed as a nursing home	96347
administrator has failed to comply with Chapter 4751. of the	96348
Revised Code and the regulations adopted thereunder;	96349

(6) Take such other actions as may be necessary to enable the	96350
state to meet the requirements set forth in the "Social Security	96351
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	96352

(7) Pay all license and registration fees collected under	96353
Chapter 4751. of the Revised Code into the general operations fund	96354
created by section 3701.83 of the Revised Code to be used in	96355
administering and enforcing this chapter and the rules adopted	96356
under it;	96357

(8) Administer, or contract with a government or private	96358
entity to administer, examinations for licensure as a nursing home	96359
administrator. If the board contracts with a government or private	96360
entity to administer the examinations, the contract may authorize	96361
the entity to collect and keep, as all or part of the entity's	96362
compensation under the contract, any fee an applicant for	96363
licensure pays to take an examination. The entity is not required	96364
to deposit the fee into the state treasury;	96365

(9) Enter into a contract with the department of health as	96366
required under section 4751.042 of the Revised Code;	96367

(10) Create opportunities for the education, training, and	96368
credentialing of nursing home administrators and others in	96369
leadership positions who practice in long-term services and	96370
supports settings or who direct the practices of others in those	96371
settings. In carrying out this function, the board shall do the	96372
following:	96373

(a) Identify core competencies and areas of knowledge that	96374
are appropriate for nursing home administrators and others working	96375
within the long-term services and supports settings system, with	96376
an emphasis on all of the following:	96377

(i) Leadership;

96378

(ii) Person-centered care;

96379

(iii) Principles of management within both the business and	96380
regulatory environments;	96381

(iv) An understanding of all post-acute settings, including	96382
transitions from acute settings and between post-acute settings.	96383

(b) Assist in the development of a strong, competitive market	96384
in Ohio for training, continuing education, and degree programs in	96385
long-term services and supports settings administration.	96386

(B) In the administration and enforcement of Chapter 4751. of	96387
the Revised Code, and the regulations adopted thereunder, the	96388
board is subject to Chapter 119. of the Revised Code and sections	96389
4743.01 and 4743.02 of the Revised Code except that a notice of	96390
appeal of an order of the board adopting, amending, or rescinding	96391
a rule or regulation does not operate as a stay of the effective	96392
date of such order as provided in section 119.11 of the Revised	96393
Code. The court, at its discretion, may grant a stay of any	96394
regulation in its application against the person filing the notice	96395
of appeal.	96396

Sec. 4751.041. Except when the board of ~~examiners~~executives	96397
of ~~nursing home administrators~~long-term services and supports	96398
considers it necessary, the board shall not disclose test	96399
materials, examinations, or evaluation tools used in an	96400
examination for licensure as a nursing home administrator that the	96401
board administers under section 4751.04 of the Revised Code or	96402
contracts under that section with a private or government entity	96403
to administer.	96404

Sec. 4751.042. (A) The board of executives of long-term	96405
services and supports shall enter into a written agreement with	96406
the department of health for the department to serve as the	96407
board's fiscal agent. The fiscal agent shall be responsible for	96408
all the board's fiscal matters and financial transactions, as	96409
specified in the agreement. The written agreement shall specify	96410
the fees that the board shall pay to the fiscal agent for services	96411
performed under the agreement, and such fees shall be in	96412
proportion to the services performed for the board.	96413

(1) The agreement shall require the fiscal agent to provide	96414
the following services:	96415

(a) Preparation and processing of payroll and other personnel	96416
documents that the board approves;	96417

(b) Maintenance of ledgers of accounts and reports of account	96418
balances, and monitoring of budgets and allotment plans in	96419
consultation with the board;	96420

(c) Performance of other routine support services, specified	96421
in the agreement, that the fiscal agent considers appropriate to	96422
achieve efficiency.	96423

(2) The agreement may require the fiscal agent to provide the	96424
following services:	96425

(a) Any shared services between the board and the fiscal	96426
agent;	96427

(b) Any other services agreed to by the board and the	96428
department, including administrative or technical services.	96429

(B) The board has sole authority to expend funds from the	96430
board's accounts for programs and any other necessary expenses the	96431
board may incur. The board shall inform the fiscal agent fully of	96432
any financial transactions to ensure compliance with fiscal	96433
regulations.	96434

(C) The board shall follow all state procurement, fiscal,	96435
human resources, information technology, statutory, and	96436
administrative rule requirements.	96437

(D) In its role as fiscal agent for the board, the department	96438
shall serve as a contractor of the board, and does not assume	96439
responsibility for the debts or fiscal obligations of the board.	96440

Sec. 4751.05. (A) The board of ~~examiners~~executives of	96441
~~nursing home administrators~~long-term services and supports, or a	96442
government or private entity under contract with the board to	96443
administer examinations for licensure as a nursing home	96444
administrator, shall admit to an examination any candidate who:	96445

(1) Pays the application fee of fifty dollars;

96446

(2) Submits evidence of good moral character and suitability;

96447

(3) Is at least eighteen years of age;

96448

(4) Has completed educational requirements and work	96449
experience satisfactory to the board;	96450

(5) Submits an application on forms prescribed by the board;

96451

(6) Pays the examination fee charged by the board or	96452
government or private entity.	96453

(B) Nothing in Chapter 4751. of the Revised Code or the rules	96454
adopted thereunder shall be construed to require an applicant for	96455
licensure or a temporary license, who is employed by an	96456
institution for the care and treatment of the sick to demonstrate	96457
proficiency in any medical techniques or to meet any medical	96458
educational qualifications or medical standards not in accord with	96459
the remedial care and treatment provided by the institution if the	96460
institution is all of the following:	96461

(1) Operated exclusively for patients who use spiritual means	96462
for healing and for whom the acceptance of medical care is	96463
inconsistent with their religious beliefs;	96464

(2) Accredited by a national accrediting organization;

96465

(3) Exempt from federal income taxation under section 501 of	96466
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	96467
as amended;	96468

(4) Providing twenty-four hour nursing care pursuant to the	96469
exemption in division (E) of section 4723.32 of the Revised Code	96470
from the licensing requirements of Chapter 4723. of the Revised	96471
Code.	96472

(C) If a person fails three times to attain a passing grade	96473
on the examination, said person, before the person may again be	96474
admitted to examination, shall meet such additional education or	96475
experience requirements, or both, as may be prescribed by the	96476
board.	96477

Sec. 4751.06. (A) An applicant for licensure as a nursing	96478
home administrator who has successfully completed the requirements	96479
of section 4751.05 of the Revised Code, passed the examination	96480
administered by the board of ~~examiners~~executives of ~~nursing home~~	96481
~~administrators~~long-term services and supports or a government or	96482
private entity under contract with the board, and paid to the	96483
board an original license fee of two hundred fifty dollars shall	96484
be issued a license on a form provided by the board. Such license	96485
shall certify that the applicant has met the licensure	96486
requirements of Chapter 4751. of the Revised Code and is entitled	96487
to practice as a licensed nursing home administrator.	96488

(B) A temporary license for a period not to exceed one	96489
hundred eighty days may be issued to an individual temporarily	96490
filling the position of a nursing home administrator vacated by	96491
reason of death, illness, or other unexpected cause, pursuant to	96492
regulations adopted by the board.	96493

(C) The fee for a temporary license is one hundred dollars.	96494
Said fee must accompany the application for the temporary license.	96495

(D) Any license or temporary license issued by the board	96496
pursuant to this section shall be under the hand of the	96497
chairperson and the secretary of the board.	96498

(E) A duplicate of the original certificate of registration	96499
or license may be secured to replace one that has been lost or	96500
destroyed by submitting to the board a notarized statement	96501
explaining the conditions of the loss, mutilation, or destruction	96502
of the certificate or license and by paying a fee of twenty-five	96503
dollars.	96504

(F) A duplicate certificate of registration and license may	96505
be issued in the event of a legal change of name by submitting to	96506
the board a certified copy of the court order or marriage license	96507
establishing the change of name, by returning at the same time the	96508
original license and certificate of registration, and by paying a	96509
fee of twenty-five dollars.	96510

Sec. 4751.07. (A) Every individual who holds a valid license	96511
as a nursing home administrator issued under division (A) of	96512
section 4751.06 of the Revised Code, shall immediately upon	96513
issuance thereof be registered with the board of ~~examiners~~	96514
executives of ~~nursing home administrators~~long-term services and	96515
supports and be issued a certificate of registration. Such	96516
individual shall annually apply to the board for a new certificate	96517
of registration on forms provided for such purpose prior to the	96518
expiration of the certificate of registration and shall at the	96519
same time submit satisfactory evidence to the board of having	96520
attended such continuing education programs or courses of study as	96521
may be prescribed in rules adopted by the board.	96522

(B) Upon making an application for a new certificate of	96523
registration such individual shall pay the annual registration fee	96524
of three hundred dollars.	96525

(C) Upon receipt of such application for registration and the	96526
registration fee required by divisions (A) and (B) of this	96527
section, the board shall issue a certificate of registration to	96528
such nursing home administrator.	96529

(D) The license of a nursing home administrator who fails to	96530
comply with this section shall automatically lapse.	96531

(E) A nursing home administrator who has been licensed and	96532
registered in this state who determines to temporarily abandon the	96533
practice of nursing home administration shall notify the board in	96534
writing immediately; provided, that such individual may thereafter	96535
register to resume the practice of nursing home administration	96536
within the state upon complying with the requirements of this	96537
section regarding annual registration.	96538

(F) Only an individual who has qualified as a licensed and	96539
registered nursing home administrator under Chapter 4751. of the	96540
Revised Code and the rules adopted thereunder, and who holds a	96541
valid current registration certificate pursuant to this section,	96542
may use the title "nursing home administrator," or the	96543
abbreviation "N.H.A." after the individual's name. No other person	96544
shall use such title or such abbreviation or any other words,	96545
letters, sign, card, or device tending to indicate or to imply	96546
that the person is a licensed and registered nursing home	96547
administrator.	96548

(G) Every person holding a valid license entitling the person	96549
to practice nursing home administration in this state shall	96550
display said license in the nursing home which is the person's	96551
principal place of employment, and while engaged in the practice	96552
of nursing home administration shall have at hand the current	96553
registration certificate.	96554

(H) Every person holding a valid temporary license shall have	96555
such license at hand while engaged in the practice of nursing home	96556
administration.	96557

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	96558
~~home administrators~~long-term services and supports, in its	96559
discretion, and otherwise subject to Chapter 4751. of the Revised	96560
Code and the rules adopted by the board thereunder prescribing the	96561
qualifications for a nursing home administrator license, may	96562
license a nursing home administrator without examination if hethe	96563
nursing home administrator has a valid license issued by the	96564
proper authorities of any other state, upon payment of a fee of	96565
one hundred fifty dollars, and upon submission of evidence	96566
satisfactory to the board both:	96567

(A) That such other state maintained a system and standard of	96568
qualifications and examinations for a nursing home administrator	96569
license which were substantially equivalent to those required in	96570
this state at the time such other license was issued by such other	96571
state;	96572

(B) That such other state gives similar recognition to	96573
nursing home administrators licensed in this state.	96574

Sec. 4751.10. The license or registration, or both, or the	96575
temporary license of any person practicing or offering to practice	96576
nursing home administration, shall be revoked or suspended by the	96577
board of ~~examiners~~executives of ~~nursing home administrators~~	96578
long-term services and supports if such licensee or temporary	96579
licensee:	96580

(A) Is unfit or incompetent by reason of negligence, habits,	96581
or other causes;	96582

(B) Has willfully or repeatedly violated any of the	96583
provisions of Chapter 4751. of the Revised Code or the regulations	96584
adopted thereunder; or willfully or repeatedly acted in a manner	96585
inconsistent with the health and safety of the patients of the	96586
nursing home in which hethe licensee or temporary licensee is the	96587
administrator;	96588

(C) Is guilty of fraud or deceit in the practice of nursing	96589
home administration or in ~~his~~the licensee's or temporary	96590
licensee's admission to such practice;	96591

(D) Has been convicted in a court of competent jurisdiction,	96592
either within or without this state, of a felony.	96593

Proceedings under this section shall be instituted by the	96594
board or shall be begun by filing with the board charges in	96595
writing and under oath.	96596

Sec. 4751.11. (A) The board of ~~examiners~~executives of	96597
~~nursing home administrators~~long-term services and supports may,	96598
in its discretion, reissue a license or registration, or both, to	96599
any person whose license or registration, or both, has been	96600
revoked.	96601

(B) Application for the reissuance of a license or	96602
registration, or both, shall not be made prior to one year after	96603
revocation and shall be made in such manner as the board may	96604
direct.	96605

(C) If a person convicted of a felony is subsequently	96606
pardoned by the governor of the state where such conviction was	96607
had or by the president of the United States, or receives a final	96608
release granted by the adult parole authority of this state or its	96609
equivalent agency of another state, the board may, in its	96610
discretion, on application of such person and on the submission of	96611
evidence satisfactory to the board restore to such person the	96612
nursing home administrator's license or registration, or both.	96613

Sec. 4751.12. On receipt of a notice pursuant to section	96614
3123.43 of the Revised Code, the board of ~~examiners~~executives of	96615
~~nursing home administrators~~long-term services and supports shall	96616
comply with sections 3123.41 to 3123.50 of the Revised Code and	96617
any applicable rules adopted under section 3123.63 of the Revised	96618
Code with respect to a license issued pursuant to this chapter.	96619

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	96620
~~home administrators~~long-term services and supports shall comply	96621
with section 4776.20 of the Revised Code.	96622

Sec. 4753.071. A person who is required to meet the	96623
supervised professional experience requirement of division (F) of	96624
section 4753.06 of the Revised Code shall submit to the board of	96625
speech-language pathology and audiology an application for a	96626
conditional license. The application shall include a plan for the	96627
content of the supervised professional experience on a form the	96628
board shall prescribe. The board shall issue the conditional	96629
license to the applicant if the applicant meets the requirements	96630
of section 4753.06 of the Revised Code, other than the requirement	96631
to have obtained the supervised professional experience, and pays	96632
to the board the appropriate fee for a conditional license. An	96633
applicant may not begin employment until the conditional license	96634
has been issued.	96635

A conditional license authorizes an individual to practice	96636
speech-language pathology or audiology while completing the	96637
supervised professional experience as required by division (F) of	96638
section 4753.06 of the Revised Code. A person holding a	96639
conditional license may practice speech-language pathology or	96640
audiology while working under the supervision of a person fully	96641
licensed in accordance with this chapter. A conditional license is	96642
valid for eighteen months unless suspended or revoked pursuant to	96643
section 3123.47 or 4753.10 of the Revised Code.	96644

A person holding a conditional license may perform services	96645
for which ~~reimbursement~~payment will be sought under the medicare	96646
program ~~established under Title XVIII of the "Social Security~~	96647
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	96648
medicaid program ~~established under Chapter 5111. of the Revised~~	96649
~~Code~~ but all requests for ~~reimbursement~~payment for such services	96650
shall be made by the person who supervises the person performing	96651
the services.	96652

Sec. 4755.11. (A) In accordance with Chapter 119. of the	96653
Revised Code, the occupational therapy section of the Ohio	96654
occupational therapy, physical therapy, and athletic trainers	96655
board may suspend, revoke, or refuse to issue or renew an	96656
occupational therapist license, occupational therapy assistant	96657
license, occupational therapist limited permit, occupational	96658
therapy assistant limited permit, or reprimand, fine, place a	96659
license or limited permit holder on probation, or require the	96660
license or limited permit holder to take corrective action	96661
courses, for any of the following:	96662

(1) Conviction of an offense involving moral turpitude or a	96663
felony, regardless of the state or country in which the conviction	96664
occurred;	96665

(2) Violation of any provision of sections 4755.04 to 4755.13	96666
of the Revised Code;	96667

(3) Violation of any lawful order or rule of the occupational	96668
therapy section;	96669

(4) Obtaining or attempting to obtain a license or limited	96670
permit issued by the occupational therapy section by fraud or	96671
deception, including the making of a false, fraudulent, deceptive,	96672
or misleading statements in relation to these activities;	96673

(5) Negligence, unprofessional conduct, or gross misconduct	96674
in the practice of the profession of occupational therapy;	96675

(6) Accepting commissions or rebates or other forms of	96676
remuneration for referring persons to other professionals;	96677

(7) Communicating, without authorization, information	96678
received in professional confidence;	96679

(8) Using controlled substances, habit forming drugs, or	96680
alcohol to an extent that it impairs the ability to perform the	96681
work of an occupational therapist, occupational therapy assistant,	96682
occupational therapist limited permit holder, or occupational	96683
therapy assistant limited permit holder;	96684

(9) Practicing in an area of occupational therapy for which	96685
the individual is untrained or incompetent;	96686

(10) Failing the licensing or Ohio jurisprudence examination;

96687

(11) Aiding, abetting, directing, or supervising the	96688
unlicensed practice of occupational therapy;	96689

(12) Denial, revocation, suspension, or restriction of	96690
authority to practice a health care occupation, including	96691
occupational therapy, for any reason other than a failure to	96692
renew, in Ohio or another state or jurisdiction;	96693

(13) Except as provided in division (B) of this section:

96694

(a) Waiving the payment of all or any part of a deductible or	96695
copayment that a patient, pursuant to a health insurance or health	96696
care policy, contract, or plan that covers occupational therapy,	96697
would otherwise be required to pay if the waiver is used as an	96698
enticement to a patient or group of patients to receive health	96699
care services from that provider;	96700

(b) Advertising that the individual will waive the payment of	96701
all or any part of a deductible or copayment that a patient,	96702
pursuant to a health insurance or health care policy, contract, or	96703
plan that covers occupational therapy, would otherwise be required	96704
to pay.	96705

(14) Working or representing oneself as an occupational	96706
therapist, occupational therapy assistant, occupational therapist	96707
limited permit holder, or occupational therapy assistant limited	96708
permit holder without a current and valid license or limited	96709
permit issued by the occupational therapy section;	96710

(15) Engaging in a deceptive trade practice, as defined in	96711
section 4165.02 of the Revised Code;	96712

(16) Violation of the standards of ethical conduct in the	96713
practice of occupational therapy as identified by the occupational	96714
therapy section;	96715

(17) A departure from, or the failure to conform to, minimal	96716
standards of care required of licensees or limited permit holders,	96717
whether or not actual injury to a patient is established;	96718

(18) An adjudication by a court that the applicant, licensee,	96719
or limited permit holder is incompetent for the purpose of holding	96720
a license or limited permit and has not thereafter been restored	96721
to legal capacity for that purpose;	96722

(19)(a) Except as provided in division (A)(19)(b) of this	96723
section, failure to cooperate with an investigation conducted by	96724
the occupational therapy section, including failure to comply with	96725
a subpoena or orders issued by the section or failure to answer	96726
truthfully a question presented by the section at a deposition or	96727
in written interrogatories.	96728

(b) Failure to cooperate with an investigation does not	96729
constitute grounds for discipline under this section if a court of	96730
competent jurisdiction issues an order that either quashes a	96731
subpoena or permits the individual to withhold the testimony or	96732
evidence at issue.	96733

(20) Conviction of a misdemeanor reasonably related to the	96734
practice of occupational therapy, regardless of the state or	96735
country in which the conviction occurred;	96736

(21) Inability to practice according to acceptable and	96737
prevailing standards of care because of mental or physical	96738
illness, including physical deterioration that adversely affects	96739
cognitive, motor, or perception skills;	96740

(22) Violation of conditions, limitations, or agreements	96741
placed by the occupational therapy section on a license or limited	96742
permit to practice;	96743

(23) Making a false, fraudulent, deceptive, or misleading	96744
statement in the solicitation of or advertising for patients in	96745
relation to the practice of occupational therapy;	96746

(24) Failure to complete continuing education requirements as	96747
prescribed in rules adopted by the occupational therapy section	96748
under section 4755.06 of the Revised Code.	96749

(B) Sanctions shall not be imposed under division (A)(13) of	96750
this section against any individual who waives deductibles and	96751
copayments as follows:	96752

(1) In compliance with the health benefit plan that expressly	96753
allows such a practice. Waiver of the deductibles or copayments	96754
shall be made only with the full knowledge and consent of the plan	96755
purchaser, payer, and third-party administrator. Documentation of	96756
the consent shall be made available to the section upon request.	96757

(2) For professional services rendered to any other person	96758
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	96759
Code to the extent allowed by those sections and the rules of the	96760
occupational therapy section.	96761

(C) Except as provided in division (D) of this section, the	96762
suspension or revocation of a license or limited permit under this	96763
section is not effective until either the order for suspension or	96764
revocation has been affirmed following an adjudication hearing, or	96765
the time for requesting a hearing has elapsed.	96766

When a license or limited permit is revoked under this	96767
section, application for reinstatement may not be made sooner than	96768
one year after the date of revocation. The occupational therapy	96769
section may accept or refuse an application for reinstatement and	96770
may require that the applicant pass an examination as a condition	96771
of reinstatement.	96772

When a license or limited permit holder is placed on	96773
probation under this section, the occupational therapy section's	96774
probation order shall be accompanied by a statement of the	96775
conditions under which the individual may be removed from	96776
probation and restored to unrestricted practice.	96777

(D) On receipt of a complaint that a person who holds a	96778
license or limited permit issued by the occupational therapy	96779
section has committed any of the prohibited actions listed in	96780
division (A) of this section, the section may immediately suspend	96781
the license or limited permit prior to holding a hearing in	96782
accordance with Chapter 119. of the Revised Code if it determines,	96783
based on the complaint, that the licensee or limited permit holder	96784
poses an immediate threat to the public. The section may review	96785
the allegations and vote on the suspension by telephone conference	96786
call. If the section votes to suspend a license or limited permit	96787
under this division, the section shall ~~notify~~issue a written	96788
order of summary suspension to the licensee or limited permit	96789
holder ~~of the suspension~~ in accordance with section 119.07 of the	96790
Revised Code. If the individual whose license or limited permit is	96791
suspended fails to make a timely request for an adjudication under	96792
Chapter 119. of the Revised Code, the section shall enter a final	96793
order permanently revoking the individual's license or limited	96794
permit. Notwithstanding section 119.12 of the Revised Code, a	96795
court of common pleas shall not grant a suspension of the	96796
section's order of summary suspension pending the determination of	96797
an appeal filed under that section. Any order of summary	96798
suspension issued under this division shall remain in effect,	96799
unless reversed on appeal, until a final adjudication order issued	96800
by the section pursuant to division (A) of this section becomes	96801
effective. The section shall issue its final adjudication order	96802
regarding an order of summary suspension issued under this	96803
division not later than ninety days after completion of its	96804
hearing. Failure to issue the order within ninety days shall	96805
result in immediate dissolution of the suspension order, but shall	96806
not invalidate any subsequent, final adjudication order.	96807

(E) If any person other than a person who holds a license or	96808
limited permit issued under section 4755.08 of the Revised Code	96809
has engaged in any practice that is prohibited under sections	96810
4755.04 to 4755.13 of the Revised Code or the rules of the	96811
occupational therapy section, the section may apply to the court	96812
of common pleas of the county in which the violation occurred, for	96813
an injunction or other appropriate order restraining this conduct,	96814
and the court shall issue this order.	96815

Sec. 4755.47. (A) In accordance with Chapter 119. of the	96816
Revised Code, the physical therapy section of the Ohio	96817
occupational therapy, physical therapy, and athletic trainers	96818
board may refuse to grant a license to an applicant for an initial	96819
or renewed license as a physical therapist or physical therapist	96820
assistant or, by an affirmative vote of not less than five	96821
members, may limit, suspend, or revoke the license of a physical	96822
therapist or physical therapist assistant or reprimand, fine,	96823
place a license holder on probation, or require the license holder	96824
to take corrective action courses, on any of the following	96825
grounds:	96826

(1) Habitual indulgence in the use of controlled substances,	96827
other habit-forming drugs, or alcohol to an extent that affects	96828
the individual's professional competency;	96829

(2) Conviction of a felony or a crime involving moral	96830
turpitude, regardless of the state or country in which the	96831
conviction occurred;	96832

(3) Obtaining or attempting to obtain a license issued by the	96833
physical therapy section by fraud or deception, including the	96834
making of a false, fraudulent, deceptive, or misleading statement;	96835

(4) An adjudication by a court, as provided in section	96836
5122.301 of the Revised Code, that the applicant or licensee is	96837
incompetent for the purpose of holding the license and has not	96838
thereafter been restored to legal capacity for that purpose;	96839

(5) Subject to section 4755.471 of the Revised Code,	96840
violation of the code of ethics adopted by the physical therapy	96841
section;	96842

(6) Violating or attempting to violate, directly or	96843
indirectly, or assisting in or abetting the violation of or	96844
conspiring to violate sections 4755.40 to 4755.56 of the Revised	96845
Code or any order issued or rule adopted under those sections;	96846

(7) Failure of one or both of the examinations required under	96847
section 4755.43 or 4755.431 of the Revised Code;	96848

(8) Permitting the use of one's name or license by a person,	96849
group, or corporation when the one permitting the use is not	96850
directing the treatment given;	96851

(9) Denial, revocation, suspension, or restriction of	96852
authority to practice a health care occupation, including physical	96853
therapy, for any reason other than a failure to renew, in Ohio or	96854
another state or jurisdiction;	96855

(10) Failure to maintain minimal standards of practice in the	96856
administration or handling of drugs, as defined in section 4729.01	96857
of the Revised Code, or failure to employ acceptable scientific	96858
methods in the selection of drugs, as defined in section 4729.01	96859
of the Revised Code, or other modalities for treatment;	96860

(11) Willful betrayal of a professional confidence;

96861

(12) Making a false, fraudulent, deceptive, or misleading	96862
statement in the solicitation of or advertising for patients in	96863
relation to the practice of physical therapy;	96864

(13) A departure from, or the failure to conform to, minimal	96865
standards of care required of licensees when under the same or	96866
similar circumstances, whether or not actual injury to a patient	96867
is established;	96868

(14) Obtaining, or attempting to obtain, money or anything of	96869
value by fraudulent misrepresentations in the course of practice;	96870

(15) Violation of the conditions of limitation or agreements	96871
placed by the physical therapy section on a license to practice;	96872

(16) Failure to renew a license in accordance with section	96873
4755.46 of the Revised Code;	96874

(17) Except as provided in section 4755.471 of the Revised	96875
Code, engaging in the division of fees for referral of patients or	96876
receiving anything of value in return for a specific referral of a	96877
patient to utilize a particular service or business;	96878

(18) Inability to practice according to acceptable and	96879
prevailing standards of care because of mental illness or physical	96880
illness, including physical deterioration that adversely affects	96881
cognitive, motor, or perception skills;	96882

(19) The revocation, suspension, restriction, or termination	96883
of clinical privileges by the United States department of defense	96884
or department of veterans affairs;	96885

(20) Termination or suspension from participation in the	96886
medicare or medicaid program established under Title XVIII and	96887
Title XIX, respectively, of the "Social Security Act," 49 Stat.	96888
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	96889
constitute a violation of sections 4755.40 to 4755.56 of the	96890
Revised Code;	96891

(21) Failure of a physical therapist to maintain supervision	96892
of a student, physical therapist assistant, unlicensed support	96893
personnel, other assistant personnel, or a license applicant in	96894
accordance with the requirements of sections 4755.40 to 4755.56 of	96895
the Revised Code and rules adopted under those sections;	96896

(22) Failure to complete continuing education requirements as	96897
prescribed in section 4755.51 or 4755.511 of the Revised Code or	96898
to satisfy any rules applicable to continuing education	96899
requirements that are adopted by the physical therapy section;	96900

(23) Conviction of a misdemeanor when the act that	96901
constitutes the misdemeanor occurs during the practice of physical	96902
therapy;	96903

(24)(a) Except as provided in division (A)(24)(b) of this	96904
section, failure to cooperate with an investigation conducted by	96905
the physical therapy section, including failure to comply with a	96906
subpoena or orders issued by the section or failure to answer	96907
truthfully a question presented by the section at a deposition or	96908
in written interrogatories.	96909

(b) Failure to cooperate with an investigation does not	96910
constitute grounds for discipline under this section if a court of	96911
competent jurisdiction issues an order that either quashes a	96912
subpoena or permits the individual to withhold the testimony or	96913
evidence at issue.	96914

(25) Regardless of whether the contact or verbal behavior is	96915
consensual, engaging with a patient other than the spouse of the	96916
physical therapist or physical therapist assistant, in any of the	96917
following:	96918

(a) Sexual contact, as defined in section 2907.01 of the	96919
Revised Code;	96920

(b) Verbal behavior that is sexually demeaning to the patient	96921
or may be reasonably interpreted by the patient as sexually	96922
demeaning.	96923

(26) Failure to notify the physical therapy section of a	96924
change in name, business address, or home address within thirty	96925
days after the date of change;	96926

(27) Except as provided in division (B) of this section:

96927

(a) Waiving the payment of all or any part of a deductible or	96928
copayment that a patient, pursuant to a health insurance or health	96929
care policy, contract, or plan that covers physical therapy, would	96930
otherwise be required to pay if the waiver is used as an	96931
enticement to a patient or group of patients to receive health	96932
care services from that provider;	96933

(b) Advertising that the individual will waive the payment of	96934
all or any part of a deductible or copayment that a patient,	96935
pursuant to a health insurance or health care policy, contract, or	96936
plan that covers physical therapy, would otherwise be required to	96937
pay;	96938

(28) Violation of any section of this chapter or rule adopted	96939
under it.	96940

(B) Sanctions shall not be imposed under division (A)(27) of	96941
this section against any individual who waives deductibles and	96942
copayments as follows:	96943

(1) In compliance with the health benefit plan that expressly	96944
allows such a practice. Waiver of the deductibles or copayments	96945
shall be made only with the full knowledge and consent of the plan	96946
purchaser, payer, and third-party administrator. Documentation of	96947
the consent shall be made available to the physical therapy	96948
section upon request.	96949

(2) For professional services rendered to any other person	96950
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	96951
Code to the extent allowed by those sections and the rules of the	96952
physical therapy section.	96953

(C) When a license is revoked under this section, application	96954
for reinstatement may not be made sooner than one year after the	96955
date of revocation. The physical therapy section may accept or	96956
refuse an application for reinstatement and may require that the	96957
applicant pass an examination as a condition for reinstatement.	96958

When a license holder is placed on probation under this	96959
section, the physical therapy section's order for placement on	96960
probation shall be accompanied by a statement of the conditions	96961
under which the individual may be removed from probation and	96962
restored to unrestricted practice.	96963

(D) When an application for an initial or renewed license is	96964
refused under this section, the physical therapy section shall	96965
notify the applicant in writing of the section's decision to	96966
refuse issuance of a license and the reason for its decision.	96967

(E) On receipt of a complaint that a person licensed by the	96968
physical therapy section has committed any of the actions listed	96969
in division (A) of this section, the physical therapy section may	96970
immediately suspend the license of the physical therapist or	96971
physical therapist assistant prior to holding a hearing in	96972
accordance with Chapter 119. of the Revised Code if it determines,	96973
based on the complaint, that the person poses an immediate threat	96974
to the public. The physical therapy section may review the	96975
allegations and vote on the suspension by telephone conference	96976
call. If the physical therapy section votes to suspend a license	96977
under this division, the physical therapy section shall ~~notify~~	96978
issue a written order of summary suspension to the person ~~of the~~	96979
~~suspension~~ in accordance with section 119.07 of the Revised Code.	96980
If the person fails to make a timely request for an adjudication	96981
under Chapter 119. of the Revised Code, the physical therapy	96982
section shall enter a final order permanently revoking the	96983
person's license. Notwithstanding section 119.12 of the Revised	96984
Code, a court of common pleas shall not grant a suspension of the	96985
physical therapy section's order of summary suspension pending the	96986
determination of an appeal filed under that section. Any order of	96987
summary suspension issued under this division shall remain in	96988
effect, unless reversed on appeal, until a final adjudication	96989
order issued by the physical therapy section pursuant to division	96990
(A) of this section becomes effective. The physical therapy	96991
section shall issue its final adjudication order regarding an	96992
order of summary suspension issued under this division not later	96993
than ninety days after completion of its hearing. Failure to issue	96994
the order within ninety days shall result in immediate dissolution	96995
of the suspension order, but shall not invalidate any subsequent,	96996
final adjudication order.	96997

Sec. 4755.481. (A) If a physical therapist evaluates and	96998
treats a patient without the prescription of, or the referral of	96999
the patient by, a person described in division (G)(1) of section	97000
4755.48 of the Revised Code, all of the following apply:	97001

(1) The physical therapist shall, upon consent of the	97002
patient, inform the relevant person described in division (G)(1)	97003
of section 4755.48 of the Revised Code of the evaluation not later	97004
than five business days after the evaluation is made.	97005

(2) If the physical therapist determines, based on reasonable	97006
evidence, that no substantial progress has been made with respect	97007
to that patient during the thirty-day period immediately following	97008
the date of the patient's initial visit with the physical	97009
therapist, the physical therapist shall consult with or refer the	97010
patient to a person described in division (G)(1) of section	97011
4755.48 of the Revised Code, unless either of the following	97012
applies:	97013

(a) The evaluation, treatment, or services are being provided	97014
for fitness, wellness, or prevention purposes.	97015

(b) The patient previously was diagnosed with chronic,	97016
neuromuscular, or developmental conditions and the evaluation,	97017
treatment, or services are being provided for problems or symptoms	97018
associated with one or more of those previously diagnosed	97019
conditions.	97020

(3) If the physical therapist determines that orthotic	97021
devices are necessary to treat the patient, the physical therapist	97022
shall be limited to the application of the following orthotic	97023
devices:	97024

(a) Upper extremity adaptive equipment used to facilitate the	97025
activities of daily living;	97026

(b) Finger splints;

97027

97028

(d) Prefabricated elastic or fabric abdominal supports with	97029
or without metal or plastic reinforcing stays and other	97030
prefabricated soft goods requiring minimal fitting;	97031

(e) Nontherapeutic accommodative inlays;

97032

(f) Shoes that are not manufactured or modified for a	97033
particular individual;	97034

(g) Prefabricated foot care products;

97035

(h) Custom foot orthotics;

97036

(i) Durable medical equipment.

97037

(4) If, at any time, the physical therapist has reason to	97038
believe that the patient has symptoms or conditions that require	97039
treatment or services beyond the scope of practice of a physical	97040
therapist, the physical therapist shall refer the patient to a	97041
licensed health care practitioner acting within the practitioner's	97042
scope of practice.	97043

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	97044
Code shall be construed to require reimbursement under any health	97045
insuring corporation policy, contract, or agreement, any sickness	97046
and accident insurance policy, the ~~medical assistance~~medicaid	97047
program ~~as defined in section 5111.01 of the Revised Code~~, or the	97048
health partnership program or qualified health plans established	97049
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	97050
any physical therapy service rendered without the prescription of,	97051
or the referral of the patient by, a person described in division	97052
(G)(1) of section 4755.48 of the Revised Code.	97053

(C) For purposes of this section, "business day" means any	97054
calendar day that is not a Saturday, Sunday, or legal holiday.	97055
"Legal holiday" has the same meaning as in section 1.14 of the	97056
Revised Code.	97057

Sec. 4755.64. (A) In accordance with Chapter 119. of the	97058
Revised Code, the athletic trainers section of the Ohio	97059
occupational therapy, physical therapy, and athletic trainers	97060
board may suspend, revoke, or refuse to issue or renew an athletic	97061
trainers license, or reprimand, fine, or place a licensee on	97062
probation, for any of the following:	97063

(1) Conviction of a felony or offense involving moral	97064
turpitude, regardless of the state or country in which the	97065
conviction occurred;	97066

(2) Violation of sections 4755.61 to 4755.65 of the Revised	97067
Code or any order issued or rule adopted thereunder;	97068

(3) Obtaining a license through fraud, false or misleading	97069
representation, or concealment of material facts;	97070

(4) Negligence or gross misconduct in the practice of	97071
athletic training;	97072

(5) Violating the standards of ethical conduct in the	97073
practice of athletic training as adopted by the athletic trainers	97074
section under section 4755.61 of the Revised Code;	97075

(6) Using any controlled substance or alcohol to the extent	97076
that the ability to practice athletic training at a level of	97077
competency is impaired;	97078

(7) Practicing in an area of athletic training for which the	97079
individual is untrained, incompetent, or practicing without the	97080
referral of a practitioner licensed under Chapter 4731. of the	97081
Revised Code, a dentist licensed under Chapter 4715. of the	97082
Revised Code, a chiropractor licensed under Chapter 4734. of the	97083
Revised Code, or a physical therapist licensed under this chapter;	97084

(8) Employing, directing, or supervising a person in the	97085
performance of athletic training procedures who is not authorized	97086
to practice as a licensed athletic trainer under this chapter;	97087

(9) Misrepresenting educational attainments or the functions	97088
the individual is authorized to perform for the purpose of	97089
obtaining some benefit related to the individual's athletic	97090
training practice;	97091

(10) Failing the licensing examination;

97092

(11) Aiding or abetting the unlicensed practice of athletic	97093
training;	97094

(12) Denial, revocation, suspension, or restriction of	97095
authority to practice a health care occupation, including athletic	97096
training, for any reason other than a failure to renew, in Ohio or	97097
another state or jurisdiction.	97098

(B) If the athletic trainers section places a licensee on	97099
probation under division (A) of this section, the section's order	97100
for placement on probation shall be accompanied by a written	97101
statement of the conditions under which the person may be removed	97102
from probation and restored to unrestricted practice.	97103

(C) A licensee whose license has been revoked under division	97104
(A) of this section may apply to the athletic trainers section for	97105
reinstatement of the license one year following the date of	97106
revocation. The athletic trainers section may accept or deny the	97107
application for reinstatement and may require that the applicant	97108
pass an examination as a condition for reinstatement.	97109

(D) On receipt of a complaint that a person licensed by the	97110
athletic trainers section has committed any of the prohibited	97111
actions listed in division (A) of this section, the section may	97112
immediately suspend the license of a licensed athletic trainer	97113
prior to holding a hearing in accordance with Chapter 119. of the	97114
Revised Code if it determines, based on the complaint, that the	97115
licensee poses an immediate threat to the public. The section may	97116
review the allegations and vote on the suspension by telephone	97117
conference call. If the section votes to suspend a license under	97118
this division, the section shall ~~notify~~issue a written order of	97119
summary suspension to the licensed athletic trainer ~~of the~~	97120
~~suspension~~ in accordance with section 119.07 of the Revised Code.	97121
If the individual whose license is suspended fails to make a	97122
timely request for an adjudication under Chapter 119. of the	97123
Revised Code, the section shall enter a final order permanently	97124
revoking the individual's license. Notwithstanding section 119.12	97125
of the Revised Code, a court of common pleas shall not grant a	97126
suspension of the section's order of summary suspension pending	97127
the determination of an appeal filed under that section. Any order	97128
of summary suspension issued under this division shall remain in	97129
effect, unless reversed on appeal, until a final adjudication	97130
order issued by the section pursuant to division (A) of this	97131
section becomes effective. The section shall issue its final	97132
adjudication order regarding an order of summary suspension issued	97133
under this division not later than ninety days after completion of	97134
its hearing. Failure to issue the order within ninety days shall	97135
result in immediate dissolution of the suspension order, but shall	97136
not invalidate any subsequent, final adjudication order.	97137

Sec. 4758.10. (A) There is hereby created the chemical	97138
dependency professionals board.	97139

(B) The governor shall appoint all of the following voting	97140
members of the board with the advice and consent of the senate:	97141

(1) Four individuals who hold a valid independent chemical	97142
dependency counselor-clinical supervisor license or independent	97143
chemical dependency counselor license issued under this chapter,	97144
including at least two of whom have received at least a master's	97145
degree in a field related to chemical dependency counseling from	97146
an accredited educational institution;	97147

(2) Two individuals who hold a valid chemical dependency	97148
counselor III license issued under this chapter;	97149

(3) One individual who holds a valid chemical dependency	97150
counselor II license issued under this chapter;	97151

(4) Two individuals who hold a valid prevention specialist II	97152
certificate or prevention specialist I certificate issued under	97153
this chapter;	97154

(5) One individual who is authorized under Chapter 4731. of	97155
the Revised Code to practice medicine and surgery or osteopathic	97156
medicine and surgery and has experience practicing in a field	97157
related to chemical dependency counseling;	97158

(6) Two individuals who represent the public and have not	97159
practiced chemical dependency counseling or alcohol and other drug	97160
prevention services and have not been involved in the delivery of	97161
chemical dependency counseling services or alcohol and other drug	97162
prevention services. At least one of these individuals shall be at	97163
least ~~sixty~~fifty years of age. During their terms, the public	97164
members shall not practice chemical dependency counseling or	97165
alcohol and other drug prevention services or be involved in the	97166
delivery of chemical dependency counseling services or alcohol and	97167
other drug prevention services.	97168

(C) Not later than ninety days after December 23, 2002, the	97169
director of ~~alcohol and drug addiction services~~mental health and	97170
addiction services shall appoint an individual who represents the	97171
department of ~~alcohol and drug addiction services~~mental health	97172
and addiction services to serve as an ex officio member of the	97173
chemical dependency professionals board.	97174

(D) Not more than one-half of the voting members of the board	97175
may be of the same gender or members of the same political party.	97176
At least two voting members of the board shall be of African,	97177
Native American, Hispanic, or Asian descent.	97178

Sec. 4758.11. Of the initial appointees to the chemical	97179
dependency professionals board appointed by the governor under	97180
division (B) of section 4758.10 of the Revised Code, four shall be	97181
appointed for terms ending one year after ~~the effective date of~~	97182
~~this section~~December 23, 2002, four shall be appointed for terms	97183
ending two years after ~~the effective date of this section~~December	97184
23, 2002, and four shall be appointed for terms ending three years	97185
after ~~the effective date of this section~~December 23, 2002. After	97186
the initial appointments, terms of office shall be three years,	97187
each term ending on the same day of the same month of the year as	97188
the term it succeeds.	97189

A voting member of the board shall hold office from the date	97190
of appointment until the end of the term for which the member was	97191
appointed. A voting member appointed to fill a vacancy occurring	97192
prior to the expiration of the term for which the member's	97193
predecessor was appointed shall hold office for the remainder of	97194
that term. A voting member shall continue in office after the	97195
expiration date of the member's term until the member's successor	97196
takes office or until a period of sixty days has elapsed,	97197
whichever occurs first. Voting members may be reappointed, except	97198
that an individual who has held office for two consecutive full	97199
terms shall not be reappointed sooner than one year after the	97200
expiration of the second full term.	97201

The ex officio member of the board appointed by the director	97202
of ~~alcohol and drug addiction services~~mental health and addiction	97203
services under division (C) of section 4758.10 of the Revised Code	97204
shall serve at the pleasure of the director.	97205

Sec. 4761.01. As used in this chapter:

97206

(A) "Respiratory care" means rendering or offering to render	97207
to individuals, groups, organizations, or the public any service	97208
involving the evaluation of cardiopulmonary function, the	97209
treatment of cardiopulmonary impairment, the assessment of	97210
treatment effectiveness, and the care of patients with	97211
deficiencies and abnormalities associated with the cardiopulmonary	97212
system. The practice of respiratory care includes:	97213

(1) Obtaining, analyzing, testing, measuring, and monitoring	97214
blood and gas samples in the determination of cardiopulmonary	97215
parameters and related physiologic data, including flows,	97216
pressures, and volumes, and the use of equipment employed for this	97217
purpose;	97218

(2) Administering, monitoring, recording the results of, and	97219
instructing in the use of medical gases, aerosols, and	97220
bronchopulmonary hygiene techniques, including drainage,	97221
aspiration, and sampling, and applying, maintaining, and	97222
instructing in the use of artificial airways, ventilators, and	97223
other life support equipment employed in the treatment of	97224
cardiopulmonary impairment and provided in collaboration with	97225
other licensed health care professionals responsible for providing	97226
care;	97227

(3) Performing cardiopulmonary resuscitation and respiratory	97228
rehabilitation techniques;	97229

(4) Administering medications for the testing or treatment of	97230
cardiopulmonary impairment.	97231

(B) "Respiratory care professional" means a person who is	97232
licensed under this chapter to practice the full range of	97233
respiratory care services as defined in division (A) of this	97234
section.	97235

(C) "Physician" means an individual authorized under Chapter	97236
4731. of the Revised Code to practice medicine and surgery or	97237
osteopathic medicine and surgery.	97238

(D) "Registered nurse" means an individual licensed under	97239
Chapter 4723. of the Revised Code to engage in the practice of	97240
nursing as a registered nurse.	97241

(E) "Hospital" means a facility that meets the operating	97242
standards of section 3727.02 of the Revised Code.	97243

(F) "Nursing facility" has the same meaning as in section	97244
~~5111.20~~5165.01 of the Revised Code.	97245

Sec. 4776.01. As used in this chapter:

97246

(A) "License" means an authorization evidenced by a license,	97247
certificate, registration, permit, card, or other authority that	97248
is issued or conferred by a licensing agency to a licensee or to	97249
an applicant for an initial license by which the licensee or	97250
initial license applicant has or claims the privilege to engage in	97251
a profession, occupation, or occupational activity, or, except in	97252
the case of the state dental board, to have control of and operate	97253
certain specific equipment, machinery, or premises, over which the	97254
licensing agency has jurisdiction.	97255

(B) Except as provided in section 4776.20 of the Revised	97256
Code, "licensee" means the person to whom the license is issued by	97257
a licensing agency.	97258

(C) Except as provided in section 4776.20 of the Revised	97259
Code, "licensing agency" means any of the following:	97260

(1) The board authorized by Chapters 4701., 4717., 4725.,	97261
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	97262
4759., 4760., 4761., 4762., ~~and~~ 4779., and 4783. of the Revised	97263
Code to issue a license to engage in a specific profession,	97264
occupation, or occupational activity, or to have charge of and	97265
operate certain specified equipment, machinery, or premises.	97266

(2) The state dental board, relative to its authority to	97267
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	97268
4715.27 of the Revised Code.	97269

(D) "Applicant for an initial license" includes persons	97270
seeking a license for the first time and persons seeking a license	97271
by reciprocity, endorsement, or similar manner of a license issued	97272
in another state.	97273

(E) "Applicant for a restored license" includes persons	97274
seeking restoration of a certificate under section 4730.14,	97275
4731.281, 4760.06, or 4762.06 of the Revised Code.	97276

(F) "Criminal records check" has the same meaning as in	97277
section 109.572 of the Revised Code.	97278

Sec. 4778.02. (A)(1) Except as provided in division (B) of	97279
this section, no person shall practice as a genetic counselor	97280
unless the person holds a current, valid license to practice as a	97281
genetic counselor issued under this chapter.	97282

(2) No person shall use the title "genetic counselor," or	97283
otherwise hold the person out as a genetic counselor, unless the	97284
person holds a current, valid license to practice as a genetic	97285
counselor issued under this chapter.	97286

(B) Division (A)(1) of this section does not apply to either	97287
of the following:	97288

(1) A student performing an activity as part of a genetic	97289
counseling graduate program described in division (B)~~(2)~~(1)(b) of	97290
section 4778.03 of the Revised Code;	97291

(2) A person who is authorized pursuant to another provision	97292
of the Revised Code to perform any of the activities that a	97293
genetic counselor is authorized to perform.	97294

Sec. 4778.03. (A) An individual seeking a license to	97295
practice as a genetic counselor shall file with the state medical	97296
board an application in a manner prescribed by the board. The	97297
application shall include all the information the board considers	97298
necessary to process the application, including evidence	97299
satisfactory to the board that the applicant meets the	97300
requirements specified in division (B) of this section.	97301

At the time an application is submitted, the applicant shall	97302
pay the board an application fee of two hundred dollars. No part	97303
of the fee shall be returned to the applicant or transferred for	97304
purposes of another application.	97305

(B)(1) To be eligible to receive a license to practice as a	97306
genetic counselor, an applicant shall demonstrate to the board	97307
that the applicant meets all of the following requirements:	97308

~~(1)~~(a) Is at least eighteen years of age and of good moral	97309
character;	97310

~~(2) Has~~(b) Except as provided in division (B)(2) of this	97311
section, has attained a master's degree or higher degree from a	97312
genetic counseling graduate program accredited by the American	97313
board of genetic counseling, inc.;	97314

~~(3)~~(c) Is a certified genetic counselor;

97315

~~(4)~~(d) Has satisfied any other requirements established by	97316
the board in rules adopted under section 4778.12 of the Revised	97317
Code.	97318

(2) In the case of an applicant who files an application not	97319
later than December 31, 2013, and meets all eligibility	97320
requirements other than the requirement specified in division	97321
(B)(1)(b) of this section, the applicant is eligible for a license	97322
to practice as a genetic counselor if the applicant has attained a	97323
master's or higher degree in education or in a field that the	97324
state medical board considers to be closely related to genetic	97325
counseling.	97326

(C) The board shall review all applications received under	97327
this section. Not later than sixty days after receiving an	97328
application it considers complete, the board shall determine	97329
whether the applicant meets the requirements for a license to	97330
practice as a genetic counselor. The affirmative vote of not fewer	97331
than six members of the board is required to determine that the	97332
applicant meets the requirements for the license.	97333

Sec. 4781.121. (A) The manufactured homes commission,	97334
pursuant to section 4781.04 of the Revised Code, may investigate	97335
any person who allegedly has committed a violation. If, after an	97336
investigation the commission determines that reasonable evidence	97337
exists that a person has committed a violation, within seven days	97338
after that determination, the commission shall send a written	97339
notice to that person in the same manner as prescribed in section	97340
119.07 of the Revised Code for licensees, except that the notice	97341
shall specify that a hearing will be held and specify the date,	97342
time, and place of the hearing.	97343

(B) The commission shall hold a hearing regarding the alleged	97344
violation in the same manner prescribed for an adjudication	97345
hearing under section 119.09 of the Revised Code. If the	97346
commission, after the hearing, determines that a violation has	97347
occurred, the commission, upon an affirmative vote of five of its	97348
members, may impose a fine not exceeding one thousand dollars per	97349
violation per day. The commission's determination is an order that	97350
the person may appeal in accordance with section 119.12 of the	97351
Revised Code.	97352

(C) If the person who allegedly committed a violation fails	97353
to appear for a hearing, the commission may request the court of	97354
common pleas of the county where the alleged violation occurred to	97355
compel the person to appear before the commission for a hearing.	97356

(D) If the commission assesses a person a civil penalty for a	97357
violation and the person fails to pay that civil penalty within	97358
the time period prescribed by the commission pursuant to section	97359
131.02 of the Revised Code, the commission shall forward to the	97360
attorney general the name of the person and the amount of the	97361
civil penalty for the purpose of collecting that civil penalty. In	97362
addition to the civil penalty assessed pursuant to this section,	97363
the person also shall pay any fee assessed by the attorney general	97364
for collection of the civil penalty.	97365

(E) The authority provided to the commission pursuant to this	97366
section, and any fine imposed under this section, shall be in	97367
addition to, and not in lieu of, all penalties and other remedies	97368
provided in this chapter. Any fines collected pursuant to this	97369
section shall be used solely to administer and enforce this	97370
chapter and rules adopted under it. Any fees collected pursuant to	97371
this section shall be transmitted to the treasurer of state and	97372
shall be credited to the manufactured homes commission regulatory	97373
fund created in section 4781.54 of the Revised Code and the rules	97374
adopted thereunder. The fees shall be used only for the purpose of	97375
administering and enforcing sections 4781.26 to 4781.35 of the	97376
Revised Code and the rules adopted thereunder.	97377

(F) As used in this section, "violation" means a violation of	97378
section 4781.11, 4781.16, or 4781.27 of the Revised Code, or any	97379
rule adopted pursuant to ~~section 4781.04, of the Revised Code~~this	97380
chapter.	97381

Sec. 4781.28. The manufactured homes commission may charge a	97382
fee for an annual license to operate a manufactured home park. The	97383
fee for a license shall be determined in accordance with section	97384
~~4781.26~~4781.27 of the Revised Code and shall include the cost of	97385
licensing and all inspections.	97386

Any fees collected shall be transmitted to the treasurer of	97387
state and shall be credited to the manufactured homes commission	97388
regulatory fund created in section 4781.54 of the Revised Code and	97389
used only for the purpose of administering and enforcing sections	97390
4781.26 to 4781.35 of the Revised Code and the rules adopted	97391
thereunder.	97392

Sec. 4781.29. The manufactured homes commission may refuse	97393
to grant, may suspend, or may revoke any license granted to any	97394
person for failure to comply with ~~sections 4781.26 to 4781.35 of~~	97395
~~the Revised Code~~this chapter or with any rule adopted under	97396
~~section 4781.26 of the Revised Code~~this chapter.	97397

Sec. 4783.01. As used in this chapter:

97398

(A) "Certified Ohio behavior analyst" means an individual	97399
holding a current, valid certificate issued under section 4783.04	97400
of the Revised Code.	97401

(B)(1) "Practice of applied behavior analysis" means the	97402
design, implementation, and evaluation of instructional and	97403
environmental modifications to produce socially significant	97404
improvements in human behavior and includes the following:	97405

(a) The empirical identification of functional relations	97406
between behavior and environmental factors, known as functional	97407
assessment and analysis;	97408

(b) Interventions based on scientific research and the direct	97409
observation and measurement of behavior and the environment;	97410

(c) Utilization of contextual factors, motivating operations,	97411
antecedent stimuli, positive reinforcement, and other consequences	97412
to help people develop new behaviors, increase or decrease	97413
existing behaviors, and emit behaviors under specific	97414
environmental conditions.	97415

(2) "Practice of applied behavior analysis" does not include	97416
psychological testing, diagnosis of a mental or physical disorder,	97417
neuropsychology, psychotherapy, cognitive therapy, sex therapy,	97418
psychoanalysis, hypnotherapy, and long-term counseling as	97419
treatment modalities.	97420

Sec. 4783.02. (A) Except as otherwise provided in division	97421
(B) of this section, no person shall do either of the following:	97422

(1) Engage in the practice of applied behavior analysis in	97423
this state without holding a certificate issued under section	97424
4783.04 of the Revised Code;	97425

(2) Hold the person's self out to be a certified Ohio	97426
behavior analyst unless the person holds a certificate issued	97427
under section 4783.04 of the Revised Code.	97428

(B) This chapter does not apply to any of the following:

97429

(1) An individual licensed under Chapter 4732. of the Revised	97430
Code to practice psychology, if the practice of applied behavior	97431
analysis engaged in by the licensed psychologist is within the	97432
licensed psychologist's education, training, and experience;	97433

(2) An individual acting under the authority and direction of	97434
an individual described in division (B)(1) of this section;	97435

(3) An individual practicing applied behavior analysis who is	97436
supervised by a certified Ohio behavior analyst and acting under	97437
the authority and direction of that certified Ohio behavior	97438
analyst;	97439

(4) The delivery of interventions by a direct care provider	97440
or family member to implement components of an applied behavior	97441
analysis treatment plan.	97442

(5) A behavior analyst who practices with nonhuman or	97443
nonpatient clients or consumers, including applied animal	97444
behaviorists and practitioners of organizational behavior	97445
management;	97446

(6) A licensed professional authorized to practice in this	97447
state who, in the offering or rendering of services, does not	97448
represent oneself in any printed materials or verbally by	97449
incorporating the term "applied behavior analyst," if the services	97450
of the licensed professional are within the scope of practice of	97451
the licensing law governing the licensed professional and the	97452
services performed are commensurate with the licensed	97453
professional's education, training, and experience;	97454

(7) A matriculated graduate student or postdoctoral trainee	97455
whose activities are part of a defined program of study or	97456
professional training;	97457

(8) An individual employed by an agency that falls under the	97458
jurisdiction of the department of developmental disabilities when	97459
the individual is acting in the scope of that employment;	97460

(9) A professional employed in a school or other setting that	97461
falls under the regulation of the state board of education when	97462
the professional is acting within the scope of that employment.	97463

(C) For purposes of division (B)(2) or (3) of this section,	97464
an individual is not subject to this chapter only if the licensed	97465
psychologist or the certified Ohio behavior analyst under whose	97466
authority and direction the individual is acting pursuant to	97467
division (B)(2) or (3) of this section signs an attestation	97468
stating that the licensed psychologist or certified Ohio behavior	97469
analyst is responsible for the care provided by the individual.	97470

Sec. 4783.03. (A) The state board of psychology shall	97471
administer and enforce this chapter. The board shall adopt rules	97472
under Chapter 119. of the Revised Code establishing all of the	97473
following:	97474

(1) Procedures and requirements for applying for a	97475
certificate issued under section 4783.04 of the Revised Code;	97476

(2) Fees for issuance of a certificate;

97477

(3) Reductions of the hours of continuing education required	97478
by section 4783.05 of the Revised Code for persons in their first	97479
certificate period.	97480

(B) The board may adopt additional rules in accordance with	97481
Chapter 119. of the Revised Code as the board determines are	97482
necessary to implement and enforce this chapter.	97483

Sec. 4783.04. (A) An individual seeking a certificate to	97484
practice as a certified Ohio behavior analyst shall file with the	97485
state board of psychology a written application on a form	97486
prescribed and supplied by the board. To be eligible for a	97487
certificate, the individual shall do all of the following:	97488

(1) Demonstrate that the applicant is of good moral character	97489
and conducts the applicant's professional activities in accordance	97490
with accepted professional and ethical standards;	97491

(2) Comply with sections 4776.01 to 4776.04 of the Revised	97492
Code;	97493

(3) Demonstrate an understanding of the law regarding	97494
behavioral health practice;	97495

(4) Demonstrate current certification as a board certified	97496
behavior analyst by the behavior analyst certification board or	97497
its successor organization or demonstrate completion of equivalent	97498
requirements and passage of a psychometrically valid examination	97499
administered by a nationally accredited credentialing	97500
organization;	97501

(5) Pay the fee established by the state board of psychology.

97502

(B) The state board of psychology shall review all	97503
applications received under this section. The state board of	97504
psychology shall not grant a certificate to an applicant for an	97505
initial certificate unless the applicant complies with sections	97506
4776.01 to 4776.04 of the Revised Code and the state board of	97507
psychology, in its discretion, decides that the results of the	97508
criminal records check do not make the applicant ineligible for a	97509
certificate issued pursuant to section 4783.09 of the Revised	97510
Code. If the state board of psychology determines that an	97511
applicant satisfies the requirements for a certificate to practice	97512
as a certified Ohio behavior analyst, the state board of	97513
psychology shall issue the applicant a certificate.	97514

Sec. 4783.05. (A)(1) Except as otherwise provided in this	97515
division, a certificate issued under this chapter is valid for a	97516
period of two years. On or before the thirty-first day of August	97517
of each even-numbered year, each certified Ohio behavior analyst	97518
shall do both of the following:	97519

(a) Register with the state board of psychology on a form	97520
prescribed by the board, giving the certified Ohio behavior	97521
analyst's name, address, certificate number, the continuing	97522
education information required under division (B) of this section,	97523
and any other reasonable information as the board requires;	97524

(b) Pay to the board secretary a biennial registration fee in	97525
an amount of one hundred fifty dollars.	97526

(2) An individual who is issued a certificate under section	97527
4783.04 of the Revised Code for the first time on or before the	97528
thirty-first day of August of an even-numbered year shall next be	97529
required to register on or before the thirty-first day of August	97530
of the next even-numbered year.	97531

(B) Every two years a certified Ohio behavior analyst who	97532
wishes to renew the certified Ohio behavior analyst's certificate	97533
issued under this chapter shall produce proof of not less than	97534
twenty-three hours of continuing education, including not less	97535
than four hours in ethics, professional conduct, or cultural	97536
competency. Continuing education hours may be earned through	97537
providers of continuing education approved by the behavior analyst	97538
certification board or its successor organization or other	97539
organizations approved by the state board of psychology as	97540
providers of continuing education.	97541

Sec. 4783.09. (A) The state board of psychology may refuse	97542
to issue a certificate to any applicant, may issue a reprimand, or	97543
suspend or revoke the certificate of any certified Ohio behavior	97544
analyst, on any of the following grounds:	97545

(1) Conviction of a felony, or of any offense involving moral	97546
turpitude, in a court of this or any other state or in a federal	97547
court;	97548

(2) Using fraud or deceit in the procurement of the	97549
certificate to practice applied behavior analysis or knowingly	97550
assisting another in the procurement of such a certificate through	97551
fraud or deceit;	97552

(3) Accepting commissions or rebates or other forms of	97553
remuneration for referring persons to other professionals;	97554

(4) Willful, unauthorized communication of information	97555
received in professional confidence;	97556

(5) Being negligent in the practice of applied behavior	97557
analysis;	97558

(6) Using any controlled substance or alcoholic beverage to	97559
an extent that such use impairs the person's ability to perform	97560
the work of a certified Ohio behavior analyst with safety to the	97561
public;	97562

(7) Violating any rule of professional conduct promulgated by	97563
the board;	97564

(8) Practicing in an area of applied behavior analysis for	97565
which the person is clearly untrained or incompetent;	97566

(9) An adjudication by a court, as provided in section	97567
5122.301 of the Revised Code, that the person is incompetent for	97568
the purpose of holding the certificate;	97569

(10) Waiving the payment of all or any part of a deductible	97570
or copayment that a patient, pursuant to a health insurance or	97571
health care policy, contract, or plan that covers applied behavior	97572
analysis services, would otherwise be required to pay if the	97573
waiver is used as an enticement to a patient or group of patients	97574
to receive health care services from that provider;	97575

(11) Advertising that the person will waive the payment of	97576
all or any part of a deductible or copayment that a patient,	97577
pursuant to a health insurance or health care policy, contract, or	97578
plan that covers applied behavior analysis services, would	97579
otherwise be required to pay.	97580

(B) For purposes of division (A)(9) of this section, a person	97581
may have the person's certificate issued or restored only upon	97582
determination by a court that the person is competent for the	97583
purpose of holding the certificate and upon the decision by the	97584
board that the certificate be issued or restored. The board may	97585
require an examination prior to such issuance or restoration.	97586

(C) Notwithstanding divisions (A)(10) and (11) of this	97587
section, sanctions shall not be imposed against any certificate	97588
holder who waives deductibles and copayments:	97589

(1) In compliance with the health benefit plan that expressly	97590
allows such a practice. Waiver of the deductibles or copays shall	97591
be made only with the full knowledge and consent of the plan	97592
purchaser, payer, and third-party administrator. Such consent	97593
shall be made available to the board upon request.	97594

(2) For professional services rendered to any other person	97595
holding a certificate issued pursuant to this chapter to the	97596
extent allowed by this chapter and the rules of the board.	97597

(D) Except as provided in section 4783.10 of the Revised	97598
Code, before the board may deny, suspend, or revoke a certificate	97599
under this section, or otherwise discipline the holder of a	97600
certificate, written charges shall be filed with the board by the	97601
secretary and a hearing shall be had thereon in accordance with	97602
Chapter 119. of the Revised Code.	97603

Sec. 4783.10. On receipt of a complaint that any of the	97604
grounds listed in division (A) of section 4783.09 of the Revised	97605
Code exist, the state board of psychology may suspend the	97606
certificate of the certified Ohio behavior analyst prior to	97607
holding a hearing in accordance with Chapter 119. of the Revised	97608
Code if it determines, based on the complaint, that an immediate	97609
threat to the public exists.	97610

After suspending a certificate pursuant to this section, the	97611
board shall notify the certified Ohio behavior analyst of the	97612
suspension in accordance with section 119.07 of the Revised Code.	97613
If the individual whose certificate is suspended fails to make a	97614
timely request for an adjudication under Chapter 119. of the	97615
Revised Code, the board shall enter a final order permanently	97616
revoking the individual's certificate.	97617

Sec. 4783.11. (A) Except as provided in division (B) of this	97618
section, if, at the conclusion of a hearing required by section	97619
4783.09 of the Revised Code, the state board of psychology	97620
determines that a certified Ohio behavior analyst has engaged in	97621
sexual conduct or had sexual contact with the certified Ohio	97622
behavior analyst's patient or client in violation of any	97623
prohibition contained in Chapter 2907. of the Revised Code, the	97624
board shall do one of the following:	97625

(1) Suspend the certified Ohio behavior analyst's	97626
certificate;	97627

(2) Permanently revoke the certified Ohio behavior analyst's	97628
certificate.	97629

(B) If the board determines at the conclusion of the hearing	97630
that neither of the sanctions described in division (A) of this	97631
section is appropriate, the board shall impose another sanction it	97632
considers appropriate and issue a written finding setting forth	97633
the reasons for the sanction imposed and the reason that neither	97634
of the sanctions described in division (A) of this section is	97635
appropriate.	97636

Sec. 4783.12. On receipt of a notice pursuant to section	97637
3123.43 of the Revised Code, the state board of psychology shall	97638
comply with sections 3123.41 to 3123.50 of the Revised Code and	97639
any applicable rules adopted under section 3123.63 of the Revised	97640
Code with respect to a certificate issued pursuant to this	97641
chapter.	97642

Sec. 4783.13. The state board of psychology shall comply	97643
with section 4776.20 of the Revised Code.	97644

Sec. 4783.99. Whoever violates division (A) of section	97645
4783.02 of the Revised Code shall be fined not less than one	97646
hundred dollars nor more than five hundred dollars or imprisoned	97647
for not less than six months nor more than one year, or both. Each	97648
violation shall be a separate offense.	97649

Sec. 4906.20. (A) No person shall commence to construct an	97650
economically significant wind farm in this state without first	97651
having obtained a certificate from the power siting board. An	97652
economically significant wind farm with respect to which such a	97653
certificate is required shall be constructed, operated, and	97654
maintained in conformity with that certificate and any terms,	97655
conditions, and modifications it contains. A certificate shall be	97656
issued only pursuant to this section. The certificate may be	97657
transferred, subject to the approval of the board, to a person	97658
that agrees to comply with those terms, conditions, and	97659
modifications.	97660

(B) The board shall adopt rules governing the certificating	97661
of economically significant wind farms under this section. Initial	97662
rules shall be adopted within one hundred twenty days after June	97663
24, 2008.	97664

(1) The rules shall provide for an application process for	97665
certificating economically significant wind farms that is	97666
identical to the extent practicable to the process applicable to	97667
certificating major utility facilities under sections 4906.06,	97668
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	97669
Revised Code and shall prescribe a reasonable schedule of	97670
application filing fees structured in the manner of the schedule	97671
of filing fees required for major utility facilities.	97672

(2) Additionally, the rules shall prescribe reasonable	97673
regulations regarding any wind turbines and associated facilities	97674
of an economically significant wind farm, including, but not	97675
limited to, their location, erection, construction,	97676
reconstruction, change, alteration, maintenance, removal, use, or	97677
enlargement and including erosion control, aesthetics,	97678
recreational land use, wildlife protection, interconnection with	97679
power lines and with regional transmission organizations,	97680
independent transmission system operators, or similar	97681
organizations, ice throw, sound and noise levels, blade shear,	97682
shadow flicker, decommissioning, and necessary cooperation for	97683
site visits and enforcement investigations. The rules also shall	97684
prescribe a minimum setback for a wind turbine of an economically	97685
significant wind farm. That minimum shall be equal to a horizontal	97686
distance, from the turbine's base to the property line of the wind	97687
farm property, equal to one and one-tenth times the total height	97688
of the turbine structure as measured from its base to the tip of	97689
its highest blade and be at least ~~seven~~one thousand one hundred	97690
~~fifty~~twenty-five feet in horizontal distance from the tip of the	97691
turbine's nearest blade at ninety degrees to the exterior of the	97692
nearest, habitable, residential structure, if any, located on	97693
adjacent property at the time of the certification application.	97694
For any existing certificates and amendments thereto, and existing	97695
certification applications that have been found by the chairperson	97696
to be in compliance with division (A) of section 4906.06 of the	97697
Revised Code before the effective date of the amendment of this	97698
section by H.B. 59 of the 130th general assembly, the distance	97699
shall be seven hundred fifty feet instead of one thousand one	97700
hundred twenty-five feet. The setback shall apply in all cases	97701
except those in which all owners of property adjacent to the wind	97702
farm property waive application of the setback to that property	97703
pursuant to a procedure the board shall establish by rule and	97704
except in which, in a particular case, the board determines that a	97705
setback greater than the minimum is necessary.	97706

Sec. 4906.201. An electric generating plant that consists of	97707
wind turbines and associated facilities with a single	97708
interconnection to the electrical grid that is designed for, or	97709
capable of, operation at an aggregate capacity of fifty megawatts	97710
or more is subject to the minimum setback requirements established	97711
in rules adopted by the power siting board under division (B)(2)	97712
of section 4906.20 of the Revised Code. For any existing	97713
certificates and amendments thereto, and existing certification	97714
applications that have been found by the chairperson to be in	97715
compliance with division (A) of section 4906.06 of the Revised	97716
Code before the effective date of the amendment of this section by	97717
H.B. 59 of the 130th general assembly, the distance shall be seven	97718
hundred fifty feet instead of one thousand one hundred twenty-five	97719
feet.	97720

Sec. 4909.157. (A) The public utilities commission may	97721
authorize a natural gas company or gas company to recover	97722
environmental remediation costs to which both of the following	97723
apply:	97724

(1) They are prudently incurred before January 1, 2025.

97725

(2) They are related to real property that, at the time	97726
recovery is authorized, is or was used for the provision of public	97727
utility service.	97728

(B) Recovery under division (A) of this section may be	97729
provided for through the establishment of a mechanism by the	97730
commission. Any such mechanism shall set forth the specific terms	97731
of the recovery. The mechanism shall cause recovery to occur	97732
through a uniform percentage applied to base distribution revenue.	97733

(C) If the commission authorizes recovery under this section,	97734
the company, upon the sale of the property described in division	97735
(A)(2) of this section, shall return to the company's customers	97736
the difference between the sale price of the property, minus any	97737
reasonable expenses related to the sale, and the fair market value	97738
of the property prior to remediation.	97739

(D) Divisions (A)(1) and (4) of section 4909.15 of the	97740
Revised Code do not preclude the recovery of environmental	97741
remediation costs as described in this section.	97742

Sec. 4955.32. (A) ~~Every company shall attach to each~~	97743
~~locomotive engine passing upon its railroad a bell of the ordinary~~	97744
~~size in use on such engines and a steam or compressed air whistle~~	97745
As used in this section, "lite locomotive consist" means a consist	97746
of locomotives not attached to any piece of equipment or attached	97747
only to a caboose.	97748

(B) When ~~an engine~~the locomotive in ~~motion and~~the lead of a	97749
train, when a lite locomotive consist, or when an individual	97750
locomotive is approaching a ~~turnpike,~~public highway~~, or street~~	97751
~~crossing~~ or ~~private~~a grade crossing ~~where the view of such~~	97752
~~crossing is obstructed by embankment, trees, curve, or other~~	97753
~~obstruction to view, upon the same line with the crossing, and in~~	97754
~~like manner where the railroad crosses any other traveled place,~~	97755
~~by bridge or otherwise~~, either of the following shall occur:	97756

(1) The engineer or person in charge of ~~such engine~~the	97757
locomotive shall sound ~~such whistle at a distance of at least~~	97758
~~eighty and not further than one hundred rods from such crossing~~	97759
~~and ring such bell continuously until the engine passes the~~	97760
~~crossing~~the locomotive horn in accordance with 49 C.F.R. part	97761
222;	97762

(2) An alternative audible warning system approved by the	97763
public utilities commission under section 4955.321 of the Revised	97764
Code shall be activated in accordance with guidelines established	97765
by the ~~public utilities~~ commission.	97766

(C) ~~This section shall not interfere with the proper~~	97767
~~observance of an ordinance passed by the legislative authority of~~	97768
~~a municipal corporation regulating the management of railroads,~~	97769
~~locomotives, and steam whistles on locomotives, within the limits~~	97770
~~of such municipal corporation.~~	97771

~~(D)~~ The establishment of an alternative audible warning	97772
system does not preclude the sounding of a ~~whistle~~locomotive horn	97773
by an engineer or other person in charge of ~~an engine~~a locomotive	97774
in an emergency situation, as determined by the sole judgment of	97775
the engineer or other person.	97776

Sec. 4955.321. The public utilities commission may evaluate	97777
alternative systems for providing an audible warning of an	97778
approaching locomotive ~~engine~~. The commission may approve the use	97779
of an audible warning system as an alternative to the ~~whistle and~~	97780
~~bell~~horn sounding required under division (B)(1) of section	97781
4955.32 of the Revised Code only if it determines that the	97782
alternative audible warning system complies with applicable	97783
federal requirements for an audible warning of an approaching	97784
train and only if train-activated warning devices also are present	97785
at any public highway or grade crossing at which the alternative	97786
audible warning system is installed. The commission shall	97787
establish guidelines for the use and operation of any alternative	97788
audible warning system it approves.	97789

Sec. 4955.322. The sounding of a locomotive horn at a	97790
private crossing or the failure to sound a locomotive horn at a	97791
private crossing is not a basis for a civil action against the	97792
railroad company that operated the locomotive, a board of county	97793
commissioners, or any local authority, or against the employees or	97794
agents of the company, board, or authority.	97795

Sec. 4955.34. Every engineer or person in charge of an	97796
~~engine~~a locomotive who fails to comply with section 4955.32 of	97797
the Revised Code is personally liable to a penalty of not less	97798
than fifty nor more than one hundred dollars, to be recovered by	97799
civil action at the suit of the state in the court of common pleas	97800
of a county in which the public highway or grade crossing is	97801
located.	97802

The company in whose employ such engineer or person in charge	97803
of ~~an engine~~a locomotive is, as well as the engineer or person	97804
~~himself~~in charge, is liable in damages to a person or company	97805
injured in person or property by such neglect or act of such	97806
engineer or person in charge.	97807

Sec. 4955.44. (A) On and after the date of first operation	97808
of a railroad quiet zone established pursuant to section 4955.42	97809
of the Revised Code, divisions (B)(1) and (2) of section 4955.32	97810
~~and division (A)(2) of section 4999.04~~ of the Revised Code do not	97811
apply with respect to ~~a public or private grade crossing included~~	97812
in the zone.	97813

(B) The establishment of a railroad quiet zone pursuant to	97814
sections 4955.41 to 4955.47 of the Revised Code does not preclude	97815
the sounding of a locomotive whistle, horn, bell, or other audible	97816
device by an engineer or other person in charge of the locomotive	97817
to address a perceived potential for injury, death, or loss to	97818
person or property, as determined by the sole judgment of the	97819
engineer or other person.	97820

(C) The commission may suspend summarily the operation of a	97821
quiet zone established pursuant to section 4955.42 of the Revised	97822
Code if the commission, through any source, obtains sufficient,	97823
credible evidence showing that a condition at a public grade	97824
crossing located within a quiet zone has changed to such an extent	97825
that, even with the continuing existence of the supplemental	97826
safety measures at the crossing, the quiet zone no longer	97827
qualifies as such under federal law or the commission determines	97828
that public safety is otherwise compromised at the crossing.	97829
Within fifteen days following the quiet zone suspension date	97830
described in this division, the commission shall hold a hearing in	97831
the general vicinity of the quiet zone in question to determine	97832
whether the quiet zone suspension should be lifted or continued,	97833
or whether commission approval of the quiet zone should be	97834
rescinded and the quiet zone eliminated.	97835

Sec. 4955.47. No railroad company and no employee or agent of	97836
the company shall be charged, or is liable in damages to person or	97837
property, for any failure to sound an audible warning by whistle,	97838
horn, bell, or other audible warning device at a ~~public or private~~	97839
railroad grade crossing to which any of the following apply:	97840

(A) The crossing is equipped in accordance with division	97841
(B)(2) of section 4955.32 of the Revised Code or.	97842

(B) The crossing is located in a railroad quiet zone	97843
established pursuant to section 4955.42 of the Revised Code or.	97844

(C) The crossing is located in a jurisdiction in which such	97845
sounding is restricted or prohibited by law.	97846

Sec. 4999.04. (A) No person in charge of a locomotive shall	97847
~~do the following:~~	97848

~~(1) Fail~~fail to bring the locomotive to a full stop at least	97849
two hundred feet before arriving at a crossing with another track,	97850
or proceed through the crossing before signaled to do so or before	97851
the way is clear;	97852

~~(2) When approaching a grade crossing, fail to sound the~~	97853
~~locomotive whistle at frequent intervals, beginning not less than~~	97854
~~thirteen hundred twenty feet from such crossing and continuing~~	97855
~~until the locomotive has passed the crossing~~.	97856

(B)(1) Whoever violates this section or fails to comply with	97857
division (B)(1) of section 4955.32 of the Revised Code is guilty	97858
of a misdemeanor of the fourth degree. If the violation ~~of this~~	97859
~~section~~or failure to comply causes physical harm to any person,	97860
whoever violates this section or fails to comply with division	97861
(B)(1) of section 4955.32 of the Revised Code is guilty of a	97862
misdemeanor of the third degree.	97863

(2) With respect to a charge of violating division (B)(1) of	97864
this section for a failure to comply with division (B)(1) of	97865
section 4955.32 of the Revised Code, it is an affirmative defense	97866
that an alternative audible warning system described in division	97867
(B)(2) of that section was activated.	97868

Sec. 5101.01. (A) As used in the Revised Code, the	97869
"department of public welfare" and the "department of human	97870
services" mean the department of job and family services and the	97871
"director of public welfare" and the "director of human services"	97872
mean the director of job and family services. ~~Whenever~~Except as	97873
provided in section 5160.011 of the Revised Code, whenever the	97874
department or director of public welfare or the department or	97875
director of human services is referred to or designated in any	97876
statute, rule, contract, grant, or other document, the reference	97877
or designation shall be deemed to refer to the department or	97878
director of job and family services, as the case may be.	97879

(B) As used in this chapter:

97880

(1) References to a county department of job and family	97881
services include a joint county department of job and family	97882
services established under section 329.40 of the Revised Code.	97883

(2) References to a board of county commissioners include the	97884
board of directors of a joint county department of job and family	97885
services established under section 329.40 of the Revised Code.	97886

Sec. 5101.101. (A) This section establishes the order of	97887
priority to be followed by the department of job and family	97888
services when distributing funds for the purpose of providing	97889
family planning services, including funds the department receives	97890
through Title XX of the "Social Security Act," 88 Stat. 2337	97891
(1974), 42 U.S.C. 1397, as amended, and funds the department	97892
receives through Title IV-A of the "Social Security Act," 110	97893
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	97894
purposes of providing Title XX social services. This section does	97895
not apply to payments made under the medicaid program.	97896

(B) With respect to each period during which funds from a	97897
particular source are distributed for the purpose of providing	97898
family planning services, the department is subject to both of the	97899
following when distributing the funds to applicants seeking those	97900
funds:	97901

(1) Foremost priority shall be given to public entities that	97902
are operated by state or local government entities and that	97903
provide or are able to provide family planning services.	97904

(2) If any funds remain after the department distributes	97905
funds to public entities under division (B)(1) of this section,	97906
the department may distribute funds to nonpublic entities. If	97907
funds are distributed to nonpublic entities, the department shall	97908
distribute the funds in the following order of descending	97909
priority:	97910

(a) Nonpublic entities that are federally qualified health	97911
centers or federally qualified health center look-alikes, both as	97912
defined in section 3701.047 of the Revised Code, or community	97913
action agencies, as defined in section 122.66 of the Revised Code;	97914

(b) Nonpublic entities that provide comprehensive primary and	97915
preventive care services in addition to family planning services;	97916

(c) Nonpublic entities that provide family planning services,	97917
but do not provide comprehensive primary and preventive care	97918
services.	97919

Sec. 5101.11. ~~This section does not apply to contracts~~	97920
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	97921

(A) As used in this section:

97922

(1) "Entity" includes an agency, board, commission, or	97923
department of the state or a political subdivision of the state; a	97924
private, nonprofit entity; a school district; a private school; or	97925
a public or private institution of higher education.	97926

(2) "Federal financial participation" means the federal	97927
government's share of expenditures made by an entity in	97928
implementing a program administered by the department of job and	97929
family services.	97930

(B) At the request of any public entity having authority to	97931
implement a program administered by the department of job and	97932
family services or any private entity under contract with a public	97933
entity to implement a program administered by the department, the	97934
department may seek to obtain federal financial participation for	97935
costs incurred by the entity. Federal financial participation may	97936
be sought from programs operated pursuant to Title IV-A,of the	97937
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	97938
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	97939
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	97940
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	97941
under which federal financial participation may be available,	97942
except that federal financial participation may be sought only for	97943
expenditures made with funds for which federal financial	97944
participation is available under federal law.	97945

(C) All funds collected by the department ~~of job and family~~	97946
~~services~~ pursuant to division (B) of this section shall be	97947
distributed to the entities that incurred the costs, except for	97948
any amounts retained by the department pursuant to division (D)(3)	97949
of this section.	97950

(D) In distributing federal financial participation pursuant	97951
to this section, the department may either enter into an agreement	97952
with the entity that is to receive the funds or distribute the	97953
funds in accordance with rules adopted under division (F) of this	97954
section. If the department decides to enter into an agreement to	97955
distribute the funds, the agreement may include terms that do any	97956
of the following:	97957

(1) Provide for the whole or partial reimbursement of any	97958
cost incurred by the entity in implementing the program;	97959

(2) In the event that federal financial participation is	97960
disallowed or otherwise unavailable for any expenditure, require	97961
the department ~~of job and family services~~ or the entity, whichever	97962
party caused the disallowance or unavailability of federal	97963
financial participation, to assume responsibility for the	97964
expenditures;	97965

(3) Permit the department to retain not more than five per	97966
cent of the amount of the federal financial participation to be	97967
distributed to the entity;	97968

(4) Require the public entity to certify the availability of	97969
sufficient unencumbered funds to match the federal financial	97970
participation it receives under this section;	97971

(5) Establish the length of the agreement, which may be for a	97972
fixed or a continuing period of time;	97973

(6) Establish any other requirements determined by the	97974
department to be necessary for the efficient administration of the	97975
agreement.	97976

(E) An entity that receives federal financial participation	97977
pursuant to this section for a program aiding children and their	97978
families shall establish a process for collaborative planning with	97979
the department ~~of job and family services~~ for the use of the funds	97980
to improve and expand the program.	97981

(F) The director of job and family services shall adopt rules	97982
as necessary to implement this section, including rules for the	97983
distribution of federal financial participation pursuant to this	97984
section. The rules shall be adopted in accordance with Chapter	97985
119. of the Revised Code. The director may adopt or amend any	97986
statewide plan required by the federal government for a program	97987
administered by the department, as necessary to implement this	97988
section.	97989

(G) Federal financial participation received pursuant to this	97990
section shall not be included in any calculation made under	97991
section 5101.16 or 5101.161 of the Revised Code.	97992

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	97993
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	97994
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	97995

(B) The department of job and family services shall act as	97996
the single state agency to administer federal payments for foster	97997
care and adoption assistance made pursuant to Title IV-E. The	97998
director of job and family services shall adopt rules to implement	97999
this authority. Rules governing financial and administrative	98000
requirements applicable to public children services agencies and	98001
government entities that provide Title IV-E reimbursable placement	98002
services to children shall be adopted in accordance with section	98003
111.15 of the Revised Code, as if they were internal management	98004
rules. Rules governing requirements applicable to private child	98005
placing agencies and private noncustodial agencies and rules	98006
establishing eligibility, program participation, and other	98007
requirements concerning Title IV-E shall be adopted in accordance	98008
with Chapter 119. of the Revised Code. A public children services	98009
agency to which the department distributes Title IV-E funds shall	98010
administer the funds in accordance with those rules.	98011

(C)(1) The county, on behalf of each child eligible for	98012
foster care maintenance payments under Title IV-E, shall make	98013
payments to cover the cost of providing all of the following:	98014

(a) The child's food, clothing, shelter, daily supervision,	98015
and school supplies;	98016

(b) The child's personal incidentals;

98017

98018

(2) In addition to payments made under division (C)(1) of	98019
this section, the county may, on behalf of each child eligible for	98020
foster care maintenance payments under Title IV-E, make payments	98021
to cover the cost of providing the following:	98022

(a) Liability insurance with respect to the child;

98023

(b) If the county is participating in the demonstration	98024
project established under division (A) of section 5101.142 of the	98025
Revised Code, services provided under the project.	98026

(3) With respect to a child who is in a child-care	98027
institution, including any type of group home designed for the	98028
care of children or any privately operated program consisting of	98029
two or more certified foster homes operated by a common	98030
administrative unit, the foster care maintenance payments made by	98031
the county on behalf of the child shall include the reasonable	98032
cost of the administration and operation of the institution, group	98033
home, or program, as necessary to provide the items described in	98034
divisions (C)(1) and (2) of this section.	98035

(D) To the extent that either foster care maintenance	98036
payments under division (C) of this section or Title IV-E adoption	98037
assistance payments for maintenance costs require the expenditure	98038
of county funds, the board of county commissioners shall report	98039
the nature and amount of each expenditure of county funds to the	98040
department.	98041

(E) The department shall distribute to public children	98042
services agencies that incur and report expenditures of the type	98043
described in division (D) of this section federal financial	98044
participation received for administrative and training costs	98045
incurred in the operation of foster care maintenance and adoption	98046
assistance programs. The department may withhold not more than	98047
three per cent of the federal financial participation received.	98048
The funds withheld may be used only to fund the following:	98049

(1) The Ohio child welfare training program established under	98050
section 5103.30 of the Revised Code;	98051

(2) The university partnership program for college and	98052
university students majoring in social work who have committed to	98053
work for a public children services agency upon graduation;	98054

(3) Efforts supporting organizational excellence, including	98055
voluntary activities to be accredited by a nationally recognized	98056
accreditation organization.	98057

The funds withheld shall be in addition to any administration	98058
and training cost for which the department is reimbursed through	98059
its own cost allocation plan.	98060

(F) All federal financial participation funds received by a	98061
county pursuant to this section shall be deposited into the	98062
county's children services fund created pursuant to section	98063
5101.144 of the Revised Code.	98064

(G) The department shall periodically publish and distribute	98065
the maximum amounts that the department will reimburse public	98066
children services agencies for making payments on behalf of	98067
children eligible for foster care maintenance payments.	98068

(H) The department, by and through its director, is hereby	98069
authorized to develop, participate in the development of,	98070
negotiate, and enter into one or more interstate compacts on	98071
behalf of this state with agencies of any other states, for the	98072
provision of ~~medical assistance and other~~ social services to	98073
children in relation to whom all of the following apply:	98074

(1) They have special needs.

98075

(2) This state or another state that is a party to the	98076
interstate compact is providing adoption assistance on their	98077
behalf.	98078

(3) They move into this state from another state or move out	98079
of this state to another state.	98080

Sec. 5101.16. (A) As used in this section and sections	98081
5101.161 and 5101.162 of the Revised Code:	98082

(1) "Disability financial assistance" means the financial	98083
assistance program established under Chapter 5115. of the Revised	98084
Code.	98085

(2) "Supplemental nutrition assistance program" means the	98086
program administered by the department of job and family services	98087
pursuant to section 5101.54 of the Revised Code.	98088

(3) ~~"Medicaid" means the medical assistance program~~	98089
~~established by Chapter 5111. of the Revised Code, excluding~~	98090
~~transportation services provided under that chapter.~~	98091

~~(4)~~ "Ohio works first" means the program established by	98092
Chapter 5107. of the Revised Code.	98093

~~(5)~~(4) "Prevention, retention, and contingency" means the	98094
program established by Chapter 5108. of the Revised Code.	98095

~~(6)~~(5) "Public assistance expenditures" means expenditures	98096
for all of the following:	98097

(a) Ohio works first;

98098

(b) County administration of Ohio works first;

98099

98100

(d) County administration of prevention, retention, and	98101
contingency;	98102

(e) Disability financial assistance;

98103

(f) County administration of disability financial assistance;

98104

(g) County administration of the supplemental nutrition	98105
assistance program;	98106

(h) County administration of medicaid, excluding	98107
administrative expenditures for transportation services covered by	98108
the medicaid program.	98109

(7) "Title IV-A program" has the same meaning as in section	98110
5101.80 of the Revised Code.	98111

(B) Each board of county commissioners shall pay the county	98112
share of public assistance expenditures in accordance with section	98113
5101.161 of the Revised Code. Except as provided in division (C)	98114
of this section, a county's share of public assistance	98115
expenditures is the sum of all of the following for state fiscal	98116
year 1998 and each state fiscal year thereafter:	98117

(1) The amount that is twenty-five per cent of the county's	98118
total expenditures for disability financial assistance and county	98119
administration of that program during the state fiscal year ending	98120
in the previous calendar year that the department of job and	98121
family services determines are allowable.	98122

(2) The amount that is ten per cent, or other percentage	98123
determined under division (D) of this section, of the county's	98124
total expenditures for county administration of the supplemental	98125
nutrition assistance program and medicaid (excluding	98126
administrative expenditures for transportation services covered by	98127
the medicaid program) during the state fiscal year ending in the	98128
previous calendar year that the department determines are	98129
allowable, less the amount of federal reimbursement credited to	98130
the county under division (E) of this section for the state fiscal	98131
year ending in the previous calendar year;	98132

(3) A percentage of the actual amount of the county share of	98133
program and administrative expenditures during federal fiscal year	98134
1994 for assistance and services, other than child care, provided	98135
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	98136
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	98137
enactment of the "Personal Responsibility and Work Opportunity	98138
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	98139
and family services shall determine the actual amount of the	98140
county share from expenditure reports submitted to the United	98141
States department of health and human services. The percentage	98142
shall be the percentage established in rules adopted under	98143
division (F) of this section.	98144

(C)(1) If a county's share of public assistance expenditures	98145
determined under division (B) of this section for a state fiscal	98146
year exceeds one hundred five per cent of the county's share for	98147
those expenditures for the immediately preceding state fiscal	98148
year, the department of job and family services shall reduce the	98149
county's share for expenditures under divisions (B)(1) and (2) of	98150
this section so that the total of the county's share for	98151
expenditures under division (B) of this section equals one hundred	98152
five per cent of the county's share of those expenditures for the	98153
immediately preceding state fiscal year.	98154

(2) A county's share of public assistance expenditures	98155
determined under division (B) of this section may be increased	98156
pursuant to section 5101.163 of the Revised Code and a sanction	98157
under section 5101.24 of the Revised Code. An increase made	98158
pursuant to section 5101.163 of the Revised Code may cause the	98159
county's share to exceed the limit established by division (C)(1)	98160
of this section.	98161

(D)(1) If the per capita tax duplicate of a county is less	98162
than the per capita tax duplicate of the state as a whole and	98163
division (D)(2) of this section does not apply to the county, the	98164
percentage to be used for the purpose of division (B)(2) of this	98165
section is the product of ten multiplied by a fraction of which	98166
the numerator is the per capita tax duplicate of the county and	98167
the denominator is the per capita tax duplicate of the state as a	98168
whole. The department of job and family services shall compute the	98169
per capita tax duplicate for the state and for each county by	98170
dividing the tax duplicate for the most recent available year by	98171
the current estimate of population prepared by the ~~department of~~	98172
development services agency.	98173

(2) If the percentage of families in a county with an annual	98174
income of less than three thousand dollars is greater than the	98175
percentage of such families in the state and division (D)(1) of	98176
this section does not apply to the county, the percentage to be	98177
used for the purpose of division (B)(2) of this section is the	98178
product of ten multiplied by a fraction of which the numerator is	98179
the percentage of families in the state with an annual income of	98180
less than three thousand dollars a year and the denominator is the	98181
percentage of such families in the county. The department of job	98182
and family services shall compute the percentage of families with	98183
an annual income of less than three thousand dollars for the state	98184
and for each county by multiplying the most recent estimate of	98185
such families published by the ~~department of~~ development services	98186
agency, by a fraction, the numerator of which is the estimate of	98187
average annual personal income published by the bureau of economic	98188
analysis of the United States department of commerce for the year	98189
on which the census estimate is based and the denominator of which	98190
is the most recent such estimate published by the bureau.	98191

(3) If the per capita tax duplicate of a county is less than	98192
the per capita tax duplicate of the state as a whole and the	98193
percentage of families in the county with an annual income of less	98194
than three thousand dollars is greater than the percentage of such	98195
families in the state, the percentage to be used for the purpose	98196
of division (B)(2) of this section shall be determined as follows:	98197

(a) Multiply ten by the fraction determined under division	98198
(D)(1) of this section;	98199

(b) Multiply the product determined under division (D)(3)(a)	98200
of this section by the fraction determined under division (D)(2)	98201
of this section.	98202

(4) The department of job and family services shall	98203
determine, for each county, the percentage to be used for the	98204
purpose of division (B)(2) of this section not later than the	98205
first day of July of the year preceding the state fiscal year for	98206
which the percentage is used.	98207

(E) The department of job and family services shall credit to	98208
a county the amount of federal reimbursement the department	98209
receives from the United States departments of agriculture and	98210
health and human services for the county's expenditures for	98211
administration of the supplemental nutrition assistance program	98212
and medicaid (excluding administrative expenditures for	98213
transportation services covered by the medicaid program) that the	98214
department determines are allowable administrative expenditures.	98215

(F)(1) The director of job and family services shall adopt	98216
rules in accordance with section 111.15 of the Revised Code to	98217
establish all of the following:	98218

(a) The method the department is to use to change a county's	98219
share of public assistance expenditures determined under division	98220
(B) of this section as provided in division (C) of this section;	98221

(b) The allocation methodology and formula the department	98222
will use to determine the amount of funds to credit to a county	98223
under this section;	98224

(c) The method the department will use to change the payment	98225
of the county share of public assistance expenditures from a	98226
calendar-year basis to a state fiscal year basis;	98227

(d) The percentage to be used for the purpose of division	98228
(B)(3) of this section, which shall, except as provided in section	98229
5101.163 of the Revised Code, meet both of the following	98230
requirements:	98231

(i) The percentage shall not be less than seventy-five per	98232
cent nor more than eighty-two per cent;	98233

(ii) The percentage shall not exceed the percentage that the	98234
state's qualified state expenditures is of the state's historic	98235
state expenditures as those terms are defined in 42 U.S.C.	98236
609(a)(7).	98237

(e) Other procedures and requirements necessary to implement	98238
this section.	98239

(2) The director of job and family services may amend the	98240
rule adopted under division (F)(1)(d) of this section to modify	98241
the percentage on determination that the amount the general	98242
assembly appropriates for Title IV-A programs makes the	98243
modification necessary. The rule shall be adopted and amended as	98244
if an internal management rule and in consultation with the	98245
director of budget and management.	98246

Sec. 5101.162. Subject to available federal funds and	98247
appropriations made by the general assembly, the department of job	98248
and family services may, at its sole discretion, use available	98249
federal funds to reimburse county expenditures for county	98250
administration of the supplemental nutrition assistance program or	98251
medicaid (excluding administrative expenditures for transportation	98252
services covered by the medicaid program) even though the county	98253
expenditures meet or exceed the maximum allowable reimbursement	98254
amount established by rules adopted under section 5101.161 of the	98255
Revised Code. The director of job and family services may adopt	98256
internal management rules in accordance with section 111.15 of the	98257
Revised Code to implement this section.	98258

Sec. 5101.18. ~~(A)~~ When the director of job and family	98259
services adopts rules under section 5107.05 regarding income	98260
requirements for the Ohio works first program and under section	98261
5115.03 of the Revised Code regarding income and resource	98262
requirements for the disability financial assistance program, the	98263
director shall determine what payments shall be regarded or	98264
disregarded. In making this determination, the director shall	98265
consider:	98266

~~(1)~~(A) The source of the payment;

98267

~~(2)~~(B) The amount of the payment;

98268

~~(3)~~(C) The purpose for which the payment was made;

98269

~~(4)~~(D) Whether regarding the payment as income would be in	98270
the public interest;	98271

~~(5)~~(E) Whether treating the payment as income would be	98272
detrimental to any of the programs administered in whole or in	98273
part by the department of job and family services and whether such	98274
determination would jeopardize the receipt of any federal grant or	98275
payment by the state or any receipt of aid under Chapter 5107. of	98276
the Revised Code.	98277

~~(B) Any recipient of aid under Title XVI of the "Social~~	98278
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	98279
~~whose money payment is discontinued as the result of a general~~	98280
~~increase in old-age, survivors, and disability insurance benefits~~	98281
~~under such act, shall remain a recipient for the purpose of~~	98282
~~receiving medical assistance through the medical assistance~~	98283
~~program established under section 5111.01 of the Revised Code.~~	98284

Sec. 5101.181. (A) As used in this section and section	98285
5101.182 of the Revised Code:	98286

~~(1) "Public~~, "public assistance" means any or all of the	98287
following:	98288

~~(a)~~(1) Ohio works first;

98289

~~(b)~~(2) Prevention, retention, and contingency;

98290

~~(c)~~(3) Disability financial assistance;

98291

~~(d)~~(4) General assistance provided prior to July 17, 1995,	98292
under former Chapter 5113. of the Revised Code.	98293

~~(2) "Medical assistance" means medical assistance provided~~	98294
~~pursuant to, or under programs established by, section 5101.49,~~	98295
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	98296
~~provision of the Revised Code.~~	98297

(B) As part of the procedure for the determination of	98298
overpayment to a recipient of public assistance under Chapter	98299
5107., 5108., or 5115. of the Revised Code, the director of job	98300
and family services may furnish quarterly the name and social	98301
security number of each individual who receives public assistance	98302
to the director of administrative services, the administrator of	98303
the bureau of workers' compensation, and each of the state's	98304
retirement boards. Within fourteen days after receiving the name	98305
and social security number of an individual who receives public	98306
assistance, the director of administrative services,	98307
administrator, or board shall inform the auditor of state as to	98308
whether such individual is receiving wages or benefits, the amount	98309
of any wages or benefits being received, the social security	98310
number, and the address of the individual. The director of	98311
administrative services, administrator, boards, and any agent or	98312
employee of those officials and boards shall comply with the rules	98313
of the director of job and family services restricting the	98314
disclosure of information regarding recipients of public	98315
assistance. Any person who violates this provision shall	98316
thereafter be disqualified from acting as an agent or employee or	98317
in any other capacity under appointment or employment of any state	98318
board, commission, or agency.	98319

(C) The auditor of state may enter into a reciprocal	98320
agreement with the director of job and family services or	98321
comparable officer of any other state for the exchange of names,	98322
current or most recent addresses, or social security numbers of	98323
persons receiving public assistance under Title IV-A of the	98324
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	98325
~~amended~~601 et seq.	98326

(D) The auditor of state shall retain, for not less than two	98327
years, at least one copy of all information received under this	98328
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	98329
5101.182, and 5505.04 of the Revised Code.	98330

(E) ~~On the request of the director of job and family~~	98331
~~services, the auditor of state may conduct an audit of an~~	98332
~~individual who receives medical assistance. If the auditor decides~~	98333
~~to conduct an audit, the auditor shall enter into an interagency~~	98334
~~agreement with the department of~~ ~~job and family services~~ that	98335
specifies that the auditor agrees to comply with section 5101.271	98336
of the Revised Code with respect to any information the auditor	98337
receives pursuant to the audit.	98338

~~(F)~~ The auditor shall review the information described in	98339
division (D) of this section to determine whether overpayments	98340
were made to recipients of public assistance under Chapters 5107.,	98341
5108., and 5115. of the Revised Code. The auditor of state shall	98342
initiate action leading to prosecution, where warranted, of	98343
recipients who received overpayments by forwarding the name of	98344
each recipient who received overpayment, together with other	98345
pertinent information, to the director of job and family services,	98346
the attorney general, and the county director of job and family	98347
services and county prosecutor of the county through which public	98348
assistance was received.	98349

~~(G)~~(F) The auditor of state and the attorney general or their	98350
designees may examine any records, whether in computer or printed	98351
format, in the possession of the director of job and family	98352
services or any county director of job and family services. They	98353
shall provide safeguards which restrict access to such records to	98354
purposes directly connected with an audit or investigation,	98355
prosecution, or criminal or civil proceeding conducted in	98356
connection with the administration of the programs and shall	98357
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	98358
Code and ~~adopts~~ rules ofadopted by the director of job and family	98359
services restricting the disclosure of information regarding	98360
recipients of public assistance ~~or medical assistance~~. Any person	98361
who violates this provision shall thereafter be disqualified from	98362
acting as an agent or employee or in any other capacity under	98363
appointment or employment of any state board, commission, or	98364
agency.	98365

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	98366
the auditor of state's duties under this section shall be borne by	98367
the auditor of state.	98368

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	98369
~~the Revised Code, the~~The director of job and family services, in	98370
accordance with section 111.15 of the Revised Code, may adopt	98371
rules under which county family services agencies shall take	98372
action to recover the cost of the following benefits and services	98373
available under programs administered by the department of job and	98374
family services:	98375

(1) Benefits or services provided to any of the following:

98376

(a) Persons who were not eligible for the benefits or	98377
services but who secured the benefits or services through fraud or	98378
misrepresentation;	98379

(b) Persons who were eligible for the benefits or services	98380
but who intentionally diverted the benefits or services to other	98381
persons who were not eligible for the benefits or services.	98382

(2) Any benefits or services provided by a county family	98383
services agency for which recovery is required or permitted by	98384
federal law for the federal programs administered by the agency.	98385

(B) A county family services agency may bring a civil action	98386
against a recipient of benefits or services to recover any costs	98387
described in division (A) of this section.	98388

(C) A county family services agency shall retain any money it	98389
recovers under division (A) of this section and shall use the	98390
money to meet a family services duty, except that, if federal law	98391
requires the department of job and family services to return any	98392
portion of the money so recovered to the federal government, the	98393
county family services agency shall pay that portion to the	98394
department of job and family services.	98395

Sec. 5101.184. (A) The director of job and family services	98396
shall work with the tax commissioner to collect overpayments of	98397
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	98398
5113., or section 5101.54 of the Revised Code from refunds of	98399
state income taxes for taxable year 1992 and thereafter that are	98400
payable to the recipients of such overpayments.	98401

Any overpayment of assistance, whether obtained by fraud or	98402
misrepresentation, as the result of an error by the recipient or	98403
by the agency making the payment, or in any other manner, may be	98404
collected under this section. Any reduction under section 5747.12	98405
or 5747.121 of the Revised Code to an income tax refund shall be	98406
made before a reduction under this section. No reduction shall be	98407
made under this section if the amount of the refund is less than	98408
twenty-five dollars after any reduction under section 5747.12 of	98409
the Revised Code. A reduction under this section shall be made	98410
before any part of the refund is contributed under section	98411
5747.113 of the Revised Code, or is credited under section 5747.12	98412
of the Revised Code against tax due in any subsequent year.	98413

The director and the tax commissioner, by rules adopted in	98414
accordance with Chapter 119. of the Revised Code, shall establish	98415
procedures to implement this division. The procedures shall	98416
provide for notice to a recipient of assistance and an opportunity	98417
for the recipient to be heard before the recipient's income tax	98418
refund is reduced.	98419

(B) The director of job and family services may enter into	98420
agreements with the federal government to collect overpayments of	98421
assistance from refunds of federal income taxes that are payable	98422
to recipients of the overpayments.	98423

Sec. 5101.26. As used in this section and in sections	98424
5101.27 to 5101.30 of the Revised Code:	98425

(A) "County agency" means a county department of job and	98426
family services or a public children services agency.	98427

(B) "Fugitive felon" means an individual who is fleeing to	98428
avoid prosecution, or custody or confinement after conviction,	98429
under the laws of the place from which the individual is fleeing,	98430
for a crime or an attempt to commit a crime that is a felony under	98431
the laws of the place from which the individual is fleeing or, in	98432
the case of New Jersey, a high misdemeanor, regardless of whether	98433
the individual has departed from the individual's usual place of	98434
residence.	98435

(C) "Information" means records as defined in section 149.011	98436
of the Revised Code, any other documents in any format, and data	98437
derived from records and documents that are generated, acquired,	98438
or maintained by the department of job and family services, a	98439
county agency, or an entity performing duties on behalf of the	98440
department or a county agency.	98441

(D) "Law enforcement agency" means the state highway patrol,	98442
an agency that employs peace officers as defined in section 109.71	98443
of the Revised Code, the adult parole authority, a county	98444
department of probation, a prosecuting attorney, the attorney	98445
general, similar agencies of other states, federal law enforcement	98446
agencies, and postal inspectors. "Law enforcement agency" includes	98447
the peace officers and other law enforcement officers employed by	98448
the agency.	98449

(E) ~~"Medical assistance" means medical assistance provided~~	98450
~~pursuant to, or under programs established by, section 5101.49,~~	98451
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	98452
~~provision of the Revised Code.~~	98453

~~(F) "Medical assistance recipient" means an applicant for or~~	98454
~~recipient or former recipient of medical assistance.~~	98455

~~(G)~~ "Public assistance" means financial assistance or social	98456
services that are ~~not medical assistance~~ provided under a program	98457
administered by the department of job and family services or a	98458
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	98459
5108., or 5115. of the Revised Code or an executive order issued	98460
under section 107.17 of the Revised Code. "Public assistance" does	98461
not mean medical assistance provided under a medical assistance	98462
program, as defined in section 5160.01 of the Revised Code.	98463

~~(H)~~(F) "Public assistance recipient" means an applicant for	98464
or recipient or former recipient of public assistance.	98465

Sec. 5101.272. (A) For the purposes of ~~sections~~section	98466
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	98467
be made on a form that uses language understandable to the average	98468
person and contains all of the following:	98469

(1) A description of the information to be used or disclosed	98470
that identifies the information in a specific and meaningful	98471
fashion;	98472

(2) The name or other specific identification of the person	98473
or class of persons authorized to make the requested use or	98474
disclosure;	98475

(3) The name or other specific identification of the person	98476
or governmental entity to which the information may be released;	98477

(4) A description of each purpose of the requested use or	98478
disclosure of the information;	98479

(5) The date on which the authorization expires or an event	98480
related either to the individual who is the subject of the request	98481
or to the purposes of the requested use or disclosure, the	98482
occurrence of which will cause the authorization to expire;	98483

(6) A statement that the information used or disclosed	98484
pursuant to the authorization may be disclosed by the recipient of	98485
the information and may no longer be protected from disclosure;	98486

(7) The signature of the individual or the individual's	98487
authorized representative and the date on which the authorization	98488
was signed;	98489

(8) If signed by an authorized representative, a description	98490
of the representative's authority to act for the individual;	98491

(9) A statement of the individual or authorized	98492
representative's right to prospectively revoke the written	98493
authorization in writing, along with one of the following:	98494

(a) A description of how the individual or authorized	98495
representative may revoke the authorization;	98496

(b) If the department of job and family services' privacy	98497
notice contains a description of how the individual or authorized	98498
representative may revoke the authorization, a reference to that	98499
privacy notice.	98500

(10) A statement that treatment, payment, enrollment, or	98501
eligibility for public assistance ~~or medical assistance~~ cannot be	98502
conditioned on signing the authorization unless the authorization	98503
is necessary for determining eligibility for the public assistance	98504
~~or medical assistance~~ program.	98505

(B) ~~An authorization for the release of information regarding~~	98506
~~a medical assistance recipient to the recipient's attorney under~~	98507
~~division (C)(3) of section 5101.271 of the Revised Code may~~	98508
~~include a provision specifically authorizing the release of the~~	98509
~~recipient's electronic health records, if any, in accordance with~~	98510
~~rules the director of job and family services adopts under section~~	98511
~~5101.30 of the Revised Code.~~	98512

~~(C)~~ When an individual requests information pursuant to	98513
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	98514
individual's receipt of public assistance ~~or medical assistance~~	98515
and does not wish to provide a statement of purpose, the statement	98516
"at request of the individual" is a sufficient description for	98517
purposes of division (A)(4) of this section.	98518

Sec. 5101.273. The department of job and family services	98519
shall enter into any necessary agreements with the United States	98520
department of health and human services and neighboring states to	98521
join and participate as an active member in the public assistance	98522
reporting information system. The department may disclose	98523
information regarding a public assistance recipient ~~or medical~~	98524
~~assistance recipient~~ to the extent necessary to participate as an	98525
active member in the public assistance reporting information	98526
system.	98527

Sec. 5101.30. (A) The director of job and family services	98528
shall adopt rules in accordance with Chapter 119. of the Revised	98529
Code implementing sections 5101.26 to 5101.30 of the Revised Code	98530
and governing the custody, use, disclosure, and preservation of	98531
the information generated or received by the department of job and	98532
family services, county agencies, other state and county entities,	98533
contractors, grantees, private entities, or officials	98534
participating in the administration of public assistance or	98535
~~medical assistance~~ programs. The rules shall comply with	98536
applicable federal statutes and regulations.	98537

(1) The rules shall specify conditions and procedures for the	98538
release of information which may include, among other conditions	98539
and procedures, both of the following:	98540

(a) Permitting providers of services or assistance under	98541
public assistance programs limited access to information that is	98542
essential for the providers to render services or assistance or to	98543
bill for services or assistance rendered. The department of aging,	98544
when investigating a complaint under section 173.20 of the Revised	98545
Code, shall be granted any limited access permitted in the rules	98546
pursuant to division (A)(1) of this section.	98547

(b) Permitting a contractor, grantee, or other state or	98548
county entity limited access to information that is essential for	98549
the contractor, grantee, or entity to perform administrative or	98550
other duties on behalf of the department or county agency. A	98551
contractor, grantee, or entity given access to information	98552
pursuant to division (A)(2) of this section is bound by the	98553
director's rules, and disclosure of the information by the	98554
contractor, grantee, or entity in a manner not authorized by the	98555
rules is a violation of section 5101.27 of the Revised Code.	98556

(2) The rules may define who is an "authorized	98557
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	98558
5101.272 of the Revised Code.	98559

(B) Whenever names, addresses, or other information relating	98560
to public assistance recipients is held by any agency other than	98561
the department or a county agency, that other agency shall adopt	98562
rules consistent with sections 5101.26 to 5101.30 of the Revised	98563
Code to prevent the publication or disclosure of names, lists, or	98564
other information concerning those recipients.	98565

Sec. 5101.34. (A) There is hereby created in the department	98566
of job and family services the Ohio commission on fatherhood. The	98567
commission shall consist of the following members:	98568

(1)(a) Four members of the house of representatives appointed	98569
by the speaker of the house, not more than two of whom are members	98570
of the same political party. Two of the members must be from	98571
legislative districts that include a county or part of a county	98572
that is among the one-third of counties in this state with the	98573
highest number per capita of households headed by females.	98574

(b) Two members of the senate appointed by the president of	98575
the senate, each from a different political party. One of the	98576
members must be from a legislative district that includes a county	98577
or part of a county that is among the one-third of counties in	98578
this state with the highest number per capita of households headed	98579
by females.	98580

(2) The governor, or the governor's designee;

98581

(3) One representative of the judicial branch of government	98582
appointed by the chief justice of the supreme court;	98583

(4) The directors of health, job and family services,	98584
rehabilitation and correction, ~~alcohol and drug addiction services~~	98585
mental health and addiction services, and youth services and the	98586
superintendent of public instruction, or their designees;	98587

(5) One representative of the Ohio family and children first	98588
cabinet council created under section 121.37 of the Revised Code	98589
appointed by the chairperson of the council;	98590

(6) Five representatives of the general public appointed by	98591
the governor. These members shall have extensive experience in	98592
issues related to fatherhood.	98593

(B) The appointing authorities of the Ohio commission on	98594
fatherhood shall make initial appointments to the commission	98595
within thirty days after September 29, 1999. Of the initial	98596
appointments to the commission made pursuant to divisions (A)(3),	98597
(5), and (6) of this section, three of the members shall serve a	98598
term of one year and four shall serve a term of two years. Members	98599
so appointed subsequently shall serve two-year terms. A member	98600
appointed pursuant to division (A)(1) of this section shall serve	98601
on the commission until the end of the general assembly from which	98602
the member was appointed or until the member ceases to serve in	98603
the chamber of the general assembly in which the member serves at	98604
the time of appointment, whichever occurs first. The governor or	98605
the governor's designee shall serve on the commission until the	98606
governor ceases to be governor. The directors and superintendent	98607
or their designees shall serve on the commission until they cease,	98608
or the director or superintendent a designee represents ceases, to	98609
be director or superintendent. Each member shall serve on the	98610
commission from the date of appointment until the end of the term	98611
for which the member was appointed. Members may be reappointed.	98612

Vacancies shall be filled in the manner provided for original	98613
appointments. Any member appointed to fill a vacancy occurring	98614
prior to the expiration date of the term for which the member's	98615
predecessor was appointed shall serve on the commission for the	98616
remainder of that term. A member shall continue to serve on the	98617
commission subsequent to the expiration date of the member's term	98618
until the member's successor is appointed or until a period of	98619
sixty days has elapsed, whichever occurs first. Members shall	98620
serve without compensation but shall be reimbursed for necessary	98621
expenses.	98622

Sec. 5101.35. (A) As used in this section:

98623

(1)(a) "Agency" means the following entities that administer	98624
a family services program:	98625

~~(a)~~(i) The department of job and family services;

98626

~~(b)~~(ii) A county department of job and family services;

98627

~~(c)~~(iii) A public children services agency;

98628

~~(d)~~(iv) A private or government entity administering, in	98629
whole or in part, a family services program for or on behalf of	98630
the department of job and family services or a county department	98631
of job and family services or public children services agency.	98632

(b) If the department of medicaid contracts with the	98633
department of job and family services to hear appeals authorized	98634
by section 5160.31 of the Revised Code regarding medical	98635
assistance programs, "agency" includes the department of medicaid.	98636

(2) "Appellant" means an applicant, participant, former	98637
participant, recipient, or former recipient of a family services	98638
program who is entitled by federal or state law to a hearing	98639
regarding a decision or order of the agency that administers the	98640
program.	98641

(3)(a) "Family services program" means ~~assistance provided~~	98642
~~under a~~all of the following:	98643

(i) A Title IV-A program as defined in section 5101.80 of the	98644
Revised Code or;	98645

(ii) Programs that provide assistance under Chapter 5104.,	98646
~~5111.,~~ or 5115. orof the Revised Code;	98647

(iii) Programs that provide assistance under section ~~5119.69,~~	98648
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	98649
5153.165 of the Revised Code,;	98650

(iv) Title XX social services provided under section 5101.46	98651
of the Revised Code, other than ~~assistance~~such services provided	98652
~~under section 5101.46 of the Revised Code~~ by the department of	98653
~~mental health~~mental health and addiction services, the department	98654
of developmental disabilities, a board of alcohol, drug addiction,	98655
and mental health services, or a county board of developmental	98656
disabilities.	98657

(b) If the department of medicaid contracts with the	98658
department of job and family services to hear appeals authorized	98659
by section 5160.31 of the Revised Code regarding medical	98660
assistance programs, "family services program" includes medical	98661
assistance programs.	98662

(4) "Medical assistance program" has the same meaning as in	98663
section 5160.01 of the Revised Code.	98664

(B) Except as provided by divisions (G) and (H) of this	98665
section, an appellant who appeals under federal or state law a	98666
decision or order of an agency administering a family services	98667
program shall, at the appellant's request, be granted a state	98668
hearing by the department of job and family services. This state	98669
hearing shall be conducted in accordance with rules adopted under	98670
this section. The state hearing shall be recorded, but neither the	98671
recording nor a transcript of the recording shall be part of the	98672
official record of the proceeding. AExcept as provided in section	98673
5160.31 of the Revised Code, a state hearing decision is binding	98674
upon the agency and department, unless it is reversed or modified	98675
on appeal to the director of job and family services or a court of	98676
common pleas.	98677

(C) Except as provided by division (G) of this section, an	98678
appellant who disagrees with a state hearing decision may make an	98679
administrative appeal to the director of job and family services	98680
in accordance with rules adopted under this section. This	98681
administrative appeal does not require a hearing, but the director	98682
or the director's designee shall review the state hearing decision	98683
and previous administrative action and may affirm, modify, remand,	98684
or reverse the state hearing decision. An administrative appeal	98685
decision is the final decision of the department and, except as	98686
provided in section 5160.31 of the Revised Code, is binding upon	98687
the department and agency, unless it is reversed or modified on	98688
appeal to the court of common pleas.	98689

(D) An agency shall comply with a decision issued pursuant to	98690
division (B) or (C) of this section within the time limits	98691
established by rules adopted under this section. If a county	98692
department of job and family services or a public children	98693
services agency fails to comply within these time limits, the	98694
department may take action pursuant to section 5101.24 of the	98695
Revised Code. If another agency, other than the department of	98696
medicaid, fails to comply within the time limits, the department	98697
may force compliance by withholding funds due the agency or	98698
imposing another sanction established by rules adopted under this	98699
section.	98700

(E) An appellant who disagrees with an administrative appeal	98701
decision of the director of job and family services or the	98702
director's designee issued under division (C) of this section may	98703
appeal from the decision to the court of common pleas pursuant to	98704
section 119.12 of the Revised Code. The appeal shall be governed	98705
by section 119.12 of the Revised Code except that:	98706

(1) The person may appeal to the court of common pleas of the	98707
county in which the person resides, or to the court of common	98708
pleas of Franklin county if the person does not reside in this	98709
state.	98710

(2) The person may apply to the court for designation as an	98711
indigent and, if the court grants this application, the appellant	98712
shall not be required to furnish the costs of the appeal.	98713

(3) The appellant shall mail the notice of appeal to the	98714
department of job and family services and file notice of appeal	98715
with the court within thirty days after the department mails the	98716
administrative appeal decision to the appellant. For good cause	98717
shown, the court may extend the time for mailing and filing notice	98718
of appeal, but such time shall not exceed six months from the date	98719
the department mails the administrative appeal decision. Filing	98720
notice of appeal with the court shall be the only act necessary to	98721
vest jurisdiction in the court.	98722

(4) The department shall be required to file a transcript of	98723
the testimony of the state hearing with the court only if the	98724
court orders the department to file the transcript. The court	98725
shall make such an order only if it finds that the department and	98726
the appellant are unable to stipulate to the facts of the case and	98727
that the transcript is essential to a determination of the appeal.	98728
The department shall file the transcript not later than thirty	98729
days after the day such an order is issued.	98730

(F) The department of job and family services shall adopt	98731
rules in accordance with Chapter 119. of the Revised Code to	98732
implement this section, including rules governing the following:	98733

(1) State hearings under division (B) of this section. The	98734
rules shall include provisions regarding notice of eligibility	98735
termination and the opportunity of an appellant appealing a	98736
decision or order of a county department of job and family	98737
services to request a county conference with the county department	98738
before the state hearing is held.	98739

(2) Administrative appeals under division (C) of this	98740
section;	98741

(3) Time limits for complying with a decision issued under	98742
division (B) or (C) of this section;	98743

(4) Sanctions that may be applied against an agency under	98744
division (D) of this section.	98745

(G) The department of job and family services may adopt rules	98746
in accordance with Chapter 119. of the Revised Code establishing	98747
an appeals process for an appellant who appeals a decision or	98748
order regarding a Title IV-A program identified under division	98749
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	98750
Revised Code that is different from the appeals process	98751
established by this section. The different appeals process may	98752
include having a state agency that administers the Title IV-A	98753
program pursuant to an interagency agreement entered into under	98754
section 5101.801 of the Revised Code administer the appeals	98755
process.	98756

(H) If an appellant receiving medicaid through a health	98757
insuring corporation that holds a certificate of authority under	98758
Chapter 1751. of the Revised Code is appealing a denial of	98759
medicaid services based on lack of medical necessity or other	98760
clinical issues regarding coverage by the health insuring	98761
corporation, the person hearing the appeal may order an	98762
independent medical review if that person determines that a review	98763
is necessary. The review shall be performed by a health care	98764
professional with appropriate clinical expertise in treating the	98765
recipient's condition or disease. The department shall pay the	98766
costs associated with the review.	98767

A review ordered under this division shall be part of the	98768
record of the hearing and shall be given appropriate evidentiary	98769
consideration by the person hearing the appeal.	98770

(I) The requirements of Chapter 119. of the Revised Code	98771
apply to a state hearing or administrative appeal under this	98772
section only to the extent, if any, specifically provided by rules	98773
adopted under this section.	98774

Sec. 5101.36. Any application for public assistance gives a	98775
right of subrogation to the department of job and family services	98776
for any workers' compensation benefits payable to a person who is	98777
subject to a support order, as defined in section 3119.01 of the	98778
Revised Code, on behalf of the applicant, to the extent of any	98779
public assistance payments made on the applicant's behalf. If the	98780
director of job and family services, in consultation with a child	98781
support enforcement agency and the administrator of the bureau of	98782
workers' compensation, determines that a person responsible for	98783
support payments to a recipient of public assistance is receiving	98784
workers' compensation, the director shall notify the administrator	98785
of the amount of the benefit to be paid to the department of job	98786
and family services.	98787

For purposes of this section, "public assistance" means	98788
~~medical assistance provided through the medical assistance program~~	98789
~~established under section 5111.01 of the Revised Code;~~ Ohio works	98790
first provided under Chapter 5107. of the Revised Code;	98791
prevention, retention, and contingency benefits and services	98792
provided under Chapter 5108. of the Revised Code; or disability	98793
financial assistance provided under Chapter 5115. of the Revised	98794
Code.	98795

Sec. 5101.46. (A) As used in this section:

98796

(1) "Title XX" means Title XX of the "Social Security Act,"	98797
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	98798

(2) "Respective local agency" means, with respect to the	98799
department of job and family services, a county department of job	98800
and family services; with respect to the department of ~~mental~~	98801
~~health~~mental health and addiction services, a board of alcohol,	98802
drug addiction, and mental health services; and with respect to	98803
the department of developmental disabilities, a county board of	98804
developmental disabilities.	98805

(3) "Federal poverty guidelines" means the poverty guidelines	98806
as revised annually by the United States department of health and	98807
human services in accordance with section 673(2) of the "Omnibus	98808
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	98809
9902, as amended, for a family size equal to the size of the	98810
family of the person whose income is being determined.	98811

(B) The departments of job and family services, mental	98812
health, and developmental disabilities, with their respective	98813
local agencies, shall administer the provision of social services	98814
funded through grants made under Title XX. The social services	98815
furnished with Title XX funds shall be directed at the following	98816
goals:	98817

(1) Achieving or maintaining economic self-support to	98818
prevent, reduce, or eliminate dependency;	98819

(2) Achieving or maintaining self-sufficiency, including	98820
reduction or prevention of dependency;	98821

(3) Preventing or remedying neglect, abuse, or exploitation	98822
of children and adults unable to protect their own interests, or	98823
preserving, rehabilitating, or reuniting families;	98824

(4) Preventing or reducing inappropriate institutional care	98825
by providing for community-based care, home-based care, or other	98826
forms of less intensive care;	98827

(5) Securing referral or admission for institutional care	98828
when other forms of care are not appropriate, or providing	98829
services to individuals in institutions.	98830

(C)(1) All federal funds received under Title XX shall be	98831
appropriated as follows:	98832

(a) Seventy-two and one-half per cent to the department of	98833
job and family services;	98834

(b) Twelve and ninety-three one-hundredths per cent to the	98835
department of ~~mental health~~mental health and addiction services;	98836

(c) Fourteen and fifty-seven one-hundredths per cent to the	98837
department of developmental disabilities.	98838

(2) Each of the state departments shall, subject to the	98839
approval of the controlling board, develop a formula for the	98840
distribution of the Title XX funds appropriated to the department	98841
to its respective local agencies. The formula developed by each	98842
state department shall take into account all of the following for	98843
each of its respective local agencies:	98844

(a) The total population of the area that is served by the	98845
respective local agency;	98846

(b) The percentage of the population in the area served that	98847
falls below the federal poverty guidelines;	98848

(c) The respective local agency's history of and ability to	98849
utilize Title XX funds.	98850

(3) Each of the state departments shall expend for state	98851
administrative costs not more than three per cent of the Title XX	98852
funds appropriated to the department.	98853

Each state department shall establish for each of its	98854
respective local agencies the maximum percentage of the Title XX	98855
funds distributed to the respective local agency that the	98856
respective local agency may expend for local administrative costs.	98857
The percentage shall be established by rule and shall comply with	98858
federal law governing the use of Title XX funds. The rules shall	98859
be adopted in accordance with section 111.15 of the Revised Code	98860
as if they were internal management rules.	98861

(4) The department of job and family services shall expend	98862
for the training of the following not more than two per cent of	98863
the Title XX funds appropriated to the department:	98864

(a) Employees of county departments of job and family	98865
services;	98866

(b) Providers of services under contract with the state	98867
departments' respective local agencies;	98868

(c) Employees of a public children services agency directly	98869
engaged in providing Title XX services.	98870

(5) Title XX funds distributed for the purpose of providing	98871
family planning services shall be distributed by the respective	98872
local agencies according to the same order of priority that	98873
applies to the department of job and family services under section	98874
5101.101 of the Revised Code.	98875

(D) The department of job and family services shall prepare	98876
an annual comprehensive Title XX social services plan on the	98877
intended use of Title XX funds. The department shall develop a	98878
method for obtaining public comment during the development of the	98879
plan and following its completion.	98880

For each federal fiscal year, the department of job and	98881
family services shall prepare a report on the actual use of Title	98882
XX funds. The department shall make the annual report available	98883
for public inspection.	98884

The departments of ~~mental health~~mental health and addiction	98885
services and developmental disabilities shall prepare and submit	98886
to the department of job and family services the portions of each	98887
annual plan and report that apply to services for mental health	98888
and mental retardation and developmental disabilities. Each	98889
respective local agency of the three state departments shall	98890
submit information as necessary for the preparation of annual	98891
plans and reports.	98892

(E) Each county department of job and family services shall	98893
adopt a county profile for the administration and provision of	98894
Title XX social services in the county. In developing its county	98895
profile, the county department shall take into consideration the	98896
comments and recommendations received from the public by the	98897
county family services planning committee pursuant to section	98898
329.06 of the Revised Code. As part of its preparation of the	98899
county profile, the county department may prepare a local needs	98900
report analyzing the need for Title XX social services.	98901

The county department shall submit the county profile to the	98902
board of county commissioners for its review. Once the county	98903
profile has been approved by the board, the county department	98904
shall file a copy of the county profile with the department of job	98905
and family services. The department shall approve the county	98906
profile if the department determines the profile provides for the	98907
Title XX social services to meet the goals specified in division	98908
(B) of this section.	98909

(F) Any of the three state departments and their respective	98910
local agencies may require that an entity under contract to	98911
provide social services with Title XX funds submit to an audit on	98912
the basis of alleged misuse or improper accounting of funds. If an	98913
audit is required, the social services provider shall reimburse	98914
the state department or respective local agency for the cost it	98915
incurred in conducting the audit or having the audit conducted.	98916

If an audit demonstrates that a social services provider is	98917
responsible for one or more adverse findings, the provider shall	98918
reimburse the appropriate state department or its respective local	98919
agency the amount of the adverse findings. The amount shall not be	98920
reimbursed with Title XX funds received under this section. The	98921
three state departments and their respective local agencies may	98922
terminate or refuse to enter into a Title XX contract with a	98923
social services provider if there are adverse findings in an audit	98924
that are the responsibility of the provider.	98925

(G) Except with respect to the matters for which each of the	98926
state departments must adopt rules under division (C)(3) of this	98927
section, the department of job and family services may adopt any	98928
rules it considers necessary to implement and carry out the	98929
purposes of this section. Rules governing financial and	98930
operational matters of the department or matters between the	98931
department and county departments of job and family services shall	98932
be adopted as internal management rules in accordance with section	98933
111.15 of the Revised Code. Rules governing eligibility for	98934
services, program participation, and other matters pertaining to	98935
applicants and participants shall be adopted in accordance with	98936
Chapter 119. of the Revised Code.	98937

Sec. 5101.461. (A) As used in this section:

98938

(1) "Title IV-A" means Title IV-A of the "Social Security	98939
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	98940

(2) "Title XX" has the same meaning as in section 5101.46 of	98941
the Revised Code.	98942

(B) To the extent authorized by federal law, the department	98943
of job and family services may use funds received through the	98944
Title IV-A temporary assistance for needy families block grant for	98945
purposes of providing Title XX social services. The amount used	98946
under this section shall not exceed the maximum amount permitted	98947
by federal law. The funds and provision of Title XX social	98948
services with the funds are not subject to section 5101.46 of the	98949
Revised Code.	98950

Funds distributed under this section for the purpose of	98951
providing family planning services shall be distributed by a	98952
county department of job and family services according to the same	98953
order of priority that applies to the department of job and family	98954
services under section 5101.101 of the Revised Code.	98955

(C) The department and any county department of job and	98956
family services may require an entity under contract to provide	98957
Title XX social services with funds used under this section to	98958
submit to an audit on the basis of alleged misuse or improper	98959
accounting of funds. If an audit is required, the social services	98960
provider shall reimburse the state department or county department	98961
for the cost it incurred in conducting the audit or having the	98962
audit conducted.	98963

If an audit demonstrates that a social services provider is	98964
responsible for one or more adverse findings, the provider shall	98965
reimburse the state department or county department the amount of	98966
the adverse findings. The amount shall not be reimbursed with	98967
funds received under this section. The state department and county	98968
departments may terminate or refuse to enter into a contract with	98969
a social services provider to provide services with funds	98970
available pursuant to this section if there are adverse findings	98971
in an audit that are the responsibility of the provider.	98972

(D) The state department of job and family services may adopt	98973
rules to implement and carry out the purposes of this section.	98974
Rules governing financial and operational matters of the	98975
department or matters between the department and county	98976
departments of job and family services shall be adopted as	98977
internal management rules in accordance with section 111.15 of the	98978
Revised Code. Rules governing eligibility for services, program	98979
participation, and other matters pertaining to applicants and	98980
participants shall be adopted in accordance with Chapter 119. of	98981
the Revised Code.	98982

Sec. 5101.47. (A) Except as provided in divisions (B) and	98983
(C) of this section, the department of job and family services may	98984
accept applications, determine eligibility, redetermine	98985
eligibility, and perform related administrative activities for one	98986
or more of the following:	98987

(1) ~~The medicaid program established by Chapter 5111. of the~~	98988
~~Revised Code;~~	98989

~~(2) The children's health insurance program parts I, II, and~~	98990
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	98991
~~Code;~~	98992

~~(3)~~ Publicly funded child care provided under Chapter 5104.	98993
of the Revised Code;	98994

~~(4)~~(2) The supplemental nutrition assistance program	98995
administered by the department pursuant to section 5101.54 of the	98996
Revised Code;	98997

~~(5)~~(3) Other programs administered by the department that the	98998
director of job and family services determines are supportive of	98999
children, adults, or families;	99000

~~(6)~~(4) Other programs administered by the department	99001
regarding which the director determines administrative cost	99002
savings and efficiency may be achieved through the department	99003
accepting applications, determining eligibility, redetermining	99004
eligibility, or performing related administrative activities.	99005

(B) ~~To the extent permitted by federal law, the department~~	99006
~~may enter into agreements with one or more other state agencies,~~	99007
~~local government entities, or political subdivisions to accept~~	99008
~~applications, determine eligibility, redetermine eligibility, and~~	99009
~~perform related administrative activities on behalf of the~~	99010
~~department with respect to the medicaid program and the children's~~	99011
~~health insurance program.~~	99012

~~(C)~~ If federal law requires a face-to-face interview to	99013
complete an eligibility determination for a program specified in	99014
or pursuant to division (A) of this section, the face-to-face	99015
interview shall not be conducted by the department of job and	99016
family services.	99017

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	99018
department elects to accept applications, determine eligibility,	99019
redetermine eligibility, and perform related administrative	99020
activities for a program specified in or pursuant to division (A)	99021
of this section, both of the following apply:	99022

(1) An individual seeking services under the program may	99023
apply for the program to the department or to the entity that	99024
state law governing the program authorizes to accept applications	99025
for the program.	99026

(2) The department is subject to federal statutes and	99027
regulations and state statutes and rules that require, permit, or	99028
prohibit an action regarding accepting applications, determining	99029
or redetermining eligibility, and performing related	99030
administrative activities for the program.	99031

~~(E)~~(D) The director may adopt rules as necessary to implement	99032
this section.	99033

Sec. 5101.49. The department of job and family services	99034
shall administer funds received under the "Refugee Act of 1980,"	99035
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	99036
funds, the department may establish a refugee cash assistance	99037
program and a state legalization impact assistance program. The	99038
director of job and family services may adopt rules in accordance	99039
with section 111.15 of the Revised Code and issue appropriate	99040
orders as necessary for administration of these funds and	99041
programs.	99042

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	99043
Revised Code:	99044

(A) "Abuse" means the infliction upon an adult by self or	99045
others of injury, unreasonable confinement, intimidation, or cruel	99046
punishment with resulting physical harm, pain, or mental anguish.	99047

(B) "Adult" means any person sixty years of age or older	99048
within this state who is handicapped by the infirmities of aging	99049
or who has a physical or mental impairment which prevents the	99050
person from providing for the person's own care or protection, and	99051
who resides in an independent living arrangement. An "independent	99052
living arrangement" is a domicile of a person's own choosing,	99053
including, but not limited to, a private home, apartment, trailer,	99054
or rooming house. An "independent living arrangement" includes a	99055
residential facility licensed under section ~~5119.22~~5119.34 of the	99056
Revised Code that provides accommodations, supervision, and	99057
personal care services for three to sixteen unrelated adults, but	99058
does not include other institutions or facilities licensed by the	99059
state or facilities in which a person resides as a result of	99060
voluntary, civil, or criminal commitment.	99061

(C) "Caretaker" means the person assuming the responsibility	99062
for the care of an adult on a voluntary basis, by contract,	99063
through receipt of payment for care, as a result of a family	99064
relationship, or by order of a court of competent jurisdiction.	99065

(D) "Court" means the probate court in the county where an	99066
adult resides.	99067

(E) "Emergency" means that the adult is living in conditions	99068
which present a substantial risk of immediate and irreparable	99069
physical harm or death to self or any other person.	99070

(F) "Emergency services" means protective services furnished	99071
to an adult in an emergency.	99072

(G) "Exploitation" means the unlawful or improper act of a	99073
caretaker using an adult or an adult's resources for monetary or	99074
personal benefit, profit, or gain.	99075

(H) "In need of protective services" means an adult known or	99076
suspected to be suffering from abuse, neglect, or exploitation to	99077
an extent that either life is endangered or physical harm, mental	99078
anguish, or mental illness results or is likely to result.	99079

(I) "Incapacitated person" means a person who is impaired for	99080
any reason to the extent that the person lacks sufficient	99081
understanding or capacity to make and carry out reasonable	99082
decisions concerning the person's self or resources, with or	99083
without the assistance of a caretaker. Refusal to consent to the	99084
provision of services shall not be the sole determinative that the	99085
person is incapacitated. "Reasonable decisions" are decisions made	99086
in daily living which facilitate the provision of food, shelter,	99087
clothing, and health care necessary for life support.	99088

(J) "Mental illness" means a substantial disorder of thought,	99089
mood, perception, orientation, or memory that grossly impairs	99090
judgment, behavior, capacity to recognize reality, or ability to	99091
meet the ordinary demands of life.	99092

(K) "Neglect" means the failure of an adult to provide for	99093
self the goods or services necessary to avoid physical harm,	99094
mental anguish, or mental illness or the failure of a caretaker to	99095
provide such goods or services.	99096

(L) "Peace officer" means a peace officer as defined in	99097
section 2935.01 of the Revised Code.	99098

(M) "Physical harm" means bodily pain, injury, impairment, or	99099
disease suffered by an adult.	99100

(N) "Protective services" means services provided by the	99101
county department of job and family services or its designated	99102
agency to an adult who has been determined by evaluation to	99103
require such services for the prevention, correction, or	99104
discontinuance of an act of as well as conditions resulting from	99105
abuse, neglect, or exploitation. Protective services may include,	99106
but are not limited to, case work services, medical care, mental	99107
health services, legal services, fiscal management, home health	99108
care, homemaker services, housing-related services, guardianship	99109
services, and placement services as well as the provision of such	99110
commodities as food, clothing, and shelter.	99111

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	99112
and Friday, except when such day is a holiday as defined in	99113
section 1.14 of the Revised Code.	99114

Sec. 5101.61. (A) As used in this section:

99115

(1) "Senior service provider" means any person who provides	99116
care or services to a person who is an adult as defined in	99117
division (B) of section 5101.60 of the Revised Code.	99118

(2) "Ambulatory health facility" means a nonprofit, public or	99119
proprietary freestanding organization or a unit of such an agency	99120
or organization that:	99121

(a) Provides preventive, diagnostic, therapeutic,	99122
rehabilitative, or palliative items or services furnished to an	99123
outpatient or ambulatory patient, by or under the direction of a	99124
physician or dentist in a facility which is not a part of a	99125
hospital, but which is organized and operated to provide medical	99126
care to outpatients;	99127

(b) Has health and medical care policies which are developed	99128
with the advice of, and with the provision of review of such	99129
policies, an advisory committee of professional personnel,	99130
including one or more physicians, one or more dentists, if dental	99131
care is provided, and one or more registered nurses;	99132

(c) Has a medical director, a dental director, if dental care	99133
is provided, and a nursing director responsible for the execution	99134
of such policies, and has physicians, dentists, nursing, and	99135
ancillary staff appropriate to the scope of services provided;	99136

(d) Requires that the health care and medical care of every	99137
patient be under the supervision of a physician, provides for	99138
medical care in a case of emergency, has in effect a written	99139
agreement with one or more hospitals and other centers or clinics,	99140
and has an established patient referral system to other resources,	99141
and a utilization review plan and program;	99142

(e) Maintains clinical records on all patients;

99143

(f) Provides nursing services and other therapeutic services	99144
in accordance with programs and policies, with such services	99145
supervised by a registered professional nurse, and has a	99146
registered professional nurse on duty at all times of clinical	99147
operations;	99148

(g) Provides approved methods and procedures for the	99149
dispensing and administration of drugs and biologicals;	99150

(h) Has established an accounting and record keeping system	99151
to determine reasonable and allowable costs;	99152

(i) "Ambulatory health facilities" also includes an	99153
alcoholism treatment facility approved by the joint commission on	99154
accreditation of healthcare organizations as an alcoholism	99155
treatment facility or certified by the department of ~~alcohol and~~	99156
~~drug addiction services~~mental health and addiction services, and	99157
such facility shall comply with other provisions of this division	99158
not inconsistent with such accreditation or certification.	99159

(3) "Community mental health facility" means a facility which	99160
provides community mental health services and is included in the	99161
comprehensive mental health plan for the alcohol, drug addiction,	99162
and mental health service district in which it is located.	99163

(4) "Community mental health service" means services, other	99164
than inpatient services, provided by a community mental health	99165
facility.	99166

(5) "Home health agency" means an institution or a distinct	99167
part of an institution operated in this state which:	99168

(a) Is primarily engaged in providing home health services;

99169

(b) Has home health policies which are established by a group	99170
of professional personnel, including one or more duly licensed	99171
doctors of medicine or osteopathy and one or more registered	99172
professional nurses, to govern the home health services it	99173
provides and which includes a requirement that every patient must	99174
be under the care of a duly licensed doctor of medicine or	99175
osteopathy;	99176

(c) Is under the supervision of a duly licensed doctor of	99177
medicine or doctor of osteopathy or a registered professional	99178
nurse who is responsible for the execution of such home health	99179
policies;	99180

(d) Maintains comprehensive records on all patients;

99181

(e) Is operated by the state, a political subdivision, or an	99182
agency of either, or is operated not for profit in this state and	99183
is licensed or registered, if required, pursuant to law by the	99184
appropriate department of the state, county, or municipality in	99185
which it furnishes services; or is operated for profit in this	99186
state, meets all the requirements specified in divisions (A)(5)(a)	99187
to (d) of this section, and is certified under Title XVIII of the	99188
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	99189
amended.	99190

(6) "Home health service" means the following items and	99191
services, provided, except as provided in division (A)(6)(g) of	99192
this section, on a visiting basis in a place of residence used as	99193
the patient's home:	99194

(a) Nursing care provided by or under the supervision of a	99195
registered professional nurse;	99196

(b) Physical, occupational, or speech therapy ordered by the	99197
patient's attending physician;	99198

(c) Medical social services performed by or under the	99199
supervision of a qualified medical or psychiatric social worker	99200
and under the direction of the patient's attending physician;	99201

(d) Personal health care of the patient performed by aides in	99202
accordance with the orders of a doctor of medicine or osteopathy	99203
and under the supervision of a registered professional nurse;	99204

(e) Medical supplies and the use of medical appliances;

99205

(f) Medical services of interns and residents-in-training	99206
under an approved teaching program of a nonprofit hospital and	99207
under the direction and supervision of the patient's attending	99208
physician;	99209

(g) Any of the foregoing items and services which:

99210

(i) Are provided on an outpatient basis under arrangements	99211
made by the home health agency at a hospital or skilled nursing	99212
facility;	99213

(ii) Involve the use of equipment of such a nature that the	99214
items and services cannot readily be made available to the patient	99215
in the patient's place of residence, or which are furnished at the	99216
hospital or skilled nursing facility while the patient is there to	99217
receive any item or service involving the use of such equipment.	99218

Any attorney, physician, osteopath, podiatrist, chiropractor,	99219
dentist, psychologist, any employee of a hospital as defined in	99220
section 3701.01 of the Revised Code, any nurse licensed under	99221
Chapter 4723. of the Revised Code, any employee of an ambulatory	99222
health facility, any employee of a home health agency, any	99223
employee of a residential facility licensed under section ~~5119.22~~	99224
5119.34 of the Revised Code that provides accommodations,	99225
supervision, and personal care services for three to sixteen	99226
unrelated adults, any employee of a nursing home, residential care	99227
facility, or home for the aging, as defined in section 3721.01 of	99228
the Revised Code, any senior service provider, any peace officer,	99229
coroner, member of the clergy, any employee of a community mental	99230
health facility, and any person engaged in social work or	99231
counseling having reasonable cause to believe that an adult is	99232
being abused, neglected, or exploited, or is in a condition which	99233
is the result of abuse, neglect, or exploitation shall immediately	99234
report such belief to the county department of job and family	99235
services. This section does not apply to employees of any hospital	99236
or public hospital as defined in section 5122.01 of the Revised	99237
Code.	99238

(B) Any person having reasonable cause to believe that an	99239
adult has suffered abuse, neglect, or exploitation may report, or	99240
cause reports to be made of such belief to the department.	99241

(C) The reports made under this section shall be made orally	99242
or in writing except that oral reports shall be followed by a	99243
written report if a written report is requested by the department.	99244
Written reports shall include:	99245

(1) The name, address, and approximate age of the adult who	99246
is the subject of the report;	99247

(2) The name and address of the individual responsible for	99248
the adult's care, if any individual is, and if the individual is	99249
known;	99250

(3) The nature and extent of the alleged abuse, neglect, or	99251
exploitation of the adult;	99252

(4) The basis of the reporter's belief that the adult has	99253
been abused, neglected, or exploited.	99254

(D) Any person with reasonable cause to believe that an adult	99255
is suffering abuse, neglect, or exploitation who makes a report	99256
pursuant to this section or who testifies in any administrative or	99257
judicial proceeding arising from such a report, or any employee of	99258
the state or any of its subdivisions who is discharging	99259
responsibilities under section 5101.62 of the Revised Code shall	99260
be immune from civil or criminal liability on account of such	99261
investigation, report, or testimony, except liability for perjury,	99262
unless the person has acted in bad faith or with malicious	99263
purpose.	99264

(E) No employer or any other person with the authority to do	99265
so shall discharge, demote, transfer, prepare a negative work	99266
performance evaluation, or reduce benefits, pay, or work	99267
privileges, or take any other action detrimental to an employee or	99268
in any way retaliate against an employee as a result of the	99269
employee's having filed a report under this section.	99270

(F) Neither the written or oral report provided for in this	99271
section nor the investigatory report provided for in section	99272
5101.62 of the Revised Code shall be considered a public record as	99273
defined in section 149.43 of the Revised Code. Information	99274
contained in the report shall upon request be made available to	99275
the adult who is the subject of the report, to agencies authorized	99276
by the department to receive information contained in the report,	99277
and to legal counsel for the adult.	99278

Sec. 5101.80. (A) As used in this section and in section	99279
5101.801 of the Revised Code:	99280

(1) "County family services agency" has the same meaning as	99281
in section 307.981 of the Revised Code.	99282

(2) "State agency" has the same meaning as in section 9.82 of	99283
the Revised Code.	99284

(3) "Title IV-A administrative agency" means both of the	99285
following:	99286

(a) A county family services agency or state agency	99287
administering a Title IV-A program under the supervision of the	99288
department of job and family services;	99289

(b) A government agency or private, not-for-profit entity	99290
administering a project funded in whole or in part with funds	99291
provided under the Title IV-A demonstration program created under	99292
section 5101.803 of the Revised Code.	99293

(4) "Title IV-A program" means all of the following that are	99294
funded in part with funds provided under the temporary assistance	99295
for needy families block grant established by Title IV-A of the	99296
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	99297
amended:	99298

(a) The Ohio works first program established under Chapter	99299
5107. of the Revised Code;	99300

(b) The prevention, retention, and contingency program	99301
established under Chapter 5108. of the Revised Code;	99302

(c) A program established by the general assembly or an	99303
executive order issued by the governor that is administered or	99304
supervised by the department of job and family services pursuant	99305
to section 5101.801 of the Revised Code;	99306

(d) The kinship permanency incentive program created under	99307
section 5101.802 of the Revised Code;	99308

(e) The Title IV-A demonstration program created under	99309
section 5101.803 of the Revised Code;	99310

(f) The Ohio parenting and pregnancy program created under	99311
section 5101.804 of the Revised Code;	99312

(g) A component of a Title IV-A program identified under	99313
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	99314
state plan prepared under division (C)(1) of this section	99315
identifies as a component.	99316

(B) The department of job and family services shall act as	99317
the single state agency to administer and supervise the	99318
administration of Title IV-A programs. The Title IV-A state plan	99319
and amendments to the plan prepared under division (C) of this	99320
section are binding on Title IV-A administrative agencies. No	99321
Title IV-A administrative agency may establish, by rule or	99322
otherwise, a policy governing a Title IV-A program that is	99323
inconsistent with a Title IV-A program policy established, in rule	99324
or otherwise, by the director of job and family services.	99325

(C) The department of job and family services shall do all of	99326
the following:	99327

(1) Prepare and submit to the United States secretary of	99328
health and human services a Title IV-A state plan for Title IV-A	99329
programs;	99330

(2) Prepare and submit to the United States secretary of	99331
health and human services amendments to the Title IV-A state plan	99332
that the department determines necessary, including amendments	99333
necessary to implement Title IV-A programs identified in divisions	99334
(A)(4)(c) to ~~(f)~~(g) of this section;	99335

(3) Prescribe forms for applications, certificates, reports,	99336
records, and accounts of Title IV-A administrative agencies, and	99337
other matters related to Title IV-A programs;	99338

(4) Make such reports, in such form and containing such	99339
information as the department may find necessary to assure the	99340
correctness and verification of such reports, regarding Title IV-A	99341
programs;	99342

(5) Require reports and information from each Title IV-A	99343
administrative agency as may be necessary or advisable regarding a	99344
Title IV-A program;	99345

(6) Afford a fair hearing in accordance with section 5101.35	99346
of the Revised Code to any applicant for, or participant or former	99347
participant of, a Title IV-A program aggrieved by a decision	99348
regarding the program;	99349

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	99350
and 5108. of the Revised Code and sections 5101.801, 5101.802, ~~and~~	99351
5101.803, and 5101.804 of the Revised Code, any sums appropriated	99352
by the general assembly for the purpose of those chapters and	99353
sections and all sums paid to the state by the secretary of the	99354
treasury of the United States as authorized by Title IV-A of the	99355
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	99356
amended;	99357

(8) Conduct investigations and audits as are necessary	99358
regarding Title IV-A programs;	99359

(9) Enter into reciprocal agreements with other states	99360
relative to the provision of Ohio works first and prevention,	99361
retention, and contingency to residents and nonresidents;	99362

(10) Contract with a private entity to conduct an independent	99363
on-going evaluation of the Ohio works first program and the	99364
prevention, retention, and contingency program. The contract must	99365
require the private entity to do all of the following:	99366

(a) Examine issues of process, practice, impact, and	99367
outcomes;	99368

(b) Study former participants of Ohio works first who have	99369
not participated in Ohio works first for at least one year to	99370
determine whether they are employed, the type of employment in	99371
which they are engaged, the amount of compensation they are	99372
receiving, whether their employer provides health insurance,	99373
whether and how often they have received benefits or services	99374
under the prevention, retention, and contingency program, and	99375
whether they are successfully self sufficient;	99376

(c) Provide the department with reports at times the	99377
department specifies.	99378

(11) Not later than the last day of each January and July,	99379
prepare a report containing information on the following:	99380

(a) Individuals exhausting the time limits for participation	99381
in Ohio works first set forth in section 5107.18 of the Revised	99382
Code.	99383

(b) Individuals who have been exempted from the time limits	99384
set forth in section 5107.18 of the Revised Code and the reasons	99385
for the exemption.	99386

(D) The department shall provide copies of the reports it	99387
receives under division (C)(10) of this section and prepares under	99388
division (C)(11) of this section to the governor, the president	99389
and minority leader of the senate, and the speaker and minority	99390
leader of the house of representatives. The department shall	99391
provide copies of the reports to any private or government entity	99392
on request.	99393

(E) An authorized representative of the department or a	99394
county family services agency or state agency administering a	99395
Title IV-A program shall have access to all records and	99396
information bearing thereon for the purposes of investigations	99397
conducted pursuant to this section. An authorized representative	99398
of a government entity or private, not-for-profit entity	99399
administering a project funded in whole or in part with funds	99400
provided under the Title IV-A demonstration program shall have	99401
access to all records and information bearing on the project for	99402
the purpose of investigations conducted pursuant to this section.	99403

Sec. 5101.801. (A) Except as otherwise provided by the law	99404
enacted by the general assembly or executive order issued by the	99405
governor establishing the Title IV-A program, a Title IV-A program	99406
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	99407
section 5101.80 of the Revised Code shall provide benefits and	99408
services that are not "assistance" as defined in 45 C.F.R.	99409
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	99410
excludes from the definition of assistance.	99411

(B)(1) Except as otherwise provided by the law enacted by the	99412
general assembly or executive order issued by the governor	99413
establishing the Title IV-A program, the department of job and	99414
family services shall do either of the following regarding a Title	99415
IV-A program identified under division (A)(4)(c), (d), (e), or	99416
(f), or (g) of section 5101.80 of the Revised Code:	99417

(a) Administer the program or supervise a county family	99418
services agency's administration of the program;	99419

(b) Enter into an interagency agreement with a state agency	99420
for the state agency to administer the program under the	99421
department's supervision.	99422

(2) The department may enter into an agreement with a	99423
government entity and, to the extent permitted by federal law, a	99424
private, not-for-profit entity for the entity to receive funding	99425
for a project under the Title IV-A demonstration program created	99426
under section 5101.803 of the Revised Code.	99427

(3) To the extent permitted by federal law, the department	99428
may enter into an agreement with a private, not-for-profit entity	99429
for the entity to receive funds under the Ohio parenting and	99430
pregnancy program created under section 5101.804 of the Revised	99431
Code.	99432

(C) The department may adopt rules governing Title IV-A	99433
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	99434
and (g) of section 5101.80 of the Revised Code. Rules governing	99435
financial and operational matters of the department or between the	99436
department and county family services agencies shall be adopted as	99437
internal management rules adopted in accordance with section	99438
111.15 of the Revised Code. All other rules shall be adopted in	99439
accordance with Chapter 119. of the Revised Code.	99440

(D) If the department enters into an agreement regarding a	99441
Title IV-A program identified under division (A)(4)(c), (e), or	99442
(f), or (g) of section 5101.80 of the Revised Code pursuant to	99443
division (B)(1)(b) or (2) of this section, the agreement shall	99444
include at least all of the following:	99445

(1) A requirement that the state agency or entity comply with	99446
the requirements for the program or project, including all of the	99447
following requirements established by federal statutes and	99448
regulations, state statutes and rules, the United States office of	99449
management and budget, and the Title IV-A state plan prepared	99450
under section 5101.80 of the Revised Code:	99451

(a) Eligibility;

99452

(b) Reports;

99453

99454

(d) Use of funds;

99455

(e) Appeals for applicants for, and recipients and former	99456
recipients of, the benefits and services;	99457

(f) Audits.

99458

(2) A complete description of all of the following:

99459

(a) The benefits and services that the program or project is	99460
to provide;	99461

(b) The methods of program or project administration;

99462

(c) The appeals process under section 5101.35 of the Revised	99463
Code for applicants for, and recipients and former recipients of,	99464
the program or project's benefits and services;	99465

(d) Other requirements that the department requires be	99466
included.	99467

(3) Procedures for the department to approve a policy,	99468
established by rule or otherwise, that the state agency or entity	99469
establishes for the program or project before the policy is	99470
established;	99471

(4) Provisions regarding how the department is to reimburse	99472
the state agency or entity for allowable expenditures under the	99473
program or project that the department approves, including all of	99474
the following:	99475

(a) Limitations on administrative costs;

99476

(b) The department, at its discretion, doing either of the	99477
following:	99478

(i) Withholding no more than five per cent of the funds that	99479
the department would otherwise provide to the state agency or	99480
entity for the program or project;	99481

(ii) Charging the state agency or entity for the costs to the	99482
department of performing, or contracting for the performance of,	99483
audits and other administrative functions associated with the	99484
program or project.	99485

(5) If the state agency or entity arranges by contract,	99486
grant, or other agreement for another entity to perform a function	99487
the state agency or entity would otherwise perform regarding the	99488
program or project, the state agency or entity's responsibilities	99489
for both of the following:	99490

(a) Ensuring that the other entity complies with the	99491
agreement between the state agency or entity and department and	99492
federal statutes and regulations and state statutes and rules	99493
governing the use of funds for the program or project;	99494

(b) Auditing the other entity in accordance with requirements	99495
established by the United States office of management and budget.	99496

(6) The state agency or entity's responsibilities regarding	99497
the prompt payment, including any interest assessed, of any	99498
adverse audit finding, final disallowance of federal funds, or	99499
other sanction or penalty imposed by the federal government,	99500
auditor of state, department, a court, or other entity regarding	99501
funds for the program or project;	99502

(7) Provisions for the department to terminate the agreement	99503
or withhold reimbursement from the state agency or entity if	99504
either of the following occur:	99505

(a) The federal government disapproves the program or project	99506
or reduces federal funds for the program or project;	99507

(b) The state agency or entity fails to comply with the terms	99508
of the agreement.	99509

(8) Provisions for both of the following:

99510

(a) The department and state agency or entity determining the	99511
performance outcomes expected for the program or project;	99512

(b) An evaluation of the program or project to determine its	99513
success in achieving the performance outcomes determined under	99514
division (D)(8)(a) of this section.	99515

(E) To the extent consistent with the law enacted by the	99516
general assembly or executive order issued by the governor	99517
establishing the Title IV-A program and subject to the approval of	99518
the director of budget and management, the director of job and	99519
family services may terminate a Title IV-A program identified	99520
under division (A)(4)(c), (d), (e), or (f), or (g) of section	99521
5101.80 of the Revised Code or reduce funding for the program if	99522
the director of job and family services determines that federal or	99523
state funds are insufficient to fund the program. If the director	99524
of budget and management approves the termination or reduction in	99525
funding for such a program, the director of job and family	99526
services shall issue instructions for the termination or funding	99527
reduction. If a Title IV-A administrative agency is administering	99528
the program, the agency is bound by the termination or funding	99529
reduction and shall comply with the director's instructions.	99530

(F) The director of job and family services may adopt	99531
internal management rules in accordance with section 111.15 of the	99532
Revised Code as necessary to implement this section. The rules are	99533
binding on each Title IV-A administrative agency.	99534

Sec. 5101.803. (A) Subject to division (E) of section	99535
5101.801 of the Revised Code, there is hereby created the Title	99536
IV-A demonstration program to provide funding for innovative and	99537
promising prevention and intervention projects that meet one or	99538
more of the four purposes of the temporary assistance for needy	99539
families block grant as specified in 42 U.S.C. 601 and are for	99540
individuals with specific and multiple barriers to achieving or	99541
maintaining self-sufficiency and personal responsibility. The	99542
department of job and family services may provide funding for such	99543
projects to government entities and, to the extent permitted by	99544
federal law, private, not-for-profit entities with which the	99545
department enters into agreements under division (B)(2) of section	99546
5101.801 of the Revised Code.	99547

In accordance with criteria the department develops, the	99548
department may solicit proposals ~~for~~from entities seeking to	99549
enter into an agreement with the department under division (B)(2)	99550
of section 5101.801 of the Revised Code. The department may enter	99551
into such agreements with entities that do both of the following:	99552

(1) Meet the proposals' criteria;

99553

(2) If the entity's proposed project does not potentially	99554
affect persons in each county of the state, provides the	99555
department evidence that the entity has notified, in writing, the	99556
county department of job and family services of each county where	99557
persons may be affected by the implementation of the project.	99558

(B) In developing the criteria, soliciting the proposals, and	99559
entering in the agreements, the department shall comply with all	99560
applicable federal and state laws, the Title IV-A state plan	99561
submitted to the United States secretary of health and human	99562
services under section 5101.80 of the Revised Code, amendments to	99563
the Title IV-A state plan submitted to the United States secretary	99564
under that section, and federal waivers the United States	99565
secretary grants.	99566

(C) The department shall begin implementation of the Title	99567
IV-A demonstration program no later than January 1, 2006.	99568

Sec. 5101.804. (A) Subject to division (E) of section	99569
5101.801 of the Revised Code, there is hereby created the Ohio	99570
parenting and pregnancy program to provide services for pregnant	99571
women and parents or other relatives caring for children twelve	99572
months of age or younger that do both of the following:	99573

(1) Promote childbirth, parenting, and alternatives to	99574
abortion;	99575

(2) Meet one or more of the four purposes of the temporary	99576
assistance for needy families block grant as specified in 42	99577
U.S.C. 601.	99578

(B) To the extent permitted by federal law, the department of	99579
job and family services may provide funds under the program to	99580
entities with which the department enters into agreements under	99581
division (B)(3) of section 5101.801 of the Revised Code. In	99582
accordance with criteria the department develops, the department	99583
may solicit proposals from entities seeking to provide services	99584
under the program. The department may enter into an agreement with	99585
an entity only if it meets all of the following conditions:	99586

(1) Is a private, not-for-profit entity;

99587

(2) Is an entity whose primary purpose is to promote	99588
childbirth, rather than abortion, through counseling and other	99589
services, including parenting and adoption support;	99590

(3) Provides services to pregnant women and parents or other	99591
relatives caring for children twelve months of age or younger,	99592
including clothing, counseling, diapers, food, furniture, health	99593
care, parenting classes, postpartum recovery, shelter, and any	99594
other supportive services, programs, or related outreach;	99595

(4) Does not charge pregnant women and parents or other	99596
relatives caring for children twelve months of age or younger a	99597
fee for any services received;	99598

(5) Is not involved in or associated with any abortion	99599
activities, including providing abortion counseling or referrals	99600
to abortion clinics, performing abortion-related medical	99601
procedures, or engaging in pro-abortion advertising;	99602

(6) Does not discriminate in its provision of services on the	99603
basis of race, religion, color, age, marital status, national	99604
origin, disability, or gender.	99605

(C) An entity that has entered into an agreement with the	99606
department under division (B)(3) of section 5101.801 of the	99607
Revised Code may enter into a subcontract with another entity	99608
under which the other entity provides all or part of the services	99609
described in division (B)(3) of this section. A subcontract may be	99610
entered into with another entity only if that entity meets all of	99611
the following conditions:	99612

(1) Is a private, not-for-profit entity;

99613

(2) Is physically and financially separate from any entity,	99614
or component of an entity, that engages in abortion activities;	99615

(3) Is not involved in or associated with any abortion	99616
activities, including providing abortion counseling or referrals	99617
to abortion clinics, performing abortion-related medical	99618
procedures, or engaging in pro-abortion advertising.	99619

(D) The director of job and family services shall adopt rules	99620
under division (C) of section 5101.801 of the Revised Code as	99621
necessary to implement the Ohio parenting and pregnancy program.	99622

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	99623
Revised Code:	99624

(A)(1) "Association" or "institution" includes ~~any~~all of the	99625
following:	99626

(a) Any incorporated or unincorporated organization, society,	99627
association, or agency, public or private, that receives or cares	99628
for children for two or more consecutive weeks, including a	99629
therapeutic wilderness camp; ~~any~~	99630

(b) Any individual, including the operator of a foster home,	99631
who, for hire, gain, or reward, receives or cares for children for	99632
two or more consecutive weeks, unless the individual is related to	99633
them by blood or marriage; ~~and any~~	99634

(c) Any individual not in the regular employ of a court, or	99635
of an institution or association certified in accordance with	99636
section 5103.03 of the Revised Code, who in any manner becomes a	99637
party to the placing of children in foster homes, unless the	99638
individual is related to such children by blood or marriage, or is	99639
the appointed guardian of such children~~; provided, that any~~.	99640

(2) "Association" or "institution" does not include any of	99641
the following:	99642

(a) Any organization, society, association, school, agency,	99643
child guidance center, detention or rehabilitation facility, or	99644
children's clinic licensed, regulated, approved, operated under	99645
the direction of, or otherwise certified by the department of	99646
education, a local board of education, the department of youth	99647
services, the department of ~~mental health~~mental health and	99648
addiction services, or the department of developmental	99649
disabilities~~, or any~~;	99650

(b) Any individual who provides care for only a single-family	99651
group, placed there by their parents or other relative having	99652
custody~~, shall not be considered as being within the purview of~~	99653
~~these sections~~.	99654

(B) "Family foster home" means a foster home that is not a	99655
specialized foster home.	99656

(C) "Foster caregiver" means a person holding a valid foster	99657
home certificate issued under section 5103.03 of the Revised Code.	99658

(D) "Foster home" means a private residence in which children	99659
are received apart from their parents, guardian, or legal	99660
custodian, by an individual reimbursed for providing the children	99661
nonsecure care, supervision, or training twenty-four hours a day.	99662
"Foster home" does not include care provided for a child in the	99663
home of a person other than the child's parent, guardian, or legal	99664
custodian while the parent, guardian, or legal custodian is	99665
temporarily away. Family foster homes and specialized foster homes	99666
are types of foster homes.	99667

(E) "Medically fragile foster home" means a foster home that	99668
provides specialized medical services designed to meet the needs	99669
of children with intensive health care needs who meet all of the	99670
following criteria:	99671

(1) Under rules adopted by the ~~department of job and family~~	99672
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	99673
~~of the Revised Code~~medicaid payments for long-term care services,	99674
the children require a skilled level of care.	99675

(2) The children require the services of a doctor of medicine	99676
or osteopathic medicine at least once a week due to the	99677
instability of their medical conditions.	99678

(3) The children require the services of a registered nurse	99679
on a daily basis.	99680

(4) The children are at risk of institutionalization in a	99681
hospital, skilled nursing facility, or intermediate care facility	99682
for ~~the mentally retarded~~individuals with intellectual	99683
disabilities.	99684

(F) "Recommending agency" means a public children services	99685
agency, private child placing agency, or private noncustodial	99686
agency that recommends that the department of job and family	99687
services take any of the following actions under section 5103.03	99688
of the Revised Code regarding a foster home:	99689

(1) Issue a certificate;

99690

(2) Deny a certificate;

99691

(3) Renew a certificate;

99692

(4) Deny renewal of a certificate;

99693

(5) Revoke a certificate.

99694

(G) "Specialized foster home" means a medically fragile	99695
foster home or a treatment foster home.	99696

(H) "Treatment foster home" means a foster home that	99697
incorporates special rehabilitative services designed to treat the	99698
specific needs of the children received in the foster home and	99699
that receives and cares for children who are emotionally or	99700
behaviorally disturbed, chemically dependent, mentally retarded,	99701
developmentally disabled, or who otherwise have exceptional needs.	99702

(I) "Therapeutic wilderness camp" means a structured,	99703
alternative residential setting for children who are experiencing	99704
emotional, behavioral, moral, social, or learning difficulties at	99705
home or school in which both of the following are the case:	99706

(1) The children spend the majority of their time, including	99707
overnight, either outdoors or in a primitive structure;	99708

(2) The children have been placed there by their parents or	99709
another relative having custody.	99710

Sec. 5103.0323. (A) As used in this section, ~~"government~~	99711
~~auditing standards" means the government auditing standards~~	99712
~~published by the comptroller general of the United States general~~	99713
~~accounting office~~"American institute of certified public	99714
accountants auditing standards" and "AICPA auditing standards"	99715
mean the auditing standards published by the American institute of	99716
certified public accountants.	99717

(B) The first time that a private child placing agency or	99718
private noncustodial agency seeks renewal of a certificate issued	99719
under section 5103.03 of the Revised Code, it shall provide the	99720
department of job and family services, as a condition of renewal,	99721
evidence of an independent financial statement audit ~~of its first~~	99722
~~year of certification, unless the auditor of state has audited the~~	99723
~~agency during that year and the audit sets forth that no money has~~	99724
~~been illegally expended, converted, misappropriated, or is~~	99725
~~unaccounted for or sets forth findings that are inconsequential,~~	99726
~~as defined by government~~performed by a licensed public accounting	99727
firm following applicable AICPA auditing standards for the most	99728
recent fiscal year. Thereafter, when an agency seeks renewal of	99729
its certificate, it shall provide the department evidence of an	99730
independent financial statement audit performed by a licensed	99731
public accounting firm following applicable AICPA auditing	99732
standards for the two most recent previous fiscal years it is	99733
possible for an independent audit to have been conducted~~, unless~~	99734
~~the auditor of state has audited the agency during those years and~~	99735
~~the audit sets forth that no money has been illegally expended,~~	99736
~~converted, misappropriated, or is unaccounted for or sets forth~~	99737
~~findings that are inconsequential, as defined by government~~	99738
~~auditing standards~~.	99739

(C) For an agency to be eligible for renewal, the independent	99740
audits must demonstrate that the agency operated in a fiscally	99741
accountable manner ~~in accordance with state laws and rules and any~~	99742
~~agreement between the agency and a public children services~~	99743
~~agency.~~	99744

~~All audits required by this section shall be conducted in~~	99745
~~accordance with generally accepted government auditing standards~~	99746
as determined by the department of job and family services.	99747

(D) The director of job and family services may adopt rules	99748
as necessary to implement this section. The director shall adopt	99749
the rules in accordance with section 111.15 of the Revised Code.	99750

Sec. 5103.13. (A) As used in this section and section	99751
5103.131 of the Revised Code:	99752

(1)(a) "Children's crisis care facility" means a facility	99753
that has as its primary purpose the provision of residential and	99754
other care to either or both of the following:	99755

(i) One or more preteens voluntarily placed in the facility	99756
by the preteen's parent or other caretaker who is facing a crisis	99757
that causes the parent or other caretaker to seek temporary care	99758
for the preteen and referral for support services;	99759

(ii) One or more preteens placed in the facility by a public	99760
children services agency or private child placing agency that has	99761
legal custody or permanent custody of the preteen and determines	99762
that an emergency situation exists necessitating the preteen's	99763
placement in the facility rather than an institution certified	99764
under section 5103.03 of the Revised Code or elsewhere.	99765

(b) "Children's crisis care facility" does not include either	99766
of the following:	99767

(i) Any organization, society, association, school, agency,	99768
child guidance center, detention or rehabilitation facility, or	99769
children's clinic licensed, regulated, approved, operated under	99770
the direction of, or otherwise certified by the department of	99771
education, a local board of education, the department of youth	99772
services, the department of ~~mental health~~mental health and	99773
addiction services, or the department of developmental	99774
disabilities;	99775

(ii) Any individual who provides care for only a	99776
single-family group, placed there by their parents or other	99777
relative having custody.	99778

(2) "Legal custody" and "permanent custody" have the same	99779
meanings as in section 2151.011 of the Revised Code.	99780

(3) "Preteen" means an individual under thirteen years of	99781
age.	99782

(B) No person shall operate a children's crisis care facility	99783
or hold a children's crisis care facility out as a certified	99784
children's crisis care facility unless there is a valid children's	99785
crisis care facility certificate issued under this section for the	99786
facility.	99787

(C) A person seeking to operate a children's crisis care	99788
facility shall apply to the director of job and family services to	99789
obtain a certificate for the facility. The director shall certify	99790
the person's children's crisis care facility if the facility meets	99791
all of the certification standards established in rules adopted	99792
under division (F) of this section and the person complies with	99793
all of the rules governing the certification of children's crisis	99794
care facilities adopted under that division. The issuance of a	99795
children's crisis care facility certificate does not exempt the	99796
facility from a requirement to obtain another certificate or	99797
license mandated by law.	99798

(D)(1) No certified children's crisis care facility shall do	99799
any of the following:	99800

(a) Provide residential care to a preteen for more than one	99801
hundred twenty days in a calendar year;	99802

(b) Subject to division (D)(1)(c) of this section and except	99803
as provided in division (D)(2) of this section, provide	99804
residential care to a preteen for more than sixty consecutive	99805
days;	99806

(c) Except as provided in division (D)(3) of this section,	99807
provide residential care to a preteen for more than seventy-two	99808
consecutive hours if a public children services agency or private	99809
child placing agency placed the preteen in the facility;	99810

(d) Fail to comply with section 2151.86 of the Revised Code.

99811

(2) A certified children's crisis care facility may provide	99812
residential care to a preteen for up to ninety consecutive days,	99813
other than a preteen placed in the facility by a public children	99814
services agency or private child placing agency, if any of the	99815
following are the case:	99816

(a) The preteen's parent or other caretaker is enrolled in an	99817
alcohol and drug addiction ~~program certified under section 3793.06~~	99818
~~of the Revised Code~~service or a community mental health service	99819
certified under section ~~5119.611~~5119.36 of the Revised Code;	99820

(b) The preteen's parent or other caretaker is an inpatient	99821
in a hospital;	99822

99823

(d) A physician has diagnosed the preteen's parent or other	99824
caretaker as medically incapacitated.	99825

(3) A certified children's crisis care facility may provide	99826
residential care to a preteen placed in the facility by a public	99827
children services agency or private child placing agency for more	99828
than seventy-two consecutive hours if the director of job and	99829
family services or the director's designee issues the agency a	99830
waiver of the seventy-two consecutive hour limitation. The waiver	99831
may authorize the certified children's crisis care facility to	99832
provide residential care to the preteen for up to fourteen	99833
consecutive days.	99834

(E) The director of job and family services may suspend or	99835
revoke a children's crisis care facility's certificate pursuant to	99836
Chapter 119. of the Revised Code if the facility violates division	99837
(D) of this section or ceases to meet any of the certification	99838
standards established in rules adopted under division (F) of this	99839
section or the facility's operator ceases to comply with any of	99840
the rules governing the certification of children's crisis care	99841
facilities adopted under that division.	99842

(F) Not later than ninety days after September 21, 2006, the	99843
director of job and family services shall adopt rules pursuant to	99844
Chapter 119. of the Revised Code for the certification of	99845
children's crisis care facilities. The rules shall specify that a	99846
certificate shall not be issued to an applicant if the conditions	99847
at the children's crisis care facility would jeopardize the health	99848
or safety of the preteens placed in the facility.	99849

Sec. 5103.42. Prior to the beginning of the fiscal biennium	99850
that first follows October 5, 2000, the public children services	99851
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	99852
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	99853
maintain a regional training center. Prior to the beginning of the	99854
fiscal biennium that first follows the effective date of this	99855
amendment, the public children services agency of Butler county	99856
shall establish and maintain a regional training center. At any	99857
time after the beginning of ~~that~~the specified biennium, the	99858
department of job and family services, on the recommendation of	99859
the Ohio child welfare training program steering committee, may	99860
direct a public children services agency to establish and maintain	99861
a training center to replace the center established by an agency	99862
under this section. There may be no more and no less than eight	99863
centers in existence at any time. The department may make a grant	99864
to a public children services agency that establishes and	99865
maintains a regional training center under this section for the	99866
purpose of wholly or partially subsidizing the operation of the	99867
center. The department shall specify in the grant all of the	99868
center's duties, including the duties specified in section	99869
5103.422 of the Revised Code.	99870

The regional training center established by the public	99871
children services agency of Butler county under this section	99872
replaces the regional training center previously established by	99873
the public children services agency of Hamilton county under this	99874
section.	99875

Sec. 5104.012. (A)(1) At the times specified in this	99876
division, the administrator of a child day-care center or a type A	99877
family day-care home shall request the superintendent of the	99878
bureau of criminal identification and investigation to conduct a	99879
criminal records check with respect to any applicant who has	99880
applied to the center or type A home for employment as a person	99881
responsible for the care, custody, or control of a child.	99882

The administrator shall request a criminal records check	99883
pursuant to this division at the time of the applicant's initial	99884
application for employment and every ~~four~~five years thereafter.	99885
When the administrator requests pursuant to this division a	99886
criminal records check for an applicant at the time of the	99887
applicant's initial application for employment, the administrator	99888
shall request that the superintendent obtain information from the	99889
federal bureau of investigation as a part of the criminal records	99890
check for the applicant, including fingerprint-based checks of	99891
national crime information databases as described in 42 U.S.C.	99892
671, for the person subject to the criminal records check. In all	99893
other cases in which the administrator requests a criminal records	99894
check for an applicant pursuant to this division, the	99895
administrator may request that the superintendent include	99896
information from the federal bureau of investigation in the	99897
criminal records check, including fingerprint-based checks of	99898
national crime information databases as described in 42 U.S.C.	99899
671.	99900

(2) A person required by division (A)(1) of this section to	99901
request a criminal records check shall provide to each applicant a	99902
copy of the form prescribed pursuant to division (C)(1) of section	99903
109.572 of the Revised Code, provide to each applicant a standard	99904
impression sheet to obtain fingerprint impressions prescribed	99905
pursuant to division (C)(2) of section 109.572 of the Revised	99906
Code, obtain the completed form and impression sheet from each	99907
applicant, and forward the completed form and impression sheet to	99908
the superintendent of the bureau of criminal identification and	99909
investigation at the time the person requests a criminal records	99910
check pursuant to division (A)(1) of this section. On and after	99911
August 14, 2008, the administrator of a child day-care center or a	99912
type A family day-care home shall review the results of the	99913
criminal records check before the applicant has sole	99914
responsibility for the care, custody, or control of any child.	99915

(3) An applicant who receives pursuant to division (A)(2) of	99916
this section a copy of the form prescribed pursuant to division	99917
(C)(1) of section 109.572 of the Revised Code and a copy of an	99918
impression sheet prescribed pursuant to division (C)(2) of that	99919
section and who is requested to complete the form and provide a	99920
set of fingerprint impressions shall complete the form or provide	99921
all the information necessary to complete the form and shall	99922
provide the impression sheet with the impressions of the	99923
applicant's fingerprints. If an applicant, upon request, fails to	99924
provide the information necessary to complete the form or fails to	99925
provide impressions of the applicant's fingerprints, the center or	99926
type A home shall not employ that applicant for any position for	99927
which a criminal records check is required by division (A)(1) of	99928
this section.	99929

(B)(1) Except as provided in rules adopted under division (E)	99930
of this section, no child day-care center or type A family	99931
day-care home shall employ or contract with another entity for the	99932
services of a person as a person responsible for the care,	99933
custody, or control of a child if the person previously has been	99934
convicted of or pleaded guilty to any of the violations described	99935
in division (A)(5) of section 109.572 of the Revised Code.	99936

(2) A child day-care center or type A family day-care home	99937
may employ an applicant conditionally until the criminal records	99938
check required by this section is completed and the center or home	99939
receives the results of the criminal records check. If the results	99940
of the criminal records check indicate that, pursuant to division	99941
(B)(1) of this section, the applicant does not qualify for	99942
employment, the center or home shall release the applicant from	99943
employment.	99944

(C)(1) Each child day-care center and type A family day-care	99945
home shall pay to the bureau of criminal identification and	99946
investigation the fee prescribed pursuant to division (C)(3) of	99947
section 109.572 of the Revised Code for each criminal records	99948
check conducted in accordance with that section upon the request	99949
pursuant to division (A)(1) of this section of the administrator	99950
or provider of the center or home.	99951

(2) A child day-care center and type A family day-care home	99952
may charge an applicant a fee for the costs it incurs in obtaining	99953
a criminal records check under this section. A fee charged under	99954
this division shall not exceed the amount of fees the center or	99955
home pays under division (C)(1) of this section. If a fee is	99956
charged under this division, the center or home shall notify the	99957
applicant at the time of the applicant's initial application for	99958
employment of the amount of the fee and that, unless the fee is	99959
paid, the center or type A home will not consider the applicant	99960
for employment.	99961

(D) The report of any criminal records check conducted by the	99962
bureau of criminal identification and investigation in accordance	99963
with section 109.572 of the Revised Code and pursuant to a request	99964
under division (A)(1) of this section is not a public record for	99965
the purposes of section 149.43 of the Revised Code and shall not	99966
be made available to any person other than the applicant who is	99967
the subject of the criminal records check or the applicant's	99968
representative; the center or type A home requesting the criminal	99969
records check or its representative; the department of job and	99970
family services or a county department of job and family services;	99971
and any court, hearing officer, or other necessary individual	99972
involved in a case dealing with the denial of employment to the	99973
applicant.	99974

(E) The director of job and family services shall adopt rules	99975
pursuant to Chapter 119. of the Revised Code to implement this	99976
section, including rules specifying circumstances under which a	99977
center or home may hire a person who has been convicted of an	99978
offense listed in division (B)(1) of this section but who meets	99979
standards in regard to rehabilitation set by the department.	99980

(F) Any person required by division (A)(1) of this section to	99981
request a criminal records check shall inform each person, at the	99982
time of the person's initial application for employment, that the	99983
person is required to provide a set of impressions of the person's	99984
fingerprints and that a criminal records check is required to be	99985
conducted and satisfactorily completed in accordance with section	99986
109.572 of the Revised Code if the person comes under final	99987
consideration for appointment or employment as a precondition to	99988
employment for that position.	99989

(G) As used in this section:

99990

(1) "Applicant" means a person who is under final	99991
consideration for appointment to or employment in a position with	99992
a child day-care center or a type A family day-care home as a	99993
person responsible for the care, custody, or control of a child;	99994
an in-home aide certified pursuant to section 5104.12 of the	99995
Revised Code; or any person who would serve in any position with a	99996
child day-care center or a type A family day-care home as a person	99997
responsible for the care, custody, or control of a child pursuant	99998
to a contract with another entity.	99999

(2) "Criminal records check" has the same meaning as in	100000
section 109.572 of the Revised Code.	100001

Sec. 5104.013. (A)(1) At the times specified in division	100002
(A)(3) of this section, the director of job and family services,	100003
as part of the process of licensure of child day-care centers and	100004
type A family day-care homes, shall request the superintendent of	100005
the bureau of criminal identification and investigation to conduct	100006
a criminal records check with respect to the following persons:	100007

(a) Any owner, licensee, or administrator of a child day-care	100008
center;	100009

(b) Any owner, licensee, or administrator of a type A family	100010
day-care home and any person eighteen years of age or older who	100011
resides in a type A family day-care home.	100012

(2) At the times specified in division (A)(3) of this	100013
section, the director of a county department of job and family	100014
services, as part of the process of certification of type B family	100015
day-care homes, shall request the superintendent of the bureau of	100016
criminal identification and investigation to conduct a criminal	100017
records check with respect to any authorized provider of a	100018
certified type B family day-care home and any person eighteen	100019
years of age or older who resides in a certified type B family	100020
day-care home.	100021

(3) The director of job and family services shall request a	100022
criminal records check pursuant to division (A)(1) of this section	100023
at the time of the initial application for licensure and every	100024
~~four~~five years thereafter. The director of a county department of	100025
job and family services shall request a criminal records check	100026
pursuant to division (A)(2) of this section at the time of the	100027
initial application for certification and every ~~four~~five years	100028
thereafter at the time of a certification renewal. When the	100029
director of job and family services or the director of a county	100030
department of job and family services requests pursuant to	100031
division (A)(1) or (2) of this section a criminal records check	100032
for a person at the time of the person's initial application for	100033
licensure or certification, the director shall request that the	100034
superintendent of the bureau of criminal identification and	100035
investigation obtain information from the federal bureau of	100036
investigation as a part of the criminal records check for the	100037
person, including fingerprint-based checks of national crime	100038
information databases as described in 42 U.S.C. 671 for the person	100039
subject to the criminal records check. In all other cases in which	100040
the director of job and family services or the director of a	100041
county department of job and family services requests a criminal	100042
records check for an applicant pursuant to division (A)(1) or (2)	100043
of this section, the director may request that the superintendent	100044
include information from the federal bureau of investigation in	100045
the criminal records check, including fingerprint-based checks of	100046
national crime information databases as described in 42 U.S.C.	100047
671.	100048

(4) The director of job and family services shall review the	100049
results of a criminal records check subsequent to a request made	100050
pursuant to divisions (A)(1) and (3) of this section prior to	100051
approval of a license. The director of a county department of job	100052
and family services shall review the results of a criminal records	100053
check subsequent to a request made pursuant to divisions (A)(2)	100054
and (3) of this section prior to approval of certification.	100055

(B) The director of job and family services or the director	100056
of a county department of job and family services shall provide to	100057
each person for whom a criminal records check is required under	100058
this section a copy of the form prescribed pursuant to division	100059
(C)(1) of section 109.572 of the Revised Code and a standard	100060
impression sheet to obtain fingerprint impressions prescribed	100061
pursuant to division (C)(2) of that section, obtain the completed	100062
form and impression sheet from that person, and forward the	100063
completed form and impression sheet to the superintendent of the	100064
bureau of criminal identification and investigation.	100065

(C) A person who receives pursuant to division (B) of this	100066
section a copy of the form and standard impression sheet described	100067
in that division and who is requested to complete the form and	100068
provide a set of fingerprint impressions shall complete the form	100069
or provide all the information necessary to complete the form and	100070
shall provide the impression sheet with the impressions of the	100071
person's fingerprints. If the person, upon request, fails to	100072
provide the information necessary to complete the form or fails to	100073
provide impressions of the person's fingerprints, the director may	100074
consider the failure as a reason to deny licensure or	100075
certification.	100076

(D) Except as provided in rules adopted under division (G) of	100077
this section, the director of job and family services shall not	100078
grant a license to a child day-care center or type A family	100079
day-care home and a county director of job and family services	100080
shall not certify a type B family day-care home if a person for	100081
whom a criminal records check was required in connection with the	100082
center or home previously has been convicted of or pleaded guilty	100083
to any of the violations described in division (A)(5) of section	100084
109.572 of the Revised Code.	100085

(E) Each child day-care center, type A family day-care home,	100086
and type B family day-care home shall pay to the bureau of	100087
criminal identification and investigation the fee prescribed	100088
pursuant to division (C)(3) of section 109.572 of the Revised Code	100089
for each criminal records check conducted in accordance with that	100090
section upon a request made pursuant to division (A) of this	100091
section.	100092

(F) The report of any criminal records check conducted by the	100093
bureau of criminal identification and investigation in accordance	100094
with section 109.572 of the Revised Code and pursuant to a request	100095
made under division (A) of this section is not a public record for	100096
the purposes of section 149.43 of the Revised Code and shall not	100097
be made available to any person other than the person who is the	100098
subject of the criminal records check or the person's	100099
representative, the director of job and family services, the	100100
director of a county department of job and family services, the	100101
center, type A home, or type B home involved, and any court,	100102
hearing officer, or other necessary individual involved in a case	100103
dealing with a denial of licensure or certification related to the	100104
criminal records check.	100105

(G) The director of job and family services shall adopt rules	100106
pursuant to Chapter 119. of the Revised Code to implement this	100107
section, including rules specifying exceptions to the prohibition	100108
in division (D) of this section for persons who have been	100109
convicted of an offense listed in that division but who meet	100110
standards in regard to rehabilitation set by the director.	100111

(H) As used in this section, "criminal records check" has the	100112
same meaning as in section 109.572 of the Revised Code.	100113

Sec. 5104.02. (A) The director of job and family services is	100114
responsible for the licensing of child day-care centers and type A	100115
family day-care homes. Each entity operating a head start program	100116
shall meet the criteria for, and be licensed as, a child day-care	100117
center. The director is responsible for the enforcement of this	100118
chapter and of rules promulgated pursuant to this chapter.	100119

No person, firm, organization, institution, or agency shall	100120
operate, establish, manage, conduct, or maintain a child day-care	100121
center or type A family day-care home without a license issued	100122
under section 5104.03 of the Revised Code. The current license	100123
shall be posted in a conspicuous place in the center or type A	100124
home that is accessible to parents, custodians, or guardians and	100125
employees of the center or type A home at all times when the	100126
center or type A home is in operation.	100127

(B) A person, firm, institution, organization, or agency	100128
operating any of the following programs is exempt from the	100129
requirements of this chapter:	100130

(1) A program of child care that operates for two or less	100131
consecutive weeks;	100132

(2) Child care in places of worship during religious	100133
activities during which children are cared for while at least one	100134
parent, guardian, or custodian of each child is participating in	100135
such activities and is readily available;	100136

(3) Religious activities which do not provide child care;

100137

(4) Supervised training, instruction, or activities of	100138
children in specific areas, including, but not limited to: art;	100139
drama; dance; music; gymnastics, swimming, or another athletic	100140
skill or sport; computers; or an educational subject conducted on	100141
an organized or periodic basis no more than one day a week and for	100142
no more than six hours duration;	100143

(5) Programs in which the director determines that at least	100144
one parent, custodian, or guardian of each child is on the	100145
premises of the facility offering child care and is readily	100146
accessible at all times, except that child care provided on the	100147
premises at which a parent, custodian, or guardian is employed	100148
more than two and one-half hours a day shall be licensed in	100149
accordance with division (A) of this section;	100150

(6)(a) Programs that provide child care funded and regulated	100151
or operated and regulated by state departments other than the	100152
department of job and family services or the state board of	100153
education when the director of job and family services has	100154
determined that the rules governing the program are equivalent to	100155
or exceed the rules promulgated pursuant to this chapter.	100156

Notwithstanding any exemption from regulation under this	100157
chapter, each state department shall submit to the director of job	100158
and family services a copy of the rules that govern programs that	100159
provide child care and are regulated or operated and regulated by	100160
the department. Annually, each state department shall submit to	100161
the director a report for each such program it regulates or	100162
operates and regulates that includes the following information:	100163

(i) The site location of the program;

100164

(ii) The maximum number of infants, toddlers, preschool-age	100165
children, or school-age children served by the program at one	100166
time;	100167

(iii) The number of adults providing child care for the	100168
number of infants, toddlers, preschool-age children, or school-age	100169
children;	100170

(iv) Any changes in the rules made subsequent to the time	100171
when the rules were initially submitted to the director.	100172

The director shall maintain a record of the child care	100173
information submitted by other state departments and shall provide	100174
this information upon request to the general assembly or the	100175
public.	100176

(b) Child care programs conducted by boards of education or	100177
by chartered nonpublic schools that are conducted in school	100178
buildings and that provide child care to school-age children only	100179
shall be exempt from meeting or exceeding rules promulgated	100180
pursuant to this chapter.	100181

(7) Any preschool program or school child program, except a	100182
head start program, that is subject to licensure by the department	100183
of education under sections 3301.52 to 3301.59 of the Revised	100184
Code.	100185

(8) Any program providing child care that meets all of the	100186
following requirements and, on October 20, 1987, was being	100187
operated by a nonpublic school that holds a charter issued by the	100188
state board of education for kindergarten only:	100189

(a) The nonpublic school has given the notice to the state	100190
board and the director of job and family services required by	100191
Section 4 of Substitute House Bill No. 253 of the 117th general	100192
assembly;	100193

(b) The nonpublic school continues to be chartered by the	100194
state board for kindergarten, or receives and continues to hold a	100195
charter from the state board for kindergarten through grade five;	100196

100197

(d) The program is operated in accordance with rules	100198
promulgated by the state board under sections 3301.52 to 3301.57	100199
of the Revised Code.	100200

(9) A youth development program operated outside of school	100201
hours by a community-based center to which all of the following	100202
apply:	100203

(a) The children enrolled in the program are under nineteen	100204
years of age and enrolled in or eligible to be enrolled in a grade	100205
of kindergarten or above.	100206

(b) The program provides informal child care ~~and at least~~	100207
~~two~~, which is child care that does not require parental signature,	100208
permission, or notice for the child receiving the care to enter or	100209
leave the program;	100210

(c) The program provides any of the following supervised	100211
activities: educational, recreational, culturally enriching,	100212
social, and personal development activities.	100213

~~(c)~~(d) The program is eligible for participation in the child	100214
and adult care food program as an outside-school-hours care center	100215
pursuant to standards established under section 3313.813 of the	100216
Revised Code.	100217

~~(d)~~(e) The community-based center operating the program is	100218
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	100219
and (c)(3).	100220

(10) A preschool program operated by a nonchartered,	100221
nontax-supported school if the preschool program meets all of the	100222
following conditions:	100223

(a) The program complies with state and local health, fire,	100224
and safety laws.	100225

(b) The program annually certifies in a report to the parents	100226
of its pupils that the school is in compliance with division	100227
(B)(10)(a) of this section and files a copy of the report with the	100228
department of job and family services on or before the thirtieth	100229
day of September of each year.	100230

(c) The program complies with all applicable reporting	100231
requirements in the same manner as required by the state board of	100232
education for nonchartered, nonpublic primary and secondary	100233
schools.	100234

(d) The program is associated with a nonchartered,	100235
nontax-supported primary or secondary school.	100236

Sec. 5104.021. The director of job and family services may	100237
~~not~~ issue a child day-care center or type A family day-care home	100238
license to a youth development program that is exempted by	100239
division (B)(9) of section 5104.02 of the Revised Code from the	100240
requirements of this chapter if the youth development program	100241
applies for and meets all of the requirements for the license.	100242

Sec. 5104.03. (A) Any person, firm, organization,	100243
institution, or agency desiring to establish a child day-care	100244
center or type A family day-care home shall apply for a license to	100245
the director of job and family services on such form as the	100246
director prescribes. The director shall provide at no charge to	100247
each applicant for licensure a copy of the child care license	100248
requirements in this chapter and a copy of the rules adopted	100249
pursuant to this chapter. The copies may be provided in paper or	100250
electronic form.	100251

Fees shall be set by the director pursuant to section	100252
5104.011 of the Revised Code and shall be paid at the time of	100253
application for a license to operate a center or type A home. Fees	100254
collected under this section shall be paid into the state treasury	100255
to the credit of the general revenue fund.	100256

(B) Upon filing of the application for a license, the	100257
director shall investigate and inspect the center or type A home	100258
to determine the license capacity for each age category of	100259
children of the center or type A home and to determine whether the	100260
center or type A home complies with this chapter and rules adopted	100261
pursuant to this chapter. When, after investigation and	100262
inspection, the director is satisfied that this chapter and rules	100263
adopted pursuant to it are complied with, subject to division (G)	100264
of this section, a provisional license shall be issued as soon as	100265
practicable in such form and manner as prescribed by the director.	100266
The provisional license shall be valid for twelve months from the	100267
date of issuance unless revoked.	100268

(C) The director shall investigate and inspect the center or	100269
type A home at least once during operation under the provisional	100270
license. If after the investigation and inspection the director	100271
determines that the requirements of this chapter and rules adopted	100272
pursuant to this chapter are met, subject to division (G) of this	100273
section, the director shall issue a license to the center or home.	100274

(D) The license or provisional license shall state the name	100275
of the licensee, the name of the administrator, the address of the	100276
center or type A home, and the license capacity for each age	100277
category of children. The license or provisional license shall	100278
include thereon, in accordance with section 5104.011 of the	100279
Revised Code, the toll-free telephone number to be used by persons	100280
suspecting that the center or type A home has violated a provision	100281
of this chapter or rules adopted pursuant to this chapter. A	100282
license or provisional license is valid only for the licensee,	100283
administrator, address, and license capacity for each age category	100284
of children designated on the license. The license capacity	100285
specified on the license or provisional license is the maximum	100286
number of children in each age category that may be cared for in	100287
the center or type A home at one time.	100288

The center or type A home licensee shall notify the director	100289
when the administrator of the center or home changes. The director	100290
shall amend the current license or provisional license to reflect	100291
a change in an administrator, if the administrator meets the	100292
requirements of Chapter 5104. of the Revised Code and rules	100293
adopted pursuant to Chapter 5104. of the Revised Code, or a change	100294
in license capacity for any age category of children as determined	100295
by the director of job and family services.	100296

(E) If the director revokes the license of a center or a type	100297
A home, the director shall not issue another license to the owner	100298
of the center or type A home until five years have elapsed from	100299
the date the license is revoked.	100300

If the director denies an application for a license, the	100301
director shall not accept another application from the applicant	100302
until five years have elapsed from the date the application is	100303
denied.	100304

(F) If during the application for licensure process the	100305
director determines that the license of the owner has been	100306
revoked, the investigation of the center or type A home shall	100307
cease. This action does not constitute denial of the application	100308
and may not be appealed under division (G) of this section.	100309

(G) All actions of the director with respect to licensing	100310
centers or type A homes, refusal to license, and revocation of a	100311
license shall be in accordance with Chapter 119. of the Revised	100312
Code. Any applicant who is denied a license or any owner whose	100313
license is revoked may appeal in accordance with section 119.12 of	100314
the Revised Code.	100315

(H) In no case shall the director issue a license or	100316
provisional license under this section for a type A home or center	100317
if the director, based on documentation provided by the	100318
appropriate county department of job and family services,	100319
determines that the applicant previously had been certified as a	100320
type B family day-care home, that the county department revoked	100321
that certification within the immediately preceding five years,	100322
that the revocation was based on the applicant's refusal or	100323
inability to comply with the criteria for certification, and that	100324
the refusal or inability resulted in a risk to the health or	100325
safety of children.	100326

Sec. 5104.08. (A) There is hereby created in the department	100327
of job and family services a child care advisory council to advise	100328
and assist the department in the administration of this chapter	100329
and in the development of child care. The council shall consist of	100330
twenty-two voting members appointed by the director of job and	100331
family services with the approval of the governor. The director of	100332
job and family services, the director of developmental	100333
disabilities, the director of ~~mental health~~mental health and	100334
addiction services, the superintendent of public instruction, the	100335
director of health, the director of commerce, and the state fire	100336
marshal shall serve as nonvoting members of the council.	100337

Six members shall be representatives of child care centers	100338
subject to licensing, the members to represent a variety of	100339
centers, including nonprofit and proprietary, from different	100340
geographical areas of the state. At least three members shall be	100341
parents, guardians, or custodians of children receiving child care	100342
or publicly funded child care in the child's own home, a center, a	100343
type A home, a head start program, a certified type B home, or a	100344
type B home at the time of appointment. Three members shall be	100345
representatives of in-home aides, type A homes, certified type B	100346
homes, or type B homes or head start programs. At least six	100347
members shall represent county departments of job and family	100348
services. The remaining members shall be representatives of the	100349
teaching, child development, and health professions, and other	100350
individuals interested in the welfare of children. At least six	100351
members of the council shall not be employees or licensees of a	100352
child day-care center, head start program, or type A home, or	100353
providers operating a certified type B home or type B home, or	100354
in-home aides.	100355

Appointments shall be for three-year terms. Vacancies shall	100356
be filled for the unexpired terms. A member of the council is	100357
subject to removal by the director of job and family services for	100358
a willful and flagrant exercise of authority or power that is not	100359
authorized by law, for a refusal or willful neglect to perform any	100360
official duty as a member of the council imposed by law, or for	100361
being guilty of misfeasance, malfeasance, nonfeasance, or gross	100362
neglect of duty as a member of the council.	100363

There shall be two co-chairpersons of the council. One	100364
co-chairperson shall be the director of job and family services or	100365
the director's designee, and one co-chairperson shall be elected	100366
by the members of the council. The council shall meet as often as	100367
is necessary to perform its duties, provided that it shall meet at	100368
least once in each quarter of each calendar year and at the call	100369
of the co-chairpersons. The co-chairpersons or their designee	100370
shall send to each member a written notice of the date, time, and	100371
place of each meeting.	100372

Members of the council shall serve without compensation, but	100373
shall be reimbursed for necessary expenses.	100374

(B) The child care advisory council shall advise the director	100375
on matters affecting the licensing of centers and type A homes and	100376
the certification of type B homes and in-home aides. The council	100377
shall make an annual report to the director of job and family	100378
services that addresses the availability, affordability,	100379
accessibility, and quality of child care and that summarizes the	100380
recommendations and plans of action that the council has proposed	100381
to the director during the preceding fiscal year. The director of	100382
job and family services shall provide copies of the report to the	100383
governor, speaker and minority leader of the house of	100384
representatives, and the president and minority leader of the	100385
senate and, on request, shall make copies available to the public.	100386

(C) The director of job and family services shall adopt rules	100387
pursuant to Chapter 119. of the Revised Code to implement this	100388
section.	100389

Sec. 5104.11. (A)(1) Every person desiring to receive	100390
certification for a type B family day-care home to provide	100391
publicly funded child care shall apply for certification to the	100392
county director of job and family services on such forms as the	100393
director of job and family services prescribes. The county	100394
director shall provide at no charge to each applicant a copy of	100395
rules for certifying type B family day-care homes adopted pursuant	100396
to this chapter.	100397

(2) Except as provided in division (G)(1) of section 5104.011	100398
of the Revised Code, after receipt of an application for	100399
certification from a type B family day-care home, the county	100400
director of job and family services shall inspect the home. If it	100401
complies with this chapter and any applicable rules adopted under	100402
this chapter, the county department shall certify the type B	100403
family day-care home to provide publicly funded child care	100404
pursuant to this chapter and any rules adopted under it. The	100405
director of job and family services or a county director of job	100406
and family services may contract with a government entity or a	100407
private nonprofit entity for that entity to inspect and certify	100408
type B family day-care homes pursuant to this section. The county	100409
department of job and family services, government entity, or	100410
nonprofit entity shall conduct the inspection prior to the	100411
issuance of a certificate for the type B home and, as part of that	100412
inspection, ensure that the type B home is safe and sanitary.	100413

(3)(a) On receipt of an application for certification for a	100414
type B family day-care home to provide publicly funded child care	100415
or for renewal of such certification, the county department shall	100416
request from ~~both of the following~~the public children services	100417
agency information concerning any abuse or neglect report made	100418
pursuant to section 2151.421 of the Revised Code of which the	100419
applicant, any other adult residing in the applicant's home, or a	100420
person designated by the applicant to be an emergency or	100421
substitute caregiver for the applicant is the subject:	100422

~~(i) The public children services agency, until the county~~	100423
~~department is notified by the department of job and family~~	100424
~~services that the uniform statewide automated child welfare~~	100425
~~information system has been finalized statewide;~~	100426

~~(ii) Upon receipt of notification under division (D) of~~	100427
~~section 5101.13 of the Revised Code that the uniform statewide~~	100428
~~automated child welfare information system has been implemented~~	100429
~~statewide, the uniform statewide automated child welfare~~	100430
~~information system via the department~~.	100431

(b) The county department shall consider any information	100432
provided by the agency ~~or the department~~ pursuant to section	100433
5153.175 of the Revised Code. If the county department determines	100434
that the information, when viewed within the totality of the	100435
circumstances, reasonably leads to the conclusion that the	100436
applicant may directly or indirectly endanger the health, safety,	100437
or welfare of children, the county department shall deny the	100438
application for certification or renewal of certification, or	100439
revoke the certification of an authorized provider.	100440

(c) As used in division (A)(3) of this section, "public	100441
children services agency" means either an entity separate from the	100442
county department or the part of the county department that serves	100443
as the county's public children services agency, as appropriate.	100444

(4) Except as provided in division (A)(5) of this section, an	100445
authorized provider of a type B family day-care home that receives	100446
a certificate pursuant to this section to provide publicly funded	100447
child care is an independent contractor and is not an employee of	100448
the county department of job and family services that issues the	100449
certificate.	100450

(5) For purposes of Chapter 4141. of the Revised Code,	100451
determinations concerning the employment of an authorized provider	100452
of a type B family day-care home that receives a certificate	100453
pursuant to this section shall be determined under Chapter 4141.	100454
of the Revised Code.	100455

(B)(1) If the county director of job and family services	100456
determines that the type B family day-care home complies with this	100457
chapter and any rules adopted under it, the county director shall	100458
issue to the provider a certificate to provide publicly funded	100459
child care~~, which~~. The certificate is valid for twelve months,	100460
unless revoked earlier. ~~The county director may revoke the~~	100461
~~certificate after determining that revocation is necessary.~~ The	100462
authorized provider shall post the certificate in a conspicuous	100463
place in the certified type B home that is accessible to parents,	100464
custodians, or guardians at all times. The certificate shall state	100465
the name and address of the authorized provider, the maximum	100466
number of children who may be cared for at any one time in the	100467
certified type B home, the expiration date of the certification,	100468
and the name and telephone number of the county director who	100469
issued the certificate.	100470

(2) The county director may revoke a certificate to provide	100471
publicly funded child care in either of the following	100472
circumstances:	100473

(a) The county director determines, pursuant to rules adopted	100474
under Chapter 119. of the Revised Code, that revocation is	100475
necessary;	100476

(b) The authorized provider does not comply with division	100477
(D)(2) of section 5104.32 of the Revised Code.	100478

(C)(1) The county director shall inspect every certified type	100479
B family day-care home at least twice within each twelve-month	100480
period of the operation of the certified type B home. A minimum of	100481
one inspection shall be unannounced and all inspections may be	100482
unannounced. Upon receipt of a complaint, the county director	100483
shall investigate the certified type B home, and division (C)(2)	100484
of this section applies regarding the complaint. The authorized	100485
provider shall permit the county director to inspect any part of	100486
the certified type B home. The county director shall prepare a	100487
written inspection report and furnish one copy to the authorized	100488
provider within a reasonable time after the inspection.	100489

(2) Upon receipt of a complaint as described in division	100490
(C)(1) of this section, in addition to the investigation that is	100491
required under that division, both of the following apply:	100492

(a) If the complaint alleges that a child suffered physical	100493
harm while receiving child care at the certified type B family	100494
day-care home or that the noncompliance with law or act alleged in	100495
the complaint involved, resulted in, or poses a substantial risk	100496
of physical harm to a child receiving child care at the home, the	100497
county director shall inspect the home.	100498

(b) If division (C)(2)(a) of this section does not apply	100499
regarding the complaint, the county director may inspect the	100500
certified type B family day-care home.	100501

(3) Division (C)(2) of this section does not limit, restrict,	100502
or negate any duty of the county director to inspect a certified	100503
type B family day-care home that otherwise is imposed under this	100504
section, or any authority of the county director to inspect a home	100505
that otherwise is granted under this section when the county	100506
director believes the inspection is necessary and it is permitted	100507
under the grant.	100508

(D) The county director of job and family services, in	100509
accordance with rules adopted pursuant to section 5104.052 of the	100510
Revised Code regarding fire safety and fire prevention, shall	100511
inspect each type B home that applies to be certified that is	100512
providing or is to provide publicly funded child care.	100513

(E) All materials that are supplied by the department of job	100514
and family services to type A family day-care home providers, type	100515
B family day-care home providers, in-home aides, persons who	100516
desire to be type A family day-care home providers, type B family	100517
day-care home providers, or in-home aides, and caretaker parents	100518
shall be written at no higher than the sixth grade reading level.	100519
The department may employ a readability expert to verify its	100520
compliance with this division.	100521

Sec. 5104.12. (A) The county director of job and family	100522
services may certify in-home aides to provide publicly funded	100523
child care pursuant to this chapter and any rules adopted under	100524
it. Any in-home aide who receives a certificate pursuant to this	100525
section to provide publicly funded child care is an independent	100526
contractor and is not an employee of the county department of job	100527
and family services that issues the certificate.	100528

(B) Every person desiring to receive certification as an	100529
in-home aide shall apply for certification to the county director	100530
of job and family services on such forms as the director of job	100531
and family services prescribes. The county director shall provide	100532
at no charge to each applicant a copy of rules for certifying	100533
in-home aides adopted pursuant to this chapter.	100534

(C)(1) If the county director of job and family services	100535
determines that public funds are available and that the person	100536
complies with this chapter and any rules adopted under it, the	100537
county director shall certify the person as an in-home aide and	100538
issue the person a certificate to provide publicly funded child	100539
care for twelve months. ~~The county director may revoke the~~	100540
~~certificate after determining that revocation is necessary.~~ The	100541
county director shall furnish a copy of the certificate to the	100542
parent, custodian, or guardian. The certificate shall state the	100543
name and address of the in-home aide, the expiration date of the	100544
certification, and the name and telephone number of the county	100545
director who issued the certificate.	100546

(2) The county director may revoke the certificate in either	100547
of the following circumstances:	100548

(a) The county director determines, pursuant to rules adopted	100549
under Chapter 119. of the Revised Code, that revocation is	100550
necessary;	100551

(b) The in-home aide does not comply with division (D)(2) of	100552
section 5104.32 of the Revised Code.	100553

(D)(1) The county director of job and family services shall	100554
inspect every home of a child who is receiving publicly funded	100555
child care in the child's own home while the in-home aide is	100556
providing the services. Inspections may be unannounced. Upon	100557
receipt of a complaint, the county director shall investigate the	100558
in-home aide, shall investigate the home of a child who is	100559
receiving publicly funded child care in the child's own home, and	100560
division (D)(2) of this section applies regarding the complaint.	100561
The caretaker parent shall permit the county director to inspect	100562
any part of the child's home. The county director shall prepare a	100563
written inspection report and furnish one copy each to the in-home	100564
aide and the caretaker parent within a reasonable time after the	100565
inspection.	100566

(2) Upon receipt of a complaint as described in division	100567
(D)(1) of this section, in addition to the investigations that are	100568
required under that division, both of the following apply:	100569

(a) If the complaint alleges that a child suffered physical	100570
harm while receiving publicly funded child care in the child's own	100571
home from an in-home aide or that the noncompliance with law or	100572
act alleged in the complaint involved, resulted in, or poses a	100573
substantial risk of physical harm to a child receiving publicly	100574
funded child care in the child's own home from an in-home aide,	100575
the county director shall inspect the home of the child.	100576

(b) If division (D)(2)(a) of this section does not apply	100577
regarding the complaint, the county director may inspect the home	100578
of the child.	100579

(3) Division (D)(2) of this section does not limit, restrict,	100580
or negate any duty of the county director to inspect a home of a	100581
child who is receiving publicly funded child care from an in-home	100582
aide that otherwise is imposed under this section, or any	100583
authority of the county director to inspect such a home that	100584
otherwise is granted under this section when the county director	100585
believes the inspection is necessary and it is permitted under the	100586
grant.	100587

Sec. 5104.32. (A) Except as provided in division (C) of this	100588
section, all purchases of publicly funded child care shall be made	100589
under a contract entered into by a licensed child day-care center,	100590
licensed type A family day-care home, certified type B family	100591
day-care home, certified in-home aide, approved child day camp,	100592
licensed preschool program, licensed school child program, or	100593
border state child care provider and the department of job and	100594
family services. All contracts for publicly funded child care	100595
shall be contingent upon the availability of state and federal	100596
funds. The department shall prescribe a standard form to be used	100597
for all contracts for the purchase of publicly funded child care,	100598
regardless of the source of public funds used to purchase the	100599
child care. To the extent permitted by federal law and	100600
notwithstanding any other provision of the Revised Code that	100601
regulates state contracts or contracts involving the expenditure	100602
of state or federal funds, all contracts for publicly funded child	100603
care shall be entered into in accordance with the provisions of	100604
this chapter and are exempt from any other provision of the	100605
Revised Code that regulates state contracts or contracts involving	100606
the expenditure of state or federal funds.	100607

(B) Each contract for publicly funded child care shall	100608
specify at least the following:	100609

(1) That the provider of publicly funded child care agrees to	100610
be paid for rendering services at the lower of the rate	100611
customarily charged by the provider for children enrolled for	100612
child care or the reimbursement ceiling or rate of payment	100613
established pursuant to section 5104.30 of the Revised Code;	100614

(2) That, if a provider provides child care to an individual	100615
potentially eligible for publicly funded child care who is	100616
subsequently determined to be eligible, the department agrees to	100617
pay for all child care provided between the date the county	100618
department of job and family services receives the individual's	100619
completed application and the date the individual's eligibility is	100620
determined;	100621

(3) Whether the county department of job and family services,	100622
the provider, or a child care resource and referral service	100623
organization will make eligibility determinations, whether the	100624
provider or a child care resource and referral service	100625
organization will be required to collect information to be used by	100626
the county department to make eligibility determinations, and the	100627
time period within which the provider or child care resource and	100628
referral service organization is required to complete required	100629
eligibility determinations or to transmit to the county department	100630
any information collected for the purpose of making eligibility	100631
determinations;	100632

(4) That the provider, other than a border state child care	100633
provider, shall continue to be licensed, approved, or certified	100634
pursuant to this chapter and shall comply with all standards and	100635
other requirements in this chapter and in rules adopted pursuant	100636
to this chapter for maintaining the provider's license, approval,	100637
or certification;	100638

(5) That, in the case of a border state child care provider,	100639
the provider shall continue to be licensed, certified, or	100640
otherwise approved by the state in which the provider is located	100641
and shall comply with all standards and other requirements	100642
established by that state for maintaining the provider's license,	100643
certificate, or other approval;	100644

(6) Whether the provider will be paid by the state department	100645
of job and family services or in some other manner as prescribed	100646
by rules adopted under section 5104.42 of the Revised Code;	100647

(7) That the contract is subject to the availability of state	100648
and federal funds.	100649

(C) Unless specifically prohibited by federal law or by rules	100650
adopted under section 5104.42 of the Revised Code, the county	100651
department of job and family services shall give individuals	100652
eligible for publicly funded child care the option of obtaining	100653
certificates that the individual may use to purchase services from	100654
any provider qualified to provide publicly funded child care under	100655
section 5104.31 of the Revised Code. Providers of publicly funded	100656
child care may present these certificates for payment in	100657
accordance with rules that the director of job and family services	100658
shall adopt. Only providers may receive payment for certificates.	100659
The value of the certificate shall be based on the lower of the	100660
rate customarily charged by the provider or the rate of payment	100661
established pursuant to section 5104.30 of the Revised Code. The	100662
county department may provide the certificates to the individuals	100663
or may contract with child care providers or child care resource	100664
and referral service organizations that make determinations of	100665
eligibility for publicly funded child care pursuant to contracts	100666
entered into under section 5104.34 of the Revised Code for the	100667
providers or resource and referral service organizations to	100668
provide the certificates to individuals whom they determine are	100669
eligible for publicly funded child care.	100670

For each six-month period a provider of publicly funded child	100671
care provides publicly funded child care to the child of an	100672
individual given certificates, the individual shall provide the	100673
provider certificates for days the provider would have provided	100674
publicly funded child care to the child had the child been	100675
present. The maximum number of days providers shall be provided	100676
certificates shall not exceed ten days in a six-month period	100677
during which publicly funded child care is provided to the child	100678
regardless of the number of providers that provide publicly funded	100679
child care to the child during that period.	100680

(D)(1) The department shall establish the Ohio electronic	100681
child care system to track attendance and calculate payments for	100682
publicly funded child care. The system shall include issuing an	100683
electronic child care card to each caretaker parent to swipe	100684
through a point-of-service device issued to an eligible provider,	100685
as described in section 5104.31 of the Revised Code.	100686

(2) Each eligible provider that provides publicly funded	100687
child care shall participate in the Ohio electronic child care	100688
system. A provider participating in the system shall not do any of	100689
the following:	100690

(a) Use or have possession of an electronic child care card	100691
issued to a caretaker parent;	100692

(b) Falsify attendance records;

100693

(c) Knowingly seek payment for publicly funded child care	100694
that was not provided;	100695

(d) Knowingly accept reimbursement for publicly funded child	100696
care that was not provided.	100697

Sec. 5107.10. (A) As used in this section:

100698

(1) "Countable income," "gross earned income," and "gross	100699
unearned income" have the meanings established in rules adopted	100700
under section 5107.05 of the Revised Code.	100701

(2) "Federal poverty guidelines" has the same meaning as in	100702
section 5101.46 of the Revised Code, except that references to a	100703
person's family in the definition shall be deemed to be references	100704
to the person's assistance group.	100705

(3) "Gross income" means gross earned income and gross	100706
unearned income.	100707

(4) "Strike" means continuous concerted action in failing to	100708
report to duty; willful absence from one's position; or stoppage	100709
of work in whole from the full, faithful, and proper performance	100710
of the duties of employment, for the purpose of inducing,	100711
influencing, or coercing a change in wages, hours, terms, and	100712
other conditions of employment. "Strike" does not include a	100713
stoppage of work by employees in good faith because of dangerous	100714
or unhealthful working conditions at the place of employment that	100715
are abnormal to the place of employment.	100716

(B) Under the Ohio works first program, an assistance group	100717
shall receive, except as otherwise provided by this chapter,	100718
time-limited cash assistance. In the case of an assistance group	100719
that includes a minor head of household or adult, assistance shall	100720
be provided in accordance with the self-sufficiency contract	100721
entered into under section 5107.14 of the Revised Code.	100722

(C) To be eligible to participate in Ohio works first, an	100723
assistance group must meet all of the following requirements:	100724

(1) The assistance group, except as provided in division (E)	100725
of this section, must include at least one of the following:	100726

(a) A minor child who, except as provided in section 5107.24	100727
of the Revised Code, resides with a parent, or specified relative	100728
caring for the child, or, to the extent permitted by Title IV-A	100729
and federal regulations adopted until Title IV-A, resides with a	100730
guardian or custodian caring for the child;	100731

(b) A parent residing with and caring for the parent's minor	100732
child who receives supplemental security income under Title XVI of	100733
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	100734
as amended, or federal, state, or local adoption assistance;	100735

(c) A specified relative residing with and caring for a minor	100736
child who is related to the specified relative in a manner that	100737
makes the specified relative a specified relative and receives	100738
supplemental security income or federal, state, or local foster	100739
care or adoption assistance;	100740

(d) A woman at least six months pregnant.

100741

(2) The assistance group must meet the income requirements	100742
established by division (D) of this section.	100743

(3) No member of the assistance group may be involved in a	100744
strike.	100745

(4) The assistance group must satisfy the requirements for	100746
Ohio works first established by this chapter and ~~sections 5101.58,~~	100747
~~5101.59, and~~section 5101.83 of the Revised Code.	100748

(5) The assistance group must meet requirements for Ohio	100749
works first established by rules adopted under section 5107.05 of	100750
the Revised Code.	100751

(D)(1) Except as provided in division (D)(4) of this section,	100752
to determine whether an assistance group is initially eligible to	100753
participate in Ohio works first, a county department of job and	100754
family services shall do the following:	100755

(a) Determine whether the assistance group's gross income	100756
exceeds fifty per cent of the federal poverty guidelines. In	100757
making this determination, the county department shall disregard	100758
amounts that federal statutes or regulations and sections 5101.17	100759
and 5117.10 of the Revised Code require be disregarded. The	100760
assistance group is ineligible to participate in Ohio works first	100761
if the assistance group's gross income, less the amounts	100762
disregarded, exceeds fifty per cent of the federal poverty	100763
guidelines.	100764

(b) If the assistance group's gross income, less the amounts	100765
disregarded pursuant to division (D)(1)(a) of this section, does	100766
not exceed fifty per cent of the federal poverty guidelines,	100767
determine whether the assistance group's countable income is less	100768
than the payment standard. The assistance group is ineligible to	100769
participate in Ohio works first if the assistance group's	100770
countable income equals or exceeds the payment standard.	100771

(2) For the purpose of determining whether an assistance	100772
group meets the income requirement established by division	100773
(D)(1)(a) of this section, the annual revision that the United	100774
States department of health and human services makes to the	100775
federal poverty guidelines shall go into effect on the first day	100776
of July of the year for which the revision is made.	100777

(3) To determine whether an assistance group participating in	100778
Ohio works first continues to be eligible to participate, a county	100779
department of job and family services shall determine whether the	100780
assistance group's countable income continues to be less than the	100781
payment standard. In making this determination, the county	100782
department shall disregard the first two hundred fifty dollars and	100783
fifty per cent of the remainder of the assistance group's gross	100784
earned income. No amounts shall be disregarded from the assistance	100785
group's gross unearned income. The assistance group ceases to be	100786
eligible to participate in Ohio works first if its countable	100787
income, less the amounts disregarded, equals or exceeds the	100788
payment standard.	100789

(4) If an assistance group reapplies to participate in Ohio	100790
works first not more than four months after ceasing to	100791
participate, a county department of job and family services shall	100792
use the income requirement established by division (D)(3) of this	100793
section to determine eligibility for resumed participation rather	100794
than the income requirement established by division (D)(1) of this	100795
section.	100796

(E)(1) An assistance group may continue to participate in	100797
Ohio works first even though a public children services agency	100798
removes the assistance group's minor children from the assistance	100799
group's home due to abuse, neglect, or dependency if the agency	100800
does both of the following:	100801

(a) Notifies the county department of job and family services	100802
at the time the agency removes the children that it believes the	100803
children will be able to return to the assistance group within six	100804
months;	100805

(b) Informs the county department at the end of each of the	100806
first five months after the agency removes the children that the	100807
parent, guardian, custodian, or specified relative of the children	100808
is cooperating with the case plans prepared for the children under	100809
section 2151.412 of the Revised Code and that the agency is making	100810
reasonable efforts to return the children to the assistance group.	100811

(2) An assistance group may continue to participate in Ohio	100812
works first pursuant to division (E)(1) of this section for not	100813
more than six payment months. This division does not affect the	100814
eligibility of an assistance group that includes a woman at least	100815
six months pregnant.	100816

Sec. 5107.14. (A) An assistance group is ineligible to	100817
participate in Ohio works first unless the following enter into a	100818
written self-sufficiency contract with the county department of	100819
job and family services:	100820

(1) Each adult member of the assistance group;

100821

(2) The assistance group's minor head of household.

100822

(B) A self-sufficiency contract shall set forth the rights	100823
and responsibilities of the assistance group as applicants for and	100824
participants of Ohio works first. Each self-sufficiency contract	100825
shall include, based on appraisals conducted under section 5107.41	100826
of the Revised Code and assessments conducted under section	100827
5107.70 of the Revised Code, the following:	100828

(1) The assistance group's plan, developed under section	100829
5107.41 of the Revised Code, to achieve the goal of self	100830
sufficiency and personal responsibility through unsubsidized	100831
employment within the time limit for participating in Ohio works	100832
first established by section 5107.18 of the Revised Code;	100833

(2) Work activities, developmental activities, and	100834
alternative work activities to which members of the assistance	100835
group are assigned under sections 5107.40 to 5107.69 of the	100836
Revised Code;	100837

(3) The responsibility of a caretaker member of the	100838
assistance group to cooperate in establishing a minor child's	100839
paternity and establishing, modifying, and enforcing a support	100840
order for the child in accordance with section 5107.22 of the	100841
Revised Code;	100842

(4) Other responsibilities that members of the assistance	100843
group must satisfy to participate in Ohio works first and the	100844
consequences for failure or refusal to satisfy the	100845
responsibilities;	100846

(5) An agreement that, except as otherwise provided in a	100847
waiver issued under section 5107.714 of the Revised Code, the	100848
assistance group will comply with the conditions of participating	100849
in Ohio works first established by this chapter and ~~sections~~	100850
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	100851

(6) Assistance and services the county department will	100852
provide to the assistance group;	100853

(7) Assistance and services the child support enforcement	100854
agency and public children services agency will provide to the	100855
assistance group pursuant to a plan of cooperation entered into	100856
under section 307.983 of the Revised Code;	100857

(8) Other provisions designed to assist the assistance group	100858
in achieving self sufficiency and personal responsibility;	100859

(9) Procedures for assessing whether responsibilities are	100860
being satisfied and whether the contract should be amended;	100861

(10) Procedures for amending the contract.

100862

(C) No self-sufficiency contract shall include provisions	100863
regarding the LEAP program.	100864

(D) The county department shall provide without charge a copy	100865
of the self-sufficiency contract to each assistance group member	100866
who signs it.	100867

Sec. 5107.16. (A) If a member of an assistance group fails	100868
or refuses, without good cause, to comply in full with a provision	100869
of a self-sufficiency contract entered into under section 5107.14	100870
of the Revised Code, a county department of job and family	100871
services shall sanction the assistance group as follows:	100872

(1) For a first failure or refusal, the county department	100873
shall deny or terminate the assistance group's eligibility to	100874
participate in Ohio works first for one payment month or until the	100875
failure or refusal ceases, whichever is longer;	100876

(2) For a second failure or refusal, the county department	100877
shall deny or terminate the assistance group's eligibility to	100878
participate in Ohio works first for three payment months or until	100879
the failure or refusal ceases, whichever is longer;	100880

(3) For a third or subsequent failure or refusal, the county	100881
department shall deny or terminate the assistance group's	100882
eligibility to participate in Ohio works first for six payment	100883
months or until the failure or refusal ceases, whichever is	100884
longer.	100885

(B) The director of job and family services shall establish	100886
standards for the determination of good cause for failure or	100887
refusal to comply in full with a provision of a self-sufficiency	100888
contract in rules adopted under section 5107.05 of the Revised	100889
Code.	100890

(C) An assistance group member who fails or refuses, without	100891
good cause, to comply in full with a provision of a	100892
self-sufficiency contract must complete all compliance activities	100893
specified in rules adopted under section 5107.05 of the Revised	100894
Code in order for the failure or refusal to be considered to have	100895
ceased.	100896

(D) After sanctioning an assistance group under division (A)	100897
of this section, a county department of job and family services	100898
shall continue to work with the assistance group.	100899

(E) An adult eligible for medicaid ~~pursuant to division~~	100900
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	100901
under division (A)(3) of this section for a failure or refusal,	100902
without good cause, to comply in full with a provision of a	100903
self-sufficiency contract related to work responsibilities under	100904
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	100905
for medicaid unless the adult is otherwise eligible for medicaid	100906
pursuant to ~~another division of section 5111.01 of the Revised~~	100907
~~Code~~an eligibility category other than the category associated	100908
with Title IV-A.	100909

An assistance group that would be participating in Ohio works	100910
first if not for a sanction under this section shall continue to	100911
be eligible for all of the following:	100912

(1) Publicly funded child care in accordance with division	100913
(A)(3) of section 5104.30 of the Revised Code;	100914

(2) Support services in accordance with section 5107.66 of	100915
the Revised Code;	100916

(3) To the extent permitted by the "Fair Labor Standards Act	100917
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	100918
in work activities, developmental activities, and alternative work	100919
activities in accordance with sections 5107.40 to 5107.69 of the	100920
Revised Code.	100921

Sec. 5107.20. As used in this section, "support" means child	100922
support, spousal support, and support for a spouse or a former	100923
spouse.	100924

Participation in Ohio works first constitutes an assignment	100925
to the department of job and family services of any rights members	100926
of an assistance group have to support from any other person,	100927
~~excluding medical support assigned pursuant to section 5101.59 of~~	100928
~~the Revised Code~~. The rights to support assigned to the department	100929
pursuant to this section constitute an obligation of the person	100930
who is responsible for providing the support to the state for the	100931
amount of cash assistance provided to the assistance group.	100932

The office of child support in the department of job and	100933
family services shall collect and distribute support payments owed	100934
to Ohio works first participants, whether assigned to the	100935
department or unassigned, in accordance with 42 U.S.C. 654 B and	100936
657 and regulations adopted under those statutes, state statutes,	100937
and rules adopted under section 5107.05 of the Revised Code.	100938

Upon implementation of centralized collection and	100939
disbursement under Chapter 3121. of the Revised Code, in	100940
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	100941
under those statutes, the department shall deposit support	100942
payments it receives pursuant to this section into the state	100943
treasury to the credit of the child support collections fund or	100944
the child support administrative fund, both of which are hereby	100945
created. Money credited to the funds shall be used to make cash	100946
assistance payments under Ohio works first.	100947

Sec. 5107.24. (A) As used in this section:

100948

(1) "Adult-supervised living arrangement" means a family	100949
setting approved, licensed, or certified by the department of job	100950
and family services, the department of ~~mental health~~mental health	100951
and addiction services, the department of developmental	100952
disabilities, the department of youth services, a public children	100953
services agency, a private child placing agency, or a private	100954
noncustodial agency that is maintained by a person age eighteen or	100955
older who assumes responsibility for the care and control of a	100956
minor parent, pregnant minor, or child of a minor parent or	100957
provides the minor parent, pregnant minor, or child of a minor	100958
parent supportive services, including counseling, guidance, and	100959
supervision. "Adult-supervised living arrangement" does not mean a	100960
public institution.	100961

(2) "Child of a minor parent" means a child born to a minor	100962
parent, except that the child ceases to be considered a child of	100963
minor parent when the minor parent attains age eighteen.	100964

(3) "Minor parent" means a parent who is under age eighteen	100965
and is not married.	100966

(4) "Pregnant minor" means a pregnant person who is under age	100967
eighteen and not married.	100968

(B)(1) Except as provided in division (B)(2) of this section	100969
and to the extent permitted by Title IV-A and federal regulations	100970
adopted under Title IV-A, a pregnant minor, minor parent, or child	100971
of a minor parent must reside in a place of residence maintained	100972
by a parent, guardian, custodian, or specified relative of the	100973
pregnant minor or minor parent as the parent's, guardian's,	100974
custodian's, or specified relative's own home to be eligible to	100975
participate in Ohio works first.	100976

(2) To the extent permitted by Title IV-A and federal	100977
regulations adopted under it, a pregnant minor, minor parent, or	100978
child of a minor parent is exempt from the requirement of division	100979
(B)(1) of this section if any of the following apply:	100980

(a) The minor parent or pregnant minor does not have a	100981
parent, guardian, custodian, or specified relative living or whose	100982
whereabouts are known.	100983

(b) No parent, guardian, custodian, or specified relative of	100984
the minor parent or pregnant minor will allow the pregnant minor,	100985
minor parent, or minor parent's child to live in the parent's,	100986
guardian's, custodian's, or specified relative's home.	100987

(c) The department of job and family services, a county	100988
department of job and family services, or a public children	100989
services agency determines that the physical or emotional health	100990
or safety of the pregnant minor, minor parent, or minor parent's	100991
child would be in jeopardy if the pregnant minor, minor parent, or	100992
minor parent's child lived in the same home as the parent,	100993
guardian, custodian, or specified relative.	100994

(d) The department of job and family services, a county	100995
department of job and family services, or a public children	100996
services agency otherwise determines that it is in the best	100997
interest of the pregnant minor, minor parent, or minor parent's	100998
child to waive the requirement of division (B)(1) of this section.	100999

(C) A pregnant minor, minor parent, or child of a minor	101000
parent exempt from the requirement of division (B)(1) of this	101001
section must reside in an adult-supervised living arrangement to	101002
be eligible to participate in Ohio works first.	101003

(D) The department of job and family services, whenever	101004
possible and to the extent permitted by Title IV-A and federal	101005
regulations adopted under it, shall provide cash assistance under	101006
Ohio works first to the parent, guardian, custodian, or specified	101007
relative of a pregnant minor or minor parent on behalf of the	101008
pregnant minor, minor parent, or minor parent's child.	101009

Sec. 5107.26. (A) As used in this section:

101010

~~(1) "Transitional~~, "transitional child care" means publicly	101011
funded child care provided under division (A)(3) of section	101012
5104.34 of the Revised Code.	101013

~~(2) "Transitional medicaid" means the medical assistance~~	101014
~~provided under section 5111.0115 of the Revised Code.~~	101015

(B) Except as provided in division (C) of this section~~, each~~:

101016

(1) Each member of an assistance group participating in Ohio	101017
works first is ineligible to participate in the program for six	101018
payment months if a county department of job and family services	101019
determines that a member of the assistance group terminated the	101020
member's employment ~~and each~~.	101021

(2) Each person who, on the day prior to the day a recipient	101022
begins to receive transitional child care ~~or transitional~~	101023
~~medicaid~~, was a member of the recipient's assistance group is	101024
ineligible to participate in Ohio works first for six payment	101025
months if a county department determines that the recipient	101026
terminated the recipient's employment.	101027

(C) No assistance group member shall lose or be denied	101028
eligibility to participate in Ohio works first pursuant to	101029
division (B) of this section if the termination of employment was	101030
because an assistance group member or recipient of transitional	101031
child care ~~or transitional medicaid~~ secured comparable or better	101032
employment or the county department of job and family services	101033
certifies that the member or recipient terminated the employment	101034
with just cause.	101035

Just cause includes the following:

101036

(1) Discrimination by an employer based on age, race, sex,	101037
color, handicap, religious beliefs, or national origin;	101038

(2) Work demands or conditions that render continued	101039
employment unreasonable, such as working without being paid on	101040
schedule;	101041

(3) Employment that has become unsuitable due to any of the	101042
following:	101043

(a) The wage is less than the federal minimum wage;

101044

(b) The work is at a site subject to a strike or lockout,	101045
unless the strike has been enjoined under section 208 of the	101046
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	101047
178, as amended, an injunction has been issued under section 10 of	101048
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	101049
amended, or an injunction has been issued under section 4117.16 of	101050
the Revised Code;	101051

(c) The documented degree of risk to the member or	101052
recipient's health and safety is unreasonable;	101053

(d) The member or recipient is physically or mentally unfit	101054
to perform the employment, as documented by medical evidence or by	101055
reliable information from other sources.	101056

(4) Documented illness of the member or recipient or of	101057
another assistance group member of the member or recipient	101058
requiring the presence of the member or recipient;	101059

(5) A documented household emergency;

101060

(6) Lack of adequate child care for children of the member or	101061
recipient who are under six years of age.	101062

Sec. 5107.42. (A) Except as provided in divisions (B) and	101063
(C) of this section, county departments of job and family services	101064
shall assign each minor head of household and adult participating	101065
in Ohio works first, other than a minor head of household	101066
participating in the LEAP program, to one or more work activities	101067
and developmental activities.	101068

If a county department assigns a minor head of household or	101069
adult to the work activity established under division (H) of	101070
section 5107.60 of the Revised Code, the county department shall	101071
make reasonable efforts to assign the minor head of household or	101072
adult to at least one other work activity at the same time. If a	101073
county department assigns a minor head of household or adult to	101074
the work activity established under section 5107.58 of the Revised	101075
Code, the county department shall assign the minor head of	101076
household or adult to at least one other work activity at the same	101077
time.	101078

A county department may not assign a minor head of household	101079
or adult to a work activity established under division (D) of	101080
section 5107.60 of the Revised Code for more than twelve months.	101081

(B) If a county department determines that a minor head of	101082
household or adult has a temporary or permanent barrier to	101083
participation in a work activity, it may assign the minor head of	101084
household or adult to one or more alternative work activities	101085
instead of assigning the minor head of household or adult to one	101086
or more work activities or developmental activities. A county	101087
department may not assign more than twenty per cent of minor heads	101088
of household and adults participating in Ohio works first to an	101089
alternative work activity.	101090

County departments shall establish standards for determining	101091
whether a minor head of household or adult has a temporary or	101092
permanent barrier to participating in a work activity. The	101093
following are examples of circumstances that a county department	101094
may consider when it develops its standards:	101095

(1) A minor head of household or adult provides the county	101096
department documented evidence that one or more members of the	101097
assistance group have been the victim of domestic violence and are	101098
in imminent danger of suffering continued domestic violence;	101099

(2) A minor head of household or adult is actively	101100
participating in ~~an alcohol or drug~~a community addiction ~~program~~	101101
services provider certified by the department of ~~alcohol and drug~~	101102
~~addiction services~~mental health and addiction services under	101103
section ~~3793.06~~5119.36 of the Revised Code;	101104

(3) An assistance group is homeless.

101105

(C) A county department may exempt a minor head of household	101106
or adult who is unmarried and caring for a minor child under	101107
twelve months of age from the work requirements of sections	101108
5107.40 to 5107.69 of the Revised Code for not more than twelve	101109
months. While exempt, the minor head of household or adult shall	101110
be disregarded in determining whether the county department is	101111
meeting the requirement of section 5107.44 of the Revised Code.	101112
The county department shall assign the exempt minor head of	101113
household or adult to at least one developmental activity for a	101114
number of hours a week the county department determines. The	101115
county department may assign the exempt minor head of household or	101116
adult to one or more work activities, in addition to developmental	101117
activities, for a number of hours the county department	101118
determines. Division (B) of section 5107.43 of the Revised Code	101119
does not apply to the exempt minor head of household or adult.	101120

(D) A county department may reassign a minor head of	101121
household or adult when the county department determines	101122
reassignment will aid the assistance group in achieving self	101123
sufficiency and personal responsibility and shall make	101124
reassignments when circumstances requiring reassignment occur,	101125
including when a temporary barrier to participating in a work	101126
activity is eliminated.	101127

A county department shall include assignments in the	101128
self-sufficiency contract entered into under section 5107.14 of	101129
the Revised Code and shall amend the contract when a reassignment	101130
is made to include the reassignment in the contract.	101131

Sec. 5107.64. County departments of job and family services	101132
shall establish and administer alternative work activities for	101133
minor heads of households and adults participating in Ohio works	101134
first. In establishing alternative work activities, county	101135
departments are not limited by the restrictions Title IV-A imposes	101136
on work activities. The following are examples of alternative work	101137
activities that a county department may establish:	101138

(A) Parenting classes and life-skills training;

101139

(B) Participation in ~~an alcohol or drug~~a community addiction	101140
~~program~~services provider certified by the department of ~~alcohol~~	101141
~~and drug addiction services~~mental health and addiction services	101142
under section ~~3793.06~~5119.36 of the Revised Code;	101143

(C) In the case of a homeless assistance group, finding a	101144
home;	101145

(D) In the case of a minor head of household or adult with a	101146
disability, active work in an individual written rehabilitation	101147
plan with the ~~rehabilitation services commission~~opportunities for	101148
Ohioans with disabilities agency;	101149

(E) In the case of a minor head of household or adult who has	101150
been the victim of domestic violence, residing in a domestic	101151
violence shelter, receiving counseling or treatment related to the	101152
domestic violence, or participating in criminal justice activities	101153
against the domestic violence offender;	101154

(F) An education program under which a participant who does	101155
not speak English attends English as a second language course.	101156

Sec. 5115.20. (A) The department of job and family services	101157
shall establish a disability advocacy program and each county	101158
department of job and family services shall establish a disability	101159
advocacy program unit or join with other county departments of job	101160
and family services to establish a joint county disability	101161
advocacy program unit. Through the program the department and	101162
county departments shall cooperate in efforts to assist applicants	101163
for and recipients of assistance under the disability financial	101164
assistance program, who might be eligible for supplemental	101165
security income benefits under Title XVI of the "Social Security	101166
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	101167
applying for those benefits.	101168

As part of their disability advocacy programs, the state	101169
department and county departments may enter into contracts for the	101170
services of persons and government entities that in the judgment	101171
of the department or county department have demonstrated expertise	101172
in representing persons seeking supplemental security income	101173
benefits. Each contract shall require the person or entity with	101174
which a department contracts to assess each person referred to it	101175
by the department to determine whether the person appears to be	101176
eligible for supplemental security income benefits, and, if the	101177
person appears to be eligible, assist the person in applying and	101178
represent the person in any proceeding of the social security	101179
administration, including any appeal or reconsideration of a	101180
denial of benefits. The department or county department shall	101181
provide to the person or entity with which it contracts all	101182
records in its possession relevant to the application for	101183
supplemental security income benefits. The department shall	101184
require a county department with relevant records to submit them	101185
to the person or entity.	101186

(B) Each applicant for or recipient of disability financial	101187
assistance who, in the judgment of the department of job and	101188
family services or a county department of job and family services	101189
might be eligible for supplemental security benefits, shall, as a	101190
condition of eligibility for assistance, apply for such benefits	101191
if directed to do so by the department or county department.	101192

(C) With regard to applicants for and recipients of	101193
disability financial assistance, each county department of job and	101194
family services shall do all of the following:	101195

(1) Identify applicants and recipients who might be eligible	101196
for supplemental security income benefits;	101197

(2) Assist applicants and recipients in securing	101198
documentation of disabling conditions or refer them for such	101199
assistance to a person or government entity with which the	101200
department of job and family services or county department has	101201
contracted under division (A) of this section;	101202

(3) Inform applicants and recipients of available sources of	101203
representation, which may include a person or government entity	101204
with which the department or county department has contracted	101205
under division (A) of this section, and of their right to	101206
represent themselves in reconsiderations and appeals of social	101207
security administration decisions that deny them supplemental	101208
security income benefits. The county department may require the	101209
applicants and recipients, as a condition of eligibility for	101210
assistance, to pursue reconsiderations and appeals of social	101211
security administration decisions that deny them supplemental	101212
security income benefits, and shall assist applicants and	101213
recipients as necessary to obtain such benefits or refer them to a	101214
person or government entity with which the department or county	101215
department has contracted under division (A) of this section.	101216

(4) Require applicants and recipients who, in the judgment of	101217
the county department, are or may be aged, blind, or disabled, to	101218
apply for ~~medical assistance under Chapter 5111. of the Revised~~	101219
~~Code~~the medicaid program, make determinations when appropriate as	101220
to eligibility for ~~medical assistance~~medicaid, and refer their	101221
applications when necessary to the disability determination unit	101222
established in accordance with division (F) of this section for	101223
expedited review;	101224

(5) Require each applicant and recipient who in the judgment	101225
of the department or the county department might be eligible for	101226
supplemental security income benefits, as a condition of	101227
eligibility for disability financial assistance, to execute a	101228
written authorization for the secretary of health and human	101229
services to withhold benefits due that individual and pay to the	101230
director of job and family services or the director's designee an	101231
amount sufficient to reimburse the state and county shares of	101232
interim assistance furnished to the individual. For the purposes	101233
of division (C)(5) of this section, "benefits" and "interim	101234
assistance" have the meanings given in Title XVI of the "Social	101235
Security Act."	101236

(D) The director of job and family services shall adopt rules	101237
in accordance with section 111.15 of the Revised Code for the	101238
effective administration of the disability advocacy program. The	101239
rules shall include all of the following:	101240

(1) Methods to be used in collecting information from and	101241
disseminating it to county departments, including the following:	101242

(a) The number of individuals in the county who are disabled	101243
recipients of disability financial assistance;	101244

(b) The final decision made either by the social security	101245
administration or by a court for each application or	101246
reconsideration in which an individual was assisted pursuant to	101247
this section.	101248

(2) The type and process of training to be provided by the	101249
department of job and family services to the employees of the	101250
county department of job and family services who perform duties	101251
under this section;	101252

(3) Requirements for the written authorization required by	101253
division (C)(5) of this section.	101254

(E) The department of job and family services shall provide	101255
basic and continuing training to employees of the county	101256
department of job and family services who perform duties under	101257
this section. Training shall include but not be limited to all	101258
processes necessary to obtain federal disability benefits, and	101259
methods of advocacy.	101260

(F) The department of medicaid shall establish a disability	101261
determination unit and develop guidelines for expediting reviews	101262
of applications for ~~medical assistance under Chapter 5111. of the~~	101263
~~Revised Code~~the medicaid program for persons who have been	101264
referred to the unit under division (C)(4) of this section. The	101265
department of medicaid shall make determinations of eligibility	101266
for ~~medical assistance~~medicaid for any such person within the	101267
time prescribed by federal regulations.	101268

(G) The department of job and family services may, under	101269
rules the director of job and family services adopts in accordance	101270
with section 111.15 of the Revised Code, pay a portion of the	101271
federal reimbursement described in division (C)(5) of this section	101272
to persons or government entities that assist or represent	101273
assistance recipients in reconsiderations and appeals of social	101274
security administration decisions denying them supplemental	101275
security income benefits.	101276

(H) The director of job and family services shall conduct	101277
investigations to determine whether disability advocacy programs	101278
are being administered in compliance with the Revised Code and the	101279
rules adopted by the director pursuant to this section.	101280

Sec. 5117.10. (A) On or before the fifteenth day of January,	101281
the director of development shall pay each applicant determined	101282
eligible for a payment under divisions (A) and (B) of section	101283
5117.07 of the Revised Code one hundred twenty-five dollars.	101284

(B) The director may withhold from any payment to which a	101285
person would otherwise be entitled under division (A) of this	101286
section any amount that the director determines was erroneously	101287
received by such person in a preceding year under this or the	101288
program established under Am. Sub. H.B. 230, as amended by Am.	101289
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	101290
523 of the 112th general assembly, provided the director has	101291
employed all other legal methods reasonably available to obtain	101292
reimbursement for the erroneous payment or credit prior to the	101293
commencement of the current program year.	101294

(C) Payments made under this section and credits granted	101295
under section 5117.09 of the Revised Code shall not be considered	101296
income for the purpose of determining eligibility or the level of	101297
benefits or assistance under section 329.042 or Chapters 5107.,	101298
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	101299
supplemental security income payments under Title XVI of the	101300
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	101301
amended; or any other program under which eligibility or the level	101302
of benefits or assistance is based upon need measured by income.	101303

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

101304

(1) "Addiction" means the chronic and habitual use of	101305
alcoholic beverages, the use of a drug of abuse as defined in	101306
section 3719.011 of the Revised Code, or the use of gambling by an	101307
individual to the extent that the individual no longer can control	101308
the individual's use of alcohol, the individual becomes physically	101309
or psychologically dependent on the drug, the individual's use of	101310
alcohol or drugs endangers the health, safety, or welfare of the	101311
individual or others, or the individual's gambling causes	101312
psychological, financial, emotional, marital, legal, or other	101313
difficulties endangering the health, safety, or welfare of the	101314
individual or others.	101315

(2) "Addiction services" means services, including	101316
intervention, for the treatment of persons with alcohol, drug, or	101317
gambling addictions, and for the prevention of such addictions.	101318

(3) "Alcohol and drug addiction services" means services,	101319
including intervention, for the treatment of alcoholics or persons	101320
who abuse drugs of abuse and for the prevention of alcoholism and	101321
drug addiction.	101322

(4) "Alcoholic" means a person suffering from alcoholism.

101323

(5) "Alcoholism" means the chronic and habitual use of	101324
alcoholic beverages by an individual to the extent that the	101325
individual no longer can control the individual's use of alcohol	101326
or endangers the health, safety, or welfare of the individual or	101327
others.	101328

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

101329

~~(3)~~(6) "Community addiction services provider" means an	101330
agency, association, corporation, individual, or program that	101331
provides community alcohol, drug addiction, or gambling addiction	101332
services that are certified by the department of mental health and	101333
addiction services under section 5119.36 of the Revised Code.	101334

(7) "Community mental health services provider" means an	101335
agency, association, corporation, individual, or program that	101336
provides community mental health services that are certified by	101337
the department of mental health and addiction services under	101338
section 5119.36 of the Revised Code.	101339

(8) "Drug addiction" means the use of a drug of abuse, as	101340
defined in section 3719.011 of the Revised Code, by an individual	101341
to the extent that the individual becomes physically or	101342
psychologically dependent on the drug or endangers the health,	101343
safety, or welfare of the individual or others.	101344

~~(4) "Alcohol and drug addiction services" means services,~~	101345
~~including intervention, for the treatment of alcoholics or persons~~	101346
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	101347
~~drug addiction.~~	101348

~~(5) "Alcohol and drug addiction program" means a program that~~	101349
~~provides alcohol or drug addiction services and includes a~~	101350
~~facility or entity that operates such a program.~~	101351

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	101352
individual to the extent that it causes psychological, financial,	101353
emotional, marital, legal, or other difficulties endangering the	101354
health, safety, or welfare of the individual or others.	101355

~~(7)~~(10) "Gambling addiction services" means services for the	101356
treatment of persons who have a gambling addiction and for the	101357
prevention of gambling addiction.	101358

(11) "Hospital" means a hospital or inpatient unit licensed	101359
by the department of mental health and addiction services under	101360
section 5119.33 of the Revised Code, and any institution,	101361
hospital, or other place established, controlled, or supervised by	101362
the department under Chapter 5119. of the Revised Code.	101363

(12) "Mental illness" means a substantial disorder of	101364
thought, mood, perception, orientation, or memory that grossly	101365
impairs judgment, behavior, capacity to recognize reality, or	101366
ability to meet the ordinary demands of life.	101367

(13) "Mental health services" means services for the	101368
assessment, care, or treatment of persons who have a mental	101369
illness as defined in this section.	101370

(14)(a) "Residence" means a person's physical presence in a	101371
county with intent to remain there, except in either of the	101372
following circumstances:	101373

(i) If a person is receiving a mental health service at a	101374
facility that includes nighttime sleeping accommodations,	101375
"residence" means that county in which the person maintained the	101376
person's primary place of residence at the time the person entered	101377
the facility;	101378

(ii) If a person is committed pursuant to section 2945.38,	101379
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	101380
"residence" means the county where the criminal charges were	101381
filed.	101382

(b) When the residence of a person is disputed, the matter of	101383
residence shall be referred to the department of mental health and	101384
addiction services for investigation and determination. Residence	101385
shall not be a basis for a board of alcohol, drug addiction, and	101386
mental health services to deny services to any person present in	101387
the board's service district, and the board shall provide services	101388
for a person whose residence is in dispute while residence is	101389
being determined and for a person in an emergency situation.	101390

(B) Any reference in this chapter to a board of alcohol, drug	101391
addiction, and mental health services also refers to an alcohol	101392
and drug addiction services board or a community mental health	101393
board in a service district in which an alcohol and drug addiction	101394
services board or a community mental health board has been	101395
established under section 340.021 or former section 340.02 of the	101396
Revised Code.	101397

Sec. 5119.04. The department of ~~mental health~~mental health	101398
and addiction services and any institutions under its supervision	101399
or jurisdiction shall, where applicable, be in substantial	101400
compliance with standards set forth for psychiatric facilities by	101401
the joint commission ~~on accreditation of healthcare organizations~~	101402
or medical assistance standards under Title XIX of the "Social	101403
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	101404
other applicable standards~~, except that the department and any~~	101405
~~institution under its supervision or jurisdiction shall be in~~	101406
~~substantial compliance with standards for physical facilities and~~	101407
~~equipment by July 1, 1989. The requirements of this section do not~~	101408
~~apply to any facility designated by the director of mental health~~	101409
~~for use as a psychiatric rehabilitation center~~.	101410

The requirements of this section are in addition to any other	101411
requirements established by the Revised Code and nothing in this	101412
section shall be construed to limit any rights, privileges,	101413
protections, or immunities which may exist under the constitution	101414
and laws of the United States or this state.	101415

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	101416
of ~~mental health~~mental health and addiction services, each	101417
institution under the jurisdiction of the department shall be	101418
under the management and control of a managing officer to be known	101419
as a ~~superintendent~~chief executive officer or by another	101420
appropriate title. Such managing officer shall be appointed by the	101421
director of ~~mental health~~mental health and addiction services,	101422
and shall be in the unclassified service and serve at the pleasure	101423
of the director. Each managing officer shall be of good moral	101424
character and have skill, ability, and experience in ~~his~~the	101425
managing officer's profession. ~~Appointment to this position may be~~	101426
~~made from persons holding positions in the classified service in~~	101427
~~the department.~~	101428

The managing officer, under the director, shall ~~have entire~~	101429
~~executive charge~~serve as the appointing authority of the	101430
institution ~~for~~to which such managing officer is appointed.	101431
Subject to civil service rules, the managing officer shall have	101432
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	101433
~~the director may remove such employees for cause~~of the	101434
institution. On behalf of the institution, the managing officer	101435
has the authority and responsibility for entering into contracts	101436
and other agreements for the efficient operations of the	101437
institution.	101438

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	101439
mental health and addiction services shall keep in its office a	101440
proper and complete set of books and accounts with each	101441
institution, which shall clearly show the nature and amount of	101442
every expenditure authorized and made at such institution, and	101443
which shall contain an account of all appropriations made by the	101444
general assembly and of all other funds, together with the	101445
disposition of such funds.	101446

The department shall prescribe the form of vouchers, records,	101447
and methods of keeping accounts at each of the institutions, which	101448
shall be as nearly uniform as possible. The department may examine	101449
the records of each institution at any time.	101450

The department may authorize any of its ~~bookeepers~~	101451
bookkeepers, accountants, or employees to examine and check the	101452
records, accounts, and vouchers or take an inventory of the	101453
property of any institution, or do whatever is necessary, and pay	101454
the actual and reasonable expenses incurred in such service when	101455
an itemized account is filed and approved.	101456

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	101457
health and addiction services shall keep in its office, accessible	101458
only to its employees, except by the consent of the department or	101459
the order of the judge of a court of record, a record showing the	101460
name, residence, sex, age, nativity, occupation, condition, and	101461
date of entrance or commitment of every patient in the	101462
institutions governed by it, the date, cause, and terms of	101463
discharge and the condition of such person at the time of leaving,	101464
and also a record of all transfers from one institution to	101465
another, and, if such person dies while in the care or custody of	101466
the department, the date and cause of death. These and such other	101467
facts as the department requires shall be furnished by the	101468
managing officer of each institution within twenty-four hours	101469
after the commitment, entrance, death, or discharge of a patient.	101470

In case of an accident or injury or peculiar death of a	101471
patient the managing officer shall make a special report to the	101472
department within twenty-four hours thereafter, giving the	101473
circumstances as fully as possible.	101474

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	101475
file a petition in the court of common pleas of the county in	101476
which a benevolent institution of the department of mental health	101477
and addiction services is located, in which petition the desire to	101478
erect or carry on at a less distance than that prescribed in	101479
section 3767.19 of the Revised Code shall be set forth, the	101480
business prohibited, the precise point of its establishment, and	101481
the reasons and circumstances, in its opinion, why the erection or	101482
carrying on ~~thereof~~of the business would not annoy or endanger	101483
the health, convenience, or recovery of the patients of such	101484
institution. The petitioner shall give notice in a newspaper of	101485
general circulation in the county of the pendency and prayer of	101486
the petition for at least six consecutive weeks before the day set	101487
for hearing the petition and serve a written notice upon the	101488
~~superintendent~~managing officer of the institution at least thirty	101489
days before the day set for hearing the petition.	101490

If, upon the hearing of the petition, it appears that the	101491
notice has been given as required and the court is of the opinion	101492
that no good reason exists why such establishment may not be	101493
erected or such business carried on and that by the erection or	101494
carrying on ~~thereof~~of the business at the point named, the	101495
institution will sustain no detriment, the court may issue an	101496
order granting the prayer of the petitioner. Thereafter the	101497
petitioner may locate such establishment or carry on such business	101498
at the point named in the petition.	101499

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	101500
has the same meaning as in section 109.511 of the Revised Code.	101501

(B)(1) Subject to division (C) of this section, upon the	101502
recommendation of the director of ~~mental health~~mental health and	101503
addiction services, the managing officer of an institution under	101504
the jurisdiction of the department of ~~mental health~~mental health	101505
and addiction services may designate one or more employees to be	101506
special police officers of the department. The special police	101507
officers shall take an oath of office, wear the badge of office,	101508
and give bond for the proper and faithful discharge of their	101509
duties in an amount that the director requires.	101510

(2) In accordance with section 109.77 of the Revised Code,	101511
the special police officers shall be required to complete	101512
successfully a peace officer basic training program approved by	101513
the Ohio peace officer training commission and to be certified by	101514
the commission. The cost of the training shall be paid by the	101515
department of ~~mental health~~mental health and addiction services.	101516

(3) Special police officers, on the premises of institutions	101517
under the jurisdiction of the department of ~~mental health~~mental	101518
health and addiction services and subject to the rules of the	101519
department, shall protect the property of the institutions and the	101520
persons and property of patients in the institutions, suppress	101521
riots, disturbances, and breaches of the peace, and enforce the	101522
laws of the state and the rules of the department for the	101523
preservation of good order. They may arrest any person without a	101524
warrant and detain the person until a warrant can be obtained	101525
under the circumstances described in division (F) of section	101526
2935.03 of the Revised Code.	101527

(C)(1) The managing officer of an institution under the	101528
jurisdiction of the department of ~~mental health~~mental health and	101529
addiction services shall not designate an employee as a special	101530
police officer of the department pursuant to division (B)(1) of	101531
this section on a permanent basis, on a temporary basis, for a	101532
probationary term, or on other than a permanent basis if the	101533
employee previously has been convicted of or has pleaded guilty to	101534
a felony.	101535

(2)(a) The managing officer of an institution under the	101536
jurisdiction of the department of ~~mental health~~mental health and	101537
addiction services shall terminate the employment as a special	101538
police officer of the department of an employee designated as a	101539
special police officer under division (B)(1) of this section if	101540
that employee does either of the following:	101541

(i) Pleads guilty to a felony;

101542

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	101543
plea agreement as provided in division (D) of section 2929.43 of	101544
the Revised Code in which the employee agrees to surrender the	101545
certificate awarded to that employee under section 109.77 of the	101546
Revised Code.	101547

(b) The managing officer shall suspend from employment as a	101548
special police officer of the department an employee designated as	101549
a special police officer under division (B)(1) of this section if	101550
that employee is convicted, after trial, of a felony. If the	101551
special police officer files an appeal from that conviction and	101552
the conviction is upheld by the highest court to which the appeal	101553
is taken or if the special police officer does not file a timely	101554
appeal, the managing officer shall terminate the employment of	101555
that special police officer. If the special police officer files	101556
an appeal that results in that special police officer's acquittal	101557
of the felony or conviction of a misdemeanor, or in the dismissal	101558
of the felony charge against that special police officer, the	101559
managing officer shall reinstate that special police officer. A	101560
special police officer of the department who is reinstated under	101561
division (C)(2)(b) of this section shall not receive any back pay	101562
unless that special police officer's conviction of the felony was	101563
reversed on appeal, or the felony charge was dismissed, because	101564
the court found insufficient evidence to convict the special	101565
police officer of the felony.	101566

(3) Division (C) of this section does not apply regarding an	101567
offense that was committed prior to January 1, 1997.	101568

(4) The suspension from employment, or the termination of the	101569
employment, of a special police officer under division (C)(2) of	101570
this section shall be in accordance with ~~Chapter 119. of the~~	101571
~~Revised Code~~applicable collective bargaining agreements.	101572

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	101573
all ~~suits~~claims instituted on behalf of or against the department	101574
of mental health and addiction services or any institution under	101575
the jurisdiction of the department ~~of mental health~~ and the	101576
managing officer thereof, except such institutions as are	101577
privately owned or operated under a license from the department of	101578
~~mental health~~mental health and addiction services, and shall	101579
represent the public hospital in proceedings under section 5122.15	101580
of the Revised Code. The department of ~~mental health~~mental health	101581
and addiction services shall reimburse the attorney general for	101582
the compensation of assistant attorneys general required to	101583
represent the public hospital in proceedings under section 5122.15	101584
of the Revised code and shall also pay the costs of litigation	101585
incurred by the attorney general under that section.	101586

If a writ of habeas corpus is applied for, the clerk of the	101587
court shall give notice of the time and place of hearing to the	101588
attorney general.	101589

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	101590
mental health and addiction services is the chief executive and	101591
~~administrative officer~~appointing authority of the department of	101592
~~mental health~~mental health and addiction services. The director	101593
may organize the department for its efficient operation, including	101594
creating divisions or offices as necessary. The director may	101595
establish procedures for the governance of the department, conduct	101596
of its employees and officers, performance of its business, and	101597
custody, use, and preservation of departmental records, papers,	101598
books, documents, and property. Whenever the Revised Code imposes	101599
a duty upon or requires an action of the department or any of its	101600
institutions, the director or the director's designee shall	101601
perform the action or duty in the name of the department, except	101602
that the medical director appointed pursuant to section ~~5119.07~~	101603
5119.11 of the Revised Code shall be responsible for decisions	101604
relating to medical diagnosis, treatment, rehabilitation, quality	101605
assurance, and the clinical aspects of the following: licensure of	101606
hospitals and residential facilities, research, community	101607
addiction and mental health services plans, and certification and	101608
delivery of mental health and addiction services.	101609

(B) The director shall:

101610

~~(A)~~(1) Adopt rules for the proper execution of the powers and	101611
duties of the department with respect to the institutions under	101612
its control, and require the performance of additional duties by	101613
the officers of the institutions as necessary to fully meet the	101614
requirements, intents, and purposes of this chapter. In case of an	101615
apparent conflict between the powers conferred upon any managing	101616
officer and those conferred by such sections upon the department,	101617
the presumption shall be conclusive in favor of the department.	101618

~~(B)~~(2) Adopt rules for the nonpartisan management of the	101619
institutions under the department's control. An officer or	101620
employee of the department or any officer or employee of any	101621
institution under its control who, by solicitation or otherwise,	101622
exerts influence directly or indirectly to induce any other	101623
officer or employee of the department or any of its institutions	101624
to adopt the exerting officer's or employee's political views or	101625
to favor any particular person, issue, or candidate for office	101626
shall be removed from the exerting officer's or employee's office	101627
or position, by the department in case of an officer or employee,	101628
and by the governor in case of the director.	101629

~~(C)~~(3) Appoint such employees, including the medical	101630
director, as are necessary for the efficient conduct of the	101631
department, and prescribe their titles and duties;	101632

~~(D)~~(4) Prescribe the forms of affidavits, applications,	101633
medical certificates, orders of hospitalization and release, and	101634
all other forms, reports, and records that are required in the	101635
hospitalization or admission and release of all persons to the	101636
institutions under the control of the department, or are otherwise	101637
required under this chapter or Chapter 5122. of the Revised Code;	101638

~~(E) Contract with hospitals licensed by the department under~~	101639
~~section 5119.20 of the Revised Code for the care and treatment of~~	101640
~~mentally ill patients, or with persons, organizations, or agencies~~	101641
~~for the custody, evaluation, supervision, care, or treatment of~~	101642
~~mentally ill persons receiving services elsewhere than within the~~	101643
~~enclosure of a hospital operated under section 5119.02 of the~~	101644
~~Revised Code;~~	101645

~~(F)~~(5) Exercise the powers and perform the duties relating to	101646
community addiction and mental health facilities and services that	101647
are assigned to the director under this chapter and Chapter 340.	101648
of the Revised Code;	101649

~~(G)~~(6) Develop and implement clinical evaluation and	101650
monitoring of services that are operated by the department;	101651

~~(H)~~(7) Adopt rules establishing standards for the performance	101652
of evaluations by a forensic center or other psychiatric program	101653
or facility of the mental condition of defendants ordered by the	101654
court under section 2919.271, or 2945.371 of the Revised Code, and	101655
for the treatment of defendants who have been found incompetent to	101656
stand trial and ordered by the court under section 2945.38,	101657
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	101658
treatment in facilities;	101659

~~(I)~~(8) On behalf of the department, have the authority and	101660
responsibility for entering into contracts and other agreements;	101661
with providers, agencies, institutions, and other entities, both	101662
public and private, as necessary for the department to carry out	101663
its duties under this chapter and Chapters 340., 2919., 2945., and	101664
5122. of the Revised Code. Chapter 125. of the Revised Code does	101665
not apply to contracts the director enters into under this section	101666
for services provided to individuals with mental illness by	101667
providers, agencies, institutions, and other entities not owned or	101668
operated by the department.	101669

~~(J) Prepare and publish regularly a state mental health plan~~	101670
~~that describes the department's philosophy, current activities,~~	101671
~~and long-term and short-term goals and activities;~~	101672

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	101673
Revised Code specifying the supplemental services that may be	101674
provided through a trust authorized by section 5815.28 of the	101675
Revised Code;	101676

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	101677
Revised Code establishing standards for the maintenance and	101678
distribution to a beneficiary of assets of a trust authorized by	101679
section 5815.28 of the Revised Code.	101680

(C) The director may contract with hospitals licensed by the	101681
department under section 5119.33 of the Revised Code for the care	101682
and treatment of mentally ill patients, or with persons,	101683
organizations, or agencies for the custody, evaluation,	101684
supervision, care, or treatment of mentally ill persons receiving	101685
services elsewhere than within the enclosure of a hospital	101686
operated under section 5119.14 of the Revised Code.	101687

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	101688
mental health and addiction services shall appoint a medical	101689
director who ~~is a psychiatrist as defined in division (E) of~~	101690
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	101691
the American board of psychiatry and neurology or the American	101692
osteopathic board of neurology and psychiatry, and has at least	101693
five years of clinical and two years of administrative experience.	101694
The medical director shall also have certification or substantial	101695
training and experience in the field of addiction medicine or	101696
addiction psychiatry. The medical director shall be responsible	101697
for decisions relating to medical diagnosis, treatment,	101698
prevention, rehabilitation, quality assurance, and the clinical	101699
aspects of mental health and addiction services involving all of	101700
the following: ~~licensure~~	101701

(1) Licensure of hospitals ~~and~~, residential facilities,	101702
~~research, community mental health~~and outpatient facilities;	101703

(2) Research;

101704

(3) Community addiction and mental health services plans,;

101705

(4) Certification and delivery of mental health and addiction	101706
services. ~~The~~	101707

(B) The medical director shall also exercise clinical	101708
supervision of the chief clinical officers of hospitals and	101709
institutions under the jurisdiction of the department and shall	101710
review and approve decisions relating to the employment of the	101711
chief clinical officers. The medical director or ~~his~~the medical	101712
director's designee shall advise the director on matters relating	101713
to licensure, research, ~~community mental health plans,~~ and the	101714
certification and delivery of mental health and addiction services	101715
and community plans. The medical director shall participate in the	101716
development of guidelines for community addiction and mental	101717
health services plans. The director of ~~mental health~~mental	101718
health and addiction services may establish other duties of the	101719
medical director. ~~The medical director shall participate in the~~	101720
~~development of guidelines for community mental health plans.~~	101721

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	101722
mental health and addiction services shall maintain, operate,	101723
manage, and govern state institutions and other services for the	101724
care and treatment of mentally ill persons.	101725

(B)(1) The department of ~~mental health~~mental health and	101726
addiction services may, with the approval of the governor,	101727
designate ~~all~~the name and purpose of any institutions under its	101728
jurisdiction ~~by appropriate respective names, regardless of~~	101729
~~present statutory designation~~and may change, with the approval of	101730
the governor, the designation and name when necessary.	101731

~~(C)~~(2) The department shall divide the state into districts	101732
for the purpose of designating the institution in which mentally	101733
ill persons are hospitalized and may change the districts.	101734

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	101735
of the Revised Code and on the agreement of the departments of	101736
~~mental health~~mental health and addiction services and youth	101737
services, the department of ~~mental health~~mental health and	101738
addiction services may receive from the department of youth	101739
services for psychiatric observation, diagnosis, or treatment any	101740
person eighteen years of age or older in the custody of the	101741
department of youth services. The departments ~~shall~~may enter into	101742
a written agreement specifying the procedures necessary to	101743
implement this division.	101744

~~(D)~~(C) The department of ~~mental health~~mental health and	101745
addiction services shall designate hospitals, facilities, and	101746
community mental health ~~agencies~~services providers for the	101747
custody, care, and special treatment of, and authorize payment for	101748
such custody, care, and special treatment provided to, persons who	101749
are charged with a crime and who are found incompetent to stand	101750
trial or not guilty by reason of insanity.	101751

~~(E)~~(D) The department of ~~mental health~~mental health and	101752
addiction services may do ~~all~~any of the following:	101753

(1) Require reports from the managing officer of any	101754
institution under the department's jurisdiction, relating to the	101755
admission, examination, comprehensive evaluation, diagnosis,	101756
release, or discharge of any patient;	101757

(2) Visit each institution regularly to review its operations	101758
and to investigate complaints made by any patient or by any person	101759
on behalf of a patient, provided these duties may be performed by	101760
a person designated by the director.	101761

~~(F) The department of mental health shall divide the state~~	101762
~~into districts for the purpose of designating the institution in~~	101763
~~which mentally ill persons are hospitalized, and may change the~~	101764
~~districts.~~	101765

~~(G)~~(E) The department of mental health and addiction services	101766
may provide or contract to provide addiction services for	101767
offenders incarcerated in the state prison system.	101768

(F) In addition to the powers expressly conferred, the	101769
department of ~~mental health~~mental health and addiction services	101770
shall have all powers and authority necessary for the full and	101771
efficient exercise of the executive, administrative, and fiscal	101772
supervision over the state institutions described in this section.	101773

~~(H) The department of mental health may provide for the~~	101774
~~custody, supervision, control, treatment, and training of mentally~~	101775
~~ill persons hospitalized elsewhere than within the enclosure of a~~	101776
~~hospital, if the department so determines with respect to any~~	101777
~~individual or group of individuals. In all such cases, the~~	101778
~~department shall ensure adequate and proper supervision for the~~	101779
~~protection of such persons and of the public.~~	101780

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	101781
mental health and addiction services has all the authority	101782
necessary to carry out its powers and duties under this chapter	101783
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	101784
including the authority to adopt rules pursuant to Chapter 119. of	101785
the Revised Code that may be necessary to carry out the purposes	101786
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	101787
Revised Code.	101788

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	101789
health and addiction services may make such investigations as are	101790
necessary in the performance of its duties and to that end the	101791
director of ~~mental health~~mental health and addiction services	101792
shall have the same power as a judge of a county court to	101793
administer oaths and to enforce the attendance and testimony of	101794
witnesses and the production of books or papers.	101795

The department shall keep a record of such investigations	101796
stating the time, place, charges or subject, witnesses summoned	101797
and examined, and its conclusions.	101798

In matters involving the conduct of an officer, a	101799
stenographic report of the evidence shall be taken and a copy of	101800
such report, with all documents introduced, kept on file at the	101801
office of the department.	101802

The fees of witnesses for attendance and travel shall be the	101803
same as in the court of common pleas, but no officer or employee	101804
of the institution under investigation is entitled to such fees.	101805

Any judge of the probate court or of the court of common	101806
pleas, upon application of the department, may compel the	101807
attendance of witnesses, the production of books or papers, and	101808
the giving of testimony before the department, by a judgment for	101809
contempt or otherwise, in the same manner as in cases before such	101810
courts.	101811

The department of ~~mental health~~mental health and addiction	101812
services may appoint and commission any competent agency or	101813
person, to serve without compensation, as a special agent,	101814
investigator, or representative to perform a designated duty for	101815
the department. Specific credentials shall be given by the	101816
department to each person so designated. Each credential shall	101817
state the:	101818

(A) Name of the agent, investigator, or representative;

101819

(B) Agency with which such person is connected;

101820

101821

(D) Date of expiration of appointment;

101822

(E) Such information as the department considers proper.

101823

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	101824
~~addiction services~~mental health and addiction services, in	101825
conjunction with the department of job and family services, shall	101826
develop a joint state plan to improve the accessibility and	101827
timeliness of alcohol and drug addiction services for individuals	101828
identified by a public children services agency as in need of	101829
those services. The plan shall address the fact that Ohio works	101830
first participants may be among the persons receiving services	101831
under section 340.15 of the Revised Code and shall require the	101832
department of job and family services to seek federal funds	101833
available under Title IV-A of the "Social Security Act," 49 Stat.	101834
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	101835
services to Ohio works first participants who are receiving	101836
services under section 340.15 of the Revised Code.	101837

The plan shall address the need and manner for sharing	101838
information and include a request for the general assembly to	101839
appropriate an amount of funds specified in the report to be used	101840
by the departments to pay for services under section 340.15 of the	101841
Revised Code. The departments shall review and amend the plan as	101842
necessary.	101843

Not later than the first day of July of each even-numbered	101844
year, the departments shall submit a report on the progress made	101845
under the joint state plan to the governor, president of the	101846
senate, and speaker of the house of representatives. The report	101847
shall include information on treatment capacity, needs	101848
assessments, and number of individuals who received services	101849
pursuant to section 340.15 of the Revised Code.	101850

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	101851
~~addiction services~~mental health and addiction services, in	101852
accordance with division (B) of this section, shall give priority	101853
to developing, and promptly shall develop, with available public	101854
and private resources a program that does all of the following:	101855

(1) Provides a manner of identifying the aggregate number of	101856
pregnant women in this state who are addicted to a drug of abuse;	101857

(2) Provides for an effective means of intervention to	101858
eliminate the addiction of pregnant women to drugs of abuse prior	101859
to the birth of their children;	101860

(3) Provides for the continued monitoring of women who were	101861
addicted to a drug of abuse during their pregnancies, after the	101862
birth of their children, and for the availability of treatment and	101863
rehabilitation for those women;	101864

(4) Provides a manner of determining the aggregate number of	101865
children who are born in this state to women who are addicted, at	101866
the time of birth, to a drug of abuse, and of children who are	101867
born in this state with an addiction to or a dependency on a drug	101868
of abuse;	101869

(5) Provides for the continued monitoring of children who are	101870
born in this state to women who are addicted, at the time of	101871
birth, to a drug of abuse, or who are born in this state with an	101872
addiction to or dependency on a drug of abuse, after their birth;	101873

(6) Provides for the treatment and rehabilitation of any	101874
child who is born to a woman who is addicted, at the time of	101875
birth, to a drug of abuse, and of any child who is born with an	101876
addiction to or dependency on a drug of abuse.	101877

(B) In developing the program described in division (A) of	101878
this section, the department may obtain information from the	101879
department of health and the department of job and family	101880
services, and those departments shall cooperate with the	101881
department of ~~alcohol and drug addiction services~~mental health	101882
and addiction services in its development and implementation of	101883
the program.	101884

(C) Immediately upon its development of the program described	101885
in division (A) of this section, the department shall implement	101886
the program.	101887

(D) Any record or information that is obtained or maintained	101888
by the department in connection with the program described in	101889
division (A) of this section and could enable the identification	101890
of any woman or child described in division (A)(1) or (4) of this	101891
section is not a public record subject to inspection or copying	101892
under section 149.43 of the Revised Code.	101893

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	101894
person who holds a certified or permanent position in the	101895
classified service within the department of ~~mental health~~mental	101896
health and addiction services to a position in the unclassified	101897
service within the department. A person appointed pursuant to this	101898
section to a position in the unclassified service shall retain the	101899
right to resume the position and status held by the person in the	101900
classified service immediately prior to the person's appointment	101901
to the position in the unclassified service, ~~regardless of the~~	101902
~~number of positions the person held in the unclassified service.~~	101903
~~An employee's right to resume a position in the classified service~~	101904
~~may only be exercised when an appointing authority demotes the~~	101905
~~employee to a pay range lower than the employee's current pay~~	101906
~~range or revokes the employee's appointment to the unclassified~~	101907
~~service. An employee forfeits the right to resume a position in~~	101908
~~the classified service when the employee is removed from the~~	101909
~~position in the unclassified service due to incompetence,~~	101910
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	101911
~~insubordination, discourteous treatment of the public, neglect of~~	101912
~~duty, violation of this chapter or Chapter 124. of the Revised~~	101913
~~Code, violation of the rules of the director of administrative~~	101914
~~services or the director of mental health, any other failure of~~	101915
~~good behavior, any other acts of misfeasance, malfeasance, or~~	101916
~~nonfeasance in office, or conviction of a felony. An employee also~~	101917
~~forfeits the right to resume a position in the classified service~~	101918
~~upon transfer to a different agency.~~	101919

~~Reinstatement to a position in the classified service shall~~	101920
~~be to a position substantially equal to that position in the~~	101921
~~classified service held previously, as certified by the director~~	101922
~~of administrative services. If the position the person previously~~	101923
~~held in the classified service has been placed in the unclassified~~	101924
~~service or is otherwise unavailable, the person shall be appointed~~	101925
~~to a position in the classified service within the department that~~	101926
~~the director of administrative services certifies is comparable in~~	101927
~~compensation to the position the person previously held in the~~	101928
~~classified service. Service in the position in the unclassified~~	101929
~~service shall be counted as service in the position in the~~	101930
~~classified service held by the person immediately prior to the~~	101931
~~person's appointment to the position in the unclassified service.~~	101932
~~When a person is reinstated to a position in the classified~~	101933
~~service as provided in this section, the person is entitled to all~~	101934
~~rights, status, and benefits accruing to the position in the~~	101935
~~classified service during the person's time of service in the~~	101936
~~position in the unclassified service~~pursuant to division (D) of	101937
section 124.11 of the Revised Code.	101938

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	101939
appoint a person to fill a position in either the classified or	101940
unclassified service of the department of ~~mental health~~mental	101941
health and addiction services if the person has been convicted of	101942
or pleaded guilty to a violation of the following:	101943

(1) Any felony contained in the Revised Code, if the felony	101944
bears a direct and substantial relationship to the position being	101945
filled;	101946

(2) Any crime contained in the Revised Code constituting a	101947
misdemeanor of the first degree on the first offense and a felony	101948
on subsequent offenses, if the crime bears a direct and	101949
substantial relationship to the position being filled;	101950

(3) An existing or former law of this state, any other state,	101951
or the United States, if the law violated is substantially	101952
equivalent to any of the offenses described in division (A)(1) or	101953
(2) of this section.	101954

(B) The director of ~~mental health~~mental health and addiction	101955
services shall adopt rules, in accordance with Chapter 119. of the	101956
Revised Code, to implement this section.	101957

(C) The director or an appointing officer shall request the	101958
bureau of criminal identification and investigation created by	101959
section 109.51 of the Revised Code or, at ~~his~~the director's or	101960
appointing officer's discretion, any other state or federal	101961
agency, to supply ~~him~~the director or appointing officer with a	101962
written report regarding the criminal records of any applicant.	101963
For each investigation undertaken at the department's request	101964
under this section, the department shall pay a reasonable fee to	101965
the bureau or other state or federal agency conducting the	101966
investigation. The amount of the fee shall be determined by the	101967
bureau or other state or federal agency conducting the	101968
investigation and shall be sufficient to cover the costs of	101969
conducting the investigation. The report made by the bureau or	101970
other state or federal agency is not a public record for purposes	101971
of section 149.43 of the Revised Code and shall not be made	101972
available to any person, except the applicant, the director, the	101973
appointing officer or ~~his designee~~the appointing officer's	101974
designees, or any hearing officer involved in a case denying	101975
employment.	101976

(D) As used in this section, "applicant" means a person who	101977
is under final consideration for appointment to a position in the	101978
classified or unclassified service of the department of ~~mental~~	101979
~~health~~mental health and addiction services.	101980

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	101981
mental health and addiction services may require any of its	101982
employees and each officer and employee of every institution under	101983
its control who may be charged with custody or control of any	101984
money or property belonging to the state or who is required to	101985
give bond, to give a surety company bond, properly conditioned, in	101986
a sum to be fixed by the department which when approved by the	101987
department, shall be filed in the office of the secretary of	101988
state. The cost of such bonds, when approved by the department,	101989
shall be paid from funds available for the department. The bonds	101990
required or authorized by this section may, in the discretion of	101991
the director of ~~mental health~~mental health and addiction	101992
services, be individual, schedule, or blanket bonds.	101993

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	101994
mental health and addiction services may provide educational	101995
grants or tuition reimbursements to upgrade the education,	101996
training, and professional achievement of its employees, whenever	101997
it determines that provision of such grants or reimbursements is	101998
essential to the achievement of its goals. The department may	101999
enter into agreements with its employees for the purposes of this	102000
section. The agreements may require, as a condition of each grant	102001
or reimbursement, that the employee continue employment with the	102002
department or with another federal, state, or local public agency	102003
designated by the department for a period of time stated in the	102004
agreement. If an employee does not fulfill the employment	102005
requirement stated in the agreement, the department may take	102006
action to recover the amount of all educational grants or tuition	102007
reimbursements paid to the employee under this section, plus	102008
interest at the rate of ten per cent per year calculated from the	102009
date of payment of each grant or reimbursement.	102010

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	102011
"physician" means an individual authorized under Chapter 4731. of	102012
the Revised Code to practice medicine and surgery or osteopathic	102013
medicine and surgery.	102014

(B) The department of ~~mental health~~mental health and	102015
addiction services may establish a physician recruitment program	102016
under which the department agrees to repay all or part of the	102017
principal and interest of a government or other educational loan	102018
incurred by a physician who agrees to provide services to	102019
inpatients and outpatients of institutions under the department's	102020
administration. To be eligible to participate in the program, a	102021
physician must have attended a school that was, at the time of	102022
attendance, a medical school or osteopathic medical school in this	102023
country accredited by the liason committee on medical education or	102024
the American osteopathic association, or a medical school or	102025
osteopathic medical school located outside this country that was	102026
acknowledged by the world health organization and verified by a	102027
member state of that organization as operating within that state's	102028
jurisdiction.	102029

(C) The department shall enter into a contract with each	102030
physician it recruits under this section. Each contract shall	102031
include at least the following terms:	102032

(1) The physician agrees to provide a specified scope of	102033
medical or osteopathic medical services for a specified number of	102034
hours per week and a specified number of years to patients of one	102035
or more specified institutions administered by the department.	102036

(2) The department agrees to repay all or a specified portion	102037
of the principal and interest of a government or other educational	102038
loan taken by the physician for the following expenses if the	102039
physician meets the service obligation agreed to and the expenses	102040
were incurred while the physician was enrolled in, for up to a	102041
maximum of four years, a school that qualifies the physician to	102042
participate in the program:	102043

(a) Tuition;

102044

(b) Other educational expenses for specific purposes,	102045
including fees, books, and laboratory expenses, in amounts	102046
determined to be reasonable in accordance with rules adopted under	102047
division (D) of this section;	102048

(c) Room and board, in an amount determined to be reasonable	102049
in accordance with rules adopted under division (D) of this	102050
section.	102051

(3) The physician agrees to pay the department a specified	102052
amount, which shall be not less than the amount already paid by	102053
the department pursuant to its agreement, as damages if hethe	102054
physician fails to complete the service obligation agreed to or	102055
fails to comply with other specified terms of the contract. The	102056
contract may vary the amount of damages based on the portion of	102057
the physician's service obligation that remains uncompleted as	102058
determined by the department.	102059

(4) Other terms agreed upon by the parties.

102060

(D) If the department elects to implement the physician	102061
recruitment program, it shall adopt rules in accordance with	102062
Chapter 119. of the Revised Code that establish all of the	102063
following:	102064

(1) Criteria for designating institutions for which	102065
physicians will be recruited;	102066

(2) Criteria for selecting physicians for participation in	102067
the program;	102068

(3) Criteria for determining the portion of a physician's	102069
loan that the department will agree to repay;	102070

(4) Criteria for determining reasonable amounts of the	102071
expenses described in divisions (C)(2)(b) and (c) of this section;	102072

(5) Procedures for monitoring compliance by physicians with	102073
the terms of their contracts;	102074

(6) Any other criteria or procedures necessary to implement	102075
the program.	102076

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	102077
mental health and addiction services or the managing officer of an	102078
institution of the department may enter into an agreement with	102079
boards of trustees or boards of directors of one or more	102080
institutions of higher education or hospitals licensed pursuant to	102081
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	102082
and conduct collaborative training efforts for students enrolled	102083
in courses of studies for occupations or professions ~~which may be~~	102084
~~determined by the director upon the approval of the medical~~	102085
~~director to be in occupations or professions needed to provide~~	102086
~~adequate~~that involve the care and treatment for persons receiving	102087
mental health or addiction services.	102088

(B) Such collaborative training efforts may include but are	102089
not limited to programs in psychiatry, psychology, nursing, social	102090
work, counseling professions, and others considered appropriate by	102091
the director of ~~mental health~~mental health and addiction	102092
services. Any such program shall be approved or accredited by its	102093
respective professional organization or state board having	102094
jurisdiction over the profession.	102095

(1) The department shall require that the following be	102096
provided for in agreements between the department and institutions	102097
of higher education or hospitals licensed pursuant to section	102098
~~5119.20~~5119.33 of the Revised Code:	102099

(a) Establishment of inter-disciplinary committees to advise	102100
persons responsible for training programs. Each committee shall	102101
have representation drawn from the geographical community the	102102
institution of higher education or hospital serves and shall	102103
include representatives of agencies, boards, targeted populations	102104
as determined by the department, racial and ethnic minority	102105
groups, and publicly funded programs;	102106

(b) Funding procedures;

102107

(c) Specific outcomes and accomplishments that are expected	102108
or required of a program under such agreement;	102109

(d) The types of services to be provided under such	102110
agreement.	102111

(2) The department may require that the following be provided	102112
for in agreements between the department and institutions of	102113
higher education or hospitals licensed pursuant to section ~~5119.20~~	102114
5119.33 of the Revised Code:	102115

(a) Special arrangements for individual residents or trainees	102116
to encourage their employment in publicly funded settings upon	102117
completion of their training;	102118

(b) Procedures for the selection of residents or trainees to	102119
promote the admission, retention, and graduation of women,	102120
minorities, and ~~handicapped~~disabled persons;	102121

(c) Cross-cultural training and other subjects considered	102122
necessary to enhance training efforts and the care and treatment	102123
of patients and clients;	102124

(d) Funding of faculty positions oriented toward meeting the	102125
needs of publicly funded programs.	102126

Subject to appropriations by the general assembly, the	102127
director of ~~mental health~~mental health and addiction services has	102128
final approval of the funding of these collaborative training	102129
efforts.	102130

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	102131
instruction and training of all persons in institutions under the	102132
control of the department of ~~mental health~~mental health and	102133
addiction services shall be subject to the approval of the	102134
superintendent of public instruction.	102135

All teachers employed in institutions under the control of	102136
the department of ~~mental health~~mental health and addiction	102137
services shall possess such educator licenses or have such	102138
qualifications and approval as the superintendent of public	102139
instruction, after consulting with the officers in charge of the	102140
institutions, prescribes for the various types of service in the	102141
institutions.	102142

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	102143
correctional institution" has the same meaning as in section	102144
2967.01 of the Revised Code.	102145

(B) The department of ~~alcohol and drug addiction services~~	102146
mental health and addiction services shall develop a program that	102147
is designed to educate and train the employees of each state	102148
correctional institution, the employees of each department of	102149
youth services institution, and other persons associated by	102150
contract or otherwise with each state correctional institution or	102151
each department of youth services institution, who will be	102152
responsible for the conduct of, or otherwise providing treatment	102153
or rehabilitation services pursuant to, a substance abuse	102154
treatment or rehabilitation program offered in the institution to	102155
adult prisoners or juvenile offenders. Upon the development of the	102156
educational and training program, the department of ~~alcohol and~~	102157
~~drug addiction services~~mental health and addiction services	102158
promptly shall commence its implementation. The department of	102159
~~alcohol and drug addiction services~~mental health and addiction	102160
services may charge to the department of rehabilitation and	102161
correction and to the department of youth services a reasonable	102162
annual fee that reflects the expenses incurred by it during the	102163
immediately preceding calendar year in preparing and offering the	102164
educational and training program during that year to the	102165
respective employees and other associated persons described in	102166
this division.	102167

The director of rehabilitation and correction and the	102168
director of youth services shall require the respective employees	102169
and other associated persons described in this division to attend	102170
and successfully complete the educational and training program	102171
developed pursuant to this division as a condition of their	102172
continuing to have responsibility for the conduct of, or their	102173
continuing to provide treatment or rehabilitation services	102174
pursuant to, any treatment or rehabilitation program that is	102175
offered in a state correctional institution or in a department of	102176
youth services institution to adult prisoners or juvenile	102177
offenders. If the department of ~~alcohol and drug addiction~~	102178
~~services~~mental health and addiction services charges a reasonable	102179
annual fee as described in this division, the director involved	102180
shall cause that fee to be paid from any available funds of the	102181
department of rehabilitation and correction or any available funds	102182
of the department of youth services.	102183

(C) The department of rehabilitation and correction and the	102184
department of ~~alcohol and drug addiction services~~mental health	102185
and addiction services jointly shall develop program	102186
specifications for the alcohol and drug addiction treatment	102187
programs offered in state correctional institutions.	102188

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	102189
~~addiction services~~mental health and addiction services may	102190
acquire by purchase, lease, or otherwise such real and personal	102191
property rights in the name of the state as are necessary for the	102192
purposes of the department. ~~The~~	102193

(B) When it is necessary for a state institution under the	102194
jurisdiction of the department to acquire any real estate,	102195
right-of-way, or easement in real estate in order to accomplish	102196
the purposes for which it was organized or is being conducted, and	102197
the department is unable to agree with the owner of such property	102198
upon the price to be paid for the property, such property may be	102199
appropriated in the manner provided for the appropriation of	102200
property for other state purposes.	102201

(C) The director~~, with the approval of the governor and the~~	102202
~~attorney general,~~ may work with the department of administrative	102203
services to sell, lease, or exchange portions of real and personal	102204
property of the department when the sale, lease, or exchange is	102205
advantageous to the state. Money received from such sales, leases,	102206
or exchanges shall be credited to the ~~general revenue~~the	102207
department of mental health and addiction services trust fund,	102208
created in section 5119.46 of the Revised Code.	102209

(D) Any instrument by which real property is acquired	102210
pursuant to this section shall identify the agency of the state	102211
that has the use and benefit of the real property as specified in	102212
section 5301.012 of the Revised Code.	102213

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	102214
mental health and addiction services shall:	102215

~~(A)~~(1) To the extent the department has available resources	102216
and in consultation with boards of alcohol, drug addiction, and	102217
mental health services, support a ~~community support system~~	102218
continuum of care in accordance with ~~section 340.03~~Chapter 340.	102219
of the Revised Code on a district or multi-district basis. The	102220
department shall define the essential elements of a ~~community~~	102221
~~support system~~continuum of care, shall assist in identifying	102222
resources, and may prioritize support for one or more of the	102223
elements.	102224

~~(B) Operate inpatient and other mental health services;~~

102225

~~(C)~~(2) Provide training, consultation, and technical	102226
assistance regarding mental health ~~programs~~ and addiction services	102227
and appropriate prevention, recovery, and mental health promotion	102228
activities, including those that are culturally ~~sensitive~~	102229
competent, to employees of the department, community mental health	102230
~~agencies~~ and addiction services providers, boards of alcohol, drug	102231
addiction, and mental health services, and other agencies	102232
providing mental health and addiction services;	102233

~~(D)~~(3) To the extent the department has available resources,	102234
promote and support a full range of mental health and addiction	102235
services that are available and accessible to all residents of	102236
this state, especially for severely mentally disabled children,	102237
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	102238
custodians of children at risk of abuse or neglect, and other	102239
special target populations, including racial and ethnic	102240
minorities, as determined by the department;	102241

~~(E)~~(4) Develop standards and measures for evaluating the	102242
effectiveness of mental health and addiction services, including	102243
services that use methadone treatment, of gambling addiction	102244
services, and for increasing the accountability of mental health	102245
and alcohol and addiction services providers and of gambling	102246
addiction services providers;	102247

(5) Design and set criteria for the determination of ~~severe~~	102248
~~mental disability~~priority populations;	102249

~~(F) Establish standards for evaluation of mental health~~	102250
~~programs;~~	102251

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	102252
research, taking ethnic and racial differences into consideration,	102253
concerning the causes and prevention of mental illness and	102254
addiction, methods of providing effective services and treatment,	102255
and means of enhancing the mental health of and recovery from	102256
addiction of all residents of this state;	102257

~~(H)~~(7) Foster the establishment and availability of	102258
vocational rehabilitation services and the creation of employment	102259
opportunities for consumers of mental health and addiction	102260
services, including members of racial and ethnic minorities;	102261

~~(I)~~(8) Establish a program to protect and promote the rights	102262
of persons receiving mental health and addiction services,	102263
including the issuance of guidelines on informed consent and other	102264
rights;	102265

~~(J) Establish, in consultation with board of alcohol, drug~~	102266
~~addiction, and mental health services representatives and after~~	102267
~~consideration of the recommendations of the medical director,~~	102268
~~guidelines for the development of community mental health plans~~	102269
~~and the review and approval or disapproval of such plans submitted~~	102270
~~pursuant to section 340.03 of the Revised Code;~~	102271

~~(K)~~(9) Promote the involvement of persons who are receiving	102272
or have received mental health or addiction services, including	102273
families and other persons having a close relationship to a person	102274
receiving ~~mental health~~those services, in the planning,	102275
evaluation, delivery, and operation of mental health and addiction	102276
services;	102277

~~(L)~~(10) Notify and consult with the relevant constituencies	102278
that may be affected by rules, standards, and guidelines issued by	102279
the department of ~~mental health~~mental health and addiction	102280
services. These constituencies shall include consumers of mental	102281
health and addiction services and their families, and may include	102282
public and private providers, employee organizations, and others	102283
when appropriate. Whenever the department proposes the adoption,	102284
amendment, or rescission of rules under Chapter 119. of the	102285
Revised Code, the notification and consultation required by this	102286
division shall occur prior to the commencement of proceedings	102287
under Chapter 119. The department shall adopt rules under Chapter	102288
119. of the Revised Code that establish procedures for the	102289
notification and consultation required by this division.	102290

~~(M) In cooperation with board of alcohol, drug addiction, and~~	102291
~~mental health services representatives, provide training regarding~~	102292
~~the provision of community-based mental health services to those~~	102293
~~department employees who are utilized in state-operated,~~	102294
~~community-based mental health services;~~	102295

~~(N)~~(11) Provide consultation to the department of	102296
rehabilitation and correction concerning the delivery of mental	102297
health and addiction services in state correctional institutions.	102298

(12) Promote and coordinate efforts in the provision of	102299
alcohol and drug addiction services and of gambling addiction	102300
services by other state agencies, as defined in section 1.60 of	102301
the Revised Code; courts; hospitals; clinics; physicians in	102302
private practice; public health authorities; boards of alcohol,	102303
drug addiction, and mental health services; alcohol and drug	102304
addiction services providers; law enforcement agencies; gambling	102305
addiction services providers; and related groups;	102306

(13) Provide to each court of record, and biennially update,	102307
a list of the treatment and education programs within that court's	102308
jurisdiction that the court may require an offender, sentenced	102309
pursuant to section 4511.19 of the Revised Code, to attend;	102310

(14) Make the warning sign described in sections 3313.752,	102311
3345.41, and 3707.50 of the Revised Code available on the	102312
department's internet web site;	102313

(15) Provide a program of gambling addiction services on	102314
behalf of the state lottery commission, pursuant to an agreement	102315
entered into with the director of the commission under division	102316
(K) of section 3770.02 of the Revised Code, and provide a program	102317
of gambling addiction services on behalf of the Ohio casino	102318
control commission, under an agreement entered into with the	102319
executive director of the commission under section 3772.062 of the	102320
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	102321
Constitution, the department may enter into agreements with boards	102322
of alcohol, drug addiction, and mental health services, including	102323
boards with districts in which a casino facility is not located,	102324
and nonprofit organizations to provide gambling addiction services	102325
and substance abuse services, and with state institutions of	102326
higher education or private nonprofit institutions that possess a	102327
certificate of authorization issued under Chapter 1713. of the	102328
Revised Code to perform related research.	102329

(B) The department may accept and administer grants from	102330
public or private sources for carrying out any of the duties	102331
enumerated in this section.	102332

(C) Pursuant to Chapter 119. of the Revised Code, the	102333
department shall adopt a rule defining the term "intervention" as	102334
it is used in this chapter in connection with alcohol and drug	102335
addiction services and in connection with gambling addiction	102336
services. The department may adopt other rules as necessary to	102337
implement the requirements of this chapter.	102338

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	102339
~~refers to a board of alcohol, drug addiction, and mental health~~	102340
~~services also refers to the community mental health board in an~~	102341
~~alcohol, drug addiction, and mental health service district that~~	102342
~~has a community mental health board.~~	102343

The director of ~~mental health~~mental health and addiction	102344
services with respect to all mental health and addiction	102345
facilities and ~~programs~~services established and operated or	102346
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	102347
~~and emotionally disturbed persons~~, shall do all of the following:	102348

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	102349
that may be necessary to carry out the purposes of ~~Chapter~~this	102350
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	102351
the Revised Code.	102352

~~(1) The rules shall include the following:~~

102353

~~(a) Rules governing a community mental health agency's~~	102354
~~services under section 340.091 of the Revised Code to an~~	102355
~~individual referred to the agency under division (D)(2) of section~~	102356
~~5119.69 of the Revised Code;~~	102357

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	102358
~~the Revised Code, rules governing the duties of mental health~~	102359
~~agencies and boards of alcohol, drug addiction, and mental health~~	102360
~~services regarding referrals of individuals with mental illness or~~	102361
~~severe mental disability to residential facilities as defined in~~	102362
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	102363
~~effective arrangements for ongoing mental health services for the~~	102364
~~individuals. .~~	102365

~~(2) Rules may be adopted to govern the method of paying a~~	102366
~~community mental health facility, as defined in section 5111.023~~	102367
~~of the Revised Code, for providing services listed in division (B)~~	102368
~~of that section. Such rules must be consistent with the contract~~	102369
~~entered into between the departments of job and family services~~	102370
~~and mental health under section 5111.91 of the Revised Code and~~	102371
~~include requirements ensuring appropriate service utilization.~~	102372

(B) Review and evaluate~~, and~~the continuum of care in each	102373
service district, taking into account the findings and	102374
recommendations of the board of alcohol, drug addiction, and	102375
mental health services of the district ~~served by the program~~	102376
submitted under division (A)(4) of section 340.03 of the Revised	102377
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	102378
~~mental health plan~~department, including the needs of residents of	102379
the district ~~now residing in state mental institutions~~currently	102380
receiving services in state-operated hospitals, and make	102381
recommendations for needed improvements to boards of alcohol, drug	102382
addiction, and mental health services;	102383

(C) ~~Provide consultative services to community mental health~~	102384
~~agencies with the knowledge and cooperation of the board of~~	102385
~~alcohol, drug addiction, and mental health services;~~	102386

~~(D)~~ At the director's discretion, provide to boards of	102387
alcohol, drug addiction, and mental health services state or	102388
federal funds, in addition to those allocated under section	102389
~~5119.62~~5119.23 of the Revised Code, for special programs or	102390
projects the director considers necessary but for which local	102391
funds are not available;	102392

(D) Establish, in consultation with board of alcohol, drug	102393
addiction, and mental health service representatives and after	102394
consideration of the recommendations of the medical director,	102395
guidelines for the development of community mental health and	102396
addiction services plans and the review and approval or	102397
disapproval of such plans submitted pursuant to section 340.03 of	102398
the Revised Code.	102399

(E) Establish criteria by which a board of alcohol, drug	102400
addiction, and mental health services reviews and evaluates the	102401
quality, effectiveness, and efficiency of its contracted services	102402
~~provided through its community mental health plan~~. The criteria	102403
shall include requirements ensuring appropriate service	102404
utilization. The department shall assess a board's evaluation of	102405
services and the compliance of each board with this section,	102406
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	102407
state or federal law and regulations. The department, in	102408
cooperation with the board, periodically shall review and evaluate	102409
the quality, effectiveness, and efficiency of services provided	102410
through each board. The department shall collect information that	102411
is necessary to perform these functions.	102412

(F) To the extent the director determines necessary and after	102413
consulting with boards of alcohol, drug addiction, and mental	102414
health services, develop and operate, or contract for the	102415
operation of, a community ~~mental~~behavioral health information	102416
system or systems. The department shall specify the information	102417
that must be provided by boards of alcohol, drug addiction, and	102418
mental health services and by community addiction and mental	102419
health services providers for inclusion in the system or systems.	102420

Boards of alcohol, drug addiction, and mental health services	102421
and community addiction and mental health services providers shall	102422
submit information requested by the department in the form and	102423
manner and in accordance with time frames prescribed by the	102424
department. Information collected by the department ~~shall~~may	102425
include~~, but not be limited to,~~ all of the following:	102426

(1) Information ~~regarding units of~~on services provided in	102427
~~whole or in part under contract with a board, including diagnosis~~	102428
~~and special needs, demographic information, the number of units of~~	102429
~~service provided, past treatment, financial status, and service~~	102430
~~dates in accordance with rules adopted by the department in~~	102431
~~accordance with Chapter 119. of the Revised Code~~;	102432

(2) Financial information ~~other than price or price-related~~	102433
~~data~~ regarding expenditures of ~~boards and community mental health~~	102434
~~agencies, including units of service provided, budgeted and actual~~	102435
~~expenses by type, and sources of~~federal, state, or local funds;	102436

(3) Information about persons served.

102437

~~Boards shall submit the information specified in division~~	102438
~~(F)(1) of this section no less frequently than annually for each~~	102439
~~client, and each time the client's case is opened or closed.~~ The	102440
department shall not collect any personal information from the	102441
boards except as required or permitted by state or federal law for	102442
purposes related to payment, health care operations, program and	102443
service evaluation, reporting activities, research, system	102444
administration, and oversight.	102445

(G)(1) Review each board's community mental health and	102446
addiction services plan, budget, and statement of services to be	102447
made available submitted pursuant to ~~section~~sections 340.03 and	102448
340.08 of the Revised Code and approve or disapprove itthe plan,	102449
the budget, and the statement of services in whole or in part.	102450
~~Periodically, in consultation with representatives of boards and~~	102451
~~after considering the recommendations of the medical director, the~~	102452
~~director shall issue criteria for determining when a plan is~~	102453
~~complete, criteria for plan approval or disapproval, and~~	102454
~~provisions for conditional approval. The factors that the director~~	102455
~~considers may include, but are not limited to, the following:~~	102456

~~(1) The mental health needs of all persons residing within~~	102457
~~the board's service district, especially severely mentally~~	102458
~~disabled children, adolescents, and adults;~~	102459

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	102460
~~cultural relevance of the services provided in each service~~	102461
~~district, the extent to which any services are duplicative of~~	102462
~~other available services, and whether the services meet the needs~~	102463
~~identified above;~~	102464

~~(3) The adequacy of the board's accounting for the~~	102465
~~expenditure of funds.~~	102466

~~If the director disapproves all or part of any plan, the~~	102467
~~director shall provide the board an opportunity to present its~~	102468
~~position. The director shall inform the board of the reasons for~~	102469
~~the disapproval and of the criteria that must be met before the~~	102470
~~plan may be approved. The director shall give the board a~~	102471
~~reasonable time within which to meet the criteria, and shall offer~~	102472
~~technical assistance to the board to help it meet the criteria.~~	102473

~~If the approval of a plan remains in dispute, the board or~~	102474
~~the director may request that the dispute be submitted to a~~	102475
~~mutually agreed upon third-party mediator with the cost to be~~	102476
~~shared by the board and the department. The mediator shall issue~~	102477
~~to the board and the department recommendations for resolution of~~	102478
~~the dispute. The director, taking into consideration the~~	102479
~~recommendations of the mediator, shall make a final determination~~	102480
~~and approve or disapprove the plan, in whole or in part~~The	102481
department may withhold all or part of the funds allocated to a	102482
board if it disapproves all or part of a plan, budget, or	102483
statement of services. Prior to a final decision to disapprove a	102484
plan, budget, or statement of services, or to withhold funds from	102485
a board, a representative of the director of mental health and	102486
addiction services shall meet with the board and discuss the	102487
reason for the action the department proposes to take and any	102488
corrective action that should be taken to make the plan, budget,	102489
or statement of services acceptable to the department. In	102490
addition, the department shall offer technical assistance to the	102491
board to assist it to make the plan, budget, or statement of	102492
services acceptable. The department shall give the board a	102493
reasonable time in which to revise the plan, budget, or statement	102494
of services. The board thereafter shall submit a revised plan,	102495
budget, or statement of services, or a new plan, budget, or	102496
statement of services.	102497

(2) If a board determines that it is necessary to amend the	102498
plan, budget, or statement of services that has been approved	102499
under this section, the board shall submit the proposed amendment	102500
to the department. The department may approve or disapprove all or	102501
part of the amendment.	102502

(3) If the director disapproves of all or part of any	102503
proposed amendment, the director shall provide the board an	102504
opportunity to present its position. The director shall inform the	102505
board of the reasons for the disapproval and of the criteria that	102506
must be met before the proposed amendment may be approved. The	102507
director shall give the board a reasonable time within which to	102508
meet the criteria and shall offer technical assistance to the	102509
board to help it meet the criteria.	102510

(4) The department shall establish procedures for the review	102511
of plans, budgets, and statements of services, and a timetable for	102512
submission and review of plans, budgets, and statements of	102513
services and for corrective action and submission of new or	102514
revised plans, budgets, and statements of services.	102515

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	102516
mental health and addiction services shall establish a methodology	102517
for allocating to boards of alcohol, drug addiction, and mental	102518
health services the funds appropriated by the general assembly to	102519
the department for the purpose of local mental health ~~systems~~and	102520
addiction services continuums of care. The department shall	102521
establish the methodology after notifying and consulting with	102522
relevant constituencies as required by division ~~(L)~~(A)(10) of	102523
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	102524
provide for the funds to be allocated to boards on a district or	102525
multi-district basis. ~~Subject~~	102526

(B) Subject to ~~sections 5119.622 and 5119.623~~section	102527
5119.25 of the Revised Code, and to required submissions and	102528
approvals under section 340.08 of the Revised Code, the department	102529
shall allocate the funds to the boards in a manner consistent with	102530
the methodology, this section, other state and federal laws,	102531
rules, and regulations.	102532

~~(B) The department may allocate to boards a portion of the~~	102533
~~funds appropriated by the general assembly to the department for~~	102534
~~the operation of state hospital services. If the department~~	102535
~~allocates the funds, the department shall do all of the following:~~	102536

~~(1) In consultation with the boards:~~

102537

~~(a) Annually determine the unit costs of providing state~~	102538
~~hospital services; and~~	102539

~~(b) Establish the methodology for allocating the funds to the~~	102540
~~boards.~~	102541

~~(2) Determine the type of unit costs of providing state~~	102542
~~hospital services to be included as a factor in the methodology~~	102543
~~and include that unit cost as a factor in the methodology;~~	102544

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	102545
~~Code, allocate the funds to the boards in a manner consistent with~~	102546
~~the methodology, this section, other state and federal laws,~~	102547
~~rules, and regulations.~~	102548

~~(c) Not later than the first day of April of each year, the~~	102549
~~department shall notify each board of the department's estimate of~~	102550
~~the amount of funds to be allocated to the board under this~~	102551
~~section during the fiscal year beginning on the next July first.~~	102552
~~If the department makes an allocation under division (B) of this~~	102553
~~section, the department shall also notify each board of the unit~~	102554
~~costs of providing state hospital services for the upcoming fiscal~~	102555
~~year as determined under that division. Not later than the first~~	102556
~~day of May of each year, each board shall notify the department as~~	102557
~~to which of the following options it has elected for the upcoming~~	102558
~~fiscal year:~~	102559

~~(1) The board elects to accept distribution of the amount~~	102560
~~allocated to it under this section. Funds distributed to each~~	102561
~~board shall be used to supplement and not to supplant other state,~~	102562
~~local, or federal funds that are being used to support~~	102563
~~community-based programs for severely mentally disabled children,~~	102564
~~adolescents, and adults, unless the funds have been specifically~~	102565
~~designated for the initiation of programs in accordance with the~~	102566
~~community mental health plan developed and submitted under section~~	102567
~~340.03 and approved under section 5119.61 of the Revised Code.~~	102568
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	102569
~~expend unexpended funds distributed to the board from~~	102570
~~appropriations for the purpose of local management of mental~~	102571
~~health services in the fiscal year following the fiscal year for~~	102572
~~which the appropriations are made, in accordance with the approved~~	102573
~~community mental health plan.~~	102574

~~(2) Subject to division (D) of this section, the board elects~~	102575
~~not to accept the amount allocated to it under this section,~~	102576
~~authorizes the department to determine the use of its allocation,~~	102577
~~and agrees to provide the department with a statement of projected~~	102578
~~utilization of state hospitals and other state-operated services~~	102579
~~by residents of its service district during the fiscal year.~~	102580

~~(D) No board shall elect the option in division (C)(2) of~~	102581
~~this section unless all of the following apply:~~	102582

~~(1) Either the total funds estimated by the department to be~~	102583
~~allocated to the board under this section for the next fiscal year~~	102584
~~are reduced by a substantial amount, as defined in guidelines~~	102585
~~adopted by the director of mental health under division (E) of~~	102586
~~this section, in comparison to the amount allocated for the~~	102587
~~current fiscal year, for reasons not related to performance or the~~	102588
~~board has experienced other circumstances specified in the~~	102589
~~guidelines.~~	102590

~~(2) The board provides the department written confirmation~~	102591
~~that the board has received input about the impact that the~~	102592
~~board's election will have on the mental health system in the~~	102593
~~board's district from all of the following:~~	102594

~~(a) Individuals who receive mental health services and such~~	102595
~~individuals' families;~~	102596

~~(b) Boards of county commissioners;~~

102597

~~(c) Judges of juvenile and probate courts;~~

102598

~~(d) County sheriffs, jail administrators, and other local law~~	102599
~~enforcement officials.~~	102600

~~(3) Not later than seven days before notifying the department~~	102601
~~of its election and after providing the department the written~~	102602
~~confirmation required by division (D)(2) of this section, the~~	102603
~~board conducts a public hearing on the issue.~~	102604

~~(E) For the purpose of division (D)(1) of this section, the~~	102605
~~director of mental health shall consult with the boards and other~~	102606
~~relevant constituencies to develop guidelines for determining what~~	102607
~~constitutes a substantial reduction of funds and what other~~	102608
~~circumstances qualify a board to elect the option in division~~	102609
~~(C)(2) of this section.~~	102610

~~(F) No board shall use state funds for the purpose of~~	102611
~~discouraging employees from seeking collective bargaining~~	102612
~~representation or encouraging employees to decertify a recognized~~	102613
~~collective bargaining agent.~~	102614

~~(G) The department shall charge against the allocation made~~	102615
~~to a board under division (B) of this section, if any, any~~	102616
~~unreimbursed costs for services provided by the department.~~	102617

~~(H) A board's use of funds allocated under this section is~~	102618
~~subject to audit by county, state, and federal authorities.~~	102619

(C) In consultation with boards, community mental health and	102620
addiction services providers, and persons receiving services, the	102621
department shall establish guidelines for the use of funds	102622
allocated and distributed under this section.	102623

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	102624
"administrative function" means a function related to one or more	102625
of the following:	102626

(1) Continuous quality improvement;

102627

(2) Utilization review;

102628

(3) Resource development;

102629

(4) Fiscal administration;

102630

(5) General administration;

102631

(6) Any other function related to administration that is	102632
required by Chapter 340. of the Revised Code.	102633

(B) Each board of alcohol, drug addiction, and mental health	102634
services shall submit an annual report to the department of ~~mental~~	102635
~~health~~mental health and addiction services specifying how the	102636
board used funds allocated to the board under section ~~5119.62~~	102637
5119.23 of the Revised Code for administrative functions in the	102638
year preceding the report's submission. The director of ~~mental~~	102639
~~health~~mental health and addiction services shall establish the	102640
date by which the report must be submitted each year.	102641

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	102642
mental health and addiction services, in whole or in part, may	102643
withhold funds otherwise to be allocated to a board of alcohol,	102644
drug addiction, and mental health services under section ~~5119.62~~	102645
5119.23 of the Revised Code if the board fails to comply with	102646
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	102647
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	102648
of the department of ~~mental health regarding a community mental~~	102649
~~health service~~mental health and addiction services. ~~The~~	102650

(B) The director of mental health and addiction services may	102651
withhold funds otherwise to be allocated to a board of alcohol,	102652
drug addiction, and mental health services under section 5119.23	102653
of the Revised Code if the board denies available service on the	102654
basis of race, color, religion, creed, sex, age, national origin,	102655
disability as defined in section 4112.01 of the Revised Code, or	102656
developmental disability.	102657

(C) The director shall ~~identify~~issue a notice identifying	102658
the areas of noncompliance and the action necessary to achieve	102659
compliance. The director ~~shall~~may offer technical assistance to	102660
the board to achieve compliance. The ~~director shall give the~~ board	102661
~~a reasonable time within which to comply or~~shall have ten days	102662
from receipt of the notice of noncompliance to present its	102663
position that it is in compliance. Before withholding funds, the	102664
director or the director's designee shall hold a hearing ~~shall be~~	102665
~~conducted~~within ten days of receipt of the board's position to	102666
determine if there are continuing violations and that either	102667
assistance is rejected or the board is unable to achieve	102668
compliance. Subsequent to the hearing process, if it is determined	102669
that compliance has not been achieved, the director may allocate	102670
all or part of the withheld funds to a public or private agency to	102671
provide the community mental health or community addiction service	102672
for which the board is not in compliance until the time that there	102673
is compliance. The director ~~shall~~may adopt rules in accordance	102674
with Chapter 119. of the Revised Code to implement this section.	102675

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	102676
or rules adopted under it shall retain ~~his~~the person's civil	102677
rights and liberties, including the right not to be experimented	102678
upon with treatment not accepted as good medical practice without	102679
~~his~~the person's fully informed consent, the right as a ~~patient~~	102680
person receiving services to maintain the confidentiality of	102681
health and medical records, the right as a person detained for	102682
medical purposes to receive adequate and appropriate treatment,	102683
and the right to vote.	102684

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	102685
court journal entries or court docket entries, pertaining to the	102686
identity, diagnosis, or treatment of any ~~patient~~person seeking or	102687
receiving services that are maintained in connection with the	102688
performance of any drug treatment program or services licensed by,	102689
or certified by, the director of ~~alcohol and drug addiction~~	102690
~~services,~~mental health and addiction services under ~~section~~	102691
~~3793.11 of the Revised Code,~~this chapter shall be kept	102692
confidential, may be disclosed only for the purposes and under the	102693
circumstances expressly authorized under this section, and may not	102694
otherwise be divulged in any civil, criminal, administrative, or	102695
legislative proceeding.	102696

(B) When the ~~patient~~person, with respect to whom any record	102697
or information referred to in division (A) of this section is	102698
maintained, gives consent in the form of a written release signed	102699
by the ~~patient~~person, the content of the record or information	102700
may be disclosed if the written release conforms to all of the	102701
following:	102702

(1) Specifically identifies the person, official, or entity	102703
to whom the information is to be provided;	102704

(2) Describes with reasonable specificity the record,	102705
records, or information to be disclosed; and	102706

(3) Describes with reasonable specificity the purposes of the	102707
disclosure and the intended use of the disclosed information.	102708

(C) A ~~patient~~person who is subject to a community control	102709
sanction, parole, or a post-release control sanction or who is	102710
ordered to rehabilitation in lieu of conviction, and who has	102711
agreed to participate in a drug treatment or rehabilitation	102712
program as a condition of the community control sanction,	102713
post-release control sanction, parole, or order to rehabilitation,	102714
shall be considered to have consented to the release of records	102715
and information relating to the progress of treatment, frequency	102716
of treatment, adherence to treatment requirements, and probable	102717
outcome of treatment. Release of information and records under	102718
this division shall be limited to the court or governmental	102719
personnel having the responsibility for supervising the ~~patient's~~	102720
person's community control sanction, post-release control	102721
sanction, parole, or order to rehabilitation. A ~~patient~~person,	102722
described in this division, who refuses to allow disclosure may be	102723
considered in violation of the conditions of the ~~patient's~~	102724
person's community control sanction, post-release control	102725
sanction, parole, or order to rehabilitation.	102726

(D) Disclosure of a ~~patient's~~person's record may be made	102727
without the ~~patient's~~person's consent to qualified personnel for	102728
the purpose of conducting scientific research, management,	102729
financial audits, or program evaluation, but these personnel may	102730
not identify, directly or indirectly, any individual ~~patient~~	102731
person in any report of the research, audit, or evaluation, or	102732
otherwise disclose a ~~patient's~~person's identity in any manner.	102733

(E) Upon the request of a prosecuting attorney or the	102734
director of ~~alcohol and drug addiction services~~mental health and	102735
addiction services, a court of competent jurisdiction may order	102736
the disclosure of records or information referred to in division	102737
(A) of this section if the court has reason to believe that a	102738
treatment program or facility is being operated or used in a	102739
manner contrary to law. The use of any information or record so	102740
disclosed shall be limited to the prosecution of persons who are	102741
or may be charged with any offense related to the illegal	102742
operation or use of the drug treatment program or facility, or to	102743
the decision to withdraw the authority of a drug treatment program	102744
or facility to continue operation. For purposes of this division	102745
the court shall:	102746

(1) Limit disclosure to those parts of the ~~patient's~~person's	102747
record considered essential to fulfill the objective for which the	102748
order was granted;	102749

(2) Require, where appropriate, that all information be	102750
disclosed in chambers;	102751

(3) Include any other appropriate measures to keep disclosure	102752
to a minimum, consistent with the protection of the ~~patients~~	102753
persons seeking or receiving services, the physician-patient	102754
relationship, and the administration of the drug treatment and	102755
rehabilitation program.	102756

(F) As used in this section:

102757

(1) "Community control sanction" has the same meaning as in	102758
section 2929.01 of the Revised Code.	102759

(2) "Post-release control sanction" has the same meaning as	102760
in section 2967.01 of the Revised Code.	102761

Sec. 5119.28. (A) All records, and reports, other than court	102762
journal entries or court docket entries, identifying a person and	102763
pertaining to the person's mental health condition, assessment,	102764
provision of care or treatment, or payment for assessment, care or	102765
treatment that are maintained in connection with any services	102766
certified by the department of mental health and addiction	102767
services, or any hospitals or facilities licensed or operated by	102768
the department, shall be kept confidential and shall not be	102769
disclosed by any person except:	102770

(1) If the person identified, or the person's legal guardian,	102771
if any, or if the person is a minor, the person's parent or legal	102772
guardian, consents;	102773

(2) When disclosure is provided for in this chapter or	102774
Chapter 340. or 5122., or Title XLVII of the Revised Code;	102775

(3) That hospitals, boards of alcohol, drug addiction, and	102776
mental health services, licensed facilities, and community mental	102777
health services providers may release necessary information to	102778
insurers and other third-party payers, including government	102779
entities responsible for processing and authorizing payment, to	102780
obtain payment for goods and services furnished to the person;	102781

(4) Pursuant to a court order signed by a judge;

102782

(5) That a person shall be granted access to the person's own	102783
psychiatric and medical records, unless access specifically is	102784
restricted in a person's treatment plan for clear treatment	102785
reasons;	102786

(6) That the department of mental health and addiction	102787
services may exchange psychiatric records and other pertinent	102788
information with community mental health services providers and	102789
boards of alcohol, drug addiction, and mental health services	102790
relating to the person's care or services. Records and information	102791
that may be exchanged pursuant to this division shall be limited	102792
to medication history, physical health status and history,	102793
financial status, summary of course of treatment, summary of	102794
treatment needs, and a discharge summary, if any.	102795

(7) That the department of mental health and addiction	102796
services, hospitals and community providers operated by the	102797
department, hospitals licensed by the department under section	102798
5119.33 of the Revised Code, and community mental health services	102799
providers may exchange psychiatric records and other pertinent	102800
information with payers and other providers of treatment and	102801
health services if the purpose of the exchange is to facilitate	102802
continuity of care for the person or for the emergency treatment	102803
of the person;	102804

(8) That the department of mental health and addiction	102805
services and community mental health services providers may	102806
exchange psychiatric records and other pertinent information with	102807
boards of alcohol, drug addiction, and mental health services for	102808
purposes of any board function set forth in Chapter 340. of the	102809
Revised Code. Boards of alcohol, drug addiction, and mental health	102810
services shall not access any personal information from the	102811
department or providers except as required or permitted by this	102812
section, or Chapter 340. or 5122. of the Revised Code for purposes	102813
related to payment, care coordination, health care operations,	102814
program and service evaluation, reporting activities, research,	102815
system administration, oversight, or other authorized purposes.	102816

(9) That a person's family member who is involved in the	102817
provision, planning, and monitoring of services to the person may	102818
receive medication information, a summary of the person's	102819
diagnosis and prognosis, and a list of the services and personnel	102820
available to assist the person and the person's family, if the	102821
person's treatment provider determines that the disclosure would	102822
be in the best interests of the person. No such disclosure shall	102823
be made unless the person is notified first and receives the	102824
information and does not object to the disclosure.	102825

(10) That community mental health services providers may	102826
exchange psychiatric records and certain other information with	102827
the board of alcohol, drug addiction, and mental health services	102828
and other providers in order to provide services to a person	102829
involuntarily committed to a board. Release of records under this	102830
division shall be limited to medication history, physical health	102831
status and history, financial status, summary of course of	102832
treatment, summary of treatment needs, and discharge summary, if	102833
any.	102834

(11) That information may be disclosed to the executor or the	102835
administrator of an estate of a deceased person when the	102836
information is necessary to administer the estate;	102837

(12) That information may be disclosed to staff members of	102838
the appropriate board or to staff members designated by the	102839
director of mental health and addiction services for the purpose	102840
of evaluating the quality, effectiveness, and efficiency of	102841
services and determining if the services meet minimum standards.	102842
Information obtained during such evaluations shall not be retained	102843
with the name of any person.	102844

(13) That records pertaining to the person's diagnosis,	102845
course of treatment, treatment needs, and prognosis shall be	102846
disclosed and released to the appropriate prosecuting attorney if	102847
the person was committed pursuant to section 2945.38, 2945.39,	102848
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	102849
attorney designated by the board for proceedings pursuant to	102850
involuntary commitment under Chapter 5122. of the Revised Code.	102851

(14) That the department of mental health and addiction	102852
services may exchange psychiatric hospitalization records, other	102853
mental health treatment records, and other pertinent information	102854
with the department of rehabilitation and correction and with the	102855
department of youth services to ensure continuity of care for	102856
inmates and offenders who are receiving mental health services in	102857
an institution of the department of rehabilitation and correction	102858
or the department of youth services and may exchange psychiatric	102859
hospitalization records, other mental health treatment records,	102860
and other pertinent information with boards of alcohol, drug	102861
addiction, and mental health services and community mental health	102862
services providers to ensure continuity of care for inmates or	102863
offenders who are receiving mental health services in an	102864
institution and are scheduled for release within six months. The	102865
release of records under this division is limited to records	102866
regarding an inmate's or offender's medication history, physical	102867
health status and history, summary of course of treatment, summary	102868
of treatment needs, and a discharge summary, if any.	102869

(15) That a community mental health services provider that	102870
ceases to operate may transfer to either a community mental health	102871
services provider that assumes its caseload or to the board of	102872
alcohol, drug addiction, and mental health services of the service	102873
district in which the person resided at the time services were	102874
most recently provided any treatment records that have not been	102875
transferred elsewhere at the person's request.	102876

(B) Before records are disclosed pursuant to divisions	102877
(A)(3), (6), and (10) of this section, the custodian of the	102878
records shall attempt to obtain the person's consent for the	102879
disclosure.	102880

(C) No person shall reveal the content of a medical record of	102881
a person that is confidential pursuant to this section, except as	102882
authorized by law.	102883

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	102884
department of ~~mental health~~mental health and addiction services,	102885
in conjunction with boards of alcohol, drug addiction, and mental	102886
health services and community mental health boards, shall develop	102887
a coordinated system for tracking and monitoring persons found not	102888
guilty by reason of insanity and committed pursuant to section	102889
2945.40 of the Revised Code who have been granted a conditional	102890
release and persons found incompetent to stand trial and committed	102891
pursuant to section 2945.39 of the Revised Code who have been	102892
granted a conditional release. The system shall do all of the	102893
following:	102894

(A) Centralize responsibility for the tracking of those	102895
persons;	102896

(B) Develop uniformity in monitoring those persons;

102897

(C) Develop a mechanism to allow prompt rehospitalization,	102898
reinstitutionalization, or detention when a violation of the	102899
conditional release or decompensation occurs.	102900

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	102901
~~addiction services~~mental health and addiction services promptly	102902
shall develop and maintain a program that continually provides the	102903
courts of this state with relevant information pertaining to	102904
~~alcohol and drug~~ addiction services and programs available both	102905
within their jurisdictions and statewide in order to facilitate	102906
the ability of the courts to utilize treatment and rehabilitation	102907
alternatives in addition to or in lieu of imposing sentences of	102908
imprisonment upon appropriate offenders.	102909

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	102910
health and addiction services may examine into, with or without	102911
expert assistance, the question of the mental and physical	102912
condition of any person committed to or involuntarily confined in	102913
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	102914
any place within this state by reason of alleged mental illness	102915
and may order and compel the discharge of any such person who is	102916
not a mentally ill person subject to hospitalization by court	102917
order as defined in division (B) of section 5122.01 of the Revised	102918
Code and direct what disposition shall be made of ~~him~~the person.	102919
The order of discharge shall be signed by the director of ~~mental~~	102920
~~health~~mental health and addiction services. Upon receipt of such	102921
order by the superintendent or other person in charge of the	102922
building in which the person named in such order is confined, such	102923
person shall forthwith be discharged or otherwise disposed of	102924
according to the terms of said order, and any further or other	102925
detention of such person is unlawful. No such order shall be made	102926
in favor of any person committed and held for trial on a criminal	102927
charge, in confinement by an order of a judge or court made in a	102928
criminal proceeding, or in any case unless notice is given to the	102929
superintendent or other person having charge of the building in	102930
which the alleged mentally ill person is detained, and a	102931
reasonable opportunity is allowed the person in charge to justify	102932
further detention of the person confined.	102933

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	102934
health and addiction services is hereby designated as the state	102935
administrative agency for the ~~alcohol, drug abuse and mental~~	102936
~~health services~~substance abuse prevention treatment block grant	102937
and the community mental health services block grant authorized by	102938
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	102939
300x, as amended, and similar alcohol, drug abuse, or mental	102940
health programs that are specified in an appropriations act. ~~The~~	102941
~~department shall establish and administer an annual plan to~~	102942
~~utilize federal block grant funds. The department shall consult~~	102943
~~with the department of alcohol and drug addiction services on the~~	102944
~~allocation of funds for alcohol and drug addiction services~~	102945
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	102946
~~controlling board, which shall authorize the transfer of funds~~	102947
~~allocated to the department of alcohol and drug addiction~~	102948
~~services.~~	102949

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	102950
health and addiction services shall inspect and license all	102951
hospitals that receive mentally ill persons, except those	102952
hospitals managed by the department. No hospital may receive for	102953
care or treatment, either at public or private expense, any person	102954
who is or appears to be mentally ill, whether or not so	102955
adjudicated, unless the hospital has received a license from the	102956
department authorizing it to receive for care or treatment persons	102957
who are mentally ill or the hospital is managed by the department.	102958

No such license shall be granted to a hospital for the	102959
treatment of mentally ill persons unless the department is	102960
satisfied, after investigation, that the hospital is managed and	102961
operated by qualified persons and has on its staff one or more	102962
qualified physicians responsible for the medical care of the	102963
patients confined there. At least one such physician shall be a	102964
psychiatrist.	102965

The department shall adopt rules under Chapter 119. of the	102966
Revised Code prescribing minimum standards for the operation of	102967
hospitals for the care and treatment of mentally ill persons and	102968
establishing standards and procedures for the issuance, renewal,	102969
or revocation of full, probationary, and interim licenses. No	102970
license shall be granted to any hospital established or used for	102971
the care of mentally ill persons unless such hospital is operating	102972
in accordance with this section and rules adopted pursuant to this	102973
section. A full license shall expire one year after the date of	102974
issuance, a probationary license shall expire at the time	102975
prescribed by rule adopted pursuant to Chapter 119. of the Revised	102976
Code by the director of ~~mental health~~mental health and addiction	102977
services, and an interim license shall expire ninety days after	102978
the date of issuance. A full, probationary, or interim license may	102979
be renewed, except that an interim license may be renewed only	102980
twice. The department may fix reasonable fees for licenses and for	102981
license renewals. Such hospitals are subject to inspection and	102982
~~visitation~~on-site review by the department.	102983

Except as otherwise provided in Chapter 5122. of the Revised	102984
Code, neither the director of ~~the department of mental health~~	102985
mental health and addiction services; an employee of the	102986
department; a board of alcohol, drug addiction, and mental health	102987
services or ~~agency~~ employee of a community mental health services	102988
provider; nor any other public official shall hospitalize any	102989
mentally ill person for care or treatment in any hospital that is	102990
not licensed in accordance with this section.	102991

Any license issued by the department under this section may	102992
be revoked by the department for any of the following reasons:	102993

(A) The hospital is no longer a suitable place for the care	102994
or treatment of mentally ill persons.	102995

(B) The hospital refuses to be subject to inspection or	102996
~~visitation~~on-site review by the department.	102997

(C) The hospital has failed to furnish humane, kind, and	102998
adequate treatment and care.	102999

(D) The hospital fails to comply with the licensure rules of	103000
the department.	103001

The department may inspect, ~~visit~~conduct an on-site review,	103002
and review the records of any hospital that the department has	103003
reason to believe is operating without a license.	103004

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	103005
mental health and addiction services determines that a hospital	103006
not licensed by the department is receiving for care or treatment	103007
any person who is or appears to be mentally ill, the department	103008
may request in writing that the attorney general petition the	103009
court of common pleas in the county where the hospital is located	103010
to enjoin the hospital from continued operation in violation of	103011
section ~~5119.20~~5119.33 of the Revised Code.	103012

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	103013
or indirectly reimburse, nor shall any person be obligated to pay	103014
any hospital for psychiatric services for which a license is	103015
required under section ~~5119.20~~5119.33 of the Revised Code unless	103016
the hospital is licensed by the department of ~~mental health~~mental	103017
health and addiction services.	103018

As used in this section, "third-party payer" means a health	103019
insuring corporation licensed under Chapter 1751. of the Revised	103020
Code, an insurance company that issues sickness and accident	103021
insurance in conformity with Chapter 3923. of the Revised Code, a	103022
state-financed health insurance program under Chapter 3701.,	103023
4123., or 5101. of the Revised Code, or any self-insurance plan.	103024

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	103025
hospital for the care or treatment of mentally ill persons unless	103026
it is licensed by the department of ~~mental health~~mental health	103027
and addiction services, as provided by section ~~5119.20~~5119.33 of	103028
the Revised Code.	103029

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	103030
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	103031
Code:	103032

(1) "Accommodations" means housing, daily meal preparation,	103033
laundry, housekeeping, arranging for transportation, social and	103034
recreational activities, maintenance, security, and other services	103035
that do not constitute personal care services or skilled nursing	103036
care.	103037

(2) "ADAMHS board" means a board of alcohol, drug addiction,	103038
and mental health services.	103039

(3) "Adult" means a person who is eighteen years of age or	103040
older, other than a person described in division (A)(4) of this	103041
section who is between eighteen and twenty-one years of age.	103042

(4) "Child" means a person who is under eighteen years of age	103043
or a person with a mental disability who is under twenty-one years	103044
of age.	103045

(5) "Community mental health ~~agency~~services provider" means	103046
a community mental health ~~agency~~services provider as defined in	103047
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	103048

(6) "Community mental health services" means any ~~of the~~	103049
mental health services ~~listed in~~certified by the department	103050
pursuant to section ~~340.09~~5119.36 of the Revised Code.	103051

(7) "Operator" means the person or persons, firm,	103052
partnership, agency, governing body, association, corporation, or	103053
other entity that is responsible for the administration and	103054
management of a residential facility and that is the applicant for	103055
a residential facility license.	103056

(8) "Personal care services" means services including, but	103057
not limited to, the following:	103058

(a) Assisting residents with activities of daily living;

103059

(b) Assisting residents with self-administration of	103060
medication in accordance with rules adopted under this section;	103061

(c) Preparing special diets, other than complex therapeutic	103062
diets, for residents pursuant to the instructions of a physician	103063
or a licensed dietitian, in accordance with rules adopted under	103064
this section.	103065

"Personal care services" does not include "skilled nursing	103066
care" as defined in section 3721.01 of the Revised Code. A	103067
facility need not provide more than one of the services listed in	103068
division (A)(8) of this section to be considered to be providing	103069
personal care services.	103070

(9) "Residential facility" means a publicly or privately	103071
operated home or facility that provides one of the following:	103072

(a) Accommodations, supervision, personal care services, and	103073
community mental health services for one or more ~~of the following~~	103074
unrelated ~~persons~~adults with mental illness or severe mental	103075
disabilities or to one or more unrelated children and adolescents	103076
with a serious emotional disturbance or who are in need of mental	103077
health services who are referred by or are receiving community	103078
mental health services from a community mental health ~~agency,~~	103079
services provider, hospital, or practitioner:	103080

~~(i) Adults with mental illness;~~

103081

~~(ii) Persons of any age with severe mental disabilities;~~

103082

~~(iii) Children with serious emotional disturbances or in need~~	103083
~~of mental health services~~.	103084

(b) Accommodations, supervision, and personal care services	103085
~~for only one or two unrelated adults; accommodations, supervision,~~	103086
~~and personal care services for three to sixteen unrelated adults;~~	103087
~~or accommodations, supervision, and personal care services for one~~	103088
~~or two of the following unrelated persons:~~	103089

~~(i) Persons of any age with mental illness who are referred~~	103090
~~by or are receiving community mental health services from a~~	103091
~~community mental health agency, hospital, or practitioner;~~	103092

~~(ii) Persons of any age with severe mental disabilities who~~	103093
~~are referred by or are receiving community mental health services~~	103094
~~from a community mental health agency, hospital, or practitioner~~	103095
to any of the following:	103096

(i) One or two unrelated persons with mental illness or	103097
persons with severe mental disabilities who are referred by or are	103098
receiving mental health services from a community mental health	103099
services provider, hospital, or practitioner;	103100

(ii) One or two unrelated adults who are receiving	103101
residential state supplement payments;	103102

(iii) Three to sixteen unrelated adults.

103103

(c) Room and board for five or more ~~of the following~~	103104
unrelated ~~persons:~~	103105

~~(i) Adults~~adults with mental illness or severe mental	103106
disability who are referred by or are receiving community mental	103107
health services from a community mental health ~~agency,~~services	103108
provider, hospital, or practitioner;	103109

~~(ii) Adults with severe mental disabilities who are referred~~	103110
~~by or are receiving community mental health services from a~~	103111
~~community mental health agency, hospital, or practitioner~~.	103112

(10) "Residential facility" does not include any of the	103113
following:	103114

(a) A hospital subject to licensure under section ~~5119.20~~	103115
5119.33 of the Revised Code;	103116

(b) A residential facility licensed under section 5123.19 of	103117
the Revised Code or otherwise regulated by the department of	103118
developmental disabilities;	103119

(c) An institution or association subject to certification	103120
under section 5103.03 of the Revised Code;	103121

(d) A facility operated by a hospice care program licensed	103122
under section 3712.04 of the Revised Code that is used exclusively	103123
for care of hospice patients;	103124

(e) ~~A facility operated by a pediatric respite care program~~	103125
~~licensed under section 3712.041 of the Revised Code that is used~~	103126
~~exclusively for care of pediatric respite care patients;~~	103127

~~(f)~~ A nursing home, residential care facility, or home for	103128
the aging as defined in section 3721.02 of the Revised Code;	103129

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	103130
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	103131
of the Revised Code;	103132

~~(h)~~(g) A facility licensed to provide methadone treatment	103133
under section ~~3793.11~~5119.39 of the Revised Code;	103134

~~(i)~~(h) Any facility that receives funding for operating costs	103135
from the ~~department of~~ development services agency under any	103136
program established to provide emergency shelter housing or	103137
transitional housing for the homeless;	103138

~~(j)~~(i) A terminal care facility for the homeless that has	103139
entered into an agreement with a hospice care program under	103140
section 3712.07 of the Revised Code;	103141

~~(k)~~(j) A facility approved by the veterans administration	103142
under section 104(a) of the "Veterans Health Care Amendments of	103143
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	103144
exclusively for the placement and care of veterans.	103145

(11) "Room and board" means the provision of sleeping and	103146
living space, meals or meal preparation, laundry services,	103147
housekeeping services, or any combination thereof.	103148

(12) "Residential state supplement" means the program	103149
administered under section 5119.41 of the Revised Code and related	103150
provisions of the Administrative Code under which the state	103151
supplements the supplemental security income payments received by	103152
aged, blind, or disabled adults under Title XVI of the Social	103153
Security Act. Residential state supplement payments are used for	103154
the provision of accommodations, supervision, and personal care	103155
services to supplemental security income recipients the department	103156
of mental health and addition services determines are at risk of	103157
needing institutional care.	103158

(13) "Supervision" means any of the following:

103159

(a) Observing a resident to ensure the resident's health,	103160
safety, and welfare while the resident engages in activities of	103161
daily living or other activities;	103162

(b) Reminding a resident to perform or complete an activity,	103163
such as reminding a resident to engage in personal hygiene or	103164
other self-care activities;	103165

103166

~~(13)~~(14) "Unrelated" means that a resident is not related to	103167
the owner or operator of a residential facility or to the owner's	103168
or operator's spouse as a parent, grandparent, child, stepchild,	103169
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	103170
the child of an aunt or uncle.	103171

(B) Nothing in division (A)(9) of this section shall be	103172
construed to permit personal care services to be imposed on a	103173
resident who is capable of performing the activity in question	103174
without assistance.	103175

(C) Except in the case of a residential facility described in	103176
division (A)(9)(a) of this section, members of the staff of a	103177
residential facility shall not administer medication to the	103178
facility's residents, but may do any of the following:	103179

(1) Remind a resident when to take medication and watch to	103180
ensure that the resident follows the directions on the container;	103181

(2) Assist a resident in the self-administration of	103182
medication by taking the medication from the locked area where it	103183
is stored, in accordance with rules adopted pursuant to this	103184
section, and handing it to the resident. If the resident is	103185
physically unable to open the container, a staff member may open	103186
the container for the resident.	103187

(3) Assist a physically impaired but mentally alert resident,	103188
such as a resident with arthritis, cerebral palsy, or Parkinson's	103189
disease, in removing oral or topical medication from containers	103190
and in consuming or applying the medication, upon request by or	103191
with the consent of the resident. If a resident is physically	103192
unable to place a dose of medicine to the resident's mouth without	103193
spilling it, a staff member may place the dose in a container and	103194
place the container to the mouth of the resident.	103195

(D)(1) Except as provided in division (D)(2) of this section,	103196
a person operating or seeking to operate a residential facility	103197
shall apply for licensure of the facility to the department of	103198
~~mental health~~mental health and addiction services. The	103199
application shall be submitted by the operator. When applying for	103200
the license, the applicant shall pay to the department the	103201
application fee specified in rules adopted under division ~~(L)~~(K)	103202
of this section. The fee is nonrefundable.	103203

The department shall send a copy of an application to the	103204
ADAMHS board serving the county in which the person operates or	103205
seeks to operate the facility. The ADAMHS board shall review the	103206
application and provide to the department any information about	103207
the applicant or the facility that the board would like the	103208
department to consider in reviewing the application.	103209

(2) A person may not apply for a license to operate a	103210
residential facility if the person is or has been the owner,	103211
operator, or manager of a residential facility for which a license	103212
to operate was revoked or for which renewal of a license was	103213
refused for any reason other than nonpayment of the license	103214
renewal fee, unless both of the following conditions are met:	103215

(a) A period of not less than two years has elapsed since the	103216
date the director of ~~mental health~~mental health and addiction	103217
services issued the order revoking or refusing to renew the	103218
facility's license.	103219

(b) The director's revocation or refusal to renew the license	103220
was not based on an act or omission at the facility that violated	103221
a resident's right to be free from abuse, neglect, or	103222
exploitation.	103223

(E)(1) ~~Any person may operate a residential facility~~	103224
~~providing accommodations and personal care services for one to~~	103225
~~five unrelated persons and licensed as a residential facility that~~	103226
~~meets the criteria specified in division (A)(9)(b) of this section~~	103227
~~as a permitted use in any residential district or zone, including~~	103228
~~any single-family residential district or zone of any political~~	103229
~~subdivision. Such facilities may be required to comply with area,~~	103230
~~height, yard, and architectural compatibility requirements that~~	103231
~~are uniformly imposed upon all single-family residences within the~~	103232
~~district or zone.~~	103233

~~(2) Any person may operate a residential facility providing~~	103234
~~accommodations and personal care services for six to sixteen~~	103235
~~persons and licensed as a residential facility that meets the~~	103236
~~criteria specified in division (A)(9)(b) of this section as a~~	103237
~~permitted use in any multiple-family residential district or zone~~	103238
~~of any political subdivision, except that a political subdivision~~	103239
~~that has enacted a zoning ordinance or resolution establishing~~	103240
~~planned-unit development districts as defined in section 519.021~~	103241
~~of the Revised Code may exclude such facilities from such~~	103242
~~districts, and a political subdivision that has enacted a zoning~~	103243
~~ordinance or resolution may regulate such facilities in~~	103244
~~multiple-family residential districts or zones as a conditionally~~	103245
~~permitted use or special exception, in either case, under~~	103246
~~reasonable and specific standards and conditions set out in the~~	103247
~~zoning ordinance or resolution to:~~	103248

~~(a) Require the architectural design and site layout of the~~	103249
~~home and the location, nature, and height of any walls, screens,~~	103250
~~and fences to be compatible with adjoining land uses and the~~	103251
~~residential character of the neighborhood;~~	103252

~~(b) Require compliance with yard, parking, and sign~~	103253
~~regulation.~~	103254

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	103255
~~any right of a political subdivision to permit a person to operate~~	103256
~~a residential facility licensed under this section in a~~	103257
~~single-family residential district or zone under conditions~~	103258
~~established by the political subdivision.~~	103259

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	103260
~~section and except as provided in division (E)(4)(b) of this~~	103261
~~section, a political subdivision that has enacted a zoning~~	103262
~~ordinance or resolution may limit the excessive concentration of~~	103263
~~licensed residential facilities that meet the criteria specified~~	103264
~~in division (A)(9)(b) of this section.~~	103265

~~(b) Division (E)(4)(a) of this section does not authorize a~~	103266
~~political subdivision to prevent or limit the continued existence~~	103267
~~and operation of residential facilities existing and operating on~~	103268
~~September 10, 2012, and that meet the criteria specified in~~	103269
~~division (A)(9)(b) of this section. A political subdivision may~~	103270
~~consider the existence of such facilities for the purpose of~~	103271
~~limiting the excessive concentration of such facilities that meet~~	103272
~~the criteria specified in division (A)(9)(b) of this section that~~	103273
~~are not existing and operating on September 10, 2012.~~	103274

~~(F)(1)~~ The department of ~~mental health~~mental health and	103275
addiction services shall inspect and license the operation of	103276
residential facilities. The department shall consider the past	103277
record of the facility and the applicant or licensee in arriving	103278
at its licensure decision.	103279

The department may issue full, probationary, and interim	103280
licenses. A full license shall expire ~~two~~up to three years after	103281
the date of issuance, a probationary license shall expire in a	103282
shorter period of time as specified in rules adopted by the	103283
director of mental health under division ~~(L)~~(K) of this section,	103284
and an interim license shall expire ninety days after the date of	103285
issuance. A license may be renewed in accordance with rules	103286
adopted by the director under division ~~(L)~~(K) of this section. The	103287
renewal application shall be submitted by the operator. When	103288
applying for renewal of a license, the applicant shall pay to the	103289
department the renewal fee specified in rules adopted under	103290
division ~~(L)~~(K) of this section. The fee is nonrefundable.	103291

(2) The department may issue an order suspending the	103292
admission of residents to the facility or refuse to issue or renew	103293
and may revoke a license if it finds the facility is not in	103294
compliance with rules adopted by the director pursuant to division	103295
~~(L)~~(K) of this section or if any facility operated by the	103296
applicant or licensee has been cited for repeated violations of	103297
statutes or rules during the period of previous licenses.	103298
Proceedings initiated to deny applications for full or	103299
probationary licenses or to revoke such licenses are governed by	103300
Chapter 119. of the Revised Code.	103301

~~(G)~~(F) The department may issue an interim license to operate	103302
a residential facility if both of the following conditions are	103303
met:	103304

(1) The department determines that the closing of or the need	103305
to remove residents from another residential facility has created	103306
an emergency situation requiring immediate removal of residents	103307
and an insufficient number of licensed beds are available.	103308

(2) The residential facility applying for an interim license	103309
meets standards established for interim licenses in rules adopted	103310
by the director under division ~~(L)~~(K) of this section.	103311

An interim license shall be valid for ninety days and may be	103312
renewed by the director no more than twice. Proceedings initiated	103313
to deny applications for or to revoke interim licenses under this	103314
division are not subject to Chapter 119. of the Revised Code.	103315

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	103316
addiction services may conduct an inspection of a residential	103317
facility as follows:	103318

(a) Prior to issuance of a license for the facility;

103319

(b) Prior to renewal of the license;

103320

(c) To determine whether the facility has completed a plan of	103321
correction required pursuant to division ~~(H)~~(G)(2) of this section	103322
and corrected deficiencies to the satisfaction of the department	103323
and in compliance with this section and rules adopted pursuant to	103324
it;	103325

(d) Upon complaint by any individual or agency;

103326

(e) At any time the director considers an inspection to be	103327
necessary in order to determine whether the facility is in	103328
compliance with this section and rules adopted pursuant to this	103329
section.	103330

(2) In conducting inspections the department may conduct an	103331
on-site examination and evaluation of the residential facility and	103332
its personnel, activities, and services. The department shall have	103333
access to examine and copy all records, accounts, and any other	103334
documents relating to the operation of the residential facility,	103335
including records pertaining to residents, and shall have access	103336
to the facility in order to conduct interviews with the operator,	103337
staff, and residents. Following each inspection and review, the	103338
department shall complete a report listing any deficiencies, and	103339
including, when appropriate, a time table within which the	103340
operator shall correct the deficiencies. The department may	103341
require the operator to submit a plan of correction describing how	103342
the deficiencies will be corrected.	103343

~~(I)~~(H) No person shall do any of the following:

103344

(1) Operate a residential facility unless the facility holds	103345
a valid license;	103346

(2) Violate any of the conditions of licensure after having	103347
been granted a license;	103348

(3) Interfere with a state or local official's inspection or	103349
investigation of a residential facility;	103350

(4) Violate any of the provisions of this section or any	103351
rules adopted pursuant to this section.	103352

~~(J)~~(I) The following may enter a residential facility at any	103353
time:	103354

(1) Employees designated by the director of ~~mental health~~	103355
mental health and addiction services;	103356

(2) Employees of an ADAMHS board under either of the	103357
following circumstances:	103358

(a) When a resident of the facility is receiving services	103359
from a community mental health ~~agency~~services provider under	103360
contract with that ADAMHS board or another ADAMHS board;	103361

(b) When authorized by section 340.05 of the Revised Code.

103362

(3) Employees of a community mental health ~~agency~~services	103363
provider under either of the following circumstances:	103364

(a) When the ~~agency~~services provider has a ~~client~~person	103365
receiving services residing in the facility;	103366

(b) When the ~~agency~~services provider is acting as an agent	103367
of an ADAMHS board other than the board with which it is under	103368
contract.	103369

(4) Representatives of the state long-term care ~~ombudsperson~~	103370
ombudsman program when the facility provides accommodations,	103371
supervision, and personal care services for three to sixteen	103372
unrelated adults or to one or two unrelated adults who are	103373
recipients under the residential state supplement program.	103374

The persons specified in division ~~(J)~~(I) of this section	103375
shall be afforded access to examine and copy all records,	103376
accounts, and any other documents relating to the operation of the	103377
residential facility, including records pertaining to residents.	103378

~~(K)~~(J) Employees of the department of ~~mental health~~mental	103379
health and addiction services may enter, for the purpose of	103380
investigation, any institution, residence, facility, or other	103381
structure which has been reported to the department as, or that	103382
the department has reasonable cause to believe is, operating as a	103383
residential facility without a valid license.	103384

~~(L)~~(K) The director shall adopt and may amend and rescind	103385
rules pursuant to Chapter 119. of the Revised Code governing the	103386
licensing and operation of residential facilities. The rules shall	103387
establish all of the following:	103388

(1) Minimum standards for the health, safety, adequacy, and	103389
cultural competency of treatment of and services for persons in	103390
residential facilities;	103391

(2) Procedures for the issuance, renewal, or revocation of	103392
the licenses of residential facilities;	103393

(3) Procedures for conducting criminal records checks for	103394
prospective or current operators, ~~staff~~employees, and ~~other~~	103395
~~individuals~~volunteers who~~, if employed by a residential~~	103396
~~facility, would~~may have ~~unsupervised~~direct access to facility	103397
residents;	103398

(4) The fee to be paid when applying for a new residential	103399
facility license or renewing the license;	103400

(5) Procedures for the operator of a residential facility to	103401
follow when notifying the ADAMHS board serving the county in which	103402
the facility is located when the facility is serving residents	103403
with mental illness or severe mental disability, including the	103404
circumstances under which the operator is required to make such a	103405
notification;	103406

(6) Procedures for the issuance and termination of orders of	103407
suspension of admission of residents to a residential facility;	103408

(7) Measures to be taken by residential facilities relative	103409
to residents' medication;	103410

(8) Requirements relating to preparation of special diets;

103411

(9) The maximum number of residents who may be served in a	103412
residential facility;	103413

(10) The rights of residents of residential facilities and	103414
procedures to protect such rights;	103415

(11) Procedures for obtaining an affiliation agreement	103416
approved by the board between a residential facility and a	103417
community mental health ~~agency~~services provider;	103418

(12) Standards and procedures under which the director may	103419
waive the requirements of any of the rules adopted.	103420

~~(M)~~(L)(1) The department may withhold the source of any	103421
complaint reported as a violation of this section when the	103422
department determines that disclosure could be detrimental to the	103423
department's purposes or could jeopardize the investigation. The	103424
department may disclose the source of any complaint if the	103425
complainant agrees in writing to such disclosure and shall	103426
disclose the source upon order by a court of competent	103427
jurisdiction.	103428

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	103429
of this section, or any person who participates in an	103430
administrative or judicial proceeding resulting from such a	103431
complaint, is immune from civil liability and is not subject to	103432
criminal prosecution, other than for perjury, unless the person	103433
has acted in bad faith or with malicious purpose.	103434

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	103435
addiction services may petition the court of common pleas of the	103436
county in which a residential facility is located for an order	103437
enjoining any person from operating a residential facility without	103438
a license or from operating a licensed facility when, in the	103439
director's judgment, there is a present danger to the health or	103440
safety of any of the occupants of the facility. The court shall	103441
have jurisdiction to grant such injunctive relief upon a showing	103442
that the respondent named in the petition is operating a facility	103443
without a license or there is a present danger to the health or	103444
safety of any residents of the facility.	103445

(2) When the court grants injunctive relief in the case of a	103446
facility operating without a license, the court shall issue, at a	103447
minimum, an order enjoining the facility from admitting new	103448
residents to the facility and an order requiring the facility to	103449
assist with the safe and orderly relocation of the facility's	103450
residents.	103451

(3) If injunctive relief is granted against a facility for	103452
operating without a license and the facility continues to operate	103453
without a license, the director shall refer the case to the	103454
attorney general for further action.	103455

~~(O)~~(N) The director may fine a person for violating division	103456
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	103457
a first offense; for each subsequent offense, the fine shall be	103458
one thousand dollars. The director's actions in imposing a fine	103459
shall be taken in accordance with Chapter 119. of the Revised	103460
Code.	103461

Sec. 5119.341. (A) Any person may operate a residential	103462
facility providing accommodations and personal care services for	103463
one to five unrelated persons and licensed as a residential	103464
facility that meets the criteria specified in division (A)(9)(b)	103465
of section 5119.34 of the Revised Code as a permitted use in any	103466
residential district or zone, including any single-family	103467
residential district or zone of any political subdivision. Such	103468
facilities may be required to comply with area, height, yard, and	103469
architectural compatibility requirements that are uniformly	103470
imposed upon all single-family residences within the district or	103471
zone.	103472

(B) Any person may operate a residential facility providing	103473
accommodations and personal care services for six to sixteen	103474
persons and licensed as a residential facility that meets the	103475
criteria specified in division (A)(9)(b) of section 5119.34 of the	103476
Revised Code as a permitted use in any multiple-family residential	103477
district or zone of any political subdivision, except that a	103478
political subdivision that has enacted a zoning ordinance or	103479
resolution establishing planned-unit developments as defined in	103480
section 519.021 of the Revised Code may exclude such facilities	103481
from such districts, and a political subdivision that has enacted	103482
a zoning ordinance or resolution may regulate such facilities in	103483
multiple-family residential districts or zones as a conditionally	103484
permitted use or special exception, in either case, under	103485
reasonable and specific standards and conditions set out in the	103486
zoning ordinance or resolution to:	103487

(1) Require the architectural design and site layout of the	103488
home and the location, nature, and height of any walls, screens,	103489
and fences to be compatible with adjoining land uses and the	103490
residential character of the neighborhood;	103491

(2) Require compliance with yard, parking, and sign	103492
regulation.	103493

(C) Divisions (A) and (B) of this section do not affect any	103494
right of a political subdivision to permit a person to operate a	103495
residential facility licensed under section 5119.34 of the Revised	103496
Code in a single-family residential district or zone under	103497
conditions established by the political subdivision.	103498

(D)(1) Notwithstanding divisions (A) and (B) of this section	103499
and except as provided in division (D)(2) of this section, a	103500
political subdivision that has enacted a zoning ordinance or	103501
resolution may limit the excessive concentration of licensed	103502
residential facilities that meet the criteria specified in	103503
division (A)(9)(b) of section 5119.34 of the Revised Code.	103504

(2) Division (D)(1) of this section does not authorize a	103505
political subdivision to prevent or limit the continued existence	103506
and operation of residential facilities existing and operating on	103507
September 10, 2012, and that meet the criteria specified in	103508
division (A)(9)(b) of section 5119.34 of the Revised Code. A	103509
political subdivision may consider the existence of such	103510
facilities for the purpose of limiting the excessive concentration	103511
of such facilities that meet the criteria specified in division	103512
(A)(9)(b) of section 5119.34 of the Revised Code that are not	103513
existing and operating on September 10, 2012.	103514

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	103515
~~mental health~~mental health and addiction services, the court of	103516
common pleas or the probate court may appoint a receiver to take	103517
possession of and operate a residential facility licensed pursuant	103518
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	103519
existing at the residential facility present a substantial risk of	103520
physical or mental harm to residents and no other remedies at law	103521
are adequate to protect the health, safety, and welfare of the	103522
residents.	103523

Petitions filed pursuant to this section shall include:

103524

(1) A description of the specific conditions existing at the	103525
residential facility which present a substantial risk of physical	103526
or mental harm to residents;	103527

(2) A statement of the absence of other adequate remedies at	103528
law;	103529

(3) The number of individuals residing at the facility;

103530

(4) A statement that the facts have been brought to the	103531
attention of the owner or licensee and that conditions have not	103532
been remedied within a reasonable period of time or that the	103533
conditions, though remedied periodically, habitually exist at the	103534
residential facility as a pattern or practice; and	103535

(5) The name and address of the person holding the license	103536
for the residential facility.	103537

(B) A court in which a petition is filed pursuant to this	103538
section shall notify the person holding the license for the	103539
facility of the filing. The department shall send notice of the	103540
filing to the following, as appropriate: the Ohio protection and	103541
advocacy system as defined in section 5123.60 of the Revised Code;	103542
facility owner; facility operator; board of alcohol, drug	103543
addiction, and mental health services; board of health; department	103544
of developmental disabilities; department of job and family	103545
services; facility residents; and residents' families and	103546
guardians. The court shall provide a hearing on the petition	103547
within five court days of the time it was filed, except that the	103548
court may appoint a receiver prior to that time if it determines	103549
that the circumstances necessitate such action.	103550

Following a hearing on the petition, and upon a determination	103551
that the appointment of a receiver is warranted, the court shall	103552
appoint a receiver and notify the department of ~~mental health~~	103553
mental health and addiction services and appropriate persons of	103554
this action.	103555

In setting forth the powers of the receiver, the court may	103556
generally authorize the receiver to do all that is prudent and	103557
necessary to safely and efficiently operate the residential	103558
facility within the requirements of state and federal law, but	103559
shall require the receiver to obtain court approval prior to	103560
making any single expenditure of more than five thousand dollars	103561
to correct deficiencies in the structure or furnishings of a	103562
facility. The court shall closely review the conduct of the	103563
receiver and shall require regular and detailed reports.	103564

(C) A receivership established pursuant to this section shall	103565
be terminated, following notification of the appropriate parties	103566
and a hearing, if the court determines either of the following:	103567

(1) The residential facility has been closed and the former	103568
residents have been relocated to an appropriate facility;	103569

(2) Circumstances no longer exist at the residential facility	103570
which present a substantial risk of physical or mental harm to	103571
residents, and there is no deficiency in the residential facility	103572
that is likely to create a future risk of harm.	103573

Notwithstanding division (C)(2) of this section, the court	103574
shall not terminate a receivership for a residential facility that	103575
has previously operated under another receivership unless the	103576
responsibility for the operation of the facility is transferred to	103577
an operator approved by the court and the department of ~~mental~~	103578
~~health~~mental health and addiction services.	103579

(D) Except for the department of ~~mental health~~mental health	103580
and addiction services or appropriate board of alcohol, drug	103581
addiction, and mental health services, no party or person	103582
interested in an action shall be appointed a receiver pursuant to	103583
this section.	103584

To assist the court in identifying persons qualified to be	103585
named as receivers, the director of ~~the department of mental~~	103586
~~health~~mental health and addiction services shall maintain a list	103587
of the names of such persons. The department of ~~mental health~~	103588
mental health and addiction services, the department of job and	103589
family services, and the department of health shall provide	103590
technical assistance to any receiver appointed pursuant to this	103591
section.	103592

Before entering upon the duties of receiver, the receiver	103593
must be sworn to perform the duties faithfully, and, with surety	103594
approved by the court, judge, or clerk, execute a bond to such	103595
person, and in such sum as the court or judge directs, to the	103596
effect that such receiver will faithfully discharge the duties of	103597
receiver in the action, and obey the orders of the court therein.	103598

(1) Under the control of the appointing court, a receiver may	103599
do the following:	103600

(a) Bring and defend actions in the appointee's name as	103601
receiver;	103602

(b) Take and keep possession of property.

103603

(2) The court shall authorize the receiver to do the	103604
following:	103605

(a) Collect payment for all goods and services provided to	103606
the residents or others during the period of the receivership at	103607
the same rate as was charged by the licensee at the time the	103608
petition for receivership was filed, unless a different rate is	103609
set by the court;	103610

(b) Honor all leases, mortgages, and secured transactions	103611
governing all buildings, goods, and fixtures of which the receiver	103612
has taken possession, but, in the case of a rental agreement only	103613
to the extent of payments that are for the use of the property	103614
during the period of the receivership, or, in the case of a	103615
purchase agreement, only to the extent that payments come due	103616
during the period of the receivership;	103617

(c) If transfer of residents is necessary, provide for the	103618
orderly transfer of residents by:	103619

(i) Cooperating with all appropriate state and local agencies	103620
in carrying out the transfer of residents to alternative community	103621
placements;	103622

(ii) Providing for the transportation of residents'	103623
belongings and records;	103624

(iii) Helping to locate alternative placements and develop	103625
plans for transfer;	103626

(iv) Encouraging residents or guardians to participate in	103627
transfer planning except when an emergency exists and immediate	103628
transfer is necessary.	103629

(d) Make periodic reports on the status of the residential	103630
facility to the court; the appropriate state agencies; and the	103631
board of alcohol, drug addiction, and mental health services. Each	103632
report shall be made available to residents, their guardians, and	103633
families.	103634

(e) Compromise demands or claims; and

103635

(f) Generally do such acts respecting the residential	103636
facility as the court authorizes.	103637

Notwithstanding any other provision of law, contracts which	103638
are necessary to carry out the powers and duties of the receiver	103639
need not be competitively bid.	103640

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	103641
services provider applicant or community addiction services	103642
provider applicant that seeks certification of its community	103643
mental health services or community addiction services shall	103644
submit an application to the director of ~~mental health~~mental	103645
health and addiction services. On receipt of the application, the	103646
director may ~~visit~~conduct an on-site review and shall evaluate	103647
the ~~agency~~provider to determine whether its services satisfy the	103648
standards established by rules adopted under division ~~(C)~~(E) of	103649
this section. The director shall make the evaluation, and, if the	103650
director ~~visits~~conducts an on-site review of the ~~agency~~	103651
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	103652
the board of alcohol, drug addiction, and mental health services	103653
with which the ~~agency~~provider seeks to contract under division	103654
(A)(8)(a) of section 340.03 of the Revised Code.	103655

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	103656
the director shall determine whether the services of an	103657
~~applicant's community mental health agency~~applicant satisfy the	103658
standards for certification of the services. If the director	103659
determines that a community mental health ~~agency's~~ services	103660
provider's or a community addiction services provider's services	103661
satisfy the standards for certification and the ~~agency~~provider	103662
has paid the fee required under division (D) of this section, the	103663
director shall certify the services. No community mental health	103664
services provider or community addiction services provider shall	103665
be eligible to receive state or federal funds, or funds	103666
administered by a board of alcohol, drug addiction, and mental	103667
health services unless its services have been certified by the	103668
department.	103669

(C) If the director determines that a community mental health	103670
~~agency's~~ services provider's or a community addiction services	103671
provider's services do not satisfy the standards for	103672
certification, the director shall identify the areas of	103673
noncompliance, specify what action is necessary to satisfy the	103674
standards, and may offer technical assistance to the provider and	103675
to the board of alcohol, drug addiction, and mental health	103676
services so that the board may assist the ~~agency~~provider in	103677
satisfying the standards. The director shall give the ~~agency~~	103678
provider a reasonable time within which to demonstrate that its	103679
services satisfy the standards or to bring the services into	103680
compliance with the standards. If the director concludes that the	103681
services continue to fail to satisfy the standards, the director	103682
may request that the board reallocate ~~the~~any funds for the	103683
~~community~~ mental health or addiction services the ~~agency~~provider	103684
was to provide to another community mental health ~~agency~~or	103685
addiction services provider whose community mental health or	103686
community addiction services satisfy the standards. If the board	103687
does not reallocate ~~those~~such funds in a reasonable period of	103688
time, the director may withhold state and federal funds for the	103689
~~community mental health~~ services and allocate those funds directly	103690
to a community mental health ~~agency~~or community addiction	103691
services provider whose ~~community mental health~~ services satisfy	103692
the standards.	103693

(D) Each community mental health ~~agency~~services provider or	103694
community addiction services provider seeking certification of its	103695
~~community~~ mental health or addiction services under this section	103696
shall pay a fee for the certification required by this section,	103697
unless the provider is exempt under rules adopted under division	103698
(E) of this section. Fees shall be paid into the state treasury to	103699
the credit of the sale of goods and services fund created pursuant	103700
to section ~~5119.161~~5119.45 of the Revised Code.	103701

(E) The director shall adopt rules in accordance with Chapter	103702
119. of the Revised Code to implement this section. The rules	103703
shall do all of the following:	103704

(1) Establish certification standards for ~~community~~ mental	103705
health services~~, including assertive community treatment and~~	103706
~~intensive home-based mental health services,~~and addiction	103707
services that are consistent with nationally recognized applicable	103708
standards and facilitate participation in federal assistance	103709
programs. The rules shall include as certification standards only	103710
requirements that improve the quality of services or the health	103711
and safety of ~~clients of~~persons receiving community mental health	103712
and addiction services. The standards shall address at a minimum	103713
all of the following:	103714

(a) Reporting major unusual incidents to the director;

103715

(b) Procedures for applicants for and ~~clients of~~persons	103716
receiving community mental health and addiction services to file	103717
grievances and complaints;	103718

103719

(d) Restraint;

103720

(e) Requirements regarding physical facilities of service	103721
delivery sites;	103722

(f) Requirements with regard to health, safety, adequacy, and	103723
cultural specificity and sensitivity;	103724

(g) Standards for evaluating services;

103725

(h) Standards and procedures for granting full or conditional	103726
certification to a service provider;	103727

(i) Standards and procedures for revoking the certification	103728
of a provider's services that do not continue to meet the minimum	103729
standards established pursuant to this section;	103730

(j) The limitations to be placed on a provider that is	103731
granted conditional certification;	103732

(k) Development of written policies addressing the rights of	103733
~~clients~~persons receiving services, including all of the	103734
following:	103735

(i) The right to a copy of the written policies addressing	103736
~~client~~the rights of persons receiving services;	103737

(ii) The right at all times to be treated with consideration	103738
and respect for the ~~client's~~person's privacy and dignity;	103739

(iii) The right to have access to the ~~client's~~person's own	103740
psychiatric, medical, or other treatment records unless access is	103741
specifically restricted in the ~~client's~~person's treatment plan	103742
for clear treatment reasons;	103743

(iv) The right to have a client rights officer provided by	103744
the ~~agency~~services provider or board of alcohol, drug addiction,	103745
and mental health services advise the ~~client~~person of the	103746
~~client's~~person's rights, including the ~~client's~~person's rights	103747
under Chapter 5122. of the Revised Code if the ~~client~~person is	103748
committed to the ~~agency~~provider or board.	103749

(2) ~~Establish standards for qualifications of mental health~~	103750
~~professionals as defined in section 340.02 of the Revised Code and~~	103751
~~personnel who provide the community mental health services;~~	103752

~~(3)~~ Establish the process for certification of community	103753
mental health and addiction services;	103754

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	103755
~~portion of the cost of performing the review~~;	103756

~~(5)~~(4) Specify the type of notice and hearing to be provided	103757
prior to a decision on whether to reallocate funds.	103758

(F) The department shall maintain a current list of providers	103759
whose addiction services are certified by the department under	103760
division (B) of this section and shall provide a copy of the list	103761
to a judge of a court of common pleas who requests a copy for the	103762
use of the judge under division (H) of section 2925.03 of the	103763
Revised Code. The list of certified addiction services shall	103764
identify each provider by its name, its address, and the county in	103765
which it is located.	103766

(G) No person shall represent in any manner that a provider	103767
is certified by the department if the provider is not certified at	103768
the time the representation is made.	103769

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	103770
health and addiction services shall require that each board of	103771
alcohol, drug addiction, and mental health services ensure that	103772
each community mental health ~~agency~~services provider and	103773
community addiction services provider with which it contracts	103774
under division (A)(8)(a) of section 340.03 of the Revised Code to	103775
provide community mental health or addiction services establish	103776
grievance procedures consistent with rules adopted under section	103777
~~5119.611~~5119.36 of the Revised Code that are available to all	103778
~~applicants for and clients of the~~persons seeking or receiving	103779
services from a community mental health or addiction services	103780
provider.	103781

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	103782
director of ~~mental health~~mental health and addiction services of	103783
whether the services of a community mental health ~~agency~~services	103784
provider or a community addiction services provider satisfy the	103785
standards for certification under section ~~5119.611~~5119.36 of the	103786
Revised Code, the director shall accept appropriate accreditation	103787
of an applicant's mental health services, alcohol and drug	103788
addiction services, integrated mental health and alcohol and other	103789
drug addiction services, or integrated mental health and physical	103790
health services, or integrated alcohol and other drug addiction	103791
and physical health services being provided in this state from any	103792
of the following national accrediting organizations as evidence	103793
that the applicant satisfies the standards for certification:	103794

(1) The joint commission;

103795

(2) The commission on accreditation of rehabilitation	103796
facilities;	103797

(3) The council on accreditation;

103798

(4) Other behavioral health accreditation as determined by	103799
the director.	103800

(B) If the director determines that an applicant's	103801
accreditation is current, is appropriate for the services for	103802
which the applicant is seeking certification, and the applicant	103803
meets any other requirements established under this section or in	103804
rules adopted under this section, the director shall certify the	103805
applicant's services that are accredited. Except as provided in	103806
division (C)(2) of this section, the director shall issue the	103807
certification without further evaluation of the services.	103808

103809

(1) The director may review the accrediting organizations	103810
listed in division (A) of this section to evaluate whether the	103811
accreditation standards and processes used by the organizations	103812
are consistent with service delivery models the director considers	103813
appropriate for mental health services, alcohol or other drug	103814
addiction services, physical health services, or both. The	103815
director may communicate to an accrediting organization any	103816
identified concerns, trends, needs, and recommendations.	103817

(2) The director may ~~visit~~conduct an on-site review or	103818
otherwise evaluate a community mental health ~~agency~~services	103819
provider or a community addiction services provider at any time	103820
based on cause, including complaints made by or on behalf of	103821
~~consumers~~persons receiving services and confirmed or alleged	103822
deficiencies brought to the attention of the director.	103823

(3) The director shall require a community mental health	103824
~~agency~~services provider and a community addiction services	103825
provider to notify the director not later than ten days after any	103826
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	103827
provider may notify the director by providing a copy of the	103828
relevant document the ~~agency~~provider received from the	103829
accrediting organization.	103830

(4) The director shall require a community mental health	103831
~~agency~~services provider and a community addiction services	103832
provider to submit to the director reports of major unusual	103833
incidents.	103834

(5) The director may require a community mental health ~~agency~~	103835
services provider or a community addiction services provider to	103836
submit to the director cost reports pertaining to the ~~agency~~	103837
provider.	103838

(D) The director shall adopt rules in accordance with Chapter	103839
119. of the Revised Code to implement this section. In adopting	103840
the rules, the director shall do all of the following:	103841

(1) Specify the documentation that must be submitted as	103842
evidence of holding appropriate accreditation;	103843

(2) Establish a process by which the director may review the	103844
accreditation standards and processes used by the national	103845
accrediting organizations listed in division (A) of this section;	103846

(3) Specify the circumstances under which reports of major	103847
unusual incidents and ~~agency~~provider cost reports must be	103848
submitted to the director;	103849

(4) Specify the circumstances under which the director may	103850
~~visit~~conduct an on-site review or otherwise evaluate a community	103851
mental health ~~agency~~services provider and a community addiction	103852
services provider for cause;	103853

(5) Establish a process by which the director, based on	103854
deficiencies identified as a result of ~~visiting~~conducting an	103855
on-site review or evaluating a community mental health ~~agency~~	103856
services provider or a community addiction services provider under	103857
division (C)(2) of this section, may take any of a range of	103858
corrective actions, with the most stringent being revocation of	103859
the certification of the ~~agency's~~provider's services.	103860

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	103861
used as an alternative to a term of imprisonment for an offender	103862
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	103863
Revised Code, if it is certified by the director of ~~alcohol and~~	103864
~~drug addiction services~~mental health and addiction services	103865
pursuant to this section. No drivers' intervention program shall	103866
be used as an alternative to a term of imprisonment that is	103867
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	103868
section 4511.19 of the Revised Code.	103869

To qualify for certification by the director and to receive	103870
funds from the statewide treatment and prevention fund created by	103871
section 4301.30 of the Revised Code in any amounts and at any	103872
times that the director determines are appropriate, a drivers'	103873
intervention program shall meet state minimum standards that the	103874
director shall establish by rule. The rules shall include, but are	103875
not limited to, standards governing program course hours and	103876
content, qualifications of program personnel, methods of	103877
identifying and testing participants to isolate participants with	103878
alcohol and drug abuse problems, referral of such persons to	103879
~~alcohol and drug~~community addiction ~~programs~~services providers,	103880
the prompt notification of courts by program operators of the	103881
completion of the programs by persons required by courts to attend	103882
them, and record keeping, including methods of tracking	103883
participants for a reasonable time after they have left the	103884
program.	103885

The director shall issue a certificate to any qualified	103886
drivers' intervention program. The certificate is valid for three	103887
years.	103888

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	103889
addiction ~~program~~services provider shall employ methadone	103890
treatment or prescribe, dispense, or administer methadone unless	103891
the program is licensed under this section. No ~~alcohol and drug~~	103892
community addiction ~~program~~services provider licensed under this	103893
section shall maintain methadone treatment in a manner	103894
inconsistent with this section and the rules adopted under it.	103895

(B) ~~An alcohol and drug~~A community addiction ~~program~~	103896
services provider may apply to the department of ~~alcohol and drug~~	103897
~~addiction services~~mental health and addiction services for a	103898
license to maintain methadone treatment. The department shall	103899
review all applications received.	103900

(C) The department may issue a license to maintain methadone	103901
treatment to ~~an alcohol and drug~~community addiction ~~program~~	103902
services provider only if all of the following apply:	103903

(1) The ~~program~~provider is operated by a private, nonprofit	103904
organization or by a government entity;	103905

(2) For at least two years immediately preceding the date of	103906
application, the ~~program~~provider has been fully certified under	103907
section ~~3793.06~~5119.36 of the Revised Code;	103908

(3) The ~~program~~provider has not been denied a license to	103909
maintain methadone treatment or had its license withdrawn or	103910
revoked within the five-year period immediately preceding the date	103911
of application;	103912

(4) It affirmatively appears to the department that the	103913
~~program~~provider is adequately staffed and equipped to maintain	103914
methadone treatment;	103915

(5) It affirmatively appears to the department that the	103916
~~program~~provider will maintain methadone treatment in strict	103917
compliance with section 3719.61 of the Revised Code, all other	103918
laws relating to drug abuse, and the rules adopted by the	103919
department;	103920

(6) Except as provided in division (D) of this section, there	103921
is no public or private school, licensed child day-care center, or	103922
other child-serving agency within a radius of five hundred feet of	103923
the location where the program is to maintain methadone treatment.	103924

(D) The department may waive the requirement of division	103925
(C)(6) of this section if it receives, from each public or private	103926
school, licensed child day-care center, or other child-serving	103927
agency that is within the applicable radius of the location where	103928
the program is to maintain methadone treatment, a letter of	103929
support for the location. The department shall determine whether a	103930
letter of support is satisfactory for purposes of waiving the	103931
requirement.	103932

(E) A license to maintain methadone treatment shall expire	103933
one year from the date of issuance. Licenses may be renewed.	103934

(F) The department shall establish procedures and adopt rules	103935
for licensing, inspection, and supervision of ~~alcohol and drug~~	103936
community addiction ~~programs~~services providers that maintain	103937
methadone treatment. The rules shall establish standards for the	103938
control, storage, furnishing, use, and dispensing of methadone,	103939
prescribe minimum standards for the operation of the methadone	103940
treatment component of the ~~program,~~provider's operations and	103941
comply with federal laws and regulations.	103942

All rules adopted under this division shall be adopted in	103943
accordance with Chapter 119. of the Revised Code. All actions	103944
taken by the department regarding the licensing of ~~programs~~	103945
providers to maintain methadone treatment shall be conducted in	103946
accordance with Chapter 119. of the Revised Code, except as	103947
provided in division (L) of this section.	103948

(G) The department of ~~alcohol and drug addiction services~~	103949
mental health and addiction services shall inspect all ~~alcohol and~~	103950
~~drug~~community addiction ~~programs~~services providers licensed to	103951
maintain methadone treatment. Inspections shall be conducted at	103952
least annually and may be conducted more frequently. No person or	103953
government entity shall interfere with a state or local government	103954
official acting on behalf of the department while conducting an	103955
inspection.	103956

(H) An ~~alcohol and drug~~community addiction ~~program~~services	103957
provider shall not administer or dispense methadone in a tablet,	103958
powder, or intravenous form. Methadone shall be administered or	103959
dispensed only in a liquid form intended for ingestion. A ~~program~~	103960
services provider shall not administer or dispense methadone to an	103961
individual for pain or other medical reasons.	103962

(I) As used in this division, "program sponsor" means a	103963
person who assumes responsibility for the operation and employees	103964
of the methadone treatment component of ~~an alcohol and drug~~a	103965
community addiction ~~program~~services provider.	103966

~~An alcohol and drug~~A community addiction ~~program~~services	103967
provider shall not employ an individual who receives methadone	103968
treatment from that ~~program~~services provider. A program shall not	103969
permit an individual to act as a ~~program~~provider sponsor,	103970
medical director, or director of the ~~program~~provider if the	103971
individual is receiving methadone treatment from any ~~alcohol and~~	103972
~~drug~~community addiction ~~program~~services provider.	103973

(J) The department may issue orders to assure compliance with	103974
section 3719.61 of the Revised Code, all other laws relating to	103975
drug abuse, and the rules adopted under this section. Subject to	103976
section ~~3793.13~~5119.27 of the Revised Code, the department may	103977
hold hearings, require the production of relevant matter, compel	103978
testimony, issue subpoenas, and make adjudications. Upon failure	103979
of a person without lawful excuse to obey a subpoena or to produce	103980
relevant matter, the department may apply to a court of common	103981
pleas for an order compelling compliance.	103982

(K) The department may refuse to issue, or may withdraw or	103983
revoke, a license to maintain methadone treatment. A license may	103984
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	103985
services provider does not meet the requirements of division (C)	103986
of this section. A license may be withdrawn at any time the	103987
department determines that the program no longer meets the	103988
requirements for receiving the license. A license may be revoked	103989
in accordance with division (L) of this section.	103990

In the case of a license issued prior to ~~the effective date~~	103991
~~of this amendment~~December 20, 2012, the department shall not	103992
consider the requirement of division (C)(6) of this section in	103993
determining whether to renew, withdraw, or revoke the license.	103994

(L) If the department of ~~alcohol and drug addiction services~~	103995
mental health and addiction services finds reasonable cause to	103996
believe that ~~an alcohol and drug~~a community addiction ~~program~~	103997
services provider licensed under this section is in violation of	103998
any provision of section 3719.61 of the Revised Code, or of any	103999
other state or federal law or rule relating to drug abuse, the	104000
department may issue an order immediately revoking the license,	104001
subject to division (M) of this section. The department shall set	104002
a date not more than fifteen days later than the date of the order	104003
of revocation for a hearing on the continuation or cancellation of	104004
the revocation. For good cause, the department may continue the	104005
hearing on application of any interested party. In conducting	104006
hearings, the department has all the authority and power set forth	104007
in division (J) of this section. Following the hearing, the	104008
department shall either confirm or cancel the revocation. The	104009
hearing shall be conducted in accordance with Chapter 119. of the	104010
Revised Code, except that the ~~program~~provider shall not be	104011
permitted to maintain methadone treatment pending the hearing or	104012
pending any appeal from an adjudication made as a result of the	104013
hearing. Notwithstanding any provision of Chapter 119. of the	104014
Revised Code to the contrary, a court shall not stay or suspend	104015
any order of revocation issued by the director under this division	104016
pending judicial appeal.	104017

(M) The department shall not revoke a license to maintain	104018
methadone treatment unless all ~~clients~~services recipients	104019
receiving methadone treatment from the ~~alcohol and drug~~community	104020
addiction ~~program~~services provider are provided adequate	104021
substitute treatment. For purposes of this division, the	104022
department may transfer the ~~clients~~services recipients to other	104023
programs licensed to maintain methadone treatment or replace any	104024
or all of the administrators and staff of the ~~program~~provider	104025
with representatives of the department who shall continue on a	104026
provisional basis the methadone treatment component of the	104027
program.	104028

(N) Each time the department receives an application from an	104029
~~alcohol and drug~~a community addiction ~~program~~services provider	104030
for a license to maintain methadone treatment, issues or refuses	104031
to issue a license, or withdraws or revokes a license, the	104032
department shall notify the board of alcohol, drug addiction, and	104033
mental health services of each alcohol, drug addiction, and mental	104034
health service district in which the ~~program is operated~~provider	104035
operates.	104036

(O) Whenever it appears to the department from files, upon	104037
complaint, or otherwise, that ~~an alcohol and drug~~a community	104038
addiction ~~program~~services provider has engaged in any practice	104039
declared to be illegal or prohibited by section 3719.61 of the	104040
Revised Code, or any other state or federal laws or regulations	104041
relating to drug abuse, or when the department believes it to be	104042
in the best interest of the public and necessary for the	104043
protection of the citizens of the state, the department may	104044
request criminal proceedings by laying before the prosecuting	104045
attorney of the proper county any evidence of criminality which	104046
may come to its knowledge.	104047

(P) The department shall maintain a current list of ~~alcohol~~	104048
~~and drug~~community addiction ~~programs~~services providers licensed	104049
by the department under this section and shall provide a copy of	104050
the current list to a judge of a court of common pleas who	104051
requests a copy for the use of the judge under division (H) of	104052
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	104053
~~and drug~~community addiction ~~programs~~services providers shall	104054
identify each licensed ~~program~~provider by its name, its address,	104055
and the county in which it is located.	104056

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	104057
"mentally ill individual" and "specialized services" have the same	104058
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	104059

(B)(1) Except as provided in division (B)(2) of this section	104060
and rules adopted under division (E)(3) of this section, for	104061
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	104062
department of ~~mental health~~mental health and addiction services	104063
shall determine in accordance with ~~section 1919(e)(7) of~~ the	104064
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	104065
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	104066
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	104067
whether, because of the individual's physical and mental	104068
condition, a mentally ill individual seeking admission to a	104069
nursing facility requires the level of services provided by a	104070
nursing facility and, if the individual requires that level of	104071
services, whether the individual requires specialized services for	104072
mental illness. The determination required by this division shall	104073
be based on an independent physical and mental evaluation	104074
performed by a person or entity other than the department.	104075

(2) AExcept as provided in division (B)(3) of this section,	104076
a determination under ~~this~~ division (B)(1) of this section is not	104077
required for any of the following:	104078

(a) An individual seeking readmission to a nursing facility	104079
after having been transferred from a nursing facility to a	104080
hospital for care;	104081

(b) An individual who meets all of the following conditions:

104082

(i) The individual is admitted to the nursing facility	104083
directly from a hospital after receiving inpatient care at the	104084
hospital;	104085

(ii) The individual requires nursing facility services for	104086
the condition for which care in the hospital was received;	104087

(iii) The individual's attending physician has certified,	104088
before admission to the nursing facility, that the individual is	104089
likely to require less than thirty days of nursing facility	104090
services.	104091

(c) An individual transferred from one nursing facility to	104092
another nursing facility, with or without an intervening hospital	104093
stay.	104094

(3) A determination under division (B)(1) of this section is	104095
required for an individual described in division (B)(2)(a) or (b)	104096
of this section if the hospital from which the individual is	104097
transferred or directly admitted to a nursing facility is either	104098
of the following:	104099

(a) A hospital that the department maintains, operates,	104100
manages, and governs under section 5119.14 of the Revised Code for	104101
the care and treatment of mentally ill persons;	104102

(b) A free-standing hospital, or unit of a hospital, licensed	104103
by the department under section 5119.33 of the Revised Code.	104104

(C) Except as provided in rules adopted under division	104105
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	104106
health and addiction services shall review and determine for each	104107
resident of a nursing facility who is mentally ill, whether the	104108
resident, because of the resident's physical and mental condition,	104109
requires the level of services provided by a nursing facility and	104110
whether the resident requires specialized services for mental	104111
illness. The review and determination shall be conducted in	104112
accordance with section 1919(e)(7) of the "Social Security Act"	104113
and the regulations adopted under section 1919(f)(8)(A) of the act	104114
and based on an independent physical and mental evaluation	104115
performed by a person or entity other than the department. The	104116
review and determination shall be completed promptly after a	104117
nursing facility has notified the department that there has been a	104118
significant change in the resident's mental or physical condition.	104119

(D)(1) In the case of a nursing facility resident who has	104120
continuously resided in a nursing facility for at least thirty	104121
months before the date of a review and determination under	104122
division (C) of this section, if the resident is determined not to	104123
require the level of services provided by a nursing facility, but	104124
is determined to require specialized services for mental illness,	104125
the department, in consultation with the resident's family or	104126
legal representative and care givers, shall do all of the	104127
following:	104128

(a) Inform the resident of the institutional and	104129
noninstitutional alternatives covered under the state plan for	104130
medical assistance;	104131

(b) Offer the resident the choice of remaining in the nursing	104132
facility or receiving covered services in an alternative	104133
institutional or noninstitutional setting;	104134

(c) Clarify the effect on eligibility for services under the	104135
state plan for medical assistance if the resident chooses to leave	104136
the facility, including its effect on readmission to the facility;	104137

(d) Provide for or arrange for the provision of specialized	104138
services for the resident's mental illness in the setting chosen	104139
by the resident.	104140

(2) In the case of a nursing facility resident who has	104141
continuously resided in a nursing facility for less than thirty	104142
months before the date of the review and determination under	104143
division (C) of this section, if the resident is determined not to	104144
require the level of services provided by a nursing facility, but	104145
is determined to require specialized services for mental illness,	104146
or if the resident is determined to require neither the level of	104147
services provided by a nursing facility nor specialized services	104148
for mental illness, the department shall act in accordance with	104149
its alternative disposition plan approved by the United States	104150
department of health and human services under section	104151
1919(e)(7)(E) of the "Social Security Act."	104152

(3) In the case of an individual who is determined under	104153
division (B) or (C) of this section to require both the level of	104154
services provided by a nursing facility and specialized services	104155
for mental illness, the department of ~~mental health~~mental health	104156
and addiction services shall provide or arrange for the provision	104157
of the specialized services needed by the individual or resident	104158
while residing in a nursing facility.	104159

(E) The department of ~~mental health~~mental health and	104160
addiction services shall adopt rules in accordance with Chapter	104161
119. of the Revised Code that do all of the following:	104162

(1) Establish criteria to be used in making the	104163
determinations required by divisions (B) and (C) of this section.	104164
The criteria shall not exceed the criteria established by	104165
regulations adopted by the United States department of health and	104166
human services under section 1919(f)(8)(A) of the "Social Security	104167
Act."	104168

(2) Specify information to be provided by the individual or	104169
nursing facility resident being assessed;	104170

(3) Specify any circumstances, in addition to circumstances	104171
listed in division (B) of this section, under which determinations	104172
under divisions (B) and (C) of this section are not required to be	104173
made.	104174

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	104175
section ~~5119.691~~5119.411 of the Revised Code:	104176

(1) ~~"Long-term care consultation program" means the program~~	104177
~~the department of aging is required to develop under section~~	104178
~~173.42 of the Revised Code.~~	104179

~~(2) "Long-term care consultation program administrator" or~~	104180
~~"administrator" means the department of aging or, if the~~	104181
~~department contracts with an area agency on aging or other entity~~	104182
~~to administer the long-term care consultation program for a~~	104183
~~particular area, that agency or entity.~~	104184

~~(3)~~ "Nursing facility" has the same meaning as in section	104185
~~5111.20~~5165.01 of the Revised Code.	104186

~~(4)~~(2) "Residential state supplement administrative agency"	104187
means the department of ~~mental health~~mental health and addiction	104188
services or, if the department designates an entity under division	104189
(C) of this section for a particular area, the designated entity.	104190

~~(5)~~(3) "Residential state supplement program" means the	104191
program administered pursuant to this section.	104192

(B) The department of ~~mental health~~mental health and	104193
addiction services shall implement the residential state	104194
supplement program under which the state supplements the	104195
supplemental security income payments received by aged, blind, or	104196
disabled adults under Title XVI of the "Social Security Act," 49	104197
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	104198
state supplement payments shall be used for the provision of	104199
accommodations, supervision, and personal care services to social	104200
security, supplemental security income, and social security	104201
disability insurance recipients who the department determines are	104202
at risk of needing institutional care.	104203

(C) In implementing the program, the department may designate	104204
one or more entities to be responsible for providing	104205
administrative services regarding the program. The department may	104206
designate an entity to be a residential state supplement	104207
administrative agency under this division either by entering into	104208
a contract with the entity to serve in that capacity or by	104209
otherwise delegating to the entity the responsibility to serve in	104210
that capacity.	104211

(D) For an individual to be eligible for residential state	104212
supplement payments, all of the following must be the case:	104213

(1) Except as provided by division (H) of this section, the	104214
individual must reside in one of the following:	104215

(a) A ~~home or~~residential care facility~~, other than a nursing~~	104216
~~home or nursing home unit of a home for the aging,~~ licensed by the	104217
department of health under Chapter 3721. of the Revised Code or an	104218
assisted living program as defined in section 5111.89 of the	104219
Revised Code;	104220

(b) A residential facility as defined in division (A)(9)(b)	104221
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	104222
department of ~~mental health~~mental health and addiction services;	104223

(c) An apartment or room used to provide community mental	104224
health housing services certified by the department of ~~mental~~	104225
~~health~~mental health and addiction services under section ~~5119.611~~	104226
5119.36 of the Revised Code and approved by a board of alcohol,	104227
drug addiction, and mental health services under division (A)(14)	104228
of section 340.03 of the Revised Code.	104229

(2) A residential state supplement administrative agency must	104230
have determined that the environment in which the individual will	104231
be living while receiving the payments is appropriate for the	104232
individual's needs. If the individual is eligible for social	104233
security payments, supplemental security income payments, or	104234
social security disability insurance benefits because of a mental	104235
disability, the residential state supplement administrative agency	104236
shall refer the individual to a community mental health ~~agency~~	104237
services provider for an assessment under division (A) of section	104238
340.091 of the Revised Code.	104239

(3) The individual satisfies all eligibility requirements	104240
established by rules adopted under division (E) of this section.	104241

(E) The ~~directors~~director of ~~mental health~~mental health and	104242
addiction services and ~~job and family services~~medicaid director	104243
shall adopt rules in accordance with section 111.15 of the Revised	104244
Code as necessary to implement the residential state supplement	104245
program.	104246

To the extent permitted by Title XVI of the "Social Security	104247
Act," and any other provision of federal law, the medicaid	104248
director ~~of job and family services~~ may adopt rules establishing	104249
standards for adjusting the eligibility requirements concerning	104250
the level of impairment a person must have so that the amount	104251
appropriated for the program by the general assembly is adequate	104252
for the number of eligible individuals. The rules shall not limit	104253
the eligibility of disabled persons solely on a basis classifying	104254
disabilities as physical or mental. The medicaid director ~~of job~~	104255
~~and family services~~ also may adopt rules that establish	104256
eligibility standards for aged, blind, or disabled individuals who	104257
reside in one of the homes or facilities specified in division	104258
(D)(1) of this section but who, because of their income, do not	104259
receive supplemental security income payments. The rules may	104260
provide that these individuals may include individuals who receive	104261
other types of benefits, including, social security payments or	104262
social security disability insurance benefits provided under Title	104263
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	104264
401, ~~as amended~~et seq. Notwithstanding division (B) of this	104265
section, such payments may be made if funds are available for	104266
them.	104267

The director of ~~mental health~~mental health and addiction	104268
services may adopt rules establishing the method to be used to	104269
determine the amount an eligible individual will receive under the	104270
program. The amount the general assembly appropriates for the	104271
program may be a factor included in the method that director	104272
establishes.	104273

(F) The county department of job and family services of the	104274
county in which an applicant for the residential state supplement	104275
program resides shall determine whether the applicant meets income	104276
and resource requirements for the program.	104277

(G) The department of ~~mental health~~mental health and	104278
addiction services shall maintain a waiting list of any	104279
individuals eligible for payments under this section but not	104280
receiving them because moneys appropriated to the department for	104281
the purposes of this section are insufficient to make payments to	104282
all eligible individuals. An individual may apply to be placed on	104283
the waiting list even though the individual does not reside in one	104284
of the homes or facilities specified in division (D)(1) of this	104285
section at the time of application. The director of ~~mental health~~	104286
mental health and addiction services, by rules adopted in	104287
accordance with Chapter 119. of the Revised Code, may specify	104288
procedures and requirements for placing an individual on the	104289
waiting list and priorities for the order in which individuals	104290
placed on the waiting list are to begin to receive residential	104291
state supplement payments. The rules specifying priorities may	104292
give priority to individuals placed on the waiting list on or	104293
after July 1, 2006, who receive social security payments, social	104294
security disability insurance, or supplemental security income	104295
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	104296
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	104297
not affect the place on the waiting list of any person who was on	104298
the list on July 1, 2006. The rules specifying priorities may also	104299
set additional priorities based on living arrangement, such as	104300
whether an individual resides in a facility listed in division	104301
(D)(1) of this section or has been admitted to a nursing facility.	104302

(H) An individual in a licensed or certified living	104303
arrangement receiving state supplementation on November 15, 1990,	104304
under former section 5101.531 of the Revised Code shall not become	104305
ineligible for payments under this section solely by reason of the	104306
individual's living arrangement as long as the individual remains	104307
in the living arrangement in which the individual resided on	104308
November 15, 1990.	104309

(I) The ~~department of mental health~~county department of job	104310
and family services from which the person is receiving benefits	104311
shall notify each person denied approval for payments under this	104312
section of the person's right to a hearing. On request, the	104313
hearing shall be provided in accordance with Chapter 119. of the	104314
Revised Code.	104315

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	104316
the department of ~~mental health~~mental health and addiction	104317
services, each residential state supplement administrative agency	104318
shall determine whether individuals who reside in the area that	104319
the agency serves and are on a waiting list for the residential	104320
state supplement program have been admitted to a nursing facility.	104321
IfThe department shall have a process in place to ensure that if	104322
a residential state supplement administrative agency determines	104323
that such an individual has been admitted to a nursing facility,	104324
~~the agency shall notify the long-term care consultation program~~	104325
~~administrator serving the area in which the individual resides~~	104326
~~about the determination. The administrator shall determine~~there	104327
shall be a determination whether the residential state supplement	104328
program is appropriate for the individual and whether the	104329
individual would rather participate in the program than continue	104330
residing in the nursing facility. If ~~the administrator determines~~	104331
it is determined that the residential state supplement program is	104332
appropriate for the individual and the individual would rather	104333
participate in the program than continue residing in the nursing	104334
facility, the ~~administrator shall so notify the department of~~	104335
~~mental health. On receipt of the notice from the administrator,~~	104336
~~the~~ department of ~~mental health~~mental health and addiction	104337
services shall approve the individual's enrollment in the	104338
residential state supplement program in accordance with the	104339
priorities specified in rules adopted under division (G) of	104340
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	104341
a waiting list is in place, the department of ~~mental health~~mental	104342
health and addiction services shall certify to the director of	104343
budget and management the estimated increase in costs of the	104344
residential state supplement program resulting from enrollment of	104345
individuals in the program pursuant to this section.	104346

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	104347
nonprofit organization" means a private association, organization,	104348
corporation, or other entity that is tax exempt under section	104349
501(a) and described in section 501(c) of the "Internal Revenue	104350
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	104351

(B) To the extent funds are available and on application by	104352
boards of alcohol, drug addiction, and mental health services, the	104353
director of ~~mental health~~mental health and addiction services may	104354
approve state reimbursement of, or state grants for, community	104355
~~mental health~~ construction programs including residential housing	104356
for severely mentally disabled persons and persons with substance	104357
use disorders. The director may also approve an application for	104358
reimbursement or a grant for such programs submitted by other	104359
governmental entities or by private, nonprofit organizations,	104360
after the application has been reviewed and recommended for	104361
approval or disapproval by the board of alcohol, drug addiction,	104362
and mental health services for the district from which the	104363
application came, and the application is consistent with the plan	104364
submitted by the board under division (A) of section 340.03 of the	104365
Revised Code and the budget and statement of services submitted by	104366
the board under divisions (A) and (B) of section 340.08 of the	104367
Revised Code.	104368

(C)(1) The director of ~~mental health~~mental health and	104369
addiction services shall adopt rules in accordance with Chapter	104370
119. of the Revised Code that specify procedures for applying for	104371
state reimbursement of and state grants for community construction	104372
programs, including residential housing for severely mentally	104373
disabled persons and persons with substance use disorders and	104374
procedures and criteria for approval of such reimbursement and	104375
grants.	104376

(2) The director of ~~mental health~~mental health and addiction	104377
services shall not approve state reimbursement or a state grant	104378
unless all of the following conditions are met:	104379

(a) The applicant includes with the application a plan	104380
specifying the services, in addition to housing, that will be	104381
provided to persons who will reside in the residential housing.	104382
Services specified may include any of the services ~~listed~~	104383
described in section 340.09 of the Revised Code.	104384

(b) The director is satisfied that the residential housing	104385
for severely mentally disabled persons will be developed to	104386
promote the maximum practical integration of severely mentally	104387
disabled persons with persons at the same site who are not	104388
severely mentally disabled.	104389

(c) The use of any funds distributed pursuant to the	104390
reimbursement or grant will not subject any obligation from which	104391
the funds are derived to federal income taxation.	104392

(3) The director may enter into an agreement establishing	104393
terms for any reimbursement or grant approved under this division	104394
with the organization, board, or other government entity that is	104395
the recipient of the reimbursement or grant. Any such agreement is	104396
subject to any covenant or agreement pertaining to any obligation	104397
issued to provide funds for the reimbursement or grant.	104398

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	104399
of alcohol, drug addiction, and mental health services, another	104400
governmental entity, or a private, nonprofit organization that	104401
received a grant or reimbursement under section ~~5119.63~~5119.42 of	104402
the Revised Code for a facility on which the department of ~~mental~~	104403
~~health~~mental health and addiction services holds a security	104404
interest.	104405

(B) A board of alcohol, drug addiction, and mental health	104406
services, another governmental entity, or a private, nonprofit	104407
organization to which this section applies may apply to the	104408
director of ~~mental health~~mental health and addiction services for	104409
approval to sell its facility and acquire, construct, or renovate	104410
a replacement facility pursuant to this section. The director	104411
shall prescribe the form of the application. Before submitting an	104412
application to the director, a governmental entity or private,	104413
nonprofit organization must obtain approval of the application	104414
from the board of alcohol, drug addiction, and mental health	104415
services with jurisdiction over the service district in which the	104416
existing facility is located. The director shall approve an	104417
application for a replacement project upon determining that the	104418
project provides for the continuation of appropriate mental health	104419
and addiction services to the population served by the board,	104420
entity, or organization.	104421

(C) A board, entity, or organization that obtains approval	104422
for a project under division (B) of this section shall pay the	104423
proceeds of the sale of its facility to the director of ~~mental~~	104424
~~health~~mental health and addiction services. The director shall	104425
deposit the proceeds to the credit of the community capital	104426
replacement facilities fund.	104427

(D) When a board, entity, or organization that has sold its	104428
facility notifies the director of ~~mental health~~mental health and	104429
addiction services that it is ready to acquire, construct, or	104430
renovate a replacement facility, the director shall do one of the	104431
following:	104432

(1) If the replacement facility is located in the same	104433
alcohol, drug addiction, and mental health service district as the	104434
original facility, and if the purposes for which the replacement	104435
facility will be used are the same as or similar to those for the	104436
original facility, the director shall pay to the board, entity, or	104437
organization from the community capital replacement facilities	104438
fund an amount equal to the lesser of an amount equal to the	104439
proceeds of the sale of the original facility or the amount of the	104440
state's agreed-upon participation (as a per cent of the total	104441
cost) in the cost of the replacement facility. If the amount of	104442
the state's agreed-upon participation in the cost of the	104443
replacement facility is less than the value of the state's	104444
security interest in the original facility, the difference between	104445
the state's agreed-upon participation in the cost of the	104446
replacement facility and the value of the state's security	104447
interest in the original facility shall be retained in the	104448
community capital replacement facilities fund, and any excess	104449
proceeds shall be paid to the board, entity, or organization.	104450

(2) If the replacement facility is located in a different	104451
alcohol, drug addiction, and mental health service district than	104452
the original facility, or if the purposes for which the	104453
replacement facility will be used are not the same as or similar	104454
to those for the original facility, the director shall request	104455
controlling board approval for release of funds for the project.	104456
If the controlling board so approves, the director shall pay to	104457
the board, entity, or organization from the community capital	104458
replacement facilities fund the lesser of an amount equal to the	104459
proceeds of the sale of the original facility or the amount of the	104460
state's agreed-upon participation (as a per cent of the total	104461
cost) in the cost of the replacement facility. ifIf the amount of	104462
the state's agreed-upon participation in the cost of the	104463
replacement facility is less than the value of the state's	104464
security interest in the original facility, the difference between	104465
the state's agreed-upon participation in the cost of the	104466
replacement facility and the value of the state's security	104467
interest in the original facility shall be retained in the	104468
community capital replacement facilities fund, and any excess	104469
proceeds shall be paid to the board, entity, or organization.	104470

(E) The director of ~~mental health~~mental health and addiction	104471
services and a board, entity, or organization shall enter into an	104472
agreement specifying the terms of any payment made to the board,	104473
entity, or organization under division (D) of this section. The	104474
terms may include provision for the department of ~~mental health~~	104475
mental health and addiction services to hold a security interest	104476
in the facility.	104477

(F)(1) When approving an application under division (B) of	104478
this section, the director of ~~mental health~~mental health and	104479
addiction services shall establish a deadline by which the board,	104480
entity, or organization must notify the director that it is ready	104481
to acquire, construct, or renovate a replacement facility. If the	104482
board, entity, or organization does not notify the director on or	104483
before the deadline, the director may cancel the project. Upon	104484
canceling the project, the director shall pay to the board,	104485
entity, or organization from the community capital replacement	104486
facilities fund an amount equal to the portion of the proceeds of	104487
the sale of the original facility that exceeds the value of the	104488
state's security interest in the facility.	104489

(2) Notwithstanding the deadline established under division	104490
(F)(1) of this section, if at any time a board, entity, or	104491
organization notifies the director that it does not intend to	104492
acquire, construct, or renovate a replacement facility under this	104493
section, the director shall cancel the replacement project and pay	104494
to the board, entity, or organization from the community capital	104495
replacement facilities fund an amount equal to the portion of the	104496
proceeds of the sale of the original facility that exceeds the	104497
value of the state's security interest in the facility.	104498

(G) If a replacement project is canceled after the sale of	104499
the original facility, the director of ~~mental health~~mental health	104500
and addiction services shall use funds equal to the value of the	104501
state's security interest in the original facility for additional	104502
grants or reimbursements under section ~~5119.63~~5119.42 of the	104503
Revised Code. The director shall obtain the approval of the	104504
controlling board before releasing the additional grants or	104505
reimbursements.	104506

(H) The community capital replacement facilities fund is	104507
hereby created in the state treasury. The director of ~~mental~~	104508
~~health~~mental health and addiction services shall use the fund for	104509
the purposes of this section.	104510

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	104511
has the same meaning as in section 2305.2341 of the Revised Code.	104512

(A) The department of ~~mental health~~mental health and	104513
addiction services may provide certain goods and services for the	104514
department of ~~mental health~~mental health and addiction services,	104515
the department of developmental disabilities, the department of	104516
rehabilitation and correction, the department of youth services,	104517
and other state, county, or municipal agencies requesting such	104518
goods and services when the department of ~~mental health~~mental	104519
health and addiction services determines that it is in the public	104520
interest, and considers it advisable, to provide these goods and	104521
services. The department of ~~mental health~~mental health and	104522
addiction services also may provide goods and services to agencies	104523
operated by the United States government and to public or private	104524
nonprofit agencies, other than free clinics, that are funded in	104525
whole or in part by the state if the public or private nonprofit	104526
agencies are designated for participation in this program by the	104527
director of ~~mental health~~mental health and addiction services	104528
for community addiction services providers and community mental	104529
health ~~agencies~~services providers, the director of developmental	104530
disabilities for community mental retardation and developmental	104531
disabilities agencies, the director of rehabilitation and	104532
correction for community rehabilitation and correction agencies,	104533
or the director of youth services for community youth services	104534
agencies.	104535

Designated community agencies or services providers shall	104536
receive goods and services through the department of ~~mental health~~	104537
mental health and addiction services only in those cases where the	104538
designating state agency certifies that providing such goods and	104539
services to the agency or services provider will conserve public	104540
resources to the benefit of the public and where the provision of	104541
such goods and services is considered feasible by the department	104542
of ~~mental health~~mental health and addiction services.	104543

(B) The department of ~~mental health~~mental health and	104544
addiction services may permit free clinics to purchase certain	104545
goods and services to the extent the purchases fall within the	104546
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	104547
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	104548
amended.	104549

(C) The goods and services that may be provided by the	104550
department of ~~mental health~~mental health and addiction services	104551
under divisions (A) and (B) of this section may include:	104552

(1) Procurement, storage, processing, and distribution of	104553
food and professional consultation on food operations;	104554

(2) Procurement, storage, and distribution of medical and	104555
laboratory supplies, dental supplies, medical records, forms,	104556
optical supplies, and sundries, subject to section 5120.135 of the	104557
Revised Code;	104558

(3) Procurement, storage, repackaging, distribution, and	104559
dispensing of drugs, the provision of professional pharmacy	104560
consultation, and drug information services;	104561

(4) Other goods and services.

104562

(D) The department of ~~mental health~~mental health and	104563
addiction services may provide the goods and services designated	104564
in division (C) of this section to its institutions and to	104565
state-operated community-based mental health or addiction services	104566
providers.	104567

(E) After consultation with and advice from the director of	104568
developmental disabilities, the director of rehabilitation and	104569
correction, and the director of youth services, the department of	104570
~~mental health~~mental health and addiction services may provide the	104571
goods and services designated in division (C) of this section to	104572
the department of developmental disabilities, the department of	104573
rehabilitation and correction, and the department of youth	104574
services.	104575

(F) The cost of administration of this section shall be	104576
determined by the department of ~~mental health~~mental health and	104577
addiction services and paid by the agencies, services providers,	104578
or free clinics receiving the goods and services to the department	104579
for deposit in the state treasury to the credit of the ~~mental~~	104580
~~health~~office of support services fund, which is hereby created.	104581
The fund shall be used to pay the cost of administration of this	104582
section to the department.	104583

(G) Whenever a state agency fails to make a payment for goods	104584
and services provided under this section within thirty-one days	104585
after the date the payment was due, the office of budget and	104586
management may transfer moneys from the state agency to the	104587
department of ~~mental health~~mental health and addiction services.	104588
The amount transferred shall not exceed the amount of overdue	104589
payments. Prior to making a transfer under this division, the	104590
office of budget and management shall apply any credits the state	104591
agency has accumulated in payments for goods and services provided	104592
under this section.	104593

(H) Purchases of goods and services under this section are	104594
not subject to section 307.86 of the Revised Code.	104595

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	104596
provided by law, all moneys received by the department of ~~mental~~	104597
~~health~~mental health and addiction services from the sale of goods	104598
and services, including, but not limited to, shared service	104599
agreements with other governmental entities and nongovernmental	104600
entities, employee housing and cafeteria receipts, fees for	104601
copying services, and sales of other tangible personal property	104602
under the department's control, shall be paid into the state	104603
treasury to the credit of the sale of goods and services fund,	104604
which is hereby created. Moneys received by the department	104605
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	104606
be paid into the fund. The department shall use the moneys in the	104607
fund for paying operating expenses of the department.	104608

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	104609
treasury the department of ~~mental health~~mental health and	104610
addiction services trust fund. Not later than the first day of	104611
September of each year, the director of ~~mental health~~mental	104612
health and addiction services shall certify to the director of	104613
budget and management the amount of all of the unexpended,	104614
unencumbered balances of general revenue fund appropriations made	104615
to the department of ~~mental health~~mental health and addiction	104616
services for the previous fiscal year, excluding funds	104617
appropriated for rental payments to the Ohio public facilities	104618
commission. On receipt of the certification, the director of	104619
budget and management shall transfer cash to the trust fund in an	104620
amount up to, but not exceeding, the total of the amounts	104621
certified by the director of ~~mental health~~mental health and	104622
addiction services.	104623

In addition, the trust fund shall receive all amounts,	104624
subject to any provisions in bond documents, received from the	104625
sale or lease of lands and facilities by the department.	104626

All moneys in the trust fund shall be used by the department	104627
of ~~mental health~~mental health and addiction services to pay for	104628
expenditures the department incurs in performing any of its duties	104629
under this chapter. The use of moneys in the trust fund pursuant	104630
to this section does not represent an ongoing commitment to the	104631
continuation of the trust fund or to the use of moneys in the	104632
trust fund.	104633

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	104634
~~addiction services~~mental health and addiction services shall	104635
administer the problem casino gambling and addictions fund. The	104636
director shall use the money in the fund to support ~~programs that~~	104637
~~provide~~ gambling addiction services, alcohol and drug addiction	104638
~~programs that provide alcohol and drug addiction~~ services, other	104639
~~programs~~services that relate to gambling addiction and substance	104640
abuse, and research that relates to gambling addiction and	104641
substance abuse. Treatment and prevention services ~~provided under~~	104642
~~programs~~ supported by money in the fund under this section shall	104643
be services that are ~~provided by alcohol and drug addiction~~	104644
~~treatment programs~~ certified by the department of ~~alcohol and~~	104645
~~drug addiction services or provided by counselors who are~~	104646
~~certified by the department~~mental health and addiction services.	104647
~~Prevention services provided under programssupported by money in~~	104648
~~the fund under this section shall be services that are provided by~~	104649
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	104650
~~department of alcohol and drug addiction services.~~	104651

The director shall prepare an annual report describing the	104652
use of the fund for these purposes. The director shall submit the	104653
report to the Ohio casino control commission, the speaker and	104654
minority leader of the house of representatives, the president and	104655
minority leader of the senate, the governor, and the joint	104656
committee on gaming and wagering.	104657

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	104658
~~addiction services~~mental health and addiction services shall	104659
collaborate with the state board of pharmacy and attorney general	104660
in the establishment and administration of a drug take-back	104661
program, as provided under section 4729.69 of the Revised Code.	104662

(B) The department may accept grants, gifts, or donations for	104663
purposes of the program. Money received under this division shall	104664
be deposited into the drug take-back program fund established	104665
under section 109.90 of the Revised Code.	104666

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	104667
health and addiction services may accept, hold, and administer in	104668
trust on behalf of the state, if it is for the public interest,	104669
any grant, gift, devise, or bequest of money or property made to	104670
the state for the use or benefit of any institution described in	104671
section ~~5119.02~~5119.14 of the Revised Code or for the use and	104672
benefit of mentally ill persons under its control. If the trust so	104673
provides, the money or property may be used for any work which the	104674
department of ~~mental health~~mental health and addiction services	104675
is authorized to undertake.	104676

The department shall keep such gift, grant, devise, or	104677
bequest as a distinct property or fund and, if it is in money,	104678
shall invest it in the manner provided by law. The department may	104679
deposit in a proper trust company or savings bank any money left	104680
in trust during a specified life or lives and shall adopt rules	104681
governing the deposit, transfer, withdrawal, or investment of such	104682
money and the income thereof.	104683

The department shall, in the manner prescribed by the	104684
director of budget and management pursuant to section 126.21 of	104685
the Revised Code, account for all money or property received or	104686
expended under this section. The records, together with a	104687
statement certified by the depository showing the funds deposited	104688
there to the credit of the trust, shall be open to public	104689
inspection. The director of budget and management may require the	104690
department to file a report with ~~him~~the director on any	104691
particular portion, or the whole, of any trust property received	104692
or expended by it.	104693

The department shall, upon the expiration of any trust	104694
according to its terms, dispose of the funds or property held	104695
thereunder in the manner provided in the instrument creating the	104696
trust. If the instrument creating the trust failed to make any	104697
terms of disposition, or if no trust was in evidence, then the	104698
decedent patient's money, saving or commercial deposits, dividends	104699
or distributions, bonds, or any other interest-bearing debt	104700
certificate or stamp issued by the United States government shall	104701
escheat to the state. All such unclaimed intangible personal	104702
property of a former patient shall be retained by the managing	104703
officer in such institution for the period of one year, during	104704
which time every possible effort shall be made to find such former	104705
patient or ~~his~~the former patient's legal representative.	104706

If, after a period of one year from the time the patient has	104707
left the institution or has died, the managing officer has been	104708
unable to locate such person or ~~his~~the person's legal	104709
representative, then upon proper notice of such fact the director	104710
shall at that time formulate in writing a method of disposition on	104711
the minutes of the department authorizing the managing officer to	104712
convert such intangible personal property to cash to be paid into	104713
the state treasury to the credit of the general revenue fund.	104714

The department shall include in its annual report a statement	104715
of all money and property and the terms and conditions relating	104716
thereto.	104717

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	104718
"supplemental services" has the same meaning as in section 5815.28	104719
of the Revised Code.	104720

(B) There is hereby created in the state treasury the	104721
services fund for individuals with mental illness. On the death of	104722
the beneficiary of a trust created pursuant to section 5815.28 of	104723
the Revised Code, the portion of the remaining assets of the trust	104724
specified in the trust instrument shall be deposited to the credit	104725
of the fund. Money credited to the fund shall be used for	104726
individuals with mental illness.	104727

Supplemental services may be provided through the department	104728
or boards of alcohol, drug addiction, and mental health services.	104729
In accordance with Chapter 119. of the Revised Code, the	104730
department of ~~mental health~~mental health and addiction services	104731
may adopt any rules necessary to implement this section.	104732

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	104733
institution under the jurisdiction of the department of ~~mental~~	104734
~~health~~mental health and addiction services as described in	104735
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	104736
the director of ~~mental health~~mental health and addiction	104737
services, may establish local institution funds designated as	104738
follows:	104739

(A) Industrial and entertainment fund created and maintained	104740
for the entertainment and welfare of the patients of the	104741
institution. The director shall establish rules for the operation	104742
of the industrial and entertainment fund.	104743

(B) Commissary fund created and maintained for the benefit of	104744
patients in the institution. Commissary revenue over and above	104745
operating costs and reserve shall be considered profits. All	104746
profits from the commissary fund operations shall be paid into the	104747
industrial and entertainment fund and used only for the	104748
entertainment and ~~wel fare~~welfare of patients. The director shall	104749
establish rules for the operation of the commissary fund.	104750

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	104751
charge of all funds under the jurisdiction of the department of	104752
~~mental health~~mental health and addiction services and shall pay	104753
out the same only in accordance with this chapter.	104754

The department shall cause to be furnished a contract of	104755
indemnity to cover all funds received by it or by its managing	104756
officers, employees, or agents while the funds are in the	104757
possession of such managing officers, employees or agents. Such	104758
funds are designated as follows:	104759

(A) Funds which are due and payable to the treasurer of state	104760
as provided by Chapter 131. of the Revised Code;	104761

(B) Those funds which are held in trust by the managing	104762
officers, employees, or agents of the institution as local funds	104763
or accounts under the jurisdiction of the department.	104764

Such contract of indemnity shall be made payable to the state	104765
and the premium for such contract of indemnity may be paid from	104766
any of the moneys received for the use of the department under	104767
this chapter and Chapters 5121. and 5122. of the Revised Code.	104768

Funds collected from various sources, such as the sale of	104769
goods, and all miscellaneous articles, shall be transmitted on or	104770
before Monday of each week to the treasurer of state and a	104771
detailed statement of such collections shall be made to the	104772
department.	104773

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	104774
mental health and addiction services may pay an amount for	104775
personal use to each individual residing in a state institution as	104776
described in section ~~5119.02~~5119.14 of the Revised Code who would	104777
be eligible for supplemental security income benefits at the	104778
reduced rate established by Title XVI of the "Social Security	104779
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	104780
seq., if the ~~state plan for providing medical assistance under~~	104781
~~section 5111.01 of the Revised Code included reimbursement of~~	104782
medicaid program covers services provided in such institutions.	104783
The amount paid by the department shall not exceed the reduced	104784
supplemental security income benefit rate established by Title XVI	104785
of the "Social Security Act."	104786

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	104787
managing officers of institutions under the jurisdiction of the	104788
department of ~~mental health~~mental health and addiction services	104789
by any patient under the department's control or by relatives,	104790
guardians, conservators, and others for the special benefit of	104791
such patient, as well as all other funds and all other income paid	104792
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	104793
behalf, or paid to the managing officer or to the institution as	104794
representative payee or otherwise paid on the patient's behalf,	104795
shall remain in the hands of such officers in appropriate accounts	104796
for use accordingly. The managing officer shall keep itemized book	104797
accounts of the receipt and disposition of such money and	104798
property, which book shall be open at all times to the inspection	104799
of the department. The director of ~~mental health~~mental health	104800
and addiction services shall adopt rules governing the deposit,	104801
transfer, withdrawal, or investment of the funds and the income	104802
thereof, as well as rules under which such funds and income shall	104803
be paid by managing officers for the support of the patients	104804
pursuant to Chapter 5121. of the Revised Code, or for their other	104805
needs.	104806

Whenever any patient confined in any state institution	104807
subject to the jurisdiction of the department dies, escapes, or is	104808
discharged from such institution, and any personal funds of such	104809
person remain in the hands of the managing officer thereof and no	104810
demand for such funds is made upon such managing officer by the	104811
owner of the funds or ~~his~~the owner's legally appointed	104812
representative, the managing officer shall hold the funds in the	104813
personal deposit fund for a period of at least one year during	104814
which time the managing officer shall make every effort possible	104815
to locate the owner or ~~his~~the owner's legally appointed	104816
representative.	104817

If at the end of this period no demand has been made for the	104818
funds, the managing officer shall dispose of the funds as follows:	104819

(A) All money in a personal deposit fund in excess of ten	104820
dollars due for the support of a patient shall be paid in	104821
accordance with the provisions of Chapter 5121. of the Revised	104822
Code.	104823

(B) All money in a personal deposit fund in excess of ten	104824
dollars not due for the support of a patient shall be placed to	104825
the credit of the institution's local account designated as the	104826
"industrial and entertainment" fund.	104827

(C) The first ten dollars to the credit of a patient shall be	104828
placed to the credit of the institution's local account designated	104829
as the "industrial and entertainment" fund.	104830

Whenever any patient in any state institution subject to the	104831
jurisdiction of the department dies, escapes, or is discharged	104832
from such institution, and any personal effects of such person	104833
remain in the hands of the managing officer thereof, and no demand	104834
is made upon such managing officer by the owner of the property or	104835
~~his~~the owner's legally appointed representative, the managing	104836
officer shall hold and dispose of such property in the following	104837
manner.	104838

All the miscellaneous personal effects shall be held for a	104839
period of at least one year, during which time the managing	104840
officer shall make every effort possible to locate the owner or	104841
~~his~~the owner's legal representative. If at the end of this	104842
period, no demand has been made by the owner of the property or	104843
~~his~~the owner's legal representative, the managing officer shall	104844
file with the county recorder of the county of commitment of such	104845
owner, all deeds, wills, contract mortgages, or assignments. The	104846
balance of the personal effects shall be sold at public auction	104847
after being duly advertised, and the funds turned over to the	104848
treasurer of state for credit to the general revenue fund. If any	104849
of the property is not of a type to be filed with the county	104850
recorder and is not salable at public auction, then the managing	104851
officer of the institution shall destroy such property.	104852

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	104853
department of ~~mental health~~mental health and addiction services	104854
shall submit an annual report to the governor that shall describe	104855
the services the department offers and how appropriated funds have	104856
been spent. The report shall include ~~the~~all of the following:	104857

(A) The utilization of state hospitals by each alcohol, drug	104858
addiction, and mental health service district~~, the~~;	104859

(B) The number of persons served by community addiction	104860
services providers that receive funds distributed by the	104861
department, with a breakdown into categories including age, sex,	104862
race, the type of drug to which the person is addicted, and any	104863
other categories the director of mental health and addiction	104864
services considers significant;	104865

(C) The number of severely mentally disabled persons served	104866
in each district~~, and the~~;	104867

(D) The number and types of services provided to severely	104868
mentally disabled persons through state-operated services and	104869
community mental health ~~agencies~~services providers;	104870

(E) A report measuring the success of community addiction	104871
services providers, based on the measures for accountability	104872
developed by the department, including the percentage of persons	104873
served by such community addiction services providers who have not	104874
relapsed;	104875

(F) Any other information that the director considers	104876
significant or is requested by the governor.	104877

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	104878
~~addiction services~~mental health and addiction services shall	104879
collect and compile statistics and other information on the care	104880
and treatment of mentally disabled persons, and the care,	104881
treatment, and rehabilitation of alcoholics, drug dependent	104882
persons, and persons in danger of drug dependence in this state,	104883
including, without limitation, information on the number of such	104884
persons, the type of drug involved, the type of care, treatment,	104885
or rehabilitation prescribed or undertaken, and the success or	104886
failure of the care, treatment, or rehabilitation. The department	104887
shall collect information about services delivered and persons	104888
served as required for reporting and evaluation relating to state	104889
and federal funds expended for such purposes.	104890

(B) No alcohol or, drug addiction ~~program~~, or mental health	104891
services provider shall fail to supply statistics and other	104892
information within its knowledge and with respect to its ~~programs~~	104893
services, upon request of the department.	104894

(C) Communications by a person seeking aid in good faith for	104895
alcoholism or drug dependence are confidential, and this section	104896
does not require the collection or permit the disclosure of	104897
information which reveals or comprises the identity of any person	104898
seeking aid.	104899

(D) Based on the information collected and compiled under	104900
division (A) of this section, the department shall develop a	104901
project to assess the outcomes of persons served by alcohol and	104902
drug addiction ~~programs~~services providers and mental health	104903
services providers that receive funds distributed by the	104904
department.	104905

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	104906
health" is hereby ratified, enacted into law, and entered into by	104907
the state of Ohio as a party thereto with any other state which	104908
has legally joined in the compact as follows:	104909

INTERSTATE COMPACT ON MENTAL HEALTH	104910

The contracting states solemnly agree that:

104911

Article I	104912

The party states find that the proper and expeditious	104913
treatment of the mentally ill and mentally retarded can be	104914
facilitated by cooperative action, to the benefit of the patients,	104915
their families, and society as a whole. Further, the party states	104916
find that the necessity of and desirability for furnishing such	104917
care and treatment bears no primary relation to the residence or	104918
citizenship of the patient but that, on the contrary, the	104919
controlling factors of community safety and humanitarianism	104920
require that facilities and services be made available for all who	104921
are in need of them. Consequently, it is the purpose of this	104922
compact and of the party states to provide the necessary legal	104923
basis for the institutionalization or other appropriate care and	104924
treatment of the mentally ill and mentally retarded under a system	104925
that recognizes the paramount importance of patient welfare and to	104926
establish the responsibilities of the party states in terms of	104927
such welfare.	104928

Article II	104929

As used in this compact:

104930

(a) "Sending state" shall mean a party state from which a	104931
patient is transported pursuant to the provisions of the compact	104932
or from which it is contemplated that a patient may be so sent.	104933

(b) "Receiving state" shall mean a party state to which a	104934
patient is transported pursuant to the provisions of the compact	104935
or to which it is contemplated that a patient may be so sent.	104936

(c) "Institution" shall mean any hospital or other facility	104937
maintained by a party state or political subdivision thereof for	104938
the care and treatment of mental illness or mental retardation.	104939

(d) "Patient" shall mean any person subject to or eligible as	104940
determined by the laws of the sending state, for	104941
institutionalization or other care, treatment, or supervision	104942
pursuant to the provisions of this compact.	104943

(e) "After-care" shall mean care, treatment and services	104944
provided a patient, as defined herein, or convalescent status or	104945
conditional release.	104946

(f) "Mental illness" shall mean mental disease to such extent	104947
that a person so afflicted requires care and treatment for his own	104948
welfare, or the welfare of others, or of the community.	104949

(g) "Mental retardation" shall mean mental retardation as	104950
defined by appropriate clinical authorities to such extent that a	104951
person so afflicted is incapable of managing himself and his	104952
affairs, but shall not include mental illness as defined herein.	104953

(h) "State" shall mean any state, territory or possession of	104954
the United States, the District of Columbia, and the Commonwealth	104955
of Puerto Rico.	104956

Article III	104957

(a) Whenever a person physically present in any party state	104958
shall be in need of institutionalization by reason of mental	104959
illness or mental retardation, he shall be eligible for care and	104960
treatment in an institution in that state irrespective of his	104961
residence, settlement or citizenship qualifications.	104962

(b) The provisions of paragraph (a) of this article to the	104963
contrary notwithstanding, any patient may be transferred to an	104964
institution in another state whenever there are factors based upon	104965
clinical determinations indicating that the care and treatment of	104966
said patient would be facilitated or improved thereby. Any such	104967
institutionalization may be for the entire period of care and	104968
treatment or for any portion or portions thereof. The factors	104969
referred to in this paragraph shall include the patient's full	104970
record with due regard for the location of the patient's family,	104971
character of the illness and probable duration thereof, and such	104972
other factors as shall be considered appropriate.	104973

(c) No state shall be obliged to receive any patient pursuant	104974
to the provisions of paragraph (b) of this article unless the	104975
sending state has given advance notice of its intention to send	104976
the patient; furnished all available medical and other pertinent	104977
records concerning the patient; given the qualified medical or	104978
other appropriate clinical authorities of the receiving state an	104979
opportunity to examine the patient if said authorities so wish;	104980
and unless the receiving state shall agree to accept the patient.	104981

(d) In the event that the laws of the receiving state	104982
establish a system of priorities for the admission of patients, an	104983
interstate patient under this compact shall receive the same	104984
priority as a local patient and shall be taken in the same order	104985
and at the same time that he would be taken if he were a local	104986
patient.	104987

(e) Pursuant to this compact, the determination as to the	104988
suitable place of institutionalization for a patient may be	104989
reviewed at any time and such further transfer of the patient may	104990
be made as seems likely to be in the best interest of the patient.	104991

Article IV	104992

(a) Whenever, pursuant to the laws of the state in which a	104993
patient is physically present, it shall be determined that the	104994
patient should receive after-care or supervision, such care or	104995
supervision may be provided in a receiving state. If the medical	104996
or other appropriate clinical authorities having responsibility	104997
for the care and treatment of the patient in the sending state	104998
shall have reason to believe that after-care in another state	104999
would be in the best interest of the patient and would not	105000
jeopardize the public safety, they shall request the appropriate	105001
authorities in the receiving state to investigate the desirability	105002
of affording the patient such after-care in said receiving state,	105003
and such investigation shall be made with all reasonable speed.	105004
The request for investigation shall be accompanied by complete	105005
information concerning the patient's intended place of residence	105006
and the identity of the person in whose charge it is proposed to	105007
place the patient, the complete medical history of the patient,	105008
and such other documents as may be pertinent.	105009

(b) If the medical or other appropriate clinical authorities	105010
having responsibility for the care and treatment of the patient in	105011
the sending state and the appropriate authorities in the receiving	105012
state find that the best interest of the patient would be served	105013
thereby, and if the public safety would not be jeopardized	105014
thereby, the patient may receive after-care or supervision in the	105015
receiving state.	105016

(c) In supervising, treating, or caring for a patient on	105017
after-care pursuant to the terms of this article, a receiving	105018
state shall employ the same standards of visitation, examination,	105019
care, and treatment that it employs for similar local patients.	105020

Article V	105021

Whenever a dangerous or potentially dangerous patient escapes	105022
from an institution in any party state, that state shall promptly	105023
notify all appropriate authorities within and without the	105024
jurisdiction of the escape in a manner reasonably calculated to	105025
facilitate the speedy apprehension of the escapee. Immediately	105026
upon the apprehension and identification of any such dangerous or	105027
potentially dangerous patient, he shall be detained in the state	105028
where found pending disposition in accordance with law.	105029

Article VI	105030

The duly accredited officers of any state party to this	105031
compact, upon the establishment of their authority and the	105032
identity of the patient, shall be permitted to transport any	105033
patient being moved pursuant to this compact through any and all	105034
states party to this compact, without interference.	105035

Article VII	105036

(a) No person shall be deemed a patient of more than one	105037
institution at any given time. Completion of transfer of any	105038
patient to an institution in a receiving state shall have the	105039
effect of making the person a patient of the institution in the	105040
receiving state.	105041

(b) The sending state shall pay all costs of and incidental	105042
to the transportation of any patient pursuant to this compact, but	105043
any two or more party states may, by making a specific agreement	105044
for that purpose, arrange for a different allocation of costs as	105045
among themselves.	105046

(c) No provision of this compact shall be construed to alter	105047
or affect any internal relationships among the departments,	105048
agencies and officers of and in the government of a party state,	105049
or between a party state and its subdivisions, as to the payment	105050
of costs, or responsibilities therefor.	105051

(d) Nothing in this compact shall be construed to prevent any	105052
party state or subdivision thereof from asserting any right	105053
against any person, agency or other entity in regard to costs for	105054
which such party state or subdivision thereof may be responsible	105055
pursuant to any provision of this compact.	105056

(e) Nothing in this compact shall be construed to invalidate	105057
any reciprocal agreement between a party state and a nonparty	105058
state relating to institutionalization, care or treatment of the	105059
mentally ill or mentally retarded, or any statutory authority	105060
pursuant to which such agreements may be made.	105061

Article VIII	105062

(a) Nothing in this compact shall be construed to abridge,	105063
diminish, or in any way impair the rights, duties, and	105064
responsibilities of any patient's guardian on his own behalf or in	105065
respect of any patient for whom he may serve, except that where	105066
the transfer of any patient to another jurisdiction makes	105067
advisable the appointment of a supplemental or substitute	105068
guardian, any court of competent jurisdiction in the receiving	105069
state may make such supplemental or substitute appointment and the	105070
court which appointed the previous guardian shall upon being duly	105071
advised of the new appointment, and upon the satisfactory	105072
completion of such accounting and other acts as such court may by	105073
law require, relieve the previous guardian of power and	105074
responsibility to whatever extent shall be appropriate in the	105075
circumstances; provided, however, that in the case of any patient	105076
having settlement in the sending state, the court of competent	105077
jurisdiction in the sending state shall have the sole discretion	105078
to relieve a guardian appointed by it or continue his power and	105079
responsibility, whichever it shall deem advisable. The court in	105080
the receiving state may, in its discretion, confirm or reappoint	105081
the person or persons previously serving as guardian in the	105082
sending state in lieu of making a supplemental or substitute	105083
appointment.	105084

(b) The term "guardian" as used in paragraph (a) of this	105085
article shall include any guardian, trustee, legal committee,	105086
conservator, or other person or agency however denominated who is	105087
charged by law with power to act for or responsibility for the	105088
person or property of a patient.	105089

Article IX	105090

(a) No provision of this compact except Article V shall apply	105091
to any person institutionalized while under sentence in a penal or	105092
correctional institution or while subject to trial on a criminal	105093
charge, or whose institutionalization is due to the commission of	105094
an offense for which, in the absence of mental illness or mental	105095
retardation, said person would be subject to incarceration in a	105096
penal or correctional institution.	105097

(b) To every extent possible, it shall be the policy of	105098
states party to this compact that no patient shall be placed or	105099
detained in any prison, jail or lockup, but such patient shall,	105100
with all expedition, be taken to a suitable institutional facility	105101
for mental illlness or mental retardation.	105102

Article X	105103

(a) Each party state shall appoint a "compact administrator"	105104
who, on behalf of his state, shall act as general coordinator of	105105
activities under the compact in his state and who shall receive	105106
copies of all reports, correspondence, and other documents	105107
relating to any patient processed under the compact by his state	105108
either in the capacity of sending or receiving state. The compact	105109
administrator or his duly designated representative shall be the	105110
official with whom other party states shall deal in any matter	105111
relating to the compact or any patient processed thereunder.	105112

(b) The compact administrators of the respective party states	105113
shall have power to promulgate reasonable rules and regulations to	105114
carry out more effectively the terms and provisions of this	105115
compact.	105116

Article XI	105117

The duly constituted administrative authorities of any two or	105118
more party states may enter into supplementary agreements for the	105119
provision of any service or facility or for the maintenance of any	105120
institution on a joint or cooperative basis whenever the states	105121
concerned shall find that such agreements will improve services,	105122
facilities, or institutional care and treatment in the fields of	105123
mental illness or mental retardation. No such supplementary	105124
agreement shall be construed so as to relieve any party state of	105125
any obligation which it otherwise would have under other	105126
provisions of this compact.	105127

Article XII	105128

This compact shall enter into full force and effect as to any	105129
state when enacted by it into law and such states shall thereafter	105130
be a party thereto with any and all states legally joining	105131
therein.	105132

Article XIII	105133

(a) A state party to this compact may withdraw therefrom by	105134
enacting a statute repealing the same. Such withdrawal shall take	105135
effect one year after notice thereof has been communicated	105136
officially and in writing to the governors and compact	105137
administrators of all other party states. However, the withdrawal	105138
of any state shall not change the status of any patient who has	105139
been sent to said state or sent out of said state pursuant to the	105140
provisions of the compact.	105141

(b) Withdrawal from any agreement permitted by Article VII	105142
(b) as to costs or from any supplementary agreement made pursuant	105143
to Article XI shall be in accordance with the terms of such	105144
agreement.	105145

Article XIV	105146

This compact shall be liberally construed so as to effectuate	105147
the purposes thereof. The provisions of this compact shall be	105148
severable and if any phrase, clause, sentence or provision of this	105149
compact is declared to be contrary to the constitution of any	105150
party state or of the United States or the applicability thereof	105151
to any government, agency, person or circumstance is held invalid,	105152
the validity of the remainder of this compact and the	105153
applicability thereof to any government, agency, person or	105154
circumstance shall not be affected thereby. If this compact shall	105155
be held contrary to the constitution of any state party thereto,	105156
the compact shall remain in full force and effect as to the	105157
remaining states and in full force and effect as to the state	105158
affected as to all severable matters.	105159

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	105160
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	105161
director of ~~mental health~~mental health and addiction services and	105162
the director of developmental disabilities each shall designate an	105163
officer who shall be the compact administrator for the department	105164
and who, acting jointly with like officers of other party states,	105165
shall adopt rules to carry out more effectively the terms of the	105166
compact. The compact administrators of each department shall serve	105167
subject to the pleasure of the governor and shall cooperate with	105168
all departments, agencies, and officers of and in the government	105169
of this state and its subdivisions in facilitating the proper	105170
administration of the compact or of any supplementary agreements	105171
entered into by this state thereunder.	105172

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	105173
into supplementary agreements with appropriate officials of other	105174
states pursuant to articles VII and XI of the compact set forth in	105175
section ~~5119.50~~5119.70 of the Revised Code. In the event that	105176
such supplementary agreements require or contemplate the use of	105177
any institution or facility of this state or require or	105178
contemplate the provision of any service by this state, no such	105179
agreement shall have force or effect until approved by the head of	105180
the department or agency under whose jurisdiction the institution	105181
or facility is operated or whose department or agency will be	105182
charged with the rendering of such service.	105183

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	105184
any financial obligations imposed upon the state of Ohio by the	105185
compact or by any supplementary agreement entered into thereunder,	105186
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	105187
Revised Code, shall be made from appropriated funds upon	105188
presentation to the director of budget and management of itemized	105189
vouchers approved by the compact administrator.	105190

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	105191
~~3793.39~~5119.98 of the Revised Code:	105192

(A) "Alcohol and other drug abuse" means alcoholism or drug	105193
addiction.	105194

(B) "Another drug" means a controlled substance as defined in	105195
section 3719.01 of the Revised Code or a harmful intoxicant as	105196
defined in section 2925.01 of the Revised Code.	105197

(C) "Board of alcohol, drug addiction, and mental health	105198
services" means a board of alcohol, drug addiction, and mental	105199
health services established under section 340.02 or 340.021 of the	105200
Revised Code.	105201

(D) "Danger" or "threat of danger to self, family, or others"	105202
means substantial physical harm or threat of substantial physical	105203
harm upon self, family, or others.	105204

(E) "Hospital" has the same meaning as in section 3701.01 or	105205
3727.01 of the Revised Code but does not include either a hospital	105206
operated by the department of ~~mental health~~mental health and	105207
addiction services or an inpatient unit licensed by the	105208
department.	105209

(F) "Intoxicated" means being under the influence of alcohol,	105210
another drug, or both alcohol and another drug and, as a result,	105211
having a significantly impaired ability to function.	105212

(G) "Petitioner" means a person who institutes a proceeding	105213
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	105214
Code.	105215

(H) "Probate court" means the probate division of the court	105216
of common pleas.	105217

(I) "Qualified health professional" means a person that is	105218
properly credentialed or licensed to conduct a drug and alcohol	105219
assessment and diagnosis under Ohio law.	105220

(J) "Residence" means the legal residence of a person as	105221
determined by applicable principles governing conflicts of law.	105222

(K) "Respondent" means a person alleged in a petition filed	105223
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	105224
the Revised Code to be a person who is suffering from alcohol and	105225
other drug abuse and who may be ordered under those sections to	105226
undergo treatment.	105227

(L) "Treatment" means services and programs for the care and	105228
rehabilitation of intoxicated persons and persons suffering from	105229
alcohol and other drug abuse. "Treatment" includes residential	105230
treatment, a halfway house setting, and an intensive outpatient or	105231
outpatient level of care.	105232

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	105233
treatment for a person suffering from alcohol and other drug abuse	105234
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	105235
to ~~3793.39~~5119.98 of the Revised Code.	105236

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	105237
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	105238
Revised Code unless all of the following apply to that person:	105239

(A) The person suffers from alcohol and other drug abuse.

105240

(B) The person presents an imminent danger or imminent threat	105241
of danger to self, family, or others as a result of alcohol and	105242
other drug abuse, or there exists a substantial likelihood of such	105243
a threat in the near future.	105244

105245

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	105246
for treatment for an individual suffering from alcohol and other	105247
drug abuse by filing a verified petition in the probate court and	105248
paying a filing fee in the same amount, if any, that is charged	105249
for the filing under section 5122.11 of the Revised Code of an	105250
affidavit seeking the hospitalization of a person. The petition	105251
and all subsequent court documents shall be entitled: "In the	105252
interest of (name of respondent)." A spouse, relative, or guardian	105253
of the individual concerning whom the petition is filed shall file	105254
the petition.	105255

(B) A petition filed under division (A) of this section shall	105256
set forth all of the following:	105257

(1) The petitioner's relationship to the respondent;

105258

(2) The respondent's name, residence address, and current	105259
location, if known;	105260

(3) The name and residence of the respondent's parents, if	105261
living and if known, or of the respondent's legal guardian, if any	105262
and if known;	105263

(4) The name and residence of the respondent's spouse, if any	105264
and if known;	105265

(5) The name and residence of the person having custody of	105266
the respondent, if any, or if no such person is known, the name	105267
and residence of a near relative or a statement that the person is	105268
unknown;	105269

(6) The petitioner's belief, including the factual basis for	105270
the belief, that the respondent is suffering from alcohol and	105271
other drug abuse and presents an imminent danger or imminent	105272
threat of danger to self, family, or others if not treated for	105273
alcohol or other drug abuse.	105274

(C)(1) Any petition filed pursuant to divisions (A) and (B)	105275
of this section shall be accompanied by a certificate of a	105276
physician who has examined the respondent within two days prior to	105277
the day that the petition is filed in the probate court. The	105278
physician shall be authorized to practice medicine and surgery or	105279
osteopathic medicine and surgery under Chapter 4731. of the	105280
Revised Code. The physician's certificate shall set forth the	105281
physician's findings in support of the need to treat the	105282
respondent for alcohol or other drug abuse. The certificate shall	105283
indicate if the respondent presents an imminent danger or imminent	105284
threat of danger to self, family, or others if not treated.	105285
Further, the certificate shall indicate the type and length of	105286
treatment required and if the respondent can reasonably benefit	105287
from treatment. If the physician's certificate indicates that	105288
inpatient treatment is required, the certificate shall identify	105289
any inpatient facilities known to the physician that are able and	105290
willing to provide the recommended inpatient treatment.	105291

If the respondent refuses to undergo an examination with a	105292
physician concerning the respondent's possible need for treatment	105293
for alcohol or other drug abuse, the petition shall state that the	105294
respondent has refused all requests made by the petitioner to	105295
undergo a physician's examination. In that case, the petitioner	105296
shall not be required to provide a physician's certificate with	105297
the petition.	105298

(2) Any petition filed pursuant to divisions (A) and (B) of	105299
this section shall contain a statement that the petitioner has	105300
arranged for treatment of the respondent. Further, the petition	105301
shall be accompanied by a statement from the person or facility	105302
who has agreed to provide the treatment that verifies that the	105303
person or facility has agreed to provide the treatment and the	105304
estimated cost of the treatment.	105305

(D) Any petition filed pursuant to divisions (A) and (B) of	105306
this section shall be accompanied by both of the following:	105307

(1) A security deposit to be deposited with the clerk of the	105308
probate court that will cover half of the estimated cost of	105309
treatment of the respondent;	105310

(2) A guarantee, signed by the petitioner or another person	105311
authorized to file the petition obligating the guarantor to pay	105312
the costs of the examinations of the respondent conducted by the	105313
physician and qualified health professional under division (B)(5)	105314
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	105315
respondent that are associated with a hearing conducted in	105316
accordance with section ~~3793.35~~5119.94 of the Revised Code and	105317
that the court determines to be appropriate, and the costs of any	105318
treatment ordered by the court.	105319

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	105320
under section ~~3793.34~~5119.93 of the Revised Code and the payment	105321
of the appropriate filing fee, if any, the probate court shall	105322
examine the petitioner under oath as to the contents of the	105323
petition.	105324

(B) If, after reviewing the allegations contained in the	105325
petition and examining the petitioner under oath, it appears to	105326
the probate court that there is probable cause to believe the	105327
respondent may reasonably benefit from treatment, the court shall	105328
do all of the following:	105329

(1) Schedule a hearing to be held within seven days to	105330
determine if there is clear and convincing evidence that the	105331
respondent may reasonably benefit from treatment for alcohol and	105332
other drug abuse;	105333

(2) Notify the respondent, the legal guardian, if any and if	105334
known, and the spouse, parents, or nearest relative or friend of	105335
the respondent concerning the allegations and contents of the	105336
petition and of the date and purpose of the hearing;	105337

(3) Notify the respondent that the respondent may retain	105338
counsel and, if the person is unable to obtain an attorney, that	105339
the respondent may be represented by court-appointed counsel at	105340
public expense if the person is indigent. Upon the appointment of	105341
an attorney to represent an indigent respondent, the court shall	105342
notify the respondent of the name, address, and telephone number	105343
of the attorney appointed to represent the respondent.	105344

(4) Notify the respondent that the court shall cause the	105345
respondent to be examined not later than twenty-four hours before	105346
the hearing date by a physician for the purpose of a physical	105347
examination and by a qualified health professional for the purpose	105348
of a drug and alcohol addiction assessment and diagnosis. In	105349
addition, the court shall notify the respondent that the	105350
respondent may have an independent expert evaluation of the	105351
person's physical and mental condition conducted at the	105352
respondent's own expense.	105353

(5) Cause the respondent to be examined not later than	105354
twenty-four hours before the hearing date by a physician for the	105355
purpose of a physical examination and by a qualified health	105356
professional for the purpose of a drug and alcohol addiction	105357
assessment and diagnosis;	105358

(6) Conduct the hearing.

105359

(C) The physician and qualified health professional who	105360
examine the respondent pursuant to division (B)(5) of this section	105361
or who are obtained by the respondent at the respondent's own	105362
expense shall certify their findings to the court within	105363
twenty-four hours of the examinations. The findings of each	105364
qualified health professional shall include a recommendation for	105365
treatment if the qualified health professional determines that	105366
treatment is necessary.	105367

(D)(1) If upon completion of the hearing held under this	105368
section the probate court finds by clear and convincing evidence	105369
that the respondent may reasonably benefit from treatment, the	105370
court may order the treatment after considering the qualified	105371
health professionals' recommendations for treatment that have been	105372
submitted to the court under division (C) of this section. If the	105373
court orders the treatment under this division, the court shall	105374
order the treatment to be provided through ~~an alcohol and drug~~a	105375
community addiction ~~program~~services provider certified under	105376
section ~~3793.06~~5119.36 of the Revised Code or by an individual	105377
licensed or certified by the state medical board under Chapter	105378
4731. of the Revised Code, the chemical dependency professionals	105379
board under Chapter 4758. of the Revised Code, the counselor,	105380
social worker, and marriage and family therapist board under	105381
Chapter 4757. of the Revised Code, or a similar board of another	105382
state authorized to provide substance abuse treatment.	105383

(2) Failure of a respondent to undergo and complete any	105384
treatment ordered pursuant to this division is contempt of court.	105385
Any alcohol and drug addiction program or person providing	105386
treatment under this division shall notify the probate court of a	105387
respondent's failure to undergo or complete the ordered treatment.	105388

(E) If, at any time after a petition is filed under section	105389
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	105390
there is not probable cause to continue treatment or if the	105391
petitioner withdraws the petition, then the court shall dismiss	105392
the proceedings against the respondent.	105393

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	105394
qualified health professional and a certification by that	105395
professional that the person meets the criteria specified in	105396
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	105397
order the person hospitalized for a period not to exceed	105398
seventy-two hours if the court finds by clear and convincing	105399
evidence that the person presents an imminent threat of danger to	105400
self, family, or others as a result of alcohol and other drug	105401
abuse. However, if the hearing to be held under section ~~3793.35~~	105402
5119.94 of the Revised Code will not be held within seventy-two	105403
hours, the court may order the person hospitalized until the	105404
hearing. In making its order, the court shall inform the person	105405
that the person may immediately make a reasonable number of	105406
telephone calls or use other reasonable means to contact an	105407
attorney, a licensed physician, or a qualified health	105408
professional, to contact any other person or persons to secure	105409
representation by counsel, or to obtain medical or psychological	105410
assistance and that the person will be provided assistance in	105411
making calls if the assistance is needed and requested.	105412

(B) Any person who has been admitted to a hospital under	105413
division (A) of this section shall be released from the hospital	105414
immediately upon the expiration of the time period established by	105415
the court for the hospitalization.	105416

(C) No person ordered hospitalized under this section shall	105417
be held in jail pending transportation to the hospital or	105418
evaluation unless the probate court previously has found the	105419
person to be in contempt of court for either failure to undergo	105420
treatment or failure to appear at the evaluation ordered pursuant	105421
to section ~~3793.35~~5119.94 of the Revised Code.	105422

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	105423
issue an order that the respondent be transported to a hospital,	105424
the court may issue a summons. If the respondent fails to attend	105425
an examination scheduled before the hearing under section ~~3793.35~~	105426
5119.94 of the Revised Code, the court shall issue a summons. A	105427
summons so issued shall be directed to the respondent and shall	105428
command the respondent to appear at a time and place specified in	105429
the summons. If a respondent who has been summoned fails to appear	105430
at the hospital or the examination, the probate court may order	105431
the sheriff or any other peace officer to transport the respondent	105432
to a hospital on the list provided under section ~~3793.38~~5119.97	105433
of the Revised Code for treatment. The sheriff or any other peace	105434
officer, upon agreement of a person authorized by the peace	105435
officer, may authorize a board of alcohol, drug addiction, and	105436
mental health services, a private ~~agency~~services provider under	105437
contract with a board of alcohol, drug addiction, and mental	105438
health services, or an ambulance service designated by a board of	105439
alcohol, drug addiction, and mental health services to transport	105440
the respondent to the hospital. The transportation costs of the	105441
sheriff, other peace officer, ambulance service, or other private	105442
~~agency~~services provider under contract with the board of alcohol,	105443
drug addiction, and mental health services shall be included in	105444
the costs of treatment for alcohol and other drug abuse to be paid	105445
by the petitioner.	105446

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	105447
and mental health services on at least an annual basis shall	105448
submit each of the following lists to the clerk of the probate	105449
court in each county served by the board:	105450

(A) A list of all hospitals in the counties served by the	105451
board that are able and willing to take respondents ordered to	105452
undergo seventy-two hours of treatment and observation pursuant to	105453
section ~~3793.36~~5119.95 of the Revised Code;	105454

(B) A list of hospitals and treatment providers in the	105455
counties served by the board that are able and willing to provide	105456
treatment for alcohol and other drug abuse ordered pursuant to	105457
section ~~3793.35~~5119.94 of the Revised Code.	105458

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	105459
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	105460
who is ordered to undergo treatment under sections ~~3793.31 to~~	105461
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	105462

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	105463
of the Revised Code is guilty of a misdemeanor of the first	105464
degree.	105465

(B) Whoever violates division (B) of section 5119.61 of the	105466
Revised Code is guilty of a misdemeanor of the fourth degree.	105467

(C) Whoever violates section 5119.27 or 5119.28 or division	105468
(G) of section 5119.36 of the Revised Code is guilty of a felony	105469
of the fifth degree.	105470

Sec. 5120.07. (A) There is hereby created the ex-offender	105471
reentry coalition consisting of the following ~~eighteen~~seventeen	105472
members or their designees:	105473

(1) The director of rehabilitation and correction;

105474

(2) The director of aging;

105475

(3) The director of ~~alcohol and drug addiction services~~	105476
mental health and addiction services;	105477

(4) The director of development services;

105478

(5) The superintendent of public instruction;

105479

(6) The director of health;

105480

(7) The director of job and family services;

105481

(8) ~~The director of mental health;~~

105482

~~(9)~~ The director of developmental disabilities;

105483

~~(10)~~(9) The director of public safety;

105484

~~(11)~~(10) The director of youth services;

105485

~~(12)~~(11) The chancellor of the Ohio board of regents;

105486

~~(13)~~(12) A representative or member of the governor's staff;

105487

~~(14)~~(13) The executive director of the ~~rehabilitation~~	105488
~~services commission~~opportunities for Ohioans with disabilities	105489
agency;	105490

~~(15)~~(14) The director of the department of commerce;

105491

~~(16)~~(15) The executive director of a health care licensing	105492
board created under Title XLVII of the Revised Code, as appointed	105493
by the chairperson of the coalition;	105494

~~(17)~~(16) The director of veterans services;

105495

~~(18)~~(17) An ex-offender appointed by the director of	105496
rehabilitation and correction.	105497

(B) The members of the coalition shall serve without	105498
compensation. The director of rehabilitation and correction or the	105499
director's designee shall be the chairperson of the coalition.	105500

(C) In consultation with persons interested and involved in	105501
the reentry of ex-offenders into the community, including but not	105502
limited to, services providers, community-based organizations, and	105503
local governments, the coalition shall identify and examine social	105504
service barriers and other obstacles to the reentry of	105505
ex-offenders into the community. Not later than one year after	105506
April 7, 2009, and on or before the same date of each year	105507
thereafter, the coalition shall submit to the speaker of the house	105508
of representatives and the president of the senate a report,	105509
including recommendations for legislative action, the activities	105510
of the coalition, and the barriers affecting the successful	105511
reentry of ex-offenders into the community. The report shall	105512
analyze the effects of those barriers on ex-offenders and on their	105513
children and other family members in various areas, including but	105514
not limited to, the following:	105515

(1) Admission to public and other housing;

105516

(2) Child support obligations and procedures;

105517

(3) Parental incarceration and family reunification;

105518

(4) Social security benefits, veterans' benefits, food	105519
stamps, and other forms of public assistance;	105520

(5) Employment;

105521

(6) Education programs and financial assistance;

105522

(7) Substance abuse~~, mental health,~~ and sex offender	105523
treatment programs and financial assistance and mental health	105524
services and financial assistance;	105525

(8) Civic and political participation;

105526

(9) Other collateral consequences under the Revised Code or	105527
the Ohio administrative code law that may result from a criminal	105528
conviction.	105529

(D)(1) The report shall also include the following	105530
information:	105531

(a) Identification of state appropriations for reentry	105532
programs;	105533

(b) Identification of other funding sources for reentry	105534
programs that are not funded by the state;	105535

(2) The coalition shall gather information about reentry	105536
programs in a repository maintained and made available by the	105537
coalition. Where available, the information shall include the	105538
following:	105539

(a) The amount of funding received;

105540

(b) The number of program participants;

105541

(c) The composition of the program, including program goals,	105542
methods for measuring success, and program success rate;	105543

(d) The type of post-program tracking that is utilized;

105544

(e) Information about employment rates and recidivism rates	105545
of ex-offenders.	105546

(E) The coalition shall cease to exist on December 31, 2014.

105547

Sec. 5120.09. Under the supervision and control of the	105548
director of rehabilitation and correction, the division of	105549
business administration shall do all of the following:	105550

(A) Submit the budgets for the several divisions of the	105551
department of rehabilitation and correction, as prepared by the	105552
respective chiefs of those divisions, to the director. The	105553
director, with the assistance of the chief of the division of	105554
business administration, shall compile a departmental budget that	105555
contains all proposals submitted by the chiefs of the divisions	105556
and shall forward the departmental budget to the governor with	105557
comments and recommendations that the director considers	105558
necessary.	105559

(B) Maintain accounts and records and compile statistics that	105560
the director prescribes;	105561

(C) Under the control of the director, coordinate and make	105562
the necessary purchases and requisitions for the department and	105563
its divisions, except when goods and services are provided to the	105564
department as described in section ~~5119.16~~5119.44 of the Revised	105565
Code;	105566

(D) Administer within this state federal criminal justice	105567
acts that the governor requires the department to administer. In	105568
order to improve the criminal justice system of this state, the	105569
division of business administration shall apply for, allocate,	105570
disburse, and account for grants that are made available pursuant	105571
to those federal criminal justice acts and grants that are made	105572
available from other federal government sources, state government	105573
sources, or private sources. As used in this division, "criminal	105574
justice system" and "federal criminal justice acts" have the same	105575
meanings as in section 5502.61 of the Revised Code.	105576

(E) Audit the activities of governmental entities, persons as	105577
defined in section 1.59 of the Revised Code, and other types of	105578
nongovernmental entities that are financed in whole or in part by	105579
funds that the department allocates or disburses and that are	105580
derived from grants described in division (D) of this section;	105581

(F) Enter into contracts, including contracts with federal,	105582
state, or local governmental entities, persons as defined in	105583
section 1.59 of the Revised Code, foundations, and other types of	105584
nongovernmental entities, that are necessary for the department to	105585
carry out its duties and that neither the director nor another	105586
section of the Revised Code authorizes another division of the	105587
department to enter;	105588

(G) Exercise other powers and perform other duties that the	105589
director may assign to the division of business administration.	105590

Sec. 5120.135. (A) As used in this section, "laboratory	105591
services" includes the performance of medical laboratory analysis;	105592
professional laboratory and pathologist consultation; the	105593
procurement, storage, and distribution of laboratory supplies; and	105594
the performance of phlebotomy services.	105595

(B) The department of rehabilitation and correction may	105596
provide laboratory services to the departments of ~~mental health~~	105597
mental health and addiction services, developmental disabilities,	105598
youth services, and rehabilitation and correction. The department	105599
of rehabilitation and correction may also provide laboratory	105600
services to other state, county, or municipal agencies and to	105601
private persons that request laboratory services if the department	105602
of rehabilitation and correction determines that the provision of	105603
laboratory services is in the public interest and considers it	105604
advisable to provide such services. The department of	105605
rehabilitation and correction may also provide laboratory services	105606
to agencies operated by the United States government and to public	105607
and private entities funded in whole or in part by the state if	105608
the director of rehabilitation and correction designates them as	105609
eligible to receive such services.	105610

The department of rehabilitation and correction shall provide	105611
laboratory services from a laboratory that complies with the	105612
standards for certification set by the United States department of	105613
health and human services under the "Clinical Laboratory	105614
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	105615
In addition, the laboratory shall maintain accreditation or	105616
certification with an appropriate accrediting or certifying	105617
organization as considered necessary by the recipients of its	105618
laboratory services and as authorized by the director of	105619
rehabilitation and correction.	105620

(C) The cost of administering this section shall be	105621
determined by the department of rehabilitation and correction and	105622
shall be paid by entities that receive laboratory services to the	105623
department for deposit in the state treasury to the credit of the	105624
laboratory services fund, which is hereby created. The fund shall	105625
be used to pay the costs the department incurs in administering	105626
this section.	105627

(D) Whenever a state agency fails to make a payment for	105628
laboratory services provided to it by the department of	105629
rehabilitation and correction under this section within thirty-one	105630
days after the date the payment was due, the office of budget and	105631
management may transfer moneys from that state agency to the	105632
department of rehabilitation and correction for deposit to the	105633
credit of the laboratory services fund. The amount transferred	105634
shall not exceed the amount of the overdue payments. Prior to	105635
making a transfer under this division, the office shall apply any	105636
credits the state agency has accumulated in payment for laboratory	105637
services provided under this section.	105638

Sec. 5120.17. (A) As used in this section:

105639

(1) "Mental illness" means a substantial disorder of thought,	105640
mood, perception, orientation, or memory that grossly impairs	105641
judgment, behavior, capacity to recognize reality, or ability to	105642
meet the ordinary demands of life.	105643

(2) "Mentally ill person subject to hospitalization" means a	105644
mentally ill person to whom any of the following applies because	105645
of the person's mental illness:	105646

(a) The person represents a substantial risk of physical harm	105647
to the person as manifested by evidence of threats of, or attempts	105648
at, suicide or serious self-inflicted bodily harm.	105649

(b) The person represents a substantial risk of physical harm	105650
to others as manifested by evidence of recent homicidal or other	105651
violent behavior, evidence of recent threats that place another in	105652
reasonable fear of violent behavior and serious physical harm, or	105653
other evidence of present dangerousness.	105654

(c) The person represents a substantial and immediate risk of	105655
serious physical impairment or injury to the person as manifested	105656
by evidence that the person is unable to provide for and is not	105657
providing for the person's basic physical needs because of the	105658
person's mental illness and that appropriate provision for those	105659
needs cannot be made immediately available in the correctional	105660
institution in which the inmate is currently housed.	105661

(d) The person would benefit from treatment in a hospital for	105662
the person's mental illness and is in need of treatment in a	105663
hospital as manifested by evidence of behavior that creates a	105664
grave and imminent risk to substantial rights of others or the	105665
person.	105666

(3) "Psychiatric hospital" means all or part of a facility	105667
that is operated and managed by the department of ~~mental health~~	105668
mental health and addiction services to provide psychiatric	105669
hospitalization services in accordance with the requirements of	105670
this section pursuant to an agreement between the directors of	105671
rehabilitation and correction and ~~mental health~~mental health and	105672
addiction services or, is licensed by the department of ~~mental~~	105673
~~health~~mental health and addiction services pursuant to section	105674
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	105675
is accredited by a ~~healthcare~~health care accrediting organization	105676
approved by the department of ~~mental health~~mental health and	105677
addiction services and the psychiatric hospital is any of the	105678
following:	105679

(a) Operated and managed by the department of rehabilitation	105680
and correction within a facility that is operated by the	105681
department of rehabilitation and correction;	105682

(b) Operated and managed by a contractor for the department	105683
of rehabilitation and correction within a facility that is	105684
operated by the department of rehabilitation and correction;	105685

(c) Operated and managed in the community by an entity that	105686
has contracted with the department of rehabilitation and	105687
correction to provide psychiatric hospitalization services in	105688
accordance with the requirements of this section.	105689

(4) "Inmate patient" means an inmate who is admitted to a	105690
psychiatric hospital.	105691

(5) "Admitted" to a psychiatric hospital means being accepted	105692
for and staying at least one night at the psychiatric hospital.	105693

(6) "Treatment plan" means a written statement of reasonable	105694
objectives and goals for an inmate patient that is based on the	105695
needs of the inmate patient and that is established by the	105696
treatment team, with the active participation of the inmate	105697
patient and with documentation of that participation. "Treatment	105698
plan" includes all of the following:	105699

(a) The specific criteria to be used in evaluating progress	105700
toward achieving the objectives and goals;	105701

(b) The services to be provided to the inmate patient during	105702
the inmate patient's hospitalization;	105703

(c) The services to be provided to the inmate patient after	105704
discharge from the hospital, including, but not limited to,	105705
housing and mental health services provided at the state	105706
correctional institution to which the inmate patient returns after	105707
discharge or community mental health services.	105708

(7) "Mentally retarded person subject to institutionalization	105709
by court order" has the same meaning as in section 5123.01 of the	105710
Revised Code.	105711

(8) "Emergency transfer" means the transfer of a mentally ill	105712
inmate to a psychiatric hospital when the inmate presents an	105713
immediate danger to self or others and requires hospital-level	105714
care.	105715

(9) "Uncontested transfer" means the transfer of a mentally	105716
ill inmate to a psychiatric hospital when the inmate has the	105717
mental capacity to, and has waived, the hearing required by	105718
division (B) of this section.	105719

(10)(a) "Independent decision-maker" means a person who is	105720
employed or retained by the department of rehabilitation and	105721
correction and is appointed by the chief or chief clinical officer	105722
of mental health services as a hospitalization hearing officer to	105723
conduct due process hearings.	105724

(b) An independent decision-maker who presides over any	105725
hearing or issues any order pursuant to this section shall be a	105726
psychiatrist, psychologist, or attorney, shall not be specifically	105727
associated with the institution in which the inmate who is the	105728
subject of the hearing or order resides at the time of the hearing	105729
or order, and previously shall not have had any treatment	105730
relationship with nor have represented in any legal proceeding the	105731
inmate who is the subject of the order.	105732

(B)(1) Except as provided in division (C) of this section, if	105733
the warden of a state correctional institution or the warden's	105734
designee believes that an inmate should be transferred from the	105735
institution to a psychiatric hospital, the department shall hold a	105736
hearing to determine whether the inmate is a mentally ill person	105737
subject to hospitalization. The department shall conduct the	105738
hearing at the state correctional institution in which the inmate	105739
is confined, and the department shall provide qualified	105740
independent assistance to the inmate for the hearing. An	105741
independent decision-maker provided by the department shall	105742
preside at the hearing and determine whether the inmate is a	105743
mentally ill person subject to hospitalization.	105744

(2) Except as provided in division (C) of this section, prior	105745
to the hearing held pursuant to division (B)(1) of this section,	105746
the warden or the warden's designee shall give written notice to	105747
the inmate that the department is considering transferring the	105748
inmate to a psychiatric hospital, that it will hold a hearing on	105749
the proposed transfer at which the inmate may be present, that at	105750
the hearing the inmate has the rights described in division (B)(3)	105751
of this section, and that the department will provide qualified	105752
independent assistance to the inmate with respect to the hearing.	105753
The department shall not hold the hearing until the inmate has	105754
received written notice of the proposed transfer and has had	105755
sufficient time to consult with the person appointed by the	105756
department to provide assistance to the inmate and to prepare for	105757
a presentation at the hearing.	105758

(3) At the hearing held pursuant to division (B)(1) of this	105759
section, the department shall disclose to the inmate the evidence	105760
that it relies upon for the transfer and shall give the inmate an	105761
opportunity to be heard. Unless the independent decision-maker	105762
finds good cause for not permitting it, the inmate may present	105763
documentary evidence and the testimony of witnesses at the hearing	105764
and may confront and cross-examine witnesses called by the	105765
department.	105766

(4) If the independent decision-maker does not find clear and	105767
convincing evidence that the inmate is a mentally ill person	105768
subject to hospitalization, the department shall not transfer the	105769
inmate to a psychiatric hospital but shall continue to confine the	105770
inmate in the same state correctional institution or in another	105771
state correctional institution that the department considers	105772
appropriate. If the independent decision-maker finds clear and	105773
convincing evidence that the inmate is a mentally ill person	105774
subject to hospitalization, the decision-maker shall order that	105775
the inmate be transported to a psychiatric hospital for	105776
observation and treatment for a period of not longer than thirty	105777
days. After the hearing, the independent decision-maker shall	105778
submit to the department a written decision that states one of the	105779
findings described in division (B)(4) of this section, the	105780
evidence that the decision-maker relied on in reaching that	105781
conclusion, and, if the decision is that the inmate should be	105782
transferred, the reasons for the transfer.	105783

(C)(1) The department may transfer an inmate to a psychiatric	105784
hospital under an emergency transfer order if the chief clinical	105785
officer of mental health services of the department or that	105786
officer's designee and either a psychiatrist employed or retained	105787
by the department or, in the absence of a psychiatrist, a	105788
psychologist employed or retained by the department determines	105789
that the inmate is mentally ill, presents an immediate danger to	105790
self or others, and requires hospital-level care.	105791

(2) The department may transfer an inmate to a psychiatric	105792
hospital under an uncontested transfer order if both of the	105793
following apply:	105794

(a) A psychiatrist employed or retained by the department	105795
determines all of the following apply:	105796

(i) The inmate has a mental illness or is a mentally ill	105797
person subject to hospitalization.	105798

(ii) The inmate requires hospital care to address the mental	105799
illness.	105800

(iii) The inmate has the mental capacity to make a reasoned	105801
choice regarding the inmate's transfer to a hospital.	105802

(b) The inmate agrees to a transfer to a hospital.

105803

(3) The written notice and the hearing required under	105804
divisions (B)(1) and (2) of this section are not required for an	105805
emergency transfer or uncontested transfer under division (C)(1)	105806
or (2) of this section.	105807

(4) After an emergency transfer under division (C)(1) of this	105808
section, the department shall hold a hearing for continued	105809
hospitalization within five working days after admission of the	105810
transferred inmate to the psychiatric hospital. The department	105811
shall hold subsequent hearings pursuant to division (F) of this	105812
section at the same intervals as required for inmate patients who	105813
are transported to a psychiatric hospital under division (B)(4) of	105814
this section.	105815

(5) After an uncontested transfer under division (C)(2) of	105816
this section, the inmate may withdraw consent to the transfer in	105817
writing at any time. Upon the inmate's withdrawal of consent, the	105818
hospital shall discharge the inmate, or, within five working days,	105819
the department shall hold a hearing for continued hospitalization.	105820
The department shall hold subsequent hearings pursuant to division	105821
(F) of this section at the same time intervals as required for	105822
inmate patients who are transported to a psychiatric hospital	105823
under division (B)(4) of this section.	105824

(D)(1) If an independent decision-maker, pursuant to division	105825
(B)(4) of this section, orders an inmate transported to a	105826
psychiatric hospital or if an inmate is transferred pursuant to	105827
division (C)(1) or (2) of this section, the staff of the	105828
psychiatric hospital shall examine the inmate patient when	105829
admitted to the psychiatric hospital as soon as practicable after	105830
the inmate patient arrives at the hospital and no later than	105831
twenty-four hours after the time of arrival. The attending	105832
physician responsible for the inmate patient's care shall give the	105833
inmate patient all information necessary to enable the patient to	105834
give a fully informed, intelligent, and knowing consent to the	105835
treatment the inmate patient will receive in the hospital. The	105836
attending physician shall tell the inmate patient the expected	105837
physical and medical consequences of any proposed treatment and	105838
shall give the inmate patient the opportunity to consult with	105839
another psychiatrist at the hospital and with the inmate advisor.	105840

(2) No inmate patient who is transported or transferred	105841
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	105842
psychiatric hospital within a facility that is operated by the	105843
department of rehabilitation and correction shall be subjected to	105844
any of the following procedures:	105845

(a) Convulsive therapy;

105846

(b) Major aversive interventions;

105847

105848

(d) Psychosurgery.

105849

(E) The department of rehabilitation and correction shall	105850
ensure that an inmate patient hospitalized pursuant to this	105851
section receives or has all of the following:	105852

(1) Receives sufficient professional care within twenty days	105853
of admission to ensure that an evaluation of the inmate patient's	105854
current status, differential diagnosis, probable prognosis, and	105855
description of the current treatment plan have been formulated and	105856
are stated on the inmate patient's official chart;	105857

(2) Has a written treatment plan consistent with the	105858
evaluation, diagnosis, prognosis, and goals of treatment;	105859

(3) Receives treatment consistent with the treatment plan;

105860

(4) Receives periodic reevaluations of the treatment plan by	105861
the professional staff at intervals not to exceed thirty days;	105862

(5) Is provided with adequate medical treatment for physical	105863
disease or injury;	105864

(6) Receives humane care and treatment, including, without	105865
being limited to, the following:	105866

(a) Access to the facilities and personnel required by the	105867
treatment plan;	105868

(b) A humane psychological and physical environment;

105869

(c) The right to obtain current information concerning the	105870
treatment program, the expected outcomes of treatment, and the	105871
expectations for the inmate patient's participation in the	105872
treatment program in terms that the inmate patient reasonably can	105873
understand;	105874

(d) Opportunity for participation in programs designed to	105875
help the inmate patient acquire the skills needed to work toward	105876
discharge from the psychiatric hospital;	105877

(e) The right to be free from unnecessary or excessive	105878
medication and from unnecessary restraints or isolation;	105879

(f) All other rights afforded inmates in the custody of the	105880
department consistent with rules, policy, and procedure of the	105881
department.	105882

(F) The department shall hold a hearing for the continued	105883
hospitalization of an inmate patient who is transported or	105884
transferred to a psychiatric hospital pursuant to division (B)(4)	105885
or (C)(1) of this section prior to the expiration of the initial	105886
thirty-day period of hospitalization. The department shall hold	105887
any subsequent hearings, if necessary, not later than ninety days	105888
after the first thirty-day hearing and then not later than each	105889
one hundred and eighty days after the immediately prior hearing.	105890
An independent decision-maker shall conduct the hearings at the	105891
psychiatric hospital in which the inmate patient is confined. The	105892
inmate patient shall be afforded all of the rights set forth in	105893
this section for the hearing prior to transfer to the psychiatric	105894
hospital. The department may not waive a hearing for continued	105895
commitment. A hearing for continued commitment is mandatory for an	105896
inmate patient transported or transferred to a psychiatric	105897
hospital pursuant to division (B)(4) or (C)(1) of this section	105898
unless the inmate patient has the capacity to make a reasoned	105899
choice to execute a waiver and waives the hearing in writing. An	105900
inmate patient who is transferred to a psychiatric hospital	105901
pursuant to an uncontested transfer under division (C)(2) of this	105902
section and who has scheduled hearings after withdrawal of consent	105903
for hospitalization may waive any of the scheduled hearings if the	105904
inmate has the capacity to make a reasoned choice and executes a	105905
written waiver of the hearing.	105906

If upon completion of the hearing the independent	105907
decision-maker does not find by clear and convincing evidence that	105908
the inmate patient is a mentally ill person subject to	105909
hospitalization, the independent decision-maker shall order the	105910
inmate patient's discharge from the psychiatric hospital. If the	105911
independent decision-maker finds by clear and convincing evidence	105912
that the inmate patient is a mentally ill person subject to	105913
hospitalization, the independent decision-maker shall order that	105914
the inmate patient remain at the psychiatric hospital for	105915
continued hospitalization until the next required hearing.	105916

If at any time prior to the next required hearing for	105917
continued hospitalization, the medical director of the hospital or	105918
the attending physician determines that the treatment needs of the	105919
inmate patient could be met equally well in an available and	105920
appropriate less restrictive state correctional institution or	105921
unit, the medical director or attending physician may discharge	105922
the inmate to that facility.	105923

(G) An inmate patient is entitled to the credits toward the	105924
reduction of the inmate patient's stated prison term pursuant to	105925
Chapters 2967. and 5120. of the Revised Code under the same terms	105926
and conditions as if the inmate patient were in any other	105927
institution of the department of rehabilitation and correction.	105928

(H) The adult parole authority may place an inmate patient on	105929
parole or under post-release control directly from a psychiatric	105930
hospital.	105931

(I) If an inmate patient who is a mentally ill person subject	105932
to hospitalization is to be released from a psychiatric hospital	105933
because of the expiration of the inmate patient's stated prison	105934
term, the director of rehabilitation and correction or the	105935
director's designee, at least fourteen days before the expiration	105936
date, may file an affidavit under section 5122.11 or 5123.71 of	105937
the Revised Code with the probate court in the county where the	105938
psychiatric hospital is located or the probate court in the county	105939
where the inmate will reside, alleging that the inmate patient is	105940
a mentally ill person subject to hospitalization by court order or	105941
a mentally retarded person subject to institutionalization by	105942
court order, whichever is applicable. The proceedings in the	105943
probate court shall be conducted pursuant to Chapter 5122. or	105944
5123. of the Revised Code except as modified by this division.	105945

Upon the request of the inmate patient, the probate court	105946
shall grant the inmate patient an initial hearing under section	105947
5122.141 of the Revised Code or a probable cause hearing under	105948
section 5123.75 of the Revised Code before the expiration of the	105949
stated prison term. After holding a full hearing, the probate	105950
court shall make a disposition authorized by section 5122.15 or	105951
5123.76 of the Revised Code before the date of the expiration of	105952
the stated prison term. No inmate patient shall be held in the	105953
custody of the department of rehabilitation and correction past	105954
the date of the expiration of the inmate patient's stated prison	105955
term.	105956

(J) The department of rehabilitation and correction shall set	105957
standards for treatment provided to inmate patients.	105958

(K) A certificate, application, record, or report that is	105959
made in compliance with this section and that directly or	105960
indirectly identifies an inmate or former inmate whose	105961
hospitalization has been sought under this section is	105962
confidential. No person shall disclose the contents of any	105963
certificate, application, record, or report of that nature or any	105964
other psychiatric or medical record or report regarding a mentally	105965
ill inmate unless one of the following applies:	105966

(1) The person identified, or the person's legal guardian, if	105967
any, consents to disclosure, and the chief clinical officer or	105968
designee of mental health services of the department of	105969
rehabilitation and correction determines that disclosure is in the	105970
best interests of the person.	105971

(2) Disclosure is required by a court order signed by a	105972
judge.	105973

(3) An inmate patient seeks access to the inmate patient's	105974
own psychiatric and medical records, unless access is specifically	105975
restricted in the treatment plan for clear treatment reasons.	105976

(4) Hospitals and other institutions and facilities within	105977
the department of rehabilitation and correction may exchange	105978
psychiatric records and other pertinent information with other	105979
hospitals, institutions, and facilities of the department, but the	105980
information that may be released about an inmate patient is	105981
limited to medication history, physical health status and history,	105982
summary of course of treatment in the hospital, summary of	105983
treatment needs, and a discharge summary, if any.	105984

(5) An inmate patient's family member who is involved in	105985
planning, providing, and monitoring services to the inmate patient	105986
may receive medication information, a summary of the inmate	105987
patient's diagnosis and prognosis, and a list of the services and	105988
personnel available to assist the inmate patient and family if the	105989
attending physician determines that disclosure would be in the	105990
best interest of the inmate patient. No disclosure shall be made	105991
under this division unless the inmate patient is notified of the	105992
possible disclosure, receives the information to be disclosed, and	105993
does not object to the disclosure.	105994

(6) The department of rehabilitation and correction may	105995
exchange psychiatric hospitalization records, other mental health	105996
treatment records, and other pertinent information with county	105997
sheriffs' offices, hospitals, institutions, and facilities of the	105998
department of ~~mental health~~mental health and addiction services	105999
and with community mental health ~~agencies~~services providers and	106000
boards of alcohol, drug addiction, and mental health services with	106001
which the department of ~~mental health~~mental health and addiction	106002
services has a current agreement for patient care or services to	106003
ensure continuity of care. Disclosure under this division is	106004
limited to records regarding a mentally ill inmate's medication	106005
history, physical health status and history, summary of course of	106006
treatment, summary of treatment needs, and a discharge summary, if	106007
any. No office, department, agency, provider, or board shall	106008
disclose the records and other information unless one of the	106009
following applies:	106010

(a) The mentally ill inmate is notified of the possible	106011
disclosure and consents to the disclosure.	106012

(b) The mentally ill inmate is notified of the possible	106013
disclosure, an attempt to gain the consent of the inmate is made,	106014
and the office, department, agency, or board documents the attempt	106015
to gain consent, the inmate's objections, if any, and the reasons	106016
for disclosure in spite of the inmate's objections.	106017

(7) Information may be disclosed to staff members designated	106018
by the director of rehabilitation and correction for the purpose	106019
of evaluating the quality, effectiveness, and efficiency of	106020
services and determining if the services meet minimum standards.	106021

The name of an inmate patient shall not be retained with the	106022
information obtained during the evaluations.	106023

(L) The director of rehabilitation and correction may adopt	106024
rules setting forth guidelines for the procedures required under	106025
divisions (B), (C)(1), and (C)(2) of this section.	106026

Sec. 5120.171. (A) The department of rehabilitation and	106027
correction shall have exclusive direction and control of the care	106028
and treatment of seriously mentally ill inmates who are in the	106029
department's custody. The department shall enter into any	106030
arrangements it considers desirable on such matters, including but	106031
not limited to both of the following:	106032

(1) The monitoring of such services by another state agency	106033
or agencies;	106034

(2) Adopting joint standards for the provision and monitoring	106035
of mental health services with the department of ~~mental health~~	106036
mental health and addiction services and other state agencies.	106037

(B) In order to implement its duties imposed by division (A)	106038
of this section, the department of rehabilitation and correction	106039
may enter into a contract for the provision of the mental health	106040
services described in that division.	106041

Sec. 5120.652. To participate in the prison nursery program,	106042
each eligible inmate selected by the department shall do all the	106043
following:	106044

(A) Agree in writing to do all the following:

106045

(1) Comply with any program, educational, counseling, and	106046
other requirements established for the program by the department	106047
of rehabilitation and correction;	106048

(2) If eligible, have the child participate in the medicaid	106049
program or a health insurance program;	106050

(3) Accept the normal risks of childrearing;

106051

(4) Abide by any court decisions regarding the allocation of	106052
parental rights and responsibilities with respect to the child.	106053

(B) Assign to the department any rights to support from any	106054
other person, excluding support assigned pursuant to section	106055
5107.20 of the Revised Code and medical support assigned pursuant	106056
to section ~~5101.59~~5160.38 of the Revised Code;	106057

(C) Specify with whom the child is to be placed in the event	106058
the inmate's participation in the program is terminated for a	106059
reason other than release from imprisonment.	106060

Sec. 5120.654. (A) The rights to support assigned by an	106061
inmate pursuant to section 5120.652 of the Revised Code constitute	106062
an obligation of the person who is responsible for providing the	106063
support to the department of rehabilitation and correction for the	106064
support provided the inmate and child pursuant to the prison	106065
nursery program. The division of child support in the department	106066
of job and family services shall collect support payments made	106067
pursuant to the assignment and forward them to the department of	106068
rehabilitation and correction.	106069

(B) The department of rehabilitation and correction may	106070
receive the following:	106071

(1) Money that is assigned or donated on behalf of, and	106072
~~public~~ assistance provided under Ohio works first to, a specific	106073
inmate or child participating in the prison nursery program;	106074

(2) Money assigned or donated to establish and maintain the	106075
prison nursery program.	106076

(C) The amounts described in division (B)(1) of this section	106077
shall be placed in the individual nursery account created and	106078
maintained under section 5120.655 of the Revised Code for the	106079
inmate and child for whom the money was received. The money	106080
described in division (B)(2) of this section shall be deposited in	106081
the appropriate prison nursery program fund.	106082

Sec. 5121.051. All outstanding liability of relatives for	106083
the support of any patient or resident in a benevolent institution	106084
under the control of the department of ~~mental health~~mental health	106085
and addiction services or the department of developmental	106086
disabilities accrued prior to January 1, 1956, including the	106087
liability of the patient personally, is hereby canceled, provided	106088
that this section does not abrogate any written agreements or	106089
security arrangement for the payment of support charges entered	106090
into between the state and any patient or liable relative prior to	106091
such date.	106092

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	106093
Revised Code:	106094

(A) ~~"Community mental health services client" or "client"~~	106095
~~means a person receiving state-operated community mental health~~	106096
~~services.~~	106097

~~(B)~~ "Countable assets" means all of the following:

106098

(1) Cash;

106099

(2) Bank deposits;

106100

(3) Securities;

106101

(4) Individual retirement accounts;

106102

(5) Qualified employer plans, including 401(k) and Keogh	106103
plans;	106104

(6) Annuities;

106105

(7) Funds in a trust created under section 5815.28 of the	106106
Revised Code;	106107

(8) Investment property and income;

106108

(9) The cash surrender values of life insurance policies;

106109

(10) Assets acquired by gift, bequest, devise, or	106110
inheritance;	106111

(11) Any other asset determined by the department of ~~mental~~	106112
~~health~~mental health and addiction services to be equivalent to	106113
the assets enumerated in this division.	106114

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	106115
level represented by the poverty guidelines as revised annually by	106116
the United States department of health and human services in	106117
accordance with section 673(2) of the "Omnibus Reconciliation Act	106118
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	106119
size equal to the size of the family of the person whose income is	106120
being determined.	106121

~~(D)~~(C) "Federal poverty guidelines" means the poverty	106122
guidelines as revised annually by the United States department of	106123
health and human services in accordance with section 673(2) of the	106124
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	106125
U.S.C. 9902, as amended, for a family size equal to the size of	106126
the family of the person whose income is being determined.	106127

~~(E)~~(D) "Hospital" means an institution, hospital, or other	106128
place established, controlled, or supervised by the department of	106129
~~mental health~~mental health and addiction services under Chapter	106130
5119. of the Revised Code.	106131

~~(F)~~(E) "Liable relative" means all of the following:

106132

(1) A patient's spouse;

106133

(2) A patient's mother or father, or both, if the patient is	106134
under eighteen years of age;	106135

(3) A patient's guardian.

106136

~~(G)~~(F) "Patient" means a person admitted to a hospital for	106137
inpatient care or treatment, including a person transferred to a	106138
hospital from a state correctional institution or a person under	106139
indictment or conviction who has been transferred to a hospital.	106140

Sec. 5121.32. On an annual basis, the department of ~~mental~~	106141
~~health~~mental health and addiction services shall determine both	106142
of the following using generally accepted governmental accounting	106143
principles:	106144

(A) The applicable per diem charge for each hospital operated	106145
by the department;	106146

(B) The ancillary per diem rate for each hospital operated by	106147
the department.	106148

In determining a hospital's applicable per diem charge and	106149
ancillary per diem rate, the department shall consider the average	106150
actual per diem cost of maintaining and treating a patient at the	106151
hospital or, at the department's discretion, the average actual	106152
per diem cost of maintaining and treating a patient in a unit of	106153
the hospital.	106154

Sec. 5121.33. Except as provided in sections 5121.35,	106155
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	106156
Code, the department of ~~mental health~~mental health and addiction	106157
services shall, for each billing cycle, charge a patient,	106158
patient's estate, or liable relative an amount equal to the sum of	106159
the following:	106160

(A) The applicable per diem charge multiplied by the number	106161
of days the patient was admitted to the hospital;	106162

(B) An amount that was previously billed but not paid.

106163

Sec. 5121.34. (A) A patient, patient's estate, and patient's	106164
liable relatives shall be jointly and severally liable for amounts	106165
charged by the department of ~~mental health~~mental health and	106166
addiction services in accordance with section 5121.33 or 5121.35	106167
of the Revised Code. In no case shall any of the foregoing persons	106168
be liable for more than one hundred per cent of the full sum	106169
charged under section 5121.33 of the Revised Code.	106170

(B) Collections of support payments shall be made by the	106171
department and, subject to meeting prior requirements for payment	106172
and crediting of such collections and other available receipts, in	106173
accordance with the bond proceedings applicable to obligations	106174
issued pursuant to section 154.20 of the Revised Code. The	106175
collections and other available receipts designated by the	106176
director of ~~mental health~~mental health and addiction services for	106177
deposit in the special accounts, together with insurance contract	106178
payments provided for in section 5121.43 of the Revised Code,	106179
shall be remitted to the treasurer of state for deposit in the	106180
state treasury to the credit of the mental health operating fund,	106181
which is hereby created, to be used for the general purposes of	106182
the department. The department shall make refunds of overpayment	106183
of support charges from the mental health operating fund.	106184

Sec. 5121.35. The department of ~~mental health~~mental health	106185
and addiction services shall charge a patient, patient's estate,	106186
or liable relative an amount discounted from the amount the	106187
department charges under section 5121.33 of the Revised Code if	106188
the department determines through the application process	106189
described in section 5121.36 of the Revised Code or through the	106190
financial assessment process described in section 5121.37 of the	106191
Revised Code that the patient, estate, or relative is eligible for	106192
a discount.	106193

Sec. 5121.36. (A) A patient, patient's estate, or liable	106194
relative may apply for a discount by completing an application	106195
form prescribed by the director of ~~mental health~~mental health and	106196
addiction services. The department of ~~mental health~~mental health	106197
and addiction services may require a patient, estate, or relative	106198
to furnish any of the following with an application form:	106199

(1) A copy of the patient's, estate's, or liable relative's	106200
federal income tax return for the year preceding the date of	106201
application or, if that is not yet available, the preceding year;	106202

(2) A copy of the patient's, estate's, or liable relative's	106203
employee tax withholding return (form W-2) for the year preceding	106204
the date of application;	106205

(3) Any other relevant documents prescribed by the director	106206
of ~~mental health~~mental health and addiction services.	106207

(B) To be considered, an application must be submitted to the	106208
department not later than ninety days after the date the patient	106209
is admitted to a hospital.	106210

(C) From the information provided by a patient, estate, or	106211
relative, the department shall determine whether the department	106212
will charge the person a discounted amount in accordance with	106213
sections 5121.40 and 5121.41 of the Revised Code. In making this	106214
determination, the department shall consider whether the patient	106215
is covered by an insurance policy or other contract that provides	106216
for payment of expenses and treatment for mental illness. If the	106217
department determines that the patient has coverage, the	106218
department shall require payment in accordance with section	106219
5121.43 of the Revised Code.	106220

(D) The department shall notify the patient, executor or	106221
administrator of the patient's estate, or liable relative who	106222
submitted the application form in writing regarding whether that	106223
person will be charged a discounted amount and the per diem rate	106224
to be charged.	106225

(E) In accordance with section 5121.42 of the Revised Code,	106226
the department may, at any time, modify an amount charged or	106227
change the per diem rate to be charged if the department learns of	106228
countable assets or income that was not previously disclosed or	106229
was acquired after the application form was submitted. Within a	106230
reasonable time, the department shall notify in writing any person	106231
affected by a modification or change.	106232

Sec. 5121.37. After a patient's admittance to a hospital, the	106233
department of ~~mental health~~mental health and addiction services	106234
shall conduct a financial assessment to determine whether the	106235
patient, patient's estate, or liable relative will be charged an	106236
amount discounted from the amount the department charges under	106237
section 5121.33 of the Revised Code. The department shall make the	106238
determination in accordance with sections 5121.40 and 5121.41 of	106239
the Revised Code.	106240

If a discounted rate is to be charged, the department shall	106241
notify the person whose financial condition was assessed. The	106242
notice shall specify the per diem rate to be charged.	106243

In accordance with section 5121.42 of the Revised Code, the	106244
department may, at any time, modify an amount charged or change	106245
the per diem rate to be charged if the department learns of	106246
countable assets or income that was not previously disclosed or	106247
was acquired after the assessment was conducted. Within a	106248
reasonable time, the department shall notify in writing any person	106249
affected by a modification or change.	106250

Sec. 5121.38. The department of ~~mental health~~mental health	106251
and addiction services may subpoena witnesses, take testimony	106252
under oath, and examine any public records relating to the income	106253
and other assets of a patient or of a relative liable for such	106254
patient's support. All information, conclusions, and	106255
recommendations shall be submitted to the department by the	106256
investigating agent of the department.	106257

Sec. 5121.40. (A) A patient, patient's estate, or liable	106258
relative may be eligible to be charged an amount discounted from	106259
the amount the department of ~~mental health~~mental health and	106260
addiction services charges under section 5121.33 of the Revised	106261
Code if the patient, estate, or relative has countable assets with	106262
a total value that is not greater than an amount equal to fifty	106263
per cent of the difference between the following:	106264

(1) The gross annual income that corresponds with a family	106265
size of two persons at one hundred per cent of the federal poverty	106266
level for the state;	106267

(2) The gross annual income that corresponds with a family	106268
size of one person at one hundred per cent of the federal poverty	106269
level for the state. For purposes of determining family size, the	106270
patient is one dependent. One additional dependent shall be	106271
included for each of the following circumstances and persons:	106272

(a) The patient or liable relative is legally blind or deaf.

106273

(b) The patient or liable relative is of sixty-five years of	106274
age or older.	106275

(c) Each child under eighteen years of age for which the	106276
patient or liable relative has legal custody;	106277

(d) The patient's or liable relative's spouse.

106278

(B) A patient, estate, or relative may, not later than ninety	106279
days after the patient's admission to a hospital, surrender the	106280
value of countable assets sufficient to reduce countable assets to	106281
not more than the limit described in division (A) of this section.	106282

Sec. 5121.42. (A) Except as provided in division (B) of this	106283
section, a patient, patient's estate, or liable relative shall	106284
cease to be eligible for a discount under ~~sections~~section 5121.36	106285
or 5121.37 of the Revised Code on accumulation of countable assets	106286
in excess of an amount equal to fifty per cent of the difference	106287
between the following:	106288

(1) The gross annual income that corresponds with a family	106289
size of two persons at one hundred per cent of the federal poverty	106290
level for the state;	106291

(2) The gross annual income that corresponds with a family	106292
size of one person at one hundred per cent of the federal poverty	106293
level for the state.	106294

(B) Money needed to meet the patient's needs and burial fund	106295
as determined by a needs assessment conducted by the department of	106296
~~mental health~~mental health and addiction services pursuant to	106297
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	106298
shall be excluded from any determination the department makes	106299
under division (A) of this section.	106300

Sec. 5121.43. If a patient is covered by an insurance policy	106301
or other contract that provides for payment of expenses for care	106302
and treatment for mental illness at or from a hospital under the	106303
jurisdiction of the department of ~~mental health~~mental health and	106304
addiction services, sections 5121.33 to 5121.55 of the Revised	106305
Code are inapplicable to the extent that the policy or contract is	106306
in force. Any insurance carrier or other third party payor	106307
providing coverage for such care and treatment shall pay for the	106308
patient's support obligation in amounts equal to the lesser of	106309
amounts charged by the department under section 5121.33 of the	106310
Revised Code or the benefits provided under the policy or other	106311
contract. Whether or not an insured, owner of, or other person	106312
having an interest in such policy or other contract is liable for	106313
support payments, the insured, policy owner, or other person shall	106314
assign payment directly to the department of all assignable	106315
benefits under the policy or other contract and shall pay to the	106316
department, within ten days of receipt, all insurance or other	106317
benefits received as reimbursement or payment for expenses	106318
incurred by the patient or for any other reason. If the insured,	106319
policy owner, or other person refuses to assign payment to the	106320
department or refuses to pay received reimbursements or payments	106321
to the department within ten days of receipt, the total liability	106322
of the insured, policy owner, or other person for the services is	106323
an amount equal to the per diem charge for the hospital where the	106324
patient was admitted multiplied by the number of days the patient	106325
was admitted.	106326

In no event shall this total liability exceed the	106327
department's actual cost of providing care and treatment to a	106328
patient. The department may disqualify patients and liable	106329
relatives who have retained third party funds from future	106330
discounts. The department may request that the attorney general	106331
petition a court of competent jurisdiction to compel the insured,	106332
owner of, or other person having an interest in the policy or	106333
contract to comply with the assignment requirements in this	106334
section.	106335

Sec. 5121.44. The department of ~~mental health~~mental health	106336
and addiction services may enter into an extended payment	106337
agreement with a patient, patient's estate, or liable relative who	106338
has notified the department that the patient, estate, or relative	106339
cannot reasonably pay an amount the department has charged. In no	106340
case shall the department take a security interest, mortgage, or	106341
lien against the principal family residence of a patient or liable	106342
relative.	106343

Sec. 5121.45. (A) For purposes of this section, "delinquent	106344
payment" means an amount owed by a patient, patient's estate, or	106345
liable relative to the department of ~~mental health~~mental health	106346
and addiction services for which the person has failed to do	106347
either of the following not later than ninety days after the	106348
service associated with the charge was incurred:	106349

(1) Make payment in full;

106350

(2) Make a payment in accordance with the terms of an	106351
agreement entered into under section 5121.44 of the Revised Code.	106352

(B) An action to enforce the collection of a delinquent	106353
payment shall be commenced not later than six years after the	106354
later of the following:	106355

(1) The last date the department received money to satisfy	106356
the delinquent payment;	106357

(2) The date the charge was due.

106358

(C) In all actions to enforce the collection of delinquent	106359
payments, a court of record shall receive into evidence the proof	106360
of claim document made by the state together with all debts and	106361
credits. The proof of claim document shall be prima-facie evidence	106362
of the facts stated in the document.	106363

Sec. 5121.46. The department of ~~mental health~~mental health	106364
and addiction services shall not charge a liable relative under	106365
sections 5121.33 and 5121.35 of the Revised Code who has done	106366
either of the following:	106367

(A) Paid all amounts charged by the department for the care	106368
and treatment of a particular patient for fifteen consecutive	106369
years;	106370

(B) Paid amounts charged by the department for the care and	106371
treatment of more than one patient for a total of fifteen	106372
consecutive years.	106373

Sec. 5121.47. Irrespective of the number of patients for	106374
which the department of ~~mental health~~mental health and addiction	106375
services may charge a liable relative under sections 5121.33 or	106376
and 5121.35 of the Revised Code, the department shall not charge a	106377
liable relative or group of liable relatives who are members of	106378
the same family unit for the support of more than one patient	106379
during the same period of time.	106380

Sec. 5121.49. (A) Any person who has been charged under	106381
section 5121.33 or 5121.35 of the Revised Code may petition the	106382
department of ~~mental health~~mental health and addiction services	106383
to do the following:	106384

(1) Release the person from a charge;

106385

(2) Modify or cancel a charge.

106386

(B) The department shall respond to a petition in writing and	106387
inform the petitioner of whether a release, modification, or	106388
cancellation has been approved.	106389

Sec. 5121.50. When a patient is committed to a hospital	106390
pursuant to judicial proceedings, the judge ordering the	106391
commitment shall:	106392

(A) Make a reliable report on the financial condition of the	106393
patient and of each liable relative, as provided in rules adopted	106394
by the director of ~~mental health~~mental health and addiction	106395
services;	106396

(B) Certify the report required under division (A) of this	106397
section to the managing officer of the hospital. The managing	106398
officer shall thereupon enter in the managing officer's records	106399
the name and address of any guardian appointed and of any relative	106400
liable for the patient's support.	106401

Sec. 5121.51. In case the estate of any patient in a	106402
hospital is sufficient for the patient's support and no guardian	106403
has been appointed for such estate, the agent of the department of	106404
~~mental health~~mental health and addiction services shall petition	106405
the probate court of the proper county to appoint a guardian.	106406

Sec. 5121.52. On the death of a person who is a patient, or	106407
has been a patient in a hospital, or on the death of a person	106408
responsible under section 5121.34 of the Revised Code for the	106409
support of a patient, the department of ~~mental health~~mental	106410
health and addiction services may waive the presentation of any	106411
claim for support against the estate of such decedent, when in its	106412
judgment an otherwise dependent person will be directly benefited	106413
by the estate. Claims against an estate for support of a patient	106414
are subject to section 5815.28 and Chapter 2117. of the Revised	106415
Code, and shall be treated, and may be barred, the same as the	106416
claims of other creditors of the estate, pursuant to that section	106417
or chapter.	106418

The department of ~~mental health~~mental health and addiction	106419
services may accept from a guardian or trustee of a patient a	106420
contract agreeing to pay to the state from the property of the	106421
guardian's or trustee's ward before or at the death of the ward a	106422
fixed annual amount for the support of the ward while the ward is	106423
a patient, with interest at four per cent per annum. A copy of the	106424
contract shall be filed in the probate court of the proper county	106425
and duly entered as a part of the records concerning the ward.	106426

Sec. 5121.55. The cost for support of a client of	106427
state-operated community mental health services is an amount	106428
determined using guidelines the department of ~~mental health~~mental	106429
health and addiction services shall issue. The guidelines shall be	106430
based on cost findings and rate-settings applicable to such	106431
services.	106432

Sec. 5122.01. As used in this chapter and Chapter 5119. of	106433
the Revised Code:	106434

(A) "Mental illness" means a substantial disorder of thought,	106435
mood, perception, orientation, or memory that grossly impairs	106436
judgment, behavior, capacity to recognize reality, or ability to	106437
meet the ordinary demands of life.	106438

(B) "Mentally ill person subject to hospitalization by court	106439
order" means a mentally ill person who, because of the person's	106440
illness:	106441

(1) Represents a substantial risk of physical harm to self as	106442
manifested by evidence of threats of, or attempts at, suicide or	106443
serious self-inflicted bodily harm;	106444

(2) Represents a substantial risk of physical harm to others	106445
as manifested by evidence of recent homicidal or other violent	106446
behavior, evidence of recent threats that place another in	106447
reasonable fear of violent behavior and serious physical harm, or	106448
other evidence of present dangerousness;	106449

(3) Represents a substantial and immediate risk of serious	106450
physical impairment or injury to self as manifested by evidence	106451
that the person is unable to provide for and is not providing for	106452
the person's basic physical needs because of the person's mental	106453
illness and that appropriate provision for those needs cannot be	106454
made immediately available in the community; or	106455

(4) Would benefit from treatment in a hospital for the	106456
person's mental illness and is in need of such treatment as	106457
manifested by evidence of behavior that creates a grave and	106458
imminent risk to substantial rights of others or the person.	106459

(C)(1) "Patient" means, subject to division (C)(2) of this	106460
section, a person who is admitted either voluntarily or	106461
involuntarily to a hospital or other place under section 2945.39,	106462
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	106463
finding of not guilty by reason of insanity or incompetence to	106464
stand trial or under this chapter, who is under observation or	106465
receiving treatment in such place.	106466

(2) "Patient" does not include a person admitted to a	106467
hospital or other place under section 2945.39, 2945.40, 2945.401,	106468
or 2945.402 of the Revised Code to the extent that the reference	106469
in this chapter to patient, or the context in which the reference	106470
occurs, is in conflict with any provision of sections 2945.37 to	106471
2945.402 of the Revised Code.	106472

(D) "Licensed physician" means a person licensed under the	106473
laws of this state to practice medicine or a medical officer of	106474
the government of the United States while in this state in the	106475
performance of the person's official duties.	106476

(E) "Psychiatrist" means a licensed physician who has	106477
satisfactorily completed a residency training program in	106478
psychiatry, as approved by the residency review committee of the	106479
American medical association, the committee on post-graduate	106480
education of the American osteopathic association, or the American	106481
osteopathic board of neurology and psychiatry, or who on July 1,	106482
1989, has been recognized as a psychiatrist by the Ohio state	106483
medical association or the Ohio osteopathic association on the	106484
basis of formal training and five or more years of medical	106485
practice limited to psychiatry.	106486

(F) "Hospital" means a hospital or inpatient unit licensed by	106487
the department of ~~mental health~~mental health and addiction	106488
services under section ~~5119.20~~5119.33 of the Revised Code, and	106489
any institution, hospital, or other place established, controlled,	106490
or supervised by the department under Chapter 5119. of the Revised	106491
Code.	106492

(G) "Public hospital" means a facility that is tax-supported	106493
and under the jurisdiction of the department of ~~mental health~~	106494
mental health and addiction services.	106495

(H) "Community mental health ~~agency~~services provider" means	106496
an agency, association, corporation, individual, or program that	106497
provides community mental health services that are certified by	106498
the director of ~~mental health~~mental health and addiction services	106499
under section ~~5119.611~~5119.36 of the Revised Code.	106500

(I) "Licensed clinical psychologist" means a person who holds	106501
a current valid psychologist license issued under section 4732.12	106502
or 4732.15 of the Revised Code, and in addition, meets either of	106503
the following criteria:	106504

(1) Meets the educational requirements set forth in division	106505
(B) of section 4732.10 of the Revised Code and has a minimum of	106506
two years' full-time professional experience, or the equivalent as	106507
determined by rule of the state board of psychology, at least one	106508
year of which shall be a predoctoral internship, in clinical	106509
psychological work in a public or private hospital or clinic or in	106510
private practice, diagnosing and treating problems of mental	106511
illness or mental retardation under the supervision of a	106512
psychologist who is licensed or who holds a diploma issued by the	106513
American board of professional psychology, or whose qualifications	106514
are substantially similar to those required for licensure by the	106515
state board of psychology when the supervision has occurred prior	106516
to enactment of laws governing the practice of psychology;	106517

(2) Meets the educational requirements set forth in division	106518
(B) of section 4732.15 of the Revised Code and has a minimum of	106519
four years' full-time professional experience, or the equivalent	106520
as determined by rule of the state board of psychology, in	106521
clinical psychological work in a public or private hospital or	106522
clinic or in private practice, diagnosing and treating problems of	106523
mental illness or mental retardation under supervision, as set	106524
forth in division (I)(1) of this section.	106525

(J) "Health officer" means any public health physician;	106526
public health nurse; or other person authorized by or designated	106527
by a city health district; a general health district; or a board	106528
of alcohol, drug addiction, and mental health services to perform	106529
the duties of a health officer under this chapter.	106530

(K) "Chief clinical officer" means the medical director of a	106531
hospital, or a community mental health ~~agency~~services provider,	106532
or a board of alcohol, drug addiction, and mental health services,	106533
or, if there is no medical director, the licensed physician	106534
responsible for the treatment a hospital or community mental	106535
health ~~agency~~services provider provides. The chief clinical	106536
officer may delegate to the attending physician responsible for a	106537
patient's care the duties imposed on the chief clinical officer by	106538
this chapter. Within a community mental health ~~agency~~services	106539
provider, the chief clinical officer shall be designated by the	106540
governing body of the ~~agency~~services provider and shall be a	106541
licensed physician or licensed clinical psychologist who	106542
supervises diagnostic and treatment services. A licensed physician	106543
or licensed clinical psychologist designated by the chief clinical	106544
officer may perform the duties and accept the responsibilities of	106545
the chief clinical officer in the chief clinical officer's	106546
absence.	106547

(L) "Working day" or "court day" means Monday, Tuesday,	106548
Wednesday, Thursday, and Friday, except when such day is a	106549
holiday.	106550

(M) "Indigent" means unable without deprivation of	106551
satisfaction of basic needs to provide for the payment of an	106552
attorney and other necessary expenses of legal representation,	106553
including expert testimony.	106554

(N) "Respondent" means the person whose detention,	106555
commitment, hospitalization, continued hospitalization or	106556
commitment, or discharge is being sought in any proceeding under	106557
this chapter.	106558

(O) "Ohio protection and advocacy system" has the same	106559
meaning as in section 5123.60 of the Revised Code.	106560

(P) "Independent expert evaluation" means an evaluation	106561
conducted by a licensed clinical psychologist, psychiatrist, or	106562
licensed physician who has been selected by the respondent or the	106563
respondent's counsel and who consents to conducting the	106564
evaluation.	106565

(Q) "Court" means the probate division of the court of common	106566
pleas.	106567

(R) "Expunge" means:

106568

(1) The removal and destruction of court files and records,	106569
originals and copies, and the deletion of all index references;	106570

(2) The reporting to the person of the nature and extent of	106571
any information about the person transmitted to any other person	106572
by the court;	106573

(3) Otherwise insuring that any examination of court files	106574
and records in question shall show no record whatever with respect	106575
to the person;	106576

(4) That all rights and privileges are restored, and that the	106577
person, the court, and any other person may properly reply that no	106578
such record exists, as to any matter expunged.	106579

(S) "Residence" means a person's physical presence in a	106580
county with intent to remain there, except that:	106581

(1) If a person is receiving a mental health service at a	106582
facility that includes nighttime sleeping accommodations,	106583
residence means that county in which the person maintained the	106584
person's primary place of residence at the time the person entered	106585
the facility;	106586

(2) If a person is committed pursuant to section 2945.38,	106587
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	106588
residence means the county where the criminal charges were filed.	106589

When the residence of a person is disputed, the matter of	106590
residence shall be referred to the department of ~~mental health~~	106591
mental health and addiction services for investigation and	106592
determination. Residence shall not be a basis for a board's	106593
denying services to any person present in the board's service	106594
district, and the board shall provide services for a person whose	106595
residence is in dispute while residence is being determined and	106596
for a person in an emergency situation.	106597

(T) "Admission" to a hospital or other place means that a	106598
patient is accepted for and stays at least one night at the	106599
hospital or other place.	106600

(U) "Prosecutor" means the prosecuting attorney, village	106601
solicitor, city director of law, or similar chief legal officer	106602
who prosecuted a criminal case in which a person was found not	106603
guilty by reason of insanity, who would have had the authority to	106604
prosecute a criminal case against a person if the person had not	106605
been found incompetent to stand trial, or who prosecuted a case in	106606
which a person was found guilty.	106607

(V) "Treatment plan" means a written statement of reasonable	106608
objectives and goals for an individual established by the	106609
treatment team, with specific criteria to evaluate progress	106610
towards achieving those objectives. The active participation of	106611
the patient in establishing the objectives and goals shall be	106612
documented. The treatment plan shall be based on patient needs and	106613
include services to be provided to the patient while the patient	106614
is hospitalized and after the patient is discharged. The treatment	106615
plan shall address services to be provided upon discharge,	106616
including but not limited to housing, financial, and vocational	106617
services.	106618

(W) "Community control sanction" has the same meaning as in	106619
section 2929.01 of the Revised Code.	106620

(X) "Post-release control sanction" has the same meaning as	106621
in section 2967.01 of the Revised Code.	106622

Sec. 5122.03. A patient admitted under section 5122.02 of	106623
the Revised Code who requests release in writing, or whose release	106624
is requested in writing by the patient's counsel, legal guardian,	106625
parent, spouse, or adult next of kin shall be released forthwith,	106626
except that when:	106627

(A) The patient was admitted on the patient's own application	106628
and the request for release is made by a person other than the	106629
patient, release may be conditional upon the agreement of the	106630
patient; or	106631

(B) The chief clinical officer of the hospital, within three	106632
court days from the receipt of the request for release, files or	106633
causes to be filed with the court of the county where the patient	106634
is hospitalized or of the county where the patient is a resident,	106635
an affidavit under section 5122.11 of the Revised Code. Release	106636
may be postponed until the hearing held under section 5122.141 of	106637
the Revised Code. A telephone communication within three court	106638
days from the receipt of the request for release from the chief	106639
clinical officer to the court, indicating that the required	106640
affidavit has been mailed, is sufficient compliance with the time	106641
limit for filing such affidavit.	106642

Unless the patient is released within three days from the	106643
receipt of the request by the chief clinical officer, the request	106644
shall serve as a request for an initial hearing under section	106645
5122.141 of the Revised Code. If the court finds that the patient	106646
is a mentally ill person subject to hospitalization by court	106647
order, all provisions of this chapter with respect to involuntary	106648
hospitalization apply to such person.	106649

Judicial proceedings for hospitalization shall not be	106650
commenced with respect to a voluntary patient except pursuant to	106651
this section.	106652

Sections 5121.30 to 5121.56 of the Revised Code apply to	106653
persons received in a hospital operated by the department of	106654
~~mental health~~mental health and addiction services on a voluntary	106655
application.	106656

The chief clinical officer of the hospital shall provide	106657
reasonable means and arrangements for informing patients of their	106658
rights to release as provided in this section and for assisting	106659
them in making and presenting requests for release or for a	106660
hearing under section 5122.141 of the Revised Code.	106661

Before a patient is released from a public hospital, the	106662
chief clinical officer shall, when possible, notify the board of	106663
the patient's county of residence of the patient's pending release	106664
after the chief clinical officer has informed the patient that the	106665
board will be so notified.	106666

Sec. 5122.10. Any psychiatrist, licensed clinical	106667
psychologist, licensed physician, health officer, parole officer,	106668
police officer, or sheriff may take a person into custody, or the	106669
chief of the adult parole authority or a parole or probation	106670
officer with the approval of the chief of the authority may take a	106671
parolee, an offender under a community control sanction or a	106672
post-release control sanction, or an offender under transitional	106673
control into custody and may immediately transport the parolee,	106674
offender on community control or post-release control, or offender	106675
under transitional control to a hospital or, notwithstanding	106676
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	106677
not licensed by the department of ~~mental health~~mental health and	106678
addiction services where the parolee, offender on community	106679
control or post-release control, or offender under transitional	106680
control may be held for the period prescribed in this section, if	106681
the psychiatrist, licensed clinical psychologist, licensed	106682
physician, health officer, parole officer, police officer, or	106683
sheriff has reason to believe that the person is a mentally ill	106684
person subject to hospitalization by court order under division	106685
(B) of section 5122.01 of the Revised Code, and represents a	106686
substantial risk of physical harm to self or others if allowed to	106687
remain at liberty pending examination.	106688

A written statement shall be given to such hospital by the	106689
transporting psychiatrist, licensed clinical psychologist,	106690
licensed physician, health officer, parole officer, police	106691
officer, chief of the adult parole authority, parole or probation	106692
officer, or sheriff stating the circumstances under which such	106693
person was taken into custody and the reasons for the	106694
psychiatrist's, licensed clinical psychologist's, licensed	106695
physician's, health officer's, parole officer's, police officer's,	106696
chief of the adult parole authority's, parole or probation	106697
officer's, or sheriff's belief. This statement shall be made	106698
available to the respondent or the respondent's attorney upon	106699
request of either.	106700

Every reasonable and appropriate effort shall be made to take	106701
persons into custody in the least conspicuous manner possible. A	106702
person taking the respondent into custody pursuant to this section	106703
shall explain to the respondent: the name,and professional	106704
designation, and ~~agency~~ affiliation of the person taking the	106705
respondent into custody; that the custody-taking is not a criminal	106706
arrest; and that the person is being taken for examination by	106707
mental health professionals at a specified mental health facility	106708
identified by name.	106709

If a person taken into custody under this section is	106710
transported to a general hospital, the general hospital may admit	106711
the person, or provide care and treatment for the person, or both,	106712
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	106713
by the end of twenty-four hours after arrival at the general	106714
hospital, the person shall be transferred to a hospital as defined	106715
in section 5122.01 of the Revised Code.	106716

A person transported or transferred to a hospital or	106717
community mental health ~~agency~~services provider under this	106718
section shall be examined by the staff of the hospital or ~~agency~~	106719
services provider within twenty-four hours after arrival at the	106720
hospital or ~~agency~~services provider. If to conduct the	106721
examination requires that the person remain overnight, the	106722
hospital or ~~agency~~services provider shall admit the person in an	106723
unclassified status until making a disposition under this section.	106724
After the examination, if the chief clinical officer of the	106725
hospital or ~~agency~~services provider believes that the person is	106726
not a mentally ill person subject to hospitalization by court	106727
order, the chief clinical officer shall release or discharge the	106728
person immediately unless a court has issued a temporary order of	106729
detention applicable to the person under section 5122.11 of the	106730
Revised Code. After the examination, if the chief clinical officer	106731
believes that the person is a mentally ill person subject to	106732
hospitalization by court order, the chief clinical officer may	106733
detain the person for not more than three court days following the	106734
day of the examination and during such period admit the person as	106735
a voluntary patient under section 5122.02 of the Revised Code or	106736
file an affidavit under section 5122.11 of the Revised Code. If	106737
neither action is taken and a court has not otherwise issued a	106738
temporary order of detention applicable to the person under	106739
section 5122.11 of the Revised Code, the chief clinical officer	106740
shall discharge the person at the end of the three-day period	106741
unless the person has been sentenced to the department of	106742
rehabilitation and correction and has not been released from the	106743
person's sentence, in which case the person shall be returned to	106744
that department.	106745

Sec. 5122.11. Proceedings for the hospitalization of a	106746
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	106747
shall be commenced by the filing of an affidavit in the manner and	106748
form prescribed by the department of ~~mental health~~mental health	106749
and addiction services, by any person or persons with the court,	106750
either on reliable information or actual knowledge, whichever is	106751
determined to be proper by the court. This section does not apply	106752
to the hospitalization of a person pursuant to section 2945.39,	106753
2945.40, 2945.401, or 2945.402 of the Revised Code.	106754

The affidavit shall contain an allegation setting forth the	106755
specific category or categories under division (B) of section	106756
5122.01 of the Revised Code upon which the jurisdiction of the	106757
court is based and a statement of alleged facts sufficient to	106758
indicate probable cause to believe that the person is a mentally	106759
ill person subject to hospitalization by court order. The	106760
affidavit may be accompanied, or the court may require that the	106761
affidavit be accompanied, by a certificate of a psychiatrist, or a	106762
certificate signed by a licensed clinical psychologist and a	106763
certificate signed by a licensed physician stating that the person	106764
who issued the certificate has examined the person and is of the	106765
opinion that the person is a mentally ill person subject to	106766
hospitalization by court order, or shall be accompanied by a	106767
written statement by the applicant, under oath, that the person	106768
has refused to submit to an examination by a psychiatrist, or by a	106769
licensed clinical psychologist and licensed physician.	106770

Upon receipt of the affidavit, if a judge of the court or a	106771
referee who is an attorney at law appointed by the court has	106772
probable cause to believe that the person named in the affidavit	106773
is a mentally ill person subject to hospitalization by court	106774
order, the judge or referee may issue a temporary order of	106775
detention ordering any health or police officer or sheriff to take	106776
into custody and transport the person to a hospital or other place	106777
designated in section 5122.17 of the Revised Code, or may set the	106778
matter for further hearing.	106779

The person may be observed and treated until the hearing	106780
provided for in section 5122.141 of the Revised Code. If no such	106781
hearing is held, the person may be observed and treated until the	106782
hearing provided for in section 5122.15 of the Revised Code.	106783

Sec. 5122.12. After receipt of the affidavit required by	106784
section 5122.11 of the Revised Code, the court shall cause written	106785
notice by mail or otherwise of any hearing as the court directs to	106786
be given to the following persons:	106787

(A) The respondent;

106788

(B) The respondent's legal guardian, if any, the respondent's	106789
spouse, if any, and the respondent's parents, if the respondent is	106790
a minor, if these persons' addresses are known to the court or can	106791
be obtained through exercise of reasonable diligence;	106792

106793

(D) Any one person designated by the respondent; but if the	106794
respondent does not make a selection, the notice shall be sent to	106795
the adult next of kin other than the person who filed the	106796
affidavit if that person's address is known to the court or can be	106797
obtained through exercise of reasonable diligence;	106798

(E) The respondent's counsel;

106799

(F) The director, chief clinical officer, or the respective	106800
designee of the hospital, board, ~~agency~~community mental health	106801
services provider, or facility to which the person has been	106802
committed;	106803

(G) The board of alcohol, drug addiction, and mental health	106804
services serving the respondent's county of residence or ~~an agency~~	106805
a services provider the board designates.	106806

Any person entitled to notice under this section, with the	106807
exception of the respondent, may waive the notice.	106808

A copy of the affidavit and temporary order of detention	106809
shall be served with the notice to the parties and to respondent's	106810
counsel, if counsel has been appointed or retained.	106811

Sec. 5122.13. Upon receipt of the affidavit required by	106812
section 5122.11 of the Revised Code, the court shall refer the	106813
affidavit to the board of alcohol, drug addiction, and mental	106814
health services or ~~an agency~~community mental health services	106815
provider the board designates to assist the court in determining	106816
whether the respondent is subject to hospitalization and whether	106817
alternative services are available, unless the ~~agency~~services	106818
provider or board has already performed such screening. The board	106819
or ~~agency~~services provider shall review the allegations of the	106820
affidavit and other information relating to whether or not the	106821
person named in the affidavit or statement is a mentally ill	106822
person subject to hospitalization by court order, and the	106823
availability of appropriate treatment alternatives.	106824

The person who conducts the investigation shall promptly make	106825
a report to the court, in writing, in open court or in chambers,	106826
as directed by the court and a full record of the report shall be	106827
made by the court. The report is not admissible as evidence for	106828
the purpose of establishing whether or not the respondent is a	106829
mentally ill person subject to hospitalization by court order, but	106830
shall be considered by the court in its determination of an	106831
appropriate placement for any person after that person is found to	106832
be a mentally ill person subject to hospitalization.	106833

The court, prior to the hearing under section 5122.141 of the	106834
Revised Code, shall release a copy of the investigative report to	106835
the respondent's counsel.	106836

Nothing in this section precludes a judge or referee from	106837
issuing a temporary order of detention pursuant to section 5122.11	106838
of the Revised Code.	106839

Sec. 5122.15. (A) Full hearings shall be conducted in a	106840
manner consistent with this chapter and with due process of law.	106841
The hearings shall be conducted by a judge of the probate court or	106842
a referee designated by a judge of the probate court and may be	106843
conducted in or out of the county in which the respondent is held.	106844
Any referee designated under this division shall be an attorney.	106845

(1) With the consent of the respondent, the following shall	106846
be made available to counsel for the respondent:	106847

(a) All relevant documents, information, and evidence in the	106848
custody or control of the state or prosecutor;	106849

(b) All relevant documents, information, and evidence in the	106850
custody or control of the hospital in which the respondent	106851
currently is held, or in which the respondent has been held	106852
pursuant to this chapter;	106853

(c) All relevant documents, information, and evidence in the	106854
custody or control of any hospital, facility, or person not	106855
included in division (A)(1)(a) or (b) of this section.	106856

(2) The respondent has the right to attend the hearing and to	106857
be represented by counsel of the respondent's choice. The right to	106858
attend the hearing may be waived only by the respondent or counsel	106859
for the respondent after consultation with the respondent.	106860

(3) If the respondent is not represented by counsel, is	106861
absent from the hearing, and has not validly waived the right to	106862
counsel, the court shall appoint counsel immediately to represent	106863
the respondent at the hearing, reserving the right to tax costs of	106864
appointed counsel to the respondent, unless it is shown that the	106865
respondent is indigent. If the court appoints counsel, or if the	106866
court determines that the evidence relevant to the respondent's	106867
absence does not justify the absence, the court shall continue the	106868
case.	106869

(4) The respondent shall be informed that the respondent may	106870
retain counsel and have independent expert evaluation. If the	106871
respondent is unable to obtain an attorney, the respondent shall	106872
be represented by court-appointed counsel. If the respondent is	106873
indigent, court-appointed counsel and independent expert	106874
evaluation shall be provided as an expense under section 5122.43	106875
of the Revised Code.	106876

(5) The hearing shall be closed to the public, unless counsel	106877
for the respondent, with the permission of the respondent,	106878
requests that the hearing be open to the public.	106879

(6) If the hearing is closed to the public, the court, for	106880
good cause shown, may admit persons who have a legitimate interest	106881
in the proceedings. If the respondent, the respondent's counsel,	106882
or the designee of the director or of the chief clinical officer	106883
objects to the admission of any person, the court shall hear the	106884
objection and any opposing argument and shall rule upon the	106885
admission of the person to the hearing.	106886

(7) The affiant under section 5122.11 of the Revised Code	106887
shall be subject to subpoena by either party.	106888

(8) The court shall examine the sufficiency of all documents	106889
filed and shall inform the respondent, if present, and the	106890
respondent's counsel of the nature and content of the documents	106891
and the reason for which the respondent is being detained, or for	106892
which the respondent's placement is being sought.	106893

(9) The court shall receive only reliable, competent, and	106894
material evidence.	106895

(10) Unless proceedings are initiated pursuant to section	106896
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	106897
~~initiated regarding a resident of the service district of a board~~	106898
~~of alcohol, drug addiction, and mental health services that elects~~	106899
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	106900
~~to accept the amount allocated to it under that section~~, an	106901
attorney that the board designates shall present the case	106902
demonstrating that the respondent is a mentally ill person subject	106903
to hospitalization by court order. The attorney shall offer	106904
evidence of the diagnosis, prognosis, record of treatment, if any,	106905
and less restrictive treatment plans, if any. In proceedings	106906
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	106907
~~proceedings in which the respondent is a resident of a service~~	106908
~~district of a board that elects under division (C)(2) of section~~	106909
~~5119.62 of the Revised Code not to accept the amount allocated to~~	106910
~~it under that section~~, the attorney general shall designate an	106911
attorney who shall present the case demonstrating that the	106912
respondent is a mentally ill person subject to hospitalization by	106913
court order. The attorney shall offer evidence of the diagnosis,	106914
prognosis, record of treatment, if any, and less restrictive	106915
treatment plans, if any.	106916

(11) The respondent or the respondent's counsel has the right	106917
to subpoena witnesses and documents and to examine and	106918
cross-examine witnesses.	106919

(12) The respondent has the right, but shall not be	106920
compelled, to testify, and shall be so advised by the court.	106921

(13) On motion of the respondent or the respondent's counsel	106922
for good cause shown, or on the court's own motion, the court may	106923
order a continuance of the hearing.	106924

(14) If the respondent is represented by counsel and the	106925
respondent's counsel requests a transcript and record, or if the	106926
respondent is not represented by counsel, the court shall make and	106927
maintain a full transcript and record of the proceeding. If the	106928
respondent is indigent and the transcript and record is made, a	106929
copy shall be provided to the respondent upon request and be	106930
treated as an expense under section 5122.43 of the Revised Code.	106931

(15) To the extent not inconsistent with this chapter, the	106932
Rules of Civil Procedure are applicable.	106933

(B) Unless, upon completion of the hearing the court finds by	106934
clear and convincing evidence that the respondent is a mentally	106935
ill person subject to hospitalization by court order, it shall	106936
order the respondent's discharge immediately.	106937

(C) If, upon completion of the hearing, the court finds by	106938
clear and convincing evidence that the respondent is a mentally	106939
ill person subject to hospitalization by court order, the court	106940
shall order the respondent for a period not to exceed ninety days	106941
to any of the following:	106942

(1) A hospital operated by the department of ~~mental health~~	106943
mental health and addiction services if the respondent is	106944
committed pursuant to section 5139.08 of the Revised Code;	106945

(2) A nonpublic hospital;

106946

(3) The veterans' administration or other agency of the	106947
United States government;	106948

(4) A board of alcohol, drug addiction, and mental health	106949
services or ~~agency~~services provider the board designates;	106950

(5) Receive private psychiatric or psychological care and	106951
treatment;	106952

(6) Any other suitable facility or person consistent with the	106953
diagnosis, prognosis, and treatment needs of the respondent.	106954

(D) Any order made pursuant to division (C)(2), (3), (5), or	106955
(6) of this section shall be conditioned upon the receipt by the	106956
court of consent by the hospital, facility, agency, or person to	106957
accept the respondent.	106958

(E) In determining the place to which, or the person with	106959
whom, the respondent is to be committed, the court shall consider	106960
the diagnosis, prognosis, preferences of the respondent and the	106961
projected treatment plan for the respondent and shall order the	106962
implementation of the least restrictive alternative available and	106963
consistent with treatment goals. If the court determines that the	106964
least restrictive alternative available that is consistent with	106965
treatment goals is inpatient hospitalization, the court's order	106966
shall so state.	106967

(F) During such ninety-day period the hospital; facility;	106968
board of alcohol, drug addiction, and mental health services;	106969
~~agency~~services provider the board designates; or person shall	106970
examine and treat the individual. If, at any time prior to the	106971
expiration of the ninety-day period, it is determined by the	106972
hospital, facility, board, ~~agency~~services provider, or person	106973
that the respondent's treatment needs could be equally well met in	106974
an available and appropriate less restrictive environment, both of	106975
the following apply:	106976

(1) The respondent shall be released from the care of the	106977
hospital, ~~agency~~services provider, facility, or person	106978
immediately and shall be referred to the court together with a	106979
report of the findings and recommendations of the hospital, ~~agency~~	106980
services provider, facility, or person; and	106981

(2) The hospital, ~~agency~~services provider, facility, or	106982
person shall notify the respondent's counsel or the attorney	106983
designated by a board of alcohol, drug addiction, and mental	106984
health services or, if the respondent was committed to a board or	106985
~~an agency~~a services provider designated by the board, it shall	106986
place the respondent in the least restrictive environment	106987
available consistent with treatment goals and notify the court and	106988
the respondent's counsel of the placement.	106989

The court shall dismiss the case or order placement in the	106990
least restrictive environment.	106991

(G)(1) Except as provided in divisions (G)(2) and (3) of this	106992
section, any person who has been committed under this section, or	106993
for whom proceedings for hospitalization have been commenced	106994
pursuant to section 5122.11 of the Revised Code, may apply at any	106995
time for voluntary admission to the hospital, facility, ~~agency~~or	106996
services provider that the board designates, or person to which	106997
the person was committed. Upon admission as a voluntary patient	106998
the chief clinical officer of the hospital, ~~agency~~services	106999
provider, or other facility, or the person immediately shall	107000
notify the court, the patient's counsel, and the attorney	107001
designated by the board, if the attorney has entered the	107002
proceedings, in writing of that fact, and, upon receipt of the	107003
notice, the court shall dismiss the case.	107004

(2) A person who is found incompetent to stand trial or not	107005
guilty by reason of insanity and who is committed pursuant to	107006
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	107007
Code shall not voluntarily commit the person pursuant to this	107008
section until after the final termination of the commitment, as	107009
described in division (J) of section 2945.401 of the Revised Code.	107010

(H) If, at the end of the first ninety-day period or any	107011
subsequent period of continued commitment, there has been no	107012
disposition of the case, either by discharge or voluntary	107013
admission, the hospital, facility, board, ~~agency~~services	107014
provider, or person shall discharge the patient immediately,	107015
unless at least ten days before the expiration of the period the	107016
attorney the board designates or the prosecutor files with the	107017
court an application for continued commitment. The application of	107018
the attorney or the prosecutor shall include a written report	107019
containing the diagnosis, prognosis, past treatment, a list of	107020
alternative treatment settings and plans, and identification of	107021
the treatment setting that is the least restrictive consistent	107022
with treatment needs. The attorney the board designates or the	107023
prosecutor shall file the written report at least three days prior	107024
to the full hearing. A copy of the application and written report	107025
shall be provided to the respondent's counsel immediately.	107026

The court shall hold a full hearing on applications for	107027
continued commitment at the expiration of the first ninety-day	107028
period and at least every two years after the expiration of the	107029
first ninety-day period.	107030

Hearings following any application for continued commitment	107031
are mandatory and may not be waived.	107032

Upon request of a person who is involuntarily committed under	107033
this section, or the person's counsel, that is made more than one	107034
hundred eighty days after the person's last full hearing,	107035
mandatory or requested, the court shall hold a full hearing on the	107036
person's continued commitment. Upon the application of a person	107037
involuntarily committed under this section, supported by an	107038
affidavit of a psychiatrist or licensed clinical psychologist,	107039
alleging that the person no longer is a mentally ill person	107040
subject to hospitalization by court order, the court for good	107041
cause shown may hold a full hearing on the person's continued	107042
commitment prior to the expiration of one hundred eighty days	107043
after the person's last full hearing. Section 5122.12 of the	107044
Revised Code applies to all hearings on continued commitment.	107045

If the court, after a hearing for continued commitment finds	107046
by clear and convincing evidence that the respondent is a mentally	107047
ill person subject to hospitalization by court order, the court	107048
may order continued commitment at places specified in division (C)	107049
of this section.	107050

(I) Unless the admission is pursuant to section 5120.17 or	107051
5139.08 of the Revised Code, the chief clinical officer of the	107052
hospital or ~~agency~~services provider admitting a respondent	107053
pursuant to a judicial proceeding, within ten working days of the	107054
admission, shall make a report of the admission to the board of	107055
alcohol, drug addiction, and mental health services serving the	107056
respondent's county of residence.	107057

(J) A referee appointed by the court may make all orders that	107058
a judge may make under this section and sections 5122.11 and	107059
5122.141 of the Revised Code, except an order of contempt of	107060
court. The orders of a referee take effect immediately. Within	107061
fourteen days of the making of an order by a referee, a party may	107062
file written objections to the order with the court. The filed	107063
objections shall be considered a motion, shall be specific, and	107064
shall state their grounds with particularity. Within ten days of	107065
the filing of the objections, a judge of the court shall hold a	107066
hearing on the objections and may hear and consider any testimony	107067
or other evidence relating to the respondent's mental condition.	107068
At the conclusion of the hearing, the judge may ratify, rescind,	107069
or modify the referee's order.	107070

(K) An order of the court under division (C), (H), or (J) of	107071
this section is a final order.	107072

(L) Before a board, or ~~an agency~~a services provider the	107073
board designates, may place an unconsenting respondent in an	107074
inpatient setting from a less restrictive placement, the board or	107075
~~agency~~services provider shall do all of the following:	107076

(1) Determine that the respondent is in immediate need of	107077
treatment in an inpatient setting because the respondent	107078
represents a substantial risk of physical harm to the respondent	107079
or others if allowed to remain in a less restrictive setting;	107080

(2) On the day of placement in the inpatient setting or on	107081
the next court day, file with the court a motion for transfer to	107082
an inpatient setting or communicate to the court by telephone that	107083
the required motion has been mailed;	107084

(3) Ensure that every reasonable and appropriate effort is	107085
made to take the respondent to the inpatient setting in the least	107086
conspicuous manner possible;	107087

(4) Immediately notify the board's designated attorney and	107088
the respondent's attorney.	107089

At the respondent's request, the court shall hold a hearing	107090
on the motion and make a determination pursuant to division (E) of	107091
this section within five days of the placement.	107092

(M) Before a board, or ~~an agency~~a services provider the	107093
board designates, may move a respondent from one residential	107094
placement to another, the board or ~~agency~~services provider shall	107095
consult with the respondent about the placement. If the respondent	107096
objects to the placement, the proposed placement and the need for	107097
it shall be reviewed by a qualified mental health professional who	107098
otherwise is not involved in the treatment of the respondent.	107099

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	107100
taken into custody or ordered to be hospitalized pursuant to this	107101
chapter may be detained for not more than forty-eight hours in a	107102
licensed rest or nursing home, a licensed or unlicensed hospital,	107103
a community mental health ~~agency~~services provider, or a county	107104
home, but hethe person shall not be detained in a nonmedical	107105
facility used for detention of persons charged with or convicted	107106
of penal offenses unless the court finds that a less restrictive	107107
alternative cannot be made available.	107108

Sec. 5122.18. Whenever a person has been involuntarily	107109
detained at or admitted to a hospital, community mental health	107110
~~agency~~services provider, or other facility at the request of	107111
anyone other than the person's legal guardian, spouse, or next of	107112
kin under this chapter, the chief clinical officer of the	107113
hospital, ~~agency~~services provider, or other facility in which the	107114
person is temporarily detained under section 5122.17 of the	107115
Revised Code shall immediately notify the person's legal guardian,	107116
spouse or next of kin, and counsel, if these persons can be	107117
ascertained through exercise of reasonable diligence. If a person	107118
voluntarily remains at or is admitted to a hospital, ~~agency~~	107119
services provider, or other facility, such notification shall not	107120
be given without ~~his~~the person's consent. The chief clinical	107121
officer of the hospital, ~~agency~~services provider, or other	107122
facility shall inform a person voluntarily remaining at or	107123
admitted to a hospital, ~~agency~~services provider, or other	107124
facility that hethe person may authorize such notification.	107125

Sec. 5122.19. Every person transported to a hospital or	107126
community mental health ~~agency~~services provider pursuant to	107127
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	107128
by the staff of the hospital or ~~agency~~services provider as soon	107129
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	107130
services provider. Such an examination shall be held within	107131
twenty-four hours after the time of arrival, and if the chief	107132
clinical officer fails after such an examination to certify that	107133
in ~~his~~the chief clinical officer's opinion the person is a	107134
mentally ill person subject to hospitalization by court order, the	107135
person shall be immediately released.	107136

Sec. 5122.20. The director of ~~mental health~~mental health	107137
and addiction services or the director's designee may transfer, or	107138
authorize the transfer of, an involuntary patient, or a consenting	107139
voluntary patient hospitalized pursuant to section 5122.02 or	107140
sections 5122.11 to 5122.15 of the Revised Code, from one public	107141
hospital to another, or to a hospital, community mental health	107142
~~agency~~services provider, or other facility offering treatment or	107143
other services for mental illness, if the medical director of the	107144
department of ~~mental health~~mental health and addiction services	107145
determines that it would be consistent with the medical needs of	107146
the patient to do so. If such a transfer is made to a private	107147
facility, the transfer shall be conditioned upon the consent of	107148
the facility.	107149

Before an involuntary patient may be transferred to a more	107150
restrictive setting, the chief clinical officer shall file a	107151
motion with the court requesting the court to amend its order of	107152
placement issued under section 5122.15 of the Revised Code. At the	107153
patient's request, the court shall hold a hearing on the motion at	107154
which the patient has the same rights as at a full hearing under	107155
section 5122.15 of the Revised Code. The hearing shall be held	107156
within ten days after the date on which the respondent was	107157
transferred to the more restrictive setting or on which the motion	107158
was filed, whichever is earlier. On the motion of the respondent,	107159
the respondent's counsel, or the chief clinical officer, or on its	107160
own motion, and for good cause shown, the court may order a	107161
continuance of the hearing for up to ten days.	107162

Whenever an involuntary patient is transferred, written	107163
notice of the transfer shall be given to the patient's legal	107164
guardian, parents, spouse, and counsel, or, if none is known, to	107165
the patient's nearest known relative or friend. If the patient is	107166
a minor, the department, before making such a transfer, shall make	107167
a minute of the order for the transfer and the reason for it upon	107168
its record and shall send a certified copy at least seven days	107169
prior to the transfer to the person shown by its record to have	107170
had the care or custody of the minor immediately prior to the	107171
minor's commitment. Whenever a consenting voluntary patient is	107172
transferred, the notification shall be given only at the patient's	107173
request. The chief clinical officer shall advise a voluntary	107174
patient who is being transferred that the patient may decide if	107175
the notification shall be given. In all such transfers, due	107176
consideration shall be given to the wishes of the patient, and the	107177
relationship of the patient to the patient's family, legal	107178
guardian, or friends, so as to maintain the relationship and	107179
encourage visits beneficial to the patient.	107180

When a voluntary patient whose medical or psychological needs	107181
are found by the chief clinical officer to warrant a transfer	107182
refuses to be transferred to an alternate facility, the chief	107183
clinical officer may file an affidavit for a hearing under section	107184
5122.11 of the Revised Code.	107185

Sec. 5122.21. (A) The chief clinical officer shall as	107186
frequently as practicable, and at least once every thirty days,	107187
examine or cause to be examined every patient, and, whenever the	107188
chief clinical officer determines that the conditions justifying	107189
involuntary hospitalization or commitment no longer obtain, shall	107190
discharge the patient not under indictment or conviction for crime	107191
and immediately make a report of the discharge to the department	107192
of ~~mental health~~mental health and addiction services. The chief	107193
clinical officer may discharge a patient who is under an	107194
indictment, a sentence of imprisonment, a community control	107195
sanction, or a post-release control sanction or on parole ten days	107196
after written notice of intent to discharge the patient has been	107197
given by personal service or certified mail, return receipt	107198
requested, to the court having criminal jurisdiction over the	107199
patient. Except when the patient was found not guilty by reason of	107200
insanity and the defendant's commitment is pursuant to section	107201
2945.40 of the Revised Code, the chief clinical officer has final	107202
authority to discharge a patient who is under an indictment, a	107203
sentence of imprisonment, a community control sanction, or a	107204
post-release control sanction or on parole.	107205

(B) After a finding pursuant to section 5122.15 of the	107206
Revised Code that a person is a mentally ill person subject to	107207
hospitalization by court order, the chief clinical officer of the	107208
hospital or ~~agency~~community mental health services provider to	107209
which the person is ordered or to which the person is transferred	107210
under section 5122.20 of the Revised Code, may grant a discharge	107211
without the consent or authorization of any court.	107212

Upon discharge, the chief clinical officer shall notify the	107213
court that caused the judicial hospitalization of the discharge	107214
from the hospital.	107215

Sec. 5122.23. The chief clinical officer of a public	107216
hospital shall immediately report to the department of ~~mental~~	107217
~~health~~mental health and addiction services and the board of	107218
alcohol, drug addiction, and mental health services serving the	107219
patient's county of residence the removal, death, escape,	107220
discharge, or trial visit of any patient hospitalized under	107221
section 5122.15 of the Revised Code, or the return of such an	107222
escaped or visiting patient to the department, the probate judge	107223
of the county from which such patient was hospitalized, and the	107224
probate judge of the county of residence of such patient. In case	107225
of death, the chief clinical officer also shall notify one or more	107226
of the nearest relatives of the deceased patient, if known to ~~him~~	107227
the chief clinical officer, by letter, telegram, or telephone. If	107228
the place of residence of such relative is unknown to the chief	107229
clinical officer, immediately upon receiving notification the	107230
probate judge shall in the speediest manner possible notify such	107231
relatives, if known to ~~him~~the probate judge.	107232

The chief clinical officer of a public hospital, upon the	107233
request of the probate judge of the county from which a patient	107234
was hospitalized or the probate judge of the county of residence	107235
of such a patient, shall make a report to the judge of the	107236
condition of any patient under the care, treatment, custody, or	107237
control of the chief clinical officer.	107238

Sec. 5122.25. Upon the request of a hospital, person, board,	107239
~~agency~~community mental health services provider, or facility who	107240
has custody of a patient hospitalized pursuant to section 5122.15	107241
of the Revised Code, or on the order of the court, such patient	107242
may be called for a rehearing at such place within the county of	107243
~~his~~the patient's residence or the county where such patient is	107244
hospitalized as the court designates. The hearing shall be	107245
conducted pursuant to section 5122.15 of the Revised Code.	107246

Sec. 5122.26. (A) If a patient is absent without leave, on a	107247
verbal or written order issued within five days of the time of the	107248
unauthorized absence by the department of ~~mental health~~mental	107249
health and addiction services, the chief clinical officer of the	107250
hospital from which the patient is absent without leave, or the	107251
court of either the county from which the patient was committed or	107252
in which the patient is found, any health or police officer or	107253
sheriff may take the patient into custody and transport the	107254
patient to the hospital in which the patient was hospitalized or	107255
to a place that is designated in the order. The officer	107256
immediately shall report such fact to the ~~agency~~entity that	107257
issued the order.	107258

The chief clinical officer of a hospital may discharge a	107259
patient who is under an indictment, a sentence of imprisonment, a	107260
community control sanction, or a post-release control sanction or	107261
on parole and who has been absent without leave for more than	107262
thirty days but shall give written notice of the discharge to the	107263
court with criminal jurisdiction over the patient. The chief	107264
clinical officer of a hospital may discharge any other patient who	107265
has been absent without leave for more than fourteen days.	107266

The chief clinical officer shall take all proper measures for	107267
the apprehension of an escaped patient. The expense of the return	107268
of an escaped patient shall be borne by the hospital where the	107269
patient is hospitalized.	107270

(B)(1) Subject to division (B)(2) of this section, no patient	107271
hospitalized under Chapter 5122. of the Revised Code whose absence	107272
without leave was caused or contributed to by the patient's mental	107273
illness shall be subject to a charge of escape.	107274

(2) Division (B)(1) of this section does not apply to any	107275
person who was hospitalized, institutionalized, or confined in a	107276
facility under an order made pursuant to or under authority of	107277
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	107278
2945.402 of the Revised Code and who escapes from the facility,	107279
from confinement in a vehicle for transportation to or from the	107280
facility, or from supervision by an employee of the facility that	107281
is incidental to hospitalization, institutionalization, or	107282
confinement in the facility and that occurs outside the facility,	107283
in violation of section 2921.34 of the Revised Code.	107284

Sec. 5122.27. The chief clinical officer of the hospital or	107285
the chief clinical officer's designee shall assure that all	107286
patients hospitalized or committed pursuant to this chapter shall:	107287

(A) Receive, within twenty days of their admission sufficient	107288
professional care to assure that an evaluation of current status,	107289
differential diagnosis, probable prognosis, and description of the	107290
current treatment plan is stated on the official chart;	107291

(B) Have a written treatment plan consistent with the	107292
evaluation, diagnosis, prognosis, and goals which shall be	107293
provided, upon request of the patient or patient's counsel, to the	107294
patient's counsel and to any private physician or licensed	107295
clinical psychologist designated by the patient or the patient's	107296
counsel or to the Ohio protection and advocacy system;	107297

(C) Receive treatment consistent with the treatment plan. The	107298
department of ~~mental health~~mental health and addiction services	107299
shall set standards for treatment provided to such patients,	107300
consistent wherever possible with standards set by the joint	107301
commission ~~on accreditation of healthcare organizations~~.	107302

(D) Receive periodic reevaluations of the treatment plan by	107303
the professional staff at intervals not to exceed ninety days;	107304

(E) Be provided with adequate medical treatment for physical	107305
disease or injury;	107306

(F) Receive humane care and treatment, including without	107307
limitation, the following:	107308

(1) The least restrictive environment consistent with the	107309
treatment plan;	107310

(2) The necessary facilities and personnel required by the	107311
treatment plan;	107312

(3) A humane psychological and physical environment;

107313

(4) The right to obtain current information concerning the	107314
patient's treatment program and expectations in terms that the	107315
patient can reasonably understand;	107316

(5) Participation in programs designed to afford the patient	107317
substantial opportunity to acquire skills to facilitate return to	107318
the community or to terminate an involuntary commitment;	107319

(6) The right to be free from unnecessary or excessive	107320
medication;	107321

(7) Freedom from restraints or isolation unless it is stated	107322
in a written order by the chief clinical officer or the chief	107323
clinical officer's designee, or the patient's individual physician	107324
or psychologist in a private or general hospital.	107325

If the chief clinical officer of the hospital is unable to	107326
provide the treatment required by divisions (C), (E), and (F) of	107327
this section for any patient hospitalized pursuant to Chapter	107328
5122. of the Revised Code, the chief clinical officer shall	107329
immediately notify the patient, the court, the Ohio protection and	107330
advocacy system, the director of ~~mental health~~mental health and	107331
addiction services, and the patient's counsel and legal guardian,	107332
if known. If within ten days after receipt of such notification by	107333
the director, the director is unable to effect a transfer of the	107334
patient, pursuant to section 5122.20 of the Revised Code, to a	107335
hospital, community mental health ~~agency~~services provider, or	107336
other medical facility where treatment is available, or has not	107337
received an order of the court to the contrary, the involuntary	107338
commitment of any patient hospitalized pursuant to Chapter 5122.	107339
of the Revised Code and defined as a mentally ill person subject	107340
to hospitalization by court order under division (B)(4) of section	107341
5122.01 of the Revised Code shall automatically be terminated.	107342

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	107343
and (E) of this section, the chief clinical officer or, in a	107344
nonpublic hospital, the attending physician responsible for a	107345
patient's care shall provide all information, including expected	107346
physical and medical consequences, necessary to enable any patient	107347
of a hospital for the mentally ill to give a fully informed,	107348
intelligent, and knowing consent, the opportunity to consult with	107349
independent specialists and counsel, and the right to refuse	107350
consent for any of the following:	107351

(1) Surgery;

107352

(2) Convulsive therapy;

107353

(3) Major aversive interventions;

107354

(4) Sterilizations;

107355

(5) Any unusually hazardous treatment procedures;

107356

(6) Psycho-surgery.

107357

(B) No patient shall be subjected to any of the procedures	107358
listed in divisions (A)(4) to (6) of this section until both the	107359
patient's informed, intelligent, and knowing consent and the	107360
approval of the court have been obtained, except that court	107361
approval is not required for a legally competent and voluntary	107362
patient in a nonpublic hospital.	107363

(C) If, after providing the information required under	107364
division (A) of this section to the patient, the chief clinical	107365
officer or attending physician concludes that a patient is	107366
physically or mentally unable to receive the information required	107367
for surgery under division (A)(1) of this section, or has been	107368
adjudicated incompetent, the information may be provided to the	107369
patient's natural or court-appointed guardian, who may give an	107370
informed, intelligent, and knowing written consent.	107371

If a patient is physically or mentally unable to receive the	107372
information required for surgery under division (A)(1) of this	107373
section and has no guardian, the information, the recommendation	107374
of the chief clinical officer, and the concurring judgment of a	107375
licensed physician who is not a full-time employee of the state	107376
may be provided to the court in the county in which the hospital	107377
is located, which may approve the surgery. Before approving the	107378
surgery, the court shall notify the Ohio protection and advocacy	107379
system created by section 5123.60 of the Revised Code, and shall	107380
notify the patient of the rights to consult with counsel, to have	107381
counsel appointed by the court if the patient is indigent, and to	107382
contest the recommendation of the chief clinical officer.	107383

(D) If, in a medical emergency, and after providing the	107384
information required under division (A) of this section to the	107385
patient, it is the judgment of one licensed physician that delay	107386
in obtaining surgery would create a grave danger to the health of	107387
the patient, it may be administered without the consent of the	107388
patient or the patient's guardian if the necessary information is	107389
provided to the patient's spouse or next of kin to enable that	107390
person to give informed, intelligent, and knowing written consent.	107391
If no spouse or next of kin can reasonably be contacted, or if the	107392
spouse or next of kin is contacted, but refuses to consent, the	107393
surgery may be performed upon the written authorization of the	107394
chief clinical officer or, in a nonpublic hospital, upon the	107395
written authorization of the attending physician responsible for	107396
the patient's care, and after the approval of the court has been	107397
obtained. However, if delay in obtaining court approval would	107398
create a grave danger to the life of the patient, the chief	107399
clinical officer or, in a nonpublic hospital, the attending	107400
physician responsible for the patient's care may authorize	107401
surgery, in writing, without court approval. If the surgery is	107402
authorized without court approval, the chief clinical officer or	107403
the attending physician who made the authorization and the	107404
physician who performed the surgery shall each execute an	107405
affidavit describing the circumstances constituting the emergency	107406
and warranting the surgery and the circumstances warranting their	107407
not obtaining prior court approval. The affidavit shall be filed	107408
with the court with which the request for prior approval would	107409
have been filed within five court days after the surgery, and a	107410
copy of the affidavit shall be placed in the patient's file and be	107411
given to the guardian, spouse, or next of kin of the patient, to	107412
the hospital at which the surgery was performed, and to the Ohio	107413
protection and advocacy system as defined in section 5123.60 of	107414
the Revised Code.	107415

(E) Major aversive interventions shall not be used unless a	107416
patient continues to engage in behavior destructive to self or	107417
others after other forms of therapy have been attempted. Major	107418
aversive interventions may be applied if approved by the director	107419
of ~~mental health~~mental health and addiction services. Major	107420
aversive interventions shall not be applied to a voluntary patient	107421
without the informed, intelligent, and knowing written consent of	107422
the patient or the patient's guardian.	107423

(F) Unless there is substantial risk of physical harm to self	107424
or others, or other than under division (D) of this section, this	107425
chapter does not authorize any form of compulsory medical,	107426
psychological, or psychiatric treatment of any patient who is	107427
being treated by spiritual means through prayer alone in	107428
accordance with a recognized religious method of healing without	107429
specific court authorization.	107430

(G) For purposes of this section, "convulsive therapy" does	107431
not include defibrillation.	107432

Sec. 5122.31. (A) All certificates, applications, records,	107433
and reports made for the purpose of this chapter and sections	107434
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	107435
Code, other than court journal entries or court docket entries,	107436
and directly or indirectly identifying a patient or former patient	107437
or person whose hospitalization has been sought under this	107438
chapter, shall be kept confidential and shall not be disclosed by	107439
any person except:	107440

(1) If the person identified, or the person's legal guardian,	107441
if any, or if the person is a minor, the person's parent or legal	107442
guardian, consents, and if the disclosure is in the best interests	107443
of the person, as may be determined by the court for judicial	107444
records and by the chief clinical officer for medical records;	107445

(2) When disclosure is provided for in this chapter, Chapters	107446
340. or 5119., Title XLVII, or section 5123.601 of the Revised	107447
Code;	107448

(3) That hospitals, boards of alcohol, drug addiction, and	107449
mental health services, and community mental health ~~agencies~~	107450
services providers may release necessary medical information to	107451
insurers and other third-party payers, including government	107452
entities responsible for processing and authorizing payment, to	107453
obtain payment for goods and services furnished to the patient;	107454

(4) Pursuant to a court order signed by a judge;

107455

(5) That a patient shall be granted access to the patient's	107456
own psychiatric and medical records, unless access specifically is	107457
restricted in a patient's treatment plan for clear treatment	107458
reasons;	107459

(6) That hospitals and other institutions and facilities	107460
within the department of ~~mental health~~mental health and addiction	107461
services may exchange psychiatric records and other pertinent	107462
information with other hospitals, institutions, and facilities of	107463
the department, and with community mental health ~~agencies~~services	107464
providers and boards of alcohol, drug addiction, and mental health	107465
services with which the department has a current agreement for	107466
patient care or services. Records and information that may be	107467
released pursuant to this division shall be limited to medication	107468
history, physical health status and history, financial status,	107469
summary of course of treatment in the hospital, summary of	107470
treatment needs, and a discharge summary, if any.	107471

(7) That hospitals within the department,and other	107472
institutions and facilities within the department~~, hospitals~~	107473
~~licensed by the department under section 5119.20 of the Revised~~	107474
~~Code, and community mental health agencies~~ may exchange	107475
psychiatric records and other pertinent information with payers	107476
and other providers of treatment and health services if the	107477
purpose of the exchange is to facilitate continuity of care for a	107478
patient or for the emergency treatment of an individual;	107479

(8) That a patient's family member who is involved in the	107480
provision, planning, and monitoring of services to the patient may	107481
receive medication information, a summary of the patient's	107482
diagnosis and prognosis, and a list of the services and personnel	107483
available to assist the patient and the patient's family, if the	107484
patient's treating physician determines that the disclosure would	107485
be in the best interests of the patient. No such disclosure shall	107486
be made unless the patient is notified first and receives the	107487
information and does not object to the disclosure.	107488

(9) That community mental health ~~agencies~~services providers	107489
may exchange psychiatric records and certain other information	107490
with the board of alcohol, drug addiction, and mental health	107491
services and other ~~agencies~~services providers in order to	107492
provide services to a person involuntarily committed to a board.	107493
Release of records under this division shall be limited to	107494
medication history, physical health status and history, financial	107495
status, summary of course of treatment, summary of treatment	107496
needs, and discharge summary, if any.	107497

(10) That information may be disclosed to the executor or the	107498
administrator of an estate of a deceased patient when the	107499
information is necessary to administer the estate;	107500

(11) That records in the possession of the Ohio historical	107501
society may be released to the closest living relative of a	107502
deceased patient upon request of that relative;	107503

(12) ~~That information may be disclosed to staff members of~~	107504
~~the appropriate board or to staff members designated by the~~	107505
~~director of mental health for the purpose of evaluating the~~	107506
~~quality, effectiveness, and efficiency of services and determining~~	107507
~~if the services meet minimum standards. Information obtained~~	107508
~~during such evaluations shall not be retained with the name of any~~	107509
~~patient.~~	107510

~~(13)~~ That records pertaining to the patient's diagnosis,	107511
course of treatment, treatment needs, and prognosis shall be	107512
disclosed and released to the appropriate prosecuting attorney if	107513
the patient was committed pursuant to section 2945.38, 2945.39,	107514
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	107515
attorney designated by the board for proceedings pursuant to	107516
involuntary commitment under this chapter.	107517

~~(14)~~(13) That the department of ~~mental health~~mental health	107518
and addiction services may exchange psychiatric hospitalization	107519
records, other mental health treatment records, and other	107520
pertinent information with the department of rehabilitation and	107521
correction and with the department of youth services to ensure	107522
continuity of care for inmates or offenders who are receiving	107523
mental health services in an institution of the department of	107524
rehabilitation and correction or the department of youth services	107525
and may exchange psychiatric hospitalization records, other mental	107526
health treatment records, and other pertinent information with	107527
boards of alcohol, drug addiction, and mental health services and	107528
community mental health services providers to ensure continuity of	107529
care for inmates or offenders who are receiving mental health	107530
services in an institution and are scheduled for release within	107531
six months. The department shall not disclose those records unless	107532
the inmate or offender is notified, receives the information, and	107533
does not object to the disclosure. The release of records under	107534
this division is limited to records regarding an inmate's or	107535
offender's medication history, physical health status and history,	107536
summary of course of treatment, summary of treatment needs, and a	107537
discharge summary, if any.	107538

~~(15) That a community mental health agency that ceases to~~	107539
~~operate may transfer to either a community mental health agency~~	107540
~~that assumes its caseload or to the board of alcohol, drug~~	107541
~~addiction, and mental health services of the service district in~~	107542
~~which the patient resided at the time services were most recently~~	107543
~~provided any treatment records that have not been transferred~~	107544
~~elsewhere at the patient's request.~~	107545

(B) Before records are disclosed pursuant to divisions	107546
(A)(3), (6), and (9) of this section, the custodian of the records	107547
shall attempt to obtain the patient's consent for the disclosure.	107548
No person shall reveal the contents of a medical record of a	107549
patient except as authorized by law.	107550

(C) The managing officer of a hospital who releases necessary	107551
medical information under division (A)(3) of this section to allow	107552
an insurance carrier or other third party payor to comply with	107553
section 5121.43 of the Revised Code shall neither be subject to	107554
criminal nor civil liability.	107555

Sec. 5122.311. (A) Notwithstanding any provision of the	107556
Revised Code to the contrary, if, on or after ~~the effective date~~	107557
~~of this section~~April 8, 2004, an individual is found by a court	107558
to be a mentally ill person subject to hospitalization by court	107559
order or becomes an involuntary patient other than one who is a	107560
patient only for purposes of observation, the probate judge who	107561
made the adjudication or the chief clinical officer of the	107562
hospital, ~~agency~~community mental health services provider, or	107563
facility in which the person is an involuntary patient shall	107564
notify the bureau of criminal identification and investigation, on	107565
the form described in division (C) of this section, of the	107566
identity of the individual. The notification shall be transmitted	107567
by the judge or the chief clinical officer not later than seven	107568
days after the adjudication or commitment.	107569

(B) The bureau of criminal identification and investigation	107570
shall compile and maintain the notices it receives under division	107571
(A) of this section and shall use them for the purpose of	107572
conducting incompetency records checks pursuant to section 311.41	107573
of the Revised Code. The notices and the information they contain	107574
are confidential, except as provided in this division, and are not	107575
public records.	107576

(C) The attorney general, by rule adopted under Chapter 119.	107577
of the Revised Code, shall prescribe and make available to all	107578
probate judges and all chief clinical officers a form to be used	107579
by them for the purpose of making the notifications required by	107580
division (A) of this section.	107581

Sec. 5122.32. (A) As used in this section:

107582

(1) "Quality assurance committee" means a committee that is	107583
appointed in the central office of the department of ~~mental health~~	107584
mental health and addiction services by the director of ~~mental~~	107585
~~health~~mental health and addiction services, a committee of a	107586
hospital or community setting program, ~~a committee established~~	107587
~~pursuant to section 5119.47 of the Revised Code of the department~~	107588
~~of mental health appointed by the managing officer of the hospital~~	107589
~~or program,~~ or a duly authorized subcommittee of a committee of	107590
that nature and that is designated to carry out quality assurance	107591
program activities.	107592

(2) "Quality assurance program" means a comprehensive program	107593
within the department of ~~mental health~~mental health and addiction	107594
services to systematically review and improve the quality of	107595
medical and mental health services within the department and its	107596
hospitals and community setting programs, the safety and security	107597
of persons receiving medical and mental health services within the	107598
department and its hospitals and community setting programs, and	107599
the efficiency and effectiveness of the utilization of staff and	107600
resources in the delivery of medical and mental health services	107601
within the department and its hospitals and community setting	107602
programs. "Quality assurance program" includes the central office	107603
quality assurance committees, morbidity and mortality review	107604
committees, quality assurance programs of community setting	107605
programs, quality assurance committees of hospitals operated by	107606
the department of ~~mental health~~mental health and addiction	107607
services, and the office of licensure and certification of the	107608
department.	107609

(3) "Quality assurance program activities" include collecting	107610
or compiling information and reports required by a quality	107611
assurance committee, receiving, reviewing, or implementing the	107612
recommendations made by a quality assurance committee, and	107613
credentialing, privileging, infection control, tissue review, peer	107614
review, utilization review including access to patient care	107615
records, patient care assessment records, and medical and mental	107616
health records, medical and mental health resource management,	107617
mortality and morbidity review, and identification and prevention	107618
of medical or mental health incidents and risks, whether performed	107619
by a quality assurance committee or by persons who are directed by	107620
a quality assurance committee.	107621

(4) "Quality assurance records" means the proceedings,	107622
discussion, records, findings, recommendations, evaluations,	107623
opinions, minutes, reports, and other documents or actions that	107624
emanate from quality assurance committees, quality assurance	107625
programs, or quality assurance program activities. "Quality	107626
assurance records" does not include aggregate statistical	107627
information that does not disclose the identity of persons	107628
receiving or providing medical or mental health services in	107629
department of ~~mental health institutions~~mental health and	107630
addiction services hospitals or community setting programs .	107631

(B)(1) Except as provided in division (E) of this section,	107632
quality assurance records are confidential and are not public	107633
records under section 149.43 of the Revised Code, and shall be	107634
used only in the course of the proper functions of a quality	107635
assurance program.	107636

(2) Except as provided in division (E) of this section, no	107637
person who possesses or has access to quality assurance records	107638
and who knows that the records are quality assurance records shall	107639
willfully disclose the contents of the records to any person or	107640
entity.	107641

(C)(1) Except as provided in division (E) of this section, no	107642
quality assurance record shall be subject to discovery in, and is	107643
not admissible in evidence, in any judicial or administrative	107644
proceeding.	107645

(2) Except as provided in division (E) of this section, no	107646
member of a quality assurance committee or a person who is	107647
performing a function that is part of a quality assurance program	107648
shall be permitted or required to testify in a judicial or	107649
administrative proceeding with respect to quality assurance	107650
records or with respect to any finding, recommendation,	107651
evaluation, opinion, or other action taken by the committee,	107652
member, or person.	107653

(3) Information, documents, or records otherwise available	107654
from original sources are not to be construed as being unavailable	107655
for discovery or admission in evidence in a judicial or	107656
administrative proceeding merely because they were presented to a	107657
quality assurance committee. No person testifying before a quality	107658
assurance committee or person who is a member of a quality	107659
assurance committee shall be prevented from testifying as to	107660
matters within the person's knowledge, but the witness cannot be	107661
asked about the witness' testimony before the quality assurance	107662
committee or about an opinion formed by the person as a result of	107663
the quality assurance committee proceedings.	107664

(D)(1) A person who, without malice and in the reasonable	107665
belief that the information is warranted by the facts known to the	107666
person, provides information to a person engaged in quality	107667
assurance program activities is not liable for damages in a civil	107668
action for injury, death, or loss to person or property to any	107669
person as a result of providing the information.	107670

(2) A member of a quality assurance committee, a person	107671
engaged in quality assurance program activities, and an employee	107672
of the department of ~~mental health~~mental health and addiction	107673
services shall not be liable in damages in a civil action for	107674
injury, death, or loss to person or property to any person for any	107675
acts, omissions, decisions, or other conduct within the scope of	107676
the functions of the quality assurance program.	107677

(3) Nothing in this section shall relieve any institution or	107678
individual from liability arising from the treatment of a patient.	107679

(E) Quality assurance records may be disclosed, and testimony	107680
may be provided concerning quality assurance records, only to the	107681
following persons or entities:	107682

(1) Persons who are employed or retained by the department of	107683
~~mental health~~mental health and addiction services and who have	107684
authority to evaluate or implement the recommendations of a	107685
state-operated hospital, community setting program, or central	107686
office quality assurance committee;	107687

(2) Public or private agencies or organizations if needed to	107688
perform a licensing or accreditation function related to	107689
department of ~~mental health~~mental health and addiction services	107690
hospitals or community setting programs, or to perform monitoring	107691
of a hospital or program of that nature as required by law.	107692

(F) A disclosure of quality assurance records pursuant to	107693
division (E) of this section does not otherwise waive the	107694
confidential and privileged status of the disclosed quality	107695
assurance records.	107696

(G) Nothing in this section shall limit the access of the	107697
Ohio protection and advocacy system to records or personnel as	107698
required under section 5123.601 of the Revised Code. Nothing in	107699
this section shall limit the admissibility of documentary or	107700
testimonial evidence in an action brought by the Ohio protection	107701
and advocacy system in its own name or on behalf of a client.	107702

Sec. 5122.33. The department of ~~mental health~~mental health	107703
and addiction services may prescribe the form of applications,	107704
reports, records, and medical certificates provided for under this	107705
chapter, and the information required to be contained therein;	107706
require reports from the chief clinical officer of any public	107707
hospital relating to the admission, examination, diagnosis,	107708
release, or discharge of any patient; visit each such hospital	107709
regularly to review the admission procedures of all new patients	107710
admitted between visits; investigate by personal visit complaints	107711
made by any patient or by any person on behalf of a patient; and	107712
adopt such rules as are reasonably necessary to effectuate the	107713
provisions of this chapter.	107714

Sec. 5122.34. (A) Persons, including, but not limited to,	107715
boards of alcohol, drug addiction, and mental health services and	107716
community mental health ~~agencies~~services providers, acting in	107717
good faith, either upon actual knowledge or information thought by	107718
them to be reliable, who procedurally or physically assist in the	107719
hospitalization or discharge, determination of appropriate	107720
placement, or in judicial proceedings of a person under this	107721
chapter, do not come within any criminal provisions, and are free	107722
from any liability to the person hospitalized or to any other	107723
person.	107724

(B) Regardless of whether any affirmative action has been	107725
taken under this chapter with respect to a mental health client or	107726
patient and except as otherwise provided in section 2305.51 of the	107727
Revised Code, no person shall be liable for any harm that results	107728
to any other person as a result of failing to disclose any	107729
confidential information about the mental health client or	107730
patient, or failing to otherwise attempt to protect such other	107731
person from harm by such client or patient.	107732

(C) This section applies to expert witnesses who testify at	107733
hearings under this chapter.	107734

(D) The immunity from liability conferred by this section is	107735
in addition to and not in limitation of any immunity conferred by	107736
any other section of the Revised Code or by judicial precedent.	107737

Sec. 5122.341. (A) As used in this section:

107738

(1) "Facility or ~~agency~~provider" means, in the context of a	107739
person committed to the department of ~~mental health~~mental health	107740
and addiction services under sections 2945.37 to 2945.402 of the	107741
Revised Code, any entity in which the department of ~~mental health~~	107742
mental health and addiction services places such a person.	107743

(2) "Person committed to the department" means a person	107744
committed to the department of ~~mental health~~mental health and	107745
addiction services under sections 2945.37 to 2945.402 of the	107746
Revised Code.	107747

(B) No member of a board of directors, or employee, of a	107748
facility or ~~agency~~provider in which the department of ~~mental~~	107749
~~health~~mental health and addiction services places a person	107750
committed to the department is liable for injury or damages caused	107751
by any action or inaction taken within the scope of the board	107752
member's official duties or employee's employment relating to the	107753
commitment of, and services provided to, the person committed to	107754
the department, unless the action or inaction constitutes willful	107755
or wanton misconduct. A board member's or employee's action or	107756
inaction does not constitute willful or wanton misconduct if the	107757
board member or employee acted in good faith and reasonably under	107758
the circumstances and with the knowledge reasonably attributable	107759
to the board member or employee.	107760

The immunity from liability conferred by this section is in	107761
addition to and not in limitation of any immunity conferred by any	107762
other section of the Revised Code or by judicial precedent.	107763

Sec. 5122.39. (A) Mentally ill minors shall remain under the	107764
natural guardianship of their parents, notwithstanding	107765
hospitalization pursuant to this chapter, unless parental rights	107766
have been terminated pursuant to a court finding that the minor is	107767
neglected or dependent. Where a mentally ill minor is found to be	107768
dependent or neglected, the public children's services agency in	107769
the county of residence has final guardianship authority and	107770
responsibility.	107771

(B) In no case shall the guardianship of a mentally ill	107772
person be assigned to the chief medical officer or any staff	107773
member of a hospital, board, or ~~agency~~provider from which the	107774
person is receiving mental health services.	107775

Sec. 5122.43. (A) Costs, fees, and expenses of all	107776
proceedings held under this chapter shall be paid as follows:	107777

(1) To police and health officers, other than sheriffs or	107778
their deputies, the same fees allowed to constables, to be paid	107779
upon the approval of the probate judge;	107780

(2) To sheriffs or their deputies, the same fees allowed for	107781
similar services in the court of common pleas;	107782

(3) To physicians or licensed clinical psychologists acting	107783
as expert witnesses and to other expert witnesses designated by	107784
the court, an amount determined by the court;	107785

(4) To other witnesses, the same fees and mileage as for	107786
attendance at the court of common pleas, to be paid upon the	107787
approval of the probate judge;	107788

(5) To a person, other than the sheriff or the sheriff's	107789
deputies, for taking a mentally ill person to a hospital or	107790
removing a mentally ill person from a hospital, the actual	107791
necessary expenses incurred, specifically itemized, and approved	107792
by the probate judge;	107793

(6) To assistants who convey mentally ill persons to the	107794
hospital when authorized by the probate judge, a fee set by the	107795
probate court, provided the assistants are not drawing a salary	107796
from the state or any political subdivision of the state, and	107797
their actual necessary expenses incurred, provided that the	107798
expenses are specifically itemized and approved by the probate	107799
judge;	107800

(7) To an attorney appointed by the probate division for an	107801
indigent who allegedly is a mentally ill person pursuant to any	107802
section of this chapter, the fees that are determined by the	107803
probate division. When those indigent persons are before the	107804
court, all filing and recording fees shall be waived.	107805

(8) To a referee who is appointed to conduct proceedings	107806
under this chapter that involve a respondent whose domicile is or,	107807
before the respondent's hospitalization, was not the county in	107808
which the proceedings are held, compensation as fixed by the	107809
probate division, but not more than the compensation paid for	107810
similar proceedings for respondents whose domicile is in the	107811
county in which the proceedings are held;	107812

(9) To a court reporter appointed to make a transcript of	107813
proceedings under this chapter, the compensation and fees allowed	107814
in other cases under section 2101.08 of the Revised Code.	107815

(B) A county shall pay for the costs, fees, and expenses	107816
described in division (A) of this section with money appropriated	107817
pursuant to section 2101.11 of the Revised Code. A county may seek	107818
reimbursement from the department of ~~mental health~~mental health	107819
and addiction services by submitting a request and certification	107820
by the county auditor of the costs, fees, and expenses to the	107821
department within two months of the date the costs, fees, and	107822
expenses are incurred by the county.	107823

Each fiscal year, based on past allocations, historical	107824
utilization, and other factors the department considers	107825
appropriate, the department shall allocate for each county an	107826
amount for reimbursements under this section. The total of all the	107827
allocations shall equal the amount appropriated for the fiscal	107828
year to the department specifically for the purposes of this	107829
section.	107830

On receipt, the department shall review each request for	107831
reimbursement and prepare a voucher for the amount of the costs,	107832
fees, and expenses incurred by the county, provided that the total	107833
amount of money paid to all counties in each fiscal year shall not	107834
exceed the total amount of moneys specifically appropriated to the	107835
department for these purposes.	107836

The department's total reimbursement to each county shall be	107837
the lesser of the full amount requested or the amount allocated	107838
for the county under this division. In addition, the department	107839
shall distribute any surplus remaining from the money appropriated	107840
for the fiscal year to the department for the purposes of this	107841
section as follows to counties whose full requests exceed their	107842
allocations:	107843

(1) If the surplus is sufficient to reimburse such counties	107844
the full amount of their requests, each such county shall receive	107845
the full amount of its request;	107846

(2) If the surplus is insufficient, each such county shall	107847
receive a percentage of the surplus determined by dividing the	107848
difference between the county's full request and its allocation by	107849
the difference between the total of the full requests of all such	107850
counties and the total of the amounts allocated for all such	107851
counties.	107852

The department may adopt rules in accordance with Chapter	107853
119. of the Revised Code to implement the payment of costs, fees,	107854
and expenses under this section.	107855

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	107856
Revised Code:	107857

(A) "Compilation" means a written list of the following	107858
information, as the department of ~~mental health~~mental health and	107859
addiction services is able to reasonably ascertain, for every	107860
patient who was buried, entombed, or inurned prior to ~~the~~	107861
~~effective date of this section~~March 31, 2005, in a cemetery	107862
located on the grounds of or adjacent to the grounds of a public	107863
hospital:	107864

(1) Name;

107865

(2) Date of birth;

107866

(3) Date of death or burial;

107867

(4) Specific physical location of the burial, entombment, or	107868
inurnment, including the plot or grave site number if available.	107869

(B) "Patient" means an individual who died while admitted to	107870
a public hospital that was under the control of the department of	107871
~~mental health~~mental health and addiction services.	107872

(C) "Record" has the same meaning as in section 149.011 of	107873
the Revised Code.	107874

(D) "State agency" means every organized body, office, or	107875
agency established by the laws of the state for the exercise of	107876
any function of state government.	107877

Sec. 5122.45. The department of ~~mental health~~mental health	107878
and addiction services shall create a separate compilation for	107879
each cemetery located on the grounds of or adjacent to the grounds	107880
of a public hospital that is under the control of the department	107881
on ~~the effective date of this section~~March 31, 2005. The	107882
compilation shall be created within a reasonable time not	107883
exceeding three years after ~~the effective date of this section~~	107884
March 31, 2005. The department shall use its best efforts to	107885
create the most complete compilations possible using records in	107886
the department's possession and records obtained in accordance	107887
with section 5122.46 of the Revised Code.	107888

Sec. 5122.46. The Ohio historical society and each state	107889
agency shall, at the request of the department of ~~mental health~~	107890
mental health and addiction services, provide the department	107891
access to records and information in the possession of the	107892
historical society or state agency for purposes of creating	107893
compilations.	107894

Sec. 5122.47. The department of ~~mental health~~mental health	107895
and addiction services shall deposit a copy of each compilation	107896
with the Ohio historical society and the state library as soon as	107897
a compilation is completed. The department shall not disclose any	107898
record or information used to create a compilation except as	107899
provided in sections 149.43 and 5122.31 of the Revised Code.	107900

Sec. 5123.01. As used in this chapter:

107901

(A) "Chief medical officer" means the licensed physician	107902
appointed by the managing officer of an institution for the	107903
mentally retarded with the approval of the director of	107904
developmental disabilities to provide medical treatment for	107905
residents of the institution.	107906

(B) "Chief program director" means a person with special	107907
training and experience in the diagnosis and management of the	107908
mentally retarded, certified according to division (C) of this	107909
section in at least one of the designated fields, and appointed by	107910
the managing officer of an institution for the mentally retarded	107911
with the approval of the director to provide habilitation and care	107912
for residents of the institution.	107913

(C) "Comprehensive evaluation" means a study, including a	107914
sequence of observations and examinations, of a person leading to	107915
conclusions and recommendations formulated jointly, with	107916
dissenting opinions if any, by a group of persons with special	107917
training and experience in the diagnosis and management of persons	107918
with mental retardation or a developmental disability, which group	107919
shall include individuals who are professionally qualified in the	107920
fields of medicine, psychology, and social work, together with	107921
such other specialists as the individual case may require.	107922

(D) "Education" means the process of formal training and	107923
instruction to facilitate the intellectual and emotional	107924
development of residents.	107925

(E) "Habilitation" means the process by which the staff of	107926
the institution assists the resident in acquiring and maintaining	107927
those life skills that enable the resident to cope more	107928
effectively with the demands of the resident's own person and of	107929
the resident's environment and in raising the level of the	107930
resident's physical, mental, social, and vocational efficiency.	107931
Habilitation includes but is not limited to programs of formal,	107932
structured education and training.	107933

(F) "Health officer" means any public health physician,	107934
public health nurse, or other person authorized or designated by a	107935
city or general health district.	107936

(G) "Home and community-based services" means medicaid-funded	107937
home and community-based services specified in division ~~(B)~~(A)(1)	107938
of section ~~5111.87~~5166.20 of the Revised Code provided under the	107939
medicaid waiver components the department of developmental	107940
disabilities administers pursuant to section ~~5111.871~~5166.21 of	107941
the Revised Code. Except as provided in section 5123.0412 of the	107942
Revised Code, home and community-based services provided under the	107943
medicaid waiver component known as the transitions developmental	107944
disabilities waiver are to be considered to be home and	107945
community-based services for the purposes of this chapter, and	107946
Chapters 5124. and 5126. of the Revised Code, only to the extent,	107947
if any, provided by the contract required by section ~~5111.871~~	107948
5166.21 of the Revised Code regarding the waiver.	107949

(H) "ICF/IID" has the same meaning as in section 5124.01 of	107950
the Revised Code.	107951

(I) "Indigent person" means a person who is unable, without	107952
substantial financial hardship, to provide for the payment of an	107953
attorney and for other necessary expenses of legal representation,	107954
including expert testimony.	107955

~~(I)~~(J) "Institution" means a public or private facility, or a	107956
part of a public or private facility, that is licensed by the	107957
appropriate state department and is equipped to provide	107958
residential habilitation, care, and treatment for the mentally	107959
retarded.	107960

~~(J)~~(K) "Licensed physician" means a person who holds a valid	107961
certificate issued under Chapter 4731. of the Revised Code	107962
authorizing the person to practice medicine and surgery or	107963
osteopathic medicine and surgery, or a medical officer of the	107964
government of the United States while in the performance of the	107965
officer's official duties.	107966

~~(K)~~(L) "Managing officer" means a person who is appointed by	107967
the director of developmental disabilities to be in executive	107968
control of an institution for the mentally retarded under the	107969
jurisdiction of the department.	107970

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	107971
~~the Revised Code.~~	107972

(M) "Medicaid case management services" means case management	107973
services provided to an individual with mental retardation or	107974
other developmental disability that the state medicaid plan	107975
requires.	107976

(N) "Mentally retarded person" means a person having	107977
significantly subaverage general intellectual functioning existing	107978
concurrently with deficiencies in adaptive behavior, manifested	107979
during the developmental period.	107980

(O) "Mentally retarded person subject to institutionalization	107981
by court order" means a person eighteen years of age or older who	107982
is at least moderately mentally retarded and in relation to whom,	107983
because of the person's retardation, either of the following	107984
conditions exist:	107985

(1) The person represents a very substantial risk of physical	107986
impairment or injury to self as manifested by evidence that the	107987
person is unable to provide for and is not providing for the	107988
person's most basic physical needs and that provision for those	107989
needs is not available in the community;	107990

(2) The person needs and is susceptible to significant	107991
habilitation in an institution.	107992

(P) "A person who is at least moderately mentally retarded"	107993
means a person who is found, following a comprehensive evaluation,	107994
to be impaired in adaptive behavior to a moderate degree and to be	107995
functioning at the moderate level of intellectual functioning in	107996
accordance with standard measurements as recorded in the most	107997
current revision of the manual of terminology and classification	107998
in mental retardation published by the American association on	107999
mental retardation.	108000

(Q) As used in this division, "substantial functional	108001
limitation," "developmental delay," and "established risk" have	108002
the meanings established pursuant to section 5123.011 of the	108003
Revised Code.	108004

"Developmental disability" means a severe, chronic disability	108005
that is characterized by all of the following:	108006

(1) It is attributable to a mental or physical impairment or	108007
a combination of mental and physical impairments, other than a	108008
mental or physical impairment solely caused by mental illness as	108009
defined in division (A) of section 5122.01 of the Revised Code.	108010

(2) It is manifested before age twenty-two.

108011

(3) It is likely to continue indefinitely.

108012

(4) It results in one of the following:

108013

(a) In the case of a person under three years of age, at	108014
least one developmental delay or an established risk;	108015

(b) In the case of a person at least three years of age but	108016
under six years of age, at least two developmental delays or an	108017
established risk;	108018

(c) In the case of a person six years of age or older, a	108019
substantial functional limitation in at least three of the	108020
following areas of major life activity, as appropriate for the	108021
person's age: self-care, receptive and expressive language,	108022
learning, mobility, self-direction, capacity for independent	108023
living, and, if the person is at least sixteen years of age,	108024
capacity for economic self-sufficiency.	108025

(5) It causes the person to need a combination and sequence	108026
of special, interdisciplinary, or other type of care, treatment,	108027
or provision of services for an extended period of time that is	108028
individually planned and coordinated for the person.	108029

(R) "Developmentally disabled person" means a person with a	108030
developmental disability.	108031

(S) "State institution" means an institution that is	108032
tax-supported and under the jurisdiction of the department.	108033

(T) "Residence" and "legal residence" have the same meaning	108034
as "legal settlement," which is acquired by residing in Ohio for a	108035
period of one year without receiving general assistance prior to	108036
July 17, 1995, under former Chapter 5113. of the Revised Code,	108037
financial assistance under Chapter 5115. of the Revised Code, or	108038
assistance from a private agency that maintains records of	108039
assistance given. A person having a legal settlement in the state	108040
shall be considered as having legal settlement in the assistance	108041
area in which the person resides. No adult person coming into this	108042
state and having a spouse or minor children residing in another	108043
state shall obtain a legal settlement in this state as long as the	108044
spouse or minor children are receiving public assistance, care, or	108045
support at the expense of the other state or its subdivisions. For	108046
the purpose of determining the legal settlement of a person who is	108047
living in a public or private institution or in a home subject to	108048
licensing by the department of job and family services, the	108049
department of ~~mental health~~mental health and addiction services,	108050
or the department of developmental disabilities, the residence of	108051
the person shall be considered as though the person were residing	108052
in the county in which the person was living prior to the person's	108053
entrance into the institution or home. Settlement once acquired	108054
shall continue until a person has been continuously absent from	108055
Ohio for a period of one year or has acquired a legal residence in	108056
another state. A woman who marries a man with legal settlement in	108057
any county immediately acquires the settlement of her husband. The	108058
legal settlement of a minor is that of the parents, surviving	108059
parent, sole parent, parent who is designated the residential	108060
parent and legal custodian by a court, other adult having	108061
permanent custody awarded by a court, or guardian of the person of	108062
the minor, provided that:	108063

(1) A minor female who marries shall be considered to have	108064
the legal settlement of her husband and, in the case of death of	108065
her husband or divorce, she shall not thereby lose her legal	108066
settlement obtained by the marriage.	108067

(2) A minor male who marries, establishes a home, and who has	108068
resided in this state for one year without receiving general	108069
assistance prior to July 17, 1995, under former Chapter 5113. of	108070
the Revised Code, financial assistance under Chapter 5115. of the	108071
Revised Code, or assistance from a private agency that maintains	108072
records of assistance given shall be considered to have obtained a	108073
legal settlement in this state.	108074

(3) The legal settlement of a child under eighteen years of	108075
age who is in the care or custody of a public or private child	108076
caring agency shall not change if the legal settlement of the	108077
parent changes until after the child has been in the home of the	108078
parent for a period of one year.	108079

No person, adult or minor, may establish a legal settlement	108080
in this state for the purpose of gaining admission to any state	108081
institution.	108082

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	108083
this section, a person who is admitted either voluntarily or	108084
involuntarily to an institution or other facility pursuant to	108085
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	108086
Code subsequent to a finding of not guilty by reason of insanity	108087
or incompetence to stand trial or under this chapter who is under	108088
observation or receiving habilitation and care in an institution.	108089

(2) "Resident" does not include a person admitted to an	108090
institution or other facility under section 2945.39, 2945.40,	108091
2945.401, or 2945.402 of the Revised Code to the extent that the	108092
reference in this chapter to resident, or the context in which the	108093
reference occurs, is in conflict with any provision of sections	108094
2945.37 to 2945.402 of the Revised Code.	108095

(V) "Respondent" means the person whose detention,	108096
commitment, or continued commitment is being sought in any	108097
proceeding under this chapter.	108098

(W) "Working day" and "court day" mean Monday, Tuesday,	108099
Wednesday, Thursday, and Friday, except when such day is a legal	108100
holiday.	108101

(X) "Prosecutor" means the prosecuting attorney, village	108102
solicitor, city director of law, or similar chief legal officer	108103
who prosecuted a criminal case in which a person was found not	108104
guilty by reason of insanity, who would have had the authority to	108105
prosecute a criminal case against a person if the person had not	108106
been found incompetent to stand trial, or who prosecuted a case in	108107
which a person was found guilty.	108108

(Y) "Court" means the probate division of the court of common	108109
pleas.	108110

(Z) "Supported living" and "residential services" have the	108111
same meanings as in section 5126.01 of the Revised Code.	108112

Sec. 5123.021. (A) As used in this section, "mentally	108113
retarded individual" and "specialized services" have the same	108114
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	108115

(B)(1) Except as provided in division (B)(2) of this section	108116
and rules adopted under division (E)(3) of this section, for	108117
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	108118
department of developmental disabilities shall determine in	108119
accordance with section 1919(e)(7) of the "Social Security Act,"	108120
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	108121
adopted under section 1919(f)(8)(A) of that act whether, because	108122
of the individual's physical and mental condition, a mentally	108123
retarded individual seeking admission to a nursing facility	108124
requires the level of services provided by a nursing facility and,	108125
if the individual requires that level of services, whether the	108126
individual requires specialized services for mental retardation.	108127

(2) A determination under this division is not required for	108128
any of the following:	108129

(a) An individual seeking readmission to a nursing facility	108130
after having been transferred from a nursing facility to a	108131
hospital for care;	108132

(b) An individual who meets all of the following conditions:

108133

(i) The individual is admitted to the nursing facility	108134
directly from a hospital after receiving inpatient care at the	108135
hospital;	108136

(ii) The individual requires nursing facility services for	108137
the condition for which the individual received care in the	108138
hospital;	108139

(iii) The individual's attending physician has certified,	108140
before admission to the nursing facility, that the individual is	108141
likely to require less than thirty days of nursing facility	108142
services.	108143

(c) An individual transferred from one nursing facility to	108144
another nursing facility, with or without an intervening hospital	108145
stay.	108146

(C) Except as provided in rules adopted under division (F)(3)	108147
of this section, the department of developmental disabilities	108148
shall review and determine, for each resident of a nursing	108149
facility who is mentally retarded, whether the resident, because	108150
of the resident's physical and mental condition, requires the	108151
level of services provided by a nursing facility and whether the	108152
resident requires specialized services for mental retardation. The	108153
review and determination shall be conducted in accordance with	108154
section 1919(e)(7) of the "Social Security Act" and the	108155
regulations adopted under section 1919(f)(8)(A) of the act. The	108156
review and determination shall be completed promptly after a	108157
nursing facility has notified the department that there has been a	108158
significant change in the resident's mental or physical condition.	108159

(D)(1) In the case of a nursing facility resident who has	108160
continuously resided in a nursing facility for at least thirty	108161
months before the date of a review and determination under	108162
division (C) of this section, if the resident is determined not to	108163
require the level of services provided by a nursing facility, but	108164
is determined to require specialized services for mental	108165
retardation, the department, in consultation with the resident's	108166
family or legal representative and care givers, shall do all of	108167
the following:	108168

(a) Inform the resident of the institutional and	108169
noninstitutional alternatives covered under the state plan for	108170
medical assistance;	108171

(b) Offer the resident the choice of remaining in the nursing	108172
facility or receiving covered services in an alternative	108173
institutional or noninstitutional setting;	108174

(c) Clarify the effect on eligibility for services under the	108175
state plan for medical assistance if the resident chooses to leave	108176
the facility, including its effect on readmission to the facility;	108177

(d) Provide for or arrange for the provision of specialized	108178
services for the resident's mental retardation in the setting	108179
chosen by the resident.	108180

(2) In the case of a nursing facility resident who has	108181
continuously resided in a nursing facility for less than thirty	108182
months before the date of the review and determination under	108183
division (C) of this section, if the resident is determined not to	108184
require the level of services provided by a nursing facility, but	108185
is determined to require specialized services for mental	108186
retardation, or if the resident is determined to require neither	108187
the level of services provided by a nursing facility nor	108188
specialized services for mental retardation, the department shall	108189
act in accordance with its alternative disposition plan approved	108190
by the United States department of health and human services under	108191
section 1919(e)(7)(E) of the "Social Security Act."	108192

(3) In the case of an individual who is determined under	108193
division (B) or (C) of this section to require both the level of	108194
services provided by a nursing facility and specialized services	108195
for mental retardation, the department of developmental	108196
disabilities shall provide or arrange for the provision of the	108197
specialized services needed by the individual or resident while	108198
residing in a nursing facility.	108199

(E) The department of developmental disabilities shall adopt	108200
rules in accordance with Chapter 119. of the Revised Code that do	108201
all of the following:	108202

(1) Establish criteria to be used in making the	108203
determinations required by divisions (B) and (C) of this section.	108204
The criteria shall not exceed the criteria established by	108205
regulations adopted by the United States department of health and	108206
human services under section 1919(f)(8)(A) of the "Social Security	108207
Act."	108208

(2) Specify information to be provided by the individual or	108209
nursing facility resident being assessed;	108210

(3) Specify any circumstances, in addition to circumstances	108211
listed in division (B) of this section, under which determinations	108212
under divisions (B) and (C) of this section are not required to be	108213
made.	108214

Sec. 5123.022. It(A) As used in this section:

108215

(1) "Community employment" means competitive employment that	108216
takes place in an integrated setting.	108217

(2) "Competitive employment" means full-time or part-time	108218
work in the competitive labor market in which payment is at or	108219
above the minimum wage but not less than the customary wage and	108220
level of benefits paid by the employer for the same or similar	108221
work performed by persons who are not disabled.	108222

(3) "Integrated setting" means a setting typically found in	108223
the community where individuals with developmental disabilities	108224
interact with individuals who do not have disabilities to the same	108225
extent that individuals in comparable positions who are not	108226
disabled interact with other individuals, including in employment	108227
settings in which employees interact with the community through	108228
technology.	108229

(B) It is hereby declared to be the policy of this state that	108230
employment services for individuals with developmental	108231
disabilities be directed at ~~placement whenever possible of each~~	108232
~~individual in a position in the~~ community ~~in which the individual~~	108233
~~is integrated with the employer's other workers who are not~~	108234
~~developmentally disabled~~employment. ~~The~~Every individual with a	108235
developmental disability is presumed capable of community	108236
employment.	108237

The departments of developmental disabilities, education,	108238
medicaid, job and family services, and ~~mental health~~mental health	108239
and addiction services; the ~~rehabilitation services commission~~	108240
opportunities for Ohioans with disabilities agency; and each other	108241
state agency that provides employment services to individuals with	108242
developmental disabilities shall implement ~~this~~the policy of	108243
this state and ensure that it is followed whenever employment	108244
services are provided to individuals with developmental	108245
disabilities.	108246

The department of developmental disabilities shall coordinate	108247
the actions taken by state agencies to comply with the state's	108248
policy. Agencies shall collaborate within their divisions and with	108249
each other to ensure that state programs, policies, procedures,	108250
and funding support competitive and integrated employment of	108251
individuals with developmental disabilities. State agencies shall	108252
share information with the department, and the department shall	108253
track progress toward full implementation of the policy. The	108254
department, in coordination with any task force established by the	108255
governor, shall compile data and annually submit to the governor a	108256
report on implementation of the policy.	108257

The department and state agencies may adopt rules to	108258
implement the state's policy.	108259

(C) The state's policy articulated in this section is	108260
intended to promote the right of each individual with a	108261
developmental disability to informed choice; however, nothing in	108262
this section requires any employer to give preference in hiring to	108263
an individual because the individual has a disability.	108264

Sec. 5123.023. (A) The director of developmental	108265
disabilities may establish an employment first task force	108266
consisting of the departments of developmental disabilities,	108267
education, medicaid, job and family services, and mental health	108268
and addiction services; and the opportunities for Ohioans with	108269
disabilities agency. The purpose of the task force shall be to	108270
improve the coordination of the state's efforts to address the	108271
needs of individuals with developmental disabilities who seek	108272
community employment as defined in section 5123.022 of the Revised	108273
Code.	108274

(B) The department of developmental disabilities may enter	108275
into interagency agreements with any of the government entities on	108276
the task force. The interagency agreements may specify either or	108277
both of the following:	108278

(1) The roles and responsibilities of the government entities	108279
that are members of the task force, including any money to be	108280
contributed by those entities;	108281

(2) The projects and activities of the task force.

108282

(C) There is hereby created in the state treasury the	108283
employment first taskforce fund. Any money received by the task	108284
force from its members shall be credited to the fund. The	108285
department of developmental disabilities shall use the fund to	108286
support the work of the task force.	108287

(D) The task force shall cease to exist on January 1, 2020.	108288
Any money, assets, or employees of the department of developmental	108289
disabilities that on that date are dedicated to the work of the	108290
task force shall be reallocated by the department for employment	108291
services for individuals with developmental disabilities.	108292

Sec. 5123.03. (A) The department of developmental	108293
disabilities shall do all of the following:	108294

(1) Maintain, operate, manage, and govern all state	108295
institutions for the care, treatment, and training of the mentally	108296
retarded;	108297

(2) Designate all such institutions by appropriate names;

108298

(3) Provide and designate facilities for the custody, care,	108299
and special treatment of persons of the following classes:	108300

(a) Dangerous persons in state institutions for the mentally	108301
retarded who represent a serious threat to the safety of the other	108302
patients of the institution;	108303

(b) Persons charged with crimes who are found incompetent to	108304
stand trial or not guilty by reason of insanity and who are also	108305
mentally retarded persons subject to institutionalization by court	108306
order.	108307

(4) Have control of all institutions maintained in part by	108308
the state for the care, treatment, and training of the mentally	108309
retarded;	108310

(5) Administer the laws relative to persons in such	108311
institutions in an efficient, economical, and humane manner;	108312

(6) Ascertain by actual examinations and inquiry whether	108313
institutionalizations are made according to law.	108314

(B) The department may do any of the following:

108315

(1) Subject to section 5139.08 of the Revised Code, receive	108316
from the department of youth services for observation, diagnosis,	108317
care, habilitation, or placement any children in the custody of	108318
the department of youth services;	108319

(2) Receive for observation any minor from a public	108320
institution other than an institution under the jurisdiction of	108321
the department of developmental disabilities, from a private	108322
charitable institution, or from a person having legal custody of	108323
such a minor, upon such terms as are proper;	108324

(3) Receive from the department of ~~mental health~~mental	108325
health and addiction services any patient in the custody of the	108326
department who is transferred to the department of developmental	108327
disabilities upon such terms and conditions as may be agreed upon	108328
by the two departments.	108329

(C) In addition to the powers and duties expressly conferred	108330
by this section, the department may take any other action	108331
necessary for the full and efficient executive, administrative,	108332
and fiscal supervision of the state institutions described in this	108333
section.	108334

Sec. 5123.0412. (A) The department of developmental	108335
disabilities shall charge each county board of developmental	108336
disabilities an annual fee equal to one and one-quarter per cent	108337
of the total value of all medicaid paid claims for home and	108338
community-based services provided during the year to an individual	108339
eligible for services from the county board. However, the	108340
department shall not charge the fee for home and community-based	108341
services provided under the medicaid waiver component known as the	108342
transitions developmental disabilities waiver. No county board	108343
shall pass the cost of a fee charged to the county board under	108344
this section on to another provider of these services.	108345

(B) The fees collected under this section shall be deposited	108346
into the ODDD administration and oversight fund ~~and the ODJFS~~	108347
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	108348
created in the state treasury. ~~The portion of the fees to be~~	108349
~~deposited into the ODDD administration and oversight fund and the~~	108350
~~portion of the fees to be deposited into the ODJFS administration~~	108351
~~and oversight fund shall be the portion specified in an~~	108352
~~interagency agreement entered into under division (C) of this~~	108353
~~section.~~ The department ~~of developmental disabilities~~ shall use	108354
the money in the ODDD administration and oversight fund ~~and the~~	108355
~~department of job and family services shall use the money in the~~	108356
~~ODJFS administration and oversight fund~~ for both of the following	108357
purposes:	108358

(1) Medicaid administrative costs, including administrative	108359
and oversight costs of medicaid case management services and home	108360
and community-based services. The administrative and oversight	108361
costs of medicaid case management services and home and	108362
community-based services shall include costs for staff, systems,	108363
and other resources the ~~departments need~~department needs and	108364
~~dedicate~~dedicates solely to the following duties associated with	108365
the services:	108366

(a) Eligibility determinations;

108367

(b) Training;

108368

108369

(d) Claims processing;

108370

(e) Quality assurance oversight;

108371

(f) Other duties the ~~departments identify~~department	108372
identifies.	108373

(2) Providing technical support to county boards' local	108374
administrative authority under section 5126.055 of the Revised	108375
Code for the services.	108376

(C) ~~The departments of developmental disabilities and job and~~	108377
~~family services shall enter into an interagency agreement to do~~	108378
~~both of the following:~~	108379

~~(1) Specify which portion of the fees collected under this~~	108380
~~section is to be deposited into the ODDD administration and~~	108381
~~oversight fund and which portion is to be deposited into the ODJFS~~	108382
~~administration and oversight fund;~~	108383

~~(2) Provide for the departments to coordinate the staff whose~~	108384
~~costs are paid for with money in the ODDD administration and~~	108385
~~oversight fund and the ODJFS administration and oversight fund.~~	108386

~~(D)~~ The ~~departments~~department shall submit an annual report	108387
to the director of budget and management certifying how the	108388
~~departments~~department spent the money in the ODDD administration	108389
and oversight fund ~~and the ODJFS administration and oversight fund~~	108390
for the purposes specified in division (B) of this section.	108391

Sec. 5123.0417. (A) The director of developmental	108392
disabilities shall establish one or more programs for individuals	108393
under twenty-two years of age who have intensive behavioral needs,	108394
including such individuals with a primary diagnosis of autism	108395
spectrum disorder. The programs may include one or more medicaid	108396
waiver components that the director administers pursuant to	108397
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	108398
one or more of the following:	108399

(1) Establish models that incorporate elements common to	108400
effective intervention programs and evidence-based practices in	108401
services for children with intensive behavioral needs;	108402

(2) Design a template for individualized education plans and	108403
individual service plans that provide consistent intervention	108404
programs and evidence-based practices for the care and treatment	108405
of children with intensive behavioral needs;	108406

(3) Disseminate best practice guidelines for use by families	108407
of children with intensive behavioral needs and professionals	108408
working with such families;	108409

(4) Develop a transition planning model for effectively	108410
mainstreaming school-age children with intensive behavioral needs	108411
to their public school district;	108412

(5) Contribute to the field of early and effective	108413
identification and intervention programs for children with	108414
intensive behavioral needs by providing financial support for	108415
scholarly research and publication of clinical findings.	108416

(B) The director of developmental disabilities shall	108417
collaborate with the medicaid director ~~of job and family services~~	108418
and consult with the executive director of the Ohio center for	108419
autism and low incidence and university-based programs that	108420
specialize in services for individuals with developmental	108421
disabilities when establishing programs under this section.	108422

Sec. 5123.09. Subject to the rules of the department of	108423
developmental disabilities, each institution under the	108424
jurisdiction of the department shall be under the control of a	108425
managing officer to be known as a superintendent or by other	108426
appropriate title. The managing officer shall be appointed by the	108427
director of developmental disabilities and shall be in the	108428
unclassified service and serve at the pleasure of the director.	108429
Each managing officer shall be of good moral character and have	108430
skill, ability, and experience in the managing officer's	108431
profession. Appointment to the position of managing officer of an	108432
institution may be made from persons holding positions in the	108433
classified service in the department.	108434

The managing officer, under the director, shall have entire	108435
executive charge of the institution for which the managing officer	108436
is appointed, except as provided in section ~~5119.16~~5119.44 of the	108437
Revised Code. Subject to civil service rules and rules adopted by	108438
the department, the managing officer shall appoint the necessary	108439
employees, and the managing officer or the director may remove	108440
those employees for cause. A report of all appointments,	108441
resignations, and discharges shall be filed with the appropriate	108442
division at the close of each month.	108443

After conference with the managing officer of each	108444
institution, the director shall determine the number of employees	108445
to be appointed to the various institutions and clinics.	108446

Sec. 5123.171. As used in this section, "respite care" means	108447
appropriate, short-term, temporary care provided to a mentally	108448
retarded or developmentally disabled person to sustain the family	108449
structure or to meet planned or emergency needs of the family.	108450

The department of developmental disabilities shall provide	108451
respite care services to persons with mental retardation or a	108452
developmental disability for the purpose of promoting	108453
self-sufficiency and normalization, preventing or reducing	108454
inappropriate institutional care, and furthering the unity of the	108455
family by enabling the family to meet the special needs of a	108456
mentally retarded or developmentally disabled person.	108457

In order to be eligible for respite care services under this	108458
section, the mentally retarded or developmentally disabled person	108459
must be in need of habilitation services as defined in section	108460
5126.01 of the Revised Code.	108461

Respite care may be provided in a residential facility	108462
licensed under section 5123.19 of the Revised Code (, including a	108463
residential facility certified as an ~~intermediate care facility~~	108464
~~for the mentally retarded under Title XIX of the "Social Security~~	108465
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	108466
ICF/IID, and a respite care home certified under section 5126.05	108467
of the Revised Code.	108468

The department shall develop a system for locating vacant	108469
beds that are available for respite care and for making	108470
information on vacant beds available to users of respite care	108471
services. ~~Facilities certified as intermediate care facilities for~~	108472
~~the mentally retarded~~ICFs/IID shall report vacant beds to the	108473
department but shall not be required to accept respite care	108474
clients.	108475

The director of developmental disabilities shall adopt, and	108476
may amend or rescind, rules in accordance with Chapter 119. of the	108477
Revised Code for both of the following:	108478

(A) Certification by county boards of developmental	108479
disabilities of respite care homes;	108480

(B) Provision of respite care services authorized by this	108481
section. Rules adopted under this division shall establish all of	108482
the following:	108483

(1) A formula for distributing funds appropriated for respite	108484
care services;	108485

(2) Standards for supervision, training and quality control	108486
in the provision of respite care services;	108487

(3) Eligibility criteria for emergency respite care services.

108488

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	108489
the Revised Code:	108490

(1) "Independent living arrangement" means an arrangement in	108491
which a mentally retarded or developmentally disabled person	108492
resides in an individualized setting chosen by the person or the	108493
person's guardian, which is not dedicated principally to the	108494
provision of residential services for mentally retarded or	108495
developmentally disabled persons, and for which no financial	108496
support is received for rendering such service from any	108497
governmental agency by a provider of residential services.	108498

(2) ~~"Intermediate care facility for the mentally retarded"~~	108499
~~has the same meaning as in section 1905(d) of the "Social Security~~	108500
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	108501

~~(3)~~ "Licensee" means the person or government agency that has	108502
applied for a license to operate a residential facility and to	108503
which the license was issued under this section.	108504

~~(4)~~(3) "Political subdivision" means a municipal corporation,	108505
county, or township.	108506

~~(5)~~(4) "Related party" has the same meaning as in section	108507
5123.16 of the Revised Code except that "provider" as used in the	108508
definition of "related party" means a person or government entity	108509
that held or applied for a license to operate a residential	108510
facility, rather than a person or government entity certified to	108511
provide supported living.	108512

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	108513
section, "residential facility" means a home or facility,	108514
including ~~a facility certified as an intermediate care facility~~	108515
~~for the mentally retarded~~an ICF/IID, in which an individual with	108516
mental retardation or a developmental disability resides.	108517

(b) "Residential facility" does not mean any of the	108518
following:	108519

(i) The home of a relative or legal guardian in which an	108520
individual with mental retardation or a developmental disability	108521
resides;	108522

(ii) A respite care home certified under section 5126.05 of	108523
the Revised Code;	108524

(iii) A county home or district home operated pursuant to	108525
Chapter 5155. of the Revised Code;	108526

(iv) A dwelling in which the only residents with mental	108527
retardation or developmental disabilities are in independent	108528
living arrangements or are being provided supported living.	108529

(B) Every person or government agency desiring to operate a	108530
residential facility shall apply for licensure of the facility to	108531
the director of developmental disabilities unless the residential	108532
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	108533
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	108534
Code.	108535

(C) Subject to section 5123.196 of the Revised Code, the	108536
director of developmental disabilities shall license the operation	108537
of residential facilities. An initial license shall be issued for	108538
a period that does not exceed one year, unless the director denies	108539
the license under division (D) of this section. A license shall be	108540
renewed for a period that does not exceed three years, unless the	108541
director refuses to renew the license under division (D) of this	108542
section. The director, when issuing or renewing a license, shall	108543
specify the period for which the license is being issued or	108544
renewed. A license remains valid for the length of the licensing	108545
period specified by the director, unless the license is	108546
terminated, revoked, or voluntarily surrendered.	108547

(D) If it is determined that an applicant or licensee is not	108548
in compliance with a provision of this chapter that applies to	108549
residential facilities or the rules adopted under such a	108550
provision, the director may deny issuance of a license, refuse to	108551
renew a license, terminate a license, revoke a license, issue an	108552
order for the suspension of admissions to a facility, issue an	108553
order for the placement of a monitor at a facility, issue an order	108554
for the immediate removal of residents, or take any other action	108555
the director considers necessary consistent with the director's	108556
authority under this chapter regarding residential facilities. In	108557
the director's selection and administration of the sanction to be	108558
imposed, all of the following apply:	108559

(1) The director may deny, refuse to renew, or revoke a	108560
license, if the director determines that the applicant or licensee	108561
has demonstrated a pattern of serious noncompliance or that a	108562
violation creates a substantial risk to the health and safety of	108563
residents of a residential facility.	108564

(2) The director may terminate a license if more than twelve	108565
consecutive months have elapsed since the residential facility was	108566
last occupied by a resident or a notice required by division (K)	108567
of this section is not given.	108568

(3) The director may issue an order for the suspension of	108569
admissions to a facility for any violation that may result in	108570
sanctions under division (D)(1) of this section and for any other	108571
violation specified in rules adopted under division (H)(2) of this	108572
section. If the suspension of admissions is imposed for a	108573
violation that may result in sanctions under division (D)(1) of	108574
this section, the director may impose the suspension before	108575
providing an opportunity for an adjudication under Chapter 119. of	108576
the Revised Code. The director shall lift an order for the	108577
suspension of admissions when the director determines that the	108578
violation that formed the basis for the order has been corrected.	108579

(4) The director may order the placement of a monitor at a	108580
residential facility for any violation specified in rules adopted	108581
under division (H)(2) of this section. The director shall lift the	108582
order when the director determines that the violation that formed	108583
the basis for the order has been corrected.	108584

(5) If the director determines that two or more residential	108585
facilities owned or operated by the same person or government	108586
entity are not being operated in compliance with a provision of	108587
this chapter that applies to residential facilities or the rules	108588
adopted under such a provision, and the director's findings are	108589
based on the same or a substantially similar action, practice,	108590
circumstance, or incident that creates a substantial risk to the	108591
health and safety of the residents, the director shall conduct a	108592
survey as soon as practicable at each residential facility owned	108593
or operated by that person or government entity. The director may	108594
take any action authorized by this section with respect to any	108595
facility found to be operating in violation of a provision of this	108596
chapter that applies to residential facilities or the rules	108597
adopted under such a provision.	108598

(6) When the director initiates license revocation	108599
proceedings, no opportunity for submitting a plan of correction	108600
shall be given. The director shall notify the licensee by letter	108601
of the initiation of the proceedings. The letter shall list the	108602
deficiencies of the residential facility and inform the licensee	108603
that no plan of correction will be accepted. The director shall	108604
also send a copy of the letter to the county board of	108605
developmental disabilities. The county board shall send a copy of	108606
the letter to each of the following:	108607

(a) Each resident who receives services from the licensee;

108608

(b) The guardian of each resident who receives services from	108609
the licensee if the resident has a guardian;	108610

(c) The parent or guardian of each resident who receives	108611
services from the licensee if the resident is a minor.	108612

(7) Pursuant to rules which shall be adopted in accordance	108613
with Chapter 119. of the Revised Code, the director may order the	108614
immediate removal of residents from a residential facility	108615
whenever conditions at the facility present an immediate danger of	108616
physical or psychological harm to the residents.	108617

(8) In determining whether a residential facility is being	108618
operated in compliance with a provision of this chapter that	108619
applies to residential facilities or the rules adopted under such	108620
a provision, or whether conditions at a residential facility	108621
present an immediate danger of physical or psychological harm to	108622
the residents, the director may rely on information obtained by a	108623
county board of developmental disabilities or other governmental	108624
agencies.	108625

(9) In proceedings initiated to deny, refuse to renew, or	108626
revoke licenses, the director may deny, refuse to renew, or revoke	108627
a license regardless of whether some or all of the deficiencies	108628
that prompted the proceedings have been corrected at the time of	108629
the hearing.	108630

(E) The director shall establish a program under which public	108631
notification may be made when the director has initiated license	108632
revocation proceedings or has issued an order for the suspension	108633
of admissions, placement of a monitor, or removal of residents.	108634
The director shall adopt rules in accordance with Chapter 119. of	108635
the Revised Code to implement this division. The rules shall	108636
establish the procedures by which the public notification will be	108637
made and specify the circumstances for which the notification must	108638
be made. The rules shall require that public notification be made	108639
if the director has taken action against the facility in the	108640
eighteen-month period immediately preceding the director's latest	108641
action against the facility and the latest action is being taken	108642
for the same or a substantially similar violation of a provision	108643
of this chapter that applies to residential facilities or the	108644
rules adopted under such a provision. The rules shall specify a	108645
method for removing or amending the public notification if the	108646
director's action is found to have been unjustified or the	108647
violation at the residential facility has been corrected.	108648

(F)(1) Except as provided in division (F)(2) of this section,	108649
appeals from proceedings initiated to impose a sanction under	108650
division (D) of this section shall be conducted in accordance with	108651
Chapter 119. of the Revised Code.	108652

(2) Appeals from proceedings initiated to order the	108653
suspension of admissions to a facility shall be conducted in	108654
accordance with Chapter 119. of the Revised Code, unless the order	108655
was issued before providing an opportunity for an adjudication, in	108656
which case all of the following apply:	108657

(a) The licensee may request a hearing not later than ten	108658
days after receiving the notice specified in section 119.07 of the	108659
Revised Code.	108660

(b) If a timely request for a hearing that includes the	108661
licensee's current address is made, the hearing shall commence not	108662
later than thirty days after the department receives the request.	108663

(c) After commencing, the hearing shall continue	108664
uninterrupted, except for Saturdays, Sundays, and legal holidays,	108665
unless other interruptions are agreed to by the licensee and the	108666
director.	108667

(d) If the hearing is conducted by a hearing examiner, the	108668
hearing examiner shall file a report and recommendations not later	108669
than ten days after the last of the following:	108670

(i) The close of the hearing;

108671

(ii) If a transcript of the proceedings is ordered, the	108672
hearing examiner receives the transcript;	108673

(iii) If post-hearing briefs are timely filed, the hearing	108674
examiner receives the briefs.	108675

(e) A copy of the written report and recommendation of the	108676
hearing examiner shall be sent, by certified mail, to the licensee	108677
and the licensee's attorney, if applicable, not later than five	108678
days after the report is filed.	108679

(f) Not later than five days after the hearing examiner files	108680
the report and recommendations, the licensee may file objections	108681
to the report and recommendations.	108682

(g) Not later than fifteen days after the hearing examiner	108683
files the report and recommendations, the director shall issue an	108684
order approving, modifying, or disapproving the report and	108685
recommendations.	108686

(h) Notwithstanding the pendency of the hearing, the director	108687
shall lift the order for the suspension of admissions when the	108688
director determines that the violation that formed the basis for	108689
the order has been corrected.	108690

(G) Neither a person or government agency whose application	108691
for a license to operate a residential facility is denied nor a	108692
related party of the person or government agency may apply for a	108693
license to operate a residential facility before the date that is	108694
one year after the date of the denial. Neither a licensee whose	108695
residential facility license is revoked nor a related party of the	108696
licensee may apply for a residential facility license before the	108697
date that is five years after the date of the revocation.	108698

(H) In accordance with Chapter 119. of the Revised Code, the	108699
director shall adopt and may amend and rescind rules for licensing	108700
and regulating the operation of residential facilities. The rules	108701
for residential facilities that are ~~intermediate care facilities~~	108702
~~for the mentally retarded~~ICFs/IID may differ from those for other	108703
residential facilities. The rules shall establish and specify the	108704
following:	108705

(1) Procedures and criteria for issuing and renewing	108706
licenses, including procedures and criteria for determining the	108707
length of the licensing period that the director must specify for	108708
each license when it is issued or renewed;	108709

(2) Procedures and criteria for denying, refusing to renew,	108710
terminating, and revoking licenses and for ordering the suspension	108711
of admissions to a facility, placement of a monitor at a facility,	108712
and the immediate removal of residents from a facility;	108713

(3) Fees for issuing and renewing licenses, which shall be	108714
deposited into the program fee fund created under section 5123.033	108715
of the Revised Code;	108716

(4) Procedures for surveying residential facilities;

108717

(5) Requirements for the training of residential facility	108718
personnel;	108719

(6) Classifications for the various types of residential	108720
facilities;	108721

(7) Certification procedures for licensees and management	108722
contractors that the director determines are necessary to ensure	108723
that they have the skills and qualifications to properly operate	108724
or manage residential facilities;	108725

(8) The maximum number of persons who may be served in a	108726
particular type of residential facility;	108727

(9) Uniform procedures for admission of persons to and	108728
transfers and discharges of persons from residential facilities;	108729

(10) Other standards for the operation of residential	108730
facilities and the services provided at residential facilities;	108731

(11) Procedures for waiving any provision of any rule adopted	108732
under this section.	108733

(I) Before issuing a license, the director of the department	108734
or the director's designee shall conduct a survey of the	108735
residential facility for which application is made. The director	108736
or the director's designee shall conduct a survey of each licensed	108737
residential facility at least once during the period the license	108738
is valid and may conduct additional inspections as needed. A	108739
survey includes but is not limited to an on-site examination and	108740
evaluation of the residential facility, its personnel, and the	108741
services provided there.	108742

In conducting surveys, the director or the director's	108743
designee shall be given access to the residential facility; all	108744
records, accounts, and any other documents related to the	108745
operation of the facility; the licensee; the residents of the	108746
facility; and all persons acting on behalf of, under the control	108747
of, or in connection with the licensee. The licensee and all	108748
persons on behalf of, under the control of, or in connection with	108749
the licensee shall cooperate with the director or the director's	108750
designee in conducting the survey.	108751

Following each survey, unless the director initiates a	108752
license revocation proceeding, the director or the director's	108753
designee shall provide the licensee with a report listing any	108754
deficiencies, specifying a timetable within which the licensee	108755
shall submit a plan of correction describing how the deficiencies	108756
will be corrected, and, when appropriate, specifying a timetable	108757
within which the licensee must correct the deficiencies. After a	108758
plan of correction is submitted, the director or the director's	108759
designee shall approve or disapprove the plan. A copy of the	108760
report and any approved plan of correction shall be provided to	108761
any person who requests it.	108762

The director shall initiate disciplinary action against any	108763
department employee who notifies or causes the notification to any	108764
unauthorized person of an unannounced survey of a residential	108765
facility by an authorized representative of the department.	108766

(J) In addition to any other information which may be	108767
required of applicants for a license pursuant to this section, the	108768
director shall require each applicant to provide a copy of an	108769
approved plan for a proposed residential facility pursuant to	108770
section 5123.042 of the Revised Code. This division does not apply	108771
to renewal of a license or to an applicant for an initial or	108772
modified license who meets the requirements of section 5123.197 of	108773
the Revised Code.	108774

(K) A licensee shall notify the owner of the building in	108775
which the licensee's residential facility is located of any	108776
significant change in the identity of the licensee or management	108777
contractor before the effective date of the change if the licensee	108778
is not the owner of the building.	108779

Pursuant to rules which shall be adopted in accordance with	108780
Chapter 119. of the Revised Code, the director may require	108781
notification to the department of any significant change in the	108782
ownership of a residential facility or in the identity of the	108783
licensee or management contractor. If the director determines that	108784
a significant change of ownership is proposed, the director shall	108785
consider the proposed change to be an application for development	108786
by a new operator pursuant to section 5123.042 of the Revised Code	108787
and shall advise the applicant within sixty days of the	108788
notification that the current license shall continue in effect or	108789
a new license will be required pursuant to this section. If the	108790
director requires a new license, the director shall permit the	108791
facility to continue to operate under the current license until	108792
the new license is issued, unless the current license is revoked,	108793
refused to be renewed, or terminated in accordance with Chapter	108794
119. of the Revised Code.	108795

(L) A county board of developmental disabilities and any	108796
interested person may file complaints alleging violations of	108797
statute or department rule relating to residential facilities with	108798
the department. All complaints shall be in writing and shall state	108799
the facts constituting the basis of the allegation. The department	108800
shall not reveal the source of any complaint unless the	108801
complainant agrees in writing to waive the right to	108802
confidentiality or until so ordered by a court of competent	108803
jurisdiction.	108804

The department shall adopt rules in accordance with Chapter	108805
119. of the Revised Code establishing procedures for the receipt,	108806
referral, investigation, and disposition of complaints filed with	108807
the department under this division.	108808

(M) The department shall establish procedures for the	108809
notification of interested parties of the transfer or interim care	108810
of residents from residential facilities that are closing or are	108811
losing their license.	108812

(N) Before issuing a license under this section to a	108813
residential facility that will accommodate at any time more than	108814
one mentally retarded or developmentally disabled individual, the	108815
director shall, by first class mail, notify the following:	108816

(1) If the facility will be located in a municipal	108817
corporation, the clerk of the legislative authority of the	108818
municipal corporation;	108819

(2) If the facility will be located in unincorporated	108820
territory, the clerk of the appropriate board of county	108821
commissioners and the fiscal officer of the appropriate board of	108822
township trustees.	108823

The director shall not issue the license for ten days after	108824
mailing the notice, excluding Saturdays, Sundays, and legal	108825
holidays, in order to give the notified local officials time in	108826
which to comment on the proposed issuance.	108827

Any legislative authority of a municipal corporation, board	108828
of county commissioners, or board of township trustees that	108829
receives notice under this division of the proposed issuance of a	108830
license for a residential facility may comment on it in writing to	108831
the director within ten days after the director mailed the notice,	108832
excluding Saturdays, Sundays, and legal holidays. If the director	108833
receives written comments from any notified officials within the	108834
specified time, the director shall make written findings	108835
concerning the comments and the director's decision on the	108836
issuance of the license. If the director does not receive written	108837
comments from any notified local officials within the specified	108838
time, the director shall continue the process for issuance of the	108839
license.	108840

(O) Any person may operate a licensed residential facility	108841
that provides room and board, personal care, habilitation	108842
services, and supervision in a family setting for at least six but	108843
not more than eight persons with mental retardation or a	108844
developmental disability as a permitted use in any residential	108845
district or zone, including any single-family residential district	108846
or zone, of any political subdivision. These residential	108847
facilities may be required to comply with area, height, yard, and	108848
architectural compatibility requirements that are uniformly	108849
imposed upon all single-family residences within the district or	108850
zone.	108851

(P) Any person may operate a licensed residential facility	108852
that provides room and board, personal care, habilitation	108853
services, and supervision in a family setting for at least nine	108854
but not more than sixteen persons with mental retardation or a	108855
developmental disability as a permitted use in any multiple-family	108856
residential district or zone of any political subdivision, except	108857
that a political subdivision that has enacted a zoning ordinance	108858
or resolution establishing planned unit development districts may	108859
exclude these residential facilities from those districts, and a	108860
political subdivision that has enacted a zoning ordinance or	108861
resolution may regulate these residential facilities in	108862
multiple-family residential districts or zones as a conditionally	108863
permitted use or special exception, in either case, under	108864
reasonable and specific standards and conditions set out in the	108865
zoning ordinance or resolution to:	108866

(1) Require the architectural design and site layout of the	108867
residential facility and the location, nature, and height of any	108868
walls, screens, and fences to be compatible with adjoining land	108869
uses and the residential character of the neighborhood;	108870

(2) Require compliance with yard, parking, and sign	108871
regulation;	108872

(3) Limit excessive concentration of these residential	108873
facilities.	108874

(Q) This section does not prohibit a political subdivision	108875
from applying to residential facilities nondiscriminatory	108876
regulations requiring compliance with health, fire, and safety	108877
regulations and building standards and regulations.	108878

(R) Divisions (O) and (P) of this section are not applicable	108879
to municipal corporations that had in effect on June 15, 1977, an	108880
ordinance specifically permitting in residential zones licensed	108881
residential facilities by means of permitted uses, conditional	108882
uses, or special exception, so long as such ordinance remains in	108883
effect without any substantive modification.	108884

(S)(1) The director may issue an interim license to operate a	108885
residential facility to an applicant for a license under this	108886
section if either of the following is the case:	108887

(a) The director determines that an emergency exists	108888
requiring immediate placement of persons in a residential	108889
facility, that insufficient licensed beds are available, and that	108890
the residential facility is likely to receive a permanent license	108891
under this section within thirty days after issuance of the	108892
interim license.	108893

(b) The director determines that the issuance of an interim	108894
license is necessary to meet a temporary need for a residential	108895
facility.	108896

(2) To be eligible to receive an interim license, an	108897
applicant must meet the same criteria that must be met to receive	108898
a permanent license under this section, except for any differing	108899
procedures and time frames that may apply to issuance of a	108900
permanent license.	108901

(3) An interim license shall be valid for thirty days and may	108902
be renewed by the director for a period not to exceed one hundred	108903
fifty days.	108904

(4) The director shall adopt rules in accordance with Chapter	108905
119. of the Revised Code as the director considers necessary to	108906
administer the issuance of interim licenses.	108907

(T) Notwithstanding rules adopted pursuant to this section	108908
establishing the maximum number of persons who may be served in a	108909
particular type of residential facility, a residential facility	108910
shall be permitted to serve the same number of persons being	108911
served by the facility on the effective date of the rules or the	108912
number of persons for which the facility is authorized pursuant to	108913
a current application for a certificate of need with a letter of	108914
support from the department of developmental disabilities and	108915
which is in the review process prior to April 4, 1986.	108916

(U) The director or the director's designee may enter at any	108917
time, for purposes of investigation, any home, facility, or other	108918
structure that has been reported to the director or that the	108919
director has reasonable cause to believe is being operated as a	108920
residential facility without a license issued under this section.	108921

The director may petition the court of common pleas of the	108922
county in which an unlicensed residential facility is located for	108923
an order enjoining the person or governmental agency operating the	108924
facility from continuing to operate without a license. The court	108925
may grant the injunction on a showing that the person or	108926
governmental agency named in the petition is operating a	108927
residential facility without a license. The court may grant the	108928
injunction, regardless of whether the residential facility meets	108929
the requirements for receiving a license under this section.	108930

Sec. 5123.192. (A) A person or government agency operating,	108931
on ~~the effective date of this section~~September 10, 2012, an	108932
~~intermediate care facility for the mentally retarded~~ICF/IID	108933
pursuant to a nursing home license issued under Chapter 3721. of	108934
the Revised Code shall do both of the following as a condition of	108935
continuing to operate the ~~facility~~ICF/IID on and after July 1,	108936
2013:	108937

(1) Not later than February 1, 2013, apply to the director of	108938
developmental disabilities for a residential facility license	108939
under section 5123.19 of the Revised Code for the ~~facility~~	108940
ICF/IID;	108941

(2) Not later than July 1, 2013, obtain the residential	108942
facility license for the ~~facility~~ICF/IID.	108943

(B) The nursing home license of an ~~intermediate care facility~~	108944
~~for the mentally retarded~~ICF/IID shall cease to be valid at the	108945
earliest of the following:	108946

(1) The date that the ~~facility's~~ICF/IID's nursing home	108947
license is revoked or voided under section 3721.07 of the Revised	108948
Code;	108949

(2) The date that a residential facility license is obtained	108950
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	108951
Code;	108952

(3) July 1, 2013.

108953

(C) Except for existing nursing home beds not certified as	108954
~~intermediate care facility for the mentally retarded~~ICF/IID beds	108955
and relocated in accordance with a move authorized by a	108956
certificate of need under Chapter 3702. of the Revised Code, no	108957
bed that is part of an ~~intermediate care facility for the mentally~~	108958
~~retarded~~ICF/IID that is licensed as a nursing home on ~~the~~	108959
~~effective date of this section~~September 10, 2012, may be used as	108960
part of a nursing home on and after the earlier of the following:	108961

(1) The date that a residential facility license is obtained	108962
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	108963
Code;	108964

(2) July 1, 2013.

108965

Sec. 5123.197. Neither an applicant for an initial	108966
residential facility license under section 5123.19 of the Revised	108967
Code nor an applicant for a modification of an existing	108968
residential facility license under that section is required to	108969
obtain approval of a plan for the proposed new residential	108970
facility or modification to the existing residential facility	108971
pursuant to section 5123.042 of the Revised Code if all of the	108972
following apply:	108973

(A) The new residential facility or modification to the	108974
existing residential facility is to serve individuals who have	108975
diagnoses or special care needs for which a medicaid ~~reimbursement~~	108976
payment rate is set pursuant to section ~~5111.258~~5124.152 of the	108977
Revised Code;	108978

(B) The ~~directors of job and family services~~medicaid	108979
director and director of developmental disabilities determine that	108980
there is a need under the medicaid program for the proposed new	108981
residential facility or modification to the existing residential	108982
facility and that approving the application for the initial	108983
residential facility license or modification to the existing	108984
residential facility license is fiscally prudent for the medicaid	108985
program;	108986

(C) The director of budget and management notifies the	108987
~~directors of job and family services~~medicaid director and	108988
director of developmental disabilities that the director of budget	108989
and management agrees with the directors' determination under	108990
division (B) of this section.	108991

Sec. 5123.198. (A) As used in this section, "date of the	108992
commitment" means the date that an individual specified in	108993
division (B) of this section begins to reside in a state-operated	108994
~~intermediate care facility for the mentally retarded~~ICF/IID after	108995
being committed to the ~~facility~~ICF/IID pursuant to sections	108996
5123.71 to 5123.76 of the Revised Code.	108997

(B) Except as provided in division (C) of this section,	108998
whenever a resident of a residential facility is committed to a	108999
state-operated ~~intermediate care facility for the mentally~~	109000
~~retarded~~ICF/IID pursuant to sections 5123.71 to 5123.76 of the	109001
Revised Code, the department of developmental disabilities,	109002
pursuant to an adjudication order issued in accordance with	109003
Chapter 119. of the Revised Code, shall reduce by one the number	109004
of residents for which the residential facility in which the	109005
resident resided is licensed.	109006

(C) The department shall not reduce under division (B) of	109007
this section the number of residents for which a residential	109008
facility is licensed if any of the following are the case:	109009

(1) The resident of the residential facility who is committed	109010
to a state-operated ~~intermediate care facility for the mentally~~	109011
~~retarded~~ICF/IID resided in the residential facility because of	109012
the closure, on or after June 26, 2003, of another state-operated	109013
~~intermediate care facility for the mentally retarded~~ICF/IID;	109014

(2) The residential facility admits within ninety days of the	109015
date of the commitment an individual who resides on the date of	109016
the commitment in a state-operated ~~intermediate care facility for~~	109017
~~the mentally retarded~~ICF/IID or another residential facility;	109018

(3) The department fails to do either of the following within	109019
ninety days of the date of the commitment:	109020

(a) Identify an individual to whom all of the following	109021
applies:	109022

(i) Resides on the date of the commitment in a state-operated	109023
~~intermediate care facility for the mentally retarded~~ICF/IID or	109024
another residential facility;	109025

(ii) Has indicated to the department an interest in	109026
relocating to the residential facility or has a parent or guardian	109027
who has indicated to the department an interest for the individual	109028
to relocate to the residential facility;	109029

(iii) The department determines the individual has needs that	109030
the residential facility can meet.	109031

(b) Provide the residential facility with information about	109032
the individual identified under division (C)(2)(a) of this section	109033
that the residential facility needs in order to determine whether	109034
the facility can meet the individual's needs.	109035

(4) If the department completes the actions specified in	109036
divisions (C)(3)(a) and (b) of this section not later than ninety	109037
days after the date of the commitment and except as provided in	109038
division (D) of this section, the residential facility does all of	109039
the following not later than ninety days after the date of the	109040
commitment:	109041

(a) Evaluates the information provided by the department;

109042

(b) Assesses the identified individual's needs;

109043

(c) Determines that the residential facility cannot meet the	109044
identified individual's needs.	109045

(5) If the department completes the actions specified in	109046
divisions (C)(3)(a) and (b) of this section not later than ninety	109047
days after the date of the commitment and the residential facility	109048
determines that the residential facility can meet the identified	109049
individual's needs, the individual, or a parent or guardian of the	109050
individual, refuses placement in the residential facility.	109051

(D) The department may reduce under division (B) of this	109052
section the number of residents for which a residential facility	109053
is licensed even though the residential facility completes the	109054
actions specified in division (C)(4) of this section not later	109055
than ninety days after the date of the commitment if all of the	109056
following are the case:	109057

(1) The department disagrees with the residential facility's	109058
determination that the residential facility cannot meet the	109059
identified individual's needs.	109060

(2) The department issues a written decision pursuant to the	109061
uniform procedures for admissions, transfers, and discharges	109062
established by rules adopted under division (H)(9) of section	109063
5123.19 of the Revised Code that the residential facility should	109064
admit the identified individual.	109065

(3) After the department issues the written decision	109066
specified in division (D)(2) of this section, the residential	109067
facility refuses to admit the identified individual.	109068

(E) A residential facility that admits, refuses to admit,	109069
transfers, or discharges a resident under this section shall	109070
comply with the uniform procedures for admissions, transfers, and	109071
discharges established by rules adopted under division (H)(9) of	109072
section 5123.19 of the Revised Code.	109073

~~(F) The department of developmental disabilities may notify~~	109074
~~the department of job and family services of any reduction under~~	109075
~~this section in the number of residents for which a residential~~	109076
~~facility that is an intermediate care facility for the mentally~~	109077
~~retarded is licensed. On receiving the notice, the department of~~	109078
~~job and family services may transfer to the department of~~	109079
~~developmental disabilities the savings in the nonfederal share of~~	109080
~~medicaid expenditures for each fiscal year after the year of the~~	109081
~~commitment to be used for costs of the resident's care in the~~	109082
~~state-operated intermediate care facility for the mentally~~	109083
~~retarded. In determining the amount saved, the department of job~~	109084
~~and family services shall consider medicaid payments for the~~	109085
~~remaining residents of the facility in which the resident resided.~~	109086

Sec. 5123.38. (A) Except as provided in division (B) of this	109087
section, if an individual receiving supported living or home and	109088
community-based services funded by a county board of developmental	109089
disabilities is committed to a state-operated ~~intermediate care~~	109090
~~facility for the mentally retarded~~ICF/IID pursuant to sections	109091
5123.71 to 5123.76 of the Revised Code, the county board is	109092
responsible for the nonfederal share of medicaid expenditures for	109093
the individual's care in the state-operated ~~facility~~ICF/IID. The	109094
department of developmental disabilities shall collect the amount	109095
of the nonfederal share from the county board by either	109096
withholding that amount from funds the department has otherwise	109097
allocated to the county board or submitting an invoice for payment	109098
of that amount to the county board.	109099

(B) Division (A) of this section does not apply under any of	109100
the following circumstances:	109101

(1) The county board, not later than ninety days after the	109102
date of the commitment of a person receiving supported living,	109103
commences funding of supported living for an individual who	109104
resides in a state-operated ~~intermediate care facility for the~~	109105
~~mentally retarded~~ICF/IID on the date of the commitment or another	109106
eligible individual designated by the department.	109107

(2) The county board, not later than ninety days after the	109108
date of the commitment of a person receiving home and	109109
community-based services, commences funding of home and	109110
community-based services for an individual who resides in a	109111
state-operated ~~intermediate care facility for the mentally~~	109112
~~retarded~~ICF/IID on the date of the commitment or another eligible	109113
individual designated by the department.	109114

(3) The director of developmental disabilities, after	109115
determining that circumstances warrant granting a waiver in an	109116
individual's case, grants the county board a waiver that exempts	109117
the county board from responsibility for the nonfederal share for	109118
that case.	109119

Sec. 5123.61. (A) As used in this section:

109120

(1) "Law enforcement agency" means the state highway patrol,	109121
the police department of a municipal corporation, or a county	109122
sheriff.	109123

(2) "Abuse" has the same meaning as in section 5123.50 of the	109124
Revised Code, except that it includes a misappropriation, as	109125
defined in that section.	109126

(3) "Neglect" has the same meaning as in section 5123.50 of	109127
the Revised Code.	109128

(B) The department of developmental disabilities shall	109129
establish a registry office for the purpose of maintaining reports	109130
of abuse, neglect, and other major unusual incidents made to the	109131
department under this section and reports received from county	109132
boards of developmental disabilities under section 5126.31 of the	109133
Revised Code. The department shall establish committees to review	109134
reports of abuse, neglect, and other major unusual incidents.	109135

(C)(1) Any person listed in division (C)(2) of this section,	109136
having reason to believe that a person with mental retardation or	109137
a developmental disability has suffered or faces a substantial	109138
risk of suffering any wound, injury, disability, or condition of	109139
such a nature as to reasonably indicate abuse or neglect of that	109140
person, shall immediately report or cause reports to be made of	109141
such information to the entity specified in this division. Except	109142
as provided in section 5120.173 of the Revised Code or as	109143
otherwise provided in this division, the person making the report	109144
shall make it to a law enforcement agency or to the county board	109145
of developmental disabilities. If the report concerns a resident	109146
of a facility operated by the department of developmental	109147
disabilities the report shall be made either to a law enforcement	109148
agency or to the department. If the report concerns any act or	109149
omission of an employee of a county board of developmental	109150
disabilities, the report immediately shall be made to the	109151
department and to the county board.	109152

(2) All of the following persons are required to make a	109153
report under division (C)(1) of this section:	109154

(a) Any physician, including a hospital intern or resident,	109155
any dentist, podiatrist, chiropractor, practitioner of a limited	109156
branch of medicine as specified in section 4731.15 of the Revised	109157
Code, hospital administrator or employee of a hospital, nurse	109158
licensed under Chapter 4723. of the Revised Code, employee of an	109159
ambulatory health facility as defined in section 5101.61 of the	109160
Revised Code, employee of a home health agency, employee of a	109161
residential facility licensed under section ~~5119.22~~5119.34 of the	109162
Revised Code that provides accommodations, supervision, and person	109163
care services for three to sixteen unrelated adults, or employee	109164
of a community mental health facility;	109165

(b) Any school teacher or school authority, social worker,	109166
psychologist, attorney, peace officer, coroner, or residents'	109167
rights advocate as defined in section 3721.10 of the Revised Code;	109168

(c) A superintendent, board member, or employee of a county	109169
board of developmental disabilities; an administrator, board	109170
member, or employee of a residential facility licensed under	109171
section 5123.19 of the Revised Code; an administrator, board	109172
member, or employee of any other public or private provider of	109173
services to a person with mental retardation or a developmental	109174
disability, or any MR/DD employee, as defined in section 5123.50	109175
of the Revised Code;	109176

(d) A member of a citizen's advisory council established at	109177
an institution or branch institution of the department of	109178
developmental disabilities under section 5123.092 of the Revised	109179
Code;	109180

(e) A member of the clergy who is employed in a position that	109181
includes providing specialized services to an individual with	109182
mental retardation or another developmental disability, while	109183
acting in an official or professional capacity in that position,	109184
or a person who is employed in a position that includes providing	109185
specialized services to an individual with mental retardation or	109186
another developmental disability and who, while acting in an	109187
official or professional capacity, renders spiritual treatment	109188
through prayer in accordance with the tenets of an organized	109189
religion.	109190

(3)(a) The reporting requirements of this division do not	109191
apply to employees of the Ohio protection and advocacy system.	109192

(b) An attorney or physician is not required to make a report	109193
pursuant to division (C)(1) of this section concerning any	109194
communication the attorney or physician receives from a client or	109195
patient in an attorney-client or physician-patient relationship,	109196
if, in accordance with division (A) or (B) of section 2317.02 of	109197
the Revised Code, the attorney or physician could not testify with	109198
respect to that communication in a civil or criminal proceeding,	109199
except that the client or patient is deemed to have waived any	109200
testimonial privilege under division (A) or (B) of section 2317.02	109201
of the Revised Code with respect to that communication and the	109202
attorney or physician shall make a report pursuant to division	109203
(C)(1) of this section, if both of the following apply:	109204

(i) The client or patient, at the time of the communication,	109205
is a person with mental retardation or a developmental disability.	109206

(ii) The attorney or physician knows or suspects, as a result	109207
of the communication or any observations made during that	109208
communication, that the client or patient has suffered or faces a	109209
substantial risk of suffering any wound, injury, disability, or	109210
condition of a nature that reasonably indicates abuse or neglect	109211
of the client or patient.	109212

(4) Any person who fails to make a report required under	109213
division (C) of this section and who is an MR/DD employee, as	109214
defined in section 5123.50 of the Revised Code, shall be eligible	109215
to be included in the registry regarding misappropriation, abuse,	109216
neglect, or other specified misconduct by MR/DD employees	109217
established under section 5123.52 of the Revised Code.	109218

(D) The reports required under division (C) of this section	109219
shall be made forthwith by telephone or in person and shall be	109220
followed by a written report. The reports shall contain the	109221
following:	109222

(1) The names and addresses of the person with mental	109223
retardation or a developmental disability and the person's	109224
custodian, if known;	109225

(2) The age of the person with mental retardation or a	109226
developmental disability;	109227

(3) Any other information that would assist in the	109228
investigation of the report.	109229

(E) When a physician performing services as a member of the	109230
staff of a hospital or similar institution has reason to believe	109231
that a person with mental retardation or a developmental	109232
disability has suffered injury, abuse, or physical neglect, the	109233
physician shall notify the person in charge of the institution or	109234
that person's designated delegate, who shall make the necessary	109235
reports.	109236

(F) Any person having reasonable cause to believe that a	109237
person with mental retardation or a developmental disability has	109238
suffered or faces a substantial risk of suffering abuse or neglect	109239
may report or cause a report to be made of that belief to the	109240
entity specified in this division. Except as provided in section	109241
5120.173 of the Revised Code or as otherwise provided in this	109242
division, the person making the report shall make it to a law	109243
enforcement agency or the county board of developmental	109244
disabilities. If the person is a resident of a facility operated	109245
by the department of developmental disabilities, the report shall	109246
be made to a law enforcement agency or to the department. If the	109247
report concerns any act or omission of an employee of a county	109248
board of developmental disabilities, the report immediately shall	109249
be made to the department and to the county board.	109250

(G)(1) Upon the receipt of a report concerning the possible	109251
abuse or neglect of a person with mental retardation or a	109252
developmental disability, the law enforcement agency shall inform	109253
the county board of developmental disabilities or, if the person	109254
is a resident of a facility operated by the department of	109255
developmental disabilities, the director of the department or the	109256
director's designee.	109257

(2) On receipt of a report under this section that includes	109258
an allegation of action or inaction that may constitute a crime	109259
under federal law or the law of this state, the department of	109260
developmental disabilities shall notify the law enforcement	109261
agency.	109262

(3) When a county board of developmental disabilities	109263
receives a report under this section that includes an allegation	109264
of action or inaction that may constitute a crime under federal	109265
law or the law of this state, the superintendent of the board or	109266
an individual the superintendent designates under division (H) of	109267
this section shall notify the law enforcement agency. The	109268
superintendent or individual shall notify the department of	109269
developmental disabilities when it receives any report under this	109270
section.	109271

(4) When a county board of developmental disabilities	109272
receives a report under this section and believes that the degree	109273
of risk to the person is such that the report is an emergency, the	109274
superintendent of the board or an employee of the board the	109275
superintendent designates shall attempt a face-to-face contact	109276
with the person with mental retardation or a developmental	109277
disability who allegedly is the victim within one hour of the	109278
board's receipt of the report.	109279

(H) The superintendent of the board may designate an	109280
individual to be responsible for notifying the law enforcement	109281
agency and the department when the county board receives a report	109282
under this section.	109283

(I) An adult with mental retardation or a developmental	109284
disability about whom a report is made may be removed from the	109285
adult's place of residence only by law enforcement officers who	109286
consider that the adult's immediate removal is essential to	109287
protect the adult from further injury or abuse or in accordance	109288
with the order of a court made pursuant to section 5126.33 of the	109289
Revised Code.	109290

(J) A law enforcement agency shall investigate each report of	109291
abuse or neglect it receives under this section. In addition, the	109292
department, in cooperation with law enforcement officials, shall	109293
investigate each report regarding a resident of a facility	109294
operated by the department to determine the circumstances	109295
surrounding the injury, the cause of the injury, and the person	109296
responsible. The investigation shall be in accordance with the	109297
memorandum of understanding prepared under section 5126.058 of the	109298
Revised Code. The department shall determine, with the registry	109299
office which shall be maintained by the department, whether prior	109300
reports have been made concerning an adult with mental retardation	109301
or a developmental disability or other principals in the case. If	109302
the department finds that the report involves action or inaction	109303
that may constitute a crime under federal law or the law of this	109304
state, it shall submit a report of its investigation, in writing,	109305
to the law enforcement agency. If the person with mental	109306
retardation or a developmental disability is an adult, with the	109307
consent of the adult, the department shall provide such protective	109308
services as are necessary to protect the adult. The law	109309
enforcement agency shall make a written report of its findings to	109310
the department.	109311

If the person is an adult and is not a resident of a facility	109312
operated by the department, the county board of developmental	109313
disabilities shall review the report of abuse or neglect in	109314
accordance with sections 5126.30 to 5126.33 of the Revised Code	109315
and the law enforcement agency shall make the written report of	109316
its findings to the county board.	109317

(K) Any person or any hospital, institution, school, health	109318
department, or agency participating in the making of reports	109319
pursuant to this section, any person participating as a witness in	109320
an administrative or judicial proceeding resulting from the	109321
reports, or any person or governmental entity that discharges	109322
responsibilities under sections 5126.31 to 5126.33 of the Revised	109323
Code shall be immune from any civil or criminal liability that	109324
might otherwise be incurred or imposed as a result of such actions	109325
except liability for perjury, unless the person or governmental	109326
entity has acted in bad faith or with malicious purpose.	109327

(L) No employer or any person with the authority to do so	109328
shall discharge, demote, transfer, prepare a negative work	109329
performance evaluation, reduce pay or benefits, terminate work	109330
privileges, or take any other action detrimental to an employee or	109331
retaliate against an employee as a result of the employee's having	109332
made a report under this section. This division does not preclude	109333
an employer or person with authority from taking action with	109334
regard to an employee who has made a report under this section if	109335
there is another reasonable basis for the action.	109336

(M) Reports made under this section are not public records as	109337
defined in section 149.43 of the Revised Code. Information	109338
contained in the reports on request shall be made available to the	109339
person who is the subject of the report, to the person's legal	109340
counsel, and to agencies authorized to receive information in the	109341
report by the department or by a county board of developmental	109342
disabilities.	109343

(N) Notwithstanding section 4731.22 of the Revised Code, the	109344
physician-patient privilege shall not be a ground for excluding	109345
evidence regarding the injuries or physical neglect of a person	109346
with mental retardation or a developmental disability or the cause	109347
thereof in any judicial proceeding resulting from a report	109348
submitted pursuant to this section.	109349

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	109350
(E), and (F) of this section, the chief medical officer shall	109351
provide all information, including expected physical and medical	109352
consequences, necessary to enable any resident of an institution	109353
for the mentally retarded to give a fully informed, intelligent,	109354
and knowing consent if any of the following procedures are	109355
proposed:	109356

(1) Surgery;

109357

(2) Convulsive therapy;

109358

(3) Major aversive interventions;

109359

(4) Sterilization;

109360

(5) Experimental procedures;

109361

(6) Any unusual or hazardous treatment procedures.

109362

(B) No resident shall be subjected to any of the procedures	109363
listed in division (A)(4), (5), or (6) of this section without the	109364
resident's informed consent.	109365

(C) If a resident is physically or mentally unable to receive	109366
the information required for surgery under division (A)(1) of this	109367
section, or has been adjudicated incompetent, the information may	109368
be provided to the resident's natural or court-appointed guardian,	109369
including an agency providing guardianship services under contract	109370
with the department of developmental disabilities under sections	109371
5123.55 to 5123.59 of the Revised Code, who may give the informed,	109372
intelligent, and knowing written consent for surgery. Consent for	109373
surgery shall not be provided by a guardian who is an officer or	109374
employee of the department of ~~mental health~~mental health and	109375
addiction services or the department of developmental	109376
disabilities.	109377

If a resident is physically or mentally unable to receive the	109378
information required for surgery under division (A)(1) of this	109379
section and has no guardian, then the information, the	109380
recommendation of the chief medical officer, and the concurring	109381
judgment of a licensed physician who is not a full-time employee	109382
of the state may be provided to the court in the county in which	109383
the institution is located, which may approve the surgery. Before	109384
approving the surgery, the court shall notify the Ohio protection	109385
and advocacy system created by section 5123.60 of the Revised	109386
Code, and shall notify the resident of the resident's rights to	109387
consult with counsel, to have counsel appointed by the court if	109388
the resident is indigent, and to contest the recommendation of the	109389
chief medical officer.	109390

(D) If, in the judgment of two licensed physicians, delay in	109391
obtaining consent for surgery would create a grave danger to the	109392
health of a resident, emergency surgery may be performed without	109393
the consent of the resident if the necessary information is	109394
provided to the resident's guardian, including an agency providing	109395
guardianship services under contract with the department of	109396
developmental disabilities under sections 5123.55 to 5123.59 of	109397
the Revised Code, or to the resident's spouse or next of kin to	109398
enable that person or agency to give an informed, intelligent, and	109399
knowing written consent.	109400

If the guardian, spouse, or next of kin cannot be contacted	109401
through exercise of reasonable diligence, or if the guardian,	109402
spouse, or next of kin is contacted, but refuses to consent, then	109403
the emergency surgery may be performed upon the written	109404
authorization of the chief medical officer and after court	109405
approval has been obtained. However, if delay in obtaining court	109406
approval would create a grave danger to the life of the resident,	109407
the chief medical officer may authorize surgery, in writing,	109408
without court approval. If the surgery is authorized without court	109409
approval, the chief medical officer who made the authorization and	109410
the physician who performed the surgery shall each execute an	109411
affidavit describing the circumstances constituting the emergency	109412
and warranting the surgery and the circumstances warranting their	109413
not obtaining prior court approval. The affidavit shall be filed	109414
with the court with which the request for prior approval would	109415
have been filed within five court days after the surgery, and a	109416
copy of the affidavit shall be placed in the resident's file and	109417
shall be given to the guardian, spouse, or next of kin of the	109418
resident, to the hospital at which the surgery was performed, and	109419
to the Ohio protection and advocacy system created by section	109420
5123.60 of the Revised Code.	109421

(E)(1) If it is the judgment of two licensed physicians, as	109422
described in division (E)(2) of this section, that a medical	109423
emergency exists and delay in obtaining convulsive therapy creates	109424
a grave danger to the life of a resident who is both mentally	109425
retarded and mentally ill, convulsive therapy may be administered	109426
without the consent of the resident if the resident is physically	109427
or mentally unable to receive the information required for	109428
convulsive therapy and if the necessary information is provided to	109429
the resident's natural or court-appointed guardian, including an	109430
agency providing guardianship services under contract with the	109431
department of developmental disabilities under sections 5123.55 to	109432
5123.59 of the Revised Code, or to the resident's spouse or next	109433
of kin to enable that person or agency to give an informed,	109434
intelligent, and knowing written consent. If neither the	109435
resident's guardian, spouse, nor next of kin can be contacted	109436
through exercise of reasonable diligence, or if the guardian,	109437
spouse, or next of kin is contacted, but refuses to consent, then	109438
convulsive therapy may be performed upon the written authorization	109439
of the chief medical officer and after court approval has been	109440
obtained.	109441

(2) The two licensed physicians referred to in division	109442
(E)(1) of this section shall not be associated with each other in	109443
the practice of medicine or surgery by means of a partnership or	109444
corporate arrangement, other business arrangement, or employment.	109445
At least one of the physicians shall be a psychiatrist as defined	109446
in division (E) of section 5122.01 of the Revised Code.	109447

(F) Major aversive interventions shall not be used unless a	109448
resident continues to engage in behavior destructive to self or	109449
others after other forms of therapy have been attempted. Major	109450
aversive interventions shall not be applied to a voluntary	109451
resident without the informed, intelligent, and knowing written	109452
consent of the resident or the resident's guardian, including an	109453
agency providing guardianship services under contract with the	109454
department of developmental disabilities under sections 5123.55 to	109455
5123.59 of the Revised Code.	109456

(G)(1) This chapter does not authorize any form of compulsory	109457
medical or psychiatric treatment of any resident who is being	109458
treated by spiritual means through prayer alone in accordance with	109459
a recognized religious method of healing.	109460

(2) For purposes of this section, "convulsive therapy" does	109461
not include defibrillation.	109462

Sec. 5124.01. As used in this chapter:

109463

(A) "Affiliated operator" means an operator affiliated with	109464
either of the following:	109465

(1) The exiting operator for whom the affiliated operator is	109466
to assume liability for the entire amount of the exiting	109467
operator's debt under the medicaid program or the portion of the	109468
debt that represents the franchise permit fee the exiting operator	109469
owes;	109470

(2) The entering operator involved in the change of operator	109471
with the exiting operator specified in division (A)(1) of this	109472
section.	109473

(B) "Allowable costs" means an ICF/IID's costs that the	109474
department of developmental disabilities determines are	109475
reasonable. Fines paid under section 5124.99 of the Revised Code	109476
are not allowable costs.	109477

(C) "Capital costs" means an ICF/IID's costs of ownership and	109478
costs of nonextensive renovation.	109479

(D) "Case-mix score" means the measure determined under	109480
section 5124.192 of the Revised Code of the relative direct-care	109481
resources needed to provide care and habilitation to an ICF/IID	109482
resident.	109483

(E) "Change of operator" means an entering operator becoming	109484
the operator of an ICF/IID in the place of the exiting operator.	109485

(1) Actions that constitute a change of operator include the	109486
following:	109487

(a) A change in an exiting operator's form of legal	109488
organization, including the formation of a partnership or	109489
corporation from a sole proprietorship;	109490

(b) A transfer of all the exiting operator's ownership	109491
interest in the operation of the ICF/IID to the entering operator,	109492
regardless of whether ownership of any or all of the real property	109493
or personal property associated with the ICF/IID is also	109494
transferred;	109495

(c) A lease of the ICF/IID to the entering operator or the	109496
exiting operator's termination of the exiting operator's lease;	109497

(d) If the exiting operator is a partnership, dissolution of	109498
the partnership;	109499

(e) If the exiting operator is a partnership, a change in	109500
composition of the partnership unless both of the following apply:	109501

(i) The change in composition does not cause the	109502
partnership's dissolution under state law.	109503

(ii) The partners agree that the change in composition does	109504
not constitute a change in operator.	109505

(f) If the operator is a corporation, dissolution of the	109506
corporation, a merger of the corporation into another corporation	109507
that is the survivor of the merger, or a consolidation of one or	109508
more other corporations to form a new corporation.	109509

(2) The following, alone, do not constitute a change of	109510
operator:	109511

(a) A contract for an entity to manage an ICF/IID as the	109512
operator's agent, subject to the operator's approval of daily	109513
operating and management decisions;	109514

(b) A change of ownership, lease, or termination of a lease	109515
of real property or personal property associated with an ICF/IID	109516
if an entering operator does not become the operator in place of	109517
an exiting operator;	109518

(c) If the operator is a corporation, a change of one or more	109519
members of the corporation's governing body or transfer of	109520
ownership of one or more shares of the corporation's stock, if the	109521
same corporation continues to be the operator.	109522

(F) "Cost center" means the following:

109523

(1) Capital costs;

109524

(2) Direct care costs;

109525

(3) Indirect care costs;

109526

(4) Other protected costs.

109527

(G) "Costs of nonextensive renovations" means the actual	109528
expense incurred by an ICF/IID for depreciation or amortization	109529
and interest on renovations that are not extensive renovations.	109530

(H)(1) "Costs of ownership" means the actual expenses	109531
incurred by an ICF/IID for all of the following:	109532

(a) Subject to division (H)(2) of this section, depreciation	109533
and interest on any capital assets that cost five hundred dollars	109534
or more per item, including the following:	109535

(i) Buildings;

109536

(ii) Building improvements that are not approved as	109537
nonextensive renovations under section 5124.17 of the Revised	109538
Code;	109539

(iii) Equipment;

109540

(iv) Extensive renovations;

109541

(v) Transportation equipment.

109542

(b) Amortization and interest on land improvements and	109543
leasehold improvements;	109544

109545

(d) Except as provided in division (Z) of this section, lease	109546
and rent of land, building, and equipment.	109547

(2) The costs of capital assets of less than five hundred	109548
dollars per item may be considered costs of ownership in	109549
accordance with an ICF/IID provider's practice.	109550

(I)(1) "Date of licensure" means the following:

109551

(a) In the case of an ICF/IID that was originally licensed as	109552
a nursing home under Chapter 3721. of the Revised Code, the date	109553
that it was originally so licensed, regardless that it was	109554
subsequently licensed as a residential facility under section	109555
5123.19 of the Revised Code;	109556

(b) In the case of an ICF/IID that was originally licensed as	109557
a residential facility under section 5123.19 of the Revised Code,	109558
the date it was originally so licensed;	109559

(c) In the case of an ICF/IID that was not required by law to	109560
be licensed as a nursing home or residential facility when it was	109561
originally operated as a residential facility, the date it first	109562
was operated as a residential facility, regardless of the date the	109563
ICF/IID was first licensed as a nursing home or residential	109564
facility.	109565

(2) If, after an ICF/IID's original date of licensure, more	109566
residential facility beds are added to the ICF/IID or all or part	109567
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	109568
a different date of licensure for the additional beds or	109569
extensively renovated portion of the ICF/IID. This does not apply,	109570
however, to additional beds when both of the following apply:	109571

(a) The additional beds are located in a part of the ICF/IID	109572
that was constructed at the same time as the continuing beds	109573
already located in that part of the ICF/IID;	109574

(b) The part of the ICF/IID in which the additional beds are	109575
located was constructed as part of the ICF/IID at a time when the	109576
ICF/IID was not required by law to be licensed as a nursing home	109577
or residential facility.	109578

(3) The definition of "date of licensure" in this section	109579
applies in determinations of ICFs/IID's medicaid payment rates but	109580
does not apply in determinations of ICFs/IID's franchise permit	109581
fees under sections 5168.60 to 5168.71 of the Revised Code.	109582

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	109583
on a cost report filed under section 5124.10 or 5124.101 of the	109584
Revised Code have been subjected to a desk review under section	109585
5124.108 of the Revised Code and preliminarily determined to be	109586
allowable costs.	109587

(K) "Developmental center" means a residential facility that	109588
is maintained and operated by the department of developmental	109589
disabilities.	109590

(L) "Direct care costs" means all of the following costs	109591
incurred by an ICF/IID:	109592

(1) Costs for registered nurses, licensed practical nurses,	109593
and nurse aides employed by the ICF/IID;	109594

(2) Costs for direct care staff, administrative nursing	109595
staff, medical directors, respiratory therapists, physical	109596
therapists, physical therapy assistants, occupational therapists,	109597
occupational therapy assistants, speech therapists, audiologists,	109598
habilitation staff (including habilitation supervisors), qualified	109599
intellectual disability professionals, program directors, social	109600
services staff, activities staff, off-site day programming,	109601
psychologists, psychology assistants, social workers, counselors,	109602
and other persons holding degrees qualifying them to provide	109603
therapy;	109604

(3) Costs of purchased nursing services;

109605

(4) Costs of training and staff development, employee	109606
benefits, payroll taxes, and workers' compensation premiums or	109607
costs for self-insurance claims and related costs as specified in	109608
rules adopted under section 5124.03 of the Revised Code, for	109609
personnel listed in divisions (L)(1), (2), and (3) of this	109610
section;	109611

(5) Costs of quality assurance;

109612

(6) Costs of consulting and management fees related to direct	109613
care;	109614

(7) Allocated direct care home office costs;

109615

(8) Costs of other direct-care resources that are specified	109616
as direct care costs in rules adopted under section 5124.03 of the	109617
Revised Code.	109618

(M) "Downsized ICF/IID" means an ICF/IID that permanently	109619
reduced its medicaid-certified capacity pursuant to a plan	109620
approved by the department of developmental disabilities under	109621
section 5123.042 of the Revised Code.	109622

(N) "Effective date of a change of operator" means the day	109623
the entering operator becomes the operator of the ICF/IID.	109624

(O) "Effective date of a facility closure" means the last day	109625
that the last of the residents of the ICF/IID resides in the	109626
ICF/IID.	109627

(P) "Effective date of an involuntary termination" means the	109628
date the department of medicaid terminates the operator's provider	109629
agreement for the ICF/IID or the last day that such a provider	109630
agreement is in effect when the department cancels or refuses to	109631
revalidate it.	109632

(Q) "Effective date of a voluntary termination" means the day	109633
the ICF/IID ceases to accept medicaid recipients.	109634

(R) "Entering operator" means the person or government entity	109635
that will become the operator of an ICF/IID when a change of	109636
operator occurs or following an involuntary termination.	109637

(S) "Exiting operator" means any of the following:

109638

(1) An operator that will cease to be the operator of an	109639
ICF/IID on the effective date of a change of operator;	109640

(2) An operator that will cease to be the operator of an	109641
ICF/IID on the effective date of a facility closure;	109642

(3) An operator of an ICF/IID that is undergoing or has	109643
undergone a voluntary termination;	109644

(4) An operator of an ICF/IID that is undergoing or has	109645
undergone an involuntary termination.	109646

(T)(1) "Extensive renovation" means the following:

109647

(a) An ICF/IID's betterment, improvement, or restoration to	109648
which both of the following apply:	109649

(i) It was started before July 1, 1993;

109650

(ii) It meets the definition of "extensive renovation"	109651
established in rules that were adopted by the director of job and	109652
family services and in effect on December 22, 1992.	109653

(b) An ICF/IID's betterment, improvement, or restoration to	109654
which all of the following apply:	109655

(i) It was started on or after July 1, 1993;

109656

(ii) Except as provided in division (T)(2) of this section,	109657
it costs more than sixty-five per cent and not more than	109658
eighty-five per cent of the cost of constructing a new bed;	109659

(iii) It extends the useful life of the assets for at least	109660
ten years.	109661

(2) The department of developmental disabilities may treat a	109662
renovation that costs more than eighty-five per cent of the cost	109663
of constructing new beds as an extensive renovation if the	109664
department determines that the renovation is more prudent than	109665
construction of new beds.	109666

(3) For the purpose of division (T)(1)(b)(ii) of this	109667
section, the cost of constructing a new bed shall be considered to	109668
be forty thousand dollars, adjusted for the estimated rate of	109669
inflation from January 1, 1993, to the end of the calendar year	109670
during which the extensive renovation is completed, using the	109671
consumer price index for shelter costs for all urban consumers for	109672
the north central region, as published by the United States bureau	109673
of labor statistics.	109674

(U)(1) Subject to divisions (U)(2) and (3) of this section,	109675
"facility closure" means either of the following:	109676

(a) Discontinuance of the use of the building, or part of the	109677
building, that houses the facility as an ICF/IID that results in	109678
the relocation of all of the facility's residents;	109679

(b) Conversion of the building, or part of the building, that	109680
houses an ICF/IID to a different use with any necessary license or	109681
other approval needed for that use being obtained and one or more	109682
of the facility's residents remaining in the facility to receive	109683
services under the new use.	109684

(2) A facility closure occurs regardless of any of the	109685
following:	109686

(a) The operator completely or partially replacing the	109687
ICF/IID by constructing a new ICF/IID or transferring the	109688
ICF/IID's license to another ICF/IID;	109689

(b) The ICF/IID's residents relocating to another of the	109690
operator's ICFs/IID;	109691

(c) Any action the department of health takes regarding the	109692
ICF/IID's medicaid certification that may result in the transfer	109693
of part of the ICF/IID's survey findings to another of the	109694
operator's ICFs/IID;	109695

(d) Any action the department of developmental disabilities	109696
takes regarding the ICF/IID's license under section 5123.19 of the	109697
Revised Code.	109698

(3) A facility closure does not occur if all of the ICF/IID's	109699
residents are relocated due to an emergency evacuation and one or	109700
more of the residents return to a medicaid-certified bed in the	109701
ICF/IID not later than thirty days after the evacuation occurs.	109702

(V) "Fiscal year" means the fiscal year of this state, as	109703
specified in section 9.34 of the Revised Code.	109704

(W) "Franchise permit fee" means the fee imposed by sections	109705
5168.60 to 5168.71 of the Revised Code.	109706

(X) "Home and community-based services" has the same meaning	109707
as in section 5123.01 of the Revised Code.	109708

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	109709
440.150.	109710

(Z)(1) "Indirect care costs" means all reasonable costs	109711
incurred by an ICF/IID other than capital costs, direct care	109712
costs, and other protected costs. "Indirect care costs" includes	109713
costs of habilitation supplies, pharmacy consultants, medical and	109714
habilitation records, program supplies, incontinence supplies,	109715
food, enterals, dietary supplies and personnel, laundry,	109716
housekeeping, security, administration, liability insurance,	109717
bookkeeping, purchasing department, human resources,	109718
communications, travel, dues, license fees, subscriptions, home	109719
office costs not otherwise allocated, legal services, accounting	109720
services, minor equipment, maintenance and repair expenses,	109721
help-wanted advertising, informational advertising, start-up	109722
costs, organizational expenses, other interest, property	109723
insurance, employee training and staff development, employee	109724
benefits, payroll taxes, and workers' compensation premiums or	109725
costs for self-insurance claims and related costs, as specified in	109726
rules adopted under section 5124.03of the Revised Code, for	109727
personnel listed in this division. Notwithstanding division (H) of	109728
this section, "indirect care costs" also means the cost of	109729
equipment, including vehicles, acquired by operating lease	109730
executed before December 1, 1992, if the costs are reported as	109731
administrative and general costs on the ICF/IID's cost report for	109732
the cost reporting period ending December 31, 1992.	109733

(2) For the purpose of division (Z)(1) of this section, an	109734
operating lease shall be construed in accordance with generally	109735
accepted accounting principles.	109736

(AA) "Inpatient days" means both of the following:

109737

(1) All days during which a resident, regardless of payment	109738
source, occupies a bed in an ICF/IID that is included in the	109739
ICF/IID's medicaid-certified capacity;	109740

(2) All days for which payment is made under section 5124.34	109741
of the Revised Code.	109742

(BB) "Intermediate care facility for individuals with	109743
disabilities" and "ICF/IID" mean an intermediate care facility for	109744
the mentally retarded as defined in the "Social Security Act,"	109745
section 1905(d), 42 U.S.C. 1396d(d).	109746

(CC) "Involuntary termination" means the department of	109747
medicaid's termination of, cancellation of, or refusal to	109748
revalidate the operator's provider agreement for the ICF/IID when	109749
such action is not taken at the operator's request.	109750

(DD) "Maintenance and repair expenses" means, except as	109751
provided in division (TT)(2)(b) of this section, expenditures that	109752
are necessary and proper to maintain an asset in a normally	109753
efficient working condition and that do not extend the useful life	109754
of the asset two years or more. "Maintenance and repair expenses"	109755
includes the costs of ordinary repairs such as painting and	109756
wallpapering.	109757

(EE) "Medicaid-certified capacity" means the number of an	109758
ICF/IID's beds that are certified for participation in medicaid as	109759
ICF/IID beds.	109760

(FF) "Medicaid days" means both of the following:

109761

(1) All days during which a resident who is a medicaid	109762
recipient eligible for ICF/IID services occupies a bed in an	109763
ICF/IID that is included in the ICF/IID's medicaid-certified	109764
capacity;	109765

(2) All days for which payment is made under section 5124.34	109766
of the Revised Code.	109767

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	109768
obtains an initial provider agreement following the director of	109769
health's medicaid certification of the ICF/IID, including such an	109770
ICF/IID that replaces one or more ICFs/IID for which a provider	109771
previously held a provider agreement.	109772

(2) "New ICF/IID" does not mean either of the following:

109773

(a) An ICF/IID for which the entering operator seeks a	109774
provider agreement pursuant to section 5124.511 or 5124.512 or	109775
(pursuant to section 5124.515) section 5124.07 of the Revised	109776
Code;	109777

(b) A downsized ICF/IID or partially converted ICF/IID.

109778

(HH) "Nursing home" has the same meaning as in section	109779
3721.01 of the Revised Code.	109780

(II) "Operator" means the person or government entity	109781
responsible for the daily operating and management decisions for	109782
an ICF/IID.	109783

(JJ) "Other protected costs" means costs incurred by an	109784
ICF/MR for medical supplies; real estate, franchise, and property	109785
taxes; natural gas, fuel oil, water, electricity, sewage, and	109786
refuse and hazardous medical waste collection; allocated other	109787
protected home office costs; and any additional costs defined as	109788
other protected costs in rules adopted under section 5124.03 of	109789
the Revised Code.	109790

(KK)(1) "Owner" means any person or government entity that	109791
has at least five per cent ownership or interest, either directly,	109792
indirectly, or in any combination, in any of the following	109793
regarding an ICF/IID:	109794

(a) The land on which the ICF/IID is located;

109795

(b) The structure in which the ICF/IID is located;

109796

(c) Any mortgage, contract for deed, or other obligation	109797
secured in whole or in part by the land or structure on or in	109798
which the ICF/IID is located;	109799

(d) Any lease or sublease of the land or structure on or in	109800
which the ICF/IID is located.	109801

(2) "Owner" does not mean a holder of a debenture or bond	109802
related to an ICF/IID and purchased at public issue or a regulated	109803
lender that has made a loan related to the ICF/IID unless the	109804
holder or lender operates the ICF/IID directly or through a	109805
subsidiary.	109806

(LL) "Partially converted ICF/IID" means an ICF/IID that	109807
converted some, but not all, of its beds to providing home and	109808
community-based services under the individual options waiver	109809
pursuant to section 5124.60 or 5124.61 of the Revised Code.	109810

(MM)(1) Except as provided in divisions (MM)(2) and (3) of	109811
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	109812
allowable costs in a given cost center in a cost reporting period,	109813
divided by the facility's inpatient days for that cost reporting	109814
period.	109815

(2) When determining capital costs for the purpose of section	109816
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	109817
allowable capital costs in a cost-reporting period divided by the	109818
greater of the facility's inpatient days for that period or the	109819
number of inpatient days the ICF/IID would have had during that	109820
period if its occupancy rate had been ninety-five per cent.	109821

(3) When determining indirect care costs for the purpose of	109822
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	109823
actual, allowable indirect care costs in a cost-reporting period	109824
divided by the greater of the ICF/IID's inpatient days for that	109825
period or the number of inpatient days the ICF/IID would have had	109826
during that period if its occupancy rate had been eighty-five per	109827
cent.	109828

(NN) "Provider" means an operator with a valid provider	109829
agreement.	109830

(OO) "Provider agreement" means a provider agreement, as	109831
defined in section 5164.01 of the Revised Code, that is between	109832
the department of medicaid and the operator of an ICF/IID for the	109833
provision of ICF/IID services under the medicaid program.	109834

(PP) "Purchased nursing services" means services that are	109835
provided in an ICF/IID by registered nurses, licensed practical	109836
nurses, or nurse aides who are not employees of the ICF/IID.	109837

(QQ) "Reasonable" means that a cost is an actual cost that is	109838
appropriate and helpful to develop and maintain the operation of	109839
resident care facilities and activities, including normal standby	109840
costs, and that does not exceed what a prudent buyer pays for a	109841
given item or services. Reasonable costs may vary from provider to	109842
provider and from time to time for the same provider.	109843

(RR) "Related party" means an individual or organization	109844
that, to a significant extent, has common ownership with, is	109845
associated or affiliated with, has control of, or is controlled	109846
by, a provider.	109847

(1) An individual who is a relative of an owner is a related	109848
party.	109849

(2) Common ownership exists when an individual or individuals	109850
possess significant ownership or equity in both the provider and	109851
the other organization. Significant ownership or equity exists	109852
when an individual or individuals possess five per cent ownership	109853
or equity in both the provider and a supplier. Significant	109854
ownership or equity is presumed to exist when an individual or	109855
individuals possess ten per cent ownership or equity in both the	109856
provider and another organization from which the provider	109857
purchases or leases real property.	109858

(3) Control exists when an individual or organization has the	109859
power, directly or indirectly, to significantly influence or	109860
direct the actions or policies of an organization.	109861

(4) An individual or organization that supplies goods or	109862
services to a provider shall not be considered a related party if	109863
all of the following conditions are met:	109864

(a) The supplier is a separate bona fide organization.

109865

(b) A substantial part of the supplier's business activity of	109866
the type carried on with the provider is transacted with others	109867
than the provider and there is an open, competitive market for the	109868
types of goods or services the supplier furnishes.	109869

(c) The types of goods or services are commonly obtained by	109870
other ICFs/IID from outside organizations and are not a basic	109871
element of resident care ordinarily furnished directly to	109872
residents by the ICFs/IID.	109873

(d) The charge to the provider is in line with the charge for	109874
the goods or services in the open market and no more than the	109875
charge made under comparable circumstances to others by the	109876
supplier.	109877

(SS) "Relative of owner" means an individual who is related	109878
to an owner of an ICF/IID by one of the following relationships:	109879

(1) Spouse;

109880

(2) Natural parent, child, or sibling;

109881

(3) Adopted parent, child, or sibling;

109882

(4) Stepparent, stepchild, stepbrother, or stepsister;

109883

(5) Father-in-law, mother-in-law, son-in-law,	109884
daughter-in-law, brother-in-law, or sister-in-law;	109885

(6) Grandparent or grandchild;

109886

(7) Foster caregiver, foster child, foster brother, or foster	109887
sister.	109888

(TT)(1) "Renovation" means the following:

109889

(a) An ICF/IID's betterment, improvement, or restoration to	109890
which both of the following apply:	109891

(i) It was started before July 1, 1993;

109892

(ii) It meets the definition of "renovation" established in	109893
rules that were adopted by the director of job and family services	109894
and in effect on December 22, 1992.	109895

(b) An ICF/IID's betterment, improvement, or restoration to	109896
which both of the following apply:	109897

(i) It was started on or after July 1, 1993;

109898

(ii) It betters, improves, or restores the ICF/IID beyond its	109899
current functional capacity through a structural change that costs	109900
at least five hundred dollars per bed.	109901

(2) A renovation started on or after July 1, 1993, may	109902
include both of the following:	109903

(a) A betterment, improvement, restoration, or replacement of	109904
assets that are affixed to a building and have a useful life of at	109905
least five years;	109906

(b) Costs that otherwise would be considered maintenance and	109907
repair expenses if they are an integral part of the structural	109908
change that makes up the renovation project.	109909

(3) "Renovation" does not mean construction of additional	109910
space for beds that will be added to an ICF/IID's licensed	109911
capacity or medicaid-certified capacity.	109912

(UU) "Residential facility" has the same meaning as in	109913
section 5123.19 of the Revised Code.	109914

(VV) "Sponsor" means an adult relative, friend, or guardian	109915
of an ICF/IID resident who has an interest or responsibility in	109916
the resident's welfare.	109917

(WW) "Title XIX" means Title XIX of the "Social Security	109918
Act," 42 U.S.C. 1396, et seq.	109919

(XX) "Title XVIII" means Title XVIII of the "Social Security	109920
Act," 42 U.S.C. 1395, et seq.	109921

(YY) "Voluntary termination" means an operator's voluntary	109922
election to terminate the participation of an ICF/IID in the	109923
medicaid program but to continue to provide service of the type	109924
provided by a residential facility as defined in section 5123.19	109925
of the Revised Code.	109926

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	109927
~~of the United States secretary of health and human services, the~~	109928
The department of ~~job and family services~~medicaid shall enter	109929
into a contract with the department of developmental disabilities	109930
under section ~~5111.91~~5162.35 of the Revised Code that provides	109931
for the department of developmental disabilities to assume the	109932
powers and duties of the department of ~~job and family services~~	109933
medicaid with regard to the medicaid program's coverage of	109934
ICF/IID services ~~provided by intermediate care facilities for the~~	109935
~~mentally retarded~~. The contract shall include a schedule for the	109936
assumption of the powers and duties. The contract may provide for	109937
the department of medicaid to perform one or more duties of the	109938
department of developmental disabilities under sections 5124.50 to	109939
5124.53 of the Revised Code. Except as otherwise authorized by the	109940
United States secretary of health and human services, no provision	109941
of the contract may violate a federal law or regulation governing	109942
the medicaid program. ~~Once the contract goes into effect, all~~	109943
~~references to the department of job and family services, and all~~	109944
~~references to the director of job and family services, with regard~~	109945
~~to intermediate care facilities for the mentally retarded that are~~	109946
~~in law enacted by the general assembly shall be deemed to be~~	109947
~~references to the department of developmental disabilities and~~	109948
~~director of developmental disabilities, respectively, to the~~	109949
~~extent necessary to implement the terms of the contract.~~	109950

Sec. 5124.03. To the extent authorized by rules authorized	109951
by section 5162.021 of the Revised Code, the director of	109952
developmental disabilities shall adopt rules in accordance with	109953
Chapter 119. of the Revised Code as necessary to implement this	109954
chapter.	109955

Sec. 5124.05. The medicaid program shall cover ICF/IID	109956
services when all of the following apply:	109957

(A) The ICF/IID services are provided to a medicaid recipient	109958
eligible for the services.	109959

(B) The ICF/IID services are provided by an ICF/IID for which	109960
the provider has a valid provider agreement.	109961

(C) Federal financial participation is available for the	109962
ICF/IID services.	109963

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	109964
Code, an ICF/IID operator is eligible to enter into a provider	109965
agreement for an ICF/IID if all of the following apply:	109966

(1) The ICF/IID is certified by the director of health for	109967
participation in medicaid;	109968

(2) The ICF/IID is licensed by the director of developmental	109969
disabilities as a residential facility;	109970

(3) Subject to division (B) of this section, the operator and	109971
ICF/IID comply with all applicable state and federal statutes and	109972
rules.	109973

(B) A state rule that requires an ICF/IID operator to have	109974
received approval of a plan for the proposed ICF/IID pursuant to	109975
section 5123.042 of the Revised Code as a condition of the	109976
operator being eligible to receive medicaid payments for ICF/IID	109977
services the ICF/IID provides does not apply if, under former	109978
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	109979
of the 128th general assembly or section 5123.197 of the Revised	109980
Code, a residential facility license was obtained or modified for	109981
the ICF/IID without obtaining approval of such a plan.	109982

Sec. 5124.07. (A) Except as provided in section 5124.072 of	109983
the Revised Code, the department of medicaid shall enter into a	109984
provider agreement with an ICF/IID operator who applies, and is	109985
eligible, for the provider agreement.	109986

(B) A provider agreement shall require the department of	109987
developmental disabilities, pursuant to its agreement with the	109988
department of medicaid under section 5124.02 of the Revised Code,	109989
to make medicaid payments to the provider in accordance with this	109990
chapter for ICF/IID services the ICF/IID provides to its residents	109991
who are medicaid recipients eligible for ICF/IID services.	109992

(C) A provider agreement shall require the provider to do all	109993
of the following:	109994

(1) Maintain eligibility for the provider agreement as	109995
provided in section 5124.06 of the Revised Code;	109996

(2) Keep records relating to a cost reporting period for the	109997
greater of seven years after the cost report is filed or, if the	109998
department of developmental disabilities issues an audit report in	109999
accordance with section 5124.109 of the Revised Code, six years	110000
after all appeal rights relating to the audit report are	110001
exhausted;	110002

(3) File reports as the department of developmental	110003
disabilities requires;	110004

(4) Open all records relating to the costs of the ICF/IID's	110005
services for inspection and audit by the department of	110006
developmental disabilities;	110007

(5) Open its premises for inspection by the department of	110008
developmental disabilities, department of health, and any other	110009
state or local authority having authority to inspect;	110010

(6) Supply to the department of developmental disabilities	110011
such information as it requires concerning the ICF/IID's services	110012
to residents who are, or are eligible to be, medicaid recipients;	110013

(7) Comply with section 5124.08 of the Revised Code.

110014

(D) A provider agreement may contain other provisions that	110015
are consistent with law and considered necessary by the department	110016
of medicaid or the department of developmental disabilities.	110017

Sec. 5124.071. An ICF/IID operator may enter into provider	110018
agreements for more than one ICF/IID.	110019

Sec. 5124.072. The department of medicaid shall not	110020
revalidate an ICF/IID provider agreement if the provider fails to	110021
maintain eligibility for the provider agreement as provided in	110022
section 5124.06 of the Revised Code.	110023

Sec. 5124.08. (A) Every provider agreement with an ICF/IID	110024
provider shall do both of the following:	110025

(1) Except as provided by division (B) of this section,	110026
include any part of the ICF/IID that meets federal and state	110027
standards for medicaid certification;	110028

(2) Prohibit the provider from doing either of the following:

110029

(a) Discriminating against a resident on the basis of race,	110030
color, sex, creed, or national origin;	110031

(b) Subject to division (D) of this section, failing or	110032
refusing to do either of the following:	110033

(i) Admit as a resident of the ICF/IID an individual because	110034
the individual is, or may (as a resident of the ICF/IID) become, a	110035
medicaid recipient if less than eighty per cent of the ICF/IID's	110036
residents are medicaid recipients;	110037

(ii) Retain as a resident of the ICF/IID an individual	110038
because the individual is, or may (as a resident of the ICF/IID)	110039
become, a medicaid recipient.	110040

(B) Unless otherwise required by federal law, an ICF/IID bed	110041
is not required to be included in a provider agreement if the bed	110042
is designated for respite care under a medicaid waiver component	110043
operated pursuant to a waiver sought under section 5166.20 of the	110044
Revised Code.	110045

(C) For the purpose of division (A)(2)(b)(ii) of this	110046
section, a medicaid recipient who is a resident of an ICF/IID	110047
shall be considered a resident of the ICF/IID during any hospital	110048
stays totaling less than twenty-five days during any twelve-month	110049
period. A medicaid recipient identified by the department of	110050
developmental disabilities or its designee as requiring the level	110051
of care of an ICF/IID shall not be subject to a maximum period of	110052
absences during which the recipient is considered to be an ICF/IID	110053
resident if prior authorization of the department for visits with	110054
relatives and friends and participation in therapeutic programs is	110055
obtained in accordance with rules adopted under section 5124.03 of	110056
the Revised Code.	110057

(D) Nothing in this section shall bar a provider from doing	110058
any of the following:	110059

(1) If the provider is a religious organization operating a	110060
religious or denominational ICF/IID, giving preference to persons	110061
of the same religion or denomination;	110062

(2) Giving preference to persons with whom the provider has	110063
contracted to provide continuing care;	110064

(3) Retaining residents who have resided in the provider's	110065
ICF/IID for not less than one year as private pay residents and	110066
who subsequently become medicaid recipients but refusing to admit	110067
as a resident an individual who is, or may (as a resident of the	110068
ICF/IID) become, a medicaid recipient, if all of the following	110069
apply:	110070

(a) The provider does not refuse to retain a resident who has	110071
resided in the provider's ICF/IID for not less than one year as a	110072
private pay resident because the resident becomes a medicaid	110073
recipient, except as necessary to comply with division (D)(3)(b)	110074
of this section.	110075

(b) The number of medicaid recipients retained under division	110076
(D)(3) of this section does not at any time exceed ten per cent of	110077
all the ICF/IID's residents.	110078

(c) On July 1, 1980, all the ICF/IID's residents were private	110079
pay residents.	110080

(E) No provider shall violate the provider agreement	110081
obligations imposed by this section.	110082

Sec. 5124.081. An ICF/IID resident has a cause of action	110083
against the provider of the ICF/IID for breach of the provider	110084
agreement obligations or other duties imposed by section 5124.08	110085
of the Revised Code. The action may be commenced by the resident,	110086
or on the resident's behalf by the resident's sponsor, by the	110087
filing of a civil action in the court of common pleas of the	110088
county in which the ICF/IID is located or in the court of common	110089
pleas of Franklin county.	110090

If a court of common pleas finds that a provider has breached	110091
a provider agreement obligation or other duty imposed by section	110092
5124.08 of the Revised Code, the court may do one or more of the	110093
following:	110094

(A) Enjoin the provider from engaging in the practice;

110095

(B) Order such affirmative relief as may be necessary;

110096

(C) Award to a resident and a sponsor that brings the action	110097
on behalf of a resident actual damages, costs, and reasonable	110098
attorney's fees.	110099

Sec. 5124.10. (A) Except as provided in division (D) of this	110100
section and division (E)(2) of section 5124.101 of the Revised	110101
Code, each ICF/IID provider shall file with the department of	110102
developmental disabilities an annual cost report for each of the	110103
provider's ICFs/IID for which the provider has a valid provider	110104
agreement. The cost report for a year shall cover the calendar	110105
year or portion of the calendar year during which the ICF/IID	110106
participated in the medicaid program. Except as provided in	110107
division (E) of this section, the cost report is due not later	110108
than ninety days after the end of the calendar year, or portion of	110109
the calendar year, that the cost report covers.	110110

(B)(1) If an ICF/IID undergoes a change of provider that the	110111
department determines, in accordance with rules adopted under	110112
section 5124.03 of the Revised Code, is not an arms length	110113
transaction, the new provider shall file the ICF/IID's cost report	110114
in accordance with division (A) of this section and the cost	110115
report shall cover the portion of the calendar year during which	110116
the new provider operated the ICF/IID and the portion of the	110117
calendar year during which the previous provider operated the	110118
ICF/IID.	110119

(2) If an ICF/IID undergoes a change of provider that the	110120
department determines, in accordance with rules adopted under	110121
section 5124.03 of the Revised Code, is an arms length	110122
transaction, the new provider shall file with the department a	110123
cost report for the ICF/IID not later than, except as provided in	110124
division (E) of this section, ninety days after the end of the	110125
ICF/IID's first three full calendar months of operation under the	110126
new provider. The cost report shall cover the period that begins	110127
with the ICF/IID's first day of operation under the new provider	110128
and ends on the first day of the month immediately following the	110129
first three full months of operation under the new provider.	110130

(C) If the medicaid payment rate for a new ICF/IID was most	110131
recently determined in accordance with section 5124.151 of the	110132
Revised Code, the provider shall file with the department a cost	110133
report for the new ICF/IID not later than, except as provided in	110134
division (E) of this section, ninety days after the end of the new	110135
ICF/IID's first three full calendar months of operation. The cost	110136
report shall cover the period that begins with the ICF/IID's first	110137
day of operation and ends on the first day of the month	110138
immediately following the first three full months of operation.	110139

(D) An ICF/IID provider is not required to file a cost report	110140
for an ICF/IID for a calendar year in accordance with division (A)	110141
of this section if the provider files a cost report for the	110142
ICF/IID under division (B)(2) or (C) of this section and that cost	110143
report covers a period that begins after the first day of October	110144
of that calendar year. The provider shall file a cost report for	110145
the ICF/IID in accordance with division (A) of this section for	110146
the immediately following calendar year.	110147

(E) The department may grant to a provider a fourteen-day	110148
extension to file a cost report under this section or section	110149
5124.101 of the Revised Code if the provider provides the	110150
department a written request for the extension and the department	110151
determines that there is good cause for the extension.	110152

Sec. 5124.101. (A) The provider of an ICF/IID that becomes a	110153
downsized ICF/IID or partially converted ICF/IID or is a new	110154
ICF/IID on or after July 1, 2013, may file with the department of	110155
developmental disabilities a cost report covering the period	110156
specified in division (B) of this section if the following applies	110157
to the ICF/IID:	110158

(1) In the case of an ICF/IID that becomes a downsized	110159
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	110160
the following on the day it becomes a downsized ICF/IID or	110161
partially converted ICF/IID:	110162

(a) A medicaid-certified capacity that is at least ten per	110163
cent less than its medicaid-certified capacity on the day	110164
immediately preceding the day it becomes a downsized ICF/IID or	110165
partially converted ICF/IID;	110166

(b) At least five fewer beds certified as ICF/IID beds than	110167
it has on the day immediately preceding the day it becomes a	110168
downsized ICF/IID or partially converted ICF/IID.	110169

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	110170
a downsized ICF/IID and the downsized ICF/IID has either of the	110171
following on the day it becomes a downsized ICF/IID:	110172

(a) A medicaid-certified capacity that is at least ten per	110173
cent less than its medicaid-certified capacity on the day	110174
immediately preceding the day it becomes a downsized ICF/IID;	110175

(b) At least five fewer beds certified as ICF/IID beds than	110176
it has on the day immediately preceding the day it becomes a	110177
downsized ICF/IID.	110178

(B) A cost report filed under division (A) of this section	110179
shall cover the period that begins and ends as follows:	110180

(1) In the case of an ICF/IID that becomes a downsized	110181
ICF/IID or partially converted ICF/IID:	110182

(a) The period begins with the day that the ICF/IID becomes a	110183
downsized ICF/IID or partially converted ICF/IID.	110184

(b) The period ends on the last day of the last month of the	110185
first three full months of operation as a downsized ICF/IID or	110186
partially converted ICF/IID.	110187

(2) In the case of a new ICF/IID:

110188

(a) The period begins with the day that the provider	110189
agreement for the ICF/IID takes effect.	110190

(b) The period ends on the last day of the last month of the	110191
first three full months that the provider agreement is in effect.	110192

(C) The department shall refuse to accept a cost report filed	110193
under division (A) of this section if either of the following	110194
apply:	110195

(1) Except as provided in division (E) of section 5124.10 of	110196
the Revised Code, the provider fails to file the cost report with	110197
the department not later than ninety days after the last day of	110198
the period the cost report covers;	110199

(2) The cost report is incomplete or inadequate.

110200

(D) If the department accepts a cost report filed under	110201
division (A) of this section, the department shall use that cost	110202
report, rather than the cost report that otherwise would be used	110203
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	110204
Revised Code, to determine the ICF/IID's medicaid payment rate in	110205
accordance with this chapter for ICF/IID services the ICF/IID	110206
provides during the period that begins and ends as follows:	110207

(1) The period begins on the following:

110208

(a) In the case of an ICF/IID that becomes a downsized	110209
ICF/IID or partially converted ICF/IID:	110210

(i) The day that the ICF/IID becomes a downsized ICF/IID or	110211
partially converted ICF/IID if that day is the first day of a	110212
month;	110213

(ii) The first day of the month immediately following the	110214
month that the ICF/IID becomes a downsized ICF/IID or partially	110215
converted ICF/IID if division (D)(1)(a)(i) of this section does	110216
not apply.	110217

(b) In the case of a new ICF/IID, the day that the ICF/IID's	110218
provider agreement takes effect.	110219

(2) The period ends on the last day of the fiscal year that	110220
immediately precedes the fiscal year for which the ICF/IID begins	110221
to be paid a rate determined using a cost report that division (E)	110222
of this section requires be filed in accordance with division (A)	110223
of section 5124.10 of the Revised Code.	110224

(E)(1) If the department accepts a cost report filed under	110225
division (A) of this section for an ICF/IID that becomes a	110226
downsized ICF/IID or partially converted ICF/IID on or before the	110227
first day of October of a calendar year, or for a new ICF/IID that	110228
has a provider agreement that takes effect on or before that date,	110229
the provider also shall file a cost report for the ICF/IID in	110230
accordance with division (A) of section 5124.10 of the Revised	110231
Code for the portion of that calendar year that the ICF/IID	110232
operated as a downsized ICF/IID or partially converted ICF/IID or,	110233
in the case of a new ICF/IID, for the portion that the provider	110234
agreement was in effect.	110235

(2) If the department accepts a cost report filed under	110236
division (A) of this section for an ICF/IID that becomes a	110237
downsized ICF/IID or partially converted ICF/IID after the first	110238
day of October of a calendar year, or for a new ICF/IID that has a	110239
provider agreement that takes effect on or after that date, the	110240
provider is not required to file a cost report for that calendar	110241
year in accordance with division (A) of section 5124.10 of the	110242
Revised Code. The provider shall file a cost report for the	110243
ICF/IID in accordance with division (A) of section 5124.10 of the	110244
Revised Code for the immediately following calendar year.	110245

Sec. 5124.102. No ICF/IID provider shall report fines paid	110246
under section 5124.99 of the Revised Code in a cost report filed	110247
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	110248

Sec. 5124.103. Cost reports shall be completed using the	110249
form prescribed under section 5124.104 of the Revised Code and in	110250
accordance with the guidelines established under that section.	110251

Sec. 5124.104. The department of developmental disabilities	110252
shall do all of the following:	110253

(A) Prescribe the form to be used for completing a cost	110254
report and a uniform chart of accounts for the purpose of	110255
reporting costs on the form;	110256

(B) Distribute a paper copy of the form, or computer software	110257
for electronic submission of the form, to each provider at least	110258
sixty days before the date the cost report is due;	110259

110260

Sec. 5124.105. The department of developmental disabilities	110261
shall develop an addendum to the cost report form that an ICF/IID	110262
provider may use to set forth costs that the provider believes the	110263
department may dispute. The department may consider such costs in	110264
determining an ICF/IID's medicaid payment rate. If the department	110265
does not consider such costs in determining an ICF/IID's medicaid	110266
payment rate, the provider may seek reconsideration of the	110267
determination in accordance with section 5124.38 of the Revised	110268
Code. If the department subsequently includes such costs in an	110269
ICF/IID's medicaid payment rate, the department shall pay the	110270
provider interest at a reasonable rate established in rules	110271
adopted under section 5124.03 of the Revised Code for the period	110272
that the rate excluded the costs.	110273

Sec. 5124.106. If an ICF/IID provider required by section	110274
5124.10 of the Revised Code to file a cost report for the ICF/IID	110275
fails to file the cost report by the date it is due or the date,	110276
if any, to which the due date is extended pursuant to division (E)	110277
of that section, or files an incomplete or inadequate report for	110278
the ICF/IID under that section, the department of developmental	110279
disabilities shall provide immediate written notice to the	110280
provider that the provider agreement for the ICF/IID will be	110281
terminated in thirty days unless the provider submits a complete	110282
and adequate cost report for the ICF/IID within thirty days.	110283
During the thirty-day termination period or any additional time	110284
allowed for an appeal of the proposed termination of a provider	110285
agreement, the provider shall be paid the ICF/IID's then current	110286
per medicaid day payment rate, minus the dollar amount by which	110287
ICFs/IID's per medicaid day payment rates are reduced during	110288
fiscal year 2013 in accordance with division (A)(2) of section	110289
5111.26 of the Revised Code (renumbered as section 5165.10 of the	110290
Revised Code by H.B. 59 of the 130th general assembly) as that	110291
section existed on the day immediately preceding the effective	110292
date of this section. On the first day of each July, the	110293
department shall adjust the amount of the reduction in effect	110294
during the previous twelve months to reflect the rate of inflation	110295
during the preceding twelve months, as shown in the consumer price	110296
index for all items for all urban consumers for the midwest	110297
region, published by the United States bureau of labor statistics.	110298

Sec. 5124.107. (A) Except as provided in division (B) of	110299
this section and not later than three years after an ICF/IID	110300
provider files a cost report with the department of developmental	110301
disabilities under section 5124.10 or 5124.101 of the Revised	110302
Code, the provider may amend the cost report if the provider	110303
discovers a material error in the cost report or additional	110304
information to be included in the cost report. The department	110305
shall review the amended cost report for accuracy and notify the	110306
provider of its determination.	110307

(B) An ICF/IID provider may not amend a cost report if the	110308
department has notified the provider that an audit of the cost	110309
report or a cost report of the provider for a subsequent cost	110310
reporting period is to be conducted under section 5124.109 of the	110311
Revised Code. The provider may, however, provide the department	110312
information that affects the costs included in the cost report.	110313
Such information may not be provided after the adjudication of the	110314
final settlement of the cost report.	110315

Sec. 5124.108. The department of developmental disabilities	110316
shall conduct a desk review of all cost reports it receives under	110317
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	110318
Based on the desk review, the department shall make a preliminary	110319
determination of whether the reported costs are allowable costs.	110320
The department shall notify each ICF/IID provider of whether any	110321
of the reported costs are preliminarily determined not to be	110322
allowable costs, the medicaid payment rate determined under this	110323
chapter as a result of the determination regarding allowable	110324
costs, and the reasons for the determination and resulting rate.	110325
The department shall allow the provider to verify the calculation	110326
and submit additional information.	110327

Sec. 5124.109. (A) The department of developmental	110328
disabilities may conduct an audit, as defined in rules adopted	110329
under section 5124.03 of the Revised Code, of any cost report	110330
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	110331
Code. The decision whether to conduct an audit and the scope of	110332
the audit, which may be a desk or field audit, may be determined	110333
based on prior performance of the provider, a risk analysis, or	110334
other evidence that gives the department reason to believe that	110335
the provider has reported costs improperly. A desk or field audit	110336
may be performed annually, but is required whenever a provider	110337
does not pass the risk analysis tolerance factors.	110338

(B) Audits shall be conducted by auditors under contract with	110339
the department, auditors working for firms under contract with the	110340
department, or auditors employed by the department.	110341

The department may establish a contract for the auditing of	110342
ICFs/IID by outside firms. Each contract entered into by bidding	110343
shall be effective for one to two years.	110344

(C) The department shall notify a provider of the findings of	110345
an audit of a cost report by issuing an audit report. The	110346
department shall issue the audit report not later than three years	110347
after the earlier of the following:	110348

(1) The date the cost report is filed;

110349

(2) The date a desk or field audit of the cost report or a	110350
cost report for a subsequent cost reporting period is completed.	110351

(D) The department shall prepare a written summary of any	110352
audit disallowance that is made after the effective date of the	110353
rate that is based on the cost. Where the provider is pursuing	110354
judicial or administrative remedies in good faith regarding the	110355
disallowance, the department shall not withhold from the	110356
provider's current payments any amounts the department claims to	110357
be due from the provider pursuant to section 5124.41 of the	110358
Revised Code.	110359

(E)(1) The department shall establish an audit manual and	110360
program for field audits conducted under this section. Each	110361
auditor conducting a field audit under this section shall follow	110362
the audit manual and program, regardless of whether the auditor is	110363
under contract with the department, works for a firm under	110364
contract with the department, or is employed by the department.	110365
The manual and program shall do both of the following:	110366

(a) Require each field audit to be conducted by an auditor to	110367
whom all of the following apply:	110368

(i) During the period of the auditor's contract, firm's	110369
contract, or auditor's employment with the department, the auditor	110370
or firm does not have and is not committed to acquire any direct	110371
or indirect financial interest in the ownership, financing, or	110372
operation of ICFs/IID in this state.	110373

(ii) The auditor does not audit any provider that has been a	110374
client of the auditor or the auditor's firm.	110375

(iii) The auditor is otherwise independent as determined by	110376
the standards of independence included in the government auditing	110377
standards produced by the United States government accountability	110378
office.	110379

(b) Require each auditor conducting a field audit to do all	110380
of the following:	110381

(i) Comply with applicable rules prescribed pursuant to Title	110382
XIX;	110383

(ii) Consider generally accepted auditing standards	110384
prescribed by the American institute of certified public	110385
accountants;	110386

(iii) Include a written summary as to whether the costs	110387
included in the cost report examined during the audit are	110388
allowable and are presented in accordance with state and federal	110389
laws and regulations, and whether, in all material respects,	110390
allowable costs are documented, reasonable, and related to patient	110391
care;	110392

(iv) Complete the audit within the time period specified by	110393
the department;	110394

(v) Provide to the provider complete written interpretations	110395
that explain in detail the application of all relevant contract	110396
provisions, regulations, auditing standards, rate formulae, and	110397
departmental policies, with explanations and examples, that are	110398
sufficient to permit the provider to calculate with reasonable	110399
certainty those costs that are allowable and the rate to which the	110400
provider's ICF/IID is entitled.	110401

(2) For the purpose of division (E)(1)(a)(i) of this section,	110402
employment of a member of an auditor's family by an ICF/IID that	110403
the auditor does not audit does not constitute a direct or	110404
indirect financial interest in the ownership, financing, or	110405
operation of the ICF/IID.	110406

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	110407
sections ~~5111.20~~5124.151 to ~~5111.331~~5124.154 of the Revised Code	110408
and by division (B) of this section, the ~~payments~~total per	110409
medicaid day payment rate that the department of ~~job and family~~	110410
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	110411
an ICF/IID provider ~~of an intermediate care facility for the~~	110412
~~mentally retarded pursuant to a provider agreement~~for ICF/IID	110413
services the provider's ICF/IID provides during a fiscal year	110414
shall equal the sum of all of the following:	110415

(1) The per medicaid day payment rate for capital costs	110416
determined for the ICF/IID under section 5124.17 of the Revised	110417
Code;	110418

(2) The per medicaid day payment rate for direct care costs	110419
determined for the ~~facility~~ICF/IID under section ~~5111.23~~5124.19	110420
of the Revised Code;	110421

~~(2)~~(3) The per medicaid day payment rate for indirect care	110422
costs determined for the ICF/IID under section 5124.21 of the	110423
Revised Code;	110424

(4) The per medicaid day payment rate for other protected	110425
costs determined for the ~~facility~~ICF/IID under section ~~5111.235~~	110426
5124.23 of the Revised Code;	110427

~~(3) The rate for indirect care costs determined for the~~	110428
~~facility under section 5111.241 of the Revised Code;~~	110429

~~(4) The rate for capital costs determined for the facility~~	110430
~~under section 5111.251 of the Revised Code~~.	110431

(B) The department shall adjust the total rate otherwise	110432
determined under division (A) of this section as directed by the	110433
general assembly through the enactment of law governing medicaid	110434
payments to ICF/IID providers ~~of intermediate care facilities for~~	110435
~~the mentally retarded~~.	110436

(C) In addition to paying an ICF/IID provider the total rate	110437
determined for the provider's ICF/IID under divisions (A) and (B)	110438
of this section for a fiscal year, the department, in accordance	110439
with section 5124.25 of the Revised Code, may pay the provider a	110440
rate add-on for pediatric ventilator-dependent outlier ICF/IID	110441
services if the rate add-on is to be paid under that section and	110442
the department approves the provider's application for the rate	110443
add-on. The rate add-on is not to be part of the ICF/IID's total	110444
rate.	110445

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	110446
~~services shall establish initial rates for an intermediate care~~	110447
~~facility for the mentally retarded with a first date of licensure~~	110448
~~that is on or after January 1, 1993, including a facility that~~	110449
~~replaces one or more existing facilities, or for an intermediate~~	110450
~~care facility for the mentally retarded with a first date of~~	110451
~~licensure before that date that was initially certified for the~~	110452
~~medicaid program on or after that date,~~total per medicaid day	110453
payment rate determined under section 5124.15 of the Revised Code	110454
shall not be the initial rate for ICF/IID services provided by a	110455
new ICF/IID. Instead, the initial total per medicaid day payment	110456
rate for ICF/IID services provided by a new ICF/IID shall be	110457
determined in the following manner:	110458

(1) The initial rate for capital costs shall be determined	110459
under section 5124.17 of the Revised Code using the greater of the	110460
new ICF/IID's actual inpatient days or an imputed occupancy rate	110461
of eighty per cent.	110462

(2) The initial rate for direct care costs shall be	110463
determined as follows:	110464

(a) If there are no cost or resident assessment data for the	110465
new ICF/IID as necessary to ~~calculate~~determine a rate under	110466
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	110467
determined as follows:	110468

(i) Determine the median cost per case-mix unit ~~calculated~~	110469
under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the Revised Code	110470
for the ~~relevant~~new ICF/IID's peer group for the calendar year	110471
immediately preceding the fiscal year in which the rate will be	110472
paid~~, multiplied~~;	110473

(ii) Multiply the amount determined under division	110474
(A)(2)(a)(i) of this section by the median annual average case-mix	110475
score for the new ICF/IID's peer group for that period ~~and~~;	110476

(iii) Adjust the product determined under division	110477
(A)(2)(a)(ii) of this section by the rate of inflation estimated	110478
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	110479
Code. ~~This rate shall be recalculated to reflect the facility's~~	110480
~~actual quarterly average case-mix score, in accordance with that~~	110481
~~section, after it submits its first quarterly assessment data that~~	110482
~~qualifies for use in calculating a case-mix score in accordance~~	110483
~~with rules authorized by division (E) of section 5111.232 of the~~	110484
~~Revised Code. If the facility's first two quarterly submissions do~~	110485
~~not contain assessment data that qualifies for use in calculating~~	110486
~~a case-mix score, the department shall continue to calculate the~~	110487
~~rate using the median annual case-mix score for the peer group in~~	110488
~~lieu of an assigned quarterly case-mix score. The department shall~~	110489
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	110490
~~under division (D) of section 5111.232 of the Revised Code for any~~	110491
~~subsequent submissions that do not contain assessment data that~~	110492
~~qualifies for use in calculating a case-mix score.~~	110493

(b) If the ~~facility~~new ICF/IID is a replacement ~~facility~~	110494
ICF/IID and the ~~facility~~ICF/IID or ~~facilities~~ICFs/IID that are	110495
being replaced are in operation immediately before the ~~replacement~~	110496
~~facility~~new ICF/IID opens, the rate shall be the same as the rate	110497
for the replaced ~~facility~~ICF/IID or ~~facilities~~ICFs/IID,	110498
proportionate to the number of ICF/IID beds in each replaced	110499
~~facility~~ICF/IID. ~~If one or more of the replaced facilities is~~	110500

(c) If the new ICF/IID is a replacement ICF/IID and the	110501
ICF/IID or ICFs/IID that are being replaced are not in operation	110502
immediately before the ~~replacement facility~~new ICF/IID opens, ~~its~~	110503
~~proportion~~the rate shall be determined under division	110504
(A)~~(1)~~(2)(a) of this section.	110505

~~(2)~~(3) The initial rate for indirect care costs shall be the	110506
maximum rate for the new ICF/IID's peer group as determined for	110507
the fiscal year in accordance with division (C) of section 5124.21	110508
of the Revised Code.	110509

(4) The initial rate for other protected costs shall be one	110510
hundred fifteen per cent of the median rate for ~~intermediate care~~	110511
~~facilities for the mentally retarded calculated~~ICFs/IID	110512
determined for the fiscal year under section ~~5111.235~~5124.23 of	110513
the Revised Code.	110514

~~(3) The rate for indirect care costs shall be the applicable~~	110515
~~maximum rate for the facility's peer group as specified in~~	110516
~~division (B) of section 5111.241 of the Revised Code.~~	110517

~~(4) The rate for capital costs shall be determined under~~	110518
~~section 5111.251 of the Revised Code using the greater of actual~~	110519
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	110520

(B) ~~The~~(1) Except as provided in division (B)(2) of this	110521
section, the department shall adjust ~~the rates established~~a new	110522
ICF/IID's initial total per medicaid day payment rate determined	110523
under ~~division (A) of~~ this section ~~at both of the following~~	110524
~~times:~~	110525

~~(1) Effective~~effective the first day of July, to reflect new	110526
rate ~~calculations~~determinations for all ~~facilities~~ICFs/IID	110527
under ~~sections 5111.20 to 5111.331 of the Revised Code;~~	110528

~~(2) Following the provider's submission of the facility's~~	110529
~~cost report under division (A)(1)(b) of section 5111.26 of the~~	110530
~~Revised Code~~ this chapter.	110531

~~The department shall pay the rate adjusted based on the cost~~	110532
~~report beginning the first day of the calendar quarter that begins~~	110533
~~more than ninety days after the department receives the cost~~	110534
~~report.~~	110535

(2) If the department accepts, under division (A) of section	110536
5124.101 of the Revised Code, a cost report filed by the provider	110537
of a new ICF/IID, the department shall adjust the ICF/IID's	110538
initial total per medicaid day payment rate in accordance with	110539
divisions (D) and (E) of that section rather than division (B)(1)	110540
of this section.	110541

Sec. 5124.152. (A) The total per medicaid day payment rate	110542
determined under section 5124.15 of the Revised Code shall not be	110543
paid for ICF/IID services provided by an ICF/IID, or discrete unit	110544
of an ICF/IID, designated by the department of developmental	110545
disabilities as an outlier ICF/IID or unit. Instead, the provider	110546
of a designated outlier ICF/IID or unit shall be paid each fiscal	110547
year a total per medicaid day payment rate that the department	110548
shall prospectively determine in accordance with a methodology	110549
established in rules authorized by this section.	110550

(B) The department may designate an ICF/IID, or discrete unit	110551
of an ICF/IID, as an outlier ICF/IID or unit if the ICF/IID or	110552
unit serves residents who have either of the following:	110553

(1) Diagnoses or special care needs that require direct care	110554
resources that are not measured adequately by the resident	110555
assessment instrument specified in rules authorized by section	110556
5124.191 of the Revised Code;	110557

(2) Diagnoses or special care needs that are specified in	110558
rules authorized by this section as otherwise qualifying for	110559
consideration under this section.	110560

(C) Notwithstanding any other provision of this chapter, the	110561
costs incurred by a designated outlier ICF/IID or unit shall not	110562
be considered in establishing medicaid payment rates for other	110563
ICFs/IID or units.	110564

(D) The director of developmental disabilities shall adopt	110565
rules under section 5124.03 of the Revised Code as necessary to	110566
implement this section.	110567

(1)(a) The rules shall do both of the following:

110568

(i) Specify the criteria and procedures the department will	110569
apply when designating an ICF/IID, or discrete unit of an ICF/IID,	110570
as an outlier ICF/IID or unit;	110571

(ii) Establish a methodology for prospectively determining	110572
the total per medicaid day payment rate that will be paid each	110573
fiscal year for ICF/IID services provided by a designated outlier	110574
ICF/IID or unit.	110575

(b) The rules adopted under division (D)(1)(a)(i) of this	110576
section regarding the criteria for designating outlier ICFs/IID	110577
and units shall do both of the following:	110578

(i) Provide for consideration of whether all of the allowable	110579
costs of an ICF/IID, or discrete unit of an ICF/IID, would be paid	110580
by the rate determined under section 5124.15 of the Revised Code;	110581

(ii) Specify the minimum number of ICF/IID beds that an	110582
ICF/IID, or discrete unit of an ICF/IID, must have to be	110583
designated an outlier ICF/IID or unit.	110584

(c) The rules authorized by division (D)(1)(a)(i) of this	110585
section regarding the criteria for designating outlier ICFs/IID	110586
and units shall not limit the designation to ICFs/IID, or discrete	110587
units of ICFs/IID, located in large cities.	110588

(d) The rules authorized by division (D)(1)(a)(ii) of this	110589
section regarding the methodology for prospectively determining	110590
the rates of designated outlier ICFs/IID and units shall provide	110591
for the methodology to consider the historical costs of providing	110592
ICF/IID services to the residents of designated outlier ICFs/IID	110593
and units.	110594

(2)(a) The rules may do both of the following:

110595

(i) Include for designation as an outlier ICF/IID or unit, an	110596
ICF/IID, or discrete unit of an ICF/IID, that serves residents who	110597
have complex medical conditions or severe behavioral problems;	110598

(ii) Require that a designated outlier ICF/IID or unit	110599
receive authorization from the department before admitting or	110600
retaining a resident.	110601

(b) If the director adopts rules authorized by division	110602
(D)(2)(a)(ii) of this section regarding the authorization of a	110603
designated outlier ICF/IID or unit to admit or retain a resident,	110604
the rules shall specify the criteria and procedures the department	110605
will apply when granting the authorization.	110606

Sec. 5124.153. (A) To the extent, if any, provided for in	110607
rules authorized by this section, the total per medicaid day	110608
payment rate determined under section 5124.15 of the Revised Code	110609
shall not be paid for ICF/IID services that an ICF/IID not	110610
designated as an outlier ICF/IID or unit provides to a resident	110611
who meets the criteria for admission to a designated outlier	110612
ICF/IID or unit, as specified in rules authorized by section	110613
5124.152 of the Revised Code. Instead, the provider of an ICF/IID	110614
providing ICF/IID services to such a resident shall be paid each	110615
fiscal year a total per medicaid day payment rate that the	110616
department shall prospectively determine in accordance with a	110617
methodology established in rules authorized by this section.	110618

(B) The director of developmental disabilities may adopt	110619
rules under section 5124.03 of the Revised Code to implement this	110620
section. The rules may require that an ICF/IID receive	110621
authorization from the department before admitting or retaining a	110622
resident who meets the criteria for admission to a designated	110623
outlier ICF/IID or unit. If the director adopts such rules, the	110624
rules shall specify the criteria and procedures the department	110625
will apply when granting the authorization.	110626

~~Sec. 5111.291.~~ Sec. 5124.154. ~~Notwithstanding sections 5111.20 to~~	110627
~~5111.331 of the Revised Code~~The department of developmental	110628
disabilities is not required to pay the total per medicaid day	110629
payment rates determined under section 5124.15 of the Revised Code	110630
for ICF/IID services provided by developmental centers. Instead,	110631
the department ~~of job and family services~~ may ~~compute~~determine	110632
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	110633
~~for the mentally retarded operated by the department of~~	110634
developmental ~~disabilities or the department of mental health~~	110635
centers according to the reasonable cost principles of Title	110636
XVIII.	110637

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	110638
department of ~~job and family services~~developmental disabilities	110639
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	110640
~~intermediate care facilities for the mentally retarded for its~~	110641
~~reasonable capital costs, a~~ICF/IID's per ~~resident per~~medicaid	110642
day payment rate ~~established prospectively each fiscal year for~~	110643
~~each intermediate care facility for the mentally retarded~~for	110644
reasonable capital costs. Except as otherwise provided in	110645
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter, ~~the~~	110646
an ICF/IID's rate shall be determined prospectively and based on	110647
the ~~facility's~~ICF/IID's capital costs for the calendar year	110648
preceding the fiscal year in which the rate will be paid. ~~The~~	110649
Subject to section 5124.28, an ICF/IID's rate shall equal the sum	110650
of the following:	110651

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	110652
allowable, per diem ~~cost~~costs of ownership for the immediately	110653
preceding cost reporting period, limited as provided in divisions	110654
(B) and (C) ~~and (F)~~ of this section;	110655

(2) ~~Any efficiency incentive determined under division (B) of~~	110656
~~this section;~~	110657

~~(3) Any amounts for~~The ICF/IID's per medicaid day payment	110658
for the ICF/IID's per diem capitalized costs of nonextensive	110659
renovations determined under division (D)(1) of this section if	110660
the ICF/IID qualifies for a payment for such costs as specified in	110661
division (D)(2) of this section;	110662

~~(4) Any amounts for~~(3) The ICF/IID's per medicaid day	110663
efficiency incentive determined under division (E) of this	110664
section;	110665

(4) Until fiscal year 2015, the ICF/IID's return on net	110666
equity determined under division ~~(H)~~(F) of this section.	110667

~~Buildings shall be depreciated using the straight line method~~	110668
~~over forty years or over a different period approved by the~~	110669
~~department. Components and equipment shall be depreciated using~~	110670
~~the straight line method over a period designated by the director~~	110671
~~of job and family services in rules adopted under section 5111.02~~	110672
~~of the Revised Code, consistent with the guidelines of the~~	110673
~~American hospital association, or over a different period approved~~	110674
~~by the department of job and family services. Any rules authorized~~	110675
~~by this division that specify useful lives of buildings,~~	110676
~~components, or equipment apply only to assets acquired on or after~~	110677
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	110678
~~government agency shall not be included in costs of ownership or~~	110679
~~renovation unless that part of the payment under sections 5111.20~~	110680
~~to 5111.331 of the Revised Code is used to reimburse the~~	110681
~~government agency.~~	110682

(B) ~~The department of job and family services shall pay to a~~	110683
~~provider for each of the provider's eligible intermediate care~~	110684
~~facilities for the mentally retarded an efficiency incentive equal~~	110685
~~to fifty per cent of the difference between any desk-reviewed,~~	110686
~~actual, allowable cost of ownership and the applicable limit on~~	110687
~~cost of ownership payments under division (C) of this section. For~~	110688
~~purposes of computing the efficiency incentive, depreciation for~~	110689
~~costs paid or reimbursed by any government agency shall be~~	110690
~~considered as a cost of ownership, and the applicable limit under~~	110691
~~division (C) of this section shall apply both to facilities with~~	110692
~~more than eight beds and facilities with eight or fewer beds. The~~	110693
~~efficiency incentive paid to a provider for a facility with eight~~	110694
~~or fewer beds shall not exceed three dollars per patient day,~~	110695
~~adjusted annually for the inflation rate for the twelve-month~~	110696
~~period beginning on the first day of July of the calendar year~~	110697
~~preceding the calendar year that precedes the fiscal year for~~	110698
~~which the efficiency incentive is determined and ending on the~~	110699
~~thirtieth day of the following June, using the consumer price~~	110700
~~index for shelter costs for all urban consumers for the north~~	110701
~~central region, as published by the United States bureau of labor~~	110702
~~statistics.~~	110703

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	110704
rates for ~~intermediate care facilities for the mentally retarded~~	110705
ICFs/IID with more than eight beds shall not exceed the following	110706
limits:	110707

(1) For ~~facilities~~ICFs/IID with dates of licensure prior to	110708
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	110709
~~patient day~~;	110710

(2) For ~~facilities~~ICFs/IID with dates of licensure after	110711
December 31, l957, but prior to January 1, l968, not exceeding:	110712

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	110713
of construction was three thousand five hundred dollars or more	110714
per bed;	110715

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	110716
of construction was less than three thousand five hundred dollars	110717
per bed.	110718

(3) For ~~facilities~~ICFs/IID with dates of licensure after	110719
December 31, l967, but prior to January 1, l976, not exceeding:	110720

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	110721
of construction was five thousand one hundred fifty dollars or	110722
more per bed;	110723

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	110724
of construction was less than five thousand one hundred fifty	110725
dollars per bed, but exceeds three thousand five hundred dollars	110726
per bed;	110727

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	110728
of construction was three thousand five hundred dollars or less	110729
per bed.	110730

(4) For ~~facilities~~ICFs/IID with dates of licensure after	110731
December 31, l975, but prior to January 1, l979, not exceeding:	110732

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	110733
of construction was six thousand eight hundred dollars or more per	110734
bed;	110735

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	110736
of construction was less than six thousand eight hundred dollars	110737
per bed but exceeds five thousand one hundred fifty dollars per	110738
bed;	110739

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	110740
of construction was five thousand one hundred fifty dollars or	110741
less per bed, but exceeds three thousand five hundred dollars per	110742
bed;	110743

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	110744
of construction was three thousand five hundred dollars or less	110745
per bed.	110746

(5) For ~~facilities~~ICFs/IID with dates of licensure after	110747
December 31, l978, but prior to January 1, l980, not exceeding:	110748

(a) Six dollars ~~per patient day~~ if the cost of construction	110749
was seven thousand six hundred twenty-five dollars or more per	110750
bed;	110751

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	110752
of construction was less than seven thousand six hundred	110753
twenty-five dollars per bed but exceeds six thousand eight hundred	110754
dollars per bed;	110755

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	110756
of construction was six thousand eight hundred dollars or less per	110757
bed but exceeds five thousand one hundred fifty dollars per bed;	110758

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	110759
of construction was five thousand one hundred fifty dollars or	110760
less but exceeds three thousand five hundred dollars per bed;	110761

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	110762
of construction was three thousand five hundred dollars or less	110763
per bed.	110764

(6) For ~~facilities~~ICFs/IID with dates of licensure after	110765
December 31, 1979, but prior to January 1, 1981, not exceeding:	110766

(a) Twelve dollars ~~per patient day~~ if the beds were	110767
originally licensed as residential facility beds by the department	110768
of developmental disabilities;	110769

(b) Six dollars ~~per patient day~~ if the beds were originally	110770
licensed as nursing home beds by the department of health.	110771

(7) For ~~facilities~~ICFs/IID with dates of licensure after	110772
December 31, 1980, but prior to January 1, 1982, not exceeding:	110773

(a) Twelve dollars ~~per patient day~~ if the beds were	110774
originally licensed as residential facility beds by the department	110775
of developmental disabilities;	110776

(b) Six dollars and forty-five cents ~~per patient day~~ if the	110777
beds were originally licensed as nursing home beds by the	110778
department of health.	110779

(8) For ~~facilities~~ICFs/IID with dates of licensure after	110780
December 31, 1981, but prior to January 1, 1983, not exceeding:	110781

(a) Twelve dollars ~~per patient day~~ if the beds were	110782
originally licensed as residential facility beds by the department	110783
of developmental disabilities;	110784

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	110785
beds were originally licensed as nursing home beds by the	110786
department of health.	110787

(9) For ~~facilities~~ICFs/IID with dates of licensure after	110788
December 31, 1982, but prior to January 1, 1984, not exceeding:	110789

(a) Twelve dollars ~~per patient day~~ if the beds were	110790
originally licensed as residential facility beds by the department	110791
of developmental disabilities;	110792

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	110793
were originally licensed as nursing home beds by the department of	110794
health.	110795

(10) For ~~facilities~~ICFs/IID with dates of licensure after	110796
December 31, 1983, but prior to January 1, 1985, not exceeding:	110797

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	110798
the beds were originally licensed as residential facility beds by	110799
the department of developmental disabilities;	110800

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	110801
the beds were originally licensed as nursing home beds by the	110802
department of health.	110803

(11) For ~~facilities~~ICFs/IID with dates of licensure after	110804
December 31, 1984, but prior to January 1, 1986, not exceeding:	110805

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	110806
the beds were originally licensed as residential facility beds by	110807
the department of developmental disabilities;	110808

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	110809
were originally licensed as nursing home beds by the department of	110810
health.	110811

(12) For ~~facilities~~ICFs/IID with dates of licensure after	110812
December 31, 1985, but prior to January 1, 1987, not exceeding:	110813

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	110814
beds were originally licensed as residential facility beds by the	110815
department of developmental disabilities;	110816

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	110817
were originally licensed as nursing home beds by the department of	110818
health.	110819

(13) For ~~facilities~~ICFs/IID with dates of licensure after	110820
December 31, 1986, but prior to January 1, 1988, not exceeding:	110821

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	110822
the beds were originally licensed as residential facility beds by	110823
the department of developmental disabilities;	110824

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	110825
the beds were originally licensed as nursing home beds by the	110826
department of health.	110827

(14) For ~~facilities~~ICFs/IID with dates of licensure after	110828
December 31, 1987, but prior to January 1, 1989, not exceeding	110829
thirteen dollars and twenty-six cents ~~per patient day~~;	110830

(15) For ~~facilities~~ICFs/IID with dates of licensure after	110831
December 31, 1988, but prior to January 1, 1990, not exceeding	110832
thirteen dollars and forty-six cents ~~per patient day~~;	110833

(16) For ~~facilities~~ICFs/IID with dates of licensure after	110834
December 31, 1989, but prior to January 1, 1991, not exceeding	110835
thirteen dollars and sixty cents ~~per patient day~~;	110836

(17) For ~~facilities~~ICFs/IID with dates of licensure after	110837
December 31, 1990, but prior to January 1, 1992, not exceeding	110838
thirteen dollars and forty-nine cents ~~per patient day~~;	110839

(18) For ~~facilities~~ICFs/IID with dates of licensure after	110840
December 31, 1991, but prior to January 1, 1993, not exceeding	110841
thirteen dollars and sixty-seven cents ~~per patient day~~;	110842

(19) For ~~facilities~~ICFs/IID with dates of licensure after	110843
December 31, 1992, not exceeding fourteen dollars and twenty-eight	110844
cents ~~per patient day~~.	110845

(C)(1) The costs of ownership per diem payment rate for an	110846
ICF/IID with eight or fewer beds shall not exceed the following	110847
limits:	110848

(a) Eighteen dollars and thirty cents as adjusted for	110849
inflation pursuant to division (C)(2) of this section if any of	110850
the following apply to the ICF/IID:	110851

(i) The ICF/IID has a date of licensure, or was granted	110852
project authorization by the department of developmental	110853
disabilities, before July 1, 1993.	110854

(ii) The ICF/IID has a date of licensure, or was granted	110855
project authorization by the department, on or after July 1, 1993,	110856
and the provider demonstrates that the provider made substantial	110857
commitments of funds for the ICF/IID before that date.	110858

(iii) The ICF/IID has a date of licensure, or was granted	110859
project authorization by the department, on or after July 1, 1993,	110860
the provider made no substantial commitment of funds for the	110861
ICF/IID before that date, and the department of job and family	110862
services or department of developmental disabilities gave prior	110863
approval for the ICF/IID's construction.	110864

(b) If division (C)(1)(a) of this section does not apply to	110865
the ICF/IID, the amount that would apply to the ICF/IID under	110866
division (B) of this section if it had more than eight beds.	110867

(2) The eighteen-dollar and thirty-cent payment rate	110868
specified in division (C)(1)(a) of this section shall be increased	110869
as follows:	110870

(a) For the period beginning June 30, 1990, and ending July	110871
1, 1993, by the change in the "Dodge building cost indexes,	110872
northeastern and north central states," published by Marshall and	110873
Swift;	110874

(b) For each fiscal year thereafter, in accordance with	110875
division (G) of this section.	110876

(D)(1) Beginning January 1, 1981, regardless of the original	110877
date of licensure, the ~~department of job and family services shall~~	110878
~~pay a~~payment rate for the per diem capitalized costs of	110879
nonextensive renovations ~~to intermediate care facilities for the~~	110880
~~mentally retarded~~ made after January 1, l981, to a qualifying	110881
ICF/IID, shall not ~~exceeding~~exceed six dollars per ~~patient~~	110882
medicaid day using 1980 as the base year and adjusting the amount	110883
annually until June 30, 1993, for fluctuations in construction	110884
costs calculated by the department using the "Dodge building cost	110885
indexes, northeastern and north central states," published by	110886
Marshall and Swift. The payment rate shall be further adjusted in	110887
accordance with division (G) of this section. The payment provided	110888
for in this division is the only payment that shall be made for	110889
~~the~~an ICF/IID's capitalized costs of a nonextensive ~~renovation~~	110890
~~of an intermediate care facility for the mentally retarded~~	110891
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	110892
renovations shall not be included in ~~cost~~costs of ownership, and	110893
~~a nonextensive renovation~~ shall not affect the date of licensure	110894
for purposes of division (B) or (C) of this section. This division	110895
applies to nonextensive renovations regardless of whether they are	110896
made by an owner or a lessee. If the tenancy of a lessee that has	110897
made nonextensive renovations ends before the depreciation expense	110898
for the ~~renovation~~ costs of nonextensive renovations has been	110899
fully reported, the former lessee shall not report the	110900
undepreciated balance as an expense.	110901

~~For a nonextensive renovation to qualify~~(2) An ICF/IID	110902
qualifies for a payment ~~under this division, both~~for costs of	110903
nonextensive renovations if all of the following ~~conditions must~~	110904
~~be met~~apply:	110905

~~(1)~~(a) Either of the following applies:

110906

(i) The ICF/IID has more than eight beds and either the	110907
department approved the nonextensive renovation before July 1,	110908
2013, or the nonextensive renovation is part of a project that	110909
results in the ICF/IID becoming a downsized ICF/IID or partially	110910
converted ICF/IID.	110911

(ii) The ICF/IID has eight or fewer beds.

110912

(b) At least five years have elapsed since the ICF/IID's date	110913
of licensure or date of an extensive renovation of the portion of	110914
the ~~facility~~ICF/IID that is proposed to be nonextensively	110915
renovated, ~~except that this condition does not apply if~~unless the	110916
nonextensive renovation is necessary to meet the requirements of	110917
federal, state, or local statutes, ordinances, rules, or policies.	110918

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	110919
~~department of job and family services. The provider shall submit~~	110920
of the ICF/IID does both of the following:	110921

(i) Submits to the department a plan that describes in detail	110922
the changes in capital assets to be accomplished by means of the	110923
nonextensive renovation and the timetable for completing the	110924
project~~. The time for completion of the project~~, which shall be no	110925
not more than eighteen months after the nonextensive renovation	110926
begins;	110927

(ii) Obtains prior approval from the department for the	110928
nonextensive renovation. ~~The~~	110929

(3) The director of ~~job and family services~~developmental	110930
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	110931
the Revised Code that specify criteria and procedures for prior	110932
approval of nonextensive renovation and extensive renovation	110933
projects. No provider shall separate a project with the intent to	110934
evade the characterization of the project as a nonextensive	110935
renovation or as an extensive renovation. No provider shall	110936
increase the scope of a project after it is approved by the	110937
department ~~of job and family services~~ unless the increase in scope	110938
is approved by the department.	110939

(E)(1) Subject to division (E)(2) of this section, an	110940
ICF/IID's per medicaid day efficiency incentive payment rate shall	110941
equal the following percentage of the difference between the	110942
ICF/IID's desk-reviewed, actual, allowable per diem costs of	110943
ownership and the applicable limit on costs of ownership payment	110944
rates established by division (B) of this section:	110945

(a) In the case of an ICF/IID with more than eight beds, the	110946
following percentage:	110947

(i) Fifty per cent for fiscal year 2014;

110948

(ii) Fifty per cent for fiscal year 2015 and each fiscal year	110949
thereafter if the provider of the ICF/IID obtains the department's	110950
approval to become a downsized ICF/IID and the approval is	110951
conditioned on the downsizing being completed not later than July	110952
1, 2018;	110953

(iii) Twenty-five per cent;

110954

(b) In the case of an ICF/IID with eight or fewer beds, fifty	110955
per cent.	110956

(2) The efficiency incentive payment rate for an ICF/IID with	110957
eight or fewer beds shall not exceed three dollars per medicaid	110958
day, adjusted annually in accordance with division (G) of this	110959
section. For the purpose of determining an ICF/IID's efficiency	110960
incentive payment rate, both of the following apply:	110961

(a) Depreciation for costs paid or reimbursed by any	110962
government agency shall be considered as a cost of ownership;	110963

(b) The applicable limit under division (B) of this section	110964
shall apply both to ICFs/IID with more than eight beds and	110965
ICFs/IID with eight or fewer beds.	110966

(F) An ICF/IID's return on net equity shall be determined at	110967
the rate of one and one-half times the average of interest rates	110968
on special issues of public debt obligations issued to the federal	110969
hospital insurance trust fund for the cost reporting period. In	110970
determining an ICF/IID's rate for return on net equity, the	110971
department shall use the greater of the ICF/IID's inpatient days	110972
during the applicable cost reporting period or the number of	110973
inpatient days the ICF/IID would have had during that period if	110974
the ICF/IID's occupancy rate had been ninety-five per cent. No	110975
ICF/IID's rate for return on net equity shall exceed one dollar	110976
per medicaid day. No ICF/IID's rate for capital costs shall	110977
include a rate for return on net equity beginning July 1, 2014.	110978

(G) The amounts specified in divisions (B), (C) ~~and~~, (D), and	110979
(E) of this section shall be adjusted beginning July 1, 1993, for	110980
the estimated inflation rate for the twelve-month period beginning	110981
on the first day of July of the calendar year immediately	110982
preceding the calendar year that immediately precedes the fiscal	110983
year for which rate will be paid and ending on the thirtieth day	110984
of the following June, using the consumer price index for shelter	110985
costs for all urban consumers for the ~~north central~~midwest	110986
region, as published by the United States bureau of labor	110987
statistics.	110988

~~(F)(1) For facilities of eight or fewer beds that have dates~~	110989
~~of licensure or have been granted project authorization by the~~	110990
~~department of developmental disabilities before July 1, 1993, and~~	110991
~~for facilities of eight or fewer beds that have dates of licensure~~	110992
~~or have been granted project authorization after that date if the~~	110993
~~providers of the facilities demonstrate that they made substantial~~	110994
~~commitments of funds on or before that date, cost of ownership~~	110995
~~shall not exceed eighteen dollars and thirty cents per resident~~	110996
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	110997
~~increased by the change in the "Dodge building cost indexes,~~	110998
~~northeastern and north central states," published by Marshall and~~	110999
~~Swift, during the period beginning June 30, 1990, and ending July~~	111000
~~1, 1993, and by the change in the consumer price index for shelter~~	111001
~~costs for all urban consumers for the north central region, as~~	111002
~~published by the United States bureau of labor statistics,~~	111003
~~annually thereafter.~~	111004

~~(2) For facilities with eight or fewer beds that have dates~~	111005
~~of licensure or have been granted project authorization by the~~	111006
~~department of developmental disabilities on or after July 1, 1993,~~	111007
~~for which substantial commitments of funds were not made before~~	111008
~~that date, cost of ownership payments shall not exceed the~~	111009
~~applicable amount calculated under division (F)(1) of this~~	111010
~~section, if the department of job and family services gives prior~~	111011
~~approval for construction of the facility. If the department does~~	111012
~~not give prior approval, cost of ownership payments shall not~~	111013
~~exceed the amount specified in division (C) of this section.~~	111014

~~(3)~~(H) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	111015
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	111016
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	111017
costs of nonextensive renovations, and the efficiency incentive	111018
for an ~~intermediate care facility for the mentally retarded~~	111019
ICF/IID with eight or fewer beds shall not exceed the sum of the	111020
limitations specified in divisions (C) and (D) of this section.	111021

~~(G) Notwithstanding any provision of this section or section~~	111022
~~5111.241 of the Revised Code, the director of job and family~~	111023
~~services may adopt rules under section 5111.02 of the Revised Code~~	111024
~~that provide for a calculation of a combined maximum payment limit~~	111025
~~for indirect care costs and cost of ownership for intermediate~~	111026
~~care facilities for the mentally retarded with eight or fewer~~	111027
~~beds.~~	111028

(H) ~~The department of job and family services shall pay a~~	111029
~~provider for each of the provider's eligible proprietary~~	111030
~~intermediate care facilities for the mentally retarded a return on~~	111031
~~the facility's net equity computed at the rate of one and one-half~~	111032
~~times the average of interest rates on special issues of public~~	111033
~~debt obligations issued to the federal hospital insurance trust~~	111034
~~fund for the cost reporting period. No facility's return on net~~	111035
~~equity paid under this division shall exceed one dollar per~~	111036
~~patient day.~~	111037

~~In calculating the rate for return on net equity, the~~	111038
~~department shall use the greater of the facility's inpatient days~~	111039
~~during the applicable cost reporting period or the number of~~	111040
~~inpatient days the facility would have had during that period if~~	111041
~~its occupancy rate had been ninety-five per cent.~~	111042

(I)(1) For the purpose of determining ICFs/IID's medicaid	111043
payment rates for capital costs:	111044

(a) Buildings shall be depreciated using the straight line	111045
method over forty years or over a different period approved by the	111046
department.	111047

(b) Components and equipment shall be depreciated using the	111048
straight line method over a period designated by the director of	111049
developmental disabilities in rules adopted under section 5124.03	111050
of the Revised Code, consistent with the guidelines of the	111051
American hospital association, or over a different period approved	111052
by the department.	111053

(2) Any rules authorized by division (I)(1) of this section	111054
that specify useful lives of buildings, components, or equipment	111055
apply only to assets acquired on or after July 1, 1993.	111056
Depreciation for costs paid or reimbursed by any government agency	111057
shall not be included in costs of ownership or costs of	111058
nonextensive renovations unless that part of the payment under	111059
this chapter is used to reimburse the government agency.	111060

(J)(1) Except as provided in division ~~(I)~~(J)(2) of this	111061
section, if a provider leases or transfers an interest in a	111062
~~facility~~an ICF/IID to another provider who is a related party,	111063
the related party's allowable ~~cost~~costs of ownership shall	111064
include the lesser of the following:	111065

(a) The annual lease expense or actual cost of ownership,	111066
whichever is applicable;	111067

(b) The reasonable cost to the lessor or provider making the	111068
transfer.	111069

(2) If a provider leases or transfers an interest in a	111070
~~facility~~an ICF/IID to another provider who is a related party,	111071
regardless of the date of the lease or transfer, the related	111072
party's allowable cost of ownership shall include the annual lease	111073
expense or actual cost of ownership, whichever is applicable,	111074
subject to the limitations specified in divisions (B) to ~~(H)~~(I) of	111075
this section, if all of the following conditions are met:	111076

(a) The related party is a relative of owner;

111077

(b) In the case of a lease, if the lessor retains any	111078
ownership interest, it is, except as provided in division	111079
~~(I)~~(J)(2)(d)(ii) of this section, in only the real property and	111080
any improvements on the real property;	111081

(c) In the case of a transfer, the provider making the	111082
transfer retains, except as provided in division ~~(I)~~(J)(2)(d)(iv)	111083
of this section, no ownership interest in the ~~facility~~ICF/IID;	111084

(d) The department ~~of job and family services~~ determines that	111085
the lease or transfer is an arm's length transaction pursuant to	111086
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	111087
The rules shall provide that a lease or transfer is an arm's	111088
length transaction if all of the following, as applicable, apply:	111089

(i) In the case of a lease, once the lease goes into effect,	111090
the lessor has no direct or indirect interest in the lessee or,	111091
except as provided in division ~~(I)~~(J)(2)(b) of this section, the	111092
~~facility~~ICF/IID itself, including interest as an owner, officer,	111093
director, employee, independent contractor, or consultant, but	111094
excluding interest as a lessor.	111095

(ii) In the case of a lease, the lessor does not reacquire an	111096
interest in the ~~facility~~ICF/IID except through the exercise of a	111097
lessor's rights in the event of a default. If the lessor	111098
reacquires an interest in the ~~facility~~ICF/IID in this manner, the	111099
department shall treat the ~~facility~~ICF/IID as if the lease never	111100
occurred when the department ~~calculates~~determines its	111101
~~reimbursement rates~~payment rate for capital costs.	111102

(iii) In the case of a transfer, once the transfer goes into	111103
effect, the provider that made the transfer has no direct or	111104
indirect interest in the provider that acquires the ~~facility~~	111105
ICF/IID or the ~~facility~~ICF/IID itself, including interest as an	111106
owner, officer, director, employee, independent contractor, or	111107
consultant, but excluding interest as a creditor.	111108

(iv) In the case of a transfer, the provider that made the	111109
transfer does not reacquire an interest in the ~~facility~~ICF/IID	111110
except through the exercise of a creditor's rights in the event of	111111
a default. If the provider reacquires an interest in the ~~facility~~	111112
ICF/IID in this manner, the department shall treat the ~~facility~~	111113
ICF/IID as if the transfer never occurred when the department	111114
~~calculates~~determines its ~~reimbursement rates~~payment rate for	111115
capital costs.	111116

(v) The lease or transfer satisfies any other criteria	111117
specified in the rules.	111118

(e) Except in the case of hardship caused by a catastrophic	111119
event, as determined by the department, or in the case of a lessor	111120
or provider making the transfer who is at least sixty-five years	111121
of age, not less than twenty years have elapsed since, for the	111122
same ~~facility~~ICF/IID, allowable cost of ownership was determined	111123
most recently under this division.	111124

~~Sec. 5111.23.~~ Sec. 5124.19. (A) ~~The~~(1) For each fiscal year, the	111125
department of ~~job and family services~~developmental disabilities	111126
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111127
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111128
per ~~resident per~~medicaid day payment rate for direct care costs	111129
~~established prospectively for each facility. The department shall~~	111130
~~establish each facility's rate for direct care costs quarterly~~as	111131
follows:	111132

(a) Multiply the lesser of the following by the ICF/IID's	111133
annual average case-mix score determined or assigned under section	111134
5124.192 of the Revised Code for the calendar year immediately	111135
preceding the fiscal year for which the rate will be paid:	111136

(i) The ICF/IID's cost per case-mix unit for the calendar	111137
year immediately preceding the fiscal year for which the rate will	111138
be paid, as determined under division (B) of this section;	111139

(ii) The maximum cost per case-mix unit for the ICF/IID's	111140
peer group for the fiscal year for which the rate will be paid, as	111141
set under division (C) of this section;	111142

(b) Adjust the product determined under division (A)(1)(a) of	111143
this section by the inflation rate estimated under division (D)(1)	111144
of this section and modified under division (D)(2) of this	111145
section.	111146

(2) Except as otherwise directed by law enacted by the	111147
general assembly, the department shall determine each ICF/IID's	111148
rate for direct care costs prospectively.	111149

(B) ~~Each facility's rate for direct care costs shall be based~~	111150
~~on the facility's cost per case-mix unit, subject to the maximum~~	111151
~~costs per case-mix unit established under division (B)(2) of this~~	111152
~~section, from the calendar year preceding the fiscal year in which~~	111153
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	111154
~~all of the following:~~	111155

~~(1) Determine each facility's~~an ICF/IID's cost per case-mix	111156
unit for the calendar year immediately preceding the fiscal year	111157
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	111158
department shall divide the ICF/IID's desk-reviewed, actual,	111159
allowable, per diem direct care costs for that calendar year by	111160
its annual average case-mix score determined under section	111161
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	111162

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	111163
be paid, the department shall set the maximum cost per case-mix	111164
unit for each peer group of ~~intermediate care facilities for the~~	111165
~~mentally retarded~~ICFs/IID with more than eight beds ~~specified in~~	111166
~~rules adopted under division (F) of this section~~ at a percentage	111167
above the cost per case-mix unit ofdetermined under division (B)	111168
of this section for the ~~facility~~ICF/IID in the peer group that	111169
has the peer group's median number of medicaid ~~day~~days for the	111170
calendar year immediately preceding the fiscal year in which the	111171
rate will be paid~~, as calculated under division (B)(1) of this~~	111172
~~section, that is~~. The percentage shall be no less than the	111173
percentage ~~calculated under division (E)(2) of this section~~above	111174
the cost per case-mix unit determined under division (B) of this	111175
section for the ICF/IID that has the median number of medicaid	111176
days for calendar year 1992 for all ICFs/IID with more than eight	111177
beds that would result in payment of all desk-reviewed, actual,	111178
allowable direct care costs for eighty and one-half per cent of	111179
the medicaid days for such ICFs/IID for calendar year 1992.	111180

~~(b) Set~~(2) For each fiscal year for which a rate will be	111181
paid, the department shall set the maximum cost per case-mix unit	111182
for each peer group of ~~intermediate care facilities for the~~	111183
~~mentally retarded~~ICFs/IID with eight or fewer beds ~~specified in~~	111184
~~rules adopted under division (F) of this section~~ at a percentage	111185
above the cost per case-mix unit ofdetermined under division (B)	111186
of this section for the ~~facility~~ICF/IID in the peer group that	111187
has the peer group's median number of medicaid ~~day~~days for the	111188
calendar year immediately preceding the fiscal year in which the	111189
rate will be paid~~, as calculated under division (B)(1) of this~~	111190
~~section, that is~~. The percentage shall be no less than the	111191
percentage ~~calculated under division (E)(3) of this section~~above	111192
the cost per case-mix unit determined under division (B) of this	111193
section for the ICF/IID that has the median number of medicaid	111194
days for calendar year 1992 for all ICFs/IID with eight or fewer	111195
beds that would result in payment of all desk-reviewed, actual,	111196
allowable direct care costs for eighty and one-half per cent of	111197
the medicaid days for such ICFs/IID for calendar year 1992.	111198

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	111199
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	111200
section for each peer group, the department shall exclude from its	111201
~~calculations~~determinations the cost per case-mix unit of any	111202
~~facility~~ICF/IID in the peer group that participated in the	111203
medicaid program under the same ~~operator~~provider for less than	111204
twelve months during the calendar year immediately preceding the	111205
fiscal year in which the rate will be paid.	111206

~~(3) Estimate~~(4) The department shall not reset a peer	111207
group's maximum cost per case-mix unit for a fiscal year under	111208
division (C)(1) or (2) of this section based on additional	111209
information that it receives after it sets the maximum for that	111210
fiscal year. The department shall reset a peer group's maximum	111211
cost per case-mix unit for a fiscal year only if it made an error	111212
in setting the maximum for that fiscal year based on information	111213
available to the department at the time it originally sets the	111214
maximum for that fiscal year.	111215

(D)(1) The department shall estimate the rate of inflation	111216
for the eighteen-month period beginning on the first day of July	111217
of the calendar year preceding the fiscal year in which ~~the~~a rate	111218
will be paid and ending on the thirty-first day of December of the	111219
fiscal year in which the rate will be paid, using the ~~index~~	111220
~~specified in division (C) of this section. If the estimated~~	111221
~~inflation rate for the eighteen-month period is different from the~~	111222
~~actual inflation rate for that period, as measured using the same~~	111223
~~index, the difference shall be added to or subtracted from the~~	111224
~~inflation rate estimated under division (B)(3) of this section for~~	111225
~~the following fiscal year.~~	111226

~~(4) The department shall not recalculate a maximum cost per~~	111227
~~case-mix unit under division (B)(2) of this section or a~~	111228
~~percentage under division (E) of this section based on additional~~	111229
~~information that it receives after the maximum costs per case-mix~~	111230
~~unit or percentages are set. The department shall recalculate a~~	111231
~~maximum cost per case-mix units or percentage only if it made an~~	111232
~~error in computing the maximum cost per case-mix unit or~~	111233
~~percentage based on information available at the time of the~~	111234
~~original calculation.~~	111235

~~(C) The department shall use the~~ following ~~index for the~~	111236
~~purpose of division (B)(3) of this section~~:	111237

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	111238
the employment cost index for total compensation, health ~~services~~	111239
care and social assistance component, published by the United	111240
States bureau of labor statistics;	111241

~~(2)~~(b) If the United States bureau of labor statistics ceases	111242
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	111243
section, the index that is subsequently published by the bureau	111244
and covers ~~nursing facilities'~~the staff costs of ICFs/IID.	111245

~~(D) Each facility's rate for direct care costs shall be~~	111246
~~determined as follows for each calendar quarter within a fiscal~~	111247
~~year:~~	111248

~~(1) Multiply the lesser of the following by the facility's~~	111249
~~average case-mix score determined under section 5111.232 of the~~	111250
~~Revised Code for the calendar quarter that preceded the~~	111251
~~immediately preceding calendar quarter:~~	111252

~~(a) The facility's cost per case-mix unit for the calendar~~	111253
~~year preceding the fiscal year in which the rate will be paid, as~~	111254
~~determined under division (B)(1) of this section;~~	111255

~~(b) The maximum cost per case-mix unit established for the~~	111256
~~fiscal year in which the rate will be paid for the facility's peer~~	111257
~~group under division (B)(2) of this section;~~	111258

~~(2) Adjust the product determined under division (D)(1) of~~	111259
~~this section by the inflation rate estimated under division (B)(3)~~	111260
~~of this section.~~	111261

~~(E)(1) The department shall calculate the percentage above~~	111262
~~the median cost per case-mix unit determined under division (B)(1)~~	111263
~~of this section for the facility that has the median medicaid day~~	111264
~~for calendar year 1992 for all intermediate care facilities for~~	111265
~~the mentally retarded with more than eight beds that would result~~	111266
~~in payment of all desk-reviewed, actual, allowable direct care~~	111267
~~costs for eighty and one-half per cent of the medicaid days for~~	111268
~~such facilities for calendar year 1992.~~	111269

~~(2) The department shall calculate the percentage above the~~	111270
~~median cost per case-mix unit determined under division (B)(1) of~~	111271
~~this section for the facility that has the median medicaid day for~~	111272
~~calendar year 1992 for all intermediate care facilities for the~~	111273
~~mentally retarded with eight or fewer beds that would result in~~	111274
~~payment of all desk-reviewed, actual, allowable direct care costs~~	111275
~~for eighty and one-half per cent of the medicaid days for such~~	111276
~~facilities for calendar year 1992.~~	111277

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	111278
period specified in division (D)(1) of this section is different	111279
from the actual inflation rate for that period, as measured using	111280
the same index, the difference shall be added to or subtracted	111281
from the inflation rate estimated under division (D)(1) of this	111282
section for the following fiscal year.	111283

(E) The director of ~~job and family services~~developmental	111284
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111285
the Revised Code that specify peer groups of ~~intermediate care~~	111286
~~facilities for the mentally retarded~~ICFs/IID with more than eight	111287
beds and ~~intermediate care facilities for the mentally retarded~~	111288
peer groups of ICFs/IID with eight or fewer beds, based on	111289
findings of significant per diem direct care cost differences due	111290
to geography and ~~facility~~ bed-size. The rules also may specify	111291
peer groups based on findings of significant per diem direct care	111292
cost differences due to other factors which may include case-mix.	111293

~~(G) The department, in accordance with division (D) of~~	111294
~~section 5111.232 of the Revised Code and rules adopted under~~	111295
~~division (F) of that section, may assign case-mix scores or costs~~	111296
~~per case-mix unit if a provider fails to submit assessment data~~	111297
~~necessary to calculate an intermediate care facility for the~~	111298
~~mentally retarded's case-mix score in accordance with that~~	111299
~~section.~~	111300

Sec. 5124.191. Each calendar quarter, each ICF/IID provider	111301
shall compile complete assessment data for each resident of each	111302
of the provider's ICFs/IID, regardless of payment source, who is	111303
in the ICF/IID, or on hospital or therapeutic leave from the	111304
ICF/IID, on the last day of the quarter. A resident assessment	111305
instrument specified in rules adopted under section 5124.03 of the	111306
Revised Code shall be used to compile the resident assessment	111307
data. Each provider shall submit the resident assessment data to	111308
the department of developmental disabilities not later than	111309
fifteen days after the end of the calendar quarter for which the	111310
data is compiled. The resident assessment data shall be submitted	111311
to the department through the medium or media specified in rules	111312
adopted under section 5124.03 of the Revised Code.	111313

Sec. 5124.192. (A) Except as provided in division (B) of	111314
this section, the department of developmental disabilities shall	111315
do both of the following:	111316

(1) For each calendar quarter, determine a case-mix score for	111317
each ICF/IID using the resident assessment data submitted to the	111318
department under section 5124.191 of the Revised Code and the	111319
grouper methodology prescribed in rules authorized by this	111320
section;	111321

(2) After the end of each calendar year and in accordance	111322
with rules authorized by this section, determine an annual average	111323
case-mix score for each ICF/IID using the ICF/IID's quarterly	111324
case-mix scores for that calendar year.	111325

(B)(1) Subject to division (B)(2) of this section, the	111326
department, for one or more months of a calendar quarter, may	111327
assign to an ICF/IID a case-mix score that is five per cent less	111328
than the ICF/IID's case-mix score for the immediately preceding	111329
calendar quarter if any of the following apply:	111330

(a) The provider does not timely submit complete and accurate	111331
resident assessment data necessary to determine the ICF/IID's	111332
case-mix score for the calendar quarter;	111333

(b) The ICF/IID was subject to an exception review under	111334
section 5124.193 of the Revised Code for the immediately preceding	111335
calendar quarter;	111336

(c) The ICF/IID was assigned a case-mix score for the	111337
immediately preceding calendar quarter.	111338

(2) Before assigning a case-mix score to an ICF/IID due to	111339
the submission of incorrect resident assessment data, the	111340
department shall permit the provider to correct the data. The	111341
department may assign the case-mix score if the provider fails to	111342
submit the corrected resident assessment data not later than	111343
forty-five days after the end of the calendar quarter to which the	111344
data pertains or later due date specified in rules authorized by	111345
this section.	111346

(3) If, for more than six months during a calendar year, a	111347
provider is paid a rate determined for an ICF/IID using a case-mix	111348
score assigned to the ICF/IID under division (B)(1) of this	111349
section, the department may assign the ICF/IID a cost per case-mix	111350
unit that is five per cent less than the ICF/IID's actual or	111351
assigned cost per case-mix unit for the immediately preceding	111352
calendar year. The department may use the assigned cost per	111353
case-mix unit, instead of determining the ICF/IID's actual cost	111354
per case-mix unit in accordance with section 5124.19 of the	111355
Revised Code, to establish the ICF/IID's rate for direct care	111356
costs for the fiscal year immediately following the calendar year	111357
for which the cost per case-mix unit is assigned.	111358

(4) The department shall take action under division (B)(1),	111359
(2), or (3) of this section only in accordance with rules	111360
authorized by this section. The department shall not take an	111361
action that affects medicaid payment rates for prior payment	111362
periods except in accordance with sections 5124.41 and 5124.42 of	111363
the Revised Code.	111364

(C) The director of developmental disabilities shall adopt	111365
rules under section 5124.03 of the Revised Code as necessary to	111366
implement this section.	111367

(1) The rules shall do all of the following:

111368

(a) Prescribe a grouper methodology to be used when	111369
determining the case-mix scores for ICFs/IID;	111370

(b) Specify the process for determining the annual average	111371
case-mix scores for ICFs/IID;	111372

(c) Establish procedures under which resident assessment data	111373
is to be reviewed for accuracy and providers are to be notified of	111374
any data that requires correction;	111375

(d) Establish procedures for providers to correct resident	111376
assessment data and, if necessary, specify a due date for	111377
corrections that is later than the due date specified in division	111378
(B)(2) of this section.	111379

(e) Specify when and how the department will assign a	111380
case-mix score or cost per case-mix unit to an ICF/IID under	111381
division (B) of this section if information necessary to calculate	111382
the ICF/IID's case-mix score is not provided or corrected in	111383
accordance with the procedures established by the rules.	111384

(2) Notwithstanding any other provision of this chapter, the	111385
rules may provide for excluding case-mix scores assigned to an	111386
ICF/IID under division (B) of this section from the determination	111387
of the ICF/IID's annual average case-mix score and the maximum	111388
cost per case-mix unit for the ICF/IID's peer group.	111389

Sec. 5124.193. (A) The department of developmental	111390
disabilities may, pursuant to rules authorized by this section,	111391
conduct an exception review of resident assessment data submitted	111392
by an ICF/IID provider under section 5124.191 of the Revised Code.	111393
The department may conduct an exception review based on the	111394
findings of a medicaid certification survey conducted by the	111395
department of health, a risk analysis, or prior performance of the	111396
provider.	111397

Exception reviews shall be conducted at the ICF/IID by	111398
appropriate health professionals under contract with or employed	111399
by the department. The professionals may review resident	111400
assessment forms and supporting documentation, conduct interviews,	111401
and observe residents to identify any patterns or trends of	111402
inaccurate resident assessments and resulting inaccurate case-mix	111403
scores.	111404

(B) If an exception review is conducted before the effective	111405
date of an ICF/IID's rate for direct care costs that is based on	111406
the resident assessment data being reviewed and the review results	111407
in findings that exceed tolerance levels specified in the rules	111408
authorized by this section, the department, in accordance with the	111409
rules authorized by this section, may use the findings to	111410
redetermine individual resident case-mix scores, the ICF/IID's	111411
case-mix score for the quarter, and the ICF/IID's annual average	111412
case-mix score. The department may use the ICF/IID's redetermined	111413
quarterly and annual average case-mix scores to determine the	111414
ICF/IID's rate for direct care costs for the appropriate calendar	111415
quarter or quarters.	111416

(C) The department shall prepare a written summary of any	111417
exception review finding that is made after the effective date of	111418
an ICF/IID's rate for direct care costs that is based on the	111419
resident assessment data that was reviewed. Where the provider is	111420
pursuing judicial or administrative remedies in good faith	111421
regarding the finding, the department shall not withhold from the	111422
provider's current payments any amounts the department claims to	111423
be due from the provider pursuant to section 5124.41 of the	111424
Revised Code.	111425

(D)(1) The director of developmental disabilities shall adopt	111426
rules under section 5124.03 of the Revised Code as necessary to	111427
implement this section. The rules shall establish an exception	111428
review program that does all of the following:	111429

(a) Requires each exception review to comply with Title XIX;

111430

(b) Requires a written summary for each exception review that	111431
states whether resident assessment forms have been completed	111432
accurately;	111433

(c) Prohibits each health professional who conducts an	111434
exception review from doing either of the following:	111435

(i) During the period of the professional's contract or	111436
employment with the department, having or being committed to	111437
acquire any direct or indirect financial interest in the	111438
ownership, financing, or operation of ICFs/IID in this state;	111439

(ii) Reviewing any provider that has been a client of the	111440
professional.	111441

(2) For the purposes of division (D)(1)(c)(i) of this	111442
section, employment of a member of a health professional's family	111443
by an ICF/IID that the professional does not review does not	111444
constitute a direct or indirect financial interest in the	111445
ownership, financing, or operation of the ICF/IID.	111446

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	111447
be part of the direct care costs of an ~~intermediate care facility~~	111448
~~for the mentally retarded~~ICF/IID as off-site day programming if	111449
the area in which the day programming is provided is not certified	111450
by the director of health as an ~~intermediate care facility for the~~	111451
~~mentally retarded~~ICF/IID under Title XIX and regardless of either	111452
of the following:	111453

(A) Whether or not the area in which the day programming is	111454
provided is less than two hundred feet away from the ~~intermediate~~	111455
~~care facility for the mentally retarded~~ICF/IID;	111456

(B) Whether or not the day programming is provided by an	111457
individual who, or organization that, is a related party to the	111458
provider of the ~~intermediate care facility for the mentally~~	111459
~~retarded~~ICF/IID.	111460

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	111461
department of ~~job and family services~~developmental disabilities	111462
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111463
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111464
per ~~resident per~~medicaid day payment rate for indirect care	111465
costs ~~established prospectively each fiscal year for each~~	111466
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	111467
ICF/IID's rate shall be determined prospectively. Subject to	111468
section 5124.28 of the Revised Code, an ICF/IID's rate ~~for each~~	111469
~~intermediate care facility for the mentally retarded~~ shall be the	111470
~~sum of the following, but shall not exceed~~lesser of the	111471
individual rate determined under division (B) of this section and	111472
the maximum rate ~~established~~determined for the ~~facility's~~	111473
ICF/IID's peer group under division ~~(B)~~(C) of this section.	111474

(B) An ICF/IID's individual rate is the sum of the following:

111475

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	111476
allowable, per diem indirect care costs from the calendar year	111477
immediately preceding the fiscal year in which the rate will be	111478
paid, adjusted for the inflation rate estimated under division	111479
~~(C)~~(D)(1) of this section;	111480

(2) AnIf the ICF/IID has more than eight beds, an efficiency	111481
incentive in the following amount:	111482

(a) For fiscal ~~years ending in even-numbered calendar years:~~

111483

~~(i) In the case of intermediate care facilities for the~~	111484
~~mentally retarded withmore than eight beds,~~year 2014, seven and	111485
one-tenth per cent of the maximum rate established for the	111486
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	111487
section;	111488

~~(ii) In the case of intermediate care facilities for the~~	111489
~~mentally retarded with~~(b) For fiscal year 2015, the following	111490
amount:	111491

(i) The amount calculated for fiscal year 2014 under division	111492
(B)(2)(a) of this section if the provider of the ICF/IID obtains	111493
the department's approval to become a downsized ICF/IID and the	111494
approval is conditioned on the downsizing being completed not	111495
later than July 1, 2018;	111496

(ii) One-half of the amount calculated for fiscal year 2014	111497
under division (B)(2)(a) of this section if division (B)(2)(b)(i)	111498
of this section does not apply to the ICF/IID.	111499

(c) For fiscal year 2016 and each fiscal year thereafter	111500
ending in an even-numbered calendar year, the following	111501
percentages of the maximum rate established for the ICF/IID's peer	111502
group under division (C) of this section:	111503

(i) Seven and one-tenth per cent if the provider of the	111504
ICF/IID obtains the department's approval to become a downsized	111505
ICF/IID and the approval is conditioned on the downsizing being	111506
completed not later than July 1, 2018;	111507

(ii) Three and fifty-five hundredths per cent if division	111508
(B)(2)(c)(i) of this section does not apply to the ICF/IID.	111509

(d) For fiscal year 2017 and each fiscal year thereafter	111510
ending in an odd-numbered calendar year, the amount calculated for	111511
the immediately preceding fiscal year under division (B)(2)(c) of	111512
this section.	111513

(3) If the ICF/IID has eight or fewer beds, an efficiency	111514
incentive in the following amount:	111515

(a) For each fiscal year ending in an even-numbered calendar	111516
year, seven per cent of the maximum rate established for the	111517
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	111518
section;	111519

(b) For each fiscal ~~years~~year ending in an odd-numbered	111520
calendar ~~years~~year, the amount calculated for the immediately	111521
preceding fiscal year under division ~~(A)(2)~~(B)(3)(a) of this	111522
section.	111523

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	111524
peer group of ~~intermediate care facilities for the mentally~~	111525
~~retarded~~ICFs/IID with more than eight beds ~~specified in rules~~	111526
~~adopted under division (D) of this section~~ shall be determined as	111527
follows:	111528

(a) For each fiscal ~~years~~year ending in an even-numbered	111529
calendar ~~years~~year, the maximum rate for each such peer group	111530
shall be the rate that is no less than twelve and four-tenths per	111531
cent above the median desk-reviewed, actual, allowable, per diem	111532
indirect care cost for all ~~intermediate care facilities for the~~	111533
~~mentally retarded with more than eight beds~~ICFs/IID in the peer	111534
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	111535
indirect care costs for that period are more than three standard	111536
deviations from the mean desk-reviewed, actual, allowable, per	111537
diem indirect care cost for all ~~intermediate care facilities for~~	111538
~~the mentally retarded~~ICFs/IID with more than eight beds,) for the	111539
calendar year immediately preceding the fiscal year in which the	111540
rate will be paid, adjusted by the inflation rate estimated under	111541
division ~~(C)~~(D)(1) of this section.	111542

(b) For each fiscal ~~years~~year ending in an odd-numbered	111543
calendar ~~years~~year, the maximum rate for each such peer group is	111544
the peer group's maximum rate for the previous fiscal year,	111545
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	111546
of this section.	111547

(2) The maximum rate for indirect care costs for each peer	111548
group of ~~intermediate care facilities for the mentally retarded~~	111549
ICFs/IID with eight or fewer beds ~~specified in rules adopted under~~	111550
~~division (D) of this section~~ shall be determined as follows:	111551

(a) For each fiscal ~~years~~year ending in an even-numbered	111552
calendar ~~years~~year, the maximum rate for each such peer group	111553
shall be the rate that is no less than ten and three-tenths per	111554
cent above the median desk-reviewed, actual, allowable, per diem	111555
indirect care cost for all ~~intermediate care facilities for the~~	111556
~~mentally retarded with eight or fewer beds~~ICFs/IID in the peer	111557
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	111558
indirect care costs are more than three standard deviations from	111559
the mean desk-reviewed, actual, allowable, per diem indirect care	111560
cost for all ~~intermediate care facilities for the mentally~~	111561
~~retarded~~ICFs/IID with eight or fewer beds,) for the calendar year	111562
immediately preceding the fiscal year in which the rate will be	111563
paid, adjusted by the inflation rate estimated under division	111564
~~(C)~~(D)(1) of this section.	111565

(b) For each fiscal ~~years that end~~year ending in an	111566
odd-numbered calendar ~~years~~year, the maximum rate for each such	111567
peer group is the peer group's maximum rate for the previous	111568
fiscal year, adjusted for the inflation rate estimated under	111569
division ~~(C)~~(D)(2) of this section.	111570

(3) The department shall not ~~recalculate~~redetermine a	111571
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	111572
(2) of this section based on additional information that it	111573
receives after the maximum rate is set. The department shall	111574
~~recalculate~~redetermine the maximum rate for indirect care costs	111575
only if it made an error in computing the maximum rate based on	111576
the information available to the department at the time of the	111577
original calculation.	111578

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	111579
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	111580
department shall estimate the rate of inflation for the	111581
eighteen-month period beginning on the first day of July of the	111582
calendar year immediately preceding the fiscal year in which the	111583
rate will be paid and ending on the thirty-first day of December	111584
of the fiscal year in which the rate will be paid. To estimate the	111585
rate of inflation, the department shall use the following:	111586

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	111587
consumer price index for all items for all urban consumers for the	111588
~~north central~~midwest region, published by the United States	111589
bureau of labor statistics;	111590

(b) If the United States bureau of labor statistics ceases to	111591
publish the index specified in division ~~(C)~~(D)(1)(a) of this	111592
section, a comparable index that the bureau publishes and the	111593
department determines is appropriate.	111594

(2) When adjusting rates for inflation under divisions	111595
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	111596
shall estimate the rate of inflation for the twelve-month period	111597
beginning on the first day of January of the fiscal year	111598
immediately preceding the fiscal year in which the rate will be	111599
paid and ending on the thirty-first day of December of the fiscal	111600
year in which the rate will be paid. To estimate the rate of	111601
inflation, the department shall use the following:	111602

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	111603
consumer price index for all items for all urban consumers for the	111604
~~north central~~midwest region, published by the United States	111605
bureau of labor statistics;	111606

(b) If the United States bureau of labor statistics ceases to	111607
publish the index specified in division ~~(C)~~(D)(2)(a) of this	111608
section, a comparable index that the bureau publishes and the	111609
department determines is appropriate.	111610

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	111611
or (2) of this section is different from the actual inflation rate	111612
for the relevant time period, as measured using the same index,	111613
the difference shall be added to or subtracted from the inflation	111614
rate estimated pursuant to this division for the following fiscal	111615
year.	111616

~~(D)~~(E) The director of ~~job and family services~~developmental	111617
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111618
the Revised Code that specify peer groups of ~~intermediate care~~	111619
~~facilities for the mentally retarded~~ICFs/IID with more than eight	111620
beds, and peer groups of ~~intermediate care facilities for the~~	111621
~~mentally retarded~~ICFs/IID with eight or fewer beds, based on	111622
findings of significant per diem indirect care cost differences	111623
due to geography and ~~facility~~ bed-size. The rules also may specify	111624
peer groups based on findings of significant per diem indirect	111625
care cost differences due to other factors, including case-mix.	111626

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	111627
department of ~~job and family services~~developmental disabilities	111628
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111629
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111630
per ~~resident per~~medicaid day payment rate for other protected	111631
costs ~~established prospectively each fiscal year for each~~	111632
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	111633
ICF/IID's rate shall be determined prospectively. An ICF/IID's	111634
rate ~~for each facility~~ shall be the ~~facility's~~ICF/IID's	111635
desk-reviewed, actual, allowable, per diem other protected costs	111636
from the calendar year immediately preceding the fiscal year in	111637
which the rate will be paid, all adjusted for the estimated	111638
inflation rate for the eighteen-month period beginning on the	111639
first day of July of the calendar year immediately preceding the	111640
fiscal year in which the rate will be paid and ending on the	111641
thirty-first day of December of that fiscal year. The department	111642
shall estimate inflation using the index specified in division (B)	111643
of this section. If the estimated inflation rate for the	111644
eighteen-month period is different from the actual inflation rate	111645
for that period, the difference shall be added to or subtracted	111646
from the inflation rate estimated for the following year.	111647

(B) The department shall use the following index for the	111648
purpose of division (A) of this section:	111649

(1) ~~The~~Subject to division (B)(2) of this section, the	111650
consumer price index for all urban consumers for nonprescription	111651
drugs and medical supplies, as published by the United States	111652
bureau of labor statistics;	111653

(2) If the United States bureau of labor statistics ceases to	111654
publish the index specified in division (B)(1) of this section,	111655
the index that is subsequently published by the bureau and covers	111656
nonprescription drugs and medical supplies.	111657

Sec. 5124.25. (A) Subject to division (D) of this section,	111658
the department of developmental disabilities may pay a medicaid	111659
rate add-on to an ICF/IID provider for outlier ICF/IID services	111660
the ICF/IID provides to qualifying ventilator-dependent residents	111661
on or after the effective date of this section, if the provider	111662
applies to the department of developmental disabilities to receive	111663
the rate add-on and the department approves the application. The	111664
department of developmental disabilities may approve a provider's	111665
application if all of the following apply:	111666

(1) The provider submits to the department of developmental	111667
disabilities a best practices protocol for providing outlier	111668
ICF/IID services under this section and the department of	111669
developmental disabilities determines that the protocol is	111670
acceptable;	111671

(2) The provider executes with the department of medicaid an	111672
addendum to its provider agreement for the ICF/IID regarding the	111673
outlier ICF/IID services;	111674

(3) The provider and ICF/IID meet all other eligibility	111675
requirements for the rate add-on established in rules authorized	111676
by this section.	111677

(B) An ICF/IID that has been approved by the department of	111678
developmental disabilities to provider outlier ICF/IID services	111679
under this section shall provide the services in accordance with	111680
both of the following:	111681

(1) The best practices protocol the department of	111682
developmental disabilities determined is acceptable;	111683

(2) Requirements regarding the services established in rules	111684
authorized by this section.	111685

(C) To qualify to receive outlier ICF/IID services from an	111686
ICF/IID under this section, a resident of the ICF/IID must be a	111687
medicaid recipient, be under twenty-two years of age, be dependent	111688
on a ventilator, and meet all other eligibility requirements	111689
established in rules authorized by this section.	111690

(D) The department of developmental disabilities shall	111691
negotiate the amount of the medicaid payment rate add-on, if any,	111692
to be paid under this section, or the method by which that amount	111693
is to be determined, with the department of medicaid. The	111694
department of developmental disabilities shall not pay the rate	111695
add-on unless the department has approved the amount of the rate	111696
add-on or method by which the amount is to be determined.	111697

Sec. 5124.28. Notwithstanding any provision of section	111698
5124.17 or 5124.21 of the Revised Code, the director of	111699
developmental disabilities may adopt rules under section 5124.03	111700
of the Revised Code that provide for the determination of a	111701
combined maximum payment limit for indirect care costs and costs	111702
of ownership for ICFs/IID with eight or fewer beds.	111703

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	111704
section ~~5111.264~~5124.30 of the Revised Code, the department of	111705
~~job and family services~~developmental disabilities, in determining	111706
whether an ~~intermediate care facility for the mentally retarded's~~	111707
ICF/IID's direct care costs and indirect care costs are allowable,	111708
shall place no limit on specific categories of reasonable costs	111709
other than compensation of owners, compensation of relatives of	111710
owners, and compensation of administrators.	111711

Compensation cost limits for owners and relatives of owners	111712
shall be based on compensation costs for individuals who hold	111713
comparable positions but who are not owners or relatives of	111714
owners, as reported on ~~facility~~ICFs/IID's cost reports. As used	111715
in this section, "comparable position" means the position that is	111716
held by the owner or the owner's relative, if that position is	111717
listed separately on the cost report form, or if the position is	111718
not listed separately, the group of positions that is listed on	111719
the cost report form and that includes the position held by the	111720
owner or the owner's relative. In the case of an owner or owner's	111721
relative who serves the ~~facility~~ICFs/IID in a capacity such as	111722
corporate officer, proprietor, or partner for which no comparable	111723
position or group of positions is listed on the cost report form,	111724
the compensation cost limit shall be based on civil service	111725
equivalents and shall be specified in rules adopted under section	111726
~~5111.02~~5124.03 of the Revised Code.	111727

Compensation cost limits for administrators shall be based on	111728
compensation costs for administrators who are not owners or	111729
relatives of owners, as reported on ~~facility~~ICFs/IID's cost	111730
reports. Compensation cost limits for administrators of four or	111731
more ~~intermediate care facilities for the mentally retarded~~	111732
ICFs/IID shall be the same as the limits for administrators of	111733
~~intermediate care facilities for the mentally retarded~~ICFs/IID	111734
with one hundred fifty or more beds.	111735

Sec. 5124.30. Except as provided in section 5124.17 of the	111736
Revised Code, the costs of goods, services, and facilities,	111737
furnished to an ICF/IID provider by a related party are includable	111738
in the allowable costs of the provider at the reasonable cost to	111739
the related party.	111740

Sec. 5124.31. The department of developmental disabilities	111741
shall adjust medicaid payment rates determined under this chapter	111742
to account for reasonable additional costs that must be incurred	111743
by ICFs/IID to comply with requirements of federal or state	111744
statutes, rules, or policies enacted or amended after January 1,	111745
1992, or with orders issued by state or local fire authorities.	111746

Sec. 5124.32. The department of developmental disabilities	111747
shall not reduce an ICF/IID's medicaid payment rate determined	111748
under this chapter on the basis that the provider charges a lower	111749
rate to any resident who is not eligible for medicaid.	111750

Sec. 5124.33. No medicaid payment shall be made to an	111751
ICF/IID provider for the day a medicaid recipient is discharged	111752
from the ICF/IID.	111753

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	111754
of developmental disabilities shall pay an ICF/IID provider ~~of an~~	111755
~~intermediate care facility for the mentally retarded under~~	111756
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	111757
~~payments to the provider, at a rate equal to the percentage~~one	111758
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	111759
~~that the department of job and family services has established~~	111760
payment rate determined for the ~~provider's facility~~ICF/IID under	111761
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	111762
~~year for which the cost of services is reimbursed,~~this chapter to	111763
reserve a bed for a resident who is a medicaid recipient ~~during a~~	111764
~~temporary absence under conditions prescribed by the department,~~	111765
~~to include hospitalization for an acute condition, visits with~~	111766
~~relatives and friends, and participation in therapeutic programs~~	111767
~~outside the facility, when the~~if all of the following apply:	111768

(1) The recipient is temporarily absent from the ICF/IID for	111769
a reason that makes the absence qualified for payments under this	111770
section as specified in rules authorized by this section;	111771

(2) The resident's plan of care provides for ~~such~~the absence	111772
~~and federal~~;	111773

(3) Federal financial participation ~~in the payments~~ is	111774
available for the payments. ~~The~~	111775

(B) The maximum period during which medicaid payments may be	111776
made to reserve a bed shall not exceed the maximum period	111777
specified ~~under~~in federal regulations, and shall not be more	111778
than thirty days during any calendar year for hospital stays,	111779
visits with relatives and friends, and participation in	111780
therapeutic ~~programs.~~	111781

~~Recipients~~programs. However, a resident shall not be subject	111782
to a maximum period during which payments may be made to reserve a	111783
bed ~~in an intermediate care facility for the mentally retarded~~ if	111784
prior authorization of the department is obtained for hospital	111785
stays, visits with relatives and friends, and participation in	111786
therapeutic programs. ~~The~~	111787

(C)(1) The director of ~~job and family services~~developmental	111788
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111789
the Revised Code ~~establishing~~as necessary to implement this	111790
section, including rules that do the following:	111791

(a) Specify the reasons for which a temporary absence from an	111792
ICF/IID makes the absence qualify for payments under this section;	111793

(b) Establish conditions under which prior authorization may	111794
be obtained for the purpose of division (B) of this section.	111795

(2) The rules authorized by division (C)(1)(a) of this	111796
section shall include the following as reasons for which a	111797
temporary absence from an ICF/IID qualifies for payments under	111798
this section:	111799

(a) Hospitalization for acute conditions;

111800

(b) Visits with relatives and friends;

111801

(c) Participation in therapeutic programs outside the	111802
ICF/IID.	111803

Sec. 5124.35. Medicaid payments may be made for ICF/IID	111804
services provided not later than thirty days after the effective	111805
date of an involuntary termination of the ICF/IID that provides	111806
the services if the services are provided to a medicaid recipient	111807
who is eligible for the services and resided in the ICF/IID before	111808
the effective date of the involuntary termination.	111809

Sec. 5124.37. The department of developmental disabilities	111810
shall make its best efforts each year to determine ICFs/IID's	111811
medicaid payment rates under this chapter in time to pay the rates	111812
by August fifteenth of each fiscal year. If the department is	111813
unable to calculate the rates so that they can be paid by that	111814
date, the department shall pay each provider the rate calculated	111815
for the provider's ICFs/IID under those sections at the end of the	111816
previous fiscal year. If the department also is unable to	111817
calculate the rates to make the payments due by the fifteenth day	111818
of September and the fifteenth day of October, the department	111819
shall pay the previous fiscal year's rate to make those payments.	111820
The department may increase by five per cent the previous fiscal	111821
year's rate paid for any ICF/IID pursuant to this section at the	111822
request of the provider. The department shall use rates calculated	111823
for the current fiscal year to make the payments due by the	111824
fifteenth day of November.	111825

If an ICF/IID's medicaid payment rate paid under this section	111826
is lower than the rate calculated for it for the current fiscal	111827
year, the department shall pay the provider the difference between	111828
the two rates for the number of days for which the provider is	111829
paid the lower rate. If an ICF/IID's medicaid payment rate paid	111830
under this section is higher than the rate calculated for it for	111831
the current fiscal year, the provider shall refund to the	111832
department the difference between the two rates for the number of	111833
days for which the provider is paid the higher rate.	111834

Sec. 5124.38. (A) The director of developmental disabilities	111835
shall establish a process under which an ICF/IID provider, or a	111836
group or association of ICF/IID providers, may seek	111837
reconsideration of medicaid payment rates established under this	111838
chapter, including a rate for direct care costs redetermined	111839
before the effective date of the rate as a result of an exception	111840
review conducted under section 5124.193 of the Revised Code.	111841
Except as provided in divisions (B) to (D) of this section, the	111842
only issue that a provider, group, or association may raise in the	111843
rate reconsideration is whether the rate was calculated in	111844
accordance with this chapter and the rules adopted under section	111845
5124.03 of the Revised Code. The provider, group, or association	111846
may submit written arguments or other materials that support its	111847
position. The provider, group, or association and department shall	111848
take actions regarding the rate reconsideration within time frames	111849
specified in rules authorized by this section.	111850

If the department determines, as a result of the rate	111851
reconsideration, that the rate established for one or more	111852
ICFs/IID is less than the rate to which the ICF/IID is entitled,	111853
the department shall increase the rate. If the department has paid	111854
the incorrect rate for a period of time, the department shall pay	111855
the provider of the ICF/IID the difference between the amount the	111856
provider was paid for that period for the ICF/IID and the amount	111857
the provider should have been paid for the ICF/IID.	111858

(B)(1) The department, through the rate reconsideration	111859
process, may increase during a fiscal year the medicaid payment	111860
rate determined for an ICF/IID under this chapter if the provider	111861
demonstrates that the ICF/IID's actual, allowable costs have	111862
increased because of any of the following extreme circumstances:	111863

(a) A natural disaster;

111864

(b) A nonextensive renovation approved under division (D) of	111865
section 5124.17 of the Revised Code;	111866

(c) If the ICF/IID has an appropriate claims management	111867
program, an increase in the ICF/IID's workers' compensation	111868
experience rating of greater than five per cent;	111869

(d) If the ICF/IID is an inner-city ICF/IID, increased	111870
security costs;	111871

(e) A change of ownership that results from bankruptcy,	111872
foreclosure, or findings by the department of health of violations	111873
of medicaid certification requirements;	111874

(f) Other extreme circumstances specified in rules authorized	111875
by this section.	111876

(2) An ICF/IID may qualify for a rate increase under this	111877
division only if its per diem, actual, allowable costs have	111878
increased to a level that exceeds its total rate. An increase	111879
under this division is subject to any rate limitations or maximum	111880
rates established by this chapter for specific cost centers. Any	111881
rate increase granted under this division shall take effect on the	111882
first day of the first month after the department receives the	111883
request.	111884

(C) The department, through the rate reconsideration process,	111885
may increase an ICF/IID's rate as determined under this chapter if	111886
the department, in the department's sole discretion, determines	111887
that the rate as determined under those sections works an extreme	111888
hardship on the ICF/IID.	111889

(D) When beds certified for the medicaid program are added to	111890
an existing ICF/IID or replaced at the same site, the department,	111891
through the rate reconsideration process, may increase the	111892
ICF/IID's rate for capital costs proportionately, as limited by	111893
any applicable limitation under section 5124.17 of the Revised	111894
Code, to account for the costs of the beds that are added or	111895
replaced. If the department makes this increase, it shall make the	111896
increase one month after the first day of the month after the	111897
department receives sufficient documentation of the costs. Any	111898
rate increase granted under this division after June 30, 1993,	111899
shall remain in effect until the effective date of a rate for	111900
capital costs determined under section 5124.17 of the Revised Code	111901
that includes costs incurred for a full calendar year for the bed	111902
addition or bed replacement. The ICF/IID shall report double	111903
accumulated depreciation in an amount equal to the depreciation	111904
included in the rate adjustment on its cost report for the first	111905
year of operation. During the term of any loan used to finance a	111906
project for which a rate adjustment is granted under this	111907
division, if the ICF/IID is operated by the same provider, the	111908
provider shall subtract from the interest costs it reports on its	111909
cost report an amount equal to the difference between the	111910
following:	111911

(1) The actual, allowable interest costs for the loan during	111912
the calendar year for which the costs are being reported;	111913

(2) The actual, allowable interest costs attributable to the	111914
loan that were used to calculate the rates paid to the provider	111915
for the ICF/IID during the same calendar year.	111916

(E) The department's decision at the conclusion of the	111917
reconsideration process is not subject to any administrative	111918
proceedings under Chapter 119. or any other provision of the	111919
Revised Code.	111920

(F) The director of developmental disabilities shall adopt	111921
rules under section 5124.03 of the Revised Code as necessary to	111922
implement this section.	111923

Sec. 5124.40. If an ICF/IID provider properly amends a cost	111924
report for an ICF/IID under section 5124.107 of the Revised Code	111925
and the amended report shows that the provider received a lower	111926
medicaid payment rate under the original cost report than the	111927
provider was entitled to receive, the department of developmental	111928
disabilities shall adjust the provider's rate for the ICF/IID	111929
prospectively to reflect the corrected information. The department	111930
shall pay the adjusted rate beginning two months after the first	111931
day of the month after the provider files the amended cost report.	111932

If the department finds, from an exception review of resident	111933
assessment data conducted pursuant to section 5124.193 of the	111934
Revised Code after the effective date of an ICF/IID's rate for	111935
direct care costs that is based on the resident assessment data,	111936
that inaccurate resident assessment data resulted in the provider	111937
receiving a lower rate for the ICF/IID than the provider was	111938
entitled to receive, the department prospectively shall adjust the	111939
provider's rate for the ICF/IID accordingly. The department shall	111940
make payments to the provider using the adjusted rate for the	111941
remainder of the calendar quarter for which the resident	111942
assessment data is used to determine the rate, beginning one month	111943
after the first day of the month after the exception review is	111944
completed.	111945

Sec. 5124.41. (A) The department of developmental	111946
disabilities shall redetermine a provider's medicaid payment rate	111947
for an ICF/IID using revised information if any of the following	111948
results in a determination that the provider received a higher	111949
medicaid payment rate for the ICF/IID than the provider was	111950
entitled to receive:	111951

(1) The provider properly amends a cost report for the	111952
ICF/IID under section 5124.107 of the Revised Code;	111953

(2) The department makes a finding based on an audit under	111954
section 5124.109 of the Revised Code;	111955

(3) The department makes a finding based on an exception	111956
review of resident assessment data conducted under section	111957
5124.193 of the Revised Code after the effective date of the	111958
ICF/IID's rate for direct care costs that is based on the resident	111959
assessment data.	111960

(B) The department shall apply the redetermined rate to the	111961
periods when the provider received the incorrect rate to determine	111962
the amount of the overpayment. The provider shall refund the	111963
amount of the overpayment. The department may charge the provider	111964
the following amount of interest from the time the overpayment was	111965
made:	111966

(1) If the overpayment resulted from costs reported for	111967
calendar year 1993, the interest shall be not greater than one and	111968
one-half times the current average bank prime rate.	111969

(2) If the overpayment resulted from costs reported for a	111970
subsequent calendar year:	111971

(a) The interest shall be not greater than two times the	111972
current average bank prime rate if the overpayment was not more	111973
than one per cent of the total medicaid payments to the provider	111974
for the fiscal year for which the incorrect information was used	111975
to determine a rate.	111976

(b) The interest shall be not greater than two and one-half	111977
times the current average bank prime rate if the overpayment was	111978
more than one per cent of the total medicaid payments to the	111979
provider for the fiscal year for which the incorrect information	111980
was used to determine a rate.	111981

Sec. 5124.42. In addition to the other penalties authorized	111982
by this chapter, the department of developmental disabilities may	111983
impose the following penalties on an ICF/IID provider:	111984

(A) If the provider does not furnish invoices or other	111985
documentation that the department requests during an audit within	111986
sixty days after the request, a fine of not more than the greater	111987
of the following:	111988

(1) One thousand dollars per audit;

111989

(2) Twenty-five per cent of the cumulative amount by which	111990
the costs for which documentation was not furnished increased the	111991
total medicaid payments to the provider during the fiscal year for	111992
which the costs were used to determine a rate.	111993

(B) If an exiting operator or owner fails to provide notice	111994
of a facility closure or voluntary termination as required by	111995
section 5124.50 of the Revised Code, or an exiting operator or	111996
owner and entering operator fail to provide notice of a change of	111997
operator as required by section 5124.51 of the Revised Code, a	111998
fine of not more than the current average bank prime rate plus	111999
four per cent of the last two monthly payments.	112000

Sec. 5124.43. For the purposes of sections 5124.41 and	112001
5124.42 of the Revised Code, the department of developmental	112002
disabilities shall determine the current average bank prime rate	112003
using statistical release H.15, "selected interest rates," a	112004
weekly publication of the federal reserve board, or any successor	112005
publication. If statistical release H.15, or its successor, ceases	112006
to contain the bank prime rate information or ceases to be	112007
published, the department shall request a written statement of the	112008
average bank prime rate from the federal reserve bank of Cleveland	112009
or the federal reserve board.	112010

Sec. 5124.44. (A) Except as provided in division (B) of this	112011
section, the department of developmental disabilities shall deduct	112012
the following from the next available medicaid payment the	112013
department makes to an ICF/IID provider who continues to	112014
participate in medicaid:	112015

(1) Any amount the provider is required to refund, and any	112016
interest charged, under section 5124.41 of the Revised Code;	112017

(2) The amount of any penalty imposed on the provider under	112018
section 5124.42 of the Revised Code.	112019

(B) The department and an ICF/IID provider may enter into an	112020
agreement under which a deduction required by division (A) of this	112021
section is taken in installments from payments the department	112022
makes to the provider.	112023

Sec. 5124.45. The department of developmental disabilities	112024
shall transmit to the treasurer of state for deposit in the	112025
general revenue fund amounts collected from the following:	112026

(A) Refunds required by, and interest charged under, section	112027
5124.41 of the Revised Code;	112028

(B) Amounts collected from penalties imposed under section	112029
5124.42 of the Revised Code.	112030

Sec. 5124.46. All of the following are subject to an	112031
adjudication conducted in accordance with Chapter 119. of the	112032
Revised Code:	112033

(A) Any audit disallowance that the department of	112034
developmental disabilities makes as the result of an audit under	112035
section 5124.109 of the Revised Code;	112036

(B) Any adverse finding that results from an exception review	112037
of resident assessment data conducted for an ICF/IID under section	112038
5124.193 of the Revised Code after the effective date of the	112039
ICF/IID's medicaid payment rate for direct care costs that is	112040
based on the resident assessment data;	112041

(C) Any medicaid payment deemed an overpayment under section	112042
5124.523 of the Revised Code;	112043

(D) Any penalty the department imposes under section 5124.42	112044
of the Revised Code or section 5124.523 of the Revised Code.	112045

Sec. 5124.50. An exiting operator or owner of an ICF/IID	112046
participating in the medicaid program shall provide the department	112047
of developmental disabilities and department of medicaid written	112048
notice of a facility closure or voluntary termination not less	112049
than ninety days before the effective date of the facility closure	112050
or voluntary termination. The written notice shall be provided to	112051
the department of developmental disabilities and department of	112052
medicaid in accordance with the method specified in rules	112053
authorized by section 5124.53 of the Revised Code.	112054

The written notice shall include all of the following:

112055

(A) The name of the exiting operator and, if any, the exiting	112056
operator's authorized agent;	112057

(B) The name of the ICF/IID that is the subject of the	112058
written notice;	112059

(C) The exiting operator's medicaid provider agreement number	112060
for the ICF/IID that is the subject of the written notice;	112061

(D) The effective date of the facility closure or voluntary	112062
termination;	112063

(E) The signature of the exiting operator's or owner's	112064
representative.	112065

Sec. 5124.51. (A) An exiting operator or owner and entering	112066
operator shall provide the department of developmental	112067
disabilities and department of medicaid written notice of a change	112068
of operator if the ICF/IID participates in the medicaid program	112069
and the entering operator seeks to continue the ICF/IID's	112070
participation. The written notice shall be provided to the	112071
department of developmental disabilities and department of	112072
medicaid in accordance with the method specified in rules	112073
authorized by section 5124.53 of the Revised Code. The written	112074
notice shall be provided to the department of developmental	112075
disabilities and department of medicaid not later than forty-five	112076
days before the effective date of the change of operator if the	112077
change of operator does not entail the relocation of residents.	112078
The written notice shall be provided to the department of	112079
developmental disabilities and department of medicaid not later	112080
than ninety days before the effective date of the change of	112081
operator if the change of operator entails the relocation of	112082
residents.	112083

The written notice shall include all of the following:

112084

(1) The name of the exiting operator and, if any, the exiting	112085
operator's authorized agent;	112086

(2) The name of the ICF/IID that is the subject of the change	112087
of operator;	112088

(3) The exiting operator's seven-digit medicaid legacy number	112089
and ten-digit national provider identifier number for the ICF/IID	112090
that is the subject of the change of operator;	112091

(4) The name of the entering operator;

112092

(5) The effective date of the change of operator;

112093

(6) The manner in which the entering operator becomes the	112094
ICF/IID's operator, including through sale, lease, merger, or	112095
other action;	112096

(7) If the manner in which the entering operator becomes the	112097
ICF/IID's operator involves more than one step, a description of	112098
each step;	112099

(8) Written authorization from the exiting operator or owner	112100
and entering operator for the department of medicaid to process a	112101
provider agreement for the entering operator;	112102

(9) The names and addresses of the persons to whom the	112103
department of developmental disabilities and department of	112104
medicaid should send initial correspondence regarding the change	112105
of operator;	112106

(10) The signature of the exiting operator's or owner's	112107
representative.	112108

(B) An exiting operator or owner and entering operator	112109
immediately shall provide the department of developmental	112110
disabilities and department of medicaid notice of any changes to	112111
information included in a written notice of a change of operator	112112
that occur after that notice is provided to the department of	112113
developmental disabilities and department of medicaid. The notice	112114
of the changes shall be provided to the department of	112115
developmental disabilities and department of medicaid in	112116
accordance with the method specified in rules authorized by	112117
section 5124.53 of the Revised Code.	112118

Sec. 5124.511. The department of medicaid may enter into a	112119
provider agreement with an entering operator that goes into effect	112120
at 12:01 a.m. on the effective date of the change of operator if	112121
all of the following requirements are met:	112122

(A) The department receives a properly completed written	112123
notice required by section 5124.51 of the Revised Code on or	112124
before the date required by that section.	112125

(B) The department receives both of the following in	112126
accordance with the method specified in rules authorized by	112127
section 5124.53 of the Revised Code and not later than ten days	112128
after the effective date of the change of operator:	112129

(1) From the entering operator, a completed application for a	112130
provider agreement and all other forms and documents specified in	112131
rules authorized by section 5124.53 of the Revised Code;	112132

(2) From the exiting operator or owner, all forms and	112133
documents specified in rules authorized by section 5124.53 of the	112134
Revised Code.	112135

(C) The entering operator is eligible to enter into a	112136
provider agreement for the ICF/IID as provided in section 5124.06	112137
of the Revised Code.	112138

Sec. 5124.512. (A) The department of medicaid may enter into	112139
a provider agreement with an entering operator that goes into	112140
effect at 12:01 a.m. on the date determined under division (B) of	112141
this section if all of the following are the case:	112142

(1) The department receives a properly completed written	112143
notice required by section 5124.51 of the Revised Code.	112144

(2) The department receives, from the entering operator and	112145
in accordance with the method specified in rules authorized by	112146
section 5124.53 of the Revised Code, a completed application for a	112147
provider agreement and all other forms and documents specified in	112148
rules adopted under that section.	112149

(3) The department receives, from the exiting operator or	112150
owner and in accordance with the method specified in rules	112151
authorized by section 5124.53 of the Revised Code, all forms and	112152
documents specified in rules adopted under that section.	112153

(4) One or more of the following apply:

112154

(a) The requirement of division (A)(1) of this section is met	112155
after the time required by section 5124.51 of the Revised Code;	112156

(b) The requirement of division (A)(2) of this section is met	112157
more than ten days after the effective date of the change of	112158
operator;	112159

(c) The requirement of division (A)(3) of this section is met	112160
more than ten days after the effective date of the change of	112161
operator.	112162

(5) The entering operator is eligible to enter into a	112163
provider agreement for the ICF/IID as provided in section 5124.06	112164
of the Revised Code.	112165

(B) The department shall determine the date a provider	112166
agreement entered into under this section is to go into effect as	112167
follows:	112168

(1) The effective date shall give the department sufficient	112169
time to process the change of operator and give the department	112170
sufficient time to assure no duplicate payments are made and make	112171
the withholding required by section 5124.521 of the Revised Code.	112172

(2) The effective date shall be not earlier than the latest	112173
of the following:	112174

(a) The effective date of the change of operator;

112175

(b) The date that the entering operator complies with section	112176
5124.51 of the Revised Code and division (A)(2) of this section;	112177

(c) The date that the exiting operator or owner complies with	112178
section 5124.51 of the Revised Code and division (A)(3) of this	112179
section.	112180

(3) The effective date shall be not later than the following	112181
after the later of the dates specified in division (B)(2) of this	112182
section:	112183

(a) Forty-five days if the change of operator does not entail	112184
the relocation of residents;	112185

(b) Ninety days if the change of operator entails the	112186
relocation of residents.	112187

Sec. 5124.513. A provider that enters into a provider	112188
agreement with the department of medicaid under section 5124.511	112189
or 5124.512 of the Revised Code shall do all of the following:	112190

(A) Comply with all applicable federal statutes and	112191
regulations;	112192

(B) Comply with section 5124.07 of the Revised Code and all	112193
other applicable state statutes and rules;	112194

(C) Comply with all the terms and conditions of the exiting	112195
operator's provider agreement, including all of the following:	112196

(1) Any plan of correction;

112197

(2) Compliance with health and safety standards;

112198

(3) Compliance with the ownership and financial interest	112199
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	112200

(4) Compliance with the civil rights requirements of 45	112201
C.F.R. parts 80, 84, and 90;	112202

(5) Compliance with additional requirements imposed by the	112203
department;	112204

(6) Any sanctions relating to remedies for violation of the	112205
provider agreement, including deficiencies, compliance periods,	112206
accountability periods, monetary penalties, notification for	112207
correction of contract violations, and history of deficiencies.	112208

Sec. 5124.514. In the case of a change of operator, the	112209
exiting operator shall be considered to be the operator of the	112210
ICF/IID for purposes of the medicaid program, including medicaid	112211
payments, until the effective date of the entering operator's	112212
provider agreement if the provider agreement is entered into under	112213
section 5124.511 or 5124.512 of the Revised Code.	112214

Sec. 5124.515. The department of medicaid may enter into a	112215
provider agreement as provided in section 5124.07 of the Revised	112216
Code, rather than section 5124.511 or 5124.512 of the Revised	112217
Code, with an entering operator if the entering operator does not	112218
agree to a provider agreement that satisfies the requirements of	112219
division (C) of section 5124.513 of the Revised Code. The	112220
department may not enter into the provider agreement unless the	112221
department of health certifies the ICF/IID under Title XIX. The	112222
effective date of the provider agreement shall not precede any of	112223
the following:	112224

(A) The date that the department of health certifies the	112225
ICF/IID;	112226

(B) The effective date of the change of operator;

112227

(C) The date the requirement of section 5124.51 of the	112228
Revised Code is satisfied.	112229

Sec. 5124.516. The director of developmental disabilities	112230
may adopt rules under section 5124.03 of the Revised Code	112231
governing adjustments to the medicaid reimbursement rate for an	112232
ICF/IID that undergoes a change of operator. No rate adjustment	112233
resulting from a change of operator shall be effective before the	112234
effective date of the entering operator's provider agreement. This	112235
is the case regardless of whether the provider agreement is	112236
entered into under section 5124.511, section 5124.512, or,	112237
pursuant to section 5124.515, section 5124.07 of the Revised Code.	112238

Sec. 5124.517. The department of developmental disabilities'	112239
determination that a change of operator has or has not occurred	112240
for purposes of licensure under section 5123.19 of the Revised	112241
Code shall not affect either of the following:	112242

(A) A determination by the department of developmental	112243
disabilities or department of medicaid of whether or when a change	112244
of operator occurs;	112245

(B) The department of medicaid's determination of the	112246
effective date of an entering operator's provider agreement under	112247
section 5124.511, section 5124.512, or, pursuant to section	112248
5124.515, section 5124.07 of the Revised Code.	112249

Sec. 5124.52. (A) On receipt of a written notice under	112250
section 5124.50 of the Revised Code of a facility closure or	112251
voluntary termination, on receipt of a written notice under	112252
section 5124.51 of the Revised Code of a change of operator, or on	112253
the effective date of an involuntary termination, the department	112254
of developmental disabilities shall estimate the amount of any	112255
overpayments made under the medicaid program to the exiting	112256
operator, including overpayments the exiting operator disputes,	112257
and other actual and potential debts the exiting operator owes or	112258
may owe to the department and United States centers for medicare	112259
and medicaid services under the medicaid program, including a	112260
franchise permit fee.	112261

(B) In estimating the exiting operator's other actual and	112262
potential debts to the department and the United States centers	112263
for medicare and medicaid services under the medicaid program, the	112264
department shall use a debt estimation methodology the director of	112265
developmental disabilities shall establish in rules authorized by	112266
section 5124.53 of the Revised Code. The methodology shall provide	112267
for estimating all of the following that the department determines	112268
are applicable:	112269

(1) Refunds due the department under section 5124.41 of the	112270
Revised Code;	112271

(2) Interest owed to the department and United States centers	112272
for medicare and medicaid services;	112273

(3) Final civil monetary and other penalties for which all	112274
right of appeal has been exhausted;	112275

(4) Money owed the department and United States centers for	112276
medicare and medicaid services from any outstanding final fiscal	112277
audit, including a final fiscal audit for the last fiscal year or	112278
portion thereof in which the exiting operator participated in the	112279
medicaid program;	112280

(5) Other amounts the department determines are applicable.

112281

(C) The department shall provide the exiting operator written	112282
notice of the department's estimate under division (A) of this	112283
section not later than thirty days after the department receives	112284
the notice under section 5124.50 of the Revised Code of the	112285
facility closure or voluntary termination; the department receives	112286
the notice under section 5124.51 of the Revised Code of the change	112287
of operator; or the effective date of the involuntary termination.	112288
The department's written notice shall include the basis for the	112289
estimate.	112290

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	112291
and (D) of this section, the department of developmental	112292
disabilities may withhold from payment due an exiting operator	112293
under the medicaid program the total amount specified in the	112294
notice provided under division (C) of section 5124.52 of the	112295
Revised Code that the exiting operator owes or may owe to the	112296
department and United States centers for medicare and medicaid	112297
services under the medicaid program.	112298

(B) In the case of a change of operator and subject to	112299
division (E) of this section, the following shall apply regarding	112300
a withholding under division (A) of this section if the exiting	112301
operator or entering operator or an affiliated operator executes a	112302
successor liability agreement meeting the requirements of division	112303
(F) of this section:	112304

(1) If the exiting operator, entering operator, or affiliated	112305
operator assumes liability for the total, actual amount of debt	112306
the exiting operator owes the department and the United States	112307
centers for medicare and medicaid services under the medicaid	112308
program as determined under section 5124.525 of the Revised Code,	112309
the department shall not make the withholding.	112310

(2) If the exiting operator, entering operator, or affiliated	112311
operator assumes liability for only the portion of the amount	112312
specified in division (B)(1) of this section that represents the	112313
franchise permit fee the exiting operator owes, the department	112314
shall withhold not more than the difference between the total	112315
amount specified in the notice provided under division (C) of	112316
section 5124.52 of the Revised Code and the amount for which the	112317
exiting operator, entering operator, or affiliated operator	112318
assumes liability.	112319

(C) In the case of a voluntary termination or facility	112320
closure and subject to division (E) of this section, the following	112321
shall apply regarding a withholding under division (A) of this	112322
section if the exiting operator or an affiliated operator executes	112323
a successor liability agreement meeting the requirements of	112324
division (F) of this section:	112325

(1) If the exiting operator or affiliated operator assumes	112326
liability for the total, actual amount of debt the exiting	112327
operator owes the department and the United States centers for	112328
medicare and medicaid services under the medicaid program as	112329
determined under section 5124.525 of the Revised Code, the	112330
department shall not make the withholding.	112331

(2) If the exiting operator or affiliated operator assumes	112332
liability for only the portion of the amount specified in division	112333
(C)(1) of this section that represents the franchise permit fee	112334
the exiting operator owes, the department shall withhold not more	112335
than the difference between the total amount specified in the	112336
notice provided under division (C) of section 5124.52 of the	112337
Revised Code and the amount for which the exiting operator or	112338
affiliated operator assumes liability.	112339

(D) In the case of an involuntary termination and subject to	112340
division (E) of this section, the following shall apply regarding	112341
a withholding under division (A) of this section if the exiting	112342
operator, the entering operator, or an affiliated operator	112343
executes a successor liability agreement meeting the requirements	112344
of division (F) of this section and the department approves the	112345
successor liability agreement:	112346

(1) If the exiting operator, entering operator, or affiliated	112347
operator assumes liability for the total, actual amount of debt	112348
the exiting operator owes the department and the United States	112349
centers for medicare and medicaid services under the medicaid	112350
program as determined under section 5124.525 of the Revised Code,	112351
the department shall not make the withholding.	112352

(2) If the exiting operator, entering operator, or affiliated	112353
operator assumes liability for only the portion of the amount	112354
specified in division (D)(1) of this section that represents the	112355
franchise permit fee the exiting operator owes, the department	112356
shall withhold not more than the difference between the total	112357
amount specified in the notice provided under division (C) of	112358
section 5124.52 of the Revised Code and the amount for which the	112359
exiting operator, entering operator, or affiliated operator	112360
assumes liability.	112361

(E) For an exiting operator or affiliated operator to be	112362
eligible to enter into a successor liability agreement under	112363
division (B), (C), or (D) of this section, both of the following	112364
must apply:	112365

(1) The exiting operator or affiliated operator must have one	112366
or more valid provider agreements, other than the provider	112367
agreement for the ICF/IID that is the subject of the involuntary	112368
termination, voluntary termination, facility closure, or change of	112369
operator;	112370

(2) During the twelve-month period preceding either the	112371
effective date of the involuntary termination or the month in	112372
which the department receives the notice of the voluntary	112373
termination or facility closure under section 5124.50 of the	112374
Revised Code or the notice of the change of operator under section	112375
5124.51 of the Revised Code, the average monthly medicaid payment	112376
made to the exiting operator or affiliated operator pursuant to	112377
the exiting operator's or affiliated operator's one or more	112378
provider agreements, other than the provider agreement for the	112379
ICF/IID that is the subject of the involuntary termination,	112380
voluntary termination, facility closure, or change of operator,	112381
must equal at least ninety per cent of the sum of the following:	112382

(a) The average monthly medicaid payment made to the exiting	112383
operator pursuant to the exiting operator's provider agreement for	112384
the ICF/IID that is the subject of the involuntary termination,	112385
voluntary termination, facility closure, or change of operator;	112386

(b) Whichever of the following apply:

112387

(i) If the exiting operator or affiliated operator has	112388
assumed liability under one or more other successor liability	112389
agreements, the total amount for which the exiting operator or	112390
affiliated operator has assumed liability under the other	112391
successor liability agreements;	112392

(ii) If the exiting operator or affiliated operator has not	112393
assumed liability under any other successor liability agreements,	112394
zero.	112395

(F) A successor liability agreement executed under this	112396
section must comply with all of the following:	112397

(1) It must provide for the operator who executes the	112398
successor liability agreement to assume liability for either of	112399
the following as specified in the agreement:	112400

(a) The total, actual amount of debt the exiting operator	112401
owes the department and the United States centers for medicare and	112402
medicaid services under the medicaid program as determined under	112403
section 5124.525 of the Revised Code;	112404

(b) The portion of the amount specified in division (F)(1)(a)	112405
of this section that represents the franchise permit fee the	112406
exiting operator owes.	112407

(2) It may not require the operator who executes the	112408
successor liability agreement to furnish a surety bond.	112409

(3) It must provide that the department, after determining	112410
under section 5124.525 of the Revised Code the actual amount of	112411
debt the exiting operator owes the department and United States	112412
centers for medicare and medicaid services under the medicaid	112413
program, may deduct the lesser of the following from medicaid	112414
payments made to the operator who executes the successor liability	112415
agreement:	112416

(a) The total, actual amount of debt the exiting operator	112417
owes the department and the United States centers for medicare and	112418
medicaid services under the medicaid program as determined under	112419
section 5124.525 of the Revised Code;	112420

(b) The amount for which the operator who executes the	112421
successor liability agreement assumes liability under the	112422
agreement.	112423

(4) It must provide that the deductions authorized by	112424
division (F)(3) of this section are to be made for a number of	112425
months, not to exceed six, agreed to by the operator who executes	112426
the successor liability agreement and the department or, if the	112427
operator who executes the successor liability agreement and	112428
department cannot agree on a number of months that is less than	112429
six, a greater number of months determined by the attorney general	112430
pursuant to a claims collection process authorized by statute of	112431
this state.	112432

(5) It must provide that, if the attorney general determines	112433
the number of months for which the deductions authorized by	112434
division (F)(3) of this section are to be made, the operator who	112435
executes the successor liability agreement shall pay, in addition	112436
to the amount collected pursuant to the attorney general's claims	112437
collection process, the part of the amount so collected that, if	112438
not for division (H) of this section, would be required by section	112439
109.081 of the Revised Code to be paid into the attorney general	112440
claims fund.	112441

(G) Execution of a successor liability agreement does not	112442
waive an exiting operator's right to contest the amount specified	112443
in the notice the department provides the exiting operator under	112444
division (C) of section 5124.52 of the Revised Code.	112445

(H) Notwithstanding section 109.081 of the Revised Code, the	112446
entire amount that the attorney general, whether by employees or	112447
agents of the attorney general or by special counsel appointed	112448
pursuant to section 109.08 of the Revised Code, collects under a	112449
successor liability agreement, other than the additional amount	112450
the operator who executes the agreement is required by division	112451
(F)(5) of this section to pay, shall be paid to the department of	112452
developmental disabilities for deposit into the appropriate fund.	112453
The additional amount that the operator is required to pay shall	112454
be paid into the state treasury to the credit of the attorney	112455
general claims fund created under section 109.081 of the Revised	112456
Code.	112457

Sec. 5124.522. (A) Except as provided in division (B) of	112458
this section, an exiting operator shall file with the department	112459
of developmental disabilities a cost report not later than ninety	112460
days after the last day the exiting operator's provider agreement	112461
is in effect. The cost report shall cover the period that begins	112462
with the day after the last day covered by the operator's most	112463
recent previous cost report filed under section 5124.10 or	112464
5124.101 of the Revised Code and ends on the last day the exiting	112465
operator's provider agreement is in effect. The cost report shall	112466
include, as applicable, all of the following:	112467

(1) The sale price of the ICF/IID;

112468

(2) A final depreciation schedule that shows which assets are	112469
transferred to the buyer and which assets are not transferred to	112470
the buyer;	112471

(3) Any other information the department requires.

112472

(B) The department, at its sole discretion, may waive the	112473
requirement that an exiting operator file a cost report in	112474
accordance with division (A) of this section.	112475

Sec. 5124.523. If an exiting operator required by section	112476
5124.522 of the Revised Code to file a cost report with the	112477
department of developmental disabilities fails to file the cost	112478
report in accordance with that section, all payments under the	112479
medicaid program for the period the cost report is required to	112480
cover are deemed overpayments until the date the department	112481
receives the properly completed cost report. The department may	112482
impose on the exiting operator a penalty of one hundred dollars	112483
for each calendar day the properly completed cost report is late.	112484

Sec. 5124.524. The department of developmental disabilities	112485
may not provide an exiting operator final payment under the	112486
medicaid program until the department receives all properly	112487
completed cost reports the exiting operator is required to file	112488
under sections 5124.10 and 5124.522 of the Revised Code.	112489

Sec. 5124.525. The department of developmental disabilities	112490
shall determine the actual amount of debt an exiting operator owes	112491
the department and the United States centers for medicare and	112492
medicaid services under the medicaid program by completing all	112493
final fiscal audits not already completed and performing all other	112494
appropriate actions the department determines to be necessary. The	112495
department shall issue an initial debt summary report on this	112496
matter not later than sixty days after the date the exiting	112497
operator files the properly completed cost report required by	112498
section 5124.522 of the Revised Code with the department or, if	112499
the department waives the cost report requirement for the exiting	112500
operator, sixty days after the date the department waives the cost	112501
report requirement. The initial debt summary report becomes the	112502
final debt summary report thirty-one days after the department	112503
issues the initial debt summary report unless the exiting	112504
operator, or an affiliated operator who executes a successor	112505
liability agreement under section 5124.521 of the Revised Code,	112506
requests a review before that date.	112507

The exiting operator, and an affiliated operator who executes	112508
a successor liability agreement under section 5124.521 of the	112509
Revised Code, may request a review to contest any of the	112510
department's findings included in the initial debt summary report.	112511
The request for the review must be submitted to the department not	112512
later than thirty days after the date the department issues the	112513
initial debt summary report. The department shall conduct the	112514
review on receipt of a timely request and issue a revised debt	112515
summary report. If the department has withheld money from payment	112516
due the exiting operator under division (A) of section 5124.521 of	112517
the Revised Code, the department shall issue the revised debt	112518
summary report not later than ninety days after the date the	112519
department receives the timely request for the review unless the	112520
department and exiting operator or affiliated operator agree to a	112521
later date. The exiting operator or affiliated operator may submit	112522
information to the department explaining what the operator	112523
contests before and during the review, including documentation of	112524
the amount of any debt the department owes the operator. The	112525
exiting operator or affiliated operator may submit additional	112526
information to the department not later than thirty days after the	112527
department issues the revised debt summary report. The revised	112528
debt summary report becomes the final debt summary report	112529
thirty-one days after the department issues the revised debt	112530
summary report unless the exiting operator or affiliated operator	112531
timely submits additional information to the department. If the	112532
exiting operator or affiliated operator timely submits additional	112533
information to the department, the department shall consider the	112534
additional information and issue a final debt summary report not	112535
later than sixty days after the department issues the revised debt	112536
summary report unless the department and exiting operator or	112537
affiliated operator agree to a later date.	112538

Each debt summary report the department issues under this	112539
section shall include the department's findings and the amount of	112540
debt the department determines the exiting operator owes the	112541
department and United States centers for medicare and medicaid	112542
services under the medicaid program. The department shall explain	112543
its findings and determination in each debt summary report.	112544

The exiting operator, and an affiliated operator who executes	112545
a successor liability agreement under section 5124.521 of the	112546
Revised Code, may request, in accordance with Chapter 119. of the	112547
Revised Code, an adjudication regarding a finding in a final debt	112548
summary report that pertains to an audit or alleged overpayment	112549
made under the medicaid program to the exiting operator. The	112550
adjudication shall be consolidated with any other uncompleted	112551
adjudication that concerns a matter addressed in the final debt	112552
summary report.	112553

Sec. 5124.526. The department of developmental disabilities	112554
shall release the actual amount withheld under division (A) of	112555
section 5124.521 of the Revised Code, less any amount the exiting	112556
operator owes the department and United States centers for	112557
medicare and medicaid services under the medicaid program, as	112558
follows:	112559

(A) Unless the department issues the initial debt summary	112560
report required by section 5124.525 of the Revised Code not later	112561
than sixty days after the date the exiting operator files the	112562
properly completed cost report required by section 5124.522 of the	112563
Revised Code, sixty-one days after the date the exiting operator	112564
files the properly completed cost report;	112565

(B) If the department issues the initial debt summary report	112566
required by section 5124.525 of the Revised Code not later than	112567
sixty days after the date the exiting operator files a properly	112568
completed cost report required by section 5124.522 of the Revised	112569
Code, not later than the following:	112570

(1) Thirty days after the deadline for requesting an	112571
adjudication under section 5124.525 of the Revised Code regarding	112572
the final debt summary report if the exiting operator, and an	112573
affiliated operator who executes a successor liability agreement	112574
under section 5124.521 of the Revised Code, fail to request the	112575
adjudication on or before the deadline;	112576

(2) Thirty days after the completion of an adjudication of	112577
the final debt summary report if the exiting operator, or an	112578
affiliated operator who executes a successor liability agreement	112579
under section 5124.521 of the Revised Code, requests the	112580
adjudication on or before the deadline for requesting the	112581
adjudication.	112582

(C) Unless the department issues the initial debt summary	112583
report required by section 5124.525 of the Revised Code not later	112584
than sixty days after the date the department waives the cost	112585
report requirement of section 5124.522 of the Revised Code,	112586
sixty-one days after the date the department waives the cost	112587
report requirement;	112588

(D) If the department issues the initial debt summary report	112589
required by section 5124.525 of the Revised Code not later than	112590
sixty days after the date the department waives the cost report	112591
requirement of section 5124.522 of the Revised Code, not later	112592
than the following:	112593

(1) Thirty days after the deadline for requesting an	112594
adjudication under section 5124.525 of the Revised Code regarding	112595
the final debt summary report if the exiting operator, and an	112596
affiliated operator who executes a successor liability agreement	112597
under section 5124.521 of the Revised Code, fail to request the	112598
adjudication on or before the deadline;	112599

(2) Thirty days after the completion of an adjudication of	112600
the final debt summary report if the exiting operator, or an	112601
affiliated operator who executes a successor liability agreement	112602
under section 5124.521 of the Revised Code, requests the	112603
adjudication on or before the deadline for requesting the	112604
adjudication.	112605

Sec. 5124.527. The department of developmental disabilities,	112606
at its sole discretion, may release the amount withheld under	112607
division (A) of section 5124.521 of the Revised Code if the	112608
exiting operator submits to the department written notice of a	112609
postponement of a change of operator, facility closure, or	112610
voluntary termination and the transactions leading to the change	112611
of operator, facility closure, or voluntary termination are	112612
postponed for at least thirty days but less than ninety days after	112613
the date originally proposed for the change of operator, facility	112614
closure, or voluntary termination as reported in the written	112615
notice required by section 5124.50 or 5124.51 of the Revised Code.	112616
The department shall release the amount withheld if the exiting	112617
operator submits to the department written notice of a	112618
cancellation or postponement of a change of operator, facility	112619
closure, or voluntary termination and the transactions leading to	112620
the change of operator, facility closure, or voluntary termination	112621
are canceled or postponed for more than ninety days after the date	112622
originally proposed for the change of operator, facility closure,	112623
or voluntary termination as reported in the written notice	112624
required by section 5124.50 or 5124.51 of the Revised Code. A	112625
written notice shall be provided to the department in accordance	112626
with the method specified in rules authorized by section 5124.53	112627
of the Revised Code.	112628

After the department receives a written notice regarding a	112629
cancellation or postponement of a facility closure or voluntary	112630
termination, the exiting operator or owner shall provide new	112631
written notice to the department under section 5124.50 of the	112632
Revised Code regarding any transactions leading to a facility	112633
closure or voluntary termination at a future time. After the	112634
department receives a written notice regarding a cancellation or	112635
postponement of a change of operator, the exiting operator or	112636
owner and entering operator shall provide new written notice to	112637
the department under section 5124.51 of the Revised Code regarding	112638
any transactions leading to a change of operator at a future time.	112639

Sec. 5124.528. (A) All amounts withheld under section	112640
5124.521 of the Revised Code from payment due an exiting operator	112641
under the medicaid program shall be deposited into the medicaid	112642
payment withholding fund created by the controlling board pursuant	112643
to section 131.35 of the Revised Code. Money in the fund shall be	112644
used as follows:	112645

(1) To pay an exiting operator when a withholding is released	112646
to the exiting operator under section 5124.526 or 5124.527 of the	112647
Revised Code;	112648

(2) To pay the department of medicaid or department of	112649
developmental disabilities, and United States centers for medicare	112650
and medicaid services, the amount an exiting operator owes the	112651
department of medicaid or department of developmental disabilities	112652
and United States centers under the medicaid program.	112653

(B) Amounts paid from the medicaid payment withholding fund	112654
pursuant to division (A)(2) of this section shall be deposited	112655
into the appropriate fund.	112656

Sec. 5124.53. The director of developmental disabilities	112657
shall adopt rules under section 5124.03 of the Revised Code to	112658
implement sections 5124.50 to 5124.53 of the Revised Code. The	112659
rules shall specify all of the following:	112660

(A) The method by which written notices to the department	112661
required by sections 5124.50 to 5124.53 of the Revised Code are to	112662
be provided;	112663

(B) The forms and documents that are to be provided to the	112664
department under sections 5124.511 and 5124.512 of the Revised	112665
Code, which shall include, in the case of such forms and documents	112666
provided by entering operators, all the fully executed leases,	112667
management agreements, merger agreements and supporting documents,	112668
and fully executed sales contracts and any other supporting	112669
documents culminating in the change of operator;	112670

(C) The method by which the forms and documents identified in	112671
division (B) of this section are to be provided to the department.	112672

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	112673
~~5111.8710 of the Revised Code:~~	112674

~~"Home and community-based services" has the same meaning as~~	112675
~~in section 5123.01 of the Revised Code.~~	112676

~~"ICF/MR services" means intermediate care facility for the~~	112677
~~mentally retarded services covered by the medicaid program that an~~	112678
~~intermediate care facility for the mentally retarded provides to a~~	112679
~~resident of the facility who is a medicaid recipient eligible for~~	112680
~~medicaid-covered intermediate care facility for the mentally~~	112681
~~retarded services.~~	112682

~~"Intermediate care facility for the mentally retarded" means~~	112683
~~an intermediate care facility for the mentally retarded that is~~	112684
~~certified as in compliance with applicable standards for the~~	112685
~~medicaid program by the director of health in accordance with~~	112686
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	112687
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	112688
~~under section 5123.19 of the Revised Code.~~	112689

~~"Residential facility" has the same meaning as in section~~	112690
~~5123.19 of the Revised Code.~~	112691

~~(B)~~ For the purpose of increasing the number of slots	112692
available for home and community-based services and subject to	112693
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	112694
Code, the operator of an ~~intermediate care facility for the~~	112695
~~mentally retarded~~ICF/IID may convert some or all of the beds in	112696
the ~~facility~~ICF/IID from providing ~~ICF/MR~~ICF/IID services to	112697
providing home and community-based services if all of the	112698
following requirements are met:	112699

(1) The operator provides the directors of health and	112700
developmental disabilities at least ninety days' notice of the	112701
operator's intent to make the conversion.	112702

(2) The operator complies with the requirements of sections	112703
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	112704
a voluntary termination ~~as defined in section 5111.65 of the~~	112705
~~Revised Code~~ if those requirements are applicable.	112706

(3) If the operator intends to convert all of the ~~facility's~~	112707
ICF/IID's beds, the operator notifies each of the ~~facility's~~	112708
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	112709
providing ~~ICF/MR~~ICF/IID services and inform each resident that	112710
the resident may do either of the following:	112711

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	112712
transferring to another ~~facility~~ICF/IID that is ~~an intermediate~~	112713
~~care facility for the mentally retarded~~ willing and able to accept	112714
the resident if the resident continues to qualify for ~~ICF/MR~~	112715
ICF/IID services;	112716

(b) Begin to receive home and community-based services	112717
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112718
community-based services that is willing and able to provide the	112719
services to the resident if the resident is eligible for the	112720
services and a slot for the services is available to the resident.	112721

(4) If the operator intends to convert some but not all of	112722
the ~~facility's~~ICF/IID's beds, the operator notifies each of the	112723
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	112724
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	112725
providing home and community-based services and inform each	112726
resident that the resident may do either of the following:	112727

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	112728
~~provider of services ICF/MR~~ICF/IID that is willing and able to	112729
provide the services to the resident if the resident continues to	112730
qualify for ~~ICF/MR~~ICF/IID services;	112731

(b) Begin to receive home and community-based services	112732
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112733
community-based services that is willing and able to provide the	112734
services to the resident if the resident is eligible for the	112735
services and a slot for the services is available to the resident.	112736

(5) The operator meets the requirements for providing home	112737
and community-based services, including the following:	112738

(a) Such requirements applicable to a residential facility if	112739
the operator maintains the facility's license as a residential	112740
facility;	112741

(b) Such requirements applicable to a facility that is not	112742
licensed as a residential facility if the operator surrenders the	112743
facility's license as a residential facility under section 5123.19	112744
of the Revised Code.	112745

(6) The director of developmental disabilities approves the	112746
conversion.	112747

~~(C)~~(B) A decision by the director of developmental	112748
disabilities to approve or refuse to approve a proposed conversion	112749
of beds is final. In making a decision, the director shall	112750
consider all of the following:	112751

(1) The fiscal impact on the ~~facility~~ICF/IID if some but not	112752
all of the beds are converted;	112753

(2) The fiscal impact on the ~~medical assistance~~medicaid	112754
program;	112755

(3) The availability of home and community-based services.

112756

~~(D)~~(C) The notice provided to the directors under division	112757
~~(B)~~(A)(1) of this section shall specify whether some or all of the	112758
~~facility's~~ICF/IID's beds are to be converted. If some but not all	112759
of the beds are to be converted, the notice shall specify how many	112760
of the ~~facility's~~ICF/IID's beds are to be converted and how many	112761
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	112762
The notice to the director of developmental disabilities shall	112763
specify whether the operator wishes to surrender the ~~facility's~~	112764
ICF/IID's license as a residential facility under section 5123.19	112765
of the Revised Code.	112766

~~(E)~~(D)(1) If the director of developmental disabilities	112767
approves a conversion under division ~~(C)~~(B) of this section, the	112768
director of health shall do the following:	112769

(a) Terminate the ICF/IID's medicaid certification ~~of the~~	112770
~~intermediate care facility for the mentally retarded~~ if the notice	112771
specifies that all of the ~~facility's~~ICF/IID's beds are to be	112772
converted;	112773

(b) Reduce the ~~facility's certified~~ICF/IID's	112774
medicaid-certified capacity by the number of beds being converted	112775
if the notice specifies that some but not all of the beds are to	112776
be converted.	112777

(2) The director of health shall notify the medicaid director	112778
~~of job and family services~~ of the termination or reduction. On	112779
receipt of the ~~director of health's~~ notice, the medicaid director	112780
~~of job and family services~~ shall do the following:	112781

(a) Terminate the operator's medicaid provider agreement that	112782
authorizes the operator to provide ~~ICF/MR~~ICF/IID services at the	112783
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's certification was	112784
terminated;	112785

(b) Amend the operator's medicaid provider agreement to	112786
reflect the ~~facility's~~ICF/IID's reduced ~~certified~~	112787
medicaid-certified capacity if the ~~facility's certified~~ICF/IID's	112788
medicaid-certified capacity is reduced.	112789

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	112790
of this section, the operator is not entitled to notice or a	112791
hearing under Chapter 119. of the Revised Code before the medicaid	112792
director ~~of job and family services~~ terminates the medicaid	112793
provider agreement.	112794

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	112795
number of slots available for home and community-based services	112796
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	112797
the Revised Code, a person who acquires, through a request for	112798
proposals issued by the director of developmental disabilities, a	112799
~~residential facility that is an intermediate care facility for the~~	112800
~~mentally retarded and~~an ICF/IID for which ~~the~~a residential	112801
facility license ~~as a residential facility~~ was previously	112802
surrendered or revoked may convert some or all of the ~~facility's~~	112803
ICF/IID's beds from providing ~~ICF/MR~~ICF/IID services to providing	112804
home and community-based services if all of the following	112805
requirements are met:	112806

(1) The person provides the directors of health~~, job and~~	112807
~~family services,~~ and developmental disabilities and medicaid	112808
director at least ninety days' notice of the person's intent to	112809
make the conversion.	112810

(2) The person complies with the requirements of sections	112811
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	112812
a voluntary termination ~~as defined in section 5111.65 of the~~	112813
~~Revised Code~~ if those requirements are applicable.	112814

(3) If the person intends to convert all of the ~~facility's~~	112815
ICF/IID's beds, the person notifies each of the ~~facility's~~	112816
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	112817
providing ~~ICF/MR~~ICF/IID services and informs each resident that	112818
the resident may do either of the following:	112819

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	112820
transferring to another ~~facility that is an intermediate care~~	112821
~~facility for the mentally retarded~~ICF/IID willing and able to	112822
accept the resident if the resident continues to qualify for	112823
~~ICF/MR~~ICF/IID services;	112824

(b) Begin to receive home and community-based services	112825
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112826
community-based services that is willing and able to provide the	112827
services to the resident if the resident is eligible for the	112828
services and a slot for the services is available to the resident.	112829

(4) If the person intends to convert some but not all of the	112830
~~facility's~~ICF/IID's beds, the person notifies each of the	112831
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	112832
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	112833
providing home and community-based services and inform each	112834
resident that the resident may do either of the following:	112835

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	112836
~~provider of ICF/MR services~~ that is willing and able to provide	112837
the services to the resident if the resident continues to qualify	112838
for ~~ICF/MR~~ICF/IID services;	112839

(b) Begin to receive home and community-based services	112840
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112841
community-based services that is willing and able to provide the	112842
services to the resident if the resident is eligible for the	112843
services and a slot for the services is available to the resident.	112844

(5) The person meets the requirements for providing home and	112845
community-based services at a residential facility.	112846

(B) The notice provided to the directors under division	112847
(A)(1) of this section shall specify whether some or all of the	112848
~~facility's~~ICF/IID's beds are to be converted. If some but not all	112849
of the beds are to be converted, the notice shall specify how many	112850
of the ~~facility's~~ICF/IID's beds are to be converted and how many	112851
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	112852

(C) On receipt of a notice under division (A)(1) of this	112853
section, the director of health shall do the following:	112854

(1) Terminate the ICF/IID's medicaid certification ~~of the~~	112855
~~intermediate care facility for the mentally retarded~~ if the notice	112856
specifies that all of the facility's beds are to be converted;	112857

(2) Reduce the ~~facility's certified~~ICF/IID's	112858
medicaid-certified capacity by the number of beds being converted	112859
if the notice specifies that some but not all of the beds are to	112860
be converted.	112861

(D) The director of health shall notify the medicaid director	112862
~~of job and family services~~ of the termination or reduction under	112863
division (C) of this section. On receipt of the director of	112864
health's notice, the medicaid director ~~of job and family services~~	112865
shall do the following:	112866

(1) Terminate the person's medicaid provider agreement that	112867
authorizes the person to provide ~~ICF/MR~~ICF/IID services at the	112868
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's medicaid	112869
certification was terminated;	112870

(2) Amend the person's medicaid provider agreement to reflect	112871
the ~~facility's~~ICF/IID's reduced ~~certified~~medicaid-certified	112872
capacity if the ~~facility's certified~~ICF/IID's medicaid-certified	112873
capacity is reduced.	112874

The person is not entitled to notice or a hearing under	112875
Chapter 119. of the Revised Code before the medicaid director of	112876
~~job and family services~~ terminates or amends the medicaid provider	112877
agreement.	112878

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	112879
of the Revised Code, the director of developmental disabilities	112880
may request that the medicaid director ~~of job and family services~~	112881
seek the approval of the United States secretary of health and	112882
human services to increase the number of slots available for home	112883
and community-based services by a number not exceeding the number	112884
of beds that were part of the licensed capacity of a residential	112885
facility that had its license revoked or surrendered under section	112886
5123.19 of the Revised Code if the residential facility was an	112887
~~intermediate care facility for the mentally retarded~~ICF/IID at	112888
the time of the license revocation or surrender. The revocation or	112889
surrender may have occurred before, or may occur on or after, June	112890
24, 2008. The request may include beds the director of	112891
developmental disabilities removed from such a residential	112892
facility's licensed capacity before transferring ownership or	112893
operation of the residential facility pursuant to a request for	112894
proposals.	112895

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	112896
~~family services~~ may seek approval from the United States secretary	112897
of health and human services for not more than a total of ~~five~~six	112898
hundred slots for home and community-based services for the	112899
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	112900
~~5111.876~~5124.62 of the Revised Code.	112901

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of ~~five~~six	112902
hundred beds may be converted from providing ~~ICF/MR~~ICF/IID	112903
services to providing home and community-based services under	112904
sections ~~5111.874~~5124.60 and ~~5111.875~~5124.61 of the Revised	112905
Code.	112906

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	112907
reconvert a bed to be used for ~~ICF/MR~~ICF/IID services if the bed	112908
was converted to use for home and community-based services under	112909
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	112910
This prohibition applies regardless of either of the following:	112911

(A) The bed is part of the licensed capacity of a residential	112912
facility.	112913

(B) The bed has been sold, leased, or otherwise transferred	112914
to another person or government entity.	112915

Sec. 5124.67. (A) The department of developmental	112916
disabilities shall strive to achieve, not later than July 1, 2018,	112917
the following statewide reductions in ICF/IID beds:	112918

(1) At least five hundred and not more than six hundred beds	112919
in ICFs/IID that, before becoming downsized ICFs/IID, have sixteen	112920
or more beds;	112921

(2) At least five hundred and not more than six hundred beds	112922
in ICFs/IID with any number of beds that convert some or all of	112923
their beds from providing ICF/IID services to providing home and	112924
community-based services pursuant to section 5124.60 or 5124.61 of	112925
the Revised Code.	112926

(B) In its efforts to achieve the reductions under division	112927
(A) of this section, the department shall collaborate with the	112928
Ohio association of county boards serving people with	112929
developmental disabilities, the Ohio provider resource	112930
association, the Ohio centers for intellectual disabilities formed	112931
by the Ohio health care association, and the values and faith	112932
alliance. The collaboration efforts may include the following:	112933

(1) Identifying ICFs/IID that may reduce the number of their	112934
beds to help achieve the reductions under division (A) of this	112935
section;	112936

(2) Encouraging ICF/IID providers to reduce the number of	112937
their ICFs/IID's beds;	112938

(3) Establishing interim time frames for making progress in	112939
achieving the reductions;	112940

(4) Creating incentives for, and removing impediments to, the	112941
reductions;	112942

(5) In the case of ICF/IID beds that are converted to	112943
providing home and community-based services, developing a	112944
mechanism to compensate providers for beds that permanently cease	112945
to provide ICF/IID services.	112946

(C) The department shall meet not less than twice each year	112947
with the organizations specified in division (B) of this section	112948
to do all of the following:	112949

(1) Review the progress being made in achieving the	112950
reductions under division (A) of this section;	112951

(2) Prepare written reports on the progress;

112952

(3) Identify additional measures needed to achieve the	112953
reductions.	112954

Sec. 5124.99. Whoever violates section 5124.102 or division	112955
(E) of section 5124.08 of the Revised Code shall be fined not less	112956
than five hundred dollars nor more than one thousand dollars for	112957
the first offense and not less than one thousand dollars nor more	112958
than five thousand dollars for each subsequent offense.	112959

Fines paid under this section shall be deposited in the state	112960
treasury to the credit of the general revenue fund.	112961

Sec. 5126.01. As used in this chapter:

112962

(A) As used in this division, "adult" means an individual who	112963
is eighteen years of age or over and not enrolled in a program or	112964
service under Chapter 3323. of the Revised Code and an individual	112965
sixteen or seventeen years of age who is eligible for adult	112966
services under rules adopted by the director of developmental	112967
disabilities pursuant to Chapter 119. of the Revised Code.	112968

(1) "Adult services" means services provided to an adult	112969
outside the home, except when they are provided within the home	112970
according to an individual's assessed needs and identified in an	112971
individual service plan, that support learning and assistance in	112972
the area of self-care, sensory and motor development,	112973
socialization, daily living skills, communication, community	112974
living, social skills, or vocational skills.	112975

(2) "Adult services" includes all of the following:

112976

(a) Adult day habilitation services;

112977

(b) Adult day care;

112978

112979

(d) Sheltered employment;

112980

(e) Educational experiences and training obtained through	112981
entities and activities that are not expressly intended for	112982
individuals with mental retardation and developmental	112983
disabilities, including trade schools, vocational or technical	112984
schools, adult education, job exploration and sampling, unpaid	112985
work experience in the community, volunteer activities, and	112986
spectator sports;	112987

(f) Community employment services and supported employment	112988
services.	112989

(B)(1) "Adult day habilitation services" means adult services	112990
that do the following:	112991

(a) Provide access to and participation in typical activities	112992
and functions of community life that are desired and chosen by the	112993
general population, including such activities and functions as	112994
opportunities to experience and participate in community	112995
exploration, companionship with friends and peers, leisure	112996
activities, hobbies, maintaining family contacts, community	112997
events, and activities where individuals without disabilities are	112998
involved;	112999

(b) Provide supports or a combination of training and	113000
supports that afford an individual a wide variety of opportunities	113001
to facilitate and build relationships and social supports in the	113002
community.	113003

(2) "Adult day habilitation services" includes all of the	113004
following:	113005

(a) Personal care services needed to ensure an individual's	113006
ability to experience and participate in vocational services,	113007
educational services, community activities, and any other adult	113008
day habilitation services;	113009

(b) Skilled services provided while receiving adult day	113010
habilitation services, including such skilled services as behavior	113011
management intervention, occupational therapy, speech and language	113012
therapy, physical therapy, and nursing services;	113013

(c) Training and education in self-determination designed to	113014
help the individual do one or more of the following: develop	113015
self-advocacy skills, exercise the individual's civil rights,	113016
acquire skills that enable the individual to exercise control and	113017
responsibility over the services received, and acquire skills that	113018
enable the individual to become more independent, integrated, or	113019
productive in the community;	113020

(d) Recreational and leisure activities identified in the	113021
individual's service plan as therapeutic in nature or assistive in	113022
developing or maintaining social supports;	113023

(e) Counseling and assistance provided to obtain housing,	113024
including such counseling as identifying options for either rental	113025
or purchase, identifying financial resources, assessing needs for	113026
environmental modifications, locating housing, and planning for	113027
ongoing management and maintenance of the housing selected;	113028

(f) Transportation necessary to access adult day habilitation	113029
services;	113030

(g) Habilitation management, as described in section 5126.14	113031
of the Revised Code.	113032

(3) "Adult day habilitation services" does not include	113033
activities that are components of the provision of residential	113034
services, family support services, or supported living services.	113035

113036

(1) In the case of a member of a county board of	113037
developmental disabilities appointed by, or to be appointed by, a	113038
board of county commissioners, the board of county commissioners;	113039

(2) In the case of a member of a county board appointed by,	113040
or to be appointed by, a senior probate judge, the senior probate	113041
judge.	113042

(D) "Community employment," "competitive employment," and	113043
"integrated setting" have the same meanings as in section 5123.022	113044
of the Revised Code.	113045

(E) "~~Community employment services" or "supported~~Supported	113046
employment services" means vocational assessment, job training and	113047
coaching, job development and placement, worksite accessibility,	113048
and other services related to employment outside a sheltered	113049
workshop. "~~Community employment services" or "supported~~Supported	113050
employment services" ~~include all~~includes both of the following:	113051

(1) Job training resulting in the attainment of ~~competitive~~	113052
~~work~~community employment, supported work in a typical work	113053
environment, or self-employment;	113054

(2) ~~Supervised work experience through an employer paid to~~	113055
~~provide the supervised work experience;~~	113056

~~(3) Ongoing work in a competitive work environment at a wage~~	113057
~~commensurate with workers without disabilities;~~	113058

~~(4) Ongoing supervision by an employer paid to provide the~~	113059
~~supervision~~Support for ongoing community employment, supported	113060
work at community-based sites, or self-employment.	113061

~~(E)~~(F) As used in this division, "substantial functional	113062
limitation," "developmental delay," and "established risk" have	113063
the meanings established pursuant to section 5123.011 of the	113064
Revised Code.	113065

"Developmental disability" means a severe, chronic disability	113066
that is characterized by all of the following:	113067

(1) It is attributable to a mental or physical impairment or	113068
a combination of mental and physical impairments, other than a	113069
mental or physical impairment solely caused by mental illness as	113070
defined in division (A) of section 5122.01 of the Revised Code;	113071

(2) It is manifested before age twenty-two;

113072

(3) It is likely to continue indefinitely;

113073

(4) It results in one of the following:

113074

(a) In the case of a person under age three, at least one	113075
developmental delay or an established risk;	113076

(b) In the case of a person at least age three but under age	113077
six, at least two developmental delays or an established risk;	113078

(c) In the case of a person age six or older, a substantial	113079
functional limitation in at least three of the following areas of	113080
major life activity, as appropriate for the person's age:	113081
self-care, receptive and expressive language, learning, mobility,	113082
self-direction, capacity for independent living, and, if the	113083
person is at least age sixteen, capacity for economic	113084
self-sufficiency.	113085

(5) It causes the person to need a combination and sequence	113086
of special, interdisciplinary, or other type of care, treatment,	113087
or provision of services for an extended period of time that is	113088
individually planned and coordinated for the person.	113089

~~(F)~~(G) "Early childhood services" means a planned program of	113090
habilitation designed to meet the needs of individuals with mental	113091
retardation or other developmental disabilities who have not	113092
attained compulsory school age.	113093

~~(G)~~(H) "Employment services" means prevocational services or	113094
supported employment services.	113095

(I)(1) "Environmental modifications" means the physical	113096
adaptations to an individual's home, specified in the individual's	113097
service plan, that are necessary to ensure the individual's	113098
health, safety, and welfare or that enable the individual to	113099
function with greater independence in the home, and without which	113100
the individual would require institutionalization.	113101

(2) "Environmental modifications" includes such adaptations	113102
as installation of ramps and grab-bars, widening of doorways,	113103
modification of bathroom facilities, and installation of	113104
specialized electric and plumbing systems necessary to accommodate	113105
the individual's medical equipment and supplies.	113106

(3) "Environmental modifications" does not include physical	113107
adaptations or improvements to the home that are of general	113108
utility or not of direct medical or remedial benefit to the	113109
individual, including such adaptations or improvements as	113110
carpeting, roof repair, and central air conditioning.	113111

~~(H)~~(J) "Family support services" means the services provided	113112
under a family support services program operated under section	113113
5126.11 of the Revised Code.	113114

~~(I)~~(K) "Habilitation" means the process by which the staff of	113115
the facility or agency assists an individual with mental	113116
retardation or other developmental disability in acquiring and	113117
maintaining those life skills that enable the individual to cope	113118
more effectively with the demands of the individual's own person	113119
and environment, and in raising the level of the individual's	113120
personal, physical, mental, social, and vocational efficiency.	113121
Habilitation includes, but is not limited to, programs of formal,	113122
structured education and training.	113123

~~(J)~~(L) "Home and community-based services" ~~means~~	113124
~~medicaid-funded home and community-based services specified in~~	113125
~~division (B)(1) of section 5111.87 of the Revised Code and~~	113126
~~provided under the medicaid waiver components the department of~~	113127
~~developmental disabilities administers pursuant to~~has the same	113128
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	113129
~~However, home and community-based services provided under the~~	113130
~~medicaid waiver component known as the transitions developmental~~	113131
~~disabilities waiver are to be considered to be home and~~	113132
~~community-based services for the purposes of this chapter only to~~	113133
~~the extent, if any, provided by the contract required by section~~	113134
~~5111.871 of the Revised Code regarding the waiver.~~	113135

~~(K)~~(M) "ICF/IID" has the same meaning as in section 5124.01	113136
of the Revised Code.	113137

(N) "Immediate family" means parents, grandparents, brothers,	113138
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	113139
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	113140
daughters-in-law.	113141

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	113142
~~the Revised Code.~~	113143

~~(M)~~(O) "Medicaid case management services" means case	113144
management services provided to an individual with mental	113145
retardation or other developmental disability that the state	113146
medicaid plan requires.	113147

~~(N)~~(P) "Mental retardation" means a mental impairment	113148
manifested during the developmental period characterized by	113149
significantly subaverage general intellectual functioning existing	113150
concurrently with deficiencies in the effectiveness or degree with	113151
which an individual meets the standards of personal independence	113152
and social responsibility expected of the individual's age and	113153
cultural group.	113154

~~(O)~~(Q) "Prevocational services" means services, including	113155
services as a volunteer, that provide learning and work	113156
experiences from which an individual can develop general strengths	113157
and skills that are not specific to a particular task or job but	113158
contribute to employability in community employment, supported	113159
work at community-based sites, or self-employment.	113160

(R) "Residential services" means services to individuals with	113161
mental retardation or other developmental disabilities to provide	113162
housing, food, clothing, habilitation, staff support, and related	113163
support services necessary for the health, safety, and welfare of	113164
the individuals and the advancement of their quality of life.	113165
"Residential services" includes program management, as described	113166
in section 5126.14 of the Revised Code.	113167

~~(P)~~(S) "Resources" means available capital and other assets,	113168
including moneys received from the federal, state, and local	113169
governments, private grants, and donations; appropriately	113170
qualified personnel; and appropriate capital facilities and	113171
equipment.	113172

~~(Q)~~(T) "Senior probate judge" means the current probate judge	113173
of a county who has served as probate judge of that county longer	113174
than any of the other current probate judges of that county. If a	113175
county has only one probate judge, "senior probate judge" means	113176
that probate judge.	113177

~~(R)~~(U) "Service and support administration" means the duties	113178
performed by a service and support administrator pursuant to	113179
section 5126.15 of the Revised Code.	113180

~~(S)~~(V)(1) "Specialized medical, adaptive, and assistive	113181
equipment, supplies, and supports" means equipment, supplies, and	113182
supports that enable an individual to increase the ability to	113183
perform activities of daily living or to perceive, control, or	113184
communicate within the environment.	113185

(2) "Specialized medical, adaptive, and assistive equipment,	113186
supplies, and supports" includes the following:	113187

(a) Eating utensils, adaptive feeding dishes, plate guards,	113188
mylatex straps, hand splints, reaches, feeder seats, adjustable	113189
pointer sticks, interpreter services, telecommunication devices	113190
for the deaf, computerized communications boards, other	113191
communication devices, support animals, veterinary care for	113192
support animals, adaptive beds, supine boards, prone boards,	113193
wedges, sand bags, sidelayers, bolsters, adaptive electrical	113194
switches, hand-held shower heads, air conditioners, humidifiers,	113195
emergency response systems, folding shopping carts, vehicle lifts,	113196
vehicle hand controls, other adaptations of vehicles for	113197
accessibility, and repair of the equipment received.	113198

(b) Nondisposable items not covered by medicaid that are	113199
intended to assist an individual in activities of daily living or	113200
instrumental activities of daily living.	113201

~~(T)~~(W) "Supportive home services" means a range of services	113202
to families of individuals with mental retardation or other	113203
developmental disabilities to develop and maintain increased	113204
acceptance and understanding of such persons, increased ability of	113205
family members to teach the person, better coordination between	113206
school and home, skills in performing specific therapeutic and	113207
management techniques, and ability to cope with specific	113208
situations.	113209

~~(U)~~(X)(1) "Supported living" means services provided for as	113210
long as twenty-four hours a day to an individual with mental	113211
retardation or other developmental disability through any public	113212
or private resources, including moneys from the individual, that	113213
enhance the individual's reputation in community life and advance	113214
the individual's quality of life by doing the following:	113215

(a) Providing the support necessary to enable an individual	113216
to live in a residence of the individual's choice, with any number	113217
of individuals who are not disabled, or with not more than three	113218
individuals with mental retardation and developmental disabilities	113219
unless the individuals are related by blood or marriage;	113220

(b) Encouraging the individual's participation in the	113221
community;	113222

113223

(d) Assisting the individual in acquiring, retaining, and	113224
improving the skills and competence necessary to live successfully	113225
in the individual's residence.	113226

(2) "Supported living" includes the provision of all of the	113227
following:	113228

(a) Housing, food, clothing, habilitation, staff support,	113229
professional services, and any related support services necessary	113230
to ensure the health, safety, and welfare of the individual	113231
receiving the services;	113232

(b) A combination of lifelong or extended-duration	113233
supervision, training, and other services essential to daily	113234
living, including assessment and evaluation and assistance with	113235
the cost of training materials, transportation, fees, and	113236
supplies;	113237

113238

(d) Household maintenance that does not include modifications	113239
to the physical structure of the residence;	113240

(e) Respite care services;

113241

(f) Program management, as described in section 5126.14 of	113242
the Revised Code.	113243

Sec. 5126.026. Except as otherwise provided in this section	113244
and section 5126.0218 of the Revised Code, a member of a county	113245
board of developmental disabilities may be reappointed to the	113246
county board. Prior to making a reappointment, the appointing	113247
authority shall ascertain, through written communication with the	113248
board, that the member being considered for reappointment meets	113249
the requirements of sections 5126.022 and 5126.0218 of the Revised	113250
Code.	113251

A member who has served during each of three consecutive	113252
terms shall not be reappointed for a subsequent term until two	113253
years after ceasing to be a member of the county board, except	113254
that a member who has served for ten years or less within three	113255
consecutive terms may be reappointed for a subsequent term before	113256
becoming ineligible for reappointment for two years.	113257

If, however, a county board experiences extenuating	113258
circumstances that would severely restrict the board from being	113259
able to fill a pending vacancy of a board member who will become	113260
ineligible for service on the board after serving three	113261
consecutive terms, the appointing authority may request a waiver	113262
from the director of developmental disabilities to allow that	113263
member to serve an additional four-year term subsequent to serving	113264
three consecutive four-year terms. The director shall determine if	113265
the extenuating circumstances associated with the board warrant	113266
the granting of such a waiver.	113267

Sec. 5126.043. (A) Unless a guardian has been appointed for	113268
the individual, when a decision regarding receipt of a service or	113269
participation in a program provided for or funded under this	113270
chapter or Chapter 5123. or 5124. of the Revised Code by an	113271
individual with mental retardation or other developmental	113272
disability must be made, the individual shall be permitted to make	113273
the decision. The individual may obtain support and guidance from	113274
an adult family member or other person, but doing so does not	113275
affect the right of the individual to make the decision.	113276

(B) An individual with mental retardation or other	113277
developmental disability may authorize an adult to make a decision	113278
described in division (A) of this section on the individual's	113279
behalf, as long as the adult does not have a financial interest in	113280
the decision. The authorization shall be made in writing.	113281

(C) If a guardian has been appointed for an individual with	113282
mental retardation or other developmental disability, the guardian	113283
shall make any decision described in division (A) of this section	113284
on behalf of the individual. This section does not require	113285
appointment of a guardian.	113286

(D) Individuals with mental retardation and other	113287
developmental disabilities, including those who have been	113288
adjudicated incompetent pursuant to Chapter 2111. of the Revised	113289
Code, have the right to participate in decisions that affect their	113290
lives and to have their needs, desires, and preferences	113291
considered. An adult or guardian who makes a decision pursuant to	113292
division (B) or (C) of this section shall make a decision that is	113293
in the best interests of the individual on whose behalf the	113294
decision is made and that is consistent with the needs, desires,	113295
and preferences of that individual.	113296

Sec. 5126.05. (A) Subject to the rules established by the	113297
director of developmental disabilities pursuant to Chapter 119. of	113298
the Revised Code for programs and services offered pursuant to	113299
this chapter, and subject to the rules established by the state	113300
board of education pursuant to Chapter 119. of the Revised Code	113301
for programs and services offered pursuant to Chapter 3323. of the	113302
Revised Code, the county board of developmental disabilities	113303
shall:	113304

(1) Administer and operate facilities, programs, and services	113305
as provided by this chapter and Chapter 3323. of the Revised Code	113306
and establish policies for their administration and operation;	113307

(2) Coordinate, monitor, and evaluate existing services and	113308
facilities available to individuals with mental retardation and	113309
developmental disabilities;	113310

(3) Provide early childhood services, supportive home	113311
services, and adult services, according to the plan and priorities	113312
developed under section 5126.04 of the Revised Code;	113313

(4) Provide or contract for special education services	113314
pursuant to Chapters 3317. and 3323. of the Revised Code and	113315
ensure that related services, as defined in section 3323.01 of the	113316
Revised Code, are available according to the plan and priorities	113317
developed under section 5126.04 of the Revised Code;	113318

(5) Adopt a budget, authorize expenditures for the purposes	113319
specified in this chapter and do so in accordance with section	113320
319.16 of the Revised Code, approve attendance of board members	113321
and employees at professional meetings and approve expenditures	113322
for attendance, and exercise such powers and duties as are	113323
prescribed by the director;	113324

(6) Submit annual reports of its work and expenditures,	113325
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	113326
the director, the superintendent of public instruction, and the	113327
board of county commissioners at the close of the fiscal year and	113328
at such other times as may reasonably be requested;	113329

(7) Authorize all positions of employment, establish	113330
compensation, including but not limited to salary schedules and	113331
fringe benefits for all board employees, approve contracts of	113332
employment for management employees that are for a term of more	113333
than one year, employ legal counsel under section 309.10 of the	113334
Revised Code, and contract for employee benefits;	113335

(8) Provide service and support administration in accordance	113336
with section 5126.15 of the Revised Code;	113337

(9) Certify respite care homes pursuant to rules adopted	113338
under section 5123.171 of the Revised Code by the director of	113339
developmental disabilities;	113340

(10) Implement an employment first policy that clearly	113341
identifies community employment as the desired outcome for every	113342
individual of working age who receives services from the board;	113343

(11) Set benchmarks for improving community employment	113344
outcomes.	113345

(B) To the extent that rules adopted under this section apply	113346
to the identification and placement of children with disabilities	113347
under Chapter 3323. of the Revised Code, they shall be consistent	113348
with the standards and procedures established under sections	113349
3323.03 to 3323.05 of the Revised Code.	113350

(C) Any county board may enter into contracts with other such	113351
boards and with public or private, nonprofit, or profit-making	113352
agencies or organizations of the same or another county, to	113353
provide the facilities, programs, and services authorized or	113354
required, upon such terms as may be agreeable, and in accordance	113355
with this chapter and Chapter 3323. of the Revised Code and rules	113356
adopted thereunder and in accordance with sections 307.86 and	113357
5126.071 of the Revised Code.	113358

(D) A county board may combine transportation for children	113359
and adults enrolled in programs and services offered under Chapter	113360
5126. of the Revised Code with transportation for children	113361
enrolled in classes funded under ~~section~~sections 3317.0213 and	113362
3317.20 ~~or units approved under section 3317.05~~ of the Revised	113363
Code.	113364

(E) A county board may purchase all necessary insurance	113365
policies, may purchase equipment and supplies through the	113366
department of administrative services or from other sources, and	113367
may enter into agreements with public agencies or nonprofit	113368
organizations for cooperative purchasing arrangements.	113369

(F) A county board may receive by gift, grant, devise, or	113370
bequest any moneys, lands, or property for the benefit of the	113371
purposes for which the board is established and hold, apply, and	113372
dispose of the moneys, lands, and property according to the terms	113373
of the gift, grant, devise, or bequest. All money received by	113374
gift, grant, bequest, or disposition of lands or property received	113375
by gift, grant, devise, or bequest shall be deposited in the	113376
county treasury to the credit of such board and shall be available	113377
for use by the board for purposes determined or stated by the	113378
donor or grantor, but may not be used for personal expenses of the	113379
board members. Any interest or earnings accruing from such gift,	113380
grant, devise, or bequest shall be treated in the same manner and	113381
subject to the same provisions as such gift, grant, devise, or	113382
bequest.	113383

(G) The board of county commissioners shall levy taxes and	113384
make appropriations sufficient to enable the county board of	113385
developmental disabilities to perform its functions and duties,	113386
and may utilize any available local, state, and federal funds for	113387
such purpose.	113388

Sec. 5126.051. (A) To the extent that resources are	113389
available, a county board of developmental disabilities shall	113390
provide for or arrange residential services and supported living	113391
for individuals with mental retardation and developmental	113392
disabilities.	113393

A county board may acquire, convey, lease, or sell property	113394
for residential services and supported living and enter into loan	113395
agreements, including mortgages, for the acquisition of such	113396
property. A county board is not required to comply with provisions	113397
of Chapter 307. of the Revised Code providing for competitive	113398
bidding or sheriff sales in the acquisition, lease, conveyance, or	113399
sale of property under this division, but the acquisition, lease,	113400
conveyance, or sale must be at fair market value determined by	113401
appraisal of one or more disinterested persons appointed by the	113402
board.	113403

Any action taken by a county board under this division that	113404
will incur debt on the part of the county shall be taken in	113405
accordance with Chapter 133. of the Revised Code. A county board	113406
shall not incur any debt on the part of the county without the	113407
prior approval of the board of county commissioners.	113408

(B)(1) To the extent that resources are available, in	113409
~~addition to sheltered employment and work activities provided as~~a	113410
county board shall provide or arrange for the provision of adult	113411
services ~~pursuant to division (A)(3) of section 5126.05 of the~~	113412
~~Revised Code, a county board of developmental disabilities may~~	113413
~~provide or arrange for job training, vocational evaluation, and~~	113414
~~community employment services~~ to ~~mentally retarded and~~	113415
~~developmentally disabled~~ individuals who are age eighteen and	113416
older and not enrolled in a program or service under Chapter 3323.	113417
of the Revised Code or age sixteen or seventeen and eligible for	113418
adult services under rules adopted by the director of	113419
developmental disabilities under Chapter 119. of the Revised Code.	113420
These services shall be provided in accordance with the	113421
individual's individual service ~~or habilitation~~ plan and shall	113422
include support services specified in the plan.	113423

(2) Any prevocational services shall be provided in	113424
accordance with the individual's individual service plan and occur	113425
over a specified period of time with specific outcomes sought to	113426
be achieved.	113427

(3) A county board may, in cooperation with the ~~Ohio~~	113428
~~rehabilitation services commission~~opportunities for Ohioans with	113429
disabilities agency, seek federal funds for job training ~~and~~or	113430
other services directly at helping individuals obtain community	113431
employment.	113432

~~(3)~~(4) A county board may contract with any agency, board, or	113433
other entity that is accredited by the commission on accreditation	113434
of rehabilitation facilities to provide services. A county board	113435
that is accredited by the commission on accreditation of	113436
rehabilitation facilities may provide services for which it is	113437
certified by the commission.	113438

(C) To the extent that resources are available, a county	113439
board may provide services to an individual with mental	113440
retardation or other developmental disability in addition to those	113441
provided pursuant to this section, section 5126.05 of the Revised	113442
Code, or any other section of this chapter. The services shall be	113443
provided in accordance with the individual's ~~habilitation or~~	113444
individual service plan and may be provided in collaboration with	113445
other entities of state or local government.	113446

Sec. 5126.054. (A) Each county board of developmental	113447
disabilities shall, by resolution, develop a three-calendar year	113448
plan that includes the following three components:	113449

(1) An assessment component that includes all of the	113450
following:	113451

(a) The number of individuals with mental retardation or	113452
other developmental disability residing in the county who need the	113453
level of care provided by an ~~intermediate care facility for the~~	113454
~~mentally retarded~~ICF/IID, may seek home and community-based	113455
services, and are given priority on a waiting list established for	113456
the services pursuant to section 5126.042 of the Revised Code; the	113457
service needs of those individuals; and the projected annualized	113458
cost for services;	113459

(b) The source of funds available to the county board to pay	113460
the nonfederal share of medicaid expenditures that the county	113461
board is required by sections 5126.059 and 5126.0510 of the	113462
Revised Code to pay;	113463

(c) Any other applicable information or conditions that the	113464
department of developmental disabilities requires as a condition	113465
of approving the component under section 5123.046 of the Revised	113466
Code.	113467

(2) A preliminary implementation component that specifies the	113468
number of individuals to be provided, during the first year that	113469
the plan is in effect, home and community-based services pursuant	113470
to the waiting list priority given to them under section 5126.042	113471
of the Revised Code and the types of home and community-based	113472
services the individuals are to receive;	113473

(3) A component that provides for the implementation of	113474
medicaid case management services and home and community-based	113475
services for individuals who begin to receive the services on or	113476
after the date the plan is approved under section 5123.046 of the	113477
Revised Code. A county board shall include all of the following in	113478
the component:	113479

(a) If the department of developmental disabilities or	113480
department of ~~job and family services~~medicaid requires, an	113481
agreement to pay the nonfederal share of medicaid expenditures	113482
that the county board is required by sections 5126.059 and	113483
5126.0510 of the Revised Code to pay;	113484

(b) How the services are to be phased in over the period the	113485
plan covers, including how the county board will serve individuals	113486
who have priority on a waiting list established under section	113487
5126.042 of the Revised Code;	113488

(c) Any agreement or commitment regarding the county board's	113489
funding of home and community-based services that the county board	113490
has with the department at the time the county board develops the	113491
component;	113492

(d) Assurances adequate to the department that the county	113493
board will comply with all of the following requirements:	113494

(i) To provide the types of home and community-based services	113495
specified in the preliminary implementation component required by	113496
division (A)(2) of this section to at least the number of	113497
individuals specified in that component;	113498

(ii) To use any additional funds the county board receives	113499
for the services to improve the county board's resource	113500
capabilities for supporting such services available in the county	113501
at the time the component is developed and to expand the services	113502
to accommodate the unmet need for those services in the county;	113503

(iii) To employ or contract with a business manager or enter	113504
into an agreement with another county board of developmental	113505
disabilities that employs or contracts with a business manager to	113506
have the business manager serve both county boards. No	113507
superintendent of a county board may serve as the county board's	113508
business manager.	113509

(iv) To employ or contract with a medicaid services manager	113510
or enter into an agreement with another county board of	113511
developmental disabilities that employs or contracts with a	113512
medicaid services manager to have the medicaid services manager	113513
serve both county boards. No superintendent of a county board may	113514
serve as the county board's medicaid services manager.	113515

(e) Programmatic and financial accountability measures and	113516
projected outcomes expected from the implementation of the plan;	113517

(f) Any other applicable information or conditions that the	113518
department requires as a condition of approving the component	113519
under section 5123.046 of the Revised Code.	113520

(B) A county board whose plan developed under division (A) of	113521
this section is approved by the department under section 5123.046	113522
of the Revised Code shall update and renew the plan in accordance	113523
with a schedule the department shall develop.	113524

Sec. 5126.055. (A) Except as provided in section 5126.056 of	113525
the Revised Code, a county board of developmental disabilities has	113526
medicaid local administrative authority to, and shall, do all of	113527
the following for an individual with mental retardation or other	113528
developmental disability who resides in the county that the county	113529
board serves and seeks or receives home and community-based	113530
services:	113531

(1) Perform assessments and evaluations of the individual. As	113532
part of the assessment and evaluation process, the county board	113533
shall do all of the following:	113534

(a) Make a recommendation to the department of developmental	113535
disabilities on whether the department should approve or deny the	113536
individual's application for the services, including on the basis	113537
of whether the individual needs the level of care an ~~intermediate~~	113538
~~care facility for the mentally retarded~~ICF/IID provides;	113539

(b) If the individual's application is denied because of the	113540
county board's recommendation and the individual ~~requests a~~	113541
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	113542
Revised Code, present, with the department of developmental	113543
disabilities or department of ~~job and family services~~medicaid,	113544
whichever denies the application, the reasons for the	113545
recommendation and denial at the hearing;	113546

(c) If the individual's application is approved, recommend to	113547
the departments of developmental disabilities and ~~job and family~~	113548
~~services~~medicaid the services that should be included in the	113549
individual's individualized service plan and, if either department	113550
approves, reduces, denies, or terminates a service included in the	113551
individual's individualized service plan under section ~~5111.871~~	113552
5166.20 of the Revised Code because of the county board's	113553
recommendation, present, with the department that made the	113554
approval, reduction, denial, or termination, the reasons for the	113555
recommendation and approval, reduction, denial, or termination at	113556
a hearing held pursuant to an appeal made under section ~~5101.35~~	113557
5160.31 of the Revised Code.	113558

(2) Perform any duties assigned to the county board in rules	113559
adopted under section 5126.046 of the Revised Code regarding the	113560
individual's right to choose a qualified and willing provider of	113561
the services and, at a hearing held pursuant to an appeal made	113562
under section ~~5101.35~~5160.31 of the Revised Code, present	113563
evidence of the process for appropriate assistance in choosing	113564
providers;	113565

(3) If the county board is certified under section 5123.161	113566
of the Revised Code to provide the services and agrees to provide	113567
the services to the individual and the individual chooses the	113568
county board to provide the services, furnish, in accordance with	113569
the county board's medicaid provider agreement and for the	113570
authorized reimbursement rate, the services the individual	113571
requires;	113572

(4) Monitor the services provided to the individual and	113573
ensure the individual's health, safety, and welfare. The	113574
monitoring shall include quality assurance activities. If the	113575
county board provides the services, the department of	113576
developmental disabilities shall also monitor the services.	113577

(5) Develop, with the individual and the provider of the	113578
individual's services, an effective individualized service plan	113579
that includes coordination of services, recommend that the	113580
departments of developmental disabilities and ~~job and family~~	113581
~~services~~medicaid approve the plan, and implement the plan unless	113582
either department disapproves it. The individualized service plan	113583
shall include a summary page, agreed to by the county board,	113584
provider, and individual receiving services, that clearly outlines	113585
the amount, duration, and scope of services to be provided under	113586
the plan.	113587

(6) Have an investigative agent conduct investigations under	113588
section 5126.313 of the Revised Code that concern the individual;	113589

(7) Have a service and support administrator perform the	113590
duties under division (B)(9) of section 5126.15 of the Revised	113591
Code that concern the individual.	113592

(B) A county board shall perform its medicaid local	113593
administrative authority under this section in accordance with all	113594
of the following:	113595

(1) The county board's plan that the department of	113596
developmental disabilities approves under section 5123.046 of the	113597
Revised Code;	113598

(2) All applicable federal and state laws;

113599

(3) All applicable policies of the departments of	113600
developmental disabilities and ~~job and family services~~medicaid	113601
and the United States department of health and human services;	113602

(4) The department of ~~job and family services'~~medicaid's	113603
supervision under its authority ~~under section 5111.01 of the~~	113604
~~Revised Code to act~~ as the single state medicaid agency;	113605

(5) The department of developmental disabilities' oversight.

113606

(C) The departments of developmental disabilities and ~~job and~~	113607
~~family services~~medicaid shall communicate with and provide	113608
training to county boards regarding medicaid local administrative	113609
authority granted by this section. The communication and training	113610
shall include issues regarding audit protocols and other standards	113611
established by the United States department of health and human	113612
services that the departments determine appropriate for	113613
communication and training. County boards shall participate in the	113614
training. The departments shall assess the county board's	113615
compliance against uniform standards that the departments shall	113616
establish.	113617

(D) A county board may not delegate its medicaid local	113618
administrative authority granted under this section but may	113619
contract with a person or government entity, including a council	113620
of governments, for assistance with its medicaid local	113621
administrative authority. A county board that enters into such a	113622
contract shall notify the director of developmental disabilities.	113623
The notice shall include the tasks and responsibilities that the	113624
contract gives to the person or government entity. The person or	113625
government entity shall comply in full with all requirements to	113626
which the county board is subject regarding the person or	113627
government entity's tasks and responsibilities under the contract.	113628
The county board remains ultimately responsible for the tasks and	113629
responsibilities.	113630

(E) A county board that has medicaid local administrative	113631
authority under this section shall, through the departments of	113632
developmental disabilities and ~~job and family services~~medicaid,	113633
reply to, and cooperate in arranging compliance with, a program or	113634
fiscal audit or program violation exception that a state or	113635
federal audit or review discovers. The department of ~~job and~~	113636
~~family services~~medicaid shall timely notify the department of	113637
developmental disabilities and the county board of any adverse	113638
findings. After receiving the notice, the county board, in	113639
conjunction with the department of developmental disabilities,	113640
shall cooperate fully with the department of ~~job and family~~	113641
~~services~~medicaid and timely prepare and send to the department a	113642
written plan of correction or response to the adverse findings.	113643
The county board is liable for any adverse findings that result	113644
from an action it takes or fails to take in its implementation of	113645
medicaid local administrative authority.	113646

(F) If the department of developmental disabilities or	113647
department of ~~job and family services~~medicaid determines that a	113648
county board's implementation of its medicaid local administrative	113649
authority under this section is deficient, the department that	113650
makes the determination shall require that county board do the	113651
following:	113652

(1) If the deficiency affects the health, safety, or welfare	113653
of an individual with mental retardation or other developmental	113654
disability, correct the deficiency within twenty-four hours;	113655

(2) If the deficiency does not affect the health, safety, or	113656
welfare of an individual with mental retardation or other	113657
developmental disability, receive technical assistance from the	113658
department or submit a plan of correction to the department that	113659
is acceptable to the department within sixty days and correct the	113660
deficiency within the time required by the plan of correction.	113661

Sec. 5126.131. (A)(1) Each regional council established	113662
under section 5126.13 of the Revised Code shall file with the	113663
department of developmental disabilities an annual cost report	113664
detailing the regional council's income and expenditures.	113665

(2) Each county board of developmental disabilities shall	113666
file with the department an annual cost report detailing the	113667
board's income and expenditures.	113668

(B)(1)(a) Unless the department establishes a later date for	113669
all regional council cost reports, each council shall file its	113670
cost report not later than the last day of April. At the written	113671
request of a regional council, the department may grant a	113672
fourteen-day extension for filing the cost report.	113673

(b) Unless the department establishes a later date for all	113674
county board cost reports, each board shall file its cost report	113675
not later than the last day of May. At the written request of a	113676
board, the department may grant a fourteen-day extension for	113677
filing the board's cost report.	113678

(2) The cost report shall contain information on the previous	113679
calendar year's income and expenditures. Once filed by a regional	113680
council or board, no changes may be made to the cost report,	113681
including the submission of additional documentation, except as	113682
otherwise provided in this section.	113683

(C) Each cost report filed under this section by a regional	113684
council or board shall be audited by the department or an entity	113685
designated by the department. The department or designated entity	113686
shall notify the regional council or board of the date on which	113687
the audit is to begin. The department may permit a regional	113688
council or board to submit changes to the cost report before the	113689
audit begins.	113690

If the department or designated entity determines that a	113691
filed cost report is not auditable, it shall provide written	113692
notification to the regional council or board of the cost report's	113693
deficiencies and may request additional documentation. If the	113694
department or designated entity requests additional documentation,	113695
the regional council or board shall be given sixty days after the	113696
request is made to provide the additional documentation. After	113697
sixty days, the department or designated entity shall determine	113698
whether the cost report is auditable with any additional	113699
documentation provided and shall notify the regional council or	113700
board of its determination. The determination of the department or	113701
designated entity is final.	113702

(D) The department or designated entity shall certify its	113703
audit as complete and file a copy of the certified audit in the	113704
office of the clerk of the governing body, executive officer of	113705
the governing body, and chief fiscal officer of the audited	113706
regional council or board. Changes may not be made to a cost	113707
report once the department or designated entity files the	113708
certified audit. The cost report is not a public record under	113709
section 149.43 of the Revised Code until copies of the cost report	113710
are filed pursuant to this section.	113711

(E) The department may withhold any funds that it distributes	113712
to a regional council or board as subsidy payments if either of	113713
the following is the case:	113714

(1) The cost report is not timely filed by the regional	113715
council or board with the department in accordance with division	113716
(B) of this section.	113717

(2) The cost report is determined not auditable under	113718
division (C) of this section after the department or designated	113719
entity gives the regional council or board sixty days to provide	113720
additional documentation.	113721

(F) Cost reports shall be retained by regional councils and	113722
boards for seven years. The department shall provide annual	113723
training to regional council and board employees regarding cost	113724
reports required by this section.	113725

(G) The department, in accordance with Chapter 119. of the	113726
Revised Code, may adopt any rules necessary to implement this	113727
section.	113728

Sec. 5139.03. The department of youth services shall control	113729
and manage all state institutions or facilities established or	113730
created for the training or rehabilitation of delinquent children	113731
committed to the department, except where the control and	113732
management of an institution or facility is vested by law in	113733
another agency. The department shall employ, in addition to other	113734
personnel authorized under Chapter 5139. of the Revised Code,	113735
sufficient personnel to maintain food service and buildings and	113736
grounds operations.	113737

The department of youth services shall, insofar as	113738
practicable, purchase foods and other commodities incident to food	113739
service operations from the department of ~~mental health~~mental	113740
health and addiction services. The department of youth services	113741
may enter into agreements with the department of ~~mental health~~	113742
mental health and addiction services providing for assistance and	113743
consultation in the construction of, or major modifications to,	113744
capital facilities of the department of youth services.	113745

The directors of ~~mental health~~mental health and addiction	113746
services and of youth services shall enter into written agreements	113747
to implement this section. Such directors may, from time to time,	113748
amend any agreements entered into under this section for the	113749
purposes of making more efficient use of personnel, taking	113750
advantage of economies in quantity purchasing, or for any other	113751
purpose which is mutually advantageous to both the department of	113752
youth services and the department of ~~mental health~~mental health	113753
and addiction services.	113754

The department of youth services may transfer any of its	113755
excess or surplus supplies to a community corrections facility.	113756
These supplies shall remain the property of the department for a	113757
period of five years from the date of the transfer. After the	113758
five-year period, the supplies shall become the property of the	113759
facility.	113760

Sec. 5139.04. The department of youth services shall do all	113761
of the following:	113762

(A) Support service districts through a central	113763
administrative office that shall have as its administrative head a	113764
deputy director who shall be appointed by the director of the	113765
department. When a vacancy occurs in the office of that deputy	113766
director, an assistant deputy director shall act as that deputy	113767
director until the vacancy is filled. The position of deputy	113768
director and assistant deputy director described in this division	113769
shall be in the unclassified civil service of the state.	113770

(B) Receive custody of all children committed to it under	113771
Chapter 2152. of the Revised Code, cause a study to be made of	113772
those children, and issue any orders, as it considers best suited	113773
to the needs of any of those children and the interest of the	113774
public, for the treatment of each of those children;	113775

(C) Obtain personnel necessary for the performance of its	113776
duties;	113777

(D) Adopt rules that regulate its organization and operation,	113778
that implement sections 5139.34 and 5139.41 to 5139.43 of the	113779
Revised Code, and that pertain to the administration of other	113780
sections of this chapter;	113781

(E) Submit reports of its operations to the governor and the	113782
general assembly by the thirty-first day of January of each	113783
odd-numbered year;	113784

(F) Conduct a program of research in diagnosis, training, and	113785
treatment of delinquent children to evaluate the effectiveness of	113786
the department's services and to develop more adequate methods;	113787

(G) Develop a standard form for the disposition investigation	113788
report that a juvenile court is required pursuant to section	113789
2152.18 of the Revised Code to complete and provide to the	113790
department when the court commits a child to the legal custody of	113791
the department;	113792

(H) Provide the state public defender the reasonable access	113793
authorized under division (I) of section 120.06 of the Revised	113794
Code in order to fulfill the department's constitutional	113795
obligation to provide juveniles who have been committed to the	113796
department's care access to the courts.	113797

(I) Do all other acts necessary or desirable to carry out	113798
this chapter.	113799

Sec. 5139.08. The department of youth services may enter	113800
into an agreement with the director of rehabilitation and	113801
correction pursuant to which the department of youth services, in	113802
accordance with division (C)(2) of section 5139.06 and section	113803
5120.162 of the Revised Code, may transfer to a correctional	113804
medical center established by the department of rehabilitation and	113805
correction, children who are within its custody for diagnosis or	113806
treatment of an illness, physical condition, or other medical	113807
problem. The department of youth services may enter into any other	113808
agreements with the director of job and family services, the	113809
director of ~~mental health~~mental health and addiction services,	113810
the director of developmental disabilities, the director of	113811
rehabilitation and correction, with the courts having probation	113812
officers or other public officials, and with private agencies or	113813
institutions for separate care or special treatment of children	113814
subject to the control of the department of youth services. The	113815
department of youth services may, upon the request of a juvenile	113816
court not having a regular probation officer, provide probation	113817
services for such court.	113818

Upon request by the department of youth services, any public	113819
agency or group care facility established or administered by the	113820
state for the care and treatment of children and youth shall,	113821
consistent with its functions, accept and care for any child whose	113822
custody is vested in the department in the same manner as it would	113823
be required to do if custody had been vested by a court in such	113824
agency or group care facility. If the department has reasonable	113825
grounds to believe that any child or youth whose custody is vested	113826
in it is mentally ill or mentally retarded, the department may	113827
file an affidavit under section 5122.11 or 5123.76 of the Revised	113828
Code. The department's affidavit for admission of a child or youth	113829
to such institution shall be filed with the probate court of the	113830
county from which the child was committed to the department. Such	113831
court may request the probate court of the county in which the	113832
child is held to conduct the hearing on the application, in which	113833
case the court making such request shall bear the expenses of the	113834
proceeding. If the department files such an affidavit, the child	113835
or youth may be kept in such institution until a final decision on	113836
the affidavit is made by the appropriate court.	113837

Sec. 5139.34. (A) Funds may be appropriated to the	113838
department of youth services for the purpose of granting state	113839
subsidies to counties. A county or the juvenile court that serves	113840
a county shall use state subsidies granted to the county pursuant	113841
to this section only in accordance with divisions (B)(2)(a) and	113842
(3)(a) of section 5139.43 of the Revised Code and the rules	113843
pertaining to the state subsidy funds that the department adopts	113844
pursuant to division (D) of section 5139.04 of the Revised Code.	113845
The department shall not grant financial assistance pursuant to	113846
this section for the provision of care and services for children	113847
in a placement facility unless the facility has been certified,	113848
licensed, or approved by a state or national agency with	113849
certification, licensure, or approval authority, including, but	113850
not limited to, the department of job and family services,	113851
department of education, department of ~~mental health~~mental health	113852
and addiction services, department of developmental disabilities,	113853
or American correctional association. For the purposes of this	113854
section, placement facilities do not include a state institution	113855
or a county or district children's home.	113856

The department also shall not grant financial assistance	113857
pursuant to this section for the provision of care and services	113858
for children, including, but not limited to, care and services in	113859
a detention facility, in another facility, or in out-of-home	113860
placement, unless the minimum standards applicable to the care and	113861
services that the department prescribes in rules adopted pursuant	113862
to division (D) of section 5139.04 of the Revised Code have been	113863
satisfied.	113864

(B) The department of youth services shall apply the	113865
following formula to determine the amount of the annual grant that	113866
each county is to receive pursuant to division (A) of this	113867
section, subject to the appropriation for this purpose to the	113868
department made by the general assembly:	113869

(1) Each county shall receive a basic annual grant of fifty	113870
thousand dollars.	113871

(2) The sum of the basic annual grants provided under	113872
division (B)(1) of this section shall be subtracted from the total	113873
amount of funds appropriated to the department of youth services	113874
for the purpose of making grants pursuant to division (A) of this	113875
section to determine the remaining portion of the funds	113876
appropriated. The remaining portion of the funds appropriated	113877
shall be distributed on a per capita basis to each county that has	113878
a population of more than twenty-five thousand for that portion of	113879
the population of the county that exceeds twenty-five thousand.	113880

(C)(1) Prior to a county's receipt of an annual grant	113881
pursuant to this section, the juvenile court that serves the	113882
county shall prepare, submit, and file in accordance with division	113883
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	113884
agreement and application for funding that is for the combined	113885
purposes of, and that satisfies the requirements of, this section	113886
and section 5139.43 of the Revised Code. In addition to the	113887
subject matters described in division (B)(3)(a) of section 5139.43	113888
of the Revised Code or in the rules that the department adopts to	113889
implement that division, the annual grant agreement and	113890
application for funding shall address fiscal accountability and	113891
performance matters pertaining to the programs, care, and services	113892
that are specified in the agreement and application and for which	113893
state subsidy funds granted pursuant to this section will be used.	113894

(2) The county treasurer of each county that receives an	113895
annual grant pursuant to this section shall deposit the state	113896
subsidy funds so received into the county's felony delinquent care	113897
and custody fund created pursuant to division (B)(1) of section	113898
5139.43 of the Revised Code. Subject to exceptions prescribed in	113899
section 5139.43 of the Revised Code that may apply to the	113900
disbursement, the department shall disburse the state subsidy	113901
funds to which a county is entitled in a lump sum payment that	113902
shall be made in July of each calendar year.	113903

(3) Upon an order of the juvenile court that serves a county	113904
and subject to appropriation by the board of county commissioners	113905
of that county, a county treasurer shall disburse from the	113906
county's felony delinquent care and custody fund the state subsidy	113907
funds granted to the county pursuant to this section for use only	113908
in accordance with this section, the applicable provisions of	113909
section 5139.43 of the Revised Code, and the county's approved	113910
annual grant agreement and application for funding.	113911

(4) The moneys in a county's felony delinquent care and	113912
custody fund that represent state subsidy funds granted pursuant	113913
to this section are subject to appropriation by the board of	113914
county commissioners of the county; shall be disbursed by the	113915
county treasurer as required by division (C)(3) of this section;	113916
shall be used in the manners referred to in division (C)(3) of	113917
this section; shall not revert to the county general fund at the	113918
end of any fiscal year; shall carry over in the felony delinquent	113919
care and custody fund from the end of any fiscal year to the next	113920
fiscal year; shall be in addition to, and shall not be used to	113921
reduce, any usual annual increase in county funding that the	113922
juvenile court is eligible to receive or the current level of	113923
county funding of the juvenile court and of any programs, care, or	113924
services for alleged or adjudicated delinquent children, unruly	113925
children, or juvenile traffic offenders or for children who are at	113926
risk of becoming delinquent children, unruly children, or juvenile	113927
traffic offenders; and shall not be used to pay for the care and	113928
custody of felony ~~deliquents~~delinquents who are in the care and	113929
custody of an institution pursuant to a commitment, recommitment,	113930
or revocation of a release on parole by the juvenile court of that	113931
county or who are in the care and custody of a community	113932
corrections facility pursuant to a placement by the department	113933
with the consent of the juvenile court as described in division	113934
(E) of section 5139.36 of the Revised Code.	113935

(5) As a condition of the continued receipt of state subsidy	113936
funds pursuant to this section, each county and the juvenile court	113937
that serves each county that receives an annual grant pursuant to	113938
this section shall comply with divisions (B)(3)(b), (c), and (d)	113939
of section 5139.43 of the Revised Code.	113940

Sec. 5145.162. (A) There is hereby created the office of	113941
enterprise development advisory ~~council of directors for prison~~	113942
~~labor consisting~~board to advise and assist the department of	113943
rehabilitation and correction with the creation of training	113944
programs and jobs for inmates and releasees through partnerships	113945
with private sector businesses. The board shall consist of at	113946
least five appointed members and the executive director of the	113947
office of the correctional institution inspection committee, who	113948
shall serve as an ex officio member. Each member shall have	113949
experience in labor relations, marketing, business management, or	113950
business. The members and chairperson shall be appointed by the	113951
~~governor~~director of the department of rehabilitation and	113952
correction. ~~Within thirty days after April 9, 1981, the governor~~	113953
~~shall make the initial appointments to the council of directors.~~	113954
~~Of the initial appointments made to the council of directors, two~~	113955
~~shall be for a term ending one year after April 9, 1981, two shall~~	113956
~~be for a term ending two years after that date, and one shall be~~	113957
~~for a term ending three years after that date. After the~~	113958
~~expiration of the initial terms, the terms of office for the~~	113959
~~members shall be for three years, each term ending on the same day~~	113960
~~of the same month of the year as did the term that it succeeds.~~	113961
~~Each member shall hold office from the date of appointment until~~	113962
~~the end of the term for which the member was appointed. Any~~	113963
~~vacancy on the advisory council shall be filled by the governor.~~	113964
~~Any member appointed to fill a vacancy occurring prior to the~~	113965
~~expiration of the term for which the member's predecessor was~~	113966
~~appointed shall hold office for the remainder of the predecessor's~~	113967
~~term. Any member shall continue in office subsequent to the~~	113968
~~expiration date of the member's term until a successor takes~~	113969
~~office, or until a period of sixty days has elapsed, whichever~~	113970
~~occurs first.~~	113971

(B) Each member of the advisory ~~council, while engaged in the~~	113972
~~performance of the business of the advisory council,~~board shall	113973
receive no compensation but may be reimbursed for expenses	113974
actually and necessarily incurred in the performance of official	113975
duties of the board. Members of the board who are state employees	113976
shall be reimbursed for expenses pursuant to travel rules	113977
promulgated by the office of budget and management.	113978

(C) The advisory ~~council~~board shall adopt procedures for the	113979
conduct of the board's meetings. The board shall meet ~~within two~~	113980
~~weeks after the initial members have been appointed at a time and~~	113981
~~place determined by the governor. At its first meeting, the~~	113982
~~advisory council shall elect a chairperson and shall adopt rules~~	113983
~~for its procedures. The advisory council shall elect a new~~	113984
~~chairperson annually at its January meeting. The advisory council~~	113985
~~shall meet at least once every January and~~ at least once every ~~two~~	113986
~~months thereafter~~quarter, and otherwise shall meet at the call of	113987
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	113988
~~of the members. Three~~director of the department of rehabilitation	113989
and correction. Sixty per cent of the members ~~constitutes~~shall	113990
constitute a quorum~~, and no action~~. No transaction of the board's	113991
business shall be taken without the concurrence of a quorum of the	113992
members. The board may have committees with persons who are not	113993
members of the board but whose experience and expertise is	113994
relevant and useful to the work of the committee.	113995

(D) The advisory ~~council~~board shall ~~advise and assist the~~	113996
~~department of rehabilitation and correction when the department~~	113997
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	113998
~~Revised Code, establishes prices for goods, products, services, or~~	113999
~~labor produced or supplied by prisoners, and otherwise establishes~~	114000
~~and administers the program for employment of prisoners~~	114001
~~established by the department pursuant to division (A) of section~~	114002
~~5145.16 of the Revised Code. The department shall consider the~~	114003
~~advice and assistance of the advisory council that is provided~~	114004
~~pursuant to this section, and shall cooperate with the advisory~~	114005
~~council. The advisory council may recommend~~have the following	114006
duties:	114007

(1) Solicit business proposals offering job training,	114008
apprenticeship, education programs, and employment opportunities	114009
for inmates and releasees;	114010

(2) Provide information and input to the office of enterprise	114011
development to support the job training and employment program of	114012
inmates and releasees and any additional, related duties as	114013
requested by the director of the department of rehabilitation and	114014
correction;	114015

(3) Recommend to the ~~general assembly~~office of enterprise	114016
development any ~~further~~ legislation, administrative rule, or	114017
department policy change that itthe board believes is necessary	114018
to implement the department's program ~~of employment of prisoners~~;	114019

(4) Promote public awareness of the office of enterprise	114020
development and the office's employment program;	114021

(5) Familiarize itself and the public with avenues to access	114022
the office of enterprise development on employment program	114023
concerns;	114024

(6) Advocate for the needs and concerns of the office of	114025
enterprise development in local communities, counties, and the	114026
state;	114027

(7) Play an active role in the office of enterprise	114028
development's efforts to reduce recidivism in the state by doing	114029
all of the following:	114030

(a) Providing input and making recommendations for the	114031
office's consideration in monitoring employment program compliance	114032
and effectiveness;	114033

(b) Making suggestions on the appropriate priorities for the	114034
office's grant award criteria;	114035

(c) Being a liaison between the office and constituents of	114036
the board's members;	114037

(d) Working to develop constituent groups interested in	114038
employment program issues;	114039

(8) Aid in the employment program development process by	114040
playing a leadership role in professional associations by	114041
discussing employment program issues.	114042

(E) The department of rehabilitation and correction shall	114043
initially screen each proposal obtained under division (D)(1) of	114044
this section to ensure that the proposal is a viable venture to	114045
pursue. If the department determines that a proposal is a viable	114046
venture to pursue, the department shall submit the proposal to the	114047
board for objective review against established guidelines. The	114048
board shall determine whether to recommend the implementation of	114049
the program to the department.	114050

Sec. 5145.18. Any printing or binding performed in a state	114051
correctional institution may be performed for the use of the	114052
institution, the departments of ~~mental health~~mental health and	114053
addiction services, developmental disabilities, and rehabilitation	114054
and correction, the department of public safety in connection with	114055
the registration of motor vehicles, and for any other purpose	114056
authorized by division (B) of section 5145.03 and by sections	114057
5145.16 and 5145.161 of the Revised Code.	114058

Sec. 5149.22. There is hereby established the Ohio council	114059
for interstate adult offender supervision pursuant to Article IV	114060
of the interstate compact for adult offender supervision. The	114061
council shall be comprised of ~~seven~~at least twelve members. One	114062
member shall be the compact administrator for this state for the	114063
interstate compact for adult offender supervision, or the	114064
administrator's designee. The speaker of the house of	114065
representatives shall appoint one member, shall be of the house of	114066
representatives. The president of the senate shall appoint one	114067
member, who shall be a member of the senate. The chief justice of	114068
the supreme court shall appoint ~~one member~~three members, ~~who~~two	114069
of whom shall be ~~a member~~members of the judiciary. The governor	114070
shall appoint ~~three~~five members, ~~one of whom shall be~~including a	114071
representative of a crime victim's organization, ~~and one of whom~~	114072
~~shall be from~~a member of the executive branch, a prosecuting	114073
attorney, a member of the state public defender's office, and a	114074
chief probation officer. The attorney general shall appoint one	114075
member, who shall be from the bureau of criminal identification	114076
and investigation. The director of rehabilitation and correction	114077
shall appoint as many additional members as the director considers	114078
necessary to fulfill the mission of the compact. The Ohio council	114079
for interstate adult offender supervision is not subject to	114080
section 101.84 of the Revised Code.	114081

Each appointee to the state council shall be appointed in	114082
consultation with the department of rehabilitation and correction	114083
and shall serve at the pleasure of the appointing authority. The	114084
members of the council shall serve without compensation, but each	114085
member shall be reimbursed for the member's actual and necessary	114086
expenses incurred in the performance of the member's official	114087
duties on the council.	114088

The compact administrator for this state for the interstate	114089
compact for adult offender supervision, or the administrator's	114090
designee, shall serve as commissioner of the state council and as	114091
this state's representative to the interstate commission	114092
established under Article III of that compact.	114093

Sec. 5153.16. (A) Except as provided in section 2151.422 of	114094
the Revised Code, in accordance with rules adopted under section	114095
5153.166 of the Revised Code, and on behalf of children in the	114096
county whom the public children services agency considers to be in	114097
need of public care or protective services, the public children	114098
services agency shall do all of the following:	114099

(1) Make an investigation concerning any child alleged to be	114100
an abused, neglected, or dependent child;	114101

(2) Enter into agreements with the parent, guardian, or other	114102
person having legal custody of any child, or with the department	114103
of job and family services, department of ~~mental health~~mental	114104
health and addiction services, department of developmental	114105
disabilities, other department, any certified organization within	114106
or outside the county, or any agency or institution outside the	114107
state, having legal custody of any child, with respect to the	114108
custody, care, or placement of any child, or with respect to any	114109
matter, in the interests of the child, provided the permanent	114110
custody of a child shall not be transferred by a parent to the	114111
public children services agency without the consent of the	114112
juvenile court;	114113

(3) Accept custody of children committed to the public	114114
children services agency by a court exercising juvenile	114115
jurisdiction;	114116

(4) Provide such care as the public children services agency	114117
considers to be in the best interests of any child adjudicated to	114118
be an abused, neglected, or dependent child the agency finds to be	114119
in need of public care or service;	114120

(5) Provide social services to any unmarried girl adjudicated	114121
to be an abused, neglected, or dependent child who is pregnant	114122
with or has been delivered of a child;	114123

(6) Make available to the bureau for children with medical	114124
handicaps of the department of health at its request any	114125
information concerning a crippled child found to be in need of	114126
treatment under sections 3701.021 to 3701.028 of the Revised Code	114127
who is receiving services from the public children services	114128
agency;	114129

(7) Provide temporary emergency care for any child considered	114130
by the public children services agency to be in need of such care,	114131
without agreement or commitment;	114132

(8) Find certified foster homes, within or outside the	114133
county, for the care of children, including handicapped children	114134
from other counties attending special schools in the county;	114135

(9) Subject to the approval of the board of county	114136
commissioners and the state department of job and family services,	114137
establish and operate a training school or enter into an agreement	114138
with any municipal corporation or other political subdivision of	114139
the county respecting the operation, acquisition, or maintenance	114140
of any children's home, training school, or other institution for	114141
the care of children maintained by such municipal corporation or	114142
political subdivision;	114143

(10) Acquire and operate a county children's home, establish,	114144
maintain, and operate a receiving home for the temporary care of	114145
children, or procure certified foster homes for this purpose;	114146

(11) Enter into an agreement with the trustees of any	114147
district children's home, respecting the operation of the district	114148
children's home in cooperation with the other county boards in the	114149
district;	114150

(12) Cooperate with, make its services available to, and act	114151
as the agent of persons, courts, the department of job and family	114152
services, the department of health, and other organizations within	114153
and outside the state, in matters relating to the welfare of	114154
children, except that the public children services agency shall	114155
not be required to provide supervision of or other services	114156
related to the exercise of parenting time rights granted pursuant	114157
to section 3109.051 or 3109.12 of the Revised Code or	114158
companionship or visitation rights granted pursuant to section	114159
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	114160
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	114161
a common pleas court, pursuant to division (E)(6) of section	114162
3113.31 of the Revised Code, requires the provision of supervision	114163
or other services related to the exercise of the parenting time	114164
rights or companionship or visitation rights;	114165

(13) Make investigations at the request of any superintendent	114166
of schools in the county or the principal of any school concerning	114167
the application of any child adjudicated to be an abused,	114168
neglected, or dependent child for release from school, where such	114169
service is not provided through a school attendance department;	114170

(14) Administer funds provided under Title IV-E of the	114171
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	114172
amended, in accordance with rules adopted under section 5101.141	114173
of the Revised Code;	114174

(15) In addition to administering Title IV-E adoption	114175
assistance funds, enter into agreements to make adoption	114176
assistance payments under section 5153.163 of the Revised Code;	114177

(16) Implement a system of safety and risk assessment, in	114178
accordance with rules adopted by the director of job and family	114179
services, to assist the public children services agency in	114180
determining the risk of abuse or neglect to a child;	114181

(17) Enter into a plan of cooperation with the board of	114182
county commissioners under section 307.983 of the Revised Code and	114183
comply with each fiscal agreement the board enters into under	114184
section 307.98 of the Revised Code that include family services	114185
duties of public children services agencies and contracts the	114186
board enters into under sections 307.981 and 307.982 of the	114187
Revised Code that affect the public children services agency;	114188

(18) Make reasonable efforts to prevent the removal of an	114189
alleged or adjudicated abused, neglected, or dependent child from	114190
the child's home, eliminate the continued removal of the child	114191
from the child's home, or make it possible for the child to return	114192
home safely, except that reasonable efforts of that nature are not	114193
required when a court has made a determination under division	114194
(A)(2) of section 2151.419 of the Revised Code;	114195

(19) Make reasonable efforts to place the child in a timely	114196
manner in accordance with the permanency plan approved under	114197
division (E) of section 2151.417 of the Revised Code and to	114198
complete whatever steps are necessary to finalize the permanent	114199
placement of the child;	114200

(20) Administer a Title IV-A program identified under	114201
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	114202
Code that the department of job and family services provides for	114203
the public children services agency to administer under the	114204
department's supervision pursuant to section 5101.801 of the	114205
Revised Code;	114206

(21) Administer the kinship permanency incentive program	114207
created under section 5101.802 of the Revised Code under the	114208
supervision of the director of job and family services;	114209

(22) Provide independent living services pursuant to sections	114210
2151.81 to 2151.84 of the Revised Code;	114211

(23) File a missing child report with a local law enforcement	114212
agency upon becoming aware that a child in the custody of the	114213
public children services agency is or may be missing.	114214

(B) The public children services agency shall use the system	114215
implemented pursuant to division (A)(16) of this section in	114216
connection with an investigation undertaken pursuant to division	114217
(F)(1) of section 2151.421 of the Revised Code to assess both of	114218
the following:	114219

(1) The ongoing safety of the child;

114220

(2) The appropriateness of the intensity and duration of the	114221
services provided to meet child and family needs throughout the	114222
duration of a case.	114223

(C) Except as provided in section 2151.422 of the Revised	114224
Code, in accordance with rules of the director of job and family	114225
services, and on behalf of children in the county whom the public	114226
children services agency considers to be in need of public care or	114227
protective services, the public children services agency may do	114228
the following:	114229

(1) Provide or find, with other child serving systems,	114230
specialized foster care for the care of children in a specialized	114231
foster home, as defined in section 5103.02 of the Revised Code,	114232
certified under section 5103.03 of the Revised Code;	114233

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	114234
this section, contract with the following for the purpose of	114235
assisting the agency with its duties:	114236

(i) County departments of job and family services;

114237

(ii) Boards of alcohol, drug addiction, and mental health	114238
services;	114239

(iii) County boards of developmental disabilities;

114240

(iv) Regional councils of political subdivisions established	114241
under Chapter 167. of the Revised Code;	114242

(v) Private and government providers of services;

114243

(vi) Managed care organizations and prepaid health plans.

114244

(b) A public children services agency contract under division	114245
(C)(2)(a) of this section regarding the agency's duties under	114246
section 2151.421 of the Revised Code may not provide for the	114247
entity under contract with the agency to perform any service not	114248
authorized by the department's rules.	114249

(c) Only a county children services board appointed under	114250
section 5153.03 of the Revised Code that is a public children	114251
services agency may contract under division (C)(2)(a) of this	114252
section. If an entity specified in division (B) or (C) of section	114253
5153.02 of the Revised Code is the public children services agency	114254
for a county, the board of county commissioners may enter into	114255
contracts pursuant to section 307.982 of the Revised Code	114256
regarding the agency's duties.	114257

Sec. 5160.01. As used in this chapter:

114258

(A) "Dual eligible individual" has the same meaning as in the	114259
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	114260
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	114261
enrollee (MME).	114262

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

114263

(C) "Federal financial participation" means the federal	114264
government's share of expenditures made by an entity in	114265
implementing a medical assistance program.	114266

(D) "Medical assistance program" means all of the following:

114267

(1) The medicaid program;

114268

(2) The children's health insurance program;

114269

(3) The refugee medical assistance program;

114270

(4) Any other program that provides medical assistance and	114271
state statutes authorize the department of medicaid to administer.	114272

(E) "Medical assistance recipient" means a recipient of a	114273
medical assistance program. To the extent appropriate in the	114274
context, "medical assistance recipient" includes an individual	114275
applying for a medical assistance program, a former medical	114276
assistance recipient, or both.	114277

(F) "Medicaid managed care organization" has the same meaning	114278
as in section 5167.01 of the Revised Code.	114279

(G) "Refugee medical assistance program" means the program	114280
that the department of medicaid administers pursuant to section	114281
5160.50 of the Revised Code.	114282

Sec. 5160.011. References to the department or director of	114283
public welfare, department or director of human services,	114284
department or director of job and family services, office of	114285
medical assistance, or medical assistance director in any statute,	114286
rule, contract, grant, or other document is deemed to refer to the	114287
department of medicaid or medicaid director, as the case may be,	114288
to the extent the reference is about a duty or authority of the	114289
department of medicaid or medicaid director regarding a medical	114290
assistance program.	114291

Sec. 5160.02. The medicaid director shall adopt rules as	114292
necessary to implement this chapter.	114293

Sec. 5160.021. (A) When the medicaid director is authorized	114294
by a statute to adopt a rule, the director shall adopt the rule in	114295
accordance with the following:	114296

(1) Chapter 119. of the Revised Code if either of the	114297
following applies:	114298

(a) The statute authorizing the rule requires that the rule	114299
be adopted in accordance with Chapter 119. of the Revised Code.	114300

(b) Unless division (A)(2)(b) of this section applies, the	114301
statute authorizing the rule does not specify the procedure for	114302
the rule's adoption.	114303

(2) Section 111.15 of the Revised Code, excluding divisions	114304
(D) and (E) of that section, if either of the following applies:	114305

(a) The statute authorizing the rule requires that the rule	114306
be adopted in accordance with section 111.15 of the Revised Code	114307
and, by the terms of division (D) of that section, division (D) of	114308
that section does not apply to the rule.	114309

(b) The statute authorizing the rule does not specify the	114310
procedure for the rule's adoption and the rule concerns the	114311
day-to-day staff procedures and operations of the department of	114312
medicaid or financial and operational matters between the	114313
department and a person or government entity receiving a grant	114314
from the department.	114315

(3) Section 111.15 of the Revised Code, including divisions	114316
(D) and (E) of that section, if the statute authorizing the rule	114317
requires that the rule be adopted in accordance with that section	114318
and the rule is not exempt from the application of division (D) of	114319
that section.	114320

(B) Except as otherwise required by a statute, the adoption	114321
of a rule in accordance with Chapter 119. of the Revised Code does	114322
not make the department of medicaid subject to the notice,	114323
hearing, or other requirements of sections 119.06 to 119.13 of the	114324
Revised Code.	114325

Sec. 5160.03. The medicaid director is the executive head of	114326
the department of medicaid. All duties conferred on the department	114327
by law or order of the director are under the director's control	114328
and shall be performed in accordance with rules the director	114329
adopts.	114330

Sec. 5160.04. The medicaid director shall appoint one	114331
assistant director for the department of medicaid. The assistant	114332
director shall exercise powers, and perform duties, as ordered by	114333
the medicaid director. The assistant director shall act as the	114334
medicaid director in the medicaid director's absence or disability	114335
and when the position of medicaid director is vacant.	114336

Sec. 5160.05. The medicaid director may appoint such	114337
employees as are necessary for the efficient operation of the	114338
department of medicaid. The director may prescribe the title and	114339
duties of the employees.	114340

Sec. 5160.051. If the medicaid director determines that a	114341
position with the department of medicaid can best be filled in	114342
accordance with division (A)(2) of section 124.30 of the Revised	114343
Code or without regard to a residency requirement established by a	114344
rule adopted by the director of administrative services, the	114345
medicaid director shall provide the director of administrative	114346
services certification of the determination.	114347

Sec. 5160.052. The department of medicaid shall collaborate	114348
with the superintendent of the bureau of criminal identification	114349
and investigation to develop procedures and formats necessary to	114350
produce the notices described in division (C) of section 109.5721	114351
of the Revised Code in a format that is acceptable for use by the	114352
department. The medicaid director may adopt rules under section	114353
5160.02 of the Revised Code necessary for such collaboration. Any	114354
such rules shall be adopted in accordance with section 111.15 of	114355
the Revised Code as if they were internal management rules.	114356

The medicaid director may adopt rules under section 5160.02	114357
of the Revised Code necessary for utilizing the information	114358
received pursuant to section 109.5721 of the Revised Code. The	114359
rules shall be adopted in accordance with Chapter 119. of the	114360
Revised Code.	114361

Sec. 5160.06. The medicaid director may require any of the	114362
employees of the department of medicaid who may be charged with	114363
custody or control of any public money or property or who is	114364
required to give bond, to give a bond, properly conditioned, in a	114365
sum to be fixed by the director which when approved by the	114366
director, shall be filed in the office of the secretary of state.	114367
The cost of such bonds, when approved by the director, shall be	114368
paid from funds available for the department. The bonds required	114369
or authorized by this section may, in the discretion of the	114370
director, be individual, schedule, or blanket bonds.	114371

Sec. 5160.10. The medicaid director may expend funds	114372
appropriated or available to the department of medicaid from	114373
persons and government entities. For purposes of this section, the	114374
director may enter into contracts or agreements with persons and	114375
government entities and make grants to persons and government	114376
entities. To the extent permitted by federal law, the director may	114377
advance funds to a grantee when necessary for the grantee to	114378
perform duties under the grant as specified by the director.	114379

The director may adopt rules under section 5160.02 of the	114380
Revised Code as necessary to define terms and adopt procedures and	114381
other provisions necessary to implement this section.	114382

Sec. 5160.11. The state health care grants fund is hereby	114383
created in the state treasury. Money the department of medicaid	114384
receives from private foundations in support of pilot projects	114385
that promote exemplary programs that enhance programs the	114386
department administers shall be credited to the fund. The	114387
department may expend the money on such projects, may use the	114388
money, to the extent allowable, to match federal financial	114389
participation in support of such projects, and shall comply with	114390
requirements the foundations have stipulated in their agreements	114391
with the department as to the purposes for which the money may be	114392
expended.	114393

Sec. 5160.12. (A) As used in this section, "entity" includes	114394
an agency, board, commission, or department of the state or a	114395
political subdivision of the state; a private, nonprofit entity; a	114396
school district; a private school; or a public or private	114397
institution of higher education.	114398

(B) This section does not apply to contracts entered into	114399
under section 5162.32 or 5162.35 of the Revised Code.	114400

(C) At the request of any public entity having authority to	114401
implement a program administered by the department of medicaid or	114402
any private entity under contract with a public entity to	114403
implement a program administered by the department, the department	114404
may seek to obtain federal financial participation for costs	114405
incurred by the entity. Federal financial participation may be	114406
sought from programs operated pursuant to Title XIX of the "Social	114407
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	114408
regulation under which federal financial participation may be	114409
available, except that federal financial participation may be	114410
sought only for expenditures made with funds for which federal	114411
financial participation is available under federal law.	114412

(D) All funds collected by the department pursuant to	114413
division (C) of this section shall be distributed to the entities	114414
that incurred the costs.	114415

(E) In distributing federal financial participation pursuant	114416
to this section, the department may either enter into an agreement	114417
with the entity that is to receive the funds or distribute the	114418
funds in accordance with rules authorized by division (H) of this	114419
section. If the department decides to enter into an agreement to	114420
distribute the funds, the agreement may include terms that do any	114421
of the following:	114422

(1) Provide for the whole or partial reimbursement of any	114423
cost incurred by the entity in implementing the program;	114424

(2) In the event that federal financial participation is	114425
disallowed or otherwise unavailable for any expenditure, require	114426
the department or the entity, whichever party caused the	114427
disallowance or unavailability of federal financial participation,	114428
to assume responsibility for the expenditures;	114429

(3) Require the entity to certify to the department the	114430
availability of sufficient unencumbered funds to match the federal	114431
financial participation the entity receives under this section;	114432

(4) Establish the length of the agreement, which may be for a	114433
fixed or a continuing period of time;	114434

(5) Establish any other requirements determined by the	114435
department to be necessary for the efficient administration of the	114436
agreement.	114437

(F) An entity that receives federal financial participation	114438
pursuant to this section for a program aiding children and their	114439
families shall establish a process for collaborative planning with	114440
the department for the use of the funds to improve and expand the	114441
program.	114442

(G) Federal financial participation received pursuant to this	114443
section shall not be included in any calculation made under	114444
section 5101.16 or 5101.161 of the Revised Code.	114445

(H) The medicaid director may adopt rules under section	114446
5160.02 of the Revised Code as necessary to implement this	114447
section, including rules for the distribution of federal financial	114448
participation pursuant to this section. The rules shall be adopted	114449
in accordance with Chapter 119. of the Revised Code.	114450

Sec. 5160.13. The department of medicaid may enter into	114451
contracts with private entities to maximize federal revenue	114452
without the expenditure of state money. In selecting private	114453
entities with which to contract, the department shall engage in a	114454
request for proposals process. The department, subject to the	114455
approval of the controlling board, may also directly enter into	114456
contracts with public entities providing revenue maximization	114457
services.	114458

Sec. 5160.16. The department of medicaid may appoint and	114459
commission any competent person to serve as a special agent,	114460
investigator, or representative to perform a designated duty for	114461
and on behalf of the department. Specific credentials shall be	114462
given by the department to each person so designated, and each	114463
credential shall state the following:	114464

(A) The person's name;

114465

(B) The agency with which the person is connected;

114466

114467

(D) The date the appointment expires, if appropriate;

114468

(E) Such information as the department considers proper.

114469

Sec. 5160.20. (A) The department of medicaid may conduct any	114470
audits or investigations that are necessary in the performance of	114471
the department's duties, and to that end, the department has the	114472
same power as a judge of a county court to administer oaths and to	114473
enforce the attendance and testimony of witnesses and the	114474
production of books or papers.	114475

The department shall keep a record of the department's audits	114476
and investigations stating the time, place, charges, or subject;	114477
witnesses summoned and examined; and the department's conclusions.	114478

Witnesses shall be paid the fees and mileage provided for	114479
under section 119.094 of the Revised Code.	114480

(B) Any judge of any division of the court of common pleas,	114481
on application of the department, may compel the attendance of	114482
witnesses, the production of books or papers, and the giving of	114483
testimony before the department, by a judgment for contempt or	114484
otherwise, in the same manner as in cases before those courts.	114485

(C) Until an audit report is formally released by the	114486
department, the audit report or any working paper or other	114487
document or record prepared by the department and related to the	114488
audit that is the subject of the audit report is not a public	114489
record under section 149.43 of the Revised Code.	114490

(D) The medicaid director may adopt rules under section	114491
5160.02 of the Revised Code as necessary to implement this	114492
section. The rules shall be adopted in accordance with section	114493
111.15 of the Revised Code as if they were internal management	114494
rules.	114495

Sec. 5160.21. On the request of the medicaid director, the	114496
auditor of state may conduct an audit of any medical assistance	114497
recipient. If the auditor decides to conduct an audit under this	114498
section, the auditor shall enter into an interagency agreement	114499
with the department of medicaid that specifies that the auditor	114500
agrees to comply with section 5160.45 of the Revised Code with	114501
respect to any information the auditor receives pursuant to the	114502
audit.	114503

Sec. 5160.22. (A) The auditor of state and attorney general,	114504
or their designees, may examine any records, whether in computer	114505
or printed format, in the possession of the medicaid director or	114506
any county director of job and family services, regarding medical	114507
assistance programs. The auditor of state and attorney general	114508
shall do both of the following regarding the records:	114509

(1) Provide safeguards that restrict access to the records to	114510
purposes directly connected with an audit or investigation,	114511
prosecution, or criminal or civil proceeding conducted in	114512
connection with the administration of the programs;	114513

(2) Comply, and ensure that their designees comply, with	114514
section 5160.45 of the Revised Code and rules of the medicaid	114515
director restricting the disclosure of information regarding	114516
medical assistance recipients.	114517

(B) Any person who fails to comply with the restriction	114518
specified in division (A) of this section is disqualified from	114519
acting as an agent or employee or in any other capacity under	114520
appointment or employment of any state board, commission, or	114521
agency.	114522

Sec. 5160.23. The auditor of state is responsible for the	114523
costs the auditor incurs in carrying out the auditor's duties	114524
under sections 5160.21 and 5160.22 of the Revised Code.	114525

Sec. 5160.30. (A) Except as provided in divisions (B) and	114526
(C) of this section, the department of medicaid may accept	114527
applications, determine eligibility, redetermine eligibility, and	114528
perform related administrative activities for medical assistance	114529
programs.	114530

(B) The department may enter into agreements with one or more	114531
agencies of the federal government, the state, other states, and	114532
local governments of this or other states to accept applications,	114533
determine eligibility, redetermine eligibility, and perform	114534
related administrative activities on behalf of the department with	114535
respect to medical assistance programs.	114536

(C) If federal law requires a face-to-face interview to	114537
complete an eligibility determination for a medical assistance	114538
program, the department shall not conduct the face-to-face	114539
interview.	114540

(D) Subject to division (C) of this section, if the	114541
department elects to accept applications, determine eligibility,	114542
redetermine eligibility, and perform related administrative	114543
activities for a medical assistance program, both of the following	114544
apply:	114545

(1) An individual may apply for the medical assistance	114546
program to the department or an agency authorized by an agreement	114547
entered into under division (B) of this section to accept the	114548
individual's application;	114549

(2) The department is subject to federal statutes and	114550
regulations and state statutes and rules that require, permit, or	114551
prohibit an action regarding accepting applications, determining	114552
or redetermining eligibility, and performing related	114553
administrative activities for the medical assistance program.	114554

Sec. 5160.31. (A) A medical assistance recipient may appeal	114555
a decision regarding the recipient's eligibility for a medical	114556
assistance program or services available to the recipient under a	114557
medical assistance program.	114558

(B) Regarding appeals authorized by this section, the	114559
department of medicaid shall do one or more of the following:	114560

(1) Administer an appeals process similar to the appeals	114561
process established under section 5101.35 of the Revised Code;	114562

(2) Contract with the department of job and family services	114563
pursuant to section 5162.35 of the Revised Code to provide for the	114564
department of job and family services to hear the appeals in	114565
accordance with section 5101.35 of the Revised Code;	114566

(3) Delegate authority to hear appeals to an exchange or	114567
exchange appeals entity.	114568

(C) If a medical assistance recipient files an appeal as	114569
authorized by this section, the department of medicaid may do	114570
either or both of the following:	114571

(1) Take corrective action regarding the matter being	114572
appealed before a hearing decision regarding the matter is issued;	114573

(2) If a hearing decision, administrative appeal decision, or	114574
court ruling is against the recipient, take action in favor of the	114575
recipient despite the contrary decision or ruling, unless, in the	114576
case of a court's ruling, the ruling prohibits the department from	114577
taking the action.	114578

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	114579
to ~~5101.591~~5160.43 of the Revised Code:	114580

(A) "Information" means all of the following:

114581

(1) An individual's name, address, date of birth, and social	114582
security number;	114583

(2) The group or plan number, or other identifier, assigned	114584
by a third party to a policy held by an individual or a plan in	114585
which the individual participates and the nature of the coverage;	114586

(3) Any other data the medicaid director ~~of job and family~~	114587
~~services~~ specifies in rules ~~adopted under~~authorized by section	114588
~~5101.591~~5160.43 of the Revised Code.	114589

(B) ~~"Medical assistance" means medical items or services~~	114590
~~provided under any of the following:~~	114591

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	114592
~~Code;~~	114593

~~(2) The children's health insurance program part I, part II,~~	114594
~~and part III established under sections 5101.50, 5101.51, and~~	114595
~~5101.52 of the Revised Code.~~	114596

~~(C)~~ "Medical support" means support specified as support for	114597
the purpose of medical care by order of a court or administrative	114598
agency.	114599

~~(D) "Public assistance" means medical assistance or~~	114600
~~assistance under the Ohio works first program established under~~	114601
~~Chapter 5107. of the Revised Code.~~	114602

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	114603
except as provided in division ~~(E)~~(C)(3) of this section, "third	114604
party" means all of the following:	114605

(a) A person authorized to engage in the business of sickness	114606
and accident insurance under Title XXXIX of the Revised Code;	114607

(b) A person or governmental entity providing coverage for	114608
medical services or items to individuals on a self-insurance	114609
basis;	114610

(c) A health insuring corporation as defined in section	114611
1751.01 of the Revised Code;	114612

(d) A group health plan as defined in 29 U.S.C. 1167;

114613

(e) A service benefit plan as referenced in 42 U.S.C.	114614
1396a(a)(25);	114615

(f) A managed care organization;

114616

(g) A pharmacy benefit manager;

114617

(h) A third party administrator;

114618

(i) Any other person or governmental entity that is, by law,	114619
contract, or agreement, responsible for the payment or processing	114620
of a claim for a medical item or service for a ~~public~~medical	114621
assistance recipient ~~or participant~~.	114622

(2) Except when otherwise provided by the "Social Security	114623
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	114624
governmental entity listed in division ~~(E)~~(C)(1) of this section	114625
is a third party even if the person or governmental entity limits	114626
or excludes payments for a medical item or service in the case of	114627
a public assistance recipient.	114628

(3) "Third party" does not include the program for medically	114629
handicapped children established under section 3701.023 of the	114630
Revised Code.	114631

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	114632
assistance recipient's enrollment in a medical assistance program	114633
gives an automatic right of recovery to the department of ~~job and~~	114634
~~family services~~medicaid and a county department of job and family	114635
services against the liability of a third party for the cost of	114636
medical assistance paid on behalf of the ~~public assistance~~	114637
recipient ~~or participant~~. When an action or claim is brought	114638
against a third party by a ~~public~~medical assistance recipient or	114639
~~participant~~, any payment, settlement or compromise of the action	114640
or claim, or any court award or judgment, is subject to the	114641
recovery right of the department of ~~job and family services~~	114642
medicaid or county department ~~of job and family services~~. Except	114643
in the case of a medical assistance recipient ~~or participant~~ who	114644
receives medical assistance through a medicaid managed care	114645
organization, the department's or county department's claim shall	114646
not exceed the amount of medical assistance paid by athe	114647
department or county department on behalf of the recipient or	114648
~~participant~~. A payment, settlement, compromise, judgment, or award	114649
that excludes the cost of medical assistance paid for by athe	114650
department or county department shall not preclude a department	114651
from enforcing its rights under this section.	114652

(B) In the case of a medical assistance recipient or	114653
~~participant~~ who receives medical assistance through a medicaid	114654
managed care organization, the amount of the department's or	114655
county department's claim shall be the amount the medicaid managed	114656
care organization pays for medical assistance rendered to the	114657
recipient ~~or participant~~, even if that amount is more than the	114658
amount athe department or county department pays to the medicaid	114659
managed care organization for the recipient's ~~or participant's~~	114660
medical assistance.	114661

(C) A medical assistance recipient ~~or participant~~, and the	114662
recipient's ~~or participant's~~ attorney, if any, shall cooperate	114663
with the departments. In furtherance of this requirement, the	114664
medical assistance recipient ~~or participant~~, or the recipient's or	114665
~~participant's~~ attorney, if any, shall, not later than thirty days	114666
after initiating informal recovery activity or filing a legal	114667
recovery action against a third party, provide written notice of	114668
the activity or action to the department of ~~job and family~~	114669
~~services when~~medicaid or county department if it has paid for	114670
medical assistance under ~~medicaid has been paid~~a medical	114671
assistance program.	114672

(D) The written notice that must be given under division (C)	114673
of this section shall disclose the identity and address of any	114674
third party against whom the medical assistance recipient or	114675
~~participant~~ has or may have a right of recovery.	114676

(E) No settlement, compromise, judgment, or award or any	114677
recovery in any action or claim by a medical assistance recipient	114678
~~or participant~~ where the ~~departments have~~department or county	114679
department has a right of recovery shall be made final without	114680
first giving the ~~appropriate departments~~department or county	114681
department written notice as described in division (C) of this	114682
section and a reasonable opportunity to perfect ~~their~~its rights	114683
of recovery. If the ~~departments are~~department or county	114684
department is not given the appropriate written notice, the	114685
medical assistance recipient ~~or participant~~ and, if there is one,	114686
the recipient's ~~or participant's~~ attorney, are liable to reimburse	114687
the ~~departments~~department or county department for the recovery	114688
received to the extent of medical assistance payments made by the	114689
~~departments~~department or county department.	114690

(F) The ~~departments~~department or county department shall be	114691
permitted to enforce ~~their~~its recovery rights against the third	114692
party even though ~~they~~it accepted prior payments in discharge of	114693
~~their~~its rights under this section if, at the time the	114694
~~departments~~department or county department received such	114695
payments, ~~they were~~it was not aware that additional medical	114696
expenses had been incurred but had not yet been paid by the	114697
~~departments~~department or county department. The third party	114698
becomes liable to the department ~~of job and family services~~ or	114699
county department ~~of job and family services~~ as soon as the third	114700
party is notified in writing of the valid claims for recovery	114701
under this section.	114702

(G)(1) Subject to division (G)(2) of this section, the right	114703
of recovery of athe department or county department does not	114704
apply to that portion of any judgment, award, settlement, or	114705
compromise of a claim, to the extent of attorneys' fees, costs, or	114706
other expenses incurred by a medical assistance recipient or	114707
~~participant~~ in securing the judgment, award, settlement, or	114708
compromise, or to the extent of medical, surgical, and hospital	114709
expenses paid by such recipient ~~or participant~~ from the	114710
recipient's ~~or participant's~~ own resources.	114711

(2) Reasonable attorneys' fees, not to exceed one-third of	114712
the total judgment, award, settlement, or compromise, plus costs	114713
and other expenses incurred by the medical assistance recipient or	114714
~~participant~~ in securing the judgment, award, settlement, or	114715
compromise, shall first be deducted from the total judgment,	114716
award, settlement, or compromise. After fees, costs, and other	114717
expenses are deducted from the total judgment, award, settlement,	114718
or compromise, the department of ~~job and family services~~medicaid	114719
or ~~appropriate~~ county department ~~of job and family services~~ shall	114720
receive no less than one-half of the remaining amount, or the	114721
actual amount of medical assistance paid, whichever is less.	114722

(H) A right of recovery created by this section may be	114723
enforced separately or jointly by the department of ~~job and family~~	114724
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	114725
~~family services~~. To enforce ~~their~~its recovery rights, the	114726
~~departments~~department or county department may do any of the	114727
following:	114728

(1) Intervene or join in any action or proceeding brought by	114729
the medical assistance recipient ~~or participant~~ or on the	114730
recipient's ~~or participant's~~ behalf against any third party who	114731
may be liable for the cost of medical assistance paid;	114732

(2) Institute and pursue legal proceedings against any third	114733
party who may be liable for the cost of medical assistance paid;	114734

(3) Initiate legal proceedings in conjunction with any	114735
injured, diseased, or disabled medical assistance recipient or	114736
~~participant~~ or the recipient's ~~or participant's~~ attorney or	114737
representative.	114738

(I) A medical assistance recipient ~~or participant~~ shall not	114739
assess attorney fees, costs, or other expenses against the	114740
department of ~~job and family services~~medicaid or a county	114741
department ~~of job and family services~~ when the department or	114742
county department enforces its right of recovery created by this	114743
section.	114744

(J) The right of recovery given to the department under this	114745
section ~~does not include rights to support from any other person~~	114746
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	114747
~~Revised Code, but~~ includes payments made by a third party under	114748
contract with a person having a duty to support.	114749

(K) The department of medicaid may assign to a medical	114750
assistance provider the right of recovery given to the department	114751
under this section with respect to any claim for which the	114752
department has notified the provider that the department intends	114753
to recoup the department's prior payment for the claim.	114754

Sec. 5160.371. In addition to the requirement of division	114755
(C) of section 5160.37 of the Revised Code to cooperate with the	114756
department of medicaid and county department of job and family	114757
services, a medical assistance recipient and the recipient's	114758
attorney, if any, shall cooperate with each medical provider of	114759
the recipient. Cooperation with a medical provider shall consist	114760
of disclosing to the provider all information the recipient and	114761
attorney, if any, possess that would assist the provider in	114762
determining each third party that is responsible for the payment	114763
or processing of a claim for medical assistance provided to the	114764
recipient. If disclosure is not made in accordance with this	114765
section, the recipient and the recipient's attorney, if any, are	114766
liable to reimburse the department or county department for the	114767
amount that would have been paid by a third party had the third	114768
party been disclosed to the provider by the recipient or the	114769
recipient's attorney.	114770

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	114771
ofenrollment in, ~~public~~a medical assistance program constitutes	114772
an automatic assignment of ~~certain~~ rights specified in division	114773
(B) of this section to the department of ~~job and family services~~	114774
medicaid. This assignment includes the rights of the ~~applicant,~~	114775
medical assistance recipient~~, or participant~~ and also the rights	114776
of any other member of the assistance group for whom the	114777
~~applicant,~~ recipient~~, or participant~~ can legally make an	114778
assignment.	114779

(B) Pursuant to this section, ~~the applicant,~~a medical	114780
assistance recipient~~, or participant~~ assigns to the department any	114781
rights to medical support available to the ~~applicant,~~ recipient,	114782
~~or participant~~ or ~~for~~ other members of the recipient's assistance	114783
group under an order of a court or administrative agency, and any	114784
rights to payments by a liable third party for the cost of medical	114785
assistance paid on behalf of ~~a public assistance~~the recipient or	114786
~~participant~~or other members of the assistance group. The	114787
recipient ~~or participant~~ shall cooperate with the department in	114788
obtaining such payments.	114789

Medicare benefits shall not be assigned pursuant to this	114790
section. Benefits assigned to the department by operation of this	114791
section are directly reimbursable to the department by liable	114792
third parties.	114793

(C) Refusal by ~~the applicant,~~a medical assistance recipient,	114794
~~or participant~~ to cooperate in obtaining medical assistance paid	114795
for self or any other member of the recipient's assistance group	114796
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	114797
~~public~~a medical assistance program, unless cooperation is waived	114798
by the department. Eligibility shall continue for any individual	114799
who cannot legally assign the individual's own rights and who	114800
would have been eligible for ~~public~~a medical assistance program	114801
but for the refusal to assign the individual's rights or to	114802
cooperate as required by this section by another person legally	114803
able to assign the individual's rights.	114804

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	114805
~~participant~~ or any member of the recipient's assistance group	114806
becomes ineligible for ~~public~~a medical assistance program, the	114807
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	114808
or ~~member of the~~ assistance group member any future rights to	114809
benefits assigned under this section.	114810

~~(E) The rights of assignment given to the department under~~	114811
~~this section do not include rights to support assigned under~~	114812
~~section 5107.20 or 5115.07 of the Revised Code.~~	114813

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	114814
with the department of ~~job and family services~~medicaid in	114815
identifying individuals for the purpose of establishing third	114816
party liability ~~pursuant to Title XIX of the Social Security Act,~~	114817
~~as amended~~regarding medical assistance programs.	114818

(B) In furtherance of the requirement in division (A) of this	114819
section and to allow the department to determine any period that	114820
the individual or the individual's spouse or dependent may have	114821
been covered by the third party and the nature of the coverage, a	114822
third party shall provide, as the department so chooses,	114823
information or access to information, or both, in the third	114824
party's electronic data system on the department's request and in	114825
accordance with division (C) of this section.	114826

(C)(1) If the department chooses to receive information	114827
directly, the third party shall provide the information under all	114828
of the following circumstances:	114829

(a) In a medium, format, and manner prescribed ~~by the~~	114830
~~director of job and family services~~ in rules ~~adopted under~~	114831
authorized by section ~~5101.591~~5160.43 of the Revised Code;	114832

(b) Free of charge;

114833

(c) Not later than the end of the thirtieth day after the	114834
department makes its request, unless a different time is agreed to	114835
by the director in writing.	114836

(2) If the department chooses to receive access to	114837
information, the third party shall provide access by a method	114838
prescribed ~~by the director of job and family services~~ in rules	114839
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	114840
Revised Code. In facilitating access, the department may enter	114841
into a trading partner agreement with the third party to permit	114842
the exchange of information via "ASC X 12N 270/271 Health Care	114843
Eligibility Benefit Inquiry and Response" transactions.	114844

(D) All of the following apply with respect to information	114845
provided by a third party to the department under this section:	114846

(1) The information is confidential and not a public record	114847
under section 149.43 of the Revised Code.	114848

(2) The release of information to the department is not to be	114849
considered a violation of any right of confidentiality or contract	114850
that the third party may have with covered persons including, but	114851
not limited to, contractees, beneficiaries, heirs, assignees, and	114852
subscribers.	114853

(3) The third party is immune from any liability that it may	114854
otherwise incur through its release of information to the	114855
department.	114856

The department ~~of job and family services~~ shall limit its use	114857
of information gained from third parties to purposes directly	114858
connected with the administration of the medicaid program and the	114859
child support program authorized by Title IV-D of the "Social	114860
Security Act.," 42 U.S.C. 651 et seq.	114861

(E) No third party shall disclose to other parties or make	114862
use of any information regarding medical assistance recipients of	114863
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	114864
obtains from the department, except in the manner provided ~~for by~~	114865
~~the director of job and family services~~ in ~~administrative~~ rules	114866
authorized by section 5160.43 of the Revised Code.	114867

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	114868
of this section, a third party shall do all of the following:	114869

(1) Accept the department of ~~job and family services'~~	114870
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	114871
Revised Code and the assignment of rights to the department that	114872
are described in section ~~5101.59~~5160.38 of the Revised Code;	114873

(2) Respond to an inquiry by the department regarding a claim	114874
for payment of a medical item or service that was submitted to the	114875
third party not later than six years after the date of the	114876
provision of such medical item or service;	114877

(3) Not charge a fee to do either of the following for a	114878
claim described in division (A)(2) of this section:	114879

(a) Determine whether the claim should be paid;

114880

(b) Process the claim.

114881

(4) Pay a claim described in division (A)(2) of this section;

114882

(5) Not deny a claim submitted by the department solely on	114883
the basis of the date of submission of the claim, type or format	114884
of the claim form, or a failure by the medical assistance	114885
recipient who is the subject of the claim to present proper	114886
documentation of coverage at the time of service, if both of the	114887
following ~~are true~~have occurred:	114888

(a) The claim was submitted by the department not later than	114889
six years after the date of the provision of the medical item or	114890
service.	114891

(b) An action by the department to enforce its right of	114892
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	114893
claim was commenced not later than six years after the	114894
department's submission of the claim.	114895

(6) Consider the department's payment of a claim for a	114896
medical item or service to be the equivalent of the medical	114897
assistance recipient having obtained prior authorization for the	114898
item or service from the third party;	114899

(7) Not deny a claim described in division (A)(6) of this	114900
section that is submitted by the department solely on the basis of	114901
the medical assistance recipient's failure to obtain prior	114902
authorization for the medical item or service.	114903

(B) For purposes of the requirements in division (A) of this	114904
section, a third party shall treat a medicaid managed care	114905
organization as the department for a claim ~~in which both of the~~	114906
~~following are true:~~	114907

~~(1) The~~if the individual who is the subject of the claim	114908
received a medical item or service through a medicaid managed care	114909
organization ~~that has entered into a contract with the department~~	114910
~~of job and family services under section 5111.17 of the Revised~~	114911
~~Code;~~	114912

~~(2) The~~and the department has assigned its right of recovery	114913
for the claim to the medicaid managed care organization.	114914

(C) If the department of medicaid, as permitted by division	114915
(K) of section 5160.37 of the Revised Code, assigns to a medical	114916
assistance provider the department's right of recovery for a claim	114917
for which it has notified the provider that it intends to recoup	114918
its prior payment for a claim, a third party shall treat the	114919
provider as the department and shall pay the provider the greater	114920
of the following:	114921

(1) The amount the department intends to recoup from the	114922
provider for the claim.	114923

(2) If the third party and the provider have an agreement	114924
that requires the third party to pay the provider at the time the	114925
provider presents the claim to the third party, the amount that is	114926
to be paid under that agreement.	114927

(D) The time limitations associated with the requirements in	114928
divisions (A)(2) and (5) of this section apply only to submissions	114929
of claims to, and payments of claims by, a health insurer to which	114930
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	114931
1396a(a)(25)(I), applies.	114932

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	114933
an individual is eligible for or ~~receives~~enrolled in a medical	114934
assistance program when either of the following applies:	114935

(A) The individual seeks to obtain a policy or enroll in a	114936
plan or program operated or administered by the third party;	114937

(B) The individual, or a person or governmental entity on the	114938
individual's behalf, seeks payment for a medical item or service	114939
provided to the individual.	114940

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	114941
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	114942
Revised Code, a governmental entity that is responsible for	114943
issuing a license, certificate of authority, registration, or	114944
approval that authorizes the third party to do business in this	114945
state may impose a fine against the third party or deny, revoke,	114946
or terminate the third party's license, certificate, registration,	114947
or approval to do business in this state. The governmental entity	114948
shall determine which sanction is to be imposed. All actions to	114949
impose the sanction shall be taken in accordance with Chapter 119.	114950
of the Revised Code.	114951

(B) In addition to the sanctions that may be imposed under	114952
division (A) of this section for a violation of section ~~5101.572~~	114953
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	114954
Code, the attorney general may petition a court of common pleas to	114955
enjoin the violation.	114956

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	114957
~~of this section, the~~The medicaid director ~~of job and family~~	114958
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	114959
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	114960
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	114961
that specify what constitutes cooperating with efforts to obtain	114962
support or payments, or medical assistance payments, and when	114963
cooperation may be waived.	114964

(B) The department shall adopt rules ~~in accordance with~~	114965
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	114966
of the following:	114967

(1) For purposes of the definition of "information" in	114968
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	114969
data other than the data specified in that division that should be	114970
included in the definition.	114971

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	114972
5160.39 of the Revised Code, the medium, format, and manner in	114973
which a third party must provide information to the department.	114974

(3) For purposes of division (C)(2) of section ~~5101.572~~	114975
5160.39 of the Revised Code, the method by which a third party	114976
must provide the department with access to information.	114977

(C) Rules authorized by division (A) of this section may be	114978
adopted in accordance with section 111.15 of the Revised Code.	114979
Rules authorized by division (B) of this section shall be adopted	114980
in accordance with Chapter 119. of the Revised Code.	114981

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	114982
5160.481 of the Revised Code, "information" means all of the	114983
following:	114984

(1) Records, as defined in section 149.011 of the Revised	114985
Code;	114986

(2) Any other documents in any format;

114987

(3) Data derived from records and documents that are	114988
generated, acquired, or maintained by the department of medicaid,	114989
a county department of job and family services, or an entity	114990
performing duties on behalf of the department or a county	114991
department.	114992

(B) Except as permitted by this section, section ~~5101.273~~	114993
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	114994
5160.48 or 5160.481 of the Revised Code, or when required by	114995
federal law, no person or government entity shall use or disclose	114996
information regarding a medical assistance recipient for any	114997
purpose not directly connected with the administration of ~~the~~a	114998
medical assistance program.	114999

~~(B)~~(C) Both of the following shall be considered to be	115000
purposes directly connected with the administration of ~~the~~a	115001
medical assistance program:	115002

(1) Treatment, payment, or other operations or activities	115003
authorized by 42 C.F.R. Chapter IV;	115004

(2) Any administrative function or duty the department of ~~job~~	115005
~~and family services~~medicaid performs alone or jointly with a	115006
federal government entity, another state government entity, or a	115007
local government entity implementing a provision of federal law.	115008

~~(C)~~(D) The department or a county ~~agency~~department of job	115009
and family services may disclose information regarding a medical	115010
assistance recipient to any of the following:	115011

(1) The recipient or the recipient's authorized	115012
representative;	115013

(2) The recipient's legal guardian in accordance with	115014
division (C) of section 2111.13 of the Revised Code;	115015

(3) The attorney of the recipient, if the department or	115016
county ~~agency~~department has obtained authorization from the	115017
recipient,or the recipient's authorized representative, or ~~the~~	115018
~~recipient's~~ legal guardian that meets all requirements of the	115019
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	115020
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	115021
regulations promulgated by the United States department of health	115022
and human services to implement the act, section ~~5101.272~~5160.46	115023
of the Revised Code, and any rules ~~the director of job and family~~	115024
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	115025
Revised Code;	115026

(4) A health information or health records management entity	115027
that has executed with the department a business associate	115028
agreement required by 45 C.F.R 164.502(e)(2) and has been	115029
authorized by the recipient,or the recipient's authorized	115030
representative, or ~~the recipient's~~ legal guardian to receive the	115031
recipient's electronic health records in accordance with rules ~~the~~	115032
~~director of job and family services adopts under~~authorized by	115033
section ~~5101.30~~5160.48 of the Revised Code;	115034

(5) A court if pursuant to a written order of the court.

115035

~~(D)~~(E) The department may receive from county departments of	115036
job and family services information regarding any medical	115037
assistance recipient for purposes of training and verifying the	115038
accuracy of eligibility determinations for a medical assistance	115039
program. The department may assemble information received under	115040
this division into a report if the report is in a form specified	115041
by the department. Information received and assembled into a	115042
report under this division shall remain confidential and not be	115043
subject to disclosure pursuant to section 149.43 or 1347.08 of the	115044
Revised Code.	115045

~~(E)~~(F) The department shall notify courts in this state	115046
regarding its authority, under division ~~(C)~~(D)(5) of this section,	115047
to disclose information regarding a medical assistance recipient	115048
pursuant to a written court order.	115049

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	115050
Revised Code, an authorization shall be made on a form that uses	115051
language understandable to the average person and contains all of	115052
the following:	115053

(1) A description of the information to be used or disclosed	115054
that identifies the information in a specific and meaningful	115055
fashion;	115056

(2) The name or other specific identification of the person	115057
or class of persons authorized to make the requested use or	115058
disclosure;	115059

(3) The name or other specific identification of the person	115060
or government entity to which the information may be released;	115061

(4) A description of each purpose of the requested use or	115062
disclosure of the information;	115063

(5) The date on which the authorization expires or an event	115064
related either to the individual who is the subject of the request	115065
or to the purposes of the requested use or disclosure, the	115066
occurrence of which will cause the authorization to expire;	115067

(6) A statement that the information used or disclosed	115068
pursuant to the authorization may be disclosed by the recipient of	115069
the information and may no longer be protected from disclosure;	115070

(7) The signature of the individual or the individual's	115071
authorized representative and the date on which the authorization	115072
was signed;	115073

(8) If signed by an authorized representative, a description	115074
of the representative's authority to act for the individual;	115075

(9) A statement of the individual or authorized	115076
representative's right to prospectively revoke the written	115077
authorization in writing, along with either of the following:	115078

(a) A description of how the individual or authorized	115079
representative may revoke the authorization;	115080

(b) If the department of medicaid has established a privacy	115081
notice that contains a description of how the individual or	115082
authorized representative may revoke the authorization, a	115083
reference to the privacy notice.	115084

(10) A statement that treatment, payment, enrollment, or	115085
eligibility for a medical assistance program cannot be conditioned	115086
on signing the authorization unless the authorization is necessary	115087
for determining eligibility for the program.	115088

(B) An authorization for the release of information regarding	115089
a medical assistance recipient to the recipient's attorney under	115090
division (D)(3) of section 5160.45 of the Revised Code may include	115091
a provision specifically authorizing the release of the	115092
recipient's electronic health records, if any, in accordance with	115093
rules authorized by section 5160.48 or 5160.481 of the Revised	115094
Code.	115095

(C) When an individual requests information pursuant to	115096
section 5160.45 of the Revised Code regarding the individual's	115097
enrollment in a medical assistance program and does not wish to	115098
provide a statement of purpose, the statement "at request of the	115099
individual" is a sufficient description for purposes of division	115100
(A)(4) of this section.	115101

Sec. 5160.47. The department of medicaid shall enter into	115102
any necessary agreements with the United States department of	115103
health and human services and neighboring states to join and	115104
participate as an active member in the public assistance reporting	115105
information system. The department may disclose information	115106
regarding a medical assistance recipient to the extent necessary	115107
to participate as an active member in the system.	115108

Sec. 5160.48. (A) The medicaid director shall adopt rules	115109
under section 5160.02 of the Revised Code implementing sections	115110
5160.45 to 5160.481 of the Revised Code and governing the custody,	115111
use, disclosure, and preservation of the information generated or	115112
received by the department of medicaid, county departments of job	115113
and family services, other state and county entities, contractors,	115114
grantees, private entities, or officials participating in the	115115
administration of medical assistance programs. The rules shall be	115116
adopted in accordance with Chapter 119. of the Revised Code. The	115117
rules may define who is an "authorized representative" for	115118
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	115119
rules shall specify conditions and procedures for the release of	115120
information, which may include both of the following:	115121

(1) Permitting a provider of a service under a medical	115122
assistance program limited access to information that is essential	115123
for the provider to render the service or to bill for the service	115124
rendered;	115125

(2) Permitting a contractor, grantee, or other state or	115126
county entity limited access to information that is essential for	115127
the contractor, grantee, or entity to perform administrative or	115128
other duties on behalf of the department or a county department.	115129

(B) The department of aging, when investigating a complaint	115130
under section 173.20 of the Revised Code, shall be granted any	115131
limited access permitted in the rules authorized by division	115132
(A)(1) of this section.	115133

A contractor, grantee, or entity given access to information	115134
pursuant to the rules authorized by division (A)(2) of this	115135
section is bound by the director's rules. Disclosure of the	115136
information by the contractor, grantee, or entity in a manner not	115137
authorized by the rules is a violation of section 5160.45 of the	115138
Revised Code.	115139

Sec. 5160.481. Whenever names, addresses, or other	115140
information relating to medical assistance recipients is held by	115141
any agency other than the department of medicaid or a county	115142
department of job and family services, that other agency shall	115143
adopt rules consistent with sections 5160.45 to 5160.481 of the	115144
Revised Code to prevent the publication or disclosure of names,	115145
lists, or other information concerning those recipients.	115146

Sec. 5160.50. The department of medicaid shall administer	115147
the refugee medical assistance program authorized by the	115148
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	115149
1522(e).	115150

Sec. 5160.52. The medicaid director may provide for the	115151
department of medicaid to develop, participate in the development	115152
of, negotiate, and enter into one or more interstate compacts on	115153
behalf of this state with agencies of any other states, for the	115154
provision of medical assistance to children in relation to whom	115155
all of the following apply:	115156

(A) They have special needs.

115157

(B) This state or another state that is a party to the	115158
interstate compact is providing adoption assistance on their	115159
behalf.	115160

(C) They move into this state from another state or move out	115161
of this state to another state.	115162

Sec. 5160.99. Whoever violates division (B) of section	115163
5160.45 of the Revised Code is guilty of a misdemeanor of the	115164
first degree.	115165

Sec. 5161.01. (A) As used in the Revised Code, "children's	115166
health insurance program" and, when used as an acronym for the	115167
children's health insurance program, "CHIP" mean the program of	115168
child health assistance authorized by Title XXI of the "Social	115169
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	115170
and CHIP part III, as authorized by this chapter, are components	115171
of CHIP. Any reference in statute enacted by the general assembly	115172
to medicaid or the medicaid program also means CHIP to the extent,	115173
if any, that CHIP is provided under the medicaid program.	115174

(B) As used in this chapter, "federal poverty line" means the	115175
official poverty line defined by the United States office of	115176
management and budget based on the most recent data available from	115177
the United States bureau of the census and revised by the United	115178
States secretary of health and human services pursuant to the	115179
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	115180
U.S.C. 9902(2).	115181

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director ~~of job and~~	115182
~~family services~~ may adopt rules in accordance with Chapter 119. of	115183
the Revised Code as necessary for the efficient administration of	115184
the children's health insurance program ~~part I~~, including rules	115185
that establish all of the following:	115186

(A) The conditions under which ~~health assistance services~~	115187
the program will ~~be reimbursed~~pay for health benefits coverage;	115188

(B) The method of ~~reimbursement applicable to services~~	115189
~~reimbursable under~~ the ~~program~~payment;	115190

(C) The amount of ~~reimbursement~~payment, or the method by	115191
which the amount is to be determined, for each ~~reimbursable~~	115192
service included in the health benefits coverage.	115193

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	115194
~~5101.529 of the Revised Code:~~	115195

~~(1) "Children's health insurance program" means the program~~	115196
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	115197
~~552 (1997), 42 U.S.C.A. 1397aa.~~	115198

~~(2) "Federal poverty guidelines" has the same meaning as in~~	115199
~~section 5101.46 of the Revised Code.~~	115200

~~(B)~~ The medicaid director ~~of job and family services~~ may	115201
continue to operate the component of the children's health	115202
insurance program initially authorized by an executive order	115203
issued under section 107.17 of the Revised Code as long as federal	115204
financial participation is available for the program. If operated,	115205
the ~~program~~component shall ~~provide health assistance to~~pay for	115206
part or all of the cost of health benefits coverage for uninsured	115207
individuals under nineteen years of age with family incomes not	115208
exceeding one hundred fifty per cent of the federal poverty	115209
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	115210
~~director may provide for the health assistance to meet the~~	115211
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	115212
~~medicaid program established under Chapter 5111. of the Revised~~	115213
~~Code, or to be a combination of both.~~	115214

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	115215
component of the children's health insurance program authorized by	115216
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	115217
~~children's health insurance program~~CHIP part I.	115218

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	115219
governing the children's health insurance program, the medicaid	115220
director ~~of job and family services~~ may submit a state child	115221
health plan to the United States secretary of health and human	115222
services to ~~provide~~pay, except as provided in section ~~5101.516~~	115223
5161.22 of the Revised Code, ~~health assistance to~~for part or all	115224
of the cost of health benefits coverage for uninsured individuals	115225
under nineteen years of age with family incomes above one hundred	115226
fifty per cent of the federal poverty ~~guidelines~~line but not	115227
exceeding two hundred per cent of the federal poverty ~~guidelines~~	115228
line. If the director submits the plan, the director shall ~~include~~	115229
~~both of the following~~stipulate in the plan:	115230

~~(A) The health assistance will not begin before January 1,~~	115231
~~2000.~~	115232

~~(B) The health assistance~~that the payments will be available	115233
only while federal financial participation is available for it	115234
them.	115235

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	115236
component of the children's health insurance program authorized by	115237
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	115238
~~children's health insurance program~~CHIP part II.	115239

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	115240
~~family services~~ submits a state child health plan to the United	115241
States secretary of health and human services under section	115242
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	115243
plan, the director shall implement ~~the children's health insurance~~	115244
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	115245
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	115246
~~necessary for the efficient administration of the program,~~	115247
~~including rules that establish all of the following:~~	115248

~~(A) The conditions under which health assistance services~~	115249
~~will be reimbursed;~~	115250

~~(B) The method of reimbursement applicable to services~~	115251
~~reimbursable under the program~~;	115252

~~(C) The amount of reimbursement, or the method by which the~~	115253
~~amount is to be determined, for each reimbursable service~~.	115254

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	115255
governing the children's health insurance program, the medicaid	115256
director ~~of job and family services~~ may submit a request for a	115257
federal waiver to the United States secretary of health and human	115258
services to ~~provide~~pay, except as provided in section ~~5101.526~~	115259
5161.22 of the Revised Code, ~~health assistance to~~for part or all	115260
of the cost of health benefits coverage for individuals under	115261
nineteen years of age with family incomes above two hundred per	115262
cent of the federal poverty ~~guidelines~~line but not exceeding	115263
three hundred per cent of the federal poverty ~~guidelines~~line. If	115264
the director submits the ~~plan~~waiver request, the director shall	115265
stipulate in the ~~plan~~request that the ~~health assistance~~payments	115266
will be available only while federal financial participation is	115267
available for ~~it and that health assistance shall not begin before~~	115268
~~January 1, 2008~~them.	115269

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	115270
component of the children's health insurance program authorized by	115271
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	115272
~~children's health insurance program~~CHIP part III.	115273

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	115274
~~family services~~ submits a waiver request to the United States	115275
secretary of health and human services under section ~~5101.52~~	115276
5161.15 of the Revised Code and the secretary grants the waiver,	115277
the director shall implement ~~the children's health insurance~~	115278
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	115279
~~may adopt rules in accordance with Chapter 119. of the Revised~~	115280
~~Code as necessary for the efficient administration of the program,~~	115281
~~including rules that establish all of the following:~~	115282

~~(A) The conditions under which health assistance services~~	115283
~~will be reimbursed;~~	115284

~~(B) The method of reimbursement applicable to services~~	115285
~~reimbursable under the program;~~	115286

~~(C) The amount of reimbursement, or the method by which the~~	115287
~~amount is to be determined, for each reimbursable service.~~	115288

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	115289
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	115290
~~and family services shall provide for health assistance under~~ the	115291
children's health insurance program ~~part III to meet~~shall	115292
provide payments for obtaining health benefits coverage through	115293
any of the following:	115294

(A) Obtaining coverage that meets the requirements the	115295
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	115296
~~provided~~;	115297

(B) Providing benefits under the medicaid program ~~established~~	115298
~~under Chapter 5111. of the Revised Code, or to be a~~;	115299

(C) A combination of ~~both~~divisions (A) and (B) of this	115300
section.	115301

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	115302
~~family services~~ determines that federal financial participation	115303
for ~~the children's health insurance program~~CHIP part II, part	115304
III, or both parts is insufficient to ~~provide health assistance~~	115305
topay for part or all of the costs of health benefits coverage	115306
for all the individuals the director anticipates are eligible for	115307
the ~~program~~part or parts, the director may refuse to accept new	115308
applications for the ~~program~~part or parts or may make the	115309
~~program's~~ eligibility requirements more restrictive for the part	115310
or parts.	115311

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	115312
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	115313
medicaid director ~~of job and family services~~ may require an	115314
individual ~~receiving health assistance under the children's health~~	115315
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	115316
part II to pay a premium, deductible, coinsurance payment, or	115317
other cost-sharing expense.	115318

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	115319
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	115320
director ~~of job and family services~~ shall require an individual	115321
~~receiving health assistance under the children's health insurance~~	115322
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	115323
pay the following as a term of ~~participation in the program~~	115324
enrollment:	115325

(A) A premium of not less than forty dollars per month for a	115326
family with one individual ~~receiving health assistance under~~	115327
seeking to enroll, or who is enrolled, in the ~~program~~part;	115328

(B) A premium of not less than eighty dollars per month for a	115329
family with two individuals ~~receiving health assistance under~~	115330
seeking to enroll, or who is enrolled, in the ~~program~~part;	115331

(C) A premium of not less than one hundred twenty dollars per	115332
month for a family with three or more individuals ~~receiving health~~	115333
~~assistance under~~seeking to enroll, or who are enrolled, in the	115334
~~program~~part.	115335

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	115336
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	115337
be treated as an application for ~~health assistance under~~ the	115338
children's health insurance program ~~part II~~ if the application is	115339
for an assistance group that includes a child under nineteen years	115340
of age and is denied.	115341

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	115342
~~family services~~ may contract with a government entity or person to	115343
perform the director's administrative duties regarding ~~the~~	115344
~~children's health insurance program~~CHIP part I, part II, part	115345
III, two of the parts, or all three parts, other than the duty to	115346
submit a state child health plan to the United States secretary of	115347
health and human services under section ~~5101.51~~5161.10 of the	115348
Revised Code, the duty to submit a waiver request under section	115349
5161.15 of the Revised Code, and the duty to adopt rules under	115350
section ~~5101.512~~5161.02 of the Revised Code.	115351

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	115352
~~family services~~ may submit a waiver request to the United States	115353
secretary of health and human services to provide health	115354
assistance to any individual who meets all of the following	115355
requirements:	115356

(1) Is the parent of a child who is under nineteen years of	115357
age ~~who~~, resides with the parent, and is ~~eligible for health~~	115358
~~assistance under~~enrolled in the children's health insurance	115359
program part I or II or the medicaid program ~~established under~~	115360
~~Chapter 5111. of the Revised Code~~;	115361

(2) Is uninsured;

115362

(3) Has a family income that does not exceed one hundred per	115363
cent of the federal poverty ~~guidelines~~line.	115364

(B) A waiver request the director submits under division (A)	115365
of this section may seek federal funds allotted to the state under	115366
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	115367
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	115368
otherwise used to fund the children's health insurance program	115369
parts I and II.	115370

~~(C) If a waiver request the director submits under division~~	115371
~~(A) of this section is granted, the director may adopt rules in~~	115372
~~accordance with Chapter 119. of the Revised Code as necessary for~~	115373
~~the efficient administration of the program authorization by the~~	115374
~~waiver.~~	115375

Sec. 5162.01. (A) As used in the Revised Code:

115376

(1) "Medicaid" and "medicaid program" mean the program of	115377
medical assistance established by Title XIX of the "Social	115378
Security Act," 42 U.S.C. 1396 et seq., including any medical	115379
assistance provided under the medicaid state plan or a federal	115380
medicaid waiver granted by the United States secretary of health	115381
and human services.	115382

(2) "Medicare" and "medicare program" mean the federal health	115383
insurance program established by Title XVIII of the "Social	115384
Security Act," 42 U.S.C. 1395 et seq.	115385

(B) As used in this chapter:

115386

(1) "Dual eligible individual" has the same meaning as in	115387
section 5160.01 of the Revised Code.	115388

(2) "Federal financial participation" has the same meaning as	115389
in section 5160.01 of the Revised Code.	115390

(3) "Federal poverty line" means the official poverty line	115391
defined by the United States office of management and budget based	115392
on the most recent data available from the United States bureau of	115393
the census and revised by the United States secretary of health	115394
and human services pursuant to the "Omnibus Budget Reconciliation	115395
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	115396

(4) "Healthy start component" means the component of the	115397
medicaid program that covers pregnant women and children and is	115398
identified in rules adopted under section 5162.02 of the Revised	115399
Code as the healthy start component.	115400

(5) "ICF/IID" has the same meaning as in section 5124.01 of	115401
the Revised Code.	115402

(6) "Medicaid managed care organization" has the same meaning	115403
as in section 5167.01 of the Revised Code.	115404

(7) "Medicaid provider" has the same meaning as in section	115405
5164.01 of the Revised Code.	115406

(8) "Medicaid services" has the same meaning as in section	115407
5164.01 of the Revised Code.	115408

(9) "Nursing facility" has the same meaning as in section	115409
5165.01 of the Revised Code.	115410

(10) "Political subdivision" means a municipal corporation,	115411
township, county, school district, or other body corporate and	115412
politic responsible for governmental activities only in a	115413
geographical area smaller than that of the state.	115414

(11) "Prescribed drug" has the same meaning as in section	115415
5164.01 of the Revised Code.	115416

(12) "Provider agreement" has the same meaning as in section	115417
5164.01 of the Revised Code.	115418

(13) "Qualified medicaid school provider" means the board of	115419
education of a city, local, or exempted village school district,	115420
the governing authority of a community school established under	115421
Chapter 3314. of the Revised Code, the state school for the deaf,	115422
and the state school for the blind to which both of the following	115423
apply:	115424

(a) It holds a valid provider agreement.

115425

(b) It meets all other conditions for participation in the	115426
medicaid school component of the medicaid program established in	115427
rules authorized by section 5162.364 of the Revised Code.	115428

(14) "State agency" means every organized body, office, or	115429
agency, other than the department of medicaid, established by the	115430
laws of the state for the exercise of any function of state	115431
government.	115432

(15) "Vendor offset" means a reduction of a medicaid payment	115433
to a medicaid provider to correct a previous, incorrect medicaid	115434
payment to that provider.	115435

Sec. 5162.02. The medicaid director shall adopt rules as	115436
necessary to implement this chapter.	115437

Sec. 5162.021. The medicaid director shall adopt rules under	115438
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	115439
5167.02 of the Revised Code as necessary to authorize the	115440
directors of other state agencies to adopt rules regarding	115441
medicaid components, or aspects of medicaid components, the other	115442
state agencies administer pursuant to contracts entered into under	115443
section 5162.35 of the Revised Code.	115444

Sec. 5162.022. The medicaid director's rules governing	115445
medicaid are binding on other state agencies and political	115446
subdivisions that administer one or more components of the	115447
medicaid program, or one or more aspects of a component, pursuant	115448
to contracts entered into under section 5162.35 of the Revised	115449
Code. No state agency or political subdivision may establish, by	115450
rule or otherwise, a policy governing medicaid that is	115451
inconsistent with a medicaid policy established, in rule or	115452
otherwise, by the director.	115453

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

115454

~~"Children's health insurance program" means the children's~~	115455
~~health insurance program part I, children's health insurance~~	115456
~~program part II, and children's health insurance program part III~~	115457
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	115458

~~"Medical assistance program" or "medicaid" means the program~~	115459
~~that is authorized by this chapter and provided by the office of~~	115460
~~medical assistance under this chapter, Title XIX of the "Social~~	115461
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	115462
~~amended, and the waivers of Title XIX requirements granted to the~~	115463
~~office by the centers for medicare and medicaid services of the~~	115464
~~United States department of health and human services.~~	115465

~~(B) There is hereby established the office of medical~~	115466
~~assistance as a work unit within the department of job and family~~	115467
~~services. The chief of the office shall hold the title of medical~~	115468
~~assistance director. Notwithstanding section 5101.06 of the~~	115469
~~Revised Code, the governor shall appoint the medical assistance~~	115470
~~director and the medical assistance director shall serve at the~~	115471
~~governor's pleasure. The medical assistance director is not an~~	115472
~~assistant director of the department of job and family services~~	115473
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	115474
~~any other purpose.~~	115475

~~Subject to appropriations for the medicaid program and~~	115476
~~children's health insurance program, the department of job and~~	115477
~~family services shall provide staff and support services as~~	115478
~~necessary for the operation of the office of medical assistance.~~	115479

~~If a statute, rule, contract, or other legal authority~~	115480
~~requires the director of job and family services or department of~~	115481
~~job and family services to take an action regarding the medicaid~~	115482
~~program or children's health insurance program, the medical~~	115483
~~assistance director or office of medical assistance shall take the~~	115484
~~action in place of the director of job and family services or~~	115485
~~department of job and family services. If a statute, rule,~~	115486
~~contract, or other legal authority permits the director of job and~~	115487
~~family services or department of job and family services to take~~	115488
~~an action regarding the medicaid program or children's health~~	115489
~~insurance program, the medical assistance director or office of~~	115490
~~medical assistance shall take the action in place of the director~~	115491
~~of job and family services or department of job and family~~	115492
~~services if the action is to be taken.~~	115493

~~The office~~For the purpose of the "Social Security Act,"	115494
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	115495
~~medical assistance~~medicaid shall act as the single state agency	115496
to supervise the administration of the medicaid program. As the	115497
single state agency, the ~~office~~department shall comply with 42	115498
C.F.R. 431.10(e) and all other federal requirements applicable to	115499
the single state agency. ~~The office's rules governing medicaid are~~	115500
~~binding on other agencies that administer components of the~~	115501
~~medicaid program. No agency may establish, by rule or otherwise, a~~	115502
~~policy governing medicaid that is inconsistent with a medicaid~~	115503
~~policy established, in rule or otherwise, by the medical~~	115504
~~assistance director.~~	115505

~~(C) The office of medical assistance may provide medical~~	115506
~~assistance under the medicaid program as long as federal funds are~~	115507
~~provided for such assistance, to the following:~~	115508

~~(1) Families with children that meet either of the following~~	115509
~~conditions:~~	115510

~~(a) The family meets the income, resource, and family~~	115511
~~composition requirements in effect on July 16, 1996, for the~~	115512
~~former aid to dependent children program as those requirements~~	115513
~~were established by Chapter 5107. of the Revised Code, federal~~	115514
~~waivers granted pursuant to requests made under former section~~	115515
~~5101.09 of the Revised Code, and rules adopted by the department~~	115516
~~or any changes the department makes to those requirements in~~	115517
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	115518
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	115519
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	115520
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	115521
~~eligibility for medicaid under division (C)(1)(a) of this section~~	115522
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	115523

~~(b) The family does not meet the requirements specified in~~	115524
~~division (C)(1)(a) of this section but is eligible for medicaid~~	115525
~~pursuant to section 5101.18 of the Revised Code.~~	115526

~~(2) Aged, blind, and disabled persons who meet the following~~	115527
~~conditions:~~	115528

~~(a) Receive federal aid under Title XVI of the "Social~~	115529
~~Security Act," or are eligible for but are not receiving such aid,~~	115530
~~provided that the income from all other sources for individuals~~	115531
~~with independent living arrangements shall not exceed one hundred~~	115532
~~seventy-five dollars per month. The income standards hereby~~	115533
~~established shall be adjusted annually at the rate that is used by~~	115534
~~the United States department of health and human services to~~	115535
~~adjust the amounts payable under Title XVI.~~	115536

~~(b) Do not receive aid under Title XVI, but meet any of the~~	115537
~~following criteria:~~	115538

~~(i) Would be eligible to receive such aid, except that their~~	115539
~~income, other than that excluded from consideration as income~~	115540
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	115541
~~this section, and incurred expenses for medical care, as~~	115542
~~determined under federal regulations applicable to section 209(b)~~	115543
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	115544
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	115545
~~their income exceeds the maximum under division (C)(2)(a) of this~~	115546
~~section;~~	115547

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	115548
~~the permanently and totally disabled prior to January 1, 1974, and~~	115549
~~continue to meet all the same eligibility requirements;~~	115550

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	115551
~~of the Revised Code.~~	115552

~~(3) Persons to whom federal law requires, as a condition of~~	115553
~~state participation in the medicaid program, that medicaid be~~	115554
~~provided;~~	115555

~~(4) Persons under age twenty-one who meet the income~~	115556
~~requirements for the Ohio works first program established under~~	115557
~~Chapter 5107. of the Revised Code but do not meet other~~	115558
~~eligibility requirements for the program. The medical assistance~~	115559
~~director shall adopt rules in accordance with Chapter 119. of the~~	115560
~~Revised Code specifying which Ohio works first requirements shall~~	115561
~~be waived for the purpose of providing medicaid eligibility under~~	115562
~~division (C)(4) of this section.~~	115563

~~(D) If sufficient funds are appropriated for the medicaid~~	115564
~~program, the office of medical assistance may provide medical~~	115565
~~assistance under the medicaid program to persons in groups~~	115566
~~designated by federal law as groups to which a state, at its~~	115567
~~option, may provide medical assistance under the medicaid program.~~	115568

~~(E) The office of medical assistance may expand eligibility~~	115569
~~for the medicaid program to include individuals under age nineteen~~	115570
~~with family incomes at or below one hundred fifty per cent of the~~	115571
~~federal poverty guidelines, except that the eligibility expansion~~	115572
~~shall not occur unless the office receives the approval of the~~	115573
~~federal government. The office may implement the eligibility~~	115574
~~expansion authorized under this division on any date selected by~~	115575
~~the office, but not sooner than January 1, 1998.~~	115576

~~(F) In addition to any other authority or requirement to~~	115577
~~adopt rules under this chapter, the medical assistance director~~	115578
~~may adopt rules in accordance with section 111.15 of the Revised~~	115579
~~Code as the director considers necessary to establish standards,~~	115580
~~procedures, and other requirements regarding the provision of~~	115581
~~medical assistance under the medicaid program. The rules may~~	115582
~~establish requirements to be followed in applying for medicaid,~~	115583
~~making determinations of eligibility for medicaid, and verifying~~	115584
~~eligibility for medicaid. The rules may include special conditions~~	115585
~~as the office determines appropriate for making applications,~~	115586
~~determining eligibility, and verifying eligibility for any medical~~	115587
~~assistance that the office may provide under the medicaid program~~	115588
~~pursuant to division (E) of this section and section 5111.014 or~~	115589
~~5111.0120 of the Revised Code.~~	115590

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	115591
~~family services~~ may do all of the following as necessary for the	115592
department of ~~job and family services~~medicaid to fulfill the	115593
duties it has, as the single state agency for the medicaid	115594
program, under the "Medicare Prescription Drug, Improvement, and	115595
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	115596

(1) Adopt rules in accordance with division (B) of this	115597
section;	115598

(2) Assign duties to county departments of job and family	115599
services;	115600

(3) Make payments to the United States department of health	115601
and human services from appropriations made to the department of	115602
~~job and family services~~medicaid for this purpose.	115603

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	115604
section shall be adopted as follows:	115605

(1) If the rules concern the department's duties regarding	115606
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	115607
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	115608

(2) If the rules concern the department's duties concerning	115609
individuals' eligibility for medicaid services, ~~in accordance with~~	115610
under section ~~111.15~~5163.02 of the Revised Code;	115611

(3) If the rules concern the department's duties concerning	115612
financial and operational matters between the department and	115613
county departments of job and family services, ~~in accordance with~~	115614
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	115615
~~were internal management rules~~.	115616

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	115617
agency" has the same meaning as in section 9.23 of the Revised	115618
Code.	115619

No provision of Title LI of the Revised Code or any other law	115620
of this state that incorporates any provision of federal ~~Medicaid~~	115621
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	115622
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	115623
state, a state agency, or any state official or employee to comply	115624
with that federal provision, shall be construed as creating a	115625
cause of action to enforce such state law beyond the causes of	115626
action available under federal law for enforcement of the	115627
provision of federal law.	115628

Sec. 5162.05. The medicaid program shall be implemented in	115629
accordance with all of the following:	115630

(A) The medicaid state plan approved by the United States	115631
secretary of health and human services, including amendments to	115632
the plan approved by the United States secretary;	115633

(B) Federal medicaid waivers granted by the United States	115634
secretary, including amendments to waivers approved by the United	115635
States secretary;	115636

(C) Other types of federal approval, including demonstration	115637
grants, that establish requirements for components of the medicaid	115638
program;	115639

(D) Except as otherwise authorized by a federal medicaid	115640
waiver granted by the United States secretary, all applicable	115641
federal statutes, regulations, and policy guidances;	115642

(E) All applicable state statutes.

115643

Sec. 5162.06. (A) Notwithstanding any other state statute,	115644
no component, or aspect of a component, of the medicaid program	115645
shall be implemented without all of the following:	115646

(1) Subject to division (B) of this section, if the	115647
component, or aspect of the component, requires federal approval,	115648
receipt of the federal approval;	115649

(2) Sufficient federal financial participation for the	115650
component or aspect of the component;	115651

(3) Sufficient nonfederal funds for the component or aspect	115652
of the component that qualify as funds needed to obtain the	115653
federal financial participation.	115654

(B) A component, or aspect of a component, of the medicaid	115655
program that requires federal approval may begin to be implemented	115656
before receipt of the federal approval if federal law authorizes	115657
implementation to begin before receipt of the federal approval.	115658
Implementation shall cease if the federal approval is ultimately	115659
denied.	115660

Sec. 5162.07. The medicaid director shall seek federal	115661
approval for all components, and aspects of components, of the	115662
medicaid program for which federal approval is needed, except that	115663
the director is permitted rather than required to seek federal	115664
approval for components, and aspects of components, that state	115665
statutes permit rather than require be implemented. Federal	115666
approval shall be sought in the following forms as appropriate:	115667

(A) The medicaid state plan;

115668

(B) Amendments to the medicaid state plan;

115669

115670

(D) Amendments to federal medicaid waivers;

115671

(E) Other types of federal approval, including demonstration	115672
grants.	115673

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	115674
~~family services~~ may conduct reviews of the medicaid program. The	115675
reviews may include physical inspections of records and sites	115676
where ~~medicaid-funded~~medicaid services are provided and	115677
interviews of medicaid providers and medicaid recipients ~~of the~~	115678
~~services~~. If the director determines pursuant to a review that a	115679
person or government entity has violated a rule governing the	115680
medicaid program, the director may establish a corrective action	115681
plan for the violator and impose fiscal, administrative, or both	115682
types of sanctions on the violator in accordance with rules	115683
~~governing the medicaid program~~adopted under section 5162.02 of	115684
the Revised Code.	115685

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	115686
~~services~~medicaid shall enter into an agreement with the	115687
department of administrative services for the department of	115688
administrative services to contract through competitive selection	115689
pursuant to section 125.07 of the Revised Code with a vendor to	115690
perform an assessment of the data collection and data warehouse	115691
functions of the medicaid data warehouse system, including the	115692
ability to link the data sets of all agencies serving medicaid	115693
recipients.	115694

The assessment of the data system shall include functions	115695
related to fraud and abuse detection, program management and	115696
budgeting, and performance measurement capabilities of all	115697
agencies serving medicaid recipients, including the departments of	115698
aging, ~~alcohol and drug addiction services,~~ health, job and family	115699
services, medicaid, ~~mental health~~mental health and addiction	115700
services, and developmental disabilities.	115701

~~The department of administrative services shall enter into~~	115702
~~this contract within thirty days after September 29, 2005. The~~	115703
~~contract shall require the vendor to complete the assessment~~	115704
~~within ninety days after September 29, 2005.~~	115705

A qualified vendor with whom the department of administrative	115706
services contracts to assess the data system shall also assist the	115707
medicaid agencies in the definition of the requirements for an	115708
enhanced data system or a new data system and assist the	115709
department of administrative services in the preparation of a	115710
request for ~~proposal~~proposals to enhance or develop a data	115711
system.	115712

(B) Based on the assessment performed pursuant to division	115713
(A) of this section, the department of administrative services	115714
shall seek a qualified vendor through competitive selection	115715
pursuant to section 125.07 of the Revised Code to develop or	115716
enhance a data collection and data warehouse system for the	115717
department of ~~job and family services~~medicaid and all agencies	115718
serving medicaid recipients.	115719

~~Within ninety days after September 29, 2005, the~~The	115720
department of ~~job and family services~~medicaid shall seek enhanced	115721
federal ~~funding~~financial participation for ninety per cent of	115722
the funds required to establish or enhance the data system. The	115723
department of administrative services shall not award a contract	115724
for establishing or enhancing the data system until the department	115725
of ~~job and family services~~medicaid receives approval from the	115726
~~secretary of the~~ United States ~~department~~secretary of health and	115727
human services for the ninety per cent federal ~~match~~financial	115728
participation.	115729

Sec. 5162.12. (A) The medicaid director may enter into a	115730
contract with one or more persons to receive and process, on the	115731
director's behalf, requests for medicaid recipient or claims	115732
payment data, data from reports of audits conducted under section	115733
5165.109 of the Revised Code, or extracts or analyses of any of	115734
the foregoing data made by persons who intend to use the items for	115735
commercial or academic purposes.	115736

(B) At a minimum, a contract entered into under this section	115737
shall do both of the following:	115738

(1) Authorize the contracting person to engage in the	115739
activities described in division (A) of this section for	115740
compensation, which must be stated as a percentage of the fees	115741
paid by persons who are provided the items;	115742

(2) Specify the schedule of fees the contracting person is to	115743
charge for the items.	115744

(C) Except as required by federal or state law and subject to	115745
division (E) of this section, both of the following conditions	115746
apply with respect to a request for data described in division (A)	115747
of this section:	115748

(1) The request shall be made through a person who has	115749
entered into a contract with the medicaid director under this	115750
section.	115751

(2) An item prepared pursuant to the request may be provided	115752
to the department of medicaid and is confidential and not subject	115753
to disclosure under section 149.43 or 1347.08 of the Revised Code.	115754

(D) The medicaid director shall use fees the director	115755
receives pursuant to a contract entered into under this section to	115756
pay obligations specified in contracts entered under this section.	115757
Any money remaining after the obligations are paid shall be	115758
deposited in the health care services administration fund created	115759
under section 5162.54 of the Revised Code.	115760

(E) This section does not apply to requests for medicaid	115761
recipient or claims payment data, data from reports of audits	115762
conducted under section 5165.109 of the Revised Code, or extracts	115763
or analyses of any of the foregoing data that are for any of the	115764
following purposes:	115765

(1) Treatment of medicaid recipients;

115766

(2) Payment of medicaid claims;

115767

(3) Establishment or management of medicaid third party	115768
liability pursuant to sections 5160.35 to 5160.43 of the Revised	115769
Code;	115770

(4) Compliance with the terms of an agreement the medicaid	115771
director enters into for purposes of administering the medicaid	115772
program;	115773

(5) Compliance with an operating protocol the executive	115774
director of the office of health transformation or the executive	115775
director's designee adopts under division (D) of section 191.06 of	115776
the Revised Code.	115777

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	115778
of each year, the department of ~~job and family services~~medicaid	115779
shall submit to the speaker and minority leader of the house of	115780
representatives and the president and minority leader of the	115781
senate, and shall make available to the public, a report on the	115782
effectiveness of the ~~Ohio works first program established under~~	115783
~~Chapter 5107. of the Revised Code and the medical assistance~~	115784
medicaid program ~~established under this chapter~~ in meeting the	115785
health care needs of low-income pregnant women, infants, and	115786
children. The report shall include: the estimated number of	115787
~~persons eligible for health care services to~~ pregnant women,	115788
infants, and children ~~under the programs~~eligible for the	115789
program; the actual number of eligible persons ~~served~~enrolled in	115790
the program; the number of prenatal, postpartum, and child health	115791
visits; a report on birth outcomes, including a comparison of	115792
low-birthweight births and infant mortality rates of ~~program~~	115793
~~participants~~medicaid recipients with the general female	115794
child-bearing and infant population in this state; and a	115795
comparison of the prenatal, delivery, and child health costs of	115796
the ~~programs~~program with such costs of similar programs in other	115797
states, where available.	115798

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	115799
~~of job and family services~~ shall submit to the president and	115800
minority leader of the senate, speaker and minority leader of the	115801
house of representatives, and the chairpersons of the standing	115802
committees of the senate and house of representatives with primary	115803
responsibility for legislation making biennial appropriations a	115804
report on the establishment and implementation of programs	115805
designed to control the increase of the cost of the medicaid	115806
program, increase the efficiency of the medicaid program, and	115807
promote better health outcomes. In each calendar year, one report	115808
shall be submitted not later than the last day of June and the	115809
subsequent report shall be submitted not later than the last day	115810
of December.	115811

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	115812
~~and each year thereafter~~Annually, the department of ~~job and~~	115813
~~family services~~medicaid shall prepare a report on the	115814
department's efforts to minimize fraud, waste, and abuse in the	115815
medicaid program.	115816

~~(B)~~ Each report shall be made available on the department's	115817
web site. The department shall submit a copy of each report to the	115818
governor and, in accordance with section 101.68 of the Revised	115819
Code, the general assembly. Copies of the report also shall be	115820
made available to the public on request.	115821

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

115822

"Agent" and "contractor" include any agent, contractor,	115823
subcontractor, or other person who, on behalf of an entity,	115824
furnishes or authorizes the furnishing of ~~health care items or~~	115825
medicaid services ~~under the medicaid program~~, performs billing or	115826
coding functions, or is involved in monitoring of health care that	115827
an entity provides.	115828

"Employee" includes any officer or employee (including	115829
management employees) of an entity.	115830

"Entity" includes a governmental entity or an organization,	115831
unit, corporation, partnership, or other business arrangement,	115832
including any medicaid managed care organization, irrespective of	115833
the form of business structure or arrangement by which it exists,	115834
whether for-profit or not-for-profit. "Entity" does not include a	115835
government entity that administers one or more components of the	115836
medicaid program, unless the government entity receives medicaid	115837
payments for providing ~~items or~~medicaid services.	115838

"Federal health care programs" has the same meaning as in the	115839
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	115840

(B) Each entity that receives or makes in a federal fiscal	115841
year payments under the medicaid program, either through the	115842
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	115843
totaling at least five million dollars shall, as a condition of	115844
receiving such payments, do all of the following not later than	115845
the first day of the succeeding calendar year:	115846

(1) Establish written policies for all of the entity's	115847
employees, contractors, and agents that provide detailed	115848
information about the role of all of the following in preventing	115849
and detecting fraud, waste, and abuse in federal health care	115850
programs:	115851

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

115852

(b) Federal administrative remedies for false claims and	115853
statements available under 31 U.S.C. 3801 to 3812;	115854

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	115855
Revised Code and any other state laws pertaining to civil or	115856
criminal penalties for false claims and statements;	115857

(d) Whistleblower protections under the laws specified in	115858
divisions (B)(1)(a) to (c) of this section.	115859

(2) Include as part of the written policies required by	115860
division (B)(1) of this section detailed provisions regarding the	115861
entity's policies and procedures for preventing and detecting	115862
fraud, waste, and abuse.	115863

(3) Disseminate the written policies required by division	115864
(B)(1) of this section to each of the entity's employees,	115865
contractors, and agents in a paper or electronic form and make the	115866
written policies readily available to the entity's employees,	115867
contractors, and agents.	115868

(4) If the entity has an employee handbook, include in the	115869
employee handbook a specific discussion of the laws specified in	115870
division (B)(1) of this section, the rights of employees to be	115871
protected as whistleblowers, and the entity's policies and	115872
procedures for preventing and detecting fraud, waste, and abuse.	115873

(5) Require the entity's contractors and agents to adopt the	115874
entity's written policies required by division (B)(1) of this	115875
section.	115876

(C) An entity that furnishes ~~items or~~medicaid services at	115877
multiple locations or under multiple contractual or other payment	115878
arrangements is required to comply with division (B) of this	115879
section if the entity receives in a federal fiscal year medicaid	115880
payments totaling in the aggregate at least five million dollars.	115881
This applies regardless of whether the entity submits claims for	115882
medicaid payments using multiple provider identification or tax	115883
identification numbers.	115884

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	115885
~~and family services~~medicaid shall institute a cost-sharing	115886
~~program under~~requirements for the medicaid program. In	115887
~~instituting the cost-sharing program, the director shall comply~~	115888
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	115889
~~establish~~include a copayment requirement for at least dental	115890
services, vision services, nonemergency emergency department	115891
services, and ~~prescription~~prescribed drugs~~, other than generic~~	115892
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	115893
include requirements regarding premiums, enrollment fees,	115894
deductions, and similar charges. ~~The director shall adopt rules~~	115895
~~under section 5111.02 of the Revised Code governing the~~	115896
~~cost-sharing program.~~	115897

(B) ~~The cost-sharing program shall, to the extent permitted~~	115898
~~by federal law, provide for all of the following with regard to~~	115899
~~any providers participating in the medicaid program:~~	115900

(1) No provider shall refuse to provide a service to a	115901
medicaid recipient who is unable to pay a required copayment for	115902
the service.	115903

(2) Division (B)(1) of this section shall not be considered	115904
to do either of the following with regard to a medicaid recipient	115905
who is unable to pay a required copayment:	115906

(a) Relieve the medicaid recipient from the obligation to pay	115907
a copayment;	115908

(b) Prohibit the provider from attempting to collect an	115909
unpaid copayment.	115910

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	115911
no provider shall waive a medicaid recipient's obligation to pay	115912
the provider a copayment.	115913

~~(4)~~(D) No provider or drug manufacturer, including the	115914
manufacturer's representative, employee, independent contractor,	115915
or agent, shall pay any copayment on behalf of a medicaid	115916
recipient.	115917

~~(5)~~(E) If it is the routine business practice of ~~the~~a	115918
provider to refuse service to any individual who owes an	115919
outstanding debt to the provider, the provider may consider an	115920
unpaid copayment imposed by the cost-sharing ~~program~~requirements	115921
as an outstanding debt and may refuse service to a medicaid	115922
recipient who owes the provider an outstanding debt. If the	115923
provider intends to refuse service to a medicaid recipient who	115924
owes the provider an outstanding debt, the provider shall notify	115925
the ~~individual~~recipient of the provider's intent to refuse	115926
~~services~~service.	115927

~~(C)~~(F) In the case of a provider that is a hospital, the	115928
cost-sharing program shall permit the hospital to take action to	115929
collect a copayment by providing, at the time services are	115930
rendered to a medicaid recipient, notice that a copayment may be	115931
owed. If the hospital provides the notice and chooses not to take	115932
any further action to pursue collection of the copayment, the	115933
prohibition against waiving copayments specified in division	115934
~~(B)(3)~~(C) of this section does not apply.	115935

~~(D)~~(G) The department of ~~job and family services~~medicaid may	115936
~~work~~collaborate with a state agency that is administering,	115937
pursuant to a contract entered into under section ~~5111.91~~5162.35	115938
of the Revised Code, one or more components ~~of the medicaid~~	115939
~~program~~, or one or more aspects of a component, of the medicaid	115940
program as necessary for the state agency to apply the	115941
cost-sharing ~~program~~requirements to the components or aspects of	115942
~~the medicaid program~~a component that the state agency	115943
administers.	115944

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	115945
section ~~5111.111~~5162.211 of the Revised Code:	115946

(1) "Estate" includes both of the following:

115947

(a) All real and personal property and other assets to be	115948
administered under Title XXI of the Revised Code and property that	115949
would be administered under that title if not for section 2113.03	115950
or 2113.031 of the Revised Code;	115951

(b) Any other real and personal property and other assets in	115952
which an individual had any legal title or interest at the time of	115953
death (to the extent of the interest), including assets conveyed	115954
to a survivor, heir, or assign of the individual through joint	115955
tenancy, tenancy in common, survivorship, life estate, living	115956
trust, or other arrangement.	115957

(2) "Institution" means a nursing facility, ~~intermediate care~~	115958
~~facility for the mentally retarded~~ICF/IID, or a medical	115959
institution.	115960

(3) ~~"Intermediate care facility for the mentally retarded"~~	115961
~~and "nursing facility" have the same meanings as in section~~	115962
~~5111.20 of the Revised Code.~~	115963

~~(4)~~ "Permanently institutionalized individual" means an	115964
individual to whom all of the following apply:	115965

(a) Is an inpatient in an institution;

115966

(b) Is required, as a condition of the medicaid program	115967
paying for the individual's services in the institution, to spend	115968
for costs of medical or nursing care all of the individual's	115969
income except for an amount for personal needs specified by the	115970
department of ~~job and family services~~medicaid;	115971

(c) Cannot reasonably be expected to be discharged from the	115972
institution and return home as determined by the department of ~~job~~	115973
~~and family services~~medicaid.	115974

~~(5)~~(4) "Qualified state long-term care insurance partnership	115975
program" means the program established under section ~~5111.18~~	115976
5164.86 of the Revised Code.	115977

~~(6)~~(5) "Time of death" shall not be construed to mean a time	115978
after which a legal title or interest in real or personal property	115979
or other asset may pass by survivorship or other operation of law	115980
due to the death of the decedent or terminate by reason of the	115981
decedent's death.	115982

(B) To the extent permitted by federal law, the department of	115983
~~job and family services~~medicaid shall institute a medicaid estate	115984
recovery program under which the department shall, except as	115985
provided in divisions (C) and (E) of this section, and subject to	115986
division (D) of this section, do all of the following:	115987

(1) For the costs of medicaid services the medicaid program	115988
correctly paid or will pay on behalf of a permanently	115989
institutionalized individual of any age, seek adjustment or	115990
recovery from the individual's estate or on the sale of property	115991
of the individual or spouse that is subject to a lien imposed	115992
under section ~~5111.111~~5162.211 of the Revised Code;	115993

(2) For the costs of medicaid services the medicaid program	115994
correctly paid or will pay on behalf of an individual fifty-five	115995
years of age or older who is not a permanently institutionalized	115996
individual, seek adjustment or recovery from the individual's	115997
estate;	115998

(3) Seek adjustment or recovery from the estate of other	115999
individuals as permitted by federal law.	116000

(C)(1) No adjustment or recovery may be made under division	116001
(B)(1) of this section from a permanently institutionalized	116002
individual's estate or on the sale of property of a permanently	116003
institutionalized individual that is subject to a lien imposed	116004
under section ~~5111.111~~5162.211 of the Revised Code or under	116005
division (B)(2) or (3) of this section from an individual's estate	116006
while either of the following are alive:	116007

(a) The spouse of the permanently institutionalized	116008
individual or individual;	116009

(b) The son or daughter of a permanently institutionalized	116010
individual or individual if the son or daughter is under age	116011
twenty-one or, under the "Social Security Act," section 1614, 42	116012
U.S.C. 1382c, is considered blind or disabled.	116013

(2) No adjustment or recovery may be made under division	116014
(B)(1) of this section from a permanently institutionalized	116015
individual's home that is subject to a lien imposed under section	116016
~~5111.111~~5162.211 of the Revised Code while either of the	116017
following lawfully reside in the home:	116018

(a) The permanently institutionalized individual's sibling	116019
who resided in the home for at least one year immediately before	116020
the date of the permanently institutionalized individual's	116021
admission to the institution and on a continuous basis since that	116022
time;	116023

(b) The permanently institutionalized individual's son or	116024
daughter who provided care to the permanently institutionalized	116025
individual that delayed the permanently institutionalized	116026
individual's institutionalization and resided in the home for at	116027
least two years immediately before the date of the permanently	116028
institutionalized individual's admission to the institution and on	116029
a continuous basis since that time.	116030

(D) In the case of a participant of the qualified state	116031
long-term care insurance partnership program, adjustment or	116032
recovery required by this section may be reduced in accordance	116033
with rules ~~adopted under~~authorized by division (G) of this	116034
section.	116035

(E) The department shall, in accordance with procedures and	116036
criteria established in rules ~~adopted under~~authorized by division	116037
(G) of this section, waive seeking an adjustment or recovery	116038
otherwise required by this section if the medicaid director ~~of job~~	116039
~~and family services~~ determines that adjustment or recovery would	116040
work an undue hardship. The department may limit the duration of	116041
the waiver to the period during which the undue hardship exists.	116042

(F) For the purpose of determining whether an individual	116043
meets the definition of "permanently institutionalized individual"	116044
established for this section, a rebuttable presumption exists that	116045
the individual cannot reasonably be expected to be discharged from	116046
an institution and return home if either of the following is the	116047
case:	116048

(1) The individual declares that he or she does not intend to	116049
return home.	116050

(2) The individual has been an inpatient in an institution	116051
for at least six months.	116052

(G) ~~The director of job and family services shall adopt rules~~	116053
~~in accordance with Chapter 119. of the Revised Code regarding the~~	116054
~~medicaid estate recovery program, including rules that~~Rules	116055
adopted under section 5162.02 of the Revised Code shall do both of	116056
the following:	116057

(1) For the purpose of division (D) of this section and	116058
consistent with the "Social Security Act," section 1917(b)(1)(C),	116059
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	116060
recovery in the case of a participant of the qualified state	116061
long-term care insurance partnership program;	116062

(2) For the purpose of division (E) of this section and	116063
consistent with the standards specified by the United States	116064
secretary of health and human services under the "Social Security	116065
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	116066
procedures and criteria for waiving adjustment or recovery due to	116067
an undue hardship.	116068

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	116069
(B) of this section and section ~~5111.12~~5162.23 of the Revised	116070
Code, no lien may be imposed against the property of an individual	116071
before the individual's death on account of medicaid services	116072
correctly paid or to be paid on the individual's behalf.	116073

(B) Except as provided in division (C) of this section, the	116074
department of ~~job and family services~~medicaid may impose a lien	116075
against the real property of a medicaid recipient who is a	116076
permanently institutionalized individual and against the real	116077
property of the recipient's spouse, including any real property	116078
that is jointly held by the recipient and spouse. The lien may be	116079
imposed on account of medicaid paid or to be paid on the	116080
recipient's behalf.	116081

(C) No lien may be imposed under division (B) of this section	116082
against the home of a medicaid recipient if any of the following	116083
lawfully resides in the home:	116084

(1) The recipient's spouse;

116085

(2) The recipient's son or daughter who is under twenty-one	116086
years of age or, under the "Social Security Act," section 1614, 42	116087
U.S.C. 1382c, considered to be blind or disabled;	116088

(3) The recipient's sibling who has an equity interest in the	116089
home and resided in the home for at least one year immediately	116090
before the date of the recipient's admission to the institution.	116091

(D) The medicaid director ~~of job and family services~~ or a	116092
person designated by the director shall sign a certificate to	116093
effectuate a lien required to be imposed under this section. The	116094
county department of job and family services shall file for	116095
recording and indexing the certificate, or a certified copy, in	116096
the real estate mortgage records in the office of the county	116097
recorder in every county in which real property of the recipient	116098
or spouse is situated. From the time of filing the certificate in	116099
the office of the county recorder, the lien attaches to all real	116100
property of the recipient or spouse described in the certificate	116101
for all amounts for which adjustment or recovery may be made under	116102
section ~~5111.11~~5162.21 of the Revised Code and, except as	116103
provided in division (E) of this section, shall remain a lien	116104
until satisfied.	116105

Upon filing the certificate in the office of the recorder,	116106
all persons are charged with notice of the lien and the rights of	116107
the department of ~~job and family services~~medicaid thereunder.	116108

The county recorder shall keep a record of every certificate	116109
filed showing its date, the time of filing, the name and residence	116110
of the recipient or spouse, and any release, waivers, or	116111
satisfaction of the lien.	116112

The priority of the lien shall be established in accordance	116113
with state and federal law.	116114

The department may waive the priority of its lien to provide	116115
for the costs of the last illness as determined by the department,	116116
administration, attorney fees, administrator fees, a sum for the	116117
payment of the costs of burial, which shall be computed by	116118
deducting from five hundred dollars whatever amount is available	116119
for the same purpose from all other sources, and a similar sum for	116120
the spouse of the decedent.	116121

(E) A lien imposed with respect to a medicaid recipient under	116122
this section shall dissolve on the recipient's discharge from the	116123
institution and return home.	116124

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	116125
~~services~~medicaid shall certify amounts due under the medicaid	116126
estate recovery program instituted under section ~~5111.11~~5162.21	116127
of the Revised Code to the attorney general pursuant to section	116128
131.02 of the Revised Code. The attorney general may enter into a	116129
contract with any person or government entity to collect the	116130
amounts due on behalf of the attorney general.	116131

The attorney general, in entering into a contract under this	116132
section, shall comply with all of the requirements that must be	116133
met for the state to receive federal financial participation for	116134
the costs incurred in entering into the contract and carrying out	116135
actions under the contract. The contract may provide for the	116136
person or government entity with which the attorney general	116137
contracts to be compensated from the property recovered under the	116138
medicaid estate recovery program or may provide for another manner	116139
of compensation agreed to by the parties to the contract.	116140

Regardless of whether the attorney general collects the	116141
amounts due under the medicaid estate recovery program or	116142
contracts with a person or government entity to collect the	116143
amounts due on behalf of the attorney general, the amounts due	116144
shall be collected in accordance with applicable requirements of	116145
federal statutes and regulations and state statutes and rules.	116146

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

116147

(1) "Commissioner" means a person appointed by a probate	116148
court under division (E) of section 2113.03 of the Revised Code to	116149
act as a commissioner.	116150

(2) "Home" has the same meaning as in section 3721.10 of the	116151
Revised Code.	116152

(3) "Personal needs allowance account" means an account or	116153
petty cash fund that holds the money of a resident of ~~an adult~~	116154
~~care~~a residential facility or home and that the facility or home	116155
manages for the resident.	116156

(4) "Residential facility" means a residential facility	116157
licensed under section ~~5119.22~~5119.34 of the Revised Code that	116158
provides accommodations, supervision, and personal care services	116159
for three to sixteen unrelated adults.	116160

(B) Except as provided in divisions (C) and (D) of this	116161
section, the owner or operator of a home or residential facility	116162
shall transfer to the department of ~~job and family services~~	116163
medicaid the money in the personal needs allowance account of a	116164
resident of the home or facility who was a medicaid recipient of	116165
~~the medical assistance program~~ no earlier than sixty days but not	116166
later than ninety days after the resident dies. The home or	116167
facility shall transfer the money even though the owner or	116168
operator of the facility or home has not been issued letters	116169
testamentary or letters of administration concerning the	116170
resident's estate.	116171

(C) If funeral or burial expenses for a resident of a home or	116172
residential facility who has died have not been paid and the only	116173
resource the resident had that could be used to pay for the	116174
expenses is the money in the resident's personal needs allowance	116175
account, or all other resources of the resident are inadequate to	116176
pay the full cost of the expenses, the money in the resident's	116177
personal needs allowance account shall be used to pay for the	116178
expenses rather than being transferred to the department of ~~job~~	116179
~~and family services~~medicaid pursuant to division (B) of this	116180
section.	116181

(D) If, not later than sixty days after a resident of a home	116182
or residential facility dies, letters testamentary or letters of	116183
administration are issued, or an application for release from	116184
administration is filed under section 2113.03 of the Revised Code,	116185
concerning the resident's estate, the owner or operator of the	116186
home or facility shall transfer the money in the resident's	116187
personal needs allowance account to the administrator, executor,	116188
commissioner, or person who filed the application for release from	116189
administration.	116190

(E) The transfer or use of money in a resident's personal	116191
needs allowance account in accordance with division (B), (C), or	116192
(D) of this section discharges and releases the home or	116193
residential facility, and the owner or operator of the home, from	116194
any claim for the money from any source.	116195

(F) If, sixty-one or more days after a resident of a home or	116196
residential facility dies, letters testamentary or letters of	116197
administration are issued, or an application for release from	116198
administration under section 2113.03 of the Revised Code is filed,	116199
concerning the resident's estate, the department of ~~job and family~~	116200
~~services~~medicaid shall transfer the funds to the administrator,	116201
executor, commissioner, or person who filed the application,	116202
unless the department is entitled to recover the money under the	116203
medicaid estate recovery program instituted under section ~~5111.11~~	116204
5162.21 of the Revised Code.	116205

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	116206
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	116207
5162.02 of the Revised Code permitting county departments of job	116208
and family services ~~may~~to take action to recover benefits	116209
incorrectly paid on behalf of medicaid recipients ~~of medical~~	116210
~~assistance~~. The rules shall provide for recovery by the following	116211
methods:	116212

(1) Soliciting voluntary payments from recipients or from	116213
persons holding property in which a recipient has a legal or	116214
equitable interest;	116215

(2) Obtaining a lien on property pursuant to division (B) of	116216
this section.	116217

(B) A county department of job and family services may bring	116218
a civil action in a court of common pleas against a medicaid	116219
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	116220
~~assistance benefits~~medicaid payments determined by the court to	116221
have been paid incorrectly on behalf of the recipient. All persons	116222
holding property in which the recipient has a legal or equitable	116223
interest may be joined as parties. The court may issue	116224
pre-judgment orders, including injunctive relief or attachment	116225
under Chapter 2715. of the Revised Code, for the preservation of	116226
real or personal property in which the recipient may have a legal	116227
or equitable interest. If the court determines that ~~benefits~~	116228
medicaid payments were ~~paid~~made incorrectly and issues a judgment	116229
to that effect, the county department may obtain a lien upon	116230
property of the recipient in accordance with Chapter 2329. of the	116231
Revised Code.	116232

(C) The county department of job and family services shall	116233
retain fifty per cent of the balance remaining after deduction	116234
from the recovery of the amount required to be returned to the	116235
federal government and shall pay the other fifty per cent of the	116236
balance to the department of ~~job and family services~~medicaid.	116237

(D) Recovery of ~~medical assistance benefits~~medicaid payments	116238
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	116239
be accomplished by reducing the amount of benefits the recipient	116240
is entitled to receive under another government assistance	116241
program.	116242

(E) The remedies provided pursuant to this section do not	116243
affect any other remedies county departments of job and family	116244
services may have to recover benefits incorrectly paid on behalf	116245
of medicaid recipients ~~of medical assistance~~.	116246

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	116247
party" has the same meaning as in section ~~5101.571~~5160.35 of the	116248
Revised Code.	116249

(B) In addition to the authority granted under section	116250
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	116251
~~family services~~medicaid may, to the extent necessary to reimburse	116252
its costs, garnish the wages, salary, or other employment income	116253
of, and withhold amounts from state tax refunds to, any person to	116254
whom both of the following apply:	116255

(1) The person is required by a court or administrative order	116256
to provide coverage of the cost of health care services to a child	116257
eligible for ~~medical assistance under this chapter~~medicaid.	116258

(2) The person has received payment from a third party for	116259
the costs of such services but has not used the payment to	116260
reimburse either the other parent or guardian of the child or the	116261
provider of the services.	116262

(C) Claims for current and past due child support shall take	116263
priority over claims under division (B) of this section.	116264

~~Sec. 5111.83.~~ Sec. 5162.30. (A) ~~Not later than January 1, 2012,~~	116265
~~the~~The medicaid director ~~of job and family services~~ shall ~~apply~~	116266
~~to the United States secretary of health and human services for~~	116267
~~approval of~~create a medicaid administrative claiming program	116268
under which federal financial participation is received as	116269
~~reimbursement~~ for the administrative costs incurred by the	116270
department of health and the Arthur G. James cancer hospital and	116271
Richard J. Solove research institute of the Ohio state university	116272
in analyzing and evaluating both of the following pursuant to	116273
sections 3701.261 ~~to 3701.236~~and 3701.262 of the Revised Code:	116274

(1) Cancer reports under the Ohio cancer incidence	116275
surveillance system;	116276

(2) The incidence, prevalence, costs, and medical	116277
consequences of cancer on medicaid recipients and other low-income	116278
populations.	116279

(B) The medicaid director ~~of job and family services~~ shall	116280
consult with the director of health in ~~seeking approval of~~	116281
creating the medicaid administrative claiming program. ~~The~~	116282
~~directors shall cooperate in seeking the approval to the extent~~	116283
~~they find the approval necessary for the effective and efficient~~	116284
~~administration of the medicaid program.~~	116285

Sec. 5162.31. Local funds, whether from public or private	116286
sources, expended by a county department of job and family	116287
services for administration of the healthy start component shall	116288
be considered to have been expended by the state for the purpose	116289
of determining the extent to which the state has complied with any	116290
federal requirement that the state provide funds to match federal	116291
financial participation for the medicaid program. This section	116292
does not affect the amount of funds a county is entitled to	116293
receive under sections 5101.16 and 5101.161 of the Revised Code.	116294

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	116295
~~5111.93 of the Revised Code:~~	116296

~~(1) "Political subdivision" means a municipal corporation,~~	116297
~~township, county, school district, or other body corporate and~~	116298
~~politic responsible for governmental activities only in a~~	116299
~~geographical area smaller than that of the state.~~	116300

~~(2) "State agency" means every organized body, office, or~~	116301
~~agency, other than the department of job and family services,~~	116302
~~established by the laws of the state for the exercise of any~~	116303
~~function of state government.~~	116304

~~(B) To the extent permitted by Title XIX of the "Social~~	116305
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	116306
~~and regulations adopted under that title, the~~The department of	116307
~~job and family services~~medicaid may enter into contracts with	116308
political subdivisions to use funds of the political subdivision	116309
to pay the nonfederal share of expenditures under the medicaid	116310
program. The determination and provision of federal financial	116311
~~reimbursement~~participation to a subdivision entering into a	116312
contract under this section shall be determined by the department,	116313
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	116314
~~by the United States secretary of health and human services, and~~	116315
~~the availability of federal financial participation~~.	116316

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	116317
~~services~~medicaid may enter into contracts with one or more other	116318
state agencies or political subdivisions to have the state agency	116319
or political subdivision administer one or more components of the	116320
medicaid program, or one or more aspects of a component, under the	116321
department's supervision. A state agency or political subdivision	116322
that enters into such a contract shall comply with the terms of	116323
the contract and any rules the medicaid director ~~of job and family~~	116324
~~services~~ has adopted governing the component, or aspect of the	116325
component, that the state agency or political subdivision is to	116326
administer, including any rules establishing review, audit, and	116327
corrective action plan requirements. A contract with a state	116328
agency shall be in the form of an interagency agreement.	116329

A state agency or political subdivision that enters into a	116330
contract with the department under this section shall reimburse	116331
the department for the nonfederal share of the cost to the	116332
department of performing, or contracting for the performance of, a	116333
fiscal audit of the component of the medicaid program, or aspect	116334
of the component, that the state agency or political subdivision	116335
administers if rules governing the component, or aspect of the	116336
component, require that a fiscal audit be conducted.	116337

~~There is hereby created in the state treasury the medicaid~~	116338
~~administrative reimbursement fund. The department shall use money~~	116339
~~in the fund to pay for the nonfederal share of the cost of a~~	116340
~~fiscal audit for which a state agency or political subdivision is~~	116341
~~required by this section to reimburse the department. The~~	116342
~~department shall deposit the reimbursements into the fund.~~	116343

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	116344
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	116345
~~means the board of education of a city, local, or exempted village~~	116346
~~school district, the governing authority of a community school~~	116347
~~established under Chapter 3314. of the Revised Code, the state~~	116348
~~school for the deaf, and the state school for the blind to which~~	116349
~~both of the following apply:~~	116350

~~(1) It holds a valid medicaid provider agreement.~~

116351

~~(2) It meets all other conditions for participation in the~~	116352
~~medicaid school component of the medicaid program established in~~	116353
~~rules adopted under section 5111.715 of the Revised Code.~~	116354

(B) The medicaid director ~~of job and family services~~ shall	116355
~~submit a state medicaid plan amendment to the United States~~	116356
~~secretary of health and human services for the purpose of creating~~	116357
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	116358
5162.364 of the Revised Code, the medicaid school component of the	116359
medicaid program. ~~The director shall create the medicaid school~~	116360
~~component on receipt of the United States secretary's approval of~~	116361
~~the amendment.~~	116362

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	116363
participating in the medicaid school component of the medicaid	116364
program may submit a claim to the department of ~~job and family~~	116365
~~services~~medicaid for federal financial participation for	116366
providing, in schools, services covered by the medicaid school	116367
component to medicaid recipients who are eligible for the	116368
services. No qualified medicaid school provider may submit such a	116369
claim before the provider incurs the cost of providing the	116370
service.	116371

The claim shall include certification of the qualified	116372
medicaid school provider's expenditures for the service. The	116373
certification shall show that the money the qualified medicaid	116374
school provider used for the expenditures was nonfederal money the	116375
provider may legally use for providing the service and that the	116376
amount of the expenditures was sufficient to pay the full cost of	116377
the service.	116378

Except as otherwise provided in sections ~~5111.71~~5162.36 to	116379
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	116380
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	116381
the Revised Code, a qualified medicaid school provider is subject	116382
to all conditions of participation in the medicaid program that	116383
generally apply to providers of goods and services under the	116384
medicaid program, including conditions regarding audits and	116385
recovery of overpayments.	116386

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	116387
~~services~~medicaid shall seek federal financial participation for	116388
each claim a qualified medicaid school provider properly submits	116389
to the department under section ~~5111.711~~5162.361 of the Revised	116390
Code. The department shall disburse the federal financial	116391
participation the department receives from the federal government	116392
for such a claim to the qualified medicaid school provider that	116393
submitted the claim. The department may not pay the qualified	116394
medicaid school provider the nonfederal share of the cost of the	116395
services for which the claim was submitted.	116396

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	116397
~~services~~medicaid shall enter into an interagency agreement with	116398
the department of education under section ~~5111.91~~5162.35 of the	116399
Revised Code that provides for the department of education to	116400
administer the medicaid school component of the medicaid program	116401
other than the aspects of the component that sections ~~5111.71~~	116402
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	116403
department of ~~job and family services~~medicaid to administer. The	116404
interagency agreement may include a provision that provides for	116405
the department of education to pay to the department of ~~job and~~	116406
~~family services~~medicaid the nonfederal share of a portion of the	116407
administrative expenses the department of ~~job and family services~~	116408
medicaid incurs in administering the aspects of the component that	116409
the department of ~~job and family services~~medicaid administers.	116410

~~The~~To the extent authorized by rules authorized by section	116411
5162.021 of the Revised Code, the department of education shall	116412
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	116413
the Revised Code, a process by which qualified medicaid school	116414
providers participating in the medicaid school component pay to	116415
the department of education the nonfederal share of the	116416
department's expenses incurred in administering the component. The	116417
rules shall be adopted in accordance with Chapter 119. of the	116418
Revised Code.	116419

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	116420
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	116421
5162.02 of the Revised Code as necessary to implement the medicaid	116422
school component of the medicaid program, including rules that	116423
establish or specify all of the following:	116424

(A) Conditions a board of education of a city, local, or	116425
exempted school district, governing authority of a community	116426
school established under Chapter 3314. of the Revised Code, the	116427
state school for the deaf, and the state school for the blind must	116428
meet to participate in the component;	116429

(B) Services the component covers;

116430

(C) ~~Reimbursement~~Payment rates for the services the	116431
component covers.	116432

The rules shall be adopted in accordance with Chapter 119. of	116433
the Revised Code.	116434

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	116435
~~family services~~medicaid enters into with the department of ~~mental~~	116436
~~health or department of alcohol and drug addiction services~~mental	116437
health and addiction services under section ~~5111.91~~5162.35 of the	116438
Revised Code is subject to the approval of the director of budget	116439
and management and shall require or specify all of the following:	116440

(A) ~~In the case of a contract with the department of mental~~	116441
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	116442
be complied with;	116443

(B) ~~In the case of a contract with the department of alcohol~~	116444
~~and drug addiction services, that section 5111.913 of the Revised~~	116445
~~Code be complied with;~~	116446

~~(C)~~ How providers will be paid for providing the services;

116447

~~(D)~~(C) The ~~department of mental health's or department of~~	116448
~~alcohol and drug addiction services'~~ responsibilities of the	116449
department of mental health and addiction services with regard to	116450
providers, including program oversight and quality assurance.	116451

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	116452
~~services~~medicaid enters into a contract with the department of	116453
~~mental health~~mental health and addiction services under section	116454
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	116455
~~family services~~medicaid shall pay the nonfederal share of any	116456
medicaid payment to a provider for services under the component,	116457
or aspect of the component, the department of ~~mental health~~mental	116458
health and addiction services administers. ~~If necessary, the~~	116459
~~director of job and family services shall submit a medicaid state~~	116460
~~plan amendment to the United States secretary of health and human~~	116461
~~services regarding the department of job and family services' duty~~	116462
~~under this section.~~	116463

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	116464
(B) of this section, if a state agency or political subdivision	116465
administers one or more components of the medicaid program that	116466
the United States department of health and human services	116467
approved, and for which federal financial participation was	116468
initially obtained, prior to January 1, 2002, or administers one	116469
or more aspects of such a component, the department of ~~job and~~	116470
~~family services~~medicaid may retain or collect not more than ten	116471
per cent of the federal financial participation the state agency	116472
or political subdivision obtains through an approved,	116473
administrative claim regarding the component or aspect of the	116474
component. If the department retains or collects a percentage of	116475
such federal financial participation, the percentage the	116476
department retains or collects shall be specified in a contract	116477
the department enters into with the state agency or political	116478
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	116479

(2) Except as provided in division (B) of this section, if a	116480
state agency or political subdivision administers one or more	116481
components of the medicaid program that the United States	116482
department of health and human services approved on or after	116483
January 1, 2002, or administers one or more aspects of such a	116484
component, the department of ~~job and family services~~medicaid	116485
shall retain or collect not less than three and not more than ten	116486
per cent of the federal financial participation the state agency	116487
or political subdivision obtains through an approved,	116488
administrative claim regarding the component or aspect of the	116489
component. The percentage the department retains or collects shall	116490
be specified in a contract the department enters into with the	116491
state agency or political subdivision under section ~~5111.91~~	116492
5162.35 of the Revised Code.	116493

(B) ~~The department of job and family services may retain or~~	116494
~~collect a percentage of federal financial participation under~~	116495
~~divisions (A)(1) and (2) of this section only to the extent~~	116496
~~permitted by federal statutes and regulations.~~	116497

~~(C)~~ All amounts the department retains or collects under this	116498
section shall be deposited into the health care services	116499
administration fund created under section ~~5111.94~~5162.54 of the	116500
Revised Code.	116501

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	116502
~~services~~medicaid may retain or collect a percentage of the	116503
federal financial participation included in a supplemental	116504
medicaid payment to one or more medicaid providers owned or	116505
operated by a state agency or political subdivision that brings	116506
the payment to such provider or providers to the upper payment	116507
limit established by 42 C.F.R. 447.272. If the department retains	116508
or collects a percentage of that federal financial participation,	116509
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	116510
~~119.~~section 5162.02 of the Revised Code specifying the percentage	116511
the department is to retain or collect. All amounts the department	116512
retains or collects under this section shall be deposited into the	116513
health care services administration fund created under section	116514
~~5111.94~~5162.54 of the Revised Code.	116515

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	116516
hereby created in the state treasury. All of the following shall	116517
be credited to the fund:	116518

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	116519
Revised Code requires be credited to the fund;	116520

(2) The federal share of all rebates paid by drug	116521
manufacturers to the department of ~~job and family services~~	116522
medicaid in accordance with a rebate agreement required by the	116523
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	116524

(3) The federal share of all supplemental rebates paid by	116525
drug manufacturers to the department of ~~job and family services~~	116526
medicaid in accordance with the supplemental drug rebate program	116527
established under section ~~5111.081~~5164.755 of the Revised Code;	116528

(4) Except as otherwise provided by statute or as authorized	116529
by the controlling board, the federal share of all other	116530
medicaid-related revenues, collections, and recoveries.	116531

(B) All money credited to the health care - federal fund	116532
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	116533
Code shall be used solely for distributing funds to hospitals	116534
under section ~~5112.08~~5168.09 of the Revised Code. The department	116535
of ~~job and family services~~medicaid shall use all other money	116536
credited to the fund to pay for other medicaid services and	116537
contracts.	116538

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	116539
and recoveries fund is hereby created in the state treasury. All	116540
of the following shall be credited to the fund:	116541

(1) Except as otherwise provided by statute or as authorized	116542
by the controlling board, the nonfederal share of all	116543
medicaid-related revenues, collections, and recoveries;	116544

(2) Federal reimbursement received for payment adjustments	116545
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	116546
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	116547
under the medicaid program to state mental health hospitals	116548
maintained and operated by the department of ~~mental health~~mental	116549
health and addiction services under division (A) of section	116550
~~5119.02~~5119.14 of the Revised Code;	116551

(3) Revenues the department of ~~job and family services~~	116552
medicaid receives from another state agency for medicaid services	116553
pursuant to an interagency agreement, other than such revenues	116554
required to be deposited into the health care services	116555
administration fund created under section ~~5111.94~~5162.54 of the	116556
Revised Code;	116557

(4) The first seven hundred fifty thousand dollars the	116558
department receives in a fiscal year for performing eligibility	116559
verification services necessary for compliance with the	116560
independent, certified audit requirement of 42 C.F.R. 455.304;	116561

(5) The nonfederal share of all rebates paid by drug	116562
manufacturers to the department of medicaid in accordance with a	116563
rebate agreement required by the "Social Security Act," section	116564
1927, 42 U.S.C. 1396r-8;	116565

(6) The nonfederal share of all supplemental rebates paid by	116566
drug manufacturers to the department of medicaid in accordance	116567
with the supplemental drug rebate program established under	116568
section 5164.755 of the Revised Code.	116569

(B) The department of ~~job and family services~~medicaid shall	116570
use money credited to the health care/medicaid support and	116571
recoveries fund to pay for medicaid services and contracts.	116572

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	116573
~~offset" means a reduction of a medicaid payment to a medicaid~~	116574
~~provider to correct a previous, incorrect medicaid payment to that~~	116575
~~provider.~~	116576

~~(B)~~ There is hereby created in the state treasury the health	116577
care services administration fund. Except as provided in division	116578
(C) of this section, all the following shall be deposited into the	116579
fund:	116580

(1) Amounts deposited into the fund pursuant to sections	116581
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	116582

(2) The amount of the state share of all money the department	116583
of ~~job and family services, in fiscal year 2003 and each fiscal~~	116584
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	116585
tort action under the department's right of recovery under section	116586
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	116587
of all money the department, in fiscal year 2002, recovers	116588
pursuant to a tort action under that right of recovery;	116589

(3) Subject to division ~~(D)~~(B) of this section, the amount of	116590
the state share of all money the department of ~~job and family~~	116591
~~services~~medicaid, in fiscal year 2003 and each fiscal year	116592
thereafter, recovers through audits of medicaid providers that	116593
exceeds the state share of all money the department, in fiscal	116594
year 2002, recovers through such audits;	116595

(4) Amounts from assessments on hospitals under section	116596
~~5112.06~~5168.06 of the Revised Code and intergovernmental	116597
transfers by governmental hospitals under section ~~5112.07~~5168.07	116598
of the Revised Code that are deposited into the fund in accordance	116599
with the law;	116600

(5) Amounts that the department of education pays to the	116601
department of ~~job and family services~~medicaid, if any, pursuant	116602
to an interagency agreement ~~entered into under~~authorized by	116603
section ~~5111.713~~5162.363 of the Revised Code;	116604

(6) The application fees charged to providers under section	116605
~~5111.063~~5164.31 of the Revised Code;	116606

(7) The fines collected under section ~~5111.271~~5165.1010 of	116607
the Revised Code;	116608

(8) Money the department receives in a fiscal year for	116609
performing eligibility verification services necessary for	116610
compliance with the independent, certified audit requirement of 42	116611
C.F.R. 455.304, other than the amounts of such money that are to	116612
be credited to the health care/medicaid support and recoveries	116613
fund under section 5162.52 of the Revised Code.	116614

~~(C) No funds shall be deposited into the health care services~~	116615
~~administration fund in violation of federal statutes or~~	116616
~~regulations.~~	116617

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	116618
section the amount of money the department, in a fiscal year,	116619
recovers through audits of medicaid providers, the amount	116620
recovered in the form of vendor offset shall be excluded.	116621

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	116622
medicaid shall use funds available in the health care services	116623
administration fund to pay for costs associated with the	116624
administration of the medicaid program.	116625

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	116626
the health care special activities fund. The department of ~~job and~~	116627
~~family services~~medicaid shall deposit all funds it receives	116628
pursuant to the administration of the medicaid program into the	116629
fund, other than any such funds that are required by law to be	116630
deposited into another fund. The department shall use the money in	116631
the fund to pay for expenses related to the services provided	116632
under, and the administration of, the medicaid program.	116633

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

116634

~~"Dual eligible individual" has the same meaning as in section~~	116635
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	116636
~~42 U.S.C. 1396n(h)(2)(B).~~	116637

~~"Dual eligible integrated care demonstration project" means~~	116638
~~the demonstration project authorized by section 5111.981 of the~~	116639
~~Revised Code.~~	116640

~~"Medicare program" means the program created under Title~~	116641
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	116642
~~1395, as amended.~~	116643

~~(B)~~ There is created in the state treasury the integrated	116644
care delivery systems fund. If the terms of the federal approval	116645
for the dual eligible integrated care demonstration project	116646
authorized by section 5164.91 of the Revised Code provide for the	116647
state to receive a portion of the amounts that the demonstration	116648
project saves the medicare program, such amounts shall be	116649
deposited into the fund. The department of ~~job and family services~~	116650
medicaid shall use the money in the fund to further develop	116651
integrated delivery systems and improved care coordination for	116652
dual eligible individuals.	116653

Sec. 5162.60. (A) There is hereby created in the state	116654
treasury the managed care performance payment fund. The fund shall	116655
consist of all of the following:	116656

(1) Amounts transferred to it by the director of budget and	116657
management for the purpose of the managed care performance payment	116658
program established under section 5167.30 of the Revised Code;	116659

(2) All fines imposed on and collected from medicaid managed	116660
care organizations for failure to meet performance standards or	116661
other requirements specified in provider agreements or rules	116662
adopted under section 5167.02 of the Revised Code;	116663

(3) All investment earnings of the fund.

116664

(B) Amounts in the fund may be used for the following:

116665

(1) To make performance payments to medicaid managed care	116666
organizations in accordance with section 5167.30 of the Revised	116667
Code;	116668

(2) To meet obligations specified in the provider agreements;

116669

(3) To pay for medicaid services provided by a medicaid	116670
managed care organization;	116671

(4) To reimburse a medicaid managed care organization that	116672
has paid a fine for failure to meet performance standards or other	116673
requirements specified in provider agreements or rules adopted	116674
under section 5167.02 of the Revised Code if that organization	116675
comes into compliance with those standards or requirements.	116676

Sec. 5162.62. There is hereby created in the state treasury	116677
the medicaid administrative reimbursement fund. The department of	116678
medicaid shall use money in the fund to pay for the nonfederal	116679
share of the cost of a fiscal audit for which a state agency or	116680
political subdivision is required by section 5162.35 of the	116681
Revised Code to reimburse the department. The department shall	116682
deposit the reimbursements into the fund.	116683

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	116684
state treasury the medicaid school program administrative fund.	116685

(B) Both of the following shall be deposited into the	116686
medicaid school program administrative fund:	116687

(1) The federal funds the department of education receives	116688
for the expenses the department incurs in administering the	116689
medicaid school component of the medicaid program created under	116690
section 5162.36 of the Revised Code;	116691

(2) The money the department collects from qualified medicaid	116692
school providers in the process established in rules ~~adopted under~~	116693
authorized by section ~~5111.713~~5162.363 of the Revised Code.	116694

(C) ~~No funds shall be deposited into the medicaid school~~	116695
~~program administrative fund in violation of federal statutes or~~	116696
~~regulations.~~	116697

~~(D)~~ The department of education shall use money in the	116698
medicaid school program administrative fund for both of the	116699
following purposes:	116700

(1) Paying for the expenses the department incurs in	116701
administering the medicaid school component of the medicaid	116702
program;	116703

(2) Paying a qualified medicaid school provider a refund for	116704
any overpayment the provider makes to the department under the	116705
process established in rules ~~adopted under~~authorized by section	116706
~~5111.713~~5162.363 of the Revised Code if the process results in an	116707
overpayment.	116708

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	116709
"deficiency" has the same meaning as in section 5165.60 of the	116710
Revised Code.	116711

The proceeds of all fines, including interest, collected	116712
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	116713
Code shall be deposited in the state treasury to the credit of the	116714
residents protection fund, which is hereby created. The proceeds	116715
of all fines, including interest, collected under section 173.42	116716
of the Revised Code shall be deposited in the state treasury to	116717
the credit of the residents protection fund.	116718

Money in the fund shall be used for the protection of the	116719
health or property of residents of nursing facilities in which the	116720
department of health finds deficiencies, including payment for the	116721
costs of relocation of residents to other facilities, maintenance	116722
of operation of a facility pending correction of deficiencies or	116723
closure, and reimbursement of residents for the loss of money	116724
managed by the facility under section 3721.15 of the Revised Code.	116725
Money in the fund may also be used to make payments under section	116726
~~5111.511~~5165.78 of the Revised Code.	116727

The fund shall be maintained and administered by the	116728
department of ~~job and family services~~medicaid under rules	116729
developed in consultation with the departments of health and aging	116730
and adopted ~~by the director of job and family services~~ under	116731
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	116732
be adopted in accordance with Chapter 119. of the Revised Code.	116733

Sec. 5163.01. As used in this chapter:

116734

"Federal financial participation" has the same meaning as in	116735
section 5160.01 of the Revised Code.	116736

"Federal poverty line" has the same meaning as in section	116737
5162.01 of the Revised Code.	116738

"Healthy start component" has the same meaning as in section	116739
5162.01 of the Revised Code.	116740

"Home and community-based services medicaid waiver component"	116741
has the same meaning as in section 5166.01 of the Revised Code.	116742

"Intermediate care facility for individuals with intellectual	116743
disabilities" and "ICF/IID" have the same meanings as in section	116744
5124.01 of the Revised Code.	116745

"Mandatory eligibility groups" means the groups of	116746
individuals that must be covered by the medicaid state plan as a	116747
condition of the state receiving federal financial participation	116748
for the medicaid program.	116749

"Medicaid buy-in for workers with disabilities program" means	116750
the component of the medicaid program established under sections	116751
5163.09 to 5163.0910 of the Revised Code.	116752

"Medicaid services" has the same meaning as in section	116753
5164.01 of the Revised Code.	116754

"Medicaid waiver component" has the same meaning as in	116755
section 5166.01 of the Revised Code.	116756

"Nursing facility" and "nursing facility services" have the	116757
same meanings as in section 5165.01 of the Revised Code.	116758

"Optional eligibility groups" means the groups of individuals	116759
who may be covered by the medicaid state plan or a federal	116760
medicaid waiver and for whom the medicaid program receives federal	116761
financial participation.	116762

"Other medicaid-funded long-term care services" has the	116763
meaning specified in rules adopted under section 5163.02 of the	116764
Revised Code.	116765

"Supplemental security income program" means the program	116766
established by Title XVI of the "Social Security Act," 42 U.S.C.	116767
1381 et seq.	116768

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	116769
~~family services~~ shall adopt rules ~~establishing~~as necessary to	116770
implement this chapter. The rules shall establish eligibility	116771
requirements for the medicaid program. The rules may establish	116772
requirements for applying for medicaid and determining and	116773
verifying eligibility for medicaid. The rules shall be adopted	116774
~~pursuant to~~in accordance with section 111.15 of the Revised Code	116775
~~and shall be consistent with federal and state law~~. ~~The rules~~	116776
~~shall include rules that do all of the following:~~	116777

(~~1) Establish standards consistent with federal law for~~	116778
~~allocating income and resources as income and resources of the~~	116779
~~spouse, children, parents, or stepparents of a recipient of or~~	116780
~~applicant for medicaid;~~	116781

~~(2) Define the term "resources" as used in division (A)(1) of~~	116782
~~this section;~~	116783

~~(3) Specify the number of months that is to be used for the~~	116784
~~purpose of the term "look-back date" used in section 5111.0116 of~~	116785
~~the Revised Code;~~	116786

~~(4) Establish processes to be used to determine both of the~~	116787
~~following:~~	116788

~~(a) The date an institutionalized individual's ineligibility~~	116789
~~for services under section 5111.0116 of the Revised Code is to~~	116790
~~begin;~~	116791

~~(b) The number of months an institutionalized individual's~~	116792
~~ineligibility for such services is to continue.~~	116793

~~(5) For the purpose of division (C) of section 5111.0116 of~~	116794
~~the Revised Code, establish procedures for granting waivers of all~~	116795
~~or a portion of the period of ineligibility that an~~	116796
~~institutionalized individual would otherwise be subject to under~~	116797
~~that section and additional reasons for which such waivers may be~~	116798
~~granted;~~	116799

~~(6) Define the term "other medicaid-funded long-term care~~	116800
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	116801
~~Revised Code;~~	116802

~~(7) For the purpose of division (C)(2)(c) of section~~	116803
~~5111.0117 of the Revised Code, establish the process to determine~~	116804
~~whether the child of an aged, blind, or disabled individual is~~	116805
~~financially dependent on the individual for housing.~~	116806

~~(B)~~ Notwithstanding any provision of state law, including	116807
statutes, administrative rules, common law, and court rules,	116808
regarding real or personal property or domestic relations, the	116809
standards established under rules adopted under ~~division (A)(1) of~~	116810
this section shall be used to determine eligibility for medicaid.	116811

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	116812
the Revised Code, the medicaid program shall cover all mandatory	116813
eligibility groups.	116814

(B) The medicaid program shall cover all of the optional	116815
eligibility groups that state statutes require the medicaid	116816
program to cover.	116817

(C) The medicaid program may cover any of the optional	116818
eligibility groups to which either of the following applies:	116819

(1) State statutes expressly permit the medicaid program to	116820
cover the optional eligibility group.	116821

(2) State statutes do not address whether the medicaid	116822
program may cover the optional eligibility group.	116823

(D) The medicaid program shall not cover any eligibility	116824
group that state statutes prohibit the medicaid program from	116825
covering.	116826

Sec. 5163.04. The medicaid program shall not cover the group	116827
described in the "Social Security Act," section	116828
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	116829

This section does not affect the medicaid eligibility of any	116830
individual who begins to participate in the metrohealth care plus	116831
medicaid waiver component on or after February 5, 2013.	116832

Sec. 5163.05. The medicaid program's eligibility	116833
requirements for aged, blind, and disabled individuals may be more	116834
restrictive than the eligibility requirements for the supplemental	116835
security income program. Any such more restrictive eligibility	116836
requirements shall be consistent with the 209(b) option described	116837
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	116838

Sec. 5163.06. Beginning January 1, 2014, the medicaid	116839
director may alter the eligibility requirements for, and terminate	116840
the medicaid program's coverage of, one or more optional	116841
eligibility groups or subgroups, including the following:	116842

(A) Children placed with adoptive parents who may be covered	116843
by medicaid pursuant to the "Social Security Act," section	116844
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	116845

(B) Low income women and children who may be covered by	116846
medicaid pursuant to the "Social Security Act," section	116847
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	116848

(C) Independent foster care adolescents who may be covered by	116849
medicaid pursuant to the "Social Security Act," section	116850
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	116851

(D) Women in need of treatment for breast or cervical cancer	116852
who may be covered by medicaid pursuant to the "Social Security	116853
Act," section 1902(a)(10)(A)(ii)(XVIII), 42 U.S.C.	116854
1396a(a)(10)(A)(ii)(XVIII);	116855

(E) Low income, nonpregnant individuals who may receive	116856
family planning services and supplies under medicaid pursuant to	116857
the "Social Security Act," section 1902(a)(10)(A)(ii)(XXI), 42	116858
U.S.C. 1396a(a)(10)(A)(ii)(XXI);	116859

(F) Pregnant women who may be determined presumptively	116860
eligible for medicaid pursuant to the "Social Security Act,"	116861
section 1920, 42 U.S.C. 1396r-1;	116862

(G) Children who may be determined presumptively eligible for	116863
medicaid pursuant to the "Social Security Act," section 1920A, 42	116864
U.S.C. 1396r-1a;	116865

(H) Low income parents who may be covered by medicaid	116866
pursuant to the "Social Security Act," section 1931, 42 U.S.C.	116867
1396u-1.	116868

Sec. 5163.061. If the medicaid director alters the	116869
eligibility requirements for, or terminates the medicaid program's	116870
coverage of, an optional eligibility group or subgroup pursuant to	116871
section 5163.06 of the Revised Code, all of the following apply:	116872

(A) In the case of an optional eligibility group or subgroup	116873
for which the eligibility requirements are altered:	116874

(1) No individual enrolled, before the effective date of the	116875
altered eligibility requirements, in medicaid as part of the group	116876
or subgroup shall remain enrolled in medicaid on and after that	116877
effective date unless the individual meets the altered eligibility	116878
requirements for the group or subgroup or meets the eligibility	116879
requirements for another eligibility group or subgroup.	116880

(2) Beginning on the effective date of the altered	116881
eligibility requirements, no individual may enroll in medicaid as	116882
part of the group or subgroup unless the individual meets the	116883
altered eligibility requirements for the group or subgroup or	116884
meets the eligibility requirements for another eligibility group	116885
or subgroup.	116886

(B) In the case of an optional eligibility group or subgroup	116887
whose medicaid coverage is terminated:	116888

(1) No individual enrolled, before the effective date of the	116889
termination, in medicaid as part of the group or subgroup shall	116890
remain enrolled in medicaid on and after that effective date	116891
unless the individual meets the eligibility requirements for	116892
another eligibility group or subgroup.	116893

(2) Beginning on the effective date of the termination, no	116894
individual may enroll in medicaid as part of the group or subgroup	116895
but may enroll in medicaid as part of another group or subgroup	116896
for which the individual meets the eligibility requirements.	116897

(C) The department of medicaid shall take actions as the	116898
department determines necessary, including requiring actions from	116899
county departments of job and family services, to do both of the	116900
following:	116901

(1) Inform medicaid recipients about the altered eligibility	116902
requirements or termination of the medicaid program's coverage of	116903
the group or subgroup;	116904

(2) In the case of medicaid recipients who will cease to be	116905
eligible for medicaid as part of the group or subgroup because of	116906
the altered eligibility requirements or termination of the group's	116907
or subgroup's coverage, offer to assist the recipients with the	116908
following:	116909

(a) To continue to be enrolled in medicaid as part of another	116910
eligibility group or subgroup for which they meet the eligibility	116911
requirements;	116912

(b) Transition to other health coverage options available to	116913
them.	116914

(D) Regarding appeals authorized by section 5160.31 of the	116915
Revised Code:	116916

(1) No individual may appeal a denial of medicaid eligibility	116917
as part of a group or subgroup whose medicaid coverage is	116918
terminated if the denial is for medicaid eligibility that would	116919
begin or continue on or after the effective date of the	116920
termination.	116921

(2) An individual may initiate or continue, on or after the	116922
effective date of the termination, an appeal concerning the	116923
individual's eligibility for medicaid as part of the group or	116924
subgroup if the decision being appealed concerns the individual's	116925
eligibility for medicaid as part of the group or subgroup before	116926
the effective date of the termination.	116927

(3) An appeal initiated or continued pursuant to division	116928
(D)(2) of this section may not result in the appellant being	116929
enrolled, or continuing to be enrolled, in medicaid as part of the	116930
group or subgroup on or after the effective date of the	116931
termination.	116932

(E) The altered eligibility requirements or termination of	116933
the medicaid program's coverage of the group or subgroup has no	116934
effect on either of the following:	116935

(1) An automatic right of recovery given under section	116936
5160.37 of the Revised Code;	116937

(2) An automatic assignment of rights under section 5160.38	116938
of the Revised Code.	116939

(F) All rules, standards, guidelines, or orders regarding the	116940
group or subgroup issued by the medicaid director before the	116941
effective date of the altered eligibility requirements or	116942
termination of the medicaid program's coverage of the group or	116943
subgroup shall be used for the purpose of determining the state's	116944
legal obligations for claims related to the group or subgroup that	116945
arise from any of the following:	116946

(1) Eligibility determinations regarding enrollment in	116947
medicaid before that effective date;	116948

(2) Claims for payment for medicaid services provided before	116949
that effective date;	116950

(3) Recoveries of erroneous medicaid payments.

116951

Sec. 5163.08. The medicaid director shall implement the	116952
option authorized by the "Social Security Act," section	116953
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	116954
twelve-month eligibility period for transitional medicaid.	116955

~~Sec. 5111.70.~~ Sec. 5163.09. (A) As used in sections ~~5111.70~~	116956
5163.09 to ~~5111.7011~~5163.0910 of the Revised Code:	116957

"Applicant" means an individual who applies to participate in	116958
the medicaid buy-in for workers with disabilities program.	116959

"Earned income" has the meaning established by rules ~~adopted~~	116960
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116961

"Employed individual with a medically improved disability"	116962
has the same meaning as in the "Social Security Act," section	116963
1905(v), 42 U.S.C. 1396d(v).	116964

"Family" means an applicant or participant and the spouse and	116965
dependent children of the applicant or participant. If an	116966
applicant or participant is under eighteen years of age, "family"	116967
also means the parents of the applicant or participant.	116968

~~"Federal poverty guidelines" has the same meaning as in~~	116969
~~section 5101.46 of the Revised Code.~~	116970

"Health insurance" has the meaning established by rules	116971
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	116972
Revised Code.	116973

"Income" means earned income and unearned income.

116974

"Participant" means an individual who has been determined	116975
eligible for the medicaid buy-in for workers with disabilities	116976
program and is participating in the program.	116977

"Resources" has the meaning established by rules ~~adopted~~	116978
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116979

"Spouse" has the meaning established in rules ~~adopted under~~	116980
authorized by section ~~5111.708~~5163.098 of the Revised Code.	116981

~~"Supplemental security income program" means the program~~	116982
~~established under Title XVI of the "Social Security Act," 86 Stat.~~	116983
~~1329 (1972), 42 U.S.C. 1381, as amended.~~	116984

~~"Medicaid buy-in for workers with disabilities program" means~~	116985
~~the component of the medicaid program established under sections~~	116986
~~5111.70 to 5111.7011 of the Revised Code.~~	116987

"Unearned income" has the meaning established by rules	116988
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	116989
Revised Code.	116990

(B) ~~Not later than one hundred eighty days after the~~	116991
~~effective date of this section, the director of job and family~~	116992
~~services shall submit to the United States secretary of health and~~	116993
~~human services an amendment to the state medicaid plan and any~~	116994
~~federal waiver necessary to establish the medicaid buy-in for~~	116995
~~workers with disabilities program in accordance with~~The medicaid	116996
program shall cover the optional eligibility groups specified in	116997
the "Social Security Act," section 1902(a)(10)(A)(ii)(XV) and	116998
(XVI), 42 U.S.C. 1396a(a) (10)(A)(ii)(XV) and (XVI) ~~and~~in	116999
accordance with sections ~~5111.70~~5163.09 to ~~5111.7011~~5163.0910	117000
of the Revised Code. ~~The director shall implement sections~~	117001
~~5111.701 to 5111.7011 of the Revised Code if the amendment and, if~~	117002
~~needed, federal waiver are approved.~~The medicaid program's	117003
coverage of these optional eligibility groups shall be known as	117004
the medicaid buy-in for workers with disabilities program.	117005

~~Sec. 5111.701.~~ Sec. 5163.091. Under the medicaid buy-in for	117006
workers with disabilities program, an individual who does all of	117007
the following in accordance with rules ~~adopted under~~authorized by	117008
section ~~5111.708~~5163.098 of the Revised Code qualifies for	117009
~~medical assistance under~~ the medicaid program:	117010

(A) Applies for the medicaid buy-in for workers with	117011
disabilities program;	117012

(B) Provides satisfactory evidence of all of the following:

117013

(1) That the individual is at least sixteen years of age and	117014
under sixty-five years of age;	117015

(2) Except as provided in section ~~5111.706~~5163.096 of the	117016
Revised Code, that one of the following applies to the individual:	117017

(a) The individual is considered disabled for the purpose of	117018
the supplemental security income program, regardless of whether	117019
the individual receives supplemental security income benefits, and	117020
the individual has earnings from employment.	117021

(b) The individual is an employed individual with a medically	117022
improved disability.	117023

(3) That the value of the individual's resources, less	117024
amounts disregarded pursuant to rules ~~adopted under~~authorized by	117025
section ~~5111.708~~5163.098 of the Revised Code, does not exceed the	117026
amount provided for by section ~~5111.702~~5163.092 of the Revised	117027
Code;	117028

(4) That the individual's income, less amounts disregarded	117029
pursuant to section ~~5111.703~~5163.093 of the Revised Code, does	117030
not exceed two hundred fifty per cent of the federal poverty	117031
~~guidelines~~line;	117032

(5) That the individual meets the additional eligibility	117033
requirements for the medicaid buy-in for workers with disabilities	117034
program ~~that the director of job and family services establishes~~	117035
established in rules ~~adopted under~~authorized by section ~~5111.708~~	117036
5163.098 of the Revised Code.	117037

(C) To the extent required by section ~~5111.704~~5163.094 of	117038
the Revised Code, pays the premium established under that section.	117039

~~Sec. 5111.702.~~ Sec. 5163.092. (A) Except as provided in division	117040
(B) of this section, the maximum value of resources, less amounts	117041
disregarded pursuant to rules ~~adopted under~~authorized by section	117042
~~5111.708~~5163.098 of the Revised Code, that an individual may have	117043
without the individual exceeding the resource eligibility limit	117044
for the medicaid buy-in for workers with disabilities program	117045
shall not exceed ten thousand dollars.	117046

(B) Each calendar year, the medicaid director ~~of job and~~	117047
~~family services~~ shall adjust the resource eligibility limit	117048
specified in division (A) of this section by the change in the	117049
consumer price index for all items for all urban consumers for the	117050
previous calendar year, as published by the United States bureau	117051
of labor statistics. The annual adjustment shall go into effect on	117052
the earliest date possible.	117053

~~Sec. 5111.703.~~ Sec. 5163.093. For the purpose of determining	117054
whether an individual is within the income eligibility limit for	117055
the medicaid buy-in for workers with disabilities program, all of	117056
the following apply:	117057

(A) Twenty thousand dollars of the individual's earned income	117058
shall be disregarded.	117059

(B) No amount that the individual's employer pays to obtain	117060
health insurance for one or more members of the individual's	117061
family, including any amount of a premium established under	117062
section ~~5111.704~~5163.094 of the Revised Code that the employer	117063
pays, shall be treated as the individual's income.	117064

(C) Any other amounts, if any, specified in rules ~~adopted~~	117065
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code	117066
shall be disregarded from the individual's earned income, unearned	117067
income, or both.	117068

~~Sec. 5111.704.~~ Sec. 5163.094. An individual whose income exceeds	117069
one hundred fifty per cent of the federal poverty ~~guidelines~~line	117070
shall pay an annual premium as a condition of qualifying for the	117071
medicaid buy-in for workers with disabilities program. The amount	117072
of the premium shall be determined as follows:	117073

(A) Subtract one hundred fifty per cent of the federal	117074
poverty ~~guidelines~~line, as applicable for a family size equal to	117075
the size of the individual's family, from the amount of the income	117076
of the individual's family;	117077

(B) Subtract an amount specified in rules ~~adopted under~~	117078
authorized by section ~~5111.708~~5163.098 of the Revised Code from	117079
the difference determined under division (A) of this section;	117080

(C) Multiply the difference determined under division (B) of	117081
this section by one tenth.	117082

~~Sec. 5111.705.~~ Sec. 5163.095. No individual shall be denied	117083
eligibility for the medicaid buy-in for workers with disabilities	117084
program on the basis that the individual receives services under a	117085
home and community-based services medicaid waiver component as	117086
~~defined in section 5111.85 of the Revised Code~~.	117087

~~Sec. 5111.706.~~ Sec. 5163.096. An individual participating in the	117088
medicaid buy-in for workers with disabilities program may continue	117089
to participate in the program for up to six months even though the	117090
individual ceases to have earnings from employment or to be an	117091
employed individual with a medically improved disability due to	117092
ceasing to be employed if the individual continues to meet all	117093
other eligibility requirements for the program.	117094

~~Sec. 5111.707.~~ Sec. 5163.097. If the United States secretary of	117095
health and human services requires that a provision ~~in the~~	117096
~~amendment to the state medicaid plan or the federal waiver request~~	117097
~~submitted under section 5111.70 of the Revised Code~~of the	117098
medicaid buy-in for workers with disabilities program be changed	117099
or removed in order for the secretary to approve the ~~amendment or~~	117100
~~waiver~~program or to avoid an extended delay in the secretary's	117101
approval, the medicaid director ~~of job and family services~~ shall	117102
make the change or removal. The change or removal may cause the	117103
medicaid buy-in for workers with disabilities program to include a	117104
provision that is inconsistent with sections ~~5111.70~~5163.09 to	117105
~~5111.706~~5163.096 of the Revised Code. Such a change or removal	117106
shall be made only to the extent necessary to obtain the United	117107
States secretary's approval or avoid an extended delay in the	117108
secretary's approval and shall be reflected in rules ~~adopted~~	117109
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	117110

~~Sec. 5111.708.~~ Sec. 5163.098. (A) The medicaid director ~~of job and~~	117111
~~family services~~ shall adopt rules ~~in accordance with Chapter 119.~~	117112
under section 5163.02 of the Revised Code as necessary to	117113
implement the medicaid buy-in for workers with disabilities	117114
program. The rules shall do all of the following:	117115

(1) Specify assets, asset values, and amounts to be	117116
disregarded in determining asset and income eligibility limits for	117117
the program;	117118

(2) Establish meanings for the terms "earned income," "health	117119
insurance," "resources," "spouse," and "unearned income";	117120

(3) Establish additional eligibility requirements for the	117121
program that must be established for the United States secretary	117122
of health and human services to approve the program;	117123

(4) For the purpose of division (B) of section ~~5111.704~~	117124
5163.094 of the Revised Code, specify an amount to be subtracted	117125
from the difference determined under division (A) of that section.	117126

(B) The director may adopt rules ~~in accordance with Chapter~~	117127
~~119.~~under section 5163.02 of the Revised Code to specify amounts	117128
to be disregarded from an individual's earned income, unearned	117129
income, or both under division (C) of section ~~5111.703~~5163.093 of	117130
the Revised Code for the purpose of determining whether the	117131
individual is within the income eligibility limit for the medicaid	117132
buy-in for workers with disabilities program.	117133

~~Sec. 5111.709.~~ Sec. 5163.099. (A) There is hereby created the	117134
medicaid buy-in advisory council. The council shall consist of all	117135
of the following:	117136

(1) The following voting members:

117137

(a) The executive director of assistive technology of Ohio or	117138
the executive director's designee;	117139

(b) The director of the axis center for public awareness of	117140
people with disabilities or the director's designee;	117141

(c) The executive director of the cerebral palsy association	117142
of Ohio or the executive director's designee;	117143

(d) The chief executive officer of Ohio advocates for mental	117144
health or the chief executive officer's designee;	117145

(e) The state director of the Ohio chapter of AARP or the	117146
state director's designee;	117147

(f) The director of the Ohio developmental disabilities	117148
council created under section 5123.35 of the Revised Code or the	117149
director's designee;	117150

(g) The executive director of the governor's council on	117151
people with disabilities created under section 3303.41 of the	117152
Revised Code or the executive director's designee;	117153

(h) The chairperson of the Ohio Olmstead task force or the	117154
chairperson's designee;	117155

(i) The executive director of the Ohio statewide independent	117156
living council or the executive director's designee;	117157

(j) The president of the Ohio chapter of the national	117158
multiple sclerosis society or the president's designee;	117159

(k) The executive director of the arc of Ohio or the	117160
executive director's designee;	117161

(l) The executive director of the commission on minority	117162
health or the executive director's designee;	117163

(m) The executive director of the brain injury association of	117164
Ohio or the executive director's designee;	117165

(n) The executive officer of any other advocacy organization	117166
who volunteers to serve on the council, or such an executive	117167
officer's designee, if the other voting members, at a meeting	117168
called by the chairperson elected under division (C) of this	117169
section, determine it is appropriate for the advocacy organization	117170
to be represented on the council;	117171

(o) One or more participants who volunteer to serve on the	117172
council and are selected by the other voting members at a meeting	117173
the chairperson calls after the medicaid buy-in for workers with	117174
disabilities program is implemented.	117175

(2) The following non-voting members:

117176

(a) The medicaid director ~~of job and family services~~ or the	117177
director's designee;	117178

(b) The ~~administrator~~executive director of the	117179
~~rehabilitation services commission~~opportunities for Ohioans with	117180
disabilities agency or the ~~administrator's~~executive director's	117181
designee;	117182

(c) ~~The director of alcohol and drug addiction services or~~	117183
~~the director's designee;~~	117184

~~(d)~~ The director of developmental disabilities or the	117185
director's designee;	117186

~~(e)~~(d) The director of mental health and addiction services	117187
or the director's designee;	117188

~~(f)~~(e) The executive officer of any other government entity,	117189
or the executive officer's designee, if the voting members, at a	117190
meeting called by the chairperson, determine it is appropriate for	117191
the government entity to be represented on the council.	117192

(B) All members of the medicaid buy-in advisory council shall	117193
serve without compensation or reimbursement, except as serving on	117194
the council is considered part of their usual job duties.	117195

(C) The voting members of the medicaid buy-in advisory	117196
council shall elect one of the members of the council to serve as	117197
the council's chairperson for a two-year term. The chairperson may	117198
be re-elected to successive terms.	117199

(D) The department of ~~job and family services~~medicaid shall	117200
provide the Ohio medicaid buy-in advisory council with	117201
accommodations for the council to hold its meetings and shall	117202
provide the council with other administrative assistance the	117203
council needs to perform its duties.	117204

~~Sec. 5111.7011.~~ Sec. 5163.0910. Not less than once each year, the	117205
medicaid director ~~of job and family services~~ shall submit a	117206
report on the medicaid buy-in for workers with disabilities	117207
program to the governor, speaker and minority leader of the house	117208
of representatives, president and minority leader of the senate,	117209
and chairpersons of the house and senate committees to which the	117210
biennial operating budget bill is referred. The report shall	117211
include all of the following information:	117212

(A) The number of individuals who participated in the	117213
medicaid buy-in for workers with disabilities program;	117214

(B) The cost of the program;

117215

(C) The amount of revenue generated by premiums that	117216
participants pay under section ~~5111.704~~5163.094 of the Revised	117217
Code;	117218

(D) The average amount of earned income of participants'	117219
families;	117220

(E) The average amount of time participants have participated	117221
in the program;	117222

(F) The types of other health insurance participants have	117223
been able to obtain.	117224

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	117225
~~assistance~~ is the beneficiary of a trust created pursuant to	117226
section 5815.28 of the Revised Code, then, notwithstanding any	117227
contrary provision of this chapter or of a rule adopted ~~pursuant~~	117228
~~to this chapter~~under section 5163.02 of the Revised Code,	117229
divisions (C) and (D) of that section shall apply in determining	117230
the assets or resources of the recipient, the recipient's estate,	117231
the settlor, or the settlor's estate and to claims arising under	117232
this chapter against the recipient, the recipient's estate, the	117233
settlor, or the settlor's estate.	117234

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	117235
either of the following:	117236

(a) Initial eligibility determinations for the medicaid	117237
program ~~made by the department of job and family services pursuant~~	117238
~~to section 5101.47 of the Revised Code or by a county department~~	117239
~~of job and family services pursuant to section 5111.012 of the~~	117240
~~Revised Code~~;	117241

(b) An appeal from aan initial eligibility determination	117242
~~described in division (A)(1)(a) of this section~~ pursuant to	117243
section ~~5101.35~~5160.31 of the Revised Code.	117244

(2)(a) Except as provided in division (A)(2)(b) of this	117245
section, this section shall not be used by a court to determine	117246
the effect of a trust on an individual's initial eligibility for	117247
the medicaid program.	117248

(b) The prohibition in division (A)(2)(a) of this section	117249
does not apply to an appeal described in division (A)(1)(b) of	117250
this section.	117251

(B) As used in this section:

117252

(1) "Trust" means any arrangement in which a grantor	117253
transfers real or personal property to a trust with the intention	117254
that it be held, managed, or administered by at least one trustee	117255
for the benefit of the grantor or beneficiaries. "Trust" includes	117256
any legal instrument or device similar to a trust.	117257

(2) "Legal instrument or device similar to a trust" includes,	117258
but is not limited to, escrow accounts, investment accounts,	117259
partnerships, contracts, and other similar arrangements that are	117260
not called trusts under state law but are similar to a trust and	117261
to which all of the following apply:	117262

(a) The property in the trust is held, managed, retained, or	117263
administered by a trustee.	117264

(b) The trustee has an equitable, legal, or fiduciary duty to	117265
hold, manage, retain, or administer the property for the benefit	117266
of the beneficiary.	117267

(c) The trustee holds identifiable property for the	117268
beneficiary.	117269

(3) "Grantor" is a person who creates a trust, including all	117270
of the following:	117271

(a) An individual;

117272

(b) An individual's spouse;

117273

(c) A person, including a court or administrative body, with	117274
legal authority to act in place of or on behalf of an individual	117275
or an individual's spouse;	117276

(d) A person, including a court or administrative body, that	117277
acts at the direction or on request of an individual or the	117278
individual's spouse.	117279

(4) "Beneficiary" is a person or persons, including a	117280
grantor, who benefits in some way from a trust.	117281

(5) "Trustee" is a person who manages a trust's principal and	117282
income for the benefit of the beneficiaries.	117283

(6) "Person" has the same meaning as in section 1.59 of the	117284
Revised Code and includes an individual, corporation, business	117285
trust, estate, trust, partnership, and association.	117286

(7) "Applicant" is an individual who applies for medicaid or	117287
the individual's spouse.	117288

(8) "Recipient" is an individual who receives medicaid or the	117289
individual's spouse.	117290

(9) "Revocable trust" is a trust that can be revoked by the	117291
grantor or the beneficiary, including all of the following, even	117292
if the terms of the trust state that it is irrevocable:	117293

(a) A trust that provides that the trust can be terminated	117294
only by a court;	117295

(b) A trust that terminates on the happening of an event, but	117296
only if the event occurs at the direction or control of the	117297
grantor, beneficiary, or trustee.	117298

(10) "Irrevocable trust" is a trust that cannot be revoked by	117299
the grantor or terminated by a court and that terminates only on	117300
the occurrence of an event outside of the control or direction of	117301
the beneficiary or grantor.	117302

(11) "Payment" is any disbursal from the principal or income	117303
of the trust, including actual cash, noncash or property	117304
disbursements, or the right to use and occupy real property.	117305

(12) "Payments to or for the benefit of the applicant or	117306
recipient" is a payment to any person resulting in a direct or	117307
indirect benefit to the applicant or recipient.	117308

(13) "Testamentary trust" is a trust that is established by a	117309
will and does not take effect until after the death of the person	117310
who created the trust.	117311

(C)(1) If an applicant or recipient is a beneficiary of a	117312
trust, the applicant or recipient shall submit a complete copy of	117313
the trust instrument to the county department of job and family	117314
services and the department of medicaid. A copy shall be	117315
considered complete if it contains all pages of the trust	117316
instrument and all schedules, attachments, and accounting	117317
statements referenced in or associated with the trust. The copy is	117318
confidential and is not subject to disclosure under section 149.43	117319
of the Revised Code.	117320

(2) On receipt of a copy of a trust instrument or otherwise	117321
determining that an applicant or recipient is a beneficiary of a	117322
trust, the county department of job and family services shall	117323
determine what type of trust it is and shall treat the trust in	117324
accordance with the appropriate provisions of this section and	117325
rules adopted ~~by the department of job and family services~~under	117326
section 5163.02 of the Revised Code governing trusts. The county	117327
department of job and family services may determine that any of	117328
the following is the case regarding the trust or portion of the	117329
trust:	117330

(a) IsIt is a resource available to the applicant or	117331
recipient;	117332

(b) ~~Contains~~It contains income available to the applicant or	117333
recipient;	117334

(c) ~~Constitutes both items described in divisions~~Divisions	117335
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	117336

(d) ~~Is neither an item described in~~Neither division	117337
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	117338

~~(2)~~(3) Except as provided in division (F) of this section, a	117339
trust or portion of a trust that is a resource available to the	117340
applicant or recipient or contains income available to the	117341
applicant or recipient shall be counted for purposes of	117342
determining medicaid eligibility.	117343

(D)(1) A trust or legal instrument or device similar to a	117344
trust shall be considered a medicaid qualifying trust if all of	117345
the following apply:	117346

(a) The trust was established on or prior to August 10, 1993.

117347

(b) The trust was not established by a will.

117348

117349

(d) The applicant or recipient is or may become the	117350
beneficiary of all or part of the trust.	117351

(e) Payment from the trust is determined by one or more	117352
trustees who are permitted to exercise any discretion with respect	117353
to the distribution to the applicant or recipient.	117354

(2) If a trust meets the requirement of division (D)(1) of	117355
this section, the amount of the trust that is considered by the	117356
county department of job and family services to be a resource	117357
available to the applicant or recipient shall be the maximum	117358
amount of payments permitted under the terms of the trust to be	117359
distributed to the applicant or recipient, assuming the full	117360
exercise of discretion by the trustee or trustees. The maximum	117361
amount shall include only amounts that are permitted to be	117362
distributed but are not distributed from either the income or	117363
principal of the trust.	117364

(3) Amounts that are actually distributed from a medicaid	117365
qualifying trust to a beneficiary for any purpose shall be treated	117366
in accordance with rules adopted ~~by the department of job and~~	117367
~~family services~~under section 5163.02 of the Revised Code	117368
governing income.	117369

(4) Availability of a medicaid qualifying trust shall be	117370
considered without regard to any of the following:	117371

(a) Whether or not the trust is irrevocable or was	117372
established for purposes other than to enable a grantor to qualify	117373
for medicaid~~, medical assistance for covered families and~~	117374
~~children, or as a qualified medicare beneficiary, specified~~	117375
~~low-income medicare beneficiary, qualifying individual-1, or~~	117376
~~qualifying individual-2~~;	117377

(b) Whether or not the trustee actually exercises discretion.

117378

(5) If any real or personal property is transferred to a	117379
medicaid qualifying trust that is not distributable to the	117380
applicant or recipient, the transfer shall be considered an	117381
improper disposition of assets and shall be subject to section	117382
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117383
section adopted under section ~~5111.011~~5163.02 of the Revised	117384
Code.	117385

(6) The baseline date for the look-back period for	117386
disposition of assets involving a medicaid qualifying trust shall	117387
be the date on which the applicant or recipient is both	117388
institutionalized and first applies for medicaid.	117389

(E)(1) A trust or legal instrument or device similar to a	117390
trust shall be considered a self-settled trust if all of the	117391
following apply:	117392

(a) The trust was established on or after August 11, 1993.

117393

(b) The trust was not established by a will.

117394

(c) The trust was established by an applicant or recipient,	117395
spouse of an applicant or recipient, or a person, including a	117396
court or administrative body, with legal authority to act in place	117397
of or on behalf of an applicant, recipient, or spouse, or acting	117398
at the direction or on request of an applicant, recipient, or	117399
spouse.	117400

(2) A trust that meets the requirements of division (E)(1) of	117401
this section and is a revocable trust shall be treated by the	117402
county department of job and family services as follows:	117403

(a) The corpus of the trust shall be considered a resource	117404
available to the applicant or recipient.	117405

(b) Payments from the trust to or for the benefit of the	117406
applicant or recipient shall be considered unearned income of the	117407
applicant or recipient.	117408

(c) Any other payments from the trust shall be considered an	117409
improper disposition of assets and shall be subject to section	117410
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117411
section adopted under section ~~5111.011~~5163.02 of the Revised	117412
Code.	117413

(3) A trust that meets the requirements of division (E)(1) of	117414
this section and is an irrevocable trust shall be treated by the	117415
county department of job and family services as follows:	117416

(a) If there are any circumstances under which payment from	117417
the trust could be made to or for the benefit of the applicant or	117418
recipient, including a payment that can be made only in the	117419
future, the portion from which payments could be made shall be	117420
considered a resource available to the applicant or recipient. The	117421
county department of job and family services shall not take into	117422
account when payments can be made.	117423

(b) Any payment that is actually made to or for the benefit	117424
of the applicant or recipient from either the corpus or income	117425
shall be considered unearned income.	117426

(c) If a payment is made to someone other than to the	117427
applicant or recipient and the payment is not for the benefit of	117428
the applicant or recipient, the payment shall be considered an	117429
improper disposition of assets and shall be subject to section	117430
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117431
section adopted under section ~~5111.011~~5163.02 of the Revised	117432
Code.	117433

(d) The date of the disposition shall be the later of the	117434
date of establishment of the trust or the date of the occurrence	117435
of the event.	117436

(e) When determining the value of the disposed asset under	117437
this provision, the value of the trust shall be its value on the	117438
date payment to the applicant or recipient was foreclosed.	117439

(f) Any income earned or other resources added subsequent to	117440
the foreclosure date shall be added to the total value of the	117441
trust.	117442

(g) Any payments to or for the benefit of the applicant or	117443
recipient after the foreclosure date but prior to the application	117444
date shall be subtracted from the total value. Any other payments	117445
shall not be subtracted from the value.	117446

(h) Any addition of assets after the foreclosure date shall	117447
be considered a separate disposition.	117448

(4) If a trust is funded with assets of another person or	117449
persons in addition to assets of the applicant or recipient, the	117450
applicable provisions of this section and rules adopted ~~by the~~	117451
~~department of job and family services~~under section 5163.02 of the	117452
Revised Code governing trusts shall apply only to the portion of	117453
the trust attributable to the applicant or recipient.	117454

(5) The availability of a self-settled trust shall be	117455
considered without regard to any of the following:	117456

(a) The purpose for which the trust is established;

117457

(b) Whether the trustees have exercised or may exercise	117458
discretion under the trust;	117459

(c) Any restrictions on when or whether distributions may be	117460
made from the trust;	117461

(d) Any restrictions on the use of distributions from the	117462
trust.	117463

(6) The baseline date for the look-back period for	117464
dispositions of assets involving a self-settled trust shall be the	117465
date on which the applicant or recipient is both institutionalized	117466
and first applies for medicaid.	117467

(F) The principal or income from any of the following shall	117468
not be a resource available to the applicant or recipient:	117469

(1)(a) A special needs trust that meets all of the following	117470
requirements:	117471

(i) The trust contains assets of an applicant or recipient	117472
under sixty-five years of age and may contain the assets of other	117473
individuals.	117474

(ii) The applicant or recipient is disabled as defined in	117475
rules adopted ~~by the department of job and family services~~under	117476
section 5163.02 of the Revised Code.	117477

(iii) The trust is established for the benefit of the	117478
applicant or recipient by a parent, grandparent, legal guardian,	117479
or a court.	117480

(iv) The trust requires that on the death of the applicant or	117481
recipient the state will receive all amounts remaining in the	117482
trust up to an amount equal to the total amount of medicaid ~~paid~~	117483
payments made on behalf of the applicant or recipient.	117484

(b) If a special needs trust meets the requirements of	117485
division (F)(1)(a) of this section and has been established for a	117486
disabled applicant or recipient under sixty-five years of age, the	117487
exemption for the trust granted pursuant to division (F) of this	117488
section shall continue after the disabled applicant or recipient	117489
becomes sixty-five years of age if the applicant or recipient	117490
continues to be disabled as defined in rules adopted ~~by the~~	117491
~~department of job and family services~~under section 5163.02 of the	117492
Revised Code. Except for income earned by the trust, the grantor	117493
shall not add to or otherwise augment the trust after the	117494
applicant or recipient attains sixty-five years of age. An	117495
addition or augmentation of the trust by the applicant or	117496
recipient with the applicant's own assets after the applicant or	117497
recipient attains sixty-five years of age shall be treated as an	117498
improper disposition of assets.	117499

(c) Cash distributions to the applicant or recipient shall be	117500
counted as unearned income. All other distributions from the trust	117501
shall be treated as provided in rules adopted ~~by the department of~~	117502
~~job and family services~~under section 5163.02 of the Revised Code	117503
governing in-kind income.	117504

(d) Transfers of assets to a special needs trust shall not be	117505
treated as an improper transfer of resources. An asset held prior	117506
to the transfer to the trust shall be considered as a resource	117507
available to the applicant or recipient, income available to the	117508
applicant or recipient, or both a resource and income available to	117509
the individual.	117510

(2)(a) A qualifying income trust that meets all of the	117511
following requirements:	117512

(i) The trust is composed only of pension, social security,	117513
and other income to the applicant or recipient, including	117514
accumulated interest in the trust.	117515

(ii) The income is received by the individual and the right	117516
to receive the income is not assigned or transferred to the trust.	117517

(iii) The trust requires that on the death of the applicant	117518
or recipient the state will receive all amounts remaining in the	117519
trust up to an amount equal to the total amount of medicaid ~~paid~~	117520
payments made on behalf of the applicant or recipient.	117521

(b) No resources shall be used to establish or augment the	117522
trust.	117523

(c) If an applicant or recipient has irrevocably transferred	117524
or assigned the applicant's or recipient's right to receive income	117525
to the trust, the trust shall not be considered a qualifying	117526
income trust by the county department of job and family services.	117527

(d) Income placed in a qualifying income trust shall not be	117528
counted in determining an applicant's or recipient's eligibility	117529
for medicaid. The recipient of the funds may place any income	117530
directly into a qualifying income trust without those funds	117531
adversely affecting the applicant's or recipient's eligibility for	117532
medicaid. Income generated by the trust that remains in the trust	117533
shall not be considered as income to the applicant or recipient.	117534

(e) All income placed in a qualifying income trust shall be	117535
combined with any income available to the individual that is not	117536
placed in the trust to arrive at a base income figure to be used	117537
for spend down calculations.	117538

(f) The base income figure shall be used for post-eligibility	117539
deductions, including personal needs allowance, monthly income	117540
allowance, family allowance, and medical expenses not subject to	117541
third party payment. Any income remaining shall be used toward	117542
payment of patient liability. Payments made from a qualifying	117543
income trust shall not be combined with the base income figure for	117544
post-eligibility calculations.	117545

(g) The base income figure shall be used when determining the	117546
spend down budget for the applicant or recipient. Any income	117547
remaining after allowable deductions are permitted as provided	117548
under rules adopted ~~by the department of job and family services~~	117549
under section 5163.02 of the Revised Code shall be considered the	117550
applicant's or recipient's spend down liability.	117551

(3)(a) A pooled trust that meets all of the following	117552
requirements:	117553

(i) The trust contains the assets of the applicant or	117554
recipient of any age who is disabled as defined in rules adopted	117555
~~by the department of job and family services~~under section 5163.02	117556
of the Revised Code.	117557

(ii) The trust is established and managed by a nonprofit	117558
organization.	117559

(iii) A separate account is maintained for each beneficiary	117560
of the trust but, for purposes of investment and management of	117561
funds, the trust pools the funds in these accounts.	117562

(iv) Accounts in the trust are established by the applicant	117563
or recipient, the applicant's or recipient's parent, grandparent,	117564
or legal guardian, or a court solely for the benefit of	117565
individuals who are disabled.	117566

(v) The trust requires that, to the extent that any amounts	117567
remaining in the beneficiary's account on the death of the	117568
beneficiary are not retained by the trust, the trust pay to the	117569
state the amounts remaining in the trust up to an amount equal to	117570
the total amount of medicaid ~~paid~~payments made on behalf of the	117571
beneficiary.	117572

(b) Cash distributions to the applicant or recipient shall be	117573
counted as unearned income. All other distributions from the trust	117574
shall be treated as provided in rules adopted ~~by the department of~~	117575
~~job and family services~~under section 5163.02 of the Revised Code	117576
governing in-kind income.	117577

(c) Transfers of assets to a pooled trust shall not be	117578
treated as an improper disposition of assets. An asset held prior	117579
to the transfer to the trust shall be considered as a resource	117580
available to the applicant or recipient, income available to the	117581
applicant or recipient, or both a resource and income available to	117582
the applicant or recipient.	117583

(4) A supplemental services trust that meets the requirements	117584
of section 5815.28 of the Revised Code and to which all of the	117585
following apply:	117586

(a) A person may establish a supplemental services trust	117587
pursuant to section 5815.28 of the Revised Code only for another	117588
person who is eligible to receive services through one of the	117589
following agencies:	117590

(i) The department of developmental disabilities;

117591

(ii) A county board of developmental disabilities;

117592

(iii) The department of ~~mental health~~mental health and	117593
addiction services;	117594

(iv) A board of alcohol, drug addiction, and mental health	117595
services.	117596

(b) A county department of job and family services shall not	117597
determine eligibility for another agency's program. An applicant	117598
or recipient shall do one of the following:	117599

(i) Provide documentation from one of the agencies listed in	117600
division (F)(4)(a) of this section that establishes that the	117601
applicant or recipient was determined to be eligible for services	117602
from the agency at the time of the creation of the trust;	117603

(ii) Provide an order from a court of competent jurisdiction	117604
that states that the applicant or recipient was eligible for	117605
services from one of the agencies listed in division (F)(4)(a) of	117606
this section at the time of the creation of the trust.	117607

(c) At the time the trust is created, the trust principal	117608
does not exceed the maximum amount permitted. The maximum amount	117609
permitted in calendar year 2006 is two hundred twenty-two thousand	117610
dollars. Each year thereafter, the maximum amount permitted is the	117611
prior year's amount plus two thousand dollars.	117612

(d) A county department of job and family services shall	117613
review the trust to determine whether it complies with the	117614
provisions of section 5815.28 of the Revised Code.	117615

(e) Payments from supplemental services trusts shall be	117616
exempt as long as the payments are for supplemental services as	117617
defined in rules adopted ~~by the department of job and family~~	117618
~~services~~under section 5163.02 of the Revised Code. All	117619
supplemental services shall be purchased by the trustee and shall	117620
not be purchased through direct cash payments to the beneficiary.	117621

(f) If a trust is represented as a supplemental services	117622
trust and a county department of job and family services	117623
determines that the trust does not meet the requirements provided	117624
in division (F)(4) of this section and section 5815.28 of the	117625
Revised Code, the county department of job and family services	117626
shall not consider it an exempt trust.	117627

(G)(1) A trust or legal instrument or device similar to a	117628
trust shall be considered a trust established by an individual for	117629
the benefit of the applicant or recipient if all of the following	117630
apply:	117631

(a) The trust is created by a person other than the applicant	117632
or recipient.	117633

(b) The trust names the applicant or recipient as a	117634
beneficiary.	117635

(c) The trust is funded with assets or property in which the	117636
applicant or recipient has never held an ownership interest prior	117637
to the establishment of the trust.	117638

(2) Any portion of a trust that meets the requirements of	117639
division (G)(1) of this section shall be a resource available to	117640
the applicant or recipient only if the trust permits the trustee	117641
to expend principal, corpus, or assets of the trust for the	117642
applicant's or recipient's medical care, care, comfort,	117643
maintenance, health, welfare, general well being, or any	117644
combination of these purposes.	117645

(3) A trust that meets the requirements of division (G)(1) of	117646
this section shall be considered a resource available to the	117647
applicant or recipient even if the trust contains any of the	117648
following types of provisions:	117649

(a) A provision that prohibits the trustee from making	117650
payments that would supplant or replace medicaid or other public	117651
assistance;	117652

(b) A provision that prohibits the trustee from making	117653
payments that would impact or have an effect on the applicant's or	117654
recipient's right, ability, or opportunity to receive medicaid or	117655
other public assistance;	117656

(c) A provision that attempts to prevent the trust or its	117657
corpus or principal from being a resource available to the	117658
applicant or recipient.	117659

(4) A trust that meets the requirements of division (G)(1) of	117660
this section shall not be counted as a resource available to the	117661
applicant or recipient if at least one of the following	117662
circumstances applies:	117663

(a) If a trust contains a clear statement requiring the	117664
trustee to preserve a portion of the trust for another beneficiary	117665
or remainderman, that portion of the trust shall not be counted as	117666
a resource available to the applicant or recipient. Terms of a	117667
trust that grant discretion to preserve a portion of the trust	117668
shall not qualify as a clear statement requiring the trustee to	117669
preserve a portion of the trust.	117670

(b) If a trust contains a clear statement requiring the	117671
trustee to use a portion of the trust for a purpose other than	117672
medical care, care, comfort, maintenance, welfare, or general well	117673
being of the applicant or recipient, that portion of the trust	117674
shall not be counted as a resource available to the applicant or	117675
recipient. Terms of a trust that grant discretion to limit the use	117676
of a portion of the trust shall not qualify as a clear statement	117677
requiring the trustee to use a portion of the trust for a	117678
particular purpose.	117679

(c) If a trust contains a clear statement limiting the	117680
trustee to making fixed periodic payments, the trust shall not be	117681
counted as a resource available to the applicant or recipient and	117682
payments shall be treated in accordance with rules adopted ~~by the~~	117683
~~department of job and family services~~under section 5163.02 of the	117684
Revised Code governing income. Terms of a trust that grant	117685
discretion to limit payments shall not qualify as a clear	117686
statement requiring the trustee to make fixed periodic payments.	117687

(d) If a trust contains a clear statement that requires the	117688
trustee to terminate the trust if it is counted as a resource	117689
available to the applicant or recipient, the trust shall not be	117690
counted as such. Terms of a trust that grant discretion to	117691
terminate the trust do not qualify as a clear statement requiring	117692
the trustee to terminate the trust.	117693

(e) If a person obtains a judgment from a court of competent	117694
jurisdiction that expressly prevents the trustee from using part	117695
or all of the trust for the medical care, care, comfort,	117696
maintenance, welfare, or general well being of the applicant or	117697
recipient, the trust or that portion of the trust subject to the	117698
court order shall not be counted as a resource available to the	117699
applicant or recipient.	117700

(f) If a trust is specifically exempt from being counted as a	117701
resource available to the applicant or recipient by a provision of	117702
the Revised Code, rules, or federal law, the trust shall not be	117703
counted as such.	117704

(g) If an applicant or recipient presents a final judgment	117705
from a court demonstrating that the applicant or recipient was	117706
unsuccessful in a civil action against the trustee to compel	117707
payments from the trust, the trust shall not be counted as a	117708
resource available to the applicant or recipient.	117709

(h) If an applicant or recipient presents a final judgment	117710
from a court demonstrating that in a civil action against the	117711
trustee the applicant or recipient was only able to compel limited	117712
or periodic payments, the trust shall not be counted as a resource	117713
available to the applicant or recipient and payments shall be	117714
treated in accordance with rules adopted ~~by the department of job~~	117715
~~and family services~~under section 5163.02 of the Revised Code	117716
governing income.	117717

(i) If an applicant or recipient provides written	117718
documentation showing that the cost of a civil action brought to	117719
compel payments from the trust would be cost prohibitive, the	117720
trust shall not be counted as a resource available to the	117721
applicant or recipient.	117722

(5) Any actual payments to the applicant or recipient from a	117723
trust that meet the requirements of division (G)(1) of this	117724
section, including trusts that are not counted as a resource	117725
available to the applicant or recipient, shall be treated as	117726
provided in rules adopted ~~by the department of job and family~~	117727
~~services~~under section 5163.02 of the Revised Code governing	117728
income. Payments to any person other than the applicant or	117729
recipient shall not be considered income to the applicant or	117730
recipient. Payments from the trust to a person other than the	117731
applicant or recipient shall not be considered an improper	117732
disposition of assets.	117733

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	117734
that the state has an insurable interest in ~~medical assistance~~	117735
medicaid recipients because of the state's statutory right to	117736
recover from the estate of a recipient state funds used to provide	117737
the recipient with ~~medical care and~~medicaid services.	117738

(B) As used in this section:

117739

(1) "Beneficiary" means the person or entity designated in a	117740
life insurance policy to receive the proceeds of the policy on the	117741
death of the insured or maturity of the policy.	117742

(2) "Owner" means the person who has the right to designate	117743
the beneficiary of a life insurance policy and to change the	117744
designation.	117745

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	117746
The value of a life insurance policy that would otherwise be	117747
considered a resource in determining eligibility for the ~~medical~~	117748
~~assistance~~medicaid program shall be excluded from any	117749
determination of a person's eligibility for the ~~medical assistance~~	117750
medicaid program if the owner designates the department of ~~job and~~	117751
~~family services~~medicaid as beneficiary of the policy. The	117752
department may pay premiums to keep the policy in force. Premiums	117753
paid by the department are ~~medical assistance~~medicaid payments	117754
correctly paid on behalf of a ~~medical assistance~~medicaid	117755
recipient and subject to recovery under section ~~5111.11~~5162.21 of	117756
the Revised Code.	117757

(D) The medicaid director ~~of job and family services~~ shall	117758
deposit the proceeds of a life insurance policy that do not exceed	117759
the amount the department may recover against the property and	117760
estate of the owner under section ~~5111.11~~5162.21 of the Revised	117761
Code into the general revenue fund. The director shall pay any	117762
remaining proceeds to the person designated by the owner. If the	117763
owner failed to designate a person, the director shall pay the	117764
remaining proceeds to the surviving spouse, or, if there is no	117765
surviving spouse, to the estate of the owner.	117766

(E) If the owner designates the department of ~~job and family~~	117767
~~services~~medicaid as the policy's beneficiary, the department	117768
shall notify the owner that the owner may designate a person to	117769
receive proceeds of the policy that exceed the amount the	117770
department may recover against the owner's property and estate	117771
under section ~~5111.11~~5162.21 of the Revised Code. The designation	117772
shall be made on a form provided by the department.	117773

~~(F) The department of job and family services shall not~~	117774
~~implement this section if implementation would violate any federal~~	117775
~~requirement unless the department receives a waiver of the~~	117776
~~requirement from the United States department of health and human~~	117777
~~services.~~	117778

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

117779

(1) "Assets" include all of an individual's income and	117780
resources and those of the individual's spouse, including any	117781
income or resources the individual or spouse is entitled to but	117782
does not receive because of action by any of the following:	117783

(a) The individual or spouse;

117784

(b) A person or government entity, including a court or	117785
administrative agency, with legal authority to act in place of or	117786
on behalf of the individual or spouse;	117787

(c) A person or government entity, including a court or	117788
administrative agency, acting at the direction or on the request	117789
of the individual or spouse.	117790

(2) "Home and community-based services" means home and	117791
community-based services furnished under a medicaid waiver granted	117792
by the United States secretary of health and human services under	117793
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	117794
1396n(c) or (d).	117795

(3) "Institutionalized individual" means a resident of a	117796
nursing facility, an inpatient in a medical institution for whom a	117797
payment is made based on a level of care provided in a nursing	117798
facility, or an individual described in the "Social Security Act,"	117799
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	117800

(4) "Look-back date" means the date that is a number of	117801
months specified in rules adopted under section ~~5111.011~~5163.02	117802
of the Revised Code immediately before either of the following:	117803

(a) The date an individual becomes an institutionalized	117804
individual if the individual is eligible for medicaid on that	117805
date;	117806

(b) The date an individual applies for medicaid while an	117807
institutionalized individual.	117808

(5) ~~"Nursing facility" has the same meaning as in section~~	117809
~~5111.20 of the Revised Code.~~	117810

~~(6)~~ "Nursing facility equivalent services" means services	117811
that are covered by the medicaid program, equivalent to nursing	117812
facility services, provided by an institution that provides the	117813
same level of care as a nursing facility, and provided to an	117814
inpatient of the institution who is a medicaid recipient eligible	117815
for medicaid-covered nursing facility equivalent services.	117816

~~(7) "Nursing facility services" means nursing facility~~	117817
~~services covered by the medicaid program that a nursing facility~~	117818
~~provides to a resident of the nursing facility who is a medicaid~~	117819
~~recipient eligible for medicaid-covered nursing facility services.~~	117820

~~(8)~~(6) "Undue hardship" means being deprived of either of the	117821
following:	117822

(a) Medical care such that an individual's health or life is	117823
endangered;	117824

(b) Food, clothing, shelter, or other necessities of life.

117825

(B) Except as provided in division (C) of this section and	117826
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	117827
an institutionalized individual is ineligible for nursing facility	117828
services, nursing facility equivalent services, and home and	117829
community-based services if the individual or individual's spouse	117830
disposes of assets for less than fair market value on or after the	117831
look-back date. The institutionalized individual's ineligibility	117832
shall begin on a date determined in accordance with rules adopted	117833
under section ~~5111.011~~5163.02 of the Revised Code and shall	117834
continue for a number of months determined in accordance with such	117835
rules.	117836

(C) An institutionalized individual may be granted a waiver	117837
of all or a portion of the period of ineligibility to which the	117838
individual would otherwise be subjected under division (B) of this	117839
section if the ineligibility would cause an undue hardship for the	117840
individual. An institutionalized individual shall be granted a	117841
waiver of all or a portion of the period of ineligibility if the	117842
administrator of the nursing facility in which the individual	117843
resides has notified the individual of a proposed transfer or	117844
discharge under section 3721.16 of the Revised Code due to failure	117845
to pay for the care the nursing facility has provided to the	117846
individual, the individual or the individual's sponsor requests a	117847
hearing on the proposed transfer or discharge in accordance with	117848
section 3721.161 of the Revised Code, and the transfer or	117849
discharge is upheld by a final determination that is not subject	117850
to further appeal. Waivers shall be granted in accordance with	117851
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	117852

(D) To secure compliance with this section, the medicaid	117853
director ~~of job and family services~~ may require an individual, as	117854
a condition of initial or continued eligibility for medicaid, to	117855
provide documentation of the individual's assets up to five years	117856
before the date the individual becomes an institutionalized	117857
individual if the individual is eligible for medicaid on that date	117858
or the date the individual applies for medicaid while an	117859
institutionalized individual. Documentation may include tax	117860
returns, records from financial institutions, and real property	117861
records.	117862

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	117863
~~section 5111.0118 of the Revised Code:~~	117864

~~(1) "ICF/MR services" means intermediate care facility for~~	117865
~~the mentally retarded services covered by the medicaid program~~	117866
~~that an intermediate care facility for the mentally retarded~~	117867
~~provides to a resident of the facility who is a medicaid recipient~~	117868
~~eligible for medicaid-covered intermediate care facility for the~~	117869
~~mentally retarded services.~~	117870

~~(2) "Intermediate care facility for the mentally retarded"~~	117871
~~has the same meaning as in section 5111.20 of the Revised Code.~~	117872

~~(3) "Nursing facility" has the same meaning as in section~~	117873
~~5111.20 of the Revised Code.~~	117874

~~(4) "Nursing facility services" means nursing facility~~	117875
~~services covered by the medicaid program that a nursing facility~~	117876
~~provides to a resident of the nursing facility who is a medicaid~~	117877
~~recipient eligible for medicaid-covered nursing facility services.~~	117878

~~(5) "Other medicaid-funded long-term care services" has the~~	117879
~~meaning specified in rules adopted under section 5111.011 of the~~	117880
~~Revised Code.~~	117881

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	117882
for the purpose of determining whether an aged, blind, or disabled	117883
individual is eligible for nursing facility services, ~~ICF/MR~~	117884
ICF/IID services, or other medicaid-funded long-term care	117885
services, the medicaid director ~~of job and family services~~ may	117886
consider an aged, blind, or disabled individual's real property to	117887
not be the individual's homestead or principal place of residence	117888
once the individual has resided in a nursing facility,	117889
~~intermediate care facility for the mentally retarded~~ICF/IID, or	117890
other medical institution for at least thirteen months.	117891

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	117892
individual if any of the following reside in the individual's real	117893
property that, because of this division, continues to be	117894
considered the individual's homestead or principal place of	117895
residence:	117896

(1) The individual's spouse;

117897

(2) The individual's child if any of the following apply:

117898

(a) The child is under twenty-one years of age.

117899

(b) The child is considered blind or disabled under the	117900
"Social Security Act," section 1614, 42 U.S.C. 1382c.	117901

(c) The child is financially dependent on the individual for	117902
housing as determined in accordance with rules adopted under	117903
section ~~5111.011~~5163.02 of the Revised Code.	117904

(3) The individual's sibling if the sibling has a verified	117905
equity interest in the real property and resided in the real	117906
property for at least one year immediately before the date the	117907
individual was admitted to the nursing facility, ~~intermediate care~~	117908
~~facility for the mentally retarded~~ICF/IID, or other medical	117909
institution.	117910

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	117911
this section, no individual shall qualify for nursing facility	117912
services or other medicaid-funded long-term care services if the	117913
individual's equity interest in the individual's home exceeds five	117914
hundred thousand dollars. The medicaid director ~~of job and family~~	117915
~~services~~ shall increase this amount effective January 1, 2011, and	117916
the first day of each year thereafter, by the percentage increase	117917
in the consumer price index for all urban consumers (all items;	117918
United States city average), rounded to the nearest one thousand	117919
dollars.	117920

(B) This section does not apply to an individual if either of	117921
the following applies:	117922

(1) Either of the following lawfully reside in the	117923
individual's home:	117924

(a) The individual's spouse;

117925

(b) The individual's child if the child is under twenty-one	117926
years of age or, under the "Social Security Act," section 1614, 42	117927
U.S.C. 1382c, considered blind or disabled.	117928

(2) The individual qualifies, pursuant to the process	117929
established under division (C) of this section, for a waiver of	117930
this section due to a demonstrated hardship.	117931

(C) The director shall establish a process by which	117932
individuals may obtain a waiver of this section due to a	117933
demonstrated hardship. The process shall be consistent with the	117934
process for such waivers established by the United States	117935
secretary of health and human services under the "Social Security	117936
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	117937

(D) Nothing in this section shall be construed as preventing	117938
an individual from using a reverse mortgage or home equity loan to	117939
reduce the individual's total equity interest in the home.	117940

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	117941
~~facility" and "intermediate care facility for the mentally~~	117942
~~retarded" have the same meanings as in section 5111.20 of the~~	117943
~~Revised Code.~~	117944

(A) In determining the amount of income that a medicaid	117945
recipient ~~of medical assistance~~ must apply monthly toward payment	117946
of the cost of care in a nursing facility or ~~intermediate care~~	117947
~~facility for the mentally retarded~~ICF/IID, ~~the~~a county	117948
department of job and family services shall deduct from the	117949
recipient's monthly income a monthly personal needs allowance in	117950
accordance with ~~section 1902 of~~ the "Social Security Act," 49	117951
~~Stat. 620 (1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~	117952
1396a(q).	117953

~~For~~(B) In the case of a resident of a nursing facility, the	117954
monthly personal needs allowance shall be as follows:	117955

(1) Prior to January 1, 2014, not less than forty dollars for	117956
an individual resident and not less than eighty dollars for a	117957
married couple if both spouses are residents of a nursing facility	117958
and their incomes are considered available to each other in	117959
determining eligibility;	117960

(2) For calendar year 2014, not less than forty-five dollars	117961
for an individual resident and not less than ninety dollars for a	117962
married couple if both spouses are residents of a nursing facility	117963
and their incomes are considered available to each other in	117964
determining eligibility;	117965

(3) For calendar year 2015 and each calendar year thereafter,	117966
not less than fifty dollars for an individual resident and not	117967
less than one hundred dollars for a married couple if both spouses	117968
are residents of a nursing facility and their incomes are	117969
considered available to each other in determining eligibility.	117970

~~For~~(C) In the case of a resident of an ~~intermediate care~~	117971
~~facility for the mentally retarded~~ICF/IID, the monthly personal	117972
needs allowance shall be forty dollars unless the resident has	117973
earned income, in which case the monthly personal needs allowance	117974
shall be determined by the ~~state~~ department of ~~job and family~~	117975
~~services~~medicaid, or the department's designee, but shall not	117976
exceed one hundred five dollars.	117977

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	117978
~~assistance to pregnant women and young children who are eligible~~	117979
~~for medical assistance under division (C)(3) of section 5111.01 of~~	117980
~~the Revised Code, but who are not otherwise eligible for medical~~	117981
~~assistance under that section, shall be known as the healthy start~~	117982
~~program.~~	117983

~~(B)~~ The department of ~~job and family services~~medicaid shall	117984
do all of the following with regard to the application procedures	117985
for the healthy start component of the medicaid program:	117986

(1) Establish a short application form for the ~~program~~	117987
component that requires the applicant to provide no more	117988
information than is necessary for making determinations of	117989
eligibility for the ~~healthy start program~~component, except that	117990
the form may require applicants to provide their social security	117991
numbers. The form shall include a statement, which must be signed	117992
by the applicant, indicating that she does not choose at the time	117993
of making application for the ~~program~~component to apply for	117994
assistance provided under any other program administered by the	117995
department or the department of job and family services and that	117996
she understands that she is permitted at any other time to apply	117997
at the county department of job and family services of the county	117998
in which she resides for ~~any~~ other assistance administered by the	117999
department or the department of job and family services.	118000

(2) ~~To the extent permitted by federal law, do~~Do one or both	118001
of the following:	118002

(a) Distribute the application form for the ~~program~~component	118003
to each public or private entity that serves as a women, infants,	118004
and children clinic or as a child and family health clinic and to	118005
each administrative body for such clinics and train employees of	118006
each such ~~agency~~clinic or ~~entity~~administrative body to provide	118007
applicants assistance in completing the form;	118008

(b) In cooperation with the department of health, develop	118009
arrangements under which employees of county departments of job	118010
and family services are stationed at public or private ~~agencies or~~	118011
entities selected by the department of ~~job and family services~~	118012
medicaid that serve as women, infants, and children clinics; child	118013
and family health clinics; or administrative bodies for such	118014
clinics for the purpose both of assisting applicants for the	118015
~~program~~component in completing the application form and of making	118016
determinations at that location of eligibility for the ~~program~~	118017
component.	118018

(3) Establish performance standards by which a county	118019
department of job and family services' level of enrollment of	118020
persons potentially eligible for the ~~program~~component can be	118021
measured, and establish acceptable levels of enrollment for each	118022
county department.	118023

(4) Direct any county department of job and family services	118024
whose rate of enrollment of potentially eligible enrollees in the	118025
~~program~~component is below acceptable levels established under	118026
division ~~(B)~~(A)(3) of this section to implement corrective	118027
action. Corrective action may include but is not limited to any	118028
one or more of the following ~~to the extent permitted by federal~~	118029
~~law~~:	118030

(a) Establishing formal referral and outreach methods with	118031
local health departments and local entities receiving funding	118032
through the bureau of maternal and child health;	118033

(b) Designating a specialized intake unit within the county	118034
department for healthy start applicants;	118035

(c) Establishing abbreviated timeliness requirements to	118036
shorten the time between receipt of an application and the	118037
scheduling of an initial application interview;	118038

(d) Establishing a system for telephone scheduling of intake	118039
interviews for applicants;	118040

(e) Establishing procedures to minimize the time an applicant	118041
must spend in completing the application and eligibility	118042
determination process, including permitting applicants to complete	118043
the process at times other than the regular business hours of the	118044
county department and at locations other than the offices of the	118045
county department.	118046

~~(C) To the extent permitted by federal law, local funds,~~	118047
~~whether from public or private sources, expended by a county~~	118048
~~department for administration of the healthy start program shall~~	118049
~~be considered to have been expended by the state for the purpose~~	118050
~~of determining the extent to which the state has complied with any~~	118051
~~federal requirement that the state provide funds to match federal~~	118052
~~funds for medical assistance, except that this division shall not~~	118053
~~affect the amount of funds the county is entitled to receive under~~	118054
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	118055

~~(D)~~(B) A county department of job and family services that	118056
maintains offices at more than one location shall accept	118057
applications for the healthy start ~~program~~component at all of	118058
those locations.	118059

~~(E) The director of job and family services shall adopt rules~~	118060
~~in accordance with section 111.15 of the Revised Code as necessary~~	118061
~~to implement this section.~~	118062

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	118063
subject to division (A)(2) of this section, "state or local	118064
correctional facility" means any of the following:	118065

(a) A "state correctional institution," as defined in section	118066
2967.01 of the Revised Code;	118067

(b) A "local correctional facility," as defined in section	118068
2903.13 of the Revised Code;	118069

(c) A correctional facility that is privately operated and	118070
managed pursuant to section 9.06 of the Revised Code.	118071

(2) "State or local correctional facility" does not include	118072
any facility operated directly by or at the direction of the	118073
department of youth services.	118074

(B) If a person who is confined in a state or local	118075
correctional facility was a medicaid recipient immediately prior	118076
to being confined in the facility, all of the following apply:	118077

(1) The person's eligibility for medicaid while so confined	118078
shall be suspended due to the confinement.	118079

(2) No medicaid payment shall be made for any care, services,	118080
or supplies provided to the person during the suspension described	118081
in division (B)(1) of this section.	118082

(3) The suspension described in division (B)(1) of this	118083
section shall end upon the release of the person from the	118084
confinement.	118085

(4) Except as provided in division (C) of this section, the	118086
person shall not be required to reapply or undergo a	118087
redetermination of eligibility for medicaid when the suspension	118088
described in division (B)(1) of this section ends.	118089

(C) A person may be disenrolled from medicaid any time after	118090
the suspension described in division (B)(1) of this section ends	118091
if the person is no longer eligible for medicaid. A person may be	118092
required to undergo a redetermination of eligibility for medicaid	118093
any time after the suspension described in division (B)(1) of this	118094
section ends if it is time or past time for the person's	118095
eligibility redetermination or the person's circumstances have	118096
changed in a manner warranting a redetermination.	118097

~~(D) The department of job and family services shall take the~~	118098
~~steps necessary to begin implementation of this section not later~~	118099
~~than September 1, 2009.~~	118100

Sec. 5164.01. As used in this chapter:

118101

(A) "Early and periodic screening, diagnostic, and treatment	118102
services" has the same meaning as in the "Social Security Act,"	118103
section 1905(r), 42 U.S.C. 1396d(r).	118104

(B) "Federal financial participation" has the same meaning as	118105
in section 5160.01 of the Revised Code.	118106

(C) "Healthcheck" means the component of the medicaid program	118107
that provides early and periodic screening, diagnostic, and	118108
treatment services.	118109

(D) "Home and community-based services medicaid waiver	118110
component" has the same meaning as in section 5166.01 of the	118111
Revised Code.	118112

(E) "Hospital" has the same meaning as in section 3727.01 of	118113
the Revised Code.	118114

(F) "ICDS participant" means a dual eligible individual who	118115
participates in the integrated care delivery system.	118116

(G) "ICF/IID" has the same meaning as in section 5124.01 of	118117
the Revised Code.	118118

(H) "Integrated care delivery system" and "ICDS" mean the	118119
demonstration project authorized by section 5164.91 of the Revised	118120
Code.	118121

(I) "Mandatory services" means the health care services and	118122
items that must be covered by the medicaid state plan as a	118123
condition of the state receiving federal financial participation	118124
for the medicaid program.	118125

(J) "Medicaid managed care organization" has the same meaning	118126
as in section 5167.01 of the Revised Code.	118127

(K) "Medicaid provider" means a person or government entity	118128
with a valid provider agreement to provide medicaid services to	118129
medicaid recipients. To the extent appropriate in the context,	118130
"medicaid provider" includes a person or government entity	118131
applying for a provider agreement, a former medicaid provider, or	118132
both.	118133

(L) "Medicaid services" means either or both of the	118134
following:	118135

(1) Mandatory services;

118136

(2) Optional services that the medicaid program covers.

118137

(M) "Nursing facility" has the same meaning as in section	118138
5165.01 of the Revised Code.	118139

(N) "Optional services" means the health care services and	118140
items that may be covered by the medicaid state plan or a federal	118141
medicaid waiver and for which the medicaid program receives	118142
federal financial participation.	118143

(O) "Prescribed drug" has the same meaning as in 42 C.F.R.	118144
440.120.	118145

(P) "Provider agreement" means an agreement to which all of	118146
the following apply:	118147

(1) It is between a medicaid provider and the department of	118148
medicaid;	118149

(2) It provides for the medicaid provider to provide medicaid	118150
services to medicaid recipients;	118151

(3) It complies with 42 C.F.R. 431.107(b).

118152

(Q) "Terminal distributor of dangerous drugs" has the same	118153
meaning as in section 4729.01 of the Revised Code.	118154

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	118155
~~services shall adopt, and may amend or rescind, rules under~~	118156
medicaid director shall adopt rules as necessary to implement this	118157
chapter. The rules shall be adopted in accordance with Chapter	118158
119. of the Revised Code ~~establishing the amount, duration, and~~	118159
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	118160
~~federal and state law. The rules may be different for different~~	118161
~~medicaid services. The~~	118162

(B) The rules shall establish all of the following:

118163

~~(A) The conditions under which the medicaid program shall~~	118164
~~cover and reimburse medicaid services;~~	118165

~~(B) The method of reimbursement applicable to each medicaid~~	118166
~~service~~(1) The amount, duration, and scope of the medicaid	118167
services covered by the medicaid program;	118168

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	118169
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	118170
method by which ~~amounts are~~the payment amount is to be determined	118171
for each medicaid service;	118172

~~(D)~~(3) Procedures for enforcing the rules adopted under this	118173
section that provide due process protections, including procedures	118174
for corrective action plans for, and imposing financial and	118175
administrative sanctions on, persons and government entities that	118176
violate the rules.	118177

(C) The rules may be different for different medicaid	118178
services.	118179

(D) The medicaid director is not required to adopt a rule	118180
establishing the payment amount for a medicaid service if the	118181
director adopts a rule establishing the method by which the	118182
payment amount is to be determined for the medicaid service and	118183
makes the payment amount available on the internet web site	118184
maintained by the department of medicaid.	118185

Sec. 5164.03. (A) The medicaid program shall cover all	118186
mandatory services.	118187

(B) The medicaid program shall cover all of the optional	118188
services that state statutes require the medicaid program to	118189
cover.	118190

(C) The medicaid program may cover any of the optional	118191
services to which either of the following applies:	118192

(1) State statutes expressly permit the medicaid program to	118193
cover the optional service;	118194

(2) State statutes do not address whether the medicaid	118195
program may cover the optional service.	118196

(D) The medicaid program shall not cover any optional	118197
services that state statutes prohibit the medicaid program from	118198
covering.	118199

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

118200

(1) "Outpatient health facility" means a facility that	118201
provides comprehensive primary health services by or under the	118202
direction of a physician at least five days per week on a	118203
forty-hour per week basis to outpatients, is operated by the board	118204
of health of a city or general health district or another public	118205
agency or by a nonprofit private agency or organization under the	118206
direction and control of a governing board that has no	118207
health-related responsibilities other than the direction and	118208
control of one or more such outpatient health facilities, and	118209
receives at least seventy-five per cent of its operating funds	118210
from public sources, except that it does not include an outpatient	118211
hospital facility or a federally qualified health center as	118212
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	118213
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	118214
1396d(l)(2)(B).	118215

(2) "Comprehensive primary health services" means preventive,	118216
diagnostic, therapeutic, rehabilitative, or palliative items or	118217
services that include all of the following:	118218

(a) Services of physicians, physician assistants, and	118219
certified nurse practitioners;	118220

(b) Diagnostic laboratory and radiological services;

118221

(c) Preventive health services, such as children's eye and	118222
ear examinations, perinatal services, well child services, and	118223
family planning services;	118224

(d) Arrangements for emergency medical services;

118225

(e) Transportation services.

118226

(3) "Certified nurse practitioner" has the same meaning as in	118227
section 4723.01 of the Revised Code.	118228

(B) ~~Outpatient~~Subject to division (C) of this section, the	118229
medicaid program shall cover comprehensive primary health services	118230
provided by outpatient health facilities ~~are a separate category~~	118231
~~of medical care provider under the rules governing the~~	118232
~~administration of the medical assistance program established under~~	118233
~~section 5111.01 of the Revised Code~~with valid provider	118234
agreements. ~~Rates of reimbursement for items and services provided~~	118235
~~by an outpatient health facility under this section shall be~~	118236
~~prospectively determined by the~~The department of ~~job and family~~	118237
~~services~~medicaid shall prospectively determine the medicaid	118238
payment rates for such comprehensive primary health services not	118239
less often than once each year,. The rates shall not be subject to	118240
retroactive adjustment based on actual costs incurred~~, and~~. The	118241
rates shall not exceed the maximum fee schedule or rates of	118242
payment, limitations based on reasonable costs or customary	118243
charges, and limitations based on combined payments received for	118244
furnishing comparable services, as are applicable to outpatient	118245
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	118246
medicare program." In determining ~~rates of reimbursement~~an	118247
outpatient health facility's rate prospectively, the department	118248
shall take into account the historic expenses of the facility, the	118249
operating requirements and services offered by the facility, and	118250
the geographical location of the facility, shall provide	118251
incentives for the efficient and economical utilization of the	118252
facility's resources, and shall ensure that the facility does not	118253
discriminate between classes of persons for whom or by whom	118254
payment for ~~items and~~the services is made.	118255

(C) AAn outpatient health facility does not qualify for	118256
~~classification as an outpatient health facility~~medicaid payments	118257
under this section unless it:	118258

(1) Has health and medical care policies developed with the	118259
advice of and subject to review by an advisory committee of	118260
professional personnel, including one or more physicians, one or	118261
more dentists if dental care is provided, and one or more	118262
registered nurses;	118263

(2) Has a medical director, a dental director, if dental care	118264
is provided, and a nursing director responsible for the execution	118265
of such policies, and has physicians, dentists, nursing, and	118266
ancillary staff appropriate to the scope of services provided;	118267

(3) Requires that the care of every patient be under the	118268
supervision of a physician, provides for medical care in case of	118269
emergency, has in effect a written agreement with one or more	118270
hospitals and one or more other outpatient facilities, and has an	118271
established system for the referral of patients to other resources	118272
and a utilization review plan and program;	118273

(4) Maintains clinical records on all patients;

118274

(5) Provides nursing services and other therapeutic services	118275
in compliance with applicable laws and rules and under the	118276
supervision of a registered nurse, and has a registered nurse on	118277
duty at all times when the facility is in operation;	118278

(6) Follows approved methods and procedures for the	118279
dispensing and administration of drugs and biologicals;	118280

(7) Maintains the accounting and record-keeping system	118281
required under federal laws and regulations for the determination	118282
of reasonable and allowable costs.	118283

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	118284
occupational therapy services provided by an occupational	118285
therapist licensed under section 4755.08 of the Revised Code.	118286
Coverage shall not be limited to services provided in a hospital	118287
or nursing facility. Any licensed occupational therapist may enter	118288
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	118289
~~family services~~medicaid to provide occupational therapy services	118290
under the medicaid program.	118291

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	118292
~~assistance under this chapter~~medicaid program shall include	118293
coverage of inpatient care and follow-up care for a mother and her	118294
newborn as follows:	118295

(1) The ~~medical assistance~~ medicaid program shall cover a	118296
minimum of forty-eight hours of inpatient care following a normal	118297
vaginal delivery and a minimum of ninety-six hours of inpatient	118298
care following a cesarean delivery. Services covered as inpatient	118299
care shall include medical, educational, and any other services	118300
that are consistent with the inpatient care recommended in the	118301
protocols and guidelines developed by national organizations that	118302
represent pediatric, obstetric, and nursing professionals.	118303

(2) The ~~medical assistance~~medicaid program shall cover a	118304
physician-directed source of follow-up care. Services covered as	118305
follow-up care shall include physical assessment of the mother and	118306
newborn, parent education, assistance and training in breast or	118307
bottle feeding, assessment of the home support system, performance	118308
of any medically necessary and appropriate clinical tests, and any	118309
other services that are consistent with the follow-up care	118310
recommended in the protocols and guidelines developed by national	118311
organizations that represent pediatric, obstetric, and nursing	118312
professionals. The coverage shall apply to services provided in a	118313
medical setting or through home health care visits. The coverage	118314
shall apply to a home health care visit only if the health care	118315
professional who conducts the visit is knowledgeable and	118316
experienced in maternity and newborn care.	118317

When a decision is made in accordance with division (B) of	118318
this section to discharge a mother or newborn prior to the	118319
expiration of the applicable number of hours of inpatient care	118320
required to be covered, the coverage of follow-up care shall apply	118321
to all follow-up care that is provided within forty-eight hours	118322
after discharge. When a mother or newborn receives at least the	118323
number of hours of inpatient care required to be covered, the	118324
coverage of follow-up care shall apply to follow-up care that is	118325
determined to be medically necessary by the health care	118326
professionals responsible for discharging the mother or newborn.	118327

(B) Any decision to shorten the length of inpatient stay to	118328
less than that specified under division (A)(1) of this section	118329
shall be made by the physician attending the mother or newborn,	118330
except that if a nurse-midwife is attending the mother in	118331
collaboration with a physician, the decision may be made by the	118332
nurse-midwife. Decisions regarding early discharge shall be made	118333
only after conferring with the mother or a person responsible for	118334
the mother or newborn. For purposes of this division, a person	118335
responsible for the mother or newborn may include a parent,	118336
guardian, or any other person with authority to make medical	118337
decisions for the mother or newborn.	118338

(C) The department of ~~job and family services~~medicaid, in	118339
administering the ~~medical assistance~~medicaid program, may not do	118340
either of the following:	118341

(1) Terminate the ~~participation~~provider agreement of a	118342
health care professional or health care facility ~~as a provider~~	118343
~~under the program~~ solely for making recommendations for inpatient	118344
or follow-up care for a particular mother or newborn that are	118345
consistent with the care required to be covered by this section;	118346

(2) Establish or offer monetary or other financial incentives	118347
for the purpose of encouraging a person to decline the inpatient	118348
or follow-up care required to be covered by this section.	118349

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

118350

(1) Require the ~~medical assistance~~medicaid program to cover	118351
inpatient or follow-up care that is not received in accordance	118352
with the program's terms pertaining to the health care	118353
professionals and facilities from which ~~an individual~~a medicaid	118354
recipient is authorized to receive health care services.	118355

(2) Require a mother or newborn to stay in a hospital or	118356
other inpatient setting for a fixed period of time following	118357
delivery;	118358

(3) Require a child to be delivered in a hospital or other	118359
inpatient setting;	118360

(4) Authorize a nurse-midwife to practice beyond the	118361
authority to practice nurse-midwifery in accordance with Chapter	118362
4723. of the Revised Code;	118363

(5) Establish minimum standards of medical diagnosis, care,	118364
or treatment for inpatient or follow-up care for a mother or	118365
newborn. A deviation from the care required to be covered under	118366
this section shall not, on the basis of this section, give rise to	118367
a medical claim or derivative medical claim, as those terms are	118368
defined in section 2305.113 of the Revised Code.	118369

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	118370
"screening mammography" means a radiologic examination utilized to	118371
detect unsuspected breast cancer at an early stage in asymptomatic	118372
women and includes the x-ray examination of the breast using	118373
equipment that is dedicated specifically for mammography,	118374
including the x-ray tube, filter, compression device, screens,	118375
film, and cassettes, and that has an average radiation exposure	118376
delivery of less than one rad mid-breast. "Screening mammography"	118377
includes two views for each breast. The term also includes the	118378
professional interpretation of the film.	118379

"Screening mammography" does not include diagnostic	118380
mammography.	118381

(B) ~~In addition to any other services required to be included~~	118382
~~in the program or for which federal approval is received, the~~	118383
~~medical assistance~~The medicaid program shall ~~include~~cover both	118384
of the following ~~if approval for use of federal funds is granted~~	118385
~~to the department by the federal agency responsible for~~	118386
~~distributing funds under Title XIX of the "Social Security Act,"~~	118387
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	118388

(1) ~~Effective July 1, 1993, screening~~Screening mammography	118389
to detect the presence of breast cancer in adult women;	118390

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	118391
for the presence of cervical cancer.	118392

(C) The ~~service provided under~~medicaid program's coverage of	118393
screening mammography pursuant to division (B)(1) of this section	118394
shall be provided in accordance with all of the following:	118395

(1) If a woman is at least thirty-five years of age but under	118396
forty years of age, one screening mammography;	118397

(2) If a woman is at least forty years of age but under fifty	118398
years of age, either of the following:	118399

(a) One screening mammography every two years;

118400

(b) If a licensed physician has determined that the woman has	118401
risk factors to breast cancer, one screening mammography every	118402
year.	118403

(3) If a woman is at least fifty years of age but under	118404
sixty-five years of age, one screening mammography every year.	118405

(D) The ~~service provided under~~medicaid program's coverage of	118406
screening mammographies pursuant to division (B)(1) of this	118407
section shall be provided only for screening mammographies that	118408
are performed in a facility or mobile mammography screening unit	118409
that is accredited under the American college of radiology	118410
mammography accreditation program or in a hospital as defined in	118411
section 3727.01 of the Revised Code.	118412

(E) The ~~service provided under~~medicaid program's coverage of	118413
cytologic screenings pursuant to division (B)(2) of this section	118414
shall be provided only for cytologic screenings that are processed	118415
and interpreted in a laboratory certified by the college of	118416
American pathologists or in a hospital as defined in section	118417
3727.01 of the Revised Code.	118418

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

118419

(1) "Community mental health ~~agency~~services provider or	118420
facility" means a community mental health ~~agency~~services provider	118421
or facility that has its community mental health services	118422
certified by the department of ~~mental health~~mental health and	118423
addiction services under section ~~5119.611~~5119.36 of the Revised	118424
Code or by the department of job and family services under section	118425
5103.03 of the Revised Code.	118426

(2) "Mental health professional" means a person qualified to	118427
work with mentally ill persons under the standards established by	118428
the director of ~~mental health~~mental health and addiction services	118429
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	118430

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	118431
cover the following mental health services when provided by	118432
community mental health ~~agencies~~services providers or facilities:	118433

(1) Outpatient mental health services, including, but not	118434
limited to, preventive, diagnostic, therapeutic, rehabilitative,	118435
and palliative interventions rendered to individuals in an	118436
individual or group setting by a mental health professional in	118437
accordance with a plan of treatment appropriately established,	118438
monitored, and reviewed;	118439

(2) Partial-hospitalization mental health services rendered	118440
by persons directly supervised by a mental health professional;	118441

(3) Unscheduled, emergency mental health services of a kind	118442
ordinarily provided to persons in crisis when rendered by persons	118443
supervised by a mental health professional;	118444

(4) ~~Subject to receipt of federal approval, assertive~~	118445
Assertive community treatment and intensive home-based mental	118446
health services.	118447

(C) The department of ~~job and family services~~medicaid shall	118448
enter into a separate contract with the department of ~~mental~~	118449
~~health~~mental health and addiction services under section ~~5111.91~~	118450
5162.35 of the Revised Code with regard to the ~~component of~~mental	118451
health services the medicaid program ~~provided for by~~covers	118452
pursuant to this section.	118453

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	118454
~~prescription drug services to medicaid recipients, the~~The	118455
medicaid program shall not ~~provide reimbursement for prescription~~	118456
cover prescribed drugs for treatment of erectile dysfunction.	118457

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	118458
disabilities and ~~job and family services~~medicaid may approve,	118459
reduce, deny, or terminate a medicaid service included in the	118460
individualized service plan developed for a medicaid recipient	118461
with mental retardation or other developmental disability who is	118462
eligible for medicaid case management services. If either	118463
department approves, reduces, denies, or terminates a service,	118464
that department shall timely notify the medicaid recipient that	118465
the recipient may ~~request a hearing under~~appeal pursuant to	118466
section ~~5101.35~~5160.31 of the Revised Code.	118467

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	118468
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	118469
~~Revised Code.~~	118470

~~(B)~~ The department of ~~job and family services~~medicaid shall	118471
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	118472
~~establishing~~establish a combination of written and oral methods	118473
designed to provide information about healthcheck to all persons	118474
eligible for the program or their parents or guardians. The	118475
department shall ensure that its methods of providing information	118476
are effective. ~~The methods shall comply with federal law and~~	118477
~~regulations.~~	118478

Each ~~county department of job and family services or other~~	118479
entity that distributes or accepts applications for ~~medical~~	118480
~~assistance~~medicaid shall prominently display a notice that	118481
complies with the ~~rules adopted~~methods of providing information	118482
about healthcheck established under this ~~division~~section.	118483

Sec. 5164.30. No person or government entity may participate	118484
in the medicaid program as a medicaid provider without a valid	118485
provider agreement with the department of medicaid.	118486

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	118487
practice" has the same meaning as in section 4731.65 of the	118488
Revised Code.	118489

(B) The department of ~~job and family services~~medicaid shall	118490
establish a process by which a physician assistant may enter into	118491
a ~~medicaid~~ provider agreement.	118492

(C)(1) Subject to division (C)(2) of this section, a claim	118493
for ~~reimbursement~~medicaid payment for a medicaid service provided	118494
by a physician assistant to a medicaid recipient may be submitted	118495
by the physician assistant who provided the service or the	118496
physician, group practice, clinic, or other health care facility	118497
that employs the physician assistant.	118498

(2) A claim for ~~reimbursement~~medicaid payment may be	118499
submitted by the physician assistant who provided the service only	118500
if the physician assistant has a valid provider agreement. When	118501
submitting the claim, the physician assistant shall use only the	118502
medicaid provider number the department has assigned to the	118503
physician assistant.	118504

~~(D) The director of job and family services may adopt rules~~	118505
~~under section 5111.02 of the Revised Code to implement this~~	118506
~~section.~~	118507

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	118508
necessary to pay the expenses of implementing the provider	118509
screening requirements of subpart E of 42 C.F.R. Part 455 and	118510
except as provided in division (B) of this section, the department	118511
of ~~job and family services~~medicaid shall ~~charge~~collect an	118512
application fee tofrom a medicaid provider ~~seeking to enter into~~	118513
~~or renew a medicaid provider agreement, unless the provider is~~	118514
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	118515
before doing any of the following:	118516

(1) Entering into a provider agreement with a medicaid	118517
provider that seeks initial enrollment as a provider;	118518

(2) Entering into a provider agreement with a former medicaid	118519
provider that seeks re-enrollment as a provider;	118520

(3) Revalidating a medicaid provider's continued enrollment	118521
as a provider. ~~The~~	118522

(B) The department is not to collect an application fee from	118523
a medicaid provider that is exempt from paying the fee under 42	118524
C.F.R. 455.460(a).	118525

(C) The application fees shall be deposited into the health	118526
care services administration fund created under section ~~5111.94~~	118527
5162.54 of the Revised Code. Application fees are nonrefundable	118528
when collected in accordance with 42 C.F.R. 455.460(a).	118529

(D) The medicaid director ~~of job and family services~~ shall	118530
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118531
of the Revised Code as necessary to implement this section,	118532
including a rule establishing the amount of the application fee	118533
~~that is charged~~to be collected under this section. The amount of	118534
the application fee shall not be set at an amount that is more	118535
than necessary to pay for the expenses of implementing the	118536
provider screening requirements.	118537

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	118538
~~the Revised Code, the director of job and family services shall~~	118539
~~adopt rules establishing procedures for the use of time-limited~~	118540
~~provider agreements under the medicaid program. Except as provided~~	118541
~~in division (E) of this section, all provider agreements shall be~~	118542
~~time-limited in accordance with the procedures established in the~~	118543
~~rules.~~	118544

~~The department of job and family services shall phase-in the~~	118545
~~use of time-limited provider agreements pursuant to this section~~	118546
~~during a period commencing not later than January 1, 2008, and~~	118547
~~ending January 1, 2015.~~	118548

~~(B) In the use of time-limited provider agreements pursuant~~	118549
~~to this section, all of the following apply:~~	118550

~~(1)~~ Each medicaid provider agreement shall expire not later	118551
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	118552
~~agreement.~~	118553

~~(2) During the phase-in period specified in division (A) of~~	118554
~~this section, the department may provide for the conversion of~~. If	118555
a provider agreement ~~without a time limit~~entered into before the	118556
effective date of this amendment does not have a time limit, the	118557
department of medicaid shall convert the agreement to a provider	118558
agreement with a time limit. ~~The department may take an action to~~	118559
~~convert the provider agreement by sending a notice by regular mail~~	118560
~~to the address of the provider on record with the department~~	118561
~~advising the provider of the conversion.~~	118562

~~(3) The department may make the effective date of a provider~~	118563
~~agreement retroactive for a period not to exceed one year from the~~	118564
~~date of the provider's application for the agreement, as long as~~	118565
~~the provider met all medicaid program requirements during that~~	118566
~~period.~~	118567

~~(C)~~(B) The medicaid director shall adopt rules under section	118568
5164.02 of the Revised Code as necessary to implement this	118569
section. The rules ~~for use of time-limited provider agreements~~	118570
~~pursuant to this section~~ shall be consistent with subpart E of 42	118571
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	118572
~~providers~~revalidating medicaid providers' continued enrollments	118573
as providers. All of the following apply to the ~~re-enrollment~~	118574
revalidation process:	118575

(1) The department ~~of job and family services may terminate a~~	118576
~~time-limited provider agreement or deny re-enrollment~~shall refuse	118577
to revalidate a provider's provider agreement when athe provider	118578
fails to file ana complete application for ~~re-enrollment~~	118579
revalidation within the time and in the manner required under the	118580
~~re-enrollment~~revalidation process.	118581

(2) If a provider files ana complete application for	118582
~~re-enrollment~~revalidation within the time and in the manner	118583
required under the ~~re-enrollment~~revalidation process, but the	118584
provider agreement expires before the department acts on the	118585
application or before the effective date of the department's	118586
decision on the application, the provider, subject to division	118587
(B)(3) of this section, may continue operating under the terms of	118588
the expired provider agreement until the effective date of the	118589
department's decision.	118590

(3) ~~A decision by the department to approve an application~~	118591
~~for re-enrollment becomes effective on the date of the~~	118592
~~department's decision. A decision by the department to deny~~	118593
~~re-enrollment shall take effect not sooner than thirty days after~~	118594
~~the date the department mails written notice of the decision to~~	118595
~~the provider. The department shall specify in the notice the date~~	118596
~~on which the provider is required to cease operating under the~~	118597
~~provider agreement~~If a provider continues operating under the	118598
terms of an expired provider agreement pursuant to division (B)(2)	118599
of this section and the department denies the provider's	118600
application for revalidation, medicaid payments shall not be made	118601
for services or items the provider provides during the period	118602
beginning on the date the provider agreement expired and ending on	118603
the effective date of a subsequent provider agreement, if any, the	118604
department enters into with the provider.	118605

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	118606
~~department is not required to take the actions specified in~~	118607
~~division (C)(1) of this section by issuing an order pursuant to an~~	118608
~~adjudication conducted in accordance with Chapter 119. of the~~	118609
~~Revised Code.~~	118610

~~(E) The use of time-limited provider agreements pursuant to~~	118611
~~this section does not apply to provider agreements issued to the~~	118612
~~following, including any provider agreements issued to the~~	118613
~~following that are otherwise time-limited under the medicaid~~	118614
~~program:~~	118615

~~(1) A managed care organization under contract with the~~	118616
~~department pursuant to section 5111.17 of the Revised Code;~~	118617

~~(2) A nursing facility, as defined in section 5111.20 of the~~	118618
~~Revised Code;~~	118619

~~(3) An intermediate care facility for the mentally retarded,~~	118620
~~as defined in section 5111.20 of the Revised Code;~~	118621

~~(4) A hospital.~~

118622

Sec. 5164.33. (A) The medicaid director may do the following	118623
for any reason permitted or required by federal law and when the	118624
director determines that the action is in the best interests of	118625
medicaid recipients or the state:	118626

(1) Deny, refuse to revalidate, suspend, or terminate a	118627
provider agreement;	118628

(2) Exclude an individual, provider of services or goods, or	118629
other entity from participation in the medicaid program.	118630

(B) No individual, provider, or entity excluded from	118631
participation in the medicaid program under this section shall do	118632
any of the following:	118633

(1) Own, or provide services to, any other medicaid provider	118634
or risk contractor;	118635

(2) Arrange for, render, or order services for medicaid	118636
recipients during the period of exclusion;	118637

(3) During the period of exclusion, receive direct payments	118638
under the medicaid program or indirect payments of medicaid funds	118639
in the form of salary, shared fees, contracts, kickbacks, or	118640
rebates from or through any other medicaid provider or risk	118641
contractor.	118642

(C) An individual, provider, or entity excluded from	118643
participation in the medicaid program under this section may	118644
request a reconsideration of the exclusion. The director shall	118645
adopt rules under section 5164.02 of the Revised Code governing	118646
the process for requesting a reconsideration.	118647

(D) Nothing in this section limits the applicability of	118648
section 5164.38 of the Revised Code to a medicaid provider.	118649

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

118650

(1) "Criminal records check" has the same meaning as in	118651
section 109.572 of the Revised Code.	118652

(2) "Disqualifying offense" means any of the offenses listed	118653
or described in divisions (A)(3)(a) to (e) of section 109.572 of	118654
the Revised Code.	118655

(3) "Owner" means a person who has an ownership interest in a	118656
medicaid provider ~~or applicant to be a provider~~ in an amount	118657
designated in rules ~~adopted under~~authorized by this section.	118658

(4) "Person subject to the criminal records check	118659
requirement" means the following:	118660

(a) A medicaid provider ~~or applicant to be a provider~~ who is	118661
notified under division (E)(1) of this section that the provider	118662
~~or applicant~~ is subject to a criminal records check;	118663

(b) An owner or prospective owner, officer or prospective	118664
officer, or board member or prospective board member of a medicaid	118665
provider ~~or applicant to be a provider~~ if, pursuant to division	118666
(E)(1)(a) of this section, the owner or prospective owner, officer	118667
or prospective officer, or board member or prospective board	118668
member is specified in information given to the provider or	118669
~~applicant~~ under division (E)(1) of this section;	118670

(c) An employee or prospective employee of a medicaid	118671
provider ~~or applicant to be a provider~~ if both of the following	118672
apply:	118673

(i) The employee or prospective employee is specified,	118674
pursuant to division (E)(1)(b) of this section, in information	118675
given to the provider ~~or applicant~~ under division (E)(1) of this	118676
section.	118677

(ii) The provider ~~or applicant~~ is not prohibited by division	118678
(D)(3)(b) of this section from employing the employee or	118679
prospective employee.	118680

(5) ~~"Provider" means a person, institution, or entity that~~	118681
~~has a medicaid provider agreement with the department of job and~~	118682
~~family services.~~	118683

~~(6)~~ "Responsible entity" means the following:

118684

(a) With respect to a criminal records check required under	118685
this section for a medicaid provider ~~or applicant to be a~~	118686
~~provider~~, the department of ~~job and family services~~medicaid or	118687
the department's designee;	118688

(b) With respect to a criminal records check required under	118689
this section for an owner or prospective owner, officer or	118690
prospective officer, board member or prospective board member, or	118691
employee or prospective employee of a medicaid provider or	118692
~~applicant to be a provider~~, the provider ~~or applicant~~.	118693

(B) This section does not apply to any individual who is	118694
subject to a criminal records check under section 3712.09,	118695
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	118696
Revised Code or any individual who is subject to a database review	118697
or criminal records check under section ~~173.394~~173.38, 3701.881,	118698
or ~~5111.033~~5164.342 of the Revised Code.	118699

(C) The department of ~~job and family services~~medicaid may do	118700
any of the following:	118701

(1) Require that any medicaid provider ~~or applicant to be a~~	118702
~~provider~~ submit to a criminal records check as a condition of	118703
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	118704

(2) Require that any medicaid provider ~~or applicant to be a~~	118705
~~provider~~ require an owner or prospective owner, officer or	118706
prospective officer, or board member or prospective board member	118707
of the provider ~~or applicant~~ submit to a criminal records check as	118708
a condition of being an owner, officer, or board member of the	118709
provider ~~or applicant~~;	118710

(3) Require that any medicaid provider ~~or applicant to be a~~	118711
~~provider~~ do the following:	118712

(a) If so required by rules ~~adopted under~~authorized by this	118713
section, determine pursuant to a database review conducted under	118714
division (F)(1)(a) of this section whether any employee or	118715
prospective employee of the provider ~~or applicant~~ is included in a	118716
database;	118717

(b) Unless the provider ~~or applicant~~ is prohibited by	118718
division (D)(3)(b) of this section from employing the employee or	118719
prospective employee, require the employee or prospective employee	118720
to submit to a criminal records check as a condition of being an	118721
employee of the provider ~~or applicant~~.	118722

(D)(1) The department or the department's designee shall deny	118723
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	118724
~~deny an applicant's application for a medicaid provider agreement~~	118725
if the provider ~~or applicant~~ is a person subject to the criminal	118726
records check requirement and either of the following applies:	118727

(a) The provider ~~or applicant~~ fails to obtain the criminal	118728
records check after being given the information specified in	118729
division (G)(1) of this section.	118730

(b) Except as provided in rules ~~adopted under~~authorized by	118731
this section, the provider ~~or applicant~~ is found by the criminal	118732
records check to have been convicted of,or have pleaded guilty	118733
to~~, or been found eligible for intervention in lieu of conviction~~	118734
~~for~~ a disqualifying offense, regardless of the date of the	118735
conviction,or the date of entry of the guilty plea~~, or the date~~	118736
~~the applicant or provider was found eligible for intervention in~~	118737
~~lieu of conviction~~.	118738

(2) No medicaid provider ~~or applicant to be a provider~~ shall	118739
permit a person to be an owner, officer, or board member of the	118740
provider ~~or applicant~~ if the person is a person subject to the	118741
criminal records check requirement and either of the following	118742
applies:	118743

(a) The person fails to obtain the criminal records check	118744
after being given the information specified in division (G)(1) of	118745
this section.	118746

(b) Except as provided in rules ~~adopted under~~authorized by	118747
this section, the person is found by the criminal records check to	118748
have been convicted of,or have pleaded guilty to~~, or been found~~	118749
~~eligible for intervention in lieu of conviction for~~ a	118750
disqualifying offense, regardless of the date of the conviction,	118751
or the date of entry of the guilty plea~~, or the date the person~~	118752
~~was found eligible for intervention in lieu of conviction~~.	118753

(3) No medicaid provider ~~or applicant to be a provider~~ shall	118754
employ a person if any of the following apply:	118755

(a) The person has been excluded from ~~providing services or~~	118756
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	118757
~~program operated pursuant to Title XVIII of the "Social Security~~	118758
~~Act~~provider," or provider for any other federal health care	118759
program.	118760

(b) If the person is subject to a database review conducted	118761
under division (F)(1)(a) of this section, the person is found by	118762
the database review to be included in a database and the rules	118763
~~adopted under~~authorized by this section regarding the database	118764
review prohibit the provider ~~or applicant~~ from employing a person	118765
included in the database.	118766

(c) If the person is a person subject to the criminal records	118767
check requirement, either of the following applies:	118768

(i) The person fails to obtain the criminal records check	118769
after being given the information specified in division (G)(1) of	118770
this section.	118771

(ii) Except as provided in rules ~~adopted under~~authorized by	118772
this section, the person is found by the criminal records check to	118773
have been convicted of,or have pleaded guilty to~~, or been found~~	118774
~~eligible for intervention in lieu of conviction for~~ a	118775
disqualifying offense, regardless of the date of the conviction,	118776
or the date of entry of the guilty plea~~, or the date the person~~	118777
~~was found eligible for intervention in lieu of conviction~~.	118778

(E)(1) The department or the department's designee shall	118779
inform each medicaid provider ~~or applicant to be a provider~~	118780
whether the provider ~~or applicant~~ is subject to a criminal records	118781
check. For providers with valid provider agreements, the	118782
information shall be given at times designated in rules ~~adopted~~	118783
~~under~~authorized by this section. For ~~applicants~~providers	118784
applying to be medicaid providers, the information shall be given	118785
at the time of initial application. When the information is given,	118786
the department or the department's designee shall specify the	118787
following:	118788

(a) Which of the provider's ~~or applicant's~~ owners or	118789
prospective owners, officers or prospective officers, or board	118790
members or prospective board members are subject to a criminal	118791
records check;	118792

(b) Which of the provider's ~~or applicant's~~ employees or	118793
prospective employees are subject to division (C)(3) of this	118794
section.	118795

(2) At times designated in rules ~~adopted under~~authorized by	118796
this section, a medicaid provider ~~or applicant to be a provider~~	118797
that is a person subject to the criminal records check requirement	118798
shall do the following:	118799

(a) Inform each person specified under division (E)(1)(a) of	118800
this section that the person is required to submit to a criminal	118801
records check as a condition of being an owner, officer, or board	118802
member of the provider ~~or applicant~~;	118803

(b) Inform each person specified under division (E)(1)(b) of	118804
this section that the person is subject to division (C)(3) of this	118805
section.	118806

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	118807
is a person subject to the criminal records check requirement, the	118808
department or the department's designee shall require the conduct	118809
of a criminal records check by the superintendent of the bureau of	118810
criminal identification and investigation. A medicaid provider or	118811
~~applicant to be a provider~~ shall require the conduct of a criminal	118812
records check by the superintendent with respect to each of the	118813
persons specified under division (E)(1)(a) of this section. With	118814
respect to each employee and prospective employee specified under	118815
division (E)(1)(b) of this section, a medicaid provider or	118816
~~applicant to be a provider~~ shall do the following:	118817

(a) If rules ~~adopted under~~authorized by this section require	118818
the provider ~~or applicant~~ to conduct a database review to	118819
determine whether the employee or prospective employee is included	118820
in a database, conduct the database review in accordance with the	118821
rules;	118822

(b) Unless the provider ~~or applicant~~ is prohibited by	118823
division (D)(3)(b) of this section from employing the employee or	118824
prospective employee, require the conduct of a criminal records	118825
check of the employee or prospective employee by the	118826
superintendent.	118827

(2) If a person subject to the criminal records check	118828
requirement does not present proof of having been a resident of	118829
this state for the five-year period immediately prior to the date	118830
the criminal records check is requested or provide evidence that	118831
within that five-year period the superintendent has requested	118832
information about the person from the federal bureau of	118833
investigation in a criminal records check, the responsible entity	118834
shall require the person to request that the superintendent obtain	118835
information from the federal bureau of investigation as part of	118836
the criminal records check of the person. Even if the person	118837
presents proof of having been a resident of this state for the	118838
five-year period, the responsible entity may require that the	118839
person request that the superintendent obtain information from the	118840
federal bureau of investigation and include it in the criminal	118841
records check of the person.	118842

(G) Criminal records checks required by this section shall be	118843
obtained as follows:	118844

(1) The responsible entity shall provide each person subject	118845
to the criminal records check requirement information about	118846
accessing and completing the form prescribed pursuant to division	118847
(C)(1) of section 109.572 of the Revised Code and the standard	118848
impression sheet prescribed pursuant to division (C)(2) of that	118849
section.	118850

(2) The person subject to the criminal records check	118851
requirement shall submit the required form and one complete set of	118852
the person's fingerprint impressions directly to the	118853
superintendent for purposes of conducting the criminal records	118854
check using the applicable methods prescribed by division (C) of	118855
section 109.572 of the Revised Code. The person shall pay all fees	118856
associated with obtaining the criminal records check.	118857

(3) The superintendent shall conduct the criminal records	118858
check in accordance with section 109.572 of the Revised Code. The	118859
person subject to the criminal records check requirement shall	118860
instruct the superintendent to submit the report of the criminal	118861
records check directly to the responsible entity. If the	118862
department or the department's designee is not the responsible	118863
entity, the department or designee may require the responsible	118864
entity to submit the report to the department or designee.	118865

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	118866
employ conditionally a person for whom a criminal records check is	118867
required by this section prior to obtaining the results of the	118868
criminal records check if both of the following apply:	118869

(a) The provider ~~or applicant~~ is not prohibited by division	118870
(D)(3)(b) of this section from employing the person.	118871

(b) The person submits a request for the criminal records	118872
check not later than five business days after the person begins	118873
conditional employment.	118874

(2) A medicaid provider ~~or applicant to be a provider~~ that	118875
employs a person conditionally under division (H)(1) of this	118876
section shall terminate the person's employment if the results of	118877
the criminal records check request are not obtained within the	118878
period ending sixty days after the date the request is made.	118879
Regardless of when the results of the criminal records check are	118880
obtained, if the results indicate that the person has been	118881
convicted of,or has pleaded guilty to~~, or has been found eligible~~	118882
~~for intervention in lieu of conviction for~~ a disqualifying	118883
offense, the provider ~~or applicant~~ shall terminate the person's	118884
employment unless circumstances specified in rules ~~adopted under~~	118885
authorized by this section exist that permit the provider or	118886
~~applicant~~ to employ the person and the provider ~~or applicant~~	118887
chooses to employ the person.	118888

(I) The report of a criminal records check conducted pursuant	118889
to this section is not a public record for the purposes of section	118890
149.43 of the Revised Code and shall not be made available to any	118891
person other than the following:	118892

(1) The person who is the subject of the criminal records	118893
check or the person's representative;	118894

(2) The medicaid director ~~of job and family services~~ and the	118895
staff of the department who are involved in the administration of	118896
the medicaid program;	118897

(3) The department's designee;

118898

(4) The medicaid provider ~~or applicant to be a provider~~ who	118899
required the person who is the subject of the criminal records	118900
check to submit to the criminal records check;	118901

(5) An individual receiving or deciding whether to receive,	118902
from the subject of the criminal records check, home and	118903
community-based services available under the medicaid state plan;	118904

(6) A court, hearing officer, or other necessary individual	118905
involved in a case dealing with any of the following:	118906

(a) The denial or termination of a ~~medicaid~~ provider	118907
agreement;	118908

(b) A person's denial of employment, termination of	118909
employment, or employment or unemployment benefits;	118910

(c) A civil or criminal action regarding the medicaid	118911
program.	118912

(J) The medicaid director ~~of job and family services~~ may	118913
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118914
of the Revised Code to implement this section. If the director	118915
adopts such rules, the rules shall designate the times at which a	118916
criminal records check must be conducted under this section. The	118917
rules may do any of the following:	118918

(1) Designate the categories of persons who are subject to a	118919
criminal records check under this section;	118920

(2) Specify circumstances under which the department or the	118921
department's designee may continue a ~~medicaid~~ provider agreement	118922
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	118923
medicaid provider ~~or applicant~~ is found by a criminal records	118924
check to have been convicted of, pleaded guilty to, or been found	118925
eligible for intervention in lieu of conviction for a	118926
disqualifying offense;	118927

(3) Specify circumstances under which a medicaid provider or	118928
~~applicant to be a provider~~ may permit a person to be an employee,	118929
owner, officer, or board member of the provider ~~or applicant,~~ when	118930
the person is found by a criminal records check conducted pursuant	118931
to this section to have been convicted of,or have pleaded guilty	118932
to~~, or been found eligible for intervention in lieu of conviction~~	118933
~~for~~ a disqualifying offense;	118934

(4) Specify all of the following:

118935

(a) The circumstances under which a database review must be	118936
conducted under division (F)(1)(a) of this section to determine	118937
whether an employee or prospective employee of a medicaid provider	118938
~~or applicant to be a provider~~ is included in a database;	118939

(b) The procedures for conducting the database review;

118940

118941

(d) The circumstances under which a medicaid provider or	118942
~~applicant to be a provider~~ is prohibited from employing a person	118943
who is found by the database review to be included in a database.	118944

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

118945

"Anniversary date" means the later of the effective date of	118946
the provider agreement relating to the independent provider or	118947
sixty days after September 26, 2003.	118948

"Applicant" means a person who has applied for a ~~medicaid~~	118949
provider agreement to provide home and community-based services as	118950
an independent provider under a home and community-based medicaid	118951
waiver component administered by the department of ~~job and family~~	118952
~~services~~medicaid.	118953

"Criminal records check" has the same meaning as in section	118954
109.572 of the Revised Code.	118955

"Disqualifying offense" means any of the offenses listed or	118956
described in divisions (A)(3)(a) to (e) of section 109.572 of the	118957
Revised Code.	118958

"Independent provider" means a person who has a ~~medicaid~~	118959
provider agreement to provide home and community-based services as	118960
an independent provider in a home and community-based services	118961
medicaid waiver component administered by the department of ~~job~~	118962
~~and family services~~medicaid.	118963

~~"Home and community-based services medicaid waiver component"~~	118964
~~has the same meaning as in section 5111.85 of the Revised Code.~~	118965

(B) The department of ~~job and family services~~medicaid or the	118966
department's designee shall deny an applicant's application for a	118967
~~medicaid~~ provider agreement and shall terminate an independent	118968
provider's ~~medicaid~~ provider agreement if either of the following	118969
applies:	118970

(1) After the applicant or independent provider is given the	118971
information and notification required by divisions (D)(2)(a) and	118972
(b) of this section, the applicant or independent provider fails	118973
to do either of the following:	118974

(a) Access, complete, or forward to the superintendent of the	118975
bureau of criminal identification and investigation the form	118976
prescribed pursuant to division (C)(1) of section 109.572 of the	118977
Revised Code or the standard impression sheet prescribed pursuant	118978
to division (C)(2) of that section;	118979

(b) Instruct the superintendent to submit the completed	118980
report of the criminal records check required by this section	118981
directly to the department or the department's designee.	118982

(2) Except as provided in rules ~~adopted under~~authorized by	118983
this section, the applicant or independent provider is found by a	118984
criminal records check required by this section to have been	118985
convicted of,or have pleaded guilty to~~, or been found eligible~~	118986
~~for intervention in lieu of conviction for~~ a disqualifying	118987
offense, regardless of the date of the conviction,or the date of	118988
entry of the guilty plea~~, or the date the applicant or independent~~	118989
~~provider was found eligible for intervention in lieu of~~	118990
~~conviction~~.	118991

(C)(1) The department or the department's designee shall	118992
inform each applicant, at the time of initial application for a	118993
~~medicaid~~ provider agreement, that the applicant is required to	118994
provide a set of the applicant's fingerprint impressions and that	118995
a criminal records check is required to be conducted as a	118996
condition of the department's approving the application.	118997

(2) Beginning on September 26, 2003, the department or the	118998
department's designee shall inform each independent provider on or	118999
before the time of the anniversary date of the ~~medicaid~~ provider	119000
agreement that the independent provider is required to provide a	119001
set of the independent provider's fingerprint impressions and that	119002
a criminal records check is required to be conducted.	119003

(D)(1) The department or the department's designee shall	119004
require an applicant to complete a criminal records check prior to	119005
entering into a ~~medicaid~~ provider agreement with the applicant.	119006
The department or the department's designee shall require an	119007
independent provider to complete a criminal records check at least	119008
annually. If an applicant or independent provider for whom a	119009
criminal records check is required by this section does not	119010
present proof of having been a resident of this state for the	119011
five-year period immediately prior to the date the criminal	119012
records check is requested or provide evidence that within that	119013
five-year period the superintendent of the bureau of criminal	119014
identification and investigation has requested information about	119015
the applicant or independent provider from the federal bureau of	119016
investigation in a criminal records check, the department or the	119017
department's designee shall request that the applicant or	119018
independent provider obtain through the superintendent a criminal	119019
records request from the federal bureau of investigation as part	119020
of the criminal records check of the applicant or independent	119021
provider. Even if an applicant or independent provider for whom a	119022
criminal records check request is required by this section	119023
presents proof of having been a resident of this state for the	119024
five-year period, the department or the department's designee may	119025
request that the applicant or independent provider obtain	119026
information through the superintendent from the federal bureau of	119027
investigation in the criminal records check.	119028

(2) The department or the department's designee shall provide	119029
the following to each applicant and independent provider for whom	119030
a criminal records check is required by this section:	119031

(a) Information about accessing, completing, and forwarding	119032
to the superintendent of the bureau of criminal identification and	119033
investigation the form prescribed pursuant to division (C)(1) of	119034
section 109.572 of the Revised Code and the standard impression	119035
sheet prescribed pursuant to division (C)(2) of that section;	119036

(b) Written notification that the applicant or independent	119037
provider is to instruct the superintendent to submit the completed	119038
report of the criminal records check directly to the department or	119039
the department's designee.	119040

(3) Each applicant and independent provider for whom a	119041
criminal records check is required by this section shall pay to	119042
the bureau of criminal identification and investigation the fee	119043
prescribed pursuant to division (C)(3) of section 109.572 of the	119044
Revised Code for the criminal records check conducted of the	119045
applicant or independent provider.	119046

(E) The report of any criminal records check conducted by the	119047
bureau of criminal identification and investigation in accordance	119048
with section 109.572 of the Revised Code and pursuant to a request	119049
made under this section is not a public record for the purposes of	119050
section 149.43 of the Revised Code and shall not be made available	119051
to any person other than the following:	119052

(1) The person who is the subject of the criminal records	119053
check or the person's representative;	119054

(2) The medicaid director ~~of job and family services~~ and the	119055
staff of the department who are involved in the administration of	119056
the medicaid program;	119057

(3) The department's designee;

119058

(4) An individual ~~who receives~~receiving or deciding whether	119059
to receive home and community-based services from the person who	119060
is the subject of the criminal records check;	119061

(5) A court, hearing officer, or other necessary individual	119062
involved in a case dealing with either of the following:	119063

(a) A denial or termination of a provider agreement related	119064
to the criminal records check;	119065

(b) A civil or criminal action regarding the medicaid	119066
program.	119067

(F) The medicaid director ~~of job and family services~~ shall	119068
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	119069
of the Revised Code to implement this section. The rules shall	119070
specify circumstances under which the department or the	119071
department's designee may either approve an applicant's	119072
application or allow an independent provider to maintain an	119073
existing ~~medicaid~~ provider agreement even though the applicant or	119074
independent provider is found by a criminal records check required	119075
by this section to have been convicted of,or have pleaded guilty	119076
to~~, or been found eligible for intervention in lieu of conviction~~	119077
~~for~~ a disqualifying offense.	119078

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

119079

"Applicant" means a person who is under final consideration	119080
for employment with a waiver agency in a full-time, part-time, or	119081
temporary position that involves providing home and	119082
community-based services..	119083

"Community-based long-term care ~~agency~~provider" ~~has the same~~	119084
~~meaning~~means a provider as defined in section 173.39 of the	119085
Revised Code.	119086

"Community-based long-term care subcontractor" means a	119087
subcontractor as defined in section 173.38 of the Revised Code.	119088

"Criminal records check" has the same meaning as in section	119089
109.572 of the Revised Code.	119090

"Disqualifying offense" means any of the offenses listed or	119091
described in divisions (A)(3)(a) to (e) of section 109.572 of the	119092
Revised Code.	119093

"Employee" means a person employed by a waiver agency in a	119094
full-time, part-time, or temporary position that involves	119095
providing home and community-based services.	119096

~~"Home and community-based services medicaid waiver component"~~	119097
~~has the same meaning as in section 5111.85 of the Revised Code.~~	119098

"Waiver agency" means a person or government entity that	119099
provides home and community-based services under a home and	119100
community-based services medicaid waiver component administered by	119101
the department of ~~job and family services~~medicaid, other than	119102
such a person or government entity that is certified under the	119103
medicare program. "Waiver agency" does not mean an independent	119104
provider as defined in section ~~5111.034~~5164.341 of the Revised	119105
Code.	119106

(B) This section does not apply to any individual who is	119107
subject to a database review or criminal records check under	119108
section 3701.881 of the Revised Code. If a waiver agency also is a	119109
community-based long-term care ~~agency~~provider or community-based	119110
long-term care subcontractor, the waiver agency may provide for	119111
applicants and employees to undergo database reviews and criminal	119112
records checks in accordance with section ~~173.394~~173.38 of the	119113
Revised Code rather than this section.	119114

(C) No waiver agency shall employ an applicant or continue to	119115
employ an employee in a position that involves providing home and	119116
community-based services if any of the following apply:	119117

(1) A review of the databases listed in division (E) of this	119118
section reveals any of the following:	119119

(a) That the applicant or employee is included in one or more	119120
of the databases listed in divisions (E)(1) to (5) of this	119121
section;	119122

(b) That there is in the state nurse aide registry	119123
established under section 3721.32 of the Revised Code a statement	119124
detailing findings by the director of health that the applicant or	119125
employee neglected or abused a long-term care facility or	119126
residential care facility resident or misappropriated property of	119127
such a resident;	119128

(c) That the applicant or employee is included in one or more	119129
of the databases, if any, specified in rules ~~adopted under~~	119130
authorized by this section and the rules prohibit the waiver	119131
agency from employing an applicant or continuing to employ an	119132
employee included in such a database in a position that involves	119133
providing home and community-based services.	119134

(2) After the applicant or employee is given the information	119135
and notification required by divisions (F)(2)(a) and (b) of this	119136
section, the applicant or employee fails to do either of the	119137
following:	119138

(a) Access, complete, or forward to the superintendent of the	119139
bureau of criminal identification and investigation the form	119140
prescribed to division (C)(1) of section 109.572 of the Revised	119141
Code or the standard impression sheet prescribed pursuant to	119142
division (C)(2) of that section;	119143

(b) Instruct the superintendent to submit the completed	119144
report of the criminal records check required by this section	119145
directly to the chief administrator of the waiver agency.	119146

(3) Except as provided in rules ~~adopted under~~authorized by	119147
this section, the applicant or employee is found by a criminal	119148
records check required by this section to have been convicted of,	119149
or have pleaded guilty to~~, or been found eligible for intervention~~	119150
~~in lieu of conviction for~~ a disqualifying offense, regardless of	119151
the date of the conviction,or date of entry of the guilty plea,	119152
~~or the date the applicant or employee was found eligible for~~	119153
~~intervention in lieu of conviction~~.	119154

(D) At the time of each applicant's initial application for	119155
employment in a position that involves providing home and	119156
community-based services, the chief administrator of a waiver	119157
agency shall inform the applicant of both of the following:	119158

(1) That a review of the databases listed in division (E) of	119159
this section will be conducted to determine whether the waiver	119160
agency is prohibited by division (C)(1) of this section from	119161
employing the applicant in the position;	119162

(2) That, unless the database review reveals that the	119163
applicant may not be employed in the position, a criminal records	119164
check of the applicant will be conducted and the applicant is	119165
required to provide a set of the applicant's fingerprint	119166
impressions as part of the criminal records check.	119167

(E) As a condition of employing any applicant in a position	119168
that involves providing home and community-based services, the	119169
chief administrator of a waiver agency shall conduct a database	119170
review of the applicant in accordance with rules ~~adopted under~~	119171
authorized by this section. If rules ~~adopted under~~authorized by	119172
this section so require, the chief administrator of a waiver	119173
agency shall conduct a database review of an employee in	119174
accordance with the rules as a condition of continuing to employ	119175
the employee in a position that involves providing home and	119176
community-based services. A database review shall determine	119177
whether the applicant or employee is included in any of the	119178
following:	119179

(1) The excluded parties list system that is maintained by	119180
the United States general services administration pursuant to	119181
subpart 9.4 of the federal acquisition regulation and available at	119182
the federal web site known as the system for award management;	119183

(2) The list of excluded individuals and entities maintained	119184
by the office of inspector general in the United States department	119185
of health and human services pursuant to ~~section 1128 of~~ the	119186
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	119187
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	119188
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	119189
~~amended~~;	119190

(3) The registry of MR/DD employees established under section	119191
5123.52 of the Revised Code;	119192

(4) The internet-based sex offender and child-victim offender	119193
database established under division (A)(11) of section 2950.13 of	119194
the Revised Code;	119195

(5) The internet-based database of inmates established under	119196
section 5120.66 of the Revised Code;	119197

(6) The state nurse aide registry established under section	119198
3721.32 of the Revised Code;	119199

(7) Any other database, if any, specified in rules ~~adopted~~	119200
~~under~~authorized by this section.	119201

(F)(1) As a condition of employing any applicant in a	119202
position that involves providing home and community-based	119203
services, the chief administrator of a waiver agency shall require	119204
the applicant to request that the superintendent of the bureau of	119205
criminal identification and investigation conduct a criminal	119206
records check of the applicant. If rules ~~adopted under~~authorized	119207
by this section so require, the chief administrator of a waiver	119208
agency shall require an employee to request that the	119209
superintendent conduct a criminal records check of the employee at	119210
times specified in the rules as a condition of continuing to	119211
employ the employee in a position that involves providing home and	119212
community-based services. However, a criminal records check is not	119213
required for an applicant or employee if the waiver agency is	119214
prohibited by division (C)(1) of this section from employing the	119215
applicant or continuing to employ the employee in a position that	119216
involves providing home and community-based services. If an	119217
applicant or employee for whom a criminal records check request is	119218
required by this section does not present proof of having been a	119219
resident of this state for the five-year period immediately prior	119220
to the date the criminal records check is requested or provide	119221
evidence that within that five-year period the superintendent has	119222
requested information about the applicant or employee from the	119223
federal bureau of investigation in a criminal records check, the	119224
chief administrator shall require the applicant or employee to	119225
request that the superintendent obtain information from the	119226
federal bureau of investigation as part of the criminal records	119227
check. Even if an applicant or employee for whom a criminal	119228
records check request is required by this section presents proof	119229
of having been a resident of this state for the five-year period,	119230
the chief administrator may require the applicant or employee to	119231
request that the superintendent include information from the	119232
federal bureau of investigation in the criminal records check.	119233

(2) The chief administrator shall provide the following to	119234
each applicant and employee for whom a criminal records check is	119235
required by this section:	119236

(a) Information about accessing, completing, and forwarding	119237
to the superintendent of the bureau of criminal identification and	119238
investigation the form prescribed pursuant to division (C)(1) of	119239
section 109.572 of the Revised Code and the standard impression	119240
sheet prescribed pursuant to division (C)(2) of that section;	119241

(b) Written notification that the applicant or employee is to	119242
instruct the superintendent to submit the completed report of the	119243
criminal records check directly to the chief administrator.	119244

(3) A waiver agency shall pay to the bureau of criminal	119245
identification and investigation the fee prescribed pursuant to	119246
division (C)(3) of section 109.572 of the Revised Code for any	119247
criminal records check required by this section. However, a waiver	119248
agency may require an applicant to pay to the bureau the fee for a	119249
criminal records check of the applicant. If the waiver agency pays	119250
the fee for an applicant, it may charge the applicant a fee not	119251
exceeding the amount the waiver agency pays to the bureau under	119252
this section if the waiver agency notifies the applicant at the	119253
time of initial application for employment of the amount of the	119254
fee and that, unless the fee is paid, the applicant will not be	119255
considered for employment.	119256

(G)(1) A waiver agency may employ conditionally an applicant	119257
for whom a criminal records check is required by this section	119258
prior to obtaining the results of the criminal records check if	119259
both of the following apply:	119260

(a) The waiver agency is not prohibited by division (C)(1) of	119261
this section from employing the applicant in a position that	119262
involves providing home and community-based services.	119263

(b) The chief administrator of the waiver agency requires the	119264
applicant to request a criminal records check regarding the	119265
applicant in accordance with division (F)(1) of this section not	119266
later than five business days after the applicant begins	119267
conditional employment.	119268

(2) A waiver agency that employs an applicant conditionally	119269
under division (G)(1) of this section shall terminate the	119270
applicant's employment if the results of the criminal records	119271
check, other than the results of any request for information from	119272
the federal bureau of investigation, are not obtained within the	119273
period ending sixty days after the date the request for the	119274
criminal records check is made. Regardless of when the results of	119275
the criminal records check are obtained, if the results indicate	119276
that the applicant has been convicted of,or has pleaded guilty	119277
to~~, or has been found eligible for intervention in lieu of~~	119278
~~conviction for~~ a disqualifying offense, the waiver agency shall	119279
terminate the applicant's employment unless circumstances	119280
specified in rules ~~adopted under~~authorized by this section exist	119281
that permit the waiver agency to employ the applicant and the	119282
waiver agency chooses to employ the applicant.	119283

(H) The report of any criminal records check conducted	119284
pursuant to a request made under this section is not a public	119285
record for the purposes of section 149.43 of the Revised Code and	119286
shall not be made available to any person other than the	119287
following:	119288

(1) The applicant or employee who is the subject of the	119289
criminal records check or the representative of the applicant or	119290
employee;	119291

(2) The chief administrator of the waiver agency that	119292
requires the applicant or employee to request the criminal records	119293
check or the administrator's representative;	119294

(3) The medicaid director ~~of job and family services~~ and the	119295
staff of the department who are involved in the administration of	119296
the medicaid program;	119297

(4) The director of aging or the director's designee if the	119298
waiver agency also is a community-based long-term care ~~agency~~	119299
provider or community-based long-term care subcontractor;	119300

(5) An individual receiving or deciding whether to receive	119301
home and community-based services from the subject of the criminal	119302
records check;	119303

(6) A court, hearing officer, or other necessary individual	119304
involved in a case dealing with any of the following:	119305

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

119306

(b) Employment or unemployment benefits of the applicant or	119307
employee;	119308

(c) A civil or criminal action regarding the medicaid	119309
program.	119310

(I) The medicaid director ~~of job and family services~~ shall	119311
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	119312
of the Revised Code to implement this section.	119313

(1) The rules may do the following:

119314

(a) Require employees to undergo database reviews and	119315
criminal records checks under this section;	119316

(b) If the rules require employees to undergo database	119317
reviews and criminal records checks under this section, exempt one	119318
or more classes of employees from the requirements;	119319

(c) For the purpose of division (E)(7) of this section,	119320
specify other databases that are to be checked as part of a	119321
database review conducted under this section.	119322

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

119323

(a) The procedures for conducting a database review under	119324
this section;	119325

(b) If the rules require employees to undergo database	119326
reviews and criminal records checks under this section, the times	119327
at which the database reviews and criminal records checks are to	119328
be conducted;	119329

(c) If the rules specify other databases to be checked as	119330
part of a database review, the circumstances under which a waiver	119331
agency is prohibited from employing an applicant or continuing to	119332
employ an employee who is found by the database review to be	119333
included in one or more of those databases;	119334

(d) The circumstances under which a waiver agency may employ	119335
an applicant or employee who is found by a criminal records check	119336
required by this section to have been convicted of,or have	119337
pleaded guilty to~~, or been found eligible for intervention in lieu~~	119338
~~of conviction for~~ a disqualifying offense.	119339

(J) The amendments made by H.B. 487 of the 129th general	119340
assembly to this section do not preclude the department of ~~job~~	119341
~~and family services~~medicaid from taking action against a person	119342
for failure to comply with former division (H) of this section as	119343
that division existed on the day preceding ~~the effective date of~~	119344
~~this amendment~~January 1, 2013.	119345

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	119346
means any person having at least five per cent ownership in a	119347
medicaid provider.	119348

(B)(1) No medicaid provider ~~of services or goods contracting~~	119349
~~with the department of job and family services pursuant to the~~	119350
~~medicaid program~~ shall~~, by~~do any of the following:	119351

(a) By deception, obtain or attempt to obtain payments under	119352
~~this chapter~~the medicaid program to which the provider is not	119353
entitled pursuant to the provider's provider agreement, or the	119354
rules of the federal government or the ~~department of job and~~	119355
~~family services~~medicaid director relating to the program~~. No~~	119356
~~provider shall willfully~~;	119357

(b) Willfully receive payments to which the provider is not	119358
entitled~~, or willfully~~;	119359

(c) Willfully receive payments in a greater amount than that	119360
to which the provider is entitled; ~~nor shall any provider falsify~~	119361

(d) Falsify any report or document required by state or	119362
federal law, rule, or provider agreement relating to medicaid	119363
payments. ~~As used in this section, a~~	119364

(2) A medicaid provider engages in "deception" for the	119365
purpose of this section when the provider, acting with actual	119366
knowledge of the representation or information involved, acting in	119367
deliberate ignorance of the truth or falsity of the representation	119368
or information involved, or acting in reckless disregard of the	119369
truth or falsity of the representation or information involved,	119370
deceives another or causes another to be deceived by any false or	119371
misleading representation, by withholding information, by	119372
preventing another from acquiring information, or by any other	119373
conduct, act, or omission that creates, confirms, or perpetuates a	119374
false impression in another, including a false impression as to	119375
law, value, state of mind, or other objective or subjective fact.	119376
No proof of specific intent to defraud is required to show, for	119377
purposes of this section, that a medicaid provider has engaged in	119378
deception.	119379

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	119380
this section shall be liable, in addition to any other penalties	119381
provided by law, for all of the following civil penalties:	119382

(1) Payment of interest on the amount of the excess payments	119383
at the maximum interest rate allowable for real estate mortgages	119384
under section 1343.01 of the Revised Code on the date the payment	119385
was made to the provider for the period from the date upon which	119386
payment was made, to the date upon which repayment is made to the	119387
state;	119388

(2) Payment of an amount equal to three times the amount of	119389
any excess payments;	119390

(3) Payment of a sum of not less than five thousand dollars	119391
and not more than ten thousand dollars for each deceptive claim or	119392
falsification;	119393

(4) All reasonable expenses which the court determines have	119394
been necessarily incurred by the state in the enforcement of this	119395
section.	119396

~~(C) As used in this division, "intermediate care facility for~~	119397
~~the mentally retarded" and "nursing facility" have the same~~	119398
~~meanings given in section 5111.20 of the Revised Code.~~	119399

(D) In addition to the civil penalties provided in division	119400
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	119401
~~services~~, upon the conviction of, or the entry of a judgment in	119402
either a criminal or civil action against, a medicaid provider or	119403
its owner, officer, authorized agent, associate, manager, or	119404
employee in an action brought pursuant to section 109.85 of the	119405
Revised Code, shall terminate the provider's provider agreement	119406
~~between the department and the provider~~ and stop ~~reimbursement~~	119407
payment to the provider for medicaid services rendered from the	119408
date of conviction or entry of judgment. ~~As used in this division,~~	119409
~~"owner" means any person having at least five per cent ownership~~	119410
~~in the medicaid provider.~~ No such medicaid provider, owner,	119411
officer, authorized agent, associate, manager, or employee shall	119412
own or provide medicaid services to any other medicaid provider or	119413
risk contractor or arrange for, render, or order medicaid services	119414
for medicaid recipients, nor shall such provider, owner, officer,	119415
authorized agent, associate, manager, or employee receive	119416
~~reimbursement in the form of~~ direct payments ~~from the department~~	119417
under the medicaid program or indirect payments of medicaid funds	119418
in the form of salary, shared fees, contracts, kickbacks, or	119419
rebates from or through any ~~participating~~other medicaid provider	119420
or risk contractor. The provider agreement shall not be terminated	119421
~~or reimbursement~~, and payment shall not be terminated, if the	119422
medicaid provider or owner can demonstrate that the provider or	119423
owner did not directly or indirectly sanction the action of its	119424
authorized agent, associate, manager, or employee that resulted in	119425
the conviction or entry of a judgment in a criminal or civil	119426
action brought pursuant to section 109.85 of the Revised Code.	119427
Nothing in this division prohibits any owner, officer, authorized	119428
agent, associate, manager, or employee of a medicaid provider from	119429
entering into a ~~medicaid~~ provider agreement if the person can	119430
demonstrate that the person had no knowledge of an action of the	119431
medicaid provider the person was formerly associated with that	119432
resulted in the conviction or entry of a judgment in a criminal or	119433
civil action brought pursuant to section 109.85 of the Revised	119434
Code.	119435

Nursing facility ~~or intermediate care facility for the~~	119436
~~mentally retarded~~and ICF/IID providers whose provider agreements	119437
are terminated pursuant to this section may continue to receive	119438
~~reimbursement~~medicaid payments for up to thirty days after the	119439
effective date of the termination if the provider makes reasonable	119440
efforts to transfer medicaid recipients to another facility or to	119441
alternate care and if federal ~~funds are~~financial participation is	119442
provided for ~~such reimbursement~~the payments.	119443

~~(D) For any reason permitted or required by federal law, the~~	119444
~~director of job and family services may deny a provider agreement~~	119445
~~or terminate a provider agreement.~~	119446

~~For any reason permitted or required by federal law, the~~	119447
~~director may exclude an individual, provider of services or goods,~~	119448
~~or other entity from participation in the medicaid program. No~~	119449
~~individual, provider, or entity excluded under this division shall~~	119450
~~own or provide services to any other medicaid provider or risk~~	119451
~~contractor or arrange for, render, or order services for medicaid~~	119452
~~recipients during the period of exclusion, nor, during the period~~	119453
~~of exclusion, shall such individual, provider, or entity receive~~	119454
~~reimbursement in the form of direct payments from the department~~	119455
~~or indirect payments of medicaid funds in the form of salary,~~	119456
~~shared fees, contracts, kickbacks, or rebates from or through any~~	119457
~~participating provider or risk contractor. An excluded individual,~~	119458
~~provider, or entity may request a reconsideration of the~~	119459
~~exclusion. The director shall adopt rules in accordance with~~	119460
~~Chapter 119. of the Revised Code governing the process for~~	119461
~~requesting a reconsideration.~~	119462

~~Nothing in this division limits the applicability of section~~	119463
~~5111.06 of the Revised Code to a medicaid provider.~~	119464

~~(E) Any provider of services or goods contracting with the~~	119465
~~department of job and family services pursuant to Title XIX of the~~	119466
~~"Social Security Act," who, without intent, obtains payments under~~	119467
~~this chapter in excess of the amount to which the provider is~~	119468
~~entitled, thereby becomes liable for payment of interest on the~~	119469
~~amount of the excess payments at the maximum real estate mortgage~~	119470
~~rate on the date the payment was made to the provider for the~~	119471
~~period from the date upon which payment was made to the date upon~~	119472
~~which repayment is made to the state.~~	119473

~~(F)~~(E) The attorney general on behalf of the state may	119474
commence proceedings to enforce this section in any court of	119475
competent jurisdiction; and the attorney general may settle or	119476
compromise any case brought under this section with the approval	119477
of the department of ~~job and family services~~medicaid.	119478
Notwithstanding any other provision of law providing a shorter	119479
period of limitations, the attorney general may commence a	119480
proceeding to enforce this section at any time within six years	119481
after the conduct in violation of this section terminates.	119482

~~(G) The authority, under state and federal law, of the~~	119483
~~department of job and family services or a county department of~~	119484
~~job and family services to recover excess payments made to a~~	119485
~~provider is not limited by the availability of remedies under~~	119486
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	119487
~~benefits paid on behalf of recipients of medical assistance.~~	119488

~~The penalties under this chapter apply to any overpayment,~~	119489
~~billing, or falsification occurring on and after April 24, 1978.~~	119490
(F) All moneys collected by the state pursuant to this section	119491
shall be deposited in the state treasury to the credit of the	119492
general revenue fund.	119493

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

119494

(1) "~~Creditable~~Credible allegation of fraud" has the same	119495
meaning as in 42 C.F.R. 455.2, except that for purposes of this	119496
section any reference in that regulation to the "state" or the	119497
"state medicaid agency" means the department of ~~job and family~~	119498
~~services~~medicaid.	119499

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	119500
~~the Revised Code.~~	119501

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	119502
5164.37 of the Revised Code.	119503

(B)(1) Except as provided in division (C) of this section and	119504
in rules ~~adopted~~authorized by ~~the department of job and family~~	119505
~~services under division (J) of~~ this section, on determining there	119506
is a ~~creditable~~credible allegation of fraud for which an	119507
investigation is pending under the medicaid program against a	119508
medicaid provider, the department of medicaid shall suspend the	119509
provider agreement held by the provider. Subject to division (C)	119510
of this section, the department shall also terminate medicaid	119511
~~reimbursement~~payments to the provider for services rendered.	119512

(2)(a) The suspension shall continue in effect until either	119513
of the following is the case:	119514

(i) The department or a prosecuting authority determines that	119515
there is insufficient evidence of fraud by the medicaid provider;	119516

(ii) The proceedings in any related criminal case are	119517
completed through dismissal of the indictment or through	119518
conviction, entry of a guilty plea, or finding of not guilty.	119519

(b) If the department commences a process to terminate the	119520
suspended provider agreement, the suspension shall also continue	119521
in effect until the termination process is concluded.	119522

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	119523
~~department is not required to take action under division (B)(1) of~~	119524
~~this section by issuing an order pursuant to an adjudication in~~	119525
~~accordance with Chapter 119. of the Revised Code.~~	119526

~~(4)~~ When subject to a suspension under this section, a	119527
medicaid provider, owner, officer, authorized agent, associate,	119528
manager, or employee shall not own or provide services to any	119529
other medicaid provider or risk contractor or arrange for, render,	119530
or order services to any other medicaid provider or risk	119531
contractor or arrange for, render, or order services for medicaid	119532
recipients during the period of suspension. During the period of	119533
suspension, the provider, owner, officer, authorized agent,	119534
associate, manager, or employee shall not receive ~~reimbursement in~~	119535
~~the form of~~ direct payments ~~from the department~~under the medicaid	119536
program or indirect payments of medicaid funds in the form of	119537
salary, shared fees, contracts, kickbacks, or rebates from or	119538
through any ~~participating~~other medicaid provider or risk	119539
contractor.	119540

(C) The department shall not suspend a provider agreement or	119541
terminate medicaid ~~reimbursement~~payments under division (B) of	119542
this section if the medicaid provider or owner can demonstrate	119543
through the submission of written evidence that the provider or	119544
owner did not directly or indirectly sanction the action of its	119545
authorized agent, associate, manager, or employee that resulted in	119546
the ~~creditable~~credible allegation of fraud.	119547

(D) The termination of medicaid ~~reimbursement~~payment under	119548
division (B) of this section applies only to payments for medicaid	119549
services rendered subsequent to the date on which the notice	119550
required by division (E) of this section is sent. Claims for	119551
~~reimbursement~~payment of medicaid services rendered by the	119552
medicaid provider prior to the issuance of the notice may be	119553
subject to prepayment review procedures whereby the department	119554
reviews claims to determine whether they are supported by	119555
sufficient documentation, are in compliance with state and federal	119556
statutes and rules, and are otherwise complete.	119557

(E) After suspending a provider agreement under division (B)	119558
of this section, the department shall, as specified in 42 C.F.R.	119559
455.23(b), send notice of the suspension to the affected medicaid	119560
provider or owner in accordance with the following timeframes:	119561

(1) Not later than five days after the suspension, unless a	119562
law enforcement agency makes a written request to temporarily	119563
delay the notice;	119564

(2) If a law enforcement agency makes a written request to	119565
temporarily delay the notice, not later than thirty days after the	119566
suspension occurs subject to the conditions specified in division	119567
(F) of this section.	119568

(F) A written request for a temporary delay described in	119569
division (E)(2) of this section may be renewed in writing by a law	119570
enforcement agency not more than two times except that under no	119571
circumstances shall the notice be issued more than ninety days	119572
after the suspension occurs.	119573

(G) The notice required by division (E) of this section shall	119574
do all of the following:	119575

(1) State that payments are being suspended in accordance	119576
with this section and 42 C.F.R. 455.23;	119577

(2) Set forth the general allegations related to the nature	119578
of the conduct leading to the suspension, except that it is not	119579
necessary to disclose any specific information concerning an	119580
ongoing investigation;	119581

(3) State that the suspension continues to be in effect until	119582
either of the following is the case:	119583

(a) The department or a prosecuting authority determines that	119584
there is insufficient evidence of fraud by the provider;	119585

(b) The proceedings in any related criminal case are	119586
completed through dismissal of the indictment or through	119587
conviction, entry of a guilty plea, or finding of not guilty and,	119588
if the department commences a process to terminate the suspended	119589
provider agreement, until the termination process is concluded.	119590

(4) Specify, if applicable, the type or types of medicaid	119591
claims or business units of the medicaid provider that are	119592
affected by the suspension;	119593

(5) Inform the medicaid provider or owner of the opportunity	119594
to submit to the department, not later than thirty days after	119595
receiving the notice, a request for reconsideration of the	119596
suspension in accordance with division (H) of this section.	119597

(H)(1) Pursuant to the procedure specified in division (H)(2)	119598
of this section, a medicaid provider or owner subject to a	119599
suspension under this section may request a reconsideration of the	119600
suspension. The request shall be made not later than thirty days	119601
after receipt of a notice required by division (E) of this	119602
section. The reconsideration is not subject to an adjudication	119603
hearing pursuant to Chapter 119. of the Revised Code.	119604

(2) In requesting a reconsideration, the medicaid provider or	119605
owner shall submit written information and documents to the	119606
department. The information and documents may pertain to any of	119607
the following issues:	119608

(a) Whether the determination to suspend the provider	119609
agreement was based on a mistake of fact, other than the validity	119610
of an indictment in a related criminal case.	119611

(b) If there has been an indictment in a related criminal	119612
case, whether any offense charged in the indictment resulted from	119613
an offense specified in division (E) of section ~~5111.031~~5164.37	119614
of the Revised Code.	119615

(c) Whether the provider or owner can demonstrate that the	119616
provider or owner did not directly or indirectly sanction the	119617
action of its authorized agent, associate, manager, or employee	119618
that resulted in the suspension under this section or an	119619
indictment in a related criminal case.	119620

(I) The department shall review the information and documents	119621
submitted in a request made under division (H) of this section for	119622
reconsideration of a suspension. After the review, the suspension	119623
may be affirmed, reversed, or modified, in whole or in part. The	119624
department shall notify the affected provider or owner of the	119625
results of the review. The review and notification of its results	119626
shall be completed not later than forty-five days after receiving	119627
the information and documents submitted in a request for	119628
reconsideration.	119629

(J) ~~The department may adopt rules in accordance with Chapter~~	119630
~~119. of the Revised Code to implement this section. The rules~~	119631
Rules adopted under section 5164.02 of the Revised Code may	119632
specify circumstances under which the department would not suspend	119633
a provider agreement pursuant to this section.	119634

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

119635

(1) "Independent provider" has the same meaning as in section	119636
~~5111.034~~5164.341 of the Revised Code.	119637

(2) ~~"Intermediate care facility for the mentally retarded"~~	119638
~~and "nursing facility" have the same meanings as in section~~	119639
~~5111.20 of the Revised Code.~~	119640

~~(3)~~ "Noninstitutional medicaid provider" means any person or	119641
entity with a ~~medicaid~~ provider agreement other than a hospital,	119642
nursing facility, or ~~intermediate care facility for the mentally~~	119643
~~retarded~~ICF/IID.	119644

~~(4)~~(3) "Owner" means any person having at least five per cent	119645
ownership in a noninstitutional medicaid provider.	119646

(B) Notwithstanding any provision of this chapter to the	119647
contrary, the department of ~~job and family services~~medicaid shall	119648
take action under this section against a noninstitutional medicaid	119649
provider or its owner, officer, authorized agent, associate,	119650
manager, or employee.	119651

(C) Except as provided in division (D) of this section and in	119652
rules ~~adopted~~authorized by ~~the department under division (H) of~~	119653
this section, on receiving notice and a copy of an indictment that	119654
is issued on or after September 29, 2007, and charges a	119655
noninstitutional medicaid provider or its owner, officer,	119656
authorized agent, associate, manager, or employee with committing	119657
an offense specified in division (E) of this section, the	119658
department shall suspend the provider agreement held by the	119659
noninstitutional medicaid provider. Subject to division (D) of	119660
this section, the department shall also terminate medicaid	119661
~~reimbursement~~payments to the provider for medicaid services	119662
rendered.	119663

The suspension shall continue in effect until the proceedings	119664
in the criminal case are completed through dismissal of the	119665
indictment or through conviction, entry of a guilty plea, or	119666
finding of not guilty. If the department commences a process to	119667
terminate the suspended provider agreement, the suspension shall	119668
also continue in effect until the termination process is	119669
concluded.	119670

~~Pursuant to section 5111.06 of the Revised Code, the~~	119671
~~department is not required to take action under this division by~~	119672
~~issuing an order pursuant to an adjudication conducted in~~	119673
~~accordance with Chapter 119. of the Revised Code.~~	119674

When subject to a suspension under this division, a provider,	119675
owner, officer, authorized agent, associate, manager, or employee	119676
shall not own or provide medicaid services to any other medicaid	119677
provider or risk contractor or arrange for, render, or order	119678
medicaid services for medicaid recipients during the period of	119679
suspension. During the period of suspension, the provider, owner,	119680
officer, authorized agent, associate, manager, or employee shall	119681
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	119682
under the ~~department~~medicaid program or indirect payments of	119683
medicaid funds in the form of salary, shared fees, contracts,	119684
kickbacks, or rebates from or through any ~~participating~~other	119685
medicaid provider or risk contractor.	119686

(D)(1) The department shall not suspend a provider agreement	119687
or terminate medicaid ~~reimbursement~~payments under division (C) of	119688
this section if the provider or owner can demonstrate through the	119689
submission of written evidence that the provider or owner did not	119690
directly or indirectly sanction the action of its authorized	119691
agent, associate, manager, or employee that resulted in the	119692
indictment.	119693

(2) The termination of medicaid ~~reimbursement~~payments	119694
applies only to payments for medicaid services rendered subsequent	119695
to the date on which the notice required under division (F) of	119696
this section is sent. Claims for ~~reimbursement~~payment for	119697
medicaid services rendered by the provider prior to the issuance	119698
of the notice may be subject to prepayment review procedures	119699
whereby the department reviews claims to determine whether they	119700
are supported by sufficient documentation, are in compliance with	119701
state and federal statutes and rules, and are otherwise complete.	119702

(E)(1) In the case of a noninstitutional medicaid provider	119703
that is not an independent provider, the suspension of a provider	119704
agreement under division (C) of this section applies when an	119705
indictment charges a person with committing an act that would be a	119706
felony or misdemeanor under the laws of this state and the act	119707
relates to or results from either of the following:	119708

(a) Furnishing or billing for ~~medical care,~~medicaid	119709
services~~, or supplies~~ under the medicaid program;	119710

(b) Participating in the performance of management or	119711
administrative services relating to furnishing ~~medical care,~~	119712
medicaid services~~, or supplies~~ under the medicaid program.	119713

(2) In the case of a noninstitutional medicaid provider that	119714
is an independent provider, the suspension of a provider agreement	119715
under division (C) of this section applies when an indictment	119716
charges a person with committing an act that would constitute a	119717
disqualifying offense as defined in section ~~5111.032~~5164.34 of	119718
the Revised Code.	119719

(F) Not later than five days after suspending a provider	119720
agreement under division (C) of this section, the department shall	119721
send notice of the suspension to the affected provider or owner.	119722
In providing the notice, the department shall do all of the	119723
following:	119724

(1) Describe the indictment that was the cause of the	119725
suspension, without necessarily disclosing specific information	119726
concerning any ongoing civil or criminal investigation;	119727

(2) State that the suspension will continue in effect until	119728
the proceedings in the criminal case are completed through	119729
dismissal of the indictment or through conviction, entry of a	119730
guilty plea, or finding of not guilty and, if the department	119731
commences a process to terminate the suspended provider agreement,	119732
until the termination process is concluded;	119733

(3) Inform the provider or owner of the opportunity to submit	119734
to the department, not later than thirty days after receiving the	119735
notice, a request for a reconsideration pursuant to division (G)	119736
of this section.	119737

(G)(1) Pursuant to the procedure specified in division (G)(2)	119738
of this section, a noninstitutional medicaid provider or owner	119739
subject to a suspension under this section may request a	119740
reconsideration. The request shall be made not later than thirty	119741
days after receipt of the notice provided under division (F) of	119742
this section. The reconsideration is not subject to an	119743
adjudication hearing pursuant to Chapter 119. of the Revised Code.	119744

(2) In requesting a reconsideration, the provider or owner	119745
shall submit written information and documents to the department.	119746
The information and documents may pertain to any of the following	119747
issues:	119748

(a) Whether the determination to suspend the provider	119749
agreement was based on a mistake of fact, other than the validity	119750
of the indictment;	119751

(b) Whether any offense charged in the indictment resulted	119752
from an offense specified in division (E) of this section;	119753

(c) Whether the provider or owner can demonstrate that the	119754
provider or owner did not directly or indirectly sanction the	119755
action of its authorized agent, associate, manager, or employee	119756
that resulted in the indictment.	119757

(3) The department shall review the information and documents	119758
submitted in a request for reconsideration. After the review, the	119759
suspension may be affirmed, reversed, or modified, in whole or in	119760
part. The department shall notify the affected provider or owner	119761
of the results of the review. The review and notification of its	119762
results shall be completed not later than forty-five days after	119763
receiving the information and documents submitted in a request for	119764
reconsideration.	119765

(H) ~~The department may adopt rules in accordance with Chapter~~	119766
~~119. of the Revised Code to implement this section. The rules~~	119767
Rules adopted under section 5164.02 of the Revised Code may	119768
specify circumstances under which the department would not suspend	119769
a provider agreement pursuant to this section.	119770

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	119771
~~sections 5111.061 and 5111.063 of the Revised Code~~:	119772

~~(a) "Provider" means any person, institution, or entity that~~	119773
~~furnishes medicaid services under a provider agreement with the~~	119774
~~department of job and family services pursuant to Title XIX of the~~	119775
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	119776
~~amended.~~	119777

~~(b) "Party" has the same meaning as in division (G) of~~	119778
~~section 119.01 of the Revised Code.~~	119779

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	119780
of section 119.01 of the Revised Code.	119781

(2) "Party" has the same meaning as in division (G) of	119782
section 119.01 of the Revised Code.	119783

(3) "Revalidate" means to approve a medicaid provider's	119784
continued enrollment as a medicaid provider in accordance with the	119785
revalidation process established in rules authorized by section	119786
5164.32 of the Revised Code.	119787

(B) This section does not apply to either of the following:

119788

~~(a)~~(1) Any action taken or decision made by the department of	119789
~~job and family services~~medicaid with respect to entering into or	119790
refusing to enter into a contract with a managed care organization	119791
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	119792

~~(b)~~(2) Any action taken by the department under sections	119793
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	119794

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	119795
and section ~~5111.914~~5164.58 of the Revised Code, the department	119796
shall do ~~either~~any of the following by issuing an order pursuant	119797
to an adjudication conducted in accordance with Chapter 119. of	119798
the Revised Code:	119799

(1) ~~Enter into or refuse~~Refuse to enter into a provider	119800
agreement with a medicaid provider~~, or suspend,~~;	119801

(2) Refuse to revalidate a medicaid provider's provider	119802
agreement;	119803

(3) Suspend or terminate~~, renew, or refuse to renew an~~	119804
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	119805

~~(2)~~(4) Take any action based upon a final fiscal audit of a	119806
medicaid provider.	119807

~~(C)~~(D) Any party who is adversely affected by the issuance of	119808
an adjudication order under division ~~(B)~~(C) of this section may	119809
appeal to the court of common pleas of Franklin county in	119810
accordance with section 119.12 of the Revised Code.	119811

~~(D)~~(E) The department is not required to comply with division	119812
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	119813
following occur:	119814

(1) The terms of a provider agreement require the medicaid	119815
provider to hold a license, permit, or certificate or maintain a	119816
certification issued by an official, board, commission,	119817
department, division, bureau, or other agency of state or federal	119818
government other than the department of ~~job and family services~~	119819
medicaid, and the license, permit, certificate, or certification	119820
has been denied, revoked, not renewed, suspended, or otherwise	119821
limited.	119822

(2) The terms of a provider agreement require the medicaid	119823
provider to hold a license, permit, or certificate or maintain	119824
certification issued by an official, board, commission,	119825
department, division, bureau, or other agency of state or federal	119826
government other than the department of ~~job and family services~~	119827
medicaid, and the provider has not obtained the license, permit,	119828
certificate, or certification.	119829

(3) The medicaid provider's application for a provider	119830
agreement is denied, or the provider's provider agreement is	119831
terminated, or not ~~renewed due~~revalidated, because of or	119832
pursuant to ~~the~~any of the following:	119833

(a) The termination, refusal to renew, or denial of a	119834
license, permit, certificate, or certification by an official,	119835
board, commission, department, division, bureau, or other agency	119836
of this state other than the department of ~~job and family services~~	119837
medicaid, notwithstanding the fact that the provider may hold a	119838
license, permit, certificate, or certification from an official,	119839
board, commission, department, division, bureau, or other agency	119840
of another state.	119841

~~(4) The provider agreement is denied, terminated, or not~~	119842
~~renewed pursuant to division (C)~~;	119843

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	119844
Revised Code.	119845

~~(5) The provider agreement is denied, terminated, or not~~	119846
~~renewed due to the~~;	119847

(c) The provider's termination, suspension, or exclusion from	119848
the medicare program ~~established under Title XVIII of the "Social~~	119849
~~Security Act"~~ or from another state's medicaid program and, in	119850
either case, the termination, suspension, or exclusion is binding	119851
on the provider's participation in the medicaid program in this	119852
state.	119853

~~(6) The provider agreement is denied, terminated, or not~~	119854
~~renewed due to the~~;	119855

(d) The provider's pleading guilty to or being convicted of a	119856
criminal activity materially related to either the medicare or	119857
medicaid program;	119858

(e) The provider or its owner, officer, authorized agent,	119859
associate, manager, or employee having been convicted of one of	119860
the offenses that caused the provider's provider agreement to be	119861
suspended pursuant to section 5164.36 of the Revised Code;	119862

(f) The provider's failure to provide the department the	119863
national provider identifier assigned the provider by the national	119864
provider system pursuant to 45 C.F.R. 162.408.	119865

~~(7)~~(4) The medicaid provider's application for a provider	119866
agreement is denied, or the provider's provider agreement is	119867
terminated, or suspended, as a result of action by the United	119868
States department of health and human services and that action is	119869
binding on the provider's medicaid participation ~~in the medicaid~~	119870
~~program~~.	119871

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	119872
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	119873
provider agreement is suspended and payments to the provider are	119874
suspended pending indictment of the provider.	119875

~~(9) The provider agreement is denied, terminated, or not~~	119876
~~renewed because the provider or its owner, officer, authorized~~	119877
~~agent, associate, manager, or employee has been convicted of one~~	119878
~~of the offenses that caused the provider agreement to be suspended~~	119879
~~pursuant to section 5111.031 of the Revised Code.~~	119880

~~(10)~~(6) The medicaid provider's application for a provider	119881
agreement is denied because the provider's application was not	119882
complete;	119883

(7) The medicaid provider's provider agreement is converted	119884
under section ~~5111.028~~5164.32 of the Revised Code from a	119885
provider agreement that is not time-limited to a provider	119886
agreement that is time-limited.	119887

~~(11) The provider agreement is terminated or an application~~	119888
~~for re-enrollment is denied because the provider has failed to~~	119889
~~apply for re-enrollment within the time or in the manner specified~~	119890
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	119891
facility or ICF/IID, the provider's provider agreement is not	119892
revalidated pursuant to division (B)(1) of section ~~5111.028~~	119893
5164.32 of the Revised Code.	119894

~~(12)~~(9) The medicaid provider's provider agreement is	119895
suspended or, terminated, or ~~an application for enrollment or~~	119896
~~re-enrollment is denied, for any~~not revalidated because of either	119897
of the following:	119898

(a) Any reason authorized or required by one or more of the	119899
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	119900
455.450.	119901

~~(13) The provider agreement is terminated or not renewed~~	119902
~~because the~~;	119903

(b) The provider has not billed or otherwise submitted a	119904
medicaid claim ~~to the department~~ for two years or longer.	119905

~~(14) The provider agreement is denied, terminated, or not~~	119906
~~renewed because the provider fails to provide to the department~~	119907
~~the national provider identifier assigned the provider by the~~	119908
~~national provider system pursuant to 45 C.F.R. 162.408.~~	119909

(F) In the case of a medicaid provider described in division	119910
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	119911
department may take its ~~proposed~~ action ~~against a provider~~	119912
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	119913
the provider. The notice shall be sent to the medicaid provider's	119914
address on record with the department. The notice may be sent by	119915
regular mail.	119916

~~(E)~~(G) The department may withhold payments for medicaid	119917
services rendered by a medicaid provider ~~under the medicaid~~	119918
~~program~~ during the pendency of proceedings initiated under	119919
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	119920
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	119921
section, the department may withhold payments only to the extent	119922
that they equal amounts determined in a final fiscal audit as	119923
being due the state. This division does not apply if the	119924
department fails to comply with section 119.07 of the Revised	119925
Code, requests a continuance of the hearing, or does not issue a	119926
decision within thirty days after the hearing is completed. This	119927
division does not apply to nursing facilities and ~~intermediate~~	119928
~~care facilities for the mentally retarded as defined in section~~	119929
~~5111.20 of the Revised Code~~ICFs/IID.	119930

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	119931
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	119932
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	119933
~~this chapter~~state statute governing the medicaid program that	119934
requires the department to give notice of an opportunity for a	119935
hearing in accordance with Chapter 119. of the Revised Code, if	119936
the department gives notice of the opportunity for a hearing but	119937
the medicaid provider or other entity subject to the notice does	119938
not request a hearing or timely request a hearing in accordance	119939
with section 119.07 of the Revised Code, the department is not	119940
required to hold a hearing. The medicaid director ~~of job and~~	119941
~~family service~~ may proceed by issuing a final adjudication order	119942
in accordance with Chapter 119. of the Revised Code.	119943

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	119944
~~services~~medicaid may contract with any person or persons as a	119945
fiscal agent for the examination, processing, and determination of	119946
~~medical assistance~~medicaid claims ~~under this chapter~~. The	119947
contracting party may provide any of the following services, as	119948
required by the contract:	119949

(1) Design and operate medicaid management information	119950
systems, including the provision of data processing services;	119951

(2) Determine the amounts of payments to be made upon claims	119952
for ~~medical assistance~~medicaid;	119953

(3) Prepare and furnish to the department lists and computer	119954
tapes of such claims for payment;	119955

(4) In addition to audits which may be conducted by the	119956
department and by the auditor of state, make audits of providers	119957
and the claims of medicaid providers ~~of medical assistance~~	119958
according to the standards set forth in the contract;	119959

(5) Assist medicaid providers ~~of medical assistance~~ in the	119960
development of procedures relating to utilization practices, make	119961
studies of the effectiveness of such procedures and methods for	119962
their improvement, implement and enforce standards of medical	119963
policy, and assist in the application of safeguards against	119964
unnecessary utilization;	119965

(6) Assist any institution, facility, or agency to qualify as	119966
a medicaid provider ~~of medical assistance~~;	119967

(7) Establish and maintain fiscal records for the ~~medical~~	119968
~~assistance~~medicaid program;	119969

(8) Perform statistical and research studies;

119970

(9) Develop and implement programs for ~~medical assistance~~	119971
medicaid cost containment;	119972

(10) Perform such other duties as are necessary to carry out	119973
the ~~medical assistance~~medicaid program.	119974

(B) The department ~~of job and family services~~ may contract	119975
with any person or persons as an insuring agent for the	119976
examination, processing, and determination of ~~medical assistance~~	119977
medicaid claims, as provided in division (A) of this section, and	119978
for the payment of ~~medical assistance~~medicaid claims through an	119979
underwritten program in which the state pays the insuring agent a	119980
monthly premium and the insuring agent pays for ~~medical~~medicaid	119981
services ~~authorized under the state's medical assistance program~~.	119982
The person with whom the department contracts, with respect to the	119983
awarding, provisions, and performance of such contract, shall not	119984
be subject to the provisions of Title XXXIX of the Revised Code or	119985
to regulation by the department of insurance, nor to taxation as	119986
an insurance company pursuant to section 5725.18 or 5729.03 of the	119987
Revised Code. A contract with an insuring agent shall specify the	119988
qualifications, including capital and surplus requirements, and	119989
other conditions with which the insuring agent must comply.	119990

(C) In entering into a contract under this section, the	119991
department, in cooperation with the director of budget and	119992
management, shall determine that the contracting party is	119993
qualified to perform the required services and shall follow	119994
applicable procedures required of the department of administrative	119995
services in sections 125.07 to 125.11 of the Revised Code. A	119996
contract shall be awarded to the bidder who, with due	119997
consideration to the bidder's experience and financial capability,	119998
offers the lowest and best bid to the state for control of the	119999
costs of the ~~medical assistance~~medicaid program consistent with	120000
meeting the obligations under that program for fair and equitable	120001
treatment of medicaid recipients and medicaid providers ~~of medical~~	120002
~~services~~. Any arrangement whereby funds are paid to an insuring or	120003
fiscal agent for administrative functions under this section	120004
shall, for the purposes of section 125.081 of the Revised Code, be	120005
deemed to be a contract or purchase by the department of	120006
administrative services; however, money to be used by an insuring	120007
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	120008
~~state's medical assistance program~~ shall not be deemed a contract	120009
or purchase within the meaning of such section.	120010

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	120011
"electronic claims submission process" means any of the following:	120012

(1) Electronic interchange of data;

120013

(2) Direct entry of data through an internet-based mechanism	120014
implemented by the department of ~~job and family services~~medicaid;	120015

(3) Any other process for the electronic submission of claims	120016
that is specified in rules adopted under ~~this~~ section 5162.02 of	120017
the Revised Code.	120018

(B) Not later than January 1, 2013, and except as provided in	120019
division (C) of this section, each medicaid provider ~~of services~~	120020
~~to medicaid recipients~~ shall do both of the following:	120021

(1) Use only an electronic claims submission process to	120022
submit to the department of ~~job and family services~~medicaid	120023
claims for medicaid ~~reimbursement~~payment for medicaid services	120024
provided to medicaid recipients;	120025

(2) Arrange to receive medicaid ~~reimbursement~~payment from	120026
the department by means of electronic funds transfer.	120027

(C) Division (B) of this section does not apply to any of the	120028
following:	120029

(1) A nursing facility~~, as defined in section 5111.20 of the~~	120030
~~Revised Code~~;	120031

(2) An ~~intermediate care facility for the mentally retarded,~~	120032
~~as defined in section 5111.20 of the Revised Code~~ICF/IID;	120033

(3) A medicaid managed care organization ~~under contract with~~	120034
~~the department pursuant to section 5111.17 of the Revised Code~~;	120035

(4) Any other medicaid provider or type of medicaid provider	120036
designated in rules adopted under ~~this~~ section 5162.02 of the	120037
Revised Code.	120038

(D) The department shall not process a medicaid claim	120039
submitted on or after January 1, 2013, unless the claim is	120040
submitted through an electronic claims submission process in	120041
accordance with this section.	120042

~~(E) The director of job and family services may adopt rules~~	120043
~~in accordance with Chapter 119. of the Revised Code as the~~	120044
~~director considers necessary to implement this section.~~	120045

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

120046

~~(1) "Federal financial participation" means the federal~~	120047
~~government's share of expenditures made by an entity in~~	120048
~~implementing the medicaid program.~~	120049

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	120050
known as the Ohio children's hospital solutions for patient	120051
safety, which was formed for the purpose of improving pediatric	120052
patient care in this state, which performs functions that are	120053
included within the functions of a peer review committee as	120054
defined in section 2305.25 of the Revised Code, and which consists	120055
of all of the following members: Akron children's hospital,	120056
Cincinnati children's hospital medical center, Cleveland clinic	120057
children's hospital, Dayton children's medical center, mercy	120058
children's hospital, nationwide children's hospital, rainbow	120059
babies & children's hospital, and Toledo children's hospital.	120060

(B) If, as authorized by section ~~5101.10~~5160.10 of the	120061
Revised Code, the ~~department of job and family services~~medicaid	120062
director chooses to contract with a person to perform either or	120063
both of the following services, itthe director may contract with	120064
any qualified person, including OCHSPS, to perform the service or	120065
services on ~~the department's~~ behalf of the department of medicaid:	120066

(1) Review and analyze claims for ~~medical assistance made~~	120067
~~under this chapter~~medicaid services provided to children in	120068
accordance with all state and federal laws governing the	120069
confidentiality of patient-identifying information;	120070

(2) Perform quality assurance and quality review functions,	120071
other than those described in division (B)(1) of this section,	120072
related to ~~medical assistance made under this chapter~~medicaid	120073
services provided to children.	120074

The functions specified in division (B)(2) of this section	120075
may include those recommended by the best evidence for advancing	120076
child health in Ohio now (BEACON) council.	120077

(C) If the ~~department~~director enters into a contract with	120078
OCHSPS for OCHSPS to perform either or both of the services	120079
described in division (B) of this section, OCHSPS shall, only for	120080
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	120081
considered a public entity and the ~~department~~director shall seek	120082
federal financial participation for costs incurred by OCHSPS in	120083
performing the service or services.	120084

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	120085
~~family services~~ may ~~submit a medicaid state plan amendment or~~	120086
~~request for a federal waiver to the United States secretary of~~	120087
~~health and human services as necessary to~~ implement~~, at the~~	120088
~~director's discretion,~~ a system under which medicaid payments for	120089
~~medical assistance provided under the~~ medicaid ~~program~~services	120090
are made to an organization on behalf of ~~the~~medicaid providers of	120091
~~the medical assistance~~. The system may not provide for an	120092
organization to receive an amount that exceeds, in aggregate, the	120093
amount the ~~department~~medicaid program would have paid directly to	120094
~~the~~medicaid providers if not for this section.	120095

Sec. 5164.55. The department of medicaid may conduct final	120096
fiscal audits of medicaid providers in accordance with the	120097
applicable requirements set forth in federal laws and regulations	120098
and determine any amounts the provider may owe the state. When	120099
conducting final fiscal audits, the department shall consider	120100
generally accepted auditing standards, which include the use of	120101
statistical sampling.	120102

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	120103
amount determined to be owed the state by a final fiscal audit	120104
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	120105
the Revised Code, upon the issuance of an adjudication order	120106
pursuant to Chapter 119. of the Revised Code that contains a	120107
finding that there is a preponderance of the evidence that ~~the~~a	120108
medicaid provider will liquidate assets or file bankruptcy in	120109
order to prevent payment of the amount determined to be owed the	120110
state, becomes a lien upon the real and personal property of the	120111
provider. Upon failure of the provider to pay the amount to the	120112
state, the medicaid director ~~of job and family services~~ shall file	120113
notice of the lien, for which there shall be no charge, in the	120114
office of the county recorder of the county in which it is	120115
ascertained that the provider owns real or personal property. The	120116
director shall notify the provider by mail of the lien, but	120117
absence of proof that the notice was sent does not affect the	120118
validity of the lien. The lien is not valid as against the claim	120119
of any mortgagee, pledgee, purchaser, judgment creditor, or other	120120
lienholder of record at the time the notice is filed.	120121

If the provider acquires real or personal property after	120122
notice of the lien is filed, the lien shall not be valid as	120123
against the claim of any mortgagee, pledgee, subsequent bona fide	120124
purchaser for value, judgment creditor, or other lienholder of	120125
record to such after-acquired property unless the notice of lien	120126
is refiled after the property is acquired by the provider and	120127
before the competing lien attaches to the after-acquired property	120128
or before the conveyance to the subsequent bona fide purchaser for	120129
value.	120130

When the amount has been paid, the provider may record with	120131
the recorder notice of the payment. For recording such notice of	120132
payment, the recorder shall charge and receive from the provider a	120133
base fee of one dollar for services and a housing trust fund fee	120134
of one dollar pursuant to section 317.36 of the Revised Code.	120135

In the event of a distribution of athe provider's assets	120136
pursuant to an order of any court under the law of this state	120137
including any receivership, assignment for benefit of creditors,	120138
adjudicated insolvency, or similar proceedings, amounts then or	120139
thereafter due the state under ~~this chapter~~the medicaid program	120140
have the same priority as provided by law for the payment of taxes	120141
due the state and shall be paid out of the receivership trust fund	120142
or other such trust fund in the same manner as provided for claims	120143
for unpaid taxes due the state.	120144

If the attorney general finds after investigation that any	120145
amount due the state under ~~this chapter~~the medicaid program is	120146
uncollectable, in whole or in part, the attorney general shall	120147
recommend to the director the cancellation of all or part of the	120148
claim. The director may thereupon effect the cancellation.	120149

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	120150
"adjudication" has the same meaning as in section 119.01 of the	120151
Revised Code.	120152

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	120153
section, the department of ~~job and family services~~medicaid may	120154
recover a medicaid payment or portion of a payment made to a	120155
medicaid provider to which the provider is not entitled if the	120156
department notifies the provider of the overpayment during the	120157
five-year period immediately following the end of the state fiscal	120158
year in which the overpayment was made.	120159

(2) In the case of a hospital medicaid provider, if the	120160
department determines as a result of a medicare or medicaid cost	120161
report settlement that the provider received an amount under the	120162
medicaid program to which the provider is not entitled, the	120163
department may recover the overpayment if the department notifies	120164
the provider of the overpayment during the later of the following:	120165

(a) The five-year period immediately following the end of the	120166
state fiscal year in which the overpayment was made;	120167

(b) The one-year period immediately following the date the	120168
department receives from the United States centers for medicare	120169
and medicaid services a completed, audited, medicare cost report	120170
for the provider that applies to the state fiscal year in which	120171
the overpayment was made.	120172

~~(B)~~(C) Among the overpayments that may be recovered under	120173
this section are the following:	120174

(1) Payment for a medicaid service, or a day of service, not	120175
rendered;	120176

(2) Payment for a day of service at a full per diem rate that	120177
should have been paid at a percentage of the full per diem rate;	120178

(3) Payment for a medicaid service, or day of service, that	120179
was paid by, or partially paid by, a third party, as defined in	120180
section ~~5101.571~~5160.35 of the Revised Code, and the third	120181
party's payment or partial payment was not offset against the	120182
amount paid by the medicaid program to reduce or eliminate the	120183
amount that was paid by the medicaid program;	120184

(4) Payment when a medicaid recipient's responsibility for	120185
payment was understated and resulted in an overpayment to the	120186
provider.	120187

~~(C)~~(D) The department may recover an overpayment under this	120188
section prior to or after any of the following:	120189

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	120190
5164.38 of the Revised Code requires to be conducted in accordance	120191
with Chapter 119. of the Revised Code;	120192

(2) Adjudication of a finding under any other provision of	120193
~~this chapter~~state statutes governing the medicaid program or the	120194
rules adopted under itthose statutes;	120195

(3) Expiration of the time to issue a final fiscal audit that	120196
section ~~5111.06~~5164.38 of the Revised Code requires to be	120197
conducted in accordance with Chapter 119. of the Revised Code;	120198

(4) Expiration of the time to issue a finding under any other	120199
provision of ~~this chapter~~state statutes governing the medicaid	120200
program or the rules adopted under itthose statutes.	120201

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	120202
recovery of an overpayment under this section does not preclude	120203
the department from subsequently doing the following:	120204

(a) Issuing a final fiscal audit in accordance with Chapter	120205
119. of the Revised Code, as required under section ~~5111.06~~	120206
5164.38 of the Revised Code;	120207

(b) Issuing a finding under any other provision of ~~this~~	120208
~~chapter~~state statutes governing the medicaid program or the rules	120209
adopted under itthose statutes.	120210

(2) A final fiscal audit or finding issued subsequent to the	120211
recovery of an overpayment under this section shall be reduced by	120212
the amount of the prior recovery, as appropriate.	120213

~~(E)~~(F) Nothing in this section limits the department's	120214
authority to recover overpayments pursuant to any other provision	120215
of the Revised Code.	120216

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	120217
~~"provider" has the same meaning as in section 5111.06 of the~~	120218
~~Revised Code.~~	120219

~~(B)~~ If a state agency that enters into a contract with the	120220
department of ~~job and family services~~medicaid under section	120221
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	120222
overpayment has been made to a medicaid provider, the state agency	120223
may commence actions to recover the overpayment on behalf of the	120224
department.	120225

~~(C)~~(B) In recovering an overpayment pursuant to this section,	120226
a state agency shall comply with the following procedures:	120227

(1) The state agency shall attempt to recover the overpayment	120228
by notifying the medicaid provider of the overpayment and	120229
requesting voluntary repayment. Not later than five business days	120230
after notifying the medicaid provider, the state agency shall	120231
notify the department in writing of the overpayment. The state	120232
agency may negotiate a settlement of the overpayment and notify	120233
the department of the settlement. A settlement negotiated by the	120234
state agency is not valid and shall not be implemented until the	120235
department has given its written approval of the settlement.	120236

(2) If the state agency is unable to obtain voluntary	120237
repayment of an overpayment, the agency shall give the medicaid	120238
provider notice of an opportunity for a hearing in accordance with	120239
Chapter 119. of the Revised Code. If the medicaid provider timely	120240
requests a hearing in accordance with section 119.07 of the	120241
Revised Code, the state agency shall conduct the hearing to	120242
determine the legal and factual validity of the overpayment. On	120243
completion of the hearing, the state agency shall submit its	120244
hearing officer's report and recommendation and the complete	120245
record of proceedings, including all transcripts, to the medicaid	120246
director ~~of job and family services~~ for final adjudication. The	120247
director may issue a final adjudication order in accordance with	120248
Chapter 119. of the Revised Code. The state agency shall pay any	120249
attorney's fees imposed under section 119.092 of the Revised Code.	120250
The department of ~~job and family services~~medicaid shall pay any	120251
attorney's fees imposed under section 2335.39 of the Revised Code.	120252

~~(D)~~(C) In any action taken by a state agency under this	120253
section that requires the agency to give notice of an opportunity	120254
for a hearing in accordance with Chapter 119. of the Revised Code,	120255
if the agency gives notice of the opportunity for a hearing but	120256
the medicaid provider subject to the notice does not request a	120257
hearing or timely request a hearing in accordance with section	120258
119.07 of the Revised Code, the agency is not required to hold a	120259
hearing. The agency may request that the medicaid director ~~of job~~	120260
~~and family services~~ issue a final adjudication order in accordance	120261
with Chapter 119. of the Revised Code.	120262

~~(E)~~(D) This section does not preclude the department of ~~job~~	120263
~~and family services~~medicaid from adjudicating a final fiscal	120264
audit under section ~~5111.06~~5164.38 of the Revised Code,	120265
recovering overpayments under section ~~5111.061~~5164.57 of the	120266
Revised Code, or making findings or taking other actions	120267
authorized by ~~this chapter~~state statutes governing the medicaid	120268
program.	120269

Sec. 5164.59. The department of medicaid may deduct from	120270
medicaid payments for medicaid services rendered by a medicaid	120271
provider any amounts the provider owes the state as the result of	120272
incorrect medicaid payments the department has made to the	120273
provider.	120274

Sec. 5164.60. (A) As used in this section, "recovery audit	120275
contractor program" means the program that must be established	120276
under the "Social Security Act," section 1902(a)(42)(B), 42 U.S.C.	120277
1396a(a)(42)(B).	120278

(B) Except as provided in division (C) of this section, any	120279
medicaid provider who, without intent, obtains payments under the	120280
medicaid program in excess of the amount to which the provider is	120281
entitled is liable for payment of interest on the amount of the	120282
excess payments at the maximum interest rate allowable for real	120283
estate mortgages under section 1343.01 of the Revised Code on the	120284
date the payment was made to the provider for the period from the	120285
date on which payment was made to the date on which repayment is	120286
made to the state.	120287

(C) Division (B) of this section does not apply to an excess	120288
payment identified under the recovery audit contractor program if	120289
the medicaid provider who obtains the excess payment repays the	120290
excess payment in full not later than thirty days after receiving	120291
notice of the excess payment.	120292

Sec. 5164.61. The authority, under state and federal law, of	120293
the department of medicaid or a county department of job and	120294
family services to recover excess medicaid payments made to a	120295
medicaid provider is not limited by the availability of remedies	120296
under sections 5162.21 and 5162.23 of the Revised Code for	120297
recovering benefits paid on behalf of medicaid recipients.	120298

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

120299

~~(A)~~ Except as otherwise required by federal statute or	120300
regulation, ~~the department of job and family services shall not~~	120301
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	120302
~~assistance rendered under the program an amount that exceeds~~	120303
medicaid service shall exceed the following:	120304

~~(1)~~(A) If the medicaid provider is a hospital, nursing	120305
facility, or ~~intermediate care facility for the mentally retarded~~	120306
ICF/IID, the limits established under Subpart C of 42 C.F.R. Part	120307
447;	120308

~~(2)~~(B) If the medicaid provider is other than a provider	120309
described in division (A)~~(1)~~ of this section, the authorized	120310
~~reimbursement~~payment limits for the same service under the	120311
medicare program ~~established under Title XVIII of the "Social~~	120312
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	120313

~~(B) Reimbursement for freestanding medical laboratory charges~~	120314
~~shall not exceed the customary and usual fee for laboratory~~	120315
~~profiles.~~	120316

~~(C) The department may deduct from payments for services~~	120317
~~rendered by a medicaid provider under the medicaid program any~~	120318
~~amounts the provider owes the state as the result of incorrect~~	120319
~~medicaid payments the department has made to the provider.~~	120320

~~(D) The department may conduct final fiscal audits in~~	120321
~~accordance with the applicable requirements set forth in federal~~	120322
~~laws and regulations and determine any amounts the provider may~~	120323
~~owe the state. When conducting final fiscal audits, the department~~	120324
~~shall consider generally accepted auditing standards, which~~	120325
~~include the use of statistical sampling.~~	120326

~~(E) The number of days of inpatient hospital care for which~~	120327
~~reimbursement is made on behalf of a medicaid recipient to a~~	120328
~~hospital that is not paid under a diagnostic-related-group~~	120329
~~prospective payment system shall not exceed thirty days during a~~	120330
~~period beginning on the day of the recipient's admission to the~~	120331
~~hospital and ending sixty days after the termination of that~~	120332
~~hospital stay, except that the department may make exceptions to~~	120333
~~this limitation. The limitation does not apply to children~~	120334
~~participating in the program for medically handicapped children~~	120335
~~established under section 3701.023 of the Revised Code.~~	120336

~~(F) The division of any reimbursement between a collaborating~~	120337
~~physician or podiatrist and a clinical nurse specialist, certified~~	120338
~~nurse-midwife, or certified nurse practitioner for services~~	120339
~~performed by the nurse shall be determined and agreed on by the~~	120340
~~nurse and collaborating physician or podiatrist. In no case shall~~	120341
~~reimbursement exceed the payment that the physician or podiatrist~~	120342
~~would have received had the physician or podiatrist provided the~~	120343
~~entire service.~~	120344

Sec. 5164.71. Medicaid payments for freestanding medical	120345
laboratory charges shall not exceed the customary and usual fee	120346
for laboratory profiles.	120347

Sec. 5164.72. The number of days of inpatient hospital care	120348
for which a medicaid payment is made on behalf of a medicaid	120349
recipient to a hospital that is not paid under a	120350
diagnostic-related-group prospective payment system shall not	120351
exceed thirty days during a period beginning on the day of the	120352
recipient's admission to the hospital and ending sixty days after	120353
the termination of that hospital stay, except that the department	120354
of medicaid may make exceptions to this limitation. The limitation	120355
does not apply to children participating in the program for	120356
medically handicapped children established under section 3701.023	120357
of the Revised Code.	120358

Sec. 5164.73. The division of any medicaid payment between a	120359
collaborating physician or podiatrist and a clinical nurse	120360
specialist, certified nurse-midwife, or certified nurse	120361
practitioner for services performed by the nurse shall be	120362
determined and agreed on by the nurse and collaborating physician	120363
or podiatrist. In no case shall the medicaid payment exceed the	120364
medicaid payment that the physician or podiatrist would have	120365
received had the physician or podiatrist provided the entire	120366
service.	120367

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	120368
~~family services~~ shall adopt rules under section 5164.02 of the	120369
Revised Code governing the calculation and payment of, and the	120370
allocation of payments for, graduate medical education costs	120371
associated with medicaid services rendered to medicaid recipients	120372
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	120373
Revised Code, the rules shall provide for ~~reimbursement~~payment	120374
of graduate medical education costs associated with medicaid	120375
services rendered to medicaid recipients, including recipients	120376
enrolled in a medicaid managed care organization ~~under contract~~	120377
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	120378
~~Code~~, that the department of medicaid determines are allowable and	120379
reasonable.	120380

~~If the department requires a managed care organization to pay~~	120381
~~a provider for graduate medical education costs associated with~~	120382
~~the delivery of services to medicaid recipients enrolled in the~~	120383
~~organization, the department shall include in its payment to the~~	120384
~~organization an amount sufficient for the organization to pay such~~	120385
~~costs. If the department does not include in its payments to the~~	120386
~~managed care organization amounts for graduate medical education~~	120387
~~costs of providers, all of the following apply:~~	120388

~~(A) Except as provided in section 5111.191 of the Revised~~	120389
~~Code, the department shall pay the provider for graduate medical~~	120390
~~education costs associated with the delivery of services to~~	120391
~~medicaid recipients enrolled in the organization;~~	120392

~~(B) No provider shall seek reimbursement from the~~	120393
~~organization for such costs;~~	120394

~~(C) The organization is not required to pay providers for~~	120395
~~such costs.~~	120396

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	120397
(B) of this section, the department of ~~job and family services~~	120398
medicaid may deny medicaid payment to a hospital for direct	120399
graduate medical education costs associated with the delivery of	120400
medicaid services to any medicaid recipient if the hospital	120401
refuses without good cause to contract with a medicaid managed	120402
care organization that ~~serves participants in the care management~~	120403
~~system established under section 5111.16 of the Revised Code who~~	120404
~~are required to be enrolled in a managed care organization and the~~	120405
~~managed care organization~~ serves the area in which the hospital is	120406
located.	120407

(B) A hospital is not subject to division (A) of this section	120408
if all of the following are the case:	120409

(1) The hospital is located in a county in which participants	120410
in the care management system are required before January 1, 2006,	120411
to be enrolled in a medicaid managed care organization that is a	120412
health insuring corporation.	120413

(2) The hospital has entered into a contract before January	120414
1, 2006, with at least one health insuring corporation serving the	120415
participants specified in division (B)(1) of this section.	120416

(3) The hospital remains under contract with at least one	120417
health insuring corporation serving participants in the care	120418
management system who are required to be enrolled in a health	120419
insuring corporation.	120420

(C) The medicaid director ~~of job and family services~~ shall	120421
specify in the rules adopted under section ~~5111.19~~5164.02 of the	120422
Revised Code what constitutes good cause for a hospital to refuse	120423
to contract with a medicaid managed care organization.	120424

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	120425
upper reimbursement limit" means the limit established pursuant to	120426
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	120427
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	120428

The medicaid payment for a drug that is subject to a federal	120429
upper reimbursement limit shall not exceed, in the aggregate, the	120430
federal upper reimbursement limit for the drug. ~~The director of~~	120431
~~job and family services shall adopt rules under section 5111.02 of~~	120432
~~the Revised Code as necessary to implement this section.~~	120433

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

120434

~~(1) "State~~, "state maximum allowable cost" means the per unit	120435
amount the ~~department of job and family services reimburses~~	120436
medicaid program pays a terminal distributor of dangerous drugs	120437
for a ~~prescription~~prescribed drug included in the state maximum	120438
allowable cost program established under division (B) of this	120439
section. "State maximum allowable cost" excludes dispensing fees	120440
and copayments, coinsurance, or other cost-sharing charges, if	120441
any.	120442

~~(2) "Terminal distributor of dangerous drugs" has the same~~	120443
~~meaning as in section 4729.01 of the Revised Code.~~	120444

(B) The medicaid director ~~of job and family services~~ shall	120445
establish a state maximum allowable cost program for purposes of	120446
managing ~~reimbursement~~medicaid payments to terminal distributors	120447
of dangerous drugs for ~~prescription~~prescribed drugs identified by	120448
the director pursuant to this division. The director shall do all	120449
of the following with respect to the program:	120450

(1) Identify and create a list of ~~prescription~~ prescribed	120451
drugs to be included in the program.	120452

(2) Update the list of ~~prescription~~prescribed drugs	120453
described in division (B)(1) of this section on a weekly basis.	120454

(3) Review the state maximum allowable cost for each	120455
prescribed drug included on the list described in division (B)(1)	120456
of this section on a weekly basis.	120457

~~(C) The director may adopt rules in accordance with Chapter~~	120458
~~119. of the Revised Code to implement this section.~~	120459

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	120460
every ~~second July thereafter~~even-numbered year, the department	120461
of ~~job and family services~~medicaid shall initiate a ~~private~~	120462
confidential survey of ~~retail pharmacy operations~~the cost of	120463
dispensing drugs incurred by terminal distributors of dangerous	120464
drugs in ~~the~~this state. The survey shall be used as the basis for	120465
establishing ~~a current maximum~~the medicaid program's dispensing	120466
fee for ~~licensed pharmacists who are providers of drugs under this~~	120467
~~chapter. The~~terminal distributors in accordance with section	120468
5164.753 of the Revised Code. The survey shall be completed and	120469
its results published not later than the last day of October of	120470
the year in which it is conducted.	120471

Each terminal distributor that is a provider of drugs under	120472
the medicaid program shall participate in the survey. Except as	120473
necessary to publish the survey's results, a terminal	120474
distributor's responses to the survey are confidential and not a	120475
public record under section 149.43 of the Revised Code.	120476

The survey shall be conducted in conformance with the	120477
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	120478
~~amended or superseded, and~~447.500 to 447.518. The survey shall	120479
include operational data and direct prescription expenses,	120480
professional services and personnel costs, and usual and	120481
customary overhead expenses~~, and profit data~~ of the ~~retail~~	120482
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	120483
~~completed and its results published no later than the last day of~~	120484
~~October of the year in which the survey is conducted, and the~~	120485
survey shall compute and report the cost of dispensing ~~fees~~ on a	120486
basis of the usual and customary charges by ~~retail pharmacies~~	120487
terminal distributors to their customers for dispensing drugs. ~~The~~	120488
~~director of job and family services shall take into account the~~	120489
~~results of the survey in establishing a dispensing fee.~~	120490

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	120491
of every ~~second December thereafter~~even-numbered year, the	120492
medicaid director ~~of job and family services~~ shall establish a	120493
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	120494
~~pharmacists who~~terminal distributors of dangerous drugs that are	120495
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	120496
establishing the dispensing fee, the director shall take into	120497
consideration the results of the survey conducted under section	120498
~~5111.07~~5164.752 of the Revised Code.	120499

The director may reduce the amount of the dispensing fee	120500
provided to a terminal distributor that fails to fully comply with	120501
the requirement of section 5164.752 of the Revised Code that the	120502
distributor participate in the survey. In establishing the amount	120503
of the reduction, the director may take into account the extent to	120504
which the terminal distributor failed to fully participated in the	120505
survey.	120506

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	120507
"dangerous drug" and "manufacturer of dangerous drugs" have the	120508
same meaning as in section 4729.01 of the Revised Code.	120509

(B) The medicaid director ~~of job and family services~~ may	120510
enter into or administer an agreement or cooperative arrangement	120511
with other states to create or join a multiple-state prescription	120512
drug purchasing program for the purpose of negotiating with	120513
manufacturers of dangerous drugs to receive discounts or rebates	120514
for dangerous drugs ~~dispensed under~~covered by the medicaid	120515
program.	120516

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	120517
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	120518
the Revised Code, may establish and implement a supplemental drug	120519
rebate program under which drug manufacturers may be required to	120520
provide the department of ~~job and family services~~medicaid a	120521
supplemental rebate as a condition of having the drug	120522
manufacturers' drug products covered by the medicaid program	120523
without prior approval. The department may receive a supplemental	120524
rebate negotiated under the program for a drug dispensed to a	120525
medicaid recipient pursuant to a prescription or a drug purchased	120526
by a medicaid provider for administration to a medicaid recipient	120527
in the provider's primary place of business. ~~If necessary, the~~	120528
~~director may apply to the United States secretary of health and~~	120529
~~human services for a waiver of federal statutes and regulations to~~	120530
~~establish the supplemental drug rebate program.~~	120531

If the director establishes a supplemental drug rebate	120532
program, the director shall consult with drug manufacturers	120533
regarding the establishment and implementation of the program.	120534

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	120535
or other information regarding a drug rebate agreement or a	120536
supplemental drug rebate agreement for the medicaid program	120537
~~established under Chapter 5111. of the Revised Code~~ that the	120538
department of ~~job and family services~~medicaid receives from a	120539
pharmaceutical manufacturer or creates pursuant to negotiation of	120540
the agreement is not a public record under section 149.43 of the	120541
Revised Code and shall be treated by the department as	120542
confidential information.	120543

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	120544
"licensed health professional authorized to prescribe drugs" has	120545
the same meaning as in section 4729.01 of the Revised Code.	120546

(B) The medicaid director ~~of job and family services~~ may	120547
~~establish an~~acquire or specify technologies to provide	120548
information regarding medicaid recipient eligibility, claims	120549
history, and drug coverage to medicaid providers through	120550
electronic health record and e-prescribing ~~system for the~~	120551
~~medicaid program under which~~applications.	120552

If such technologies are acquired or specified, the	120553
e-prescribing applications shall enable a medicaid provider who	120554
is a licensed health professional authorized to prescribe drugs	120555
~~shall~~to use an electronic system to prescribe a drug for a	120556
medicaid recipient ~~when required to do so by division (C) of this~~	120557
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	120558
is to eliminate the need for such medicaid providers to ~~make~~issue	120559
prescriptions for medicaid recipients by handwriting or telephone.	120560
The ~~e-prescribing system~~technologies acquired or specified by the	120561
director also shall provide such medicaid providers with an	120562
up-to-date, clinically relevant drug information database and a	120563
system of electronically monitoring medicaid recipients' medical	120564
history, drug regimen compliance, and fraud and abuse.	120565

~~(C) If the director establishes an e-prescribing system under~~	120566
~~division (B) of this section, the director shall do all of the~~	120567
~~following:~~	120568

~~(1) Require that a medicaid provider who is a licensed health~~	120569
~~professional authorized to prescribe drugs use the e-prescribing~~	120570
~~system during a fiscal year if the medicaid provider was one of~~	120571
~~the ten medicaid providers who, during the calendar year that~~	120572
~~precedes that fiscal year, issued the most prescriptions for~~	120573
~~medicaid recipients receiving hospital services;~~	120574

~~(2) Before the beginning of each fiscal year, determine the~~	120575
~~ten medicaid providers that issued the most prescriptions for~~	120576
~~medicaid recipients receiving hospital services during the~~	120577
~~calendar year that precedes the upcoming fiscal year and notify~~	120578
~~those medicaid providers that they must use the e-prescribing~~	120579
~~system for the upcoming fiscal year;~~	120580

~~(3) Seek the most federal financial participation available~~	120581
~~for the development and implementation of the e-prescribing~~	120582
~~system.~~	120583

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	120584
~~department of job and family services~~The medicaid director shall	120585
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	120586
of the Revised Code to implement a coordinated services program	120587
for medicaid recipients who are found to have obtained	120588
~~prescription~~prescribed drugs under the medicaid program at a	120589
frequency or in an amount that is not medically necessary. The	120590
program shall be implemented in a manner that is consistent with	120591
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	120592
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	120593
42 C.F.R. 431.54(e).	120594

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	120595
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	120596
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	120597
department of ~~job and family services~~medicaid shall establish an	120598
outpatient drug use review program to assure that prescriptions	120599
obtained by medicaid recipients ~~of medical assistance under this~~	120600
~~chapter~~ are appropriate, medically necessary, and unlikely to	120601
cause adverse medical results.	120602

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	120603
pharmacy and therapeutics committee of the department of ~~job and~~	120604
~~family services~~medicaid. The committee shall assist the	120605
department with developing and maintaining a preferred drug list	120606
for the medicaid program.	120607

The committee shall review and recommend to the medicaid	120608
director ~~of job and family services~~ the drugs that should be	120609
included on the preferred drug list. The recommendations shall be	120610
made based on the evaluation of competent evidence regarding the	120611
relative safety, efficacy, and effectiveness of ~~prescription~~	120612
prescribed drugs within a class or classes of ~~prescription~~	120613
prescribed drugs.	120614

(B) The committee shall consist of ten members and shall be	120615
appointed by the medicaid director ~~of job and family services~~. The	120616
director shall seek recommendations for membership from relevant	120617
professional organizations. A candidate for membership recommended	120618
by a professional organization shall have professional experience	120619
working with medicaid recipients.	120620

The membership of the committee shall include:

120621

(1) Three pharmacists licensed under Chapter 4729. of the	120622
Revised Code;	120623

(2) Two doctors of medicine and two doctors of osteopathy who	120624
hold certificates to practice issued under Chapter 4731. of the	120625
Revised Code, one of whom is a family practice physician;	120626

(3) A registered nurse licensed under Chapter 4723. of the	120627
Revised Code;	120628

(4) A pharmacologist who has a doctoral degree;

120629

(5) A psychiatrist who holds a certificate to practice issued	120630
under Chapter 4731. of the Revised Code and specializes in	120631
psychiatry.	120632

(C) The committee shall elect from among its members a	120633
chairperson. Five committee members constitute a quorum.	120634

The committee shall establish guidelines necessary for the	120635
committee's operation.	120636

The committee may establish one or more subcommittees to	120637
investigate and analyze issues consistent with the duties of the	120638
committee under this section. The subcommittees may submit	120639
proposals regarding the issues to the committee and the committee	120640
may adopt, reject, or modify the proposals.	120641

A vote by a majority of a quorum is necessary to make	120642
recommendations to the director. In the case of a tie, the	120643
chairperson shall decide the outcome.	120644

(D) The director shall act on the committee's recommendations	120645
not later than thirty days after the recommendation is posted on	120646
the department's web site under division (F) of this section. If	120647
the director does not accept a recommendation of the committee,	120648
the director shall present the basis for this determination not	120649
later than fourteen days after making the determination or at the	120650
next scheduled meeting of the committee, whichever is sooner.	120651

(E) An interested party may request, and shall be permitted,	120652
to make a presentation or submit written materials to the	120653
committee during a committee meeting. The presentation or other	120654
materials shall be relevant to an issue under consideration by the	120655
committee and any written material, including a transcript of	120656
testimony to be given on the day of the meeting, may be submitted	120657
to the committee in advance of the meeting.	120658

(F) The department shall post the following on the	120659
department's web site:	120660

(1) Guidelines established by the committee under division	120661
(C) of this section;	120662

(2) A detailed committee agenda not later than fourteen days	120663
prior to the date of a regularly scheduled meeting and not later	120664
than seventy-two hours prior to the date of a special meeting	120665
called by the committee;	120666

(3) Committee recommendations not later than seven days after	120667
the meeting at which the recommendation was approved;	120668

(4) The director's final determination as to the	120669
recommendations made by the committee under this section.	120670

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	120671
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	120672
~~and family services~~ shall modify the manner or establish a new	120673
manner in which the following are paid under medicaid:	120674

(1) Community mental health ~~agencies~~service providers or	120675
facilities for providing community mental health services ~~included~~	120676
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	120677
~~5111.023~~5164.15 of the Revised Code;	120678

(2) Providers of alcohol and drug addiction services for	120679
providing alcohol and drug addiction services ~~included in~~covered	120680
by the medicaid program ~~pursuant to rules adopted under section~~	120681
~~5111.02 of the Revised Code~~.	120682

(B) The director's authority to modify the manner, or to	120683
establish a new manner, for medicaid to pay for the services	120684
specified in division (A) of this section is not limited by any	120685
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	120686
of the Revised Code that are in effect on June 26, 2003, and	120687
govern the way medicaid pays for those services. This is the case	120688
regardless of what state agency adopted the rules.	120689

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

120690

(1) "Aide services" means all of the following:

120691

(a) Home health aide services available under the home health	120692
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	120693

(b) Home care attendant services available under a home and	120694
community-based services medicaid waiver component;	120695

(c) Personal care aide services available under a home and	120696
community-based services medicaid waiver component.	120697

(2) ~~"Home and community-based services medicaid waiver~~	120698
~~component" has the same meaning as in section 5111.85 of the~~	120699
~~Revised Code.~~	120700

~~(3)~~ "Independent provider" means an individual who personally	120701
provides aide services or nursing services and is not employed by,	120702
under contract with, or affiliated with another entity that	120703
provides those services.	120704

~~(4)~~(3) "Nursing services" means all of the following:

120705

(a) Nursing services available under the home health services	120706
benefit pursuant to 42 C.F.R. 440.70(b)(1);	120707

(b) Private duty nursing services as defined in 42 C.F.R.	120708
440.80;	120709

(c) Nursing services available under a home and	120710
community-based services medicaid waiver component.	120711

(B) The department of ~~job and family services~~medicaid shall	120712
do ~~both~~all of the following:	120713

(1) Effective October 1, 2011, reduce the medicaid program's	120714
first-hour-unit price for aide services to ninety-seven per cent	120715
of the price paid on June 30, 2011, and for nursing services to	120716
ninety-five per cent of the price paid on June 30, 2011;	120717

(2) Effective October 1, 2011, pay for a service that is an	120718
aide service or a nursing service provided by an independent	120719
provider eighty per cent of the price it pays for the same service	120720
provided by a provider that is not an independent provider;	120721

(3) Not sooner than July 1, 2012, adjust the medicaid	120722
~~reimbursement~~payment rates for aide services and nursing services	120723
in a manner that reflects, at a minimum, labor market data,	120724
education and licensure status, home health agency and independent	120725
provider status, and length of service visit.	120726

(C) The department shall strive to have the adjustment made	120727
under division (B)(3) of this section go into effect on July 1,	120728
2012. The reductions made under divisions (B)(1) and (2) of this	120729
section shall remain in effect until the adjustment made under	120730
division (B)(3) of this section goes into effect.	120731

~~(D) The director of job and family services shall adopt rules~~	120732
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	120733
~~necessary to implement this section.~~	120734

Sec. 5164.78. (A) The medicaid payment rates for physician,	120735
pregnancy-related, evaluation, and management services provided by	120736
a physician group practice meeting the requirements of division	120737
(B) of this section shall be determined in accordance with rule	120738
5101:3-1-60.1 of the Administrative Code as the rule is in effect	120739
on the day immediately preceding the effective date of this	120740
section.	120741

(B) A physician group practice meets the requirements of this	120742
division if both of the following apply to the practice:	120743

(1) The practice is physically attached to a hospital that	120744
does not provide physician clinic outpatient services and the	120745
practice and hospital have signed a letter of agreement providing	120746
for the practice to provide outpatient hospital clinic services	120747
for the hospital.	120748

(2) The medicaid provider utilization summary for calendar	120749
year 1990 establishes that the practice provided both of the	120750
following that year:	120751

(a) At least forty per cent of the total number of medicaid	120752
physician visits provided in the county in which the practice is	120753
located;	120754

(b) An aggregate total of at least ten per cent of medicaid	120755
physician visits provided in the contiguous counties.	120756

(C) Not later than four years after the effective date of	120757
this section, the department of medicaid shall submit a report	120758
regarding this section to the general assembly in accordance with	120759
section 101.68 of the Revised Code.	120760

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	120761
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	120762
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	120763
any other federal law that requires public notice of proposed	120764
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	120765
~~provided under the~~ medicaid ~~program~~services, the medicaid	120766
director ~~of job and family services~~ shall give public notice in	120767
the register of Ohio of any change to a method or standard used to	120768
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	120769
~~assistance~~a medicaid service.	120770

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	120771
~~services~~medicaid shall not knowingly make a medicaid payment for	120772
a provider-preventable condition for which federal financial	120773
participation is prohibited by regulations adopted under ~~section~~	120774
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	120775
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	120776
~~job and family services shall adopt rules under section 5111.02 of~~	120777
~~the Revised Code as necessary to implement this section.~~	120778

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	120779
"cost-effective" and "group health plan" have the same meanings as	120780
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	120781
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	120782
regulations adopted under that section.	120783

(B) The department of ~~job and family services~~medicaid may	120784
~~submit a medicaid state plan amendment to the United States~~	120785
~~secretary of health and human services for the purpose of~~	120786
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	120787
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	120788
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	120789
individuals in group health plans when the department determines	120790
that enrollment is cost-effective.	120791

~~(C) The director of job and family services may adopt rules~~	120792
~~in accordance with Chapter 119. of the Revised Code as necessary~~	120793
~~to implement this section.~~	120794

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	120795
The medicaid director ~~of job and family services~~ shall establish	120796
a qualified state long-term care insurance partnership program	120797
consistent with the definition of that term in the "Social	120798
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	120799
1396p(b)(1)(C)(iii). An individual participating in the program	120800
who is subject to the medicaid estate recovery program instituted	120801
under section ~~5111.11~~5162.21 of the Revised Code shall be	120802
eligible for the reduced adjustment or recovery under division (D)	120803
of that section.	120804

~~The director of job and family services may adopt rules in~~	120805
~~accordance with Chapter 119. of the Revised Code as necessary to~~	120806
~~implement this section.~~	120807

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	120808
~~services~~ may ~~submit to the United States secretary of health and~~	120809
~~human services an amendment to the medicaid state plan in order to~~	120810
implement within the medicaid program a system under which	120811
medicaid recipients with chronic conditions are provided with	120812
coordinated care through health homes, as authorized by ~~section~~	120813
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	120814
1945, 42 U.S.C. 1396w-4.	120815

~~The director may adopt rules under section 5111.02 of the~~	120816
~~Revised Code to implement this section.~~	120817

Sec. 5164.881. The medicaid director, in consultation with	120818
the director of developmental disabilities, may develop and	120819
implement within the medicaid program a system under which	120820
eligible individuals with chronic conditions, as defined in the	120821
"Social Security Act," section 1945 (h)(1), 42 U.S.C.	120822
1396w-4(h)(1), who also have mental retardation or other	120823
developmental disabilities may receive health home services, as	120824
defined in the "Social Security Act," section 1945 (h)(4), 42	120825
U.S.C. 1396w-4(h)(4). Any such system shall focus on the needs of	120826
individuals and have as its goal improving services and outcomes	120827
under the medicaid program by improving integration of long-term	120828
care services and supportive services with primary and acute	120829
health care services.	120830

In developing any system under this section, the directors	120831
shall consult with representatives of county boards of	120832
developmental disabilities, the Ohio provider resource	120833
association, and the arc of Ohio. The directors may consult with	120834
any other individuals or entities that have an interest in the	120835
well being of individuals with developmental disabilities.	120836

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	120837
~~services~~medicaid may require county departments of job and	120838
family services to provide case management of nonemergency	120839
transportation services provided under the ~~medical assistance~~	120840
medicaid program. County departments shall provide the case	120841
management if required by the department in accordance with rules	120842
adopted ~~by the director of job and family services~~under section	120843
5164.02 of the Revised Code.	120844

The department shall determine, for the purposes of claiming	120845
federal ~~reimbursement under the medical assistance program~~	120846
financial participation, whether it will claim expenditures for	120847
nonemergency transportation services as administrative or program	120848
expenditures.	120849

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	120850
demonstration project" means a money follows the person	120851
demonstration project that the United States secretary of health	120852
and human services is authorized to award under section 6071 of	120853
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	120854
amended).	120855

(B) To the extent funds are available under an MFP	120856
demonstration project awarded to the department of ~~job and family~~	120857
~~services~~medicaid, the director of ~~job and family services~~	120858
medicaid may operate the helping Ohioans move, expanding (HOME)	120859
choice demonstration component of the medicaid program to	120860
transition medicaid recipients who qualify for the demonstration	120861
component to community settings. ~~The director may adopt rules in~~	120862
~~accordance with Chapter 119. of the Revised Code for the~~	120863
~~administration and operation of the demonstration component.~~	120864

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	120865
~~section 5111.982 of the Revised Code:~~	120866

~~"Dual eligible individual" has the same meaning as in the~~	120867
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	120868
~~1396n(h)(2)(B).~~	120869

~~"Medicare" means the program created in the "Social Security~~	120870
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	120871

~~(B) Subject to division (C) of this section, the medical~~	120872
~~assistance~~The medicaid director may implement a demonstration	120873
project called the integrated care delivery system to test and	120874
evaluate the integration of the care that dual eligible	120875
individuals receive under medicare and medicaid. No provision of	120876
Title LI of the Revised Code applies to the integrated care	120877
delivery system if that provision implements or incorporates a	120878
provision of federal law governing medicaid and that provision of	120879
federal law does not apply to the system.	120880

~~(C) Before implementing the integrated care delivery system~~	120881
~~under division (B) of this section, the director shall obtain the~~	120882
~~approval of the United States secretary of health and human~~	120883
~~services in the form of a federal medicaid waiver, medicaid state~~	120884
~~plan amendment, or demonstration grant. The director is required~~	120885
~~to seek the federal approval only if the director seeks to~~	120886
~~implement the integrated care delivery system. The director shall~~	120887
~~implement the integrated care delivery system in accordance with~~	120888
~~the terms of the federal approval, including the terms regarding~~	120889
~~the duration of the system.~~	120890

Sec. 5164.911. (A) If the medicaid director implements the	120891
integrated care delivery system and except as provided in division	120892
(D) of this section, the director shall annually evaluate all of	120893
the following:	120894

(1) The health outcomes of ICDS participants;

120895

(2) How changes to the administration of the ICDS affect all	120896
of the following:	120897

(a) Claims processing;

120898

(b) The appeals process;

120899

120900

(d) Prior authorization requests for services.

120901

(3) The provider panel selection process used by medicaid	120902
managed care organizations participating in the ICDS.	120903

(B) When conducting an evaluation under division (A) of this	120904
section, the director shall do all of the following:	120905

(1) For the purpose of division (A)(1) of this section, do	120906
both of the following:	120907

(a) Compare the health outcomes of ICDS participants to the	120908
health outcomes of individuals who are not ICDS participants;	120909

(b) Use both of the following:

120910

(i) A control group consisting of ICDS participants who	120911
receive health care services from providers not participating in	120912
ICDS;	120913

(ii) A control group consisting of ICDS participants who	120914
receive health care services from alternative providers that are	120915
not part of a participating medicaid managed care organization's	120916
provider panel but provide health care services in the geographic	120917
service area in which ICDS participants receive health care	120918
services.	120919

(2) For the purpose of division (A)(2) of this section, do	120920
all of the following:	120921

(a) To the extent the data is available, use data from all of	120922
the following:	120923

(i) The fee-for-service component of the medicaid program;

120924

(ii) Medicaid managed care organizations;

120925

(iii) Managed care organizations participating in the	120926
medicare advantage program established under Part C of Title XVIII	120927
of the "Social Security Act," 42 U.S.C. 1395w-21 et seq.	120928

(b) Identify all of the following:

120929

(i) Changes in the amount of time it takes to process claims	120930
and the number of claims denied and the reasons for the changes;	120931

(ii) The impact that changes to the administration of the	120932
ICDS had on the appeals process and number of reassessments	120933
requested;	120934

(iii) The number of prior authorization denials that were	120935
overturned and the reasons for the overturned denials.	120936

(3) Require medicaid managed care organizations participating	120937
in the ICDS to submit to the director any data the director needs	120938
for the evaluation.	120939

(C) Not later than the first day of each July, the director	120940
shall complete a report of the evaluation conducted under this	120941
section. The director shall provide a copy of the report to the	120942
general assembly in accordance with section 101.68 of the Revised	120943
Code and make the report available to the public.	120944

(D) The director is not required to conduct an evaluation	120945
under this section for a year if the same evaluation is conducted	120946
for that year by an organization under contract with the United	120947
States department of health and human services.	120948

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	120949
diagnostic imaging services" means magnetic resonance imaging	120950
services, computed tomography services, positron emission	120951
tomography services, cardiac nuclear medicine services, and	120952
similar imaging services.	120953

~~Not later than January 1, 2010, the~~The department of ~~job and~~	120954
~~family services~~medicaid shall implement evidence-based, best	120955
practice guidelines or protocols and decision support tools for	120956
advanced diagnostic imaging services ~~available under~~covered by	120957
the fee-for-service component of the medicaid program.	120958

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	120959
~~services~~medicaid may establish a program under which it provides	120960
incentive payments, as authorized by the "~~Health Information~~	120961
~~Technology for Economic and Clinical Health~~Social Security Act,"	120962
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	120963
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	120964
and use of electronic health record technology by medicaid	120965
providers who are identified under that federal law as eligible	120966
professionals.	120967

(B) After the department has made a determination regarding	120968
the amount of a medicaid provider's electronic health record	120969
incentive payment or the denial of an incentive payment, the	120970
department shall notify the provider. The provider may request	120971
that the department reconsider its determination.	120972

A request for reconsideration shall be submitted in writing	120973
to the department not later than fifteen days after the provider	120974
receives notification of the determination. The request shall be	120975
accompanied by written materials setting forth the basis for, and	120976
supporting, the reconsideration request.	120977

On receipt of a timely request, the department shall	120978
reconsider the determination. On the basis of the written	120979
materials accompanying the request, the department may uphold,	120980
reverse, or modify its original determination. The department	120981
shall mail to the provider by certified mail a written notice of	120982
the reconsideration decision.	120983

In accordance with Chapter 2505. of the Revised Code, the	120984
medicaid provider may appeal the reconsideration decision by	120985
filing a notice of appeal with the court of common pleas of	120986
Franklin county. The notice shall identify the decision being	120987
appealed and the specific grounds for the appeal. The notice of	120988
appeal shall be filed not later than fifteen days after the	120989
department mails its notice of the reconsideration decision. A	120990
copy of the notice of appeal shall be filed with the department	120991
not later than three days after the notice is filed with the	120992
court.	120993

(C) The medicaid director ~~of job and family services~~ may	120994
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	120995
of the Revised Code as necessary to implement this section. The	120996
rules, if any, shall be adopted in accordance with Chapter 119. of	120997
the Revised Code.	120998

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	120999
~~5111.331 of the Revised Code~~this chapter:	121000

(A) "Affiliated operator" means an operator affiliated with	121001
either of the following:	121002

(1) The exiting operator for whom the affiliated operator is	121003
to assume liability for the entire amount of the exiting	121004
operator's debt under the medicaid program or the portion of the	121005
debt that represents the franchise permit fee the exiting operator	121006
owes;	121007

(2) The entering operator involved in the change of operator	121008
with the exiting operator specified in division (A)(1) of this	121009
section.	121010

(B) "Allowable costs" are ~~those~~a nursing facility's costs	121011
~~determined by~~that the department of ~~job and family services to be~~	121012
medicaid determines are reasonable ~~and do not include fines~~. Fines	121013
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	121014
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	121015

~~(B)~~(C) "Ancillary and support costs" means all reasonable	121016
costs incurred by a nursing facility other than direct care costs,	121017
tax costs, or capital costs. "Ancillary and support costs"	121018
includes, but is not limited to, costs of activities, social	121019
services, pharmacy consultants, habilitation supervisors,	121020
qualified mental retardation professionals, program directors,	121021
medical and habilitation records, program supplies, incontinence	121022
supplies, food, enterals, dietary supplies and personnel, laundry,	121023
housekeeping, security, administration, medical equipment,	121024
utilities, liability insurance, bookkeeping, purchasing	121025
department, human resources, communications, travel, dues, license	121026
fees, subscriptions, home office costs not otherwise allocated,	121027
legal services, accounting services, minor equipment, maintenance	121028
and repairs, help-wanted advertising, informational advertising,	121029
start-up costs, organizational expenses, other interest, property	121030
insurance, employee training and staff development, employee	121031
benefits, payroll taxes, and workers' compensation premiums or	121032
costs for self-insurance claims and related costs as specified in	121033
rules adopted ~~by the director of job and family services~~ under	121034
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	121035
in this division. "Ancillary and support costs" also means the	121036
cost of equipment, including vehicles, acquired by operating lease	121037
executed before December 1, 1992, if the costs are reported as	121038
administrative and general costs on the nursing facility's cost	121039
report for the cost reporting period ending December 31, 1992.	121040

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	121041
~~the case of an intermediate care facility for the mentally~~	121042
~~retarded, costs of nonextensive renovation~~the actual expense	121043
incurred by a nursing facility for all of the following:	121044

(a) Depreciation and interest on any capital assets that cost	121045
five hundred dollars or more per item, including the following:	121046

(i) Buildings;

121047

(ii) Building improvements;

121048

(iii) Except as provided in division (C) of this section,	121049
equipment;	121050

(iv) Transportation equipment.

121051

(b) Amortization and interest on land improvements and	121052
leasehold improvements;	121053

121054

(d) Lease and rent of land, buildings, and equipment.

121055

(2) The costs of capital assets of less than five hundred	121056
dollars per item may be considered capital costs in accordance	121057
with a provider's practice.	121058

~~(1) "Cost of ownership" means the actual expense incurred for~~	121059
~~all of the following:~~	121060

~~(a) Depreciation and interest on any capital assets that cost~~	121061
~~five hundred dollars or more per item, including the following:~~	121062

~~(i) Buildings;~~

121063

~~(ii) Building improvements that are not approved as~~	121064
~~nonextensive renovations under section 5111.251 of the Revised~~	121065
~~Code;~~	121066

~~(iii) Except as provided in division (B) of this section,~~	121067
~~equipment;~~	121068

~~(iv) In the case of an intermediate care facility for the~~	121069
~~mentally retarded, extensive renovations;~~	121070

~~(v) Transportation equipment.~~

121071

~~(b) Amortization and interest on land improvements and~~	121072
~~leasehold improvements;~~	121073

~~(c) Amortization of financing costs;~~

121074

~~(d) Except as provided in division (K) of this section, lease~~	121075
~~and rent of land, building, and equipment.~~	121076

~~The costs of capital assets of less than five hundred dollars~~	121077
~~per item may be considered capital costs in accordance with a~~	121078
~~provider's practice.~~	121079

~~(2) "Costs of nonextensive renovation" means the actual~~	121080
~~expense incurred by an intermediate care facility for the mentally~~	121081
~~retarded for depreciation or amortization and interest on~~	121082
~~renovations that are not extensive renovations.~~	121083

~~(D)~~(E) "Capital lease" and "operating lease" shall be	121084
construed in accordance with generally accepted accounting	121085
principles.	121086

~~(E) "Case-mix score" means the measure determined under~~	121087
~~section 5111.232 of the Revised Code of the relative direct-care~~	121088
~~resources needed to provide care and habilitation to a resident of~~	121089
~~a nursing facility or intermediate care facility for the mentally~~	121090
~~retarded.~~	121091

(F) "Case-mix score" means a measure determined under section	121092
5165.192 of the Revised Code of the relative direct-care resources	121093
needed to provide care and habilitation to a nursing facility	121094
resident.	121095

(G) "Change of operator" means an entering operator becoming	121096
the operator of a nursing facility in the place of the exiting	121097
operator.	121098

(1) Actions that constitute a change of operator include the	121099
following:	121100

(a) A change in an exiting operator's form of legal	121101
organization, including the formation of a partnership or	121102
corporation from a sole proprietorship;	121103

(b) A transfer of all the exiting operator's ownership	121104
interest in the operation of the nursing facility to the entering	121105
operator, regardless of whether ownership of any or all of the	121106
real property or personal property associated with the nursing	121107
facility is also transferred;	121108

(c) A lease of the nursing facility to the entering operator	121109
or the exiting operator's termination of the exiting operator's	121110
lease;	121111

(d) If the exiting operator is a partnership, dissolution of	121112
the partnership;	121113

(e) If the exiting operator is a partnership, a change in	121114
composition of the partnership unless both of the following apply:	121115

(i) The change in composition does not cause the	121116
partnership's dissolution under state law.	121117

(ii) The partners agree that the change in composition does	121118
not constitute a change in operator.	121119

(f) If the operator is a corporation, dissolution of the	121120
corporation, a merger of the corporation into another corporation	121121
that is the survivor of the merger, or a consolidation of one or	121122
more other corporations to form a new corporation.	121123

(2) The following, alone, do not constitute a change of	121124
operator:	121125

(a) A contract for an entity to manage a nursing facility as	121126
the operator's agent, subject to the operator's approval of daily	121127
operating and management decisions;	121128

(b) A change of ownership, lease, or termination of a lease	121129
of real property or personal property associated with a nursing	121130
facility if an entering operator does not become the operator in	121131
place of an exiting operator;	121132

(c) If the operator is a corporation, a change of one or more	121133
members of the corporation's governing body or transfer of	121134
ownership of one or more shares of the corporation's stock, if the	121135
same corporation continues to be the operator.	121136

(H) "Cost center" means the following:

121137

(1) Ancillary and support costs;

121138

(2) Capital costs;

121139

(3) Direct care costs;

121140

(4) Tax costs.

121141

(I) "Custom wheelchair" means a wheelchair to which both of	121142
the following apply:	121143

(1) It has been measured, fitted, or adapted in consideration	121144
of either of the following:	121145

(a) The body size or disability of the individual who is to	121146
use the wheelchair;	121147

(b) The individual's period of need for, or intended use of,	121148
the wheelchair.	121149

(2) It has customized features, modifications, or components,	121150
such as adaptive seating and positioning systems, that the	121151
supplier who assembled the wheelchair, or the manufacturer from	121152
which the wheelchair was ordered, added or made in accordance with	121153
the instructions of the physician of the individual who is to use	121154
the wheelchair.	121155

(J)(1) "Date of licensure," ~~for a~~means the following:

121156

(a) In the case of a nursing facility ~~originally~~that was	121157
required by law to be licensed as a nursing home under Chapter	121158
3721. of the Revised Code when it originally began to be operated	121159
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	121160
facility was originally so licensed ~~as nursing home beds under~~	121161
~~that chapter, regardless of whether they were subsequently~~	121162
~~licensed as residential facility beds under section 5123.19 of the~~	121163
~~Revised Code. For a facility originally licensed as a residential~~	121164
~~facility under section 5123.19 of the Revised Code, "date of~~	121165
~~licensure" means the date specific beds were originally licensed~~	121166
~~as residential facility beds under that section.~~;	121167

If(b) In the case of a nursing ~~home beds licensed under~~	121168
~~Chapter 3721. of the Revised Code or residential facility beds~~	121169
~~licensed under section 5123.19 of the Revised Code were~~facility	121170
that was not required by law to be licensed as a nursing home when	121171
~~they were~~it originally ~~used to provide~~began to be operated as a	121172
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	121173
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	121174
operated as a nursing home ~~or residential facility services~~,	121175
regardless of the date the ~~present provider obtained licensure~~	121176
nursing facility was first licensed as a nursing home.	121177

(2) If ~~a facility adds~~, after a nursing facility's original	121178
date of licensure, more nursing home beds ~~or residential facility~~	121179
~~beds or extensively renovatesall or part of the facility after~~	121180
~~its original date of licensure~~are added to the nursing facility,	121181
~~it will have~~the nursing facility has a different date of	121182
licensure for the additional beds ~~or extensively renovated portion~~	121183
~~of the facility, unless the beds are added in a space~~. This does	121184
not apply, however, to additional beds when both of the following	121185
apply:	121186

(a) The additional beds are located in a part of the nursing	121187
facility that was constructed at the same time as the ~~previously~~	121188
~~licensed~~continuing beds ~~but~~already located in that part of the	121189
nursing facility;	121190

(b) The part of the nursing facility in which the additional	121191
beds are located was constructed as part of the nursing facility	121192
at a time when the nursing facility was not required by law to be	121193
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	121194
~~Code at that time~~as a nursing home.	121195

~~(2)~~(3) The definition of "date of licensure" in this section	121196
applies in determinations of ~~the~~nursing facilities' medicaid	121197
~~reimbursement rate for a nursing facility or intermediate care~~	121198
~~facility for the mentally retarded~~payment rates but does not	121199
apply in determinations of ~~the~~nursing facilities' franchise	121200
permit ~~fee for a nursing facility or intermediate care facility~~	121201
~~for the mentally retarded~~fees.	121202

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	121203
as reported on a cost report submitted under section ~~5111.26~~	121204
5165.10 of the Revised Code have been subjected to a desk review	121205
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	121206
and preliminarily determined to be allowable costs.	121207

~~(H)~~(L) "Direct care costs" means all of the following costs	121208
incurred by a nursing facility:	121209

(1)~~(a)~~ Costs for registered nurses, licensed practical	121210
nurses, and nurse aides employed by the nursing facility;	121211

~~(b)~~(2) Costs for direct care staff, administrative nursing	121212
staff, medical directors, respiratory therapists, and except as	121213
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	121214
holding degrees qualifying them to provide therapy;	121215

~~(c)~~(3) Costs of purchased nursing services;

121216

~~(d)~~(4) Costs of quality assurance;

121217

~~(e)~~(5) Costs of training and staff development, employee	121218
benefits, payroll taxes, and workers' compensation premiums or	121219
costs for self-insurance claims and related costs as specified in	121220
rules adopted ~~by the director of job and family services in~~	121221
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	121222
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	121223
~~(d)~~(4), and (8) of this section;	121224

~~(f)~~(6) Costs of consulting and management fees related to	121225
direct care;	121226

~~(g)~~(7) Allocated direct care home office costs.

121227

~~(2) In addition to the costs specified in division (H)(1) of~~	121228
~~this section, for nursing facilities only, direct care costs~~	121229
~~include costs~~;	121230

(8) Costs of habilitation staff (other than habilitation	121231
supervisors), medical supplies, emergency oxygen, over-the-counter	121232
pharmacy products, behavioral and mental health services, physical	121233
therapists, physical therapy assistants, occupational therapists,	121234
occupational therapy assistants, speech therapists, audiologists,	121235
habilitation supplies, ~~wheelchairs, resident transportation,~~ and	121236
universal precautions supplies.;	121237

~~(3) In addition to the costs specified in division (H)(1) of~~	121238
~~this section, for intermediate care facilities for the mentally~~	121239
~~retarded only, direct care costs include both of the following:~~	121240

~~(a) Costs for physical therapists and physical therapy~~	121241
~~assistants, occupational therapists and occupational therapy~~	121242
~~assistants, speech therapists, audiologists, habilitation staff~~	121243
~~(including habilitation supervisors), qualified mental retardation~~	121244
~~professionals, program directors, social services staff,~~	121245
~~activities staff, off-site day programming, psychologists and~~	121246
~~psychology assistants, and social workers and counselors;~~	121247

~~(b) Costs of training and staff development, employee~~	121248
~~benefits, payroll taxes, and workers' compensation premiums or~~	121249
~~costs for self-insurance claims and related costs as specified in~~	121250
~~rules adopted under section 5111.02 of the Revised Code, for~~	121251
~~personnel listed in division (H)(3)(a) of this section.~~	121252

~~(4)~~(9) Until January 1, 2014, costs of oxygen, wheelchairs,	121253
and resident transportation;	121254

(10) Beginning January 1, 2014, costs of both of the	121255
following:	121256

(a) Emergency oxygen;

121257

(b) Wheelchairs other than the following:

121258

(i) Custom wheelchairs;

121259

(ii) Repairs to and replacements of custom wheelchairs and	121260
parts that are made in accordance with the instructions of the	121261
physician of the individual who uses the custom wheelchair.	121262

(11) Costs of other direct-care resources that are specified	121263
as direct care costs in rules adopted under section ~~5111.02~~	121264
5165.02 of the Revised Code.	121265

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	121266
section 5160.01 of the Revised Code.	121267

(N) "Effective date of a change of operator" means the day	121268
the entering operator becomes the operator of the nursing	121269
facility.	121270

(O) "Effective date of a facility closure" means the last day	121271
that the last of the residents of the nursing facility resides in	121272
the nursing facility.	121273

(P) "Effective date of an involuntary termination" means the	121274
date the department of medicaid terminates the operator's provider	121275
agreement for the nursing facility.	121276

(Q) "Effective date of a voluntary withdrawal of	121277
participation" means the day the nursing facility ceases to accept	121278
new medicaid residents other than the individuals who reside in	121279
the nursing facility on the day before the effective date of the	121280
voluntary withdrawal of participation.	121281

(R) "Entering operator" means the person or government entity	121282
that will become the operator of a nursing facility when a change	121283
of operator occurs or following an involuntary termination.	121284

(S) "Exiting operator" means any of the following:

121285

(1) An operator that will cease to be the operator of a	121286
nursing facility on the effective date of a change of operator;	121287

(2) An operator that will cease to be the operator of a	121288
nursing facility on the effective date of a facility closure;	121289

(3) An operator of a nursing facility that is undergoing or	121290
has undergone a voluntary withdrawal of participation;	121291

(4) An operator of a nursing facility that is undergoing or	121292
has undergone an involuntary termination.	121293

(T)(1) Subject to divisions (T)(2) and (3) of this section,	121294
"facility closure" means either of the following:	121295

(a) Discontinuance of the use of the building, or part of the	121296
building, that houses the facility as a nursing facility that	121297
results in the relocation of all of the nursing facility's	121298
residents;	121299

(b) Conversion of the building, or part of the building, that	121300
houses a nursing facility to a different use with any necessary	121301
license or other approval needed for that use being obtained and	121302
one or more of the nursing facility's residents remaining in the	121303
building, or part of the building, to receive services under the	121304
new use.	121305

(2) A facility closure occurs regardless of any of the	121306
following:	121307

(a) The operator completely or partially replacing the	121308
nursing facility by constructing a new nursing facility or	121309
transferring the nursing facility's license to another nursing	121310
facility;	121311

(b) The nursing facility's residents relocating to another of	121312
the operator's nursing facilities;	121313

(c) Any action the department of health takes regarding the	121314
nursing facility's medicaid certification that may result in the	121315
transfer of part of the nursing facility's survey findings to	121316
another of the operator's nursing facilities;	121317

(d) Any action the department of health takes regarding the	121318
nursing facility's license under Chapter 3721. of the Revised	121319
Code.	121320

(3) A facility closure does not occur if all of the nursing	121321
facility's residents are relocated due to an emergency evacuation	121322
and one or more of the residents return to a medicaid-certified	121323
bed in the nursing facility not later than thirty days after the	121324
evacuation occurs.	121325

(U) "Fiscal year" means the fiscal year of this state, as	121326
specified in section 9.34 of the Revised Code.	121327

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

121328

~~(1) In the context of nursing facilities,~~ the fee imposed by	121329
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	121330

~~(2) In the context of intermediate care facilities for the~~	121331
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	121332
~~of the Revised Code~~.	121333

~~(K) "Indirect care costs" means all reasonable costs incurred~~	121334
~~by an intermediate care facility for the mentally retarded other~~	121335
~~than direct care costs, other protected costs, or capital costs.~~	121336
~~"Indirect care costs" includes but is not limited to costs of~~	121337
~~habilitation supplies, pharmacy consultants, medical and~~	121338
~~habilitation records, program supplies, incontinence supplies,~~	121339
~~food, enterals, dietary supplies and personnel, laundry,~~	121340
~~housekeeping, security, administration, liability insurance,~~	121341
~~bookkeeping, purchasing department, human resources,~~	121342
~~communications, travel, dues, license fees, subscriptions, home~~	121343
~~office costs not otherwise allocated, legal services, accounting~~	121344
~~services, minor equipment, maintenance and repairs, help-wanted~~	121345
~~advertising, informational advertising, start-up costs,~~	121346
~~organizational expenses, other interest, property insurance,~~	121347
~~employee training and staff development, employee benefits,~~	121348
~~payroll taxes, and workers' compensation premiums or costs for~~	121349
~~self-insurance claims and related costs as specified in rules~~	121350
~~adopted under section 5111.02 of the Revised Code, for personnel~~	121351
~~listed in this division. Notwithstanding division (C)(1) of this~~	121352
~~section, "indirect care costs" also means the cost of equipment,~~	121353
~~including vehicles, acquired by operating lease executed before~~	121354
~~December 1, 1992, if the costs are reported as administrative and~~	121355
~~general costs on the facility's cost report for the cost reporting~~	121356
~~period ending December 31, 1992.~~	121357

~~(L)~~(W) "Inpatient days" means ~~the following:~~

121358

~~(1) In the context of a nursing facility,~~ both of the	121359
following:	121360

~~(a)~~(1) All days during which a resident, regardless of	121361
payment source, occupies a bed in a nursing facility that is	121362
included in the nursing facility's ~~certified~~medicaid-certified	121363
capacity ~~under Title XIX~~;	121364

~~(b)~~(2) Fifty per cent of the days for which payment is made	121365
under section ~~5111.331~~5165.34 of the Revised Code.	121366

~~(2) In the context of an intermediate care facility for the~~	121367
~~mentally retarded, both of the following:~~	121368

~~(a) All days during which a resident, regardless of payment~~	121369
~~source, occupies a bed in an intermediate care facility for the~~	121370
~~mentally retarded that is included in the facility's certified~~	121371
~~capacity under Title XIX;~~	121372

~~(b) All days for which payment is made under section 5111.33~~	121373
~~of the Revised Code.~~	121374

~~(M) "Intermediate care facility for the mentally retarded"~~	121375
~~means an intermediate care facility for the mentally retarded~~	121376
~~certified as in compliance with applicable standards for the~~	121377
~~medicaid program by the director of health in accordance with~~	121378
~~Title XIX.~~	121379

~~(N)~~(X) "Involuntary termination" means the department of	121380
medicaid's termination of the operator's provider agreement for	121381
the nursing facility when the termination is not taken at the	121382
operator's request.	121383

(Y) "Low resource utilization resident" means a medicaid	121384
recipient residing in a nursing facility who, for purposes of	121385
calculating the nursing facility's medicaid payment rate for	121386
direct care costs, is placed in either of the two lowest resource	121387
utilization groups, excluding any resource utilization group that	121388
is a default group used for residents with incomplete assessment	121389
data.	121390

(Z) "Maintenance and repair expenses" means~~, except as~~	121391
~~provided in division (BB)(2) of this section,~~a nursing facility's	121392
expenditures that are necessary and proper to maintain an asset in	121393
a normally efficient working condition and that do not extend the	121394
useful life of the asset two years or more. "Maintenance and	121395
repair expenses" includes but is not limited to the ~~cost~~costs of	121396
ordinary repairs such as painting and wallpapering.	121397

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	121398
nursing facility's beds that are certified for participation in	121399
medicaid as nursing facility beds.	121400

(BB) "Medicaid days" means ~~the following:~~

121401

~~(1) In the context of a nursing facility,~~ both of the	121402
following:	121403

~~(a)~~(1) All days during which a resident who is a medicaid	121404
recipient eligible for nursing facility services occupies a bed in	121405
a nursing facility that is included in the nursing facility's	121406
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	121407

~~(b)~~(2) Fifty per cent of the days for which payment is made	121408
under section ~~5111.331~~5165.34 of the Revised Code.	121409

~~(2) In the context of an intermediate care facility for the~~	121410
~~mentally retarded, both of the following:~~	121411

~~(a) All days during which a resident who is a medicaid~~	121412
~~recipient eligible for intermediate care facility for the mentally~~	121413
~~retarded services occupies a bed in an intermediate care facility~~	121414
~~for the mentally retarded that is included in the facility's~~	121415
~~certified capacity under Title XIX;~~	121416

~~(b) All days for which payment is made under section 5111.33~~	121417
~~of the Revised Code.~~	121418

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	121419
for which the provider obtains an initial provider agreement	121420
following medicaid certification of the nursing facility by the	121421
director of health, including such a nursing facility that	121422
replaces one or more nursing facilities for which a provider	121423
previously held a provider agreement.	121424

(2) "New nursing facility" does not mean a nursing facility	121425
for which the entering operator seeks a provider agreement	121426
pursuant to section 5165.511 or 5165.512 or (pursuant to section	121427
5165.515) section 5165.07 of the Revised Code.	121428

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	121429
~~of a facility, that is certified as a nursing facility by the~~	121430
~~director of health in accordance with Title XIX and is not an~~	121431
~~intermediate care facility for the mentally retarded. "Nursing~~	121432
~~facility" includes a facility, or a distinct part of a facility,~~	121433
~~that is certified as a nursing facility by the director of health~~	121434
~~in accordance with Title XIX and is certified as a skilled nursing~~	121435
~~facility by the director in accordance with Title XVIII~~has the	121436
same meaning as in the "Social Security Act," section 1919(a), 42	121437
U.S.C. 1396r(a).	121438

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	121439
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	121440

(FF) "Nursing home" has the same meaning as in section	121441
3721.01 of the Revised Code.	121442

(GG) "Operator" means the person or government entity	121443
responsible for the daily operating and management decisions for a	121444
nursing facility ~~or intermediate care facility for the mentally~~	121445
~~retarded~~.	121446

~~(R) "Other protected costs" means costs incurred by an~~	121447
~~intermediate care facility for the mentally retarded for medical~~	121448
~~supplies; real estate, franchise, and property taxes; natural gas,~~	121449
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	121450
~~medical waste collection; allocated other protected home office~~	121451
~~costs; and any additional costs defined as other protected costs~~	121452
~~in rules adopted under section 5111.02 of the Revised Code.~~	121453

~~(S)~~(HH)(1) "Owner" means any person or government entity that	121454
has at least five per cent ownership or interest, either directly,	121455
indirectly, or in any combination, in any of the following	121456
regarding a nursing facility ~~or intermediate care facility for the~~	121457
~~mentally retarded~~:	121458

(a) The land on which the nursing facility is located;

121459

(b) The structure in which the nursing facility is located;

121460

(c) Any mortgage, contract for deed, or other obligation	121461
secured in whole or in part by the land or structure on or in	121462
which the nursing facility is located;	121463

(d) Any lease or sublease of the land or structure on or in	121464
which the nursing facility is located.	121465

(2) "Owner" does not mean a holder of a debenture or bond	121466
related to the nursing facility ~~or intermediate care facility for~~	121467
~~the mentally retarded~~ and purchased at public issue or a regulated	121468
lender that has made a loan related to the nursing facility unless	121469
the holder or lender operates the nursing facility directly or	121470
through a subsidiary.	121471

~~(T) "Patient" includes "resident."~~

121472

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	121473
~~section, "per~~(II) "Per diem" means a nursing facility's or	121474
~~intermediate care facility for the mentally retarded's~~ actual,	121475
allowable costs in a given cost center in a cost reporting period,	121476
divided by the nursing facility's inpatient days for that cost	121477
reporting period.	121478

~~(1) When calculating indirect care costs for the purpose of~~	121479
~~establishing rates under section 5111.241 of the Revised Code,~~	121480
~~"per diem" means an intermediate care facility for the mentally~~	121481
~~retarded's actual, allowable indirect care costs in a cost~~	121482
~~reporting period divided by the greater of the facility's~~	121483
~~inpatient days for that period or the number of inpatient days the~~	121484
~~facility would have had during that period if its occupancy rate~~	121485
~~had been eighty-five per cent.~~	121486

~~(2) When calculating capital costs for the purpose of~~	121487
~~establishing rates under section 5111.251 of the Revised Code,~~	121488
~~"per diem" means a facility's actual, allowable capital costs in a~~	121489
~~cost reporting period divided by the greater of the facility's~~	121490
~~inpatient days for that period or the number of inpatient days the~~	121491
~~facility would have had during that period if its occupancy rate~~	121492
~~had been ninety-five per cent.~~	121493

~~(V)~~(JJ) "Provider" means an operator with a provider	121494
agreement.	121495

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	121496
agreement, as defined in section 5164.01 of the Revised Code, that	121497
is between the department of ~~job and family services~~medicaid and	121498
the operator of a nursing facility ~~or intermediate care facility~~	121499
~~for the mentally retarded~~ for the provision of nursing facility	121500
services ~~or intermediate care facility services for the mentally~~	121501
~~retarded~~ under the medicaid program.	121502

~~(X)~~(LL) "Purchased nursing services" means services that are	121503
provided in a nursing facility by registered nurses, licensed	121504
practical nurses, or nurse aides who are not employees of the	121505
nursing facility.	121506

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	121507
is appropriate and helpful to develop and maintain the operation	121508
of patient care facilities and activities, including normal	121509
standby costs, and that does not exceed what a prudent buyer pays	121510
for a given item or services. Reasonable costs may vary from	121511
provider to provider and from time to time for the same provider.	121512

~~(Z)~~(NN) "Related party" means an individual or organization	121513
that, to a significant extent, has common ownership with, is	121514
associated or affiliated with, has control of, or is controlled	121515
by, the provider.	121516

(1) An individual who is a relative of an owner is a related	121517
party.	121518

(2) Common ownership exists when an individual or individuals	121519
possess significant ownership or equity in both the provider and	121520
the other organization. Significant ownership or equity exists	121521
when an individual or individuals possess five per cent ownership	121522
or equity in both the provider and a supplier. Significant	121523
ownership or equity is presumed to exist when an individual or	121524
individuals possess ten per cent ownership or equity in both the	121525
provider and another organization from which the provider	121526
purchases or leases real property.	121527

(3) Control exists when an individual or organization has the	121528
power, directly or indirectly, to significantly influence or	121529
direct the actions or policies of an organization.	121530

(4) An individual or organization that supplies goods or	121531
services to a provider shall not be considered a related party if	121532
all of the following conditions are met:	121533

(a) The supplier is a separate bona fide organization.

121534

(b) A substantial part of the supplier's business activity of	121535
the type carried on with the provider is transacted with others	121536
than the provider and there is an open, competitive market for the	121537
types of goods or services the supplier furnishes.	121538

(c) The types of goods or services are commonly obtained by	121539
other nursing facilities ~~or intermediate care facilities for the~~	121540
~~mentally retarded~~ from outside organizations and are not a basic	121541
element of patient care ordinarily furnished directly to patients	121542
by ~~the~~nursing facilities.	121543

(d) The charge to the provider is in line with the charge for	121544
the goods or services in the open market and no more than the	121545
charge made under comparable circumstances to others by the	121546
supplier.	121547

~~(AA)~~(OO) "Relative of owner" means an individual who is	121548
related to an owner of a nursing facility ~~or intermediate care~~	121549
~~facility for the mentally retarded~~ by one of the following	121550
relationships:	121551

(1) Spouse;

121552

(2) Natural parent, child, or sibling;

121553

(3) Adopted parent, child, or sibling;

121554

(4) Stepparent, stepchild, stepbrother, or stepsister;

121555

(5) Father-in-law, mother-in-law, son-in-law,	121556
daughter-in-law, brother-in-law, or sister-in-law;	121557

(6) Grandparent or grandchild;

121558

(7) Foster caregiver, foster child, foster brother, or foster	121559
sister.	121560

~~(BB) "Renovation" and "extensive renovation" mean:~~

121561

~~(1) Any betterment, improvement, or restoration of an~~	121562
~~intermediate care facility for the mentally retarded started~~	121563
~~before July 1, 1993, that meets the definition of a renovation or~~	121564
~~extensive renovation established in rules adopted by the director~~	121565
~~of job and family services in effect on December 22, 1992.~~	121566

~~(2) In the case of betterments, improvements, and~~	121567
~~restorations of intermediate care facilities for the mentally~~	121568
~~retarded started on or after July 1, 1993:~~	121569

~~(a) "Renovation" means the betterment, improvement, or~~	121570
~~restoration of an intermediate care facility for the mentally~~	121571
~~retarded beyond its current functional capacity through a~~	121572
~~structural change that costs at least five hundred dollars per~~	121573
~~bed. A renovation may include betterment, improvement,~~	121574
~~restoration, or replacement of assets that are affixed to the~~	121575
~~building and have a useful life of at least five years. A~~	121576
~~renovation may include costs that otherwise would be considered~~	121577
~~maintenance and repair expenses if they are an integral part of~~	121578
~~the structural change that makes up the renovation project.~~	121579
~~"Renovation" does not mean construction of additional space for~~	121580
~~beds that will be added to a facility's licensed or certified~~	121581
~~capacity.~~	121582

~~(b) "Extensive renovation" means a renovation that costs more~~	121583
~~than sixty-five per cent and no more than eighty-five per cent of~~	121584
~~the cost of constructing a new bed and that extends the useful~~	121585
~~life of the assets for at least ten years.~~	121586

~~For the purposes of division (BB)(2) of this section, the~~	121587
~~cost of constructing a new bed shall be considered to be forty~~	121588
~~thousand dollars, adjusted for the estimated rate of inflation~~	121589
~~from January 1, 1993, to the end of the calendar year during which~~	121590
~~the renovation is completed, using the consumer price index for~~	121591
~~shelter costs for all urban consumers for the north central~~	121592
~~region, as published by the United States bureau of labor~~	121593
~~statistics.~~	121594

~~The department of job and family services may treat a~~	121595
~~renovation that costs more than eighty-five per cent of the cost~~	121596
~~of constructing new beds as an extensive renovation if the~~	121597
~~department determines that the renovation is more prudent than~~	121598
~~construction of new beds.~~	121599

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	121600
in section 3721.10 of the Revised Code.	121601

(QQ) "Skilled nursing facility" has the same meaning as in	121602
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	121603

(RR) "Sponsor" has the same meaning as in section 3721.10 of	121604
the Revised Code.	121605

(SS) "Tax costs" means the costs of taxes imposed under	121606
Chapter 5751. of the Revised Code, real estate taxes, personal	121607
property taxes, and corporate franchise taxes.	121608

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	121609
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	121610

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	121611
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	121612
seq.	121613

(VV) "Voluntary withdrawal of participation" means an	121614
operator's voluntary election to terminate the participation of a	121615
nursing facility in the medicaid program but to continue to	121616
provide service of the type provided by a nursing facility.	121617

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	121618
division (B) of this section, whenever "skilled nursing facility,"	121619
"intermediate care facility," or "dual skilled nursing and	121620
intermediate care facility" is referred to or designated in any	121621
statute, rule, contract, provider agreement, or other document	121622
pertaining to the ~~medical assistance~~medicaid program, the	121623
reference or designation is deemed to refer to a nursing facility,	121624
~~except that a~~.	121625

(B) A reference to or designation of an "intermediate care	121626
facility for ~~the mentally retarded~~individuals with intellectual	121627
disabilities" or "ICF/IID" is not deemed to refer to a nursing	121628
facility.	121629

Sec. 5165.02. The medicaid director shall adopt rules as	121630
necessary to implement this chapter. The rules shall be adopted in	121631
accordance with Chapter 119. of the Revised Code.	121632

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

121633

(1) "Dementia" includes Alzheimer's disease or a related	121634
disorder.	121635

(2) "Serious mental illness" means "serious mental illness,"	121636
as defined by the United States department of health and human	121637
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	121638
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	121639
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	121640

(3) "Mentally ill individual" means an individual who has a	121641
serious mental illness other than either of the following:	121642

(a) A primary diagnosis of dementia;

121643

(b) A primary diagnosis that is not a primary diagnosis of	121644
dementia and a primary diagnosis of something other than a serious	121645
mental illness.	121646

(4) "Mentally retarded individual" means an individual who is	121647
mentally retarded or has a related condition, as described in	121648
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	121649
U.S.C. 1396d(d).	121650

(5) "Specialized services" means the services specified by	121651
the United States department of health and human services in	121652
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	121653
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	121654
1396r(e)(7)(G)(iii).	121655

(B)(1) Except as provided in division (D) of this section, no	121656
nursing facility shall admit as a resident any mentally ill	121657
individual unless the facility has received evidence that the	121658
department of ~~mental health~~mental health and addiction services	121659
has determined both of the following under section ~~5119.061~~	121660
5119.40 of the Revised Code:	121661

(a) That the individual requires the level of services	121662
provided by a nursing facility because of the individual's	121663
physical and mental condition;	121664

(b) Whether the individual requires specialized services for	121665
mental illness.	121666

(2) Except as provided in division (D) of this section, no	121667
nursing facility shall admit as a resident any mentally retarded	121668
individual unless the facility has received evidence that the	121669
department of developmental disabilities has determined both of	121670
the following under section 5123.021 of the Revised Code:	121671

(a) That the individual requires the level of services	121672
provided by a nursing facility because of the individual's	121673
physical and mental condition;	121674

(b) Whether the individual requires specialized services for	121675
mental retardation.	121676

(C) The department of ~~job and family services~~medicaid shall	121677
not make medicaid payments ~~under the medical assistance program~~ to	121678
a nursing facility on behalf of any individual who is admitted to	121679
the facility in violation of division (B) of this section for the	121680
period beginning on the date of admission and ending on the date	121681
the requirements of division (B) of this section are met.	121682

(D) A determination under division (B) of this section is not	121683
required for any individual who is exempted from the requirement	121684
that a determination be made by division (B)(2) of section	121685
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	121686
department of ~~mental health~~mental health and addiction services	121687
under division (E)(3) of that section, or by division (B)(2) of	121688
section 5123.021 of the Revised Code or rules adopted by the	121689
department of developmental disabilities under division (E)(3) of	121690
that section.	121691

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	121692
~~applicant~~An individual who applies for admission to ~~a nursing~~	121693
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	121694
~~applicant for or recipient of medical assistance, the department~~	121695
of ~~job and family services~~ shall provide notice and an opportunity	121696
for a hearing to any applicant for admission to a nursing facility	121697
or resident of a nursing facility who ismay appeal if adversely	121698
affected by a determination made by the department of ~~mental~~	121699
~~health~~mental health and addiction services under section	121700
~~5119.061~~5119.40 of the Revised Code or by the department of	121701
developmental disabilities under section 5123.021 of the Revised	121702
Code. ~~The hearing shall be conducted in the same manner as~~	121703
~~hearings conducted under~~If the individual is an applicant for or	121704
recipient of medicaid, the individual may appeal pursuant to	121705
section 5160.31 of the Revised Code. If the individual is not an	121706
applicant for or recipient of medicaid, the individual may appeal	121707
pursuant to a process the department of medicaid shall establish,	121708
which shall be similar to the appeals process established by	121709
section 5101.35 of the Revised Code. The department of medicaid	121710
shall provide notice of the right to appeal to individuals	121711
adversely affected by determinations made under sections 5119.40	121712
and 5123.021 of the Revised Code. Any decision made ~~by the~~	121713
~~department of job and family services~~ on the basis of ~~the hearing~~	121714
such an appeal is binding on the department of ~~mental health~~	121715
mental health and addiction services and the department of	121716
developmental disabilities.	121717

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	121718
"representative" means a person acting on behalf of an applicant	121719
for or recipient of medicaid. A representative may be a family	121720
member, attorney, hospital social worker, or any other person	121721
chosen to act on behalf of an applicant or recipient.	121722

(B) The department of ~~job and family services~~medicaid may	121723
require each applicant for or recipient of medicaid who applies or	121724
intends to apply for admission to a nursing facility or resides in	121725
a nursing facility to undergo an assessment to determine whether	121726
the applicant or recipient needs the level of care provided by a	121727
nursing facility. The assessment may be performed concurrently	121728
with a long-term care consultation provided under section 173.42	121729
of the Revised Code.	121730

To the maximum extent possible, the assessment shall be based	121731
on information from the resident assessment instrument specified	121732
in rules ~~adopted~~authorized by ~~the director of job and family~~	121733
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	121734
Revised Code. The assessment shall also be based on criteria and	121735
procedures established in rules ~~adopted under~~authorized by	121736
division (F) of this section and information provided by the	121737
person being assessed or the person's representative.	121738

The department of ~~job and family services~~medicaid, or if the	121739
assessment is performed by an agency under contract with the	121740
department pursuant to division (G) of this section, the agency,	121741
shall, not later than the time the level of care determination	121742
based on the assessment is required to be provided under division	121743
(C) of this section, give written notice of its conclusions and	121744
the basis for them to the person assessed and, if the department	121745
~~of job and family services~~ or agency under contract with the	121746
department has been informed that the person has a representative,	121747
to the representative.	121748

(C) The department ~~of job and family services~~ or agency under	121749
contract with the department, whichever performs the assessment,	121750
shall provide a level of care determination based on the	121751
assessment as follows:	121752

(1) In the case of a person applying or intending to apply	121753
for admission to a nursing facility while hospitalized, not later	121754
than one of the following:	121755

(a) One working day after the person or the person's	121756
representative submits the application or notifies the department	121757
of the person's intention to apply and submits all information	121758
required for providing the level of care determination, as	121759
specified in rules ~~adopted under~~authorized by division (F)(2) of	121760
this section;	121761

(b) A later date requested by the person or the person's	121762
representative.	121763

(2) In the case of a person applying or intending to apply	121764
for admission to a nursing facility who is not hospitalized, not	121765
later than one of the following:	121766

(a) Five calendar days after the person or the person's	121767
representative submits the application or notifies the department	121768
of the person's intention to apply and submits all information	121769
required for providing the level of care determination, as	121770
specified in rules ~~adopted under~~authorized by division (F)(2) of	121771
this section;	121772

(b) A later date requested by the person or the person's	121773
representative.	121774

(3) In the case of a person who resides in a nursing	121775
facility, not later than one of the following:	121776

(a) Five calendar days after the person or the person's	121777
representative submits an application for ~~medical assistance~~	121778
medicaid and submits all information required for providing the	121779
level of care determination, as specified in rules ~~adopted under~~	121780
authorized by division (F)(2) of this section;	121781

(b) A later date requested by the person or the person's	121782
representative.	121783

(4) In the case of an emergency, as specified in rules	121784
~~adopted under~~authorized by division (F)(4) of this section,	121785
within the number of days specified in the rules.	121786

(D) A person assessed under this section or the person's	121787
representative may ~~request a state hearing to dispute~~appeal the	121788
conclusions reached by the department ~~of job and family services~~	121789
or agency under contract with the department on the basis of the	121790
assessment. The ~~request for a state hearing~~appeal shall be made	121791
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	121792
Revised Code. The department ~~of job and family services~~ or agency	121793
under contract with the department shall provide to the person or	121794
the person's representative and the nursing facility written	121795
notice of the person's right to request a state hearing. The	121796
notice shall include an explanation of the procedure for	121797
requesting a state hearing. If a state hearing is requested, the	121798
state shall be represented in the hearing by the department ~~of job~~	121799
~~and family services~~ or the agency under contract with the	121800
department, whichever performed the assessment.	121801

(E) A nursing facility that admits or retains a person	121802
determined pursuant to an assessment required under this section	121803
not to need the level of care provided by the nursing facility	121804
shall not be ~~reimbursed~~paid under the medicaid program for the	121805
person's care.	121806

(F) The medicaid director ~~of job and family services~~ shall	121807
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	121808
of the Revised Code to implement and administer this section. The	121809
rules shall include all of the following:	121810

(1) Criteria and procedures to be used in determining whether	121811
admission to a nursing facility or continued stay in a nursing	121812
facility is appropriate for the person being assessed;	121813

(2) Information the person being assessed or the person's	121814
representative must provide to the department or agency under	121815
contract with the department for purposes of the assessment and	121816
providing a level of care determination based on the assessment;	121817

(3) Circumstances under which a person is not required to be	121818
assessed;	121819

(4) Circumstances that constitute an emergency for purposes	121820
of division (C)(4) of this section and the number of days within	121821
which a level of care determination must be provided in the case	121822
of an emergency.	121823

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	121824
the department of ~~job and family services~~medicaid may enter into	121825
contracts in the form of interagency agreements with one or more	121826
other state agencies to perform the assessments required under	121827
this section. The interagency agreements shall specify the	121828
responsibilities of each agency in the performance of the	121829
assessments.	121830

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	121831
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	121832
~~payments, the operator of~~to enter into a provider agreement for a	121833
nursing facility ~~or intermediate care facility for the mentally~~	121834
~~retarded shall do~~if all of the following apply:	121835

~~(1) Enter into a provider agreement with the department as~~	121836
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	121837
~~Code~~(A) The nursing facility is certified by the director of	121838
health for participation in medicaid;	121839

~~(2) Apply for and maintain a valid license to operate~~(B) The	121840
nursing facility is licensed by the director of health as a	121841
nursing home if so required by law;	121842

~~(3) Subject to division (B) of this section,~~(C) The operator	121843
and nursing facility comply with all applicable state and federal	121844
laws and rules.	121845

~~(B) A state rule that requires the operator of an~~	121846
~~intermediate care facility for the mentally retarded to have~~	121847
~~received approval of a plan for the proposed facility pursuant to~~	121848
~~section 5123.042 of the Revised Code as a condition of the~~	121849
~~operator being eligible for medicaid payments for the facility~~	121850
~~does not apply if, under former section 5123.193 of the Revised~~	121851
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	121852
~~or section 5123.197 of the Revised Code, a residential facility~~	121853
~~license was obtained or modified for the facility without~~	121854
~~obtaining approval of such a plan.~~	121855

~~(C)(1) Except as provided in division (C)(2) of this section,~~	121856
~~the operator of a nursing facility that elects to obtain and~~	121857
~~maintain eligibility for payments under the medicaid program shall~~	121858
~~qualify all of the facility's medicaid-certified beds in the~~	121859
~~medicare program established by Title XVIII. The director of job~~	121860
~~and family services may adopt rules under section 5111.02 of the~~	121861
~~Revised Code to establish the time frame in which a nursing~~	121862
~~facility must comply with this requirement.~~	121863

~~(2) The department of veterans services is not required to~~	121864
~~qualify all of the medicaid-certified beds in a nursing facility~~	121865
~~the agency maintains and operates under section 5907.01 of the~~	121866
~~Revised Code in the medicare program.~~	121867

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	121868
5165.072 of the Revised Code, the department of medicaid shall	121869
enter into a provider agreement with a nursing facility operator	121870
who applies, and is eligible, for the provider agreement.	121871

(B) A provider agreement ~~between the department of job and~~	121872
~~family services and the provider of a nursing facility or~~	121873
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	121874
require the ~~following provisions:~~	121875

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	121876
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	121877
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	121878
nursing facility services the nursing facility provides to a	121879
~~resident of the~~its residents who are medicaid recipients eligible	121880
for nursing facility ~~who is a medicaid recipient~~services. No	121881
~~payment shall be made for the day a medicaid recipient is~~	121882
~~discharged from the facility.~~	121883

~~(B) The~~(C) A provider agreement shall require the provider	121884
~~agrees~~ to do all of the following:	121885

(1) Maintain eligibility for the provider agreement as	121886
provided in section ~~5111.21~~5165.06 of the Revised Code;	121887

(2) Keep records relating to a cost reporting period for the	121888
greater of seven years after the cost report is filed or, if the	121889
department issues an audit report in accordance with ~~division (B)~~	121890
of section ~~5111.27~~5165.109 of the Revised Code, six years after	121891
all appeal rights relating to the audit report are exhausted;	121892

(3) File reports as required by the department;

121893

(4) Open all records relating to the costs of ~~its~~the nursing	121894
facility's services for inspection and audit by the department;	121895

(5) Open its premises for inspection by the department, the	121896
department of health, and any other state or local authority	121897
having authority to inspect;	121898

(6) Supply to the department such information as it requires	121899
concerning the nursing facility's services to residents who are,	121900
or are eligible to be, medicaid recipients;	121901

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

121902

~~The~~(D) A provider agreement may contain other provisions	121903
that are consistent with law and considered necessary by the	121904
department.	121905

~~A provider agreement shall be effective for no longer than~~	121906
~~twelve months, except that if federal statute or regulations~~	121907
~~authorize a longer term, it may be effective for a longer term so~~	121908
~~authorized. A provider agreement may be renewed only if the~~	121909
~~facility is certified by the department of health for~~	121910
~~participation in the medicaid program.~~	121911

~~The department of job and family services, in accordance with~~	121912
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	121913
~~not to enter into, not to renew, or to terminate a provider~~	121914
~~agreement when the department determines that such an agreement~~	121915
~~would not be in the best interests of medicaid recipients or of~~	121916
~~the state.~~	121917

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	121918
~~nursing facility or intermediate care facility for the mentally~~	121919
~~retarded~~ may enter into provider agreements for more than one	121920
nursing facility ~~or intermediate care facility for the mentally~~	121921
~~retarded~~.	121922

Sec. 5165.072. The department of medicaid shall not	121923
revalidate a nursing facility provider agreement if the provider	121924
fails to maintain eligibility for the provider agreement as	121925
provided in section 5165.06 of the Revised Code.	121926

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	121927
~~services~~medicaid shall terminate the provider agreement with a	121928
nursing facility provider that does not comply with the	121929
requirements of section 3721.071 of the Revised Code for the	121930
installation of fire extinguishing and fire alarm systems.	121931

~~Sec. 5111.31.~~ Sec. 5165.08. (A) As used in this section:

121932

"Bed need" means the number of long-term care beds a county	121933
needs as determined by the director of health pursuant to division	121934
(B)(3) of section 3702.593 of the Revised Code.	121935

"Bed need excess" means that a county's bed need is such that	121936
one or more long-term care beds may be relocated from the county	121937
according to the director's determination of the county's bed	121938
need.	121939

(B) Every provider agreement with ~~the~~a nursing facility	121940
provider ~~of a nursing facility or intermediate care facility for~~	121941
~~the mentally retarded~~ shall do both of the following:	121942

(1) Permit the provider to exclude one or more parts of the	121943
nursing facility from the provider agreement, even though those	121944
parts meet federal and state standards for medicaid certification,	121945
if all of the following apply:	121946

(a) The nursing facility initially obtained both its nursing	121947
home license under Chapter 3721. of the Revised Code and medicaid	121948
certification on or after January 1, 2008.	121949

(b) The nursing facility is located in a county that has a	121950
bed need excess at the time the provider excludes the parts from	121951
the provider agreement.	121952

(c) Federal law permits the provider to exclude the parts	121953
from the provider agreement.	121954

(d) The provider gives the department of medicaid written	121955
notice of the exclusion not less than forty-five days before the	121956
first day of the calendar quarter in which the exclusion is to	121957
occur.	121958

(2) Prohibit the provider from doing either of the following:

121959

(a) Discriminating against a resident on the basis of race,	121960
color, sex, creed, or national origin;	121961

(b) Subject to division (D) of this section, failing or	121962
refusing to ~~retain~~do either of the following:	121963

(i) Except as otherwise prohibited under section 5165.82 of	121964
the Revised Code, admit as a resident of the nursing facility an	121965
individual because the individual is, or may (as a resident of the	121966
nursing facility) become, a medicaid recipient unless at least	121967
twenty-five per cent of the nursing facility's medicaid-certified	121968
beds are occupied by medicaid recipients at the time the person	121969
would otherwise be admitted;	121970

(ii) Retain as a ~~patient any person~~resident of the nursing	121971
facility an individual because the ~~person~~individual is, ~~becomes,~~	121972
or may (as a resident of the nursing facility) become, ~~as a~~	121973
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	121974
~~purposes of this division, a medicaid recipient who is a patient~~	121975
~~in a facility shall be considered a patient in the facility during~~	121976
~~any hospital stays totaling less than twenty-five days during any~~	121977
~~twelve-month period. Recipients who have been identified by the~~	121978
~~department of job and family services or its designee as requiring~~	121979
~~the level of care of an intermediate care facility for the~~	121980
~~mentally retarded shall not be subject to a maximum period of~~	121981
~~absences during which they are considered patients if prior~~	121982
~~authorization of the department for visits with relatives and~~	121983
~~friends and participation in therapeutic programs is obtained~~	121984
~~under rules adopted under section 5111.02 of the Revised Code.~~	121985

~~(2) Except as provided by division (B)(1) of this section,~~	121986
~~include any part of the facility that meets standards for~~	121987
~~certification of compliance with federal and state laws and rules~~	121988
~~for participation in the medicaid program.~~	121989

~~(3) Prohibit the provider from discriminating against any~~	121990
~~patient on the basis of race, color, sex, creed, or national~~	121991
~~origin.~~	121992

~~(4) Except as otherwise prohibited under section 5111.55 of~~	121993
~~the Revised Code, prohibit the provider from failing or refusing~~	121994
~~to accept a patient because the patient is, becomes, or may, as a~~	121995
~~patient in the facility, become a medicaid recipient if less than~~	121996
~~eighty per cent of the patients in the facility are medicaid~~	121997
~~recipients.~~	121998

~~(B)(1) Except as provided by division (B)(2) of this section,~~	121999
~~the following are not required to be included in a provider~~	122000
~~agreement unless otherwise required by federal law:~~	122001

~~(a) Beds added during the period beginning July 1, 1987, and~~	122002
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	122003
~~3721. of the Revised Code;~~	122004

~~(b) Beds in an intermediate care facility for the mentally~~	122005
~~retarded that are designated for respite care under a medicaid~~	122006
~~waiver component operated pursuant to a waiver sought under~~	122007
~~section 5111.87 of the Revised Code.~~	122008

~~(2) If a provider chooses to include a bed specified in~~	122009
~~division (B)(1)(a) of this section in a provider agreement, the~~	122010
~~bed may not be removed from the provider agreement unless the~~	122011
~~provider withdraws the facility in which the bed is located from~~	122012
~~the medicaid program.~~	122013

(C) For the purpose of division (B)(2)(b)(ii) of this	122014
section, a medicaid recipient who is a resident of a nursing	122015
facility shall be considered a resident of the nursing facility	122016
during any hospital stays totaling less than twenty-five days	122017
during any twelve-month period.	122018

(D) Nothing in this section shall bar a provider ~~that~~from	122019
doing any of the following:	122020

(1) If the provider is a religious organization operating a	122021
religious or denominational nursing facility ~~or intermediate care~~	122022
~~facility for the mentally retarded~~ from giving preference to	122023
persons of the same religion or denomination~~. Nothing in this~~	122024
~~section shall bar any provider from giving~~;	122025

(2) Giving preference to persons with whom the provider has	122026
contracted to provide continuing care.	122027

~~(D) Nothing in this section shall bar the provider of~~;

122028

(3) If the nursing facility is a county home organized under	122029
Chapter 5155. of the Revised Code ~~from~~, admitting residents	122030
exclusively from the county in which the county home is located.	122031

~~(E) No provider of a nursing facility or intermediate care~~	122032
~~facility for the mentally retarded for which a provider agreement~~	122033
~~is in effect shall violate the provider contract obligations~~	122034
~~imposed under this section.~~	122035

~~(F) Nothing in divisions (A) and (C) of this section shall~~	122036
~~bar a provider from retaining patients~~;	122037

(4) Retaining residents who have resided in the provider's	122038
nursing facility for not less than one year as private pay	122039
patients and who subsequently become medicaid recipients, but	122040
refusing to accept as a ~~patient~~resident any person who is, or	122041
may,(as a ~~patient in~~resident of the nursing facility,) become a	122042
medicaid recipient, if all of the following apply:	122043

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	122044
resident who has resided in the provider's nursing facility for	122045
not less than one year as a private pay ~~patient~~resident because	122046
the ~~patient~~resident becomes a medicaid recipient, except as	122047
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	122048

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	122049
division (D)(4) of this section does not at any time exceed ten	122050
per cent of all the ~~patients~~residents in the nursing facility;	122051

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	122052
nursing facility were private pay ~~patients~~residents.	122053

(E) No provider shall violate the provider agreement	122054
obligations imposed by this section.	122055

(F) A nursing facility provider who excludes one or more	122056
parts of the nursing facility from a provider agreement pursuant	122057
to division (B)(1) of this section does not violate division (C)	122058
of section 3702.53 of the Revised Code.	122059

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	122060
resident has a cause of action against ~~the~~a nursing facility	122061
provider ~~of a nursing facility or intermediate care facility for~~	122062
~~the mentally retarded~~ for breach of the provider agreement	122063
obligations or other duties imposed by section ~~5111.31~~5165.08 of	122064
the Revised Code. The action may be commenced by the ~~patient~~	122065
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	122066
resident's sponsor or a residents' rights advocate, ~~as either is~~	122067
~~defined under section 3721.10 of the Revised Code,~~ by the filing	122068
of a civil action in the court of common pleas of the county in	122069
which the nursing facility is located, or in the court of common	122070
pleas of Franklin county.	122071

If ~~the~~a court of common pleas finds that a ~~breach of the~~	122072
provider has breached a provider agreement ~~obligations~~obligation	122073
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	122074
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	122075
following:	122076

(A) Enjoin the provider from engaging in the practice~~, order~~;

122077

(B) Order such affirmative relief as may be necessary~~, and~~	122078
~~award~~;	122079

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	122080
~~public agency~~government entity that brings anthe action on	122081
behalf of a ~~patient~~resident actual damages, costs, and reasonable	122082
attorney's fees.	122083

Sec. 5165.082. (A) Except as provided in division (B) of	122084
this section, the operator of a nursing facility that elects to	122085
have the nursing facility participate in the medicaid program	122086
shall qualify all of the nursing facility's medicaid-certified	122087
beds in the medicare program. The medicaid director may adopt	122088
rules under section 5165.02 of the Revised Code to establish the	122089
time frame in which a nursing facility must comply with this	122090
requirement.	122091

(B) The department of veterans services is not required to	122092
qualify all of the medicaid-certified beds in a nursing facility	122093
the department maintains and operates under section 5907.01 of the	122094
Revised Code in the medicare program.	122095

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	122096
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	122097
provider shall file with the department of ~~job and family services~~	122098
medicaid an annual cost report for each of the provider's nursing	122099
facilities ~~and intermediate care facilities for the mentally~~	122100
~~retarded~~ that participate in the medicaid program. ~~A provider~~	122101
~~shall prepare the reports in accordance with guidelines~~	122102
~~established by the department. A~~The cost report for a year shall	122103
cover athe calendar year or the portion of athe calendar year	122104
during which the nursing facility participated in the medicaid	122105
program. ~~A provider shall file the reports within~~Except as	122106
provided in division (E) of this section, the cost report is due	122107
not later than ninety days after the end of the calendar year, or	122108
portion of the calendar year, that the cost report covers. ~~The~~	122109
~~department, for good cause, may grant a fourteen-day extension of~~	122110
~~the time for filing cost reports upon written request from a~~	122111
~~provider. The director of job and family services shall prescribe,~~	122112
~~in rules adopted under section 5111.02 of the Revised Code, the~~	122113
~~cost reporting form and a uniform chart of accounts for the~~	122114
~~purpose of cost reporting, and shall distribute cost reporting~~	122115
~~forms or computer software for electronic submission of the cost~~	122116
~~report to each provider at least sixty days before the reporting~~	122117
~~date.~~	122118

~~(b) If rates for a provider's nursing facility or~~	122119
~~intermediate care facility for the mentally retarded were most~~	122120
~~recently established under section 5111.254 or 5111.255 of the~~	122121
~~Revised Code, the provider shall submit a cost report for that~~	122122
~~facility no later than ninety days after the end of the facility's~~	122123
~~first three full calendar months of operation. If a nursing~~	122124
~~facility or intermediate care facility for the mentally retarded~~	122125
~~undergoes a change of provider that the department determines, in~~	122126
~~accordance with rules adopted under section 5111.02 of the Revised~~	122127
~~Code, is an arm's length transaction, the new provider shall~~	122128
~~submit a cost report for that facility not later than ninety days~~	122129
~~after the end of the facility's first three full calendar months~~	122130
~~of operation under the new provider. The provider of a facility~~	122131
~~that opens or undergoes a change of provider that is an arm's~~	122132
~~length transaction after the first day of October in any calendar~~	122133
~~year is not required to file a cost report for that calendar year.~~	122134

~~(c)~~(B) If a nursing facility undergoes a change of provider	122135
that the department determines, in accordance with rules adopted	122136
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	122137
arm's length transaction, the new provider shall file athe	122138
nursing facility's cost report ~~under~~in accordance with division	122139
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	122140
report shall cover the portion of the calendar year during which	122141
the new provider operated the nursing facility and the portion of	122142
the calendar year during which the previous provider operated the	122143
nursing facility.	122144

~~(2) If a provider required to submit a cost report for a~~	122145
~~nursing facility or intermediate care facility for the mentally~~	122146
~~retarded does not file the report within the required time period~~	122147
~~or within fourteen days thereafter if an extension is granted~~	122148
~~under division (A)(1)(a) of this section, or files an incomplete~~	122149
~~or inadequate report for the facility, the department shall~~	122150
~~provide immediate written notice to the provider that the provider~~	122151
~~agreement for the facility will be terminated in thirty days~~	122152
~~unless the provider submits a complete and adequate cost report~~	122153
~~for the facility within thirty days. During the thirty-day~~	122154
~~termination period or any additional time allowed for an appeal of~~	122155
~~the proposed termination of a provider agreement, the provider~~	122156
~~shall be paid the facility's then current per resident per day~~	122157
~~rate, minus two dollars. On July 1, 1994, the department shall~~	122158
~~adjust the two-dollar reduction to reflect the rate of inflation~~	122159
~~during the preceding twelve months, as shown in the consumer price~~	122160
~~index for all items for all urban consumers for the north central~~	122161
~~region, published by the United States bureau of labor statistics.~~	122162
~~On July 1, 1995, and the first day of July of each year~~	122163
~~thereafter, the department shall adjust the amount of the~~	122164
~~reduction in effect during the previous twelve months to reflect~~	122165
~~the rate of inflation during the preceding twelve months, as shown~~	122166
~~in the same index.~~	122167

~~(B) No provider shall report fines paid under sections~~	122168
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	122169
~~cost report filed under this section.~~	122170

(C) ~~The department shall develop an addendum to the cost~~	122171
~~report form that a provider may use to set forth costs that the~~	122172
~~provider believes may be disputed by the department. Any costs~~	122173
~~reported by the provider on the addendum may be considered by the~~	122174
~~department in setting the facility's rate. If the department does~~	122175
~~not consider the costs listed on the addendum in setting the~~	122176
~~facility's rate, the provider may seek reconsideration of that~~	122177
~~determination under section 5111.29 of the Revised Code. If the~~	122178
~~department subsequently includes the costs listed in the addendum~~	122179
~~in the facility's rate, the department shall pay the provider~~	122180
~~interest at a reasonable rate established in rules adopted under~~	122181
~~section 5111.02 of the Revised Code for the time that the rate~~	122182
~~paid excluded the costs.~~If the medicaid payment rate for a new	122183
nursing facility was most recently determined in accordance with	122184
section 5165.151 of the Revised Code, the provider shall file with	122185
the department a cost report for the new nursing facility not	122186
later than, except as provided in division (E) of this section,	122187
ninety days after the end of the new nursing facility's first	122188
three full calendar months of operation. The cost report shall	122189
cover the period that begins with the nursing facility's first day	122190
of operation and ends on the first day of the month immediately	122191
following the first three full months of operation.	122192

(D) A nursing facility provider is not required to file a	122193
cost report for a nursing facility for a calendar year in	122194
accordance with division (A) of this section if the provider files	122195
a cost report for the nursing facility under division (C) of this	122196
section and that cost report covers a period that begins after the	122197
first day of October of that calendar year. The provider shall	122198
file a cost report for the nursing facility in accordance with	122199
division (A) of this section for the immediately following	122200
calendar year.	122201

(E) The department may grant to a provider a fourteen-day	122202
extension to file a cost report under this section if the provider	122203
provides the department a written request for the extension and	122204
the department determines that there is good cause for the	122205
extension.	122206

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	122207
~~nursing facility~~ filing the nursing facility's cost report with	122208
the department of ~~job and family services~~medicaid under section	122209
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	122210
nonreimbursable expense the cost of the nursing facility's	122211
franchise permit fee.	122212

Sec. 5165.102. No nursing facility provider shall report	122213
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	122214
the Revised Code in a cost report filed under section 5165.10 or	122215
5165.522 of the Revised Code.	122216

Sec. 5165.103. Cost reports shall be completed using the	122217
form prescribed under section 5165.104 of the Revised Code and in	122218
accordance with the guidelines established under that section.	122219

Sec. 5165.104. The department of medicaid shall do all of	122220
the following:	122221

(A) Prescribe the form to be used for completing a cost	122222
report and a uniform chart of accounts for the purpose of	122223
reporting costs on the form;	122224

(B) Distribute a paper copy of the form, or computer software	122225
for electronic submission of the form, to each provider at least	122226
sixty days before the date the cost report is due;	122227

122228

Sec. 5165.105. The department of medicaid shall develop an	122229
addendum to the cost report form that a nursing facility provider	122230
may use to set forth costs that the provider believes the	122231
department may dispute. The department may consider such costs in	122232
determining a nursing facility's medicaid payment rate. If the	122233
department does not consider such costs in determining a nursing	122234
facility's medicaid payment rate, the provider may seek	122235
reconsideration of the determination in accordance with section	122236
5165.38 of the Revised Code. If the department subsequently	122237
includes such costs in a nursing facility's medicaid payment rate,	122238
the department shall pay the provider interest at a reasonable	122239
rate established in rules adopted under section 5165.02 of the	122240
Revised Code for the period that the rate excluded the costs.	122241

Sec. 5165.106. If a nursing facility provider required by	122242
section 5165.10 of the Revised Code to file a cost report for the	122243
nursing facility fails to file the cost report by the date it is	122244
due or the date, if any, to which the due date is extended	122245
pursuant to division (E) of that section, or files an incomplete	122246
or inadequate report for the nursing facility under that section,	122247
the department of medicaid shall provide immediate written notice	122248
to the provider that the provider agreement for the nursing	122249
facility will be terminated in thirty days unless the provider	122250
submits a complete and adequate cost report for the nursing	122251
facility within thirty days. During the thirty-day termination	122252
period or any additional time allowed for an appeal of the	122253
proposed termination of a provider agreement, the provider shall	122254
be paid the nursing facility's then current per medicaid day	122255
payment rate, minus the dollar amount by which nursing facility's	122256
per medicaid day payment rates are reduced during fiscal year 2013	122257
in accordance with division (A)(2) of section 5111.26 of the	122258
Revised Code (renumbered as section 5165.10 of the Revised Code by	122259
H.B. 59 of the 130th general assembly) as that section existed on	122260
the day immediately preceding the effective date of this section.	122261
On the first day of each July, the department shall adjust the	122262
amount of the reduction in effect during the previous twelve	122263
months to reflect the rate of inflation during the preceding	122264
twelve months, as shown in the consumer price index for all items	122265
for all urban consumers for the north central region, published by	122266
the United States bureau of labor statistics.	122267

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	122268
(B) of this section and not later than three years after a nursing	122269
facility provider files a cost report with the department of ~~job~~	122270
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	122271
Revised Code, the provider may amend the cost report if the	122272
provider discovers a material error in the cost report or	122273
additional information to be included in the cost report. The	122274
department shall review the amended cost report for accuracy and	122275
notify the provider of its determination.	122276

(B) A provider may not amend a cost report if the department	122277
has notified the provider that an audit of the cost report or a	122278
cost report of the provider for a subsequent cost reporting period	122279
is to be conducted under section ~~5111.27~~5165.109 of the Revised	122280
Code. The provider may, however, provide the department	122281
information that affects the costs included in the cost report.	122282
Such information may not be provided after the adjudication of the	122283
final settlement of the cost report.	122284

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	122285
~~services~~medicaid shall conduct a desk review of each cost report	122286
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	122287
Revised Code. Based on the desk review, the department shall make	122288
a preliminary determination of whether the reported costs are	122289
allowable costs. The department shall notify each nursing facility	122290
provider of whether any of the reported costs are preliminarily	122291
determined not to be allowable, the medicaid payment rate	122292
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	122293
~~Revised Code~~this chapter that results from that determination,	122294
and the reasons for the determination and resulting rate. The	122295
department shall allow the provider to verify the calculation and	122296
submit additional information.	122297

~~(B) The department may conduct an audit, as defined by rule~~	122298
~~adopted under section 5111.02 of the Revised Code, of any cost~~	122299
~~report. The decision whether to conduct an audit and the scope of~~	122300
~~the audit, which may be a desk or field audit, may be determined~~	122301
~~based on prior performance of the provider, a risk analysis, or~~	122302
~~other evidence that gives the department reason to believe that~~	122303
~~the provider has reported costs improperly. A desk or field audit~~	122304
~~may be performed annually, but is required whenever a provider~~	122305
~~does not pass the risk analysis tolerance factors. An audit shall~~	122306
~~be conducted by auditors under contract with or employed by the~~	122307
~~department. The department shall notify a provider of the findings~~	122308
~~of an audit by issuing an audit report. An audit report regarding~~	122309
~~a nursing facility shall include notice of any fine imposed under~~	122310
~~section 5111.271 of the Revised Code. The department shall issue~~	122311
~~the audit report no later than three years after the cost report~~	122312
~~is filed, or upon the completion of a desk or field audit on the~~	122313
~~report or a report for a subsequent cost reporting period,~~	122314
~~whichever is earlier.~~	122315

~~The department may establish a contract for the auditing of~~	122316
~~facilities by outside firms. Each contract entered into by bidding~~	122317
~~shall be effective for one to two years. The department shall~~	122318
~~establish an audit manual and program which shall require that all~~	122319
~~field audits, conducted either pursuant to a contract or by~~	122320
~~department employees:~~	122321

~~(1) Comply with the applicable rules prescribed pursuant to~~	122322
~~Titles XVIII and XIX;~~	122323

~~(2) Consider generally accepted auditing standards prescribed~~	122324
~~by the American institute of certified public accountants;~~	122325

~~(3) Include a written summary as to whether the costs~~	122326
~~included in the report examined during the audit are allowable and~~	122327
~~are presented in accordance with state and federal laws and~~	122328
~~regulations, and whether, in all material respects, allowable~~	122329
~~costs are documented, reasonable, and related to patient care;~~	122330

~~(4) Are conducted by accounting firms or auditors who, during~~	122331
~~the period of the auditors' professional engagement or employment~~	122332
~~and during the period covered by the cost reports, do not have nor~~	122333
~~are committed to acquire any direct or indirect financial interest~~	122334
~~in the ownership, financing, or operation of a nursing facility or~~	122335
~~intermediate care facility for the mentally retarded in this~~	122336
~~state;~~	122337

~~(5) Are conducted by accounting firms or auditors who, as a~~	122338
~~condition of the contract or employment, shall not audit any~~	122339
~~facility that has been a client of the firm or auditor;~~	122340

~~(6) Are conducted by auditors who are otherwise independent~~	122341
~~as determined by the standards of independence included in the~~	122342
~~government auditing standards produced by the United States~~	122343
~~government accountability office;~~	122344

~~(7) Are completed within the time period specified by the~~	122345
~~department;~~	122346

~~(8) Provide to the provider complete written interpretations~~	122347
~~that explain in detail the application of all relevant contract~~	122348
~~provisions, regulations, auditing standards, rate formulae, and~~	122349
~~departmental policies, with explanations and examples, that are~~	122350
~~sufficient to permit the provider to calculate with reasonable~~	122351
~~certainty those costs that are allowable and the rate to which the~~	122352
~~provider's facility is entitled.~~	122353

~~For the purposes of division (B)(4) of this section,~~	122354
~~employment of a member of an auditor's family by a nursing~~	122355
~~facility or intermediate care facility for the mentally retarded~~	122356
~~that the auditor does not review does not constitute a direct or~~	122357
~~indirect financial interest in the ownership, financing, or~~	122358
~~operation of the facility.~~	122359

~~(C) The department, pursuant to rules adopted under section~~	122360
~~5111.02 of the Revised Code, may conduct an exception review of~~	122361
~~assessment data submitted under section 5111.232 of the Revised~~	122362
~~Code. The department may conduct an exception review based on the~~	122363
~~findings of a certification survey conducted by the department of~~	122364
~~health, a risk analysis, or prior performance of the provider.~~	122365

~~Exception reviews shall be conducted at the facility by~~	122366
~~appropriate health professionals under contract with or employed~~	122367
~~by the department of job and family services. The professionals~~	122368
~~may review resident assessment forms and supporting documentation,~~	122369
~~conduct interviews, and observe residents to identify any patterns~~	122370
~~or trends of inaccurate assessments and resulting inaccurate~~	122371
~~case-mix scores.~~	122372

~~The rules shall establish an exception review program that~~	122373
~~requires that exception reviews do all of the following:~~	122374

~~(1) Comply with Titles XVIII and XIX;~~

122375

~~(2) Provide a written summary that states whether the~~	122376
~~resident assessment forms have been completed accurately;~~	122377

~~(3) Are conducted by health professionals who, during the~~	122378
~~period of their professional engagement or employment with the~~	122379
~~department, neither have nor are committed to acquire any direct~~	122380
~~or indirect financial interest in the ownership, financing, or~~	122381
~~operation of a nursing facility or intermediate care facility for~~	122382
~~the mentally retarded in this state;~~	122383

~~(4) Are conducted by health professionals who, as a condition~~	122384
~~of their engagement or employment with the department, shall not~~	122385
~~review any provider that has been a client of the professional.~~	122386

~~For the purposes of division (C)(3) of this section,~~	122387
~~employment of a member of a health professional's family by a~~	122388
~~nursing facility or intermediate care facility for the mentally~~	122389
~~retarded that the professional does not review does not constitute~~	122390
~~a direct or indirect financial interest in the ownership,~~	122391
~~financing, or operation of the facility.~~	122392

~~If an exception review is conducted before the effective date~~	122393
~~of the rate that is based on the case-mix data subject to the~~	122394
~~review and the review results in findings that exceed tolerance~~	122395
~~levels specified in the rules adopted under this division, the~~	122396
~~department, in accordance with those rules, may use the findings~~	122397
~~to recalculate individual resident case-mix scores, quarterly~~	122398
~~average facility case-mix scores, and annual average facility~~	122399
~~case-mix scores. The department may use the recalculated quarterly~~	122400
~~and annual facility average case-mix scores to calculate the~~	122401
~~facility's rate for direct care costs for the appropriate calendar~~	122402
~~quarter or quarters.~~	122403

~~(D) The department shall prepare a written summary of any~~	122404
~~audit disallowance or exception review finding that is made after~~	122405
~~the effective date of the rate that is based on the cost or~~	122406
~~case-mix data. Where the provider is pursuing judicial or~~	122407
~~administrative remedies in good faith regarding the disallowance~~	122408
~~or finding, the department shall not withhold from the provider's~~	122409
~~current payments any amounts the department claims to be due from~~	122410
~~the provider pursuant to section 5111.28 of the Revised Code.~~	122411

~~(E) The department shall not reduce rates calculated under~~	122412
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	122413
~~the provider charges a lower rate to any resident who is not~~	122414
~~eligible for the medicaid program.~~	122415

~~(F) The department shall adjust the rates calculated under~~	122416
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	122417
~~reasonable additional costs that must be incurred by intermediate~~	122418
~~care facilities for the mentally retarded to comply with~~	122419
~~requirements of federal or state statutes, rules, or policies~~	122420
~~enacted or amended after January 1, 1992, or with orders issued by~~	122421
~~state or local fire authorities.~~	122422

Sec. 5165.109. (A) The department of medicaid may conduct an	122423
audit, as defined in rules adopted under section 5165.02 of the	122424
Revised Code, of any cost report filed under section 5165.10 or	122425
5165.522 of the Revised Code. The decision whether to conduct an	122426
audit and the scope of the audit, which may be a desk or field	122427
audit, may be determined based on prior performance of the	122428
provider, a risk analysis, or other evidence that gives the	122429
department reason to believe that the provider has reported costs	122430
improperly. A desk or field audit may be performed annually, but	122431
is required whenever a provider does not pass the risk analysis	122432
tolerance factors.	122433

(B) Audits shall be conducted by auditors under contract with	122434
the department, auditors working for firms under contract with the	122435
department, or auditors employed by the department.	122436

The department may establish a contract for the auditing of	122437
nursing facilities by outside firms. Each contract entered into by	122438
bidding shall be effective for one to two years.	122439

(C) The department shall notify a provider of the findings of	122440
an audit of a cost report by issuing an audit report. The audit	122441
report shall include notice of any fine imposed under section	122442
5165.1010 of the Revised Code. The department shall issue the	122443
audit report not later than three years after the earlier of the	122444
following:	122445

(1) The date the cost report is filed;

122446

(2) The date a desk or field audit of the cost report or a	122447
cost report for a subsequent cost reporting period is completed.	122448

(D) The department shall prepare a written summary of any	122449
audit disallowance that is made after the effective date of the	122450
rate that is based on the cost. Where the provider is pursuing	122451
judicial or administrative remedies in good faith regarding the	122452
disallowance, the department shall not withhold from the	122453
provider's current payments any amounts the department claims to	122454
be due from the provider pursuant to section 5165.41 of the	122455
Revised Code.	122456

(E)(1) The department shall establish an audit manual and	122457
program for field audits conducted under this section. Each	122458
auditor conducting a field audit under this section shall follow	122459
the audit manual and program, regardless of whether the auditor is	122460
under contract with the department, works for a firm under	122461
contract with the department, or is employed by the department.	122462
The manual and program shall do both of the following:	122463

(a) Require each field audit to be conducted by an auditor to	122464
whom all of the following apply:	122465

(i) During the period of the auditor's contract, firm's	122466
contract, or auditor's employment with the department, the auditor	122467
or firm does not have and is not committed to acquire any direct	122468
or indirect financial interest in the ownership, financing, or	122469
operation of nursing facilities in this state.	122470

(ii) The auditor does not audit any provider that has been a	122471
client of the auditor or the auditor's firm.	122472

(iii) The auditor is otherwise independent as determined by	122473
the standards of independence included in the government auditing	122474
standards produced by the United States government accountability	122475
office.	122476

(b) Require each auditor conducting a field audit to do all	122477
of the following:	122478

(i) Comply with applicable rules prescribed pursuant to Title	122479
XVIII and Title XIX;	122480

(ii) Consider generally accepted auditing standards	122481
prescribed by the American institute of certified public	122482
accountants;	122483

(iii) Include a written summary as to whether the costs	122484
included in the cost report examined during the audit are	122485
allowable and are presented in accordance with state and federal	122486
laws and regulations, and whether, in all material respects,	122487
allowable costs are documented, reasonable, and related to patient	122488
care;	122489

(iv) Complete the audit within the time period specified by	122490
the department;	122491

(v) Provide to the provider complete written interpretations	122492
that explain in detail the application of all relevant contract	122493
provisions, regulations, auditing standards, rate formulae, and	122494
departmental policies, with explanations and examples, that are	122495
sufficient to permit the provider to calculate with reasonable	122496
certainty those costs that are allowable and the rate to which the	122497
provider's nursing facility is entitled.	122498

(2) For the purpose of division (E)(1)(a)(i) of this section,	122499
employment of a member of an auditor's family by a nursing	122500
facility that the auditor does not audit does not constitute a	122501
direct or indirect financial interest in the ownership, financing,	122502
or operation of the nursing facility.	122503

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	122504
section, the department of ~~job and family services~~medicaid shall	122505
fine the provider of a nursing facility if the report of an audit	122506
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	122507
Revised Code regarding a cost report for the nursing facility	122508
includes either of the following:	122509

(1) Adverse findings that exceed three per cent of the total	122510
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	122511
in the cost report;	122512

(2) Adverse findings that exceed twenty per cent of	122513
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	122514
cost center reported in the cost report.	122515

(B) A fine issued under this section shall equal the greatest	122516
of the following:	122517

(1) If the adverse findings exceed three per cent but do not	122518
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	122519
medicaid-allowable costs reported in the cost report, the greater	122520
of three per cent of those reported costs or ten thousand dollars;	122521

(2) If the adverse findings exceed ten per cent but do not	122522
exceed twenty per cent of the total amount of	122523
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122524
cost report, the greater of six per cent of those reported costs	122525
or twenty-five thousand dollars;	122526

(3) If the adverse findings exceed twenty per cent of the	122527
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	122528
reported in the cost report, the greater of ten per cent of those	122529
reported costs or fifty thousand dollars;	122530

(4) If the adverse findings exceed twenty per cent but do not	122531
exceed twenty-five per cent of ~~medicaid-reimbursable~~	122532
medicaid-allowable costs for a particular cost center reported in	122533
the cost report, the greater of three per cent of the total amount	122534
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122535
cost report or ten thousand dollars;	122536

(5) If the adverse findings exceed twenty-five per cent but	122537
do not exceed thirty per cent of ~~medicaid-reimbursable~~	122538
medicaid-allowable costs for a particular cost center reported in	122539
the cost report, the greater of six per cent of the total amount	122540
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122541
cost report or twenty-five thousand dollars;	122542

(6) If the adverse findings exceed thirty per cent of	122543
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	122544
cost center reported in the cost report, the greater of ten per	122545
cent of the total amount of ~~medicaid-reimbursable~~	122546
medicaid-allowable costs reported in the cost report or fifty	122547
thousand dollars.	122548

(C) Fines paid under this section shall be deposited into the	122549
health care services administration fund created under section	122550
~~5111.94~~5162.54 of the Revised Code.	122551

(D) The department may not collect a fine under this section	122552
until all appeal rights relating to the audit report that is the	122553
basis for the fine are exhausted.	122554

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	122555
~~resource utilization resident" means a medicaid recipient residing~~	122556
~~in a nursing facility who, for purposes of calculating the nursing~~	122557
~~facility's medicaid reimbursement rate for direct care costs, is~~	122558
~~placed in either of the two lowest resource utilization groups,~~	122559
~~excluding any resource utilization group that is a default group~~	122560
~~used for residents with incomplete assessment data.~~	122561

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	122562
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	122563
~~division (C) of this section~~, the total per medicaid day payment	122564
rate that the department of ~~job and family services~~medicaid shall	122565
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	122566
facility ~~pursuant to a provider agreement~~provider for nursing	122567
facility services the provider's nursing facility provides during	122568
a fiscal year shall equal the sum of all of the following:	122569

(1) ~~The rate for direct care costs determined for the nursing~~	122570
~~facility under section 5111.231 of the Revised Code;~~	122571

~~(2)~~ The per medicaid day payment rate for ancillary and	122572
support costs determined for the nursing ~~facility's ancillary and~~	122573
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	122574
the Revised Code;	122575

~~(3)~~(2) The per medicaid day payment rate for capital costs	122576
determined for the nursing facility under section 5165.17 of the	122577
Revised Code;	122578

(3) The per medicaid day payment rate for direct care costs	122579
determined for the nursing facility under section 5165.19 of the	122580
Revised Code;	122581

(4) The per medicaid day payment rate for tax costs	122582
determined for the nursing facility under section ~~5111.242~~5165.21	122583
of the Revised Code;	122584

~~(4) The quality incentive payment paid to the nursing~~	122585
~~facility under section 5111.244 of the Revised Code;~~	122586

(5) If the nursing facility qualifies as a critical access	122587
nursing facility, the nursing facility's critical access incentive	122588
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	122589
5165.23 of the Revised Code;	122590

(6) The ~~rate for capital costs determined for the nursing~~	122591
~~facility's capital costs peer group under section 5111.25~~quality	122592
incentive payment paid to the nursing facility under section	122593
5165.25 of the Revised Code.	122594

~~(C) The total rate determined under division (B) of this~~	122595
~~section shall not be paid for nursing facility services provided~~	122596
~~to low resource utilization residents. Instead, the total rate for~~	122597
~~nursing facility services that a nursing facility provides to low~~	122598
~~resource utilization residents shall be one hundred thirty dollars~~	122599
~~per medicaid day.~~	122600

~~(D)~~(B) In addition to paying a nursing facility provider the	122601
nursing facility's total rate determined under division ~~(B) or~~	122602
~~(C)~~(A) of this section for a fiscal year, the department shall pay	122603
the provider a quality bonus under section ~~5111.245~~5165.26 of the	122604
Revised Code for that fiscal year if the provider's nursing	122605
facility is a qualifying nursing facility, as defined in that	122606
section, for that fiscal year. The quality bonus shall not be part	122607
of the total rate.	122608

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	122609
~~services shall establish initial rates for a nursing facility with~~	122610
~~a first date of licensure that is on or after July 1, 2006,~~	122611
~~including a facility that replaces one or more existing~~	122612
~~facilities, or for a nursing facility with a first date of~~	122613
~~licensure before that date that was initially certified for the~~	122614
~~medicaid program on or after that date,~~total per medicaid day	122615
payment rate determined under section 5165.15 of the Revised Code	122616
shall not be the initial rate for nursing facility services	122617
provided by a new nursing facility. Instead, the initial total per	122618
medicaid day payment rate for nursing facility services provided	122619
by a new nursing facility shall be determined in the following	122620
manner:	122621

(1) The initial rate for ancillary and support costs shall be	122622
the rate for the new nursing facility's peer group determined	122623
under division (D) of section 5165.16 of the Revised Code.	122624

(2) The initial rate for capital costs shall be the rate for	122625
the new nursing facility's peer group determined under division	122626
(D) of section 5165.17 of the Revised Code;	122627

(3) The initial rate for direct care costs shall be the	122628
product of the cost per case-mix unit determined under division	122629
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	122630
nursing facility's peer group and the new nursing facility's	122631
case-mix score determined under division (B) of this section. ~~For~~	122632
~~the purpose of division (A)(1) of this section, the nursing~~	122633
~~facility's case-mix score shall be the following:~~	122634

~~(a) Unless the nursing facility replaces an existing nursing~~	122635
~~facility that participated in the medicaid program immediately~~	122636
~~before the replacement nursing facility begins participating in~~	122637
~~the medicaid program, the median annual average case-mix score for~~	122638
~~the nursing facility's peer group;~~	122639

~~(b) If the nursing facility replaces an existing nursing~~	122640
~~facility that participated in the medicaid program immediately~~	122641
~~before the replacement nursing facility begins participating in~~	122642
~~the medicaid program, the semiannual case-mix score most recently~~	122643
~~determined under section 5111.232 of the Revised Code for the~~	122644
~~replaced nursing facility as adjusted, if necessary, to reflect~~	122645
~~any difference in the number of beds in the replaced and~~	122646
~~replacement nursing facilities.~~	122647

~~(2) The rate for ancillary and support costs shall be the~~	122648
~~rate for the facility's peer group determined under division (D)~~	122649
~~of section 5111.24 of the Revised Code.~~	122650

~~(3) The rate for capital costs shall be the rate for the~~	122651
~~facility's peer group determined under division (D) of section~~	122652
~~5111.25 of the Revised Code.~~	122653

(4) The initial rate for tax costs shall be the median rate	122654
for tax costs for the new nursing facility's peer group in which	122655
the nursing facility is placed under division (C) of section	122656
~~5111.24~~5165.16 of the Revised Code.	122657

(5) The quality incentive payment shall be the mean payment	122658
made to nursing facilities under section ~~5111.244~~5165.25 of the	122659
Revised Code.	122660

(B) For the purpose of division (A)(3) of this section, a new	122661
nursing facility's case-mix score shall be the following:	122662

(1) Unless the new nursing facility replaces an existing	122663
nursing facility that participated in the medicaid program	122664
immediately before the new nursing facility begins participating	122665
in the medicaid program, the median annual average case-mix score	122666
for the new nursing facility's peer group;	122667

(2) If the nursing facility replaces an existing nursing	122668
facility that participated in the medicaid program immediately	122669
before the new nursing facility begins participating in the	122670
medicaid program, the semiannual case-mix score most recently	122671
determined under section 5165.192 of the Revised Code for the	122672
replaced nursing facility as adjusted, if necessary, to reflect	122673
any difference in the number of beds in the replaced and new	122674
nursing facilities.	122675

(C) Subject to division ~~(C)~~(D) of this section, the	122676
department shall adjust the rates established under division (A)	122677
of this section effective the first day of July, to reflect new	122678
rate calculations for all nursing facilities under ~~sections~~	122679
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	122680

~~(C)~~(D) If a rate for direct care costs is determined under	122681
this section for a new nursing facility using the median annual	122682
average case-mix score for the new nursing facility's peer group,	122683
the rate shall be redetermined to reflect the ~~replacement~~new	122684
nursing facility's actual semiannual average case-mix score	122685
determined under section ~~5111.232~~5165.192 of the Revised Code	122686
after the new nursing facility submits its first two quarterly	122687
assessment data that qualify for use in calculating a case-mix	122688
score in accordance with rules authorized by ~~division (E) of~~	122689
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	122690
facility's quarterly submissions do not qualify for use in	122691
calculating a case-mix score, the department shall continue to use	122692
the median annual average case-mix score for the new nursing	122693
facility's peer group in lieu of the new nursing facility's	122694
semiannual case-mix score until the new nursing facility submits	122695
two consecutive quarterly assessment data that qualify for use in	122696
calculating a case-mix score.	122697

Sec. 5165.152. The total per medicaid day payment rate	122698
determined under section 5165.15 of the Revised Code shall not be	122699
paid for nursing facility services provided to low resource	122700
utilization residents. Instead, the total rate for such nursing	122701
facility services shall be one hundred thirty dollars per medicaid	122702
day.	122703

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	122704
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	122705
~~Revised Code), the director of job and family services shall adopt~~	122706
~~rules under section 5111.02 of the Revised Code that establish a~~	122707
~~methodology for calculating the prospective rates that will be~~	122708
~~paid each fiscal year to a provider for each of the provider's~~	122709
~~eligible nursing facilities and intermediate care facilities for~~	122710
~~the mentally retarded, and discrete units of the provider's~~	122711
~~nursing facilities or intermediate care facilities for the~~	122712
~~mentally retarded, that serve residents who have diagnoses~~The	122713
total per medicaid day payment rate determined under section	122714
5165.15 of the Revised Code shall not be paid for nursing facility	122715
services provided by a nursing facility, or discrete unit of a	122716
nursing facility, designated by the department of medicaid as an	122717
outlier nursing facility or unit. Instead, the provider of a	122718
designated outlier nursing facility or unit shall be paid each	122719
fiscal year a total per medicaid day payment rate that the	122720
department shall prospectively determine in accordance with a	122721
methodology established in rules authorized by this section.	122722

(B) The department may designate a nursing facility, or	122723
discrete unit of a nursing facility, as an outlier nursing	122724
facility or unit if the nursing facility or unit serves residents	122725
who have either of the following:	122726

(1) Diagnoses or special care needs that require direct care	122727
resources that are not measured adequately by the ~~applicable~~	122728
resident assessment instrument specified in rules authorized by	122729
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	122730
~~diagnoses~~;	122731

(2) Diagnoses or special care needs specified in ~~the~~ rules	122732
authorized by this section as otherwise qualifying for	122733
consideration under this section. ~~The facilities and units of~~	122734
~~facilities whose rates are established under this division may~~	122735
~~include, but shall not be limited to, any of the following:~~	122736

~~(1) In the case of nursing facilities, facilities and units~~	122737
~~of facilities that serve medically fragile pediatric residents,~~	122738
~~residents who are dependent on ventilators, or residents who have~~	122739
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	122740
~~end-stage acquired immunodeficiency syndrome;~~	122741

~~(2) In the case of intermediate care facilities for the~~	122742
~~mentally retarded, facilities and units of facilities that serve~~	122743
~~residents who have complex medical conditions or severe behavioral~~	122744
~~problems.~~	122745

~~The department shall use the methodology established under~~	122746
~~this division to pay for services rendered by such facilities and~~	122747
~~units after June 30, 1993.~~	122748

(C) Notwithstanding any other provision of this chapter	122749
(except section 5165.156 of the Revised Code), the costs incurred	122750
by a designated outlier nursing facility or unit shall not be	122751
considered in establishing medicaid payment rates for other	122752
nursing facilities or units.	122753

(D) The medicaid director shall adopt rules under section	122754
5165.02 of the Revised Code as necessary to implement this	122755
section.	122756

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	122757
both of the following:	122758

(i) Specify the criteria and procedures the department will	122759
apply when designating ~~facilities and units that qualify for~~	122760
~~calculation of rates under this division~~a nursing facility, or	122761
discrete unit of a nursing facility, as an outlier nursing	122762
facility or unit;	122763

(ii) Establish a methodology for prospectively determining	122764
the total per medicaid day payment rate that will be paid each	122765
fiscal year for nursing facility services provided by a designated	122766
outlier nursing facility or unit. ~~The criteria shall include~~	122767

(b) The rules authorized by division (D)(1)(a)(i) of this	122768
section regarding the criteria for designating outlier nursing	122769
facilities and units shall do both of the following:	122770

(i) Provide for consideration of whether all of the allowable	122771
costs of ~~the~~a nursing facility, or discrete unit of a nursing	122772
facility, would be paid by ~~rates established~~a rate determined	122773
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	122774
Code~~, and shall establish a~~;	122775

(ii) Specify the minimum ~~bed size for a~~number of nursing	122776
facility beds that a nursing facility, or discrete unit ~~to qualify~~	122777
toof a nursing facility, must have ~~its rates established under~~	122778
~~this division~~to be designated an outlier nursing facility or	122779
unit, which may vary based on the diagnoses or special care needs	122780
of the residents served by the nursing facility or unit. ~~The~~	122781
~~criteria shall not be designed to require that residents be served~~	122782
~~only in~~	122783

(c) The rules authorized by division (D)(1)(a)(i) of this	122784
section regarding the criteria for designating outlier nursing	122785
facilities and units shall not limit the designation to nursing	122786
facilities, or discrete units of nursing facilities, located in	122787
large cities. ~~The~~	122788

(d) The rules authorized by division (D)(1)(a)(ii) of this	122789
section regarding the methodology for prospectively determining	122790
the rates of designated outlier nursing facilities and units shall	122791
provide for the methodology ~~established by the rules shall~~to	122792
consider the historical costs of providing ~~care~~nursing facility	122793
services to the residents of ~~the~~designated outlier nursing	122794
facilities orand units.	122795

(2)(a) The rules may ~~require~~do both of the following:

122796

(i) Include for designation as an outlier nursing facility or	122797
unit, a nursing facility, or discrete unit of a nursing facility,	122798
that serves medically fragile pediatric residents; residents who	122799
are dependent on ventilators; residents who have severe traumatic	122800
brain injury, end-stage Alzheimer's disease, or end-stage acquired	122801
immunodeficiency syndrome; or residents with other diagnoses or	122802
special care needs specified in the rules;	122803

(ii) Require that a designated outlier nursing facility	122804
~~designated under this division or containing a unit designated~~	122805
~~under this division~~ receive authorization from the department to	122806
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	122807
~~facility or unit and~~.	122808

(b) If the director adopts rules authorized by division	122809
(D)(2)(a)(ii) of this section regarding the authorization of a	122810
designated outlier nursing facility or unit to admit or retain a	122811
resident, the rules shall specify the criteria and procedures the	122812
department will apply when granting that authorization.	122813

~~Notwithstanding any other provision of sections 5111.20 to~~	122814
~~5111.331 of the Revised Code (except section 5111.259 of the~~	122815
~~Revised Code), the costs incurred by facilities or units whose~~	122816
~~rates are established under this division shall not be considered~~	122817
~~in establishing payment rates for other facilities or units.~~	122818

~~(B) The director may adopt rules under section 5111.02 of the~~	122819
~~Revised Code under which the department, notwithstanding any other~~	122820
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	122821
~~(except section 5111.259 of the Revised Code), may adjust the~~	122822
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	122823
~~Code for a facility that serves a resident who has a diagnosis or~~	122824
~~special care need that, in the rules authorized by division (A) of~~	122825
~~this section, would qualify a facility or unit of a facility to~~	122826
~~have its rate determined under that division, but who is not in~~	122827
~~such a unit. The rules may require that a facility that qualifies~~	122828
~~for a rate adjustment under this division receive authorization~~	122829
~~from the department to admit or retain a resident who qualifies~~	122830
~~the facility for the rate adjustment and shall specify the~~	122831
~~criteria and procedures the department will apply when granting~~	122832
~~that authorization.~~	122833

Sec. 5165.154. (A) To the extent, if any, provided for in	122834
rules authorized by this section, the total per medicaid day	122835
payment rate determined under section 5165.15 of the Revised Code	122836
shall not be paid for nursing facility services that a nursing	122837
facility not designated as an outlier nursing facility or unit	122838
provides to a resident who meets the criteria for admission to a	122839
designated outlier nursing facility or unit, as specified in rules	122840
authorized by section 5165.153 of the Revised Code. Instead, the	122841
provider of a nursing facility providing nursing facility services	122842
to such a resident shall be paid each fiscal year a total per	122843
medicaid day payment rate that the department of medicaid shall	122844
prospectively determine in accordance with a methodology	122845
established in rules authorized by this section.	122846

(B) The medicaid director may adopt rules under section	122847
5165.02 of the Revised Code to implement this section. The rules	122848
may require that a nursing facility receive authorization from the	122849
department before admitting or retaining a resident who meets the	122850
criteria for admission to a designated outlier nursing facility or	122851
unit. If the director adopts such rules, the rules shall specify	122852
the criteria and procedures the department will apply when	122853
granting the authorization.	122854

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

122855

~~"Dual eligible individual" has the same meaning as in section~~	122856
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	122857
~~42 U.S.C. 1396n(h)(2)(B).~~	122858

~~"Medicaid~~, "medicaid maximum allowable amount" means one	122859
hundred per cent of a nursing facility's total per ~~diem~~medicaid	122860
day payment rate ~~for a medicaid day~~.	122861

(B) ~~The~~Instead of paying the total per medicaid day payment	122862
rate determined under section 5165.15 of the Revised Code, the	122863
department of ~~job and family services~~medicaid shall pay the	122864
provider of a nursing facility the lesser of the following for	122865
nursing facility services the nursing facility provides on or	122866
after January 1, 2012, to a dual eligible individual who is	122867
eligible for nursing facility services under the medicaid program	122868
and post-hospital extended care services under Part A of Title	122869
XVIII:	122870

(1) The coinsurance amount for the services as provided under	122871
Part A of Title XVIII;	122872

(2) The medicaid maximum allowable amount for the services,	122873
less the amount paid under Part A of Title XVIII for the services.	122874

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	122875
~~family services~~ may ~~submit a request to the United States~~	122876
~~secretary of health and human services for approval to~~ establish a	122877
centers of excellence component of the medicaid program. The	122878
purpose of the centers of excellence component is to increase the	122879
efficiency and quality of nursing facility services provided to	122880
medicaid recipients with complex nursing facility service needs.	122881
~~If federal approval for the centers of excellence component is~~	122882
~~granted, the~~The director may adopt rules under section ~~5111.02~~	122883
5165.02 of the Revised Code governing the component, including	122884
rules that establish a method of determining the medicaid	122885
~~reimbursement~~payment rates for nursing facilities providing	122886
nursing facility services to medicaid recipients participating in	122887
the component. The rules may specify the extent to which, if any,	122888
of the provisions of ~~section 5111.258~~sections 5165.153 and	122889
5165.154 of the Revised Code are to apply to the centers of	122890
excellence component. If such rules are adopted, the nursing	122891
facilities that provide nursing facility services to medicaid	122892
recipients participating in the centers of excellence component	122893
shall be paid for those services in accordance with the method	122894
established in the rules ~~notwithstanding anything to the contrary~~	122895
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	122896
day payment rate determined under section 5165.15 of the Revised	122897
Code.	122898

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

122899

(1) "Applicable calendar year" means the following:

122900

(a) For the purpose of the department of ~~job and family~~	122901
~~services'~~medicaid's initial determination under division (D) of	122902
this section of each peer group's rate for ancillary and support	122903
costs, calendar year 2003;	122904

(b) For the purpose of the department's rebasings, the	122905
calendar year the department selects.	122906

(2) "Rebasing" means a redetermination under division (D) of	122907
this section of each peer ~~groups'~~group's rate for ancillary and	122908
support costs using information from cost reports for an	122909
applicable calendar year that is later than the applicable	122910
calendar year used for the previous determination of such rates.	122911

(B) The department of ~~job and family services~~medicaid shall	122912
~~pay a provider for~~determine each ~~of the provider's eligible~~	122913
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	122914
payment rate for ancillary and support costs ~~determined for the~~.	122915
A nursing facility's ~~peer group~~rate shall be the rate determined	122916
under division (D) of this section for the nursing facility's peer	122917
group. However, for the period beginning October 1, 2013, and	122918
ending on the first day of the first rebasing, the rate for a	122919
nursing facility located in Mahoning or Stark county shall be the	122920
rate determined for the following:	122921

(1) If the nursing facility has fewer than one hundred beds,	122922
the nursing facilities in peer group three;	122923

(2) If the nursing facility has one hundred or more beds, the	122924
nursing facilities in peer group four.	122925

(C) For the purpose of determining nursing facilities' ~~rate~~	122926
rates for ancillary and support costs, the department shall	122927
establish six peer groups.	122928

~~Each~~(1) Until the first rebasing occurs, the peer groups	122929
shall be composed as follows:	122930

(a) Each nursing facility located in any of the following	122931
counties shall be placed in peer group one or two: Brown, Butler,	122932
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	122933
located in any of those counties that has fewer than one hundred	122934
beds shall be placed in peer group one. Each nursing facility	122935
located in any of those counties that has one hundred or more beds	122936
shall be placed in peer group two.	122937

(b) Each nursing facility located in any of the following	122938
counties shall be placed in peer group three or four: Ashtabula,	122939
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	122940
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	122941
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	122942
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	122943
Union, and Wood. Each nursing facility located in any of those	122944
counties that has fewer than one hundred beds shall be placed in	122945
peer group three. Each nursing facility located in any of those	122946
counties that has one hundred or more beds shall be placed in peer	122947
group four.	122948

(c) Each nursing facility located in any of the following	122949
counties shall be placed in peer group five or six: Adams, Allen,	122950
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	122951
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	122952
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	122953
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	122954
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	122955
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	122956
Washington, Wayne, Williams, and Wyandot. Each nursing facility	122957
located in any of those counties that has fewer than one hundred	122958
beds shall be placed in peer group five. Each nursing facility	122959
located in any of those counties that has one hundred or more beds	122960
shall be placed in peer group six.	122961

(2) Beginning with the first rebasing, the peer groups shall	122962
be composed as they are under division (C)(1) of this section	122963
except as follows:	122964

(a) Each nursing facility that has fewer than one hundred	122965
beds and is located in Mahoning or Stark county shall be placed in	122966
peer group three rather than peer group five.	122967

(b) Each nursing facility that has one hundred or more beds	122968
and is located in Mahoning or Stark county shall be placed in peer	122969
group four rather than peer group six.	122970

(D)(1) The department shall determine the rate for ancillary	122971
and support costs for each peer group established under division	122972
(C) of this section. The department is not required to conduct a	122973
rebasing more than once every ten years. Except as necessary to	122974
implement the amendments made to this section by Am. Sub. H.B. 153	122975
and Sub. H.B. 303, both of the 129th general assembly, the rate	122976
for ancillary and support costs determined under this division for	122977
a peer group shall be used for subsequent years until the	122978
department conducts a rebasing. To determine a peer group's rate	122979
for ancillary and support costs, the department shall do all of	122980
the following:	122981

(a) Subject to division (D)(2) of this section, determine the	122982
rate for ancillary and support costs for each nursing facility in	122983
the peer group for the applicable calendar year by using the	122984
greater of the nursing facility's actual inpatient days for the	122985
applicable calendar year or the inpatient days the nursing	122986
facility would have had for the applicable calendar year if its	122987
occupancy rate had been ninety per cent;	122988

(b) Subject to division (D)(3) of this section, identify	122989
which nursing facility in the peer group is at the twenty-fifth	122990
percentile of the rate for ancillary and support costs for the	122991
applicable calendar year determined under division (D)(1)(a) of	122992
this section;	122993

(c) Multiply the rate for ancillary and support costs	122994
determined under division (D)(1)(a) of this section for the	122995
nursing facility identified under division (D)(1)(b) of this	122996
section by the rate of inflation for the eighteen-month period	122997
beginning on the first day of July of the applicable calendar year	122998
and ending the last day of December of the calendar year	122999
immediately following the applicable calendar year using the	123000
following:	123001

(i) Until the first rebasing occurs, the consumer price index	123002
for all items for all urban consumers for the north central	123003
region, published by the United States bureau of labor statistics,	123004
as that index existed on July 1, 2005;	123005

(ii) Effective with the first rebasing and except as provided	123006
in division (D)(1)(c)(iii) of this section, the consumer price	123007
index for all items for all urban consumers for the midwest	123008
region, published by the United States bureau of labor statistics;	123009

(iii) If the United States bureau of labor statistics ceases	123010
to publish the index specified in division (D)(1)(c)(ii) of this	123011
section, the index the bureau subsequently publishes that covers	123012
urban consumers' prices for items for the region that includes	123013
this state.	123014

(d) Until the first rebasing occurs, increase the amount	123015
calculated under division (D)(1)(c) of this section by five and	123016
eight hundredths per cent.	123017

(2) For the purpose of determining a nursing facility's	123018
occupancy rate under division (D)(1)(a) of this section, the	123019
department shall include any beds that the nursing facility	123020
removes from its medicaid-certified capacity unless the nursing	123021
facility also removes the beds from its licensed bed capacity.	123022

(3) In making the identification under division (D)(1)(b) of	123023
this section, the department shall exclude both of the following:	123024

(a) Nursing facilities that participated in the medicaid	123025
program under the same provider for less than twelve months in the	123026
applicable calendar year;	123027

(b) Nursing facilities whose ancillary and support costs are	123028
more than one standard deviation from the mean desk-reviewed,	123029
actual, allowable, per diem ancillary and support cost for all	123030
nursing facilities in the nursing facility's peer group for the	123031
applicable calendar year.	123032

(4) The department shall not redetermine a peer group's rate	123033
for ancillary and support costs under this division based on	123034
additional information that it receives after the rate is	123035
determined. The department shall redetermine a peer group's rate	123036
for ancillary and support costs only if the department made an	123037
error in determining the rate based on information available to	123038
the department at the time of the original determination.	123039

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

123040

(1) "Applicable calendar year" means the following:

123041

(a) For the purpose of the department of ~~job and family~~	123042
~~services'~~medicaid's initial determination under division (D) of	123043
this section of each peer group's rate for capital costs, calendar	123044
year 2003;	123045

(b) For the purpose of the department's rebasings, the	123046
calendar year the department selects.	123047

(2) "Rebasing" means a redetermination under division (D) of	123048
this section of each peer ~~groups'~~group's rate for capital costs	123049
using information from cost reports for an applicable calendar	123050
year that is later than the applicable calendar year used for the	123051
previous determination of such rates.	123052

(B) The department of ~~job and family services~~medicaid shall	123053
~~pay a provider for~~determine each ~~of the provider's eligible~~	123054
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	123055
payment rate for capital costs ~~determined for the~~. A nursing	123056
facility's ~~peer group~~rate shall be the rate determined under	123057
division (D) of this section. However, for the period beginning	123058
October 1, 2013, and ending on the first day of the first	123059
rebasing, the rate for a nursing facility located in Mahoning or	123060
Stark county shall be the rate determined for the following:	123061

(1) If the nursing facility has fewer than one hundred beds,	123062
the nursing facilities in peer group three;	123063

(2) If the nursing facility has one hundred or more beds, the	123064
nursing facilities in peer group four.	123065

(C) For the purpose of determining nursing facilities' ~~rate~~	123066
rates for capital costs, the department shall establish six peer	123067
groups.	123068

~~Each~~(1) Until the first rebasing occurs, the peer groups	123069
shall be composed as follows:	123070

(a) Each nursing facility located in any of the following	123071
counties shall be placed in peer group one or two: Brown, Butler,	123072
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	123073
located in any of those counties that has fewer than one hundred	123074
beds shall be placed in peer group one. Each nursing facility	123075
located in any of those counties that has one hundred or more beds	123076
shall be placed in peer group two.	123077

(b) Each nursing facility located in any of the following	123078
counties shall be placed in peer group three or four: Ashtabula,	123079
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	123080
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	123081
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	123082
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	123083
Union, and Wood. Each nursing facility located in any of those	123084
counties that has fewer than one hundred beds shall be placed in	123085
peer group three. Each nursing facility located in any of those	123086
counties that has one hundred or more beds shall be placed in peer	123087
group four.	123088

(c) Each nursing facility located in any of the following	123089
counties shall be placed in peer group five or six: Adams, Allen,	123090
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	123091
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	123092
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	123093
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	123094
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	123095
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	123096
Washington, Wayne, Williams, and Wyandot. Each nursing facility	123097
located in any of those counties that has fewer than one hundred	123098
beds shall be placed in peer group five. Each nursing facility	123099
located in any of those counties that has one hundred or more beds	123100
shall be placed in peer group six.	123101

(2) Beginning with the first rebasing, the peer groups shall	123102
be composed as they are under division (C)(1) of this section	123103
except as follows:	123104

(a) Each nursing facility that has fewer than one hundred	123105
beds and is located in Mahoning or Stark county shall be placed in	123106
peer group three rather than peer group five.	123107

(b) Each nursing facility that has one hundred or more beds	123108
and is located in Mahoning or Stark county shall be placed in peer	123109
group four rather than peer group six.	123110

(D)(1) The department shall determine the rate for capital	123111
costs for each peer group established under division (C) of this	123112
section. The department is not required to conduct a rebasing more	123113
than once every ten years. Except as necessary to implement the	123114
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	123115
303, both of the 129th general assembly, the rate for capital	123116
costs determined under this division for a peer group shall be	123117
used for subsequent years until the department conducts a	123118
rebasing. To determine a peer group's rate for capital costs, the	123119
department shall do both of the following:	123120

(a) Determine the rate for capital costs for the nursing	123121
facility in the peer group that is at the twenty-fifth percentile	123122
of the rate for capital costs for the applicable calendar year;	123123

(b) Until the first rebasing occurs, increase the amount	123124
calculated under division (D)(1)(a) of this section by five and	123125
eight hundredths per cent.	123126

(2) To identify the nursing facility in a peer group that is	123127
at the twenty-fifth percentile of the rate for capital costs for	123128
the applicable calendar year, the department shall do both of the	123129
following:	123130

(a) Subject to division (D)(3) of this section, use the	123131
greater of each nursing facility's actual inpatient days for the	123132
applicable calendar year or the inpatient days the nursing	123133
facility would have had for the applicable calendar year if its	123134
occupancy rate had been one hundred per cent;	123135

(b) Exclude both of the following:

123136

(i) Nursing facilities that participated in the medicaid	123137
program under the same provider for less than twelve months in the	123138
applicable calendar year;	123139

(ii) Nursing facilities whose capital costs are more than one	123140
standard deviation from the mean desk-reviewed, actual, allowable,	123141
per diem capital cost for all nursing facilities in the nursing	123142
facility's peer group for the applicable calendar year.	123143

(3) For the purpose of determining a nursing facility's	123144
occupancy rate under division (D)(2)(a) of this section, the	123145
department shall include any beds that the nursing facility	123146
removes from its medicaid-certified capacity after June 30, 2005,	123147
unless the nursing facility also removes the beds from its	123148
licensed bed capacity.	123149

(4) The department shall not redetermine a peer group's rate	123150
for capital costs under this division based on additional	123151
information that it receives after the rate is determined. The	123152
department shall redetermine a peer group's rate for capital costs	123153
only if the department made an error in determining the rate based	123154
on information available to the department at the time of the	123155
original determination.	123156

(E) Buildings shall be depreciated using the straight line	123157
method over forty years or over a different period approved by the	123158
department. Components and equipment shall be depreciated using	123159
the straight-line method over a period designated in rules adopted	123160
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	123161
the guidelines of the American hospital association, or over a	123162
different period approved by the department. Any rules authorized	123163
by this division that specify useful lives of buildings,	123164
components, or equipment apply only to assets acquired on or after	123165
July 1, 1993. Depreciation for costs paid or reimbursed by any	123166
government agency shall not be included in capital costs unless	123167
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	123168
~~Revised Code~~this chapter is used to reimburse the government	123169
agency.	123170

(F) The capital cost basis of nursing facility assets shall	123171
be determined in the following manner:	123172

(1) Except as provided in division (F)(3) of this section,	123173
for purposes of calculating the rates to be paid for facilities	123174
with dates of licensure on or before June 30, 1993, the capital	123175
cost basis of each asset shall be equal to the desk-reviewed,	123176
actual, allowable, capital cost basis that is listed on the	123177
facility's cost report for the calendar year preceding the fiscal	123178
year during which the rate will be paid.	123179

(2) For facilities with dates of licensure after June 30,	123180
1993, the capital cost basis shall be determined in accordance	123181
with the principles of the medicare program ~~established under~~	123182
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	123183
~~5111.331 of the Revised Code~~this chapter.	123184

(3) Except as provided in division (F)(4) of this section, if	123185
a provider transfers an interest in a facility to another provider	123186
after June 30, 1993, there shall be no increase in the capital	123187
cost basis of the asset if the providers are related parties or	123188
the provider to which the interest is transferred authorizes the	123189
provider that transferred the interest to continue to operate the	123190
facility under a lease, management agreement, or other	123191
arrangement. If the previous sentence does not prohibit the	123192
adjustment of the capital cost basis under this division, the	123193
basis of the asset shall be adjusted by one-half of the change in	123194
the consumer price index for all items for all urban consumers, as	123195
published by the United States bureau of labor statistics, during	123196
the time that the transferor held the asset.	123197

(4) If a provider transfers an interest in a facility to	123198
another provider who is a related party, the capital cost basis of	123199
the asset shall be adjusted as specified in division (F)(3) of	123200
this section if all of the following conditions are met:	123201

(a) The related party is a relative of owner;

123202

(b) Except as provided in division (F)(4)(c)(ii) of this	123203
section, the provider making the transfer retains no ownership	123204
interest in the facility;	123205

(c) The department ~~of job and family services~~ determines that	123206
the transfer is an arm's length transaction pursuant to rules	123207
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	123208
rules shall provide that a transfer is an arm's length transaction	123209
if all of the following apply:	123210

(i) Once the transfer goes into effect, the provider that	123211
made the transfer has no direct or indirect interest in the	123212
provider that acquires the facility or the facility itself,	123213
including interest as an owner, officer, director, employee,	123214
independent contractor, or consultant, but excluding interest as a	123215
creditor.	123216

(ii) The provider that made the transfer does not reacquire	123217
an interest in the facility except through the exercise of a	123218
creditor's rights in the event of a default. If the provider	123219
reacquires an interest in the facility in this manner, the	123220
department shall treat the facility as if the transfer never	123221
occurred when the department calculates its reimbursement rates	123222
for capital costs.	123223

(iii) The transfer satisfies any other criteria specified in	123224
the rules.	123225

(d) Except in the case of hardship caused by a catastrophic	123226
event, as determined by the department, or in the case of a	123227
provider making the transfer who is at least sixty-five years of	123228
age, not less than twenty years have elapsed since, for the same	123229
facility, the capital cost basis was adjusted most recently under	123230
division (F)(4) of this section or actual, allowable ~~cost of~~	123231
~~ownership~~capital costs was determined most recently under	123232
division (G)(9) of this section.	123233

(G) As used in this division:

123234

"Imputed interest" means the lesser of the prime rate plus	123235
two per cent or ten per cent.	123236

"Lease expense" means lease payments in the case of an	123237
operating lease and depreciation expense and interest expense in	123238
the case of a capital lease.	123239

"New lease" means a lease, to a different lessee, of a	123240
nursing facility that previously was operated under a lease.	123241

(1) Subject to division (B) of this section, for a lease of a	123242
facility that was effective on May 27, 1992, the entire lease	123243
expense is an actual, allowable capital cost during the term of	123244
the existing lease. The entire lease expense also is an actual,	123245
allowable capital cost if a lease in existence on May 27, 1992, is	123246
renewed under either of the following circumstances:	123247

(a) The renewal is pursuant to a renewal option that was in	123248
existence on May 27, 1992;	123249

(b) The renewal is for the same lease payment amount and	123250
between the same parties as the lease in existence on May 27,	123251
1992.	123252

(2) Subject to division (B) of this section, for a lease of a	123253
facility that was in existence but not operated under a lease on	123254
May 27, 1992, actual, allowable capital costs shall include the	123255
lesser of the annual lease expense or the annual depreciation	123256
expense and imputed interest expense that would be calculated at	123257
the inception of the lease using the lessor's entire historical	123258
capital asset cost basis, adjusted by one-half of the change in	123259
the consumer price index for all items for all urban consumers, as	123260
published by the United States bureau of labor statistics, during	123261
the time the lessor held each asset until the beginning of the	123262
lease.	123263

(3) Subject to division (B) of this section, for a lease of a	123264
facility with a date of licensure on or after May 27, 1992, that	123265
is initially operated under a lease, actual, allowable capital	123266
costs shall include the annual lease expense if there was a	123267
substantial commitment of money for construction of the facility	123268
after December 22, 1992, and before July 1, 1993. If there was not	123269
a substantial commitment of money after December 22, 1992, and	123270
before July 1, 1993, actual, allowable capital costs shall include	123271
the lesser of the annual lease expense or the sum of the	123272
following:	123273

(a) The annual depreciation expense that would be calculated	123274
at the inception of the lease using the lessor's entire historical	123275
capital asset cost basis;	123276

(b) The greater of the lessor's actual annual amortization of	123277
financing costs and interest expense at the inception of the lease	123278
or the imputed interest expense calculated at the inception of the	123279
lease using seventy per cent of the lessor's historical capital	123280
asset cost basis.	123281

(4) Subject to division (B) of this section, for a lease of a	123282
facility with a date of licensure on or after May 27, 1992, that	123283
was not initially operated under a lease and has been in existence	123284
for ten years, actual, allowable capital costs shall include the	123285
lesser of the annual lease expense or the annual depreciation	123286
expense and imputed interest expense that would be calculated at	123287
the inception of the lease using the entire historical capital	123288
asset cost basis of one-half of the change in the consumer price	123289
index for all items for all urban consumers, as published by the	123290
United States bureau of labor statistics, during the time the	123291
lessor held each asset until the beginning of the lease.	123292

(5) Subject to division (B) of this section, for a new lease	123293
of a facility that was operated under a lease on May 27, 1992,	123294
actual, allowable capital costs shall include the lesser of the	123295
annual new lease expense or the annual old lease payment. If the	123296
old lease was in effect for ten years or longer, the old lease	123297
payment from the beginning of the old lease shall be adjusted by	123298
one-half of the change in the consumer price index for all items	123299
for all urban consumers, as published by the United States bureau	123300
of labor statistics, from the beginning of the old lease to the	123301
beginning of the new lease.	123302

(6) Subject to division (B) of this section, for a new lease	123303
of a facility that was not in existence or that was in existence	123304
but not operated under a lease on May 27, 1992, actual, allowable	123305
capital costs shall include the lesser of annual new lease expense	123306
or the annual amount calculated for the old lease under division	123307
(G)(2), (3), (4), or (6) of this section, as applicable. If the	123308
old lease was in effect for ten years or longer, the lessor's	123309
historical capital asset cost basis shall be, for purposes of	123310
calculating the annual amount under division (G)(2), (3), (4), or	123311
(6) of this section, adjusted by one-half of the change in the	123312
consumer price index for all items for all urban consumers, as	123313
published by the United States bureau of labor statistics, from	123314
the beginning of the old lease to the beginning of the new lease.	123315

In the case of a lease under division (G)(3) of this section	123316
of a facility for which a substantial commitment of money was made	123317
after December 22, 1992, and before July 1, 1993, the old lease	123318
payment shall be adjusted for the purpose of determining the	123319
annual amount.	123320

(7) For any revision of a lease described in division (G)(1),	123321
(2), (3), (4), (5), or (6) of this section, or for any subsequent	123322
lease of a facility operated under such a lease, other than	123323
execution of a new lease, the portion of actual, allowable capital	123324
costs attributable to the lease shall be the same as before the	123325
revision or subsequent lease.	123326

(8) Except as provided in division (G)(9) of this section, if	123327
a provider leases an interest in a facility to another provider	123328
who is a related party or previously operated the facility, the	123329
related party's or previous operator's actual, allowable capital	123330
costs shall include the lesser of the annual lease expense or the	123331
reasonable cost to the lessor.	123332

(9) If a provider leases an interest in a facility to another	123333
provider who is a related party, regardless of the date of the	123334
lease, the related party's actual, allowable capital costs shall	123335
include the annual lease expense, subject to the limitations	123336
specified in divisions (G)(1) to (7) of this section, if all of	123337
the following conditions are met:	123338

(a) The related party is a relative of owner;

123339

(b) If the lessor retains an ownership interest, it is,	123340
except as provided in division (G)(9)(c)(ii) of this section, in	123341
only the real property and any improvements on the real property;	123342

(c) The department ~~of job and family services~~ determines that	123343
the lease is an arm's length transaction pursuant to rules adopted	123344
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	123345
provide that a lease is an arm's length transaction if all of the	123346
following apply:	123347

(i) Once the lease goes into effect, the lessor has no direct	123348
or indirect interest in the lessee or, except as provided in	123349
division (G)(9)(b) of this section, the facility itself, including	123350
interest as an owner, officer, director, employee, independent	123351
contractor, or consultant, but excluding interest as a lessor.	123352

(ii) The lessor does not reacquire an interest in the	123353
facility except through the exercise of a lessor's rights in the	123354
event of a default. If the lessor reacquires an interest in the	123355
facility in this manner, the department shall treat the facility	123356
as if the lease never occurred when the department calculates its	123357
reimbursement rates for capital costs.	123358

(iii) The lease satisfies any other criteria specified in the	123359
rules.	123360

(d) Except in the case of hardship caused by a catastrophic	123361
event, as determined by the department, or in the case of a lessor	123362
who is at least sixty-five years of age, not less than twenty	123363
years have elapsed since, for the same facility, the capital cost	123364
basis was adjusted most recently under division (F)(4) of this	123365
section or actual, allowable capital costs were determined most	123366
recently under division (G)(9) of this section.	123367

(10) This division does not apply to leases of specific items	123368
of equipment.	123369

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

123370

(1) "Applicable calendar year" means the following:

123371

(a) For the purpose of the department of ~~job and family~~	123372
~~services'~~medicaid's initial determination under division (D) of	123373
this section of each peer group's cost per case-mix unit, calendar	123374
year 2003;	123375

(b) For the purpose of the department's rebasings, the	123376
calendar year the department selects.	123377

(2) "Rebasing" means a redetermination under division (D) of	123378
this section of each peer ~~groups'~~group's cost per case-mix unit	123379
using information from cost reports for an applicable calendar	123380
year that is later than the applicable calendar year used for the	123381
previous determination of such costs.	123382

(B) ~~The~~Semiannually, the department of ~~job and family~~	123383
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	123384
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	123385
~~per~~medicaid day payment rate for direct care costs ~~determined~~	123386
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	123387
~~under division (D) of this section for the facility's peer group~~	123388
by the facility's semiannual case-mix score determined under	123389
section ~~5111.232~~5165.192 of the Revised Code by the cost per	123390
case-mix unit determined under division (D) of this section for	123391
the facility's peer group. However, for the period beginning	123392
October 1, 2013, and ending on the first day of the first	123393
rebasing, the rate for a nursing facility located in Mahoning or	123394
Stark county shall be determined semiannually by multiplying the	123395
facility's semiannual case-mix score determined under section	123396
5165.192 of the Revised Code by the cost per case-mix unit	123397
determined under division (D) of this section for the nursing	123398
facilities in peer group two.	123399

(C) For the purpose of determining nursing facilities' ~~rate~~	123400
rates for direct care costs, the department shall establish three	123401
peer groups.	123402

~~Each~~(1) Until the first rebasing occurs, the peer groups	123403
shall be composed as follows:	123404

(a) Each nursing facility located in any of the following	123405
counties shall be placed in peer group one: Brown, Butler,	123406
Clermont, Clinton, Hamilton, and Warren.	123407

(b) Each nursing facility located in any of the following	123408
counties shall be placed in peer group two: Ashtabula, Champaign,	123409
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	123410
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	123411
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	123412
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	123413
and Wood.	123414

(c) Each nursing facility located in any of the following	123415
counties shall be placed in peer group three: Adams, Allen,	123416
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	123417
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	123418
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	123419
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	123420
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	123421
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	123422
Washington, Wayne, Williams, and Wyandot.	123423

(2) Beginning with the first rebasing, the peer groups shall	123424
be composed as they are under division (C)(1) of this section	123425
except that each nursing facility located in Mahoning or Stark	123426
county shall be placed in peer group two rather than peer group	123427
three.	123428

(D)(1) The department shall determine a cost per case-mix	123429
unit for each peer group established under division (C) of this	123430
section. The department is not required to conduct a rebasing more	123431
than once every ten years. Except as necessary to implement the	123432
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	123433
303, both of the 129th general assembly, and H.B. 59 of the 130th	123434
general assembly, the cost per case-mix unit determined under this	123435
division for a peer group shall be used for subsequent years until	123436
the department conducts a rebasing. To determine a peer group's	123437
cost per case-mix unit, the department shall do all of the	123438
following:	123439

(a) Determine the cost per case-mix unit for each nursing	123440
facility in the peer group for the applicable calendar year by	123441
dividing each facility's desk-reviewed, actual, allowable, per	123442
diem direct care costs for the applicable calendar year by the	123443
facility's annual average case-mix score determined under section	123444
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	123445
year;	123446

(b) Subject to division (D)(2) of this section, identify	123447
which nursing facility in the peer group is at the twenty-fifth	123448
percentile of the cost per case-mix units determined under	123449
division (D)(1)(a) of this section;	123450

(c) Calculate the amount that is two per cent above the cost	123451
per case-mix unit determined under division (D)(1)(a) of this	123452
section for the nursing facility identified under division	123453
(D)(1)(b) of this section;	123454

(d) Using the index specified in division (D)(3) of this	123455
section, multiply the rate of inflation for the eighteen-month	123456
period beginning on the first day of July of the applicable	123457
calendar year and ending the last day of December of the calendar	123458
year immediately following the applicable calendar year by the	123459
amount calculated under division (D)(1)(c) of this section;	123460

(e) Add the following to the amount calculated under division	123461
(D)(1)(d) of this section:	123462

(i) Until the earlier of January 1, 2014, or when the first	123463
rebasing occurs, ~~add~~ one dollar and eighty-eight cents ~~to the~~	123464
~~amount calculated under division (D)(1)(d) of this section~~;	123465

(ii) Unless the first rebasing occurs before January 1, 2014,	123466
beginning January 1, 2014, and until the first rebasing occurs,	123467
eighty-six cents.	123468

(f) Until the first rebasing occurs, increase the amount	123469
calculated under division (D)(1)(e) of this section by five and	123470
eight hundredths per cent.	123471

(2) In making the identification under division (D)(1)(b) of	123472
this section, the department shall exclude both of the following:	123473

(a) Nursing facilities that participated in the medicaid	123474
program under the same provider for less than twelve months in the	123475
applicable calendar year;	123476

(b) Nursing facilities whose cost per case-mix unit is more	123477
than one standard deviation from the mean cost per case-mix unit	123478
for all nursing facilities in the nursing facility's peer group	123479
for the applicable calendar year.	123480

(3) The following index shall be used for the purpose of the	123481
calculation made under division (D)(1)(d) of this section:	123482

(a) Until the first rebasing occurs, the employment cost	123483
index for total compensation, health services component, published	123484
by the United States bureau of labor statistics, as the index	123485
existed on July 1, 2005;	123486

(b) Effective with the first rebasing and except as provided	123487
in division (D)(3)(c) of this section, the employment cost index	123488
for total compensation, nursing and residential care facilities	123489
occupational group, published by the United States bureau of labor	123490
statistics;	123491

(c) If the United States bureau of labor statistics ceases to	123492
publish the index specified in division (D)(3)(b) of this section,	123493
the index the bureau subsequently publishes that covers nursing	123494
facilities' staff costs.	123495

(4) The department shall not redetermine a peer group's cost	123496
per case-mix unit under this division based on additional	123497
information that it receives after the peer group's per case-mix	123498
unit is determined. The department shall redetermine a peer	123499
group's cost per case-mix unit only if it made an error in	123500
determining the peer group's cost per case-mix unit based on	123501
information available to the department at the time of the	123502
original determination.	123503

Sec. 5165.191. Each calendar quarter, each nursing facility	123504
provider shall compile complete assessment data for each resident	123505
of each of the provider's nursing facilities, regardless of	123506
payment source, who is in the nursing facility, or on hospital or	123507
therapeutic leave from the nursing facility, on the last day of	123508
the quarter. A resident assessment instrument specified in rules	123509
authorized by this section shall be used to compile the resident	123510
assessment data. Each provider shall submit the resident	123511
assessment data to the department of health and, if required by	123512
the rules, the department of medicaid. The resident assessment	123513
data shall be submitted not later than fifteen days after the end	123514
of the calendar quarter for which the data is compiled. If the	123515
resident assessment data is to be submitted to the department of	123516
medicaid, it shall be submitted to the department through the	123517
medium or media specified in the rules.	123518

Rules adopted under section 5165.02 of the Revised Code shall	123519
do all of the following:	123520

(A) In a manner consistent with the "Social Security Act,"	123521
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	123522
assessment instrument to be used by nursing facility providers	123523
under this section;	123524

(B) Specify whether nursing facility providers must submit	123525
the resident assessment data to the department of medicaid;	123526

(C) If the rules specify that nursing facility providers must	123527
submit the resident assessment data to the department, specify the	123528
medium or media through which the data is to be submitted.	123529

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	123530
division (B) of this section and in accordance with the process	123531
specified in rules authorized by this section, the department of	123532
~~job and family services~~medicaid shall do all of the following:	123533

(a) Every quarter, determine the following two case-mix	123534
scores for each nursing facility:	123535

(i) A quarterly case-mix score that includes each resident	123536
who is a medicaid recipient and is not a low resource utilization	123537
resident;	123538

(ii) A quarterly case-mix score that includes each resident	123539
regardless of payment source.	123540

(b) Every six months, determine a semiannual ~~and annual~~	123541
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	123542
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	123543
determined for the nursing facility pursuant to division	123544
(A)(1)(a)(i) of this section;	123545

(c) After the end of each calendar year, determine an annual	123546
average case-mix score for each nursing facility by using the	123547
quarterly case-mix scores determined for the nursing facility	123548
pursuant to division (A)(1)(a)(ii) of this section.	123549

(2) When determining case-mix scores under division (A)(1) of	123550
this section, the department shall use all of the following:	123551

(a) Data from a resident assessment instrument specified in	123552
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	123553
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	123554
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	123555
~~amended, for the following residents:~~	123556

~~(i) When determining semiannual case-mix scores for fiscal~~	123557
~~year 2012, each resident who is a medicaid recipient~~;	123558

~~(ii) When determining semiannual case-mix scores for fiscal~~	123559
~~year 2013 and thereafter, each resident who is a medicaid~~	123560
~~recipient and not placed in either of the two lowest resource~~	123561
~~utilization groups, excluding any resource utilization group that~~	123562
~~is a default group used for residents with incomplete assessment~~	123563
~~data;~~	123564

~~(iii) When determining annual average case-mix scores, each~~	123565
~~resident regardless of payment source.~~	123566

(b) Except as provided in rules authorized by ~~divisions~~	123567
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	123568
by the United States department of health and human services;	123569

(c) Except as modified in rules authorized by ~~division~~	123570
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	123571
30, 1999, by the United States department of health and human	123572
services for prospective payment of skilled nursing facilities	123573
under the medicare program ~~established by Title XVIII~~.	123574

~~(2) The director of job and family services may adopt rules~~	123575
~~under section 5111.02 of the Revised Code that do any of the~~	123576
~~following:~~	123577

~~(a) Adjust the case-mix values specified in division~~	123578
~~(A)(1)(b) of this section to reflect changes in relative wage~~	123579
~~differentials that are specific to this state;~~	123580

~~(b) Express all of those case-mix values in numeric terms~~	123581
~~that are different from the terms specified by the United States~~	123582
~~department of health and human services but that do not alter the~~	123583
~~relationship of the case-mix values to one another;~~	123584

~~(c) Modify the grouper methodology specified in division~~	123585
~~(A)(1)(c) of this section as follows:~~	123586

~~(i) Establish a different hierarchy for assigning residents~~	123587
~~to case-mix categories under the methodology;~~	123588

~~(ii) Prohibit the use of the index maximizer element of the~~	123589
~~methodology;~~	123590

~~(iii) Incorporate changes to the methodology the United~~	123591
~~States department of health and human services makes after June~~	123592
~~30, 1999;~~	123593

~~(iv) Make other changes the department determines are~~	123594
~~necessary.~~	123595

(B) ~~The department shall determine case-mix scores for~~	123596
~~intermediate care facilities for the mentally retarded using data~~	123597
~~for each resident, regardless of payment source, from a resident~~	123598
~~assessment instrument and grouper methodology prescribed in rules~~	123599
~~adopted under section 5111.02 of the Revised Code and expressed in~~	123600
~~case-mix values established by the department in those rules.~~	123601

~~(C) Each calendar quarter, each provider shall compile~~	123602
~~complete assessment data, from the resident assessment instrument~~	123603
~~specified in rules authorized by division (A) or (B) of this~~	123604
~~section, for each resident of each of the provider's facilities,~~	123605
~~regardless of payment source, who was in the facility or on~~	123606
~~hospital or therapeutic leave from the facility on the last day of~~	123607
~~the quarter. Providers of a nursing facility shall submit the data~~	123608
~~to the department of health and, if required by rules, the~~	123609
~~department of job and family services.~~ ~~Providers of an~~	123610
~~intermediate care facility for the mentally retarded shall submit~~	123611
~~the data to the department of job and family services.~~ The data	123612
shall be submitted not later than fifteen days after the end of	123613
the calendar quarter for which the data is compiled.	123614

~~Except as provided in division (D) of this section, the~~	123615
~~department~~, every six months and after the end of each calendar	123616
year, shall calculate a semiannual and annual average case-mix	123617
score for each nursing facility using the facility's quarterly	123618
case-mix scores for that six-month period or calendar year. ~~Also~~	123619
~~except as provided in division (D) of this section, the~~	123620
~~department, after the end of each calendar year, shall calculate~~	123621
~~an annual average case-mix score for each intermediate care~~	123622
~~facility for the mentally retarded using the facility's quarterly~~	123623
~~case-mix scores for that calendar year.~~ The department shall make	123624
the calculations pursuant to procedures specified in rules adopted	123625
under section 5111.02 of the Revised Code.	123626

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	123627
department, for one or more months of a calendar quarter, may	123628
assign to a nursing facility a case-mix score that is five per	123629
cent less than the nursing facility's case-mix score for the	123630
immediately preceding calendar quarter if any of the following	123631
apply:	123632

(a) The provider does not timely submit ~~information~~complete	123633
and accurate resident assessment data necessary to determine the	123634
nursing facility's case-mix score for athe calendar quarter	123635
~~necessary to calculate a facility's case-mix score, or submits~~	123636
~~incomplete or inaccurate information for a calendar quarter, the~~	123637
~~department may assign the facility a quarterly average case-mix~~	123638
~~score that is five per cent less than the facility's quarterly~~	123639
~~average case-mix score for the preceding calendar quarter. If the~~;	123640

(b) The nursing facility was subject to an exception review	123641
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	123642
for the immediately preceding calendar quarter~~, the department may~~	123643
~~assign a quarterly average case-mix score that is five per cent~~	123644
~~less than the score determined by the exception review. If the~~;	123645

(c) The nursing facility was assigned a ~~quarterly average~~	123646
case-mix score for the immediately preceding calendar quarter~~, the~~	123647
~~department may assign a quarterly average case-mix score that is~~	123648
~~five per cent less than that score assigned for the preceding~~	123649
~~quarter~~.	123650

~~The department may use a quarterly average case-mix score~~	123651
~~assigned under division (D)(1) of this section, instead of a~~	123652
~~quarterly average case-mix score calculated based on the~~	123653
~~provider's submitted information, to calculate the facility's rate~~	123654
~~for direct care costs being established under section~~ ~~5111.23 or~~	123655
5111.231 of the Revised Code for one or more months, as specified	123656
in rules authorized by division (E) of this section, of the	123657
quarter for which the rate established under section ~~5111.23 or~~	123658
5111.231 of the Revised Code will be paid.	123659

(2) Before ~~taking action under division (D)(1) of this~~	123660
~~section~~assigning a case-mix score to a nursing facility due to	123661
the submission of incorrect resident assessment data, the	123662
department shall permit the provider ~~a reasonable period of time,~~	123663
~~specified in rules authorized by division (E) of this section,~~ to	123664
correct the ~~information~~data. ~~In the case of an intermediate care~~	123665
~~facility for the mentally retarded, the department shall not~~	123666
~~assign a quarterly average case-mix score due to late submission~~	123667
~~of corrections to assessment information unless the provider fails~~	123668
~~to submit corrected information prior to the eighty-first day~~	123669
~~after the end of the calendar quarter to which the information~~	123670
~~pertains. In the case of a nursing facility, the~~The department	123671
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	123672
~~late submission of corrections to assessment information unless~~if	123673
the provider fails to submit the corrected ~~information prior to~~	123674
resident assessment data not later than the earlier of the	123675
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	123676
to which the ~~information~~data pertains or the deadline for	123677
submission of such corrections established by regulations adopted	123678
by the United States department of health and human services under	123679
~~Titles~~Title XVIII and Title XIX.	123680

~~(2)~~(3) If, for more than six months in a calendar year, a	123681
provider is paid a rate determined for a nursing facility	123682
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	123683
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	123684
~~more than six months in a calendar year~~, the department may assign	123685
the nursing facility a cost per case-mix unit that is five per	123686
cent less than the nursing facility's actual or assigned cost per	123687
case-mix unit for the immediately preceding calendar year. The	123688
department may use the assigned cost per case-mix unit, instead of	123689
~~calculating~~determining the nursing facility's actual cost per	123690
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	123691
5165.19 of the Revised Code, to establish the nursing facility's	123692
rate for direct care costs for the ~~following~~ fiscal year	123693
immediately following the calendar year for which the cost per	123694
case-mix unit is assigned.	123695

~~(3)~~(4) The department shall take action under division	123696
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	123697
rules authorized by ~~division (E) of~~ this section. The department	123698
shall not take an action that affects rates for prior payment	123699
periods except in accordance with sections ~~5111.27~~5165.41 and	123700
~~5111.28~~5165.42 of the Revised Code.	123701

~~(E)~~(C) The medicaid director shall adopt rules under section	123702
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	123703
this section.	123704

(1) The rules shall do all of the following:

123705

~~(1) Specify whether providers of a nursing facility must~~	123706
~~submit the assessment data to the department of job and family~~	123707
~~services;~~	123708

~~(2) Specify the medium or media through which the completed~~	123709
~~assessment data shall be submitted;~~	123710

~~(3)~~(a) Specify the process for determining the semiannual and	123711
annual average case-mix scores for nursing facilities;	123712

(b) Adjust the case-mix values specified in division	123713
(A)(2)(b) of this section to reflect changes in relative wage	123714
differentials that are specific to this state;	123715

(c) Express all of those case-mix values in numeric terms	123716
that are different from the terms specified by the United States	123717
department of health and human services but that do not alter the	123718
relationship of the case-mix values to one another;	123719

(d) Modify the grouper methodology specified in division	123720
(A)(2)(c) of this section as follows:	123721

(i) Establish a different hierarchy for assigning residents	123722
to case-mix categories under the methodology;	123723

(ii) Prohibit the use of the index maximizer element of the	123724
methodology;	123725

(iii) Incorporate changes to the methodology the United	123726
States department of health and human services makes after June	123727
30, 1999;	123728

(iv) Make other changes the department determines are	123729
necessary.	123730

(e) Establish procedures under which ~~the~~resident assessment	123731
data shall be reviewed for accuracy and providers shall be	123732
notified of any data that requires correction;	123733

~~(4)~~(f) Establish procedures for providers to correct resident	123734
assessment data and specify a reasonable period of time by which	123735
providers shall submit the corrections. The procedures may limit	123736
the content of corrections ~~by providers of nursing facilities~~ in	123737
the manner required by regulations adopted by the United States	123738
department of health and human services under ~~Titles~~Title XVIII	123739
and Title XIX.	123740

~~(5)~~(g) Specify when and how the department will assign	123741
case-mix scores or costs per case-mix unit to a nursing facility	123742
under division ~~(D)~~(B) of this section if information necessary to	123743
calculate the nursing facility's case-mix score is not provided or	123744
corrected in accordance with the procedures established by the	123745
rules. ~~Notwithstanding~~	123746

(2) Notwithstanding any other provision of ~~sections 5111.20~~	123747
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	123748
provide for the ~~following:~~	123749

~~(a) Exclusion of case-mix scores assigned under division (D)~~	123750
~~of this section from calculation of an intermediate care facility~~	123751
~~for the mentally retarded's annual average case-mix score and the~~	123752
~~maximum cost per case-mix unit for the facility's peer group;~~	123753

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	123754
nursing facility under division ~~(D)~~(B) of this section from	123755
~~calculation~~the determination of athe nursing facility's	123756
semiannual or annual average case-mix score and the cost per	123757
case-mix unit for the nursing facility's peer group.	123758

Sec. 5165.193. (A) The department of medicaid may, pursuant	123759
to rules authorized by this section, conduct an exception review	123760
of resident assessment data submitted by a nursing facility	123761
provider under section 5165.191 of the Revised Code. The	123762
department may conduct an exception review based on the findings	123763
of a medicaid certification survey conducted by the department of	123764
health, a risk analysis, or prior performance of the provider.	123765

Exception reviews shall be conducted at the nursing facility	123766
by appropriate health professionals under contract with or	123767
employed by the department. The professionals may review resident	123768
assessment forms and supporting documentation, conduct interviews,	123769
and observe residents to identify any patterns or trends of	123770
inaccurate resident assessments and resulting inaccurate case-mix	123771
scores.	123772

(B) If an exception review is conducted before the effective	123773
date of a nursing facility's rate for direct care costs that is	123774
based on the resident assessment data being reviewed and the	123775
review results in findings that exceed tolerance levels specified	123776
in the rules authorized by this section, the department, in	123777
accordance with those rules, may use the findings to redetermine	123778
individual resident case-mix scores, the nursing facility's	123779
case-mix score for the quarter, and the nursing facility's annual	123780
average case-mix score. The department may use the nursing	123781
facility's redetermined quarterly and annual average case-mix	123782
scores to determine the nursing facility's rate for direct care	123783
costs for the appropriate calendar quarter or quarters.	123784

(C) The department shall prepare a written summary of any	123785
exception review finding that is made after the effective date of	123786
a nursing facility's rate for direct care costs that is based on	123787
the resident assessment data that was reviewed. Where the provider	123788
is pursuing judicial or administrative remedies in good faith	123789
regarding the finding, the department shall not withhold from the	123790
provider's current payments any amounts the department claims to	123791
be due from the provider pursuant to section 5165.41 of the	123792
Revised Code.	123793

(D)(1) The medicaid director shall adopt rules under section	123794
5165.02 of the Revised Code as necessary to implement this	123795
section. The rules shall establish an exception review program	123796
that does all of the following:	123797

(a) Requires each exception review to comply with Title XVIII	123798
and Title XIX;	123799

(b) Requires a written summary for each exception review that	123800
states whether resident assessment forms have been completed	123801
accurately;	123802

(c) Prohibits each health professional who conducts an	123803
exception review from doing either of the following:	123804

(i) During the period of the professional's contract or	123805
employment with the department, having or being committed to	123806
acquire any direct or indirect financial interest in the	123807
ownership, financing, or operation of nursing facilities in this	123808
state;	123809

(ii) Reviewing any provider that has been a client of the	123810
professional.	123811

(2) For the purposes of division (D)(1)(c)(i) of this	123812
section, employment of a member of a health professional's family	123813
by a nursing facility that the professional does not review does	123814
not constitute a direct or indirect financial interest in the	123815
ownership, financing, or operation of the nursing facility.	123816

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

123817

(1) "Applicable calendar year" means the following:

123818

(a) For the purpose of the department of ~~job and family~~	123819
~~services'~~medicaid's initial determination under this section of	123820
nursing facilities' rate for tax costs, calendar year 2003;	123821

(b) For the purpose of the department's rebasings, the	123822
calendar year the department selects.	123823

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	123824
of this section of each nursing facility's rate for tax costs	123825
using information from cost reports for an applicable calendar	123826
year that is later than the applicable calendar year used for the	123827
previous determination of such rates.	123828

(B) ~~The department of job and family services shall pay a~~	123829
~~provider for each of the provider's eligible nursing facilities a~~	123830
~~per resident per day rate for tax costs determined under division~~	123831
~~(C) of this section.~~	123832

~~(C)~~ The department of medicaid shall determine ~~the~~each	123833
nursing facility's per medicaid day payment rate for tax costs ~~for~~	123834
~~each nursing facility~~. The department is not required to conduct a	123835
rebasing more than once every ten years. Except as necessary to	123836
implement the amendments made to this section by Sub. H.B. 303 of	123837
the 129th general assembly, the rate for tax costs determined	123838
under this division for a nursing facility shall be used for	123839
subsequent years until the department conducts a rebasing. To	123840
determine a nursing facility's rate for tax costs and except as	123841
provided in division ~~(D)~~(C) of this section, the department shall	123842
do both of the following:	123843

(1) Divide the nursing facility's desk-reviewed, actual,	123844
allowable tax costs paid for the applicable calendar year by the	123845
number of inpatient days the nursing facility would have had if	123846
its occupancy rate had been one hundred per cent during the	123847
applicable calendar year;	123848

(2) Until the first rebasing occurs, increase the amount	123849
calculated under division ~~(C)~~(B)(1) of this section by five and	123850
eight hundredths per cent.	123851

~~(D)~~(C) If a nursing facility had a credit regarding its real	123852
estate taxes reflected on its cost report for calendar year 2003,	123853
the department shall determine, as follows, its rate for tax costs	123854
for the period beginning on July 1, 2010, and ending on the first	123855
day of the fiscal year for which the department first conducts a	123856
rebasing:	123857

(1) Divide the nursing facility's desk-reviewed, actual,	123858
allowable tax costs paid for calendar year 2004 by the number of	123859
inpatient days the nursing facility would have had if its	123860
occupancy rate had been one hundred per cent during calendar year	123861
2004;	123862

(2) Until the first rebasing occurs, increase the amount	123863
calculated under division ~~(D)~~(C)(1) of this section by five and	123864
eight hundredths per cent.	123865

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	123866
of ~~job and family services~~medicaid shall ~~pay a~~determine the	123867
critical access incentive payment ~~to the provider of~~for each	123868
nursing facility that qualifies as a critical access nursing	123869
facility. To qualify as a critical access nursing facility for a	123870
fiscal year, a nursing facility must meet all of the following	123871
requirements:	123872

(1) The nursing facility must be located in an area that, on	123873
December 31, 2011, was designated an empowerment zone under	123874
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	123875
section 1391, 26 U.S.C. 1391~~, as amended~~.	123876

(2) The nursing facility must have an occupancy rate of at	123877
least eighty-five per cent as of the last day of the calendar year	123878
immediately preceding the fiscal year.	123879

(3) The nursing facility must have a medicaid utilization	123880
rate of at least sixty-five per cent as of the last day of the	123881
calendar year immediately preceding the fiscal year.	123882

(4) The nursing facility must have been awarded at least five	123883
points for meeting accountability measures under section 5165.25	123884
of the Revised Code for the fiscal year and at least one of the	123885
five points must have been awarded for meeting the following:	123886

(a) For fiscal year 2014, the accountability measures	123887
identified in divisions (C)(10), (11), (12), and (13) of section	123888
5165.25 of the Revised Code;	123889

(b) For fiscal year 2015 and each fiscal year thereafter, the	123890
accountability measures identified in divisions (D)(9), (10),	123891
(11), (12), and (14) of section 5165.25 of the Revised Code.	123892

(B) A critical access nursing facility's critical access	123893
incentive payment for a fiscal year shall equal five per cent of	123894
the portion of the nursing facility's total rate for the fiscal	123895
year that is the sum of the rates and payment identified in	123896
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	123897
the Revised Code.	123898

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

123899

(1) ~~"Applicable percentage" means, for the accountability~~	123900
~~measures identified in divisions (C)(10) to (13) of this section,~~	123901
~~the following:~~	123902

~~(a) For fiscal year 2013, whichever of the following applies:~~

123903

~~(i) The percentage that the department of job and family~~	123904
~~services specifies for an accountability measure pursuant to~~	123905
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	123906

~~(ii) The percentage specified for an accountability measure~~	123907
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	123908

~~(b) For fiscal year 2014, whichever of the following applies:~~

123909

~~(i) The percentage used pursuant to division (F)(2) of this~~	123910
~~section;~~	123911

~~(ii) The percentage that the department specifies for an~~	123912
~~accountability measure pursuant to division (F)(3)(a) of this~~	123913
~~section.~~	123914

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	123915
~~following applies:~~	123916

~~(i) The percentage used pursuant to division (F)(2) of this~~	123917
~~section;~~	123918

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	123919
~~this section.~~	123920

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	123921
488.30.	123922

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	123923
of long-term care facilities required by section 173.47 of the	123924
Revised Code.	123925

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	123926
488.301.	123927

(4) "Exempted hospital discharge" has the same meaning as in	123928
42 C.F.R. 483.106(b)(2)(i).	123929

(5) "Family satisfaction survey" means a customer	123930
satisfaction survey, or part of a customer satisfaction survey,	123931
that contains the results of information obtained from the	123932
families of a nursing facility's residents.	123933

(6) "Minimum data set" means the standardized, uniform	123934
comprehensive assessment of nursing facility residents that is	123935
used to identify potential problems, strengths, and preferences of	123936
residents and is part of the resident assessment instrument	123937
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	123938
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	123939
~~as amended~~.	123940

(7) ~~"National voluntary consensus standards for nursing~~	123941
~~homes" means measures used to determine the quality of care~~	123942
~~provided by nursing facilities as endorsed by the national quality~~	123943
~~forum.~~	123944

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	123945
of the Revised Code.	123946

~~(9)~~(8) "Resident satisfaction survey" means a customer	123947
satisfaction survey, or part of a customer satisfaction survey,	123948
that contains the results of information obtained from a nursing	123949
facility's residents.	123950

~~(10)~~(9) "Room mirror" means a mirror that is located in	123951
either of the following rooms:	123952

(a) A resident bathroom if the sink used by a resident after	123953
the resident uses the resident bathroom is in the resident	123954
bathroom;	123955

(b) A resident's room if the sink used by a resident after	123956
the resident uses the resident bathroom is in the resident's room.	123957

~~(11)~~(10) "Room sink" means a sink that is located in either	123958
of the following rooms:	123959

(a) A resident bathroom if the sink used by a resident after	123960
the resident uses the resident bathroom is in the resident	123961
bathroom;	123962

(b) A resident's room if the sink used by a resident after	123963
the resident uses the resident bathroom is in the resident's room.	123964

~~(12)~~(11) "Standard survey" has the same meaning as in 42	123965
C.F.R. 488.301.	123966

(12) "Special focus facility list" means the list of nursing	123967
facilities that the United States department of health and human	123968
services creates under the special focus facility program required	123969
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	123970
1396r(f)(10).	123971

(13) "Substantial wall" means a permanent structure that	123972
reaches from floor to ceiling and divides a semiprivate room into	123973
two distinct living spaces, each with its own window.	123974

(14) "Table B of the special focus facility list" means the	123975
table included in the special focus facility list that identifies	123976
nursing facilities that have not improved.	123977

(B)(1) Each fiscal year, the department of ~~job and family~~	123978
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	123979
quality incentive payment ~~to the provider of each nursing facility~~	123980
~~that is awarded one or more points for meeting accountability~~	123981
~~measures under division (C) of this section~~. Subject to ~~division~~	123982
divisions (B)(2) and (3) of this section, the per medicaid day	123983
amount of a quality incentive payment paid to a nursing facility	123984
provider shall be the product of the following:	123985

(a) The number of points the provider's nursing facility is	123986
awarded for meeting accountability measures under ~~division (C) of~~	123987
this section;	123988

(b) Three dollars and twenty-nine cents.

123989

(2) The maximum quality incentive payment that may be paid to	123990
~~the provider of~~ a nursing facility provider for a fiscal year 2014	123991
shall be sixteen dollars and forty-four cents per medicaid day.	123992

(3) The maximum quality incentive payment that may be paid to	123993
a nursing facility provider for fiscal year 2015 and each fiscal	123994
year thereafter shall be the following:	123995

(a) Sixteen dollars and forty-four cents if at least one of	123996
the points awarded to the nursing facility for meeting	123997
accountability measures is for an accountability measure	123998
identified in division (D)(9), (10), (11), (12), or (14) of this	123999
section;	124000

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	124001
of this section does not apply.	124002

(C) ~~Subject~~For fiscal year 2014 only and subject to	124003
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	124004
department shall award each nursing facility participating in the	124005
medicaid program one point for each of the following	124006
accountability measures the facility meets:	124007

(1) The facility's overall score on its resident satisfaction	124008
survey is at least eighty-six.	124009

(2) The facility's overall score on its family satisfaction	124010
survey is at least eighty-eight.	124011

(3) The facility satisfies the requirements for participation	124012
in the advancing excellence in America's nursing homes campaign.	124013

(4) The facility had neither of the following on the	124014
facility's most recent standard survey conducted not later than	124015
the last day of the calendar year immediately preceding the fiscal	124016
year for which the point is to be awarded or any complaint surveys	124017
conducted in the calendar year immediately preceding the fiscal	124018
year for which the point is to be awarded:	124019

(a) A health deficiency with a scope and severity level	124020
greater than F;	124021

(b) A deficiency that constitutes a substandard quality of	124022
care.	124023

(5) The facility offers at least fifty per cent of its	124024
residents at least one of the following dining choices for at	124025
least one meal each day:	124026

(a) Restaurant-style dining in which food is brought from the	124027
food preparation area to residents per the residents' orders;	124028

(b) Buffet-style dining in which residents obtain their own	124029
food, or have the facility's staff bring food to them per the	124030
residents' directions, from the buffet;	124031

(c) Family-style dining in which food is customarily served	124032
on a serving dish and shared by residents;	124033

(d) Open dining in which residents have at least a two-hour	124034
period to choose when to have a meal;	124035

(e) Twenty-four-hour dining in which residents may order	124036
meals from the facility any time of the day.	124037

(6) At least fifty per cent of the facility's residents are	124038
able to take a bath or shower as often as they choose.	124039

(7) The facility has at least both of the following scores on	124040
its resident satisfaction survey:	124041

(a) With regard to the question in the survey regarding	124042
residents' ability to choose when to go to bed in the evening, at	124043
least eighty-nine;	124044

(b) With regard to the question in the survey regarding	124045
residents' ability to choose when to get out of bed in the	124046
morning, at least seventy-six.	124047

(8) The facility has at least both of the following scores on	124048
its family satisfaction survey:	124049

(a) With regard to the question in the survey regarding	124050
residents' ability to choose when to go to bed in the evening, at	124051
least eighty-eight;	124052

(b) With regard to the question in the survey regarding	124053
residents' ability to choose when to get out of bed in the	124054
morning, at least seventy-five.	124055

(9) All of the following apply to the facility:

124056

(a) At least seventy-five per cent of the facility's	124057
residents have the opportunity, following admission to the	124058
facility and before completing or quarterly updating their	124059
individual plans of care, to discuss their goals for the care they	124060
are to receive at the facility, including their preferences for	124061
advance care planning, with a member of the residents' ~~healthcare~~	124062
health care teams that the facility, residents, and residents'	124063
sponsors consider appropriate.	124064

(b) The facility records the residents' care goals, including	124065
the residents' advance care planning preferences, in their medical	124066
records.	124067

(c) The facility uses the residents' care goals, including	124068
the residents' advance care planning preferences, in the	124069
development of the residents' individual plans of care.	124070

(10) Not more than ~~the applicable percentage~~thirteen and	124071
thirty-five hundredths per cent of the facility's long-stay	124072
residents report severe to moderate pain during the minimum data	124073
set assessment process.	124074

(11) Not more than ~~the applicable percentage~~five and	124075
seventy-three hundredths per cent of the facility's long-stay,	124076
high-risk residents have been assessed as having one or more stage	124077
two, three, or four pressure ulcers during the minimum data set	124078
assessment process.	124079

(12) Not more than ~~the applicable percentage~~one and	124080
fifty-two hundredths per cent of the facility's long-stay	124081
residents were physically restrained as reported during the	124082
minimum data set assessment process.	124083

(13) Less than ~~the applicable percentage~~seven and	124084
seventy-eight hundredths per cent of the facility's long-stay	124085
residents had a urinary tract infection as reported during the	124086
minimum data set assessment process.	124087

(14) The facility uses a tool for tracking residents'	124088
admissions to hospitals.	124089

(15) An average of at least fifty per cent of the facility's	124090
medicaid-certified beds are in private rooms.	124091

(16) The facility has accessible resident bathrooms, all of	124092
which meet at least two of the following standards and at least	124093
some of which meet all of the following standards:	124094

(a) There are room mirrors that are accessible to residents	124095
in wheelchairs, can be adjusted so as to be visible to residents	124096
who are seated or standing, or both.	124097

(b) There are room sinks that are accessible to residents in	124098
wheelchairs and have clearance for wheelchairs.	124099

(c) There are room sinks that have faucets with adaptive or	124100
easy-to-use lever or paddle handles.	124101

(17) The facility does both of the following:

124102

(a) Maintains a written policy that prohibits the use of	124103
overhead paging systems or limits the use of overhead paging	124104
systems to emergencies, as defined in the policy;	124105

(b) Communicates the policy to its staff, residents, and	124106
families of residents.	124107

(18) The facility has a score of at least ninety on its	124108
resident satisfaction survey with regard to the question in the	124109
survey regarding residents' ability to personalize their rooms	124110
with personal belongings.	124111

(19) The facility has a score of at least ninety-five on its	124112
family satisfaction survey with regard to the question in the	124113
survey regarding residents' ability to personalize their rooms	124114
with personal belongings.	124115

(20) The facility does both of the following:

124116

(a) Maintains a written policy that requires consistent	124117
assignment of nurse aides and specifies the goal of having a	124118
resident receive nurse aide care from not more than eight	124119
different nurse aides during a thirty-day period;	124120

(b) Communicates the policy to its staff, residents, and	124121
families of residents.	124122

(21) The facility's staff retention rate is at least	124123
seventy-five per cent.	124124

(22) The facility's turnover rate for nurse aides is not	124125
higher than sixty-five per cent.	124126

(23) For at least fifty per cent of the resident care	124127
conferences in the facility, a nurse aide who is a primary	124128
caregiver for the resident attends and participates in the	124129
conference.	124130

(D) For fiscal year 2015 and each fiscal year thereafter and	124131
subject to division (E) of this section, the department shall	124132
award each nursing facility participating in the medicaid program	124133
one point for each of the following accountability measures the	124134
facility meets:	124135

(1) The facility's overall score on its resident satisfaction	124136
survey is at least eighty-seven and five-tenths.	124137

(2) The facility's overall score on its family satisfaction	124138
survey is at least eighty-five and nine-tenths.	124139

(3) The facility satisfies the requirements for participation	124140
in the advancing excellence in America's nursing homes campaign.	124141

(4) Both of the following apply to the facility:

124142

(a) The facility had not been listed on table B of the	124143
special focus facility list for eighteen or more consecutive	124144
months during any time during the calendar year immediately	124145
preceding the fiscal year for which the point is to be awarded.	124146

(b) The facility had neither of the following on the	124147
facility's most recent standard survey conducted not later than	124148
the last day of the calendar year immediately preceding the fiscal	124149
year for which the point is to be awarded or any complaint surveys	124150
conducted in the calendar year immediately preceding the fiscal	124151
year for which the point is to be awarded:	124152

(i) A health deficiency with a scope and severity level	124153
greater than F;	124154

(ii) A deficiency that constitutes a substandard quality of	124155
care.	124156

(5) The facility does all of the following:

124157

(a) Offers at least fifty per cent of its residents at least	124158
one of the following dining choices for at least two meals each	124159
day:	124160

(i) Restaurant-style dining in which food is brought from the	124161
food preparation area to residents per the residents' orders;	124162

(ii) Buffet-style dining in which residents obtain their own	124163
food, or have the facility's staff bring food to them per the	124164
residents' directions, from the buffet;	124165

(iii) Family-style dining in which food is customarily served	124166
on a serving dish and shared by residents;	124167

(iv) Open dining in which residents have at least a two-hour	124168
period to choose when to have a meal;	124169

(v) Twenty-four-hour dining in which residents may order	124170
meals from the facility any time of the day.	124171

(b) Maintains a written policy specifying the manner or	124172
manners in which residents' dining choices for meals are offered;	124173

(c) Communicates the policy to its staff, residents, and	124174
families of residents.	124175

(6) The facility does all of the following:

124176

(a) Enables at least fifty per cent of the facility's	124177
residents to take a bath or shower when they choose;	124178

(b) Maintains a written policy regarding residents' choices	124179
in bathing;	124180

(c) Communicates the policy to its staff, residents, and	124181
families of residents.	124182

(7) The facility has at least both of the following scores on	124183
its resident satisfaction survey:	124184

(a) With regard to the question in the survey regarding	124185
residents' ability to choose when to go to bed in the evening, at	124186
least eighty-nine;	124187

(b) With regard to the question in the survey regarding	124188
residents' ability to choose when to get out of bed in the	124189
morning, at least seventy-six.	124190

(8) The facility has at least both of the following scores on	124191
its family satisfaction survey:	124192

(a) With regard to the question in the survey regarding	124193
residents' ability to choose when to go to bed in the evening, at	124194
least eighty-eight;	124195

(b) With regard to the question in the survey regarding	124196
residents' ability to choose when to get out of bed in the	124197
morning, at least seventy-five.	124198

(9) Not more than thirteen and thirty-five hundredths per	124199
cent of the facility's long-stay residents report severe to	124200
moderate pain during the minimum data set assessment process.	124201

(10) Not more than five and sixteen hundredths per cent of	124202
the facility's long-stay, high-risk residents have been assessed	124203
as having one or more stage two, three, or four pressure ulcers	124204
during the minimum data set assessment process.	124205

(11) Not more than one and fifty-two hundredths per cent of	124206
the facility's long-stay residents were physically restrained as	124207
reported during the minimum data set assessment process.	124208

(12) Less than seven per cent of the facility's long-stay	124209
residents had a urinary tract infection as reported during the	124210
minimum data set assessment process.	124211

(13) The facility does both of the following:

124212

(a) Uses a tool for tracking residents' admissions to	124213
hospitals;	124214

(b) Annually reports to the department data on hospital	124215
admissions by month for all residents.	124216

(14) Both of the following apply:

124217

(a) At least ninety-five per cent of the facility's long-stay	124218
residents are vaccinated against pneumococcal pneumonia, decline	124219
the vaccination, or are not vaccinated because the vaccination is	124220
medically contraindicated.	124221

(b) At least ninety-three per cent of the facility's	124222
long-stay residents are vaccinated against seasonal influenza,	124223
decline the vaccination, or are not vaccinated because the	124224
vaccination is medically contraindicated.	124225

(15) An average of at least fifty per cent of the facility's	124226
medicaid-certified beds are in either, or in a combination of	124227
both, of the following:	124228

(a) Private rooms;

124229

(b) Semiprivate rooms to which all of the following apply:

124230

(i) Each room provides a distinct territory for each resident	124231
occupying the room.	124232

(ii) Each distinct territory has a window and is separated by	124233
a substantial wall from the other distinct territories in the	124234
room.	124235

(iii) Each resident is able to enter and exit the distinct	124236
territory of the resident's room without entering or exiting	124237
another resident's distinct territory.	124238

(iv) Complete visual privacy for each distinct territory may	124239
be obtained by drawing a curtain or other screen.	124240

(16) The facility obtains at least a ninety-five per cent	124241
compliance rate with requesting resident reviews required by 42	124242
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	124243
discharges.	124244

(17) The facility does both of the following:

124245

(a) Maintains a written policy that requires consistent	124246
assignment of nurse aides and specifies the goal of having a	124247
resident receive nurse aide care from not more than twelve	124248
different nurse aides during a thirty-day period;	124249

(b) Communicates the policy to its staff, residents, and	124250
families of residents.	124251

(18) The facility's staff retention rate is at least	124252
seventy-five per cent.	124253

(19) The facility's turnover rate for nurse aides is not	124254
higher than sixty-five per cent.	124255

(20) For at least fifty per cent of the resident care	124256
conferences in the facility, a nurse aide who is a primary	124257
caregiver for the resident attends and participates in the	124258
conference.	124259

(21) All of the following apply to the facility:

124260

(a) At least seventy-five per cent of the facility's	124261
residents have the opportunity, following admission to the	124262
facility and before completing or quarterly updating their	124263
individual plans of care, to discuss their goals for the care they	124264
are to receive at the facility, including their preferences for	124265
advance care planning, with a member of the residents' health care	124266
teams that the facility, residents, and residents' sponsors	124267
consider appropriate.	124268

(b) The facility records the residents' care goals, including	124269
the residents' advance care planning preferences, in their medical	124270
records.	124271

(c) The facility uses the residents' care goals, including	124272
the residents' advance care planning preferences, in the	124273
development of the residents' individual plans of care.	124274

(22) The facility does both of the following:

124275

(a) Maintains a written policy that prohibits the use of	124276
overhead paging systems or limits the use of overhead paging	124277
systems to emergencies, as defined in the policy;	124278

(b) Communicates the policy to its staff, residents, and	124279
families of residents.	124280

(E)(1) To be awarded a point for meeting an accountability	124281
measure under division (C) or (D) of this section other than the	124282
accountability measure identified in ~~division~~divisions (C)(4) and	124283
(D)(4)(b) of this section, a nursing facility must meet the	124284
accountability measure in the calendar year immediately preceding	124285
the fiscal year for which the point is to be awarded. ~~However, a~~	124286
~~nursing facility must meet the accountability measures specified~~	124287
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	124288
~~(23) of this section in the period beginning January 1, 2012, and~~	124289
~~ending March 31, 2012, to be awarded points for those~~	124290
~~accountability measures for fiscal year 2013.~~	124291

(2) The department shall award points pursuant to ~~division~~	124292
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	124293
section to a nursing facility only if a resident satisfaction	124294
survey was initiated under section 173.47 of the Revised Code for	124295
the nursing facility in the calendar year immediately preceding	124296
the fiscal year for which the points are to be awarded.	124297

(3) The department shall award points pursuant to ~~division~~	124298
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	124299
section to a nursing facility only if a family satisfaction survey	124300
was initiated under section 173.47 of the Revised Code for the	124301
nursing facility in the calendar year immediately preceding the	124302
fiscal year for which the points are to be awarded.	124303

(4) The department shall award points pursuant to divisions	124304
(D)(21) and (22) of this section only for fiscal year 2015.	124305

(5) Not later than July 1, 2013, the department shall adjust	124306
the score used for the purpose of division (C)(8)(b) of this	124307
section in a manner that causes at least fifty per cent of nursing	124308
facilities to meet division (C)(8)(b) of this section.	124309

~~(E) For the purposes of awarding points under divisions~~	124310
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	124311
~~following apply:~~	124312

~~(1) If, by July 1, 2012, the United States centers for~~	124313
~~medicare and medicaid services makes calculations using the 3.0~~	124314
~~version of the minimum data set that indicate whether nursing~~	124315
~~facilities meet those accountability measures, the department~~	124316
~~shall do both of the following:~~	124317

~~(a) Rely on those calculations;~~

124318

~~(b) Specify the percentages to be used for the purposes of~~	124319
~~those accountability measures and, in specifying the percentages,~~	124320
~~provide for at least fifty per cent of nursing facilities to earn~~	124321
~~points for meeting those accountability measures.~~	124322

~~(2) If, by July 1, 2012, the United States centers for~~	124323
~~medicare and medicaid services does not make calculations using~~	124324
~~the 3.0 version of the minimum data set that indicate whether~~	124325
~~nursing facilities meet those accountability measures, the~~	124326
~~department shall do either of the following:~~	124327

~~(a) Do both of the following:~~

124328

~~(i) Make the calculations using the 3.0 version of the~~	124329
~~minimum data set in accordance with the national voluntary~~	124330
~~consensus standards for nursing homes;~~	124331

~~(ii) Specify the percentages to be used for the purposes of~~	124332
~~those accountability measures and, in specifying the percentages,~~	124333
~~provide for at least fifty per cent of nursing facilities to earn~~	124334
~~points for meeting those accountability measures.~~	124335

~~(b) Do all of the following:~~

124336

~~(i) Rely on the most recent calculations the United States~~	124337
~~centers for medicare and medicaid services made using the 2.0~~	124338
~~version of the minimum data set that indicate whether nursing~~	124339
~~facilities meet those accountability measures;~~	124340

~~(ii) Use four per cent as the applicable percentage for the~~	124341
~~accountability measure identified in division (C)(10) of this~~	124342
~~section;~~	124343

~~(iii) Use nine per cent as the applicable percentage for the~~	124344
~~accountability measure identified in division (C)(11) of this~~	124345
~~section;~~	124346

~~(iv) Use two per cent as the applicable percentage for the~~	124347
~~accountability measure identified in division (C)(12) of this~~	124348
~~section;~~	124349

~~(v) Use ten per cent as the applicable percentage for the~~	124350
~~accountability measure identified in division (C)(13) of this~~	124351
~~section.~~	124352

(F) ~~For the purposes of awarding points under divisions~~	124353
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	124354
~~thereafter, the department shall do the following:~~	124355

~~(1) Rely on calculations the United States centers for~~	124356
~~medicare and medicaid services makes using the 3.0 version of the~~	124357
~~minimum data set that indicate whether nursing facilities meet~~	124358
~~those accountability measures;~~	124359

~~(2) If the department takes action pursuant to division~~	124360
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	124361
~~percentages the department specifies pursuant to division~~	124362
~~(E)(1)(b) of this section for the purposes of those accountability~~	124363
~~measures;~~	124364

~~(3) If the department takes action pursuant to division~~	124365
~~(E)(2) of this section for fiscal year 2013, do the following:~~	124366

~~(a) For fiscal year 2014, specify the percentages to be used~~	124367
~~for the purposes of those accountability measures and, in~~	124368
~~specifying the percentages, provide for at least fifty per cent of~~	124369
~~nursing facilities to earn points for meeting those accountability~~	124370
~~measures;~~	124371

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	124372
~~percentages the department specifies pursuant to division~~	124373
~~(F)(3)(a) of this section for the purposes of those accountability~~	124374
~~measures.~~Not later than July 1, 2014, the department shall	124375
submit, in accordance with section 101.68 of the Revised Code,	124376
recommendations to the general assembly for accountability	124377
measures to replace the accountability measures identified in	124378
divisions (D)(21) and (22) of this section.	124379

(G) ~~The director of job and family services shall adopt rules~~	124380
~~under section 5111.02 of the Revised Code as necessary to~~	124381
~~implement this section.~~	124382

~~The rules~~Rules adopted under section 5165.02 of the Revised	124383
Code may specify what is meant by "some" as that word is used in	124384
division (C)(16) of this section.	124385

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

124386

(1) "Budgeted amount for quality incentive payments for a	124387
fiscal year" means the amount determined for a fiscal year as	124388
follows:	124389

(a) Multiply the total number of medicaid days in the	124390
immediately preceding fiscal year by sixteen dollars and	124391
forty-four cents;	124392

(b) Determine the total amount of quality incentive payments	124393
that was paid under section 5165.25 of the Revised Code to all	124394
nursing facility providers for the immediately preceding fiscal	124395
year;	124396

(c) Subtract the amount determined under division (A)(1)(b)	124397
of this section from the product calculated under division	124398
(A)(1)(a) of this section;	124399

(d) Add thirty million dollars to the difference calculated	124400
under division (A)(1)(c) of this section.	124401

(2) "Point days for a fiscal year" means the product of the	124402
following:	124403

(a) A qualifying nursing facility's quality bonus points for	124404
the fiscal year;	124405

(b) The number of the qualifying nursing facility's medicaid	124406
days in the immediately preceding fiscal year.	124407

~~(2)~~(3) "Qualifying nursing facility" means a nursing facility	124408
that qualifies for a quality bonus for a fiscal year as determined	124409
under division (B) of this section.	124410

~~(3)~~(4) "Quality bonus points for a fiscal year" means the	124411
amount determined by subtracting five from the number of points	124412
awarded to a qualifying nursing facility for meeting	124413
accountability measures under ~~division (C) of~~ section ~~5111.244~~	124414
5165.25 of the Revised Code for a fiscal year.	124415

~~(4) "Residual budgeted amount for quality incentive payments~~	124416
~~for a fiscal year" means the amount determined for a fiscal year~~	124417
~~as follows:~~	124418

~~(a) Multiply the total number of medicaid days in the fiscal~~	124419
~~year by sixteen dollars and forty-four cents;~~	124420

~~(b) Determine the total amount of quality incentive payments~~	124421
~~that was paid under section 5111.244 of the Revised Code to all~~	124422
~~nursing facility providers for the fiscal year;~~	124423

~~(c) Subtract the amount determined under division (A)(4)(b)~~	124424
~~of this section from the product calculated under division~~	124425
~~(A)(4)(a) of this section.~~	124426

(B) ~~The~~Not later than the first day of November of each	124427
fiscal year, the department of ~~job and family services~~medicaid	124428
shall pay a nursing facility provider a quality bonus for athe	124429
fiscal year if ~~both of~~ the ~~following apply:~~	124430

~~(1) The~~ provider's nursing facility is awarded more than five	124431
points for meeting accountability measures under ~~division (C) of~~	124432
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year	124433
and the following applies:	124434

(1) For fiscal year 2014, at least two of the points are	124435
awarded to the nursing facility pursuant to division (C)(10),	124436
(11), (12), (13), or (14) of section 5165.25 of the Revised Code.	124437

(2) For fiscal year 2015 and each fiscal year thereafter, at	124438
least two of the points are awarded to the nursing facility	124439
pursuant to division (D)(9), (10), (11), (12), (13), or (14) of	124440
section 5165.25 of the Revised Code.	124441

~~(2) The residual budgeted amount for quality incentive~~	124442
~~payments for the fiscal year is greater than zero.~~	124443

(C) The total quality bonus to be paid to the provider of a	124444
qualifying nursing facility for a fiscal year shall equal the	124445
product of the following:	124446

(1) The quality bonus per medicaid day for the fiscal year	124447
determined for the provider's qualifying nursing facility under	124448
division (D) of this section;	124449

(2) The number of the qualifying nursing facility's medicaid	124450
days in the immediately preceding fiscal year.	124451

(D) A qualifying nursing facility's quality bonus per	124452
medicaid day for a fiscal year shall be the product of the	124453
following:	124454

(1) The nursing facility's quality bonus points for the	124455
fiscal year;	124456

(2) The quality bonus per point for the fiscal year	124457
determined under division (E) of this section.	124458

(E) The quality bonus per point for a fiscal year shall be	124459
determined as follows:	124460

(1) Determine the number of each qualifying nursing	124461
facility's point days for the fiscal year;	124462

(2) Determine the sum of all qualifying nursing facilities'	124463
point days for the fiscal year;	124464

(3) Divide the ~~residual~~ budgeted amount for quality incentive	124465
payments for the fiscal year by the sum determined under division	124466
(E)(2) of this section.	124467

(F) The calculation of a qualifying nursing facility's bonus	124468
payment is not subject to appeal under Chapter 119. of the Revised	124469
Code.	124470

~~(G) The director of job and family services may adopt rules~~	124471
~~under section 5111.02 of the Revised Code as necessary to~~	124472
~~implement this section.~~	124473

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	124474
adds or replaces one or more medicaid certified beds to or at the	124475
nursing facility, or renovates one or more of the nursing	124476
facility's beds, the medicaid payment rate for the added,	124477
replaced, or renovated beds shall be the same as the medicaid	124478
payment rate for the nursing facility's existing beds.	124479

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	124480
beds are relocated from one nursing facility to another nursing	124481
facility owned by a different person or government entity and the	124482
application for the certificate of need authorizing the relocation	124483
is filed with the director of health on or after ~~the effective~~	124484
~~date of this section~~July 1, 2005, amortization of the cost of	124485
acquiring operating rights for the relocated beds is not an	124486
allowable cost for the purpose of determining the nursing	124487
facility's medicaid ~~reimbursement~~payment rate.	124488

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	124489
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	124490
services, and facilities, furnished to a nursing facility provider	124491
by a related party are includable in the allowable costs of the	124492
provider at the reasonable cost to the related party.	124493

Sec. 5165.32. The department of medicaid shall not reduce a	124494
nursing facility's medicaid payment rate determined under this	124495
chapter on the basis that the provider charges a lower rate to any	124496
resident who is not eligible for medicaid.	124497

Sec. 5165.33. No medicaid payment shall be made to a nursing	124498
facility provider for the day a medicaid recipient is discharged	124499
from the nursing facility.	124500

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	124501
~~services~~medicaid may make medicaid payments to a nursing	124502
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	124503
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	124504
recipient during a temporary absence under conditions prescribed	124505
by the department, to include hospitalization for an acute	124506
condition, visits with relatives and friends, and participation in	124507
therapeutic programs outside the facility, when the resident's	124508
plan of care provides for such absence and federal financial	124509
participation infor the payments is available.	124510

(B) The maximum period for which payments may be made to	124511
reserve a bed in a nursing facility shall not exceed thirty days	124512
in a calendar year.	124513

(C) The department shall establish the per ~~diem~~medicaid day	124514
payment rates ~~to be paid to providers of nursing facilities~~ for	124515
reserving beds under this section. In establishing the per ~~diem~~	124516
medicaid day payment rates, the department shall ~~do the following:~~	124517

~~(1) In the case of a payment to reserve a bed for a day~~	124518
~~during calendar year 2011, set the per diem rate at an amount not~~	124519
~~exceeding fifty per cent of the per diem rate the provider would~~	124520
~~be paid if the recipient were not absent from the nursing facility~~	124521
~~that day;~~	124522

~~(2) In the case of a payment to reserve a bed for a day~~	124523
~~during calendar year 2012 and each calendar year thereafter,~~ set	124524
the per ~~diem~~medicaid day payment rate at an amount equal to the	124525
following:	124526

~~(a)~~(1) In the case of a nursing facility that had an	124527
occupancy rate ~~in the preceding calendar year~~ exceeding	124528
ninety-five per cent, an amount not exceeding fifty per cent of	124529
the per ~~diem~~medicaid day payment rate the provider would be paid	124530
if the recipient were not absent from the nursing facility that	124531
day;	124532

~~(b)~~(2) In the case of a nursing facility that had an	124533
occupancy rate ~~in the preceding calendar year~~ not exceeding	124534
ninety-five per cent, an amount not exceeding eighteen per cent of	124535
the per ~~diem~~medicaid day payment rate the provider would be paid	124536
if the recipient were not absent from the nursing facility that	124537
day.	124538

(D) For the purpose of setting a nursing facility's per	124539
medicaid day payment rate to reserve a bed for a day during the	124540
period beginning on the effective date of this amendment and	124541
ending December 31, 2013, the department shall determine the	124542
nursing facility's occupancy rate by using information reported on	124543
the nursing facility's cost report for calendar year 2012. For the	124544
purpose of setting a nursing facility's per medicaid day payment	124545
rate to reserve a bed for January 1, 2014, or thereafter, the	124546
department shall determine the nursing facility's occupancy rate	124547
by using information reported on the nursing facility's cost	124548
report for the calendar year preceding the fiscal year in which	124549
the reservation falls.	124550

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	124551
~~date of an involuntary termination" and "involuntary termination"~~	124552
~~have the same meanings as in section 5111.65 of the Revised Code.~~	124553

Medicaid payments may be made for nursing facility services	124554
~~and intermediate care facility for the mentally retarded services~~	124555
provided not later than thirty days after the effective date of an	124556
involuntary termination of the nursing facility that provides the	124557
services if the services are provided to a medicaid recipient who	124558
is eligible for the services and resided in the nursing facility	124559
before the effective date of the involuntary termination.	124560

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	124561
~~services~~medicaid shall make its best efforts each year to	124562
calculate nursing facilities' medicaid payment rates under	124563
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	124564
time to ~~use them to make~~pay the ~~payments due to providers~~rates	124565
by the fifteenth day of August of each fiscal year. If the	124566
department is unable to calculate the rates so that they can be	124567
paid by that date, the department shall pay each provider the rate	124568
calculated for the provider's nursing facilities ~~and intermediate~~	124569
~~care facilities for the mentally retarded~~ under ~~those sections~~	124570
this chapter at the end of the previous fiscal year. If the	124571
department also is unable to calculate the rates to ~~make the~~	124572
~~payments due~~pay the rates by the fifteenth day of September and	124573
the fifteenth day of October, the department shall pay the	124574
previous fiscal year's rate to make those payments. The department	124575
may increase by five per cent the previous fiscal year's rate paid	124576
for any nursing facility pursuant to this section at the request	124577
of the provider. The department shall use rates calculated for the	124578
current fiscal year to make the payments due by the fifteenth day	124579
of November.	124580

If the rate paid to a provider for a nursing facility	124581
pursuant to this section is lower than the rate calculated for the	124582
nursing facility for the current fiscal year, the department shall	124583
pay the provider the difference between the two rates for the	124584
number of days for which the provider was paid for the nursing	124585
facility pursuant to this section. If the rate paid for a nursing	124586
facility pursuant to this section is higher than the rate	124587
calculated for it for the current fiscal year, the provider shall	124588
refund to the department the difference between the two rates for	124589
the number of days for which the provider was paid for the nursing	124590
facility pursuant to this section.	124591

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	124592
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	124593
the Revised Code that establish a process under which a nursing	124594
facility provider, or a group or association of nursing facility	124595
providers, may seek reconsideration of medicaid payment rates	124596
established under ~~sections 5111.20 to 5111.331 of the Revised~~	124597
~~Code~~this chapter, including a rate for direct care costs	124598
recalculated before the effective date of the rate as a result of	124599
an exception review of resident assessment ~~information~~data	124600
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	124601

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	124602
~~section, the~~ only issue that a provider, group, or association may	124603
raise in the rate reconsideration shall be whether the rate was	124604
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	124605
~~Revised Code~~this chapter and the rules adopted under section	124606
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	124607
provider, group, or association tomay submit written arguments or	124608
other materials that support its position. The ~~rules shall specify~~	124609
provider, group, or association and department of medicaid shall	124610
take actions regarding the rate reconsideration within time frames	124611
~~within which the provider, group, or association and the~~	124612
~~department must act~~specified in rules authorized by this section.	124613
If	124614

If the department determines, as a result of the rate	124615
reconsideration, that the rate ~~established~~determined for one or	124616
more nursing facilities ~~of a provider~~ is less than the rate to	124617
which the nursing facility is entitled, the department shall	124618
increase the rate. If the department has paid the incorrect rate	124619
for a period of time, the department shall pay the provider the	124620
difference between the amount the provider was paid for that	124621
period for the nursing facility and the amount the provider should	124622
have been paid for the nursing facility.	124623

~~(2) The rules shall provide that during a fiscal year, the~~	124624
~~department, by means of the rate reconsideration process, may~~	124625
~~increase the rate determined for an intermediate care facility for~~	124626
~~the mentally retarded as calculated under sections 5111.20 to~~	124627
~~5111.331 of the Revised Code if the provider of the facility~~	124628
~~demonstrates that the facility's actual, allowable costs have~~	124629
~~increased because of extreme circumstances. A facility may qualify~~	124630
~~for a rate increase only if the facility's per diem, actual,~~	124631
~~allowable costs have increased to a level that exceeds its total~~	124632
~~rate. The rules shall specify the circumstances that would justify~~	124633
~~a rate increase under division (A)(2) of this section. The rules~~	124634
~~shall provide that the extreme circumstances include natural~~	124635
~~disasters, renovations approved under division (D) of section~~	124636
~~5111.251 of the Revised Code, an increase in workers' compensation~~	124637
~~experience rating of greater than five per cent for a facility~~	124638
~~that has an appropriate claims management program, increased~~	124639
~~security costs for an inner-city facility, and a change of~~	124640
~~ownership that results from bankruptcy, foreclosure, or findings~~	124641
~~of violations of certification requirements by the department of~~	124642
~~health. An increase under division (A)(2) of this section is~~	124643
~~subject to any rate limitations or maximum rates established by~~	124644
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	124645
~~centers. Any rate increase granted under division (A)(2) of this~~	124646
~~section shall take effect on the first day of the first month~~	124647
~~after the department receives the request.~~	124648

~~(3) The rules shall provide that the department, through the~~	124649
~~rate reconsideration process, may increase an intermediate care~~	124650
~~facility for the mentally retarded's rate as calculated under~~	124651
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	124652
~~department, in the department's sole discretion, determines that~~	124653
~~the rate as calculated under those sections works an extreme~~	124654
~~hardship on the facility.~~	124655

~~(4) The rules shall provide that when beds certified for the~~	124656
~~medicaid program are added to an existing intermediate care~~	124657
~~facility for the mentally retarded or replaced at the same site,~~	124658
~~the department, through the rate reconsideration process, shall~~	124659
~~increase the intermediate care facility for the mentally~~	124660
~~retarded's rate for capital costs proportionately, as limited by~~	124661
~~any applicable limitation under section 5111.251 of the Revised~~	124662
~~Code, to account for the costs of the beds that are added or~~	124663
~~replaced. The department shall make this increase one month after~~	124664
~~the first day of the month after the department receives~~	124665
~~sufficient documentation of the costs. Any rate increase granted~~	124666
~~under division (A)(4) of this section after June 30, 1993, shall~~	124667
~~remain in effect until the effective date of a rate calculated~~	124668
~~under section 5111.251 of the Revised Code that includes costs~~	124669
~~incurred for a full calendar year for the bed addition or bed~~	124670
~~replacement. The facility shall report double accumulated~~	124671
~~depreciation in an amount equal to the depreciation included in~~	124672
~~the rate adjustment on its cost report for the first year of~~	124673
~~operation. During the term of any loan used to finance a project~~	124674
~~for which a rate adjustment is granted under division (A)(4) of~~	124675
~~this section, if the facility is operated by the same provider,~~	124676
~~the provider shall subtract from the interest costs it reports on~~	124677
~~its cost report an amount equal to the difference between the~~	124678
~~following:~~	124679

~~(a) The actual, allowable interest costs for the loan during~~	124680
~~the calendar year for which the costs are being reported;~~	124681

~~(b) The actual, allowable interest costs attributable to the~~	124682
~~loan that were used to calculate the rates paid to the provider~~	124683
~~for the facility during the same calendar year.~~	124684

~~(5) The department's decision at the conclusion of the~~	124685
~~reconsideration process shall not be subject to any administrative~~	124686
~~proceedings under Chapter 119. or any other provision of the~~	124687
~~Revised Code.~~	124688

~~(B) All of the following are subject to an adjudication~~	124689
~~conducted in accordance with Chapter 119. of the Revised Code:~~	124690

~~(1) Any audit disallowance that the department makes as the~~	124691
~~result of an audit under section 5111.27 of the Revised Code;~~	124692

~~(2) Any adverse finding that results from an exception review~~	124693
~~of resident assessment information conducted under section 5111.27~~	124694
~~of the Revised Code after the effective date of the facility's~~	124695
~~rate that is based on the assessment information;~~	124696

~~(3) Any medicaid payment deemed an overpayment under section~~	124697
~~5111.683 of the Revised Code;~~	124698

~~(4) Any penalty the department imposes under division (C) of~~	124699
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	124700
~~Revised Code.~~	124701

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	124702
properly amends ~~its~~a cost report for the nursing facility under	124703
section ~~5111.261~~5165.107 of the Revised Code and the amended	124704
report shows that the provider received a lower medicaid payment	124705
rate under the original cost report than itthe provider was	124706
entitled to receive, the department of ~~job and family services~~	124707
medicaid shall adjust the provider's rate for the nursing facility	124708
prospectively to reflect the corrected information. The department	124709
shall pay the adjusted rate beginning two months after the first	124710
day of the month after the provider files the amended cost report.	124711
If	124712

If the department finds, from an exception review of resident	124713
assessment ~~information~~data conducted pursuant to section 5165.193	124714
of the Revised Code after the effective date of ~~the~~a nursing	124715
facility's rate for direct care costs that is based on the	124716
resident assessment ~~information~~data, that inaccurate resident	124717
assessment ~~information~~data resulted in the provider receiving a	124718
lower rate for the nursing facility than it was entitled to	124719
receive, the department prospectively shall adjust the provider's	124720
rate accordingly ~~and~~. The department shall make payments to the	124721
provider using the adjusted rate for the remainder of the ~~calendar~~	124722
~~quarter~~six-month period for which the resident assessment	124723
~~information~~data is used to determine the rate, beginning one	124724
month after the first day of the month after the exception review	124725
is completed.	124726

~~(B) If the provider properly amends its cost report under~~	124727
~~section 5111.261 of the Revised Code, the department makes a~~	124728
~~finding based on an audit under section 5111.27 of the Revised~~	124729
~~Code, or the~~ ~~department~~ makes a finding based on an exception	124730
review of resident assessment information conducted under section	124731
5111.27 of the Revised Code after the effective date of the rate	124732
for direct care costs that is based on the assessment information,	124733
any of which results in a determination that the provider has	124734
received a higher rate than it was entitled to receive, the	124735
~~department~~ shall recalculate the provider's rate using the revised	124736
information. The ~~department~~ shall apply the recalculated rate to	124737
the periods when the provider received the incorrect rate to	124738
determine the amount of the overpayment. The provider shall refund	124739
the amount of the overpayment.	124740

~~In addition to requiring a refund under this division, the~~	124741
~~department may charge the provider interest at the applicable rate~~	124742
~~specified in this division from the time the overpayment was made.~~	124743

~~(1) If the overpayment resulted from costs reported for~~	124744
~~calendar year 1993, the interest shall be no greater than one and~~	124745
~~one-half times the average bank prime rate.~~	124746

~~(2) If the overpayment resulted from costs reported for~~	124747
~~subsequent calendar years:~~	124748

~~(a) The interest shall be no greater than two times the~~	124749
~~average bank prime rate if the overpayment was equal to or less~~	124750
~~than one per cent of the total medicaid payments to the provider~~	124751
~~for the fiscal year for which the incorrect information was used~~	124752
~~to establish a rate.~~	124753

~~(b) The interest shall be no greater than two and one-half~~	124754
~~times the current average bank prime rate if the overpayment was~~	124755
~~greater than one per cent of the total medicaid payments to the~~	124756
~~provider for the fiscal year for which the incorrect information~~	124757
~~was used to establish a rate.~~	124758

~~(C) The department also may impose the following penalties:~~

124759

~~(1) If a provider does not furnish invoices or other~~	124760
~~documentation that the department requests during an audit within~~	124761
~~sixty days after the request, no more than the greater of one~~	124762
~~thousand dollars per audit or twenty-five per cent of the~~	124763
~~cumulative amount by which the costs for which documentation was~~	124764
~~not furnished increased the total medicaid payments to the~~	124765
~~provider during the fiscal year for which the costs were used to~~	124766
~~establish a rate;~~	124767

~~(2) If an exiting operator or owner fails to provide notice~~	124768
~~of a facility closure, voluntary termination, or voluntary~~	124769
~~withdrawal of participation in the medicaid program as required by~~	124770
~~section 5111.66 of the Revised Code, or an exiting operator or~~	124771
~~owner and entering operator fail to provide notice of a change of~~	124772
~~operator as required by section 5111.67 of the Revised Code, no~~	124773
~~more than the current average bank prime rate plus four per cent~~	124774
~~of the last two monthly payments.~~	124775

~~(D) If the provider continues to participate in the medicaid~~	124776
~~program, the department shall deduct any amount that the provider~~	124777
~~is required to refund under this section, and the amount of any~~	124778
~~interest charged or penalty imposed under this section, from the~~	124779
~~next available payment from the~~ ~~department~~ to the provider. The	124780
~~department~~ and the provider may enter into an agreement under	124781
which the amount, together with interest, is deducted in	124782
installments from payments from the ~~department~~ to the provider.	124783

~~(E) The department shall transmit refunds and penalties to~~	124784
~~the treasurer of state for deposit in the general revenue fund.~~	124785

~~(F) For the purpose of this section, the department shall~~	124786
~~determine the average bank prime rate using statistical release~~	124787
~~H.15, "selected interest rates," a weekly publication of the~~	124788
~~federal reserve board, or any successor publication. If~~	124789
~~statistical release H.15, or its successor, ceases to contain the~~	124790
~~bank prime rate information or ceases to be published, the~~	124791
~~department~~ shall request a written statement of the average bank	124792
prime rate from the federal reserve bank of Cleveland or the	124793
federal reserve board.	124794

Sec. 5165.41. (A) The department of medicaid shall	124795
redetermine a provider's medicaid payment rate for a nursing	124796
facility using revised information if any of the following results	124797
in a determination that the provider received a higher medicaid	124798
payment rate for the nursing facility than the provider was	124799
entitled to receive:	124800

(1) The provider properly amends a cost report for the	124801
nursing facility under section 5165.107 of the Revised Code;	124802

(2) The department makes a finding based on an audit under	124803
section 5165.109 of the Revised Code;	124804

(3) The department makes a finding based on an exception	124805
review of resident assessment data conducted under section	124806
5165.193 of the Revised Code after the effective date of the	124807
nursing facility's rate for direct care costs that is based on the	124808
resident assessment data;	124809

(4) The department makes a finding based on a post-payment	124810
review conducted under section 5165.49 of the Revised Code.	124811

(B) The department shall apply the redetermined rate to the	124812
periods when the provider received the incorrect rate to determine	124813
the amount of the overpayment. The provider shall refund the	124814
amount of the overpayment. The department may charge the provider	124815
the following amount of interest from the time the overpayment was	124816
made:	124817

(1) If the overpayment resulted from costs reported for	124818
calendar year 1993, the interest shall be no greater than one and	124819
one-half times the current average bank prime rate.	124820

(2) If the overpayment resulted from costs reported for a	124821
subsequent calendar year:	124822

(a) The interest shall be no greater than two times the	124823
current average bank prime rate if the overpayment was no more	124824
than one per cent of the total medicaid payments to the provider	124825
for the fiscal year for which the overpayment was made.	124826

(b) The interest shall be no greater than two and one-half	124827
times the current average bank prime rate if the overpayment was	124828
more than one per cent of the total medicaid payments to the	124829
provider for the fiscal year for which the overpayment was made.	124830

Sec. 5165.42. In addition to the other penalties authorized	124831
by this chapter, the department of medicaid may impose the	124832
following penalties on a nursing facility provider:	124833

(A) If the provider does not furnish invoices or other	124834
documentation that the department requests during an audit within	124835
sixty days after the request, a fine of no more than the greater	124836
of the following:	124837

(1) One thousand dollars per audit;

124838

(2) Twenty-five per cent of the cumulative amount by which	124839
the costs for which documentation was not furnished increased the	124840
total medicaid payments to the provider during the fiscal year for	124841
which the costs were used to determine a rate.	124842

(B) If an exiting operator or owner fails to provide notice	124843
of a facility closure or voluntary withdrawal of participation in	124844
the medicaid program as required by section 5165.50 of the Revised	124845
Code, or an exiting operator or owner and entering operator fail	124846
to provide notice of a change of operator as required by section	124847
5165.51 of the Revised Code, a fine of not more than the current	124848
average bank prime rate plus four per cent of the last two monthly	124849
payments.	124850

Sec. 5165.43. For the purposes of sections 5165.41 and	124851
5165.42 of the Revised Code, the department of medicaid shall	124852
determine the current average bank prime rate using statistical	124853
release H.15, "selected interest rates," a weekly publication of	124854
the federal reserve board, or any successor publication. If	124855
statistical release H.15, or its successor, ceases to contain the	124856
bank prime rate information or ceases to be published, the	124857
department shall request a written statement of the average bank	124858
prime rate from the federal reserve bank of Cleveland or the	124859
federal reserve board.	124860

Sec. 5165.44. (A) Except as provided in division (B) of this	124861
section, the department of medicaid shall deduct the following	124862
from the next available medicaid payment the department makes to a	124863
nursing facility provider who continues to participate in	124864
medicaid:	124865

(1) Any amount the provider is required to refund, and any	124866
interest charged, under section 5165.41 of the Revised Code;	124867

(2) The amount of any penalty imposed on the provider under	124868
section 5165.42 of the Revised Code.	124869

(B) The department and a nursing facility provider may enter	124870
into an agreement under which a deduction required by division (A)	124871
of this section is taken in installments from payments the	124872
department makes to the provider.	124873

Sec. 5165.45. The department of medicaid shall transmit to	124874
the treasurer of state for deposit in the general revenue fund	124875
amounts collected from the following:	124876

(A) Refunds required by, and interest charged under, section	124877
5165.41 of the Revised Code;	124878

(B) Amounts collected from penalties imposed under section	124879
5165.42 of the Revised Code.	124880

Sec. 5165.46. All of the following are subject to an	124881
adjudication conducted in accordance with Chapter 119. of the	124882
Revised Code:	124883

(A) Any audit disallowance that the department of medicaid	124884
makes as the result of an audit under section 5165.109 of the	124885
Revised Code;	124886

(B) Any adverse finding that results from an exception review	124887
of resident assessment data conducted for a nursing facility under	124888
section 5165.193 of the Revised Code after the effective date of	124889
the nursing facility's medicaid payment rate for direct care costs	124890
that is based on the resident assessment data;	124891

(C) Any medicaid payment deemed an overpayment under section	124892
5165.523 of the Revised Code;	124893

(D) Any penalty the department imposes under section 5165.42	124894
of the Revised Code or section 5165.523 of the Revised Code.	124895

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	124896
facility provider ~~of a nursing facility~~, shall submit a claim for	124897
medicaid ~~reimbursement~~payment for a service provided to a	124898
nursing facility resident if the service is included in a medicaid	124899
payment made to the nursing facility provider ~~of a nursing~~	124900
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	124901
this chapter or in the ~~reimbursable~~allowable expenses reported	124902
on a provider's cost report for a nursing facility. No nursing	124903
facility provider ~~of a nursing facility~~ shall submit a separate	124904
claim for medicaid ~~reimbursement~~payment for a service provided	124905
to a resident of the nursing facility if the service is included	124906
in a medicaid payment made to the provider under ~~sections 5111.20~~	124907
~~to 5111.331 of the Revised Code~~this chapter or in the	124908
~~reimbursable~~allowable expenses on the provider's cost report for	124909
the nursing facility.	124910

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	124911
~~facility" and "provider" have the same meanings as in section~~	124912
~~5111.20 of the Revised Code.~~	124913

The provider of a nursing facility is not required to submit	124914
a claim to the department of ~~job and family services~~medicaid	124915
regarding the medicare cost-sharing expenses of a resident of the	124916
nursing facility who, under federal law, is eligible to have the	124917
medicaid program pay for a part of the cost-sharing expenses if	124918
the provider determines that, under rules adopted under section	124919
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	124920
not receive a medicaid payment for any part of the medicare	124921
cost-sharing expenses. In such a situation, a claim for the	124922
medicare cost-sharing expenses shall be considered to have been	124923
adjudicated at no payment.	124924

Sec. 5165.49. The department of medicaid may conduct a	124925
post-payment review of a claim submitted by a nursing facility	124926
provider and paid by the medicaid program to determine whether the	124927
provider was overpaid. The department shall provide the provider a	124928
written summary of the review's results. The review's results are	124929
not subject to an adjudication under Chapter 119. of the Revised	124930
Code; however, the provider may request that the medicaid director	124931
reconsider the review's results. The director shall reconsider the	124932
review's results on receipt of a request made in good faith. The	124933
department shall not deduct any amounts the department claims to	124934
be due from the provider as a result of the review from the	124935
provider's medicaid payments pursuant to section 5165.44 of the	124936
Revised Code until the conclusion of the director's	124937
reconsideration, if any, of the review.	124938

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	124939
nursing facility ~~or intermediate care facility for the mentally~~	124940
~~retarded~~ participating in the medicaid program shall provide the	124941
department of ~~job and family services~~medicaid written notice of a	124942
facility closure~~, voluntary termination,~~ or voluntary withdrawal	124943
of participation not less than ninety days before the effective	124944
date of the facility closure~~, voluntary termination,~~ or voluntary	124945
withdrawal of participation. The written notice shall be provided	124946
to the department in accordance with the method specified in rules	124947
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	124948
Revised Code.	124949

The written notice shall include all of the following:

124950

(A) The name of the exiting operator and, if any, the exiting	124951
operator's authorized agent;	124952

(B) The name of the nursing facility ~~or intermediate care~~	124953
~~facility for the mentally retarded~~ that is the subject of the	124954
written notice;	124955

(C) The exiting operator's medicaid provider agreement number	124956
for the nursing facility that is the subject of the written	124957
notice;	124958

(D) The effective date of the facility closure~~, voluntary~~	124959
~~termination,~~ or voluntary withdrawal of participation;	124960

(E) The signature of the exiting operator's or owner's	124961
representative.	124962

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	124963
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	124964
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	124965
nursing facility undergoes a voluntary withdrawal of	124966
participation.	124967

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	124968
entering operator shall provide the department of ~~job and family~~	124969
~~services~~medicaid written notice of a change of operator if the	124970
nursing facility ~~or intermediate care facility for the mentally~~	124971
~~retarded~~ participates in the medicaid program and the entering	124972
operator seeks to continue the nursing facility's participation.	124973
The written notice shall be provided to the department in	124974
accordance with the method specified in rules ~~adopted under~~	124975
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	124976
written notice shall be provided to the department not later than	124977
forty-five days before the effective date of the change of	124978
operator if the change of operator does not entail the relocation	124979
of residents. The written notice shall be provided to the	124980
department not later than ninety days before the effective date of	124981
the change of operator if the change of operator entails the	124982
relocation of residents.	124983

The written notice shall include all of the following:

124984

(1) The name of the exiting operator and, if any, the exiting	124985
operator's authorized agent;	124986

(2) The name of the nursing facility ~~or intermediate care~~	124987
~~facility for the mentally retarded~~ that is the subject of the	124988
change of operator;	124989

(3) The exiting operator's seven-digit medicaid legacy number	124990
and ten-digit national provider identifier number for the nursing	124991
facility that is the subject of the change of operator;	124992

(4) The name of the entering operator;

124993

(5) The effective date of the change of operator;

124994

(6) The manner in which the entering operator becomes the	124995
nursing facility's operator, including through sale, lease,	124996
merger, or other action;	124997

(7) If the manner in which the entering operator becomes the	124998
nursing facility's operator involves more than one step, a	124999
description of each step;	125000

(8) Written authorization from the exiting operator or owner	125001
and entering operator for the department to process a provider	125002
agreement for the entering operator;	125003

(9) The names and addresses of the persons to whom the	125004
department should send initial correspondence regarding the change	125005
of operator;	125006

(10) If the nursing facility also participates in the	125007
medicare program, notification of whether the entering operator	125008
intends to accept assignment of the exiting operator's medicare	125009
provider agreement;	125010

(11) The signature of the exiting operator's or owner's	125011
representative.	125012

(B) An exiting operator or owner and entering operator	125013
immediately shall provide the department written notice of any	125014
changes to information included in a written notice of a change of	125015
operator that occur after that notice is provided to the	125016
department. The notice of the changes shall be provided to the	125017
department in accordance with the method specified in rules	125018
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125019
Revised Code.	125020

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	125021
~~services~~medicaid may enter into a provider agreement with an	125022
entering operator that goes into effect at 12:01 a.m. on the	125023
effective date of the change of operator if all of the following	125024
requirements are met:	125025

(A) The department receives a properly completed written	125026
notice required by section ~~5111.67~~5165.51 of the Revised Code on	125027
or before the date required by that section.	125028

(B) The department receives both of the following in	125029
accordance with the method specified in rules ~~adopted under~~	125030
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	125031
later than ten days after the effective date of the change of	125032
operator:	125033

(1) From the entering operator, a completed application for a	125034
provider agreement and all other forms and documents specified in	125035
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125036
Revised Code;	125037

(2) From the exiting operator or owner, all forms and	125038
documents specified in rules ~~adopted under~~authorized by section	125039
~~5111.689~~5165.53 of the Revised Code.	125040

(C) The entering operator is eligible for medicaid payments	125041
as provided in section ~~5111.21~~5165.06 of the Revised Code.	125042

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	125043
~~services~~medicaid may enter into a provider agreement with an	125044
entering operator that goes into effect at 12:01 a.m. on the date	125045
determined under division (B) of this section if all of the	125046
following are the case:	125047

(1) The department receives a properly completed written	125048
notice required by section ~~5111.67~~5165.51 of the Revised Code.	125049

(2) The department receives, from the entering operator and	125050
in accordance with the method specified in rules ~~adopted under~~	125051
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	125052
completed application for a provider agreement and all other forms	125053
and documents specified in rules adopted under that section.	125054

(3) The department receives, from the exiting operator or	125055
owner and in accordance with the method specified in rules ~~adopted~~	125056
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	125057
all forms and documents specified in rules adopted under that	125058
section.	125059

(4) One or more of the following apply:

125060

(a) The requirement of division (A)(1) of this section is met	125061
after the time required by section ~~5111.67~~5165.51 of the Revised	125062
Code;	125063

(b) The requirement of division (A)(2) of this section is met	125064
more than ten days after the effective date of the change of	125065
operator;	125066

(c) The requirement of division (A)(3) of this section is met	125067
more than ten days after the effective date of the change of	125068
operator.	125069

(5) The entering operator is eligible for medicaid payments	125070
as provided in section ~~5111.21~~5165.06 of the Revised Code.	125071

(B) The department shall determine the date a provider	125072
agreement entered into under this section is to go into effect as	125073
follows:	125074

(1) The effective date shall give the department sufficient	125075
time to process the change of operator, assure no duplicate	125076
payments are made, and make the withholding required by section	125077
~~5111.681~~5165.521 of the Revised Code.	125078

(2) The effective date shall be not earlier than the latest	125079
of the following:	125080

(a) The effective date of the change of operator;

125081

(b) The date that the entering operator complies with section	125082
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	125083
section;	125084

(c) The date that the exiting operator or owner complies with	125085
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	125086
this section.	125087

(3) The effective date shall be not later than the following	125088
after the later of the dates specified in division (B)(2) of this	125089
section:	125090

(a) Forty-five days if the change of operator does not entail	125091
the relocation of residents;	125092

(b) Ninety days if the change of operator entails the	125093
relocation of residents.	125094

~~Sec. 5111.673.~~ Sec. 5165.513. (A) A provider that enters into a	125095
provider agreement with the department of ~~job and family services~~	125096
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	125097
the Revised Code shall do all of the following:	125098

~~(A)~~(1) Comply with all applicable federal statutes and	125099
regulations;	125100

~~(B)~~(2) Comply with section ~~5111.22~~5165.07 of the Revised	125101
Code and all other applicable state statutes and rules;	125102

~~(C) Comply~~(3) Subject to division (B) of this section,	125103
comply with all the terms and conditions of the exiting operator's	125104
provider agreement, including, but not limited to, all of the	125105
following:	125106

~~(1)~~(a) Any plan of correction;

125107

~~(2)~~(b) Compliance with health and safety standards;

125108

~~(3)~~(c) Compliance with the ownership and financial interest	125109
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	125110

~~(4)~~(d) Compliance with the civil rights requirements of 45	125111
C.F.R. parts 80, 84, and 90;	125112

~~(5)~~(e) Compliance with additional requirements imposed by the	125113
department;	125114

~~(6)~~(f) Any sanctions relating to remedies for violation of	125115
the provider agreement, including deficiencies, compliance	125116
periods, accountability periods, monetary penalties, notification	125117
for correction of contract violations, and history of	125118
deficiencies.	125119

(B) Division (A)(3) of this section does not prohibit a	125120
nursing facility provider from excluding one or more parts of the	125121
nursing facility from the provider agreement pursuant to division	125122
(B)(1) of section 5165.08 of the Revised Code.	125123

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	125124
the exiting operator shall be considered to be the operator of the	125125
nursing facility ~~or intermediate care facility for the mentally~~	125126
~~retarded~~ for purposes of the medicaid program, including medicaid	125127
payments, until the effective date of the entering operator's	125128
provider agreement if the provider agreement is entered into under	125129
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	125130
Code.	125131

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	125132
~~services~~medicaid may enter into a provider agreement as provided	125133
in section ~~5111.22~~5165.07 of the Revised Code, rather than	125134
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	125135
Code, with an entering operator if the entering operator does not	125136
agree to a provider agreement that satisfies the requirements of	125137
division ~~(C)~~(A)(3) of section ~~5111.673~~5165.513 of the Revised	125138
Code. The department may not enter into the provider agreement	125139
unless the department of health certifies the nursing facility or	125140
~~intermediate care facility for the mentally retarded under Title~~	125141
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	125142
~~1396, as amended~~for participation in medicaid. The effective date	125143
of the provider agreement shall not precede any of the following:	125144

(A) The date that the department of health certifies the	125145
nursing facility;	125146

(B) The effective date of the change of operator;

125147

(C) The date the requirement of section ~~5111.67~~5165.51 of	125148
the Revised Code is satisfied.	125149

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	125150
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	125151
under section 5165.02 of the Revised Code governing adjustments	125152
to the medicaid ~~reimbursement~~payment rate for a nursing facility	125153
~~or intermediate care facility for the mentally retarded~~ that	125154
undergoes a change of operator. No rate adjustment resulting from	125155
a change of operator shall be effective before the effective date	125156
of the entering operator's provider agreement. This is the case	125157
regardless of whether the provider agreement is entered into under	125158
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	125159
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	125160
Revised Code.	125161

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	125162
department of health's determination that a change of operator has	125163
or has not occurred for purposes of licensure under Chapter 3721.	125164
of the Revised Code shall not affect the department of ~~job and~~	125165
~~family services'~~medicaid's determination of whether or when a	125166
change of operator occurs or the effective date of an entering	125167
operator's provider agreement under section ~~5111.671~~5165.511,	125168
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	125169
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	125170

~~(A) The department of health's determination that a change of~~	125171
~~operator has or has not occurred for purposes of licensure under~~	125172
~~Chapter 3721. of the Revised Code;~~	125173

~~(B) The department of developmental disabilities'~~	125174
~~determination that a change of operator has or has not occurred~~	125175
~~for purposes of licensure under section 5123.19 of the Revised~~	125176
~~Code~~.	125177

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	125178
under section ~~5111.66~~5165.50 of the Revised Code of a facility	125179
closure~~, voluntary termination,~~ or voluntary withdrawal of	125180
participation, on receipt of a written notice under section	125181
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	125182
the effective date of an involuntary termination, the department	125183
of ~~job and family services~~medicaid shall estimate the amount of	125184
any overpayments made under the medicaid program to the exiting	125185
operator, including overpayments the exiting operator disputes,	125186
and other actual and potential debts the exiting operator owes or	125187
may owe to the department and United States centers for medicare	125188
and medicaid services under the medicaid program, including a	125189
franchise permit fee.	125190

(B) In estimating the exiting operator's other actual and	125191
potential debts to the department and the United States centers	125192
for medicare and medicaid services under the medicaid program, the	125193
department shall use a debt estimation methodology the medicaid	125194
director ~~of job and family services~~ shall establish in rules	125195
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125196
Revised Code. The methodology shall provide for estimating all of	125197
the following that the department determines are applicable:	125198

(1) Refunds due the department under section ~~5111.27~~5165.41	125199
of the Revised Code;	125200

(2) Interest owed to the department and United States centers	125201
for medicare and medicaid services;	125202

(3) Final civil monetary and other penalties for which all	125203
right of appeal has been exhausted;	125204

(4) Money owed the department and United States centers for	125205
medicare and medicaid services from any outstanding final fiscal	125206
audit, including a final fiscal audit for the last fiscal year or	125207
portion thereof in which the exiting operator participated in the	125208
medicaid program;	125209

(5) Other amounts the department determines are applicable.

125210

(C) The department shall provide the exiting operator written	125211
notice of the department's estimate under division (A) of this	125212
section not later than thirty days after the department receives	125213
the notice under section ~~5111.66~~5165.50 of the Revised Code of	125214
the facility closure~~, voluntary termination,~~ or voluntary	125215
withdrawal of participation; the department receives the notice	125216
under section ~~5111.67~~5165.51 of the Revised Code of the change	125217
of operator; or the effective date of the involuntary termination.	125218
The department's written notice shall include the basis for the	125219
estimate.	125220

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	125221
(B), (C), and (D) of this section, the department of ~~job and~~	125222
~~family services~~medicaid may withhold from payment due an exiting	125223
operator under the medicaid program the total amount specified in	125224
the notice provided under division (C) of section ~~5111.68~~5165.52	125225
of the Revised Code that the exiting operator owes or may owe to	125226
the department and United States centers for medicare and medicaid	125227
services under the medicaid program.	125228

(B) In the case of a change of operator and subject to	125229
division (E) of this section, the following shall apply regarding	125230
a withholding under division (A) of this section if the exiting	125231
operator or entering operator or an affiliated operator executes a	125232
successor liability agreement meeting the requirements of division	125233
(F) of this section:	125234

(1) If the exiting operator, entering operator, or affiliated	125235
operator assumes liability for the total, actual amount of debt	125236
the exiting operator owes the department and the United States	125237
centers for medicare and medicaid services under the medicaid	125238
program as determined under section ~~5111.685~~5165.525 of the	125239
Revised Code, the department shall not make the withholding.	125240

(2) If the exiting operator, entering operator, or affiliated	125241
operator assumes liability for only the portion of the amount	125242
specified in division (B)(1) of this section that represents the	125243
franchise permit fee the exiting operator owes, the department	125244
shall withhold not more than the difference between the total	125245
amount specified in the notice provided under division (C) of	125246
section ~~5111.68~~5165.52 of the Revised Code and the amount for	125247
which the exiting operator, entering operator, or affiliated	125248
operator assumes liability.	125249

(C) In the case of a ~~voluntary termination,~~ voluntary	125250
withdrawal of participation, or facility closure and subject to	125251
division (E) of this section, the following shall apply regarding	125252
a withholding under division (A) of this section if the exiting	125253
operator or an affiliated operator executes a successor liability	125254
agreement meeting the requirements of division (F) of this	125255
section:	125256

(1) If the exiting operator or affiliated operator assumes	125257
liability for the total, actual amount of debt the exiting	125258
operator owes the department and the United States centers for	125259
medicare and medicaid services under the medicaid program as	125260
determined under section ~~5111.685~~5165.525 of the Revised Code,	125261
the department shall not make the withholding.	125262

(2) If the exiting operator or affiliated operator assumes	125263
liability for only the portion of the amount specified in division	125264
(C)(1) of this section that represents the franchise permit fee	125265
the exiting operator owes, the department shall withhold not more	125266
than the difference between the total amount specified in the	125267
notice provided under division (C) of section ~~5111.68~~5165.52 of	125268
the Revised Code and the amount for which the exiting operator or	125269
affiliated operator assumes liability.	125270

(D) In the case of an involuntary termination and subject to	125271
division (E) of this section, the following shall apply regarding	125272
a withholding under division (A) of this section if the exiting	125273
operator, the entering operator, or an affiliated operator	125274
executes a successor liability agreement meeting the requirements	125275
of division (F) of this section and the department approves the	125276
successor liability agreement:	125277

(1) If the exiting operator, entering operator, or affiliated	125278
operator assumes liability for the total, actual amount of debt	125279
the exiting operator owes the department and the United States	125280
centers for medicare and medicaid services under the medicaid	125281
program as determined under section ~~5111.685~~5165.525 of the	125282
Revised Code, the department shall not make the withholding.	125283

(2) If the exiting operator, entering operator, or affiliated	125284
operator assumes liability for only the portion of the amount	125285
specified in division (D)(1) of this section that represents the	125286
franchise permit fee the exiting operator owes, the department	125287
shall withhold not more than the difference between the total	125288
amount specified in the notice provided under division (C) of	125289
section ~~5111.68~~5165.52 of the Revised Code and the amount for	125290
which the exiting operator, entering operator, or affiliated	125291
operator assumes liability.	125292

(E) For an exiting operator or affiliated operator to be	125293
eligible to enter into a successor liability agreement under	125294
division (B), (C), or (D) of this section, both of the following	125295
must apply:	125296

(1) The exiting operator or affiliated operator must have one	125297
or more valid provider agreements, other than the provider	125298
agreement for the nursing facility ~~or intermediate care facility~~	125299
~~for the mentally retarded~~ that is the subject of the involuntary	125300
termination, ~~voluntary termination,~~ voluntary withdrawal of	125301
participation, facility closure, or change of operator;	125302

(2) During the twelve-month period preceding either the	125303
effective date of the involuntary termination or the month in	125304
which the department receives the notice of the ~~voluntary~~	125305
~~termination,~~ voluntary withdrawal of participation, or facility	125306
closure under section ~~5111.66~~5165.50 of the Revised Code or the	125307
notice of the change of operator under section ~~5111.67~~5165.51 of	125308
the Revised Code, the average monthly medicaid payment made to the	125309
exiting operator or affiliated operator pursuant to the exiting	125310
operator's or affiliated operator's one or more provider	125311
agreements, other than the provider agreement for the nursing	125312
facility ~~or intermediate care facility for the mentally retarded~~	125313
that is the subject of the involuntary termination, ~~voluntary~~	125314
~~termination,~~ voluntary withdrawal of participation, facility	125315
closure, or change of operator, must equal at least ninety per	125316
cent of the sum of the following:	125317

(a) The average monthly medicaid payment made to the exiting	125318
operator pursuant to the exiting operator's provider agreement for	125319
the nursing facility ~~or intermediate care facility for the~~	125320
~~mentally retarded~~ that is the subject of the involuntary	125321
termination, ~~voluntary termination,~~ voluntary withdrawal of	125322
participation, facility closure, or change of operator;	125323

(b) Whichever of the following apply:

125324

(i) If the exiting operator or affiliated operator has	125325
assumed liability under one or more other successor liability	125326
agreements, the total amount for which the exiting operator or	125327
affiliated operator has assumed liability under the other	125328
successor liability agreements;	125329

(ii) If the exiting operator or affiliated operator has not	125330
assumed liability under any other successor liability agreements,	125331
zero.	125332

(F) A successor liability agreement executed under this	125333
section must comply with all of the following:	125334

(1) It must provide for the operator who executes the	125335
successor liability agreement to assume liability for either of	125336
the following as specified in the agreement:	125337

(a) The total, actual amount of debt the exiting operator	125338
owes the department and the United States centers for medicare and	125339
medicaid services under the medicaid program as determined under	125340
section ~~5111.685~~5165.525 of the Revised Code;	125341

(b) The portion of the amount specified in division (F)(1)(a)	125342
of this section that represents the franchise permit fee the	125343
exiting operator owes.	125344

(2) It may not require the operator who executes the	125345
successor liability agreement to furnish a surety bond.	125346

(3) It must provide that the department, after determining	125347
under section ~~5111.685~~5165.525 of the Revised Code the actual	125348
amount of debt the exiting operator owes the department and United	125349
States centers for medicare and medicaid services under the	125350
medicaid program, may deduct the lesser of the following from	125351
medicaid payments made to the operator who executes the successor	125352
liability agreement:	125353

(a) The total, actual amount of debt the exiting operator	125354
owes the department and the United States centers for medicare and	125355
medicaid services under the medicaid program as determined under	125356
section ~~5111.685~~5165.525 of the Revised Code;	125357

(b) The amount for which the operator who executes the	125358
successor liability agreement assumes liability under the	125359
agreement.	125360

(4) It must provide that the deductions authorized by	125361
division (F)(3) of this section are to be made for a number of	125362
months, not to exceed six, agreed to by the operator who executes	125363
the successor liability agreement and the department or, if the	125364
operator who executes the successor liability agreement and	125365
department cannot agree on a number of months that is less than	125366
six, a greater number of months determined by the attorney general	125367
pursuant to a claims collection process authorized by statute of	125368
this state.	125369

(5) It must provide that, if the attorney general determines	125370
the number of months for which the deductions authorized by	125371
division (F)(3) of this section are to be made, the operator who	125372
executes the successor liability agreement shall pay, in addition	125373
to the amount collected pursuant to the attorney general's claims	125374
collection process, the part of the amount so collected that, if	125375
not for division (H) of this section, would be required by section	125376
109.081 of the Revised Code to be paid into the attorney general	125377
claims fund.	125378

(G) Execution of a successor liability agreement does not	125379
waive an exiting operator's right to contest the amount specified	125380
in the notice the department provides the exiting operator under	125381
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	125382

(H) Notwithstanding section 109.081 of the Revised Code, the	125383
entire amount that the attorney general, whether by employees or	125384
agents of the attorney general or by special counsel appointed	125385
pursuant to section 109.08 of the Revised Code, collects under a	125386
successor liability agreement, other than the additional amount	125387
the operator who executes the agreement is required by division	125388
(F)(5) of this section to pay, shall be paid to the department of	125389
~~job and family services~~medicaid for deposit into the appropriate	125390
fund. The additional amount that the operator is required to pay	125391
shall be paid into the state treasury to the credit of the	125392
attorney general claims fund created under section 109.081 of the	125393
Revised Code.	125394

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	125395
(B) of this section, an exiting operator shall file with the	125396
department of ~~job and family services~~medicaid a cost report not	125397
later than ninety days after the last day the exiting operator's	125398
provider agreement is in effect or, in the case of a voluntary	125399
withdrawal of participation, the effective date of the voluntary	125400
withdrawal of participation. The cost report shall cover the	125401
period that begins with the day after the last day covered by the	125402
operator's most recent previous cost report required by section	125403
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	125404
exiting operator's provider agreement is in effect or, in the case	125405
of a voluntary withdrawal of participation, the effective date of	125406
the voluntary withdrawal of participation. The cost report shall	125407
include, as applicable, all of the following:	125408

(1) The sale price of the nursing facility ~~or intermediate~~	125409
~~care facility for the mentally retarded~~;	125410

(2) A final depreciation schedule that shows which assets are	125411
transferred to the buyer and which assets are not transferred to	125412
the buyer;	125413

(3) Any other information the department requires.

125414

(B) The department, at its sole discretion, may waive the	125415
requirement that an exiting operator file a cost report in	125416
accordance with division (A) of this section.	125417

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	125418
section ~~5111.682~~5165.522 of the Revised Code to file a cost	125419
report with the department of ~~job and family services~~medicaid	125420
fails to file the cost report in accordance with that section, all	125421
payments under the medicaid program for the period the cost report	125422
is required to cover are deemed overpayments until the date the	125423
department receives the properly completed cost report. The	125424
department may impose on the exiting operator a penalty of one	125425
hundred dollars for each calendar day the properly completed cost	125426
report is late.	125427

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	125428
~~services~~medicaid may not provide an exiting operator final	125429
payment under the medicaid program until the department receives	125430
all properly completed cost reports the exiting operator is	125431
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	125432
5165.522 of the Revised Code.	125433

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	125434
~~services~~medicaid shall determine the actual amount of debt an	125435
exiting operator owes the department and the United States centers	125436
for medicare and medicaid services under the medicaid program by	125437
completing all final fiscal audits not already completed and	125438
performing all other appropriate actions the department determines	125439
to be necessary. The department shall issue an initial debt	125440
summary report on this matter not later than sixty days after the	125441
date the exiting operator files the properly completed cost report	125442
required by section ~~5111.682~~5165.522 of the Revised Code with the	125443
department or, if the department waives the cost report	125444
requirement for the exiting operator, sixty days after the date	125445
the department waives the cost report requirement. The initial	125446
debt summary report becomes the final debt summary report	125447
thirty-one days after the department issues the initial debt	125448
summary report unless the exiting operator, or an affiliated	125449
operator who executes a successor liability agreement under	125450
section ~~5111.681~~5165.521 of the Revised Code, requests a review	125451
before that date.	125452

The exiting operator, and an affiliated operator who executes	125453
a successor liability agreement under section ~~5111.681~~5165.521 of	125454
the Revised Code, may request a review to contest any of the	125455
department's findings included in the initial debt summary report.	125456
The request for the review must be submitted to the department not	125457
later than thirty days after the date the department issues the	125458
initial debt summary report. The department shall conduct the	125459
review on receipt of a timely request and issue a revised debt	125460
summary report. If the department has withheld money from payment	125461
due the exiting operator under division (A) of section ~~5111.681~~	125462
5165.521 of the Revised Code, the department shall issue the	125463
revised debt summary report not later than ninety days after the	125464
date the department receives the timely request for the review	125465
unless the department and exiting operator or affiliated operator	125466
agree to a later date. The exiting operator or affiliated operator	125467
may submit information to the department explaining what the	125468
operator contests before and during the review, including	125469
documentation of the amount of any debt the department owes the	125470
operator. The exiting operator or affiliated operator may submit	125471
additional information to the department not later than thirty	125472
days after the department issues the revised debt summary report.	125473
The revised debt summary report becomes the final debt summary	125474
report thirty-one days after the department issues the revised	125475
debt summary report unless the exiting operator or affiliated	125476
operator timely submits additional information to the department.	125477
If the exiting operator or affiliated operator timely submits	125478
additional information to the department, the department shall	125479
consider the additional information and issue a final debt summary	125480
report not later than sixty days after the department issues the	125481
revised debt summary report unless the department and exiting	125482
operator or affiliated operator agree to a later date.	125483

Each debt summary report the department issues under this	125484
section shall include the department's findings and the amount of	125485
debt the department determines the exiting operator owes the	125486
department and United States centers for medicare and medicaid	125487
services under the medicaid program. The department shall explain	125488
its findings and determination in each debt summary report.	125489

The exiting operator, and an affiliated operator who executes	125490
a successor liability agreement under section ~~5111.681~~5165.521 of	125491
the Revised Code, may request, in accordance with Chapter 119. of	125492
the Revised Code, an adjudication regarding a finding in a final	125493
debt summary report that pertains to an audit or alleged	125494
overpayment made under the medicaid program to the exiting	125495
operator. The adjudication shall be consolidated with any other	125496
uncompleted adjudication that concerns a matter addressed in the	125497
final debt summary report.	125498

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	125499
~~services~~medicaid shall release the actual amount withheld under	125500
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	125501
less any amount the exiting operator owes the department and	125502
United States centers for medicare and medicaid services under the	125503
medicaid program, as follows:	125504

(A) Unless the department issues the initial debt summary	125505
report required by section ~~5111.685~~5165.525 of the Revised Code	125506
not later than sixty days after the date the exiting operator	125507
files the properly completed cost report required by section	125508
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	125509
date the exiting operator files the properly completed cost	125510
report;	125511

(B) If the department issues the initial debt summary report	125512
required by section ~~5111.685~~5165.525 of the Revised Code not	125513
later than sixty days after the date the exiting operator files a	125514
properly completed cost report required by section ~~5111.682~~	125515
5165.522 of the Revised Code, not later than the following:	125516

(1) Thirty days after the deadline for requesting an	125517
adjudication under section ~~5111.685~~5165.525 of the Revised Code	125518
regarding the final debt summary report if the exiting operator,	125519
and an affiliated operator who executes a successor liability	125520
agreement under section ~~5111.681~~5165.521 of the Revised Code,	125521
fail to request the adjudication on or before the deadline;	125522

(2) Thirty days after the completion of an adjudication of	125523
the final debt summary report if the exiting operator, or an	125524
affiliated operator who executes a successor liability agreement	125525
under section ~~5111.681~~5165.521 of the Revised Code, requests the	125526
adjudication on or before the deadline for requesting the	125527
adjudication.	125528

(C) Unless the department issues the initial debt summary	125529
report required by section ~~5111.685~~5165.525 of the Revised Code	125530
not later than sixty days after the date the department waives the	125531
cost report requirement of section ~~5111.682~~5165.522 of the	125532
Revised Code, sixty-one days after the date the department waives	125533
the cost report requirement;	125534

(D) If the department issues the initial debt summary report	125535
required by section ~~5111.685~~5165.525 of the Revised Code not	125536
later than sixty days after the date the department waives the	125537
cost report requirement of section ~~5111.682~~5165.522 of the	125538
Revised Code, not later than the following:	125539

(1) Thirty days after the deadline for requesting an	125540
adjudication under section ~~5111.685~~5165.525 of the Revised Code	125541
regarding the final debt summary report if the exiting operator,	125542
and an affiliated operator who executes a successor liability	125543
agreement under section ~~5111.681~~5165.521 of the Revised Code,	125544
fail to request the adjudication on or before the deadline;	125545

(2) Thirty days after the completion of an adjudication of	125546
the final debt summary report if the exiting operator, or an	125547
affiliated operator who executes a successor liability agreement	125548
under section ~~5111.681~~5165.521 of the Revised Code, requests the	125549
adjudication on or before the deadline for requesting the	125550
adjudication.	125551

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	125552
~~services~~medicaid, at its sole discretion, may release the amount	125553
withheld under division (A) of section ~~5111.681~~5165.521 of the	125554
Revised Code if the exiting operator submits to the department	125555
written notice of a postponement of a change of operator, facility	125556
closure, ~~voluntary termination,~~ or voluntary withdrawal of	125557
participation and the transactions leading to the change of	125558
operator, facility closure, ~~voluntary termination,~~ or voluntary	125559
withdrawal of participation are postponed for at least thirty days	125560
but less than ninety days after the date originally proposed for	125561
the change of operator, facility closure, ~~voluntary termination,~~	125562
or voluntary withdrawal of participation as reported in the	125563
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	125564
5165.51 of the Revised Code. The department shall release the	125565
amount withheld if the exiting operator submits to the department	125566
written notice of a cancellation or postponement of a change of	125567
operator, facility closure, ~~voluntary termination,~~ or voluntary	125568
withdrawal of participation and the transactions leading to the	125569
change of operator, facility closure, ~~voluntary termination,~~ or	125570
voluntary withdrawal of participation are canceled or postponed	125571
for more than ninety days after the date originally proposed for	125572
the change of operator, facility closure, ~~voluntary termination,~~	125573
or voluntary withdrawal of participation as reported in the	125574
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	125575
5165.51 of the Revised Code. A written notice shall be provided to	125576
the department in accordance with the method specified in rules	125577
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125578
Revised Code.	125579

After the department receives a written notice regarding a	125580
cancellation or postponement of a facility closure~~, voluntary~~	125581
~~termination,~~ or voluntary withdrawal of participation, the exiting	125582
operator or owner shall provide new written notice to the	125583
department under section ~~5111.66~~5165.50 of the Revised Code	125584
regarding any transactions leading to a facility closure,	125585
~~voluntary termination,~~ or voluntary withdrawal of participation at	125586
a future time. After the department receives a written notice	125587
regarding a cancellation or postponement of a change of operator,	125588
the exiting operator or owner and entering operator shall provide	125589
new written notice to the department under section ~~5111.67~~5165.51	125590
of the Revised Code regarding any transactions leading to a change	125591
of operator at a future time.	125592

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	125593
section ~~5111.681~~5165.521 of the Revised Code from payment due an	125594
exiting operator under the medicaid program shall be deposited	125595
into the medicaid payment withholding fund created by the	125596
controlling board pursuant to section 131.35 of the Revised Code.	125597
Money in the fund shall be used as follows:	125598

(1) To pay an exiting operator when a withholding is released	125599
to the exiting operator under section ~~5111.686~~5165.526 or	125600
~~5111.687~~5165.527 of the Revised Code;	125601

(2) To pay the department of ~~job and family services~~medicaid	125602
and United States centers for medicare and medicaid services the	125603
amount an exiting operator owes the department and United States	125604
centers under the medicaid program.	125605

(B) Amounts paid from the medicaid payment withholding fund	125606
pursuant to division (A)(2) of this section shall be deposited	125607
into the appropriate department fund.	125608

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	125609
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	125610
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	125611
5165.53 of the Revised Code, including rules applicable to an	125612
exiting operator that provides written notification under section	125613
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	125614
participation. Rules adopted under this section shall comply with	125615
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	125616
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	125617
restrictions on transfers or discharges of nursing facility	125618
residents in the case of a voluntary withdrawal of participation.	125619
The rules may prescribe a medicaid ~~reimbursement~~payment	125620
methodology and other procedures that are applicable after the	125621
effective date of a voluntary withdrawal of participation that	125622
differ from the ~~reimbursement~~payment methodology and other	125623
procedures that would otherwise apply. The rules shall specify all	125624
of the following:	125625

(A) The method by which written notices to the department	125626
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	125627
Revised Code are to be provided;	125628

(B) The forms and documents that are to be provided to the	125629
department of medicaid under sections ~~5111.671~~5165.511 and	125630
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	125631
case of such forms and documents provided by entering operators,	125632
all the fully executed leases, management agreements, merger	125633
agreements and supporting documents, and fully executed sales	125634
contracts and any other supporting documents culminating in the	125635
change of operator;	125636

(C) The method by which the forms and documents identified in	125637
division (B) of this section are to be provided to the department.	125638

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	125639
rights" means the rights of a nursing facility resident under	125640
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	125641
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	125642
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	125643
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	125644
under those ~~subsections~~sections of the "Social Security Act."	125645

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	125646
Revised Code:	125647

(A) "Certification requirements" means the requirements for	125648
nursing facilities established under ~~sections 1819 and 1919 of~~ the	125649
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	125650
and 1396r.	125651

(B) "Compliance" means substantially meeting all applicable	125652
certification requirements.	125653

(C) "Contracting agency" means a state agency that has	125654
entered into a contract with the department of ~~job and family~~	125655
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	125656
Code.	125657

(D)(1) "Deficiency" means a finding cited by the department	125658
of health during a survey, on the basis of one or more actions,	125659
practices, situations, or incidents occurring at a nursing	125660
facility, that constitutes a severity level three finding,	125661
severity level four finding, scope level three finding, or scope	125662
level four finding. Whenever the finding is a repeat finding,	125663
"deficiency" also includes any finding that is a severity level	125664
two and scope level one finding, a severity level two and scope	125665
level two finding, or a severity level one and scope level two	125666
finding.	125667

(2) "Cluster of deficiencies" means deficiencies that result	125668
from noncompliance with two or more certification requirements and	125669
are causing or resulting from the same action, practice,	125670
situation, or incident.	125671

(E) "Emergency" means either of the following:

125672

(1) A deficiency or cluster of deficiencies that creates a	125673
condition of immediate jeopardy;	125674

(2) An unexpected situation or sudden occurrence of a serious	125675
or urgent nature that creates a substantial likelihood that one or	125676
more residents of a nursing facility may be seriously harmed if	125677
allowed to remain in the facility, including the following:	125678

(a) A flood or other natural disaster, civil disaster, or	125679
similar event;	125680

(b) A labor strike that suddenly causes the number of staff	125681
members in a nursing facility to be below that necessary for	125682
resident care.	125683

(F) "Finding" means a finding of noncompliance with	125684
certification requirements determined by the department of health	125685
under section ~~5111.41~~5165.66 of the Revised Code.	125686

(G) "Immediate jeopardy" means that one or more residents of	125687
a nursing facility are in imminent danger of serious physical or	125688
life-threatening harm.	125689

(H) "Medicaid eligible resident" means a person who is a	125690
resident of a nursing facility, or is applying for admission to a	125691
nursing facility, and is eligible ~~to receive financial assistance~~	125692
for nursing facility services under the ~~medical assistance~~	125693
medicaid program ~~for the care the person receives in such a~~	125694
~~facility~~.	125695

(I) "Noncompliance" means failure to substantially meet all	125696
applicable certification requirements.	125697

(J) "Nursing facility" ~~has the same meaning as in section~~	125698
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	125699
the extent the context requires.	125700

(K) ~~"Provider" means a person, institution, or entity that~~	125701
~~furnishes nursing facility services under a medical assistance~~	125702
~~program provider agreement.~~	125703

~~(L) "Provider agreement" means a contract between the~~	125704
~~department of job and family services and a provider for the~~	125705
~~provision of nursing facility services under the medicaid program.~~	125706

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	125707
or deficiency cited pursuant to a survey, to which both of the	125708
following apply:	125709

(1) The finding or deficiency involves noncompliance with the	125710
same certification requirement, and the same kind of actions,	125711
practices, situations, or incidents caused by or resulting from	125712
the noncompliance, as were cited in the immediately preceding	125713
standard survey or another survey conducted subsequent to the	125714
immediately preceding standard survey of the facility. For	125715
purposes of this division, actions, practices, situations, or	125716
incidents may be of the same kind even though they involve	125717
different residents, staff, or parts of the facility.	125718

(2) The finding or deficiency is cited subsequent to a	125719
determination by the department of health that the finding or	125720
deficiency cited on the immediately preceding standard survey, or	125721
another survey conducted subsequent to the immediately preceding	125722
standard survey, had been corrected.	125723

~~(N)~~(L)(1) "Scope level one finding" means a finding of	125724
noncompliance by a nursing facility in which the actions,	125725
situations, practices, or incidents causing or resulting from the	125726
noncompliance affect one or a very limited number of facility	125727
residents and involve one or a very limited number of facility	125728
staff members.	125729

(2) "Scope level two finding" means a finding of	125730
noncompliance by a nursing facility in which the actions,	125731
situations, practices, or incidents causing or resulting from the	125732
noncompliance affect more than a limited number of facility	125733
residents or involve more than a limited number of facility staff	125734
members, but the number or percentage of facility residents	125735
affected or staff members involved and the number or frequency of	125736
the actions, situations, practices, or incidents in short	125737
succession does not establish any reasonable degree of	125738
predictability of similar actions, situations, practices, or	125739
incidents occurring in the future.	125740

(3) "Scope level three finding" means a finding of	125741
noncompliance by a nursing facility in which the actions,	125742
situations, practices, or incidents causing or resulting from the	125743
noncompliance affect more than a limited number of facility	125744
residents or involve more than a limited number of facility staff	125745
members, and the number or percentage of facility residents	125746
affected or staff members involved or the number or frequency of	125747
the actions, situations, practices, or incidents in short	125748
succession establishes a reasonable degree of predictability of	125749
similar actions, situations, practices, or incidents occurring in	125750
the future.	125751

(4) "Scope level four finding" means a finding of	125752
noncompliance by a nursing facility causing or resulting from	125753
actions, situations, practices, or incidents that involve a	125754
sufficient number or percentage of facility residents or staff	125755
members or occur with sufficient regularity over time that the	125756
noncompliance can be considered systemic or pervasive in the	125757
facility.	125758

~~(O)~~(M)(1) "Severity level one finding" means a finding of	125759
noncompliance by a nursing facility that has not caused and, if	125760
continued, is unlikely to cause physical harm to a facility	125761
resident, mental or emotional harm to a resident, or a violation	125762
of a resident's rights that results in physical, mental, or	125763
emotional harm to the resident.	125764

(2) "Severity level two finding" means a finding of	125765
noncompliance by a nursing facility that, if continued over time,	125766
will cause, or is likely to cause, physical harm to a facility	125767
resident, mental or emotional harm to a resident, or a violation	125768
of a resident's rights that results in physical, mental, or	125769
emotional harm to the resident.	125770

(3) "Severity level three finding" means a finding of	125771
noncompliance by a nursing facility that has caused physical harm	125772
to a facility resident, mental or emotional harm to a resident, or	125773
a violation of a resident's rights that results in physical,	125774
mental, or emotional harm to the resident.	125775

(4) "Severity level four finding" means a finding of	125776
noncompliance by a nursing facility that has caused	125777
life-threatening harm to a facility resident or caused a	125778
resident's death.	125779

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	125780
of the Revised Code.	125781

~~(Q)~~(O) "Substandard care" means care furnished in a facility	125782
in which the department of health has cited a deficiency or	125783
deficiencies that constitute one of the following:	125784

(1) A severity level four finding, regardless of scope;

125785

(2) A severity level three and scope level four finding, in	125786
the quality of care provided to residents;	125787

(3) A severity level three and scope level three finding, in	125788
the quality of care provided to residents.	125789

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	125790
conducted under section ~~5111.39~~5165.64 of the Revised Code.	125791

(2) "Standard survey" means a survey conducted by the	125792
department of health under division (A) of section ~~5111.39~~5165.64	125793
of the Revised Code and includes an extended survey.	125794

(3) "Follow-up survey" means a survey conducted by the	125795
department of health to determine whether a nursing facility has	125796
substantially corrected deficiencies cited in a previous survey.	125797

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	125798
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	125799
of the Revised Code that are consistent with regulations,	125800
guidelines, and procedures issued by the United States secretary	125801
of health and human services under ~~sections 1819 and 1919 of~~ the	125802
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	125803
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	125804
administration and enforcement of sections ~~5111.35~~5165.60 to	125805
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	125806
issue appropriate regulations for enforcement of those sections	125807
~~1819 and 1919~~ of the "Social Security Act" on or before December	125808
13, 1990, the medicaid director ~~of job and family services~~ may	125809
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	125810
rules that are consistent with those sections and with sections	125811
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	125812

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	125813
~~services~~medicaid is hereby authorized to enforce sections	125814
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	125815
department may enforce the sections directly or through	125816
contracting agencies. The department and agencies shall enforce	125817
the sections in accordance with the requirements of ~~sections 1819~~	125818
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	125819
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	125820
1396r, that apply to nursing facilities; with regulations,	125821
guidelines, and procedures adopted by the United States secretary	125822
of health and human services for the enforcement of those sections	125823
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	125824
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	125825
Code. The department and agencies shall enforce sections ~~5111.35~~	125826
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	125827
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	125828
to the extent prescribed by the regulations, guidelines, and	125829
procedures issued by the secretary under ~~section 1819 of that act~~	125830
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	125831

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	125832
~~services~~medicaid may enter into contracts with other state	125833
agencies pursuant to section 5162.35 of the Revised Code that	125834
authorize the agencies to perform all or part of the duties	125835
assigned to the department of ~~job and family services~~medicaid	125836
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	125837
Code. Each contract shall specify the duties the agency is	125838
authorized to perform and the sections of the Revised Code under	125839
which the agency is authorized to perform those duties.	125840

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	125841
conduct a survey, titled a standard survey, of every nursing	125842
facility in this state on a statewide average of not more than	125843
once every twelve months. Each nursing facility shall undergo a	125844
standard survey at least once every fifteen months as a condition	125845
of meeting certification requirements. The department may extend a	125846
standard survey; such a survey is titled an extended survey.	125847

(B) The department may conduct surveys in addition to	125848
standard surveys when it considers them necessary.	125849

(C) The department shall conduct surveys in accordance with	125850
the regulations, guidelines, and procedures issued by the United	125851
States secretary of health and human services under ~~Titles~~Title	125852
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	125853
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	125854
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	125855
section 3721.022 of the Revised Code.	125856

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	125857
the department of health survey team shall conduct an exit	125858
interview with the administrator or other person in charge of the	125859
nursing facility and any other facility staff members designated	125860
by the administrator or person in charge of the facility. During	125861
the exit interview, at the request of the administrator or other	125862
person in charge of the facility, the survey team shall provide	125863
one of the following, as selected by the survey team:	125864

(1) Copies of all survey notes and any other written	125865
materials created during the survey;	125866

(2) A written summary of the survey team's recommendations	125867
regarding findings of noncompliance with certification	125868
requirements;	125869

(3) An audio or audiovisual recording of the interview. If	125870
the survey team selects this option, at least two copies of the	125871
recording shall be made and the survey team shall select one copy	125872
to be kept by the survey team for use by the department of health.	125873

(B) All expenses of copying under division (A)(1) of this	125874
section or recording under division (A)(3) of this section,	125875
including the cost of the copy of the recording kept by the survey	125876
team, shall be paid by the facility.	125877

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	125878
3721.17 of the Revised Code, a finding shall be cited only on the	125879
basis of a survey and a determination that one or more actions,	125880
practices, situations, or incidents at a nursing facility caused	125881
or resulted from the facility's failure to comply with one or more	125882
certification requirements. The department of health shall	125883
determine whether the actions, practices, situations, or incidents	125884
can be justified by either of the following:	125885

(1) The actions, practices, situations, or incidents resulted	125886
from a resident exercising the resident's rights guaranteed under	125887
the laws of the United States or of this state;	125888

(2) The actions, practices, situations, or incidents resulted	125889
from a facility following the orders of a person licensed under	125890
Chapter 4731. of the Revised Code to practice medicine or surgery	125891
or osteopathic medicine and surgery.	125892

(B) If the department of health determines both that the	125893
actions, practices, situations, or incidents cannot be justified	125894
by the factors identified in division (A) of this section and that	125895
one or more of the following are applicable, the department shall	125896
declare that the actions, practices, situations, or incidents	125897
constitute a finding:	125898

(1) The actions, practices, situations, or incidents could	125899
have been prevented by one or more persons involved in the	125900
facility's operation;	125901

(2) No person involved in the facility's operation identified	125902
the actions, practices, situations, or incidents prior to the	125903
survey;	125904

(3) Prior to the survey, no person involved in the facility's	125905
operation initiated action to correct the noncompliance caused by	125906
or resulting in the actions, practices, situations, or incidents;	125907

(4) The facility does not have in effect, if needed, a	125908
contingency plan that is reasonably calculated to prevent	125909
physical, mental, or emotional harm to residents while permanent	125910
corrective action is being taken.	125911

(C) The department of health shall determine the severity	125912
level and scope level of each finding.	125913

(D) A deficiency that is substantially corrected within the	125914
time limits specified in sections ~~5111.52~~5165.79 to	125915
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	125916
imposed, shall be counted as a deficiency for the purpose of	125917
determining whether a deficiency is a repeat deficiency.	125918

(E) Whenever the department of health determines that during	125919
the period between two surveys a finding existed at the facility,	125920
but the facility substantially corrected it prior to the second	125921
survey, the department shall cite it. However, the department of	125922
~~job and family services~~medicaid or a contracting agency shall	125923
impose a remedy only as provided in division (C) of section	125924
~~5111.46~~5165.72 of the Revised Code.	125925

(F) Immediately upon determining the severity and scope of a	125926
finding at a nursing facility, the department of health shall	125927
notify the department of ~~job and family services~~medicaid and any	125928
contracting agency of the finding, the severity and scope of the	125929
finding, and whether the finding creates immediate jeopardy.	125930
Immediately upon determining that an emergency exists at a	125931
facility that does not result from a deficiency that creates	125932
immediate jeopardy, the department of health shall notify the	125933
department of ~~job and family services~~medicaid and any contracting	125934
agency.	125935

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	125936
facility that is conducted under section ~~5111.39~~5165.64 of the	125937
Revised Code, including any statement of deficiencies and all	125938
findings and deficiencies cited in the statement on the basis of	125939
the survey, shall be used solely to determine the nursing	125940
facility's compliance with certification requirements or with this	125941
chapter or another chapter of the Revised Code. Those results of a	125942
survey, that statement of deficiencies, and the findings and	125943
deficiencies cited in that statement shall not be used in any	125944
court or in any action or proceeding that is pending in any court	125945
and are not admissible in evidence in any action or proceeding	125946
unless that action or proceeding is an appeal of an administrative	125947
action by the department of ~~job and family services~~medicaid or	125948
contracting agency under this chapter or is an action by any	125949
department or agency of the state to enforce this chapter or	125950
another chapter of the Revised Code.	125951

Nothing in this section prohibits the results of a survey, a	125952
statement of deficiencies, or the findings and deficiencies cited	125953
in that statement on the basis of the survey under this section	125954
from being used in a criminal investigation or prosecution.	125955

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	125956
exit interview, the department of health shall deliver to the	125957
nursing facility a detailed statement, titled a statement of	125958
deficiencies, setting forth all findings and deficiencies cited on	125959
the basis of the survey, including any finding cited pursuant to	125960
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	125961
statement shall indicate the severity and scope level of each	125962
finding and fully describe the incidents or other facts that form	125963
the basis of the department's determination of the existence of	125964
each finding and deficiency. A failure by the survey team to	125965
completely disclose in the exit interview every finding that may	125966
result from the survey does not affect the validity of any finding	125967
or deficiency cited in the statement of deficiencies. On request	125968
of the facility, the department shall provide a copy of any	125969
written worksheet or other document produced by the survey team in	125970
making recommendations regarding scope and severity levels of	125971
findings and deficiencies.	125972

(B) At the same time the department of health delivers a	125973
statement of deficiencies, it also shall deliver to the facility a	125974
separate written notice that states all of the following:	125975

(1) That the department of ~~job and family services~~medicaid	125976
or a contracting agency will issue an order under section ~~5111.57~~	125977
5165.84 of the Revised Code denying payment for any medicaid	125978
eligible residents admitted on and after the effective date of the	125979
order if the facility does not substantially correct, within	125980
ninety days after the exit interview, the deficiency or	125981
deficiencies cited in the statement of deficiencies in accordance	125982
with the plan of correction it submitted under section ~~5111.43~~	125983
5165.69 of the Revised Code;	125984

(2) If a condition of substandard care has been cited on the	125985
basis of a standard survey and a condition of substandard care was	125986
also cited on the immediately preceding standard survey, that the	125987
department of ~~job and family services~~medicaid or a contracting	125988
agency will issue an order under section ~~5111.57~~5165.84 of the	125989
Revised Code denying payment for any medicaid eligible residents	125990
admitted on and after the effective date of the order if a	125991
condition of substandard care is cited on the basis of the next	125992
standard survey;	125993

(3) That the department of ~~job and family services~~medicaid	125994
or a contracting agency will issue an order under section ~~5111.58~~	125995
5165.88 of the Revised Code terminating the facility's	125996
participation in the ~~medical assistance~~medicaid program if either	125997
of the following applies:	125998

(a) The facility does not substantially correct the	125999
deficiency or deficiencies in accordance with the plan of	126000
correction it submitted under section ~~5111.43~~5165.69 of the	126001
Revised Code within six months after the exit interview.	126002

(b) The facility substantially corrects the deficiency or	126003
deficiencies within the six-month period, but after correcting it,	126004
the department of health, based on a follow-up survey conducted	126005
during the remainder of the six-month period, determines that the	126006
facility has failed to maintain compliance with certification	126007
requirements.	126008

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	126009
receives a statement of deficiencies under section ~~5111.42~~5165.68	126010
of the Revised Code, the facility shall submit to the department	126011
of health for its approval a plan of correction for each finding	126012
cited in the statement. The plan shall ~~describe~~include all of the	126013
following:	126014

(1) Detailed descriptions of the actions the facility will	126015
take to correct each finding and specify the date by which each	126016
finding will be corrected~~. In~~;	126017

(2) In the case of a finding cited pursuant to division (E)	126018
of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	126019
~~describe~~a description of the actions the facility took to correct	126020
the finding and the date on which it was corrected;	126021

(3) Beginning one year after the effective date of the first	126022
federal regulation promulgated under the "Social Security Act,"	126023
section 1128I(c), 42 U.S.C. 1320a-7j(c), regarding the quality	126024
assurance and performance improvement program and in the case of a	126025
finding assigned a severity level indicating that a resident was	126026
harmed or immediate jeopardy exists, an explanation of how the	126027
actions described in the components of the plan required by	126028
divisions (A)(1) and (2) of this section are part of the	126029
facility's actions to meet the standards and implement the best	126030
practices established under the quality assurance and performance	126031
improvement program.	126032

(B)(1) The department shall approve any plan, and any	126033
modification of an existing plan a nursing facility submits to the	126034
department, that ~~conforms~~does both of the following:	126035

(a) Conforms to the requirements for approval of plans of	126036
corrections, and modifications, established in the regulations,	126037
guidelines, and procedures issued by the United States secretary	126038
of health and human services under ~~Titles~~Title XVIII and Title	126039
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	126040
~~301, as amended~~;	126041

(b) Includes all the information required by division (A) of	126042
this section. ~~The department also shall approve any modification~~	126043
~~of an existing plan submitted by a facility, if the plan as~~	126044
~~modified conforms to those regulations, guidelines, and~~	126045
~~procedures. The~~	126046

(2) The department shall not reject a facility's plan of	126047
correction or modification on the ground that the facility	126048
disputes the finding, if the plan or modification is reasonably	126049
calculated to correct the finding.	126050

(C) A facility that complies with this section shall not be	126051
considered to have admitted the existence of a finding cited by	126052
the department.	126053

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	126054
employees of the department to conduct on-site monitoring of a	126055
nursing facility whenever a finding is cited, including any	126056
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	126057
of the Revised Code, or an emergency is found to exist.	126058
Appointment of monitors under this section is not subject to	126059
appeal under section ~~5111.60~~5165.87 or any other section of the	126060
Revised Code. No employee of a facility for which monitors are	126061
appointed, no person employed by the facility within the previous	126062
two years, and no person who currently has a consulting or other	126063
contract with the department or the facility, shall be appointed	126064
as a monitor under this section. Every monitor appointed under	126065
this section shall have the professional qualifications necessary	126066
to monitor correction of the finding or elimination of the	126067
emergency.	126068

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	126069
a deficiency or deficiencies that was not substantially corrected	126070
before a survey and that does not constitute a severity level four	126071
finding or create immediate jeopardy, the department of ~~job and~~	126072
~~family services~~medicaid or a contracting agency shall permit the	126073
nursing facility to continue participating in the ~~medical~~	126074
~~assistance~~medicaid program for up to six months after the exit	126075
interview, if all of the following apply:	126076

(1) The facility meets the requirements, established in	126077
regulations issued by the United States secretary of health and	126078
human services under Title XIX ~~of the "Social Security Act," 49~~	126079
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	126080
of nursing facilities that have a deficiency.	126081

(2) The department of health has approved a plan of	126082
correction submitted by the facility under section ~~5111.43~~5165.69	126083
of the Revised Code for each deficiency.	126084

(3) The provider agrees to repay the department of ~~job and~~	126085
~~family services~~medicaid, in accordance with section ~~5111.58~~	126086
5165.85 of the Revised Code, the federal share of all payments	126087
made by the department to the facility during the six-month period	126088
following the exit interview if the facility does not within the	126089
six-month period substantially correct the deficiency or	126090
deficiencies in accordance with the plan of correction submitted	126091
under section ~~5111.43~~5165.69 of the Revised Code.	126092

(B) If any of the conditions in divisions (A)(1) to (3) of	126093
this section do not apply, the department of ~~job and family~~	126094
~~services~~medicaid or contracting agency shall issue an order	126095
terminating the facility's participation in the ~~medical assistance~~	126096
medicaid program. An order issued under this division is subject	126097
to appeal under Chapter 119. of the Revised Code. The order shall	126098
not take effect prior to the later of the thirtieth day after it	126099
is delivered to the facility or, if the order is appealed, the	126100
date on which a final adjudication order upholding the termination	126101
becomes effective pursuant to Chapter 119. of the Revised Code.	126102

(C) At the time the department of ~~job and family services~~	126103
medicaid or contracting agency issues an order under division (B)	126104
of this section terminating a nursing facility's participation in	126105
the ~~medical assistance~~medicaid program, it may also impose,	126106
subject to section ~~5111.50~~5165.76 of the Revised Code, other	126107
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	126108
Revised Code.	126109

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	126110
a deficiency, or cluster of deficiencies, that was not	126111
substantially corrected before a survey and constitutes a severity	126112
level four finding, the department of ~~job and family services~~	126113
medicaid or contracting agency shall, subject to sections ~~5111.52~~	126114
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	126115
for the deficiency or cluster of deficiencies. The department or	126116
agency may act under either division (A)(1) or (2) of this	126117
section:	126118

(1) The department or agency may impose one or more of the	126119
following remedies:	126120

(a) Issue an order terminating the nursing facility's	126121
participation in the ~~medical assistance~~medicaid program.	126122

(b) Do either of the following:

126123

(i) Regardless of whether the provider consents, appoint a	126124
temporary manager of the facility.	126125

(ii) Apply to the common pleas court of the county in which	126126
the facility is located for such injunctive or other equitable	126127
relief as is necessary for the appointment of a special master	126128
with such powers and authority over the facility and length of	126129
appointment as the court considers necessary.	126130

126131

(i) Issue an order denying ~~payment~~medicaid payments to the	126132
facility ~~under the medical assistance program~~ for all medicaid	126133
eligible residents admitted after the effective date of the order;	126134

(ii) Impose a fine.

126135

(d) Issue an order denying ~~payment~~medicaid payments to the	126136
facility ~~under the medical assistance program~~ for medicaid	126137
eligible residents admitted after the effective date of the order	126138
who have certain diagnoses or special care needs specified by the	126139
department or agency.	126140

(2) The department or agency may impose one or more of the	126141
following remedies:	126142

(a) Appoint, subject to the continuing consent of the	126143
provider, a temporary manager of the facility;	126144

(b) Do either of the following:

126145

(i) Regardless of whether the provider consents, appoint a	126146
temporary manager of the facility;	126147

(ii) Apply to the common pleas court of the county in which	126148
the facility is located for such injunctive or other equitable	126149
relief as is necessary for the appointment of a special master	126150
with such powers and authority over the facility and length of	126151
appointment as the court considers necessary.	126152

126153

(i) Issue an order denying ~~payment~~medicaid payments to the	126154
facility ~~under the medical assistance program~~ for all medicaid	126155
eligible residents admitted after the effective date of the order;	126156

(ii) Impose a fine.

126157

(d) Issue an order denying ~~payment~~medicaid payments to the	126158
facility ~~under the medical assistance program~~ for medicaid	126159
eligible residents admitted after the effective date of the order	126160
who have certain diagnoses or special care needs specified by the	126161
department or agency;	126162

(e) Issue an order requiring the facility to correct the	126163
deficiency or cluster of deficiencies under the plan of correction	126164
submitted by the facility and approved by the department of health	126165
under section ~~5111.43~~5165.69 of the Revised Code.	126166

(B) The department of ~~job and family services~~medicaid or	126167
contracting agency shall deliver a written order issued under	126168
division (A)(1) of this section terminating a nursing facility's	126169
participation in the ~~medical assistance~~medicaid program to the	126170
facility within five days after the exit interview. If the	126171
facility alleges, at any time prior to the later of the twentieth	126172
day after the exit interview or the fifteenth day after it	126173
receives the order, that the deficiency or cluster of deficiencies	126174
for which the order was issued has been substantially corrected,	126175
the department of health shall conduct a follow-up survey to	126176
determine whether the deficiency or cluster of deficiencies has	126177
been substantially corrected. The order shall take effect and the	126178
facility's participation shall terminate on the twentieth day	126179
after the exit interview, unless the facility has substantially	126180
corrected the deficiency or cluster of deficiencies that	126181
constituted a severity level four finding or did not receive	126182
notice from the department of ~~job and family services~~medicaid or	126183
contracting agency within five days after the exit interview. In	126184
the latter case, the order shall take effect and the facility's	126185
participation shall terminate on the fifteenth day after the	126186
facility received the order.	126187

(C) If the department of health cites a deficiency or cluster	126188
of deficiencies pursuant to division (E) of section ~~5111.41~~	126189
5165.66 of the Revised Code that constituted a severity level four	126190
finding, the department of ~~job and family services~~medicaid or a	126191
contracting agency shall, subject to section ~~5111.56~~5165.83 of	126192
the Revised Code, impose a fine. The fine shall be in effect for a	126193
period equal to the number of days the deficiency or cluster of	126194
deficiencies existed at the facility.	126195

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	126196
deficiency, or cluster of deficiencies, that was not substantially	126197
corrected before a survey and constitutes a severity level three	126198
and scope level three or four finding, the department of ~~job and~~	126199
~~family services~~medicaid or a contracting agency may, subject to	126200
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	126201
impose one or more of the following remedies:	126202

(A) Do either of the following:

126203

(1) Issue an order denying ~~payment~~medicaid payments to the	126204
facility ~~under the medical assistance program~~ for all medicaid	126205
eligible residents admitted after the effective date of the order;	126206

(2) Impose a fine.

126207

(B) Issue an order denying ~~payment~~medicaid payments to the	126208
facility ~~under the medical assistance program~~ for medicaid	126209
eligible residents admitted after the effective date of the order	126210
who have certain diagnoses or special care needs specified by the	126211
department or agency;	126212

(C) Issue an order requiring the facility to correct the	126213
deficiency or cluster of deficiencies under the plan of correction	126214
submitted by the facility and approved by the department of health	126215
under section ~~5111.43~~5165.69 of the Revised Code.	126216

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	126217
a deficiency, or cluster of deficiencies, that was not	126218
substantially corrected before a survey and constitutes a severity	126219
level three and scope level two finding, the department of ~~job and~~	126220
~~family services~~medicaid or a contracting agency may, subject to	126221
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	126222
impose one or more of the following remedies:	126223

(1) Do either of the following:

126224

(a) Issue an order denying ~~payment~~medicaid payments to the	126225
facility ~~under the medical assistance program~~ for all medicaid	126226
eligible residents admitted after the effective date of the order;	126227

(b) Impose a fine.

126228

(2) Issue an order denying ~~payment~~medicaid payments to the	126229
facility ~~under the medical assistance program~~ for medicaid	126230
eligible residents admitted after the effective date of the order	126231
who have certain diagnoses or special care needs specified by the	126232
department or agency;	126233

(3) Issue an order requiring the facility to correct the	126234
deficiency or cluster of deficiencies under the plan of correction	126235
proposed by the facility and approved by the department of health	126236
under section ~~5111.43~~5165.69 of the Revised Code.	126237

(B) If the department of health cites a deficiency, or	126238
cluster of deficiencies, that was not substantially corrected	126239
before a survey and constitutes a severity level three and scope	126240
level one finding, the department of ~~job and family services~~	126241
medicaid or a contracting agency may, subject to sections ~~5111.55~~	126242
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	126243
more of the following remedies:	126244

(1) Impose a fine;

126245

(2) Issue an order denying ~~payment~~medicaid payments to the	126246
facility ~~under the medical assistance program~~ for medicaid	126247
eligible residents admitted after the effective date of the order	126248
who have certain diagnoses or special care needs specified by the	126249
department or agency;	126250

(3) Issue an order requiring the facility to correct the	126251
deficiency or cluster of deficiencies under the plan of correction	126252
proposed by the facility and approved by the department of health	126253
under section ~~5111.43~~5165.69 of the Revised Code.	126254

(C) If the department of health cites a deficiency, or	126255
cluster of deficiencies, that was not substantially corrected	126256
before a survey and constitutes a severity level two and a scope	126257
level three or four finding, the department of ~~job and family~~	126258
~~services~~medicaid or a contracting agency may, subject to sections	126259
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	126260
one or more of the following remedies:	126261

(1) Impose a fine;

126262

(2) Issue an order denying ~~payment~~medicaid payments to the	126263
facility ~~under the medical assistance program~~ for medicaid	126264
eligible residents admitted after the effective date of the order	126265
who have certain diagnoses or special care needs specified by the	126266
department or agency;	126267

(3) Issue an order requiring the facility to correct the	126268
deficiency or cluster of deficiencies under the plan of correction	126269
submitted by the facility and approved by the department of health	126270
under section ~~5111.43~~5165.69 of the Revised Code.	126271

(D) If the department of health cites a deficiency, or	126272
cluster of deficiencies, that was not substantially corrected	126273
before a survey, constitutes a severity level two and scope level	126274
one or two finding, and is a repeat finding, the department of ~~job~~	126275
~~and family services~~medicaid or a contracting agency may issue an	126276
order requiring the facility to correct the deficiency or cluster	126277
of deficiencies under the plan of correction submitted by the	126278
facility and approved by the department of health under section	126279
~~5111.43~~5165.69 of the Revised Code.	126280

(E) If the department of health cites a deficiency, or	126281
cluster of deficiencies, that was not substantially corrected	126282
before a survey and constitutes a severity level one and scope	126283
level three or four finding, the department of ~~job and family~~	126284
~~services~~medicaid or a contracting agency may issue an order	126285
requiring the facility to correct the deficiency or cluster of	126286
deficiencies under the plan of correction submitted by the	126287
facility and approved by the department of health under section	126288
~~5111.43~~5165.69 of the Revised Code.	126289

(F) If the department of health cites a deficiency, or	126290
cluster of deficiencies, that was not substantially corrected	126291
before a survey, constitutes a severity level one and scope level	126292
two finding, and is a repeat finding, the department of ~~job and~~	126293
~~family services~~medicaid or a contracting agency may issue an	126294
order requiring the facility to correct the deficiency or cluster	126295
of deficiencies under the plan of correction submitted by the	126296
facility and approved by the department of health under section	126297
~~5111.43~~5165.69 of the Revised Code.	126298

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	126299
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	126300
5165.74 of the Revised Code, including whether a fine should be	126301
imposed, the department of ~~job and family services~~medicaid or a	126302
contracting agency shall do both of the following:	126303

(1) Impose the remedies that are most likely to achieve	126304
correction of deficiencies, encourage sustained compliance with	126305
certification requirements, and protect the health, safety, and	126306
rights of facility residents, but that are not directed at	126307
punishment of the facility;	126308

(2) Consider all of the following:

126309

(a) The presence or absence of immediate jeopardy;

126310

(b) The relationships of groups of deficiencies to each	126311
other;	126312

(c) The facility's history of compliance with certification	126313
requirements generally and in the specific area of the deficiency	126314
or deficiencies;	126315

(d) Whether the deficiency or deficiencies are directly	126316
related to resident care;	126317

(e) The corrective, long-term compliance, resident	126318
protective, and nonpunitive outcomes sought by the department or	126319
agency;	126320

(f) The nature, scope, and duration of the noncompliance with	126321
certification requirements;	126322

(g) The existence of repeat deficiencies;

126323

(h) The category of certification requirements with which the	126324
facility is out of compliance;	126325

(i) Any period of noncompliance with certification	126326
requirements that occurred between two certifications by the	126327
department of health that the facility was in compliance with	126328
certification requirements;	126329

(j) The facility's degree of culpability;

126330

(k) The accuracy, extent, and availability of facility	126331
records;	126332

(l) The facility's financial condition, exclusive of any	126333
moneys donated to a facility that is an organization described in	126334
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	126335
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	126336
1;	126337

(m) Any adverse effect that the action or fine would have on	126338
the health and safety of facility residents;	126339

(n) If the noncompliance that resulted in the citation of a	126340
deficiency or cluster of deficiencies existed before a change in	126341
ownership of the facility, whether the new owner or owners have	126342
had sufficient time to correct the noncompliance.	126343

(B) Whenever the department or agency imposes remedies under	126344
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126345
the Revised Code, it shall provide a written statement to the	126346
nursing facility that specifies all of the following:	126347

(1) The effective date of each remedy;

126348

(2) The deficiency or cluster of deficiencies for which each	126349
remedy is imposed;	126350

(3) The severity and scope of the deficiency or cluster of	126351
deficiencies;	126352

(4) The rationale, including all applicable factors specified	126353
in division (A) of this section, for imposing the remedies.	126354

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	126355
~~family services~~medicaid or a contracting agency, under section	126356
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	126357
Revised Code, issues an order terminating a nursing facility's	126358
participation in the ~~medical assistance~~medicaid program, the	126359
department or agency may also impose a fine, in accordance with	126360
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	126361
the Revised Code, to be collected in the event the termination	126362
order does not take effect. The department or agency shall not	126363
collect this fine if the termination order takes effect.	126364

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	126365
during a survey that an emergency exists at a nursing facility, as	126366
the result of a deficiency or cluster of deficiencies that creates	126367
immediate jeopardy, the department of ~~job and family services~~	126368
medicaid or a contracting agency shall impose one or more of the	126369
remedies described in division (A)(1) of this section and, in	126370
addition, may take one or both of the actions described in	126371
division (A)(2) of this section.	126372

(1) The department or agency shall impose one or more of the	126373
following remedies:	126374

(a) Appoint, subject to the continuing consent of the	126375
provider, a temporary manager of the facility;	126376

(b) Apply to the common pleas court of the county in which	126377
the facility is located for a temporary restraining order,	126378
preliminary injunction, or such other injunctive or equitable	126379
relief as is necessary to close the facility, transfer one or more	126380
residents to other nursing facilities or other appropriate care	126381
settings, or otherwise eliminate the condition of immediate	126382
jeopardy. If the court grants such an order, injunction, or	126383
relief, it may appoint a special master empowered to implement the	126384
court's judgment under the court's direct supervision.	126385

(c) Issue an order terminating the facility's participation	126386
in the ~~medical assistance~~medicaid program;	126387

(d) Regardless of whether the provider consents, appoint a	126388
temporary manager of the facility.	126389

(2) The department or agency may do one or both of the	126390
following:	126391

(a) Issue an order denying ~~payment~~medicaid payments to the	126392
facility for all medicaid eligible residents admitted after the	126393
effective date of the order;	126394

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	126395
5165.74 of the Revised Code appropriate to the severity and scope	126396
of the deficiency or cluster of deficiencies, except that the	126397
department or agency shall not impose a fine for the same	126398
deficiency for which the department or agency has issued an order	126399
under division (A)(2)(a) of this section.	126400

(B) If the department of health, department of ~~job and family~~	126401
~~services~~medicaid, or a contracting agency finds on the basis of a	126402
survey or other visit to the facility by representatives of that	126403
department or agency that an emergency exists at a facility that	126404
is not the result of a deficiency or cluster of deficiencies that	126405
constitutes immediate jeopardy, the department of ~~job and family~~	126406
~~services~~medicaid or contracting agency may do either of the	126407
following:	126408

(1) Appoint, subject to the continuing consent of the	126409
provider, a temporary manager of the facility;	126410

(2) Apply to the common pleas court of the county in which	126411
the facility is located for a temporary restraining order,	126412
preliminary injunction, or such other injunctive or equitable	126413
relief as is necessary to close the facility, transfer one or more	126414
residents to other nursing facilities or other appropriate care	126415
settings, or otherwise eliminate the emergency. If the court	126416
grants such an order, injunction, or relief, it may appoint a	126417
special master empowered to implement the court's judgment under	126418
the court's direct supervision.	126419

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	126420
(2), or (B)(2) of this section, the department of ~~job and family~~	126421
~~services~~medicaid or contracting agency shall give written notice	126422
to the facility specifying all of the following:	126423

(a) The nature of the emergency, including the nature of any	126424
deficiency or deficiencies that caused the emergency;	126425

(b) The nature of the action the department or agency intends	126426
to take unless the department of health determines that the	126427
facility, in the absence of state intervention, possesses the	126428
capacity to eliminate the emergency;	126429

126430

(2) If the department of health determines that the facility	126431
does not possess the capacity to eliminate the emergency in the	126432
absence of state intervention, the department of ~~job and family~~	126433
~~services~~medicaid or contracting agency may immediately take	126434
action under division (A) or (B) of this section. If the	126435
department of health determines that the facility possesses the	126436
capacity to eliminate the emergency, the department of ~~job and~~	126437
~~family services~~medicaid or contracting agency shall direct the	126438
facility to eliminate the emergency within five days after the	126439
facility's receipt of the notice. At the end of the five-day	126440
period, the department of health shall conduct a follow-up survey	126441
that focuses on the emergency. If the department of health	126442
determines that the facility has eliminated the emergency within	126443
the time period, the department of ~~job and family services~~	126444
medicaid or contracting agency shall not act under division	126445
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	126446
department of health determines that the facility has failed to	126447
eliminate the emergency within the five-day period, the department	126448
of ~~job and family services~~medicaid or contracting agency shall	126449
take appropriate action under division (A)(1)(b), (c), (d), or	126450
(2), or (B)(2) of this section.	126451

(3) Until the written notice required by division (C)(1) of	126452
this section is actually delivered, no action taken by the	126453
department of ~~job and family services~~medicaid or contracting	126454
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	126455
this section shall have any legal effect. In addition to the	126456
written notice, the department of health survey team shall give	126457
oral notice to the facility, at the time of the survey, concerning	126458
any recommendations the survey team intends to make that could	126459
form the basis of a determination that an emergency exists.	126460

(D) The department of ~~job and family services~~medicaid or	126461
contracting agency shall deliver a written order issued under	126462
division (A)(1) of this section terminating a nursing facility's	126463
participation in the ~~medical assistance~~medicaid program to the	126464
facility within five days after the exit interview. If the	126465
facility alleges, at any time prior to the later of the twentieth	126466
day after the exit interview or the fifteenth day after it	126467
receives the order, that the condition of immediate jeopardy for	126468
which the order was issued has been eliminated, the department of	126469
health shall conduct a follow-up survey to determine whether the	126470
immediate jeopardy has been eliminated. The order shall take	126471
effect and the facility's participation shall terminate on the	126472
twentieth day after the exit interview, unless the facility has	126473
eliminated the immediate jeopardy or did not receive notice from	126474
the department of ~~job and family services~~medicaid or contracting	126475
agency within five days after the exit interview. In the latter	126476
case, the order shall take effect and the facility's participation	126477
shall terminate on the fifteenth day after the facility received	126478
the order.	126479

(E) Any action taken by the department of ~~job and family~~	126480
~~services~~medicaid or a contracting agency under division	126481
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	126482
under Chapter 119. of the Revised Code, except that the department	126483
or agency may take such action prior to and during the pendency of	126484
any proceeding under that chapter. No action taken by a facility	126485
under division (C) of this section to eliminate an emergency cited	126486
by the department of health shall be considered an admission by	126487
the facility of the existence of an emergency.	126488

Sec. 5165.771. (A) As used in this section:

126489

"SFF list" means the list of nursing facilities that the	126490
United States department of health and human services creates	126491
under the special focus facility program.	126492

"Special focus facility program" means the program conducted	126493
by the United States secretary of health and human services	126494
pursuant to the "Social Security Act," section 1919(f)(10), 42	126495
U.S.C. 1396r(f)(10).	126496

"Table A" means the table included in the SFF list that	126497
identifies nursing facilities that are newly added to the SFF	126498
list.	126499

"Table B" means the table included in the SFF list that	126500
identifies nursing facilities that have not improved.	126501

"Table C" means the table included in the SFF list that	126502
identifies nursing facilities that have shown improvement.	126503

"Table D" means the table included in the SFF list that	126504
identifies nursing facilities that have recently graduated from	126505
the special focus facility program.	126506

(B) The department of medicaid may issue an order terminating	126507
a nursing facility's participation in the medicaid program if any	126508
of the following apply:	126509

(1) The nursing facility is listed in table A or table B on	126510
the effective date of this section and fails to be placed in table	126511
C not later than eighteen months after the effective date of this	126512
section;	126513

(2) The nursing facility is listed in table A, table B, or	126514
table C on the effective date of this section and fails to be	126515
placed in table D not later than thirty months after the effective	126516
date of this section;	126517

(3) The nursing facility is placed in table A after the	126518
effective date of this section and fails to be placed in table C	126519
not later than eighteen months after the nursing facility is	126520
placed in table A;	126521

(4) The nursing facility is placed in table A after the	126522
effective date of this section and fails to be placed in table D	126523
not later than thirty months after the nursing facility is placed	126524
in table A.	126525

(C) An order issued under this section is subject to appeal	126526
under Chapter 119. of the Revised Code.	126527

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	126528
~~family services~~medicaid determines that a nursing facility is	126529
experiencing or is likely to experience a serious financial loss	126530
or failure that jeopardizes or is likely to jeopardize the health,	126531
safety, and welfare of its residents, the department, subject to	126532
the provider's consent, may appoint a temporary resident safety	126533
assurance manager in the nursing facility to take actions the	126534
department determines are appropriate to ensure the health,	126535
safety, and welfare of the residents.	126536

(B) A temporary resident safety assurance manager appointed	126537
under this section is vested with the authority necessary to take	126538
actions the department of ~~job and family services~~medicaid	126539
determines are appropriate to ensure the health, safety, and	126540
welfare of the residents.	126541

(C) A temporary resident safety assurance manager appointed	126542
under this section may use any of the following funds to pay for	126543
costs the manager incurs on behalf of the nursing facility:	126544

(1) Medicaid payments made in accordance with the provider	126545
agreement for the nursing facility;	126546

(2) Funds from the residents protection fund that the	126547
department provides the manager under section ~~5111.62~~5162.66 of	126548
the Revised Code;	126549

(3) Other funds the department determines are appropriate if	126550
such use of the funds is consistent with the appropriations that	126551
authorize the use of the funds and all other state and federal	126552
laws governing the use of the funds.	126553

(D) The provider is liable to the department for the amount	126554
of any payments the department makes to the temporary resident	126555
safety assurance manager, other than payments specified in	126556
division (C)(1) of this section. The department may recover the	126557
amount the provider owes the department by doing any of the	126558
following:	126559

(1) Offsetting medicaid payments made to the provider in	126560
accordance with the provider agreement;	126561

(2) Placing a lien on any of the provider's real and personal	126562
property;	126563

(3) Initiating other collection actions.

126564

(E) No action the department takes under this section is	126565
subject to appeal under Chapter 119. of the Revised Code.	126566

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	126567
5165.61 of the Revised Code, the medicaid director ~~of job and~~	126568
~~family services~~ may establish all of the following:	126569

(1) Qualifications persons must meet to be appointed	126570
temporary resident safety assurance managers under this section;	126571

(2) Procedures for maintaining a list of qualified temporary	126572
resident safety assurance managers;	126573

(3) Procedures consistent with federal law for paying for the	126574
services of temporary resident safety assurance managers;	126575

(4) Accounting and reporting requirements for temporary	126576
resident safety assurance managers;	126577

(5) Other procedures and requirements the director determines	126578
are necessary to implement this section.	126579

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	126580
"terminating" includes not renewing.	126581

(B) A nursing facility's participation in the ~~medical~~	126582
~~assistance~~medicaid program shall be terminated under sections	126583
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	126584
follows:	126585

(1) If the department of ~~job and family services~~medicaid is	126586
terminating the facility's participation, it shall issue an order	126587
terminating the facility's provider agreement.	126588

(2) If the department of health, acting as a contracting	126589
agency, is terminating the facility's participation, it shall	126590
issue an order terminating certification of the facility's	126591
compliance with certification requirements. When the department of	126592
health terminates certification, the department of ~~job and family~~	126593
~~services~~medicaid shall terminate the facility's provider	126594
agreement. The department of ~~job and family services~~medicaid is	126595
not required to provide an adjudication hearing when it terminates	126596
a provider agreement following termination of certification by the	126597
department of health.	126598

(3) If a state agency other than the department of health,	126599
acting as a contracting agency, is terminating the facility's	126600
participation, it shall notify the department of ~~job and family~~	126601
~~services~~medicaid, and the department of ~~job and family services~~	126602
medicaid shall issue an order terminating the facility's provider	126603
agreement. The contracting agency shall conduct any administrative	126604
proceedings concerning the order.	126605

(C) If the following conditions are met, the department of	126606
~~job and family services~~medicaid may make ~~medical assistance~~	126607
medicaid payments to a nursing facility for a period not exceeding	126608
thirty days after the effective date of termination under sections	126609
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	126610
facility's participation in the ~~medical assistance~~medicaid	126611
program:	126612

(1) The payments are for medicaid eligible residents admitted	126613
to the facility prior to the effective date of the termination;	126614

(2) The provider is making reasonable efforts to transfer	126615
medicaid eligible residents to other care settings.	126616

The period during which payments may be made under this	126617
division begins on the later of the effective date of the	126618
termination or, if the facility has appealed a termination order,	126619
the date of issuance of the adjudication order upholding	126620
termination.	126621

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	126622
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126623
Revised Code, the department of ~~job and family services~~medicaid	126624
or contracting agency shall arrange for the safe and orderly	126625
transfer of all residents, including residents who are not	126626
medicaid eligible residents, to other appropriate care settings.	126627
Whenever a nursing facility's participation in the ~~medical~~	126628
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	126629
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	126630
agency shall arrange for the safe and orderly transfer of all	126631
medicaid eligible residents or, if the termination results in the	126632
closure of the facility, of all residents. The provider and all	126633
persons involved in the facility's operation shall cooperate with	126634
and assist in the transfer of residents.	126635

(B) After a nursing facility's participation in the ~~medical~~	126636
~~assistance~~medicaid program is terminated under section ~~5111.45~~	126637
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	126638
5165.85 of the Revised Code, the department of ~~job and family~~	126639
~~services~~medicaid or contracting agency may appoint a temporary	126640
manager subject to the continuing consent of the provider, or may	126641
apply to the common pleas court of the county in which the	126642
facility is located for such injunctive relief as is necessary for	126643
the appointment of a special master, to ensure the transfer of	126644
medicaid eligible residents to other appropriate care settings	126645
and, if applicable, the orderly closure of the facility.	126646

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	126647
facility appointed by the department of ~~job and family services~~	126648
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	126649
~~5111.62~~5165.89 of the Revised Code shall meet all of the	126650
following qualifications:	126651

(1) Be licensed as a nursing home administrator under Chapter	126652
4751. of the Revised Code;	126653

(2) Have demonstrated competence as a nursing home	126654
administrator;	126655

(3) Have had no disciplinary action taken against the	126656
temporary manager by any licensing board or professional society	126657
in this state.	126658

(B) The salary of a temporary manager or special master	126659
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126660
Revised Code shall be paid by the facility and set by the	126661
department of ~~job and family services~~medicaid or contracting	126662
agency, in the case of a temporary manager, or by the court, in	126663
the case of a special master, at a rate not to exceed the maximum	126664
allowable compensation for an administrator under the ~~medical~~	126665
~~assistance~~medicaid program. The extent to which this compensation	126666
is allowable under the ~~medical assistance~~medicaid program is	126667
subject to and limited by this chapter and rules ~~of the department~~	126668
adopted under section 5165.02 of the Revised Code.	126669

Subject to division (C) of this section, any costs incurred	126670
on behalf of a nursing facility by a temporary manager or special	126671
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	126672
of the Revised Code shall be paid by the facility. The	126673
allowability of these costs under the ~~medical assistance~~medicaid	126674
program shall be subject to and governed by this chapter and ~~the~~	126675
rules ~~of the department~~adopted under section 5165.02 of the	126676
Revised Code. This division does not prohibit a facility from	126677
applying for or receiving any waiver of cost ceilings available	126678
under the rules ~~of the department~~.	126679

(C) No temporary manager or special master appointed under	126680
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	126681
shall enter into any employment contract on behalf of a facility,	126682
or purchase any capital goods using facility funds totaling more	126683
than ten thousand dollars, unless the temporary manager or special	126684
master has obtained prior approval for the contract or purchase	126685
from either the provider or the court.	126686

(D)(1) A temporary manager appointed for a nursing facility	126687
under section ~~5111.46~~5165.72 of the Revised Code is hereby	126688
vested, subject to division (C) of this section, with the legal	126689
authority necessary to correct any deficiency or cluster of	126690
deficiencies at a facility, bring the facility into compliance	126691
with certification requirements, and otherwise ensure the health	126692
and safety of the residents.	126693

(2) A temporary manager appointed under section ~~5111.51~~	126694
5165.77 of the Revised Code is hereby vested, subject to division	126695
(C) of this section, with the authority necessary to eliminate the	126696
emergency, bring the facility into compliance with certification	126697
requirements, and otherwise ensure the health and safety of the	126698
residents.	126699

(3) A temporary manager appointed under section ~~5111.53~~	126700
5165.80 of the Revised Code is hereby vested, subject to division	126701
(C) of this section, with the authority necessary to ensure the	126702
transfer of medicaid eligible residents to other appropriate care	126703
settings and, if applicable, the orderly closure of the facility,	126704
and to otherwise ensure the health and safety of the residents.	126705

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	126706
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	126707
manager or apply for a special master, the department of ~~job and~~	126708
~~family services~~medicaid or contracting agency shall order the	126709
facility to substantially correct the deficiency or deficiencies	126710
within five days after receiving the statement and inform the	126711
facility, in the statement it provides pursuant to division (B) of	126712
section ~~5111.49~~5165.75 of the Revised Code, of the order and	126713
that it will not take that action unless the facility fails to	126714
substantially correct the deficiency or deficiencies within that	126715
five-day period. At the end of the five-day period, the department	126716
of health shall conduct a follow-up survey that focuses on the	126717
deficiency or deficiencies. If the department of health determines	126718
that the facility has substantially corrected the deficiency or	126719
deficiencies within that time, the department of ~~job and family~~	126720
~~services~~medicaid or contracting agency shall not appoint a	126721
temporary manager or apply for a special master. If the department	126722
of health determines that the facility has failed to substantially	126723
correct the deficiency or deficiencies within that time, the	126724
department of ~~job and family services~~medicaid or contracting	126725
agency may proceed with appointment of the temporary manager or	126726
application for a special master. Until the statement required	126727
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	126728
is actually delivered, no action taken by the department or agency	126729
to appoint a temporary manager or apply for a temporary manager	126730
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	126731
the Revised Code shall have any legal effect. No action taken by a	126732
facility under this division to substantially correct a deficiency	126733
or deficiencies shall be considered an admission by the facility	126734
of the existence of a deficiency or deficiencies.	126735

(F) Appointment of a temporary manager under division	126736
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	126737
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	126738
expire at the end of the seventh day following the appointment. If	126739
the department of ~~job and family services~~medicaid or contracting	126740
agency finds that the deficiency or deficiencies that prompted the	126741
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	126742
5165.72 of the Revised Code cannot be substantially corrected, or	126743
the condition of immediate jeopardy that prompted the appointment	126744
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	126745
Code cannot be eliminated, prior to the expiration of the	126746
appointment, it may take one of the following actions:	126747

(1) Appoint, subject to the continuing consent of the	126748
provider, a temporary manager for the facility;	126749

(2) Apply to the common pleas court of the county in which	126750
the facility is located for an order appointing a special master	126751
who, under the authority and direct supervision of the court and	126752
subject to divisions (B) and (C) of this section, may take such	126753
additional actions as are necessary to correct the deficiency or	126754
deficiencies or eliminate the condition of immediate jeopardy and	126755
bring the facility into compliance with certification	126756
requirements.	126757

(G) The court, on finding that the deficiency or deficiencies	126758
for which a special master was appointed under division (F)(2) of	126759
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	126760
5165.72 of the Revised Code has been substantially corrected, or	126761
the emergency for which a special master was appointed under	126762
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	126763
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	126764
that the facility has been brought into compliance with	126765
certification requirements, and that the provider has established	126766
the management capability to ensure continued compliance with the	126767
certification requirements, shall immediately terminate its	126768
jurisdiction over the facility and return control and management	126769
of the facility to the provider. If the deficiency or deficiencies	126770
cannot be substantially corrected, or the emergency cannot be	126771
eliminated practicably within a reasonable time following	126772
appointment of the special master, the court may order the special	126773
master to close the facility and transfer all residents to other	126774
nursing facilities or other appropriate care settings.	126775

(H) This section does not apply to temporary resident safety	126776
assurance managers appointed under section ~~5111.511~~5165.78 of the	126777
Revised Code.	126778

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	126779
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	126780
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	126781
medicaid payments to a nursing facility for all medicaid eligible	126782
residents admitted after its effective date, or an order issued	126783
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	126784
of the Revised Code denying ~~payment~~medicaid payments to a	126785
nursing facility for medicaid eligible residents admitted after	126786
the effective date of the order who have specified diagnoses or	126787
special care needs, shall also apply to individuals admitted to	126788
the facility on and after the effective date of the order who are	126789
not medicaid eligible residents but become medicaid eligible	126790
residents after admission. Such an order shall not apply to any of	126791
the following:	126792

(1) An individual who was a medicaid eligible resident of the	126793
facility on the day immediately preceding the effective date of	126794
the order and continues to be a medicaid eligible resident on and	126795
after that date;	126796

(2) An individual who was a resident of the facility on the	126797
day immediately preceding the effective date of the order,	126798
continues to be a resident on and after that date, and becomes	126799
medicaid eligible on or after that date;	126800

(3) An individual who was a medicaid eligible resident of the	126801
facility prior to the effective date of the order, is temporarily	126802
absent from the facility on that or a subsequent date due to	126803
hospitalization or participation in therapeutic programs outside	126804
the facility, and chooses to return to the facility;	126805

(4) An individual who was a resident of the facility prior to	126806
the effective date of the order, is temporarily absent from the	126807
facility on that or a subsequent date due to hospitalization or	126808
participation in therapeutic programs outside the facility,	126809
becomes medicaid eligible on or after that date, and chooses to	126810
return to the facility.	126811

(B) An order issued under section ~~5111.46~~5165.72 of the	126812
Revised Code denying ~~payment~~medicaid payments to a nursing	126813
facility for all medicaid eligible residents admitted after its	126814
effective date, or denying ~~payment~~medicaid payments to a facility	126815
for medicaid eligible residents admitted after the effective date	126816
of the order who have specified diagnoses or special care needs	126817
shall not take effect prior to the fifth day after the order is	126818
delivered to the facility. Such an order issued under section	126819
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	126820
take effect prior to the twentieth day after it is delivered to	126821
the facility.	126822

(C) No nursing facility that has received an order under	126823
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	126824
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	126825
medicaid payments for all new admissions of medicaid eligible	126826
residents shall admit a medicaid eligible resident on or after the	126827
effective date of the order, unless the resident is described in	126828
division (A)(3) or (4) of this section, until the order is	126829
terminated pursuant to this section. No nursing facility that has	126830
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	126831
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	126832
payments to a nursing facility for new admissions of medicaid	126833
eligible residents with specified diagnoses or special care needs	126834
shall admit such a resident on or after the effective date of the	126835
order, unless the resident is described in division (A)(3) or (4)	126836
of this section, until the order is terminated pursuant to this	126837
section.	126838

(D) In the case of an order imposed under division (B) of	126839
section ~~5111.57~~5165.84 of the Revised Code, the department or	126840
agency shall appoint monitors in accordance with section ~~5111.44~~	126841
5165.70 of the Revised Code to conduct on-site monitoring.	126842

(E)(1) A facility may give written notice to the department	126843
of health whenever any of the following apply:	126844

(a) With respect to an order denying payment issued under	126845
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126846
the Revised Code, either of the following is the case:	126847

(i) The facility has completed implementation of the plan of	126848
correction it submitted under section ~~5111.43~~5165.69 of the	126849
Revised Code and substantially corrected all deficiencies for	126850
which the order was issued.	126851

(ii) The facility has reduced the severity or scope of all of	126852
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	126853
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	126854

(b) With respect to an order denying payment issued under	126855
section ~~5111.51~~5165.77 of the Revised Code, the facility has	126856
eliminated the immediate jeopardy.	126857

(c) With respect to an order denying ~~payment~~medicaid	126858
payments issued under division (A) of section ~~5111.57~~5165.84 of	126859
the Revised Code, the facility has completed implementation of the	126860
plan of correction it submitted under section ~~5111.43~~5165.69 of	126861
the Revised Code and substantially corrected all deficiencies for	126862
which the order was issued.	126863

(d) With respect to an order denying ~~payment~~medicaid	126864
payments issued under division (B) of section ~~5111.57~~5165.84 of	126865
the Revised Code, both of the following are the case:	126866

(i) The facility has completed implementation of the plan of	126867
correction it submitted under section ~~5111.43~~5165.69 of the	126868
Revised Code and substantially corrected all deficiencies for	126869
which the order was issued.	126870

(ii) The facility is in compliance with certification	126871
requirements and has provided adequate assurance that it will	126872
remain in compliance with them.	126873

(2) Within ten working days after it receives the notice	126874
under division (E)(1) of this section, the department of health	126875
shall conduct a follow-up survey that focuses on the cited	126876
deficiency or deficiencies, unless the department is able to	126877
determine, on the basis of documentation provided by the facility,	126878
that the facility has completed the applicable action described in	126879
divisions (E)(1)(a) to (d) of this section. If the department of	126880
health makes that determination on the basis of the documentation,	126881
the department of ~~job and family services~~medicaid or contracting	126882
agency shall terminate the order denying ~~payment~~medicaid payments	126883
as of the date the facility completed the applicable action, as	126884
subsequently verified by the department of health. If the	126885
department of health conducts a follow-up survey, the department	126886
of ~~job and family services~~medicaid or contracting agency shall	126887
terminate the order denying ~~payment~~medicaid payments as of the	126888
date the department of health makes the determination that the	126889
facility completed the applicable action.	126890

(F) The department of ~~job and family services~~medicaid or	126891
contracting agency shall provide public notice implementing an	126892
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	126893
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	126894
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	126895
~~medical assistance program~~ for all medicaid eligible residents by	126896
publishing in a newspaper of general circulation in the county in	126897
which the facility is located an announcement stating: "By order	126898
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	126899
name of contracting agency), effective on and after (effective	126900
date of order), (name of facility) is no longer authorized to	126901
admit Medicaid eligible residents." Immediately following	126902
termination of any such order, the department or agency shall	126903
publish in a newspaper of general circulation in the county in	126904
which the facility is located an announcement stating: "By order	126905
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	126906
name of contracting agency), effective on and after (effective	126907
date of termination), (name of facility) is hereby authorized to	126908
admit Medicaid eligible residents." Neither the department nor the	126909
contracting agency shall issue public notice of an order under	126910
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126911
the Revised Code denying payment to a nursing facility for	126912
medicaid eligible residents with specified diagnoses or special	126913
care needs; public notice is not required for such an order to	126914
take effect.	126915

(G) A facility that complies with division (E) of this	126916
section shall not be considered to have admitted to the existence	126917
of the deficiency that constitutes the basis of the department's	126918
or agency's order.	126919

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	126920
"certified beds" means beds certified under Title XVIII or Title	126921
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	126922
~~301, as amended~~.	126923

(B) If the department of ~~job and family services~~medicaid or	126924
a contracting agency imposes a fine on a nursing facility under	126925
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126926
the Revised Code, it may impose one or more of the following:	126927

(1) One hundred sixty per cent of the amount calculated under	126928
division (C) of this section for any deficiency or cluster of	126929
deficiencies that constitutes a severity level four and scope	126930
level four finding;	126931

(2) One hundred forty per cent of the amount calculated under	126932
division (C) of this section for any deficiency or cluster of	126933
deficiencies that constitutes a severity level four and scope	126934
level three finding;	126935

(3) One hundred twenty per cent of the amount calculated	126936
under division (C) of this section for any deficiency or cluster	126937
of deficiencies that constitutes a severity level four and scope	126938
level two finding;	126939

(4) The amount calculated under division (C) of this section	126940
for any deficiency or cluster of deficiencies that constitutes a	126941
severity level four and scope level one finding or any deficiency	126942
or cluster of deficiencies that constitutes a severity level three	126943
and scope level four finding;	126944

(5) Ninety per cent of the amount calculated under division	126945
(C) of this section for any deficiency or cluster of deficiencies	126946
that constitutes a severity level three and scope level three	126947
finding;	126948

(6) Eighty per cent of the amount calculated under division	126949
(C) of this section for any deficiency or cluster of deficiencies	126950
that constitutes a severity level three and scope level two	126951
finding;	126952

(7) Seventy per cent of the amount calculated under division	126953
(C) of this section for any deficiency or cluster of deficiencies	126954
that constitutes a severity level three and scope level one	126955
finding;	126956

(8) Fifty per cent of the amount calculated under division	126957
(C) of this section for any deficiency or cluster of deficiencies	126958
that constitutes a severity level two and scope level four	126959
finding;	126960

(9) Forty per cent of the amount calculated under division	126961
(C) of this section for any deficiency or cluster of deficiencies	126962
that constitutes a severity level two and scope level three	126963
finding.	126964

(C) The amount subject to division (B) of this section shall	126965
be the product of multiplying two dollars and fifty cents for each	126966
day the fine is in effect by the total number of licensed nursing	126967
home beds or certified beds, whichever is greater, in the facility	126968
as of the date the deficiency or cluster of deficiencies that is	126969
the reason for the fine was cited.	126970

(D)(1) The department of ~~job and family services~~medicaid or	126971
contracting agency shall not impose on a facility, at any one	126972
time, more than four fines as a result of any one survey.	126973

(2) The department of ~~job and family services~~medicaid or	126974
contracting agency shall not impose more than one fine based on a	126975
deficiency or cluster of deficiencies. However, if the department	126976
of health, in a follow-up or other subsequent survey, finds a	126977
change in the scope or severity of the deficiency or cluster of	126978
deficiencies, the department of ~~job and family services~~medicaid	126979
or contracting agency may increase or decrease the fine in	126980
accordance with division (B) of this section to reflect the change	126981
in scope or severity. The department or agency shall give the	126982
facility written notice of the change in the amount of the fine.	126983
The change shall take effect on the date the follow-up or other	126984
subsequent survey is completed.	126985

If the department of health finds that a deficiency is a	126986
repeat deficiency, the department of ~~job and family services~~	126987
medicaid or contracting agency may impose a fine that is one	126988
hundred per cent greater than the fine specified in division (B)	126989
of this section for the deficiency.	126990

(E) The total amount of fines the department of ~~job and~~	126991
~~family services~~medicaid or contracting agency may impose on a	126992
facility in a single calendar year shall not exceed five hundred	126993
dollars for each licensed nursing home bed or certified bed,	126994
whichever is greater in number, in the facility.	126995

(F)(1) Except as provided in division (F)(2) of this section,	126996
the department of ~~job and family services~~medicaid or contracting	126997
agency shall not impose a fine under section ~~5111.46~~5165.72,	126998
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	126999
deficiency or cluster of deficiencies is substantially corrected	127000
within twenty days after the nursing facility receives the	127001
statement provided under division (B) of section ~~5111.49~~5165.75	127002
of the Revised Code. The department or agency shall inform the	127003
nursing facility in that statement that the fine will not be	127004
imposed if the deficiency or cluster of deficiencies is	127005
substantially corrected within the twenty-day period.	127006

(2) If a nursing facility has substantially corrected a	127007
deficiency or cluster of deficiencies within six months after the	127008
exit interview of a survey that was the basis for citing a	127009
deficiency or cluster of deficiencies, but after correcting it has	127010
been cited for the same deficiency or cluster of deficiencies by	127011
the department of health on the basis of a subsequent survey	127012
conducted during the remainder of the six-month period, the	127013
department of ~~job and family services~~medicaid or contracting	127014
agency may impose a fine beginning on the date of the exit	127015
interview of the subsequent survey.	127016

(G) Whenever a facility believes that it has completed	127017
implementation of the plan of correction it submitted under	127018
section ~~5111.43~~5165.69 of the Revised Code and substantially	127019
corrected the cited deficiency or cluster of deficiencies that is	127020
the basis for a fine, it may give written notice to that effect to	127021
the department of health. After receiving the notice, the	127022
department shall conduct a follow-up survey of the facility that	127023
focuses on the deficiency or cluster, unless the department is	127024
able to determine, on the basis of documentation provided by the	127025
facility, that the facility has substantially corrected the	127026
deficiency or cluster. If, based on the follow-up survey, the	127027
department establishes that the facility had not completed	127028
implementation of the plan of correction at the time the	127029
department received the notice, any fine based on the deficiency	127030
or cluster shall be doubled effective from the date the department	127031
received the notice. A facility that complies with this division	127032
shall not be considered to have admitted the existence of the	127033
deficiency or cluster that is the basis for the fine.	127034

(H) Except for a fine imposed under division (C) of section	127035
~~5111.46~~5165.72 of the Revised Code and as provided in division	127036
(F)(2) of this section, the department of ~~job and family services~~	127037
medicaid or contracting agency shall impose a fine only if the	127038
facility fails to give notice under division (G) of this section	127039
within twenty days after it receives the statement required by	127040
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	127041
the department of health determines, based on a follow-up survey,	127042
that the deficiency or cluster of deficiencies for which the fine	127043
is proposed has not been substantially corrected within the	127044
twenty-day period. The fine shall be imposed effective on the	127045
twenty-first day after the facility receives the statement under	127046
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	127047
fine shall remain in effect until the earliest of the following:	127048

(1) The date the department of health receives notice under	127049
division (G) of this section, unless the department determines, on	127050
the basis of a follow-up survey, that the deficiency or cluster of	127051
deficiencies that is the basis for the fine has not been	127052
substantially corrected as of that date;	127053

(2) The date on which the department of health makes a	127054
determination, on the basis of a follow-up survey, that the	127055
deficiency or cluster of deficiencies has been substantially	127056
corrected;	127057

(3) The date the facility substantially corrected the	127058
deficiency or cluster, as subsequently determined by the	127059
department of health on the basis of documentation provided by the	127060
facility.	127061

(I) Any fine imposed by the department of ~~job and family~~	127062
~~services~~medicaid or contracting agency under this section is	127063
subject to appeal under Chapter 119. of the Revised Code. If the	127064
facility does not request a hearing under Chapter 119. of the	127065
Revised Code and either pays or agrees in writing to pay the fine	127066
when payment becomes due under division (J) of this section, the	127067
department or agency shall reduce the fine by fifty per cent. The	127068
department or agency may compromise any claim for payment of a	127069
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	127070
Revised Code.	127071

(J) The department of ~~job and family services~~medicaid or	127072
contracting agency shall collect interest on fines, at the rate	127073
per calendar month that equals one-twelfth of the rate per year	127074
prescribed by section 5703.47 of the Revised Code for the calendar	127075
year that includes the month for which the interest charge	127076
accrues. Payment of a fine is due, and interest begins to accrue	127077
on the unpaid fine or balance, on the thirty-first day after the	127078
department or agency issues a final adjudication order imposing	127079
the fine. If the deficiency or deficiencies on which the fine is	127080
based have not been corrected when the final adjudication order is	127081
issued, the payment is due, and interest begins to accrue on the	127082
unpaid fine or balance, on the thirty-first day after the	127083
deficiency or deficiencies are corrected and the department or	127084
agency mails a notice specifying the amount of the fine to the	127085
facility.	127086

(K) The department of ~~job and family services~~medicaid or	127087
contracting agency shall collect fines and interest imposed under	127088
this section through one of the following means:	127089

(1) A lump sum payment from the provider;

127090

(2) Periodic payments for a period not to exceed twelve	127091
months, in accordance with a schedule approved by the department	127092
or agency;	127093

(3) Appropriately reducing the amounts of medicaid payments	127094
made to the facility for ~~care~~nursing facility services provided	127095
to medicaid eligible residents for a period not to exceed twelve	127096
months following the date on which payment of the fine becomes due	127097
under division (J) of this section. An amount equal to the amount	127098
by which each payment is reduced shall be deposited to the credit	127099
of the residents protection fund in accordance with section	127100
~~5111.62~~5162.66 of the Revised Code.	127101

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	127102
~~services~~medicaid or a contracting agency shall issue an order	127103
denying ~~payment~~medicaid payments to a nursing facility for all	127104
medicaid eligible residents admitted to the facility on or after	127105
the effective date of the order, if the facility has failed to	127106
substantially correct within ninety days after the exit interview	127107
a deficiency or cluster of deficiencies in accordance with the	127108
plan of correction it submitted under section ~~5111.43~~5165.69 of	127109
the Revised Code, as determined by the department of health on the	127110
basis of a follow-up survey.	127111

(B) The department of ~~job and family services~~medicaid or	127112
contracting agency shall issue an order denying ~~payment~~medicaid	127113
payments to a nursing facility for all medicaid eligible residents	127114
admitted to the facility on or after the effective date of the	127115
order, if during three consecutive standard surveys conducted	127116
after December 13, 1990, the department of health has found a	127117
condition of substandard care in a facility.	127118

(C) An order issued under division (A) or (B) of this section	127119
shall take effect on the later of the date the facility receives	127120
the order or the date the public notice required under division	127121
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	127122
The order is subject to appeal under Chapter 119. of the Revised	127123
Code; however the order may take effect prior to or during the	127124
pendency of any hearing under that chapter. In that case, the	127125
department or agency shall provide the facility an opportunity for	127126
a hearing in accordance with section ~~5111.60~~5165.87 of the	127127
Revised Code.	127128

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	127129
department of ~~job and family services~~medicaid or a contracting	127130
agency, at any time during the six-month period following the exit	127131
interview of a survey that was the basis for citing a deficiency	127132
or deficiencies, that the deficiency or deficiencies have been	127133
substantially corrected in accordance with the plan of correction	127134
submitted and approved under section ~~5111.43~~5165.69 of the	127135
Revised Code, the department of health shall conduct a follow-up	127136
survey to determine whether the deficiency or deficiencies have	127137
been substantially corrected in accordance with the plan.	127138

(B) The department of ~~job and family services~~medicaid or a	127139
contracting agency shall terminate a nursing facility's	127140
participation in the ~~medical assistance~~medicaid program whenever	127141
the facility has not substantially corrected, within six months	127142
after the exit interview of the survey on the basis of which it	127143
was cited, a deficiency or deficiencies in accordance with the	127144
plan of correction submitted under section ~~5111.43~~5165.69 of the	127145
Revised Code, as determined by the department of health on the	127146
basis of a follow-up survey.	127147

(C) Unless the facility has substantially corrected the	127148
deficiency or deficiencies in accordance with the plan of	127149
correction, as determined by the department of health on the basis	127150
of a follow-up survey, the department of ~~job and family services~~	127151
medicaid or contracting agency shall deliver to the facility, at	127152
least thirty days prior to the day that is six months after the	127153
exit interview, a written order terminating the facility's	127154
participation in the ~~medical assistance~~medicaid program. The	127155
order shall take effect and the facility's participation shall	127156
terminate on the day that is six months after the exit interview.	127157
The order shall not take effect if, after it is delivered to the	127158
facility and prior to the effective date of the order, the	127159
department of health determines on the basis of a follow-up survey	127160
that the facility has corrected the deficiency or deficiencies.	127161

An order issued under this section is subject to appeal under	127162
Chapter 119. of the Revised Code; however, the order may take	127163
effect prior to or during the pendency of any hearing under that	127164
chapter. In that case, the department of ~~job and family services~~	127165
medicaid or contracting agency shall provide the facility an	127166
opportunity for a hearing in accordance with section ~~5111.60~~	127167
5165.87 of the Revised Code.	127168

(D) Except as provided in division (E) of this section,	127169
whenever the department of ~~job and family services~~medicaid or a	127170
contracting agency terminates a facility's participation in the	127171
~~medical assistance~~medicaid program pursuant to this section, the	127172
provider shall repay the department the federal share of all	127173
medicaid payments made by the department to the facility ~~under the~~	127174
~~medical assistance program~~ during the six-month period following	127175
the exit interview of the survey that was the basis for citing the	127176
deficiency or cluster of deficiencies. The provider shall repay	127177
the department within thirty days after the department repays to	127178
the federal government the federal share of medicaid payments made	127179
to the facility during that six-month period.	127180

(E) A provider is not required to repay the department of ~~job~~	127181
~~and family services~~medicaid if either of the following is the	127182
case:	127183

(1) The facility has brought an appeal under Chapter 119. of	127184
the Revised Code of termination of its participation in the	127185
~~medical assistance~~medicaid program, except that the provider	127186
shall repay the department of ~~job and family services~~medicaid	127187
within thirty days after the facility exhausts its right to appeal	127188
under that chapter.	127189

(2) The facility complied with the plan of correction	127190
approved by the department of health and the obligation to repay	127191
resulted from the department's failure to provide timely	127192
verification to the United States department of health and human	127193
services of the facility's compliance with the plan of correction.	127194

(F) If a provider's obligation to repay the department of ~~job~~	127195
~~and family services~~medicaid under division (D) of this section	127196
results from disallowance of federal financial participation by	127197
the United States department of health and human services, the	127198
provider shall not be required to repay the department of ~~job and~~	127199
~~family services~~medicaid until the federal disallowance becomes	127200
final.	127201

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	127202
5165.89 of the Revised Code during any period for which the	127203
facility is required to repay the department of ~~job and family~~	127204
~~services~~medicaid under division (D) of this section shall be	127205
offset against the amount the provider is required to repay the	127206
department for that period.	127207

(H) Prior to a change of ownership of a facility for which a	127208
provider has an obligation to repay the department of ~~job and~~	127209
~~family services~~medicaid under division (D) of this section that	127210
has not become final, or has become final but not been paid, the	127211
department may do one or more of the following:	127212

(1) Require the provider to place money in escrow, or obtain	127213
a bond, in sufficient amount to indemnify the state against the	127214
provider's failure to repay the department after the change of	127215
ownership occurs;	127216

(2) Place a lien on the facility's real property;

127217

(3) Use any method to recover the medicaid payments that is	127218
available to the attorney general to recover payments on behalf of	127219
the department of ~~job and family services~~medicaid.	127220

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	127221
~~services~~medicaid, the department of health, and any contracting	127222
agency shall deliver a written notice, statement, or order to a	127223
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	127224
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	127225
certified mail or hand delivery. If the notice, statement, or	127226
order is mailed, it shall be addressed to the administrator of the	127227
facility as indicated in the department's or agency's records. If	127228
it is hand delivered, it shall be delivered to a person at the	127229
facility who would appear to the average prudent person to have	127230
authority to accept it.	127231

Delivery of written notice by a nursing facility to the	127232
department of health, the department of ~~job and family services~~	127233
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	127234
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	127235
or hand delivery to the appropriate department or the agency.	127236

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	127237
of this section, the following remedies are subject to appeal	127238
under Chapter 119. of the Revised Code:	127239

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	127240
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	127241
terminating a nursing facility's participation in the ~~medical~~	127242
~~assistance~~medicaid program;	127243

(2) Appointment of a temporary manager of a facility under	127244
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	127245
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	127246

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	127247
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	127248
the Revised Code denying ~~payment~~medicaid payments to a facility	127249
~~under the medical assistance program~~ for all medicaid eligible	127250
residents admitted after the effective date of the order;	127251

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	127252
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	127253
medicaid payments to a facility ~~under the medical assistance~~	127254
~~program~~ for medicaid eligible residents admitted after the	127255
effective date of the order who have certain diagnoses or special	127256
care needs specified by the department or agency;	127257

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	127258
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	127259

(B) The department of ~~job and family services~~medicaid or	127260
contracting agency may do any of the following prior to or during	127261
the pendency of any proceeding under Chapter 119. of the Revised	127262
Code:	127263

(1) Issue and execute an order under section ~~5111.46~~5165.72,	127264
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	127265
terminating a nursing facility's participation in the ~~medical~~	127266
~~assistance~~medicaid program;	127267

(2) Appoint a temporary manager under division (A)(1)(b) or	127268
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	127269
~~5111.51~~5165.77 of the Revised Code;	127270

(3) Issue and execute an order under section ~~5111.46~~5165.72,	127271
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	127272
Revised Code denying ~~payment~~medicaid payments to a facility for	127273
all medicaid eligible residents admitted after the effective date	127274
of the order;	127275

(4) Issue and execute an order under section ~~5111.46~~5165.72	127276
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	127277
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	127278
payments to a facility for medicaid eligible residents admitted	127279
after the effective date of the order who have specified diagnoses	127280
or special care needs.	127281

(C) Whenever the department or agency imposes a remedy listed	127282
in division (B) of this section prior to or during the pendency of	127283
a proceeding, all of the following apply:	127284

(1) The provider against whom the action is taken shall have	127285
ten days after the date the facility actually receives the notice	127286
specified in section 119.07 of the Revised Code to request a	127287
hearing.	127288

(2) The hearing shall commence within thirty days after the	127289
date the department or agency receives the provider's request for	127290
a hearing.	127291

(3) The hearing shall continue uninterrupted from day to day,	127292
except for Saturdays, Sundays, and legal holidays, unless other	127293
interruptions are agreed to by the provider and the department or	127294
agency.	127295

(4) If the hearing is conducted by a hearing examiner, the	127296
hearing examiner shall file a report and recommendations within	127297
ten days after the close of the hearing.	127298

(5) The provider shall have five days after the date the	127299
hearing officer files the report and recommendations within which	127300
to file objections to the report and recommendations.	127301

(6) Not later than fifteen days after the date the hearing	127302
officer files the report and recommendations, the medicaid	127303
director ~~of job and family services~~ or the director of the	127304
contracting agency shall issue an order approving, modifying, or	127305
disapproving the report and recommendations of the hearing	127306
examiner.	127307

(D) If the department or agency imposes more than one remedy	127308
as the result of deficiencies cited in a single survey, the	127309
proceedings for all of the remedies shall be consolidated. If any	127310
of the remedies are imposed during the pendency of a hearing, as	127311
permitted by division (B) of this section, the consolidated	127312
hearing shall be conducted in accordance with division (C) of this	127313
section. The consolidation of the remedies for purposes of a	127314
hearing does not affect the effective dates prescribed in sections	127315
~~5111.35~~5165.60 to ~~5111.58~~2165.85 of the Revised Code.	127316

(E) If a contracting agency conducts administrative	127317
proceedings pertaining to remedies imposed under sections ~~5111.35~~	127318
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	127319
~~job and family services~~medicaid shall not be considered a party	127320
to the proceedings.	127321

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	127322
order, as necessary for the administration or enforcement of any	127323
statute relating to nursing facilities, or as provided in division	127324
(C) of this section, the department of ~~job and family services~~	127325
medicaid and any contracting agency shall not release any of the	127326
following information without the permission of the individual or	127327
the individual's legal representative:	127328

(a) The identity of any resident of a nursing facility;

127329

(b) The identity of any individual who submits a complaint	127330
about a nursing facility;	127331

(c) The identity of any individual who provides the	127332
department or agency with information about a nursing facility and	127333
has requested confidentiality;	127334

(d) Any information that reasonably would tend to disclose	127335
the identity of any individual described in division (A)(1)(a) to	127336
(c) of this section.	127337

(2) An agency or individual to whom the department or	127338
contracting agency is required, by court order or for the	127339
administration or enforcement of a statute relating to nursing	127340
facilities, to release information described in division (A)(1) of	127341
this section shall not release the information without the	127342
permission of the individual who would be or would reasonably tend	127343
to be identified, or of the individual's legal representative,	127344
unless the agency or individual is required to release it by	127345
division (C) of this section, by court order, or for the	127346
administration or enforcement of a statute relating to nursing	127347
facilities.	127348

(B) Except as provided in division (C) of this section, any	127349
record that identifies an individual described in division (A)(1)	127350
of this section or that reasonably would tend to identify such an	127351
individual is not a public record for the purposes of section	127352
149.43 of the Revised Code, and is not subject to inspection and	127353
copying under section 1347.08 of the Revised Code.	127354

(C) If the department or a contracting agency, or an agency	127355
or individual to whom the department or contracting agency was	127356
required by court order or for administration or enforcement of a	127357
statute relating to nursing facilities to release information	127358
described in division (A)(1) of this section, uses information in	127359
any administrative or judicial proceeding against a facility that	127360
reasonably would tend to identify an individual described in	127361
division (A)(1) of this section, the department, agency, or	127362
individual shall disclose that information to the facility.	127363
However, the department, agency, or individual shall not disclose	127364
information that directly identifies an individual described in	127365
divisions (A)(1)(a) to (c) of this section, unless the individual	127366
is to testify in the proceedings.	127367

(D) No person shall knowingly register a false complaint	127368
about a nursing facility with the department or a contracting	127369
agency, or knowingly swear or affirm the truth of a false	127370
complaint, when the allegation is made for the purpose of	127371
incriminating another.	127372

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	127373
~~"facility," "medicare," and "medicaid" have the same meanings as~~	127374
~~in section 3721.10 of the Revised Code.~~	127375

The department of health shall be the designee of the	127376
department of ~~job and family services~~medicaid for the purpose of	127377
conducting a hearing pursuant to section 3721.162 of the Revised	127378
Code concerning a nursing facility's decision to transfer or	127379
discharge a resident if the resident is a medicaid recipient or	127380
medicare beneficiary.	127381

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	127382
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	127383
5165.08 of the Revised Code shall be fined not less than five	127384
hundred dollars nor more than one thousand dollars for the first	127385
offense and not less than one thousand dollars nor more than five	127386
thousand dollars for each subsequent offense. Fines paid under	127387
this section shall be deposited in the state treasury to the	127388
credit of the general revenue fund.	127389

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	127390
of the Revised Code is guilty of registering a false complaint, a	127391
misdemeanor of the first degree.	127392

Sec. 5166.01. As used in this chapter:

127393

"Administrative agency" means, with respect to a home and	127394
community-based services medicaid waiver component, the department	127395
of medicaid or, if a state agency or political subdivision	127396
contracts with the department under section 5162.35 of the Revised	127397
Code to administer the component, that state agency or political	127398
subdivision.	127399

"Dual eligible individual" has the same meaning as in section	127400
5160.01 of the Revised Code.	127401

"Home and community-based services medicaid waiver component"	127402
means a medicaid waiver component under which home and	127403
community-based services are provided as an alternative to	127404
hospital services, nursing facility services, or ICF/IID services.	127405

"Hospital" has the same meaning as in section 3727.01 of the	127406
Revised Code.	127407

"Hospital long-term care unit" has the same meaning as in	127408
section 5168.40 of the Revised Code.	127409

"ICDS participant" has the same meaning as in section 5164.01	127410
of the Revised Code.	127411

"ICF/IID" and "ICF/IID services" have the same meanings as in	127412
section 5124.01 of the Revised Code.	127413

"Integrated care delivery system" and "ICDS" have the same	127414
meanings as in section 5164.01 of the Revised Code.	127415

"Level of care determination" means a determination of	127416
whether an individual needs the level of care provided by a	127417
hospital, nursing facility, or ICF/IID and whether the individual,	127418
if determined to need that level of care, would receive hospital	127419
services, nursing facility services, or ICF/IID services if not	127420
for a home and community-based services medicaid waiver component.	127421

"Medicaid buy-in for workers with disabilities program" has	127422
the same meaning as in section 5163.01 of the Revised Code.	127423

"Medicaid services" has the same meaning as in section	127424
5164.01 of the Revised Code.	127425

"Medicaid waiver component" means a component of the medicaid	127426
program authorized by a waiver granted by the United States	127427
department of health and human services under the "Social Security	127428
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	127429
waiver component" does not include a care management system	127430
established under section 5167.03 of the Revised Code.	127431

"Nursing facility" and "nursing facility services" have the	127432
same meanings as in section 5165.01 of the Revised Code.	127433

"Ohio home care waiver program" means the home and	127434
community-based services medicaid waiver component that is known	127435
as Ohio home care and was created pursuant to section 5166.11 of	127436
the Revised Code.	127437

"Ohio transitions II aging carve-out program" means the home	127438
and community-based services medicaid waiver component that is	127439
known as Ohio transitions II aging carve-out and was created	127440
pursuant to section 5166.11 of the Revised Code.	127441

"Provider agreement" has the same meaning as in section	127442
5164.01 of the Revised Code.	127443

"Residential treatment facility" means a residential facility	127444
licensed by the department of mental health and addiction services	127445
under section 5119.34 of the Revised Code, or an institution	127446
certified by the department of job and family services under	127447
section 5103.03 of the Revised Code, that serves children and	127448
either has more than sixteen beds or is part of a campus of	127449
multiple facilities or institutions that, combined, have a total	127450
of more than sixteen beds.	127451

"Skilled nursing facility" has the same meaning as in section	127452
5165.01 of the Revised Code.	127453

"Unified long-term services and support medicaid waiver	127454
component" means the medicaid waiver component authorized by	127455
section 5166.14 of the Revised Code.	127456

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	127457
~~sections 5111.851 to 5111.856 of the Revised Code:~~	127458

~~"Home and community-based services medicaid waiver component"~~	127459
~~means a medicaid waiver component under which home and~~	127460
~~community-based services are provided as an alternative to~~	127461
~~hospital, nursing facility, or intermediate care facility for the~~	127462
~~mentally retarded services.~~	127463

~~"Hospital" has the same meaning as in section 3727.01 of the~~	127464
~~Revised Code.~~	127465

~~"Intermediate care facility for the mentally retarded" has~~	127466
~~the same meaning as in section 5111.20 of the Revised Code.~~	127467

~~"Medicaid waiver component" means a component of the medicaid~~	127468
~~program authorized by a waiver granted by the United States~~	127469
~~department of health and human services under section 1115 or 1915~~	127470
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	127471
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	127472
~~management system established under section 5111.16 of the Revised~~	127473
~~Code.~~	127474

~~"Nursing facility" has the same meaning as in section 5111.20~~	127475
~~of the Revised Code.~~	127476

~~(B)~~ The medicaid director ~~of job and family services may~~	127477
shall adopt rules ~~under~~in accordance with Chapter 119. of the	127478
Revised Code governing medicaid waiver components ~~that~~. The rules	127479
may establish all of the following:	127480

(1) Eligibility requirements for the medicaid waiver	127481
components;	127482

(2) The type, amount, duration, and scope of medicaid	127483
services the medicaid waiver components ~~provide~~cover;	127484

(3) The conditions under which the medicaid waiver components	127485
cover medicaid services;	127486

(4) The ~~amount~~amounts the medicaid waiver components pay for	127487
medicaid services or the ~~method~~methods by which the ~~amount is~~	127488
amounts are determined;	127489

(5) The ~~manner~~manners in which the medicaid waiver	127490
components pay for medicaid services;	127491

(6) Safeguards for the health and welfare of medicaid	127492
recipients receiving medicaid services under a medicaid waiver	127493
component;	127494

(7) Procedures for prioritizing and approving for enrollment	127495
individuals who are eligible for a home and community-based	127496
services medicaid waiver component and choose to be enrolled in	127497
the component;	127498

(8) Procedures for enforcing the rules, including	127499
establishing corrective action plans for, and imposing financial	127500
and administrative sanctions on, persons and government entities	127501
that violate the rules. Sanctions shall include terminating	127502
~~medicaid~~ provider agreements. The procedures shall include due	127503
process protections.	127504

(9) Other policies necessary for the efficient administration	127505
of the medicaid waiver components.	127506

~~(C)~~(B) The director ~~of job and family services~~ may adopt	127507
different rules for the different medicaid waiver components. The	127508
rules shall be consistent with the terms of the waiver authorizing	127509
the medicaid waiver component.	127510

~~(D)~~(C) The following apply to procedures established under	127511
division ~~(B)~~(A)(7) of this section:	127512

(1) Any such procedures established for the medicaid-funded	127513
component of the PASSPORT program shall be consistent with section	127514
~~173.401~~173.521 of the Revised Code.	127515

(2) Any such procedures established for the medicaid-funded	127516
component of the assisted living program shall be consistent with	127517
section 173.542 of the Revised Code.	127518

(3) Any such procedures established for the Ohio home care	127519
waiver program shall be consistent with section ~~5111.862~~5166.121	127520
of the Revised Code.	127521

~~(3)~~(4) Any such procedures established for the unified	127522
long-term services and support medicaid waiver program shall be	127523
consistent with section ~~5111.865~~5166.141 of the Revised Code.	127524

~~(4) Any such procedures established for the medicaid-funded~~	127525
~~component of the assisted living program shall be consistent with~~	127526
~~section 5111.894 of the Revised Code.~~	127527

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	127528
~~services~~ may not submit a request to the United States secretary	127529
of health and human services for a medicaid waiver under ~~section~~	127530
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	127531
1315, unless the director provides the speaker of the house of	127532
representatives and president of the senate written notice of the	127533
director's intent to submit the request at least ten days before	127534
the date the director submits the request to the United States	127535
secretary. The notice shall include a detailed explanation of the	127536
medicaid waiver the director proposes to seek.	127537

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	127538
~~5111.855 of the Revised Code:~~	127539

~~"Administrative agency" means, with respect to a home and~~	127540
~~community-based services medicaid waiver component, the department~~	127541
of ~~job and family services~~ or, if a state agency or political	127542
subdivision contracts with the ~~department~~ under section 5111.91	127543
of the Revised Code to administer the component, that state agency	127544
or political subdivision.	127545

~~"Level of care determination" means a determination of~~	127546
~~whether an individual needs the level of care provided by a~~	127547
~~hospital, nursing facility, or intermediate care facility for the~~	127548
~~mentally retarded and whether the individual, if determined to~~	127549
~~need that level of care, would receive hospital, nursing facility,~~	127550
or ~~intermediate care facility for the mentally retarded~~ services	127551
if not for a home and community-based services medicaid waiver	127552
component.	127553

~~"Medicaid buy-in for workers with disabilities program" means~~	127554
~~the component of the medicaid program established under sections~~	127555
~~5111.70 to 5111.7011 of the Revised Code.~~	127556

~~"Skilled nursing facility" means a facility certified as a~~	127557
~~skilled nursing facility under Title XVIII of the "Social Security~~	127558
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	127559

~~(B)~~ The following requirements apply to each home and	127560
community-based services medicaid waiver component:	127561

~~(1)~~(A) Only an individual who qualifies for a component shall	127562
receive that component's medicaid services.	127563

~~(2)~~(B) A level of care determination shall be made as part of	127564
the process of determining whether an individual qualifies for a	127565
component and shall be made each year after the initial	127566
determination if, during such a subsequent year, the	127567
administrative agency determines there is a reasonable indication	127568
that the individual's needs have changed.	127569

~~(3)~~(C) A written plan of care or individual service plan	127570
based on an individual assessment of the medicaid services that an	127571
individual needs to avoid needing admission to a hospital, nursing	127572
facility, or ~~intermediate care facility for the mentally retarded~~	127573
ICF/IID shall be created for each individual determined eligible	127574
for a component.	127575

~~(4)~~(D) Each individual determined eligible for a component	127576
shall receive that component's medicaid services in accordance	127577
with the individual's level of care determination and written plan	127578
of care or individual service plan.	127579

~~(5)~~(E) No individual may receive medicaid services under a	127580
component while the individual is a hospital inpatient or resident	127581
of a skilled nursing facility, nursing facility, or ~~intermediate~~	127582
~~care facility for the mentally retarded~~ICF/IID.	127583

~~(6)~~(F) No individual may receive prevocational, educational,	127584
or supported employment services under a component if the	127585
individual is eligible for such services that are funded with	127586
federal funds provided under 29 U.S.C. 730 or the "Individuals	127587
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	127588
1400, as amended.	127589

~~(7)~~(G) Safeguards shall be taken to protect the health and	127590
welfare of individuals receiving medicaid services under a	127591
component, including safeguards established in rules adopted under	127592
section ~~5111.85~~5166.02 of the Revised Code and safeguards	127593
established by licensing and certification requirements that are	127594
applicable to the providers of that component's medicaid services.	127595

~~(8)~~(H) No medicaid services may be provided under a component	127596
by a provider that is subject to standards that the "Social	127597
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	127598
be established if the provider fails to comply with the standards	127599
applicable to the provider.	127600

~~(9)~~(I) Individuals determined to be eligible for a component,	127601
or such individuals' representatives, shall be informed of that	127602
component's medicaid services, including any choices that the	127603
individual or representative may make regarding the component's	127604
medicaid services, and given the choice of either receiving	127605
medicaid services under that component or, as appropriate,	127606
hospital services, nursing facility services, or ~~intermediate care~~	127607
~~facility for the mentally retarded~~ICF/IID services.	127608

~~(10)~~(J) No individual shall lose eligibility for services	127609
under a component, or have the services reduced or otherwise	127610
disrupted, on the basis that the individual also receives services	127611
under the medicaid buy-in for workers with disabilities program.	127612

~~(11)~~(K) No individual shall lose eligibility for services	127613
under a component, or have the services reduced or otherwise	127614
disrupted, on the basis that the individual's income or resources	127615
increase to an amount above the eligibility limit for the	127616
component if the individual is participating in the medicaid	127617
buy-in for workers with disabilities program and the amount of the	127618
individual's income or resources does not exceed the eligibility	127619
limit for the medicaid buy-in for workers with disabilities	127620
program.	127621

~~(12)~~(L) No individual receiving services under a component	127622
shall be required to pay any cost sharing expenses for the	127623
services for any period during which the individual also	127624
participates in the medicaid buy-in for workers with disabilities	127625
program.	127626

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	127627
~~services~~medicaid may review and approve, modify, or deny written	127628
plans of care and individual service plans that section ~~5111.851~~	127629
5166.04 of the Revised Code requires be created for individuals	127630
determined eligible for a home and community-based services	127631
medicaid waiver component. If a state agency or political	127632
subdivision contracts with the department under section ~~5111.91~~	127633
5162.35 of the Revised Code to administer a home and	127634
community-based services medicaid waiver component and approves,	127635
modifies, or denies a written plan of care or individual service	127636
plan pursuant to the agency's or subdivision's administration of	127637
the component, the department may review the agency's or	127638
subdivision's approval, modification, or denial and order the	127639
agency or subdivision to reverse or modify the approval,	127640
modification, or denial. The state agency or political subdivision	127641
shall comply with the department's order.	127642

The department of ~~job and family services~~medicaid shall be	127643
granted full and immediate access to any records the department	127644
needs to implement its duties under this section.	127645

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	127646
maintain, for a period of time the department of ~~job and family~~	127647
~~services~~medicaid shall specify, financial records documenting	127648
the costs of medicaid services provided under the home and	127649
community-based services medicaid waiver components that the	127650
agency administers, including records of independent audits. The	127651
administrative agency shall make the financial records available	127652
on request to the United States secretary of health and human	127653
services, United States comptroller general, and their designees.	127654

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	127655
financially accountable for funds expended for medicaid services	127656
~~provided under~~covered by the home and community-based services	127657
medicaid waiver components that the agency administers.	127658

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	127659
subdivision that enters into a contract with the department of ~~job~~	127660
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	127661
Revised Code to administer a home and community-based services	127662
medicaid waiver component, or one or more aspects of such a	127663
component, shall provide the department a written assurance that	127664
the agency or subdivision will not violate any of the requirements	127665
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	127666
Code.	127667

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	127668
efficient and economical administration of medicaid waiver	127669
components, the department of ~~job and family services~~medicaid may	127670
transfer an individual enrolled in a medicaid waiver component	127671
administered by the department to another medicaid waiver	127672
component the department administers if the individual is eligible	127673
for the medicaid waiver component and the transfer does not	127674
jeopardize the individual's health or safety.	127675

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

127676

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	127677
~~the Revised Code.~~	127678

~~(2) "Medicaid waiver component" has the same meaning as in~~	127679
~~section 5111.85 of the Revised Code.~~	127680

~~(3) "Nursing facility" has the same meaning as in section~~	127681
~~5111.20 of the Revised Code.~~	127682

~~(4)~~, "Ohio home care program" means the program the	127683
department of ~~job and family services~~medicaid administers that	127684
provides state plan services and medicaid waiver component	127685
services pursuant to rules adopted ~~under sections 5111.01 and~~	127686
~~5111.02 of the Revised Code~~for the medicaid program and a	127687
medicaid waiver that went into effect July 1, 1998.	127688

(B) The ~~director~~department of ~~job and family services~~	127689
medicaid may ~~submit requests to the United States secretary of~~	127690
~~health and human services pursuant to section 1915 of the "Social~~	127691
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	127692
~~to obtain waivers of federal medicaid requirements that would~~	127693
~~otherwise be violated in the creation and implementation of~~create	127694
and administer two or more medicaid waiver components under which	127695
home and community-based services are provided to eligible	127696
individuals who need the level of care provided by a nursing	127697
facility or hospital. In administering the ~~requests~~medicaid	127698
waiver components, the ~~director~~department may specify the	127699
following:	127700

(1) The maximum number of individuals who may be enrolled in	127701
each of the medicaid waiver components ~~included in the requests~~;	127702

(2) The maximum amount the medicaid program may expend each	127703
year for each individual enrolled in the medicaid waiver	127704
components;	127705

(3) The maximum amount the medicaid program may expend each	127706
year for all individuals enrolled in the medicaid waiver	127707
components;	127708

(4) Any other requirements the ~~director~~department selects	127709
for the medicaid waiver components.	127710

(C) ~~If the secretary approves the medicaid waivers requested~~	127711
~~under this section, the director may create and implement the~~	127712
~~medicaid waiver components in accordance with the provisions of~~	127713
~~the approved waivers. The department of job and family services~~	127714
~~shall administer the medicaid waiver components.~~	127715

(D) After the first of any of the medicaid waiver components	127716
~~created~~that the department administers under this section begins	127717
to enroll eligible individuals, the ~~director~~department may	127718
~~submit to the United States secretary of health and human services~~	127719
~~an amendment to a medicaid waiver component of the Ohio home care~~	127720
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	127721
additional individuals in ~~that~~a medicaid waiver component of the	127722
Ohio home care program. ~~If the secretary approves the amendment,~~	127723
~~the director may cease to enroll additional individuals in that~~	127724
~~medicaid waiver component of the Ohio home care program.~~	127725

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

127726

~~"Medicaid waiver component" has the same meaning as in~~	127727
~~section 5111.85 of the Revised Code.~~	127728

~~"Unified long-term services and support medicaid waiver~~	127729
~~component" means the medicaid waiver component authorized by~~	127730
~~section 5111.864 of the Revised Code.~~	127731

~~(B) Subject to division (C) of this section, there is hereby~~	127732
~~created the Ohio home care program. The program shall provide home~~	127733
~~and community-based services. The department of job and family~~	127734
~~services medicaid shall administer the program.~~	127735

~~(C)~~ If the unified long-term services and support medicaid	127736
waiver component is created, the departments of aging and ~~job and~~	127737
~~family services~~medicaid shall ~~work together~~collaborate to	127738
determine whether the Ohio home care waiver program should	127739
continue to operate as a separate medicaid waiver component or be	127740
terminated. If the departments determine that the Ohio home care	127741
waiver program should be terminated, the program shall cease to	127742
exist on a date the departments shall specify.	127743

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

127744

~~"Hospital long-term care unit" has the same meaning as in~~	127745
~~section 3721.50 of the Revised Code.~~	127746

~~"Nursing facility" has the same meaning as in section 5111.20~~	127747
~~of the Revised Code.~~	127748

~~"Ohio home care program" means the medicaid waiver component~~	127749
~~created under section 5111.861 of the Revised Code.~~	127750

~~"Residential treatment facility" means a residential facility~~	127751
~~licensed by the department of mental health under section 5119.22~~	127752
~~of the Revised Code, or an institution certified by the department~~	127753
~~of job and family services under section 5103.03 of the Revised~~	127754
~~Code, that serves children and either has more than sixteen beds~~	127755
~~or is part of a campus of multiple facilities or institutions~~	127756
~~that, combined, have a total of more than sixteen beds.~~	127757

~~(B) Subject to division (C) of~~Unless the Ohio home care	127758
waiver program is terminated pursuant to section ~~5111.861~~5165.12	127759
of the Revised Code, the department of ~~job and family services~~	127760
medicaid shall establish a home first component for the Ohio home	127761
care waiver program. An individual is eligible for the Ohio home	127762
care waiver program's home first component if the individual has	127763
been determined to be eligible for the Ohio home care waiver	127764
program and at least one of the following applies:	127765

(1) If the individual is under twenty-one years of age, the	127766
individual received inpatient hospital services for at least	127767
fourteen consecutive days, or had at least three inpatient	127768
hospital stays during the twelve months, immediately preceding the	127769
date the individual applies for the Ohio home care waiver program.	127770

(2) If the individual is at least twenty-one but less than	127771
sixty years of age, the individual received inpatient hospital	127772
services for at least fourteen consecutive days immediately	127773
preceding the date the individual applies for the Ohio home care	127774
waiver program.	127775

(3) The individual received private duty nursing services	127776
under the medicaid program for at least twelve consecutive months	127777
immediately preceding the date the individual applies for the Ohio	127778
home care waiver program.	127779

(4) The individual does not reside in a nursing facility or	127780
hospital long-term care unit at the time the individual applies	127781
for the Ohio home care waiver program but is at risk of imminent	127782
admission to a nursing facility or hospital long-term care unit	127783
due to a documented loss of a primary caregiver.	127784

(5) The individual resides in a nursing facility at the time	127785
the individual applies for the Ohio home care waiver program.	127786

(6) At the time the individual applies for the Ohio home care	127787
waiver program, the individual participates in the money follows	127788
the person demonstration project authorized by section 6071 of the	127789
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	127790
and either resides in a residential treatment facility or	127791
inpatient hospital setting.	127792

~~(C)~~(B) An individual determined to be eligible for the home	127793
first component of the Ohio home care waiver program shall be	127794
enrolled in the ~~Ohio home care~~ program in accordance with rules	127795
adopted under section ~~5111.85~~5166.02 of the Revised Code.	127796

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

127797

~~"Medicaid waiver component" has the same meaning as in~~	127798
~~section 5111.85 of the Revised Code.~~	127799

~~"Unified long-term services and support medicaid waiver~~	127800
~~component" means the medicaid waiver component authorized by~~	127801
~~section 5111.864 of the Revised Code.~~	127802

~~(B) Subject to division (C) of this section, there is hereby~~	127803
~~created the Ohio transitions II aging carve-out program. The~~	127804
~~program shall provide home and community-based services. The~~	127805
~~department of job and family services shall administer the~~	127806
~~program.~~	127807

~~(C)~~ If the unified long-term services and support medicaid	127808
waiver component is created, the departments of aging and ~~job and~~	127809
~~family services~~medicaid shall ~~work together~~collaborate to	127810
determine whether the Ohio transitions II aging carve-out program	127811
should continue to operate as a separate medicaid waiver component	127812
or be terminated. If the departments determine that the Ohio	127813
transitions II aging carve-out program should be terminated, the	127814
program shall cease to exist on a date the departments shall	127815
specify.	127816

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

127817

~~"Medicaid waiver component" has the same meaning as in~~	127818
~~section 5111.85 of the Revised Code.~~	127819

~~"Nursing facility" has the same meaning as in section 5111.20~~	127820
~~of the Revised Code.~~	127821

~~(B)~~ The ~~director~~department of ~~job and family services~~	127822
medicaid shall ~~submit a request to the United States secretary of~~	127823
~~health and human services pursuant to section 1915n of the "Social~~	127824
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	127825
~~to obtain approval to~~ create a unified long-term services and	127826
support medicaid waiver component to provide home and	127827
community-based services to eligible individuals of any age who	127828
require the level of care provided by nursing facilities. The	127829
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	127830
collaborate with the ~~director~~department of aging in ~~seeking~~	127831
~~approval of the unified long-term services and support medicaid~~	127832
~~waiver component and, if the approval is obtained, in~~ creating and	127833
implementing the component.	127834

~~If the request to create the unified long-term services and~~	127835
~~support medicaid waiver component is approved, the~~The medicaid	127836
director ~~of job and family services, working~~shall collaborate	127837
with the director of aging~~, shall adopt~~when adopting rules under	127838
section ~~5111.85~~5166.02 of the Revised Code to implement the	127839
component. ~~The rules may authorize the director of aging to adopt~~	127840
~~rules in accordance with Chapter 119. of the Revised Code~~	127841
~~governing aspects of the unified long-term services and support~~	127842
~~medicaid waiver component.~~	127843

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	127844
~~"unified long-term services and support medicaid waiver program"~~	127845
~~or "program" means the medicaid waiver component authorized by~~	127846
~~section 5111.864 of the Revised Code.~~	127847

~~(B) If the United States secretary of health and human~~	127848
~~services approves the request submitted under section 5111.864 of~~	127849
~~the Revised Code to create the unified long-term services and~~	127850
~~support medicaid waiver program, the~~The department of ~~job and~~	127851
~~family services~~medicaid shall establish a home first component	127852
for the unified long-term services and support medicaid waiver	127853
program. The home first component shall be similar to the home	127854
first component of the medicaid-funded component of the PASSPORT	127855
program established under section ~~173.401~~173.521 of the Revised	127856
Code, ~~the home first component of the Ohio home care program~~	127857
~~established under section 5111.862 of the Revised Code, and~~ the	127858
home first component of the medicaid-funded component of the	127859
assisted living program established under section ~~5111.894~~173.542	127860
of the Revised Code, and the home first component of the Ohio home	127861
care waiver program established under section 5166.121 of the	127862
Revised Code.	127863

Sec. 5166.16. (A) As used in this section, "ODA or MCD	127864
medicaid waiver component" means all of the following:	127865

(1) The medicaid-funded component of the PASSPORT program,	127866
unless it is terminated pursuant to division (C) of section 173.52	127867
of the Revised Code;	127868

(2) The choices program, unless it is terminated pursuant to	127869
division (B) of section 173.53 of the Revised Code;	127870

(3) The medicaid-funded component of the assisted living	127871
program, unless it is terminated pursuant to division (C) of	127872
section 173.54 of the Revised Code;	127873

(4) The Ohio home care waiver program, unless it is	127874
terminated pursuant to section 5166.12 of the Revised Code;	127875

(5) The Ohio transitions II aging carve-out program, unless	127876
it is terminated pursuant to section 5166.13 of the Revised Code.	127877

(B) The medicaid director may create a home and	127878
community-based services medicaid waiver component as part of the	127879
integrated care delivery system. If the ICDS medicaid waiver	127880
component is created, both of the following apply:	127881

(1) The department of medicaid shall administer it;

127882

(2) When it begins to accept enrollments, no ICDS participant	127883
who is eligible for the ICDS medicaid waiver component shall be	127884
enrolled in an ODA or MCD medicaid waiver component regardless of	127885
whether the participant prefers to remain or be enrolled in an ODA	127886
or MCD medicaid waiver component.	127887

(C) A dual eligible individual who is eligible for an ODA or	127888
MCD medicaid waiver component may enroll in the component before	127889
the individual becomes an ICDS participant. The dual eligible	127890
individual shall disenroll from the ODA or MCD medicaid waiver	127891
component and enroll in the ICDS medicaid waiver component once	127892
the individual becomes an ICDS participant and it is possible to	127893
enroll the individual in the ICDS medicaid waiver component. The	127894
disenrollment from the ODA or MCD medicaid waiver component and	127895
enrollment into the ICDS medicaid waiver component shall occur	127896
regardless of whether the individual prefers to remain enrolled in	127897
the ODA or MCD medicaid waiver component.	127898

(D) An ICDS participant's disenrollment from an ODA or MCD	127899
medicaid waiver component and enrollment in the ICDS medicaid	127900
waiver component resulting from division (B)(2) or (C) of this	127901
section shall be accomplished without a disruption in the	127902
participant's services under the components.	127903

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	127904
~~5111.871 of the Revised Code:~~	127905

~~(1) "Intermediate care facility for the mentally retarded"~~	127906
~~has the same meaning as in section 5111.20 of the Revised Code.~~	127907

~~(2) "Medicaid waiver component" has the same meaning as in~~	127908
~~section 5111.85 of the Revised Code.~~	127909

~~(B)~~ The ~~director~~department of ~~job and family services~~	127910
medicaid may ~~apply to the United States secretary of health and~~	127911
~~human services for both of~~create the following:	127912

(1) One or more medicaid waiver components under which home	127913
and community-based services are provided to individuals with	127914
mental retardation or other developmental disability as an	127915
alternative to placement in ~~an intermediate care facility for the~~	127916
~~mentally retarded~~ICFs/IID;	127917

(2) One or more medicaid waiver components under which home	127918
and community-based services are provided in the form of any of	127919
the following:	127920

(a) Early intervention and supportive services for children	127921
under three years of age who have developmental delays or	127922
disabilities the ~~director~~department determines are significant;	127923

(b) Therapeutic services for children who have autism;

127924

(c) Specialized habilitative services for individuals who are	127925
eighteen years of age or older and have autism.	127926

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	127927
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	127928
provide services that are available under another medicaid waiver	127929
component. No medicaid waiver component ~~authorized by~~created	127930
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	127931
services to an individual that the individual is eligible to	127932
receive through an individualized education program as defined in	127933
section 3323.01 of the Revised Code.	127934

~~(D)~~(C) The director of developmental disabilities orand	127935
director of health may request that the ~~director~~department of ~~job~~	127936
~~and family services apply for~~medicaid create one or more medicaid	127937
~~waivers~~waiver components under this section.	127938

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	127939
component under this section, the ~~director~~department of ~~job and~~	127940
~~family services~~medicaid shall seek, accept, and consider public	127941
comments.	127942

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	127943
~~services~~medicaid shall enter into a contract with the department	127944
of developmental disabilities under section ~~5111.91~~5162.35 of the	127945
Revised Code with regard to one or more of the medicaid waiver	127946
components ~~established~~created by the department of ~~job and~~	127947
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	127948
Revised Code. ~~Subject, if needed, to the approval of the United~~	127949
~~States secretary of health and human services, the~~The contract	127950
shall include the medicaid waiver component known as the	127951
transitions developmental disabilities waiver. The contract shall	127952
provide for the department of developmental disabilities to	127953
administer the components in accordance with the terms of the	127954
federal medicaid waivers authorizing the components. The contract	127955
shall include a schedule for the department of developmental	127956
disabilities to begin administering the transitions developmental	127957
disabilities waiver. ~~The directors of job and family services and~~	127958
~~developmental disabilities shall adopt rules in accordance with~~	127959
~~Chapter 119. of the Revised Code governing the components.~~	127960

If the department of developmental disabilities or the	127961
department of ~~job and family services~~medicaid denies an	127962
individual's application for home and community-based services	127963
provided under any of these medicaid components, the department	127964
that denied the services shall give timely notice to the	127965
individual that the individual may ~~request a hearing under~~appeal	127966
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	127967

The departments of developmental disabilities and ~~job and~~	127968
~~family services~~medicaid may approve, reduce, deny, or terminate a	127969
medicaid service included in the individualized service plan	127970
developed for a medicaid recipient eligible for home and	127971
community-based services provided under any of these medicaid	127972
components. The departments shall consider the recommendations a	127973
county board of developmental disabilities makes under division	127974
(A)(1)(c) of section 5126.055 of the Revised Code. If either	127975
department approves, reduces, denies, or terminates a medicaid	127976
service, that department shall give timely notice to the medicaid	127977
recipient that the recipient may ~~request a hearing under~~appeal	127978
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	127979

If supported living, as defined in section 5126.01 of the	127980
Revised Code, is to be provided as a medicaid service under any of	127981
these components, any person or government entity with a current,	127982
valid ~~medicaid~~ provider agreement and a current, valid	127983
certificate under section 5123.161 of the Revised Code may provide	127984
the medicaid service.	127985

If a medicaid service is to be provided under any of these	127986
components by a residential facility, as defined in section	127987
5123.19 of the Revised Code, any person or government entity with	127988
a current, valid ~~medicaid~~ provider agreement and a current, valid	127989
license under section 5123.19 of the Revised Code may provide the	127990
medicaid service.	127991

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	127992
section, when the department of developmental disabilities	127993
allocates enrollment numbers to a county board of developmental	127994
disabilities for home and community-based services specified in	127995
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	127996
and provided under any of the medicaid waiver components that the	127997
department administers under section ~~5111.871~~5166.21 of the	127998
Revised Code, the department shall consider all of the following:	127999

(1) The number of individuals with mental retardation or	128000
other developmental disability who are on a waiting list the	128001
county board establishes under section 5126.042 of the Revised	128002
Code for those services and are given priority on the waiting	128003
list;	128004

(2) The implementation component required by division (A)(3)	128005
of section 5126.054 of the Revised Code of the county board's plan	128006
approved under section 5123.046 of the Revised Code;	128007

(3) Anything else the department considers necessary to	128008
enable county boards to provide those services to individuals in	128009
accordance with the priority requirements for waiting lists	128010
established under section 5126.042 of the Revised Code for those	128011
services.	128012

(B) Division (A) of this section applies to home and	128013
community-based services provided under the medicaid waiver	128014
component known as the transitions developmental disabilities	128015
waiver only to the extent, if any, provided by the contract	128016
required by section ~~5111.871~~5166.21 of the Revised Code regarding	128017
the ~~waiver~~component.	128018

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	128019
section, the medicaid director ~~of job and family services~~ shall	128020
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	128021
of the Revised Code establishing the ~~amount of reimbursement~~	128022
payment amounts or the methods by which the payment amounts of	128023
~~reimbursement~~ are to be determined for home and community-based	128024
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	128025
5166.20 of the Revised Code and provided under the components of	128026
the medicaid program that the department of developmental	128027
disabilities administers under section ~~5111.871~~5166.21 of the	128028
Revised Code. With respect to these rules, all of the following	128029
apply:	128030

(1) The rules shall establish procedures for the department	128031
of developmental disabilities to follow in arranging for the	128032
initial and ongoing collection of cost information from a	128033
comprehensive, statistically valid sample of persons and	128034
government entities providing the services at the time the	128035
information is obtained.	128036

(2) The rules shall establish procedures for the collection	128037
of consumer-specific information through an assessment instrument	128038
the department of developmental disabilities shall provide to the	128039
department of ~~job and family services~~medicaid.	128040

(3) With the information collected pursuant to divisions	128041
(A)(1) and (2) of this section, an analysis of that information,	128042
and other information the director determines relevant, the rules	128043
shall establish ~~reimbursement~~payment standards that do all of the	128044
following:	128045

(a) Assure that ~~reimbursement is~~payment amounts are	128046
consistent with efficiency, economy, and quality of care;	128047

(b) Consider the intensity of consumer resource need;

128048

(c) Recognize variations in different geographic areas	128049
regarding the resources necessary to assure the health and welfare	128050
of consumers;	128051

(d) Recognize variations in environmental supports available	128052
to consumers.	128053

(B) As part of the process of adopting rules ~~under~~authorized	128054
by this section, the director shall consult with the director of	128055
developmental disabilities, representatives of county boards of	128056
developmental disabilities, persons who provide the home and	128057
community-based services, and other persons and government	128058
entities the director identifies.	128059

(C) The ~~directors of job and family services~~medicaid	128060
director and director of developmental disabilities shall review	128061
the rules ~~adopted under~~authorized by this section at times they	128062
determine are necessary to ensure that the ~~amount of reimbursement~~	128063
payment amounts or the methods by which the payment amounts of	128064
~~reimbursement~~ are to be determined continue to meet the	128065
~~reimbursement~~payment standards established under division (A)(3)	128066
of this section.	128067

(D) This section applies to home and community-based services	128068
provided under the medicaid waiver component known as the	128069
transitions developmental disabilities waiver only to the extent,	128070
if any, provided by the contract required by section ~~5111.871~~	128071
5166.21 of the Revised Code regarding the ~~waiver~~component.	128072

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	128073
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	128074

(1) "Adult" means an individual at least eighteen years of	128075
age.	128076

(2) "Appropriate director" means the following:

128077

(a) The medicaid director in the context of all of the	128078
following:	128079

(i) The Ohio home care waiver program, unless it is	128080
terminated pursuant to section 5166.12 of the Revised Code;	128081

(ii) The Ohio transitions II aging carve-out program, unless	128082
it is terminated pursuant to section 5166.13 of the Revised Code;	128083

(iii) The integrated care delivery system medicaid waiver	128084
component authorized by section 5166.16 of the Revised Code.	128085

(b) The director of aging in the context of the	128086
medicaid-funded component of the PASSPORT program, unless it is	128087
terminated pursuant to division (C) of section 173.52 of the	128088
Revised Code.	128089

(3) "Authorized representative" means the following:

128090

(a) In the case of a consumer who is a minor, the consumer's	128091
parent, custodian, or guardian;	128092

(b) In the case of a consumer who is an adult, an individual	128093
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	128094
of the Revised Code to act on the consumer's behalf for purposes	128095
regarding home care attendant services.	128096

~~(3)~~(4) "Authorizing health care professional" means a health	128097
care professional who, pursuant to section ~~5111.887~~5166.307 of	128098
the Revised Code, authorizes a home care attendant to assist a	128099
consumer with self-administration of medication, nursing tasks, or	128100
both.	128101

~~(4)~~(5) "Consumer" means an individual to whom all of the	128102
following apply:	128103

(a) The individual is enrolled in a participating medicaid	128104
waiver component.	128105

(b) The individual has a medically determinable physical	128106
impairment to which both of the following apply:	128107

(i) It is expected to last for a continuous period of not	128108
less than twelve months.	128109

(ii) It causes the individual to require assistance with	128110
activities of daily living, self-care, and mobility, including	128111
either assistance with self-administration of medication or the	128112
performance of nursing tasks, or both.	128113

(c) In the case of an individual who is an adult, the	128114
individual is mentally alert and is, or has an authorized	128115
representative who is, capable of selecting, directing the actions	128116
of, and dismissing a home care attendant.	128117

(d) In the case of an individual who is a minor, the	128118
individual has an authorized representative who is capable of	128119
selecting, directing the actions of, and dismissing a home care	128120
attendant.	128121

~~(5)~~(6) "Controlled substance" has the same meaning as in	128122
section 3719.01 of the Revised Code.	128123

~~(6)~~(7) "Custodian" has the same meaning as in section	128124
2151.011 of the Revised Code.	128125

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	128126
catheter that terminates in the stomach.	128127

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	128128
of the Revised Code.	128129

~~(9)~~(10) "Health care professional" means a physician or	128130
registered nurse.	128131

~~(10)~~(11) "Home care attendant" means an individual holding a	128132
valid ~~medicaid~~ provider agreement in accordance with section	128133
~~5111.881~~5166.301 of the Revised Code that authorizes the	128134
individual to provide home care attendant services to consumers.	128135

~~(11)~~(12) "Home care attendant services" means all of the	128136
following as provided by a home care attendant:	128137

(a) Personal care aide services;

128138

(b) Assistance with the self-administration of medication;

128139

128140

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	128141
catheter that terminates in the jejunum.	128142

~~(13) "Medicaid waiver component" has the same meaning as in~~	128143
~~section 5111.85 of the Revised Code.~~	128144

(14) "Medication" means a drug as defined in section 4729.01	128145
of the Revised Code.	128146

(15) "Minor" means an individual under eighteen years of age.

128147

(16) "Participating medicaid waiver component" means ~~both~~	128148
all of the following:	128149

(a) The medicaid-funded component of the PASSPORT program,	128150
unless it is terminated pursuant to division (C) of section 173.52	128151
of the Revised Code;	128152

(b) The Ohio home care waiver program ~~created under~~, unless	128153
it is terminated pursuant to section ~~5111.861~~5166.12 of the	128154
Revised Code;	128155

~~(b)~~(c) The Ohio transitions II aging carve-out program	128156
~~created under~~, unless it is terminated pursuant to section	128157
~~5111.863~~5166.13 of the Revised Code;	128158

(d) The integrated care delivery system medicaid waiver	128159
component authorized by section 5166.16 of the Revised Code.	128160

(17) "Physician" means an individual authorized under Chapter	128161
4731. of the Revised Code to practice medicine and surgery or	128162
osteopathic medicine and surgery.	128163

(18) "Practice of nursing as a registered nurse," "practice	128164
of nursing as a licensed practical nurse," and "registered nurse"	128165
have the same meanings as in section 4723.01 of the Revised Code.	128166
"Registered nurse" includes an advanced practice registered nurse,	128167
as defined in section 4723.01 of the Revised Code.	128168

(19) "Schedule II," "schedule III," "schedule IV," and	128169
"schedule V" have the same meanings as in section 3719.01 of the	128170
Revised Code.	128171

(B) ~~The director of job and family services may submit~~	128172
~~requests to the United States secretary of health and human~~	128173
~~services to amend the federal medicaid waivers authorizing the~~	128174
~~participating~~Participating medicaid waiver components ~~to have~~	128175
~~those components~~may cover home care attendant services in	128176
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	128177
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	128178
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	128179
~~5111.8811 of the Revised Code, those sections shall be implemented~~	128180
~~regarding a participating medicaid waiver component only if the~~	128181
~~secretary approves a waiver amendment for the component.~~	128182

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	128183
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	128184
with an individual to authorize the individual to provide home	128185
care attendant services to consumers if the individual does both	128186
of the following:	128187

(A) Agrees to comply with the requirements of sections	128188
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	128189
section ~~5111.8811~~5166.02 of the Revised Code;	128190

(B) Provides the director evidence satisfactory to the	128191
director of all of the following:	128192

(1) That the individual either meets the personnel	128193
qualifications specified in 42 C.F.R. 484.4 for home health aides	128194
or has successfully completed at least one of the following:	128195

(a) A competency evaluation program or training and	128196
competency evaluation program approved or conducted by the	128197
director of health under section 3721.31 of the Revised Code;	128198

(b) A training program approved by the ~~department of job and~~	128199
~~family services~~appropriate director that includes training in at	128200
least all of the following and provides training equivalent to a	128201
training and competency evaluation program specified in division	128202
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	128203
484.36(a):	128204

(i) Basic home safety;

128205

(ii) Universal precautions for the prevention of disease	128206
transmission, including hand-washing and proper disposal of bodily	128207
waste and medical instruments that are sharp or may produce sharp	128208
pieces if broken;	128209

(iii) Personal care aide services;

128210

(iv) The labeling, counting, and storage requirements for	128211
schedule II, III, IV, and V medications.	128212

(2) That the individual has obtained a certificate of	128213
completion of a course in first aid from a first aid course to	128214
which all of the following apply:	128215

(a) It is not provided solely through the internet.

128216

(b) It includes hands-on training provided by a first aid	128217
instructor who is qualified to provide such training according to	128218
standards set in rules adopted under section ~~5111.8811~~5166.02 of	128219
the Revised Code.	128220

(c) It requires the individual to demonstrate successfully	128221
that the individual has learned the first aid taught in the	128222
course.	128223

(3) That the individual meets any other requirements for the	128224
medicaid provider agreement specified in rules adopted under	128225
section ~~5111.8811~~5166.02 of the Revised Code.	128226

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	128227
not less than twelve hours of in-service continuing education	128228
regarding home care attendant services each year and provide the	128229
appropriate director ~~of job and family services~~ evidence	128230
satisfactory to the appropriate director that the attendant	128231
satisfied this requirement. The evidence shall be submitted to the	128232
appropriate director not later than the annual anniversary of the	128233
issuance of the home care attendant's initial ~~medicaid~~ provider	128234
agreement.	128235

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	128236
of the following:	128237

(A) Maintain a clinical record for each consumer to whom the	128238
attendant provides home care attendant services in a manner that	128239
protects the consumer's privacy;	128240

(B) Participate in a face-to-face visit every ninety days	128241
with all of the following to monitor the health and welfare of	128242
each of the consumers to whom the attendant provides home care	128243
attendant services:	128244

(1) The consumer;

128245

(2) The consumer's authorized representative, if any;

128246

(3) A registered nurse who agrees to answer any questions	128247
that the attendant, consumer, or authorized representative has	128248
about consumer care needs, medications, and other issues.	128249

(C) Document the activities of each visit required by	128250
division (B) of this section in the consumer's clinical record	128251
with the assistance of the registered nurse.	128252

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	128253
a consumer with nursing tasks or self-administration of medication	128254
only after the attendant does both of the following:	128255

(1) Subject to division (B) of this section, completes	128256
consumer-specific training in how to provide the assistance that	128257
the authorizing health care professional authorizes the attendant	128258
to provide to the consumer;	128259

(2) At the request of the consumer, consumer's authorized	128260
representative, or authorizing health care professional,	128261
successfully demonstrates that the attendant has learned how to	128262
provide the authorized assistance to the consumer.	128263

(B) The training required by division (A)(1) of this section	128264
shall be provided by either of the following:	128265

(1) The authorizing health care professional;

128266

(2) The consumer or consumer's authorized representative in	128267
cooperation with the authorizing health care professional.	128268

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	128269
with both of the following when assisting a consumer with nursing	128270
tasks or self-administration of medication:	128271

(A) The written consent of the consumer or consumer's	128272
authorized representative provided to the appropriate director of	128273
~~job and family services~~ under section ~~5111.886~~5166.306 of the	128274
Revised Code;	128275

(B) The authorizing health care professional's written	128276
authorization provided to the appropriate director under section	128277
~~5111.887~~5166.307 of the Revised Code.	128278

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	128279
assisting a consumer with nursing tasks or self-administration of	128280
medication, the consumer or consumer's authorized representative	128281
shall provide the appropriate director ~~of job and family services~~	128282
a written statement signed by the consumer or authorized	128283
representative under which the consumer or authorized	128284
representative consents to both of the following:	128285

(A) Having the attendant assist the consumer with nursing	128286
tasks or self-administration of medication;	128287

(B) Assuming responsibility for directing the attendant when	128288
the attendant assists the consumer with nursing tasks or	128289
self-administration of medication.	128290

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	128291
to assist a consumer with nursing tasks or self-administration of	128292
medication, a health care professional shall provide the	128293
appropriate director ~~of job and family services~~ a written	128294
statement signed by the health care professional that includes all	128295
of the following:	128296

(A) The consumer's name and address;

128297

(B) A description of the nursing tasks or self-administration	128298
of medication with which the attendant is to assist the consumer,	128299
including, in the case of assistance with self-administration of	128300
medication, the name and dosage of the medication;	128301

(C) The times or intervals when the attendant is to assist	128302
the consumer with the self-administration of each dosage of the	128303
medication or nursing tasks;	128304

(D) The dates the attendant is to begin and cease providing	128305
the assistance;	128306

(E) A list of severe adverse reactions the attendant must	128307
report to the health care professional should the consumer	128308
experience one or more of the reactions;	128309

(F) At least one telephone number at which the attendant can	128310
reach the health care professional in an emergency;	128311

(G) Instructions the attendant is to follow when assisting	128312
the consumer with nursing tasks or self-administration of	128313
medication, including instructions for maintaining sterile	128314
conditions and for storage of task-related equipment and supplies;	128315

(H) The health care professional's attestation of both of the	128316
following:	128317

(1) That the consumer or consumer's authorized representative	128318
has demonstrated to the health care professional the ability to	128319
direct the attendant;	128320

(2) That the attendant has demonstrated to the health care	128321
professional the ability to provide the consumer assistance with	128322
nursing tasks or self-administration of medication that the health	128323
care professional has specifically authorized the attendant to	128324
provide and that the consumer or consumer's authorized	128325
representative has indicated to the health care professional that	128326
the consumer or authorized representative is satisfied with the	128327
attendant's demonstration.	128328

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	128329
attendant to assist a consumer with nursing tasks or	128330
self-administration of medication, a health care professional may	128331
not authorize a home care attendant to do any of the following:	128332

(A) Perform a task that is outside of the health care	128333
professional's scope of practice;	128334

(B) Assist the consumer with the self-administration of a	128335
medication, including a schedule II, schedule III, schedule IV, or	128336
schedule V drug unless both of the following apply:	128337

(1) The medication is administered orally, topically, or via	128338
a gastrostomy tube or jejunostomy tube, including through any of	128339
the following:	128340

(a) In the case of an oral medication, a metered dose	128341
inhaler;	128342

(b) In the case of a topical medication, including a	128343
transdermal medication, either of the following:	128344

(i) An eye, ear, or nose drop or spray;

128345

(ii) A vaginal or rectal suppository.

128346

(c) In the case of a gastrostomy tube or jejunostomy tube,	128347
only through a pre-programmed pump.	128348

(2) The medication is in its original container and the label	128349
attached to the container displays all of the following:	128350

(a) The consumer's full name in print;

128351

(b) The medication's dispensing date, which must not be more	128352
than twelve months before the date the attendant assists the	128353
consumer with self-administration of the medication;	128354

(c) The exact dosage and means of administration that match	128355
the health care professional's authorization to the attendant.	128356

(C) Assist the consumer with the self-administration of a	128357
schedule II, schedule III, schedule IV, or schedule V medication	128358
unless, in addition to meeting the requirements of division (B) of	128359
this section, all of the following apply:	128360

(1) The medication has a warning label on its container.

128361

(2) The attendant counts the medication in the consumer's or	128362
authorized representative's presence when the medication is	128363
administered to the consumer and records the count on a form used	128364
for the count as specified in rules adopted under section	128365
~~5111.8811~~5166.02 of the Revised Code.	128366

(3) The attendant recounts the medication in the consumer's	128367
or authorized representative's presence at least monthly and	128368
reconciles the recount on a log located in the consumer's clinical	128369
record.	128370

(4) The medication is stored separately from all other	128371
medications and is secured and locked at all times when not being	128372
administered to the consumer to prevent unauthorized access.	128373

(D) Perform an intramuscular injection;

128374

(E) Perform a subcutaneous injection unless it is for a	128375
routine dose of insulin;	128376

(F) Program a pump used to deliver a medication unless the	128377
pump is used to deliver a routine dose of insulin;	128378

(G) Insert, remove, or discontinue an intravenous access	128379
device;	128380

(H) Engage in intravenous medication administration;

128381

(I) Insert or initiate an infusion therapy;

128382

(J) Perform a central line dressing change.

128383

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	128384
home care attendant services to a consumer in accordance with the	128385
authorizing health care professional's authorization does not	128386
engage in the practice of nursing as a registered nurse or in the	128387
practice of nursing as a licensed practical nurse in violation of	128388
section 4723.03 of the Revised Code.	128389

A consumer or the consumer's authorized representative shall	128390
report to the appropriate director ~~of job and family services~~ if a	128391
home care attendant engages in the practice of nursing as a	128392
registered nurse or the practice of nursing as a licensed	128393
practical nurse beyond the authorizing health care professional's	128394
authorization. The appropriate director shall forward a copy of	128395
each report to the board of nursing.	128396

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	128397
select an individual to act on the consumer's behalf for purposes	128398
regarding home care attendant services by submitting a written	128399
notice of the consumer's selection of an authorized representative	128400
to the appropriate director ~~of job and family services~~. The	128401
notice shall specifically identify the individual the consumer	128402
selects as authorized representative and may limit what the	128403
authorized representative may do on the consumer's behalf	128404
regarding home care attendant services. A consumer may not select	128405
the consumer's home care attendant to be the consumer's authorized	128406
representative.	128407

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

128408

~~(1) "Home and community-based services medicaid waiver~~	128409
~~component" has the same meaning as in section 5111.85 of the~~	128410
~~Revised Code.~~	128411

~~(2) "Nursing facility" has the same meaning as in section~~	128412
~~5111.20 of the Revised Code.~~	128413

~~(B) To the extent funds are available, the~~The medicaid	128414
director ~~of job and family services~~ may establish the Ohio access	128415
success project to help medicaid recipients make the transition	128416
from residing in a nursing ~~facility~~facilities to residing in a	128417
community ~~setting~~settings. The project may be established as a	128418
separate nonmedicaid program or integrated into a new or existing	128419
home and community-based services medicaid waiver component. The	128420
director shall permit any medicaid recipient ~~of medicaid-funded~~	128421
receiving nursing facility services to apply for participation in	128422
the project, but may limit the number of project participants.	128423

The director shall ensure that an assessment of an applicant	128424
is conducted as soon as practicable to determine whether the	128425
applicant is eligible for participation in the project. To the	128426
maximum extent possible, the assessment and eligibility	128427
determination shall be completed not later than the date that	128428
occurs six months after the applicant ~~became a recipient of~~	128429
~~medicaid-funded~~begins to receive nursing facility services.	128430

~~(C)~~(B) To be eligible for benefits under the project, a	128431
medicaid recipient must satisfy all of the following requirements:	128432

(1) The medicaid recipient must be ~~a recipient of~~	128433
~~medicaid-funded~~receiving nursing facility services, at the time	128434
of applying for the project benefits.	128435

(2) If the project is established as a nonmedicaid program,	128436
the medicaid recipient must be able to remain in the community as	128437
a result of receiving project benefits and the projected cost of	128438
the benefits to the project does not exceed eighty per cent of the	128439
average monthly medicaid cost of a medicaid recipient in a nursing	128440
facility.	128441

(3) If the project is integrated into a home and	128442
community-based services medicaid waiver component, the medicaid	128443
recipient must meet the waiver component's enrollment criteria.	128444

~~(D)~~(C) If the director establishes the Ohio access success	128445
project, the benefits provided under the project may include	128446
payment of all of the following:	128447

(1) The first month's rent in a community setting;

128448

(2) Rental deposits;

128449

(3) Utility deposits;

128450

(4) Moving expenses;

128451

(5) Other expenses not covered by the medicaid program that	128452
facilitate a medicaid recipient's move from a nursing facility to	128453
a community setting.	128454

~~(E)~~(D) If the project is established as a nonmedicaid	128455
program, no participant may receive more than two thousand	128456
dollars' worth of benefits under the project.	128457

~~(F)~~(E) If the department of ~~job and family services~~medicaid	128458
enters into a contract with an entity to provide fiscal management	128459
services regarding the project, the contract may provide for a	128460
portion of a participant's benefits under the project to be paid	128461
to the contracting entity. The contract shall specify the portion	128462
to be paid to the contracting entity.	128463

~~(G) The director may submit a request to the United States~~	128464
~~secretary of health and human services pursuant to section 1915 of~~	128465
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	128466
~~as amended, to create a home and community-based services medicaid~~	128467
~~waiver component to serve individuals who meet the criteria for~~	128468
~~participation in the Ohio access success project.~~	128469

~~(H)~~(F) The director may adopt rules in accordance with	128470
Chapter 119. of the Revised Code for the administration and	128471
operation of the project. If the project is integrated into a home	128472
and community-based services medicaid waiver component, the rules	128473
shall be adopted under section ~~5111.85~~5166.02 of the Revised	128474
Code.	128475

Sec. 5167.01. As used in this chapter:

128476

(A) "Controlled substance" has the same meaning as in section	128477
3719.01 of the Revised Code.	128478

(B) "Dual eligible individual" has the same meaning as in	128479
section 5160.01 of the Revised Code.	128480

(C) "Emergency services" has the same meaning as in the	128481
"Social Security Act," section 1932(b)(2), 42 U.S.C.	128482
1396u-2(b)(2).	128483

(D) "Home and community-based services medicaid waiver	128484
component" has the same meaning as in section 5166.01 of the	128485
Revised Code.	128486

(E) "Medicaid managed care organization" means a managed care	128487
organization under contract with the department of medicaid	128488
pursuant to section 5167.10 of the Revised Code.	128489

(F) "Medicaid waiver component" has the same meaning as in	128490
section 5166.01 of the Revised Code.	128491

(G) "Nursing facility" has the same meaning as in section	128492
5165.01 of the Revised Code.	128493

(H) "Prescribed drug" has the same meaning as in section	128494
5164.01 of the Revised Code.	128495

(I) "Provider" means any person or government entity that	128496
furnishes services to a medicaid recipient enrolled in a medicaid	128497
managed care organization, regardless of whether the person or	128498
entity has a provider agreement.	128499

(J) "Provider agreement" has the same meaning as in section	128500
5164.01 of the Revised Code.	128501

Sec. 5167.02. The medicaid director shall adopt rules as	128502
necessary to implement this chapter. The rules shall be adopted in	128503
accordance with Chapter 119. of the Revised Code.	128504

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	128505
the department of ~~job and family services~~medicaid shall establish	128506
a care management system. ~~The department shall submit, if~~	128507
~~necessary, applications to the United States department of health~~	128508
~~and human services for waivers of federal medicaid requirements~~	128509
~~that would otherwise be violated in the implementation of the~~	128510
~~system.~~	128511

(B) The department shall implement the care management system	128512
in some or all counties and shall designate the medicaid	128513
recipients who are required or permitted to participate in the	128514
system. In the department's implementation of the system and	128515
designation of participants, all of the following apply:	128516

(1) In the case of individuals who receive medicaid on the	128517
basis of being included in the category identified by the	128518
department as covered families and children, the department shall	128519
implement the care management system in all counties. All	128520
individuals included in the category shall be designated for	128521
participation, except for individuals included in one or more of	128522
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	128523
The department shall ensure that all participants are enrolled in	128524
medicaid managed care organizations that are health insuring	128525
corporations ~~under contract with the department pursuant to~~	128526
~~section 5111.17 of the Revised Code~~.	128527

(2) In the case of individuals who receive medicaid on the	128528
basis of being aged, blind, or disabled, ~~as specified in division~~	128529
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	128530
shall implement the care management system in all counties. Except	128531
as provided in division (C) of this section, all individuals	128532
included in the category shall be designated for participation.	128533
The department shall ensure that all participants are enrolled in	128534
medicaid managed care organizations that are health insuring	128535
corporations ~~under contract with the department pursuant to~~	128536
~~section 5111.17 of the Revised Code~~.	128537

(3) Alcohol, drug addiction, and mental health services	128538
covered by medicaid shall not be included in any component of the	128539
care management system when the nonfederal share of the cost of	128540
those services is provided by a board of alcohol, drug addiction,	128541
and mental health services or a state agency other than the	128542
department of ~~job and family services~~medicaid, but the recipients	128543
of those services may otherwise be designated for participation in	128544
the system.	128545

(C)(1) In designating participants who receive medicaid on	128546
the basis of being aged, blind, or disabled, the department shall	128547
not include any of the following, except as provided under	128548
division (C)(2) of this section:	128549

(a) Individuals who are under twenty-one years of age;

128550

(b) Individuals who are institutionalized;

128551

(c) Individuals who become eligible for medicaid by spending	128552
down their income or resources to a level that meets the medicaid	128553
program's financial eligibility requirements;	128554

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	128555
~~medicaid program and the medicare program established under Title~~	128556
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	128557
~~1395, as amended~~individuals;	128558

(e) Individuals to the extent that they are receiving	128559
medicaid services through a medicaid waiver component~~, as defined~~	128560
~~in section 5111.85 of the Revised Code~~.	128561

(2) ~~If any necessary waiver of federal medicaid requirements~~	128562
~~is granted, the~~The department may designate any of the following	128563
individuals who receive medicaid on the basis of being aged,	128564
blind, or disabled as individuals who are permitted or required to	128565
participate in the care management system:	128566

(a) Individuals who are under twenty-one years of age;

128567

(b) Individuals who reside in a nursing facility~~, as defined~~	128568
~~in section 5111.20 of the Revised Code~~;	128569

(c) Individuals who, as an alternative to receiving nursing	128570
facility services, are participating in a home and community-based	128571
services medicaid waiver component~~, as defined in section 5111.85~~	128572
~~of the Revised Code~~;	128573

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	128574
~~medicaid program and the medicare program~~individuals.	128575

(D) Subject to division (B) of this section, the department	128576
may do both of the following under the care management system:	128577

(1) Require or permit participants in the system to obtain	128578
health care services from providers designated by the department;	128579

(2) Require or permit participants in the system to obtain	128580
health care services through medicaid managed care organizations	128581
~~under contract with the department pursuant to section 5111.17 of~~	128582
~~the Revised Code~~.	128583

~~(E)(1) The department shall prepare an annual report on the~~	128584
~~care management system. The report shall address the department's~~	128585
~~ability to implement the system, including all of the following~~	128586
~~components:~~	128587

~~(a) The required designation of participants included in the~~	128588
~~category identified by the department as covered families and~~	128589
~~children;~~	128590

~~(b) The required designation of participants included in the~~	128591
~~aged, blind, or disabled category of medicaid recipients;~~	128592

~~(c) The use of any programs for enhanced care management.~~

128593

~~(2) The department shall submit each annual report to the~~	128594
~~general assembly. The first report shall be submitted not later~~	128595
~~than October 1, 2007.~~	128596

~~(F) The director of job and family services may adopt rules~~	128597
~~in accordance with Chapter 119. of the Revised Code to implement~~	128598
~~this section.~~	128599

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

128600

(1) "Children's care network" means any of the following:

128601

(a) A children's hospital;

128602

(b) A group of children's hospitals;

128603

128604

(2) "Children's hospital" has the same meaning as in section	128605
2151.86 of the Revised Code.	128606

(B) If the department of ~~job and family services~~medicaid	128607
includes in the care management system, pursuant to section	128608
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	128609
years of age who are included in the category of individuals who	128610
receive medicaid on the basis of being aged, blind, or disabled,	128611
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	128612
~~Code,~~ the department ~~shall develop a system to~~may recognize	128613
entities as pediatric accountable care organizations. ~~The purpose~~	128614
~~of the recognition system shall be to meet the complex medical and~~	128615
~~behavioral needs of disabled children through new approaches to~~	128616
~~care coordination. The department shall implement the recognition~~	128617
~~system not later than July 1, 2012.~~	128618

An entity recognized by the department as a pediatric	128619
accountable care organization may develop innovative partnerships	128620
between relevant groups and may contract directly or subcontract	128621
with the state to provide care coordination and other services to	128622
the medicaid recipients under twenty-one years of age described in	128623
this division who are permitted or required to participate in the	128624
care management system.	128625

(C)(1) To be recognized by the department as a pediatric	128626
accountable care organization, an entity shall meet the standards	128627
established ~~in rules adopted under this section~~by the department.	128628
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	128629
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	128630
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	128631
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	128632
to those sections, and the laws of this state, the department	128633
shall not require that an entity be a health insuring corporation	128634
as a condition of receiving the department's recognition.	128635

(2) Any of the following entities may receive the	128636
department's recognition, if the standards for recognition have	128637
been met:	128638

(a) A children's care network;

128639

(b) A children's care network that may include one or more	128640
other entities, including, but not limited to, health insuring	128641
corporations or other managed care organizations;	128642

128643

(D) The ~~department~~medicaid director shall consult with all	128644
of the following in adopting rules ~~under~~authorized by division	128645
(E) of this section necessary for an entity to be recognized by	128646
the department as a pediatric accountable care organization:	128647

(1) The superintendent of insurance;

128648

(2) Children's hospitals;

128649

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	128650
~~contract pursuant to section 5111.17 of the Revised Code~~;	128651

(4) Any other relevant entities, as determined necessary by	128652
the department, with interests in pediatric accountable care	128653
organizations.	128654

(E) ~~The department shall adopt rules in accordance with~~	128655
~~Chapter 119. of the Revised Code as necessary to implement this~~	128656
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	128657
Revised Code, the ~~department~~medicaid director shall do all of the	128658
following:	128659

(1) Establish application procedures to be followed by an	128660
entity seeking recognition as a pediatric accountable care	128661
organization;	128662

(2) Ensure that the standards for recognition as a pediatric	128663
accountable care organization are the same as and do not conflict	128664
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	128665
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	128666
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	128667
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	128668
pursuant to those sections;	128669

(3) Establish requirements regarding the access to pediatric	128670
specialty care provided through or by a pediatric accountable care	128671
organization;	128672

(4) Establish accountability and financial requirements for	128673
an entity recognized as a pediatric accountable care organization;	128674

(5) Establish quality improvement initiatives consistent with	128675
any state medicaid quality plan established by the department;	128676

(6) Establish transparency and consumer protection	128677
requirements for an entity recognized as a pediatric accountable	128678
care organization;	128679

(7) Establish a process for sharing data.

128680

(F) This section does not limit the authority of the	128681
department of insurance to regulate the business of insurance in	128682
this state.	128683

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	128684
~~services~~medicaid may enter into contracts with managed care	128685
organizations, including health insuring corporations, under which	128686
the organizations are authorized to provide, or arrange for the	128687
provision of, health care services to ~~medical assistance~~medicaid	128688
recipients who are required or permitted to obtain health care	128689
services through managed care organizations as part of the care	128690
management system established under section ~~5111.16~~5167.03 of the	128691
Revised Code.	128692

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	128693
the department or its actuary shall base the hospital inpatient	128694
capital payment portion of the payment made to managed care	128695
organizations on data for services provided to all recipients	128696
enrolled in managed care organizations with which the department	128697
contracts, as reported by hospitals on relevant cost reports	128698
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	128699
the Revised Code.	128700

(2)(a) The hospital inpatient capital payment portion of the	128701
payment made to medicaid managed care organizations shall not	128702
exceed any maximum rate established by the department pursuant to	128703
rules adopted under this section.	128704

(b) If a maximum rate is established, a medicaid managed care	128705
organization shall not compensate hospitals for inpatient capital	128706
costs in an amount that exceeds that rate.	128707

(C) ~~The director of job and family services may adopt rules~~	128708
~~in accordance with Chapter 119. of the Revised Code to implement~~	128709
~~this section.~~	128710

~~(D)~~ The department of ~~job and family services~~medicaid shall	128711
allow a medicaid managed care organization to use providers to	128712
render care upon completion of the medicaid managed care	128713
organization's credentialing process.	128714

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	128715
~~5111.17~~5167.10 of the Revised Code with a health insuring	128716
corporation that holds a certificate of authority under Chapter	128717
1751. of the Revised Code, the department of ~~job and family~~	128718
~~services~~medicaid shall require the health insuring corporation to	128719
provide a grievance process for medicaid recipients in accordance	128720
with 42 C.F.R. 438, subpart F.	128721

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	128722
~~5111.17~~5167.10 of the Revised Code with a managed care	128723
organization that is a health insuring corporation, the department	128724
of ~~job and family services~~medicaid shall require the health	128725
insuring corporation to provide coverage of ~~prescription~~	128726
prescribed drugs for medicaid recipients enrolled in the health	128727
insuring corporation. In providing the required coverage, the	128728
health insuring corporation may, subject to the department's	128729
approval and the limitations specified in division (B) of this	128730
section, use strategies for the management of drug utilization.	128731

(B) The department shall not permit a health insuring	128732
corporation to impose a prior authorization requirement in the	128733
case of a drug to which all of the following apply:	128734

(1) The drug is an antidepressant or antipsychotic.

128735

(2) The drug is administered or dispensed in a standard	128736
tablet or capsule form, except that in the case of an	128737
antipsychotic, the drug also may be administered or dispensed in a	128738
long-acting injectable form.	128739

(3) The drug is prescribed by either of the following:

128740

(a) A physician whom the health insuring corporation,	128741
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	128742
Code, has credentialed to provide care as a psychiatrist;	128743

(b) A psychiatrist practicing at a community mental health	128744
~~agency~~services provider certified by the department of ~~mental~~	128745
~~health~~mental health and addiction services under section	128746
~~5119.611~~5119.36 of the Revised Code.	128747

(4) The drug is prescribed for a use that is indicated on the	128748
drug's labeling, as approved by the federal food and drug	128749
administration.	128750

(C) ~~As used in this division, "controlled substance" has the~~	128751
~~same meaning as in section 3719.01 of the Revised Code.~~	128752

The department shall permit a health insuring corporation to	128753
develop and implement a pharmacy utilization management program	128754
under which prior authorization through the program is established	128755
as a condition of obtaining a controlled substance pursuant to a	128756
prescription.	128757

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	128758
~~and family services~~medicaid enters into with a managed care	128759
organization under section ~~5111.17~~5167.10 of the Revised Code	128760
shall require the managed care organization to implement a	128761
coordinated services program for medicaid recipients enrolled in	128762
the organization who are found to have obtained ~~prescription~~	128763
prescribed drugs under the medicaid program at a frequency or in	128764
an amount that is not medically necessary. The program shall be	128765
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	128766
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	128767
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	128768
431.54(e).	128769

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	128770
~~and family services~~medicaid enters into with a managed care	128771
organization under section ~~5111.17~~5167.10 of the Revised Code	128772
shall require the managed care organization to enter into a data	128773
security agreement with the state board of pharmacy governing the	128774
managed care organization's use of the board's drug database	128775
established and maintained under section 4729.75 of the Revised	128776
Code.	128777

This section does not apply if the board no longer maintains	128778
the drug database.	128779

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

128780

~~(1) "Emergency services" has the same meaning as in section~~	128781
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	128782
~~U.S.C. 1396u-2(b)(2), as amended.~~	128783

~~(2) "Medicaid managed care organization" means a managed care~~	128784
~~organization that has entered into a contract with the department~~	128785
~~of job and family services pursuant to section 5111.17 of the~~	128786
~~Revised Code.~~	128787

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	128788
when a participant in the care management system established under	128789
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	128790
medicaid managed care organization and the organization refers the	128791
participant to receive services, other than emergency services	128792
provided on or after January 1, 2007, at a hospital that	128793
participates in the medicaid program but is not under contract	128794
with the organization, the hospital shall provide the service for	128795
which the referral was made and shall accept from the	128796
organization, as payment in full, the amount derived from the	128797
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	128798
other hospitals of the same type for providing the same service to	128799
a medicaid recipient who is not enrolled in a medicaid managed	128800
care organization.	128801

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	128802
section if all of the following are the case:	128803

(1) The hospital is located in a county in which participants	128804
in the care management system are required before January 1, 2006,	128805
to be enrolled in a medicaid managed care organization that is a	128806
health insuring corporation;	128807

(2) The hospital has entered into a contract before January	128808
1, 2006, with at least one health insuring corporation serving the	128809
participants specified in division ~~(C)~~(B)(1) of this section;	128810

(3) The hospital remains under contract with at least one	128811
health insuring corporation serving participants in the care	128812
management system who are required to be enrolled in a health	128813
insuring corporation.	128814

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	128815
adopt rules under section 5167.02 of the Revised Code specifying	128816
the circumstances under which a medicaid managed care organization	128817
is permitted to refer a participant in the care management system	128818
to a hospital that is not under contract with the organization.	128819
~~The director may adopt any other rules necessary to implement this~~	128820
~~section. All rules adopted under this section shall be adopted in~~	128821
~~accordance with Chapter 119. of the Revised Code.~~	128822

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

128823

~~(1) "Emergency services" has the same meaning as in section~~	128824
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	128825
~~U.S.C. 1396u-2(b)(2), as amended.~~	128826

~~(2) "Medicaid managed care organization" has the same meaning~~	128827
~~as in section 5111.162 of the Revised Code.~~	128828

~~(3) "Provider" means any person, institution, or entity that~~	128829
~~furnishes emergency services to a medicaid recipient enrolled in a~~	128830
~~medicaid managed care organization, regardless of whether the~~	128831
~~person, institution, or entity has a provider agreement with the~~	128832
~~department of job and family services pursuant to Title XIX of the~~	128833
~~"Social Security Act."~~	128834

~~(B)~~ When a participant in the care management system	128835
established under ~~section 5111.16 of the Revised Code~~this chapter	128836
is enrolled in a medicaid managed care organization and receives	128837
emergency services on or after January 1, 2007, from a provider	128838
that is not under contract with the organization, the provider	128839
shall accept from the organization, as payment in full, not more	128840
than the amounts (less any payments for indirect costs of medical	128841
education and direct costs of graduate medical education) that the	128842
provider could collect if the participant received medicaid other	128843
than through enrollment in a managed care organization.	128844

An agreement entered into by a participant, a participant's	128845
parent, or a participant's legal guardian that requires payment	128846
for emergency services in violation of this section is void and	128847
unenforceable.	128848

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

128849

(1) "Covered skilled nursing facility services" has the same	128850
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	128851
U.S.C. 1395yy(e)(2)(A).	128852

(2) "Current medicare fee-for-service rate" means the	128853
fee-for-service rate in effect for a covered skilled nursing	128854
facility service under medicare at the time the service is	128855
provided.	128856

(3) "Skilled nursing facility" has the same meaning as in the	128857
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	128858

(B) Except as provided in division (C) of this section, a	128859
medicaid managed care organization shall pay a skilled nursing	128860
facility at least the current medicare fee-for-service rate,	128861
without deduction for any coinsurance, for covered skilled nursing	128862
facility services that the skilled nursing facility provides to a	128863
dual eligible individual if the medicaid managed care organization	128864
is responsible for the payment under the terms of a contract that	128865
the medicaid managed care organization, ~~medical assistance~~	128866
medicaid director, and United States secretary of health and human	128867
services jointly enter into under the integrated care delivery	128868
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	128869

(C) A medicaid managed care organization is required to pay	128870
the rate specified in division (B) of this section for covered	128871
skilled nursing facility services only if all of the following	128872
apply:	128873

(1) The United States secretary agrees to the payment rate as	128874
part of the contract that the medicaid managed care organization,	128875
~~medical assistance~~medicaid director, and United States secretary	128876
jointly enter into under the integrated care delivery system;	128877

(2) The medicaid managed care organization receives a federal	128878
capitation payment that is an actuarially sufficient amount for	128879
the costs that the medicaid managed care organization incurs in	128880
paying the rate;	128881

(3) No state funds are used for any part of the costs that	128882
the medicaid managed care organization incurs in paying the rate;	128883

(4) The integrated care delivery system provides for dual	128884
eligible individuals to receive the covered skilled nursing	128885
facility services as part of the system.	128886

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	128887
~~family services~~ shall determine whether a waiver of federal	128888
medicaid requirements is necessary to fulfill the requirements of	128889
section 3901.3814 of the Revised Code. If the director determines	128890
a waiver is necessary, the department of ~~job and family services~~	128891
medicaid shall apply to the United States secretary of health and	128892
human services for the waiver.	128893

(B)(1) If the director determines that section 3901.3814 of	128894
the Revised Code can be implemented without a waiver or a waiver	128895
is granted, the department shall notify the department of	128896
insurance that the section can be implemented. Implementation of	128897
the section shall be effective eighteen months after the notice is	128898
sent.	128899

(2) At the time the notice is given under division (B)(1) of	128900
this section, the department shall also give notice to each health	128901
insuring corporation that provides coverage to medicaid	128902
recipients. The notice shall inform the corporation that sections	128903
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	128904
claims for services rendered to recipients on the date determined	128905
under division (B)(1) of this section, instead of the prompt	128906
payment requirements of 42 C.F.R. 447.46. That date shall be	128907
specified in the notice.	128908

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	128909
amount the department of ~~job and family services~~medicaid pays	128910
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	128911
the amount of disproportionate share hospital payments paid by the	128912
medicare program ~~established under Title XVIII of~~pursuant to the	128913
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	128914
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	128915
~~contract with the department pursuant to section 5111.17 of the~~	128916
~~Revised Code authorizing the organization to provide, or arrange~~	128917
~~for the provision of, hospital services to medicaid recipients~~	128918
shall keep detailed records for each hospital with which it	128919
contracts ~~about~~, including records regarding the cost to the	128920
hospital of providing ~~the~~hospital services for the organization,	128921
payments made by the organization to the hospital for the	128922
services, utilization of hospital services by medicaid recipients	128923
enrolled in the organization, and other utilization data required	128924
by the department.	128925

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	128926
~~family services~~medicaid shall establish a managed care	128927
performance payment program. Under the program, the department may	128928
provide payments to medicaid managed care organizations ~~under~~	128929
~~contract with the department pursuant to section 5111.17 of the~~	128930
~~Revised Code~~ that meet performance standards established by the	128931
department.	128932

(2) In establishing performance standards, the department may	128933
consult any of the following:	128934

(a) Any quality measurements developed under the pediatric	128935
quality measures program established pursuant to the "Social	128936
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	128937

(b) Any core set of adult health quality measures for	128938
medicaid eligible adults used for purposes of the "Social Security	128939
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	128940
quality used for purposes of the medicaid quality measurement	128941
program when the program is established under ~~42 U.S.C. 1320b-9b~~	128942
that section of the "Social Security Act";	128943

(c) The most recent healthcare effectiveness data and	128944
information set and quality measurement tool established by the	128945
national committee for quality assurance.	128946

(3) The standards that must be met to receive the payments	128947
may be specified in the contract the department enters into with a	128948
medicaid managed care organization.	128949

(4) If a medicaid managed care organization meets the	128950
performance standards established by the department, the	128951
department shall make one or more performance payments to the	128952
organization. The amount of each performance payment, the number	128953
of payments, and the schedule for making the payments shall be	128954
established by the department. The payments shall be discontinued	128955
if the department determines that the organization no longer meets	128956
the performance standards. The department shall not make or	128957
discontinue payments based on any performance standard that has	128958
been in effect as part of the organization's contract for less	128959
than six months.	128960

(B) For purposes of the program, the department shall	128961
establish an amount that is to be withheld each time a premium	128962
payment is made to a medicaid managed care organization. The	128963
amount shall be established as a percentage of each premium	128964
payment. The percentage shall be the same for all medicaid managed	128965
care organizations ~~under contract with the department~~. The sum of	128966
all withholdings under this division shall not exceed ~~one~~two per	128967
cent of the total of all premium payments made to all medicaid	128968
managed care organizations ~~under contract with the department~~.	128969

Each medicaid managed care organization shall agree to the	128970
withholding as a condition of receiving or maintaining its	128971
~~medicaid~~ provider agreement with the department.	128972

When the amount is established and each time the amount is	128973
modified thereafter, the department shall certify the amount to	128974
the director of budget and management and begin withholding the	128975
amount from each premium the department pays to a medicaid managed	128976
care organization.	128977

~~(C) There is hereby created in the state treasury the managed~~	128978
~~care performance payment fund. The fund shall consist of amounts~~	128979
~~transferred to it by the director of budget and management for the~~	128980
~~purpose of the program. All investment earnings of the fund shall~~	128981
~~be credited to the fund. Amounts in the fund shall be used solely~~	128982
~~to make performance payments to managed care organizations in~~	128983
~~accordance with this section.~~	128984

~~(D) The department may adopt rules as necessary to implement~~	128985
~~this section. The rules shall be adopted in accordance with~~	128986
~~Chapter 119. of the Revised Code.~~	128987

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	128988
~~services~~medicaid may provide financial incentive awards to	128989
medicaid managed care organizations ~~under contract with the~~	128990
~~department pursuant to section 5111.17 of the Revised Code~~ that	128991
meet or exceed performance standards specified in provider	128992
agreements or rules adopted by the ~~department~~medicaid director	128993
under section 5167.02 of the Revised Code. The department may	128994
specify in a contract with a medicaid managed care organization	128995
the amounts of financial incentive awards, methodology for	128996
distributing awards, types of awards, and standards for	128997
administration by the department.	128998

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	128999
~~services~~medicaid shall appoint a temporary manager for a	129000
medicaid managed care organization ~~under contract with the~~	129001
~~department pursuant to section 5111.17 of the Revised Code~~ if the	129002
department determines that the medicaid managed care organization	129003
has repeatedly failed to meet substantive requirements specified	129004
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	129005
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	129006
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	129007
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	129008
manager does not preclude the department from imposing other	129009
sanctions available to the department against the medicaid managed	129010
care organization.	129011

The medicaid managed care organization shall pay all costs of	129012
having the temporary manager perform the temporary manager's	129013
duties, including all costs the temporary manager incurs in	129014
performing those duties. If the temporary manager incurs costs or	129015
liabilities on behalf of the medicaid managed care organization,	129016
the medicaid managed care organization shall pay those costs and	129017
be responsible for those liabilities.	129018

The appointment of a temporary manager is not subject to	129019
Chapter 119. of the Revised Code, but the managed care	129020
organization may request a reconsideration of the appointment.	129021
Reconsiderations shall be requested and conducted in accordance	129022
with rules the ~~director of job and family services~~medicaid	129023
director shall adopt ~~in accordance with Chapter 119. of~~under	129024
section 5167.02 of the Revised Code.	129025

The appointment of a temporary manager does not cause the	129026
medicaid managed care organization to lose the right to appeal, in	129027
accordance with Chapter 119. of the Revised Code, any proposed	129028
termination or any decision not to ~~renew~~revalidate the medicaid	129029
managed care organization's ~~medicaid~~ provider agreement or the	129030
right to initiate the sale of the medicaid managed care	129031
organization or its assets.	129032

~~In addition to the rules required to be adopted under this~~	129033
~~section, the director may adopt any other rules necessary to~~	129034
~~implement this section. The rules shall be adopted in accordance~~	129035
~~with Chapter 119. of the Revised Code.~~	129036

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	129037
~~services~~medicaid may disenroll some or all medicaid recipients	129038
enrolled in a medicaid managed care organization ~~under contract~~	129039
~~with the department pursuant to section 5111.17 of the Revised~~	129040
~~Code~~ if the department proposes to terminate or not to renew the	129041
contract and determines that the recipients' access to medically	129042
necessary services is jeopardized by the proposal to terminate or	129043
not to renew the contract. The disenrollment is not subject to	129044
Chapter 119. of the Revised Code, but the medicaid managed care	129045
organization may request a reconsideration of the disenrollment.	129046
Reconsiderations shall be requested and conducted in accordance	129047
with rules the medicaid director ~~of job and family services~~ shall	129048
adopt ~~in accordance with Chapter 119.~~under section 5167.02 of the	129049
Revised Code. The request for, or conduct of, a reconsideration	129050
regarding a proposed disenrollment shall not delay the	129051
disenrollment.	129052

~~In addition to the rules required to be adopted under this~~	129053
~~section, the director may adopt any other rules necessary to~~	129054
~~implement this section. The rules shall be adopted in accordance~~	129055
~~with Chapter 119. of the Revised Code.~~	129056

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	129057
~~5112.21~~5168.14 of the Revised Code:	129058

(A) "Bad debt," "charity care," "courtesy care," and	129059
"contractual allowances" have the same meanings given these terms	129060
in regulations adopted under Title XVIII of the "Social Security	129061
Act," 42 U.S.C. 1395 et seq.	129062

(B) "Cost reporting period" means the twelve-month period	129063
used by a hospital in reporting costs for purposes of Title XVIII	129064
of the "Social Security Act," 42 U.S.C. 1395 et seq.	129065

(C) "Disproportionate share hospital" means a hospital that	129066
meets the definition of a disproportionate share hospital in rules	129067
adopted under section 5168.02 of the Revised Code.	129068

(D) "Federal poverty line" means the official poverty line	129069
defined by the United States office of management and budget based	129070
on the most recent data available from the United States bureau of	129071
the census and revised by the United States secretary of health	129072
and human services pursuant to the "Omnibus Budget Reconciliation	129073
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	129074

(E) "Governmental hospital" means a county hospital with more	129075
than five hundred registered beds or a state-owned and -operated	129076
hospital with more than five hundred registered beds.	129077

(F)(1) "Hospital" means a nonfederal hospital to which either	129078
of the following applies:	129079

(a) The hospital is registered under section 3701.07 of the	129080
Revised Code as a general medical and surgical hospital or a	129081
pediatric general hospital, and provides inpatient hospital	129082
services, as defined in 42 C.F.R. 440.10;	129083

(b) The hospital is recognized under the medicare program	129084
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	129085
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	129086
is exempt from the medicare prospective payment system.	129087

(2) "Hospital" does not include a hospital operated by a	129088
health insuring corporation that has been issued a certificate of	129089
authority under section 1751.05 of the Revised Code or a hospital	129090
that does not charge patients for services.	129091

~~(2) "Disproportionate share hospital" means a hospital that~~	129092
~~meets the definition of a disproportionate share hospital in rules~~	129093
~~adopted under section 5112.03 of the Revised Code.~~	129094

~~(B) "Bad debt," "charity care," "courtesy care," and~~	129095
~~"contractual allowances" have the same meanings given these terms~~	129096
~~in regulations adopted under Title XVIII of the "Social Security~~	129097
~~Act."~~	129098

~~(C) "Cost reporting period" means the twelve-month period~~	129099
~~used by a hospital in reporting costs for purposes of Title XVIII~~	129100
~~of the "Social Security Act."~~	129101

~~(D) "Governmental hospital" means a county hospital with more~~	129102
~~than five hundred registered beds or a state-owned and -operated~~	129103
~~hospital with more than five hundred registered beds.~~	129104

~~(E)~~(G) "Indigent care pool" means the sum of the following:

129105

(1) The total of assessments to be paid in a program year by	129106
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	129107
less the assessments deposited into the legislative budget	129108
services fund under section ~~5112.19~~5168.12 of the Revised Code	129109
and into the health care services administration fund created	129110
under section ~~5111.94~~5162.54 of the Revised Code;	129111

(2) The total amount of intergovernmental transfers required	129112
to be made in the same program year by governmental hospitals	129113
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	129114
of transfers deposited into the legislative budget services fund	129115
under section ~~5112.19~~5168.12 of the Revised Code and into the	129116
health care services administration fund created under section	129117
~~5111.94~~5162.54 of the Revised Code;	129118

(3) The total amount of federal matching funds that will be	129119
made available in the same program year as a result of funds	129120
distributed by the department of ~~job and family services~~medicaid	129121
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	129122

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	129123
money by a governmental hospital under section ~~5112.07~~5168.07 of	129124
the Revised Code.	129125

~~(G) "Medical assistance program" means the program of medical~~	129126
~~assistance established under section 5111.01 of the Revised Code~~	129127
~~and Title XIX of the "Social Security Act."~~	129128

~~(H)~~(I) "Medicaid services" has the same meaning as in section	129129
5164.01 of the Revised Code.	129130

(J) "Program year" means a period beginning the first day of	129131
October, or a later date designated in rules adopted under section	129132
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	129133
of September, or an earlier date designated in rules adopted under	129134
that section.	129135

~~(I)~~(K) "Registered beds" means the total number of hospital	129136
beds registered with the department of health, as reported in the	129137
most recent "directory of registered hospitals" published by the	129138
department of health.	129139

~~(J)~~(L) "Third-party payer" means any person or government	129140
entity that may be liable by law or contract to make payment to or	129141
on behalf of an individual for health care services. "Third-party	129142
payer" does not include a hospital.	129143

(M) "Total facility costs" means the total costs for all	129144
services rendered to all patients, including the direct, indirect,	129145
and overhead cost to the hospital of all services, supplies,	129146
equipment, and capital related to the care of patients, regardless	129147
of whether patients are enrolled in a health insuring corporation,	129148
excluding costs associated with providing skilled nursing services	129149
in distinct-part nursing facility units, as shown on the	129150
hospital's cost report filed under section ~~5112.04~~5168.05 of the	129151
Revised Code. Effective October 1, 1993, if rules adopted under	129152
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	129153
facility costs" may exclude costs associated with providing care	129154
to recipients of any of the governmental programs listed in	129155
division (B) of that section.	129156

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

129157

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	129158
~~services shall adopt, and may amend and rescind,~~medicaid director	129159
shall adopt rules in accordance with Chapter 119. of the Revised	129160
Code for the purpose of administering sections ~~5112.01~~5168.01 to	129161
~~5112.21~~5168.14 of the Revised Code, including rules that do all	129162
of the following:	129163

(1) Define as a "disproportionate share hospital" any	129164
hospital included under ~~subsection (b) of section 1923 of~~ the	129165
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	129166
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	129167
director determines appropriate;	129168

(2) Prescribe the form for submission of cost reports under	129169
section ~~5112.04~~5168.05 of the Revised Code;	129170

(3) Establish, in accordance with division (A) of section	129171
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	129172
to be applied to hospitals under that section;	129173

(4) Establish schedules for hospitals to pay installments on	129174
their assessments under section ~~5112.06~~5168.06 of the Revised	129175
Code and for governmental hospitals to pay installments on their	129176
intergovernmental transfers under section ~~5112.07~~5168.07 of the	129177
Revised Code;	129178

(5) Establish procedures to notify hospitals of adjustments	129179
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	129180
Revised Code in the amount of installments on their assessment;	129181

(6) Establish procedures to notify hospitals of adjustments	129182
made under division (D) of section ~~5112.09~~5168.08 of the Revised	129183
Code in the total amount of their assessment and to adjust for the	129184
remainder of the program year the amount of the installments on	129185
the assessments;	129186

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	129187
the Revised Code, the methodology for paying hospitals under that	129188
section.	129189

The director shall consult with hospitals when adopting the	129190
rules required by divisions (A)(4) and (5) of this section in	129191
order to minimize hospitals' cash flow difficulties.	129192

(B) Rules adopted under this section may provide that "total	129193
facility costs" excludes costs associated with any of the	129194
following:	129195

(1) ~~Recipients of the medical assistance program~~Medicaid	129196
recipients;	129197

(2) Recipients of disability financial assistance provided	129198
under Chapter 5115. of the Revised Code;	129199

(3) Recipients of the program for medically handicapped	129200
children established under section 3701.023 of the Revised Code;	129201

(4) ~~Recipients of the medicare program established under~~	129202
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	129203
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	129204

(5) Recipients of Title V of the "Social Security Act," 42	129205
U.S.C. 701 et seq.,;	129206

(6) Any other category of costs deemed appropriate by the	129207
director in accordance with Title XIX of the "Social Security	129208
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	129209
title.	129210

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	129211
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	129212
as the United States health care financing administration	129213
determines that the assessment imposed under section ~~5112.06~~	129214
5168.06 of the Revised Code is a permissible health care-related	129215
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	129216
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	129217
~~amended~~. Whenever the department of ~~job and family services~~	129218
medicaid is informed that the assessment is an impermissible	129219
health care-related tax, the department shall promptly refund to	129220
each hospital the amount of money currently in the hospital care	129221
assurance program fund created by section ~~5112.18~~5168.11 of the	129222
Revised Code that has been paid by the hospital under section	129223
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	129224
investment earnings on that amount.	129225

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	129226
~~services~~medicaid shall operate the hospital care assurance	129227
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	129228
of the Revised Code on a program year basis. The department shall	129229
complete all program requirements on or before the thirtieth day	129230
of September each year.	129231

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	129232
of this section, each hospital, on or before the first day of July	129233
of each year or at a later date approved by the medicaid director	129234
~~of job and family services~~, shall submit to the department of ~~job~~	129235
~~and family services~~medicaid a financial statement for the	129236
preceding calendar year that accurately reflects the income,	129237
expenses, assets, liabilities, and net worth of the hospital, and	129238
accompanying notes. A hospital that has a fiscal year different	129239
from the calendar year shall file its financial statement within	129240
one hundred eighty days of the end of its fiscal year or at a	129241
later date approved by the director ~~of job and family services~~.	129242
The financial statement shall be prepared by an independent	129243
certified public accountant and reflect an official audit report	129244
prepared in a manner consistent with generally accepted accounting	129245
principles. The financial statement shall, to the extent that the	129246
hospital has sufficient financial records, show bad debt and	129247
charity care separately from courtesy care and contractual	129248
allowances.	129249

(B) Except as provided in division (C) of this section, each	129250
hospital, within one hundred eighty days after the end of the	129251
hospital's cost reporting period, shall submit to the department a	129252
cost report in a format prescribed in rules adopted ~~by the~~	129253
~~director of job and family services~~ under section ~~5112.03~~5168.02	129254
of the Revised Code. The department shall grant a hospital an	129255
extension of the one hundred eighty day period if the health care	129256
financing administration of the United States department of health	129257
and human services extends the date by which the hospital must	129258
submit its cost report for the hospital's cost reporting period.	129259

(C) The director ~~of job and family services~~ may adopt rules	129260
under section ~~5112.03~~5168.02 of the Revised Code specifying	129261
financial information that must be submitted by hospitals for	129262
which no financial statement or cost report is available. The	129263
rules shall specify deadlines for submitting the information. Each	129264
such hospital shall submit the information specified in the rules	129265
not later than the deadline specified in the rules.	129266

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	129267
funds to hospitals under the ~~medical assistance~~medicaid program	129268
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	129269
Revised Code and depositing funds into the legislative budget	129270
services fund under section ~~5112.19~~5168.12 of the Revised Code	129271
and into the health care services administration fund created	129272
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	129273
imposed an assessment on all hospitals. Each hospital's assessment	129274
shall be based on total facility costs. All hospitals shall be	129275
assessed according to the rate or rates established each program	129276
year ~~by the department of job and family services~~ in rules adopted	129277
under section ~~5112.03~~5168.02 of the Revised Code. The department	129278
shall assess all hospitals uniformly and in a manner consistent	129279
with federal statutes and regulations. During any program year,	129280
the department shall not assess any hospital more than two per	129281
cent of the hospital's total facility costs.	129282

The department shall establish an assessment rate or rates	129283
each program year that will do both of the following:	129284

(1) Yield funds that, when combined with intergovernmental	129285
transfers and federal matching funds, will produce a program of	129286
sufficient size to pay a substantial portion of the indigent care	129287
provided by hospitals;	129288

(2) Yield funds that, when combined with intergovernmental	129289
transfers and federal matching funds, will produce amounts for	129290
distribution to disproportionate share hospitals that do not	129291
exceed, in the aggregate, the limits prescribed by the United	129292
States health care financing administration under ~~subsection (f)~~	129293
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129294
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	129295

(B)(1) Except as provided in division (B)(3) of this section,	129296
each hospital shall pay its assessment in periodic installments in	129297
accordance with a schedule established ~~by the director of job and~~	129298
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	129299
the Revised Code.	129300

(2) The installments shall be equal in amount, unless either	129301
of the following applies:	129302

(a) The department makes adjustments during a program year	129303
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	129304
in the total amount of hospitals' assessments;	129305

(b) The medicaid director ~~of job and family services~~	129306
determines that adjustments in the amounts of installments are	129307
necessary for the administration of sections ~~5112.01~~5168.01 to	129308
~~5112.21~~5168.14 of the Revised Code and that unequal installments	129309
will not create cash flow difficulties for hospitals.	129310

(3) The director may adopt rules under section ~~5112.03~~	129311
5168.02 of the Revised Code establishing alternate schedules for	129312
hospitals to pay assessments under this section in order to reduce	129313
hospitals' cash flow difficulties.	129314

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	129315
~~services~~medicaid may require governmental hospitals to make	129316
intergovernmental transfers each program year for the purpose of	129317
distributing funds to hospitals under the ~~medical assistance~~	129318
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	129319
5168.14 of the Revised Code and depositing funds into the	129320
legislative budget services fund under section ~~5112.19~~5168.12 of	129321
the Revised Code and into the health care services administration	129322
fund created under section ~~5111.94~~5162.54 of the Revised Code.	129323
The department shall not require transfers in an amount that, when	129324
combined with hospital assessments paid under section ~~5112.06~~	129325
5168.06 of the Revised Code and federal matching funds, produce	129326
amounts for distribution to disproportionate share hospitals that,	129327
in the aggregate, exceed limits prescribed by the United States	129328
health care financing administration under ~~subsection (f) of~~	129329
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129330
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	129331

(B) Before or during each program year, the department shall	129332
notify each governmental hospital of the amount of the	129333
intergovernmental transfer it is required to make during the	129334
program year. Each governmental hospital shall make	129335
intergovernmental transfers as required by the department under	129336
this section in periodic installments, executed by electronic fund	129337
transfer, in accordance with a schedule established in rules	129338
adopted under section ~~5112.03~~5168.02 of the Revised Code.	129339

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	129340
year, the department of ~~job and family services~~medicaid shall	129341
mail to each hospital by certified mail, return receipt requested,	129342
the preliminary determination of the amount that the hospital is	129343
assessed under section ~~5112.06~~5168.06 of the Revised Code during	129344
the program year. The preliminary determination of a hospital's	129345
assessment shall be calculated for a cost-reporting period that is	129346
specified in rules adopted under section ~~5112.03~~5168.02 of the	129347
Revised Code.	129348

The department shall consult with hospitals each year when	129349
determining the date on which it will mail the preliminary	129350
determinations in order to minimize hospitals' cash flow	129351
difficulties.	129352

If no hospital submits a request for reconsideration under	129353
division (B) of this section, the preliminary determination	129354
constitutes the final reconciliation of each hospital's assessment	129355
under section ~~5112.06~~5168.06 of the Revised Code. The final	129356
reconciliation is subject to adjustments under division (D) of	129357
this section.	129358

(B) Not later than fourteen days after the preliminary	129359
determinations are mailed, any hospital may submit to the	129360
department a written request to reconsider the preliminary	129361
determinations. The request shall be accompanied by written	129362
materials setting forth the basis for the reconsideration. If one	129363
or more hospitals submit a request, the department shall hold a	129364
public hearing not later than thirty days after the preliminary	129365
determinations are mailed to reconsider the preliminary	129366
determinations. The department shall mail to each hospital a	129367
written notice of the date, time, and place of the hearing at	129368
least ten days prior to the hearing. On the basis of the evidence	129369
submitted to the department or presented at the public hearing,	129370
the department shall reconsider and may adjust the preliminary	129371
determinations. The result of the reconsideration is the final	129372
reconciliation of the hospital's assessment under section ~~5112.06~~	129373
5168.06 of the Revised Code. The final reconciliation is subject	129374
to adjustments under division (D) of this section.	129375

(C) The department shall mail to each hospital a written	129376
notice of its assessment for the program year under the final	129377
reconciliation. A hospital may appeal the final reconciliation of	129378
its assessment to the court of common pleas of Franklin county.	129379
While a judicial appeal is pending, the hospital shall pay, in	129380
accordance with the schedules required by division (B) of section	129381
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	129382
that is not in dispute into the hospital care assurance program	129383
fund created in section ~~5112.18~~5168.11 of the Revised Code.	129384

(D) In the course of any program year, the department may	129385
adjust the assessment rate or rates established in rules pursuant	129386
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	129387
amounts of intergovernmental transfers required under section	129388
~~5112.07~~5168.07 of the Revised Code and, as a result of the	129389
adjustment, adjust each hospital's assessment and	129390
intergovernmental transfer, to reflect refinements made by the	129391
United States health care financing administration during that	129392
program year to the limits it prescribed under ~~subsection (f) of~~	129393
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129394
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	129395
adjusted, the assessment rate or rates must comply with division	129396
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	129397
intergovernmental transfer must comply with division (A) of	129398
section ~~5112.07~~5168.07 of the Revised Code. The department shall	129399
notify hospitals of adjustments made under this division and	129400
adjust for the remainder of the program year the installments paid	129401
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	129402
the Revised Code in accordance with rules adopted under section	129403
~~5112.03~~5168.02 of the Revised Code.	129404

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	129405
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	129406
the Revised Code establishing a methodology to pay hospitals that	129407
is sufficient to expend all money in the indigent care pool. Under	129408
the rules:	129409

(A) The department of ~~job and family services~~medicaid may	129410
classify similar hospitals into groups and allocate funds for	129411
distribution within each group.	129412

(B) The department shall establish a method of allocating	129413
funds to hospitals, taking into consideration the relative amount	129414
of indigent care provided by each hospital or group of hospitals.	129415
The amount to be allocated shall be based on any combination of	129416
the following indicators of indigent care that the director	129417
considers appropriate:	129418

(1) Total costs, volume, or proportion of services to	129419
recipients of the medical assistance program, including recipients	129420
enrolled in health insuring corporations;	129421

(2) Total costs, volume, or proportion of services to	129422
low-income patients in addition to medicaid recipients ~~of the~~	129423
~~medical assistance program~~, which may include recipients of Title	129424
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	129425
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	129426
financial assistance provided under Chapter 5115. of the Revised	129427
Code;	129428

(3) The amount of uncompensated care provided by the hospital	129429
or group of hospitals;	129430

(4) Other factors that the director considers to be	129431
appropriate indicators of indigent care.	129432

(C) The department shall distribute funds to each hospital or	129433
group of hospitals in a manner that first may provide for an	129434
additional distribution to individual hospitals that provide a	129435
high proportion of indigent care in relation to the total care	129436
provided by the hospital or in relation to other hospitals. The	129437
department shall establish a formula to distribute the remainder	129438
of the funds. The formula shall be consistent with ~~section 1923 of~~	129439
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	129440
~~amended,~~and shall be based on any combination of the indicators	129441
of indigent care listed in division (B) of this section that the	129442
director considers appropriate.	129443

(D) The department shall distribute funds to each hospital in	129444
installments not later than ten working days after the deadline	129445
established in rules for each hospital to pay an installment on	129446
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	129447
In the case of a governmental hospital that makes	129448
intergovernmental transfers, the department shall pay an	129449
installment under this section not later than ten working days	129450
after the earlier of that deadline or the deadline established in	129451
rules for the governmental hospital to pay an installment on its	129452
intergovernmental transfer. If the amount in the hospital care	129453
assurance program fund created under section ~~5112.18~~5168.11 of	129454
the Revised Code and the portion of the health care - federal fund	129455
created under section ~~5111.943~~5162.50 of the Revised Code that is	129456
credited to that fund pursuant to division (B) of section ~~5112.18~~	129457
5168.11 of the Revised Code are insufficient to make the total	129458
distributions for which hospitals are eligible to receive in any	129459
period, the department shall reduce the amount of each	129460
distribution by the percentage by which the amount and portion are	129461
insufficient. The department shall distribute to hospitals any	129462
amounts not distributed in the period in which they are due as	129463
soon as moneys are available in the funds.	129464

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	129465
legislative budget services fund under section ~~5112.19~~5168.12 of	129466
the Revised Code and the health care services administration fund	129467
created under section ~~5111.94~~5162.54 of the Revised Code, the	129468
department of ~~job and family services~~medicaid shall not use money	129469
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	129470
5168.07 of the Revised Code or money that the department pays to	129471
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	129472
replace any funds appropriated by the general assembly for the	129473
~~medical assistance~~medicaid program.	129474

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	129475
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	129476
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	129477
all intergovernmental transfers under section ~~5112.07~~5168.07 of	129478
the Revised Code shall be deposited in the state treasury to the	129479
credit of the hospital care assurance program fund, hereby	129480
created. All investment earnings of the hospital care assurance	129481
program fund shall be credited to the fund. The department of ~~job~~	129482
~~and family services~~medicaid shall maintain records that show the	129483
amount of money in the hospital care assurance program fund at any	129484
time that has been paid by each hospital and the amount of any	129485
investment earnings on that amount. All moneys credited to the	129486
hospital care assurance program fund shall be used solely to make	129487
payments to hospitals under division (D) of this section and	129488
section ~~5112.08~~5168.09 of the Revised Code.	129489

(B) All federal matching funds received as a result of the	129490
department distributing funds from the hospital care assurance	129491
program fund to hospitals under section ~~5112.08~~5168.09 of the	129492
Revised Code shall be credited to the health care - federal fund	129493
created under section ~~5111.943~~5162.50 of the Revised Code.	129494

(C) All distributions of funds to hospitals under section	129495
~~5112.08~~5168.09 of the Revised Code are conditional on:	129496

(1) Expiration of the time for appeals under section ~~5112.09~~	129497
5168.08 of the Revised Code without the filing of an appeal, or on	129498
court determinations, in the event of appeals, that the hospital	129499
is entitled to the funds;	129500

(2) The sum of the following being sufficient to distribute	129501
the funds after the final determination of any appeals:	129502

(a) The available money in the hospital care assurance	129503
program fund;	129504

(b) The available portion of the money in the health care -	129505
federal fund that is credited to that fund pursuant to division	129506
(B) of this section.	129507

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	129508
the Revised Code.	129509

(D) If an audit conducted by the department of the amounts of	129510
payments made and funds received by hospitals under sections	129511
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	129512
Revised Code identifies amounts that, due to errors by the	129513
department, a hospital should not have been required to pay but	129514
did pay, should have been required to pay but did not pay, should	129515
not have received but did receive, or should have received but did	129516
not receive, the department shall:	129517

(1) Make payments to any hospital that the audit reveals paid	129518
amounts it should not have been required to pay or did not receive	129519
amounts it should have received;	129520

(2) Take action to recover from a hospital any amounts that	129521
the audit reveals it should have been required to pay but did not	129522
pay or that it should not have received but did receive.	129523

Payments made under division (D)(1) of this section shall be	129524
made from the hospital care assurance program fund. Amounts	129525
recovered under division (D)(2) of this section shall be deposited	129526
to the credit of that fund. Any hospital may appeal the amount the	129527
hospital is to be paid under division (D)(1) or the amount that is	129528
to be recovered from the hospital under division (D)(2) of this	129529
section to the court of common pleas of Franklin county.	129530

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	129531
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	129532
and intergovernmental transfers made under section ~~5112.07~~5168.07	129533
of the Revised Code during each program year beginning in an	129534
odd-numbered calendar year, the department of ~~job and family~~	129535
~~services~~medicaid shall deposit into the state treasury to the	129536
credit of the legislative budget services fund, which is hereby	129537
created, a total amount equal to the amount by which the biennial	129538
appropriation from that fund exceeds the amount of unexpended,	129539
unencumbered moneys in that fund. All investment earnings of the	129540
legislative budget services fund shall be credited to that fund.	129541
Money in the legislative budget services fund shall be used solely	129542
to pay the expenses of the legislative budget office of the	129543
legislative service commission.	129544

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	129545
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	129546
information filed under those sections shall not include any	129547
patient-identifying material. Information that includes	129548
patient-identifying material is not a public record under section	129549
149.43 of the Revised Code, and no patient-identifying material	129550
shall be released publicly by the department of ~~job and family~~	129551
~~services~~medicaid or by any person under contract with the	129552
department who has access to such information.	129553

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

129554

~~(1) "Federal poverty guideline" means the official poverty~~	129555
~~guideline as revised annually by the United States secretary of~~	129556
~~health and human services in accordance with section 673 of the~~	129557
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	129558
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	129559
~~the family of the person whose income is being determined.~~	129560

~~(2) "Third-party payer" means any private or public entity or~~	129561
~~program that may be liable by law or contract to make payment to~~	129562
~~or on behalf of an individual for health care services.~~	129563
~~"Third-party payer" does not include a hospital.~~	129564

~~(B)~~ Each hospital that receives funds distributed under	129565
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	129566
shall provide, without charge to the individual, basic, medically	129567
necessary hospital-level services to individuals who are residents	129568
of this state, are not medicaid recipients ~~of the medical~~	129569
~~assistance program~~, and whose income is at or below the federal	129570
poverty ~~guideline~~line. Recipients of disability financial	129571
assistance provided under Chapter 5115. of the Revised Code	129572
qualify for services under this section. The medicaid director of	129573
~~job and family services~~ shall adopt rules under section ~~5112.03~~	129574
5168.02 of the Revised Code specifying the hospital services to be	129575
provided under this section.	129576

~~(C)~~(B) Nothing in this section shall be construed to prevent	129577
a hospital from requiring an individual to apply for ~~eligibility~~	129578
~~under~~ the ~~medical assistance~~medicaid program before the hospital	129579
processes an application under this section. Hospitals may bill	129580
any third-party payer for services rendered under this section.	129581
Hospitals may bill the ~~medical assistance~~medicaid program, in	129582
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	129583
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	129584
~~chapter~~those statutes, for medicaid services rendered under this	129585
section if the individual becomes a medicaid recipient ~~of the~~	129586
~~program~~. Hospitals may bill individuals for services under this	129587
section if all of the following apply:	129588

(1) The hospital has an established post-billing procedure	129589
for determining the individual's income and canceling the charges	129590
if the individual is found to qualify for services under this	129591
section.	129592

(2) The initial bill, and at least the first follow-up bill,	129593
is accompanied by a written statement that does all of the	129594
following:	129595

(a) Explains that individuals with income at or below the	129596
federal poverty ~~guideline~~line are eligible for services without	129597
charge;	129598

(b) Specifies the federal poverty ~~guideline~~line for	129599
individuals and families of various sizes at the time the bill is	129600
sent;	129601

(c) Describes the procedure required by division (C)(1) of	129602
this section.	129603

(3) The hospital complies with any additional rules ~~the~~	129604
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	129605
Revised Code.	129606

Notwithstanding division (B) of this section, a hospital	129607
providing care to an individual under this section is subrogated	129608
to the rights of any individual to receive compensation or	129609
benefits from any person or governmental entity for the hospital	129610
goods and services rendered.	129611

~~(D)~~(C) Each hospital shall collect and report to the	129612
department of medicaid, in the form and manner prescribed by the	129613
department, information on the number and identity of patients	129614
served pursuant to this section.	129615

~~(E)~~(D) This section applies beginning May 22, 1992,	129616
regardless of whether ~~the department has adopted~~ rules specifying	129617
the services to be provided have been adopted. Nothing in this	129618
section alters the scope or limits the obligation of any	129619
governmental entity or program, including the program awarding	129620
reparations to victims of crime under sections 2743.51 to 2743.72	129621
of the Revised Code and the program for medically handicapped	129622
children established under section 3701.023 of the Revised Code,	129623
to pay for hospital services in accordance with state or local	129624
law.	129625

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	129626
~~5112.48~~5168.28 of the Revised Code:	129627

(A) "Applicable assessment percentage" means the percentage	129628
specified in rules adopted under section ~~5112.46~~5168.26 of the	129629
Revised Code that is used in calculating a hospital's assessment	129630
under section ~~5112.41~~5168.21 of the Revised Code.	129631

(B) "Assessment program year" means the twelve-month period	129632
beginning the first day of October of a calendar year and ending	129633
the last day of September of the following calendar year.	129634

(C) "Cost reporting period" means the period of time used by	129635
a hospital in reporting costs for purposes of the medicare	129636
program.	129637

(D) "Federal fiscal year" means the twelve-month period	129638
beginning the first day of October of a calendar year and ending	129639
the last day of September of the following calendar year.	129640

(E)(1) Except as provided in division (E)(2) of this section,	129641
"hospital" means a hospital to which any of the following applies:	129642

(a) The hospital is registered under section 3701.07 of the	129643
Revised Code as a general medical and surgical hospital or a	129644
pediatric general hospital and provides inpatient hospital	129645
services, as defined in 42 C.F.R. 440.10.	129646

(b) The hospital is recognized under the medicare program as	129647
a cancer hospital and is exempt from the medicare prospective	129648
payment system.	129649

(c) The hospital is a psychiatric hospital licensed under	129650
section ~~5119.20~~5119.33 of the Revised Code.	129651

(2) "Hospital" does not include either of the following:

129652

(a) A federal hospital;

129653

(b) A hospital that does not charge any of its patients for	129654
its services.	129655

(F) "Hospital care assurance program" means the program	129656
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	129657
the Revised Code.	129658

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	129659
~~the Revised Code.~~	129660

~~(H) "Medicare" means the program established under Title~~	129661
~~XVIII of the Social Security Act.~~	129662

~~(I)~~ "State fiscal year" means the twelve-month period	129663
beginning the first day of July of a calendar year and ending the	129664
last day of June of the following calendar year.	129665

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	129666
of this section, "total facility costs" means the total costs to a	129667
hospital for all care provided to all patients, including the	129668
direct, indirect, and overhead costs to the hospital of all	129669
services, supplies, equipment, and capital related to the care of	129670
patients, regardless of whether patients are enrolled in a health	129671
insuring corporation.	129672

(2) "Total facility costs" excludes all of the following of a	129673
hospital's costs as shown on the cost-reporting data used for	129674
purposes of determining the hospital's assessment under section	129675
~~5112.41~~5168.21 of the Revised Code:	129676

(a) Skilled nursing services provided in distinct-part	129677
nursing facility units;	129678

(b) Home health services;

129679

129680

(d) Ambulance services;

129681

(e) Renting durable medical equipment;

129682

(f) Selling durable medical equipment.

129683

(3) "Total facility costs" excludes any costs excluded from a	129684
hospital's total facility costs pursuant to rules, if any, adopted	129685
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	129686
Code.	129687

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	129688
section ~~5112.45~~5168.25 of the Revised Code and subject to	129689
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	129690
imposed an assessment on all hospitals each assessment program	129691
year. The amount of a hospital's assessment for an assessment	129692
program year shall equal the applicable assessment percentage of	129693
the hospital's total facility costs for the period of time	129694
specified in division (B) of this section. The amount of a	129695
hospital's total facility costs shall be derived from	129696
cost-reporting data for the hospital submitted to the department	129697
of ~~job and family services~~medicaid for purposes of the hospital	129698
care assurance program. If a hospital has not submitted that	129699
cost-reporting data to the department, the amount of a hospital's	129700
total facility costs shall be derived from other financial	129701
statements that the hospital shall provide to the department as	129702
directed by the department. The cost-reporting data or financial	129703
statements used to determine a hospital's assessment is subject to	129704
the same type of adjustments made to the cost-reporting data under	129705
the hospital care assurance program.	129706

(B) The period of time specified in this division is the	129707
hospital's cost reporting period that ends in the state fiscal	129708
year that ends in the federal fiscal year that precedes the	129709
federal fiscal year that precedes the assessment program year for	129710
which the assessment is imposed.	129711

(C) The assessment imposed by this section on a hospital is	129712
in addition to the assessment imposed by section ~~5112.06~~5168.06	129713
of the Revised Code.	129714

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	129715
program year, the department of ~~job and family services~~medicaid	129716
shall mail to each hospital by certified mail, return receipt	129717
requested, the preliminary determination of the amount that the	129718
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	129719
Code for the assessment program year. Except as provided in	129720
division (B) of this section, the preliminary determination	129721
becomes the final determination for the assessment program year	129722
fifteen days after the preliminary determination is mailed to the	129723
hospital.	129724

(B) A hospital may request that the department reconsider the	129725
preliminary determination mailed to the hospital under division	129726
(A) of this section by submitting to the department a written	129727
request for a reconsideration not later than fourteen days after	129728
the hospital's preliminary determination is mailed to the	129729
hospital. The request must be accompanied by written materials	129730
setting forth the basis for the reconsideration. On receipt of the	129731
timely request, the department shall reconsider the preliminary	129732
determination and may adjust the preliminary determination on the	129733
basis of the written materials accompanying the request. The	129734
result of the reconsideration is the final determination of the	129735
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	129736
Code for the assessment program year.	129737

(C) The department shall mail to each hospital a written	129738
notice of the final determination of its assessment for the	129739
assessment program year. A hospital may appeal the final	129740
determination to the court of common pleas of Franklin county.	129741
While a judicial appeal is pending, the hospital shall pay, in	129742
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	129743
amount of its assessment that is not in dispute.	129744

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	129745
~~5112.46~~5168.26 of the Revised Code establish a different payment	129746
schedule, each hospital shall pay the amount it is assessed under	129747
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	129748
following payment schedule:	129749

(A) Twenty-eight per cent of a hospital's assessment is due	129750
on the last business day of October of each assessment program	129751
year.	129752

(B) Thirty-one per cent of a hospital's assessment is due on	129753
the last business day of February of each assessment program year.	129754

(C) Forty-one per cent of a hospital's assessment is due on	129755
the last business day of May of each assessment program year.	129756

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	129757
~~services~~medicaid may audit a hospital to ensure that the hospital	129758
properly pays the amount it is assessed under section ~~5112.41~~	129759
5168.21 of the Revised Code. The department shall take action to	129760
recover from a hospital any amount the audit reveals that the	129761
hospital should have paid but did not pay.	129762

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	129763
treasury the hospital assessment fund. All installment payments	129764
made by hospitals under section ~~5112.43~~5168.23 of the Revised	129765
Code and all recoveries the department of ~~job and family services~~	129766
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	129767
shall be deposited into the fund. All investment earnings of the	129768
fund shall be credited to the fund. The department shall use money	129769
in the fund to pay for the costs of the medicaid program,	129770
including the program's administrative costs.	129771

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	129772
~~services shall adopt, amend, and rescind~~medicaid director shall	129773
adopt rules in accordance with Chapter 119. of the Revised Code as	129774
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	129775
of the Revised Code, including rules that specify the percentage	129776
of hospitals' total facility costs to be used in calculating	129777
hospitals' assessments under section ~~5112.41~~5168.21 of the	129778
Revised Code.	129779

(B) The rules adopted under this section may do the	129780
following:	129781

(1) Provide that a hospital's total facility costs for the	129782
purpose of the assessment under section ~~5112.41~~5168.21 of the	129783
Revised Code exclude any of the following:	129784

(a) A hospital's costs associated with providing care to	129785
recipients of any of the following:	129786

(i) The medicaid program;

129787

(ii) The medicare program;

129788

(iii) The disability financial assistance program established	129789
under Chapter 5115. of the Revised Code;	129790

(iv) The program for medically handicapped children	129791
established under section 3701.023 of the Revised Code;	129792

(v) Services provided under the maternal and child health	129793
services block grant established under Title V of the "Social	129794
Security Act," 42 U.S.C. 701 et seq.	129795

(b) Any other category of hospital costs the director deems	129796
appropriate under federal law and regulations governing the	129797
medicaid program.	129798

(2) Subject to division (C) of this section, provide for the	129799
percentage of hospitals' total facility costs used in calculating	129800
hospitals' assessments to vary for different hospitals;	129801

(3) To reduce hospitals' cash flow difficulties, establish a	129802
schedule for hospitals to pay their assessments that is different	129803
from the schedule established under section ~~5112.43~~5168.23 of the	129804
Revised Code.	129805

(C) Before adopting rules authorized by division (B)(2) of	129806
this section that establish varied percentages to be used in	129807
calculating hospitals' assessments, the director shall obtain a	129808
waiver from the United States secretary of health and human	129809
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	129810
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	129811
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	129812
the assessments to not be imposed uniformly.	129813

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	129814
~~family services~~ shall implement the assessment imposed by section	129815
~~5112.41~~5168.21 of the Revised Code in a manner that does not	129816
cause a reduction in federal financial participation for the	129817
medicaid program under the "Social Security Act," section 1903(w),	129818
42 U.S.C. 1396b(w).	129819

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	129820
health and human services determines that the assessment imposed	129821
by section ~~5112.41~~5168.21 of the Revised Code is an	129822
impermissible health care-related tax under the "Social Security	129823
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	129824
~~of job and family services~~ shall take all necessary actions to	129825
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	129826
5168.27 of the Revised Code and shall promptly refund to each	129827
hospital the amount of money in the hospital assessment fund at	129828
the time the refund is to be made that the hospital paid under	129829
section ~~5112.43~~5168.23 of the Revised Code, plus any	129830
corresponding investment earnings on that amount.	129831

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	129832
~~3721.58~~5168.56 of the Revised Code:	129833

(A) "Bed surrender" means the following:

129834

(1) In the case of a nursing home, the removal of a bed from	129835
a nursing home's licensed capacity in a manner that reduces the	129836
total licensed capacity of all nursing homes;	129837

(2) In the case of a hospital, the removal of a hospital bed	129838
from registration under section 3701.07 of the Revised Code as a	129839
skilled nursing facility bed or long-term care bed in a manner	129840
that reduces the total number of hospital beds registered under	129841
that section as skilled nursing facility beds or long-term care	129842
beds.	129843

(B) "Change of operator" means an entering operator becoming	129844
the operator of a nursing home or hospital in the place of the	129845
exiting operator.	129846

(1) Actions that constitute a change of operator include the	129847
following:	129848

(a) A change in an exiting operator's form of legal	129849
organization, including the formation of a partnership or	129850
corporation from a sole proprietorship;	129851

(b) A transfer of all the exiting operator's ownership	129852
interest in the operation of the nursing home or hospital to the	129853
entering operator, regardless of whether ownership of any or all	129854
of the real property or personal property associated with the	129855
nursing home or hospital is also transferred;	129856

(c) A lease of the nursing home or hospital to the entering	129857
operator or the exiting operator's termination of the exiting	129858
operator's lease;	129859

(d) If the exiting operator is a partnership, dissolution of	129860
the partnership;	129861

(e) If the exiting operator is a partnership, a change in	129862
composition of the partnership unless both of the following apply:	129863

(i) The change in composition does not cause the	129864
partnership's dissolution under state law.	129865

(ii) The partners agree that the change in composition does	129866
not constitute a change in operator.	129867

(f) If the operator is a corporation, dissolution of the	129868
corporation, a merger of the corporation into another corporation	129869
that is the survivor of the merger, or a consolidation of one or	129870
more other corporations to form a new corporation.	129871

(2) The following, alone, do not constitute a change of	129872
operator:	129873

(a) A contract for an entity to manage a nursing home or	129874
hospital as the operator's agent, subject to the operator's	129875
approval of daily operating and management decisions;	129876

(b) A change of ownership, lease, or termination of a lease	129877
of real property or personal property associated with a nursing	129878
home or hospital if an entering operator does not become the	129879
operator in place of an exiting operator;	129880

(c) If the operator is a corporation, a change of one or more	129881
members of the corporation's governing body or transfer of	129882
ownership of one or more shares of the corporation's stock, if the	129883
same corporation continues to be the operator.	129884

(C) "Effective date of a change of operator" means the day an	129885
entering operator becomes the operator of a nursing home or	129886
hospital.	129887

(D) "Entering operator" means the person or government entity	129888
that will become the operator of a nursing home or hospital on the	129889
effective date of a change of operator.	129890

(E) "Exiting operator" means an operator that will cease to	129891
be the operator of a nursing home or hospital on the effective	129892
date of a change of operator.	129893

(F) "Franchise permit fee rate" means the ~~following:~~

129894

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	129895
~~cents;~~	129896

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	129897
~~eleven dollars and sixty-seven cents~~rate determined in accordance	129898
with section 5168.41 of the Revised Code.	129899

(G) "Hospital" has the same meaning as in section 3727.01 of	129900
the Revised Code.	129901

(H) "Hospital long-term care unit" means any distinct part of	129902
a hospital in which any of the following beds are located:	129903

(1) Beds registered pursuant to section 3701.07 of the	129904
Revised Code as skilled nursing facility beds or long-term care	129905
beds;	129906

(2) Beds licensed as nursing home beds under section 3721.02	129907
or 3721.09 of the Revised Code.	129908

(I) "Indirect guarantee percentage" means the percentage	129909
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	129910
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	129911
1396b(w)(4)(C)(ii), that is to be used in determining whether a	129912
class of providers is indirectly held harmless for any portion of	129913
the costs of a broad-based health-care-related tax. If the	129914
indirect guarantee percentage changes during a fiscal year, the	129915
indirect guarantee percentage is the following:	129916

(1) For the part of the fiscal year before the change takes	129917
effect, the percentage in effect before the change;	129918

(2) For the part of the fiscal year beginning with the date	129919
the indirect guarantee percentage changes, the new percentage.	129920

(J) "Medicaid days" ~~has the same meaning as in section~~	129921
~~5111.01 of the Revised Code.~~	129922

~~(K) "Medicare" means the program established by Title XVIII.~~

129923

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	129924
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	129925

~~(M)~~(K)(1) "Nursing home" means all of the following:

129926

(a) A nursing home licensed under section 3721.02 or 3721.09	129927
of the Revised Code, including any part of a home for the aging	129928
licensed as a nursing home;	129929

(b) A facility or part of a facility, other than a hospital,	129930
that is certified as a skilled nursing facility under Title XVIII;	129931

(c) A nursing facility, other than a portion of a hospital	129932
certified as a nursing facility.	129933

(2) "Nursing home" does not include either of the following:

129934

(a) A county home, county nursing home, or district home	129935
operated pursuant to Chapter 5155. of the Revised Code;	129936

(b) A nursing home maintained and operated by the department	129937
of veterans services under section 5907.01 of the Revised Code.	129938

~~(N)~~(L) "Operator" means the person or government entity	129939
responsible for the daily operating and management decisions for a	129940
nursing home or hospital.	129941

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	129942
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	129943

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	129944
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	129945
seq.	129946

Sec. 5168.41. (A) The franchise permit fee rate shall be	129947
determined for each fiscal year as follows:	129948

(1) Determine the estimated total net patient revenues for	129949
all nursing homes and hospital long-term care units for the fiscal	129950
year;	129951

(2) Multiply the estimated total net patient revenues	129952
determined under division (A)(1) of this section by the lesser of	129953
the following:	129954

(a) The indirect guarantee percentage;

129955

(b) Six per cent.

129956

(3) Divide the product determined under division (A)(2) of	129957
this section by the number of days in the fiscal year;	129958

(4) Determine the sum of the following:

129959

(a) The total number of beds in all nursing homes and	129960
hospital long-term care units that are subject to the franchise	129961
permit fee for the fiscal year;	129962

(b) The total number of nursing home beds that are exempt	129963
from the franchise permit fee for the fiscal year because of the	129964
waiver obtained pursuant to section 5168.43 of the Revised Code.	129965

(5) Divide the quotient determined under division (A)(3) of	129966
this section by the sum determined under division (A)(4) of this	129967
section.	129968

(B) In determining the estimated total net patient revenues	129969
for all nursing homes and hospital long-term care units for a	129970
fiscal year, the department of medicaid shall use at least all of	129971
the following:	129972

(1) Information from medicaid cost reports filed under	129973
section 5165.10 of the Revised Code that are the most recent at	129974
the time the determination is made;	129975

(2) The projected total medicaid payment rates for nursing	129976
facility services for the fiscal year;	129977

(3) The projected total number of medicaid days for the	129978
fiscal year.	129979

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	129980
~~services~~medicaid shall do all of the following:	129981

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	129982
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	129983
of this section and for the purposes specified in section ~~3721.56~~	129984
5168.54 of the Revised Code, determine an annual franchise permit	129985
fee on each nursing home in an amount equal to the franchise	129986
permit fee rate multiplied by the product of the following:	129987

(1) The number of beds licensed as nursing home beds, plus	129988
any other beds certified as skilled nursing facility beds under	129989
Title XVIII or nursing facility beds under Title XIX on the first	129990
day of May of the calendar year in which the fee is determined	129991
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	129992
Code;	129993

(2) The number of days in the fiscal year beginning on the	129994
first day of July of the calendar year in which the fee is	129995
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	129996
the Revised Code.	129997

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	129998
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	129999
of this section and for the purposes specified in section ~~3721.56~~	130000
5168.54 of the Revised Code, determine an annual franchise permit	130001
fee on each hospital in an amount equal to the franchise permit	130002
fee rate multiplied by the product of the following:	130003

(1) The number of beds registered pursuant to section 3701.07	130004
of the Revised Code as skilled nursing facility beds or long-term	130005
care beds, plus any other beds licensed as nursing home beds under	130006
section 3721.02 or 3721.09 of the Revised Code, on the first day	130007
of May of the calendar year in which the fee is determined	130008
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	130009
Code;	130010

(2) The number of days in the fiscal year beginning on the	130011
first day of July of the calendar year in which the fee is	130012
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	130013
the Revised Code.	130014

(C) If the total amount of the franchise permit fee assessed	130015
under divisions (A) and (B) of this section for a fiscal year	130016
exceeds the indirect guarantee percentage of the actual net	130017
patient revenue for all nursing homes and hospital long-term care	130018
units for that fiscal year and seventy-five per cent or more of	130019
the combined total number of nursing homes and hospital long-term	130020
care units receive enhanced medicaid payments or other state	130021
payments equal to seventy-five per cent or more of their total	130022
franchise permit fee assessments, do both of the following:	130023

(1) Recalculate the assessments under divisions (A) and (B)	130024
of this section using a per bed per day rate equal to the indirect	130025
guarantee percentage of actual net patient revenue for all nursing	130026
homes and hospital long-term care units for that fiscal year;	130027

(2) Refund the difference between the amount of the franchise	130028
permit fee assessed for that fiscal year under divisions (A) and	130029
(B) of this section and the amount recalculated under division	130030
(C)(1) of this section as a credit against the assessments imposed	130031
under divisions (A) and (B) of this section for the subsequent	130032
fiscal year.	130033

(D) If the United States centers for medicare and medicaid	130034
services determines that the franchise permit fee established by	130035
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	130036
an impermissible health care-related tax under ~~section 1903(w) of~~	130037
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	130038
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	130039
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	130040
the Revised Code in accordance with rules adopted under section	130041
~~3721.58~~5168.56 of the Revised Code.	130042

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	130043
July 17, 2009, the department of ~~job and family services~~medicaid	130044
shall apply to the United States secretary of health and human	130045
services for a waiver under the "Social Security Act," section	130046
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	130047
of the following regarding the franchise permit fee assessed under	130048
section ~~3721.51~~5168.42 of the Revised Code:	130049

(1) Reduce the franchise permit fee rate to zero dollars for	130050
each nursing home licensed under section 3721.02 or 3721.09 of the	130051
Revised Code to which either of the following applies:	130052

(a) The nursing home:

130053

(i) Is exempt from state taxation under section 140.08 of the	130054
Revised Code or is exempt from state taxation as a home for the	130055
aged as defined in section 5701.13 of the Revised Code;	130056

(ii) Is exempt from federal income taxation under section 501	130057
of the Internal Revenue Code of 1986;	130058

(iii) Does not participate in medicaid or medicare; and

130059

(iv) Provides services for the life of each resident without	130060
regard to the resident's ability to secure payment for the	130061
services.	130062

(b) The nursing home:

130063

(i) Has had a written affiliation agreement with a university	130064
in this state for education and research related to Alzheimer's	130065
disease for each of the twenty years preceding July 17, 2009, and	130066
has such an agreement on July 17, 2009;	130067

(ii) Was constructed pursuant to a certificate of need	130068
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	130069
assembly; and	130070

(iii) Does not participate in medicaid or medicare.

130071

(2) For each nursing facility with more than two hundred beds	130072
certified as nursing facility beds under Title XIX, reduce the	130073
franchise permit fee rate for a number of the nursing facility's	130074
beds specified by the department to the amount necessary to obtain	130075
approval of the waiver sought under this section.	130076

(B) The effective date of the waiver sought under this	130077
section shall be the first day of the quarter beginning after the	130078
United States secretary approves the waiver.	130079

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	130080
health and human services approves the waiver sought under section	130081
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	130082
~~family services~~medicaid shall, for each nursing home and hospital	130083
that qualifies for a reduction of its franchise permit fee rate	130084
under the waiver, reduce the franchise permit fee rate in	130085
accordance with the terms of the waiver. For purposes of the first	130086
fiscal year during which the waiver takes effect, the department	130087
shall determine the amount of the reduction not later than the	130088
effective date of the waiver and shall mail to each nursing home	130089
and hospital qualifying for the reduction notice of the reduction	130090
not later than the last day of the first month of the quarter that	130091
begins after the United States secretary approves the waiver. For	130092
purposes of subsequent fiscal years, the department shall make	130093
such determinations and mail such notices in accordance with	130094
section ~~3721.53~~5168.47 of the Revised Code.	130095

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	130096
health and human services approves the waiver sought under section	130097
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	130098
~~family services~~medicaid may do both of the following regarding	130099
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	130100
the Revised Code:	130101

(1) Determine how much money the franchise permit fee would	130102
have raised in a fiscal year if not for the waiver;	130103

(2) For each nursing home and hospital subject to the	130104
franchise permit fee, other than a nursing home or hospital that	130105
has its franchise permit fee rate reduced under section ~~3721.512~~	130106
5168.44 of the Revised Code, uniformly increase the amount of the	130107
franchise permit fee rate for a fiscal year to an amount that will	130108
have the franchise permit fee raise an amount of money that does	130109
not exceed the amount determined under division (A)(1) of this	130110
section for that fiscal year.	130111

(B) If the department increases the franchise permit fee rate	130112
in accordance with division (A) of this section for the first	130113
fiscal year during which the waiver takes effect, the department	130114
shall determine the amount of the increase not later than the	130115
effective date of the waiver and shall mail to each nursing home	130116
and hospital subject to the increase notice of the increase not	130117
later than the last day of the first month of the quarter that	130118
begins after the United States secretary approves the waiver. If	130119
the department increases the franchise permit fee rate in	130120
accordance with division (A) of this section for a subsequent	130121
fiscal year, the department shall make such determinations and	130122
mail such notices in accordance with section ~~3721.53~~5168.47 of	130123
the Revised Code.	130124

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	130125
of the following:	130126

(A) For the purpose of the determinations made under	130127
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	130128
Code and not later than the first day of each June, report to the	130129
department of ~~job and family services~~medicaid the following:	130130

(1) For each nursing home, the number of beds in the nursing	130131
home licensed on the preceding first day of May under section	130132
3721.02 or 3721.09 of the Revised Code or certified on that date	130133
under Title XVIII or Title XIX;	130134

(2) For each hospital, the number of beds in the hospital	130135
registered on the preceding first day of May pursuant to section	130136
3701.07 of the Revised Code as skilled nursing facility or	130137
long-term care beds or licensed on that date under section 3721.02	130138
or 3721.09 of the Revised Code as nursing home beds.	130139

(B) For the purpose of the redetermination under section	130140
~~3721.531~~5168.48 of the Revised Code and not later than the	130141
fifteenth day of each January, report to the department of ~~job and~~	130142
~~family services~~medicaid, for each nursing home and hospital, the	130143
number of beds for which a bed surrender occurred during the	130144
period beginning on the first day of May of the preceding calendar	130145
year and ending on the first day of January of the calendar year	130146
in which the redetermination is made.	130147

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	130148
of September of each year, the department of ~~job and family~~	130149
~~services~~medicaid shall determine the annual franchise permit fee	130150
for each nursing home and hospital in accordance with section	130151
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	130152
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	130153
the Revised Code.	130154

(B) Not later than the first day of October of each year, the	130155
department shall mail to each nursing home and hospital notice of	130156
the amount of the franchise permit fee that has been determined	130157
for the nursing home or hospital.	130158

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	130159
each nursing home and hospital shall pay its fee under section	130160
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	130161
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	130162
Revised Code, to the department in four installment payments not	130163
later than forty-five days after the last day of each October,	130164
December, March, and June.	130165

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	130166
February of each year, the department of ~~job and family services~~	130167
medicaid shall redetermine each nursing home's and hospital's	130168
franchise permit fee if one or more bed surrenders occur during	130169
the period beginning on the first day of May of the preceding	130170
calendar year and ending on the first day of January of the	130171
calendar year in which the redetermination is made.	130172

(B) In redetermining nursing homes' and hospitals' franchise	130173
permit fees under this section, the department shall do both of	130174
the following:	130175

(1) Provide for the redetermination to be conducted in a	130176
manner consistent with the terms of the waiver sought under	130177
section ~~3721.511~~5168.43 of the Revised Code;	130178

(2) Recalculate each nursing home's and hospital's franchise	130179
permit fee in accordance with division (A) or (B) of section	130180
~~3721.51~~5168.42 of the Revised Code with the following changes:	130181

(a) In the case of a nursing home or hospital for which one	130182
or more bed surrenders occurred during the period beginning on the	130183
first day of May of the preceding calendar year and ending on the	130184
first day of January of the calendar year in which the	130185
redetermination is made, the number of beds included in the	130186
calculation for the purpose of division (A)(1) or (B)(1) of	130187
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	130188
for which bed surrenders occurred during that period.	130189

(b) The number of days used in the calculation under division	130190
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	130191
shall be the number of days in the first half of the calendar year	130192
in which the redetermination is made.	130193

(c) The franchise permit fee rate shall reflect adjustments	130194
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	130195
Revised Code.	130196

(C) Not later than the first day of March of each year, the	130197
department shall mail to each nursing home and hospital notice of	130198
the amount of its redetermined franchise permit fee.	130199

(D) Each nursing home and hospital shall pay its redetermined	130200
fee to the department in two installment payments not later than	130201
forty-five days after the last day of March and June of the	130202
calendar year in which the redetermination is made.	130203

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	130204
undergoes a change of operator during a fiscal year, the	130205
responsibility for paying the franchise permit fee that was	130206
determined for the nursing home or hospital under section ~~3721.53~~	130207
5168.47 of the Revised Code, or redetermined for the nursing home	130208
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	130209
for that fiscal year shall be divided proportionally. The exiting	130210
operator shall be responsible for paying the amount of the fee	130211
that is for the part of the fiscal year that ends on the day	130212
before the effective date of the change of operator. The entering	130213
operator shall be responsible for paying the amount of the fee	130214
that is for the part of the fiscal year that begins on the	130215
effective date of the change of operator. The department of ~~job~~	130216
~~and family services~~medicaid is not required to mail a notice to	130217
the entering operator regarding the amount of that fiscal year's	130218
fee for which the entering operator is responsible.	130219

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	130220
directly bill its residents for the franchise permit fee paid	130221
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	130222
Code or otherwise directly pass the fee through to its residents.	130223

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	130224
pay the full amount of a franchise permit fee installment when	130225
due, the department of ~~job and family services~~medicaid may assess	130226
a five per cent penalty on the amount due for each month or	130227
fraction thereof the installment is overdue.	130228

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	130229
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	130230
the department of ~~job and family services~~medicaid may do any of	130231
the following if a nursing facility or hospital fails to pay the	130232
full amount of a franchise permit fee installment when due:	130233

(1) Withhold an amount less than or equal to the installment	130234
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	130235
Code from a medicaid payment due the nursing facility or hospital	130236
until the nursing facility or hospital pays the installment and	130237
penalty;	130238

(2) Offset an amount less than or equal to the installment	130239
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	130240
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	130241
hospital;	130242

(3) Terminate the nursing facility or hospital's medicaid	130243
provider agreement.	130244

(B) The department may offset a medicaid payment under	130245
division (A) of this section without providing notice to the	130246
nursing facility or hospital and without conducting an	130247
adjudication under Chapter 119. of the Revised Code.	130248

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	130249
appeal the fee assessed under section ~~3721.51~~5168.42 of the	130250
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	130251
~~3721.513~~5168.45 of the Revised Code, and redetermined under	130252
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	130253
that the department of ~~job and family services~~medicaid committed	130254
a material error in determining or redetermining the amount of the	130255
fee. A request for an appeal must be received by the department	130256
not later than fifteen days after the date the department mails	130257
the notice of the fee and must include written materials setting	130258
forth the basis for the appeal.	130259

(B) If a nursing home or hospital submits a request for an	130260
appeal within the time required under division (A) of this	130261
section, the department ~~of job and family services~~ shall hold a	130262
public hearing in Columbus not later than thirty days after the	130263
date the department receives the request for an appeal. The	130264
department shall, not later than ten days before the date of the	130265
hearing, mail a notice of the date, time, and place of the hearing	130266
to the nursing home or hospital. The department may hear all the	130267
requested appeals in one public hearing.	130268

(C) On the basis of the evidence presented at the hearing or	130269
any other evidence submitted by the nursing home or hospital, the	130270
department may adjust a fee. The department's decision is final.	130271

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	130272
state treasury the nursing home franchise permit fee fund. All	130273
payments and penalties paid by nursing homes and hospitals under	130274
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	130275
of the Revised Code shall be deposited into the fund. The fund	130276
shall also consist of money deposited into it pursuant to sections	130277
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	130278
of section 3769.08 of the Revised Code, the department of ~~job and~~	130279
~~family services~~medicaid shall use the money in the fund to make	130280
medicaid payments to providers of nursing facility services and	130281
providers of home and community-based services. Money in the fund	130282
may also be used for the residential state supplement program	130283
established under section ~~5119.69~~5119.41 of the Revised Code.	130284

(B) Any money remaining in the nursing home franchise permit	130285
fee fund after payments specified in division (A) of this section	130286
are made shall be retained in the fund. Any interest or other	130287
investment proceeds earned on money in the fund shall be credited	130288
to the fund and used to make medicaid payments in accordance with	130289
division (A) of this section.	130290

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	130291
~~services~~medicaid may make any investigation it considers	130292
appropriate to obtain information necessary to fulfill its duties	130293
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	130294
Code. At the request of the department, the attorney general shall	130295
aid in any such investigations. The attorney general shall	130296
institute and prosecute all necessary actions for the enforcement	130297
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	130298
Code, except that at the request of the attorney general, the	130299
county prosecutor of the county in which a nursing home or	130300
hospital that has failed to comply with sections ~~3721.50~~5168.40	130301
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	130302
and prosecute any necessary action against the nursing home or	130303
hospital.	130304

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	130305
~~family services~~ shall adopt rules in accordance with Chapter 119.	130306
of the Revised Code to do both of the following:	130307

(A) Prescribe the actions the department of ~~job and family~~	130308
~~services~~medicaid will take to cease implementation of sections	130309
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	130310
the United States centers for medicare and medicaid services	130311
determines that the franchise permit fee established by those	130312
sections is an impermissible health-care related tax under ~~section~~	130313
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	130314
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	130315

(B) Establish any requirements or procedures the director	130316
considers necessary to implement sections ~~3721.50~~5168.40 to	130317
~~3721.58~~5168.56 of the Revised Code.	130318

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	130319
~~5112.39~~5168.71 of the Revised Code:	130320

(A) "Franchise permit fee rate" means the following:

130321

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	130322
~~ninety-nine~~twenty-four cents;	130323

(2) For fiscal year ~~2013~~2015 and each fiscal year	130324
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	130325

(B) "Indirect guarantee percentage" means the percentage	130326
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	130327
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	130328
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	130329
whether a class of providers is indirectly held harmless for any	130330
portion of the costs of a broad-based health-care-related tax. If	130331
the indirect guarantee percentage changes during a fiscal year,	130332
the indirect guarantee percentage is the following:	130333

(1) For the part of the fiscal year before the change takes	130334
effect, the percentage in effect before the change;	130335

(2) For the part of the fiscal year beginning with the date	130336
the indirect guarantee percentage changes, the new percentage.	130337

(C) "~~Intermediate care facility for the mentally retarded~~	130338
ICF/IID" has the same meaning as in section ~~5111.20~~5124.01 of	130339
the Revised Code~~, except that, until August 1, 2009, it does not~~	130340
~~include any such facility operated by the department of~~	130341
~~developmental disabilities~~.	130342

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	130343
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	130344

(E) "Provider agreement" has the same meaning as in section	130345
5124.01 of the Revised Code.	130346

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	130347
~~services~~developmental disabilities shall do all of the	130348
following:	130349

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	130350
and divisions (B) and (C) of this section and for the purposes	130351
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	130352
for each fiscal year each ~~intermediate care facility for the~~	130353
~~mentally retarded~~ICF/IID a franchise permit fee equal to the	130354
franchise permit fee rate multiplied by the product of the	130355
following:	130356

(1) The ~~number of beds certified under Title XIX of the~~	130357
~~"Social Security Act"~~ICF/IID's medicaid-certified capacity on the	130358
first day of May of the calendar year in which the assessment is	130359
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	130360
the Revised Code;	130361

(2) The number of days in the fiscal year.

130362

(B) If the total amount of the franchise permit fee assessed	130363
under division (A) of this section for a fiscal year exceeds the	130364
indirect guarantee percentage of the actual net patient revenue	130365
for all ~~intermediate care facilities for the mentally retarded~~	130366
ICFs/IID for that fiscal year and seventy-five per cent or more of	130367
the total number of ~~intermediate care facilities for the mentally~~	130368
~~retarded~~ICFs/IID receive enhanced medicaid payments or other	130369
state payments equal to seventy-five per cent or more of their	130370
total franchise permit fee assessments, do both of the following:	130371

(1) Recalculate the assessments under division (A) of this	130372
section using a per bed per day rate equal to the indirect	130373
guarantee percentage of actual net patient revenue for all	130374
~~intermediate care facilities for the mentally retarded~~ICFs/IID	130375
for that fiscal year;	130376

(2) Refund the difference between the amount of the franchise	130377
permit fee assessed for that fiscal year under division (A) of	130378
this section and the amount recalculated under division (B)(1) of	130379
this section as a credit against the assessments imposed under	130380
division (A) of this section for the subsequent fiscal year.	130381

(C) If the United States secretary of health and human	130382
services determines that the franchise permit fee established by	130383
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	130384
would be an impermissible health care-related tax under ~~section~~	130385
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	130386
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	130387
necessary actions to cease implementation of those sections in	130388
accordance with rules adopted under section ~~5112.39~~5168.71 of the	130389
Revised Code.	130390

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	130391
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	130392
Code and not later than the first day of each June, the department	130393
of developmental disabilities shall:	130394

~~(A) Not later than August 1, 1993, report to the department~~	130395
~~of job and family services the number of beds in each intermediate~~	130396
~~care facility for the mentally retarded certified on July 1, 1993,~~	130397
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	130398
~~42 U.S.C.A. 301, as amended;~~	130399

~~(B) Not later than June 1, 1994, and the first day of each~~	130400
~~June thereafter,~~ report to the department of ~~job and family~~	130401
~~services~~medicaid the number of beds in each ~~such facility~~	130402
~~certified~~ICF/IID on the preceding first day of May ~~under that~~	130403
~~title~~.	130404

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	130405
of August of each year, the department of ~~job and family services~~	130406
developmental disabilities shall determine the annual franchise	130407
permit fee for each ~~intermediate care facility for the mentally~~	130408
~~retarded~~ICF/IID in accordance with section ~~5112.31~~5168.61 of the	130409
Revised Code.	130410

(B) Not later than the first day of September of each year,	130411
the department shall mail to each ~~intermediate care facility for~~	130412
~~the mentally retarded~~ICF/IID notice of the amount of the	130413
franchise permit fee the ~~facility~~ICF/IID has been assessed under	130414
section ~~5112.31~~5168.61 of the Revised Code.	130415

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	130416
each ~~intermediate care facility for the mentally retarded~~ICF/IID	130417
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	130418
Code to the department in quarterly installment payments not later	130419
than forty-five days after the last day of each September,	130420
December, March, and June.	130421

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	130422
on the first day of May of a calendar year and ending on the first	130423
day of January of the immediately following calendar year, the	130424
operator of an ~~intermediate care facility for the mentally~~	130425
~~retarded~~ICF/IID converts, pursuant to section ~~5111.874~~5124.60	130426
of the Revised Code, one or more of the ~~facility's~~ICF/IID's beds	130427
to providing home and community-based services, the department of	130428
~~job and family services~~developmental disabilities shall do the	130429
following:	130430

(1) If the ~~facility's~~ICF/IID's medicaid certification is	130431
terminated because of the conversion, terminate the ~~facility's~~	130432
ICF/IID's franchise permit fee effective on the first day of the	130433
quarter immediately following the quarter in which the department	130434
receives the notice of the conversion from the director of health;	130435

(2) If the ~~facility's certified~~ICF/IID's medicaid-certified	130436
capacity ~~under medicaid~~ is reduced because of the conversion,	130437
redetermine the ~~facility's~~ICF/IID's franchise permit fee in	130438
accordance with division (B) of this section for the second half	130439
of the fiscal year for which the fee is assessed.	130440

(B)(1) To redetermine an ~~intermediate care facility for the~~	130441
~~mentally retarded's~~ICF/IID's franchise permit fee, the department	130442
shall multiply the franchise permit fee rate by the product of the	130443
following:	130444

(a) The ~~number of the facility's beds that remain certified~~	130445
~~under Title XIX of the "Social Security Act"~~ICF/IID's	130446
medicaid-certified capacity as of the date the conversion takes	130447
effect;	130448

(b) The number of days in the second half of the fiscal year	130449
for which the redetermination is made.	130450

(2) The ~~intermediate care facility for the mentally retarded~~	130451
ICF/IID shall pay its franchise permit fee as redetermined under	130452
division (B)(1) of this section in installment payments not later	130453
than forty-five days after the last day of March and June of the	130454
fiscal year for which the redetermination is made.	130455

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	130456
~~the mentally retarded~~ICF/IID fails to pay the full amount of an	130457
installment when due, the department of ~~job and family services~~	130458
developmental disabilities may assess a five per cent penalty on	130459
the amount due for each month or fraction thereof the installment	130460
is overdue.	130461

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	130462
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	130463
the department of ~~job and family services~~developmental	130464
disabilities may do any of the following if an ~~intermediate care~~	130465
~~facility for the mentally retarded~~ICF/IID fails to pay the full	130466
amount of a franchise permit fee installment when due:	130467

(1) Withhold an amount less than or equal to the installment	130468
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	130469
Code from a medicaid payment due the ~~facility~~ICF/IID until the	130470
~~facility~~ICF/IID pays the installment and penalty;	130471

(2) Offset an amount less than or equal to the installment	130472
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	130473
Code from a medicaid payment due the ~~facility~~ICF/IID;	130474

(3) ~~Terminate~~Provide for the department of medicaid to	130475
terminate the ~~facility's medicaid~~ICF/IID's provider agreement.	130476

(B) The department may offset a medicaid payment under	130477
division (A) of this section without providing notice to the	130478
~~intermediate care facility for the mentally retarded~~ICF/IID and	130479
without conducting an adjudication under Chapter 119. of the	130480
Revised Code.	130481

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	130482
~~the mentally retarded~~ICF/IID may appeal the franchise permit fee	130483
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	130484
on the grounds that the department of ~~job and family services~~	130485
developmental disabilities committed a material error in	130486
determining the amount of the fee. A request for an appeal must be	130487
received by the department not later than fifteen days after the	130488
date the department mails the notice of the fee and must include	130489
written materials setting forth the basis for the appeal.	130490

(B) If an ~~intermediate care facility for the mentally~~	130491
~~retarded~~ICF/IID submits a request for an appeal within the time	130492
required under division (A) of this section, the department shall	130493
hold a public hearing in Columbus not later than thirty days after	130494
the date the department receives the request for an appeal. The	130495
department shall, not later than ten days before the date of the	130496
hearing, mail a notice of the date, time, and place of the hearing	130497
to the ~~facility~~ICF/IID. The department may hear all requested	130498
appeals in one public hearing.	130499

(C) On the basis of the evidence presented at the hearing or	130500
any other evidence submitted by the ~~intermediate care facility for~~	130501
~~the mentally retarded~~ICF/IID, the department may adjust a fee.	130502
The department's decision is final.	130503

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	130504
treasury the home and community-based services for the mentally	130505
retarded and developmentally disabled fund. All installment	130506
payments and penalties paid by an ~~intermediate care facility for~~	130507
~~the mentally retarded~~ICF/IID under sections ~~5112.33~~5168.63 and	130508
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	130509
fund. As soon as possible after the end of each quarter, the	130510
medicaid director ~~of job and family services~~ shall certify to the	130511
director of budget and management the amount of money that is in	130512
the fund as of the last day of that quarter. On receipt of a	130513
certification, the director of budget and management shall	130514
transfer the amount so certified from the home and community-based	130515
services for the mentally retarded and developmentally disabled	130516
fund to the department of developmental disabilities operating and	130517
services fund created under section ~~5112.371~~5168.69 of the	130518
Revised Code.	130519

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	130520
treasury the department of developmental disabilities operating	130521
and services fund. The fund shall consist of the money transferred	130522
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	130523
in the fund shall be used for the expenses of the programs that	130524
the department of developmental disabilities administers and the	130525
department's administrative expenses.	130526

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	130527
~~services~~developmental disabilities may make any investigation it	130528
considers appropriate to obtain information necessary to fulfill	130529
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	130530
the Revised Code. At the request of the department, the attorney	130531
general shall aid in any such investigations. The attorney general	130532
shall institute and prosecute all necessary actions for the	130533
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	130534
Revised Code, except that at the request of the attorney general,	130535
the county prosecutor of the county in which an ~~intermediate care~~	130536
~~facility for the mentally retarded~~ICF/IID that has failed to	130537
comply with those sections is located shall institute and	130538
prosecute any necessary action against the ~~facility~~ICF/IID.	130539

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	130540
authorized by section 5162.021 of the Revised Code, the director	130541
of ~~job and family services~~developmental disabilities shall adopt	130542
rules in accordance with Chapter 119. of the Revised Code to do	130543
both of the following:	130544

(A) Prescribe the actions the department of developmental	130545
disabilities will take to cease implementation of sections ~~5112.30~~	130546
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	130547
States secretary of health and human services determines that the	130548
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	130549
Revised Code is an impermissible health care-related tax under	130550
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	130551
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	130552

(B) Establish any other requirements or procedures the	130553
director considers necessary to implement sections ~~5112.30~~5168.60	130554
to ~~5112.39~~5168.71 of the Revised Code.	130555

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	130556
~~family services~~ shall impose a penalty for each day that a	130557
hospital fails to report the information required under section	130558
~~5112.04~~5168.05 of the Revised Code on or before the dates	130559
specified in that section. The amount of the penalty shall be	130560
established by the director in rules adopted under section ~~5112.03~~	130561
5168.02 of the Revised Code.	130562

(B) In addition to any other remedy available to the	130563
department of ~~job and family services~~medicaid under law to	130564
collect unpaid assessments and transfers under sections ~~5112.01~~	130565
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	130566
shall impose a penalty of ten per cent of the amount due on any	130567
hospital that fails to pay assessments or make intergovernmental	130568
transfers by the dates required by rules adopted under section	130569
~~5112.03~~5168.02 of the Revised Code.	130570

(C) In addition to any other remedy available to the	130571
department of ~~job and family services~~medicaid under law to	130572
collect unpaid assessments imposed under section ~~5112.41~~5168.21	130573
of the Revised Code, the director shall impose a penalty of ten	130574
per cent of the amount due on any hospital that fails to pay the	130575
assessment by the date it is due.	130576

(D) The director shall waive the penalties provided for in	130577
this section for good cause shown by the hospital.	130578

(E) All penalties imposed under this section shall be	130579
deposited into the health care administration fund created by	130580
section ~~5111.94~~5162.54 of the Revised Code.	130581

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	130582
~~services~~medicaid may offset the amount of a hospital's unpaid	130583
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	130584
from one or more payments due the hospital under the medicaid	130585
program. The total amount that may be offset from one or more	130586
payments shall not exceed the amount of the unpaid penalty.	130587

Sec. 5302.221. (A) As used in this section:

130588

"Estate" has the same meaning as in section ~~5111.11~~5162.21	130589
of the Revised Code.	130590

"Medicaid estate recovery program" means the program	130591
instituted under section ~~5111.11~~5162.21 of the Revised Code.	130592

(B) The administrator of the medicaid estate recovery program	130593
shall prescribe a form on which a beneficiary of a transfer on	130594
death designation affidavit as provided in section 5302.22 of the	130595
Revised Code, who survives the deceased owner of the real property	130596
or an interest in the real property or that is in existence on the	130597
date of death of the deceased owner, or that beneficiary's	130598
representative is to indicate both of the following:	130599

(1) Whether the deceased owner was either of the following:

130600

(a) A decedent subject to the medicaid estate recovery	130601
program;	130602

(b) The spouse of a decedent subject to the medicaid estate	130603
recovery program.	130604

(2) Whether the real property or interest in the real	130605
property was part of the estate of a decedent subject to the	130606
medicaid estate recovery program.	130607

(C) A county recorder shall obtain a properly completed form	130608
prescribed under division (B) of this section from the beneficiary	130609
of a transfer on death designation affidavit or the beneficiary's	130610
representative and send a copy of the form to the administrator of	130611
the medicaid estate recovery program before recording the transfer	130612
of the real property or interest in the real property under	130613
section 5302.222 of the Revised Code.	130614

Sec. 5309.082. (A) As used in this section:

130615

"Estate" has the same meaning as in section ~~5111.11~~5162.21	130616
of the Revised Code.	130617

"Medicaid estate recovery program" means the program	130618
instituted under section ~~5111.11~~5162.21 of the Revised Code.	130619

(B) The administrator of the medicaid estate recovery program	130620
shall prescribe a form on which a surviving tenant under a	130621
survivorship tenancy or such a surviving tenant's representative	130622
is to indicate both of the following:	130623

(1) Whether the deceased survivorship tenant was either of	130624
the following:	130625

(a) A decedent subject to the medicaid estate recovery	130626
program;	130627

(b) The spouse of a decedent subject to the medicaid estate	130628
recovery program.	130629

(2) Whether the registered land under a survivorship tenancy	130630
was part of the estate of a decedent subject to the medicaid	130631
estate recovery program.	130632

(C) A county recorder shall obtain a properly completed form	130633
prescribed under division (B) of this section from the surviving	130634
tenant under a survivorship tenancy or the surviving tenant's	130635
representative and send a copy of the form to the administrator of	130636
the medicaid estate recovery program before registering the title	130637
in the surviving tenants under section 5309.081 of the Revised	130638
Code.	130639

Sec. 5309.68. Any person owning real estate, the title to	130640
which is registered, may request the withdrawal of such real	130641
estate from registration by presenting to the county recorder an	130642
affidavit of intention to withdraw. The affidavit shall describe	130643
the real estate, shall be properly executed and signed, and shall	130644
have attached to it the owner's duplicate certificate of title.	130645
Thereupon the county recorder shall register or record the	130646
affidavit and, upon order of the court, cancel said certificate of	130647
record, and ~~thereafter~~record the court's order in the	130648
unregistered land official records. Thereafter, said title shall	130649
be considered the same as other unregistered lands. ~~All deeds and~~	130650
~~mortgages heretofore filed conveying registered lands, the~~A	130651
registration certificate ~~of which~~that has been surrendered as	130652
herein provided, shall be recorded according to law, and	130653
thereafter the lands conveyed therein shall be considered the same	130654
as other unregistered lands.	130655

Sec. 5309.86. (A) Every memorial, notation, or cancellation	130656
of such memorial or notation, made on any certificate of title or	130657
duplicate thereof that is kept by paper means shall be signed by	130658
the county recorder or ~~his~~the recorder's authorized deputy or	130659
clerk.	130660

(B) If a county recorder maintains registered land records by	130661
nonpaper means in the manner authorized by section 5309.031 of the	130662
Revised Code, the signature and seal of the county recorder or the	130663
recorder's authorized deputy or clerk may be reproduced by	130664
electronic facsimile on a certificate of title or duplicate	130665
thereof. Any prior memorial, notation, or cancellation of such	130666
memorial or notation on a certificate of title or duplicate	130667
thereof shall note only the name of the prior recorder and need	130668
not be signed by the county recorder or the recorder's authorized	130669
deputy or clerk.	130670

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	130671
127.16 of the Revised Code the director of transportation may	130672
lease or lease-purchase all or any part of a transportation	130673
facility to or from one or more persons, one or more governmental	130674
agencies, a transportation improvement district, or any	130675
combination thereof, and may grant leases, easements, or licenses	130676
for lands under the control of the department of transportation.	130677
The director may adopt rules necessary to give effect to this	130678
section.	130679

(B) Plans and specifications for the construction of a	130680
transportation facility under a lease or lease-purchase agreement	130681
are subject to approval of the director and must meet or exceed	130682
all applicable standards of the department.	130683

(C) Any lease or lease-purchase agreement under which the	130684
department is the lessee shall be for a period not exceeding the	130685
then current two-year period for which appropriations have been	130686
made by the general assembly to the department, and such agreement	130687
may contain such other terms as the department and the other	130688
parties thereto agree, notwithstanding any other provision of law,	130689
including provisions that rental payments in amounts sufficient to	130690
pay bond service charges payable during the current two-year lease	130691
term shall be an absolute and unconditional obligation of the	130692
department independent of all other duties under the agreement	130693
without set-off or deduction or any other similar rights or	130694
defenses. Any such agreement may provide for renewal of the	130695
agreement at the end of each term for another term, not exceeding	130696
two years, provided that no renewal shall be effective until the	130697
effective date of an appropriation enacted by the general assembly	130698
from which the department may lawfully pay rentals under such	130699
agreement. Any such agreement may include, without limitation, any	130700
agreement by the department with respect to any costs of	130701
transportation facilities to be included prior to acquisition and	130702
construction of such transportation facilities. Any such agreement	130703
shall not constitute a debt or pledge of the faith and credit of	130704
the state, or of any political subdivision of the state, and the	130705
lessor shall have no right to have taxes or excises levied by the	130706
general assembly, or the taxing authority of any political	130707
subdivision of the state, for the payment of rentals thereunder.	130708
Any such agreement shall contain a statement to that effect.	130709

(D) A municipal corporation, township, or county may use	130710
service payments in lieu of taxes credited to special funds or	130711
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	130712
Revised Code to provide its contribution to the cost of a	130713
transportation facility, provided such facility was among the	130714
purposes for which such service payments were authorized. The	130715
contribution may be in the form of a lump sum or periodic	130716
payments.	130717

(E) Pursuant to the "Telecommunications Act of 1996," 110	130718
Stat. 152, 47 U.S.C. 332 note, the director may grant a lease,	130719
easement, or license in a transportation facility to a	130720
telecommunications service provider for construction, placement,	130721
or operation of a telecommunications facility. An interest granted	130722
under this division is subject to all of the following conditions:	130723

(1) The transportation facility is owned in fee simple or	130724
easement by this state at the time the lease, easement, or license	130725
is granted to the telecommunications provider.	130726

(2) The lease, easement, or license shall be granted on a	130727
competitive basis in accordance with policies and procedures to be	130728
determined by the director. The policies and procedures may	130729
include provisions for master leases for multiple sites.	130730

(3) The telecommunications facility shall be designed to	130731
accommodate the state's multi-agency radio communication system,	130732
the intelligent transportation system, and the department's	130733
communication system as the director may determine is necessary	130734
for highway or other departmental purposes.	130735

(4) The telecommunications facility shall be designed to	130736
accommodate such additional telecommunications equipment as may	130737
feasibly be co-located thereon as determined in the discretion of	130738
the director.	130739

(5) The telecommunications service providers awarded the	130740
lease, easement, or license, agree to permit other	130741
telecommunications service providers to co-locate on the	130742
telecommunications facility, and agree to the terms and conditions	130743
of the co-location as determined in the discretion of the	130744
director.	130745

(6) The director shall require indemnity agreements in favor	130746
of the department as a condition of any lease, easement, or	130747
license granted under this division. Each indemnity agreement	130748
shall secure this state and its agents from liability for damages	130749
arising out of safety hazards, zoning, and any other matter of	130750
public interest the director considers necessary.	130751

(7) The telecommunications service provider fully complies	130752
with any permit issued under section 5515.01 of the Revised Code	130753
pertaining to land that is the subject of the lease, easement, or	130754
license.	130755

(8) All plans and specifications shall meet with the	130756
director's approval.	130757

(9) Any other conditions the director determines necessary.

130758

(F) In accordance with section 5501.031 of the Revised Code,	130759
to further efforts to promote energy conservation and energy	130760
efficiency, the director may grant a lease, easement, or license	130761
in a transportation facility to a utility service provider that	130762
has received its certificate from the Ohio power siting board or	130763
appropriate local entity for construction, placement, or operation	130764
of an alternative energy generating facility service provider as	130765
defined in section 4928.64 of the Revised Code. An interest	130766
granted under this division is subject to all of the following	130767
conditions:	130768

(1) The transportation facility is owned in fee simple or in	130769
easement by this state at the time the lease, easement, or license	130770
is granted to the utility service provider.	130771

(2) The lease, easement, or license shall be granted on a	130772
competitive basis in accordance with policies and procedures to be	130773
determined by the director. The policies and procedures may	130774
include provisions for master leases for multiple sites.	130775

(3) The alternative energy generating facility shall be	130776
designed to provide energy for the department's transportation	130777
facilities with the potential for selling excess power on the	130778
power grid, as the director may determine is necessary for highway	130779
or other departmental purposes.	130780

(4) The director shall require indemnity agreements in favor	130781
of the department as a condition of any lease, easement, or	130782
license granted under this division. Each indemnity agreement	130783
shall secure this state from liability for damages arising out of	130784
safety hazards, zoning, and any other matter of public interest	130785
the director considers necessary.	130786

(5) The alternative energy service provider fully complies	130787
with any permit issued by the Ohio power siting board under	130788
Chapter 4906. of the Revised Code and complies with section	130789
5515.01 of the Revised Code pertaining to land that is the subject	130790
of the lease, easement, or license.	130791

(6) All plans and specifications shall meet with the	130792
director's approval.	130793

(7) Any other conditions the director determines necessary.

130794

(G) Money the department receives under ~~divisions (E) and (F)~~	130795
of this section shall be deposited into the state treasury to the	130796
credit of the highway operating fund.	130797

(H) A lease, easement, or license granted under division (E)	130798
or (F) of this section, and any telecommunications facility or	130799
alternative energy generating facility relating to such interest	130800
in a transportation facility, is hereby deemed to further the	130801
essential highway purpose of building and maintaining a safe,	130802
energy-efficient, and accessible transportation system.	130803

Sec. 5501.312. (A) The director of transportation may do all	130804
of the following:	130805

~~(A)~~(1) Contract in the manner provided by this section with	130806
one or more persons, a transportation improvement district, one or	130807
more governmental agencies, or any combination thereof, desiring	130808
the use or service of a transportation facility, and fix the	130809
terms, conditions, rentals, or other charges for such use or	130810
services. Such contract may provide for acquisition by such person	130811
or governmental agency of all or any part of the facility for such	130812
consideration payable over the period of the contract or otherwise	130813
as the director in ~~his~~the director's sole discretion determines	130814
to be appropriate.	130815

~~(B)~~(2) Make loans from any available source, including the	130816
federal share of a project, for the planning, acquisition, or	130817
construction of transportation facilities upon such terms as the	130818
director may determine or authorize, including secured or	130819
unsecured loans, and in connection therewith, enter into loan	130820
agreements, subordination agreements, and other agreements, accept	130821
notes and other forms of obligation to evidence the indebtedness	130822
and mortgages, liens, pledges, assignments, or other security	130823
interests to secure the indebtedness, which may be prior or	130824
subordinate to or on a parity with other indebtedness,	130825
obligations, mortgages, pledges, assignments, other security	130826
interests, or liens or encumbrances, and take such actions as are	130827
appropriate to protect the security and safeguard against losses,	130828
including foreclosure and the bidding upon and purchase of	130829
property upon foreclosure or other sale. Repayments of a federal	130830
share loan may be obligated by the director for any transportation	130831
purpose, including the reloaning of such repaid funds for other	130832
projects. Reloaned funds would be considered state loans, not	130833
federal share loans.	130834

~~(C)~~(3) Sell transportation facilities under such terms as he	130835
the director may determine, including conditional sale or	130836
installment sale, under which title may pass prior to or after	130837
completion of the facility, or at any time provided in the	130838
agreement pertaining to the sale, including sale under an option	130839
to purchase at a price which may be a nominal amount or less than	130840
true value at the time of the purchase;	130841

~~(D)~~(4) Grant a ~~mortage~~mortgage, lien, or other encumbrance	130842
on, or pledge or assignment of, or other security interest with	130843
respect to, all or any part of a transportation facility, or on,	130844
of, or with respect to any lease, sublease, sale, conditional sale	130845
or installment sale agreement, loan agreement, or other agreement	130846
pertaining to the lease, sublease, sale, or other disposition of a	130847
facility or pertaining to a loan made for a facility, or any	130848
guaranty or insurance agreement made with respect thereto, or any	130849
interest of the department of transportation therein, or any other	130850
interest granted, assigned, or released to secure payments to be	130851
made by the department, which mortgage, lien, encumbrance, pledge,	130852
assignment, or other security interest may be prior or subordinate	130853
to or on a parity with any other mortgage assignment, or other	130854
security interest, lien, or encumbrance;	130855

~~(E)~~(5) Contract for the acquisition or construction of a	130856
transportation facility or any part thereof and for the leasing,	130857
subleasing, sale, or other disposition of the facility in a manner	130858
determined by the director.	130859

(B) All money received by the department under this section	130860
shall be deposited into the state treasury to the credit of the	130861
highway operating fund.	130862

Sec. 5501.73. (A) After selecting a solicited or unsolicited	130863
proposal for a public-private initiative, the department of	130864
transportation shall enter into a public-private agreement for a	130865
transportation facility with the selected private entity or any	130866
configuration of private entities. An affected jurisdiction may be	130867
a party to a public-private agreement entered into by the	130868
department and a selected private entity or combination of private	130869
entities.	130870

(B) A public-private agreement under this section shall	130871
provide for all of the following:	130872

(1) Planning, acquisition, financing, development, design,	130873
construction, reconstruction, replacement, improvement,	130874
maintenance, management, repair, leasing, or operation of a	130875
transportation facility;	130876

(2) Term of the public-private agreement;

130877

(3) Type of property interest, if any, the private entity	130878
will have in the transportation facility;	130879

(4) A specific plan to ensure proper maintenance of the	130880
transportation facility throughout the term of the agreement and a	130881
return of the facility to the department, if applicable, in good	130882
condition and repair;	130883

(5) Whether user fees will be collected on the transportation	130884
facility and the basis by which such user fees shall be determined	130885
and modified;	130886

(6) Compliance with applicable federal, state, and local	130887
laws;	130888

(7) Grounds for termination of the public-private agreement	130889
by the department or operator;	130890

(8) Disposition of the facility upon completion of the	130891
agreement;	130892

(9) Procedures for amendment of the agreement.

130893

(C) A public-private agreement under this section may provide	130894
for any of the following:	130895

(1) Review and approval by the department of the operator's	130896
plans for the development and operation of the transportation	130897
facility;	130898

(2) Inspection by the department of construction of or	130899
improvements to the transportation facility;	130900

(3) Maintenance by the operator of a policy of liability	130901
insurance or self-insurance;	130902

(4) Filing by the operator, on a periodic basis, of	130903
appropriate financial statements in a form acceptable to the	130904
department;	130905

(5) Filing by the operator, on a periodic basis, of traffic	130906
reports in a form acceptable to the department;	130907

(6) Financing obligations of the operator and the department;

130908

(7) Apportionment of expenses between the operator and the	130909
department;	130910

(8) Rights and duties of the operator, the department, and	130911
other state and local governmental entities with respect to use of	130912
the transportation facility;	130913

(9) Rights and remedies available in the event of default or	130914
delay;	130915

(10) Terms and conditions of indemnification of the operator	130916
by the department;	130917

(11) Assignment, subcontracting, or other delegation of	130918
responsibilities of the operator or the department under the	130919
agreement to third parties, including other private entities and	130920
other state agencies;	130921

(12) Sale or lease to the operator of private property	130922
related to the transportation facility;	130923

(13) Traffic enforcement and other policing issues, including	130924
any reimbursement by the private entity for such services.	130925

(D)(1) The director of transportation may include in any	130926
public-private agreement under sections 5501.70 to 5501.83 of the	130927
Revised Code a provision authorizing a binding dispute resolution	130928
method for any controversy subsequently arising out of the	130929
contract. The binding dispute resolution method may proceed only	130930
upon agreement of all parties to the controversy. If all parties	130931
do not agree to proceed to a binding dispute resolution, a party	130932
having a claim against the department shall exhaust its	130933
administrative remedies specified in the public-private agreement	130934
prior to filing any action against the department in the court of	130935
claims.	130936

No appeal from the determination of a technical expert lies	130937
to any court, except that the court of common pleas of Franklin	130938
County may issue an order vacating such a determination upon the	130939
application of any party to the binding dispute resolution if any	130940
of the following applies:	130941

(a) The determination was procured by corruption, fraud, or	130942
undue means.	130943

(b) There was evidence of partiality or corruption on the	130944
part of the technical expert.	130945

(c) The technical expert was guilty of misconduct in refusing	130946
to postpone the hearing, upon sufficient cause shown, or in	130947
refusing to hear evidence pertinent and material to the	130948
controversy, or of any other misbehavior by which the rights of	130949
any party have been prejudiced.	130950

(2) As used in this division, "binding dispute resolution"	130951
means a binding determination after review by a technical expert	130952
of all relevant items, which may include documents, and by	130953
interviewing appropriate personnel and visiting the project site	130954
involved in the controversy. "Binding dispute resolution" does not	130955
involve representation by legal counsel or advocacy by any person	130956
on behalf of any party to the controversy.	130957

(E) No public-private agreement entered into under this	130958
section shall be construed to transfer to a private entity the	130959
director's authority to appropriate property under Chapters 163.,	130960
5501., and 5519. of the Revised Code.	130961

(F) Money collected by the department pursuant to an	130962
agreement entered into under this section shall be deposited into	130963
the state treasury to the credit of the highway operating fund.	130964

Sec. 5502.011. (A) As used in this section, "department of	130965
public safety" and "department" include all divisions within the	130966
department of public safety.	130967

(B) The director of public safety is the chief executive and	130968
administrative officer of the department. The director may	130969
establish policies governing the department, the performance of	130970
its employees and officers, the conduct of its business, and the	130971
custody, use, and preservation of departmental records, papers,	130972
books, documents, and property. The director also may authorize	130973
and approve investigations to be conducted by any of the	130974
department's divisions. Whenever the Revised Code imposes a duty	130975
upon or requires an action of the department, the director may	130976
perform the action or duty in the name of the department or direct	130977
such performance to be performed by the director's designee.	130978

(C) In addition to any other duties enumerated in the Revised	130979
Code, the director or the director's designee shall do all of the	130980
following:	130981

(1) Administer and direct the performance of the duties of	130982
the department;	130983

(2) Pursuant to Chapter 119. of the Revised Code, approve,	130984
adopt, and prescribe such forms and rules as are necessary to	130985
carry out the duties of the department;	130986

(3) On behalf of the department and in addition to any	130987
authority the Revised Code otherwise grants to the department,	130988
have the authority and responsibility for approving and entering	130989
into contracts, agreements, and other business arrangements;	130990

(4) Make appointments for the department as needed to comply	130991
with requirements of the Revised Code;	130992

(5) Approve employment actions of the department, including	130993
appointments, promotions, discipline, investigations, and	130994
terminations;	130995

(6) Accept, hold, and use, for the benefit of the department,	130996
any gift, donation, bequest, or devise, and may agree to and	130997
perform all conditions of the gift, donation, bequest, or devise,	130998
that are not contrary to law;	130999

(7) Apply for, allocate, disburse, and account for grants	131000
made available under federal law or from other federal, state, or	131001
private sources;	131002

(8) Develop a list of disqualifying offenses for licensure as	131003
a private investigator or a security guard provider pursuant to	131004
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	131005
Code;	131006

(9) Do all other acts necessary or desirable to carry out	131007
this chapter.	131008

(D)(1) The director of public safety may assess a reasonable	131009
fee, plus the amount of any charge or fee passed on from a	131010
financial institution, on a drawer or indorser for each of the	131011
following:	131012

(a) A check, draft, or money order that is returned or	131013
dishonored;	131014

(b) An automatic bank transfer that is declined, due to	131015
insufficient funds or for any other reason;	131016

(c) Any financial transaction device that is returned or	131017
dishonored for any reason.	131018

(2) The director shall deposit any fee collected under this	131019
division in an appropriate fund as determined by the director	131020
based on the tax, fee, or fine being paid.	131021

(3) As used in this division, "financial transaction device"	131022
has the same meaning as in section 113.40 of the Revised Code.	131023

(E) The director shall establish a homeland security advisory	131024
council to advise the director on homeland security, including	131025
homeland security funding efforts. The advisory council shall	131026
include, but not be limited to, state and local government	131027
officials who have homeland security or emergency management	131028
responsibilities and who represent first responders. The director	131029
shall appoint the members of the council, who shall serve without	131030
compensation.	131031

~~(F)(1) The director or the director's designee shall carry~~	131032
~~out the duties required of the director under Chapter 5507. of the~~	131033
~~Revised Code. The director may, at the director's discretion,~~	131034
~~assign employees of the department to provide assistance in~~	131035
~~carrying out those duties as the director considers necessary.~~	131036

~~(2) The director may adopt rules under Chapter 111. of the~~	131037
~~Revised Code to approve, adopt, and prescribe such forms and~~	131038
~~processes as are necessary to carry out the duties required of the~~	131039
~~director under Chapter 5507. of the Revised Code.~~	131040

Sec. 5505.12. (A) The state highway patrol retirement board	131041
shall have prepared annually by or under the supervision of an	131042
actuary an actuarial valuation of the pension assets, liabilities,	131043
and funding requirements of the state highway patrol retirement	131044
system as established pursuant to this chapter. The actuary shall	131045
complete the valuation in accordance with actuarial standards of	131046
practice promulgated by the actuarial standards board of the	131047
American academy of actuaries and prepare a report of the	131048
valuation. The report shall include all of the following:	131049

(1) A summary of the benefit provisions evaluated;

131050

(2) A summary of the census data and financial information	131051
used in the valuation;	131052

(3) A description of the actuarial assumptions, actuarial	131053
cost method, and asset valuation method used in the valuation,	131054
including a statement of the assumed rate of payroll growth and	131055
assumed rate of growth or decline in the number of members	131056
contributing to the retirement system;	131057

(4) A summary of findings that includes a statement of the	131058
actuarial accrued pension liabilities and unfunded actuarial	131059
accrued pension liabilities;	131060

(5) A schedule showing the effect of any changes in the	131061
benefit provisions, actuarial assumptions, or cost methods since	131062
the last annual actuarial valuation;	131063

(6) A statement of whether contributions to the retirement	131064
system are expected to be sufficient to satisfy the funding	131065
objectives established by the board.	131066

The board shall submit the report to the Ohio retirement	131067
study council, the director of budget and management, and the	131068
standing committees of the house of representatives and the senate	131069
with primary responsibility for retirement legislation immediately	131070
upon its availability and not later than the first day of July	131071
following the year for which the valuation was made.	131072

(B) At such times as the state highway patrol retirement	131073
board determines, and at least once in each five-year period after	131074
January 1, 1966, the board shall have prepared by or under the	131075
supervision of an actuary an actuarial investigation of the	131076
mortality, service, and other experience of the members,	131077
retirants, and beneficiaries to update the actuarial assumptions	131078
used in the actuarial valuation required by division (A) of this	131079
section. The actuary shall prepare a report of the actuarial	131080
investigation. The report shall be prepared and any recommended	131081
changes in actuarial assumptions shall be made in accordance with	131082
the actuarial standards of practice promulgated by the actuarial	131083
standards board of the American academy of actuaries. The report	131084
shall include all of the following:	131085

(1) A summary of relevant decrement and economic assumption	131086
experience observed over the period of the investigation;	131087

(2) Recommended changes in actuarial assumptions to be used	131088
in subsequent actuarial valuations required by division (A) of	131089
this section;	131090

(3) A measurement of the financial effect of the recommended	131091
changes in actuarial assumptions;	131092

(4) If the investigation required by this division includes	131093
the investigation required by division (F) of this section, a	131094
report of the result of that investigation.	131095

The board shall submit the report to the Ohio retirement	131096
study council and the standing committees of the house of	131097
representatives and the senate with primary responsibility for	131098
retirement legislation not later than the first day of November	131099
following the last fiscal year of the period the report covers.	131100

(C) The board may at any time request the actuary to make any	131101
studies or actuarial valuations to determine the adequacy of the	131102
rates of contributions provided by section 5505.15 of the Revised	131103
Code.	131104

(D) The board shall have prepared by or under the supervision	131105
of an actuary an actuarial analysis of any introduced legislation	131106
expected to have a measurable financial impact on the retirement	131107
system. The actuarial analysis shall be completed in accordance	131108
with the actuarial standards of practice promulgated by the	131109
actuarial standards board of the American academy of actuaries.	131110
The actuary shall prepare a report of the actuarial analysis,	131111
which shall include all of the following:	131112

(1) A summary of the statutory changes that are being	131113
evaluated;	131114

(2) A description of or reference to the actuarial	131115
assumptions and actuarial cost method used in the report;	131116

(3) A description of the participant group or groups included	131117
in the report;	131118

(4) A statement of the financial impact of the legislation,	131119
including the resulting increase, if any, in the employer normal	131120
cost percentage; the increase, if any, in actuarial accrued	131121
liabilities; and the per cent of payroll that would be required to	131122
amortize the increase in actuarial accrued liabilities as a level	131123
per cent of covered payroll for all active members over a period	131124
not to exceed thirty years;	131125

(5) A statement of whether the scheduled contributions to the	131126
system after the proposed change is enacted are expected to be	131127
sufficient to satisfy the funding objectives established by the	131128
board.	131129

Not later than sixty days from the date of introduction of	131130
the legislation, the board shall submit a copy of the actuarial	131131
analysis to the legislative service commission, the standing	131132
committees of the house of representatives and the senate with	131133
primary responsibility for retirement legislation, and the Ohio	131134
retirement study council.	131135

(E) The board shall have prepared annually a report giving a	131136
full accounting of the revenues and costs relating to the	131137
provision of benefits under section 5505.28 of the Revised Code.	131138
The report shall be made as of December 31, 1997, and the	131139
thirty-first day of December of each year thereafter. The report	131140
shall include the following:	131141

(1) A description of the statutory authority for the benefits	131142
provided;	131143

(2) A summary of the benefits;

131144

(3) A summary of the eligibility requirements for the	131145
benefits;	131146

(4) A statement of the number of participants eligible for	131147
the benefits;	131148

(5) A description of the accounting, asset valuation, and	131149
funding method used to provide the benefits;	131150

(6) A statement of the net assets available for the provision	131151
of the benefits as of the last day of the fiscal year;	131152

(7) A statement of any changes in the net assets available	131153
for the provision of benefits, including participant and employer	131154
contributions, net investment income, administrative expenses, and	131155
benefits provided to participants, as of the last day of the	131156
fiscal year;	131157

(8) For the last six consecutive fiscal years, a schedule of	131158
the net assets available for the benefits, the annual cost of	131159
benefits, administrative expenses incurred, and annual employer	131160
contributions allocated for the provision of benefits;	131161

(9) A description of any significant changes that affect the	131162
comparability of the report required under this division;	131163

(10) A statement of the amount paid under division (B) of	131164
section 5505.28 of the Revised Code.	131165

The board shall submit the report to the Ohio retirement	131166
study council, the director of budget and management, and the	131167
standing committees of the house of representatives and the senate	131168
with primary responsibility for retirement legislation immediately	131169
upon its availability and not later than the thirtieth day of June	131170
following the year for which the report was made.	131171

(F) At least once in each five-year period, the board shall	131172
have prepared by or under the supervision of an actuary an	131173
actuarial investigation of the deferred retirement option plan	131174
established under section 5505.50 of the Revised Code. The	131175
investigation shall include an examination of the financial	131176
impact, if any, on the retirement system of offering the plan to	131177
members.	131178

The actuary shall prepare a report of the actuarial	131179
investigation. The report shall include a determination of whether	131180
the plan, as established or modified, has a negative financial	131181
impact on the retirement system and, if so, recommendations on how	131182
to modify the plan to eliminate the negative financial impact. If	131183
the actuarial report indicates that the plan has a negative	131184
financial impact on the retirement system, the board shall modify	131185
the plan. If the board modifies the plan, the rights and	131186
obligations of members who have already elected to participate	131187
shall not be altered.	131188

The state's contributions to the employer accumulation fund	131189
shall not be increased to offset any negative financial impact of	131190
the deferred retirement option plan.	131191

The board may include the actuarial investigation required	131192
under this division as part of the actuarial investigation	131193
required under division (B) of this section. If the report of the	131194
actuarial investigation required by this division is not included	131195
in the report required by division (B) of this section, the board	131196
shall submit the report required by this division to the Ohio	131197
retirement study council and the standing committees of the house	131198
of representatives and the senate with primary responsibility for	131199
retirement legislation not later than the first day of November	131200
following the last fiscal year of the period the report covers.	131201

Sec. 5511.03. The director of transportation shall examine	131202
the existing highway facilities serving the several hospitals,	131203
educational institutions, and correctional and other similar	131204
institutions belonging to the state, and located outside municipal	131205
corporations. Where the director finds that any such state	131206
institution is not located on a state highway or connected with a	131207
highway by a suitable road, affording in its present condition	131208
adequate transportation facilities to those having occasion to	131209
visit such institution, the director may establish a state highway	131210
leading to such institution from a convenient point on an existing	131211
highway. Where the director finds that any such institution is not	131212
served by adequate highway facilities connecting it with the	131213
railroad delivery point from which it principally obtains fuel,	131214
provisions, and supplies, the director may establish a highway	131215
connecting such institution and railroad delivery point.	131216
Limitations imposed on the mileage of state highways shall not	131217
apply to highways established under this section.	131218

The director may construct at state expense all highways	131219
established under authority of this section and pay the entire	131220
cost thereof from the state highway operating fund. Such highways	131221
shall be maintained by the department of transportation and the	131222
cost shall be paid from the highway operating fund of the	131223
department.	131224

The directors of transportation, ~~mental health~~mental health	131225
and addiction services, developmental disabilities, and	131226
rehabilitation and correction may cooperate in the establishment,	131227
construction, reconstruction, maintenance, and repair of roads	131228
within the limits of state institutions. The cost shall be paid	131229
from funds appropriated for highway purposes and from the funds	131230
appropriated to the department of ~~mental health~~mental health and	131231
addiction services, department of developmental disabilities, or	131232
the department of rehabilitation and correction for capital	131233
improvements or maintenance in such proportion as may be agreed	131234
upon by the directors of transportation, ~~mental health~~mental	131235
health and addiction services, developmental disabilities, and	131236
rehabilitation and correction.	131237

Sec. 5515.08. (A) The department of transportation may	131238
contract to sell commercial advertising space within or on the	131239
outside surfaces of any building located within a roadside rest	131240
area under its jurisdiction in exchange for cash payment. Money	131241
the department receives under this section shall be deposited in	131242
the state treasury to the credit of the ~~roadside rest area~~	131243
~~improvement~~highway operating fund~~, which is hereby created. The~~	131244
~~department shall use the money in the fund only to improve~~	131245
~~roadside rest areas in accordance with section 5529.06 of the~~	131246
~~Revised Code~~.	131247

(B) Advertising placed under this section shall comply with	131248
all of the following:	131249

(1) It shall not be libelous or obscene and shall not promote	131250
any illegal product or service.	131251

(2) It shall not promote illegal discrimination on the basis	131252
of the race, religion, national origin, handicap, age, or ancestry	131253
of any person.	131254

(3) It shall not support or oppose any candidate for	131255
political office or any political cause, issue, or organization.	131256

(4) It shall comply with any controlling federal or state	131257
regulations or restrictions.	131258

(5) To the extent physically and technically practical, it	131259
shall state that the advertisement is a paid commercial	131260
advertisement and that the state does not endorse the product or	131261
service promoted by the advertisement or make any representation	131262
about the accuracy of the advertisement or the quality or	131263
performance of the product or service promoted by the	131264
advertisement.	131265

(6) It shall conform to all applicable rules adopted by the	131266
director of transportation under division (E) of this section.	131267

(C) Contracts entered into under this section shall be	131268
awarded only to the qualified bidder who submits the highest	131269
responsive bid or according to uniformly applied rate classes.	131270

(D) No person, except an advertiser alleging a breach of	131271
contract or the improper awarding of a contract, has a cause of	131272
action against the state with respect to any contract or	131273
advertising authorized by this section. Under no circumstances is	131274
the state liable for consequential or noneconomic damages with	131275
respect to any contract or advertising authorized under this	131276
section.	131277

(E) The director, in accordance with Chapter 119. of the	131278
Revised Code, shall adopt rules to implement this section. The	131279
rules shall be consistent with the policy of protecting the safety	131280
of the traveling public and consistent with the national policy	131281
governing the use and control of such roadside rest areas. The	131282
rules shall regulate the awarding of contracts and may regulate	131283
the content, display, and other aspects of the commercial	131284
advertising authorized by this section.	131285

Sec. 5540.03. (A) A transportation improvement district may:

131286

(1) Adopt bylaws for the regulation of its affairs and the	131287
conduct of its business;	131288

(2) Adopt an official seal;

131289

(3) Sue and be sued in its own name, plead and be impleaded,	131290
provided any actions against the district shall be brought in the	131291
court of common pleas of the county in which the principal office	131292
of the district is located, or in the court of common pleas of the	131293
county in which the cause of action arose, and all summonses,	131294
exceptions, and notices of every kind shall be served on the	131295
district by leaving a copy thereof at its principal office with	131296
the secretary-treasurer;	131297

(4) Purchase, construct, maintain, repair, sell, exchange,	131298
police, operate, or lease projects;	131299

(5) Issue either or both of the following for the purpose of	131300
providing funds to pay the costs of any project or part thereof:	131301

(a) Transportation improvement district revenue bonds;

131302

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	131303
Constitution;	131304

(6) Maintain such funds as it considers necessary;

131305

(7) Direct its agents or employees, when properly identified	131306
in writing and after at least five days' written notice, to enter	131307
upon lands within its jurisdiction to make surveys and	131308
examinations preliminary to the location and construction of	131309
projects for the district, without liability of the district or	131310
its agents or employees except for actual damage done;	131311

(8) Make and enter into all contracts and agreements	131312
necessary or incidental to the performance of its functions and	131313
the execution of its powers under this chapter;	131314

(9) Employ or retain or contract for the services of	131315
consulting engineers, superintendents, managers, and such other	131316
engineers, construction and accounting experts, financial	131317
advisers, trustees, marketing, remarketing, and administrative	131318
agents, attorneys, and other employees, independent contractors,	131319
or agents as are necessary in its judgment and fix their	131320
compensation, provided all such expenses shall be payable solely	131321
from the proceeds of bonds or from revenues;	131322

(10) Receive and accept from the federal or any state or	131323
local government, including, but not limited to, any agency,	131324
entity, or instrumentality of any of the foregoing, loans and	131325
grants for or in aid of the construction, maintenance, or repair	131326
of any project, and receive and accept aid or contributions from	131327
any source or person of money, property, labor, or other things of	131328
value, to be held, used, and applied only for the purposes for	131329
which such loans, grants, and contributions are made. Nothing in	131330
division (A)(10) of this section shall be construed as imposing	131331
any liability on this state for any loan received by a	131332
transportation improvement district from a third party unless this	131333
state has entered into an agreement to accept such liability.	131334

(11) Acquire, hold, and dispose of property in the exercise	131335
of its powers and the performance of its duties under this	131336
chapter;	131337

(12) Establish and collect tolls or user charges for its	131338
projects;	131339

(13) Subject to section 5540.18 of the Revised Code, enter	131340
into an agreement with a contiguous board of county commissioners	131341
other than the board of county commissioners that created the	131342
transportation improvement district, for the district to exercise	131343
all or any portion of its powers with respect to a project that is	131344
located wholly or partially within the county that is party to the	131345
agreement;	131346

(14) Do all acts necessary and proper to carry out the powers	131347
expressly granted in this chapter.	131348

(B) Chapters 123., 124., 125., 153., and 4115., and sections	131349
9.331 to 9.335 and 307.86 of the Revised Code do not apply to	131350
contracts or projects of a transportation improvement district.	131351

Sec. 5540.18. A board of county commissioners may enter into	131352
an agreement with a contiguous transportation improvement district	131353
that the board of county commissioners did not create for the	131354
district to undertake a project that is located wholly or	131355
partially within that county provided that, the board of county	131356
commissioners of the county that created the transportation	131357
improvement district also must enter into the agreement.	131358

No transportation improvement district shall undertake a	131359
project that is located wholly or partially within a county that	131360
did not create the transportation improvement district except	131361
pursuant to an agreement entered into in accordance with this	131362
section, a project being undertaken by two or more transportation	131363
improvement districts, or as otherwise provided by law.	131364

Sec. 5701.13. (A) As used in this section:

131365

(1) "Nursing home" means a nursing home or a home for the	131366
aging, as those terms are defined in section 3721.01 of the	131367
Revised Code, that is issued a license pursuant to section 3721.02	131368
of the Revised Code.	131369

(2) "Residential care facility" means a residential care	131370
facility, as defined in section 3721.01 of the Revised Code, that	131371
is issued a license pursuant to section 3721.02 of the Revised	131372
Code.	131373

(3) "Residential facility" means a residential facility	131374
licensed under section ~~5119.22~~5119.34 of the Revised Code that	131375
provides accommodations, supervision, and personal care services	131376
for three to sixteen unrelated adults.	131377

(B) As used in Title LVII of the Revised Code, and for the	131378
purpose of other sections of the Revised Code that refer	131379
specifically to Chapter 5701. or section 5701.13 of the Revised	131380
Code, a "home for the aged" means either of the following:	131381

(1) A place of residence for aged and infirm persons that	131382
satisfies divisions (B)(1)(a) to (e) of this section:	131383

(a) It is a nursing home, residential care facility, or	131384
residential facility.	131385

(b) It is owned by a corporation, unincorporated nonprofit	131386
association, or trust of a charitable, religious, or fraternal	131387
nature, that is organized and operated not for profit, is not	131388
formed for the pecuniary gain or profit of, and whose net earnings	131389
or any part of whose net earnings is not distributable to, its	131390
members, trustees, officers, or other private persons, and is	131391
exempt from federal income taxation under section 501 of the	131392
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	131393

(c) It is open to the public without regard to race, color,	131394
or national origin.	131395

(d) It does not pay, directly or indirectly, compensation for	131396
services rendered, interest on debts incurred, or purchase price	131397
for land, building, equipment, supplies, or other goods or	131398
chattels, which compensation, interest, or purchase price is	131399
unreasonably high.	131400

(e) It provides services for the life of each resident	131401
without regard to the resident's ability to continue payment for	131402
the full cost of the services.	131403

(2) A place of residence that satisfies divisions (B)(1)(b),	131404
(d), and (e) of this section; that satisfies the definition of	131405
"nursing home" or "residential care facility" under section	131406
3721.01 of the Revised Code or the definition of "residential	131407
facility" under division (A)(3) of this section regardless of	131408
whether it is licensed as such a home or facility; and that is	131409
provided at no charge to individuals on account of their service	131410
without compensation to a charitable, religious, fraternal, or	131411
educational institution, which individuals are aged or infirm and	131412
are members of the corporation, association, or trust that owns	131413
the place of residence. For the purposes of division (B)(2) of	131414
this section, "compensation" does not include furnishing room and	131415
board, clothing, health care, or other necessities, or stipends or	131416
other de minimis payments to defray the cost thereof.	131417

Exemption from taxation shall be accorded, on proper	131418
application, only to those homes or parts of homes that meet the	131419
standards and provide the services specified in this section.	131420

Nothing in this section shall be construed as preventing a	131421
home from requiring a resident with financial need to apply for	131422
any applicable financial assistance or requiring a home to retain	131423
a resident who willfully refuses to pay for services for which the	131424
resident has contracted even though the resident has sufficient	131425
resources to do so.	131426

(C)(1) If a corporation, unincorporated nonprofit	131427
association, or trust described in division (B)(1)(b) of this	131428
section is granted a certificate of need pursuant to section	131429
3702.52 of the Revised Code to construct, add to, or otherwise	131430
modify a nursing home, or is given approval pursuant to section	131431
3791.04 of the Revised Code to construct, add to, or otherwise	131432
modify a residential care facility or residential facility and if	131433
the corporation, association, or trust submits an affidavit to the	131434
tax commissioner stating that, commencing on the date of licensure	131435
and continuing thereafter, the home or facility will be operated	131436
in accordance with the requirements of divisions (B)(1)(a) to (e)	131437
of this section, the corporation, association, or trust shall be	131438
considered to be operating a "home for the aged" within the	131439
meaning of division (B)(1) of this section, beginning on the first	131440
day of January of the year in which such certificate is granted or	131441
approval is given.	131442

(2) If a corporation, association, or trust is considered to	131443
be operating a "home for the aged" pursuant to division (C)(1) of	131444
this section, the corporation, association, or trust shall notify	131445
the tax commissioner in writing upon the occurrence of any of the	131446
following events:	131447

(a) The corporation, association, or trust no longer intends	131448
to complete the construction of, addition to, or modification of	131449
the home or facility, to obtain the appropriate license for the	131450
home or facility, or to commence operation of the home or facility	131451
in accordance with the requirements of divisions (B)(1)(a) to (e)	131452
of this section;	131453

(b) The certificate of approval referred to in division	131454
(C)(1) of this section expires, is revoked, or is otherwise	131455
terminated prior to the completion of the construction of,	131456
addition to, or modification of the home or facility;	131457

(c) The license to operate the home or facility is not	131458
granted by the director of health within one year following	131459
completion of the construction of, addition to, or modification of	131460
the home or facility;	131461

(d) The license to operate the home or facility is not	131462
granted by the director of health within four years following the	131463
date upon which the certificate or approval referred to in	131464
division (C)(1) of this section was granted or given;	131465

(e) The home or facility is granted a license to operate as a	131466
nursing home, residential care facility, or residential facility.	131467

(3) Upon the occurrence of any of the events referred to in	131468
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	131469
corporation, association, or trust shall no longer be considered	131470
to be operating a "home for the aged" pursuant to division (C)(1)	131471
of this section, except that the tax commissioner, for good cause	131472
shown and to the extent the commissioner considers appropriate,	131473
may extend the time period specified in division (C)(2)(c) or (d)	131474
of this section, or both. Nothing in division (C)(3) of this	131475
section shall be construed to prevent a nursing home, residential	131476
care facility, or residential facility from qualifying as a "home	131477
for the aged" if, upon proper application made pursuant to	131478
division (B) of this section, it is found to meet the requirements	131479
of divisions (A) and (B) of this section.	131480

Sec. 5703.052. (A) There is hereby created in the state	131481
treasury the tax refund fund, from which refunds shall be paid for	131482
taxes illegally or erroneously assessed or collected, or for any	131483
other reason overpaid, that are levied by Chapter 4301., 4305.,	131484
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	131485
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	131486
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	131487
5727.81, and 5727.811 of the Revised Code. Refunds for fees	131488
illegally or erroneously assessed or collected, or for any other	131489
reason overpaid, that are levied by sections 3734.90 to 3734.9014	131490
of the Revised Code also shall be paid from the fund. Refunds for	131491
amounts illegally or erroneously assessed or collected by the tax	131492
commissioner, or for any other reason overpaid, that are due under	131493
section 1509.50 of the Revised Code shall be paid from the fund.	131494
However, refunds for taxes levied under section 5739.101 of the	131495
Revised Code shall not be paid from the tax refund fund, but shall	131496
be paid as provided in section 5739.104 of the Revised Code.	131497

(B)(1) Upon certification by the tax commissioner to the	131498
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	131499
another amount refunded, or by the superintendent of insurance of	131500
a domestic or foreign insurance tax refund, the treasurer of state	131501
shall place the amount certified to the credit of the fund. The	131502
certified amount transferred shall be derived from ~~current~~the	131503
receipts of the same tax, fee, or other amount from which the	131504
refund arose. ~~If current receipts from the tax, fee, or other~~	131505
~~amount from which the refund arose are inadequate to make the~~	131506
~~transfer of the amount so certified, the treasurer of state shall~~	131507
~~transfer such certified amount from current receipts of the sales~~	131508
~~tax levied by section 5739.02 of the Revised Code.~~	131509

(2) When ~~the treasurer of state provides for the payment of a~~	131510
~~refund of a tax, fee, or other amount from the current receipts of~~	131511
~~the sales tax, and the~~a refund is for a tax, fee, or other amount	131512
that is not levied by the state, the tax commissioner shall	131513
recover the amount of that refund from the next distribution of	131514
that tax, fee, or other amount that otherwise would be made to the	131515
taxing jurisdiction. If the amount to be recovered would exceed	131516
twenty-five per cent of the next distribution of that tax, fee, or	131517
other amount, the commissioner may spread the recovery over more	131518
than one future distribution, taking into account the amount to be	131519
recovered and the amount of the anticipated future distributions.	131520
In no event may the commissioner spread the recovery over a period	131521
to exceed twenty-four months.	131522

Sec. 5703.053. As used in this section, "postal service"	131523
means the United States postal service.	131524

An application to the tax commissioner for a tax refund under	131525
section 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061,	131526
5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5736.08, 5739.07,	131527
5741.10, 5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the	131528
Revised Code or division (B) of section 5703.05 of the Revised	131529
Code, or a fee refunded under section 3734.905 of the Revised	131530
Code, that is received after the last day for filing under such	131531
section shall be considered to have been filed in a timely manner	131532
if:	131533

(A) The application is delivered by the postal service and	131534
the earliest postal service postmark on the cover in which the	131535
application is enclosed is not later than the last day for filing	131536
the application;	131537

(B) The application is delivered by the postal service, the	131538
only postmark on the cover in which the application is enclosed	131539
was affixed by a private postal meter, the date of that postmark	131540
is not later than the last day for filing the application, and the	131541
application is received within seven days of such last day; or	131542

(C) The application is delivered by the postal service, no	131543
postmark date was affixed to the cover in which the application is	131544
enclosed or the date of the postmark so affixed is not legible,	131545
and the application is received within seven days of the last day	131546
for making the application.	131547

Sec. 5703.059. (A) The tax commissioner may adopt rules	131548
requiring returns, including any accompanying schedule or	131549
statement, for any of the following taxes to be filed	131550
electronically using the Ohio business gateway as defined in	131551
section 718.051 of the Revised Code, filed telephonically using	131552
the system known as the Ohio telefile system, or filed by any	131553
other electronic means prescribed by the commissioner:	131554

(1) Employer income tax withholding under Chapter 5747. of	131555
the Revised Code;	131556

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

131557

(3) Cigarette and tobacco product tax under Chapter 5743. of	131558
the Revised Code;	131559

(4) Severance tax under Chapter 5749. of the Revised Code;

131560

(5) Use tax under Chapter 5741. of the Revised Code;

131561

(6) Commercial activity tax under Chapter 5751. of the	131562
Revised Code;	131563

(7) Financial institutions tax under Chapter 5726. of the	131564
Revised Code;	131565

(8) Motor fuel receipts tax under Chapter 5736. of the	131566
Revised Code.	131567

(B) The tax commissioner may adopt rules requiring any	131568
payment of tax shown on such a return to be due to be made	131569
electronically in a manner approved by the commissioner.	131570

(C) A rule adopted under this section does not apply to	131571
returns or reports filed or payments made before six months after	131572
the effective date of the rule. The commissioner shall publicize	131573
any new electronic filing requirement on the department's web	131574
site. The commissioner shall educate the public of the requirement	131575
through seminars, workshops, conferences, or other outreach	131576
activities.	131577

(D) Any person required to file returns and make payments	131578
electronically under rules adopted under this section may apply to	131579
the commissioner, on a form prescribed by the commissioner, to be	131580
excused from that requirement. For good cause shown, the	131581
commissioner may excuse the applicant from the requirement and	131582
permit the applicant to file the returns or reports or make the	131583
payments required under this section by nonelectronic means.	131584

Sec. 5703.19. (A) To carry out the purposes of the laws that	131585
the tax commissioner is required to administer, the commissioner	131586
or any person employed by the commissioner for that purpose, upon	131587
demand, may inspect books, accounts, records, and memoranda of any	131588
person or public utility subject to those laws, and may examine	131589
under oath any officer, agent, or employee of that person or	131590
public utility. Any person other than the commissioner who makes a	131591
demand pursuant to this section shall produce the person's	131592
authority to make the inspection.	131593

(B) If a person or public utility receives at least ten days'	131594
written notice of a demand made under division (A) of this section	131595
and refuses to comply with that demand, a penalty of five hundred	131596
dollars shall be imposed upon the person or public utility for	131597
each day the person or public utility refuses to comply with the	131598
demand. Penalties imposed under this division may be assessed and	131599
collected in the same manner as assessments made under Chapter	131600
3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739., 5743.,	131601
5745., 5747., 5749., 5751., or 5753., or sections 3734.90 to	131602
3734.9014, of the Revised Code.	131603

Sec. 5703.21. (A) Except as provided in divisions (B) and	131604
(C) of this section, no agent of the department of taxation,	131605
except in the agent's report to the department or when called on	131606
to testify in any court or proceeding, shall divulge any	131607
information acquired by the agent as to the transactions,	131608
property, or business of any person while acting or claiming to	131609
act under orders of the department. Whoever violates this	131610
provision shall thereafter be disqualified from acting as an	131611
officer or employee or in any other capacity under appointment or	131612
employment of the department.	131613

(B)(1) For purposes of an audit pursuant to section 117.15 of	131614
the Revised Code, or an audit of the department pursuant to	131615
Chapter 117. of the Revised Code, or an audit, pursuant to that	131616
chapter, the objective of which is to express an opinion on a	131617
financial report or statement prepared or issued pursuant to	131618
division (A)(7) or (9) of section 126.21 of the Revised Code, the	131619
officers and employees of the auditor of state charged with	131620
conducting the audit shall have access to and the right to examine	131621
any state tax returns and state tax return information in the	131622
possession of the department to the extent that the access and	131623
examination are necessary for purposes of the audit. Any	131624
information acquired as the result of that access and examination	131625
shall not be divulged for any purpose other than as required for	131626
the audit or unless the officers and employees are required to	131627
testify in a court or proceeding under compulsion of legal	131628
process. Whoever violates this provision shall thereafter be	131629
disqualified from acting as an officer or employee or in any other	131630
capacity under appointment or employment of the auditor of state.	131631

(2) For purposes of an internal audit pursuant to section	131632
126.45 of the Revised Code, the officers and employees of the	131633
office of internal ~~auditing~~audit in the office of budget and	131634
management charged with ~~conducting~~directing the internal audit	131635
shall have access to and the right to examine any state tax	131636
returns and state tax return information in the possession of the	131637
department to the extent that the access and examination are	131638
necessary for purposes of the internal audit. Any information	131639
acquired as the result of that access and examination shall not be	131640
divulged for any purpose other than as required for the internal	131641
audit or unless the officers and employees are required to testify	131642
in a court or proceeding under compulsion of legal process.	131643
Whoever violates this provision shall thereafter be disqualified	131644
from acting as an officer or employee or in any other capacity	131645
under appointment or employment of the office of internal ~~auditing~~	131646
audit.	131647

(3) As provided by section 6103(d)(2) of the Internal Revenue	131648
Code, any federal tax returns or federal tax information that the	131649
department has acquired from the internal revenue service, through	131650
federal and state statutory authority, may be disclosed to the	131651
auditor of state or the office of internal ~~auditing~~audit solely	131652
for purposes of an audit of the department.	131653

(4) For purposes of Chapter 3739. of the Revised Code, an	131654
agent of the department of taxation may share information with the	131655
division of state fire marshal that the agent finds during the	131656
course of an investigation.	131657

(C) Division (A) of this section does not prohibit any of the	131658
following:	131659

(1) Divulging information contained in applications,	131660
complaints, and related documents filed with the department under	131661
section 5715.27 of the Revised Code or in applications filed with	131662
the department under section 5715.39 of the Revised Code;	131663

(2) Providing information to the office of child support	131664
within the department of job and family services pursuant to	131665
section 3125.43 of the Revised Code;	131666

(3) Disclosing to the motor vehicle repair board any	131667
information in the possession of the department that is necessary	131668
for the board to verify the existence of an applicant's valid	131669
vendor's license and current state tax identification number under	131670
section 4775.07 of the Revised Code;	131671

(4) Providing information to the administrator of workers'	131672
compensation pursuant to sections 4123.271 and 4123.591 of the	131673
Revised Code;	131674

(5) Providing to the attorney general information the	131675
department obtains under division (J) of section 1346.01 of the	131676
Revised Code;	131677

(6) Permitting properly authorized officers, employees, or	131678
agents of a municipal corporation from inspecting reports or	131679
information pursuant to rules adopted under section 5745.16 of the	131680
Revised Code;	131681

(7) Providing information regarding the name, account number,	131682
or business address of a holder of a vendor's license issued	131683
pursuant to section 5739.17 of the Revised Code, a holder of a	131684
direct payment permit issued pursuant to section 5739.031 of the	131685
Revised Code, or a seller having a use tax account maintained	131686
pursuant to section 5741.17 of the Revised Code, or information	131687
regarding the active or inactive status of a vendor's license,	131688
direct payment permit, or seller's use tax account;	131689

(8) Releasing invoices or invoice information furnished under	131690
section 4301.433 of the Revised Code pursuant to that section;	131691

(9) Providing to a county auditor notices or documents	131692
concerning or affecting the taxable value of property in the	131693
county auditor's county. Unless authorized by law to disclose	131694
documents so provided, the county auditor shall not disclose such	131695
documents;	131696

(10) Providing to a county auditor sales or use tax return or	131697
audit information under section 333.06 of the Revised Code;	131698

(11) Subject to section 4301.441 of the Revised Code,	131699
disclosing to the appropriate state agency information in the	131700
possession of the department of taxation that is necessary to	131701
verify a permit holder's gallonage or noncompliance with taxes	131702
levied under Chapter 4301. or 4305. of the Revised Code;	131703

(12) Disclosing to the department of natural resources	131704
information in the possession of the department of taxation that	131705
is necessary for the department of taxation to verify the	131706
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	131707
of section 5749.02 of the Revised Code ~~and information received~~	131708
~~pursuant to section 1509.50 of the Revised Code concerning the~~	131709
~~amount due under that section~~or to allow the department of	131710
natural resources to enforce Chapter 1509. of the Revised Code;	131711

(13) Disclosing to the department of job and family services,	131712
industrial commission, and bureau of workers' compensation	131713
information in the possession of the department of taxation solely	131714
for the purpose of identifying employers that misclassify	131715
employees as independent contractors or that fail to properly	131716
report and pay employer tax liabilities. The department of	131717
taxation shall disclose only such information that is necessary to	131718
verify employer compliance with law administered by those	131719
agencies.	131720

(14) Disclosing to the Ohio casino control commission	131721
information in the possession of the department of taxation that	131722
is necessary to verify a casino operator's compliance with section	131723
5747.063 or 5753.02 of the Revised Code and sections related	131724
thereto;	131725

(15) Disclosing to the state lottery commission information	131726
in the possession of the department of taxation that is necessary	131727
to verify a lottery sales agent's compliance with section 5747.064	131728
of the Revised Code.	131729

Sec. 5703.37. (A)(1) Except as provided in division (B) of	131730
this section, whenever service of a notice or order is required in	131731
the manner provided in this section, a copy of the notice or order	131732
shall be served upon the person affected thereby either by	131733
personal service, by certified mail, or by a delivery service	131734
authorized under section 5703.056 of the Revised Code that	131735
notifies the tax commissioner of the date of delivery.	131736

(2) In lieu of serving a copy of a notice or order through	131737
one of the means provided in division (A)(1) of this section, the	131738
commissioner may serve a notice or order upon the person affected	131739
thereby through alternative means as provided in this section,	131740
including, but not limited to, delivery by secure electronic mail	131741
as provided in division (F) of this section. Delivery by such	131742
means satisfies the requirements for delivery under this section.	131743

(B)(1)(a) If certified mail is returned because of an	131744
undeliverable address, the commissioner shall first utilize	131745
reasonable means to ascertain a new last known address, including	131746
the use of a change of address service offered by the United	131747
States postal service or an authorized delivery service under	131748
section 5703.056 of the Revised Code. If, after using reasonable	131749
means, the commissioner is unable to ascertain a new last known	131750
address, the assessment is final for purposes of section 131.02 of	131751
the Revised Code sixty days after the notice or order sent by	131752
certified mail is first returned to the commissioner, and the	131753
commissioner shall certify the notice or order, if applicable, to	131754
the attorney general for collection under section 131.02 of the	131755
Revised Code.	131756

(b) Notwithstanding certification to the attorney general	131757
under division (B)(1)(a) of this section, once the commissioner or	131758
attorney general, or the designee of either, makes an initial	131759
contact with the person to whom the notice or order is directed,	131760
the person may protest an assessment by filing a petition for	131761
reassessment within sixty days after the initial contact. The	131762
certification of an assessment under division (B)(1)(a) of this	131763
section is prima-facie evidence that delivery is complete and that	131764
the notice or order is served.	131765

(2) If mailing of a notice or order by certified mail is	131766
returned for some cause other than an undeliverable address or if	131767
a person does not access an electronic notice or order within the	131768
time provided in division (F) of this section, the commissioner	131769
shall resend the notice or order by ordinary mail. The notice or	131770
order shall show the date the commissioner sends the notice or	131771
order and include the following statement:	131772

"This notice or order is deemed to be served on the addressee	131773
under applicable law ten days from the date this notice or order	131774
was mailed by the commissioner as shown on the notice or order,	131775
and all periods within which an appeal may be filed apply from and	131776
after that date."	131777

Unless the mailing is returned because of an undeliverable	131778
address, the mailing of that information is prima-facie evidence	131779
that delivery of the notice or order was completed ten days after	131780
the commissioner sent the notice or order by ordinary mail and	131781
that the notice or order was served.	131782

If the ordinary mail is subsequently returned because of an	131783
undeliverable address, the commissioner shall proceed under	131784
division (B)(1)(a) of this section. A person may challenge the	131785
presumption of delivery and service under this division in	131786
accordance with division (C) of this section.	131787

(C)(1) A person disputing the presumption of delivery and	131788
service under division (B) of this section bears the burden of	131789
proving by a preponderance of the evidence that the address to	131790
which the notice or order was sent was not an address with which	131791
the person was associated at the time the commissioner originally	131792
mailed the notice or order by certified mail. For the purposes of	131793
this section, a person is associated with an address at the time	131794
the commissioner originally mailed the notice or order if, at that	131795
time, the person was residing, receiving legal documents, or	131796
conducting business at the address; or if, before that time, the	131797
person had conducted business at the address and, when the notice	131798
or order was mailed, the person's agent or the person's affiliate	131799
was conducting business at the address. For the purposes of this	131800
section, a person's affiliate is any other person that, at the	131801
time the notice or order was mailed, owned or controlled at least	131802
twenty per cent, as determined by voting rights, of the	131803
addressee's business.	131804

(2) If the person elects to protest an assessment certified	131805
to the attorney general for collection, the person must do so	131806
within sixty days after the attorney general's initial contact	131807
with the person. The attorney general may enter into a compromise	131808
with the person under sections 131.02 and 5703.06 of the Revised	131809
Code if the person does not file a petition for reassessment with	131810
the commissioner.	131811

(D) Nothing in this section prohibits the commissioner or the	131812
commissioner's designee from delivering a notice or order by	131813
personal service.	131814

(E) Collection actions taken pursuant to section 131.02 of	131815
the Revised Code upon any assessment being challenged under	131816
division (B)(1)(b) of this section shall be stayed upon the	131817
pendency of an appeal under this section. If a petition for	131818
reassessment is filed pursuant to this section on a claim that has	131819
been certified to the attorney general for collection, the claim	131820
shall be uncertified.	131821

(F) The commissioner may serve a notice or order upon the	131822
person affected by the notice or order through secure electronic	131823
means only with the person's consent. The commissioner must inform	131824
the recipient, electronically or by mail, that a notice or order	131825
is available for electronic review and provide instructions to	131826
access and print the notice or order. The recipient's electronic	131827
access of the notice or order satisfies the requirements for	131828
delivery under this section. If the recipient fails to access the	131829
notice or order electronically within ten business days, then the	131830
commissioner shall inform the recipient a second time,	131831
electronically or by mail, that a notice or order is available for	131832
electronic review and provide instructions to access and print the	131833
notice or order. If the recipient fails to access the notice or	131834
order electronically within ten business days of the second	131835
notification, the notice or order shall be served upon the person	131836
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	131837
section.	131838

(G) As used in this section:

131839

(1) "Last known address" means the address the department has	131840
at the time the document is originally sent by certified mail, or	131841
any address the department can ascertain using reasonable means	131842
such as the use of a change of address service offered by the	131843
United States postal service or an authorized delivery service	131844
under section 5703.056 of the Revised Code.	131845

(2) "Undeliverable address" means an address to which the	131846
United States postal service or an authorized delivery service	131847
under section 5703.056 of the Revised Code is not able to deliver	131848
a notice or order, except when the reason for nondelivery is	131849
because the addressee fails to acknowledge or accept the notice or	131850
order.	131851

Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the	131852
Revised Code:	131853

(A) "Tax" includes only those taxes imposed on tangible	131854
personal property listed in accordance with Chapter 5711. of the	131855
Revised Code and taxes imposed under Chapters 5733., 5736., 5739.,	131856
5741., 5747., and 5751. of the Revised Code.	131857

(B) "Taxpayer" means a person subject to or potentially	131858
subject to a tax including an employer required to deduct and	131859
withhold any amount under section 5747.06 of the Revised Code.	131860

(C) "Audit" means the examination of a taxpayer or the	131861
inspection of the books, records, memoranda, or accounts of a	131862
taxpayer for the purpose of determining liability for a tax.	131863

(D) "Assessment" means a notice of underpayment or nonpayment	131864
of a tax issued pursuant to section 5711.26, 5711.32, 5733.11,	131865
5736.09, 5739.13, 5741.11, 5741.13, 5747.13, or 5751.09 of the	131866
Revised Code.	131867

(E) "County auditor" means the auditor of the county in which	131868
the tangible personal property subject to a tax is located.	131869

Sec. 5703.70. (A) On the filing of an application for refund	131870
under section 3734.905, 4307.05, 4307.07, 5726.30, 5727.28,	131871
5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141,	131872
5735.142, 5735.18, 5736.08, 5739.07, 5739.071, 5739.104, 5741.10,	131873
5743.05, 5743.53, 5749.08, 5751.08, or 5753.06 of the Revised	131874
Code, or an application for compensation under section 5739.061 of	131875
the Revised Code, if the tax commissioner determines that the	131876
amount of the refund or compensation to which the applicant is	131877
entitled is less than the amount claimed in the application, the	131878
commissioner shall give the applicant written notice by ordinary	131879
mail of the amount. The notice shall be sent to the address shown	131880
on the application unless the applicant notifies the commissioner	131881
of a different address. The applicant shall have sixty days from	131882
the date the commissioner mails the notice to provide additional	131883
information to the commissioner or request a hearing, or both.	131884

(B) If the applicant neither requests a hearing nor provides	131885
additional information to the tax commissioner within the time	131886
prescribed by division (A) of this section, the commissioner shall	131887
take no further action, and the refund or compensation amount	131888
denied becomes final.	131889

(C)(1) If the applicant requests a hearing within the time	131890
prescribed by division (A) of this section, the tax commissioner	131891
shall assign a time and place for the hearing and notify the	131892
applicant of such time and place, but the commissioner may	131893
continue the hearing from time to time as necessary. After the	131894
hearing, the commissioner may make such adjustments to the refund	131895
or compensation as the commissioner finds proper, and shall issue	131896
a final determination thereon.	131897

(2) If the applicant does not request a hearing, but provides	131898
additional information, within the time prescribed by division (A)	131899
of this section, the commissioner shall review the information,	131900
make such adjustments to the refund or compensation as the	131901
commissioner finds proper, and issue a final determination	131902
thereon.	131903

(3) The commissioner shall serve a copy of the final	131904
determination made under division (C)(1) or (2) of this section on	131905
the applicant in the manner provided in section 5703.37 of the	131906
Revised Code, and the decision is final, subject to appeal under	131907
section 5717.02 of the Revised Code.	131908

(D) The tax commissioner shall certify to the director of	131909
budget and management and treasurer of state for payment from the	131910
tax refund fund created by section 5703.052 of the Revised Code,	131911
the amount of the refund to be refunded under division (B) or (C)	131912
of this section. The commissioner also shall certify to the	131913
director and treasurer of state for payment from the general	131914
revenue fund the amount of compensation to be paid under division	131915
(B) or (C) of this section.	131916

Sec. 5703.75. This section applies to any tax payable to the	131917
state and administered by the tax commissioner. If the total	131918
amount of any such tax shown to be due on a return, amended	131919
return, or notice does not exceed one dollar, the taxpayer shall	131920
not be required to remit the amount due. If the total amount of a	131921
taxpayer's overpayment of any such tax does not exceed one dollar,	131922
the tax commissioner shall not be required to refund the	131923
overpayment.	131924

Sec. 5703.76. Any payment or distribution of money that the	131925
tax commissioner is required by law to make to a political	131926
subdivision of this state, an officer thereof, or a political	131927
party shall be made by electronic funds transfer. The commissioner	131928
shall promulgate any rules necessary to administer this section.	131929

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	131930
department of taxation shall acquire the necessary hardware,	131931
software, and services to establish and implement a tax discovery	131932
data system to increase the efficiency of tax collections in the	131933
state. The system must be fully integrated and pre-staged for the	131934
purposes of assisting in revenue analysis, discovering	131935
noncompliant taxpayers, and collecting taxes from those taxpayers.	131936
The system shall consolidate tax data from various mainframe	131937
systems and operate as a single tax discovery data system. The	131938
department shall contract, pursuant to a competitive bidding	131939
process, for the necessary hardware, software, and services to	131940
implement the tax discovery data system.	131941

~~(B) There is hereby created in the state treasury the~~	131942
~~discovery project fund. All money to the credit of the fund shall~~	131943
~~be used to pay the costs of implementing and operating the tax~~	131944
~~discovery data system and to defray the costs incurred by the~~	131945
~~department of taxation in administering the system.~~	131946

~~(C) Beginning July 1, 2009, on or before the first day of~~	131947
~~January, April, July, and October of each calendar year, the tax~~	131948
~~commissioner shall determine and certify to the director of budget~~	131949
~~and management the amount needed to pay the costs of operating the~~	131950
~~tax discovery data system in the previous calendar quarter and the~~	131951
~~costs incurred in the previous calendar quarter by the department~~	131952
~~of taxation in administering the system. The director shall~~	131953
~~provide for payment from the general revenue fund to the discovery~~	131954
~~project fund of the amount so certified.~~	131955

Sec. 5705.01. As used in this chapter:

131956

(A) "Subdivision" means any county; municipal corporation;	131957
township; township police district; joint police district;	131958
township fire district; joint fire district; joint ambulance	131959
district; joint emergency medical services district; fire and	131960
ambulance district; joint recreation district; township waste	131961
disposal district; township road district; community college	131962
district; technical college district; detention facility district;	131963
a district organized under section 2151.65 of the Revised Code; a	131964
combined district organized under sections 2152.41 and 2151.65 of	131965
the Revised Code; a joint-county alcohol, drug addiction, and	131966
mental health service district; a drainage improvement district	131967
created under section 6131.52 of the Revised Code; a lake	131968
facilities authority created under Chapter 353. of the Revised	131969
Code; a union cemetery district; a county school financing	131970
district; a city, local, exempted village, cooperative education,	131971
or joint vocational school district; or a regional student	131972
education district created under section 3313.83 of the Revised	131973
Code.	131974

(B) "Municipal corporation" means all municipal corporations,	131975
including those that have adopted a charter under Article XVIII,	131976
Ohio Constitution.	131977

(C) "Taxing authority" or "bond issuing authority" means, in	131978
the case of any county, the board of county commissioners; in the	131979
case of a municipal corporation, the council or other legislative	131980
authority of the municipal corporation; in the case of a city,	131981
local, exempted village, cooperative education, or joint	131982
vocational school district, the board of education; in the case of	131983
a community college district, the board of trustees of the	131984
district; in the case of a technical college district, the board	131985
of trustees of the district; in the case of a detention facility	131986
district, a district organized under section 2151.65 of the	131987
Revised Code, or a combined district organized under sections	131988
2152.41 and 2151.65 of the Revised Code, the joint board of county	131989
commissioners of the district; in the case of a township, the	131990
board of township trustees; in the case of a joint police	131991
district, the joint police district board; in the case of a joint	131992
fire district, the board of fire district trustees; in the case of	131993
a joint recreation district, the joint recreation district board	131994
of trustees; in the case of a joint-county alcohol, drug	131995
addiction, and mental health service district, the district's	131996
board of alcohol, drug addiction, and mental health services; in	131997
the case of a joint ambulance district or a fire and ambulance	131998
district, the board of trustees of the district; in the case of a	131999
union cemetery district, the legislative authority of the	132000
municipal corporation and the board of township trustees, acting	132001
jointly as described in section 759.341 of the Revised Code; in	132002
the case of a drainage improvement district, the board of county	132003
commissioners of the county in which the drainage district is	132004
located; in the case of a lake facilities authority, the board of	132005
directors; in the case of a joint emergency medical services	132006
district, the joint board of county commissioners of all counties	132007
in which all or any part of the district lies; and in the case of	132008
a township police district, a township fire district, a township	132009
road district, or a township waste disposal district, the board of	132010
township trustees of the township in which the district is	132011
located. "Taxing authority" also means the educational service	132012
center governing board that serves as the taxing authority of a	132013
county school financing district as provided in section 3311.50 of	132014
the Revised Code, and the board of directors of a regional student	132015
education district created under section 3313.83 of the Revised	132016
Code.	132017

(D) "Fiscal officer" in the case of a county, means the	132018
county auditor; in the case of a municipal corporation, the city	132019
auditor or village clerk, or an officer who, by virtue of the	132020
charter, has the duties and functions of the city auditor or	132021
village clerk, except that in the case of a municipal university	132022
the board of directors of which have assumed, in the manner	132023
provided by law, the custody and control of the funds of the	132024
university, the chief accounting officer of the university shall	132025
perform, with respect to the funds, the duties vested in the	132026
fiscal officer of the subdivision by sections 5705.41 and 5705.44	132027
of the Revised Code; in the case of a school district, the	132028
treasurer of the board of education; in the case of a county	132029
school financing district, the treasurer of the educational	132030
service center governing board that serves as the taxing	132031
authority; in the case of a township, the township fiscal officer;	132032
in the case of a joint police district, the treasurer of the	132033
district; in the case of a joint fire district, the clerk of the	132034
board of fire district trustees; in the case of a joint ambulance	132035
district, the clerk of the board of trustees of the district; in	132036
the case of a joint emergency medical services district, the	132037
person appointed as fiscal officer pursuant to division (D) of	132038
section 307.053 of the Revised Code; in the case of a fire and	132039
ambulance district, the person appointed as fiscal officer	132040
pursuant to division (B) of section 505.375 of the Revised Code;	132041
in the case of a joint recreation district, the person designated	132042
pursuant to section 755.15 of the Revised Code; in the case of a	132043
union cemetery district, the clerk of the municipal corporation	132044
designated in section 759.34 of the Revised Code; in the case of a	132045
children's home district, educational service center, general	132046
health district, joint-county alcohol, drug addiction, and mental	132047
health service district, county library district, detention	132048
facility district, district organized under section 2151.65 of the	132049
Revised Code, a combined district organized under sections 2152.41	132050
and 2151.65 of the Revised Code, or a metropolitan park district	132051
for which no treasurer has been appointed pursuant to section	132052
1545.07 of the Revised Code, the county auditor of the county	132053
designated by law to act as the auditor of the district; in the	132054
case of a metropolitan park district which has appointed a	132055
treasurer pursuant to section 1545.07 of the Revised Code, that	132056
treasurer; in the case of a drainage improvement district, the	132057
auditor of the county in which the drainage improvement district	132058
is located; in the case of a lake facilities authority, the fiscal	132059
officer designated under section 353.02 of the Revised Code; in	132060
the case of a regional student education district, the fiscal	132061
officer appointed pursuant to section 3313.83 of the Revised Code;	132062
and in all other cases, the officer responsible for keeping the	132063
appropriation accounts and drawing warrants for the expenditure of	132064
the moneys of the district or taxing unit.	132065

(E) "Permanent improvement" or "improvement" means any	132066
property, asset, or improvement with an estimated life or	132067
usefulness of five years or more, including land and interests	132068
therein, and reconstructions, enlargements, and extensions thereof	132069
having an estimated life or usefulness of five years or more.	132070

(F) "Current operating expenses" and "current expenses" mean	132071
the lawful expenditures of a subdivision, except those for	132072
permanent improvements, and except payments for interest, sinking	132073
fund, and retirement of bonds, notes, and certificates of	132074
indebtedness of the subdivision.	132075

(G) "Debt charges" means interest, sinking fund, and	132076
retirement charges on bonds, notes, or certificates of	132077
indebtedness.	132078

(H) "Taxing unit" means any subdivision or other governmental	132079
district having authority to levy taxes on the property in the	132080
district or issue bonds that constitute a charge against the	132081
property of the district, including conservancy districts,	132082
metropolitan park districts, sanitary districts, road districts,	132083
and other districts.	132084

(I) "District authority" means any board of directors,	132085
trustees, commissioners, or other officers controlling a district	132086
institution or activity that derives its income or funds from two	132087
or more subdivisions, such as the educational service center, the	132088
trustees of district children's homes, the district board of	132089
health, a joint-county alcohol, drug addiction, and mental health	132090
service district's board of alcohol, drug addiction, and mental	132091
health services, detention facility districts, a joint recreation	132092
district board of trustees, districts organized under section	132093
2151.65 of the Revised Code, combined districts organized under	132094
sections 2152.41 and 2151.65 of the Revised Code, and other such	132095
boards.	132096

(J) "Tax list" and "tax duplicate" mean the general tax lists	132097
and duplicates prescribed by sections 319.28 and 319.29 of the	132098
Revised Code.	132099

(K) "Property" as applied to a tax levy means taxable	132100
property listed on general tax lists and duplicates.	132101

(L) "Association library district" means a territory, the	132102
boundaries of which are defined by the state library board	132103
pursuant to division (I) of section 3375.01 of the Revised Code,	132104
in which a library association or private corporation maintains a	132105
free public library.	132106

(M) "Library district" means a territory, the boundaries of	132107
which are defined by the state library board pursuant to section	132108
3375.01 of the Revised Code, in which the board of trustees of a	132109
county, municipal corporation, school district, or township public	132110
library maintains a free public library.	132111

(N) "Qualifying library levy" means either of the following:

132112

(1) A levy for the support of a library association or	132113
private corporation that has an association library district with	132114
boundaries that are not identical to those of a subdivision;	132115

(2) A levy proposed under section 5705.23 of the Revised Code	132116
for the support of the board of trustees of a public library that	132117
has a library district with boundaries that are not identical to	132118
those of a subdivision.	132119

(O) "School library district" means a school district in	132120
which a free public library has been established that is under the	132121
control and management of a board of library trustees as provided	132122
in section 3375.15 of the Revised Code.	132123

Sec. 5705.10. (A) All revenue derived from the general levy	132124
for current expense within the ten-mill limitation, from any	132125
general levy for current expense authorized by vote in excess of	132126
the ten-mill limitation, and from sources other than the general	132127
property tax, unless its use for a particular purpose is	132128
prescribed by law, shall be paid into the general fund.	132129

(B) All revenue derived from general or special levies for	132130
debt charges, whether within or in excess of the ten-mill	132131
limitation, which is levied for the debt charges on serial bonds,	132132
notes, or certificates of indebtedness having a life less than	132133
five years, shall be paid into the bond retirement fund; and all	132134
such revenue which is levied for the debt charges on all other	132135
bonds, notes, or certificates of indebtedness shall be paid into	132136
the sinking fund.	132137

(C) All revenue derived from a special levy shall be credited	132138
to a special fund for the purpose for which the levy was made.	132139

(D) Except as otherwise provided by resolution adopted	132140
pursuant to section 3315.01 of the Revised Code, all revenue	132141
derived from a source other than the general property tax and	132142
which the law prescribes shall be used for a particular purpose,	132143
shall be paid into a special fund for such purpose. Except as	132144
otherwise provided by resolution adopted pursuant to section	132145
3315.01 of the Revised Code or as otherwise provided by section	132146
3315.40 of the Revised Code, all revenue derived from a source	132147
other than the general property tax, for which the law does not	132148
prescribe use for a particular purpose, including interest earned	132149
on the principal of any special fund, regardless of the source or	132150
purpose of the principal, shall be paid into the general fund.	132151

(E) All proceeds from the sale of public obligations or	132152
fractionalized interests in public obligations as defined in	132153
section 133.01 of the Revised Code, except premium and accrued	132154
interest, shall be paid into a special fund for the purpose of	132155
such issue, and any interest and other income earned on money in	132156
such special fund may be used for the purposes for which the	132157
indebtedness was authorized or may be credited to the general fund	132158
or other fund or account as the taxing authority authorizes and	132159
used for the purposes of that fund or account. The premium and	132160
accrued interest received from such sale shall be paid into the	132161
sinking fund or the bond retirement fund of the subdivision.	132162

(F) Except as provided in ~~division~~divisions (G) and (H) of	132163
this section, if a permanent improvement of the subdivision is	132164
sold, the amount received from the sale shall be paid into the	132165
sinking fund, the bond retirement fund, or a special fund for the	132166
construction or acquisition of permanent improvements; provided	132167
that the proceeds from the sale of a public utility shall be paid	132168
into the sinking fund or bond retirement fund to the extent	132169
necessary to provide for the retirement of the outstanding	132170
indebtedness incurred in the construction or acquisition of such	132171
utility. Proceeds from the sale of property other than a permanent	132172
improvement shall be paid into the fund from which such property	132173
was acquired or is maintained or, if there is no such fund, into	132174
the general fund.	132175

(G) A township that has a population greater than fifteen	132176
thousand according to the most recent federal decennial census and	132177
that has declared one or more improvements in the township to be a	132178
public purpose under section 5709.73 of the Revised Code may pay	132179
proceeds from the sale of a permanent improvement of the township	132180
into its general fund if both of the following conditions are	132181
satisfied:	132182

(1) The township fiscal officer determines that all	132183
foreseeable public infrastructure improvements, as defined in	132184
section 5709.40 of the Revised Code, to be made in the township in	132185
the ten years immediately following the date the permanent	132186
improvement is sold will have been financed through resolutions	132187
adopted under section 5709.73 of the Revised Code on or before the	132188
date of the sale. The fiscal officer shall provide written	132189
certification of this determination for the township's records.	132190

(2) The permanent improvement being sold was financed	132191
entirely from moneys in the township's general fund.	132192

(H) If a board of education of a school district disposes of	132193
real property under section 3313.41 of the Revised Code, the	132194
proceeds received from the sale may be paid into the school	132195
district's general fund and used only to pay for the costs of	132196
nonoperating capital expenses related to technological upgrades	132197
and equipment to be used for instruction and assessment.	132198

(I) Money paid into any fund shall be used only for the	132199
purposes for which such fund is established.	132200

Sec. 5705.19. This section does not apply to school	132201
districts or, county school financing districts, or lake	132202
facilities authorities.	132203

The taxing authority of any subdivision at any time and in	132204
any year, by vote of two-thirds of all the members of the taxing	132205
authority, may declare by resolution and certify the resolution to	132206
the board of elections not less than ninety days before the	132207
election upon which it will be voted that the amount of taxes that	132208
may be raised within the ten-mill limitation will be insufficient	132209
to provide for the necessary requirements of the subdivision and	132210
that it is necessary to levy a tax in excess of that limitation	132211
for any of the following purposes:	132212

(A) For current expenses of the subdivision, except that the	132213
total levy for current expenses of a detention facility district	132214
or district organized under section 2151.65 of the Revised Code	132215
shall not exceed two mills and that the total levy for current	132216
expenses of a combined district organized under sections 2151.65	132217
and 2152.41 of the Revised Code shall not exceed four mills;	132218

(B) For the payment of debt charges on certain described	132219
bonds, notes, or certificates of indebtedness of the subdivision	132220
issued subsequent to January 1, 1925;	132221

(C) For the debt charges on all bonds, notes, and	132222
certificates of indebtedness issued and authorized to be issued	132223
prior to January 1, 1925;	132224

(D) For a public library of, or supported by, the subdivision	132225
under whatever law organized or authorized to be supported;	132226

(E) For a municipal university, not to exceed two mills over	132227
the limitation of one mill prescribed in section 3349.13 of the	132228
Revised Code;	132229

(F) For the construction or acquisition of any specific	132230
permanent improvement or class of improvements that the taxing	132231
authority of the subdivision may include in a single bond issue;	132232

(G) For the general construction, reconstruction,	132233
resurfacing, and repair of streets, roads, and bridges in	132234
municipal corporations, counties, or townships;	132235

(H) For parks and recreational purposes;

132236

(I) For the purpose of providing and maintaining fire	132237
apparatus, appliances, buildings, or sites therefor, or sources of	132238
water supply and materials therefor, or the establishment and	132239
maintenance of lines of fire alarm telegraph, or the payment of	132240
firefighting companies or permanent, part-time, or volunteer	132241
firefighting, emergency medical service, administrative, or	132242
communications personnel to operate the same, including the	132243
payment of any employer contributions required for such personnel	132244
under section 145.48 or 742.34 of the Revised Code, or the	132245
purchase of ambulance equipment, or the provision of ambulance,	132246
paramedic, or other emergency medical services operated by a fire	132247
department or firefighting company;	132248

(J) For the purpose of providing and maintaining motor	132249
vehicles, communications, other equipment, buildings, and sites	132250
for such buildings used directly in the operation of a police	132251
department, or the payment of salaries of permanent or part-time	132252
police, communications, or administrative personnel to operate the	132253
same, including the payment of any employer contributions required	132254
for such personnel under section 145.48 or 742.33 of the Revised	132255
Code, or the payment of the costs incurred by townships as a	132256
result of contracts made with other political subdivisions in	132257
order to obtain police protection, or the provision of ambulance	132258
or emergency medical services operated by a police department;	132259

(K) For the maintenance and operation of a county home or	132260
detention facility;	132261

(L) For community mental retardation and developmental	132262
disabilities programs and services pursuant to Chapter 5126. of	132263
the Revised Code, except that the procedure for such levies shall	132264
be as provided in section 5705.222 of the Revised Code;	132265

(M) For regional planning;

132266

(N) For a county's share of the cost of maintaining and	132267
operating schools, district detention facilities, forestry camps,	132268
or other facilities, or any combination thereof, established under	132269
section 2151.65 or 2152.41 of the Revised Code or both of those	132270
sections;	132271

(O) For providing for flood defense, providing and	132272
maintaining a flood wall or pumps, and other purposes to prevent	132273
floods;	132274

(P) For maintaining and operating sewage disposal plants and	132275
facilities;	132276

(Q) For the purpose of purchasing, acquiring, constructing,	132277
enlarging, improving, equipping, repairing, maintaining, or	132278
operating, or any combination of the foregoing, a county transit	132279
system pursuant to sections 306.01 to 306.13 of the Revised Code,	132280
or of making any payment to a board of county commissioners	132281
operating a transit system or a county transit board pursuant to	132282
section 306.06 of the Revised Code;	132283

(R) For the subdivision's share of the cost of acquiring or	132284
constructing any schools, forestry camps, detention facilities, or	132285
other facilities, or any combination thereof, under section	132286
2151.65 or 2152.41 of the Revised Code or both of those sections;	132287

(S) For the prevention, control, and abatement of air	132288
pollution;	132289

(T) For maintaining and operating cemeteries;

132290

(U) For providing ambulance service, emergency medical	132291
service, or both;	132292

(V) For providing for the collection and disposal of garbage	132293
or refuse, including yard waste;	132294

(W) For the payment of the police officer employers'	132295
contribution or the firefighter employers' contribution required	132296
under sections 742.33 and 742.34 of the Revised Code;	132297

(X) For the construction and maintenance of a drainage	132298
improvement pursuant to section 6131.52 of the Revised Code;	132299

(Y) For providing or maintaining senior citizens services or	132300
facilities as authorized by section 307.694, 307.85, 505.70, or	132301
505.706 or division (EE) of section 717.01 of the Revised Code;	132302

(Z) For the provision and maintenance of zoological park	132303
services and facilities as authorized under section 307.76 of the	132304
Revised Code;	132305

(AA) For the maintenance and operation of a free public	132306
museum of art, science, or history;	132307

(BB) For the establishment and operation of a 9-1-1 system,	132308
as defined in section ~~5507.01~~128.01 of the Revised Code;	132309

(CC) For the purpose of acquiring, rehabilitating, or	132310
developing rail property or rail service. As used in this	132311
division, "rail property" and "rail service" have the same	132312
meanings as in section 4981.01 of the Revised Code. This division	132313
applies only to a county, township, or municipal corporation.	132314

(DD) For the purpose of acquiring property for, constructing,	132315
operating, and maintaining community centers as provided for in	132316
section 755.16 of the Revised Code;	132317

(EE) For the creation and operation of an office or joint	132318
office of economic development, for any economic development	132319
purpose of the office, and to otherwise provide for the	132320
establishment and operation of a program of economic development	132321
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	132322
the extent that the expenses of a county land reutilization	132323
corporation organized under Chapter 1724. of the Revised Code are	132324
found by the board of county commissioners to constitute the	132325
promotion of economic development, for the payment of such	132326
operations and expenses;	132327

(FF) For the purpose of acquiring, establishing,	132328
constructing, improving, equipping, maintaining, or operating, or	132329
any combination of the foregoing, a township airport, landing	132330
field, or other air navigation facility pursuant to section 505.15	132331
of the Revised Code;	132332

(GG) For the payment of costs incurred by a township as a	132333
result of a contract made with a county pursuant to section	132334
505.263 of the Revised Code in order to pay all or any part of the	132335
cost of constructing, maintaining, repairing, or operating a water	132336
supply improvement;	132337

(HH) For a board of township trustees to acquire, other than	132338
by appropriation, an ownership interest in land, water, or	132339
wetlands, or to restore or maintain land, water, or wetlands in	132340
which the board has an ownership interest, not for purposes of	132341
recreation, but for the purposes of protecting and preserving the	132342
natural, scenic, open, or wooded condition of the land, water, or	132343
wetlands against modification or encroachment resulting from	132344
occupation, development, or other use, which may be styled as	132345
protecting or preserving "greenspace" in the resolution, notice of	132346
election, or ballot form. Except as otherwise provided in this	132347
division, land is not acquired for purposes of recreation, even if	132348
the land is used for recreational purposes, so long as no	132349
building, structure, or fixture used for recreational purposes is	132350
permanently attached or affixed to the land. Except as otherwise	132351
provided in this division, land that previously has been acquired	132352
in a township for these greenspace purposes may subsequently be	132353
used for recreational purposes if the board of township trustees	132354
adopts a resolution approving that use and no building, structure,	132355
or fixture used for recreational purposes is permanently attached	132356
or affixed to the land. The authorization to use greenspace land	132357
for recreational use does not apply to land located in a township	132358
that had a population, at the time it passed its first greenspace	132359
levy, of more than thirty-eight thousand within a county that had	132360
a population, at that time, of at least eight hundred sixty	132361
thousand.	132362

(II) For the support by a county of a crime victim assistance	132363
program that is provided and maintained by a county agency or a	132364
private, nonprofit corporation or association under section 307.62	132365
of the Revised Code;	132366

(JJ) For any or all of the purposes set forth in divisions	132367
(I) and (J) of this section. This division applies only to a	132368
township.	132369

(KK) For a countywide public safety communications system	132370
under section 307.63 of the Revised Code. This division applies	132371
only to counties.	132372

(LL) For the support by a county of criminal justice services	132373
under section 307.45 of the Revised Code;	132374

(MM) For the purpose of maintaining and operating a jail or	132375
other detention facility as defined in section 2921.01 of the	132376
Revised Code;	132377

(NN) For purchasing, maintaining, or improving, or any	132378
combination of the foregoing, real estate on which to hold, and	132379
the operating expenses of, agricultural fairs operated by a county	132380
agricultural society or independent agricultural society under	132381
Chapter 1711. of the Revised Code. This division applies only to a	132382
county.	132383

(OO) For constructing, rehabilitating, repairing, or	132384
maintaining sidewalks, walkways, trails, bicycle pathways, or	132385
similar improvements, or acquiring ownership interests in land	132386
necessary for the foregoing improvements;	132387

(PP) For both of the purposes set forth in divisions (G) and	132388
(OO) of this section.	132389

(QQ) For both of the purposes set forth in divisions (H) and	132390
(HH) of this section. This division applies only to a township.	132391

(RR) For the legislative authority of a municipal	132392
corporation, board of county commissioners of a county, or board	132393
of township trustees of a township to acquire agricultural	132394
easements, as defined in section 5301.67 of the Revised Code, and	132395
to supervise and enforce the easements.	132396

(SS) For both of the purposes set forth in divisions (BB) and	132397
(KK) of this section. This division applies only to a county.	132398

(TT) For the maintenance and operation of a facility that is	132399
organized in whole or in part to promote the sciences and natural	132400
history under section 307.761 of the Revised Code.	132401

(UU) For the creation and operation of a county land	132402
reutilization corporation and for any programs or activities of	132403
the corporation found by the board of directors of the corporation	132404
to be consistent with the purposes for which the corporation is	132405
organized;	132406

(VV) For construction and maintenance of improvements and	132407
expenses of soil and water conservation district programs under	132408
Chapter 1515. of the Revised Code;	132409

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	132410
created under section 3335.35 of the Revised Code for the purposes	132411
prescribed under section 3335.36 of the Revised Code for the	132412
benefit of the citizens of a county. This division applies only to	132413
a county.	132414

(XX) For a municipal corporation that withdraws or proposes	132415
by resolution to withdraw from a regional transit authority under	132416
section 306.55 of the Revised Code to provide transportation	132417
services for the movement of persons within, from, or to the	132418
municipal corporation;	132419

(YY) For any combination of the purposes specified in	132420
divisions (NN), (VV), and (WW) of this section. This division	132421
applies only to a county.	132422

The resolution shall be confined to the purpose or purposes	132423
described in one division of this section, to which the revenue	132424
derived therefrom shall be applied. The existence in any other	132425
division of this section of authority to levy a tax for any part	132426
or all of the same purpose or purposes does not preclude the use	132427
of such revenues for any part of the purpose or purposes of the	132428
division under which the resolution is adopted.	132429

The resolution shall specify the amount of the increase in	132430
rate that it is necessary to levy, the purpose of that increase in	132431
rate, and the number of years during which the increase in rate	132432
shall be in effect, which may or may not include a levy upon the	132433
duplicate of the current year. The number of years may be any	132434
number not exceeding five, except as follows:	132435

(1) When the additional rate is for the payment of debt	132436
charges, the increased rate shall be for the life of the	132437
indebtedness.	132438

(2) When the additional rate is for any of the following, the	132439
increased rate shall be for a continuing period of time:	132440

(a) For the current expenses for a detention facility	132441
district, a district organized under section 2151.65 of the	132442
Revised Code, or a combined district organized under sections	132443
2151.65 and 2152.41 of the Revised Code;	132444

(b) For providing a county's share of the cost of maintaining	132445
and operating schools, district detention facilities, forestry	132446
camps, or other facilities, or any combination thereof,	132447
established under section 2151.65 or 2152.41 of the Revised Code	132448
or under both of those sections.	132449

(3) When the additional rate is for either of the following,	132450
the increased rate may be for a continuing period of time:	132451

(a) For the purposes set forth in division (I), (J), (U), or	132452
(KK) of this section;	132453

(b) For the maintenance and operation of a joint recreation	132454
district.	132455

(4) When the increase is for the purpose or purposes set	132456
forth in division (D), (G), (H), (CC), or (PP) of this section,	132457
the tax levy may be for any specified number of years or for a	132458
continuing period of time, as set forth in the resolution.	132459

(5) When the additional rate is for the purpose described in	132460
division (Z) of this section, the increased rate shall be for any	132461
number of years not exceeding ten.	132462

A levy for one of the purposes set forth in division (G),	132463
(I), (J), or (U) of this section may be reduced pursuant to	132464
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	132465
the purposes set forth in division (G), (I), (J), or (U) of this	132466
section may also be terminated or permanently reduced by the	132467
taxing authority if it adopts a resolution stating that the	132468
continuance of the levy is unnecessary and the levy shall be	132469
terminated or that the millage is excessive and the levy shall be	132470
decreased by a designated amount.	132471

A resolution of a detention facility district, a district	132472
organized under section 2151.65 of the Revised Code, or a combined	132473
district organized under both sections 2151.65 and 2152.41 of the	132474
Revised Code may include both current expenses and other purposes,	132475
provided that the resolution shall apportion the annual rate of	132476
levy between the current expenses and the other purpose or	132477
purposes. The apportionment need not be the same for each year of	132478
the levy, but the respective portions of the rate actually levied	132479
each year for the current expenses and the other purpose or	132480
purposes shall be limited by the apportionment.	132481

Whenever a board of county commissioners, acting either as	132482
the taxing authority of its county or as the taxing authority of a	132483
sewer district or subdistrict created under Chapter 6117. of the	132484
Revised Code, by resolution declares it necessary to levy a tax in	132485
excess of the ten-mill limitation for the purpose of constructing,	132486
improving, or extending sewage disposal plants or sewage systems,	132487
the tax may be in effect for any number of years not exceeding	132488
twenty, and the proceeds of the tax, notwithstanding the general	132489
provisions of this section, may be used to pay debt charges on any	132490
obligations issued and outstanding on behalf of the subdivision	132491
for the purposes enumerated in this paragraph, provided that any	132492
such obligations have been specifically described in the	132493
resolution.	132494

A resolution adopted by the legislative authority of a	132495
municipal corporation that is for the purpose in division (XX) of	132496
this section may be combined with the purpose provided in section	132497
306.55 of the Revised Code, by vote of two-thirds of all members	132498
of the legislative authority. The legislative authority may	132499
certify the resolution to the board of elections as a combined	132500
question. The question appearing on the ballot shall be as	132501
provided in section 5705.252 of the Revised Code.	132502

The resolution shall go into immediate effect upon its	132503
passage, and no publication of the resolution is necessary other	132504
than that provided for in the notice of election.	132505

When the electors of a subdivision or, in the case of a	132506
qualifying library levy for the support of a library association	132507
or private corporation, the electors of the association library	132508
district, have approved a tax levy under this section, the taxing	132509
authority of the subdivision may anticipate a fraction of the	132510
proceeds of the levy and issue anticipation notes in accordance	132511
with section 5705.191 or 5705.193 of the Revised Code.	132512

Sec. 5705.192. (A) For the purposes of this section only,	132513
"taxing authority" includes a township board of park commissioners	132514
appointed under section 511.18 of the Revised Code.	132515

(B) A taxing authority may propose to replace an existing	132516
levy that the taxing authority is authorized to levy, regardless	132517
of the section of the Revised Code under which the authority is	132518
granted, except a school district emergency levy proposed pursuant	132519
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	132520
authority may propose to replace the existing levy in its entirety	132521
at the rate at which it is authorized to be levied; may propose to	132522
replace a portion of the existing levy at a lesser rate; or may	132523
propose to replace the existing levy in its entirety and increase	132524
the rate at which it is levied. If the taxing authority proposes	132525
to replace an existing levy, the proposed levy shall be called a	132526
replacement levy and shall be so designated on the ballot. Except	132527
as otherwise provided in this division, a replacement levy shall	132528
be limited to the purpose of the existing levy, and shall appear	132529
separately on the ballot from, and shall not be conjoined with,	132530
the renewal of any other existing levy. In the case of an existing	132531
school district levy imposed under section 5705.21 of the Revised	132532
Code for the purpose specified in division (F) of section 5705.19	132533
of the Revised Code, or in the case of an existing school district	132534
levy imposed under section 5705.217 of the Revised Code for the	132535
acquisition, construction, enlargement, renovation, and financing	132536
of permanent improvements, the replacement for that existing levy	132537
may be for the same purpose or for the purpose of general	132538
permanent improvements as defined in section 5705.21 of the	132539
Revised Code.	132540

The resolution proposing a replacement levy shall specify the	132541
purpose of the levy; its proposed rate expressed in mills; whether	132542
the proposed rate is the same as the rate of the existing levy, a	132543
reduction, or an increase; the extent of any reduction or increase	132544
expressed in mills; the first calendar year in which the levy will	132545
be due; and the term of the levy, expressed in years or, if	132546
applicable, that it will be levied for a continuing period of	132547
time.	132548

The sections of the Revised Code governing the maximum rate	132549
and term of the existing levy, the contents of the resolution that	132550
proposed the levy, the adoption of the resolution, the	132551
arrangements for the submission of the question of the levy, and	132552
notice of the election also govern the respective provisions of	132553
the proposal to replace the existing levy, except as provided in	132554
divisions (B)(1) to (3) of this section:	132555

(1) In the case of an existing school district levy that is	132556
imposed under section 5705.21 of the Revised Code for the purpose	132557
specified in division (F) of section 5705.19 of the Revised Code	132558
or under section 5705.217 of the Revised Code for the acquisition,	132559
construction, enlargement, renovation, and financing of permanent	132560
improvements, and that is to be replaced by a levy for general	132561
permanent improvements, the maximum term of the replacement levy	132562
is not limited to the term of the existing levy and may be for a	132563
continuing period of time.	132564

(2) The date on which the election is held shall be as	132565
follows:	132566

(a) For the replacement of a levy with a fixed term of years,	132567
the date of the general election held during the last year the	132568
existing levy may be extended on the real and public utility	132569
property tax list and duplicate, or the date of any election held	132570
in the ensuing year;	132571

(b) For the replacement of a levy imposed for a continuing	132572
period of time, the date of any election held in any year after	132573
the year the levy to be replaced is first approved by the	132574
electors, except that only one election on the question of	132575
replacing the levy may be held during any calendar year.	132576

The failure by the electors to approve a proposal to replace	132577
a levy imposed for a continuing period of time does not terminate	132578
the existing continuing levy.	132579

(3) In the case of an existing school district levy imposed	132580
under division (B) of section 5705.21, division (C) of section	132581
5705.212, or division (J) of section 5705.218 of the Revised Code,	132582
the rates allocated to the municipal school district and to	132583
partnering community schools each may be increased or decreased or	132584
remain the same, and the total rate may be increased, decreased,	132585
or remain the same.	132586

(C) The form of the ballot at the election on the question of	132587
a replacement levy shall be as follows:	132588

"A replacement of a tax for the benefit of .......... (name	132589
of subdivision or public library) for the purpose of ..........	132590
(the purpose stated in the resolution) at a rate not exceeding	132591
.......... mills for each one dollar of valuation, which amounts	132592
to .......... (rate expressed in dollars and cents) for each one	132593
hundred dollars in valuation, for .......... (number of years levy	132594
is to run, or that it will be levied for a continuous period of	132595
time)	132596

132597

		FOR THE TAX LEVY			132598
		AGAINST THE TAX LEVY	"		132599

132600

If the replacement levy is proposed by a municipal school	132601
district to replace an existing tax levied under division (B) of	132602
section 5705.21, division (C)(1) of section 5705.212, or division	132603
(J) of section 5705.218 of the Revised Code, the form of the	132604
ballot shall be modified by adding, after the phrase "each one	132605
dollar of valuation," the following: "(of which ...... mills is to	132606
be allocated to partnering community schools)."	132607

If the proposal is to replace an existing levy and increase	132608
the rate of the existing levy, the form of the ballot shall be	132609
changed by adding the words ".......... mills of an existing levy	132610
and an increase of .......... mills, to constitute" after the	132611
words "a replacement of." If the proposal is to replace only a	132612
portion of an existing levy, the form of the ballot shall be	132613
changed by adding the words "a portion of an existing levy, being	132614
a reduction of .......... mills, to constitute" after the words "a	132615
replacement of." If the existing levy is imposed under division	132616
(B) of section 5705.21, division (C)(1) of section 5705.212, or	132617
division (J) of section 5705.218 of the Revised Code, the form of	132618
the ballot also shall state the portion of the total increased	132619
rate or of the total rate as reduced that is to be allocated to	132620
partnering community schools.	132621

If the tax is to be placed on the tax list of the current tax	132622
year, the form of the ballot shall be modified by adding at the	132623
end of the form the phrase ", commencing in .......... (first year	132624
the replacement tax is to be levied), first due in calendar year	132625
.......... (first calendar year in which the tax shall be due)."	132626

The question covered by the resolution shall be submitted as	132627
a separate proposition, but may be printed on the same ballot with	132628
any other proposition submitted at the same election, other than	132629
the election of officers. More than one such question may be	132630
submitted at the same election.	132631

(D) Two existing levies, or any portion of those levies, may	132632
be combined into one replacement levy, so long as both of the	132633
existing levies are for the same purpose and either both are due	132634
to expire the same year or both are for a continuing period of	132635
time. The question of combining all or portions of the two	132636
existing levies into the replacement levy shall appear as one	132637
ballot proposition before the electors. If the electors approve	132638
the ballot proposition, all or the stated portions of the two	132639
existing levies are replaced by one replacement levy.	132640

(E) A levy approved in excess of the ten-mill limitation	132641
under this section shall be certified to the tax commissioner. In	132642
the first year of a levy approved under this section, the levy	132643
shall be extended on the tax lists after the February settlement	132644
succeeding the election at which the levy was approved. If the	132645
levy is to be placed on the tax lists of the current year, as	132646
specified in the resolution providing for its submission, the	132647
result of the election shall be certified immediately after the	132648
canvass by the board of elections to the taxing authority, which	132649
shall forthwith make the necessary levy and certify it to the	132650
county auditor, who shall extend it on the tax lists for	132651
collection. After the first year, the levy shall be included in	132652
the annual tax budget that is certified to the county budget	132653
commission.	132654

If notes are authorized to be issued in anticipation of the	132655
proceeds of the existing levy, notes may be issued in anticipation	132656
of the proceeds of the replacement levy, and such issuance is	132657
subject to the terms and limitations governing the issuance of	132658
notes in anticipation of the proceeds of the existing levy.	132659

(F) This section does not authorize a tax to be levied in any	132660
year after the year in which revenue is not needed for the purpose	132661
for which the tax is levied.	132662

Sec. 5705.21. (A) At any time, the board of education of any	132663
city, local, exempted village, cooperative education, or joint	132664
vocational school district, by a vote of two-thirds of all its	132665
members, may declare by resolution that the amount of taxes which	132666
may be raised within the ten-mill limitation by levies on the	132667
current tax duplicate will be insufficient to provide an adequate	132668
amount for the necessary requirements of the school district, that	132669
it is necessary to levy a tax in excess of such limitation for one	132670
of the purposes specified in division (A), (D), (F), (H), or (DD)	132671
of section 5705.19 of the Revised Code, for general permanent	132672
improvements, for the purpose of operating a cultural center, for	132673
the purpose of providing for school safety and security, or for	132674
the purpose of providing education technology, and that the	132675
question of such additional tax levy shall be submitted to the	132676
electors of the school district at a special election on a day to	132677
be specified in the resolution. In the case of a qualifying	132678
library levy for the support of a library association or private	132679
corporation, the question shall be submitted to the electors of	132680
the association library district. If the resolution states that	132681
the levy is for the purpose of operating a cultural center, the	132682
ballot shall state that the levy is "for the purpose of operating	132683
the .......... (name of cultural center)."	132684

As used in this division, "cultural center" means a	132685
freestanding building, separate from a public school building,	132686
that is open to the public for educational, musical, artistic, and	132687
cultural purposes; "education technology" means, but is not	132688
limited to, computer hardware, equipment, materials, and	132689
accessories, equipment used for two-way audio or video, and	132690
software; and "general permanent improvements" means permanent	132691
improvements without regard to the limitation of division (F) of	132692
section 5705.19 of the Revised Code that the improvements be a	132693
specific improvement or a class of improvements that may be	132694
included in a single bond issue.	132695

A resolution adopted under this division shall be confined to	132696
a single purpose and shall specify the amount of the increase in	132697
rate that it is necessary to levy, the purpose of the levy, and	132698
the number of years during which the increase in rate shall be in	132699
effect. The number of years may be any number not exceeding five	132700
or, if the levy is for current expenses of the district or for	132701
general permanent improvements, for a continuing period of time.	132702

(B)(1) The board of education of a municipal school district,	132703
by resolution, may declare that it is necessary to levy a tax in	132704
excess of the ten-mill limitation for the purpose of paying the	132705
current expenses of the district and of partnering community	132706
schools and that the question of the additional tax levy shall be	132707
submitted to the electors of the school district at a special	132708
election on a day to be specified in the resolution. The	132709
resolution shall state the purpose of the levy, the rate of the	132710
tax expressed in mills per dollar of taxable value, the number of	132711
such mills to be levied for the current expenses of the partnering	132712
community schools and the number of such mills to be levied for	132713
the current expenses of the school district, the number of years	132714
the tax will be levied, and the first year the tax will be levied.	132715
The number of years the tax may be levied may be any number not	132716
exceeding ten years, or for a continuing period of time.	132717

The levy of a tax for the current expenses of a partnering	132718
community school under this section and the distribution of	132719
proceeds from the tax by a municipal school district to partnering	132720
community schools is hereby determined to be a proper public	132721
purpose.	132722

(2) The form of the ballot at an election held pursuant to	132723
division (B) of this section shall be as follows:	132724

"Shall a levy be imposed by the ......... (insert the name of	132725
the municipal school district) for the purpose of current expenses	132726
of the school district and of partnering community schools at a	132727
rate not exceeding ...... (insert the number of mills) mills for	132728
each one dollar of valuation (of which ...... (insert the number	132729
of mills to be allocated to partnering community schools) mills is	132730
to be allocated to partnering community schools), which amounts to	132731
....... (insert the rate expressed in dollars and cents) for each	132732
one hundred dollars of valuation, for ...... (insert the number of	132733
years the levy is to be imposed, or that it will be levied for a	132734
continuing period of time), beginning ...... (insert first year	132735
the tax is to be levied), which will first be payable in calendar	132736
year ...... (insert the first calendar year in which the tax would	132737
be payable)?	132738

		FOR THE TAX LEVY			132739
		AGAINST THE TAX LEVY	"		132740

(3) Upon each receipt of a tax distribution by the municipal	132741
school district, the board of education shall credit the portion	132742
allocated to partnering community schools to the partnering	132743
community schools fund. All income from the investment of money in	132744
the partnering community schools fund shall be credited to that	132745
fund.	132746

Not more than forty-five days after the municipal school	132747
district receives and deposits each tax distribution, the board of	132748
education shall distribute the partnering community schools amount	132749
among the then qualifying community schools. From each tax	132750
distribution, each such partnering community school shall receive	132751
a portion of the partnering community schools amount in the	132752
proportion that the number of its resident students bears to the	132753
aggregate number of resident students of all such partnering	132754
community schools as of the date of receipt and deposit of the tax	132755
distribution. For the purposes of this division, the number of	132756
resident students shall be the number of such students reported	132757
under section 3317.03 of the Revised Code and established by the	132758
department of education as of the date of receipt and deposit of	132759
the tax distribution.	132760

(4) To the extent an agreement whereby the municipal school	132761
district and a community school endorse each other's programs is	132762
necessary for the community school to qualify as a partnering	132763
community school under division (B)(6)(b) of this section, the	132764
board of education of the school district shall certify to the	132765
department of education the agreement along with the determination	132766
that such agreement satisfies the requirements of that division.	132767
The board's determination is conclusive.	132768

(5) For the purposes of Chapter 3317. of the Revised Code or	132769
other laws referring to the "taxes charged and payable" for a	132770
school district, the taxes charged and payable for a municipal	132771
school district that levies a tax under division (B) of this	132772
section includes only the taxes charged and payable under that	132773
levy for the current expenses of the school district, and does not	132774
include the taxes charged and payable for the current expenses of	132775
partnering community schools. The taxes charged and payable for	132776
the current expenses of partnering community schools shall not	132777
affect the calculation of "state education aid" as defined in	132778
section 5751.20 of the Revised Code.	132779

(6) As used in division (B) of this section:

132780

(a) "Municipal school district" has the same meaning as in	132781
section 3311.71 of the Revised Code.	132782

(b) "Partnering community school" means a community school	132783
established under Chapter 3314. of the Revised Code that is	132784
located within the territory of the municipal school district and	132785
that either is sponsored by the district or is a party to an	132786
agreement with the district whereby the district and the community	132787
school endorse each other's programs.	132788

(c) "Partnering community schools amount" means the product	132789
obtained, as of the receipt and deposit of the tax distribution,	132790
by multiplying the amount of a tax distribution by a fraction, the	132791
numerator of which is the number of mills per dollar of taxable	132792
value of the property tax to be allocated to partnering community	132793
schools, and the denominator of which is the total number of mills	132794
per dollar of taxable value authorized by the electors in the	132795
election held under division (B) of this section, each as set	132796
forth in the resolution levying the tax.	132797

(d) "Partnering community schools fund" means a separate fund	132798
established by the board of education of a municipal school	132799
district for the deposit of partnering community school amounts	132800
under this section.	132801

(e) "Resident student" means a student enrolled in a	132802
partnering community school who is entitled to attend school in	132803
the municipal school district under section 3313.64 or 3313.65 of	132804
the Revised Code.	132805

(f) "Tax distribution" means a distribution of proceeds of	132806
the tax authorized by division (B) of this section under section	132807
321.24 of the Revised Code and distributions that are attributable	132808
to that tax under sections 323.156 and 4503.068 of the Revised	132809
Code or other applicable law.	132810

(C) A resolution adopted under this section shall specify the	132811
date of holding the election, which shall not be earlier than	132812
ninety days after the adoption and certification of the resolution	132813
and which shall be consistent with the requirements of section	132814
3501.01 of the Revised Code.	132815

A resolution adopted under this section may propose to renew	132816
one or more existing levies imposed under division (A) or (B) of	132817
this section or to increase or decrease a single levy imposed	132818
under either such division.	132819

If the board of education imposes one or more existing levies	132820
for the purpose specified in division (F) of section 5705.19 of	132821
the Revised Code, the resolution may propose to renew one or more	132822
of those existing levies, or to increase or decrease a single such	132823
existing levy, for the purpose of general permanent improvements.	132824

If the resolution proposes to renew two or more existing	132825
levies, the levies shall be levied for the same purpose. The	132826
resolution shall identify those levies and the rates at which they	132827
are levied. The resolution also shall specify that the existing	132828
levies shall not be extended on the tax lists after the year	132829
preceding the year in which the renewal levy is first imposed,	132830
regardless of the years for which those levies originally were	132831
authorized to be levied.	132832

If the resolution proposes to renew an existing levy imposed	132833
under division (B) of this section, the rates allocated to the	132834
municipal school district and to partnering community schools each	132835
may be increased or decreased or remain the same, and the total	132836
rate may be increased, decreased, or remain the same. The	132837
resolution and notice of election shall specify the number of the	132838
mills to be levied for the current expenses of the partnering	132839
community schools and the number of the mills to be levied for the	132840
current expenses of the municipal school district.	132841

A resolution adopted under this section shall go into	132842
immediate effect upon its passage, and no publication of the	132843
resolution shall be necessary other than that provided for in the	132844
notice of election. A copy of the resolution shall immediately	132845
after its passing be certified to the board of elections of the	132846
proper county in the manner provided by section 5705.25 of the	132847
Revised Code. That section shall govern the arrangements for the	132848
submission of such question and other matters concerning the	132849
election to which that section refers, including publication of	132850
notice of the election, except that the election shall be held on	132851
the date specified in the resolution. In the case of a resolution	132852
adopted under division (B) of this section, the publication of	132853
notice of that election shall state the number of the mills to be	132854
levied for the current expenses of partnering community schools	132855
and the number of the mills to be levied for the current expenses	132856
of the municipal school district. If a majority of the electors	132857
voting on the question so submitted in an election vote in favor	132858
of the levy, the board of education may make the necessary levy	132859
within the school district or, in the case of a qualifying library	132860
levy for the support of a library association or private	132861
corporation, within the association library district, at the	132862
additional rate, or at any lesser rate in excess of the ten-mill	132863
limitation on the tax list, for the purpose stated in the	132864
resolution. A levy for a continuing period of time may be reduced	132865
pursuant to section 5705.261 of the Revised Code. The tax levy	132866
shall be included in the next tax budget that is certified to the	132867
county budget commission.	132868

(D)(1) After the approval of a levy on the current tax list	132869
and duplicate for current expenses, for recreational purposes, for	132870
community centers provided for in section 755.16 of the Revised	132871
Code, or for a public library of the district under division (A)	132872
of this section, and prior to the time when the first tax	132873
collection from the levy can be made, the board of education may	132874
anticipate a fraction of the proceeds of the levy and issue	132875
anticipation notes in a principal amount not exceeding fifty per	132876
cent of the total estimated proceeds of the levy to be collected	132877
during the first year of the levy.	132878

(2) After the approval of a levy for general permanent	132879
improvements for a specified number of years or for permanent	132880
improvements having the purpose specified in division (F) of	132881
section 5705.19 of the Revised Code, the board of education may	132882
anticipate a fraction of the proceeds of the levy and issue	132883
anticipation notes in a principal amount not exceeding fifty per	132884
cent of the total estimated proceeds of the levy remaining to be	132885
collected in each year over a period of five years after the	132886
issuance of the notes.	132887

The notes shall be issued as provided in section 133.24 of	132888
the Revised Code, shall have principal payments during each year	132889
after the year of their issuance over a period not to exceed five	132890
years, and may have a principal payment in the year of their	132891
issuance.	132892

(3) After approval of a levy for general permanent	132893
improvements for a continuing period of time, the board of	132894
education may anticipate a fraction of the proceeds of the levy	132895
and issue anticipation notes in a principal amount not exceeding	132896
fifty per cent of the total estimated proceeds of the levy to be	132897
collected in each year over a specified period of years, not	132898
exceeding ten, after the issuance of the notes.	132899

The notes shall be issued as provided in section 133.24 of	132900
the Revised Code, shall have principal payments during each year	132901
after the year of their issuance over a period not to exceed ten	132902
years, and may have a principal payment in the year of their	132903
issuance.	132904

(4) After the approval of a levy on the current tax list and	132905
duplicate under division (B) of this section, and prior to the	132906
time when the first tax collection from the levy can be made, the	132907
board of education may anticipate a fraction of the proceeds of	132908
the levy for the current expenses of the school district and issue	132909
anticipation notes in a principal amount not exceeding fifty per	132910
cent of the estimated proceeds of the levy to be collected during	132911
the first year of the levy and allocated to the school district.	132912
The portion of the levy proceeds to be allocated to partnering	132913
community schools under that division shall not be included in the	132914
estimated proceeds anticipated under this division and shall not	132915
be used to pay debt charges on any anticipation notes.	132916

The notes shall be issued as provided in section 133.24 of	132917
the Revised Code, shall have principal payments during each year	132918
after the year of their issuance over a period not to exceed five	132919
years, and may have a principal payment in the year of their	132920
issuance.	132921

(E) The submission of questions to the electors under this	132922
section is subject to the limitation on the number of election	132923
dates established by section 5705.214 of the Revised Code.	132924

Sec. 5705.217. (A) The board of education of a city, local,	132925
or exempted village school district, at any time by a vote of	132926
two-thirds of all its members, may declare by resolution that the	132927
amount of taxes that can be raised within the ten-mill limitation	132928
will be insufficient to provide an adequate amount for the present	132929
and future requirements of the school district; that it is	132930
necessary to levy an additional tax in excess of that limitation	132931
for the purposes of providing funds for current operating expenses	132932
and for ~~the acquisition, construction, enlargement, renovation,~~	132933
~~and financing of~~general permanent improvements as defined in	132934
section 5705.21 of the Revised Code; and that the question of the	132935
tax shall be submitted to the electors of the district at a	132936
special election. The tax may be levied for a specified number of	132937
years not exceeding five or~~, if the tax is for current operating~~	132938
~~expenses or for general, on-going permanent improvements,~~ for a	132939
continuing period of time. The resolution shall specify the	132940
proposed tax rate, the first year the tax will be levied, and the	132941
number of years it will be levied, or that it will be levied for a	132942
continuing period of time. The resolution shall apportion the	132943
annual rate of the tax between current operating expenses and	132944
permanent improvements. The apportionment may but need not be the	132945
same for each year of the tax, but the respective portions of the	132946
rate actually levied each year for current operating expenses and	132947
permanent improvements shall be limited by the apportionment.	132948

The resolution shall specify the date of holding the special	132949
election, which shall not be earlier than ninety days after	132950
certification of the resolution to the board of elections and	132951
shall be consistent with the requirements of section 3501.01 of	132952
the Revised Code. The resolution shall go into immediate effect	132953
upon its passage, and no publication of it is necessary other than	132954
that provided in the notice of election. The board of education	132955
shall certify a copy of the resolution to the board of elections	132956
immediately after its adoption. Section 5705.25 of the Revised	132957
Code governs the arrangements and form of the ballot for the	132958
submission of the question to the electors.	132959

If a majority of the electors voting on the question vote in	132960
favor of the tax, the board of education may make the levy at the	132961
additional rate, or at any lesser rate in excess of the ten-mill	132962
limitation. If the tax is for a continuing period of time, it may	132963
be decreased in accordance with section 5705.261 of the Revised	132964
Code.	132965

A board of education may adopt a resolution to renew one or	132966
more existing levies imposed under this section, or to increase or	132967
decrease the rate of a tax levied under this section, for the	132968
purpose of providing funds for either current expenses and general	132969
permanent improvements or solely for general permanent	132970
improvements.	132971

(B)(1) After the approval of a tax for current operating	132972
expenses under this section and prior to the time the first	132973
collection and distribution from the levy can be made, the board	132974
of education may anticipate a fraction of the proceeds of such	132975
levy and issue anticipation notes in a principal amount not	132976
exceeding fifty per cent of the total estimated proceeds of the	132977
tax to be collected during the first year of the levy.	132978

(2) After the approval of a tax ~~under this section~~ for	132979
general permanent improvements ~~having a specific purpose~~levied	132980
under this section for a specified number of years, the board of	132981
education may anticipate a fraction of the proceeds of such tax	132982
and issue anticipation notes in a principal amount not exceeding	132983
fifty per cent of the total estimated proceeds of the tax	132984
remaining to be collected in each year over a specified period of	132985
~~five~~ years, not exceeding the number of years for which the tax	132986
was levied, after issuance of the notes.	132987

(3) After the approval of a tax for general~~, on-going~~	132988
permanent improvements levied under this section for a continuing	132989
period of time, the board of education may anticipate a fraction	132990
of the proceeds of such tax and issue anticipation notes in a	132991
principal amount not exceeding fifty per cent of the total	132992
estimated proceeds of the tax to be collected in each year over a	132993
specified period of years, not exceeding ten, after issuance of	132994
the notes.	132995

Anticipation notes under this section shall be issued as	132996
provided in section 133.24 of the Revised Code. Notes issued under	132997
division (B)(1) or (2) of this section shall have principal	132998
payments during each year after the year of their issuance over a	132999
period not to exceed five years, and may have a principal payment	133000
in the year of their issuance. Notes issued under division (B)(3)	133001
of this section shall have principal payments during each year	133002
after the year of their issuance over a period not to exceed ten	133003
years, and may have a principal payment in the year of their	133004
issuance.	133005

(C) The submission of a question to the electors under this	133006
section is subject to the limitation on the number of elections	133007
that can be held in a year under section 5705.214 of the Revised	133008
Code.	133009

Sec. 5705.218. (A) The board of education of a city, local,	133010
or exempted village school district, at any time by a vote of	133011
two-thirds of all its members, may declare by resolution that it	133012
may be necessary for the school district to issue general	133013
obligation bonds for permanent improvements. The resolution shall	133014
state all of the following:	133015

(1) The necessity and purpose of the bond issue;

133016

(2) The date of the special election at which the question	133017
shall be submitted to the electors;	133018

(3) The amount, approximate date, estimated rate of interest,	133019
and maximum number of years over which the principal of the bonds	133020
may be paid;	133021

(4) The necessity of levying a tax outside the ten-mill	133022
limitation to pay debt charges on the bonds and any anticipatory	133023
securities.	133024

On adoption of the resolution, the board shall certify a copy	133025
of it to the county auditor. The county auditor promptly shall	133026
estimate and certify to the board the average annual property tax	133027
rate required throughout the stated maturity of the bonds to pay	133028
debt charges on the bonds, in the same manner as under division	133029
(C) of section 133.18 of the Revised Code.	133030

(B) After receiving the county auditor's certification under	133031
division (A) of this section, the board of education of the city,	133032
local, or exempted village school district, by a vote of	133033
two-thirds of all its members, may declare by resolution that the	133034
amount of taxes that can be raised within the ten-mill limitation	133035
will be insufficient to provide an adequate amount for the present	133036
and future requirements of the school district; that it is	133037
necessary to issue general obligation bonds of the school district	133038
for permanent improvements and to levy an additional tax in excess	133039
of the ten-mill limitation to pay debt charges on the bonds and	133040
any anticipatory securities; that it is necessary for a specified	133041
number of years or for a continuing period of time to levy	133042
additional taxes in excess of the ten-mill limitation to provide	133043
funds for the acquisition, construction, enlargement, renovation,	133044
and financing of permanent improvements or to pay for current	133045
operating expenses, or both; and that the question of the bonds	133046
and taxes shall be submitted to the electors of the school	133047
district at a special election, which shall not be earlier than	133048
ninety days after certification of the resolution to the board of	133049
elections, and the date of which shall be consistent with section	133050
3501.01 of the Revised Code. The resolution shall specify all of	133051
the following:	133052

(1) The county auditor's estimate of the average annual	133053
property tax rate required throughout the stated maturity of the	133054
bonds to pay debt charges on the bonds;	133055

(2) The proposed rate of the tax, if any, for current	133056
operating expenses, the first year the tax will be levied, and the	133057
number of years it will be levied, or that it will be levied for a	133058
continuing period of time;	133059

(3) The proposed rate of the tax, if any, for permanent	133060
improvements, the first year the tax will be levied, and the	133061
number of years it will be levied, or that it will be levied for a	133062
continuing period of time.	133063

The resolution shall apportion the annual rate of the tax	133064
between current operating expenses and permanent improvements, if	133065
both taxes are proposed. The apportionment may but need not be the	133066
same for each year of the tax, but the respective portions of the	133067
rate actually levied each year for current operating expenses and	133068
permanent improvements shall be limited by the apportionment. The	133069
resolution shall go into immediate effect upon its passage, and no	133070
publication of it is necessary other than that provided in the	133071
notice of election. The board of education shall certify a copy of	133072
the resolution, along with copies of the auditor's estimate and	133073
its resolution under division (A) of this section, to the board of	133074
elections immediately after its adoption.	133075

(C) The board of elections shall make the arrangements for	133076
the submission to the electors of the school district of the	133077
question proposed under division (B) or (J) of this section, and	133078
the election shall be conducted, canvassed, and certified in the	133079
same manner as regular elections in the district for the election	133080
of county officers. The resolution shall be put before the	133081
electors as one ballot question, with a favorable vote indicating	133082
approval of the bond issue, the levy to pay debt charges on the	133083
bonds and any anticipatory securities, the current operating	133084
expenses levy, the permanent improvements levy, and the levy for	133085
the current expenses of a municipal school district and of	133086
partnering community schools, as those levies may be proposed. The	133087
board of elections shall publish notice of the election in a	133088
newspaper of general circulation in the school district once a	133089
week for two consecutive weeks, or as provided in section 7.16 of	133090
the Revised Code, prior to the election. If a board of elections	133091
operates and maintains a web site, that board also shall post	133092
notice of the election on its web site for thirty days prior to	133093
the election. The notice of election shall state all of the	133094
following:	133095

(1) The principal amount of the proposed bond issue;

133096

(2) The permanent improvements for which the bonds are to be	133097
issued;	133098

(3) The maximum number of years over which the principal of	133099
the bonds may be paid;	133100

(4) The estimated additional average annual property tax rate	133101
to pay the debt charges on the bonds, as certified by the county	133102
auditor;	133103

(5) The proposed rate of the additional tax, if any, for	133104
current operating expenses and, if the question is proposed under	133105
division (J) of this section, the portion of the rate to be	133106
allocated to the school district and the portion to be allocated	133107
to partnering community schools;	133108

(6) The number of years the current operating expenses tax	133109
will be in effect, or that it will be in effect for a continuing	133110
period of time;	133111

(7) The proposed rate of the additional tax, if any, for	133112
permanent improvements;	133113

(8) The number of years the permanent improvements tax will	133114
be in effect, or that it will be in effect for a continuing period	133115
of time;	133116

(9) The time and place of the special election.

133117

(D) The form of the ballot for an election under this section	133118
is as follows:	133119

"Shall the .......... school district be authorized to do the	133120
following:	133121

(1) Issue bonds for the purpose of .......... in the	133122
principal amount of $......, to be repaid annually over a maximum	133123
period of ...... years, and levy a property tax outside the	133124
ten-mill limitation, estimated by the county auditor to average	133125
over the bond repayment period ...... mills for each one dollar of	133126
tax valuation, which amounts to ...... (rate expressed in cents or	133127
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	133128
tax valuation, to pay the annual debt charges on the bonds, and to	133129
pay debt charges on any notes issued in anticipation of those	133130
bonds?"	133131

If either a levy for permanent improvements or a levy for	133132
current operating expenses is proposed, or both are proposed, the	133133
ballot also shall contain the following language, as appropriate:	133134

"(2) Levy an additional property tax to provide funds for the	133135
acquisition, construction, enlargement, renovation, and financing	133136
of permanent improvements at a rate not exceeding ....... mills	133137
for each one dollar of tax valuation, which amounts to .......	133138
(rate expressed in cents or dollars and cents) for each $100 of	133139
tax valuation, for ...... (number of years of the levy, or a	133140
continuing period of time)?	133141

(3) Levy an additional property tax to pay current operating	133142
expenses at a rate not exceeding ....... mills for each one dollar	133143
of tax valuation, which amounts to ....... (rate expressed in	133144
cents or dollars and cents) for each $100 of tax valuation, for	133145
....... (number of years of the levy, or a continuing period of	133146
time)?	133147

133148

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			133149
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		133150

133151

If the question is proposed under division (J) of this	133152
section, the form of the ballot shall be modified as prescribed by	133153
division (J)(4) of this section.	133154

(E) The board of elections promptly shall certify the results	133155
of the election to the tax commissioner and the county auditor of	133156
the county in which the school district is located. If a majority	133157
of the electors voting on the question vote for it, the board of	133158
education may proceed with issuance of the bonds and with the levy	133159
and collection of the property tax or taxes at the additional rate	133160
or any lesser rate in excess of the ten-mill limitation. Any	133161
securities issued by the board of education under this section are	133162
Chapter 133. securities, as that term is defined in section 133.01	133163
of the Revised Code.	133164

(F)(1) After the approval of a tax for current operating	133165
expenses under this section and prior to the time the first	133166
collection and distribution from the levy can be made, the board	133167
of education may anticipate a fraction of the proceeds of such	133168
levy and issue anticipation notes in a principal amount not	133169
exceeding fifty per cent of the total estimated proceeds of the	133170
tax to be collected during the first year of the levy.	133171

(2) After the approval of a tax under this section for	133172
permanent improvements having a specific purpose, the board of	133173
education may anticipate a fraction of the proceeds of such tax	133174
and issue anticipation notes in a principal amount not exceeding	133175
fifty per cent of the total estimated proceeds of the tax	133176
remaining to be collected in each year over a period of five years	133177
after issuance of the notes.	133178

(3) After the approval of a tax under this section for	133179
general~~, on-going~~ permanent improvements as defined under ~~this~~	133180
section 5705.21 of the Revised Code, the board of education may	133181
anticipate a fraction of the proceeds of such tax and issue	133182
anticipation notes in a principal amount not exceeding fifty per	133183
cent of the total estimated proceeds of the tax to be collected in	133184
each year over a specified period of years, not exceeding ten,	133185
after issuance of the notes.	133186

Anticipation notes under this section shall be issued as	133187
provided in section 133.24 of the Revised Code. Notes issued under	133188
division (F)(1) or (2) of this section shall have principal	133189
payments during each year after the year of their issuance over a	133190
period not to exceed five years, and may have a principal payment	133191
in the year of their issuance. Notes issued under division (F)(3)	133192
of this section shall have principal payments during each year	133193
after the year of their issuance over a period not to exceed ten	133194
years, and may have a principal payment in the year of their	133195
issuance.	133196

(G) A tax for current operating expenses or for permanent	133197
improvements levied under this section for a specified number of	133198
years may be renewed or replaced in the same manner as a tax for	133199
current operating expenses or for permanent improvements levied	133200
under section 5705.21 of the Revised Code. A tax for current	133201
operating expenses or for permanent improvements levied under this	133202
section for a continuing period of time may be decreased in	133203
accordance with section 5705.261 of the Revised Code.	133204

(H) The submission of a question to the electors under this	133205
section is subject to the limitation on the number of elections	133206
that can be held in a year under section 5705.214 of the Revised	133207
Code.	133208

(I) A school district board of education proposing a ballot	133209
measure under this section to generate local resources for a	133210
project under the school building assistance expedited local	133211
partnership program under section 3318.36 of the Revised Code may	133212
combine the questions under division (D) of this section with a	133213
question for the levy of a property tax to generate moneys for	133214
maintenance of the classroom facilities acquired under that	133215
project as prescribed in section 3318.361 of the Revised Code.	133216

(J)(1) After receiving the county auditor's certification	133217
under division (A) of this section, the board of education of a	133218
municipal school district, by a vote of two-thirds of all its	133219
members, may declare by resolution that it is necessary to levy a	133220
tax in excess of the ten-mill limitation for the purpose of paying	133221
the current expenses of the school district and of partnering	133222
community schools, as defined in section 5705.21 of the Revised	133223
Code; that it is necessary to issue general obligation bonds of	133224
the school district for permanent improvements of the district and	133225
to levy an additional tax in excess of the ten-mill limitation to	133226
pay debt charges on the bonds and any anticipatory securities; and	133227
that the question of the bonds and taxes shall be submitted to the	133228
electors of the school district at a special election, which shall	133229
not be earlier than ninety days after certification of the	133230
resolution to the board of elections, and the date of which shall	133231
be consistent with section 3505.01 of the Revised Code.	133232

The levy of taxes for the current expenses of a partnering	133233
community school under division (J) of this section and the	133234
distribution of proceeds from the tax by a municipal school	133235
district to partnering community schools is hereby determined to	133236
be a proper public purpose.	133237

(2) The tax for the current expenses of the school district	133238
and of partnering community schools is subject to the requirements	133239
of divisions (B)(3), (4), and (5) of section 5705.21 of the	133240
Revised Code.	133241

(3) In addition to the required specifications of the	133242
resolution under division (B) of this section, the resolution	133243
shall express the rate of the tax in mills per dollar of taxable	133244
value, state the number of the mills to be levied for the current	133245
expenses of the partnering community schools and the number of the	133246
mills to be levied for the current expenses of the school	133247
district, specify the number of years (not exceeding ten) the tax	133248
will be levied or that it will be levied for a continuing period	133249
of time, and state the first year the tax will be levied.	133250

The resolution shall go into immediate effect upon its	133251
passage, and no publication of it is necessary other than that	133252
provided in the notice of election. The board of education shall	133253
certify a copy of the resolution, along with copies of the	133254
auditor's estimate and its resolution under division (A) of this	133255
section, to the board of elections immediately after its adoption.	133256

(4) The form of the ballot shall be modified by replacing the	133257
ballot form set forth in division (D)(3) of this section with the	133258
following:	133259

"Levy an additional property tax for the purpose of the	133260
current expenses of the school district and of partnering	133261
community schools at a rate not exceeding ...... (insert the	133262
number of mills) mills for each one dollar of valuation (of which	133263
...... (insert the number of mills to be allocated to partnering	133264
community schools) mills is to be allocated to partnering	133265
community schools), which amounts to ...... (insert the rate	133266
expressed in dollars and cents) for each one hundred dollars of	133267
valuation, for ...... (insert the number of years the levy is to	133268
be imposed, or that it will be levied for a continuing period of	133269
time)?	133270

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			133271
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		133272

(5) After the approval of a tax for the current expenses of	133273
the school district and of partnering community schools under	133274
division (J) of this section, and prior to the time the first	133275
collection and distribution from the levy can be made, the board	133276
of education may anticipate a fraction of the proceeds of the levy	133277
for the current expenses of the school district and issue	133278
anticipation notes in a principal amount not exceeding fifty per	133279
cent of the estimated proceeds of the levy to be collected during	133280
the first year of the levy and allocated to the school district.	133281
The portion of levy proceeds to be allocated to partnering	133282
community schools shall not be included in the estimated proceeds	133283
anticipated under this division and shall not be used to pay debt	133284
charges on any anticipation notes.	133285

The notes shall be issued as provided in section 133.24 of	133286
the Revised Code, shall have principal payments during each year	133287
after the year of their issuance over a period not to exceed five	133288
years, and may have a principal payment in the year of their	133289
issuance.	133290

(6) A tax for the current expenses of the school district and	133291
of partnering community schools levied under division (J) of this	133292
section for a specified number of years may be renewed or replaced	133293
in the same manner as a tax for the current expenses of a school	133294
district and of partnering community schools levied under division	133295
(B) of section 5705.21 of the Revised Code. A tax for the current	133296
expenses of the school district and of partnering community	133297
schools levied under this division for a continuing period of time	133298
may be decreased in accordance with section 5705.261 of the	133299
Revised Code.	133300

(7) The proceeds from the issuance of the general obligation	133301
bonds under division (J) of this section shall be used solely to	133302
pay for permanent improvements of the school district and not for	133303
permanent improvements of partnering community schools.	133304

Sec. 5705.221. (A) At any time, the board of county	133305
commissioners of any county by a majority vote of the full	133306
membership may declare by resolution and certify to the board of	133307
elections of the county that the amount of taxes which may be	133308
raised within the ten-mill limitation by levies on the current tax	133309
duplicate will be insufficient to provide the necessary	133310
requirements of the county's alcohol, drug addiction, and mental	133311
health service district established pursuant to Chapter 340. of	133312
the Revised Code, or the county's contribution to a joint-county	133313
district of which the county is a part, and that it is necessary	133314
to levy a tax in excess of such limitation for the operation of	133315
~~alcohol and drug~~community addiction ~~programs~~services providers	133316
and community mental health ~~programs~~services providers and the	133317
acquisition, construction, renovation, financing, maintenance, and	133318
operation of alcohol and drug addiction facilities and mental	133319
health facilities.	133320

Such resolution shall conform to section 5705.19 of the	133321
Revised Code, except that the increased rate may be in effect for	133322
any number of years not exceeding ten.	133323

The resolution shall be certified and submitted in the manner	133324
provided in section 5705.25 of the Revised Code, except that it	133325
may be placed on the ballot in any election, and shall be	133326
certified to the board of elections not less than ninety days	133327
before the election at which it will be voted upon.	133328

If the majority of the electors voting on a levy to	133329
supplement general fund appropriations for the support of the	133330
comprehensive ~~alcohol and drug~~community addiction and mental	133331
health ~~program~~services providers vote in favor of the levy, the	133332
board may levy a tax within the county at the additional rate	133333
outside the ten-mill limitation during the specified or continuing	133334
period, for the purpose stated in the resolution.	133335

(B) When electors have approved a tax levy under this	133336
section, the board of county commissioners may anticipate a	133337
fraction of the proceeds of the levy and, from time to time, issue	133338
anticipation notes in accordance with section 5705.191 or 5705.193	133339
of the Revised Code.	133340

(C) The county auditor who is the fiscal officer of the	133341
alcohol, drug addiction, and mental health service district, upon	133342
receipt of a resolution from the board of alcohol, drug addiction,	133343
and mental health services, shall establish for the district a	133344
capital improvements account or a reserve balance account, or	133345
both, as specified in the resolution. The capital improvements	133346
account shall be a contingency fund for the necessary acquisition,	133347
replacement, renovation, or construction of facilities and movable	133348
and fixed equipment. Upon the request of the board, funds not	133349
needed to pay for current expenses may be appropriated to the	133350
capital improvements account, in amounts such that the account	133351
does not exceed twenty-five per cent of the replacement value of	133352
all capital facilities and equipment currently used by the board	133353
for programs and services. Other funds which are available for	133354
current capital expenses from federal, state, or local sources may	133355
also be appropriated to this account.	133356

The reserve balance account shall contain those funds that	133357
are not needed to pay for current operating expenses and not	133358
deposited in the capital improvements account but that will be	133359
needed to pay for operating expenses in the future. Upon the	133360
request of a board, such funds shall be appropriated to the	133361
reserve balance account. Payments from the capital improvements	133362
account and the reserve balance account shall be made by the	133363
county treasurer who is the custodian of funds for the district	133364
upon warrants issued by the county auditor who is the fiscal	133365
officer of the district pursuant to orders of the board.	133366

Sec. 5705.25. (A) A copy of any resolution adopted as	133367
provided in section 5705.19 or 5705.2111 of the Revised Code shall	133368
be certified by the taxing authority to the board of elections of	133369
the proper county not less than ninety days before the general	133370
election in any year, and the board shall submit the proposal to	133371
the electors of the subdivision at the succeeding November	133372
election. In the case of a qualifying library levy, the board	133373
shall submit the question to the electors of the library district	133374
or association library district. Except as otherwise provided in	133375
this division, a resolution to renew an existing levy, regardless	133376
of the section of the Revised Code under which the tax was	133377
imposed, shall not be placed on the ballot unless the question is	133378
submitted at the general election held during the last year the	133379
tax to be renewed or replaced may be extended on the real and	133380
public utility property tax list and duplicate, or at any election	133381
held in the ensuing year. The limitation of the foregoing sentence	133382
does not apply to a resolution to renew and increase or to renew	133383
part of an existing levy that was imposed under section 5705.191	133384
of the Revised Code to supplement the general fund for the purpose	133385
of making appropriations for one or more of the following	133386
purposes: for public assistance, human or social services, relief,	133387
welfare, hospitalization, health, and support of general	133388
hospitals. The limitation of the second preceding sentence also	133389
does not apply to a resolution that proposes to renew two or more	133390
existing levies imposed under section 5705.21 or 5705.217 of the	133391
Revised Code, in which case the question shall be submitted on the	133392
date of the general or primary election held during the last year	133393
at least one of the levies to be renewed may be extended on the	133394
real and public utility property tax list and duplicate, or at any	133395
election held during the ensuing year. For purposes of this	133396
section, a levy shall be considered to be an "existing levy"	133397
through the year following the last year it can be placed on that	133398
tax list and duplicate.	133399

The board shall make the necessary arrangements for the	133400
submission of such questions to the electors of such subdivision,	133401
library district, or association library district, and the	133402
election shall be conducted, canvassed, and certified in the same	133403
manner as regular elections in such subdivision, library district,	133404
or association library district for the election of county	133405
officers. Notice of the election shall be published in a newspaper	133406
of general circulation in the subdivision, library district, or	133407
association library district once a week for two consecutive	133408
weeks, or as provided in section 7.16 of the Revised Code, prior	133409
to the election. If the board of elections operates and maintains	133410
a web site, the board of elections shall post notice of the	133411
election on its web site for thirty days prior to the election.	133412
The notice shall state the purpose, the proposed increase in rate	133413
expressed in dollars and cents for each one hundred dollars of	133414
valuation as well as in mills for each one dollar of valuation,	133415
the number of years during which the increase will be in effect,	133416
the first month and year in which the tax will be levied, and the	133417
time and place of the election.	133418

(B) The form of the ballots cast at an election held pursuant	133419
to division (A) of this section shall be as follows:	133420

"An additional tax for the benefit of (name of subdivision or	133421
public library) .......... for the purpose of (purpose stated in	133422
the resolution) .......... at a rate not exceeding ...... mills	133423
for each one dollar of valuation, which amounts to (rate expressed	133424
in dollars and cents) ............ for each one hundred dollars of	133425
valuation, for ...... (life of indebtedness or number of years the	133426
levy is to run).	133427

133428

		For the Tax Levy			133429
		Against the Tax Levy	"		133430

133431

(C) If the levy is to be in effect for a continuing period of	133432
time, the notice of election and the form of ballot shall so state	133433
instead of setting forth a specified number of years for the levy.	133434

If the tax is to be placed on the current tax list, the form	133435
of the ballot shall be modified by adding, after the statement of	133436
the number of years the levy is to run, the phrase ", commencing	133437
in .......... (first year the tax is to be levied), first due in	133438
calendar year .......... (first calendar year in which the tax	133439
shall be due)."	133440

If the levy submitted is a proposal to renew, increase, or	133441
decrease an existing levy, the form of the ballot specified in	133442
division (B) of this section may be changed by substituting for	133443
the words "An additional" at the beginning of the form, the words	133444
"A renewal of a" in case of a proposal to renew an existing levy	133445
in the same amount; the words "A renewal of ........ mills and an	133446
increase of ...... mills to constitute a" in the case of an	133447
increase; or the words "A renewal of part of an existing levy,	133448
being a reduction of ...... mills, to constitute a" in the case of	133449
a decrease in the proposed levy.	133450

If the levy submitted is a proposal to renew two or more	133451
existing levies imposed under section 5705.21 or 5705.217 of the	133452
Revised Code, the form of the ballot specified in division (B) of	133453
this section shall be modified by substituting for the words "an	133454
additional tax" the words "a renewal of ....(insert the number of	133455
levies to be renewed) existing taxes."	133456

If the levy submitted is a levy under section 5705.72 of the	133457
Revised Code or a proposal to renew, increase, or decrease an	133458
existing levy imposed under that section, the name of the	133459
subdivision shall be "the unincorporated area of .......... (name	133460
of township)."	133461

The question covered by such resolution shall be submitted as	133462
a separate proposition but may be printed on the same ballot with	133463
any other proposition submitted at the same election, other than	133464
the election of officers. More than one such question may be	133465
submitted at the same election.	133466

(D) A levy voted in excess of the ten-mill limitation under	133467
this section shall be certified to the tax commissioner. In the	133468
first year of the levy, it shall be extended on the tax lists	133469
after the February settlement succeeding the election. If the	133470
additional tax is to be placed upon the tax list of the current	133471
year, as specified in the resolution providing for its submission,	133472
the result of the election shall be certified immediately after	133473
the canvass by the board of elections to the taxing authority, who	133474
shall make the necessary levy and certify it to the county	133475
auditor, who shall extend it on the tax lists for collection.	133476
After the first year, the tax levy shall be included in the annual	133477
tax budget that is certified to the county budget commission.	133478

Sec. 5705.55. (A) The board of directors of a lake	133479
facilities authority, by a vote of two-thirds of all its members,	133480
may at any time declare by resolution that the amount of taxes	133481
which may be raised within the ten-mill limitation by levies on	133482
the current tax duplicate will be insufficient to provide an	133483
adequate amount for the necessary requirements of the authority,	133484
that it is necessary to levy a tax in excess of such limitation	133485
for any of the purposes specified in divisions (A), (B), (F), and	133486
(H) of section 5705.19 of the Revised Code, and that the question	133487
of such additional tax levy shall be submitted by the board to the	133488
electors residing within the boundaries of the impacted lake	133489
district on the day of a primary or general election. The	133490
resolution shall conform to section 5705.19 of the Revised Code,	133491
except that the tax levy may be in effect for no more than five	133492
years, as set forth in the resolution, unless the levy is for the	133493
payment of debt charges, and the total number of mills levied for	133494
each dollar of taxable valuation that may be levied under this	133495
section for any tax year shall not exceed one mill. If the levy is	133496
for the payment of debt charges, the levy shall be for the life of	133497
the bond indebtedness.	133498

The resolution shall specify the date of holding the	133499
election, which shall not be earlier than ninety days after the	133500
adoption and certification of the resolution to the board of	133501
elections. The resolution shall not include a levy on the current	133502
tax list and duplicate unless the election is to be held at or	133503
prior to the first Tuesday after the first Monday in November of	133504
the current tax year.	133505

The resolution shall be certified to the board of elections	133506
of the proper county or counties not less than ninety days before	133507
the date of the election. The resolution shall go into immediate	133508
effect upon its passage, and no publication of the resolution	133509
shall be necessary other than that provided in the notice of	133510
election. Section 5705.25 of the Revised Code shall govern the	133511
arrangements for the submission of such question and other matters	133512
concerning the election, to which that section refers, except that	133513
the election shall be held on the date specified in the	133514
resolution. If a majority of the electors voting on the question	133515
so submitted in an election vote in favor of the levy, the board	133516
of directors may forthwith make the necessary levy within the	133517
boundaries of the impacted lake district at the additional rate in	133518
excess of the ten-mill limitation on the tax list, for the purpose	133519
stated in the resolution. The tax levy shall be included in the	133520
next annual tax budget that is certified to the county budget	133521
commission.	133522

(B) The form of the ballot in an election held on the	133523
question of levying a tax proposed pursuant to this section shall	133524
be as follows or in any other form acceptable to the secretary of	133525
state:	133526

"A tax for the benefit of (name of lake facilities authority)	133527
.......... for the purpose of .......... at a rate not exceeding	133528
......... mills for each one dollar of valuation, which amounts to	133529
(rate expressed in dollars and cents) ............ for each one	133530
hundred dollars of valuation, for ............ (life of	133531
indebtedness or number of years the levy is to run).	133532

133533

		For the Tax Levy			133534
		Against the Tax Levy	"		133535

133536

(C) On approval of the levy, notes may be issued in	133537
anticipation of the collection of the proceeds of the tax levy,	133538
other than the proceeds to be received for the payment of bond	133539
debt charges, in the amount and manner and at the times as are	133540
provided in section 5705.193 of the Revised Code, for the issuance	133541
of notes by a county in anticipation of the proceeds of a tax	133542
levy. The lake facilities authority may borrow money in	133543
anticipation of the collection of current revenues as provided in	133544
section 133.10 of the Revised Code.	133545

(D) If a tax is levied under this section in a tax year, no	133546
other taxing authority of a subdivision or taxing unit, including	133547
a port authority, may levy a tax on property in the impacted lake	133548
district in the same tax year if the purpose of the levy is	133549
substantially the same as the purpose for which the lake	133550
facilities authority of the impacted lake district was created.	133551

Sec. 5709.17. The following property shall be exempted from	133552
taxation:	133553

(A) Real estate held or occupied by an association or	133554
corporation, organized or incorporated under the laws of this	133555
state relative to soldiers' memorial associations, monumental	133556
building associations, or cemetery associations or corporations,	133557
which in the opinion of the trustees, directors, or managers	133558
thereof is necessary and proper to carry out the object intended	133559
for such association or corporation;	133560

(B) Real estate and tangible personal property held or	133561
occupied by a veterans' organization that qualifies for exemption	133562
from taxation under section 501(c)(19) or 501(c)(23) of the	133563
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	133564
amended, and is incorporated under the laws of this state or the	133565
United States, except real estate held by such organization for	133566
the production of rental ~~or other~~ income in excess of the	133567
designated amount, before accounting for any cost or expense	133568
incurred in the production of such income. For the purposes of	133569
this division~~, the~~:	133570

(1) "Rental income" includes only income arising directly	133571
from renting the real estate to others for consideration.	133572

(2) The "designated amount" equals seven thousand five	133573
hundred dollars in tax year 2002, and shall be increased by two	133574
hundred fifty dollars each year thereafter until tax year 2012,	133575
when it shall equal ten thousand dollars. For tax years 2013 and	133576
thereafter, the designated amount shall equal ~~ten~~thirty-six	133577
thousand dollars.	133578

(C) Tangible personal property held by a corporation	133579
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	133580
section 501(c)(3) of the Internal Revenue Code, and exempt from	133581
taxation under section 501(a) of the Internal Revenue Code shall	133582
be exempt from taxation if it is property obtained as described in	133583
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	133584

(D) Real estate held or occupied by a fraternal organization	133585
and used primarily for meetings of and the administration of the	133586
fraternal organization. As used in this division, "fraternal	133587
organization" means a domestic fraternal society, order, or	133588
association operating under the lodge, council, or grange system	133589
that qualifies for exemption from taxation under section	133590
501(c)(5), 501(c)(8), or 501(c)(10) of the "Internal Revenue Code	133591
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended; that provides	133592
financial support for charitable purposes, as defined in division	133593
(B)(12) of section 5739.02 of the Revised Code; and that has been	133594
operating in this state with a state governing body for at least	133595
one hundred years.	133596

Sec. 5709.75. (A) Any township that receives service payments	133597
in lieu of taxes under section 5709.74 of the Revised Code shall	133598
establish a township public improvement tax increment equivalent	133599
fund into which those payments shall be deposited. If the board of	133600
township trustees has adopted a resolution under division (C) of	133601
section 5709.73 of the Revised Code, the township shall establish	133602
at least one account in that fund with respect to resolutions	133603
adopted under division (B) of that section, and one account with	133604
respect to each incentive district created by a resolution adopted	133605
under division (C) of that section. If a resolution adopted under	133606
division (C) of section 5709.73 of the Revised Code also	133607
authorizes the use of service payments for housing renovations	133608
within the incentive district, the township shall establish	133609
separate accounts for the service payments designated for public	133610
infrastructure improvements and for the service payments	133611
authorized for the purpose of housing renovations.	133612

(B) Except as otherwise provided in division (C) or (D) of	133613
this section, money deposited in an account of the township public	133614
improvement tax increment equivalent fund shall be used by the	133615
township to pay the costs of public infrastructure improvements	133616
designated in or the housing renovations authorized by the	133617
resolution with respect to which the account is established,	133618
including any interest on and principal of the notes; in the case	133619
of an account established with respect to a resolution adopted	133620
under division (C) of that section, money in the account shall be	133621
used to finance the public infrastructure improvements designated,	133622
or the housing renovations authorized, for each incentive district	133623
created in the resolution. Money in an account shall not be used	133624
to finance or support housing renovations that take place after	133625
the incentive district has expired.	133626

(C)(1)(a) A township may distribute money in such an account	133627
to any school district in which the exempt property is located in	133628
an amount not to exceed the amount of real property taxes that	133629
such school district would have received from the improvement if	133630
it were not exempt from taxation. The resolution establishing the	133631
fund shall set forth the percentage of such maximum amount that	133632
will be distributed to any affected school district.	133633

(b) A township also may distribute money in such an account	133634
as follows:	133635

(i) To a board of county commissioners, in the amount that is	133636
owed to the board pursuant to division (E) of section 5709.73 of	133637
the Revised Code;	133638

(ii) To a county in accordance with section 5709.913 of the	133639
Revised Code.	133640

(2) Money from an account in a township public improvement	133641
tax increment equivalent fund may be distributed under division	133642
(C)(1)(b) of this section, regardless of the date a resolution was	133643
adopted under section 5709.73 of the Revised Code that prompted	133644
the establishment of the account, even if the resolution was	133645
adopted prior to March 30, 2006.	133646

(D) A board of township trustees that adopted a resolution	133647
under ~~division (B) of~~ section 5709.73 of the Revised Code ~~before~~	133648
~~January 1, 1995,~~ and that, with respect to property exempted under	133649
such a resolution, is party to a hold-harmless or service	133650
agreement, may appropriate and expend unencumbered money in the	133651
fund to pay current public safety expenses of the township. A	133652
township appropriating and expending money under this division	133653
shall reimburse the fund for the sum so appropriated and expended	133654
not later than the day the exemption granted under the resolution	133655
expires. For the purposes of this division, a "hold-harmless	133656
agreement" is an agreement with the board of education of a city,	133657
local, or exempted village school district under which the board	133658
of township trustees agrees to compensate the school district for	133659
one hundred per cent of the tax revenue the school district would	133660
have received from improvements to parcels designated in the	133661
resolution were it not for the exemption granted by the	133662
resolution.	133663

(E) Any ~~incidental surplus~~unencumbered money remaining in	133664
the township public improvement tax increment equivalent fund or	133665
an account of that fund upon dissolution of the account or fund	133666
shall be transferred to the general fund of the township.	133667

Sec. 5723.01. (A)(1) Every tract of land and town lot,	133668
which, pursuant to foreclosure proceedings under section 323.25,	133669
sections 323.65 to 323.79, or section 5721.18 of the Revised Code,	133670
has been advertised and offered for sale on two separate	133671
occasions, not less than two weeks apart, and not sold for want of	133672
bidders, shall be forfeited to the state or to a political	133673
subdivision, school district, or county land reutilization	133674
corporation pursuant to division (A)(3) of this section.	133675

(2) The county prosecuting attorney shall certify to the	133676
court that such tract of land or town lot has been twice offered	133677
for sale and not sold for want of a bidder. Such forfeiture of	133678
lands and town lots shall be effective when the court by entry	133679
orders such lands and town lots forfeited to the state or to a	133680
political subdivision, school district, or county land	133681
reutilization corporation pursuant to division (A)(3) of this	133682
section. A copy of such entry shall be certified to the county	133683
auditor and, after the date of the certification, all the right,	133684
title, claim, and interest of the former owner is transferred to	133685
and vested in the state to be disposed of in compliance with this	133686
chapter.	133687

(3) After having been notified pursuant to division (A)(2) of	133688
this section that the tract of land or town lot has been twice	133689
offered for sale and not sold for want of bidders, the court shall	133690
notify the political subdivision and school district in which the	133691
property is located, and any county land reutilization corporation	133692
in the county, and offer to forfeit the property to the political	133693
subdivision, school district, or corporation, or to an electing	133694
subdivision as defined in section 5722.01 of the Revised Code,	133695
upon a petition from the political subdivision, school district,	133696
or corporation. If no such petition is filed with the court within	133697
ten days after notification by the court, the court shall forfeit	133698
the property to the state. If a political subdivision, school	133699
district, or corporation requests through a petition to receive	133700
the property through forfeiture, the forfeiture of land and town	133701
lots is effective when, by entry, the court orders such lands and	133702
town lots forfeited to the political subdivision, school district,	133703
or corporation. The court shall certify a copy of the entry to the	133704
county auditor and, after the date of certification, all the	133705
right, title, claim, and interest of the former owner is	133706
transferred to and vested in the political subdivision, school	133707
district, or corporation free and clear of all taxes, assessments,	133708
charges, penalties, interest, and costs. Any subordinate liens	133709
shall be deemed fully and forever satisfied and discharged.	133710

(B) Every parcel against which a judgment of foreclosure and	133711
forfeiture is made in accordance with section 5721.16 of the	133712
Revised Code is forfeited to the state on the date the court	133713
enters a finding under that section. After that date, all the	133714
right, title, claim, and interest of the former owner is	133715
transferred to the state to be disposed of in compliance with the	133716
relevant provisions of this chapter.	133717

Sec. 5725.18. (A) An annual franchise tax on the privilege	133718
of being an insurance company is hereby levied on each domestic	133719
insurance company. In the month of May, annually, the treasurer of	133720
state shall charge for collection from each domestic insurance	133721
company a franchise tax in the amount computed in accordance with	133722
the following, as applicable:	133723

(1) With respect to a domestic insurance company that is a	133724
health insuring corporation, one per cent of all premium rate	133725
payments received, exclusive of payments received under the	133726
medicare program ~~established under Title XVIII of the "Social~~	133727
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	133728
and exclusive of payments received pursuant to the ~~medical~~	133729
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	133730
~~Revised Code~~ for the period ending September 30, 2009, as	133731
reflected in its annual report for the preceding calendar year;	133732

(2) With respect to a domestic insurance company that is not	133733
a health insuring corporation, one and four-tenths per cent of the	133734
gross amount of premiums received from policies covering risks	133735
within this state, exclusive of premiums received under the	133736
medicare program ~~established under Title XVIII of the "Social~~	133737
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	133738
and exclusive of payments received pursuant to the ~~medical~~	133739
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	133740
~~Revised Code~~ for the period ending September 30, 2009, as	133741
reflected in its annual statement for the preceding calendar year,	133742
and, if the company operates a health insuring corporation as a	133743
line of business, one per cent of all premium rate payments	133744
received from that line of business, exclusive of payments	133745
received under the medicare program ~~established under Title XVIII~~	133746
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	133747
~~301, as amended,~~ and exclusive of payments received pursuant to	133748
the ~~medical assistance~~medicaid program ~~established under Chapter~~	133749
~~5111. of the Revised Code~~ for the period ending September 30,	133750
2009, as reflected in its annual statement for the preceding	133751
calendar year.	133752

Domestic insurance companies, including health insuring	133753
corporations, receiving payments pursuant to the ~~medical~~	133754
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	133755
~~Revised Code~~ during the period beginning October 1, 2009, and	133756
ending December 31, 2009, shall file with the 2009 annual	133757
statement to the superintendent a schedule that reflects those	133758
payments received pursuant to the ~~medical assistance~~medicaid	133759
program for that period. The payments reflected in the schedule,	133760
plus all other taxable premiums, are subject to the annual	133761
franchise tax due to be paid in 2010.	133762

(B) The gross amount of premium rate payments or premiums	133763
used to compute the applicable tax in accordance with division (A)	133764
of this section is subject to the deductions prescribed by section	133765
5729.03 of the Revised Code for foreign insurance companies. The	133766
objects of such tax are those declared in section 5725.24 of the	133767
Revised Code, to which only such tax shall be applied.	133768

(C) In no case shall such tax be less than two hundred fifty	133769
dollars.	133770

Sec. 5725.33. (A) Except as otherwise provided in this	133771
section, terms used in this section have the same meaning as	133772
section 45D of the Internal Revenue Code, any related proposed,	133773
temporary or final regulations promulgated under the Internal	133774
Revenue Code, any rules or guidance of the internal revenue	133775
service or the United States department of the treasury, and any	133776
related rules or guidance issued by the community development	133777
financial institutions fund of the United States department of the	133778
treasury, as such law, regulations, rules, and guidance exist on	133779
October 16, 2009.	133780

As used in this section:

133781

(1) "Adjusted purchase price" means the amount paid for	133782
qualified equity investments multiplied by the qualified	133783
low-income community investments made by the issuer in projects	133784
located in this state as a percentage of the total amount of	133785
qualified low-income community investments made by the issuer in	133786
projects located in all states on the credit allowance date during	133787
the applicable tax year, subject to divisions (B)(1) and (2) of	133788
this section.	133789

(2) "Applicable percentage" means zero per cent for each of	133790
the first two credit allowance dates, seven per cent for the third	133791
credit allowance date, and eight per cent for the four following	133792
credit allowance dates.	133793

(3) "Credit allowance date" means the date, on or after	133794
January 1, 2010, a qualified equity investment is made and each of	133795
the six anniversary dates thereafter. For qualified equity	133796
investments made after October 16, 2009, but before January 1,	133797
2010, the initial credit allowance date is January 1, 2010, and	133798
each of the six anniversary dates thereafter is on the first day	133799
of January of each year.	133800

(4) ~~"Qualified active low-income community business" excludes~~	133801
~~any business that derives or projects to derive fifteen per cent~~	133802
~~or more of annual revenue from the rental or sale of real~~	133803
~~property, except any business that is a special purpose entity~~	133804
~~principally owned by a principal user of that property formed~~	133805
~~solely for the purpose of renting, either directly or indirectly,~~	133806
~~or selling real property back to such principal user if such~~	133807
~~principal user does not derive fifteen per cent or more of its~~	133808
~~gross annual revenue from the rental or sale of real property.~~	133809

~~(5)~~ "Qualified community development entity" includes only	133810
entities:	133811

~~(a) That~~that have entered into an allocation agreement with	133812
the community development financial institutions fund of the	133813
United States department of the treasury with respect to credits	133814
authorized by section 45D of the Internal Revenue Code;	133815

~~(b) Whose~~and whose service area includes any portion of this	133816
state~~; and~~	133817

~~(c) That will designate an equity investment in such entities~~	133818
~~as a qualified equity investment for purposes of both section 45D~~	133819
~~of the Internal Revenue Code and this section~~.	133820

~~(6)~~(5) "Qualified equity investment" is limited to an equity	133821
investment in a qualified community development entity that:	133822

(a) Is acquired after October 16, 2009, at its original	133823
issuance solely in exchange for cash;	133824

(b) Has at least eighty-five per cent of its cash purchase	133825
price used by the qualified community development entity to make	133826
qualified low-income community investments, provided that in the	133827
seventh year after a qualified equity investment is made, only	133828
seventy-five per cent of such cash purchase price must be used by	133829
the qualified community development entity to make qualified	133830
low-income community investments; and	133831

(c) Is designated by the issuer as a qualified equity	133832
investment.	133833

"Qualified equity investment" includes any equity investment	133834
that would, but for division (A)~~(6)~~(5)(a) of this section, be a	133835
qualified equity investment in the hands of the taxpayer if such	133836
investment was a qualified equity investment in the hands of a	133837
prior holder.	133838

(B) There is hereby allowed a nonrefundable credit against	133839
the tax imposed by section 5725.18 of the Revised Code for an	133840
insurance company holding a qualified equity investment on the	133841
credit allowance date occurring in the calendar year for which the	133842
tax is due. The credit shall equal the applicable percentage of	133843
the adjusted purchase price of qualified low-income community	133844
investments, subject to divisions (B)(1) and (2) of this section:	133845

(1) For the purpose of calculating the amount of qualified	133846
low-income community investments held by a qualified community	133847
development entity, an investment shall be considered held by a	133848
qualified community development entity even if the investment has	133849
been sold or repaid, provided that, at any time before the seventh	133850
anniversary of the issuance of the qualified equity investment,	133851
the qualified community development entity reinvests an amount	133852
equal to the capital returned to or received or recovered by the	133853
qualified community development entity from the original	133854
investment, exclusive of any profits realized and costs incurred	133855
in the sale or repayment, in another qualified low-income	133856
community investment within twelve months of the receipt of such	133857
capital. If the qualified low-income community investment is sold	133858
or repaid after the sixth anniversary of the issuance of the	133859
qualified equity investment, the qualified low-income community	133860
investment shall be considered held by the qualified community	133861
development entity through the seventh anniversary of the	133862
qualified equity investment's issuance.	133863

(2) The qualified low-income community investment made in	133864
this state shall equal the sum of the qualified low-income	133865
community investments in each qualified active low-income	133866
community business in this state, not to exceed two million five	133867
hundred sixty-four thousand dollars, in which the qualified	133868
community development entity invests, including such investments	133869
in any such businesses in this state related to that qualified	133870
active low-income community business through majority ownership or	133871
control.	133872

The credit shall be claimed in the order prescribed by	133873
section 5725.98 of the Revised Code. If the amount of the credit	133874
exceeds the amount of tax otherwise due after deducting all other	133875
credits in that order, the excess may be carried forward and	133876
applied to the tax due for not more than four ensuing years.	133877

By claiming a tax credit under this section, an insurance	133878
company waives its rights under section 5725.222 of the Revised	133879
Code with respect to the time limitation for the assessment of	133880
taxes as it relates to credits claimed that later become subject	133881
to recapture under division (E) of this section.	133882

(C) The amount of qualified equity investments on the basis	133883
of which credits may be claimed under this section and sections	133884
5726.54, 5729.16, and 5733.58 of the Revised Code shall not exceed	133885
the amount, estimated by the director of development, that would	133886
cause the total amount of credits allowed each fiscal year to	133887
exceed ten million dollars, computed without regard to the	133888
potential for taxpayers to carry tax credits forward to later	133889
years.	133890

(D) If any amount of ~~the~~a federal tax credit allowed for a	133891
qualified equity investment for which a credit was received under	133892
this section is recaptured under section 45D of the Internal	133893
Revenue Code, or if the director of development services	133894
determines that an investment for which a tax credit is claimed	133895
under this section is not a qualified equity investment or that	133896
the proceeds of an investment for which a tax credit is claimed	133897
under this section are used to make qualified low-income community	133898
investments other than in a qualified active low-income community	133899
business, all or a portion of the credit received on account of	133900
that investment shall be paid by the insurance company that	133901
received the credit to the superintendent of insurance. The amount	133902
to be recovered shall be determined by the director of development	133903
services pursuant to rules adopted under division (E) of this	133904
section. The director shall certify any amount due under this	133905
division to the superintendent of insurance, and the	133906
superintendent shall notify the treasurer of state of the amount	133907
due. Upon notification, the treasurer shall invoice the insurance	133908
company for the amount due. The amount due is payable not later	133909
than thirty days after the date the treasurer invoices the	133910
insurance company. The amount due shall be considered to be tax	133911
due under section 5725.18 of the Revised Code, and may be	133912
collected by assessment without regard to the time limitations	133913
imposed under section 5725.222 of the Revised Code for the	133914
assessment of taxes by the superintendent. All amounts collected	133915
under this division shall be credited as revenue from the tax	133916
levied under section 5725.18 of the Revised Code.	133917

(E) The tax credits authorized under this section and	133918
sections 5726.54, 5729.16, and 5733.58 of the Revised Code shall	133919
be administered by the ~~department of~~ development services agency.	133920
The director of development services, in consultation with the tax	133921
commissioner and the superintendent of insurance, pursuant to	133922
Chapter 119. of the Revised Code, shall adopt rules for the	133923
administration of this section and sections 5726.54, 5729.16, and	133924
5733.58 of the Revised Code. The rules shall provide for	133925
determining the recovery of credits under division (D) of this	133926
section and under sections 5726.54, 5729.16, and 5733.58 of the	133927
Revised Code, including prorating the amount of the credit to be	133928
recovered on any reasonable basis, the manner in which credits may	133929
be allocated among claimants, and the amount of any application or	133930
other fees to be charged in connection with a recovery.	133931

(F) There is hereby created in the state treasury the new	133932
markets tax credit operating fund. The director of development	133933
services is authorized to charge reasonable application and other	133934
fees in connection with the administration of tax credits	133935
authorized by this section and sections 5726.54, 5729.16, and	133936
5733.58 of the Revised Code. Any such fees collected shall be	133937
credited to the fund. The director of development services shall	133938
use money in the fund to pay expenses related to the	133939
administration of tax credits authorized under sections 5725.33,	133940
5726.54, 5729.16, and 5733.58 of the Revised Code.	133941

Sec. 5725.34. (A) As used in this section, "certificate	133942
owner" has the same meaning as in section 149.311 of the Revised	133943
Code.	133944

(B) There is allowed a credit against the tax imposed by	133945
section 5725.18 of the Revised Code for an insurance company	133946
subject to that tax that is a certificate owner of a	133947
rehabilitation tax credit certificate issued under section 149.311	133948
of the Revised Code. The credit shall equal twenty-five per cent	133949
of the dollar amount indicated on the certificate, but the amount	133950
of the credit allowed for any company for any year shall not	133951
exceed ~~five~~ten million dollars. The credit shall be claimed in	133952
the calendar year specified in the certificate and in the order	133953
required under section 5725.98 of the Revised Code. If the credit	133954
exceeds the amount of tax otherwise due in that year, the excess	133955
shall be refunded to the company but, if any amount of the credit	133956
is refunded, the sum of the amount refunded and the amount applied	133957
to reduce the tax otherwise due in that year shall not exceed	133958
three million dollars. The company may carry forward any balance	133959
of the credit in excess of the amount claimed in that year for not	133960
more than five ensuing years, and shall deduct any amount claimed	133961
in any such year from the amount claimed in an ensuing year.	133962

(C) An insurance company claiming a credit under this section	133963
shall retain the rehabilitation tax credit certificate for four	133964
years following the end of the year in which the credit was	133965
claimed, and shall make the certificate available for inspection	133966
by the tax commissioner upon the request of the tax commissioner	133967
during that period.	133968

Sec. 5726.20. (A) The tax commissioner may make an	133969
assessment, based on any information in the commissioner's	133970
possession, against any person that fails to file a return or	133971
report or pay any tax as required by this chapter. The reporting	133972
person for a taxpayer shall file the annual report required under	133973
section 5726.02 of the Revised Code and remit the tax imposed by	133974
this chapter. Each person included in the annual report of the	133975
taxpayer is jointly and severally liable for the tax imposed by	133976
this chapter and any penalties and interest thereon. If the	133977
reporting person fails, for any reason, to file and remit any tax,	133978
the amount due may be collected by assessment against the	133979
reporting person and against any or all other persons required to	133980
be included in the annual report of the taxpayer in the manner	133981
provided by this section. The commissioner shall give the person	133982
assessed written notice of the assessment as provided in section	133983
5703.37 of the Revised Code. With the notice, the commissioner	133984
shall provide instructions on the manner in which to petition for	133985
reassessment and request a hearing with respect to the petition.	133986

(B) No assessment shall be made or issued against a person	133987
under this section more than four years after the later of the	133988
final date the report subject to assessment was required to be	133989
filed or the date such report was filed. Such time limit may be	133990
extended if both the person and the commissioner consent in	133991
writing to the extension or if an agreement waiving or extending	133992
the time limit has been entered into pursuant to section 122.171	133993
of the Revised Code. Any such extension shall extend the four-year	133994
time limit prescribed in division (A) of section 5726.30 of the	133995
Revised Code for the same period of time. There shall be no bar or	133996
limit to an assessment against a person that fails to file a	133997
report subject to assessment as required by this chapter, or that	133998
files a fraudulent report.	133999

(C) Unless the person assessed, within sixty days after	134000
service of the notice of assessment, files with the tax	134001
commissioner, either in person or by certified mail, a written	134002
petition for reassessment signed by the person or the person's	134003
authorized agent having knowledge of the facts, the assessment	134004
shall become final, and the amount of the assessment is due and	134005
payable from the person assessed to the treasurer of state. A	134006
petition shall indicate the objections of the person assessed, but	134007
additional objections may be raised in writing if received by the	134008
commissioner prior to the date shown on the final determination.	134009
If a petition for reassessment has been properly filed, the	134010
commissioner shall proceed under section 5703.60 of the Revised	134011
Code.	134012

(D)(1) After an assessment becomes final, if any portion of	134013
the assessment, including any accrued interest, remains unpaid, a	134014
certified copy of the tax commissioner's entry making the	134015
assessment final may be filed in the office of the clerk of the	134016
court of common pleas in the county in which the person resides or	134017
has its principal place of business in this state, or in the	134018
office of the clerk of court of common pleas of Franklin county.	134019

(2) Immediately upon the filing of the entry, the clerk shall	134020
enter judgment for the state against the person assessed in the	134021
amount shown on the entry. The judgment may be filed by the clerk	134022
in a loose-leaf book entitled, "special judgments for the	134023
financial institution tax" and shall have the same effect as other	134024
judgments. Execution shall issue upon the judgment at the request	134025
of the tax commissioner, and all laws applicable to sales on	134026
execution shall apply to sales made under the judgment.	134027

(3) ~~The portion of~~If the assessment is not paid in its	134028
entirety within sixty days after the day the assessment was	134029
issued, the portion of the assessment consisting of tax due shall	134030
bear interest at the rate per annum prescribed by section 5703.47	134031
of the Revised Code from the date the tax commissioner issues the	134032
assessment until the date the assessment is paid or until it is	134033
certified to the attorney general for collection under section	134034
131.02 of the Revised Code, whichever comes first. If the unpaid	134035
portion of the assessment is certified to the attorney general for	134036
collection, the entire unpaid portion of the assessment shall bear	134037
interest at the rate per annum prescribed by section 5703.47 of	134038
the Revised Code from the date of certification until the date it	134039
is paid in its entirety. Interest shall be paid in the same manner	134040
as the tax and may be collected by the issuance of an assessment	134041
under this section.	134042

(E) If the tax commissioner believes that collection of the	134043
tax imposed by this chapter will be jeopardized unless proceedings	134044
to collect or secure collection of the tax are instituted without	134045
delay, the commissioner may issue a jeopardy assessment against	134046
the person liable for the tax. Immediately upon the issuance of	134047
the jeopardy assessment, the commissioner shall file an entry with	134048
the clerk of the court of common pleas in the manner prescribed by	134049
division (D) of this section. Notice of the jeopardy assessment	134050
shall be served on the person assessed or the person's authorized	134051
agent in the manner provided in section 5703.37 of the Revised	134052
Code within five days of the filing of the entry with the clerk.	134053
The total amount assessed shall be immediately due and payable,	134054
unless the person assessed files a petition for reassessment in	134055
accordance with division (C) of this section and provides security	134056
in a form satisfactory to the commissioner and in an amount	134057
sufficient to satisfy the unpaid balance of the assessment. Full	134058
or partial payment of the assessment shall not prejudice the	134059
commissioner's consideration of the petition for reassessment.	134060

(F) The tax commissioner shall immediately forward to the	134061
treasurer of state all amounts the commissioner receives under	134062
this section. Such amounts shall be considered as revenue arising	134063
from the tax imposed by this chapter.	134064

(G) If the tax commissioner possesses information indicating	134065
that the amount of tax a taxpayer is required to pay under this	134066
chapter exceeds the amount the reporting person for the taxpayer	134067
paid, the tax commissioner may audit a sample of the taxpayer's	134068
gross receipts over a representative period of time to ascertain	134069
the amount of tax due, and may issue an assessment based on the	134070
audit. The tax commissioner shall make a good faith effort to	134071
reach agreement with the taxpayer in selecting a representative	134072
sample. The tax commissioner may apply a sampling method only if	134073
the commissioner has prescribed the method by rule.	134074

(H) If the whereabouts of a person subject to this chapter is	134075
not known to the tax commissioner, the secretary of state is	134076
hereby deemed to be that person's agent for purposes of service of	134077
process or notice of any assessment, action, or proceedings	134078
instituted in this state against the person under this chapter.	134079
Such process or notice shall be served on such person by the	134080
commissioner or by an agent of the commissioner by leaving a true	134081
and attested copy of the process or notice at the office of the	134082
secretary of state at least fifteen days before the return day of	134083
such process or notice, and by sending a copy of the process or	134084
notice to such person by ordinary mail, with an endorsement	134085
thereon of the service upon the secretary of state, addressed to	134086
such person at the person's last known address.	134087

Sec. 5726.52. (A) As used in this section, "certificate	134088
owner" has the same meaning as in section 149.311 of the Revised	134089
Code.	134090

(B) A taxpayer may claim a refundable credit against the tax	134091
imposed by this chapter for each person included in the annual	134092
report of a taxpayer that is a certificate owner of a	134093
rehabilitation tax credit certificate issued under section 149.311	134094
of the Revised Code. The credit shall equal twenty-five per cent	134095
of the dollar amount indicated on each certificate, but shall not	134096
exceed ~~five~~ten million dollars for each certificate.	134097

The credit shall be claimed for the calendar year specified	134098
in the certificate and in the order required under section 5726.98	134099
of the Revised Code. If the credit exceeds the amount of tax	134100
otherwise due in that year, the excess shall be refunded to the	134101
taxpayer, provided that, if any amount of the credit is refunded,	134102
the sum of the amount refunded and the amount applied to reduce	134103
the tax otherwise due in that year shall not exceed three million	134104
dollars. The taxpayer may carry forward any balance of the credit	134105
in excess of the amount claimed in that year for not more than	134106
five ensuing years, and shall deduct any amount claimed in any	134107
such year from the amount claimed in an ensuing year. A taxpayer	134108
may claim against the tax imposed by this chapter any unused	134109
portion of the credit authorized under section 5725.151 of the	134110
Revised Code, but only to the extent of the five-year carry	134111
forward period authorized by that section.	134112

(C) A taxpayer claiming a credit under this section shall	134113
retain the rehabilitation tax credit certificate for four years	134114
following the end of the year to which the credit was applied, and	134115
shall make the certificate available for inspection by the tax	134116
commissioner upon the request of the commissioner during that	134117
period.	134118

Sec. 5726.54. (A) Any term used in this section has the same	134119
meaning as in section 5725.33 of the Revised Code.	134120

(B) A taxpayer may claim a nonrefundable credit against the	134121
tax imposed by this chapter for each person included in the annual	134122
report of the taxpayer that holds a qualified equity investment on	134123
a credit allowance date occurring in the calendar year immediately	134124
preceding the tax year for which the tax is due. The credit shall	134125
be computed in the same manner prescribed for the computation of	134126
credits allowed under section 5725.33 of the Revised Code.	134127

By claiming a tax credit under this section, a taxpayer	134128
waives its rights under section 5726.20 of the Revised Code with	134129
respect to the time limitation for the assessment of taxes as it	134130
relates to credits claimed under this section that later become	134131
subject to recapture under division (D) of this section.	134132

A taxpayer may claim against the tax imposed by this chapter	134133
any unused portion of the credits authorized under sections	134134
5725.33 and 5733.58 of the Revised Code, but only to the extent of	134135
the remaining carry forward period authorized by those sections.	134136

The credit shall be claimed in the order prescribed by	134137
section 5726.98 of the Revised Code. If the amount of the credit	134138
exceeds the amount of tax otherwise due after deducting all other	134139
credits preceding the credit in the order prescribed in section	134140
5726.98 of the Revised Code, the excess may be carried forward for	134141
not more than four ensuing tax years.	134142

(C) The total amount of qualified equity investments on the	134143
basis of which credits may be claimed under this section and	134144
sections 5725.33, 5729.16, and 5733.58 of the Revised Code is	134145
subject to the limitation of division (C) of section 5725.33 of	134146
the Revised Code.	134147

(D) If any amount of ~~the~~a federal tax credit allowed for a	134148
qualified equity investment for which a credit was received under	134149
this section is recaptured under section 45D of the Internal	134150
Revenue Code, or if the director of development services	134151
determines that an investment for which a tax credit is claimed	134152
under this section is not a qualified equity investment or that	134153
the proceeds of an investment for which a tax credit is claimed	134154
under this section are used to make qualified low-income community	134155
investments other than in a qualified active low-income community	134156
business, all or a portion of the credit received on account of	134157
that investment shall be paid by the taxpayer that received the	134158
credit to the tax commissioner. The amount to be recovered shall	134159
be determined by the director pursuant to rules adopted under	134160
section 5725.33 of the Revised Code. The director shall certify	134161
any amount due under this division to the tax commissioner, and	134162
the commissioner shall notify the taxpayer of the amount due. The	134163
amount due is payable not later than thirty days after the day the	134164
commissioner issues the notice. The amount due shall be considered	134165
to be tax due under section 5726.02 of the Revised Code, and may	134166
be collected by assessment without regard to the limitations	134167
imposed under section 5726.20 of the Revised Code for the	134168
assessment of taxes by the commissioner. All amounts collected	134169
under this division shall be credited as revenue from the tax	134170
levied under section 5726.02 of the Revised Code.	134171

Sec. 5727.26. (A) The tax commissioner may make an	134172
assessment, based on any information in the commissioner's	134173
possession, against any natural gas company or combined company	134174
that fails to file a return or pay any tax, interest, or	134175
additional charge as required by sections 5727.24 to 5727.29 of	134176
the Revised Code. The commissioner shall give the company assessed	134177
written notice of the assessment as provided in section 5703.37 of	134178
the Revised Code. With the notice, the commissioner shall provide	134179
instructions on how to petition for reassessment and request a	134180
hearing on the petition. A penalty of up to fifteen per cent may	134181
be added to all amounts assessed under this section. The tax	134182
commissioner may adopt rules providing for the imposition and	134183
remission of the penalty.	134184

(B) Unless the company assessed, within sixty days after	134185
service of the notice of assessment, files with the tax	134186
commissioner, either personally or by certified mail, a written	134187
petition signed by the company's authorized agent having knowledge	134188
of the facts, the assessment becomes final, and the amount of the	134189
assessment is due and payable from the company assessed to the	134190
treasurer of state. The petition shall indicate the objections of	134191
the company assessed, but additional objections may be raised in	134192
writing if received by the commissioner prior to the date shown on	134193
the final determination.	134194

If a petition for reassessment has been properly filed, the	134195
commissioner shall proceed under section 5703.60 of the Revised	134196
Code.	134197

(C) After an assessment becomes final, if any portion of the	134198
assessment, including accrued interest, remains unpaid, a	134199
certified copy of the tax commissioner's entry making the	134200
assessment final may be filed in the office of the clerk of the	134201
court of common pleas in the county in which the natural gas	134202
company's or combined company's principal place of business is	134203
located, or in the office of the clerk of court of common pleas of	134204
Franklin county.	134205

Immediately on the filing of the entry, the clerk shall enter	134206
judgment for the state against the company assessed in the amount	134207
shown on the entry. The judgment may be filed by the clerk in a	134208
loose-leaf book entitled, "special judgments for the public	134209
utility excise tax on natural gas and combined companies," and	134210
shall have the same effect as other judgments. Execution shall	134211
issue upon the judgment at the request of the tax commissioner,	134212
and all laws applicable to sales on execution shall apply to sales	134213
made under the judgment.	134214

~~The portion of~~If the assessment is not paid in its entirety	134215
within sixty days after the day the assessment was issued, the	134216
portion of the assessment consisting of tax due shall bear	134217
interest at the rate per annum prescribed by section 5703.47 of	134218
the Revised Code from the day the tax commissioner issues the	134219
assessment until it is paid or until it is certified to the	134220
attorney general for collection under section 131.02 of the	134221
Revised Code, whichever comes first. If the unpaid portion of the	134222
assessment is certified to the attorney general for collection,	134223
the entire unpaid portion of the assessment shall bear interest at	134224
the rate per annum prescribed by section 5703.47 of the Revised	134225
Code from the date of certification until the date it is paid in	134226
its entirety. Interest shall be paid in the same manner as the tax	134227
and may be collected by the issuance of an assessment under this	134228
section.	134229

(D) If the tax commissioner believes that collection of the	134230
tax will be jeopardized unless proceedings to collect or secure	134231
collection of the tax are instituted without delay, the	134232
commissioner may issue a jeopardy assessment against the company	134233
liable for the tax. Immediately upon the issuance of the jeopardy	134234
assessment, the commissioner shall file an entry with the clerk of	134235
the court of common pleas in the manner prescribed by division (C)	134236
of this section. Notice of the jeopardy assessment shall be served	134237
on the company assessed or the company's authorized agent in the	134238
manner provided in section 5703.37 of the Revised Code within five	134239
days of the filing of the entry with the clerk. The total amount	134240
assessed is immediately due and payable, unless the company	134241
assessed files a petition for reassessment in accordance with	134242
division (B) of this section and provides security in a form	134243
satisfactory to the commissioner and in an amount sufficient to	134244
satisfy the unpaid balance of the assessment. Full or partial	134245
payment of the assessment does not prejudice the commissioner's	134246
consideration of the petition for reassessment.	134247

(E) The tax commissioner shall immediately forward to the	134248
treasurer of state all amounts that the tax commissioner receives	134249
under this section, and such amounts shall be considered revenue	134250
arising from the tax imposed by section 5727.24 of the Revised	134251
Code.	134252

(F) No assessment shall be made or issued against a natural	134253
gas company or combined company for the tax imposed by section	134254
5727.24 of the Revised Code more than four years after the return	134255
date for the period in which the tax was reported, or more than	134256
four years after the return for the period was filed, whichever is	134257
later.	134258

Sec. 5727.75. (A) For purposes of this section:

134259

(1) "Qualified energy project" means an energy project	134260
certified by the director of development services pursuant to this	134261
section.	134262

(2) "Energy project" means a project to provide electric	134263
power through the construction, installation, and use of an energy	134264
facility.	134265

(3) "Alternative energy zone" means a county declared as such	134266
by the board of county commissioners under division (E)(1)(b) or	134267
(c) of this section.	134268

(4) "Full-time equivalent employee" means the total number of	134269
employee-hours for which compensation was paid to individuals	134270
employed at a qualified energy project for services performed at	134271
the project during the calendar year divided by two thousand	134272
eighty hours.	134273

(5) "Solar energy project" means an energy project composed	134274
of an energy facility using solar panels to generate electricity.	134275

(B)(1) Tangible personal property of a qualified energy	134276
project using renewable energy resources is exempt from taxation	134277
for tax years 2011~~, 2012, 2013, and 2014~~through 2019 if all of	134278
the following conditions are satisfied:	134279

(a) On or before December 31, ~~2013~~2018, the owner or a	134280
lessee pursuant to a sale and leaseback transaction of the project	134281
submits an application to the power siting board for a certificate	134282
under section 4906.20 of the Revised Code, or if that section does	134283
not apply, submits an application for any approval, consent,	134284
permit, or certificate or satisfies any condition required by a	134285
public agency or political subdivision of this state for the	134286
construction or initial operation of an energy project.	134287

(b) Construction or installation of the energy facility	134288
begins on or after January 1, 2009, and before January 1, ~~2014~~	134289
2019. For the purposes of this division, construction begins on	134290
the earlier of the date of application for a certificate or other	134291
approval or permit described in division (B)(1)(a) of this	134292
section, or the date the contract for the construction or	134293
installation of the energy facility is entered into.	134294

(c) For a qualified energy project with a nameplate capacity	134295
of five megawatts or greater, a board of county commissioners of a	134296
county in which property of the project is located has adopted a	134297
resolution under division (E)(1)(b) or (c) of this section to	134298
approve the application submitted under division (E) of this	134299
section to exempt the property located in that county from	134300
taxation. A board's adoption of a resolution rejecting an	134301
application or its failure to adopt a resolution approving the	134302
application does not affect the tax-exempt status of the qualified	134303
energy project's property that is located in another county.	134304

(2) If tangible personal property of a qualified energy	134305
project using renewable energy resources was exempt from taxation	134306
under this section beginning in any of tax years 2011, 2012, 2013,	134307
or 2014, 2015, 2016, 2017, 2018, or 2019, and the certification	134308
under division (E)(2) of this section has not been revoked, the	134309
tangible personal property of the qualified energy project is	134310
exempt from taxation for tax year ~~2015~~2020 and all ensuing tax	134311
years if the property was placed into service before January 1,	134312
~~2015~~2020, as certified in the construction progress report	134313
required under division (F)(2) of this section. Tangible personal	134314
property that has not been placed into service before that date is	134315
taxable property subject to taxation. An energy project for which	134316
certification has been revoked is ineligible for further exemption	134317
under this section. Revocation does not affect the tax-exempt	134318
status of the project's tangible personal property for the tax	134319
year in which revocation occurs or any prior tax year.	134320

(C) Tangible personal property of a qualified energy project	134321
using clean coal technology, advanced nuclear technology, or	134322
cogeneration technology is exempt from taxation for the first tax	134323
year that the property would be listed for taxation and all	134324
subsequent years if all of the following circumstances are met:	134325

(1) The property was placed into service before January 1,	134326
~~2019~~2024. Tangible personal property that has not been placed	134327
into service before that date is taxable property subject to	134328
taxation.	134329

(2) For such a qualified energy project with a nameplate	134330
capacity of five megawatts or greater, a board of county	134331
commissioners of a county in which property of the qualified	134332
energy project is located has adopted a resolution under division	134333
(E)(1)(b) or (c) of this section to approve the application	134334
submitted under division (E) of this section to exempt the	134335
property located in that county from taxation. A board's adoption	134336
of a resolution rejecting the application or its failure to adopt	134337
a resolution approving the application does not affect the	134338
tax-exempt status of the qualified energy project's property that	134339
is located in another county.	134340

(3) The certification for the qualified energy project issued	134341
under division (E)(2) of this section has not been revoked. An	134342
energy project for which certification has been revoked is	134343
ineligible for exemption under this section. Revocation does not	134344
affect the tax-exempt status of the project's tangible personal	134345
property for the tax year in which revocation occurs or any prior	134346
tax year.	134347

(D) Except as otherwise provided in this section, real	134348
property of a qualified energy project is exempt from taxation for	134349
any tax year for which the tangible personal property of the	134350
qualified energy project is exempted under this section.	134351

(E)(1)(a) A person may apply to the director of development	134352
services for certification of an energy project as a qualified	134353
energy project on or before the following dates:	134354

(i) December 31, ~~2013~~2018, for an energy project using	134355
renewable energy resources;	134356

(ii) December 31, ~~2015~~2020, for an energy project using	134357
clean coal technology, advanced nuclear technology, or	134358
cogeneration technology.	134359

(b) The director shall forward a copy of each application for	134360
certification of an energy project with a nameplate capacity of	134361
five megawatts or greater to the board of county commissioners of	134362
each county in which the project is located and to each taxing	134363
unit with territory located in each of the affected counties. Any	134364
board that receives from the director a copy of an application	134365
submitted under this division shall adopt a resolution approving	134366
or rejecting the application unless it has adopted a resolution	134367
under division (E)(1)(c) of this section. A resolution adopted	134368
under division (E)(1)(b) or (c) of this section may require an	134369
annual service payment to be made in addition to the service	134370
payment required under division (G) of this section. The sum of	134371
the service payment required in the resolution and the service	134372
payment required under division (G) of this section shall not	134373
exceed nine thousand dollars per megawatt of nameplate capacity	134374
located in the county. The resolution shall specify the time and	134375
manner in which the payments required by the resolution shall be	134376
paid to the county treasurer. The county treasurer shall deposit	134377
the payment to the credit of the county's general fund to be used	134378
for any purpose for which money credited to that fund may be used.	134379

The board shall send copies of the resolution by certified	134380
mail to the owner of the facility and the director within thirty	134381
days after receipt of the application, or a longer period of time	134382
if authorized by the director.	134383

(c) A board of county commissioners may adopt a resolution	134384
declaring the county to be an alternative energy zone and	134385
declaring all applications submitted to the director of	134386
development services under this division after the adoption of the	134387
resolution, and prior to its repeal, to be approved by the board.	134388

All tangible personal property and real property of an energy	134389
project with a nameplate capacity of five megawatts or greater is	134390
taxable if it is located in a county in which the board of county	134391
commissioners adopted a resolution rejecting the application	134392
submitted under this division or failed to adopt a resolution	134393
approving the application under division (E)(1)(b) or (c) of this	134394
section.	134395

(2) The director shall certify an energy project if all of	134396
the following circumstances exist:	134397

(a) The application was timely submitted.

134398

(b) For an energy project with a nameplate capacity of five	134399
megawatts or greater, a board of county commissioners of at least	134400
one county in which the project is located has adopted a	134401
resolution approving the application under division (E)(1)(b) or	134402
(c) of this section.	134403

(c) No portion of the project's facility was used to supply	134404
electricity before December 31, 2009.	134405

(3) The director shall deny a certification application if	134406
the director determines the person has failed to comply with any	134407
requirement under this section. The director may revoke a	134408
certification if the director determines the person, or subsequent	134409
owner or lessee pursuant to a sale and leaseback transaction of	134410
the qualified energy project, has failed to comply with any	134411
requirement under this section. Upon certification or revocation,	134412
the director shall notify the person, owner, or lessee, the tax	134413
commissioner, and the county auditor of a county in which the	134414
project is located of the certification or revocation. Notice	134415
shall be provided in a manner convenient to the director.	134416

(F) The owner or a lessee pursuant to a sale and leaseback	134417
transaction of a qualified energy project shall do each of the	134418
following:	134419

(1) Comply with all applicable regulations;

134420

(2) File with the director of development services a	134421
certified construction progress report before the first day of	134422
March of each year during the energy facility's construction or	134423
installation indicating the percentage of the project completed,	134424
and the project's nameplate capacity, as of the preceding	134425
thirty-first day of December. Unless otherwise instructed by the	134426
director of development services, the owner or lessee of an energy	134427
project shall file a report with the director on or before the	134428
first day of March each year after completion of the energy	134429
facility's construction or installation indicating the project's	134430
nameplate capacity as of the preceding thirty-first day of	134431
December. Not later than sixty days after June 17, 2010, the owner	134432
or lessee of an energy project, the construction of which was	134433
completed before June 17, 2010, shall file a certificate	134434
indicating the project's nameplate capacity.	134435

(3) File with the director of development services, in a	134436
manner prescribed by the director, a report of the total number of	134437
full-time equivalent employees, and the total number of full-time	134438
equivalent employees domiciled in Ohio, who are employed in the	134439
construction or installation of the energy facility;	134440

(4) For energy projects with a nameplate capacity of five	134441
megawatts or greater, repair all roads, bridges, and culverts	134442
affected by construction as reasonably required to restore them to	134443
their preconstruction condition, as determined by the county	134444
engineer in consultation with the local jurisdiction responsible	134445
for the roads, bridges, and culverts. In the event that the county	134446
engineer deems any road, bridge, or culvert to be inadequate to	134447
support the construction or decommissioning of the energy	134448
facility, the road, bridge, or culvert shall be rebuilt or	134449
reinforced to the specifications established by the county	134450
engineer prior to the construction or decommissioning of the	134451
facility. The owner or lessee of the facility shall post a bond in	134452
an amount established by the county engineer and to be held by the	134453
board of county commissioners to ensure funding for repairs of	134454
roads, bridges, and culverts affected during the construction. The	134455
bond shall be released by the board not later than one year after	134456
the date the repairs are completed. The energy facility owner or	134457
lessee pursuant to a sale and leaseback transaction shall post a	134458
bond, as may be required by the Ohio power siting board in the	134459
certificate authorizing commencement of construction issued	134460
pursuant to section 4906.10 of the Revised Code, to ensure funding	134461
for repairs to roads, bridges, and culverts resulting from	134462
decommissioning of the facility. The energy facility owner or	134463
lessee and the county engineer may enter into an agreement	134464
regarding specific transportation plans, reinforcements,	134465
modifications, use and repair of roads, financial security to be	134466
provided, and any other relevant issue.	134467

(5) Provide or facilitate training for fire and emergency	134468
responders for response to emergency situations related to the	134469
energy project and, for energy projects with a nameplate capacity	134470
of five megawatts or greater, at the person's expense, equip the	134471
fire and emergency responders with proper equipment as reasonably	134472
required to enable them to respond to such emergency situations;	134473

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	134474
employees employed in the construction or installation of the	134475
energy project to total full-time equivalent employees employed in	134476
the construction or installation of the energy project of not less	134477
than eighty per cent in the case of a solar energy project, and	134478
not less than fifty per cent in the case of any other energy	134479
project. In the case of an energy project for which certification	134480
from the power siting board is required under section 4906.20 of	134481
the Revised Code, the number of full-time equivalent employees	134482
employed in the construction or installation of the energy project	134483
equals the number actually employed or the number projected to be	134484
employed in the certificate application, if such projection is	134485
required under regulations adopted pursuant to section 4906.03 of	134486
the Revised Code, whichever is greater. For all other energy	134487
projects, the number of full-time equivalent employees employed in	134488
the construction or installation of the energy project equals the	134489
number actually employed or the number projected to be employed by	134490
the director of development services, whichever is greater. To	134491
estimate the number of employees to be employed in the	134492
construction or installation of an energy project, the director	134493
shall use a generally accepted job-estimating model in use for	134494
renewable energy projects, including but not limited to the job	134495
and economic development impact model. The director may adjust an	134496
estimate produced by a model to account for variables not	134497
accounted for by the model.	134498

(7) For energy projects with a nameplate capacity in excess	134499
of two megawatts, establish a relationship with a member of the	134500
university system of Ohio as defined in section 3345.011 of the	134501
Revised Code or with a person offering an apprenticeship program	134502
registered with the employment and training administration within	134503
the United States department of labor or with the apprenticeship	134504
council created by section 4139.02 of the Revised Code, to educate	134505
and train individuals for careers in the wind or solar energy	134506
industry. The relationship may include endowments, cooperative	134507
programs, internships, apprenticeships, research and development	134508
projects, and curriculum development.	134509

(8) Offer to sell power or renewable energy credits from the	134510
energy project to electric distribution utilities or electric	134511
service companies subject to renewable energy resource	134512
requirements under section 4928.64 of the Revised Code that have	134513
issued requests for proposal for such power or renewable energy	134514
credits. If no electric distribution utility or electric service	134515
company issues a request for proposal on or before December 31,	134516
2010, or accepts an offer for power or renewable energy credits	134517
within forty-five days after the offer is submitted, power or	134518
renewable energy credits from the energy project may be sold to	134519
other persons. Division (F)(8) of this section does not apply if:	134520

(a) The owner or lessee is a rural electric company or a	134521
municipal power agency as defined in section 3734.058 of the	134522
Revised Code.	134523

(b) The owner or lessee is a person that, before completion	134524
of the energy project, contracted for the sale of power or	134525
renewable energy credits with a rural electric company or a	134526
municipal power agency.	134527

(c) The owner or lessee contracts for the sale of power or	134528
renewable energy credits from the energy project before June 17,	134529
2010.	134530

(9) Make annual service payments as required by division (G)	134531
of this section and as may be required in a resolution adopted by	134532
a board of county commissioners under division (E) of this	134533
section.	134534

(G) The owner or a lessee pursuant to a sale and leaseback	134535
transaction of a qualified energy project shall make annual	134536
service payments in lieu of taxes to the county treasurer on or	134537
before the final dates for payments of taxes on public utility	134538
personal property on the real and public utility personal property	134539
tax list for each tax year for which property of the energy	134540
project is exempt from taxation under this section. The county	134541
treasurer shall allocate the payment on the basis of the project's	134542
physical location. Upon receipt of a payment, or if timely payment	134543
has not been received, the county treasurer shall certify such	134544
receipt or non-receipt to the director of development services and	134545
tax commissioner in a form determined by the director and	134546
commissioner, respectively. Each payment shall be in the following	134547
amount:	134548

(1) In the case of a solar energy project, seven thousand	134549
dollars per megawatt of nameplate capacity located in the county	134550
as of December 31, 2010, for tax year 2011, as of December 31,	134551
2011, for tax year 2012, as of December 31, 2012, for tax year	134552
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	134553
December 31, 2014, for tax year 2015, as of December 31, 2015, for	134554
tax year 2016, as of December 31, 2016, for tax year 2017, as of	134555
December 31, 2017, for tax year 2018, as of December 31, 2018, for	134556
tax year 2019, and as of December 31, 2019, for tax year 2020 and	134557
each tax year thereafter;	134558

(2) In the case of any other energy project using renewable	134559
energy resources, the following:	134560

(a) If the project maintains during the construction or	134561
installation of the energy facility a ratio of Ohio-domiciled	134562
full-time equivalent employees to total full-time equivalent	134563
employees of not less than seventy-five per cent, six thousand	134564
dollars per megawatt of nameplate capacity located in the county	134565
as of the thirty-first day of December of the preceding tax year;	134566

(b) If the project maintains during the construction or	134567
installation of the energy facility a ratio of Ohio-domiciled	134568
full-time equivalent employees to total full-time equivalent	134569
employees of less than seventy-five per cent but not less than	134570
sixty per cent, seven thousand dollars per megawatt of nameplate	134571
capacity located in the county as of the thirty-first day of	134572
December of the preceding tax year;	134573

(c) If the project maintains during the construction or	134574
installation of the energy facility a ratio of Ohio-domiciled	134575
full-time equivalent employees to total full-time equivalent	134576
employees of less than sixty per cent but not less than fifty per	134577
cent, eight thousand dollars per megawatt of nameplate capacity	134578
located in the county as of the thirty-first day of December of	134579
the preceding tax year.	134580

(3) In the case of an energy project using clean coal	134581
technology, advanced nuclear technology, or cogeneration	134582
technology, the following:	134583

(a) If the project maintains during the construction or	134584
installation of the energy facility a ratio of Ohio-domiciled	134585
full-time equivalent employees to total full-time equivalent	134586
employees of not less than seventy-five per cent, six thousand	134587
dollars per megawatt of nameplate capacity located in the county	134588
as of the thirty-first day of December of the preceding tax year;	134589

(b) If the project maintains during the construction or	134590
installation of the energy facility a ratio of Ohio-domiciled	134591
full-time equivalent employees to total full-time equivalent	134592
employees of less than seventy-five per cent but not less than	134593
sixty per cent, seven thousand dollars per megawatt of nameplate	134594
capacity located in the county as of the thirty-first day of	134595
December of the preceding tax year;	134596

(c) If the project maintains during the construction or	134597
installation of the energy facility a ratio of Ohio-domiciled	134598
full-time equivalent employees to total full-time equivalent	134599
employees of less than sixty per cent but not less than fifty per	134600
cent, eight thousand dollars per megawatt of nameplate capacity	134601
located in the county as of the thirty-first day of December of	134602
the preceding tax year.	134603

(H) The director of development services in consultation with	134604
the tax commissioner shall adopt rules pursuant to Chapter 119. of	134605
the Revised Code to implement and enforce this section.	134606

Sec. 5727.84. (A) As used in this section and sections	134607
5727.85, 5727.86, and 5727.87 of the Revised Code:	134608

(1) "School district" means a city, local, or exempted	134609
village school district.	134610

(2) "Joint vocational school district" means a joint	134611
vocational school district created under section 3311.16 of the	134612
Revised Code, and includes a cooperative education school district	134613
created under section 3311.52 or 3311.521 of the Revised Code and	134614
a county school financing district created under section 3311.50	134615
of the Revised Code.	134616

(3) "Local taxing unit" means a subdivision or taxing unit,	134617
as defined in section 5705.01 of the Revised Code, a park district	134618
created under Chapter 1545. of the Revised Code, or a township	134619
park district established under section 511.23 of the Revised	134620
Code, but excludes school districts and joint vocational school	134621
districts.	134622

(4) "State education aid," for a school district, means the	134623
following:	134624

(a) For fiscal years prior to fiscal year 2010, the sum of	134625
state aid amounts computed for the district under former sections	134626
3317.029, 3317.052, and 3317.053 of the Revised Code and the	134627
following provisions, as they existed for the applicable fiscal	134628
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	134629
3317.022; divisions (B), (C), and (D) of section 3317.023;	134630
divisions (G), (L), and (N) of section 3317.024; and sections	134631
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	134632
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	134633
division (C) of section 3310.08; division (C)(2) of section	134634
3310.41; division (C) of section 3314.08; division (D)(2) of	134635
section 3314.091; division (D) of former section 3314.13;	134636
divisions (E), (K), (L), (M), and (N) of section 3317.023;	134637
division (C) of section 3317.20; and sections 3313.979 and	134638
3313.981 of the Revised Code. However, when calculating state	134639
education aid for a school district for fiscal years 2008 and	134640
2009, include the amount computed for the district under Section	134641
269.20.80 of H.B. 119 of the 127th general assembly, as	134642
subsequently amended, instead of division (D) of section 3317.022	134643
of the Revised Code; and include amounts calculated under Section	134644
269.30.80 of H.B. 119 of the 127th general assembly, as	134645
subsequently amended.	134646

(b) For fiscal years 2010 and 2011, the sum of the amounts	134647
computed for the district under former sections 3306.052, 3306.12,	134648
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	134649
of the Revised Code and the following provisions, as they existed	134650
for the applicable fiscal year: division (G) of section 3317.024;	134651
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	134652
Code; and the adjustments required by division (C) of section	134653
3310.08; division (C)(2) of section 3310.41; division (C) of	134654
section 3314.08; division (D)(2) of section 3314.091; division (D)	134655
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	134656
of section 3317.023; division (C) of section 3317.20; and sections	134657
3313.979, 3313.981, and 3326.33 of the Revised Code.	134658

(c) For fiscal years 2012 and 2013, the amount paid in	134659
accordance with the section of H.B. 153 of the 129th general	134660
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	134661
SCHOOL DISTRICTS" and the adjustments required by division (C) of	134662
section 3310.08; division (C)(2) of section 3310.41; section	134663
3310.55; division (C) of section 3314.08; division (D)(2) of	134664
section 3314.091; division (D) of former section 3314.13;	134665
divisions (B), (H), (I), (J), and (K) of section 3317.023;	134666
division (C) of section 3317.20; and sections 3313.979 and	134667
3313.981 of the Revised Code;	134668

(d) For fiscal year 2014 and each fiscal year thereafter, the	134669
sum of amounts computed for and paid to the district under section	134670
3317.022 of the Revised Code; and the adjustments required by	134671
division (C) of section 3310.08, division (C)(2) of section	134672
3310.41, section 3310.55, division (C) of section 3314.08,	134673
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	134674
(K) of section 3317.023, and sections 3313.978, 3313.981,	134675
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	134676
However, for fiscal years 2014 and 2015, the amount computed for	134677
the district under the section of this act entitled "TRANSITIONAL	134678
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	134679
shall be included.	134680

(5) "State education aid," for a joint vocational school	134681
district, means the following:	134682

(a) For fiscal years prior to fiscal year 2010, the sum of	134683
the state aid amounts computed for the district under division (N)	134684
of section 3317.024 and section 3317.16 of the Revised Code.	134685
However, when calculating state education aid for a joint	134686
vocational school district for fiscal years 2008 and 2009, include	134687
the amount computed for the district under Section 269.30.90 of	134688
H.B. 119 of the 127th general assembly, as subsequently amended.	134689

(b) For fiscal years 2010 and 2011, the amount computed for	134690
the district in accordance with the section of H.B. 1 of the 128th	134691
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	134692
DISTRICTS"."	134693

(c) For fiscal years 2012 and 2013, the amount paid in	134694
accordance with the section of H.B. 153 of the 129th general	134695
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	134696

(d) For fiscal year 2014 and each fiscal year thereafter, the	134697
amount computed for the district under section 3317.16 of the	134698
Revised Code; except that, for fiscal years 2014 and 2015, the	134699
amount computed for the district under the section of this act	134700
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	134701
shall be included.	134702

(6) "State education aid offset" means the amount determined	134703
for each school district or joint vocational school district under	134704
division (A)(1) of section 5727.85 of the Revised Code.	134705

(7) "Recognized valuation" ~~has the same meaning as in~~means	134706
the amount computed for a school district pursuant to section	134707
~~3317.02~~3317.015 of the Revised Code.	134708

(8) "Electric company tax value loss" means the amount	134709
determined under division (D) of this section.	134710

(9) "Natural gas company tax value loss" means the amount	134711
determined under division (E) of this section.	134712

(10) "Tax value loss" means the sum of the electric company	134713
tax value loss and the natural gas company tax value loss.	134714

(11) "Fixed-rate levy" means any tax levied on property other	134715
than a fixed-sum levy.	134716

(12) "Fixed-rate levy loss" means the amount determined under	134717
division (G) of this section.	134718

(13) "Fixed-sum levy" means a tax levied on property at	134719
whatever rate is required to produce a specified amount of tax	134720
money or levied in excess of the ten-mill limitation to pay debt	134721
charges, and includes school district emergency levies charged and	134722
payable pursuant to section 5705.194 of the Revised Code.	134723

(14) "Fixed-sum levy loss" means the amount determined under	134724
division (H) of this section.	134725

(15) "Consumer price index" means the consumer price index	134726
(all items, all urban consumers) prepared by the bureau of labor	134727
statistics of the United States department of labor.	134728

(16) "Total resources" and "total library resources" have the	134729
same meanings as in section 5751.20 of the Revised Code.	134730

(17) "2011 current expense S.B. 3 allocation" means the sum	134731
of payments received by a school district or joint vocational	134732
school district in fiscal year 2011 for current expense levy	134733
losses pursuant to division (C)(2) of section 5727.85 of the	134734
Revised Code. If a fixed-rate levy eligible for reimbursement is	134735
not charged and payable in any year after tax year 2010, "2011	134736
current expense S.B. 3 allocation" used to compute payments to be	134737
made under division (C)(3) of section 5727.85 of the Revised Code	134738
in the tax years following the last year the levy is charged and	134739
payable shall be reduced to the extent that those payments are	134740
attributable to the fixed-rate levy loss of that levy.	134741

(18) "2010 current expense S.B. 3 allocation" means the sum	134742
of payments received by a municipal corporation in calendar year	134743
2010 for current expense levy losses pursuant to division (A)(1)	134744
of section 5727.86 of the Revised Code, excluding any such	134745
payments received for current expense levy losses attributable to	134746
a tax levied under section 5705.23 of the Revised Code. If a	134747
fixed-rate levy eligible for reimbursement is not charged and	134748
payable in any year after tax year 2010, "2010 current expense	134749
S.B. 3 allocation" used to compute payments to be made under	134750
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	134751
in the tax years following the last year the levy is charged and	134752
payable shall be reduced to the extent that those payments are	134753
attributable to the fixed-rate levy loss of that levy.	134754

(19) "2010 S.B. 3 allocation" means the sum of payments	134755
received by a local taxing unit during calendar year 2010 pursuant	134756
to division (A)(1) of section 5727.86 of the Revised Code,	134757
excluding any such payments received for fixed-rate levy losses	134758
attributable to a tax levied under section 5705.23 of the Revised	134759
Code. If a fixed-rate levy eligible for reimbursement is not	134760
charged and payable in any year after tax year 2010, "2010 S.B. 3	134761
allocation" used to compute payments to be made under division	134762
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	134763
years following the last year the levy is charged and payable	134764
shall be reduced to the extent that those payments are	134765
attributable to the fixed-rate levy loss of that levy.	134766

(20) "Total S.B. 3 allocation" means, in the case of a school	134767
district or joint vocational school district, the sum of the	134768
payments received in fiscal year 2011 pursuant to divisions (C)(2)	134769
and (D) of section 5727.85 of the Revised Code. In the case of a	134770
local taxing unit, "total S.B. 3 allocation" means the sum of	134771
payments received by the unit in calendar year 2010 pursuant to	134772
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	134773
excluding any such payments received for fixed-rate levy losses	134774
attributable to a tax levied under section 5705.23 of the Revised	134775
Code. If a fixed-rate levy eligible for reimbursement is not	134776
charged and payable in any year after tax year 2010, "total S.B. 3	134777
allocation" used to compute payments to be made under division	134778
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	134779
5727.86 of the Revised Code in the tax years following the last	134780
year the levy is charged and payable shall be reduced to the	134781
extent that those payments are attributable to the fixed-rate levy	134782
loss of that levy as would be computed under division (C)(2) of	134783
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	134784
Revised Code.	134785

(21) "2011 non-current expense S.B. 3 allocation" means the	134786
difference of a school district's or joint vocational school	134787
district's total S.B. 3 allocation minus the sum of the school	134788
district's 2011 current expense S.B. 3 allocation and the portion	134789
of the school district's total S.B. 3 allocation constituting	134790
reimbursement for debt levies pursuant to division (D) of section	134791
5727.85 of the Revised Code.	134792

(22) "2010 non-current expense S.B. 3 allocation" means the	134793
difference of a municipal corporation's total S.B. 3 allocation	134794
minus the sum of its 2010 current expense S.B. 3 allocation and	134795
the portion of its total S.B. 3 allocation constituting	134796
reimbursement for debt levies pursuant to division (A)(4) of	134797
section 5727.86 of the Revised Code.	134798

(23) "S.B. 3 allocation for library purposes" means, in the	134799
case of a county, municipal corporation, school district, or	134800
township public library that receives the proceeds of a tax levied	134801
under section 5705.23 of the Revised Code, the sum of the payments	134802
received by the public library in calendar year 2010 pursuant to	134803
section 5727.86 of the Revised Code for fixed-rate levy losses	134804
attributable to a tax levied under section 5705.23 of the Revised	134805
Code. If a fixed-rate levy authorized under section 5705.23 of the	134806
Revised Code that is eligible for reimbursement is not charged and	134807
payable in any year after tax year 2010, "S.B. 3 allocation for	134808
library purposes" used to compute payments to be made under	134809
division (A)(1)(f) of section 5727.86 of the Revised Code in the	134810
tax years following the last year the levy is charged and payable	134811
shall be reduced to the extent that those payments are	134812
attributable to the fixed-rate levy loss of that levy as would be	134813
computed under division (A)(1)(b) of section 5727.86 of the	134814
Revised Code.	134815

(24) "Threshold per cent" means, in the case of a school	134816
district or joint vocational school district, two per cent for	134817
fiscal year 2012 and four per cent for fiscal years 2013 and	134818
thereafter. In the case of a local taxing unit or public library	134819
that receives the proceeds of a tax levied under section 5705.23	134820
of the Revised Code, "threshold per cent" means two per cent for	134821
calendar year 2011, four per cent for calendar year 2012, and six	134822
per cent for calendar years 2013 and thereafter.	134823

(B) The kilowatt-hour tax receipts fund is hereby created in	134824
the state treasury and shall consist of money arising from the tax	134825
imposed by section 5727.81 of the Revised Code. All money in the	134826
kilowatt-hour tax receipts fund shall be credited as follows:	134827

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	134828
2001-2011	63.0%	25.4%	11.6%	134829
2012 and thereafter	88.0%	9.0%	3.0%	134830

(C) The natural gas tax receipts fund is hereby created in	134831
the state treasury and shall consist of money arising from the tax	134832
imposed by section 5727.811 of the Revised Code. All money in the	134833
fund shall be credited as follows:	134834

(1) For fiscal years before fiscal year 2012:

134835

(a) Sixty-eight and seven-tenths per cent shall be credited	134836
to the school district property tax replacement fund for the	134837
purpose of making the payments described in section 5727.85 of the	134838
Revised Code.	134839

(b) Thirty-one and three-tenths per cent shall be credited to	134840
the local government property tax replacement fund for the purpose	134841
of making the payments described in section 5727.86 of the Revised	134842
Code.	134843

(2) For fiscal years 2012 and thereafter, one hundred per	134844
cent to the general revenue fund.	134845

(D) Not later than January 1, 2002, the tax commissioner	134846
shall determine for each taxing district its electric company tax	134847
value loss, which is the sum of the applicable amounts described	134848
in divisions (D)(1) to (4) of this section:	134849

(1) The difference obtained by subtracting the amount	134850
described in division (D)(1)(b) from the amount described in	134851
division (D)(1)(a) of this section.	134852

(a) The value of electric company and rural electric company	134853
tangible personal property as assessed by the tax commissioner for	134854
tax year 1998 on a preliminary assessment, or an amended	134855
preliminary assessment if issued prior to March 1, 1999, and as	134856
apportioned to the taxing district for tax year 1998;	134857

(b) The value of electric company and rural electric company	134858
tangible personal property as assessed by the tax commissioner for	134859
tax year 1998 had the property been apportioned to the taxing	134860
district for tax year 2001, and assessed at the rates in effect	134861
for tax year 2001.	134862

(2) The difference obtained by subtracting the amount	134863
described in division (D)(2)(b) from the amount described in	134864
division (D)(2)(a) of this section.	134865

(a) The three-year average for tax years 1996, 1997, and 1998	134866
of the assessed value from nuclear fuel materials and assemblies	134867
assessed against a person under Chapter 5711. of the Revised Code	134868
from the leasing of them to an electric company for those	134869
respective tax years, as reflected in the preliminary assessments;	134870

(b) The three-year average assessed value from nuclear fuel	134871
materials and assemblies assessed under division (D)(2)(a) of this	134872
section for tax years 1996, 1997, and 1998, as reflected in the	134873
preliminary assessments, using an assessment rate of twenty-five	134874
per cent.	134875

(3) In the case of a taxing district having a nuclear power	134876
plant within its territory, any amount, resulting in an electric	134877
company tax value loss, obtained by subtracting the amount	134878
described in division (D)(1) of this section from the difference	134879
obtained by subtracting the amount described in division (D)(3)(b)	134880
of this section from the amount described in division (D)(3)(a) of	134881
this section.	134882

(a) The value of electric company tangible personal property	134883
as assessed by the tax commissioner for tax year 2000 on a	134884
preliminary assessment, or an amended preliminary assessment if	134885
issued prior to March 1, 2001, and as apportioned to the taxing	134886
district for tax year 2000;	134887

(b) The value of electric company tangible personal property	134888
as assessed by the tax commissioner for tax year 2001 on a	134889
preliminary assessment, or an amended preliminary assessment if	134890
issued prior to March 1, 2002, and as apportioned to the taxing	134891
district for tax year 2001.	134892

(4) In the case of a taxing district having a nuclear power	134893
plant within its territory, the difference obtained by subtracting	134894
the amount described in division (D)(4)(b) of this section from	134895
the amount described in division (D)(4)(a) of this section,	134896
provided that such difference is greater than ten per cent of the	134897
amount described in division (D)(4)(a) of this section.	134898

(a) The value of electric company tangible personal property	134899
as assessed by the tax commissioner for tax year 2005 on a	134900
preliminary assessment, or an amended preliminary assessment if	134901
issued prior to March 1, 2006, and as apportioned to the taxing	134902
district for tax year 2005;	134903

(b) The value of electric company tangible personal property	134904
as assessed by the tax commissioner for tax year 2006 on a	134905
preliminary assessment, or an amended preliminary assessment if	134906
issued prior to March 1, 2007, and as apportioned to the taxing	134907
district for tax year 2006.	134908

(E) Not later than January 1, 2002, the tax commissioner	134909
shall determine for each taxing district its natural gas company	134910
tax value loss, which is the sum of the amounts described in	134911
divisions (E)(1) and (2) of this section:	134912

(1) The difference obtained by subtracting the amount	134913
described in division (E)(1)(b) from the amount described in	134914
division (E)(1)(a) of this section.	134915

(a) The value of all natural gas company tangible personal	134916
property, other than property described in division (E)(2) of this	134917
section, as assessed by the tax commissioner for tax year 1999 on	134918
a preliminary assessment, or an amended preliminary assessment if	134919
issued prior to March 1, 2000, and apportioned to the taxing	134920
district for tax year 1999;	134921

(b) The value of all natural gas company tangible personal	134922
property, other than property described in division (E)(2) of this	134923
section, as assessed by the tax commissioner for tax year 1999 had	134924
the property been apportioned to the taxing district for tax year	134925
2001, and assessed at the rates in effect for tax year 2001.	134926

(2) The difference in the value of current gas obtained by	134927
subtracting the amount described in division (E)(2)(b) from the	134928
amount described in division (E)(2)(a) of this section.	134929

(a) The three-year average assessed value of current gas as	134930
assessed by the tax commissioner for tax years 1997, 1998, and	134931
1999 on a preliminary assessment, or an amended preliminary	134932
assessment if issued prior to March 1, 2001, and as apportioned in	134933
the taxing district for those respective years;	134934

(b) The three-year average assessed value from current gas	134935
under division (E)(2)(a) of this section for tax years 1997, 1998,	134936
and 1999, as reflected in the preliminary assessment, using an	134937
assessment rate of twenty-five per cent.	134938

(F) The tax commissioner may request that natural gas	134939
companies, electric companies, and rural electric companies file a	134940
report to help determine the tax value loss under divisions (D)	134941
and (E) of this section. The report shall be filed within thirty	134942
days of the commissioner's request. A company that fails to file	134943
the report or does not timely file the report is subject to the	134944
penalty in section 5727.60 of the Revised Code.	134945

(G) Not later than January 1, 2002, the tax commissioner	134946
shall determine for each school district, joint vocational school	134947
district, and local taxing unit its fixed-rate levy loss, which is	134948
the sum of its electric company tax value loss multiplied by the	134949
tax rate in effect in tax year 1998 for fixed-rate levies and its	134950
natural gas company tax value loss multiplied by the tax rate in	134951
effect in tax year 1999 for fixed-rate levies.	134952

(H) Not later than January 1, 2002, the tax commissioner	134953
shall determine for each school district, joint vocational school	134954
district, and local taxing unit its fixed-sum levy loss, which is	134955
the amount obtained by subtracting the amount described in	134956
division (H)(2) of this section from the amount described in	134957
division (H)(1) of this section:	134958

(1) The sum of the electric company tax value loss multiplied	134959
by the tax rate in effect in tax year 1998, and the natural gas	134960
company tax value loss multiplied by the tax rate in effect in tax	134961
year 1999, for fixed-sum levies for all taxing districts within	134962
each school district, joint vocational school district, and local	134963
taxing unit. For the years 2002 through 2006, this computation	134964
shall include school district emergency levies that existed in	134965
1998 in the case of the electric company tax value loss, and 1999	134966
in the case of the natural gas company tax value loss, and all	134967
other fixed-sum levies that existed in 1998 in the case of the	134968
electric company tax value loss and 1999 in the case of the	134969
natural gas company tax value loss and continue to be charged in	134970
the tax year preceding the distribution year. For the years 2007	134971
through 2016 in the case of school district emergency levies, and	134972
for all years after 2006 in the case of all other fixed-sum	134973
levies, this computation shall exclude all fixed-sum levies that	134974
existed in 1998 in the case of the electric company tax value loss	134975
and 1999 in the case of the natural gas company tax value loss,	134976
but are no longer in effect in the tax year preceding the	134977
distribution year. For the purposes of this section, an emergency	134978
levy that existed in 1998 in the case of the electric company tax	134979
value loss, and 1999 in the case of the natural gas company tax	134980
value loss, continues to exist in a year beginning on or after	134981
January 1, 2007, but before January 1, 2017, if, in that year, the	134982
board of education levies a school district emergency levy for an	134983
annual sum at least equal to the annual sum levied by the board in	134984
tax year 1998 or 1999, respectively, less the amount of the	134985
payment certified under this division for 2002.	134986

(2) The total taxable value in tax year 1999 less the tax	134987
value loss in each school district, joint vocational school	134988
district, and local taxing unit multiplied by one-fourth of one	134989
mill.	134990

If the amount computed under division (H) of this section for	134991
any school district, joint vocational school district, or local	134992
taxing unit is greater than zero, that amount shall equal the	134993
fixed-sum levy loss reimbursed pursuant to division (F) of section	134994
5727.85 of the Revised Code or division (A)(2) of section 5727.86	134995
of the Revised Code, and the one-fourth of one mill that is	134996
subtracted under division (H)(2) of this section shall be	134997
apportioned among all contributing fixed-sum levies in the	134998
proportion of each levy to the sum of all fixed-sum levies within	134999
each school district, joint vocational school district, or local	135000
taxing unit.	135001

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	135002
section, in computing the tax value loss, fixed-rate levy loss,	135003
and fixed-sum levy loss, the tax commissioner shall use the	135004
greater of the 1998 tax rate or the 1999 tax rate in the case of	135005
levy losses associated with the electric company tax value loss,	135006
but the 1999 tax rate shall not include for this purpose any tax	135007
levy approved by the voters after June 30, 1999, and the tax	135008
commissioner shall use the greater of the 1999 or the 2000 tax	135009
rate in the case of levy losses associated with the natural gas	135010
company tax value loss.	135011

(J) Not later than January 1, 2002, the tax commissioner	135012
shall certify to the department of education the tax value loss	135013
determined under divisions (D) and (E) of this section for each	135014
taxing district, the fixed-rate levy loss calculated under	135015
division (G) of this section, and the fixed-sum levy loss	135016
calculated under division (H) of this section. The calculations	135017
under divisions (G) and (H) of this section shall separately	135018
display the levy loss for each levy eligible for reimbursement.	135019

(K) Not later than September 1, 2001, the tax commissioner	135020
shall certify the amount of the fixed-sum levy loss to the county	135021
auditor of each county in which a school district with a fixed-sum	135022
levy loss has territory.	135023

Sec. 5727.89. (A) The tax commissioner may make an	135024
assessment, based on any information in the commissioner's	135025
possession, against any natural gas distribution company, electric	135026
distribution company, self-assessing purchaser, or qualified end	135027
user that fails to file a return or pay any tax, interest, or	135028
additional charge as required by sections 5727.80 to 5727.95 of	135029
the Revised Code.	135030

When information in the possession of the tax commissioner	135031
indicates that a person liable for the tax imposed by section	135032
5727.81 or 5727.811 of the Revised Code has not paid the full	135033
amount of tax due, the commissioner may audit a representative	135034
sample of the person's business and may issue an assessment based	135035
on the audit. The commissioner shall give the person assessed	135036
written notice of the assessment in the manner provided in section	135037
5703.37 of the Revised Code. With the notice, the commissioner	135038
shall provide instructions on how to petition for reassessment and	135039
request a hearing on the petition.	135040

The tax commissioner may issue an assessment for which the	135041
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	135042
due and unpaid on the date the person was informed by an agent of	135043
the tax commissioner of an investigation or audit of the person.	135044
Any payment of the tax for the period covered by the assessment,	135045
after the person is so informed, shall be credited against the	135046
assessment.	135047

A penalty of up to fifteen per cent may be added to all	135048
amounts assessed under this section. The commissioner may adopt	135049
rules providing for the imposition and remission of penalties.	135050

(B) Unless the party assessed files with the tax commissioner	135051
within sixty days after service of the notice of assessment,	135052
either personally or by certified mail, a written petition for	135053
reassessment signed by the party assessed or that party's	135054
authorized agent having knowledge of the facts, the assessment	135055
becomes final and the amount of the assessment is due and payable	135056
from the party assessed to the treasurer of state. The petition	135057
shall indicate the objections of the party assessed, but	135058
additional objections may be raised in writing if received by the	135059
commissioner prior to the date shown on the final determination.	135060
If the petition has been properly filed, the commissioner shall	135061
proceed under section 5703.60 of the Revised Code.	135062

(C) After an assessment becomes final, if any portion of the	135063
assessment, including accrued interest, remains unpaid, a	135064
certified copy of the tax commissioner's entry making the	135065
assessment final may be filed in the office of the clerk of the	135066
court of common pleas in the county in which the party assessed	135067
resides or in which the party's business is conducted. If the	135068
party assessed maintains no place of business in this state and is	135069
not a resident of this state, the certified copy of the entry may	135070
be filed in the office of the clerk of the court of common pleas	135071
of Franklin county.	135072

Immediately upon the filing of the entry, the clerk shall	135073
enter a judgment for the state against the person assessed in the	135074
amount shown on the entry. The judgment may be filed by the clerk	135075
in a loose-leaf book entitled "special judgments for the	135076
distribution excise taxes," and shall have the same effect as	135077
other judgments. Execution shall issue upon the judgment at the	135078
request of the tax commissioner, and all laws applicable to sales	135079
on execution shall apply to sales made under the judgment.	135080

~~The portion of~~If the assessment is not paid in its entirety	135081
within sixty days after the day the assessment was issued, the	135082
portion of the assessment consisting of tax due shall bear	135083
interest at the rate per annum prescribed by section 5703.47 of	135084
the Revised Code from the day the tax commissioner issues the	135085
assessment until the day the assessment is paid or until it is	135086
certified to the attorney general for collection under section	135087
131.02 of the Revised Code, whichever comes first. If the unpaid	135088
portion of the assessment is certified to the attorney general for	135089
collection, the entire unpaid portion of the assessment shall bear	135090
interest at the rate per annum prescribed by section 5703.47 of	135091
the Revised Code from the date of certification until the date it	135092
is paid in its entirety. Interest shall be paid in the same manner	135093
as the tax and may be collected by the issuance of an assessment	135094
under this section.	135095

(D) If the tax commissioner believes that collection of the	135096
tax imposed by section 5727.81 or 5727.811 of the Revised Code	135097
will be jeopardized unless proceedings to collect or secure	135098
collection of the tax are instituted without delay, the	135099
commissioner may issue a jeopardy assessment against the person	135100
liable for the tax. Immediately upon the issuance of the jeopardy	135101
assessment, the commissioner shall file an entry with the clerk of	135102
the court of common pleas in the manner prescribed by division (C)	135103
of this section. Notice of the jeopardy assessment shall be served	135104
on the party assessed or the party's legal representative within	135105
five days of the filing of the entry with the clerk. The total	135106
amount assessed is immediately due and payable, unless the party	135107
assessed files a petition for reassessment in accordance with	135108
division (B) of this section and provides security in a form	135109
satisfactory to the commissioner and in an amount sufficient to	135110
satisfy the unpaid balance of the assessment. Full or partial	135111
payment of the assessment does not prejudice the commissioner's	135112
consideration of the petition for reassessment.	135113

(E) All money collected by the tax commissioner under this	135114
section shall be paid to the treasurer of state, and when paid	135115
shall be considered as revenue arising from the taxes imposed by	135116
sections 5727.81 and 5727.811 of the Revised Code.	135117

Sec. 5728.10. (A) If any person required to file a fuel use	135118
tax return by sections 5728.01 to 5728.14 of the Revised Code,	135119
fails to file the return within the time prescribed by those	135120
sections, files an incomplete return, files an incorrect return,	135121
or fails to remit the full amount of the tax due for the period	135122
covered by the return, the tax commissioner may make an assessment	135123
against the person, based upon any information in the	135124
commissioner's possession, for the period for which the tax was	135125
due.	135126

No assessment shall be made against any person for any tax	135127
imposed by this chapter more than four years after the return date	135128
for the period for which the tax was due or more than four years	135129
after the return for the period was filed, whichever is later.	135130
This section does not bar an assessment against any person who	135131
fails to file a fuel use tax return as required by this chapter,	135132
or who files a fraudulent fuel use tax return.	135133

A penalty of up to fifteen per cent may be added to the	135134
amount of every assessment made pursuant to this section. The	135135
commissioner may adopt rules providing for the imposition and	135136
remission of penalties added to assessments made under this	135137
section.	135138

The commissioner shall give the party assessed written notice	135139
of the assessment in the manner provided in section 5703.37 of the	135140
Revised Code. With the notice, the commissioner shall provide	135141
instructions on how to petition for reassessment and request a	135142
hearing on the petition.	135143

(B) Unless the party assessed files with the tax commissioner	135144
within sixty days after service of the notice of assessment,	135145
either personally or by certified mail, a written petition for	135146
reassessment, signed by the party assessed, or by the party's	135147
authorized agent having knowledge of the facts, the assessment	135148
becomes final and the amount of the assessment is due and payable	135149
from the party assessed to the treasurer of state. The petition	135150
shall indicate the objections of the party assessed, but	135151
additional objections may be raised in writing if received by the	135152
commissioner prior to the date shown on the final determination.	135153
If the petition has been properly filed, the commissioner shall	135154
proceed under section 5703.60 of the Revised Code.	135155

(C) After an assessment becomes final, if any portion of the	135156
assessment remains unpaid, including accrued interest, a certified	135157
copy of the tax commissioner's entry making the assessment final	135158
may be filed in the office of the clerk of the court of common	135159
pleas in the county in which the party's place of business is	135160
located or the county in which the party assessed resides. If the	135161
party maintains no office in this state and is not a resident of	135162
this state, the certified copy of the entry may be filed in the	135163
office of the clerk of the court of common pleas of Franklin	135164
county.	135165

Immediately upon the filing of the entry, the clerk shall	135166
enter a judgment for the state of Ohio against the party assessed	135167
in the amount shown on the entry. The judgment may be filed by the	135168
clerk in a loose-leaf book entitled "special judgments for state	135169
fuel use tax," and shall have the same effect as other judgments.	135170
Execution shall issue upon the judgment upon the request of the	135171
commissioner, and all laws applicable to sales on execution shall	135172
apply to sales made under the judgment.	135173

~~The portion of~~If the assessment is not paid within sixty	135174
days after the day the assessment was issued, the portion of the	135175
assessment consisting of tax due shall bear interest at the rate	135176
per annum prescribed by section 5703.47 of the Revised Code from	135177
the day the commissioner issues the assessment until it is paid or	135178
until it is certified to the attorney general for collection under	135179
section 131.02 of the Revised Code, whichever comes first. If the	135180
unpaid portion of the assessment is certified to the attorney	135181
general for collection, the entire unpaid portion of the	135182
assessment shall bear interest at the rate per annum prescribed by	135183
section 5703.47 of the Revised Code from the date of certification	135184
until the date it is paid in its entirety. Interest shall be paid	135185
in the same manner as the tax and may be collected by the issuance	135186
of an assessment under this section.	135187

(D) All money collected by the tax commissioner under this	135188
section shall be paid into the state treasury in the same manner	135189
as the revenues deriving from the taxes imposed by section 5728.06	135190
of the Revised Code.	135191

Sec. 5729.03. (A) If the superintendent of insurance finds	135192
the annual statement required by section 5729.02 of the Revised	135193
Code to be correct, the superintendent shall compute the following	135194
amount, as applicable, of the balance of such gross amount, after	135195
deducting such return premiums and considerations received for	135196
reinsurance, and charge such amount to such company as a tax upon	135197
the business done by it in this state for the period covered by	135198
such annual statement:	135199

(1) If the company is a health insuring corporation, one per	135200
cent of the balance of premium rate payments received, exclusive	135201
of payments received under the medicare program ~~established under~~	135202
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	135203
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	135204
pursuant to the ~~medical assistance~~medicaid program ~~established~~	135205
~~under Chapter 5111. of the Revised Code~~ for the period ending	135206
September 30, 2009, as reflected in its annual report;	135207

(2) If the company is not a health insuring corporation, one	135208
and four-tenths per cent of the balance of premiums received,	135209
exclusive of premiums received under the medicare program	135210
~~established under Title XVIII of the "Social Security Act," 49~~	135211
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	135212
payments received pursuant to the ~~medical assistance~~medicaid	135213
program ~~established under Chapter 5111. of the Revised Code~~ for	135214
the period ending September 30, 2009, as reflected in its annual	135215
statement, and, if the company operates a health insuring	135216
corporation as a line of business, one per cent of the balance of	135217
premium rate payments received from that line of business,	135218
exclusive of payments received under the medicare program	135219
~~established under Title XVIII of the "Social Security Act," 49~~	135220
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	135221
payments received pursuant to the ~~medical assistance~~medicaid	135222
program ~~established under Chapter 5111. of the Revised Code~~ for	135223
the period ending September 30, 2009, as reflected in its annual	135224
statement.	135225

Each foreign insurance company, including health insuring	135226
corporations, receiving payments pursuant to the ~~medical~~	135227
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	135228
~~Revised Code~~ during the period beginning October 1, 2009, and	135229
ending December 31, 2009, shall file with the 2009 annual	135230
statement to the superintendent a schedule that reflects those	135231
payments received pursuant to the ~~medical assistance~~medicaid	135232
program for that period. The payments reflected in the schedule,	135233
plus all other taxable premiums, are subject to the annual	135234
franchise tax due to be paid in 2010.	135235

(B) Any insurance policies that were not issued in violation	135236
of Title XXXIX of the Revised Code and that were issued prior to	135237
April 15, 1967, by a life insurance company organized and operated	135238
without profit to any private shareholder or individual,	135239
exclusively for the purpose of aiding educational or scientific	135240
institutions organized and operated without profit to any private	135241
shareholder or individual, are not subject to the tax imposed by	135242
this section. All taxes collected pursuant to this section shall	135243
be credited to the general revenue fund.	135244

(C) In no case shall the tax imposed under this section be	135245
less than two hundred fifty dollars.	135246

Sec. 5729.04. To compute franchise taxes on gross premiums	135247
to be paid under any law of this state by any mutual insurance	135248
company authorized to do business under the laws of this state, or	135249
by any stock insurance company so authorized, doing business on	135250
the plan of distributing back to its policyholders at the end of	135251
the policy year refunds of a portion of the premium collected, the	135252
amount of premium deposits received by the company upon any risk	135253
written pursuant to section 3925.34 or division (A)(1), (2), or	135254
(7), or (14) of section 3929.01 of the Revised Code, within this	135255
state in excess of the net cost of insurance to the insured shall	135256
not be included where the excess deposit is returned ratably by	135257
the company to its policyholders; but the amount of gross or	135258
aggregate premiums received by the company is deemed the balance	135259
remaining after deducting from the gross amount of premium	135260
deposits received or collected by it on risks in this state during	135261
the preceding calendar year that portion of gross premium deposits	135262
returned by it to policyholders during the preceding calendar	135263
year, upon the cancellation or expiration of risks upon property	135264
situated within this state. In addition to the matters of return	135265
required to be made by insurance companies for the purpose of	135266
computing taxes, any company shall also return for such purpose in	135267
its annual statement:	135268

(A) The gross amount of premium deposits received or	135269
collected by it on risks in this state during the preceding	135270
calendar year;	135271

(B) The total amount of gross premium deposits returned to	135272
policyholders during such preceding calendar year upon	135273
cancellation and upon expiration of risks upon property situated	135274
within this state.	135275

Where insurance against fire is included with insurance	135276
against other perils at an undivided premium, a reasonable	135277
allocation from the entire premium shall be made for the fire	135278
portion of the coverage in such manner as the superintendent of	135279
insurance may direct.	135280

Sec. 5729.16. (A) Terms used in this section have the same	135281
meaning as in section 5725.33 of the Revised Code.	135282

(B) There is hereby allowed a nonrefundable credit against	135283
the tax imposed by section 5729.03 of the Revised Code for a	135284
foreign insurance company holding a qualified equity investment on	135285
the credit allowance date occurring in the calendar year for which	135286
the tax is due. The credit shall be computed in the same manner	135287
prescribed for the computation of credits allowed under section	135288
5725.33 of the Revised Code.	135289

The credit shall be claimed in the order prescribed by	135290
section 5729.98 of the Revised Code. If the amount of the credit	135291
exceeds the amount of tax otherwise due after deducting all other	135292
credits in that order, the excess may be carried forward and	135293
applied to the tax due for not more than four ensuing years.	135294

By claiming a tax credit under this section, an insurance	135295
company waives its rights under section 5729.102 of the Revised	135296
Code with respect to the time limitation for the assessment of	135297
taxes as it relates to credits claimed that later become subject	135298
to recapture under division (D) of this section.	135299

(C) The total amount of qualified equity investments on the	135300
basis of which credits may be claimed under this section, section	135301
5725.33, and section 5733.58 of the Revised Code is subject to the	135302
limitation of division (C) of section 5725.33 of the Revised Code.	135303

(D) If any amount of ~~the~~a federal tax credit allowed for a	135304
qualified equity investment for which a credit was received under	135305
this section is recaptured under section 45D of the Internal	135306
Revenue Code, or if the director of development services	135307
determines that an investment for which a tax credit is claimed	135308
under this section is not a qualified equity investment or that	135309
the proceeds of an investment for which a tax credit is claimed	135310
under this section are used to make qualified low-income community	135311
investments other than in a qualified active low-income community	135312
business, all or a portion of the credit received on account of	135313
that investment shall be paid by the insurance company that	135314
received the credit to the superintendent of insurance. The amount	135315
to be recovered shall be determined by the director of development	135316
services pursuant to rules adopted under section 5725.33 of the	135317
Revised Code. The director shall certify any amount due under this	135318
division to the superintendent of insurance, and the	135319
superintendent shall notify the treasurer of state of the amount	135320
due. Upon notification, the treasurer shall invoice the insurance	135321
company for the amount due. The amount due is payable not later	135322
than thirty days after the date the treasurer invoices the	135323
insurance company. The amount due shall be considered to be tax	135324
due under section 5729.03 of the Revised Code, and may be	135325
collected by assessment without regard to the time limitations	135326
imposed under section 5729.102 of the Revised Code for the	135327
assessment of taxes by the superintendent. All amounts collected	135328
under this division shall be credited as revenue from the tax	135329
levied under section 5729.03 of the Revised Code.	135330

Sec. 5729.17. (A) As used in this section, "certificate	135331
owner" has the same meaning as in section 149.311 of the Revised	135332
Code.	135333

(B) There is allowed a credit against the tax imposed by	135334
section 5729.03 of the Revised Code for an insurance company	135335
subject to that tax that is a certificate owner of a	135336
rehabilitation tax credit certificate issued under section 149.311	135337
of the Revised Code. The credit shall equal twenty-five per cent	135338
of the dollar amount indicated on the certificate, but the amount	135339
of the credit allowed for any company for any year shall not	135340
exceed ~~five~~ten million dollars. The credit shall be claimed in	135341
the calendar year specified in the certificate and in the order	135342
required under section 5729.98 of the Revised Code. If the credit	135343
exceeds the amount of tax otherwise due in that year, the excess	135344
shall be refunded to the company but, if any amount of the credit	135345
is refunded, the sum of the amount refunded and the amount applied	135346
to reduce the tax otherwise due in that year shall not exceed	135347
three million dollars. The company may carry forward any balance	135348
of the credit in excess of the amount claimed in that year for not	135349
more than five ensuing years, and shall deduct any amount claimed	135350
in any such year from the amount claimed in an ensuing year.	135351

(C) An insurance company claiming a credit under this section	135352
shall retain the rehabilitation tax credit certificate for four	135353
years following the end of the year in which the credit was	135354
claimed, and shall make the certificate available for inspection	135355
by the tax commissioner upon the request of the tax commissioner	135356
during that period.	135357

Sec. 5731.39. This section does not apply to, and the	135358
written permission of the tax commissioner is not required for	135359
asset transfers with respect to, decedents dying on or after	135360
January 1, 2013.	135361

(A) No corporation organized or existing under the laws of	135362
this state shall transfer on its books or issue a new certificate	135363
for any share of its capital stock registered in the name of a	135364
decedent, or in trust for a decedent, or in the name of a decedent	135365
and another person or persons, without the written consent of the	135366
tax commissioner.	135367

(B) No safe deposit company, trust company, financial	135368
institution as defined in division (A) of section 5725.01 of the	135369
Revised Code, or other corporation or person, having in	135370
possession, control, or custody a deposit standing in the name of	135371
a decedent, or in trust for a decedent, or in the name of a	135372
decedent and another person or persons, shall deliver or transfer	135373
an amount in excess of three-fourths of the total value of such	135374
deposit, including accrued interest and dividends, as of the date	135375
of decedent's death, without the written consent of the tax	135376
commissioner. The written consent of the tax commissioner need not	135377
be obtained prior to the delivery or transfer of amounts having a	135378
value of three-fourths or less of said total value.	135379

(C) No life insurance company shall pay the proceeds of an	135380
annuity or matured endowment contract, or of a life insurance	135381
contract payable to the estate of a decedent, or of any other	135382
insurance contract taxable under Chapter 5731. of the Revised	135383
Code, without the written consent of the tax commissioner. Any	135384
life insurance company may pay the proceeds of any insurance	135385
contract not specified in this division (C) without the written	135386
consent of the tax commissioner.	135387

(D) No trust company or other corporation or person shall pay	135388
the proceeds of any death benefit, retirement, pension, or	135389
profit-sharing plan in excess of two thousand dollars, without the	135390
written consent of the tax commissioner. Such trust company or	135391
other corporation or person, however, may pay the proceeds of any	135392
death benefit, retirement, pension, or profit-sharing plan which	135393
consists of insurance on the life of the decedent payable to a	135394
beneficiary other than the estate of the insured without the	135395
written consent of the tax commissioner.	135396

(E) No safe deposit company, trust company, financial	135397
institution as defined in division (A) of section 5725.01 of the	135398
Revised Code, or other corporation or person, having in	135399
possession, control, or custody securities, assets, or other	135400
property (including the shares of the capital stock of, or other	135401
interest in, such safe deposit company, trust company, financial	135402
institution as defined in division (A) of section 5725.01 of the	135403
Revised Code, or other corporation), standing in the name of a	135404
decedent, or in trust for a decedent, or in the name of a decedent	135405
and another person or persons, and the transfer of which is	135406
taxable under Chapter 5731. of the Revised Code, shall deliver or	135407
transfer any such securities, assets, or other property which have	135408
a value as of the date of decedent's death in excess of	135409
three-fourths of the total value thereof, without the written	135410
consent of the tax commissioner. The written consent of the tax	135411
commissioner need not be obtained prior to the delivery or	135412
transfer of any such securities, assets, or other property having	135413
a value of three-fourths or less of said total value.	135414

(F) No safe deposit company, financial institution as defined	135415
in division (A) of section 5725.01 of the Revised Code, or other	135416
corporation or person having possession or control of a safe	135417
deposit box or similar receptacle standing in the name of a	135418
decedent or in the name of the decedent and another person or	135419
persons, or to which the decedent had a right of access, except	135420
when such safe deposit box or other receptacle stands in the name	135421
of a corporation or partnership, or in the name of the decedent as	135422
guardian or executor, shall deliver any of the contents thereof	135423
unless the safe deposit box or similar receptacle has been opened	135424
and inventoried in the presence of the tax commissioner or the	135425
commissioner's agent, and a written consent to transfer issued;	135426
provided, however, that a safe deposit company, financial	135427
institution, or other corporation or person having possession or	135428
control of a safe deposit box may deliver wills, deeds to burial	135429
lots, and insurance policies to a representative of the decedent,	135430
but that a representative of the safe deposit company, financial	135431
institution, or other corporation or person must supervise the	135432
opening of the box and make a written record of the wills, deeds,	135433
and policies removed. Such written record shall be included in the	135434
tax commissioner's inventory records.	135435

(G) Notwithstanding any provision of this section:

135436

(1) The tax commissioner may authorize any delivery or	135437
transfer or waive any of the foregoing requirements under such	135438
terms and conditions as the commissioner may prescribe;	135439

(2) A home, as defined in section 3721.10 of the Revised	135440
Code, or a residential facility licensed under section ~~5119.22~~	135441
5119.34 of the Revised Code that provides accommodations,	135442
supervision, and personal care services for three to sixteen	135443
unrelated adults, may transfer or use the money in a personal	135444
needs allowance account in accordance with section ~~5111.113~~	135445
5162.22 of the Revised Code without the written consent of the tax	135446
commissioner, and without the account having been opened and	135447
inventoried in the presence of the commissioner or the	135448
commissioner's agent.	135449

Failure to comply with this section shall render such safe	135450
deposit company, trust company, life insurance company, financial	135451
institution as defined in division (A) of section 5725.01 of the	135452
Revised Code, or other corporation or person liable for the amount	135453
of the taxes and interest due under the provisions of Chapter	135454
5731. of the Revised Code on the transfer of such stock, deposit,	135455
proceeds of an annuity or matured endowment contract or of a life	135456
insurance contract payable to the estate of a decedent, or other	135457
insurance contract taxable under Chapter 5731. of the Revised	135458
Code, proceeds of any death benefit, retirement, pension, or	135459
profit-sharing plan in excess of two thousand dollars, or	135460
securities, assets, or other property of any resident decedent,	135461
and in addition thereto, to a penalty of not less than five	135462
hundred or more than five thousand dollars.	135463

Sec. 5733.01. (A) The tax provided by this chapter for	135464
domestic corporations shall be the amount charged against each	135465
corporation organized for profit under the laws of this state and	135466
each nonprofit corporation organized pursuant to Chapter 1729. of	135467
the Revised Code, except as provided in sections 5733.09 and	135468
5733.10 of the Revised Code, for the privilege of exercising its	135469
franchise during the calendar year in which that amount is	135470
payable, and the tax provided by this chapter for foreign	135471
corporations shall be the amount charged against each corporation	135472
organized for profit and each nonprofit corporation organized or	135473
operating in the same or similar manner as nonprofit corporations	135474
organized under Chapter 1729. of the Revised Code, under the laws	135475
of any state or country other than this state, except as provided	135476
in sections 5733.09 and 5733.10 of the Revised Code, for the	135477
privilege of doing business in this state, owning or using a part	135478
or all of its capital or property in this state, holding a	135479
certificate of compliance with the laws of this state authorizing	135480
it to do business in this state, or otherwise having nexus in or	135481
with this state under the Constitution of the United States,	135482
during the calendar year in which that amount is payable.	135483

(B) A corporation is subject to the tax imposed by section	135484
5733.06 of the Revised Code for each calendar year prior to 2014	135485
that it is so organized, doing business, owning or using a part or	135486
all of its capital or property, holding a certificate of	135487
compliance, or otherwise having nexus in or with this state under	135488
the Constitution of the United States, on the first day of January	135489
of that calendar year. No credit authorized by this chapter may be	135490
claimed for tax year 2014 or any tax year thereafter.	135491

(C) Any corporation subject to this chapter that is not	135492
subject to the federal income tax shall file its returns and	135493
compute its tax liability as required by this chapter in the same	135494
manner as if that corporation were subject to the federal income	135495
tax.	135496

(D) For purposes of this chapter, a federally chartered	135497
financial institution shall be deemed to be organized under the	135498
laws of the state within which its principal office is located.	135499

(E) For purposes of this chapter, any person, as defined in	135500
section 5701.01 of the Revised Code, shall be treated as a	135501
corporation if the person is classified for federal income tax	135502
purposes as an association taxable as a corporation, and an equity	135503
interest in the person shall be treated as capital stock of the	135504
person.	135505

(F) For the purposes of this chapter, "disregarded entity"	135506
has the same meaning as in division (D) of section 5745.01 of the	135507
Revised Code.	135508

(1) A person's interest in a disregarded entity, whether held	135509
directly or indirectly, shall be treated as the person's ownership	135510
of the assets and liabilities of the disregarded entity, and the	135511
income, including gain or loss, shall be included in the person's	135512
net income under this chapter.	135513

(2) Any sale, exchange, or other disposition of the person's	135514
interest in the disregarded entity, whether held directly or	135515
indirectly, shall be treated as a sale, exchange, or other	135516
disposition of the person's share of the disregarded entity's	135517
underlying assets or liabilities, and the gain or loss from such	135518
sale, exchange, or disposition shall be included in the person's	135519
net income under this chapter.	135520

(3) The disregarded entity's payroll, property, and sales	135521
factors shall be included in the person's factors.	135522

(G) The tax a corporation is required to pay under this	135523
chapter shall be as follows:	135524

(1)(a) For financial institutions, the greater of the minimum	135525
payment required under division (E) of section 5733.06 of the	135526
Revised Code or the difference between all taxes charged the	135527
financial institution under this chapter, without regard to	135528
division (G)(2) of this section, less any credits allowable	135529
against such tax.	135530

(b) A corporation satisfying the description in division	135531
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	135532
Code, as that section existed before its amendment by H.B. 510 of	135533
the 129th general assembly, that is not a financial institution,	135534
insurance company, or dealer in intangibles is subject to the	135535
taxes imposed under this chapter as a corporation and not subject	135536
to tax as a financial institution, and shall pay the greater of	135537
the minimum payment required under division (E) of section 5733.06	135538
of the Revised Code or the difference between all the taxes	135539
charged under this chapter, without regard to division (G)(2) of	135540
this section, less any credits allowable against such tax.	135541

(2) For all corporations other than those persons described	135542
in division (G)(1)(a) or (b) of this section, the amount under	135543
division (G)(2)(a) of this section applicable to the tax year	135544
specified less the amount under division (G)(2)(b) of this	135545
section:	135546

(a)(i) For tax year 2005, the greater of the minimum payment	135547
required under division (E) of section 5733.06 of the Revised Code	135548
or the difference between all taxes charged the corporation under	135549
this chapter and any credits allowable against such tax;	135550

(ii) For tax year 2006, the greater of the minimum payment	135551
required under division (E) of section 5733.06 of the Revised Code	135552
or four-fifths of the difference between all taxes charged the	135553
corporation under this chapter and any credits allowable against	135554
such tax, except the qualifying pass-through entity tax credit	135555
described in division (A)(30) and the refundable credits described	135556
in divisions (A)(31) to (35) of section 5733.98 of the Revised	135557
Code;	135558

(iii) For tax year 2007, the greater of the minimum payment	135559
required under division (E) of section 5733.06 of the Revised Code	135560
or three-fifths of the difference between all taxes charged the	135561
corporation under this chapter and any credits allowable against	135562
such tax, except the qualifying pass-through entity tax credit	135563
described in division (A)(30) and the refundable credits described	135564
in divisions (A)(31) to (35) of section 5733.98 of the Revised	135565
Code;	135566

(iv) For tax year 2008, the greater of the minimum payment	135567
required under division (E) of section 5733.06 of the Revised Code	135568
or two-fifths of the difference between all taxes charged the	135569
corporation under this chapter and any credits allowable against	135570
such tax, except the qualifying pass-through entity tax credit	135571
described in division (A)(30) and the refundable credits described	135572
in divisions (A)(31) to (35) of section 5733.98 of the Revised	135573
Code;	135574

(v) For tax year 2009, the greater of the minimum payment	135575
required under division (E) of section 5733.06 of the Revised Code	135576
or one-fifth of the difference between all taxes charged the	135577
corporation under this chapter and any credits allowable against	135578
such tax, except the qualifying pass-through entity tax credit	135579
described in division (A)(30) and the refundable credits described	135580
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	135581
the Revised Code;	135582

(vi) For tax year 2010 and each tax year thereafter, no tax.

135583

(b) A corporation shall subtract from the amount calculated	135584
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	135585
any qualifying pass-through entity tax credit described in	135586
division (A)(30) and any refundable credits described in divisions	135587
(A)(31) to (35) of section 5733.98 of the Revised Code to which	135588
the corporation is entitled. Any unused qualifying pass-through	135589
entity tax credit is not refundable.	135590

(c) For the purposes of computing the amount of a credit that	135591
may be carried forward to a subsequent tax year under division	135592
(G)(2) of this section, a credit is utilized against the tax for a	135593
tax year to the extent the credit applies against the tax for that	135594
tax year, even if the difference is then multiplied by the	135595
applicable fraction under division (G)(2)(a) of this section.	135596

(d) References in division (G)(2) of this section to section	135597
5733.98 of the Revised Code is to that section before its	135598
amendment by H.B. 59 of the 130th general assembly.	135599

(3) Nothing in division (G) of this section eliminates or	135600
reduces the tax imposed by section 5733.41 of the Revised Code on	135601
a qualifying pass-through entity.	135602

Sec. 5733.06. For tax years prior to tax year 2014, the tax	135603
hereby charged each corporation subject to this chapter shall be	135604
the greater of the sum of divisions (A) and (B) of this section,	135605
after the reduction, if any, provided by division (J) of this	135606
section, or division (C) of this section, after the reduction, if	135607
any, provided by division (J) of this section, except that the tax	135608
hereby charged each financial institution subject to this chapter	135609
shall be the amount computed under division (D) of this section:	135610

(A) Except as set forth in division (F) of this section, five	135611
and one-tenth per cent upon the first fifty thousand dollars of	135612
the value of the taxpayer's issued and outstanding shares of stock	135613
as determined under division (B) of section 5733.05 of the Revised	135614
Code;	135615

(B) Except as set forth in division (F) of this section,	135616
eight and one-half per cent upon the value so determined in excess	135617
of fifty thousand dollars; or	135618

(C)(1) Except as otherwise provided under division (G) of	135619
this section, four mills times that portion of the value of the	135620
issued and outstanding shares of stock as determined under	135621
division (C) of section 5733.05 of the Revised Code. For the	135622
purposes of division (C) of this section, division (C)(2) of	135623
section 5733.065, and division (C) of section 5733.066 of the	135624
Revised Code, the value of the issued and outstanding shares of	135625
stock of an eligible corporation for tax year 2003 through tax	135626
year 2007, or of a qualifying holding company, is zero.	135627

(2) As used in division (C) of this section, "eligible	135628
corporation" means a person treated as a corporation for federal	135629
income tax purposes that meets all of the following criteria:	135630

(a) The corporation conducts business for an entire taxable	135631
year as a qualified trade or business as defined by division (C)	135632
of section 122.15 of the Revised Code, as that section existed	135633
before its repeal by H.B. 59 of the 130th general assembly.	135634

(b) The corporation uses more than fifty per cent of the	135635
corporation's assets, based on net book value, that are located in	135636
Ohio solely to conduct activities that constitute a qualified	135637
trade or business as defined by section 122.15 of the Revised	135638
Code, as that section existed before its repeal by H.B. 59 of the	135639
130th general assembly.	135640

(c) The corporation has been formed or organized not more	135641
than three years before the report required to be filed by section	135642
5733.02 of the Revised Code is due, without regard to any	135643
extensions.	135644

(d) The corporation is not a related member, as defined in	135645
section 5733.042 of the Revised Code, at any time during the	135646
taxable year with respect to another person treated as a	135647
corporation for federal income tax purposes. A corporation is not	135648
a related member if during the entire taxable year at least	135649
seventy-five per cent of the corporation's stock is owned directly	135650
or through a pass-through entity by individuals, estates, and	135651
grantor trusts, and the individuals, estates, and grantor trusts	135652
do not directly or indirectly own more than twenty per cent of the	135653
value of another person treated as a corporation for federal	135654
income tax purposes that is conducting a qualified trade or	135655
business.	135656

(D) The tax charged each financial institution subject to	135657
this chapter shall be that portion of the value of the issued and	135658
outstanding shares of stock as determined under division (A) of	135659
section 5733.05 of the Revised Code, multiplied by the following	135660
amounts:	135661

(1) For tax years prior to the 1999 tax year, fifteen mills;

135662

(2) For the 1999 tax year, fourteen mills;

135663

(3) For tax year 2000 and thereafter, thirteen mills.

135664

(E) No tax shall be charged from any corporation that has	135665
been adjudicated bankrupt, or for which a receiver has been	135666
appointed, or that has made a general assignment for the benefit	135667
of creditors, except for the portion of the then current tax year	135668
during which the tax commissioner finds such corporation had the	135669
power to exercise its corporate franchise unimpaired by such	135670
proceedings or act. The minimum payment for each corporation shall	135671
be as follows:	135672

(1) One thousand dollars in the case of a corporation having	135673
gross receipts for the taxable year equal to at least five million	135674
dollars from activities within or outside this state or in the	135675
case of a corporation employing at least three hundred employees	135676
at some time during the taxable year within or outside this state;	135677

(2) Fifty dollars in the case of any other corporation.

135678

The tax charged to corporations under this chapter for the	135679
privilege of engaging in business in this state, which is an	135680
excise tax levied on the value of the issued and outstanding	135681
shares of stock, shall in no manner be construed as prohibiting or	135682
otherwise limiting the powers of municipal corporations, joint	135683
economic development zones created under section 715.691 of the	135684
Revised Code, and joint economic development districts created	135685
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	135686
Revised Code in this state to impose an income tax on the income	135687
of such corporations.	135688

(F) If two or more taxpayers satisfy the ownership or control	135689
requirements of division (A) of section 5733.052 of the Revised	135690
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	135691
amount" for "fifty thousand dollars" in divisions (A) and (B) of	135692
this section. For purposes of this division, "the taxpayer's	135693
pro-rata amount" is an amount that, when added to the other such	135694
taxpayers' pro-rata amounts, does not exceed fifty thousand	135695
dollars. For the purpose of making that computation, the	135696
taxpayer's pro-rata amount shall not be less than zero. Nothing in	135697
this division derogates from or eliminates the requirement to make	135698
the alternative computation of tax under division (C) of this	135699
section.	135700

(G) The tax liability of any corporation under division (C)	135701
of this section shall not exceed one hundred fifty thousand	135702
dollars.	135703

(H)(1) For the purposes of division (H) of this section,	135704
"exiting corporation" means a corporation that satisfies all of	135705
the following conditions:	135706

(a) The corporation had nexus with or in this state under the	135707
Constitution of the United States during any portion of a calendar	135708
year;	135709

(b) The corporation was not a corporation described in	135710
division (A) of section 5733.01 of the Revised Code on the first	135711
day of January immediately following that calendar year;	135712

(c) The corporation was not a financial institution on the	135713
first day of January immediately following that calendar year;	135714

(d) If the corporation was a transferor as defined in section	135715
5733.053 of the Revised Code, the corporation's transferee was not	135716
required to add to the transferee's net income the income of the	135717
transferor pursuant to division (B) of that section;	135718

(e) During any portion of that calendar year, or any portion	135719
of the immediately preceding calendar year, the corporation had	135720
net income that was not included in a report filed by the	135721
corporation or its transferee pursuant to section 5733.02,	135722
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	135723

(f) The corporation would have been subject to the tax	135724
computed under divisions (A), (B), (C), (F), and (G) of this	135725
section if the corporation is assumed to be a corporation	135726
described in division (A) of section 5733.01 of the Revised Code	135727
on the first day of January immediately following the calendar	135728
year to which division (H)(1)(a) of this section refers.	135729

(2) For the purposes of division (H) of this section,	135730
"unreported net income" means net income that was not previously	135731
included in a report filed pursuant to section 5733.02, 5733.021,	135732
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	135733
realized or recognized during the calendar year to which division	135734
(H)(1) of this section refers or the immediately preceding	135735
calendar year.	135736

(3) Each exiting corporation shall pay a tax computed by	135737
first allocating and apportioning the unreported net income	135738
pursuant to division (B) of section 5733.05 and section 5733.051	135739
and, if applicable, section 5733.052 of the Revised Code. The	135740
exiting corporation then shall compute the tax due on its	135741
unreported net income allocated and apportioned to this state by	135742
applying divisions (A), (B), and (F) of this section to that	135743
income.	135744

(4) Divisions (C) and (G) of this section, division (D)(2) of	135745
section 5733.065, and division (C) of section 5733.066 of the	135746
Revised Code do not apply to an exiting corporation, but exiting	135747
corporations are subject to every other provision of this chapter.	135748

(5) Notwithstanding division (B) of section 5733.01 or	135749
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	135750
contrary, each exiting corporation shall report and pay the tax	135751
due under division (H) of this section on or before the	135752
thirty-first day of May immediately following the calendar year to	135753
which division (H)(1)(a) of this section refers. The exiting	135754
corporation shall file that report on the form most recently	135755
prescribed by the tax commissioner for the purposes of complying	135756
with sections 5733.02 and 5733.03 of the Revised Code. Upon	135757
request by the corporation, the tax commissioner may extend the	135758
date for filing the report.	135759

(6) If, on account of the application of section 5733.053 of	135760
the Revised Code, net income is subject to the tax imposed by	135761
divisions (A) and (B) of this section, such income shall not be	135762
subject to the tax imposed by division (H)(3) of this section.	135763

(7) The amendments made to division (H) of this section by	135764
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	135765
any transfer, as defined in section 5733.053 of the Revised Code,	135766
for which negotiations began prior to January 1, 2001, and that	135767
was commenced in and completed during calendar year 2001, unless	135768
the taxpayer makes an election prior to December 31, 2001, to	135769
apply those amendments.	135770

(8) The tax commissioner may adopt rules governing division	135771
(H) of this section.	135772

(I) Any reference in the Revised Code to "the tax imposed by	135773
section 5733.06 of the Revised Code" or "the tax due under section	135774
5733.06 of the Revised Code" includes the taxes imposed under	135775
sections 5733.065 and 5733.066 of the Revised Code.	135776

(J)(1) Division (J) of this section applies solely to a	135777
combined company. Section 5733.057 of the Revised Code shall apply	135778
when calculating the adjustments required by division (J) of this	135779
section.	135780

(2) Subject to division (J)(4) of this section, the total tax	135781
calculated in divisions (A) and (B) of this section shall be	135782
reduced by an amount calculated by multiplying such tax by a	135783
fraction, the numerator of which is the total taxable gross	135784
receipts attributed to providing public utility activity other	135785
than as an electric company under section 5727.03 of the Revised	135786
Code for the year upon which the taxable gross receipts are	135787
measured immediately preceding the tax year, and the denominator	135788
of which is the total gross receipts from all sources for the year	135789
upon which the taxable gross receipts are measured immediately	135790
preceding the tax year. Nothing herein shall be construed to	135791
exclude from the denominator any item of income described in	135792
section 5733.051 of the Revised Code.	135793

(3) Subject to division (J)(4) of this section, the total tax	135794
calculated in division (C) of this section shall be reduced by an	135795
amount calculated by multiplying such tax by the fraction	135796
described in division (J)(2) of this section.	135797

(4) In no event shall the reduction provided by division	135798
(J)(2) or (J)(3) of this section exceed the amount of the excise	135799
tax paid in accordance with section 5727.38 of the Revised Code,	135800
for the year upon which the taxable gross receipts are measured	135801
immediately preceding the tax year.	135802

Sec. 5733.11. (A) If any corporation required to file a	135803
report under this chapter fails to file the report within the time	135804
prescribed, files an incorrect report, or fails to remit the full	135805
amount of the tax due for the period covered by the report, the	135806
tax commissioner may make an assessment against the corporation	135807
for any deficiency for the period for which the report or tax is	135808
due, based upon any information in the commissioner's possession.	135809

No assessment shall be made or issued against a corporation	135810
more than three years after the later of the final date the report	135811
subject to assessment was required to be filed or the date the	135812
report was filed. Such time limit may be extended if both the	135813
corporation and the commissioner consent in writing to the	135814
extension or if an agreement waiving or extending the time limit	135815
has been entered into pursuant to section 122.171 of the Revised	135816
Code. Any such extension shall extend the three-year time limit in	135817
division (B) of section 5733.12 of the Revised Code for the same	135818
period of time. There shall be no bar or limit to an assessment	135819
against a corporation that fails to file a report subject to	135820
assessment as required by this chapter, or that files a fraudulent	135821
report.	135822

The commissioner shall give the corporation assessed written	135823
notice of the assessment in the manner provided in section 5703.37	135824
of the Revised Code. With the notice, the commissioner shall	135825
provide instructions on how to petition for reassessment and	135826
request a hearing on the petition.	135827

(B) Unless the corporation assessed files with the tax	135828
commissioner within sixty days after service of the notice of	135829
assessment, either personally or by certified mail, a written	135830
petition for reassessment, signed by the ~~corporations~~	135831
corporation's authorized agent having knowledge of the facts,, the	135832
assessment becomes final, and the amount of the assessment is due	135833
and payable from the corporation assessed to the treasurer of	135834
state. The petition shall indicate the corporation's objections,	135835
but additional objections may be raised in writing if received by	135836
the commissioner prior to the date shown on the final	135837
determination. If the petition has been properly filed, the	135838
commissioner shall proceed under section 5703.60 of the Revised	135839
Code.	135840

(C) After an assessment becomes final, if any portion of the	135841
assessment remains unpaid, including accrued interest, a certified	135842
copy of the tax commissioner's entry making the assessment final	135843
may be filed in the office of the clerk of the court of common	135844
pleas in the county in which the corporation has an office or	135845
place of business in this state, the county in which the	135846
corporation's statutory agent is located, or Franklin county.	135847

Immediately upon the filing of the entry, the clerk shall	135848
enter a judgment against the corporation assessed in the amount	135849
shown on the entry. The judgment may be filed by the clerk in a	135850
loose-leaf book entitled "special judgments for state corporate	135851
franchise and litter taxes," and shall have the same effect as	135852
other judgments. Execution shall issue upon the judgment upon the	135853
request of the tax commissioner, and all laws applicable to sales	135854
on execution shall apply to sales made under the judgment.	135855

~~The portion of an~~If the assessment is not paid within sixty	135856
days after the day the assessment was issued, the portion of the	135857
assessment consisting of tax due shall bear interest at the rate	135858
per annum prescribed by section 5703.47 of the Revised Code from	135859
the day the tax commissioner issues the assessment until the	135860
assessment is paid or until it is certified to the attorney	135861
general for collection under section 131.02 of the Revised Code,	135862
whichever comes first. If the unpaid portion of the assessment is	135863
certified to the attorney general for collection, the entire	135864
unpaid portion of the assessment shall bear interest at the rate	135865
per annum prescribed by section 5703.47 of the Revised Code from	135866
the date of certification until the date it is paid in its	135867
entirety. Interest shall be paid in the same manner as the tax and	135868
may be collected by issuing an assessment under this section.	135869

(D) All money collected under this section shall be	135870
considered as revenue arising from the taxes imposed by this	135871
chapter.	135872

(E) The portion of an assessment that must be paid upon the	135873
filing of a petition for reassessment shall be as follows:	135874

(1) If the sole item objected to is the assessed penalty or	135875
interest, payment of the assessment, including interest but not	135876
penalty, is required;	135877

(2) If the corporation assessed failed to file, prior to the	135878
date of issuance of the assessment, the annual report required by	135879
section 5733.02 of the Revised Code, any amended report required	135880
by division (C) of section 5733.031 of the Revised Code for the	135881
tax year at issue, or any amended report required by division (D)	135882
of section 5733.067 of the Revised Code to indicate a reduction in	135883
the amount of the credit provided under that section, payment of	135884
the assessment, including interest but not penalty, is required;	135885

(3) If the corporation assessed filed, prior to the date of	135886
issuance of the assessment, the annual report required by section	135887
5733.02 of the Revised Code, all amended reports required by	135888
division (C) of section 5733.031 of the Revised Code for the tax	135889
year at issue, and all amended reports required by division (D) of	135890
section 5733.067 of the Revised Code to indicate a reduction in	135891
the amount of the credit provided under that section, and a	135892
balance of the taxes shown due on the reports as computed on the	135893
reports remains unpaid, payment of only that portion of the	135894
assessment representing the unpaid balance of tax and interest is	135895
required;	135896

(4) If the corporation assessed does not dispute that it is a	135897
taxpayer but claims the protections of section 101 of Public Law	135898
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	135899
that portion of the assessment representing any balance of taxes	135900
shown due on the corporation's annual report required by section	135901
5733.02 of the Revised Code, as computed on the report, that	135902
remains unpaid, and that represents taxes imposed by division (C)	135903
of section 5733.06, division (C)(2) of section 5733.065, and	135904
division (C) of section 5733.066 of the Revised Code, together	135905
with all related interest, is required;	135906

(5) If none of the conditions specified in divisions (E)(1)	135907
to (4) of this section apply, or if the corporation assessed	135908
disputes that it is a taxpayer, no payment is required.	135909

(F) Notwithstanding the fact that a petition for reassessment	135910
is pending, the corporation may pay all or a portion of the	135911
assessment that is the subject of the petition. The acceptance of	135912
a payment by the treasurer of state does not prejudice any claim	135913
for refund upon final determination of the petition.	135914

If upon final determination of the petition an error in the	135915
assessment is corrected by the tax commissioner, upon petition so	135916
filed or pursuant to a decision of the board of tax appeals or any	135917
court to which the determination or decision has been appealed, so	135918
that the amount due from the corporation under the corrected	135919
assessment is less than the portion paid, there shall be issued to	135920
the corporation, its assigns, or legal representative a refund in	135921
the amount of the overpayment as provided by section 5733.12 of	135922
the Revised Code, with interest on that amount as provided by	135923
section 5733.26 of the Revised Code, subject to section 5733.121	135924
of the Revised Code.	135925

Sec. 5733.55. (A) As used in this section:

135926

(1) "9-1-1 system" has the same meaning as in section ~~5507.01~~	135927
128.01 of the Revised Code.	135928

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	135929
approved by the public utilities commission for the telephone	135930
network portion of a 9-1-1 system pursuant to section ~~5507.18~~	135931
128.18 of the Revised Code.	135932

(3) "Eligible nonrecurring 9-1-1 charges" means all	135933
nonrecurring 9-1-1 charges for a 9-1-1 system except both of the	135934
following:	135935

(a) Charges for a system that was not established pursuant to	135936
a plan adopted under section ~~5507.08~~128.08 of the Revised Code or	135937
an agreement under section ~~5507.09~~128.09 of the Revised Code;	135938

(b) Charges for that part of a system established pursuant to	135939
such a plan or agreement that are excluded from the credit by	135940
division (C)(2) of section ~~5507.18~~128.18 of the Revised Code.	135941

(4) "Telephone company" has the same meaning as in section	135942
5727.01 of the Revised Code.	135943

(B) Beginning in tax year 2005, a telephone company shall be	135944
allowed a nonrefundable credit against the tax imposed by section	135945
5733.06 of the Revised Code equal to the amount of its eligible	135946
nonrecurring 9-1-1 charges. The credit shall be claimed for the	135947
company's taxable year that covers the period in which the 9-1-1	135948
service for which the credit is claimed becomes available for use.	135949
The credit shall be claimed in the order required by section	135950
5733.98 of the Revised Code. If the credit exceeds the total taxes	135951
due under section 5733.06 of the Revised Code for the tax year,	135952
the tax commissioner shall credit the excess against taxes due	135953
under that section for succeeding tax years until the full amount	135954
of the credit is granted.	135955

(C) After the last day a return, with any extensions, may be	135956
filed by any telephone company that is eligible to claim a credit	135957
under this section, the commissioner shall determine whether the	135958
sum of the credits allowed for prior tax years commencing with tax	135959
year 2005 plus the sum of the credits claimed for the current tax	135960
year exceeds fifteen million dollars. If it does, the credits	135961
allowed under this section for the current tax year shall be	135962
reduced by a uniform percentage such that the sum of the credits	135963
allowed for the current tax year do not exceed fifteen million	135964
dollars claimed by all telephone companies for all tax years.	135965
Thereafter, no credit shall be granted under this section, except	135966
for the remaining portions of any credits allowed under division	135967
(B) of this section.	135968

(D) A telephone company that is entitled to carry forward a	135969
credit against its public utility excise tax liability under	135970
section 5727.39 of the Revised Code is entitled to carry forward	135971
any amount of that credit remaining after its last public utility	135972
excise tax payment for the period of July 1, 2003, through June	135973
30, 2004, and claim that amount as a credit against its	135974
corporation franchise tax liability under this section. Nothing in	135975
this section authorizes a telephone company to claim a credit	135976
under this section for any eligible nonrecurring 9-1-1 charges for	135977
which it has already claimed a credit under this section or	135978
section 5727.39 of the Revised Code.	135979

Sec. 5733.58. (A) Terms used in this section have the same	135980
meaning as in section 5725.33 of the Revised Code.	135981

(B) There is hereby allowed a nonrefundable credit against	135982
the tax imposed by section 5733.06 of the Revised Code for a	135983
financial institution holding a qualified equity investment on the	135984
credit allowance date occurring in the calendar year immediately	135985
preceding the tax year for which the tax is due. The credit shall	135986
be computed in the same manner prescribed for the computation of	135987
credits allowed under section 5725.33 of the Revised Code.	135988

By claiming a tax credit under this section, a financial	135989
institution waives its rights under section 5733.11 of the Revised	135990
Code with respect to the time limitation for the assessment of	135991
taxes as it relates to credits claimed that later become subject	135992
to recapture under division (D) of this section.	135993

The credit shall be claimed in the order prescribed by	135994
section 5733.98 of the Revised Code. If the amount of the credit	135995
exceeds the amount of tax otherwise due after deducting all other	135996
credits in that order, the excess may be carried forward and	135997
applied to the tax due for not more than four ensuing tax years.	135998

(C) The total amount of qualified equity investments on the	135999
basis of which credits may be claimed under this section and	136000
sections 5725.33 and 5729.16 of the Revised Code is subject to the	136001
limitation of division (C) of section 5725.33 of the Revised Code.	136002

(D) If any amount of ~~the~~a federal tax credit allowed for a	136003
qualified equity investment for which a credit was received under	136004
this section is recaptured under section 45D of the Internal	136005
Revenue Code, or if the director of development services	136006
determines that an investment for which a tax credit is claimed	136007
under this section is not a qualified equity investment or that	136008
the proceeds of an investment for which a tax credit is claimed	136009
under this section are used to make qualified low-income community	136010
investments other than in a qualified active low-income community	136011
business, all or a portion of the credit received on account of	136012
that investment shall be paid by the financial institution that	136013
received the credit to the tax commissioner. The amount to be	136014
recovered shall be determined by the director of development	136015
services pursuant to rules adopted under section 5725.33 of the	136016
Revised Code. The director shall certify any amount due under this	136017
division to the tax commissioner, and the commissioner shall	136018
notify the financial institution of the amount due. The amount due	136019
is payable not later than thirty days after the day the	136020
commissioner issues the notice. The amount due shall be considered	136021
to be tax due under section 5733.06 of the Revised Code, and may	136022
be collected by assessment without regard to the limitations	136023
imposed under section 5733.11 of the Revised Code for the	136024
assessment of taxes by the commissioner. All amounts collected	136025
under this division shall be credited as revenue from the tax	136026
levied under section 5733.06 of the Revised Code.	136027

Sec. 5733.98. (A) To provide a uniform procedure for	136028
calculating the amount of tax imposed by section 5733.06 of the	136029
Revised Code that is due under this chapter, a taxpayer shall	136030
claim any credits to which it is entitled in the following order,	136031
except as otherwise provided in section 5733.058 of the Revised	136032
Code:	136033

(1) For tax year 2005, the credit for taxes paid by a	136034
qualifying pass-through entity allowed under section 5733.0611 of	136035
the Revised Code;	136036

(2) The credit allowed for financial institutions under	136037
section 5733.45 of the Revised Code;	136038

(3) The credit for qualifying affiliated groups under section	136039
5733.068 of the Revised Code;	136040

(4) The subsidiary corporation credit under section 5733.067	136041
of the Revised Code;	136042

(5) The savings and loan assessment credit under section	136043
5733.063 of the Revised Code;	136044

(6) The credit for recycling and litter prevention donations	136045
under section 5733.064 of the Revised Code;	136046

(7) The credit for employers that enter into agreements with	136047
child day-care centers under section 5733.36 of the Revised Code;	136048

(8) The credit for employers that reimburse employee child	136049
care expenses under section 5733.38 of the Revised Code;	136050

(9) The credit for maintaining railroad active grade crossing	136051
warning devices under section 5733.43 of the Revised Code;	136052

(10) The credit for purchases of lights and reflectors under	136053
section 5733.44 of the Revised Code;	136054

(11) The nonrefundable job retention credit under division	136055
(B) of section 5733.0610 of the Revised Code;	136056

(12) The credit for tax years 2008 and 2009 for selling	136057
alternative fuel under section 5733.48 of the Revised Code;	136058

(13) The second credit for purchases of new manufacturing	136059
machinery and equipment under section 5733.33 of the Revised Code;	136060

(14) The job training credit under section 5733.42 of the	136061
Revised Code;	136062

(15) The credit for qualified research expenses under section	136063
5733.351 of the Revised Code;	136064

(16) The enterprise zone credit under section 5709.66 of the	136065
Revised Code;	136066

(17) The credit for the eligible costs associated with a	136067
voluntary action under section 5733.34 of the Revised Code;	136068

(18) The credit for employers that establish on-site child	136069
day-care centers under section 5733.37 of the Revised Code;	136070

(19) The ethanol plant investment credit under section	136071
5733.46 of the Revised Code;	136072

(20) The credit for purchases of qualifying grape production	136073
property under section 5733.32 of the Revised Code;	136074

(21) The export sales credit under section 5733.069 of the	136075
Revised Code;	136076

(22) ~~The credit for research and development and technology~~	136077
~~transfer investors under section 5733.35 of the Revised Code;~~	136078

~~(23)~~ The enterprise zone credits under section 5709.65 of the	136079
Revised Code;	136080

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	136081
of the Revised Code;	136082

~~(25)~~(24) The credit for purchases of qualified low-income	136083
community investments under section 5733.58 of the Revised Code;	136084

~~(26)~~(25) The credit for small telephone companies under	136085
section 5733.57 of the Revised Code;	136086

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	136087
under section 5733.55 of the Revised Code;	136088

~~(28)~~(27) For tax year 2005, the credit for providing programs	136089
to aid the communicatively impaired under division (A) of section	136090
5733.56 of the Revised Code;	136091

~~(29)~~(28) The research and development credit under section	136092
5733.352 of the Revised Code;	136093

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	136094
credit for taxes paid by a qualifying pass-through entity allowed	136095
under section 5733.0611 of the Revised Code;	136096

~~(31)~~(30) The refundable credit for rehabilitating a historic	136097
building under section 5733.47 of the Revised Code;	136098

~~(32)~~(31) The refundable jobs creation credit or job retention	136099
credit under division (A) of section 5733.0610 of the Revised	136100
Code;	136101

~~(33)~~(32) The refundable credit for tax withheld under	136102
division (B)(2) of section 5747.062 of the Revised Code;	136103

~~(34)~~(33) The refundable credit under section 5733.49 of the	136104
Revised Code for losses on loans made to the Ohio venture capital	136105
program under sections 150.01 to 150.10 of the Revised Code;	136106

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	136107
credit allowable under division (B) of section 5733.56 of the	136108
Revised Code;	136109

~~(36)~~(35) The refundable motion picture production credit	136110
under section 5733.59 of the Revised Code.	136111

(B) For any credit except the refundable credits enumerated	136112
in this section, the amount of the credit for a tax year shall not	136113
exceed the tax due after allowing for any other credit that	136114
precedes it in the order required under this section. Any excess	136115
amount of a particular credit may be carried forward if authorized	136116
under the section creating that credit.	136117

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	136118
other than liquid natural gas, amounts of motor fuel reported	136119
under this chapter shall be measured in gross gallons, except that	136120
amounts reported for terminal to terminal transactions shall be	136121
measured in net gallons and amounts reported for terminal to Ohio	136122
licensed dealer transactions shall be measured in both net gallons	136123
and gross gallons. Amounts of liquid natural gas shall be measured	136124
in gallon equivalents as described in section 5735.013 of the	136125
Revised Code.	136126

Sec. 5735.013. For the purposes of this chapter, if the	136127
national conference on weights and measures has adopted a diesel	136128
gallon equivalent standard for liquid natural gas, that standard	136129
shall be the equivalent of one gallon of motor fuel. If the	136130
national conference on weights and measures has not adopted such a	136131
standard, six and six one-hundredths pounds of liquid natural gas	136132
shall be the equivalent of one gallon of motor fuel.	136133

Sec. 5735.12. (A) Any motor fuel dealer required by this	136134
chapter to file reports and pay the tax levied by this chapter who	136135
fails to file the report within the time prescribed, may be liable	136136
for an additional charge not exceeding the greater of ten per cent	136137
of the motor fuel dealer's tax liability for that month or fifty	136138
dollars. The tax commissioner may remit all or a portion of the	136139
additional charge and may adopt rules relating to the remission of	136140
all or a portion of the charge.	136141

If any person required by this chapter to file reports and	136142
pay the taxes, interest, or additional charge levied by this	136143
chapter fails to file the report, files an incomplete or incorrect	136144
report, or fails to remit the full amount of the tax, interest, or	136145
additional charge due for the period covered by the report, the	136146
commissioner may make an assessment against the person based upon	136147
any information in the commissioner's possession.	136148

No assessment shall be made against any motor fuel dealer for	136149
taxes imposed by this chapter more than four years after the date	136150
on which the report on which the assessment was based was due or	136151
was filed, whichever is later. This section does not bar an	136152
assessment against any motor fuel dealer who fails to file a	136153
report required by section 5735.06 of the Revised Code, or who	136154
files a fraudulent motor fuel tax report.	136155

A penalty of up to fifteen per cent may be added to the	136156
amount of every assessment made under this section. The	136157
commissioner may adopt rules providing for the imposition and	136158
remission of penalties added to assessments made under this	136159
section.	136160

The commissioner shall give the party assessed written notice	136161
of the assessment in the manner provided in section 5703.37 of the	136162
Revised Code. With the notice, the commissioner shall provide	136163
instructions on how to petition for reassessment and request a	136164
hearing on the petition.	136165

(B) Unless the party assessed files with the tax commissioner	136166
within sixty days after service of the notice of assessment,	136167
either personally or by certified mail, a written petition for	136168
reassessment in writing, signed by the party assessed or that	136169
party's authorized agent having knowledge of the facts, the	136170
assessment becomes final and the amount of the assessment is due	136171
and payable from the party assessed to the treasurer of state. The	136172
petition shall indicate the objections of the party assessed, but	136173
additional objections may be raised in writing if received by the	136174
commissioner prior to the date shown on the final determination.	136175
If the petition has been properly filed, the commissioner shall	136176
proceed under section 5703.60 of the Revised Code.	136177

(C) After an assessment becomes final, if any portion of the	136178
assessment remains unpaid, including accrued interest, a certified	136179
copy of the tax commissioner's entry making the assessment final	136180
may be filed in the office of the clerk of the court of common	136181
pleas in the county in which the party assessed resides or in	136182
which the business of the party assessed is conducted. If the	136183
party assessed maintains no place of business in this state and is	136184
not a resident of this state, the certified copy of the entry may	136185
be filed in the office of the clerk of the court of common pleas	136186
of Franklin county.	136187

Immediately upon the filing of the entry, the clerk shall	136188
enter a judgment for the state against the party assessed in the	136189
amount shown on the entry. The judgment may be filed by the clerk	136190
in a loose-leaf book entitled "special judgments for state motor	136191
fuel tax," and shall have the same effect as other judgments.	136192
Execution shall issue upon the judgment upon the request of the	136193
tax commissioner, and all laws applicable to sales on execution	136194
shall apply to sales made under the judgment.	136195

~~The portion of~~If the assessment is not paid in its entirety	136196
within sixty days after the day the assessment was issued, the	136197
portion of the assessment consisting of tax due shall bear	136198
interest at the rate per annum prescribed by section 5703.47 of	136199
the Revised Code from the day the commissioner issues the	136200
assessment until it is paid or until it is certified to the	136201
attorney general for collection under section 131.02 of the	136202
Revised Code, whichever comes first. If the unpaid portion of the	136203
assessment is certified to the attorney general for collection,	136204
the entire unpaid portion of the assessment shall bear interest at	136205
the rate per annum prescribed by section 5703.47 of the Revised	136206
Code from the date of certification until the date it is paid in	136207
its entirety. Interest shall be paid in the same manner as the tax	136208
and may be collected by the issuance of an assessment under this	136209
section.	136210

(D) All money collected by the tax commissioner under this	136211
section shall be paid to the treasurer of state, and when paid	136212
shall be considered as revenue arising from the tax imposed by	136213
this chapter.	136214

(E) If the tax commissioner determines that the commissioner	136215
has erroneously refunded motor fuel tax to any person, the	136216
commissioner may make an assessment against the person for	136217
recovery of the erroneously refunded tax.	136218

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	136219
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	136220
the Revised Code has been paid, for the purpose of operating a	136221
transit bus shall be reimbursed in the amount of such tax paid on	136222
motor fuel used by public transportation systems providing transit	136223
or paratransit service on a regular and continuing basis within	136224
the state;	136225

(2) A city, exempted village, joint vocational, or local	136226
school district or educational service center that purchases any	136227
motor fuel for school district or service center operations, on	136228
which any tax imposed by ~~section~~sections 5735.25 and 5735.29 of	136229
the Revised Code ~~that became effective on or after July 1, 2003,~~	136230
has been paid, may, if an application is filed under this section,	136231
be reimbursed in the amount of all ~~but two cents per gallon of the~~	136232
~~total~~such tax ~~imposed by such section and~~ paid ~~on motor fuel~~.	136233

(3) A county board of developmental disabilities that, on or	136234
after July 1, 2005, purchases any motor fuel for county board	136235
operations, on which any tax imposed by section 5735.29 of the	136236
Revised Code has been paid may, if an application is filed under	136237
this section, be reimbursed in the amount of all but two cents per	136238
gallon of the total tax imposed by such section and paid on motor	136239
fuel purchased on or after July 1, 2005.	136240

(B) Such person, school district, educational service center,	136241
or county board shall file with the tax commissioner an	136242
application for refund within one year from the date of purchase,	136243
stating the quantity of fuel used for operating transit buses used	136244
by local transit systems in furnishing scheduled common carrier,	136245
public passenger land transportation service along regular routes	136246
primarily in one or more municipal corporations or for operating	136247
vehicles used for school district, service center, or county board	136248
operations. However, no claim shall be made for the tax on fewer	136249
than one hundred gallons of motor fuel. A school district,	136250
educational service center, or county board shall not apply for a	136251
refund for any tax paid on motor fuel that is sold by the	136252
district, service center, or county board. The application shall	136253
be accompanied by the statement described in section 5735.15 of	136254
the Revised Code showing the purchase, together with evidence of	136255
payment thereof.	136256

(C) After consideration of the application and statement, the	136257
commissioner shall determine the amount of refund to which the	136258
applicant is entitled. If the amount is not less than that	136259
claimed, the commissioner shall certify the amount to the director	136260
of budget and management and treasurer of state for payment from	136261
the tax refund fund created by section 5703.052 of the Revised	136262
Code. If the amount is less than that claimed, the commissioner	136263
shall proceed in accordance with section 5703.70 of the Revised	136264
Code.	136265

The commissioner may require that the application be	136266
supported by the affidavit of the claimant. No refund shall be	136267
authorized or ordered for any single claim for the tax on fewer	136268
than one hundred gallons of motor fuel. No refund shall be	136269
authorized or ordered on motor fuel that is sold by a school	136270
district, educational service center, or county board.	136271

(D) The refund authorized by this section or section 5703.70	136272
of the Revised Code shall be reduced by the cents per gallon	136273
amount of any qualified fuel credit received under section	136274
5735.145 of the Revised Code, as determined by the commissioner,	136275
for each gallon of qualified fuel included in the total gallonage	136276
of motor fuel upon which the refund is computed.	136277

(E) The right to receive any refund under this section or	136278
section 5703.70 of the Revised Code is not assignable. The payment	136279
of this refund shall not be made to any person or entity other	136280
than the person or entity originally entitled thereto who used the	136281
motor fuel upon which the claim for refund is based, except that	136282
the refund when allowed and certified, as provided in this	136283
section, may be paid to the executor, the administrator, the	136284
receiver, the trustee in bankruptcy, or the assignee in insolvency	136285
proceedings of the person.	136286

Sec. 5735.27. (A) There is hereby created in the state	136287
treasury the gasoline excise tax fund, which shall be distributed	136288
in the following manner:	136289

(1) The amount credited pursuant to divisions (B)(2)(a) and	136290
(C)(2)(a) of section 5735.23 of the Revised Code shall be	136291
distributed among municipal corporations. The amount paid to each	136292
municipal corporation shall be that proportion of the amount to be	136293
so distributed that the number of motor vehicles registered within	136294
the municipal corporation bears to the total number of motor	136295
vehicles registered within all the municipal corporations of this	136296
state during the preceding motor vehicle registration year. When a	136297
new village is incorporated, the registrar of motor vehicles shall	136298
determine from the applications on file in the bureau of motor	136299
vehicles the number of motor vehicles located within the territory	136300
comprising the village during the entire registration year in	136301
which the municipal corporation was incorporated. The registrar	136302
shall forthwith certify the number of motor vehicles so determined	136303
to the tax commissioner for use in distributing motor vehicle fuel	136304
tax funds to the village until the village is qualified to	136305
participate in the distribution of the funds pursuant to this	136306
division. The number of motor vehicle registrations shall be	136307
determined by the official records of the bureau of motor	136308
vehicles. The amount received by each municipal corporation shall	136309
be used to plan, construct, reconstruct, repave, widen, maintain,	136310
repair, clear, and clean public highways, roads, and streets; to	136311
maintain and repair bridges and viaducts; to purchase, erect, and	136312
maintain street and traffic signs and markers; to pay the costs	136313
apportioned to the municipal corporation under section 4907.47 of	136314
the Revised Code; to purchase, erect, and maintain traffic lights	136315
and signals; to pay the principal, interest, and charges on bonds	136316
and other obligations issued pursuant to Chapter 133. of the	136317
Revised Code or incurred pursuant to section 5531.09 of the	136318
Revised Code for the purpose of acquiring or constructing roads,	136319
highways, bridges, or viaducts or acquiring or making other	136320
highway improvements for which the municipal corporation may issue	136321
bonds; and to supplement revenue already available for these	136322
purposes.	136323

(2) The amount credited pursuant to division (B) of section	136324
5735.26 of the Revised Code shall be distributed among the	136325
municipal corporations within the state, in the proportion which	136326
the number of motor vehicles registered within each municipal	136327
corporation bears to the total number of motor vehicles registered	136328
within all the municipal corporations of the state during the	136329
preceding calendar year, as shown by the official records of the	136330
bureau of motor vehicles, and shall be expended by each municipal	136331
corporation to plan, construct, reconstruct, repave, widen,	136332
maintain, repair, clear, and clean public highways, roads, and	136333
streets; to maintain and repair bridges and viaducts; to purchase,	136334
erect, and maintain street and traffic signs and markers; to	136335
purchase, erect, and maintain traffic lights and signals; to pay	136336
costs apportioned to the municipal corporation under section	136337
4907.47 of the Revised Code; to pay the principal, interest, and	136338
charges on bonds and other obligations issued pursuant to Chapter	136339
133. of the Revised Code or incurred pursuant to section 5531.09	136340
of the Revised Code for the purpose of acquiring or constructing	136341
roads, highways, bridges, or viaducts or acquiring or making other	136342
highway improvements for which the municipal corporation may issue	136343
bonds; and to supplement revenue already available for these	136344
purposes.	136345

(3) The amount credited pursuant to divisions (B)(2)(b) and	136346
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	136347
equal proportions to the county treasurer of each county within	136348
the state and shall be used only for the purposes of planning,	136349
maintaining, and repairing the county system of public roads and	136350
highways within the county; the planning, construction, and repair	136351
of walks or paths along county roads in congested areas; the	136352
planning, construction, purchase, lease, and maintenance of	136353
suitable buildings for the housing and repair of county road	136354
machinery, housing of supplies, and housing of personnel	136355
associated with the machinery and supplies; the payment of costs	136356
apportioned to the county under section 4907.47 of the Revised	136357
Code; the payment of principal, interest, and charges on bonds and	136358
other obligations issued pursuant to Chapter 133. of the Revised	136359
Code or incurred pursuant to section 5531.09 of the Revised Code	136360
for the purpose of acquiring or constructing roads, highways,	136361
bridges, or viaducts or acquiring or making other highway	136362
improvements for which the board of county commissioners may issue	136363
bonds under that chapter; and the purchase, installation, and	136364
maintenance of traffic signal lights.	136365

(4) The amount credited pursuant to division (C) of section	136366
5735.26 of the Revised Code shall be paid in equal proportions to	136367
the county treasurer of each county for the purposes of planning,	136368
maintaining, constructing, widening, and reconstructing the county	136369
system of public roads and highways; paying principal, interest,	136370
and charges on bonds and other obligations issued pursuant to	136371
Chapter 133. of the Revised Code or incurred pursuant to section	136372
5531.09 of the Revised Code for the purpose of acquiring or	136373
constructing roads, highways, bridges, or viaducts or acquiring or	136374
making other highway improvements for which the board of county	136375
commissioners may issue bonds under that chapter; and paying costs	136376
apportioned to the county under section 4907.47 of the Revised	136377
Code.	136378

(5)(a) The amount credited pursuant to division (D) of	136379
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	136380
Revised Code shall be divided in equal proportions among the	136381
townships within the state.	136382

(b) As used in division (A)(5)(b) of this section, the	136383
"formula amount" for any township is the amount that would be	136384
allocated to that township if fifty per cent of the amount	136385
credited to townships pursuant to section 5735.291 of the Revised	136386
Code were allocated among townships in the state proportionate to	136387
the number of centerline miles within the boundaries of the	136388
respective townships, as determined annually by the department of	136389
transportation, and the other fifty per cent of the amount	136390
credited pursuant to section 5735.291 of the Revised Code were	136391
allocated among townships in the state proportionate to the number	136392
of motor vehicles registered within the respective townships, as	136393
determined annually by the records of the bureau of motor	136394
vehicles. The number of centerline miles within the boundaries of	136395
a township shall not include any centerline miles of township	136396
roads that have been placed on nonmaintained status by a board of	136397
township trustees pursuant to section 5571.20 of the Revised Code.	136398

Beginning on August 15, 2003, the tax levied by section	136399
5735.29 of the Revised Code shall be partially allocated to	136400
provide funding for townships. Each township shall receive the	136401
greater of the following two calculations:	136402

(i) The total statewide amount credited to townships under	136403
division (A) of section 5735.291 of the Revised Code divided by	136404
the number of townships in the state at the time of the	136405
calculation;	136406

(ii) Seventy per cent of the formula amount for that	136407
township.	136408

(c) The total difference between the amount of money credited	136409
to townships under division (A) of section 5735.291 of the Revised	136410
Code and the total amount of money required to make all the	136411
payments specified in division (A)(5)(b) of this section shall be	136412
deducted, in accordance with division (B) of section 5735.291 of	136413
the Revised Code, from the revenues resulting from the tax levied	136414
pursuant to section 5735.29 of the Revised Code prior to crediting	136415
portions of such revenues to counties, municipal corporations, and	136416
the highway operating fund.	136417

(d) All amounts credited pursuant to divisions (A)(5)(a) and	136418
(b) of this section shall be paid to the county treasurer of each	136419
county for the total amount payable to the townships within each	136420
of the counties. The county treasurer shall pay to each township	136421
within the county its proportional share of the funds, which shall	136422
be expended by each township only for the purposes of planning,	136423
constructing, maintaining, widening, and reconstructing the public	136424
roads and highways within the township, paying principal,	136425
interest, and charges on bonds and other obligations issued	136426
pursuant to Chapter 133. or 505. of the Revised Code or incurred	136427
pursuant to section 5531.09 of the Revised Code for the purpose of	136428
acquiring or constructing roads, highways, bridges, or viaducts or	136429
acquiring or making other highway improvements for which the board	136430
of township trustees may issue bonds under those chapters, and	136431
paying costs apportioned to the township under section 4907.47 of	136432
the Revised Code.	136433

No part of the funds designated for road and highway purposes	136434
shall be used for any purpose except to pay in whole or part the	136435
contract price of any such work done by contract, or to pay the	136436
cost of labor in planning, constructing, widening, and	136437
reconstructing such roads and highways, and the cost of materials	136438
forming a part of the improvement; provided that the funds may be	136439
used for the purchase of road machinery and equipment ~~and for~~, the	136440
planning, construction, and maintenance of suitable buildings for	136441
housing road machinery and equipment, and the payment of	136442
principal, interest, and charges on bonds and other obligations	136443
issued pursuant to Chapter 133. or 505. of the Revised Code for	136444
the purpose of purchasing road machinery and equipment or	136445
planning, constructing, and maintaining suitable buildings for	136446
housing road machinery and equipment; and provided that all such	136447
improvement of roads shall be under supervision and direction of	136448
the county engineer as provided in section 5575.07 of the Revised	136449
Code. No obligation against the funds shall be incurred unless	136450
plans and specifications for the improvement, approved by the	136451
county engineer, are on file in the office of the township fiscal	136452
officer, and all contracts for material and for work done by	136453
contract shall be approved by the county engineer before being	136454
signed by the board of township trustees. The board of township	136455
trustees of any township may pass a resolution permitting the	136456
board of county commissioners to expend the township's share of	136457
the funds, or any portion of it, for the improvement of the roads	136458
within the township as may be designated in the resolution.	136459

All investment earnings of the fund shall be credited to the	136460
fund.	136461

(B) Amounts credited to the highway operating fund pursuant	136462
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	136463
division (A) of section 5735.26 of the Revised Code shall be	136464
expended in the following manner:	136465

(1) The amount credited pursuant to divisions (B)(2)(c) and	136466
(C)(2)(d) of section 5735.23 of the Revised Code shall be	136467
apportioned to and expended by the department of transportation	136468
for the purposes of planning, maintaining, repairing, and keeping	136469
in passable condition for travel the roads and highways of the	136470
state required by law to be maintained by the department; paying	136471
the costs apportioned to the state under section 4907.47 of the	136472
Revised Code; paying that portion of the construction cost of a	136473
highway project which a county, township, or municipal corporation	136474
normally would be required to pay, but which the director of	136475
transportation, pursuant to division (B) of section 5531.08 of the	136476
Revised Code, determines instead will be paid from moneys in the	136477
highway operating fund; and paying the costs of the department of	136478
public safety in administering and enforcing the state law	136479
relating to the registration and operation of motor vehicles.	136480

(2) The amount credited pursuant to division (A) of section	136481
5735.26 of the Revised Code shall be used for paying the state's	136482
share of the cost of planning, constructing, widening,	136483
maintaining, and reconstructing the state highways; paying that	136484
portion of the construction cost of a highway project which a	136485
county, township, or municipal corporation normally would be	136486
required to pay, but which the director of transportation,	136487
pursuant to division (B) of section 5531.08 of the Revised Code,	136488
determines instead will be paid from moneys in the highway	136489
operating fund; and also for supplying the state's share of the	136490
cost of eliminating railway grade crossings upon such highways and	136491
costs apportioned to the state under section 4907.47 of the	136492
Revised Code. The director of transportation may expend portions	136493
of such amount upon extensions of state highways within municipal	136494
corporations or upon portions of state highways within municipal	136495
corporations, as is provided by law.	136496

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	136497
fuel dealer's entire business or discontinues operating that	136498
business, the taxes and any interest and penalties imposed under	136499
this chapter that arose prior to the date of sale or	136500
discontinuation become due and payable immediately. ~~The~~Within	136501
fifteen days after the date of the sale or discontinuation of the	136502
business, the motor fuel dealer shall make a final return ~~within~~	136503
~~fifteen days after the date of the sale or discontinuation of the~~	136504
~~business~~and provide written notification to the tax commissioner	136505
of the sale or discontinuation and the name and contact	136506
information of the purchaser, if applicable. The purchaser of the	136507
business shall withhold a sufficient amount of the purchase money	136508
to cover the amount of such taxes, interest, and penalties due and	136509
unpaid until the seller produces a receipt from the tax	136510
commissioner showing that the taxes, interest, and penalties have	136511
been paid, or until the seller produces a certificate indicating	136512
that no taxes, interest, and penalties are due.	136513

(B) If the purchaser of the business fails to withhold the	136514
purchase money required to be withheld under this section, the	136515
purchaser of the business is personally liable for the payment of	136516
the taxes, interest, and penalties accrued and unpaid during the	136517
operation of the business by the seller, but only to the extent of	136518
the consideration offered for the entire business.	136519

(C) For purposes of this section, "entire business" means	136520
substantially all of the seller's assets determined without regard	136521
to any then existing mortgages, liens, security interests or other	136522
encumbrances attaching to those assets. A person is considered to	136523
have sold the entire business only if the person ceases to qualify	136524
as a motor fuel dealer and has relinquished or the tax	136525
commissioner has canceled the person's motor fuel dealer's	136526
license.	136527

Sec. 5736.01. As used in this division:

136528

(A) "Calendar quarter" and "person" have the same meanings as	136529
in section 5751.01 of the Revised Code.	136530

(B) "Distribution system" means a bulk transfer or terminal	136531
system for the distribution of motor fuel consisting of	136532
refineries, pipelines, marine vessels, and terminals. For the	136533
purposes of this section, motor fuel that is in a refinery,	136534
pipeline, terminal, or marine vessel that is transporting motor	136535
fuel to a refinery or terminal is in a "distribution system."	136536
Motor fuel is "outside of a distribution system" if the fuel is in	136537
a fuel storage facility, including, but not limited to, a bulk	136538
plant that is not part of a refinery or terminal, the fuel supply	136539
tank of an engine or motor vehicle, a marine vessel transporting	136540
motor fuel to a fuel storage facility that is not in a	136541
distribution system, or a tank car, rail car, trailer, truck, or	136542
other equipment suitable for ground transportation.	136543

(C) "Dyed diesel fuel," "import," "motor fuel," "public	136544
highways," and "terminal" have the same meanings as in section	136545
5735.01 of the Revised Code.	136546

(D) "First sale of motor fuel within this state" means the	136547
initial sale of motor fuel when sold for delivery to a location in	136548
this state.	136549

(E) "Gross receipts" means the total amount received by a	136550
person, without deduction for the cost of goods sold or other	136551
expenses incurred, from the first sale of motor fuel within this	136552
state. For the purposes of division (E) of this section, "amount	136553
received" includes amounts accrued under the accrual method of	136554
accounting. "Gross receipts" shall not include any of the	136555
following amounts:	136556

(1) Receipts derived from the sale of motor fuel when sold	136557
for export to another state;	136558

(2) An amount equal to the federal and state excise taxes	136559
paid by the supplier on the motor fuel;	136560

(3) Bad debts from receipts on the basis of which the tax	136561
imposed by this chapter was paid in a prior quarterly tax payment	136562
period. For the purpose of this division, "bad debts" has the same	136563
meaning as in section 5751.01 of the Revised Code.	136564

(4) Any amount realized from the sale of an account	136565
receivable to the extent the receipts from the underlying	136566
transaction giving rise to the account receivable were included in	136567
the gross receipts of the taxpayer.	136568

(F) "Motor fuel used to propel vehicles on public highways	136569
and waterways" includes motor fuel used for the operation of	136570
licensed motor vehicles employed in the maintenance, construction,	136571
or repair of public highways. "Motor fuel used to propel vehicles	136572
on public highways and waterways" does not include dyed diesel	136573
fuel.	136574

(G) "Rack" means a mechanism capable of delivering motor fuel	136575
from a refinery, terminal, or marine vessel into a railroad tank	136576
car, transport truck, tank wagon, fuel supply tank, marine vessel,	136577
or other means of transport outside of a distribution system.	136578

(H) "Refinery" means a facility used to produce motor fuel	136579
and from which motor fuel may be removed by pipeline, by vessel,	136580
or at a rack.	136581

(I) "Supplier" means either of the following:

136582

(1) A person that sells, exchanges, transfers, or otherwise	136583
distributes motor fuel from a terminal or refinery rack to a point	136584
outside of a distribution system, if the person distributes such	136585
motor fuel at a location in this state;	136586

(2) A person that imports or causes the importation of motor	136587
fuel for sale, exchange, transfer, or other distribution by the	136588
person to a point outside of a distribution system in this state.	136589

(J) "Tax period" means the calendar quarter on the basis of	136590
which a taxpayer is required to pay the tax imposed under this	136591
chapter.	136592

(K) "Taxpayer" means a person subject to the tax imposed by	136593
this chapter.	136594

(L) "Waterways" means all streams, lakes, ponds, marshes,	136595
water courses, and all other bodies of surface water, natural or	136596
artificial, which are situated wholly or partially within this	136597
state or within its jurisdiction, except private impounded bodies	136598
of water.	136599

Sec. 5736.02. (A) Beginning with the tax period that	136600
commences July 1, 2014, and continuing for every tax period	136601
thereafter, there is hereby levied an excise tax on each supplier	136602
measured by the supplier's gross receipts derived from the first	136603
sale of motor fuel within this state. The tax shall be levied at a	136604
rate of six and five-tenths mills for each dollar of the	136605
supplier's gross receipts.	136606

All revenue from the tax shall be distributed as follows:

136607

(1) All revenue from the tax as measured by gross receipts	136608
derived from the sale of motor fuel used for propelling vehicles	136609
on public highways and waterways shall be used for the purposes of	136610
maintaining the state highway system, funding the enforcement of	136611
traffic laws, and covering the costs of hospitalization of	136612
indigent persons injured in motor vehicle accidents on the public	136613
highways.	136614

(2) All revenue not distributed as required by division	136615
(A)(1) of this section shall be used for the purpose of funding	136616
the needs of this state and its local governments.	136617

(B) The tax imposed by this section is in addition to any	136618
other taxes or fees imposed under the Revised Code.	136619

Sec. 5736.03. (A) No person shall avoid the tax imposed by	136620
this chapter by receiving motor fuel outside of this state and	136621
transferring the motor fuel into this state within one year. Any	136622
such person shall be considered to have received the fuel in this	136623
state and shall include as gross receipts the value of motor fuel	136624
the person transfers into this state within one year after the	136625
person receives the property outside of this state.	136626

(B) The tax commissioner may adopt rules necessary to	136627
administer this section.	136628

Sec. 5736.04. (A) Not later than the tenth day of the second	136629
month after the end of each calendar quarter, every taxpayer shall	136630
file with the tax commissioner a tax return in such form as the	136631
commissioner prescribes. The return shall include, but is not	136632
limited to, the amount of the taxpayer's gross receipts for the	136633
calendar quarter and shall indicate the amount of tax due under	136634
section 5736.02 of the Revised Code for the calendar quarter. The	136635
taxpayer shall indicate on each return the portion of the	136636
taxpayer's gross receipts attributable to motor fuel used for	136637
propelling vehicles on public highways and waterways and the	136638
portion of such receipts attributable to motor fuel used for other	136639
purposes.	136640

(B)(1) The taxpayer shall remit the tax shown to be due on	136641
the return, and, if required by the tax commissioner, file the	136642
return, electronically. The commissioner may require taxpayers to	136643
use the Ohio business gateway as defined in section 718.051 of the	136644
Revised Code to file return returns and remit the tax, or may	136645
provide another means for taxpayers to file and remit the tax	136646
electronically.	136647

(2) A person required by this section to remit taxes or file	136648
returns electronically may apply to the commissioner, on the form	136649
prescribed by the commissioner, to be excused from that	136650
requirement. The commissioner may excuse a person from such	136651
requirement for good cause.	136652

(C) The tax rate with respect to gross receipts for a	136653
calendar quarter is not fixed until the end of the measurement	136654
period for each calendar quarter. The total amount of gross	136655
receipts reported for a given calendar quarter shall be subject to	136656
the tax rate in effect in that quarter.	136657

Sec. 5736.05. (A) Any taxpayer that fails to file a return	136658
or pay the full amount of the tax due within the period prescribed	136659
therefor under this chapter shall pay a penalty in an amount not	136660
exceeding the greater of fifty dollars or ten per cent of the tax	136661
required to be paid for the tax period.	136662

(B)(1) If any additional tax is found to be due, the tax	136663
commissioner may impose an additional penalty of up to fifteen per	136664
cent on the additional tax found to be due.	136665

(2) Any delinquent payments of the tax made after a taxpayer	136666
is notified of an audit or a tax discrepancy by the commissioner	136667
is subject to the penalty imposed by division (B) of this section.	136668
If an assessment is issued under section 5736.09 of the Revised	136669
Code in connection with such delinquent payments, the payments	136670
shall be credited to the assessment.	136671

(C) If a person required to remit taxes or file a return	136672
electronically under section 5736.04 of the Revised Code fails to	136673
do so, the commissioner may impose a penalty not to exceed the	136674
following:	136675

(1) For either of the first two calendar quarters the person	136676
so fails, five per cent of the amount of the payment that was	136677
required to be remitted;	136678

(2) For the third and any subsequent calendar quarters the	136679
person so fails, ten per cent of the amount of the payment that	136680
was required to be remitted.	136681

(D) The tax commissioner may collect any penalty or interest	136682
imposed by this section in the same manner as the tax imposed	136683
under this chapter. Penalties and interest so collected shall be	136684
considered as revenue arising from the tax imposed under this	136685
chapter.	136686

(E) The tax commissioner may abate all or a portion of any	136687
penalties imposed under this section and may adopt rules governing	136688
such abatements.	136689

(F) If any tax due is not timely paid in accordance with this	136690
chapter, the taxpayer shall pay interest, calculated at the rate	136691
per annum prescribed by section 5703.47 of the Revised Code, from	136692
the date the tax payment was due to the date of payment or to the	136693
date an assessment was issued, whichever occurs first.	136694

Sec. 5736.06. (A) No person subject to the tax imposed by	136695
section 5736.02 of the Revised Code shall distribute, import, or	136696
cause the importation of motor fuel for consumption in this state	136697
without holding a supplier's license issued by the tax	136698
commissioner to engage in such activities.	136699

(B)(1) A person subject to the tax imposed by section 5736.02	136700
of the Revised Code shall, on or before March 1, 2014, or within	136701
thirty days of first becoming subject to the tax imposed by this	136702
chapter, whichever is earlier, apply to the tax commissioner for a	136703
supplier's license on the form prescribed by the commissioner.	136704

(2) Each person issued a supplier's license under division	136705
(B)(1) of this section shall apply to renew the license on or	136706
before the first day of March of each year.	136707

(3) With each license application submitted under division	136708
(B)(1) or (2) of this section, the applicant shall pay an	136709
application fee equal to one of the following amounts:	136710

(a) If the applicant solely imports or causes the importation	136711
of motor fuel for sale, exchange, or transfer by the person in	136712
this state, three hundred dollars;	136713

(b) If the applicant engages in activities in addition to	136714
those described in division (B)(3)(a) of this section, one	136715
thousand dollars.	136716

If an applicant timely submits an application under division	136717
(B)(1) of this section on or after the first day of September of	136718
any year, the fee that would apply to the applicant under division	136719
(B)(3)(a) or (b) of this section shall be reduced by one-half.	136720

(4) The failure to apply to the commissioner for a supplier's	136721
license does not relieve a person from the requirement to file	136722
returns and pay the tax imposed by this chapter.	136723

(C) The tax commissioner may refuse to issue a license to any	136724
applicant under this section in the following circumstances:	136725

(1) The applicant has previously had any license canceled for	136726
cause by the commissioner.	136727

(2) The commissioner believes that the application is not	136728
filed in good faith or is filed as a subterfuge in an attempt to	136729
procure a license for another person.	136730

(3) The applicant has violated any provision of this chapter.

136731

(D) If the tax commissioner refuses to issue a license to an	136732
applicant under this section, the applicant is entitled to a	136733
refund of the application fee in accordance with section 5736.08	136734
of the Revised Code. All application fees collected under this	136735
section shall be deposited into the motor fuel receipts tax	136736
administration fund created in section 5736.13 of the Revised	136737
Code.	136738

(E) No person shall make a false or fraudulent statement on	136739
an application required by this section.	136740

Sec. 5736.07. (A) If a taxpayer files a false return, fails	136741
to file a return as required by section 5736.04 of the Revised	136742
Code, or fails to pay the full amount of tax due with a return,	136743
the tax commissioner may revoke the supplier's license issued to	136744
the taxpayer under section 5736.06 of the Revised Code by	136745
notifying the taxpayer in writing of such revocation by certified	136746
mail sent to the last known address of the taxpayer appearing on	136747
the files of the commissioner.	136748

(B) Upon the request of a person that is no longer subject to	136749
the tax imposed by this chapter, the tax commissioner may cancel	136750
the supplier's license issued to the person under section 5736.06	136751
of the Revised Code. The cancellation shall become effective at	136752
the time determined by the commissioner. No license shall be	136753
canceled upon the request of any person unless, prior to the date	136754
of cancellation, the person has paid to the state all taxes	136755
payable by such person under the laws of the state, together with	136756
any interest and penalties.	136757

Sec. 5736.08. (A) An application for refund to the taxpayer	136758
of the amount of taxes imposed under this chapter that are	136759
overpaid, paid illegally or erroneously, or paid on any illegal or	136760
erroneous assessment shall be filed by the taxpayer with the tax	136761
commissioner, on the form prescribed by the commissioner, within	136762
four years after the date of the illegal or erroneous payment of	136763
the tax, or within any additional period allowed under division	136764
(F) of section 5736.09 of the Revised Code. The applicant shall	136765
provide the amount of the requested refund along with the claimed	136766
reasons for, and documentation to support, the issuance of a	136767
refund.	136768

(B) On the filing of the refund application, the commissioner	136769
shall determine the amount of refund to which the applicant is	136770
entitled. If the amount is not less than that claimed, the	136771
commissioner shall certify the amount to the director of budget	136772
and management and treasurer of state for payment from the tax	136773
refund fund created under section 5703.052 of the Revised Code. If	136774
the amount is less than that claimed, the commissioner shall	136775
proceed in accordance with section 5703.70 of the Revised Code.	136776

(C) Interest on a refund applied for under this section,	136777
computed at the rate provided for in section 5703.47 of the	136778
Revised Code, shall be allowed from the later of the date the tax	136779
was paid or when the tax payment was due.	136780

(D) Except as provided in section 5736.081 of the Revised	136781
Code, the commissioner may provide for the crediting against tax	136782
due for a tax period the amount of any refund due the taxpayer	136783
under this chapter for a preceding tax period.	136784

Sec. 5736.081. As used in this section, "debt to this state"	136785
means unpaid taxes due the state, unpaid workers' compensation	136786
premiums due under section 4123.35 of the Revised Code, unpaid	136787
unemployment compensation contributions due under section 4141.25	136788
of the Revised Code, unpaid unemployment compensation payment in	136789
lieu of contribution under section 4141.241 of the Revised Code,	136790
unpaid fees payable to the state or to the clerk of courts	136791
pursuant to section 4505.06 of the Revised Code, incorrect	136792
payments for medicaid services under the medicaid program, or any	136793
unpaid charge, penalty, or interest arising from any of the	136794
foregoing.	136795

If a taxpayer entitled to a refund under section 5736.08 of	136796
the Revised Code owes any debt to this state, the amount	136797
refundable may be applied in satisfaction of the debt. If the	136798
amount refundable is less than the amount of the debt, it may be	136799
applied in partial satisfaction of the debt. If the amount	136800
refundable is greater than the amount of the debt, the amount	136801
remaining after satisfaction of the debt shall be refunded. This	136802
section applies only to debts that have become final. For the	136803
purposes of this section, a debt becomes final when, under the	136804
applicable law, any time provided for petition for reassessment,	136805
request for reconsideration, or other appeal of the legality or	136806
validity of the amount giving rise to the debt expires without an	136807
appeal having been filed in the manner provided by law.	136808

Sec. 5736.09. (A) The tax commissioner may make an	136809
assessment, based on any information in the commissioner's	136810
possession, against any person that fails to file a return or pay	136811
any tax as required by this chapter. The commissioner shall give	136812
the person assessed written notice of the assessment as provided	136813
in section 5703.37 of the Revised Code. With the notice, the	136814
commissioner shall provide instructions on the manner in which to	136815
petition for reassessment and request a hearing with respect to	136816
the petition.	136817

(B) Unless the person assessed, within sixty days after	136818
service of the notice of assessment, files with the commissioner,	136819
either personally or by certified mail, a written petition signed	136820
by the person or the person's authorized agent having knowledge of	136821
the facts, the assessment becomes final, and the amount of the	136822
assessment is due and payable from the person assessed to the	136823
treasurer of state. The petition shall indicate the objections of	136824
the person assessed, but additional objections may be raised in	136825
writing if received by the commissioner prior to the date shown on	136826
the final determination.	136827

If a petition for reassessment has been properly filed, the	136828
commissioner shall proceed under section 5703.60 of the Revised	136829
Code.	136830

(C)(1) After an assessment becomes final, if any portion of	136831
the assessment, including accrued interest, remains unpaid, a	136832
certified copy of the commissioner's entry making the assessment	136833
final may be filed in the office of the clerk of the court of	136834
common pleas in the county in which the person resides or has its	136835
principal place of business in this state, or in the office of the	136836
clerk of court of common pleas of Franklin county.	136837

(2) Immediately upon the filing of the entry, the clerk shall	136838
enter judgment for the state against the person assessed in the	136839
amount shown on the entry. The judgment may be filed by the clerk	136840
in a loose-leaf book entitled, "special judgments for the motor	136841
fuel receipts tax" and shall have the same effect as other	136842
judgments. Execution shall issue upon the judgment at the request	136843
of the commissioner, and all laws applicable to sales on execution	136844
shall apply to sales made under the judgment.	136845

(3) If the assessment is not paid in its entirety within	136846
sixty days after the day the assessment was issued, the portion of	136847
the assessment consisting of tax due shall bear interest at the	136848
rate per annum prescribed by section 5703.47 of the Revised Code	136849
from the day the commissioner issues the assessment until it is	136850
paid or until it is certified to the attorney general for	136851
collection under section 131.02 of the Revised Code, whichever	136852
comes first. If the unpaid portion of the assessment is certified	136853
to the attorney general for collection, the entire unpaid portion	136854
of the assessment shall bear interest at the rate per annum	136855
prescribed by section 5703.47 of the Revised Code from the date of	136856
certification until the date it is paid in its entirety. Interest	136857
shall be paid in the same manner as the tax and may be collected	136858
by the issuance of an assessment under this section.	136859

(D) If the commissioner believes that collection of the tax	136860
will be jeopardized unless proceedings to collect or secure	136861
collection of the tax are instituted without delay, the	136862
commissioner may issue a jeopardy assessment against the person	136863
liable for the tax. Immediately upon the issuance of the jeopardy	136864
assessment, the commissioner shall file an entry with the clerk of	136865
the court of common pleas in the manner prescribed by division (C)	136866
of this section. Notice of the jeopardy assessment shall be served	136867
on the person assessed or the person's authorized agent in the	136868
manner provided in section 5703.37 of the Revised Code within five	136869
days of the filing of the entry with the clerk. The total amount	136870
assessed is immediately due and payable, unless the person	136871
assessed files a petition for reassessment in accordance with	136872
division (B) of this section and provides security in a form	136873
satisfactory to the commissioner and in an amount sufficient to	136874
satisfy the unpaid balance of the assessment. Full or partial	136875
payment of the assessment does not prejudice the commissioner's	136876
consideration of the petition for reassessment.	136877

(E) The commissioner shall immediately forward to the	136878
treasurer of state all amounts the commissioner receives under	136879
this section, and such amounts shall be considered as revenue	136880
arising from the tax imposed under this chapter.	136881

(F) Except as otherwise provided in this division, no	136882
assessment shall be made or issued against a taxpayer for the tax	136883
imposed under this chapter more than four years after the due date	136884
for the filing of the return for the tax period for which the tax	136885
was reported, or more than four years after the return for the tax	136886
period was filed, whichever is later. The time limit may be	136887
extended if both the taxpayer and the commissioner consent in	136888
writing to the extension or enter into an agreement waiving or	136889
extending the time limit. Any such extension shall extend the	136890
four-year time limit in division (A) of section 5736.08 of the	136891
Revised Code for the same period of time. Nothing in this division	136892
bars an assessment against a taxpayer that fails to file a return	136893
required by this chapter or that files a fraudulent return.	136894

(G) If the commissioner possesses information that indicates	136895
that the amount of tax a taxpayer is required to pay under this	136896
chapter exceeds the amount the taxpayer paid, the commissioner may	136897
audit a sample of the taxpayer's gross receipts over a	136898
representative period of time to ascertain the amount of tax due,	136899
and may issue an assessment based on the audit. The commissioner	136900
shall make a good faith effort to reach agreement with the	136901
taxpayer in selecting a representative sample. The commissioner	136902
may apply a sampling method only if the commissioner has	136903
prescribed the method by rule.	136904

(H) If the whereabouts of a person subject to this chapter is	136905
not known to the commissioner, the commissioner shall follow the	136906
procedures under section 5703.37 of the Revised Code.	136907

Sec. 5736.10. If any person liable for the tax imposed under	136908
this chapter sells the trade or business, disposes in any manner	136909
other than in the regular course of business at least seventy-five	136910
per cent of assets of the trade or business, or quits the trade or	136911
business, any tax owed by such person shall become due and payable	136912
immediately, and the person shall pay the tax under this section,	136913
including any applicable penalties and interest, within forty-five	136914
days after the date of selling or quitting the trade or business.	136915
The person's successor shall withhold a sufficient amount of the	136916
purchase money to cover the amount due and unpaid until the former	136917
owner produces a receipt from the tax commissioner showing that	136918
the amounts are paid or a certificate indicating that no taxes are	136919
due. If a purchaser fails to withhold purchase money, that person	136920
is personally liable up to the purchase money amount, for such	136921
amounts that are unpaid during the operation of the business by	136922
the former owner.	136923

The commissioner may adopt rules regarding the issuance of	136924
certificates under this section, including the waiver of the need	136925
for a certificate if certain criteria are met.	136926

Sec. 5736.11. If any person subject to this chapter fails to	136927
report or pay the tax as required under this chapter, or fails to	136928
pay any penalty imposed under this chapter within ninety days	136929
after the time prescribed for payment of the penalty, the attorney	136930
general, on the request of the tax commissioner, shall commence an	136931
action in quo warranto in the court of appeals of the county in	136932
which the person has its principal place of business to forfeit	136933
and annul its privileges or franchise within this state. If the	136934
court finds that the person is in default for the amount claimed,	136935
it shall render judgment revoking the person's privileges or	136936
franchise within this state and shall otherwise proceed as	136937
provided in Chapter 2733. of the Revised Code.	136938

Sec. 5736.12. The tax commissioner may prescribe	136939
requirements for the keeping of records and other pertinent	136940
documents, the filing of copies of federal income tax returns and	136941
determinations, and computations reconciling federal income tax	136942
returns with the returns and reports required by section 5736.04	136943
of the Revised Code. The commissioner may require any person, by	136944
rule or notice served on that person, to keep those records that	136945
the commissioner considers necessary to show whether, and the	136946
extent to which, a person is subject to this chapter. Those	136947
records and other documents shall be open during business hours to	136948
the inspection of the commissioner, and shall be preserved for a	136949
period of four years unless the commissioner, in writing, consents	136950
to their destruction within that period, or by order requires that	136951
they be kept longer. If such records are normally kept by the	136952
person electronically, the person shall provide such records to	136953
the commissioner electronically at the commissioner's request.	136954

Sec. 5736.13. (A) For the purpose of receiving, accounting	136955
for, and distributing revenue received from the tax imposed by	136956
section 5736.02 of the Revised Code, the following funds are	136957
hereby created in the state treasury:	136958

(1) The motor fuel receipts tax fund;

136959

(2) The motor fuel receipts tax administration fund. All	136960
amounts credited to the motor fuel receipts tax administration	136961
fund shall be used solely for the purpose of paying the expenses	136962
of the department of taxation incident to the administration of	136963
the tax imposed by section 5736.02 of the Revised Code.	136964

(3) The motor fuel receipts tax public highways fund.

136965

(B) All money collected from the tax imposed by section	136966
5736.02 of the Revised Code shall be deposited into the motor fuel	136967
receipts tax fund.	136968

(C) From the motor fuel receipts tax fund, the director of	136969
budget and management shall place to the credit of the tax refund	136970
fund established by section 5703.052 of the Revised Code amounts	136971
equal to the refunds certified by the tax commissioner pursuant to	136972
section 5736.08 of the Revised Code.	136973

(D) Not later than the last day of March, June, September,	136974
and December of each year, the director of budget and management	136975
shall provide for the transfer of the balance of the motor fuel	136976
receipts tax fund as of the last day of the preceding month,	136977
excluding any amounts required to be transferred as provided in	136978
division (C) of this section, as follows:	136979

(1) To the motor fuel receipts tax administration fund, one	136980
per cent;	136981

(2) To the motor fuel receipts tax public highways fund, an	136982
amount that bears the same ratio to the balance in the motor fuel	136983
tax receipts fund, after subtracting the amount transferred under	136984
division (D)(1) of this section, that (a) the gross receipts	136985
attributed to motor fuel used for propelling vehicles on public	136986
highways and waterways as indicated by returns filed by the last	136987
day of the preceding month, bears to (b) all gross receipts as	136988
indicated by those returns;	136989

(3) To the general revenue fund, the amount remaining after	136990
the transfers required by divisions (D)(1) and (2) of this	136991
section.	136992

Sec. 5736.14. (A)(1) If any person, regardless of	136993
organizational form, required to file reports and to remit taxes	136994
imposed under this chapter fails for any reason to file such	136995
reports or pay such taxes, any employees of the person having	136996
control or supervision of, or charged with the responsibility of,	136997
filing reports and making payments, or any officers or trustees of	136998
the person responsible for the execution of the person's fiscal	136999
responsibilities, are personally liable for the failure.	137000

(2) The dissolution, termination, or bankruptcy of a person	137001
shall not discharge a responsible officer's, shareholder's,	137002
member's, manager's, employee's, or trustee's liability for	137003
failure of the person to file reports or remit taxes. The sum due	137004
for the liability may be collected by assessment in the manner	137005
provided in section 5736.09 of the Revised Code.	137006

(B) If more than one individual is personally liable under	137007
this section for the unpaid tax of a person, then the liability of	137008
all such individuals shall be joint and several.	137009

Sec. 5736.99. (A) Any person that files a fraudulent refund	137010
claim under section 5736.08 of the Revised Code shall be fined the	137011
greater of not more than one thousand dollars or the amount of the	137012
fraudulent refund requested or imprisoned not more than sixty	137013
days, or both.	137014

(B) Except as provided in this section, whoever violates any	137015
section of this chapter, or any rule adopted by the tax	137016
commissioner under this chapter, shall be fined not more than five	137017
hundred dollars or imprisoned not more than thirty days, or both.	137018

(C) Any person that is subject to the tax imposed by this	137019
chapter and that is found to be engaged in distributing,	137020
importing, or causing the importation of motor fuel for	137021
consumption in this state without a license as required by section	137022
5736.06 of the Revised Code shall be fined not more than one	137023
thousand dollars or imprisoned not more than one hundred eighty	137024
days, or both.	137025

(D) The penalties provided in this section are in addition to	137026
any penalties imposed by the tax commissioner under section	137027
5736.05 of the Revised Code.	137028

Sec. 5739.01. As used in this chapter:

137029

(A) "Person" includes individuals, receivers, assignees,	137030
trustees in bankruptcy, estates, firms, partnerships,	137031
associations, joint-stock companies, joint ventures, clubs,	137032
societies, corporations, the state and its political subdivisions,	137033
and combinations of individuals of any form.	137034

(B) "Sale" and "selling" include all of the following	137035
transactions for a consideration in any manner, whether absolutely	137036
or conditionally, whether for a price or rental, in money or by	137037
exchange, and by any means whatsoever:	137038

(1) All transactions by which title or possession, or both,	137039
of tangible personal property, is or is to be transferred, or a	137040
license to use or consume tangible personal property is or is to	137041
be granted;	137042

(2) All transactions by which lodging by a hotel is or is to	137043
be furnished to transient guests;	137044

(3) All transactions by which:

137045

(a) An item of tangible personal property is or is to be	137046
repaired, except property, the purchase of which would not be	137047
subject to the tax imposed by section 5739.02 of the Revised Code;	137048

(b) An item of tangible personal property is or is to be	137049
installed, except property, the purchase of which would not be	137050
subject to the tax imposed by section 5739.02 of the Revised Code	137051
or property that is or is to be incorporated into and will become	137052
a part of a production, transmission, transportation, or	137053
distribution system for the delivery of a public utility service;	137054

(c) The service of washing, cleaning, waxing, polishing, or	137055
painting a motor vehicle is or is to be furnished;	137056

(d) Until August 1, 2003, industrial laundry cleaning	137057
services are or are to be provided and, on and after August 1,	137058
2003, laundry and dry cleaning services are or are to be provided;	137059

(e) Automatic data processing, computer services, or	137060
electronic information services are or are to be provided for use	137061
in business when the true object of the transaction is the receipt	137062
by the consumer of automatic data processing, computer services,	137063
or electronic information services rather than the receipt of	137064
personal or professional services to which automatic data	137065
processing, computer services, or electronic information services	137066
are incidental or supplemental. Notwithstanding any other	137067
provision of this chapter, such transactions that occur between	137068
members of an affiliated group are not sales. An "affiliated	137069
group" means two or more persons related in such a way that one	137070
person owns or controls the business operation of another member	137071
of the group. In the case of corporations with stock, one	137072
corporation owns or controls another if it owns more than fifty	137073
per cent of the other corporation's common stock with voting	137074
rights.	137075

(f) Telecommunications service, including prepaid calling	137076
service, prepaid wireless calling service, or ancillary service,	137077
is or is to be provided, but not including coin-operated telephone	137078
service;	137079

(g) Landscaping and lawn care service is or is to be	137080
provided;	137081

(h) Private investigation and security service is or is to be	137082
provided;	137083

(i) Information services or tangible personal property is	137084
provided or ordered by means of a nine hundred telephone call;	137085

(j) Building maintenance and janitorial service is or is to	137086
be provided;	137087

(k) Employment service is or is to be provided;

137088

(l) Employment placement service is or is to be provided;

137089

(m) Exterminating service is or is to be provided;

137090

(n) Physical fitness facility service is or is to be	137091
provided;	137092

(o) Recreation and sports club service is or is to be	137093
provided;	137094

(p) On and after August 1, 2003, satellite broadcasting	137095
service is or is to be provided;	137096

(q) On and after August 1, 2003, personal care service is or	137097
is to be provided to an individual. As used in this division,	137098
"personal care service" includes skin care, the application of	137099
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	137100
piercing, tanning, massage, and other similar services. "Personal	137101
care service" does not include a service provided by or on the	137102
order of a licensed physician or licensed chiropractor, or the	137103
cutting, coloring, or styling of an individual's hair.	137104

(r) On and after August 1, 2003, the transportation of	137105
persons by motor vehicle or aircraft is or is to be provided, when	137106
the transportation is entirely within this state, except for	137107
transportation provided by an ambulance service, by a transit bus,	137108
as defined in section 5735.01 of the Revised Code, and	137109
transportation provided by a citizen of the United States holding	137110
a certificate of public convenience and necessity issued under 49	137111
U.S.C. 41102;	137112

(s) On and after August 1, 2003, motor vehicle towing service	137113
is or is to be provided. As used in this division, "motor vehicle	137114
towing service" means the towing or conveyance of a wrecked,	137115
disabled, or illegally parked motor vehicle.	137116

(t) On and after August 1, 2003, snow removal service is or	137117
is to be provided. As used in this division, "snow removal	137118
service" means the removal of snow by any mechanized means, but	137119
does not include the providing of such service by a person that	137120
has less than five thousand dollars in sales of such service	137121
during the calendar year.	137122

(u) Electronic publishing service is or is to be provided to	137123
a consumer for use in business, except that such transactions	137124
occurring between members of an affiliated group, as defined in	137125
division (B)(3)(e) of this section, are not sales.	137126

(4) All transactions by which printed, imprinted,	137127
overprinted, lithographic, multilithic, blueprinted, photostatic,	137128
or other productions or reproductions of written or graphic matter	137129
are or are to be furnished or transferred;	137130

(5) The production or fabrication of tangible personal	137131
property for a consideration for consumers who furnish either	137132
directly or indirectly the materials used in the production of	137133
fabrication work; and include the furnishing, preparing, or	137134
serving for a consideration of any tangible personal property	137135
consumed on the premises of the person furnishing, preparing, or	137136
serving such tangible personal property. Except as provided in	137137
section 5739.03 of the Revised Code, a construction contract	137138
pursuant to which tangible personal property is or is to be	137139
incorporated into a structure or improvement on and becoming a	137140
part of real property is not a sale of such tangible personal	137141
property. The construction contractor is the consumer of such	137142
tangible personal property, provided that the sale and	137143
installation of carpeting, the sale and installation of	137144
agricultural land tile, the sale and erection or installation of	137145
portable grain bins, or the provision of landscaping and lawn care	137146
service and the transfer of property as part of such service is	137147
never a construction contract.	137148

As used in division (B)(5) of this section:

137149

(a) "Agricultural land tile" means fired clay or concrete	137150
tile, or flexible or rigid perforated plastic pipe or tubing,	137151
incorporated or to be incorporated into a subsurface drainage	137152
system appurtenant to land used or to be used primarily in	137153
production by farming, agriculture, horticulture, or floriculture.	137154
The term does not include such materials when they are or are to	137155
be incorporated into a drainage system appurtenant to a building	137156
or structure even if the building or structure is used or to be	137157
used in such production.	137158

(b) "Portable grain bin" means a structure that is used or to	137159
be used by a person engaged in farming or agriculture to shelter	137160
the person's grain and that is designed to be disassembled without	137161
significant damage to its component parts.	137162

(6) All transactions in which all of the shares of stock of a	137163
closely held corporation are transferred, or an ownership interest	137164
in a pass-through entity, as defined in section 5733.04 of the	137165
Revised Code, is transferred, if the corporation or pass-through	137166
entity is not engaging in business and its entire assets consist	137167
of boats, planes, motor vehicles, or other tangible personal	137168
property operated primarily for the use and enjoyment of the	137169
shareholders or owners;	137170

(7) All transactions in which a warranty, maintenance or	137171
service contract, or similar agreement by which the vendor of the	137172
warranty, contract, or agreement agrees to repair or maintain the	137173
tangible personal property of the consumer is or is to be	137174
provided;	137175

(8) The transfer of copyrighted motion picture films used	137176
solely for advertising purposes, except that the transfer of such	137177
films for exhibition purposes is not a sale;	137178

(9) On and after August 1, 2003, all transactions by which	137179
tangible personal property is or is to be stored, except such	137180
property that the consumer of the storage holds for sale in the	137181
regular course of business;	137182

(10) All transactions in which "guaranteed auto protection"	137183
is provided whereby a person promises to pay to the consumer the	137184
difference between the amount the consumer receives from motor	137185
vehicle insurance and the amount the consumer owes to a person	137186
holding title to or a lien on the consumer's motor vehicle in the	137187
event the consumer's motor vehicle suffers a total loss under the	137188
terms of the motor vehicle insurance policy or is stolen and not	137189
recovered, if the protection and its price are included in the	137190
purchase or lease agreement;	137191

(11)(a) Except as provided in division (B)(11)(b) of this	137192
section, on and after October 1, 2009, all transactions by which	137193
health care services are paid for, reimbursed, provided,	137194
delivered, arranged for, or otherwise made available by a medicaid	137195
health insuring corporation pursuant to the corporation's contract	137196
with the state.	137197

(b) If the centers for medicare and medicaid services of the	137198
United States department of health and human services determines	137199
that the taxation of transactions described in division (B)(11)(a)	137200
of this section constitutes an impermissible health care-related	137201
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	137202
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	137203
regulations adopted thereunder, the medicaid director ~~of job and~~	137204
~~family services~~ shall notify the tax commissioner of that	137205
determination. Beginning with the first day of the month following	137206
that notification, the transactions described in division	137207
(B)(11)(a) of this section are not sales for the purposes of this	137208
chapter or Chapter 5741. of the Revised Code. The tax commissioner	137209
shall order that the collection of taxes under sections 5739.02,	137210
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	137211
5741.023 of the Revised Code shall cease for transactions	137212
occurring on or after that date.	137213

Except as provided in this section, "sale" and "selling" do	137214
not include transfers of interest in leased property where the	137215
original lessee and the terms of the original lease agreement	137216
remain unchanged, or professional, insurance, or personal service	137217
transactions that involve the transfer of tangible personal	137218
property as an inconsequential element, for which no separate	137219
charges are made.	137220

(C) "Vendor" means the person providing the service or by	137221
whom the transfer effected or license given by a sale is or is to	137222
be made or given and, for sales described in division (B)(3)(i) of	137223
this section, the telecommunications service vendor that provides	137224
the nine hundred telephone service; if two or more persons are	137225
engaged in business at the same place of business under a single	137226
trade name in which all collections on account of sales by each	137227
are made, such persons shall constitute a single vendor.	137228

Physicians, dentists, hospitals, and veterinarians who are	137229
engaged in selling tangible personal property as received from	137230
others, such as eyeglasses, mouthwashes, dentifrices, or similar	137231
articles, are vendors. Veterinarians who are engaged in	137232
transferring to others for a consideration drugs, the dispensing	137233
of which does not require an order of a licensed veterinarian or	137234
physician under federal law, are vendors.	137235

(D)(1) "Consumer" means the person for whom the service is	137236
provided, to whom the transfer effected or license given by a sale	137237
is or is to be made or given, to whom the service described in	137238
division (B)(3)(f) or (i) of this section is charged, or to whom	137239
the admission is granted.	137240

(2) Physicians, dentists, hospitals, and blood banks operated	137241
by nonprofit institutions and persons licensed to practice	137242
veterinary medicine, surgery, and dentistry are consumers of all	137243
tangible personal property and services purchased by them in	137244
connection with the practice of medicine, dentistry, the rendition	137245
of hospital or blood bank service, or the practice of veterinary	137246
medicine, surgery, and dentistry. In addition to being consumers	137247
of drugs administered by them or by their assistants according to	137248
their direction, veterinarians also are consumers of drugs that	137249
under federal law may be dispensed only by or upon the order of a	137250
licensed veterinarian or physician, when transferred by them to	137251
others for a consideration to provide treatment to animals as	137252
directed by the veterinarian.	137253

(3) A person who performs a facility management, or similar	137254
service contract for a contractee is a consumer of all tangible	137255
personal property and services purchased for use in connection	137256
with the performance of such contract, regardless of whether title	137257
to any such property vests in the contractee. The purchase of such	137258
property and services is not subject to the exception for resale	137259
under division (E)(1) of this section.	137260

(4)(a) In the case of a person who purchases printed matter	137261
for the purpose of distributing it or having it distributed to the	137262
public or to a designated segment of the public, free of charge,	137263
that person is the consumer of that printed matter, and the	137264
purchase of that printed matter for that purpose is a sale.	137265

(b) In the case of a person who produces, rather than	137266
purchases, printed matter for the purpose of distributing it or	137267
having it distributed to the public or to a designated segment of	137268
the public, free of charge, that person is the consumer of all	137269
tangible personal property and services purchased for use or	137270
consumption in the production of that printed matter. That person	137271
is not entitled to claim exemption under division (B)(42)(f) of	137272
section 5739.02 of the Revised Code for any material incorporated	137273
into the printed matter or any equipment, supplies, or services	137274
primarily used to produce the printed matter.	137275

(c) The distribution of printed matter to the public or to a	137276
designated segment of the public, free of charge, is not a sale to	137277
the members of the public to whom the printed matter is	137278
distributed or to any persons who purchase space in the printed	137279
matter for advertising or other purposes.	137280

(5) A person who makes sales of any of the services listed in	137281
division (B)(3) of this section is the consumer of any tangible	137282
personal property used in performing the service. The purchase of	137283
that property is not subject to the resale exception under	137284
division (E)(1) of this section.	137285

(6) A person who engages in highway transportation for hire	137286
is the consumer of all packaging materials purchased by that	137287
person and used in performing the service, except for packaging	137288
materials sold by such person in a transaction separate from the	137289
service.	137290

(7) In the case of a transaction for health care services	137291
under division (B)(11) of this section, a medicaid health insuring	137292
corporation is the consumer of such services. The purchase of such	137293
services by a medicaid health insuring corporation is not subject	137294
to the exception for resale under division (E)(1) of this section	137295
or to the exemptions provided under divisions (B)(12), (18), (19),	137296
and (22) of section 5739.02 of the Revised Code.	137297

(E) "Retail sale" and "sales at retail" include all sales,	137298
except those in which the purpose of the consumer is to resell the	137299
thing transferred or benefit of the service provided, by a person	137300
engaging in business, in the form in which the same is, or is to	137301
be, received by the person.	137302

(F) "Business" includes any activity engaged in by any person	137303
with the object of gain, benefit, or advantage, either direct or	137304
indirect. "Business" does not include the activity of a person in	137305
managing and investing the person's own funds.	137306

(G) "Engaging in business" means commencing, conducting, or	137307
continuing in business, and liquidating a business when the	137308
liquidator thereof holds itself out to the public as conducting	137309
such business. Making a casual sale is not engaging in business.	137310

(H)(1)(a) "Price," except as provided in divisions (H)(2),	137311
(3), and (4) of this section, means the total amount of	137312
consideration, including cash, credit, property, and services, for	137313
which tangible personal property or services are sold, leased, or	137314
rented, valued in money, whether received in money or otherwise,	137315
without any deduction for any of the following:	137316

(i) The vendor's cost of the property sold;

137317

(ii) The cost of materials used, labor or service costs,	137318
interest, losses, all costs of transportation to the vendor, all	137319
taxes imposed on the vendor, including the tax imposed under	137320
Chapter 5751. of the Revised Code, and any other expense of the	137321
vendor;	137322

(iii) Charges by the vendor for any services necessary to	137323
complete the sale;	137324

(iv) On and after August 1, 2003, delivery charges. As used	137325
in this division, "delivery charges" means charges by the vendor	137326
for preparation and delivery to a location designated by the	137327
consumer of tangible personal property or a service, including	137328
transportation, shipping, postage, handling, crating, and packing.	137329

(v) Installation charges;

137330

(vi) Credit for any trade-in.

137331

(b) "Price" includes consideration received by the vendor	137332
from a third party, if the vendor actually receives the	137333
consideration from a party other than the consumer, and the	137334
consideration is directly related to a price reduction or discount	137335
on the sale; the vendor has an obligation to pass the price	137336
reduction or discount through to the consumer; the amount of the	137337
consideration attributable to the sale is fixed and determinable	137338
by the vendor at the time of the sale of the item to the consumer;	137339
and one of the following criteria is met:	137340

(i) The consumer presents a coupon, certificate, or other	137341
document to the vendor to claim a price reduction or discount	137342
where the coupon, certificate, or document is authorized,	137343
distributed, or granted by a third party with the understanding	137344
that the third party will reimburse any vendor to whom the coupon,	137345
certificate, or document is presented;	137346

(ii) The consumer identifies the consumer's self to the	137347
seller as a member of a group or organization entitled to a price	137348
reduction or discount. A preferred customer card that is available	137349
to any patron does not constitute membership in such a group or	137350
organization.	137351

(iii) The price reduction or discount is identified as a	137352
third party price reduction or discount on the invoice received by	137353
the consumer, or on a coupon, certificate, or other document	137354
presented by the consumer.	137355

137356

(i) Discounts, including cash, term, or coupons that are not	137357
reimbursed by a third party that are allowed by a vendor and taken	137358
by a consumer on a sale;	137359

(ii) Interest, financing, and carrying charges from credit	137360
extended on the sale of tangible personal property or services, if	137361
the amount is separately stated on the invoice, bill of sale, or	137362
similar document given to the purchaser;	137363

(iii) Any taxes legally imposed directly on the consumer that	137364
are separately stated on the invoice, bill of sale, or similar	137365
document given to the consumer. For the purpose of this division,	137366
the tax imposed under Chapter 5751. of the Revised Code is not a	137367
tax directly on the consumer, even if the tax or a portion thereof	137368
is separately stated.	137369

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	137370
section, any discount allowed by an automobile manufacturer to its	137371
employee, or to the employee of a supplier, on the purchase of a	137372
new motor vehicle from a new motor vehicle dealer in this state.	137373

(v) The dollar value of a gift card that is not sold by a	137374
vendor or purchased by a consumer and that is redeemed by the	137375
consumer in purchasing tangible personal property or services if	137376
the vendor is not reimbursed and does not receive compensation	137377
from a third party to cover all or part of the gift card value.	137378
For the purposes of this division, a gift card is not sold by a	137379
vendor or purchased by a consumer if it is distributed pursuant to	137380
an awards, loyalty, or promotional program. Past and present	137381
purchases of tangible personal property or services by the	137382
consumer shall not be treated as consideration exchanged for a	137383
gift card.	137384

(2) In the case of a sale of any new motor vehicle by a new	137385
motor vehicle dealer, as defined in section 4517.01 of the Revised	137386
Code, in which another motor vehicle is accepted by the dealer as	137387
part of the consideration received, "price" has the same meaning	137388
as in division (H)(1) of this section, reduced by the credit	137389
afforded the consumer by the dealer for the motor vehicle received	137390
in trade.	137391

(3) In the case of a sale of any watercraft or outboard motor	137392
by a watercraft dealer licensed in accordance with section	137393
1547.543 of the Revised Code, in which another watercraft,	137394
watercraft and trailer, or outboard motor is accepted by the	137395
dealer as part of the consideration received, "price" has the same	137396
meaning as in division (H)(1) of this section, reduced by the	137397
credit afforded the consumer by the dealer for the watercraft,	137398
watercraft and trailer, or outboard motor received in trade. As	137399
used in this division, "watercraft" includes an outdrive unit	137400
attached to the watercraft.	137401

(4) In the case of transactions for health care services	137402
under division (B)(11) of this section, "price" means the amount	137403
of managed care premiums received each month by a medicaid health	137404
insuring corporation.	137405

(I) "Receipts" means the total amount of the prices of the	137406
sales of vendors, provided that the dollar value of gift cards	137407
distributed pursuant to an awards, loyalty, or promotional	137408
program, and cash discounts allowed and taken on sales at the time	137409
they are consummated are not included, minus any amount deducted	137410
as a bad debt pursuant to section 5739.121 of the Revised Code.	137411
"Receipts" does not include the sale price of property returned or	137412
services rejected by consumers when the full sale price and tax	137413
are refunded either in cash or by credit.	137414

(J) "Place of business" means any location at which a person	137415
engages in business.	137416

(K) "Premises" includes any real property or portion thereof	137417
upon which any person engages in selling tangible personal	137418
property at retail or making retail sales and also includes any	137419
real property or portion thereof designated for, or devoted to,	137420
use in conjunction with the business engaged in by such person.	137421

(L) "Casual sale" means a sale of an item of tangible	137422
personal property that was obtained by the person making the sale,	137423
through purchase or otherwise, for the person's own use and was	137424
previously subject to any state's taxing jurisdiction on its sale	137425
or use, and includes such items acquired for the seller's use that	137426
are sold by an auctioneer employed directly by the person for such	137427
purpose, provided the location of such sales is not the	137428
auctioneer's permanent place of business. As used in this	137429
division, "permanent place of business" includes any location	137430
where such auctioneer has conducted more than two auctions during	137431
the year.	137432

(M) "Hotel" means every establishment kept, used, maintained,	137433
advertised, or held out to the public to be a place where sleeping	137434
accommodations are offered to guests, in which five or more rooms	137435
are used for the accommodation of such guests, whether the rooms	137436
are in one or several structures, except as otherwise provided in	137437
division (G) of section 5739.09 of the Revised Code.	137438

(N) "Transient guests" means persons occupying a room or	137439
rooms for sleeping accommodations for less than thirty consecutive	137440
days.	137441

(O) "Making retail sales" means the effecting of transactions	137442
wherein one party is obligated to pay the price and the other	137443
party is obligated to provide a service or to transfer title to or	137444
possession of the item sold. "Making retail sales" does not	137445
include the preliminary acts of promoting or soliciting the retail	137446
sales, other than the distribution of printed matter which	137447
displays or describes and prices the item offered for sale, nor	137448
does it include delivery of a predetermined quantity of tangible	137449
personal property or transportation of property or personnel to or	137450
from a place where a service is performed.	137451

(P) "Used directly in the rendition of a public utility	137452
service" means that property that is to be incorporated into and	137453
will become a part of the consumer's production, transmission,	137454
transportation, or distribution system and that retains its	137455
classification as tangible personal property after such	137456
incorporation; fuel or power used in the production, transmission,	137457
transportation, or distribution system; and tangible personal	137458
property used in the repair and maintenance of the production,	137459
transmission, transportation, or distribution system, including	137460
only such motor vehicles as are specially designed and equipped	137461
for such use. Tangible personal property and services used	137462
primarily in providing highway transportation for hire are not	137463
used directly in the rendition of a public utility service. In	137464
this definition, "public utility" includes a citizen of the United	137465
States holding, and required to hold, a certificate of public	137466
convenience and necessity issued under 49 U.S.C. 41102.	137467

(Q) "Refining" means removing or separating a desirable	137468
product from raw or contaminated materials by distillation or	137469
physical, mechanical, or chemical processes.	137470

(R) "Assembly" and "assembling" mean attaching or fitting	137471
together parts to form a product, but do not include packaging a	137472
product.	137473

(S) "Manufacturing operation" means a process in which	137474
materials are changed, converted, or transformed into a different	137475
state or form from which they previously existed and includes	137476
refining materials, assembling parts, and preparing raw materials	137477
and parts by mixing, measuring, blending, or otherwise committing	137478
such materials or parts to the manufacturing process.	137479
"Manufacturing operation" does not include packaging.	137480

(T) "Fiscal officer" means, with respect to a regional	137481
transit authority, the secretary-treasurer thereof, and with	137482
respect to a county that is a transit authority, the fiscal	137483
officer of the county transit board if one is appointed pursuant	137484
to section 306.03 of the Revised Code or the county auditor if the	137485
board of county commissioners operates the county transit system.	137486

(U) "Transit authority" means a regional transit authority	137487
created pursuant to section 306.31 of the Revised Code or a county	137488
in which a county transit system is created pursuant to section	137489
306.01 of the Revised Code. For the purposes of this chapter, a	137490
transit authority must extend to at least the entire area of a	137491
single county. A transit authority that includes territory in more	137492
than one county must include all the area of the most populous	137493
county that is a part of such transit authority. County population	137494
shall be measured by the most recent census taken by the United	137495
States census bureau.	137496

(V) "Legislative authority" means, with respect to a regional	137497
transit authority, the board of trustees thereof, and with respect	137498
to a county that is a transit authority, the board of county	137499
commissioners.	137500

(W) "Territory of the transit authority" means all of the	137501
area included within the territorial boundaries of a transit	137502
authority as they from time to time exist. Such territorial	137503
boundaries must at all times include all the area of a single	137504
county or all the area of the most populous county that is a part	137505
of such transit authority. County population shall be measured by	137506
the most recent census taken by the United States census bureau.	137507

(X) "Providing a service" means providing or furnishing	137508
anything described in division (B)(3) of this section for	137509
consideration.	137510

(Y)(1)(a) "Automatic data processing" means processing of	137511
others' data, including keypunching or similar data entry services	137512
together with verification thereof, or providing access to	137513
computer equipment for the purpose of processing data.	137514

(b) "Computer services" means providing services consisting	137515
of specifying computer hardware configurations and evaluating	137516
technical processing characteristics, computer programming, and	137517
training of computer programmers and operators, provided in	137518
conjunction with and to support the sale, lease, or operation of	137519
taxable computer equipment or systems.	137520

(c) "Electronic information services" means providing access	137521
to computer equipment by means of telecommunications equipment for	137522
the purpose of either of the following:	137523

(i) Examining or acquiring data stored in or accessible to	137524
the computer equipment;	137525

(ii) Placing data into the computer equipment to be retrieved	137526
by designated recipients with access to the computer equipment.	137527

For transactions occurring on or after the effective date of	137528
the amendment of this section by H.B. 157 of the 127th general	137529
assembly, December 21, 2007, "electronic information services"	137530
does not include electronic publishing as defined in division	137531
(LLL) of this section.	137532

(d) "Automatic data processing, computer services, or	137533
electronic information services" shall not include personal or	137534
professional services.	137535

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	137536
section, "personal and professional services" means all services	137537
other than automatic data processing, computer services, or	137538
electronic information services, including but not limited to:	137539

(a) Accounting and legal services such as advice on tax	137540
matters, asset management, budgetary matters, quality control,	137541
information security, and auditing and any other situation where	137542
the service provider receives data or information and studies,	137543
alters, analyzes, interprets, or adjusts such material;	137544

(b) Analyzing business policies and procedures;

137545

137546

(d) Feasibility studies, including economic and technical	137547
analysis of existing or potential computer hardware or software	137548
needs and alternatives;	137549

(e) Designing policies, procedures, and custom software for	137550
collecting business information, and determining how data should	137551
be summarized, sequenced, formatted, processed, controlled, and	137552
reported so that it will be meaningful to management;	137553

(f) Developing policies and procedures that document how	137554
business events and transactions are to be authorized, executed,	137555
and controlled;	137556

(g) Testing of business procedures;

137557

(h) Training personnel in business procedure applications;

137558

(i) Providing credit information to users of such information	137559
by a consumer reporting agency, as defined in the "Fair Credit	137560
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	137561
as hereafter amended, including but not limited to gathering,	137562
organizing, analyzing, recording, and furnishing such information	137563
by any oral, written, graphic, or electronic medium;	137564

(j) Providing debt collection services by any oral, written,	137565
graphic, or electronic means.	137566

The services listed in divisions (Y)(2)(a) to (j) of this	137567
section are not automatic data processing or computer services.	137568

(Z) "Highway transportation for hire" means the	137569
transportation of personal property belonging to others for	137570
consideration by any of the following:	137571

(1) The holder of a permit or certificate issued by this	137572
state or the United States authorizing the holder to engage in	137573
transportation of personal property belonging to others for	137574
consideration over or on highways, roadways, streets, or any	137575
similar public thoroughfare;	137576

(2) A person who engages in the transportation of personal	137577
property belonging to others for consideration over or on	137578
highways, roadways, streets, or any similar public thoroughfare	137579
but who could not have engaged in such transportation on December	137580
11, 1985, unless the person was the holder of a permit or	137581
certificate of the types described in division (Z)(1) of this	137582
section;	137583

(3) A person who leases a motor vehicle to and operates it	137584
for a person described by division (Z)(1) or (2) of this section.	137585

(AA)(1) "Telecommunications service" means the electronic	137586
transmission, conveyance, or routing of voice, data, audio, video,	137587
or any other information or signals to a point, or between or	137588
among points. "Telecommunications service" includes such	137589
transmission, conveyance, or routing in which computer processing	137590
applications are used to act on the form, code, or protocol of the	137591
content for purposes of transmission, conveyance, or routing	137592
without regard to whether the service is referred to as voice-over	137593
internet protocol service or is classified by the federal	137594
communications commission as enhanced or value-added.	137595
"Telecommunications service" does not include any of the	137596
following:	137597

(a) Data processing and information services that allow data	137598
to be generated, acquired, stored, processed, or retrieved and	137599
delivered by an electronic transmission to a consumer where the	137600
consumer's primary purpose for the underlying transaction is the	137601
processed data or information;	137602

(b) Installation or maintenance of wiring or equipment on a	137603
customer's premises;	137604

137605

(d) Advertising, including directory advertising;

137606

(e) Billing and collection services provided to third	137607
parties;	137608

(f) Internet access service;

137609

(g) Radio and television audio and video programming	137610
services, regardless of the medium, including the furnishing of	137611
transmission, conveyance, and routing of such services by the	137612
programming service provider. Radio and television audio and video	137613
programming services include, but are not limited to, cable	137614
service, as defined in 47 U.S.C. 522(6), and audio and video	137615
programming services delivered by commercial mobile radio service	137616
providers, as defined in 47 C.F.R. 20.3;	137617

(h) Ancillary service;

137618

(i) Digital products delivered electronically, including	137619
software, music, video, reading materials, or ring tones.	137620

(2) "Ancillary service" means a service that is associated	137621
with or incidental to the provision of telecommunications service,	137622
including conference bridging service, detailed telecommunications	137623
billing service, directory assistance, vertical service, and voice	137624
mail service. As used in this division:	137625

(a) "Conference bridging service" means an ancillary service	137626
that links two or more participants of an audio or video	137627
conference call, including providing a telephone number.	137628
"Conference bridging service" does not include telecommunications	137629
services used to reach the conference bridge.	137630

(b) "Detailed telecommunications billing service" means an	137631
ancillary service of separately stating information pertaining to	137632
individual calls on a customer's billing statement.	137633

(c) "Directory assistance" means an ancillary service of	137634
providing telephone number or address information.	137635

(d) "Vertical service" means an ancillary service that is	137636
offered in connection with one or more telecommunications	137637
services, which offers advanced calling features that allow	137638
customers to identify callers and manage multiple calls and call	137639
connections, including conference bridging service.	137640

(e) "Voice mail service" means an ancillary service that	137641
enables the customer to store, send, or receive recorded messages.	137642
"Voice mail service" does not include any vertical services that	137643
the customer may be required to have in order to utilize the voice	137644
mail service.	137645

(3) "900 service" means an inbound toll telecommunications	137646
service purchased by a subscriber that allows the subscriber's	137647
customers to call in to the subscriber's prerecorded announcement	137648
or live service, and which is typically marketed under the name	137649
"900" service" and any subsequent numbers designated by the	137650
federal communications commission. "900 service" does not include	137651
the charge for collection services provided by the seller of the	137652
telecommunications service to the subscriber, or services or	137653
products sold by the subscriber to the subscriber's customer.	137654

(4) "Prepaid calling service" means the right to access	137655
exclusively telecommunications services, which must be paid for in	137656
advance and which enables the origination of calls using an access	137657
number or authorization code, whether manually or electronically	137658
dialed, and that is sold in predetermined units or dollars of	137659
which the number declines with use in a known amount.	137660

(5) "Prepaid wireless calling service" means a	137661
telecommunications service that provides the right to utilize	137662
mobile telecommunications service as well as other	137663
non-telecommunications services, including the download of digital	137664
products delivered electronically, and content and ancillary	137665
services, that must be paid for in advance and that is sold in	137666
predetermined units or dollars of which the number declines with	137667
use in a known amount.	137668

(6) "Value-added non-voice data service" means a	137669
telecommunications service in which computer processing	137670
applications are used to act on the form, content, code, or	137671
protocol of the information or data primarily for a purpose other	137672
than transmission, conveyance, or routing.	137673

(7) "Coin-operated telephone service" means a	137674
telecommunications service paid for by inserting money into a	137675
telephone accepting direct deposits of money to operate.	137676

(8) "Customer" has the same meaning as in section 5739.034 of	137677
the Revised Code.	137678

(BB) "Laundry and dry cleaning services" means removing soil	137679
or dirt from towels, linens, articles of clothing, or other fabric	137680
items that belong to others and supplying towels, linens, articles	137681
of clothing, or other fabric items. "Laundry and dry cleaning	137682
services" does not include the provision of self-service	137683
facilities for use by consumers to remove soil or dirt from	137684
towels, linens, articles of clothing, or other fabric items.	137685

(CC) "Magazines distributed as controlled circulation	137686
publications" means magazines containing at least twenty-four	137687
pages, at least twenty-five per cent editorial content, issued at	137688
regular intervals four or more times a year, and circulated	137689
without charge to the recipient, provided that such magazines are	137690
not owned or controlled by individuals or business concerns which	137691
conduct such publications as an auxiliary to, and essentially for	137692
the advancement of the main business or calling of, those who own	137693
or control them.	137694

(DD) "Landscaping and lawn care service" means the services	137695
of planting, seeding, sodding, removing, cutting, trimming,	137696
pruning, mulching, aerating, applying chemicals, watering,	137697
fertilizing, and providing similar services to establish, promote,	137698
or control the growth of trees, shrubs, flowers, grass, ground	137699
cover, and other flora, or otherwise maintaining a lawn or	137700
landscape grown or maintained by the owner for ornamentation or	137701
other nonagricultural purpose. However, "landscaping and lawn care	137702
service" does not include the providing of such services by a	137703
person who has less than five thousand dollars in sales of such	137704
services during the calendar year.	137705

(EE) "Private investigation and security service" means the	137706
performance of any activity for which the provider of such service	137707
is required to be licensed pursuant to Chapter 4749. of the	137708
Revised Code, or would be required to be so licensed in performing	137709
such services in this state, and also includes the services of	137710
conducting polygraph examinations and of monitoring or overseeing	137711
the activities on or in, or the condition of, the consumer's home,	137712
business, or other facility by means of electronic or similar	137713
monitoring devices. "Private investigation and security service"	137714
does not include special duty services provided by off-duty police	137715
officers, deputy sheriffs, and other peace officers regularly	137716
employed by the state or a political subdivision.	137717

(FF) "Information services" means providing conversation,	137718
giving consultation or advice, playing or making a voice or other	137719
recording, making or keeping a record of the number of callers,	137720
and any other service provided to a consumer by means of a nine	137721
hundred telephone call, except when the nine hundred telephone	137722
call is the means by which the consumer makes a contribution to a	137723
recognized charity.	137724

(GG) "Research and development" means designing, creating, or	137725
formulating new or enhanced products, equipment, or manufacturing	137726
processes, and also means conducting scientific or technological	137727
inquiry and experimentation in the physical sciences with the goal	137728
of increasing scientific knowledge which may reveal the bases for	137729
new or enhanced products, equipment, or manufacturing processes.	137730

(HH) "Qualified research and development equipment" means	137731
capitalized tangible personal property, and leased personal	137732
property that would be capitalized if purchased, used by a person	137733
primarily to perform research and development. Tangible personal	137734
property primarily used in testing, as defined in division (A)(4)	137735
of section 5739.011 of the Revised Code, or used for recording or	137736
storing test results, is not qualified research and development	137737
equipment unless such property is primarily used by the consumer	137738
in testing the product, equipment, or manufacturing process being	137739
created, designed, or formulated by the consumer in the research	137740
and development activity or in recording or storing such test	137741
results.	137742

(II) "Building maintenance and janitorial service" means	137743
cleaning the interior or exterior of a building and any tangible	137744
personal property located therein or thereon, including any	137745
services incidental to such cleaning for which no separate charge	137746
is made. However, "building maintenance and janitorial service"	137747
does not include the providing of such service by a person who has	137748
less than five thousand dollars in sales of such service during	137749
the calendar year.	137750

(JJ) "Employment service" means providing or supplying	137751
personnel, on a temporary or long-term basis, to perform work or	137752
labor under the supervision or control of another, when the	137753
personnel so provided or supplied receive their wages, salary, or	137754
other compensation from the provider or supplier of the employment	137755
service or from a third party that provided or supplied the	137756
personnel to the provider or supplier. "Employment service" does	137757
not include:	137758

(1) Acting as a contractor or subcontractor, where the	137759
personnel performing the work are not under the direct control of	137760
the purchaser.	137761

(2) Medical and health care services.

137762

(3) Supplying personnel to a purchaser pursuant to a contract	137763
of at least one year between the service provider and the	137764
purchaser that specifies that each employee covered under the	137765
contract is assigned to the purchaser on a permanent basis.	137766

(4) Transactions between members of an affiliated group, as	137767
defined in division (B)(3)(e) of this section.	137768

(5) Transactions where the personnel so provided or supplied	137769
by a provider or supplier to a purchaser of an employment service	137770
are then provided or supplied by that purchaser to a third party	137771
as an employment service, except "employment service" does include	137772
the transaction between that purchaser and the third party.	137773

(KK) "Employment placement service" means locating or finding	137774
employment for a person or finding or locating an employee to fill	137775
an available position.	137776

(LL) "Exterminating service" means eradicating or attempting	137777
to eradicate vermin infestations from a building or structure, or	137778
the area surrounding a building or structure, and includes	137779
activities to inspect, detect, or prevent vermin infestation of a	137780
building or structure.	137781

(MM) "Physical fitness facility service" means all	137782
transactions by which a membership is granted, maintained, or	137783
renewed, including initiation fees, membership dues, renewal fees,	137784
monthly minimum fees, and other similar fees and dues, by a	137785
physical fitness facility such as an athletic club, health spa, or	137786
gymnasium, which entitles the member to use the facility for	137787
physical exercise.	137788

(NN) "Recreation and sports club service" means all	137789
transactions by which a membership is granted, maintained, or	137790
renewed, including initiation fees, membership dues, renewal fees,	137791
monthly minimum fees, and other similar fees and dues, by a	137792
recreation and sports club, which entitles the member to use the	137793
facilities of the organization. "Recreation and sports club" means	137794
an organization that has ownership of, or controls or leases on a	137795
continuing, long-term basis, the facilities used by its members	137796
and includes an aviation club, gun or shooting club, yacht club,	137797
card club, swimming club, tennis club, golf club, country club,	137798
riding club, amateur sports club, or similar organization.	137799

(OO) "Livestock" means farm animals commonly raised for food,	137800
food production, or other agricultural purposes, including, but	137801
not limited to, cattle, sheep, goats, swine, poultry, and captive	137802
deer. "Livestock" does not include invertebrates, amphibians,	137803
reptiles, domestic pets, animals for use in laboratories or for	137804
exhibition, or other animals not commonly raised for food or food	137805
production.	137806

(PP) "Livestock structure" means a building or structure used	137807
exclusively for the housing, raising, feeding, or sheltering of	137808
livestock, and includes feed storage or handling structures and	137809
structures for livestock waste handling.	137810

(QQ) "Horticulture" means the growing, cultivation, and	137811
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	137812
and nursery stock. As used in this division, "nursery stock" has	137813
the same meaning as in section 927.51 of the Revised Code.	137814

(RR) "Horticulture structure" means a building or structure	137815
used exclusively for the commercial growing, raising, or	137816
overwintering of horticultural products, and includes the area	137817
used for stocking, storing, and packing horticultural products	137818
when done in conjunction with the production of those products.	137819

(SS) "Newspaper" means an unbound publication bearing a title	137820
or name that is regularly published, at least as frequently as	137821
biweekly, and distributed from a fixed place of business to the	137822
public in a specific geographic area, and that contains a	137823
substantial amount of news matter of international, national, or	137824
local events of interest to the general public.	137825

(TT) "Professional racing team" means a person that employs	137826
at least twenty full-time employees for the purpose of conducting	137827
a motor vehicle racing business for profit. The person must	137828
conduct the business with the purpose of racing one or more motor	137829
racing vehicles in at least ten competitive professional racing	137830
events each year that comprise all or part of a motor racing	137831
series sanctioned by one or more motor racing sanctioning	137832
organizations. A "motor racing vehicle" means a vehicle for which	137833
the chassis, engine, and parts are designed exclusively for motor	137834
racing, and does not include a stock or production model vehicle	137835
that may be modified for use in racing. For the purposes of this	137836
division:	137837

(1) A "competitive professional racing event" is a motor	137838
vehicle racing event sanctioned by one or more motor racing	137839
sanctioning organizations, at which aggregate cash prizes in	137840
excess of eight hundred thousand dollars are awarded to the	137841
competitors.	137842

(2) "Full-time employee" means an individual who is employed	137843
for consideration for thirty-five or more hours a week, or who	137844
renders any other standard of service generally accepted by custom	137845
or specified by contract as full-time employment.	137846

(UU)(1) "Lease" or "rental" means any transfer of the	137847
possession or control of tangible personal property for a fixed or	137848
indefinite term, for consideration. "Lease" or "rental" includes	137849
future options to purchase or extend, and agreements described in	137850
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	137851
the amount of consideration may be increased or decreased by	137852
reference to the amount realized upon the sale or disposition of	137853
the property. "Lease" or "rental" does not include:	137854

(a) A transfer of possession or control of tangible personal	137855
property under a security agreement or a deferred payment plan	137856
that requires the transfer of title upon completion of the	137857
required payments;	137858

(b) A transfer of possession or control of tangible personal	137859
property under an agreement that requires the transfer of title	137860
upon completion of required payments and payment of an option	137861
price that does not exceed the greater of one hundred dollars or	137862
one per cent of the total required payments;	137863

(c) Providing tangible personal property along with an	137864
operator for a fixed or indefinite period of time, if the operator	137865
is necessary for the property to perform as designed. For purposes	137866
of this division, the operator must do more than maintain,	137867
inspect, or ~~set-up~~set up the tangible personal property.	137868

(2) "Lease" and "rental," as defined in division (UU) of this	137869
section, shall not apply to leases or rentals that exist before	137870
June 26, 2003.	137871

(3) "Lease" and "rental" have the same meaning as in division	137872
(UU)(1) of this section regardless of whether a transaction is	137873
characterized as a lease or rental under generally accepted	137874
accounting principles, the Internal Revenue Code, Title XIII of	137875
the Revised Code, or other federal, state, or local laws.	137876

(VV) "Mobile telecommunications service" has the same meaning	137877
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	137878
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	137879
on and after August 1, 2003, includes related fees and ancillary	137880
services, including universal service fees, detailed billing	137881
service, directory assistance, service initiation, voice mail	137882
service, and vertical services, such as caller ID and three-way	137883
calling.	137884

(WW) "Certified service provider" has the same meaning as in	137885
section 5740.01 of the Revised Code.	137886

(XX) "Satellite broadcasting service" means the distribution	137887
or broadcasting of programming or services by satellite directly	137888
to the subscriber's receiving equipment without the use of ground	137889
receiving or distribution equipment, except the subscriber's	137890
receiving equipment or equipment used in the uplink process to the	137891
satellite, and includes all service and rental charges, premium	137892
channels or other special services, installation and repair	137893
service charges, and any other charges having any connection with	137894
the provision of the satellite broadcasting service.	137895

(YY) "Tangible personal property" means personal property	137896
that can be seen, weighed, measured, felt, or touched, or that is	137897
in any other manner perceptible to the senses. For purposes of	137898
this chapter and Chapter 5741. of the Revised Code, "tangible	137899
personal property" includes motor vehicles, electricity, water,	137900
gas, steam, and prewritten computer software.	137901

(ZZ) "Direct mail" means printed material delivered or	137902
distributed by United States mail or other delivery service to a	137903
mass audience or to addressees on a mailing list provided by the	137904
consumer or at the direction of the consumer when the cost of the	137905
items are not billed directly to the recipients. "Direct mail"	137906
includes tangible personal property supplied directly or	137907
indirectly by the consumer to the direct mail vendor for inclusion	137908
in the package containing the printed material. "Direct mail" does	137909
not include multiple items of printed material delivered to a	137910
single address.	137911

(AAA) "Computer" means an electronic device that accepts	137912
information in digital or similar form and manipulates it for a	137913
result based on a sequence of instructions.	137914

(BBB) "Computer software" means a set of coded instructions	137915
designed to cause a computer or automatic data processing	137916
equipment to perform a task.	137917

(CCC) "Delivered electronically" means delivery of computer	137918
software from the seller to the purchaser by means other than	137919
tangible storage media.	137920

(DDD) "Prewritten computer software" means computer software,	137921
including prewritten upgrades, that is not designed and developed	137922
by the author or other creator to the specifications of a specific	137923
purchaser. The combining of two or more prewritten computer	137924
software programs or prewritten portions thereof does not cause	137925
the combination to be other than prewritten computer software.	137926
"Prewritten computer software" includes software designed and	137927
developed by the author or other creator to the specifications of	137928
a specific purchaser when it is sold to a person other than the	137929
purchaser. If a person modifies or enhances computer software of	137930
which the person is not the author or creator, the person shall be	137931
deemed to be the author or creator only of such person's	137932
modifications or enhancements. Prewritten computer software or a	137933
prewritten portion thereof that is modified or enhanced to any	137934
degree, where such modification or enhancement is designed and	137935
developed to the specifications of a specific purchaser, remains	137936
prewritten computer software; provided, however, that where there	137937
is a reasonable, separately stated charge or an invoice or other	137938
statement of the price given to the purchaser for the modification	137939
or enhancement, the modification or enhancement shall not	137940
constitute prewritten computer software.	137941

(EEE)(1) "Food" means substances, whether in liquid,	137942
concentrated, solid, frozen, dried, or dehydrated form, that are	137943
sold for ingestion or chewing by humans and are consumed for their	137944
taste or nutritional value. "Food" does not include alcoholic	137945
beverages, dietary supplements, soft drinks, or tobacco.	137946

(2) As used in division (EEE)(1) of this section:

137947

(a) "Alcoholic beverages" means beverages that are suitable	137948
for human consumption and contain one-half of one per cent or more	137949
of alcohol by volume.	137950

(b) "Dietary supplements" means any product, other than	137951
tobacco, that is intended to supplement the diet and that is	137952
intended for ingestion in tablet, capsule, powder, softgel,	137953
gelcap, or liquid form, or, if not intended for ingestion in such	137954
a form, is not represented as conventional food for use as a sole	137955
item of a meal or of the diet; that is required to be labeled as a	137956
dietary supplement, identifiable by the "supplement facts" box	137957
found on the label, as required by 21 C.F.R. 101.36; and that	137958
contains one or more of the following dietary ingredients:	137959

(i) A vitamin;

137960

(ii) A mineral;

137961

(iii) An herb or other botanical;

137962

(iv) An amino acid;

137963

(v) A dietary substance for use by humans to supplement the	137964
diet by increasing the total dietary intake;	137965

(vi) A concentrate, metabolite, constituent, extract, or	137966
combination of any ingredient described in divisions	137967
(EEE)(2)(b)(i) to (v) of this section.	137968

(c) "Soft drinks" means nonalcoholic beverages that contain	137969
natural or artificial sweeteners. "Soft drinks" does not include	137970
beverages that contain milk or milk products, soy, rice, or	137971
similar milk substitutes, or that contains greater than fifty per	137972
cent vegetable or fruit juice by volume.	137973

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	137974
tobacco, or any other item that contains tobacco.	137975

(FFF) "Drug" means a compound, substance, or preparation, and	137976
any component of a compound, substance, or preparation, other than	137977
food, dietary supplements, or alcoholic beverages that is	137978
recognized in the official United States pharmacopoeia, official	137979
homeopathic pharmacopoeia of the United States, or official	137980
national formulary, and supplements to them; is intended for use	137981
in the diagnosis, cure, mitigation, treatment, or prevention of	137982
disease; or is intended to affect the structure or any function of	137983
the body.	137984

(GGG) "Prescription" means an order, formula, or recipe	137985
issued in any form of oral, written, electronic, or other means of	137986
transmission by a duly licensed practitioner authorized by the	137987
laws of this state to issue a prescription.	137988

(HHH) "Durable medical equipment" means equipment, including	137989
repair and replacement parts for such equipment, that can	137990
withstand repeated use, is primarily and customarily used to serve	137991
a medical purpose, generally is not useful to a person in the	137992
absence of illness or injury, and is not worn in or on the body.	137993
"Durable medical equipment" does not include mobility enhancing	137994
equipment.	137995

(III) "Mobility enhancing equipment" means equipment,	137996
including repair and replacement parts for such equipment, that is	137997
primarily and customarily used to provide or increase the ability	137998
to move from one place to another and is appropriate for use	137999
either in a home or a motor vehicle, that is not generally used by	138000
persons with normal mobility, and that does not include any motor	138001
vehicle or equipment on a motor vehicle normally provided by a	138002
motor vehicle manufacturer. "Mobility enhancing equipment" does	138003
not include durable medical equipment.	138004

(JJJ) "Prosthetic device" means a replacement, corrective, or	138005
supportive device, including repair and replacement parts for the	138006
device, worn on or in the human body to artificially replace a	138007
missing portion of the body, prevent or correct physical deformity	138008
or malfunction, or support a weak or deformed portion of the body.	138009
As used in this division, "prosthetic device" does not include	138010
corrective eyeglasses, contact lenses, or dental prosthesis.	138011

(KKK)(1) "Fractional aircraft ownership program" means a	138012
program in which persons within an affiliated group sell and	138013
manage fractional ownership program aircraft, provided that at	138014
least one hundred airworthy aircraft are operated in the program	138015
and the program meets all of the following criteria:	138016

(a) Management services are provided by at least one program	138017
manager within an affiliated group on behalf of the fractional	138018
owners.	138019

(b) Each program aircraft is owned or possessed by at least	138020
one fractional owner.	138021

(c) Each fractional owner owns or possesses at least a	138022
one-sixteenth interest in at least one fixed-wing program	138023
aircraft.	138024

(d) A dry-lease aircraft interchange arrangement is in effect	138025
among all of the fractional owners.	138026

(e) Multi-year program agreements are in effect regarding the	138027
fractional ownership, management services, and dry-lease aircraft	138028
interchange arrangement aspects of the program.	138029

(2) As used in division (KKK)(1) of this section:

138030

(a) "Affiliated group" has the same meaning as in division	138031
(B)(3)(e) of this section.	138032

(b) "Fractional owner" means a person that owns or possesses	138033
at least a one-sixteenth interest in a program aircraft and has	138034
entered into the agreements described in division (KKK)(1)(e) of	138035
this section.	138036

(c) "Fractional ownership program aircraft" or "program	138037
aircraft" means a turbojet aircraft that is owned or possessed by	138038
a fractional owner and that has been included in a dry-lease	138039
aircraft interchange arrangement and agreement under divisions	138040
(KKK)(1)(d) and (e) of this section, or an aircraft a program	138041
manager owns or possesses primarily for use in a fractional	138042
aircraft ownership program.	138043

(d) "Management services" means administrative and aviation	138044
support services furnished under a fractional aircraft ownership	138045
program in accordance with a management services agreement under	138046
division (KKK)(1)(e) of this section, and offered by the program	138047
manager to the fractional owners, including, at a minimum, the	138048
establishment and implementation of safety guidelines; the	138049
coordination of the scheduling of the program aircraft and crews;	138050
program aircraft maintenance; program aircraft insurance; crew	138051
training for crews employed, furnished, or contracted by the	138052
program manager or the fractional owner; the satisfaction of	138053
record-keeping requirements; and the development and use of an	138054
operations manual and a maintenance manual for the fractional	138055
aircraft ownership program.	138056

(e) "Program manager" means the person that offers management	138057
services to fractional owners pursuant to a management services	138058
agreement under division (KKK)(1)(e) of this section.	138059

(LLL) "Electronic publishing" means providing access to one	138060
or more of the following primarily for business customers,	138061
including the federal government or a state government or a	138062
political subdivision thereof, to conduct research: news;	138063
business, financial, legal, consumer, or credit materials;	138064
editorials, columns, reader commentary, or features; photos or	138065
images; archival or research material; legal notices, identity	138066
verification, or public records; scientific, educational,	138067
instructional, technical, professional, trade, or other literary	138068
materials; or other similar information which has been gathered	138069
and made available by the provider to the consumer in an	138070
electronic format. Providing electronic publishing includes the	138071
functions necessary for the acquisition, formatting, editing,	138072
storage, and dissemination of data or information that is the	138073
subject of a sale.	138074

(MMM) "Medicaid health insuring corporation" means a health	138075
insuring corporation that holds a certificate of authority under	138076
Chapter 1751. of the Revised Code and is under contract with the	138077
department of job and family services pursuant to section 5111.17	138078
of the Revised Code.	138079

(NNN) "Managed care premium" means any premium, capitation,	138080
or other payment a medicaid health insuring corporation receives	138081
for providing or arranging for the provision of health care	138082
services to its members or enrollees residing in this state.	138083

(OOO) "Captive deer" means deer and other cervidae that have	138084
been legally acquired, or their offspring, that are privately	138085
owned for agricultural or farming purposes.	138086

(PPP) "Gift card" means a document, card, certificate, or	138087
other record, whether tangible or intangible, that may be redeemed	138088
by a consumer for a dollar value when making a purchase of	138089
tangible personal property or services.	138090

Sec. 5739.02. For the purpose of providing revenue with	138091
which to meet the needs of the state, for the use of the general	138092
revenue fund of the state, for the purpose of securing a thorough	138093
and efficient system of common schools throughout the state, for	138094
the purpose of affording revenues, in addition to those from	138095
general property taxes, permitted under constitutional	138096
limitations, and from other sources, for the support of local	138097
governmental functions, and for the purpose of reimbursing the	138098
state for the expense of administering this chapter, an excise tax	138099
is hereby levied on each retail sale made in this state.	138100

(A)(1) The tax shall be collected as provided in section	138101
5739.025 of the Revised Code. The rate of the tax shall be five	138102
and one-half per cent. The tax applies and is collectible when the	138103
sale is made, regardless of the time when the price is paid or	138104
delivered.	138105

(2) In the case of the lease or rental, with a fixed term of	138106
more than thirty days or an indefinite term with a minimum period	138107
of more than thirty days, of any motor vehicles designed by the	138108
manufacturer to carry a load of not more than one ton, watercraft,	138109
outboard motor, or aircraft, or of any tangible personal property,	138110
other than motor vehicles designed by the manufacturer to carry a	138111
load of more than one ton, to be used by the lessee or renter	138112
primarily for business purposes, the tax shall be collected by the	138113
vendor at the time the lease or rental is consummated and shall be	138114
calculated by the vendor on the basis of the total amount to be	138115
paid by the lessee or renter under the lease agreement. If the	138116
total amount of the consideration for the lease or rental includes	138117
amounts that are not calculated at the time the lease or rental is	138118
executed, the tax shall be calculated and collected by the vendor	138119
at the time such amounts are billed to the lessee or renter. In	138120
the case of an open-end lease or rental, the tax shall be	138121
calculated by the vendor on the basis of the total amount to be	138122
paid during the initial fixed term of the lease or rental, and for	138123
each subsequent renewal period as it comes due. As used in this	138124
division, "motor vehicle" has the same meaning as in section	138125
4501.01 of the Revised Code, and "watercraft" includes an outdrive	138126
unit attached to the watercraft.	138127

A lease with a renewal clause and a termination penalty or	138128
similar provision that applies if the renewal clause is not	138129
exercised is presumed to be a sham transaction. In such a case,	138130
the tax shall be calculated and paid on the basis of the entire	138131
length of the lease period, including any renewal periods, until	138132
the termination penalty or similar provision no longer applies.	138133
The taxpayer shall bear the burden, by a preponderance of the	138134
evidence, that the transaction or series of transactions is not a	138135
sham transaction.	138136

(3) Except as provided in division (A)(2) of this section, in	138137
the case of a sale, the price of which consists in whole or in	138138
part of the lease or rental of tangible personal property, the tax	138139
shall be measured by the installments of that lease or rental.	138140

(4) In the case of a sale of a physical fitness facility	138141
service or recreation and sports club service, the price of which	138142
consists in whole or in part of a membership for the receipt of	138143
the benefit of the service, the tax applicable to the sale shall	138144
be measured by the installments thereof.	138145

(B) The tax does not apply to the following:

138146

(1) Sales to the state or any of its political subdivisions,	138147
or to any other state or its political subdivisions if the laws of	138148
that state exempt from taxation sales made to this state and its	138149
political subdivisions;	138150

(2) Sales of food for human consumption off the premises	138151
where sold;	138152

(3) Sales of food sold to students only in a cafeteria,	138153
dormitory, fraternity, or sorority maintained in a private,	138154
public, or parochial school, college, or university;	138155

(4) Sales of newspapers and of magazine subscriptions and	138156
sales or transfers of magazines distributed as controlled	138157
circulation publications;	138158

(5) The furnishing, preparing, or serving of meals without	138159
charge by an employer to an employee provided the employer records	138160
the meals as part compensation for services performed or work	138161
done;	138162

(6) Sales of motor fuel upon receipt, use, distribution, or	138163
sale of which in this state a tax is imposed by the law of this	138164
state, but this exemption shall not apply to the sale of motor	138165
fuel on which a refund of the tax is allowable under division (A)	138166
of section 5735.14 of the Revised Code; and the tax commissioner	138167
may deduct the amount of tax levied by this section applicable to	138168
the price of motor fuel when granting a refund of motor fuel tax	138169
pursuant to division (A) of section 5735.14 of the Revised Code	138170
and shall cause the amount deducted to be paid into the general	138171
revenue fund of this state;	138172

(7) Sales of natural gas by a natural gas company, of water	138173
by a water-works company, or of steam by a heating company, if in	138174
each case the thing sold is delivered to consumers through pipes	138175
or conduits, and all sales of communications services by a	138176
telegraph company, all terms as defined in section 5727.01 of the	138177
Revised Code, and sales of electricity delivered through wires;	138178

(8) Casual sales by a person, or auctioneer employed directly	138179
by the person to conduct such sales, except as to such sales of	138180
motor vehicles, watercraft or outboard motors required to be	138181
titled under section 1548.06 of the Revised Code, watercraft	138182
documented with the United States coast guard, snowmobiles, and	138183
all-purpose vehicles as defined in section 4519.01 of the Revised	138184
Code;	138185

(9)(a) Sales of services or tangible personal property, other	138186
than motor vehicles, mobile homes, and manufactured homes, by	138187
churches, organizations exempt from taxation under section	138188
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	138189
organizations operated exclusively for charitable purposes as	138190
defined in division (B)(12) of this section, provided that the	138191
number of days on which such tangible personal property or	138192
services, other than items never subject to the tax, are sold does	138193
not exceed six in any calendar year, except as otherwise provided	138194
in division (B)(9)(b) of this section. If the number of days on	138195
which such sales are made exceeds six in any calendar year, the	138196
church or organization shall be considered to be engaged in	138197
business and all subsequent sales by it shall be subject to the	138198
tax. In counting the number of days, all sales by groups within a	138199
church or within an organization shall be considered to be sales	138200
of that church or organization.	138201

(b) The limitation on the number of days on which tax-exempt	138202
sales may be made by a church or organization under division	138203
(B)(9)(a) of this section does not apply to sales made by student	138204
clubs and other groups of students of a primary or secondary	138205
school, or a parent-teacher association, booster group, or similar	138206
organization that raises money to support or fund curricular or	138207
extracurricular activities of a primary or secondary school.	138208

(c) Divisions (B)(9)(a) and (b) of this section do not apply	138209
to sales by a noncommercial educational radio or television	138210
broadcasting station.	138211

(10) Sales not within the taxing power of this state under	138212
the Constitution or laws of the United States or the Constitution	138213
of this state;	138214

(11) Except for transactions that are sales under division	138215
(B)(3)(r) of section 5739.01 of the Revised Code, the	138216
transportation of persons or property, unless the transportation	138217
is by a private investigation and security service;	138218

(12) Sales of tangible personal property or services to	138219
churches, to organizations exempt from taxation under section	138220
501(c)(3) of the Internal Revenue Code of 1986, and to any other	138221
nonprofit organizations operated exclusively for charitable	138222
purposes in this state, no part of the net income of which inures	138223
to the benefit of any private shareholder or individual, and no	138224
substantial part of the activities of which consists of carrying	138225
on propaganda or otherwise attempting to influence legislation;	138226
sales to offices administering one or more homes for the aged or	138227
one or more hospital facilities exempt under section 140.08 of the	138228
Revised Code; and sales to organizations described in division (D)	138229
of section 5709.12 of the Revised Code.	138230

"Charitable purposes" means the relief of poverty; the	138231
improvement of health through the alleviation of illness, disease,	138232
or injury; the operation of an organization exclusively for the	138233
provision of professional, laundry, printing, and purchasing	138234
services to hospitals or charitable institutions; the operation of	138235
a home for the aged, as defined in section 5701.13 of the Revised	138236
Code; the operation of a radio or television broadcasting station	138237
that is licensed by the federal communications commission as a	138238
noncommercial educational radio or television station; the	138239
operation of a nonprofit animal adoption service or a county	138240
humane society; the promotion of education by an institution of	138241
learning that maintains a faculty of qualified instructors,	138242
teaches regular continuous courses of study, and confers a	138243
recognized diploma upon completion of a specific curriculum; the	138244
operation of a parent-teacher association, booster group, or	138245
similar organization primarily engaged in the promotion and	138246
support of the curricular or extracurricular activities of a	138247
primary or secondary school; the operation of a community or area	138248
center in which presentations in music, dramatics, the arts, and	138249
related fields are made in order to foster public interest and	138250
education therein; the production of performances in music,	138251
dramatics, and the arts; or the promotion of education by an	138252
organization engaged in carrying on research in, or the	138253
dissemination of, scientific and technological knowledge and	138254
information primarily for the public.	138255

Nothing in this division shall be deemed to exempt sales to	138256
any organization for use in the operation or carrying on of a	138257
trade or business, or sales to a home for the aged for use in the	138258
operation of independent living facilities as defined in division	138259
(A) of section 5709.12 of the Revised Code.	138260

(13) Building and construction materials and services sold to	138261
construction contractors for incorporation into a structure or	138262
improvement to real property under a construction contract with	138263
this state or a political subdivision of this state, or with the	138264
United States government or any of its agencies; building and	138265
construction materials and services sold to construction	138266
contractors for incorporation into a structure or improvement to	138267
real property that are accepted for ownership by this state or any	138268
of its political subdivisions, or by the United States government	138269
or any of its agencies at the time of completion of the structures	138270
or improvements; building and construction materials sold to	138271
construction contractors for incorporation into a horticulture	138272
structure or livestock structure for a person engaged in the	138273
business of horticulture or producing livestock; building	138274
materials and services sold to a construction contractor for	138275
incorporation into a house of public worship or religious	138276
education, or a building used exclusively for charitable purposes	138277
under a construction contract with an organization whose purpose	138278
is as described in division (B)(12) of this section; building	138279
materials and services sold to a construction contractor for	138280
incorporation into a building under a construction contract with	138281
an organization exempt from taxation under section 501(c)(3) of	138282
the Internal Revenue Code of 1986 when the building is to be used	138283
exclusively for the organization's exempt purposes; building and	138284
construction materials sold for incorporation into the original	138285
construction of a sports facility under section 307.696 of the	138286
Revised Code; building and construction materials and services	138287
sold to a construction contractor for incorporation into real	138288
property outside this state if such materials and services, when	138289
sold to a construction contractor in the state in which the real	138290
property is located for incorporation into real property in that	138291
state, would be exempt from a tax on sales levied by that state;	138292
and, until one calendar year after the construction of a	138293
convention center that qualifies for property tax exemption under	138294
section 5709.084 of the Revised Code is completed, building and	138295
construction materials and services sold to a construction	138296
contractor for incorporation into the real property comprising	138297
that convention center;	138298

(14) Sales of ships or vessels or rail rolling stock used or	138299
to be used principally in interstate or foreign commerce, and	138300
repairs, alterations, fuel, and lubricants for such ships or	138301
vessels or rail rolling stock;	138302

(15) Sales to persons primarily engaged in any of the	138303
activities mentioned in division (B)(42)(a), (g), or (h) of this	138304
section, to persons engaged in making retail sales, or to persons	138305
who purchase for sale from a manufacturer tangible personal	138306
property that was produced by the manufacturer in accordance with	138307
specific designs provided by the purchaser, of packages, including	138308
material, labels, and parts for packages, and of machinery,	138309
equipment, and material for use primarily in packaging tangible	138310
personal property produced for sale, including any machinery,	138311
equipment, and supplies used to make labels or packages, to	138312
prepare packages or products for labeling, or to label packages or	138313
products, by or on the order of the person doing the packaging, or	138314
sold at retail. "Packages" includes bags, baskets, cartons,	138315
crates, boxes, cans, bottles, bindings, wrappings, and other	138316
similar devices and containers, but does not include motor	138317
vehicles or bulk tanks, trailers, or similar devices attached to	138318
motor vehicles. "Packaging" means placing in a package. Division	138319
(B)(15) of this section does not apply to persons engaged in	138320
highway transportation for hire.	138321

(16) Sales of food to persons using supplemental nutrition	138322
assistance program benefits to purchase the food. As used in this	138323
division, "food" has the same meaning as in 7 U.S.C. 2012 and	138324
federal regulations adopted pursuant to the Food and Nutrition Act	138325
of 2008.	138326

(17) Sales to persons engaged in farming, agriculture,	138327
horticulture, or floriculture, of tangible personal property for	138328
use or consumption primarily in the production by farming,	138329
agriculture, horticulture, or floriculture of other tangible	138330
personal property for use or consumption primarily in the	138331
production of tangible personal property for sale by farming,	138332
agriculture, horticulture, or floriculture; or material and parts	138333
for incorporation into any such tangible personal property for use	138334
or consumption in production; and of tangible personal property	138335
for such use or consumption in the conditioning or holding of	138336
products produced by and for such use, consumption, or sale by	138337
persons engaged in farming, agriculture, horticulture, or	138338
floriculture, except where such property is incorporated into real	138339
property;	138340

(18) Sales of drugs for a human being that may be dispensed	138341
only pursuant to a prescription; insulin as recognized in the	138342
official United States pharmacopoeia; urine and blood testing	138343
materials when used by diabetics or persons with hypoglycemia to	138344
test for glucose or acetone; hypodermic syringes and needles when	138345
used by diabetics for insulin injections; epoetin alfa when	138346
purchased for use in the treatment of persons with medical	138347
disease; hospital beds when purchased by hospitals, nursing homes,	138348
or other medical facilities; and medical oxygen and medical	138349
oxygen-dispensing equipment when purchased by hospitals, nursing	138350
homes, or other medical facilities;	138351

(19) Sales of prosthetic devices, durable medical equipment	138352
for home use, or mobility enhancing equipment, when made pursuant	138353
to a prescription and when such devices or equipment are for use	138354
by a human being.	138355

(20) Sales of emergency and fire protection vehicles and	138356
equipment to nonprofit organizations for use solely in providing	138357
fire protection and emergency services, including trauma care and	138358
emergency medical services, for political subdivisions of the	138359
state;	138360

(21) Sales of tangible personal property manufactured in this	138361
state, if sold by the manufacturer in this state to a retailer for	138362
use in the retail business of the retailer outside of this state	138363
and if possession is taken from the manufacturer by the purchaser	138364
within this state for the sole purpose of immediately removing the	138365
same from this state in a vehicle owned by the purchaser;	138366

(22) Sales of services provided by the state or any of its	138367
political subdivisions, agencies, instrumentalities, institutions,	138368
or authorities, or by governmental entities of the state or any of	138369
its political subdivisions, agencies, instrumentalities,	138370
institutions, or authorities;	138371

(23) Sales of motor vehicles to nonresidents of this state	138372
under the circumstances described in division (B) of section	138373
5739.029 of the Revised Code;	138374

(24) Sales to persons engaged in the preparation of eggs for	138375
sale of tangible personal property used or consumed directly in	138376
such preparation, including such tangible personal property used	138377
for cleaning, sanitizing, preserving, grading, sorting, and	138378
classifying by size; packages, including material and parts for	138379
packages, and machinery, equipment, and material for use in	138380
packaging eggs for sale; and handling and transportation equipment	138381
and parts therefor, except motor vehicles licensed to operate on	138382
public highways, used in intraplant or interplant transfers or	138383
shipment of eggs in the process of preparation for sale, when the	138384
plant or plants within or between which such transfers or	138385
shipments occur are operated by the same person. "Packages"	138386
includes containers, cases, baskets, flats, fillers, filler flats,	138387
cartons, closure materials, labels, and labeling materials, and	138388
"packaging" means placing therein.	138389

(25)(a) Sales of water to a consumer for residential use;

138390

(b) Sales of water by a nonprofit corporation engaged	138391
exclusively in the treatment, distribution, and sale of water to	138392
consumers, if such water is delivered to consumers through pipes	138393
or tubing.	138394

(26) Fees charged for inspection or reinspection of motor	138395
vehicles under section 3704.14 of the Revised Code;	138396

(27) Sales to persons licensed to conduct a food service	138397
operation pursuant to section 3717.43 of the Revised Code, of	138398
tangible personal property primarily used directly for the	138399
following:	138400

(a) To prepare food for human consumption for sale;

138401

(b) To preserve food that has been or will be prepared for	138402
human consumption for sale by the food service operator, not	138403
including tangible personal property used to display food for	138404
selection by the consumer;	138405

(c) To clean tangible personal property used to prepare or	138406
serve food for human consumption for sale.	138407

(28) Sales of animals by nonprofit animal adoption services	138408
or county humane societies;	138409

(29) Sales of services to a corporation described in division	138410
(A) of section 5709.72 of the Revised Code, and sales of tangible	138411
personal property that qualifies for exemption from taxation under	138412
section 5709.72 of the Revised Code;	138413

(30) Sales and installation of agricultural land tile, as	138414
defined in division (B)(5)(a) of section 5739.01 of the Revised	138415
Code;	138416

(31) Sales and erection or installation of portable grain	138417
bins, as defined in division (B)(5)(b) of section 5739.01 of the	138418
Revised Code;	138419

(32) The sale, lease, repair, and maintenance of, parts for,	138420
or items attached to or incorporated in, motor vehicles that are	138421
primarily used for transporting tangible personal property	138422
belonging to others by a person engaged in highway transportation	138423
for hire, except for packages and packaging used for the	138424
transportation of tangible personal property;	138425

(33) Sales to the state headquarters of any veterans'	138426
organization in this state that is either incorporated and issued	138427
a charter by the congress of the United States or is recognized by	138428
the United States veterans administration, for use by the	138429
headquarters;	138430

(34) Sales to a telecommunications service vendor, mobile	138431
telecommunications service vendor, or satellite broadcasting	138432
service vendor of tangible personal property and services used	138433
directly and primarily in transmitting, receiving, switching, or	138434
recording any interactive, one- or two-way electromagnetic	138435
communications, including voice, image, data, and information,	138436
through the use of any medium, including, but not limited to,	138437
poles, wires, cables, switching equipment, computers, and record	138438
storage devices and media, and component parts for the tangible	138439
personal property. The exemption provided in this division shall	138440
be in lieu of all other exemptions under division (B)(42)(a) or	138441
(n) of this section to which the vendor may otherwise be entitled,	138442
based upon the use of the thing purchased in providing the	138443
telecommunications, mobile telecommunications, or satellite	138444
broadcasting service.	138445

(35)(a) Sales where the purpose of the consumer is to use or	138446
consume the things transferred in making retail sales and	138447
consisting of newspaper inserts, catalogues, coupons, flyers, gift	138448
certificates, or other advertising material that prices and	138449
describes tangible personal property offered for retail sale.	138450

(b) Sales to direct marketing vendors of preliminary	138451
materials such as photographs, artwork, and typesetting that will	138452
be used in printing advertising material; and of printed matter	138453
that offers free merchandise or chances to win sweepstake prizes	138454
and that is mailed to potential customers with advertising	138455
material described in division (B)(35)(a) of this section;	138456

(c) Sales of equipment such as telephones, computers,	138457
facsimile machines, and similar tangible personal property	138458
primarily used to accept orders for direct marketing retail sales.	138459

(d) Sales of automatic food vending machines that preserve	138460
food with a shelf life of forty-five days or less by refrigeration	138461
and dispense it to the consumer.	138462

For purposes of division (B)(35) of this section, "direct	138463
marketing" means the method of selling where consumers order	138464
tangible personal property by United States mail, delivery	138465
service, or telecommunication and the vendor delivers or ships the	138466
tangible personal property sold to the consumer from a warehouse,	138467
catalogue distribution center, or similar fulfillment facility by	138468
means of the United States mail, delivery service, or common	138469
carrier.	138470

(36) Sales to a person engaged in the business of	138471
horticulture or producing livestock of materials to be	138472
incorporated into a horticulture structure or livestock structure;	138473

(37) Sales of personal computers, computer monitors, computer	138474
keyboards, modems, and other peripheral computer equipment to an	138475
individual who is licensed or certified to teach in an elementary	138476
or a secondary school in this state for use by that individual in	138477
preparation for teaching elementary or secondary school students;	138478

(38) Sales to a professional racing team of any of the	138479
following:	138480

(a) Motor racing vehicles;

138481

(b) Repair services for motor racing vehicles;

138482

(c) Items of property that are attached to or incorporated in	138483
motor racing vehicles, including engines, chassis, and all other	138484
components of the vehicles, and all spare, replacement, and	138485
rebuilt parts or components of the vehicles; except not including	138486
tires, consumable fluids, paint, and accessories consisting of	138487
instrumentation sensors and related items added to the vehicle to	138488
collect and transmit data by means of telemetry and other forms of	138489
communication.	138490

(39) Sales of used manufactured homes and used mobile homes,	138491
as defined in section 5739.0210 of the Revised Code, made on or	138492
after January 1, 2000;	138493

(40) Sales of tangible personal property and services to a	138494
provider of electricity used or consumed directly and primarily in	138495
generating, transmitting, or distributing electricity for use by	138496
others, including property that is or is to be incorporated into	138497
and will become a part of the consumer's production, transmission,	138498
or distribution system and that retains its classification as	138499
tangible personal property after incorporation; fuel or power used	138500
in the production, transmission, or distribution of electricity;	138501
energy conversion equipment as defined in section 5727.01 of the	138502
Revised Code; and tangible personal property and services used in	138503
the repair and maintenance of the production, transmission, or	138504
distribution system, including only those motor vehicles as are	138505
specially designed and equipped for such use. The exemption	138506
provided in this division shall be in lieu of all other exemptions	138507
in division (B)(42)(a) or (n) of this section to which a provider	138508
of electricity may otherwise be entitled based on the use of the	138509
tangible personal property or service purchased in generating,	138510
transmitting, or distributing electricity.	138511

(41) Sales to a person providing services under division	138512
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	138513
personal property and services used directly and primarily in	138514
providing taxable services under that section.	138515

(42) Sales where the purpose of the purchaser is to do any of	138516
the following:	138517

(a) To incorporate the thing transferred as a material or a	138518
part into tangible personal property to be produced for sale by	138519
manufacturing, assembling, processing, or refining; or to use or	138520
consume the thing transferred directly in producing tangible	138521
personal property for sale by mining, including, without	138522
limitation, the extraction from the earth of all substances that	138523
are classed geologically as minerals, production of crude oil and	138524
natural gas, or directly in the rendition of a public utility	138525
service, except that the sales tax levied by this section shall be	138526
collected upon all meals, drinks, and food for human consumption	138527
sold when transporting persons. Persons engaged in rendering	138528
services in the exploration for, and production of, crude oil and	138529
natural gas for others are deemed engaged directly in the	138530
exploration for, and production of, crude oil and natural gas.	138531
This paragraph does not exempt from "retail sale" or "sales at	138532
retail" the sale of tangible personal property that is to be	138533
incorporated into a structure or improvement to real property.	138534

(b) To hold the thing transferred as security for the	138535
performance of an obligation of the vendor;	138536

(c) To resell, hold, use, or consume the thing transferred as	138537
evidence of a contract of insurance;	138538

(d) To use or consume the thing directly in commercial	138539
fishing;	138540

(e) To incorporate the thing transferred as a material or a	138541
part into, or to use or consume the thing transferred directly in	138542
the production of, magazines distributed as controlled circulation	138543
publications;	138544

(f) To use or consume the thing transferred in the production	138545
and preparation in suitable condition for market and sale of	138546
printed, imprinted, overprinted, lithographic, multilithic,	138547
blueprinted, photostatic, or other productions or reproductions of	138548
written or graphic matter;	138549

(g) To use the thing transferred, as described in section	138550
5739.011 of the Revised Code, primarily in a manufacturing	138551
operation to produce tangible personal property for sale;	138552

(h) To use the benefit of a warranty, maintenance or service	138553
contract, or similar agreement, as described in division (B)(7) of	138554
section 5739.01 of the Revised Code, to repair or maintain	138555
tangible personal property, if all of the property that is the	138556
subject of the warranty, contract, or agreement would not be	138557
subject to the tax imposed by this section;	138558

(i) To use the thing transferred as qualified research and	138559
development equipment;	138560

(j) To use or consume the thing transferred primarily in	138561
storing, transporting, mailing, or otherwise handling purchased	138562
sales inventory in a warehouse, distribution center, or similar	138563
facility when the inventory is primarily distributed outside this	138564
state to retail stores of the person who owns or controls the	138565
warehouse, distribution center, or similar facility, to retail	138566
stores of an affiliated group of which that person is a member, or	138567
by means of direct marketing. This division does not apply to	138568
motor vehicles registered for operation on the public highways. As	138569
used in this division, "affiliated group" has the same meaning as	138570
in division (B)(3)(e) of section 5739.01 of the Revised Code and	138571
"direct marketing" has the same meaning as in division (B)(35) of	138572
this section.	138573

(k) To use or consume the thing transferred to fulfill a	138574
contractual obligation incurred by a warrantor pursuant to a	138575
warranty provided as a part of the price of the tangible personal	138576
property sold or by a vendor of a warranty, maintenance or service	138577
contract, or similar agreement the provision of which is defined	138578
as a sale under division (B)(7) of section 5739.01 of the Revised	138579
Code;	138580

(l) To use or consume the thing transferred in the production	138581
of a newspaper for distribution to the public;	138582

(m) To use tangible personal property to perform a service	138583
listed in division (B)(3) of section 5739.01 of the Revised Code,	138584
if the property is or is to be permanently transferred to the	138585
consumer of the service as an integral part of the performance of	138586
the service;	138587

(n) To use or consume the thing transferred primarily in	138588
producing tangible personal property for sale by farming,	138589
agriculture, horticulture, or floriculture. Persons engaged in	138590
rendering farming, agriculture, horticulture, or floriculture	138591
services for others are deemed engaged primarily in farming,	138592
agriculture, horticulture, or floriculture. This paragraph does	138593
not exempt from "retail sale" or "sales at retail" the sale of	138594
tangible personal property that is to be incorporated into a	138595
structure or improvement to real property.	138596

(o) To use or consume the thing transferred in acquiring,	138597
formatting, editing, storing, and disseminating data or	138598
information by electronic publishing.	138599

As used in division (B)(42) of this section, "thing" includes	138600
all transactions included in divisions (B)(3)(a), (b), and (e) of	138601
section 5739.01 of the Revised Code.	138602

(43) Sales conducted through a coin operated device that	138603
activates vacuum equipment or equipment that dispenses water,	138604
whether or not in combination with soap or other cleaning agents	138605
or wax, to the consumer for the consumer's use on the premises in	138606
washing, cleaning, or waxing a motor vehicle, provided no other	138607
personal property or personal service is provided as part of the	138608
transaction.	138609

(44) Sales of replacement and modification parts for engines,	138610
airframes, instruments, and interiors in, and paint for, aircraft	138611
used primarily in a fractional aircraft ownership program, and	138612
sales of services for the repair, modification, and maintenance of	138613
such aircraft, and machinery, equipment, and supplies primarily	138614
used to provide those services.	138615

(45) Sales of telecommunications service that is used	138616
directly and primarily to perform the functions of a call center.	138617
As used in this division, "call center" means any physical	138618
location where telephone calls are placed or received in high	138619
volume for the purpose of making sales, marketing, customer	138620
service, technical support, or other specialized business	138621
activity, and that employs at least fifty individuals that engage	138622
in call center activities on a full-time basis, or sufficient	138623
individuals to fill fifty full-time equivalent positions.	138624

(46) Sales by a telecommunications service vendor of 900	138625
service to a subscriber. This division does not apply to	138626
information services, as defined in division (FF) of section	138627
5739.01 of the Revised Code.	138628

(47) Sales of value-added non-voice data service. This	138629
division does not apply to any similar service that is not	138630
otherwise a telecommunications service.	138631

(48)(a) Sales of machinery, equipment, and software to a	138632
qualified direct selling entity for use in a warehouse or	138633
distribution center primarily for storing, transporting, or	138634
otherwise handling inventory that is held for sale to independent	138635
salespersons who operate as direct sellers and that is held	138636
primarily for distribution outside this state;	138637

(b) As used in division (B)(48)(a) of this section:

138638

(i) "Direct seller" means a person selling consumer products	138639
to individuals for personal or household use and not from a fixed	138640
retail location, including selling such product at in-home product	138641
demonstrations, parties, and other one-on-one selling.	138642

(ii) "Qualified direct selling entity" means an entity	138643
selling to direct sellers at the time the entity enters into a tax	138644
credit agreement with the tax credit authority pursuant to section	138645
122.17 of the Revised Code, provided that the agreement was	138646
entered into on or after January 1, 2007. Neither contingencies	138647
relevant to the granting of, nor later developments with respect	138648
to, the tax credit shall impair the status of the qualified direct	138649
selling entity under division (B)(48) of this section after	138650
execution of the tax credit agreement by the tax credit authority.	138651

(c) Division (B)(48) of this section is limited to machinery,	138652
equipment, and software first stored, used, or consumed in this	138653
state within the period commencing June 24, 2008, and ending on	138654
the date that is five years after that date.	138655

(49)(a) Sales of materials, parts, equipment, or engines used	138656
in the repair or maintenance of aircraft or avionics systems of	138657
such aircraft, and sales of repair, remodeling, replacement, or	138658
maintenance services in this state performed on aircraft or on an	138659
aircraft's avionics, engine, or component materials or parts. As	138660
used in division (B)(49)(a) of this section, "aircraft" means	138661
aircraft of more than six thousand pounds maximum certified	138662
takeoff weight or used exclusively in general aviation.	138663

(b) Sales of tangible personal property, including materials,	138664
parts, equipment, software, supplies, tools, fuel, catalysts, oil,	138665
acids, and other consumables, or services used or consumed in	138666
performing research and development activities with respect to	138667
aerospace vehicles, the parts, avionics systems, control systems,	138668
engines, software, component materials, or component parts of such	138669
aerospace vehicles, and human performance equipment and technology	138670
associated with operating and testing aerospace vehicles. As used	138671
in division (B)(49)(b) of this section, "aerospace vehicles" means	138672
any manned or unmanned aviation device including, but not limited	138673
to, aircraft, airplanes, helicopters, missiles, rockets, and space	138674
vehicles.	138675

(50) Sales of full flight simulators that are used for pilot	138676
or flight-crew training, sales of repair or replacement parts or	138677
components, and sales of repair or maintenance services for such	138678
full flight simulators. "Full flight simulator" means a replica of	138679
a specific type, or make, model, and series of aircraft cockpit.	138680
It includes the assemblage of equipment and computer programs	138681
necessary to represent aircraft operations in ground and flight	138682
conditions, a visual system providing an out-of-the-cockpit view,	138683
and a system that provides cues at least equivalent to those of a	138684
three-degree-of-freedom motion system, and has the full range of	138685
capabilities of the systems installed in the device as described	138686
in appendices A and B of part 60 of chapter 1 of title 14 of the	138687
Code of Federal Regulations.	138688

(51) Any transfer or lease of tangible personal property	138689
between the state and a successful proposer in accordance with	138690
sections 126.60 to 126.605 of the Revised Code, provided the	138691
property is part of a project as defined in section 126.60 of the	138692
Revised Code and the state retains ownership of the project or	138693
part thereof that is being transferred or leased, between the	138694
state and JobsOhio in accordance with section 4313.02 of the	138695
Revised Code.	138696

(52)(a) Sales to a qualifying corporation.

138697

(b) As used in division (B)(52) of this section:

138698

(i) "Qualifying corporation" means a nonprofit corporation	138699
organized in this state that leases from an eligible county land,	138700
buildings, structures, fixtures, and improvements to the land that	138701
are part of or used in a public recreational facility used by a	138702
major league professional athletic team or a class A to class AAA	138703
minor league affiliate of a major league professional athletic	138704
team for a significant portion of the team's home schedule,	138705
provided the following apply:	138706

(I) The facility is leased from the eligible county pursuant	138707
to a lease that requires substantially all of the revenue from the	138708
operation of the business or activity conducted by the nonprofit	138709
corporation at the facility in excess of operating costs, capital	138710
expenditures, and reserves to be paid to the eligible county at	138711
least once per calendar year.	138712

(II) Upon dissolution and liquidation of the nonprofit	138713
corporation, all of its net assets are distributable to the board	138714
of commissioners of the eligible county from which the corporation	138715
leases the facility.	138716

(ii) "Eligible county" has the same meaning as in section	138717
307.695 of the Revised Code.	138718

(C) For the purpose of the proper administration of this	138719
chapter, and to prevent the evasion of the tax, it is presumed	138720
that all sales made in this state are subject to the tax until the	138721
contrary is established.	138722

(D) The levy of this tax on retail sales of recreation and	138723
sports club service shall not prevent a municipal corporation from	138724
levying any tax on recreation and sports club dues or on any	138725
income generated by recreation and sports club dues.	138726

(E) The tax collected by the vendor from the consumer under	138727
this chapter is not part of the price, but is a tax collection for	138728
the benefit of the state, and of counties levying an additional	138729
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	138730
Code and of transit authorities levying an additional sales tax	138731
pursuant to section 5739.023 of the Revised Code. Except for the	138732
discount authorized under section 5739.12 of the Revised Code and	138733
the effects of any rounding pursuant to section 5703.055 of the	138734
Revised Code, no person other than the state or such a county or	138735
transit authority shall derive any benefit from the collection or	138736
payment of the tax levied by this section or section 5739.021,	138737
5739.023, or 5739.026 of the Revised Code.	138738

Sec. 5739.026. (A) A board of county commissioners may levy	138739
a tax of one-fourth or one-half of one per cent on every retail	138740
sale in the county, except sales of watercraft and outboard motors	138741
required to be titled pursuant to Chapter 1548. of the Revised	138742
Code and sales of motor vehicles, and may increase an existing	138743
rate of one-fourth of one per cent to one-half of one per cent, to	138744
pay the expenses of administering the tax and, except as provided	138745
in division (A)(6) of this section, for any one or more of the	138746
following purposes provided that the aggregate levy for all such	138747
purposes does not exceed one-half of one per cent:	138748

(1) To provide additional revenues for the payment of bonds	138749
or notes issued in anticipation of bonds issued by a convention	138750
facilities authority established by the board of county	138751
commissioners under Chapter 351. of the Revised Code and to	138752
provide additional operating revenues for the convention	138753
facilities authority;	138754

(2) To provide additional revenues for a transit authority	138755
operating in the county;	138756

(3) To provide additional revenue for the county's general	138757
fund;	138758

(4) To provide additional revenue for permanent improvements	138759
within the county to be distributed by the community improvements	138760
board in accordance with section 307.283 and to pay principal,	138761
interest, and premium on bonds issued under section 307.284 of the	138762
Revised Code;	138763

(5) To provide additional revenue for the acquisition,	138764
construction, equipping, or repair of any specific permanent	138765
improvement or any class or group of permanent improvements, which	138766
improvement or class or group of improvements shall be enumerated	138767
in the resolution required by division (D) of this section, and to	138768
pay principal, interest, premium, and other costs associated with	138769
the issuance of bonds or notes in anticipation of bonds issued	138770
pursuant to Chapter 133. of the Revised Code for the acquisition,	138771
construction, equipping, or repair of the specific permanent	138772
improvement or class or group of permanent improvements;	138773

(6) To provide revenue for the implementation and operation	138774
of a 9-1-1 system in the county. If the tax is levied or the rate	138775
increased exclusively for such purpose, the tax shall not be	138776
levied or the rate increased for more than five years. At the end	138777
of the last year the tax is levied or the rate increased, any	138778
balance remaining in the special fund established for such purpose	138779
shall remain in that fund and be used exclusively for such purpose	138780
until the fund is completely expended, and, notwithstanding	138781
section 5705.16 of the Revised Code, the board of county	138782
commissioners shall not petition for the transfer of money from	138783
such special fund, and the tax commissioner shall not approve such	138784
a petition.	138785

If the tax is levied or the rate increased for such purpose	138786
for more than five years, the board of county commissioners also	138787
shall levy the tax or increase the rate of the tax for one or more	138788
of the purposes described in divisions (A)(1) to (5) of this	138789
section and shall prescribe the method for allocating the revenues	138790
from the tax each year in the manner required by division (C) of	138791
this section.	138792

(7) To provide additional revenue for the operation or	138793
maintenance of a detention facility, as that term is defined under	138794
division (F) of section 2921.01 of the Revised Code;	138795

(8) To provide revenue to finance the construction or	138796
renovation of a sports facility, but only if the tax is levied for	138797
that purpose in the manner prescribed by section 5739.028 of the	138798
Revised Code.	138799

As used in division (A)(8) of this section:

138800

(a) "Sports facility" means a facility intended to house	138801
major league professional athletic teams.	138802

(b) "Constructing" or "construction" includes providing	138803
fixtures, furnishings, and equipment.	138804

(9) To provide additional revenue for the acquisition of	138805
agricultural easements, as defined in section 5301.67 of the	138806
Revised Code; to pay principal, interest, and premium on bonds	138807
issued under section 133.60 of the Revised Code; and for the	138808
supervision and enforcement of agricultural easements held by the	138809
county;	138810

(10) To provide revenue for the provision of ambulance,	138811
paramedic, or other emergency medical services;	138812

(11) To provide revenue for the operation of a lake	138813
facilities authority and the remediation of an impacted watershed	138814
by a lake facilities authority, as provided in Chapter 353. of the	138815
Revised Code.	138816

Pursuant to section 755.171 of the Revised Code, a board of	138817
county commissioners may pledge and contribute revenue from a tax	138818
levied for the purpose of division (A)(5) of this section to the	138819
payment of debt charges on bonds issued under section 755.17 of	138820
the Revised Code.	138821

The rate of tax shall be a multiple of one-fourth of one per	138822
cent, unless a portion of the rate of an existing tax levied under	138823
section 5739.023 of the Revised Code has been reduced, and the	138824
rate of tax levied under this section has been increased, pursuant	138825
to section 5739.028 of the Revised Code, in which case the	138826
aggregate of the rates of tax levied under this section and	138827
section 5739.023 of the Revised Code shall be a multiple of	138828
one-fourth of one per cent. The tax shall be levied and the rate	138829
increased pursuant to a resolution adopted by a majority of the	138830
members of the board. The board shall deliver a certified copy of	138831
the resolution to the tax commissioner, not later than the	138832
sixty-fifth day prior to the date on which the tax is to become	138833
effective, which shall be the first day of a calendar quarter.	138834

Prior to the adoption of any resolution to levy the tax or to	138835
increase the rate of tax exclusively for the purpose set forth in	138836
division (A)(3) of this section, the board of county commissioners	138837
shall conduct two public hearings on the resolution, the second	138838
hearing to be no fewer than three nor more than ten days after the	138839
first. Notice of the date, time, and place of the hearings shall	138840
be given by publication in a newspaper of general circulation in	138841
the county, or as provided in section 7.16 of the Revised Code,	138842
once a week on the same day of the week for two consecutive weeks.	138843
The second publication shall be no fewer than ten nor more than	138844
thirty days prior to the first hearing. Except as provided in	138845
division (E) of this section, the resolution shall be subject to a	138846
referendum as provided in sections 305.31 to 305.41 of the Revised	138847
Code. If the resolution is adopted as an emergency measure	138848
necessary for the immediate preservation of the public peace,	138849
health, or safety, it must receive an affirmative vote of all of	138850
the members of the board of county commissioners and shall state	138851
the reasons for the necessity.	138852

If the tax is for more than one of the purposes set forth in	138853
divisions (A)(1) to (7), (9), and (10) of this section, or is	138854
exclusively for one of the purposes set forth in division (A)(1),	138855
(2), (4), (5), (6), (7), (9), or (10) of this section, the	138856
resolution shall not go into effect unless it is approved by a	138857
majority of the electors voting on the question of the tax.	138858

(B) The board of county commissioners shall adopt a	138859
resolution under section 351.02 of the Revised Code creating the	138860
convention facilities authority, or under section 307.283 of the	138861
Revised Code creating the community improvements board, before	138862
adopting a resolution levying a tax for the purpose of a	138863
convention facilities authority under division (A)(1) of this	138864
section or for the purpose of a community improvements board under	138865
division (A)(4) of this section.	138866

(C)(1) If the tax is to be used for more than one of the	138867
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	138868
this section, the board of county commissioners shall establish	138869
the method that will be used to determine the amount or proportion	138870
of the tax revenue received by the county during each year that	138871
will be distributed for each of those purposes, including, if	138872
applicable, provisions governing the reallocation of a convention	138873
facilities authority's allocation if the authority is dissolved	138874
while the tax is in effect. The allocation method may provide that	138875
different proportions or amounts of the tax shall be distributed	138876
among the purposes in different years, but it shall clearly	138877
describe the method that will be used for each year. Except as	138878
otherwise provided in division (C)(2) of this section, the	138879
allocation method established by the board is not subject to	138880
amendment during the life of the tax.	138881

(2) Subsequent to holding a public hearing on the proposed	138882
amendment, the board of county commissioners may amend the	138883
allocation method established under division (C)(1) of this	138884
section for any year, if the amendment is approved by the	138885
governing board of each entity whose allocation for the year would	138886
be reduced by the proposed amendment. In the case of a tax that is	138887
levied for a continuing period of time, the board may not so amend	138888
the allocation method for any year before the sixth year that the	138889
tax is in effect.	138890

(a) If the additional revenues provided to the convention	138891
facilities authority are pledged by the authority for the payment	138892
of convention facilities authority revenue bonds for as long as	138893
such bonds are outstanding, no reduction of the authority's	138894
allocation of the tax shall be made for any year except to the	138895
extent that the reduced authority allocation, when combined with	138896
the authority's other revenues pledged for that purpose, is	138897
sufficient to meet the debt service requirements for that year on	138898
such bonds.	138899

(b) If the additional revenues provided to the county are	138900
pledged by the county for the payment of bonds or notes described	138901
in division (A)(4) or (5) of this section, for as long as such	138902
bonds or notes are outstanding, no reduction of the county's or	138903
the community improvements board's allocation of the tax shall be	138904
made for any year, except to the extent that the reduced county or	138905
community improvements board allocation is sufficient to meet the	138906
debt service requirements for that year on such bonds or notes.	138907

(c) If the additional revenues provided to the transit	138908
authority are pledged by the authority for the payment of revenue	138909
bonds issued under section 306.37 of the Revised Code, for as long	138910
as such bonds are outstanding, no reduction of the authority's	138911
allocation of tax shall be made for any year, except to the extent	138912
that the authority's reduced allocation, when combined with the	138913
authority's other revenues pledged for that purpose, is sufficient	138914
to meet the debt service requirements for that year on such bonds.	138915

(d) If the additional revenues provided to the county are	138916
pledged by the county for the payment of bonds or notes issued	138917
under section 133.60 of the Revised Code, for so long as the bonds	138918
or notes are outstanding, no reduction of the county's allocation	138919
of the tax shall be made for any year, except to the extent that	138920
the reduced county allocation is sufficient to meet the debt	138921
service requirements for that year on the bonds or notes.	138922

(D)(1) The resolution levying the tax or increasing the rate	138923
of tax shall state the rate of the tax or the rate of the	138924
increase; the purpose or purposes for which it is to be levied;	138925
the number of years for which it is to be levied or that it is for	138926
a continuing period of time; the allocation method required by	138927
division (C) of this section; and if required to be submitted to	138928
the electors of the county under division (A) of this section, the	138929
date of the election at which the proposal shall be submitted to	138930
the electors of the county, which shall be not less than ninety	138931
days after the certification of a copy of the resolution to the	138932
board of elections and, if the tax is to be levied exclusively for	138933
the purpose set forth in division (A)(3) of this section, shall	138934
not occur in February or August of any year. Upon certification of	138935
the resolution to the board of elections, the board of county	138936
commissioners shall notify the tax commissioner in writing of the	138937
levy question to be submitted to the electors. If approved by a	138938
majority of the electors, the tax shall become effective on the	138939
first day of a calendar quarter next following the sixty-fifth day	138940
following the date the board of county commissioners and tax	138941
commissioner receive from the board of elections the certification	138942
of the results of the election, except as provided in division (E)	138943
of this section.	138944

(2)(a) A resolution specifying that the tax is to be used	138945
exclusively for the purpose set forth in division (A)(3) of this	138946
section that is not adopted as an emergency measure may direct the	138947
board of elections to submit the question of levying the tax or	138948
increasing the rate of the tax to the electors of the county at a	138949
special election held on the date specified by the board of county	138950
commissioners in the resolution, provided that the election occurs	138951
not less than ninety days after the resolution is certified to the	138952
board of elections and the election is not held in February or	138953
August of any year. Upon certification of the resolution to the	138954
board of elections, the board of county commissioners shall notify	138955
the tax commissioner in writing of the levy question to be	138956
submitted to the electors. No resolution adopted under division	138957
(D)(2)(a) of this section shall go into effect unless approved by	138958
a majority of those voting upon it and, except as provided in	138959
division (E) of this section, not until the first day of a	138960
calendar quarter following the expiration of sixty-five days from	138961
the date the tax commissioner receives notice from the board of	138962
elections of the affirmative vote.	138963

(b) A resolution specifying that the tax is to be used	138964
exclusively for the purpose set forth in division (A)(3) of this	138965
section that is adopted as an emergency measure shall become	138966
effective as provided in division (A) of this section, but may	138967
direct the board of elections to submit the question of repealing	138968
the tax or increase in the rate of the tax to the electors of the	138969
county at the next general election in the county occurring not	138970
less than ninety days after the resolution is certified to the	138971
board of elections. Upon certification of the resolution to the	138972
board of elections, the board of county commissioners shall notify	138973
the tax commissioner in writing of the levy question to be	138974
submitted to the electors. The ballot question shall be the same	138975
as that prescribed in section 5739.022 of the Revised Code. The	138976
board of elections shall notify the board of county commissioners	138977
and the tax commissioner of the result of the election immediately	138978
after the result has been declared. If a majority of the qualified	138979
electors voting on the question of repealing the tax or increase	138980
in the rate of the tax vote for repeal of the tax or repeal of the	138981
increase, the board of county commissioners, on the first day of a	138982
calendar quarter following the expiration of sixty-five days after	138983
the date the board and tax commissioner received notice of the	138984
result of the election, shall, in the case of a repeal of the tax,	138985
cease to levy the tax, or, in the case of a repeal of an increase	138986
in the rate of the tax, cease to levy the increased rate and levy	138987
the tax at the rate at which it was imposed immediately prior to	138988
the increase in rate.	138989

(c) A board of county commissioners, by resolution, may	138990
reduce the rate of a tax levied exclusively for the purpose set	138991
forth in division (A)(3) of this section to a lower rate	138992
authorized by this section. Any such reduction shall be made	138993
effective on the first day of the calendar quarter next following	138994
the sixty-fifth day after the tax commissioner receives a	138995
certified copy of the resolution from the board.	138996

(E) If a vendor makes a sale in this state by printed catalog	138997
and the consumer computed the tax on the sale based on local rates	138998
published in the catalog, any tax levied or repealed or rate	138999
changed under this section shall not apply to such a sale until	139000
the first day of a calendar quarter following the expiration of	139001
one hundred twenty days from the date of notice by the tax	139002
commissioner pursuant to division (G) of this section.	139003

(F) The tax levied pursuant to this section shall be in	139004
addition to the tax levied by section 5739.02 of the Revised Code	139005
and any tax levied pursuant to section 5739.021 or 5739.023 of the	139006
Revised Code.	139007

A county that levies a tax pursuant to this section shall	139008
levy a tax at the same rate pursuant to section 5741.023 of the	139009
Revised Code.	139010

The additional tax levied by the county shall be collected	139011
pursuant to section 5739.025 of the Revised Code.	139012

Any tax levied pursuant to this section is subject to the	139013
exemptions provided in section 5739.02 of the Revised Code and in	139014
addition shall not be applicable to sales not within the taxing	139015
power of a county under the Constitution of the United States or	139016
the Ohio Constitution.	139017

(G) Upon receipt from a board of county commissioners of a	139018
certified copy of a resolution required by division (A) of this	139019
section, or from the board of elections a notice of the results of	139020
an election required by division (D)(1), (2)(a), (b), or (c) of	139021
this section, the tax commissioner shall provide notice of a tax	139022
rate change in a manner that is reasonably accessible to all	139023
affected vendors. The commissioner shall provide this notice at	139024
least sixty days prior to the effective date of the rate change.	139025
The commissioner, by rule, may establish the method by which	139026
notice will be provided.	139027

Sec. 5739.09. (A)(1) A board of county commissioners may, by	139028
resolution adopted by a majority of the members of the board, levy	139029
an excise tax not to exceed three per cent on transactions by	139030
which lodging by a hotel is or is to be furnished to transient	139031
guests. The board shall establish all regulations necessary to	139032
provide for the administration and allocation of the tax. The	139033
regulations may prescribe the time for payment of the tax, and may	139034
provide for the imposition of a penalty or interest, or both, for	139035
late payments, provided that the penalty does not exceed ten per	139036
cent of the amount of tax due, and the rate at which interest	139037
accrues does not exceed the rate per annum prescribed pursuant to	139038
section 5703.47 of the Revised Code. Except as provided in	139039
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	139040
regulations shall provide, after deducting the real and actual	139041
costs of administering the tax, for the return to each municipal	139042
corporation or township that does not levy an excise tax on the	139043
transactions, a uniform percentage of the tax collected in the	139044
municipal corporation or in the unincorporated portion of the	139045
township from each transaction, not to exceed thirty-three and	139046
one-third per cent. The remainder of the revenue arising from the	139047
tax shall be deposited in a separate fund and shall be spent	139048
solely to make contributions to the convention and visitors'	139049
bureau operating within the county, including a pledge and	139050
contribution of any portion of the remainder pursuant to an	139051
agreement authorized by section 307.695 of the Revised Code,	139052
provided that if the board of county commissioners of an eligible	139053
county as defined in section 307.695 of the Revised Code adopts a	139054
resolution amending a resolution levying a tax under this division	139055
to provide that the revenue from the tax shall be used by the	139056
board as described in division (H) of section 307.695 of the	139057
Revised Code, the remainder of the revenue shall be used as	139058
described in the resolution making that amendment. Except as	139059
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	139060
this section, on and after May 10, 1994, a board of county	139061
commissioners may not levy an excise tax pursuant to this division	139062
in any municipal corporation or township located wholly or partly	139063
within the county that has in effect an ordinance or resolution	139064
levying an excise tax pursuant to division (B) of this section.	139065
The board of a county that has levied a tax under division (C) of	139066
this section may, by resolution adopted within ninety days after	139067
July 15, 1985, by a majority of the members of the board, amend	139068
the resolution levying a tax under this division to provide for a	139069
portion of that tax to be pledged and contributed in accordance	139070
with an agreement entered into under section 307.695 of the	139071
Revised Code. A tax, any revenue from which is pledged pursuant to	139072
such an agreement, shall remain in effect at the rate at which it	139073
is imposed for the duration of the period for which the revenue	139074
from the tax has been so pledged.	139075

The board of county commissioners of an eligible county as	139076
defined in section 307.695 of the Revised Code may, by resolution	139077
adopted by a majority of the members of the board, amend a	139078
resolution levying a tax under this division to provide that the	139079
revenue from the tax shall be used by the board as described in	139080
division (H) of section 307.695 of the Revised Code, in which case	139081
the tax shall remain in effect at the rate at which it was imposed	139082
for the duration of any agreement entered into by the board under	139083
section 307.695 of the Revised Code, the duration during which any	139084
securities issued by the board under that section are outstanding,	139085
or the duration of the period during which the board owns a	139086
project as defined in section 307.695 of the Revised Code,	139087
whichever duration is longest.	139088

(2) A board of county commissioners that levies an excise tax	139089
under division (A)(1) of this section on June 30, 1997, at a rate	139090
of three per cent, and that has pledged revenue from the tax to an	139091
agreement entered into under section 307.695 of the Revised Code	139092
or, in the case of the board of county commissioners of an	139093
eligible county as defined in section 307.695 of the Revised Code,	139094
has amended a resolution levying a tax under division (C) of this	139095
section to provide that proceeds from the tax shall be used by the	139096
board as described in division (H) of section 307.695 of the	139097
Revised Code, may, at any time by a resolution adopted by a	139098
majority of the members of the board, amend the resolution levying	139099
a tax under division (A)(1) of this section to provide for an	139100
increase in the rate of that tax up to seven per cent on each	139101
transaction; to provide that revenue from the increase in the rate	139102
shall be used as described in division (H) of section 307.695 of	139103
the Revised Code or be spent solely to make contributions to the	139104
convention and visitors' bureau operating within the county to be	139105
used specifically for promotion, advertising, and marketing of the	139106
region in which the county is located; and to provide that the	139107
rate in excess of the three per cent levied under division (A)(1)	139108
of this section shall remain in effect at the rate at which it is	139109
imposed for the duration of the period during which any agreement	139110
is in effect that was entered into under section 307.695 of the	139111
Revised Code by the board of county commissioners levying a tax	139112
under division (A)(1) of this section, the duration of the period	139113
during which any securities issued by the board under division (I)	139114
of section 307.695 of the Revised Code are outstanding, or the	139115
duration of the period during which the board owns a project as	139116
defined in section 307.695 of the Revised Code, whichever duration	139117
is longest. The amendment also shall provide that no portion of	139118
that revenue need be returned to townships or municipal	139119
corporations as would otherwise be required under division (A)(1)	139120
of this section.	139121

(3) A board of county commissioners that levies a tax under	139122
division (A)(1) of this section on March 18, 1999, at a rate of	139123
three per cent may, by resolution adopted not later than	139124
forty-five days after March 18, 1999, amend the resolution levying	139125
the tax to provide for all of the following:	139126

(a) That the rate of the tax shall be increased by not more	139127
than an additional four per cent on each transaction;	139128

(b) That all of the revenue from the increase in the rate	139129
shall be pledged and contributed to a convention facilities	139130
authority established by the board of county commissioners under	139131
Chapter 351. of the Revised Code on or before November 15, 1998,	139132
and used to pay costs of constructing, maintaining, operating, and	139133
promoting a facility in the county, including paying bonds, or	139134
notes issued in anticipation of bonds, as provided by that	139135
chapter;	139136

(c) That no portion of the revenue arising from the increase	139137
in rate need be returned to municipal corporations or townships as	139138
otherwise required under division (A)(1) of this section;	139139

(d) That the increase in rate shall not be subject to	139140
diminution by initiative or referendum or by law while any bonds,	139141
or notes in anticipation of bonds, issued by the authority under	139142
Chapter 351. of the Revised Code to which the revenue is pledged,	139143
remain outstanding in accordance with their terms, unless	139144
provision is made by law or by the board of county commissioners	139145
for an adequate substitute therefor that is satisfactory to the	139146
trustee if a trust agreement secures the bonds.	139147

Division (A)(3) of this section does not apply to the board	139148
of county commissioners of any county in which a convention center	139149
or facility exists or is being constructed on November 15, 1998,	139150
or of any county in which a convention facilities authority levies	139151
a tax pursuant to section 351.021 of the Revised Code on that	139152
date.	139153

As used in division (A)(3) of this section, "cost" and	139154
"facility" have the same meanings as in section 351.01 of the	139155
Revised Code, and "convention center" has the same meaning as in	139156
section 307.695 of the Revised Code.	139157

(4)(a) A board of county commissioners that levies a tax	139158
under division (A)(1) of this section on June 30, 2002, at a rate	139159
of three per cent may, by resolution adopted not later than	139160
September 30, 2002, amend the resolution levying the tax to	139161
provide for all of the following:	139162

(i) That the rate of the tax shall be increased by not more	139163
than an additional three and one-half per cent on each	139164
transaction;	139165

(ii) That all of the revenue from the increase in rate shall	139166
be pledged and contributed to a convention facilities authority	139167
established by the board of county commissioners under Chapter	139168
351. of the Revised Code on or before May 15, 2002, and be used to	139169
pay costs of constructing, expanding, maintaining, operating, or	139170
promoting a convention center in the county, including paying	139171
bonds, or notes issued in anticipation of bonds, as provided by	139172
that chapter;	139173

(iii) That no portion of the revenue arising from the	139174
increase in rate need be returned to municipal corporations or	139175
townships as otherwise required under division (A)(1) of this	139176
section;	139177

(iv) That the increase in rate shall not be subject to	139178
diminution by initiative or referendum or by law while any bonds,	139179
or notes in anticipation of bonds, issued by the authority under	139180
Chapter 351. of the Revised Code to which the revenue is pledged,	139181
remain outstanding in accordance with their terms, unless	139182
provision is made by law or by the board of county commissioners	139183
for an adequate substitute therefor that is satisfactory to the	139184
trustee if a trust agreement secures the bonds.	139185

(b) Any board of county commissioners that, pursuant to	139186
division (A)(4)(a) of this section, has amended a resolution	139187
levying the tax authorized by division (A)(1) of this section may	139188
further amend the resolution to provide that the revenue referred	139189
to in division (A)(4)(a)(ii) of this section shall be pledged and	139190
contributed both to a convention facilities authority to pay the	139191
costs of constructing, expanding, maintaining, or operating one or	139192
more convention centers in the county, including paying bonds, or	139193
notes issued in anticipation of bonds, as provided in Chapter 351.	139194
of the Revised Code, and to a convention and visitors' bureau to	139195
pay the costs of promoting one or more convention centers in the	139196
county.	139197

As used in division (A)(4) of this section, "cost" has the	139198
same meaning as in section 351.01 of the Revised Code, and	139199
"convention center" has the same meaning as in section 307.695 of	139200
the Revised Code.	139201

(5)(a) As used in division (A)(5) of this section:

139202

(i) "Port authority" means a port authority created under	139203
Chapter 4582. of the Revised Code.	139204

(ii) "Port authority military-use facility" means port	139205
authority facilities on which or adjacent to which is located an	139206
installation of the armed forces of the United States, a reserve	139207
component thereof, or the national guard and at least part of	139208
which is made available for use, for consideration, by the armed	139209
forces of the United States, a reserve component thereof, or the	139210
national guard.	139211

(b) For the purpose of contributing revenue to pay operating	139212
expenses of a port authority that operates a port authority	139213
military-use facility, the board of county commissioners of a	139214
county that created, participated in the creation of, or has	139215
joined such a port authority may do one or both of the following:	139216

(i) Amend a resolution previously adopted under division	139217
(A)(1) of this section to designate some or all of the revenue	139218
from the tax levied under the resolution to be used for that	139219
purpose, notwithstanding that division;	139220

(ii) Amend a resolution previously adopted under division	139221
(A)(1) of this section to increase the rate of the tax by not more	139222
than an additional two per cent and use the revenue from the	139223
increase exclusively for that purpose.	139224

(c) If a board of county commissioners amends a resolution to	139225
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	139226
of this section, the board also may amend the resolution to	139227
specify that the increase in rate of the tax does not apply to	139228
"hotels," as otherwise defined in section 5739.01 of the Revised	139229
Code, having fewer rooms used for the accommodation of guests than	139230
a number of rooms specified by the board.	139231

(6) A board of county commissioners of a county organized	139232
under a county charter adopted pursuant to Article X, Section 3,	139233
Ohio Constitution, and that levies an excise tax under division	139234
(A)(1) of this section at a rate of three per cent and levies an	139235
additional excise tax under division (E) of this section at a rate	139236
of one and one-half per cent may, by resolution adopted not later	139237
than January 1, 2008, by a majority of the members of the board,	139238
amend the resolution levying a tax under division (A)(1) of this	139239
section to provide for an increase in the rate of that tax by not	139240
more than an additional one per cent on transactions by which	139241
lodging by a hotel is or is to be furnished to transient guests.	139242
Notwithstanding divisions (A)(1) and (E) of this section, the	139243
resolution shall provide that all of the revenue from the increase	139244
in rate, after deducting the real and actual costs of	139245
administering the tax, shall be used to pay the costs of	139246
improving, expanding, equipping, financing, or operating a	139247
convention center by a convention and visitors' bureau in the	139248
county. The increase in rate shall remain in effect for the period	139249
specified in the resolution, not to exceed ten years. The increase	139250
in rate shall be subject to the regulations adopted under division	139251
(A)(1) of this section, except that the resolution may provide	139252
that no portion of the revenue from the increase in the rate shall	139253
be returned to townships or municipal corporations as would	139254
otherwise be required under that division.	139255

(7) Division (A)(7) of this section applies only to a county	139256
with a population greater than sixty-five thousand and less than	139257
seventy thousand according to the most recent federal decennial	139258
census and in which, on December 31, 2006, an excise tax is levied	139259
under division (A)(1) of this section at a rate not less than and	139260
not greater than three per cent, and in which the most recent	139261
increase in the rate of that tax was enacted or took effect in	139262
November 1984.	139263

The board of county commissioners of a county to which this	139264
division applies, by resolution adopted by a majority of the	139265
members of the board, may increase the rate of the tax by not more	139266
than one per cent on transactions by which lodging by a hotel is	139267
or is to be furnished to transient guests. The increase in rate	139268
shall be for the purpose of paying expenses deemed necessary by	139269
the convention and visitors' bureau operating in the county to	139270
promote travel and tourism. The increase in rate shall remain in	139271
effect for the period specified in the resolution, not to exceed	139272
twenty years, provided that the increase in rate may not continue	139273
beyond the time when the purpose for which the increase is levied	139274
ceases to exist. If revenue from the increase in rate is pledged	139275
to the payment of debt charges on securities, the increase in rate	139276
is not subject to diminution by initiative or referendum or by law	139277
for so long as the securities are outstanding, unless provision is	139278
made by law or by the board of county commissioners for an	139279
adequate substitute for that revenue that is satisfactory to the	139280
trustee if a trust agreement secures payment of the debt charges.	139281
The increase in rate shall be subject to the regulations adopted	139282
under division (A)(1) of this section, except that the resolution	139283
may provide that no portion of the revenue from the increase in	139284
the rate shall be returned to townships or municipal corporations	139285
as would otherwise be required under division (A)(1) of this	139286
section. A resolution adopted under division (A)(7) of this	139287
section is subject to referendum under sections 305.31 to 305.99	139288
of the Revised Code.	139289

(B)(1) The legislative authority of a municipal corporation	139290
or the board of trustees of a township that is not wholly or	139291
partly located in a county that has in effect a resolution levying	139292
an excise tax pursuant to division (A)(1) of this section may, by	139293
ordinance or resolution, levy an excise tax not to exceed three	139294
per cent on transactions by which lodging by a hotel is or is to	139295
be furnished to transient guests. The legislative authority of the	139296
municipal corporation or the board of trustees of the township	139297
shall deposit at least fifty per cent of the revenue from the tax	139298
levied pursuant to this division into a separate fund, which shall	139299
be spent solely to make contributions to convention and visitors'	139300
bureaus operating within the county in which the municipal	139301
corporation or township is wholly or partly located, and the	139302
balance of that revenue shall be deposited in the general fund.	139303
The municipal corporation or township shall establish all	139304
regulations necessary to provide for the administration and	139305
allocation of the tax. The regulations may prescribe the time for	139306
payment of the tax, and may provide for the imposition of a	139307
penalty or interest, or both, for late payments, provided that the	139308
penalty does not exceed ten per cent of the amount of tax due, and	139309
the rate at which interest accrues does not exceed the rate per	139310
annum prescribed pursuant to section 5703.47 of the Revised Code.	139311
The levy of a tax under this division is in addition to any tax	139312
imposed on the same transaction by a municipal corporation or a	139313
township as authorized by division (A) of section 5739.08 of the	139314
Revised Code.	139315

(2)(a) The legislative authority of the most populous	139316
municipal corporation located wholly or partly in a county in	139317
which the board of county commissioners has levied a tax under	139318
division (A)(4) of this section may amend, on or before September	139319
30, 2002, that municipal corporation's ordinance or resolution	139320
that levies an excise tax on transactions by which lodging by a	139321
hotel is or is to be furnished to transient guests, to provide for	139322
all of the following:	139323

(i) That the rate of the tax shall be increased by not more	139324
than an additional one per cent on each transaction;	139325

(ii) That all of the revenue from the increase in rate shall	139326
be pledged and contributed to a convention facilities authority	139327
established by the board of county commissioners under Chapter	139328
351. of the Revised Code on or before May 15, 2002, and be used to	139329
pay costs of constructing, expanding, maintaining, operating, or	139330
promoting a convention center in the county, including paying	139331
bonds, or notes issued in anticipation of bonds, as provided by	139332
that chapter;	139333

(iii) That the increase in rate shall not be subject to	139334
diminution by initiative or referendum or by law while any bonds,	139335
or notes in anticipation of bonds, issued by the authority under	139336
Chapter 351. of the Revised Code to which the revenue is pledged,	139337
remain outstanding in accordance with their terms, unless	139338
provision is made by law, by the board of county commissioners, or	139339
by the legislative authority, for an adequate substitute therefor	139340
that is satisfactory to the trustee if a trust agreement secures	139341
the bonds.	139342

(b) The legislative authority of a municipal corporation	139343
that, pursuant to division (B)(2)(a) of this section, has amended	139344
its ordinance or resolution to increase the rate of the tax	139345
authorized by division (B)(1) of this section may further amend	139346
the ordinance or resolution to provide that the revenue referred	139347
to in division (B)(2)(a)(ii) of this section shall be pledged and	139348
contributed both to a convention facilities authority to pay the	139349
costs of constructing, expanding, maintaining, or operating one or	139350
more convention centers in the county, including paying bonds, or	139351
notes issued in anticipation of bonds, as provided in Chapter 351.	139352
of the Revised Code, and to a convention and visitors' bureau to	139353
pay the costs of promoting one or more convention centers in the	139354
county.	139355

As used in division (B)(2) of this section, "cost" has the	139356
same meaning as in section 351.01 of the Revised Code, and	139357
"convention center" has the same meaning as in section 307.695 of	139358
the Revised Code.	139359

(C) For the purposes described in section 307.695 of the	139360
Revised Code and to cover the costs of administering the tax, a	139361
board of county commissioners of a county where a tax imposed	139362
under division (A)(1) of this section is in effect may, by	139363
resolution adopted within ninety days after July 15, 1985, by a	139364
majority of the members of the board, levy an additional excise	139365
tax not to exceed three per cent on transactions by which lodging	139366
by a hotel is or is to be furnished to transient guests. The tax	139367
authorized by this division shall be in addition to any tax that	139368
is levied pursuant to division (A) of this section, but it shall	139369
not apply to transactions subject to a tax levied by a municipal	139370
corporation or township pursuant to the authorization granted by	139371
division (A) of section 5739.08 of the Revised Code. The board	139372
shall establish all regulations necessary to provide for the	139373
administration and allocation of the tax. The regulations may	139374
prescribe the time for payment of the tax, and may provide for the	139375
imposition of a penalty or interest, or both, for late payments,	139376
provided that the penalty does not exceed ten per cent of the	139377
amount of tax due, and the rate at which interest accrues does not	139378
exceed the rate per annum prescribed pursuant to section 5703.47	139379
of the Revised Code. All revenues arising from the tax shall be	139380
expended in accordance with section 307.695 of the Revised Code.	139381
The board of county commissioners of an eligible county as defined	139382
in section 307.695 of the Revised Code may, by resolution adopted	139383
by a majority of the members of the board, amend the resolution	139384
levying a tax under this division to provide that the revenue from	139385
the tax shall be used by the board as described in division (H) of	139386
section 307.695 of the Revised Code. A tax imposed under this	139387
division shall remain in effect at the rate at which it is imposed	139388
for the duration of the period during which any agreement entered	139389
into by the board under section 307.695 of the Revised Code is in	139390
effect, the duration of the period during which any securities	139391
issued by the board under division (I) of section 307.695 of the	139392
Revised Code are outstanding, or the duration of the period during	139393
which the board owns a project as defined in section 307.695 of	139394
the Revised Code, whichever duration is longest.	139395

(D) For the purpose of providing contributions under division	139396
(B)(1) of section 307.671 of the Revised Code to enable the	139397
acquisition, construction, and equipping of a port authority	139398
educational and cultural facility in the county and, to the extent	139399
provided for in the cooperative agreement authorized by that	139400
section, for the purpose of paying debt service charges on bonds,	139401
or notes in anticipation of bonds, described in division (B)(1)(b)	139402
of that section, a board of county commissioners, by resolution	139403
adopted within ninety days after December 22, 1992, by a majority	139404
of the members of the board, may levy an additional excise tax not	139405
to exceed one and one-half per cent on transactions by which	139406
lodging by a hotel is or is to be furnished to transient guests.	139407
The excise tax authorized by this division shall be in addition to	139408
any tax that is levied pursuant to divisions (A), (B), and (C) of	139409
this section, to any excise tax levied pursuant to section 5739.08	139410
of the Revised Code, and to any excise tax levied pursuant to	139411
section 351.021 of the Revised Code. The board of county	139412
commissioners shall establish all regulations necessary to provide	139413
for the administration and allocation of the tax that are not	139414
inconsistent with this section or section 307.671 of the Revised	139415
Code. The regulations may prescribe the time for payment of the	139416
tax, and may provide for the imposition of a penalty or interest,	139417
or both, for late payments, provided that the penalty does not	139418
exceed ten per cent of the amount of tax due, and the rate at	139419
which interest accrues does not exceed the rate per annum	139420
prescribed pursuant to section 5703.47 of the Revised Code. All	139421
revenues arising from the tax shall be expended in accordance with	139422
section 307.671 of the Revised Code and division (D) of this	139423
section. The levy of a tax imposed under this division may not	139424
commence prior to the first day of the month next following the	139425
execution of the cooperative agreement authorized by section	139426
307.671 of the Revised Code by all parties to that agreement. The	139427
tax shall remain in effect at the rate at which it is imposed for	139428
the period of time described in division (C) of section 307.671 of	139429
the Revised Code for which the revenue from the tax has been	139430
pledged by the county to the corporation pursuant to that section,	139431
but, to any extent provided for in the cooperative agreement, for	139432
no lesser period than the period of time required for payment of	139433
the debt service charges on bonds, or notes in anticipation of	139434
bonds, described in division (B)(1)(b) of that section.	139435

(E) For the purpose of paying the costs of acquiring,	139436
constructing, equipping, and improving a municipal educational and	139437
cultural facility, including debt service charges on bonds	139438
provided for in division (B) of section 307.672 of the Revised	139439
Code, and for any additional purposes determined by the county in	139440
the resolution levying the tax or amendments to the resolution,	139441
including subsequent amendments providing for paying costs of	139442
acquiring, constructing, renovating, rehabilitating, equipping,	139443
and improving a port authority educational and cultural performing	139444
arts facility, as defined in section 307.674 of the Revised Code,	139445
and including debt service charges on bonds provided for in	139446
division (B) of section 307.674 of the Revised Code, the	139447
legislative authority of a county, by resolution adopted within	139448
ninety days after June 30, 1993, by a majority of the members of	139449
the legislative authority, may levy an additional excise tax not	139450
to exceed one and one-half per cent on transactions by which	139451
lodging by a hotel is or is to be furnished to transient guests.	139452
The excise tax authorized by this division shall be in addition to	139453
any tax that is levied pursuant to divisions (A), (B), (C), and	139454
(D) of this section, to any excise tax levied pursuant to section	139455
5739.08 of the Revised Code, and to any excise tax levied pursuant	139456
to section 351.021 of the Revised Code. The legislative authority	139457
of the county shall establish all regulations necessary to provide	139458
for the administration and allocation of the tax. The regulations	139459
may prescribe the time for payment of the tax, and may provide for	139460
the imposition of a penalty or interest, or both, for late	139461
payments, provided that the penalty does not exceed ten per cent	139462
of the amount of tax due, and the rate at which interest accrues	139463
does not exceed the rate per annum prescribed pursuant to section	139464
5703.47 of the Revised Code. All revenues arising from the tax	139465
shall be expended in accordance with section 307.672 of the	139466
Revised Code and this division. The levy of a tax imposed under	139467
this division shall not commence prior to the first day of the	139468
month next following the execution of the cooperative agreement	139469
authorized by section 307.672 of the Revised Code by all parties	139470
to that agreement. The tax shall remain in effect at the rate at	139471
which it is imposed for the period of time determined by the	139472
legislative authority of the county. That period of time shall not	139473
exceed fifteen years, except that the legislative authority of a	139474
county with a population of less than two hundred fifty thousand	139475
according to the most recent federal decennial census, by	139476
resolution adopted by a majority of its members before the	139477
original tax expires, may extend the duration of the tax for an	139478
additional period of time. The additional period of time by which	139479
a legislative authority extends a tax levied under this division	139480
shall not exceed fifteen years.	139481

(F) The legislative authority of a county that has levied a	139482
tax under division (E) of this section may, by resolution adopted	139483
within one hundred eighty days after January 4, 2001, by a	139484
majority of the members of the legislative authority, amend the	139485
resolution levying a tax under that division to provide for the	139486
use of the proceeds of that tax, to the extent that it is no	139487
longer needed for its original purpose as determined by the	139488
parties to a cooperative agreement amendment pursuant to division	139489
(D) of section 307.672 of the Revised Code, to pay costs of	139490
acquiring, constructing, renovating, rehabilitating, equipping,	139491
and improving a port authority educational and cultural performing	139492
arts facility, including debt service charges on bonds provided	139493
for in division (B) of section 307.674 of the Revised Code, and to	139494
pay all obligations under any guaranty agreements, reimbursement	139495
agreements, or other credit enhancement agreements described in	139496
division (C) of section 307.674 of the Revised Code. The	139497
resolution may also provide for the extension of the tax at the	139498
same rate for the longer of the period of time determined by the	139499
legislative authority of the county, but not to exceed an	139500
additional twenty-five years, or the period of time required to	139501
pay all debt service charges on bonds provided for in division (B)	139502
of section 307.672 of the Revised Code and on port authority	139503
revenue bonds provided for in division (B) of section 307.674 of	139504
the Revised Code. All revenues arising from the amendment and	139505
extension of the tax shall be expended in accordance with section	139506
307.674 of the Revised Code, this division, and division (E) of	139507
this section.	139508

(G) For purposes of a tax levied by a county, township, or	139509
municipal corporation under this section or section 5739.08 of the	139510
Revised Code, a board of county commissioners, board of township	139511
trustees, or the legislative authority of a municipal corporation	139512
may adopt a resolution or ordinance at any time specifying that	139513
"hotel," as otherwise defined in section 5739.01 of the Revised	139514
Code, includes the following:	139515

(1) Establishments in which fewer than five rooms are used	139516
for the accommodation of guests.	139517

(2) Establishments at which rooms are used for the	139518
accommodation of guests regardless of whether each room is	139519
accessible through its own keyed entry or several rooms are	139520
accessible through the same keyed entry; and, in determining the	139521
number of rooms, all rooms are included regardless of the number	139522
of structures in which the rooms are situated or the number of	139523
parcels of land on which the structures are located if the	139524
structures are under the same ownership and the structures are not	139525
identified in advertisements of the accommodations as distinct	139526
establishments. For the purposes of division (G)(2) of this	139527
section, two or more structures are under the same ownership if	139528
they are owned by the same person, or if they are owned by two or	139529
more persons the majority of the ownership interests of which are	139530
owned by the same person.	139531

The resolution or ordinance may apply to a tax imposed	139532
pursuant to this section prior to the adoption of the resolution	139533
or ordinance if the resolution or ordinance so states, but the tax	139534
shall not apply to transactions by which lodging by such an	139535
establishment is provided to transient guests prior to the	139536
adoption of the resolution or ordinance.	139537

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

139538

(a) "Convention facilities authority" has the same meaning as	139539
in section 351.01 of the Revised Code.	139540

(b) "Convention center" has the same meaning as in section	139541
307.695 of the Revised Code.	139542

(2) Notwithstanding any contrary provision of division (D) of	139543
this section, the legislative authority of a county with a	139544
population of one million or more according to the most recent	139545
federal decennial census that has levied a tax under division (D)	139546
of this section may, by resolution adopted by a majority of the	139547
members of the legislative authority, provide for the extension of	139548
such levy and may provide that the proceeds of that tax, to the	139549
extent that they are no longer needed for their original purpose	139550
as defined by a cooperative agreement entered into under section	139551
307.671 of the Revised Code, shall be deposited into the county	139552
general revenue fund. The resolution shall provide for the	139553
extension of the tax at a rate not to exceed the rate specified in	139554
division (D) of this section for a period of time determined by	139555
the legislative authority of the county, but not to exceed an	139556
additional forty years.	139557

(3) The legislative authority of a county with a population	139558
of one million or more that has levied a tax under division (A)(1)	139559
of this section may, by resolution adopted by a majority of the	139560
members of the legislative authority, increase the rate of the tax	139561
levied by such county under division (A)(1) of this section to a	139562
rate not to exceed five per cent on transactions by which lodging	139563
by a hotel is or is to be furnished to transient guests.	139564
Notwithstanding any contrary provision of division (A)(1) of this	139565
section, the resolution may provide that all collections resulting	139566
from the rate levied in excess of three per cent, after deducting	139567
the real and actual costs of administering the tax, shall be	139568
deposited in the county general fund.	139569

(4) The legislative authority of a county with a population	139570
of one million or more that has levied a tax under division (A)(1)	139571
of this section may, by resolution adopted on or before August 30,	139572
2004, by a majority of the members of the legislative authority,	139573
provide that all or a portion of the proceeds of the tax levied	139574
under division (A)(1) of this section, after deducting the real	139575
and actual costs of administering the tax and the amounts required	139576
to be returned to townships and municipal corporations with	139577
respect to the first three per cent levied under division (A)(1)	139578
of this section, shall be deposited in the county general fund,	139579
provided that such proceeds shall be used to satisfy any pledges	139580
made in connection with an agreement entered into under section	139581
307.695 of the Revised Code.	139582

(5) No amount collected from a tax levied, extended, or	139583
required to be deposited in the county general fund under division	139584
(H) of this section shall be contributed to a convention	139585
facilities authority, corporation, or other entity created after	139586
July 1, 2003, for the principal purpose of constructing,	139587
improving, expanding, equipping, financing, or operating a	139588
convention center unless the mayor of the municipal corporation in	139589
which the convention center is to be operated by that convention	139590
facilities authority, corporation, or other entity has consented	139591
to the creation of that convention facilities authority,	139592
corporation, or entity. Notwithstanding any contrary provision of	139593
section 351.04 of the Revised Code, if a tax is levied by a county	139594
under division (H) of this section, the board of county	139595
commissioners of that county may determine the manner of	139596
selection, the qualifications, the number, and terms of office of	139597
the members of the board of directors of any convention facilities	139598
authority, corporation, or other entity described in division	139599
(H)(5) of this section.	139600

(6)(a) No amount collected from a tax levied, extended, or	139601
required to be deposited in the county general fund under division	139602
(H) of this section may be used for any purpose other than paying	139603
the direct and indirect costs of constructing, improving,	139604
expanding, equipping, financing, or operating a convention center	139605
and for the real and actual costs of administering the tax,	139606
unless, prior to the adoption of the resolution of the legislative	139607
authority of the county authorizing the levy, extension, increase,	139608
or deposit, the county and the mayor of the most populous	139609
municipal corporation in that county have entered into an	139610
agreement as to the use of such amounts, provided that such	139611
agreement has been approved by a majority of the mayors of the	139612
other municipal corporations in that county. The agreement shall	139613
provide that the amounts to be used for purposes other than paying	139614
the convention center or administrative costs described in	139615
division (H)(6)(a) of this section be used only for the direct and	139616
indirect costs of capital improvements, including the financing of	139617
capital improvements.	139618

(b) If the county in which the tax is levied has an	139619
association of mayors and city managers, the approval of that	139620
association of an agreement described in division (H)(6)(a) of	139621
this section shall be considered to be the approval of the	139622
majority of the mayors of the other municipal corporations for	139623
purposes of that division.	139624

(7) Each year, the auditor of state shall conduct an audit of	139625
the uses of any amounts collected from taxes levied, extended, or	139626
deposited under division (H) of this section and shall prepare a	139627
report of the auditor of state's findings. The auditor of state	139628
shall submit the report to the legislative authority of the county	139629
that has levied, extended, or deposited the tax, the speaker of	139630
the house of representatives, the president of the senate, and the	139631
leaders of the minority parties of the house of representatives	139632
and the senate.	139633

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

139634

(a) "Convention facilities authority" has the same meaning as	139635
in section 351.01 of the Revised Code.	139636

(b) "Convention center" has the same meaning as in section	139637
307.695 of the Revised Code.	139638

(2) Notwithstanding any contrary provision of division (D) of	139639
this section, the legislative authority of a county with a	139640
population of one million two hundred thousand or more according	139641
to the most recent federal decennial census or the most recent	139642
annual population estimate published or released by the United	139643
States census bureau at the time the resolution is adopted placing	139644
the levy on the ballot, that has levied a tax under division (D)	139645
of this section may, by resolution adopted by a majority of the	139646
members of the legislative authority, provide for the extension of	139647
such levy and may provide that the proceeds of that tax, to the	139648
extent that the proceeds are no longer needed for their original	139649
purpose as defined by a cooperative agreement entered into under	139650
section 307.671 of the Revised Code and after deducting the real	139651
and actual costs of administering the tax, shall be used for	139652
paying the direct and indirect costs of constructing, improving,	139653
expanding, equipping, financing, or operating a convention center.	139654
The resolution shall provide for the extension of the tax at a	139655
rate not to exceed the rate specified in division (D) of this	139656
section for a period of time determined by the legislative	139657
authority of the county, but not to exceed an additional forty	139658
years.	139659

(3) The legislative authority of a county with a population	139660
of one million two hundred thousand or more that has levied a tax	139661
under division (A)(1) of this section may, by resolution adopted	139662
by a majority of the members of the legislative authority,	139663
increase the rate of the tax levied by such county under division	139664
(A)(1) of this section to a rate not to exceed five per cent on	139665
transactions by which lodging by a hotel is or is to be furnished	139666
to transient guests. Notwithstanding any contrary provision of	139667
division (A)(1) of this section, the resolution shall provide that	139668
all collections resulting from the rate levied in excess of three	139669
per cent, after deducting the real and actual costs of	139670
administering the tax, shall be used for paying the direct and	139671
indirect costs of constructing, improving, expanding, equipping,	139672
financing, or operating a convention center.	139673

(4) The legislative authority of a county with a population	139674
of one million two hundred thousand or more that has levied a tax	139675
under division (A)(1) of this section may, by resolution adopted	139676
on or before July 1, 2008, by a majority of the members of the	139677
legislative authority, provide that all or a portion of the	139678
proceeds of the tax levied under division (A)(1) of this section,	139679
after deducting the real and actual costs of administering the tax	139680
and the amounts required to be returned to townships and municipal	139681
corporations with respect to the first three per cent levied under	139682
division (A)(1) of this section, shall be used to satisfy any	139683
pledges made in connection with an agreement entered into under	139684
section 307.695 of the Revised Code or shall otherwise be used for	139685
paying the direct and indirect costs of constructing, improving,	139686
expanding, equipping, financing, or operating a convention center.	139687

(5) Any amount collected from a tax levied or extended under	139688
division (I) of this section may be contributed to a convention	139689
facilities authority created before July 1, 2005, but no amount	139690
collected from a tax levied or extended under division (I) of this	139691
section may be contributed to a convention facilities authority,	139692
corporation, or other entity created after July 1, 2005, unless	139693
the mayor of the municipal corporation in which the convention	139694
center is to be operated by that convention facilities authority,	139695
corporation, or other entity has consented to the creation of that	139696
convention facilities authority, corporation, or entity.	139697

(J) All money collected by a county and distributed under	139698
this section to a convention and visitors' bureau in existence as	139699
of the effective date of H.B. 59 of the 130th general assembly,	139700
except for any such money pledged, as of that effective date, to	139701
the payment of debt service charges on bonds, notes, securities,	139702
or lease agreements, shall be used solely for tourism sales,	139703
marketing and promotion, and their associated costs, including,	139704
but not limited to, operational and administrative costs of the	139705
bureau, sales and marketing, and maintenance of the physical	139706
bureau structure.	139707

(K) Of the funds distributed to a convention and visitors'	139708
bureau under this section, the amount a county may retain for real	139709
and actual costs associated with administering the tax shall not	139710
exceed the sum of (1) three per cent of the first five hundred	139711
thousand dollars distributed to the bureau and (2) one and	139712
one-half per cent of any amount in excess of five hundred thousand	139713
dollars distributed to the bureau.	139714

Sec. 5739.13. (A) If any vendor collects the tax imposed by	139715
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	139716
the Revised Code, and fails to remit the tax to the state as	139717
prescribed, or on the sale of a motor vehicle, watercraft, or	139718
outboard motor required to be titled, fails to remit payment to a	139719
clerk of a court of common pleas as provided in section 1548.06 or	139720
4505.06 of the Revised Code, the vendor shall be personally liable	139721
for any tax collected and not remitted. The tax commissioner may	139722
make an assessment against such vendor based upon any information	139723
in the commissioner's possession.	139724

If any vendor fails to collect the tax or any consumer fails	139725
to pay the tax imposed by or pursuant to section 5739.02,	139726
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	139727
transaction subject to the tax, the vendor or consumer shall be	139728
personally liable for the amount of the tax applicable to the	139729
transaction. The commissioner may make an assessment against	139730
either the vendor or consumer, as the facts may require, based	139731
upon any information in the commissioner's possession.	139732

An assessment against a vendor when the tax imposed by or	139733
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	139734
the Revised Code has not been collected or paid, shall not	139735
discharge the purchaser's or consumer's liability to reimburse the	139736
vendor for the tax applicable to such transaction.	139737

An assessment issued against either, pursuant to this	139738
section, shall not be considered an election of remedies, nor a	139739
bar to an assessment against the other for the tax applicable to	139740
the same transaction, provided that no assessment shall be issued	139741
against any person for the tax due on a particular transaction if	139742
the tax on that transaction actually has been paid by another.	139743

The commissioner may make an assessment against any vendor	139744
who fails to file a return or remit the proper amount of tax	139745
required by this chapter, or against any consumer who fails to pay	139746
the proper amount of tax required by this chapter. When	139747
information in the possession of the commissioner indicates that	139748
the amount required to be collected or paid under this chapter is	139749
greater than the amount remitted by the vendor or paid by the	139750
consumer, the commissioner may audit a sample of the vendor's	139751
sales or the consumer's purchases for a representative period, to	139752
ascertain the per cent of exempt or taxable transactions or the	139753
effective tax rate and may issue an assessment based on the audit.	139754
The commissioner shall make a good faith effort to reach agreement	139755
with the vendor or consumer in selecting a representative sample.	139756

The commissioner may make an assessment, based on any	139757
information in ~~his~~the commissioner's possession, against any	139758
person who fails to file a return or remit the proper amount of	139759
tax required by section 5739.102 of the Revised Code.	139760

The commissioner may issue an assessment on any transaction	139761
for which any tax imposed under this chapter or Chapter 5741. of	139762
the Revised Code was due and unpaid on the date the vendor or	139763
consumer was informed by an agent of the tax commissioner of an	139764
investigation or audit. If the vendor or consumer remits any	139765
payment of the tax for the period covered by the assessment after	139766
the vendor or consumer was informed of the investigation or audit,	139767
the payment shall be credited against the amount of the	139768
assessment.	139769

The commissioner shall give the party assessed written notice	139770
of the assessment in the manner provided in section 5703.37 of the	139771
Revised Code. With the notice, the commissioner shall provide	139772
instructions on how to petition for reassessment and request a	139773
hearing on the petition.	139774

(B) Unless the party assessed files with the commissioner	139775
within sixty days after service of the notice of assessment,	139776
either personally or by certified mail, a written petition for	139777
reassessment, signed by the party assessed or that party's	139778
authorized agent having knowledge of the facts, the assessment	139779
becomes final and the amount of the assessment is due from the	139780
party assessed and payable to the treasurer of state and remitted	139781
to the tax commissioner. The petition shall indicate the	139782
objections of the party assessed, but additional objections may be	139783
raised in writing if received by the commissioner prior to the	139784
date shown on the final determination. If the petition has been	139785
properly filed, the commissioner shall proceed under section	139786
5703.60 of the Revised Code.	139787

(C) After an assessment becomes final, if any portion of the	139788
assessment remains unpaid, including accrued interest, a certified	139789
copy of the commissioner's entry making the assessment final may	139790
be filed in the office of the clerk of the court of common pleas	139791
in the county in which the place of business of the party assessed	139792
is located or the county in which the party assessed resides. If	139793
the party assessed maintains no place of business in this state	139794
and is not a resident of this state, the certified copy of the	139795
entry may be filed in the office of the clerk of the court of	139796
common pleas of Franklin county.	139797

Immediately upon the filing of the entry, the clerk shall	139798
enter a judgment for the state against the party assessed in the	139799
amount shown on the entry. The judgment may be filed by the clerk	139800
in a loose-leaf book entitled "special judgments for state,	139801
county, and transit authority retail sales tax" or, if	139802
appropriate, "special judgments for resort area excise tax," and	139803
shall have the same effect as other judgments. Execution shall	139804
issue upon the judgment upon the request of the tax commissioner,	139805
and all laws applicable to sales on execution shall apply to sales	139806
made under the judgment except as otherwise provided in this	139807
chapter.	139808

~~The portion of~~If the assessment is not paid in its entirety	139809
within sixty days after the date the assessment was issued, the	139810
portion of the assessment consisting of tax due shall bear	139811
interest at the rate per annum prescribed by section 5703.47 of	139812
the Revised Code from the day the tax commissioner issues the	139813
assessment until the assessment is paid or until it is certified	139814
to the attorney general for collection under section 131.02 of the	139815
Revised Code, whichever comes first. If the unpaid portion of the	139816
assessment is certified to the attorney general for collection,	139817
the entire unpaid portion of the assessment shall bear interest at	139818
the rate per annum prescribed by section 5703.47 of the Revised	139819
Code from the date of certification until the date it is paid in	139820
its entirety. Interest shall be paid in the same manner as the tax	139821
and may be collected by issuing an assessment under this section.	139822

(D) All money collected by the tax commissioner under this	139823
section shall be paid to the treasurer of state, and when paid	139824
shall be considered as revenue arising from the taxes imposed by	139825
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	139826

Sec. 5741.01. As used in this chapter:

139827

(A) "Person" includes individuals, receivers, assignees,	139828
trustees in bankruptcy, estates, firms, partnerships,	139829
associations, joint-stock companies, joint ventures, clubs,	139830
societies, corporations, business trusts, governments, and	139831
combinations of individuals of any form.	139832

(B) "Storage" means and includes any keeping or retention in	139833
this state for use or other consumption in this state.	139834

(C) "Use" means and includes the exercise of any right or	139835
power incidental to the ownership of the thing used. A thing is	139836
also "used" in this state if its consumer gives or otherwise	139837
distributes it, without charge, to recipients in this state.	139838

(D) "Purchase" means acquired or received for a	139839
consideration, whether such acquisition or receipt was effected by	139840
a transfer of title, or of possession, or of both, or a license to	139841
use or consume; whether such transfer was absolute or conditional,	139842
and by whatever means the transfer was effected; and whether the	139843
consideration was money, credit, barter, or exchange. Purchase	139844
includes production, even though the article produced was used,	139845
stored, or consumed by the producer. The transfer of copyrighted	139846
motion picture films for exhibition purposes is not a purchase,	139847
except such films as are used solely for advertising purposes.	139848

(E) "Seller" means the person from whom a purchase is made,	139849
and includes every person engaged in this state or elsewhere in	139850
the business of selling tangible personal property or providing a	139851
service for storage, use, or other consumption or benefit in this	139852
state; and when, in the opinion of the tax commissioner, it is	139853
necessary for the efficient administration of this chapter, to	139854
regard any ~~salesman~~salesperson, representative, peddler, or	139855
canvasser as the agent of a dealer, distributor, supervisor, or	139856
employer under whom the person operates, or from whom the person	139857
obtains tangible personal property, sold by the person for	139858
storage, use, or other consumption in this state, irrespective of	139859
whether or not the person is making such sales on the person's own	139860
behalf, or on behalf of such dealer, distributor, supervisor, or	139861
employer, the commissioner may regard the person as such agent,	139862
and may regard such dealer, distributor, supervisor, or employer	139863
as the seller. "Seller" does not include any person to the extent	139864
the person provides a communications medium, such as, but not	139865
limited to, newspapers, magazines, radio, television, or cable	139866
television, by means of which sellers solicit purchases of their	139867
goods or services.	139868

(F) "Consumer" means any person who has purchased tangible	139869
personal property or has been provided a service for storage, use,	139870
or other consumption or benefit in this state. "Consumer" does not	139871
include a person who receives, without charge, tangible personal	139872
property or a service.	139873

A person who performs a facility management or similar	139874
service contract for a contractee is a consumer of all tangible	139875
personal property and services purchased for use in connection	139876
with the performance of such contract, regardless of whether title	139877
to any such property vests in the contractee. The purchase of such	139878
property and services is not subject to the exception for resale	139879
under division (E) of section 5739.01 of the Revised Code.	139880

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	139881
of this section, has the same meaning as in division (H)(1) of	139882
section 5739.01 of the Revised Code.	139883

(2) In the case of watercraft, outboard motors, or new motor	139884
vehicles, "price" has the same meaning as in divisions (H)(2) and	139885
(3) of section 5739.01 of the Revised Code.	139886

(3) In the case of a nonresident business consumer that	139887
purchases and uses tangible personal property outside this state	139888
and subsequently temporarily stores, uses, or otherwise consumes	139889
such tangible personal property in the conduct of business in this	139890
state, the consumer or the tax commissioner may determine the	139891
price based on the value of the temporary storage, use, or other	139892
consumption, in lieu of determining the price pursuant to division	139893
(G)(1) of this section. A price determination made by the consumer	139894
is subject to review and redetermination by the commissioner.	139895

(4) In the case of tangible personal property held in this	139896
state as inventory for sale or lease, and that is temporarily	139897
stored, used, or otherwise consumed in a taxable manner, the price	139898
is the value of the temporary use. A price determination made by	139899
the consumer is subject to review and redetermination by the	139900
commissioner.	139901

(5) In the case of tangible personal property originally	139902
purchased and used by the consumer outside this state, and that	139903
becomes permanently stored, used, or otherwise consumed in this	139904
state more than six months after its acquisition by the consumer,	139905
the consumer or the commissioner may determine the price based on	139906
the current value of such tangible personal property, in lieu of	139907
determining the price pursuant to division (G)(1) of this section.	139908
A price determination made by the consumer is subject to review	139909
and redetermination by the commissioner.	139910

(6) If a consumer produces tangible personal property for	139911
sale and removes that property from inventory for the consumer's	139912
own use, the price is the produced cost of that tangible personal	139913
property.	139914

(H) "Nexus with this state" means that the seller engages in	139915
continuous and widespread solicitation of purchases from residents	139916
of this state or otherwise purposefully directs its business	139917
activities at residents of this state.	139918

(I)(1) "Substantial nexus with this state" means that the	139919
seller has sufficient contact with this state, in accordance with	139920
Section 8 of Article I of the Constitution of the United States,	139921
to allow the state to require the seller to collect and remit use	139922
tax on sales of tangible personal property or services made to	139923
consumers in this state. ~~"Substantial~~	139924

(2) "Substantial nexus with this state" ~~exists~~is presumed to	139925
exist when the seller does any of the following:	139926

~~(1) Maintains a~~(a) Uses an office, distribution facility,	139927
warehouse, storage facility, or similar place of business within	139928
this state, whether operated by ~~employees or agents of~~ the seller,	139929
~~by a member of an affiliated group, as defined in division~~	139930
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	139931
~~seller is a member, or by a franchisee using a trade name of the~~	139932
~~seller;~~or any other person, other than a common carrier acting in	139933
its capacity as a common carrier.	139934

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	139935
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	139936
salespersons, or other ~~individuals~~persons in this state (i) for	139937
the purpose of conducting the business of the seller;, or that	139938
(ii) engage in a business with the same or a similar industry	139939
classification as the seller selling a similar product or line of	139940
products as the seller, or (iii) use trademarks, service marks, or	139941
trade names in this state that are the same or substantially	139942
similar to those used by the seller.	139943

~~(3)~~(c) Uses aany person, other than a common carrier acting	139944
in its capacity as a common carrier, in this state for any of the	139945
~~purpose of receiving~~following purposes:	139946

(i) Receiving or processing orders of the seller's goods or	139947
services;	139948

(ii) Using that person's employees or facilities in this	139949
state to advertise, promote, or facilitate sales by the seller to	139950
customers;	139951

(iii) Delivering, installing, assembling, or performing	139952
maintenance services for the seller's customers;	139953

(iv) Facilitating the seller's delivery of tangible personal	139954
property to customers in this state by allowing the seller's	139955
customers to pick up property sold by the seller at an office,	139956
distribution facility, warehouse, storage facility, or similar	139957
place of business.	139958

~~(4)~~(d) Makes regular deliveries of tangible personal property	139959
into this state by means other than common carrier;.	139960

~~(5)~~(e) Has ~~membership in~~ an affiliated ~~group, as described in~~	139961
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	139962
~~least one other member of which~~person that has substantial nexus	139963
with this state;	139964

~~(6)~~(f) Owns tangible personal property that is rented or	139965
leased to a consumer in this state, or offers tangible personal	139966
property, on approval, to consumers in this state;	139967

~~(7) Except as provided in section 5703.65 of the Revised~~	139968
~~Code, is registered with the secretary of state to do business in~~	139969
~~this state or is registered or licensed by any state agency,~~	139970
~~board, or commission to transact business in this state or to make~~	139971
~~sales to persons in this state;~~	139972

~~(8) Has any other contact with this state that would allow~~	139973
~~this state to require the seller to collect and remit use tax~~	139974
~~under Section 8 of Article I of the Constitution of the United~~	139975
~~States~~(g) Enters into an agreement with one or more residents of	139976
this state under which the resident, for a commission or other	139977
consideration, directly or indirectly refers potential customers	139978
to the seller, whether by a link on a web site, an in-person oral	139979
presentation, telemarketing, or otherwise, provided the cumulative	139980
gross receipts from sales to consumers referred to the seller by	139981
all such residents exceeded ten thousand dollars during the	139982
preceding twelve months.	139983

(3) A seller presumed to have substantial nexus with this	139984
state under divisions (I)(2)(a) to (f) of this section may rebut	139985
that presumption by demonstrating that activities described in any	139986
of those divisions that are conducted by a person in this state on	139987
the seller's behalf are not significantly associated with the	139988
seller's ability to establish or maintain a market in this state	139989
for the seller's sales.	139990

(4) A seller presumed to have substantial nexus with this	139991
state under division (I)(2)(g) of this section may rebut that	139992
presumption by submitting proof that each resident engaged by the	139993
seller as described in that division did not engage in any	139994
activity within this state during the preceding twelve months that	139995
was significantly associated with the seller's ability to	139996
establish or maintain the seller's market in this state during the	139997
preceding twelve months. Such proof may consist of sworn written	139998
statements from all the residents with whom the seller has an	139999
agreement stating that the resident did not engage in any	140000
solicitation in this state on behalf of the seller during the	140001
preceding twelve months if such statements are provided and	140002
obtained in good faith.	140003

(5) A seller that does not have substantial nexus with this	140004
state, and any affiliated person of the seller, before selling or	140005
leasing tangible personal property or services to a state agency,	140006
shall register with the tax commissioner in the same manner as a	140007
seller described in division (A)(1) of section 5741.17 of the	140008
Revised Code.	140009

(6) As used in division (I) of this section:

140010

(a) "Affiliated person" means any person that is a member of	140011
the same controlled group of corporations as the seller or any	140012
other person that, notwithstanding the form of organization, bears	140013
the same ownership relationship to the seller as a corporation	140014
that is a member of the same controlled group of corporations.	140015

(b) "Controlled group of corporations" has the same meaning	140016
as in section 1563(a) of the Internal Revenue Code.	140017

(c) "State agency" has the same meaning as in section 1.60 of	140018
the Revised Code.	140019

(J) "Fiscal officer" means, with respect to a regional	140020
transit authority, the secretary-treasurer thereof, and with	140021
respect to a county which is a transit authority, the fiscal	140022
officer of the county transit board appointed pursuant to section	140023
306.03 of the Revised Code or, if the board of county	140024
commissioners operates the county transit system, the county	140025
auditor.	140026

(K) "Territory of the transit authority" means all of the	140027
area included within the territorial boundaries of a transit	140028
authority as they from time to time exist. Such territorial	140029
boundaries must at all times include all the area of a single	140030
county or all the area of the most populous county which is a part	140031
of such transit authority. County population shall be measured by	140032
the most recent census taken by the United States census bureau.	140033

(L) "Transit authority" means a regional transit authority	140034
created pursuant to section 306.31 of the Revised Code or a county	140035
in which a county transit system is created pursuant to section	140036
306.01 of the Revised Code. For the purposes of this chapter, a	140037
transit authority must extend to at least the entire area of a	140038
single county. A transit authority which includes territory in	140039
more than one county must include all the area of the most	140040
populous county which is a part of such transit authority. County	140041
population shall be measured by the most recent census taken by	140042
the United States census bureau.	140043

(M) "Providing a service" has the same meaning as in ~~division~~	140044
~~(X) of~~ section 5739.01 of the Revised Code.	140045

(N) "Other consumption" includes receiving the benefits of a	140046
service.	140047

(O) "Lease" or "rental" has the same meaning as in ~~division~~	140048
~~(UU) of~~ section 5739.01 of the Revised Code.	140049

(P) "Certified service provider" has the same meaning as in	140050
section 5740.01 of the Revised Code.	140051

(Q) "Remote sale" means a sale for which the seller could not	140052
be legally required to pay, collect, or remit a tax imposed under	140053
this chapter or Chapter 5739. of the Revised Code, unless	140054
otherwise provided by the laws of the United States.	140055

(R) "Remote seller" means a seller that makes remote sales to	140056
one or more consumers.	140057

(S) "Remote small seller" means a remote seller that has	140058
gross annual receipts from remote sales in the United States not	140059
exceeding one million dollars for the preceding calendar year. For	140060
the purposes of determining whether a person is a small remote	140061
seller, the sales of all persons related within the meaning of	140062
subsection (b) or (c) of section 267 or section 707(b)(1) of the	140063
Internal Revenue Code shall be aggregated, and persons with one or	140064
more ownership relationships shall be aggregated if those	140065
relationships were designed with the principal purpose to qualify	140066
as a remote small seller.	140067

Sec. 5741.03. (A) One hundred per cent of all money	140068
deposited into the state treasury under sections 5741.01 to	140069
5741.22 of the Revised Code that is not required to be distributed	140070
as provided in division (B) of this section shall be credited to	140071
the general revenue fund.	140072

(B) In any case where any county or transit authority has	140073
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	140074
5741.023 of the Revised Code, the tax commissioner shall, within	140075
forty-five days after the end of each month, determine and certify	140076
to the director of budget and management the amount of the	140077
proceeds of such tax or taxes from billings and assessments	140078
received during that month, or shown on tax returns or reports	140079
filed during that month, to be returned to the county or transit	140080
authority levying the tax or taxes, which amounts shall be	140081
determined in the manner provided in section 5739.21 of the	140082
Revised Code. The director of budget and management shall	140083
transfer, from the general revenue fund, to the permissive tax	140084
distribution fund created by division (B)(1) of section 4301.423	140085
of the Revised Code and to the local sales tax administrative fund	140086
created by division (C) of section 5739.21 of the Revised Code,	140087
the amounts certified by the tax commissioner. The tax	140088
commissioner shall then, on or before the twentieth day of the	140089
month in which such certification is made, provide for payment of	140090
such respective amounts to the county treasurer or to the fiscal	140091
officer of the transit authority levying the tax or taxes. The	140092
amount transferred to the local sales tax administrative fund is	140093
for use by the tax commissioner in defraying costs the	140094
commissioner incurs in administering such taxes levied by a county	140095
or transit authority.	140096

(C) Not later than the first day of January and of July each	140097
calendar year, the tax commissioner shall determine and certify to	140098
the director of budget and management the amount of tax imposed by	140099
section 5741.02 of the Revised Code and remitted under this	140100
chapter by remote sellers during the six-month period ending on	140101
the preceding last day of November and of May, respectively,	140102
reduced by any refunds issued to remote sellers from the tax	140103
refund fund on account of that tax during the six-month period,	140104
and the director of budget and management shall transfer from the	140105
general revenue fund to the income tax reduction fund the amount	140106
so certified, less one-half of the amount of that tax remitted	140107
during fiscal year 2013 by remote sellers that voluntarily	140108
registered under section 5741.17 of the Revised Code. Amounts	140109
transferred to the income tax reduction fund under this section	140110
shall be included in the determination of the percentage under	140111
division (B)(2) of section 131.44 of the Revised Code required to	140112
be made by the thirty-first day of July of the calendar year in	140113
which the commissioner makes the certifications under this	140114
division.	140115

Sec. 5741.032. There is hereby created in the state treasury	140116
the remote seller administration fund for the purpose of paying	140117
the expenses incurred by the department of taxation in the	140118
administration of this chapter with respect to remote sellers.	140119
Annually, before the thirty-first day of July, the treasurer of	140120
state shall transfer to the remote seller administration fund	140121
one-half of one per cent of the taxes collected from remote	140122
sellers under this chapter during the preceding fiscal year.	140123

Sec. 5741.17. (A)(1) Except as otherwise provided in	140124
divisions (A)(2), (3), and (4) of this section, every seller of	140125
tangible personal property or services who has substantial nexus	140126
with this state shall register with the tax commissioner and	140127
supply any information concerning ~~his~~the seller's contacts with	140128
this state that may be required by the commissioner.	140129

(2) A seller who is licensed as a vendor pursuant to section	140130
5739.17 of the Revised Code shall not be required to register with	140131
the commissioner pursuant to this section if all sales to	140132
consumers in this state are made under the authority of ~~his~~the	140133
seller's vendor's license.	140134

(3) AUnless the seller has substantial nexus with this state	140135
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	140136
Code, a seller is not required to register under this section if	140137
the seller has no contact with this state other than an agency	140138
relationship with a person engaged in the business of	140139
telemarketing in this state and engaged by the seller exclusively	140140
for the purpose of solicitation of customers in other states.	140141

(4) A seller is not required to register under this section	140142
if the seller has no contact with this state other than the	140143
ownership of property that is located at the facility of a printer	140144
with which the seller has contracted for printing and that	140145
consists of the final printed product, property that becomes a	140146
part of the final printed product, or copy from which the final	140147
printed product is produced.	140148

(B) A seller who does not have substantial nexus with this	140149
state may voluntarily register with the commissioner. A seller who	140150
voluntarily registers with the commissioner under this section is	140151
entitled to the same benefits and is subject to the same duties	140152
and requirements as a seller required to be registered with the	140153
commissioner under this chapter.	140154

The commissioner shall maintain an alphabetical index of all	140155
sellers registered under this chapter and records of the use tax	140156
reported and paid. Upon request, this information shall be made	140157
available to the treasurer of state.	140158

(C) A remote small seller is not required to register under	140159
this section.	140160

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	140161
fails to pay the tax levied under section 5743.02, 5743.021,	140162
5743.024, or 5743.026 of the Revised Code as required by sections	140163
5743.01 to 5743.20 of the Revised Code, and by the rules of the	140164
tax commissioner, or fails to collect the tax from the purchaser	140165
or consumer, the commissioner may make an assessment against the	140166
wholesale or retail dealer based upon any information in the	140167
commissioner's possession.	140168

The commissioner may make an assessment against any wholesale	140169
or retail dealer who fails to file a return required by section	140170
5743.03 or 5743.025 of the Revised Code.	140171

No assessment shall be made against any wholesale or retail	140172
dealer for any taxes imposed under section 5743.02, 5743.021,	140173
5743.024, or 5743.026 of the Revised Code more than three years	140174
after the last day of the calendar month that immediately follows	140175
the semiannual period prescribed in section 5743.03 of the Revised	140176
Code in which the sale was made, or more than three years after	140177
the semiannual return for such period is filed, whichever is	140178
later. This section does not bar an assessment against any	140179
wholesale or retail dealer who fails to file a return as required	140180
by section 5743.025 or 5743.03 of the Revised Code, or who files a	140181
fraudulent return.	140182

A penalty of up to thirty per cent may be added to the amount	140183
of every assessment made under this section. The commissioner may	140184
adopt rules providing for the imposition and remission of	140185
penalties added to assessments made under this section.	140186

The commissioner shall give the party assessed written notice	140187
of the assessment in the manner provided in section 5703.37 of the	140188
Revised Code. The notice shall specify separately any portion of	140189
the assessment that represents a county tax. With the notice, the	140190
commissioner shall provide instructions on how to petition for	140191
reassessment and request a hearing on the petition.	140192

(B) Unless the party assessed files with the tax commissioner	140193
within sixty days after service of the notice of assessment,	140194
either personally or by certified mail, a written petition for	140195
reassessment signed by the party assessed or that party's	140196
authorized agent having knowledge of the facts, the assessment	140197
becomes final and the amount of the assessment is due and payable	140198
from the party assessed to the treasurer of state. The petition	140199
shall indicate the objections of the party assessed, but	140200
additional objections may be raised in writing if received by the	140201
commissioner prior to the date shown on the final determination.	140202
If the petition has been properly filed, the commissioner shall	140203
proceed under section 5703.60 of the Revised Code.	140204

(C) After an assessment becomes final, if any portion of the	140205
assessment remains unpaid, including accrued interest, a certified	140206
copy of the tax commissioner's entry making the assessment final	140207
may be filed in the office of the clerk of the court of common	140208
pleas in the county in which the wholesale or retail dealer's	140209
place of business is located or the county in which the party	140210
assessed resides. If the party assessed maintains no place of	140211
business in this state and is not a resident of this state, the	140212
certified copy of the entry may be filed in the office of the	140213
clerk of the court of common pleas of Franklin county.	140214

Immediately upon the filing of the commissioner's entry, the	140215
clerk shall enter a judgment for the state against the party	140216
assessed in the amount shown on the entry. The judgment may be	140217
filed by the clerk in a loose-leaf book entitled "special	140218
judgments for state cigarette sales tax," and shall have the same	140219
effect as other judgments. Execution shall issue upon the judgment	140220
upon the request of the tax commissioner, and all laws applicable	140221
to sales on execution shall apply to sales made under the	140222
judgment, except as otherwise provided in sections 5743.01 to	140223
5743.20 of the Revised Code.	140224

~~The portion of~~If the assessment is not paid in its entirety	140225
within sixty days after the assessment was issued, the portion of	140226
the assessment consisting of tax due shall bear interest at the	140227
rate per annum prescribed by section 5703.47 of the Revised Code	140228
from the day the commissioner issues the assessment until it is	140229
paid or until it is certified to the attorney general for	140230
collection under section 131.02 of the Revised Code, whichever	140231
comes first. If the unpaid portion of the assessment is certified	140232
to the attorney general for collection, the entire unpaid portion	140233
of the assessment shall bear interest at the rate per annum	140234
prescribed by section 5703.47 of the Revised Code from the date of	140235
certification until the date it is paid in its entirety. Interest	140236
shall be paid in the same manner as the tax and may be collected	140237
by the issuance of an assessment under this section.	140238

(D) All money collected by the tax commissioner under this	140239
section shall be paid to the treasurer of state, and when paid	140240
shall be considered as revenue arising from the taxes imposed by	140241
sections 5743.01 to 5743.20 of the Revised Code.	140242

Sec. 5743.15. (A) Except as otherwise provided in this	140243
division, no person shall engage in this state in the wholesale or	140244
retail business of trafficking in cigarettes or in the business of	140245
a manufacturer or importer of cigarettes without having a license	140246
to conduct each such activity issued by a county auditor under	140247
division (B) of this section or the tax commissioner under	140248
divisions (C) and (F) of this section. On dissolution of a	140249
partnership by death, the surviving partner may operate under the	140250
license of the partnership until expiration of the license, and	140251
the heirs or legal representatives of deceased persons, and	140252
receivers and trustees in bankruptcy appointed by any competent	140253
authority, may operate under the license of the person succeeded	140254
in possession by such heir, representative, receiver, or trustee	140255
in bankruptcy if the partner or successor notifies the issuer of	140256
the license of the dissolution or succession within thirty days	140257
after the dissolution or succession.	140258

(B)(1) Each applicant for a license to engage in the retail	140259
business of trafficking in cigarettes under this section,	140260
annually, on or before the fourth Monday of May, shall make and	140261
deliver to the county auditor of the county in which the applicant	140262
desires to engage in the retail business of trafficking in	140263
cigarettes, upon a blank form furnished by such auditor for that	140264
purpose, a statement showing the name of the applicant, each	140265
physical place in the county where the applicant's business is	140266
conducted, the nature of the business, and any other information	140267
the tax commissioner requires in the form of statement prescribed	140268
by the commissioner. If the applicant is a firm, partnership, or	140269
association other than a corporation, the application shall state	140270
the name and address of each of its members. If the applicant is a	140271
corporation, the application shall state the name and address of	140272
each of its officers. At the time of making the application	140273
required by this section, every person desiring to engage in the	140274
retail business of trafficking in cigarettes shall pay an	140275
application fee in the sum of one hundred twenty-five dollars for	140276
each physical place where the person proposes to carry on such	140277
business. Each place of business shall be deemed such space, under	140278
lease or license to, or under the control of, or under the	140279
supervision of the applicant, as is contained in one or more	140280
contiguous, adjacent, or adjoining buildings constituting an	140281
industrial plant or a place of business operated by, or under the	140282
control of, one person, or under one roof and connected by doors,	140283
halls, stairways, or elevators, which space may contain any number	140284
of points at which cigarettes are offered for sale, provided that	140285
each additional point at which cigarettes are offered for sale	140286
shall be listed in the application.	140287

(2) Upon receipt of the application and exhibition of the	140288
county treasurer's receipt showing the payment of the application	140289
fee, the county auditor shall issue to the applicant a license for	140290
each place of business designated in the application, authorizing	140291
the applicant to engage in such business at such place for one	140292
year commencing on the fourth Monday of May. The form of the	140293
license shall be prescribed by the commissioner. A duplicate	140294
license may be obtained from the county auditor upon payment of a	140295
five-dollar fee if the original license is lost, destroyed, or	140296
defaced. When an application is filed after the fourth Monday of	140297
May, the application fee required to be paid shall be proportioned	140298
in amount to the remainder of the license year, except that it	140299
shall not be less than twenty-five dollars in any one year.	140300

(3) The holder of a retail dealer's cigarette license may	140301
transfer the license to a place of business within the same county	140302
other than that designated on the license on condition that the	140303
licensee's ownership interest and business structure remain	140304
unchanged, and that the licensee applies to the county auditor	140305
therefor, upon forms approved by the commissioner and the payment	140306
of a fee of five dollars into the county treasury.	140307

(C)(1) Each applicant for a license to engage in the	140308
wholesale business of trafficking in cigarettes under this	140309
section, annually, on or before the fourth Monday in May, shall	140310
make and deliver to the tax commissioner, upon a blank form	140311
furnished by the commissioner for that purpose, a statement	140312
showing the name of the applicant, physical street address where	140313
the applicant's business is conducted, the nature of the business,	140314
and any other information required by the commissioner. If the	140315
applicant is a firm, partnership, or association other than a	140316
corporation, the applicant shall state the name and address of	140317
each of its members. If the applicant is a corporation, the	140318
applicant shall state the name and address of each of its	140319
officers. At the time of making the application required by this	140320
section, every person desiring to engage in the wholesale business	140321
of trafficking in cigarettes shall pay an application fee of one	140322
thousand dollars for each physical place where the person proposes	140323
to carry on such business. Each place of business shall be deemed	140324
such space, under lease or license to, or under the control of, or	140325
under the supervision of the applicant, as is contained in one or	140326
more contiguous, adjacent, or adjoining buildings constituting an	140327
industrial plant or a place of business operated by, or under the	140328
control of, one person, or under one roof and connected by doors,	140329
halls, stairways, or elevators. A duplicate license may be	140330
obtained from the commissioner upon payment of a	140331
twenty-five-dollar fee if the original license is lost, destroyed,	140332
or defaced.	140333

(2) Upon receipt of the application and payment of any	140334
application fee required by this section, the commissioner shall	140335
verify that the applicant is ~~in good standing under~~not in	140336
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	140337
the Revised Code. The commissioner shall also verify that the	140338
applicant has filed any returns, submitted any information, and	140339
paid any outstanding taxes or fees as required by the	140340
commissioner, to the extent that the commissioner is aware of the	140341
returns, information, taxes, or fees at the time of the	140342
application. Upon approval, the commissioner shall issue to the	140343
applicant a license for each physical place of business designated	140344
in the application authorizing the applicant to engage in business	140345
at that location for one year commencing on the fourth Monday in	140346
May. For licenses issued after the fourth Monday in May, the	140347
application fee shall be reduced proportionately by the remainder	140348
of the twelve-month period for which the license is issued, except	140349
that the application fee required to be paid under this section	140350
shall be not less than two hundred dollars in any one year.	140351

(3) The holder of a wholesale dealer cigarette license may	140352
transfer the license to a place of business other than that	140353
designated on the license on condition that the licensee's	140354
ownership or business structure remains unchanged, and that the	140355
licensee applies to the commissioner for such a transfer upon a	140356
form promulgated by the commissioner and pays a fee of twenty-five	140357
dollars, which shall be deposited into the cigarette tax	140358
enforcement fund created in division (E) of this section.	140359

(D)(1) The wholesale cigarette license application fees	140360
collected under this section shall be paid into the cigarette tax	140361
enforcement fund.	140362

(2) The retail cigarette license application fees collected	140363
under this section shall be distributed as follows:	140364

(a) Thirty per cent shall be paid upon the warrant of the	140365
county auditor into the treasury of the municipal corporation or	140366
township in which the places of business for which the tax revenue	140367
was received are located;	140368

(b) Ten per cent shall be credited to the general fund of the	140369
county;	140370

(c) Sixty per cent shall be paid into the cigarette tax	140371
enforcement fund.	140372

(3) The remainder of the revenues and fines collected under	140373
this section and the penal laws relating to cigarettes shall be	140374
distributed as follows:	140375

(a) Three-fourths shall be paid upon the warrant of the	140376
county auditor into the treasury of the municipal corporation or	140377
township in which the place of business, on account of which the	140378
revenues and fines were received, is located;	140379

(b) One-fourth shall be credited to the general fund of the	140380
county.	140381

(E) There is hereby created within the state treasury the	140382
cigarette tax enforcement fund for the purpose of providing funds	140383
to assist in paying the costs of enforcing sections 1333.11 to	140384
1333.21 and Chapter 5743. of the Revised Code.	140385

The portion of cigarette license application fees received by	140386
a county auditor during the annual application period that ends on	140387
the fourth Monday in May and that is required to be deposited in	140388
the cigarette tax enforcement fund shall be sent to the treasurer	140389
of state by the thirtieth day of June each year accompanied by the	140390
form prescribed by the tax commissioner. The portion of cigarette	140391
license application fees received by each county auditor after the	140392
fourth Monday in May and that is required to be deposited in the	140393
cigarette tax enforcement fund shall be sent to the treasurer of	140394
state by the last day of the month following the month in which	140395
such fees were collected.	140396

(F)(1) Every person who desires to engage in the business of	140397
a manufacturer or importer of cigarettes shall, annually, on or	140398
before the fourth Monday of May, make and deliver to the tax	140399
commissioner, upon a blank form furnished by the commissioner for	140400
that purpose, a statement showing the name of the applicant, the	140401
nature of the applicant's business, and any other information	140402
required by the commissioner. If the applicant is a firm,	140403
partnership, or association other than a corporation, the	140404
applicant shall state the name and address of each of its members.	140405
If the applicant is a corporation, the applicant shall state the	140406
name and address of each of its officers.	140407

(2) Upon receipt of the application required under this	140408
section, the commissioner shall verify that the applicant is in	140409
~~good standing under~~not in violation of any provision of Chapter	140410
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	140411
shall also verify that the applicant has filed any returns,	140412
submitted any information, and paid any outstanding taxes or fees	140413
as required by the commissioner, to the extent that the	140414
commissioner is aware of the returns, information, taxes, or fees	140415
at the time of the application. Upon approval, the commissioner	140416
shall issue to the applicant a license authorizing the applicant	140417
to engage in the business of manufacturer or importer, whichever	140418
the case may be, for one year commencing on the fourth Monday of	140419
May.	140420

(3) The issuing of a license under division (F)(1) of this	140421
section to a manufacturer does not excuse a manufacturer from the	140422
certification process required under section 1346.05 of the	140423
Revised Code. A manufacturer who is issued a license under	140424
division (F)(1) of this section and who is not listed on the	140425
directory required under section 1346.05 of the Revised Code shall	140426
not be permitted to sell cigarettes in this state other than to a	140427
licensed cigarette wholesaler for sale outside this state. Such a	140428
manufacturer shall provide documentation to the commissioner	140429
evidencing that the cigarettes are legal for sale in another	140430
state.	140431

(G) The tax commissioner may adopt rules necessary to	140432
administer this section.	140433

Sec. 5743.56. (A) Any person required to pay the tax imposed	140434
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	140435
personally liable for the tax. The tax commissioner may make an	140436
assessment, based upon any information in the commissioner's	140437
possession, against any person who fails to file a return or pay	140438
any tax, interest, or additional charge as required by this	140439
chapter. The commissioner shall give the person assessed written	140440
notice of such assessment in the manner provided in section	140441
5703.37 of the Revised Code. With the notice, the commissioner	140442
shall provide instructions on how to petition for reassessment and	140443
request a hearing on the petition.	140444

(B) When the information in the possession of the tax	140445
commissioner indicates that a person liable for the tax imposed by	140446
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	140447
paid the full amount of tax due, the commissioner may audit a	140448
representative sample of the person's business and may issue an	140449
assessment based on such audit.	140450

(C) A penalty of up to fifteen per cent may be added to all	140451
amounts assessed under this section. The tax commissioner may	140452
adopt rules providing for the imposition and remission of such	140453
penalties.	140454

(D) Unless the person assessed files with the tax	140455
commissioner within sixty days after service of the notice of	140456
assessment, either personally or by certified mail, a written	140457
petition for reassessment signed by the person assessed or that	140458
person's authorized agent having knowledge of the facts, the	140459
assessment becomes final and the amount of the assessment is due	140460
and payable from the person assessed to the treasurer of state. A	140461
petition shall indicate the objections of the person assessed, but	140462
additional objections may be raised in writing if received by the	140463
commissioner prior to the date shown on the final determination.	140464
If the petition has been properly filed, the commissioner shall	140465
proceed under section 5703.60 of the Revised Code.	140466

(E) After an assessment becomes final, if any portion of the	140467
assessment, including accrued interest, remains unpaid, a	140468
certified copy of the tax commissioner's entry making the	140469
assessment final may be filed in the office of the clerk of the	140470
court of common pleas in the county in which the person assessed	140471
resides or in which the person assessed conducts business. If the	140472
person assessed maintains no place of business in this state and	140473
is not a resident of this state, the certified copy of the entry	140474
may be filed in the office of the clerk of the court of common	140475
pleas of Franklin county.	140476

Immediately upon the filing of the entry, the clerk shall	140477
enter a judgment for the state against the person assessed in the	140478
amount shown on the entry. The judgment may be filed by the clerk	140479
in a loose-leaf book entitled "special judgments for state tobacco	140480
products tax," and shall have the same effect as other judgments.	140481
Execution shall issue upon the judgment upon the request of the	140482
commissioner, and all laws applicable to sales on execution shall	140483
apply to sales made under the judgment.	140484

~~The portion of~~If the assessment is not paid in its entirety	140485
within sixty days after the day the assessment is issued, the	140486
portion of the assessment consisting of tax due shall bear	140487
interest at the rate per annum prescribed by section 5703.47 of	140488
the Revised Code from the day the commissioner issues the	140489
assessment until the assessment is paid or until it is certified	140490
to the attorney general for collection under section 131.02 of the	140491
Revised Code, whichever comes first. If the unpaid portion of the	140492
assessment is certified to the attorney general for collection,	140493
the entire unpaid portion of the assessment shall bear interest at	140494
the rate per annum prescribed by section 5703.47 of the Revised	140495
Code from the date of certification until the date it is paid in	140496
its entirety. Interest shall be paid in the same manner as the tax	140497
and may be collected by issuing an assessment under this section.	140498

(F) If the tax commissioner believes that collection of the	140499
tax will be jeopardized unless proceedings to collect or secure	140500
collection of the tax are instituted without delay, the	140501
commissioner may issue a jeopardy assessment against the person	140502
liable for the tax. Immediately upon the issuance of the jeopardy	140503
assessment, the commissioner shall file an entry with the clerk of	140504
the court of common pleas in the manner prescribed by division (E)	140505
of this section. Notice of the jeopardy assessment shall be served	140506
on the person assessed or the legal representative of the person	140507
assessed, as provided in section 5703.37 of the Revised Code,	140508
within five days of the filing of the entry with the clerk. The	140509
total amount assessed is immediately due and payable, unless the	140510
person assessed files a petition for reassessment in accordance	140511
with division (D) of this section and provides security in a form	140512
satisfactory to the commissioner and in an amount sufficient to	140513
satisfy the unpaid balance of the assessment. Full or partial	140514
payment of the assessment does not prejudice the commissioner's	140515
consideration of the petition for reassessment.	140516

(G) All money collected by the tax commissioner under this	140517
section shall be paid to the treasurer of state as revenue arising	140518
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	140519
the Revised Code.	140520

Sec. 5745.12. (A) If any taxpayer required to file a report	140521
under this chapter fails to file the report within the time	140522
prescribed, files an incorrect report, or fails to remit the full	140523
amount of the tax due for the period covered by the report, the	140524
tax commissioner may make an assessment against the taxpayer for	140525
any deficiency for the period for which the report or tax is due,	140526
based upon any information in the commissioner's possession.	140527

The tax commissioner shall not make or issue an assessment	140528
against a taxpayer more than three years after the later of the	140529
final date the report subject to assessment was required to be	140530
filed or the date the report was filed. Such time limit may be	140531
extended if both the taxpayer and the commissioner consent in	140532
writing to the extension. Any such extension shall extend the	140533
three-year time limit in section 5745.11 of the Revised Code for	140534
the same period of time. There shall be no bar or limit to an	140535
assessment against a taxpayer that fails to file a report subject	140536
to assessment as required by this chapter, or that files a	140537
fraudulent report. The commissioner shall give the taxpayer	140538
assessed written notice of the assessment as provided in section	140539
5703.37 of the Revised Code. With the notice, the commissioner	140540
shall provide instructions on how to petition for reassessment and	140541
request a hearing on the petition.	140542

(B) Unless the taxpayer assessed files with the tax	140543
commissioner within sixty days after service of the notice of	140544
assessment, either personally or by certified mail, a written	140545
petition for reassessment signed by the authorized agent of the	140546
taxpayer assessed having knowledge of the facts, the assessment	140547
becomes final, and the amount of the assessment is due and payable	140548
from the taxpayer to the treasurer of state. The petition shall	140549
indicate the taxpayer's objections, but additional objections may	140550
be raised in writing if received by the commissioner prior to the	140551
date shown on the final determination. If the petition has been	140552
properly filed, the commissioner shall proceed under section	140553
5703.60 of the Revised Code.	140554

(C) After an assessment becomes final, if any portion of the	140555
assessment remains unpaid, including accrued interest, a certified	140556
copy of the tax commissioner's entry making the assessment final	140557
may be filed in the office of the clerk of the court of common	140558
pleas in the county in which the taxpayer has an office or place	140559
of business in this state, the county in which the taxpayer's	140560
statutory agent is located, or Franklin county.	140561

Immediately upon the filing of the entry, the clerk shall	140562
enter a judgment against the taxpayer assessed in the amount shown	140563
on the entry. The judgment may be filed by the clerk in a	140564
loose-leaf book entitled "special judgments for municipal income	140565
taxes," and shall have the same effect as other judgments.	140566
Execution shall issue upon the judgment upon the request of the	140567
tax commissioner, and all laws applicable to sales on execution	140568
shall apply to sales made under the judgment.	140569

~~The portion of an~~If the assessment is not paid in its	140570
entirety within sixty days after the day the assessment was	140571
issued, the portion of the assessment consisting of tax due shall	140572
bear interest at the rate per annum prescribed by section 5703.47	140573
of the Revised Code from the day the commissioner issues the	140574
assessment until the assessment is paid or until it is certified	140575
to the attorney general for collection under section 131.02 of the	140576
Revised Code, whichever comes first. If the unpaid portion of the	140577
assessment is certified to the attorney general for collection,	140578
the entire unpaid portion of the assessment shall bear interest at	140579
the rate per annum prescribed by section 5703.47 of the Revised	140580
Code from the date of certification until the date it is paid in	140581
its entirety. Interest shall be paid in the same manner as the tax	140582
and may be collected by issuing an assessment under this section.	140583

(D) All money collected under this section shall be credited	140584
and distributed to the municipal corporation to which the money is	140585
owed based on the assessment issued under this section.	140586

(E) If the tax commissioner believes that collection of the	140587
tax imposed by this chapter will be jeopardized unless proceedings	140588
to collect or secure collection of the tax are instituted without	140589
delay, the commissioner may issue a jeopardy assessment against	140590
the taxpayer liable for the tax. Immediately upon the issuance of	140591
the jeopardy assessment, the commissioner shall file an entry with	140592
the clerk of the court of common pleas in the manner prescribed by	140593
division (C) of this section. Notice of the jeopardy assessment	140594
shall be served on the taxpayer assessed or the taxpayer's legal	140595
representative in the manner provided in section 5703.37 of the	140596
Revised Code within five days of the filing of the entry with the	140597
clerk. The total amount assessed is immediately due and payable,	140598
unless the taxpayer assessed files a petition for reassessment in	140599
accordance with division (B) of this section and provides security	140600
in a form satisfactory to the commissioner and in an amount	140601
sufficient to satisfy the unpaid balance of the assessment. Full	140602
or partial payment of the assessment does not prejudice the	140603
commissioner's consideration of the petition for reassessment.	140604

(F) Notwithstanding the fact that a petition for reassessment	140605
is pending, the taxpayer may pay all or a portion of the	140606
assessment that is the subject of the petition. The acceptance of	140607
a payment by the treasurer of state does not prejudice any claim	140608
for refund upon final determination of the petition.	140609

If upon final determination of the petition an error in the	140610
assessment is corrected by the tax commissioner, upon petition so	140611
filed or pursuant to a decision of the board of tax appeals or any	140612
court to which the determination or decision has been appealed, so	140613
that the amount due from the taxpayer under the corrected	140614
assessment is less than the portion paid, there shall be issued to	140615
the taxpayer, its assigns, or legal representative a refund in the	140616
amount of the overpayment as provided by section 5745.11 of the	140617
Revised Code, with interest on that amount as provided by section	140618
5745.11 of the Revised Code.	140619

Sec. 5747.01. Except as otherwise expressly provided or	140620
clearly appearing from the context, any term used in this chapter	140621
that is not otherwise defined in this section has the same meaning	140622
as when used in a comparable context in the laws of the United	140623
States relating to federal income taxes or if not used in a	140624
comparable context in those laws, has the same meaning as in	140625
section 5733.40 of the Revised Code. Any reference in this chapter	140626
to the Internal Revenue Code includes other laws of the United	140627
States relating to federal income taxes.	140628

As used in this chapter:

140629

(A) "Adjusted gross income" or "Ohio adjusted gross income"	140630
means federal adjusted gross income, as defined and used in the	140631
Internal Revenue Code, adjusted as provided in this section:	140632

(1) Add interest or dividends on obligations or securities of	140633
any state or of any political subdivision or authority of any	140634
state, other than this state and its subdivisions and authorities.	140635

(2) Add interest or dividends on obligations of any	140636
authority, commission, instrumentality, territory, or possession	140637
of the United States to the extent that the interest or dividends	140638
are exempt from federal income taxes but not from state income	140639
taxes.	140640

(3) Deduct interest or dividends on obligations of the United	140641
States and its territories and possessions or of any authority,	140642
commission, or instrumentality of the United States to the extent	140643
that the interest or dividends are included in federal adjusted	140644
gross income but exempt from state income taxes under the laws of	140645
the United States.	140646

(4) Deduct disability and survivor's benefits to the extent	140647
included in federal adjusted gross income.	140648

(5) Deduct benefits under Title II of the Social Security Act	140649
and tier 1 railroad retirement benefits to the extent included in	140650
federal adjusted gross income under section 86 of the Internal	140651
Revenue Code.	140652

(6) In the case of a taxpayer who is a beneficiary of a trust	140653
that makes an accumulation distribution as defined in section 665	140654
of the Internal Revenue Code, add, for the beneficiary's taxable	140655
years beginning before 2002, the portion, if any, of such	140656
distribution that does not exceed the undistributed net income of	140657
the trust for the three taxable years preceding the taxable year	140658
in which the distribution is made to the extent that the portion	140659
was not included in the trust's taxable income for any of the	140660
trust's taxable years beginning in 2002 or thereafter.	140661
"Undistributed net income of a trust" means the taxable income of	140662
the trust increased by (a)(i) the additions to adjusted gross	140663
income required under division (A) of this section and (ii) the	140664
personal exemptions allowed to the trust pursuant to section	140665
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	140666
deductions to adjusted gross income required under division (A) of	140667
this section, (ii) the amount of federal income taxes attributable	140668
to such income, and (iii) the amount of taxable income that has	140669
been included in the adjusted gross income of a beneficiary by	140670
reason of a prior accumulation distribution. Any undistributed net	140671
income included in the adjusted gross income of a beneficiary	140672
shall reduce the undistributed net income of the trust commencing	140673
with the earliest years of the accumulation period.	140674

(7) Deduct the amount of wages and salaries, if any, not	140675
otherwise allowable as a deduction but that would have been	140676
allowable as a deduction in computing federal adjusted gross	140677
income for the taxable year, had the targeted jobs credit allowed	140678
and determined under sections 38, 51, and 52 of the Internal	140679
Revenue Code not been in effect.	140680

(8) Deduct any interest or interest equivalent on public	140681
obligations and purchase obligations to the extent that the	140682
interest or interest equivalent is included in federal adjusted	140683
gross income.	140684

(9) Add any loss or deduct any gain resulting from the sale,	140685
exchange, or other disposition of public obligations to the extent	140686
that the loss has been deducted or the gain has been included in	140687
computing federal adjusted gross income.	140688

(10) Deduct or add amounts, as provided under section 5747.70	140689
of the Revised Code, related to contributions to variable college	140690
savings program accounts made or tuition units purchased pursuant	140691
to Chapter 3334. of the Revised Code.	140692

(11)(a) Deduct, to the extent not otherwise allowable as a	140693
deduction or exclusion in computing federal or Ohio adjusted gross	140694
income for the taxable year, the amount the taxpayer paid during	140695
the taxable year for medical care insurance and qualified	140696
long-term care insurance for the taxpayer, the taxpayer's spouse,	140697
and dependents. No deduction for medical care insurance under	140698
division (A)(11) of this section shall be allowed either to any	140699
taxpayer who is eligible to participate in any subsidized health	140700
plan maintained by any employer of the taxpayer or of the	140701
taxpayer's spouse, or to any taxpayer who is entitled to, or on	140702
application would be entitled to, benefits under part A of Title	140703
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	140704
301, as amended. For the purposes of division (A)(11)(a) of this	140705
section, "subsidized health plan" means a health plan for which	140706
the employer pays any portion of the plan's cost. The deduction	140707
allowed under division (A)(11)(a) of this section shall be the net	140708
of any related premium refunds, related premium reimbursements, or	140709
related insurance premium dividends received during the taxable	140710
year.	140711

(b) Deduct, to the extent not otherwise deducted or excluded	140712
in computing federal or Ohio adjusted gross income during the	140713
taxable year, the amount the taxpayer paid during the taxable	140714
year, not compensated for by any insurance or otherwise, for	140715
medical care of the taxpayer, the taxpayer's spouse, and	140716
dependents, to the extent the expenses exceed seven and one-half	140717
per cent of the taxpayer's federal adjusted gross income.	140718

(c) Deduct, to the extent not otherwise deducted or excluded	140719
in computing federal or Ohio adjusted gross income, any amount	140720
included in federal adjusted gross income under section 105 or not	140721
excluded under section 106 of the Internal Revenue Code solely	140722
because it relates to an accident and health plan for a person who	140723
otherwise would be a "qualifying relative" and thus a "dependent"	140724
under section 152 of the Internal Revenue Code but for the fact	140725
that the person fails to meet the income and support limitations	140726
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	140727

(d) For purposes of division (A)(11) of this section,	140728
"medical care" has the meaning given in section 213 of the	140729
Internal Revenue Code, subject to the special rules, limitations,	140730
and exclusions set forth therein, and "qualified long-term care"	140731
has the same meaning given in section 7702B(c) of the Internal	140732
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	140733
of this section, "dependent" includes a person who otherwise would	140734
be a "qualifying relative" and thus a "dependent" under section	140735
152 of the Internal Revenue Code but for the fact that the person	140736
fails to meet the income and support limitations under section	140737
152(d)(1)(B) and (C) of the Internal Revenue Code.	140738

(12)(a) Deduct any amount included in federal adjusted gross	140739
income solely because the amount represents a reimbursement or	140740
refund of expenses that in any year the taxpayer had deducted as	140741
an itemized deduction pursuant to section 63 of the Internal	140742
Revenue Code and applicable United States department of the	140743
treasury regulations. The deduction otherwise allowed under	140744
division (A)(12)(a) of this section shall be reduced to the extent	140745
the reimbursement is attributable to an amount the taxpayer	140746
deducted under this section in any taxable year.	140747

(b) Add any amount not otherwise included in Ohio adjusted	140748
gross income for any taxable year to the extent that the amount is	140749
attributable to the recovery during the taxable year of any amount	140750
deducted or excluded in computing federal or Ohio adjusted gross	140751
income in any taxable year.	140752

(13) Deduct any portion of the deduction described in section	140753
1341(a)(2) of the Internal Revenue Code, for repaying previously	140754
reported income received under a claim of right, that meets both	140755
of the following requirements:	140756

(a) It is allowable for repayment of an item that was	140757
included in the taxpayer's adjusted gross income for a prior	140758
taxable year and did not qualify for a credit under division (A)	140759
or (B) of section 5747.05 of the Revised Code for that year;	140760

(b) It does not otherwise reduce the taxpayer's adjusted	140761
gross income for the current or any other taxable year.	140762

(14) Deduct an amount equal to the deposits made to, and net	140763
investment earnings of, a medical savings account during the	140764
taxable year, in accordance with section 3924.66 of the Revised	140765
Code. The deduction allowed by division (A)(14) of this section	140766
does not apply to medical savings account deposits and earnings	140767
otherwise deducted or excluded for the current or any other	140768
taxable year from the taxpayer's federal adjusted gross income.	140769

(15)(a) Add an amount equal to the funds withdrawn from a	140770
medical savings account during the taxable year, and the net	140771
investment earnings on those funds, when the funds withdrawn were	140772
used for any purpose other than to reimburse an account holder	140773
for, or to pay, eligible medical expenses, in accordance with	140774
section 3924.66 of the Revised Code;	140775

(b) Add the amounts distributed from a medical savings	140776
account under division (A)(2) of section 3924.68 of the Revised	140777
Code during the taxable year.	140778

(16) Add any amount claimed as a credit under section	140779
5747.059 or 5747.65 of the Revised Code to the extent that such	140780
amount satisfies either of the following:	140781

(a) The amount was deducted or excluded from the computation	140782
of the taxpayer's federal adjusted gross income as required to be	140783
reported for the taxpayer's taxable year under the Internal	140784
Revenue Code;	140785

(b) The amount resulted in a reduction of the taxpayer's	140786
federal adjusted gross income as required to be reported for any	140787
of the taxpayer's taxable years under the Internal Revenue Code.	140788

(17) Deduct the amount contributed by the taxpayer to an	140789
individual development account program established by a county	140790
department of job and family services pursuant to sections 329.11	140791
to 329.14 of the Revised Code for the purpose of matching funds	140792
deposited by program participants. On request of the tax	140793
commissioner, the taxpayer shall provide any information that, in	140794
the tax commissioner's opinion, is necessary to establish the	140795
amount deducted under division (A)(17) of this section.	140796

(18) Beginning in taxable year 2001 but not for any taxable	140797
year beginning after December 31, 2005, if the taxpayer is married	140798
and files a joint return and the combined federal adjusted gross	140799
income of the taxpayer and the taxpayer's spouse for the taxable	140800
year does not exceed one hundred thousand dollars, or if the	140801
taxpayer is single and has a federal adjusted gross income for the	140802
taxable year not exceeding fifty thousand dollars, deduct amounts	140803
paid during the taxable year for qualified tuition and fees paid	140804
to an eligible institution for the taxpayer, the taxpayer's	140805
spouse, or any dependent of the taxpayer, who is a resident of	140806
this state and is enrolled in or attending a program that	140807
culminates in a degree or diploma at an eligible institution. The	140808
deduction may be claimed only to the extent that qualified tuition	140809
and fees are not otherwise deducted or excluded for any taxable	140810
year from federal or Ohio adjusted gross income. The deduction may	140811
not be claimed for educational expenses for which the taxpayer	140812
claims a credit under section 5747.27 of the Revised Code.	140813

(19) Add any reimbursement received during the taxable year	140814
of any amount the taxpayer deducted under division (A)(18) of this	140815
section in any previous taxable year to the extent the amount is	140816
not otherwise included in Ohio adjusted gross income.	140817

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	140818
(v) of this section, add five-sixths of the amount of depreciation	140819
expense allowed by subsection (k) of section 168 of the Internal	140820
Revenue Code, including the taxpayer's proportionate or	140821
distributive share of the amount of depreciation expense allowed	140822
by that subsection to a pass-through entity in which the taxpayer	140823
has a direct or indirect ownership interest.	140824

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	140825
this section, add five-sixths of the amount of qualifying section	140826
179 depreciation expense, including the taxpayer's proportionate	140827
or distributive share of the amount of qualifying section 179	140828
depreciation expense allowed to any pass-through entity in which	140829
the taxpayer has a direct or indirect ownership interest.	140830

(iii) Subject to division (A)(20)(a)(v) of this section, for	140831
taxable years beginning in 2012 or thereafter, if the increase in	140832
income taxes withheld by the taxpayer is equal to or greater than	140833
ten per cent of income taxes withheld by the taxpayer during the	140834
taxpayer's immediately preceding taxable year, "two-thirds" shall	140835
be substituted for "five-sixths" for the purpose of divisions	140836
(A)(20)(a)(i) and (ii) of this section.	140837

(iv) Subject to division (A)(20)(a)(v) of this section, for	140838
taxable years beginning in 2012 or thereafter, a taxpayer is not	140839
required to add an amount under division (A)(20) of this section	140840
if the increase in income taxes withheld by the taxpayer and by	140841
any pass-through entity in which the taxpayer has a direct or	140842
indirect ownership interest is equal to or greater than the sum of	140843
(I) the amount of qualifying section 179 depreciation expense and	140844
(II) the amount of depreciation expense allowed to the taxpayer by	140845
subsection (k) of section 168 of the Internal Revenue Code, and	140846
including the taxpayer's proportionate or distributive shares of	140847
such amounts allowed to any such pass-through entities.	140848

(v) If a taxpayer directly or indirectly incurs a net	140849
operating loss for the taxable year for federal income tax	140850
purposes, to the extent such loss resulted from depreciation	140851
expense allowed by subsection (k) of section 168 of the Internal	140852
Revenue Code and by qualifying section 179 depreciation expense,	140853
"the entire" shall be substituted for "five-sixths of the" for the	140854
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	140855

The tax commissioner, under procedures established by the	140856
commissioner, may waive the add-backs related to a pass-through	140857
entity if the taxpayer owns, directly or indirectly, less than	140858
five per cent of the pass-through entity.	140859

(b) Nothing in division (A)(20) of this section shall be	140860
construed to adjust or modify the adjusted basis of any asset.	140861

(c) To the extent the add-back required under division	140862
(A)(20)(a) of this section is attributable to property generating	140863
nonbusiness income or loss allocated under section 5747.20 of the	140864
Revised Code, the add-back shall be sitused to the same location	140865
as the nonbusiness income or loss generated by the property for	140866
the purpose of determining the credit under division (A) of	140867
section 5747.05 of the Revised Code. Otherwise, the add-back shall	140868
be apportioned, subject to one or more of the four alternative	140869
methods of apportionment enumerated in section 5747.21 of the	140870
Revised Code.	140871

(d) For the purposes of division (A)(20)(a)(v) of this	140872
section, net operating loss carryback and carryforward shall not	140873
include the allowance of any net operating loss deduction	140874
carryback or carryforward to the taxable year to the extent such	140875
loss resulted from depreciation allowed by section 168(k) of the	140876
Internal Revenue Code and by the qualifying section 179	140877
depreciation expense amount.	140878

(e) For the purposes of divisions (A)(20) and (21) of this	140879
section:	140880

(i) "Income taxes withheld" means the total amount withheld	140881
and remitted under sections 5747.06 and 5747.07 of the Revised	140882
Code by an employer during the employer's taxable year.	140883

(ii) "Increase in income taxes withheld" means the amount by	140884
which the amount of income taxes withheld by an employer during	140885
the employer's current taxable year exceeds the amount of income	140886
taxes withheld by that employer during the employer's immediately	140887
preceding taxable year.	140888

(iii) "Qualifying section 179 depreciation expense" means the	140889
difference between (I) the amount of depreciation expense directly	140890
or indirectly allowed to a taxpayer under section 179 of the	140891
Internal Revised Code, and (II) the amount of depreciation expense	140892
directly or indirectly allowed to the taxpayer under section 179	140893
of the Internal Revenue Code as that section existed on December	140894
31, 2002.	140895

(21)(a) If the taxpayer was required to add an amount under	140896
division (A)(20)(a) of this section for a taxable year, deduct one	140897
of the following:	140898

(i) One-fifth of the amount so added for each of the five	140899
succeeding taxable years if the amount so added was five-sixths of	140900
qualifying section 179 depreciation expense or depreciation	140901
expense allowed by subsection (k) of section 168 of the Internal	140902
Revenue Code;	140903

(ii) One-half of the amount so added for each of the two	140904
succeeding taxable years if the amount so added was two-thirds of	140905
such depreciation expense;	140906

(iii) One-sixth of the amount so added for each of the six	140907
succeeding taxable years if the entire amount of such depreciation	140908
expense was so added.	140909

(b) If the amount deducted under division (A)(21)(a) of this	140910
section is attributable to an add-back allocated under division	140911
(A)(20)(c) of this section, the amount deducted shall be sitused	140912
to the same location. Otherwise, the add-back shall be apportioned	140913
using the apportionment factors for the taxable year in which the	140914
deduction is taken, subject to one or more of the four alternative	140915
methods of apportionment enumerated in section 5747.21 of the	140916
Revised Code.	140917

(c) No deduction is available under division (A)(21)(a) of	140918
this section with regard to any depreciation allowed by section	140919
168(k) of the Internal Revenue Code and by the qualifying section	140920
179 depreciation expense amount to the extent that such	140921
depreciation results in or increases a federal net operating loss	140922
carryback or carryforward. If no such deduction is available for a	140923
taxable year, the taxpayer may carry forward the amount not	140924
deducted in such taxable year to the next taxable year and add	140925
that amount to any deduction otherwise available under division	140926
(A)(21)(a) of this section for that next taxable year. The	140927
carryforward of amounts not so deducted shall continue until the	140928
entire addition required by division (A)(20)(a) of this section	140929
has been deducted.	140930

(d) No refund shall be allowed as a result of adjustments	140931
made by division (A)(21) of this section.	140932

(22) Deduct, to the extent not otherwise deducted or excluded	140933
in computing federal or Ohio adjusted gross income for the taxable	140934
year, the amount the taxpayer received during the taxable year as	140935
reimbursement for life insurance premiums under section 5919.31 of	140936
the Revised Code.	140937

(23) Deduct, to the extent not otherwise deducted or excluded	140938
in computing federal or Ohio adjusted gross income for the taxable	140939
year, the amount the taxpayer received during the taxable year as	140940
a death benefit paid by the adjutant general under section 5919.33	140941
of the Revised Code.	140942

(24) Deduct, to the extent included in federal adjusted gross	140943
income and not otherwise allowable as a deduction or exclusion in	140944
computing federal or Ohio adjusted gross income for the taxable	140945
year, military pay and allowances received by the taxpayer during	140946
the taxable year for active duty service in the United States	140947
army, air force, navy, marine corps, or coast guard or reserve	140948
components thereof or the national guard. The deduction may not be	140949
claimed for military pay and allowances received by the taxpayer	140950
while the taxpayer is stationed in this state.	140951

(25) Deduct, to the extent not otherwise allowable as a	140952
deduction or exclusion in computing federal or Ohio adjusted gross	140953
income for the taxable year and not otherwise compensated for by	140954
any other source, the amount of qualified organ donation expenses	140955
incurred by the taxpayer during the taxable year, not to exceed	140956
ten thousand dollars. A taxpayer may deduct qualified organ	140957
donation expenses only once for all taxable years beginning with	140958
taxable years beginning in 2007.	140959

For the purposes of division (A)(25) of this section:

140960

(a) "Human organ" means all or any portion of a human liver,	140961
pancreas, kidney, intestine, or lung, and any portion of human	140962
bone marrow.	140963

(b) "Qualified organ donation expenses" means travel	140964
expenses, lodging expenses, and wages and salary forgone by a	140965
taxpayer in connection with the taxpayer's donation, while living,	140966
of one or more of the taxpayer's human organs to another human	140967
being.	140968

(26) Deduct, to the extent not otherwise deducted or excluded	140969
in computing federal or Ohio adjusted gross income for the taxable	140970
year, amounts received by the taxpayer as retired ~~military~~	140971
personnel pay for service in the ~~United States army, navy, air~~	140972
~~force, coast guard, or marine corps~~uniformed services or reserve	140973
components thereof, or the national guard, or received by the	140974
surviving spouse or former spouse of such a taxpayer under the	140975
survivor benefit plan on account of such a taxpayer's death. If	140976
the taxpayer receives income on account of retirement paid under	140977
the federal civil service retirement system or federal employees	140978
retirement system, or under any successor retirement program	140979
enacted by the congress of the United States that is established	140980
and maintained for retired employees of the United States	140981
government, and such retirement income is based, in whole or in	140982
part, on credit for the taxpayer's ~~military~~uniformed service, the	140983
deduction allowed under this division shall include only that	140984
portion of such retirement income that is attributable to the	140985
taxpayer's ~~military~~uniformed service, to the extent that portion	140986
of such retirement income is otherwise included in federal	140987
adjusted gross income and is not otherwise deducted under this	140988
section. Any amount deducted under division (A)(26) of this	140989
section is not included in a taxpayer's adjusted gross income for	140990
the purposes of section 5747.055 of the Revised Code. No amount	140991
may be deducted under division (A)(26) of this section on the	140992
basis of which a credit was claimed under section 5747.055 of the	140993
Revised Code.	140994

(27) Deduct, to the extent not otherwise deducted or excluded	140995
in computing federal or Ohio adjusted gross income for the taxable	140996
year, the amount the taxpayer received during the taxable year	140997
from the military injury relief fund created in section 5101.98 of	140998
the Revised Code.	140999

(28) Deduct, to the extent not otherwise deducted or excluded	141000
in computing federal or Ohio adjusted gross income for the taxable	141001
year, the amount the taxpayer received as a veterans bonus during	141002
the taxable year from the Ohio department of veterans services as	141003
authorized by Section 2r of Article VIII, Ohio Constitution.	141004

(29) Deduct, to the extent not otherwise deducted or excluded	141005
in computing federal or Ohio adjusted gross income for the taxable	141006
year, any loss from wagering transactions that is allowed as an	141007
itemized deduction under section 165 of the Internal Revenue Code	141008
and that the taxpayer deducted in computing federal taxable	141009
income.	141010

(30) Deduct, to the extent not otherwise deducted or excluded	141011
in computing federal or Ohio adjusted gross income for the taxable	141012
year, any income derived from a transfer agreement or from the	141013
enterprise transferred under that agreement under section 4313.02	141014
of the Revised Code.	141015

(31) Deduct, to the extent not otherwise deducted or excluded	141016
in computing federal or Ohio adjusted gross income for the taxable	141017
year, Ohio college opportunity or federal Pell grant amounts	141018
received by the taxpayer or the taxpayer's spouse or dependent	141019
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	141020
1070a, et seq., and used to pay room or board furnished by the	141021
educational institution for which the grant was awarded at the	141022
institution's facilities, including meal plans administered by the	141023
institution. For the purposes of this division, receipt of a grant	141024
includes the distribution of a grant directly to an educational	141025
institution and the crediting of the grant to the enrollee's	141026
account with the institution.	141027

(32) Deduct one-half of the taxpayer's Ohio small business	141028
investor income, not to exceed one hundred eighty-seven thousand	141029
five hundred dollars for each spouse if spouses file separate	141030
returns under section 5747.08 of the Revised Code or three hundred	141031
seventy-five thousand dollars for all other taxpayers. No	141032
pass-through entity may claim a deduction under this division.	141033

For the purposes of this division, "Ohio small business	141034
investor income" means the portion of a taxpayer's adjusted gross	141035
income that is business income reduced by deductions from business	141036
income and apportioned or allocated to this state under sections	141037
5747.21 and 5747.22 of the Revised Code, to the extent not	141038
otherwise deducted or excluded in computing federal or Ohio	141039
adjusted gross income for the taxable year.	141040

(B) "Business income" means income, including gain or loss,	141041
arising from transactions, activities, and sources in the regular	141042
course of a trade or business and includes income, gain, or loss	141043
from real property, tangible property, and intangible property if	141044
the acquisition, rental, management, and disposition of the	141045
property constitute integral parts of the regular course of a	141046
trade or business operation. "Business income" includes income,	141047
including gain or loss, from a partial or complete liquidation of	141048
a business, including, but not limited to, gain or loss from the	141049
sale or other disposition of goodwill.	141050

(C) "Nonbusiness income" means all income other than business	141051
income and may include, but is not limited to, compensation, rents	141052
and royalties from real or tangible personal property, capital	141053
gains, interest, dividends and distributions, patent or copyright	141054
royalties, or lottery winnings, prizes, and awards.	141055

(D) "Compensation" means any form of remuneration paid to an	141056
employee for personal services.	141057

(E) "Fiduciary" means a guardian, trustee, executor,	141058
administrator, receiver, conservator, or any other person acting	141059
in any fiduciary capacity for any individual, trust, or estate.	141060

(F) "Fiscal year" means an accounting period of twelve months	141061
ending on the last day of any month other than December.	141062

(G) "Individual" means any natural person.

141063

(H) "Internal Revenue Code" means the "Internal Revenue Code	141064
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	141065

(I) "Resident" means any of the following, provided that	141066
division (I)(3) of this section applies only to taxable years of a	141067
trust beginning in 2002 or thereafter:	141068

(1) An individual who is domiciled in this state, subject to	141069
section 5747.24 of the Revised Code;	141070

(2) The estate of a decedent who at the time of death was	141071
domiciled in this state. The domicile tests of section 5747.24 of	141072
the Revised Code are not controlling for purposes of division	141073
(I)(2) of this section.	141074

(3) A trust that, in whole or part, resides in this state. If	141075
only part of a trust resides in this state, the trust is a	141076
resident only with respect to that part.	141077

For the purposes of division (I)(3) of this section:

141078

(a) A trust resides in this state for the trust's current	141079
taxable year to the extent, as described in division (I)(3)(d) of	141080
this section, that the trust consists directly or indirectly, in	141081
whole or in part, of assets, net of any related liabilities, that	141082
were transferred, or caused to be transferred, directly or	141083
indirectly, to the trust by any of the following:	141084

(i) A person, a court, or a governmental entity or	141085
instrumentality on account of the death of a decedent, but only if	141086
the trust is described in division (I)(3)(e)(i) or (ii) of this	141087
section;	141088

(ii) A person who was domiciled in this state for the	141089
purposes of this chapter when the person directly or indirectly	141090
transferred assets to an irrevocable trust, but only if at least	141091
one of the trust's qualifying beneficiaries is domiciled in this	141092
state for the purposes of this chapter during all or some portion	141093
of the trust's current taxable year;	141094

(iii) A person who was domiciled in this state for the	141095
purposes of this chapter when the trust document or instrument or	141096
part of the trust document or instrument became irrevocable, but	141097
only if at least one of the trust's qualifying beneficiaries is a	141098
resident domiciled in this state for the purposes of this chapter	141099
during all or some portion of the trust's current taxable year. If	141100
a trust document or instrument became irrevocable upon the death	141101
of a person who at the time of death was domiciled in this state	141102
for purposes of this chapter, that person is a person described in	141103
division (I)(3)(a)(iii) of this section.	141104

(b) A trust is irrevocable to the extent that the transferor	141105
is not considered to be the owner of the net assets of the trust	141106
under sections 671 to 678 of the Internal Revenue Code.	141107

(c) With respect to a trust other than a charitable lead	141108
trust, "qualifying beneficiary" has the same meaning as "potential	141109
current beneficiary" as defined in section 1361(e)(2) of the	141110
Internal Revenue Code, and with respect to a charitable lead trust	141111
"qualifying beneficiary" is any current, future, or contingent	141112
beneficiary, but with respect to any trust "qualifying	141113
beneficiary" excludes a person or a governmental entity or	141114
instrumentality to any of which a contribution would qualify for	141115
the charitable deduction under section 170 of the Internal Revenue	141116
Code.	141117

(d) For the purposes of division (I)(3)(a) of this section,	141118
the extent to which a trust consists directly or indirectly, in	141119
whole or in part, of assets, net of any related liabilities, that	141120
were transferred directly or indirectly, in whole or part, to the	141121
trust by any of the sources enumerated in that division shall be	141122
ascertained by multiplying the fair market value of the trust's	141123
assets, net of related liabilities, by the qualifying ratio, which	141124
shall be computed as follows:	141125

(i) The first time the trust receives assets, the numerator	141126
of the qualifying ratio is the fair market value of those assets	141127
at that time, net of any related liabilities, from sources	141128
enumerated in division (I)(3)(a) of this section. The denominator	141129
of the qualifying ratio is the fair market value of all the	141130
trust's assets at that time, net of any related liabilities.	141131

(ii) Each subsequent time the trust receives assets, a	141132
revised qualifying ratio shall be computed. The numerator of the	141133
revised qualifying ratio is the sum of (1) the fair market value	141134
of the trust's assets immediately prior to the subsequent	141135
transfer, net of any related liabilities, multiplied by the	141136
qualifying ratio last computed without regard to the subsequent	141137
transfer, and (2) the fair market value of the subsequently	141138
transferred assets at the time transferred, net of any related	141139
liabilities, from sources enumerated in division (I)(3)(a) of this	141140
section. The denominator of the revised qualifying ratio is the	141141
fair market value of all the trust's assets immediately after the	141142
subsequent transfer, net of any related liabilities.	141143

(iii) Whether a transfer to the trust is by or from any of	141144
the sources enumerated in division (I)(3)(a) of this section shall	141145
be ascertained without regard to the domicile of the trust's	141146
beneficiaries.	141147

(e) For the purposes of division (I)(3)(a)(i) of this	141148
section:	141149

(i) A trust is described in division (I)(3)(e)(i) of this	141150
section if the trust is a testamentary trust and the testator of	141151
that testamentary trust was domiciled in this state at the time of	141152
the testator's death for purposes of the taxes levied under	141153
Chapter 5731. of the Revised Code.	141154

(ii) A trust is described in division (I)(3)(e)(ii) of this	141155
section if the transfer is a qualifying transfer described in any	141156
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	141157
irrevocable inter vivos trust, and at least one of the trust's	141158
qualifying beneficiaries is domiciled in this state for purposes	141159
of this chapter during all or some portion of the trust's current	141160
taxable year.	141161

(f) For the purposes of division (I)(3)(e)(ii) of this	141162
section, a "qualifying transfer" is a transfer of assets, net of	141163
any related liabilities, directly or indirectly to a trust, if the	141164
transfer is described in any of the following:	141165

(i) The transfer is made to a trust, created by the decedent	141166
before the decedent's death and while the decedent was domiciled	141167
in this state for the purposes of this chapter, and, prior to the	141168
death of the decedent, the trust became irrevocable while the	141169
decedent was domiciled in this state for the purposes of this	141170
chapter.	141171

(ii) The transfer is made to a trust to which the decedent,	141172
prior to the decedent's death, had directly or indirectly	141173
transferred assets, net of any related liabilities, while the	141174
decedent was domiciled in this state for the purposes of this	141175
chapter, and prior to the death of the decedent the trust became	141176
irrevocable while the decedent was domiciled in this state for the	141177
purposes of this chapter.	141178

(iii) The transfer is made on account of a contractual	141179
relationship existing directly or indirectly between the	141180
transferor and either the decedent or the estate of the decedent	141181
at any time prior to the date of the decedent's death, and the	141182
decedent was domiciled in this state at the time of death for	141183
purposes of the taxes levied under Chapter 5731. of the Revised	141184
Code.	141185

(iv) The transfer is made to a trust on account of a	141186
contractual relationship existing directly or indirectly between	141187
the transferor and another person who at the time of the	141188
decedent's death was domiciled in this state for purposes of this	141189
chapter.	141190

(v) The transfer is made to a trust on account of the will of	141191
a testator who was domiciled in this state at the time of the	141192
testator's death for purposes of the taxes levied under Chapter	141193
5731. of the Revised Code.	141194

(vi) The transfer is made to a trust created by or caused to	141195
be created by a court, and the trust was directly or indirectly	141196
created in connection with or as a result of the death of an	141197
individual who, for purposes of the taxes levied under Chapter	141198
5731. of the Revised Code, was domiciled in this state at the time	141199
of the individual's death.	141200

(g) The tax commissioner may adopt rules to ascertain the	141201
part of a trust residing in this state.	141202

(J) "Nonresident" means an individual or estate that is not a	141203
resident. An individual who is a resident for only part of a	141204
taxable year is a nonresident for the remainder of that taxable	141205
year.	141206

(K) "Pass-through entity" has the same meaning as in section	141207
5733.04 of the Revised Code.	141208

(L) "Return" means the notifications and reports required to	141209
be filed pursuant to this chapter for the purpose of reporting the	141210
tax due and includes declarations of estimated tax when so	141211
required.	141212

(M) "Taxable year" means the calendar year or the taxpayer's	141213
fiscal year ending during the calendar year, or fractional part	141214
thereof, upon which the adjusted gross income is calculated	141215
pursuant to this chapter.	141216

(N) "Taxpayer" means any person subject to the tax imposed by	141217
section 5747.02 of the Revised Code or any pass-through entity	141218
that makes the election under division (D) of section 5747.08 of	141219
the Revised Code.	141220

(O) "Dependents" means dependents as defined in the Internal	141221
Revenue Code and as claimed in the taxpayer's federal income tax	141222
return for the taxable year or which the taxpayer would have been	141223
permitted to claim had the taxpayer filed a federal income tax	141224
return.	141225

(P) "Principal county of employment" means, in the case of a	141226
nonresident, the county within the state in which a taxpayer	141227
performs services for an employer or, if those services are	141228
performed in more than one county, the county in which the major	141229
portion of the services are performed.	141230

(Q) As used in sections 5747.50 to 5747.55 of the Revised	141231
Code:	141232

(1) "Subdivision" means any county, municipal corporation,	141233
park district, or township.	141234

(2) "Essential local government purposes" includes all	141235
functions that any subdivision is required by general law to	141236
exercise, including like functions that are exercised under a	141237
charter adopted pursuant to the Ohio Constitution.	141238

(R) "Overpayment" means any amount already paid that exceeds	141239
the figure determined to be the correct amount of the tax.	141240

(S) "Taxable income" or "Ohio taxable income" applies only to	141241
estates and trusts, and means federal taxable income, as defined	141242
and used in the Internal Revenue Code, adjusted as follows:	141243

(1) Add interest or dividends, net of ordinary, necessary,	141244
and reasonable expenses not deducted in computing federal taxable	141245
income, on obligations or securities of any state or of any	141246
political subdivision or authority of any state, other than this	141247
state and its subdivisions and authorities, but only to the extent	141248
that such net amount is not otherwise includible in Ohio taxable	141249
income and is described in either division (S)(1)(a) or (b) of	141250
this section:	141251

(a) The net amount is not attributable to the S portion of an	141252
electing small business trust and has not been distributed to	141253
beneficiaries for the taxable year;	141254

(b) The net amount is attributable to the S portion of an	141255
electing small business trust for the taxable year.	141256

(2) Add interest or dividends, net of ordinary, necessary,	141257
and reasonable expenses not deducted in computing federal taxable	141258
income, on obligations of any authority, commission,	141259
instrumentality, territory, or possession of the United States to	141260
the extent that the interest or dividends are exempt from federal	141261
income taxes but not from state income taxes, but only to the	141262
extent that such net amount is not otherwise includible in Ohio	141263
taxable income and is described in either division (S)(1)(a) or	141264
(b) of this section;	141265

(3) Add the amount of personal exemption allowed to the	141266
estate pursuant to section 642(b) of the Internal Revenue Code;	141267

(4) Deduct interest or dividends, net of related expenses	141268
deducted in computing federal taxable income, on obligations of	141269
the United States and its territories and possessions or of any	141270
authority, commission, or instrumentality of the United States to	141271
the extent that the interest or dividends are exempt from state	141272
taxes under the laws of the United States, but only to the extent	141273
that such amount is included in federal taxable income and is	141274
described in either division (S)(1)(a) or (b) of this section;	141275

(5) Deduct the amount of wages and salaries, if any, not	141276
otherwise allowable as a deduction but that would have been	141277
allowable as a deduction in computing federal taxable income for	141278
the taxable year, had the targeted jobs credit allowed under	141279
sections 38, 51, and 52 of the Internal Revenue Code not been in	141280
effect, but only to the extent such amount relates either to	141281
income included in federal taxable income for the taxable year or	141282
to income of the S portion of an electing small business trust for	141283
the taxable year;	141284

(6) Deduct any interest or interest equivalent, net of	141285
related expenses deducted in computing federal taxable income, on	141286
public obligations and purchase obligations, but only to the	141287
extent that such net amount relates either to income included in	141288
federal taxable income for the taxable year or to income of the S	141289
portion of an electing small business trust for the taxable year;	141290

(7) Add any loss or deduct any gain resulting from sale,	141291
exchange, or other disposition of public obligations to the extent	141292
that such loss has been deducted or such gain has been included in	141293
computing either federal taxable income or income of the S portion	141294
of an electing small business trust for the taxable year;	141295

(8) Except in the case of the final return of an estate, add	141296
any amount deducted by the taxpayer on both its Ohio estate tax	141297
return pursuant to section 5731.14 of the Revised Code, and on its	141298
federal income tax return in determining federal taxable income;	141299

(9)(a) Deduct any amount included in federal taxable income	141300
solely because the amount represents a reimbursement or refund of	141301
expenses that in a previous year the decedent had deducted as an	141302
itemized deduction pursuant to section 63 of the Internal Revenue	141303
Code and applicable treasury regulations. The deduction otherwise	141304
allowed under division (S)(9)(a) of this section shall be reduced	141305
to the extent the reimbursement is attributable to an amount the	141306
taxpayer or decedent deducted under this section in any taxable	141307
year.	141308

(b) Add any amount not otherwise included in Ohio taxable	141309
income for any taxable year to the extent that the amount is	141310
attributable to the recovery during the taxable year of any amount	141311
deducted or excluded in computing federal or Ohio taxable income	141312
in any taxable year, but only to the extent such amount has not	141313
been distributed to beneficiaries for the taxable year.	141314

(10) Deduct any portion of the deduction described in section	141315
1341(a)(2) of the Internal Revenue Code, for repaying previously	141316
reported income received under a claim of right, that meets both	141317
of the following requirements:	141318

(a) It is allowable for repayment of an item that was	141319
included in the taxpayer's taxable income or the decedent's	141320
adjusted gross income for a prior taxable year and did not qualify	141321
for a credit under division (A) or (B) of section 5747.05 of the	141322
Revised Code for that year.	141323

(b) It does not otherwise reduce the taxpayer's taxable	141324
income or the decedent's adjusted gross income for the current or	141325
any other taxable year.	141326

(11) Add any amount claimed as a credit under section	141327
5747.059 or 5747.65 of the Revised Code to the extent that the	141328
amount satisfies either of the following:	141329

(a) The amount was deducted or excluded from the computation	141330
of the taxpayer's federal taxable income as required to be	141331
reported for the taxpayer's taxable year under the Internal	141332
Revenue Code;	141333

(b) The amount resulted in a reduction in the taxpayer's	141334
federal taxable income as required to be reported for any of the	141335
taxpayer's taxable years under the Internal Revenue Code.	141336

(12) Deduct any amount, net of related expenses deducted in	141337
computing federal taxable income, that a trust is required to	141338
report as farm income on its federal income tax return, but only	141339
if the assets of the trust include at least ten acres of land	141340
satisfying the definition of "land devoted exclusively to	141341
agricultural use" under section 5713.30 of the Revised Code,	141342
regardless of whether the land is valued for tax purposes as such	141343
land under sections 5713.30 to 5713.38 of the Revised Code. If the	141344
trust is a pass-through entity investor, section 5747.231 of the	141345
Revised Code applies in ascertaining if the trust is eligible to	141346
claim the deduction provided by division (S)(12) of this section	141347
in connection with the pass-through entity's farm income.	141348

Except for farm income attributable to the S portion of an	141349
electing small business trust, the deduction provided by division	141350
(S)(12) of this section is allowed only to the extent that the	141351
trust has not distributed such farm income. Division (S)(12) of	141352
this section applies only to taxable years of a trust beginning in	141353
2002 or thereafter.	141354

(13) Add the net amount of income described in section 641(c)	141355
of the Internal Revenue Code to the extent that amount is not	141356
included in federal taxable income.	141357

(14) Add or deduct the amount the taxpayer would be required	141358
to add or deduct under division (A)(20) or (21) of this section if	141359
the taxpayer's Ohio taxable income were computed in the same	141360
manner as an individual's Ohio adjusted gross income is computed	141361
under this section. In the case of a trust, division (S)(14) of	141362
this section applies only to any of the trust's taxable years	141363
beginning in 2002 or thereafter.	141364

(T) "School district income" and "school district income tax"	141365
have the same meanings as in section 5748.01 of the Revised Code.	141366

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	141367
of this section, "public obligations," "purchase obligations," and	141368
"interest or interest equivalent" have the same meanings as in	141369
section 5709.76 of the Revised Code.	141370

(V) "Limited liability company" means any limited liability	141371
company formed under Chapter 1705. of the Revised Code or under	141372
the laws of any other state.	141373

(W) "Pass-through entity investor" means any person who,	141374
during any portion of a taxable year of a pass-through entity, is	141375
a partner, member, shareholder, or equity investor in that	141376
pass-through entity.	141377

(X) "Banking day" has the same meaning as in section 1304.01	141378
of the Revised Code.	141379

(Y) "Month" means a calendar month.

141380

(Z) "Quarter" means the first three months, the second three	141381
months, the third three months, or the last three months of the	141382
taxpayer's taxable year.	141383

(AA)(1) "Eligible institution" means a state university or	141384
state institution of higher education as defined in section	141385
3345.011 of the Revised Code, or a private, nonprofit college,	141386
university, or other post-secondary institution located in this	141387
state that possesses a certificate of authorization issued by the	141388
Ohio board of regents pursuant to Chapter 1713. of the Revised	141389
Code or a certificate of registration issued by the state board of	141390
career colleges and schools under Chapter 3332. of the Revised	141391
Code.	141392

(2) "Qualified tuition and fees" means tuition and fees	141393
imposed by an eligible institution as a condition of enrollment or	141394
attendance, not exceeding two thousand five hundred dollars in	141395
each of the individual's first two years of post-secondary	141396
education. If the individual is a part-time student, "qualified	141397
tuition and fees" includes tuition and fees paid for the academic	141398
equivalent of the first two years of post-secondary education	141399
during a maximum of five taxable years, not exceeding a total of	141400
five thousand dollars. "Qualified tuition and fees" does not	141401
include:	141402

(a) Expenses for any course or activity involving sports,	141403
games, or hobbies unless the course or activity is part of the	141404
individual's degree or diploma program;	141405

(b) The cost of books, room and board, student activity fees,	141406
athletic fees, insurance expenses, or other expenses unrelated to	141407
the individual's academic course of instruction;	141408

(c) Tuition, fees, or other expenses paid or reimbursed	141409
through an employer, scholarship, grant in aid, or other	141410
educational benefit program.	141411

(BB)(1) "Modified business income" means the business income	141412
included in a trust's Ohio taxable income after such taxable	141413
income is first reduced by the qualifying trust amount, if any.	141414

(2) "Qualifying trust amount" of a trust means capital gains	141415
and losses from the sale, exchange, or other disposition of equity	141416
or ownership interests in, or debt obligations of, a qualifying	141417
investee to the extent included in the trust's Ohio taxable	141418
income, but only if the following requirements are satisfied:	141419

(a) The book value of the qualifying investee's physical	141420
assets in this state and everywhere, as of the last day of the	141421
qualifying investee's fiscal or calendar year ending immediately	141422
prior to the date on which the trust recognizes the gain or loss,	141423
is available to the trust.	141424

(b) The requirements of section 5747.011 of the Revised Code	141425
are satisfied for the trust's taxable year in which the trust	141426
recognizes the gain or loss.	141427

Any gain or loss that is not a qualifying trust amount is	141428
modified business income, qualifying investment income, or	141429
modified nonbusiness income, as the case may be.	141430

(3) "Modified nonbusiness income" means a trust's Ohio	141431
taxable income other than modified business income, other than the	141432
qualifying trust amount, and other than qualifying investment	141433
income, as defined in section 5747.012 of the Revised Code, to the	141434
extent such qualifying investment income is not otherwise part of	141435
modified business income.	141436

(4) "Modified Ohio taxable income" applies only to trusts,	141437
and means the sum of the amounts described in divisions (BB)(4)(a)	141438
to (c) of this section:	141439

(a) The fraction, calculated under section 5747.013, and	141440
applying section 5747.231 of the Revised Code, multiplied by the	141441
sum of the following amounts:	141442

(i) The trust's modified business income;

141443

(ii) The trust's qualifying investment income, as defined in	141444
section 5747.012 of the Revised Code, but only to the extent the	141445
qualifying investment income does not otherwise constitute	141446
modified business income and does not otherwise constitute a	141447
qualifying trust amount.	141448

(b) The qualifying trust amount multiplied by a fraction, the	141449
numerator of which is the sum of the book value of the qualifying	141450
investee's physical assets in this state on the last day of the	141451
qualifying investee's fiscal or calendar year ending immediately	141452
prior to the day on which the trust recognizes the qualifying	141453
trust amount, and the denominator of which is the sum of the book	141454
value of the qualifying investee's total physical assets	141455
everywhere on the last day of the qualifying investee's fiscal or	141456
calendar year ending immediately prior to the day on which the	141457
trust recognizes the qualifying trust amount. If, for a taxable	141458
year, the trust recognizes a qualifying trust amount with respect	141459
to more than one qualifying investee, the amount described in	141460
division (BB)(4)(b) of this section shall equal the sum of the	141461
products so computed for each such qualifying investee.	141462

(c)(i) With respect to a trust or portion of a trust that is	141463
a resident as ascertained in accordance with division (I)(3)(d) of	141464
this section, its modified nonbusiness income.	141465

(ii) With respect to a trust or portion of a trust that is	141466
not a resident as ascertained in accordance with division	141467
(I)(3)(d) of this section, the amount of its modified nonbusiness	141468
income satisfying the descriptions in divisions (B)(2) to (5) of	141469
section 5747.20 of the Revised Code, except as otherwise provided	141470
in division (BB)(4)(c)(ii) of this section. With respect to a	141471
trust or portion of a trust that is not a resident as ascertained	141472
in accordance with division (I)(3)(d) of this section, the trust's	141473
portion of modified nonbusiness income recognized from the sale,	141474
exchange, or other disposition of a debt interest in or equity	141475
interest in a section 5747.212 entity, as defined in section	141476
5747.212 of the Revised Code, without regard to division (A) of	141477
that section, shall not be allocated to this state in accordance	141478
with section 5747.20 of the Revised Code but shall be apportioned	141479
to this state in accordance with division (B) of section 5747.212	141480
of the Revised Code without regard to division (A) of that	141481
section.	141482

If the allocation and apportionment of a trust's income under	141483
divisions (BB)(4)(a) and (c) of this section do not fairly	141484
represent the modified Ohio taxable income of the trust in this	141485
state, the alternative methods described in division (C) of	141486
section 5747.21 of the Revised Code may be applied in the manner	141487
and to the same extent provided in that section.	141488

(5)(a) Except as set forth in division (BB)(5)(b) of this	141489
section, "qualifying investee" means a person in which a trust has	141490
an equity or ownership interest, or a person or unit of government	141491
the debt obligations of either of which are owned by a trust. For	141492
the purposes of division (BB)(2)(a) of this section and for the	141493
purpose of computing the fraction described in division (BB)(4)(b)	141494
of this section, all of the following apply:	141495

(i) If the qualifying investee is a member of a qualifying	141496
controlled group on the last day of the qualifying investee's	141497
fiscal or calendar year ending immediately prior to the date on	141498
which the trust recognizes the gain or loss, then "qualifying	141499
investee" includes all persons in the qualifying controlled group	141500
on such last day.	141501

(ii) If the qualifying investee, or if the qualifying	141502
investee and any members of the qualifying controlled group of	141503
which the qualifying investee is a member on the last day of the	141504
qualifying investee's fiscal or calendar year ending immediately	141505
prior to the date on which the trust recognizes the gain or loss,	141506
separately or cumulatively own, directly or indirectly, on the	141507
last day of the qualifying investee's fiscal or calendar year	141508
ending immediately prior to the date on which the trust recognizes	141509
the qualifying trust amount, more than fifty per cent of the	141510
equity of a pass-through entity, then the qualifying investee and	141511
the other members are deemed to own the proportionate share of the	141512
pass-through entity's physical assets which the pass-through	141513
entity directly or indirectly owns on the last day of the	141514
pass-through entity's calendar or fiscal year ending within or	141515
with the last day of the qualifying investee's fiscal or calendar	141516
year ending immediately prior to the date on which the trust	141517
recognizes the qualifying trust amount.	141518

(iii) For the purposes of division (BB)(5)(a)(iii) of this	141519
section, "upper level pass-through entity" means a pass-through	141520
entity directly or indirectly owning any equity of another	141521
pass-through entity, and "lower level pass-through entity" means	141522
that other pass-through entity.	141523

An upper level pass-through entity, whether or not it is also	141524
a qualifying investee, is deemed to own, on the last day of the	141525
upper level pass-through entity's calendar or fiscal year, the	141526
proportionate share of the lower level pass-through entity's	141527
physical assets that the lower level pass-through entity directly	141528
or indirectly owns on the last day of the lower level pass-through	141529
entity's calendar or fiscal year ending within or with the last	141530
day of the upper level pass-through entity's fiscal or calendar	141531
year. If the upper level pass-through entity directly and	141532
indirectly owns less than fifty per cent of the equity of the	141533
lower level pass-through entity on each day of the upper level	141534
pass-through entity's calendar or fiscal year in which or with	141535
which ends the calendar or fiscal year of the lower level	141536
pass-through entity and if, based upon clear and convincing	141537
evidence, complete information about the location and cost of the	141538
physical assets of the lower pass-through entity is not available	141539
to the upper level pass-through entity, then solely for purposes	141540
of ascertaining if a gain or loss constitutes a qualifying trust	141541
amount, the upper level pass-through entity shall be deemed as	141542
owning no equity of the lower level pass-through entity for each	141543
day during the upper level pass-through entity's calendar or	141544
fiscal year in which or with which ends the lower level	141545
pass-through entity's calendar or fiscal year. Nothing in division	141546
(BB)(5)(a)(iii) of this section shall be construed to provide for	141547
any deduction or exclusion in computing any trust's Ohio taxable	141548
income.	141549

(b) With respect to a trust that is not a resident for the	141550
taxable year and with respect to a part of a trust that is not a	141551
resident for the taxable year, "qualifying investee" for that	141552
taxable year does not include a C corporation if both of the	141553
following apply:	141554

(i) During the taxable year the trust or part of the trust	141555
recognizes a gain or loss from the sale, exchange, or other	141556
disposition of equity or ownership interests in, or debt	141557
obligations of, the C corporation.	141558

(ii) Such gain or loss constitutes nonbusiness income.

141559

(6) "Available" means information is such that a person is	141560
able to learn of the information by the due date plus extensions,	141561
if any, for filing the return for the taxable year in which the	141562
trust recognizes the gain or loss.	141563

(CC) "Qualifying controlled group" has the same meaning as in	141564
section 5733.04 of the Revised Code.	141565

(DD) "Related member" has the same meaning as in section	141566
5733.042 of the Revised Code.	141567

(EE)(1) For the purposes of division (EE) of this section:

141568

(a) "Qualifying person" means any person other than a	141569
qualifying corporation.	141570

(b) "Qualifying corporation" means any person classified for	141571
federal income tax purposes as an association taxable as a	141572
corporation, except either of the following:	141573

(i) A corporation that has made an election under subchapter	141574
S, chapter one, subtitle A, of the Internal Revenue Code for its	141575
taxable year ending within, or on the last day of, the investor's	141576
taxable year;	141577

(ii) A subsidiary that is wholly owned by any corporation	141578
that has made an election under subchapter S, chapter one,	141579
subtitle A of the Internal Revenue Code for its taxable year	141580
ending within, or on the last day of, the investor's taxable year.	141581

(2) For the purposes of this chapter, unless expressly stated	141582
otherwise, no qualifying person indirectly owns any asset directly	141583
or indirectly owned by any qualifying corporation.	141584

(FF) For purposes of this chapter and Chapter 5751. of the	141585
Revised Code:	141586

(1) "Trust" does not include a qualified pre-income tax	141587
trust.	141588

(2) A "qualified pre-income tax trust" is any pre-income tax	141589
trust that makes a qualifying pre-income tax trust election as	141590
described in division (FF)(3) of this section.	141591

(3) A "qualifying pre-income tax trust election" is an	141592
election by a pre-income tax trust to subject to the tax imposed	141593
by section 5751.02 of the Revised Code the pre-income tax trust	141594
and all pass-through entities of which the trust owns or controls,	141595
directly, indirectly, or constructively through related interests,	141596
five per cent or more of the ownership or equity interests. The	141597
trustee shall notify the tax commissioner in writing of the	141598
election on or before April 15, 2006. The election, if timely	141599
made, shall be effective on and after January 1, 2006, and shall	141600
apply for all tax periods and tax years until revoked by the	141601
trustee of the trust.	141602

(4) A "pre-income tax trust" is a trust that satisfies all of	141603
the following requirements:	141604

(a) The document or instrument creating the trust was	141605
executed by the grantor before January 1, 1972;	141606

(b) The trust became irrevocable upon the creation of the	141607
trust; and	141608

(c) The grantor was domiciled in this state at the time the	141609
trust was created.	141610

(GG) "Uniformed services" has the same meaning as in 10	141611
U.S.C. 101.	141612

Sec. 5747.02. (A) For the purpose of providing revenue for	141613
the support of schools and local government functions, to provide	141614
relief to property taxpayers, to provide revenue for the general	141615
revenue fund, and to meet the expenses of administering the tax	141616
levied by this chapter, there is hereby levied on every	141617
individual, trust, and estate residing in or earning or receiving	141618
income in this state, on every individual, trust, and estate	141619
earning or receiving lottery winnings, prizes, or awards pursuant	141620
to Chapter 3770. of the Revised Code, on every individual, trust,	141621
and estate earning or receiving winnings on casino gaming, and on	141622
every individual, trust, and estate otherwise having nexus with or	141623
in this state under the Constitution of the United States, an	141624
annual tax measured in the case of individuals by Ohio adjusted	141625
gross income less an exemption for the taxpayer, the taxpayer's	141626
spouse, and each dependent as provided in section 5747.025 of the	141627
Revised Code; measured in the case of trusts by modified Ohio	141628
taxable income under division (D) of this section; and measured in	141629
the case of estates by Ohio taxable income. The tax imposed by	141630
this section on the balance thus obtained is hereby levied as	141631
follows:	141632

(1) For taxable years beginning in 2004:

141633

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141634
OR		141635
MODIFIED OHIO		141636
TAXABLE INCOME (TRUSTS)		141637
OR		141638
OHIO TAXABLE INCOME (ESTATES)	TAX	141639

$5,000 or less	.743%	141640
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	141641
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	141642
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	141643
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	141644
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	141645
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	141646
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	141647
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	141648

(2) For taxable years beginning in 2005:

141649

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141650
OR		141651
MODIFIED OHIO		141652
TAXABLE INCOME (TRUSTS)		141653
OR		141654
OHIO TAXABLE INCOME (ESTATES)	TAX	141655

$5,000 or less	.712%	141656
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	141657
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	141658
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	141659
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	141660
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	141661
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	141662
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	141663
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	141664

(3) For taxable years beginning in 2006:

141665

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141666
OR		141667
MODIFIED OHIO		141668
TAXABLE INCOME (TRUSTS)		141669
OR		141670
OHIO TAXABLE INCOME (ESTATES)	TAX	141671

$5,000 or less	.681%	141672
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	141673
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	141674
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	141675
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	141676
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	141677
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	141678
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	141679
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	141680

(4) For taxable years beginning in 2007:

141681

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141682
OR		141683
MODIFIED OHIO		141684
TAXABLE INCOME (TRUSTS)		141685
OR		141686
OHIO TAXABLE INCOME (ESTATES)	TAX	141687

$5,000 or less	.649%	141688
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	141689
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	141690
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	141691
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	141692
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	141693
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	141694
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	141695
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	141696

(5) For taxable years beginning in 2008, 2009, or 2010:

141697

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141698
OR		141699
MODIFIED OHIO		141700
TAXABLE INCOME (TRUSTS)		141701
OR		141702
OHIO TAXABLE INCOME (ESTATES)	TAX	141703

$5,000 or less	.618%	141704
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	141705
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	141706
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	141707
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	141708
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	141709
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	141710
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	141711
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	141712

(6) For taxable years beginning in 2011 or thereafter:

141713

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		141714
OR		141715
MODIFIED OHIO		141716
TAXABLE INCOME (TRUSTS)		141717
OR		141718
OHIO TAXABLE INCOME (ESTATES)	TAX	141719

$5,000 or less	.587%	141720
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	141721
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	141722
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	141723
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	141724
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	141725
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	141726
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	141727
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	141728

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	141729
commissioner shall adjust the income amounts prescribed in this	141730
division by multiplying the percentage increase in the gross	141731
domestic product deflator computed that year under section	141732
5747.025 of the Revised Code by each of the income amounts	141733
resulting from the adjustment under this division in the preceding	141734
year, adding the resulting product to the corresponding income	141735
amount resulting from the adjustment in the preceding year, and	141736
rounding the resulting sum to the nearest multiple of fifty	141737
dollars. The tax commissioner also shall recompute each of the tax	141738
dollar amounts to the extent necessary to reflect the adjustment	141739
of the income amounts. The rates of taxation shall not be	141740
adjusted.	141741

The adjusted amounts apply to taxable years beginning in the	141742
calendar year in which the adjustments are made. The tax	141743
commissioner shall not make such adjustments in any year in which	141744
the amount resulting from the adjustment would be less than the	141745
amount resulting from the adjustment in the preceding year.	141746

(B) If the director of budget and management makes a	141747
certification to the tax commissioner under division (B) of	141748
section 131.44 of the Revised Code, the amount of tax as	141749
determined under division (A) of this section shall be reduced by	141750
the percentage prescribed in that certification for taxable years	141751
beginning in the calendar year in which that certification is	141752
made.	141753

(C) The levy of this tax on income does not prevent a	141754
municipal corporation, a joint economic development zone created	141755
under section 715.691, or a joint economic development district	141756
created under section 715.70 or 715.71 or sections 715.72 to	141757
715.81 of the Revised Code from levying a tax on income.	141758

(D) This division applies only to taxable years of a trust	141759
beginning in 2002 or thereafter.	141760

(1) The tax imposed by this section on a trust shall be	141761
computed by multiplying the Ohio modified taxable income of the	141762
trust by the rates prescribed by division (A) of this section.	141763

(2) A resident trust may claim a credit against the tax	141764
computed under division (D) of this section equal to the lesser of	141765
(1) the tax paid to another state or the District of Columbia on	141766
the resident trust's modified nonbusiness income, other than the	141767
portion of the resident trust's nonbusiness income that is	141768
qualifying investment income as defined in section 5747.012 of the	141769
Revised Code, or (2) the effective tax rate, based on modified	141770
Ohio taxable income, multiplied by the resident trust's modified	141771
nonbusiness income other than the portion of the resident trust's	141772
nonbusiness income that is qualifying investment income. The	141773
credit applies before any other applicable credits.	141774

(3) The credits enumerated in divisions (A)(1) to (13) of	141775
section 5747.98 of the Revised Code do not apply to a trust	141776
subject to division (D) of this section. Any credits enumerated in	141777
other divisions of section 5747.98 of the Revised Code apply to a	141778
trust subject to division (D) of this section. To the extent that	141779
the trust distributes income for the taxable year for which a	141780
credit is available to the trust, the credit shall be shared by	141781
the trust and its beneficiaries. The tax commissioner and the	141782
trust shall be guided by applicable regulations of the United	141783
States treasury regarding the sharing of credits.	141784

(E) For the purposes of this section, "trust" means any trust	141785
described in Subchapter J of Chapter 1 of the Internal Revenue	141786
Code, excluding trusts that are not irrevocable as defined in	141787
division (I)(3)(b) of section 5747.01 of the Revised Code and that	141788
have no modified Ohio taxable income for the taxable year,	141789
charitable remainder trusts, qualified funeral trusts and preneed	141790
funeral contract trusts established pursuant to sections 4717.31	141791
to 4717.38 of the Revised Code that are not qualified funeral	141792
trusts, endowment and perpetual care trusts, qualified settlement	141793
trusts and funds, designated settlement trusts and funds, and	141794
trusts exempted from taxation under section 501(a) of the Internal	141795
Revenue Code.	141796

Sec. 5747.022. An individual subject to the tax imposed by	141797
section 5747.02 of the Revised Code may claim a credit equal to	141798
twenty dollars times the number of exemptions allowed for the	141799
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	141800
section 5747.02 of the Revised Code. The credit shall be claimed	141801
in the order required under section 5747.98 of the Revised Code.	141802
The credit shall not be considered in determining the taxes	141803
required to be withheld under section 5747.06 of the Revised Code	141804
or the estimated taxes required to be paid under section 5747.09	141805
of the Revised Code. In the case of an individual with respect to	141806
whom an exemption under section 5747.02 of the Revised Code is	141807
allowable to another taxpayer for a taxable year beginning in the	141808
calendar year in which the individual's taxable year begins, the	141809
"number of exemptions allowed" for purposes of calculating the	141810
credit allowed under this section to such individual for the	141811
individual's taxable year shall not include an exemption for the	141812
individual.	141813

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	141814
division, the personal exemption for the taxpayer and the	141815
taxpayer's spouse shall be seven hundred fifty dollars each for	141816
the taxable year beginning in 1996, eight hundred fifty dollars	141817
each for the taxable year beginning in 1997, nine hundred fifty	141818
dollars each for the taxable year beginning in 1998, and one	141819
thousand fifty dollars each for the taxable year beginning in 1999	141820
and taxable years beginning after 1999. The personal exemption	141821
amount prescribed in this division for taxable years beginning	141822
after 1999 shall be adjusted each year in the manner prescribed in	141823
division (C) of this section. In the case of an individual with	141824
respect to whom an exemption under section 5747.02 of the Revised	141825
Code is allowable to another taxpayer for a taxable year beginning	141826
in the calendar year in which the individual's taxable year	141827
begins, the exemption amount applicable to such individual for	141828
such individual's taxable year shall be zero.	141829

(B) The personal exemption for each dependent shall be eight	141830
hundred fifty dollars for the taxable year beginning in 1996, and	141831
one thousand fifty dollars for the taxable year beginning in 1997	141832
and taxable years beginning after 1997. The personal exemption	141833
amount prescribed in this division for taxable years beginning	141834
after 1999 shall be adjusted each year in the manner prescribed in	141835
division (C) of this section.	141836

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	141837
tax commissioner shall determine the percentage increase in the	141838
gross domestic product deflator determined by the bureau of	141839
economic analysis of the United States department of commerce from	141840
the first day of January of the preceding calendar year to the	141841
last day of December of the preceding year, and adjust the	141842
personal exemption amount for taxable years beginning in the	141843
current calendar year by multiplying that amount by the percentage	141844
increase in the gross domestic product deflator for that period;	141845
adding the resulting product to the personal exemption amount for	141846
taxable years beginning in the preceding calendar year; and	141847
rounding the resulting sum upward to the nearest multiple of fifty	141848
dollars. The commissioner shall not make such an adjustment in any	141849
calendar year in which the amount resulting from the adjustment	141850
would be less than the amount resulting from the adjustment in the	141851
preceding calendar year.	141852

Sec. 5747.08. An annual return with respect to the tax	141853
imposed by section 5747.02 of the Revised Code and each tax	141854
imposed under Chapter 5748. of the Revised Code shall be made by	141855
every taxpayer for any taxable year for which the taxpayer is	141856
liable for the tax imposed by that section or under that chapter,	141857
unless the total credits allowed under divisions (E), (F), and (G)	141858
of section 5747.05 of the Revised Code for the year are equal to	141859
or exceed the tax imposed by section 5747.02 of the Revised Code,	141860
in which case no return shall be required unless the taxpayer is	141861
liable for a tax imposed pursuant to Chapter 5748. of the Revised	141862
Code.	141863

(A) If an individual is deceased, any return or notice	141864
required of that individual under this chapter shall be made and	141865
filed by that decedent's executor, administrator, or other person	141866
charged with the property of that decedent.	141867

(B) If an individual is unable to make a return or notice	141868
required by this chapter, the return or notice required of that	141869
individual shall be made and filed by the individual's duly	141870
authorized agent, guardian, conservator, fiduciary, or other	141871
person charged with the care of the person or property of that	141872
individual.	141873

(C) Returns or notices required of an estate or a trust shall	141874
be made and filed by the fiduciary of the estate or trust.	141875

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	141876
of this section, any pass-through entity may file a single return	141877
on behalf of one or more of the entity's investors other than an	141878
investor that is a person subject to the tax imposed under section	141879
5733.06 of the Revised Code. The single return shall set forth the	141880
name, address, and social security number or other identifying	141881
number of each of those pass-through entity investors and shall	141882
indicate the distributive share of each of those pass-through	141883
entity investor's income taxable in this state in accordance with	141884
sections 5747.20 to 5747.231 of the Revised Code. Such	141885
pass-through entity investors for whom the pass-through entity	141886
elects to file a single return are not entitled to the exemption	141887
or credit provided for by sections 5747.02 and 5747.022 of the	141888
Revised Code; shall calculate the tax before business credits at	141889
the highest rate of tax set forth in section 5747.02 of the	141890
Revised Code for the taxable year for which the return is filed;	141891
and are entitled to only their distributive share of the business	141892
credits as defined in division (D)(2) of this section. A single	141893
check drawn by the pass-through entity shall accompany the return	141894
in full payment of the tax due, as shown on the single return, for	141895
such investors, other than investors who are persons subject to	141896
the tax imposed under section 5733.06 of the Revised Code.	141897

(b)(i) A pass-through entity shall not include in such a	141898
single return any investor that is a trust to the extent that any	141899
direct or indirect current, future, or contingent beneficiary of	141900
the trust is a person subject to the tax imposed under section	141901
5733.06 of the Revised Code.	141902

(ii) A pass-through entity shall not include in such a single	141903
return any investor that is itself a pass-through entity to the	141904
extent that any direct or indirect investor in the second	141905
pass-through entity is a person subject to the tax imposed under	141906
section 5733.06 of the Revised Code.	141907

(c) Nothing in division (D) of this section precludes the tax	141908
commissioner from requiring such investors to file the return and	141909
make the payment of taxes and related interest, penalty, and	141910
interest penalty required by this section or section 5747.02,	141911
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	141912
of this section precludes such an investor from filing the annual	141913
return under this section, utilizing the refundable credit equal	141914
to the investor's proportionate share of the tax paid by the	141915
pass-through entity on behalf of the investor under division (J)	141916
of this section, and making the payment of taxes imposed under	141917
section 5747.02 of the Revised Code. Nothing in division (D) of	141918
this section shall be construed to provide to such an investor or	141919
pass-through entity any additional deduction or credit, other than	141920
the credit provided by division (J) of this section, solely on	141921
account of the entity's filing a return in accordance with this	141922
section. Such a pass-through entity also shall make the filing and	141923
payment of estimated taxes on behalf of the pass-through entity	141924
investors other than an investor that is a person subject to the	141925
tax imposed under section 5733.06 of the Revised Code.	141926

(2) For the purposes of this section, "business credits"	141927
means the credits listed in section 5747.98 of the Revised Code	141928
excluding the following credits:	141929

(a) The retirement credit under division (B) of section	141930
5747.055 of the Revised Code;	141931

(b) The senior citizen credit under division (C) of section	141932
5747.05 of the Revised Code;	141933

(c) The lump sum distribution credit under division (D) of	141934
section 5747.05 of the Revised Code;	141935

(d) The dependent care credit under section 5747.054 of the	141936
Revised Code;	141937

(e) The lump sum retirement income credit under division (C)	141938
of section 5747.055 of the Revised Code;	141939

(f) The lump sum retirement income credit under division (D)	141940
of section 5747.055 of the Revised Code;	141941

(g) The lump sum retirement income credit under division (E)	141942
of section 5747.055 of the Revised Code;	141943

(h) The credit for displaced workers who pay for job training	141944
under section 5747.27 of the Revised Code;	141945

(i) The twenty-dollar personal exemption credit under section	141946
5747.022 of the Revised Code;	141947

(j) The joint filing credit under division (G) of section	141948
5747.05 of the Revised Code;	141949

(k) The nonresident credit under division (A) of section	141950
5747.05 of the Revised Code;	141951

(l) The credit for a resident's out-of-state income under	141952
division (B) of section 5747.05 of the Revised Code;	141953

(m) The low-income credit under section 5747.056 of the	141954
Revised Code.	141955

(3) The election provided for under division (D) of this	141956
section applies only to the taxable year for which the election is	141957
made by the pass-through entity. Unless the tax commissioner	141958
provides otherwise, this election, once made, is binding and	141959
irrevocable for the taxable year for which the election is made.	141960
Nothing in this division shall be construed to provide for any	141961
deduction or credit that would not be allowable if a nonresident	141962
pass-through entity investor were to file an annual return.	141963

(4) If a pass-through entity makes the election provided for	141964
under division (D) of this section, the pass-through entity shall	141965
be liable for any additional taxes, interest, interest penalty, or	141966
penalties imposed by this chapter if the tax commissioner finds	141967
that the single return does not reflect the correct tax due by the	141968
pass-through entity investors covered by that return. Nothing in	141969
this division shall be construed to limit or alter the liability,	141970
if any, imposed on pass-through entity investors for unpaid or	141971
underpaid taxes, interest, interest penalty, or penalties as a	141972
result of the pass-through entity's making the election provided	141973
for under division (D) of this section. For the purposes of	141974
division (D) of this section, "correct tax due" means the tax that	141975
would have been paid by the pass-through entity had the single	141976
return been filed in a manner reflecting the commissioner's	141977
findings. Nothing in division (D) of this section shall be	141978
construed to make or hold a pass-through entity liable for tax	141979
attributable to a pass-through entity investor's income from a	141980
source other than the pass-through entity electing to file the	141981
single return.	141982

(E) If a husband and wife file a joint federal income tax	141983
return for a taxable year, they shall file a joint return under	141984
this section for that taxable year, and their liabilities are	141985
joint and several, but, if the federal income tax liability of	141986
either spouse is determined on a separate federal income tax	141987
return, they shall file separate returns under this section.	141988

If either spouse is not required to file a federal income tax	141989
return and either or both are required to file a return pursuant	141990
to this chapter, they may elect to file separate or joint returns,	141991
and, pursuant to that election, their liabilities are separate or	141992
joint and several. If a husband and wife file separate returns	141993
pursuant to this chapter, each must claim the taxpayer's own	141994
exemption, but not both, as authorized under section 5747.02 of	141995
the Revised Code on the taxpayer's own return.	141996

(F) Each return or notice required to be filed under this	141997
section shall contain the signature of the taxpayer or the	141998
taxpayer's duly authorized agent and of the person who prepared	141999
the return for the taxpayer, and shall include the taxpayer's	142000
social security number. Each return shall be verified by a	142001
declaration under the penalties of perjury. The tax commissioner	142002
shall prescribe the form that the signature and declaration shall	142003
take.	142004

(G) Each return or notice required to be filed under this	142005
section shall be made and filed as required by section 5747.04 of	142006
the Revised Code, on or before the fifteenth day of April of each	142007
year, on forms that the tax commissioner shall prescribe, together	142008
with remittance made payable to the treasurer of state in the	142009
combined amount of the state and all school district income taxes	142010
shown to be due on the form~~, unless the combined amount shown to~~	142011
~~be due is one dollar or less, in which case that amount need not~~	142012
~~be remitted~~.	142013

Upon good cause shown, the commissioner may extend the period	142014
for filing any notice or return required to be filed under this	142015
section and may adopt rules relating to extensions. If the	142016
extension results in an extension of time for the payment of any	142017
state or school district income tax liability with respect to	142018
which the return is filed, the taxpayer shall pay at the time the	142019
tax liability is paid an amount of interest computed at the rate	142020
per annum prescribed by section 5703.47 of the Revised Code on	142021
that liability from the time that payment is due without extension	142022
to the time of actual payment. Except as provided in section	142023
5747.132 of the Revised Code, in addition to all other interest	142024
charges and penalties, all taxes imposed under this chapter or	142025
Chapter 5748. of the Revised Code and remaining unpaid after they	142026
become due, except combined amounts due of one dollar or less,	142027
bear interest at the rate per annum prescribed by section 5703.47	142028
of the Revised Code until paid or until the day an assessment is	142029
issued under section 5747.13 of the Revised Code, whichever occurs	142030
first.	142031

If the commissioner considers it necessary in order to ensure	142032
the payment of the tax imposed by section 5747.02 of the Revised	142033
Code or any tax imposed under Chapter 5748. of the Revised Code,	142034
the commissioner may require returns and payments to be made	142035
otherwise than as provided in this section.	142036

To the extent that any provision in this division conflicts	142037
with any provision in section 5747.026 of the Revised Code, the	142038
provision in that section prevails.	142039

(H) If any report, claim, statement, or other document	142040
required to be filed, or any payment required to be made, within a	142041
prescribed period or on or before a prescribed date under this	142042
chapter is delivered after that period or that date by United	142043
States mail to the agency, officer, or office with which the	142044
report, claim, statement, or other document is required to be	142045
filed, or to which the payment is required to be made, the date of	142046
the postmark stamped on the cover in which the report, claim,	142047
statement, or other document, or payment is mailed shall be deemed	142048
to be the date of delivery or the date of payment.	142049

If a payment is required to be made by electronic funds	142050
transfer pursuant to section 5747.072 of the Revised Code, the	142051
payment is considered to be made when the payment is received by	142052
the treasurer of state or credited to an account designated by the	142053
treasurer of state for the receipt of tax payments.	142054

"The date of the postmark" means, in the event there is more	142055
than one date on the cover, the earliest date imprinted on the	142056
cover by the United States postal service.	142057

(I) The amounts withheld by an employer pursuant to section	142058
5747.06 of the Revised Code, a casino operator pursuant to section	142059
5747.063 of the Revised Code, or a lottery sales agent pursuant to	142060
section 5747.064 of the Revised Code shall be allowed to the	142061
recipient of the compensation casino winnings, or lottery prize	142062
award as credits against payment of the appropriate taxes imposed	142063
on the recipient by section 5747.02 and under Chapter 5748. of the	142064
Revised Code.	142065

(J) If~~, in accordance with division (D) of this section,~~ a	142066
pass-through entity elects to file a single return under division	142067
(D) of this section and if any investor is required to file the	142068
annual return and make the payment of taxes required by this	142069
chapter on account of the investor's other income that is not	142070
included in a single return filed by a pass-through entity or any	142071
other investor elects to file the annual return, the investor is	142072
entitled to a refundable credit equal to the investor's	142073
proportionate share of the tax paid by the pass-through entity on	142074
behalf of the investor. The investor shall claim the credit for	142075
the investor's taxable year in which or with which ends the	142076
taxable year of the pass-through entity. Nothing in this chapter	142077
shall be construed to allow any credit provided in this chapter to	142078
be claimed more than once. For the ~~purposes~~purpose of computing	142079
any interest, penalty, or interest penalty, the investor shall be	142080
deemed to have paid the refundable credit provided by this	142081
division on the day that the pass-through entity paid the	142082
estimated tax or the tax giving rise to the credit.	142083

(K) The tax commissioner shall ensure that each return	142084
required to be filed under this section includes a box that the	142085
taxpayer may check to authorize a paid tax preparer who prepared	142086
the return to communicate with the department of taxation about	142087
matters pertaining to the return. The return or instructions	142088
accompanying the return shall indicate that by checking the box	142089
the taxpayer authorizes the department of taxation to contact the	142090
preparer concerning questions that arise during the processing of	142091
the return and authorizes the preparer only to provide the	142092
department with information that is missing from the return, to	142093
contact the department for information about the processing of the	142094
return or the status of the taxpayer's refund or payments, and to	142095
respond to notices about mathematical errors, offsets, or return	142096
preparation that the taxpayer has received from the department and	142097
has shown to the preparer.	142098

(L) The tax commissioner shall permit individual taxpayers to	142099
instruct the department of taxation to cause any refund of	142100
overpaid taxes to be deposited directly into a checking account,	142101
savings account, or an individual retirement account or individual	142102
retirement annuity, or preexisting college savings plan or program	142103
account offered by the Ohio tuition trust authority under Chapter	142104
3334. of the Revised Code, as designated by the taxpayer, when the	142105
taxpayer files the annual return required by this section	142106
electronically.	142107

(M) The tax commissioner may adopt rules to administer this	142108
section.	142109

Sec. 5747.10. If any of the facts, figures, computations, or	142110
attachments required in a taxpayer's annual return to determine	142111
the tax charged by this chapter or Chapter 5748. of the Revised	142112
Code must be altered as the result of an adjustment to the	142113
taxpayer's federal income tax return, whether initiated by the	142114
taxpayer or the internal revenue service, and such alteration	142115
affects the taxpayer's tax liability under this chapter or Chapter	142116
5748. of the Revised Code, the taxpayer shall file an amended	142117
return with the tax commissioner in such form as the commissioner	142118
requires. The amended return shall be filed not later than sixty	142119
days after the adjustment has been agreed to or finally determined	142120
for federal income tax purposes or any federal income tax	142121
deficiency or refund, or the abatement or credit resulting	142122
therefrom, has been assessed or paid, whichever occurs first.	142123

(A) In the case of an underpayment, the amended return shall	142124
be accompanied by payment of any combined additional tax due	142125
together with interest thereon. ~~If the combined tax shown to be~~	142126
~~due is one dollar or less, such amount need not accompany the~~	142127
~~amended return.~~ An amended return required by this section is a	142128
return subject to assessment under section 5747.13 of the Revised	142129
Code for the purpose of assessing any additional tax due under	142130
this section, together with any applicable penalty and interest.	142131
It shall not reopen those facts, figures, computations, or	142132
attachments from a previously filed return no longer subject to	142133
assessment that are not affected, either directly or indirectly,	142134
by the adjustment to the taxpayer's federal income tax return.	142135

(B) In the case of an overpayment, an application for refund	142136
may be filed under this division within the sixty-day period	142137
prescribed for filing the amended return even if it is filed	142138
beyond the period prescribed in section 5747.11 of the Revised	142139
Code if it otherwise conforms to the requirements of such section.	142140
An application filed under this division shall claim refund of	142141
overpayments resulting from alterations to only those facts,	142142
figures, computations, or attachments required in the taxpayer's	142143
annual return that are affected, either directly or indirectly, by	142144
the adjustment to the taxpayer's federal income tax return unless	142145
it is also filed within the time prescribed in section 5747.11 of	142146
the Revised Code. It shall not reopen those facts, figures,	142147
computations, or attachments that are not affected, either	142148
directly or indirectly, by the adjustment to the taxpayer's	142149
federal income tax return.	142150

Sec. 5747.11. (A) The tax commissioner shall refund to	142151
employers, qualifying entities, or taxpayers~~, with respect to any~~	142152
subject to a tax imposed under section 5733.41, 5747.02, or	142153
5747.41, or Chapter 5748. of the Revised Code:	142154

~~(1) Overpayments of more than one dollar;~~

142155

~~(2) Amounts in excess of one dollar paid illegally or~~	142156
~~erroneously;~~	142157

~~(3) Amounts in excess of one dollar paid on an illegal,~~	142158
~~erroneous, or excessive assessment~~the amount of any overpayment	142159
of such tax.	142160

(B) Except as otherwise provided under divisions (D) and (E)	142161
of this section, applications for refund shall be filed with the	142162
tax commissioner, on the form prescribed by the commissioner,	142163
within four years from the date of the illegal, erroneous, or	142164
excessive payment of the tax, or within any additional period	142165
allowed by division (B)(3)(b) of section 5747.05, division (B) of	142166
section 5747.10, division (A) of section 5747.13, or division (C)	142167
of section 5747.45 of the Revised Code.	142168

On filing of the refund application, the commissioner shall	142169
determine the amount of refund due and, if that amount exceeds one	142170
dollar, certify such amount to the director of budget and	142171
management and treasurer of state for payment from the tax refund	142172
fund created by section 5703.052 of the Revised Code. Payment	142173
shall be made as provided in division (C) of section 126.35 of the	142174
Revised Code.	142175

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	142176
~~erroneous assessment in excess of one dollar in respect of the tax~~	142177
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	142178
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	142179
~~Code from the date of the payment of the illegal or erroneous~~	142180
~~assessment until the date the refund of such amount is paid. If~~	142181
~~such refund results from the filing of a return or report, or the~~	142182
~~payment accompanying such return or report, by an employer or~~	142183
~~taxpayer, rather than from an assessment by the commissioner, such~~	142184
~~interest shall run from a period ninety days after the final~~	142185
~~filing date of the annual return until the date the refund is~~	142186
~~paid.~~	142187

~~(2)~~ Interest shall be allowed and paid at the rate per annum	142188
prescribed by section 5703.47 of the Revised Code ~~upon any~~	142189
~~overpayment in excess of one dollar in respect of~~on amounts	142190
refunded with respect to the tax imposed under section 5747.02 or	142191
Chapter 5748. of the Revised Code from the date of the overpayment	142192
until the date of the refund of the overpayment, except that if	142193
any overpayment is refunded within ninety days after the final	142194
filing date of the annual return or ninety days after the return	142195
is filed, whichever is later, no interest shall be allowed on such	142196
overpayment. If the overpayment results from the carryback of a	142197
net operating loss or net capital loss to a previous taxable year,	142198
the overpayment is deemed not to have been made prior to the	142199
filing date, including any extension thereof, for the taxable year	142200
in which the net operating loss or net capital loss arises. For	142201
purposes of the payment of interest on overpayments, no amount of	142202
tax, for any taxable year, shall be treated as having been paid	142203
before the date on which the tax return for that year was due	142204
without regard to any extension of time for filing such return.	142205

~~(3)~~(2) Interest shall be allowed at the rate per annum	142206
prescribed by section 5703.47 of the Revised Code on amounts	142207
refunded with respect to the taxes imposed under sections 5733.41	142208
and 5747.41 of the Revised Code. The interest shall run from	142209
whichever of the following days is the latest until the day the	142210
refund is paid: the day the illegal, erroneous, or excessive	142211
payment was made; the ninetieth day after the final day the annual	142212
report was required to be filed under section 5747.42 of the	142213
Revised Code; or the ninetieth day after the day that report was	142214
filed.	142215

(D) "Ninety days" shall be substituted for "four years" in	142216
division (B) of this section if the taxpayer satisfies both of the	142217
following conditions:	142218

(1) The taxpayer has applied for a refund based in whole or	142219
in part upon section 5747.059 of the Revised Code;	142220

(2) The taxpayer asserts that either the imposition or	142221
collection of the tax imposed or charged by this chapter or any	142222
portion of such tax violates the Constitution of the United States	142223
or the Constitution of Ohio.	142224

(E)(1) Division (E)(2) of this section applies only if all of	142225
the following conditions are satisfied:	142226

(a) A qualifying entity pays an amount of the tax imposed by	142227
section 5733.41 or 5747.41 of the Revised Code;	142228

(b) The taxpayer is a qualifying investor as to that	142229
qualifying entity;	142230

(c) The taxpayer did not claim the credit provided for in	142231
section 5747.059 of the Revised Code as to the tax described in	142232
division (E)(1)(a) of this section;	142233

(d) The four-year period described in division (B) of this	142234
section has ended as to the taxable year for which the taxpayer	142235
otherwise would have claimed that credit.	142236

(2) A taxpayer shall file an application for refund pursuant	142237
to division (E) of this section within one year after the date the	142238
payment described in division (E)(1)(a) of this section is made.	142239
An application filed under division (E)(2) of this section shall	142240
claim refund only of overpayments resulting from the taxpayer's	142241
failure to claim the credit described in division (E)(1)(c) of	142242
this section. Nothing in division (E) of this section shall be	142243
construed to relieve a taxpayer from complying with division	142244
(A)(16) of section 5747.01 of the Revised Code.	142245

Sec. 5747.113. (A) Any taxpayer claiming a refund under	142246
section 5747.11 of the Revised Code who wishes to contribute any	142247
part of the taxpayer's refund to the natural areas and preserves	142248
fund created in section 1517.11 of the Revised Code, the nongame	142249
and endangered wildlife fund created in section 1531.26 of the	142250
Revised Code, the military injury relief fund created in section	142251
5101.98 of the Revised Code, the Ohio historical society income	142252
tax contribution fund created in section 149.308 of the Revised	142253
Code, or all of those funds may designate on the taxpayer's income	142254
tax return the amount that the taxpayer wishes to contribute to	142255
the fund or funds. A designated contribution is irrevocable upon	142256
the filing of the return and shall be made in the full amount	142257
designated if the refund found due the taxpayer upon the initial	142258
processing of the taxpayer's return, after any deductions	142259
including those required by section 5747.12 of the Revised Code,	142260
is greater than or equal to the designated contribution. If the	142261
refund due as initially determined is less than the designated	142262
contribution, the contribution shall be made in the full amount of	142263
the refund. The tax commissioner shall subtract the amount of the	142264
contribution from the amount of the refund initially found due the	142265
taxpayer and shall certify the difference to the director of	142266
budget and management and treasurer of state for payment to the	142267
taxpayer in accordance with section 5747.11 of the Revised Code.	142268
For the purpose of any subsequent determination of the taxpayer's	142269
net tax payment, the contribution shall be considered a part of	142270
the refund paid to the taxpayer.	142271

(B) The tax commissioner shall provide a space on the income	142272
tax return form in which a taxpayer may indicate that the taxpayer	142273
wishes to make a donation in accordance with this section. The tax	142274
commissioner shall also print in the instructions accompanying the	142275
income tax return form a description of the purposes for which the	142276
natural areas and preserves fund, the nongame and endangered	142277
wildlife fund, the military injury relief fund, and the Ohio	142278
historical society income tax contribution fund were created and	142279
the use of moneys from the income tax refund contribution system	142280
established in this section. No person shall designate on the	142281
person's income tax return any part of a refund claimed under	142282
section 5747.11 of the Revised Code as a contribution to any fund	142283
other than the natural areas and preserves fund, the nongame and	142284
endangered wildlife fund, the military injury relief fund, or the	142285
Ohio historical society income tax contribution fund.	142286

(C) The money collected under the income tax refund	142287
contribution system established in this section shall be deposited	142288
by the tax commissioner into the natural areas and preserves fund,	142289
the nongame and endangered wildlife fund, the military injury	142290
relief fund, and the Ohio historical society income tax	142291
contribution fund in the amounts designated on the tax returns.	142292

(D) No later than the thirtieth day of September each year,	142293
the tax commissioner shall determine the total amount contributed	142294
to each fund under this section during the preceding eight months,	142295
any adjustments to prior months, and the cost to the department of	142296
taxation of administering the income tax refund contribution	142297
system during that eight-month period. The commissioner shall make	142298
an additional determination no later than the thirty-first day of	142299
January of each year of the total amount contributed to each fund	142300
under this section during the preceding four calendar months, any	142301
adjustments to prior years made during that four-month period, and	142302
the cost to the department of taxation of administering the income	142303
tax contribution system during that period. The cost of	142304
administering the income tax contribution system shall be	142305
certified by the tax commissioner to the director of budget and	142306
management, who shall transfer an amount equal to one-fourth of	142307
such administrative costs from the natural areas and preserves	142308
fund, one-fourth of such costs from the nongame and endangered	142309
wildlife fund, one-fourth of such costs from the military injury	142310
relief fund, and one-fourth of such costs from the Ohio historical	142311
society income tax contribution fund to the ~~litter control and~~	142312
~~natural resource~~income tax ~~administration~~contribution fund,	142313
which is hereby created, provided that the moneys that the	142314
department receives to pay the cost of administering the income	142315
tax refund contribution system in any year shall not exceed two	142316
and one-half per cent of the total amount contributed under that	142317
system during that year.	142318

(E)(1) The director of natural resources, in January of every	142319
odd-numbered year, shall report to the general assembly on the	142320
effectiveness of the income tax refund contribution system as it	142321
pertains to the natural areas and preserves fund and the nongame	142322
and endangered wildlife fund. The report shall include the amount	142323
of money contributed to each fund in each of the previous five	142324
years, the amount of money contributed directly to each fund in	142325
addition to or independently of the income tax refund contribution	142326
system in each of the previous five years, and the purposes for	142327
which the money was expended.	142328

(2) The director of job and family services and the director	142329
of the Ohio historical society, in January of every odd-numbered	142330
year, each shall report to the general assembly on the	142331
effectiveness of the income tax refund contribution system as it	142332
pertains to the military injury relief fund and the Ohio	142333
historical society income tax contribution fund, respectively. The	142334
report shall include the amount of money contributed to the fund	142335
in each of the previous five years, the amount of money	142336
contributed directly to the fund in addition to or independently	142337
of the income tax refund contribution system in each of the	142338
previous five years, and the purposes for which the money was	142339
expended.	142340

Sec. 5747.122. (A) The tax commissioner, in accordance with	142341
section 5101.184 of the Revised Code, shall cooperate with the	142342
director of job and family services to collect overpayments of	142343
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	142344
5113., or section 5101.54 of the Revised Code from refunds of	142345
state income taxes for taxable year 1992 and thereafter that are	142346
payable to the recipients of such overpayments.	142347

(B) At the request of the department of job and family	142348
services in connection with the collection of an overpayment of	142349
assistance from a refund of state income taxes pursuant to this	142350
section and section 5101.184 of the Revised Code, the tax	142351
commissioner shall release to the department the home address and	142352
social security number of any recipient of assistance whose	142353
overpayment may be collected from a refund of state income taxes	142354
under those sections.	142355

(C) In the case of a joint income tax return for two people	142356
who were not married to each other at the time one of them	142357
received an overpayment of assistance, only the portion of a	142358
refund that is due to the recipient of the overpayment shall be	142359
available for collection of the overpayment under this section and	142360
section 5101.184 of the Revised Code. The tax commissioner shall	142361
determine such portion. A recipient's spouse who objects to the	142362
portion as determined by the commissioner may file a complaint	142363
with the commissioner within twenty-one days after receiving	142364
notice of the collection, and the commissioner shall afford the	142365
spouse an opportunity to be heard on the complaint. The	142366
commissioner shall waive or extend the twenty-one-day period if	142367
the recipient's spouse establishes that such action is necessary	142368
to avoid unjust, unfair, or unreasonable results. After the	142369
hearing, the commissioner shall make a final determination of the	142370
portion of the refund available for collection of the overpayment.	142371

(D) The welfare overpayment intercept fund is hereby created	142372
in the state treasury. The tax commissioner shall deposit amounts	142373
collected from income tax refunds under this section to the credit	142374
of the welfare overpayment intercept fund. The director of job and	142375
family services shall distribute money in the fund in accordance	142376
with appropriate federal or state laws and procedures regarding	142377
collection of welfare overpayments.	142378

Sec. 5747.13. (A) If any employer collects the tax imposed	142379
by section 5747.02 or under Chapter 5748. of the Revised Code and	142380
fails to remit the tax as required by law, or fails to collect the	142381
tax, the employer is personally liable for any amount collected	142382
that the employer fails to remit, or any amount that the employer	142383
fails to collect. If any taxpayer fails to file a return or fails	142384
to pay the tax imposed by section 5747.02 or under Chapter 5748.	142385
of the Revised Code, the taxpayer is personally liable for the	142386
amount of the tax.	142387

If any employer, taxpayer, or qualifying entity required to	142388
file a return under this chapter fails to file the return within	142389
the time prescribed, files an incorrect return, fails to remit the	142390
full amount of the taxes due for the period covered by the return,	142391
or fails to remit any additional tax due as a result of a	142392
reduction in the amount of the credit allowed under division (B)	142393
of section 5747.05 of the Revised Code together with interest on	142394
the additional tax within the time prescribed by that division,	142395
the tax commissioner may make an assessment against any person	142396
liable for any deficiency for the period for which the return is	142397
or taxes are due, based upon any information in the commissioner's	142398
possession.	142399

An assessment issued against either the employer or the	142400
taxpayer pursuant to this section shall not be considered an	142401
election of remedies or a bar to an assessment against the other	142402
for failure to report or pay the same tax. No assessment shall be	142403
issued against any person if the tax actually has been paid by	142404
another.	142405

No assessment shall be made or issued against an employer,	142406
taxpayer, or qualifying entity more than four years after the	142407
final date the return subject to assessment was required to be	142408
filed or the date the return was filed, whichever is later.	142409
However, the commissioner may assess any balance due as the result	142410
of a reduction in the credit allowed under division (B) of section	142411
5747.05 of the Revised Code, including applicable penalty and	142412
interest, within four years of the date on which the taxpayer	142413
reports a change in either the portion of the taxpayer's adjusted	142414
gross income subjected to an income tax or tax measured by income	142415
in another state or the District of Columbia, or the amount of	142416
liability for an income tax or tax measured by income to another	142417
state or the District of Columbia, as required by division (B)(3)	142418
of section 5747.05 of the Revised Code. Such time limits may be	142419
extended if both the employer, taxpayer, or qualifying entity and	142420
the commissioner consent in writing to the extension or if an	142421
agreement waiving or extending the time limits has been entered	142422
into pursuant to section 122.171 of the Revised Code. Any such	142423
extension shall extend the four-year time limit in division (B) of	142424
section 5747.11 of the Revised Code for the same period of time.	142425
There shall be no bar or limit to an assessment against an	142426
employer for taxes withheld from employees and not remitted to the	142427
state, against an employer, taxpayer, or qualifying entity that	142428
fails to file a return subject to assessment as required by this	142429
chapter, or against an employer, taxpayer, or qualifying entity	142430
that files a fraudulent return.	142431

The commissioner shall give the party assessed written notice	142432
of the assessment in the manner provided in section 5703.37 of the	142433
Revised Code. With the notice, the commissioner shall provide	142434
instructions on how to petition for reassessment and request a	142435
hearing on the petition.	142436

(B) Unless the party assessed files with the tax commissioner	142437
within sixty days after service of the notice of assessment,	142438
either personally or by certified mail, a written petition for	142439
reassessment, signed by the party assessed or that party's	142440
authorized agent having knowledge of the facts, the assessment	142441
becomes final, and the amount of the assessment is due and payable	142442
from the party assessed to the commissioner with remittance made	142443
payable to the treasurer of state. The petition shall indicate the	142444
objections of the party assessed, but additional objections may be	142445
raised in writing if received by the commissioner prior to the	142446
date shown on the final determination. If the petition has been	142447
properly filed, the commissioner shall proceed under section	142448
5703.60 of the Revised Code.	142449

(C) After an assessment becomes final, if any portion of the	142450
assessment remains unpaid, including accrued interest, a certified	142451
copy of the tax commissioner's entry making the assessment final	142452
may be filed in the office of the clerk of the court of common	142453
pleas in the county in which the employer's, taxpayer's, or	142454
qualifying entity's place of business is located or the county in	142455
which the party assessed resides. If the party assessed is not a	142456
resident of this state, the certified copy of the entry may be	142457
filed in the office of the clerk of the court of common pleas of	142458
Franklin county.	142459

Immediately upon the filing of the entry, the clerk shall	142460
enter a judgment against the party assessed in the amount shown on	142461
the entry. The judgment shall be filed by the clerk in one of two	142462
loose-leaf books, one entitled "special judgments for state and	142463
school district income taxes," and the other entitled "special	142464
judgments for qualifying entity taxes." The judgment shall have	142465
the same effect as other judgments. Execution shall issue upon the	142466
judgment upon the request of the tax commissioner, and all laws	142467
applicable to sales on execution shall apply to sales made under	142468
the judgment.	142469

~~The portion of~~If the assessment is not paid in its entirety	142470
within sixty days after the assessment was issued, the portion of	142471
the assessment consisting of tax due shall bear interest at the	142472
rate per annum prescribed by section 5703.47 of the Revised Code	142473
from the day the tax commissioner issues the assessment until it	142474
is paid or until it is certified to the attorney general for	142475
collection under section 131.02 of the Revised Code, whichever	142476
comes first. If the unpaid portion of the assessment is certified	142477
to the attorney general for collection, the entire unpaid portion	142478
of the assessment shall bear interest at the rate per annum	142479
prescribed by section 5703.47 of the Revised Code from the date of	142480
certification until the date it is paid in its entirety. Interest	142481
shall be paid in the same manner as the tax and may be collected	142482
by the issuance of an assessment under this section.	142483

(D) All money collected under this section shall be	142484
considered as revenue arising from the taxes imposed by this	142485
chapter or Chapter 5733. or 5748. of the Revised Code, as	142486
appropriate.	142487

(E) If the party assessed files a petition for reassessment	142488
under division (B) of this section, the person, on or before the	142489
last day the petition may be filed, shall pay the assessed amount,	142490
including assessed interest and assessed penalties, if any of the	142491
following conditions exists:	142492

(1) The person files a tax return reporting Ohio adjusted	142493
gross income, less the exemptions allowed by section 5747.025 of	142494
the Revised Code, in an amount less than one cent, and the	142495
reported amount is not based on the computations required under	142496
division (A) of section 5747.01 or section 5747.025 of the Revised	142497
Code.	142498

(2) The person files a tax return that the tax commissioner	142499
determines to be incomplete, false, fraudulent, or frivolous.	142500

(3) The person fails to file a tax return, and the basis for	142501
this failure is not either of the following:	142502

(a) An assertion that the person has no nexus with this	142503
state;	142504

(b) The computations required under division (A) of section	142505
5747.01 of the Revised Code or the application of credits allowed	142506
under this chapter has the result that the person's tax liability	142507
is less than one dollar and one cent.	142508

(F) Notwithstanding the fact that a petition for reassessment	142509
is pending, the petitioner may pay all or a portion of the	142510
assessment that is the subject of the petition. The acceptance of	142511
a payment by the treasurer of state does not prejudice any claim	142512
for refund upon final determination of the petition.	142513

If upon final determination of the petition an error in the	142514
assessment is corrected by the tax commissioner, upon petition so	142515
filed or pursuant to a decision of the board of tax appeals or any	142516
court to which the determination or decision has been appealed, so	142517
that the amount due from the party assessed under the corrected	142518
assessment is less than the portion paid, there shall be issued to	142519
the petitioner or to the petitioner's assigns or legal	142520
representative a refund in the amount of the overpayment as	142521
provided by section 5747.11 of the Revised Code, with interest on	142522
that amount as provided by such section, subject to section	142523
5747.12 of the Revised Code.	142524

Sec. 5747.21. (A) This section applies solely for the	142525
purposes of computing the credit allowed under division (A) of	142526
section 5747.05 of the Revised Code, computing income taxable in	142527
this state under division (D) of section 5747.08 of the Revised	142528
Code, computing the deduction under division (A)(32) of section	142529
5747.01 of the Revised Code, and computing the credit allowed	142530
under section 5747.057 of the Revised Code.	142531

(B) Except as otherwise provided under ~~sections 5747.211 and~~	142532
section 5747.212 of the Revised Code, all items of business income	142533
and business deduction shall be apportioned to this state by	142534
multiplying the adjusted gross income by the fraction calculated	142535
under division (B)(2) of section 5733.05 and section 5733.057 of	142536
the Revised Code as if the taxpayer's business were a corporation	142537
subject to the tax imposed by section 5733.06 of the Revised Code.	142538

(C) If the allocation and apportionment provisions of	142539
sections 5747.20 to 5747.23 of the Revised Code or of any rule	142540
adopted by the tax commissioner, do not fairly represent the	142541
extent of business activity in this state of a taxpayer or	142542
pass-through entity, the taxpayer or pass-through entity may	142543
request, which request must be in writing accompanying ~~the~~a	142544
timely filed return or timely filed amended return, or the tax	142545
commissioner may require, in respect of all or any part of the	142546
business activity, if reasonable, any one or more of the	142547
following:	142548

(1) Separate accounting;

142549

(2) The exclusion of one or more factors;

142550

(3) The inclusion of one or more additional factors which	142551
will fairly represent the business activity in this state;	142552

(4) The employment of any other method to effectuate an	142553
equitable allocation and apportionment of such business in this	142554
state. An alternative method will be effective only with approval	142555
of the tax commissioner.	142556

The tax commissioner may adopt rules in the manner provided	142557
by sections 5703.14 and 5747.18 of the Revised Code providing for	142558
alternative methods of calculating business income and nonbusiness	142559
income applicable to all taxpayers and pass-through entities, to	142560
classes of taxpayers and pass-through entities, or only to	142561
taxpayers and pass-through entities within a certain industry.	142562

Sec. 5747.22. (A) This section applies solely for the	142563
purposes of computing the credit allowed under division (A) of	142564
section 5747.05 ~~of the Revised Code and~~, computing income taxable	142565
in this state under division (D) of section 5747.08, and computing	142566
the deduction under division (A)(32) of section 5747.01 of the	142567
Revised Code.	142568

(B) With respect to a pass-through entity, one or more of the	142569
pass-through entity investors of which are liable for the tax	142570
imposed by section 5747.02 of the Revised Code, the business	142571
income and deductions included in the adjusted gross income of the	142572
pass-through entity shall be apportioned to this state in the	142573
hands of the pass-through entity investors pursuant to section	142574
5747.21 of the Revised Code. The business income and deductions as	142575
thus apportioned to this state then shall be allocated to the	142576
pass-through entity investors in proportion to their right to	142577
share in that business income.	142578

(C) With respect to a pass-through entity described in	142579
division (B) of this section, the nonbusiness income and	142580
deductions included in the adjusted gross income of the	142581
pass-through entity shall be allocated to the pass-through entity	142582
investors in proportion to their right to share in the nonbusiness	142583
income, and then the pass-through entity shares shall be allocated	142584
to this state in the hands of each pass-through entity investor	142585
pursuant to section 5747.20 of the Revised Code.	142586

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	142587
July of each year, the tax commissioner shall estimate and certify	142588
the following for each county to its county auditor:	142589

(a) Its guaranteed share of the ensuing year's fund balance;

142590

(b) Its share of the excess of the ensuing year's fund	142591
balance;	142592

142593

(2) In December and in June following such estimations and	142594
certifications, the commissioner shall revise such estimates and	142595
certify such revised estimates to the respective county auditors.	142596

(B) By the tenth day of each month the commissioner shall	142597
distribute the amount credited to the public library fund in the	142598
current month under section 131.51 of the Revised Code. The	142599
distributions shall be made as follows:	142600

(1) During the first six months of each year, each county	142601
shall be paid a percentage of the balance that is the same per	142602
cent that the revised estimate of the county's total entitlement	142603
certified in December under division (A)(2) of this section is of	142604
the sum of such revised estimates of the total entitlements for	142605
all counties.	142606

(2) During the last six months, each county shall be paid a	142607
percentage of the balance that is the same per cent that the	142608
revised estimate of the county's total entitlement certified in	142609
June under division (A)(2) of this section is of the sum of such	142610
revised estimates of the total entitlements for all counties.	142611

(3) During each of the first six months of each year, the	142612
payments made to each county shall be adjusted as follows:	142613

(a) If the county received an overpayment during the	142614
preceding distribution year, reduce the sum of the payments by the	142615
amount of such overpayment. The reduction shall be apportioned	142616
over the six months.	142617

(b) If the county received an underpayment during the	142618
preceding distribution year, increase the sum of the payments by	142619
the amount of such underpayment. The increase shall be apportioned	142620
over the six months.	142621

(C) By the twentieth day of December of each year, the tax	142622
commissioner shall determine and certify to the auditor of each	142623
county each of the following with respect to the current	142624
distribution year:	142625

(1) The year's fund balance;

142626

(2) Each county's guaranteed share;

142627

(3) Each county's share of the excess;

142628

(4) Each county's total entitlement;

142629

(5) Each county's net distribution;

142630

(6) The amount by which each county's net distribution	142631
exceeded or was less than its total entitlement, which amount	142632
shall constitute the county's overpayment or underpayment for	142633
purposes of division (B)(3) of this section in the ensuing	142634
distribution year.	142635

Sec. 5747.501. (A) On or before the twenty-fifth day of July	142636
of each year, the tax commissioner shall estimate and certify to	142637
each county auditor the amount to be distributed from the local	142638
government fund to each undivided local government fund during the	142639
following calendar year under section 5747.50 of the Revised Code.	142640
The estimate shall equal the sum of the separate amounts computed	142641
under divisions (B)(1) and (2) of this section.	142642

(B)(1) The product obtained by multiplying the percentage	142643
described in division (B)(1)(a) of this section by the amount	142644
described in division (B)(1)(b) of this section.	142645

(a) Each county's proportionate share of the total amount	142646
distributed to the counties from the local government fund and the	142647
local government revenue assistance fund during calendar year	142648
2007. In fiscal year 2014 and thereafter, the amount distributed	142649
to any county undivided local government fund shall be an amount	142650
not less than seven hundred fifty thousand dollars or the amount	142651
distributed to such fund in fiscal year 2013, whichever amount is	142652
smaller. To the extent necessary to implement this minimum	142653
distribution requirement, the proportionate shares computed under	142654
this division shall be adjusted accordingly.	142655

(b) The total amount distributed to counties from the local	142656
government fund and the local government revenue assistance fund	142657
during calendar year 2007 adjusted downward if, and to the extent	142658
that, total local government fund distributions to counties for	142659
the following year are projected to be less than what was	142660
distributed to counties from the local government fund and local	142661
government revenue assistance fund during calendar year 2007.	142662

(2) The product obtained by multiplying the percentage	142663
described in division (B)(2)(a) of this section by the amount	142664
described in division (B)(2)(b) of this section.	142665

(a) Each county's proportionate share of the state's	142666
population as reflected in the most recent federal decennial	142667
census or the federal government's most recent census estimates,	142668
whichever represents the most recent year.	142669

(b) The amount by which total estimated distributions from	142670
the local government fund during the immediately succeeding	142671
calendar year, less the total estimated amount to be distributed	142672
from the fund to municipal corporations under division (C) of	142673
section 5747.50 of the Revised Code during the immediately	142674
succeeding calendar year, exceed the total amount distributed to	142675
counties from the local government fund and local government	142676
revenue assistance fund during calendar year 2007.	142677

Sec. 5747.76. (A) As used in this section, "certificate	142678
owner" has the same meaning as in section 149.311 of the Revised	142679
Code.	142680

(B) There is allowed a credit against the tax imposed under	142681
section 5747.02 of the Revised Code for a taxpayer that is the	142682
certificate owner of a rehabilitation tax credit certificate	142683
issued under section 149.311 of the Revised Code. The credit shall	142684
equal twenty-five per cent of the dollar amount indicated on the	142685
certificate, but the amount of credit allowed for any taxpayer	142686
shall not exceed ~~five~~ten million dollars. The credit shall be	142687
claimed for the taxable year specified in the certificate and in	142688
the order required under section 5747.98 of the Revised Code.	142689

(C) Nothing in this section limits or disallows pass-through	142690
treatment of the credit if the certificate owner is a pass-through	142691
entity. If the certificate owner is a pass-through entity, the	142692
amount of the credit allowed for the pass-through entity shall not	142693
exceed five million dollars. If the certificate owner is a	142694
pass-through entity, the credit may be allocated among the	142695
entity's equity owners in proportion to their ownership interests	142696
or in such proportions or amounts as the equity owners mutually	142697
agree.	142698

(D) If the credit allowed for any taxable year exceeds the	142699
tax otherwise due under section 5747.02 of the Revised Code, after	142700
allowing for any other credits preceding the credit in the order	142701
prescribed by section 5747.98 of the Revised Code, the excess	142702
shall be refunded to the taxpayer but, if any amount of the credit	142703
is refunded, the sum of the amount refunded and the amount applied	142704
to reduce the tax otherwise due for that year shall not exceed	142705
three million dollars or, if the certificate owner is a	142706
pass-through entity, shall not exceed the taxpayer's distributive	142707
or proportionate share, as allocated under division (C) of this	142708
section, of three million dollars. The taxpayer may carry forward	142709
any balance of the credit in excess of the amount claimed for that	142710
year for not more than five ensuing taxable years, and shall	142711
deduct any amount claimed for any such year from the amount	142712
claimed in an ensuing year.	142713

(E) A taxpayer claiming a credit under this section shall	142714
retain the rehabilitation tax credit certificate for four years	142715
following the end of the taxable year to which the credit was	142716
applied, and shall make the certificate available for inspection	142717
by the tax commissioner upon the request of the tax commissioner	142718
during that period.	142719

Sec. 5747.98. (A) To provide a uniform procedure for	142720
calculating the amount of tax due under section 5747.02 of the	142721
Revised Code, a taxpayer shall claim any credits to which the	142722
taxpayer is entitled in the following order:	142723

(1) The retirement income credit under division (B) of	142724
section 5747.055 of the Revised Code;	142725

(2) The senior citizen credit under division (C) of section	142726
5747.05 of the Revised Code;	142727

(3) The lump sum distribution credit under division (D) of	142728
section 5747.05 of the Revised Code;	142729

(4) The dependent care credit under section 5747.054 of the	142730
Revised Code;	142731

(5) The lump sum retirement income credit under division (C)	142732
of section 5747.055 of the Revised Code;	142733

(6) The lump sum retirement income credit under division (D)	142734
of section 5747.055 of the Revised Code;	142735

(7) The lump sum retirement income credit under division (E)	142736
of section 5747.055 of the Revised Code;	142737

(8) The low-income credit under section 5747.056 of the	142738
Revised Code;	142739

(9) The credit for displaced workers who pay for job training	142740
under section 5747.27 of the Revised Code;	142741

(10) The campaign contribution credit under section 5747.29	142742
of the Revised Code;	142743

(11) The twenty-dollar personal exemption credit under	142744
section 5747.022 of the Revised Code;	142745

(12) The joint filing credit under division (G) of section	142746
5747.05 of the Revised Code;	142747

(13) The nonresident credit under division (A) of section	142748
5747.05 of the Revised Code;	142749

(14) The credit for a resident's out-of-state income under	142750
division (B) of section 5747.05 of the Revised Code;	142751

(15) The credit for employers that enter into agreements with	142752
child day-care centers under section 5747.34 of the Revised Code;	142753

(16) The credit for employers that reimburse employee child	142754
care expenses under section 5747.36 of the Revised Code;	142755

(17) The credit for adoption of a minor child under section	142756
5747.37 of the Revised Code;	142757

(18) The credit for purchases of lights and reflectors under	142758
section 5747.38 of the Revised Code;	142759

(19) The nonrefundable job retention credit under division	142760
(B) of section 5747.058 of the Revised Code;	142761

(20) The credit for selling alternative fuel under section	142762
5747.77 of the Revised Code;	142763

(21) The second credit for purchases of new manufacturing	142764
machinery and equipment and the credit for using Ohio coal under	142765
section 5747.31 of the Revised Code;	142766

(22) The job training credit under section 5747.39 of the	142767
Revised Code;	142768

(23) The enterprise zone credit under section 5709.66 of the	142769
Revised Code;	142770

(24) The credit for the eligible costs associated with a	142771
voluntary action under section 5747.32 of the Revised Code;	142772

(25) The credit for employers that establish on-site child	142773
day-care centers under section 5747.35 of the Revised Code;	142774

(26) The ethanol plant investment credit under section	142775
5747.75 of the Revised Code;	142776

(27) The credit for purchases of qualifying grape production	142777
property under section 5747.28 of the Revised Code;	142778

(28) The small business investment credit under section	142779
5747.81 of the Revised Code;	142780

(29) ~~The credit for research and development and technology~~	142781
~~transfer investors under section 5747.33 of the Revised Code;~~	142782

~~(30)~~ The enterprise zone credits under section 5709.65 of the	142783
Revised Code;	142784

~~(31)~~(30) The research and development credit under section	142785
5747.331 of the Revised Code;	142786

~~(32)~~(31) The credit for rehabilitating a historic building	142787
under section 5747.76 of the Revised Code;	142788

~~(33)~~(32) The refundable credit for rehabilitating a historic	142789
building under section 5747.76 of the Revised Code;	142790

~~(34)~~(33) The refundable jobs creation credit or job retention	142791
credit under division (A) of section 5747.058 of the Revised Code;	142792

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	142793
entity granted under section 5747.059 of the Revised Code;	142794

~~(36)~~(35) The refundable credits for taxes paid by a	142795
qualifying pass-through entity granted under division (J) of	142796
section 5747.08 of the Revised Code;	142797

~~(37)~~(36) The refundable credit under section 5747.80 of the	142798
Revised Code for losses on loans made to the Ohio venture capital	142799
program under sections 150.01 to 150.10 of the Revised Code;	142800

~~(38)~~(37) The refundable motion picture production credit	142801
under section 5747.66 of the Revised Code.	142802

~~(39)~~(38) The refundable credit for financial institution	142803
taxes paid by a pass-through entity granted under section 5747.65	142804
of the Revised Code.	142805

(B) For any credit, except the refundable credits enumerated	142806
in this section and the credit granted under division (I) of	142807
section 5747.08 of the Revised Code, the amount of the credit for	142808
a taxable year shall not exceed the tax due after allowing for any	142809
other credit that precedes it in the order required under this	142810
section. Any excess amount of a particular credit may be carried	142811
forward if authorized under the section creating that credit.	142812
Nothing in this chapter shall be construed to allow a taxpayer to	142813
claim, directly or indirectly, a credit more than once for a	142814
taxable year.	142815

Sec. 5748.01. As used in this chapter:

142816

(A) "School district income tax" means an income tax adopted	142817
under one of the following:	142818

(1) Former section 5748.03 of the Revised Code as it existed	142819
prior to its repeal by Amended Substitute House Bill No. 291 of	142820
the 115th general assembly;	142821

(2) Section 5748.03 of the Revised Code as enacted in	142822
Substitute Senate Bill No. 28 of the 118th general assembly;	142823

(3) Section 5748.08 of the Revised Code as enacted in Amended	142824
Substitute Senate Bill No. 17 of the 122nd general assembly;	142825

(4) Section 5748.021 of the Revised Code;

142826

(5) Section 5748.081 of the Revised Code;

142827

(6) Section 5748.09 of the Revised Code.

142828

(B) "Individual" means an individual subject to the tax	142829
levied by section 5747.02 of the Revised Code.	142830

(C) "Estate" means an estate subject to the tax levied by	142831
section 5747.02 of the Revised Code.	142832

(D) "Taxable year" means a taxable year as defined in	142833
division (M) of section 5747.01 of the Revised Code.	142834

(E) "Taxable income" means:

142835

(1) In the case of an individual, one of the following, as	142836
specified in the resolution imposing the tax:	142837

(a) Ohio adjusted gross income for the taxable year as	142838
defined in division (A) of section 5747.01 of the Revised Code,	142839
less the exemptions provided by section 5747.02 of the Revised	142840
Code, plus any amount deducted under division (A)(32) of section	142841
5747.01 of the Revised Code for the taxable year;	142842

(b) Wages, salaries, tips, and other employee compensation to	142843
the extent included in Ohio adjusted gross income as defined in	142844
section 5747.01 of the Revised Code, and net earnings from	142845
self-employment, as defined in section 1402(a) of the Internal	142846
Revenue Code, to the extent included in Ohio adjusted gross	142847
income.	142848

(2) In the case of an estate, taxable income for the taxable	142849
year as defined in division (S) of section 5747.01 of the Revised	142850
Code.	142851

(F) "Resident" of the school district means:

142852

(1) An individual who is a resident of this state as defined	142853
in division (I) of section 5747.01 of the Revised Code during all	142854
or a portion of the taxable year and who, during all or a portion	142855
of such period of state residency, is domiciled in the school	142856
district or lives in and maintains a permanent place of abode in	142857
the school district;	142858

(2) An estate of a decedent who, at the time of death, was	142859
domiciled in the school district.	142860

(G) "School district income" means:

142861

(1) With respect to an individual, the portion of the taxable	142862
income of an individual that is received by the individual during	142863
the portion of the taxable year that the individual is a resident	142864
of the school district and the school district income tax is in	142865
effect in that school district. An individual may have school	142866
district income with respect to more than one school district.	142867

(2) With respect to an estate, the taxable income of the	142868
estate for the portion of the taxable year that the school	142869
district income tax is in effect in that school district.	142870

(H) "Taxpayer" means an individual or estate having school	142871
district income upon which a school district income tax is	142872
imposed.	142873

(I) "School district purposes" means any of the purposes for	142874
which a tax may be levied pursuant to division (A) of section	142875
5705.21 of the Revised Code, including the combined purposes	142876
authorized by section 5705.217 of the Revised Code.	142877

Sec. 5749.02. (A) For the purpose of providing revenue to	142878
administer the state's coal mining and reclamation regulatory	142879
program, to meet the environmental and resource management needs	142880
of this state, and to reclaim land affected by mining, an excise	142881
tax is hereby levied on the privilege of engaging in the severance	142882
of natural resources from the soil or water of this state. The tax	142883
shall be imposed upon the severer ~~and shall be~~at the rates	142884
prescribed by divisions (A)(1) to (9) of this section:	142885

(1) Ten cents per ton of coal;

142886

(2) Four cents per ton of salt;

142887

(3) Two cents per ton of limestone or dolomite;

142888

(4) Two cents per ton of sand and gravel;

142889

(5) Ten cents per barrel of oil;

142890

(6) Two and one-half cents per thousand cubic feet of natural	142891
gas;	142892

(7) One cent per ton of clay, sandstone or conglomerate,	142893
shale, gypsum, or quartzite;	142894

(8) Except as otherwise provided in this division or in rules	142895
adopted by the reclamation forfeiture fund advisory board under	142896
section 1513.182 of the Revised Code, an additional fourteen cents	142897
per ton of coal produced from an area under a coal mining and	142898
reclamation permit issued under Chapter 1513. of the Revised Code	142899
for which the performance security is provided under division	142900
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	142901
2007, if at the end of a fiscal biennium the balance of the	142902
reclamation forfeiture fund created in section 1513.18 of the	142903
Revised Code is equal to or greater than ten million dollars, the	142904
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	142905
if at the end of a fiscal biennium the balance of the fund is at	142906
least five million dollars, but less than ten million dollars, the	142907
rate levied shall be fourteen cents per ton. Beginning July 1,	142908
2007, if at the end of a fiscal biennium the balance of the fund	142909
is less than five million dollars, the rate levied shall be	142910
sixteen cents per ton. Beginning July 1, 2009, not later than	142911
thirty days after the close of a fiscal biennium, the chief of the	142912
division of mineral resources management shall certify to the tax	142913
commissioner the amount of the balance of the reclamation	142914
forfeiture fund as of the close of the fiscal biennium. Any	142915
necessary adjustment of the rate levied shall take effect on the	142916
first day of the following January and shall remain in effect	142917
during the calendar biennium that begins on that date.	142918

(9) An additional one and two-tenths cents per ton of coal	142919
mined by surface mining methods.	142920

(B) OfAfter the director of budget and management transfers	142921
money from the severance tax receipts fund as required in division	142922
(H) of section 5749.06 of the Revised Code, money remaining in the	142923
severance tax receipts fund, except for money in the fund from the	142924
amounts due under section 1509.50 of the Revised Code, shall be	142925
credited as follows:	142926

(1) Of the moneys ~~received by the treasurer of state~~in the	142927
fund from the tax levied in division (A)(1) of this section, four	142928
and seventy-six-hundredths per cent shall be credited to the	142929
geological mapping fund created in section 1505.09 of the Revised	142930
Code, eighty and ninety-five-hundredths per cent shall be credited	142931
to the coal mining administration and reclamation reserve fund	142932
created in section 1513.181 of the Revised Code, and fourteen and	142933
twenty-nine-hundredths per cent shall be credited to the	142934
unreclaimed lands fund created in section 1513.30 of the Revised	142935
Code.	142936

(2) The money ~~received by the treasurer of state~~in the fund	142937
from the tax levied in division (A)(2) of this section shall be	142938
credited to the geological mapping fund.	142939

(3) Of the moneys ~~received by the treasurer of state~~in the	142940
fund from the tax levied in divisions (A)(3) and (4) of this	142941
section, seven and five-tenths per cent shall be credited to the	142942
geological mapping fund, forty-two and five-tenths per cent shall	142943
be credited to the unreclaimed lands fund, and the remainder shall	142944
be credited to the surface mining fund created in section 1514.06	142945
of the Revised Code.	142946

(4) Of the moneys ~~received by the treasurer of state~~in the	142947
fund from the tax levied in divisions (A)(5) and (6) of this	142948
section, ninety per cent shall be credited to the oil and gas well	142949
fund created in section 1509.02 of the Revised Code and ten per	142950
cent shall be credited to the geological mapping fund. All of the	142951
moneys ~~received by the treasurer of state~~in the fund from the	142952
tax levied in division (A)(7) of this section shall be credited to	142953
the surface mining fund.	142954

(5) All of the moneys ~~received by the treasurer of state~~in	142955
the fund from the tax levied in division (A)(8) of this section	142956
shall be credited to the reclamation forfeiture fund.	142957

(6) All of the moneys ~~received by the treasurer of state~~in	142958
the fund from the tax levied in division (A)(9) of this section	142959
shall be credited to the unreclaimed lands fund.	142960

(C) When, at the close of any fiscal year, the chief finds	142961
that the balance of the reclamation forfeiture fund, plus	142962
estimated transfers to it from the coal mining administration and	142963
reclamation reserve fund under section 1513.181 of the Revised	142964
Code, plus the estimated revenues from the tax levied by division	142965
(A)(8) of this section for the remainder of the calendar year that	142966
includes the close of the fiscal year, are sufficient to complete	142967
the reclamation of all lands for which the performance security	142968
has been provided under division (C)(2) of section 1513.08 of the	142969
Revised Code, the purposes for which the tax under division (A)(8)	142970
of this section is levied shall be deemed accomplished at the end	142971
of that calendar year. The chief, within thirty days after the	142972
close of the fiscal year, shall certify those findings to the tax	142973
commissioner, and the tax levied under division (A)(8) of this	142974
section shall cease to be imposed for the subsequent calendar year	142975
after the last day of that calendar year on coal produced under a	142976
coal mining and reclamation permit issued under Chapter 1513. of	142977
the Revised Code if the permittee has made tax payments under	142978
division (A)(8) of this section during each of the preceding five	142979
full calendar years. Not later than thirty days after the close of	142980
a fiscal year, the chief shall certify to the tax commissioner the	142981
identity of any permittees who accordingly no longer are required	142982
to pay the tax levied under division (A)(8) of this section for	142983
the subsequent calendar year.	142984

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	142985
by section 5749.02 of the Revised Code and each severer or owner	142986
liable for the amounts due under section 1509.50 of the Revised	142987
Code shall make and file returns with the tax commissioner in the	142988
prescribed form and as of the prescribed times, computing and	142989
reflecting therein the tax as required by this chapter and amounts	142990
due under section 1509.50 of the Revised Code.	142991

(2) The returns shall be filed for every quarterly period,	142992
which periods shall end on the thirty-first day of March, the	142993
thirtieth day of June, the thirtieth day of September, and the	142994
thirty-first day of December of each year, as required by this	142995
section, unless a different return period is prescribed for a	142996
taxpayer by the commissioner.	142997

(B)(1) A separate return shall be filed for each calendar	142998
quarterly period, or other period, or any part thereof, during	142999
which the severer holds a license as provided by section 5749.04	143000
of the Revised Code, or is required to hold the license, or during	143001
which an owner is required to file a return~~, and the~~. The return	143002
shall be filed within forty-five days after the last day of each	143003
such calendar month, or other period, or any part thereof, for	143004
which the return is required ~~and shall include remittance payable~~	143005
~~to the treasurer of state of the amount of~~. The tax due is payable	143006
along with the return. All such returns shall contain such	143007
information as the commissioner may require to fairly administer	143008
the tax.	143009

(2) All returns shall be signed by the severer or owner, as	143010
applicable, shall contain the full and complete information	143011
requested, and shall be made under penalty of perjury.	143012

(C) If the commissioner believes that quarterly payments of	143013
tax would result in a delay that might jeopardize the collection	143014
of such tax payments, the commissioner may order that such	143015
payments be made weekly, or more frequently if necessary, such	143016
payments to be made not later than seven days following the close	143017
of the period for which the jeopardy payment is required. Such an	143018
order shall be delivered to the taxpayer personally or by	143019
certified mail and shall remain in effect until the commissioner	143020
notifies the taxpayer to the contrary.	143021

(D) Upon good cause the commissioner may extend for thirty	143022
days the period for filing any notice or return required to be	143023
filed under this section, and may remit all or a part of penalties	143024
that may become due under this chapter.	143025

(E) Any tax and any amount due under section 1509.50 of the	143026
Revised Code not paid by the day the tax or amount is due shall	143027
bear interest computed at the rate per annum prescribed by section	143028
5703.47 of the Revised Code on that amount due from the day that	143029
the amount was originally required to be paid to the day of actual	143030
payment or to the day an assessment was issued under section	143031
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	143032

(F) ~~The severer shall make all payments payable to the~~	143033
~~treasurer of state. Except for the amounts due under section~~	143034
~~1509.50 of the Revised Code, all~~A severer or owner, as	143035
applicable, that fails to file a complete return or pay the full	143036
amount due under this chapter within the time prescribed,	143037
including any extensions of time granted by the commissioner,	143038
shall be subject to a penalty not to exceed the greater of fifty	143039
dollars or ten per cent of the amount due for the period.	143040

(G)(1) A severer or owner, as applicable, shall remit	143041
payments electronically and, if required by the commissioner, file	143042
each return electronically. The commissioner may require that the	143043
severer or owner use the Ohio business gateway, as defined in	143044
section 718.051 of the Revised Code, or another electronic means	143045
to file returns and remit payments electronically.	143046

(2) A severer or owner that is required to remit payments	143047
electronically under this section may apply to the commissioner,	143048
in the manner prescribed by the commissioner, to be excused from	143049
that requirement. The commissioner may excuse a severer or owner	143050
from the requirements of division (G) of this section for good	143051
cause.	143052

(3) If a severer or owner that is required to remit payments	143053
or file returns electronically under this section fails to do so,	143054
the commissioner may impose a penalty on the severer or owner not	143055
to exceed the following:	143056

(a) For the first or second payment or return the severer or	143057
owner fails to remit or file electronically, the greater of five	143058
per cent of the amount of the payment that was required to be	143059
remitted or twenty-five dollars;	143060

(b) For every payment or return after the second that the	143061
severer or owner fails to remit or file electronically, the	143062
greater of ten per cent of the amount of the payment that was	143063
required to be remitted or fifty dollars.	143064

(H)(1) All amounts that the ~~tax~~ commissioner receives under	143065
this section shall be deemed to be revenue from taxes imposed	143066
under this chapter~~. The commissioner shall immediately forward to~~	143067
~~the treasurer of state all amounts received under this section~~or	143068
from the amount due under section 1509.50 of the Revised Code, as	143069
applicable, and shall be deposited in the severance tax receipts	143070
fund, which is hereby created in the state treasury.	143071

(2) The director of budget and management shall transfer from	143072
the severance tax receipts fund to the tax refund fund amounts	143073
equal to the refunds certified by the commissioner under section	143074
5749.08 of the Revised Code. Any amount transferred under division	143075
(H)(2) of this section shall be derived from receipts of the same	143076
tax or other amount from which the refund arose.	143077

(3) After the director of budget and management makes any	143078
transfer required by division (H)(2) of this section, but not	143079
later than the fifteenth day of the month following the end of	143080
each calendar quarter, the commissioner shall certify to the	143081
director the total amount remaining in the severance tax receipts	143082
fund organized according to the amount attributable to each	143083
natural resource and according to the amount attributable to a tax	143084
imposed by this chapter and the amounts due under section 1509.50	143085
of the Revised Code.	143086

(I) Penalties imposed under this section are in addition to	143087
any other penalty imposed under this chapter and shall be	143088
considered as revenue arising from the tax levied under this	143089
chapter or the amount due under section 1509.50 of the Revised	143090
Code, as applicable. The commissioner may collect any penalty or	143091
interest imposed under this section in the same manner as provided	143092
for the making of an assessment in section 5749.07 of the Revised	143093
Code. The commissioner may abate all or a portion of such interest	143094
or penalties and may adopt rules governing such abatements.	143095

Sec. 5749.07. (A) If any severer required by this chapter to	143096
make and file returns and pay the tax levied by section 5749.02 of	143097
the Revised Code, or any severer or owner liable for the amounts	143098
due under section 1509.50 of the Revised Code, fails to make such	143099
return or pay such tax or amounts, the tax commissioner may make	143100
an assessment against the severer or owner based upon any	143101
information in the commissioner's possession.	143102

No assessment shall be made or issued against any severer for	143103
any tax imposed by section 5749.02 of the Revised Code or against	143104
any severer or owner for any amount due under section 1509.50 of	143105
the Revised Code more than four years after the return was due or	143106
was filed, whichever is later. This section does not bar an	143107
assessment against a severer or owner who fails to file a return	143108
as required by this chapter, or who files a fraudulent return.	143109

The commissioner shall give the party assessed written notice	143110
of such assessment in the manner provided in section 5703.37 of	143111
the Revised Code. With the notice, the commissioner shall provide	143112
instructions on how to petition for reassessment and request a	143113
hearing on the petition.	143114

(B) Unless the party assessed files with the commissioner	143115
within sixty days after service of the notice of assessment,	143116
either personally or by certified mail, a written petition for	143117
reassessment signed by the party assessed or that party's	143118
authorized agent having knowledge of the facts, the assessment	143119
becomes final and the amount of the assessment is due and payable	143120
from the party assessed to the treasurer of state. The petition	143121
shall indicate the objections of the party assessed, but	143122
additional objections may be raised in writing if received by the	143123
commissioner prior to the date shown on the final determination.	143124
If the petition has been properly filed, the commissioner shall	143125
proceed under section 5703.60 of the Revised Code.	143126

(C) After an assessment becomes final, if any portion of the	143127
assessment remains unpaid, including accrued interest, a certified	143128
copy of the commissioner's entry making the assessment final may	143129
be filed in the office of the clerk of the court of common pleas	143130
in the county in which the party assessed resides or in which the	143131
party's business is conducted. If the party assessed maintains no	143132
place of business in this state and is not a resident of this	143133
state, the certified copy of the entry may be filed in the office	143134
of the clerk of the court of common pleas of Franklin county.	143135

Immediately upon the filing of such entry, the clerk shall	143136
enter a judgment for the state against the party assessed in the	143137
amount shown on the entry. The judgment may be filed by the clerk	143138
in a loose-leaf book entitled "special judgments for state	143139
severance tax," and shall have the same effect as other judgments.	143140
Execution shall issue upon the judgment upon the request of the	143141
commissioner, and all laws applicable to sales on execution shall	143142
apply to sales made under the judgment.	143143

~~The portion of~~If the assessment is not paid in its entirety	143144
within sixty days after the day the assessment is issued, the	143145
portion of the assessment consisting of tax due or amounts due	143146
under section 1509.50 of the Revised Code shall bear interest at	143147
the rate per annum prescribed by section 5703.47 of the Revised	143148
Code from the day the commissioner issues the assessment until it	143149
is paid or until it is certified to the attorney general for	143150
collection under section 131.02 of the Revised Code, whichever	143151
comes first. If the unpaid portion of the assessment is certified	143152
to the attorney general for collection, the entire unpaid portion	143153
of the assessment shall bear interest at the rate per annum	143154
prescribed by section 5703.47 of the Revised Code from the date of	143155
certification until the date it is paid in its entirety. Interest	143156
shall be paid in the same manner as the tax and may be collected	143157
by the issuance of an assessment under this section.	143158

(D) All money collected by the commissioner under this	143159
section shall be paid to the treasurer of state, and when paid	143160
shall be considered as revenue arising from the tax imposed by	143161
section 5749.02 of the Revised Code and the amount due under	143162
section 1509.50 of the Revised Code, as applicable.	143163

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	143164
1509. of the Revised Code, any information provided to the	143165
department of natural resources by the department of taxation in	143166
accordance with division (C)(12) of section 5703.21 of the Revised	143167
Code shall not be disclosed publicly by the department of natural	143168
resources~~, but~~. However the department of natural resources may	143169
provide such information to the attorney general for purposes of	143170
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	143171

Sec. 5751.01. As used in this chapter:

143172

(A) "Person" means, but is not limited to, individuals,	143173
combinations of individuals of any form, receivers, assignees,	143174
trustees in bankruptcy, firms, companies, joint-stock companies,	143175
business trusts, estates, partnerships, limited liability	143176
partnerships, limited liability companies, associations, joint	143177
ventures, clubs, societies, for-profit corporations, S	143178
corporations, qualified subchapter S subsidiaries, qualified	143179
subchapter S trusts, trusts, entities that are disregarded for	143180
federal income tax purposes, and any other entities.	143181

(B) "Consolidated elected taxpayer" means a group of two or	143182
more persons treated as a single taxpayer for purposes of this	143183
chapter as the result of an election made under section 5751.011	143184
of the Revised Code.	143185

(C) "Combined taxpayer" means a group of two or more persons	143186
treated as a single taxpayer for purposes of this chapter under	143187
section 5751.012 of the Revised Code.	143188

(D) "Taxpayer" means any person, or any group of persons in	143189
the case of a consolidated elected taxpayer or combined taxpayer	143190
treated as one taxpayer, required to register or pay tax under	143191
this chapter. "Taxpayer" does not include excluded persons.	143192

(E) "Excluded person" means any of the following:

143193

(1) Any person with not more than one hundred fifty thousand	143194
dollars of taxable gross receipts during the calendar year.	143195
Division (E)(1) of this section does not apply to a person that is	143196
a member of a consolidated elected taxpayer;	143197

(2) A public utility that paid the excise tax imposed by	143198
section 5727.24 or 5727.30 of the Revised Code based on one or	143199
more measurement periods that include the entire tax period under	143200
this chapter, except that a public utility that is a combined	143201
company is a taxpayer with regard to the following gross receipts:	143202

(a) Taxable gross receipts directly attributed to a public	143203
utility activity, but not directly attributed to an activity that	143204
is subject to the excise tax imposed by section 5727.24 or 5727.30	143205
of the Revised Code;	143206

(b) Taxable gross receipts that cannot be directly attributed	143207
to any activity, multiplied by a fraction whose numerator is the	143208
taxable gross receipts described in division (E)(2)(a) of this	143209
section and whose denominator is the total taxable gross receipts	143210
that can be directly attributed to any activity;	143211

(c) Except for any differences resulting from the use of an	143212
accrual basis method of accounting for purposes of determining	143213
gross receipts under this chapter and the use of the cash basis	143214
method of accounting for purposes of determining gross receipts	143215
under section 5727.24 of the Revised Code, the gross receipts	143216
directly attributed to the activity of a natural gas company shall	143217
be determined in a manner consistent with division (D) of section	143218
5727.03 of the Revised Code.	143219

As used in division (E)(2) of this section, "combined	143220
company" and "public utility" have the same meanings as in section	143221
5727.01 of the Revised Code.	143222

(3) A financial institution, as defined in section 5726.01 of	143223
the Revised Code, that paid the tax imposed by section 5726.02 of	143224
the Revised Code based on one or more taxable years that include	143225
the entire tax period under this chapter;	143226

(4) A person directly or indirectly owned by one or more	143227
financial institutions, as defined in section 5726.01 of the	143228
Revised Code, that paid the tax imposed by section 5726.02 of the	143229
Revised Code based on one or more taxable years that include the	143230
entire tax period under this chapter.	143231

For the purposes of division (E)(4) of this section, a person	143232
owns another person under the following circumstances:	143233

(a) In the case of corporations issuing capital stock, one	143234
corporation owns another corporation if it owns fifty per cent or	143235
more of the other corporation's capital stock with current voting	143236
rights;	143237

(b) In the case of a limited liability company, one person	143238
owns the company if that person's membership interest, as defined	143239
in section 1705.01 of the Revised Code, is fifty per cent or more	143240
of the combined membership interests of all persons owning such	143241
interests in the company;	143242

(c) In the case of a partnership, trust, or other	143243
unincorporated business organization other than a limited	143244
liability company, one person owns the organization if, under the	143245
articles of organization or other instrument governing the affairs	143246
of the organization, that person has a beneficial interest in the	143247
organization's profits, surpluses, losses, or distributions of	143248
fifty per cent or more of the combined beneficial interests of all	143249
persons having such an interest in the organization.	143250

(5) A domestic insurance company or foreign insurance	143251
company, as defined in section 5725.01 of the Revised Code, that	143252
paid the insurance company premiums tax imposed by section 5725.18	143253
or Chapter 5729. of the Revised Code, or an unauthorized insurance	143254
company whose gross premiums are subject to tax under section	143255
3905.36 of the Revised Code based on one or more measurement	143256
periods that include the entire tax period under this chapter;	143257

(6) A person that solely facilitates or services one or more	143258
securitizations of phase-in-recovery property pursuant to a final	143259
financing order as those terms are defined in section 4928.23 of	143260
the Revised Code. For purposes of this division, "securitization"	143261
means transferring one or more assets to one or more persons and	143262
then issuing securities backed by the right to receive payment	143263
from the asset or assets so transferred.	143264

(7) Except as otherwise provided in this division, a	143265
pre-income tax trust as defined in division (FF)(4) of section	143266
5747.01 of the Revised Code and any pass-through entity of which	143267
such pre-income tax trust owns or controls, directly, indirectly,	143268
or constructively through related interests, more than five per	143269
cent of the ownership or equity interests. If the pre-income tax	143270
trust has made a qualifying pre-income tax trust election under	143271
division (FF)(3) of section 5747.01 of the Revised Code, then the	143272
trust and the pass-through entities of which it owns or controls,	143273
directly, indirectly, or constructively through related interests,	143274
more than five per cent of the ownership or equity interests,	143275
shall not be excluded persons for purposes of the tax imposed	143276
under section 5751.02 of the Revised Code.	143277

(8) Nonprofit organizations or the state and its agencies,	143278
instrumentalities, or political subdivisions.	143279

(F) Except as otherwise provided in divisions (F)(2), (3),	143280
and (4) of this section, "gross receipts" means the total amount	143281
realized by a person, without deduction for the cost of goods sold	143282
or other expenses incurred, that contributes to the production of	143283
gross income of the person, including the fair market value of any	143284
property and any services received, and any debt transferred or	143285
forgiven as consideration.	143286

(1) The following are examples of gross receipts:

143287

(a) Amounts realized from the sale, exchange, or other	143288
disposition of the taxpayer's property to or with another;	143289

(b) Amounts realized from the taxpayer's performance of	143290
services for another;	143291

(c) Amounts realized from another's use or possession of the	143292
taxpayer's property or capital;	143293

(d) Any combination of the foregoing amounts.

143294

(2) "Gross receipts" excludes the following amounts:

143295

(a) Interest income except interest on credit sales;

143296

(b) Dividends and distributions from corporations, and	143297
distributive or proportionate shares of receipts and income from a	143298
pass-through entity as defined under section 5733.04 of the	143299
Revised Code;	143300

(c) Receipts from the sale, exchange, or other disposition of	143301
an asset described in section 1221 or 1231 of the Internal Revenue	143302
Code, without regard to the length of time the person held the	143303
asset. Notwithstanding section 1221 of the Internal Revenue Code,	143304
receipts from hedging transactions also are excluded to the extent	143305
the transactions are entered into primarily to protect a financial	143306
position, such as managing the risk of exposure to (i) foreign	143307
currency fluctuations that affect assets, liabilities, profits,	143308
losses, equity, or investments in foreign operations; (ii)	143309
interest rate fluctuations; or (iii) commodity price fluctuations.	143310
As used in division (F)(2)(c) of this section, "hedging	143311
transaction" has the same meaning as used in section 1221 of the	143312
Internal Revenue Code and also includes transactions accorded	143313
hedge accounting treatment under statement of financial accounting	143314
standards number 133 of the financial accounting standards board.	143315
For the purposes of division (F)(2)(c) of this section, the actual	143316
transfer of title of real or tangible personal property to another	143317
entity is not a hedging transaction.	143318

(d) Proceeds received attributable to the repayment,	143319
maturity, or redemption of the principal of a loan, bond, mutual	143320
fund, certificate of deposit, or marketable instrument;	143321

(e) The principal amount received under a repurchase	143322
agreement or on account of any transaction properly characterized	143323
as a loan to the person;	143324

(f) Contributions received by a trust, plan, or other	143325
arrangement, any of which is described in section 501(a) of the	143326
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	143327
1, Subchapter (D) of the Internal Revenue Code applies;	143328

(g) Compensation, whether current or deferred, and whether in	143329
cash or in kind, received or to be received by an employee, former	143330
employee, or the employee's legal successor for services rendered	143331
to or for an employer, including reimbursements received by or for	143332
an individual for medical or education expenses, health insurance	143333
premiums, or employee expenses, or on account of a dependent care	143334
spending account, legal services plan, any cafeteria plan	143335
described in section 125 of the Internal Revenue Code, or any	143336
similar employee reimbursement;	143337

(h) Proceeds received from the issuance of the taxpayer's own	143338
stock, options, warrants, puts, or calls, or from the sale of the	143339
taxpayer's treasury stock;	143340

(i) Proceeds received on the account of payments from	143341
insurance policies, except those proceeds received for the loss of	143342
business revenue;	143343

(j) Gifts or charitable contributions received; membership	143344
dues received by trade, professional, homeowners', or condominium	143345
associations; and payments received for educational courses,	143346
meetings, meals, or similar payments to a trade, professional, or	143347
other similar association; and fundraising receipts received by	143348
any person when any excess receipts are donated or used	143349
exclusively for charitable purposes;	143350

(k) Damages received as the result of litigation in excess of	143351
amounts that, if received without litigation, would be gross	143352
receipts;	143353

(l) Property, money, and other amounts received or acquired	143354
by an agent on behalf of another in excess of the agent's	143355
commission, fee, or other remuneration;	143356

(m) Tax refunds, other tax benefit recoveries, and	143357
reimbursements for the tax imposed under this chapter made by	143358
entities that are part of the same combined taxpayer or	143359
consolidated elected taxpayer group, and reimbursements made by	143360
entities that are not members of a combined taxpayer or	143361
consolidated elected taxpayer group that are required to be made	143362
for economic parity among multiple owners of an entity whose tax	143363
obligation under this chapter is required to be reported and paid	143364
entirely by one owner, pursuant to the requirements of sections	143365
5751.011 and 5751.012 of the Revised Code;	143366

(n) Pension reversions;

143367

(o) Contributions to capital;

143368

(p) Sales or use taxes collected as a vendor or an	143369
out-of-state seller on behalf of the taxing jurisdiction from a	143370
consumer or other taxes the taxpayer is required by law to collect	143371
directly from a purchaser and remit to a local, state, or federal	143372
tax authority;	143373

(q) In the case of receipts from the sale of cigarettes or	143374
tobacco products by a wholesale dealer, retail dealer,	143375
distributor, manufacturer, or seller, all as defined in section	143376
5743.01 of the Revised Code, an amount equal to the federal and	143377
state excise taxes paid by any person on or for such cigarettes or	143378
tobacco products under subtitle E of the Internal Revenue Code or	143379
Chapter 5743. of the Revised Code;	143380

(r) ~~In the case of receipts from the sale of motor fuel by a~~	143381
~~licensed motor fuel dealer, licensed retail dealer, or licensed~~	143382
~~permissive motor fuel dealer, all as defined in section 5735.01 of~~	143383
~~the Revised Code, an amount equal to federal and state excise~~	143384
~~taxes paid by any person on such motor fuel under section 4081 of~~	143385
~~the Internal Revenue Code or Chapter 5735.~~Receipts from the sale,	143386
transfer, exchange, or other disposition of motor fuel as "motor	143387
fuel" is defined in section 5736.01 of the Revised Code;	143388

(s) In the case of receipts from the sale of beer or	143389
intoxicating liquor, as defined in section 4301.01 of the Revised	143390
Code, by a person holding a permit issued under Chapter 4301. or	143391
4303. of the Revised Code, an amount equal to federal and state	143392
excise taxes paid by any person on or for such beer or	143393
intoxicating liquor under subtitle E of the Internal Revenue Code	143394
or Chapter 4301. or 4305. of the Revised Code;	143395

(t) Receipts realized by a new motor vehicle dealer or used	143396
motor vehicle dealer, as defined in section 4517.01 of the Revised	143397
Code, from the sale or other transfer of a motor vehicle, as	143398
defined in that section, to another motor vehicle dealer for the	143399
purpose of resale by the transferee motor vehicle dealer, but only	143400
if the sale or other transfer was based upon the transferee's need	143401
to meet a specific customer's preference for a motor vehicle;	143402

(u) Receipts from a financial institution described in	143403
division (E)(3) of this section for services provided to the	143404
financial institution in connection with the issuance, processing,	143405
servicing, and management of loans or credit accounts, if such	143406
financial institution and the recipient of such receipts have at	143407
least fifty per cent of their ownership interests owned or	143408
controlled, directly or constructively through related interests,	143409
by common owners;	143410

(v) Receipts realized from administering anti-neoplastic	143411
drugs and other cancer chemotherapy, biologicals, therapeutic	143412
agents, and supportive drugs in a physician's office to patients	143413
with cancer;	143414

(w) Funds received or used by a mortgage broker that is not a	143415
dealer in intangibles, other than fees or other consideration,	143416
pursuant to a table-funding mortgage loan or warehouse-lending	143417
mortgage loan. Terms used in division (F)(2)(w) of this section	143418
have the same meanings as in section 1322.01 of the Revised Code,	143419
except "mortgage broker" means a person assisting a buyer in	143420
obtaining a mortgage loan for a fee or other consideration paid by	143421
the buyer or a lender, or a person engaged in table-funding or	143422
warehouse-lending mortgage loans that are first lien mortgage	143423
loans.	143424

(x) Property, money, and other amounts received by a	143425
professional employer organization, as defined in section 4125.01	143426
of the Revised Code, from a client employer, as defined in that	143427
section, in excess of the administrative fee charged by the	143428
professional employer organization to the client employer;	143429

(y) In the case of amounts retained as commissions by a	143430
permit holder under Chapter 3769. of the Revised Code, an amount	143431
equal to the amounts specified under that chapter that must be	143432
paid to or collected by the tax commissioner as a tax and the	143433
amounts specified under that chapter to be used as purse money;	143434

(z) Qualifying distribution center receipts.

143435

(i) For purposes of division (F)(2)(z) of this section:

143436

(I) "Qualifying distribution center receipts" means receipts	143437
of a supplier from qualified property that is delivered to a	143438
qualified distribution center, multiplied by a quantity that	143439
equals one minus the Ohio delivery percentage. If the qualified	143440
distribution center is a refining facility, "supplier" includes	143441
all dealers, brokers, processors, sellers, vendors, cosigners, and	143442
distributors of qualified property.	143443

(II) "Qualified property" means tangible personal property	143444
delivered to a qualified distribution center that is shipped to	143445
that qualified distribution center solely for further shipping by	143446
the qualified distribution center to another location in this	143447
state or elsewhere or, in the case of gold, silver, platinum, or	143448
palladium delivered to a refining facility solely for refining to	143449
a grade and fineness acceptable for delivery to a registered	143450
commodities exchange. "Further shipping" includes storing and	143451
repackaging property into smaller or larger bundles, so long as	143452
the property is not subject to further manufacturing or	143453
processing. "Refining" is limited to extracting impurities from	143454
gold, silver, platinum, or palladium through smelting or some	143455
other process at a refining facility.	143456

(III) "Qualified distribution center" means a warehouse, a	143457
facility similar to a warehouse, or a refining facility in this	143458
state that, for the qualifying year, is operated by a person that	143459
is not part of a combined taxpayer group and that has a qualifying	143460
certificate. All warehouses or facilities similar to warehouses	143461
that are operated by persons in the same taxpayer group and that	143462
are located within one mile of each other shall be treated as one	143463
qualified distribution center. All refining facilities that are	143464
operated by persons in the same taxpayer group and that are	143465
located in the same or adjacent counties may be treated as one	143466
qualified distribution center.	143467

(IV) "Qualifying year" means the calendar year to which the	143468
qualifying certificate applies.	143469

(V) "Qualifying period" means the period of the first day of	143470
July of the second year preceding the qualifying year through the	143471
thirtieth day of June of the year preceding the qualifying year.	143472

(VI) "Qualifying certificate" means the certificate issued by	143473
the tax commissioner after the operator of a distribution center	143474
files an annual application with the commissioner. The application	143475
and annual fee shall be filed and paid for each qualified	143476
distribution center on or before the first day of September before	143477
the qualifying year or within forty-five days after the	143478
distribution center opens, whichever is later.	143479

The applicant must substantiate to the commissioner's	143480
satisfaction that, for the qualifying period, all persons	143481
operating the distribution center have more than fifty per cent of	143482
the cost of the qualified property shipped to a location such that	143483
it would be sitused outside this state under the provisions of	143484
division (E) of section 5751.033 of the Revised Code. The	143485
applicant must also substantiate that the distribution center	143486
cumulatively had costs from its suppliers equal to or exceeding	143487
five hundred million dollars during the qualifying period. (For	143488
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	143489
excludes any person that is part of the consolidated elected	143490
taxpayer group, if applicable, of the operator of the qualified	143491
distribution center.) The commissioner may require the applicant	143492
to have an independent certified public accountant certify that	143493
the calculation of the minimum thresholds required for a qualified	143494
distribution center by the operator of a distribution center has	143495
been made in accordance with generally accepted accounting	143496
principles. The commissioner shall issue or deny the issuance of a	143497
certificate within sixty days after the receipt of the	143498
application. A denial is subject to appeal under section 5717.02	143499
of the Revised Code. If the operator files a timely appeal under	143500
section 5717.02 of the Revised Code, the operator shall be granted	143501
a qualifying certificate~~, provided that~~effective for the	143502
remainder of the qualifying year or until the appeal is finalized,	143503
whichever is earlier. If the operator ~~is liable for any tax,~~	143504
~~interest, or penalty upon amounts claimed as qualifying~~	143505
~~distribution center receipts, other than those receipts exempt~~	143506
~~under division (C)(1) of section 5751.011 of the Revised Code,~~	143507
~~that would have otherwise not been owed by its suppliers if the~~	143508
~~qualifying certificate was valid~~does not prevail in the appeal,	143509
the operator shall pay the ineligible operator's supplier tax	143510
liability.	143511

(VII) "Ohio delivery percentage" means the proportion of the	143512
total property delivered to a destination inside Ohio from the	143513
qualified distribution center during the qualifying period	143514
compared with total deliveries from such distribution center	143515
everywhere during the qualifying period.	143516

(VIII) "Refining facility" means one or more buildings	143517
located in a county in the Appalachian region of this state as	143518
defined by section 107.21 of the Revised Code and utilized for	143519
refining or smelting gold, silver, platinum, or palladium to a	143520
grade and fineness acceptable for delivery to a registered	143521
commodities exchange.	143522

(IX) "Registered commodities exchange" means a board of	143523
trade, such as New York mercantile exchange, inc. or commodity	143524
exchange, inc., designated as a contract market by the commodity	143525
futures trading commission under the "Commodity Exchange Act," 7	143526
U.S.C. 1 et seq., as amended.	143527

(X) "Ineligible operator's supplier tax liability" means an	143528
amount equal to the tax liability of all suppliers of a	143529
distribution center had the distribution center not been issued a	143530
qualifying certificate for the qualifying year. Ineligible	143531
operator's supplier tax liability shall not include interest or	143532
penalties. The tax commissioner shall determine an ineligible	143533
operator's supplier tax liability based on information that the	143534
commissioner may request from the operator of the distribution	143535
center. An operator shall provide a list of all suppliers of the	143536
distribution center and the corresponding costs of qualified	143537
property for the qualifying year at issue within sixty days of a	143538
request by the commissioner under this division.	143539

(ii)(I) If the distribution center is new and was not open	143540
for the entire qualifying period, the operator of the distribution	143541
center may request that the commissioner grant a qualifying	143542
certificate. If the certificate is granted and it is later	143543
determined that more than fifty per cent of the qualified property	143544
during that year was not shipped to a location such that it would	143545
be sitused outside of this state under the provisions of division	143546
(E) of section 5751.033 of the Revised Code or if it is later	143547
determined that the person that operates the distribution center	143548
had average monthly costs from its suppliers of less than forty	143549
million dollars during that year, then the operator of the	143550
distribution center shall pay ~~a penalty for that year equal to~~	143551
~~five hundred thousand dollars~~the ineligible operator's supplier	143552
tax liability. (For purposes of division (F)(2)(z)(ii) of this	143553
section, "supplier" excludes any person that is part of the	143554
consolidated elected taxpayer group, if applicable, of the	143555
operator of the qualified distribution center.)	143556

(II) The commissioner may grant a qualifying certificate to a	143557
distribution center that does not qualify as a qualified	143558
distribution center for an entire qualifying period if the	143559
operator of the distribution center demonstrates that the business	143560
operations of the distribution center have changed or will change	143561
such that the distribution center will qualify as a qualified	143562
distribution center within thirty-six months after the date the	143563
operator first applies for a certificate. If, at the end of that	143564
thirty-six-month period, the business operations of the	143565
distribution center have not changed such that the distribution	143566
center qualifies as a qualified distribution center, the operator	143567
of the distribution center shall pay ~~a penalty equal to five~~	143568
~~hundred thousand dollars~~the ineligible operator's supplier tax	143569
liability for each year that the distribution center received a	143570
certificate but did not qualify as a qualified distribution	143571
center. For each year the distribution center receives a	143572
certificate under division (F)(2)(z)(ii)(II) of this section, the	143573
distribution center shall pay all applicable fees required under	143574
division (F)(2)(z) of this section and shall submit an updated	143575
business plan showing the progress the distribution center made	143576
toward qualifying as a qualified distribution center during the	143577
preceding year.	143578

(III) An operator may appeal ~~the imposition of~~ a ~~penalty~~	143579
~~imposed~~determination under division (F)(2)(z)(ii)(I) or (II) of	143580
this section that the ineligible operator is liable for the	143581
operator's supplier tax liability as a result of not qualifying as	143582
a qualified distribution center, as provided in section 5717.02 of	143583
the Revised Code.	143584

(iii) When filing an application for a qualifying certificate	143585
under division (F)(2)(z)(i)(VI) of this section, the operator of a	143586
qualified distribution center also shall provide documentation, as	143587
the commissioner requires, for the commissioner to ascertain the	143588
Ohio delivery percentage. The commissioner, upon issuing the	143589
qualifying certificate, also shall certify the Ohio delivery	143590
percentage. The operator of the qualified distribution center may	143591
appeal the commissioner's certification of the Ohio delivery	143592
percentage in the same manner as an appeal is taken from the	143593
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	143594
of this section.	143595

~~Within thirty days after all appeals have been exhausted, the~~	143596
~~operator of the qualified distribution center shall provide the~~	143597
~~commissioner with a list of all affected suppliers of qualified~~	143598
~~property. The commissioner shall notify all such suppliers that~~	143599
~~the suppliers are required to file, within sixty days after~~	143600
~~receiving the notice, amended reports for the affected calendar~~	143601
~~quarter or quarters or calendar year, whichever the case may be.~~	143602
~~Any additional tax liability or tax overpayment shall be subject~~	143603
~~to interest but shall not be subject to the imposition of any~~	143604
~~penalty so long as the amended returns are timely filed. The~~	143605
~~supplier of tangible personal property delivered to the qualified~~	143606
~~distribution center shall include in its report of taxable gross~~	143607
~~receipts the receipts from the total sales of property delivered~~	143608
~~to the qualified distribution center for the calendar quarter or~~	143609
~~calendar year, whichever the case may be, multiplied by the Ohio~~	143610
~~delivery percentage for the qualifying year. Nothing in division~~	143611
~~(F)(2)(z)(iii) of this section shall be construed as imposing~~	143612
~~liability on the operator of a qualified distribution center for~~	143613
~~the tax imposed by this chapter arising from any change to the~~	143614
~~Ohio delivery percentage.~~	143615

(iv)(I) In the case where the distribution center is new and	143616
not open for the entire qualifying period, the operator shall make	143617
a good faith estimate of an Ohio delivery percentage for use by	143618
suppliers in their reports of taxable gross receipts for the	143619
remainder of the qualifying period. The operator of the facility	143620
shall disclose to the suppliers that such Ohio delivery percentage	143621
is an estimate and is subject to recalculation. By the due date of	143622
the next application for a qualifying certificate, the operator	143623
shall determine the actual Ohio delivery percentage for the	143624
estimated qualifying period and proceed as provided in division	143625
(F)(2)(z)(iii) of this section with respect to the calculation and	143626
recalculation of the Ohio delivery percentage. The supplier is	143627
required to file, within sixty days after receiving notice from	143628
the operator of the qualified distribution center, amended reports	143629
for the impacted calendar quarter or quarters or calendar year,	143630
whichever the case may be. Any additional tax liability or tax	143631
overpayment shall be subject to interest but shall not be subject	143632
to the imposition of any penalty so long as the amended returns	143633
are timely filed.	143634

(II) The operator of a distribution center that receives a	143635
qualifying certificate under division (F)(2)(z)(ii)(II) of this	143636
section shall make a good faith estimate of the Ohio delivery	143637
percentage that the operator estimates will apply to the	143638
distribution center at the end of the thirty-six-month period	143639
after the operator first applied for a qualifying certificate	143640
under that division. The result of the estimate shall be	143641
multiplied by a factor of one and seventy-five one-hundredths. The	143642
product of that calculation shall be the Ohio delivery percentage	143643
used by suppliers in their reports of taxable gross receipts for	143644
each qualifying year that the distribution center receives a	143645
qualifying certificate under division (F)(2)(z)(ii)(II) of this	143646
section, except that, if the product is less than five per cent,	143647
the Ohio delivery percentage used shall be five per cent and that,	143648
if the product exceeds forty-nine per cent, the Ohio delivery	143649
percentage used shall be forty-nine per cent.	143650

(v) Qualifying certificates and Ohio delivery percentages	143651
issued by the commissioner shall be open to public inspection and	143652
shall be timely published by the commissioner. A supplier relying	143653
in good faith on a certificate issued under this division shall	143654
not be subject to tax on the qualifying distribution center	143655
receipts under division (F)(2)(z) of this section. ~~A person~~An	143656
operator receiving a qualifying certificate is liable for a	143657
~~penalty equal to five hundred thousand dollars~~the ineligible	143658
operator's supplier tax liability for each year the ~~person~~	143659
operator received a certificate ~~that should not have been issued~~	143660
~~because the statutory requirements were in fact not met~~but did	143661
not qualify as a qualified distribution center.	143662

(vi) The annual fee for a qualifying certificate shall be one	143663
hundred thousand dollars for each qualified distribution center.	143664
If a qualifying certificate is not issued, the annual fee is	143665
subject to refund after the exhaustion of all appeals provided for	143666
in division (F)(2)(z)(i)(VI) of this section. ~~The fee imposed~~	143667
~~under this division may be assessed in the same manner as the tax~~	143668
~~imposed under this chapter.~~ The first one hundred thousand dollars	143669
of the annual application fees collected each calendar year shall	143670
be credited to the revenue enhancement fund. The remainder of the	143671
annual application fees collected shall be distributed in the same	143672
manner required under section 5751.20 of the Revised Code.	143673

(vii) The tax commissioner may require that adequate security	143674
be posted by the operator of the distribution center on appeal	143675
when the commissioner disagrees that the applicant has met the	143676
minimum thresholds for a qualified distribution center as set	143677
forth in ~~divisions (F)(2)(z)(i)(VI) and~~division (F)(2)(z)~~(ii)~~ of	143678
this section.	143679

(aa) Receipts of an employer from payroll deductions relating	143680
to the reimbursement of the employer for advancing moneys to an	143681
unrelated third party on an employee's behalf;	143682

(bb) Cash discounts allowed and taken;

143683

(cc) Returns and allowances;

143684

(dd) Bad debts from receipts on the basis of which the tax	143685
imposed by this chapter was paid in a prior quarterly tax payment	143686
period. For the purpose of this division, "bad debts" means any	143687
debts that have become worthless or uncollectible between the	143688
preceding and current quarterly tax payment periods, have been	143689
uncollected for at least six months, and that may be claimed as a	143690
deduction under section 166 of the Internal Revenue Code and the	143691
regulations adopted under that section, or that could be claimed	143692
as such if the taxpayer kept its accounts on the accrual basis.	143693
"Bad debts" does not include repossessed property, uncollectible	143694
amounts on property that remains in the possession of the taxpayer	143695
until the full purchase price is paid, or expenses in attempting	143696
to collect any account receivable or for any portion of the debt	143697
recovered;	143698

(ee) Any amount realized from the sale of an account	143699
receivable to the extent the receipts from the underlying	143700
transaction giving rise to the account receivable were included in	143701
the gross receipts of the taxpayer;	143702

(ff) Any receipts directly attributed to a transfer agreement	143703
or to the enterprise transferred under that agreement under	143704
section 4313.02 of the Revised Code.	143705

(gg)(i) As used in this division:

143706

(I) "Qualified uranium receipts" means receipts from the	143707
sale, exchange, lease, loan, production, processing, or other	143708
disposition of uranium within a uranium enrichment zone certified	143709
by the tax commissioner under division (F)(2)(gg)(ii) of this	143710
section. "Qualified uranium receipts" does not include any	143711
receipts with a situs in this state outside a uranium enrichment	143712
zone certified by the tax commissioner under division	143713
(F)(2)(gg)(ii) of this section.	143714

(II) "Uranium enrichment zone" means all real property that	143715
is part of a uranium enrichment facility licensed by the United	143716
States nuclear regulatory commission and that was or is owned or	143717
controlled by the United States department of energy or its	143718
successor.	143719

(ii) Any person that owns, leases, or operates real or	143720
tangible personal property constituting or located within a	143721
uranium enrichment zone may apply to the tax commissioner to have	143722
the uranium enrichment zone certified for the purpose of excluding	143723
qualified uranium receipts under division (F)(2)(gg) of this	143724
section. The application shall include such information that the	143725
tax commissioner prescribes. Within sixty days after receiving the	143726
application, the tax commissioner shall certify the zone for that	143727
purpose if the commissioner determines that the property qualifies	143728
as a uranium enrichment zone as defined in division (F)(2)(gg) of	143729
this section, or, if the tax commissioner determines that the	143730
property does not qualify, the commissioner shall deny the	143731
application or request additional information from the applicant.	143732
If the tax commissioner denies an application, the commissioner	143733
shall state the reasons for the denial. The applicant may appeal	143734
the denial of an application to the board of tax appeals pursuant	143735
to section 5717.02 of the Revised Code. If the applicant files a	143736
timely appeal, the tax commissioner shall conditionally certify	143737
the applicant's property. The conditional certification shall	143738
expire when all of the applicant's appeals are exhausted. Until	143739
final resolution of the appeal, the applicant shall retain the	143740
applicant's records in accordance with section 5751.12 of the	143741
Revised Code, notwithstanding any time limit on the preservation	143742
of records under that section.	143743

(hh) ~~Amounts realized by licensed motor fuel dealers or~~	143744
~~licensed permissive motor fuel dealers from the exchange of~~	143745
~~petroleum products, including motor fuel, between such dealers,~~	143746
~~provided that delivery of the petroleum products occurs at a~~	143747
~~refinery, terminal, pipeline, or marine vessel and that the~~	143748
~~exchanging dealers agree neither dealer shall require monetary~~	143749
~~compensation from the other for the value of the exchanged~~	143750
~~petroleum products other than such compensation for differences in~~	143751
~~product location or grade. Division (F)(2)(hh) of this section~~	143752
~~does not apply to amounts realized as a result of differences in~~	143753
~~location or grade of exchanged petroleum products or from~~	143754
~~handling, lubricity, dye, or other additive injections fees,~~	143755
~~pipeline security fees, or similar fees. As used in this division,~~	143756
~~"motor fuel," "licensed motor fuel dealer," "licensed permissive~~	143757
~~motor fuel dealer," and "terminal"~~ ~~have~~ the same meanings as in	143758
section 5735.01 of the Revised Code.	143759

~~(ii)~~ In the case of amounts collected by a licensed casino	143760
operator from casino gaming, amounts in excess of the casino	143761
operator's gross casino revenue. In this division, "casino	143762
operator" and "casino gaming" have the meanings defined in section	143763
3772.01 of the Revised Code, and "gross casino revenue" has the	143764
meaning defined in section 5753.01 of the Revised Code.	143765

~~(jj)~~(ii) Receipts realized from the sale of agricultural	143766
commodities by an agricultural commodity handler, both as defined	143767
in section 926.01 of the Revised Code, that is licensed by the	143768
director of agriculture to handle agricultural commodities in this	143769
state.	143770

(jj) Any receipts for which the tax imposed by this chapter	143771
is prohibited by the constitution or laws of the United States or	143772
the constitution of this state.	143773

(3) In the case of a taxpayer when acting as a real estate	143774
broker, "gross receipts" includes only the portion of any fee for	143775
the service of a real estate broker, or service of a real estate	143776
salesperson associated with that broker, that is retained by the	143777
broker and not paid to an associated real estate salesperson or	143778
another real estate broker. For the purposes of this division,	143779
"real estate broker" and "real estate salesperson" have the same	143780
meanings as in section 4735.01 of the Revised Code.	143781

(4) A taxpayer's method of accounting for gross receipts for	143782
a tax period shall be the same as the taxpayer's method of	143783
accounting for federal income tax purposes for the taxpayer's	143784
federal taxable year that includes the tax period. If a taxpayer's	143785
method of accounting for federal income tax purposes changes, its	143786
method of accounting for gross receipts under this chapter shall	143787
be changed accordingly.	143788

(G) "Taxable gross receipts" means gross receipts sitused to	143789
this state under section 5751.033 of the Revised Code.	143790

(H) A person has "substantial nexus with this state" if any	143791
of the following applies. The person:	143792

(1) Owns or uses a part or all of its capital in this state;

143793

(2) Holds a certificate of compliance with the laws of this	143794
state authorizing the person to do business in this state;	143795

(3) Has bright-line presence in this state;

143796

(4) Otherwise has nexus with this state to an extent that the	143797
person can be required to remit the tax imposed under this chapter	143798
under the Constitution of the United States.	143799

(I) A person has "bright-line presence" in this state for a	143800
reporting period and for the remaining portion of the calendar	143801
year if any of the following applies. The person:	143802

(1) Has at any time during the calendar year property in this	143803
state with an aggregate value of at least fifty thousand dollars.	143804
For the purpose of division (I)(1) of this section, owned property	143805
is valued at original cost and rented property is valued at eight	143806
times the net annual rental charge.	143807

(2) Has during the calendar year payroll in this state of at	143808
least fifty thousand dollars. Payroll in this state includes all	143809
of the following:	143810

(a) Any amount subject to withholding by the person under	143811
section 5747.06 of the Revised Code;	143812

(b) Any other amount the person pays as compensation to an	143813
individual under the supervision or control of the person for work	143814
done in this state; and	143815

(c) Any amount the person pays for services performed in this	143816
state on its behalf by another.	143817

(3) Has during the calendar year taxable gross receipts of at	143818
least five hundred thousand dollars.	143819

(4) Has at any time during the calendar year within this	143820
state at least twenty-five per cent of the person's total	143821
property, total payroll, or total gross receipts.	143822

(5) Is domiciled in this state as an individual or for	143823
corporate, commercial, or other business purposes.	143824

(J) "Tangible personal property" has the same meaning as in	143825
section 5739.01 of the Revised Code.	143826

(K) "Internal Revenue Code" means the Internal Revenue Code	143827
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	143828
this chapter that is not otherwise defined has the same meaning as	143829
when used in a comparable context in the laws of the United States	143830
relating to federal income taxes unless a different meaning is	143831
clearly required. Any reference in this chapter to the Internal	143832
Revenue Code includes other laws of the United States relating to	143833
federal income taxes.	143834

(L) "Calendar quarter" means a three-month period ending on	143835
the thirty-first day of March, the thirtieth day of June, the	143836
thirtieth day of September, or the thirty-first day of December.	143837

(M) "Tax period" means the calendar quarter or calendar year	143838
on the basis of which a taxpayer is required to pay the tax	143839
imposed under this chapter.	143840

(N) "Calendar year taxpayer" means a taxpayer for which the	143841
tax period is a calendar year.	143842

(O) "Calendar quarter taxpayer" means a taxpayer for which	143843
the tax period is a calendar quarter.	143844

(P) "Agent" means a person authorized by another person to	143845
act on its behalf to undertake a transaction for the other,	143846
including any of the following:	143847

(1) A person receiving a fee to sell financial instruments;

143848

(2) A person retaining only a commission from a transaction	143849
with the other proceeds from the transaction being remitted to	143850
another person;	143851

(3) A person issuing licenses and permits under section	143852
1533.13 of the Revised Code;	143853

(4) A lottery sales agent holding a valid license issued	143854
under section 3770.05 of the Revised Code;	143855

(5) A person acting as an agent of the division of liquor	143856
control under section 4301.17 of the Revised Code.	143857

(Q) "Received" includes amounts accrued under the accrual	143858
method of accounting.	143859

(R) "Reporting person" means a person in a consolidated	143860
elected taxpayer or combined taxpayer group that is designated by	143861
that group to legally bind the group for all filings and tax	143862
liabilities and to receive all legal notices with respect to	143863
matters under this chapter, or, for the purposes of section	143864
5751.04 of the Revised Code, a separate taxpayer that is not a	143865
member of such a group.	143866

Sec. 5751.02. (A) For the purpose of funding the needs of	143867
this state and its local governments ~~and providing revenue to the~~	143868
~~commercial activity tax motor fuel receipts fund~~, there is hereby	143869
levied a commercial activity tax on each person with taxable gross	143870
receipts for the privilege of doing business in this state. For	143871
the purposes of this chapter, "doing business" means engaging in	143872
any activity, whether legal or illegal, that is conducted for, or	143873
results in, gain, profit, or income, at any time during a calendar	143874
year. Persons on which the commercial activity tax is levied	143875
include, but are not limited to, persons with substantial nexus	143876
with this state. The tax imposed under this section is not a	143877
transactional tax and is not subject to Public Law No. 86-272, 73	143878
Stat. 555. The tax imposed under this section is in addition to	143879
any other taxes or fees imposed under the Revised Code. The tax	143880
levied under this section is imposed on the person receiving the	143881
gross receipts and is not a tax imposed directly on a purchaser.	143882
The tax imposed by this section is an annual privilege tax for the	143883
calendar year that, in the case of calendar year taxpayers, is the	143884
annual tax period and, in the case of calendar quarter taxpayers,	143885
contains all quarterly tax periods in the calendar year. A	143886
taxpayer is subject to the annual privilege tax for doing business	143887
during any portion of such calendar year.	143888

(B) The tax imposed by this section is a tax on the taxpayer	143889
and shall not be billed or invoiced to another person. Even if the	143890
tax or any portion thereof is billed or invoiced and separately	143891
stated, such amounts remain part of the price for purposes of the	143892
sales and use taxes levied under Chapters 5739. and 5741. of the	143893
Revised Code. Nothing in division (B) of this section prohibits:	143894

(1) A person from including in the price charged for a good	143895
or service an amount sufficient to recover the tax imposed by this	143896
section; or	143897

(2) A lessor from including an amount sufficient to recover	143898
the tax imposed by this section in a lease payment charged, or	143899
from including such an amount on a billing or invoice pursuant to	143900
the terms of a written lease agreement providing for the recovery	143901
of the lessor's tax costs. The recovery of such costs shall be	143902
based on an estimate of the total tax cost of the lessor during	143903
the tax period, as the tax liability of the lessor cannot be	143904
calculated until the end of that period.	143905

Sec. 5751.051. (A)(1) Not later than the tenth day of the	143906
second month after the end of each calendar quarter, every	143907
taxpayer other than a calendar year taxpayer shall file with the	143908
tax commissioner a tax return in such form as the commissioner	143909
prescribes. The return shall include, but is not limited to, the	143910
amount of the taxpayer's taxable gross receipts for the calendar	143911
quarter and shall indicate the amount of tax due under section	143912
5751.03 of the Revised Code for the calendar quarter. ~~The taxpayer~~	143913
~~shall indicate on the return the portion of the taxpayer's~~	143914
~~receipts attributable to motor fuel used for propelling vehicles~~	143915
~~on public highways.~~	143916

(2)(a) Subject to division (C) of section 5751.05 of the	143917
Revised Code, a calendar quarter taxpayer shall report the taxable	143918
gross receipts for that calendar quarter.	143919

(b) With respect to taxable gross receipts incorrectly	143920
reported in a calendar quarter that has a lower tax rate, the tax	143921
shall be computed at the tax rate in effect for the quarterly	143922
return in which such receipts should have been reported. Nothing	143923
in division (A)(2)(b) of this section prohibits a taxpayer from	143924
filing an application for refund under section 5751.08 of the	143925
Revised Code with regard to the incorrect reporting of taxable	143926
gross receipts discovered after filing the annual return described	143927
in division (A)(3) of this section.	143928

A tax return shall not be deemed to be an incorrect reporting	143929
of taxable gross receipts for the purposes of division (A)(2)(b)	143930
of this section if the return reflects between ninety-five and one	143931
hundred five per cent of the actual taxable gross receipts for the	143932
calendar quarter.	143933

(3) For the purposes of division (A)(2)(b) of this section,	143934
the tax return filed for the fourth calendar quarter of a calendar	143935
year is the annual return for the privilege tax imposed by this	143936
chapter. Such return shall report any additional taxable gross	143937
receipts not previously reported in the calendar year and shall	143938
adjust for any over-reported taxable gross receipts in the	143939
calendar year. If the taxpayer ceases to be a taxpayer before the	143940
end of the calendar year, the last return the taxpayer is required	143941
to file shall be the annual return for the taxpayer and the	143942
taxpayer shall report any additional taxable gross receipts not	143943
previously reported in the calendar year and shall adjust for any	143944
over-reported taxable gross receipts in the calendar year.	143945
~~Taxpayers reporting taxable gross receipts attributable to motor~~	143946
~~fuel used for propelling vehicles on public highways may not~~	143947
~~utilize the statutory estimation procedure provided in divisions~~	143948
~~(A)(2) and (3) of this section.~~	143949

(4) Because the tax imposed by this chapter is a privilege	143950
tax, the tax rate with respect to taxable gross receipts for a	143951
calendar quarter is not fixed until the end of the measurement	143952
period for each calendar quarter. Subject to division (A)(2)(b) of	143953
this section, the total amount of taxable gross receipts reported	143954
for a given calendar quarter shall be subject to the tax rate in	143955
effect in that quarter.	143956

(5) Not later than the tenth day of May following the end of	143957
each calendar year, every calendar year taxpayer shall file with	143958
the tax commissioner a tax return in such form as the commissioner	143959
prescribes. The return shall include, but is not limited to, the	143960
amount of the taxpayer's taxable gross receipts for the calendar	143961
year and shall indicate the amount of tax due under section	143962
5751.03 of the Revised Code for the calendar year. ~~The taxpayer~~	143963
~~shall indicate on the return the portion of the taxpayer's~~	143964
~~receipts attributable to motor fuel used for propelling vehicles~~	143965
~~on public highways.~~	143966

(B)(1) A person that first becomes subject to the tax imposed	143967
under this chapter shall pay the minimum tax imposed under	143968
division (B) of section 5751.03 of the Revised Code on or before	143969
the day the return is required to be filed for that quarter under	143970
division (A)(1) of this section, regardless of whether the person	143971
registers as a calendar year taxpayer under section 5751.05 of the	143972
Revised Code.	143973

(2) The amount of the minimum tax for a person subject to	143974
division (B)(1) of this section shall be reduced to seventy-five	143975
dollars if the registration is timely filed after the first day of	143976
May and before the first day of January of the following calendar	143977
year.	143978

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	143979
~~calendar quarter~~under this chapter shall remit each tax payment,	143980
and, if required by the tax commissioner, file the tax return or	143981
the annual report, electronically. The commissioner may require	143982
taxpayers to use the Ohio business gateway as defined in section	143983
718.051 of the Revised Code to file returns and remit the tax, or	143984
may provide another means for taxpayers to file and remit the tax	143985
electronically.	143986

(B) A person required by this section to remit taxes or file	143987
returns electronically may apply to the tax commissioner, on the	143988
form prescribed by the commissioner, to be excused from that	143989
requirement. The commissioner may excuse a person from the	143990
requirements of this division for good cause.	143991

(C)(1) If a person required to remit taxes or file a return	143992
electronically under this section fails to do so, the commissioner	143993
may impose a penalty not to exceed the following:	143994

(a) For either of the first two ~~calendar quarters~~tax periods	143995
the person so fails, the greater of twenty-five dollars or five	143996
per cent of the amount of the payment that was required to be	143997
remitted;	143998

(b) For the third and any subsequent ~~calendar quarters~~tax	143999
periods the person so fails, the greater of fifty dollars or ten	144000
per cent of the amount of the payment that was required to be	144001
remitted.	144002

(2) The penalty imposed under division (C)(1) of this section	144003
is in addition to any other penalty imposed under this chapter and	144004
shall be considered as revenue arising from the tax imposed under	144005
this chapter. A penalty may be collected by assessment in the	144006
manner prescribed by section 5751.09 of the Revised Code. The tax	144007
commissioner may abate all or a portion of such a penalty.	144008

(D) The tax commissioner may adopt rules necessary to	144009
administer this section.	144010

Sec. 5751.081. As used in this section, "debt to this state"	144011
means unpaid taxes due the state, unpaid workers' compensation	144012
premiums due under section 4123.35 of the Revised Code, unpaid	144013
unemployment compensation contributions due under section 4141.25	144014
of the Revised Code, unpaid unemployment compensation payment in	144015
lieu of contribution under section 4141.241 of the Revised Code,	144016
unpaid ~~fee~~fees payable to the state or to the clerk of courts	144017
pursuant to section 4505.06 of the Revised Code, incorrect ~~medical~~	144018
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	144019
~~the Revised Code~~the medicaid program, or any unpaid charge,	144020
penalty, or interest arising from any of the foregoing.	144021

If a taxpayer entitled to a refund under section 5751.08 of	144022
the Revised Code owes any debt to this state, the amount	144023
refundable may be applied in satisfaction of the debt. If the	144024
amount refundable is less than the amount of the debt, it may be	144025
applied in partial satisfaction of the debt. If the amount	144026
refundable is greater than the amount of the debt, the amount	144027
remaining after satisfaction of the debt shall be refunded. This	144028
section applies only to debts that have become final. For the	144029
purposes of this section, a debt becomes final when, under the	144030
applicable law, any time provided for petition for reassessment,	144031
request for reconsideration, or other appeal of the legality or	144032
validity of the amount giving rise to the debt expires without an	144033
appeal having been filed in the manner provided by law.	144034

Sec. 5751.09. (A) The tax commissioner may make an	144035
assessment, based on any information in the commissioner's	144036
possession, against any person that fails to file a return or pay	144037
any tax as required by this chapter. The commissioner shall give	144038
the person assessed written notice of the assessment as provided	144039
in section 5703.37 of the Revised Code. With the notice, the	144040
commissioner shall provide instructions on the manner in which to	144041
petition for reassessment and request a hearing with respect to	144042
the petition. The commissioner shall send any assessments against	144043
consolidated elected taxpayer and combined taxpayer groups under	144044
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	144045
"reporting person" as defined under division (R) of section	144046
5751.01 of the Revised Code. The reporting person shall notify all	144047
members of the group of the assessment and all outstanding taxes,	144048
interest, and penalties for which the assessment is issued.	144049

(B) Unless the person assessed, within sixty days after	144050
service of the notice of assessment, files with the tax	144051
commissioner, either personally or by certified mail, a written	144052
petition signed by the person or the person's authorized agent	144053
having knowledge of the facts, the assessment becomes final, and	144054
the amount of the assessment is due and payable from the person	144055
assessed to the treasurer of state. The petition shall indicate	144056
the objections of the person assessed, but additional objections	144057
may be raised in writing if received by the commissioner prior to	144058
the date shown on the final determination.	144059

If a petition for reassessment has been properly filed, the	144060
commissioner shall proceed under section 5703.60 of the Revised	144061
Code.	144062

(C)(1) After an assessment becomes final, if any portion of	144063
the assessment, including accrued interest, remains unpaid, a	144064
certified copy of the tax commissioner's entry making the	144065
assessment final may be filed in the office of the clerk of the	144066
court of common pleas in the county in which the person resides or	144067
has its principal place of business in this state, or in the	144068
office of the clerk of court of common pleas of Franklin county.	144069

(2) Immediately upon the filing of the entry, the clerk shall	144070
enter judgment for the state against the person assessed in the	144071
amount shown on the entry. The judgment may be filed by the clerk	144072
in a loose-leaf book entitled, "special judgments for the	144073
commercial activity tax" and shall have the same effect as other	144074
judgments. Execution shall issue upon the judgment at the request	144075
of the tax commissioner, and all laws applicable to sales on	144076
execution shall apply to sales made under the judgment.	144077

(3) ~~The portion of~~If the assessment is not paid in its	144078
entirety within sixty days after the day the assessment was	144079
issued, the portion of the assessment consisting of tax due shall	144080
bear interest at the rate per annum prescribed by section 5703.47	144081
of the Revised Code from the day the tax commissioner issues the	144082
assessment until it is paid or until it is certified to the	144083
attorney general for collection under section 131.02 of the	144084
Revised Code, whichever comes first. If the unpaid portion of the	144085
assessment is certified to the attorney general for collection,	144086
the entire unpaid portion of the assessment shall bear interest at	144087
the rate per annum prescribed by section 5703.47 of the Revised	144088
Code from the date of certification until the date it is paid in	144089
its entirety. Interest shall be paid in the same manner as the tax	144090
and may be collected by the issuance of an assessment under this	144091
section.	144092

(D) If the tax commissioner believes that collection of the	144093
tax will be jeopardized unless proceedings to collect or secure	144094
collection of the tax are instituted without delay, the	144095
commissioner may issue a jeopardy assessment against the person	144096
liable for the tax. Immediately upon the issuance of the jeopardy	144097
assessment, the commissioner shall file an entry with the clerk of	144098
the court of common pleas in the manner prescribed by division (C)	144099
of this section. Notice of the jeopardy assessment shall be served	144100
on the person assessed or the person's authorized agent in the	144101
manner provided in section 5703.37 of the Revised Code within five	144102
days of the filing of the entry with the clerk. The total amount	144103
assessed is immediately due and payable, unless the person	144104
assessed files a petition for reassessment in accordance with	144105
division (B) of this section and provides security in a form	144106
satisfactory to the commissioner and in an amount sufficient to	144107
satisfy the unpaid balance of the assessment. Full or partial	144108
payment of the assessment does not prejudice the commissioner's	144109
consideration of the petition for reassessment.	144110

(E) The tax commissioner shall immediately forward to the	144111
treasurer of state all amounts the commissioner receives under	144112
this section, and such amounts shall be considered as revenue	144113
arising from the tax imposed under this chapter.	144114

(F) Except as otherwise provided in this division, no	144115
assessment shall be made or issued against a taxpayer for the tax	144116
imposed under this chapter more than four years after the due date	144117
for the filing of the return for the tax period for which the tax	144118
was reported, or more than four years after the return for the tax	144119
period was filed, whichever is later. The time limit may be	144120
extended if both the taxpayer and the commissioner consent in	144121
writing to the extension or enter into an agreement waiving or	144122
extending the time limit. Any such extension shall extend the	144123
four-year time limit in division (B) of section 5751.08 of the	144124
Revised Code for the same period of time. Nothing in this division	144125
bars an assessment against a taxpayer that fails to file a return	144126
required by this chapter or that files a fraudulent return.	144127

(G) If the tax commissioner possesses information that	144128
indicates that the amount of tax a taxpayer is required to pay	144129
under this chapter exceeds the amount the taxpayer paid, the tax	144130
commissioner may audit a sample of the taxpayer's gross receipts	144131
over a representative period of time to ascertain the amount of	144132
tax due, and may issue an assessment based on the audit. The tax	144133
commissioner shall make a good faith effort to reach agreement	144134
with the taxpayer in selecting a representative sample. The tax	144135
commissioner may apply a sampling method only if the commissioner	144136
has prescribed the method by rule.	144137

(H) If the whereabouts of a person subject to this chapter is	144138
not known to the tax commissioner, the commissioner shall follow	144139
the procedures under section 5703.37 of the Revised Code.	144140

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	144141
the Revised Code:	144142

(1) "School district," "joint vocational school district,"	144143
"local taxing unit," "recognized valuation," "fixed-rate levy,"	144144
and "fixed-sum levy" have the same meanings as used in section	144145
5727.84 of the Revised Code.	144146

(2) "State education aid" for a school district means the	144147
following:	144148

(a) For fiscal years prior to fiscal year 2010, the sum of	144149
state aid amounts computed for the district under the following	144150
provisions, as they existed for the applicable fiscal year:	144151
division (A) of section 3317.022 of the Revised Code, including	144152
the amounts calculated under ~~sections~~former section 3317.029 and	144153
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	144154
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	144155
of section 3317.023; divisions (L) and (N) of section 3317.024;	144156
section 3317.0216; and any unit payments for gifted student	144157
services paid under ~~sections~~section 3317.05,and former sections	144158
3317.052, and 3317.053 of the Revised Code; except that, for	144159
fiscal years 2008 and 2009, the amount computed for the district	144160
under Section 269.20.80 of H.B. 119 of the 127th general assembly	144161
and as that section subsequently may be amended shall be	144162
substituted for the amount computed under division (D) of section	144163
3317.022 of the Revised Code, and the amount computed under	144164
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	144165
that section subsequently may be amended shall be included.	144166

(b) For fiscal years 2010 and 2011, the sum of the amounts	144167
computed under former sections 3306.052, 3306.12, 3306.13,	144168
3306.19, 3306.191, and 3306.192 of the Revised Code;	144169

(c) For fiscal years 2012 and 2013, the sum of the amounts	144170
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	144171
153 of the 129th general assembly;	144172

(d) For fiscal year 2014 and each fiscal year thereafter, the	144173
sum of state amounts computed for the district under section	144174
3317.022 of the Revised Code; except that, for fiscal years 2014	144175
and 2015, the amount computed for the district under the section	144176
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	144177
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	144178

(3) "State education aid" for a joint vocational school	144179
district means the following:	144180

(a) For fiscal years prior to fiscal year 2010, the sum of	144181
the state aid computed for the district under division (N) of	144182
section 3317.024 and former section 3317.16 of the Revised Code,	144183
except that, for fiscal years 2008 and 2009, the amount computed	144184
under Section 269.30.80 of H.B. 119 of the 127th general assembly	144185
and as that section subsequently may be amended shall be included.	144186

(b) For fiscal years 2010 and 2011, the amount paid in	144187
accordance with Section 265.30.50 of H.B. 1 of the 128th general	144188
assembly.	144189

(c) For fiscal years 2012 and 2013, the amount paid in	144190
accordance with Section 267.30.60 of H.B. 153 of the 129th general	144191
assembly.	144192

(d) For fiscal year 2014 and each fiscal year thereafter, the	144193
amount computed for the district under section 3317.16 of the	144194
Revised Code; except that, for fiscal years 2014 and 2015, the	144195
amount computed for the district under the section of this act	144196
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	144197
shall be included.	144198

(4) "State education aid offset" means the amount determined	144199
for each school district or joint vocational school district under	144200
division (A)(1) of section 5751.21 of the Revised Code.	144201

(5) "Machinery and equipment property tax value loss" means	144202
the amount determined under division (C)(1) of this section.	144203

(6) "Inventory property tax value loss" means the amount	144204
determined under division (C)(2) of this section.	144205

(7) "Furniture and fixtures property tax value loss" means	144206
the amount determined under division (C)(3) of this section.	144207

(8) "Machinery and equipment fixed-rate levy loss" means the	144208
amount determined under division (D)(1) of this section.	144209

(9) "Inventory fixed-rate levy loss" means the amount	144210
determined under division (D)(2) of this section.	144211

(10) "Furniture and fixtures fixed-rate levy loss" means the	144212
amount determined under division (D)(3) of this section.	144213

(11) "Total fixed-rate levy loss" means the sum of the	144214
machinery and equipment fixed-rate levy loss, the inventory	144215
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	144216
loss, and the telephone company fixed-rate levy loss.	144217

(12) "Fixed-sum levy loss" means the amount determined under	144218
division (E) of this section.	144219

(13) "Machinery and equipment" means personal property	144220
subject to the assessment rate specified in division (F) of	144221
section 5711.22 of the Revised Code.	144222

(14) "Inventory" means personal property subject to the	144223
assessment rate specified in division (E) of section 5711.22 of	144224
the Revised Code.	144225

(15) "Furniture and fixtures" means personal property subject	144226
to the assessment rate specified in division (G) of section	144227
5711.22 of the Revised Code.	144228

(16) "Qualifying levies" are levies in effect for tax year	144229
2004 or applicable to tax year 2005 or approved at an election	144230
conducted before September 1, 2005. For the purpose of determining	144231
the rate of a qualifying levy authorized by section 5705.212 or	144232
5705.213 of the Revised Code, the rate shall be the rate that	144233
would be in effect for tax year 2010.	144234

(17) "Telephone property" means tangible personal property of	144235
a telephone, telegraph, or interexchange telecommunications	144236
company subject to an assessment rate specified in section	144237
5727.111 of the Revised Code in tax year 2004.	144238

(18) "Telephone property tax value loss" means the amount	144239
determined under division (C)(4) of this section.	144240

(19) "Telephone property fixed-rate levy loss" means the	144241
amount determined under division (D)(4) of this section.	144242

(20) "Taxes charged and payable" means taxes charged and	144243
payable after the reduction required by section 319.301 of the	144244
Revised Code but before the reductions required by sections	144245
319.302 and 323.152 of the Revised Code.	144246

(21) "Median estate tax collections" means, in the case of a	144247
municipal corporation to which revenue from the taxes levied in	144248
Chapter 5731. of the Revised Code was distributed in each of	144249
calendar years 2006, 2007, 2008, and 2009, the median of those	144250
distributions. In the case of a municipal corporation to which no	144251
distributions were made in one or more of those years, "median	144252
estate tax collections" means zero.	144253

(22) "Total resources," in the case of a school district,	144254
means the sum of the amounts in divisions (A)(22)(a) to (h) of	144255
this section less any reduction required under division (A)(32) or	144256
(33) of this section.	144257

(a) The state education aid for fiscal year 2010;

144258

(b) The sum of the payments received by the school district	144259
in fiscal year 2010 for current expense levy losses pursuant to	144260
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	144261
section 5751.21 of the Revised Code, excluding the portion of such	144262
payments attributable to levies for joint vocational school	144263
district purposes;	144264

(c) The sum of fixed-sum levy loss payments received by the	144265
school district in fiscal year 2010 pursuant to division (E)(1) of	144266
section 5727.85 and division (E)(1) of section 5751.21 of the	144267
Revised Code for fixed-sum levies charged and payable for a	144268
purpose other than paying debt charges;	144269

(d) Fifty per cent of the school district's taxes charged and	144270
payable against all property on the tax list of real and public	144271
utility property for current expense purposes for tax year 2008,	144272
including taxes charged and payable from emergency levies charged	144273
and payable under section 5709.194 of the Revised Code and	144274
excluding taxes levied for joint vocational school district	144275
purposes;	144276

(e) Fifty per cent of the school district's taxes charged and	144277
payable against all property on the tax list of real and public	144278
utility property for current expenses for tax year 2009, including	144279
taxes charged and payable from emergency levies and excluding	144280
taxes levied for joint vocational school district purposes;	144281

(f) The school district's taxes charged and payable against	144282
all property on the general tax list of personal property for	144283
current expenses for tax year 2009, including taxes charged and	144284
payable from emergency levies;	144285

(g) The amount certified for fiscal year 2010 under division	144286
(A)(2) of section 3317.08 of the Revised Code;	144287

(h) Distributions received during calendar year 2009 from	144288
taxes levied under section 718.09 of the Revised Code.	144289

(23) "Total resources," in the case of a joint vocational	144290
school district, means the sum of amounts in divisions (A)(23)(a)	144291
to (g) of this section less any reduction required under division	144292
(A)(32) of this section.	144293

(a) The state education aid for fiscal year 2010;

144294

(b) The sum of the payments received by the joint vocational	144295
school district in fiscal year 2010 for current expense levy	144296
losses pursuant to division (C)(2) of section 5727.85 and	144297
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	144298

(c) Fifty per cent of the joint vocational school district's	144299
taxes charged and payable against all property on the tax list of	144300
real and public utility property for current expense purposes for	144301
tax year 2008;	144302

(d) Fifty per cent of the joint vocational school district's	144303
taxes charged and payable against all property on the tax list of	144304
real and public utility property for current expenses for tax year	144305
2009;	144306

(e) Fifty per cent of a city, local, or exempted village	144307
school district's taxes charged and payable against all property	144308
on the tax list of real and public utility property for current	144309
expenses of the joint vocational school district for tax year	144310
2008;	144311

(f) Fifty per cent of a city, local, or exempted village	144312
school district's taxes charged and payable against all property	144313
on the tax list of real and public utility property for current	144314
expenses of the joint vocational school district for tax year	144315
2009;	144316

(g) The joint vocational school district's taxes charged and	144317
payable against all property on the general tax list of personal	144318
property for current expenses for tax year 2009.	144319

(24) "Total resources," in the case of county mental health	144320
and disability related functions, means the sum of the amounts in	144321
divisions (A)(24)(a) and (b) of this section less any reduction	144322
required under division (A)(32) of this section.	144323

(a) The sum of the payments received by the county for mental	144324
health and developmental disability related functions in calendar	144325
year 2010 under division (A)(1) of section 5727.86 and divisions	144326
(A)(1) and (2) of section 5751.22 of the Revised Code as they	144327
existed at that time;	144328

(b) With respect to taxes levied by the county for mental	144329
health and developmental disability related purposes, the taxes	144330
charged and payable for such purposes against all property on the	144331
tax list of real and public utility property for tax year 2009.	144332

(25) "Total resources," in the case of county senior services	144333
related functions, means the sum of the amounts in divisions	144334
(A)(25)(a) and (b) of this section less any reduction required	144335
under division (A)(32) of this section.	144336

(a) The sum of the payments received by the county for senior	144337
services related functions in calendar year 2010 under division	144338
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	144339
5751.22 of the Revised Code as they existed at that time;	144340

(b) With respect to taxes levied by the county for senior	144341
services related purposes, the taxes charged and payable for such	144342
purposes against all property on the tax list of real and public	144343
utility property for tax year 2009.	144344

(26) "Total resources," in the case of county children's	144345
services related functions, means the sum of the amounts in	144346
divisions (A)(26)(a) and (b) of this section less any reduction	144347
required under division (A)(32) of this section.	144348

(a) The sum of the payments received by the county for	144349
children's services related functions in calendar year 2010 under	144350
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	144351
section 5751.22 of the Revised Code as they existed at that time;	144352

(b) With respect to taxes levied by the county for children's	144353
services related purposes, the taxes charged and payable for such	144354
purposes against all property on the tax list of real and public	144355
utility property for tax year 2009.	144356

(27) "Total resources," in the case of county public health	144357
related functions, means the sum of the amounts in divisions	144358
(A)(27)(a) and (b) of this section less any reduction required	144359
under division (A)(32) of this section.	144360

(a) The sum of the payments received by the county for public	144361
health related functions in calendar year 2010 under division	144362
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	144363
5751.22 of the Revised Code as they existed at that time;	144364

(b) With respect to taxes levied by the county for public	144365
health related purposes, the taxes charged and payable for such	144366
purposes against all property on the tax list of real and public	144367
utility property for tax year 2009.	144368

(28) "Total resources," in the case of all county functions	144369
not included in divisions (A)(24) to (27) of this section, means	144370
the sum of the amounts in divisions (A)(28)(a) to (d) of this	144371
section less any reduction required under division (A)(32) or (33)	144372
of this section.	144373

(a) The sum of the payments received by the county for all	144374
other purposes in calendar year 2010 under division (A)(1) of	144375
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	144376
the Revised Code as they existed at that time;	144377

(b) The county's percentage share of county undivided local	144378
government fund allocations as certified to the tax commissioner	144379
for calendar year 2010 by the county auditor under division (J) of	144380
section 5747.51 of the Revised Code or division (F) of section	144381
5747.53 of the Revised Code multiplied by the total amount	144382
actually distributed in calendar year 2010 from the county	144383
undivided local government fund;	144384

(c) With respect to taxes levied by the county for all other	144385
purposes, the taxes charged and payable for such purposes against	144386
all property on the tax list of real and public utility property	144387
for tax year 2009, excluding taxes charged and payable for the	144388
purpose of paying debt charges;	144389

(d) The sum of the amounts distributed to the county in	144390
calendar year 2010 for the taxes levied pursuant to sections	144391
5739.021 and 5741.021 of the Revised Code.	144392

(29) "Total resources," in the case of a municipal	144393
corporation, means the sum of the amounts in divisions (A)(29)(a)	144394
to (g) of this section less any reduction required under division	144395
(A)(32) or (33) of this section.	144396

(a) The sum of the payments received by the municipal	144397
corporation in calendar year 2010 for current expense levy losses	144398
under division (A)(1) of section 5727.86 and divisions (A)(1) and	144399
(2) of section 5751.22 of the Revised Code as they existed at that	144400
time;	144401

(b) The municipal corporation's percentage share of county	144402
undivided local government fund allocations as certified to the	144403
tax commissioner for calendar year 2010 by the county auditor	144404
under division (J) of section 5747.51 of the Revised Code or	144405
division (F) of section 5747.53 of the Revised Code multiplied by	144406
the total amount actually distributed in calendar year 2010 from	144407
the county undivided local government fund;	144408

(c) The sum of the amounts distributed to the municipal	144409
corporation in calendar year 2010 pursuant to section 5747.50 of	144410
the Revised Code;	144411

(d) With respect to taxes levied by the municipal	144412
corporation, the taxes charged and payable against all property on	144413
the tax list of real and public utility property for current	144414
expenses, defined in division (A)(35) of this section, for tax	144415
year 2009;	144416

(e) The amount of admissions tax collected by the municipal	144417
corporation in calendar year 2008, or if such information has not	144418
yet been reported to the tax commissioner, in the most recent year	144419
before 2008 for which the municipal corporation has reported data	144420
to the commissioner;	144421

(f) The amount of income taxes collected by the municipal	144422
corporation in calendar year 2008, or if such information has not	144423
yet been reported to the tax commissioner, in the most recent year	144424
before 2008 for which the municipal corporation has reported data	144425
to the commissioner;	144426

(g) The municipal corporation's median estate tax	144427
collections.	144428

(30) "Total resources," in the case of a township, means the	144429
sum of the amounts in divisions (A)(30)(a) to (c) of this section	144430
less any reduction required under division (A)(32) or (33) of this	144431
section.	144432

(a) The sum of the payments received by the township in	144433
calendar year 2010 pursuant to division (A)(1) of section 5727.86	144434
of the Revised Code and divisions (A)(1) and (2) of section	144435
5751.22 of the Revised Code as they existed at that time,	144436
excluding payments received for debt purposes;	144437

(b) The township's percentage share of county undivided local	144438
government fund allocations as certified to the tax commissioner	144439
for calendar year 2010 by the county auditor under division (J) of	144440
section 5747.51 of the Revised Code or division (F) of section	144441
5747.53 of the Revised Code multiplied by the total amount	144442
actually distributed in calendar year 2010 from the county	144443
undivided local government fund;	144444

(c) With respect to taxes levied by the township, the taxes	144445
charged and payable against all property on the tax list of real	144446
and public utility property for tax year 2009 excluding taxes	144447
charged and payable for the purpose of paying debt charges.	144448

(31) "Total resources," in the case of a local taxing unit	144449
that is not a county, municipal corporation, or township, means	144450
the sum of the amounts in divisions (A)(31)(a) to (e) of this	144451
section less any reduction required under division (A)(32) of this	144452
section.	144453

(a) The sum of the payments received by the local taxing unit	144454
in calendar year 2010 pursuant to division (A)(1) of section	144455
5727.86 of the Revised Code and divisions (A)(1) and (2) of	144456
section 5751.22 of the Revised Code as they existed at that time;	144457

(b) The local taxing unit's percentage share of county	144458
undivided local government fund allocations as certified to the	144459
tax commissioner for calendar year 2010 by the county auditor	144460
under division (J) of section 5747.51 of the Revised Code or	144461
division (F) of section 5747.53 of the Revised Code multiplied by	144462
the total amount actually distributed in calendar year 2010 from	144463
the county undivided local government fund;	144464

(c) With respect to taxes levied by the local taxing unit,	144465
the taxes charged and payable against all property on the tax list	144466
of real and public utility property for tax year 2009 excluding	144467
taxes charged and payable for the purpose of paying debt charges;	144468

(d) The amount received from the tax commissioner during	144469
calendar year 2010 for sales or use taxes authorized under	144470
sections 5739.023 and 5741.022 of the Revised Code;	144471

(e) For institutions of higher education receiving tax	144472
revenue from a local levy, as identified in section 3358.02 of the	144473
Revised Code, the final state share of instruction allocation for	144474
fiscal year 2010 as calculated by the board of regents and	144475
reported to the state controlling board.	144476

(32) If a fixed-rate levy that is a qualifying levy is not	144477
charged and payable in any year after tax year 2010, "total	144478
resources" used to compute payments to be made under division	144479
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	144480
5751.22 of the Revised Code in the tax years following the last	144481
year the levy is charged and payable shall be reduced to the	144482
extent that the payments are attributable to the fixed-rate levy	144483
loss of that levy as would be computed under division (C)(2) of	144484
section 5727.85, division (A)(1) of section 5727.85, divisions	144485
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	144486
5751.22 of the Revised Code.	144487

(33) In the case of a county, municipal corporation, school	144488
district, or township with fixed-rate levy losses attributable to	144489
a tax levied under section 5705.23 of the Revised Code, "total	144490
resources" used to compute payments to be made under division	144491
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	144492
division (C)(12) of section 5751.21, or division (A)(1)(c) of	144493
section 5751.22 of the Revised Code shall be reduced by the	144494
amounts described in divisions (A)(34)(a) to (c) of this section	144495
to the extent that those amounts were included in calculating the	144496
"total resources" of the school district or local taxing unit	144497
under division (A)(22), (28), (29), or (30) of this section.	144498

(34) "Total library resources," in the case of a county,	144499
municipal corporation, school district, or township public library	144500
that receives the proceeds of a tax levied under section 5705.23	144501
of the Revised Code, means the sum of the amounts in divisions	144502
(A)(34)(a) to (c) of this section less any reduction required	144503
under division (A)(32) of this section.	144504

(a) The sum of the payments received by the county, municipal	144505
corporation, school district, or township public library in	144506
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	144507
Revised Code, as they existed at that time, for fixed-rate levy	144508
losses attributable to a tax levied under section 5705.23 of the	144509
Revised Code for the benefit of the public library;	144510

(b) The public library's percentage share of county undivided	144511
local government fund allocations as certified to the tax	144512
commissioner for calendar year 2010 by the county auditor under	144513
division (J) of section 5747.51 of the Revised Code or division	144514
(F) of section 5747.53 of the Revised Code multiplied by the total	144515
amount actually distributed in calendar year 2010 from the county	144516
undivided local government fund;	144517

(c) With respect to a tax levied pursuant to section 5705.23	144518
of the Revised Code for the benefit of the public library, the	144519
amount of such tax that is charged and payable against all	144520
property on the tax list of real and public utility property for	144521
tax year 2009 excluding any tax that is charged and payable for	144522
the purpose of paying debt charges.	144523

(35) "Municipal current expense property tax levies" means	144524
all property tax levies of a municipality, except those with the	144525
following levy names: airport resurfacing; bond or any levy name	144526
including the word "bond"; capital improvement or any levy name	144527
including the word "capital"; debt or any levy name including the	144528
word "debt"; equipment or any levy name including the word	144529
"equipment," unless the levy is for combined operating and	144530
equipment; employee termination fund; fire pension or any levy	144531
containing the word "pension," including police pensions;	144532
fireman's fund or any practically similar name; sinking fund; road	144533
improvements or any levy containing the word "road"; fire truck or	144534
apparatus; flood or any levy containing the word "flood";	144535
conservancy district; county health; note retirement; sewage, or	144536
any levy containing the words "sewage" or "sewer"; park	144537
improvement; parkland acquisition; storm drain; street or any levy	144538
name containing the word "street"; lighting, or any levy name	144539
containing the word "lighting"; and water.	144540

(36) "Current expense TPP allocation" means, in the case of a	144541
school district or joint vocational school district, the sum of	144542
the payments received by the school district in fiscal year 2011	144543
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	144544
Revised Code to the extent paid for current expense levies. In the	144545
case of a municipal corporation, "current expense TPP allocation"	144546
means the sum of the payments received by the municipal	144547
corporation in calendar year 2010 pursuant to divisions (A)(1) and	144548
(2) of section 5751.22 of the Revised Code to the extent paid for	144549
municipal current expense property tax levies as defined in	144550
division (A)(35) of this section, excluding any such payments	144551
received for current expense levy losses attributable to a tax	144552
levied under section 5705.23 of the Revised Code. If a fixed-rate	144553
levy that is a qualifying levy is not charged and payable in any	144554
year after tax year 2010, "current expense TPP allocation" used to	144555
compute payments to be made under division (C)(12) of section	144556
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	144557
Revised Code in the tax years following the last year the levy is	144558
charged and payable shall be reduced to the extent that the	144559
payments are attributable to the fixed-rate levy loss of that levy	144560
as would be computed under divisions (C)(10) and (11) of section	144561
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	144562

(37) "TPP allocation" means the sum of payments received by a	144563
local taxing unit in calendar year 2010 pursuant to divisions	144564
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	144565
any such payments received for fixed-rate levy losses attributable	144566
to a tax levied under section 5705.23 of the Revised Code. If a	144567
fixed-rate levy that is a qualifying levy is not charged and	144568
payable in any year after tax year 2010, "TPP allocation" used to	144569
compute payments to be made under division (A)(1)(b) or (c) of	144570
section 5751.22 of the Revised Code in the tax years following the	144571
last year the levy is charged and payable shall be reduced to the	144572
extent that the payments are attributable to the fixed-rate levy	144573
loss of that levy as would be computed under division (A)(1) of	144574
that section.	144575

(38) "Total TPP allocation" means, in the case of a school	144576
district or joint vocational school district, the sum of the	144577
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	144578
and (11) and (D) of section 5751.21 of the Revised Code. In the	144579
case of a local taxing unit, "total TPP allocation" means the sum	144580
of payments received by the unit in calendar year 2010 pursuant to	144581
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	144582
Code. If a fixed-rate levy that is a qualifying levy is not	144583
charged and payable in any year after tax year 2010, "total TPP	144584
allocation" used to compute payments to be made under division	144585
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	144586
5751.22 of the Revised Code in the tax years following the last	144587
year the levy is charged and payable shall be reduced to the	144588
extent that the payments are attributable to the fixed-rate levy	144589
loss of that levy as would be computed under divisions (C)(10) and	144590
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	144591
the Revised Code.	144592

(39) "Non-current expense TPP allocation" means the	144593
difference of total TPP allocation minus the sum of current	144594
expense TPP allocation and the portion of total TPP allocation	144595
constituting reimbursement for debt levies, pursuant to division	144596
(D) of section 5751.21 of the Revised Code in the case of a school	144597
district or joint vocational school district and pursuant to	144598
division (A)(3) of section 5751.22 of the Revised Code in the case	144599
of a municipal corporation.	144600

(40) "TPP allocation for library purposes" means the sum of	144601
payments received by a county, municipal corporation, school	144602
district, or township public library in calendar year 2010	144603
pursuant to section 5751.22 of the Revised Code for fixed-rate	144604
levy losses attributable to a tax levied under section 5705.23 of	144605
the Revised Code. If a fixed-rate levy authorized under section	144606
5705.23 of the Revised Code that is a qualifying levy is not	144607
charged and payable in any year after tax year 2010, "TPP	144608
allocation for library purposes" used to compute payments to be	144609
made under division (A)(1)(d) of section 5751.22 of the Revised	144610
Code in the tax years following the last year the levy is charged	144611
and payable shall be reduced to the extent that the payments are	144612
attributable to the fixed-rate levy loss of that levy as would be	144613
computed under division (A)(1) of section 5751.22 of the Revised	144614
Code.	144615

(41) "Threshold per cent" means, in the case of a school	144616
district or joint vocational school district, two per cent for	144617
fiscal year 2012 and four per cent for fiscal years 2013 and	144618
thereafter. In the case of a local taxing unit or public library	144619
that receives the proceeds of a tax levied under section 5705.23	144620
of the Revised Code, "threshold per cent" means two per cent for	144621
tax year 2011, four per cent for tax year 2012, and six per cent	144622
for tax years 2013 and thereafter.	144623

(B)(1) The commercial activities tax receipts fund is hereby	144624
created in the state treasury and shall consist of money arising	144625
from the tax imposed under this chapter. Eighty-five	144626
one-hundredths of one per cent of the money credited to that fund	144627
shall be credited to the revenue enhancement fund and shall be	144628
used to defray the costs incurred by the department of taxation in	144629
administering the tax imposed by this chapter and in implementing	144630
tax reform measures. The remainder of the money in the commercial	144631
activities tax receipts fund shall first be credited to the	144632
commercial activity tax motor fuel receipts fund, pursuant to	144633
division (B)(2) of this section, and the remainder shall be	144634
credited in the following percentages each fiscal year to the	144635
general revenue fund, to the school district tangible property tax	144636
replacement fund, which is hereby created in the state treasury	144637
for the purpose of making the payments described in section	144638
5751.21 of the Revised Code, and to the local government tangible	144639
property tax replacement fund, which is hereby created in the	144640
state treasury for the purpose of making the payments described in	144641
section 5751.22 of the Revised Code, in the following percentages:	144642

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	144643
2006	67.7%	22.6%	9.7%	144644
2007	0%	70.0%	30.0%	144645
2008	0%	70.0%	30.0%	144646
2009	0%	70.0%	30.0%	144647
2010	0%	70.0%	30.0%	144648
2011	0%	70.0%	30.0%	144649
2012	25.0%	52.5%	22.5%	144650
2013 and thereafter	50.0%	35.0%	15.0%	144651

(2) Not later than the twentieth day of February, May,	144652
August, and November of each year, the commissioner shall provide	144653
for payment from the commercial activities tax receipts fund to	144654
the commercial activity tax motor fuel receipts fund an amount	144655
that bears the same ratio to the balance in the commercial	144656
activities tax receipts fund that (a) the taxable gross receipts	144657
attributed to motor fuel used for propelling vehicles on public	144658
highways as indicated by returns filed by the tenth day of that	144659
month for a liability that is due and payable on or after July 1,	144660
2013, for a tax period ending before July 1, 2014, bears to (b)	144661
all taxable gross receipts as indicated by those returns for such	144662
liabilities.	144663

(C) Not later than September 15, 2005, the tax commissioner	144664
shall determine for each school district, joint vocational school	144665
district, and local taxing unit its machinery and equipment,	144666
inventory property, furniture and fixtures property, and telephone	144667
property tax value losses, which are the applicable amounts	144668
described in divisions (C)(1), (2), (3), and (4) of this section,	144669
except as provided in division (C)(5) of this section:	144670

(1) Machinery and equipment property tax value loss is the	144671
taxable value of machinery and equipment property as reported by	144672
taxpayers for tax year 2004 multiplied by:	144673

(a) For tax year 2006, thirty-three and eight-tenths per	144674
cent;	144675

(b) For tax year 2007, sixty-one and three-tenths per cent;

144676

144677

(d) For tax year 2009 and thereafter, one hundred per cent.

144678

(2) Inventory property tax value loss is the taxable value of	144679
inventory property as reported by taxpayers for tax year 2004	144680
multiplied by:	144681

(a) For tax year 2006, a fraction, the numerator of which is	144682
five and three-fourths and the denominator of which is	144683
twenty-three;	144684

(b) For tax year 2007, a fraction, the numerator of which is	144685
nine and one-half and the denominator of which is twenty-three;	144686

(c) For tax year 2008, a fraction, the numerator of which is	144687
thirteen and one-fourth and the denominator of which is	144688
twenty-three;	144689

(d) For tax year 2009 and thereafter a fraction, the	144690
numerator of which is seventeen and the denominator of which is	144691
twenty-three.	144692

(3) Furniture and fixtures property tax value loss is the	144693
taxable value of furniture and fixture property as reported by	144694
taxpayers for tax year 2004 multiplied by:	144695

(a) For tax year 2006, twenty-five per cent;

144696

(b) For tax year 2007, fifty per cent;

144697

144698

(d) For tax year 2009 and thereafter, one hundred per cent.

144699

The taxable value of property reported by taxpayers used in	144700
divisions (C)(1), (2), and (3) of this section shall be such	144701
values as determined to be final by the tax commissioner as of	144702
August 31, 2005. Such determinations shall be final except for any	144703
correction of a clerical error that was made prior to August 31,	144704
2005, by the tax commissioner.	144705

(4) Telephone property tax value loss is the taxable value of	144706
telephone property as taxpayers would have reported that property	144707
for tax year 2004 if the assessment rate for all telephone	144708
property for that year were twenty-five per cent, multiplied by:	144709

(a) For tax year 2006, zero per cent;

144710

(b) For tax year 2007, zero per cent;

144711

144712

(d) For tax year 2009, sixty per cent;

144713

(e) For tax year 2010, eighty per cent;

144714

(f) For tax year 2011 and thereafter, one hundred per cent.

144715

(5) Division (C)(5) of this section applies to any school	144716
district, joint vocational school district, or local taxing unit	144717
in a county in which is located a facility currently or formerly	144718
devoted to the enrichment or commercialization of uranium or	144719
uranium products, and for which the total taxable value of	144720
property listed on the general tax list of personal property for	144721
any tax year from tax year 2001 to tax year 2004 was fifty per	144722
cent or less of the taxable value of such property listed on the	144723
general tax list of personal property for the next preceding tax	144724
year.	144725

In computing the fixed-rate levy losses under divisions	144726
(D)(1), (2), and (3) of this section for any school district,	144727
joint vocational school district, or local taxing unit to which	144728
division (C)(5) of this section applies, the taxable value of such	144729
property as listed on the general tax list of personal property	144730
for tax year 2000 shall be substituted for the taxable value of	144731
such property as reported by taxpayers for tax year 2004, in the	144732
taxing district containing the uranium facility, if the taxable	144733
value listed for tax year 2000 is greater than the taxable value	144734
reported by taxpayers for tax year 2004. For the purpose of making	144735
the computations under divisions (D)(1), (2), and (3) of this	144736
section, the tax year 2000 valuation is to be allocated to	144737
machinery and equipment, inventory, and furniture and fixtures	144738
property in the same proportions as the tax year 2004 values. For	144739
the purpose of the calculations in division (A) of section 5751.21	144740
of the Revised Code, the tax year 2004 taxable values shall be	144741
used.	144742

To facilitate the calculations required under division (C) of	144743
this section, the county auditor, upon request from the tax	144744
commissioner, shall provide by August 1, 2005, the values of	144745
machinery and equipment, inventory, and furniture and fixtures for	144746
all single-county personal property taxpayers for tax year 2004.	144747

(D) Not later than September 15, 2005, the tax commissioner	144748
shall determine for each tax year from 2006 through 2009 for each	144749
school district, joint vocational school district, and local	144750
taxing unit its machinery and equipment, inventory, and furniture	144751
and fixtures fixed-rate levy losses, and for each tax year from	144752
2006 through 2011 its telephone property fixed-rate levy loss.	144753
Except as provided in division (F) of this section, such losses	144754
are the applicable amounts described in divisions (D)(1), (2),	144755
(3), and (4) of this section:	144756

(1) The machinery and equipment fixed-rate levy loss is the	144757
machinery and equipment property tax value loss multiplied by the	144758
sum of the tax rates of fixed-rate qualifying levies.	144759

(2) The inventory fixed-rate loss is the inventory property	144760
tax value loss multiplied by the sum of the tax rates of	144761
fixed-rate qualifying levies.	144762

(3) The furniture and fixtures fixed-rate levy loss is the	144763
furniture and fixture property tax value loss multiplied by the	144764
sum of the tax rates of fixed-rate qualifying levies.	144765

(4) The telephone property fixed-rate levy loss is the	144766
telephone property tax value loss multiplied by the sum of the tax	144767
rates of fixed-rate qualifying levies.	144768

(E) Not later than September 15, 2005, the tax commissioner	144769
shall determine for each school district, joint vocational school	144770
district, and local taxing unit its fixed-sum levy loss. The	144771
fixed-sum levy loss is the amount obtained by subtracting the	144772
amount described in division (E)(2) of this section from the	144773
amount described in division (E)(1) of this section:	144774

(1) The sum of the machinery and equipment property tax value	144775
loss, the inventory property tax value loss, and the furniture and	144776
fixtures property tax value loss, and, for 2008 through 2010, the	144777
telephone property tax value loss of the district or unit	144778
multiplied by the sum of the fixed-sum tax rates of qualifying	144779
levies. For 2006 through 2010, this computation shall include all	144780
qualifying levies remaining in effect for the current tax year and	144781
any school district levies charged and payable under section	144782
5705.194 or 5705.213 of the Revised Code that are qualifying	144783
levies not remaining in effect for the current year. For 2011	144784
through 2017 in the case of school district levies charged and	144785
payable under section 5705.194 or 5705.213 of the Revised Code and	144786
for all years after 2010 in the case of other fixed-sum levies,	144787
this computation shall include only qualifying levies remaining in	144788
effect for the current year. For purposes of this computation, a	144789
qualifying school district levy charged and payable under section	144790
5705.194 or 5705.213 of the Revised Code remains in effect in a	144791
year after 2010 only if, for that year, the board of education	144792
levies a school district levy charged and payable under section	144793
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	144794
an annual sum at least equal to the annual sum levied by the board	144795
in tax year 2004 less the amount of the payment certified under	144796
this division for 2006.	144797

(2) The total taxable value in tax year 2004 less the sum of	144798
the machinery and equipment, inventory, furniture and fixtures,	144799
and telephone property tax value losses in each school district,	144800
joint vocational school district, and local taxing unit multiplied	144801
by one-half of one mill per dollar.	144802

(3) For the calculations in divisions (E)(1) and (2) of this	144803
section, the tax value losses are those that would be calculated	144804
for tax year 2009 under divisions (C)(1), (2), and (3) of this	144805
section and for tax year 2011 under division (C)(4) of this	144806
section.	144807

(4) To facilitate the calculation under divisions (D) and (E)	144808
of this section, not later than September 1, 2005, any school	144809
district, joint vocational school district, or local taxing unit	144810
that has a qualifying levy that was approved at an election	144811
conducted during 2005 before September 1, 2005, shall certify to	144812
the tax commissioner a copy of the county auditor's certificate of	144813
estimated property tax millage for such levy as required under	144814
division (B) of section 5705.03 of the Revised Code, which is the	144815
rate that shall be used in the calculations under such divisions.	144816

If the amount determined under division (E) of this section	144817
for any school district, joint vocational school district, or	144818
local taxing unit is greater than zero, that amount shall equal	144819
the reimbursement to be paid pursuant to division (E) of section	144820
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	144821
and the one-half of one mill that is subtracted under division	144822
(E)(2) of this section shall be apportioned among all contributing	144823
fixed-sum levies in the proportion that each levy bears to the sum	144824
of all fixed-sum levies within each school district, joint	144825
vocational school district, or local taxing unit.	144826

(F) If a school district levies a tax under section 5705.219	144827
of the Revised Code, the fixed-rate levy loss for qualifying	144828
levies, to the extent repealed under that section, shall equal the	144829
sum of the following amounts in lieu of the amounts computed for	144830
such levies under division (D) of this section:	144831

(1) The sum of the rates of qualifying levies to the extent	144832
so repealed multiplied by the sum of the machinery and equipment,	144833
inventory, and furniture and fixtures tax value losses for 2009 as	144834
determined under that division;	144835

(2) The sum of the rates of qualifying levies to the extent	144836
so repealed multiplied by the telephone property tax value loss	144837
for 2011 as determined under that division.	144838

The fixed-rate levy losses for qualifying levies to the	144839
extent not repealed under section 5705.219 of the Revised Code	144840
shall be as determined under division (D) of this section. The	144841
revised fixed-rate levy losses determined under this division and	144842
division (D) of this section first apply in the year following the	144843
first year the district levies the tax under section 5705.219 of	144844
the Revised Code.	144845

(G) Not later than October 1, 2005, the tax commissioner	144846
shall certify to the department of education for every school	144847
district and joint vocational school district the machinery and	144848
equipment, inventory, furniture and fixtures, and telephone	144849
property tax value losses determined under division (C) of this	144850
section, the machinery and equipment, inventory, furniture and	144851
fixtures, and telephone fixed-rate levy losses determined under	144852
division (D) of this section, and the fixed-sum levy losses	144853
calculated under division (E) of this section. The calculations	144854
under divisions (D) and (E) of this section shall separately	144855
display the levy loss for each levy eligible for reimbursement.	144856

(H) Not later than October 1, 2005, the tax commissioner	144857
shall certify the amount of the fixed-sum levy losses to the	144858
county auditor of each county in which a school district, joint	144859
vocational school district, or local taxing unit with a fixed-sum	144860
levy loss reimbursement has territory.	144861

(I) Not later than the twenty-eighth day of February each	144862
year beginning in 2011 and ending in 2014, the tax commissioner	144863
shall certify to the department of education for each school	144864
district first levying a tax under section 5705.219 of the Revised	144865
Code in the preceding year the revised fixed-rate levy losses	144866
determined under divisions (D) and (F) of this section.	144867

(J)(1) There is hereby created in the state treasury the	144868
commercial activity tax motor fuel receipts fund.	144869

(2)(a) On or before June 15, 2014, the director of the Ohio	144870
public works commission shall certify to the director of budget	144871
and management the amount of debt service paid from the general	144872
revenue fund in fiscal years 2013 and 2014 on bonds issued to	144873
finance or assist in the financing of the cost of local	144874
subdivision public infrastructure capital improvement projects, as	144875
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	144876
Constitution, that are attributable to costs for construction,	144877
reconstruction, maintenance, or repair of public highways and	144878
bridges and other statutory highway purposes. That certification	144879
shall allocate the total amount of debt service paid from the	144880
general revenue fund and attributable to those costs in each of	144881
fiscal years 2013 and 2014 according to the applicable section of	144882
the Ohio Constitution under which the bonds were originally	144883
issued.	144884

(b) On or before June 30, 2014, the director of budget and	144885
management shall determine an amount up to but not exceeding the	144886
amount certified under division (J)(2)(a) of this section and	144887
shall reserve that amount from the cash balance in the commercial	144888
activity tax motor fuel receipts fund for transfer to the general	144889
revenue fund at times and in amounts to be determined by the	144890
director. The director shall transfer the cash balance in the	144891
commercial activity tax motor fuel receipts fund in excess of the	144892
amount so reserved to the highway operating fund on or before June	144893
30, 2014.	144894

(3)(a) On or before the fifteenth day of June of each fiscal	144895
year beginning with fiscal year 2015, the director of the Ohio	144896
public works commission shall certify to the director of budget	144897
and management the amount of debt service paid from the general	144898
revenue fund in the current fiscal year on bonds issued to finance	144899
or assist in the financing of the cost of local subdivision public	144900
infrastructure capital improvement projects, as provided for in	144901
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	144902
are attributable to costs for construction, reconstruction,	144903
maintenance, or repair of public highways and bridges and other	144904
statutory highway purposes. That certification shall allocate the	144905
total amount of debt service paid from the general revenue fund	144906
and attributable to those costs in the current fiscal year	144907
according to the applicable section of the Ohio Constitution under	144908
which the bonds were originally issued.	144909

(b) On or before the thirtieth day of June of each fiscal	144910
year beginning with fiscal year 2015, the director of budget and	144911
management shall determine an amount up to but not exceeding the	144912
amount certified under division (J)(3)(a) of this section and	144913
shall reserve that amount from the cash balance in the motor fuel	144914
receipts tax public highways fund or the commercial activity tax	144915
motor fuel receipts fund for transfer to the general revenue fund	144916
at times and in amounts to be determined by the director. The	144917
director shall transfer the cash balance in the motor fuel	144918
receipts tax public highways fund or the commercial activity tax	144919
motor fuel receipts fund in excess of the amount so reserved to	144920
the highway operating fund on or before the thirtieth day of June	144921
of the current fiscal year.	144922

Sec. 5751.21. (A) Not later than the thirtieth day of July	144923
of 2007 through 2010, the department of education shall consult	144924
with the director of budget and management and determine the	144925
following for each school district and each joint vocational	144926
school district eligible for payment under division (B) of this	144927
section:	144928

(1) The state education aid offset, which, except as provided	144929
in division (A)(1)(c) of this section, is the difference obtained	144930
by subtracting the amount described in division (A)(1)(b) of this	144931
section from the amount described in division (A)(1)(a) of this	144932
section:	144933

(a) The state education aid computed for the school district	144934
or joint vocational school district for the current fiscal year as	144935
of the thirtieth day of July;	144936

(b) The state education aid that would be computed for the	144937
school district or joint vocational school district for the	144938
current fiscal year as of the thirtieth day of July if the	144939
valuation used in the calculation in division (B)(1) of section	144940
3306.13 of the Revised Code as that division existed for fiscal	144941
years 2010 and 2011 included the machinery and equipment,	144942
inventory, furniture and fixtures, and telephone property tax	144943
value losses for the school district or joint vocational school	144944
district for the second preceding tax year, and if taxes charged	144945
and payable associated with the tax value losses are accounted for	144946
in any state education aid computation dependent on taxes charged	144947
and payable.	144948

(c) The state education aid offset for fiscal year 2010 and	144949
fiscal year 2011 equals the greater of the state education aid	144950
offset calculated for that fiscal year under divisions (A)(1)(a)	144951
and (b) of this section and the state education aid offset	144952
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	144953
the state education aid offset equals the state education aid	144954
offset for fiscal year 2011.	144955

(2) For fiscal years 2008 through 2011, the greater of zero	144956
or the difference obtained by subtracting the state education aid	144957
offset determined under division (A)(1) of this section from the	144958
sum of the machinery and equipment fixed-rate levy loss, the	144959
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	144960
levy loss, and telephone property fixed-rate levy loss certified	144961
under divisions (G) and (I) of section 5751.20 of the Revised Code	144962
for all taxing districts in each school district and joint	144963
vocational school district for the second preceding tax year.	144964

By the thirtieth day of July of each such year, the	144965
department of education and the director of budget and management	144966
shall agree upon the amount to be determined under division (A)(1)	144967
of this section.	144968

(B) On or before the thirty-first day of August of 2008,	144969
2009, and 2010, the department of education shall recalculate the	144970
offset described under division (A) of this section for the	144971
previous fiscal year and recalculate the payments made under	144972
division (C) of this section in the preceding fiscal year using	144973
the offset calculated under this division. If the payments	144974
calculated under this division differ from the payments made under	144975
division (C) of this section in the preceding fiscal year, the	144976
difference shall either be paid to a school district or recaptured	144977
from a school district through an adjustment at the same times	144978
during the current fiscal year that the payments under division	144979
(C) of this section are made. In August and October of the current	144980
fiscal year, the amount of each adjustment shall be three-sevenths	144981
of the amount calculated under this division. In May of the	144982
current fiscal year, the adjustment shall be one-seventh of the	144983
amount calculated under this division.	144984

(C) The department of education shall pay from the school	144985
district tangible property tax replacement fund to each school	144986
district and joint vocational school district all of the following	144987
for fixed-rate levy losses certified under divisions (G) and (I)	144988
of section 5751.20 of the Revised Code:	144989

(1) On or before May 31, 2006, one-seventh of the total	144990
fixed-rate levy loss for tax year 2006;	144991

(2) On or before August 31, 2006, and October 31, 2006,	144992
one-half of six-sevenths of the total fixed-rate levy loss for tax	144993
year 2006;	144994

(3) On or before May 31, 2007, one-seventh of the total	144995
fixed-rate levy loss for tax year 2007;	144996

(4) On or before August 31, 2007, and October 31, 2007,	144997
forty-three per cent of the amount determined under division	144998
(A)(2) of this section for fiscal year 2008, but not less than	144999
zero, plus one-half of six-sevenths of the difference between the	145000
total fixed-rate levy loss for tax year 2007 and the total	145001
fixed-rate levy loss for tax year 2006.	145002

(5) On or before May 31, 2008, fourteen per cent of the	145003
amount determined under division (A)(2) of this section for fiscal	145004
year 2008, but not less than zero, plus one-seventh of the	145005
difference between the total fixed-rate levy loss for tax year	145006
2008 and the total fixed-rate levy loss for tax year 2006.	145007

(6) On or before August 31, 2008, and October 31, 2008,	145008
forty-three per cent of the amount determined under division	145009
(A)(2) of this section for fiscal year 2009, but not less than	145010
zero, plus one-half of six-sevenths of the difference between the	145011
total fixed-rate levy loss in tax year 2008 and the total	145012
fixed-rate levy loss in tax year 2007.	145013

(7) On or before May 31, 2009, fourteen per cent of the	145014
amount determined under division (A)(2) of this section for fiscal	145015
year 2009, but not less than zero, plus one-seventh of the	145016
difference between the total fixed-rate levy loss for tax year	145017
2009 and the total fixed-rate levy loss for tax year 2007.	145018

(8) On or before August 31, 2009, and October 31, 2009,	145019
forty-three per cent of the amount determined under division	145020
(A)(2) of this section for fiscal year 2010, but not less than	145021
zero, plus one-half of six-sevenths of the difference between the	145022
total fixed-rate levy loss in tax year 2009 and the total	145023
fixed-rate levy loss in tax year 2008.	145024

(9) On or before May 31, 2010, fourteen per cent of the	145025
amount determined under division (A)(2) of this section for fiscal	145026
year 2010, but not less than zero, plus one-seventh of the	145027
difference between the total fixed-rate levy loss in tax year 2010	145028
and the total fixed-rate levy loss in tax year 2008.	145029

(10) On or before August 31, 2010, and October 31, 2010,	145030
forty-three per cent of the amount determined under division	145031
(A)(2) of this section for fiscal year 2011, but not less than	145032
zero, plus one-half of six-sevenths of the difference between the	145033
telephone property fixed-rate levy loss for tax year 2010 and the	145034
telephone property fixed-rate levy loss for tax year 2009.	145035

(11) On or before May 31, 2011, fourteen per cent of the	145036
amount determined under division (A)(2) of this section for fiscal	145037
year 2011, but not less than zero, plus one-seventh of the	145038
difference between the telephone property fixed-rate levy loss for	145039
tax year 2011 and the telephone property fixed-rate levy loss for	145040
tax year 2009.	145041

(12) For fiscal years 2012 and thereafter, the sum of the	145042
amounts in divisions (C)(12)(a) or (b) and (c) of this section	145043
shall be paid on or before the ~~twentieth~~last day of November and	145044
the last day of May:	145045

(a) If the ratio of current expense TPP allocation to total	145046
resources is equal to or less than the threshold per cent, zero;	145047

(b) If the ratio of current expense TPP allocation to total	145048
resources is greater than the threshold per cent, fifty per cent	145049
of the difference of current expense TPP allocation minus the	145050
product of total resources multiplied by the threshold per cent;	145051

(c) Fifty per cent of the product of non-current expense TPP	145052
allocation multiplied by seventy-five per cent for fiscal year	145053
2012 and fifty per cent for fiscal years 2013 and thereafter.	145054

The department of education shall report to each school	145055
district and joint vocational school district the apportionment of	145056
the payments among the school district's or joint vocational	145057
school district's funds based on the certifications under	145058
divisions (G) and (I) of section 5751.20 of the Revised Code.	145059

(D) For taxes levied within the ten-mill limitation for debt	145060
purposes in tax year 2005, payments shall be made equal to one	145061
hundred per cent of the loss computed as if the tax were a	145062
fixed-rate levy, but those payments shall extend from fiscal year	145063
2006 through fiscal year 2018, as long as the qualifying levy	145064
continues to be used for debt purposes. If the purpose of such a	145065
qualifying levy is changed, that levy becomes subject to the	145066
payments determined in division (C) of this section.	145067

(E)(1) Not later than January 1, 2006, for each fixed-sum	145068
levy of each school district or joint vocational school district	145069
and for each year for which a determination is made under division	145070
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	145071
loss is to be reimbursed, the tax commissioner shall certify to	145072
the department of education the fixed-sum levy loss determined	145073
under that division. The certification shall cover a time period	145074
sufficient to include all fixed-sum levies for which the	145075
commissioner made such a determination. On or before the last day	145076
of May of the current year, the department shall pay from the	145077
school district property tax replacement fund to the school	145078
district or joint vocational school district one-third of the	145079
fixed-sum levy loss so certified, plus one-third of the amount	145080
certified under division (I) of section 5751.20 of the Revised	145081
Code, and on or before the ~~twentieth~~last day of November,	145082
two-thirds of the fixed-sum levy loss so certified, plus	145083
two-thirds of the amount certified under division (I) of section	145084
5751.20 of the Revised Code. Payments under this division of the	145085
amounts certified under division (I) of section 5751.20 of the	145086
Revised Code shall continue until the levy adopted under section	145087
5705.219 of the Revised Code expires.	145088

(2) Beginning in 2006, by the first day of January of each	145089
year, the tax commissioner shall review the certification	145090
originally made under division (E)(1) of this section. If the	145091
commissioner determines that a debt levy that had been scheduled	145092
to be reimbursed in the current year has expired, a revised	145093
certification for that and all subsequent years shall be made to	145094
the department of education.	145095

(F) Beginning in September 2007 and through June 2013, the	145096
director of budget and management shall transfer from the school	145097
district tangible property tax replacement fund to the general	145098
revenue fund each of the following:	145099

(1) On the first day of September, one-fourth of the amount	145100
determined for that fiscal year under division (A)(1) of this	145101
section;	145102

(2) On the first day of December, one-fourth of the amount	145103
determined for that fiscal year under division (A)(1) of this	145104
section;	145105

(3) On the first day of March, one-fourth of the amount	145106
determined for that fiscal year under division (A)(1) of this	145107
section;	145108

(4) On the first day of June, one-fourth of the amount	145109
determined for that fiscal year under division (A)(1) of this	145110
section.	145111

If, when a transfer is required under division (F)(1), (2),	145112
(3), or (4) of this section, there is not sufficient money in the	145113
school district tangible property tax replacement fund to make the	145114
transfer in the required amount, the director shall transfer the	145115
balance in the fund to the general revenue fund and may make	145116
additional transfers on later dates as determined by the director	145117
in a total amount that does not exceed one-fourth of the amount	145118
determined for the fiscal year.	145119

(G) If the total amount in the school district tangible	145120
property tax replacement fund is insufficient to make all payments	145121
under divisions (C), (D), and (E) of this section at the times the	145122
payments are to be made, the director of budget and management	145123
shall transfer from the general revenue fund to the school	145124
district tangible property tax replacement fund the difference	145125
between the total amount to be paid and the amount in the school	145126
district tangible property tax replacement fund.	145127

(H) On the fifteenth day of June of each year, the director	145128
of budget and management may transfer any balance in the school	145129
district tangible property tax replacement fund to the general	145130
revenue fund.	145131

(I) If all of the territory of a school district or joint	145132
vocational school district is merged with another district, or if	145133
a part of the territory of a school district or joint vocational	145134
school district is transferred to an existing or newly created	145135
district, the department of education, in consultation with the	145136
tax commissioner, shall adjust the payments made under this	145137
section as follows:	145138

(1) For a merger of two or more districts, the fixed-sum levy	145139
losses, total resources, current expense TPP allocation, total TPP	145140
allocation, and non-current expense TPP allocation of the	145141
successor district shall be the sum of such items for each of the	145142
districts involved in the merger.	145143

(2) If property is transferred from one district to a	145144
previously existing district, the amount of total resources,	145145
current expense TPP allocation, total TPP allocation, and	145146
non-current expense TPP allocation that shall be transferred to	145147
the recipient district shall be an amount equal to total	145148
resources, current expense TPP allocation, total TPP allocation,	145149
and non-current expense TPP allocation of the transferor district	145150
times a fraction, the numerator of which is the number of pupils	145151
being transferred to the recipient district, measured, in the case	145152
of a school district, by average daily membership as reported	145153
under division (A) of section 3317.03 of the Revised Code or, in	145154
the case of a joint vocational school district, by formula ADM as	145155
reported in division (D) of that section, and the denominator of	145156
which is the average daily membership or formula ADM of the	145157
transferor district.	145158

(3) After December 31, 2010, if property is transferred from	145159
one or more districts to a district that is newly created out of	145160
the transferred property, the newly created district shall be	145161
deemed not to have any total resources, current expense TPP	145162
allocation, total TPP allocation, or non-current expense TPP	145163
allocation.	145164

(4) If the recipient district under division (I)(2) of this	145165
section or the newly created district under division (I)(3) of	145166
this section is assuming debt from one or more of the districts	145167
from which the property was transferred and any of the districts	145168
losing the property had fixed-sum levy losses, the department of	145169
education, in consultation with the tax commissioner, shall make	145170
an equitable division of the fixed-sum levy loss reimbursements.	145171

Sec. 5751.55. (A) As used in this section, "certificate	145172
owner" has the same meaning as in section 149.311 of the Revised	145173
Code.	145174

(B) There is allowed a refundable credit against the tax	145175
imposed by section 5751.02 of the Revised Code for any taxpayer	145176
that is the certificate owner of a rehabilitation tax credit	145177
certificate issued under section 149.311 of the Revised Code. The	145178
credit shall equal twenty-five per cent of the dollar amount	145179
indicated on the certificate, but shall not exceed five million	145180
dollars. The credit shall be claimed for the calendar year	145181
specified in the certificate and in the order required under	145182
section 5751.98 of the Revised Code. For the purpose of making tax	145183
payments under this chapter, taxes equal to the amount of the	145184
credit shall be considered to be paid to the state on the first	145185
day of the tax period.	145186

(C) A taxpayer claiming a credit under this section shall	145187
retain the rehabilitation tax credit certificate for four years	145188
following the end of the tax period to which the credit was	145189
applied and shall make the certificate available for inspection by	145190
the tax commissioner upon the request of the commissioner during	145191
that four-year period.	145192

(D) Nothing in this section limits or disallows pass-through	145193
treatment of the credit if the certificate owner is a pass-through	145194
entity. If the certificate owner is a pass-through entity, the	145195
credit may be allocated among the entity's equity owners in such	145196
proportions or amounts as the equity owners mutually agree,	145197
whether or not the equity owner allocated the credit is part of a	145198
combined taxpayer or consolidated elected taxpayer group with the	145199
pass-through entity.	145200

(E) Notwithstanding division (B) of this section, a taxpayer	145201
that is a certificate owner and that could have claimed the credit	145202
under section 5733.47 of the Revised Code for tax year 2014 or	145203
2015, as that section existed before its amendment by H.B. 510 of	145204
the 129th general assembly, may claim the credit under this	145205
section for calendar year 2013 or 2014. Nothing in this division	145206
allows a taxpayer to claim the credit more than once.	145207

Sec. 5751.98. (A) To provide a uniform procedure for	145208
calculating the amount of tax due under this chapter, a taxpayer	145209
shall claim any credits to which it is entitled in the following	145210
order:	145211

(1) The nonrefundable jobs retention credit under division	145212
(B) of section 5751.50 of the Revised Code;	145213

(2) The nonrefundable credit for qualified research expenses	145214
under division (B) of section 5751.51 of the Revised Code;	145215

(3) The nonrefundable credit for a borrower's qualified	145216
research and development loan payments under division (B) of	145217
section 5751.52 of the Revised Code;	145218

(4) The nonrefundable credit for calendar years 2010 to 2029	145219
for unused net operating losses under division (B) of section	145220
5751.53 of the Revised Code;	145221

(5) The refundable motion picture production credit under	145222
section 5751.54 of the Revised Code;	145223

(6) The refundable jobs creation credit or job retention	145224
credit under division (A) of section 5751.50 of the Revised Code;	145225

(7) The refundable credit for calendar year 2030 for unused	145226
net operating losses under division (C) of section 5751.53 of the	145227
Revised Code;	145228

(8) The refundable credit for rehabilitating a historic	145229
building under section 5751.55 of the Revised Code.	145230

(B) For any credit except the refundable credits enumerated	145231
in this section, the amount of the credit for a tax period shall	145232
not exceed the tax due after allowing for any other credit that	145233
precedes it in the order required under this section. Any excess	145234
amount of a particular credit may be carried forward if authorized	145235
under the section creating the credit.	145236

Sec. 5753.03. (A) For the purpose of receiving and	145237
distributing, and accounting for, revenue received from the tax	145238
levied by section 5753.02 of the Revised Code, the following funds	145239
are created in the state treasury:	145240

(1) The casino tax revenue fund;

145241

(2) The gross casino revenue county fund;

145242

(3) The gross casino revenue county student fund;

145243

(4) The gross casino revenue host city fund;

145244

(5) The Ohio state racing commission fund;

145245

(6) The Ohio law enforcement training fund;

145246

(7) The problem casino gambling and addictions fund;

145247

(8) The casino control commission fund;

145248

(9) The casino tax administration fund;

145249

(10) The peace officer training academy fund;

145250

(11) The criminal justice services casino tax revenue fund.

145251

(B) All moneys collected from the tax levied under this	145252
chapter shall be deposited into the casino tax revenue fund.	145253

(C) From the casino tax revenue fund the director of budget	145254
and management shall transfer as needed to the tax refund fund	145255
amounts equal to the refunds certified by the tax commissioner	145256
under section 5753.06 of the Revised Code.	145257

(D) After making any transfers required by division (C) of	145258
this section, but not later than the fifteenth day of the month	145259
following the end of each calendar quarter, the director of budget	145260
and management shall transfer amounts to each fund as follows:	145261

(1) Fifty-one per cent to the gross casino revenue county	145262
fund to make payments as required by Section 6(C)(3)(a) of Article	145263
XV, Ohio Constitution;	145264

(2) Thirty-four per cent to the gross casino revenue county	145265
student fund to make payments as required by Section 6(C)(3)(b) of	145266
Article XV, Ohio Constitution and as provided in section 5753.11	145267
of the Revised Code;	145268

(3) Five per cent to the gross casino revenue host city fund	145269
for the benefit of the cities in which casino facilities are	145270
located;	145271

(4) Three per cent to the Ohio state racing commission fund	145272
to support the efforts and activities of the Ohio state racing	145273
commission to promote horse racing in this state at which the	145274
pari-mutuel system of wagering is conducted;	145275

(5) Two per cent to the Ohio law enforcement training fund to	145276
support law enforcement functions in the state;	145277

(6) Two per cent to the problem casino gambling and	145278
addictions fund to support efforts of the department of ~~alcohol~~	145279
~~and drug addiction services~~mental health and addiction services	145280
to alleviate problem gambling and substance abuse and related	145281
research in the state under section ~~3793.032~~5119.47 of the	145282
Revised Code;	145283

(7) Three per cent to the casino control commission fund to	145284
support the operations of the Ohio casino control commission and	145285
to defray the cost of administering the tax levied under section	145286
5753.02 of the Revised Code.	145287

Payments under divisions (D)(1) and (3) of this section shall	145288
be made by the end of the month following the end of the quarterly	145289
period. The tax commissioner shall make the data available to the	145290
director of budget and management for this purpose.	145291

Money in the Ohio state racing commission fund shall be	145292
distributed at the discretion of the Ohio state racing commission	145293
for the purpose stated in division (D)(4) of this section by the	145294
end of the month following the end of the quarterly period. The	145295
commission may retain up to five per cent of the amount	145296
transferred to the fund under division (D)(4) of this section for	145297
operating expenses necessary for the administration of the fund.	145298

Payments from the gross casino revenue county student fund as	145299
required under section 5753.11 of the Revised Code shall be made	145300
by the last day of January and by the last day of August of each	145301
year, beginning in 2013. The tax commissioner shall make the data	145302
available to the director of budget and management for this	145303
purpose.	145304

Of the money credited to the Ohio law enforcement training	145305
fund, the director of budget and management shall distribute	145306
eighty-five per cent of the money to the police officer training	145307
academy fund for the purpose of supporting the law enforcement	145308
training efforts of the Ohio peace officer training academy and	145309
fifteen per cent of the money to the criminal justice services	145310
casino tax revenue fund for the purpose of supporting the law	145311
enforcement training efforts of the division of criminal justice	145312
services.	145313

(E)(1) The tax commissioner shall serve as an agent of the	145314
counties of this state only for the purposes of this division and	145315
solely to make payments directly to municipal corporations and	145316
school districts, as applicable, on the counties' behalf.	145317

(2) On or before the last day of the month following the end	145318
of each calendar quarter, the tax commissioner shall provide for	145319
payment from the funds referenced in divisions (D)(1) and (3) of	145320
this section to each county and municipal corporation as	145321
prescribed in those divisions.	145322

(3) On or before the last day of January and the last day of	145323
August each year, the commissioner shall provide for payments from	145324
the fund referenced in division (D)(2) of this section to each	145325
school district as prescribed in that division.	145326

(F) The director of budget and management shall transfer one	145327
per cent of the money credited to the casino control commission	145328
fund to the casino tax administration fund. The tax commissioner	145329
shall use the casino tax administration fund to defray the costs	145330
incurred in administering the tax levied by this chapter.	145331

(G) All investment earnings of the gross casino revenue	145332
county student fund shall be credited to the fund.	145333

Sec. 5753.07. (A)(1) The tax commissioner may issue an	145334
assessment, based on any information in the tax commissioner's	145335
possession, against a casino operator who fails to pay the tax	145336
levied under section 5753.02 of the Revised Code or to file a	145337
return under section 5753.04 of the Revised Code. The tax	145338
commissioner shall give the casino operator written notice of the	145339
assessment under section 5703.37 of the Revised Code. With the	145340
notice, the tax commissioner shall include instructions on how to	145341
petition for reassessment and on how to request a hearing with	145342
respect to the petition.	145343

(2) Unless the casino operator, within sixty days after	145344
service of the notice of assessment, files with the tax	145345
commissioner, either personally or by certified mail, a written	145346
petition signed by the casino operator, or by the casino	145347
operator's authorized agent who has knowledge of the facts, the	145348
assessment becomes final, and the amount of the assessment is due	145349
and payable from the casino operator to the treasurer of state.	145350
The petition shall indicate the casino operator's objections to	145351
the assessment. Additional objections may be raised in writing if	145352
they are received by the tax commissioner before the date shown on	145353
the final determination.	145354

(3) If a petition for reassessment has been properly filed,	145355
the tax commissioner shall proceed under section 5703.60 of the	145356
Revised Code.	145357

(4) After an assessment becomes final, if any portion of the	145358
assessment, including penalties and accrued interest, remains	145359
unpaid, the tax commissioner may file a certified copy of the	145360
entry making the assessment final in the office of the clerk of	145361
the court of common pleas of Franklin county or in the office of	145362
the clerk of the court of common pleas of the county in which the	145363
casino operator resides, the casino operator's casino facility is	145364
located, or the casino operator's principal place of business in	145365
this state is located. Immediately upon the filing of the entry,	145366
the clerk shall enter a judgment for the state against the	145367
taxpayer assessed in the amount shown on the entry. The judgment	145368
may be filed by the clerk in a loose-leaf book entitled, "special	145369
judgments for the gross casino revenue tax." The judgment has the	145370
same effect as other judgments. Execution shall issue upon the	145371
judgment at the request of the tax commissioner, and all laws	145372
applicable to sales on execution apply to sales made under the	145373
judgment.	145374

(5) ~~The portion of an~~If the assessment is not paid in its	145375
entirety within sixty days after the day the assessment was issued	145376
~~bears~~, the portion of the assessment consisting of tax due shall	145377
bear interest at the rate per annum prescribed by section 5703.47	145378
of the Revised Code from the day the tax commissioner issued the	145379
assessment until the assessment is paid or until it is certified	145380
to the attorney general for collection under section 131.02 of the	145381
Revised Code, whichever comes first. If the unpaid portion of the	145382
assessment is certified to the attorney general for collection,	145383
the entire unpaid portion of the assessment shall bear interest at	145384
the rate per annum prescribed by section 5703.47 of the Revised	145385
Code from the date of certification until the date it is paid in	145386
its entirety. Interest shall be paid in the same manner as the tax	145387
levied under section 5753.02 of the Revised Code and may be	145388
collected by the issuance of an assessment under this section.	145389

(B) If the tax commissioner believes that collection of the	145390
tax levied under section 5753.02 of the Revised Code will be	145391
jeopardized unless proceedings to collect or secure collection of	145392
the tax are instituted without delay, the commissioner may issue a	145393
jeopardy assessment against the casino operator who is liable for	145394
the tax. Immediately upon the issuance of a jeopardy assessment,	145395
the tax commissioner shall file an entry with the clerk of the	145396
court of common pleas in the manner prescribed by division (A)(4)	145397
of this section, and the clerk shall proceed as directed in that	145398
division. Notice of the jeopardy assessment shall be served on the	145399
casino operator or the casino operator's authorized agent under	145400
section 5703.37 of the Revised Code within five days after the	145401
filing of the entry with the clerk. The total amount assessed is	145402
immediately due and payable, unless the casino operator assessed	145403
files a petition for reassessment under division (A)(2) of this	145404
section and provides security in a form satisfactory to the tax	145405
commissioner that is in an amount sufficient to satisfy the unpaid	145406
balance of the assessment. If a petition for reassessment has been	145407
filed, and if satisfactory security has been provided, the tax	145408
commissioner shall proceed under division (A)(3) of this section.	145409
Full or partial payment of the assessment does not prejudice the	145410
tax commissioner's consideration of the petition for reassessment.	145411

(C) The tax commissioner shall immediately forward to the	145412
treasurer of state all amounts the tax commissioner receives under	145413
this section, and the amounts forwarded shall be treated as if	145414
they were revenue arising from the tax levied under section	145415
5753.02 of the Revised Code.	145416

(D) Except as otherwise provided in this division, no	145417
assessment shall be issued against a casino operator for the tax	145418
levied under section 5753.02 of the Revised Code more than four	145419
years after the due date for filing the return for the tax period	145420
for which the tax was reported, or more than four years after the	145421
return for the tax period was filed, whichever is later. This	145422
division does not bar an assessment against a casino operator who	145423
fails to file a return as required by section 5753.04 of the	145424
Revised Code or who files a fraudulent return, or when the casino	145425
operator and the tax commissioner waive in writing the time	145426
limitation.	145427

(E) If the tax commissioner possesses information that	145428
indicates that the amount of tax a casino operator is liable to	145429
pay under section 5753.02 of the Revised Code exceeds the amount	145430
the casino operator paid, the tax commissioner may audit a sample	145431
of the casino operator's gross casino revenue over a	145432
representative period of time to ascertain the amount of tax due,	145433
and may issue an assessment based on the audit. The tax	145434
commissioner shall make a good faith effort to reach agreement	145435
with the casino operator in selecting a representative sample. The	145436
tax commissioner may apply a sampling method only if the tax	145437
commissioner has prescribed the method by rule.	145438

(F) If the whereabouts of a casino operator who is liable for	145439
the tax levied under section 5753.02 of the Revised Code are	145440
unknown to the tax commissioner, the tax commissioner shall	145441
proceed under section 5703.37 of the Revised Code.	145442

(G) If a casino operator fails to pay the tax levied under	145443
section 5753.02 of the Revised Code within a period of one year	145444
after the due date for remitting the tax, the Ohio casino control	145445
commission may suspend the casino operator's license.	145446

Sec. 5815.28. (A) As used in this section:

145447

(1) "Ascertainable standard" includes a standard in a trust	145448
instrument requiring the trustee to provide for the care, comfort,	145449
maintenance, welfare, education, or general well-being of the	145450
beneficiary.	145451

(2) "Disability" means any substantial, medically	145452
determinable impairment that can be expected to result in death or	145453
that has lasted or can be expected to last for a continuous period	145454
of at least twelve months, except that "disability" does not	145455
include an impairment that is the result of abuse of alcohol or	145456
drugs.	145457

(3) "Political subdivision" and "state" have the same	145458
meanings as in section 2744.01 of the Revised Code.	145459

(4) "Supplemental services" means services specified by rule	145460
of the department of ~~mental health~~mental health and addiction	145461
services under section ~~5119.01~~5119.10 of the Revised Code or the	145462
department of developmental disabilities under section 5123.04 of	145463
the Revised Code that are provided to an individual with a	145464
disability in addition to services the individual is eligible to	145465
receive under programs authorized by federal or state law.	145466

(B) Any person may create a trust under this section to	145467
provide funding for supplemental services for the benefit of	145468
another individual who meets either of the following conditions:	145469

(1) The individual has a physical or mental disability and is	145470
eligible to receive services through the department of	145471
developmental disabilities or a county board of developmental	145472
disabilities;	145473

(2) The individual has a mental disability and is eligible to	145474
receive services through the department of ~~mental health~~mental	145475
health and addiction services or a board of alcohol, drug	145476
addiction, and mental health services.	145477

The trust may confer discretion upon the trustee and may	145478
contain specific instructions or conditions governing the exercise	145479
of the discretion.	145480

(C) The general division of the court of common pleas and the	145481
probate court of the county in which the beneficiary of a trust	145482
authorized by division (B) of this section resides or is confined	145483
have concurrent original jurisdiction to hear and determine	145484
actions pertaining to the trust. In any action pertaining to the	145485
trust in a court of common pleas or probate court and in any	145486
appeal of the action, all of the following apply to the trial or	145487
appellate court:	145488

(1) The court shall render determinations consistent with the	145489
testator's or other settlor's intent in creating the trust, as	145490
evidenced by the terms of the trust instrument.	145491

(2) The court may order the trustee to exercise discretion	145492
that the trust instrument confers upon the trustee only if the	145493
instrument contains specific instructions or conditions governing	145494
the exercise of that discretion and the trustee has failed to	145495
comply with the instructions or conditions. In issuing an order	145496
pursuant to this division, the court shall require the trustee to	145497
exercise the trustee's discretion only in accordance with the	145498
instructions or conditions.	145499

(3) The court may order the trustee to maintain the trust and	145500
distribute assets in accordance with rules adopted by the director	145501
of ~~mental health~~mental health and addiction services under	145502
section ~~5119.01~~5119.10 of the Revised Code or the director of	145503
developmental disabilities under section 5123.04 of the Revised	145504
Code if the trustee has failed to comply with such rules.	145505

(D) To the extent permitted by federal law and subject to the	145506
provisions of division (C)(2) of this section pertaining to the	145507
enforcement of specific instructions or conditions governing a	145508
trustee's discretion, a trust authorized by division (B) of this	145509
section that confers discretion upon the trustee shall not be	145510
considered an asset or resource of the beneficiary, the	145511
beneficiary's estate, the settlor, or the settlor's estate and	145512
shall be exempt from the claims of creditors, political	145513
subdivisions, the state, other governmental entities, and other	145514
claimants against the beneficiary, the beneficiary's estate, the	145515
settlor, or the settlor's estate, including claims regarding the	145516
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	145517
or 5123. of the Revised Code and claims sought to be satisfied by	145518
way of a civil action, subrogation, execution, garnishment,	145519
attachment, judicial sale, or other legal process, if all of the	145520
following apply:	145521

(1) At the time the trust is created, the trust principal	145522
does not exceed the maximum amount determined under division (E)	145523
of this section;	145524

(2) The trust instrument contains a statement of the	145525
settlor's intent, or otherwise clearly evidences the settlor's	145526
intent, that the beneficiary does not have authority to compel the	145527
trustee under any circumstances to furnish the beneficiary with	145528
minimal or other maintenance or support, to make payments from the	145529
principal of the trust or from the income derived from the	145530
principal, or to convert any portion of the principal into cash,	145531
whether pursuant to an ascertainable standard specified in the	145532
instrument or otherwise;	145533

(3) The trust instrument provides that trust assets can be	145534
used only to provide supplemental services, as defined by rule of	145535
the director of ~~mental health~~mental health and addiction services	145536
under section ~~5119.01~~5119.10 of the Revised Code or the director	145537
of developmental disabilities under section 5123.04 of the Revised	145538
Code, to the beneficiary;	145539

(4) The trust is maintained and assets are distributed in	145540
accordance with rules adopted by the director of ~~mental health~~	145541
mental health and addiction services under section ~~5119.01~~5119.10	145542
of the Revised Code or the director of developmental disabilities	145543
under section 5123.04 of the Revised Code;	145544

(5) The trust instrument provides that on the death of the	145545
beneficiary, a portion of the remaining assets of the trust, which	145546
shall be not less than fifty per cent of such assets, will be	145547
deposited to the credit of the services fund for individuals with	145548
mental illness created by section ~~5119.17~~5119.51 of the Revised	145549
Code or the services fund for individuals with mental retardation	145550
and developmental disabilities created by section 5123.40 of the	145551
Revised Code.	145552

(E) In 1994, the trust principal maximum amount for a trust	145553
created under this section shall be two hundred thousand dollars.	145554
The maximum amount for a trust created under this section prior to	145555
November 11, 1994, may be increased to two hundred thousand	145556
dollars.	145557

In 1995, the maximum amount for a trust created under this	145558
section shall be two hundred two thousand dollars. Each year	145559
thereafter, the maximum amount shall be the prior year's amount	145560
plus two thousand dollars.	145561

(F) This section does not limit or otherwise affect the	145562
creation, validity, interpretation, or effect of any trust that is	145563
not created under this section.	145564

(G) Once a trustee takes action on a trust created by a	145565
settlor under this section and disburses trust funds on behalf of	145566
the beneficiary of the trust, then the trust may not be terminated	145567
or otherwise revoked by a particular event or otherwise without	145568
payment into the services fund created pursuant to section ~~5119.17~~	145569
5119.51 or 5123.40 of the Revised Code of an amount that is equal	145570
to the disbursements made on behalf of the beneficiary for medical	145571
care by the state from the date the trust vests but that is not	145572
more than fifty per cent of the trust corpus.	145573

Sec. 5902.02. The duties of the director of veterans	145574
services shall include the following:	145575

(A) Furnishing the veterans service commissions of all	145576
counties of the state copies of the state laws, rules, and	145577
legislation relating to the operation of the commissions and their	145578
offices;	145579

(B) Upon application, assisting the general public in	145580
obtaining records of vital statistics pertaining to veterans or	145581
their dependents;	145582

(C) Adopting rules pursuant to Chapter 119. of the Revised	145583
Code pertaining to minimum qualifications for hiring, certifying,	145584
and accrediting county veterans service officers, pertaining to	145585
their required duties, and pertaining to revocation of the	145586
certification of county veterans service officers;	145587

(D) Adopting rules pursuant to Chapter 119. of the Revised	145588
Code for the education, training, certification, and duties of	145589
veterans service commissioners and for the revocation of the	145590
certification of a veterans service commissioner;	145591

(E) Developing and monitoring programs and agreements	145592
enhancing employment and training for veterans in single or	145593
multiple county areas;	145594

(F) Developing and monitoring programs and agreements to	145595
enable county veterans service commissions to address	145596
homelessness, indigency, and other veteran-related issues	145597
individually or jointly;	145598

(G) Developing and monitoring programs and agreements to	145599
enable state agencies, individually or jointly, that provide	145600
services to veterans, including the veterans' homes operated under	145601
Chapter 5907. of the Revised Code and the director of job and	145602
family services, to address homelessness, indigency, employment,	145603
and other veteran-related issues;	145604

(H) Establishing and providing statistical reporting formats	145605
and procedures for county veterans service commissions;	145606

(I) Publishing electronically a listing of county veterans	145607
service offices and county veterans service commissioners. The	145608
listing shall include the expiration dates of commission members'	145609
terms of office and the organizations they represent; the names,	145610
addresses, and telephone numbers of county veterans service	145611
offices; and the addresses and telephone numbers of the Ohio	145612
offices and headquarters of state and national veterans service	145613
organizations.	145614

(J) Establishing a veterans advisory committee to advise and	145615
assist the department of veterans services in its duties. Members	145616
shall include a member of the national guard association of the	145617
United States who is a resident of this state, a member of the	145618
military officers association of America who is a resident of this	145619
state, a state representative of congressionally chartered	145620
veterans organizations referred to in section 5901.02 of the	145621
Revised Code, a representative of any other congressionally	145622
chartered state veterans organization that has at least one	145623
veterans service commissioner in the state, three representatives	145624
of the Ohio state association of county veterans service	145625
commissioners, who shall have a combined vote of one, three	145626
representatives of the state association of county veterans	145627
service officers, who shall have a combined vote of one, one	145628
representative of the county commissioners association of Ohio,	145629
who shall be a county commissioner not from the same county as any	145630
of the other county representatives, a representative of the	145631
advisory committee on women veterans, a representative of a labor	145632
organization, and a representative of the office of the attorney	145633
general. The department of veterans services shall submit to the	145634
advisory committee proposed rules for the committee's operation.	145635
The committee may review and revise these proposed rules prior to	145636
submitting them to the joint committee on agency rule review.	145637

(K) Adopting, with the advice and assistance of the veterans	145638
advisory committee, policy and procedural guidelines that the	145639
veterans service commissions shall adhere to in the development	145640
and implementation of rules, policies, procedures, and guidelines	145641
for the administration of Chapter 5901. of the Revised Code. The	145642
department of veterans services shall adopt no guidelines or rules	145643
regulating the purposes, scope, duration, or amounts of financial	145644
assistance provided to applicants pursuant to sections 5901.01 to	145645
5901.15 of the Revised Code. The director of veterans services may	145646
obtain opinions from the office of the attorney general regarding	145647
rules, policies, procedures, and guidelines of the veterans	145648
service commissions and may enforce compliance with Chapter 5901.	145649
of the Revised Code.	145650

(L) Receiving copies of form DD214 filed in accordance with	145651
the director's guidelines adopted under division (L) of this	145652
section from members of veterans service commissions appointed	145653
under section 5901.02 and from county veterans service officers	145654
employed under section 5901.07 of the Revised Code;	145655

(M) Developing and maintaining and improving a resource, such	145656
as a telephone answering point or a web site, by means of which	145657
veterans and their dependents, through a single portal, can access	145658
multiple sources of information and interaction with regard to the	145659
rights of, and the benefits available to, veterans and their	145660
dependents. The director of veterans services may enter into	145661
agreements with state and federal agencies, with agencies of	145662
political subdivisions, with state and local instrumentalities,	145663
and with private entities as necessary to make the resource as	145664
complete as is possible.	145665

(N) Planning, organizing, advertising, and conducting	145666
outreach efforts, such as conferences and fairs, at which veterans	145667
and their dependents may meet, learn about the organization and	145668
operation of the department of veterans services and of veterans	145669
service commissions, and obtain information about the rights of,	145670
and the benefits and services available to, veterans and their	145671
dependents;	145672

(O) Advertising, in print, on radio and television, and	145673
otherwise, the rights of, and the benefits and services available	145674
to, veterans and their dependents;	145675

(P) Developing and advocating improved benefits and services	145676
for, and improved delivery of benefits and services to, veterans	145677
and their dependents;	145678

(Q) Searching for, identifying, and reviewing statutory and	145679
administrative policies that relate to veterans and their	145680
dependents and reporting to the general assembly statutory and	145681
administrative policies that should be consolidated in whole or in	145682
part within the organization of the department of veterans	145683
services to unify funding, delivery, and accounting of statutory	145684
and administrative policy expressions that relate particularly to	145685
veterans and their dependents;	145686

(R) Encouraging veterans service commissions to innovate and	145687
otherwise to improve efficiency in delivering benefits and	145688
services to veterans and their dependents and to report successful	145689
innovations and efficiencies to the director of veterans services;	145690

(S) Publishing and encouraging adoption of successful	145691
innovations and efficiencies veterans service commissions have	145692
achieved in delivering benefits and services to veterans and their	145693
dependents;	145694

(T) Establishing advisory committees, in addition to the	145695
veterans advisory committee established under division (K) of this	145696
section, on veterans issues;	145697

(U) Developing and maintaining a relationship with the United	145698
States department of veterans affairs, seeking optimal federal	145699
benefits and services for Ohio veterans and their dependents, and	145700
encouraging veterans service commissions to maximize the federal	145701
benefits and services to which veterans and their dependents are	145702
entitled;	145703

(V) Developing and maintaining relationships with the several	145704
veterans organizations, encouraging the organizations in their	145705
efforts at assisting veterans and their dependents, and advocating	145706
for adequate state subsidization of the organizations;	145707

(W) Requiring the several veterans organizations that receive	145708
funding from the state annually, not later than the thirtieth day	145709
of July, to report to the director of veterans services and	145710
prescribing the form and content of the report;	145711

(X) Reviewing the reports submitted to the director under	145712
division (W) of this section within thirty days of receipt and	145713
informing the veterans organization of any deficiencies that exist	145714
in the organization's report and that funding will not be released	145715
until the deficiencies have been corrected and a satisfactory	145716
report submitted;	145717

(Y) Advising the director of budget and management when a	145718
report submitted to the director under division (W) of this	145719
section has been reviewed and determined to be satisfactory;	145720

(Z) Furnishing copies of all reports that the director of	145721
veterans services has determined have been submitted	145722
satisfactorily under division (W) of this section to the	145723
chairperson of the finance committees of the general assembly;	145724

(AA) Investigating complaints against county veterans	145725
services commissioners and county veterans service officers if the	145726
director reasonably believes the investigation to be appropriate	145727
and necessary;	145728

~~(Y)~~(BB) Taking any other actions required by this chapter.

145729

Sec. 5905.02. Whenever it appears that a person is eligible	145730
for care or treatment by the veterans' administration or other	145731
agency of the United States, and hospitalization is necessary for	145732
the proper care or treatment of such person, the probate court,	145733
upon receipt of a certificate from the veterans' administration or	145734
such other agency showing that facilities are available and such	145735
person is eligible for care or treatment therein, may order such	145736
person to said veterans' administration or other agency for care	145737
and treatment.	145738

Upon admission, such person shall be subject to the	145739
applicable regulations of the veterans' administration or other	145740
agency of the United States. The chief officer of any hospital to	145741
which any person is admitted pursuant to hospitalization as	145742
provided in sections 5905.01 to 5905.19 of the Revised Code, or	145743
under the law in effect at the time of such admission, shall have	145744
the same powers as are exercised by heads of hospitals for mental	145745
diseases and the department of ~~mental health~~mental health and	145746
addiction services with respect to the retention, transfer,	145747
parole, or discharge of the person hospitalized; provided no	145748
person shall be transferred to a hospital operated by the state or	145749
any political subdivision thereof without the consent of such	145750
department.	145751

The right of such person to appear and defend shall not be	145752
denied.	145753

The judgment or order of hospitalization by a court of	145754
competent jurisdiction of another state ordering a person to the	145755
veterans' administration or other agency of the United States, or	145756
any hospital operated by any such agency, for care or treatment	145757
shall have the same effect as to such person while in this state	145758
as in the state in which the court entering such judgment or	145759
making such order is situated, provided that no nonresident	145760
ordered to a veterans' administration facility located in Ohio	145761
shall thereby acquire a legal settlement in Ohio.	145762

Upon receipt of a certificate that facilities are available	145763
in any such hospital operated by the United States for the care or	145764
treatment of any person ordered to any hospital for the mentally	145765
ill or other hospital in this state for the care of persons	145766
similarly afflicted, and that such person is eligible for such	145767
care or treatment, such department may transfer any such person to	145768
the veterans' administration or other agency of the United States	145769
in the state. Upon effecting any such transfer, the ordering court	145770
shall be notified thereof by the transferring agency; provided	145771
that no such person shall be transferred if hethe person is	145772
confined pursuant to conviction of any crime or misdemeanor, or if	145773
hethe person has been acquitted of any such charge solely on the	145774
ground of insanity, unless prior to such transfer the court	145775
originally ordering such person enters an order for such transfer	145776
after appropriate motion and hearing.	145777

Any person transferred as provided in this section is ordered	145778
to the veterans' administration or other agency of the United	145779
States pursuant to the original order as though hethe person had	145780
been originally so ordered.	145781

Sec. 5910.02. There is hereby created an Ohio war orphans	145782
scholarship board as part of the department of veterans services.	145783
The board consists of eight members as follows: the chancellor of	145784
the Ohio board of regents or the chancellor's designee; the	145785
director of veterans services or the director's designee; one	145786
member of the house of representatives, appointed by the speaker;	145787
one member of the senate, appointed by the president of the	145788
senate; and four members appointed by the governor, one of whom	145789
shall be a representative of the American Legion, one of whom	145790
shall be a representative of the Veterans of Foreign Wars, one of	145791
whom shall be a representative of the Disabled American Veterans,	145792
and one of whom shall be a representative of the AMVETS. At least	145793
ninety days prior to the expiration of the term of office of the	145794
representative of a veterans organization appointed by the	145795
governor, the governor shall notify the state headquarters of the	145796
affected organization of the need for an appointment and request	145797
the organization to make at least three nominations. Within sixty	145798
days after making the request for nominations, the governor may	145799
make the appointment from the nominations received, or may reject	145800
all the nominations and request at least three new nominations,	145801
from which the governor shall make an appointment within thirty	145802
days after making the request for the new nominations. If the	145803
governor receives no nominations during this thirty-day period,	145804
the governor may appoint any veteran.	145805

Terms of office for the four members appointed by the	145806
governor shall be for four years, commencing on the first day of	145807
January and ending on the thirty-first day of December, except	145808
that the term of the AMVETS representative shall expire December	145809
31, 1998, and the new term that succeeds it shall commence on	145810
January 1, 1999, and end on December 31, 2002. Each member shall	145811
hold office from the date of the member's appointment until the	145812
end of the term for which the member was appointed. The other	145813
members shall serve during their terms of office. Any vacancy	145814
shall be filled by appointment in the same manner as by original	145815
appointment. Any member appointed to fill a vacancy occurring	145816
prior to the expiration of the term for which the member's	145817
predecessor was appointed shall hold office for the remainder of	145818
such term. Any appointed member shall continue in office	145819
subsequent to the expiration date of the member's term until the	145820
member's successor takes office, or until a period of sixty days	145821
has elapsed, whichever occurs first. The members of the board	145822
shall serve without pay but shall be reimbursed for travel	145823
expenses and for other actual and necessary expenses incurred in	145824
the performance of their duties, not to exceed ten dollars per day	145825
for ten days in any one year to be appropriated out of any moneys	145826
in the state treasury to the credit of the general revenue fund.	145827

The chancellor of the board of regents shall act as secretary	145828
to the board and shall furnish such clerical and other assistance	145829
as may be necessary to the performance of the duties of the board.	145830

The board shall determine the number of scholarships to be	145831
made available, receive applications for scholarships, pass upon	145832
the eligibility of applicants, decide which applicants are to	145833
receive scholarships, and do all other things necessary for the	145834
proper administration of this chapter.	145835

The board may apply for, and may receive and accept, grants,	145836
and may receive and accept gifts, bequests, and contributions,	145837
from public and private sources, including agencies and	145838
instrumentalities of the United States and this state, and shall	145839
deposit the grants, gifts, bequests, or contributions into the	145840
Ohio war orphans scholarship donation fund.	145841

Sec. 5910.07. The Ohio war orphans scholarship donation fund	145842
is created in the state treasury. The fund shall consist of gifts,	145843
bequests, grants, and contributions made to the fund under section	145844
5910.02 of the Revised Code. Investment earnings of the fund shall	145845
be deposited into the fund. The fund shall be used to operate the	145846
war orphans scholarship program and to provide grants under	145847
sections 5910.01 to 5910.06 of the Revised Code.	145848

Sec. 5910.08. There is hereby created in the state treasury	145849
the war orphans scholarship reserve fund. Not later than the first	145850
day of July of each fiscal year, the chancellor of the Ohio board	145851
of regents shall certify to the director of budget and management	145852
the unencumbered balance of the general revenue fund	145853
appropriations made in the immediately preceding fiscal year for	145854
purposes of the war orphans scholarship program created in Chapter	145855
5910. of the Revised Code. Upon receipt of the certification, the	145856
director may transfer an amount not exceeding the certified amount	145857
from the general revenue fund to the war orphans scholarship	145858
reserve fund. Moneys in the war orphans scholarship reserve fund	145859
shall be used to pay scholarship obligations in excess of the	145860
general revenue fund appropriations made for that purpose.	145861

The director may transfer any unencumbered balance from the	145862
war orphans scholarship reserve fund to the general revenue fund.	145863

Sec. 5919.34. (A) As used in this section:

145864

(1) "Academic term" means any one of the following:

145865

(a) Fall term, which consists of fall semester or fall	145866
quarter, as appropriate;	145867

(b) Winter term, which consists of winter semester, winter	145868
quarter, or spring semester, as appropriate;	145869

145870

(d) Summer term, which consists of summer semester or summer	145871
quarter, as appropriate.	145872

(2) "Eligible applicant" means any individual to whom all of	145873
the following apply:	145874

(a) The individual does not possess a baccalaureate degree.

145875

(b) The individual has enlisted, re-enlisted, or extended	145876
current enlistment in the Ohio national guard or is an individual	145877
to which division (F) of this section applies.	145878

(c) The individual is actively enrolled as a full-time or	145879
part-time student for at least three credit hours of course work	145880
in a semester or quarter in a two-year or four-year	145881
degree-granting program at a state institution of higher education	145882
or a private institution of higher education, or in a	145883
diploma-granting program at a state or private institution of	145884
higher education that is a school of nursing.	145885

(d) The individual has not accumulated ninety-six eligibility	145886
units under division (E) of this section.	145887

(3) "State institution of higher education" means any state	145888
university or college as defined in division (A)(1) of section	145889
3345.12 of the Revised Code, community college established under	145890
Chapter 3354. of the Revised Code, state community college	145891
established under Chapter 3358. of the Revised Code, university	145892
branch established under Chapter 3355. of the Revised Code, or	145893
technical college established under Chapter 3357. of the Revised	145894
Code.	145895

(4) "Private institution of higher education" means an Ohio	145896
institution of higher education that is nonprofit and has received	145897
a certificate of authorization pursuant to Chapter 1713. of the	145898
Revised Code, that is a private institution exempt from regulation	145899
under Chapter 3332. of the Revised Code as prescribed in section	145900
3333.046 of the Revised Code, or that holds a certificate of	145901
registration and program authorization issued by the state board	145902
of career colleges and schools pursuant to section 3332.05 of the	145903
Revised Code.	145904

(5) "Tuition" means the charges imposed to attend an	145905
institution of higher education and includes general and	145906
instructional fees. "Tuition" does not include laboratory fees,	145907
room and board, or other similar fees and charges.	145908

(B) There is hereby created a scholarship program to be known	145909
as the Ohio national guard scholarship program.	145910

(C) The adjutant general shall approve scholarships for all	145911
eligible applicants. The adjutant general shall process all	145912
applications for scholarships for each academic term in the order	145913
in which they are received. The scholarships shall be made without	145914
regard to financial need. At no time shall one person be placed in	145915
priority over another because of sex, race, or religion.	145916

(D)(1) Except as provided in divisions (I) and (J) of this	145917
section, for each academic term that an eligible applicant is	145918
approved for a scholarship under this section and either remains a	145919
current member in good standing of the Ohio national guard or is	145920
eligible for a scholarship under division (F)(1) of this section,	145921
the institution of higher education in which the applicant is	145922
enrolled shall, if the applicant's enlistment obligation extends	145923
beyond the end of that academic term or if division (F)(1) of this	145924
section applies, be paid on the applicant's behalf the applicable	145925
one of the following amounts:	145926

(a) If the institution is a state institution of higher	145927
education, an amount equal to one hundred per cent of the	145928
institution's tuition charges;	145929

(b) If the institution is a nonprofit private institution or	145930
a private institution exempt from regulation under Chapter 3332.	145931
of the Revised Code as prescribed in section 3333.046 of the	145932
Revised Code, an amount equal to one hundred per cent of the	145933
average tuition charges of all state universities;	145934

(c) If the institution is an institution that holds a	145935
certificate of registration from the state board of career	145936
colleges and schools, the lesser of the following:	145937

(i) An amount equal to one hundred per cent of the	145938
institution's tuition;	145939

(ii) An amount equal to one hundred per cent of the average	145940
tuition charges of all state universities, as that term is defined	145941
in section 3345.011 of the Revised Code.	145942

(2) An eligible applicant's scholarship shall not be reduced	145943
by the amount of that applicant's benefits under "the Montgomery	145944
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	145945

(E) A scholarship recipient under this section shall be	145946
entitled to receive scholarships under this section for the number	145947
of quarters or semesters it takes the recipient to accumulate	145948
ninety-six eligibility units as determined under divisions (E)(1)	145949
to (3) of this section.	145950

(1) To determine the maximum number of semesters or quarters	145951
for which a recipient is entitled to a scholarship under this	145952
section, the adjutant general shall convert a recipient's credit	145953
hours of enrollment for each academic term into eligibility units	145954
in accordance with the following table:	145955

		The			145956
Number of		following		The following	145957
credit hours		number of		number of	145958
of enrollment		eligibility		eligibility	145959
in an academic		units if a		units if a	145960
term	equals	semester	or	quarter	145961
					145962
12 or more hours		12 units		8 units	145963
9 but less than 12		9 units		6 units	145964
6 but less than 9		6 units		4 units	145965
3 but less than 6		3 units		2 units	145966

(2) A scholarship recipient under this section may continue	145967
to apply for scholarships under this section until the recipient	145968
has accumulated ninety-six eligibility units.	145969

(3) If a scholarship recipient withdraws from courses prior	145970
to the end of an academic term so that the recipient's enrollment	145971
for that academic term is less than three credit hours, no	145972
scholarship shall be paid on behalf of that person for that	145973
academic term. Except as provided in division (F)(3) of this	145974
section, if a scholarship has already been paid on behalf of the	145975
person for that academic term, the adjutant general shall add to	145976
that person's accumulated eligibility units the number of	145977
eligibility units for which the scholarship was paid.	145978

(F) This division applies to any eligible applicant called	145979
into active duty on or after September 11, 2001. As used in this	145980
division, "active duty" means active duty pursuant to an executive	145981
order of the president of the United States, an act of the	145982
congress of the United States, or section 5919.29 or 5923.21 of	145983
the Revised Code.	145984

(1) For a period of up to five years from when an	145985
individual's enlistment obligation in the Ohio national guard	145986
ends, an individual to whom this division applies is eligible for	145987
scholarships under this section for those academic terms that were	145988
missed or could have been missed as a result of the individual's	145989
call into active duty. Scholarships shall not be paid for the	145990
academic term in which an eligible applicant's enlistment	145991
obligation ends unless an applicant is eligible under this	145992
division for a scholarship for such academic term due to previous	145993
active duty.	145994

(2) When an individual to whom this division applies	145995
withdraws or otherwise fails to complete courses, for which	145996
scholarships have been awarded under this section, because the	145997
individual was called into active duty, the institution of higher	145998
education shall grant the individual a leave of absence from the	145999
individual's education program and shall not impose any academic	146000
penalty for such withdrawal or failure to complete courses.	146001
Division (F)(2) of this section applies regardless of whether or	146002
not the scholarship amount was paid to the institution of higher	146003
education.	146004

(3) If an individual to whom this division applies withdraws	146005
or otherwise fails to complete courses because the individual was	146006
called into active duty, and if scholarships for those courses	146007
have already been paid, either:	146008

(a) The adjutant general shall not add to that person's	146009
accumulated eligibility units calculated under division (E) of	146010
this section the number of eligibility units for the academic	146011
courses or term for which the scholarship was paid and the	146012
institution of higher education shall repay the scholarship amount	146013
to the state.	146014

(b) The adjutant general shall add to that individual's	146015
accumulated eligibility units calculated under division (E) of	146016
this section the number of eligibility units for the academic	146017
courses or term for which the scholarship was paid if the	146018
institution of higher education agrees to permit the individual to	146019
complete the remainder of the academic courses in which the	146020
individual was enrolled at the time the individual was called into	146021
active duty.	146022

(4) No individual who is discharged from the Ohio national	146023
guard under other than honorable conditions shall be eligible for	146024
scholarships under this division.	146025

(G) A scholarship recipient under this section who fails to	146026
complete the term of enlistment, re-enlistment, or extension of	146027
current enlistment the recipient was serving at the time a	146028
scholarship was paid on behalf of the recipient under this section	146029
is liable to the state for repayment of a percentage of all Ohio	146030
national guard scholarships paid on behalf of the recipient under	146031
this section, plus interest at the rate of ten per cent per annum	146032
calculated from the dates the scholarships were paid. This	146033
percentage shall equal the percentage of the current term of	146034
enlistment, re-enlistment, or extension of enlistment a recipient	146035
has not completed as of the date the recipient is discharged from	146036
the Ohio national guard.	146037

The attorney general may commence a civil action on behalf of	146038
the chancellor of the Ohio board of regents to recover the amount	146039
of the scholarships and the interest provided for in this division	146040
and the expenses incurred in prosecuting the action, including	146041
court costs and reasonable attorney's fees. A scholarship	146042
recipient is not liable under this division if the recipient's	146043
failure to complete the term of enlistment being served at the	146044
time a scholarship was paid on behalf of the recipient under this	146045
section is due to the recipient's death or discharge from the	146046
national guard due to disability.	146047

(H) On or before the first day of each academic term, the	146048
adjutant general shall provide an eligibility roster to the	146049
chancellor and to each institution of higher education at which	146050
one or more scholarship recipients have applied for enrollment.	146051
The institution shall use the roster to certify the actual	146052
full-time or part-time enrollment of each scholarship recipient	146053
listed as enrolled at the institution and return the roster to the	146054
adjutant general and the chancellor. Except as provided in	146055
division (J) of this section, the chancellor shall provide for	146056
payment of the appropriate number and amount of scholarships to	146057
each institution of higher education pursuant to division (D) of	146058
this section. If an institution of higher education fails to	146059
certify the actual enrollment of a scholarship recipient listed as	146060
enrolled at the institution within thirty days of the end of an	146061
academic term, the institution shall not be eligible to receive	146062
payment from the Ohio national guard scholarship program or from	146063
the individual enrollee. The adjutant general shall report on a	146064
semiannual basis to the director of budget and management, the	146065
speaker of the house of representatives, the president of the	146066
senate, and the chancellor the number of Ohio national guard	146067
scholarship recipients, the size of the scholarship-eligible	146068
population, and a projection of the cost of the program for the	146069
remainder of the biennium.	146070

(I) The chancellor and the adjutant general may adopt rules	146071
pursuant to Chapter 119. of the Revised Code governing the	146072
administration and fiscal management of the Ohio national guard	146073
scholarship program and the procedure by which the chancellor and	146074
the department of the adjutant general may modify the amount of	146075
scholarships a member receives based on the amount of other state	146076
financial aid a member receives.	146077

(J) The adjutant general, the chancellor, and the director,	146078
or their designees, shall jointly estimate the costs of the Ohio	146079
national guard scholarship program for each upcoming fiscal	146080
biennium, and shall report that estimate prior to the beginning of	146081
the fiscal biennium to the chairpersons of the finance committees	146082
in the general assembly. During each fiscal year of the biennium,	146083
the adjutant general, the chancellor, and the director, or their	146084
designees, shall meet regularly to monitor the actual costs of the	146085
Ohio national guard scholarship program and update cost	146086
projections for the remainder of the biennium as necessary. If the	146087
amounts appropriated for the Ohio national guard scholarship	146088
program and any funds in the Ohio national guard scholarship	146089
reserve fund and the Ohio national guard scholarship donation fund	146090
are not adequate to provide scholarships in the amounts specified	146091
in division (D)(1) of this section for all eligible applicants,	146092
the chancellor shall do all of the following:	146093

(1) Notify each private institution of higher education,	146094
where a scholarship recipient is enrolled, that, by accepting the	146095
Ohio national guard scholarship program as payment for all or part	146096
of the institution's tuition, the institution agrees that if the	146097
chancellor reduces the amount of each scholarship, the institution	146098
shall provide each scholarship recipient a grant or tuition waiver	146099
in an amount equal to the amount the recipient's scholarship was	146100
reduced by the chancellor.	146101

(2) Reduce the amount of each scholarship under division	146102
(D)(1)(a) of this section proportionally based on the amount of	146103
remaining available funds. Each state institution of higher	146104
education shall provide each scholarship recipient under division	146105
(D)(1)(a) of this section a grant or tuition waiver in an amount	146106
equal to the amount the recipient's scholarship was reduced by the	146107
chancellor.	146108

(K) Notwithstanding division (A) of section 127.14 of the	146109
Revised Code, the controlling board shall not transfer all or part	146110
of any appropriation for the Ohio national guard scholarship	146111
program.	146112

(L) The chancellor and the adjutant general may apply for,	146113
and may receive and accept grants, and may receive and accept	146114
gifts, bequests, and contributions, from public and private	146115
sources, including agencies and instrumentalities of the United	146116
States and this state, and shall deposit the grants, gifts,	146117
bequests, or contributions into the national guard scholarship	146118
~~reserve~~donation fund.	146119

Sec. 5919.342. The national guard scholarship donation fund	146120
is created in the state treasury. The fund shall consist of gifts,	146121
bequests, grants, and contributions made to the fund under	146122
division (L) of section 5919.34 of the Revised Code. Investment	146123
earnings of the fund shall be deposited into the fund. The fund	146124
shall be used to operate the Ohio national guard scholarship	146125
program created under section 5919.34 of the Revised Code.	146126

Sec. 5924.502. (A) If the issue of an accused's competence	146127
to stand trial is raised or if an accused enters a plea of not	146128
guilty by reason of insanity, the court may order one or more	146129
evaluations of the accused's present mental condition or, in the	146130
case of a plea of not guilty by reason of insanity, of the	146131
accused's mental condition at the time of the offense charged. An	146132
examiner shall conduct the evaluation.	146133

(B) If the court orders more than one evaluation under	146134
division (A) of this section, the trial counsel and the defense	146135
counsel may recommend to the court an examiner whom each prefers	146136
to perform one of the evaluations. If an accused enters a plea of	146137
not guilty by reason of insanity and if the court does not	146138
designate an examiner recommended by the defense counsel, the	146139
court shall inform the accused that the accused may have	146140
independent expert evaluation and that it will be obtained for the	146141
accused at public expense.	146142

(C) If the court orders an evaluation under division (A) of	146143
this section, the accused shall be available at the times and	146144
places established by the examiners who are to conduct the	146145
evaluation. The court may order an accused who is not being held	146146
in pretrial confinement to submit to an evaluation under this	146147
section. If an accused who is not being held in pretrial	146148
confinement refuses to submit to a complete evaluation, the court	146149
may order the sheriff to take the accused into custody and deliver	146150
the accused to a center, program, or facility operated or	146151
certified by the department of ~~mental health~~mental health and	146152
addiction services where the accused may be held for evaluation	146153
for a reasonable period of time not to exceed twenty days.	146154

(D) An accused who is being held in pretrial confinement may	146155
be evaluated at the accused's place of detention. Upon the request	146156
of the examiner, the court may order the sheriff to transport the	146157
accused to a program or facility operated or certified by the	146158
department of ~~mental health~~mental health and addiction services,	146159
where the accused may be held for evaluation for a reasonable	146160
period of time not to exceed twenty days, and to return the	146161
accused to the place of detention after the evaluation.	146162

(E) If a court orders the evaluation to determine an	146163
accused's mental condition at the time of the offense charged, the	146164
court shall inform the examiner of the offense with which the	146165
accused is charged.	146166

(F) In conducting an evaluation of an accused's mental	146167
condition at the time of the offense charged, the examiner shall	146168
consider all relevant evidence. If the offense charged involves	146169
the use of force against another person, the relevant evidence to	146170
be considered includes, but is not limited to, any evidence that	146171
the accused suffered at the time of the commission of the offense	146172
from the "battered woman syndrome."	146173

(G) The examiner shall file a written report with the court	146174
within thirty days after entry of a court order for evaluation,	146175
and the court shall provide copies of the report to the trial	146176
counsel and defense counsel. The report shall include all of the	146177
following:	146178

(1) The examiner's findings;

146179

(2) The facts in reasonable detail on which the findings are	146180
based;	146181

(3) If the evaluation was ordered to determine the accused's	146182
competence to stand trial, all of the following findings or	146183
recommendations that are applicable:	146184

(a) Whether the accused is capable of understanding the	146185
nature and objective of the proceedings against the accused or of	146186
assisting in the accused's defense;	146187

(b) If the examiner's opinion is that the accused is	146188
incapable of understanding the nature and objective of the	146189
proceedings against the accused or of assisting in the accused's	146190
defense, whether the accused presently is mentally ill;	146191

(c) If the examiner's opinion is that the accused is	146192
incapable of understanding the nature and objective of the	146193
proceedings against the accused or of assisting in the accused's	146194
defense, the examiner's opinion as to the likelihood of the	146195
accused becoming capable of understanding the nature and objective	146196
of the proceedings against the accused and of assisting in the	146197
accused's defense within one year if the accused is provided with	146198
a course of treatment;	146199

(d) If the examiner's opinion is that the accused is	146200
incapable of understanding the nature and objective of the	146201
proceedings against the accused or of assisting in the accused's	146202
defense and that the accused presently is mentally ill, the	146203
examiner's recommendation as to the least restrictive placement or	146204
commitment alternative, consistent with the accused's treatment	146205
needs for restoration to competency and with the safety of the	146206
community;	146207

(e) If the accused is charged before a special or summary	146208
court-martial with an offense that is not a violation of section	146209
5924.120, 5924.127, or 5924.128 of the Revised Code and the	146210
examiner's opinion is that the accused is incapable of	146211
understanding the nature and objective of the proceedings against	146212
the accused or of assisting in the accused's defense and that the	146213
accused is presently mentally ill, the examiner's recommendation	146214
as to whether the accused is amenable to engagement in mental	146215
health treatment.	146216

(4) If the evaluation was ordered to determine the accused's	146217
mental condition at the time of the offense charged, the	146218
examiner's findings as to whether the accused at the time of the	146219
offense charged did not know, as a result of a severe mental	146220
disease or defect, the wrongfulness of the accused's acts charged.	146221

(H) An examiner appointed under divisions (A) and (B) of this	146222
section to evaluate an accused to determine the accused's	146223
competence to stand trial also may be appointed to evaluate an	146224
accused who has entered a plea of not guilty by reason of	146225
insanity, but an examiner of that nature shall prepare separate	146226
reports on the issue of competence to stand trial and the defense	146227
of not guilty by reason of insanity.	146228

(I) No statement that an accused makes in an evaluation or	146229
hearing under divisions (A) to (H) of this section relating to the	146230
accused's competence to stand trial or to the accused's mental	146231
condition at the time of the offense charged may be used against	146232
the accused on the issue of guilt in any criminal action or	146233
proceeding, but, in a criminal action or proceeding, the trial	146234
counsel or defense counsel may call as a witness any person who	146235
evaluated the accused or prepared a report pursuant to a referral	146236
under this section. Neither the appointment nor the testimony of	146237
an examiner appointed under this section precludes the trial	146238
counsel or defense counsel from calling other witnesses or	146239
presenting other evidence on competency or insanity issues.	146240

(J) Persons appointed as examiners under divisions (A) and	146241
(B) of this section or under division (H) of this section shall be	146242
paid a reasonable amount for their services and expenses, as	146243
certified by the court.	146244

Sec. 5924.503. (A) If the issue of an accused's competence	146245
to stand trial is raised and if the court, upon conducting the	146246
hearing provided for in section 5924.502 of the Revised Code,	146247
finds that the accused is competent to stand trial, the accused	146248
shall be proceeded against as provided by law. If the court finds	146249
the accused competent to stand trial and the accused is receiving	146250
psychotropic drugs or other medication, the court may authorize	146251
the continued administration of the drugs or medication or other	146252
appropriate treatment in order to maintain the accused's	146253
competence to stand trial unless the accused's attending physician	146254
advises the court against continuation of the drugs, other	146255
medication, or treatment.	146256

(B)(1)(a) If, after taking into consideration all relevant	146257
reports, information, and other evidence, the court finds that the	146258
accused is incompetent to stand trial and that there is a	146259
substantial probability that the accused will become competent to	146260
stand trial within one year if the accused is provided with a	146261
course of treatment, the court shall order the accused to undergo	146262
treatment. If the accused is being tried by a general	146263
court-martial and if, after taking into consideration all relevant	146264
reports, information, and other evidence, the court finds that the	146265
accused is incompetent to stand trial, but the court is unable at	146266
that time to determine whether there is a substantial probability	146267
that the accused will become competent to stand trial within one	146268
year if the accused is provided with a course of treatment, the	146269
court shall order continuing evaluation and treatment of the	146270
accused for a period not to exceed four months to determine	146271
whether there is a substantial probability that the accused will	146272
become competent to stand trial within one year if the accused is	146273
provided with a course of treatment.	146274

(b) The court order for the accused to undergo treatment or	146275
continuing evaluation and treatment under division (B)(1)(a) of	146276
this section shall specify that the accused, if determined to	146277
require mental health treatment or continuing evaluation and	146278
treatment, shall be committed to the department of ~~mental health~~	146279
mental health and addiction services for treatment or continuing	146280
evaluation and treatment at a hospital, facility, or agency	146281
determined to be clinically appropriate by the department of	146282
~~mental health~~mental health and addiction services. The order may	146283
restrict the accused's freedom of movement as the court considers	146284
necessary. The trial counsel in the accused's case shall send to	146285
the chief clinical officer of the hospital, facility, or ~~agency~~	146286
services provider where the accused is placed by the department of	146287
~~mental health~~mental health and addiction services or to the	146288
managing officer of the institution, the director of the facility,	146289
or the person to which the accused is committed copies of relevant	146290
investigative reports and other background information that	146291
pertains to the accused and is available to the trial counsel	146292
unless the trial counsel determines that the release of any of the	146293
information in the investigative reports or any of the other	146294
background information to unauthorized persons would interfere	146295
with the effective prosecution of any person or would create a	146296
substantial risk of harm to any person.	146297

In committing the accused to the department of ~~mental health~~	146298
mental health and addiction services, the court shall consider the	146299
extent to which the person is a danger to the person and to	146300
others, the need for security, and the type of crime involved and,	146301
if the court finds that restrictions on the accused's freedom of	146302
movement are necessary, shall specify the least restrictive	146303
limitations on the person's freedom of movement determined to be	146304
necessary to protect public safety. In weighing these factors, the	146305
court shall give preference to protecting public safety.	146306

(c) If the accused is found incompetent to stand trial, if	146307
the chief clinical officer of the hospital, facility, or ~~agency~~	146308
services provider where the accused is placed, or the managing	146309
officer of the institution, the director of the facility, or the	146310
person to which the accused is committed for treatment or	146311
continuing evaluation and treatment under division (B)(1)(b) of	146312
this section determines that medication is necessary to restore	146313
the accused's competency to stand trial, and if the accused lacks	146314
the capacity to give informed consent or refuses medication, the	146315
chief clinical officer of the hospital, facility, or ~~agency~~	146316
services provider where the accused is placed or the managing	146317
officer of the institution, the director of the facility, or the	146318
person to which the accused is committed for treatment or	146319
continuing evaluation and treatment may petition the court for	146320
authorization for the involuntary administration of medication.	146321
The court shall hold a hearing on the petition within five days of	146322
the filing of the petition. Following the hearing, the court may	146323
authorize the involuntary administration of medication or may	146324
dismiss the petition.	146325

(d) If the accused is charged before a special or summary	146326
court-martial with an offense that is not a violation of section	146327
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	146328
counsel may hold the charges in abeyance while the accused engages	146329
in mental health treatment.	146330

(2) If the court finds that the accused is incompetent to	146331
stand trial and that, even if the accused is provided with a	146332
course of treatment, there is not a substantial probability that	146333
the accused will become competent to stand trial within one year,	146334
the court shall order the discharge of the accused, unless upon	146335
motion of the trial counsel or on its own motion, the court either	146336
seeks to retain jurisdiction over the accused pursuant to division	146337
(A)(2) of section 5924.504 of the Revised Code or files an	146338
affidavit in the probate court for the civil commitment of the	146339
accused pursuant to Chapter 5122. of the Revised Code alleging	146340
that the accused is a mentally ill person subject to	146341
hospitalization by court order. If an affidavit is filed in the	146342
probate court, the trial court shall send to the probate court	146343
copies of all written reports of the accused's mental condition	146344
that were prepared pursuant to section 5924.502 of the Revised	146345
Code.	146346

The trial court may issue the temporary order of detention	146347
that a probate court may issue under section 5122.11 of the	146348
Revised Code, to remain in effect until the probable cause or	146349
initial hearing in the probate court. Further proceedings in the	146350
probate court are civil proceedings governed by Chapter 5122. of	146351
the Revised Code.	146352

(C) No accused shall be required to undergo treatment,	146353
including any continuing evaluation and treatment, under division	146354
(B)(1) of this section for longer than whichever of the following	146355
periods is applicable:	146356

(1) One year, if the accused is being tried by a general	146357
court-martial;	146358

(2) Six months, if the accused is being tried before a	146359
special court-martial;	146360

(3) Sixty days, if the accused is being tried before a	146361
summary court-martial.	146362

(D) Any accused who is committed pursuant to this section	146363
shall not voluntarily admit the accused or be voluntarily admitted	146364
to a hospital or institution pursuant to section 5122.02 or	146365
5122.15 of the Revised Code.	146366

(E) Except as otherwise provided in this division, an accused	146367
who is charged with an offense and is committed by the court under	146368
this section to the department of ~~mental health~~mental health and	146369
addiction services with restrictions on the accused's freedom of	146370
movement shall not be granted unsupervised on-grounds movement,	146371
supervised off-grounds movement, or nonsecured status except in	146372
accordance with the court order. The court may grant an accused	146373
supervised off-grounds movement to obtain medical treatment or	146374
specialized habilitation treatment services if the person who	146375
supervises the treatment or the continuing evaluation and	146376
treatment of the accused ordered under division (B)(1)(a) of this	146377
section informs the court that the treatment or continuing	146378
evaluation and treatment cannot be provided at the hospital or	146379
facility where the accused is placed by the department of ~~mental~~	146380
~~health~~mental health and addiction services. The chief clinical	146381
officer of the hospital or facility where the accused is placed by	146382
the department of ~~mental health~~mental health and addiction	146383
services or the managing officer of the institution or director of	146384
the facility to which the accused is committed or a designee of	146385
any of those persons may grant an accused movement to a medical	146386
facility for an emergency medical situation with appropriate	146387
supervision to ensure the safety of the accused, staff, and	146388
community during that emergency medical situation. The chief	146389
clinical officer of the hospital or facility where the accused is	146390
placed by the department of ~~mental health~~mental health and	146391
addiction services or the managing officer of the institution or	146392
director of the facility to which the accused is committed shall	146393
notify the court within twenty-four hours of the accused's	146394
movement to the medical facility for an emergency medical	146395
situation under this division.	146396

(F) The person who supervises the treatment or continuing	146397
evaluation and treatment of an accused ordered to undergo	146398
treatment or continuing evaluation and treatment under division	146399
(B)(1)(a) of this section shall file a written report with the	146400
court at the following times:	146401

(1) Whenever the person believes the accused is capable of	146402
understanding the nature and objective of the proceedings against	146403
the accused and of assisting in the accused's defense;	146404

(2) Fourteen days before expiration of the maximum time for	146405
treatment as specified in division (C) of this section and	146406
fourteen days before the expiration of the maximum time for	146407
continuing evaluation and treatment as specified in division	146408
(B)(1)(a) of this section;	146409

(3) At a minimum, after each six months of treatment;

146410

(4) Whenever the person who supervises the treatment or	146411
continuing evaluation and treatment of an accused ordered under	146412
division (B)(1)(a) of this section believes that there is not a	146413
substantial probability that the accused will become capable of	146414
understanding the nature and objective of the proceedings against	146415
the accused or of assisting in the accused's defense even if the	146416
accused is provided with a course of treatment.	146417

(G) A report under division (F) of this section shall contain	146418
the examiner's findings, the facts in reasonable detail on which	146419
the findings are based, and the examiner's opinion as to the	146420
accused's capability of understanding the nature and objective of	146421
the proceedings against the accused and of assisting in the	146422
accused's defense. If, in the examiner's opinion, the accused	146423
remains incapable of understanding the nature and objective of the	146424
proceedings against the accused and of assisting in the accused's	146425
defense and there is a substantial probability that the accused	146426
will become capable of understanding the nature and objective of	146427
the proceedings against the accused and of assisting in the	146428
accused's defense if the accused is provided with a course of	146429
treatment, if in the examiner's opinion the accused remains	146430
mentally ill, and if the maximum time for treatment as specified	146431
in division (C) of this section has not expired, the report also	146432
shall contain the examiner's recommendation as to the least	146433
restrictive placement or commitment alternative that is consistent	146434
with the accused's treatment needs for restoration to competency	146435
and with the safety of the community. The court shall provide	146436
copies of the report to the trial counsel and defense counsel.	146437

(H) If an accused is committed pursuant to division (B)(1) of	146438
this section, within ten days after the treating physician of the	146439
accused or the examiner of the accused who is employed or retained	146440
by the treating facility advises that there is not a substantial	146441
probability that the accused will become capable of understanding	146442
the nature and objective of the proceedings against the accused or	146443
of assisting in the accused's defense even if the accused is	146444
provided with a course of treatment, within ten days after the	146445
expiration of the maximum time for treatment as specified in	146446
division (C) of this section, within ten days after the expiration	146447
of the maximum time for continuing evaluation and treatment as	146448
specified in division (B)(1)(a) of this section, within thirty	146449
days after an accused's request for a hearing that is made after	146450
six months of treatment, or within thirty days after being advised	146451
by the treating physician or examiner that the accused is	146452
competent to stand trial, whichever is the earliest, the court	146453
shall conduct another hearing to determine if the accused is	146454
competent to stand trial and shall do whichever of the following	146455
is applicable:	146456

(1) If the court finds that the accused is competent to stand	146457
trial, the accused shall be proceeded against as provided by law.	146458

(2) If the court finds that the accused is incompetent to	146459
stand trial, but that there is a substantial probability that the	146460
accused will become competent to stand trial if the accused is	146461
provided with a course of treatment, and the maximum time for	146462
treatment as specified in division (C) of this section has not	146463
expired, the court, after consideration of the examiner's	146464
recommendation, shall order that treatment be continued, may	146465
change least restrictive limitations on the accused's freedom of	146466
movement.	146467

(3) If the court finds that the accused is incompetent to	146468
stand trial, if the accused is being tried by a general	146469
court-martial, and if the court finds that there is not a	146470
substantial probability that the accused will become competent to	146471
stand trial even if the accused is provided with a course of	146472
treatment, or if the maximum time for treatment as specified in	146473
division (C) of this section has expired, further proceedings	146474
shall be as provided in sections 5924.504 to 5924.506 of the	146475
Revised Code.	146476

(4) If the court finds that the accused is incompetent to	146477
stand trial, if the accused is being tried before a special	146478
court-martial, and if the court finds that there is not a	146479
substantial probability that the accused will become competent to	146480
stand trial even if the accused is provided with a course of	146481
treatment, or if the maximum time for treatment as specified in	146482
division (C) of this section has expired, the court shall dismiss	146483
the charge against the accused. A dismissal under this division is	146484
not a bar to further prosecution based on the same conduct. The	146485
court shall discharge the accused unless the court or trial	146486
counsel files an affidavit in probate court for civil commitment	146487
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	146488
civil commitment is filed, the court may detain the accused for	146489
ten days pending civil commitment. All of the following provisions	146490
apply to persons being tried by a special court-martial who are	146491
committed by the probate court subsequent to the court's or trial	146492
counsel's filing of an affidavit for civil commitment under	146493
authority of this division:	146494

(a) The chief clinical officer of the entity, hospital, or	146495
facility, the managing officer of the institution, or the person	146496
to which the accused is committed or admitted shall do all of the	146497
following:	146498

(i) Notify the trial counsel in writing of the discharge of	146499
the accused, send the notice at least ten days prior to the	146500
discharge unless the discharge is by the probate court, and state	146501
in the notice the date on which the accused will be discharged;	146502

(ii) Notify the trial counsel in writing when the accused is	146503
absent without leave or is granted unsupervised, off-grounds	146504
movement and send this notice promptly after the discovery of the	146505
absence without leave or prior to the granting of the	146506
unsupervised, off-grounds movement, whichever is applicable;	146507

(iii) Notify the trial counsel in writing of the change of	146508
the accused's commitment or admission to voluntary status, send	146509
the notice promptly upon learning of the change to voluntary	146510
status, and state in the notice the date on which the accused was	146511
committed or admitted on a voluntary status.	146512

(b) The trial counsel shall promptly inform the convening	146513
authority of any notification received under division (H)(4)(a) of	146514
this section. Upon receiving notice that the accused will be	146515
granted unsupervised, off-grounds movement, the convening	146516
authority either shall refer the charges against the accused to an	146517
investigating officer again or promptly notify the court that the	146518
convening authority does not intend to refer the charges against	146519
the accused again.	146520

(I) If an accused is convicted of a crime and sentenced to	146521
confinement, the accused's sentence shall be reduced by the total	146522
number of days the accused is confined for evaluation to determine	146523
the accused's competence to stand trial or treatment under this	146524
section and sections 5924.502 and 5924.504 of the Revised Code or	146525
by the total number of days the accused is confined for evaluation	146526
to determine the accused's mental condition at the time of the	146527
offense charged.	146528

Sec. 5924.504. (A) If an accused being tried by a general	146529
court-martial is found incompetent to stand trial, after the	146530
expiration of the maximum time for treatment as specified in	146531
division (C) of section 5924.503 of the Revised Code or after the	146532
court finds that there is not a substantial probability that the	146533
accused will become competent to stand trial even if the accused	146534
is provided with a course of treatment, one of the following	146535
applies:	146536

(1) The court or the trial counsel may file an affidavit in	146537
probate court for civil commitment of the accused in the manner	146538
provided in Chapter 5122. of the Revised Code. If the court or	146539
trial counsel files an affidavit for civil commitment, the court	146540
may detain the accused for ten days pending civil commitment. If	146541
the probate court commits the accused subsequent to the court's or	146542
trial counsel's filing of an affidavit for civil commitment, the	146543
chief clinical officer of the entity, hospital, or facility, the	146544
managing officer of the institution, or the person to which the	146545
accused is committed or admitted shall send to the trial counsel	146546
the notices described in divisions (H)(4)(a)(i) to (iii) of	146547
section 5924.503 of the Revised Code within the periods of time	146548
and under the circumstances specified in those divisions.	146549

(2) On the motion of the trial counsel or on its own motion,	146550
the court may retain jurisdiction over the accused if at a hearing	146551
the court finds both of the following by clear and convincing	146552
evidence:	146553

(a) The accused committed the offense with which the accused	146554
is charged.	146555

(b) The accused is a mentally ill person subject to	146556
hospitalization by court order.	146557

(B) In making its determination under division (A)(2) of this	146558
section as to whether to retain jurisdiction over the accused, the	146559
court may consider all relevant evidence, including, but not	146560
limited to, any relevant psychiatric, psychological, or medical	146561
testimony or reports, the acts constituting the offense charged,	146562
and any history of the accused that is relevant to the accused's	146563
ability to conform to the law.	146564

(C) If the court conducts a hearing as described in division	146565
(A)(2) of this section and if the court does not make both	146566
findings described in divisions (A)(2)(a) and (b) of this section	146567
by clear and convincing evidence, the court shall dismiss the	146568
charges against the accused. Upon the dismissal, the court shall	146569
discharge the accused unless the court or trial counsel files an	146570
affidavit in probate court for civil commitment of the accused	146571
pursuant to Chapter 5122. of the Revised Code. If the court or	146572
trial counsel files an affidavit for civil commitment, the court	146573
may order that the accused be detained for up to ten days pending	146574
the civil commitment. If the probate court commits the accused	146575
subsequent to the court's or trial counsel's filing of an	146576
affidavit for civil commitment, the chief clinical officer of the	146577
entity, hospital, or facility, the managing officer of the	146578
institution, or the person to which the accused is committed or	146579
admitted shall send to the trial counsel the notices described in	146580
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	146581
Code within the periods of time and under the circumstances	146582
specified in those divisions. A dismissal of charges under this	146583
division is not a bar to further criminal proceedings based on the	146584
same conduct.	146585

(D)(1) If the court conducts a hearing as described in	146586
division (A)(2) of this section and if the court makes the	146587
findings described in divisions (A)(2)(a) and (b) of this section	146588
by clear and convincing evidence, the court shall commit the	146589
accused, if determined to require mental health treatment, to the	146590
department of ~~mental health~~mental health and addiction services	146591
for treatment at a hospital, facility, or ~~agency~~services provider	146592
as determined clinically appropriate by the department of ~~mental~~	146593
~~health~~mental health and addiction services. In committing the	146594
accused to the department of ~~mental health~~mental health and	146595
addiction services, the court shall specify the least restrictive	146596
limitations on the accused's freedom of movement determined to be	146597
necessary to protect public safety.	146598

(2) If a court makes a commitment of an accused under	146599
division (D)(1) of this section, the trial counsel shall send to	146600
the hospital, facility, or ~~agency~~services provider where the	146601
accused is placed by the department of ~~mental health~~mental health	146602
and addiction services or to the accused's place of commitment all	146603
reports of the accused's current mental condition and, except as	146604
otherwise provided in this division, any other relevant	146605
information, including, but not limited to, a transcript of the	146606
hearing held pursuant to division (A)(2) of this section, copies	146607
of relevant investigative reports, and copies of any prior arrest	146608
and conviction records that pertain to the accused and that the	146609
trial counsel possesses. The trial counsel shall send the reports	146610
of the accused's current mental condition in every case of	146611
commitment, and, unless the trial counsel determines that the	146612
release of any of the other relevant information to unauthorized	146613
persons would interfere with the effective prosecution of any	146614
person or would create a substantial risk of harm to any person,	146615
the trial counsel also shall send the other relevant information.	146616

(3) If a court makes a commitment under division (D)(1) of	146617
this section, all further proceedings shall be in accordance with	146618
Chapter 5122. of the Revised Code.	146619

Sec. 5924.506. (A) If an accused person is found not guilty	146620
by reason of insanity, the verdict shall state that finding, and	146621
the trial court shall conduct a full hearing to determine whether	146622
the person is a mentally ill person subject to hospitalization by	146623
court order. Prior to the hearing, if the military judge believes	146624
that there is probable cause that the person found not guilty by	146625
reason of insanity is a mentally ill person subject to	146626
hospitalization by court order, the military judge may issue a	146627
temporary order of detention for that person to remain in effect	146628
for ten court days or until the hearing, whichever occurs first.	146629

Any person detained pursuant to a temporary order of	146630
detention issued under this division shall be held in a suitable	146631
facility, taking into consideration the place and type of	146632
confinement prior to and during trial.	146633

(B) The court shall hold the hearing under division (A) of	146634
this section to determine whether the person found not guilty by	146635
reason of insanity is a mentally ill person subject to	146636
hospitalization by court order within ten court days after the	146637
finding of not guilty by reason of insanity. Failure to conduct	146638
the hearing within the ten-day period shall cause the immediate	146639
discharge of the respondent, unless the judge grants a continuance	146640
for not longer than ten court days for good cause shown or for any	146641
period of time upon motion of the respondent.	146642

(C) If a person is found not guilty by reason of insanity,	146643
the person has the right to attend a hearing conducted pursuant to	146644
this section. At the hearing, the court shall inform the person	146645
that the person has all of the following rights:	146646

(1) The right to be represented by defense counsel or to	146647
retain civilian counsel, if the person so chooses;	146648

(2) The right to have independent expert evaluation;

146649

(3) The right to subpoena witnesses and documents, to present	146650
evidence on the person's behalf, and to cross-examine witnesses	146651
against the person;	146652

(4) The right to testify in the person's own behalf and to	146653
not be compelled to testify;	146654

(5) The right to have copies of any relevant medical or	146655
mental health document in the custody of the state or of any place	146656
of commitment other than a document for which the court finds that	146657
the release to the person of information contained in the document	146658
would create a substantial risk of harm to any person.	146659

(D) The hearing under division (A) of this section shall be	146660
open to the public, and the court shall conduct the hearing in	146661
accordance with regulations prescribed by the adjutant general.	146662
The court shall make and maintain a full transcript and record of	146663
the hearing proceedings. The court may consider all relevant	146664
evidence, including, but not limited to, any relevant psychiatric,	146665
psychological, or medical testimony or reports, the acts	146666
constituting the offense in relation to which the person was found	146667
not guilty by reason of insanity, and any history of the person	146668
that is relevant to the person's ability to conform to the law.	146669

(E) Upon completion of the hearing under division (A) of this	146670
section, if the court finds there is not clear and convincing	146671
evidence that the person is a mentally ill person subject to	146672
hospitalization by court order, the court shall discharge the	146673
person, unless a detainer has been placed upon the person by the	146674
department of rehabilitation and correction, in which case the	146675
person shall be returned to that department.	146676

(F) If, at the hearing under division (A) of this section,	146677
the court finds by clear and convincing evidence that the person	146678
is a mentally ill person subject to hospitalization by court	146679
order, it shall commit the person to the department of ~~mental~~	146680
~~health~~mental health and addiction services for placement in a	146681
hospital, facility, or ~~agency~~services provider as determined	146682
clinically appropriate by the department of ~~mental health~~mental	146683
health and addiction services. Further proceedings shall be in	146684
accordance with Chapter 5122. or 5123. of the Revised Code. In	146685
committing the accused to the department of ~~mental health~~mental	146686
health and addiction services, the court shall specify the least	146687
restrictive limitations on the accused's freedom of movement	146688
determined to be necessary to protect public safety.	146689

(G) If a court makes a commitment of a person under division	146690
(F) of this section, the trial counsel shall send to the hospital,	146691
facility, or ~~agency~~services provider where the defendant is	146692
placed by the department of ~~mental health~~mental health and	146693
addiction services or to the accused's place of commitment all	146694
reports of the person's current mental condition, and, except as	146695
otherwise provided in this division, any other relevant	146696
information, including, but not limited to, a transcript of the	146697
hearing held pursuant to division (A) of this section, copies of	146698
relevant investigative reports, and copies of any prior arrest and	146699
conviction records that pertain to the person and that the trial	146700
counsel possesses. The trial counsel shall send the reports of the	146701
person's current mental condition in every case of commitment,	146702
and, unless the trial counsel determines that the release of any	146703
of the other relevant information to unauthorized persons would	146704
interfere with the effective prosecution of any person or would	146705
create a substantial risk of harm to any person, the trial counsel	146706
also shall send the other relevant information.	146707

(H) A person who is committed pursuant to this section shall	146708
not voluntarily admit the person or be voluntarily admitted to a	146709
hospital or institution pursuant to sections 5122.02 and 5122.15	146710
of the Revised Code.	146711

Sec. 6109.21. (A) Except as provided in divisions (I) and	146712
(J) of this section, no person shall operate a public water system	146713
in this state without a license issued by the director of	146714
environmental protection.	146715

(B)~~(1)~~ A person who proposes to operate a new public water	146716
system, in addition to complying with section 6109.07 of the	146717
Revised Code and rules adopted under it, shall obtain an initial	146718
license from the director. The person shall submit an application	146719
for the initial license at least forty-five days prior to	146720
commencing the operation of the system.	146721

(C) A license shall expire on the thirtieth day of January in	146722
the year following its issuance.	146723

(D) A license shall be renewed annually. A person proposing	146724
to continue operating a public water system shall apply for a	146725
license renewal at least thirty days prior to the expiration date	146726
of the license.	146727

(E) ~~Through June 30, 2014, each~~Each application for a	146728
license or license renewal shall be accompanied by the appropriate	146729
fee established under division (M) of section 3745.11 of the	146730
Revised Code. However, an applicant for an initial license who is	146731
proposing to operate a new public water system shall submit a fee	146732
that equals a prorated amount of the appropriate fee established	146733
under that division for the remainder of the licensing year.	146734

(F) Not later than thirty days after receiving a completed	146735
application and the appropriate license fee for a license or	146736
license renewal for a public water system, the director shall do	146737
one of the following:	146738

(1) Issue the license or license renewal for the public water	146739
system;	146740

(2) Issue the license or license renewal subject to terms and	146741
conditions that the director determines are necessary to ensure	146742
compliance with this chapter and rules adopted under it;	146743

(3) Deny the license or license renewal if the director finds	146744
that the public water system cannot be operated in substantial	146745
compliance with this chapter and rules adopted under it.	146746

(G) The director may condition, suspend, or revoke a license	146747
or license renewal issued under this section at any time if the	146748
director finds that the public water system was not or will not be	146749
operated in substantial compliance with this chapter and rules	146750
adopted under it.	146751

(H) The director shall adopt rules in accordance with Chapter	146752
119. of the Revised Code establishing procedures and requirements	146753
governing both of the following:	146754

(1) Information to be included on applications for licenses	146755
and license renewals issued under this section;	146756

(2) The issuance, conditioning, suspension, revocation, and	146757
denial of licenses and license renewals under this section.	146758

(I)(1) As used in division (I) of this section, "church"	146759
means a fellowship of believers, congregation, society,	146760
corporation, convention, or association that is formed primarily	146761
or exclusively for religious purposes and that is not formed or	146762
operated for the private profit of any person.	146763

(2) This section does not apply to a church that operates or	146764
maintains a public water system solely to provide water for that	146765
church or for a campground that is owned by the church and	146766
operated primarily or exclusively for members of the church and	146767
their families.	146768

(J) This section does not apply to any public or nonpublic	146769
school that meets minimum standards of the state board of	146770
education that operates or maintains a public water system solely	146771
to provide water for that school.	146772

(K) The environmental protection agency shall collect well	146773
log filing fees on behalf of the division of soil and water	146774
resources in the department of natural resources in accordance	146775
with section 1521.05 of the Revised Code and rules adopted under	146776
it. The fees shall be submitted to the division quarterly as	146777
provided in those rules.	146778

Sec. 6111.037. (A) ~~There is hereby created in the state~~	146779
~~treasury the nonpoint source pollution management fund. The fund~~	146780
~~shall consist of grant moneys received under~~For purposes of state	146781
nonpoint source pollution management and pursuant to section 319	146782
of the "Federal Water Pollution Control Act," ~~for purposes of~~	146783
~~assisting with the development and implementation of a~~	146784
~~comprehensive nonpoint source pollution management program~~	146785
~~pursuant to that section of the act. Moneys credited to the fund~~	146786
~~may be used for purposes of research, planning, water quality~~	146787
~~assessments, demonstration projects, enforcement, technical~~	146788
~~assistance, education, and training regarding management of~~	146789
~~nonpoint sources of water pollution. The~~the director of	146790
environmental protection may enter into agreements to receive	146791
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	146792
for deposit into the state treasury to the credit of the water	146793
quality protection fund created in section 6111.0381 of the	146794
Revised Code. The director may enter into agreements to make	146795
grants of moneys credited to the fund under this section,	146796
including, without limitation, passthrough grants to other state	146797
departments or agencies.	146798

(B) The director shall periodically prepare and, by rules	146799
adopted under division (O) of section 6111.036 of the Revised	146800
Code, establish a priority system for identifying activities	146801
eligible for assistance under this section. The priority system	146802
shall ensure that financial assistance available under this	146803
section is first provided to:	146804

(1) Control particularly difficult or serious nonpoint source	146805
pollution problems, including, without limitation, problems	146806
resulting from mining activities;	146807

(2) Implement innovative methods or practices for controlling	146808
nonpoint sources of pollution, including, without limitation,	146809
regulatory programs that the director determines are appropriate;	146810

(3) Control interstate nonpoint source pollution problems;

146811

(4) Implement ground and surface water quality protection	146812
activities that the director determines are part of a	146813
comprehensive nonpoint source pollution control program, which	146814
activities include research, planning, ~~ground~~ water quality	146815
assessments, demonstration programs, enforcement, technical	146816
assistance, education, and training to protect ~~ground~~ water	146817
quality from nonpoint sources of pollution.	146818

Sec. 6133.041. (A) Notwithstanding any other provision of	146819
this chapter or Chapter 6131. of the Revised Code to the contrary,	146820
a joint board of county commissioners, when practicable, may	146821
conduct proceedings regarding existing improvements by video	146822
conference or, if video conference is not available, by	146823
teleconference. The joint board shall make provisions for public	146824
attendance at any location involved in such a proceeding. The	146825
participation of any commissioner or board of county commissioners	146826
in a video conference or teleconference shall occur at the	146827
location of the commissioners' main office or board room in an	146828
open meeting at which the public is allowed to attend.	146829

(B) Before convening a meeting of a joint board of county	146830
commissioners by video conference or by teleconference, designated	146831
staff shall send, via electronic mail, facsimile, or United States	146832
postal service, a copy of meeting-related documents to each member	146833
of the joint board.	146834

(C) The minutes of each joint county ditch meeting shall	146835
specify who was attending by teleconference, who was attending by	146836
video conference, and who was physically present.	146837

(D) Nothing in section 121.22 of the Revised Code prohibits a	146838
joint board of county commissioners from conducting a proceeding	146839
in a manner authorized by this section.	146840

Section 101.02. That existing sections 9.03, 9.15, 9.231,	146841
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144,	146842
103.63, 107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71,	146843
109.746, 109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28,	146844
113.02, 113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02,	146845
121.03, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	146846
122.171, 122.175, 122.28, 122.30, 122.31, 122.32, 122.33, 122.34,	146847
122.35, 122.36, 122.58, 122.657, 122.658, 122.66, 122.67, 122.68,	146848
122.69, 122.70, 122.701, 122.76, 122.861, 123.01, 123.10, 123.11,	146849
123.201, 123.21, 123.27, 124.11, 124.14, 124.18, 124.30, 124.341,	146850
124.381, 124.57, 124.84, 125.05, 125.21, 125.212, 125.28, 125.602,	146851
125.603, 125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45,	146852
126.46, 126.47, 126.48, 127.14, 127.16, 131.51, 133.01, 133.06,	146853
135.143, 135.22, 135.35, 135.61, 135.71, 135.80, 135.81, 135.85,	146854
140.01, 140.03, 140.05, 145.01, 145.012, 145.037, 145.22, 149.01,	146855
149.12, 149.311, 149.43, 149.431, 149.54, 151.11, 152.09, 153.692,	146856
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	146857
156.04, 156.05, 166.02, 166.03, 166.04, 166.08, 166.25, 167.03,	146858
169.02, 169.05, 169.07, 169.08, 173.03, 173.14, 173.17, 173.19,	146859
173.20, 173.21, 173.23, 173.25, 173.26, 173.27, 173.28, 173.39,	146860
173.391, 173.392, 173.394, 173.40, 173.401, 173.402, 173.403,	146861
173.404, 173.42, 173.43, 173.431, 173.432, 173.434, 173.45,	146862
173.47, 173.48, 173.50, 173.501, 173.99, 175.04, 187.10, 191.01,	146863
191.02, 191.04, 191.06, 301.28, 305.23, 306.35, 307.07, 307.674,	146864
307.86, 309.09, 317.06, 317.08, 317.32, 317.321, 317.36, 321.35,	146865
321.44, 323.158, 329.04, 329.051, 329.06, 329.14, 333.01, 333.02,	146866
333.03, 333.04, 333.05, 339.02, 339.05, 339.06, 339.07, 340.01,	146867
340.011, 340.02, 340.021, 340.03, 340.031, 340.032, 340.04,	146868
340.05, 340.07, 340.09, 340.091, 340.10, 340.11, 340.12, 340.13,	146869
340.15, 340.16, 341.192, 349.01, 349.04, 351.021, 715.013,	146870
715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06, 901.21,	146871
901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02, 924.06,	146872
927.54, 935.01, 935.03, 935.041, 935.12, 955.01, 955.05, 955.06,	146873
955.07, 955.08, 955.09, 955.12, 955.14, 955.201, 956.07, 956.18,	146874
959.131, 959.132, 959.99, 991.03, 991.04, 991.06, 1309.521,	146875
1321.51, 1321.535, 1321.55, 1322.01, 1322.051, 1327.46, 1327.48,	146876
1327.50, 1327.501, 1327.61, 1327.99, 1332.26, 1337.11, 1347.08,	146877
1501.011, 1501.45, 1506.21, 1506.30, 1509.01, 1509.02, 1509.062,	146878
1509.10, 1509.11, 1509.22, 1509.226, 1509.50, 1511.02, 1511.022,	146879
1519.05, 1531.06, 1531.17, 1545.071, 1547.05, 1547.051, 1547.052,	146880
1547.06, 1547.542, 1547.99, 1548.02, 1551.33, 1551.35, 1555.15,	146881
1711.07, 1721.10, 1724.03, 1739.061, 1751.01, 1751.11, 1751.12,	146882
1751.14, 1751.271, 1751.31, 1751.60, 1901.10, 1901.12, 1901.33,	146883
1907.14, 1923.14, 2101.08, 2101.24, 2108.05, 2113.041, 2113.06,	146884
2117.061, 2117.25, 2133.01, 2133.25, 2151.011, 2151.3514,	146885
2151.362, 2151.83, 2151.86, 2152.54, 2152.59, 2301.14, 2301.20,	146886
2301.23, 2301.24, 2301.25, 2303.201, 2305.234, 2307.65, 2311.14,	146887
2317.02, 2317.422, 2335.09, 2335.11, 2501.16, 2505.02, 2701.03,	146888
2701.031, 2743.03, 2743.09, 2743.121, 2743.191, 2743.20, 2743.48,	146889
2743.52, 2743.53, 2743.531, 2743.55, 2743.60, 2743.601, 2743.61,	146890
2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.67, 2743.68,	146891
2743.69, 2743.71, 2744.05, 2901.13, 2901.30, 2903.33, 2907.22,	146892
2913.01, 2913.40, 2913.401, 2915.02, 2919.271, 2921.01, 2921.22,	146893
2921.36, 2921.38, 2923.126, 2925.03, 2929.15, 2930.01, 2935.03,	146894
2935.33, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	146895
2951.041, 2953.32, 2967.22, 2981.01, 2981.12, 2981.13, 3101.051,	146896
3107.083, 3109.15, 3111.04, 3111.72, 3119.29, 3119.54, 3121.441,	146897
3121.89, 3121.891, 3121.892, 3121.893, 3121.898, 3123.958,	146898
3125.18, 3125.36, 3301.07, 3301.0711, 3301.0712, 3301.0714,	146899
3301.0715, 3301.0723, 3301.0725, 3301.15, 3301.16, 3302.01,	146900
3302.03, 3302.032, 3302.20, 3302.21, 3302.22, 3303.41, 3304.11,	146901
3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17, 3304.18,	146902
3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22, 3304.23,	146903
3304.231, 3304.25, 3304.27, 3304.28, 3304.41, 3305.03, 3307.51,	146904
3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08,	146905
3310.13, 3310.14, 3310.522, 3310.56, 3311.0510, 3311.19, 3311.22,	146906
3311.231, 3311.38, 3311.86, 3312.08, 3313.372, 3313.376, 3313.48,	146907
3313.483, 3313.484, 3313.488, 3313.4810, 3313.533, 3313.539,	146908
3313.60, 3313.603, 3313.6013, 3313.6016, 3313.612, 3313.615,	146909
3313.62, 3313.64, 3313.646, 3313.65, 3313.674, 3313.714, 3313.715,	146910
3313.82, 3313.83, 3313.841, 3313.843, 3313.844, 3313.845,	146911
3313.847, 3313.88, 3313.911, 3313.976, 3313.978, 3313.98,	146912
3313.981, 3314.015, 3314.017, 3314.027, 3314.029, 3314.03,	146913
3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.083, 3314.084,	146914
3314.087, 3314.091, 3314.11, 3314.26, 3314.35, 3315.07, 3315.33,	146915
3315.40, 3315.42, 3316.041, 3316.06, 3317.01, 3317.013, 3317.021,	146916
3317.023, 3317.0212, 3317.03, 3317.032, 3317.05, 3317.06,	146917
3317.063, 3317.08, 3317.10, 3317.14, 3317.18, 3317.19, 3317.20,	146918
3317.201, 3317.50, 3317.51, 3318.011, 3318.031, 3318.08, 3318.31,	146919
3318.36, 3318.363, 3319.07, 3319.073, 3319.0811, 3319.112,	146920
3319.17, 3319.22, 3319.235, 3319.57, 3319.58, 3321.01, 3321.04,	146921
3321.05, 3321.13, 3321.14, 3321.15, 3323.021, 3323.03, 3323.04,	146922
3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141,	146923
3323.142, 3326.07, 3326.08, 3326.11, 3326.31, 3326.32, 3326.33,	146924
3326.34, 3326.38, 3326.45, 3327.01, 3327.02, 3327.10, 3333.041,	146925
3333.73, 3333.82, 3333.90, 3334.08, 3335.35, 3335.36, 3335.37,	146926
3335.38, 3345.05, 3345.06, 3345.12, 3353.01, 3353.02, 3353.03,	146927
3353.04, 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.07,	146928
3365.12, 3383.01, 3383.07, 3501.01, 3517.01, 3517.10, 3517.101,	146929
3517.102, 3517.103, 3517.153, 3517.154, 3517.155, 3517.20,	146930
3517.992, 3599.03, 3599.45, 3701.023, 3701.024, 3701.027,	146931
3701.041, 3701.13, 3701.132, 3701.243, 3701.261, 3701.262,	146932
3701.264, 3701.342, 3701.344, 3701.507, 3701.74, 3701.741,	146933
3701.742, 3701.78, 3701.881, 3701.921, 3701.922, 3701.99, 3702.30,	146934
3702.51, 3702.521, 3702.55, 3702.62, 3702.74, 3702.91, 3704.144,	146935
3706.01, 3707.511, 3709.01, 3709.051, 3709.10, 3712.051, 3712.07,	146936
3712.09, 3713.06, 3714.03, 3714.07, 3717.08, 3718.06, 3719.61,	146937
3721.01, 3721.011, 3721.02, 3721.022, 3721.024, 3721.027,	146938
3721.042, 3721.071, 3721.08, 3721.10, 3721.12, 3721.121, 3721.13,	146939
3721.14, 3721.15, 3721.16, 3721.17, 3721.19, 3721.50, 3721.51,	146940
3721.511, 3721.512, 3721.513, 3721.52, 3721.53, 3721.531,	146941
3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56, 3721.57,	146942
3721.58, 3727.01, 3734.01, 3734.02, 3734.28, 3734.57, 3734.901,	146943
3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3737.882,	146944
3737.883, 3742.30, 3742.31, 3742.32, 3742.51, 3745.11, 3745.113,	146945
3745.72, 3748.01, 3748.04, 3769.08, 3769.087, 3769.088, 3770.02,	146946
3770.06, 3770.21, 3772.03, 3772.062, 3772.24, 3781.112, 3793.01,	146947
3793.031, 3793.032, 3793.051, 3793.10, 3793.11, 3793.12, 3793.13,	146948
3793.14, 3793.15, 3793.16, 3793.18, 3793.22, 3793.31, 3793.32,	146949
3793.33, 3793.34, 3793.35, 3793.36, 3793.37, 3793.38, 3793.39,	146950
3795.01, 3798.01, 3798.10, 3798.13, 3798.14, 3798.15, 3798.16,	146951
3901.3814, 3903.14, 3905.40, 3905.483, 3905.862, 3916.06, 3923.24,	146952
3923.241, 3923.281, 3923.443, 3923.49, 3923.50, 3923.601, 3923.83,	146953
3924.41, 3924.42, 3963.01, 3963.04, 4104.33, 4112.02, 4112.12,	146954
4112.31, 4115.034, 4115.32, 4117.06, 4117.14, 4117.15, 4121.44,	146955
4121.441, 4121.50, 4121.69, 4123.32, 4123.35, 4123.41, 4123.57,	146956
4123.93, 4131.03, 4141.162, 4141.29, 4301.01, 4301.10, 4301.171,	146957
4301.30, 4301.43, 4301.62, 4303.181, 4305.131, 4501.01, 4501.21,	146958
4503.03, 4503.0610, 4503.44, 4503.62, 4505.02, 4505.09, 4506.07,	146959
4507.01, 4507.06, 4507.51, 4510.038, 4510.45, 4511.19, 4511.191,	146960
4511.21, 4511.69, 4511.85, 4513.34, 4519.11, 4701.03, 4707.02,	146961
4707.073, 4707.10, 4709.11, 4713.08, 4713.44, 4715.22, 4715.36,	146962
4715.372, 4715.39, 4715.64, 4717.03, 4717.06, 4717.07, 4717.10,	146963
4717.14, 4717.15, 4719.01, 4723.18, 4723.35, 4723.481, 4725.03,	146964
4725.16, 4729.01, 4729.51, 4729.54, 4729.69, 4729.77, 4729.78,	146965
4729.79, 4729.80, 4729.81, 4729.99, 4730.411, 4731.05, 4731.151,	146966
4731.23, 4731.65, 4731.71, 4732.06, 4732.07, 4732.08, 4734.41,	146967
4735.07, 4735.09, 4735.10, 4735.142, 4735.56, 4742.01, 4751.01,	146968
4751.02, 4751.03, 4751.04, 4751.041, 4751.05, 4751.06, 4751.07,	146969
4751.08, 4751.10, 4751.11, 4751.12, 4751.13, 4753.071, 4755.11,	146970
4755.47, 4755.481, 4755.64, 4758.10, 4758.11, 4761.01, 4776.01,	146971
4778.02, 4778.03, 4781.121, 4781.28, 4781.29, 4906.20, 4955.32,	146972
4955.321, 4955.34, 4955.44, 4955.47, 4999.04, 5101.01, 5101.11,	146973
5101.141, 5101.16, 5101.162, 5101.18, 5101.181, 5101.183,	146974
5101.184, 5101.26, 5101.271, 5101.272, 5101.273, 5101.30, 5101.31,	146975
5101.34, 5101.35, 5101.36, 5101.46, 5101.461, 5101.47, 5101.49,	146976
5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 5101.512,	146977
5101.513, 5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,	146978
5101.521, 5101.522, 5101.524, 5101.527, 5101.571, 5101.572,	146979
5101.573, 5101.574, 5101.575, 5101.58, 5101.59, 5101.591, 5101.60,	146980
5101.61, 5101.80, 5101.801, 5101.803, 5103.02, 5103.0323, 5103.13,	146981
5103.42, 5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08,	146982
5104.11, 5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20,	146983
5107.24, 5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013,	146984
5111.016, 5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117,	146985
5111.0118, 5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,	146986
5111.024, 5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,	146987
5111.0211, 5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03,	146988
5111.031, 5111.032, 5111.033, 5111.034, 5111.035, 5111.04,	146989
5111.042, 5111.05, 5111.051, 5111.052, 5111.053, 5111.054,	146990
5111.06, 5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	146991
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	146992
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	146993
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	146994
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	146995
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	146996
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	146997
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	146998
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	146999
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	147000
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	147001
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	147002
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	147003
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	147004
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	147005
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	147006
5111.37, 5111.38, 5111.39, 5111.40, 5111.41, 5111.411, 5111.42,	147007
5111.43, 5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49,	147008
5111.50, 5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55,	147009
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62,	147010
5111.63, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	147011
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	147012
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	147013
5111.688, 5111.689, 5111.70, 5111.701, 5111.702, 5111.703,	147014
5111.704, 5111.705, 5111.706, 5111.707, 5111.708, 5111.709,	147015
5111.7011, 5111.71, 5111.711, 5111.712, 5111.713, 5111.714,	147016
5111.715, 5111.83, 5111.84, 5111.85, 5111.851, 5111.852, 5111.853,	147017
5111.854, 5111.855, 5111.856, 5111.86, 5111.861, 5111.862,	147018
5111.863, 5111.864, 5111.865, 5111.87, 5111.871, 5111.872,	147019
5111.873, 5111.874, 5111.875, 5111.876, 5111.877, 5111.878,	147020
5111.879, 5111.88, 5111.881, 5111.882, 5111.883, 5111.884,	147021
5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810,	147022
5111.89, 5111.891, 5111.892, 5111.893, 5111.894, 5111.90, 5111.91,	147023
5111.911, 5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94,	147024
5111.941, 5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98,	147025
5111.981, 5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05,	147026
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17,	147027
5112.18, 5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33,	147028
5112.331, 5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38,	147029
5112.39, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45,	147030
5112.46, 5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10,	147031
5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07,	147032
5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12,	147033
5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201,	147034
5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27,	147035
5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42,	147036
5119.43, 5119.44, 5119.46, 5119.50, 5119.51, 5119.52, 5119.53,	147037
5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,	147038
5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99,	147039
5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	147040
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	147041
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	147042
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	147043
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	147044
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	147045
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	147046
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	147047
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	147048
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	147049
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.043,	147050
5126.05, 5126.051, 5126.054, 5126.055, 5139.03, 5139.04, 5139.08,	147051
5139.34, 5145.162, 5145.18, 5149.22, 5153.16, 5302.221, 5309.082,	147052
5309.68, 5309.86, 5501.311, 5501.312, 5501.73, 5502.011, 5505.12,	147053
5507.01, 5507.02, 5507.021, 5507.022, 5507.03, 5507.06, 5507.07,	147054
5507.08, 5507.09, 5507.12, 5507.15, 5507.18, 5507.22, 5507.25,	147055
5507.26, 5507.27, 5507.32, 5507.34, 5507.40, 5507.42, 5507.44,	147056
5507.46, 5507.52, 5507.53, 5507.54, 5507.55, 5507.57, 5507.571,	147057
5507.60, 5507.63, 5507.99, 5511.03, 5515.08, 5540.03, 5701.13,	147058
5703.052, 5703.053, 5703.059, 5703.19, 5703.21, 5703.37, 5703.50,	147059
5703.70, 5703.82, 5705.01, 5705.10, 5705.19, 5705.192, 5705.21,	147060
5705.217, 5705.218, 5705.221, 5705.25, 5709.17, 5709.75, 5723.01,	147061
5725.18, 5725.33, 5725.34, 5726.20, 5726.52, 5726.54, 5727.26,	147062
5727.75, 5727.84, 5727.89, 5728.10, 5729.03, 5729.04, 5729.16,	147063
5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.55, 5733.58,	147064
5733.98, 5735.012, 5735.12, 5735.142, 5735.27, 5735.34, 5739.01,	147065
5739.02, 5739.026, 5739.09, 5739.13, 5741.01, 5741.03, 5741.17,	147066
5743.081, 5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022,	147067
5747.025, 5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13,	147068
5747.21, 5747.22, 5747.47, 5747.501, 5747.76, 5747.98, 5748.01,	147069
5749.02, 5749.06, 5749.07, 5749.17, 5751.01, 5751.02, 5751.051,	147070
5751.07, 5751.081, 5751.09, 5751.20, 5751.21, 5751.98, 5753.03,	147071
5753.07, 5815.28, 5902.02, 5905.02, 5910.02, 5910.07, 5919.34,	147072
5924.502, 5924.503, 5924.504, 5924.506, 6109.21, and 6111.037 of	147073
the Revised Code are hereby repealed.	147074

Section 105.01. That sections 122.076, 122.15, 122.151,	147075
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	147076
125.838, 149.51, 149.55, 166.22, 166.28, 173.425, 173.433,	147077
183.28, 184.04, 340.022, 340.033, 340.06, 340.14, 1513.371,	147078
1531.34, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725,	147079
1547.726, 1901.121, 2301.26, 2743.54, 3302.043, 3304.24, 3304.26,	147080
3304.38, 3313.481, 3313.482, 3313.4811, 3314.088, 3314.13,	147081
3317.012, 3317.014, 3317.018, 3317.02, 3317.022, 3317.029,	147082
3317.0217, 3317.051, 3317.052, 3317.053, 3317.11, 3317.16,	147083
3317.62, 3317.63, 3317.64, 3318.023, 3323.16, 3326.39, 3345.81,	147084
3353.09, 3353.15, 3353.20, 3383.02, 3383.03, 3383.04, 3383.05,	147085
3383.06, 3383.08, 3383.09, 3506.22, 3517.1010, 3701.072,	147086
3701.263, 3701.343, 3701.90, 3701.901, 3701.902, 3701.903,	147087
3701.904, 3701.905, 3701.906, 3701.907, 3721.026, 3793.02,	147088
3793.03, 3793.04, 3793.041, 3793.05, 3793.06, 3793.061,	147089
3793.08, 3793.09, 3793.19, 3793.20, 3793.21, 3793.99, 5101.503,	147090
5101.514, 5101.515, 5101.518, 5101.523, 5101.525, 5101.526,	147091
5101.528, 5101.529, 5111.012, 5111.014, 5111.015, 5111.0110,	147092
5111.0111, 5111.0113, 5111.0115, 5111.0120, 5111.0121,	147093
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.176, 5111.211,	147094
5111.236, 5111.65, 5111.8710, 5111.8811, 5111.913, 5111.942,	147095
5111.946, 5119.011, 5119.013, 5119.03, 5119.05, 5119.47,	147096
5119.623, 5119.64, 5119.65, 5119.66, 5119.67, 5119.68, 5507.65,	147097
5507.66, 5707.05, 5727.41, 5733.35, 5747.211, 5747.33, 6101.451,	147098
and 6111.029 of the Revised Code are hereby repealed.	147099

Section 110.10. That section 3313.88 of the Revised Code as	147100
it results from Section 101.01 of this act be amended and	147101
recodified as section 3313.482 of the Revised Code to read as	147102
follows:	147103

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	147104
August of each school year, the board of education of any school	147105
district or the governing authority of any chartered nonpublic	147106
school may submit to the department of education a plan to require	147107
students to access and complete classroom lessons posted on the	147108
district's or nonpublic school's web portal or web site in order	147109
to make up ~~days~~hours in that school year on which it is	147110
necessary to close schools for ~~any of the reasons specified in~~	147111
~~division (B) of section 3317.01 of the Revised Code in excess of~~	147112
~~the number of days permitted under sections 3313.48, 3313.481, and~~	147113
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	147114
conditions, law enforcement emergencies, inoperability of school	147115
buses or other equipment necessary to the school's operation,	147116
damage to a school building, or other temporary circumstances due	147117
to utility failure rendering the school building unfit for school	147118
use.	147119

Prior to the first day of August of each school year, the	147120
governing authority of any community school established under	147121
Chapter 3314. that is not an internet- or computer-based community	147122
school, as defined in section 3314.02 of the Revised Code, may	147123
submit to the department a plan to require students to access and	147124
complete classroom lessons posted on the school's web portal or	147125
web site in order to make up ~~days or~~ hours in that school year on	147126
which it is necessary to close the school for any of the reasons	147127
specified in division (H)(4) of section 3314.08 of the Revised	147128
Code so that the school is in compliance with the minimum number	147129
of hours required under Chapter 3314. of the Revised Code.	147130

A plan submitted by a school district board or, chartered	147131
nonpublic school governing authority ~~shall provide for making up~~	147132
~~any number of days, up to a maximum of three days. A plan~~	147133
~~submitted by a~~, or community school governing authority shall	147134
provide for making up any number of hours, up to a maximum of the	147135
number of hours that are the equivalent of three school days.	147136
Provided the plan meets all requirements of this section, the	147137
department shall permit the board or governing authority to	147138
implement the plan for the applicable school year.	147139

(2) Each plan submitted under this section by a school	147140
district board of education shall include the written consent of	147141
the teachers' employee representative designated under division	147142
(B) of section 4117.04 of the Revised Code.	147143

(3) Each plan submitted under this section shall provide for	147144
the following:	147145

(a) Not later than the first day of November of the school	147146
year, each classroom teacher shall develop a sufficient number of	147147
lessons for each course taught by the teacher that school year to	147148
cover the number of make-up ~~days or~~ hours specified in the plan.	147149
The teacher shall designate the order in which the lessons are to	147150
be posted on the district's, community school's, or nonpublic	147151
school's web portal or web site in the event of a school closure.	147152
Teachers may be granted up to one professional development day to	147153
create lesson plans for those lessons.	147154

(b) To the extent possible and necessary, a classroom teacher	147155
shall update or replace, based on current instructional progress,	147156
one or more of the lesson plans developed under division (A)(3)(a)	147157
of this section before they are posted on the web portal or web	147158
site under division (A)(3)(c) of this section or distributed under	147159
division (B) of this section.	147160

(c) As soon as practicable after a school closure, a district	147161
or school employee responsible for web portal or web site	147162
operations shall make the designated lessons available to students	147163
on the district's, community school's, or nonpublic school's	147164
portal or site. A lesson shall be posted for each course that was	147165
scheduled to meet on the day or hours of the closure.	147166

(d) Each student enrolled in a course for which a lesson is	147167
posted on the portal or site shall be granted a two-week period	147168
from the date of posting to complete the lesson. The student's	147169
classroom teacher shall grade the lesson in the same manner as	147170
other lessons. The student may receive an incomplete or failing	147171
grade if the lesson is not completed on time.	147172

(e) If a student does not have access to a computer at the	147173
student's residence and the plan does not include blizzard bags	147174
under division (B) of this section, the student shall be permitted	147175
to work on the posted lessons at school after the student's school	147176
reopens. If the lessons were posted prior to the reopening, the	147177
student shall be granted a two-week period from the date of the	147178
reopening, rather than from the date of posting as otherwise	147179
required under division (A)(3)(d) of this section, to complete the	147180
lessons. The district board or community school or nonpublic	147181
school governing authority may provide the student access to a	147182
computer before, during, or after the regularly scheduled school	147183
day or may provide a substantially similar paper lesson in order	147184
to complete the lessons.	147185

(B)(1) In addition to posting classroom lessons online under	147186
division (A) of this section, the board of education of any school	147187
district or governing authority of any community or chartered	147188
nonpublic school may include in the plan distribution of "blizzard	147189
bags," which are paper copies of the lessons posted online.	147190

(2) If a school opts to use blizzard bags, teachers shall	147191
prepare paper copies in conjunction with the lessons to be posted	147192
online and update the paper copies whenever the teacher updates	147193
the online lesson plans.	147194

(3) The board of education of any school district or	147195
governing authority of any community or chartered nonpublic school	147196
that opts to use blizzard bags shall specify in the plan the	147197
method of distribution of blizzard bag lessons, which may include,	147198
but not be limited to, requiring distribution by a specific	147199
deadline or requiring distribution prior to anticipated school	147200
closure as directed by the superintendent of a school district or	147201
the principal, director, chief administrative officer, or the	147202
equivalent, of a school.	147203

(4) Students shall turn in completed lessons in accordance	147204
with division (A)(3)(d) of this section.	147205

(C)(1) No school district that implements a plan in	147206
accordance with this section shall be considered to have failed to	147207
comply with division (B) of section 3317.01 of the Revised Code	147208
with respect to the number of make-up ~~days~~hours specified in the	147209
plan.	147210

(2) No community school that implements a plan in accordance	147211
with this section shall be considered to have failed to comply	147212
with the minimum number of hours required under Chapter 3314. of	147213
the Revised Code with respect to the number of make-up hours	147214
specified in the plan.	147215

Section 110.11. That existing section 3313.88 of the Revised	147216
Code is hereby repealed.	147217

Section 110.12. Sections 110.10 and 110.11 of this act shall	147218
take effect July 1, 2014.	147219

Section 110.20. That the versions of sections 109.57,	147220
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	147221
5104.32 of the Revised Code that are scheduled to take effect	147222
January 1, 2014, be amended to read as follows:	147223

Sec. 109.57. (A)(1) The superintendent of the bureau of	147224
criminal identification and investigation shall procure from	147225
wherever procurable and file for record photographs, pictures,	147226
descriptions, fingerprints, measurements, and other information	147227
that may be pertinent of all persons who have been convicted of	147228
committing within this state a felony, any crime constituting a	147229
misdemeanor on the first offense and a felony on subsequent	147230
offenses, or any misdemeanor described in division (A)(1)(a),	147231
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	147232
all children under eighteen years of age who have been adjudicated	147233
delinquent children for committing within this state an act that	147234
would be a felony or an offense of violence if committed by an	147235
adult or who have been convicted of or pleaded guilty to	147236
committing within this state a felony or an offense of violence,	147237
and of all well-known and habitual criminals. The person in charge	147238
of any county, multicounty, municipal, municipal-county, or	147239
multicounty-municipal jail or workhouse, community-based	147240
correctional facility, halfway house, alternative residential	147241
facility, or state correctional institution and the person in	147242
charge of any state institution having custody of a person	147243
suspected of having committed a felony, any crime constituting a	147244
misdemeanor on the first offense and a felony on subsequent	147245
offenses, or any misdemeanor described in division (A)(1)(a),	147246
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	147247
having custody of a child under eighteen years of age with respect	147248
to whom there is probable cause to believe that the child may have	147249
committed an act that would be a felony or an offense of violence	147250
if committed by an adult shall furnish such material to the	147251
superintendent of the bureau. Fingerprints, photographs, or other	147252
descriptive information of a child who is under eighteen years of	147253
age, has not been arrested or otherwise taken into custody for	147254
committing an act that would be a felony or an offense of violence	147255
who is not in any other category of child specified in this	147256
division, if committed by an adult, has not been adjudicated a	147257
delinquent child for committing an act that would be a felony or	147258
an offense of violence if committed by an adult, has not been	147259
convicted of or pleaded guilty to committing a felony or an	147260
offense of violence, and is not a child with respect to whom there	147261
is probable cause to believe that the child may have committed an	147262
act that would be a felony or an offense of violence if committed	147263
by an adult shall not be procured by the superintendent or	147264
furnished by any person in charge of any county, multicounty,	147265
municipal, municipal-county, or multicounty-municipal jail or	147266
workhouse, community-based correctional facility, halfway house,	147267
alternative residential facility, or state correctional	147268
institution, except as authorized in section 2151.313 of the	147269
Revised Code.	147270

(2) Every clerk of a court of record in this state, other	147271
than the supreme court or a court of appeals, shall send to the	147272
superintendent of the bureau a weekly report containing a summary	147273
of each case involving a felony, involving any crime constituting	147274
a misdemeanor on the first offense and a felony on subsequent	147275
offenses, involving a misdemeanor described in division (A)(1)(a),	147276
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	147277
involving an adjudication in a case in which a child under	147278
eighteen years of age was alleged to be a delinquent child for	147279
committing an act that would be a felony or an offense of violence	147280
if committed by an adult. The clerk of the court of common pleas	147281
shall include in the report and summary the clerk sends under this	147282
division all information described in divisions (A)(2)(a) to (f)	147283
of this section regarding a case before the court of appeals that	147284
is served by that clerk. The summary shall be written on the	147285
standard forms furnished by the superintendent pursuant to	147286
division (B) of this section and shall include the following	147287
information:	147288

(a) The incident tracking number contained on the standard	147289
forms furnished by the superintendent pursuant to division (B) of	147290
this section;	147291

(b) The style and number of the case;

147292

147293

(d) The date that the person was convicted of or pleaded	147294
guilty to the offense, adjudicated a delinquent child for	147295
committing the act that would be a felony or an offense of	147296
violence if committed by an adult, found not guilty of the	147297
offense, or found not to be a delinquent child for committing an	147298
act that would be a felony or an offense of violence if committed	147299
by an adult, the date of an entry dismissing the charge, an entry	147300
declaring a mistrial of the offense in which the person is	147301
discharged, an entry finding that the person or child is not	147302
competent to stand trial, or an entry of a nolle prosequi, or the	147303
date of any other determination that constitutes final resolution	147304
of the case;	147305

(e) A statement of the original charge with the section of	147306
the Revised Code that was alleged to be violated;	147307

(f) If the person or child was convicted, pleaded guilty, or	147308
was adjudicated a delinquent child, the sentence or terms of	147309
probation imposed or any other disposition of the offender or the	147310
delinquent child.	147311

If the offense involved the disarming of a law enforcement	147312
officer or an attempt to disarm a law enforcement officer, the	147313
clerk shall clearly state that fact in the summary, and the	147314
superintendent shall ensure that a clear statement of that fact is	147315
placed in the bureau's records.	147316

(3) The superintendent shall cooperate with and assist	147317
sheriffs, chiefs of police, and other law enforcement officers in	147318
the establishment of a complete system of criminal identification	147319
and in obtaining fingerprints and other means of identification of	147320
all persons arrested on a charge of a felony, any crime	147321
constituting a misdemeanor on the first offense and a felony on	147322
subsequent offenses, or a misdemeanor described in division	147323
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	147324
Revised Code and of all children under eighteen years of age	147325
arrested or otherwise taken into custody for committing an act	147326
that would be a felony or an offense of violence if committed by	147327
an adult. The superintendent also shall file for record the	147328
fingerprint impressions of all persons confined in a county,	147329
multicounty, municipal, municipal-county, or multicounty-municipal	147330
jail or workhouse, community-based correctional facility, halfway	147331
house, alternative residential facility, or state correctional	147332
institution for the violation of state laws and of all children	147333
under eighteen years of age who are confined in a county,	147334
multicounty, municipal, municipal-county, or multicounty-municipal	147335
jail or workhouse, community-based correctional facility, halfway	147336
house, alternative residential facility, or state correctional	147337
institution or in any facility for delinquent children for	147338
committing an act that would be a felony or an offense of violence	147339
if committed by an adult, and any other information that the	147340
superintendent may receive from law enforcement officials of the	147341
state and its political subdivisions.	147342

(4) The superintendent shall carry out Chapter 2950. of the	147343
Revised Code with respect to the registration of persons who are	147344
convicted of or plead guilty to a sexually oriented offense or a	147345
child-victim oriented offense and with respect to all other duties	147346
imposed on the bureau under that chapter.	147347

(5) The bureau shall perform centralized recordkeeping	147348
functions for criminal history records and services in this state	147349
for purposes of the national crime prevention and privacy compact	147350
set forth in section 109.571 of the Revised Code and is the	147351
criminal history record repository as defined in that section for	147352
purposes of that compact. The superintendent or the	147353
superintendent's designee is the compact officer for purposes of	147354
that compact and shall carry out the responsibilities of the	147355
compact officer specified in that compact.	147356

(B) The superintendent shall prepare and furnish to every	147357
county, multicounty, municipal, municipal-county, or	147358
multicounty-municipal jail or workhouse, community-based	147359
correctional facility, halfway house, alternative residential	147360
facility, or state correctional institution and to every clerk of	147361
a court in this state specified in division (A)(2) of this section	147362
standard forms for reporting the information required under	147363
division (A) of this section. The standard forms that the	147364
superintendent prepares pursuant to this division may be in a	147365
tangible format, in an electronic format, or in both tangible	147366
formats and electronic formats.	147367

(C)(1) The superintendent may operate a center for	147368
electronic, automated, or other data processing for the storage	147369
and retrieval of information, data, and statistics pertaining to	147370
criminals and to children under eighteen years of age who are	147371
adjudicated delinquent children for committing an act that would	147372
be a felony or an offense of violence if committed by an adult,	147373
criminal activity, crime prevention, law enforcement, and criminal	147374
justice, and may establish and operate a statewide communications	147375
network to be known as the Ohio law enforcement gateway to gather	147376
and disseminate information, data, and statistics for the use of	147377
law enforcement agencies and for other uses specified in this	147378
division. The superintendent may gather, store, retrieve, and	147379
disseminate information, data, and statistics that pertain to	147380
children who are under eighteen years of age and that are gathered	147381
pursuant to sections 109.57 to 109.61 of the Revised Code together	147382
with information, data, and statistics that pertain to adults and	147383
that are gathered pursuant to those sections.	147384

(2) The superintendent or the superintendent's designee shall	147385
gather information of the nature described in division (C)(1) of	147386
this section that pertains to the offense and delinquency history	147387
of a person who has been convicted of, pleaded guilty to, or been	147388
adjudicated a delinquent child for committing a sexually oriented	147389
offense or a child-victim oriented offense for inclusion in the	147390
state registry of sex offenders and child-victim offenders	147391
maintained pursuant to division (A)(1) of section 2950.13 of the	147392
Revised Code and in the internet database operated pursuant to	147393
division (A)(13) of that section and for possible inclusion in the	147394
internet database operated pursuant to division (A)(11) of that	147395
section.	147396

(3) In addition to any other authorized use of information,	147397
data, and statistics of the nature described in division (C)(1) of	147398
this section, the superintendent or the superintendent's designee	147399
may provide and exchange the information, data, and statistics	147400
pursuant to the national crime prevention and privacy compact as	147401
described in division (A)(5) of this section.	147402

(4) The attorney general may adopt rules under Chapter 119.	147403
of the Revised Code establishing guidelines for the operation of	147404
and participation in the Ohio law enforcement gateway. The rules	147405
may include criteria for granting and restricting access to	147406
information gathered and disseminated through the Ohio law	147407
enforcement gateway. The attorney general shall permit the state	147408
medical board and board of nursing to access and view, but not	147409
alter, information gathered and disseminated through the Ohio law	147410
enforcement gateway.	147411

The attorney general may appoint a steering committee to	147412
advise the attorney general in the operation of the Ohio law	147413
enforcement gateway that is comprised of persons who are	147414
representatives of the criminal justice agencies in this state	147415
that use the Ohio law enforcement gateway and is chaired by the	147416
superintendent or the superintendent's designee.	147417

(D)(1) The following are not public records under section	147418
149.43 of the Revised Code:	147419

(a) Information and materials furnished to the superintendent	147420
pursuant to division (A) of this section;	147421

(b) Information, data, and statistics gathered or	147422
disseminated through the Ohio law enforcement gateway pursuant to	147423
division (C)(1) of this section;	147424

(c) Information and materials furnished to any board or	147425
person under division (F) or (G) of this section.	147426

(2) The superintendent or the superintendent's designee shall	147427
gather and retain information so furnished under division (A) of	147428
this section that pertains to the offense and delinquency history	147429
of a person who has been convicted of, pleaded guilty to, or been	147430
adjudicated a delinquent child for committing a sexually oriented	147431
offense or a child-victim oriented offense for the purposes	147432
described in division (C)(2) of this section.	147433

(E)(1) The attorney general shall adopt rules, in accordance	147434
with Chapter 119. of the Revised Code and subject to division	147435
(E)(2) of this section, setting forth the procedure by which a	147436
person may receive or release information gathered by the	147437
superintendent pursuant to division (A) of this section. A	147438
reasonable fee may be charged for this service. If a temporary	147439
employment service submits a request for a determination of	147440
whether a person the service plans to refer to an employment	147441
position has been convicted of or pleaded guilty to an offense	147442
listed or described in division (A)(1), (2), or (3) of section	147443
109.572 of the Revised Code, the request shall be treated as a	147444
single request and only one fee shall be charged.	147445

(2) Except as otherwise provided in this division, a rule	147446
adopted under division (E)(1) of this section may provide only for	147447
the release of information gathered pursuant to division (A) of	147448
this section that relates to the conviction of a person, or a	147449
person's plea of guilty to, a criminal offense. The superintendent	147450
shall not release, and the attorney general shall not adopt any	147451
rule under division (E)(1) of this section that permits the	147452
release of, any information gathered pursuant to division (A) of	147453
this section that relates to an adjudication of a child as a	147454
delinquent child, or that relates to a criminal conviction of a	147455
person under eighteen years of age if the person's case was	147456
transferred back to a juvenile court under division (B)(2) or (3)	147457
of section 2152.121 of the Revised Code and the juvenile court	147458
imposed a disposition or serious youthful offender disposition	147459
upon the person under either division, unless either of the	147460
following applies with respect to the adjudication or conviction:	147461

(a) The adjudication or conviction was for a violation of	147462
section 2903.01 or 2903.02 of the Revised Code.	147463

(b) The adjudication or conviction was for a sexually	147464
oriented offense, the juvenile court was required to classify the	147465
child a juvenile offender registrant for that offense under	147466
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	147467
classification has not been removed.	147468

(F)(1) As used in division (F)(2) of this section, "head	147469
start agency" means an entity in this state that has been approved	147470
to be an agency for purposes of subchapter II of the "Community	147471
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	147472
as amended.	147473

(2)(a) In addition to or in conjunction with any request that	147474
is required to be made under section 109.572, 2151.86, 3301.32,	147475
3301.541, division (C) of section 3310.58, or section 3319.39,	147476
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	147477
5153.111 of the Revised Code or that is made under section	147478
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	147479
board of education of any school district; the director of	147480
developmental disabilities; any county board of developmental	147481
disabilities; any provider or subcontractor as defined in section	147482
5123.081 of the Revised Code; the chief administrator of any	147483
chartered nonpublic school; the chief administrator of a	147484
registered private provider that is not also a chartered nonpublic	147485
school; the chief administrator of any home health agency; the	147486
chief administrator of or person operating any child day-care	147487
center, type A family day-care home, or type B family day-care	147488
home licensed under Chapter 5104. of the Revised Code; the chief	147489
administrator of any head start agency; the executive director of	147490
a public children services agency; a private company described in	147491
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	147492
Code; or an employer described in division (J)(2) of section	147493
3327.10 of the Revised Code may request that the superintendent of	147494
the bureau investigate and determine, with respect to any	147495
individual who has applied for employment in any position after	147496
October 2, 1989, or any individual wishing to apply for employment	147497
with a board of education may request, with regard to the	147498
individual, whether the bureau has any information gathered under	147499
division (A) of this section that pertains to that individual. On	147500
receipt of the request, subject to division (E)(2) of this	147501
section, the superintendent shall determine whether that	147502
information exists and, upon request of the person, board, or	147503
entity requesting information, also shall request from the federal	147504
bureau of investigation any criminal records it has pertaining to	147505
that individual. The superintendent or the superintendent's	147506
designee also may request criminal history records from other	147507
states or the federal government pursuant to the national crime	147508
prevention and privacy compact set forth in section 109.571 of the	147509
Revised Code. Within thirty days of the date that the	147510
superintendent receives a request, subject to division (E)(2) of	147511
this section, the superintendent shall send to the board, entity,	147512
or person a report of any information that the superintendent	147513
determines exists, including information contained in records that	147514
have been sealed under section 2953.32 of the Revised Code, and,	147515
within thirty days of its receipt, subject to division (E)(2) of	147516
this section, shall send the board, entity, or person a report of	147517
any information received from the federal bureau of investigation,	147518
other than information the dissemination of which is prohibited by	147519
federal law.	147520

(b) When a board of education or a registered private	147521
provider is required to receive information under this section as	147522
a prerequisite to employment of an individual pursuant to division	147523
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	147524
may accept a certified copy of records that were issued by the	147525
bureau of criminal identification and investigation and that are	147526
presented by an individual applying for employment with the	147527
district in lieu of requesting that information itself. In such a	147528
case, the board shall accept the certified copy issued by the	147529
bureau in order to make a photocopy of it for that individual's	147530
employment application documents and shall return the certified	147531
copy to the individual. In a case of that nature, a district or	147532
provider only shall accept a certified copy of records of that	147533
nature within one year after the date of their issuance by the	147534
bureau.	147535

(c) Notwithstanding division (F)(2)(a) of this section, in	147536
the case of a request under section 3319.39, 3319.391, or 3327.10	147537
of the Revised Code only for criminal records maintained by the	147538
federal bureau of investigation, the superintendent shall not	147539
determine whether any information gathered under division (A) of	147540
this section exists on the person for whom the request is made.	147541

(3) The state board of education may request, with respect to	147542
any individual who has applied for employment after October 2,	147543
1989, in any position with the state board or the department of	147544
education, any information that a school district board of	147545
education is authorized to request under division (F)(2) of this	147546
section, and the superintendent of the bureau shall proceed as if	147547
the request has been received from a school district board of	147548
education under division (F)(2) of this section.	147549

(4) When the superintendent of the bureau receives a request	147550
for information under section 3319.291 of the Revised Code, the	147551
superintendent shall proceed as if the request has been received	147552
from a school district board of education and shall comply with	147553
divisions (F)(2)(a) and (c) of this section.	147554

(5) When a recipient of a classroom reading improvement grant	147555
paid under section 3301.86 of the Revised Code requests, with	147556
respect to any individual who applies to participate in providing	147557
any program or service funded in whole or in part by the grant,	147558
the information that a school district board of education is	147559
authorized to request under division (F)(2)(a) of this section,	147560
the superintendent of the bureau shall proceed as if the request	147561
has been received from a school district board of education under	147562
division (F)(2)(a) of this section.	147563

(G) In addition to or in conjunction with any request that is	147564
required to be made under section 3701.881, 3712.09, or 3721.121	147565
of the Revised Code with respect to an individual who has applied	147566
for employment in a position that involves providing direct care	147567
to an older adult or adult resident, the chief administrator of a	147568
home health agency, hospice care program, home licensed under	147569
Chapter 3721. of the Revised Code, or adult day-care program	147570
operated pursuant to rules adopted under section 3721.04 of the	147571
Revised Code may request that the superintendent of the bureau	147572
investigate and determine, with respect to any individual who has	147573
applied after January 27, 1997, for employment in a position that	147574
does not involve providing direct care to an older adult or adult	147575
resident, whether the bureau has any information gathered under	147576
division (A) of this section that pertains to that individual.	147577

In addition to or in conjunction with any request that is	147578
required to be made under section 173.27 of the Revised Code with	147579
respect to an individual who has applied for employment in a	147580
position that involves providing ~~ombudsperson~~ombudsman services	147581
to residents of long-term care facilities or recipients of	147582
community-based long-term care services, the state long-term care	147583
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	147584
of ~~health~~aging, a regional long-term care ombudsman program, or	147585
the designee of the ombudsman, director, or program may request	147586
that the superintendent investigate and determine, with respect to	147587
any individual who has applied for employment in a position that	147588
does not involve providing such ~~ombudsperson~~ombudsman services,	147589
whether the bureau has any information gathered under division (A)	147590
of this section that pertains to that applicant.	147591

In addition to or in conjunction with any request that is	147592
required to be made under section ~~173.394~~173.38 of the Revised	147593
Code with respect to an individual who has applied for employment	147594
in a direct-care position ~~that involves providing direct care to~~	147595
~~an individual~~, the chief administrator of a ~~community-based~~	147596
~~long-term care agency~~provider, as defined in section 173.39 of	147597
the Revised Code, may request that the superintendent investigate	147598
and determine, with respect to any individual who has applied for	147599
employment in a position that ~~does~~is not ~~involve providing direct~~	147600
~~care~~a direct-care position, whether the bureau has any	147601
information gathered under division (A) of this section that	147602
pertains to that applicant.	147603

In addition to or in conjunction with any request that is	147604
required to be made under section 3712.09 of the Revised Code with	147605
respect to an individual who has applied for employment in a	147606
position that involves providing direct care to a pediatric	147607
respite care patient, the chief administrator of a pediatric	147608
respite care program may request that the superintendent of the	147609
bureau investigate and determine, with respect to any individual	147610
who has applied for employment in a position that does not involve	147611
providing direct care to a pediatric respite care patient, whether	147612
the bureau has any information gathered under division (A) of this	147613
section that pertains to that individual.	147614

On receipt of a request under this division, the	147615
superintendent shall determine whether that information exists	147616
and, on request of the individual requesting information, shall	147617
also request from the federal bureau of investigation any criminal	147618
records it has pertaining to the applicant. The superintendent or	147619
the superintendent's designee also may request criminal history	147620
records from other states or the federal government pursuant to	147621
the national crime prevention and privacy compact set forth in	147622
section 109.571 of the Revised Code. Within thirty days of the	147623
date a request is received, subject to division (E)(2) of this	147624
section, the superintendent shall send to the requester a report	147625
of any information determined to exist, including information	147626
contained in records that have been sealed under section 2953.32	147627
of the Revised Code, and, within thirty days of its receipt, shall	147628
send the requester a report of any information received from the	147629
federal bureau of investigation, other than information the	147630
dissemination of which is prohibited by federal law.	147631

(H) Information obtained by a government entity or person	147632
under this section is confidential and shall not be released or	147633
disseminated.	147634

(I) The superintendent may charge a reasonable fee for	147635
providing information or criminal records under division (F)(2) or	147636
(G) of this section.	147637

(J) As used in this section:

147638

(1) "Pediatric respite care program" and "pediatric care	147639
patient" have the same meanings as in section 3712.01 of the	147640
Revised Code.	147641

(2) "Sexually oriented offense" and "child-victim oriented	147642
offense" have the same meanings as in section 2950.01 of the	147643
Revised Code.	147644

(3) "Registered private provider" means a nonpublic school or	147645
entity registered with the superintendent of public instruction	147646
under section 3310.41 of the Revised Code to participate in the	147647
autism scholarship program or section 3310.58 of the Revised Code	147648
to participate in the Jon Peterson special needs scholarship	147649
program.	147650

Sec. 2151.011. (A) As used in the Revised Code:

147651

(1) "Juvenile court" means whichever of the following is	147652
applicable that has jurisdiction under this chapter and Chapter	147653
2152. of the Revised Code:	147654

(a) The division of the court of common pleas specified in	147655
section 2101.022 or 2301.03 of the Revised Code as having	147656
jurisdiction under this chapter and Chapter 2152. of the Revised	147657
Code or as being the juvenile division or the juvenile division	147658
combined with one or more other divisions;	147659

(b) The juvenile court of Cuyahoga county or Hamilton county	147660
that is separately and independently created by section 2151.08 or	147661
Chapter 2153. of the Revised Code and that has jurisdiction under	147662
this chapter and Chapter 2152. of the Revised Code;	147663

(c) If division (A)(1)(a) or (b) of this section does not	147664
apply, the probate division of the court of common pleas.	147665

(2) "Juvenile judge" means a judge of a court having	147666
jurisdiction under this chapter.	147667

(3) "Private child placing agency" means any association, as	147668
defined in section 5103.02 of the Revised Code, that is certified	147669
under section 5103.03 of the Revised Code to accept temporary,	147670
permanent, or legal custody of children and place the children for	147671
either foster care or adoption.	147672

(4) "Private noncustodial agency" means any person,	147673
organization, association, or society certified by the department	147674
of job and family services that does not accept temporary or	147675
permanent legal custody of children, that is privately operated in	147676
this state, and that does one or more of the following:	147677

(a) Receives and cares for children for two or more	147678
consecutive weeks;	147679

(b) Participates in the placement of children in certified	147680
foster homes;	147681

(c) Provides adoption services in conjunction with a public	147682
children services agency or private child placing agency.	147683

(B) As used in this chapter:

147684

(1) "Adequate parental care" means the provision by a child's	147685
parent or parents, guardian, or custodian of adequate food,	147686
clothing, and shelter to ensure the child's health and physical	147687
safety and the provision by a child's parent or parents of	147688
specialized services warranted by the child's physical or mental	147689
needs.	147690

(2) "Adult" means an individual who is eighteen years of age	147691
or older.	147692

(3) "Agreement for temporary custody" means a voluntary	147693
agreement authorized by section 5103.15 of the Revised Code that	147694
transfers the temporary custody of a child to a public children	147695
services agency or a private child placing agency.	147696

(4) "Alternative response" means the public children services	147697
agency's response to a report of child abuse or neglect that	147698
engages the family in a comprehensive evaluation of child safety,	147699
risk of subsequent harm, and family strengths and needs and that	147700
does not include a determination as to whether child abuse or	147701
neglect occurred.	147702

(5) "Certified foster home" means a foster home, as defined	147703
in section 5103.02 of the Revised Code, certified under section	147704
5103.03 of the Revised Code.	147705

(6) "Child" means a person who is under eighteen years of	147706
age, except that the juvenile court has jurisdiction over any	147707
person who is adjudicated an unruly child prior to attaining	147708
eighteen years of age until the person attains twenty-one years of	147709
age, and, for purposes of that jurisdiction related to that	147710
adjudication, a person who is so adjudicated an unruly child shall	147711
be deemed a "child" until the person attains twenty-one years of	147712
age.	147713

(7) "Child day camp," "child care," "child day-care center,"	147714
"part-time child day-care center," "type A family day-care home,"	147715
"licensed type B family day-care home," "type B family day-care	147716
home," "administrator of a child day-care center," "administrator	147717
of a type A family day-care home," and "in-home aide" have the	147718
same meanings as in section 5104.01 of the Revised Code.	147719

(8) "Child care provider" means an individual who is a	147720
child-care staff member or administrator of a child day-care	147721
center, a type A family day-care home, or a type B family day-care	147722
home, or an in-home aide or an individual who is licensed, is	147723
regulated, is approved, operates under the direction of, or	147724
otherwise is certified by the department of job and family	147725
services, department of developmental disabilities, or the early	147726
childhood programs of the department of education.	147727

(9) "Chronic truant" has the same meaning as in section	147728
2152.02 of the Revised Code.	147729

(10) "Commit" means to vest custody as ordered by the court.

147730

(11) "Counseling" includes both of the following:

147731

(a) General counseling services performed by a public	147732
children services agency or shelter for victims of domestic	147733
violence to assist a child, a child's parents, and a child's	147734
siblings in alleviating identified problems that may cause or have	147735
caused the child to be an abused, neglected, or dependent child.	147736

(b) Psychiatric or psychological therapeutic counseling	147737
services provided to correct or alleviate any mental or emotional	147738
illness or disorder and performed by a licensed psychiatrist,	147739
licensed psychologist, or a person licensed under Chapter 4757. of	147740
the Revised Code to engage in social work or professional	147741
counseling.	147742

(12) "Custodian" means a person who has legal custody of a	147743
child or a public children services agency or private child	147744
placing agency that has permanent, temporary, or legal custody of	147745
a child.	147746

(13) "Delinquent child" has the same meaning as in section	147747
2152.02 of the Revised Code.	147748

(14) "Detention" means the temporary care of children pending	147749
court adjudication or disposition, or execution of a court order,	147750
in a public or private facility designed to physically restrict	147751
the movement and activities of children.	147752

(15) "Developmental disability" has the same meaning as in	147753
section 5123.01 of the Revised Code.	147754

(16) "Differential response approach" means an approach that	147755
a public children services agency may use to respond to accepted	147756
reports of child abuse or neglect with either an alternative	147757
response or a traditional response.	147758

(17) "Foster caregiver" has the same meaning as in section	147759
5103.02 of the Revised Code.	147760

(18) "Guardian" means a person, association, or corporation	147761
that is granted authority by a probate court pursuant to Chapter	147762
2111. of the Revised Code to exercise parental rights over a child	147763
to the extent provided in the court's order and subject to the	147764
residual parental rights of the child's parents.	147765

(19) "Habitual truant" means any child of compulsory school	147766
age who is absent without legitimate excuse for absence from the	147767
public school the child is supposed to attend for five or more	147768
consecutive school days, seven or more school days in one school	147769
month, or twelve or more school days in a school year.	147770

(20) "Juvenile traffic offender" has the same meaning as in	147771
section 2152.02 of the Revised Code.	147772

(21) "Legal custody" means a legal status that vests in the	147773
custodian the right to have physical care and control of the child	147774
and to determine where and with whom the child shall live, and the	147775
right and duty to protect, train, and discipline the child and to	147776
provide the child with food, shelter, education, and medical care,	147777
all subject to any residual parental rights, privileges, and	147778
responsibilities. An individual granted legal custody shall	147779
exercise the rights and responsibilities personally unless	147780
otherwise authorized by any section of the Revised Code or by the	147781
court.	147782

(22) A "legitimate excuse for absence from the public school	147783
the child is supposed to attend" includes, but is not limited to,	147784
any of the following:	147785

(a) The fact that the child in question has enrolled in and	147786
is attending another public or nonpublic school in this or another	147787
state;	147788

(b) The fact that the child in question is excused from	147789
attendance at school for any of the reasons specified in section	147790
3321.04 of the Revised Code;	147791

(c) The fact that the child in question has received an age	147792
and schooling certificate in accordance with section 3331.01 of	147793
the Revised Code.	147794

(23) "Mental illness" and "mentally ill person subject to	147795
hospitalization by court order" have the same meanings as in	147796
section 5122.01 of the Revised Code.	147797

(24) "Mental injury" means any behavioral, cognitive,	147798
emotional, or mental disorder in a child caused by an act or	147799
omission that is described in section 2919.22 of the Revised Code	147800
and is committed by the parent or other person responsible for the	147801
child's care.	147802

(25) "Mentally retarded person" has the same meaning as in	147803
section 5123.01 of the Revised Code.	147804

(26) "Nonsecure care, supervision, or training" means care,	147805
supervision, or training of a child in a facility that does not	147806
confine or prevent movement of the child within the facility or	147807
from the facility.	147808

(27) "Of compulsory school age" has the same meaning as in	147809
section 3321.01 of the Revised Code.	147810

(28) "Organization" means any institution, public,	147811
semipublic, or private, and any private association, society, or	147812
agency located or operating in the state, incorporated or	147813
unincorporated, having among its functions the furnishing of	147814
protective services or care for children, or the placement of	147815
children in certified foster homes or elsewhere.	147816

(29) "Out-of-home care" means detention facilities, shelter	147817
facilities, certified children's crisis care facilities, certified	147818
foster homes, placement in a prospective adoptive home prior to	147819
the issuance of a final decree of adoption, organizations,	147820
certified organizations, child day-care centers, type A family	147821
day-care homes, type B family day-care homes, child care provided	147822
by in-home aides, group home providers, group homes, institutions,	147823
state institutions, residential facilities, residential care	147824
facilities, residential camps, day camps, public schools,	147825
chartered nonpublic schools, educational service centers,	147826
hospitals, and medical clinics that are responsible for the care,	147827
physical custody, or control of children.	147828

(30) "Out-of-home care child abuse" means any of the	147829
following when committed by a person responsible for the care of a	147830
child in out-of-home care:	147831

(a) Engaging in sexual activity with a child in the person's	147832
care;	147833

(b) Denial to a child, as a means of punishment, of proper or	147834
necessary subsistence, education, medical care, or other care	147835
necessary for a child's health;	147836

(c) Use of restraint procedures on a child that cause injury	147837
or pain;	147838

(d) Administration of prescription drugs or psychotropic	147839
medication to the child without the written approval and ongoing	147840
supervision of a licensed physician;	147841

(e) Commission of any act, other than by accidental means,	147842
that results in any injury to or death of the child in out-of-home	147843
care or commission of any act by accidental means that results in	147844
an injury to or death of a child in out-of-home care and that is	147845
at variance with the history given of the injury or death.	147846

(31) "Out-of-home care child neglect" means any of the	147847
following when committed by a person responsible for the care of a	147848
child in out-of-home care:	147849

(a) Failure to provide reasonable supervision according to	147850
the standards of care appropriate to the age, mental and physical	147851
condition, or other special needs of the child;	147852

(b) Failure to provide reasonable supervision according to	147853
the standards of care appropriate to the age, mental and physical	147854
condition, or other special needs of the child, that results in	147855
sexual or physical abuse of the child by any person;	147856

147857

(i) Administration of prescription drugs or psychotropic	147858
drugs for the child;	147859

(ii) Assuring that the instructions of the licensed physician	147860
who prescribed a drug for the child are followed;	147861

(iii) Reporting to the licensed physician who prescribed the	147862
drug all unfavorable or dangerous side effects from the use of the	147863
drug.	147864

(d) Failure to provide proper or necessary subsistence,	147865
education, medical care, or other individualized care necessary	147866
for the health or well-being of the child;	147867

(e) Confinement of the child to a locked room without	147868
monitoring by staff;	147869

(f) Failure to provide ongoing security for all prescription	147870
and nonprescription medication;	147871

(g) Isolation of a child for a period of time when there is	147872
substantial risk that the isolation, if continued, will impair or	147873
retard the mental health or physical well-being of the child.	147874

(32) "Permanent custody" means a legal status that vests in a	147875
public children services agency or a private child placing agency,	147876
all parental rights, duties, and obligations, including the right	147877
to consent to adoption, and divests the natural parents or	147878
adoptive parents of all parental rights, privileges, and	147879
obligations, including all residual rights and obligations.	147880

(33) "Permanent surrender" means the act of the parents or,	147881
if a child has only one parent, of the parent of a child, by a	147882
voluntary agreement authorized by section 5103.15 of the Revised	147883
Code, to transfer the permanent custody of the child to a public	147884
children services agency or a private child placing agency.	147885

(34) "Person" means an individual, association, corporation,	147886
or partnership and the state or any of its political subdivisions,	147887
departments, or agencies.	147888

(35) "Person responsible for a child's care in out-of-home	147889
care" means any of the following:	147890

(a) Any foster caregiver, in-home aide, or provider;

147891

(b) Any administrator, employee, or agent of any of the	147892
following: a public or private detention facility; shelter	147893
facility; certified children's crisis care facility; organization;	147894
certified organization; child day-care center; type A family	147895
day-care home; licensed type B family day-care home; group home;	147896
institution; state institution; residential facility; residential	147897
care facility; residential camp; day camp; school district;	147898
community school; chartered nonpublic school; educational service	147899
center; hospital; or medical clinic;	147900

(c) Any person who supervises or coaches children as part of	147901
an extracurricular activity sponsored by a school district, public	147902
school, or chartered nonpublic school;	147903

(d) Any other person who performs a similar function with	147904
respect to, or has a similar relationship to, children.	147905

(36) "Physically impaired" means having one or more of the	147906
following conditions that substantially limit one or more of an	147907
individual's major life activities, including self-care, receptive	147908
and expressive language, learning, mobility, and self-direction:	147909

(a) A substantial impairment of vision, speech, or hearing;

147910

(b) A congenital orthopedic impairment;

147911

(c) An orthopedic impairment caused by disease, rheumatic	147912
fever or any other similar chronic or acute health problem, or	147913
amputation or another similar cause.	147914

(37) "Placement for adoption" means the arrangement by a	147915
public children services agency or a private child placing agency	147916
with a person for the care and adoption by that person of a child	147917
of whom the agency has permanent custody.	147918

(38) "Placement in foster care" means the arrangement by a	147919
public children services agency or a private child placing agency	147920
for the out-of-home care of a child of whom the agency has	147921
temporary custody or permanent custody.	147922

(39) "Planned permanent living arrangement" means an order of	147923
a juvenile court pursuant to which both of the following apply:	147924

(a) The court gives legal custody of a child to a public	147925
children services agency or a private child placing agency without	147926
the termination of parental rights.	147927

(b) The order permits the agency to make an appropriate	147928
placement of the child and to enter into a written agreement with	147929
a foster care provider or with another person or agency with whom	147930
the child is placed.	147931

(40) "Practice of social work" and "practice of professional	147932
counseling" have the same meanings as in section 4757.01 of the	147933
Revised Code.	147934

(41) "Sanction, service, or condition" means a sanction,	147935
service, or condition created by court order following an	147936
adjudication that a child is an unruly child that is described in	147937
division (A)(4) of section 2152.19 of the Revised Code.	147938

(42) "Protective supervision" means an order of disposition	147939
pursuant to which the court permits an abused, neglected,	147940
dependent, or unruly child to remain in the custody of the child's	147941
parents, guardian, or custodian and stay in the child's home,	147942
subject to any conditions and limitations upon the child, the	147943
child's parents, guardian, or custodian, or any other person that	147944
the court prescribes, including supervision as directed by the	147945
court for the protection of the child.	147946

(43) "Psychiatrist" has the same meaning as in section	147947
5122.01 of the Revised Code.	147948

(44) "Psychologist" has the same meaning as in section	147949
4732.01 of the Revised Code.	147950

(45) "Residential camp" means a program in which the care,	147951
physical custody, or control of children is accepted overnight for	147952
recreational or recreational and educational purposes.	147953

(46) "Residential care facility" means an institution,	147954
residence, or facility that is licensed by the department of	147955
~~mental health~~mental health and addiction services under section	147956
~~5119.22~~5119.34 of the Revised Code and that provides care for a	147957
child.	147958

(47) "Residential facility" means a home or facility that is	147959
licensed by the department of developmental disabilities under	147960
section 5123.19 of the Revised Code and in which a child with a	147961
developmental disability resides.	147962

(48) "Residual parental rights, privileges, and	147963
responsibilities" means those rights, privileges, and	147964
responsibilities remaining with the natural parent after the	147965
transfer of legal custody of the child, including, but not	147966
necessarily limited to, the privilege of reasonable visitation,	147967
consent to adoption, the privilege to determine the child's	147968
religious affiliation, and the responsibility for support.	147969

(49) "School day" means the school day established by the	147970
~~state~~ board of education of the applicable school district	147971
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	147972

(50) "School ~~month" and "school~~ year" ~~have~~has the same	147973
~~meanings~~meaning as in section 3313.62 of the Revised Code.	147974

(51) "Secure correctional facility" means a facility under	147975
the direction of the department of youth services that is designed	147976
to physically restrict the movement and activities of children and	147977
used for the placement of children after adjudication and	147978
disposition.	147979

(52) "Sexual activity" has the same meaning as in section	147980
2907.01 of the Revised Code.	147981

(53) "Shelter" means the temporary care of children in	147982
physically unrestricted facilities pending court adjudication or	147983
disposition.	147984

(54) "Shelter for victims of domestic violence" has the same	147985
meaning as in section 3113.33 of the Revised Code.	147986

(55) "Temporary custody" means legal custody of a child who	147987
is removed from the child's home, which custody may be terminated	147988
at any time at the discretion of the court or, if the legal	147989
custody is granted in an agreement for temporary custody, by the	147990
person who executed the agreement.	147991

(56) "Traditional response" means a public children services	147992
agency's response to a report of child abuse or neglect that	147993
encourages engagement of the family in a comprehensive evaluation	147994
of the child's current and future safety needs and a fact-finding	147995
process to determine whether child abuse or neglect occurred and	147996
the circumstances surrounding the alleged harm or risk of harm.	147997

(C) For the purposes of this chapter, a child shall be	147998
presumed abandoned when the parents of the child have failed to	147999
visit or maintain contact with the child for more than ninety	148000
days, regardless of whether the parents resume contact with the	148001
child after that period of ninety days.	148002

Sec. 2923.126. (A) A concealed handgun license that is	148003
issued under section 2923.125 of the Revised Code shall expire	148004
five years after the date of issuance. A licensee who has been	148005
issued a license under that section shall be granted a grace	148006
period of thirty days after the licensee's license expires during	148007
which the licensee's license remains valid. Except as provided in	148008
divisions (B) and (C) of this section, a licensee who has been	148009
issued a concealed handgun license under section 2923.125 or	148010
2923.1213 of the Revised Code may carry a concealed handgun	148011
anywhere in this state if the licensee also carries a valid	148012
license and valid identification when the licensee is in actual	148013
possession of a concealed handgun. The licensee shall give notice	148014
of any change in the licensee's residence address to the sheriff	148015
who issued the license within forty-five days after that change.	148016

If a licensee is the driver or an occupant of a motor vehicle	148017
that is stopped as the result of a traffic stop or a stop for	148018
another law enforcement purpose and if the licensee is	148019
transporting or has a loaded handgun in the motor vehicle at that	148020
time, the licensee shall promptly inform any law enforcement	148021
officer who approaches the vehicle while stopped that the licensee	148022
has been issued a concealed handgun license and that the licensee	148023
currently possesses or has a loaded handgun; the licensee shall	148024
not knowingly disregard or fail to comply with lawful orders of a	148025
law enforcement officer given while the motor vehicle is stopped,	148026
knowingly fail to remain in the motor vehicle while stopped, or	148027
knowingly fail to keep the licensee's hands in plain sight after	148028
any law enforcement officer begins approaching the licensee while	148029
stopped and before the officer leaves, unless directed otherwise	148030
by a law enforcement officer; and the licensee shall not knowingly	148031
have contact with the loaded handgun by touching it with the	148032
licensee's hands or fingers, in any manner in violation of	148033
division (E) of section 2923.16 of the Revised Code, after any law	148034
enforcement officer begins approaching the licensee while stopped	148035
and before the officer leaves. Additionally, if a licensee is the	148036
driver or an occupant of a commercial motor vehicle that is	148037
stopped by an employee of the motor carrier enforcement unit for	148038
the purposes defined in section 5503.04 of the Revised Code and if	148039
the licensee is transporting or has a loaded handgun in the	148040
commercial motor vehicle at that time, the licensee shall promptly	148041
inform the employee of the unit who approaches the vehicle while	148042
stopped that the licensee has been issued a concealed handgun	148043
license and that the licensee currently possesses or has a loaded	148044
handgun.	148045

If a licensee is stopped for a law enforcement purpose and if	148046
the licensee is carrying a concealed handgun at the time the	148047
officer approaches, the licensee shall promptly inform any law	148048
enforcement officer who approaches the licensee while stopped that	148049
the licensee has been issued a concealed handgun license and that	148050
the licensee currently is carrying a concealed handgun; the	148051
licensee shall not knowingly disregard or fail to comply with	148052
lawful orders of a law enforcement officer given while the	148053
licensee is stopped or knowingly fail to keep the licensee's hands	148054
in plain sight after any law enforcement officer begins	148055
approaching the licensee while stopped and before the officer	148056
leaves, unless directed otherwise by a law enforcement officer;	148057
and the licensee shall not knowingly remove, attempt to remove,	148058
grasp, or hold the loaded handgun or knowingly have contact with	148059
the loaded handgun by touching it with the licensee's hands or	148060
fingers, in any manner in violation of division (B) of section	148061
2923.12 of the Revised Code, after any law enforcement officer	148062
begins approaching the licensee while stopped and before the	148063
officer leaves.	148064

(B) A valid concealed handgun license does not authorize the	148065
licensee to carry a concealed handgun in any manner prohibited	148066
under division (B) of section 2923.12 of the Revised Code or in	148067
any manner prohibited under section 2923.16 of the Revised Code. A	148068
valid license does not authorize the licensee to carry a concealed	148069
handgun into any of the following places:	148070

(1) A police station, sheriff's office, or state highway	148071
patrol station, premises controlled by the bureau of criminal	148072
identification and investigation, a state correctional	148073
institution, jail, workhouse, or other detention facility, an	148074
airport passenger terminal, or an institution that is maintained,	148075
operated, managed, and governed pursuant to division (A) of	148076
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	148077
section 5123.03 of the Revised Code;	148078

(2) A school safety zone if the licensee's carrying the	148079
concealed handgun is in violation of section 2923.122 of the	148080
Revised Code;	148081

(3) A courthouse or another building or structure in which a	148082
courtroom is located, in violation of section 2923.123 of the	148083
Revised Code;	148084

(4) Any premises or open air arena for which a D permit has	148085
been issued under Chapter 4303. of the Revised Code if the	148086
licensee's carrying the concealed handgun is in violation of	148087
section 2923.121 of the Revised Code;	148088

(5) Any premises owned or leased by any public or private	148089
college, university, or other institution of higher education,	148090
unless the handgun is in a locked motor vehicle or the licensee is	148091
in the immediate process of placing the handgun in a locked motor	148092
vehicle;	148093

(6) Any church, synagogue, mosque, or other place of worship,	148094
unless the church, synagogue, mosque, or other place of worship	148095
posts or permits otherwise;	148096

(7) A child day-care center, a type A family day-care home,	148097
or a type B family day-care home, except that this division does	148098
not prohibit a licensee who resides in a type A family day-care	148099
home or a type B family day-care home from carrying a concealed	148100
handgun at any time in any part of the home that is not dedicated	148101
or used for day-care purposes, or from carrying a concealed	148102
handgun in a part of the home that is dedicated or used for	148103
day-care purposes at any time during which no children, other than	148104
children of that licensee, are in the home;	148105

(8) An aircraft that is in, or intended for operation in,	148106
foreign air transportation, interstate air transportation,	148107
intrastate air transportation, or the transportation of mail by	148108
aircraft;	148109

(9) Any building that is a government facility of this state	148110
or a political subdivision of this state and that is not a	148111
building that is used primarily as a shelter, restroom, parking	148112
facility for motor vehicles, or rest facility and is not a	148113
courthouse or other building or structure in which a courtroom is	148114
located that is subject to division (B)(3) of this section;	148115

(10) A place in which federal law prohibits the carrying of	148116
handguns.	148117

(C)(1) Nothing in this section shall negate or restrict a	148118
rule, policy, or practice of a private employer that is not a	148119
private college, university, or other institution of higher	148120
education concerning or prohibiting the presence of firearms on	148121
the private employer's premises or property, including motor	148122
vehicles owned by the private employer. Nothing in this section	148123
shall require a private employer of that nature to adopt a rule,	148124
policy, or practice concerning or prohibiting the presence of	148125
firearms on the private employer's premises or property, including	148126
motor vehicles owned by the private employer.	148127

(2)(a) A private employer shall be immune from liability in a	148128
civil action for any injury, death, or loss to person or property	148129
that allegedly was caused by or related to a licensee bringing a	148130
handgun onto the premises or property of the private employer,	148131
including motor vehicles owned by the private employer, unless the	148132
private employer acted with malicious purpose. A private employer	148133
is immune from liability in a civil action for any injury, death,	148134
or loss to person or property that allegedly was caused by or	148135
related to the private employer's decision to permit a licensee to	148136
bring, or prohibit a licensee from bringing, a handgun onto the	148137
premises or property of the private employer. As used in this	148138
division, "private employer" includes a private college,	148139
university, or other institution of higher education.	148140

(b) A political subdivision shall be immune from liability in	148141
a civil action, to the extent and in the manner provided in	148142
Chapter 2744. of the Revised Code, for any injury, death, or loss	148143
to person or property that allegedly was caused by or related to a	148144
licensee bringing a handgun onto any premises or property owned,	148145
leased, or otherwise under the control of the political	148146
subdivision. As used in this division, "political subdivision" has	148147
the same meaning as in section 2744.01 of the Revised Code.	148148

(3)(a) Except as provided in division (C)(3)(b) of this	148149
section, the owner or person in control of private land or	148150
premises, and a private person or entity leasing land or premises	148151
owned by the state, the United States, or a political subdivision	148152
of the state or the United States, may post a sign in a	148153
conspicuous location on that land or on those premises prohibiting	148154
persons from carrying firearms or concealed firearms on or onto	148155
that land or those premises. Except as otherwise provided in this	148156
division, a person who knowingly violates a posted prohibition of	148157
that nature is guilty of criminal trespass in violation of	148158
division (A)(4) of section 2911.21 of the Revised Code and is	148159
guilty of a misdemeanor of the fourth degree. If a person	148160
knowingly violates a posted prohibition of that nature and the	148161
posted land or premises primarily was a parking lot or other	148162
parking facility, the person is not guilty of criminal trespass in	148163
violation of division (A)(4) of section 2911.21 of the Revised	148164
Code and instead is subject only to a civil cause of action for	148165
trespass based on the violation.	148166

(b) A landlord may not prohibit or restrict a tenant who is a	148167
licensee and who on or after September 9, 2008, enters into a	148168
rental agreement with the landlord for the use of residential	148169
premises, and the tenant's guest while the tenant is present, from	148170
lawfully carrying or possessing a handgun on those residential	148171
premises.	148172

148173

(i) "Residential premises" has the same meaning as in section	148174
5321.01 of the Revised Code, except "residential premises" does	148175
not include a dwelling unit that is owned or operated by a college	148176
or university.	148177

(ii) "Landlord," "tenant," and "rental agreement" have the	148178
same meanings as in section 5321.01 of the Revised Code.	148179

(D) A person who holds a concealed handgun license issued by	148180
another state that is recognized by the attorney general pursuant	148181
to a reciprocity agreement entered into pursuant to section 109.69	148182
of the Revised Code has the same right to carry a concealed	148183
handgun in this state as a person who was issued a concealed	148184
handgun license under section 2923.125 of the Revised Code and is	148185
subject to the same restrictions that apply to a person who	148186
carries a license issued under that section.	148187

(E) A peace officer has the same right to carry a concealed	148188
handgun in this state as a person who was issued a concealed	148189
handgun license under section 2923.125 of the Revised Code. For	148190
purposes of reciprocity with other states, a peace officer shall	148191
be considered to be a licensee in this state.	148192

(F)(1) A qualified retired peace officer who possesses a	148193
retired peace officer identification card issued pursuant to	148194
division (F)(2) of this section and a valid firearms	148195
requalification certification issued pursuant to division (F)(3)	148196
of this section has the same right to carry a concealed handgun in	148197
this state as a person who was issued a concealed handgun license	148198
under section 2923.125 of the Revised Code and is subject to the	148199
same restrictions that apply to a person who carries a license	148200
issued under that section. For purposes of reciprocity with other	148201
states, a qualified retired peace officer who possesses a retired	148202
peace officer identification card issued pursuant to division	148203
(F)(2) of this section and a valid firearms requalification	148204
certification issued pursuant to division (F)(3) of this section	148205
shall be considered to be a licensee in this state.	148206

(2)(a) Each public agency of this state or of a political	148207
subdivision of this state that is served by one or more peace	148208
officers shall issue a retired peace officer identification card	148209
to any person who retired from service as a peace officer with	148210
that agency, if the issuance is in accordance with the agency's	148211
policies and procedures and if the person, with respect to the	148212
person's service with that agency, satisfies all of the following:	148213

(i) The person retired in good standing from service as a	148214
peace officer with the public agency, and the retirement was not	148215
for reasons of mental instability.	148216

(ii) Before retiring from service as a peace officer with	148217
that agency, the person was authorized to engage in or supervise	148218
the prevention, detection, investigation, or prosecution of, or	148219
the incarceration of any person for, any violation of law and the	148220
person had statutory powers of arrest.	148221

(iii) At the time of the person's retirement as a peace	148222
officer with that agency, the person was trained and qualified to	148223
carry firearms in the performance of the peace officer's duties.	148224

(iv) Before retiring from service as a peace officer with	148225
that agency, the person was regularly employed as a peace officer	148226
for an aggregate of fifteen years or more, or, in the alternative,	148227
the person retired from service as a peace officer with that	148228
agency, after completing any applicable probationary period of	148229
that service, due to a service-connected disability, as determined	148230
by the agency.	148231

(b) A retired peace officer identification card issued to a	148232
person under division (F)(2)(a) of this section shall identify the	148233
person by name, contain a photograph of the person, identify the	148234
public agency of this state or of the political subdivision of	148235
this state from which the person retired as a peace officer and	148236
that is issuing the identification card, and specify that the	148237
person retired in good standing from service as a peace officer	148238
with the issuing public agency and satisfies the criteria set	148239
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	148240
addition to the required content specified in this division, a	148241
retired peace officer identification card issued to a person under	148242
division (F)(2)(a) of this section may include the firearms	148243
requalification certification described in division (F)(3) of this	148244
section, and if the identification card includes that	148245
certification, the identification card shall serve as the firearms	148246
requalification certification for the retired peace officer. If	148247
the issuing public agency issues credentials to active law	148248
enforcement officers who serve the agency, the agency may comply	148249
with division (F)(2)(a) of this section by issuing the same	148250
credentials to persons who retired from service as a peace officer	148251
with the agency and who satisfy the criteria set forth in	148252
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	148253
credentials so issued to retired peace officers are stamped with	148254
the word "RETIRED."	148255

(c) A public agency of this state or of a political	148256
subdivision of this state may charge persons who retired from	148257
service as a peace officer with the agency a reasonable fee for	148258
issuing to the person a retired peace officer identification card	148259
pursuant to division (F)(2)(a) of this section.	148260

(3) If a person retired from service as a peace officer with	148261
a public agency of this state or of a political subdivision of	148262
this state and the person satisfies the criteria set forth in	148263
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	148264
may provide the retired peace officer with the opportunity to	148265
attend a firearms requalification program that is approved for	148266
purposes of firearms requalification required under section	148267
109.801 of the Revised Code. The retired peace officer may be	148268
required to pay the cost of the course.	148269

If a retired peace officer who satisfies the criteria set	148270
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	148271
firearms requalification program that is approved for purposes of	148272
firearms requalification required under section 109.801 of the	148273
Revised Code, the retired peace officer's successful completion of	148274
the firearms requalification program requalifies the retired peace	148275
officer for purposes of division (F) of this section for five	148276
years from the date on which the program was successfully	148277
completed, and the requalification is valid during that five-year	148278
period. If a retired peace officer who satisfies the criteria set	148279
forth in divisions (F)(2)(a)(i) to (iv) of this section	148280
satisfactorily completes such a firearms requalification program,	148281
the retired peace officer shall be issued a firearms	148282
requalification certification that identifies the retired peace	148283
officer by name, identifies the entity that taught the program,	148284
specifies that the retired peace officer successfully completed	148285
the program, specifies the date on which the course was	148286
successfully completed, and specifies that the requalification is	148287
valid for five years from that date of successful completion. The	148288
firearms requalification certification for a retired peace officer	148289
may be included in the retired peace officer identification card	148290
issued to the retired peace officer under division (F)(2) of this	148291
section.	148292

A retired peace officer who attends a firearms	148293
requalification program that is approved for purposes of firearms	148294
requalification required under section 109.801 of the Revised Code	148295
may be required to pay the cost of the program.	148296

(G) As used in this section:

148297

(1) "Qualified retired peace officer" means a person who	148298
satisfies all of the following:	148299

(a) The person satisfies the criteria set forth in divisions	148300
(F)(2)(a)(i) to (v) of this section.	148301

(b) The person is not under the influence of alcohol or	148302
another intoxicating or hallucinatory drug or substance.	148303

(c) The person is not prohibited by federal law from	148304
receiving firearms.	148305

(2) "Retired peace officer identification card" means an	148306
identification card that is issued pursuant to division (F)(2) of	148307
this section to a person who is a retired peace officer.	148308

(3) "Government facility of this state or a political	148309
subdivision of this state" means any of the following:	148310

(a) A building or part of a building that is owned or leased	148311
by the government of this state or a political subdivision of this	148312
state and where employees of the government of this state or the	148313
political subdivision regularly are present for the purpose of	148314
performing their official duties as employees of the state or	148315
political subdivision;	148316

(b) The office of a deputy registrar serving pursuant to	148317
Chapter 4503. of the Revised Code that is used to perform deputy	148318
registrar functions.	148319

Sec. 5104.012. (A)(1) At the times specified in this	148320
division, the administrator of a child day-care center or a type A	148321
family day-care home shall request the superintendent of the	148322
bureau of criminal identification and investigation to conduct a	148323
criminal records check with respect to any applicant who has	148324
applied to the center or type A home for employment as a person	148325
responsible for the care, custody, or control of a child.	148326

The administrator shall request a criminal records check	148327
pursuant to this division at the time of the applicant's initial	148328
application for employment and every ~~four~~five years thereafter.	148329
When the administrator requests pursuant to this division a	148330
criminal records check for an applicant at the time of the	148331
applicant's initial application for employment, the administrator	148332
shall request that the superintendent obtain information from the	148333
federal bureau of investigation as a part of the criminal records	148334
check for the applicant, including fingerprint-based checks of	148335
national crime information databases as described in 42 U.S.C.	148336
671, for the person subject to the criminal records check. In all	148337
other cases in which the administrator requests a criminal records	148338
check for an applicant pursuant to this division, the	148339
administrator may request that the superintendent include	148340
information from the federal bureau of investigation in the	148341
criminal records check, including fingerprint-based checks of	148342
national crime information databases as described in 42 U.S.C.	148343
671.	148344

(2) A person required by division (A)(1) of this section to	148345
request a criminal records check shall provide to each applicant a	148346
copy of the form prescribed pursuant to division (C)(1) of section	148347
109.572 of the Revised Code, provide to each applicant a standard	148348
impression sheet to obtain fingerprint impressions prescribed	148349
pursuant to division (C)(2) of section 109.572 of the Revised	148350
Code, obtain the completed form and impression sheet from each	148351
applicant, and forward the completed form and impression sheet to	148352
the superintendent of the bureau of criminal identification and	148353
investigation at the time the person requests a criminal records	148354
check pursuant to division (A)(1) of this section. On and after	148355
August 14, 2008, the administrator of a child day-care center or a	148356
type A family day-care home shall review the results of the	148357
criminal records check before the applicant has sole	148358
responsibility for the care, custody, or control of any child.	148359

(3) An applicant who receives pursuant to division (A)(2) of	148360
this section a copy of the form prescribed pursuant to division	148361
(C)(1) of section 109.572 of the Revised Code and a copy of an	148362
impression sheet prescribed pursuant to division (C)(2) of that	148363
section and who is requested to complete the form and provide a	148364
set of fingerprint impressions shall complete the form or provide	148365
all the information necessary to complete the form and shall	148366
provide the impression sheet with the impressions of the	148367
applicant's fingerprints. If an applicant, upon request, fails to	148368
provide the information necessary to complete the form or fails to	148369
provide impressions of the applicant's fingerprints, the center or	148370
type A home shall not employ that applicant for any position for	148371
which a criminal records check is required by division (A)(1) of	148372
this section.	148373

(B)(1) Except as provided in rules adopted under division (E)	148374
of this section, no child day-care center or type A family	148375
day-care home shall employ or contract with another entity for the	148376
services of a person as a person responsible for the care,	148377
custody, or control of a child if the person previously has been	148378
convicted of or pleaded guilty to any of the violations described	148379
in division (A)(5) of section 109.572 of the Revised Code.	148380

(2) A child day-care center or type A family day-care home	148381
may employ an applicant conditionally until the criminal records	148382
check required by this section is completed and the center or home	148383
receives the results of the criminal records check. If the results	148384
of the criminal records check indicate that, pursuant to division	148385
(B)(1) of this section, the applicant does not qualify for	148386
employment, the center or home shall release the applicant from	148387
employment.	148388

(C)(1) Each child day-care center and type A family day-care	148389
home shall pay to the bureau of criminal identification and	148390
investigation the fee prescribed pursuant to division (C)(3) of	148391
section 109.572 of the Revised Code for each criminal records	148392
check conducted in accordance with that section upon the request	148393
pursuant to division (A)(1) of this section of the administrator	148394
or provider of the center or home.	148395

(2) A child day-care center and type A family day-care home	148396
may charge an applicant a fee for the costs it incurs in obtaining	148397
a criminal records check under this section. A fee charged under	148398
this division shall not exceed the amount of fees the center or	148399
home pays under division (C)(1) of this section. If a fee is	148400
charged under this division, the center or home shall notify the	148401
applicant at the time of the applicant's initial application for	148402
employment of the amount of the fee and that, unless the fee is	148403
paid, the center or type A home will not consider the applicant	148404
for employment.	148405

(D) The report of any criminal records check conducted by the	148406
bureau of criminal identification and investigation in accordance	148407
with section 109.572 of the Revised Code and pursuant to a request	148408
under division (A)(1) of this section is not a public record for	148409
the purposes of section 149.43 of the Revised Code and shall not	148410
be made available to any person other than the applicant who is	148411
the subject of the criminal records check or the applicant's	148412
representative; the center or type A home requesting the criminal	148413
records check or its representative; the department of job and	148414
family services or a county department of job and family services;	148415
and any court, hearing officer, or other necessary individual	148416
involved in a case dealing with the denial of employment to the	148417
applicant.	148418

(E) The director of job and family services shall adopt rules	148419
pursuant to Chapter 119. of the Revised Code to implement this	148420
section, including rules specifying circumstances under which a	148421
center or home may hire a person who has been convicted of an	148422
offense listed in division (B)(1) of this section but who meets	148423
standards in regard to rehabilitation set by the department.	148424

(F) Any person required by division (A)(1) of this section to	148425
request a criminal records check shall inform each person, at the	148426
time of the person's initial application for employment, that the	148427
person is required to provide a set of impressions of the person's	148428
fingerprints and that a criminal records check is required to be	148429
conducted and satisfactorily completed in accordance with section	148430
109.572 of the Revised Code if the person comes under final	148431
consideration for appointment or employment as a precondition to	148432
employment for that position.	148433

(G) As used in this section:

148434

(1) "Applicant" means a person who is under final	148435
consideration for appointment to or employment in a position with	148436
a child day-care center or a type A family day-care home as a	148437
person responsible for the care, custody, or control of a child or	148438
any person who would serve in any position with a child day-care	148439
center or a type A family day-care home as a person responsible	148440
for the care, custody, or control of a child pursuant to a	148441
contract with another entity.	148442

(2) "Criminal records check" has the same meaning as in	148443
section 109.572 of the Revised Code.	148444

Sec. 5104.013. (A)(1) At the times specified in division	148445
(A)(3) of this section, the director of job and family services,	148446
as part of the process of licensure of child day-care centers,	148447
type A family day-care homes, and licensed type B family day-care	148448
homes shall request the superintendent of the bureau of criminal	148449
identification and investigation to conduct a criminal records	148450
check with respect to the following persons:	148451

(a) Any owner, licensee, or administrator of a child day-care	148452
center;	148453

(b) Any owner, licensee, or administrator of a type A family	148454
day-care home and any person eighteen years of age or older who	148455
resides in a type A family day-care home;	148456

(c) Any administrator of a licensed type B family day-care	148457
home and any person eighteen years of age or older who resides in	148458
a licensed type B family day-care home.	148459

(2) At the time specified in division (A)(3) of this section,	148460
the director of a county department of job and family services, as	148461
part of the process of certification of in-home aides, shall	148462
request the superintendent of the bureau of criminal	148463
identification and investigation to conduct a criminal records	148464
check with respect to any in-home aide.	148465

(3) The director of job and family services shall request a	148466
criminal records check pursuant to division (A)(1) of this section	148467
at the time of the initial application for licensure and every	148468
~~four~~five years thereafter. The director of a county department of	148469
job and family services shall request a criminal records check	148470
pursuant to division (A)(2) of this section at the time of the	148471
initial application for certification and every ~~four~~five years	148472
thereafter. When the director of job and family services or the	148473
director of a county department of job and family services	148474
requests pursuant to division (A)(1) or (2) of this section a	148475
criminal records check for a person at the time of the person's	148476
initial application for licensure or certification, the director	148477
shall request that the superintendent of the bureau of criminal	148478
identification and investigation obtain information from the	148479
federal bureau of investigation as a part of the criminal records	148480
check for the person, including fingerprint-based checks of	148481
national crime information databases as described in 42 U.S.C. 671	148482
for the person subject to the criminal records check. In all other	148483
cases in which the director of job and family services or the	148484
director of a county department of job and family services	148485
requests a criminal records check for an applicant pursuant to	148486
division (A)(1) or (2) of this section, the director may request	148487
that the superintendent include information from the federal	148488
bureau of investigation in the criminal records check, including	148489
fingerprint-based checks of national crime information databases	148490
as described in 42 U.S.C. 671.	148491

(4) The director of job and family services shall review the	148492
results of a criminal records check subsequent to a request made	148493
pursuant to divisions (A)(1) and (3) of this section prior to	148494
approval of a license. The director of a county department of job	148495
and family services shall review the results of a criminal records	148496
check subsequent to a request made pursuant to divisions (A)(2)	148497
and (3) of this section prior to approval of certification.	148498

(B) The director of job and family services or the director	148499
of a county department of job and family services shall provide to	148500
each person for whom a criminal records check is required under	148501
this section a copy of the form prescribed pursuant to division	148502
(C)(1) of section 109.572 of the Revised Code and a standard	148503
impression sheet to obtain fingerprint impressions prescribed	148504
pursuant to division (C)(2) of that section, obtain the completed	148505
form and impression sheet from that person, and forward the	148506
completed form and impression sheet to the superintendent of the	148507
bureau of criminal identification and investigation.	148508

(C) A person who receives pursuant to division (B) of this	148509
section a copy of the form and standard impression sheet described	148510
in that division and who is requested to complete the form and	148511
provide a set of fingerprint impressions shall complete the form	148512
or provide all the information necessary to complete the form and	148513
shall provide the impression sheet with the impressions of the	148514
person's fingerprints. If the person, upon request, fails to	148515
provide the information necessary to complete the form or fails to	148516
provide impressions of the person's fingerprints, the director may	148517
consider the failure as a reason to deny licensure or	148518
certification.	148519

(D) Except as provided in rules adopted under division (G) of	148520
this section, the director of job and family services shall not	148521
grant a license to a child day-care center, type A family day-care	148522
home, or type B family day-care home and a county director of job	148523
and family services shall not certify an in-home aide if a person	148524
for whom a criminal records check was required in connection with	148525
the center or home previously has been convicted of or pleaded	148526
guilty to any of the violations described in division (A)(5) of	148527
section 109.572 of the Revised Code.	148528

(E) Each child day-care center, type A family day-care home,	148529
and type B family day-care home shall pay to the bureau of	148530
criminal identification and investigation the fee prescribed	148531
pursuant to division (C)(3) of section 109.572 of the Revised Code	148532
for each criminal records check conducted in accordance with that	148533
section upon a request made pursuant to division (A) of this	148534
section.	148535

(F) The report of any criminal records check conducted by the	148536
bureau of criminal identification and investigation in accordance	148537
with section 109.572 of the Revised Code and pursuant to a request	148538
made under division (A) of this section is not a public record for	148539
the purposes of section 149.43 of the Revised Code and shall not	148540
be made available to any person other than the person who is the	148541
subject of the criminal records check or the person's	148542
representative, the director of job and family services, the	148543
director of a county department of job and family services, the	148544
center, type A home, or type B home involved, and any court,	148545
hearing officer, or other necessary individual involved in a case	148546
dealing with a denial of licensure or certification related to the	148547
criminal records check.	148548

(G) The director of job and family services shall adopt rules	148549
in accordance with Chapter 119. of the Revised Code to implement	148550
this section, including rules specifying exceptions to the	148551
prohibition in division (D) of this section for persons who have	148552
been convicted of an offense listed in that division but who meet	148553
standards in regard to rehabilitation set by the director.	148554

(H) As used in this section, "criminal records check" has the	148555
same meaning as in section 109.572 of the Revised Code.	148556

Sec. 5104.03. (A) Any person, firm, organization,	148557
institution, or agency seeking to establish a child day-care	148558
center, type A family day-care home, or licensed type B family	148559
day-care home shall apply for a license to the director of job and	148560
family services on such form as the director prescribes. The	148561
director shall provide at no charge to each applicant for	148562
licensure a copy of the child care license requirements in this	148563
chapter and a copy of the rules adopted pursuant to this chapter.	148564
The copies may be provided in paper or electronic form.	148565

Fees shall be set by the director pursuant to sections	148566
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	148567
paid at the time of application for a license to operate a center,	148568
type A home, or type B home. Fees collected under this section	148569
shall be paid into the state treasury to the credit of the general	148570
revenue fund.	148571

(B)(1) Upon filing of the application for a license, the	148572
director shall investigate and inspect the center, type A home, or	148573
type B home to determine the license capacity for each age	148574
category of children of the center, type A home, or type B home	148575
and to determine whether the center, type A home, or type B home	148576
complies with this chapter and rules adopted pursuant to this	148577
chapter. When, after investigation and inspection, the director is	148578
satisfied that this chapter and rules adopted pursuant to it are	148579
complied with, subject to division (H) of this section, a license	148580
shall be issued as soon as practicable in such form and manner as	148581
prescribed by the director. The license shall be designated as	148582
provisional and shall be valid for twelve months from the date of	148583
issuance unless revoked.	148584

(2) The director may contract with a government entity or a	148585
private nonprofit entity for the entity to inspect and license	148586
type B family day-care homes pursuant to this section. The	148587
department, government entity, or nonprofit entity shall conduct	148588
the inspection prior to the issuance of a license for the type B	148589
home and, as part of that inspection, ensure that the type B home	148590
is safe and sanitary.	148591

(C)(1) On receipt of an application for licensure as a type B	148592
family day-care home to provide publicly funded child care, the	148593
department shall search the uniform statewide automated child	148594
welfare information system for information concerning any abuse or	148595
neglect report made pursuant to section 2151.421 of the Revised	148596
Code of which the applicant, any other adult residing in the	148597
applicant's home, or a person designated by the applicant to be an	148598
emergency or substitute caregiver for the applicant is the	148599
subject.	148600

(2) The department shall consider any information it	148601
discovers pursuant to division (C)(1) of this section or that is	148602
provided by a public children services agency pursuant to section	148603
5153.175 of the Revised Code. If the department determines that	148604
the information, when viewed within the totality of the	148605
circumstances, reasonably leads to the conclusion that the	148606
applicant may directly or indirectly endanger the health, safety,	148607
or welfare of children, the department shall deny the application	148608
for licensure or revoke the license of a type B family day-care	148609
home.	148610

(D) The director shall investigate and inspect the center,	148611
type A home, or type B home at least once during operation under a	148612
license designated as provisional. If after the investigation and	148613
inspection the director determines that the requirements of this	148614
chapter and rules adopted pursuant to this chapter are met,	148615
subject to division (H) of this section, the director shall issue	148616
a new license to the center or home.	148617

(E) Each license shall state the name of the licensee, the	148618
name of the administrator, the address of the center, type A home,	148619
or licensed type B home, and the license capacity for each age	148620
category of children. The license shall include thereon, in	148621
accordance with sections 5104.015, 5104.017, and 5104.018 of the	148622
Revised Code, the toll-free telephone number to be used by persons	148623
suspecting that the center, type A home, or licensed type B home	148624
has violated a provision of this chapter or rules adopted pursuant	148625
to this chapter. A license is valid only for the licensee,	148626
administrator, address, and license capacity for each age category	148627
of children designated on the license. The license capacity	148628
specified on the license is the maximum number of children in each	148629
age category that may be cared for in the center, type A home, or	148630
licensed type B home at one time.	148631

The center or type A home licensee shall notify the director	148632
when the administrator of the center or home changes. The director	148633
shall amend the current license to reflect a change in an	148634
administrator, if the administrator meets the requirements of this	148635
chapter and rules adopted pursuant to this chapter, or a change in	148636
license capacity for any age category of children as determined by	148637
the director of job and family services.	148638

(F) If the director revokes the license of a center, a type A	148639
home, or a type B home, the director shall not issue another	148640
license to the owner of the center, type A home, or type B home	148641
until five years have elapsed from the date the license is	148642
revoked.	148643

If the director denies an application for a license, the	148644
director shall not accept another application from the applicant	148645
until five years have elapsed from the date the application is	148646
denied.	148647

(G) If during the application for licensure process the	148648
director determines that the license of the owner has been	148649
revoked, the investigation of the center, type A home, or type B	148650
home shall cease. This action does not constitute denial of the	148651
application and may not be appealed under division (H) of this	148652
section.	148653

(H) All actions of the director with respect to licensing	148654
centers, type A homes, or type B homes, refusal to license, and	148655
revocation of a license shall be in accordance with Chapter 119.	148656
of the Revised Code. Any applicant who is denied a license or any	148657
owner whose license is revoked may appeal in accordance with	148658
section 119.12 of the Revised Code.	148659

(I) In no case shall the director issue a license under this	148660
section for a center, type A home, or type B home if the director,	148661
based on documentation provided by the appropriate county	148662
department of job and family services, determines that the	148663
applicant had been certified as a type B family day-care home when	148664
such certifications were issued by county departments prior to ~~the~~	148665
~~effective date of this amendment~~January 1, 2014, that the county	148666
department revoked that certification within the immediately	148667
preceding five years, that the revocation was based on the	148668
applicant's refusal or inability to comply with the criteria for	148669
certification, and that the refusal or inability resulted in a	148670
risk to the health or safety of children.	148671

(J)(1) Except as provided in division (J)(2) of this section,	148672
an administrator of a type B family day-care home that receives a	148673
license pursuant to this section to provide publicly funded child	148674
care is an independent contractor and is not an employee of the	148675
department of job and family services.	148676

(2) For purposes of Chapter 4141. of the Revised Code,	148677
determinations concerning the employment of an administrator of a	148678
type B family day-care home that receives a license pursuant to	148679
this section shall be determined under Chapter 4141. of the	148680
Revised Code.	148681

Sec. 5104.08. (A) There is hereby created in the department	148682
of job and family services a child care advisory council to advise	148683
and assist the department in the administration of this chapter	148684
and in the development of child care. The council shall consist of	148685
twenty-two voting members appointed by the director of job and	148686
family services with the approval of the governor. The director of	148687
job and family services, the director of developmental	148688
disabilities, the director of ~~mental health~~mental health and	148689
addiction services, the superintendent of public instruction, the	148690
director of health, the director of commerce, and the state fire	148691
marshal shall serve as nonvoting members of the council.	148692

Six members shall be representatives of child care centers	148693
subject to licensing, the members to represent a variety of	148694
centers, including nonprofit and proprietary, from different	148695
geographical areas of the state. At least three members shall be	148696
parents, guardians, or custodians of children receiving child care	148697
or publicly funded child care in the child's own home, a center, a	148698
type A home, a head start program, a licensed type B home, or a	148699
type B home at the time of appointment. Three members shall be	148700
representatives of in-home aides, type A homes, licensed type B	148701
homes, or type B homes or head start programs. At least six	148702
members shall represent county departments of job and family	148703
services. The remaining members shall be representatives of the	148704
teaching, child development, and health professions, and other	148705
individuals interested in the welfare of children. At least six	148706
members of the council shall not be employees or licensees of a	148707
child day-care center, head start program, or type A home, or	148708
providers operating a licensed type B home or type B home, or	148709
in-home aides.	148710

Appointments shall be for three-year terms. Vacancies shall	148711
be filled for the unexpired terms. A member of the council is	148712
subject to removal by the director of job and family services for	148713
a willful and flagrant exercise of authority or power that is not	148714
authorized by law, for a refusal or willful neglect to perform any	148715
official duty as a member of the council imposed by law, or for	148716
being guilty of misfeasance, malfeasance, nonfeasance, or gross	148717
neglect of duty as a member of the council.	148718

There shall be two co-chairpersons of the council. One	148719
co-chairperson shall be the director of job and family services or	148720
the director's designee, and one co-chairperson shall be elected	148721
by the members of the council. The council shall meet as often as	148722
is necessary to perform its duties, provided that it shall meet at	148723
least once in each quarter of each calendar year and at the call	148724
of the co-chairpersons. The co-chairpersons or their designee	148725
shall send to each member a written notice of the date, time, and	148726
place of each meeting.	148727

Members of the council shall serve without compensation, but	148728
shall be reimbursed for necessary expenses.	148729

(B) The child care advisory council shall advise the director	148730
on matters affecting the licensing of centers, type A homes, and	148731
type B homes and the certification of in-home aides. The council	148732
shall make an annual report to the director of job and family	148733
services that addresses the availability, affordability,	148734
accessibility, and quality of child care and that summarizes the	148735
recommendations and plans of action that the council has proposed	148736
to the director during the preceding fiscal year. The director of	148737
job and family services shall provide copies of the report to the	148738
governor, speaker and minority leader of the house of	148739
representatives, and the president and minority leader of the	148740
senate and, on request, shall make copies available to the public.	148741

(C) The director of job and family services shall adopt rules	148742
in accordance with Chapter 119. of the Revised Code to implement	148743
this section.	148744

Sec. 5104.32. (A) Except as provided in division (C) of this	148745
section, all purchases of publicly funded child care shall be made	148746
under a contract entered into by a licensed child day-care center,	148747
licensed type A family day-care home, licensed type B family	148748
day-care home, certified in-home aide, approved child day camp,	148749
licensed preschool program, licensed school child program, or	148750
border state child care provider and the department of job and	148751
family services. All contracts for publicly funded child care	148752
shall be contingent upon the availability of state and federal	148753
funds. The department shall prescribe a standard form to be used	148754
for all contracts for the purchase of publicly funded child care,	148755
regardless of the source of public funds used to purchase the	148756
child care. To the extent permitted by federal law and	148757
notwithstanding any other provision of the Revised Code that	148758
regulates state contracts or contracts involving the expenditure	148759
of state or federal funds, all contracts for publicly funded child	148760
care shall be entered into in accordance with the provisions of	148761
this chapter and are exempt from any other provision of the	148762
Revised Code that regulates state contracts or contracts involving	148763
the expenditure of state or federal funds.	148764

(B) Each contract for publicly funded child care shall	148765
specify at least the following:	148766

(1) That the provider of publicly funded child care agrees to	148767
be paid for rendering services at the lower of the rate	148768
customarily charged by the provider for children enrolled for	148769
child care or the reimbursement ceiling or rate of payment	148770
established pursuant to section 5104.30 of the Revised Code;	148771

(2) That, if a provider provides child care to an individual	148772
potentially eligible for publicly funded child care who is	148773
subsequently determined to be eligible, the department agrees to	148774
pay for all child care provided between the date the county	148775
department of job and family services receives the individual's	148776
completed application and the date the individual's eligibility is	148777
determined;	148778

(3) Whether the county department of job and family services,	148779
the provider, or a child care resource and referral service	148780
organization will make eligibility determinations, whether the	148781
provider or a child care resource and referral service	148782
organization will be required to collect information to be used by	148783
the county department to make eligibility determinations, and the	148784
time period within which the provider or child care resource and	148785
referral service organization is required to complete required	148786
eligibility determinations or to transmit to the county department	148787
any information collected for the purpose of making eligibility	148788
determinations;	148789

(4) That the provider, other than a border state child care	148790
provider, shall continue to be licensed, approved, or certified	148791
pursuant to this chapter and shall comply with all standards and	148792
other requirements in this chapter and in rules adopted pursuant	148793
to this chapter for maintaining the provider's license, approval,	148794
or certification;	148795

(5) That, in the case of a border state child care provider,	148796
the provider shall continue to be licensed, certified, or	148797
otherwise approved by the state in which the provider is located	148798
and shall comply with all standards and other requirements	148799
established by that state for maintaining the provider's license,	148800
certificate, or other approval;	148801

(6) Whether the provider will be paid by the state department	148802
of job and family services or in some other manner as prescribed	148803
by rules adopted under section 5104.42 of the Revised Code;	148804

(7) That the contract is subject to the availability of state	148805
and federal funds.	148806

(C) Unless specifically prohibited by federal law or by rules	148807
adopted under section 5104.42 of the Revised Code, the county	148808
department of job and family services shall give individuals	148809
eligible for publicly funded child care the option of obtaining	148810
certificates that the individual may use to purchase services from	148811
any provider qualified to provide publicly funded child care under	148812
section 5104.31 of the Revised Code. Providers of publicly funded	148813
child care may present these certificates for payment in	148814
accordance with rules that the director of job and family services	148815
shall adopt. Only providers may receive payment for certificates.	148816
The value of the certificate shall be based on the lower of the	148817
rate customarily charged by the provider or the rate of payment	148818
established pursuant to section 5104.30 of the Revised Code. The	148819
county department may provide the certificates to the individuals	148820
or may contract with child care providers or child care resource	148821
and referral service organizations that make determinations of	148822
eligibility for publicly funded child care pursuant to contracts	148823
entered into under section 5104.34 of the Revised Code for the	148824
providers or resource and referral service organizations to	148825
provide the certificates to individuals whom they determine are	148826
eligible for publicly funded child care.	148827

For each six-month period a provider of publicly funded child	148828
care provides publicly funded child care to the child of an	148829
individual given certificates, the individual shall provide the	148830
provider certificates for days the provider would have provided	148831
publicly funded child care to the child had the child been	148832
present. The maximum number of days providers shall be provided	148833
certificates shall not exceed ten days in a six-month period	148834
during which publicly funded child care is provided to the child	148835
regardless of the number of providers that provide publicly funded	148836
child care to the child during that period.	148837

(D)(1) The department shall establish the Ohio electronic	148838
child care system to track attendance and calculate payments for	148839
publicly funded child care. The system shall include issuing an	148840
electronic child care card to each caretaker parent to swipe	148841
through a point of service device issued to an eligible provider,	148842
as described in section 5104.31 of the Revised Code.	148843

(2) Each eligible provider that provides publicly funded	148844
child care shall participate in the Ohio electronic child care	148845
system. A provider participating in the system shall not do any of	148846
the following:	148847

(a) Use or have possession of an electronic child care card	148848
issued to a caretaker parent;	148849

(b) Falsify attendance records;

148850

(c) Knowingly seek payment for publicly funded child care	148851
that was not provided;	148852

(d) Knowingly accept reimbursement for publicly funded child	148853
care that was not provided.	148854

Section 110.21. That the existing versions of sections	148855
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	148856
and 5104.32 of the Revised Code that are scheduled to take effect	148857
January 1, 2014, are hereby repealed.	148858

Section 110.22. Sections 110.20 and 110.21 of this act shall	148859
take effect January 1, 2014, except that the amendments by	148860
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	148861
(50) of section 2151.011 of the Revised Code shall take effect	148862
July 1, 2014.	148863

Section 110.30. That the versions of sections 4501.01,	148864
4507.01, and 4507.06 of the Revised Code that are scheduled to	148865
take effect January 1, 2017, be amended to read as follows:	148866

Sec. 4501.01. As used in this chapter and Chapters 4503.,	148867
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	148868
Revised Code, and in the penal laws, except as otherwise provided:	148869

(A) "Vehicles" means everything on wheels or runners,	148870
including motorized bicycles, but does not mean electric personal	148871
assistive mobility devices, vehicles that are operated exclusively	148872
on rails or tracks or from overhead electric trolley wires, and	148873
vehicles that belong to any police department, municipal fire	148874
department, or volunteer fire department, or that are used by such	148875
a department in the discharge of its functions.	148876

(B) "Motor vehicle" means any vehicle, including mobile homes	148877
and recreational vehicles, that is propelled or drawn by power	148878
other than muscular power or power collected from overhead	148879
electric trolley wires. "Motor vehicle" does not include utility	148880
vehicles as defined in division (VV) of this section, under-speed	148881
vehicles as defined in division (XX) of this section, mini-trucks	148882
as defined in division (BBB) of this section, motorized bicycles,	148883
road rollers, traction engines, power shovels, power cranes, and	148884
other equipment used in construction work and not designed for or	148885
employed in general highway transportation, well-drilling	148886
machinery, ditch-digging machinery, farm machinery, and trailers	148887
that are designed and used exclusively to transport a boat between	148888
a place of storage and a marina, or in and around a marina, when	148889
drawn or towed on a public road or highway for a distance of no	148890
more than ten miles and at a speed of twenty-five miles per hour	148891
or less.	148892

(C) "Agricultural tractor" and "traction engine" mean any	148893
self-propelling vehicle that is designed or used for drawing other	148894
vehicles or wheeled machinery, but has no provisions for carrying	148895
loads independently of such other vehicles, and that is used	148896
principally for agricultural purposes.	148897

(D) "Commercial tractor," except as defined in division (C)	148898
of this section, means any motor vehicle that has motive power and	148899
either is designed or used for drawing other motor vehicles, or is	148900
designed or used for drawing another motor vehicle while carrying	148901
a portion of the other motor vehicle or its load, or both.	148902

(E) "Passenger car" means any motor vehicle that is designed	148903
and used for carrying not more than nine persons and includes any	148904
motor vehicle that is designed and used for carrying not more than	148905
fifteen persons in a ridesharing arrangement.	148906

(F) "Collector's vehicle" means any motor vehicle or	148907
agricultural tractor or traction engine that is of special	148908
interest, that has a fair market value of one hundred dollars or	148909
more, whether operable or not, and that is owned, operated,	148910
collected, preserved, restored, maintained, or used essentially as	148911
a collector's item, leisure pursuit, or investment, but not as the	148912
owner's principal means of transportation. "Licensed collector's	148913
vehicle" means a collector's vehicle, other than an agricultural	148914
tractor or traction engine, that displays current, valid license	148915
tags issued under section 4503.45 of the Revised Code, or a	148916
similar type of motor vehicle that displays current, valid license	148917
tags issued under substantially equivalent provisions in the laws	148918
of other states.	148919

(G) "Historical motor vehicle" means any motor vehicle that	148920
is over twenty-five years old and is owned solely as a collector's	148921
item and for participation in club activities, exhibitions, tours,	148922
parades, and similar uses, but that in no event is used for	148923
general transportation.	148924

(H) "Noncommercial motor vehicle" means any motor vehicle,	148925
including a farm truck as defined in section 4503.04 of the	148926
Revised Code, that is designed by the manufacturer to carry a load	148927
of no more than one ton and is used exclusively for purposes other	148928
than engaging in business for profit.	148929

(I) "Bus" means any motor vehicle that has motor power and is	148930
designed and used for carrying more than nine passengers, except	148931
any motor vehicle that is designed and used for carrying not more	148932
than fifteen passengers in a ridesharing arrangement.	148933

(J) "Commercial car" or "truck" means any motor vehicle that	148934
has motor power and is designed and used for carrying merchandise	148935
or freight, or that is used as a commercial tractor.	148936

(K) "Bicycle" means every device, other than a device that is	148937
designed solely for use as a play vehicle by a child, that is	148938
propelled solely by human power upon which a person may ride, and	148939
that has two or more wheels, any of which is more than fourteen	148940
inches in diameter.	148941

(L) "Motorized bicycle" or "moped" means any vehicle that	148942
either has two tandem wheels or one wheel in the front and two	148943
wheels in the rear, that may be pedaled, and that is equipped with	148944
a helper motor of not more than fifty cubic centimeters piston	148945
displacement that produces no more than one brake horsepower and	148946
is capable of propelling the vehicle at a speed of no greater than	148947
twenty miles per hour on a level surface.	148948

(M) "Trailer" means any vehicle without motive power that is	148949
designed or used for carrying property or persons wholly on its	148950
own structure and for being drawn by a motor vehicle, and includes	148951
any such vehicle that is formed by or operated as a combination of	148952
a semitrailer and a vehicle of the dolly type such as that	148953
commonly known as a trailer dolly, a vehicle used to transport	148954
agricultural produce or agricultural production materials between	148955
a local place of storage or supply and the farm when drawn or	148956
towed on a public road or highway at a speed greater than	148957
twenty-five miles per hour, and a vehicle that is designed and	148958
used exclusively to transport a boat between a place of storage	148959
and a marina, or in and around a marina, when drawn or towed on a	148960
public road or highway for a distance of more than ten miles or at	148961
a speed of more than twenty-five miles per hour. "Trailer" does	148962
not include a manufactured home or travel trailer.	148963

(N) "Noncommercial trailer" means any trailer, except a	148964
travel trailer or trailer that is used to transport a boat as	148965
described in division (B) of this section, but, where applicable,	148966
includes a vehicle that is used to transport a boat as described	148967
in division (M) of this section, that has a gross weight of no	148968
more than ten thousand pounds, and that is used exclusively for	148969
purposes other than engaging in business for a profit, such as the	148970
transportation of personal items for personal or recreational	148971
purposes.	148972

(O) "Mobile home" means a building unit or assembly of closed	148973
construction that is fabricated in an off-site facility, is more	148974
than thirty-five body feet in length or, when erected on site, is	148975
three hundred twenty or more square feet, is built on a permanent	148976
chassis, is transportable in one or more sections, and does not	148977
qualify as a manufactured home as defined in division (C)(4) of	148978
section 3781.06 of the Revised Code or as an industrialized unit	148979
as defined in division (C)(3) of section 3781.06 of the Revised	148980
Code.	148981

(P) "Semitrailer" means any vehicle of the trailer type that	148982
does not have motive power and is so designed or used with another	148983
and separate motor vehicle that in operation a part of its own	148984
weight or that of its load, or both, rests upon and is carried by	148985
the other vehicle furnishing the motive power for propelling	148986
itself and the vehicle referred to in this division, and includes,	148987
for the purpose only of registration and taxation under those	148988
chapters, any vehicle of the dolly type, such as a trailer dolly,	148989
that is designed or used for the conversion of a semitrailer into	148990
a trailer.	148991

(Q) "Recreational vehicle" means a vehicular portable	148992
structure that meets all of the following conditions:	148993

(1) It is designed for the sole purpose of recreational	148994
travel.	148995

(2) It is not used for the purpose of engaging in business	148996
for profit.	148997

(3) It is not used for the purpose of engaging in intrastate	148998
commerce.	148999

(4) It is not used for the purpose of commerce as defined in	149000
49 C.F.R. 383.5, as amended.	149001

(5) It is not regulated by the public utilities commission	149002
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	149003

(6) It is classed as one of the following:

149004

(a) "Travel trailer" or "house vehicle" means a	149005
nonself-propelled recreational vehicle that does not exceed an	149006
overall length of forty feet, exclusive of bumper and tongue or	149007
coupling. "Travel trailer" includes a tent-type fold-out camping	149008
trailer as defined in section 4517.01 of the Revised Code.	149009

(b) "Motor home" means a self-propelled recreational vehicle	149010
that has no fifth wheel and is constructed with permanently	149011
installed facilities for cold storage, cooking and consuming of	149012
food, and for sleeping.	149013

(c) "Truck camper" means a nonself-propelled recreational	149014
vehicle that does not have wheels for road use and is designed to	149015
be placed upon and attached to a motor vehicle. "Truck camper"	149016
does not include truck covers that consist of walls and a roof,	149017
but do not have floors and facilities enabling them to be used as	149018
a dwelling.	149019

(d) "Fifth wheel trailer" means a vehicle that is of such	149020
size and weight as to be movable without a special highway permit,	149021
that is constructed with a raised forward section that allows a	149022
bi-level floor plan, and that is designed to be towed by a vehicle	149023
equipped with a fifth-wheel hitch ordinarily installed in the bed	149024
of a truck.	149025

(e) "Park trailer" means a vehicle that is commonly known as	149026
a park model recreational vehicle, meets the American national	149027
standard institute standard A119.5 (1988) for park trailers, is	149028
built on a single chassis, has a gross trailer area of four	149029
hundred square feet or less when set up, is designed for seasonal	149030
or temporary living quarters, and may be connected to utilities	149031
necessary for the operation of installed features and appliances.	149032

(R) "Pneumatic tires" means tires of rubber and fabric or	149033
tires of similar material, that are inflated with air.	149034

(S) "Solid tires" means tires of rubber or similar elastic	149035
material that are not dependent upon confined air for support of	149036
the load.	149037

(T) "Solid tire vehicle" means any vehicle that is equipped	149038
with two or more solid tires.	149039

(U) "Farm machinery" means all machines and tools that are	149040
used in the production, harvesting, and care of farm products, and	149041
includes trailers that are used to transport agricultural produce	149042
or agricultural production materials between a local place of	149043
storage or supply and the farm, agricultural tractors, threshing	149044
machinery, hay-baling machinery, corn shellers, hammermills, and	149045
machinery used in the production of horticultural, agricultural,	149046
and vegetable products.	149047

(V) "Owner" includes any person or firm, other than a	149048
manufacturer or dealer, that has title to a motor vehicle, except	149049
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	149050
includes in addition manufacturers and dealers.	149051

(W) "Manufacturer" and "dealer" include all persons and firms	149052
that are regularly engaged in the business of manufacturing,	149053
selling, displaying, offering for sale, or dealing in motor	149054
vehicles, at an established place of business that is used	149055
exclusively for the purpose of manufacturing, selling, displaying,	149056
offering for sale, or dealing in motor vehicles. A place of	149057
business that is used for manufacturing, selling, displaying,	149058
offering for sale, or dealing in motor vehicles shall be deemed to	149059
be used exclusively for those purposes even though snowmobiles or	149060
all-purpose vehicles are sold or displayed for sale thereat, even	149061
though farm machinery is sold or displayed for sale thereat, or	149062
even though repair, accessory, gasoline and oil, storage, parts,	149063
service, or paint departments are maintained thereat, or, in any	149064
county having a population of less than seventy-five thousand at	149065
the last federal census, even though a department in a place of	149066
business is used to dismantle, salvage, or rebuild motor vehicles	149067
by means of used parts, if such departments are operated for the	149068
purpose of furthering and assisting in the business of	149069
manufacturing, selling, displaying, offering for sale, or dealing	149070
in motor vehicles. Places of business or departments in a place of	149071
business used to dismantle, salvage, or rebuild motor vehicles by	149072
means of using used parts are not considered as being maintained	149073
for the purpose of assisting or furthering the manufacturing,	149074
selling, displaying, and offering for sale or dealing in motor	149075
vehicles.	149076

(X) "Operator" includes any person who drives or operates a	149077
motor vehicle upon the public highways.	149078

(Y) "Chauffeur" means any operator who operates a motor	149079
vehicle, other than a taxicab, as an employee for hire; or any	149080
operator whether or not the owner of a motor vehicle, other than a	149081
taxicab, who operates such vehicle for transporting, for gain,	149082
compensation, or profit, either persons or property owned by	149083
another. Any operator of a motor vehicle who is voluntarily	149084
involved in a ridesharing arrangement is not considered an	149085
employee for hire or operating such vehicle for gain,	149086
compensation, or profit.	149087

(Z) "State" includes the territories and federal districts of	149088
the United States, and the provinces of Canada.	149089

(AA) "Public roads and highways" for vehicles includes all	149090
public thoroughfares, bridges, and culverts.	149091

(BB) "Manufacturer's number" means the manufacturer's	149092
original serial number that is affixed to or imprinted upon the	149093
chassis or other part of the motor vehicle.	149094

(CC) "Motor number" means the manufacturer's original number	149095
that is affixed to or imprinted upon the engine or motor of the	149096
vehicle.	149097

(DD) "Distributor" means any person who is authorized by a	149098
motor vehicle manufacturer to distribute new motor vehicles to	149099
licensed motor vehicle dealers at an established place of business	149100
that is used exclusively for the purpose of distributing new motor	149101
vehicles to licensed motor vehicle dealers, except when the	149102
distributor also is a new motor vehicle dealer, in which case the	149103
distributor may distribute at the location of the distributor's	149104
licensed dealership.	149105

(EE) "Ridesharing arrangement" means the transportation of	149106
persons in a motor vehicle where the transportation is incidental	149107
to another purpose of a volunteer driver and includes ridesharing	149108
arrangements known as carpools, vanpools, and buspools.	149109

(FF) "Apportionable vehicle" means any vehicle that is used	149110
or intended for use in two or more international registration plan	149111
member jurisdictions that allocate or proportionally register	149112
vehicles, that is used for the transportation of persons for hire	149113
or designed, used, or maintained primarily for the transportation	149114
of property, and that meets any of the following qualifications:	149115

(1) Is a power unit having a gross vehicle weight in excess	149116
of twenty-six thousand pounds;	149117

(2) Is a power unit having three or more axles, regardless of	149118
the gross vehicle weight;	149119

(3) Is a combination vehicle with a gross vehicle weight in	149120
excess of twenty-six thousand pounds.	149121

"Apportionable vehicle" does not include recreational	149122
vehicles, vehicles displaying restricted plates, city pick-up and	149123
delivery vehicles, buses used for the transportation of chartered	149124
parties, or vehicles owned and operated by the United States, this	149125
state, or any political subdivisions thereof.	149126

(GG) "Chartered party" means a group of persons who contract	149127
as a group to acquire the exclusive use of a passenger-carrying	149128
motor vehicle at a fixed charge for the vehicle in accordance with	149129
the carrier's tariff, lawfully on file with the United States	149130
department of transportation, for the purpose of group travel to a	149131
specified destination or for a particular itinerary, either agreed	149132
upon in advance or modified by the chartered group after having	149133
left the place of origin.	149134

(HH) "International registration plan" means a reciprocal	149135
agreement of member jurisdictions that is endorsed by the American	149136
association of motor vehicle administrators, and that promotes and	149137
encourages the fullest possible use of the highway system by	149138
authorizing apportioned registration of fleets of vehicles and	149139
recognizing registration of vehicles apportioned in member	149140
jurisdictions.	149141

(II) "Restricted plate" means a license plate that has a	149142
restriction of time, geographic area, mileage, or commodity, and	149143
includes license plates issued to farm trucks under division (J)	149144
of section 4503.04 of the Revised Code.	149145

(JJ) "Gross vehicle weight," with regard to any commercial	149146
car, trailer, semitrailer, or bus that is taxed at the rates	149147
established under section 4503.042 or 4503.65 of the Revised Code,	149148
means the unladen weight of the vehicle fully equipped plus the	149149
maximum weight of the load to be carried on the vehicle.	149150

(KK) "Combined gross vehicle weight" with regard to any	149151
combination of a commercial car, trailer, and semitrailer, that is	149152
taxed at the rates established under section 4503.042 or 4503.65	149153
of the Revised Code, means the total unladen weight of the	149154
combination of vehicles fully equipped plus the maximum weight of	149155
the load to be carried on that combination of vehicles.	149156

(LL) "Chauffeured limousine" means a motor vehicle that is	149157
designed to carry nine or fewer passengers and is operated for	149158
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	149159
transportation of passengers on public roads and highways along a	149160
route under the control of the person hiring the vehicle and not	149161
over a defined and regular route. "Prearranged contract" means an	149162
agreement, made in advance of boarding, to provide transportation	149163
from a specific location in a chauffeured limousine ~~at a fixed~~	149164
~~rate per hour or trip~~. "Chauffeured limousine" does not include	149165
any vehicle that is used exclusively in the business of funeral	149166
directing.	149167

(MM) "Manufactured home" has the same meaning as in division	149168
(C)(4) of section 3781.06 of the Revised Code.	149169

(NN) "Acquired situs," with respect to a manufactured home or	149170
a mobile home, means to become located in this state by the	149171
placement of the home on real property, but does not include the	149172
placement of a manufactured home or a mobile home in the inventory	149173
of a new motor vehicle dealer or the inventory of a manufacturer,	149174
remanufacturer, or distributor of manufactured or mobile homes.	149175

(OO) "Electronic" includes electrical, digital, magnetic,	149176
optical, electromagnetic, or any other form of technology that	149177
entails capabilities similar to these technologies.	149178

(PP) "Electronic record" means a record generated,	149179
communicated, received, or stored by electronic means for use in	149180
an information system or for transmission from one information	149181
system to another.	149182

(QQ) "Electronic signature" means a signature in electronic	149183
form attached to or logically associated with an electronic	149184
record.	149185

(RR) "Financial transaction device" has the same meaning as	149186
in division (A) of section 113.40 of the Revised Code.	149187

(SS) "Electronic motor vehicle dealer" means a motor vehicle	149188
dealer licensed under Chapter 4517. of the Revised Code whom the	149189
registrar of motor vehicles determines meets the criteria	149190
designated in section 4503.035 of the Revised Code for electronic	149191
motor vehicle dealers and designates as an electronic motor	149192
vehicle dealer under that section.	149193

(TT) "Electric personal assistive mobility device" means a	149194
self-balancing two non-tandem wheeled device that is designed to	149195
transport only one person, has an electric propulsion system of an	149196
average of seven hundred fifty watts, and when ridden on a paved	149197
level surface by an operator who weighs one hundred seventy pounds	149198
has a maximum speed of less than twenty miles per hour.	149199

(UU) "Limited driving privileges" means the privilege to	149200
operate a motor vehicle that a court grants under section 4510.021	149201
of the Revised Code to a person whose driver's or commercial	149202
driver's license or permit or nonresident operating privilege has	149203
been suspended.	149204

(VV) "Utility vehicle" means a self-propelled vehicle	149205
designed with a bed, principally for the purpose of transporting	149206
material or cargo in connection with construction, agricultural,	149207
forestry, grounds maintenance, lawn and garden, materials	149208
handling, or similar activities.	149209

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	149210
vehicle with an attainable speed in one mile on a paved level	149211
surface of more than twenty miles per hour but not more than	149212
twenty-five miles per hour and with a gross vehicle weight rating	149213
less than three thousand pounds.	149214

(XX) "Under-speed vehicle" means a three- or four-wheeled	149215
vehicle, including a vehicle commonly known as a golf cart, with	149216
an attainable speed on a paved level surface of not more than	149217
twenty miles per hour and with a gross vehicle weight rating less	149218
than three thousand pounds.	149219

(YY) "Motor-driven cycle or motor scooter" means any vehicle	149220
designed to travel on not more than three wheels in contact with	149221
the ground, with a seat for the driver and floor pad for the	149222
driver's feet, and is equipped with a motor with a piston	149223
displacement between fifty and one hundred fifty cubic centimeters	149224
piston displacement that produces not more than five brake	149225
horsepower and is capable of propelling the vehicle at a speed	149226
greater than twenty miles per hour on a level surface.	149227

(ZZ) "Motorcycle" means a motor vehicle with motive power	149228
having a seat or saddle for the use of the operator, designed to	149229
travel on not more than three wheels in contact with the ground,	149230
and having no occupant compartment top or occupant compartment top	149231
that can be installed or removed by the user.	149232

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	149233
motive power having a seat or saddle for the use of the operator,	149234
designed to travel on not more than three wheels in contact with	149235
the ground, and having an occupant compartment top or an occupant	149236
compartment top that can be installed or removed by the user.	149237

(BBB) "Mini-truck" means a vehicle that has four wheels, is	149238
propelled by an electric motor with a rated power of seven	149239
thousand five hundred watts or less or an internal combustion	149240
engine with a piston displacement capacity of six hundred sixty	149241
cubic centimeters or less, has a total dry weight of nine hundred	149242
to two thousand two hundred pounds, contains an enclosed cabin and	149243
a seat for the vehicle operator, resembles a pickup truck or van	149244
with a cargo area or bed located at the rear of the vehicle, and	149245
was not originally manufactured to meet federal motor vehicle	149246
safety standards.	149247

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	149248
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	149249
and "highways" have the same meanings as in section 4501.01 of the	149250
Revised Code.	149251

"Driver's license" means a class D license issued to any	149252
person to operate a motor vehicle or motor-driven cycle, other	149253
than a commercial motor vehicle, and includes "probationary	149254
license," "restricted license," and any operator's or chauffeur's	149255
license issued before January 1, 1990.	149256

"Probationary license" means the license issued to any person	149257
between sixteen and eighteen years of age to operate a motor	149258
vehicle.	149259

"Restricted license" means the license issued to any person	149260
to operate a motor vehicle subject to conditions or restrictions	149261
imposed by the registrar of motor vehicles.	149262

"Commercial driver's license" means the license issued to a	149263
person under Chapter 4506. of the Revised Code to operate a	149264
commercial motor vehicle.	149265

"Commercial motor vehicle" has the same meaning as in section	149266
4506.01 of the Revised Code.	149267

"Motorcycle operator's temporary instruction permit, license,	149268
or endorsement" includes a temporary instruction permit, license,	149269
or endorsement for a motor-driven cycle or motor scooter unless	149270
otherwise specified.	149271

"Motorized bicycle license" means the license issued under	149272
section 4511.521 of the Revised Code to any person to operate a	149273
motorized bicycle including a "probationary motorized bicycle	149274
license."	149275

"Probationary motorized bicycle license" means the license	149276
issued under section 4511.521 of the Revised Code to any person	149277
between fourteen and sixteen years of age to operate a motorized	149278
bicycle.	149279

"Identification card" means a card issued under sections	149280
4507.50 and 4507.51 of the Revised Code.	149281

"Resident" means a person who, in accordance with standards	149282
prescribed in rules adopted by the registrar, resides in this	149283
state on a permanent basis.	149284

"Temporary resident" means a person who, in accordance with	149285
standards prescribed in rules adopted by the registrar, resides in	149286
this state on a temporary basis.	149287

(B) In the administration of this chapter and Chapter 4506.	149288
of the Revised Code, the registrar has the same authority as is	149289
conferred on the registrar by section 4501.02 of the Revised Code.	149290
Any act of an authorized deputy registrar of motor vehicles under	149291
direction of the registrar is deemed the act of the registrar.	149292

To carry out this chapter, the registrar shall appoint such	149293
deputy registrars ~~in each county~~ as are necessary.	149294

The registrar also shall provide at each place where an	149295
application for a driver's or commercial driver's license or	149296
identification card may be made the necessary equipment to take a	149297
color photograph of the applicant for such license or card as	149298
required under section 4506.11 or 4507.06 of the Revised Code, and	149299
to conduct the vision screenings required by section 4507.12 of	149300
the Revised Code, and equipment to laminate licenses, motorized	149301
bicycle licenses, and identification cards as required by sections	149302
4507.13, 4507.52, and 4511.521 of the Revised Code.	149303

The registrar shall assign one or more deputy registrars to	149304
any driver's license examining station operated under the	149305
supervision of the director of public safety, whenever the	149306
registrar considers such assignment possible. Space shall be	149307
provided in the driver's license examining station for any such	149308
deputy registrar so assigned. The deputy registrars shall not	149309
exercise the powers conferred by such sections upon the registrar,	149310
unless they are specifically authorized to exercise such powers by	149311
such sections.	149312

(C) No agent for any insurance company, writing automobile	149313
insurance, shall be appointed deputy registrar, and any such	149314
appointment is void. No deputy registrar shall in any manner	149315
solicit any form of automobile insurance, nor in any manner	149316
advise, suggest, or influence any licensee or applicant for	149317
license for or against any kind or type of automobile insurance,	149318
insurance company, or agent, nor have the deputy registrar's	149319
office directly connected with the office of any automobile	149320
insurance agent, nor impart any information furnished by any	149321
applicant for a license or identification card to any person,	149322
except the registrar. This division shall not apply to any	149323
nonprofit corporation appointed deputy registrar.	149324

(D) The registrar shall immediately remove a deputy registrar	149325
who violates the requirements of this chapter.	149326

(E) The registrar shall periodically solicit bids and enter	149327
into a contract for the provision of laminating equipment and	149328
laminating materials to the registrar and all deputy registrars.	149329
The registrar shall not consider any bid that does not provide for	149330
the supplying of both laminating equipment and laminating	149331
materials. The laminating materials selected shall contain a	149332
security feature so that any tampering with the laminating	149333
material covering a license or identification card is readily	149334
apparent. In soliciting bids and entering into a contract for the	149335
provision of laminating equipment and laminating materials, the	149336
registrar shall observe all procedures required by law.	149337

Sec. 4507.06. (A)(1) Every application for a driver's	149338
license, motorcycle operator's license or endorsement, or	149339
motor-driven cycle or motor scooter license or endorsement, or	149340
duplicate of any such license or endorsement, shall be made upon	149341
the approved form furnished by the registrar of motor vehicles and	149342
shall be signed by the applicant.	149343

Every application shall state the following:

149344

(a) The applicant's name, date of birth, social security	149345
number if such has been assigned, sex, general description,	149346
including height, weight, color of hair, and eyes, residence	149347
address, including county of residence, duration of residence in	149348
this state, and country of citizenship;	149349

(b) Whether the applicant previously has been licensed as an	149350
operator, chauffeur, driver, commercial driver, or motorcycle	149351
operator and, if so, when, by what state, and whether such license	149352
is suspended or canceled at the present time and, if so, the date	149353
of and reason for the suspension or cancellation;	149354

(c) Whether the applicant is now or ever has been afflicted	149355
with epilepsy, or whether the applicant now is suffering from any	149356
physical or mental disability or disease and, if so, the nature	149357
and extent of the disability or disease, giving the names and	149358
addresses of physicians then or previously in attendance upon the	149359
applicant;	149360

(d) Whether an applicant for a duplicate driver's license,	149361
duplicate license containing a motorcycle operator endorsement, or	149362
duplicate license containing a motor-driven cycle or motor scooter	149363
endorsement has pending a citation for violation of any motor	149364
vehicle law or ordinance, a description of any such citation	149365
pending, and the date of the citation;	149366

(e) ~~Whether~~If an applicant has not certified the applicant's	149367
willingness to make an anatomical gift under section 2108.05 of	149368
the Revised Code, whether the applicant wishes to certify	149369
willingness to make such an anatomical gift ~~under section 2108.05~~	149370
~~of the Revised Code~~, which shall be given no consideration in the	149371
issuance of a license or endorsement;	149372

(f) Whether the applicant has executed a valid durable power	149373
of attorney for health care pursuant to sections 1337.11 to	149374
1337.17 of the Revised Code or has executed a declaration	149375
governing the use or continuation, or the withholding or	149376
withdrawal, of life-sustaining treatment pursuant to sections	149377
2133.01 to 2133.15 of the Revised Code and, if the applicant has	149378
executed either type of instrument, whether the applicant wishes	149379
the applicant's license to indicate that the applicant has	149380
executed the instrument;	149381

(g) On and after October 7, 2009, whether the applicant is a	149382
veteran, active duty, or reservist of the armed forces of the	149383
United States and, if the applicant is such, whether the applicant	149384
wishes the applicant's license to indicate that the applicant is a	149385
veteran, active duty, or reservist of the armed forces of the	149386
United States by a military designation on the license.	149387

(2) Every applicant for a driver's license shall be	149388
photographed in color at the time the application for the license	149389
is made. The application shall state any additional information	149390
that the registrar requires.	149391

(B) The registrar or a deputy registrar, in accordance with	149392
section 3503.11 of the Revised Code, shall register as an elector	149393
any person who applies for a license or endorsement under division	149394
(A) of this section, or for a renewal or duplicate of the license	149395
or endorsement, if the applicant is eligible and wishes to be	149396
registered as an elector. The decision of an applicant whether to	149397
register as an elector shall be given no consideration in the	149398
decision of whether to issue the applicant a license or	149399
endorsement, or a renewal or duplicate.	149400

(C) The registrar or a deputy registrar, in accordance with	149401
section 3503.11 of the Revised Code, shall offer the opportunity	149402
of completing a notice of change of residence or change of name to	149403
any applicant for a driver's license or endorsement under division	149404
(A) of this section, or for a renewal or duplicate of the license	149405
or endorsement, if the applicant is a registered elector who has	149406
changed the applicant's residence or name and has not filed such a	149407
notice.	149408

(D) In addition to any other information it contains, on and	149409
after October 7, 2009, the approved form furnished by the	149410
registrar of motor vehicles for an application for a license or	149411
endorsement or an application for a duplicate of any such license	149412
or endorsement shall inform applicants that the applicant must	149413
present a copy of the applicant's DD-214 or an equivalent document	149414
in order to qualify to have the license or duplicate indicate that	149415
the applicant is a veteran, active duty, or reservist of the armed	149416
forces of the United States based on a request made pursuant to	149417
division (A)(1)(g) of this section.	149418

Section 110.31. That the existing versions of sections	149419
4501.01, 4507.01, and 4507.06 of the Revised Code that are	149420
scheduled to take effect January 1, 2017, are hereby repealed.	149421

Section 110.32. Sections 110.30 and 110.31 of this act shall	149422
take effect January 1, 2017.	149423

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	149424
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	149425
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	149426
Code are hereby repealed, effective October 16, 2015.	149427

(B) Any money remaining in the Legislative Budget Services	149428
Fund on October 16, 2015, the date that section 5168.12 of the	149429
Revised Code is repealed by division (A) of this section, shall be	149430
used solely for the purposes stated in then former section 5168.12	149431
of the Revised Code. When all money in the Legislative Budget	149432
Services Fund has been spent after then former section 5168.12 of	149433
the Revised Code is repealed under division (A) of this section,	149434
the fund shall cease to exist.	149435

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	149436
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	149437
Code are hereby repealed, effective October 1, 2015.	149438

Section 125.11.03. Section 5124.67 of the Revised Code is	149439
hereby repealed, effective July 1, 2018.	149440

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	149441
153 of the 129th General Assembly is hereby repealed.	149442

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	149443
121st General Assembly, as most recently amended by Am. Sub. H.B.	149444
153 of the 129th General Assembly, is hereby repealed.	149445

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	149446
128th General Assembly, as most recently amended by Am. Sub. H.B.	149447
153 of the 129th General Assembly, is hereby repealed.	149448

Section 125.14. That Section 514.03 of Am. Sub. H.B. 66 of	149449
the 126th General Assembly is hereby repealed.	149450

Section 201.10. Except as otherwise provided in this act,	149451
all appropriation items in this act are appropriated out of any	149452
moneys in the state treasury to the credit of the designated fund	149453
that are not otherwise appropriated. For all appropriations made	149454
in this act, the amounts in the first column are for fiscal year	149455
2014 and the amounts in the second column are for fiscal year	149456
2015.	149457

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

149458

General Services Fund Group	149459

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	149460
4K90	889609	Operating Expenses	$	977,500	$	977,500	149461
TOTAL GSF General Services Fund							149462
Group			$	1,302,500	$	1,302,500	149463
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	149464

Section 205.10. ADJ ADJUTANT GENERAL

149466

General Revenue Fund	149467

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	149468
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	149469
GRF	745407	National Guard Benefits	$	400,000	$	400,000	149470
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	149471
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	149472
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	149473

General Services Fund Group	149474

5340	745612	Property Operations Management	$	534,304	$	534,304	149475
5360	745605	Marksmanship Activities	$	128,600	$	128,600	149476
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	149477
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	149478
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	149479

Federal Special Revenue Fund Group	149480

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	149481
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	149482
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	149483
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	149484
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	149485

State Special Revenue Fund Group	149486

5U80	745613		Community Match Armories		$	350,000		$	350,000		149487
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		149488

TOTAL ALL BUDGET FUND GROUPS

45,495,633

149489

NATIONAL GUARD BENEFITS

149490

The foregoing appropriation item 745407, National Guard	149491
Benefits, shall be used for purposes of sections 5919.31 and	149492
5919.33 of the Revised Code, and for administrative costs of the	149493
associated programs.	149494

If necessary, in order to pay benefits in a timely manner	149495
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	149496
Adjutant General may request the Director of Budget and Management	149497
transfer appropriation from any appropriation item used by the	149498
Adjutant General to appropriation item 745407, National Guard	149499
Benefits. The Adjutant General may subsequently seek Controlling	149500
Board approval to restore the appropriation in the appropriation	149501
item from which such a transfer was made.	149502

For active duty members of the Ohio National Guard who died	149503
after October 7, 2001, while performing active duty, the death	149504
benefit, pursuant to section 5919.33 of the Revised Code, shall be	149505
paid to the beneficiary or beneficiaries designated on the	149506
member's Servicemembers' Group Life Insurance Policy.	149507

STATE ACTIVE DUTY COSTS

149508

Of the foregoing appropriation item 745409, Central	149509
Administration, $50,000 in each fiscal year shall be used for the	149510
purpose of paying expenses related to state active duty of members	149511
of the Ohio organized militia, in accordance with a proclamation	149512
of the Governor. Expenses include, but are not limited to, the	149513
cost of equipment, supplies, and services, as determined by the	149514
Adjutant General's Department.	149515

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

149516

General Revenue Fund	149517

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	149518
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	149519
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	149520
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	149521
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	149522
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	149523
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	149524
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	149525
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	149526
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	149527
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	149528
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	149529
TOTAL GRF General Revenue Fund			$	158,052,951	$	163,247,551	149530

General Services Fund Group	149531

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	149532
1150	100632	Central Service Agency	$	911,580	$	927,699	149533
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	149534
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	149535
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	149536
1250	100657	Benefits Communication	$	712,316	$	712,316	149537
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	149538
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	149539
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	149540
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	149541
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	149542
2100	100612	State Printing	$	20,459,526	$	20,459,526	149543
2290	100630	IT Governance	$	16,446,474	$	16,446,474	149544
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	149545
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	149546
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	149547
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	149548
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	149549
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	149550
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	149551
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	149552
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	149553
5KZ0	100659	Building Improvement	$	500,000	$	500,000	149554
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	149555
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	149556
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	149557
5V60	100619	Employee Educational Development	$	800,000	$	800,000	149558
TOTAL GSF General Services Fund							149559
Group			$	333,614,857	$	320,854,742	149560

Federal Special Revenue Fund Group	149561

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	149562
TOTAL FED Federal Special Revenue							149563
Fund Group			$	1,723,009	$	1,723,009	149564

State Special Revenue Fund Group	149565

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	149566
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	149567
5NM0	100663	911 Program	$	290,000	$	290,000	149568
TOTAL SSR State Special Revenue							149569
Fund Group			$	3,399,257	$	1,360,891	149570
TOTAL ALL BUDGET FUND GROUPS			$	496,790,074	$	487,186,193	149571

Section 207.20. OAKS LEASE RENTAL PAYMENTS

149573

The foregoing appropriation item 100415, OAKS Lease Rental	149574
Payments, shall be used for payments at the times they are	149575
required to be made for the period from July 1, 2013, through June	149576
30, 2015, pursuant to leases and agreements entered into under	149577
Chapter 125. of the Revised Code, as supplemented by Section	149578
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	149579
other prior acts of the General Assembly, with respect to	149580
financing the costs associated with the acquisition, development,	149581
installation, and implementation of the Ohio Administrative	149582
Knowledge System. If it is determined that additional	149583
appropriations are necessary for this purpose, the amounts are	149584
hereby appropriated.	149585

Section 207.30. STARS LEASE RENTAL PAYMENTS

149586

The foregoing appropriation item 100416, STARS Lease Rental	149587
Payments, shall be used for payments at the times they are	149588
required to be made for the period from July 1, 2013, through June	149589
30, 2015, pursuant to leases and agreements entered into under	149590
Chapter 125. of the Revised Code, as supplemented by Section	149591
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	149592
other prior acts of the General Assembly, with respect to	149593
financing the cost for the acquisition, development, installation,	149594
and implementation of the State Taxation Accounting and Revenue	149595
System (STARS). If it is determined that additional appropriations	149596
are necessary for this purpose, the amounts are appropriated.	149597

The State Taxation Accounting and Revenue System (STARS) is	149598
an integrated tax collection and audit system that will replace	149599
all of the state's existing separate tax software and	149600
administration systems for the various taxes collected by the	149601
state. The Department of Administrative Services, in conjunction	149602
with the Department of Taxation, may acquire STARS, including, but	149603
not limited to, the application hardware and software and	149604
installation and implementation thereof, for the use of the	149605
Department of Taxation. Any lease-purchase agreement used under	149606
Chapter 125. of the Revised Code to acquire STARS, including any	149607
fractionalized interests as defined in division (N) of section	149608
133.01 of the Revised Code in the lease payments under that	149609
agreement, shall provide at the end of the lease period that the	149610
financed asset becomes the property of the state. The principal	149611
amount of any new such financing is limited, excluding the	149612
principal amounts of any lease-purchase financing heretofore	149613
completed for STARS, to the amount of $20,000,000.	149614

Section 207.40. MARCS LEASE RENTAL PAYMENTS

149615

The foregoing appropriation item 100414, MARCS Lease Rental	149616
Payments, shall be used for payments at the times they are	149617
required to be made for the period from July 1, 2013, through June	149618
30, 2015, pursuant to leases and agreements entered into under	149619
Chapter 125. of the Revised Code, as supplemented by Section	149620
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	149621
respect to financing the cost for the acquisition, development,	149622
installation, and implementation of the Multi-Agency Radio	149623
Communication System (MARCS) upgrade. If it is determined that	149624
additional appropriations are necessary for this purpose, the	149625
amounts are hereby appropriated.	149626

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	149627
UPGRADE	149628

The Multi-Agency Radio Communications System (MARCS) is a	149629
statewide computer and communications network designed to provide	149630
instant voice and data communication and supply a communications	149631
backbone to public safety and emergency management. The Department	149632
of Administrative Services may update or add functionality to	149633
MARCS to upgrade the existing system to a 700/800 megahertz voice	149634
and data system specifically designed to support interoperable	149635
communications for public safety law enforcement and first	149636
responders. The improvements may include, but are not limited to,	149637
hardware and software and the installation and implementation	149638
thereof. Any lease-purchase agreement utilized under Chapter 125.	149639
of the Revised Code to acquire MARCS and the enhancements	149640
described above, including any fractionalized interest as defined	149641
in division (N) of section 133.01 of the Revised Code in the lease	149642
payments under that agreement, shall provide at the end of the	149643
lease period that the financed asset becomes the property of the	149644
state. The principal amount of any new such financing is limited,	149645
in addition to the principal amounts of lease-purchase financing	149646
heretofore completed for MARCS, to the amount of $27,000,000.	149647

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

149648

The foregoing appropriation item 100447, Administrative	149649
Building Lease Rental Payments, shall be used to meet all payments	149650
at the times they are required to be made during the period from	149651
July 1, 2013, through June 30, 2015, by the Department of	149652
Administrative Services pursuant to leases and agreements under	149653
Chapters 152. and 154. of the Revised Code. These appropriations	149654
are the source of funds pledged for bond service charges on	149655
related obligations issued under Chapters 152. and 154. of the	149656
Revised Code.	149657

The foregoing appropriation item 100448, Office Building	149658
Operating Payments, shall be used to pay the expenses of vacant	149659
space, space undergoing renovation, agencies funded by the General	149660
Revenue Fund, and the rent expenses of tenants that have been	149661
relocated because of building renovations that occupy space in the	149662
James A. Rhodes State Office Tower, the Vern Riffe Center for	149663
Government and the Arts, the Frank J. Lausche State Office	149664
Building, the Michael V. DiSalle Government Center, and the Oliver	149665
R. Ocasek Government Office Building.	149666

At least once per year, the portion of appropriation item	149667
100448, Office Building Operating Payments, that is not used for	149668
expenses of agencies funded by the General Revenue Fund, vacant	149669
space, space undergoing renovation, and the rent expenses of	149670
tenants that are relocated because of building renovations shall	149671
be processed by the Department of Administrative Services through	149672
intrastate voucher and placed in the Building Improvements Fund	149673
(Fund 5KZ0).	149674

Section 207.70. DAS - BUILDING OPERATING PAYMENTS AND	149675
BUILDING MANAGEMENT FUND	149676

The foregoing appropriation item 100449, DAS - Building	149677
Operating Payments, shall be used to pay the rent expenses of	149678
veterans organizations pursuant to section 123.024 of the Revised	149679
Code in fiscal years 2014 and 2015.	149680

The foregoing appropriation item, 100449, DAS - Building	149681
Operating Payments, also may be used to provide funding for the	149682
cost of property appraisals or building studies that the	149683
Department of Administrative Services may be required to obtain	149684
for property that is being sold by the state or property under	149685
consideration to be renovated or purchased by the state.	149686

Notwithstanding section 125.28 of the Revised Code, the	149687
remaining portion of the appropriation may be used to pay the	149688
operating expenses of state facilities maintained by the	149689
Department of Administrative Services that are not billed to	149690
building tenants, or other costs associated with the Voinovich	149691
Center in Youngstown, Ohio. These expenses may include, but are	149692
not limited to, the costs for vacant space and space undergoing	149693
renovation, and the rent expenses of tenants that are relocated	149694
because of building renovations. These payments may be processed	149695
by the Department of Administrative Services through intrastate	149696
transfer vouchers and placed in the Building Management Fund (Fund	149697
1320) or the Information Technology Services Fund (Fund 1330).	149698

Notwithstanding section 125.28 of the Revised Code, the	149699
Department of Administrative Services may forego some or all of	149700
the amounts attributable to debt service included in	149701
reimbursements made by tenants who are supported in whole or in	149702
part by non-GRF money for the costs of occupying space at the	149703
North High Street Complex in Columbus.	149704

The Director of Budget and Management shall transfer the	149705
portion of payments attributed to depreciation from Fund 1320 to	149706
the General Revenue Fund, as applicable.	149707

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	149708
HUMAN RESOURCES SERVICES FUND	149709

Upon request of the Director of Administrative Services,	149710
during the FY 2014 - FY 2015 biennium, the Director of Budget and	149711
Management shall transfer up to $975,000 from the Workforce	149712
Development Fund (Fund 5D70) to the Human Resources Services Fund	149713
(Fund 1250) to support one-time human resources administration	149714
activities for state agencies.	149715

Section 207.80. CENTRAL SERVICE AGENCY FUND

149716

Appropriation item 100632, Central Service Agency, shall be	149717
used to purchase the equipment, products, and services that are	149718
needed to maintain existing automated applications for the	149719
professional licensing boards and the Casino Control Commission to	149720
support board licensing functions in fiscal years 2014 and 2015	149721
until these functions are replaced by the Ohio Professionals	149722
Licensing System. The Department of Administrative Services shall	149723
establish charges for recovering the costs of carrying out these	149724
functions. The charges shall be billed to the professional	149725
licensing boards and the Casino Control Commission, and deposited	149726
via intrastate transfer vouchers to the credit of the Central	149727
Service Agency Fund (Fund 1150).	149728

Upon implementation of the replacement Ohio Professionals	149729
Licensing System and the decommissioning of the existing automated	149730
applications, the Director of Budget and Management may transfer	149731
any cash balances that remain in the Central Service Agency Fund	149732
(Fund 1150) and that are attributable to the operation of the	149733
existing automated applications to the Professions Licensing	149734
System Fund (Fund 5JQ0).	149735

Section 207.90. GENERAL SERVICE CHARGES

149736

The Department of Administrative Services, with the approval	149737
of the Director of Budget and Management, shall establish charges	149738
for recovering the costs of administering the programs funded by	149739
the General Services Fund (Fund 1170) and the State Printing Fund	149740
(Fund 2100). Such charges within Fund 1170 may be used to recover	149741
the cost of paying a vendor to establish reduced pricing for	149742
contracted supplies or services.	149743

If the Director of Administrative Services determines that	149744
additional amounts are necessary to pay for consulting and	149745
administrative costs related to securing lower pricing, the	149746
Director of Administrative Services may request that the Director	149747
of Budget and Management approve additional expenditures. Such	149748
approved additional amounts are appropriated to appropriation item	149749
100644, General Services Division-Operating.	149750

Section 207.93. CASH TRANSFER TO THE INVESTMENT RECOVERY FUND

149751

Notwithstanding division (B) of section 125.14 of the Revised	149752
Code, the Director of Budget and Management, at the request of the	149753
Director of Administrative Services, shall transfer up to $200,000	149754
of cash in excess of needs from the General Services Fund (Fund	149755
1170) to the Investment Recovery Fund (Fund 4270) during the	149756
biennium beginning July 1, 2013, and ending June 30, 2015, to pay	149757
the operating expenses of the State Surplus, Federal Surplus, and	149758
Asset Management Programs, including expenses to develop database	149759
systems for use in these programs.	149760

Section 207.95. TRANSFER OF THE EMPLOYEE ASSISTANCE PROGRAM	149761
TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES	149762

Effective July 1, 2013, the Employee Assistance Program under	149763
section 3701.041 of the Revised Code shall be transferred to the	149764
Ohio Department of Administrative Services. The Department of	149765
Administrative Services is thereupon and thereafter successor to,	149766
assumes the operations, functions, powers, and obligations of, and	149767
otherwise constitutes the continuation of the Employee Assistance	149768
Program as provided in section 3701.041 (124.88) of the Revised	149769
Code. All related functions, equipment, assets, and liabilities,	149770
regardless of form or medium, agreements, and contracts of the	149771
program are transferred to the Department of Administrative	149772
Services.	149773

Employees of the Employee Assistance Program shall be	149774
transferred to the Department of Administrative Services in their	149775
same classification, and shall retain the rights specified in	149776
sections 124.321 to 124.328 of the Revised Code.	149777

On and after the effective date of this section,	149778
notwithstanding any provision of the law to the contrary, if	149779
requested by the Director of Administrative Services, the Director	149780
of Budget and Management shall make the budget changes made	149781
necessary by the transfer, if any, including administrative	149782
reorganization or program transfers.	149783

Effective July 1, 2013, the Director of Budget and Management	149784
shall cancel any existing encumbrances against appropriation item	149785
440633, Employee Assistance Program, and reestablish them against	149786
appropriation item 100622, Human Resources Division - Operating.	149787
The reestablished encumbrance amounts are hereby appropriated. Any	149788
business commenced but not completed under appropriation item	149789
440633, Employee Assistance Program, by July 1, 2013, shall be	149790
completed under appropriation item 100622, Human Resources	149791
Division - Operating, in the same manner, and with the same	149792
effect, as if completed with regard to appropriation item 440633,	149793
Employee Assistance Program. All of the rules, policies, orders,	149794
and determinations associated with the program continue in effect	149795
as rules, orders, and determinations associated with the	149796
Department of Administrative Services until modified or rescinded	149797
by the Director of Administrative Services. If necessary to ensure	149798
the integrity of the Administrative Code rule numbering system,	149799
the Director of the Legislative Service Commission shall renumber	149800
the rules relating to the Employee Assistance Program to reflect	149801
their transfer to the Department of Administrative Services. No	149802
validation, cure, right, privilege, remedy, obligation, or	149803
liability is lost or impaired by reason of the transfer and shall	149804
be administered with regard to appropriation item 100622, Human	149805
Resources Division - Operating. On and after July 1, 2013, if the	149806
Employee Assistance Program is referred to in any statute, rule,	149807
contract, grant, or other document, the reference is deemed to	149808
refer to the Department of Administrative Services.	149809

Funds collected by the Department of Health for the Employee	149810
Assistance Program, which previously were deposited in the	149811
Employee Assistance Fund (Fund 6830), shall be credited to the	149812
Human Resources Services Fund (Fund 1250) created in section	149813
124.07 of the Revised Code. The Director of Budget and Management	149814
shall transfer from the Employee Assistance Fund to the Human	149815
Resources Services Fund any remaining cash balances in the	149816
Employee Assistance Fund. In order to facilitate this transfer,	149817
the Director of Health, on July 1, 2013, or as soon as possible	149818
thereafter, shall certify to the Director of Budget and Management	149819
an estimate of the amount to be transferred. Upon the completion	149820
of this transfer, the Employee Assistance Fund is abolished.	149821

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

149822

With approval of the Director of Budget and Management, the	149823
Department of Administrative Services may seek reimbursement from	149824
state agencies for the actual costs and expenses the Department	149825
incurs in the collective bargaining arbitration process. The	149826
reimbursements shall be processed through intrastate transfer	149827
vouchers and credited to the Collective Bargaining Fund (Fund	149828
1280).	149829

Section 207.110. EQUAL OPPORTUNITY PROGRAM

149830

The Department of Administrative Services, with the approval	149831
of the Director of Budget and Management, shall establish charges	149832
for recovering the costs of administering the activities supported	149833
by the State EEO Fund (Fund 1880). These charges shall be	149834
deposited to the credit of the State EEO Fund (Fund 1880) upon	149835
payment made by state agencies, state-supported or state-assisted	149836
institutions of higher education, and tax-supported agencies,	149837
municipal corporations, and other political subdivisions of the	149838
state, for services rendered.	149839

Section 207.111. STATE PRINTING FUND

149840

On July 1, 2013, or as soon as possible thereafter, the	149841
Director of Budget and Management shall transfer $30,109.39 in	149842
cash from the General Revenue Fund to the State Printing Fund	149843
(Fund 2100) to correct fiscal year 2012 disbursements that were	149844
made from Fund 2100 but that should have been made from the	149845
General Revenue Fund.	149846

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

149847

The foregoing appropriation item 100640, Leveraged Enterprise	149848
Purchases, shall be used by the Department of Administrative	149849
Services to make information technology purchases for the benefit	149850
of one or more government entities as authorized under division	149851
(G) of section 125.18 of the Revised Code. If the Director of	149852
Administrative Services determines that additional amounts are	149853
necessary to pay for pass-through information technology purchases	149854
that will be billed to one or more state agencies, the Director of	149855
Administrative Services shall seek Controlling Board approval for	149856
an increase in appropriation to make the requested purchases.	149857

Section 207.120. INVESTMENT RECOVERY FUND

149858

Notwithstanding division (B) of section 125.14 of the Revised	149859
Code, cash balances in the Investment Recovery Fund (Fund 4270)	149860
may be used to support the operating expenses of the Federal	149861
Surplus Operating Program created in sections 125.84 to 125.90 of	149862
the Revised Code.	149863

The Director of Administrative Services shall use the	149864
foregoing appropriation item 100602, Investment Recovery, to pay	149865
the operating expenses of the State Surplus Property Program and	149866
the Surplus Federal Property Program, under Chapter 125. of the	149867
Revised Code and this section. If additional appropriations are	149868
necessary for the operations of these programs, the Director of	149869
Administrative Services shall seek increased appropriations from	149870
the Controlling Board under section 131.35 of the Revised Code.	149871

The Director of Administrative Services shall transfer	149872
proceeds from the sale of surplus property from the Investment	149873
Recovery Fund to non-General Revenue Funds under division (A)(2)	149874
of section 125.14 of the Revised Code.	149875

Section 207.130. MAJOR IT PURCHASES CHARGES

149876

The Department of Administrative Services may bill agencies	149877
for actual expenditures made for major IT purchases if those	149878
expenditures are not recovered as part of the information	149879
technology services rates the Department charges and deposits into	149880
the Information Technology Fund (Fund 1330) created in section	149881
125.15 of the Revised Code. These charges shall be deposited to	149882
the credit of the Major IT Purchases Fund (Fund 4N60).	149883

Section 207.140. DAS INFORMATION SERVICES

149884

There is hereby established in the State Treasury the DAS	149885
Information Services Fund. The foregoing appropriation item	149886
100603, DAS Information Services, shall be used to pay the costs	149887
of providing information systems and services in the Department of	149888
Administrative Services. Any state agency, board, or commission	149889
may use DAS Information Services by paying for the services	149890
rendered.	149891

The Department of Administrative Services shall establish	149892
user charges for all information systems and services that are	149893
allowable in the statewide indirect cost allocation plan submitted	149894
annually to the United States Department of Health and Human	149895
Services. These charges shall comply with federal regulations and	149896
shall be deposited to the credit of the DAS Information Services	149897
Fund (Fund 4P30).	149898

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	149899
FUND TO GRF	149900

Upon the request of the Director of Administrative Services,	149901
the Director of Budget and Management may transfer unobligated	149902
cash in the MARCS Administration Fund (Fund 5C20) to the General	149903
Revenue Fund to reimburse the General Revenue Fund for lease	149904
rental payments made on behalf of the MARCS upgrade.	149905

Section 207.160. PROFESSIONS LICENSING SYSTEM

149906

There is hereby created in the state treasury the Professions	149907
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	149908
Professionals Licensing System, shall be used to make payments	149909
from the fund. The fund shall be used to purchase the equipment,	149910
products, and services necessary to develop and maintain a	149911
replacement automated licensing system for the professional	149912
licensing boards. The Director of Budget and Management may	149913
transfer up to a total of $990,000 in cash from the Occupational	149914
Licensing and Regulatory Fund (4K90), the State Medical Board	149915
Operating Fund (Fund 5C60), and the Casino Control Commission –	149916
Operating Fund (Fund 5HS0) to the Professions Licensing System	149917
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	149918
be in proportion to the number of current licensees issued by the	149919
professional licensing boards and current and anticipated licenses	149920
in the case of the Casino Control Commission. The purpose of these	149921
cash transfers is to fund the initial acquisition and development	149922
of the system. Any cash balances not expended in fiscal year 2014	149923
are hereby reappropriated in fiscal year 2015.	149924

Effective with the implementation of the replacement	149925
licensing system, the Department of Administrative Services shall	149926
establish charges for recovering the costs of ongoing maintenance	149927
of the system. The charges shall be billed to the professional	149928
licensing boards and the Casino Control Commission, and deposited	149929
via intrastate transfer vouchers to the credit of the Professions	149930
Licensing System Fund.	149931

Section 207.170. BUILDING IMPROVEMENT FUND

149932

The foregoing appropriation item 100659, Building	149933
Improvement, shall be used to make payments from the Building	149934
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	149935
required in the James A. Rhodes State Office Tower, the Vern Riffe	149936
Center for Government and the Arts, the Frank J. Lausche State	149937
Office Building, the Michael V. DiSalle Government Center, and the	149938
Oliver R. Ocasek Government Office. The Department of	149939
Administrative Services shall conduct or contract for regular	149940
assessments of these buildings and shall maintain a cash balance	149941
in the Building Improvement Fund equal to the cost of the repairs	149942
and improvements that are recommended to occur within the next	149943
five years, with the following exception described below.	149944

Upon request of the Director of Administrative Services, the	149945
Director of Budget and Management may permit a cash transfer from	149946
the Building Improvement Fund (Fund 5KZ0) to the Building	149947
Operating Fund (Fund 5LA0) to pay costs of operating and	149948
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	149949
Center for Government and the Arts, the Frank J. Lausche State	149950
Office Building, the Michael V. DiSalle Government Center, and the	149951
Oliver R. Ocasek Government Office that are not charged to tenants	149952
during the same fiscal year.	149953

Should the cash balance in the Building Operating Fund (Fund	149954
5LA0) be determined to be sufficient, the Director of	149955
Administrative Services may request that the Director of Budget	149956
and Management transfer cash from the Building Operating Fund	149957
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	149958
amount equal to the initial cash transfer made under this section	149959
plus applicable interest.	149960

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

149961

The foregoing appropriation item 100610, Professional	149962
Development, shall be used to make payments from the Professional	149963
Development Fund (Fund 5L70) under section 124.182 of the Revised	149964
Code. If it is determined by the Director of Administrative	149965
Services that additional amounts are necessary, the Director of	149966
Administrative Services may request that the Director of Budget	149967
and Management approve additional amounts. Such approved	149968
additional amounts are hereby appropriated.	149969

Section 207.190. BUILDING OPERATING FUND

149970

The foregoing appropriation item 100660, Building Operation,	149971
shall be used to make payments from the Building Operating Fund	149972
(Fund 5LA0) to pay costs of operating and maintaining the James A.	149973
Rhodes State Office Tower, the Vern Riffe Center for Government	149974
and the Arts, the Frank J. Lausche State Office Building, the	149975
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	149976
Government Office.	149977

The Department of Administrative Services, with the approval	149978
of the Director of Budget and Management, shall establish charges	149979
to be reimbursed for the cost of operating these buildings. These	149980
charges shall include the cost of applicable depreciation on the	149981
buildings and the resulting revenue shall be deposited in the	149982
Building Operating Fund (Fund 5LA0). The Director of Budget and	149983
Management shall transfer the portion of these charges attributed	149984
to depreciation from the Building Operating Fund (Fund 5LA0) to	149985
the Building Improvement Fund (Fund 5KZ0) or to the General	149986
Revenue Fund, as applicable.	149987

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

149988

The foregoing appropriation item 100661, IT Development,	149989
shall be used by the Department of Administrative Services to pay	149990
the costs of modernizing the state's information technology	149991
management and investment practices away from a limited,	149992
agency-specific focus in favor of a statewide methodology	149993
supporting development of enterprise solutions.	149994

The Department of Administrative Services, with the approval	149995
of the Director of Budget and Management, may charge state	149996
agencies an information technology development assessment based on	149997
state agencies' information technology expenditures or other	149998
methodology. The revenue from this assessment shall be deposited	149999
in the Information Technology Development Fund (Fund 5LJ0), which	150000
is hereby created.	150001

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

150002

The foregoing appropriation item 100619, Employee Educational	150003
Development, shall be used to make payments from the Employee	150004
Educational Development Fund (Fund 5V60) under section 124.86 of	150005
the Revised Code. The fund shall be used to pay the costs of	150006
administering educational programs under existing collective	150007
bargaining agreements with District 1199, the Health Care and	150008
Social Service Union; State Council of Professional Educators;	150009
Ohio Education Association and National Education Association; the	150010
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	150011
State Troopers Association, Units 1 and 15.	150012

If it is determined by the Director of Administrative	150013
Services that additional amounts are necessary, the Director of	150014
Administrative Services may request that the Director of Budget	150015
and Management approve additional amounts. Such approved	150016
additional amounts are hereby appropriated.	150017

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	150018
FUND	150019

Upon request of the Director of Administrative Services, the	150020
Director of Budget and Management may transfer up to $4,000,000	150021
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	150022
IT Purchases Fund (Fund 4N60). This amount represents cash	150023
transferred from Fund 4N60 during fiscal year 2010 pursuant to	150024
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	150025
Assembly. Any portion of appropriation item 100617, Major IT	150026
Purchases, that is unencumbered and unexpended at the end of	150027
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	150028

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	150029
SERVICE PAYMENTS	150030

The Director of Administrative Services, in consultation with	150031
the Multi-Agency Radio Communication System (MARCS) Steering	150032
Committee and the Director of Budget and Management, shall	150033
determine the share of debt service payments attributable to	150034
spending for MARCS components that are not specific to any one	150035
agency and that shall be charged to agencies supported by the	150036
motor fuel tax. Such share of debt service payments shall be	150037
calculated for MARCS capital disbursements made beginning July 1,	150038
1997. Within thirty days of any payment made from appropriation	150039
item 100447, Administrative Building Lease Payments, the Director	150040
of Administrative Services shall certify to the Director of Budget	150041
and Management the amount of this share. The Director of Budget	150042
and Management shall transfer such amounts to the General Revenue	150043
Fund from the State Highway Safety Fund (Fund 7036) established in	150044
section 4501.06 of the Revised Code.	150045

The Director of Administrative Services shall consider	150046
renting or leasing existing tower sites at reasonable or current	150047
market rates, so long as these existing sites are equipped with	150048
the technical capabilities to support the MARCS project.	150049

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

150050

The Director of Administrative Services shall determine and	150051
implement strategies that benefit the enterprise by improving	150052
efficiency, reducing costs or enhancing capacity of information	150053
technology (IT) services. Such improvements and efficiencies may	150054
result in the consolidation and transfer of such services. As	150055
determined to be necessary for successful implementation of this	150056
section and notwithstanding any provision of law to the contrary,	150057
the Director of Administrative Services may request the Director	150058
of Budget and Management to consolidate or transfer IT-specific	150059
budget authority between agencies as necessary to implement	150060
enterprise IT cost containment strategies and related	150061
efficiencies. Once the Director of Budget and Management is	150062
satisfied that the proposed initiative is cost advantageous to the	150063
enterprise, the Director of Budget and Management may transfer	150064
appropriations, funds and cash as needed to implement the proposed	150065
initiative. The establishment of any new fund or total increased	150066
appropriation as a result of this section will be subject to	150067
approval by the Controlling Board.	150068

The Director of Budget and Management and the Director of	150069
Administrative Services may transfer any employees, assets, and	150070
liabilities, including, but not limited to, records, contracts,	150071
and agreements in order to facilitate the improvements determined	150072
in accordance with this section.	150073

Section 207.250. 911 PROGRAM

150074

The foregoing appropriation item 100663, 911 Program, shall	150075
be used by the Department of Administrative Services to pay the	150076
administrative costs of the Statewide Emergency Services Internet	150077
Protocol Network Steering Committee.	150078

Section 209.10. AGE DEPARTMENT OF AGING

150079

General Revenue Fund	150080

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	150081
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	150082
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	150083
GRF	490414	Alzheimer's Respite	$	1,995,245	$	1,995,245	150084
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	150085
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	150086
TOTAL GRF General Revenue Fund			$	14,647,425	$	14,647,425	150087

General Services Fund Group	150088

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	150089
TOTAL GSF General Services Fund							150090
Group			$	372,523	$	372,523	150091

Federal Special Revenue Fund Group	150092

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	150093
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	150094
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	150095
TOTAL FED Federal Special Revenue							150096
Fund Group			$	74,040,137	$	74,040,137	150097

State Special Revenue Fund Group	150098

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	150099
5BA0	490620	Ombudsman Support	$	550,000	$	550,000	150100
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	150101
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	150102
TOTAL SSR State Special Revenue							150103
Fund Group			$	2,889,100	$	2,889,100	150104
TOTAL ALL BUDGET FUND GROUPS			$	91,949,185	$	91,949,185	150105

Section 209.20. LONG-TERM CARE

150107

Pursuant to an interagency agreement, the Department of	150108
Medicaid may designate the Department of Aging to perform	150109
assessments under section 5165.04 of the Revised Code. The	150110
Department of Aging shall provide long-term care consultations	150111
under section 173.42 of the Revised Code to assist individuals in	150112
planning for their long-term health care needs.	150113

The Department of Aging shall administer the Medicaid	150114
waiver-funded PASSPORT Home Care Program, the Choices Program, the	150115
Assisted Living Program, and PACE as delegated by the Department	150116
of Medicaid in an interagency agreement. The foregoing	150117
appropriation items 656423, Long-Term Care Program Support -	150118
State, and 656623, Long-Term Care Program Support - Federal, may	150119
be used to support the Department of Aging's administrative costs	150120
associated with operating the PASSPORT, Choices, Assisted Living,	150121
and PACE programs.	150122

PERFORMANCE-BASED REIMBURSEMENT

150123

The Department of Aging may design and utilize a payment	150124
method for PASSPORT administrative agency operations that includes	150125
a pay-for-performance incentive component that is earned by a	150126
PASSPORT administrative agency when defined consumer and policy	150127
outcomes are achieved.	150128

Section 209.30. LONG-TERM CARE OMBUDSMAN

150129

The foregoing appropriation item 490410, Long-Term Care	150130
Ombudsman, shall be used to fund ombudsman program activities as	150131
authorized in sections 173.14 to 173.27 and section 173.99 of the	150132
Revised Code.	150133

The State Ombudsman may explore the design of a payment	150134
method for the Ombudsman Program that includes a	150135
pay-for-performance incentive component that is earned by	150136
designated regional long-term care ombudsman programs.	150137

SENIOR COMMUNITY SERVICES

150138

The foregoing appropriation item 490411, Senior Community	150139
Services, shall be used for services designated by the Department	150140
of Aging, including, but not limited to, home-delivered and	150141
congregate meals, transportation services, personal care services,	150142
respite services, adult day services, home repair, care	150143
coordination, prevention and disease self-management, and decision	150144
support systems. Service priority shall be given to low income,	150145
frail, and cognitively impaired persons 60 years of age and over.	150146
The department shall promote cost sharing by service recipients	150147
for those services funded with senior community services funds,	150148
including, when possible, sliding-fee scale payment systems based	150149
on the income of service recipients.	150150

ALZHEIMER'S RESPITE

150151

The foregoing appropriation item 490414, Alzheimer's Respite,	150152
shall be used to fund only Alzheimer's disease services under	150153
section 173.04 of the Revised Code.	150154

NATIONAL SENIOR SERVICE CORPS

150155

The foregoing appropriation item 490506, National Senior	150156
Service Corps, shall be used by the Department of Aging to fund	150157
grants for three Corporation for National and Community	150158
Service/Senior Corps programs: the Foster Grandparents Program,	150159
the Senior Companion Program, and the Retired Senior Volunteer	150160
Program. A recipient of these grant funds shall use the funds to	150161
support priorities established by the Department and the Ohio	150162
State Office of the Corporation for National and Community	150163
Service. The expenditure of these funds by any grant recipient	150164
shall be in accordance with Senior Corps policies and procedures,	150165
as stated in the Domestic Volunteer Service Act of 1973, as	150166
amended. Neither the Department nor any area agencies on aging	150167
that are involved in the distribution of these funds to	150168
lower-tiered grant recipients may use any portion of these funds	150169
to cover administrative costs.	150170

SENIOR COMMUNITY OUTREACH AND EDUCATION

150171

The foregoing appropriation item 490606, Senior Community	150172
Outreach and Education, may be used to provide training to workers	150173
in the field of aging pursuant to division (G) of section 173.02	150174
of the Revised Code.	150175

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	150176
AND FEDERAL AGING GRANTS	150177

At the request of the Director of Aging, the Director of	150178
Budget and Management may transfer appropriation between	150179
appropriation items 490612, Federal Independence Services, and	150180
490618, Federal Aging Grants. The amounts transferred shall not	150181
exceed 30 per cent of the appropriation from which the transfer is	150182
made. Any transfers shall be reported by the Department of Aging	150183
to the Controlling Board at the next scheduled meeting of the	150184
board.	150185

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

150186

The foregoing appropriation item 490609, Regional Long-Term	150187
Care Ombudsman Program, shall be used to pay the costs of	150188
operating the regional long-term care ombudsman programs	150189
designated by the State Long-Term Care Ombudsman.	150190

TRANSFER OF RESIDENT PROTECTION FUNDS

150191

In each fiscal year, the Director of Budget and Management	150192
may transfer up to $550,000 cash from the Resident Protection Fund	150193
(Fund 4E30), which is used by the Department of Medicaid, to the	150194
Ombudsman Support Fund (Fund 5BA0), which is used by the	150195
Department of Aging.	150196

LONG-TERM CARE CONSUMERS GUIDE

150197

The foregoing appropriation item 490613, Long-Term Care	150198
Consumers Guide, shall be used to conduct annual consumer	150199
satisfaction surveys and to pay for other administrative expenses	150200
related to the publication of the Ohio Long-Term Care Consumer	150201
Guide.	150202

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	150203
STRUCTURE	150204

Upon request from the Director of Aging, the Director of	150205
Budget and Management may establish new funds, new appropriation	150206
items, and appropriations in order to support the transition to a	150207
new appropriation item structure in the Department of Aging's	150208
budget. Also, upon request of the Director of Aging, the Director	150209
of Budget and Management may transfer appropriations between GRF	150210
appropriation items, transfer cash between any funds used by the	150211
Department of Aging, abolish existing funds used by the Department	150212
of Aging, and cancel and reestablish encumbrances. Any	150213
establishment of new funds or appropriation items, any transfers	150214
of appropriations or cash, and any increases in appropriation	150215
under this section are subject to Controlling Board approval.	150216

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

150217

As used in this section, "authorizing statute" means a	150218
Revised Code section or provision of a Revised Code section that	150219
is cited in the Ohio Administrative Code as the statute that	150220
authorizes the adoption of a rule.	150221

The Director of Aging is not required to amend any rule for	150222
the sole purpose of updating the citation in the Ohio	150223
Administrative Code to the rule's authorizing statute to reflect	150224
that this act renumbers the authorizing statute or relocates it to	150225
another Revised Code section. Such citations shall be updated as	150226
the Director amends the rules for other purposes.	150227

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

150228

General Revenue Fund	150229

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	150230
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	150231
GRF	700404	Ohio Proud	$	50,000	$	50,000	150232
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	150233
GRF	700407	Food Safety	$	848,792	$	848,792	150234
GRF	700409	Farmland Preservation	$	72,750	$	72,750	150235
GRF	700412	Weights and Measures	$	600,000	$	600,000	150236
GRF	700415	Poultry Inspection	$	592,978	$	592,978	150237
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	150238
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	150239
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	150240
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	150241
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	150242
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	150243
TOTAL GRF General Revenue Fund			$	15,454,231	$	15,254,231	150244

General Services Fund Group	150245

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	150246
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	150247
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	150248

Federal Special Revenue Fund Group	150249

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	150250
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	150251
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	150252
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	150253
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	150254
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	150255
TOTAL FED Federal Special Revenue							150256
Fund Group			$	12,806,000	$	12,806,000	150257

State Special Revenue Fund Group	150258

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	150259
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	150260
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	150261
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	150262
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	150263
4D20	700609	Auction Education	$	35,000	$	35,000	150264
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	150265
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	150266
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	150267
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	150268
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	150269
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	150270
5880	700633	Brand Registration	$	5,000	$	5,000	150271
5B80	700629	Auctioneers	$	340,000	$	340,000	150272
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	150273
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	150274
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	150275
5L80	700604	Livestock Management Program	$	145,000	$	145,000	150276
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	150277
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	150278
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	150279
TOTAL SSR State Special Revenue							150280
Fund Group			$	18,523,313	$	18,518,313	150281

Clean Ohio Conservation Fund Group	150282

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		150283
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		150284

TOTAL ALL BUDGET FUND GROUPS

52,576,557

52,407,617

150285

DANGEROUS AND RESTRICTED WILD ANIMALS

150286

The foregoing GRF appropriation item 700426, Dangerous and	150287
Restricted Animals, shall be used to administer the Dangerous and	150288
Restricted Wild Animal Permitting Program.	150289

COUNTY AGRICULTURAL SOCIETIES

150290

The foregoing appropriation item 700501, County Agricultural	150291
Societies, shall be used to reimburse county and independent	150292
agricultural societies for expenses related to Junior Fair	150293
activities.	150294

CLEAN OHIO AGRICULTURAL EASEMENT

150295

The foregoing appropriation item 700632, Clean Ohio	150296
Agricultural Easement, shall be used by the Department of	150297
Agriculture in administering Ohio Agricultural Easement Fund (Fund	150298
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	150299
5301.70 of the Revised Code.	150300

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

150301

General Services Fund Group	150302

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		150303
TOTAL GSF General Services Fund					$	240,681		$	240,681		150304

State Special Revenue Fund Group	150305

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	150306
5700	898601	Operating Expenses	$	323,980	$	323,980	150307
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	150308
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	150309
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	150310

Section 213.20. ENERGY STRATEGY DEVELOPMENT

150312

The Energy Strategy Development Program shall develop energy	150313
initiatives, projects, and policy that align with the energy	150314
policy for the state. Issues addressed by such initiatives,	150315
projects, and policy shall not be limited to those governed by	150316
Chapter 3706. of the Revised Code. The Ohio Air Quality	150317
Development Authority shall be responsible for the monitoring of	150318
the program.	150319

There is hereby created in the state treasury the Energy	150320
Strategy Development Fund (Fund 5EG0). The fund shall consist of	150321
money credited to it and money obtained for advanced energy	150322
projects from federal or private grants, loans, or other sources.	150323
Money in the fund shall be used to carry out the purposes of the	150324
program. Interest earned on the money in the fund shall be	150325
credited to the General Revenue Fund.	150326

On July 1 of each fiscal year, or as soon as possible	150327
thereafter, the Director of Budget and Management may transfer	150328
cash from the funds specified below, up to the amounts specified	150329
below, to the Energy Strategy Development Fund. Fund 5EG0 may	150330
accept contributions and transfers made to the fund. On July 1,	150331
2015, or as soon as possible thereafter, the Director shall	150332
transfer to the General Revenue Fund all cash credited to Fund	150333
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	150334

Fund	Fund Name	User	FY 2014	FY 2015	150335
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	150336
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	150337
1350	Supportive Services	Development Services Agency	$27,405	$27,439	150338
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	150339
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	150340
7002	Highway Operating	Department of Transportation	$39,150	$39,199	150341

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	150342
AUTHORITY TRUST ACCOUNT	150343

Notwithstanding any other provision of law to the contrary,	150344
the Air Quality Development Authority may reimburse the Air	150345
Quality Development Authority trust account established under	150346
section 3706.10 of the Revised Code from all operating funds of	150347
the agency for expenses pertaining to the administration and	150348
shared costs incurred by the Air Quality Development Authority in	150349
the execution of responsibilities as prescribed in Chapter 3706.	150350
of the Revised Code. Reimbursement shall be made by voucher and	150351
completed in accordance with the administrative indirect costs	150352
allocation plan approved by the Office of Budget and Management.	150353

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

150354

General Services Fund Group	150355

4K90	891609	Operating	$	481,379	$	485,954	150356
TOTAL GSF General Services Fund							150357
Group			$	481,379	$	485,954	150358
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	150359

Section 217.10. ART OHIO ARTS COUNCIL

150361

General Revenue Fund	150362

GRF	370321	Operating Expenses	$	1,649,204	$	1,649,204	150363
GRF	370502	State Program Subsidies	$	9,700,000	$	9,700,000	150364
TOTAL GRF General Revenue Fund			$	11,349,204	$	11,349,204	150365

General Services Fund Group	150366

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	150367
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	150368
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	150369

Federal Special Revenue Fund Group	150370

3140	370601	Federal Support	$	1,000,000	$	1,000,000	150371
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	150372
TOTAL ALL BUDGET FUND GROUPS			$	12,843,204	$	12,843,204	150373

OPERATING EXPENSES

150374

Of the foregoing appropriation item 370321, Operating	150375
Expenses, up to $50,000 shall be used in each fiscal year for	150376
technology upgrades and improvements.	150377

FEDERAL SUPPORT

150378

Notwithstanding any provision of law to the contrary, the	150379
foregoing appropriation item 370601, Federal Support, shall be	150380
used by the Ohio Arts Council for subsidies only, and not for its	150381
administrative costs, unless the Council is required to use a	150382
portion of the funds for administrative costs under conditions of	150383
the federal grant.	150384

Section 219.10. ATH ATHLETIC COMMISSION

150385

General Services Fund Group	150386

4K90	175609	Operating Expenses	$	312,000	$	320,000	150387
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	150388
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	150389

Section 221.10. AGO ATTORNEY GENERAL

150391

General Revenue Fund	150392

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	150393
GRF	055405	Law-Related Education	$	100,000	$	100,000	150394
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	150395
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	150396
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	150397
TOTAL GRF General Revenue Fund			$	45,703,589	$	46,303,589	150398

General Services Fund Group	150399

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	150400
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	150401
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	150402
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	150403
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	150404
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	150405
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	150406
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	150407
5L50	055619	Law Enforcement Assistance Program	$	1,226,201	$	1,038,573	150408
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	150409
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	150410
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	150411
TOTAL GSF General Services Fund							150412
Group			$	87,551,818	$	88,493,601	150413

Federal Special Revenue Fund Group	150414

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	150415
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	150416
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	150417
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	150418
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	150419
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	150420
TOTAL FED Federal Special Revenue							150421
Fund Group			$	28,212,406	$	28,263,728	150422

State Special Revenue Fund Group	150423

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	150424
4190	055623	Claims Section	$	55,920,716	$	56,937,131	150425
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	150426
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	150427
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	150428
TOTAL SSR State Special Revenue							150429
Fund Group			$	76,867,116	$	77,790,839	150430

Holding Account Redistribution Fund Group	150431

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	150432
R005	055632	Antitrust Settlements	$	1,000	$	1,000	150433
R018	055630	Consumer Frauds	$	750,000	$	750,000	150434
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	150435
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	150436
TOTAL 090 Holding Account							150437
Redistribution Fund Group			$	6,276,025	$	6,276,025	150438

Tobacco Master Settlement Agreement Fund Group	150439

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	150440
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	150441
TOTAL ALL BUDGET FUND GROUPS			$	245,110,954	$	247,627,782	150442

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

150443

Of the foregoing appropriation item 055321, Operating	150444
Expenses, $600,000 in fiscal year 2015 shall be used to create the	150445
Ohio BCI Forensic Research and Professional Training Center at	150446
Bowling Green State University. The purpose of the Center shall be	150447
to foster forensic science research techniques (BCI Eminent	150448
Scholar) and to create professional training opportunities to	150449
students (BCI Scholars) in the forensic science fields.	150450

COUNTY SHERIFFS' PAY SUPPLEMENT

150451

The foregoing appropriation item 055411, County Sheriffs' Pay	150452
Supplement, shall be used for the purpose of supplementing the	150453
annual compensation of county sheriffs as required by section	150454
325.06 of the Revised Code.	150455

At the request of the Attorney General, the Director of	150456
Budget and Management may transfer appropriation from	150457
appropriation item 055321, Operating Expenses, to appropriation	150458
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	150459
transferred shall be used to supplement the annual compensation of	150460
county sheriffs as required by section 325.06 of the Revised Code.	150461

COUNTY PROSECUTORS' PAY SUPPLEMENT

150462

The foregoing appropriation item 055415, County Prosecutors'	150463
Pay Supplement, shall be used for the purpose of supplementing the	150464
annual compensation of certain county prosecutors as required by	150465
section 325.111 of the Revised Code.	150466

At the request of the Attorney General, the Director of	150467
Budget and Management may transfer appropriation from	150468
appropriation item 055321, Operating Expenses, to appropriation	150469
item 055415, County Prosecutors' Pay Supplement. Any appropriation	150470
so transferred shall be used to supplement the annual compensation	150471
of county prosecutors as required by section 325.111 of the	150472
Revised Code.	150473

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	150474
REIMBURSEMENT FUND	150475

Notwithstanding any other provision of law to the contrary,	150476
on July 1, 2013, or as soon as possible thereafter, the Director	150477
of Budget and Management shall transfer $80,000 cash from the	150478
General Revenue Fund to the General Reimbursement Fund (Fund	150479
1060).	150480

WORKERS' COMPENSATION SECTION

150481

The Workers' Compensation Fund (Fund 1950) is entitled to	150482
receive payments from the Bureau of Workers' Compensation and the	150483
Ohio Industrial Commission at the beginning of each quarter of	150484
each fiscal year to fund legal services to be provided to the	150485
Bureau of Workers' Compensation and the Ohio Industrial Commission	150486
during the ensuing quarter. The advance payment shall be subject	150487
to adjustment.	150488

In addition, the Bureau of Workers' Compensation shall	150489
transfer payments at the beginning of each quarter for the support	150490
of the Workers' Compensation Fraud Unit.	150491

All amounts shall be mutually agreed upon by the Attorney	150492
General, the Bureau of Workers' Compensation, and the Ohio	150493
Industrial Commission.	150494

CASH TRANSFERS FROM CRIMINAL JUSTICE SERVICES CASINO TAX	150495
REVENUE FUND TO LAW ENFORCEMENT ASSISTANCE FUND	150496

Notwithstanding division (D)(7) of section 5753.03 of the	150497
Revised Code and any other provision of law to the contrary, the	150498
Director of Budget and Management shall transfer the amounts	150499
deposited into the Criminal Justice Services Casino Tax Revenue	150500
Fund (Fund 5LM0) pursuant to division (D)(7) of section 5753.03 of	150501
the Revised Code during fiscal years 2014 and 2015 to the Law	150502
Enforcement Assistance Fund (Fund 5L50) at the times that such	150503
deposits are made or as soon as practicable thereafter.	150504

ATTORNEY GENERAL PASS-THROUGH FUNDS

150505

The foregoing appropriation item 055638, Attorney General	150506
Pass-Through Funds, shall be used to receive federal grant funds	150507
provided to the Attorney General by other state agencies,	150508
including, but not limited to, the Department of Youth Services	150509
and the Department of Public Safety.	150510

GENERAL HOLDING ACCOUNT

150511

The foregoing appropriation item 055631, General Holding	150512
Account, shall be used to distribute moneys under the terms of	150513
relevant court orders or other settlements received in a variety	150514
of cases involving the Office of the Attorney General. If it is	150515
determined that additional amounts are necessary for this purpose,	150516
the amounts are hereby appropriated.	150517

ANTITRUST SETTLEMENTS

150518

The foregoing appropriation item 055632, Antitrust	150519
Settlements, shall be used to distribute moneys under the terms of	150520
relevant court orders or other out of court settlements in	150521
antitrust cases or antitrust matters involving the Office of the	150522
Attorney General. If it is determined that additional amounts are	150523
necessary for this purpose, the amounts are hereby appropriated.	150524

CONSUMER FRAUDS

150525

The foregoing appropriation item 055630, Consumer Frauds,	150526
shall be used for distribution of moneys from court-ordered	150527
judgments against sellers in actions brought by the Office of	150528
Attorney General under sections 1334.08 and 4549.48 and division	150529
(B) of section 1345.07 of the Revised Code. These moneys shall be	150530
used to provide restitution to consumers victimized by the fraud	150531
that generated the court-ordered judgments. If it is determined	150532
that additional amounts are necessary for this purpose, the	150533
amounts are hereby appropriated.	150534

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

150535

The foregoing appropriation item 055601, Organized Crime	150536
Commission Distributions, shall be used by the Organized Crime	150537
Investigations Commission, as provided by section 177.011 of the	150538
Revised Code, to reimburse political subdivisions for the expenses	150539
the political subdivisions incur when their law enforcement	150540
officers participate in an organized crime task force. If it is	150541
determined that additional amounts are necessary for this purpose,	150542
the amounts are hereby appropriated.	150543

COLLECTION PAYMENT REDISTRIBUTION

150544

The foregoing appropriation item 055650, Collection Payment	150545
Redistribution, shall be used for the purpose of allocating the	150546
revenue where debtors mistakenly paid the client agencies instead	150547
of the Attorney General's Collections Enforcement Section. If it	150548
is determined that additional amounts are necessary for this	150549
purpose, the amounts are hereby appropriated.	150550

Section 223.10. AUD AUDITOR OF STATE

150551

General Revenue Fund	150552

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	150553
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	150554
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	150555

Auditor of State Fund Group	150556

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	150557
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	150558
5840	070603	Training Program	$	181,730	$	181,250	150559
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	150560
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	150561
TOTAL AUD Auditor of State Fund							150562
Group			$	44,196,066	$	44,219,012	150563
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	150564

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

150565

The foregoing appropriation item 070403, Fiscal	150566
Watch/Emergency Technical Assistance, shall be used for expenses	150567
incurred by the Office of the Auditor of State in its role	150568
relating to fiscal watch or fiscal emergency activities under	150569
Chapters 118. and 3316. of the Revised Code. Expenses include, but	150570
are not limited to, the following: duties related to the	150571
determination or termination of fiscal watch or fiscal emergency	150572
of municipal corporations, counties, townships, or school	150573
districts; development of preliminary accounting reports;	150574
performance of annual forecasts; provision of performance audits;	150575
and supervisory, accounting, or auditing services for the	150576
municipal corporations, counties, townships, or school districts.	150577

Section 225.10. BRB BOARD OF BARBER EXAMINERS

150578

General Services Fund Group	150579

4K90	877609	Operating Expenses	$	670,882	$	674,272	150580
TOTAL GSF General Services Fund							150581
Group			$	670,882	$	674,272	150582
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	150583

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

150585

General Revenue Fund	150586

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	150587
GRF	042409	Commission Closures	$	304,000	$	155,000	150588
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	150589
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	150590
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	150591

General Services Fund Group	150592

1050	042603	Financial Management	$	14,060,275	$	14,451,086	150593
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	150594
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	150595

Federal Special Revenue Fund Group	150596

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		150597
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		150598

Agency Fund Group	150599

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	150600
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	150601
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	150602

COMMISSION CLOSURES

150603

The foregoing appropriation item 042409, Commission Closures,	150604
may be used to pay obligations associated with the closure of any	150605
state agency, whether in the executive, legislative, or judicial	150606
branch of government. Notwithstanding any provision of law to the	150607
contrary, this appropriation item may also be used to pay final	150608
payroll expenses occurring after the closure of any state agency,	150609
whether in the executive, legislative, or judicial branch of	150610
government in the event that appropriations or cash in the closing	150611
agency are insufficient to do so.	150612

The Director of Budget and Management may request Controlling	150613
Board approval for funds to be transferred to appropriation item	150614
042409, Commission Closures, from appropriation item 911614, CB	150615
Emergency Purposes, for anticipated expenses associated with	150616
agency closures.	150617

AUDIT COSTS AND DUES

150618

All centralized audit costs associated with either Single	150619
Audit Schedules or financial statements prepared in conformance	150620
with generally accepted accounting principles for the state shall	150621
be paid from the foregoing appropriation item 042603, Financial	150622
Management.	150623

Costs associated with the audit of the Auditor of State and	150624
national association dues shall be paid from the foregoing	150625
appropriation item 042321, Budget Development and Implementation.	150626

SHARED SERVICES CENTER

150627

The foregoing appropriation items 042425, Shared Services	150628
Development, and 042620, Shared Services Operating, shall be used	150629
by the Director of Budget and Management to support a Shared	150630
Services Center within the Office of Budget and Management for the	150631
purpose of consolidating statewide business functions and common	150632
transactional processes.	150633

The Director of Budget and Management shall include the	150634
recovery of costs to operate the Shared Services Center in the	150635
accounting and budgeting services payroll rate and through a	150636
direct charges using intrastate transfer vouchers to agencies for	150637
services rendered. The Director of Budget and Management shall	150638
determine the cost recovery methodology. Such cost recovery	150639
revenues shall be deposited to the credit of Fund 1050.	150640

INTERNAL AUDIT

150641

The Director of Budget and Management shall include the	150642
recovery of costs to operate the Internal Audit Program in the	150643
accounting and budgeting services payroll rate and through a	150644
direct charge using intrastate transfer vouchers to agencies	150645
reviewed by the program. The Director of Budget and Management,	150646
with advice from the Internal Audit Advisory Council, shall	150647
determine the cost recovery methodology. Such cost recovery	150648
revenues shall be deposited to the credit of the Accounting and	150649
Budgeting Fund (Fund 1050).	150650

FORGERY RECOVERY

150651

The foregoing appropriation item 042604, Forgery Recovery,	150652
shall be used to reissue warrants that have been certified as	150653
forgeries by the rightful recipient as determined by the Bureau of	150654
Criminal Identification and Investigation and the Treasurer of	150655
State. Upon receipt of funds to cover the reissuance of the	150656
warrant, the Director of Budget and Management shall reissue a	150657
state warrant of the same amount. Any additional amounts needed to	150658
reissue warrants backed by the receipt of funds are hereby	150659
appropriated.	150660

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

150661

On or before December 31, 2013, the Director of Budget and	150662
Management shall transfer the cash balances of the OAKS Project	150663
Implementation Fund (Fund 5N40) and the Office of Health	150664
Transformation Administration Fund (Fund 5Z80) to the General	150665
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	150666
5Z80 are abolished.	150667

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

150668

General Revenue Fund	150669

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	150670
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	150671
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	150672

General Services Fund Group	150673

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	150674
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	150675
TOTAL GSF General Services							150676
Fund Group			$	635,291	$	635,291	150677

Underground Parking Garage	150678

2080	874601	Underground Parking Garage Operations	$	3,049,740	$	2,996,740	150679
TOTAL UPG Underground Parking							150680
Garage			$	3,049,740	$	2,996,740	150681
TOTAL ALL BUDGET FUND GROUPS			$	7,263,596	$	7,210,596	150682

WAREHOUSE PAYMENTS

150683

Of the foregoing appropriation item 874601, Underground	150684
Parking Garage Operations, $48,000 in each fiscal year shall be	150685
used to meet all payments at the times they are required to be	150686
made during the period from July 1, 2013, through June 30, 2015,	150687
to the Department of Administrative Services for bond service	150688
charges relating to the purchase and improvement of a warehouse	150689
acquired pursuant to section 105.41 of the Revised Code, in which	150690
to store items of the Capitol Collection Trust and, whenever	150691
necessary, equipment or other property of the Board.	150692

UNDERGROUND PARKING GARAGE FUND

150693

Notwithstanding division (G) of section 105.41 of the Revised	150694
Code and any other provision to the contrary, moneys in the	150695
Underground Parking Garage Fund (Fund 2080) may be used for	150696
personnel and operating costs related to the operations of the	150697
Statehouse and the Statehouse Underground Parking Garage.	150698

Of the foregoing appropriation item 874601, Underground	150699
Parking Garage Operations, up to $10,000 in fiscal year 2014 shall	150700
be used to support the 1st Ohio Light Artillery Battery A for the	150701
150th Anniversary Reenactment of the Battle of Gettysburg, and up	150702
to $15,000 in fiscal year 2015 shall be used for preparations in	150703
anticipation of the Lincoln Funeral Procession Train.	150704

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	150705
SCHOOLS	150706

General Services Fund Group	150707

4K90	233601	Operating Expenses	$	579,328	$	579,328	150708
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	150709
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	150710

Section 233.10. CAC CASINO CONTROL COMMISSION

150712

State Special Revenue Fund Group	150713

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	150714
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	150715
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	150716

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

150718

General Services Fund Group	150719

4K90	930609	Operating Expenses	$	476,642	$	469,349	150720
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	150721
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	150722

Section 237.10. CHR STATE CHIROPRACTIC BOARD

150724

General Services Fund Group	150725

4K90	878609	Operating Expenses	$	617,829	$	630,775	150726
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	150727
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	150728

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

150730

General Revenue Fund	150731

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		150732
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		150733

General Services Fund Group	150734

2170	876604	Operations Support	$	4,000	$	4,000	150735
TOTAL GSF General Services							150736
Fund Group			$	4,000	$	4,000	150737

Federal Special Revenue Fund Group	150738

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	150739
TOTAL FED Federal Special Revenue							150740
Fund Group			$	2,820,670	$	2,947,983	150741

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

150742

Section 241.10. COM DEPARTMENT OF COMMERCE

150744

General Services Fund Group	150745

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	150746
1630	800637	Information Technology	$	6,011,977	$	6,011,977	150747
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	150748
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	150749
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	150750
TOTAL GSF General Services Fund							150751
Group			$	84,249,523	$	84,249,523	150752

Federal Special Revenue Fund Group	150753

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	150754
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	150755
TOTAL FED Federal Special Revenue							150756
Fund Group			$	2,685,729	$	2,685,729	150757

State Special Revenue Fund Group	150758

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	150759
4H90	800608	Cemeteries	$	266,688	$	266,688	150760
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	150761
5440	800612	Banks	$	6,836,589	$	6,836,589	150762
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	150763
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	150764
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	150765
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	150766
5480	800611	Real Estate Recovery	$	50,000	$	50,000	150767
5490	800614	Real Estate	$	3,310,412	$	3,310,412	150768
5500	800617	Securities	$	4,238,814	$	4,238,814	150769
5520	800604	Credit Union	$	3,297,888	$	3,297,888	150770
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	150771
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	150772
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	150773
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	150774
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	150775
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	150776
5X60	800623	Video Service	$	337,224	$	337,224	150777
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	150778
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	150779
TOTAL SSR State Special Revenue							150780
Fund Group			$	83,409,588	$	83,546,425	150781

Liquor Control Fund Group	150782

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	150783
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	150784
TOTAL LCF Liquor Control							150785
Fund Group			$	14,507,316	$	9,689,196	150786
TOTAL ALL BUDGET FUND GROUPS			$	184,852,156	$	180,170,873	150787

ADMINISTRATIVE ASSESSMENTS

150788

Notwithstanding any other provision of law to the contrary,	150789
the Division of Administration Fund (Fund 1630) is entitled to	150790
receive assessments from all operating funds of the Department in	150791
accordance with procedures prescribed by the Director of Commerce	150792
and approved by the Director of Budget and Management.	150793

UNCLAIMED FUNDS PAYMENTS

150794

The foregoing appropriation item 800625, Unclaimed	150795
Funds-Claims, shall be used to pay claims under section 169.08 of	150796
the Revised Code. If it is determined that additional amounts are	150797
necessary, the amounts are appropriated.	150798

FIRE DEPARTMENT GRANTS

150799

Of the foregoing appropriation item 800639, Fire Department	150800
Grants, up to $2,198,802 in each fiscal year shall be used to make	150801
annual grants to the following eligible recipients: volunteer fire	150802
departments, fire departments that serve one or more small	150803
municipalities or small townships, joint fire districts comprised	150804
of fire departments that primarily serve small municipalities or	150805
small townships, local units of government responsible for such	150806
fire departments, and local units of government responsible for	150807
the provision of fire protection services for small municipalities	150808
or small townships. For the purposes of these grants, a private	150809
fire company, as that phrase is defined in section 9.60 of the	150810
Revised Code, that is providing fire protection services under a	150811
contract to a political subdivision of the state, is an additional	150812
eligible recipient for a training grant.	150813

Eligible recipients that consist of small municipalities or	150814
small townships that all intend to contract with the same fire	150815
department or private fire company for fire protection services	150816
may jointly apply and be considered for a grant. If a joint	150817
applicant is awarded a grant, the State Fire Marshal shall, if	150818
feasible, proportionately award the grant and any equipment	150819
purchased with grant funds to each of the joint applicants based	150820
upon each applicant's contribution to and demonstrated need for	150821
fire protection services.	150822

If the grant awarded to joint applicants is an equipment	150823
grant and the equipment to be purchased cannot be readily	150824
distributed or possessed by multiple recipients, each of the joint	150825
applicants shall be awarded by the State Fire Marshal an ownership	150826
interest in the equipment so purchased in proportion to each	150827
applicant's contribution to and demonstrated need for fire	150828
protection services. The joint applicants shall then mutually	150829
agree on how the equipment is to be maintained, operated, stored,	150830
or disposed of. If, for any reason, the joint applicants cannot	150831
agree as to how jointly owned equipment is to be maintained,	150832
operated, stored, or disposed of or any of the joint applicants no	150833
longer maintain a contract with the same fire protection service	150834
provider as the other applicants, then the joint applicants shall,	150835
with the assistance of the State Fire Marshal, mutually agree as	150836
to how the jointly owned equipment is to be maintained, operated,	150837
stored, disposed of, or owned. If the joint applicants cannot	150838
agree how the grant equipment is to be maintained, operated,	150839
stored, disposed of, or owned, the State Fire Marshal may, in its	150840
discretion, require all of the equipment acquired by the joint	150841
applicants with grant funds to be returned to the State Fire	150842
Marshal. The State Fire Marshal may then award the returned	150843
equipment to any eligible recipients.	150844

Except as otherwise provided in this section, the grants	150845
shall be used by recipients to purchase firefighting or rescue	150846
equipment or gear or similar items, to provide full or partial	150847
reimbursement for the documented costs of firefighter training,	150848
or, at the discretion of the State Fire Marshal, to cover fire	150849
department costs for providing fire protection services in that	150850
grant recipient's jurisdiction.	150851

Of the foregoing appropriation item 800639, up to $500,000	150852
per fiscal year may be used to pay for the State Fire Marshal's	150853
costs of providing firefighter I certification classes or other	150854
firefighter classes approved by the Department of Public Safety in	150855
accordance with section 4765.55 of the Revised Code at no cost to	150856
selected students attending the Ohio Fire Academy or other class	150857
providers approved by the State Fire Marshal. The State Fire	150858
Marshal may establish the qualifications and selection processes	150859
for students to attend such classes by written policy, and such	150860
students shall be considered eligible recipients of fire	150861
department grants for the purposes of this portion of the grant	150862
program.	150863

Grant awards for firefighting or rescue equipment or gear or	150864
for fire department costs of providing fire protection services	150865
shall be up to $15,000 per fiscal year, or up to $25,000 per	150866
fiscal year if an eligible entity serves a jurisdiction in which	150867
the Governor declared a natural disaster during the preceding or	150868
current fiscal year in which the grant was awarded. In addition to	150869
any grant funds awarded for rescue equipment or gear, or for fire	150870
department costs associated with the provision of fire protection	150871
services, an eligible entity may receive a grant for up to $15,000	150872
per fiscal year for full or partial reimbursement of the	150873
documented costs of firefighter training. For each fiscal year,	150874
the State Fire Marshal shall determine the total amounts to be	150875
allocated for each eligible purpose.	150876

The grant program shall be administered by the State Fire	150877
Marshal in accordance with rules the State Fire Marshal adopts as	150878
part of the state fire code adopted pursuant to section 3737.82 of	150879
the Revised Code that are necessary for the administration and	150880
operation of the grant program. The rules may further define the	150881
entities eligible to receive grants and establish criteria for the	150882
awarding and expenditure of grant funds, including methods the	150883
State Fire Marshal may use to verify the proper use of grant funds	150884
or to obtain reimbursement for or the return of equipment for	150885
improperly used grant funds. Any amounts in appropriation item	150886
800639, Fire Department Grants, in excess of the amount allocated	150887
for these grants may be used for the administration of the grant	150888
program.	150889

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

150890

The Director of Budget and Management, upon the request of	150891
the Director of Commerce, may transfer up to $500,000 in cash from	150892
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	150893
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	150894
the Division of Real Estate Operating Fund (Fund 5490) during the	150895
biennium ending June 30, 2015.	150896

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

150897

General Services Fund Group	150898

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	150899
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	150900
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	150901

Section 245.10. CEB CONTROLLING BOARD

150903

General Revenue Fund	150904

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		150905
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		150906

General Services Fund Group	150907

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	150908
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	150909
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	150910

FEDERAL SHARE

150911

In transferring appropriations to or from appropriation items	150912
that have federal shares identified in this act, the Controlling	150913
Board shall add or subtract corresponding amounts of federal	150914
matching funds at the percentages indicated by the state and	150915
federal division of the appropriations in this act. Such changes	150916
are hereby appropriated.	150917

DISASTER SERVICES

150918

Pursuant to requests submitted by the Department of Public	150919
Safety, the Controlling Board may approve transfers from the	150920
Disaster Services Fund (5E20) to a fund and appropriation item	150921
used by the Department of Public Safety to provide for assistance	150922
to political subdivisions made necessary by natural disasters or	150923
emergencies. These transfers may be requested and approved prior	150924
to the occurrence of any specific natural disasters or emergencies	150925
in order to facilitate the provision of timely assistance. The	150926
Emergency Management Agency of the Department of Public Safety	150927
shall use the funding to fund the State Disaster Relief Program	150928
for disasters that have a written Governor's authorization, and	150929
the State Individual Assistance Program for disasters that have a	150930
written Governor's authorization and is declared by the federal	150931
Small Business Administration. The Ohio Emergency Management	150932
Agency shall publish and make available application packets	150933
outlining procedures for the State Disaster Relief Program and the	150934
State Individual Assistance Program.	150935

Fund 5E20 shall be used by the Controlling Board, pursuant to	150936
requests submitted by state agencies, to transfer cash and	150937
appropriations to any fund and appropriation item for the payment	150938
of state agency disaster relief program expenses for disasters	150939
that have a written Governor's authorization, if the Director of	150940
Budget and Management determines that sufficient funds exist.	150941

Upon the request of the Department of Public Safety, the	150942
Controlling Board may release up to $3,000,000 for Blanchard River	150943
flood mitigation projects.	150944

BALLOT ADVERTISING COSTS

150945

Pursuant to section 3501.17 of the Revised Code, and upon	150946
requests submitted by the Secretary of State, the Controlling	150947
Board shall approve transfers from the foregoing appropriation	150948
item 911441, Ballot Advertising Costs, to appropriation item	150949
050621, Statewide Ballot Advertising, in order to pay for the cost	150950
of public notices associated with statewide ballot initiatives.	150951

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	150952
ELIGIBILITY	150953

A state agency director shall request that the Controlling	150954
Board increase the amount of the agency's capital appropriations	150955
if the director determines such an increase is necessary for the	150956
agency to receive and use funds under the federal American	150957
Recovery and Reinvestment Act of 2009. The Controlling Board may	150958
increase the capital appropriations pursuant to the request up to	150959
the exact amount necessary under the federal act if the Board	150960
determines it is necessary for the agency to receive and use those	150961
federal funds.	150962

Section 247.10. COS STATE BOARD OF COSMETOLOGY

150963

General Services Fund Group	150964

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	150965
TOTAL GSF General Services Fund							150966
Group			$	3,474,030	$	3,474,030	150967
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	150968

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	150970
AND FAMILY THERAPIST BOARD	150971

General Services Fund Group	150972

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	150973
TOTAL GSF General Services Fund							150974
Group			$	1,265,856	$	1,281,478	150975
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	150976

Section 251.10. CLA COURT OF CLAIMS

150978

General Revenue Fund	150979

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		150980
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		150981

State Special Revenue Fund Group	150982

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	150983
TOTAL SSR State Special Revenue							150984
Fund Group			$	415,556	$	415,953	150985
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	150986

Section 251.20. AFC OHIO CULTURAL FACILITIES COMMISSION

150988

General Revenue Fund	150989

GRF	371401		Lease Rental Payments		$	22,555,872		$	0		150990
TOTAL GRF General Revenue Fund					$	22,555,872		$	0		150991

State Special Revenue Fund Group	150992

4T80	371601	Riffe Theatre Equipment Maintenance	$	40,446	$	150993
4T80	371603	Project Administration Services	$	250,000	$	150994
TOTAL SSR State Special Revenue Group			$	290,446	$	150995
TOTAL ALL BUDGET FUND GROUPS			$	22,846,318	$	150996

LEASE RENTAL PAYMENTS

150997

The foregoing appropriation item 371401, Lease Rental	150998
Payments, shall be used to meet all payments at the times they are	150999
required to be made during the period from July 1, 2013, through	151000
December 31, 2013, from the Ohio Cultural Facilities Commission	151001
under the primary leases and agreements for those arts and sports	151002
facilities made under Chapters 152. and 154. of the Revised Code.	151003
These appropriations are the source of funds pledged for bond	151004
service charges on related obligations issued under Chapters 152.	151005
and 154. of the Revised Code.	151006

PROJECT ADMINISTRATION SERVICES

151007

The foregoing appropriation item 371603, Project	151008
Administration Services, shall be used by the Ohio Cultural	151009
Facilities Commission in administering Cultural and Sports	151010
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	151011
3383. of the Revised Code.	151012

By the tenth day following each calendar quarter in each	151013
fiscal year, or as soon as possible thereafter, the Director of	151014
Budget and Management shall determine the amount of cash from	151015
interest earnings to be transferred from the Cultural and Sports	151016
Facilities Building Fund (Fund 7030) to the Cultural Facilities	151017
Commission Administration Fund (Fund 4T80).	151018

As soon as possible after each bond issuance made on behalf	151019
of the Cultural Facilities Commission, the Director of Budget and	151020
Management shall determine the amount of cash from any premium	151021
paid on each issuance that is available to be transferred, after	151022
all issuance costs have been paid, from the Cultural and Sports	151023
Facilities Building Fund (Fund 7030) to the Cultural Facilities	151024
Commission Administration Fund (Fund 4T80).	151025

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

151026

The Executive Director of the Cultural Facilities Commission	151027
shall certify to the Director of Budget and Management the amount	151028
of cash receipts and related investment income, irrevocable	151029
letters of credit from a bank, or certification of the	151030
availability of funds that have been received from a county or a	151031
municipal corporation for deposit into the Capital Donations Fund	151032
(Fund 5A10) and that are related to an anticipated project. These	151033
amounts are hereby appropriated to appropriation item C37146,	151034
Capital Donations. Prior to certifying these amounts to the	151035
Director, the Executive Director shall make a written agreement	151036
with the participating entity on the necessary cash flows required	151037
for the anticipated construction or equipment acquisition project.	151038

Section 253.10. DEN STATE DENTAL BOARD

151039

General Services Fund Group	151040

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	151041
TOTAL GSF General Services Fund							151042
Group			$	1,566,484	$	1,566,484	151043
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	151044

Section 255.10. BDP BOARD OF DEPOSIT

151046

General Services Fund Group	151047

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	151048
TOTAL GSF General Services Fund							151049
Group			$	1,876,000	$	1,876,000	151050
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	151051

BOARD OF DEPOSIT EXPENSE FUND

151052

Upon receiving certification of expenses from the Treasurer	151053
of State, the Director of Budget and Management shall transfer	151054
cash from the Investment Earnings Redistribution Fund (Fund 6080)	151055
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	151056
shall be used pursuant to section 135.02 of the Revised Code to	151057
pay for any and all necessary expenses of the Board of Deposit or	151058
for banking charges and fees required for the operation of the	151059
State of Ohio Regular Account.	151060

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

151061

General Revenue Fund	151062

GRF	195402	Coal Research Operating	$	261,205	$	261,405	151063
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	151064
GRF	195407	Travel and Tourism	$	1,300,000	$	0	151065
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	151066
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	151067
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	151068
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	151069
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	151070
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	151071
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	151072
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	151073
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	151074
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	151075
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	151076
TOTAL GRF General Revenue Fund			$	114,210,145	$	135,276,145	151077

General Services Fund Group	151078

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	151079
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	151080
5KN0	195640	Local Government Innovation	$	16,130,986	$	16,000,000	151081
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	151082
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	151083
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	151084
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	151085
TOTAL GSF General Services Fund							151086
Group			$	46,280,986	$	31,150,000	151087

Federal Special Revenue Fund Group	151088

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	151089
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	151090
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	151091
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	151092
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	151093
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	151094
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	151095
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	151096
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	151097
3350	195610	Energy Programs	$	200,000	$	200,000	151098
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	151099
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	151100
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	151101
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	151102
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	151103
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	151104
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	151105
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	151106
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	151107
TOTAL FED Federal Special Revenue							151108
Fund Group			$	417,389,090	$	375,260,494	151109

State Special Revenue Fund Group	151110

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	151111
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	151112
4F20	195639	State Special Projects	$	102,145	$	102,104	151113
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	151114
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	151115
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	151116
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	151117
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	151118
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	151119
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	151120
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	151121
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	151122
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	151123
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	151124
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	151125
6170	195654	Volume Cap Administration	$	32,562	$	32,562	151126
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	151127
TOTAL SSR State Special Revenue							151128
Fund Group			$	474,628,375	$	463,028,371	151129

Facilities Establishment Fund Group	151130

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	151131
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	151132
7010	195665	Research and Development	$	22,000,000	$	22,000,000	151133
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	151134
TOTAL 037 Facilities							151135
Establishment Fund Group			$	90,000,000	$	90,000,000	151136

Clean Ohio Revitalization Fund	151137

7003	195663		Clean Ohio Program		$	950,000		$	950,000		151138
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		151139

Third Frontier Research & Development Fund Group	151140

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	151141
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	151142
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	151143
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	151144
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	151145

Job Ready Site Development Fund Group	151146

7012	195688		Job Ready Site Development		$	800,000		$	800,000		151147
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		151148

Tobacco Master Settlement Agreement Fund Group	151149

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	151150
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	151151
TOTAL ALL BUDGET FUND GROUPS			$	1,278,155,191	$	1,230,371,035	151152

Section 257.20. COAL RESEARCH OPERATING

151154

The foregoing appropriation item 195402, Coal Research	151155
Operating, shall be used for the operating expenses of the	151156
Community Services Division in support of the Ohio Coal	151157
Development Office.	151158

TRAVEL AND TOURISM

151159

The foregoing appropriation item 195407, Travel and Tourism,	151160
shall be used for marketing the state of Ohio as a tourism	151161
destination and to support administrative expenses and contracts	151162
necessary to market Ohio.	151163

BUSINESS DEVELOPMENT SERVICES

151164

The foregoing appropriation item 195415, Business Development	151165
Services, shall be used for the operating expenses of the Business	151166
Services Division and the regional economic development offices	151167
and for grants for cooperative economic development ventures.	151168

REDEVELOPMENT ASSISTANCE

151169

The foregoing appropriation item 195426, Redevelopment	151170
Assistance, shall be used to fund the costs of administering the	151171
Clean Ohio Revitalization program and other urban revitalization	151172
programs that may be implemented by the Development Services	151173
Agency.	151174

CDBG OPERATING MATCH

151175

The foregoing appropriation item 195497, CDBG Operating	151176
Match, shall be used as matching funds for grants from the United	151177
States Department of Housing and Urban Development pursuant to the	151178
Housing and Community Development Act of 1974 and regulations and	151179
policy guidelines for the programs pursuant thereto.	151180

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

151181

The foregoing appropriation item 195501, Appalachian Local	151182
Development Districts, shall be used to support four local	151183
development districts. Of the foregoing appropriation amount in	151184
each fiscal year, up to $135,000 shall be allocated to the Ohio	151185
Valley Regional Development Commission, up to $135,000 shall be	151186
allocated to the Ohio Mid-Eastern Government Association, up to	151187
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	151188
Regional Development District, and up to $35,000 shall be	151189
allocated to the Eastgate Regional Council of Governments. Local	151190
development districts receiving funding under this section shall	151191
use the funds for the implementation and administration of	151192
programs and duties under section 107.21 of the Revised Code.	151193

TECHNOLOGY PROGRAMS AND GRANTS

151194

Of the foregoing appropriation item 195532, Technology	151195
Programs and Grants, up to $547,341 in each fiscal year shall be	151196
used for operating expenses incurred in administering the Ohio	151197
Third Frontier pursuant to sections 184.10 to 184.20 of the	151198
Revised Code; and up to $13,000,000 in each fiscal year shall be	151199
used for the Thomas Edison Program pursuant to sections 122.28 to	151200
122.38 of the Revised Code, of which not less than $7,650,000	151201
shall be allocated for the Edison Center Network entities defined	151202
in division (C) of section 122.33 of the Revised Code, $2,000,000	151203
of which shall be allocated on a competitive basis among the	151204
entities, and not more than ten per cent shall be used for	151205
operating expenses incurred in administering the program.	151206

BUSINESS ASSISTANCE

151207

The foregoing appropriation item 195533, Business Assistance,	151208
may be used to provide a range of business assistance, including	151209
grants to local organizations to support economic development	151210
activities that promote minority business development, small	151211
business development, entrepreneurship, and exports of Ohio's	151212
goods and services. This appropriation item shall also be used as	151213
matching funds for grants from the United States Small Business	151214
Administration and other federal agencies, pursuant to Public Law	151215
No. 96-302 as amended by Public Law No. 98-395, and regulations	151216
and policy guidelines for the programs pursuant thereto.	151217

APPALACHIA ASSISTANCE

151218

The foregoing appropriation item 195535, Appalachia	151219
Assistance, may be used for the administrative costs of planning	151220
and liaison activities for the Governor's Office of Appalachia, to	151221
provide financial assistance to projects in Ohio's Appalachian	151222
counties, and to pay dues for the Appalachian Regional Commission.	151223
These funds may be used to match federal funds from the	151224
Appalachian Regional Commission.	151225

OHIO-ISRAEL AGRICULTURE INITIATIVE

151226

The foregoing appropriation item 195537, Ohio-Israel	151227
Agricultural Initiative, shall be used for the Ohio-Israel	151228
Agricultural Initiative.	151229

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

151230

The foregoing appropriation line item 195901, Coal Research	151231
and Development General Obligation Debt Service, shall be used to	151232
pay all debt service and related financing costs during the period	151233
July 1, 2013, through June 30, 2015 for obligations issued under	151234
sections 151.01 and 151.07 of the Revised Code.	151235

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	151236
SERVICE	151237

The foregoing appropriation item 195905, Third Frontier	151238
Research & Development General Obligation Debt Service, shall be	151239
used to pay all debt service and related financing costs during	151240
the period from July 1, 2013, through June 30, 2015, on	151241
obligations issued for research and development purposes under	151242
sections 151.01 and 151.10 of the Revised Code.	151243

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

151244

The foregoing appropriation item 195912, Job Ready Site	151245
Development General Obligation Debt Service, shall be used to pay	151246
all debt service and related financing costs during the period	151247
from July 1, 2013, through June 30, 2015, on obligations issued	151248
for job ready site development purposes under sections 151.01 and	151249
151.11 of the Revised Code.	151250

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

151251

The Director of Development Services may assess offices of	151252
the agency for the cost of central service operations. An	151253
assessment shall contain the characteristics of administrative	151254
ease and uniform application. A division's payments shall be	151255
credited to the Supportive Services Fund (Fund 1350) using an	151256
intrastate transfer voucher.	151257

LOCAL GOVERNMENT INNOVATION FUND

151258

The foregoing appropriation item 195640, Local Government	151259
Innovation, shall be used for the purposes of making loans and	151260
grants to political subdivisions under the Local Government	151261
Innovation Program in accordance with sections 189.01 to 189.10 of	151262
the Revised Code. Of the foregoing appropriation item 195640,	151263
Local Government Innovation, up to $175,000 in each fiscal year	151264
shall be used for administrative costs incurred by the Development	151265
Services Agency.	151266

TRAVEL AND TOURISM COOPERATIVE PROJECTS

151267

The foregoing appropriation item 195690, Travel and Tourism	151268
Cooperative Projects, shall consist solely of leveraged private	151269
sector paid advertising dollars received in tourism marketing	151270
assistance and co-op programs. These funds are to be used for the	151271
marketing and promotion of travel and tourism in Ohio.	151272

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

151273

The foregoing appropriation item 195636, Development Services	151274
Reimbursable Expenditures, shall be used for reimbursable costs	151275
incurred by the agency. Revenues to the General Reimbursement Fund	151276
(Fund 6850) shall consist of moneys charged for administrative	151277
costs that are not central service costs.	151278

Section 257.40. WORKFORCE DEVELOPMENT INITIATIVES

151279

Of the foregoing appropriation item 195643, Workforce	151280
Development Initiatives, $500,000 in fiscal year 2014 shall be	151281
used to fund the Heavy Machinery Pilot Program at Central Ohio	151282
Technical College for tuition support and reimbursement to train	151283
approximately 30 students for careers in construction and the oil	151284
and gas industries in Eastern Ohio and statewide.	151285

Of the foregoing appropriation item 195643, Workforce	151286
Development Initiative, $500,000 in each fiscal year shall be used	151287
for grants to BioOhio to support the Bioscience Workforce	151288
Development Initiative for training incumbent and prospective	151289
workers in the bioscience manufacturing industry in partnership	151290
with community colleges. BioOhio shall provide an annual report to	151291
the Office of the Governor and the General Assembly assessing the	151292
progress of the BioScience Workforce Development Initiative, and	151293
the report shall include enrollment and placement statistics.	151294

HEAP WEATHERIZATION

151295

Up to twenty-five per cent of the federal funds deposited to	151296
the credit of the Home Energy Assistance Block Grant Fund (Fund	151297
3K90) may be expended from appropriation item 195614, HEAP	151298
Weatherization, to provide home weatherization services in the	151299
state as determined by the Director of Development Services. Any	151300
transfers or increases in appropriation for the foregoing	151301
appropriation items 195614, HEAP Weatherization, or 195611, Home	151302
Energy Assistance Block Grant, shall be subject to approval by the	151303
Controlling Board.	151304

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

151305

The foregoing appropriation item 195649, Business Assistance	151306
Programs, shall be used for administrative expenses associated	151307
with the operation of tax credit programs, loan servicing, the	151308
Ohio Film Office, workforce initiatives, and the Office of	151309
Strategic Business Investments.	151310

STATE SPECIAL PROJECTS

151311

The State Special Projects Fund (Fund 4F20), may be used for	151312
the deposit of private-sector funds from utility companies and for	151313
the deposit of other miscellaneous state funds. State moneys so	151314
deposited may also be used to match federal housing grants for the	151315
homeless.	151316

MINORITY BUSINESS ENTERPRISE LOAN

151317

All repayments from the Minority Development Financing	151318
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	151319
Program shall be deposited in the State Treasury to the credit of	151320
the Minority Business Enterprise Loan Fund (Fund 4W10).	151321

MINORITY BUSINESS BONDING FUND

151322

Notwithstanding Chapters 122., 169., and 175. of the Revised	151323
Code, the Director of Development Services may, upon the	151324
recommendation of the Minority Development Financing Advisory	151325
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	151326
year 2015 biennium of unclaimed funds administered by the Director	151327
of Commerce and allocated to the Minority Business Bonding Program	151328
under section 169.05 of the Revised Code.	151329

If needed for the payment of losses arising from the Minority	151330
Business Bonding Program, the Director of Budget and Management	151331
may, at the request of the Director of Development Services,	151332
request that the Director of Commerce transfer unclaimed funds	151333
that have been reported by holders of unclaimed funds under	151334
section 169.05 of the Revised Code to the Minority Bonding Fund	151335
(Fund 4490). The transfer of unclaimed funds shall only occur	151336
after proceeds of the initial transfer of $2,700,000 by the	151337
Controlling Board to the Minority Business Bonding Program have	151338
been used for that purpose. If expenditures are required for	151339
payment of losses arising from the Minority Business Bonding	151340
Program, such expenditures shall be made from appropriation item	151341
195658, Minority Business Bonding Contingency in the Minority	151342
Business Bonding Fund, and such amounts are hereby appropriated.	151343

INCUMBENT WORKFORCE TRAINING VOUCHERS

151344

(A) The Director of Budget and Management may transfer up to	151345
$30,000,000 cash in each fiscal year from the Economic Development	151346
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	151347
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	151348
Development Services Agency.	151349

(B) Of the foregoing appropriation item 195526, Incumbent	151350
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	151351
shall be used to support the Ohio Incumbent Workforce Training	151352
Voucher Program.	151353

(C) The Ohio Incumbent Workforce Training Voucher Program	151354
shall conform to guidelines for the operation of the program,	151355
including, but not limited to, the following:	151356

(1) A requirement that a training voucher under the program	151357
shall not exceed $6,000 per worker per year;	151358

(2) A provision for an employer of an eligible employee to	151359
apply for a voucher on behalf of the eligible employee;	151360

(3) A provision for an eligible employee to apply directly	151361
for a training voucher with the pre-approval of the employee's	151362
employer; and	151363

(4) A requirement that an employee participating in the	151364
program, or the employee's employer, shall pay for not less than	151365
thirty-three per cent of the training costs under the program.	151366

On July 1, 2014, or as soon as possible thereafter, the	151367
Director of Development Services may request that the Director of	151368
Budget and Management reappropriate any unexpended, unencumbered	151369
balance of the prior fiscal year's appropriation to the foregoing	151370
appropriation item 195526, Incumbent Workforce Training Vouchers,	151371
for fiscal year 2015. The Director of Budget and Management may	151372
request additional information necessary for evaluating the	151373
request, and the Director of Development Services shall provide	151374
the requested information to the Director of Budget and	151375
Management. Based on the information provided by the Director of	151376
Development Services, the Director of Budget and Management shall	151377
determine the amount to be reappropriated, and those amounts are	151378
hereby reappropriated for fiscal year 2015.	151379

DEFENSE DEVELOPMENT ASSISTANCE

151380

The Director of Budget and Management shall transfer up to	151381
$5,000,000 in cash in each fiscal year from the Economic	151382
Development Programs Fund (Fund 5JC0) used by the Board of Regents	151383
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	151384
by the Development Services Agency. The transferred funds shall be	151385
used for appropriation item 195622, Defense Development	151386
Assistance, for economic development programs and the creation of	151387
new jobs to leverage and support mission gains at Department of	151388
Defense facilities in Ohio by working with future base realignment	151389
and closure activities and ongoing Department of Defense	151390
efficiency initiatives, assisting efforts to secure Department of	151391
Defense support contracts for Ohio companies, assessing and	151392
supporting regional job training and workforce development needs	151393
generated by the Department of Defense and the Ohio aerospace	151394
industry, and for expanding job training and economic development	151395
programs in human performance related initiatives. A portion of	151396
these funds shall be matched in the aggregate amount of $5,000,000	151397
by either public or private industry partners, educational	151398
entities, or federal agencies.	151399

Of the foregoing appropriation item 195622, Defense	151400
Development Assistance, $3,000,000 shall be used by Applied	151401
Research Corporation to support education or research projects	151402
conducted by public-private partnerships in Ohio that seek to	151403
develop and train the workforce of Ohio in all industries.	151404

On July 1, 2014, or as soon as possible thereafter, the	151405
Director of Development Services may request that the Director of	151406
Budget and Management reappropriate any unexpended, unencumbered	151407
balance of the prior fiscal year's appropriation to the foregoing	151408
appropriation item 195622, Defense Development Assistance, for	151409
fiscal year 2015. The Director of Budget and Management may	151410
request additional information necessary for evaluating the	151411
request, and the Director of Development Services shall provide	151412
the requested information to the Director of Budget and	151413
Management. Based on the information provided by the Director of	151414
Development Services, the Director of Budget and Management shall	151415
determine the amount to be reappropriated, and those amounts are	151416
hereby reappropriated for fiscal year 2015.	151417

ADVANCED ENERGY LOAN PROGRAMS

151418

The foregoing appropriation item 195660, Advanced Energy Loan	151419
Programs, shall be used to provide financial assistance to	151420
customers for eligible advanced energy projects for residential,	151421
commercial, and industrial business, local government, educational	151422
institution, nonprofit, and agriculture customers, and to pay for	151423
the program's administrative costs as provided in sections 4928.61	151424
to 4928.63 of the Revised Code and rules adopted by the Director	151425
of Development Services.	151426

TOURISMOHIO ADMINISTRATION

151427

Of the foregoing appropriation item 195683, TourismOhio	151428
Administration, $1,000,000 in fiscal year 2014 shall be used to	151429
administer a program established by the Development Services	151430
Agency pursuant to section 122.121 of the Revised Code.	151431

VOLUME CAP ADMINISTRATION

151432

The foregoing appropriation item 195654, Volume Cap	151433
Administration, shall be used for expenses related to the	151434
administration of the Volume Cap Program. Revenues received by the	151435
Volume Cap Administration Fund (Fund 6170) shall consist of	151436
application fees, forfeited deposits, and interest earned from the	151437
custodial account held by the Treasurer of State.	151438

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

151439

The foregoing appropriation item 195628, Capital Access Loan	151440
Program, shall be used for operating, program, and administrative	151441
expenses of the program. Funds of the Capital Access Loan Program	151442
shall be used to assist participating financial institutions in	151443
making program loans to eligible businesses that face barriers in	151444
accessing working capital and obtaining fixed-asset financing.	151445

INNOVATION OHIO LOAN FUND

151446

The foregoing appropriation item 195664, Innovation Ohio,	151447
shall be used to provide for Innovation Ohio purposes, including	151448
loan guarantees and loans under Chapter 166. and particularly	151449
sections 166.12 to 166.16 of the Revised Code.	151450

RESEARCH AND DEVELOPMENT

151451

The foregoing appropriation item 195665, Research and	151452
Development, shall be used to provide for research and development	151453
purposes, including loans, under Chapter 166. and particularly	151454
sections 166.17 to 166.21 of the Revised Code.	151455

FACILITIES ESTABLISHMENT

151456

The foregoing appropriation item 195615, Facilities	151457
Establishment, shall be used for the purposes of the Facilities	151458
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	151459
Code.	151460

Notwithstanding Chapter 166. of the Revised Code, an amount	151461
not to exceed $3,000,000 in cash in each fiscal year may be	151462
transferred from the Facilities Establishment Fund (Fund 7037) to	151463
the Business Assistance Fund (Fund 4510). The transfer is subject	151464
to Controlling Board approval under division (B) of section 166.03	151465
of the Revised Code.	151466

Notwithstanding Chapter 166. of the Revised Code, the	151467
Director of Budget and Management may transfer an amount not to	151468
exceed $1,000,000 in cash in each fiscal year from the Facilities	151469
Establishment Fund (Fund 7037) to the Minority Business Enterprise	151470
Loan Fund (Fund 4W10).	151471

Notwithstanding Chapter 166. of the Revised Code, the	151472
Director of Budget and Management may transfer an amount not to	151473
exceed $2,000,000 in cash in each fiscal year from the Facilities	151474
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	151475
(Fund 5S90).	151476

Section 257.70. CLEAN OHIO OPERATING EXPENSES

151477

The foregoing appropriation item 195663, Clean Ohio Program,	151478
shall be used by the Development Services Agency in administering	151479
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	151480
sections 122.65 to 122.658 of the Revised Code.	151481

Section 257.80. THIRD FRONTIER OPERATING

151482

The foregoing appropriation items 195686, Third Frontier	151483
Operating, and 195620, Third Frontier Operating - Tax, shall be	151484
used for operating expenses incurred by the Development Services	151485
Agency in administering projects pursuant to sections 184.10 to	151486
184.20 of the Revised Code. Operating expenses paid from item	151487
195686 shall be limited to the administration of projects funded	151488
from the Third Frontier Research & Development Fund (Fund 7011)	151489
and operating expenses paid from item 195620 shall be limited to	151490
the administration of projects funded from the Third Frontier	151491
Research & Development Taxable Bond Project Fund (Fund 7014).	151492

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	151493
AND DEVELOPMENT TAXABLE BOND PROJECTS	151494

The foregoing appropriation items 195687, Third Frontier	151495
Research & Development Projects, 195692, Research & Development	151496
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	151497
shall be used by the Development Services Agency to fund selected	151498
projects. Eligible costs are those costs of research and	151499
development projects to which the proceeds of the Third Frontier	151500
Research & Development Fund (Fund 7011) and the Research &	151501
Development Taxable Bond Project Fund (Fund 7014) are to be	151502
applied.	151503

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

151504

The Director of Budget and Management may approve written	151505
requests from the Director of Development Services for the	151506
transfer of appropriations between appropriation items 195687,	151507
Third Frontier Research & Development Projects, and 195692,	151508
Research & Development Taxable Bond Projects, based upon awards	151509
recommended by the Third Frontier Commission. The transfers are	151510
subject to approval by the Controlling Board.	151511

In fiscal year 2015, the Director of Development Services may	151512
request that the Director of Budget and Management reappropriate	151513
any unexpended, unencumbered balances of the prior fiscal year's	151514
appropriation to the foregoing appropriation items 195687, Third	151515
Frontier Research & Development Projects, and 195692, Research &	151516
Development Taxable Bond Projects, for fiscal year 2015. The	151517
Director of Budget and Management may request additional	151518
information necessary for evaluating these requests, and the	151519
Director of Development Services shall provide the requested	151520
information to the Director of Budget and Management. Based on the	151521
information provided by the Director of Development Services, the	151522
Director of Budget and Management shall determine the amounts to	151523
be reappropriated, and those amounts are hereby reappropriated for	151524
fiscal year 2015.	151525

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

151526

The Ohio Public Facilities Commission is hereby authorized to	151527
issue and sell, in accordance with Section 2p of Article VIII,	151528
Ohio Constitution, and particularly sections 151.01 and 151.10 of	151529
the Revised Code, original obligations of the State of Ohio in an	151530
aggregate amount not to exceed $350,000,000 in addition to the	151531
original issuance of obligations authorized by prior acts of the	151532
General Assembly. The authorized obligations shall be issued and	151533
sold from time to time and in amounts necessary to ensure	151534
sufficient moneys to the credit of the Third Frontier Research and	151535
Development Fund (Fund 7011) and the Third Frontier Research and	151536
Development Taxable Bond Fund (Fund 7014) to pay costs of research	151537
and development projects.	151538

Section 257.90. JOB READY SITE PROGRAM

151539

The foregoing appropriation item 195688, Job Ready Site	151540
Development, shall be used for operating expenses incurred by the	151541
Development Services Agency in administering Job Ready Site	151542
Development Fund (Fund 7012) projects pursuant to sections 122.085	151543
to 122.0820 of the Revised Code. Operating expenses include, but	151544
are not limited to, certain qualified expenses of the District	151545
Public Works Integrating Committees, as applicable, engineering	151546
review of submitted applications by the State Architect or a	151547
third-party engineering firm, audit and accountability activities,	151548
and costs associated with formal certifications verifying that	151549
site infrastructure is in place and is functional.	151550

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

151551

On July 1, 2013, or as soon as possible thereafter, the	151552
Director of Budget and Management may transfer up to the cash	151553
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	151554
and the Tax Credit Operating Fund (Fund 4S10) to the Business	151555
Assistance Fund (Fund 4510).	151556

On July 1, 2013, or as soon as possible thereafter, the	151557
Director of Budget and Management may transfer up to the cash	151558
balances in the Family Farm Loan Fund (Fund 5H10) and the First	151559
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	151560
7037).	151561

On July 1, 2013, or as soon as possible thereafter, the	151562
Director of Budget and Management may transfer up to the cash	151563
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	151564
New Markets Tax Credit Program Fund (Fund 5JR0).	151565

On July 1, 2013, or as soon as possible thereafter, the	151566
Director of Budget and Management may transfer up to the cash	151567
balances in the Water and Sewer Fund (Fund 4440) and the Water and	151568
Sewer Administrative Fund (Fund 6110) to the General	151569
Reimbursements Fund (Fund 6850).	151570

On July 1, 2013, or as soon as possible thereafter, the	151571
Director of Budget and Management may transfer up to the cash	151572
balance in the Local Government Services Collaboration Grant Fund	151573
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	151574

(B) ABOLISHMENT OF FUNDS

151575

On July 1, 2013, or as soon as possible thereafter, upon	151576
completion of a transfer of the cash balance in a fund as	151577
described in division (A) of this section by the Director of	151578
Budget and Management, notwithstanding the establishment authority	151579
of the fund, the fund is hereby abolished.	151580

On July 1, 2013, or as soon as possible thereafter, the	151581
Director of Budget and Management shall transfer the cash balance	151582
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	151583
Establishment Fund (Fund 7037). After completion of the transfer	151584
and on the effective date of its repeal by this act, Fund 7022	151585
shall be abolished.	151586

The following funds are determined to be dormant and shall be	151587
abolished on the effective date of their repeal by this act:	151588
Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites Fund	151589
(Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	151590
Development and Assistance Fund (Fund 5LK0), Clean Ohio	151591
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	151592
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	151593

151594

On July 1, 2013, or as soon as possible thereafter, the	151595
Director of Budget and Management may determine whether the	151596
following funds are dormant. If the Director of Budget and	151597
Management determines a fund to be dormant, notwithstanding the	151598
establishment authority of the fund, the fund is hereby abolished.	151599
The funds are:	151600

Fund Number	Fund Name	151601
1360	International Trade	151602
3800	Ohio Housing Agency	151603
3BJ0	TANF Heating Assistance	151604
3X30	TANF Housing	151605
4450	OHFA Administration	151606
4480	Ohio Coal Development	151607
4D00	Public & Private Assistance	151608
5CV0	Defense Conversion Assistance	151609
5D10	Port Authority Bond Reserves	151610
5D20	Urban Redevelopment Loan	151611
5F70	Local Government Y2K Loan Program	151612
5X50	Family Homelessness Prevention Pilot	151613
5Y60	Economic Development Contingency	151614
5Z30	Jobs	151615
QA70	Electric Revenue Development	151616

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

151617

General Revenue Fund	151618

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	151619
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	151620
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	151621
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	151622
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	151623
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	151624
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	151625
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	151626
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	151627
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	151628
TOTAL GRF General Revenue Fund			$	524,186,339	$	531,937,865	151629

General Services Fund Group	151630

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		151631
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		151632

Federal Special Revenue Fund Group	151633

3A50	320613	DD Council	$	3,297,656	$	3,324,187	151634
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	151635
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	151636
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	151637
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	151638
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	151639
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	151640
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	151641
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	151642

State Special Revenue Fund Group	151643

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	151644
2210	322620	Supplement Service Trust	$	150,000	$	150,000	151645
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	151646
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	151647
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	151648
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	151649
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	151650
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	151651
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	151652
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	151653
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	151654
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	151655
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	151656
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	151657
TOTAL ALL BUDGET FUND GROUPS			$	2,530,404,582	$	2,695,314,971	151658

Section 259.20. LEASE-RENTAL PAYMENTS

151660

The foregoing appropriation item 320415, Lease-Rental	151661
Payments, shall be used to meet all payments at the times they are	151662
required to be made during the period from July 1, 2013, through	151663
June 30, 2015, by the Department of Developmental Disabilities	151664
under leases and agreements made under section 154.20 of the	151665
Revised Code. These appropriations are the source of funds pledged	151666
for bond service charges on related obligations issued under	151667
Chapter 154. of the Revised Code.	151668

Section 259.30. SCREENING AND EARLY INTERVENTION

151669

The foregoing appropriation item 322420, Screening and Early	151670
Intervention, shall be used for screening and early intervention	151671
programs for children with autism selected by the Director of	151672
Developmental Disabilities.	151673

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

151674

The foregoing appropriation item 322451, Family Support	151675
Services, may be used as follows in fiscal year 2014 and fiscal	151676
year 2015:	151677

(A) The appropriation item may be used to provide a subsidy	151678
to county boards of developmental disabilities for family support	151679
services provided under section 5126.11 of the Revised Code. The	151680
subsidy shall be paid in quarterly installments and allocated to	151681
county boards according to a formula the Director of Developmental	151682
Disabilities shall develop in consultation with representatives of	151683
county boards. A county board shall use not more than seven per	151684
cent of its subsidy for administrative costs.	151685

(B) The appropriation item may be used to distribute funds to	151686
county boards for the purpose of addressing economic hardships and	151687
to promote efficiency of operations. In consultation with	151688
representatives of county boards, the Director shall determine the	151689
amount of funds to distribute for these purposes and the criteria	151690
for distributing the funds.	151691

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

151692

(A) Except as provided in the section of this act titled	151693
"NONFEDERAL SHARE OF ICF/IID SERVICES," the foregoing	151694
appropriation item 322501, County Boards Subsidies, shall be used	151695
for the following purposes:	151696

(1) To provide a subsidy to county boards of developmental	151697
disabilities in quarterly installments and allocated according to	151698
a formula developed by the Director of Developmental Disabilities	151699
in consultation with representatives of county boards. Except as	151700
provided in section 5126.0511 of the Revised Code or in division	151701
(B) of this section, county boards shall use the subsidy for early	151702
childhood services and adult services provided under section	151703
5126.05 of the Revised Code, service and support administration	151704
provided under section 5126.15 of the Revised Code, or supported	151705
living as defined in section 5126.01 of the Revised Code.	151706

(2) To provide funding, as determined necessary by the	151707
Director, for residential services, including room and board, and	151708
support service programs that enable individuals with	151709
developmental disabilities to live in the community.	151710

(3) To distribute funds to county boards of developmental	151711
disabilities to address economic hardships and promote efficiency	151712
of operations. The Director shall determine, in consultation with	151713
representatives of county boards, the amount of funds to	151714
distribute for these purposes and the criteria for distributing	151715
the funds.	151716

(B) In collaboration with the county's family and children	151717
first council, a county board of developmental disabilities may	151718
transfer portions of funds received under this section, to a	151719
flexible funding pool in accordance with the section of this act	151720
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	151721

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

151722

As used in this section, "home and community-based services"	151723
has the same meaning as in section 5123.01 of the Revised Code.	151724

The Director of Developmental Disabilities shall establish a	151725
methodology to be used in fiscal year 2014 and fiscal year 2015 to	151726
estimate the quarterly amount each county board of developmental	151727
disabilities is to pay of the nonfederal share of home and	151728
community-based services that section 5126.0510 of the Revised	151729
Code requires county boards to pay. Each quarter, the Director	151730
shall submit to a county board written notice of the amount the	151731
county board is to pay for that quarter. The notice shall specify	151732
when the payment is due.	151733

Section 259.70. TAX EQUITY

151734

Notwithstanding section 5126.18 of the Revised Code, the	151735
foregoing appropriation item 322503, Tax Equity, may be used to	151736
distribute funds to county boards of developmental disabilities to	151737
address economic hardships and promote efficiency of operations.	151738
The Director of Developmental Disabilities shall determine, in	151739
consultation with representatives of county boards, the amount of	151740
funds to distribute for these purposes and the criteria for	151741
distributing the funds.	151742

Section 259.80. MEDICAID SERVICES

151743

Except as provided in section 5123.0416 of the Revised Code,	151744
the purposes for which the foregoing appropriation item 653407,	151745
Medicaid Services, shall be used include the following:	151746

(A) Home and community-based services, as defined in section	151747
5123.01 of the Revised Code;	151748

(B) Implementation of the requirements of the agreement	151749
settling the consent decree in Sermak v. Manuel, Case No.	151750
C-2-80-220, United States District Court for the Southern District	151751
of Ohio, Eastern Division;	151752

(C) Implementation of the requirements of the agreement	151753
settling the consent decree in the Martin v. Strickland, Case No.	151754
89-CV-00362, United States District Court for the Southern	151755
District of Ohio, Eastern Division;	151756

(D) ICF/IID services, as defined in section 5124.01 of the	151757
Revised Code;	151758

(E) Other programs as identified by the Director of	151759
Developmental Disabilities.	151760

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

151761

The foregoing appropriation item 322508, Employment First	151762
Pilot Program, shall be used to increase employment opportunities	151763
for individuals with developmental disabilities through the	151764
Employment First Initiative in accordance with section 5123.022 of	151765
the Revised Code.	151766

Of the foregoing appropriation item, 322508, Employment First	151767
Pilot Program, the Director of Developmental Disabilities shall	151768
transfer, in each fiscal year, to the Opportunities for Ohioans	151769
with Disabilities Agency an amount agreed upon by the Director of	151770
Developmental Disabilities and the Executive Director of the	151771
Opportunities for Ohioans with Disabilities Agency. The transfer	151772
shall be made via an intrastate transfer voucher. The transferred	151773
funds shall be used to support the Employment First Pilot Program.	151774
The Opportunities for Ohioans with Disabilities Agency shall use	151775
the funds transferred as state matching funds to obtain available	151776
federal grant dollars for vocational rehabilitation services. Any	151777
federal match dollars received by the Opportunities for Ohioans	151778
with Disabilities Agency shall be used for the pilot program. The	151779
Director of Developmental Disabilities and the Executive Director	151780
of the Opportunities for Ohioans with Disabilities Agency shall	151781
enter into an interagency agreement in accordance with section	151782
3304.181 of the Revised Code that will specify the	151783
responsibilities of each agency under the pilot program. Under the	151784
interagency agreement, the Opportunities for Ohioans with	151785
Disabilities Agency shall retain responsibility for eligibility	151786
determination, order of selection, plan approval, plan amendment,	151787
and release of vendor payments.	151788

The remainder of appropriation item 322508, Employment First	151789
Pilot Program, shall be used to develop a long term, sustainable	151790
system that places individuals with developmental disabilities in	151791
community employment, as defined in section 5123.022 of the	151792
Revised Code.	151793

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

151794

If an employment first task force is established by the	151795
Director of Developmental Disabilities in accordance with section	151796
5123.023 of the Revised Code, the Director of Budget and	151797
Management shall establish an appropriation item from the	151798
Employment First Taskforce Fund for use by the Department of	151799
Developmental Disabilities to support the work of the task force.	151800
In fiscal year 2014 and fiscal year 2015, if an employment first	151801
task force is established, the Director of Developmental	151802
Disabilities shall certify to the Director of Budget and	151803
Management the appropriation amounts necessary for the Department	151804
of Developmental Disabilities to fulfill its obligation to support	151805
the work of the task force. Once the certification required under	151806
this section has been submitted and approved by the Director of	151807
Budget and Management, the appropriations established under this	151808
section are hereby appropriated in the amounts approved by the	151809
Director of Budget and Management.	151810

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

151811

On July 1, 2013, or as soon as possible thereafter, the	151812
Director of Developmental Disabilities shall request the Director	151813
of Budget and Management to transfer the cash balance in the Home	151814
and Community-Based Services Fund (Fund 4K80) to the Operating and	151815
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	151816
4K80 is hereby abolished. The Director of Budget and Management	151817
shall cancel any existing encumbrances against appropriation item	151818
322604, Medicaid Waiver – State Match, and reestablish them	151819
against appropriation item 653606, ICF/IID and Waiver Match. The	151820
reestablished encumbrance amounts are hereby appropriated.	151821

Section 259.120. OPERATING AND SERVICES

151822

Of the foregoing appropriation item 320606, Operating and	151823
Services, $100,000 in each fiscal year shall be provided to the	151824
Ohio Center for Autism and Low Incidence to establish a lifespan	151825
autism hub to support families and professionals.	151826

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

151827

County boards of developmental disabilities shall pay the	151828
nonfederal portion of targeted case management costs to the	151829
Department of Developmental Disabilities.	151830

The Director of Developmental Disabilities and the Medicaid	151831
Director may enter into an interagency agreement under which the	151832
Department of Developmental Disabilities shall transfer cash from	151833
the Targeted Case Management Fund (Fund 5DJ0) to the Health	151834
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	151835
Department of Medicaid in an amount equal to the nonfederal	151836
portion of the cost of targeted case management services paid by	151837
county boards. Under the agreement, the Department of Medicaid	151838
shall pay the total cost of targeted case management claims. The	151839
transfer shall be made using an intrastate transfer voucher.	151840

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

151841

If a county board of developmental disabilities does not	151842
fully pay any amount owed to the Department of Developmental	151843
Disabilities by the due date established by the Department, the	151844
Director of Developmental Disabilities may withhold the amount the	151845
county board did not pay from any amounts due to the county board.	151846
The Director may use any appropriation item or fund used by the	151847
Department to transfer cash to any other fund used by the	151848
Department in an amount equal to the amount owed the Department	151849
that the county board did not pay. Transfers under this section	151850
shall be made using an intrastate transfer voucher.	151851

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

151852

Developmental centers of the Department of Developmental	151853
Disabilities may provide services to persons with mental	151854
retardation or developmental disabilities living in the community	151855
or to providers of services to these persons. The Department may	151856
develop a method for recovery of all costs associated with the	151857
provision of these services.	151858

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	151859
PHARMACY PROGRAMS	151860

The Director of Developmental Disabilities shall quarterly	151861
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	151862
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	151863
by the Department of Medicaid, in an amount equal to the	151864
nonfederal share of Medicaid prescription drug claim costs for all	151865
developmental centers paid by the Department of Medicaid. The	151866
quarterly transfer shall be made using an intrastate transfer	151867
voucher.	151868

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	151869
SERVICES	151870

Any county funds received by the Department of Developmental	151871
Disabilities from county boards of developmental disabilities for	151872
active treatment shall be deposited in the Developmental	151873
Disabilities Operating Fund (Fund 4890).	151874

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

151875

(A) In fiscal year 2014 and fiscal year 2015, the Director of	151876
Developmental Disabilities may authorize the continuation or	151877
implementation of one or more innovative pilot projects that, in	151878
the judgment of the Director, are likely to assist in promoting	151879
the objectives of Chapter 5123. or 5126. of the Revised Code.	151880
Subject to division (B) of this section and notwithstanding any	151881
provision of Chapters 5123. and 5126. of the Revised Code and any	151882
rule adopted under either chapter, a pilot project authorized by	151883
the Director may be continued or implemented in a manner	151884
inconsistent with one or more provisions of either chapter or one	151885
or more rules adopted under either chapter. Before authorizing a	151886
pilot program, the Director shall consult with entities interested	151887
in the issue of developmental disabilities, including the Ohio	151888
Provider Resource Association, Ohio Association of County Boards	151889
of Developmental Disabilities, Ohio Health Care Association/Ohio	151890
Centers for Intellectual Disabilities, the Values and Faith	151891
Alliance, and ARC of Ohio.	151892

(B) The Director may not authorize a pilot project to be	151893
implemented in a manner that would cause the state to be out of	151894
compliance with any requirements for a program funded in whole or	151895
in part with federal funds.	151896

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	151897
APPROPRIATION ITEM STRUCTURE	151898

Upon request from the Director of Developmental Disabilities,	151899
the Director of Budget and Management may establish new funds, new	151900
appropriation items, and appropriations in order to support the	151901
transition to a new appropriation item structure in the Department	151902
of Developmental Disabilities' budget. Also, upon request of the	151903
Director of Developmental Disabilities, the Director of Budget and	151904
Management may transfer appropriations between GRF appropriation	151905
items, transfer cash between any funds used by the Department of	151906
Developmental Disabilities, abolish existing funds used by the	151907
Department of Developmental Disabilities, and cancel and	151908
reestablish encumbrances. Any establishment of new funds or	151909
appropriation items, any transfers of appropriations or cash, and	151910
any increases in appropriation under this section are subject to	151911
Controlling Board approval.	151912

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	151913
ICFs/IID	151914

(A) As used in this section:

151915

"Change of operator," "entering operator," "exiting	151916
operator," "ICF/IID," "ICF/IID services," "Medicaid days," "new	151917
ICF/IID," "provider," and "provider agreement" have the same	151918
meanings as in section 5124.01 of the Revised Code.	151919

"Franchise permit fee" means the fee imposed by sections	151920
5168.60 to 5168.71 of the Revised Code.	151921

"Modified per diem rate" means the total per Medicaid day	151922
payment rate calculated for an ICF/IID under division (C) of this	151923
section.	151924

"Unmodified per diem rate" means the total per Medicaid day	151925
payment rate calculated for an ICF/IID under Chapter 5124. of the	151926
Revised Code. In the case of a new ICF/IID, "unmodified per diem	151927
rate" means the initial total per Medicaid day payment rate	151928
calculated for the new ICF/IID under section 5124.151 of the	151929
Revised Code.	151930

(B) This section applies to each ICF/IID provider to which	151931
any of the following applies:	151932

(1) The provider has a valid Medicaid provider agreement for	151933
the ICF/IID on June 30, 2013, and a valid Medicaid provider	151934
agreement for the ICF/IID during fiscal year 2014.	151935

(2) The ICF/IID undergoes a change of operator that takes	151936
effect during fiscal year 2014, the exiting operator has a valid	151937
Medicaid provider agreement for the ICF/IID on the day immediately	151938
preceding the effective date of the change of operator, and the	151939
entering operator has a valid Medicaid provider agreement for the	151940
ICF/IID during fiscal year 2014.	151941

(3) The ICF/IID is a new ICF/IID for which the provider	151942
obtains an initial provider agreement during fiscal year 2014.	151943

(C)(1) Except as otherwise provided in this section, an	151944
ICF/IID provider to which this section applies shall be paid, for	151945
ICF/IID services the ICF/IID provides during fiscal year 2014, the	151946
total modified per diem rate determined for the ICF/IID under this	151947
division.	151948

(2) Except in the case of a new ICF/IID, an ICF/IID's total	151949
modified per diem rate for fiscal year 2014 shall be the ICF/IID's	151950
total unmodified per diem rate for that fiscal year with the	151951
following modifications:	151952

(a) In place of the inflation adjustment otherwise made under	151953
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	151954
actual, allowable, per diem other protected costs, excluding the	151955
franchise permit fee, from calendar year 2012 shall be multiplied	151956
by 1.014.	151957

(b) In place of the maximum cost per case-mix unit	151958
established for the ICF/IID's peer group under division (C) of	151959
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	151960
per case-mix unit shall be the following:	151961

(i) In the case of an ICF/IID with more than eight beds,	151962
$123.05;	151963

(ii) In the case of an ICF/IID with eight or fewer beds,	151964
$117.22.	151965

(c) In place of the inflation adjustment otherwise calculated	151966
under division (D) of section 5124.19 of the Revised Code for the	151967
purpose of division (A)(1)(b) of that section, an inflation	151968
adjustment of 1.014 shall be used.	151969

(d) In place of the maximum rate for indirect care costs	151970
established for the ICF/IID's peer group under division (C) of	151971
section 5124.21 of the Revised Code, the maximum rate for indirect	151972
care costs for the ICF/IID's peer group shall be the following:	151973

(i) In the case of an ICF/IID with more than eight beds,	151974
$68.98;	151975

(ii) In the case of an ICF/IID with eight or fewer beds,	151976
$59.60.	151977

(e) In place of the inflation adjustment otherwise calculated	151978
under division (D)(1) of section 5124.21 of the Revised Code for	151979
the purpose of division (B)(1) of that section only, an inflation	151980
adjustment of 1.014 shall be used.	151981

(f) In place of the efficiency incentive otherwise calculated	151982
under division (B)(2) or (3) of section 5124.21 of the Revised	151983
Code, the ICF/IID's efficiency incentive for indirect care costs	151984
shall be the following:	151985

(i) In the case of an ICF/IID with more than eight beds,	151986
$3.69;	151987

(ii) In the case of an ICF/IID with eight or fewer beds,	151988
$3.19.	151989

(g) The ICF/IID's efficiency incentive for capital costs, as	151990
determined under division (E) of section 5124.17 of the Revised	151991
Code, shall be reduced by 50%.	151992

(3) In the case of a new ICF/IID, the ICF/IID's initial total	151993
modified per diem rate for fiscal year 2014 shall be the ICF/IID's	151994
total unmodified per diem rate for that fiscal year with the	151995
following modifications:	151996

(a) In place of the amount determined under division	151997
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	151998
cost or resident assessment data for the new ICF/IID, the new	151999
ICF/IID's initial per Medicaid day rate for direct care costs	152000
shall be determined as follows:	152001

(i) Using the costs per case-mix units determined for	152002
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	152003
of the 129th General Assembly, as amended by this act, determine	152004
the median of the costs per case-mix units of each peer group;	152005

(ii) Multiply the median determined under division	152006
(C)(3)(a)(i) of this section by the median of the averages	152007
determined under division (C)(3)(a) of Section 11 of Sub. H.B. 303	152008
of the 129th General Assembly, as amended by this act, for the	152009
ICFs/IID in the new ICF/IID's peer group;	152010

(iii) Multiply the product determined under division	152011
(C)(3)(a)(ii) of this section by 1.014.	152012

(b) In place of the amount determined under division (A)(3)	152013
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152014
per Medicaid day rate for indirect care costs shall be the	152015
following:	152016

(i) If the new ICF/IID has more then eight beds, $68.98;

152017

(ii) If the new ICF/IID has eight or fewer beds, $59.60.

152018

(c) In place of the amount determined under division (A)(4)	152019
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152020
per Medicaid day rate for other protected costs shall be one	152021
hundred fifteen per cent of the median rate for ICFs/IID	152022
determined under section 5124.23 of the Revised Code with the	152023
modification made under division (C)(2)(a) of this section.	152024

(4) A new ICF/IID's initial total modified per diem rate for	152025
fiscal year 2014 as determined under division (C)(3) of this	152026
section shall be adjusted at the applicable time specified in	152027
division (B) of section 5124.151 of the Revised Code. If the	152028
adjustment affects the ICF/IID's rate for ICF/IID services	152029
provided during fiscal year 2014, the modifications specified in	152030
division (C)(2) of this section apply to the adjustment.	152031

(D) If the mean total per diem rate for all ICFs/IID to which	152032
this section applies, weighted by May 2013 Medicaid days and	152033
determined under division (C) of this section as of July 1, 2013,	152034
is other than $282.84, the Department of Developmental	152035
Disabilities shall adjust, for fiscal year 2014, the total per	152036
diem rate for each ICF/IID to which this section applies by a	152037
percentage that is equal to the percentage by which the mean total	152038
per diem rate is greater or less than $282.84.	152039

(E) If the United States Centers for Medicare and Medicaid	152040
Services requires that the franchise permit fee be reduced or	152041
eliminated, the Department of Developmental Disabilities shall	152042
reduce the amount it pays ICF/IID providers under this section as	152043
necessary to reflect the loss to the state of the revenue and	152044
federal financial participation generated from the franchise	152045
permit fee.	152046

(F) The Department of Developmental Disabilities shall follow	152047
this section in determining the rate to be paid ICF/IID providers	152048
subject to this section notwithstanding anything to the contrary	152049
in Chapter 5124. of the Revised Code.	152050

(G) Of the foregoing appropriation items 653407, Medicaid	152051
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	152052
portions shall be used to pay the Medicaid payment rates	152053
determined in accordance with this section for ICF/IID services	152054
provided during fiscal year 2014.	152055

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	152056
ICFs/IID	152057

(A) As used in this section:

152058

"Change of operator," "entering operator," "exiting	152059
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	152060
"provider," and "provider agreement" have the same meanings as in	152061
section 5124.01 of the Revised Code.	152062

"Franchise permit fee" means the fee imposed by sections	152063
5168.60 to 5168.71 of the Revised Code.	152064

"Modified per diem rate" means the total per Medicaid day	152065
payment rate calculated for an ICF/IID under division (C) of this	152066
section.	152067

"Unmodified per diem rate" means the total per Medicaid day	152068
payment rate calculated for an ICF/IID under Chapter 5124. of the	152069
Revised Code. In the case of a new ICF/IID, "unmodified per diem	152070
rate" means the initial total per Medicaid day payment rate	152071
calculated for the new ICF/IID under section 5124.151 of the	152072
Revised Code.	152073

(B) This section applies to each ICF/IID provider to which	152074
any of the following applies:	152075

(1) The provider has a valid Medicaid provider agreement for	152076
the ICF/IID on June 30, 2014, and a valid Medicaid provider	152077
agreement for the ICF/IID during fiscal year 2015.	152078

(2) The ICF/IID undergoes a change of operator that takes	152079
effect during fiscal year 2015, the exiting operator has a valid	152080
Medicaid provider agreement for the ICF/IID on the day immediately	152081
preceding the effective date of the change of operator, and the	152082
entering operator has a valid Medicaid provider agreement for the	152083
ICF/IID during fiscal year 2015.	152084

(3) The ICF/IID is a new ICF/IID for which the provider	152085
obtains an initial provider agreement during fiscal year 2015.	152086

(C)(1) Except as otherwise provided in this section, an	152087
ICF/IID provider to which this section applies shall be paid, for	152088
ICF/IID services the ICF/IID provides during fiscal year 2015, the	152089
total modified per diem rate determined for the ICF/IID under this	152090
division.	152091

(2) Except in the case of a new ICF/IID, an ICF/IID's total	152092
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	152093
total unmodified per diem rate for that fiscal year with the	152094
following modifications:	152095

(a) In place of the inflation adjustment otherwise made under	152096
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	152097
actual, allowable, per diem other protected costs, excluding the	152098
franchise permit fee, from calendar year 2013 shall be multiplied	152099
by 1.014.	152100

(b) In place of the maximum cost per case-mix unit	152101
established for the ICF/IID's peer group under division (C) of	152102
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	152103
per case-mix unit shall be the following:	152104

(i) In the case of an ICF/IID with more than eight beds,	152105
$114.37 or the different amount, if any, specified in a future	152106
amendment to this section made under division (D)(3) of this	152107
section;	152108

(ii) In the case of an ICF/IID with eight or fewer beds,	152109
$109.09 or the different amount, if any, specified in a future	152110
amendment to this section made under division (D)(3) of this	152111
section.	152112

(c) In place of the inflation adjustment otherwise calculated	152113
under division (D) of section 5124.19 of the Revised Code for the	152114
purpose of division (A)(1)(b) of that section, an inflation	152115
adjustment of 1.014 shall be used.	152116

(d) In the place of the grouper methodology prescribed, as of	152117
the day immediately before the effective date of this section, in	152118
rules authorized by section 5124.192 of the Revised Code, the new	152119
grouper methodology prescribed in rules authorized by division	152120
(D)(2)(a) of this section shall be used.	152121

(e) In place of the maximum rate for indirect care costs	152122
established for the ICF/IID's peer group under division (C) of	152123
section 5124.21 of the Revised Code, the maximum rate for indirect	152124
care costs for the ICF/IID's peer group shall be the following:	152125

(i) In the case of an ICF/IID with more than eight beds,	152126
$68.98;	152127

(ii) In the case of an ICF/IID with eight or fewer beds,	152128
$59.60.	152129

(f) In place of the inflation adjustment otherwise calculated	152130
under divisions (D)(1) and (2) of section 5124.21 of the Revised	152131
Code for the purpose of division (B)(1) of that section only, an	152132
inflation adjustment of 1.014 shall be used.	152133

(g) In place of the efficiency incentive otherwise calculated	152134
under division (B)(2) or (3) of section 5124.21 of the Revised	152135
Code, the ICF/IID's efficiency incentive for indirect care costs	152136
shall be the following:	152137

(i) In the case of an ICF/IID with more than eight beds,	152138
$3.69;	152139

(ii) In the case of an ICF/IID with eight or fewer beds,	152140
$3.19.	152141

(h) The ICF/IID's efficiency incentive for capital costs, as	152142
determined under division (E) of section 5124.17 of the Revised	152143
Code, shall be reduced by 50%.	152144

(3) In the case of a new ICF/IID, the ICF/IID's initial total	152145
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	152146
total unmodified per diem rate for that fiscal year with the	152147
following modifications:	152148

(a) In place of the amount determined under division	152149
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	152150
cost or resident assessment data for the new ICF/IID, the new	152151
ICF/IID's initial per Medicaid day rate for direct care costs	152152
shall be determined as follows:	152153

(i) Using the costs per case-mix units determined for	152154
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	152155
of the 129th General Assembly, as amended by this act, determine	152156
the median of the costs per case-mix units of each peer group;	152157

(ii) Multiply the median determined under division	152158
(C)(3)(a)(i) of this section by the median annual average case-mix	152159
score for the new ICF/IID's peer group for calendar year 2013;	152160

(iii) Multiply the product determined under division	152161
(C)(3)(a)(ii) of this section by 1.014.	152162

(b) In place of the amount determined under division (A)(3)	152163
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152164
per Medicaid day rate for indirect care costs shall be the	152165
following:	152166

(i) If the new ICF/IID has more then eight beds, $68.98;

152167

(ii) If the new ICF/IID has eight or fewer beds, $59.60.

152168

(c) In place of the amount determined under division (A)(4)	152169
of section 5124.151 of the Revised Code, the new ICF/IID's initial	152170
per Medicaid day rate for other protected costs shall be one	152171
hundred fifteen per cent of the median rate for ICFs/IID	152172
determined under section 5124.23 of the Revised Code with the	152173
modification made under division (C)(2)(a) of this section.	152174

(4) A new ICF/IID's initial total modified per diem rate for	152175
fiscal year 2015 as determined under division (C)(3) of this	152176
section shall be adjusted at the applicable time specified in	152177
division (B) of section 5124.151 of the Revised Code. If the	152178
adjustment affects the ICF/IID's rate for ICF/IID services	152179
provided during fiscal year 2015, the modifications specified in	152180
division (C)(2) of this section apply to the adjustment.	152181

(D)(1) In consultation with the Ohio Provider Resource	152182
Association, Values and Faith Alliance, Ohio Association of County	152183
Boards of Developmental Disabilities, and Ohio Health Care	152184
Association/Ohio Centers for Intellectual Disabilities, the	152185
Director of Developmental Disabilities shall study all of the	152186
following:	152187

(a) Establishing a new grouper methodology to be used when	152188
determining ICFs/IID's case-mix scores for fiscal year 2015;	152189

(b) Whether the amounts specified in division (C)(2)(b)(i)	152190
and (ii) of this section are set at levels that will avoid or	152191
minimize rate reductions under division (E) of this section;	152192

(c) For the purposes of sections 5124.153 and 5124.154 of the	152193
Revised Code, specifying additional diagnoses and special care	152194
needs that individuals must have to meet the criteria for	152195
admission to designated outlier ICFs/IID or units;	152196

(d) Sources of funding for, or mechanisms to ensure the	152197
budget neutrality of, the additional diagnoses and special care	152198
needs studied under division (D)(1)(c) of this section.	152199

(2) Not later than March 31, 2014, the Director shall adopt	152200
rules under section 5124.03 of the Revised Code to do both of the	152201
following:	152202

(a) Prescribe the following:

152203

(i) If the Director and the organizations with which the	152204
Director consults under division (D)(1) of this section agree, not	152205
later than December 31, 2013, to the terms of a new grouper	152206
methodology to be used when determining ICFs/IID's case-mix scores	152207
for fiscal year 2015, a new methodology that is consistent with	152208
those terms;	152209

(ii) If division (D)(2)(a)(i) of this section does not apply,	152210
a new grouper methodology that provides for six classes based on	152211
data available to the Director on the day immediately before the	152212
effective date of this section.	152213

(b) Specify additional diagnoses and special care needs that	152214
individuals must have to meet the criteria for admission to	152215
designated outlier ICFs/IID or units for the purposes of Medicaid	152216
payment rates under sections 5124.153 and 5124.154 of the Revised	152217
Code.	152218

(3) If the Director and the organizations with which the	152219
Director consults under divisions (D)(1) of this section agree	152220
that the amounts specified in divisions (C)(2)(b)(i) and (ii) of	152221
this section are not set at levels that will avoid or minimize	152222
rate reductions under division (E) of this section, the Director	152223
and organizations shall recommend, not later than March 31, 2014,	152224
that the General Assembly amend this section to revise the	152225
amounts. It is the General Assembly's intent to amend this section	152226
to revise the amounts specified in divisions (C)(2)(b)(i) and (ii)	152227
of this section if the Director and organizations recommend that	152228
the amounts be revised.	152229

(E) If the mean total per diem rate for all ICFs/IID to which	152230
this section applies, weighted by May 2014 Medicaid days and	152231
determined under division (C) of this section as of July 1, 2014,	152232
is other than $282.77, the Department of Developmental	152233
Disabilities shall adjust, for fiscal year 2015, the total per	152234
diem rate for each ICF/IID to which this section applies by a	152235
percentage that is equal to the percentage by which the mean total	152236
per diem rate is greater or less than $282.77.	152237

(F) If the United States Centers for Medicare and Medicaid	152238
Services requires that the franchise permit fee be reduced or	152239
eliminated, the Department of Developmental Disabilities shall	152240
reduce the amount it pays ICF/IID providers under this section as	152241
necessary to reflect the loss to the state of the revenue and	152242
federal financial participation generated from the franchise	152243
permit fee.	152244

(G) The Department of Developmental Disabilities shall follow	152245
this section in determining the rate to be paid ICF/IID providers	152246
subject to this section notwithstanding anything to the contrary	152247
in Chapter 5124. of the Revised Code.	152248

(H) Of the foregoing appropriation items 653407, Medicaid	152249
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	152250
portions shall be used to pay the Medicaid payment rates	152251
determined in accordance with this section for ICF/IID services	152252
provided during fiscal year 2015.	152253

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	152254
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/IID RESIDENTS	152255

As used in this section, "ICF/IID" and "ICF/IID services"	152256
have the same meanings as in section 5124.01 of the Revised Code.	152257

Each quarter during fiscal year 2015, the Director of	152258
Developmental Disabilities shall certify to the Director of Budget	152259
and Management the amount needed to pay the nonfederal share of	152260
the costs of the Medicaid rate add-on paid to ICFs/IID pursuant to	152261
section 5124.25 of the Revised Code for providing outlier ICF/IID	152262
services to residents who qualify for the services and are	152263
transferred to ICFs/IID from hospitals at which they receive	152264
ventilator services at the time of their transfer to the ICFs/IID.	152265

On receipt of a certification, the Director of Budget and	152266
Management shall transfer appropriations equaling the certified	152267
amount from appropriation item 651525, Medicaid/Health Care	152268
Services, to appropriation item 653407, Medicaid Services, and, in	152269
addition, shall reduce the appropriation in 651525,	152270
Medicaid/Health Care Services, by the corresponding federal share.	152271

If receipts credited to the Developmental Center and	152272
Residential Facility Services and Support Fund (Fund 3A40), used	152273
by the Department of Developmental Disabilities, exceed the	152274
amounts appropriated in appropriation item 653653, ICF/IID, the	152275
Director of Developmental Disabilities may request the Director of	152276
Budget and Management to authorize expenditures from the fund in	152277
excess of the amounts appropriated. Upon approval of the Director	152278
of Budget and Management, the additional amounts are hereby	152279
appropriated.	152280

Section 259.230. ICF/IID MEDICAID RATE WORKGROUP

152281

As used in this section, "ICF/IID," "ICF/IID services," and	152282
"Medicaid-certified capacity" have the same meanings as in section	152283
5124.01 of the Revised Code.	152284

For the purpose of assisting the Department of Developmental	152285
Disabilities during fiscal year 2014 and fiscal year 2015 with an	152286
evaluation of revisions to the formula used to determine Medicaid	152287
payment rates for ICF/IID services, the Department shall retain	152288
the workgroup that was created to assist with the study required	152289
by Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	152290
Assembly. In conducting the evaluation, the Department and	152291
workgroup shall do all of the following:	152292

(A) Focus primarily on the service needs of individuals with	152293
complex challenges that ICFs/IID are able to meet;	152294

(B) Pursue the goal of reducing the Medicaid-certified	152295
capacity of individual ICFs/IID and the total number of ICF/IID	152296
beds in the state for the purpose of increasing the service	152297
choices and community integration of individuals eligible for	152298
ICF/IID services;	152299

(C) Consider the impact that exception reviews conducted	152300
under section 5124.193 of the Revised Code have on ICFs/IID's	152301
case-mix scores.	152302

Section 259.240. NONFEDERAL SHARE OF ICF/IID SERVICES

152303

(A) As used in this section, "ICF/IID," "ICF/IID services,"	152304
and "Medicaid-certified capacity" have the same meanings as in	152305
section 5124.01 of the Revised Code.	152306

(B) The Director of Developmental Disabilities shall pay the	152307
nonfederal share of a claim for ICF/IID services using funds	152308
specified in division (C) of this section if all of the following	152309
apply:	152310

(1) Medicaid covers the ICF/IID services.

152311

(2) The ICF/IID services are provided to a Medicaid recipient	152312
to whom both of the following apply:	152313

(a) The Medicaid recipient is eligible for the ICF/IID	152314
services;	152315

(b) The Medicaid recipient does not occupy a bed in the	152316
ICF/IID that used to be included in the Medicaid-certified	152317
capacity of another ICF/IID certified by the Director of Health	152318
before June 1, 2003.	152319

(3) The ICF/IID services are provided by an ICF/IID whose	152320
Medicaid certification by the Director of Health was initiated or	152321
supported by a county board of developmental disabilities.	152322

(4) The provider of the ICF/IID services has a valid Medicaid	152323
provider agreement for the services for the time that the services	152324
are provided.	152325

(C) When required by division (B) of this section to pay the	152326
nonfederal share of a claim, the Director of Developmental	152327
Disabilities shall use the following funds to pay the claim:	152328

(1) Funds available from appropriation item 322501, County	152329
Boards Subsidies, that the Director allocates to the county board	152330
that initiated or supported the Medicaid certification of the	152331
ICF/IID that provided the ICF/IID services for which the claim is	152332
made;	152333

(2) If the amount of funds used pursuant to division (C)(1)	152334
of this section is insufficient to pay the claim in full, an	152335
amount of funds that are needed to make up the difference and	152336
available from amounts the Director allocates to other county	152337
boards from appropriation item 322501, County Boards Subsidies.	152338

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	152339
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	152340

(A) As used in this section:

152341

"Converted facility" means an ICF/IID, or former ICF/IID,	152342
that converted some or all of its beds to providing home and	152343
community-based services under the IO Waiver pursuant to section	152344
5124.60 of the Revised Code.	152345

"Developmental center" and "ICF/IID" have the same meanings	152346
as in section 5124.01 of the Revised Code.	152347

"H.B. 153 increased Medicaid payment rate" means the total	152348
Medicaid payment rate for each fifteen minutes of routine	152349
homemaker/personal care services that was set by Section 263.20.70	152350
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	152351
Am. Sub. H.B. 487 of the 129th General Assembly.	152352

"IO Waiver" means the Medicaid waiver component, as defined	152353
in section 5166.01 of the Revised Code, known as Individual	152354
Options.	152355

"Public hospital" has the same meaning as in section 5122.01	152356
of the Revised Code.	152357

"Regular Medicaid payment rate" means the total Medicaid	152358
payment rate for each fifteen minutes of routine	152359
homemaker/personal care services that are available under the IO	152360
Waiver and to which this section does not apply.	152361

(B) This section applies to routine homemaker/personal care	152362
services to which both of the following apply:	152363

(1) The services are provided to an IO Waiver enrollee to	152364
whom all of the following apply:	152365

(a) The enrollee began to receive the services from the	152366
provider on or after July 1, 2011.	152367

(b) The enrollee resided in a developmental center, converted	152368
facility, or public hospital immediately before enrolling in the	152369
IO Wavier.	152370

(c) The Director of Developmental Disabilities has determined	152371
that the enrollee's special circumstances (including the	152372
enrollee's diagnosis, service needs, or length of stay at the	152373
developmental center, converted facility, or public hospital)	152374
warrants paying the Medicaid payment rate authorized by this	152375
section.	152376

(2) The provider of the services has a valid Medicaid	152377
provider agreement for the services for the period during which	152378
the enrollee receives the services from the provider.	152379

(C) The total Medicaid payment rate for each fifteen minutes	152380
of routine homemaker/personal care services to which this section	152381
applies and that are provided during the period beginning July 1,	152382
2013, and ending June 30, 2015, shall be the greater of the	152383
following:	152384

(1) The H.B. 153 increased Medicaid payment rate;

152385

(2) The regular Medicaid payment rate in effect at the time	152386
the services are provided.	152387

(D) Of the foregoing appropriation items 653407, Medicaid	152388
Services, and 653639, Medicaid Waiver Services, portions shall be	152389
used to pay the Medicaid payment rates determined in accordance	152390
with this section for certain homemaker/personal care services	152391
under the IO Waiver.	152392

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

152393

As used in this section, "authorizing statute" means a	152394
Revised Code section or provision of a Revised Code section that	152395
is cited in the Ohio Administrative Code as the statute that	152396
authorizes the adoption of a rule.	152397

The Director of Developmental Disabilities is not required to	152398
amend any rule for the sole purpose of updating the citation in	152399
the Ohio Administrative Code to the rule's authorizing statute to	152400
reflect that this act renumbers the authorizing statute or	152401
relocates it to another Revised Code section. Such citations shall	152402
be updated as the Director amends the rules for other purposes.	152403

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

152404

This act repeals section 5111.236 of the Revised Code to	152405
carry out the intent of the Governor as indicated in the veto	152406
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	152407
transmitted to the Clerk of the House of Representatives on July	152408
17, 2009. The actual veto removed the section from the title and	152409
enacting clause of H.B. 1 and an earmark related to the section.	152410
However, the actual veto inadvertently showed only division (C) of	152411
the section, rather than the entire section, as being vetoed.	152412

Section 261.10. OBD OHIO BOARD OF DIETETICS

152413

General Services Fund Group	152414

4K90	860609	Operating Expenses	$	330,592	$	342,592	152415
TOTAL GSF General Services Fund							152416
Group			$	330,592	$	342,592	152417
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	152418

Section 263.10. EDU DEPARTMENT OF EDUCATION

152420

General Revenue Fund	152421

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	152422
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	152423
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	152424
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	152425
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	152426
GRF	200424	Policy Analysis	$	328,558	$	328,558	152427
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	152428
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	152429
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	152430
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	152431
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	152432
GRF	200442	Child Care Licensing	$	827,140	$	827,140	152433
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	152434
GRF	200447	GED Testing	$	879,551	$	879,551	152435
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	152436
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	152437
GRF	200464	General Technology Operations	$	192,097	$	192,097	152438
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	152439
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	152440
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	152441
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	152442
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	152443
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	152444
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	152445
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	152446
GRF	200566	Literacy Improvement	$	150,000	$	150,000	152447
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	152448
TOTAL GRF General Revenue Fund			$	7,985,459,657	$	8,425,307,295	152449

General Services Fund Group	152450

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	152451
4520	200638	Fees and Refunds	$	500,000	$	500,000	152452
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	152453
5960	200656	Ohio Career Information System	$	529,761	$	529,761	152454
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	152455
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	152456
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	152457
TOTAL GSF General Services							152458
Fund Group			$	41,764,032	$	47,108,544	152459

Federal Special Revenue Fund Group	152460

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	152461
3670	200607	School Food Services	$	8,200,664	$	8,700,149	152462
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	152463
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	152464
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	152465
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	152466
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	152467
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	152468
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	152469
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	152470
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	152471
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	152472
3EK0	200637	Advanced Placement	$	450,000	$	450,000	152473
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	152474
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	152475
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	152476
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	152477
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	152478
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	152479
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	152480
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	152481
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	152482
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	152483
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	152484
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	152485
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	152486
3T40	200613	Public Charter Schools	$	500,000	$	0	152487
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	152488
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	152489
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	152490
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	152491
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	152492
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	152493
TOTAL FED Federal Special							152494
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	152495

State Special Revenue Fund Group	152496

4540	200610	GED Testing	$	1,050,000	$	250,000	152497
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	152498
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	152499
4V70	200633	Interagency Program Support	$	717,725	$	717,725	152500
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	152501
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	152502
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	152503
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	152504
5U20	200685	National Education Statistics	$	300,000	$	300,000	152505
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	152506
TOTAL SSR State Special Revenue							152507
Fund Group			$	53,996,635	$	54,149,635	152508

Lottery Profits Education Fund Group	152509

7017	200612	Foundation Funding	$	775,000,000	$	850,000,000	152510
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	152511
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	152512
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	152513
TOTAL LPE Lottery Profits							152514
Education Fund Group			$	891,000,000	$	1,024,500,000	152515

Revenue Distribution Fund Group	152516

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	152517
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	152518
TOTAL RDF Revenue Distribution							152519
Fund Group			$	510,000,000	$	510,000,000	152520
TOTAL ALL BUDGET FUND GROUPS			$	11,520,265,322	$	12,038,468,929	152521

Section 263.20. OPERATING EXPENSES

152523

A portion of the foregoing appropriation item 200321,	152524
Operating Expenses, shall be used by the Department of Education	152525
to provide matching funds under 20 U.S.C. 2321.	152526

EARLY CHILDHOOD EDUCATION

152527

Of the foregoing appropriation item 200408, Early Childhood	152528
Education, up to $50,000 in each fiscal year shall be used to	152529
support the operations of the "Ready, Set, Go...to Kindergarten"	152530
Program at the Horizon Education Center in Lorain County. The	152531
effectiveness of the program shall be evaluated and reported to	152532
the Department of Education in a study that includes statistics on	152533
program participants' scores for the "Get It, Got It, Go!"	152534
assessment and the kindergarten readiness assessment.	152535

The Department of Education shall distribute the remainder of	152536
the foregoing appropriation item 200408, Early Childhood	152537
Education, to pay the costs of early childhood education programs.	152538
The Department shall distribute such funds directly to qualifying	152539
providers.	152540

(A) As used in this section:

152541

(1) "Provider" means a city, local, exempted village, or	152542
joint vocational school district; an educational service center; a	152543
community school; a chartered nonpublic school; an early childhood	152544
education child care provider licensed under Chapter 5104. of the	152545
Revised Code that participates in and meets at least the third	152546
highest tier of the tiered quality rating and improvement system	152547
described in section 5104.30 of the Revised Code; or a combination	152548
of entities described in this paragraph.	152549

(2) In the case of a city, local, or exempted village school	152550
district or early childhood education child care provider licensed	152551
under Chapter 5104. of the Revised Code, "new eligible provider"	152552
means a provider that did not receive state funding for Early	152553
Childhood Education in the previous fiscal year or demonstrates a	152554
need for early childhood programs as defined in division (D) of	152555
this section.	152556

(3) "Eligible child" means a child who is at least three	152557
years of age as of the district entry date for kindergarten, is	152558
not of the age to be eligible for kindergarten, and whose family	152559
earns not more than two hundred per cent of the federal poverty	152560
guidelines as defined in division (A)(3) of section 5101.46 of the	152561
Revised Code. Children with an Individualized Education Program	152562
and where the Early Childhood Education program is the least	152563
restrictive environment may be enrolled on their third birthday.	152564

(4) "Early learning program standards" means early learning	152565
program standards for school readiness developed by the Department	152566
to assess the operation of early learning programs.	152567

(B) In each fiscal year, up to two per cent of the total	152568
appropriation may be used by the Department for program support	152569
and technical assistance. The Department shall distribute the	152570
remainder of the appropriation in each fiscal year to serve	152571
eligible children.	152572

(C) The Department shall provide an annual report to the	152573
Governor, the Speaker of the House of Representatives, and the	152574
President of the Senate and post the report to the Department's	152575
web site, regarding early childhood education programs operated	152576
under this section and the early learning program standards.	152577

(D) After setting aside the amounts to make payments due from	152578
the previous fiscal year, in fiscal year 2014, the Department	152579
shall distribute funds first to recipients of funds for early	152580
childhood education programs under Section 267.10.10 of Am. Sub.	152581
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	152582
H.B. 487 of the 129th General Assembly, in the previous fiscal	152583
year and the balance to new eligible providers of early childhood	152584
education programs under this section or to existing providers to	152585
serve more eligible children or for purposes of program expansion,	152586
improvement, or special projects to promote quality and	152587
innovation.	152588

After setting aside the amounts to make payments due from the	152589
previous fiscal year, in fiscal year 2015, the Department shall	152590
distribute funds first to providers of early childhood education	152591
programs under this section in the previous fiscal year and the	152592
balance to new eligible providers or to existing providers to	152593
serve more eligible children as outlined under division (E) of	152594
this section or for purposes of program expansion, improvement, or	152595
special projects to promote quality and innovation.	152596

(E) The Department shall distribute any new or remaining	152597
funding to existing providers of early childhood education	152598
programs or any new eligible providers in an effort to invest in	152599
high quality early childhood programs where there is a need as	152600
determined by the Department. The Department shall distribute the	152601
new or remaining funds to existing providers of early childhood	152602
education programs or any new eligible providers to serve	152603
additional eligible children based on community economic	152604
disadvantage, limited access to high quality preschool or	152605
childcare services, and demonstration of high quality preschool	152606
services as determined by the Department using new metrics	152607
developed pursuant to Ohio's Race to the Top—Early Learning	152608
Challenge Grant, awarded to the Department in December 2011.	152609

Awards under divisions (D) and (E) of this section shall be	152610
distributed on a per-pupil basis, and in accordance with division	152611
(I) of this section. The Department may adjust the per-pupil	152612
amount so that the per-pupil amount multiplied by the number of	152613
eligible children enrolled and receiving services on the first day	152614
of December or the business day closest to that date equals the	152615
amount allocated under this section.	152616

(F) Costs for developing and administering an early childhood	152617
education program may not exceed fifteen per cent of the total	152618
approved costs of the program.	152619

All providers shall maintain such fiscal control and	152620
accounting procedures as may be necessary to ensure the	152621
disbursement of, and accounting for, these funds. The control of	152622
funds provided in this program, and title to property obtained,	152623
shall be under the authority of the approved provider for purposes	152624
provided in the program unless, as described in division (K) of	152625
this section, the program waives its right for funding or a	152626
program's funding is eliminated or reduced due to its inability to	152627
meet financial or early learning program standards. The approved	152628
provider shall administer and use such property and funds for the	152629
purposes specified.	152630

(G) The Department may examine a provider's financial and	152631
program records. If the financial practices of the program are not	152632
in accordance with standard accounting principles or do not meet	152633
financial standards outlined under division (F) of this section,	152634
or if the program fails to substantially meet the early learning	152635
program standards, meet a quality rating level in the tiered	152636
quality rating and improvement system developed under section	152637
5104.30 of the Revised Code as prescribed by the Department, or	152638
exhibits below average performance as measured against the	152639
standards, the early childhood education program shall propose and	152640
implement a corrective action plan that has been approved by the	152641
Department. The approved corrective action plan shall be signed by	152642
the chief executive officer and the executive of the official	152643
governing body of the provider. The corrective action plan shall	152644
include a schedule for monitoring by the Department. Such	152645
monitoring may include monthly reports, inspections, a timeline	152646
for correction of deficiencies, and technical assistance to be	152647
provided by the Department or obtained by the early childhood	152648
education program. The Department may withhold funding pending	152649
corrective action. If an early childhood education program fails	152650
to satisfactorily complete a corrective action plan, the	152651
Department may deny expansion funding to the program or withdraw	152652
all or part of the funding to the program and establish a new	152653
eligible provider through a selection process established by the	152654
Department.	152655

(H)(1) If the early childhood education program is licensed	152656
by the Department of Education and is not highly rated, as	152657
determined by the Director of Job and Family Services, under the	152658
tiered quality rating and improvement system described in section	152659
5104.30 of the Revised Code, the program shall do all of the	152660
following:	152661

(a) Meet teacher qualification requirements prescribed by	152662
section 3301.311 of the Revised Code;	152663

(b) Align curriculum to the early learning content standards	152664
developed by the Department;	152665

(c) Meet any child or program assessment requirements	152666
prescribed by the Department;	152667

(d) Require teachers, except teachers enrolled and working to	152668
obtain a degree pursuant to section 3301.311 of the Revised Code,	152669
to attend a minimum of twenty hours every two years of	152670
professional development as prescribed by the Department;	152671

(e) Document and report child progress as prescribed by the	152672
Department;	152673

(f) Meet and report compliance with the early learning	152674
program standards as prescribed by the Department;	152675

(g) Participate in the tiered quality rating and improvement	152676
system developed under section 5104.30 of the Revised Code.	152677
Effective July 1, 2016, all programs shall be rated through the	152678
system.	152679

(2) If the program is highly rated, as determined by the	152680
Director of Job and Family Services, under the tiered quality	152681
rating and improvement system developed under section 5104.30 of	152682
the Revised Code, the program shall comply with the requirements	152683
of that system.	152684

(I) Per-pupil funding for programs subject to this section	152685
shall be sufficient to provide eligible children with services for	152686
a standard early childhood schedule which shall be defined in this	152687
section as a minimum of twelve and one-half hours per school week	152688
as defined in section 3313.62 of the Revised Code for the minimum	152689
school year as defined in sections 3313.48, 3313.481, and 3313.482	152690
of the Revised Code. Nothing in this section shall be construed to	152691
prohibit program providers from utilizing other funds to serve	152692
eligible children in programs that exceed the twelve and one-half	152693
hours per week or that exceed the minimum school year. For any	152694
provider for which a standard early childhood education schedule	152695
creates a hardship or for which the provider shows evidence that	152696
the provider is working in collaboration with a preschool special	152697
education program, the provider may submit a waiver to the	152698
Department requesting an alternate schedule. If the Department	152699
approves a waiver for an alternate schedule that provides services	152700
for less time than the standard early childhood education	152701
schedule, the Department may reduce the provider's annual	152702
allocation proportionately. Under no circumstances shall an annual	152703
allocation be increased because of the approval of an alternate	152704
schedule.	152705

(J) Each provider shall develop a sliding fee scale based on	152706
family incomes and shall charge families who earn more than two	152707
hundred per cent of the federal poverty guidelines, as defined in	152708
division (A)(3) of section 5101.46 of the Revised Code, for the	152709
early childhood education program.	152710

The Department shall conduct an annual survey of each	152711
provider to determine whether the provider charges families	152712
tuition or fees, the amount families are charged relative to	152713
family income levels, and the number of families and students	152714
charged tuition and fees for the early childhood program.	152715

(K) If an early childhood education program voluntarily	152716
waives its right for funding, or has its funding eliminated for	152717
not meeting financial standards or the early learning program	152718
standards, the provider shall transfer control of title to	152719
property, equipment, and remaining supplies obtained through the	152720
program to providers designated by the Department and return any	152721
unexpended funds to the Department along with any reports	152722
prescribed by the Department. The funding made available from a	152723
program that waives its right for funding or has its funding	152724
eliminated or reduced may be used by the Department for new grant	152725
awards or expansion grants. The Department may award new grants or	152726
expansion grants to eligible providers who apply. The eligible	152727
providers who apply must do so in accordance with the selection	152728
process established by the Department.	152729

(L) Eligible expenditures for the Early Childhood Education	152730
Program shall be claimed each fiscal year to help meet the state's	152731
TANF maintenance of effort requirement. The Superintendent of	152732
Public Instruction and the Director of Job and Family Services	152733
shall enter into an interagency agreement to carry out the	152734
requirements under this division, which shall include developing	152735
reporting guidelines for these expenditures.	152736

(M) The Early Childhood Advisory Council established under	152737
section 3301.90 of the Revised Code shall provide, by October 1,	152738
2013, recommendations including, but not limited to, the	152739
administration, implementation, and distribution of funding for an	152740
early childhood voucher program, to the Superintendent of Public	152741
Instruction, the Governor's Office of 21st Century Education, the	152742
Speaker of the House of Representatives, the President of the	152743
Senate, and the chairpersons of the standing committees of the	152744
House of Representatives and the Senate that deal primarily with	152745
issues of education.	152746

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	152747
SUPPORT	152748

The foregoing appropriation item 200420, Information	152749
Technology Development and Support, shall be used to support the	152750
development and implementation of information technology solutions	152751
designed to improve the performance and services of the Department	152752
of Education. Funds may be used for personnel, maintenance, and	152753
equipment costs related to the development and implementation of	152754
these technical system projects. Implementation of these systems	152755
shall allow the Department to provide greater levels of assistance	152756
to school districts and to provide more timely information to the	152757
public, including school districts, administrators, and	152758
legislators. Funds may also be used to support data-driven	152759
decision-making and differentiated instruction, as well as to	152760
communicate academic content standards and curriculum models to	152761
schools through web-based applications.	152762

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

152763

The foregoing appropriation item 200421, Alternative	152764
Education Programs, shall be used for the renewal of successful	152765
implementation grants and for competitive matching grants to	152766
school districts for alternative educational programs for existing	152767
and new at-risk and delinquent youth. Programs shall be focused on	152768
youth in one or more of the following categories: those who have	152769
been expelled or suspended, those who have dropped out of school	152770
or who are at risk of dropping out of school, those who are	152771
habitually truant or disruptive, or those on probation or on	152772
parole from a Department of Youth Services facility. Grants shall	152773
be awarded only to programs in which the grant will not serve as	152774
the program's primary source of funding. These grants shall be	152775
administered by the Department of Education.	152776

The Department of Education may waive compliance with any	152777
minimum education standard established under section 3301.07 of	152778
the Revised Code for any alternative school that receives a grant	152779
under this section on the grounds that the waiver will enable the	152780
program to more effectively educate students enrolled in the	152781
alternative school.	152782

Of the foregoing appropriation item 200421, Alternative	152783
Education Programs, a portion may be used for program	152784
administration, monitoring, technical assistance, support,	152785
research, and evaluation.	152786

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

152787

Of the foregoing appropriation item 200422, School Management	152788
Assistance, $1,000,000 in each fiscal year shall be used by the	152789
Auditor of State in consultation with the Department of Education	152790
for expenses incurred in the Auditor of State's role relating to	152791
fiscal caution, fiscal watch, and fiscal emergency activities as	152792
defined in Chapter 3316. of the Revised Code, unless an amount	152793
less than $1,000,000 is needed and mutually agreed to by the	152794
Department and the Auditor of State. This set-aside may also be	152795
used by the Auditor of State to conduct performance audits of	152796
other school districts with priority given to districts in fiscal	152797
distress. Districts in fiscal distress shall be determined by the	152798
Auditor of State and shall include districts that the Auditor of	152799
State, in consultation with the Department of Education,	152800
determines are employing fiscal practices or experiencing	152801
budgetary conditions that could produce a state of fiscal watch or	152802
fiscal emergency.	152803

The remainder of appropriation item 200422, School Management	152804
Assistance, shall be used by the Department of Education to	152805
provide fiscal technical assistance and inservice education for	152806
school district management personnel and to administer, monitor,	152807
and implement the fiscal caution, fiscal watch, and fiscal	152808
emergency provisions under Chapter 3316. of the Revised Code.	152809

Section 263.60. POLICY ANALYSIS

152810

The foregoing appropriation item 200424, Policy Analysis,	152811
shall be used by the Department of Education to support a system	152812
of administrative, statistical, and legislative education	152813
information to be used for policy analysis. Staff supported by	152814
this appropriation shall administer the development of reports,	152815
analyses, and briefings to inform education policymakers of	152816
current trends in education practice, efficient and effective use	152817
of resources, and evaluation of programs to improve education	152818
results. The database shall be kept current at all times. These	152819
research efforts shall be used to supply information and analysis	152820
of data to the General Assembly and other state policymakers,	152821
including the Office of Budget and Management, the Governor's	152822
Office of 21st Century Education, and the Legislative Service	152823
Commission.	152824

The Department of Education may use funding from this	152825
appropriation item to purchase or contract for the development of	152826
software systems or contract for policy studies that will assist	152827
in the provision and analysis of policy-related information.	152828
Funding from this appropriation item also may be used to monitor	152829
and enhance quality assurance for research-based policy analysis	152830
and program evaluation to enhance the effective use of education	152831
information to inform education policymakers.	152832

TECH PREP CONSORTIA SUPPORT

152833

The foregoing appropriation item 200425, Tech Prep Consortia	152834
Support, shall be used by the Department of Education to support	152835
state-level activities designed to support, promote, and expand	152836
tech prep programs. Use of these funds shall include, but not be	152837
limited to, administration of grants, program evaluation,	152838
professional development, curriculum development, assessment	152839
development, program promotion, communications, and statewide	152840
coordination of tech prep consortia.	152841

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

152842

The foregoing appropriation item 200426, Ohio Educational	152843
Computer Network, shall be used by the Department of Education to	152844
maintain a system of information technology throughout Ohio and to	152845
provide technical assistance for such a system in support of the	152846
P-16 State Education Technology Plan developed under section	152847
3353.09 of the Revised Code.	152848

Of the foregoing appropriation item 200426, Ohio Educational	152849
Computer Network, up to $10,705,569 in each fiscal year shall be	152850
used by the Department of Education to support connection of all	152851
public school buildings and participating chartered nonpublic	152852
schools to the state's education network, to each other, and to	152853
the Internet. In each fiscal year the Department of Education	152854
shall use these funds to assist information technology centers or	152855
school districts with the operational costs associated with this	152856
connectivity. The Department of Education shall develop a formula	152857
and guidelines for the distribution of these funds to information	152858
technology centers or individual school districts. As used in this	152859
section, "public school building" means a school building of any	152860
city, local, exempted village, or joint vocational school	152861
district, any community school established under Chapter 3314. of	152862
the Revised Code, any college preparatory boarding school	152863
established under Chapter 3328. of the Revised Code, any STEM	152864
school established under Chapter 3326. of the Revised Code, any	152865
educational service center building used for instructional	152866
purposes, the Ohio School for the Deaf and the Ohio School for the	152867
Blind, high schools chartered by the Ohio Department of Youth	152868
Services, or high schools operated by Ohio Department of	152869
Rehabilitation and Corrections' Ohio Central School System.	152870

Of the foregoing appropriation item 200426, Ohio Educational	152871
Computer Network, up to $2,500,000 in each fiscal year shall be	152872
used for the Union Catalog and InfOhio Network and to support the	152873
provision of electronic resources with priority given to resources	152874
that support the teaching of state academic content standards in	152875
all public schools. Consideration shall be given by the Department	152876
of Education to coordinating the allocation of these moneys with	152877
the efforts of Libraries Connect Ohio, whose members include	152878
OhioLINK, the Ohio Public Information Network, and the State	152879
Library of Ohio.	152880

Of the foregoing appropriation item 200426, Ohio Educational	152881
Computer Network, up to $5,220,000 in each fiscal year shall be	152882
used, through a formula and guidelines devised by the Department,	152883
to subsidize the activities of designated information technology	152884
centers, as defined by State Board of Education rules, to provide	152885
school districts and chartered nonpublic schools with	152886
computer-based student and teacher instructional and	152887
administrative information services, including approved	152888
computerized financial accounting, and to ensure the effective	152889
operation of local automated administrative and instructional	152890
systems.	152891

Of the foregoing appropriation item 200426, Ohio Educational	152892
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	152893
used for middle mile connections for the information technology	152894
centers established under section 3301.075 of the Revised Code and	152895
select large urban districts to connect to the state broadband	152896
backbone managed by the Ohio Technology Consortium and for other	152897
connectivity upgrades necessary for K-12 school buildings with	152898
severely restricted broadband connections. The Department of	152899
Education shall develop an expenditure plan to facilitate	152900
instructional technology/blended learning initiatives. The State	152901
Chief Information Officer and the Education Technology Division of	152902
the Ohio Board of Regents shall review the plan to ensure it	152903
coincides with State of Ohio and higher education network	152904
strategies and shall either approve or reject the plan. If the	152905
plan is rejected, the State Chief Information Officer and the	152906
Education Technology Division of the Ohio Board of Regents shall	152907
identify deficiencies in the plan and work with the Department to	152908
complete an acceptable plan. "Select large urban districts" are	152909
those districts that connect to the state broadband backbone	152910
directly rather than through an information technology center. At	152911
the request of the Superintendent of Public Instruction, the	152912
Director of Budget and Management may authorize the expenditure in	152913
fiscal year 2015 of any unexpended and unencumbered portion of	152914
this set-aside at the end of fiscal year 2014. The authorized	152915
expenditure is hereby reappropriated to the Department for the	152916
same purpose for fiscal year 2015.	152917

The remainder of appropriation item 200426, Ohio Educational	152918
Computer Network, shall be used to support the work of the	152919
development, maintenance, and operation of a network of uniform	152920
and compatible computer-based information and instructional	152921
systems as well as the teacher student linkage/roster verification	152922
process and the eTranscript/student records exchange initiative.	152923
This technical assistance shall include, but not be restricted to,	152924
development and maintenance of adequate computer software systems	152925
to support network activities. In order to improve the efficiency	152926
of network activities, the Department and information technology	152927
centers may jointly purchase equipment, materials, and services	152928
from funds provided under this appropriation for use by the	152929
network and, when considered practical by the Department, may	152930
utilize the services of appropriate state purchasing agencies.	152931

Section 263.80. ACADEMIC STANDARDS

152932

The foregoing appropriation item 200427, Academic Standards,	152933
shall be used by the Department of Education to develop, revise,	152934
and communicate to school districts academic content standards and	152935
curriculum models and to develop professional development programs	152936
and other tools on the new content standards and model curriculum.	152937

Section 263.90. STUDENT ASSESSMENT

152938

Of the foregoing appropriation item 200437, Student	152939
Assessment, up to $95,000 in each fiscal year may be used to	152940
support the assessments required under section 3301.0715 of the	152941
Revised Code.	152942

The remainder of appropriation item 200437, Student	152943
Assessment, shall be used to develop, field test, print,	152944
distribute, score, report results, and support other associated	152945
costs for the tests required under sections 3301.0710, 3301.0711,	152946
and 3301.0712 of the Revised Code and for similar purposes as	152947
required by section 3301.27 of the Revised Code. The funds may	152948
also be used to update and develop diagnostic assessments required	152949
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	152950
Code.	152951

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	152952
ASSESSMENT	152953

In fiscal year 2014 and fiscal year 2015, if the	152954
Superintendent of Public Instruction determines that additional	152955
funds are needed to fully fund the requirements of sections	152956
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	152957
and this act for assessments of student performance, the	152958
Superintendent of Public Instruction may recommend the	152959
reallocation of unexpended and unencumbered General Revenue Fund	152960
appropriations within the Department of Education to appropriation	152961
item 200437, Student Assessment, to the Director of Budget and	152962
Management. If the Director of Budget and Management determines	152963
that such a reallocation is required, the Director of Budget and	152964
Management may transfer unexpended and unencumbered appropriations	152965
within the Department of Education as necessary to appropriation	152966
item 200437, Student Assessment. If these transferred	152967
appropriations are not sufficient to fully fund the assessment	152968
requirements in fiscal year 2014 or fiscal year 2015, the	152969
Superintendent of Public Instruction may request that the	152970
Controlling Board transfer up to $9,000,000 cash from the Lottery	152971
Profits Education Reserve Fund (Fund 7018) to the General Revenue	152972
Fund. Upon approval of the Controlling Board, the Director of	152973
Budget and Management shall transfer the cash. These transferred	152974
funds are hereby appropriated for the same purpose as	152975
appropriation item 200437, Student Assessment.	152976

Section 263.100. Notwithstanding anything to the contrary in	152977
sections 3301.0710 and 3301.0711 of the Revised Code, in the	152978
2013-2014 school year, the Department of Education shall not	152979
furnish, and school districts and schools shall not administer,	152980
the elementary writing and social studies achievement assessments	152981
prescribed by section 3301.0710 of the Revised Code, unless the	152982
Superintendent of Public Instruction determines the Department has	152983
sufficient funds to pay the costs of furnishing and scoring those	152984
assessments.	152985

Section 263.110. ACCOUNTABILITY/REPORT CARDS

152986

Of the foregoing appropriation item 200439,	152987
Accountability/Report Cards, a portion in each fiscal year may be	152988
used to train district and regional specialists and district	152989
educators in the use of the value-added progress dimension and in	152990
the use of data as it relates to improving student achievement.	152991
This training may include teacher and administrator professional	152992
development in the use of data to improve instruction and student	152993
learning, and teacher and administrator training in understanding	152994
teacher value-added reports and how they can be used as a	152995
component in measuring teacher and administrator effectiveness. A	152996
portion of this funding may be provided to a credible nonprofit	152997
organization with expertise in value-added progress dimensions.	152998

The remainder of appropriation item 200439,	152999
Accountability/Report Cards, shall be used by the Department to	153000
incorporate a statewide value-added progress dimension into	153001
performance ratings for school districts and for the development	153002
of an accountability system that includes the preparation and	153003
distribution of school report cards, funding and expenditure	153004
accountability reports under sections 3302.03 and 3302.031 of the	153005
Revised Code, and the development and maintenance of teacher	153006
value-added reports.	153007

CHILD CARE LICENSING

153008

The foregoing appropriation item 200442, Child Care	153009
Licensing, shall be used by the Department of Education to license	153010
and to inspect preschool and school-age child care programs under	153011
sections 3301.52 to 3301.59 of the Revised Code.	153012

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

153013

The foregoing appropriation item 200446, Education Management	153014
Information System, shall be used by the Department of Education	153015
to improve the Education Management Information System (EMIS).	153016

Of the foregoing appropriation item 200446, Education	153017
Management Information System, up to $729,000 in each fiscal year	153018
shall be distributed to designated information technology centers	153019
for costs relating to processing, storing, and transferring data	153020
for the effective operation of the EMIS. These costs may include,	153021
but are not limited to, personnel, hardware, software development,	153022
communications connectivity, professional development, and support	153023
services, and to provide services to participate in the State	153024
Education Technology Plan developed under section 3353.09 of the	153025
Revised Code.	153026

The remainder of appropriation item 200446, Education	153027
Management Information System, shall be used to develop and	153028
support a common core of data definitions and standards as adopted	153029
by the Education Management Information System Advisory Board,	153030
including the ongoing development and maintenance of the data	153031
dictionary and data warehouse. In addition, such funds shall be	153032
used to support the development and implementation of data	153033
standards; the design, development, and implementation of a new	153034
data exchange system; and responsibilities related to the school	153035
report cards prescribed by section 3302.03 of the Revised Code and	153036
value-added progress dimension calculations.	153037

Any provider of software meeting the standards approved by	153038
the Education Management Information System Advisory Board shall	153039
be designated as an approved vendor and may enter into contracts	153040
with local school districts, community schools, STEMS schools,	153041
information technology centers, or other educational entities for	153042
the purpose of collecting and managing data required under Ohio's	153043
education management information system (EMIS) laws. On an annual	153044
basis, the Department of Education shall convene an advisory group	153045
of school districts, community schools, and other	153046
education-related entities to review the Education Management	153047
Information System data definitions and data format standards. The	153048
advisory group shall recommend changes and enhancements based upon	153049
surveys of its members, education agencies in other states, and	153050
current industry practices, to reflect best practices, align with	153051
federal initiatives, and meet the needs of school districts.	153052

School districts, STEM schools, and community schools not	153053
implementing a common and uniform set of data definitions and data	153054
format standards for Education Management Information System	153055
purposes shall have all EMIS funding withheld until they are in	153056
compliance.	153057

Section 263.130. GED TESTING

153058

The foregoing appropriation item 200447, GED Testing, shall	153059
be used to provide General Educational Development (GED) testing	153060
under rules adopted by the State Board of Education.	153061

Section 263.140. EDUCATOR PREPARATION

153062

Of the foregoing appropriation item 200448, Educator	153063
Preparation, up to $500,000 in each fiscal year may be used by the	153064
Department of Education to monitor and support Ohio's State System	153065
of Support in accordance with the "No Child Left Behind Act of	153066
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	153067
and Secondary Education Act flexibility waivers approved for Ohio	153068
by the United States Department of Education.	153069

Of the foregoing appropriation item 200448, Educator	153070
Preparation, up to $100,000 in each fiscal year may be used by the	153071
Department to support the Educator Standards Board under section	153072
3319.61 of the Revised Code and reforms under sections 3302.042,	153073
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	153074
3319.58 of the Revised Code.	153075

The remainder of the foregoing appropriation item 200448,	153076
Educator Preparation, in fiscal year 2015 may be used for	153077
implementation of teacher and principal evaluation systems,	153078
including incorporation of student growth as a metric in those	153079
systems, and teacher value-added reports.	153080

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

153081

The foregoing appropriation item 200455, Community Schools	153082
and Choice Programs, may be used by the Department of Education	153083
for additional services and responsibilities under section 3314.11	153084
of the Revised Code and for operation of the school choice	153085
programs.	153086

Of the foregoing appropriation item 200455, Community Schools	153087
and Choice Programs, a portion in each fiscal year may be used by	153088
the Department of Education for developing and conducting training	153089
sessions for community schools and sponsors and prospective	153090
sponsors of community schools as prescribed in division (A)(1) of	153091
section 3314.015 of the Revised Code, and other schools	153092
participating in school choice programs.	153093

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	153094
DEVELOPMENT	153095

The foregoing appropriation item 200465, Technology	153096
Integration and Professional Development, shall be used by the	153097
Department of Education to contract with educational television	153098
stations and education technology centers to provide Ohio public	153099
schools with instructional resources and services, with priority	153100
given to resources and services aligned with state academic	153101
content standards. Such resources and services shall be based upon	153102
the advice and approval of the Department, based on a formula used	153103
by the former eTech Ohio Commission unless and until a substitute	153104
formula is developed in consultation with the Ohio Board of	153105
Regents.	153106

Section 263.170. PUPIL TRANSPORTATION

153107

Of the foregoing appropriation item 200502, Pupil	153108
Transportation, up to $838,930 in each fiscal year may be used by	153109
the Department of Education for training prospective and	153110
experienced school bus drivers in accordance with training	153111
programs prescribed by the Department. Up to $60,469,220 in each	153112
fiscal year may be used by the Department of Education for special	153113
education transportation reimbursements to school districts and	153114
county DD boards for transportation operating costs as provided in	153115
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	153116
to $5,000,000 in fiscal year 2014 and up to $2,500,000 in fiscal	153117
year 2015 may be used by the Department of Education to reimburse	153118
school districts that make payments to parents in lieu of	153119
transportation under section 3327.02 of the Revised Code and whose	153120
transportation is not funded under division (C) of section	153121
3317.024 of the Revised Code.	153122

Of the foregoing appropriation item 200502, Pupil	153123
Transportation, up to $25,300,000 in fiscal year 2014 and up to	153124
$23,100,000 in fiscal year 2015 shall be used for additional	153125
transportation aid for school districts as provided by division	153126
(G)(2) of section 3317.0212 of the Revised Code, as amended by	153127
this act. The Department shall pay each school district a pro rata	153128
portion of the amounts calculated so that the amount appropriated	153129
is not exceeded.	153130

Of the foregoing appropriation item 200502, Pupil	153131
Transportation, $413,385,915 in fiscal year 2014 and $434,055,210	153132
in fiscal year 2015 shall be used to distribute the amounts	153133
calculated for transportation aid under division (G)(1) of section	153134
3317.0212 of the Revised Code, as amended by this act.	153135

Section 263.180. SCHOOL LUNCH MATCH

153136

The foregoing appropriation item 200505, School Lunch Match,	153137
shall be used to provide matching funds to obtain federal funds	153138
for the school lunch program.	153139

Any remaining appropriation after providing matching funds	153140
for the school lunch program may be used to partially reimburse	153141
school buildings within school districts that are required to have	153142
a school breakfast program under section 3313.813 of the Revised	153143
Code, at a rate decided by the Department.	153144

Section 263.190. AUXILIARY SERVICES

153145

The foregoing appropriation item 200511, Auxiliary Services,	153146
shall be used by the Department of Education for the purpose of	153147
implementing section 3317.06 of the Revised Code. Of the	153148
appropriation, up to $1,888,106 in fiscal year 2014 and up to	153149
$1,944,949 in fiscal year 2015 may be used for payment of the	153150
Post-Secondary Enrollment Program for nonpublic students, except	153151
that in fiscal year 2014 the Department may spend above the	153152
set-aside to pay for outstanding obligations for the	153153
Post-Secondary Enrollment Options Program in fiscal year 2013.	153154

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

153155

The foregoing appropriation item 200532, Nonpublic	153156
Administrative Cost Reimbursement, shall be used by the Department	153157
of Education for the purpose of implementing section 3317.063 of	153158
the Revised Code.	153159

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

153160

Of the foregoing appropriation item 200540, Special Education	153161
Enhancements, up to $50,000,000 in each fiscal year shall be used	153162
to fund special education and related services at county boards of	153163
developmental disabilities for eligible students under section	153164
3317.20 of the Revised Code and at institutions for eligible	153165
students under section 3317.201 of the Revised Code. If necessary,	153166
the Department shall proportionately reduce the amount calculated	153167
for each county board of developmental disabilities and	153168
institution so as not to exceed the amount appropriated in each	153169
fiscal year.	153170

Of the foregoing appropriation item 200540, Special Education	153171
Enhancements, up to $1,333,468 in each fiscal year shall be used	153172
for parent mentoring programs.	153173

Of the foregoing appropriation item 200540, Special Education	153174
Enhancements, up to $2,537,824 in each fiscal year may be used for	153175
school psychology interns.	153176

The remainder of appropriation item 200540, Special Education	153177
Enhancements, shall be distributed by the Department of Education	153178
to school districts and institutions, as defined in section	153179
3323.091 of the Revised Code, for preschool special education	153180
funding under section 3317.0213 of the Revised Code. If necessary,	153181
the Department shall proportionately reduce the amount calculated	153182
for each school district and institution so as not to exceed the	153183
amount appropriated in each fiscal year.	153184

The Department may reimburse school districts and	153185
institutions for services provided by instructional assistants,	153186
related services as defined in rule 3301-51-11 of the	153187
Administrative Code, physical therapy services provided by a	153188
licensed physical therapist or physical therapist assistant under	153189
the supervision of a licensed physical therapist as required under	153190
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	153191
Administrative Code and occupational therapy services provided by	153192
a licensed occupational therapist or occupational therapy	153193
assistant under the supervision of a licensed occupational	153194
therapist as required under Chapter 4755. of the Revised Code and	153195
Chapter 4755-7 of the Administrative Code. Nothing in this section	153196
authorizes occupational therapy assistants or physical therapist	153197
assistants to generate or manage their own caseloads.	153198

The Department of Education shall require school districts,	153199
educational service centers, county DD boards, and institutions	153200
serving preschool children with disabilities to adhere to Ohio's	153201
early learning program standards, participate in the tiered	153202
quality rating and improvement system developed under section	153203
5104.30 of the Revised Code, and document child progress using	153204
research-based indicators prescribed by the Department and report	153205
results annually. The reporting dates and method shall be	153206
determined by the Department. Effective July 1, 2018, all programs	153207
shall be rated through the tiered quality rating and improvement	153208
system.	153209

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

153210

Of the foregoing appropriation item 200545, Career-Technical	153211
Education Enhancements, up to $2,563,568 in each fiscal year shall	153212
be used to fund secondary career-technical education at	153213
institutions using a grant-based methodology, notwithstanding	153214
section 3317.05 of the Revised Code.	153215

Of the foregoing appropriation item 200545, Career-Technical	153216
Education Enhancements, up to $2,838,281 in each fiscal year shall	153217
be used by the Department of Education to fund competitive grants	153218
to tech prep consortia that expand the number of students enrolled	153219
in tech prep programs. These grant funds shall be used to directly	153220
support expanded tech prep programs provided to students enrolled	153221
in school districts, including joint vocational school districts,	153222
and affiliated higher education institutions. This support may	153223
include the purchase of equipment.	153224

Of the foregoing appropriation item 200545, Career-Technical	153225
Education Enhancements, up to $3,100,850 in each fiscal year shall	153226
be used by the Department of Education to support existing High	153227
Schools That Work (HSTW) sites, develop and support new sites,	153228
fund technical assistance, and support regional centers and middle	153229
school programs. The purpose of HSTW is to combine challenging	153230
academic courses and modern career-technical studies to raise the	153231
academic achievement of students. HSTW provides intensive	153232
technical assistance, focused staff development, targeted	153233
assessment services, and ongoing communications and networking	153234
opportunities.	153235

Of the foregoing appropriation item 200545, Career-Technical	153236
Education Enhancements, up to $600,000 in each fiscal year shall	153237
be used by the Department of Education to enable students in	153238
agricultural programs to enroll in a fifth quarter of instruction	153239
based on the agricultural education model of delivering work-based	153240
learning through supervised agricultural experience. The	153241
Department of Education shall determine eligibility criteria and	153242
the reporting process for the Agriculture 5th Quarter Project and	153243
shall fund as many programs as possible given the set aside. The	153244
eligibility criteria developed by the Department shall allow these	153245
funds to support supervised agricultural experience that occurs	153246
anytime outside of the regular school day.	153247

Of the foregoing appropriation item, 200545, Career-Technical	153248
Education Enhancements, up to $162,200 in each fiscal year shall	153249
be distributed to the Cleveland Municipal School District and the	153250
Cincinnati City School District to be used for a VoAg Program in	153251
one at-risk nonvocational school in each district. The amount	153252
distributed to the Cleveland Municipal School District shall be	153253
equal to $78,600 minus the funding allocated to the district under	153254
division (A)(8) of section 3317.022 of the Revised Code for the	153255
students participating in the program. The amount distributed to	153256
the Cincinnati City School District shall be equal to $83,600	153257
minus the funding allocated to the district under section 3317.162	153258
of the Revised Code for the students participating in the program.	153259

Of the foregoing appropriation item 200545, Career-Technical	153260
Education Enhancements, $108,100 in each fiscal year shall be used	153261
to prepare students for careers in culinary arts and restaurant	153262
management under the Ohio ProStart school restaurant program.	153263

Section 263.230. FOUNDATION FUNDING

153264

Of the foregoing appropriation item 200550, Foundation	153265
Funding, up to $675,000 in each fiscal year shall be used to	153266
support the work of the College of Education and Human Ecology at	153267
the Ohio State University in reviewing and assessing the alignment	153268
of courses offered through the distance learning clearinghouse	153269
established in sections 3333.81 to 3333.88 of the Revised Code	153270
with the academic content standards adopted under division (A) of	153271
section 3301.079 of the Revised Code.	153272

Of the foregoing appropriation item 200550, Foundation	153273
Funding, up to $40,000,000 in each fiscal year shall be used to	153274
provide additional state aid to school districts, joint vocational	153275
school districts, community schools, and STEM schools for special	153276
education students under division (C)(3) of section 3314.08,	153277
section 3317.0214, division (B) of section 3317.16, and section	153278
3326.34 of the Revised Code, except that the Controlling Board may	153279
increase these amounts if presented with such a request from the	153280
Department of Education at the final meeting of the fiscal year.	153281

Of the foregoing appropriation item 200550, Foundation	153282
Funding, up to $2,000,000 in each fiscal year shall be reserved	153283
for Youth Services tuition payments under section 3317.024 of the	153284
Revised Code.	153285

Of the foregoing appropriation item 200550, Foundation	153286
Funding, up to $3,800,000 in each fiscal year shall be used to	153287
fund gifted education at educational service centers. The	153288
Department shall distribute the funding through the unit-based	153289
funding methodology in place under division (L) of section	153290
3317.024, division (E) of section 3317.05, and divisions (A), (B),	153291
and (C) of section 3317.053 of the Revised Code as they existed	153292
prior to fiscal year 2010.	153293

Of the foregoing appropriation item 200550, Foundation	153294
Funding, up to $43,500,000 in fiscal year 2014 and up to	153295
$40,000,000 in fiscal year 2015 shall be reserved to fund the	153296
state reimbursement of educational service centers under the	153297
section of this act entitled "EDUCATIONAL SERVICE CENTERS	153298
FUNDING"; and up to $3,500,000 in each fiscal year shall be	153299
distributed to educational service centers for School Improvement	153300
Initiatives and, in consultation with the Governor's Director of	153301
21st Century Education, for the provision of technical assistance	153302
as required by the Elementary and Secondary Education Act	153303
Flexibility waivers approved for Ohio by the United States	153304
Department of Education. Educational service centers shall be	153305
required to support districts in the development and	153306
implementation of their continuous improvement plans as required	153307
in section 3302.04 of the Revised Code and to provide technical	153308
assistance and support in accordance with Title I of the "No Child	153309
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	153310
administered pursuant to the Elementary and Secondary Education	153311
Act Flexibility waivers approved for Ohio by the United States	153312
Department of Education.	153313

Of the foregoing appropriation item 200550, Foundation	153314
Funding, up to $20,000,000 in each fiscal year shall be reserved	153315
for payments under sections 3317.026, 3317.027, and 3317.028 of	153316
the Revised Code. If this amount is not sufficient, the Department	153317
of Education shall prorate the payment amounts so that the	153318
aggregate amount allocated in this paragraph is not exceeded.	153319

Of the foregoing appropriation item 200550, Foundation	153320
Funding, up to $2,000,000 in each fiscal year shall be used to pay	153321
career-technical planning districts for the amounts reimbursed to	153322
students, as prescribed in this paragraph. Each career-technical	153323
planning district shall reimburse individuals taking the online	153324
General Educational Development (GED) test for the first time for	153325
application/test fees in excess of $40. Each career-technical	153326
planning district shall designate a site or sites where	153327
individuals may register and take the exam. For each individual	153328
that registers for the exam, the career-technical planning	153329
district shall make available and offer career counseling	153330
services, including information on adult education programs that	153331
are available.	153332

Of the foregoing appropriation item 200550, Foundation	153333
Funding, up to $410,000 in each fiscal year shall be used to pay	153334
career-technical planning districts $500 for each student that	153335
receives a journeyman certification, as recognized by the United	153336
States Department of Labor.	153337

Of the foregoing appropriation item 200550, Foundation	153338
Funding, up to $18,713,327 in each fiscal year shall be used to	153339
support school choice programs.	153340

Of the portion of the funds distributed to the Cleveland	153341
Municipal School District under this section, up to $11,901,887 in	153342
each fiscal year shall be used to operate the school choice	153343
program in the Cleveland Municipal School District under sections	153344
3313.974 to 3313.979 of the Revised Code. Notwithstanding	153345
divisions (B) and (C) of section 3313.978 and division (C) of	153346
section 3313.979 of the Revised Code, up to $1,000,000 in each	153347
fiscal year of this amount shall be used by the Cleveland	153348
Municipal School District to provide tutorial assistance as	153349
provided in division (H) of section 3313.974 of the Revised Code.	153350
The Cleveland Municipal School District shall report the use of	153351
these funds in the district's three-year continuous improvement	153352
plan as described in section 3302.04 of the Revised Code in a	153353
manner approved by the Department of Education.	153354

Of the foregoing appropriation item 200550, Foundation	153355
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	153356
college-preparatory boarding schools the per pupil boarding amount	153357
pursuant to section 3328.34 of the Revised Code.	153358

Of the foregoing appropriation item 200550, Foundation	153359
Funding, up to $500,000 in each fiscal year shall be used to	153360
support Jobs for Ohio's Graduates.	153361

Of the foregoing appropriation item 200550, Foundation	153362
Funding, up to $250,000 in fiscal year 2015 may be used for	153363
payment of the Post-Secondary Enrollment Options Program for	153364
students instructed at home pursuant to section 3321.04 of the	153365
Revised Code.	153366

Of the foregoing appropriation item 200550, Foundation	153367
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	153368
reimburse school districts for the full amount deducted in that	153369
year under section 3310.55 of the Revised Code for Jon Peterson	153370
Scholarships awarded under sections 3310.51 to 3310.64 of the	153371
Revised Code to students who did not attend a public school in	153372
their resident district in the previous school year. If this	153373
amount is not sufficient, the Department of Education shall	153374
prorate the payment amounts so that the aggregate amount	153375
appropriated in this paragraph is not exceeded.	153376

Of the foregoing appropriation item 200550, Foundation	153377
Funding, an amount shall be available in each fiscal year to be	153378
paid to joint vocational school districts in accordance with	153379
division (A) of section 3317.16 of the Revised Code and the	153380
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	153381
VOCATIONAL SCHOOL DISTRICTS."	153382

Of the foregoing appropriation item 200550, Foundation	153383
Funding, up to $700,000 in each fiscal year shall be used by the	153384
Department of Education for a program to pay for educational	153385
services for youth who have been assigned by a juvenile court or	153386
other authorized agency to any of the facilities described in	153387
division (A) of the section of this act entitled "PRIVATE	153388
TREATMENT FACILITY PROJECT."	153389

Of the foregoing appropriation item 200550, Foundation	153390
Funding, an amount shall be available in each fiscal year to pay	153391
eligible community schools the amounts required to comply with	153392
divisions (B) and (C) of the section of this act entitled	153393
"GUARANTEE FOR HIGH PERFORMING COMMUNITY SCHOOLS."	153394

The remainder of appropriation item 200550, Foundation	153395
Funding, shall be used to distribute the amounts calculated for	153396
formula aid under section 3317.022 of the Revised Code and the	153397
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	153398
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	153399

Appropriation items 200502, Pupil Transportation, 200540,	153400
Special Education Enhancements, and 200550, Foundation Funding,	153401
other than specific set-asides, are collectively used in each	153402
fiscal year to pay state formula aid obligations for school	153403
districts, community schools, STEM schools, college preparatory	153404
boarding schools, and joint vocational school districts under this	153405
act. The first priority of these appropriation items, with the	153406
exception of specific set-asides, is to fund state formula aid	153407
obligations. It may be necessary to reallocate funds among these	153408
appropriation items or use excess funds from other general revenue	153409
fund appropriation items in the Department of Education's budget	153410
in each fiscal year, in order to meet state formula aid	153411
obligations. If it is determined that it is necessary to transfer	153412
funds among these appropriation items or to transfer funds from	153413
other General Revenue Fund appropriations in the Department of	153414
Education's budget to meet state formula aid obligations, the	153415
Department of Education shall seek approval from the Controlling	153416
Board to transfer funds as needed.	153417

The Superintendent of Public Instruction shall make payments,	153418
transfers, and deductions, as authorized by Title XXXIII of the	153419
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	153420
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	153421
amounts substantially equal to those made in the prior year, or	153422
otherwise, at the discretion of the Superintendent, until at least	153423
the effective date of the amendments and enactments made to Title	153424
XXXIII by this act. If a new school district, community school, or	153425
STEM school opens prior to the effective date of this act, the	153426
Department of Education shall pay to the district or school an	153427
amount of $5,000 per pupil, based upon the estimated number of	153428
students that the district or school is expected to serve. Any	153429
funds paid to districts or schools under this section shall be	153430
credited toward the annual funds calculated for the district or	153431
school after the changes made to Title XXXIII in this act are	153432
effective. Upon the effective date of changes made to Title XXXIII	153433
in this act, funds shall be calculated as an annual amount.	153434

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	153435
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	153436

The Department of Education shall distribute funds within	153437
appropriation item 200550, Foundation Funding, for temporary	153438
transitional aid in each fiscal year to each qualifying city,	153439
local, and exempted village school district.	153440

(A) For fiscal years 2014 and 2015, the Department shall pay	153441
temporary transitional aid to each city, local, or exempted	153442
village school district that experiences any decrease in its state	153443
foundation funding for the current fiscal year from its	153444
transitional aid guarantee base. The amount of the temporary	153445
transitional aid payment shall equal the difference between its	153446
foundation funding for the current fiscal year and its	153447
transitional aid guarantee base. If the computation made under	153448
this division results in a negative number, the district's funding	153449
under this division shall be zero.	153450

(1) As used in this section, foundation funding for each	153451
city, local, and exempted village school district for a given	153452
fiscal year equals the sum of the amount calculated for the	153453
district under section 3317.022 of the Revised Code, as re-enacted	153454
by this act, and the amounts calculated for the district under	153455
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	153456
as amended by this act, for that fiscal year.	153457

(2) The transitional aid guarantee base for each city, local,	153458
and exempted village school district equals the sum of the amounts	153459
computed for the district for fiscal year 2013, under Sections	153460
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	153461
129th General Assembly. The Department of Education shall adjust,	153462
as necessary, the transitional aid guarantee base of any local	153463
school district that participates in the establishment of a joint	153464
vocational school district that begins receiving payments under	153465
section 3317.16 of the Revised Code, as re-enacted by this act,	153466
for fiscal year 2014, but does not receive payments under Section	153467
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	153468
fiscal year 2013. The Department shall adjust any such local	153469
school district's guarantee base according to the amounts received	153470
by the district in fiscal year 2013 for career-technical education	153471
students who attend the newly established joint vocational school	153472
district in fiscal year 2014.	153473

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	153474
as re-enacted by this act, in fiscal year 2014, no city, local, or	153475
exempted village school district shall be allocated foundation	153476
funding that is greater than 1.0625 times the district's	153477
transitional aid guarantee base.	153478

(2) Notwithstanding section 3317.022 of the Revised Code, as	153479
re-enacted by this act, in fiscal year 2015, no city, local, or	153480
exempted village school district shall be allocated foundation	153481
funding that is greater than 1.105 times the amount computed for	153482
foundation funding for the district for fiscal year 2014 plus any	153483
amount calculated for temporary transitional aid for fiscal year	153484
2014 under division (A) of this section and after any reductions	153485
made for fiscal year 2014 under division (B)(1) of this section.	153486

(3) The Department shall reduce a district's payments under	153487
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	153488
of the Revised Code, as re-enacted by this act, and divisions	153489
(G)(1) and (2) of section 3317.0212 of the Revised Code, as	153490
amended by this act, proportionately as necessary in order to	153491
comply with this division. If those amounts are insufficient, the	153492
Department shall proportionately reduce a district's payments	153493
under divisions (A)(3), (8), and (9) of section 3317.022 of the	153494
Revised Code, as re-enacted by this act.	153495

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	153496
VOCATIONAL SCHOOL DISTRICTS	153497

The Department of Education shall distribute funds within	153498
appropriation item 200550, Foundation Funding, for temporary	153499
transitional aid in each fiscal year to each qualifying joint	153500
vocational school district.	153501

(A) For fiscal years 2014 and 2015, the Department shall pay	153502
temporary transitional aid to each joint vocational school	153503
district that experiences any decrease in its state core	153504
foundation funding under division (A) of section 3317.16 of the	153505
Revised Code, as re-enacted by this act, for the current fiscal	153506
year from its transitional aid guarantee base. The amount of the	153507
temporary transitional aid payment shall equal the difference	153508
between the district's funding under division (A) of section	153509
3317.16 of the Revised Code for the current fiscal year and its	153510
transitional aid guarantee base. If the computation made under	153511
this division results in a negative number, the district's funding	153512
under this division shall be zero.	153513

The transitional aid guarantee base for each joint vocational	153514
school district equals the amount computed for the district for	153515
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	153516
the 129th General Assembly. The Department of Education shall	153517
establish, as necessary, the transitional aid guarantee base of	153518
any joint vocational school district that begins receiving	153519
payments under section 3317.16 of the Revised Code, as re-enacted	153520
by this act, for fiscal year 2014, but does not receive payments	153521
under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th General	153522
Assembly, for fiscal year 2013. The Department shall establish any	153523
such joint vocational school district's guarantee base as an	153524
amount equal to the absolute value of the sum of the associated	153525
adjustments of any local school districts' guarantee bases under	153526
Section 263.240 of this act.	153527

(B)(1) Notwithstanding division (A) of section 3317.16 of the	153528
Revised Code, as re-enacted by this act, in fiscal year 2014, no	153529
joint vocational school district shall be allocated state core	153530
foundation funding, as computed under division (A) of section	153531
3317.16 of the Revised Code, as re-enacted by this act, that is	153532
greater than 1.0625 times the district's transitional aid	153533
guarantee base.	153534

(2) Notwithstanding division (A) of section 3317.16 of the	153535
Revised Code, as re-enacted by this act, in fiscal year 2015, no	153536
joint vocational school district shall be allocated state core	153537
foundation funding, under division (A) of section 3317.16 of the	153538
Revised Code, as re-enacted by this act, that is greater than	153539
1.105 times the amount computed for state core foundation funding	153540
for the district for fiscal year 2014 under division (A) of	153541
section 3317.16 of the Revised Code, as re-enacted by this act,	153542
plus any amount calculated for temporary transitional aid for	153543
fiscal year 2014 under division (A) of this section and after any	153544
reductions made for fiscal year 2014 under division (B)(1) of this	153545
section.	153546

(3) The Department shall reduce a district's payments under	153547
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	153548
Code, as re-enacted by this act, proportionately as necessary in	153549
order to comply with this division. If those amounts are	153550
insufficient, the Department shall proportionately reduce a	153551
district's payments under divisions (A)(2), (5), and (6) of	153552
section 3317.16 of the Revised Code, as re-enacted by this act.	153553

Section 263.253. GUARANTEE FOR HIGH PERFORMING COMMUNITY	153554
SCHOOLS	153555

(A) As used in this section, "eligible community school"	153556
means a community school established under Chapter 3314. of the	153557
Revised Code that, for the 2009-2010, 2010-2011, and 2011-2012	153558
school years, was declared to be excellent or higher under section	153559
3302.03 of the Revised Code, as that section existed prior to	153560
March 22, 2013.	153561

(B) Notwithstanding section 3314.08 of the Revised Code, as	153562
amended by this act, in fiscal year 2014, no eligible community	153563
school shall receive payments under divisions (C)(1) and (2) of	153564
section 3314.08 of the Revised Code, as amended by this act, and	153565
division (D) of section 3314.091 of the Revised Code, as amended	153566
by this act, in an aggregate amount that is less than the	153567
community school's payments for fiscal year 2013 under divisions	153568
(D)(1), (2), and (4) to (10) of section 3314.08 of the Revised	153569
Code, as that section existed prior to the effective date of the	153570
amendments to that section by this act, division (D) of section	153571
3314.091 of the Revised Code, as that section existed prior to the	153572
effective date of the amendments to that section by this act, and	153573
Section 267.30.56 of Am. Sub. H.B. 153 of the 129th General	153574
Assembly.	153575

(C) Notwithstanding section 3314.08 of the Revised Code, as	153576
amended by this act, in fiscal year 2015, no eligible community	153577
school shall receive payments under divisions (C)(1) and (2) of	153578
section 3314.08 of the Revised Code, as amended by this act, and	153579
division (D) of section 3314.091 of the Revised Code, as amended	153580
by this act, in an aggregate amount that is less than the	153581
community school's payments for fiscal year 2013 under divisions	153582
(D)(1), (2), and (4) to (10) of section 3314.08 of the Revised	153583
Code, as that section existed prior to the effective date of the	153584
amendments to that section by this act, and division (D) of	153585
section 3314.091 of the Revised Code, as that section existed	153586
prior to the effective date of the amendments to that section by	153587
this act, and Section 267.30.56 of Am. Sub. H.B. 153 of the 129th	153588
General Assembly.	153589

Section 263.255. LITERACY IMPROVEMENT

153590

The foregoing appropriation item 200566, Literacy	153591
Improvement, shall be used for Read Baby Read.	153592

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

153593

The Superintendent of Public Instruction shall not request,	153594
and the Controlling Board shall not approve, the transfer of	153595
appropriation from appropriation item 200901, Property Tax	153596
Allocation - Education, to any other appropriation item.	153597

The appropriation item 200901, Property Tax Allocation -	153598
Education, is appropriated to pay for the state's costs incurred	153599
because of the homestead exemption, the property tax rollback, and	153600
payments required under division (C) of section 5705.2110 of the	153601
Revised Code. In cooperation with the Department of Taxation, the	153602
Department of Education shall distribute these funds directly to	153603
the appropriate school districts of the state, notwithstanding	153604
sections 321.24 and 323.156 of the Revised Code, which provide for	153605
payment of the homestead exemption and property tax rollback by	153606
the Tax Commissioner to the appropriate county treasurer and the	153607
subsequent redistribution of these funds to the appropriate local	153608
taxing districts by the county auditor.	153609

Upon receipt of these amounts, each school district shall	153610
distribute the amount among the proper funds as if it had been	153611
paid as real or tangible personal property taxes. Payments for the	153612
costs of administration shall continue to be paid to the county	153613
treasurer and county auditor as provided for in sections 319.54,	153614
321.26, and 323.156 of the Revised Code.	153615

Any sums, in addition to the amount specifically appropriated	153616
in appropriation items 200901, Property Tax Allocation -	153617
Education, for the homestead exemption and the property tax	153618
rollback payments, and payments required under division (C) of	153619
section 5705.2110 of the Revised Code, which are determined to be	153620
necessary for these purposes, are hereby appropriated.	153621

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

153622

The foregoing appropriation item 200681, Teacher	153623
Certification and Licensure, shall be used by the Department of	153624
Education in each year of the biennium to administer and support	153625
teacher certification and licensure activities.	153626

SCHOOL DISTRICT SOLVENCY ASSISTANCE

153627

(A) Of the foregoing appropriation item 200687, School	153628
District Solvency Assistance, $20,000,000 in each fiscal year	153629
shall be allocated to the School District Shared Resource Account	153630
and $5,000,000 in each fiscal year shall be allocated to the	153631
Catastrophic Expenditures Account. These funds shall be used to	153632
provide assistance and grants to school districts to enable them	153633
to remain solvent under section 3316.20 of the Revised Code.	153634
Assistance and grants shall be subject to approval by the	153635
Controlling Board. Except as provided under division (C) of this	153636
section, any required reimbursements from school districts for	153637
solvency assistance shall be made to the appropriate account in	153638
the School District Solvency Assistance Fund (Fund 5H30).	153639

(B) Notwithstanding any provision of law to the contrary,	153640
upon the request of the Superintendent of Public Instruction, the	153641
Director of Budget and Management may make transfers to the School	153642
District Solvency Assistance Fund (Fund 5H30) from any fund used	153643
by the Department of Education or the General Revenue Fund to	153644
maintain sufficient cash balances in Fund 5H30 in fiscal years	153645
2014 and 2015. Any cash transferred is hereby appropriated. The	153646
transferred cash may be used by the Department of Education to	153647
provide assistance and grants to school districts to enable them	153648
to remain solvent and to pay unforeseeable expenses of a temporary	153649
or emergency nature that the school district is unable to pay from	153650
existing resources. The Director of Budget and Management shall	153651
notify the members of the Controlling Board of any such transfers.	153652

(C) If the cash balance of the School District Solvency	153653
Assistance Fund (Fund 5H30) is insufficient to pay solvency	153654
assistance in fiscal years 2014 and 2015, at the request of the	153655
Superintendent of Public Instruction, and with the approval of the	153656
Controlling Board, the Director of Budget and Management may	153657
transfer cash from the Lottery Profits Education Reserve Fund	153658
(Fund 7018) to Fund 5H30 to provide assistance and grants to	153659
school districts to enable them to remain solvent and to pay	153660
unforeseeable expenses of a temporary nature that they are unable	153661
to pay from existing resources under section 3316.20 of the	153662
Revised Code. Such transfers are hereby appropriated to	153663
appropriation item 200670, School District Solvency Assistance –	153664
Lottery. Any required reimbursements from school districts for	153665
solvency assistance granted from appropriation item 200670, School	153666
District Solvency Assistance – Lottery, shall be made to Fund	153667
7018.	153668

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

153669

Upon the request of the Superintendent of Public Instruction,	153670
the Director of Budget and Management may transfer up to $750,000	153671
cash in each fiscal year from the General Revenue Fund to the	153672
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	153673
transferred cash is to be used by the Department of Education to	153674
pay the expenses the Department incurs in administering the	153675
Medicaid School Component of the Medicaid program established	153676
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	153677
of each fiscal year, or as soon as possible thereafter, the	153678
Director of Budget and Management shall transfer cash from Fund	153679
3AF0 back to the General Revenue Fund in an amount equal to the	153680
total amount transferred to Fund 3AF0 in that fiscal year.	153681

The money deposited into Fund 3AF0 under division (B) of	153682
section 5162.64 of the Revised Code is hereby appropriated for	153683
fiscal years 2014 and 2015 and shall be used in accordance with	153684
division (C) of section 5162.64 of the Revised Code.	153685

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

153686

The foregoing appropriation item 200626, Half-Mill	153687
Maintenance Equalization, shall be used to make payments pursuant	153688
to section 3318.18 of the Revised Code.	153689

Section 263.300. GATES FOUNDATION GRANTS

153690

The foregoing appropriation item 200668, Gates Foundation	153691
Grants, shall be used by the Department of Education to provide	153692
professional development to school district principals,	153693
superintendents, and other administrative staff on the use of	153694
education technology.	153695

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

153696

Notwithstanding section 3317.064 of the Revised Code, if the	153697
unexpended, unencumbered cash balance is sufficient, the Treasurer	153698
of State shall transfer $1,500,000 in fiscal year 2014 within	153699
thirty days after the effective date of this section, and	153700
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	153701
Auxiliary Services Personnel Unemployment Compensation Fund to the	153702
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	153703
Department of Education.	153704

Section 263.320. LOTTERY PROFITS EDUCATION FUND

153705

Appropriation item 200612, Foundation Funding (Fund 7017),	153706
shall be used in conjunction with appropriation item 200550,	153707
Foundation Funding (GRF), to provide state foundation payments to	153708
school districts.	153709

The Department of Education, with the approval of the	153710
Director of Budget and Management, shall determine the monthly	153711
distribution schedules of appropriation item 200550, Foundation	153712
Funding (GRF), and appropriation item 200612, Foundation Funding	153713
(Fund 7017). If adjustments to the monthly distribution schedule	153714
are necessary, the Department of Education shall make such	153715
adjustments with the approval of the Director of Budget and	153716
Management.	153717

STRAIGHT A FUND

153718

Of the foregoing appropriation item, 200648, Straight A Fund,	153719
up to $375,000 in each fiscal year shall be used to provide	153720
scholarships to parents of high needs children enrolled in the Get	153721
Ready for Kindergarten pilot program. These scholarships shall be	153722
administered as provided under the section of this act entitled	153723
"GET READY FOR KINDERGARTEN."	153724

Of the foregoing appropriation item 200648, Straight A Fund,	153725
up to $500,000 in fiscal year 2014 and up to $3,000,000 in fiscal	153726
year 2015 shall be used for the New Leaders for Ohio Schools Pilot	153727
Project in accordance with Section 733.40 of this act.	153728

Of the foregoing appropriation item 200648, Straight A Fund,	153729
up to $70,000 in each fiscal year shall be used by Kids Unlimited	153730
of Toledo for quality after-school tutoring and mentoring programs	153731
in two elementary school buildings in Lucas County. The school	153732
buildings may include any community school, chartered nonpublic	153733
school, or building that is part of a city, local, or exempted	153734
village school district. Kids Unlimited of Toledo shall provide	153735
local matching funds equal to the set-aside.	153736

Of the foregoing appropriation item 200648, Straight A Fund,	153737
up to $5,000,000 in fiscal year 2015 shall be used to support the	153738
implementation of the College Credit Plus Program established	153739
under Chapter 3365. of the Revised Code.	153740

Of the foregoing appropriation item 200648, Straight A Fund,	153741
up to $250,000 in each fiscal year may be used to make competitive	153742
grants in accordance with Section 263.324 of this act.	153743

The remainder of appropriation item 200648, Straight A Fund,	153744
shall be used to make competitive grants in accordance with	153745
Section 263.325 of this act.	153746

EDCHOICE EXPANSION

153747

The foregoing appropriation item 200666, EdChoice Expansion,	153748
shall be used as follows:	153749

(A) In fiscal year 2014, notwithstanding section 3310.032 of	153750
the Revised Code, the Department of Education shall administer an	153751
expansion of the Educational Choice Scholarship program as	153752
follows:	153753

(1) A student is an "eligible student" for purposes of the	153754
expansion of the Educational Choice Scholarship Pilot Program	153755
under division (A) of this section if the student's resident	153756
district is not a school district in which the pilot project	153757
scholarship program is operating under sections 3313.974 to	153758
3313.979 of the Revised Code and the student's family income is at	153759
or below two hundred per cent of the federal poverty guidelines,	153760
as defined in section 5101.46 of the Revised Code.	153761

(2) The Department shall pay scholarships to attend chartered	153762
nonpublic schools in accordance with section 3310.08 of the	153763
Revised Code. The number of scholarships awarded under division	153764
(A) of this section shall not exceed the number that can be funded	153765
with appropriations made by the general assembly for this purpose.	153766

(3) Scholarships under division (A) of this section shall be	153767
awarded for the 2013-2014 school year, to eligible students who	153768
are entering kindergarten in that school year for the first time.	153769

(4) If the number of eligible students who apply for a	153770
scholarship exceeds the scholarships available based on the	153771
appropriation for division (A) of this section, the department	153772
shall award scholarships in the following order of priority:	153773

(a) First, to eligible students with family incomes at or	153774
below one hundred per cent of the federal poverty guidelines.	153775

(b) Second, to other eligible students who qualify under	153776
division (A) of this section. If the number of students described	153777
in division (A)(4)(b) of this section exceeds the number of	153778
available scholarships after awards are made under division	153779
(A)(4)(a) of this section, the department shall select students	153780
described in division (A)(4)(b) of this section by lot to receive	153781
any remaining scholarships.	153782

(5) A student who receives a scholarship under division (A)	153783
of this section remains an eligible student and may continue to	153784
receive scholarships under section 3310.032 of the Revised Code in	153785
subsequent school years until the student completes grade twelve,	153786
so long as the student satisfies the conditions specified in	153787
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	153788

Once a scholarship is awarded under this section, the student	153789
shall remain eligible for that scholarship for the current and	153790
subsequent school years, even if the student's family income rises	153791
above the amount specified in division (A) of section 3310.032 of	153792
the Revised Code, provided the student remains enrolled in a	153793
chartered nonpublic school.	153794

(B) In fiscal year 2015, to provide for the scholarships	153795
awarded under the expansion of the educational choice program	153796
established under section 3310.032 of the Revised Code. The number	153797
of scholarships awarded under the expansion of the educational	153798
choice program shall not exceed the number that can be funded with	153799
the appropriations made by the General Assembly for this purpose.	153800

COMMUNITY SCHOOL FACILITIES

153801

The foregoing appropriation item 200684, Community School	153802
Facilities, shall be used to pay each community school established	153803
under Chapter 3314. of the Revised Code that is not an internet-	153804
or computer-based community school and each STEM school	153805
established under Chapter 3326. of the Revised Code an amount	153806
equal to $100 for each full-time equivalent pupil for assistance	153807
with the cost associated with facilities. If the amount	153808
appropriated is not sufficient, the Department of Education shall	153809
prorate the amounts so that the aggregate amount appropriated is	153810
not exceeded.	153811

Section 263.323. GET READY FOR KINDERGARTEN

153812

(A) A preschool is an "eligible preschool" for the purposes	153813
of this section if the preschool has a quality rating in the top	153814
two tiers of the tiered rating improvement system developed under	153815
division (C)(3)(d) of section 5104.30 of the Revised Code.	153816

(B) The Department of Education shall provide scholarships to	153817
parents of high needs children to enroll in eligible preschools as	153818
defined in division (A) of this section.	153819

(C) Scholarships under this section shall be awarded to	153820
students who are at least age three but are not of compulsory	153821
school age, as defined in section 3321.01 of the Revised Code, and	153822
who are not currently enrolled in kindergarten. Students who	153823
receive scholarships under this section shall enroll in eligible	153824
preschools between July 1, 2013, and December 31, 2013.	153825

Section 263.324. (A) A program that has applied for or	153826
received a Promise Neighborhood Implementation Grant from the	153827
United States Department of Education that is located in a city	153828
school district may apply to the Ohio Department of Education for	153829
a grant under this section.	153830

(B) To be eligible to receive a grant, a program shall meet	153831
either of the following criteria:	153832

(1) The program was awarded a Promise Neighborhood	153833
Implementation Grant in the year for which a grant is sought from	153834
the Ohio Department of Education.	153835

(2) The program applied to the United States Department of	153836
Education for a Promise Neighborhood Implementation Grant in	153837
either the year for which the state grant is sought or in the year	153838
prior to which the state grant is sought.	153839

(C) A program that receives a grant from the Ohio Department	153840
of Education under this section shall use the funds for	153841
administrative costs associated with the Promise Neighborhood	153842
Program.	153843

(D) Any program that receives a grant from the Ohio	153844
Department of Education under this section shall contribute local	153845
matching funds that are equal to the amount of the grant received	153846
by the Department.	153847

Section 263.325. (A) The Straight A Program is hereby created	153848
for fiscal years 2014 and 2015 to provide grants to city, local,	153849
exempted village, and joint vocational school districts,	153850
educational service centers, community schools established under	153851
Chapter 3314., STEM schools established under Chapter 3326.,	153852
college-preparatory boarding schools established under Chapter	153853
3328. of the Revised Code, individual school buildings, education	153854
consortia (which may represent a partnership among school	153855
districts, school buildings, community schools, or STEM schools),	153856
institutions of higher education, and private entities partnering	153857
with one or more of the educational entities identified in this	153858
division for projects that aim to achieve significant advancement	153859
in one or more of the following goals:	153860

(1) Student achievement;

153861

(2) Spending reduction in the five-year fiscal forecast	153862
required under section 5705.391 of the Revised Code;	153863

(3) Utilization of a greater share of resources in the	153864
classroom.	153865

(B)(1) Grants shall be awarded by a nine-member governing	153866
board consisting of the Superintendent of Public Instruction, or	153867
the Superintendent's designee, four members appointed by the	153868
Governor, two members appointed by the Speaker of the House of	153869
Representatives, and two members appointed by the President of the	153870
Senate. The Department of Education shall provide administrative	153871
support to the board. No member shall be compensated for the	153872
member's service on the board.	153873

(2) The board may establish an advisory council consisting of	153874
grant advisors with fiscal expertise and education expertise.	153875
These advisors shall evaluate proposals from grant applicants,	153876
consult with the governing board regarding strategic planning, and	153877
advise the staff administering the program. No advisor shall be	153878
compensated for this service.	153879

(3) The board shall issue an annual report to the Governor,	153880
the Speaker of the House of Representatives, the President of the	153881
Senate, and the chairpersons of the House and Senate committees	153882
that primarily deal with education regarding the types of grants	153883
awarded, the grant recipients, and the effectiveness of the grant	153884
program.	153885

(4) The board shall create a grant application and publish on	153886
the Department's web site the application and timeline for the	153887
submission, review, notification, and awarding of grant proposals.	153888

(5) With the approval of the board, the Department shall	153889
establish a system for evaluating and scoring the grant	153890
applications received under this section.	153891

(C) Each grant applicant shall submit a proposal that	153892
includes all of the following:	153893

(1) A description of the project for which the applicant is	153894
seeking a grant, including a description of how the project will	153895
have substantial value and lasting impact;	153896

(2) An explanation of how the project will be	153897
self-sustaining. If the project will result in increased ongoing	153898
spending, the applicant shall show how the spending will be offset	153899
by verifiable, credible, permanent spending reductions.	153900

(3) A description of quantifiable results of the project that	153901
can be benchmarked.	153902

If an education consortia described in division (A) of this	153903
section applies for a grant, the lead applicant shall be the	153904
school district, school building, community school, or STEM school	153905
that is a member of the consortia and shall so indicate on the	153906
grant application.	153907

(D)(1) Within seventy-five days after receiving a grant	153908
application, the board shall issue a decision on the application	153909
of "yes," "no," "hold," or "edit." In making its decision, the	153910
board shall consider whether the project has the capability of	153911
being replicated in other school districts and schools or creates	153912
something that can be used in other districts and schools.	153913

(2) If the board issues a "hold" or "edit" decision for an	153914
application, it shall, upon returning the application to the	153915
applicant, specify the process for reconsideration of the	153916
application. An applicant may work with the grant advisors and	153917
staff to modify or improve a grant application.	153918

(E) Upon deciding to award a grant to an applicant, the board	153919
shall enter into a grant agreement with the applicant that	153920
includes all of the following:	153921

(1) The content of the applicant's proposal as outlined under	153922
division (C) of this section;	153923

(2) The project's deliverables and a timetable for their	153924
completion;	153925

(3) Conditions for receiving grant funding;

153926

(4) Conditions for receiving funding in future years if the	153927
contract is a multi-year contract;	153928

(5) A provision specifying that funding will be returned to	153929
the board if the applicant fails to implement the agreement, as	153930
determined by the Auditor of State.	153931

(6) A provision specifying that the agreement may be amended	153932
by mutual agreement between the board and the applicant.	153933

(F) Each grant awarded under this section shall be subject to	153934
approval by the Controlling Board prior to execution of the grant	153935
agreement.	153936

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

153937

(A) There is hereby created the Lottery Profits Education	153938
Reserve Fund (Fund 7018) in the State Treasury. Investment	153939
earnings of the Lottery Profits Education Reserve Fund shall be	153940
credited to the fund.	153941

(B) Notwithstanding any other provision of law to the	153942
contrary, the Director of Budget and Management may transfer cash	153943
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	153944
in fiscal year 2014 and fiscal year 2015.	153945

(C) On July 15, 2013, or as soon as possible thereafter, the	153946
Director of the Ohio Lottery Commission shall certify to the	153947
Director of Budget and Management the amount by which lottery	153948
profit transfers received by Fund 7017 exceeded $680,500,000 in	153949
fiscal year 2013.	153950

(D) On July 15, 2014, or as soon as possible thereafter, the	153951
Director of the Ohio Lottery Commission shall certify to the	153952
Director of Budget and Management the amount by which lottery	153953
profit transfers received by Fund 7017 exceeded $841,000,000 in	153954
fiscal year 2014.	153955

(E) Notwithstanding any provision of law to the contrary, in	153956
fiscal year 2014 and fiscal year 2015, the Director of Budget and	153957
Management may transfer cash in excess of the amounts necessary to	153958
support appropriations in Fund 7017 from that fund to Fund 7018.	153959

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	153960
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	153961

Notwithstanding any provision of law to the contrary, in	153962
fiscal year 2014 and fiscal year 2015 the Director of Budget and	153963
Management may make temporary transfers between the General	153964
Revenue Fund and the School District Property Tax Replacement –	153965
Business Fund (Fund 7047), used by the Department of Education, to	153966
ensure sufficient balances in Fund 7047 and to replenish the	153967
General Revenue Fund for such transfers.	153968

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	153969
BUSINESS	153970

The foregoing appropriation item 200909, School District	153971
Property Tax Replacement – Business, shall be used by the	153972
Department of Education, in consultation with the Department of	153973
Taxation, to make payments to school districts and joint	153974
vocational school districts under section 5751.21 of the Revised	153975
Code. If it is determined by the Director of Budget and Management	153976
that additional appropriations are necessary for this purpose,	153977
such amounts are hereby appropriated.	153978

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

153979

The foregoing appropriation item 200900, School District	153980
Property Tax Replacement-Utility, shall be used by the Department	153981
of Education, in consultation with the Department of Taxation, to	153982
make payments to school districts and joint vocational school	153983
districts under section 5727.85 of the Revised Code. If it is	153984
determined by the Director of Budget and Management that	153985
additional appropriations are necessary for this purpose, such	153986
amounts are hereby appropriated.	153987

DISTRIBUTION FORMULAS

153988

The Department of Education shall report the following to the	153989
Director of Budget and Management and the Legislative Service	153990
Commission:	153991

(A) Changes in formulas for distributing state	153992
appropriations, including administratively defined formula	153993
factors;	153994

(B) Discretionary changes in formulas for distributing	153995
federal appropriations;	153996

(C) Federally mandated changes in formulas for distributing	153997
federal appropriations.	153998

Any such changes shall be reported two weeks prior to the	153999
effective date of the change.	154000

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

154001

In fiscal year 2014, the Department of Education shall pay	154002
the governing board of each primary educational service center	154003
state funds equal to thirty-seven dollars times its student count,	154004
as calculated under division (G)(1) of section 3313.843 of the	154005
Revised Code.	154006

In fiscal year 2015, the Department of Education shall pay	154007
the governing board of each primary educational service center	154008
state funds equal to thirty-five dollars times its student count,	154009
as calculated under division (G)(1) of section 3313.843 of the	154010
Revised Code.	154011

If the amount earmarked for the state reimbursement of	154012
educational service centers in appropriation item 200550,	154013
Foundation Funding, is not sufficient, the Department of Education	154014
shall prorate the payment amounts so that the appropriation is not	154015
exceeded.	154016

Notwithstanding any provision of law to the contrary, the	154017
Department of Education shall modify the payments under this	154018
section as follows:	154019

(A) If an educational service center ceases operation, the	154020
Department shall redistribute that center's funding, as calculated	154021
under this section, to the remaining centers in proportion to each	154022
center's service center ADM as defined in former section 3317.11	154023
of the Revised Code, as that section existed prior to the date of	154024
its repeal.	154025

(B) If two or more educational service centers merge	154026
operations to create a single service center, the Department shall	154027
distribute the sum of the original service centers' funding, as	154028
calculated under this section, to the new service center.	154029

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	154030
ASSESSMENT OF EDUCATION PROGRESS	154031

The General Assembly intends for the Superintendent of Public	154032
Instruction to provide for school district participation in the	154033
administration of the National Assessment of Education Progress in	154034
accordance with section 3301.27 of the Revised Code. Each school	154035
and school district selected for participation by the	154036
Superintendent of Public Instruction shall participate.	154037

Section 263.373. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	154038
STUDENTS	154039

(A) As used in this section:

154040

(1) "IEP" has the same meaning as in section 3323.01 of the	154041
Revised Code.	154042

(2) "SBH student" means a student receiving special education	154043
and related services for severe behavior disabilities pursuant to	154044
an IEP.	154045

(B) This section applies only to a community school	154046
established under Chapter 3314. of the Revised Code that in each	154047
of fiscal years 2014 and 2015 enrolls a number of SBH students	154048
equal to at least fifty per cent of the total number of students	154049
enrolled in the school in the applicable fiscal year.	154050

(C) In addition to any state foundation payments made, in	154051
each of fiscal years 2014 and 2015, the Department of Education	154052
shall pay to a community school to which this section applies a	154053
subsidy equal to the difference between the aggregate amount	154054
calculated and paid in that fiscal year to the community school	154055
for special education and related services additional weighted	154056
costs for the SBH students enrolled in the school and the	154057
aggregate amount that would have been calculated for the school	154058
for special education and related services additional weighted	154059
costs for those same students in fiscal year 2001. If the	154060
difference is a negative number, the amount of the subsidy shall	154061
be zero.	154062

(D) The amount of any subsidy paid to a community school	154063
under this section shall not be deducted from the school district	154064
in which any of the students enrolled in the community school are	154065
entitled to attend school under section 3313.64 or 3313.65 of the	154066
Revised Code. The amount of any subsidy paid to a community school	154067
under this section shall be paid from funds appropriated to the	154068
Department of Education in appropriation item 200550, Foundation	154069
Funding.	154070

Section 263.380. EARMARK ACCOUNTABILITY

154071

At the request of the Superintendent of Public Instruction,	154072
any entity that receives a budget earmark under the Department of	154073
Education shall submit annually to the chairpersons of the	154074
committees of the House of Representatives and the Senate	154075
primarily concerned with education and to the Department of	154076
Education a report that includes a description of the services	154077
supported by the funds, a description of the results achieved by	154078
those services, an analysis of the effectiveness of the program,	154079
and an opinion as to the program's applicability to other school	154080
districts. For an earmarked entity that received state funds from	154081
an earmark in the prior fiscal year, no funds shall be provided by	154082
the Department of Education to an earmarked entity for a fiscal	154083
year until its report for the prior fiscal year has been	154084
submitted.	154085

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

154086

A community school established under Chapter 3314. of the	154087
Revised Code that was open for operation as a community school as	154088
of May 1, 2005, may operate from or in any home, as defined in	154089
section 3313.64 of the Revised Code, located in the state,	154090
regardless of when the community school's operations from or in a	154091
particular home began.	154092

Section 263.400. USE OF VOLUNTEERS

154093

The Department of Education may utilize the services of	154094
volunteers to accomplish any of the purposes of the Department.	154095
The Superintendent of Public Instruction shall approve for what	154096
purposes volunteers may be used and for these purposes may	154097
recruit, train, and oversee the services of volunteers. The	154098
Superintendent may reimburse volunteers for necessary and	154099
appropriate expenses in accordance with state guidelines and may	154100
designate volunteers as state employees for the purpose of motor	154101
vehicle accident liability insurance under section 9.83 of the	154102
Revised Code, for immunity under section 9.86 of the Revised Code,	154103
and for indemnification from liability incurred in the performance	154104
of their duties under section 9.87 of the Revised Code.	154105

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	154106
REIMBURSEMENTS	154107

(A) Except as expressly required under a court judgment not	154108
subject to further appeals, or a settlement agreement with a	154109
school district executed on or before June 1, 2009, in the case of	154110
a school district for which the formula ADM for fiscal year 2005,	154111
as reported for that fiscal year under division (A) of section	154112
3317.03 of the Revised Code, was reduced based on enrollment	154113
reports for community schools, made under section 3314.08 of the	154114
Revised Code, regarding students entitled to attend school in the	154115
district, which reduction of formula ADM resulted in a reduction	154116
of foundation funding or transitional aid funding for fiscal year	154117
2005, 2006, or 2007, no school district, except a district named	154118
in the court's judgment or the settlement agreement, shall have a	154119
legal claim for reimbursement of the amount of such reduction in	154120
foundation funding or transitional aid funding, and the state	154121
shall not have liability for reimbursement of the amount of such	154122
reduction in foundation funding or transitional aid funding.	154123

(B) As used in this section:

154124

(1) "Community school" means a community school established	154125
under Chapter 3314. of the Revised Code.	154126

(2) "Entitled to attend school" means entitled to attend	154127
school in a school district under section 3313.64 or 3313.65 of	154128
the Revised Code.	154129

(3) "Foundation funding" means payments calculated for the	154130
respective fiscal year under Chapter 3317. of the Revised Code.	154131

(4) "Transitional aid funding" means payments calculated for	154132
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	154133
of the 125th General Assembly, as subsequently amended; Section	154134
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	154135
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	154136
of the 127th General Assembly.	154137

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

154138

(A) If the Auditor of State or a public accountant, pursuant	154139
to section 117.41 of the Revised Code, declares a community school	154140
established under Chapter 3314. of the Revised Code to be	154141
unauditable, the Auditor of State shall provide written	154142
notification of that declaration to the school, the school's	154143
sponsor, and the Department of Education. The Auditor of State	154144
also shall post the notification on the Auditor of State's web	154145
site.	154146

(B) Notwithstanding any provision to the contrary in Chapter	154147
3314. of the Revised Code or any other provision of law, a sponsor	154148
of a community school that is notified by the Auditor of State	154149
under division (A) of this section that a community school it	154150
sponsors is unauditable shall not enter into contracts with any	154151
additional community schools under section 3314.03 of the Revised	154152
Code until the Auditor of State or a public accountant has	154153
completed a financial audit of that school.	154154

(C) Not later than forty-five days after receiving	154155
notification by the Auditor of State under division (A) of this	154156
section that a community school is unauditable, the sponsor of the	154157
school shall provide a written response to the Auditor of State.	154158
The response shall include the following:	154159

(1) An overview of the process the sponsor will use to review	154160
and understand the circumstances that led to the community school	154161
becoming unauditable;	154162

(2) A plan for providing the Auditor of State with the	154163
documentation necessary to complete an audit of the community	154164
school and for ensuring that all financial documents are available	154165
in the future;	154166

(3) The actions the sponsor will take to ensure that the plan	154167
described in division (C)(2) of this section is implemented.	154168

(D) If a community school fails to make reasonable efforts	154169
and continuing progress to bring its accounts, records, files, or	154170
reports into an auditable condition within ninety days after being	154171
declared unauditable, the Auditor of State, in addition to	154172
requesting legal action under sections 117.41 and 117.42 of the	154173
Revised Code, shall notify the Department of the school's failure.	154174
If the Auditor of State or a public accountant subsequently is	154175
able to complete a financial audit of the school, the Auditor of	154176
State shall notify the Department that the audit has been	154177
completed.	154178

(E) Notwithstanding any provision to the contrary in Chapter	154179
3314. of the Revised Code or any other provision of law, upon	154180
notification by the Auditor of State under division (D) of this	154181
section that a community school has failed to make reasonable	154182
efforts and continuing progress to bring its accounts, records,	154183
files, or reports into an auditable condition following a	154184
declaration that the school is unauditable, the Department shall	154185
immediately cease all payments to the school under Chapter 3314.	154186
of the Revised Code and any other provision of law. Upon	154187
subsequent notification from the Auditor of State under that	154188
division that the Auditor of State or a public accountant was able	154189
to complete a financial audit of the community school, the	154190
Department shall release all funds withheld from the school under	154191
this section.	154192

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

154193

In collaboration with the County Family and Children First	154194
Council, a city, local, or exempted village school district,	154195
community school, STEM school, joint vocational school district,	154196
educational service center, or county board of developmental	154197
disabilities that receives allocations from the Department of	154198
Education from appropriation item 200550, Foundation Funding, or	154199
appropriation item 200540, Special Education Enhancements, may	154200
transfer portions of those allocations to a flexible funding pool	154201
authorized by the Section of this act entitled "FAMILY AND	154202
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	154203
maintenance of effort or for federal or state funding matching	154204
requirements shall not be transferred unless the allocation may	154205
still be used to meet such requirements.	154206

Section 263.440. The Department of Education shall conduct a	154207
formative evaluation of the Jon Peterson Special Needs Scholarship	154208
Program established under sections 3310.51 to 3310.64 of the	154209
Revised Code and shall report its findings to the General	154210
Assembly, in accordance with section 101.68 of the Revised Code,	154211
not later than December 31, 2014.	154212

In conducting the evaluation, the Department shall to the	154213
extent possible gather comments from parents who have been awarded	154214
scholarships under the program, school district officials,	154215
representatives of registered private providers, educators, and	154216
representatives of educational organizations for inclusion in the	154217
report required under this section.	154218

The Department may contract with one or more qualified	154219
researchers who have previous experience evaluating school choice	154220
programs to conduct this study. The Department may accept grants	154221
to assist in funding this study.	154222

Section 263.443. Notwithstanding anything to the contrary in	154223
section 3310.52 of the Revised Code, during the fall 2013	154224
application period for the Jon Peterson Special Needs Scholarship	154225
Program established under sections 3310.51 to 3310.64 of the	154226
Revised Code, the Department of Education shall not accept any	154227
applications from students who have not received a scholarship	154228
from the program in the previous or current school year.	154229

Section 263.450. (A) The Ohio Open Enrollment Task Force is	154230
hereby established to review and make recommendations on open	154231
enrollment. The Superintendent of Public Instruction shall consult	154232
with the Governor's Office of 21st Century Education to convene a	154233
taskforce that consists of representatives from school districts	154234
that represent all sectors of Ohio's educational community.	154235

(B) The Superintendent shall designate the chairperson of the	154236
Task Force. All meetings of the Task Force shall be held at the	154237
call of the chairperson.	154238

(C) The Task Force shall review and make recommendations	154239
regarding the process by which students may enroll in other school	154240
districts under open enrollment and the funding mechanisms	154241
associated with open enrollment deductions and credits.	154242

(D) Not later than December 31, 2013, the Task Force shall	154243
issue a report of its findings and recommendations to the	154244
Governor, the President of the Senate, and the Speaker of the	154245
House of Representatives. Upon issuance of the report, the Task	154246
Force shall cease to exist.	154247

Section 263.470. (A) On July 1, 2013, or as soon as possible	154248
thereafter, notwithstanding any provision of law to the contrary,	154249
and if requested by the Department of Education, the Director of	154250
Budget and Management shall make budget changes made necessary by	154251
the transfer of the operations and related management functions of	154252
the eTech Ohio Commission to the Department of Education, if any,	154253
including administrative organization, program transfers, the	154254
creation of new funds, the transfer of state funds, and the	154255
consolidation of funds, as authorized by this section. The	154256
Director of Budget and Management may, if necessary, establish	154257
encumbrances or parts of encumbrances in the fiscal year 2014-2015	154258
biennium in the appropriate fund and appropriation item for the	154259
same purpose and for payment to the same vendor. The established	154260
encumbrances plus any additional amounts determined to be	154261
necessary for the Ohio Department of Education to perform the	154262
operations and related management functions of the eTech Ohio	154263
Commission are hereby appropriated.	154264

(B) Effective July 1, 2013, the Director of Budget and	154265
Management shall cancel any existing encumbrances against	154266
appropriation item 935607, Gates Foundation Grants, and	154267
re-establish them against appropriation item 200668, Gates	154268
Foundation Grants. The re-established encumbrance amounts are	154269
hereby appropriated. Any business commenced but not completed	154270
under appropriation item 935607 by July 1, 2013, shall be	154271
completed under appropriation item 200668 in the same manner and	154272
with the same effect as if it were completed with regard to	154273
appropriation item 935607.	154274

(C) Effective July 1, 2013, the Director of Budget and	154275
Management shall cancel existing encumbrances against	154276
appropriation item 935408, General Operations, and re-establish	154277
them, as determined to be appropriate by the Director of Budget	154278
and Management, against appropriation item 200464, General	154279
Technology Operations. The re-established encumbrance amounts are	154280
hereby appropriated. Any business commenced but not completed	154281
under appropriation item 935408 by July 1, 2013, shall be	154282
completed, as determined to be appropriate by the Director of	154283
Budget and Management, under appropriation item 200464 in the same	154284
manner and with the same effect as if it were completed with	154285
regard to appropriation item 935408.	154286

(D) Effective July 1, 2013, the Director of Budget and	154287
Management shall cancel existing encumbrances against	154288
appropriation item 935411, Technology Integration and Professional	154289
Development, and re-establish them, as determined to be	154290
appropriate by the Director of Budget and Management, against	154291
appropriation item 200465, Technology Integration and Professional	154292
Development. The re-established encumbrance amounts are hereby	154293
appropriated. Any business commenced but not completed under	154294
appropriation item 935411 by July 1, 2013, shall be completed, as	154295
determined to be appropriate by the Director of Budget and	154296
Management, under appropriation item 200465 in the same manner and	154297
with the same effect as if it were completed with regard to	154298
appropriation item 935411.	154299

(E) There is hereby created the Educational Technology	154300
Practice Office as a cross-functional office comprised of	154301
employees of the Ohio Board of Regents and the Department of	154302
Education, including former employees of the eTech Ohio Commission	154303
transferred to the Ohio Board of Regents and the Department of	154304
Education. The Office shall work with educational service centers	154305
and information technology centers to develop digital learning,	154306
blended learning, and professional development materials using	154307
shared infrastructure. The Office shall also evaluate new	154308
educational technology and methodologies of teaching and learning	154309
and work with educators to increase awareness of such new	154310
technology and methodologies shown to be helpful to Ohio students.	154311

Section 263.473. Notwithstanding section 3321.01 of the	154312
Revised Code, no student who has been admitted to and has	154313
successfully completed kindergarten in the 2012-2013 school year	154314
shall be required to repeat kindergarten based solely on the age	154315
of the student.	154316

Section 263.480. PRIVATE TREATMENT FACILITY PROJECT

154317

(A) As used in this section:

154318

(1) The following are "participating residential treatment	154319
centers":	154320

(a) Private residential treatment facilities that have	154321
entered into a contract with the Department of Youth Services to	154322
provide services to children placed at the facility by the	154323
Department and which, in fiscal year 2014 or fiscal year 2015 or	154324
both, the Department pays through appropriation item 470401,	154325
RECLAIM Ohio;	154326

(b) Abraxas, in Shelby;

154327

154328

(d) F.I.R.S.T., in Mansfield.

154329

(2) "Education program" means an elementary or secondary	154330
education program or a special education program and related	154331
services.	154332

(3) "Served child" means any child receiving an education	154333
program pursuant to division (B) of this section.	154334

(4) "School district responsible for tuition" means a city,	154335
exempted village, or local school district that, if tuition	154336
payment for a child by a school district is required under law	154337
that existed in fiscal year 1998, is the school district required	154338
to pay that tuition.	154339

(5) "Residential child" means a child who resides in a	154340
participating residential treatment center and who is receiving an	154341
educational program under division (B) of this section.	154342

(B) A youth who is a resident of the state and has been	154343
assigned by a juvenile court or other authorized agency to a	154344
residential treatment facility specified in division (A) of this	154345
section shall be enrolled in an approved educational program	154346
located in or near the facility. Approval of the educational	154347
program shall be contingent upon compliance with the criteria	154348
established for such programs by the Department of Education. The	154349
educational program shall be provided by a school district or	154350
educational service center, or by the residential facility itself.	154351
Maximum flexibility shall be given to the residential treatment	154352
facility to determine the provider. In the event that a voluntary	154353
agreement cannot be reached and the residential facility does not	154354
choose to provide the educational program, the educational service	154355
center in the county in which the facility is located shall	154356
provide the educational program at the treatment center to	154357
children under twenty-two years of age residing in the treatment	154358
center.	154359

(C) Any school district responsible for tuition for a	154360
residential child shall, notwithstanding any conflicting provision	154361
of the Revised Code regarding tuition payment, pay tuition for the	154362
child for fiscal year 2014 and fiscal year 2015 to the education	154363
program provider and in the amount specified in this division. If	154364
there is no school district responsible for tuition for a	154365
residential child and if the participating residential treatment	154366
center to which the child is assigned is located in the city,	154367
exempted village, or local school district that, if the child were	154368
not a resident of that treatment center, would be the school	154369
district where the child is entitled to attend school under	154370
sections 3313.64 and 3313.65 of the Revised Code, that school	154371
district, notwithstanding any conflicting provision of the Revised	154372
Code, shall pay tuition for the child for fiscal year 2014 and	154373
fiscal year 2015 under this division unless that school district	154374
is providing the educational program to the child under division	154375
(B) of this section.	154376

A tuition payment under this division shall be made to the	154377
school district, educational service center, or residential	154378
treatment facility providing the educational program to the child.	154379

The amount of tuition paid shall be:

154380

(1) The amount of tuition determined for the district under	154381
division (A) of section 3317.08 of the Revised Code;	154382

(2) In addition, for any student receiving special education	154383
pursuant to an individualized education program as defined in	154384
section 3323.01 of the Revised Code, a payment for excess costs.	154385
This payment shall equal the actual cost to the school district,	154386
educational service center, or residential treatment facility of	154387
providing special education and related services to the student	154388
pursuant to the student's individualized education program, minus	154389
the tuition paid for the child under division (C)(1) of this	154390
section.	154391

A school district paying tuition under this division shall	154392
not include the child for whom tuition is paid in the district's	154393
average daily membership certified under division (A) of section	154394
3317.03 of the Revised Code.	154395

(D) In each of fiscal years 2014 and 2015, the Department of	154396
Education shall reimburse, from appropriations made for the	154397
purpose, a school district, educational service center, or	154398
residential treatment facility, whichever is providing the	154399
service, that has demonstrated that it is in compliance with the	154400
funding criteria for each served child for whom a school district	154401
must pay tuition under division (C) of this section. The amount of	154402
the reimbursement shall be the amount appropriated for this	154403
purpose divided by the full-time equivalent number of children for	154404
whom reimbursement is to be made.	154405

(E) Funds provided to a school district, educational service	154406
center, or residential treatment facility under this section shall	154407
be used to supplement, not supplant, funds from other public	154408
sources for which the school district, service center, or	154409
residential treatment facility is entitled or eligible.	154410

(F) The Department of Education shall track the utilization	154411
of funds provided to school districts, educational service	154412
centers, and residential treatment facilities under this section	154413
and monitor the effect of the funding on the educational programs	154414
they provide in participating residential treatment facilities.	154415
The Department shall monitor the programs for educational	154416
accountability.	154417

Section 265.10. ELC OHIO ELECTIONS COMMISSION

154418

General Revenue Fund	154419

GRF	051321		Operating Expenses		$	333,117		$	333,117		154420
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		154421

General Services Fund Group	154422

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	154423
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	154424
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	154425

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	154427
DIRECTORS	154428

General Services Fund Group	154429

4K90	881609	Operating Expenses	$	737,000	$	741,000	154430
TOTAL GSF General Services							154431
Fund Group			$	737,000	$	741,000	154432
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	154433

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

154435

Accrued Leave Liability Fund Group	154436

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	154437
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	154438
TOTAL ALF Accrued Leave Liability							154439
Fund Group			$	100,087,989	$	102,309,274	154440

Agency Fund Group	154441

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	154442
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	154443
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	154444
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	154445
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	154446
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	154447
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	154448
					154449

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

154450

ACCRUED LEAVE LIABILITY FUND

154451

The foregoing appropriation item 995666, Accrued Leave Fund,	154452
shall be used to make payments from the Accrued Leave Liability	154453
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	154454
If it is determined by the Director of Budget and Management that	154455
additional amounts are necessary, the amounts are hereby	154456
appropriated.	154457

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

154458

The foregoing appropriation item 995667, Disability Fund,	154459
shall be used to make payments from the State Employee Disability	154460
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	154461
Revised Code. If it is determined by the Director of Budget and	154462
Management that additional amounts are necessary, the amounts are	154463
hereby appropriated.	154464

PAYROLL DEDUCTION FUND

154465

The foregoing appropriation item 995673, Payroll Deductions,	154466
shall be used to make payments from the Payroll Deduction Fund	154467
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	154468
is determined by the Director of Budget and Management that	154469
additional appropriation amounts are necessary, the amounts are	154470
hereby appropriated.	154471

STATE EMPLOYEE HEALTH BENEFIT FUND

154472

The foregoing appropriation item 995668, State Employee	154473
Health Benefit Fund, shall be used to make payments from the State	154474
Employee Health Benefit Fund (Fund 8080) pursuant to section	154475
124.87 of the Revised Code. If it is determined by the Director of	154476
Budget and Management that additional amounts are necessary, the	154477
amounts are hereby appropriated.	154478

DEPENDENT CARE SPENDING FUND

154479

The foregoing appropriation item 995669, Dependent Care	154480
Spending Account, shall be used to make payments from the	154481
Dependent Care Spending Fund (Fund 8090) to employees eligible for	154482
dependent care expenses pursuant to section 124.822 of the Revised	154483
Code. If it is determined by the Director of Budget and Management	154484
that additional amounts are necessary, the amounts are hereby	154485
appropriated.	154486

LIFE INSURANCE INVESTMENT FUND

154487

The foregoing appropriation item 995670, Life Insurance	154488
Investment Fund, shall be used to make payments from the Life	154489
Insurance Investment Fund (Fund 8100) for the costs and expenses	154490
of the state's life insurance benefit program pursuant to section	154491
125.212 of the Revised Code. If it is determined by the Director	154492
of Budget and Management that additional amounts are necessary,	154493
the amounts are hereby appropriated.	154494

PARENTAL LEAVE BENEFIT FUND

154495

The foregoing appropriation item 995671, Parental Leave	154496
Benefit Fund, shall be used to make payments from the Parental	154497
Leave Benefit Fund (Fund 8110) to employees eligible for parental	154498
leave benefits pursuant to section 124.137 of the Revised Code. If	154499
it is determined by the Director of Budget and Management that	154500
additional amounts are necessary, the amounts are hereby	154501
appropriated.	154502

HEALTH CARE SPENDING ACCOUNT FUND

154503

The foregoing appropriation item 995672, Health Care Spending	154504
Account, shall be used to make payments from the Health Care	154505
Spending Account Fund (Fund 8130) for payments pursuant to state	154506
employees' participation in a flexible spending account for	154507
non-reimbursed health care expenses and section 124.821 of the	154508
Revised Code. If it is determined by the Director of	154509
Administrative Services that additional appropriation amounts are	154510
necessary, the Director of Administrative Services may request	154511
that the Director of Budget and Management increase such amounts.	154512
Such amounts are hereby appropriated.	154513

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

154514

On July 1, 2013, or as soon as possible thereafter, the	154515
Director of Budget and Management shall transfer $735,000 cash	154516
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	154517
Fund (Fund 4270) used by the Department of Administrative	154518
Services, and up to $5,200,000 cash from the Cost Savings Fund	154519
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	154520
support accrued leave payouts to state employees who are	154521
participating in an annual leave conversion or who are separating	154522
from state service.	154523

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

154524

General Revenue Fund	154525

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		154526
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		154527

General Services Fund Group	154528

5720	125603	Training and Publications	$	85,000	$	85,000	154529
TOTAL GSF General Services							154530
Fund Group			$	85,000	$	85,000	154531
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	154532

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

154534

General Services Fund Group	154535

4K90	892609	Operating	$	996,938	$	993,889	154536
TOTAL GSF General Services							154537
Fund Group			$	996,938	$	993,889	154538
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	154539

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

154541

General Revenue Fund	154542

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		154543
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		154544

General Services Fund Group	154545

1990	715602	Laboratory Services	$	252,153	$	326,029	154546
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	154547
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	154548
4D50	715618	Recycled State Materials	$	50,000	$	50,000	154549
TOTAL GSF General Services							154550
Fund Group			$	13,157,833	$	13,233,709	154551

Federal Special Revenue Fund Group	154552

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	154553
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	154554
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	154555
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	154556
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	154557
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	154558
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	154559
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	154560
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	154561
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	154562
3V70	715606	Agencywide Grants	$	600,000	$	600,000	154563
TOTAL FED Federal Special Revenue							154564
Fund Group			$	46,531,800	$	46,016,675	154565

State Special Revenue Fund Group	154566

4J00	715638	Underground Injection Control	$	389,126	$	402,697	154567
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	154568
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	154569
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	154570
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	154571
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	154572
4P50	715654	Cozart Landfill	$	100,000	$	100,000	154573
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	154574
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	154575
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	154576
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	154577
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	154578
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	154579
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	154580
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	154581
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	154582
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	154583
5420	715671	Risk Management Reporting	$	208,936	$	214,826	154584
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	154585
5BC0	715617	Clean Ohio	$	611,455	$	611,455	154586
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	154587
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	154588
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	154589
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	154590
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	154591
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	154592
5BC0	715678	Corrective Actions	$	705,423	$	705,423	154593
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	154594
5BC0	715692	Administration	$	10,582,627	$	10,582,627	154595
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	154596
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	154597
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	154598
5H40	715664	Groundwater Support	$	128,212	$	223,212	154599
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	154600
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	154601
6600	715629	Infectious Waste Management	$	88,764	$	88,764	154602
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	154603
6780	715635	Air Toxic Release	$	133,636	$	133,636	154604
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	154605
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	154606
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	154607
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	154608
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	154609

Clean Ohio Conservation Fund Group	154610

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	154611
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	154612
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	154613

AREAWIDE PLANNING AGENCIES

154614

The Director of Environmental Protection Agency may award	154615
grants from appropriation item 715687, Areawide Planning Agencies,	154616
to areawide planning agencies engaged in areawide water quality	154617
management and planning activities in accordance with Section 208	154618
of the "Federal Clean Water Act," 33 U.S.C. 1288.	154619

CASH TRANSFERS

154620

On July 1, 2013, or as soon as possible thereafter, the	154621
Director of Budget and Management may transfer up to $11,400,000	154622
cash from the Hazardous Waste Management Fund (Fund 5030) to the	154623
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	154624
corrective action programs that were transferred to the Division	154625
of Environmental Response and Revitalization.	154626

On July 1, 2013, or as soon as possible thereafter, the	154627
Director of Environmental Protection shall certify to the Director	154628
of Budget and Management the cash balance in the Dredge and Fill	154629
Fund (Fund 5N20). The Director of Budget and Management shall	154630
transfer the certified amount from Fund 5N20 to the Surface Water	154631
Protection Fund (Fund 4K40). Any existing encumbrances against	154632
appropriation item 715613, Dredge and Fill, shall be canceled and	154633
reestablished against appropriation item 715650, Surface Water	154634
Protection. The reestablished encumbrance amounts are hereby	154635
appropriated and Fund 5N20 is abolished.	154636

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

154637

General Revenue Fund	154638

GRF	172321	Operating Expenses	$	545,530	$	545,530	154639
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	154640
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	154641

Section 278.10. ETC BROADCAST EDUCATIONAL MEDIA COMMISSION

154643

General Revenue Fund	154644

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	154645
GRF	935402	Ohio Government Telecommunications Services	$	1,252,089	$	1,252,089	154646
GRF	935408	General Operations	$	495,000	$	495,000	154647
GRF	935409	Technology Operations	$	2,743,962	$	2,743,962	154648
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	154649
GRF	935412	Information Technology	$	500,000	$	500,000	154650
TOTAL GRF General Revenue Fund			$	7,813,706	$	7,813,706	154651

General Services Fund Group	154652

4F30	935603	Affiliate Services	$	50,000	$	50,000	154653
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	154654
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	154655

State Special Revenue Fund Group	154656

5FK0	935608		Media Services		$	491,373		$	491,373		154657
TOTAL SSR State Special Revenue Fund Group					$	491,373		$	491,373		154658

TOTAL ALL BUDGET FUND GROUPS

8,380,079

154659

Section 278.20. STATEHOUSE NEWS BUREAU

154661

The foregoing appropriation item 935401, Statehouse News	154662
Bureau, shall be used solely to support the operations of the Ohio	154663
Statehouse News Bureau.	154664

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

154665

The foregoing appropriation item 935402, Ohio Government	154666
Telecommunications Services, shall be used solely to support the	154667
operations of Ohio Government Telecommunications Services which	154668
include providing multimedia support to the state government and	154669
its affiliated organizations and broadcasting the activities of	154670
the legislative, judicial, and executive branches of state	154671
government, among its other functions.	154672

TECHNOLOGY OPERATIONS

154673

The foregoing appropriation item 935409, Technology	154674
Operations, shall be used by the Broadcast Educational Media	154675
Commission to pay expenses of the network infrastructure, which	154676
includes the television and radio transmission infrastructure and	154677
infrastructure that shall link all public K-12 classrooms to each	154678
other and to the Internet, and provide access to voice, video,	154679
other communication services, and data educational resources for	154680
students and teachers.	154681

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

154682

The foregoing appropriation item 935410, Content Development,	154683
Acquisition, and Distribution, shall be used for the development,	154684
acquisition, and distribution of information resources by public	154685
media and radio reading services and for educational use in the	154686
classroom and online.	154687

Of the foregoing appropriation item 935410, Content	154688
Development, Acquisition, and Distribution, up to $658,099 in each	154689
fiscal year shall be allocated equally among the Ohio educational	154690
television stations. Funds shall be used for the production of	154691
interactive instructional programming series with priority given	154692
to resources aligned with state academic content standards. The	154693
programming shall be targeted to the needs of the poorest two	154694
hundred school districts as determined by the district's adjusted	154695
valuation per pupil as defined in former section 3317.0213 of the	154696
Revised Code as that section existed prior to June 30, 2005.	154697

Of the foregoing appropriation item 935410, Content	154698
Development, Acquisition, and Distribution, up to $1,749,283 in	154699
each fiscal year shall be distributed by the Broadcast Educational	154700
Media Commission to Ohio's qualified public educational television	154701
stations and educational radio stations to support their	154702
operations. The funds shall be distributed pursuant to an	154703
allocation formula used by the Ohio Educational Telecommunications	154704
Network Commission unless a substitute formula is developed by the	154705
Broadcast Educational Media Commission in consultation with Ohio's	154706
qualified public educational television stations and educational	154707
radio stations.	154708

Of the foregoing appropriation item 935410, Content	154709
Development, Acquisition, and Distribution, up to $199,712 in each	154710
fiscal year shall be distributed by the Broadcast Educational	154711
Media Commission to Ohio's qualified radio reading services to	154712
support their operations. The funds shall be distributed pursuant	154713
to an allocation formula used by the Ohio Educational	154714
Telecommunications Network Commission unless a substitute formula	154715
is developed by the Broadcast Educational Media Commission in	154716
consultation with Ohio's qualified radio reading services.	154717

Section 279.10. ETH OHIO ETHICS COMMISSION

154718

General Revenue Fund	154719

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		154720
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		154721

General Services Fund Group	154722

4M60	146601	Operating Expenses	$	636,388	$	641,000	154723
TOTAL GSF General Services							154724
Fund Group			$	636,388	$	641,000	154725
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	154726

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

154728

General Revenue Fund	154729

GRF	723403	Junior Fair Subsidy	$	250,000	$	250,000	154730
GRF	723501	Construction Planning	$	670,000	$	0	154731
TOTAL GRF General Revenue Fund			$	920,000	$	250,000	154732

State Special Revenue Fund Group	154733

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	154734
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	154735
TOTAL SSR State Special Revenue							154736
Fund Group			$	13,129,000	$	13,129,000	154737
TOTAL ALL BUDGET FUND GROUPS			$	14,049,000	$	13,379,000	154738

CONSTRUCTION PLANNING

154739

The foregoing appropriation item 723501, Construction	154740
Planning, shall be used for acquiring purchased services for new	154741
and renovated facility planning, including, but not limited to,	154742
necessary architectural engineering, land or facility use	154743
consulting services, and facility construction. An amount equal to	154744
the unexpended, unencumbered portion of the foregoing	154745
appropriation item 723501, Construction Planning, is hereby	154746
reappropriated for the same purpose in FY 2015.	154747

STATE FAIR RESERVE

154748

The General Manager of the Expositions Commission, in	154749
consultation with the Director of Budget and Management, may	154750
submit a request to the Controlling Board to use available amounts	154751
in the State Fair Reserve Fund (Fund 6400) if revenues for the	154752
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	154753
unexpectedly low.	154754

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

154755

General Revenue Fund	154756

GRF	230401	Lease Rental Payments - Cultural Facilities	$	10,550,568	$	29,854,500	154757
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	154758
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	154759
TOTAL GRF General Revenue Fund			$	364,852,419	$	409,464,951	154760

General Services Fund Group	154761

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		154762
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		154763

State Special Revenue Fund Group	154764

4T80	230603	Community Project Administration	$	150,000	$	200,000	154765
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	154766
TOTAL SSR State Special Revenue							154767
Fund Group			$	8,700,000	$	8,750,000	154768
TOTAL ALL BUDGET FUND GROUPS			$	383,015,761	$	427,678,293	154769

Section 282.20. LEASE RENTAL PAYMENTS

154771

The foregoing appropriation item 230401, Lease Rental	154772
Payments - Cultural Facilities, shall be used to meet all payments	154773
at the times they are required to be made during the period from	154774
January 1, 2014, through June 30, 2015, from the Ohio Facilities	154775
Construction Commission under the primary leases and agreements	154776
for those arts and sports facilities made under Chapters 152. and	154777
154. of the Revised Code. These appropriations are the source of	154778
funds pledged for bond service charges on related obligations	154779
issued under Chapters 152. and 154. of the Revised Code.	154780

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

154781

The foregoing appropriation item 230908, Common Schools	154782
General Obligation Debt Service, shall be used to pay all debt	154783
service and related financing costs at the times they are required	154784
to be made during the period from July 1, 2013, through June 30,	154785
2015, for obligations issued under sections 151.01 and 151.03 of	154786
the Revised Code.	154787

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

154788

The foregoing appropriation item 230603, Community Project	154789
Administration, shall be used by the Ohio Facilities Construction	154790
Commission in administering Cultural and Sports Facilities	154791
Building Fund (Fund 7030) projects pursuant to section 123.201 of	154792
the Revised Code.	154793

Section 282.40. OPERATING EXPENSES

154794

The foregoing appropriation item 230644, Operating Expenses,	154795
shall be used by the Ohio School Facilities Commission to carry	154796
out its responsibilities under this section and Chapter 3318. of	154797
the Revised Code.	154798

In both fiscal years 2014 and 2015, the Executive Director of	154799
the Ohio School Facilities Commission shall certify on a quarterly	154800
basis to the Director of Budget and Management the amount of cash	154801
from interest earnings to be transferred from the School Building	154802
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	154803
7021), and the Educational Facilities Trust Fund (Fund N087) to	154804
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	154805
transferred from the School Building Assistance Fund (Fund 7032)	154806
may not exceed investment earnings credited to the fund, less any	154807
amount required to be paid for federal arbitrage rebate purposes.	154808

If the Executive Director of the Ohio Facilities Construction	154809
Commission determines that transferring cash from interest	154810
earnings is insufficient to support operations and carry out its	154811
responsibilities under this section and Chapter 3318. of the	154812
Revised Code, the Commission may, with the approval of the	154813
Controlling Board, transfer cash not generated from interest from	154814
the Public School Building Fund (Fund 7021) and the Educational	154815
Trust Fund (Fund N087) to the Ohio School Facilities Commission	154816
Fund (Fund 5E30).	154817

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

154818

At the request of the Executive Director of the Ohio School	154819
Facilities Commission, the Director of Budget and Management may	154820
cancel encumbrances for school district projects from a previous	154821
biennium if the district has not raised its local share of project	154822
costs within thirteen months of receiving Controlling Board	154823
approval under section 3318.05 or 3318.41 of the Revised Code. The	154824
Executive Director of the Ohio School Facilities Commission shall	154825
certify the amounts of the canceled encumbrances to the Director	154826
of Budget and Management on a quarterly basis. The amounts of the	154827
canceled encumbrances are hereby appropriated.	154828

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	154829
APPROPRIATIONS	154830

On January 1, 2014, or as soon as possible thereafter, the	154831
Executive Director of the Facilities Construction Commission shall	154832
certify to the Director of Budget and Management the amount of	154833
cash receipts and related investment income, irrevocable letters	154834
of credit from a bank, or certification of the availability of	154835
funds that have been received from a county or a municipal	154836
corporation for deposit into the Capital Donations Fund (Fund	154837
5A10) and that are related to an anticipated project. These	154838
amounts are hereby appropriated to appropriation item C37146,	154839
Capital Donations. Prior to certifying these amounts to the	154840
Director, the Executive Director shall make a written agreement	154841
with the participating entity on the necessary cash flows required	154842
for the anticipated construction or equipment acquisition project.	154843

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	154844
MAINTENANCE LEVY	154845

The Ohio School Facilities Commission shall amend the project	154846
agreement between the Commission and a school district that is	154847
participating in the Accelerated Urban School Building Assistance	154848
Program on the effective date of this section, if the Commission	154849
determines that it is necessary to do so in order to comply with	154850
division (B)(3)(c) of section 3318.38 of the Revised Code.	154851

Section 282.70. Notwithstanding any other provision of law to	154852
the contrary, the Ohio School Facilities Commission may determine	154853
the amount of funding available for disbursement in a given fiscal	154854
year for any project approved under sections 3318.01 to 3318.20 of	154855
the Revised Code in order to keep aggregate state capital spending	154856
within approved limits and may take actions including, but not	154857
limited to, determining the schedule for design or bidding of	154858
approved projects, to ensure appropriate and supportable cash	154859
flow.	154860

Section 282.80. Notwithstanding division (B) of section	154861
3318.40 of the Revised Code, the Ohio School Facilities Commission	154862
may provide assistance to at least one joint vocational school	154863
district each fiscal year for the acquisition of classroom	154864
facilities in accordance with sections 3318.40 to 3318.45 of the	154865
Revised Code.	154866

Section 282.90. Effective January 1, 2014, the Ohio Cultural	154867
Facilities Commission is abolished. Except as otherwise provided	154868
in this section, all obligations of the Ohio Cultural Facilities	154869
Commission under agreements to which the Ohio Cultural Facilities	154870
Commission is a party, and all records and assets of the Ohio	154871
Cultural Facilities Commission, including, without limitation,	154872
equipment, inventory, contract rights, accounts, and general	154873
intangibles, are transferred to the Ohio Facilities Construction	154874
Commission.	154875

The Ohio Facilities Construction Commission shall designate	154876
the positions, if any, to be transferred to the Ohio Facilities	154877
Construction Commission, along with any equipment assigned to	154878
those positions. Any employee transferred to the Ohio Facilities	154879
Construction Commission retains the employee's respective	154880
classification, but the Ohio Facilities Construction Commission	154881
may reassign and reclassify the employee's position and	154882
compensation as the Ohio Facilities Construction Commission	154883
determines to be in the best interest of office administration.	154884

The Ohio Facilities Construction Commission shall complete	154885
any activities related to the design, planning, construction, and	154886
related management functions commenced but not completed by the	154887
Ohio Cultural Facilities Commission in the same manner and with	154888
the same effect as if the Ohio Cultural Facilities Commission had	154889
completed them. The consolidation of the commissions shall not	154890
cause the loss or impairment of any validation, cure, right,	154891
privilege, remedy, obligation, or liability, which the Ohio	154892
Facilities Construction Commission shall administer.	154893

All rules, orders, and determinations related to the design,	154894
planning, and construction and related management functions of the	154895
Ohio Cultural Facilities Commission continue in effect as rules,	154896
orders, and determinations of the Ohio Facilities Construction	154897
Commission until the Ohio Facilities Construction Commission	154898
modifies or rescinds them. The Director of the Legislative Service	154899
Commission shall renumber the rules of the Ohio Cultural	154900
Facilities Commission related to that commission's design,	154901
planning, and construction and related management functions to	154902
reflect their transfer to the Ohio Facilities Construction	154903
Commission.	154904

The transfer of functions from the Ohio Cultural Facilities	154905
Commission to the Ohio Facilities Construction Commission does not	154906
affect any pending judicial or administrative action or proceeding	154907
to which the Ohio Cultural Facilities Commission is a party and	154908
that is related to that commission's design, planning,	154909
construction, capital funding, or related management functions.	154910
Any such action or proceeding shall be prosecuted or defended in	154911
the name of the Ohio Facilities Construction Commission. On	154912
application to the court or agency, the Ohio Facilities	154913
Construction Commission shall be substituted for the Ohio Cultural	154914
Facilities Commission as a party to the action or proceeding.	154915

Effective January 1, 2014, the Director of Budget and	154916
Management shall cancel any existing encumbrances against	154917
appropriation item 371603, Project Administration, and	154918
re-establish them against appropriation item 230603, Community	154919
Project Administration. The re-established encumbrance amounts are	154920
hereby appropriated. Any business commenced but not completed	154921
under appropriation item 371603 by January 1, 2014, shall be	154922
completed under appropriation item 230603 in the same manner and	154923
with the same effect as if it were completed with regard to	154924
appropriation item 371603.	154925

Funds collected as part of a management contract for the	154926
Riffe Theatres, which previously were deposited in the Ohio	154927
Cultural Facilities Commission Administration Fund (Fund 4T80),	154928
shall be credited to the Theater Equipment Maintenance Fund (Fund	154929
5MV0), which is hereby created in the State Treasury. The Director	154930
of Budget and Management shall transfer from the Ohio Cultural	154931
Facilities Commission Administration Fund to the Theater Equipment	154932
Maintenance Fund any remaining cash balances from funds collected	154933
as part of a management contract for the Riffe Theatres. In order	154934
to facilitate this transfer, the Executive Director of the Ohio	154935
Facilities Construction Commission, by January 1, 2014, or as soon	154936
as possible thereafter, shall certify to the Director of Budget	154937
and Management an estimate of the amount to be transferred. The	154938
Department of Administrative Services shall use appropriation item	154939
100662, Theater Equipment Maintenance, to spend cash in the	154940
Theater Equipment Maintenance Fund (Fund 5MV0).	154941

The Ohio Facilities Construction Commission may enter into an	154942
interagency agreement with the Department of Administrative	154943
Services for the Department to perform any of the functions	154944
transferred to the Ohio Facilities Construction Commission under	154945
this section.	154946

Any reference to the Ohio Cultural Facilities Commission in	154947
any statute, rule, contract, grant, or other document is deemed to	154948
refer to the Ohio Facilities Construction Commission.	154949

The Ohio Facilities Construction Commission, the Ohio Public	154950
Facilities Commission, and the issuing authority of any	154951
obligations issued for the financing of capital facilities for	154952
Ohio cultural facilities and Ohio sports facilities may execute	154953
instruments, documents, and agreements and may take necessary or	154954
appropriate actions to effect the orderly transfer of those	154955
obligations from the Ohio Cultural Facilities Commission to the	154956
Ohio Facilities Construction Commission.	154957

This section takes effect January 1, 2014.

154958

Section 283.10. GOV OFFICE OF THE GOVERNOR

154959

General Revenue Fund	154960

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		154961
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		154962

General Services Fund Group	154963

5AK0	040607		Government Relations		$	365,149		$	365,149		154964
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		154965

TOTAL ALL BUDGET FUND GROUPS

3,216,701

154966

GOVERNMENT RELATIONS

154967

A portion of the foregoing appropriation item 040607,	154968
Government Relations, may be used to support Ohio's membership in	154969
national or regional associations.	154970

The Office of the Governor may charge any state agency of the	154971
executive branch using an intrastate transfer voucher such amounts	154972
necessary to defray the costs incurred for the conduct of	154973
governmental relations associated with issues that can be	154974
attributed to the agency. Amounts collected shall be deposited in	154975
the Government Relations Fund (Fund 5AK0).	154976

Section 285.10. DOH DEPARTMENT OF HEALTH

154977

General Revenue Fund	154978

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	154979
GRF	440413	Local Health Departments	$	823,061	$	823,061	154980
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	154981
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	154982
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	154983
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	154984
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	154985
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	154986
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	154987
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	154988
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	154989
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	154990
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	154991
GRF	440467	Access to Dental Care	$	540,484	$	540,484	154992
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	154993
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	154994
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	154995
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	154996
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	154997
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	154998
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	154999
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	155000

State Highway Safety Fund Group	155001

4T40	440603	Child Highway Safety	$	233,894	$	233,894	155002
TOTAL HSF State Highway Safety							155003
Fund Group			$	233,894	$	233,894	155004

General Services Fund Group	155005

1420	440646	Agency Health Services	$	820,998	$	820,998	155006
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	155007
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	155008
6980	440634	Nurse Aide Training	$	99,265	$	99,265	155009
TOTAL GSF General Services							155010
Fund Group			$	36,535,854	$	36,972,732	155011

Federal Special Revenue Fund Group	155012

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	155013
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	155014
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	155015
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	155016
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	155017
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	155018
TOTAL FED Federal Special Revenue							155019
Fund Group			$	455,010,657	$	457,383,142	155020

State Special Revenue Fund Group	155021

4700	440647	Fee Supported Programs	$	25,905,250	$	26,213,586	155022
4710	440619	Certificate of Need	$	878,433	$	878,433	155023
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	155024
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	155025
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	155026
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	155027
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	155028
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	155029
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	155030
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	155031
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	155032
5CN0	440645	Choose Life	$	75,000	$	75,000	155033
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	155034
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	155035
5G40	440639	Adoption Services	$	20,000	$	20,000	155036
5L10	440623	Nursing Facility Technical Assistance Program	$	700,000	$	700,000	155037
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	155038
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	155039
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	155040
TOTAL SSR State Special Revenue							155041
Fund Group			$	69,901,542	$	70,246,022	155042

Holding Account Redistribution Fund Group	155043

R014	440631	Vital Statistics	$	44,986	$	44,986	155044
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	155045
TOTAL 090 Holding Account							155046
Redistribution Fund Group			$	64,986	$	64,986	155047

Tobacco Master Settlement Agreement Fund Group	155048

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	155049
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	155050
TOTAL ALL BUDGET FUND GROUPS			$	651,804,547	$	654,958,390	155051

Section 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

155053

Of the foregoing appropriation item 440416, Mothers and	155054
Children Safety Net Services, $200,000 in each fiscal year shall	155055
be used to assist families with hearing impaired children under	155056
twenty-one years of age in purchasing hearing aids. The Director	155057
of Health shall adopt rules governing the distribution of these	155058
funds, including rules that do both of the following: (1)	155059
establish eligibility criteria to include families with incomes at	155060
or below four hundred per cent of the federal poverty guidelines	155061
as defined in section 5101.46 of the Revised Code, and (2) develop	155062
a sliding scale of disbursements under this section based on	155063
family income. The Director may adopt other rules as necessary to	155064
implement this section. Rules adopted under this section shall be	155065
adopted in accordance with Chapter 119. of the Revised Code.	155066

The Department shall disburse all of the funds appropriated	155067
under this section.	155068

HIV/AIDS PREVENTION/TREATMENT

155069

The foregoing appropriation item 440444, AIDS Prevention and	155070
Treatment, shall be used to assist persons with HIV/AIDS in	155071
acquiring HIV-related medications and to administer educational	155072
prevention initiatives.	155073

PUBLIC HEALTH LABORATORY

155074

A portion of the foregoing appropriation item 440451, Public	155075
Health Laboratory, shall be used for coordination and management	155076
of prevention program operations and the purchase of drugs for	155077
sexually transmitted diseases.	155078

HELP ME GROW

155079

The foregoing appropriation item 440459, Help Me Grow, shall	155080
be used by the Department of Health to implement the Help Me Grow	155081
Program. Funds shall be distributed to counties through	155082
agreements, contracts, grants, or subsidies in accordance with	155083
section 3701.61 of the Revised Code. Appropriation item 440459,	155084
Help Me Grow, may be used in conjunction with other early	155085
childhood funds and services to promote the optimal development of	155086
young children and family-centered programs and services that	155087
acknowledge and support the social, emotional, cognitive,	155088
intellectual, and physical development of children and the vital	155089
role of families in ensuring the well-being and success of	155090
children. The Department of Health shall enter into interagency	155091
agreements with the Department of Education, Department of	155092
Developmental Disabilities, Department of Job and Family Services,	155093
and Department of Mental Health and Addiction Services to ensure	155094
that all early childhood programs and initiatives are coordinated	155095
and school linked.	155096

The foregoing appropriation item 440459, Help Me Grow, may	155097
also be used for the Developmental Autism and Screening Program.	155098

INFANT VITALITY

155099

The foregoing appropriation item 440474, Infant Vitality,	155100
shall be used to fund the following projects, which are hereby	155101
created:	155102

(A) The Infant Safe Sleep Campaign to educate parents and	155103
caregivers with a uniform message regarding safe sleep	155104
environments;	155105

(B) The Progesterone Prematurity Prevention Project to enable	155106
prenatal care providers to identify, screen, treat, and track	155107
outcomes for women eligible for progesterone supplementation; and	155108

(C) The Prenatal Smoking Cessation Project to enable prenatal	155109
care providers who work with women of reproductive age, including	155110
pregnant women, to have the tools, training, and technical	155111
assistance needed to treat smokers effectively.	155112

TARGETED HEALTH CARE SERVICES OVER 21

155113

The foregoing appropriation item 440507, Targeted Health Care	155114
Services Over 21, shall be used to administer the Cystic Fibrosis	155115
Program and to implement the Hemophilia Insurance Premium Payment	155116
Program.	155117

The foregoing appropriation item 440507, Targeted Health Care	155118
Services Over 21, shall also be used to provide essential	155119
medications and to pay the copayments for drugs approved by the	155120
Department of Health and covered by Medicare Part D that are	155121
dispensed to Bureau for Children with Medical Handicaps (BCMH)	155122
participants for the Cystic Fibrosis Program.	155123

The Department shall expend all of these funds.

155124

GENETICS SERVICES

155125

The foregoing appropriation item 440608, Genetics Services	155126
(Fund 4D60), shall be used by the Department of Health to	155127
administer programs authorized by sections 3701.501 and 3701.502	155128
of the Revised Code. None of these funds shall be used to counsel	155129
or refer for abortion, except in the case of a medical emergency.	155130

MEDICALLY HANDICAPPED CHILDREN AUDIT

155131

The Medically Handicapped Children Audit Fund (Fund 4770)	155132
shall receive revenue from audits of hospitals and recoveries from	155133
third-party payers. Moneys may be expended for payment of audit	155134
settlements and for costs directly related to obtaining recoveries	155135
from third-party payers and for encouraging Medically Handicapped	155136
Children's Program recipients to apply for third-party benefits.	155137
Moneys also may be expended for payments for diagnostic and	155138
treatment services on behalf of medically handicapped children, as	155139
defined in division (A) of section 3701.022 of the Revised Code,	155140
and Ohio residents who are twenty-one or more years of age and who	155141
are suffering from cystic fibrosis or hemophilia. Moneys may also	155142
be expended for administrative expenses incurred in operating the	155143
Medically Handicapped Children's Program.	155144

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

155145

The foregoing appropriation item 440607, Medically	155146
Handicapped Children - County Assessments (Fund 6660), shall be	155147
used to make payments under division (E) of section 3701.023 of	155148
the Revised Code.	155149

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

155150

On July 1 of each fiscal year, or as soon as possible	155151
thereafter, the Director of Budget and Management may transfer	155152
$700,000 cash from the Resident Protection Fund (Fund 4E30), which	155153
is used by the Department of Medicaid, to the Nursing Facility	155154
Technical Assistance Program Fund (Fund 5L10), which is used by	155155
the Department of Health.	155156

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	155157
THE TOBACCO USE PREVENTION FUND	155158

On July 1, 2013, or as soon as possible thereafter, the	155159
Director of Budget and Management shall transfer $2,439,230 cash	155160
from the Public Health Priorities Trust Fund (Fund L087) to the	155161
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	155162
needs of the Department of Health's tobacco enforcement and	155163
cessation efforts.	155164

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	155165
STRUCTURE	155166

Upon request from the Director of Health, the Director of	155167
Budget and Management may establish new funds, new appropriation	155168
items, and appropriations in order to support the transition to a	155169
new appropriation item structure in the Department of Health's	155170
budget. Also, upon request of the Director of Health, the Director	155171
of Budget and Management may transfer appropriations between GRF	155172
appropriation items, transfer cash between any funds used by the	155173
Department of Health, abolish existing funds used by the	155174
Department of Health, and cancel and reestablish encumbrances. Any	155175
establishment of new funds or appropriation items, any transfers	155176
of appropriations or cash, and any increases in appropriation	155177
under this section are subject to Controlling Board approval.	155178

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

155179

Agency Fund Group	155180

4610	372601	Operating Expenses	$	12,500	$	12,500	155181
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	155182
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	155183

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

155185

General Revenue Fund	155186

GRF	148100	Personal Services	$	333,037	$	347,852	155187
GRF	148402	Community Programs	$	44,924	$	44,924	155188
TOTAL GRF General Revenue Fund			$	377,961	$	392,776	155189

General Services Fund Group	155190

6010	148602	Special Initiatives	$	24,558	$	24,558	155191
TOTAL GSF General Services							155192
Fund Group			$	24,558	$	24,558	155193
TOTAL ALL BUDGET FUND GROUPS			$	402,519	$	417,334	155194

Section 291.10. OHS OHIO HISTORICAL SOCIETY

155196

General Revenue Fund	155197

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	155198
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	155199
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	155200
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	155201
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	155202
GRF	360508	State Historical Grants	$	1,000,000	$	900,000	155203
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	155204
TOTAL GRF General Revenue Fund			$	10,149,625	$	10,549,625	155205

Agency Fund Group	155206

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	155207
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	155208
TOTAL ALL BUDGET FUND GROUPS			$	10,399,625	$	10,799,625	155209

SUBSIDY APPROPRIATION

155210

Upon approval by the Director of Budget and Management, the	155211
foregoing appropriation items shall be released to the Ohio	155212
Historical Society in quarterly amounts that in total do not	155213
exceed the annual appropriations. The funds and fiscal records of	155214
the society for fiscal year 2014 and fiscal year 2015 shall be	155215
examined by independent certified public accountants approved by	155216
the Auditor of State, and a copy of the audited financial	155217
statements shall be filed with the Office of Budget and	155218
Management. The society shall prepare and submit to the Office of	155219
Budget and Management the following:	155220

(A) An estimated operating budget for each fiscal year of the	155221
biennium. The operating budget shall be submitted at or near the	155222
beginning of each calendar year.	155223

(B) Financial reports, indicating actual receipts and	155224
expenditures for the fiscal year to date. These reports shall be	155225
filed at least semiannually during the fiscal biennium.	155226

The foregoing appropriations shall be considered to be the	155227
contractual consideration provided by the state to support the	155228
state's offer to contract with the Ohio Historical Society under	155229
section 149.30 of the Revised Code.	155230

STATE HISTORICAL GRANTS

155231

Of the foregoing appropriation item 360508, State Historical	155232
Grants, $200,000 in each fiscal year shall be used for the	155233
Cincinnati Museum Center, $200,000 in each fiscal year shall be	155234
used for the Western Reserve Historical Society, and $100,000 in	155235
fiscal year 2014 shall be used to complete renovations and	155236
additional construction work on the Chardon Heritage House.	155237

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

155238

General Revenue Fund	155239

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		155240
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		155241

General Services Fund Group	155242

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	155243
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	155244
TOTAL GSF General Services							155245
Fund Group			$	1,471,513	$	1,471,513	155246
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	155247

OPERATING EXPENSES

155248

On July 1, 2013, or as soon as possible thereafter, the Chief	155249
Administrative Officer of the House of Representatives may certify	155250
to the Director of Budget and Management the amount of the	155251
unexpended, unencumbered balance of the foregoing appropriation	155252
item 025321, Operating Expenses, at the end of fiscal year 2013 to	155253
be reappropriated to fiscal year 2014. The amount certified is	155254
hereby reappropriated to the same appropriation item for fiscal	155255
year 2014.	155256

On July 1, 2014, or as soon as possible thereafter, the Chief	155257
Administrative Officer of the House of Representatives may certify	155258
to the Director of Budget and Management the amount of the	155259
unexpended, unencumbered balance of the foregoing appropriation	155260
item 025321, Operating Expenses, at the end of fiscal year 2014 to	155261
be reappropriated to fiscal year 2015. The amount certified is	155262
hereby reappropriated to the same appropriation item for fiscal	155263
year 2015.	155264

HOUSE REIMBURSEMENT

155265

If it is determined by the Chief Administrative Officer of	155266
the House of Representatives that additional appropriations are	155267
necessary for the foregoing appropriation item 025601, House	155268
Reimbursement, the amounts are hereby appropriated.	155269

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

155270

State Special Revenue Fund Group	155271

5AZ0	997601	Housing Finance Agency Personal Services	$	12,526,713	$	12,850,014	155272
TOTAL SSR State Special Revenue Fund Group			$	12,526,713	$	12,850,014	155273
TOTAL ALL BUDGET FUND GROUPS			$	12,526,713	$	12,850,014	155274

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

155276

General Revenue Fund	155277

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	155278
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	155279
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	155280

General Services Fund Group	155281

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	155282
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	155283
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	155284
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	155285
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	155286

Section 299.10. INS DEPARTMENT OF INSURANCE

155288

Federal Special Revenue Fund Group	155289

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	155290
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	155291
TOTAL FED Federal Special							155292
Revenue Fund Group			$	3,270,725	$	3,270,725	155293

State Special Revenue Fund Group	155294

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	155295
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	155296
5550	820605	Examination	$	8,184,065	$	8,184,065	155297
TOTAL SSR State Special Revenue							155298
Fund Group			$	35,934,498	$	33,274,432	155299
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	155300

MARKET CONDUCT EXAMINATION

155301

When conducting a market conduct examination of any insurer	155302
doing business in this state, the Superintendent of Insurance may	155303
assess the costs of the examination against the insurer. The	155304
superintendent may enter into consent agreements to impose	155305
administrative assessments or fines for conduct discovered that	155306
may be violations of statutes or rules administered by the	155307
Superintendent. All costs, assessments, or fines collected shall	155308
be deposited to the credit of the Department of Insurance	155309
Operating Fund (Fund 5540).	155310

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

155311

The Director of Budget and Management, at the request of the	155312
Superintendent of Insurance, may transfer funds from the	155313
Department of Insurance Operating Fund (Fund 5540), established by	155314
section 3901.021 of the Revised Code, to the Superintendent's	155315
Examination Fund (Fund 5550), established by section 3901.071 of	155316
the Revised Code, only for expenses incurred in examining domestic	155317
fraternal benefit societies as required by section 3921.28 of the	155318
Revised Code.	155319

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

155320

Not later than the thirty-first day of July each fiscal year,	155321
the Director of Budget and Management shall transfer $5,000,000	155322
from the Department of Insurance Operating Fund (Fund 5540) to the	155323
General Revenue Fund.	155324

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

155325

General Revenue Fund	155326

GRF	600321	Program Support	$	31,320,964	$	31,109,751	155327
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	155328
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	155329
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	155330
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	155331
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	155332
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	155333
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	155334
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	155335
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	155336
GRF	600523	Family and Children Services	$	54,255,323	$	54,255,323	155337
GRF	600528	Adoption Services					155338
		State	$	28,623,389	$	28,623,389	155339
		Federal	$	38,202,557	$	38,202,557	155340
		Adoption Services Total	$	66,825,946	$	66,825,946	155341
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	155342
GRF	600534	Adult Protective Services	$	500,000	$	500,000	155343
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	155344
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	155345
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	155346
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	155347
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	155348
TOTAL GRF General Revenue Fund							155349
		State	$	717,380,115	$	717,380,115	155350
		Federal	$	38,202,557	$	38,202,557	155351
		GRF Total	$	755,582,672	$	755,582,672	155352

General Services Fund Group	155353

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	155354
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	155355
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	155356
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	155357
6130	600645	Training Activities	$	100,000	$	92,989	155358
TOTAL GSF General Services							155359
Fund Group			$	116,780,339	$	116,773,328	155360

Federal Special Revenue Fund Group	155361

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	155362
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	155363
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	155364
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	155365
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	155366
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	155367
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	155368
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	155369
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	155370
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	155371
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	155372
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	155373
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	155374
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	155375
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	155376
3S50	600622	Child Support Projects	$	534,050	$	534,050	155377
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	155378
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	155379
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	155380
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	155381
TOTAL FED Federal Special Revenue							155382
Fund Group			$	2,526,972,581	$	2,490,592,049	155383

State Special Revenue Fund Group	155384

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	155385
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	155386
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	155387
4F10	600609	Family and Children Activities	$	683,549	$	683,549	155388
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	155389
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	155390
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	155391
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	155392
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	155393
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	155394
TOTAL SSR State Special Revenue							155395
Fund Group			$	25,063,397	$	25,063,397	155396

Agency Fund Group	155397

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	155398
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	155399
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	155400
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	155401

Holding Account Redistribution Fund Group	155402

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	155403
R013	600644	Forgery Collections	$	10,000	$	10,000	155404
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	155405
TOTAL ALL BUDGET FUND GROUPS			$	3,570,858,989	$	3,534,471,446	155406

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	155408
FUND	155409

Within thirty days of the effective date of this act, or as	155410
soon as possible thereafter, the Director of Budget and Management	155411
shall transfer the cash balance in the County Technologies Fund	155412
(Fund 5N10) to the State and County Shared Services Fund (Fund	155413
5HL0).	155414

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	155415
FUND GROUPS	155416

The Agency Fund Group and Holding Account Redistribution Fund	155417
Group shall be used to hold revenues until the appropriate fund is	155418
determined or until the revenues are directed to the appropriate	155419
governmental agency other than the Department of Job and Family	155420
Services. If receipts credited to the Support Intercept – Federal	155421
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	155422
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	155423
Settlements Fund (Fund R012), or the Forgery Collections Fund	155424
(Fund R013) exceed the amounts appropriated from the fund, the	155425
Director of Job and Family Services may request the Director of	155426
Budget and Management to authorize expenditures from the fund in	155427
excess of the amounts appropriated. Upon the approval of the	155428
Director of Budget and Management, the additional amounts are	155429
hereby appropriated.	155430

Section 301.33. BIG BROTHERS BIG SISTERS

155431

Of the foregoing appropriation item 600410, TANF	155432
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	155433
be provided, in accordance with sections 5101.80 and 5101.801 of	155434
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	155435
provide mentoring services to children of incarcerated parents	155436
throughout the state.	155437

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

155438

(A) The foregoing appropriation item 600521, Family	155439
Assistance - Local, may be provided to county departments of job	155440
and family services to administer food assistance and disability	155441
assistance programs.	155442

(B) The foregoing appropriation item 655522, Medicaid Program	155443
Support - Local, may be provided to county departments of job and	155444
family services to administer the Medicaid program and the State	155445
Children's Health Insurance program.	155446

(C) At the request of the Director of Job and Family	155447
Services, the Director of Budget and Management may transfer	155448
appropriations between appropriation item 600521, Family	155449
Assistance - Local, and appropriation item 655522, Medicaid	155450
Program Support - Local, in order to ensure county administrative	155451
funds are expended from the proper appropriation item.	155452

Section 301.50. FOOD STAMPS TRANSFER

155453

On July 1, 2013, or as soon as possible thereafter, the	155454
Director of Budget and Management may transfer up to $1,000,000	155455
cash from the Supplemental Nutrition Assistance Program Fund (Fund	155456
3840), to the Food Assistance Fund (Fund 5ES0).	155457

Section 301.60. NAME OF FOOD STAMP PROGRAM

155458

The Director of Job and Family Services is not required to	155459
amend rules regarding the Food Stamp Program to change the name of	155460
the program to the Supplemental Nutrition Assistance Program. The	155461
Director may refer to the program as the Food Stamp Program or the	155462
Food Assistance Program in rules and documents of the Department	155463
of Job and Family Services.	155464

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

155465

The foregoing appropriation item 600540, Food Banks, shall be	155466
used to provide funds to the Ohio Association of Food Banks to	155467
purchase and distribute food products.	155468

Notwithstanding section 5101.46 of the Revised Code and any	155469
other provision in this bill, in addition to funds designated for	155470
the Ohio Association of Food Banks in this section, in fiscal year	155471
2014 and fiscal year 2015, the Director of Job and Family Services	155472
shall provide assistance from eligible funds to the Ohio	155473
Association of Food Banks in an amount up to or equal to the	155474
assistance provided in state fiscal year 2013 from all funds used	155475
by the Department, except the General Revenue Fund.	155476

Eligible nonfederal expenditures made by member food banks of	155477
the Association shall be counted by the Department of Job and	155478
Family Services toward the TANF maintenance of effort requirements	155479
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	155480
shall enter into an agreement with the Ohio Association of Food	155481
Banks, in accordance with sections 5101.80 and 5101.801 of the	155482
Revised Code, to carry out the requirements under this section.	155483

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

155484

The foregoing appropriation item 600658, Public Assistance	155485
Activities, shall be used by the Department of Job and Family	155486
Services to meet the TANF maintenance of effort requirements of 42	155487
U.S.C. 609(a)(7). When the state is assured that it will meet the	155488
maintenance of effort requirement, the Department of Job and	155489
Family Services may use funds from appropriation item 600658,	155490
Public Assistance Activities, to support public assistance	155491
activities.	155492

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	155493
COMMUNITY INITIATIVES	155494

Of the foregoing appropriation item 600689, TANF Block Grant,	155495
up to $6,540,000 in each fiscal year shall be used, in accordance	155496
with sections 5101.80 and 5101.801 of the Revised Code, to provide	155497
support to programs or organizations that provide services that	155498
align with the mission and goals of the Governor's Office of	155499
Faith-Based and Community Initiatives, as outlined in section	155500
107.12 of the Revised Code, and that further at least one of the	155501
four purposes of the TANF program, as specified in 42 U.S.C. 601.	155502

Section 301.100. INDEPENDENT LIVING INITIATIVE

155503

Of the foregoing appropriation item 600689, TANF Block Grant,	155504
up to $2,000,000 in each fiscal year shall be used, in accordance	155505
with sections 5101.80 and 5101.801 of the Revised Code, to support	155506
the Independent Living Initiative, including life skills training	155507
and work supports for older children in foster care and those who	155508
have recently aged out of foster care.	155509

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

155510

Of the foregoing appropriation item 600689, TANF Block Grant,	155511
$1,750,000 in each fiscal year shall be used to support the	155512
activities of the Kinship Permanency Incentive Program established	155513
in section 5101.802 of the Revised Code.	155514

Section 301.120. OHIO COMMISSION ON FATHERHOOD

155515

Of the foregoing appropriation item 600689, TANF Block Grant,	155516
$1,000,000 in each fiscal year shall be provided to the Ohio	155517
Commission on Fatherhood.	155518

Section 301.123. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

155519

Of the foregoing appropriation item 600689, TANF Block Grant,	155520
$500,000 in each fiscal year shall be provided, in accordance with	155521
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio	155522
Alliance of Boys and Girls Clubs to provide after-school programs	155523
that protect at-risk children and enable youth to become	155524
responsible adults.	155525

Section 301.130. DIFFERENTIAL RESPONSE

155526

In accordance with an independent evaluation of the Ohio	155527
Alternative Response Pilot Program that recommended statewide	155528
implementation, the Department of Job and Family Services shall	155529
plan the statewide expansion of the Ohio Alternative Response	155530
Pilot Program on a county by county basis, through a schedule	155531
determined by the Department. The program shall be known as the	155532
"differential response" approach as defined in section 2151.011 of	155533
the Revised Code. Notwithstanding provisions of Chapter 2151. of	155534
the Revised Code that refer to "differential response,"	155535
"traditional response," and "alternative response," those	155536
provisions shall become effective on the scheduled date of	155537
expansion of the differential response approach to that county.	155538
Prior to statewide implementation, the Department may adopt rules	155539
in accordance with Chapter 119. of the Revised Code as necessary	155540
to carry out the purposes of this section.	155541

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

155542

In collaboration with the county family and children first	155543
council, a county department of job and family services or public	155544
children services agency that receives an allocation from the	155545
Department of Job and Family Services from the foregoing	155546
appropriation item 600523, Family and Children Services, or	155547
600533, Child, Family, and Adult Community & Protective Services,	155548
may transfer a portion of either or both allocations to a flexible	155549
funding pool as authorized by the section of this act titled	155550
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	155551

Section 301.143. CHILDREN'S CRISIS CARE FACILITIES

155552

Of the foregoing appropriation item 600523, Family and	155553
Children Services, $150,000 in each fiscal year shall be provided	155554
to children's crisis care facilities, as defined in section	155555
5103.13 of the Revised Code. The Director of Job and Family	155556
Services shall allocate funds based on the number of children at	155557
each facility. A children's crisis care facility may decline to	155558
receive funds provided for under this section. A children's crisis	155559
care facility that accepts funds provided under this section shall	155560
use the funds in accordance with section 5103.13 of the Revised	155561
Code and rules in section 5101:2-9-36 of the Administrative Code.	155562

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	155563
PROTECTIVE SERVICES	155564

(A) The foregoing appropriation item 600533, Child, Family,	155565
and Adult Community & Protective Services, shall be distributed to	155566
each county department of job and family services using the	155567
formula the Department of Job and Family Services uses when	155568
distributing Title XX funds to county departments of job and	155569
family services under section 5101.46 of the Revised Code. County	155570
departments shall use the funds distributed to them under this	155571
section as follows, in accordance with the written plan of	155572
cooperation entered into under section 307.983 of the Revised	155573
Code:	155574

(1) To assist individuals achieve or maintain	155575
self-sufficiency, including by reducing or preventing dependency	155576
among individuals with family income not exceeding two hundred per	155577
cent of the federal poverty guidelines;	155578

(2) Subject to division (B) of this section, to respond to	155579
reports of abuse, neglect, or exploitation of children and adults,	155580
including through the differential response approach program	155581
developed under Section 309.50.10 of this act;	155582

(3) To provide outreach and referral services regarding home	155583
and community-based services to individuals at risk of placement	155584
in a group home or institution, regardless of the individuals'	155585
family income and without need for a written application;	155586

(4) To provide outreach, referral, application assistance,	155587
and other services to assist individuals receive assistance,	155588
benefits, or services under Medicaid; Title IV-A programs, as	155589
defined in section 5101.80 of the Revised Code; the Supplemental	155590
Nutrition Assistance Program; and other public assistance	155591
programs.	155592

(B) Protective services may be provided to a child or adult	155593
as part of a response, under division (A)(2) of this section, to a	155594
report of abuse, neglect, or exploitation without regard to a	155595
child or adult's family income and without need for a written	155596
application. The protective services may be provided if the case	155597
record documents circumstances of actual or potential abuse,	155598
neglect, or exploitation.	155599

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

155600

The foregoing appropriation item 600609, Children and Family	155601
Services Activities, shall be used to expend miscellaneous	155602
foundation funds and grants to support children and family	155603
services activities.	155604

Section 301.170. ADOPTION ASSISTANCE LOAN

155605

Of the foregoing appropriation item 600634, Adoption	155606
Assistance Loan, the Department of Job and Family Services may use	155607
up to ten per cent for administration of adoption assistance loans	155608
pursuant to section 3107.018 of the Revised Code.	155609

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

155610

The foregoing appropriation item 600660, Victims of Human	155611
Trafficking, shall be used to provide treatment, care,	155612
rehabilitation, education, housing, and assistance for victims of	155613
trafficking in persons as specified in section 5101.87 of the	155614
Revised Code. If receipts credited to the Victims of Human	155615
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	155616
the fund, the Director of Job and Family Services may request the	155617
Director of Budget and Management to authorize expenditures from	155618
the fund in excess of the amounts appropriated. Upon the approval	155619
of the Director of Budget and Management, the additional amounts	155620
are hereby appropriated.	155621

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

155622

All unexpended funds remaining at the end of fiscal year 2013	155623
that were appropriated and made available to the state under	155624
section 903(d) of the Social Security Act, as amended, in the	155625
foregoing appropriation item 600678, Federal Unemployment Programs	155626
(Fund 3V40), are hereby appropriated to the Department of Job and	155627
Family Services. Upon the request of the Director of Job and	155628
Family Services, the Director of Budget and Management may	155629
increase the appropriation for fiscal year 2014 by the amount	155630
remaining unspent from the fiscal year 2013 appropriation and may	155631
increase the appropriation for fiscal year 2015 by the amount	155632
remaining unspent from the fiscal year 2014 appropriation. The	155633
appropriation shall be used under the direction of the Department	155634
of Job and Family Services to pay for administrative activities	155635
for the Unemployment Insurance Program, employment services, and	155636
other allowable expenditures under section 903(d) of the Social	155637
Security Act, as amended.	155638

The amounts obligated pursuant to this section shall not	155639
exceed at any time the amount by which the aggregate of the	155640
amounts transferred to the account of the state under section	155641
903(d) of the Social Security Act, as amended, exceeds the	155642
aggregate of the amounts obligated for administration and paid out	155643
for benefits and required by law to be charged against the amounts	155644
transferred to the account of the state.	155645

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

155646

The foregoing appropriation item 600695, Unemployment	155647
Compensation Interest, shall be used for payment of interest costs	155648
paid to the United States Secretary of the Treasury for the	155649
repayment of accrued interest related to federal unemployment	155650
account borrowing.	155651

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

155652

General Revenue Fund	155653

GRF	029321	Operating Expenses	$	455,858	$	456,376	155654
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	155655
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	155656

OPERATING GUIDANCE

155657

The Chief Administrative Officer of the House of	155658
Representatives and the Clerk of the Senate shall determine, by	155659
mutual agreement, which of them shall act as fiscal agent for the	155660
Joint Committee on Agency Rule Review. Members of the Committee	155661
shall be paid in accordance with section 101.35 of the Revised	155662
Code.	155663

OPERATING EXPENSES

155664

On July 1, 2013, or as soon as possible thereafter, the	155665
Executive Director of the Joint Committee on Agency Rule Review	155666
may certify to the Director of Budget and Management the amount of	155667
the unexpended, unencumbered balance of the foregoing	155668
appropriation item 029321, Operating Expenses, at the end of	155669
fiscal year 2013 to be reappropriated to fiscal year 2014. The	155670
amount certified is hereby reappropriated to the same	155671
appropriation item for fiscal year 2014.	155672

On July 1, 2014, or as soon as possible thereafter, the	155673
Executive Director of the Joint Committee on Agency Rule Review	155674
may certify to the Director of Budget and Management the amount of	155675
the unexpended, unencumbered balance of the foregoing	155676
appropriation item 029321, Operating Expenses, at the end of	155677
fiscal year 2014 to be reappropriated to fiscal year 2015. The	155678
amount certified is hereby reappropriated to the same	155679
appropriation item for fiscal year 2015.	155680

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

155681

General Revenue Fund	155682

GRF	018321		Operating Expenses		$	824,900		$	847,200		155683
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		155684

General Services Fund Group	155685

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	155686
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	155687
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	155688

STATE COUNCIL OF UNIFORM STATE LAWS

155689

Notwithstanding section 105.26 of the Revised Code, of the	155690
foregoing appropriation item 018321, Operating Expenses, up to	155691
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	155692
shall be used to pay the expenses of the State Council of Uniform	155693
State Laws, including membership dues to the National Conference	155694
of Commissioners on Uniform State Laws.	155695

OHIO JURY INSTRUCTIONS FUND

155696

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	155697
grants, royalties, dues, conference fees, bequests, devises, and	155698
other gifts received for the purpose of supporting costs incurred	155699
by the Judicial Conference of Ohio in its activities as a part of	155700
the judicial system of the state as determined by the Judicial	155701
Conference Executive Committee. Fund 4030 shall be used by the	155702
Judicial Conference of Ohio to pay expenses incurred in its	155703
activities as a part of the judicial system of the state as	155704
determined by the Judicial Conference Executive Committee. All	155705
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	155706
2014 and in excess of $385,000 in fiscal year 2015 are hereby	155707
appropriated for the purposes authorized.	155708

No money in Fund 4030 shall be transferred to any other fund	155709
by the Director of Budget and Management or the Controlling Board.	155710

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

155711

General Revenue Fund	155712

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	143,016,534	$	140,232,737	155713
GRF	005406	Law-Related Education	$	236,172	$	236,172	155714
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	155715
TOTAL GRF General Revenue Fund			$	146,602,706	$	143,818,909	155716

General Services Fund Group	155717

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		155718
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		155719

Federal Special Revenue Fund Group	155720

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		155721
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		155722

State Special Revenue Fund Group	155723

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	155724
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	155725
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	155726
5T80	005609	Grants and Awards	$	25,000	$	25,000	155727
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	155728
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	155729
TOTAL ALL BUDGET FUND GROUPS			$	153,452,850	$	150,694,818	155730

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

155731

Of the foregoing appropriation item 005321, Operating	155732
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	155733
year may be used to support the functions of the State Criminal	155734
Sentencing Council, and $5,000,000 in fiscal year 2014 shall be	155735
used to support the pilot program established under the section of	155736
this act entitled "ADDICTION TREATMENT PILOT PROGRAM." Of the	155737
$5,000,000 allocated for the pilot program, the Supreme Court	155738
shall receive an amount of not more than five per cent for an	155739
administrative fee.	155740

LAW-RELATED EDUCATION

155741

The foregoing appropriation item 005406, Law-Related	155742
Education, shall be distributed directly to the Ohio Center for	155743
Law-Related Education for the purposes of providing continuing	155744
citizenship education activities to primary and secondary	155745
students, expanding delinquency prevention programs, increasing	155746
activities for at-risk youth, and accessing additional public and	155747
private money for new programs.	155748

OHIO COURTS TECHNOLOGY INITIATIVE

155749

The foregoing appropriation item 005409, Ohio Courts	155750
Technology Initiative, shall be used to fund an initiative by the	155751
Supreme Court to facilitate the exchange of information and	155752
warehousing of data by and between Ohio courts and other justice	155753
system partners through the creation of an Ohio Courts Network,	155754
the delivery of technology services to courts throughout the	155755
state, including the provision of hardware, software, and the	155756
development and implementation of educational and training	155757
programs for judges and court personnel, and operation of the	155758
Commission on Technology and the Courts by the Supreme Court for	155759
the promulgation of statewide rules, policies, and uniform	155760
standards, and to aid in the orderly adoption and comprehensive	155761
use of technology in Ohio courts.	155762

CONTINUING JUDICIAL EDUCATION

155763

The Continuing Judicial Education Fund (Fund 6720) shall	155764
consist of fees paid by judges and court personnel for attending	155765
continuing education courses and other gifts and grants received	155766
for the purpose of continuing judicial education. The foregoing	155767
appropriation item 005601, Continuing Judicial Education, shall be	155768
used to pay expenses for continuing education courses for judges	155769
and court personnel. If it is determined by the Administrative	155770
Director of the Supreme Court that additional appropriations are	155771
necessary, the amounts are hereby appropriated.	155772

No money in Fund 6720 shall be transferred to any other fund	155773
by the Director of Budget and Management or the Controlling Board.	155774
Interest earned on money in Fund 6720 shall be credited to the	155775
fund.	155776

FEDERAL GRANTS

155777

The Federal Grants Fund (Fund 3J00) shall consist of grants	155778
and other moneys awarded to the Supreme Court (The Judiciary) by	155779
the United States Government or other entities that receive the	155780
moneys directly from the United States Government and distribute	155781
those moneys to the Supreme Court (The Judiciary). The foregoing	155782
appropriation item 005603, Federal Grants, shall be used in a	155783
manner consistent with the purpose of the grant or award. If it is	155784
determined by the Administrative Director of the Supreme Court	155785
that additional appropriations are necessary, the amounts are	155786
hereby appropriated.	155787

No money in Fund 3J00 shall be transferred to any other fund	155788
by the Director of Budget and Management or the Controlling Board.	155789
However, interest earned on money in Fund 3J00 shall be credited	155790
or transferred to the General Revenue Fund.	155791

ATTORNEY SERVICES

155792

The Attorney Services Fund (Fund 4C80), formerly known as the	155793
Attorney Registration Fund, shall consist of money received by the	155794
Supreme Court (The Judiciary) pursuant to the Rules for the	155795
Government of the Bar of Ohio. In addition to funding other	155796
activities considered appropriate by the Supreme Court, the	155797
foregoing appropriation item 005605, Attorney Services, may be	155798
used to compensate employees and to fund appropriate activities of	155799
the following offices established by the Supreme Court: the Office	155800
of Disciplinary Counsel, the Board of Commissioners on Grievances	155801
and Discipline, the Clients' Security Fund, and the Attorney	155802
Services Division. If it is determined by the Administrative	155803
Director of the Supreme Court that additional appropriations are	155804
necessary, the amounts are hereby appropriated.	155805

No money in Fund 4C80 shall be transferred to any other fund	155806
by the Director of Budget and Management or the Controlling Board.	155807
Interest earned on money in Fund 4C80 shall be credited to the	155808
fund.	155809

COURT INTERPRETER CERTIFICATION

155810

The Court Interpreter Certification Fund (Fund 5HT0) shall	155811
consist of money received by the Supreme Court (The Judiciary)	155812
pursuant to Rules 80 through 87 of the Rules of Superintendence	155813
for the Courts of Ohio. The foregoing appropriation item 005617,	155814
Court Interpreter Certification, shall be used to provide	155815
training, to provide the written examination, and to pay language	155816
experts to rate, or grade, the oral examinations of those applying	155817
to become certified court interpreters. If it is determined by the	155818
Administrative Director that additional appropriations are	155819
necessary, the amounts are hereby appropriated.	155820

No money in Fund 5HT0 shall be transferred to any other fund	155821
by the Director of Budget and Management or the Controlling Board.	155822
Interest earned on money in Fund 5HT0 shall be credited to the	155823
fund.	155824

COUNTY LAW LIBRARY RESOURCES BOARD

155825

The Statewide Consortium of County Law Library Resources	155826
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	155827
to section 307.515 of the Revised Code into a county's law library	155828
resources fund and forwarded by that county's treasurer for	155829
deposit in the state treasury pursuant to division (E)(1) of	155830
section 3375.481 of the Revised Code. The foregoing appropriation	155831
item 005620, County Law Library Resources Board, shall be used for	155832
the operation of the Statewide Consortium of County Law Library	155833
Resources Boards. If it is determined by the Administrative	155834
Director of the Supreme Court that additional appropriations are	155835
necessary, the amounts are hereby appropriated.	155836

No money in Fund 5JY0 shall be transferred to any other fund	155837
by the Director of Budget and Management or the Controlling Board.	155838
Interest earned on money in Fund 5JY0 shall be credited to the	155839
fund.	155840

GRANTS AND AWARDS

155841

The Grants and Awards Fund (Fund 5T80) shall consist of	155842
grants and other money awarded to the Supreme Court (The	155843
Judiciary) by the State Justice Institute, the Division of	155844
Criminal Justice Services, or other entities. The foregoing	155845
appropriation item 005609, Grants and Awards, shall be used in a	155846
manner consistent with the purpose of the grant or award. If it is	155847
determined by the Administrative Director of the Supreme Court	155848
that additional appropriations are necessary, the amounts are	155849
hereby appropriated.	155850

No money in Fund 5T80 shall be transferred to any other fund	155851
by the Director of Budget and Management or the Controlling Board.	155852
However, interest earned on money in Fund 5T80 shall be credited	155853
or transferred to the General Revenue Fund.	155854

SUPREME COURT ADMISSIONS

155855

The foregoing appropriation item 005606, Supreme Court	155856
Admissions, shall be used to compensate Supreme Court employees	155857
who are primarily responsible for administering the attorney	155858
admissions program under the Rules for the Government of the Bar	155859
of Ohio, and to fund any other activities considered appropriate	155860
by the court. Moneys shall be deposited into the Supreme Court	155861
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	155862
Government of the Bar of Ohio. If it is determined by the	155863
Administrative Director of the Supreme Court that additional	155864
appropriations are necessary, the amounts are hereby appropriated.	155865

No money in Fund 6A80 shall be transferred to any other fund	155866
by the Director of Budget and Management or the Controlling Board.	155867
Interest earned on money in Fund 6A80 shall be credited to the	155868
fund.	155869

Section 307.20. ADDICTION TREATMENT PILOT PROGRAM

155870

(A) As used in this section:

155871

(1) "Certified drug court program" means a session of any of	155872
the following that holds initial or final certification from the	155873
Supreme Court of Ohio as a specialized docket program for drugs: a	155874
common pleas court, municipal court, or county court or a division	155875
of any of those courts.	155876

(2) "Prescriber" has the same meaning as in section 4729.01	155877
of the Revised Code.	155878

(B)(1) The Supreme Court of Ohio shall conduct a pilot	155879
program to provide addiction treatment, including	155880
medication-assisted treatment, to persons who are offenders within	155881
the criminal justice system, eligible to participate in a	155882
certified drug court program, and selected under this section to	155883
be participants in the pilot program because of their dependence	155884
on opioids, alcohol, or both.	155885

(2) The Supreme Court shall conduct the pilot program in the	155886
courts of Crawford, Franklin, Hardin, Mercer, and Scioto counties	155887
that are conducting certified drug court programs. If in any these	155888
counties there is no court conducting a certified drug court	155889
program, the Supreme Court shall conduct the pilot program in a	155890
court that is conducting a certified drug court program in another	155891
county.	155892

(3) In addition to courts of the counties listed in division	155893
(B)(2) of this section, the Supreme Court may conduct the pilot	155894
program in any court that is conducting a certified drug court	155895
program.	155896

(C) In conducting the pilot program, the Supreme Court shall	155897
collaborate with the Department of Mental Health and Addiction	155898
Services, Department of Rehabilitation and Correction, and any	155899
other state agency that it determines may be of assistance in	155900
accomplishing the objectives of the pilot program. In addition,	155901
the Supreme Court may collaborate with the boards of alcohol, drug	155902
addiction, and mental health services that serve the counties in	155903
which the courts participating in the pilot program are located.	155904

(D) Not later than sixty days after the effective date of	155905
this section, the Supreme Court shall select a nationally	155906
recognized criminal justice research institute with extensive	155907
experience in the evaluation of criminal justice and substance	155908
abuse projects to develop an evaluation plan for the pilot	155909
program. The evaluation plan shall include performance measures	155910
that reflect the purpose of the pilot program, which is to assist	155911
participants in addressing their dependence on opioids, alcohol,	155912
or both, by maintaining abstinence from the use of those	155913
substances and reducing recidivism.	155914

(E) Before any person may be enrolled as a participant in the	155915
pilot program, the evaluation plan developed by the research	155916
institute shall be put into place with each of the certified drug	155917
court programs included in the pilot program and the addiction	155918
services providers that will provide treatment to the	155919
participants.	155920

Once the evaluation plan has been put into place, the	155921
certified drug court programs shall select persons who are	155922
offenders within the criminal justice system to be participants in	155923
the pilot program. To be selected, a person must meet the legal	155924
and clinical eligibility criteria for the certified drug court	155925
program and be an active participant in the program. The total	155926
number of persons participating in the pilot program at any one	155927
time shall not exceed five hundred, except that the Supreme Court	155928
may authorize the maximum number to be exceeded in circumstances	155929
that the Court considers appropriate.	155930

After being enrolled in the pilot program, a participant	155931
shall comply with all requirements of the certified drug court	155932
program.	155933

(F) Treatment may be provided under the pilot program only by	155934
a community addiction services provider that is certified under	155935
section 5119.36 of the Revised Code. In serving as a treatment	155936
provider, a community addiction services provider shall do all of	155937
the following:	155938

(1) Provide treatment based on an integrated service delivery	155939
model that consists of the coordination of care between a	155940
prescriber and the addiction services provider;	155941

(2) Conduct professional, comprehensive substance abuse and	155942
mental health diagnostic assessments of persons under	155943
consideration for selection as pilot program participants to	155944
determine whether they would benefit from substance abuse	155945
treatment and monitoring;	155946

(3) Determine, based on the assessments described in division	155947
(F)(2) of this section, the treatment needs of the participants	155948
served by the treatment provider;	155949

(4) Develop, for the participants served by the treatment	155950
provider, individualized goals and objectives;	155951

(5) Provide access to the long-acting antagonist therapies,	155952
partial agonist therapies, or both that are included in the pilot	155953
program's medication-assisted treatment;	155954

(6) Provide other types of therapies, including psychosocial	155955
therapies, for both substance abuse and any disorders that are	155956
considered by the treatment provider to be co-occurring disorders;	155957

(7) Monitor pilot program compliance through the use of	155958
regular drug testing, including urinalysis, of the participants	155959
being served by the treatment provider.	155960

(G) In the case of the medication-assisted treatment provided	155961
under the pilot program, all of the following conditions apply:	155962

(1) A drug may be used only if it has been approved by the	155963
United States Food and Drug Administration for use in treating	155964
dependence on opioids, alcohol, or both or for preventing relapse	155965
into the use of opioids, alcohol, or both.	155966

(2) One or more drugs may be used, but each drug that is used	155967
must constitute long-acting antagonist therapy or partial agonist	155968
therapy.	155969

(3) If a drug constituting partial agonist therapy is used,	155970
the pilot program shall provide safeguards to minimize abuse and	155971
diversion of the drug, including such safeguards as routine drug	155972
testing of the pilot program participants.	155973

(H) The research institute selected by the Supreme Court	155974
under division (D) of this section shall prepare a report of the	155975
findings obtained from the pilot program. The report shall include	155976
data derived from the drug testing and performance measures used	155977
in the pilot program. In preparing the report, the research	155978
institute shall obtain assistance from the Supreme Court.	155979

Not later than six months after the conclusion of the pilot	155980
program, the research institute shall complete its report. On	155981
completion, the research institute shall submit the report to the	155982
Governor; Chief Justice of the Supreme Court; President of the	155983
Senate; Speaker of the House of Representatives; Department of	155984
Mental Health and Addiction Services and Department of	155985
Rehabilitation and Correction; and any other state agency the	155986
Supreme Court collaborates with in conducting the pilot program.	155987

Section 309.10. LEC LAKE ERIE COMMISSION

155988

Federal Special Revenue Fund Group	155989

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		155990
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		155991

State Special Revenue Fund Group	155992

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	155993
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	155994
TOTAL SSR State Special Revenue							155995
Fund Group			$	498,942	$	539,637	155996
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	155997

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

155998

On July 1 of each fiscal year, or as soon as possible	155999
thereafter, the Director of Budget and Management may transfer	156000
cash from the funds specified below, up to the amounts specified	156001
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	156002
accept contributions and transfers made to the fund.	156003

Fund	Fund Name	User	FY 2014	FY 2015	156004
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	156005
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	156006
4700	General Operations	Department of Health	$23,500	$53,500	156007
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	156008

On July 1, 2013, or as soon as possible thereafter, the	156009
Director of Budget and Management may transfer $23,500 cash from a	156010
fund used by the Development Services Agency, as specified by the	156011
Director of Development Services, to Fund 5D80.	156012

On July 1, 2014, or as soon as possible thereafter, the	156013
Director of Budget and Management may transfer $53,500 cash from a	156014
fund used by the Development Services Agency, as specified by the	156015
Director of Development Services, to Fund 5D80.	156016

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

156017

General Revenue Fund	156018

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		156019
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		156020

General Services Fund Group	156021

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	156022
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	156023
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	156024

LEGISLATIVE ETHICS COMMITTEE

156025

On July 1, 2013, or as soon as possible thereafter, the	156026
Legislative Inspector General of the Joint Legislative Ethics	156027
Committee may certify to the Director of Budget and Management the	156028
amount of the unexpended, unencumbered balance of the foregoing	156029
appropriation item 028321, Legislative Ethics Committee, at the	156030
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	156031
The amount certified is hereby reappropriated to the same	156032
appropriation item for fiscal year 2014.	156033

On July 1, 2014, or as soon as possible thereafter, the	156034
Legislative Inspector General of the Joint Legislative Ethics	156035
Committee may certify to the Director of Budget and Management the	156036
amount of the unexpended, unencumbered balance of the foregoing	156037
appropriation item 028321, Legislative Ethics Committee, at the	156038
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	156039
The amount certified is hereby reappropriated to the same	156040
appropriation item for fiscal year 2015.	156041

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

156042

General Revenue Fund	156043

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	156044
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	156045
GRF	035405	Correctional Institution Inspection Committee	$	460,845	$	460,845	156046
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	156047
GRF	035409	National Associations	$	460,560	$	460,560	156048
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	156049
GRF	035411	Ohio Constitutional Modernization Commission	$	300,000	$	300,000	156050
TOTAL GRF General Revenue Fund			$	21,542,475	$	21,622,475	156051

General Services Fund Group	156052

4100	035601	Sale of Publications	$	10,000	$	10,000	156053
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	156054
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	156055
TOTAL GSF General Services							156056
Fund Group			$	240,000	$	240,000	156057
TOTAL ALL BUDGET FUND GROUPS			$	21,782,475	$	21,862,475	156058

OPERATING EXPENSES

156059

On July 1, 2013, or as soon as possible thereafter, the	156060
Director of the Legislative Service Commission may certify to the	156061
Director of Budget and Management the amount of the unexpended,	156062
unencumbered balance of the foregoing appropriation item 035321,	156063
Operating Expenses, at the end of fiscal year 2013 to be	156064
reappropriated to fiscal year 2014. The amount certified is hereby	156065
reappropriated to the same appropriation item for fiscal year	156066
2014.	156067

On July 1, 2014, or as soon as possible thereafter, the	156068
Director of the Legislative Service Commission may certify to the	156069
Director of Budget and Management the amount of the unexpended,	156070
unencumbered balance of the foregoing appropriation item 035321,	156071
Operating Expenses, at the end of fiscal year 2014 to be	156072
reappropriated to fiscal year 2015. The amount certified is hereby	156073
reappropriated to the same appropriation item for fiscal year	156074
2015.	156075

LEGISLATIVE TASK FORCE ON REDISTRICTING

156076

An amount equal to the unexpended, unencumbered portion of	156077
the foregoing appropriation item 035407, Legislative Task Force on	156078
Redistricting, at the end of fiscal year 2013 is hereby	156079
reappropriated to the Legislative Service Commission for the same	156080
purpose for fiscal year 2014.	156081

An amount equal to the unexpended, unencumbered portion of	156082
the foregoing appropriation item 035407, Legislative Task Force on	156083
Redistricting, at the end of fiscal year 2014 is hereby	156084
reappropriated to the Legislative Service Commission for the same	156085
purpose for fiscal year 2015.	156086

LEGISLATIVE INFORMATION SYSTEMS

156087

On July 1, 2013, or as soon as possible thereafter, the	156088
Director of the Legislative Service Commission may certify to the	156089
Director of Budget and Management the amount of the unexpended,	156090
unencumbered balance of the foregoing appropriation item 035410,	156091
Legislative Information Systems, at the end of fiscal year 2013 to	156092
be reappropriated to fiscal year 2014. The amount certified is	156093
hereby reappropriated to the same appropriation item for fiscal	156094
year 2014.	156095

On July 1, 2014, or as soon as possible thereafter, the	156096
Director of the Legislative Service Commission may certify to the	156097
Director of Budget and Management the amount of the unexpended,	156098
unencumbered balance of the foregoing appropriation item 035410,	156099
Legislative Information Systems, at the end of fiscal year 2014 to	156100
be reappropriated to fiscal year 2015. The amount certified is	156101
hereby reappropriated to the same appropriation item for fiscal	156102
year 2015.	156103

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

156104

The foregoing appropriation item 035411, Ohio Constitutional	156105
Modernization Commission, shall be used to support the operation	156106
and expenses of the Ohio Constitutional Modernization Commission	156107
under sections 103.61 to 103.67 of the Revised Code.	156108

An amount equal to the unexpended, unencumbered portion of	156109
the foregoing appropriation item 035411, Ohio Constitutional	156110
Modernization Commission, at the end of fiscal year 2013 is hereby	156111
reappropriated to the Legislative Service Commission for the same	156112
purpose for fiscal year 2014.	156113

An amount equal to the unexpended, unencumbered portion of	156114
the foregoing appropriation item 035411, Ohio Constitutional	156115
Modernization Commission, at the end of fiscal year 2014 is hereby	156116
reappropriated to the Legislative Service Commission for the same	156117
purpose for fiscal year 2015.	156118

Section 315.10. LIB STATE LIBRARY BOARD

156119

General Revenue Fund	156120

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	156121
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	156122
GRF	350502	Regional Library Systems	$	582,469	$	582,469	156123
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	156124

General Services Fund Group	156125

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	156126
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	156127
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	156128
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	156129
TOTAL GSF General Services							156130
Fund Group			$	10,209,412	$	10,498,350	156131

Federal Special Revenue Fund Group	156132

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	156133
TOTAL FED Federal Special Revenue							156134
Fund Group			$	5,303,693	$	5,120,439	156135
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	156136

OHIOANA RENTAL PAYMENTS

156137

The foregoing appropriation item 350401, Ohioana Rental	156138
Payments, shall be used to pay the rental expenses of the Martha	156139
Kinney Cooper Ohioana Library Association under section 3375.61 of	156140
the Revised Code.	156141

REGIONAL LIBRARY SYSTEMS

156142

The foregoing appropriation item 350502, Regional Library	156143
Systems, shall be used to support regional library systems	156144
eligible for funding under sections 3375.83 and 3375.90 of the	156145
Revised Code.	156146

OHIO PUBLIC LIBRARY INFORMATION NETWORK

156147

(A) The foregoing appropriation item 350604, Ohio Public	156148
Library Information Network, shall be used for an information	156149
telecommunications network linking public libraries in the state	156150
and such others as may participate in the Ohio Public Library	156151
Information Network (OPLIN).	156152

The Ohio Public Library Information Network Board of Trustees	156153
created under section 3375.65 of the Revised Code may make	156154
decisions regarding use of the foregoing appropriation item	156155
350604, Ohio Public Library Information Network.	156156

(B) The OPLIN Board shall research and assist or advise local	156157
libraries with regard to emerging technologies and methods that	156158
may be effective means to control access to obscene and illegal	156159
materials. The OPLIN Director shall provide written reports upon	156160
request within ten days to the Governor, the Speaker and Minority	156161
Leader of the House of Representatives, and the President and	156162
Minority Leader of the Senate on any steps being taken by OPLIN	156163
and public libraries in the state to limit and control such	156164
improper usage as well as information on technological, legal, and	156165
law enforcement trends nationally and internationally affecting	156166
this area of public access and service.	156167

(C) The Ohio Public Library Information Network, INFOhio, and	156168
OhioLINK shall, to the extent feasible, coordinate and cooperate	156169
in their purchase or other acquisition of the use of electronic	156170
databases for their respective users and shall contribute funds in	156171
an equitable manner to such effort.	156172

LIBRARY FOR THE BLIND

156173

The foregoing appropriation item 350605, Library for the	156174
Blind, shall be used for the statewide Talking Book Program to	156175
assist the blind and disabled.	156176

TRANSFER TO OPLIN TECHNOLOGY FUND

156177

Notwithstanding sections 5747.03 and 5747.47 of the Revised	156178
Code and any other provision of law to the contrary, in accordance	156179
with a schedule established by the Director of Budget and	156180
Management, the Director of Budget and Management shall transfer	156181
$3,689,788 cash in each fiscal year from the Public Library Fund	156182
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	156183

TRANSFER TO LIBRARY FOR THE BLIND FUND

156184

Notwithstanding sections 5747.03 and 5747.47 of the Revised	156185
Code and any other provision of law to the contrary, in accordance	156186
with a schedule established by the Director of Budget and	156187
Management, the Director of Budget and Management shall transfer	156188
$1,274,194 cash in each fiscal year from the Public Library Fund	156189
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	156190

Section 317.10. LCO LIQUOR CONTROL COMMISSION

156191

State Special Revenue Fund Group	156192

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	156193
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	156194
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	156195

Section 319.10. LOT STATE LOTTERY COMMISSION

156197

State Lottery Fund Group	156198

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	156199
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	156200
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	156201
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	156202
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	156203
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	156204
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	156205
TOTAL SLF State Lottery Fund							156206
Group			$	335,475,593	$	333,578,528	156207
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	156208

OPERATING EXPENSES

156209

Notwithstanding sections 127.14 and 131.35 of the Revised	156210
Code, the Controlling Board may, at the request of the State	156211
Lottery Commission, authorize expenditures from the State Lottery	156212
Fund in excess of the amounts appropriated, up to a maximum of 10	156213
per cent of anticipated total revenue accruing from the sale of	156214
lottery products. Upon the approval of the Controlling Board, the	156215
additional amounts are hereby appropriated.	156216

DIRECT PRIZE PAYMENTS

156217

Any amounts, in addition to the amounts appropriated in	156218
appropriation item 950601, Direct Prize Payments, that the	156219
Director of the State Lottery Commission determines to be	156220
necessary to fund prizes are hereby appropriated.	156221

ANNUITY PRIZES

156222

Upon request of the State Lottery Commission, the Director of	156223
Budget and Management may transfer cash from the State Lottery	156224
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	156225
an amount sufficient to fund deferred prizes. The Treasurer of	156226
State, from time to time, shall credit the Deferred Prizes Trust	156227
Fund (Fund 8710) the pro rata share of interest earned by the	156228
Treasurer of State on invested balances.	156229

Any amounts, in addition to the amounts appropriated in	156230
appropriation item 950602, Annuity Prizes, that the Director of	156231
the State Lottery Commission determines to be necessary to fund	156232
deferred prizes and interest earnings are hereby appropriated.	156233

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

156234

Estimated transfers from the State Lottery Fund (Fund 7044)	156235
to the Lottery Profits Education Fund (Fund 7017) are to be	156236
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	156237
2015. The Director of Budget and Management shall transfer such	156238
amounts contingent upon the availability of resources. Transfers	156239
from the State Lottery Fund to the Lottery Profits Education Fund	156240
shall represent the estimated net income from operations for the	156241
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	156242
the Director of Budget and Management to the Lottery Profits	156243
Education Fund shall be administered as the statutes direct.	156244

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

156245

General Services Fund Group	156246

4K90	996609	Operating Expenses	$	459,134	$	459,134	156247
TOTAL GSF General Services							156248
Fund Group			$	459,134	$	459,134	156249

State Special Revenue Fund Group	156250

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	156251
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	156252
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	156253

Section 323.10. MCD DEPARTMENT OF MEDICAID

156255

General Revenue Fund	156256

GRF	651425	Medicaid Program Support - State	$	150,382,299	$	156,964,636	156257
GRF	651525	Medicaid/Health Care Services					156258
		State	$	4,747,521,777	$	4,991,552,135	156259
		Federal	$	9,000,192,337	$	9,314,662,342	156260
		Medicaid/Health Care Services Total	$	13,747,714,114	$	14,306,214,477	156261
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	156262
TOTAL GRF General Revenue Fund							156263
		State	$	5,206,653,218	$	5,473,437,289	156264
		Federal	$	9,000,192,337	$	9,314,662,342	156265
		GRF Total	$	14,206,845,555	$	14,788,099,631	156266

General Services Fund Group	156267

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	156268
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	156269
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	156270

Federal Special Revenue Fund Group	156271

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	156272
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	156273
3F00	651624	Medicaid Program Support - Federal	$	409,896,401	$	410,223,399	156274
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	156275
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	156276
TOTAL FED Federal Special Revenue Fund Group			$	5,242,962,780	$	5,663,305,462	156277

State Special Revenue Fund Group	156278

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	156279
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	156280
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	156281
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	156282
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	156283
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	156284
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	156285
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	156286

Holding Account Redistribution Fund Group	156287

R055	651644	Refunds and Reconciliations	$	1,000,000	$	1,000,000	156288
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	156289
TOTAL ALL BUDGET FUND GROUPS			$	21,123,149,045	$	22,174,492,121	156290

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

156292

(A) As used in this section, "medical assistance program"	156293
means all of the following:	156294

(1) The Medicaid program established by Title XIX of the	156295
"Social Security Act," 42 U.S.C. 1396 et seq.	156296

(2) The Children's Health Insurance Program authorized by	156297
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	156298

(3) The Refugee Medical Assistance program authorized by the	156299
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	156300
1522(e).	156301

(B) On July 1, 2013, all of the following apply:

156302

(1) The Department of Medicaid is created.

156303

(2) The Department of Medicaid is to be administered by the	156304
Medicaid Director who is to be appointed by the Governor with the	156305
advice and consent of the Senate.	156306

(3) The Medicaid Director is to hold the Director's office	156307
during the term of the appointing Governor and is subject to	156308
removal at the pleasure of the Governor.	156309

(4) The Medicaid Director is the executive head of the	156310
Department of Medicaid and all duties conferred on the Department	156311
by law or order of the Director are under the Director's control	156312
and shall be performed in accordance with rules the Director	156313
adopts.	156314

(5) The Medicaid Director may appoint such employees as are	156315
necessary for the efficient operation of the Department of	156316
Medicaid and may prescribe the title and duties of the employees.	156317

(6) The Office of Medical Assistance shall cease to exist.

156318

(7) Each reference to the Department or Director of Public	156319
Welfare, Department or Director of Human Services, Department or	156320
Director of Job and Family Services, Office of Medical Assistance,	156321
or Medical Assistance Director in any statute, rule, contract,	156322
grant, or other document is deemed to refer to the Department of	156323
Medicaid or Medicaid Director, as the case may be, to the extent	156324
the reference is about a duty or authority of the Department of	156325
Medicaid or Medicaid Director regarding a medical assistance	156326
program.	156327

(8) Employees of the Office of Medical Assistance are hereby	156328
transferred to the Department of Medicaid. The vehicles and	156329
equipment assigned to the Office's employees are transferred to	156330
the Department.	156331

(9) The assets, liabilities, other equipment not provided	156332
for, and records, irrespective of form or medium, of the Office of	156333
Medical Assistance are transferred to the Department of Medicaid.	156334
The Department is the successor to, assumes the obligations of,	156335
and otherwise constitutes the continuation of, the Office.	156336

(10) Business commenced but not completed on July 1, 2013, by	156337
the Medical Assistance Director, the Office of Medical Assistance,	156338
Director of Job and Family Services, or Department of Job and	156339
Family Services regarding a medical assistance program shall be	156340
completed by the Medicaid Director or Department of Medicaid in	156341
the same manner, and with the same effect, as if completed by the	156342
Medical Assistance Director, Office of Medical Assistance,	156343
Director of Job and Family Services, or Department of Job and	156344
Family Services. No validation, cure, right, privilege, remedy,	156345
obligation, or liability is lost or impaired by reason of the	156346
transfer required by this section but shall be administered by the	156347
Medicaid Director or Department of Medicaid.	156348

(11) For the purpose of the "Social Security Act," section	156349
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	156350
shall act as the single state agency to supervise the	156351
administration of the Medicaid program. As the single state	156352
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	156353
all other federal requirements applicable to the single state	156354
agency.	156355

(D) The rules, orders, and determinations pertaining to the	156356
Office of Medical Assistance and Department of Job and Family	156357
Services regarding medical assistance programs continue in effect	156358
as rules, orders, and determinations of the Department of Medicaid	156359
until modified or rescinded by the Department of Medicaid.	156360

(E) No judicial or administrative action or proceeding	156361
pending on July 1, 2013, is affected by the transfer of functions	156362
from the Medical Assistance Director, Office of Medical	156363
Assistance, Director of Job and Family Services, or Department of	156364
Job and Family Services to the Medicaid Director or Department of	156365
Medicaid and shall be prosecuted or defended in the name of the	156366
Medicaid Director or Department of Medicaid. On application to the	156367
court or other tribunal, the Medicaid Director or Department of	156368
Medicaid shall be substituted as a party in such actions and	156369
proceedings.	156370

(F) When the Department of Medicaid created in section 121.02	156371
of the Revised Code comes into effect, it is a continuation of the	156372
Department of Medicaid created in this section.	156373

(G) A portion of the foregoing appropriation items 651425,	156374
Medicaid Program Support – State, 651525, Medicaid/Health Care	156375
Services, 651526, Medicare Part D, 651639, Medicaid Services –	156376
Recoveries, 651638, Medicaid Services - Payment Withholding,	156377
651603, Medicaid Health Information Technology, 651623, Medicaid	156378
Services – Federal, 651624, Medicaid Program Support – Federal,	156379
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	156380
Pass-Through, 651605, Resident Protection Fund, 651631, Money	156381
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	156382
651682, Health Care Grants – State, 651608, Medicaid Services –	156383
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	156384
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	156385
Managed Care Performance Payments, may be used to pay for Medicaid	156386
services and costs associated with the administration of the	156387
Medicaid program.	156388

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

156389

On July 1, 2013, or as soon as possible thereafter, the	156390
Medicaid Director shall certify to the Director of Budget and	156391
Management all medical assistance-related encumbrances held by the	156392
Department of Job and Family Services, and specify which of those	156393
encumbrances are requested to be transferred to the Department of	156394
Medicaid. The Director of Budget and Management may cancel any	156395
existing encumbrances, as certified by the Medicaid Director, and	156396
reestablish them in the Department of Medicaid. The reestablished	156397
encumbrance amounts are hereby appropriated. Any business	156398
commenced, but not completed, with regard to the encumbrances	156399
certified shall be completed by the Department of Medicaid in the	156400
same manner and with the same effect as if it were completed by	156401
the Department of Job and Family Services.	156402

On July 1, 2013, or as soon as possible thereafter, the	156403
Medicaid Director shall certify to the Director of Budget and	156404
Management all medical assistance-related receivables held by the	156405
Department of Job and Family Services, and specify which of those	156406
receivables are requested to be transferred to the Department of	156407
Medicaid. The Director of Budget and Management may cancel any	156408
existing receivables as certified by the Medicaid Director and	156409
reestablish them in the Department of Medicaid.	156410

A portion of the foregoing appropriation items 651425,	156411
Medicaid Program Support – State, 651525, Medicaid/Health Care	156412
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	156413
Services-Payment Withholding, 651624, Medicaid Program Support –	156414
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	156415
Interagency Pass-Through, 651605, Resident Protection Fund,	156416
651631, Money Follows the Person, 651656, Medicaid Services –	156417
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	156418
Medicaid Services – Long Term Care, 651654, Medicaid Program	156419
Support, and 651649, Medicaid Services – HCAP, may be used to pay	156420
for medical assistance services and costs associated with the	156421
administration of the Medicaid program.	156422

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

156423

(A) As used in this section, "medical assistance program" has	156424
the same meaning as in the section of this act titled "CREATION OF	156425
THE DEPARTMENT OF MEDICAID."	156426

(B) During the period beginning July 1, 2013, and ending June	156427
30, 2015, all of the following apply:	156428

(1) The Medicaid Director has the authority to establish,	156429
change, and abolish positions for the Department of Medicaid, and	156430
to assign, reassign, classify, reclassify, transfer, reduce,	156431
promote, or demote all employees of the Department of Medicaid who	156432
are not subject to Chapter 4117. of the Revised Code.	156433

(2) As part of the transfer of medical assistance programs to	156434
the Department of Medicaid, the Director of Job and Family	156435
Services has the authority to establish, change, and abolish	156436
positions for the Department of Job and Family Services, and to	156437
assign, reassign, classify, reclassify, transfer, reduce, promote,	156438
or demote all employees of the Department of Job and Family	156439
Services who are not subject to Chapter 4117. of the Revised Code.	156440

(C) The authority granted under division (B) of this section	156441
includes assigning or reassigning an exempt employee, as defined	156442
in section 124.152 of the Revised Code, to a bargaining unit	156443
classification if the Medicaid Director or Director of Job and	156444
Family Services determines that the bargaining unit classification	156445
is the proper classification for that employee. The actions of the	156446
Medicaid Director or Director of Job and Family Services shall be	156447
consistent with the requirements of 5 C.F.R. 900.603 for those	156448
employees subject to such requirements. If an employee in the E-1	156449
pay range is to be assigned, reassigned, classified, reclassified,	156450
transferred, reduced, or demoted to a position in a lower	156451
classification during the period specified in this section, the	156452
Medicaid Director or Director of Job and Family Services, or in	156453
the case of a transfer outside the Department of Medicaid or	156454
Department of Job and Family Services, the Director of	156455
Administrative Services, shall assign the employee to the	156456
appropriate classification and place the employee in Step X. The	156457
employee shall not receive any increase in compensation until the	156458
maximum rate of pay for that classification exceeds the employee's	156459
compensation.	156460

(D) Actions taken by the Medicaid Director, Director of Job	156461
and Family Services, and Director of Administrative Services	156462
pursuant to this section are not subject to appeal to the State	156463
Personnel Board of Review.	156464

(E) A portion of the foregoing appropriation items 651425,	156465
Medicaid Program Support – State, 651603, Medicaid Health	156466
Information Technology, 651624, Medicaid Program Support –	156467
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	156468
Interagency Pass-Through, 651605, Resident Protection Fund,	156469
651631, Money Follows the Person, 651682, Health Care Grants –	156470
State, and 651654, Medicaid Program Support, may be used to pay	156471
for costs associated with the administration of the Medicaid	156472
program, including the assignment, reassignment, classification,	156473
reclassification, transfer, reduction, promotion, or demotion of	156474
employees authorized by this section.	156475

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

156476

As used in this section, "medical assistance program" has the	156477
same meaning as in the section of this act titled "CREATION OF THE	156478
DEPARTMENT OF MEDICAID."	156479

The Medicaid Director and Director of Job and Family Services	156480
may jointly or separately enter into one or more contracts with	156481
public or private entities for staff training and development to	156482
facilitate the transfer of the staff and duties regarding medical	156483
assistance programs to the Department of Medicaid. Division (B) of	156484
section 127.16 of the Revised Code does not apply to contracts	156485
entered into under this section.	156486

A portion of the foregoing appropriation items 651425,	156487
Medicaid Program Support – State, 651624, Medicaid Program Support	156488
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	156489
Protection Fund, 651631, Money Follows the Person, and 651654,	156490
Medicaid Program Support, may be used to pay for costs associated	156491
with the administration of the Medicaid program, including staff	156492
training authorized under this section.	156493

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	156494
A COLLECTIVE BARGAINING SUBJECT	156495

As used in this section, "medical assistance program" has the	156496
same meaning as in the section of this act titled "CREATION OF THE	156497
DEPARTMENT OF MEDICAID."	156498

Notwithstanding sections 4117.08 and 4117.10 of the Revised	156499
Code, this act's creation of the Department of Medicaid and	156500
reassignment of the functions and duties of the Office of Medical	156501
Assistance regarding medical assistance programs are not	156502
appropriate subjects for collective bargaining under Chapter 4117.	156503
of the Revised Code.	156504

A portion of the foregoing appropriation items 651425,	156505
Medicaid Program Support – State, 651624, Medicaid Program Support	156506
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	156507
Interagency Pass-Through, 651605, Resident Protection Fund,	156508
651631, Money Follows the Person, 651682, Health Care Grants –	156509
State, and 651654, Medicaid Program Support, may be used to pay	156510
for costs associated with the administration of the Medicaid	156511
program, including the reassignment of functions and duties	156512
related to the transition of the Office of Medical Assistance into	156513
the Department of Medicaid.	156514

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

156515

(A) As used in this section:

156516

(1) "Grant agreement" has the same meaning as in section	156517
5101.21 of the Revised Code.	156518

(2) "Medical assistance program" has the same meaning as in	156519
the section of this act titled "CREATION OF THE DEPARTMENT OF	156520
MEDICAID."	156521

(B) The Director of Job and Family Services and boards of	156522
county commissioners may enter into negotiations to amend an	156523
existing grant agreement or to enter into a new grant agreement	156524
regarding the transfer of medical assistance programs to the	156525
Department of Medicaid. Any such amended or new grant agreement	156526
shall be drafted in the name of the Department of Job and Family	156527
Services. The amended or new grant agreement may be executed	156528
before July 1, 2013, if the amendment or agreement does not become	156529
effective sooner than that date.	156530

(C) A portion of the foregoing appropriation items 651525,	156531
Health Care/Medicaid Services, 651603, Medicaid Health Information	156532
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	156533
Program Support – Federal, 651680, Health Care Grants – Federal,	156534
and 651682, Health Care Grants - State, may be used to pay for	156535
Medicaid services and costs associated with the administration of	156536
the Medicaid program.	156537

Section 323.10.63. EXCHANGE OF CERTAIN INFORMATION BETWEEN	156538
SPECIFIED STATE AGENCIES; HEALTH TRANSFORMATION INITIATIVES	156539

Until the amendments to sections 191.01, 191.02, 191.04, and	156540
191.06 of the Revised Code made by this act take effect in	156541
accordance with section 101.01 of this act, all of the following	156542
shall be the case:	156543

(A) The definition of "state agency" in section 191.01 of the	156544
Revised Code includes the Department of Administrative Services	156545
and the Department of Medicaid in addition to the other agencies	156546
specified in divisions (I)(1) to (13) of that section.	156547

(B) For the purpose of fulfilling the requirement in section	156548
191.02 of the Revised Code, the Executive Director of the Office	156549
of Health Transformation may consult with the Director of	156550
Administrative Services and the Medicaid Director in addition to	156551
the other individuals specified in divisions (A) to (O) of that	156552
section.	156553

(C) Notwithstanding any provision of the Revised Code to the	156554
contrary, the provisions in sections 191.04 and 191.06 of the	156555
Revised Code apply only for fiscal years 2013, 2014, and 2015.	156556

(D) A portion of the foregoing appropriation items 651425,	156557
Medicaid Program Support-State, 651525, Medicaid/Health Care	156558
Services, 651639, Medicaid Services-Recoveries, 651638, Medicaid	156559
Services-Payment Withholding, 651624, Medicaid Program	156560
Support-Federal, 651680, Health Care Grants-Federal, 651655,	156561
Medicaid Interagency Pass-Through, 651605, Resident Protection	156562
Fund, 651631, Money Follows the Person, 651656, Medicaid	156563
Services-Hospitals/UPL, 651682, Health Care Grants-State, 651608,	156564
Medicaid Services-Long Term Care, 651654, Medicaid Program	156565
Support, and 651649, Medicaid Services-HCAP, may be used to pay	156566
for services and costs associated with operating protocols adopted	156567
under section 191.06 of the Revised Code and this section.	156568

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

156569

On and after October 1, 2013, if necessary to ensure the	156570
integrity of the numbering of the Administrative Code, the	156571
Director of the Legislative Service Commission shall renumber the	156572
rules of the Office of Medical Assistance within the Department of	156573
Job and Family Services to reflect its transfer to the Department	156574
of Medicaid.	156575

Section 323.20. MEDICAID/HEALTH CARE SERVICES

156576

The foregoing appropriation item 651525, Medicaid/Health Care	156577
Services, shall not be limited by section 131.33 of the Revised	156578
Code.	156579

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	156580
AVOIDABLE ADMISSIONS	156581

(A) The Department of Medicaid may implement, for fiscal year	156582
2014 and fiscal year 2015, a quality incentive program to do both	156583
of the following:	156584

(1) Reduce the number of times that the following persons are	156585
admitted to hospitals and nursing facilities or utilize emergency	156586
department services when the admissions or utilizations are	156587
avoidable:	156588

(a) Medicaid recipients enrolled in a home and	156589
community-based services Medicaid waiver component administered by	156590
the Office;	156591

(b) Medicaid recipients receiving nursing services available	156592
under the home health services benefit pursuant to 42 C.F.R.	156593
440.70(b)(1);	156594

(c) Medicaid recipients receiving home health aide services	156595
available under the home health services benefit pursuant to 42	156596
C.F.R. 440.70(b)(2);	156597

(d) Medicaid recipients receiving private duty nursing	156598
services as defined in 42 C.F.R. 440.80.	156599

(2) Reduce the number of times that Medicaid recipients	156600
receiving nursing facility services are admitted to hospitals or	156601
utilize emergency department services when the admissions or	156602
utilizations are avoidable.	156603

(B) If the quality incentive program is implemented, the	156604
Department shall include in the program methods by which the	156605
Department will determine the program's actual savings to the	156606
Medicaid program and shall distribute not more than fifty per cent	156607
of the savings to participating Medicaid providers.	156608

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	156609
PROGRAM	156610

(A) As used in this section, "children's hospital" means a	156611
hospital, as defined in section 3727.01 of the Revised Code, that	156612
is located in this state, primarily serves patients eighteen years	156613
of age and younger, is subject to the Medicaid prospective payment	156614
system for hospitals established in rules adopted under section	156615
5164.02 of the Revised Code, and is excluded from Medicare	156616
prospective payments in accordance with 42 C.F.R. 412.23(d).	156617

(B) The Medicaid Director may implement, during fiscal year	156618
2014 and fiscal year 2015, a children's hospitals quality outcomes	156619
program that encourages children's hospitals to develop the	156620
following:	156621

(1) Infrastructures that are needed to care for patients in	156622
the least restrictive setting and promote the care of patients and	156623
their families;	156624

(2) Programs designed to improve birth outcomes and	156625
measurably reduce neonatal intensive care admissions;	156626

(3) Patient-centered methods to measurably reduce utilization	156627
of emergency department services for primary care needs and	156628
nonemergency health conditions;	156629

(4) Other quality-focused reforms the Director identifies.

156630

(C) Up to $6,000,000 state share plus the corresponding	156631
federal share in each fiscal year shall be used to support	156632
payments made to children's hospitals for developing programs that	156633
achieve the outcomes specified under division (B) of this section	156634
and any other measures the Medicaid Director deems appropriate.	156635

Section 323.50. UNIFIED LONG TERM CARE

156636

The foregoing appropriation item 651425, Medicaid Program	156637
Support - State, may be used to provide the preadmission screening	156638
and resident review (PASRR), which includes screening,	156639
assessments, and determinations made under sections 5119.061	156640
(renumbered section 5119.40 of the Revised Code in this act),	156641
5123.021, and 5165.04 of the Revised Code.	156642

The foregoing appropriation item 651425, Medicaid Program	156643
Support - State, may be used to assess and provide long-term care	156644
consultations under section 173.42 of the Revised Code to clients	156645
regardless of Medicaid eligibility.	156646

The foregoing appropriation item 651525, Medicaid/Health Care	156647
Services, may be used to provide nonwaiver funded PASSPORT and	156648
assisted living services to persons who the state department has	156649
determined to be eligible to participate in the nonwaiver funded	156650
PASSPORT and assisted living programs, who applied for but have	156651
not yet been determined to be financially eligible to participate	156652
in the Medicaid waiver component of the PASSPORT Home Care Program	156653
or the Assisted Living Program by a county department of job and	156654
family services, and to persons who are not eligible for Medicaid	156655
but were enrolled in the PASSPORT Program prior to July 1, 1990.	156656

The foregoing appropriation item 651425, Medicaid Program	156657
Support - State, shall be used to provide the required state match	156658
for federal Medicaid funds supporting the Medicaid waiver-funded	156659
PASSPORT Home Care Program, the Choices Program, the Assisted	156660
Living Program, and the PACE Program.	156661

The foregoing appropriation item 651525, Medicaid/Health Care	156662
Services, shall be used to provide the federal matching share of	156663
program costs determined by the Department of Medicaid to be	156664
eligible for Medicaid reimbursement for the Medicaid waiver-funded	156665
PASSPORT Home Care Program, the Choices Program, the Assisted	156666
Living Program, and the PACE Program.	156667

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	156668
OPERATIONS	156669

For fiscal year 2014 and fiscal year 2015, spending for	156670
PASSPORT administrative agencies' site operating functions	156671
relating to screening, assessments, general administrative	156672
functions, and provider relations for the Medicaid waiver-funded	156673
PASSPORT Home Care Program, Choices Program, Assisted Living	156674
Program, and PACE Program shall be at one hundred five per cent of	156675
the level provided in fiscal year 2013.	156676

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

156677

At the beginning of each quarter, or as soon as possible	156678
thereafter, the Medicaid Director shall certify to the Director of	156679
Budget and Management the amount withheld in accordance with	156680
section 5167.30 of the Revised Code for purposes of the Managed	156681
Care Performance Payment Program. Upon receiving certification,	156682
the Director of Budget and Management shall transfer cash in the	156683
amount certified from the General Revenue Fund to the Managed Care	156684
Performance Payment Fund. Appropriation item 651525,	156685
Medicaid/Health Care Services, is hereby reduced by the amount of	156686
the transfer. Upon request of the Medicaid Director and approval	156687
of the Director of Budget and Management, appropriation up to the	156688
cash balance in the Managed Care Performance Payment Fund is	156689
hereby appropriated.	156690

In addition to any other purpose authorized by law, the	156691
Department of Medicaid may use money in the Managed Care	156692
Performance Payment Fund for the following purposes for fiscal	156693
year 2014 and fiscal year 2015:	156694

(A) To meet obligations specified in provider agreements with	156695
Medicaid managed care organizations;	156696

(B) To pay for Medicaid services provided by a Medicaid	156697
managed care organization;	156698

(C) To reimburse a Medicaid managed care organization that	156699
has paid a fine for failure to meet performance standards or other	156700
requirements specified in provider agreements or rules adopted	156701
under section 5167.02 of the Revised Code if the organization	156702
comes into compliance with the standards or requirements.	156703

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

156704

(A) Except as provided in division (B) of this section, the	156705
Department of Medicaid shall not include in the care management	156706
system established under section 5167.03 of the Revised Code any	156707
individual receiving services through the program for medically	156708
handicapped children established under section 3701.023 of the	156709
Revised Code who has one or more of the following conditions:	156710

(1) Cystic fibrosis;

156711

(2) Hemophilia;

156712

(3) Cancer.

156713

(B) An individual described in division (A) of this section	156714
may be designated for participation in the care management system	156715
if the individual was receiving services through the system	156716
immediately before April 1, 2013.	156717

(C) This section applies until July 1, 2014, notwithstanding	156718
any provision of section 5167.03 of the Revised Code that	156719
otherwise authorizes or requires the designation of individuals	156720
for participation in the care management system.	156721

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	156722
HEALTH SERVICES	156723

(A) As used in this section, "community mental health	156724
services" means mental health services included in the state	156725
Medicaid plan pursuant to section 5164.15 of the Revised Code.	156726

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	156727
recipient who is under twenty-one years of age automatically	156728
satisfies all requirements for any prior authorization process for	156729
community mental health services provided under a component of the	156730
Medicaid program administered by the Department of Mental Health	156731
and Addiction Services pursuant to an interagency agreement	156732
authorized by section 5162.35 of the Revised Code if any of the	156733
following apply to the recipient:	156734

(1) The recipient is in the temporary custody or permanent	156735
custody of a public children services agency or private child	156736
placing agency or is in a planned permanent living arrangement.	156737

(2) The recipient has been placed in protective supervision	156738
by a juvenile court.	156739

(3) The recipient has been committed to the Department of	156740
Youth Services.	156741

(4) The recipient is an alleged or adjudicated delinquent or	156742
unruly child receiving services under the Felony Delinquent Care	156743
and Custody Program operated under section 5139.43 of the Revised	156744
Code.	156745

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	156746
LONG-TERM SERVICES AND SUPPORTS	156747

(A) The Joint Legislative Committee for Unified Long-Term	156748
Services and Supports created under section 309.30.73 of Am. Sub.	156749
H.B. 153 of the 129th General Assembly, as subsequently amended,	156750
shall continue to exist during fiscal year 2014 and fiscal year	156751
2015. The Committee shall consist of the following members:	156752

(1) Two members of the House of Representatives from the	156753
majority party, appointed by the Speaker of the House of	156754
Representatives;	156755

(2) One member of the House of Representatives from the	156756
minority party, appointed by the Speaker of the House of	156757
Representatives;	156758

(3) Two members of the Senate from the majority party,	156759
appointed by the President of the Senate;	156760

(4) One member of the Senate from the minority party,	156761
appointed by the President of the Senate.	156762

(B) The Speaker of the House of Representatives shall	156763
designate one of the members of the Committee appointed under	156764
division (A)(1) of this section to serve as co-chairperson of the	156765
Committee. The President of the Senate shall designate one of the	156766
members of the Committee appointed under division (A)(3) of this	156767
section to serve as the other co-chairperson of the Committee. The	156768
Committee shall meet at the call of the co-chairpersons. The	156769
co-chairpersons may request assistance for the Committee from the	156770
Legislative Service Commission.	156771

156772

(1) The implementation of the dual eligible integrated care	156773
demonstration project authorized by section 5164.91 of the Revised	156774
Code;	156775

(2) The implementation of a unified long-term services and	156776
support Medicaid waiver component under section 5166.14 of the	156777
Revised Code;	156778

(3) Providing consumers choices regarding a continuum of	156779
services that meet their health-care needs, promote autonomy and	156780
independence, and improve quality of life;	156781

(4) Ensuring that long-term care services and supports are	156782
delivered in a cost-effective and quality manner;	156783

(5) Subjecting county homes, county nursing homes, and	156784
district homes operated pursuant to Chapter 5155. of the Revised	156785
Code to the franchise permit fee under sections 5168.40 to 5168.56	156786
of the Revised Code;	156787

(6) Other issues of interest to the committee.

156788

(D) The co-chairpersons of the Committee shall provide for	156789
the Medicaid Director to testify before the Committee at least	156790
quarterly regarding the issues that the Committee examines.	156791

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	156792
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	156793
HOSPITAL INCENTIVE PAYMENT PROGRAM	156794

(A) As used in this section:

156795

(1) "Hospital" has the same meaning as in section 5168.20 of	156796
the Revised Code.	156797

(2) "Hospital Assessment Fund" means the fund created under	156798
section 5168.25 of the Revised Code.	156799

(3) "Medicaid managed care organization" has the same meaning	156800
as in section 5167.01 of the Revised Code.	156801

(B) The Department of Medicaid shall do both of the	156802
following:	156803

(1) Continue the Hospital Inpatient and Outpatient	156804
Supplemental Upper Payment Limit Program that was established	156805
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	156806
General Assembly, with any modifications necessary to implement	156807
the program as described under division (D) of this section;	156808

(2) Continue the Medicaid Managed Care Hospital Incentive	156809
Payment Program, as described under division (E) of this section.	156810

(C) The Department shall use amounts deposited into the	156811
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	156812
for the following purposes in each fiscal year:	156813

(1) To pay for costs associated with all of the following:

156814

(a) The Hospital Inpatient and Outpatient Supplemental Upper	156815
Payment Limit Program;	156816

(b) The Medicaid Managed Care Hospital Incentive Payment	156817
Program;	156818

(c) The Medicaid payment rates for hospital inpatient and	156819
outpatient services required by the section of this act entitled	156820
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT SERVICES."	156821

(2) To reduce spending in appropriation item 651525,	156822
Medicaid/Health Care Services.	156823

(D)(1) Under the Hospital Inpatient and Outpatient	156824
Supplemental Upper Payment Limit Program, subject to division	156825
(D)(2) of this section, supplemental Medicaid payments shall be	156826
made to hospitals for Medicaid-covered inpatient and outpatient	156827
services. The Department shall make the payments through amounts	156828
available for the Program pursuant to division (C) of this section	156829
and any federal financial participation available for the Program.	156830

(2) The Department shall take all actions necessary to cease	156831
implementation of the Program if the United States Secretary	156832
determines that the assessment imposed under section 5168.21 of	156833
the Revised Code is an impermissible health care-related tax under	156834
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	156835

(E)(1) The purpose of the Medicaid Managed Care Hospital	156836
Incentive Payment Program is to increase access to hospital	156837
services for Medicaid recipients who are enrolled in Medicaid	156838
managed care organizations.	156839

Under the Program, subject to division (E)(2) of this	156840
section, funds shall be provided to Medicaid managed care	156841
organizations, which shall use the funds to increase payments to	156842
hospitals for providing services to Medicaid recipients who are	156843
enrolled in the organizations. The Department shall provide the	156844
funds through amounts available for the Program pursuant to	156845
division (C) of this section and any federal financial	156846
participation available for the Program.	156847

(2)(a) The Department shall not provide funds to Medicaid	156848
managed care organizations under the Program unless an actuary	156849
selected by the Department certifies that the Program would not	156850
violate the actuarial soundness of the capitation rates paid to	156851
Medicaid managed care organizations.	156852

(b) The Department shall not implement the Program in a	156853
manner that causes a hospital to receive less money from the	156854
Hospital Assessment Fund than the hospital would have received if	156855
the Program were not implemented.	156856

(c) The Department shall not implement the Program in a	156857
manner that causes a Medicaid managed care organization to receive	156858
a lower capitation payment rate solely because funds are made	156859
available to the organization under the Program.	156860

(d) The Department shall take all necessary actions to cease	156861
implementation of the Program if the United States Secretary	156862
determines that the assessment imposed under section 5168.21 of	156863
the Revised Code is an impermissible health care-related tax under	156864
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	156865

(F) The Director of Budget and Management may authorize	156866
additional expenditures from appropriation item 651623, Medicaid	156867
Services - Federal, appropriation item 651525, Medicaid/Health	156868
Care Services, and appropriation item 651656, Medicaid Services -	156869
Hospital/UPL, in order to implement the programs authorized by	156870
this section. Any amounts authorized are hereby appropriated.	156871

(G) The Medicaid Director shall adopt rules as necessary to	156872
implement this section. The rules shall provide for the applicable	156873
assessment percentage that is used for the purpose of section	156874
5168.21 of the Revised Code to be an amount that raises, from the	156875
assessments imposed on hospitals under that section, an amount the	156876
Director determines is appropriate to fund the purposes specified	156877
in division (C) of this section.	156878

Section 323.103. CONTINUATION OF MEDICAID RATES FOR HOSPITAL	156879
INPATIENT SERVICES	156880

(A) The Medicaid payment rates for Medicaid-covered hospital	156881
inpatient services shall be the same as the Medicaid payment rates	156882
for the services in effect on June 30, 2013, until the effective	156883
date of the first of any rules adopted under section 5164.02 of	156884
the Revised Code establishing new diagnosis-related groups for the	156885
services.	156886

(B) The Director of Budget and Management may authorize	156887
additional expenditures from appropriation item 651623, Medicaid	156888
Services – Federal, appropriation item 651525, Medicaid/Health	156889
Care Services, and appropriation item 651656, Medicaid Services –	156890
Hospital/UPL, in order to implement this section. Any amounts	156891
authorized are hereby appropriated.	156892

Section 323.105. MEDICAID RATES FOR CERTAIN HOSPITAL	156893
OUTPATIENT AND LABORATORY SERVICES	156894

(A) As used in this section:

156895

(1) "Applicable hospital outpatient and laboratory services"	156896
means the following Medicaid-covered services:	156897

(a) Hospital outpatient services paid at hospital-specific	156898
costs;	156899

(b) Hospital laboratory procedures paid in excess of Medicare	156900
rates for the procedures.	156901

(2) "Hospital outpatient savings" means the amount, if any,	156902
by which the actual amount expended and encumbered under the	156903
Medicaid program for hospital outpatient services for a fiscal	156904
year is less than the amount the Medicaid Director, before the	156905
beginning of that fiscal year, projected would be expended and	156906
encumbered under the Medicaid program for hospital outpatient	156907
services for that fiscal year.	156908

(B) On July 1, 2013, or as soon as possible thereafter, the	156909
Medicaid Director shall determine whether the amount of hospital	156910
outpatient savings for fiscal year 2013 is greater than zero. If	156911
the Director determines that the amount of hospital outpatient	156912
savings for fiscal year 2013 is greater than zero, the Director	156913
shall increase the Medicaid payment rates for applicable hospital	156914
outpatient and laboratory services provided during fiscal year	156915
2014. Subject to division (D) of this section, the rates shall be	156916
increased to the highest amount that it is possible to raise the	156917
rates using the amount of hospital outpatient savings for fiscal	156918
year 2013.	156919

(C) On July 1, 2014, or as soon as possible thereafter, the	156920
Medicaid Director shall determine whether the amount of hospital	156921
outpatient savings for fiscal year 2014 is greater than zero. If	156922
the Director determines that the amount of hospital outpatient	156923
savings for fiscal year 2014 is greater than zero, the Director	156924
shall increase the Medicaid payment rates for applicable hospital	156925
outpatient and laboratory services provided during fiscal year	156926
2015. Subject to division (D) of this section, the rates shall be	156927
increased to the highest amount that it is possible to raise the	156928
rates using the amount of hospital outpatient savings for fiscal	156929
year 2014.	156930

(D) The Medicaid payment rates for applicable hospital	156931
outpatient and laboratory services provided during the period	156932
beginning July 1, 2013, and ending June 30, 2015, shall not be	156933
greater than the Medicaid payment rates for the services in effect	156934
on June 30, 2013.	156935

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	156936
OF MEDICAID WAIVER PROGRAMS	156937

(A) As used in this section, "MCD or ODA Medicaid waiver	156938
component" means the following:	156939

(1) The Medicaid waiver component of the PASSPORT program	156940
created under section 173.52 of the Revised Code;	156941

(2) The Choices program created under section 173.53 of the	156942
Revised Code;	156943

(3) The Medicaid waiver component of the Assisted Living	156944
program created under section 173.54 of the Revised Code.	156945

(4) The Ohio Home Care Waiver program as defined in section	156946
5166.01 of the Revised Code;	156947

(5) The Ohio Transitions II Aging Carve-Out program as	156948
defined in section 5166.01 of the Revised Code;	156949

(B) If an MCD or ODA Medicaid waiver component is terminated	156950
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	156951
Revised Code, all of the following apply:	156952

(1) All applicable statutes, and all applicable rules,	156953
standards, guidelines, or orders issued by the Medicaid Director	156954
or Department of Medicaid or Director or Department of Aging	156955
before the component is terminated, shall remain in full force and	156956
effect on and after that date, but solely for purposes of	156957
concluding the component's operations, including fulfilling the	156958
Departments' legal obligations for claims arising from the	156959
component relating to eligibility determinations, covered medical	156960
assistance provided to eligible persons, and recovering erroneous	156961
overpayments.	156962

(2) Notwithstanding the termination of the component, the	156963
right of subrogation for the cost of medical assistance given	156964
under section 5160.37 of the Revised Code to the Department of	156965
Medicaid and an assignment of the right to medical assistance	156966
given under section 5160.38 of the Revised Code to the Department	156967
continue to apply with respect to the component and remain in	156968
force to the full extent provided under those sections.	156969

(3) The Department of Medicaid and Department of Aging may	156970
use appropriated funds to satisfy any claims or contingent claims	156971
for medical assistance provided under the component before the	156972
component's termination.	156973

(4) Neither the Department of Medicaid nor the Department of	156974
Aging has liability under the component to reimburse any provider	156975
or other person for claims for medical assistance rendered under	156976
the component after it is terminated.	156977

(C) The Medicaid Director and Director of Aging may adopt	156978
rules in accordance with Chapter 119. of the Revised Code to	156979
implement this section.	156980

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

156981

The Medicaid dispensing fee for each noncompounded drug	156982
covered by the Medicaid program shall be $1.80 for the period	156983
beginning July 1, 2013, and ending on the effective date of a rule	156984
changing the amount of the fee that the Medicaid Director adopts	156985
under section 5164.02 of the Revised Code.	156986

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	156987
REIMBURSEMENT FUND	156988

The federal payments made to the state under subsection (e)	156989
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	156990
No. 109-171, as amended, shall be deposited into the Money Follows	156991
the Person Enhanced Reimbursement Fund. The Department of Medicaid	156992
shall continue to use money deposited into the fund for system	156993
reform activities related to the Money Follows the Person	156994
demonstration project.	156995

Section 323.150. MEDICARE PART D

156996

The foregoing appropriation item 651526, Medicare Part D, may	156997
be used by the Department of Medicaid for the implementation and	156998
operation of the Medicare Part D requirements contained in the	156999
"Medicare Prescription Drug, Improvement, and Modernization Act of	157000
2003," Pub. L. No. 108-173, as amended. Upon the request of the	157001
Department of Medicaid, the Director of Budget and Management may	157002
transfer the state share of appropriations between appropriation	157003
item 651525, Medicaid/Health Care Services, or appropriation item	157004
651526, Medicare Part D. If the state share of appropriation item	157005
651525, Medicaid/Health Care Services, is adjusted, the Director	157006
of Budget and Management shall adjust the federal share	157007
accordingly. The Department of Medicaid shall provide notification	157008
to the Controlling Board of any transfers at the next scheduled	157009
Controlling Board meeting.	157010

Section 323.160. REBALANCING LONG-TERM CARE

157011

(A) As used in this section:

157012

"Balancing Incentive Payments Program" means the program	157013
established under section 10202 of the Patient Protection and	157014
Affordable Care Act.	157015

"Long-term services and supports" has the same meaning as in	157016
section 10202(f)(1) of the Patient Protection and Affordable Care	157017
Act.	157018

"Non-institutionally-based long-term services and supports"	157019
has the same meaning as in section 10202(f)(1)(B) of the Patient	157020
Protection and Affordable Care Act.	157021

"Patient Protection and Affordable Care Act" means Public Law	157022
111-148.	157023

(B) The Departments of Aging, Developmental Disabilities, and	157024
Medicaid shall continue efforts to achieve a sustainable and	157025
balanced delivery system for long-term services and supports. In	157026
so doing, the Departments shall strive to realize the following	157027
goals by June 30, 2015:	157028

(1) Having at least fifty per cent of Medicaid recipients who	157029
are sixty years of age or older and need long-term services and	157030
supports utilize non-institutionally-based long-term services and	157031
supports;	157032

(2) Having at least sixty per cent of Medicaid recipients who	157033
are less than sixty years of age and have cognitive or physical	157034
disabilities for which long-term services and supports are needed	157035
utilize non-institutionally-based long-term services and supports.	157036

(C) If the Department of Medicaid determines that	157037
participating in the Balancing Incentive Payments Program will	157038
assist in achieving the goals specified in division (B) of this	157039
section, the Department may apply to the United States Secretary	157040
of Health and Human Services to participate in the program.	157041

Section 323.170. OHIO ACCESS SUCCESS PROJECT

157042

Of the foregoing appropriation item, 651525, Medicaid/Health	157043
Care Services, up to $450,000 in each fiscal year may be used to	157044
provide one-time transitional benefits under the Ohio Access	157045
Success Project that the Medicaid Director may establish under	157046
section 5166.35 of the Revised Code.	157047

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

157048

(A) At least quarterly, the Medicaid Director shall certify	157049
to the Director of Budget and Management the amount of offsets	157050
withheld under section 5168.52 of the Revised Code from payments	157051
made from the General Revenue Fund.	157052

(B) The Director of Budget and Management may transfer cash	157053
from the General Revenue Fund to the Nursing Home Franchise Permit	157054
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	157055
Revised Code.	157056

(C) Amounts transferred pursuant to this section are hereby	157057
appropriated.	157058

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

157059

The foregoing appropriation item 651623, Medicaid Services -	157060
Federal, shall be used by the Department of Medicaid for	157061
distributing the federal share of Medicaid services required under	157062
the section of this act entitled "CREATION OF THE DEPARTMENT OF	157063
MEDICAID," including the federal share of all hospital care	157064
assurance program funds to hospitals under section 5168.09 of the	157065
Revised Code.	157066

If receipts credited to the Health Care Federal Fund (Fund	157067
3F00) exceed the amounts appropriated from the fund for making the	157068
hospital care assurance program distribution, the Medicaid	157069
Director may request the Director of Budget and Management to	157070
authorize expenditures from the fund in excess of the amounts	157071
appropriated. Upon the approval of the Director of Budget and	157072
Management, the additional amounts are hereby appropriated.	157073

The foregoing appropriation item 651649, Medicaid Services –	157074
HCAP, shall be used by the Department of Medicaid for distributing	157075
the state share of all hospital care assurance program funds to	157076
hospitals under section 5168.09 of the Revised Code. If receipts	157077
credited to the Hospital Care Assurance Program Fund (Fund 6510)	157078
exceed the amounts appropriated from the fund for making the	157079
hospital care assurance program distribution, the Medicaid	157080
Director may request the Director of Budget and Management to	157081
authorize expenditures from the fund in excess of the amounts	157082
appropriated. Upon the approval of the Director of Budget and	157083
Management, the additional amounts are hereby appropriated.	157084

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

157085

Of the amount received by the Department of Medicaid during	157086
fiscal year 2014 and fiscal year 2015 from the first installment	157087
of assessments paid under section 5168.06 of the Revised Code and	157088
intergovernmental transfers made under section 5168.07 of the	157089
Revised Code, the Medicaid Director shall deposit $350,000 in each	157090
fiscal year into the state treasury to the credit of the Health	157091
Care Services Administration Fund (Fund 5U30).	157092

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	157093
SERVICES ADMINISTRATION FUND	157094

(A) As used in this section:

157095

"Hospital offset" means an offset from a hospital's Medicaid	157096
payment authorized by section 5168.991 of the Revised Code.	157097

"Vendor offset" means a reduction of a Medicaid payment to a	157098
Medicaid provider to correct a previous, incorrect Medicaid	157099
payment.	157100

(B) During fiscal year 2014 and fiscal year 2015, at	157101
intervals selected by the Medicaid Director, the Director shall	157102
certify to the Director of Budget and Management the amount of	157103
hospital offsets and vendor offsets for the period covered by the	157104
certification and the particular funds that would have been used	157105
to make Medicaid payments to providers if not for the offsets.	157106
Each certification shall specify the amount that would have been	157107
taken from each of the funds if not for the hospital offsets and	157108
vendor offsets.	157109

(C) On receipt of a certification under division (B) of this	157110
section, the Director of Budget and Management shall transfer cash	157111
from the funds identified in the certification to the Health Care	157112
Services Administration Fund (Fund 5U30). The amount transferred	157113
from a fund shall equal the amount that would have been taken from	157114
the fund if not for the hospital offsets and vendor offsets as	157115
specified in the certification. The transferred cash is hereby	157116
appropriated.	157117

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

157118

The Medicaid Director may request the Director of Budget and	157119
Management to increase appropriation item 651655, Medicaid	157120
Interagency Pass-Through. Upon the approval of the Director of	157121
Budget and Management, the additional amounts are hereby	157122
appropriated.	157123

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	157124
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	157125

(A) As used in this section:

157126

"Dual eligible individual" has the same meaning as in the	157127
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	157128
1396n(h)(2)(B).	157129

"Medicare Part B" means the Supplementary Medical Insurance	157130
Program for the Aged and Disabled component of the Medicare	157131
program established by Part B of Title XVIII of the "Social	157132
Security Act," 42 U.S.C. 1395j et seq.	157133

"Noninstitutional services" means any services other than	157134
hospital services, nursing facility services, and intermediate	157135
care facilities for individuals with intellectual disabilities.	157136

(B) Notwithstanding any conflicting state statute, a Medicaid	157137
payment for noninstitutional services, excluding physician	157138
services and including freestanding dialysis center services,	157139
provided during the period beginning January 1, 2014, and ending	157140
July 1, 2015, to a Medicaid recipient who is a dual eligible	157141
individual enrolled for benefits under Medicare Part B shall equal	157142
the lesser of the following:	157143

(1) The sum of the Medicare Part B deductible, coinsurance,	157144
and copayment for the services that are applicable to the	157145
individual;	157146

(2) The greater of the following:

157147

(a) The maximum allowable Medicaid payment for the services	157148
when the services are provided to other Medicaid recipients, less	157149
the total Medicaid payment (if any) most recently paid on the	157150
Medicaid recipient's behalf for such services;	157151

(b) Zero.

157152

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	157153
AND PRIVATE DUTY NURSING	157154

(A) As used in this section, "responsible adult" means the	157155
spouse of a Medicaid recipient or, in the case of a Medicaid	157156
recipient who is a minor, the minor's parent, foster caregiver,	157157
stepparent, guardian, legal custodian, or any other person who	157158
stands in loco parentis for the minor.	157159

(B) Except as provided in division (C) of this section, for	157160
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	157161
be made for any of the following services that are provided to a	157162
Medicaid recipient by an individual who is a responsible adult for	157163
that recipient:	157164

(1) Nursing services available under the home health services	157165
benefit pursuant to 42 C.F.R. 440.70(b)(1);	157166

(2) Home health aide services available under the home health	157167
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	157168

(3) Private duty nursing services, as defined in 42 C.F.R.	157169
440.80.	157170

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	157171
Director shall establish the conditions under which Medicaid	157172
payments may be made for any of the services described in division	157173
(B) of this section that are provided to a Medicaid recipient by	157174
an individual who is a responsible adult for that recipient.	157175

(D) The Director shall adopt rules in accordance with Chapter	157176
119. of the Revised Code necessary to implement this section. The	157177
Director shall consult provider representatives, consumer	157178
representatives, and other stakeholders in developing the rules,	157179
which may include the following:	157180

(1) Qualification and training requirements necessary for	157181
responsible adults to receive Medicaid payments under division (C)	157182
of this section;	157183

(2) Oversight requirements necessary for responsible adults	157184
to receive Medicaid payments under division (C) of this section;	157185

(3) Procedures designed to protect against fraud, waste, and	157186
abuse that may occur as a result of payments made under division	157187
(C) of this section;	157188

(4) Any other procedures, standards, or requirements the	157189
Director considers appropriate.	157190

Section 323.234. DIRECT CARE WORKER ADVISORY WORKGROUP

157191

(A) As used in this section:

157192

(1) "Core competencies" means the minimum standards a direct	157193
care worker must meet when providing direct care services and	157194
engaging in any one or more of the following activities associated	157195
with care for a medicaid recipient: maintaining a clean and safe	157196
environment, ensuring recipient-centered care, promoting the	157197
recipient's development, assisting the recipient with activities	157198
of daily living, communicating with the recipient, completing	157199
administrative tasks, and participating in professional	157200
development activities.	157201

(2) "Direct care services" means health care services,	157202
ancillary services, or services related to or in support of the	157203
provision of health care or ancillary services.	157204

(3) "Direct care worker" means an individual who, for direct	157205
or indirect payment, provides direct care services to a medicaid	157206
recipient in the recipient's home or other place of residence.	157207

(4) "Direct payment" means a Medicaid payment made directly	157208
to a direct care worker for the worker's provision of direct care	157209
services to a Medicaid recipient.	157210

(5) "Indirect payment" means a Medicaid payment made to a	157211
third party who pays a direct care worker for the worker's	157212
provision of direct care services to a Medicaid recipient.	157213

(B) There is hereby created the Direct Care Worker Advisory	157214
Workgroup. The Workgroup shall consist of the following members:	157215

(1) The Director of Aging or the Director's designee;

157216

(2) The Director of Developmental Disabilities or the	157217
Director's designee;	157218

(3) The Director of Health or the Director's designee;

157219

(4) The Medicaid Director or the Director's designee;

157220

(5) The Executive Director of the Office of Health	157221
Transformation or the Executive Director's designee;	157222

(6) Two representatives from each of the following	157223
organizations, appointed by the organization's chief executive	157224
officer or the individual serving in an equivalent capacity for	157225
the organization:	157226

(a) The Ohio Council for Home Care and Hospice;

157227

(b) The Ohio Health Care Association;

157228

157229

(d) The Ohio Nurses Association;

157230

(e) The Midwest Care Alliance;

157231

(f) The Ohio Assisted Living Association;

157232

(g) LeadingAge Ohio.

157233

(7) Two members of the House of Representatives, one from the	157234
majority party and the other from the minority party, appointed by	157235
the Speaker of the House of Representatives;	157236

(8) Two members of the Senate, one from the majority party	157237
and the other from the minority party, appointed by the President	157238
of the Senate.	157239

(C) Members of the Workgroup shall be appointed not later	157240
than fifteen days after the effective date of this section.	157241
Vacancies shall be filled in the same manner as the original	157242
appointments. Each member shall serve without compensation or	157243
reimbursement for expenses incurred while serving on the	157244
Workgroup, except to the extent that serving on the Workgroup is	157245
considered to be among the member's employment duties.	157246

(D) The Executive Director of the Office of Health	157247
Transformation or the Executive Director's designee shall serve as	157248
chairperson of the Workgroup. The Departments of Health and	157249
Medicaid shall provide staff and other support services for the	157250
Workgroup.	157251

(E) The Workgroup shall do all of the following:

157252

(1) Determine core competencies;

157253

(2) Designate which direct care workers should meet core	157254
competencies;	157255

(3) Determine whether existing regulatory requirements are	157256
equivalent or similar to core competencies;	157257

(4) Identify funding sources that could be used to assist	157258
direct care workers in meeting core competencies;	157259

(5) Recommend policies that may be incorporated in	157260
legislation the General Assembly intends to consider, as described	157261
in division (G) of this section.	157262

(F) Not later than December 31, 2013, the Workgroup shall	157263
submit a report to the General Assembly describing its findings	157264
and recommendations. The report shall be submitted in accordance	157265
with section 101.68 of the Revised Code. On submission of the	157266
report, the Workgroup shall cease to exist.	157267

(G) It is the intent of the General Assembly to enact	157268
legislation in the future, taking into account the recommendations	157269
of the Workgroup, regarding certification of direct care workers	157270
and Medicaid payments for direct care services provided by those	157271
workers. The legislation is intended to do both of the following:	157272

(1) Require the Director of Health to establish, not later	157273
than October 1, 2014, a direct care worker certification program	157274
that applies to the workers designated by the Workgroup;	157275

(2) Prohibit the Department of Medicaid, beginning October 1,	157276
2015, from allowing a direct or indirect payment to be made for	157277
direct care services provided by a direct care worker to whom the	157278
certification program applies unless the worker is appropriately	157279
certified under that program.	157280

Section 323.236. PURCHASING STRATEGIES FOR CERTAIN SERVICES

157281

As used in this section, "custom wheelchair" has the same	157282
meaning as in section 5165.01 of the Revised Code.	157283

For the period beginning January 1, 2014, and ending June 30,	157284
2015, the Medicaid Director shall implement strategies for	157285
purchasing oxygen (other than emergency oxygen), resident	157286
transportation services, and custom wheelchairs for Medicaid	157287
recipients residing in nursing facilities. In implementing the	157288
purchasing strategies, the Director shall seek to achieve a more	157289
efficient allocation of resources and price and quality	157290
competition among providers of the goods and services. The	157291
Director shall consider one or more of the following when	157292
determining the purchasing strategies to implement:	157293

(A) Establishing competitive bidding;

157294

(B) Establishing manufacturers rebate programs;

157295

(C) Another purchasing strategy that saves the Medicaid	157296
program an amount equivalent to the savings that would be realized	157297
from the purchasing strategies specified in division (A) or (B),	157298
or both, of this section.	157299

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	157300
SERVICES	157301

(A) The Medicaid Director shall reduce the Medicaid payment	157302
rate for radiological services to which both of the following	157303
apply:	157304

(1) They are provided in a physician's office or an	157305
independent diagnostic testing facility;	157306

(2) They are provided more than once by the same provider for	157307
the same Medicaid recipient during the same session.	157308

(B) The Director shall adopt rules under section 5164.02 of	157309
the Revised Code to implement the rate reduction required by this	157310
section. The rules shall not take effect before January 1, 2014.	157311

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	157312
SERVICES DEPENDING ON LOCATION OF SERVICE	157313

(A) The Medicaid Director shall do both of the following:

157314

(1) Identify physician services for which Medicaid payment	157315
rates should vary depending on where the services are provided;	157316

(2) Adopt rules under section 5164.02 of the Revised Code to	157317
establish the varying Medicaid payment rates.	157318

(B) The rules required by division (A)(2) of this section	157319
shall not take effect before January 1, 2014.	157320

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

157321

The Medicaid payment rates for services provided under the	157322
PASSPORT program, other than adult day-care services, during the	157323
period beginning July 1, 2013, and ending June 30, 2015, shall be	157324
not less than ninety-eight and five-tenths per cent of the	157325
Medicaid payment rates for the services in effect on June 30,	157326
2011. The Medicaid payment rates for adult day-care services	157327
provided under the PASSPORT program during the period beginning	157328
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	157329
higher than the amount of the Medicaid payment rates for the	157330
services in effect on June 30, 2013.	157331

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	157332
MEDICARE PAYMENT METHODOLOGIES	157333

(A) The Medicaid Director shall do both of the following:

157334

(1) Identify Medicaid services for which the Medicaid payment	157335
methodologies should be aligned, to the extent the Director	157336
considers appropriate, with Medicare payment methodologies for the	157337
services;	157338

(2) Adopt rules under section 5164.02 of the Revised Code to	157339
so align the payment methodologies for the services.	157340

(B) The rules required by division (A)(2) of this section	157341
shall not take effect before January 1, 2014.	157342

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	157343
FACILITY SERVICES	157344

As used in this section, "Medicaid waiver component" has the	157345
same meaning as in section 5166.01 of the Revised Code.	157346

The Medicaid Director may establish, as a Medicaid waiver	157347
component, an alternative purchasing model for nursing facility	157348
services provided, during the period beginning July 1, 2013, and	157349
ending July 1, 2015, to Medicaid recipients with specialized	157350
health care needs, including recipients dependent on ventilators,	157351
recipients who have severe traumatic brain injury, and recipients	157352
who would be admitted to long-term acute care hospitals or	157353
rehabilitation hospitals if they did not receive nursing facility	157354
services. If established, the alternative purchasing model shall	157355
do all of the following:	157356

(A) Recognize a connection between enhanced Medicaid payment	157357
rates and improved health outcomes capable of being measured;	157358

(B) Include criteria for identifying Medicaid recipients with	157359
specialized health care needs;	157360

(C) Include procedures for ensuring that Medicaid recipients	157361
identified pursuant to division (B) of this section receive	157362
nursing facility services under the alternative purchasing model.	157363

The total per Medicaid day payment rate for nursing facility	157364
services provided under the alternative purchasing model may	157365
differ from the rate that would otherwise be paid pursuant to	157366
Chapter 5165. of the Revised Code.	157367

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	157368
EFFICIENCY AND INDIVIDUAL CARE	157369

(A) The Department of Medicaid may review the following	157370
services covered by the Medicaid program to identify opportunities	157371
to improve the efficiency of, and individual care provided by,	157372
long-term care services and supports:	157373

(1) Nursing services available under the home health services	157374
benefit pursuant to 42 C.F.R. 440.70(b)(1);	157375

(2) Home health aide services available under the home health	157376
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	157377

(3) Private duty nursing services as defined in 42 C.F.R.	157378
440.80.	157379

(B) The Department, in its review authorized by division (A)	157380
of this section, may consider establishing the following:	157381

(1) New methods for authorizing and coordinating long-term	157382
care services and supports, including such services and supports	157383
covered by the Medicaid state plan, using case managers or care	157384
coordinators;	157385

(2) Competency and training requirements for the case	157386
managers or care coordinators;	157387

(3) Other mechanisms for improving efficiency and individual	157388
care in the delivery of long-term care services and supports.	157389

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	157390
CARE	157391

(A) As used in this section:

157392

(1) "Dual eligible individual" has the same meaning as in	157393
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	157394
42 U.S.C. 1396n(h)(2)(B).	157395

(2) "Dual eligible integrated care demonstration project"	157396
means the demonstration project authorized by section 5164.91 of	157397
the Revised Code.	157398

(3) "Medicaid managed care organization" has the same meaning	157399
as in section 5167.01 of the Revised Code.	157400

(4) "Participant" means an individual participating in the	157401
dual eligible integrated care demonstration project.	157402

(B) For fiscal year 2014 and fiscal year 2015, the Department	157403
of Medicaid shall provide performance payments as provided under	157404
this section to Medicaid managed care organizations providing care	157405
under the Dual Eligible Integrated Care Demonstration Project.	157406

(C) If the Department implements the Dual Eligible Integrated	157407
Care Demonstration Project, and if participants receive care	157408
through Medicaid managed care organizations under the project, the	157409
Department shall, in consultation with the United States Centers	157410
for Medicare and Medicaid Services, do both of the following:	157411

(1) Develop quality measures designed specifically to	157412
determine the effectiveness of the health care and other services	157413
provided to participants by Medicaid managed care organizations;	157414

(2) Determine an amount to be withheld from the Medicaid	157415
premium payments paid to Medicaid managed care organizations for	157416
participants.	157417

(D)(1) For the purposes of division (C)(2) of this section,	157418
the Department shall establish an amount that is to be withheld	157419
each time a premium payment is made to a Medicaid managed care	157420
organization for a participant. The amount shall be established as	157421
a percentage of each premium payment. The percentage shall be the	157422
same for all Medicaid managed care organizations providing care to	157423
participants.	157424

(2) Each Medicaid managed care organization shall agree to	157425
the withholding as a condition of receiving or maintaining its	157426
Medicaid provider agreement with the Department.	157427

(3) When the amount is established and each time the amount	157428
is modified thereafter, the Department shall certify the amount to	157429
the Director of Budget and Management and begin withholding the	157430
amount from each premium the Department pays to a Medicaid managed	157431
care organization for a participant.	157432

(E) The Director of Budget and Management shall transfer the	157433
amounts certified in accordance with division (D) of this section	157434
into the Managed Care Performance Payment Fund created under	157435
section 5162.60 of the Revised Code. The amounts transferred may	157436
be used to make performance payments to Medicaid managed care	157437
organizations providing care to participants in accordance with	157438
rules that may be adopted by the Medicaid Director under Chapter	157439
119. of the Revised Code.	157440

(F) A Medicaid managed care organization subject to this	157441
section is not subject to section 5167.30 of the Revised Code for	157442
premium payments attributed to participants during fiscal year	157443
2014 and fiscal year 2015.	157444

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	157445
PAYMENT PROGRAM	157446

At the beginning of each quarter, or as soon as possible	157447
thereafter, the Medicaid Director may certify to the Director of	157448
Budget and Management the amount withheld in accordance with the	157449
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	157450
MANAGED CARE." On receipt of certification, the Director of Budget	157451
and Management shall transfer cash in the amount certified from	157452
the General Revenue Fund to the Managed Care Performance Payment	157453
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	157454
Appropriation item 651525, Medicaid/Health Care Services, is	157455
hereby reduced by the amount of the transfer.	157456

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

157457

(A) As used in this section:

157458

"Medicaid waiver component" has the same meaning as in	157459
section 5166.01 of the Revised Code.	157460

"Patient liability" means the amount that 42 C.F.R. 435.735	157461
requires be reduced from a Medicaid payment for home and	157462
community-based services available under a Medicaid waiver	157463
component.	157464

(B) The Medicaid Director may contract with a person or	157465
government entity to collect patient liabilities for fiscal year	157466
2014 and fiscal year 2015. The Director may adopt rules under	157467
section 5166.02 of the Revised Code as necessary to implement this	157468
section.	157469

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

157470

(A) As used in this section:

157471

"Federal poverty line" means the official poverty line	157472
defined by the United States Office of Management and Budget based	157473
on the most recent data available from the United States Bureau of	157474
the Census and revised by the United States Secretary of Health	157475
and Human Services pursuant to the "Omnibus Budget Reconciliation	157476
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	157477

"State plan home and community-based services" means home and	157478
community-based services that may be included in the Medicaid	157479
state plan pursuant to the "Social Security Act," section 1915(i),	157480
42 U.S.C. 1396n(i).	157481

(B) During fiscal year 2014 and fiscal year 2015, the	157482
Medicaid program may cover state plan home and community-based	157483
services for Medicaid recipients of any age who have behavioral	157484
health issues and countable incomes not exceeding one hundred	157485
fifty per cent of the federal poverty line. A Medicaid recipient	157486
is not required to undergo a level of care determination to be	157487
eligible for the state plan home and community-based services.	157488

The Medicaid Director may adopt rules under section 5164.02	157489
of the Revised Code as necessary to implement this section.	157490

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	157491
INDIVIDUALS UNDER AGE 21	157492

(A) As used in this section:

157493

"Inpatient psychiatric hospital services for individuals	157494
under age 21" has the same meaning as in the "Social Security	157495
Act," section 1905(h), 42 U.S.C. 1396d(h).	157496

"Psychiatric residential treatment facility" has the same	157497
meaning as in 42 C.F.R. 483.352.	157498

(B) During fiscal year 2014 and fiscal year 2015, the	157499
Medicaid program may cover inpatient psychiatric hospital services	157500
for individuals under age 21 that are provided by psychiatric	157501
residential treatment facilities to Medicaid recipients to whom	157502
both of the following apply:	157503

(1) They are in the custody of the Department of Youth	157504
Services.	157505

(2) They have been identified as meeting a clinical criterion	157506
of serious emotional disturbance specified pursuant to division	157507
(C) of this section.	157508

(C) The Department of Youth Services, in collaboration with	157509
the Department of Medicaid and Department of Mental Health and	157510
Addiction Services, shall specify the clinical criterion of	157511
serious emotional disturbance to be used for the purpose of	157512
division (B)(2) of this section.	157513

Section 323.350. MCD COLLABORATION WITH DVS

157514

The Department of Medicaid may collaborate with the	157515
Department of Veterans Services to determine ways to improve the	157516
coordination of the services that the Departments make available	157517
to veterans in a manner that enhances veterans' receipt of the	157518
services. The Departments may implement, during fiscal year 2014	157519
and fiscal year 2015, initiatives that they determine during the	157520
collaboration will maximize the efficiency of the services and	157521
ensure that veterans' needs are met.	157522

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

157523

(A) The Medicaid Director may develop and implement, during	157524
fiscal year 2014 and fiscal year 2015, initiatives designed to	157525
improve birth outcomes for Medicaid recipients, including	157526
improvements designed to do the following:	157527

(1) Reduce the number of preterm births;

157528

(2) Reduce Medicaid costs;

157529

(3) Improve the quality of Medicaid services.

157530

(B) In developing the initiatives, the Director may consult	157531
with experts in practice improvement, Medicaid managed care	157532
organizations, hospitals, and other types of Medicaid providers.	157533
The Director, Medicaid managed care organizations, and other types	157534
of Medicaid providers involved in the initiatives shall make	157535
information about the initiatives available on their web sites.	157536

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	157537
FUND	157538

On July 1, 2013, or as soon as possible thereafter, the	157539
Director of Budget and Management shall transfer the cash balance	157540
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	157541
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	157542
completion of the transfer, Fund 5P50 is abolished. The Director	157543
shall cancel any existing encumbrances against appropriation item	157544
600692, Health Care/Medicaid Support – Drug Rebates, and	157545
reestablish them against appropriation item 651639, Medicaid	157546
Services - Recoveries. The re-established encumbrance amounts are	157547
hereby appropriated.	157548

All money that would have been deposited into the	157549
Prescription Drug Rebates Fund shall be deposited into the Health	157550
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	157551
and fiscal year 2015.	157552

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	157553
FUND	157554

On July 1, 2013, or as soon as possible thereafter, the	157555
Medicaid Director shall certify to the Director of Budget and	157556
Management, the cash balance related to managed care obligations	157557
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	157558
Budget and Management shall transfer the amount certified from	157559
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	157560
5KW0). The Director shall cancel any existing encumbrances related	157561
to managed care obligations against appropriation item 600625,	157562
Healthcare Compliance, and re-establish them against appropriation	157563
item 651612, Managed Care Performance Payment. The re-established	157564
encumbrance amounts are hereby appropriated.	157565

After the cash relating to managed care obligations has been	157566
transferred, the Director of Budget and Management shall transfer	157567
the remaining cash balance in the Healthcare Compliance Fund (Fund	157568
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	157569
Upon completion of the transfer, Fund 4Z10 is abolished. The	157570
Director shall cancel any remaining encumbrances against	157571
appropriation item 600625, Healthcare Compliance, and re-establish	157572
them against appropriation item 651654, Medicaid Program Support.	157573
The re-established encumbrance amounts are hereby appropriated.	157574

All money that would have been deposited into the Health Care	157575
Compliance Fund pursuant to division (B)(2) of former section	157576
5111.946 of the Revised Code shall be deposited into the Health	157577
Care Services Administration Fund during fiscal year 2014 and	157578
fiscal year 2015.	157579

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	157580
OVERSIGHT FUND	157581

On July 1, 2013, or as soon as possible thereafter, the	157582
Director of Budget and Management shall transfer the cash balance	157583
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	157584
Health Care Services Administration Fund (Fund 5U30). Upon	157585
completion of the transfer, Fund 5S30 is abolished. The Director	157586
shall cancel any existing encumbrances against appropriation item	157587
600629, Healthcare Program and DDD Support, and re-establish them	157588
against appropriation item 651654, Medicaid Program Support. The	157589
re-established encumbrance amounts are hereby appropriated.	157590

Section 323.400. REFUNDS AND RECONCILIATION FUND

157591

The Refunds and Reconciliation Fund (Fund R055) shall be used	157592
to hold refund and reconciliation revenues until the appropriate	157593
fund is determined or until the revenues are directed to the	157594
appropriate governmental agency other than the Department of	157595
Medicaid. Any Medicaid refunds or reconciliations received or held	157596
by the Department of Job and Family Services shall be transferred	157597
or credited to this fund. If receipts credited to the Refunds and	157598
Reconciliation Fund exceed the amounts appropriated from the fund,	157599
the Medicaid Director may request the Director of Budget and	157600
Management to authorize expenditures from the fund in excess of	157601
the amounts appropriated. Upon approval of the Director of Budget	157602
and Management, the additional amounts are hereby appropriated.	157603

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	157604
JANUARY 1, 2014	157605

Notwithstanding the amendments by this act to sections	157606
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	157607
(as renumbered as section 5163.02) and the repeal by this act of	157608
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	157609
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	157610
and 5111.0125 of the Revised Code, no individual eligible for	157611
Medicaid pursuant to those sections shall lose Medicaid	157612
eligibility before January 1, 2014, because of the amendments to,	157613
or repeal of, those sections. This section does not preclude an	157614
individual from losing Medicaid eligibility before January 1,	157615
2014, if the individual would cease to be Medicaid eligible before	157616
that date for reasons unrelated to the amendments to, or repeal	157617
of, those sections. Unrelated reasons include acquiring income or	157618
assets exceeding eligibility limits and failure to comply with	157619
eligibility requirements.	157620

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	157621
MEDICAID ELIGIBILITY GROUPS	157622

The Medicaid Director may initiate, before January 1, 2014,	157623
the rule-making process to alter the eligibility requirements for,	157624
or to eliminate, one or more Medicaid optional eligibility groups	157625
or subgroups pursuant to section 5163.06 of the Revised Code.	157626
However, none of the rules may go into effect before that date.	157627

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

157628

As used in this section, "authorizing statute" means a	157629
Revised Code section or provision of a Revised Code section that	157630
is cited in the Ohio Administrative Code as the statute that	157631
authorizes the adoption of a rule.	157632

The Medicaid Director is not required to amend any rule for	157633
the sole purpose of updating the citation in the Ohio	157634
Administrative Code to the rule's authorizing statute to reflect	157635
that this act renumbers the authorizing statute or relocates it to	157636
another Revised Code section. Such citations shall be updated as	157637
the Director amends the rules for other purposes.	157638

Section 325.10. MED STATE MEDICAL BOARD

157639

General Services Fund Group	157640

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	157641
TOTAL GSF General Services							157642
Fund Group			$	9,172,062	$	9,172,062	157643
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	157644

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	157646
SERVICES	157647

General Revenue Fund	157648

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	157649
GRF	333402	Resident Trainees	$	450,000	$	450,000	157650
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	157651
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	157652
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	157653
GRF	334506	Court Costs	$	784,210	$	784,210	157654
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	157655
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	157656
GRF	335421	Continuum of Care Services	$	77,318,546	$	77,718,546	157657
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	157658
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	157659
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	157660
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	157661
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	157662
TOTAL GRF General Revenue Fund			$	364,130,813	$	364,764,213	157663

General Services Fund Group	157664

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	157665
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	157666
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	157667
1500	334620	Special Education	$	150,000	$	150,000	157668
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	157669
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	157670
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	157671
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	157672

Federal Special Revenue Fund Group	157673

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	157674
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	157675
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	157676
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	157677
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	157678
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	157679
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	157680
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	157681
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	157682
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	157683
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	157684
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	157685
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	157686
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	157687
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	157688
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	157689
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	157690
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	157691
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	157692
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	157693
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	157694
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	157695

State Special Revenue Fund Group	157696

2320	333621	Family and Children First Administration	$	400,000	$	400,000	157697
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	157698
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	157699
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	157700
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	157701
6890	333640	Education and Conferences	$	150,000	$	150,000	157702
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	157703
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	157704
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	157705
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	157706
6320	335616	Community Capital Replacement	$	350,000	$	350,000	157707
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	157708
TOTAL ALL BUDGET FUND GROUPS			$	693,356,442	$	686,005,806	157709

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	157711
DEPARTMENTS	157712

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	157713
Revised Code, and any other provision of law to the contrary, on	157714
July 1, 2013, there is hereby created the Department of Mental	157715
Health and Addiction Services, which shall be administered by the	157716
Director of Mental Health and Addiction Services. The Director of	157717
Mental Health and Addiction Services shall be appointed by the	157718
Governor, with the advice and consent of the Senate, and shall	157719
hold office during the term of the appointing Governor, and is	157720
subject to removal at the pleasure of the Governor. The Director	157721
of Mental Health and Addiction Services is the executive head of	157722
the Department of Mental Health and Addiction Services. The	157723
Department of Alcohol and Drug Addiction Services and the	157724
Department of Mental Health shall be consolidated into the single	157725
Department of Mental Health and Addiction Services. All of the	157726
authority, functions, and assets and liabilities of the Department	157727
of Mental Health and the Department of Alcohol and Drug Addiction	157728
Services are transferred to the Department of Mental Health and	157729
Addiction Services. The Department of Mental Health and Addiction	157730
Services is thereupon and thereafter successor to, assumes the	157731
obligations of, and otherwise constitutes the continuation of the	157732
Department of Alcohol and Drug Addiction Services and the	157733
Department of Mental Health. The Director of Mental Health and	157734
Addiction Services assumes all of the duties, authorities, and	157735
responsibilities of the Director of Alcohol and Drug Addiction	157736
Services and the Director of Mental Health. Any action, license,	157737
or certification that was undertaken or issued by the Director of	157738
Alcohol and Drug Addiction Services or the Director of Mental	157739
Health that is current and valid on the effective date of the	157740
consolidation is deemed to be an action, license, or certification	157741
undertaken or issued by the Department of Mental Health and	157742
Addiction Services under the statute creating that Department.	157743

Any business commenced but not completed by July 1, 2013, by	157744
the Department of Mental Health or the Department of Alcohol and	157745
Drug Addiction Services shall be completed by the Department of	157746
Mental Health and Addiction Services. The business shall be	157747
completed in the same manner, and with the same effect, as if	157748
completed by the Department of Mental Health or by the Department	157749
of Alcohol and Drug Addiction Services prior to July 1, 2013.	157750

No validation, cure, right, privilege, remedy, obligation, or	157751
liability is lost or impaired by reason of this act's transfer of	157752
responsibility from the Department of Mental Health and the	157753
Department of Alcohol and Drug Addiction Services to the	157754
Department of Mental Health and Addiction Services. Each such	157755
validation, cure, right, remedy, obligation, or liability shall be	157756
administered by the Department of Mental Health and Addiction	157757
Services pursuant to the statute creating that department.	157758

All rules, orders, and determinations made or undertaken	157759
pursuant to the authority and responsibilities of the Department	157760
of Mental Health and the Department of Alcohol and Drug Addiction	157761
Services prior to July 1, 2013, shall continue in effect as rules,	157762
orders, and determinations of the Department of Mental Health and	157763
Addiction Services until modified or rescinded by the Department	157764
of Mental Health and Addiction Services. If necessary to ensure	157765
the integrity of the numbering system of the Administrative Code,	157766
the Director of the Legislative Service Commission shall renumber	157767
the rules to reflect the transfer of authority and responsibility	157768
to the Department of Mental Health and Addiction Services.	157769

Any action or proceeding that is related to the functions or	157770
duties of the Department of Mental Health or the Department of	157771
Alcohol and Drug Addiction Services pending on July 1, 2013, is	157772
not affected by the transfer of responsibility to the Department	157773
of Mental Health and Addiction Services and shall be prosecuted or	157774
defended in the name of the Department of Mental Health and	157775
Addiction Services. In all such actions and proceedings, the	157776
Department of Mental Health and Addiction Services, on application	157777
to the court, shall be substituted as a party.	157778

It is the intention of the Department of Mental Health and	157779
Addiction Services that community subsidies allocated or	157780
distributed by the department will be used to fund mental health	157781
and addiction services in largely the same proportion that such	157782
services were funded when allocated or distributed as separate	157783
funding streams through the separate Department of Mental Health	157784
or Department of Alcohol and Drug Addiction Services.	157785

All employees of the Department of Mental Health and the	157786
Department of Alcohol and Drug Addiction Services shall be	157787
employees of the Department of Mental Health and Addiction	157788
Services and shall serve in the positions previously held within	157789
their respective agencies unless the Department of Mental Health	157790
and Addiction Services determines otherwise. The merger of	157791
Department of Mental Health and Department of Alcohol and Drug	157792
Addiction Services shall not be deemed a transfer of employees	157793
pursuant to division (D)(3)(b) of section 124.11 of the Revised	157794
Code. Any unclassified employee of the Department of Mental Health	157795
and Addiction Services who held a right to resume a position	157796
within the classified service of his or her previous respective	157797
agency of the Department of Mental Health or the Department of	157798
Alcohol and Drug Addiction Services shall retain such a right	157799
subject to section 5119.18 of the Revised Code as may be amended.	157800

On July 1, 2013, or as soon as possible thereafter,	157801
notwithstanding any provision of law to the contrary, and if	157802
requested by the Department of Mental Health and Addiction	157803
Services, the Director of Budget and Management shall make budget	157804
changes made necessary by the consolidation, if any, including	157805
administrative organization, program transfers, the creation of	157806
new funds, the transfer of state funds, and the consolidation of	157807
funds, as authorized by this section. The Director of Budget and	157808
Management may make any transfer of cash balances between funds.	157809

On July 1, 2013, or as soon as possible thereafter, the	157810
Director of Mental Health and Addiction Services shall certify to	157811
the Director of Budget and Management all encumbrances held by the	157812
Department of Mental Health and the Department of Alcohol and Drug	157813
Addiction Services, and specify which of those encumbrances are	157814
requested to be transferred to the Department of Mental Health and	157815
Addiction Services. The Director of Budget and Management may	157816
cancel any existing encumbrances as certified by the Director of	157817
Mental Health and Addiction Services and re-establish them in the	157818
new agency. The re-established encumbrance amounts are hereby	157819
appropriated. Any business commenced but not completed with regard	157820
to the encumbrances certified shall be completed by the Department	157821
of Mental Health and Addiction Services in the same manner and	157822
with the same effect as if it were completed by the Department of	157823
Mental Health or the Department of Alcohol and Drug Addiction	157824
Services.	157825

Not later than 30 days after the transfer and consolidation	157826
of the operations and related management functions of the	157827
Department of Mental Health and the Department of Alcohol and Drug	157828
Addiction Services to the Department of Mental Health and	157829
Addiction Services, an authorized officer of the former Department	157830
of Mental Health and the former Department of Alcohol and Drug	157831
Addiction Services shall certify to the Director of Mental Health	157832
and Addiction Services the unexpended balance and location of any	157833
funds and accounts designated for building and facility operation	157834
and management functions, and the custody of such funds and	157835
accounts shall be transferred to the Department of Mental Health	157836
and Addiction Services.	157837

Effective July 1, 2013, the Director of Budget and Management	157838
shall cancel any existing encumbrances against appropriation item	157839
038616, Problem Gambling Services, and re-establish them against	157840
appropriation items 333641, Problem Gambling Services -	157841
Administration, and 335641, Problem Gambling Services. The	157842
re-established encumbrance amounts are hereby appropriated. Any	157843
business commenced but not completed under appropriation item	157844
038616 by July 1, 2013, shall be completed under appropriation	157845
items 333641 and 335641 in the same manner and with the same	157846
effect as if it were completed with regard to appropriation item	157847
038616.	157848

Effective July 1, 2013, the Director of Budget and Management	157849
shall cancel any existing encumbrances against appropriation item	157850
038614, Substance Abuse Block Grant, and re-establish them against	157851
appropriation items 333618, Substance Abuse Block Grant -	157852
Administration, and 335618, Substance Abuse Block Grant. The	157853
re-established encumbrance amounts are hereby appropriated. Any	157854
business commenced but not completed under appropriation item	157855
038614 by July 1, 2013, shall be completed under appropriation	157856
items 333618 and 335618 in the same manner and with the same	157857
effect as if it were completed with regard to appropriation item	157858
038614.	157859

Effective July 1, 2013, the Director of Budget and Management	157860
shall cancel any existing encumbrances against appropriation item	157861
038609, Demonstration Grants, and re-establish them against	157862
appropriation items 333606, Demonstration Grants - Administration,	157863
and 335606, Demonstration Grants. The re-established encumbrance	157864
amounts are hereby appropriated. Any business commenced but not	157865
completed under appropriation item 038609 by July 1, 2013, shall	157866
be completed under appropriation items 333606 and 335606 in the	157867
same manner and with the same effect as if it were completed with	157868
regard to appropriation item 038609.	157869

Effective July 1, 2013, the Director of Budget and Management	157870
shall cancel any existing encumbrances against appropriation item	157871
038621, Statewide Treatment and Prevention, and re-establish them	157872
against appropriation items 333623, Statewide Treatment and	157873
Prevention - Administration, and 335623, Statewide Treatment and	157874
Prevention. The re-established encumbrance amounts are hereby	157875
appropriated. Any business commenced but not completed under	157876
appropriation item 038621 by July 1, 2013, shall be completed	157877
under appropriation items 333623 and 335623 in the same manner and	157878
with the same effect as if it were completed with regard to	157879
appropriation item 038621.	157880

Effective July 1, 2013, the Director of Budget and Management	157881
shall cancel any existing encumbrances against appropriation item	157882
038629, Problem Gambling and Casino Addictions, and re-establish	157883
them against appropriation items 333629, Problem Gambling and	157884
Casino Addictions - Administration, and 335629, Problem Gambling	157885
and Casino Addictions. The re-established encumbrance amounts are	157886
hereby appropriated. Any business commenced but not completed	157887
under appropriation item 038629 by July 1, 2013, shall be	157888
completed under appropriation items 333629 and 335629 in the same	157889
manner and with the same effect as if it were completed with	157890
regard to appropriation item 038629.	157891

Effective July 1, 2013, the Director of Budget and Management	157892
shall cancel any existing encumbrances against appropriation item	157893
038611, Administrative Reimbursement, and re-establish them	157894
against appropriation item 333639, Administrative Reimbursement.	157895
The re-established encumbrance amounts are hereby appropriated.	157896
Any business commenced but not completed under appropriation item	157897
038611 by July 1, 2013, shall be completed under appropriation	157898
item 333639 in the same manner and with the same effect as if it	157899
were completed with regard to appropriation item 038611.	157900

Effective July 1, 2013, the Director of Budget and Management	157901
shall cancel any existing encumbrances against appropriation item	157902
335635, Community Medicaid Expansion, and re-establish them	157903
against appropriation item 652635, Community Medicaid Legacy	157904
Costs. The re-established encumbrance amounts are hereby	157905
appropriated. Any business commenced but not completed under	157906
appropriation item 335635 by July 1, 2013, shall be completed	157907
under appropriation item 652635 in the same manner and with the	157908
same effect as if it were completed with regard to appropriation	157909
item 335635.	157910

Effective July 1, 2013, the Director of Budget and Management	157911
shall cancel any existing encumbrances against appropriation item	157912
333635, Community Medicaid Expansion, and re-establish them	157913
against appropriation item 652636, Community Medicaid Legacy	157914
Support. The re-established encumbrance amounts are hereby	157915
appropriated. Any business commenced but not completed under	157916
appropriation item 333635 by July 1, 2013, shall be completed	157917
under appropriation item 652636 in the same manner and with the	157918
same effect as if it were completed with regard to appropriation	157919
item 333635.	157920

Effective July 1, 2013, the Director of Budget and Management	157921
shall cancel any existing encumbrances against appropriation item	157922
038610, Medicaid, and re-establish them against appropriation item	157923
652609, Medicaid Legacy Costs Support. The re-established	157924
encumbrance amounts are hereby appropriated. Any business	157925
commenced but not completed under appropriation item 038610 by	157926
July 1, 2013, shall be completed under appropriation item 652609	157927
in the same manner and with the same effect as if it were	157928
completed with regard to appropriation item 038610.	157929

Effective July 1, 2013, the Director of Budget and Management	157930
shall cancel any existing encumbrances against appropriation item	157931
038604, Education and Conferences, and re-establish them against	157932
appropriation item 333640, Education and Conferences. The	157933
re-established encumbrance amounts are hereby appropriated. Any	157934
business commenced but not completed under appropriation item	157935
038604 by July 1, 2013, shall be completed under appropriation	157936
item 333640 in the same manner and with the same effect as if it	157937
were completed with regard to appropriation item 038604.	157938

Effective July 1, 2013, the Director of Budget and Management	157939
shall cancel any existing encumbrances against appropriation item	157940
038401, Treatment Services, and re-establish them against	157941
appropriation items 335421, Continuum of Care Services, 335422,	157942
Criminal Justice Services, and 335406, Prevention and Wellness.	157943
The re-established encumbrance amounts are hereby appropriated.	157944
Any business commenced but not completed under appropriation item	157945
038401 by July 1, 2013, shall be completed under appropriation	157946
items 335421, 335422, and 335406 in the same manner and with the	157947
same effect as if it were completed with regard to appropriation	157948
item 038401.	157949

Effective July 1, 2013, the Director of Budget and Management	157950
shall cancel any existing encumbrances against appropriation item	157951
335419, Community Medication Subsidy, and re-establish them	157952
against appropriation item 335421, Continuum of Care Services. The	157953
re-established encumbrance amounts are hereby appropriated. Any	157954
business commenced but not completed under appropriation item	157955
335419 by July 1, 2013, shall be completed under appropriation	157956
item 335421 in the same manner and with the same effect as if it	157957
were completed with regard to appropriation item 335419.	157958

Effective July 1, 2013, the Director of Budget and Management	157959
shall cancel any existing encumbrances against appropriation item	157960
335505, Local Mental Health Systems of Care, and re-establish them	157961
against appropriation item 335421, Continuum of Care Services. The	157962
re-established encumbrance amounts are hereby appropriated. Any	157963
business commenced but not completed under appropriation item	157964
335505 by July 1, 2013, shall be completed under appropriation	157965
item 335421 in the same manner and with the same effect as if it	157966
were completed with regard to appropriation item 335505.	157967

Effective July 1, 2013, the Director of Budget and Management	157968
shall cancel any existing encumbrances against appropriation item	157969
332401, Forensic Services, and re-establish them against	157970
appropriation item 335422, Criminal Justice Services. The	157971
re-established encumbrance amounts are hereby appropriated. Any	157972
business commenced but not completed under appropriation item	157973
332401 by July 1, 2013, shall be completed under appropriation	157974
item 335422 in the same manner and with the same effect as if it	157975
were completed with regard to appropriation item 332401.	157976

Effective July 1, 2013, the Director of Budget and Management	157977
shall cancel any existing encumbrances against appropriation item	157978
333403, Pre-Admission Screening Expenses, and re-establish them	157979
against appropriation item 652507, Medicaid Support. The	157980
re-established encumbrance amounts are hereby appropriated. Any	157981
business commenced but not completed under appropriation item	157982
333403 by July 1, 2013, shall be completed under appropriation	157983
item 652507 in the same manner and with the same effect as if it	157984
were completed with regard to appropriation item 333403.	157985

Effective July 1, 2013, the Director of Budget and Management	157986
shall cancel any existing encumbrances against appropriation item	157987
038900, Indigent Drivers Alcohol Treatment, and re-establish them	157988
against appropriation item 335900, Indigent Drivers Alcohol	157989
Treatment. The re-established encumbrance amounts are hereby	157990
appropriated. Any business commenced but not completed under	157991
appropriation item 038900 by July 1, 2013, shall be completed	157992
under appropriation item 335900 in the same manner and with the	157993
same effect as if it were completed with regard to appropriation	157994
item 038900.	157995

Effective July 1, 2013, the Director of Budget and Management	157996
shall cancel any existing encumbrances against appropriation item	157997
038404, Prevention Services, and re-establish them against	157998
appropriation item 335406, Prevention and Wellness. The	157999
re-established encumbrance amounts are hereby appropriated. Any	158000
business commenced but not completed under appropriation item	158001
038404 by July 1, 2013, shall be completed under appropriation	158002
item 335406 in the same manner and with the same effect as if it	158003
were completed with regard to appropriation item 038404.	158004

Section 327.20.10. Effective July 1, 2013, the Director of	158005
Mental Health and Addiction Services, with respect to all mental	158006
health and addiction facilities and services established and	158007
operated or provided under Chapter 340. of the Revised Code shall	158008
do all of the following:	158009

(A) To the extent the Director determines necessary, and	158010
after consultation with the boards of alcohol, drug addiction, and	158011
mental health services, develop and operate, or contract for the	158012
operation of, a community behavioral health information system or	158013
systems, and shall specify the information that must be provided	158014
by boards of alcohol, drug addiction, and mental health services	158015
for inclusion in the system or systems, which may include	158016
information on services provided in whole or in part under	158017
contract with a board, financial information regarding	158018
expenditures of federal, state, or local funds by boards, and	158019
information about persons served under contract with a board.	158020

(B)(1) Receive and review each board's community mental	158021
health and addiction services plan, budget, and statement of	158022
services to be made available, and approve or disapprove the plan,	158023
budget, and statement of services in whole or in part.	158024

(2) The Department may withhold all or part of the funds	158025
allocated to a board if it disapproves all or part of a plan,	158026
budget, or statement of service.	158027

(3) Prior to a final decision to disapprove a plan, budget,	158028
or statement of services, or to withhold funds from a board, a	158029
representative of the Director shall meet with the board to	158030
discuss the reasons for the action and any corrective action that	158031
should be taken to make the plan, budget, or statement of services	158032
acceptable, and give the board a reasonable time in which to	158033
revise the plan, budget, or statement of services.	158034

(C) Establish procedures for the review of plans, budgets,	158035
and statements of services, and a timetable for submission and	158036
review. Boards of alcohol, drug addiction, and mental health	158037
services shall submit to the Department of Mental Health and	158038
Addiction Services the information, plans, budgets, and statements	158039
of services described above in accordance with the guidance or	158040
directives of the Department or Director. After notifying and	158041
consulting with relevant constituents, the Department of Mental	158042
Health and Addiction Services shall establish a methodology for	158043
allocating to boards of alcohol, drug addiction, and mental health	158044
services the funds appropriated by the General Assembly to the	158045
Department for the purpose of local mental health and addiction	158046
services continuums of care. Subject to existing provisions of law	158047
that permit the Director to withhold funds from boards of alcohol,	158048
drug addiction, and mental health services for failure to comply	158049
with applicable sections of law, or for discriminating in making	158050
services available, and subject to a board's submission and	158051
approval of the required plan, budget, and statement of services	158052
described above, the Department shall allocate the funds to the	158053
boards in a manner consistent with the methodology and state and	158054
federal laws, rules, and regulations.	158055

Portions of appropriation items 333609, Central Office	158056
Operating, 333606, Demonstration Grants - Administration, 333612,	158057
Social Services Block Grant - Administration, 333613, Federal	158058
Grants - Administration, 333614, Mental Health Block Grant -	158059
Administration, 333618, Substance Abuse Block Grant -	158060
Administration, 333623, Statewide Treatment and Prevention -	158061
Administration, 333629, Problem Gambling and Casino Addictions -	158062
Administration, 333608, Federal Miscellaneous - Administration,	158063
333641, Problem Gambling Services - Administration, 335406,	158064
Prevention and Wellness, 335421, Continuum of Care Services,	158065
335422, Criminal Justice Services, 335604, Community Mental Health	158066
Projects, 335606, Demonstration Grants, 335612, Social Services	158067
Block Grant, 335613, Federal Grant - Community Mental Health	158068
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	158069
Health Care, 335618, Substance Abuse Block Grant, 335623,	158070
Statewide Treatment and Prevention, 335629, Problem Gambling and	158071
Casino Addictions, 335638, Race to the Top - Early Learning	158072
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	158073
may be used to pay for the Department and board functions	158074
enumerated above.	158075

Section 327.20.20. (A) Effective July 1, 2013, all records	158076
and reports, other than court journal entries or court docket	158077
entries, identifying a person and pertaining to the person's	158078
mental health condition, assessment, provision of care or	158079
treatment, or payment for assessment, care, or treatment that are	158080
maintained in connection with any services certified by the	158081
Department of Mental Health and Addiction Services, or any	158082
hospitals or facilities licensed or operated by the Department,	158083
shall be kept confidential and shall not be disclosed by any	158084
person, with the following exceptions:	158085

(1) If the person identified, or the person's legal guardian,	158086
if any, or if the person is a minor, the person's parent or legal	158087
guardian, consents.	158088

(2) When disclosure is provided for in Chapters 340., 5119.,	158089
or 5122., or in Title 47 of the Revised Code.	158090

(3) Hospitals, boards of alcohol, drug addiction, and mental	158091
health services, licensed facilities, and community mental health	158092
services providers may release necessary information to insurers	158093
and other third-party payers, including government entities	158094
responsible for processing and authorizing payment, to obtain	158095
payment for goods and services furnished to the person.	158096

(4) Pursuant to a court order signed by a judge;

158097

(5) A person shall be granted access to the person's own	158098
psychiatric and medical records unless access specifically is	158099
restricted in a person's treatment plan for clear treatment	158100
reasons.	158101

(6) The Department of Mental Health and Addiction Services	158102
may exchange psychiatric records and other pertinent information	158103
with community mental health services providers and boards of	158104
alcohol, drug addiction, and mental health services relating to	158105
the person's care or services. Records and information that may be	158106
exchanged pursuant to this division shall be limited to medication	158107
history, physical health status and history, financial status,	158108
summary of course of treatment, summary of treatment needs, and a	158109
discharge summary, if any.	158110

(7) The Department of Mental Health and Addiction Services,	158111
hospitals, and community providers operated by the Department,	158112
hospitals licensed by the Department under section 5119.20	158113
(5119.33) of the Revised Code and community mental health services	158114
providers may exchange psychiatric records and other pertinent	158115
information with payers and other providers of treatment and	158116
health services if the purpose of the exchange is to facilitate	158117
continuity of care for the person or for the emergency treatment	158118
of the person.	158119

(8) The Department of Mental Health and Addiction Services	158120
and community mental health services providers may exchange	158121
psychiatric records and other pertinent information with boards of	158122
alcohol, drug addiction, and mental health services for purposes	158123
of any board function set forth in Chapter 340. of the Revised	158124
Code. Boards of alcohol, drug addiction, and mental health	158125
services shall not access or use any personal information from the	158126
Department or providers except as required or permitted by this	158127
section, or Chapters 340. and 5122. of the Revised Code for	158128
purposes related to payment, care coordination, health care	158129
operations, program and service evaluation, reporting activities,	158130
research, system administration, oversight, or other authorized	158131
purposes.	158132

(9) A person's family member who is involved in the	158133
provision, planning, and monitoring of services to the person may	158134
receive medication information, a summary of the person's	158135
diagnosis and prognosis, and a list of the services and personnel	158136
available to assist the person and the person's family, if the	158137
person's treatment provider determines that the disclosure would	158138
be in the best interests of the person. No such disclosure shall	158139
be made unless the person is notified first and receives the	158140
information and does not object to the disclosure.	158141

(10) Community mental health services providers may exchange	158142
psychiatric records and certain other information with the board	158143
of alcohol, drug addiction, and mental health services and other	158144
providers in order to provide services to a person involuntarily	158145
committed to a board. Release of records under this division shall	158146
be limited to medication history, physical health status and	158147
history, financial status, summary of course of treatment, summary	158148
of treatment needs, and discharge summary, if any.	158149

(11) Information may be disclosed to the executor or the	158150
administrator of an estate of a deceased person when the	158151
information is necessary to administer the estate.	158152

(12) Information may be disclosed to staff members of the	158153
appropriate board or to staff members designated by the Director	158154
of Mental Health and Addiction Services for the purpose of	158155
evaluating the quality, effectiveness, and efficiency of services	158156
and determining if the services meet minimum standards.	158157
Information obtained during such evaluations shall not be retained	158158
with the name of any person.	158159

(13) Records pertaining to the person's diagnosis, course of	158160
treatment, treatment needs, and prognosis shall be disclosed and	158161
released to the appropriate prosecuting attorney if the person was	158162
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	158163
or 2945.402 of the Revised Code, or to the attorney designated by	158164
the board for proceedings pursuant to involuntary commitment under	158165
Chapter 5122. of the Revised Code.	158166

(14) The Department of Mental Health and Addiction Services	158167
may exchange psychiatric hospitalization records, other mental	158168
health treatment records, and other pertinent information with the	158169
Department of Rehabilitation and Correction and with the	158170
Department of Youth Services to ensure continuity of care for	158171
inmates and offenders who are receiving mental health services in	158172
an institution of the Department of Rehabilitation and Correction	158173
or the Department of Youth Services and may exchange psychiatric	158174
hospitalization records, other mental health treatment records,	158175
and other pertinent information with boards of alcohol, drug	158176
addiction, and mental health services and community mental health	158177
services providers to ensure continuity of care for inmates or	158178
offenders who are receiving mental health services in an	158179
institution and are scheduled for release within six months. The	158180
release of records under this division is limited to records	158181
regarding an inmate's or offender's medication history, physical	158182
health status and history, summary of course of treatment, summary	158183
of treatment needs, and a discharge summary, if any.	158184

(15) A community mental health services provider that ceases	158185
to operate may transfer to either a community mental health	158186
services provider that assumes its caseload or to the board of	158187
alcohol, drug addiction, and mental health services of the service	158188
district in which the person resided at the time services were	158189
most recently provided any treatment records that have not been	158190
transferred elsewhere at the person's request.	158191

(B) Before records are disclosed pursuant to divisions	158192
(A)(3), (6), or (10) of this section, the custodian of the records	158193
shall attempt to obtain the consent of the person in question for	158194
the disclosure.	158195

(C) No person shall reveal the content of a medical record of	158196
a person except as authorized by the law.	158197

(D) Portions of appropriation items 333321, Central	158198
Administration, 333416, Research Program Evaluation, 333605,	158199
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	158200
Administration, 333608, Federal Miscellaneous - Administration,	158201
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	158202
333612, Social Services Block Grant - Administration, 333613,	158203
Federal Grants - Administration, 333614, Mental Health Block Grant	158204
- Administration, 333618, Substance Abuse Block Grant -	158205
Administration, 333621, Family and Children First Administration,	158206
333623, Statewide Treatment and Prevention - Administration,	158207
333629, Problem Gambling and Casino Addictions - Administration,	158208
333632, Mental Health Operating - Refunds, 333608, Federal	158209
Miscellaneous - Administration, 333640, Education and Conferences,	158210
333641, Problem Gambling Services - Administration, 333639,	158211
Administrative Reimbursement, 334605, Medicaid/Medicare -	158212
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	158213
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	158214
334620, Special Education, 334632, Mental Health Operating -	158215
Hospitals, 335405, Family and Children First, 335406, Prevention	158216
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	158217
Justice Services, 335604, Community Mental Health Projects,	158218
335506, Residential State Supplement, 335608, Federal	158219
Miscellaneous, 335606, Demonstration Grants, 335612, Social	158220
Services Block Grant, 335613, Federal Grant - Community Mental	158221
Health Subsidy, 335614, Mental Health Block Grant, 335615,	158222
Behavioral Health Care, 335618, Substance Abuse Block Grant,	158223
335623, Statewide Treatment and Prevention, 335629, Problem	158224
Gambling and Casino Addictions, 335638, Race to the Top - Early	158225
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	158226
Treatment, 336601, Office of Support Services, 652609, Medicaid	158227
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	158228
652636, Community Medicaid Legacy Support, may be used to pay for	158229
the Department and community mental health system functions that	158230
operate under the confidentiality provisions enumerated above.	158231

Section 327.20.30. Effective July 1, 2013, the Director of	158232
Mental Health and Addiction Services may adopt rules pursuant to	158233
Chapter 119. of the Revised Code governing licensure and operation	158234
of residential facilities, that include procedures for conducting	158235
criminal records checks for operators, employees, and volunteers	158236
who have direct access to facility residents.	158237

Portions of appropriation items 334506, Court Costs, 335406,	158238
Prevention and Wellness, 335421, Continuum of Care Services,	158239
335614, Mental Health Block Grant, 335506, Residential State	158240
Supplement, 335615, Behavioral Health Care, 335618, Substance	158241
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	158242
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	158243
these regulated activities.	158244

Section 327.20.40. Effective July 1, 2013, to the extent	158245
funds are available and on application of boards of alcohol, drug	158246
addiction, and mental health services, the Director of Mental	158247
Health and Addiction Services may approve state reimbursement of,	158248
or state grants for, community construction programs, including	158249
residential housing for severely mentally disabled persons and	158250
persons with substance use disorders. The Director may also	158251
approve an application for reimbursement or a grant for such	158252
programs submitted by other governmental entities or by private,	158253
nonprofit organizations after the board of alcohol, drug	158254
addiction, and mental health services has reviewed and approved	158255
the application and the application is consistent with the plan,	158256
budget, and statement of services submitted to and approved by the	158257
Department. The Director shall adopt rules in accordance with	158258
Chapter 119. of the Revised Code that specify procedures for	158259
applying for state reimbursement and for state grants for	158260
community construction programs, including residential housing for	158261
severely mentally disabled persons and persons with substance use	158262
disorders.	158263

Portions of appropriation item 335616, Community Capital	158264
Replacement, may be used to pay for the Department functions	158265
enumerated above.	158266

Section 327.20.50. Effective July 1, 2013, the Department of	158267
Mental Health and Addiction Services shall collect information	158268
about services delivered and persons served as required for	158269
reporting and evaluation relating to state and federal funds	158270
expended for such purposes. No alcohol, drug addiction, or mental	158271
health program, agency, or services provider shall fail to supply	158272
statistics or other information within its knowledge and with	158273
respect to its programs or services upon the request of the	158274
department.	158275

Portions of appropriation items 333321, Central	158276
Administration, 333609 Central Office Operating, 333606,	158277
Demonstration Grants - Administration, 333612, Social Services	158278
Block Grant - Administration, 333613, Federal Grants -	158279
Administration, 333614, Mental Health Block Grant -	158280
Administration, 333618, Substance Abuse Block Grant -	158281
Administration, 333623, Statewide Treatment and Prevention -	158282
Administration, 333629, Problem Gambling and Casino Addictions -	158283
Administration, 333608, Federal Miscellaneous - Administration,	158284
333641, Problem Gambling Services - Administration, 335406,	158285
Prevention and Wellness, 335421, Continuum of Care Services,	158286
335422, Criminal Justice Services, 335604, Community Mental Health	158287
Projects, 335606, Demonstration Grants, 335612, Social Services	158288
Block Grant, 335613, Federal Grant - Community Mental Health	158289
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	158290
Health Care, 335618, Substance Abuse Block Grant, 335623,	158291
Statewide Treatment and Prevention, 335629, Problem Gambling and	158292
Casino Addictions, 335638, Race to the Top - Early Learning	158293
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	158294
652609, Medicaid Legacy Costs Support, and 652636, Community	158295
Medicaid Legacy Support, may be used to pay for the Department	158296
information collection and reporting functions enumerated above.	158297

Section 327.20.60. The Department of Mental Health and	158298
Addiction Services shall administer specified Medicaid services as	158299
delegated by the State's single agency responsible for the	158300
Medicaid program. Effective July 1, 2013, the Department shall use	158301
appropriation item 652507, Medicaid Support, to fund the	158302
Medicaid-related services and supports performed by the	158303
Department.	158304

Section 327.30. RESIDENT TRAINEES

158305

The foregoing appropriation item 333402, Resident Trainees,	158306
shall be used to fund training agreements entered into by the	158307
Director of Mental Health and Addiction Services for the	158308
development of curricula and the provision of training programs to	158309
support public mental health services.	158310

Section 327.40. LEASE-RENTAL PAYMENTS

158311

The foregoing appropriation item 333415, Lease-Rental	158312
Payments, shall be used to meet all payments at the times they are	158313
required to be made during the period from July 1, 2013, through	158314
June 30, 2015, by the Department of Mental Health and Addiction	158315
Services under leases and agreements made under section 154.20 of	158316
the Revised Code. These appropriations are the source of funds	158317
pledged for bond service charges on obligations issued pursuant to	158318
Chapter 154. of the Revised Code.	158319

Section 327.50. HOSPITAL SERVICES

158320

The foregoing appropriation item 334412, Hospital Services,	158321
shall be used for the operation of the State Regional Psychiatric	158322
Hospitals, including, but not limited to, all aspects involving	158323
civil and forensic commitment, treatment, and discharge as	158324
determined by the Director of Mental Health and Addiction	158325
Services. A portion of this appropriation may be used by the	158326
Department of Mental Health and Addiction Services to create,	158327
purchase, or contract for the custody, supervision, control, and	158328
treatment of persons committed to the Department of Mental Health	158329
and Addiction Services in other clinically appropriate	158330
environments, consistent with public safety.	158331

Section 327.60. CONTINUUM OF CARE SERVICES

158332

The foregoing appropriation item 335421, Continuum of Care	158333
Services, shall be used as follows:	158334

(A) A portion of this appropriation shall be allocated to	158335
community alcohol, drug addiction, and mental health services	158336
boards in accordance with a distribution methodology determined by	158337
the Director of Mental Health and Addiction Services:	158338

(1) For the boards to purchase mental health and addiction	158339
services permitted under Chapter 340. of the Revised Code;	158340

(2) To provide subsidized support for psychotropic medication	158341
needs of indigent citizens in the community to reduce unnecessary	158342
hospitalization due to lack of medication; and	158343

(3) To provide subsidized support for medication assisted	158344
treatment costs.	158345

(B) A portion of this appropriation may be distributed to	158346
community alcohol, drug addiction, and mental health services	158347
boards, community addiction and/or mental health services	158348
providers, courts, or other governmental entities to provide	158349
specific grants in support of mental health and addiction services	158350
initiatives.	158351

(C) In fiscal year 2014 $250,000 and in fiscal year 2015	158352
$750,000 shall be allocated to the Human Trafficking Center at The	158353
Ohio State University. The Center shall use the funds to	158354
investigate all aspects of human trafficking, including research,	158355
training, and direct services for victims. The Center shall do all	158356
of the following:	158357

(1) Provide research opportunities in areas affecting human	158358
trafficking, including topics such as socioeconomic, political,	158359
and cultural factors involved in human trafficking;	158360

(2) Develop assessments and other tools to help human	158361
trafficking victims or service providers, including online	158362
training courses for law enforcement and social and medical	158363
service personnel on how best to identify and treat victims of	158364
human trafficking;	158365

(3) Offer internships, clinical hours, and other training	158366
opportunities for undergraduate and graduate students;	158367

(4) Provide direct services and care for victims of human	158368
trafficking; and	158369

(5) Collaborate with community affiliates and other	158370
institutions of higher education engaged in human trafficking	158371
research, training, and direct victim services.	158372

(D) $669,446 in fiscal year 2014 and $569,446 in fiscal year	158373
2015 shall be allocated to the Geauga County Board of Mental	158374
Health and Recovery Services to support the Chardon Pilot Program.	158375
The Chardon Pilot Program shall support the behavioral health	158376
needs of the Chardon community. The board shall distribute	158377
$469,446 of these funds in fiscal year 2014 and $369,446 of these	158378
funds in fiscal year 2015 to the Chardon school district to be	158379
used for program-related activities. The Department of Mental	158380
Health and Addiction Services shall submit a report to the General	158381
Assembly in accordance with section 101.68 of the Revised Code	158382
regarding the performance of the program by September 30, 2015.	158383

Section 327.70. CRIMINAL JUSTICE SERVICES

158384

The foregoing appropriation item 335422, Criminal Justice	158385
Services, shall be used to provide forensic psychiatric	158386
evaluations to courts of common pleas and to conduct evaluations	158387
of patients of forensic status in facilities operated or	158388
designated by the Department of Mental Health and Addiction	158389
Services prior to conditional release to the community. A portion	158390
of this appropriation may be allocated through community alcohol,	158391
drug addiction, and mental health services boards to community	158392
addiction and/or mental health services providers in accordance	158393
with a distribution methodology as determined by the Director of	158394
Mental Health and Addiction Services.	158395

Appropriation item 335422, Criminal Justice Services, may	158396
also be used to:	158397

(A) Provide forensic monitoring and tracking of individuals	158398
on conditional release;	158399

(B) Provide forensic training;

158400

(C) Support projects that assist courts and law enforcement	158401
to identify and develop appropriate alternative services to	158402
incarceration for nonviolent mentally ill offenders;	158403

(D) Provide specialized re-entry services to offenders	158404
leaving prisons and jails;	158405

(E) Provide specific grants in support of addiction services	158406
alternatives to incarceration;	158407

(F) Support specialty dockets; and

158408

(G) Support therapeutic communities.

158409

Section 327.80. COMMUNITY INNOVATIONS

158410

The foregoing appropriation item 335504, Community	158411
Innovations, may be used by the Department of Mental Health and	158412
Addiction Services to make targeted investments in programs,	158413
projects, or systems operated by or under the authority of other	158414
state agencies, governmental entities, or private not-for-profit	158415
agencies that impact, or are impacted by, the operations and	158416
functions of the Department, with the goal of achieving a net	158417
reduction in expenditure of state general revenue funds and/or	158418
improved outcomes for Ohio citizens without a net increase in	158419
state general revenue fund spending.	158420

The Director shall identify and evaluate programs, projects,	158421
or systems proposed or operated, in whole or in part, outside of	158422
the authority of the Department, where targeted investment of	158423
these funds in the program, project, or system is expected to	158424
decrease demand for the Department or other resources funded with	158425
state general revenue funds, and/or to measurably improve outcomes	158426
for Ohio citizens with mental illness or with alcohol, drug, or	158427
gambling addictions. The Director shall have discretion to	158428
transfer money from the appropriation item to other state	158429
agencies, governmental entities, or private not-for-profit	158430
agencies in amounts, and subject to conditions, that the Director	158431
determines most likely to achieve state savings and/or improved	158432
outcomes. Distribution of moneys from this appropriation item	158433
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	158434
the Revised Code.	158435

The Department shall enter into an agreement with each	158436
recipient of community innovation funds, identifying: allowable	158437
expenditure of the funds; other commitment of funds or other	158438
resources to the program, project, or system; expected state	158439
savings and/or improved outcomes and proposed mechanisms for	158440
measurement of such savings or outcomes; and required reporting	158441
regarding expenditure of funds and savings or outcomes achieved.	158442

The foregoing appropriation item 335504, Community	158443
Innovations, may also be used by the Department to make payments	158444
to the Opportunities for Ohioans with Disabilities Agency for	158445
vocational rehabilitation services to individuals receiving mental	158446
health or addiction services paid for with public dollars.	158447

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

158448

Of the foregoing appropriation item 335507, Community	158449
Behavioral Health, $30,000,000 in each fiscal year shall be	158450
allocated to community alcohol, drug addiction, and mental health	158451
services boards to provide mental health services.	158452

Of the foregoing appropriation item 335507, Community	158453
Behavioral Health, $17,500,000 in each fiscal year shall be	158454
allocated to community alcohol, drug addiction, and mental health	158455
services boards to be used for addiction services including	158456
medication, treatment programs, and counseling.	158457

Section 327.90. COMMUNITY OPERATING/PLANNING

158458

Appropriation item 335609, Community Operating/Planning, may	158459
be used by the Department of Mental Health and Addiction Services	158460
to make payments to the Opportunities for Ohioans with	158461
Disabilities Agency for vocational rehabilitation services to	158462
individuals receiving mental health or addiction services paid for	158463
with public dollars.	158464

In addition, appropriation item 335609, Community	158465
Operating/Planning, may be used by the Department to make	158466
incentive payments to operators of residential facilities that are	158467
licensed by the Department of Mental Health and Addiction Services	158468
and provide accommodations and personal care services for one or	158469
two unrelated adults or accommodations, supervision, and personal	158470
care services for three to sixteen unrelated adults. The incentive	158471
payments shall be granted based upon operators demonstrating	158472
linkage between their facilities' residents and community	158473
resources, based on the residents' needs including, but not	158474
limited to, aged, mental health, and physical health issues. The	158475
financial incentive shall be used to support community living for	158476
individuals with a disability or who are aged, and to assist with	158477
costs arising from facility operations.	158478

Appropriation item 335609, Community Operating/Planning, may	158479
also be used by the Department to support non-Medicaid program	158480
costs for individuals moving into community settings.	158481

Section 327.93. PROBLEM GAMBLING AND CASINO ADDICTIONS

158482

A portion of appropriation item 335629, Problem Gambling and	158483
Casino Addictions, shall be allocated to boards of alcohol, drug	158484
addiction, and mental health services in accordance with a	158485
distribution methodology determined by the Director of Mental	158486
Health and Addiction Services.	158487

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

158488

(A) As used in this section:

158489

(1) "Residential facility" means a facility licensed by the	158490
Department of Mental Health and Addiction Services under section	158491
5119.34 of the Revised Code.	158492

(2) "Residential care facility" means a facility licensed by	158493
the Director of Health under Chapter 3721. of the Revised Code or	158494
by a political subdivision certified under section 3721.09 of the	158495
Revised Code.	158496

(B) The foregoing appropriation item 335506, Residential	158497
State Supplement, may be used by the Department of Mental Health	158498
and Addiction Services to provide training for residential	158499
facilities providing accommodations, supervision, and personal	158500
care services to three to sixteen unrelated adults with mental	158501
illness, to transfer cash to the Nursing Home Franchise Permit Fee	158502
Fund (Fund 5R20) used by the Department of Job and Family	158503
Services, and to make benefit payments to residential state	158504
supplement recipients.	158505

(C) Under the Residential State Supplement Program, the	158506
amount used to determine whether a resident is eligible for	158507
payment, and for determining the amount per month the eligible	158508
resident will receive, shall be as follows:	158509

(1) $927 for a residential care facility;

158510

(2) $927 for a residential facility that provides	158511
accommodations, supervision, and personal care services for six to	158512
sixteen unrelated adults as described in section 5119.34 of the	158513
Revised Code;	158514

(3) $824 for a residential facility that provides	158515
accommodations, supervision, and personal care services for one or	158516
two unrelated adults as described in division (A)(9)(b)(ii) of	158517
section 5119.34 of the Revised Code;	158518

(4) $824 for a residential facility providing accommodations,	158519
supervision, and personal care services to three to five unrelated	158520
adults, as described in section 5119.34 of the Revised Code;	158521

(5) $824 for a residential facility that provides	158522
accommodations, supervision, and personal care services for one or	158523
two unrelated persons with mental illness or persons with severe	158524
mental disabilities who are referred by or are receiving mental	158525
health services from a community mental health services provider	158526
or a hospital, as described in division (A)(9)(b)(i) of section	158527
5119.34 of the Revised Code;	158528

(6) $618 for community mental health housing services, as	158529
described in division (D)(1)(c) of section 5119.41 of the Revised	158530
Code.	158531

The Department of Mental Health and Addiction Services shall	158532
reflect these amounts in any applicable rules the Department	158533
adopts under section 5119.41 of the Revised Code.	158534

(D) The Department of Mental Health and Addiction Services	158535
shall, with the input of stakeholders and impacted state agencies,	158536
conduct a review of the state and federal rules and statutes	158537
governing the Residential State Supplement Program and report on	158538
potential improvements to be made in governing the program not	158539
later than January 1, 2014.	158540

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	158541
POOL	158542

A county family and children first council may establish and	158543
operate a flexible funding pool in order to assure access to	158544
needed services by families, children, and older adults in need of	158545
protective services. The operation of the flexible funding pools	158546
shall be subject to the following restrictions:	158547

(A) The county council shall establish and operate the	158548
flexible funding pool in accordance with formal guidance issued by	158549
the Family and Children First Cabinet Council;	158550

(B) The county council shall produce an annual report on its	158551
use of the pooled funds. The annual report shall conform to a	158552
format prescribed in the formal guidance issued by the Family and	158553
Children First Cabinet Council;	158554

(C) Unless otherwise restricted, funds transferred to the	158555
flexible funding pool may include state general revenues allocated	158556
to local entities to support the provision of services to families	158557
and children;	158558

(D) The amounts transferred to the flexible funding pool	158559
shall be limited to amounts that can be redirected without	158560
impairing the achievement of the objectives for which the initial	158561
allocation is designated; and	158562

(E) Each amount transferred to the flexible funding pool from	158563
a specific allocation shall be approved for transfer by the	158564
director of the local agency that was the original recipient of	158565
the allocation.	158566

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

158567

General Revenue Fund	158568

GRF	149321	Operating Expenses	$	581,490	$	591,615	158569
GRF	149501	Minority Health Grants	$	889,100	$	878,975	158570
GRF	149502	Lupus Program	$	110,047	$	110,047	158571
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	158572

Federal Special Revenue Fund Group	158573

3J90	149602	Federal Grants	$	140,000	$	140,000	158574
TOTAL FED Federal Special Revenue							158575
Fund Group			$	140,000	$	140,000	158576

State Special Revenue Fund Group	158577

4C20	149601	Minority Health Conference	$	25,000	$	25,000	158578
TOTAL SSR State Special Revenue							158579
Fund Group			$	25,000	$	25,000	158580
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	158581

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

158583

General Services Fund Group	158584

4K90	865601	Operating Expenses	$	487,592	$	484,292	158585
TOTAL GSF General Services							158586
Fund Group			$	487,592	$	484,292	158587
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	158588

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

158590

General Revenue Fund	158591

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	158592
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	158593
GRF	725456	Canal Lands	$	135,000	$	135,000	158594
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	158595
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	158596
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	158597
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	158598
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	158599
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	158600
GRF	729321	Office of Information Technology	$	177,405	$	177,405	158601
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	158602
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	158603
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	158604
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	158605
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	158606
TOTAL GRF General Revenue Fund			$	98,280,489	$	101,568,536	158607

General Services Fund Group	158608

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	158609
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	158610
2040	725687	Information Services	$	5,179,097	$	5,288,168	158611
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	158612
2070	725690	Real Estate Services	$	50,000	$	50,000	158613
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	158614
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	158615
4300	725671	Canal Lands	$	883,879	$	883,879	158616
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	158617
4X80	725662	Water Resources Council	$	138,005	$	138,005	158618
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	158619
5160	725620	Water Management	$	2,559,292	$	2,559,292	158620
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	158621
6970	725670	Submerged Lands	$	852,982	$	869,145	158622
TOTAL GSF General Services							158623
Fund Group			$	25,457,857	$	25,451,293	158624

Federal Special Revenue Fund Group	158625

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	158626
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	158627
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	158628
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	158629
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	158630
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	158631
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	158632
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	158633
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	158634
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	158635
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	158636
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	158637
TOTAL FED Federal Special Revenue							158638
Fund Group			$	28,386,819	$	28,048,201	158639

State Special Revenue Fund Group	158640

4J20	725628	Injection Well Review	$	128,466	$	128,466	158641
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	158642
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	158643
5090	725602	State Forest	$	6,873,330	$	6,880,158	158644
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	158645
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	158646
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	158647
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	158648
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	158649
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	158650
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	158651
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	158652
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	158653
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	158654
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	158655
5B30	725674	Mining Regulation	$	28,135	$	28,135	158656
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	158657
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	158658
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	158659
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	158660
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	158661
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	158662
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	158663
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	158664
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	158665
5MW0	725604	Natural Resources Special Purposes	$	9,000,000	$	6,000,000	158666
6150	725661	Dam Safety	$	943,517	$	943,517	158667
TOTAL SSR State Special Revenue							158668
Fund Group			$	78,965,753	$	77,089,464	158669

Clean Ohio Conservation Fund Group	158670

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		158671
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		158672

Wildlife Fund Group	158673

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	158674
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	158675
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	158676
8160	725649	Wetlands Habitat	$	966,885	$	966,885	158677
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	158678
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	158679
8190	725685	Ohio River Management	$	203,584	$	203,584	158680
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	158681
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	158682

Waterways Safety Fund Group	158683

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	158684
7086	725418	Buoy Placement	$	52,182	$	52,182	158685
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	158686
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	158687
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	158688
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	158689
TOTAL WSF Waterways Safety Fund							158690
Group			$	26,276,019	$	26,106,019	158691

Accrued Leave Liability Fund Group	158692

4M80	725675	FOP Contract	$	20,219	$	20,219	158693
TOTAL ALF Accrued Leave							158694
Liability Fund Group			$	20,219	$	20,219	158695

Holding Account Redistribution Fund Group	158696

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	158697
R043	725624	Forestry	$	2,100,000	$	2,100,000	158698
TOTAL 090 Holding Account							158699
Redistribution Fund Group			$	2,596,263	$	2,596,263	158700
TOTAL ALL BUDGET FUND GROUPS			$	325,741,676	$	327,247,664	158701

Section 333.20. CENTRAL SUPPORT INDIRECT

158703

With the exception of the Division of Wildlife, whose direct	158704
and indirect central support charges shall be paid out of the	158705
General Revenue Fund from the foregoing appropriation item 725401,	158706
Wildlife-GRF Central Support, the Department of Natural Resources,	158707
with approval of the Director of Budget and Management, shall	158708
utilize a methodology for determining each division's payments	158709
into the Central Support Indirect Fund (Fund 1570). The	158710
methodology used shall contain the characteristics of	158711
administrative ease and uniform application in compliance with	158712
federal grant requirements. It may include direct cost charges for	158713
specific services provided. Payments to Fund 1570 shall be made	158714
using an intrastate transfer voucher.	158715

Section 333.30. LEASE RENTAL PAYMENTS

158716

The foregoing appropriation item 725413, Lease Rental	158717
Payments, shall be used to meet all payments at the times they are	158718
required to be made during the period from July 1, 2013, through	158719
June 30, 2015, by the Department of Natural Resources pursuant to	158720
leases and agreements made under section 154.22 of the Revised	158721
Code. These appropriations are the source of funds pledged for	158722
bond service charges on related obligations issued under Chapter	158723
154. of the Revised Code.	158724

CANAL LANDS

158725

The foregoing appropriation item 725456, Canal Lands, shall	158726
be used to provide operating expenses for the State Canal Lands	158727
Program.	158728

HEALTHY LAKE ERIE FUND

158729

The foregoing appropriation item 725505, Healthy Lake Erie	158730
Fund, shall be used by the Director of Natural Resources, in	158731
consultation with the Director of Agriculture and the Director of	158732
Environmental Protection, to implement nonstatutory	158733
recommendations of the Agriculture Nutrients and Water Quality	158734
Working Group. The Director shall give priority to recommendations	158735
that encourage farmers to adopt agricultural production guidelines	158736
commonly known as 4R nutrient stewardship practices. Funds may	158737
also be used for enhanced soil testing in the Western Lake Erie	158738
Basin, monitoring the quality of Lake Erie and its tributaries,	158739
and conducting research and establishing pilot projects that have	158740
the goal of reducing algae blooms in Lake Erie.	158741

COAL AND MINE SAFETY PROGRAM

158742

The foregoing appropriation item 725507, Coal and Mine Safety	158743
Program, shall be used for the administration of the Mine Safety	158744
Program and the Coal Regulation Program.	158745

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

158746

The foregoing appropriation item 725903, Natural Resources	158747
General Obligation Debt Service, shall be used to pay all debt	158748
service and related financing costs during the period July 1,	158749
2013, through June 30, 2015, on obligations issued under sections	158750
151.01 and 151.05 of the Revised Code.	158751

Section 333.40. WELL LOG FILING FEES

158752

The Chief of the Division of Soil and Water Resources shall	158753
deposit fees forwarded to the Division pursuant to section 1521.05	158754
of the Revised Code into the Departmental Services – Intrastate	158755
Fund (Fund 1550) for the purposes described in that section.	158756

CRANBERRY BOG PRESERVATION

158757

Of the foregoing appropriation item 725601, Departmental	158758
Projects, $12,450 in fiscal year 2014 shall be used for the	158759
Greater Buckeye Lake Historical Society to preserve the Cranberry	158760
Bog.	158761

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

158762

The foregoing appropriation item 725696, Human Resources	158763
Direct Service, shall be used to cover the cost of support,	158764
coordination, and oversight of the Department of Natural	158765
Resources' human resources functions. The Human Resources	158766
Chargeback Fund (Fund 2050) shall consist of cash transferred to	158767
it via intrastate transfer voucher from other funds as determined	158768
by the Director of Natural Resources and the Director of Budget	158769
and Management.	158770

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

158771

The foregoing appropriation item 725665, Law Enforcement	158772
Administration, shall be used to cover the cost of support,	158773
coordination, and oversight of the Department of Natural	158774
Resources' law enforcement functions. The Law Enforcement	158775
Administration Fund (Fund 2230) shall consist of cash transferred	158776
to it via intrastate transfer voucher from other funds as	158777
determined by the Director of Natural Resources and the Director	158778
of Budget and Management.	158779

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	158780
EXPO CENTER	158781

The foregoing appropriation item 725664, Fountain Square	158782
Facilities Management, shall be used for payment of repairs,	158783
renovation, utilities, property management, and building	158784
maintenance expenses for the Fountain Square complex and the	158785
Department of Natural Resources grounds at the Ohio Expo Center.	158786
Cash transferred by intrastate transfer vouchers from various	158787
department funds and rental income received by the Department of	158788
Natural Resources shall be deposited into the Fountain Square	158789
Facilities Management Fund (Fund 6350).	158790

Section 333.80. SOIL AND WATER DISTRICTS

158791

In addition to state payments to soil and water conservation	158792
districts authorized by section 1515.10 of the Revised Code, the	158793
Department of Natural Resources may use appropriation item 725683,	158794
Soil and Water Districts, to pay any soil and water conservation	158795
district an annual amount not to exceed $40,000, upon receipt of a	158796
request and justification from the district and approval by the	158797
Ohio Soil and Water Conservation Commission. The county auditor	158798
shall credit the payments to the special fund established under	158799
section 1515.10 of the Revised Code for the local soil and water	158800
conservation district. Moneys received by each district shall be	158801
expended for the purposes of the district.	158802

OIL AND GAS WELL PLUGGING

158803

The foregoing appropriation item 725677, Oil and Gas Well	158804
Plugging, shall be used exclusively for the purposes of plugging	158805
wells and to properly restore the land surface of idle and orphan	158806
oil and gas wells pursuant to section 1509.071 of the Revised	158807
Code. No funds from the appropriation item shall be used for	158808
salaries, maintenance, equipment, or other administrative	158809
purposes, except for those costs directly attributed to the	158810
plugging of an idle or orphan well. This appropriation item shall	158811
not be used to transfer cash to any other fund or appropriation	158812
item.	158813

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

158814

During fiscal years 2014 and 2015, the Director of Budget and	158815
Management may, in consultation with the Director of Natural	158816
Resources, transfer such cash as necessary from the General	158817
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	158818
the increased regulatory work related to the expansion of the oil	158819
and gas program that will occur before receipts from this activity	158820
are deposited into Fund 5180. Once funds from severance taxes,	158821
application and permitting fees, and other sources have accrued to	158822
Fund 5180 in such amounts as are considered sufficient to sustain	158823
expanded operations, the Director of Budget and Management, in	158824
consultation with the Director of Natural Resources, shall	158825
establish a schedule for repaying the transferred funds from Fund	158826
5180 to the General Revenue Fund.	158827

NATURAL RESOURCES SPECIAL PURPOSES

158828

On July 1, 2013, or as soon as possible thereafter, the	158829
Director of Budget and Management shall transfer $3,000,000 cash	158830
from the General Revenue Fund to the Natural Resources Special	158831
Purposes Fund (Fund 5MW0). Of the amount transferred, $2,100,000	158832
in fiscal year 2014 shall be used for the construction or	158833
acquisition of a treatment train process at an Ohio inland lake,	158834
and $900,000 in fiscal year 2014 shall be used for the purchase of	158835
a sweeper dredge for use at Ohio inland lakes.	158836

Section 333.90. CLEAN OHIO OPERATING EXPENSES

158837

The foregoing appropriation item 725405, Clean Ohio	158838
Operating, shall be used by the Department of Natural Resources in	158839
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	158840
to section 1519.05 of the Revised Code.	158841

Section 333.100. WATERCRAFT MARINE PATROL

158842

Of the foregoing appropriation item 739401, Division of	158843
Watercraft, up to $200,000 in each fiscal year shall be expended	158844
for the purchase of equipment for marine patrols qualifying for	158845
funding from the Department of Natural Resources pursuant to	158846
section 1547.67 of the Revised Code. Proposals for equipment shall	158847
accompany the submission of documentation for receipt of a marine	158848
patrol subsidy pursuant to section 1547.67 of the Revised Code and	158849
shall be loaned to eligible marine patrols pursuant to a	158850
cooperative agreement between the Department of Natural Resources	158851
and the eligible marine patrol.	158852

Section 333.110. PARKS CAPITAL EXPENSES FUND

158853

The Director of Natural Resources shall submit to the	158854
Director of Budget and Management the estimated design,	158855
engineering, and planning costs of capital-related work to be done	158856
by Department of Natural Resources staff for parks projects within	158857
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	158858
Director of Budget and Management approves the estimated costs,	158859
the Director may release appropriations from appropriation item	158860
C725E6, Project Planning, Fund 7035, for those purposes. Upon	158861
release of the appropriations, the Department of Natural Resources	158862
shall pay for these expenses from the Parks Capital Expenses Fund	158863
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	158864
Fund 7035 using an intrastate transfer voucher.	158865

NATUREWORKS CAPITAL EXPENSES FUND

158866

The Department of Natural Resources shall periodically	158867
prepare and submit to the Director of Budget and Management the	158868
estimated design, planning, and engineering costs of	158869
capital-related work to be done by Department of Natural Resources	158870
staff for each capital improvement project within the Ohio Parks	158871
and Natural Resources Fund (Fund 7031). If the Director of Budget	158872
and Management approves the estimated costs, the Director may	158873
release appropriations from appropriation item C725E5, Project	158874
Planning, in Fund 7031, for those purposes. Upon release of the	158875
appropriations, the Department of Natural Resources shall pay for	158876
these expenses from the Capital Expenses Fund (Fund 4S90).	158877
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	158878
using an intrastate transfer voucher.	158879

Section 333.120. ELIMINATION OF DORMANT FUNDS

158880

The following funds are hereby abolished and the fund names	158881
and fund numbers shall be stricken from the list of funds falling	158882
within the jurisdiction of the Department of Natural Resources:	158883

Fund Number	Fund Name	158884
1580	Reprint and Replacement - Intrastate	158885
1610	Parks and Recreation Depreciation Reserve	158886
1620	Civilian Conservation Corps Earned Revenues	158887
2060	General Services	158888
5080	Natural Resources Publications and Promotions	158889
5190	Burr Oak Water Plant	158890
5250	Reclamation Forfeiture	158891
5300	Surface Mining Reclamation	158892
8800	Cooperative Boat Harbor Project	158893
4B80	Forestry Development	158894
5F90	Flood Reimbursement	158895
81A0	Wildlife Education	158896
R029	Reclamation Fee	158897
R030	Surface Mining Reclamation Fee	158898
R040	Wildlife Refunds	158899
3280	Federal Special Revenue	158900
3P00	Natural Areas and Preserves - Federal	158901
5K10	Urban Forestry Grant	158902
5150	Conservancy District Organization	158903
6300	Wild Animal	158904
3CH0	Mined Land Set Aside	158905

TRANSFER OF ELIMINATED DORMANT FUNDS

158906

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	158907
abolished. Any balance remaining in the fund as of July 1, 2013,	158908
shall be transferred into the Waterways Safety Fund (Fund 7086)	158909
and appropriated to appropriation item 739401, Division of	158910
Watercraft.	158911

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	158912
the Division of Natural Areas and Preserves Law Enforcement Fund	158913
(Fund 5EK0) are hereby abolished. Any balance remaining in these	158914
funds as of July 1, 2013, shall be transferred into the Park Law	158915
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	158916
item 725613, Park Law Enforcement.	158917

Section 335.10. NUR STATE BOARD OF NURSING

158918

General Services Fund Group	158919

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	158920
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	158921
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	158922
TOTAL GSF General Services							158923
Fund Group			$	8,557,249	$	8,649,484	158924
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	158925

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	158927
AND ATHLETIC TRAINERS BOARD	158928

General Services Fund Group	158929

4K90	890609	Operating Expenses	$	866,169	$	925,897	158930
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	158931
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	158932

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

158934

General Revenue Fund	158935

GRF	355501	Library Subsidy	$	135,000	$	140,000	158936
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	158937
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	158938

Section 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH	158940
DISABILITIES AGENCY	158941

General Revenue Fund	158942

GRF	415402	Independent Living Council	$	252,000	$	252,000	158943
GRF	415406	Assistive Technology	$	26,618	$	26,618	158944
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	158945
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	158946
GRF	415508	Services for the Deaf	$	28,000	$	28,000	158947
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	158948

General Services Fund Group	158949

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	158950
TOTAL GSF General Services							158951
Fund Group			$	962,538	$	965,481	158952

Federal Special Revenue Fund Group	158953

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	158954
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	158955
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	158956
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	158957
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	158958
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	158959
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	158960
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	158961
TOTAL FED Federal Special							158962
Revenue Fund Group			$	207,833,606	$	205,179,120	158963

State Special Revenue Fund Group	158964

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	158965
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	158966
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	158967
TOTAL SSR State Special							158968
Revenue Fund Group			$	26,871,919	$	27,096,926	158969
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	158970

INDEPENDENT LIVING COUNCIL

158971

The foregoing appropriation item 415402, Independent Living	158972
Council, shall be used to fund the operations of the State	158973
Independent Living Council and to support state independent living	158974
centers and independent living services under Title VII of the	158975
Independent Living Services and Centers for Independent Living of	158976
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	158977
U.S.C. 796d.	158978

Of the foregoing appropriation item 415402, Independent	158979
Living Council, $67,662 in each fiscal year shall be used as state	158980
matching funds for vocational rehabilitation innovation and	158981
expansion activities.	158982

ASSISTIVE TECHNOLOGY

158983

The total amount of the foregoing appropriation item 415406,	158984
Assistive Technology, shall be provided to Assistive Technology of	158985
Ohio to provide grants and assistive technology services for	158986
people with disabilities in the State of Ohio.	158987

OFFICE FOR PEOPLE WITH BRAIN INJURY

158988

The foregoing appropriation item 415431, Office for People	158989
with Brain Injury, shall be provided to The Ohio State University	158990
College of Medicine to support the Brain Injury Program	158991
established under section 3304.23 of the Revised Code.	158992

VOCATIONAL REHABILITATION SERVICES

158993

The foregoing appropriation item 415506, Services for People	158994
with Disabilities, shall be used as state matching funds to	158995
provide vocational rehabilitation services to eligible consumers.	158996

SERVICES FOR THE DEAF

158997

The foregoing appropriation item 415508, Services for the	158998
Deaf, shall be used to provide grants to community centers for the	158999
deaf.	159000

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

159001

The foregoing appropriation item 415617, Independent	159002
Living/Vocational Rehabilitation Programs, shall be used to	159003
support vocational rehabilitation programs.	159004

SOCIAL SECURITY REIMBURSEMENT FUNDS

159005

Reimbursement funds received from the Social Security	159006
Administration, United States Department of Health and Human	159007
Services, for the costs of providing services and training to	159008
return disability recipients to gainful employment shall be	159009
expended from the Social Security Reimbursement Fund (Fund 3L10),	159010
to the extent funds are available, as follows:	159011

(A) Appropriation item 415601, Social Security Personal Care	159012
Assistance, to provide personal care services in accordance with	159013
section 3304.41 of the Revised Code;	159014

(B) Appropriation item 415605, Social Security Community	159015
Centers for the Deaf, to provide grants to community centers for	159016
the deaf in Ohio for services to individuals with hearing	159017
impairments; and	159018

(C) Appropriation item 415608, Social Security Special	159019
Programs/Assistance, to provide vocational rehabilitation services	159020
to individuals with severe disabilities who are Social Security	159021
beneficiaries, to enable them to achieve competitive employment.	159022
This appropriation item shall also be used to pay a portion of	159023
indirect costs of the Personal Care Assistance Program and the	159024
Independent Living Programs as mandated by federal OMB Circular	159025
A-87.	159026

PROGRAM MANAGEMENT EXPENSES

159027

The foregoing appropriation item 415606, Program Management	159028
Expenses, shall be used to support the administrative functions of	159029
the commission related to the provision of vocational	159030
rehabilitation, disability determination services, and ancillary	159031
programs.	159032

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

159033

General Services Fund Group	159034

4K90	894609	Operating Expenses	$	366,000	$	365,000	159035
TOTAL GSF General Services							159036
Fund Group			$	366,000	$	365,000	159037
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	159038

Section 343.10. OPT STATE BOARD OF OPTOMETRY

159040

General Services Fund Group	159041

4K90	885609	Operating Expenses	$	347,278	$	347,278	159042
TOTAL GSF General Services							159043
Fund Group			$	347,278	$	347,278	159044
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	159045

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	159047
AND PEDORTHICS	159048

General Services Fund Group	159049

4K90	973609	Operating Expenses	$	151,417	$	159,982	159050
TOTAL GSF General Services							159051
Fund Group			$	151,417	$	159,982	159052
TOTAL ALL BUDGET FUND GROUPS			$	151,417	$	159,982	159053

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	159054
RELEASE COMPENSATION BOARD	159055

State Special Revenue Fund Group	159056

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	159057
TOTAL SSR State Special Revenue							159058
Fund Group			$	1,233,249	$	1,252,202	159059
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	159060

Section 349.10. PRX STATE BOARD OF PHARMACY

159062

General Services Fund Group	159063

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	159064
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	159065
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	159066

Federal Special Revenue Fund Group	159067

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	159068
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	159069
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	159070
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	159071
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	159072
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	159073

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

159075

General Services Fund Group	159076

4K90	882609	Operating Expenses	$	548,000	$	571,000	159077
TOTAL GSF General Services							159078
Fund Group			$	548,000	$	571,000	159079
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	159080

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

159082

General Revenue Fund	159083

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	159084
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	159085
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	159086
GRF	019405	Training Account	$	50,000	$	50,000	159087
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	159088
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	159089

General Services Fund Group	159090

4070	019604	County Representation	$	351,149	$	354,248	159091
4080	019605	Client Payments	$	725,144	$	722,931	159092
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	159093
TOTAL GSF General Services							159094
Fund Group			$	1,608,429	$	1,605,655	159095

Federal Special Revenue Fund Group	159096

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	159097
3S80	019608	Federal Representation	$	204,706	$	202,942	159098
TOTAL FED Federal Special Revenue							159099
Fund Group			$	308,656	$	306,892	159100

State Special Revenue Fund Group	159101

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	159102
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	159103
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	159104
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	159105
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	159106
TOTAL SSR State Special Revenue							159107
Fund Group			$	68,464,005	$	69,794,850	159108
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	159109

INDIGENT DEFENSE OFFICE

159110

The foregoing appropriation items 019404, Trumbull County -	159111
State Share, and 019610, Trumbull County - County Share, shall be	159112
used to support an indigent defense office for Trumbull County.	159113

MULTI-COUNTY OFFICE

159114

The foregoing appropriation items 019403, Multi-County: State	159115
Share, and 019601, Multi-County: County Share, shall be used to	159116
support the Office of the Ohio Public Defender's Multi-County	159117
Branch Office Program.	159118

TRAINING ACCOUNT

159119

The foregoing appropriation item 019405, Training Account,	159120
shall be used by the Ohio Public Defender to provide legal	159121
training programs at no cost for private appointed counsel who	159122
represent at least one indigent defendant at no cost and for state	159123
and county public defenders and attorneys who contract with the	159124
Ohio Public Defender to provide indigent defense services.	159125

FEDERAL REPRESENTATION

159126

The foregoing appropriation item 019608, Federal	159127
Representation, shall be used to receive reimbursements from the	159128
federal courts when the Ohio Public Defender provides	159129
representation in federal court cases and to support	159130
representation in such cases.	159131

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

159132

General Revenue Fund	159133

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	159134
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	159135
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	159136

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

159138

General Services Fund Group	159139

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	159140
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	159141
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	159142
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	159143
TOTAL GSF General Services							159144
Fund Group			$	53,739,708	$	35,704,708	159145

Federal Special Revenue Fund Group	159146

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	159147
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	159148
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	159149
3ED0	870631	State Regulators Assistance	$	115,912	$	0	159150
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	159151
TOTAL FED Federal Special Revenue							159152
Fund Group			$	8,357,532	$	8,049,619	159153

State Special Revenue Fund Group	159154

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	159155
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	159156
5610	870606	Power Siting Board	$	581,618	$	581,618	159157
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	159158
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	159159
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	159160
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	159161
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	159162
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	159163
TOTAL SSR State Special Revenue							159164
Fund Group			$	9,549,062	$	9,500,201	159165
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	159166

TELECOMMUNICATIONS TRANSITION PLANNING

159167

The foregoing appropriation item 870622, Utility and Railroad	159168
Regulation, shall be used in part to plan for the transition,	159169
consistent with the directives and policies of the federal	159170
communications commission, from the current public switched	159171
telephone network to an internet-protocol network that will	159172
stimulate investment in the internet-protocol network in Ohio and	159173
that will expand the availability of advanced telecommunications	159174
services to all Ohioans. The transition plan shall include a	159175
review of statutes or rules that may prevent or delay an	159176
appropriate transition. The transition plan shall address consumer	159177
protection issues, including the availability and reliability of	159178
alternatives to basic local exchange service. The commission shall	159179
report to the General Assembly by December 31, 2013, on any	159180
further action required to be taken by the General Assembly to	159181
insure a successful and timely transition.	159182

Section 359.10. PWC PUBLIC WORKS COMMISSION

159183

General Revenue Fund	159184

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	159185
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	159186
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	159187

Clean Ohio Conservation Fund Group	159188

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		159189
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		159190

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

159191

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

159192

The foregoing appropriation item 150904, Conservation General	159193
Obligation Debt Service, shall be used to pay all debt service and	159194
related financing costs during the period from July 1, 2013,	159195
through June 30, 2015, at the times they are required to be made	159196
for obligations issued under sections 151.01 and 151.09 of the	159197
Revised Code.	159198

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

159199

The foregoing appropriation item 150907, State Capital	159200
Improvements General Obligation Debt Service, shall be used to pay	159201
all debt service and related financing costs during the period	159202
from July 1, 2013, through June 30, 2015, at the times they are	159203
required to be made for obligations issued under sections 151.01	159204
and 151.08 of the Revised Code.	159205

CLEAN OHIO OPERATING EXPENSES

159206

The foregoing appropriation item 150403, Clean Ohio Operating	159207
Expenses, shall be used by the Ohio Public Works Commission in	159208
administering Clean Ohio Conservation Fund (Fund 7056) projects	159209
pursuant to sections 164.20 to 164.27 of the Revised Code.	159210

Section 361.10. RAC STATE RACING COMMISSION

159211

State Special Revenue Fund Group	159212

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	159213
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	159214
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	159215
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	159216
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	159217
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	159218
TOTAL SSR State Special Revenue							159219
Fund Group			$	28,329,086	$	28,329,086	159220

Holding Account Redistribution Fund Group	159221

R021	875605	Bond Reimbursements	$	100,000	$	100,000	159222
TOTAL 090 Holding Account Redistribution							159223
Fund Group			$	100,000	$	100,000	159224
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	159225

Section 363.10. BOR BOARD OF REGENTS

159227

General Revenue Fund	159228

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	159229
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	159230
GRF	235402	Sea Grants	$	285,000	$	285,000	159231
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	159232
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	159233
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	159234
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	159235
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	159236
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	159237
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	159238
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	159239
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	159240
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	159241
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	159242
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	159243
GRF	235480	General Technology Operations	$	500,000	$	500,000	159244
GRF	235483	Technology Integration and Professional Development	$	2,378,598	$	2,378,598	159245
GRF	235501	State Share of Instruction	$	1,792,320,502	$	1,818,225,497	159246
GRF	235502	Student Support Services	$	632,974	$	632,974	159247
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	159248
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	159249
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	159250
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	159251
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	159252
GRF	235512	OSU Agricultural Technical Institute Supplement	$	0	$	503,870	159253
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	159254
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	159255
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	159256
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	159257
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	159258
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	159259
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	159260
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	159261
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	159262
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,126,100	159263
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	159264
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	159265
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	159266
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	159267
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	159268
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	159269
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	159270
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	159271
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	159272
GRF	235558	Long-term Care Research	$	325,300	$	325,300	159273
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	159274
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	159275
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	159276
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	159277
TOTAL GRF General Revenue Fund			$	2,332,558,552	$	2,378,910,162	159278

General Services Fund Group	159279

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	159280
4560	235603	Sales and Services	$	199,250	$	199,250	159281
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	159282
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	159283
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	159284
TOTAL GSF General Services							159285
Fund Group			$	15,102,845	$	13,102,845	159286

Federal Special Revenue Fund Group	159287

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	159288
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	159289
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	159290
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	159291
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	159292
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	159293
TOTAL FED Federal Special Revenue							159294
Fund Group			$	21,535,671	$	21,535,671	159295

State Special Revenue Fund Group	159296

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	159297
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	159298
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	159299
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	159300
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	159301
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	159302
6820	235606	Nursing Loan Program	$	891,320	$	891,320	159303
TOTAL SSR State Special Revenue							159304
Fund Group			$	12,441,303	$	12,491,164	159305

Third Frontier Research & Development Fund Group	159306

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	159307
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	159308
TOTAL ALL BUDGET FUND GROUPS			$	2,389,638,371	$	2,434,039,842	159309

Section 363.20. LEASE RENTAL PAYMENTS

159311

The foregoing appropriation item 235401, Lease Rental	159312
Payments, shall be used to meet all payments at the times they are	159313
required to be made during the period from July 1, 2013, through	159314
June 30, 2015, by the Chancellor of the Board of Regents under	159315
leases and agreements made under section 154.21 of the Revised	159316
Code. These appropriations are the source of funds pledged for	159317
bond service charges on related obligations issued under Chapter	159318
154. of the Revised Code.	159319

Section 363.23. SEA GRANTS

159320

The foregoing appropriation item 235402, Sea Grants, shall be	159321
used to match federal dollars and leverage additional support by	159322
The Ohio State University's Sea Grant program, including Stone	159323
Laboratory, for research, education, and outreach to enhance the	159324
economic value, public utilization, and responsible management of	159325
Lake Erie and Ohio's coastal resources.	159326

Section 363.30. ARTICULATION AND TRANSFER

159327

The foregoing appropriation item 235406, Articulation and	159328
Transfer, shall be used by the Chancellor of the Board of Regents	159329
to maintain and expand the work of the Articulation and Transfer	159330
Council to develop a system of transfer policies to ensure that	159331
students at state institutions of higher education can transfer	159332
and have coursework apply to their majors and degrees at any other	159333
state institution of higher education without unnecessary	159334
duplication or institutional barriers under sections 3333.16,	159335
3333.161, and 3333.162 of the Revised Code.	159336

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

159337

The foregoing appropriation item 235408, Midwest Higher	159338
Education Compact, shall be distributed by the Chancellor of the	159339
Board of Regents under section 3333.40 of the Revised Code.	159340

Section 363.50. HEI INFORMATION SYSTEM

159341

The foregoing appropriation item 235409, HEI Information	159342
System, shall be used by the Chancellor of the Board of Regents to	159343
support the development and implementation of information	159344
technology solutions designed to improve the performance and	159345
services of the Chancellor of the Board of Regents and the	159346
University System of Ohio. Information technology solutions may be	159347
provided by the Ohio Academic Research Network (OARnet).	159348

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

159349

The foregoing appropriation item 235414, State Grants and	159350
Scholarship Administration, shall be used by the Chancellor of the	159351
Board of Regents to administer the following student financial aid	159352
programs: Ohio College Opportunity Grant, Ohio War Orphans'	159353
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	159354
Officers College Memorial Fund, and any other student financial	159355
aid programs created by the General Assembly. The appropriation	159356
item also shall be used to support all state financial aid audits	159357
and student financial aid programs created by Congress, and to	159358
provide fiscal services for the Ohio National Guard Scholarship	159359
Program.	159360

Section 363.70. ESTUDENT SERVICES

159361

The foregoing appropriation item 235417, eStudent Services,	159362
shall be used by the Chancellor of the Board of Regents to support	159363
the continued implementation of eStudent Services, a consortium	159364
organized under division (T) of section 3333.04 of the Revised	159365
Code to expand access to dual enrollment opportunities for high	159366
school students, as well as adult and higher education	159367
opportunities through technology. The funds shall be used by	159368
eStudent Services to develop and promote learning and assessment	159369
through the use of technology, to test and provide advice on	159370
emerging learning-directed technologies, to support the distance	159371
learning clearinghouse and platform created under section 3333.82	159372
of the Revised Code, and to facilitate cost-effectiveness through	159373
shared educational technology investments.	159374

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

159375

The foregoing appropriation item 235428, Appalachian New	159376
Economy Partnership, shall be distributed to Ohio University to	159377
continue a multi-campus and multi-agency coordinated effort to	159378
link Appalachia to the new economy. Ohio University shall use	159379
these funds to provide leadership in the development and	159380
implementation of initiatives in the areas of entrepreneurship,	159381
management, education, and technology.	159382

Section 363.90. ECONOMIC GROWTH CHALLENGE

159383

The foregoing appropriation item 235433, Economic Growth	159384
Challenge, shall be used for administrative expenses of the	159385
Research Incentive Program and other economic advancement	159386
initiatives undertaken by the Chancellor of the Board of Regents.	159387

The Chancellor of the Board of Regents shall use any	159388
appropriation transfer to the foregoing appropriation item 235433,	159389
Economic Growth Challenge, to enhance the basic research and	159390
commercialization capabilities of public colleges and universities	159391
and accredited Ohio institutions of higher education holding	159392
certificates of authorization issued under section 1713.02 of the	159393
Revised Code, in order to strengthen academic research and	159394
commercialization for pursuing Ohio's economic development goals.	159395

Section 363.93. COLLEGE READINESS AND ACCESS

159396

The foregoing appropriation item 235434, College Readiness	159397
and Access, shall be used by the Chancellor of the Board of	159398
Regents to support early college high school initiatives. The	159399
Chancellor shall distribute grants equal to $2,000 per enrolled	159400
early college high school student to institutions of higher	159401
education supporting an early college high school. If the	159402
Chancellor determines that the amounts appropriated are inadequate	159403
to provide full grant awards to all eligible institutions, the	159404
Chancellor may decrease the per student grant amount.	159405

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

159406

The foregoing appropriation item 235438, Choose Ohio First	159407
Scholarship, shall be used to operate the program prescribed in	159408
sections 3333.60 to 3333.70 of the Revised Code.	159409

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

159410

The foregoing appropriation item 235443, Adult Basic and	159411
Literacy Education - State, shall be used to support the adult	159412
basic and literacy education instructional grant program and state	159413
leadership program. The supported programs shall satisfy the state	159414
match and maintenance of effort requirements for the	159415
state-administered grant program.	159416

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	159417
EDUCATION	159418

The foregoing appropriation item 235444, Post-Secondary Adult	159419
Career-Technical Education, shall be used by the Chancellor of the	159420
Board of Regents, in consultation with the Superintendent of	159421
Public Instruction and the Governor's Office of Workforce	159422
Transformation, to support post-secondary adult career-technical	159423
education. The Chancellor of the Board of Regents, the	159424
Superintendent of Public Instruction, and the Governor's Office of	159425
Workforce Transformation, or their designees, shall hold a series	159426
of consultations with the Ohio Technical Centers during fiscal	159427
year 2014 to develop an appropriate funding formula to distribute	159428
these funds based on student outcomes, beginning in fiscal year	159429
2015.	159430

Not later than June 30, 2014, the Chancellor of the Board of	159431
Regents shall establish a One-Year Option credit articulation	159432
system in which graduates of Ohio Technical Centers who complete a	159433
900-hour program of study and obtain an industry-recognized	159434
credential approved by the Chancellor shall receive 30 college	159435
technical credit hours toward a technical degree upon enrollment	159436
in an institution of higher education.	159437

By June 30, 2014, the Chancellor also shall submit a report	159438
to the General Assembly, in accordance with section 101.68 of the	159439
Revised Code, that recommends a process to award proportional	159440
credit toward a technical degree for students who complete a	159441
program of study between 600 and 899 hours and obtain an	159442
industry-recognized credential approved by the Chancellor.	159443

As used in this section, "institution of higher education"	159444
has the same meaning as in section 3345.12 of the Revised Code.	159445

Section 363.130. AREA HEALTH EDUCATION CENTERS

159446

The foregoing appropriation item 235474, Area Health	159447
Education Centers Program Support, shall be used by the Chancellor	159448
of the Board of Regents to support the medical school regional	159449
area health education centers' educational programs for the	159450
continued support of medical and other health professions	159451
education and for support of the Area Health Education Center	159452
Program.	159453

Effective July 1, 2013, the Director of Budget and Management	159454
shall cancel any existing encumbrances against appropriation item	159455
935408, General Operations, and re-establish them, as determined	159456
to be appropriate by the Director of Budget and Management,	159457
against appropriation item 235480, General Technology Operations.	159458
The re-established encumbrance amounts are hereby appropriated.	159459
Any business commenced but not completed under appropriation item	159460
935408, General Operations, by July 1, 2013, shall be completed,	159461
as determined to be appropriate by the Director of Budget and	159462
Management, under appropriation item 235480, General Technology	159463
Operations, in the same manner and with the same effect as if it	159464
were completed with regard to appropriation item 935408, General	159465
Operations.	159466

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	159467
DEVELOPMENT	159468

Of the foregoing appropriation item 235483, Technology	159469
Integration and Professional Development, up to $2,000,000 in each	159470
fiscal year shall be used to provide grants on a competitive basis	159471
to public and chartered nonpublic schools for their participation	159472
in the electronic textbook pilot project. These grants shall be	159473
administered as provided under the section of this act entitled	159474
ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as	159475
possible thereafter, the Chancellor of the Board of Regents may	159476
certify to the Director of Budget and Management the amount of the	159477
unexpended, unencumbered balance of this set aside at the end of	159478
fiscal year 2014 to be appropriated to fiscal year 2015. The	159479
amount certified is hereby reappropriated for the same purpose for	159480
fiscal year 2015.	159481

The remainder of the foregoing appropriation item 235483,	159482
Technology Integration and Professional Development, shall be used	159483
by the Ohio Department of Education and the Chancellor of the	159484
Board of Regents for the provision of staff development, hardware,	159485
software, telecommunications services, and information resources	159486
to support educational uses of technology in the classroom and at	159487
a distance and for professional development for teachers,	159488
administrators, and technology staff on the use of educational	159489
technology in qualifying public schools, including the State	159490
School for the Blind, the School for the Deaf, and the Department	159491
of Youth Services.	159492

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

159493

The Chancellor of the Board of Regents shall establish	159494
procedures to allocate the foregoing appropriation item 235501,	159495
State Share of Instruction, based on the formulas detailed in this	159496
section that utilize the enrollment, course completion, degree	159497
attainment, and student achievement factors reported annually by	159498
each state institution of higher education participating in the	159499
Higher Education Information (HEI) system.	159500

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE	159501
COMPLETIONS	159502

(1) As soon as possible during each fiscal year of the	159503
biennium ending June 30, 2015, in accordance with instructions of	159504
the Board of Regents, each state institution of higher education	159505
shall report its actual data, consistent with the definitions in	159506
the Higher Education Information (HEI) system's enrollment files,	159507
to the Chancellor of the Board of Regents.	159508

(2) In defining the number of full-time equivalent students	159509
for state subsidy instructional cost purposes, the Chancellor of	159510
the Board of Regents shall exclude all undergraduate students who	159511
are not residents of Ohio, except those charged in-state fees in	159512
accordance with reciprocity agreements made under section 3333.17	159513
of the Revised Code or employer contracts entered into under	159514
section 3333.32 of the Revised Code.	159515

(3) In calculating the core subsidy entitlements for	159516
university branch and main campuses, the Chancellor of the Board	159517
of Regents shall use the following count of FTE students:	159518

(a) The subsidy eligible enrollments by model shall equal	159519
only those FTE students who successfully complete the course as	159520
defined and reported through the Higher Education Information	159521
(HEI) system course enrollment file;	159522

(b) Those undergraduate FTE students with successful course	159523
completions, identified in division (A)(3)(a) of this section,	159524
that had an expected family contribution less than 2190 or were	159525
determined to have been in need of remedial education shall be	159526
defined as at-risk students and shall have their eligible	159527
completions weighted by the following:	159528

(i) Campus-specific course completion indexes, where the	159529
indexes are calculated based upon the number of at-risk students	159530
enrolled during the 2010-2012 academic years; and	159531

(ii) A statewide average at-risk course completion weight	159532
determined for each subsidy model. The statewide average at-risk	159533
course completion weight shall be determined by calculating the	159534
difference between the percentage of traditional students who	159535
complete a course and the percentage of at-risk students who	159536
complete the same course.	159537

(4) In calculating the core subsidy entitlements for Medical	159538
II models only, students repeating terms may be no more than five	159539
per cent of current year enrollment.	159540

(5) In calculating the core subsidy entitlements for students	159541
enrolled in state-supported law schools, subsidy eligible FTE	159542
completions shall be limited to students identified as residents	159543
of Ohio.	159544

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

159545

For purposes of calculating state share of instruction	159546
allocations, the total instructional costs per full-time	159547
equivalent student shall be:	159548

Model	Fiscal Year 2014	Fiscal Year 2015	159549
ARTS AND HUMANITIES 1	$7,803	$7,940	159550
ARTS AND HUMANITIES 2	$10,828	$11,018	159551
ARTS AND HUMANITIES 3	$13,988	$14,234	159552
ARTS AND HUMANITIES 4	$20,242	$20,598	159553
ARTS AND HUMANITIES 5	$33,969	$34,567	159554
ARTS AND HUMANITIES 6	$38,280	$38,954	159555
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	159556
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	159557
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	159558
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	159559
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	159560
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	159561
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	159562
MEDICAL 1	$53,424	$54,365	159563
MEDICAL 2	$45,873	$46,681	159564
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	159565
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	159566
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	159567
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	159568
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	159569
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	159570
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	159571
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	159572
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	159573

Doctoral I and Doctoral II models shall be allocated in	159574
accordance with division (D)(3) of this section.	159575

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	159576
AND GRADUATE WEIGHTS	159577

For the purpose of implementing the recommendations of the	159578
2006 State Share of Instruction Consultation and the Higher	159579
Education Funding Study Council that priority be given to	159580
maintaining state support for science, technology, engineering,	159581
mathematics, medicine, and graduate programs, the costs in	159582
division (B) of this section shall be weighted by the amounts	159583
provided below:	159584

Model	Fiscal Year 2014	Fiscal Year 2015	159585
ARTS AND HUMANITIES 1	1.0000	1.0000	159586
ARTS AND HUMANITIES 2	1.0000	1.0000	159587
ARTS AND HUMANITIES 3	1.0000	1.0000	159588
ARTS AND HUMANITIES 4	1.0000	1.0000	159589
ARTS AND HUMANITIES 5	1.0425	1.0425	159590
ARTS AND HUMANITIES 6	1.0425	1.0425	159591
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	159592
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	159593
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	159594
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	159595
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	159596
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	159597
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	159598
MEDICAL 1	1.6456	1.6456	159599
MEDICAL 2	1.7462	1.7462	159600
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	159601
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	159602
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	159603
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	159604
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	159605
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	159606
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	159607
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	159608
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	159609

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	159610
ENTITLEMENTS AND ADJUSTMENTS	159611

(1) Of the foregoing appropriation item 235501, State Share	159612
of Instruction, 25 per cent of the fiscal year 2014 appropriation	159613
for state-supported community colleges, state community colleges,	159614
and technical colleges shall be allocated to colleges in	159615
proportion to their share of college student success factors as	159616
adopted by the Chancellor of the Board of Regents in formal	159617
communication to the Controlling Board on August 30, 2010.	159618

(2) Of the foregoing appropriation item 235501, State Share	159619
of Instruction, 25 per cent of the fiscal year 2014 appropriation	159620
for state-supported community colleges, state community colleges,	159621
and technical colleges shall be reserved for course completion	159622
FTEs as aggregated by the subsidy models defined in division (B)	159623
of this section.	159624

The course completion funding shall be allocated to colleges	159625
in proportion to each campuses' share of the total sector's course	159626
completions, weighted by the instructional cost of the subsidy	159627
models.	159628

To calculate the subsidy entitlements for course completions	159629
at community colleges, state community colleges, and technical	159630
colleges, the Chancellor of the Board of Regents shall use the	159631
following calculations:	159632

(a) In calculating each campus's count of FTE course	159633
completions, the Chancellor of the Board of Regents shall use the	159634
three-year average course completions for the three-year period	159635
ending in the prior year.	159636

(b) The model costs as used in the calculation shall be	159637
augmented by the model weights for science, technology,	159638
engineering, mathematics, and medicine models as established in	159639
division (C) of this section.	159640

(3) Of the foregoing appropriation item 235501, State Share	159641
of Instruction, up to 11.78 per cent of the appropriation for	159642
universities, as established in division (A)(2) of the section of	159643
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159644
2014 and 2015," in each fiscal year shall be reserved for support	159645
of doctoral programs to implement the funding recommendations made	159646
by representatives of the universities. The amount so reserved	159647
shall be referred to as the doctoral set-aside.	159648

The doctoral set-aside shall be allocated to universities as	159649
follows:	159650

(a) 62.50 per cent of the doctoral set-aside in fiscal year	159651
2014 and 55 per cent of the doctoral set-aside in fiscal year 2015	159652
shall be allocated to universities in proportion to their share of	159653
the statewide total of each state institution's three-year average	159654
Doctoral I equivalent FTEs as calculated on an institutional basis	159655
using historical FTEs for the period fiscal year 1994 through	159656
fiscal year 1998 with annualized FTEs for fiscal years 1994	159657
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	159658
reflect the effects of doctoral review and subsequent changes in	159659
Doctoral I equivalent enrollments. For the purposes of this	159660
calculation, Doctoral I equivalent FTEs shall equal the sum of	159661
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	159662

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	159663
and 30 per cent of the doctoral set-aside in fiscal year 2015	159664
shall be allocated to universities in proportion to each campus's	159665
share of the total statewide doctoral degrees, weighted by the	159666
cost of the doctoral discipline. In calculating each campus's	159667
doctoral degrees the Chancellor of the Board of Regents shall use	159668
the three-year average doctoral degrees awarded for the three-year	159669
period ending in the prior year.	159670

(c) 12.5 per cent of the doctoral set-aside in fiscal year	159671
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	159672
shall be allocated to universities in proportion to their share of	159673
research grant activity, using a data collection method that is	159674
reviewed and approved by the presidents of Ohio's doctoral degree	159675
granting universities. In the event that the data collection	159676
method is not available, funding for this component shall be	159677
allocated to universities in proportion to their share of research	159678
grant activity published by the National Science Foundation. Grant	159679
awards from the Department of Health and Human Services shall be	159680
weighted at 50 per cent.	159681

(4) Of the foregoing appropriation item 235501, State Share	159682
of Instruction, 6.41 per cent of the appropriation for	159683
universities, as established in division (A)(2) of the section of	159684
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159685
2014 AND 2015," in each fiscal year shall be reserved for support	159686
of Medical II FTEs. The amount so reserved shall be referred to as	159687
the medical II set-aside.	159688

The medical II set-aside shall be allocated to universities	159689
in proportion to their share of the statewide total of each state	159690
institution's three-year average Medical II FTEs as calculated in	159691
division (A) of this section, weighted by model cost.	159692

(5) Of the foregoing appropriation item 235501, State Share	159693
of Instruction, 1.48 per cent of the appropriation for	159694
universities, as established in division (A)(2) of the section of	159695
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159696
2014 AND 2015," in each fiscal year shall be reserved for support	159697
of Medical I FTEs. The amount so reserved shall be referred to as	159698
the medical I set-aside.	159699

The medical I set-aside shall be allocated to universities in	159700
proportion to their share of the statewide total of each state	159701
institution's three-year average Medical I FTEs as calculated in	159702
division (A) of this section.	159703

(6) Of the foregoing appropriation item 235501, State Share	159704
of Instruction, 50 per cent of the appropriation in each fiscal	159705
year for universities, net any earmarked funding for university	159706
regional campuses as detailed in division (B)(1) of the section of	159707
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159708
2014 AND 2015," shall be reserved for support of associate,	159709
baccalaureate, master's, and professional level degree attainment.	159710

The degree attainment funding shall be allocated to	159711
universities in proportion to each campus's share of the total	159712
statewide degrees granted, weighted by the cost of the degree	159713
programs. The degree cost calculations shall include the model	159714
cost weights for the science, technology, engineering,	159715
mathematics, and medicine models as established in division (C) of	159716
this section.	159717

For degrees including credits earned at multiple	159718
institutions, in fiscal year 2015, degree attainment funding shall	159719
be allocated to universities and branch campuses in proportion to	159720
each campus's share of the cost of earned credits for the degree.	159721
Each institution shall receive its prorated share of degree	159722
funding for credits earned at that institution. Cost of credits	159723
not earned at a university main or regional campus shall be	159724
credited to the degree-granting institution.	159725

In calculating the subsidy entitlements for degree attainment	159726
at university main and regional campuses, the Chancellor of the	159727
Board of Regents shall use the following count of degrees and	159728
degree costs:	159729

(a) The subsidy eligible undergraduate degrees shall be	159730
defined as follows:	159731

(i) The subsidy eligible degrees conferred to students	159732
identified as residents of the state of Ohio in any term of their	159733
studies, as reported through the Higher Education Information	159734
(HEI) system student enrollment file, shall be weighted by a	159735
factor of 1.	159736

(ii) The subsidy eligible degrees conferred to students	159737
identified as out-of-state residents during all terms of their	159738
studies, as reported through the Higher Education Information	159739
(HEI) system student enrollment file, who remain in the state of	159740
Ohio at least one year after graduation, as calculated based on	159741
the three-year average in-state residency rate for out-of-state	159742
students at each institution, shall be weighted by a factor of 50	159743
per cent. For fiscal year 2014, subsidy eligible degrees conferred	159744
to all out-of-state students shall be weighted by a factor of 25	159745
per cent.	159746

(b) In fiscal year 2014, for those associate degrees awarded	159747
by a state-supported university, the subsidy eligible degrees	159748
granted are defined as only those earned by students attending a	159749
university that received funding under GRF appropriation item	159750
235418, Access Challenge, in fiscal year 2009. In fiscal year	159751
2015, subsidy eligible associate degrees are defined as those	159752
earned by students attending any state-supported university main	159753
or regional campus.	159754

(c) In calculating each campus's count of degrees, the	159755
Chancellor of the Board of Regents shall use the three-year	159756
average associate, baccalaureate, master's, and professional	159757
degrees awarded for the three-year period ending in the prior	159758
year. In fiscal year 2014, university regional campuses are not	159759
eligible for degree completion funding. In fiscal year 2015, all	159760
university campuses are eligible for degree completion funding.	159761

(d) For fiscal year 2014, eligible associate degrees defined	159762
in division (D)(6)(b) of this section and all bachelor's degrees	159763
earned by a student that either had an expected family	159764
contribution less than 2190, was determined to have been in need	159765
of remedial education, is Native American, African American, or	159766
Hispanic, or is at least age 26 at the time of graduation, shall	159767
be defined as degrees earned by an at-risk student and shall be	159768
weighted by the following:	159769

(i) A campus-specific at-risk index, where the index is	159770
calculated based on the proportion of at-risk students enrolled	159771
during a four-year cohort beginning in fiscal year 2001, 2002,	159772
2003, or 2004; and	159773

(ii) A statewide average at-risk degree completion weight	159774
determined by calculating the difference between the percentage of	159775
non-at-risk students who earned a degree and the percentage of	159776
at-risk students who earned a degree in eight years or less.	159777

(e) For fiscal year 2015, eligible associate degrees defined	159778
in division (D)(6)(b) of this section and all bachelor's degrees	159779
earned by a student that either had an expected family	159780
contribution less than 2190, was determined to be in need of	159781
remedial education, is Native American, African American, or	159782
Hispanic, or is at least 26 years of age at the time of	159783
graduation, shall be defined as degrees earned by an at-risk	159784
student and shall be weighted by the following:	159785

A student-specific degree completion weight, where the weight	159786
is calculated based on the at risk factors of the individual	159787
student, determined by calculating the difference between the	159788
percentage of students with each risk factor who earned a degree	159789
and the percentage of non-at-risk students who earned a degree.	159790

(7) State share of instruction base formula earnings shall be	159791
determined as follows:	159792

(a) The instructional costs shall be determined by	159793
multiplying the amounts listed above in divisions (B) and (C) of	159794
this section by the average subsidy-eligible FTEs for the	159795
three-year period ending in the prior year for all models except	159796
Doctoral I and Doctoral II.	159797

(b) The Chancellor of the Board of Regents shall compute a	159798
uniform state share of instructional costs for each sector.	159799

(i) For the state-supported community colleges, state	159800
community colleges, and technical colleges, in fiscal year 2014	159801
the Chancellor of the Board of Regents shall compute the uniform	159802
state share of instructional costs for enrollment by dividing the	159803
sector level appropriation total as determined by the Chancellor	159804
in division (A)(1) of the section of this act entitled "STATE	159805
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159806
pursuant to divisions (B) and (C) of that section, less the	159807
student college success allocation as described in division (D)(1)	159808
of this section and less the course completion allocation as	159809
detailed in division (D)(2) of this section, by the sum of all	159810
eligible campuses' instructional costs as calculated in division	159811
(D)(7)(b) of this section.	159812

(ii) For the state-supported university regional campuses, in	159813
fiscal year 2014 the Chancellor of the Board of Regents shall	159814
compute the uniform state share of instructional costs by dividing	159815
the sector level appropriation, as determined by the Chancellor in	159816
division (A)(2) of the section of this act entitled "STATE SHARE	159817
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159818
pursuant to division (B) of that section by the sum of all	159819
campuses' instructional costs as calculated in division (D)(7)(b)	159820
of this section.	159821

(iii) For the state-supported university main campuses, in	159822
fiscal year 2014 the Chancellor of the Board of Regents shall	159823
compute the uniform state share of instructional costs by dividing	159824
the sector level appropriation, as determined by the Chancellor in	159825
division (A)(3) of the section of this act entitled "STATE SHARE	159826
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159827
pursuant to division (B) of that section, less the degree	159828
attainment funding as calculated in divisions (D)(3) to (6) of	159829
this section, less the doctoral set-aside, less the medical I	159830
set-aside, and less the medical II set-aside, by the sum of all	159831
campuses' instructional costs as calculated in division (D)(7)(b)	159832
of this section.	159833

(iv) For the state university regional and main campuses, in	159834
fiscal year 2015 the Chancellor of the Board of Regents shall	159835
compute the uniform state share of instructional costs by dividing	159836
the university appropriation, as determined by the Chancellor in	159837
division (A)(3) of the section of this act entitled "STATE SHARE	159838
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	159839
pursuant to division (B) of that section, less the degree	159840
attainment funding as calculated in divisions (D)(3) to (6) of	159841
this section, less the doctoral set-aside, less the medical I	159842
set-aside, and less the medical II set-aside, by the sum of all	159843
campuses' instructional costs as calculated in division (D)(7)(b)	159844
of this section.	159845

(c) The formula entitlement shall be determined by	159846
multiplying the uniform state share of instructional costs	159847
calculated in division (D)(7)(c) of this section by the	159848
instructional cost determined in division (D)(7)(b) of this	159849
section.	159850

(8) In addition to the student success allocation, doctoral	159851
set-aside, medical I set-aside, medical II set-aside, and the	159852
degree attainment allocation determined in divisions (D)(1) to (6)	159853
of this section and the formula entitlement determined in division	159854
(D)(7) of this section, an allocation based on facility-based	159855
plant operations and maintenance (POM) subsidy shall be made. For	159856
each eligible university main campus, the amount of the POM	159857
allocation in each fiscal year shall be distributed based on what	159858
each campus received in the fiscal year 2009 POM allocation.	159859

Any POM allocations required by this division shall be funded	159860
by proportionately reducing formula entitlement earnings,	159861
including the POM allocations, for all campuses in that sector.	159862

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	159863
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	159864

In addition to and after the adjustments noted above, in	159865
fiscal year 2014, no community college, state community college,	159866
or technical college shall receive a state share of instruction	159867
allocation that is less than 97 per cent of the prior year's state	159868
share of instruction earnings. Funds shall be made available to	159869
support this allocation by proportionately reducing formula	159870
entitlement earnings from those campuses, within the community,	159871
state community, and technical college sector, that are not	159872
receiving stability funding.	159873

(10) CAPITAL COMPONENT DEDUCTION

159874

After all other adjustments have been made, state share of	159875
instruction earnings shall be reduced for each campus by the	159876
amount, if any, by which debt service charged in Am. H.B. 748 of	159877
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	159878
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	159879
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	159880
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	159881
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	159882
562 of the 127th General Assembly for that campus exceeds that	159883
campus's capital component earnings. The sum of the amounts	159884
deducted shall be transferred to appropriation item 235552,	159885
Capital Component, in each fiscal year.	159886

(E) EXCEPTIONAL CIRCUMSTANCES

159887

Adjustments may be made to the state share of instruction	159888
payments and other subsidies distributed by the Chancellor of the	159889
Board of Regents to state colleges and universities for	159890
exceptional circumstances. No adjustments for exceptional	159891
circumstances may be made without the recommendation of the	159892
Chancellor and the approval of the Controlling Board.	159893

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	159894
INSTRUCTION	159895

The standard provisions of the state share of instruction	159896
calculation as described in the preceding sections of temporary	159897
law shall apply to any reductions made to appropriation item	159898
235501, State Share of Instruction, before the Chancellor of the	159899
Board of Regents has formally approved the final allocation of the	159900
state share of instruction funds for any fiscal year.	159901

Any reductions made to appropriation item 235501, State Share	159902
of Instruction, after the Chancellor of the Board of Regents has	159903
formally approved the final allocation of the state share of	159904
instruction funds for any fiscal year, shall be uniformly applied	159905
to each campus in proportion to its share of the final allocation.	159906

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

159907

The state share of instruction payments to the institutions	159908
shall be in substantially equal monthly amounts during the fiscal	159909
year, unless otherwise determined by the Director of Budget and	159910
Management pursuant to section 126.09 of the Revised Code.	159911
Payments during the first six months of the fiscal year shall be	159912
based upon the state share of instruction appropriation estimates	159913
made for the various institutions of higher education according to	159914
the Chancellor of the Board of Regents enrollment, completion, and	159915
performance estimates. Payments during the last six months of the	159916
fiscal year shall be distributed after approval of the Controlling	159917
Board upon the request of the Chancellor.	159918

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	159919
STATE SHARE OF INSTRUCTION FORMULAS	159920

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	159921
COLLEGES	159922

Community college presidents, or their designees, in	159923
consultation with the Chancellor of the Board of Regents, shall	159924
study the most appropriate formula weights for students who come	159925
from "at-risk" populations and recommend how they may be used to	159926
determine allocations of appropriations to community colleges from	159927
appropriation item 235501, State Share of Instruction, in fiscal	159928
year 2015. The study shall identify the socio-economic,	159929
demographic, academic, personal, and other factors that identify a	159930
student as being "at-risk" of academic failure, and recommend how	159931
these factors may be used to determine allocations of the State	159932
Share of Instruction for community colleges in fiscal year 2015.	159933
The study shall be completed by December 31, 2013. Notwithstanding	159934
any provision of law to the contrary, community college	159935
presidents, or their designees, in consultation with the	159936
Chancellor of the Board of Regents, shall use the results of the	159937
study to recommend changes in the determination of the	159938
distribution of the community college allocations beginning in	159939
fiscal year 2015 and shall report any such formula change	159940
recommendations to the Governor, the General Assembly, and the	159941
Office of Budget and Management not later than February 15, 2014.	159942

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	159943
MEASURES FOR COMMUNITY COLLEGES	159944

Community college presidents, or their designees, in	159945
consultation with the Chancellor of the Board of Regents, shall	159946
study the most appropriate formula weights for the "success	159947
points" and completion performance measures used in the allocation	159948
of appropriations to community colleges from appropriation item	159949
235501, State Share of Instruction, in fiscal year 2015. The study	159950
shall research the most appropriate success points and completion	159951
measures that occur during the academic career of community	159952
college students and recommend revisions to the current State	159953
Share of Instruction model to fund achievement of the success	159954
points beginning in fiscal year 2015. In addition, community	159955
college presidents, or their designees, in consultation with the	159956
Chancellor of the Board of Regents, shall determine how the	159957
community college's fiscal year 2015 share of State Share of	159958
Instruction funding shall be distributed among its success points,	159959
completion measures and course completion funding, or other	159960
performance and access measures. The study shall be completed by	159961
December 31, 2013. Notwithstanding any provision of law to the	159962
contrary, community college presidents, or their designees, in	159963
consultation with the Chancellor of the Board of Regents, shall	159964
use the results of the study to recommend changes in the	159965
determination of the distribution of the community college	159966
allocations beginning in fiscal year 2015 and shall report any	159967
such formula change recommendations to the Governor, the General	159968
Assembly, and the Office of Budget and Management not later than	159969
February 15, 2014.	159970

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	159971
2014 AND 2015	159972

(A) The foregoing appropriation item 235501, State Share of	159973
Instruction, shall be distributed according to the section of this	159974
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	159975

(1) Of the foregoing appropriation item 235501, State Share	159976
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	159977
in fiscal year 2015 shall be distributed to state-supported	159978
community colleges, state community colleges, and technical	159979
colleges.	159980

(2) Of the foregoing appropriation item 235501, State Share	159981
of Instruction, $1,372,968,020 in fiscal year 2014 and	159982
$1,399,124,069 in fiscal year 2015 shall be distributed to	159983
state-supported university main and regional campuses.	159984

(B) Of the amounts earmarked in division (A)(2) of this	159985
section:	159986

(1) $116,181,104 in fiscal year 2014 shall be distributed to	159987
state university regional campuses.	159988

(2) $3,923,764 in each fiscal year shall be distributed to	159989
university main campuses based on each campus's share of the	159990
appropriation item 235418, Access Challenge, in fiscal year 2009.	159991

(C) Of the foregoing appropriation item 235501, State Share	159992
of Instruction, $8,095,005 in fiscal year 2014 shall be used by	159993
the Chancellor to provide supplemental subsidy payments to each	159994
campus receiving a State Share of Instruction allocation, as	159995
determined according to the section of this act entitled "STATE	159996
SHARE OF INSTRUCTION FORMULAS" and divisions (A) and (B) of this	159997
section, in fiscal year 2014 that is lower than that campus's	159998
State Share of Instruction allocation in fiscal year 2013. If the	159999
Chancellor determines that the amounts earmarked for these	160000
supplemental subsidies are inadequate to provide full payments to	160001
all eligible campuses, the Chancellor shall proportionally reduce	160002
payment amounts.	160003

(D) The POM adjustment in division (D)(7) of the section of	160004
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	160005
Access Challenge earmark in division (B) of this section shall	160006
expire on June 30, 2015.	160007

(E) The state share of instruction payments to the	160008
institutions shall be in substantially equal monthly amounts	160009
during the fiscal year, unless otherwise determined by the	160010
Director of Budget and Management pursuant to section 126.09 of	160011
the Revised Code. Payments during the last six months of the	160012
fiscal year shall be distributed after approval of the Controlling	160013
Board upon the request of the Chancellor of the Board of Regents.	160014

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	160015
UNIVERSITIES	160016

Notwithstanding any provision of law to the contrary, in	160017
consultation with the Chancellor of the Board of Regents, a	160018
state-supported university may request to transfer its fiscal year	160019
2014 state share of instruction subsidy allocations of the	160020
foregoing appropriation item 235501, State Share of Instruction,	160021
between a university main campus and any university branch campus	160022
for which the university main campus is affiliated to best	160023
accomplish institutional goals and objectives. At the request of	160024
the Chancellor of the Board of Regents, the Director of Budget and	160025
Management may transfer the requested amounts of state share of	160026
instruction appropriation allocations between affiliated	160027
university branch campuses and university main campuses.	160028

Section 363.220. RESTRICTION ON FEE INCREASES

160029

The boards of trustees of state institutions of higher	160030
education shall restrain increases in in-state undergraduate	160031
instructional and general fees. Each state university and the	160032
Northeast Ohio Medical University shall not increase its in-state	160033
undergraduate instructional and general fees by more than 2.0 per	160034
cent or $188, whichever is higher, over what the institution	160035
charged for the preceding academic year.	160036

Each university regional campus shall not increase its	160037
in-state undergraduate instructional and general fees by more than	160038
2.0 per cent or $114, whichever is higher, over what the	160039
institution charged for the preceding academic year.	160040

Each community college, state community college, and	160041
technical college shall not increase its in-state undergraduate	160042
instructional and general fees by more than $100 over what the	160043
institution charged for the preceding academic year.	160044

These limitations shall not apply to increases required to	160045
comply with institutional covenants related to their obligations	160046
or to meet unfunded legal mandates or legally binding obligations	160047
incurred or commitments made prior to the effective date of this	160048
section with respect to which the institution had identified such	160049
fee increases as the source of funds. Any increase required by	160050
such covenants and any such mandates, obligations, or commitments	160051
shall be reported by the Chancellor of the Board of Regents to the	160052
Controlling Board. These limitations may also be modified by the	160053
Chancellor of the Board of Regents, with the approval of the	160054
Controlling Board, to respond to exceptional circumstances as	160055
identified by the Chancellor of the Board of Regents.	160056

These limitations shall not apply to institutions	160057
participating in an undergraduate tuition guarantee program	160058
pursuant to section 3345.48 of the Revised Code.	160059

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

160060

(A) Funds appropriated for instructional subsidies at	160061
colleges and universities may be used to provide such branch or	160062
other off-campus undergraduate courses of study and such master's	160063
degree courses of study as may be approved by the Chancellor of	160064
the Board of Regents.	160065

(B) In providing instructional and other services to	160066
students, boards of trustees of state institutions of higher	160067
education shall supplement state subsidies with income from	160068
charges to students. Except as otherwise provided in this act,	160069
each board shall establish the fees to be charged to all students,	160070
including an instructional fee for educational and associated	160071
operational support of the institution and a general fee for	160072
noninstructional services, including locally financed student	160073
services facilities used for the benefit of enrolled students. The	160074
instructional fee and the general fee shall encompass all charges	160075
for services assessed uniformly to all enrolled students. Each	160076
board may also establish special purpose fees, service charges,	160077
and fines as required; such special purpose fees and service	160078
charges shall be for services or benefits furnished individual	160079
students or specific categories of students and shall not be	160080
applied uniformly to all enrolled students. A tuition surcharge	160081
shall be paid by all students who are not residents of Ohio.	160082

The board of trustees of a state institution of higher	160083
education shall not authorize a waiver or nonpayment of	160084
instructional fees or general fees for any particular student or	160085
any class of students other than waivers specifically authorized	160086
by law or approved by the Chancellor. This prohibition is not	160087
intended to limit the authority of boards of trustees to provide	160088
for payments to students for services rendered the institution,	160089
nor to prohibit the budgeting of income for staff benefits or for	160090
student assistance in the form of payment of such instructional	160091
and general fees.	160092

Each state institution of higher education in its statement	160093
of charges to students shall separately identify the instructional	160094
fee, the general fee, the tuition charge, and the tuition	160095
surcharge. Fee charges to students for instruction shall not be	160096
considered to be a price of service but shall be considered to be	160097
an integral part of the state government financing program in	160098
support of higher educational opportunity for students.	160099

(C) The boards of trustees of state institutions of higher	160100
education shall ensure that faculty members devote a proper and	160101
judicious part of their work week to the actual instruction of	160102
students. Total class credit hours of production per academic term	160103
per full-time faculty member is expected to meet the standards set	160104
forth in the budget data submitted by the Chancellor of the Board	160105
of Regents.	160106

(D) The authority of government vested by law in the boards	160107
of trustees of state institutions of higher education shall in	160108
fact be exercised by those boards. Boards of trustees may consult	160109
extensively with appropriate student and faculty groups.	160110
Administrative decisions about the utilization of available	160111
resources, about organizational structure, about disciplinary	160112
procedure, about the operation and staffing of all auxiliary	160113
facilities, and about administrative personnel shall be the	160114
exclusive prerogative of boards of trustees. Any delegation of	160115
authority by a board of trustees in other areas of responsibility	160116
shall be accompanied by appropriate standards of guidance	160117
concerning expected objectives in the exercise of such delegated	160118
authority and shall be accompanied by periodic review of the	160119
exercise of this delegated authority to the end that the public	160120
interest, in contrast to any institutional or special interest,	160121
shall be served.	160122

Section 363.240. STUDENT SUPPORT SERVICES

160123

The foregoing appropriation item 235502, Student Support	160124
Services, shall be distributed by the Chancellor of the Board of	160125
Regents to Ohio's state colleges and universities that incur	160126
disproportionate costs in the provision of support services to	160127
disabled students.	160128

Section 363.250. WAR ORPHANS SCHOLARSHIPS

160129

The foregoing appropriation item 235504, War Orphans	160130
Scholarships, shall be used to reimburse state institutions of	160131
higher education for waivers of instructional fees and general	160132
fees provided by them, to provide grants to institutions that have	160133
received a certificate of authorization from the Chancellor of the	160134
Board of Regents under Chapter 1713. of the Revised Code, in	160135
accordance with the provisions of section 5910.04 of the Revised	160136
Code, and to fund additional scholarship benefits provided by	160137
section 5910.032 of the Revised Code.	160138

Section 363.260. OHIOLINK

160139

The foregoing appropriation item 235507, OhioLINK, shall be	160140
used by the Chancellor of the Board of Regents to support	160141
OhioLINK, a consortium organized under division (T) of section	160142
3333.04 of the Revised Code to serve as the state's electronic	160143
library information and retrieval system, which provides access	160144
statewide to an extensive set of electronic databases and	160145
resources, the library holdings of Ohio's public and participating	160146
private nonprofit colleges and universities, and the State Library	160147
of Ohio.	160148

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

160149

The foregoing appropriation item 235508, Air Force Institute	160150
of Technology, shall be used to: (A) strengthen the research and	160151
educational linkages between the Wright Patterson Air Force Base	160152
and institutions of higher education in Ohio; and (B) support the	160153
Dayton Area Graduate Studies Institute, an engineering graduate	160154
consortium of Wright State University, the University of Dayton,	160155
and the Air Force Institute of Technology, with the participation	160156
of the University of Cincinnati and The Ohio State University.	160157

Section 363.280. OHIO SUPERCOMPUTER CENTER

160158

The foregoing appropriation item 235510, Ohio Supercomputer	160159
Center, shall be used by the Chancellor of the Board of Regents to	160160
support the operation of the Ohio Supercomputer Center, a	160161
consortium organized under division (T) of section 3333.04 of the	160162
Revised Code, located at The Ohio State University. The Ohio	160163
Supercomputer Center is a statewide resource available to Ohio	160164
research universities both public and private. It is also intended	160165
that the center be made accessible to private industry as	160166
appropriate.	160167

Funds shall be used, in part, to support the Ohio	160168
Supercomputer Center's Computational Science Initiative, which	160169
includes its industrial outreach program, Blue Collar Computing,	160170
and its School of Computational Science. These collaborations	160171
between the Ohio Supercomputer Center and Ohio's colleges and	160172
universities shall be aimed at making Ohio a leader in using	160173
computer modeling to promote economic development.	160174

Section 363.290. COOPERATIVE EXTENSION SERVICE

160175

The foregoing appropriation item 235511, Cooperative	160176
Extension Service, shall be disbursed through the Chancellor of	160177
the Board of Regents to The Ohio State University in monthly	160178
payments, unless otherwise determined by the Director of Budget	160179
and Management under section 126.09 of the Revised Code.	160180

Of the foregoing appropriation item 235511, Cooperative	160181
Extension Service, up to $30,000 in fiscal year 2014 shall be used	160182
to develop an in-school agriculturally based curriculum for	160183
inclusion within the regular classroom curriculum of an elementary	160184
school in the Cleveland Municipal School District and the	160185
Cincinnati City School District.	160186

Of the foregoing appropriation item 235511, Cooperative	160187
Extension Service, up to $73,450 in each fiscal year shall be used	160188
to support a City of Cleveland Program Manager tasked with	160189
preparing regular classroom teachers in one elementary school to	160190
recruit and train volunteers for an after-school 4-H Club.	160191

Of the foregoing appropriation item 235511, Cooperative	160192
Extension Service, $73,450 in each fiscal year shall be used to	160193
support a City of Cincinnati Program Manager tasked with preparing	160194
regular classroom teachers in one elementary school to recruit and	160195
train volunteers for an after-school 4-H Club.	160196

Section 363.293. OSU AGRICULTURAL TECHNICAL INSTITUTE	160197
SUPPLEMENT	160198

The foregoing appropriation item 235512, OSU Agricultural	160199
Technical Institute Supplement, shall be used to support The Ohio	160200
State University Agricultural Technical Institute Campus.	160201

Section 363.300. CENTRAL STATE SUPPLEMENT

160202

The foregoing appropriation item 235514, Central State	160203
Supplement, shall be disbursed by the Chancellor of the Board of	160204
Regents to Central State University in accordance with the plan	160205
developed by the Chancellor and submitted to the Governor and the	160206
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	160207
General Assembly. Funds shall be used in a manner consistent with	160208
the goals of increasing enrollment, improving course completion,	160209
and increasing the number of degrees conferred.	160210

The Chancellor shall monitor the implementation of the plan	160211
and the use of funds. Central State University shall provide any	160212
information requested by the Chancellor related to the	160213
implementation of the plan. If the Chancellor determines that	160214
Central State University's use of supplemental funds is not in	160215
accordance with the plan or if the plan is not having the desired	160216
effect, the Chancellor may notify Central State University that	160217
the plan is suspended. Upon receiving such notice, Central State	160218
University shall avoid all unnecessary expenditures under the	160219
plan. The Chancellor shall notify the Controlling Board of the	160220
suspension of the plan and within sixty days prepare a new plan	160221
for the use of any remaining funds.	160222

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	160223
MEDICINE	160224

The foregoing appropriation item 235515, Case Western Reserve	160225
University School of Medicine, shall be disbursed to Case Western	160226
Reserve University through the Chancellor of the Board of Regents	160227
in accordance with agreements entered into under section 3333.10	160228
of the Revised Code, provided that the state support per full-time	160229
medical student shall not exceed that provided to full-time	160230
medical students at state universities.	160231

Section 363.313. WRIGHT STATE LAKE CAMPUS AGRICULTURAL	160232
PROGRAM	160233

The foregoing appropriation item 235516, Wright State Lake	160234
Campus Agricultural Program, shall be used to support the	160235
agricultural program at Wright State University's Lake Campus.	160236

Section 363.320. FAMILY PRACTICE

160237

The Chancellor of the Ohio Board of Regents shall develop	160238
plans consistent with existing criteria and guidelines as may be	160239
required for the distribution of appropriation item 235519, Family	160240
Practice.	160241

Section 363.330. SHAWNEE STATE SUPPLEMENT

160242

The foregoing appropriation item 235520, Shawnee State	160243
Supplement, shall be disbursed by the Chancellor of the Board of	160244
Regents to Shawnee State University in accordance with the plan	160245
developed by the Chancellor and submitted to the Governor and the	160246
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	160247
General Assembly. Funds shall be used in a manner consistent with	160248
the goals of improving course completion, increasing the number of	160249
degrees conferred, and furthering the university's mission of	160250
service to the Appalachian region.	160251

The Chancellor shall monitor the implementation of the plan	160252
and the use of funds. Shawnee State University shall provide any	160253
information requested by the Chancellor related to the	160254
implementation of the plan. If the Chancellor determines that	160255
Shawnee State University's use of supplemental funds is not in	160256
accordance with the plan or if the plan is not having the desired	160257
effect, the Chancellor may notify Shawnee State University that	160258
the plan is suspended. Upon receiving such notice, Shawnee State	160259
University shall avoid all unnecessary expenditures under the	160260
plan. The Chancellor shall notify the Controlling Board of the	160261
suspension of the plan and within sixty days prepare a new plan	160262
for the use of any remaining funds.	160263

Section 363.333. YOUTH STEM COMMERCIALIZATION AND	160264
ENTREPRENEURSHIP PROGRAM	160265

The foregoing appropriation item 235523, Youth STEM	160266
Commercialization and Entrepreneurship Program, shall be used by	160267
the Chancellor of the Ohio Board of Regents to support the Youth	160268
STEM Commercialization and Entrepreneurship Program. The purpose	160269
of this program is to grow Ohio's next generation of	160270
entrepreneurs, to create jobs in Ohio by focusing on the practical	160271
application of science, technology, engineering, and mathematics	160272
(STEM), including medicine and health fields, and to innovate new	160273
products and services. The Youth STEM Commercialization and	160274
Entrepreneurship Program shall (1) conduct regional STEM forums	160275
for students and educators; (2) develop regional online high	160276
school and collegiate STEM commercialization and entrepreneurship	160277
content and courses; (3) create a statewide STEM commercialization	160278
and entrepreneurship mentoring network available to high school	160279
students anywhere in Ohio; and (4) conduct a statewide STEM	160280
Commercialization and Entrepreneurship Plan competition that	160281
includes incentive awards and scholarships for students and	160282
professional development and incentives for teacher participation.	160283
The competition and all aspects of the program shall be open to	160284
any Ohio high school student and shall include initiatives to	160285
engage minority, rural, and economically disadvantaged students	160286
anywhere in Ohio. The Youth STEM Commercialization and	160287
Entrepreneurship Program shall collaborate with Ohio's colleges	160288
and universities, existing STEM and entrepreneurship programs, and	160289
Ohio's STEM professional and trade associations to implement these	160290
provisions and to create the new products or services of the	160291
future, advance job creation in Ohio, and encourage enrollment at	160292
Ohio institutions of higher education.	160293

Section 363.340. POLICE AND FIRE PROTECTION

160294

The foregoing appropriation item 235524, Police and Fire	160295
Protection, shall be used for police and fire services in the	160296
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	160297
Portsmouth, Xenia Township (Greene County), Rootstown Township,	160298
and the City of Nelsonville that may be used to assist these local	160299
governments in providing police and fire protection for the	160300
central campus of the state-affiliated university located therein.	160301

Section 363.350. GERIATRIC MEDICINE

160302

The Chancellor of the Board of Regents shall develop plans	160303
consistent with existing criteria and guidelines as may be	160304
required for the distribution of appropriation item 235525,	160305
Geriatric Medicine.	160306

Section 363.360. PRIMARY CARE RESIDENCIES

160307

The Chancellor of the Board of Regents shall develop plans	160308
consistent with existing criteria and guidelines as may be	160309
required for the distribution of appropriation item 235526,	160310
Primary Care Residencies.	160311

The foregoing appropriation item 235526, Primary Care	160312
Residencies, shall be distributed in each fiscal year of the	160313
biennium, based on whether or not the institution has submitted	160314
and gained approval for a plan. If the institution does not have	160315
an approved plan, it shall receive five per cent less funding per	160316
student than it would have received from its annual allocation.	160317
The remaining funding shall be distributed among those	160318
institutions that meet or exceed their targets.	160319

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	160320
CENTER	160321

The foregoing appropriation item 235535, Ohio Agricultural	160322
Research and Development Center, shall be disbursed through the	160323
Chancellor of the Board of Regents to The Ohio State University in	160324
monthly payments, unless otherwise determined by the Director of	160325
Budget and Management under section 126.09 of the Revised Code.	160326
The Ohio Agricultural Research and Development Center shall not be	160327
required to remit payment to The Ohio State University during the	160328
biennium ending June 30, 2015, for cost reallocation assessments.	160329
The cost reallocation assessments include, but are not limited to,	160330
any assessment on state appropriations to the Center.	160331

The Ohio Agricultural Research and Development Center, an	160332
entity of the College of Food, Agricultural, and Environmental	160333
Sciences of The Ohio State University, shall further its mission	160334
of enhancing Ohio's economic development and job creation by	160335
continuing to internally allocate on a competitive basis	160336
appropriated funding of programs based on demonstrated	160337
performance. Academic units, faculty, and faculty-driven programs	160338
shall be evaluated and rewarded consistent with agreed-upon	160339
performance expectations as called for in the College's	160340
Expectations and Criteria for Performance Assessment.	160341

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

160342

The foregoing appropriation items 235536, The Ohio State	160343
University Clinical Teaching; 235537, University of Cincinnati	160344
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	160345
235539, Wright State University Clinical Teaching; 235540, Ohio	160346
University Clinical Teaching; and 235541, Northeast Ohio Medical	160347
University Clinical Teaching, shall be distributed through the	160348
Chancellor of the Board of Regents.	160349

Section 363.390. CAPITAL COMPONENT

160350

The foregoing appropriation item 235552, Capital Component,	160351
shall be used by the Chancellor of the Board of Regents to provide	160352
funding for prior commitments made pursuant to the state's former	160353
capital funding policy for state colleges and universities that	160354
was originally established in Am. H.B. 748 of the 121st General	160355
Assembly. Appropriations from this item shall be distributed to	160356
all campuses for which the estimated campus debt service	160357
attributable to qualifying capital projects was less than the	160358
campus's formula-determined capital component allocation. Campus	160359
allocations shall be determined by subtracting the estimated	160360
campus debt service attributable to qualifying capital projects	160361
from the campus's formula-determined capital component allocation.	160362
Moneys distributed from this appropriation item shall be	160363
restricted to capital-related purposes.	160364

Any campus for which the estimated campus debt service	160365
attributable to qualifying capital projects is greater than the	160366
campus's formula-determined capital component allocation shall	160367
have the difference subtracted from its State Share of Instruction	160368
allocation in each fiscal year. Appropriation equal to the sum of	160369
all such amounts except that of the Ohio Agricultural Research and	160370
Development Center shall be transferred from appropriation item	160371
235501, State Share of Instruction, to appropriation item 235552,	160372
Capital Component. Appropriation equal to any estimated Ohio	160373
Agricultural Research and Development Center debt service	160374
attributable to qualifying capital projects that is greater than	160375
the Center's formula-determined capital component allocation shall	160376
be transferred from appropriation item 235535, Ohio Agricultural	160377
Research and Development Center, to appropriation item 235552,	160378
Capital Component.	160379

Section 363.400. LIBRARY DEPOSITORIES

160380

The foregoing appropriation item, 235555, Library	160381
Depositories, shall be distributed to the state's five regional	160382
depository libraries for the cost-effective storage of and access	160383
to lesser-used materials in university library collections. The	160384
depositories shall be administrated by the Chancellor of the Board	160385
of Regents, or by OhioLINK at the discretion of the Chancellor.	160386

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

160387

The foregoing appropriation item 235556, Ohio Academic	160388
Resources Network, shall be used by the Chancellor of the Board of	160389
Regents to support the operations of the Ohio Academic Resources	160390
Network, a consortium organized under division (T) of section	160391
3333.04 of the Revised Code, which shall include support for	160392
Ohio's colleges and universities in maintaining and enhancing	160393
network connections, using new network technologies to improve	160394
research, education, and economic development programs, and	160395
sharing information technology services. To the extent network	160396
capacity is available, OARnet shall support allocating bandwidth	160397
to eligible programs directly supporting Ohio's economic	160398
development.	160399

Section 363.420. LONG-TERM CARE RESEARCH

160400

The foregoing appropriation item 235558, Long-term Care	160401
Research, shall be disbursed to Miami University for long-term	160402
care research.	160403

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

160404

(A) Except as provided in division (C) of this section:

160405

Of the foregoing appropriation item 235563, Ohio College	160406
Opportunity Grant, $41,000,000 in each fiscal year shall be used	160407
by the Chancellor of the Board of Regents to award need-based	160408
financial aid to students enrolled in eligible four-year public	160409
institutions of higher education, excluding early college high	160410
school and post-secondary enrollment option participants.	160411

Of the foregoing appropriation item 235563, Ohio College	160412
Opportunity Grant, $41,000,000 in each fiscal year shall be used	160413
by the Chancellor of the Board of Regents to award need-based	160414
financial aid to students enrolled in eligible private nonprofit	160415
institutions of higher education, excluding early college high	160416
school and post-secondary enrollment option participants.	160417

The remainder of the foregoing appropriation item 235563,	160418
Ohio College Opportunity Grant, shall be used by the Chancellor of	160419
the Board of Regents to award needs-based financial aid to	160420
students enrolled in eligible private for-profit career colleges	160421
and schools.	160422

(B)(1) As used in this section:

160423

(a) "Eligible institution" means any institution described in	160424
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	160425
Code.	160426

(b) The three "sectors" of institutions of higher education	160427
consist of the following:	160428

(i) State colleges and universities, community colleges,	160429
state community colleges, university branches, and technical	160430
colleges;	160431

(ii) Eligible private nonprofit institutions of higher	160432
education;	160433

(iii) Eligible private for-profit career colleges and	160434
schools.	160435

(2) If the Chancellor determines that the amounts	160436
appropriated for support of the Ohio College Opportunity Grant	160437
program are inadequate to provide grants to all eligible students	160438
as calculated under division (D) of section 3333.122 of the	160439
Revised Code, the Chancellor may create a distribution formula for	160440
fiscal year 2014 and fiscal year 2015 based on the formula used in	160441
fiscal year 2013, or may follow methods established in division	160442
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	160443
Chancellor shall notify the Controlling Board of the distribution	160444
method. Any formula calculated under this division shall be	160445
complete and established to coincide with the start of the	160446
2013-2014 academic year.	160447

(C) Prior to determining the amount of funds available to	160448
award under this section and section 3333.122 of the Revised Code,	160449
the Chancellor shall use the foregoing appropriation item 235563,	160450
Ohio College Opportunity Grant, to pay for renewals or partial	160451
renewals of scholarships students receive under the Ohio Academic	160452
Scholarship Program under sections 3333.21 and 3333.22 of the	160453
Revised Code. In paying for scholarships under this division, the	160454
Chancellor shall deduct funds from the allocations made under	160455
division (A) of this section. Deductions shall be proportionate to	160456
the amounts allocated to each sector from the total amounts	160457
appropriated for each sector under the foregoing appropriation	160458
item 235563, Ohio College Opportunity Grant.	160459

In each fiscal year, with the exception of sections 3333.121	160460
and 3333.124 of the Revised Code and Section 363.530 of this act,	160461
the Chancellor shall not distribute or obligate or commit to be	160462
distributed an amount greater than what is appropriated under the	160463
foregoing appropriation item 235563, Ohio College Opportunity	160464
Grant.	160465

(D) The Chancellor shall establish, and post on the Ohio	160466
Board of Regents' web site, award tables based on any formulas	160467
created under division (B) of this section. The Chancellor shall	160468
notify students and institutions of any reductions in awards under	160469
this section.	160470

On or before August 31, 2013, the Chancellor of the Board of	160471
Regents shall submit award tables to the Controlling Board for the	160472
2013-2014 academic year and allocations of Ohio College	160473
Opportunity Grant awards not already specified in section 3333.122	160474
of the Revised Code.	160475

(E) Notwithstanding section 3333.122 of the Revised Code, no	160476
student shall be eligible to receive an Ohio College Opportunity	160477
Grant for more than ten semesters, fifteen quarters, or the	160478
equivalent of five academic years, less the number of semesters or	160479
quarters in which the student received an Ohio Instructional	160480
Grant.	160481

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

160482

The foregoing appropriation item 235572, The Ohio State	160483
University Clinic Support, shall be distributed through the	160484
Chancellor of the Board of Regents to The Ohio State University	160485
for support of dental and veterinary medicine clinics.	160486

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

160487

The Chancellor of the Board of Regents shall disburse funds	160488
from appropriation item 235599, National Guard Scholarship	160489
Program. During each fiscal year, the Chancellor of the Board of	160490
Regents, within ten days of cancellation, may certify to the	160491
Director of Budget and Management the amount of canceled	160492
prior-year encumbrances in appropriation item 235599, National	160493
Guard Scholarship Program. Upon receipt of the certification, the	160494
Director of Budget and Management may transfer cash in an amount	160495
up to the amount certified from the General Revenue Fund to the	160496
National Guard Scholarship Reserve Fund (Fund 5BM0). The	160497
Chancellor of the Board of Regents shall seek Controlling Board	160498
approval to authorize additional expenditures for appropriation	160499
item 235623, National Guard Scholarship Reserve Fund. Upon	160500
approval of the Controlling Board, the additional amounts are	160501
hereby appropriated. The Chancellor of the Board of Regents shall	160502
disburse funds from appropriation item 235623, National Guard	160503
Scholarship Reserve Fund.	160504

Section 363.460. PLEDGE OF FEES

160505

Any new pledge of fees, or new agreement for adjustment of	160506
fees, made in the biennium ending June 30, 2015, to secure bonds	160507
or notes of a state institution of higher education for a project	160508
for which bonds or notes were not outstanding on the effective	160509
date of this section shall be effective only after approval by the	160510
Chancellor of the Board of Regents, unless approved in a previous	160511
biennium.	160512

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	160513
SERVICE	160514

The foregoing appropriation item 235909, Higher Education	160515
General Obligation Debt Service, shall be used to pay all debt	160516
service and related financing costs at the times they are required	160517
to be made during the period from July 1, 2013, through June 30,	160518
2015, for obligations issued under sections 151.01 and 151.04 of	160519
the Revised Code.	160520

Section 363.480. SALES AND SERVICES

160521

The Chancellor of the Board of Regents is authorized to	160522
charge and accept payment for the provision of goods and services.	160523
Such charges shall be reasonably related to the cost of producing	160524
the goods and services. Except as otherwise provided by law, no	160525
charges may be levied for goods or services that are produced as	160526
part of the routine responsibilities or duties of the Chancellor.	160527
All revenues received by the Chancellor of the Board of Regents	160528
shall be deposited into Fund 4560, and may be used by the	160529
Chancellor of the Board of Regents to pay for the costs of	160530
producing the goods and services.	160531

Section 363.483. CO-OP INTERNSHIP PROGRAM

160532

Of the foregoing appropriation item 235649, Co-op Internship	160533
Program, $200,000 in each fiscal year shall be used to support the	160534
Museum of Contemporary Art Cleveland fellowship program in	160535
collaboration with Cleveland State University.	160536

Of the foregoing appropriation item 235649, Co-op Internship	160537
Program, $75,000 in each fiscal year shall be used by the	160538
Chancellor of the Board of Regents to support the operations of	160539
Ohio University's Voinovich School.	160540

Of the foregoing appropriation item 235649, Co-op Internship	160541
Program, $75,000 in each fiscal year, shall be used by the	160542
Chancellor of the Board of Regents to support the operations of	160543
The Ohio State University's John Glenn School of Public Affairs.	160544

Of the foregoing appropriation item 235649, Co-op Internship	160545
Program, $75,000 in each fiscal year shall be used to support the	160546
Bliss Institute of Applied Politics at the University of Akron.	160547

Of the foregoing appropriation item 235649, Co-op Internship	160548
Program, $75,000 in each fiscal year shall be used to support the	160549
Center for Public Management and Regional Affairs at Miami	160550
University.	160551

Of the foregoing appropriation item 235649, Co-op Internship	160552
Program, $150,000 in each fiscal year shall be used to support the	160553
Washington Center Internship Program.	160554

Of the foregoing appropriation item 235649, Co-op Internship	160555
Program, $150,000 in each fiscal year shall be used to support the	160556
Ohio Center for the Advancement of Women in Public Service at the	160557
Maxine Goodman Levin College of Urban Affairs at Cleveland State	160558
University.	160559

Of the foregoing appropriation item 235649, Co-op Internship	160560
Program, $75,000 in each fiscal year shall be used to support the	160561
University of Cincinnati Internship Program.	160562

Of the foregoing appropriation item 235649, Co-op Internship	160563
Program, $75,000 in each fiscal year shall be used by the	160564
Chancellor of the Board of Regents to support the operations of	160565
the Center for Regional Development at Bowling Green State	160566
University.	160567

Of the foregoing appropriation item 235649, Co-op Internship	160568
Program, $75,000 in each fiscal year shall be used by the	160569
Chancellor of the Board of Regents to support the operations of	160570
the Institute for Defense Studies at Wright State University.	160571

Of the foregoing appropriation item 235649, Co-op Internship	160572
Program, $75,000 in each fiscal year shall be used to support the	160573
Kent State University Columbus Program.	160574

Of the foregoing appropriation item 235649, Co-op Internship	160575
Program, $75,000 in each fiscal year shall be used to support the	160576
University of Toledo Urban Affairs Center.	160577

Of the foregoing appropriation item 235649, Co-op Internship	160578
Program, $10,000 in each fiscal year shall be provided to the Ohio	160579
College Access Network to support the Ohio Student Education	160580
Policy Institute.	160581

Of the foregoing appropriation item 235649, Co-op Internship	160582
Program, $75,000 in each fiscal year shall be used to support the	160583
Center for Urban and Regional Studies at Youngstown State	160584
University.	160585

Section 363.485. DEFENSE/AEROSPACE WORKFORCE DEVELOPMENT	160586
INITIATIVE	160587

The foregoing appropriation item 235668, Defense/Aerospace	160588
Workforce Development Initiative, shall be used by the	160589
Defense/Aerospace Graduate Studies Institute, to collaborate with	160590
the aviation, aerospace, and defense industries, to strengthen job	160591
training programs, equip Ohio's workforce with needed skills, and	160592
strengthen and grow research and educational linkages among Ohio's	160593
defense and aerospace aviation industry, federal agencies, and the	160594
University System of Ohio. A portion of the foregoing	160595
appropriation item 235668, Defense/Aerospace Workforce Development	160596
Initiative, shall be allocated to develop a strategic plan to	160597
align the University System of Ohio's research and workforce	160598
development assets with the workforce needs of public and private	160599
sector employers. A portion of these funds shall be used to	160600
support the Aerospace Professional Development Center to establish	160601
processes necessary to link underemployed or unemployed persons to	160602
job openings in these industries. The funds appropriated in this	160603
appropriation item shall be matched by private industry or	160604
educational partners or federal agencies in the aggregate amount	160605
of $4,000,000 over the FY 2014–FY 2015 biennium.	160606

Section 363.487. MANUFACTURING WORKFORCE DEVELOPMENT	160607
INITIATIVE	160608

Of the foregoing appropriation item 235685, Manufacturing	160609
Workforce Development Initiative, $1,000,000 in fiscal year 2014	160610
shall be used for a demonstration project to purchase portable	160611
welding stations made from large shipping containers and high	160612
level advanced training equipment for use by Lorain County	160613
Community College.	160614

Of the foregoing appropriation item 235685, Manufacturing	160615
Workforce Development Initiative, $1,000,000 in fiscal year 2014	160616
shall be used for a demonstration project to purchase portable	160617
welding stations made from large shipping containers and high	160618
level advanced training equipment for use at the Point Industrial	160619
Park in South Point.	160620

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	160621
ADMINISTRATION	160622

The foregoing appropriation item 235602, Higher Educational	160623
Facility Commission Administration, shall be used by the	160624
Chancellor of the Board of Regents for operating expenses related	160625
to the Chancellor of the Board of Regents' support of the	160626
activities of the Ohio Higher Educational Facility Commission.	160627
Upon the request of the Chancellor, the Director of Budget and	160628
Management may transfer up to $29,100 cash in each fiscal year	160629
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	160630
Administration Fund (Fund 4E80).	160631

Section 363.500. NURSING LOAN PROGRAM

160632

The foregoing appropriation item 235606, Nursing Loan	160633
Program, shall be used to administer the nurse education	160634
assistance program. Up to $50,000 in each fiscal year may be used	160635
for operating expenses associated with the program. Any additional	160636
funds needed for the administration of the program are subject to	160637
Controlling Board approval.	160638

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

160639

Of the foregoing appropriation item 235674, Telecommunity and	160640
Distance Learning, up to $25,000 in each fiscal year shall be	160641
distributed by the Chancellor of the Board of Regents on a grant	160642
basis to eligible school districts to establish "distance	160643
learning" through interactive video technologies in the school	160644
district. Per agreements with eight Ohio local telephone	160645
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	160646
Telephone Company, Cincinnati Bell Telephone Company, Orwell	160647
Telephone Company, Sprint North Central Telephone, VERIZON, and	160648
Western Reserve Telephone Company, school districts are eligible	160649
for funds if they are within one of the listed telephone company	160650
service areas. Funds to administer the program shall be expended	160651
by the Chancellor of the Board of Regents up to the amount	160652
specified in the agreements with the listed telephone companies.	160653

Within thirty days after the effective date of this section,	160654
the Director of Budget and Management shall transfer to Fund 4X10	160655
in the State Special Revenue Fund Group any investment earnings	160656
from moneys paid by any telephone company as part of any	160657
settlement agreement between the listed companies and the Public	160658
Utilities Commission in fiscal years 1996 and beyond.	160659

Of the foregoing appropriation item 235674, Telecommunity and	160660
Distance Learning, up to $24,150 in each fiscal year shall be	160661
distributed by the Chancellor of the Board of Regents on a grant	160662
basis to eligible school districts to establish "distance	160663
learning" in the school district. Per an agreement with Ameritech,	160664
school districts are eligible for funds if they are within an	160665
Ameritech service area. Funds to administer the program shall be	160666
expended by the Chancellor of the Board of Regents up to the	160667
amount specified in the agreement with Ameritech.	160668

Within thirty days after the effective date of this section,	160669
the Director of Budget and Management shall transfer to Fund 4X10	160670
in the State Special Revenue Fund Group any investment earnings	160671
from moneys paid by any telephone company as part of a settlement	160672
agreement between the company and the Public Utilities Commission	160673
in fiscal year 1995.	160674

Section 363.520. VETERANS PREFERENCES

160675

The Chancellor of the Board of Regents shall work with the	160676
Department of Veterans Services to develop specific veterans	160677
preference guidelines for higher education institutions. These	160678
guidelines shall ensure that the institutions' hiring practices	160679
are in accordance with the intent of Ohio's veterans preference	160680
laws.	160681

Section 363.530. STATE NEED-BASED FINANCIAL AID	160682
RECONCILIATION	160683

By the first day of August in each fiscal year, or as soon as	160684
possible thereafter, the Chancellor of the Board of Regents shall	160685
certify to the Director of Budget and Management the amount	160686
necessary to pay any outstanding prior year obligations to higher	160687
education institutions for the state's need-based financial aid	160688
programs. The amounts certified are hereby appropriated to	160689
appropriation item 235618, State Need-based Financial Aid	160690
Reconciliation, from revenues received in the State Need-based	160691
Financial Aid Reconciliation Fund (Fund 5Y50).	160692

Section 363.540. (A) As used in this section:

160693

(1) "Board of trustees" includes the managing authority of a	160694
university branch district.	160695

(2) "State institution of higher education" has the same	160696
meaning as in section 3345.011 of the Revised Code.	160697

(B) The board of trustees of any state institution of higher	160698
education, notwithstanding any rule of the institution to the	160699
contrary, may adopt a policy providing for mandatory furloughs of	160700
employees, including faculty, to achieve spending reductions	160701
necessitated by institutional budget deficits.	160702

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

160703

The Chancellor of the Board of Regents shall establish an	160704
efficiency advisory committee for the purpose of generating	160705
optimal efficiency plans for campuses, identifying shared services	160706
opportunities, and sharing best practices. The efficiency advisory	160707
committee shall also explore methods for reducing the costs for	160708
students for textbooks and other education resource materials. The	160709
committee shall meet at the call of the Chancellor or the	160710
Chancellor's designee, but at least quarterly. Each state	160711
institution of higher education shall designate an employee to	160712
serve as its efficiency officer responsible for the evaluation and	160713
improvement of operational efficiencies on campus. Each efficiency	160714
officer shall serve on the efficiency advisory committee.	160715

By December 31 of each year, the Efficiency Advisory	160716
Committee shall provide a report to the Office of Budget and	160717
Management, the Governor, and the General Assembly compiling the	160718
operational efficiency plans for all institutions of higher	160719
education and benchmarking efficiency gains realized over the	160720
preceding year and progress in implementing the prior year's	160721
efficiency plan. The report shall also be made available to the	160722
public on the Ohio Board of Regents web site.	160723

Section 363.570. (A) FUND ABOLITION

160724

On July 1, 2013, or as soon as possible thereafter, the	160725
Director of Budget and Management shall transfer the cash balance	160726
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	160727
Distance Learning Fund (Fund 4X10). Upon completion of the	160728
transfer, the eTech Ohio Telecommunity Education Fund (Fund	160729
4W90)is hereby abolished.	160730

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	160731
ITEM TRANSFER	160732

Effective July 1, 2013, the Director of Budget and Management	160733
shall cancel any existing encumbrances against appropriation item	160734
935411, Technology Integration and Professional Development, and	160735
re-establish them, as determined to be appropriate by the Director	160736
of Budget and Management, against appropriation item 235483,	160737
Technology Integration and Professional Development. The	160738
re-established encumbrance amounts are hereby appropriated. Any	160739
business commenced but not completed under appropriation item	160740
935411, Technology Integration and Professional Development, by	160741
July 1, 2013, shall be completed, as determined to be appropriate	160742
by the Director of Budget and Management, under appropriation item	160743
235483, Technology Integration and Professional Development, in	160744
the same manner and with the same effect as if it were completed	160745
with regard to appropriation item 935411, Technology Integration	160746
and Professional Development.	160747

Effective July 1, 2013, the Director of Budget and Management	160748
shall cancel any existing encumbrances against appropriation item	160749
935640, Conference/Special Purposes, and re-establish them against	160750
appropriation item 235675, Conference/Special Purposes. The	160751
re-established encumbrance amounts are hereby appropriated. Any	160752
business commenced but not completed under appropriation item	160753
935640, Conference/Special Purposes, by July 1, 2013, shall be	160754
completed under appropriation item 235675, Conference/Special	160755
Purposes, in the same manner and with the same effect as if it	160756
were completed with regard to appropriation item 935640,	160757
Conference/Special Purposes.	160758

Effective July 1, 2013, the Director of Budget and Management	160759
shall cancel any existing encumbrances against appropriation item	160760
935630, Telecommunity, and cancel any existing encumbrances	160761
against appropriation item 935634, Distance Learning, and	160762
re-establish them against appropriation item 235674, Telecommunity	160763
and Distance Learning. The re-established encumbrance amounts are	160764
hereby appropriated. Any business commenced but not completed	160765
under appropriation items 935630, Telecommunity, and 935634,	160766
Distance Learning, by July 1, 2013, shall be completed under	160767
appropriation item 235674, Telecommunity and Distance Learning, in	160768
the same manner and with the same effect as if it were completed	160769
with regard to appropriation items 935630, Telecommunity, and	160770
935634, Distance Learning.	160771

On July 1, 2013, or as soon as possible thereafter, the	160772
Director of Budget and Management shall cancel any existing	160773
capital appropriations and capital encumbrances of the former	160774
eTech Ohio Commission in the Higher Education Improvement Fund	160775
(Fund 7034), and re-establish them with the Chancellor of the	160776
Board of Regents in the Higher Education Improvement Fund (Fund	160777
7034). The re-established amounts are hereby appropriated.	160778

Effective July 1, 2013, notwithstanding any provision of the	160779
law to the contrary, the Director of Budget and Management may	160780
make budget changes made necessary by the transfer of the former	160781
eTech Ohio Commission to the Chancellor of the Board of Regents,	160782
if any, including administrative organization, program transfers,	160783
the creation of new funds, the transfer of state funds, the	160784
consolidation of funds, and the transfer of capital	160785
appropriations, as authorized by this section. The Director of	160786
Budget and Management may, if necessary, establish prior year	160787
encumbrances or parts of prior year encumbrances of the former	160788
eTech Ohio Commission with the Chancellor of the Board of Regents	160789
in the appropriate fund and appropriation item for the same	160790
purpose and for payment to the same vendor in fiscal year 2014 or	160791
fiscal year 2015. The established encumbrances plus any additional	160792
amounts determined to be necessary for the Chancellor of the Board	160793
of Regents to perform the operations and related management	160794
functions of the former eTech Ohio Commission are hereby	160795
appropriated.	160796

160797

Beginning in fiscal year 2014, the annual eTech Ohio	160798
Conference will be overseen by a Conference Operation Office	160799
comprised of employees of the Chancellor of the Board of Regents	160800
and Department of Education, including former employees of the	160801
eTech Ohio Commission transferred to the Chancellor of the Board	160802
of Regents and the Department of Education. The Office shall be	160803
responsible for conferences that focus on professional development	160804
in the education field, educational technology, distance learning,	160805
and other education topics pertinent to the State of Ohio.	160806

(D) TRANSFER OF CAPITAL DUTIES

160807

As of July 1, 2013, the Chancellor of the Board of Regents	160808
shall succeed to and have and perform all fiduciary duties and	160809
responsibilities previously held by the Director of eTech Ohio for	160810
all outstanding capital appropriations designated for use by eTech	160811
Ohio.	160812

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

160813

(A) The Electronic Textbook Pilot Project is hereby	160814
established to provide grants on a competitive basis to public and	160815
chartered nonpublic schools to purchase electronic textbooks,	160816
electronic educational content, and professional development and	160817
training resources through the learning clearinghouse established	160818
in section 3333.81 to 3333.88. The Electronic Textbook Pilot	160819
Project shall be administered by the Chancellor of the Board of	160820
Regents.	160821

(B) The Chancellor shall have the authority to set the grant	160822
criteria and to select grant recipients. In awarding grants under	160823
this section, the Chancellor shall establish the criteria for	160824
determining which applicants will be considered a priority for	160825
receiving grant funds.	160826

(C) Not later than January 31, 2014, the Chancellor shall	160827
issue a request for proposals from eligible schools.	160828

(D) Not later than May 31, 2014, the Chancellor shall award	160829
grants for use during the 2014-2015 school year.	160830

(E) The Chancellor and Superintendent of Public Instruction	160831
jointly shall notify schools of and promote participation in the	160832
pilot project.	160833

(F) Not later than December 31, 2015, the Chancellor shall	160834
submit to the Governor and the General Assembly, in accordance	160835
with section 101.68 of the Revised Code, a formative evaluation of	160836
the implementation and results of the pilot project and	160837
legislative recommendations for any changes in the pilot project.	160838

(G) The number of grants awarded under this section shall not	160839
exceed the number that can be funded with appropriations made by	160840
the General Assembly for this purpose.	160841

Section 363.590. COLLEGE CREDIT PLUS PROGRAM

160842

The Chancellor shall make recommendations to the General	160843
Assembly to establish the College Credit Plus program, whereby	160844
high school students may earn credits through Ohio institutions of	160845
higher education. The Chancellor shall consult with the	160846
Inter-University Council of Ohio, the Association of Independent	160847
Colleges and Universities of Ohio, the Ohio Association of	160848
Community Colleges, and the Superintendent of Public Instruction	160849
in developing the recommendations. The Chancellor shall provide a	160850
report of the recommendation to the Governor, the President of the	160851
Senate, and the Speaker of the House of Representatives by	160852
December 31, 2013, for implementation in the 2014-2015 academic	160853
year.	160854

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	160855
CORRECTION	160856

General Revenue Fund	160857

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	160858
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	160859
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	160860
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	160861
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	160862
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	160863
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	160864
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	160865
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	160866
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	160867
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	160868
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	160869

General Services Fund Group	160870

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	160871
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	160872
4830	501605	Property Receipts	$	582,086	$	582,086	160873
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	160874
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	160875
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	160876
4S50	501608	Education Services	$	4,114,782	$	4,114,782	160877
5710	501606	Training Academy Receipts	$	125,000	$	125,000	160878
5930	501618	Laboratory Services	$	3,750,000	$	0	160879
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	160880
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	160881
5L60	501611	Information Technology Services	$	250,000	$	250,000	160882
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	160883

Federal Special Revenue Fund Group	160884

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	160885
TOTAL FED Federal Special Revenue							160886
Fund Group			$	7,132,943	$	7,132,943	160887

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

160888

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	160889
SENTENCING REFORMS	160890

For the purposes of implementing criminal sentencing reforms,	160891
and notwithstanding any other provision of law to the contrary,	160892
the Director of Budget and Management, at the request of the	160893
Director of Rehabilitation and Correction, may transfer up to	160894
$14,000,000 in appropriations, in each of fiscal years 2014 and	160895
2015, from appropriation item 501321, Institutional Operations, to	160896
any combination of appropriation items 501405, Halfway House;	160897
501407, Community Residential Programs; 501408, Community	160898
Misdemeanor Programs; and 501501, Community Residential Programs -	160899
CBCF.	160900

LEASE RENTAL PAYMENTS

160901

The foregoing appropriation item 501406, Lease Rental	160902
Payments, shall be used to meet all payments at the times they are	160903
required to be made during the period from July 1, 2013, through	160904
June 30, 2015, by the Department of Rehabilitation and Correction	160905
under the primary leases and agreements for those buildings made	160906
under Chapters 152. and 154. of the Revised Code. These	160907
appropriations are the source of funds pledged for bond service	160908
charges on related obligations issued under Chapters 152. and 154.	160909
of the Revised Code.	160910

OSU MEDICAL CHARGES

160911

Notwithstanding section 341.192 of the Revised Code, at the	160912
request of the Department of Rehabilitation and Correction, The	160913
Ohio State University Medical Center, including the Arthur G.	160914
James Cancer Hospital and Richard J. Solove Research Institute and	160915
the Richard M. Ross Heart Hospital, shall provide necessary care	160916
to persons who are confined in state adult correctional	160917
facilities. The provision of necessary care shall be billed to the	160918
Department at a rate not to exceed the authorized reimbursement	160919
rate for the same service established by the Department of	160920
Medicaid under the Medicaid Program.	160921

CORRECTIVE CASH TRANSFER

160922

At the request of the Director of Rehabilitation and	160923
Correction, the Director of Budget and Management may transfer an	160924
amount not to exceed $2,391 in cash that was mistakenly deposited	160925
in the Federal Grants Fund (Fund 3230) to the General Revenue	160926
Fund.	160927

Section 369.10. RCB RESPIRATORY CARE BOARD

160928

General Services Fund Group	160929

4K90	872609	Operating Expenses	$	552,876	$	545,246	160930
TOTAL GSF General Services							160931
Fund Group			$	552,876	$	545,246	160932
TOTAL ALL BUDGET FUND GROUPS			$	552,876	$	545,246	160933

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

160935

Special State Revenue Fund Group	160936

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		160937
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		160938

Volunteer Firefighters' Dependents Fund	160939

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	160940
TOTAL 085 Volunteer Firefighters'							160941
Dependents Fund			$	300,000	$	300,000	160942

Agency Fund Group	160943

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	160944
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	160945
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	160946
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	160947
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	160948
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	160949
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	160950
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	160951
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	160952

Holding Account Redistribution	160953

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	160954
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	160955
Revenue Distribution Fund Group							160956
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	160957
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	160958
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	160959
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	160960
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	160961
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	160962
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	160963
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	160964
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	160965
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	160966
7082	110982	Horse Racing Tax	$	100,000	$	100,000	160967
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	160968
TOTAL RDF Revenue Distribution							160969
Fund Group			$	1,873,899,000	$	1,857,799,000	160970
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	160971

ADDITIONAL APPROPRIATIONS

160972

Appropriation items in this section shall be used for the	160973
purpose of administering and distributing the designated revenue	160974
distribution funds according to the Revised Code. If it is	160975
determined that additional appropriations are necessary for this	160976
purpose, such amounts are hereby appropriated.	160977

GENERAL REVENUE FUND TRANSFERS

160978

Notwithstanding any provision of law to the contrary, in	160979
fiscal year 2014 and fiscal year 2015, the Director of Budget and	160980
Management may transfer from the General Revenue Fund to the Local	160981
Government Tangible Property Tax Replacement Fund (Fund 7081) in	160982
the Revenue Distribution Fund Group, those amounts necessary to	160983
reimburse local taxing units under section 5751.22 of the Revised	160984
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	160985
of Budget and Management may make temporary transfers from the	160986
General Revenue Fund to ensure sufficient balances in the Local	160987
Government Tangible Property Tax Replacement Fund (Fund 7081) and	160988
to replenish the General Revenue Fund for such transfers.	160989

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

160990

General Services Fund Group	160991

4K90	893609	Operating Expenses	$	137,850	$	129,850	160992
TOTAL GSF General Services							160993
Fund Group			$	137,850	$	129,850	160994
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	160995

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

160997

General Revenue Fund	160998

GRF	226321		Operations		$	7,278,579		$	7,278,579		160999
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		161000

General Services Fund Group	161001

4H80	226602	Education Reform Grants	$	27,000	$	27,000	161002
5NJ0	226622	Food Service Program	$	9,000	$	9,000	161003
TOTAL GSF General Services							161004
Fund Group			$	36,000	$	36,000	161005

Federal Special Revenue Fund Group	161006

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	161007
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	161008
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	161009
TOTAL FED Federal Special							161010
Revenue Fund Group			$	3,227,104	$	3,227,104	161011

State Special Revenue Fund Group	161012

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	161013
TOTAL SSR State Special Revenue							161014
Fund Group			$	461,521	$	461,521	161015
TOTAL ALL BUDGET FUND GROUPS			$	11,003,204	$	11,003,204	161016

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

161018

General Revenue Fund	161019

GRF	221321		Operations		$	8,727,657		$	8,727,657		161020
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		161021

General Services Fund Group	161022

4M10	221602	Education Reform Grants	$	35,000	$	35,000	161023
5NK0	221610	Food Service Program	$	9,000	$	9,000	161024
TOTAL GSF General Services							161025
Fund Group			$	44,000	$	44,000	161026

Federal Special Revenue Fund Group	161027

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	161028
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	161029
TOTAL FED Federal Special							161030
Revenue Fund Group			$	2,188,245	$	2,188,245	161031

State Special Revenue Fund Group	161032

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	161033
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	161034
TOTAL SSR State Special Revenue							161035
Fund Group			$	130,000	$	130,000	161036
TOTAL ALL BUDGET FUND GROUPS			$	11,089,902	$	11,089,902	161037

Section 381.10. SOS SECRETARY OF STATE

161039

General Revenue Fund	161040

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	161041
GRF	050407	Pollworkers Training	$	234,196	$	234,196	161042
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	161043

General Services Fund Group	161044

4120	050609	Notary Commission	$	475,000	$	475,000	161045
4130	050601	Information Systems	$	49,000	$	49,000	161046
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	161047
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	161048
TOTAL General Services Fund Group			$	611,200	$	611,200	161049

Federal Special Revenue Fund Group	161050

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	161051
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	161052
TOTAL FED Federal Special Revenue							161053
Fund Group			$	2,010,000	$	2,010,000	161054

State Special Revenue Fund Group	161055

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	161056
TOTAL SSR State Special Revenue							161057
Fund Group			$	14,385,400	$	14,385,400	161058

Holding Account Redistribution Fund Group	161059

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	161060
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	161061
TOTAL 090 Holding Account							161062
Redistribution Fund Group			$	115,000	$	115,000	161063
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	161064

POLLWORKER TRAINING

161065

The foregoing appropriation item 050407, Pollworkers	161066
Training, shall be used to reimburse county boards of elections	161067
for pollworker training pursuant to section 3501.27 of the Revised	161068
Code. At the end of fiscal year 2014, an amount equal to the	161069
unexpended, unencumbered portion of appropriation item 050407,	161070
Pollworkers Training, is hereby reappropriated in fiscal year 2015	161071
for the same purpose.	161072

BOARD OF VOTING MACHINE EXAMINERS

161073

The foregoing appropriation item 050610, Board of Voting	161074
Machine Examiners, shall be used to pay for the services and	161075
expenses of the members of the Board of Voting Machine Examiners,	161076
and for other expenses that are authorized to be paid from the	161077
Board of Voting Machine Examiners Fund, which is created in	161078
section 3506.05 of the Revised Code. Moneys not used shall be	161079
returned to the person or entity submitting equipment for	161080
examination. If it is determined that additional appropriations	161081
are necessary, such amounts are hereby appropriated.	161082

HAVA FUNDS

161083

An amount equal to the unexpended, unencumbered portion of	161084
appropriation item 050614, Election Reform/Health and Human	161085
Services, at the end of fiscal year 2014 is reappropriated for the	161086
same purpose in fiscal year 2015.	161087

An amount equal to the unexpended, unencumbered portion of	161088
appropriation item 050616, Help America Vote Act (HAVA), at the	161089
end of fiscal year 2014 is reappropriated for the same purpose in	161090
fiscal year 2015.	161091

The Director of Budget and Management shall credit the	161092
ongoing interest earnings from the Election Reform/Health and	161093
Human Services Fund (Fund 3AH0) and the Help America Vote Act	161094
(HAVA) (Fund 3AS0) to the respective funds and distribute these	161095
earnings in accordance with the terms of the grant under which the	161096
money is received.	161097

MISCELLANEOUS FEDERAL GRANTS

161098

On July 1, 2013, or as soon as possible thereafter, the	161099
Director of Budget and Management shall transfer from the General	161100
Revenue Fund (GRF) all investment earnings and amounts equal to	161101
the interest earnings that were attributable to the Miscellaneous	161102
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	161103
2013. The Director of Budget and Management shall credit the	161104
ongoing interest earnings from Fund 3FM0 to that fund and	161105
distribute these earnings in accordance with the terms of the	161106
grant under which the money was received.	161107

HOLDING ACCOUNT REDISTRIBUTION GROUP

161108

The foregoing appropriation items 050605, Uniform Commercial	161109
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	161110
be used to hold revenues until they are directed to the	161111
appropriate accounts or until they are refunded. If it is	161112
determined that additional appropriations are necessary, such	161113
amounts are hereby appropriated.	161114

Section 383.10. SEN THE OHIO SENATE

161115

General Revenue Fund	161116

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		161117
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		161118

General Services Fund Group	161119

1020	020602	Senate Reimbursement	$	852,001	$	852,001	161120
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	161121
TOTAL GSF General Services							161122
Fund Group			$	886,498	$	886,498	161123
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	161124

OPERATING EXPENSES

161125

On July 1, 2013, or as soon as possible thereafter, the Clerk	161126
of the Senate may certify to the Director of Budget and Management	161127
the amount of the unexpended, unencumbered balance of the	161128
foregoing appropriation item 020321, Operating Expenses, at the	161129
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	161130
The amount certified is hereby reappropriated to the same	161131
appropriation item for fiscal year 2014.	161132

On July 1, 2014, or as soon as possible thereafter, the Clerk	161133
of the Senate may certify to the Director of Budget and Management	161134
the amount of the unexpended, unencumbered balance of the	161135
foregoing appropriation item 020321, Operating Expenses, at the	161136
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	161137
The amount certified is hereby reappropriated to the same	161138
appropriation item for fiscal year 2015.	161139

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

161140

General Revenue Fund	161141

GRF	866321		CSV Operations		$	286,661		$	294,072		161142
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		161143

General Services Fund	161144

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		161145
TOTAL GSF General Services Fund					$	30,000		$	30,000		161146

Federal Special Revenue Fund Group	161147

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	161148
TOTAL FED Federal Special Revenue							161149
Fund Group			$	7,447,000	$	7,447,000	161150
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	161151

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

161153

Debt Service Fund Group	161154

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	161155
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	161156
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	161157
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	161158
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	161159
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	161160
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	161161
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	161162
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	161163
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	161164
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	161165
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	161166

ADDITIONAL APPROPRIATIONS

161167

Appropriation items in this section are for the purpose of	161168
paying debt service and financing costs on bonds or notes of the	161169
state issued under the Ohio Constitution and acts of the General	161170
Assembly. If it is determined that additional amounts are	161171
necessary for this purpose, such amounts are hereby appropriated.	161172

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	161173
DEVELOPMENT FOUNDATION	161174

Tobacco Master Settlement Agreement Fund Group	161175

5M90	945601	Operating Expenses	$	426,800	$	426,800	161176
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	161177
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	161178

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	161180
AUDIOLOGY	161181

General Services Fund Group	161182

4K90	886609	Operating Expenses	$	472,260	$	508,660	161183
TOTAL GSF General Services							161184
Fund Group			$	472,260	$	508,660	161185
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	161186

Section 393.10. BTA BOARD OF TAX APPEALS

161188

General Revenue Fund	161189

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	161190
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	161191
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	161192

Section 395.10. TAX DEPARTMENT OF TAXATION

161194

General Revenue Fund	161195

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	161196
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	161197
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	161198
TOTAL GRF General Revenue Fund			$	739,386,530	$	761,452,132	161199

General Services Fund Group	161200

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	161201
4330	110602	Tape File Account	$	175,000	$	175,000	161202
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	161203
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	161204
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	161205
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	161206
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	161207
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	161208
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	161209
TOTAL GSF General Services							161210
Fund Group			$	33,492,810	$	33,492,810	161211

State Special Revenue Fund Group	161212

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	161213
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	161214
4370	110606	Income Tax Contribution	$	38,800	$	38,800	161215
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	161216
4C60	110616	International Registration Plan	$	682,415	$	682,415	161217
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	161218
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	161219
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	161220
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	161221
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	161222
TOTAL SSR State Special Revenue							161223
Fund Group			$	36,287,450	$	36,987,450	161224

Agency Fund Group	161225

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	161226
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	161227
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	161228

Holding Account Redistribution Fund Group	161229

R010	110611	Tax Distributions	$	50,000	$	50,000	161230
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	161231
TOTAL 090 Holding Account							161232
Redistribution Fund Group			$	100,000	$	100,000	161233
TOTAL ALL BUDGET FUND GROUPS			$	2,377,066,790	$	2,399,832,392	161234

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

161235

The foregoing appropriation item 110901, Property Tax	161236
Allocation - Taxation, is hereby appropriated to pay for the	161237
state's costs incurred due to the Homestead Exemption, the	161238
Manufactured Home Property Tax Rollback, and the Property Tax	161239
Rollback. The Tax Commissioner shall distribute these funds	161240
directly to the appropriate local taxing districts, except for	161241
school districts, notwithstanding the provisions in sections	161242
321.24 and 323.156 of the Revised Code, which provide for payment	161243
of the Homestead Exemption, the Manufactured Home Property Tax	161244
Rollback, and Property Tax Rollback by the Tax Commissioner to the	161245
appropriate county treasurer and the subsequent redistribution of	161246
these funds to the appropriate local taxing districts by the	161247
county auditor.	161248

Upon receipt of these amounts, each local taxing district	161249
shall distribute the amount among the proper funds as if it had	161250
been paid as real property taxes. Payments for the costs of	161251
administration shall continue to be paid to the county treasurer	161252
and county auditor as provided for in sections 319.54, 321.26, and	161253
323.156 of the Revised Code.	161254

Any sums, in addition to the amounts specifically	161255
appropriated in appropriation item 110901, Property Tax Allocation	161256
- Taxation, for the Homestead Exemption, the Manufactured Home	161257
Property Tax Rollback, and the Property Tax Rollback payments,	161258
which are determined to be necessary for these purposes, are	161259
hereby appropriated.	161260

MUNICIPAL INCOME TAX

161261

The foregoing appropriation item 110995, Municipal Income	161262
Tax, shall be used to make payments to municipal corporations	161263
under section 5745.05 of the Revised Code. If it is determined	161264
that additional appropriations are necessary to make such	161265
payments, such amounts are hereby appropriated.	161266

TAX REFUNDS

161267

The foregoing appropriation item 110635, Tax Refunds, shall	161268
be used to pay refunds under section 5703.052 of the Revised Code.	161269
If it is determined that additional appropriations are necessary	161270
for this purpose, such amounts are hereby appropriated.	161271

INTERNATIONAL REGISTRATION PLAN AUDIT

161272

The foregoing appropriation item 110616, International	161273
Registration Plan, shall be used under section 5703.12 of the	161274
Revised Code for audits of persons with vehicles registered under	161275
the International Registration Plan.	161276

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

161277

Of the foregoing appropriation item 110607, Local Tax	161278
Administration, the Tax Commissioner may disburse funds, if	161279
available, for the purposes of paying travel expenses incurred by	161280
members of Ohio's delegation to the Streamlined Sales Tax Project,	161281
as appointed under section 5740.02 of the Revised Code. Any travel	161282
expense reimbursement paid for by the Department of Taxation shall	161283
be done in accordance with applicable state laws and guidelines.	161284

TOBACCO SETTLEMENT ENFORCEMENT

161285

The foregoing appropriation item 110404, Tobacco Settlement	161286
Enforcement, shall be used by the Tax Commissioner to pay costs	161287
incurred in the enforcement of divisions (F) and (G) of section	161288
5743.03 of the Revised Code.	161289

STARS DEVELOPMENT AND IMPLEMENTATION FUND

161290

The foregoing appropriation item 110638, STARS Development	161291
and Implementation Fund, shall be used to pay costs incurred in	161292
the development and implementation of the department's State Tax	161293
Accounting and Revenue System. The Director of Budget and	161294
Management, under a plan submitted by the Tax Commissioner, or as	161295
otherwise determined by the Director of Budget and Management,	161296
shall set a schedule to transfer cash from the Tax Reform System	161297
Implementation Fund, Local Tax Administration Fund, School	161298
District Income Tax Fund, Discovery Project Fund, and the Motor	161299
Fuel Tax Administration Fund to the credit of the STARS	161300
Development and Implementation Fund (Fund 5MN0). The transfers of	161301
cash shall not exceed $8,000,000 in the biennium.	161302

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

161303

General Revenue Fund	161304

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	161305
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	161306
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	161307
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	161308
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	161309

Section 399.10. TOS TREASURER OF STATE

161311

General Revenue Fund	161312

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	161313
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	161314
GRF	090402	Continuing Education	$	377,702	$	377,702	161315
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	161316
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	161317
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	161318
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	161319
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	161320

General Services Fund Group	161321

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	161322
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	161323
5C50	090602	County Treasurer Education	$	170,057	$	170,057	161324
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	161325
TOTAL GSF General Services							161326
Fund Group			$	5,620,057	$	5,620,057	161327

Agency Fund Group	161328

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	161329
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	161330
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	161331

Section 399.20. OFFICE OF THE SINKING FUND

161333

The foregoing appropriation item 090401, Office of the	161334
Sinking Fund, shall be used for costs incurred by or on behalf of	161335
the Commissioners of the Sinking Fund and the Ohio Public	161336
Facilities Commission with respect to State of Ohio general	161337
obligation bonds or notes, and the Treasurer of State with respect	161338
to State of Ohio general obligation and special obligation bonds	161339
or notes, including, but not limited to, printing, advertising,	161340
delivery, rating fees and the procurement of ratings, professional	161341
publications, membership in professional organizations, and other	161342
services referred to in division (D) of section 151.01 of the	161343
Revised Code. The General Revenue Fund shall be reimbursed for	161344
such costs relating to the issuance and administration of Highway	161345
Capital Improvement bonds or notes authorized under Ohio	161346
Constitution, Article VIII, Section 2m and Chapter 151. of the	161347
Revised Code. That reimbursement shall be made from appropriation	161348
item 155902, Highway Capital Improvement Bond Retirement Fund, by	161349
intrastate transfer voucher pursuant to a certification by the	161350
Office of the Sinking Fund of the actual amounts used. The amounts	161351
necessary to make such a reimbursement are hereby appropriated	161352
from the Highway Capital Improvement Bond Retirement Fund created	161353
in section 151.06 of the Revised Code.	161354

POLICE AND FIRE DEATH BENEFIT FUND

161355

The foregoing appropriation item 090575, Police and Fire	161356
Death Benefits, shall be disbursed quarterly by the Treasurer of	161357
State at the beginning of each quarter of each fiscal year to the	161358
Board of Trustees of the Ohio Police and Fire Pension Fund. The	161359
Treasurer of State shall certify such amounts quarterly to the	161360
Director of Budget and Management. By the twentieth day of June of	161361
each fiscal year, the Board of Trustees of the Ohio Police and	161362
Fire Pension Fund shall certify to the Treasurer of State the	161363
amount disbursed in the current fiscal year to make the payments	161364
required by section 742.63 of the Revised Code and shall return to	161365
the Treasurer of State moneys received from this appropriation	161366
item but not disbursed.	161367

TAX REFUNDS

161368

The foregoing appropriation item 090635, Tax Refunds, shall	161369
be used to pay refunds under section 5703.052 of the Revised Code.	161370
If the Director of Budget and Management determines that	161371
additional amounts are necessary for this purpose, such amounts	161372
are hereby appropriated.	161373

Section 401.10. VTO VETERANS' ORGANIZATIONS

161374

General Revenue Fund	161375

VAP AMERICAN EX-PRISONERS OF WAR	161376

GRF

743501

State Support

28,910

161377

VAN ARMY AND NAVY UNION, USA, INC.	161378

GRF

746501

State Support

63,539

161379

VKW KOREAN WAR VETERANS	161380

GRF

747501

State Support

57,118

161381

VJW JEWISH WAR VETERANS	161382

GRF

748501

State Support

34,321

161383

VCW CATHOLIC WAR VETERANS	161384

GRF

749501

State Support

66,978

161385

VPH MILITARY ORDER OF THE PURPLE HEART	161386

GRF

750501

State Support

65,116

161387

VVV VIETNAM VETERANS OF AMERICA	161388

GRF

751501

State Support

214,776

161389

VAL AMERICAN LEGION OF OHIO	161390

GRF

752501

State Support

349,189

161391

VII AMVETS	161392

GRF

753501

State Support

332,547

161393

VAV DISABLED AMERICAN VETERANS	161394

GRF

754501

State Support

249,836

161395

VMC MARINE CORPS LEAGUE	161396

GRF

756501

State Support

133,947

161397

V37 37TH DIVISION VETERANS' ASSOCIATION	161398

GRF

757501

State Support

6,868

161399

VFW VETERANS OF FOREIGN WARS	161400

GRF

758501

State Support

284,841

161401

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		161402
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		161403

RELEASE OF FUNDS

161404

The Director of Budget and Management may release the	161405
foregoing appropriation items 743501, 746501, 747501, 748501,	161406
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	161407
and 758501, State Support.	161408

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

161409

General Revenue Fund	161410

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	161411
GRF	900402	Hall of Fame	$	107,075	$	107,075	161412
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	161413
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	161414
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	161415

General Services Fund Group	161416

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		161417
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		161418

Federal Special Revenue Fund Group	161419

3680	900614	Veterans Training	$	684,017	$	697,682	161420
3740	900606	Troops to Teachers	$	111,822	$	111,879	161421
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	161422
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	161423
TOTAL FED Federal Special Revenue							161424
Fund Group			$	27,933,629	$	28,693,984	161425

State Special Revenue Fund Group	161426

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	161427
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	161428
TOTAL SSR State Special Revenue							161429
Fund Group			$	11,018,315	$	11,296,794	161430

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	161431

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	161432
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	161433
TOTAL 041 Persian Gulf,							161434
Afghanistan, and Iraq							161435
Compensation Fund Group			$	15,238,703	$	10,029,709	161436
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	161437

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	161438
OBLIGATION DEBT SERVICE	161439

The foregoing appropriation item 900901, Persian Gulf,	161440
Afghanistan and Iraq Compensation Debt Service, shall be used to	161441
pay all debt service and related financing costs during the period	161442
from July 1, 2013, through June 30, 2015, on obligations issued	161443
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	161444
purposes under sections 151.01 and 151.12 of the Revised Code.	161445

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

161446

General Services Fund Group	161447

4K90	888609	Operating Expenses	$	337,432	$	331,695	161448
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	161449
TOTAL GSF General Services							161450
Fund Group			$	367,432	$	361,695	161451
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	161452

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

161454

General Revenue Fund	161455

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	161456
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	161457
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	161458
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	161459
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	161460
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	161461

General Services Fund Group	161462

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	161463
4790	470609	Employee Food Service	$	125,000	$	125,000	161464
4A20	470602	Child Support	$	250,000	$	250,000	161465
4G60	470605	General Operational Funds	$	115,000	$	115,000	161466
5BN0	470629	E-Rate Program	$	525,000	$	525,000	161467
TOTAL GSF General Services							161468
Fund Group			$	4,965,000	$	4,615,000	161469

Federal Special Revenue Fund Group	161470

3210	470601	Education	$	1,480,740	$	1,203,272	161471
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	161472
3210	470606	Nutrition	$	1,033,947	$	1,033,947	161473
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	161474
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	161475
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	161476
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	161477
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	161478
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	161479
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	161480
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	161481
TOTAL FED Federal Special Revenue							161482
Fund Group			$	11,605,207	$	8,272,767	161483

State Special Revenue Fund Group	161484

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	161485
TOTAL SSR State Special Revenue							161486
Fund Group			$	1,795,000	$	1,795,000	161487
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	161488

COMMUNITY PROGRAMS

161489

For purposes of improving community programs, and	161490
notwithstanding any provision of law to the contrary, of the	161491
foregoing appropriation item 470401, RECLAIM Ohio, the Department	161492
of Youth Services shall use $8,813,811 in each fiscal year to	161493
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	161494
Initiative, and other evidence-based community programs.	161495

For purposes of implementing juvenile sentencing reforms, and	161496
notwithstanding any provision of law to the contrary, the	161497
Department of Youth Services may use up to forty-five per cent of	161498
the unexpended, unencumbered balance of the portion of	161499
appropriation item 470401, RECLAIM Ohio, that is allocated to	161500
juvenile correctional facilities in each fiscal year to expand	161501
Targeted RECLAIM, the Behavioral Health Juvenile Justice	161502
Initiative, and other evidence-based community programs.	161503

LEASE RENTAL PAYMENTS

161504

The foregoing appropriation item 470412, Lease Rental	161505
Payments, shall be used to meet all payments at the times they are	161506
required to be made for the period from July 1, 2013, through June	161507
30, 2015, by the Department of Youth Services under the leases and	161508
agreements for facilities made under Chapters 152. and 154. of the	161509
Revised Code. This appropriation is the source of funds pledged	161510
for bond service charges on related obligations issued under	161511
Chapters 152. and 154. of the Revised Code.	161512

EDUCATION REIMBURSEMENT

161513

The foregoing appropriation item 470613, Education	161514
Reimbursement, shall be used to fund the operating expenses of	161515
providing educational services to youth supervised by the	161516
Department of Youth Services. Operating expenses include, but are	161517
not limited to, teachers' salaries, maintenance costs, and	161518
educational equipment. This appropriation item may be used for	161519
capital expenses related to the education program.	161520

EMPLOYEE FOOD SERVICE AND EQUIPMENT

161521

Notwithstanding section 125.14 of the Revised Code, the	161522
foregoing appropriation item 470609, Employee Food Service, may be	161523
used to purchase any food operational items with funds received	161524
into the fund from reimbursements for state surplus property.	161525

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

161526

In collaboration with the county family and children first	161527
council, the juvenile court of that county that receives	161528
allocations from one or both of the foregoing appropriation items	161529
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	161530
portions of those allocations to a flexible funding pool as	161531
authorized by the section of Am. Sub. H.B. 153 of the 129th	161532
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	161533
FUNDING POOL."	161534

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	161535
EVALUATION	161536

The Office of Health Transformation shall convene a team	161537
comprised of the Department of Youth Services, the Department of	161538
Medicaid, the Department of Job and Family Services, the	161539
Department of Health, and the Department of Mental Health and	161540
Addiction Services. The team shall evaluate the feasibility of	161541
implementing a trauma screening tool for high-risk youth and	161542
create a report with the following information: (A) the	161543
recommended trauma screening tool to be used to evaluate high-risk	161544
youth; (B) training in the administration of the recommended tool;	161545
(C) screening protocols; (D) the persons to whom the recommended	161546
tool should apply; and (E) the implications for treatment. The	161547
report shall be completed by December 1, 2013, and shall be	161548
distributed to the Governor. The Department of Youth Services may	161549
receive funds for piloting the recommended tool in detention	161550
centers.	161551

Section 501.20. All items set forth in sections 501.20 and	161552
501.30 of this act are hereby appropriated for the biennium ending	161553
on June 30, 2015, out of any moneys in the state treasury to the	161554
credit of the Administrative Building Fund (Fund 7026) that are	161555
not otherwise appropriated.	161556

Appropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	161557

C87412	Capitol Square Security				$	1,200,000			161558
TOTAL Capitol Square Review and Advisory Board					$	1,200,000			161559

Appropriations

Section 501.30. TOS TREASURER OF STATE

161561

C09001	Treasury Management System	$	10,000,000	161562
TOTAL Treasurer of State		$	10,000,000	161563
TOTAL Administrative Building Fund		$	11,200,000	161564

The foregoing appropriation item C09001, Treasury Management	161565
System, shall be used to pay costs incurred in the acquisition and	161566
implementation of the Treasury Management System.	161567

The Treasurer of State may acquire and implement a Treasury	161568
Management System, including, but not limited to, the application	161569
hardware and software and the installation and implementation	161570
thereof, for the use of the Treasurer of State. The Treasury	161571
Management System is an integrated treasury technology	161572
infrastructure system that will replace the Treasurer of State's	161573
existing separate cash, custody, investment, and accounting	161574
software and administration systems for the various treasury	161575
functions performed by the state.	161576

The Treasurer of State is hereby authorized to issue and	161577
sell, in accordance with Section 2i of Article VIII, Ohio	161578
Constitution, and Chapter 154. of the Revised Code, particularly	161579
section 154.24 of the Revised Code, original obligations in an	161580
aggregate principal amount not to exceed $11,200,000, in addition	161581
to the original issuance of obligations heretofore authorized by	161582
prior acts of the General Assembly. These authorized obligations	161583
shall be issued, subject to applicable constitutional and	161584
statutory limitations, to pay costs associated with previously	161585
authorized capital facilities and the capital facilities referred	161586
to in this section of the act.	161587

Section 503.10. PERSONAL SERVICE EXPENSES

161588

Unless otherwise prohibited by law, any appropriation from	161589
which personal service expenses are paid shall bear the employer's	161590
share of public employees' retirement, workers' compensation,	161591
disabled workers' relief, and insurance programs; and the costs of	161592
centralized financial services, centralized payroll processing,	161593
and related reports and services; centralized human resources	161594
services, including affirmative action and equal employment	161595
opportunity programs; the Office of Collective Bargaining; the	161596
Employee Assistance Program; centralized information technology	161597
management services; administering the enterprise resource	161598
planning system; and administering the state employee merit system	161599
as required by section 124.07 of the Revised Code. These costs	161600
shall be determined in conformity with the appropriate sections of	161601
law and paid in accordance with procedures specified by the Office	161602
of Budget and Management. Expenditures from appropriation item	161603
070601, Public Audit Expense - Intra-State, may be exempted from	161604
the requirements of this section.	161605

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	161606
AGAINST THE STATE	161607

Except as otherwise provided in this section, an	161608
appropriation in this act or any other act may be used for the	161609
purpose of satisfying judgments, settlements, or administrative	161610
awards ordered or approved by the Court of Claims or by any other	161611
court of competent jurisdiction in connection with civil actions	161612
against the state. This authorization does not apply to	161613
appropriations to be applied to or used for payment of guarantees	161614
by or on behalf of the state, or for payments under lease	161615
agreements relating to, or debt service on, bonds, notes, or other	161616
obligations of the state. Notwithstanding any other statute to the	161617
contrary, this authorization includes appropriations from funds	161618
into which proceeds of direct obligations of the state are	161619
deposited only to the extent that the judgment, settlement, or	161620
administrative award is for, or represents, capital costs for	161621
which the appropriation may otherwise be used and is consistent	161622
with the purpose for which any related obligations were issued or	161623
entered into. Nothing contained in this section is intended to	161624
subject the state to suit in any forum in which it is not	161625
otherwise subject to suit, and is not intended to waive or	161626
compromise any defense or right available to the state in any suit	161627
against it.	161628

Section 503.30. CAPITAL PROJECT SETTLEMENTS

161629

This section specifies an additional and supplemental	161630
procedure to provide for payments of judgments and settlements if	161631
the Director of Budget and Management determines, pursuant to	161632
division (C)(4) of section 2743.19 of the Revised Code, that	161633
sufficient unencumbered moneys do not exist in the fund to support	161634
a particular appropriation to pay the amount of a final judgment	161635
rendered against the state or a state agency, including the	161636
settlement of a claim approved by a court, in an action upon and	161637
arising out of a contractual obligation for the construction or	161638
improvement of a capital facility if the costs under the contract	161639
were payable in whole or in part from a state capital projects	161640
appropriation. In such a case, the Director may either proceed	161641
pursuant to division (C)(4) of section 2743.19 of the Revised Code	161642
or apply to the Controlling Board to increase an appropriation or	161643
create an appropriation out of any unencumbered moneys in the	161644
state treasury to the credit of the capital projects fund from	161645
which the initial state appropriation was made. The amount of an	161646
increase in appropriation or new appropriation approved by the	161647
Controlling Board is hereby appropriated from the applicable	161648
capital projects fund and made available for the payment of the	161649
judgment or settlement.	161650

If the Director does not make the application authorized by	161651
this section or the Controlling Board disapproves the application,	161652
and the Director does not make application under division (C)(4)	161653
of section 2743.19 of the Revised Code, the Director shall for the	161654
purpose of making that payment make a request to the General	161655
Assembly as provided for in division (C)(5) of that section.	161656

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

161657

In order to provide funds for the reissuance of voided	161658
warrants under section 126.37 of the Revised Code, there is hereby	161659
appropriated, out of moneys in the state treasury from the fund	161660
credited as provided in section 126.37 of the Revised Code, that	161661
amount sufficient to pay such warrants when approved by the Office	161662
of Budget and Management.	161663

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	161664
BALANCES OF OPERATING APPROPRIATIONS	161665

(A) An unexpended balance of an operating appropriation or	161666
reappropriation that a state agency lawfully encumbered prior to	161667
the close of a fiscal year is hereby reappropriated on the first	161668
day of July of the following fiscal year from the fund from which	161669
it was originally appropriated or reappropriated for the following	161670
period and shall remain available only for the purpose of	161671
discharging the encumbrance:	161672

(1) For an encumbrance for personal services, maintenance,	161673
equipment, or items for resale, other than an encumbrance for an	161674
item of special order manufacture not available on term contract	161675
or in the open market or for reclamation of land or oil and gas	161676
wells, for a period of not more than five months from the end of	161677
the fiscal year;	161678

(2) For an encumbrance for an item of special order	161679
manufacture not available on term contract or in the open market,	161680
for a period of not more than five months from the end of the	161681
fiscal year or, with the written approval of the Director of	161682
Budget and Management, for a period of not more than twelve months	161683
from the end of the fiscal year;	161684

(3) For an encumbrance for reclamation of land or oil and gas	161685
wells, for a period ending when the encumbered appropriation is	161686
expended or for a period of two years, whichever is less;	161687

(4) For an encumbrance for any other expense, for such period	161688
as the Director approves, provided such period does not exceed two	161689
years.	161690

(B) Any operating appropriations for which unexpended	161691
balances are reappropriated beyond a five-month period from the	161692
end of the fiscal year by division (A)(2) of this section shall be	161693
reported to the Controlling Board by the Director of Budget and	161694
Management by the thirty-first day of December of each year. The	161695
report on each such item shall include the item, the cost of the	161696
item, and the name of the vendor. The report shall be updated on a	161697
quarterly basis for encumbrances remaining open.	161698

(C) Upon the expiration of the reappropriation period set out	161699
in division (A) of this section, a reappropriation made by this	161700
section lapses, and the Director of Budget and Management shall	161701
cancel the encumbrance of the unexpended reappropriation not later	161702
than the end of the weekend following the expiration of the	161703
reappropriation period.	161704

(D) Notwithstanding division (C) of this section, with the	161705
approval of the Director of Budget and Management, an unexpended	161706
balance of an encumbrance that was reappropriated on the first day	161707
of July by this section for a period specified in division (A)(3)	161708
or (4) of this section and that remains encumbered at the close of	161709
the fiscal biennium is hereby reappropriated on the first day of	161710
July of the following fiscal biennium from the fund from which it	161711
was originally appropriated or reappropriated for the applicable	161712
period specified in division (A)(3) or (4) of this section and	161713
shall remain available only for the purpose of discharging the	161714
encumbrance.	161715

(E) The Director of Budget and Management may correct	161716
accounting errors committed by the staff of the Office of Budget	161717
and Management, such as reestablishing encumbrances or	161718
appropriations cancelled in error, during the cancellation of	161719
operating encumbrances in November and of nonoperating	161720
encumbrances in December.	161721

(F) The Director of Budget and Management may at any time	161722
correct accounting errors committed by the staff of a state agency	161723
or state institution of higher education, as defined in section	161724
3345.011 of the Revised Code, such as reestablishing prior year	161725
nonoperating encumbrances canceled or modified in error. The	161726
reestablished encumbrance amounts are hereby appropriated.	161727

(G) If the Controlling Board approved a purchase, that	161728
approval remains in effect so long as the appropriation used to	161729
make that purchase remains encumbered.	161730

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	161731
RE-ESTABLISHMENT OF ENCUMBRANCES	161732

Any cash transferred by the Director of Budget and Management	161733
under section 126.15 of the Revised Code is hereby appropriated.	161734
Any amounts necessary to re-establish appropriations or	161735
encumbrances under section 126.15 of the Revised Code are hereby	161736
appropriated.	161737

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

161738

There are hereby appropriated out of any moneys in the state	161739
treasury to the credit of the General Revenue Fund, which are not	161740
otherwise appropriated, funds sufficient to make any payment	161741
required by division (B)(2) of section 5747.03 of the Revised	161742
Code.	161743

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	161744
APPROVED BY THE CONTROLLING BOARD	161745

Any money that the Controlling Board approves for expenditure	161746
or any increase in appropriation that the Controlling Board	161747
approves under sections 127.14, 131.35, and 131.39 of the Revised	161748
Code or any other provision of law is hereby appropriated for the	161749
period ending June 30, 2015.	161750

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	161751
RESIDENCE	161752

If the Governor's Residence Fund (Fund 4H20) receives payment	161753
for use of the residence pursuant to section 107.40 of the Revised	161754
Code, the amounts so received are hereby appropriated to	161755
appropriation item 100604, Governor's Residence Gift.	161756

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

161757

Unless the agency and nuclear electric utility mutually agree	161758
to a higher amount by contract, the maximum amounts that may be	161759
assessed against nuclear electric utilities under division (B)(2)	161760
of section 4937.05 of the Revised Code and deposited into the	161761
specified funds are as follows:	161762

Fund	User		FY 2014		FY 2015	161763
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	161764
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	161765
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	161766
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	161767

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	161768
INTEREST EARNED	161769

Notwithstanding any provision of law to the contrary, the	161770
Director of Budget and Management, through June 30, 2015, may	161771
transfer interest earned by any state fund to the General Revenue	161772
Fund. This section does not apply to funds whose source of revenue	161773
is restricted or protected by the Ohio Constitution, federal tax	161774
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	161775
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	161776

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	161777
FROM NON-GRF FUNDS	161778

Notwithstanding any provision of law to the contrary, the	161779
Director of Budget and Management may transfer up to $60,000,000	161780
in each fiscal year in cash from non-General Revenue Funds that	161781
are not constitutionally restricted to the General Revenue Fund in	161782
order to ensure that available General Revenue Fund receipts and	161783
balances are sufficient to support General Revenue Fund	161784
appropriations in each fiscal year.	161785

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	161786
BALANCE	161787

Notwithstanding divisions (B) and (C) of section 131.44 of	161788
the Revised Code, the Director of Budget and Management shall	161789
determine the surplus General Revenue Fund revenue that existed on	161790
June 30, 2013, in excess of the amount required under division	161791
(A)(3) of section 131.44 of the Revised Code, and transfer from	161792
the General Revenue Fund, to the extent of the amount so	161793
determined, the following:	161794

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	161795
of up to $15,000,000;	161796

(B) To the Controlling Board Emergency Purposes Fund (Fund	161797
5KM0), a cash amount of up to $20,000,000;	161798

(C) To the Natural Resources Special Purposes Fund (Fund	161799
5MW0), which is hereby created in the state treasury, a cash	161800
amount of up to $12,000,000;	161801

(D) To the Unemployment Compensation Interest Contingency	161802
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	161803
to the United States Secretary of the Treasury of accrued interest	161804
costs related to federal unemployment account borrowing.	161805

Section 512.40. ACCESS SUCCESS II PROGRAM

161806

To the extent cash is available, the Director of Budget and	161807
Management may transfer cash from the Money Follows the Person	161808
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	161809
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	161810
by the Department of Mental Health and Addiction Services. The	161811
transferred cash is hereby appropriated.	161812

The Department of Mental Health and Addiction Services shall	161813
use the transferred funds to administer the Access Success II	161814
Program to help non-Medicaid patients in any hospital established,	161815
controlled, or supervised by the Department under Chapter 5119. of	161816
the Revised Code to transition from inpatient status to a	161817
community setting.	161818

Section 512.50. Not later than the first day of September	161819
2013, the Director of Mental Health and the Director of Alcohol	161820
and Drug Addiction Services shall certify to the Director of	161821
Budget and Management the amount of all of the unexpended,	161822
unencumbered balances of general revenue fund appropriations made	161823
to the Department of Mental Health and to the Department of	161824
Alcohol and Drug Addiction Services for FY 2012, excluding funds	161825
appropriated for rental payments to the Ohio Public Facilities	161826
Commission. On receipt of the certification, the Director of	161827
Budget and Management shall transfer cash to the Department of	161828
Mental Health and Addiction Services Trust Fund created in section	161829
5119.46 of the Revised Code (renumbered section 5119.60 of the	161830
Revised Code in this act) in an amount up to, but not exceeding,	161831
the total amounts certified by the Director of Mental Health and	161832
the Director of Alcohol and Drug Addiction Services.	161833

Section 512.70. PROHIBITION ON TRANSFERS

161834

Notwithstanding section 131.44 of the Revised Code, cash	161835
shall not be transferred to the Income Tax Reduction Fund prior to	161836
July 1, 2015.	161837

Section 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

161838

There is hereby established in the Highway Operating Fund	161839
(Fund 7002), used by the Department of Transportation, a Diesel	161840
Emissions Reduction Grant Program. The Director of Environmental	161841
Protection shall administer the program and shall solicit,	161842
evaluate, score, and select projects submitted by public and	161843
private entities that are eligible for the federal Congestion	161844
Mitigation and Air Quality (CMAQ) Program. The Director of	161845
Transportation shall process Federal Highway	161846
Administration-approved projects as recommended by the Director of	161847
Environmental Protection.	161848

In addition to the allowable expenditures set forth in	161849
section 122.861 of the Revised Code, Diesel Emissions Reduction	161850
Grant Program funds also may be used to fund projects involving	161851
the purchase or use of hybrid and alternative fuel vehicles that	161852
are allowed under guidance developed by the Federal Highway	161853
Administration for the CMAQ Program.	161854

Public entities eligible to receive funds under section	161855
122.861 of the Revised Code and CMAQ shall be reimbursed from	161856
moneys in the Highway Operating Fund (Fund 7002) designated for	161857
the Department of Transportation's Diesel Emissions Reduction	161858
Grant Program.	161859

Private entities eligible to receive funds under section	161860
122.861 of the Revised Code and CMAQ shall be reimbursed through	161861
transfers of cash from moneys in the Highway Operating Fund (Fund	161862
7002) designated for the Department of Transportation's Diesel	161863
Emissions Reduction Grant Program to the Diesel Emissions	161864
Reduction Fund (Fund 3FH0), used by the Environmental Protection	161865
Agency. Total expenditures between both the Environmental	161866
Protection Agency and the Department of Transportation shall not	161867
exceed the amounts appropriated in this act for appropriation item	161868
715693, Diesel Emissions Reduction Grants.	161869

On or before June 30, 2014, the Director of Environmental	161870
Protection may certify to the Director of Budget and Management	161871
the amount of any unencumbered balance of the foregoing	161872
appropriation item 715693, Diesel Emissions Reduction Grants, for	161873
fiscal year 2014 to be used for the same purpose in fiscal year	161874
2015. Once the certification permitted under this section has been	161875
submitted and approved by the Director of Budget and Management,	161876
the amount approved is hereby appropriated for fiscal year 2015.	161877

Any cash transfers or allocations under this section	161878
represent CMAQ program moneys within the Department of	161879
Transportation for use by the Diesel Emissions Reduction Grant	161880
Program by the Environmental Protection Agency. These allocations	161881
shall not reduce the amount of such moneys designated for	161882
metropolitan planning organizations.	161883

The Director of Environmental Protection, in consultation	161884
with the directors of Development Services and Transportation,	161885
shall develop guidance for the distribution of funds and for the	161886
administration of the Diesel Emissions Reduction Grant Program.	161887
The guidance shall include a method of prioritization for	161888
projects, acceptable technologies, and procedures for awarding	161889
grants.	161890

Section 515.30. On the effective date of this section, the	161891
Rehabilitation Services Commission is renamed the Opportunities	161892
for Ohioans with Disabilities Agency. The Rehabilitation Services	161893
Commission's functions, and its assets and liabilities, are	161894
transferred to the Opportunities for Ohioans with Disabilities	161895
Agency. The Opportunities for Ohioans with Disabilities Agency is	161896
successor to, assumes the obligations and authority of, and	161897
otherwise continues the Rehabilitation Services Commission. No	161898
right, privilege, or remedy, and no duty, liability, or	161899
obligation, accrued under the Rehabilitation Services Commission	161900
is impaired or lost by reason of the renaming and shall be	161901
recognized, administered, performed, or enforced by the	161902
Opportunities for Ohioans with Disabilities Agency.	161903

Business commenced but not completed by the Rehabilitation	161904
Services Commission or by the Administrator of the Rehabilitation	161905
Services Commission shall be completed by the Opportunities for	161906
Ohioans with Disabilities Agency or the Executive Director of the	161907
Opportunities for Ohioans with Disabilities Agency in the same	161908
manner, and with the same effect, as if completed by the	161909
Rehabilitation Services Commission or the Administrator of the	161910
Rehabilitation Services Commission.	161911

All of the Rehabilitation Services Commission's rules,	161912
orders, and determinations continue in effect as rules, orders,	161913
and determinations of the Opportunities for Ohioans with	161914
Disabilities Agency until modified or rescinded by the	161915
Opportunities for Ohioans with Disabilities Agency.	161916

Subject to the layoff provisions of sections 124.321 to	161917
124.382 of the Revised Code, all employees of the Rehabilitation	161918
Services Commission continue with the Opportunities for Ohioans	161919
with Disabilities Agency and retain their positions and all	161920
benefits accruing thereto.	161921

The Director of Budget and Management shall determine the	161922
amount of unexpended balances in the appropriation accounts that	161923
pertain to the Rehabilitation Services Commission and shall	161924
recommend to the Controlling Board their transfer to the	161925
appropriation accounts that pertain to the Opportunities for	161926
Ohioans with Disabilities Agency. The Administrator of the	161927
Rehabilitation Services Commission shall provide full and timely	161928
information to the Controlling Board to facilitate the transfer.	161929

Whenever the Rehabilitation Services Commission or the	161930
Administrator of the Rehabilitation Services Commission is	161931
referred to in a statute, contract, or other instrument, the	161932
reference is deemed to refer to the Opportunities for Ohioans with	161933
Disabilities Agency or to the Executive Director of the	161934
Opportunities for Ohioans with Disabilities Agency, whichever is	161935
appropriate in context.	161936

No pending action or proceeding being prosecuted or defended	161937
in court or before an agency by the Rehabilitation Services	161938
Commission or the Administrator of the Rehabilitation Services	161939
Commission is affected by the renaming and shall be prosecuted or	161940
defended in the name of the Opportunities for Ohioans with	161941
Disabilities Agency or the Executive Director of the Opportunities	161942
for Ohioans with Disabilities Agency, whichever is appropriate.	161943
Upon application to the court or agency, the Opportunities for	161944
Ohioans with Disabilities Agency or the Executive Director of the	161945
Opportunities for Ohioans with Disabilities Agency shall be	161946
substituted.	161947

Section 515.40. On the effective date of this section, the	161948
Board of Examiners of Nursing Home Administrators is renamed the	161949
Board of Executives of Long-Term Services and Supports. The Board	161950
of Examiners of Nursing Home Administrators' functions and its	161951
assets and liabilities, are transferred to the Board of Executives	161952
of Long-Term Services and Supports. The Board of Executives of	161953
Long-Term Services and Supports is successor to, assumes the	161954
obligations and authority of, and otherwise continues the Board of	161955
Examiners of Nursing Home Administrators. No right, privilege, or	161956
remedy, and no duty, liability, or obligation, accrued under the	161957
Board of Examiners of Nursing Home Administrators is impaired or	161958
lost by reason of the renaming and shall be recognized,	161959
administered, performed, or enforced by the Board of Executives of	161960
Long-Term Services and Supports.	161961

Business commenced but not completed by the Board of	161962
Examiners of Nursing Home Administrators or by the Secretary of	161963
the Board of Examiners of Nursing Home Administrators shall be	161964
completed by the Board of Executives of Long-Term Services and	161965
Supports or the Secretary of the Board of Executives of Long-Term	161966
Services and Supports in the same manner, and with the same	161967
effect, as if completed by the Board of Examiners of Nursing Home	161968
Administrators or by the Secretary of the Board of Examiners of	161969
Nursing Home Administrators.	161970

All of the Board of Examiners of Nursing Home Administrators'	161971
rules, orders, and determinations continue in effect as rules,	161972
orders, and determinations of the Board of Executives of Long-Term	161973
Services and Supports.	161974

Subject to the layoff provisions of sections 124.321 to	161975
124.328 of the Revised Code, all employees of the Board of	161976
Examiners of Nursing Home Administrators who provide	161977
administrative, technical, or other services to the Board of	161978
Examiners of Nursing Home Administrators on a full-time, permanent	161979
basis shall continue with the Board of Executives of Long-Term	161980
Services and Supports and retain their positions and benefits	161981
accruing thereto, except that those employees in the classified	161982
service shall be reclassified into the unclassified service and	161983
shall serve at the pleasure of the Board.	161984

Notwithstanding section 4751.03 of the Revised Code, as	161985
amended by this act, those board members currently serving as	161986
members of the Board of Examiners of Nursing Home Administrators	161987
on the effective date of this act shall continue to serve as	161988
members of the Board of Executives of Long-Term Services and	161989
Supports for the remainder of their appointment period, at which	161990
time new members shall be appointed in a manner consistent with	161991
section 4751.03 of the Revised Code, as amended by this act.	161992

Within ninety days after the effective date of this act, the	161993
Governor shall appoint to the Board of Executives of Long-Term	161994
Services and Supports those new members who are required to be	161995
appointed under divisions (A)(3) and (6) of section 4751.03 of the	161996
Revised Code, as amended by this act, for terms ending on May 27,	161997
2014. Thereafter, appointment for those members shall be as	161998
provided in section 4751.03 of the Revised Code, as amended by	161999
this act.	162000

Whenever the Board of Examiners of Nursing Home	162001
Administrators is referred to in statute, contract, or other	162002
instrument, the reference is deemed to refer to the Board of	162003
Executives of Long-Term Services and Supports.	162004

No pending action or proceeding being prosecuted or defended	162005
in court or before an agency by the Board of Examiners of Nursing	162006
Home Administrators or the Secretary of the Board of Examiners of	162007
Nursing Home Administrators is affected by the renaming and shall	162008
be prosecuted or defended in the name of the Board of Executives	162009
of Long-Term Services and Supports or the Secretary of the Board	162010
of Executives of Long-Term Services and Supports. Upon application	162011
to the court or agency, the Board of Executives of Long-Term	162012
Services and Supports or the Secretary of the Board of Executives	162013
of Long-Term Services and Supports shall be substituted.	162014

Section 515.50. (A) On July 1, 2013, the eTech Ohio	162015
Commission is renamed and reconstituted as the Broadcast	162016
Educational Media Commission, as described in section 3353.02 of	162017
the Revised Code as amended by this act. The Broadcast Educational	162018
Media Commission is thereupon and thereafter successor to, assumes	162019
the obligations of, and otherwise constitutes the continuation of	162020
the eTech Ohio Commission, for all obligations related to the	162021
state's educational broadcasting services, including educational	162022
television, radio, and radio reading services.	162023

(B) Any business related to the state's educational	162024
television, radio, or radio reading services commenced but not	162025
completed by the eTech Ohio Commission shall be completed by the	162026
Broadcast Educational Media Commission in the same manner, and	162027
with the same effect, as if completed by the eTech Ohio	162028
Commission. No validation, cure, right, privilege, remedy,	162029
obligation, or liability is lost or impaired by reason of the	162030
renaming, and shall be recognized, administered, performed, or	162031
enforced by the Broadcast Educational Media Commission.	162032

(C) All of the rules of the eTech Ohio Commission related to	162033
the state's educational broadcasting services, including	162034
educational television, radio, or radio reading services, continue	162035
in effect as rules of the Broadcast Educational Media Commission,	162036
until amended or rescinded by the Broadcast Educational Media	162037
Commission.	162038

(D) No judicial or administrative action or proceeding	162039
related to the state's educational broadcasting services,	162040
including educational television, radio, or radio reading	162041
services, in which the eTech Ohio Commission is a party, that is	162042
pending on the effective date of this section is affected by the	162043
renaming. Such action or proceeding shall be prosecuted or	162044
defended in the name of the Broadcast Educational Media	162045
Commission. On application to the court or other tribunal, the	162046
Broadcast Educational Media Commission shall be substituted for	162047
the eTech Ohio Commission as a party to such action or proceeding.	162048

(E) Subject to the layoff provisions of sections 124.321 to	162049
124.328 and division (D) of section 3353.03 of the Revised Code,	162050
as amended by this act, all employees of the former eTech Ohio	162051
Commission assigned to activities related to the state's	162052
educational broadcasting services, including educational	162053
television, radio, or radio reading services, continue with the	162054
Broadcast Educational Media Commission and retain their positions	162055
and all benefits accruing thereto.	162056

(F) All books, records, documents, files, transcripts,	162057
equipment, furniture, supplies, and other materials related to the	162058
state's educational broadcasting services, including educational	162059
television, radio, or radio reading services, assigned to or in	162060
the possession of the former eTech Ohio Commission shall be	162061
transferred to the Broadcast Educational Media Commission.	162062

(G) Each current member of the eTech Ohio Commission shall	162063
serve until June 30, 2013. On July 1, 2013, or as soon after July	162064
1, 2013, as possible, each member shall either be reappointed or	162065
replaced by another member to serve on the Broadcast Educational	162066
Media Commission pursuant to section 3353.02 of the Revised Code,	162067
as amended by this act.	162068

Section 515.51. (A) On July 1, 2013, all responsibilities	162069
related to the administration of the Telecommunity Fund and the	162070
Distance Learning Fund, as well as for technology-related teacher	162071
professional development programs, are transferred from the former	162072
eTech Ohio Commission to the Chancellor of the Board of Regents as	162073
described in sections 3319.235, 3317.50, and 3317.51 of the	162074
Revised Code, as amended by this act. The Chancellor is thereupon	162075
and thereafter successor to, assumes the obligations of, and	162076
otherwise constitutes the continuation of the eTech Ohio	162077
Commission relating to the functions, assets, records, and	162078
obligations relating to these responsibilities.	162079

(B) Any business related to these responsibilities commenced	162080
but not completed by the former eTech Ohio Commission shall be	162081
completed by the Chancellor in the same manner, and with the same	162082
effect, as if completed by the eTech Ohio Commission. No	162083
validation, cure, right, privilege, remedy, obligation, or	162084
liability is lost or impaired by reason of the transfer, and shall	162085
be recognized, administered, performed, or enforced by the	162086
Chancellor.	162087

(C) All of the rules of the former eTech Ohio Commission	162088
related to these responsibilities continue in effect as rules of	162089
the Chancellor, until amended or rescinded by the Chancellor.	162090

(D) Any judicial or administrative action or proceeding	162091
related to these responsibilities, in which the eTech Ohio	162092
Commission is a party, that is pending on the effective date of	162093
this section is affected by the transfer. Such action or	162094
proceeding shall be prosecuted or defended in the name of the	162095
Chancellor. On application to the court or other tribunal, the	162096
Chancellor of the Board of Regents shall be substituted for the	162097
eTech Ohio Commission as a party to such action or proceeding.	162098

(E) Subject to the layoff provisions of sections 124.321 to	162099
124.328 and division (D) of section 3353.03 of the Revised Code,	162100
as amended by this act, all employees of the former eTech Ohio	162101
Commission assigned to these responsibilities continue with the	162102
Chancellor and retain their positions and all benefits accruing	162103
thereto.	162104

(F) All books, records, documents, files, transcripts,	162105
equipment, furniture, supplies, and other materials related to	162106
these responsibilities assigned to or in the possession of the	162107
former eTech Ohio Commission shall be transferred to the	162108
Chancellor.	162109

(G) All employees of the former eTech Ohio Commission who	162110
transferred to the Chancellor of the Board of Regents upon the	162111
reconstitution of the Commission as prescribed by Section 515.50	162112
of H.B. 59 of the 130th General Assembly and who when employed by	162113
that Commission or a predecessor agency were included in a	162114
bargaining unit established under Chapter 4117. of the Revised	162115
Code, shall continue to be included in that bargaining unit, are	162116
public employees as defined in section 4117.01 of the Revised	162117
Code, and may collectively bargain with the Chancellor in	162118
accordance with that chapter. Otherwise, any employee hired by the	162119
Chancellor after the reconstitution of the Commission, either to	162120
fill vacancies or to fill new positions related to the transferred	162121
employees' duties, shall be exempt from Chapter 4117. of the	162122
Revised Code and shall not be public employees as defined in	162123
section 4117.01 of the Revised Code.	162124

Section 515.52. (A) On July 1, 2013, all responsibilities of	162125
the former eTech Ohio Commission related to the purchase of	162126
software services and supplies, the redistribution of hardware and	162127
software from closed community schools, and technology-related	162128
teacher professional development programs are transferred from the	162129
former eTech Ohio Commission to the Department of Education as	162130
described in sections 125.05, 3314.074, and 3319.235 of the	162131
Revised Code, as amended by this act. The Department is thereupon	162132
and thereafter successor to, assumes the obligations of, and	162133
otherwise constitutes the continuation of the eTech Ohio	162134
Commission relating to these responsibilities.	162135

(B) Any business related to these responsibilities commenced	162136
but not completed by the former eTech Ohio Commission shall be	162137
completed by the Department in the same manner, and with the same	162138
effect, as if completed by the eTech Ohio Commission. No	162139
validation, cure, right, privilege, remedy, obligation, or	162140
liability is lost or impaired by reason of the transfer, and shall	162141
be recognized, administered, performed, or enforced by the	162142
Department.	162143

(C) All of the rules of the eTech Ohio Commission related to	162144
these responsibilities continue in effect as rules of the	162145
Department, until amended or rescinded by the Department.	162146

(D) Any judicial or administrative action or proceeding	162147
related to these responsibilities, in which the eTech Ohio	162148
Commission is a party, that is pending on the effective date of	162149
this section is affected by the transfer. Such action or	162150
proceeding shall be prosecuted or defended in the name of the	162151
Department. On application to the court or other tribunal, the	162152
Department of Education shall be substituted for the eTech Ohio	162153
Commission as a party to such action or proceeding.	162154

(E) Subject to the layoff provisions of sections 124.321 to	162155
124.328 and division (D) of section 3353.03 of the Revised Code,	162156
as amended by this act, all employees of the former eTech Ohio	162157
Commission assigned to these responsibilities continue with the	162158
Department and retain their positions and all benefits accruing	162159
thereto.	162160

(F) All books, records, documents, files, transcripts,	162161
equipment, furniture, supplies, and other materials related to	162162
these responsibilities assigned to or in the possession of the	162163
former eTech Ohio Commission shall be transferred to the	162164
Department.	162165

(G) All employees of the former eTech Ohio Commission who	162166
transferred to the Department of Education upon the reconstitution	162167
of the Commission as prescribed by Section 515.50 of H.B. 59 of	162168
the 130th General Assembly and who when employed by that	162169
Commission or a predecessor agency were included in a bargaining	162170
unit established under Chapter 4117. of the Revised Code, shall	162171
continue to be included in that bargaining unit, are public	162172
employees as defined in section 4117.01 of the Revised Code, and	162173
may collectively bargain with the state Board of Education in	162174
accordance with that chapter. Otherwise, any employee hired by the	162175
Department after the reconstitution of the Commission, either to	162176
fill vacancies or to fill new positions related to the transferred	162177
employees' duties, shall be exempt from Chapter 4117. of the	162178
Revised Code and shall not be public employees as defined in	162179
section 4117.01 of the Revised Code.	162180

Section 515.53. Any duties and responsibilities of the	162181
former eTech Ohio Commission not transferred in accordance with	162182
Sections 515.50, 515.51, and 515.52 of this act are eliminated on	162183
July 1, 2013.	162184

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

162185

Certain appropriations are in this act for the purpose of	162186
paying debt service and financing costs on general obligation	162187
bonds or notes of the state issued pursuant to the Ohio	162188
Constitution and acts of the General Assembly. If it is determined	162189
that additional appropriations are necessary for this purpose,	162190
such amounts are hereby appropriated.	162191

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

162192

Certain appropriations are in this act for the purpose of	162193
making lease rental payments pursuant to leases and agreements	162194
relating to bonds or notes issued by the Treasurer of State, or	162195
previously by the Ohio Public Facilities Commission or the Ohio	162196
Building Authority, pursuant to the Ohio Constitution and acts of	162197
the General Assembly. If it is determined that additional	162198
appropriations are necessary for this purpose, such amounts are	162199
hereby appropriated.	162200

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	162201
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	162202

The Office of Budget and Management shall process payments	162203
from general obligation and lease rental payment appropriation	162204
items during the period from July 1, 2013, through June 30, 2015,	162205
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	162206
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	162207
Chapters 151., 152., and 154. of the Revised Code. Payments shall	162208
be made upon certification by the Treasurer of State of the dates	162209
and the amounts due on those dates.	162210

Section 521.11. STATE AND LOCAL REBATE AUTHORIZATION

162211

There is hereby appropriated, from those funds designated by	162212
or pursuant to the applicable proceedings authorizing the issuance	162213
of state obligations, amounts computed at the time to represent	162214
the portion of investment income to be rebated or amounts in lieu	162215
of or in addition to any rebate amount to be paid to the federal	162216
government in order to maintain the exclusion from gross income	162217
for federal income tax purposes of interest on those state	162218
obligations under section 148(f) of the Internal Revenue Code.	162219

Rebate payments shall be approved and vouchered by the Office	162220
of Budget and Management.	162221

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

162222

Whenever the Director of Budget and Management determines	162223
that an appropriation made to a state agency from a fund of the	162224
state is insufficient to provide for the recovery of statewide	162225
indirect costs under section 126.12 of the Revised Code, the	162226
amount required for such purpose is hereby appropriated from the	162227
available receipts of such fund.	162228

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	162229
INDIRECT COST ALLOCATION PLAN	162230

The total transfers made from the General Revenue Fund by the	162231
Director of Budget and Management under this section shall not	162232
exceed the amounts transferred into the General Revenue Fund under	162233
section 126.12 of the Revised Code.	162234

The director of an agency may certify to the Director of	162235
Budget and Management the amount of expenses not allowed to be	162236
included in the Statewide Indirect Cost Allocation Plan under	162237
federal regulations, from any fund included in the Statewide	162238
Indirect Cost Allocation Plan, prepared as required by section	162239
126.12 of the Revised Code.	162240

Upon determining that no alternative source of funding is	162241
available to pay for such expenses, the Director of Budget and	162242
Management may transfer cash from the General Revenue Fund into	162243
the fund for which the certification is made, up to the amount of	162244
the certification. The director of the agency receiving such funds	162245
shall include, as part of the next budget submission prepared	162246
under section 126.02 of the Revised Code, a request for funding	162247
for such activities from an alternative source such that further	162248
federal disallowances would not be required.	162249

The director of an agency may certify to the Director of	162250
Budget and Management the amount of expenses paid in error from a	162251
fund included in the Statewide Indirect Cost Allocation Plan. The	162252
Director of Budget and Management may transfer cash from the fund	162253
from which the expenditure should have been made into the fund	162254
from which the expenses were erroneously paid, up to the amount of	162255
the certification.	162256

The director of an agency may certify to the Director of	162257
Budget and Management the amount of expenses or revenues not	162258
allowed to be included in the Statewide Indirect Cost Allocation	162259
Plan under federal regulations, for any fund included in the	162260
Statewide Indirect Cost Allocation Plan, for which the federal	162261
government requires payment. If the Director of Budget and	162262
Management determines that an appropriation made to a state agency	162263
from a fund of the state is insufficient to pay the amount	162264
required by the federal government, the amount required for such	162265
purpose is hereby appropriated from the available receipts of such	162266
fund, up to the amount of the certification.	162267

Section 521.35. CASH TRANSFERS TO TOBACCO OVERSIGHT	162268
ADMINISTRATION AND ENFORCEMENT FUND	162269

On July 1, 2013, or as soon as possible thereafter, the	162270
Director of Budget and Management shall transfer the cash balance	162271
in the Tobacco Settlement Enforcement Fund (Fund T087) and the	162272
Education Technology Trust Fund (Fund S087) to the Tobacco	162273
Oversight Administration and Enforcement Fund (Fund U087). Upon	162274
completion of the transfer, Fund T087 and Fund S087 are abolished.	162275
The Director shall cancel any existing encumbrances against	162276
appropriation items 110402, Tobacco Settlement Enforcement, and	162277
935602, Education Technology Trust.	162278

On July 1, 2014, or as soon as possible thereafter, the	162279
Director of Budget and Management shall transfer the cash balance	162280
in the Law Enforcement Improvement Trust Fund (Fund J087) to the	162281
Tobacco Oversight Administration and Enforcement Fund (Fund U087).	162282
Upon completion of the transfer, Fund J087 is abolished. The	162283
Director shall cancel any existing encumbrances against	162284
appropriation item 055635, Law Enforcement Technology, Training,	162285
and Facility Enhancements.	162286

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

162287

Notwithstanding any provision of law to the contrary, on or	162288
before the first day of September of each fiscal year, the	162289
Director of Budget and Management, in order to reduce the payment	162290
of adjustments to the federal government, as determined by the	162291
plan prepared under division (A) of section 126.12 of the Revised	162292
Code, may designate such funds as the Director considers necessary	162293
to retain their own interest earnings.	162294

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

162295

Pursuant to the plan for compliance with the Federal Cash	162296
Management Improvement Act required by section 131.36 of the	162297
Revised Code, the Director of Budget and Management may cancel and	162298
re-establish all or part of encumbrances in like amounts within	162299
the funds identified by the plan. The amounts necessary to	162300
re-establish all or part of encumbrances are hereby appropriated.	162301

Section 521.60. FISCAL STABILIZATION AND RECOVERY

162302

To ensure the level of accountability and transparency	162303
required by federal law, the Director of Budget and Management may	162304
issue guidelines to any agency applying for federal money made	162305
available to this state for fiscal stabilization and recovery	162306
purposes, and may prescribe the process by which agencies are to	162307
comply with any reporting requirements established by the federal	162308
government.	162309

Section 605.03. That Section 1 of Sub. H.B. 34 of the 130th	162310
General Assembly be amended to read as follows:	162311

Sec. 1. All items in this section are hereby appropriated out	162312
of any moneys in the state treasury to the credit of the	162313
designated fund. For all appropriations made in this act, those in	162314
the first column are for fiscal year 2014, and those in the second	162315
column are for fiscal year 2015.	162316

FND

AI TITLE

Appropriations

162317

BWC BUREAU OF WORKERS' COMPENSATION	162318

Workers' Compensation Fund Group	162319

7023	855401	William Green Lease Payments to OBA	$	16,026,100	$	0	162320
7023	855407	Claims, Risk and Medical Management	$	118,338,586	$	118,338,586	162321
7023	855408	Fraud Prevention	$	12,114,226	$	12,114,226	162322
7023	855409	Administrative Services	$	105,857,276	$	105,357,276	162323
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	162324
8220	855606	Coal Workers' Fund	$	147,666	$	147,666	162325
8230	855608	Marine Industry	$	75,527	$	75,527	162326
8250	855605	Disabled Workers Relief Fund	$	319,718	$	319,718	162327
8260	855609	Safety and Hygiene Operating	$	~~19,161,132~~ 21,661,132	$	~~19,161,132~~ 21,661,132	162328
8260	855610	~~Gear Program~~ Safety Grants	$	~~5,000,000~~ 15,000,000	$	~~5,000,000~~ 15,000,000	162329
8290	855604	Long Term Care Loan Program	$	100,000	$	100,000	162330
TOTAL WCF Workers' Compensation							162331
Fund Group			$	~~281,762,081~~ 294,262,081	$	~~265,235,981~~ 277,735,981	162332

Federal Special Revenue Fund Group	162333

3490	855601	OSHA Enforcement	$	1,731,000	$	1,731,000	162334
3FW0	855614	BLS SOII Grant	$	116,919	$	116,919	162335
TOTAL FED Federal Special Revenue Fund Group			$	1,847,919	$	1,847,919	162336
TOTAL ALL BUDGET FUND GROUPS			$	~~283,610,000~~ 296,110,000	$	~~267,083,900~~ 279,583,900	162337

WILLIAM GREEN LEASE PAYMENTS

162338

Of the foregoing appropriation item 855401, William Green	162339
Lease Payments, up to $16,026,100 shall be used to make lease	162340
payments to the Treasurer of State at the times they are required	162341
to be made during the period from July 1, 2013 to June 30, 2015,	162342
pursuant to leases and agreements made under section 154.24 of the	162343
Revised Code. If it is determined that additional appropriations	162344
are necessary for such purpose, such amounts are hereby	162345
appropriated.	162346

WORKERS' COMPENSATION FRAUD UNIT

162347

Of the foregoing appropriation item 855410, Attorney General	162348
Payments, $828,200 in each fiscal year shall be used to fund the	162349
expenses of the Workers' Compensation Fraud Unit within the	162350
Attorney General's Office. These payments shall be processed at	162351
the beginning of each quarter of each fiscal year and deposited	162352
into the Workers' Compensation Section Fund (Fund 1950) used by	162353
the Attorney General.	162354

SAFETY AND HYGIENE

162355

Notwithstanding section 4121.37 of the Revised Code, the	162356
Treasurer of State shall transfer ~~$19,161,132~~$21,661,132 cash in	162357
fiscal year 2014 and ~~$19,161,132~~$21,661,132 cash in fiscal year	162358
2015 from the State Insurance Fund to the Safety and Hygiene Fund	162359
(Fund 8260).	162360

OSHA ON-SITE CONSULTATION PROGRAM

162361

The Bureau of Workers' Compensation may designate a portion	162362
of appropriation item 855609, Safety and Hygiene Operating, to be	162363
used to match federal funding for the federal Occupational Safety	162364
and Health Administration's (OSHA) on-site consultation program.	162365

VOCATIONAL REHABILITATION

162366

The Bureau of Workers' Compensation and the ~~Rehabilitation~~	162367
~~Services Commission~~Opportunities for Ohioans with Disabilities	162368
Agency shall enter into an interagency agreement for the provision	162369
of vocational rehabilitation services and staff to mutually	162370
eligible clients. The bureau may provide not more than $605,407 in	162371
fiscal year 2014 and not more than $605,407 in fiscal year 2015	162372
from the State Insurance Fund to fund vocational rehabilitation	162373
services and staff in accordance with the interagency agreement.	162374

FUND BALANCE

162375

Any unencumbered cash balance in excess of $45,000,000 in the	162376
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	162377
June of each fiscal year shall be used to reduce the	162378
administrative cost rate charged to employers to cover	162379
appropriations for Bureau of Workers' Compensation operations.	162380

Section 605.04. That existing Section 1 of Sub. H.B. 34 of	162381
the 130th General Assembly is hereby repealed.	162382

Section 605.10. That Sections 205.10, 506.10, and 755.30 of	162383
Am. Sub. H.B. 51 of the 130th General Assembly be amended to read	162384
as follows:	162385

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

162386

State Highway Safety Fund Group	162387

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	162388
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	162389
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	162390
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	162391
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	162392
7036	764321	Operating Expense - Highway Patrol	$	~~268,232,602~~ 268,743,502	$	270,232,602	162393
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	162394
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	162395
8310	761610	Information and Education - Federal	$	300,000	$	300,000	162396
8310	764608	FARS Grant Federal	$	175,000	$	175,000	162397
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	162398
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	162399
8310	765610	EMS - Federal	$	225,000	$	225,000	162400
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	162401
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	162402
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	162403
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	162404
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	162405
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	162406
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	162407
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	162408
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	162409
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	162410
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	162411
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	162412
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	162413
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	162414
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	162415
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	162416
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	162417
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	162418
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	162419
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	162420
TOTAL HSF State Highway Safety Fund Group			$	~~515,450,460~~ 515,961,360	$	517,434,364	162421

General Services Fund Group	162422

4P60	768601	Justice Program Services	$	900,000	$	875,000	162423
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	162424
~~5LM0~~	~~768698~~	~~Criminal Justice Services Law Enforcement Support~~	$	~~850,946~~	$	~~850,946~~	162425
TOTAL GSF General Services Fund Group			$	~~6,290,946~~ 5,150,000	$	~~6,265,946~~ 5,125,000	162426

Federal Special Revenue Fund Group	162427

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	162428
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	162429
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	162430
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	162431
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	162432
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	162433
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	162434
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	162435
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	162436
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	162437
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	162438
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	162439
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	162440
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	162441
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	162442

State Special Revenue Fund Group	162443

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	162444
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	162445
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	162446
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	162447
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	162448
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	162449
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	162450
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	162451
5FL0	769634	Investigations	$	899,300	$	899,300	162452
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	162453
~~5BP0~~	~~764609~~	~~DPS Wireless 911 Administration~~	$	~~290,000~~	$	~~290,000~~	162454
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	162455
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	162456
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	162457
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	162458
TOTAL SSR State Special Revenue Fund Group			$	~~15,049,767~~ 14,759,767	$	~~15,039,767~~ 14,749,767	162459

Agency Fund Group	162460

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		162461
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		162462

Holding Account Redistribution Fund Group	162463

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	162464
R052	762623	Security Deposits	$	350,000	$	350,000	162465
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	162466
TOTAL ALL BUDGET FUND GROUPS			$	~~673,558,888~~ 672,928,842	$	~~675,952,792~~ 674,811,846	162467

MOTOR VEHICLE REGISTRATION

162468

The Registrar of Motor Vehicles may deposit revenues to meet	162469
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	162470
4W40) established in section 4501.25 of the Revised Code, obtained	162471
under sections 4503.02 and 4504.02 of the Revised Code, less all	162472
other available cash. Revenue deposited pursuant to this paragraph	162473
shall support, in part, appropriations for operating expenses and	162474
defray the cost of manufacturing and distributing license plates	162475
and license plate stickers and enforcing the law relative to the	162476
operation and registration of motor vehicles. Notwithstanding	162477
section 4501.03 of the Revised Code, the revenues shall be paid	162478
into Fund 4W40 before any revenues obtained pursuant to sections	162479
4503.02 and 4504.02 of the Revised Code are paid into any other	162480
fund. The deposit of revenues to meet the aforementioned cash	162481
needs shall be in approximately equal amounts on a monthly basis	162482
or as otherwise determined by the Director of Budget and	162483
Management pursuant to a plan submitted by the Registrar of Motor	162484
Vehicles.	162485

OPERATING EXPENSE – BMV

162486

Of the foregoing appropriation item 762321, Operating Expense	162487
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	162488
costs associated with improvements to the program to accept	162489
applications for registration transactions of apportionable	162490
vehicles electronically over the internet.	162491

OPERATING EXPENSE - INFORMATION AND EDUCATION

162492

Of the foregoing appropriation item 761321, Operating Expense	162493
– Information and Education, up to $250,000 in each fiscal year	162494
may be used to fund state employees to staff travel information	162495
centers on the border of the state.	162496

The Department of Public Safety shall conduct a study for	162497
partnering with local travel and tourism centers, as well as a	162498
study for the creation of the Ohio Ambassadors Volunteer Program	162499
at rest stops.	162500

LEASE RENTAL PAYMENTS

162501

The foregoing appropriation item 761401, Lease Rental	162502
Payments, shall be used for payments to the Treasurer of State for	162503
the period July 1, 2013, through June 30, 2015, under the primary	162504
leases and agreements for public safety related buildings. The	162505
appropriations are the source of funds pledged for bond service	162506
charges on obligations pursuant to Chapters 152. and 154. of the	162507
Revised Code.	162508

OPERATING EXPENSE - HIGHWAY PATROL

162509

On July 1, 2013, or as soon as possible thereafter, the	162510
Director of Budget and Management shall transfer $510,900 cash	162511
from the GRF to the State Highway Safety Fund (Fund 7036). The	162512
transferred cash shall be used by the State Highway Patrol for the	162513
purchase of specialized equipment for examining commercial truck	162514
cargo.	162515

CASH TRANSFERS BETWEEN FUNDS

162516

Notwithstanding any provision of law to the contrary, the	162517
Director of Budget and Management, upon the written request of the	162518
Director of Public Safety, may transfer cash between the following	162519
six funds: the Trauma and Emergency Medical Services Fund (Fund	162520
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	162521
Fund (Fund 5FL0), the Emergency Management Agency Service and	162522
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	162523
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	162524
4W40).	162525

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	162526
PLATE CONTRIBUTION FUND	162527

On July 1, 2013, or as soon as possible thereafter, the	162528
Director of Budget and Management may transfer the cash balance in	162529
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	162530
Contribution Fund (Fund 5V10). Upon completion of the transfer,	162531
Fund 5JS0 is hereby abolished.	162532

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	162533
STATE HIGHWAY SAFETY FUND	162534

Not later than January 1, 2014, the Director of Budget and	162535
Management may transfer the cash balance in the Hilltop Utility	162536
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	162537
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	162538
abolished. The Director shall cancel any existing encumbrances	162539
against appropriation item 766661, Hilltop Utility Reimbursement,	162540
and reestablish them against appropriation item 761321, Operating	162541
Expense – Information and Education. The reestablished encumbrance	162542
amounts are hereby appropriated.	162543

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	162544
SAFETY FUND	162545

On July 1, 2013, or as soon as possible thereafter, the	162546
Director of Budget and Management shall transfer the cash balance	162547
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	162548
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	162549
Fund 8380 is abolished.	162550

STATE DISASTER RELIEF

162551

The State Disaster Relief Fund (Fund 5330) may accept	162552
transfers of cash and appropriations from Controlling Board	162553
appropriation items for Ohio Emergency Management Agency disaster	162554
response costs and disaster program management costs, and may also	162555
be used for the following purposes:	162556

(A) To accept transfers of cash and appropriations from	162557
Controlling Board appropriation items for Ohio Emergency	162558
Management Agency public assistance and mitigation program match	162559
costs to reimburse eligible local governments and private	162560
nonprofit organizations for costs related to disasters;	162561

(B) To accept and transfer cash to reimburse the costs	162562
associated with Emergency Management Assistance Compact (EMAC)	162563
deployments;	162564

(C) To accept disaster related reimbursement from federal,	162565
state, and local governments. The Director of Budget and	162566
Management may transfer cash from reimbursements received by this	162567
fund to other funds of the state from which transfers were	162568
originally approved by the Controlling Board.	162569

(D) To accept transfers of cash and appropriations from	162570
Controlling Board appropriation items to fund the State Disaster	162571
Relief Program, for disasters that qualify for the program by	162572
written authorization of the Governor, and the State Individual	162573
Assistance Program for disasters that have been declared by the	162574
federal Small Business Administration and that qualify for the	162575
program by written authorization of the Governor. The Ohio	162576
Emergency Management Agency shall publish and make available	162577
application packets outlining procedures for the State Disaster	162578
Relief Program and the State Individual Assistance Program.	162579

JUSTICE ASSISTANCE GRANT FUND

162580

The federal payments made to the state for the Byrne Justice	162581
Assistance Grants Program under Title II of Division A of the	162582
American Recovery and Reinvestment Act of 2009 shall be deposited	162583
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	162584
which is hereby created in the state treasury. All investment	162585
earnings of the fund shall be credited to the fund.	162586

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	162587
AGENCY SERVICE AND REIMBURSEMENT FUND	162588

On July 1 of each fiscal year, or as soon as possible	162589
thereafter, the Director of Budget and Management shall transfer	162590
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	162591
Emergency Management Agency Service and Reimbursement Fund (Fund	162592
4V30) to be distributed to the Ohio Task Force One – Urban Search	162593
and Rescue Unit, other similar urban search and rescue units	162594
around the state, and for the maintenance of the statewide fire	162595
emergency response plan by an entity recognized by the Ohio	162596
Emergency Management Agency.	162597

FAMILY VIOLENCE PREVENTION FUND

162598

Notwithstanding any provision of law to the contrary, in each	162599
of fiscal years 2014 and 2015, the first $750,000 received to the	162600
credit of the Family Violence Prevention Fund (Fund 5BK0) is	162601
appropriated to appropriation item 768689, Family Violence Shelter	162602
Programs, and the next $400,000 received to the credit of Fund	162603
5BK0 in each of those fiscal years is appropriated to	162604
appropriation item 768687, Criminal Justice Services - Operating.	162605
Any moneys received to the credit of Fund 5BK0 in excess of the	162606
aforementioned appropriated amounts in each fiscal year shall,	162607
upon the approval of the Controlling Board, be used to provide	162608
grants to family violence shelters in Ohio.	162609

SARA TITLE III HAZMAT PLANNING

162610

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	162611
entitled to receive grant funds from the Emergency Response	162612
Commission to implement the Emergency Management Agency's	162613
responsibilities under Chapter 3750. of the Revised Code.	162614

COLLECTIVE BARGAINING INCREASES

162615

Notwithstanding division (D) of section 127.14 and division	162616
(B) of section 131.35 of the Revised Code, except for the General	162617
Revenue Fund, the Controlling Board may, upon the request of	162618
either the Director of Budget and Management, or the Department of	162619
Public Safety with the approval of the Director of Budget and	162620
Management, authorize expenditures in excess of appropriations and	162621
transfer appropriations, as necessary, for any fund used by the	162622
Department of Public Safety, to assist in paying the costs of	162623
increases in employee compensation that have occurred pursuant to	162624
collective bargaining agreements under Chapter 4117. of the	162625
Revised Code and, for exempt employees, under section 124.152 of	162626
the Revised Code. Any money approved for expenditure under this	162627
paragraph is hereby appropriated.	162628

CASH BALANCE FUND REVIEW

162629

Not later than the first day of April in each fiscal year of	162630
the biennium, the Director of Budget and Management shall review	162631
the cash balances for each fund, except the State Highway Safety	162632
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	162633
4W40), in the State Highway Safety Fund Group, and shall recommend	162634
to the Controlling Board an amount to be transferred to the credit	162635
of Fund 7036 or Fund 4W40, as appropriate.	162636

AUTO REGISTRATION DISTRIBUTION FUND

162637

Notwithstanding the amendment by this act to section 4501.03	162638
of the Revised Code and the enactment by this act of section	162639
4501.031 of the Revised Code, any license tax assessed under	162640
Chapters 4503. or 4504. of the Revised Code, and derived from	162641
registrations processed on business days prior to July 1, 2013,	162642
shall be deposited to the state treasury to the credit of the Auto	162643
Registration Distribution Fund (Fund 7051) created by section	162644
4501.03 of the Revised Code, even if such deposit does not occur	162645
until on or after July 1, 2013. All license tax assessed on	162646
registrations under Chapters 4503. or 4504. of the Revised Code	162647
prior to July 1, 2013, shall be deposited, and distributed, in	162648
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	162649
4501.043 of the Revised Code as they existed prior to the	162650
amendments to those sections by this act.	162651

Sec. 506.10. Notwithstanding division (A)(3) of section	162652
4501.044 and division (A)(1) of section 4501.045 of the Revised	162653
Code, commencing July 1, 2013, and extending through June 30,	162654
2014, the Director of Public Safety shall deposit the money	162655
otherwise deposited and distributed in accordance with those	162656
divisions into the State Highway Safety Fund (Fund 7036) created	162657
by section 4501.06 of the Revised Code until such time as the	162658
deposits equal a cumulative total of ~~$35,000,000~~$29,000,000. At	162659
that point, the Director shall cease depositing any such money	162660
into Fund 7036 and shall deposit and distribute that money as	162661
prescribed in division (A)(3) of section 4501.044 and division	162662
(A)(1) of section 4501.045 of the Revised Code.	162663

Notwithstanding division (A)(3) of section 4501.044 and	162664
division (A)(1) of section 4501.045 of the Revised Code,	162665
commencing July 1, 2014, and extending through June 30, 2015, the	162666
Director of Public Safety shall deposit the money otherwise	162667
deposited and distributed in accordance with those divisions into	162668
the State Highway Safety Fund (Fund 7036) created by section	162669
4501.06 of the Revised Code until such time as the deposits equal	162670
a cumulative total of $35,000,000. At that point, the Director	162671
shall cease depositing any such money into Fund 7036 and shall	162672
deposit and distribute that money as prescribed in division (A)(3)	162673
of section 4501.044 and division (A)(1) of section 4501.045 of the	162674
Revised Code.	162675

Sec. 755.30. ~~On July 1~~Beginning on July 31, 2013, and on	162676
the ~~first~~last day of the month for each month thereafter, ~~the~~	162677
~~Treasurer of State,~~ before making any of the distributions	162678
specified in sections 5735.23, 5735.26, 5735.291, and 5735.30 of	162679
the Revised Code but after any transfers to the tax refund fund as	162680
required by those sections and section 5703.052 of the Revised	162681
Code, the Treasurer of State shall deposit the first two per cent	162682
of the amount of motor fuel tax received for the preceding	162683
calendar month to the credit of the Highway Operating Fund (Fund	162684
7002).	162685

Section 605.11. That existing Sections 205.10, 506.10, and	162686
755.30 of Am. Sub. H.B. 51 of the 130th General Assembly are	162687
hereby repealed.	162688

Section 605.20. That Section 753.30 of Am. Sub. H.B. 153 of	162689
the 129th General Assembly be amended to read as follows:	162690

Sec. 753.30. (A) The Governor is authorized to execute a deed	162691
in the name of the state conveying to a buyer or buyers to be	162692
determined in the manner provided in division (B) of this section	162693
all of the state's right, title, and interest in the real property	162694
of any facility under the management and control of the Department	162695
of Youth Services following the closure of that facility that the	162696
Director of Administrative Services determines is no longer	162697
required for state purposes. This section applies only to	162698
facilities that are closed before January 1, 2012.	162699

(B)(1) The Director of Administrative Services shall offer	162700
the real estate, improvements and chattels of a facility sold	162701
pursuant to division (A) of this section for sale "as is" in its	162702
present condition according to the following process:	162703

The real estate of the facility shall be sold as an entire	162704
parcel and not subdivided.	162705

The Director of Administrative Services shall conduct a	162706
sealed bid sale and the real property of the facility shall be	162707
sold to the highest bidder at a price acceptable to both the	162708
Director of Administrative Services and the Director of Youth	162709
Services.	162710

(2) The contract for sale of a facility pursuant to this	162711
section shall include a condition that requires the purchaser to	162712
provide preferential hiring treatment to employees or former	162713
employees of the Department of Youth Services in order to retain	162714
or rehire staff displaced as a result of the closure of the	162715
facility located on the property, to the extent the purchaser's	162716
use of the facility requires employees in the same or similar	162717
positions as those displaced as a result of the closure.	162718

The contract for sale also shall include a binding commitment	162719
that irrevocably grants to the state a right, upon the occurrence	162720
of any triggering event described in division (B)(2)(a) or (b) of	162721
this section and in accordance with the particular division, to	162722
repurchase the facility and the real property on which it is	162723
situated, any surrounding land that is to be transferred under the	162724
contract, or both the facility and real property on which it is	162725
situated plus the surrounding land that is to be transferred under	162726
the contract. The triggering events and the procedures for a	162727
repurchase under the irrevocable grant described in this division	162728
are as follows:	162729

(a) Before the purchaser, or the purchaser's successor in	162730
title, may resell or otherwise transfer the facility and the real	162731
property on which it is situated, any surrounding land that is to	162732
be transferred under the contract, or both the facility and real	162733
property on which it is situated plus the surrounding land that is	162734
to be transferred under the contract, the purchaser or successor	162735
first must offer the state the opportunity to repurchase the	162736
facility, real property, and surrounding land that is to be resold	162737
or transferred for a price not greater than the purchase price	162738
paid to the state for that facility, real property, or surrounding	162739
land, less depreciation from the time of the conveyance of that	162740
facility, real property, or surrounding land to the purchaser,	162741
plus the depreciated value of any capital improvements to that	162742
facility, real property, or surrounding land that were made to it	162743
and funded by anyone other than the state subsequent to the	162744
conveyance to the purchaser. The repurchase opportunity described	162745
in this division must be offered to the state at least one hundred	162746
twenty days before the purchaser intends to resell or otherwise	162747
transfer the facility, real property, or surrounding land that is	162748
to be resold or transferred. After being offered the repurchase	162749
opportunity, the state has the right to repurchase the facility,	162750
real property, and surrounding land that is to be resold or	162751
otherwise transferred for the price described in this division.	162752

(b) Upon the purchaser's default of any financial agreement	162753
for the purchase of the facility and the real property on which it	162754
is situated, any surrounding land that is to be transferred under	162755
the contract, or both the facility and real property on which it	162756
is situated plus the surrounding land that is to be transferred	162757
under the contract, upon the purchaser's default of any other term	162758
in the contract, or upon the purchaser's financial insolvency or	162759
inability to meet its contractual obligations, the state has the	162760
right to repurchase the facility and real property, the	162761
surrounding land, or both the facility and real property and the	162762
surrounding land, for a price not greater than the purchase price	162763
paid to the state for that facility, real property, or surrounding	162764
land, less depreciation from the time of the conveyance of that	162765
facility, real property, or surrounding land to the purchaser,	162766
plus the depreciated value of any capital improvements to that	162767
facility, real property, or surrounding land that were made to it	162768
and funded by anyone other than the state subsequent to the	162769
conveyance to the purchaser.	162770

(3) The Director of Administrative Services shall advertise	162771
the sealed bid sale in a newspaper of general circulation within	162772
Scioto County once a week for three consecutive weeks prior to the	162773
date of the sealed bid sale. The Director of Administrative	162774
Services may reject any and all bids from the sealed bid sale. The	162775
terms of sale shall be ten per cent of the purchase price in cash,	162776
bank draft, or certified check payable within five business days	162777
following written notification of the acceptance of the bid by the	162778
Director of Administrative Services, with the balance payable	162779
within sixty days after the date of the written notification of	162780
the acceptance of the bid by the Director of Administrative	162781
Services. A purchaser who does not complete the conditions of the	162782
sale as prescribed in this division shall forfeit the ten per cent	162783
of the purchase price paid to the state as liquidated damages.	162784
Should a purchaser not complete the conditions of sale as	162785
described in this division, the Director of Administrative	162786
Services is authorized to accept the next highest bid by	162787
collecting ten per cent of the revised purchase price from that	162788
bidder and to proceed to close the sale, provided that the	162789
secondary bid meets all other criteria provided for in this	162790
section. If the Director of Administrative Services rejects all	162791
bids from the sealed bid sale, the Director may repeat the sealed	162792
bid process described in this section or may use an alternate sale	162793
process acceptable to the Director of Youth Services.	162794

Advertising costs and any other costs incident to the sale of	162795
a facility pursuant to this section shall be paid by the	162796
Department of Youth Services.	162797

Upon notice from the Director of Administrative Services, the	162798
Auditor of State, with the assistance of the Attorney General,	162799
shall prepare a deed to the facility to the purchaser identified	162800
by the Director of Administrative Services. The deed shall be	162801
executed by the Governor, countersigned by the Secretary of State,	162802
presented in the Office of the Auditor of State for recording, and	162803
delivered to the grantee at closing and upon the grantee's payment	162804
of the balance of the purchase price. The grantee shall present	162805
the deed for recording in the office of the recorder of the county	162806
in which the facility is located.	162807

The grantee shall pay all costs associated with the purchase	162808
and conveyance of the facility, including the costs of recording	162809
the deed.	162810

The net proceeds of the conveyance of the facility shall be	162811
deposited into the State Treasury to the credit of the Adult and	162812
Juvenile Correctional Facilities Bond Retirement Fund and shall be	162813
used to offset bond indebtedness on state bonds issued for the	162814
facility that has been sold. The Director of Budget and Management	162815
may direct that any moneys remaining in the fund after the	162816
redemption or defeasance of the bonds issued for that facility be	162817
transferred to the General Revenue Fund.	162818

(C) This section expires two years after its effective date	162819
or on November 1, 2015, whichever is later.	162820

Section 605.21. That existing Section 753.30 of Am. Sub. H.B.	162821
153 of the 129th General Assembly is hereby repealed.	162822

Section 605.23. That Section 4 of Am. Sub. H.B. 279 of the	162823
129th General Assembly be amended to read as follows:	162824

Sec. 4. Notwithstanding any provision of the Revised Code to	162825
the contrary, individuals that provide services to a child under	162826
the autism scholarship program shall not be required to comply	162827
with the requirements of section 3310.43 of the Revised Code as	162828
enacted by this act until ~~twelve months after the effective date~~	162829
~~of this section~~December 20, 2014.	162830

Section 605.24. That existing Section 4 of Am. Sub. H.B. 279	162831
of the 129th General Assembly is hereby repealed.	162832

Section 605.30. That Section 11 of Sub. H.B. 303 of the 129th	162833
General Assembly be amended to read as follows:	162834

Sec. 11. (A) As used in this section, "intermediate care	162835
facility for individuals with intellectual disabilities" and	162836
"ICF/IID" mean an intermediate care facility for the mentally	162837
retarded as defined in the "Social Security Act," section 1905(d),	162838
42 U.S.C. 1396d(d).	162839

(B) The Department of Developmental Disabilities may conduct	162840
or contract with another entity to conduct, for the first quarter	162841
of calendar year 2013, assessments of all residents of each	162842
ICF/IID, regardless of payment source, who are in the ICF/IID, or	162843
on hospital or therapeutic leave from the ICF/IID, on the day or	162844
days that the assessments are conducted at the ICF/IID.	162845

(C) If assessments are conducted under division (B) of this	162846
section, the Department shall do all of the following:	162847

(1) In conducting the assessments, provide for both of the	162848
following:	162849

(a) The resident assessment instrument prescribed in rules	162850
authorized by ~~division (B) of~~ section ~~5111.232~~5124.191 of the	162851
Revised Code to be used in accordance with an inter-rater reliable	162852
process;	162853

(b) The assessments to be performed by individuals who meet	162854
the requirements to be qualified intellectual disability	162855
professionals, as specified in 42 C.F.R. 483.430(a).	162856

(2) Use the data obtained from the assessments to determine	162857
each ICF/IID's case-mix score for the first quarter of calendar	162858
year 2013;	162859

(3) ~~For the purpose of determining each ICF/IID's fiscal year~~	162860
~~2014 Medicaid rates for direct care costs and subject~~Subject to	162861
divisions (C)~~(8)~~(7), (D), and ~~(E)~~(F) of this section, ~~do both of~~	162862
~~the following~~determine the fiscal year 2014 Medicaid payment rate	162863
for the direct care costs of each ICF/IID as follows:	162864

(a) Determine the average of the following:

162865

(i) The ICF/IID's case-mix score determined or assigned under	162866
section 5124.192 of the Revised Code for the last quarter of	162867
calendar year 2012;	162868

(ii) The ICF/IID's case-mix score determined under section	162869
5124.192 of the Revised Code for the first quarter of calendar	162870
year 2013;	162871

(iii) The ICF/IID's case-mix score determined under division	162872
(C)(2) of this section for the first quarter of calendar year	162873
2013.	162874

(b) In determining costs per case-mix units and maximum costs	162875
per case-mix units for the purpose of ~~division~~divisions (B) and	162876
(C) of section ~~5111.23~~5124.19 of the Revised Code, use ~~each~~	162877
~~ICF/IID's case-mix score~~the average determined under division	162878
(C)~~(2)~~(3)(a) of this section in place of the ICF/IID's average	162879
case-mix score for calendar year 2012;	162880

~~(b) Instead of determining quarterly Medicaid rates for the~~	162881
~~direct care costs of each ICF/IID pursuant to division (D) of~~	162882
~~section 5111.23 of the Revised Code, determine, as follows, one~~	162883
~~Medicaid rate for the direct care costs of each ICF/IID to be paid~~	162884
~~for all of fiscal year 2014:~~	162885

~~(i)~~(c) Multiply the ~~ICF/IID's case-mix score~~average	162886
determined under division (C)~~(2)~~(3)(a) of this section by the	162887
lesser of the cost per case-mix unit determined for the ICF/IID	162888
pursuant to division (C)(3)~~(a)~~(b) of this section or the maximum	162889
cost per case-mix unit determined for the ICF/IID's peer group	162890
pursuant to division (C)(3)~~(a)~~(b) of this section;	162891

~~(ii)~~(d) Adjust the product determined under division	162892
(C)(3)~~(b)(i)~~(c) of this section by the inflation rate estimated in	162893
accordance with division ~~(B)(3)~~(D) of section ~~5111.23~~5124.19 of	162894
the Revised Code.	162895

(4) For the purpose of determining each ICF/IID's fiscal year	162896
2015 Medicaid rates for direct care costs and subject to division	162897
(C)~~(8)~~(7) of this section, use the ~~following when determining,~~	162898
~~pursuant to the second paragraph of division (C) of section~~	162899
~~5111.232 of the Revised Code, each~~ ICF/IID's ~~annual average~~	162900
case-mix score determined under division (C)(2) of this section	162901
for the first quarter of calendar year 2013:	162902

~~(a) For the first quarter of calendar year 2013, the~~	162903
~~ICF/IID's case-mix score determined under division (C)(2) of this~~	162904
~~section;~~	162905

~~(b) For the last three quarters of calendar year 2013 and~~	162906
~~except as provided in division (D) of section 5111.232 of the~~	162907
~~Revised Code, the ICF/IID's case-mix scores determined by using~~	162908
~~the data the ICF/IID provider compiles in accordance with the~~	162909
~~first paragraph of division (C) of section 5111.232 of the Revised~~	162910
~~Code.~~if the ICF/IID provider does not submit resident assessment	162911
data for that quarter pursuant to section 5124.191 of the Revised	162912
Code;	162913

(5) ~~Notify each ICF/IID provider that the provider is~~	162914
~~permitted but not required to compile assessment data for the~~	162915
~~first quarter of calendar year 2013 pursuant to the first~~	162916
~~paragraph of division (C) of section 5111.232 of the Revised Code;~~	162917

~~(6)~~ After the assessments of all of an ICF/IID's residents	162918
are completed but not later than April 30, 2013, provide, or have	162919
the entity (if any) with which the Department contracts pursuant	162920
to division (B) of this section provide, the results of the	162921
assessments to the ICF/IID provider;	162922

~~(7)~~(6) Conduct, in accordance with division (C)~~(8)~~(7) of this	162923
section, a reconsideration for any ICF/IID provider who does both	162924
of the following:	162925

(a) Submits a written request for the reconsideration to the	162926
Department not later than fifteen days after the provider receives	162927
the assessments' results pursuant to division (C)~~(6)~~(5) of this	162928
section;	162929

(b) Includes in the request all of the following:

162930

(i) A detailed explanation of the items in the assessments'	162931
results that the provider disputes;	162932

(ii) Copies of relevant supporting documentation from	162933
specific resident records;	162934

(iii) The provider's proposed resolution of the disputes.

162935

~~(8)~~(7) When conducting a reconsideration required by division	162936
(C)~~(7)~~(6) of this section, do both of the following:	162937

(a) Consider all of the following:

162938

(i) The historic results of the resident assessments	162939
performed pursuant to section 5124.191 of the Revised Code	162940
(formerly the first paragraph of division (C) of section ~~5111.232~~	162941
5124.19 of the Revised Code as that section existed on the day	162942
immediately before the effective date of the amendments to that	162943
section by Sub. H.B. 59 of the 130th general assembly) by the	162944
ICF/IID provider who requested the reconsideration;	162945

(ii) All of the materials the provider includes in the	162946
reconsideration request;	162947

(iii) All other matters the Department determines necessary	162948
for consideration.	162949

(b) Issue a written decision regarding the reconsideration	162950
not later than the sooner of the following:	162951

(i) Thirty days after the Department receives the	162952
reconsideration request;	162953

(ii) June 1, 2013.

162954

(D) If an ICF/IID provider does not submit resident	162955
assessment data to the department pursuant to section 5124.191 of	162956
the Revised Code for the first quarter of calendar year 2013, the	162957
Department shall use the case-mix scores specified in divisions	162958
(C)(3)(a)(i) and (iii) of this section when determining the	162959
average under division (C)(3)(a) of this section.	162960

(E) The Department's decision regarding a reconsideration	162961
required by division (C)~~(7)~~(6) of this section is final and not	162962
subject to further appeal.	162963

~~(E)~~(F) Regardless of what an ICF/IID's case-mix score is	162964
determined to be under division (C)(2) of this section or pursuant	162965
to a reconsideration required by division (C)~~(7)~~(6) of this	162966
section, no such case-mix score shall cause an ICF/IID's fiscal	162967
year 2014 Medicaid payment rate for direct care costs to be less	162968
than ninety per cent of its June 30, 2013, Medicaid rate for	162969
direct care costs.	162970

~~(F)~~(G) No ICF/IID provider shall be treated as having failed,	162971
for the first quarter of calendar year 2013, to timely submit data	162972
necessary to determine the ICF/IID's case-mix score for that	162973
quarter if the assessment is to be conducted under division (B) of	162974
this section.	162975

~~(G)~~(H) The Department may provide for assessments to be	162976
conducted under division (B) of this section and, if it so	162977
provides, shall comply with the other divisions of this section	162978
notwithstanding anything to the contrary in sections ~~5111.20~~	162979
5124.01, ~~5111.23~~5124.19, 5124.191, and ~~5111.232~~5124.192 of the	162980
Revised Code.	162981

Section 605.31. That existing Section 11 of Sub. H.B. 303 of	162982
the 129th General Assembly is hereby repealed.	162983

Section 605.40. That Section 4 of Am. Sub. H.B. 472 of the	162984
129th General Assembly be amended to read as follows:	162985

Sec. 4. That ~~sections 5507.40 and~~section 5507.53 of the	162986
Revised Code ~~are~~is hereby repealed.	162987

Section 605.41. That existing Section 4 of Am. Sub. H.B. 472	162988
of the 129th General Assembly is hereby repealed.	162989

Section 610.10. That Sections 201.80, 205.83, and 509.40 of	162990
Sub. H.B. 482 of the 129th General Assembly be amended to read as	162991
follows:	162992

Sec. 201.80. All items set forth in this section are hereby	162993
appropriated out of any moneys in the state treasury to the credit	162994
of the School Building Program Assistance Fund (Fund 7032), that	162995
are not otherwise appropriated.	162996

Appropriations

SFC SCHOOL FACILITIES COMMISSION	162997

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	162998
C23020	School Security Grant Program	$	12,000,000	162999
Total School Facilities Commission		$	425,000,000	163000
TOTAL School Building Program Assistance Fund		$	425,000,000	163001

SCHOOL BUILDING PROGRAM ASSISTANCE

163002

The foregoing appropriation item C23002, School Building	163003
Program Assistance, shall be used by the School Facilities	163004
Commission to provide funding to school districts that receive	163005
conditional approval from the Commission pursuant to Chapter 3318.	163006
of the Revised Code.	163007

SCHOOL SECURITY GRANT PROGRAM

163008

The foregoing appropriation item C23020, School Security	163009
Grant Program, shall be used by the School Facilities Commission	163010
to provide funding to all public schools for the purchase and	163011
installation of one Multi-Agency Radio Communications System unit	163012
per school building and one school entrance security system, per	163013
school building. The school entrance security system may include	163014
improvements to access control, intrusion detection, or video	163015
surveillance. A school may apply to the School Facilities	163016
Commission for reimbursement up to $2,000 for one Multi-Agency	163017
Radio Communications System Unit per school building and up to	163018
$5,000 for costs incurred with the purchase of a school entrance	163019
security system installed on or after January 1, 2013.	163020

Sec. 205.83. The Ohio Public Facilities Commission is hereby	163021
authorized to issue and sell, in accordance with Section 2o and 2q	163022
of Article VIII, Ohio Constitution, and pursuant to sections	163023
151.01 and 151.09 of the Revised Code, original obligations of the	163024
state in an aggregate principal amount not to exceed $~~6,000,000~~	163025
12,500,000 in addition to the original issuance of obligations	163026
heretofore authorized by prior acts of the General Assembly. These	163027
authorized obligations shall be issued and sold from time to time,	163028
subject to applicable constitutional and statutory limitations, as	163029
needed to ensure sufficient moneys to the credit of the Clean Ohio	163030
Trail Fund (Fund 7061) to pay costs of conservation projects.	163031

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	163032
PROJECTS	163033

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	163034
the Revised Code, the Executive Director of ~~Administrative~~	163035
~~Services~~the Ohio Facilities Construction Commission may authorize	163036
the Departments of Mental Health, Developmental Disabilities,	163037
Agriculture, Job and Family Services, Rehabilitation and	163038
Correction, Youth Services, Public Safety, Transportation, ~~and~~	163039
Veterans Services, and the Bureau of Workers' Compensation to	163040
administer any capital facilities projects, the estimated cost of	163041
which, including design fees, construction, equipment, and	163042
contingency amounts, is less than $1,500,000. Requests for	163043
authorization to administer capital facilities projects shall be	163044
made ~~in writing to the Director of Administrative Services~~through	163045
the OAKS-CI application by the applicable state agency ~~within~~	163046
~~sixty days after the effective date of the section of law in which~~	163047
~~the General Assembly initially makes an appropriation for the~~	163048
~~project~~. Upon the release of funds for the projects by the	163049
Controlling Board or the Director of Budget and Management, the	163050
agency may administer the capital project or projects for which	163051
agency administration has been authorized without the supervision,	163052
control, or approval of the Executive Director of ~~Administrative~~	163053
~~Services~~the Ohio Facilities Construction Commission.	163054

A state agency authorized by the Executive Director of	163055
~~Administrative Services~~the Ohio Facilities Construction	163056
Commission to administer capital facilities projects pursuant to	163057
this section shall comply with the applicable procedures and	163058
guidelines established in Chapter 153. of the Revised Code and	163059
shall track all project information in OAKS-CI pursuant to Ohio	163060
Facilities Construction Commission guidelines.	163061

Section 610.11. That existing Sections 201.80, 205.83, and	163062
509.40 of Sub. H.B. 482 of the 129th General Assembly are hereby	163063
repealed.	163064

Section 610.14. That Sections 301.11, 301.12, and 301.13 of	163065
Am. Sub. H.B. 487 of the 129th General Assembly be amended to read	163066
as follows:	163067

Sec. 301.11. The items set forth in this section are hereby	163068
appropriated out of any moneys in the state treasury to the credit	163069
of the Clean Ohio Conservation Fund (Fund 7056) that are not	163070
otherwise appropriated.	163071

Appropriations

PWC PUBLIC WORKS COMMISSION	163072

C15060	Clean Ohio Conservation	$	~~36,000,000~~ 75,000,000	163073
Total Public Works Commission		$	~~36,000,000~~ 75,000,000	163074
TOTAL Clean Ohio Conservation Fund		$	~~36,000,000~~ 75,000,000	163075

The foregoing appropriation item C15060, Clean Ohio	163076
Conservation, shall be used in accordance with sections 164.20 to	163077
164.27 of the Revised Code. If the Public Works Commission	163078
receives refunds due to project overpayments that are discovered	163079
during the post-project audit, the Director of the Public Works	163080
Commission may certify to the Director of Budget and Management	163081
that refunds have been received. If the Director of Budget and	163082
Management determines that the project refunds are available to	163083
support additional appropriations, such amounts are hereby	163084
appropriated.	163085

Sec. 301.12. The items set forth in this section are hereby	163086
appropriated out of any moneys in the state treasury to the credit	163087
of the Clean Ohio Agricultural Easement Fund (Fund 7057) that are	163088
not otherwise appropriated.	163089

Appropriations

AGR DEPARTMENT OF AGRICULTURE	163090

C70009	Clean Ohio Agricultural Easements	$	~~6,000,000~~ 12,500,000	163091
Total Department of Agriculture		$	~~6,000,000~~ 12,500,000	163092
TOTAL Clean Ohio Agricultural Easement Fund		$	~~6,000,000~~ 12,500,000	163093

Sec. 301.13. (A) The Ohio Public Facilities Commission is	163095
hereby authorized to issue and sell, in accordance with Section 2o	163096
and 2q of Article VIII, Ohio Constitution, and pursuant to	163097
sections 151.01 and 151.09 of the Revised Code, original	163098
obligations of the state in an aggregate principal amount not to	163099
exceed $~~36,000,000~~75,000,000 in addition to the original issuance	163100
of obligations heretofore authorized by prior acts of the General	163101
Assembly. These authorized obligations shall be issued and sold	163102
from time to time, subject to applicable constitutional and	163103
statutory limitations, as needed to ensure sufficient moneys to	163104
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	163105
costs of conservation projects.	163106

(B) The Ohio Public Facilities Commission is hereby	163107
authorized to issue and sell, in accordance with Section 2o and 2q	163108
of Article VIII, Ohio Constitution, and pursuant to sections	163109
151.01 and 151.09 of the Revised Code, original obligations of the	163110
state in an aggregate principal amount not to exceed $~~6,000,000~~	163111
12,500,000 in addition to the original issuance of obligations	163112
heretofore authorized by prior acts of the General Assembly. These	163113
authorized obligations shall be issued and sold from time to time,	163114
subject to applicable constitutional and statutory limitations, as	163115
needed to ensure sufficient moneys to the credit of the Clean Ohio	163116
Agricultural Easement Fund (Fund 7057) to pay costs of	163117
conservation projects.	163118

Section 610.15. That existing Sections 301.11, 301.12, and	163119
301.13 of Am. Sub. H.B. 487 of the 129th General Assembly are	163120
hereby repealed.	163121

Section 610.16. That Section 205.80 of Sub. H.B. 482 of the	163122
129th General Assembly, as amended by Am. Sub. H.B. 487 of the	163123
129th General Assembly, be amended to read as follows:	163124

Sec. 205.80. The items set forth in this section are hereby	163125
appropriated out of any moneys in the state treasury to the credit	163126
of the Clean Ohio Trail Fund (Fund 7061) that are not otherwise	163127
appropriated.	163128

DNR DEPARTMENT OF NATURAL RESOURCES	163129

Appropriations

C72514	Clean Ohio Local Grants	$	~~6,000,000~~ 12,500,000	163130
Total Department of Natural Resources		$	~~6,000,000~~ 12,500,000	163131
TOTAL Clean Ohio Trail Fund		$	~~6,000,000~~ 12,500,000	163132

Section 610.17. That existing Section 205.80 of Sub. H.B. 482	163134
of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of	163135
the 129th General Assembly, is hereby repealed.	163136

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	163137
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	163138
General Assembly, be amended to read as follows:	163139

Sec. 4. The following agencies are retained under division	163140
(D) of section 101.83 of the Revised Code and expire on December	163141
31, 2016:	163142

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	163143
Academic Distress Commission	3302.10	163144
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	163145
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	163146
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	163147
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	163148
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	163149
Advisory Committee on Livestock Exhibitions	901.71	163150
Agricultural Commodity Marketing Programs Operating Committees	924.07	163151
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	163152
Alternative Energy Advisory Committee	4928.64(D)	163153
AMBER Alert Advisory Committee	5502.521	163154
Apprenticeship Council	Chapter 4139.	163155
Armory Board of Control	5911.09, 5911.12	163156
Automated Title Processing Board	4505.09(C)(1)	163157
Backflow Advisory Board	3703.21	163158
Banking Commission	1123.01	163159
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	163160
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	163161
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	163162
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	163163
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	163164
Board of Governors of the Medical Liability Underwriting Association	3929.64	163165
Board of Voting Machines Examiners	3506.05	163166
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	163167
Brain Injury Advisory Committee	3304.231	163168
Bureau of Workers' Compensation Board of Directors	4121.12	163169
Capitol Square Review and Advisory Board	105.41	163170
Child Care Advisory Council	5104.08	163171
Child Support Guideline Advisory Council	3119.024	163172
Children's Trust Fund Board	3109.15 - 3109.17	163173
Citizen's Advisory Council	5123.092, 5123.093	163174
Clean Ohio Trail Advisory Board	1519.06	163175
Coastal Resources Advisory Council	1506.12	163176
Commission on African-American Males	4112.12, 4112.13	163177
Commission on Hispanic-Latino Affairs	121.31	163178
Commission on Minority Health	3701.78	163179
Committee on Prescriptive Governance	4723.49 - 4723.492	163180
Commodity Advisory Commission	926.32	163181
Consumer Advisory Committee to the Opportunities for Ohioans with Disabilities Commission	3304.16 (3304.14), Section 803.40	163182
Continuing Education Committee	109.80(B)	163183
Council on Alcohol and Drug Addiction Services	3793.09	163184
Council on Unreclaimed Strip Mined Lands	1513.29	163185
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	163186
Credential Review Board	3319.65	163187
Credit Union Council	1733.329	163188
Criminal Sentencing Advisory Committee	181.22	163189
Data Collection and Analysis Group	3727.32	163190
Dentist Loan Repayment Advisory Board	3702.92	163191
Department Advisory Council(s)	107.18, 121.13	163192
Development Financing Advisory Council	122.40, 122.41	163193
Early Childhood Advisory Council	3301.90	163194
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	163195
Education Management Information System Advisory Board	3301.0713	163196
Educator Standards Board	3319.60	163197
Electrical Safety Inspector Advisory Committee	3783.08	163198
Emergency Response Commission	3750.02	163199
Engineering Experiment Station Advisory Committee	3335.27	163200
Environmental Education Council	3745.21	163201
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	163202
~~eTech Ohio~~ Broadcast Educational Media Commission	3353.02 - 3353.04	163203
Ex-Offender Reentry Coalition	5120.07	163204
Farmland Preservation Advisory Board	901.23	163205
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	163206
Financial Planning and Supervision Commission for a school district	3316.05	163207
Forestry Advisory Council	1503.40	163208
Governance Authority for a State University or College	3345.75	163209
Governor's Council on People with Disabilities	3303.41	163210
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	163211
Governor's Residence Advisory Commission	107.40	163212
Grain Marketing Program Operating Committee	924.20 - 924.30	163213
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	163214
Gubernatorial Transition Committee	107.29, 126.26	163215
Help Me Grow Advisory Council	3701.611	163216
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	163217
Homeland Security Advisory Council	5502.011(E)	163218
Hospital Measures Advisory Council	3727.31	163219
Housing Trust Fund Advisory Committee	174.06	163220
Industrial Commission Nominating Council	4121.04	163221
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	163222
Infant Hearing Screening Subcommittee	3701.507	163223
Infection Control Group	3727.312(D)	163224
Insurance Agent Education Advisory Council	3905.483	163225
Interstate Rail Passenger Advisory Council	4981.35	163226
Joint Select Committee on Volume Cap	133.021	163227
Labor-Management Government Advisory Council	4121.70	163228
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	163229
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	163230
Maternity and Newborn Advisory Council	3711.20, 3711.21	163231
Medically Handicapped Children's Medical Advisory Council	3701.025	163232
Midwest Interstate Passenger Rail Compact Commission	4981.361	163233
Milk Sanitation Board	917.03 - 917.032	163234
Mine Subsidence Insurance Governing Board	3929.51	163235
Minority Development Financing Advisory Board	122.72, 122.73	163236
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	163237
National Museum of Afro-American History and Culture Planning Committee	149.303	163238
New African Immigrants Commission	4112.31, 4112.32	163239
Ohio Accountability Task Force	3302.021(E)	163240
Ohio Advisory Council for the Aging	173.03	163241
Ohio Agriculture License Plate Scholarship Fund Board	901.90	163242
Ohio Arts Council	Chapter 3379.	163243
Ohio Business Gateway Steering Committee	5703.57	163244
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	163245
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	163246
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	163247
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	163248
Ohio Commission on Fatherhood	5101.34	163249
Ohio Community Service Council	121.40 - 121.404	163250
Ohio Council for Interstate Adult Offender Supervision	5149.22	163251
Ohio Cultural Facilities Commission	Chapter 3383.	163252
Ohio Cystic Fibrosis Legislative Task Force	101.38	163253
Ohio Developmental Disabilities Council	5123.35	163254
Ohio Expositions Commission	991.02	163255
Ohio Family and Children First Cabinet Council	121.37	163256
Ohio Geographically Referenced Information Program Council	125.901, 125.902	163257
Ohio Geology Advisory Council	1501.11	163258
Ohio Grape Industries Committee	924.51 - 924.55	163259
Ohio Historic Site Preservation Advisory Board	149.301	163260
Ohio Historical Society Board of Trustees	149.30	163261
Ohio Judicial Conference	105.91 - 105.97	163262
Ohio Lake Erie Commission	1506.21	163263
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	163264
Ohio Medical Quality Foundation	3701.89	163265
Ohio Parks and Recreation Council	1541.40	163266
Ohio Peace Officer Training Commission	109.71, 109.72	163267
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	163268
Ohio Public Defender Commission	120.01 - 120.03	163269
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	163270
Ohio Quarter Horse Development Commission	3769.086	163271
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	163272
Ohio Soil and Water Conservation Commission	1515.02	163273
Ohio Standardbred Development Commission	3769.085	163274
Ohio Subrogation Rights Commission	2323.44	163275
Ohio Thoroughbred Racing Advisory Committee	3769.084	163276
Ohio Transportation Finance Commission	5531.12(B) to (D)	163277
Ohio Tuition Trust Authority	3334.03, 3334.08	163278
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	163279
Ohio Vendors Representative Committee	3304.34, 20 USC 107	163280
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	163281
Ohio Water Advisory Council	1521.031	163282
Ohio Water Resources Council Advisory Group	1521.19	163283
Ohio Water Resources Council	1521.19	163284
Oil and Gas Commission	1509.35	163285
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	163286
Organized Crime Investigations Commission	177.01	163287
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	163288
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	163289
Physician Loan Repayment Advisory Board	3702.81	163290
Power Siting Board	4906.02	163291
Prequalification Review Board	5525.07	163292
Private Water Systems Advisory Council	3701.346	163293
Public Utilities Commission Nominating Council	4901.021	163294
Public Utility Property Tax Study Committee	5727.85(K)	163295
Radiation Advisory Council	3748.20	163296
Reclamation Commission	1513.05	163297
Reclamation Forfeiture Fund Advisory Board	1513.182	163298
Recreation and Resources Commission	1501.04	163299
Recycling and Litter Prevention Advisory Council	1502.04	163300
School and Ministerial Lands Divestiture Committee	501.041	163301
Savings and Loan Associations and Savings Banks Board	1181.16	163302
Second Chance Trust Fund Advisory Committee	2108.35	163303
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	163304
Ski Tramway Board	4169.02	163305
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	163306
Solid Waste Management Advisory Council	3734.51	163307
Special Commission to Consider the Suspension of Local Government Officials	3.16	163308
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	163309
State Agency Coordinating Group	1521.19	163310
State Audit Committee	126.46	163311
State Council of Uniform State Laws	105.21 - 105.27	163312
State Criminal Sentencing Commission	181.22 - 181.26	163313
State Fire Council	3737.81	163314
State Library Board	3375.01	163315
State Victims Assistance Advisory Council	109.91(B) and (C)	163316
Statewide Consortium of County Law Library Resource Boards	3375.481	163317
STEM Committee	3326.02	163318
Student Tuition Recovery Authority	3332.081	163319
Sunset Review Committee	101.84 - 101.87	163320
Tax Credit Authority	122.17(M)	163321
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	163322
Technical Advisory Council on Oil and Gas	1509.38	163323
Transportation Review Advisory Council	5512.07 - 5512.09	163324
Unemployment Compensation Advisory Council	4141.08	163325
Unemployment Compensation Review Commission	4141.06	163326
Veterans Advisory Committee	5902.02(K)	163327
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	163328
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	163329
Water and Sewer Commission	1525.11(C)	163330
Waterways Safety Council	1547.73	163331
Wildlife Council	1531.03 - 1531.05	163332
Workers' Compensation Board of Directors Nominating Committee	4121.123	163333

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	163334
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	163335
129th General Assembly, is hereby repealed.	163336

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	163337
128th General Assembly be amended to read as follows:	163338

Sec. 105.05. Section 121.53 of the Revised Code is hereby	163339
repealed, effective ~~September~~June 30, ~~2013~~2014.	163340

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	163341
2 of the 128th General Assembly is hereby repealed.	163342

Section 630.10. All items set forth in this section are	163343
hereby appropriated out of any moneys in the state treasury to the	163344
credit of the Administrative Building Fund (Fund 7026) that are	163345
not otherwise appropriated for the biennium ending June 30, 2014:	163346

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	163347

C19506	Children's Home				$	100,000		163348
Total Development Services Agency					$	100,000		163349

CHILDREN'S HOME

163350

The foregoing appropriation item C19506, Children's Home,	163351
shall be used for the Children's Home of Cincinnati.	163352

Section 630.10.10. All items set forth in this section are	163353
hereby appropriated out of any moneys in the state treasury to the	163354
credit of the Parks and Recreation Improvement Fund (Fund 7035)	163355
that are not otherwise appropriated for the biennium ending June	163356
30, 2014:	163357

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	163358

C725S6			Cleveland Zoological Society	$	150,000		163359
TOTAL Department of Natural Resources				$	150,000		163360

CLEVELAND ZOOLOGICAL SOCIETY

163361

Of the foregoing appropriation item C725S6, Cleveland	163362
Zoological Society, shall be used for the Cleveland Zoological	163363
Society.	163364

Section 630.11. That Sections 203.30.40, 203.30.70,	163365
203.30.80, 203.90.10, 203.90.20, 205.10.20, 205.30.90, 205.50.70,	163366
and 207.10.10 of Sub. S.B. 312 of the 129th General Assembly be	163367
amended to read as follows:	163368

Reappropriations

Sec. 203.30.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

163369

C87405	Capitol Rotunda Renovations	$	37,363	163370
C87406	Statehouse Grounds Repair/Improvements	$	34,663	163371
C87407	Sound System Upgrades	$	30,654	163372
C87409	Cupola Gutters and Ancillary Roof	$	5,577	163373
C87411	ADA Specific Sidewalk Ramp Replacement	$	7,564	163374
C87412	Capitol Square Security	$	121,316	163375
C87413	CSRAB Visitors' Center	$	48,576	163376
Total Capitol Square Review and Advisory Board		$	285,713	163377

On July 1, 2013, or as soon as possible thereafter, the	163378
Director of Budget and Management shall transfer any unexpended	163379
appropriations in appropriation item C87405, Capitol Rotunda	163380
Renovations, and appropriation item C87413, CSRAB Visitors'	163381
Center, to appropriation item C87412, Capitol Square Security. The	163382
appropriations transferred under this section are hereby	163383
appropriated.	163384

Reappropriations

Sec. 203.30.70. OSB SCHOOL FOR THE BLIND

163385

C22607	Renovation of Science Laboratory Greenhouse	$	26,473	163386
C22614	New School Lighting	$	32,775	163387
C22616	Renovation and Repairs	$	779,478	163388
C22617	Elevator Replacement	$	104,500	163389
C22619	Public Address System Replacement	$	73,150	163390
C22622	Track Shelter	$	42,750	163391
C22624	Natatorium Renovations	$	2,483	163392
C22700	Infrastructure Improvements	$	~~1,640,652~~ 1,657,435	163393
Total Ohio School for the Blind		$	~~2,702,261~~ 2,719,044	163394

PUBLIC ADDRESS SYSTEM REPLACEMENT

163395

The amount reappropriated for the foregoing appropriation	163396
item C22619, Public Address System Replacement, is the	163397
unencumbered and unallotted balance as of June 30, 2012, in	163398
appropriation item C22619, Public Address System Replacement,	163399
minus $77,000.	163400

TRACK SHELTER

163401

The amount reappropriated for the foregoing appropriation	163402
item C22622, Track Shelter, is the unencumbered and unallotted	163403
balance as of June 30, 2012, in appropriation item C22622, Track	163404
Shelter, plus $77,000.	163405

INFRASTRUCTURE IMPROVEMENTS

163406

The amount reappropriated for the foregoing appropriation	163407
item C22700, Infrastructure Improvements, is the unencumbered and	163408
unallotted balance as of June 30, 2013, in appropriation item	163409
C22700, Infrastructure Improvements, plus $16,783.	163410

Reappropriations

Sec. 203.30.80. OSD SCHOOL FOR THE DEAF

163411

C22104	Boilers, Blowers, and Controls for the School Complex	$	44,992	163412
C22107	Renovation and Repairs	$	950,000	163413
C22108	High School Window Replacement	$	20,041	163414
C22109	High School HVAC	$	19,182	163415
C22111	Staff Building Windows and Repair	$	15,983	163416
C22112	Alumni Park Preservation	$	59,375	163417
C22800	Infrastructure Improvements	$	~~905,833~~ 922,616	163418
Total Ohio School for the Deaf		$	~~2,015,406~~ 2,032,189	163419
TOTAL Administrative Building Fund		$	~~29,689,586~~ 29,723,152	163420

Reappropriations

Sec. 203.90.10. DMH DEPARTMENT OF MENTAL HEALTH

163422

C58000	Hazardous Materials Abatement	$	118,750	163423
C58001	Community Assistance Projects	$	~~332,500~~ 232,500	163424
C58002	Campus Consolidation - Automation	$	95,000	163425
C58004	Demolition	$	142,500	163426
C58005	Life Safety/Critical Plant Renovations	$	23,750	163427
C58006	Patient Care/Environment Improvement	$	285,000	163428
C58007	Infrastructure Renovations	$	475,000	163429
C58008	Emergency Improvements	$	285,000	163430
C58009	Patient Environment Improvement Consolidation	$	1,000	163431
C58010	Campus Consolidation	$	23,750,000	163432
C58020	Mandel Jewish Community Center	$	199,500	163433
Total Department of Mental Health		$	~~25,708,000~~ 25,608,000	163434

COMMUNITY ASSISTANCE PROJECTS

163435

Of the foregoing appropriation item C58001, Community	163436
Assistance Projects, ~~$100,000 shall be used for the Children's~~	163437
~~Home of Cincinnati,~~ $100,000 shall be used for the Shaw JCC, and	163438
$300,000 shall be used for the Berea Children's Home.	163439

The amount reappropriated for the foregoing appropriation	163440
item C58001, Community Assistance Projects, is the unencumbered	163441
unallotted balance, as of June 30, 2012, in appropriation item	163442
C58001, Community Assistance Projects, plus $1,096,159.42. Prior	163443
to the expenditure of this reappropriation, the Director of Mental	163444
Health shall certify to the Director of Budget and Management	163445
canceled encumbrances in the amount of at least $1,096,159.42.	163446

INFRASTRUCTURE RENOVATIONS

163447

The amount reappropriated for the foregoing appropriation	163448
item C58007, Infrastructure Renovations, is the unencumbered and	163449
unallotted balance as of June 30, 2012, in appropriation item	163450
C58007, Infrastructure Renovations, plus $2,995,450.24. Prior to	163451
the expenditure of this reappropriation, the Director of Mental	163452
Health shall certify to the Director of Budget and Management	163453
canceled encumbrances in the amount of at least $2,995,450.24.	163454

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

163455

C59004	Community Assistance Projects	$	13,913,599	163456
C59029	Emergency Generator Replacement	$	460,362	163457
C59034	Statewide Developmental Centers	$	1,407,067	163458
C59050	Emergency Improvements	$	484,984	163459
C59051	Energy Conservation	$	430,500	163460
C59055	Camp McKinley Improvements	$	30,000	163461
C59056	The Hope Learning Center	$	250,000	163462
TOTAL Department of Developmental Disabilities		$	16,976,512	163463
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	163464

COMMUNITY ASSISTANCE PROJECTS

163465

The foregoing appropriation item C59004, Community Assistance	163466
Projects, may be used to provide community assistance funds for	163467
the construction or renovation of facilities for day programs or	163468
residential programs that provide services to persons eligible for	163469
services from the Department of Developmental Disabilities or	163470
county boards of developmental disabilities.	163471

The amount reappropriated for the foregoing appropriation	163472
item C59004, Community Assistance Projects, is the unencumbered,	163473
unallotted balance as of June 30, 2012, in appropriation item	163474
C59004, Community Assistance Projects, plus $8,326,255. Prior to	163475
the expenditure of this reappropriation, the Director of	163476
Developmental Disabilities shall certify to the Director of Budget	163477
and Management canceled encumbrances in the Mental Health	163478
Facilities Improvement Fund (Fund 7033) in the amount of at least	163479
$8,326,255.	163480

STATEWIDE DEVELOPMENTAL CENTERS

163481

The amount reappropriated for the foregoing appropriation	163482
item C59034, Statewide Developmental Centers, is the unencumbered,	163483
unallotted balance as of June 30, 2012, in appropriation item	163484
C59034, Statewide Developmental Centers, plus $167,912. Prior to	163485
the expenditure of this reappropriation, the Director of	163486
Developmental Disabilities shall certify to the Director of Budget	163487
and Management canceled encumbrances in the Mental Health	163488
Facilities Improvement Fund (Fund 7033) in the amount of at least	163489
$167,912.	163490

Reappropriations

Sec. 205.10.20. BOR BOARD OF REGENTS

163491

C23506	Third Frontier Project	$	15,689,958	163492
C23519	315 Research and Technology Corridor	$	2,090,000	163493
C23525	CWRU Mt. Sinai Skills and Simulation Center	$	500,000	163494
C23528	Clintonville Fiber Project	$	100,000	163495
C23529	Non-credit Job Training Facilities	$	2,011,227	163496
C23535	CWRU ~~Energy Center~~ Cleveland Center for Membrane and Structural Biology	$	333,333	163497
Total Board of Regents		$	20,724,518	163498

SUPPLEMENTAL RENOVATIONS LIBRARY DEPOSITORIES

163499

The amount reappropriated for appropriation item C23524,	163500
Supplemental Renovations Library Depositories, is the unencumbered	163501
and unallotted balance in appropriation item C23524, Supplemental	163502
Renovations Library Depositories, minus $95,695.	163503

NON-CREDIT JOB TRAINING FACILITIES

163504

The amount reappropriated for the foregoing appropriation	163505
item C23529, Non-credit Job Training Facilities, is the	163506
unencumbered and unallotted balance in appropriation item C23529,	163507
Non-credit Job Training Facilities, as of June 30, 2012, plus	163508
$866,811.	163509

Reappropriations

Sec. 205.30.90. CCC CUYAHOGA COMMUNITY COLLEGE

163510

C37800	Basic Renovations	$	617,662	163511
C37803	Technology Learning Center - Western	$	40,941	163512
C37812	Building A Expansion Module - Western	$	118,115	163513
C37816	College-Wide Wayfinding Signage System	$	118,825	163514
C37817	College-Wide Asset Protection & Building	$	599,645	163515
C37818	Healthcare Technology Building - Eastern	$	1,343,897	163516
C37821	Hospitality Management Program	$	37,203	163517
C37822	Theater Renovations	$	948,231	163518
C37824	Rock and Roll Hall of Fame Archive	$	3,000	163519
C37826	CW Roof Replacement	$	181,197	163520
C37831	Visiting Nurse Association	$	142,500	163521
~~C37833~~	~~Cleveland Zoological Society~~	$	~~142,500~~	163522
C37834	Museum of Contemporary Art Cleveland	$	427,500	163523
C37835	Western Reserve Historical Society	$	2,660,000	163524
Total Cuyahoga Community College		$	~~7,381,216~~ 7,238,716	163525

BASIC RENOVATIONS

163526

The amount reappropriated for the foregoing appropriation	163527
item C37800, Basic Renovations, is the unencumbered and unallotted	163528
balance as of June 30, 2012, in appropriation item C37800, Basic	163529
Renovations, plus $1,033,551.	163530

NON-CREDIT JOB TRAINING

163531

The amount reappropriated for appropriation item C37805,	163532
Non-credit Job Training, is the unencumbered and unallotted	163533
balance in appropriation item C37805, Non-credit Job Training, as	163534
of June 30, 2012, minus $38,676.	163535

BUILDING A EXPANSION MODULE - WESTERN

163536

The amount reappropriated for the foregoing appropriation	163537
item C37812, Building A Expansion Module - Western, is the	163538
unencumbered and unallotted balance as of June 30, 2012, in	163539
appropriation item C37812, Building A Expansion Module - Western,	163540
minus $82,761.	163541

THEATER RENOVATIONS

163542

The amount reappropriated for the foregoing appropriation	163543
item C37822, Theater Renovations, is the unencumbered and	163544
unallotted balance as of June 30, 2012, in appropriation item	163545
C37822, Theater Renovations, minus $950,790.	163546

CCC AUTO LAB IMPROVEMENTS

163547

The amount reappropriated for appropriation item C37830, CCC	163548
Auto Lab Improvements, is the unencumbered and unallotted balance	163549
in appropriation item C37830, CCC Auto Lab Improvements, as of	163550
June 30, 2012, minus $239.	163551

Reappropriations

Sec. 205.50.70. STC STARK TECHNICAL COLLEGE

163552

C38900	Basic Renovations	$	4,775	163553
C38917	Wind Energy Research and Development Center	$	1,166,996	163554
Total Stark Technical College		$	1,171,771	163555
TOTAL Higher Education Improvement Fund		$	~~226,722,333~~ 226,579,833	163556

Sec. 207.10.10. LOCAL PARKS PROJECTS

163558

Of the foregoing appropriation item C725E2, Local Parks	163559
Projects, $50,000 plus an amount equal to two per cent of the	163560
projects listed may be used by the Ohio Department of Natural	163561
Resources for the administration of local projects; $1,586,570	163562
shall be used for Grand Lake St. Mary's Improvements; $400,000	163563
shall be used for the Austin Pike Project - Land Acquisition;	163564
$191,000 shall be used for Deerfield Township Simpson Creek	163565
Erosion Mitigation and Bank Control; $121,700 shall be used for	163566
the Salt Fork State Park Concession Stand; $100,000 shall be used	163567
for the Crown Point Conservation Easement; $100,000 shall be used	163568
for the Euclid Beach Pier; $100,000 shall be used for the Liberty	163569
Park Expansion – Twinsburg; $100,000 shall be used for the Lucas	163570
County Marina; $100,000 shall be used for the Midtown Cleveland	163571
Mountain Bike Park; $100,000 shall be used for the Mudbrook Trail	163572
and Greenway Project; $69,000 shall be used for Miami and Erie	163573
Canal Repairs in Spencerville; $60,000 shall be used for the	163574
Marseilles Reservoir Bulkhead Project; $50,000 shall be used for	163575
Dillon State Park Upgrades; $25,000 shall be used for the	163576
Marblehead Lighthouse State Park Life Boat Station; $24,165 shall	163577
be used for Tar Hollow State Park Improvements; $20,200 shall be	163578
used for Van Buren State Park Campground Electric and Restroom	163579
Facility Improvements; and $10,000 shall be used for Village of	163580
Albany Bike Paths.	163581

FINDLEY STATE PARK

163582

The amount reappropriated for the foregoing appropriation	163583
item C72511, Findley State Park, is the unencumbered and	163584
unallotted balance as of June 30, 2012, in appropriation item	163585
C72511, Findley State Park, minus $22,856.	163586

LAKE HOPE STATE PARK

163587

The amount reappropriated for the foregoing appropriation	163588
item C72522, Lake Hope State Park, is the unencumbered and	163589
unallotted balance as of June 30, 2012, in appropriation item	163590
C72522, Lake Hope State Park, minus $7,276.	163591

HOCKING HILLS STATE PARK

163592

The amount reappropriated for the foregoing appropriation	163593
item C72559, Hocking Hills State Park, is the unencumbered and	163594
unallotted balance as of June 30, 2012, in appropriation item	163595
C72559, Hocking Hills State Park, minus $3,025.	163596

PORTAGE LAKES STATE PARK

163597

The amount reappropriated for the foregoing appropriation	163598
item C72576, Portage Lakes State Park, is the unencumbered and	163599
unallotted balance as of June 30, 2012, in appropriation item	163600
C72576, Portage Lakes State Park, minus $2,040.	163601

DEER CREEK STATE PARK

163602

The amount reappropriated for the foregoing appropriation	163603
item C72594, Deer Creek State Park, is the unencumbered and	163604
unallotted balance as of June 30, 2012, in appropriation item	163605
C72594, Deer Creek State Park, minus $19,392.	163606

RIVERFRONT IMPROVEMENTS

163607

The amount reappropriated for the foregoing appropriation	163608
item C725D0, Riverfront Improvements, is the unencumbered and	163609
unallotted balance as of June 30, 2012, in appropriation item	163610
C725D0, Riverfront Improvements, minus $5,000.	163611

MOHICAN STATE PARK

163612

The amount reappropriated for the foregoing appropriation	163613
item C725M9, Mohican State Park, is the unencumbered and	163614
unallotted balance as of June 30, 2012, in appropriation item	163615
C725M9, Mohican State Park, minus $72,469.	163616

WASTEWATER AND WATER SYSTEMS UPGRADE

163617

The amount reappropriated for the foregoing appropriation	163618
item C725N6, Wastewater and Water Systems Upgrade, is the	163619
unencumbered and unallotted balance as of June 30, 2012, in	163620
appropriation item C725N6, Wastewater and Water Systems Upgrade,	163621
plus $162,050.	163622

SOUTH BASS ISLAND STATE PARK

163623

The amount reappropriated for the foregoing appropriation	163624
item C725R0, South Bass Island State Park, is the unencumbered and	163625
unallotted balance as of June 30, 2012, in appropriation item	163626
C725R0, South Bass Island State Park, minus $29,992.	163627

KAMP DOVETAIL PROJECT

163628

The amount reappropriated for the foregoing appropriation	163629
item C725S5, Kamp Dovetail Project, used by the Department of	163630
Natural Resources, is the unencumbered and unallotted balance	163631
remaining as of June 30, 2013, in appropriation item C59020, Kamp	163632
Dovetail Project, used by the Department of Developmental	163633
Disabilities.	163634

FEDERAL REIMBURSEMENT

163635

All reimbursements received from the federal government for	163636
any expenditures made pursuant to sections of this act numbered	163637
with the prefix "207.10" shall be deposited in the state treasury	163638
to the credit of the Parks and Recreation Improvement Fund.	163639

Section 630.12. That existing Sections 203.30.40, 203.30.70,	163640
203.30.80, 203.90.10, 203.90.20, 205.10.20, 205.30.90, 205.50.70,	163641
and 207.10.10 of Sub. S.B. 312 of the 129th General Assembly are	163642
hereby repealed.	163643

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

163644

As used in this section, "appointing authority" has the same	163645
meaning as in section 124.01 of the Revised Code, and "exempt	163646
employee" has the same meaning as in section 124.01 of the Revised	163647
Code.	163648

Notwithstanding section 124.181 of the Revised Code, in cases	163649
where no vacancy exists, an appointing authority may, with the	163650
written consent of an exempt employee, assign duties of a higher	163651
classification to that exempt employee for a period of time not to	163652
exceed two years, and that exempt employee shall receive	163653
compensation at a rate commensurate with the duties of the higher	163654
classification.	163655

Section 701.30. As used in this section, "public record" has	163656
the meaning defined in section 149.43 of the Revised Code, and	163657
"public office" has the meaning defined in section 149.011 of the	163658
Revised Code.	163659

Not later than December 31, 2013, the Director of	163660
Administrative Services shall deliver a report to the Governor,	163661
the Speaker and Minority Leader of the House of Representatives,	163662
and the President and Minority Leader of the Senate that proposes	163663
uniform standards that should apply to a public office that	163664
chooses to post public records on an internet web site maintained	163665
by the public office. In developing the standards, the Director	163666
shall consider, at a minimum, the following factors: any	163667
recommended technology and/or software to use; the projected costs	163668
of implementing and maintaining such technology and software; and	163669
how a public office is to post a public record on its web site, or	163670
on a public web site maintained by the state, so that the public	163671
record, or the data contained in the public record, is capable of	163672
being searched and downloaded by the public in a uniform manner.	163673

Section 715.10. Two years after the amendments to section	163674
1501.011 of the Revised Code by this act take effect, the Ohio	163675
Facilities Construction Commission and the Department of Natural	163676
Resources shall review division (C) of that section.	163677

Section 733.10. Notwithstanding section 3317.01 of the	163678
Revised Code, as amended by this act, to determine whether a	163679
school district satisfied the minimum school year in the 2013-2014	163680
school year in order to qualify for state funding under Chapter	163681
3317. of the Revised Code for fiscal year 2015, the Department of	163682
Education shall apply the criteria prescribed in the version of	163683
division (B) of section 3317.01 of the Revised Code in effect	163684
prior to July 1, 2014.	163685

Section 733.20. The General Assembly hereby declares its	163686
intent, in enacting section 3319.031 of the Revised Code, to	163687
supersede any effect of the decision of the Court of Appeals of	163688
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	163689
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	163690
decision conflicts with the principle that boards of education may	163691
appoint a licensed business manager, but also may determine	163692
instead to assign the roles and functions of a business manager to	163693
one or more employees or officers of the board, including the	163694
treasurer, in the board's sole discretion.	163695

Section 733.40. (A) The Superintendent of Public Instruction	163696
shall appoint three incorporators who are knowledgeable about the	163697
administration of public schools and about the operation of	163698
nonprofit corporations in Ohio.	163699

(B) The incorporators shall do whatever is necessary and	163700
proper to set up a nonprofit corporation under Chapter 1702. of	163701
the Revised Code. The articles of incorporation, in addition to	163702
meeting the requirements of section 1702.04 of the Revised Code,	163703
shall set forth the following provisions:	163704

(1) That the nonprofit corporation is to create and implement	163705
a pilot program that provides an alternative path for individuals	163706
to receive training and development in the administration of	163707
primary and secondary education and leadership, that will enable	163708
these individuals to earn a degree in public school	163709
administration, that will enable these individuals to obtain	163710
licenses in public school administration, and that promotes the	163711
placement of these individuals in public schools that have a	163712
poverty percentage greater than fifty per cent.	163713

(2) That the Board of Directors are to establish criteria for	163714
program costs, participant selection, and continued participation,	163715
and metrics to document and measure pilot program activities.	163716

(3) That the name of the nonprofit corporation is "New	163717
Leaders for Ohio Schools."	163718

(4) That the Board of Directors is to consist of the	163719
following nine directors:	163720

(a) The Governor or the Governor's designee;

163721

(b) The Superintendent of Public Instruction, or the	163722
Superintendent's designee;	163723

(c) The Chancellor of the Ohio Board of Regents, or the	163724
Chancellor's designee;	163725

(d) Two individuals to represent major business enterprises	163726
in Ohio;	163727

(e) Two individuals appointed by the Speaker of the House of	163728
Representatives, one of whom shall be an active duty or retired	163729
military officer;	163730

(f) Two individuals appointed by the President of the Senate,	163731
one of whom shall be a current or retired teacher or principal.	163732

The Dean of The Ohio State University Fisher College of	163733
Business and the Dean of The Ohio State University College of	163734
Education and Human Ecology are to serve as ex-officio nonvoting	163735
members of the Board.	163736

The individuals on the Board who represent major business	163737
enterprises in Ohio are to be appointed by a statewide	163738
organization selected by the Governor. The organization is to be	163739
nonpartisan and consist of chief executive officers of major	163740
corporations organized in Ohio.	163741

(5) That the Board is to elect a chairperson from among its	163742
members, and is to appoint a President of the corporation.	163743

(6) That the President of the Corporation, subject to the	163744
approval of the Board, is to enter into a contract with The Ohio	163745
State University Fisher College of Business. Under the contract,	163746
the College is to provide oversight to the corporation, is to	163747
serve as fiscal agent for the corporation, and is to provide the	163748
corporation with office space, and with office furniture and	163749
equipment, as is necessary for the corporation successfully to	163750
fulfill its duties.	163751

(7) That the overhead expenses of the corporation are not to	163752
exceed fifteen per cent of the annual budget of the corporation.	163753

(8) That the President is to apply for, and is to receive and	163754
accept, grants, gifts, bequests, and contributions from private	163755
sources.	163756

(9) That the corporation is to submit an annual report to the	163757
General Assembly and Governor beginning December 31, 2013.	163758

(10) That state financial support for the corporation shall	163759
cease on the date that is five years after the effective date of	163760
this section.	163761

Section 733.50. (A) The State Board of Education shall issue	163762
an alternative principal or administrator license in accordance	163763
with rules adopted under this section to an individual who	163764
successfully completes the New Leaders for Ohio Schools pilot	163765
program under Section 733.40 of this act.	163766

(B) The State Board, in consultation with the Board of	163767
Directors of New Leaders for Ohio Schools, shall adopt rules that	163768
prescribe the requirements for an alternative principal or	163769
administrator license specifically for an individual who	163770
successfully completes the New Leaders for Ohio Schools pilot	163771
program. The State Board shall use the rules for alternative	163772
principal and administrator licenses previously adopted under	163773
section 3319.27 of the Revised Code as a guideline for development	163774
of the rules adopted under this section.	163775

Section 737.20. TELEMEDICINE POLICY WORKGROUP

163776

The Executive Director of the Governor's Office of Health	163777
Transformation may convene a workgroup of state agency directors	163778
to study policy matters regarding the potential benefits of using	163779
telemedicine as a means of increasing the quality and availability	163780
of health care services within this state. If established, the	163781
workgroup shall include the Medicaid Director, Superintendent of	163782
Insurance, and any other state agency director the Executive	163783
Director considers appropriate. Additional individuals may be	163784
included at the discretion of the Executive Director.	163785

A study conducted by a workgroup established under this	163786
section shall focus on developing a comprehensive statewide policy	163787
that encourages the use of telemedicine as an integral component	163788
of the state's health care system. In doing so, the workgroup	163789
shall consider not only the practice of telemedicine and the	163790
technology used to provide telemedicine services, but also matters	163791
pertaining to the implementation of telemedicine systems and the	163792
reimbursement of health care professionals, health care	163793
facilities, and other providers of telemedicine services,	163794
including coverage provided by health care insurers and the	163795
Medicaid program.	163796

Section 747.10. (A) The Ohio Cemetery Law Task Force shall	163797
develop recommendations on modifications of the laws of this state	163798
relating to cemeteries.	163799

(B) The Ohio Cemetery Law Task Force is established. The Task	163800
Force shall consist of the following eleven members: a	163801
representative of local government, other than townships,	163802
appointed by the President of the Senate; a representative of the	163803
Ohio Township Association appointed by the President of the	163804
Senate; a representative of Native Americans appointed by the	163805
President of the Senate; a representative of private cemeteries	163806
appointed by the Speaker of the House of Representatives; a	163807
representative of the Ohio Historical Society appointed by the	163808
Speaker of the House of Representatives; a representative of	163809
archeologists appointed by the Speaker of the House of	163810
Representatives; a representative of the Ohio Genealogical Society	163811
appointed by the Governor; a representative of the Ohio Cemetery	163812
Dispute Resolution Commission appointed by the Governor; a	163813
representative of the Division of Real Estate and Professional	163814
Licensing in the Department of Commerce appointed by the Governor;	163815
a representative of the Department of Transportation appointed by	163816
the Governor; and a representative of the Department of Natural	163817
Resources appointed by the Governor.	163818

The initial appointments shall be made not later than thirty	163819
days after the effective date of this section. Vacancies shall be	163820
filled in the manner provided for original appointments.	163821

The Task Force shall elect two of its members to serve as	163822
co-chairpersons of the Task Force.	163823

The Task Force shall meet as often as necessary to carry out	163824
its duties and responsibilities. Members of the Task Force shall	163825
serve without compensation.	163826

(C) The Task Force shall issue a report of its	163827
recommendations to the President of the Senate, the Speaker of the	163828
House of Representatives, and the Governor not later than one year	163829
after the effective date of this section. The Task Force ceases to	163830
exist upon submitting its report.	163831

Section 747.20. The county recorder shall continue to keep	163832
six separate sets of records of all agreements for the	163833
registration of lands as archaeological or historic landmarks	163834
recorded before the effective date of this section.	163835

Section 747.30. Notwithstanding section 4783.04 of the	163836
Revised Code, as enacted by this act, if an individual certified	163837
as a board certified behavior analyst by the Behavior Analyst	163838
Certification Board or its successor organization can demonstrate	163839
active practice in a manner prescribed in rules adopted by the	163840
State Board of Psychology within one year after the effective date	163841
of those rules, the individual may apply for immediate	163842
certification as a certified Ohio behavior analyst without paying	163843
a fee or satisfying other requirements specified in section	163844
4783.04 of the Revised Code or requirements prescribed by the	163845
State Board of Psychology.	163846

The State Board of Psychology shall provide internet access	163847
to the study guide produced by the State Board of Psychology that	163848
summarizes the applicable laws and rules. An individual issued a	163849
certificate pursuant to this section is responsible for knowledge	163850
of Ohio law based on self-study of these documents.	163851

Following initial certification under this section, a	163852
certified Ohio behavior analyst shall comply with section 4783.05	163853
of the Revised Code with respect to biennial registration, payment	163854
of fees, and continuing education requirements.	163855

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

163856

The Department of Mental Health and Addiction Services, in	163857
consultation with the Department of Medicaid, shall administer the	163858
Recovery Requires a Community Program to identify individuals	163859
residing in nursing facilities who can be successfully moved into	163860
a community setting with the aid of community non-Medicaid	163861
services.	163862

The Director of Mental Health and Addiction Services and the	163863
Medicaid Director shall agree upon an amount representing the	163864
savings realized from decreased nursing facility utilization to be	163865
transferred within the biennium from the Department of Medicaid to	163866
the Department of Mental Health and Addiction Services to support	163867
non-Medicaid program costs for individuals moving into community	163868
settings.	163869

Of the foregoing appropriation item 651525, Medicaid/Health	163870
Care Services, the Medicaid Director shall transfer the amount	163871
agreed upon representing the savings from the General Revenue Fund	163872
to the Sale of Goods and Services Fund (Fund 1490). The transfer	163873
shall be made using an intrastate transfer voucher. The	163874
transferred cash is hereby appropriated to appropriation item	163875
335609, Community Operating/Planning.	163876

Section 753.20. (A) The Director of Administrative Services,	163877
on behalf of the Department of Rehabilitation and Correction, is	163878
authorized to sell by bid, auction, real estate sale agreement, or	163879
through any other available legal means, all of the state's right,	163880
title, and interest in any or all of the real property described	163881
below, that the Director of Administrative Services and the	163882
Director of Rehabilitation and Correction determine should be sold	163883
in the best interest of, and as surplus to, the needs of the	163884
state.	163885

(B) The Governor is authorized to execute one or more deeds	163886
in the name of the state, conveying to one or more purchasers,	163887
their heirs and assigns or successors and assigns, all of the	163888
state's right, title, and interest in one or more of the real	163889
properties and improvements described below:	163890

101 Oval Drive Lima 45801

163891

102 Oval Drive Lima 45801

163892

1757 South Avon Belden Road Grafton 44044

163893

2069 South Avon Belden Road Grafton 44044

163894

900 East Capel Road Grafton 44044

163895

1088 North Main Street Mansfield 44903

163896

1659 Scioto Village Drive Marion 43302

163897

1674 Scioto Village Drive Marion 43302

163898

1686 Scioto Village Drive Marion 43302

163899

1693 Scioto Village Drive Marion 43302

163900

1705 Scioto Village Drive Marion 43302

163901

1710 Scioto Village Drive Marion 43302

163902

1717 Scioto Village Drive Marion 43302

163903

745 Likens Road Marion 43302

163904

813 Likens Road Marion 43302

163905

PCI Unit 4 - 11781 State Route 762 Orient 43146

163906

103 Reservation Circle Chillicothe 45601

163907

123 Reservation Circle Chillicothe 45601

163908

124 Reservation Circle Chillicothe 45601

163909

14166 Pleasant Valley Road Chillicothe 45601

163910

1187 Cook Road Lucasville 45648

163911

(C) The Director of Administrative Services shall convey the	163912
real estate, its improvements and chattels, "as-is," in its	163913
present condition.	163914

(D) Consideration for conveyance of the real estate shall be	163915
determined by bid, auction, or negotiated purchase agreement, at	163916
the discretion of the Director of Administrative Services and the	163917
Director of Rehabilitation and Correction.	163918

(E) The real property shall be conveyed subject to all	163919
easements, covenants, conditions, and restrictions of record; all	163920
legal highways; zoning, building, and other laws, ordinances,	163921
restrictions, and regulations; and real estate taxes and	163922
assessments not yet due and payable.	163923

(F)(1) The deed or deeds to the real estate may contain any	163924
terms and conditions the Director of Administrative Services and	163925
the Director of Rehabilitation and Correction determine to be in	163926
the best interest of the state. The deed or deeds may contain	163927
restrictions that the Directors determine are reasonably necessary	163928
to protect the interest of the state in neighboring state-owned	163929
land.	163930

(2) The deed or deeds shall contain restrictions prohibiting	163931
the purchaser from occupying, using, developing, or selling the	163932
real estate, such as will interfere with quiet enjoyment of the	163933
neighboring state-owned land.	163934

(G) The method of sale and disposition of the real estate	163935
shall be determined by the Director of Administrative Services and	163936
the Director of Rehabilitation and Correction.	163937

(H) The real estate may be sold as an entire tract, as	163938
multiple tracts, or in parcels.	163939

(I) The purchaser or purchasers shall pay all costs	163940
associated with the purchase and conveyance of the real estate,	163941
including, but not limited to, title evidence, title insurance,	163942
transfer costs and fees, recording costs of the deed, taxes, and	163943
any other fees and costs that may be imposed.	163944

(J) Surveys and legal descriptions as are required for the	163945
conveyance of the real estate shall be prepared at the purchaser's	163946
expense.	163947

(K) The net proceeds of the sale of the real estate shall be	163948
deposited into the state treasury to the credit of the Property	163949
Receipts Fund created by section 5120.22 of the Revised Code.	163950

(L) Upon payment of the purchase price for all or any of the	163951
real estate, the Auditor of State, with the assistance of the	163952
Attorney General, shall prepare a deed or deeds for the real	163953
estate. A deed shall state the consideration, and any terms or	163954
conditions and the restrictions. A deed shall be executed by the	163955
Governor in the name of the state, countersigned by the Secretary	163956
of State, sealed with the Great Seal of the State, presented in	163957
the Office of the Auditor of State for recording, and delivered to	163958
the purchaser. The purchaser shall present the deed for recording	163959
in the office of the appropriate County Recorder.	163960

(M) This section expires two years after its effective date.

163961

Section 753.30. (A) There is the State Facility Utilization	163962
and Consolidation Task Force. The Task Force shall create an	163963
inventory of state-owned real property and of assets related to	163964
the real property, study the current utilization of the real	163965
property and related assets, determine which real properties and	163966
related assets are not being productively used, determine which	163967
real properties and related assets that are not being productively	163968
used could be productively used, and determine which real	163969
properties and related assets that are not being productively used	163970
could be productively used if consolidated. The Task Force, based	163971
on its study, shall provide the Governor, the President of the	163972
Senate, and the Speaker of the House of Representatives, not later	163973
than one year after the effective date of this section, a report	163974
expressing Task Force's recommendations for the sale, productive	163975
use, or consolidation of state-owned real property and assets.	163976
Upon completing delivery of its report, the Task Force ceases to	163977
exist.	163978

(B) The Task Force consists of the following members: Two	163979
members of the House of Representatives, appointed by the Speaker	163980
of the House of Representatives; two members of the Senate	163981
appointed by the President of the Senate; one individual appointed	163982
by the Governor; the Director of Administrative Services or the	163983
Director's designee; and the Director of Budget and Management or	163984
the Director's designee. Vacancies on the Task Force shall be	163985
filled by the appointing authority.	163986

The Task Force shall select a chairperson and	163987
vice-chairperson from among its members.	163988

Members of the Task Force are not entitled to compensation	163989
for serving on the Task Force. Members of the Task Force may	163990
continue to receive the compensation and benefits accruing from	163991
their regular offices or employments. A member of the Task Force	163992
is entitled to reimbursement of actual and necessary expenses	163993
incurred because of service on the Task Force.	163994

The Task Force first shall meet within one month after the	163995
effective date of this section at the call of the Governor.	163996
Thereafter, the Task Force shall meet at the call of its	163997
chairperson as necessary to carry out its duties.	163998

The Director of Administrative Services shall provide the	163999
Task Force with meeting space and with professional, technical,	164000
and clerical staff as is necessary for the Task Force successfully	164001
and efficiently to fulfill its duties.	164002

Section 755.10. Not later than ninety days after the	164003
effective date of this section, the Director of Transportation	164004
shall establish a county bridge program to assist counties with	164005
the maintenance of bridges. The program may provide monetary and	164006
other resources, and shall address infrastructure needs related to	164007
county-maintained bridges, including bridge embankments, drainage	164008
bridge repair, and other related conditions.	164009

The Director may consult with affected political subdivisions	164010
in assessing needs and in developing the program. Upon	164011
establishing the program, the Director shall notify affected	164012
political subdivisions in an appropriate manner of the	164013
availability of the program.	164014

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	164015
FUND	164016

Notwithstanding any provision of section 131.51 of the	164017
Revised Code to the contrary, from revenue arising from the	164018
personal income tax levied under Chapter 5747. of the Revised	164019
Code, an amount equal to one hundred per cent of the amount	164020
credited to the Local Government Fund in July 2012 shall be	164021
credited to such fund in July 2013. In July 2013 each county	164022
undivided local government fund shall receive the same amount it	164023
received in July 2012. In July 2013 each municipal corporation	164024
shall receive the same amount it directly received from the Local	164025
Government Fund in July 2012.	164026

Section 757.30. (A) There is hereby created the Commercial	164027
Activity Tax Review Committee to review and make recommendations	164028
for reforming and improving the tax levied under Chapter 5751. of	164029
the Revised Code. The committee shall be composed of the following	164030
members:	164031

(1) The chair of the standing committee of the House of	164032
Representatives that deals primarily with issues of taxation;	164033

(2) The chair of the standing committee of the Senate that	164034
deals primarily with issues of taxation;	164035

(3) Three members of the House of Representatives appointed	164036
by the Speaker of the House of Representatives, two of whom shall	164037
be members of the minority party;	164038

(4) Three members of the Senate appointed by the President of	164039
the Senate, two of whom shall be members of the minority party;	164040

(5) The Tax Commissioner or the Commissioner's designee; and

164041

(6) The Director of Budget and Management or the Director's	164042
designee.	164043

(B) The Commercial Activity Tax Review Committee shall be	164044
jointly chaired by the members described in divisions (A)(1) and	164045
(2) of this section. The committee shall meet monthly, beginning	164046
in July 2013, at the call of the chairs and may accept testimony.	164047
The committee is a public body for the purposes of section 121.22	164048
of the Revised Code.	164049

The committee shall, on or before October 31, 2013, submit a	164050
report with the committee's recommendations to the Governor, the	164051
Speaker and Minority Leader of the House of Representatives, and	164052
the President and Minority Leader of the Senate.	164053

(C) The Commercial Activity Tax Review Committee shall cease	164054
to exist after October 31, 2013.	164055

Section 757.50. The amendment by this act of divisions (Q),	164056
(R), and (S) of section 5741.01 and section 5741.03 of the Revised	164057
Code and the enactment of section 5741.032 of the Revised Code are	164058
hereby effectuated with the intent that if the United States	164059
Congress enacts the Marketplace Fairness Act of 2013, or other	164060
similar legislation authorizing states to require sellers that	164061
lack a substantial nexus with the state to pay, collect, or remit	164062
sales or use tax, the General Assembly shall adopt, before the	164063
effective date of such federal legislation, any conforming	164064
amendments required by such federal legislation and requiring the	164065
Tax Commissioner to adopt rules necessary to effectively	164066
administer such taxes with respect to remote sellers, as defined	164067
in division (R) of section 5741.01 of the Revised Code.	164068

This section is not intended to create a nexus between this	164069
state and remote sellers for any tax other than those imposed	164070
under Chapters 5739. and 5741. of the Revised Code.	164071

Section 757.60. The purpose of section 3735.661 of the	164072
Revised Code is to clarify the intent of the General Assembly that	164073
"first two amendments," as used in division (B) of Section 3 of	164074
Am. Sub. S.B. 19 of the 120th General Assembly, has, on and after	164075
July 22, 1994, referred and continues to refer to only a	164076
substantive amendment to a community reinvestment area ordinance	164077
or resolution that extends, expands, increases, or otherwise	164078
broadens the availability of tax exemptions provided under the	164079
ordinance or resolution and does not refer to an amendment that	164080
decreases or otherwise limits the availability of tax exemptions	164081
under the ordinance or resolution or that are procedural or	164082
administrative. Therefore, section 3735.661 of the Revised Code	164083
applies retroactively to ordinances and resolutions adopted under	164084
section 3735.66 of the Revised Code before and after the effective	164085
date of section 3735.661 of the Revised Code.	164086

Section 803.10. An investor who is issued a tax credit	164087
certificate under section 122.152 of the Revised Code prior to	164088
that section's repeal by this act may continue to claim that	164089
credit in the manner provided for in that section.	164090

Section 803.20. The member of the Farmland Preservation	164091
Advisory Board appointed under division (A)(4) of section 901.23	164092
of the Revised Code, as that section existed prior to its	164093
amendment by this act, who is serving on the effective date of	164094
this act shall continue to serve until the expiration of the term	164095
for which the member was appointed. At the end of that term, a	164096
member shall be appointed in accordance with division (A)(4) of	164097
that section as amended by this act.	164098

Section 803.30. A member of the technical advisory committee	164099
created in section 1551.35 of the Revised Code, as amended by this	164100
act, who was appointed by the Director of the Ohio Coal	164101
Development Office and who is serving on the committee immediately	164102
prior to the effective date of the amendments to that section	164103
shall continue in office until the expiration of the member's	164104
term. Thereafter, the appointment of a member for that position on	164105
the committee shall be made in accordance with the amendments to	164106
that section by this act.	164107

Section 803.41. (A) A member serving on the Rehabilitation	164108
Services Commission immediately prior to the effective date of	164109
this section who was appointed under section 3304.12 of the	164110
Revised Code as that section existed prior to its amendment by	164111
this act shall continue serving on the Opportunities for Ohioans	164112
with Disabilities Commission established by the amendments to that	164113
section by this act until the end of the term for which the member	164114
was appointed.	164115

(B) The consumer advisory committee that is required to be	164116
appointed by the Opportunities for Ohioans with Disabilities	164117
Commission by section 3304.16 (3304.14) of the Revised Code, as	164118
amended and renumbered by this act, is a continuation of the	164119
consumer advisory committee that was required to be appointed by	164120
the Rehabilitation Services Commission by section 3304.24 of the	164121
Revised Code prior to the repeal of that section by this act.	164122

Section 803.50. The amendments to sections 3313.48, 3313.533,	164123
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	164124
section 3313.481; and the repeal of section 3313.482 of the	164125
Revised Code made by this act do not apply to any collective	164126
bargaining agreement executed under Chapter 4117. of the Revised	164127
Code prior to July 1, 2014. Any collective bargaining agreement or	164128
renewal executed after that date shall comply with the changes	164129
provided for in this act.	164130

Section 803.60. (A) As used in this section:

164131

(1) "State institution of higher education" has the same	164132
meaning as in section 3345.011 of the Revised Code.	164133

(2) "Career-technical planning district" has the same meaning	164134
as in section 3302.033 of the Revised Code.	164135

(B) Nothing in Chapter 3365. of the Revised Code or the	164136
amendment of sections in that chapter by this act shall be	164137
construed to infringe upon or require the alteration of any	164138
existing or future articulation agreement for technical coursework	164139
offered through state-approved career-technical programs of study	164140
or any corresponding payment structure between any state	164141
institution of higher education and a career-technical planning	164142
district.	164143

The Department of Education and the Board of Regents shall	164144
study the implications of applying the changes in Chapter 3365. of	164145
the Revised Code to articulation agreements for technical	164146
coursework offered through state-approved career-technical	164147
programs of study. The Department and the Board also shall make	164148
recommendations on how such career-technical programs of study	164149
might be included under Chapter 3365. of the Revised Code and the	164150
implications of including them. These recommendations shall be	164151
submitted to the Governor's Office of 21st Century Education and	164152
the General Assembly in accordance with section 101.68 of the	164153
Revised Code, not later than July 1, 2014.	164154

Section 803.80. (A) The amendment by this act of section	164155
5747.01 of the Revised Code, amending or enacting divisions	164156
(A)(26) and (GG) of that section, applies to taxable years ending	164157
on or after the effective date of this section.	164158

(B) The amendment by this act of section 5747.022 and	164159
division (A) of section 5747.025 of the Revised Code applies to	164160
taxable years beginning on or after January 1, 2014.	164161

(C) The amendment by this act of division (A)(32) of section	164162
5747.01, division (C) of section 5747.025, and of sections	164163
5747.02, 5747.08, 5747.21, 5747.22, and 5748.01 and the repeal of	164164
section 5747.211 of the Revised Code apply to taxable years	164165
beginning on or after January 1, 2013.	164166

Section 803.90. (A) Except as provided in division (B) of	164167
this section, the amendment by this act of section 5751.01 of the	164168
Revised Code applies to tax periods ending on or after the	164169
effective date of that amendment.	164170

(B) The amendment by this act of section 5751.02, section	164171
5751.051, divisions (B)(1), (B)(2), and (J) of section 5751.20,	164172
and all divisions of section 5751.01 of the Revised Code except	164173
divisions (F)(2)(z) and (jj) of that section shall take effect	164174
July 1, 2014.	164175

(C) The amendment by this act of divisions (F)(2)(z) and (jj)	164176
of section 5751.01 of the Revised Code applies to original returns	164177
filed on or after January 1, 2014.	164178

Section 803.120. (A) The amendment by this act of section	164179
1509.50, division (C)(12) of section 5703.21, section 5749.02,	164180
divisions (D), (F), (H), and (I) of section 5749.06, and section	164181
5749.17 of the Revised Code applies to calendar quarters beginning	164182
on or after October 1, 2013.	164183

(B) The amendment by this act of division (G) of section	164184
5749.06 of the Revised Code applies to the severance of natural	164185
resources occurring in calendar quarters beginning on or after	164186
January 1, 2014.	164187

Section 803.160. (A) References to the Ohio Cooperative	164188
Extension Service, or use of a similar term, in any contracts,	164189
agreements, or other instruments that were entered into or	164190
executed prior to the effective date of this section pursuant to	164191
state statutes are deemed to be references to OSU Extension as	164192
defined in section 1.611 of the Revised Code as enacted by this	164193
act.	164194

(B) References to the Ohio Cooperative Extension Service, or	164195
use of a similar term, in rules adopted prior to the effective	164196
date of this section pursuant to state statutes are deemed to be	164197
references to OSU Extension.	164198

Section 803.170. The amendment by this act of section	164199
5709.17 of the Revised Code applies to tax year 2013 and every tax	164200
year thereafter.	164201

Section 803.180. The amendment or enactment by this act of	164202
sections 5735.012 and 5735.013 applies on and after January 1,	164203
2014.	164204

Section 803.190. (A) The amendment or enactment by this act	164205
of division (I), except for divisions (I)(2)(g) and (I)(4), of	164206
section 5741.01 of the Revised Code applies to the storage, use,	164207
or other consumption of tangible personal property or services	164208
occurring on and after the first month beginning after the	164209
effective date of that division and section.	164210

(B) The amendment by this act of divisions (I)(2)(g) and	164211
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	164212
applies to the storage, use, or other consumption of tangible	164213
personal property or services occurring on and after October 1,	164214
2013, regardless of the date a seller and a resident entered into	164215
an agreement described in division (I)(2)(g) of section 5741.01 of	164216
the Revised Code. On that date, as used in divisions (I)(2)(g) and	164217
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	164218
months" means the twelve months beginning October 1, 2012, and	164219
ending September 30, 2013.	164220

(C) The amendment by this act of section 5739.02 of the	164221
Revised Code, adding division (B)(49)(b), applies to retail sales	164222
occurring on or after the first day of the first month beginning	164223
after the effective date of that section.	164224

Section 803.210. Section 4503.192 of the Revised Code, which	164225
under Am. Sub. H.B. 51 of the 130th General Assembly is scheduled	164226
to take effect on July 1, 2013, rather takes effect on January 1,	164227
2014.	164228

Section 803.220. The new filing requirements applicable to	164229
persons who are elected or appointed to, or who are candidates	164230
for, an office of a township with a population of five thousand or	164231
more under section 102.02 of the Revised Code, as amended by this	164232
act, first apply to 2013 statements required to be filed by	164233
persons who are candidates for or serving in a township office in	164234
calendar year 2014, which shall be filed not later than ninety	164235
days after the effective date of this section.	164236

Section 803.230. The amendment by this act of section	164237
5739.02 of the Revised Code, adding division (B)(52), applies to	164238
the sale or storage, use, or other consumption of tangible	164239
personal property or services occurring before, on, or after the	164240
effective date of this section.	164241

Section 803.240. The amendments by this act to section	164242
5735.27 of the Revised Code apply to any proceedings commenced	164243
after their effective date, and, so far as their provisions	164244
support the actions taken, also apply to any proceedings that on	164245
their effective date are pending, in progress, or completed and	164246
that are supplemented to provide or confirm compliance with or	164247
support by the provisions of those amendments as if they had been	164248
in effect at the time of those proceedings, and also apply to any	164249
public obligations authorized, issued, or incurred pursuant to	164250
those proceedings, notwithstanding any law, resolution, ordinance,	164251
order, advertisement, notice, or other proceeding in effect before	164252
their effective date. Any proceedings pending or in progress on	164253
the effective date of the amendments, or any public obligations	164254
authorized, sold, issued, incurred, delivered, or validated	164255
pursuant to those proceedings, shall be deemed to have been taken,	164256
authorized, sold, issued, incurred, delivered, or validated in	164257
conformity with the amendments so far as their provisions support	164258
the actions taken.	164259

The amendments by this act to section 5735.27 of the Revised	164260
Code provide additional and supplemental provisions for subject	164261
matter that may also be the subject of other laws, and are	164262
intended to be supplemental to, and not in derogation of, any	164263
similar authority provided by, derived from, or implied by, the	164264
Constitution of Ohio, or any other law, including laws amended by	164265
this act, or any charter, order, resolution, or ordinance; and	164266
those amendments to section 5735.27 of the Revised Code shall not	164267
be interpreted to negate the authority provided by, derived from,	164268
or implied by the Constitution of Ohio, laws, charters, orders,	164269
resolutions, or ordinances.	164270

Section 803.250. The amendment by this act of section	164271
323.158 of the Revised Code applies to tax year 2013 and every tax	164272
year thereafter, and the amendment of section 4503.0610 of the	164273
Revised Code applies to tax year 2014 and every tax year	164274
thereafter.	164275

Section 803.260. The amendment by this act of section	164276
5729.04 of the Revised Code applies to calendar years ending on or	164277
after December 31, 2013.	164278

Section 803.270. The amendment by this act of section	164279
5735.142 of the Revised Code applies to motor fuel purchased on or	164280
after the effective date of this section.	164281

Section 806.10. The items of law contained in this act, and	164282
their applications, are severable. If any item of law contained in	164283
this act, or if any application of any item of law contained in	164284
this act, is held invalid, the invalidity does not affect other	164285
items of law contained in this act and their applications that can	164286
be given effect without the invalid item of law or application.	164287

Section 809.10. An item of law, other than an amending,	164288
enacting, or repealing clause, that composes the whole or part of	164289
an uncodified section contained in this act has no effect after	164290
June 30, 2015, unless its context clearly indicates otherwise.	164291

Section 812.10. Except as otherwise provided in this act, the	164292
amendment, enactment, or repeal by this act of a section is	164293
subject to the referendum under Ohio Constitution, Article II,	164294
Section 1c and therefore takes effect on the ninety-first day	164295
after this act is filed with the Secretary of State or, if a later	164296
effective date is specified below, on that date.	164297

The amendment, enactment, or repeal of sections 123.19,	164298
123.201, 123.21, 123.27, 154.01, 154.23, 307.674, 3383.01	164299
(123.28), 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07	164300
(123.281), 3383.08, 3383.09, and 5162.12 of the Revised Code takes	164301
effect January 1, 2014.	164302

The amendment, enactment, or repeal of sections 3313.48,	164303
3313.533, 3313.62, 3314.092, 3321.05, 3326.11, and 3327.02 of the	164304
Revised Code takes effect July 1, 2014.	164305

The repeal and reenactment of section 3313.481 of the Revised	164306
Code takes effect July 1, 2014.	164307

The enactment of section 3327.07 of the Revised Code takes	164308
effect on July 1, 2014.	164309

Division (A) of section 4783.02 of the Revised Code takes	164310
effect one year after the effective date of that section.	164311

Sections 323.70, 323.110, 323.120, and 323.480 of this act	164312
take effect at the earliest time permitted by law but not earlier	164313
than September 30, 2013.	164314

Section 282.90 of this act takes effect on January 1, 2014.

164315

Section 812.20. The amendment, enactment, or repeal by this	164316
act of the sections listed below is exempt from the referendum	164317
under Ohio Constitution, Article II, Section 1d and section 1.471	164318
of the Revised Code and therefore takes effect immediately when	164319
this act becomes law or, if a later effective date is specified	164320
below, on that date.	164321

Sections 131.51, 731.091, 3314.05, 3734.57, 3734.901,	164322
4301.43, 5727.84, 5747.501, and 5753.03 of the Revised Code.	164323

Sections of this act prefixed with section numbers in the	164324
200's, 300's, 400's, and 500's except for sections 282.90,	164325
323.10.70, 323.70, 323.110, 323.120, 323.480, 363.230, 363.520,	164326
363.540, and 363.550 of this act.	164327

Sections 605.30 and 605.31 of this act.

164328

Section 803.210 of this act.

164329

Sections 812.10, 812.20, and 812.30 of this act.

164330

The amendment, enactment, or repeal of sections 125.05,	164331
152.09, 154.25, 3313.603, 3314.074, 3317.06, 3317.50, 3317.51,	164332
3319.22, 3319.235, 3345.12, 3353.01, 3353.02, 3353.04, 3353.06,	164333
3353.07, 3353.08, 3353.09, 3353.15, and 3353.20 takes effect July	164334
1, 2013.	164335

The enactment of section 5168.41 of the Revised Code takes	164336
effect July 1, 2013.	164337

The amendment of sections 120.06 and 5139.04 of the Revised	164338
Code takes effect July 1, 2013.	164339

Section 812.30. The sections that are listed in the	164340
left-hand column of the following table combine amendments by this	164341
act that are and that are not exempt from the referendum under	164342
Ohio Constitution, Article II, sections 1c and 1d and section	164343
1.471 of the Revised Code.	164344

The middle column identifies the amendments to the listed	164345
sections that are subject to the referendum under Ohio	164346
Constitution, Article II, Section 1c and therefore take effect on	164347
the ninety-first day after this act is filed with the Secretary of	164348
State or, if a later effective date is specified, on that date.	164349

The right-hand column identifies the amendments to the listed	164350
sections that are exempt from the referendum under Ohio	164351
Constitution, Article II, Section 1d and section 1.471 of the	164352
Revised Code and therefore take effect immediately when this act	164353
becomes law or, if a later effective date is specified, on that	164354
date.	164355

Section of law	Amendments subject to referendum	Amendments exempt from referendum	164356
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	164357
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	164358
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	164359
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	164360

Section 812.40. The amendments to sections 3317.01, 3317.03,	164361
5101.573 (5160.40), 5101.58 (5160.37), 5111.07 (5164.752),	164362
5111.071 (5164.753), 5111.083 (5164.757), 5111.17 (5167.10), and	164363
5111.19 (5164.74) of the Revised Code are subject to the	164364
referendum under Ohio Constitution, Article II, Section 1c and	164365
section 1.471 of the Revised Code, and therefore take effect on	164366
the ninety-first day after this act is filed with the Secretary of	164367
State. However:	164368

(A) In section 3317.01 of the Revised Code, the amendments to	164369
division (B) take effect July 1, 2014.	164370

(B) In section 3317.03 of the Revised Code, the following	164371
amendments in divisions (A) and (D) take effect July 1, 2014:	164372

(1) The strike through of "the first paragraph of";

164373

(2) The strike through of "(B)" and insertion of "(A)(1)";

164374

(3) The strike through of "3317.01" and insertion of	164375
"3313.482".	164376

(C) In section 5101.573 (5160.40) of the Revised Code, the	164377
new matter inserted into division (C) takes effect January 1,	164378
2014.	164379

(D) In section 5101.58 (5160.37) of the Revised Code, the	164380
insertion of division (K) takes effect January 1, 2014.	164381

(E)(1) In section 5111.07 (5164.752) of the Revised Code, all	164382
of the amendments take effect July 1, 2014, except for the	164383
following amendments:	164384

(a) The renumbering of the section;

164385

(b) The strike through of "job and family services" and	164386
insertion of "medicaid" in the first sentence as the section	164387
appears on the day immediately preceding the effective date of	164388
this section.	164389

(2) The reference to "director of job and family services" in	164390
the last sentence shall be read as if it reads the "director of	164391
medicaid" while the last sentence remains in effect.	164392

(F) In section 5111.071 (5164.753) of the Revised Code, the	164393
insertion in the last sentence of "and the extent to which each	164394
terminal distributor participates in the medicaid program as a	164395
provider of drugs" takes effect July 1, 2014.	164396

(G) In section 5111.083 (5164.757) of the Revised Code, all	164397
of the amendments take effect January 1, 2014, except for the	164398
following amendments:	164399

(1) The renumbering of the section;

164400

(2) The insertion of "medicaid" before "director" in the	164401
first sentence of division (B);	164402

(3) The strike through of "of job and family services".

164403

(H) In section 5111.17 (5167.10) of the Revised Code, the	164404
amendments to division (B)(2) take effect January 1, 2014.	164405

(I) In section 5111.19 (5164.74) of the Revised Code, the	164406
following amendments take effect January 1, 2014:	164407

(1) The insertion of ", and the allocation of payments for,"	164408
in the first paragraph;	164409

(2) The strike through of the second paragraph and divisions	164410
(A), (B), and (C).	164411

Section 815.10. The General Assembly, applying the principle	164412
stated in division (B) of section 1.52 of the Revised Code that	164413
amendments are to be harmonized if reasonably capable of	164414
simultaneous operation, finds that the following sections,	164415
presented in this act as composites of the sections as amended by	164416
the acts indicated, are the resulting versions of the sections in	164417
effect prior to the effective date of the sections as presented in	164418
this act:	164419

Section 9.90 of the Revised Code as amended by both Am. Sub.	164420
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	164421

Section 109.572 of the Revised Code as amended by both Am.	164422
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164423

Section 122.17 of the Revised Code as amended by Sub. H.B.	164424
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	164425
General Assembly.	164426

Section 122.171 of the Revised Code as amended by both Am.	164427
Sub. S.B. 314 and Am. Sub. H.B. 510 of the 129th General Assembly.	164428

Section 122.33 of the Revised Code as amended by both Am.	164429
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	164430

Section 124.381 of the Revised Code as amended by both Am.	164431
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164432

Section 149.311 of the Revised Code as amended by both Am.	164433
Sub. H.B. 510 and Am. Sub. S.B. 314 of the 129th General Assembly.	164434

Section 149.43 of the Revised Code as amended by both Am.	164435
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	164436

Section 329.06 of the Revised Code as amended by both Am.	164437
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164438

Section 955.201 of the Revised Code as amended by both Am.	164439
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	164440

Section 2901.30 of the Revised Code as amended by both Am.	164441
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	164442

Section 2921.13 of the Revised Code as amended by both Am.	164443
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly.	164444

Section 2923.126 of the Revised Code as amended by both Am.	164445
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	164446
that is scheduled to take effect January 1, 2014.	164447

Section 3304.231 of the Revised Code as amended by both Am.	164448
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164449

Section 3313.978 of the Revised Code as amended by both Am.	164450
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	164451

Section 3701.78 of the Revised Code as amended by both Am.	164452
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164453

Section 3734.01 of the Revised Code as amended by both Am.	164454
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	164455

Section 3745.11 of the Revised Code as amended by both Am.	164456
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	164457

Section 4141.29 of the Revised Code as amended by both Sub.	164458
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	164459

Section 5104.012 of the Revised Code as amended by both Am.	164460
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	164461
that is scheduled to take effect January 1, 2014.	164462

Section 5104.013 of the Revised Code as amended by both Am.	164463
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	164464
that is scheduled to take effect January 1, 2014.	164465

Section 5111.032 of the Revised Code as amended by both Am.	164466
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164467

Section 5111.033 of the Revised Code as amended by both Am.	164468
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164469

Section 5111.034 of the Revised Code as amended by both Am.	164470
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	164471

Section 5111.172 of the Revised Code as amended by both Am.	164472
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	164473

Section 5119.16 of the Revised Code as amended by both Am.	164474
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164475

Section 5701.13 of the Revised Code as amended by both Sub.	164476
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	164477

Section 5705.21 of the Revised Code as amended by both Sub.	164478
H.B. 525 and Am. S.B. 321 of the 129th General Assembly.	164479

Section 5705.25 of the Revised Code as amended by both Am.	164480
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly.	164481

Section 5731.39 of the Revised Code as amended by both Am.	164482
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	164483

Section 5735.142 of the Revised Code as amended by both Am.	164484
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	164485

Section 5739.01 of the Revised Code as amended by Am. Sub.	164486
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	164487

Section 5739.02 of the Revised Code as amended by Am. Sub.	164488
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	164489

Section 5747.01 of the Revised Code as amended by Am. H.B.	164490
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	164491
General Assembly.	164492

Section 5747.98 of the Revised Code as amended by both Am.	164493
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	164494

Section 5749.02 of the Revised Code as amended by both Am.	164495
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	164496

Section 5751.01 of the Revised Code as amended by both Am.	164497
Sub. H.B. 51 and Am. S.B. 28 of the 130th General Assembly.	164498

Section 5753.03 of the Revised Code as amended by both Am.	164499
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	164500

Section 815.20. The amendment of sections 5104.11 and 5120.07	164501
of the Revised Code by this act is not intended to supersede the	164502
earlier repeal, with delayed effective date, of those sections.	164503

The amendment of section 5507.53 (128.53) of the Revised Code	164504
by this act is not intended to supersede the earlier repeal, with	164505
delayed effective date, of that section. The amendment of section	164506
5507.40 (128.40) of the Revised Code of this act is intended to	164507
supersede the earlier repeal, with delayed effective date, of that	164508
section.	164509